HomeMy WebLinkAboutCity Council Minutes 01-19-1999Adopted Minutes
Regular Council Meeting
January 19, 1999
A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at
7:00 p.m. in the City Center, 3400 Plymouth Blvd., on January 19, 1999.
COUNCIL PRESENT: Mayor Tierney; Councilmembers Slavik, Spigner, Black,
Harstad, Johnson, and Bildsoe.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public
Works Director Moore, Community Development Director Hurlburt, Public Safety
Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, City
Attorney Knutson, and City Clerk Ahrens.
3 Forum
No one spoke at the Forum.
4.1 Fire and Ice Festival
Recreation Supervisor Gruepner introduced the 10`x' annual Fire and Ice Festival on
February 6 at Parkers Lake Park.
4.2 "We Care About Kids" Day
Assistant City Manager Lueckert presented the request of the Community Ahead
organization for a proclamation of "We Care About Kids" Day.
Motion was made by Councilmember Johnson, seconded by Councilmember Black, to
proclaim February 6 as "We Care About Kids" Day. Motion carried, seven ayes.
4.3 Plymouth Human Rights Commission Middle School Essay Contest Winners
The City Council recognized the winners of the Middle School Essay Contest sponsored
by the Plymouth Human Rights Commission.
5 Approve Agenda
Councilmember Black requested the addition of the Hennepin Parks proposal for Eagle
Lake Park. Mayor Tierney requested the addition of discussion of the Congressional
Cities Conference and presentation at West Lutheran High School.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to
approve the agenda with the addition of the items requested. Motion carried, seven ayes.
6 Consent Agenda
Item 6.5 was removed from the consent agenda, and staff was directed to place it on a
future study session agenda. Item 6.6 was moved to 8.05.
Adopted City Council Minutes
January 19, 1999
Page 2
Manager Johnson presented a revised resolution on Item 6.9.
Councilmember Spigner commented that Item 6.3 renews various liquor licenses, and
there will be upcoming Council action in February with regard to liquor law violations
for some of the establishments.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt the Consent Agenda as amended. Motion carried, seven ayes.
6.1 Approve City Council Minutes
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
approve the minutes of the regular council meeting of January 5, 1999, and the special
council meeting of January 12, 1999. Motion carried, seven ayes.
6.2 Approve Disbursements
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-28 APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING JANUARY 8,1999. Motion carried, seven ayes.
6.3 Intoxicating Liquor and Wine License Renewals
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-29 APPROVAL OF ON -SALE AND SUNDAY
INTOXICATING LIQUOR, OFF -SALE INTOXICATING LIQUOR, AND WINE
LICENSES. Motion carried, seven ayes.
6.4 Public Safety Ordinance Amendment Prohibiting Child Endangerment
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt ORDINANCE 99-3 AMENDING CHAPTER 9 TO THE PLYMOUTH CITY
CODE RELATING TO PUBLIC SAFETY PROHIBITING CHILD
ENDANGERMENT IN A MOTOR VEHICLE. Motion carried, seven ayes.
6.7 Ordinance Amendment Concerning the Definition of Wild Animals
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt ORDINANCE 99-4 AMENDING THE PLYMOUTH CITY CODE
CHAPTER 1 CONCERNING THE DEFINITION OF WILD ANIMALS. Motion
carried, seven ayes.
6.8 1999 Contribution Payments to Human Service Agencies
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
approve 1999 Contribution Payments to Human Service Agencies. Motion carried, seven
ayes.
Adopted City Council Minutes
January 19, 1999
Page 3
6.9 1999 City Attorney Fee Increases
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-30 APPROVING 1997,1998 AND 1999 FEE INCREASES
AND CONTRACT FOR LEGAL SERVICES PROVIDED BY CAMPBELL
KNUTSON. Motion carried, seven ayes.
6.10 Interim Use Permit for Dundee Nursery (98187)
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-31 APPROVING AN INTERIM USE PERMIT TO
ALLOW THE DEPOSIT OF FILL AT DUNDEE NURSERY, 16800 HIGHWAY 55
98187). Motion carried, seven ayes.
6.11 Conditional Use Permit for Puddle Jumper's Child Care Center, Inc. (98196)
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-32 APPROVING CONDITIONAL USE PERMIT FOR
PUDDLE JUMPER'S CHILD CARE CENTER FOR PROPERTY LOCATED AT
1400 COUNTY ROAD 101. Motion carried, seven ayes.
6.12 Set 1998 Weed Eradication and Destruction Hearing, Roll 2
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-33 DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1998 WEED
ERADICATION AND DESTRUCTION, ROLL 2. Motion carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-34 FOR PUBLIC HEARING ON PROPOSED
ASSESSMENT, 1998 WEED ERADICATION AND DESTRUCTION, ROLL 2.
Motion carried, seven ayes.
6.13 Set 1998 Diseased Trees Removal and Destruction Hearing, Roll 2
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-35 DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1998
REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2. Motion
carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-36 FOR PUBLIC HEARING ON PROPOSED
ASSESSMENT, REMOVAL AND DESTRUCTION OF DISEASED TREES,
ROLL 2. Motion carried, seven ayes.
Adopted City Council Minutes
January 19, 1999
Page 4
6.14 Reduction in Required Financial Guarantee
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-37 REDUCING REQUIRED FINANCIAL
GUARANTEE, WESTBRANCH ADDITION FKA PLYMOUTH CREEK
HEIGHTS ADDITION (92115). Motion carried, seven ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-38 REDUCING REQUIRED FINANCIAL
GUARANTEE, WESTBRANCH 2ND ADDITION (94045). Motion carried, seven
ayes.
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-39 REDUCING REQUIRED FINANCIAL
GUARANTEE, WESTBRANCH 4TH ADDITION (95139). Motion carried, seven
ayes.
6.15 Payment No. 10, East Medicine Lake Boulevard, City Project No. 7006
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-40 REQUEST FOR PAYMENT NO. 10, EAST
MEDICINE LAKE BOULEVARD, CITY PROJECT NO. 7006. Motion carried,
seven ayes.
6.16 Zachary Lane Landscaping Project, City Project No. 5030
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-41 APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS, ZACHARY LANE LANDSCAPING,
CITY PROJECT NO. 5030. Motion carried, seven ayes.
6.17 Assessments for Ford Road/Shelard Parkway Traffic Signal Improvements,
Project 1008
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-42 ADOPTING ASSESSMENTS, FORD
ROAD/SHELARD PARKWAY TRAFFIC SIGNAL IMPROVEMENT, CITY
PROJECT NO. 1008. Motion carried, seven ayes.
6.18 1999 Park Capital Improvements
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-43 APPROVING 1999 PARK CAPITAL
IMPROVEMENTS. Motion carried, seven ayes.
Adopted City Council Minutes
January 19, 1999
Page 5
6.19 Tobacco and Gasoline Service Station Licenses for Vinewood Amoco
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-44 APPROVING 1999 TOBACCO AND GASOLINE
SERVICE STATION LICENSES. Motion carried, seven ayes.
6.20 Adjustment to Firefighter Compensation
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-45 AMENDING 1999 PAY SCHEDULE FOR MEMBERS
OF PLYMOUTH FIRE DEPARTMENT. Motion carried, seven ayes.
7.1 Public Hearing on Kingsview Lane Improvement Project, City Project No. 9002
Public Works Director'Moore presented the staff report on the public improvement
hearing for the Kingsview Lane improvements, Project 9002. The Council previously
directed staff to calculate the maintenance cost which the City would save from a gravel
street to a bituminous street. This maintenance cost would then be given as a credit
against the proposed special assessments to reflect the City's savings in annual
maintenance cost. Staff has calculated annual maintenance cost at $1,800 per year and
the maintenance cost of Kingsview Lane, if it were a bituminous street, at $420 per year
or a net savings of $1,380 per year. This savings has been applied to the 20 -year life of a
bituminous street and spread equally to the 16 properties within Plymouth. This equates
to a savings of $1,725 per lot for the estimated life of a bituminous street before it
requires some form of reconstruction. Reducing this amount by the savings due to
reduced maintenance brings the estimated assessment amount to $7,387 per lot.
Mayor Tierney opened the public improvement hearing on Kingsview Lane
Improvements, Niagara Lane to Gleason Lake Drive.
O. J. Arsts, 14805 Gleason Lake Drive, opposed the improvements.
Joe Grundhauser, 90 Kingsview Lane, representing Paul Angela and himself, opposed the
project. He expressed concerns about the loss of trees.
Mike Charmley, 55 Kingsview Lane, supported the improvements. He said the City will
have continual problems with maintenance until the street is improved and curb and
gutter is installed. He is pleased the estimated assessments have been reduced.
Steve Rutz, 110 Kingsview Lane, said that he previously had concerns about the project
cost, but he supports the project.
Mary Outcalt, 65 Kingsview Lane, said she supports the improvements. She appreciates
the efforts taken to reduce the estimated assessments.
Adopted City Council Minutes
January 19, 1999
Page 6
In response to question by Councilmember Johnson, Director Moore said the street will
be 28 -feet wide, with parking allowed along one side of the roadway. There is no
sidewalk or trail proposed. If parking were prohibited on both sides of the street, the
street could be reduced to a 24 -foot width.
Councilmember Black asked if the 28 -foot width will impact the trees.
Director Moore said the detailed plans are not completed, but there will be minimal
impact on the trees.
Mayor Tierney closed the public hearing.
Motion was made by Councilmember Black, seconded by Councilmember Bildsoe, to
adopt RESOLUTION 99-46 ORDERING IMPROVEMENT AND PREPARATION
OF PLANS AND SPECIFICATIONS, KINGSVIEW LANE IMPROVEMENT
PROJECT, CITY PROJECT NO. 9002.
Councilmember Slavik said that several residents have indicated that the gravel road
creates a hardship due to ice, mud, and water. She believes the project is necessary.
Councilmember Spigner thanked staff for identifying reductions in the estimated
assessments.
Motion carried, seven ayes.
7.2 On -Sale Intoxicating Liquor Application for Howie G's Signature Steak House
City Clerk Ahrens presented the staff report on the application of Howie G's Signature
Steaks of Plymouth LLC for an on -sale intoxicating and Sunday liquor license. The
establishment will be located in the Plymouth Station development.
Mayor Tierney opened the public hearing. No one appeared, and the hearing was closed.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-47 APPROVING ON -SALE INTOXICATING AND
SUNDAY LIQUOR LICENSES FOR HOWIE G'S SIGNATURE STEAKS OF
PLYMOUTH, LLC D/B/A HOWIE G'S SIGNATURE STEAK HOUSE. Motion
carried, seven ayes.
8.05 (6.6) Interim Home Occupation License, Pokorny (98178)
Community Development Director Hurlburt presented the staff report on the request of
Karl and Joyce Pokorny for an Interim Home Occupation License to allow non-resident
employees for an existing landscape business located at 1890 Troy Lane North. The
Planning Commission and staff recommend approval of the request.
Adopted City Council Minutes
January 19, 1999
Page 7
Councilmember Johnson said that several area residents oppose a landscape business in
the neighborhood; however, the only issue before the Council is whether to allow the
business to have employees who will not be working at the site.
Director Hurlburt said the business is a permitted use, as long as it meets the standards for
a home occupation business.
Councilmember Johnson asked if there have been problems with the business not meeting
the standards.
Director Hurlburt responded that a complaint was received last summer, and the
Pokorny's brought the business into compliance. She said that the zoning ordinance
generally allows businesses to be conducted out of residences, but one of the criteria is
that they have no employees. Although the employees may not work at the home, a
permit is required.
Councilmember Spigner asked if decorative rock and other materials can be stored on the
site. She also asked why notification was done only within 200 feet of the site. These are
very large lots and many individuals who share the private road were not notified of the
request.
Director Hurlburt said that exterior storage of materials is prohibited. The Planning
Commission resolution recommends that storage of materials also be prohibited on Tract
B. She said that notice of the request was sent to the eight property owners within 200
feet of the site. The Zoning Ordinance requires the same process for an interim home
occupation as a minor variance. Staff may approve these requests administratively.
Since an objection was received, the issue was forwarded to the Planning Commission for
a public hearing.
Mayor Tierney said that residents' concerns primarily relate to the impact of the business
on the private road.
In response to a question by Councilmember Spigner, Director Hurlburt said that
woodchippers can be used in residential areas, but must comply with the regulations. It
could not be used after 10:00 p.m. and only normal woodchipper operations could occur.
It could not be used on the site as part of a business.
Councilmember Black asked about issues relating to the private road.
Director Hurlburt said the City has no responsibility for the private road. If there are
perceived inequities in how people are contributing to the upkeep of the road, that would
be a private issue for the affected property owners.
Karl Pokorny, 1890 Troy Lane, introduced his attorney, Steve Sondrall.
Adopted City Council Minutes
January 19, 1999
Page 8
Bernie Klein, 1840 Troy Lane, said that she was not notified of the public hearing
because she lives farther than 200 feet from the site. She believes that the applicant
should have spoken with her about the application, and she does not believe a commercial
business should be located in a residential area.
Dick Klein, 1840 Troy Lane, said he cannot see or hear the activity from the Pokorny
site, but he objected to the truck traffic.
Councilmember Slavik requested that speakers address the issue of off -premise
employees.
Mayor Tierney said there is also the issue of general nuisance.
Director Hurlburt stated that if the Council found that the general criteria and restrictions
of a home occupation business were not met, the request could be denied. However, the
main issue is the off -premise employees.
Kendra Garrett, 1615 Troy Lane, said that Pokomy's employees have used the private
road in the summer. Her concern is that the employees will again begin using the road
which has difficult visibility and no means of speed control. She spoke against allowing
employees to travel to the site.
Paul McRoberts, 1810 Troy Lane, said that property should be used in such a way that
the use and enjoyment of others' properties is not injured. He questioned whether Mr.
Pokorny's business has been a legal home occupation for the past ten years, noting that
the ordinance does not allow stockpiling of decorative rock or sod or bringing in loads of
trees. He believes that the three storage buildings, vehicles pulling heavy loads, and pre-
dawn noise alter the residential character of the neighborhood. Mr. McRoberts said the
residents maintain this private road and that places a greater responsibility on the City to
ensure that no damage is done to the road. He said this business has increased during the
past couple of years.
Donna McRoberts, 1810 Troy Lane, said she has seen Mr. Pokorny's employees using
Troy Lane during the day, and they drive too fast for the conditions. She said they would
like to keep traffic to a minimum on Troy Lane, particularly since children walk on this
road going to Imperial Hills Park.
Karl Pokorny, 1890 Troy Lane, said the woodchipper on the site is used only for his own
trees. He sells nothing commercially from the site and uses the woodchips for mulch and
paths in the woods. He said this will remain a part-time and small business even though
he is now retired. His traffic is limited to his pickup, bobcat, trailer and woodchipper.
On occasion, he brings to his property the materials that he is going to use the next day.
These materials are stored indoors. Mr. Pokorny said that employees have come to the
Adopted City Council Minutes
January 19, 1999
Page 9
site in the past, but that will no longer occur. He is also concerned about the speed and
visibility on Troy Lane, but these are issues for the private road committee. Seven
residents on Troy Lane support the request, and no one within 200 feet of his site opposes
the request. He has one storage building which was added last summer through a permit.
The storage building cannot be seen due to the dense trees. There are no semi -trailer
trucks driving to his site. He concluded that Troy Lane has not had any major repairs
near his property, and the company that has maintained the road has indicated that his
equipment will not damage the roadway.
In response to a question by Mayor Tierney, Mr. Pokorny said he has one storage
building on the site that is approximately 25 x 35 feet.
Attorney Steve Sondrall said Mr. Pokorny's storage shed expansion was reviewed and
approved as an accessory building.
Councilmember Slavik asked about Mr. Pokorny's business volume.
Mr. Pokorny said that he does 100 to 150 different landscape jobs in a year. The jobs
vary in size, but the size of the business has been the same for the past 12 years.
Mr. Sondrall said that Mr. Pokorny employs casual laborers who make less than $600 per
year. If Mr. Pokorny were to expand the business, he would move it to a commercial
location.
Councilmember Johnson said that the resolution includes a condition that the employees
cannot go to the property. If equipment is needed at a job site, Mr. Pokorny would have
to drive to pick it up.
Mr. Pokorny said that only he, or his son who also lives at the home, would be retrieving
equipment from the site. He will ensure that employees do not visit the site, but rather go
directly to the job site. He does not have materials delivered to his home.
Dean Ribich, 1525 Troy Lane, said Mr. Pokorny has followed the proper procedures, and
he supported the request.
Dan Arnold, 1755 Troy Lane, said that woodchipping is part of living in this area. He
said that garbage trucks are a real issue because of the weight. He was unaware that Mr.
Pokorny has a storage shed because he has never seen it.
Rudi Marti, 1855 Troy Lane, supported the request. He said he is home during the day
and has never seen large vehicles going to the Pokorny site.
Don Harris, 18545 20``' Avenue North, said he has the best view of the Pokorny property,
yet he cannot see the storage shed. He said that noise is not an issue.
Adopted City Council Minutes
January 19, 1999
Page 10
Motion was made by Councilmember Spigner, seconded by Councilmember Black, to
adopt RESOLUTION 99-48 APPROVING AN INTERIM HOME OCCUPATION
LICENSE FOR KARL AND JOYCE POKORNY, FOR PROPERTY LOCATED
AT 1890 TROY LANE NORTH (98178).
Councilmember Spigner said that she understands the concerns of some of the neighbors,
but she believes that employees stopped coming to the home when Karl learned this was
not allowed as part of the business. If the neighbors continue to have concerns, the
Council can reevaluate the license to add conditions.
Councilmember Slavik said that she has some concerns with the truck traffic and noise;
however, the off-site employees will not impact those issues. She is inclined to approve
the request and review the situation in one year.
Councilmember Harstad said some legitimate concerns have been expressed, but the
neighbors should not assume that all of the issues are caused by Mr. Pokorny.
Motion carried, seven ayes.
Mayor Tierney called a five-minute break.
8.1 Proposed Ordinance Amendments (98183)
Community Development Director Hurlburt presented the staff report on proposed
Zoning Ordinance Amendments (98183). She said the proposed amendments address
both technical and substantive changes. The Planning Commission held a public hearing
on the proposed changes, and no one appeared at the hearing. The Planning Commission
recommended approval of the changes.
Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to
adopt ORDINANCE 99-5 AMENDING THE TEXT OF CHAPTER 21 OF THE
PLYMOUTH CITY CODE, THE PLYMOUTH ZONING ORDINANCE (98183).
Councilmember Spigner suggested that the changes to Section 21022 regarding Public
Notice Signage be stricken. Staff has suggested language stating that failure to place a
sign would not invalidate the proceedings for an application. State law does not require
public notice signs, but the City Council requires the signs to provide additional
notification to residents. She is concerned about the trust that residents have in the City.
When people don't see a sign, they aren't aware of proposed changes. She wants to
ensure that every effort is made to place signs notifying residents of proposed
development.
Director Hurlburt responded that the notification sign is an informational notice,
compared to the legal mailed notice. To her knowledge, there has not been a case where
Adopted City Council Minutes
January 19, 1999
Page 11
a required sign was not installed. The proposed language would parallel language in the
mailed notice section of the ordinance. She has no objection to removing the language.
There is no requirement, other than the local ordinance, that the City place any
development signs.
Motion to amend was made by Councilmember Spigner, seconded by Councilmember
Johnson, to delete the proposed changes to Section 21022. Motion to amend carried:
Johnson, Slavik, Harstad, Spigner, and Tierney ayes; Bildsoe and Black nays.
Main motion as amended carried, seven ayes.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
adopt RESOLUTION 99-49 APPROVING SUMMARY PUBLICATION OF
ORDINANCE 99-05. Motion carried, seven ayes.
8.2 Legislative Initiatives for 1999 Legislative Session
City Manager Johnson said that it has been difficult to schedule a meeting for the City
Council with local legislators. He recommended that the Council adopt legislative
initiatives for the 1999 session that will be communicated to legislators: to eliminate the
HACA penalty for TIF districts to create affordable housing, increase flexibility for local
control of residential speed limits, amend State Board of Equalization rules, repeal sales
tax on City purchases, support City Court legislation, support legislation to allow the
assessment of delinquent false alarm fees for burglar alarms, and support statewide
massage therapist licensing.
Mayor Tierney said that if there is a sales tax rebate, cities should be included.
Councilmember Bildsoe said he intends to meet with legislators at the capitol to discuss
these issues, and he will coordinate this visit with the City Manager so that other
interested Councilmembers can also attend.
Councilmember Johnson suggested that the legislature should also be encouraged to
direct tobacco settlement monies toward youth deterrence through existing initiatives in
cities related to youth asset building and tobacco compliance checks.
Councilmember Harstad stated the Governor has proposed to establish an endowment
from the tobacco settlement to fund research.
Councilmember Black suggested that whether an endowment is created or funds are made
directly available, the City should support the use of funds for existing local programs.
Adopted City Council Minutes
January 19, 1999
Page 12
Motion was made by Councilmember Bildsoe, seconded by Councilmember Spigner, to
adopt RESOLUTION 99-50 APPROVING 1999 CITY OF PLYMOUTH
LEGISLATIVE ISSUES, adding that consideration be given to affording tobacco
settlement proceeds to those local governments that have local programs in place for
tobacco deterrence.
Motion was made by Mayor Tierney, seconded by Councilmember Johnson, to amend
the resolution to add that the City supports an amendment to the State gift law to exempt
minimal items up to $5. This change would address the current difficult situation of
elected officials being unable to attend an open house or ribbon cutting ceremony and
accept a minimal level of hospitality, such as a cup of coffee or a cookie.
Motion to amend carried, seven ayes. Main motion as amended carried, seven ayes.
8.3 Open Meeting Law Issues (Requested by Councilmember Spigner)
Councilmember Spigner said that at the January 5 meeting, the Mayor used
Councilmember Spigner's name in an attempt to explain issues relating to the open
meeting law. She stated that she was not involved in an Open Meeting Law violation.
She said the entire open meeting law incident has been confusing and she wants it to end.
Councilmember Spigner said that besides ensuring that her name is not involved in the
open meeting law allegation, she wants to ensure the public that the action of this Council
is to engage in open government. If anyone perceives that there is wrong -doing, then the
issue should not be referred to a study session, but rather tabled to a regular televised
council meeting. She also recommended that all materials on the open meeting law be
made available to the public upon request, free of charge, and that any materials provided
to the Council and the tape of a study session be available to the public to review free of
charge. She suggested that the Council could also consider televising the study sessions
at a later date. Councilmember Spigner said she does not believe that it was the intent of
any council member to create a feeling of distrust among the community; however, she
believes that is now a reality. She hopes that the Council can rectify any perceptions of
exclusion with the public.
Mayor Tierney said she does not believe her previous comments were inappropriate. She
agrees the issue should be concluded and that the public deserves information. She said
that several times councilmembers have expressed concern about a possible open meeting
law violation; however, a quorum of the Council never worked out agreement on
anything outside of a meeting. She believes that several lessons were learned from this
incident: 1) a perception of an open meeting law violation carries importance; 2) it is
important not to jump too quickly into public pronouncements when full information is
not available because people take accusations very seriously; and 3) when information is
taken to the public, the public has the right to a response.
Adopted City Council Minutes
January 19, 1999
Page 13
Councilmember Johnson corrected a statement attributed to her on Page 4 of the
transcript. She said it was not her purpose in bringing this issue forward to cause anyone
undue alarm.
Councilmember Spigner again stated that she was not in violation of the open meeting
law, and the Council does not believe that a violation occurred.
9.1 Hennepin Park proposal for Eagle Lake Park
Councilmember Black suggested that a study session be scheduled to discuss the
Suburban Hennepin Regional Park District proposal for Eagle Lake Regional Park.
Mayor Tierney noted that the Park District is holding a public meeting on this issue on
January 28.
Councilmember Johnson said that a meeting would be useful because she has received
citizen input on this issue that the Council has not yet seen.
Councilmember Black said that a future public process will come before the Council, but
some residents would like to address the Council about the issue. She has been asked by
a citizen group opposing the golf course portion of the project to bring forward a petition
on their behalf. She believes that the Council should be aware of the general proposal
before she presents a petition opposing the golf course.
Director Hurlburt said that a conditional use permit and site plan approval will be
required by the Council. It is not clear whether an EAW will be mandatory or
discretionary. There may be other considerations, such as a wetland permit.
Mayor Tierney stated that holding a meeting on the subject prior to the Planning
Commission public hearing would not be normal procedure.
Councilmember Bildsoe said he would be reluctant to oppose a project before it went
through the Planning Commission process.
Director Hurlburt said that a formal application has not been submitted. The Park District
is currently conducting public meetings to gain input for the Park Board to determine
whether to do the detailed planning needed to submit a formal application.
Councilmember Spigner supported an informational meeting with the City Council so
that the Council concerns can be incorporated into their application which will eventually
go before the Planning Commission.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
suspend the rules and extend the adjournment time to 10:05 p.m. Motion carried, seven
ayes.
Adopted City Council Minutes
January 19, 1999
Page 14
Councilmember Black explained that she would like to submit a resolution to Hennepin
Parks as part of the public comment period.
Councilmember Bildsoe said he would prefer to voice his opinion through the regular
process and not prior to that time.
Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to
suspend the rules and extend the adjournment time to 10:10 p.m. Motion carried, seven
ayes.
Councilmember Spigner said it is a good idea to have some dialogue with Hennepin
Parks prior to submission of their formal application.
Motion was made by Councilmember Black, seconded by Councilmember Johnson, to
schedule a special council meeting for 5:30 p.m. on February 16 to meet with Hennepin
Parks regarding the Eagle Lake Park proposal. Motion carried, seven ayes.
9.2 Congressional Cities Conference; Presentation at West Lutheran High School
Mayor Tierney said the Congressional Cities Conference will be held the first weekend in
MMarch, and she encouraged a councilmember to attend.
Mayor Tierney stated she will be unable to attend an upcoming presentation at West
Lutheran High School. Councilmember Johnson offered to attend this event on behalf of
the Council.
Motion was made by Councilmember Black, seconded by Councilmember Spigner, to
adjourn the meeting at 10:08 p.m. Motion carried, seven ayes.
i Clerk