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HomeMy WebLinkAboutCity Council Minutes 12-09-1998 SpecialAdopted Minutes Special Council Meeting December 9, 1998 A special meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Public Safety Training Room, 3400 Plymouth Blvd., on December 9, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Bildsoe, Johnson, and Spigner. Councilmember Preus arrived at 7:20 p.m. and left at 8:40 p.m. Councilmember Black arrived at 7:25 p.m. Councilmember Wold left at 8:40 p.m. Councilmembers elect Harstad and Slavik. STAFF PRESENT: City Manager Johnson, Assistant 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. Policy on Board and Commission Term Limits and Attendance Records Assistant City Manager Lueckert described the Council's policy regarding Board and Commission term limits, as well as attendance records for each Commission. Mayor Tierney explained that the Council has previously reappointed residents in excess of the two term limit policy when seniority on a commission has been diminished. Councilmember Bildsoe stated that Mr. Stulberg has served on the Planning Commission for 18 years but has indicated that he would like to serve one more year in order to complete the work on Northwest Plymouth. Councilmember Wold said that professional individuals are typically appointed to the City's boards and commissions. He believes that any board or commission member would be capable of serving as Chairperson and seniority should not be a serious concern. Manager Johnson reported that Kim Koehnen has submitted her resignation from the Planning Commission. Mayor Tierney requested that a call be made to a Planning Commission member who has not met the attendance requirement. Adopted City Council Minutes December 9, 1998 Page 2 Council Coordinating Representatives and Deputy Mayor Appointment Mayor Tierney suggested that a Council Coordinating Representative be appointed in 1999 for the Public Safety Advisory Board, Plymouth Business Council, and the Youth Advisory Council. City Beautification Park Director Blank presented a report on City beautification projects and programs. Mayor Tierney said that further beautification efforts can be discussed during the Council goals and objectives. Director Hurlburt reported that the City Center streetscape proposal will be presented in early 1999. Councilmember Johnson asked if any beautification efforts are proposed along Highway 55. Public Works Director Moore responded that due to State safety standards, there are not many opportunities to do plantings in the Highway 55 corridor. Council Seating Mayor Tierney asked if there any requests to change the Council seating for City Council meetings. Scott Harstad said he prefers to be seated at the end of the dais for physical reasons. Councilmember Johnson said that the Council did not consider changing the seating arrangement when she joined the Council two years ago. Councilmember Johnson and Councilmember elect Slavik indicated a preference for the current seating arrangement. Councilmember Spigner, Councilmember Bildsoe and Councilmember elect Harstad supported a revised arrangement with the at large positions on the ends of the dais. Councilmember Spigner noted that the request to change the seating arrangement has been made for medical reasons, and she believes the request should be honored. Mayor Tierney announced that the City Council seating arrangement would be placed on the agenda for the first January meeting. Open Meeting Law City Attorney Knutson presented information on the Open Meeting Law. He explained the three types of meetings (regular, special, and emergency) and the allowable reasons for closed meetings. He explained the penalties for violation of the Open Meeting Law Adopted City Council Minutes December 9, 1998 Page 3 and cautioned the Council on serial meetings held in person or via e-mail or telephone. He said that writing a letter to the editor or sending a "burst" voice mail to all councilmembers is not a violation because there is no interaction between the members. Attorney Knutson answered a number of questions on the Open Meeting Law. He said that questionable violations with no interaction can be defended, but the conservative and safe approach is to avoid the situations. Manager Johnson said the City has Open Meeting Law Defense Coverage. The coverage reimburses elected and appointed officials for 100 percent of the defense cost incurred by individual officials in defending Open Meeting Law lawsuits but will not cover the fine for an intentional violation. Councilmember Johnson suggested that it is good practice for Councilmembers to track which other councilmembers they speak with on an issue so that four members do not discuss the same issue. She said that debate and decision-making should occur at the council meetings. Councilmember Black asked about a situation where a constituent informs her of the views of other councilmembers on an issue. Attorney Knutson advised not to discuss the issue with the resident in this situation. Councilmember Preus posed a scenario where three councilmembers decide to vote together on any issue, then one of the councilmembers discusses the issue with a fourth councilmember but makes no mention that it has been discussed with the others. He asked if the fourth member has violated the open meeting law. Attorney Knutson said it could be labeled an unintentional violation. He noted that open meeting law claims often accompany another issue. Councilmember Preus asked about a scenario where he and one other member discuss an upcoming agenda item and then each of the members discusses the issue with another member. He said that four individuals have discussed the general issue but not all four know what the others have said. Attorney Knutson advised that this may not be a violation of the law, but it is perilously close. He answered questions about intentional and unintentional violations. He stated that meetings of less than a quorum could be a violation if held to fashion an agreement; however, no one has ever been found guilty of that. Manager Johnson said that the Open Meeting Law applies to all standing committees of the Council. Attorney Knutson added that ad hoc meetings are not covered according to one court decision. Adopted City Council Minutes December 9, 1998 Page 4 Mayor Tierney said this issue was added to this agenda because of Councilmember Johnson's comments at the last council meeting pertaining to a particular issue on the agenda. Councilmember Wold asked if the Council is ever going to learn what the situation was. Councilmember Johnson said her concern was a serial phone call situation with perhaps five councilmembers involved. She notified the City Manager of her concerns so that he could notify the entire Council of the concern. She also spoke with the City Attorney. Councilmember Bildsoe said that he has been surprised how little interaction councilmembers have outside of council meetings. He was part of the serial conversation referenced by Councilmember Johnson, and the City Attorney's comments tonight confirmed for him that it was not a violation of the open meeting law based on the context of the conversation. Councilmember Spigner said that she feels this Council has paranoia about the open meeting law issue. She believes this City Council has a poor history of studying issues prior to debate. Councilmember Preus disagreed. He believes the former Council was better at individually studying issues, and this City Council tends to want to study issues more as a group. He said that when former Councilmember Lymangood talked with another councilmember about items on the agenda, he began with, "Have you talked with anyone else about this item on the agenda?" Councilmember Spigner said that there needs to be a way for the City Council to study issues prior to the decision-making process. Councilmember-elect Slavik asked about a scenario where four or more members of the Council attend a Planning Commission meeting. Attorney Knutson advised that the safest course is to notify staff so the meeting is noticed for Council quorum attendance. If councilmembers arrive at a meeting and then discover it, he recommended that the councilmembers sit apart. Councilmember Johnson said that the developers and neighbors count on the Council to debate and decide issues. She agreed that more study sessions would be beneficial. Councilmembers Preus and Wold left the meeting at 8:40 p.m. Adopted City Council Minutes December 9, 1998 Page 5 Plymouth Ponds Compliance Issues Councilmember Black said that residents living near the Plymouth Ponds development do not feel they were heard with regard to various issues related to this development. The largest issue was the changing of the site from a planned unit development to the I-1 Zoning District. She said that residents were correct in stating at a previous meeting that the information on violations relating to the project were relevant to the history of the project and this information should have been provided to the City Council in subsequent staff reports. She suggested that staff be careful about the way things are worded in staff reports to avoid bringing emotion to issues. She said that residents may not always receive the Planning Commission minutes, and therefore are unaware of changes recommended by the Planning Commission. Director Hurlburt said that all available minutes are included in the staff report. The staff report on every issue is available to residents on Friday afternoon prior to the Wednesday meeting, which is when the packet is distributed to the City Council. She said that staff has not received information that any of the mandatory conditions in Resolution 95-362 were violated. The condition on the maximum number of loading docks only applied to Buildings 1 and 2. She said there are less allowable uses in the I-1 District than were previously allowed under the former PUD. When the new zoning ordinance was adopted, there was a tradeoff. Councilmember Black said an issue that is under emphasized to residents is that property owners have the legal right to request changes at any time, and these requests may or may not be granted by the City Council. She believes that residents have the belief that once action is taken by the City Council, it is final and changes will not occur. Director Hurlburt said that residents may feel there is a moral commitment to conditions on a project even if there is a legal right to request changes in the future. If the Council puts a condition in a PUD approval, it cannot be guaranteed forever. The City Council or a future City Council can make changes. However, staff does not want to undermine the Council's action by indicating that some of the conditions may be changed or some conditions may not be enforceable. Councilmember Spigner said that communication is key. Residents tend to leave a Council meeting with the perception that the action is final and that is not always the case. She believes the City needs to be clear with residents that things can change in the future. She believes that a lot of the problems with the Moen Leuer development process has been misinterpretation which could have been avoided with better communication. Councilmember Johnson said that staff handles the mechanics of planning applications very well, but when residents don't understand the process or have misinterpretations, Adopted City Council Minutes December 9, 1998 Page 6 they lose trust. She said that continued efforts need to be made with regard to communications. Director Hurlburt stated that notices were mailed to residents within 750 feet of the Moen Leuer development when the planned unit development amendment was submitted. An additional notice was sent regarding the public hearing, and no one came to the meeting. Councilmember Spigner said the neighbors were tired of not being heard so they avoided all of the intermediate steps and went directly to the City Council. Director Hurlburt said it is certainly the residents right to do that, but there was little the staff or Planning Commission could have done differently on the amendment application since the residents chose not to participate in the process. It appeared that there was no opposition to the request. Councilmember elect Slavik stated that the residents don't understand the effects of the zoning changes, and the changes are perceived as broken promises. Councilmember Bildsoe said that one thing that has hindered the City is the lack of staff to do compliance checks. If it is the Council's intent to follow through with compliance issues, then the Council needs to make that a priority for the Community Development department by committing adequate time and money for enforcement. Manager Johnson said that Councilmember Wold previously directed staff to prepare a report on code enforcement issues. He believes this is a budget issue and should be considered with the Council goals and objectives. He suggested that if the residents near Plymouth Ponds are interested, and the owners want to cooperate, the staff could assist with an application to revert the site from the I-1 zoning district to a planned unit development. Mr. Leuer represented Moen Leuer. He is unaware of unresolved compliance issues relating to this development. He would support a change to a planned unit development in order to have a large distribution center on the site. Councilmember Black opposed this use on the site. She stated that some of the conditions under the original planned unit development were lost, but the abutting residents gained protection through the rezoning to an I-1 district on the type of uses that could be constructed on the site. A large distribution center would not be allowed under the current zoning classification. She believes that residents feel they aren't being heard because requests for changes are subsequently made by applicants after the City Council has taken action. She said this is a responsibility of staff and the Council to communicate to residents that requests for changes can be made. Adopted City Council Minutes December 9, 1998 Page 7 Mayor Tierney said she had spoken with Greg Katchmark regarding the storage of trucks at other businesses in the community. She would like to find a way to draw a distinction between the normal storage of trucks and loading of trucks. Director Hurlburt stated that staff enforces truck storage/loading on a complaint basis. Manager Johnson said that changes are being made on what information and recommendations will be included in staff reports to the Planning Commission. Kelli Slavik asked why area residents have had to police the requirements relating to the Moen Leuer development. She read the chronology of enforcement on the site and said that once a complaint is received, it is several weeks before anything is accomplished. She would like the City to do tougher enforcement. Manager Johnson explained that City employees have to observe a violation if prosecution is going to be brought. Very few citizens want to bring the prosecution forward. Staff needs to prove a violation beyond a reasonable doubt because it is a criminal violation. Councilmember Spigner said that implementation of city court may expedite the enforcement process. She also believes the City's policies on complaints and prosecutions need to be changed, as well as adding enforcement staff. Councilmember Bildsoe said that violations are investigated by staff on a complaint basis. However, once a violation is confirmed it is difficult to get court action on nuisance issues because the courts consider it a neighborhood issue. Councilmember Spigner agreed that courts tend to move toward a mediation role rather than a prosecution role when considering nuisance violations and similar neighborhood issues. In response to a question by Councilmember elect Slavik, Director Hurlburt said that the Moen Leuer development is currently being checked for compliance by staff on a weekly basis to ensure compliance. Activity Center/Field House Plans Park Director Blank introduced Del Erickson, architect on the Activity Center/Field House project. Director Blank showed the preliminary plans and noted there are wetlands in the northwest portion of the site. All of the water running from the hard surfaces on the site will be handled in a two-tiered cell system, and this holding pond water will be used for the irrigation system on the site. There is one area of less than 1,000 square feet where the wetlands would be filled. He said a national permit is required for this filling, but no local approval is necessary. Director Blank explained the landscaping proposed Adopted City Council Minutes December 9, 1998 Page 8 for the site. He said the hybrid garden areas are outside of the project budget and are not being designed at this time. It is anticipated that the gardens would be budgeted for completion in mid 2000 and would be a community project. He said that 304 parking spaces are proposed to be included in the base bid, with another 36 spaces under an alternate bid. Ultimately, 418 parking spaces could be constructed on the site. Councilmember Black asked how much impervious surface is on the site. She would prefer to stay within 25 percent impervious coverage. Mr. Erickson estimated there would be about 27 percent impervious coverage with 418 parking spaces on the site. Councilmember elect Harstad said that additional parking areas would result in increased maintenance and lighting costs. He asked about the wooded area adjacent to the site which is indicated on the plans for frisbee golf. Director Blank said that frisbee golf already exists and would likely be relocated on this site. Erosion issues near the frisbee area need to be addressed. He stated about 27 percent of the significant trees on the site will be removed and hundreds of trees will be replanted on the site. He described the building plans and proposed bid package. School District 284 is interested in preserving the possibility of building a compatible building on the site in the future. He explained the field house plans and showed pictures of other domes. Manager Johnson said the color of the dome could vary from very white to gray; however, there will be impacts on interior lighting. In response to a question from Councilmember Spigner, Mr. Erickson said there is a shared elevator for the field house and the activity center. City Council Meeting Schedule Discussion was held on a regular meeting schedule for 1999. It was decided that the regular meetings in 1999 will be scheduled for the first and third Tuesdays, with the second Tuesdays held open for study sessions to be called as needed. Council Seating Additional discussion was held on the City Council seating arrangement at the dais. Staff was directed to establish a seating arrangement of (left to right facing the dais) at large Johnson), Ward 1, Ward 2, City Attorney, Mayor, City Manager, Ward 3, Ward 4, at large (Harstad). The meeting was adjourned at 10:40 p.m. Adopted City Council Minutes December 9, 1998 Page 9 421- City erk