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