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HomeMy WebLinkAboutCity Council Minutes 04-02-1997MINUTES REGULAR COUNCIL MEETING APRIL 2,1997 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of City Center, 3400 Plymouth Blvd., on April 2, 1997. COUNCIL PRESENT: Mayor Tierney; Councilmembers Bildsoe, Wold, Johnson, and Spigner. ABSENT: Councilmembers Preus and Black. 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. Item 3 Plymouth Forum No one appeared for the Forum. Item 4-A Fine Arts Festival Residents were invited to participate in the Spring Celebration of Fine Art and Artists -- "Primavera" on April 4 and 5 at Plymouth City Hall. Item 4-B Board of Review City Manager Johnson announced that property valuation notices were recently mailed, and the Board of Review meeting will be held on April 9. Residents were invited to attend the meeting if they wish to question or object to the assessed value of their property. Item 4-C Saundra Spigner Councilmember Spigner thanked the City Council, Mayor, staff, and constituents for recognizing the recent death of her father through their expressions of care and concern. Item 5 Approve Agenda Mayor Tierney requested the addition of Item 9-B, Resignation of Paul Liebman from the Environmental Quality Committee, and Item 9-C, Plymouth Senior Citizens Club Anniversary Party on April 21. City Manager Johnson noted that a revised resolution has been distributed for Item 6-G which includes an encroachment agreement. Additional information was also distributed on Items 6-I and 7-C. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to approve the agenda with the additions and amendments noted. Motion carried, five ayes. Regular Council Meeting April 2, 1997 Page 2 Item 6 Consent Agenda Items 6-F, 6-1-1, 6-I, 6-T, and 6-U were removed from the Consent Agenda. A correction was made to the vote on Page 24 of the March 5 minutes, and the item remained on the Consent Agenda. Motion was made by Councilmember Bildsoe, seconded by Councilmember Wold, to adopt the Consent Agenda as amended. Motion carried, five ayes. Item 6-A Approve Minutes Motion was made by Councilmember Preus, seconded by Councilmember Wold, to approve the minutes of the March 5 regular meeting. Motion carried, five ayes. Item 6-B Approve Disbursements Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-184 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MARCH 21,1997. Motion carried, five ayes. Item 6-C Centex Homes. Final Plat for Conor Meadows Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-185 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR CENTEX HOMES FOR PROPERTY LOCATED NORTHEAST OF PEONY LANE AND THE SOO LINE RAILROAD (96113—F). Motion carried, five ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-186 ADOPTING ASSESSMENTS, CITY PROJECT NO. 7008, SANITARY SEWER AND WATERMAIN AREA, CONOR MEADOWS. Motion carried, five ayes. Item 6-D City Property and Liability Insurance Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-187 AWARDING THE CONTRACT FOR INSURANCE FOR THE 1997/1998 INSURANCE PROGRAM. Motion carried, five ayes. Item 6-E Ice Center Change Orders Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-188 APPROVING CHANGE ORDERS ON PLYMOUTH ICE CENTER PROJECT NO. 541. Motion carried, five ayes. Regular Council Meeting April 2, 1997 Page 3 Item 6-G Ryan Companies. Variance for Value Rx Sign (97007) Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-189 APPROVING VARIANCE REQUEST FOR RYAN COMPANIES FOR PROPERTY LOCATED AT 4700 NATHAN LANE NORTH (97007). Motion carried, five ayes. Item 6-J Extension of Moratorium on Outdoor Advertising Signs Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt ORDINANCE 97-1 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW ADVERTISING SIGNS. Motion carried, five ayes. Item 6-K Municipal Legislative Commission Dues Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-190 APPROVING 1997 MEMBERSHIP DUES IN THE MUNICIPAL LEGISLATIVE COMMISSION. Motion carried, five ayes. Item 6-L Commission Appointments Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-191 APPOINTMENT TO THE PLYMOUTH HUMAN RIGHTS COMMISSION. Motion carried, five ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-192 APPOINTMENT TO THE WAYZATA CHEMICAL HEALTH COMMISSION. Motion carried, five ayes. Item 6-M Reduction in Required Financial Guarantee Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-193 REDUCING REQUIRED FINANCIAL GUARANTEE, THE COURTS OF NANTERRE (96023). Motion carried, five ayes. Item 6-N Change Order No. 3, City Project No. 502 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-194 APPROVING CHANGE ORDER NO. 3, PEONY LANE — STREET AND BRIDGE IMPROVEMENTS, CITY PROJECT NO. 502. Motion carried, five ayes. Regular Council Meeting April 2, 1997 Page 4 Item 6-0 1997 STREET RECONSTRUCTION PROJECT NO. 7001 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-195 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1997 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7001. Motion carried, five ayes. Item 6-P Preliminary Engineering Report, City Project No. 7002 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-196 RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS, CIMARRON EAST STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 7002. Motion carried, five ayes. Item 6-Q Set Hearing on Vacation of Easements Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-197 ORDERING PUBLIC HEARING ON THE VACATION OF A PART OF A DRAINAGE AND UTILITY EASEMENT AND DRAINAGE EASEMENT FOR PONDING PURPOSES, LOT 2, BLOCK 1— PLYMOUTH OAKS. Motion carried, five ayes. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-198 ORDERING PUBLIC HEARING ON THE VACATION OF THE POND EASEMENT GRANTED TO THE CITY PURSUANT TO PARAGRAPH EIGHT OF THAT CERTAIN DECLARATION OF EASEMENT AND REAL COVENANTS DATED FEBRUARY 15,1995 CONTAINED WITHIN OUTLOT A, CARLSON CENTER 12TH ADDITION. Motion carried, five ayes. Item 6-R Proclamation for the Day of Remembrance of Holocaust Victims Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-199 PROCLAIMING YOM HASHOAH, THE DAY OF REMEMBRANCE, IN THE CITY OF PLYMOUTH ON MAY 4,1997. Motion carried, five ayes. Item 6-S Renewal of Consumption and Display Licenses Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-200 APPROVAL OF CONSUMPTION AND DISPLAY LICENSE. Motion carried, five ayes. Regular Council Meeting April 2, 1997 Page 5 Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt RESOLUTION 97-201 APPROVING CONSUMPTION AND DISPLAY LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB. Motion carried, five ayes. Item 7-A Off -Sale 3.2 Liquor License for Sidco Food Company L.L.C. City Clerk Ahrens presented the staff report on the application of Sidco Food Company, L.L.C., doing business as Holiday Foods, for an off -sale 3.2 malt liquor license at 4445 Nathan Lane. Mayor Tierney opened the public hearing at 7:17 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Johnson, seconded by Councilmember Spigner, to adopt RESOLUTION 97-202 APPROVING OFF -SALE 3.2 LIQUOR LICENSE FOR SIDCO FOOD COMPANY L.L.C. D/B/A HOLIDAY FOODS, 4445 NATHAN LANE. In response to a question by Councilmember Bildsoe, Public Safety Director Gerdes said the applicant passed a recent liquor sales compliance check. Motion carried, five ayes. Item 7-B Vacation of Utility Easement in Conors Meadows Addition Public Works Director Moore presented the staff report on the proposed vacation of a utility easement in Conors Meadows Addition. Mayor Tierney opened the public hearing at 7:20 p.m. No one appeared, and the hearing was closed. Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-203 AUTHORIZING THE VACATION OF A PERPETUAL EASEMENT FOR UTILITY PURPOSES, PIN 07-118-22-41-0002, AND RESOLUTION 97-204 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 97-203 VACATING A PERPETUAL EASEMENT FOR UTILITY PURPOSES WITHIN PIN 07-118-22-41-0002. Motion carried, five ayes. Item 7-C Include Trail in Ridgemount Avenue Street Reconstruction, Project 7004 City Manager Johnson said that the City Council previously directed that a public hearing be held on whether to include a trail in the Ridgemount Avenue Street Reconstruction project. Residents reviewed the proposed plans at an open house on March 31. Residents believe it is excessive to construct an 8 foot trail in addition to the two, 4 foot bike lanes on the roadway. Some Regular Council Meeting April 2, 1997 Page 6 residents suggested a sidewalk set back from the curb to retain green space, while others preferred no trail. Manager Johnson said the prime consideration in the trail design is to enhance safety. A sidewalk set back several feet from the curb would be safer and would provide a buffer from the mailboxes. Therefore, the staff s revised recommendation is to include in the reconstruction project a five foot sidewalk on the Plymouth side of Ridgemount Avenue, except near the schools where six foot trails would be constructed. The three foot strip behind the curb would contain grass, and the City will provide maintenance and snow removal for this area in the future. A revised resolution was distributed. Councilmember Bildsoe asked about the sidewalk material. Manager Johnson responded that the entire sidewalk would be concrete. Councilmember Wold noted that this reconstruction is a joint project with the City of Minnetonka. He asked if Minnetonka will accept a sidewalk, rather than the trail originally proposed. City Manager Johnson said that Minnetonka has indicated the proposal is acceptable. Councilmember Johnson noted that the staff report indicates that the City of Minnetonka would not want to proceed with the reconstruction unless some type of trail is installed. Director Moore said that the need for a walking path is one of the major reasons the City of Minnetonka is doing the reconstruction, and it is unlikely that they would proceed with the project unless a path is included. Councilmember Spigner thanked the Ridgemount Avenue residents for working with the City on this issue. Mayor Tierney opened the public hearing at 7:30 p.m. Lynette Neus, 12620 Ridgemount Avenue, spoke against an 8 foot trail. The revised resolution is more acceptable. Marj Eckers, 12440 Ridgemount Avenue, thanked the Council and staff for considering trail alternatives and for keeping residents informed on the project. She supports the revised resolution; and favors the inclusion of curb and gutter in the project, the retention of mailboxes and retaining walls in their current locations, the retention of four foot bike paths on both sides of the street, the protection of trees, and the retention of the 45 mph speed limit. She would prefer no trail, but supports the proposed plan as a compromise. Ms. Eckers asked that the City consider installation of boulevard trees. Regular Council Meeting April 2, 1997 Page 7 Eleanor Hoaglund, 11510 Ridgemount Avenue, stated her opposition to the sidewalk because the existing bike trails are adequate. Marilyn Graczyk, 11420 Ridgemount Avenue, said that she and her husband are in favor of the street reconstruction. She supports the revised resolution. Steve Hoops, 12440 Ridgemount Avenue, stated his opposition to a trail. However, if a trail goes forward, he would support the amended resolution. Mr. Hoops said that he previously walked to the park and ride lot on Highway 12 when there was no marked bike lane on Ridgemount Avenue and traffic was not a problem. Lora Liimatta, 11220 Ridgemount Avenue, agreed that the revised resolution for a narrower trail is a good compromise solution. She said that she received inadequate notice of the project and was initially informed that the project was initiated due to a watermain problem in Minnetonka. Curtis Kunkel, 12530 Ridgemount Avenue, stated he appreciates the Council considering resident concerns. Bill Hartman, 12630 Ridgemount Avenue, said that the revised resolution addresses his concerns. Jim Neus, 12620 Ridgemount Avenue, thanked Councilmember Spigner for the time she spent discussing concerns on this issue with residents. Mayor Tierney closed the public hearing at 7:43 p.m. Mayor Tierney said that the Street Reconstruction Assessment Subcommittee will consider the issue of residents receiving adequate notice of reconstruction projects. She asked Public Works Director Moore to address the project coordination with Minnetonka. Director Moore said the Ridgemount Avenue reconstruction was planned as a joint Minnetonka/Plymouth project, following receipt of petitions in 1992 and 1993 requesting improvements. Councilmember Wold said it would have been beneficial for the Minnetonka and Plymouth city councils to have discussed issues relating to this proposed project. The next time that an issue arises with an adjacent community, he would like to conduct a joint meeting with the appropriate city officials. In response to questions by Mayor Tierney, Park Director Blank showed the adopted Trail System Master Plan. He explained the connections that are Regular Council Meeting April 2, 1997 Page 8 proposed within the next two years. An off-road trail will be considered on County Road 73 when it is upgraded. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt revised RESOLUTION 97-205 PEDESTRIAN/ BICYCLE PATH IMPROVEMENTS, RIDGEMOUNT AVENUE, CITY PROJECT 7004. Councilmember Johnson commended Councilmember Spigner for working with residents. She believes that staff did a good job of developing alternatives and that this issue shows the City Council is working hard to listen to residents. Motion carried, five ayes. Item 8-A (6-I) JEM Properties. Lot Division (96165) Councilmember Wold said that this is a request from JEM Properties for a lot division at 18520 County Road 6. The developer needs to get access for the proposed new lot from an existing driveway, and neighbors on both sides of the property are opposed to sharing of their driveway. He asked what would be accomplished by Council approval of the lot division request, given the fact that abutting residents have indicated they will not authorize access via their driveways. Community Development Director Hurlburt distributed additional information on this item, including an alternate denial resolution and a letter from an adjoining property owner opposing the request. She said that there is an existing home on the property and one additional lot would be created. Access to the new parcel is a key issue. The City's Comprehensive Plan and the County's policies would prohibit a new driveway directly onto County Road 6. The proposed resolution approving the request includes a condition that the lot division could not be recorded until an access easement is secured from an adjoining property owner. However, there may be an issue of whether a right of access already exists as there is an existing driveway easement across the property to the east. There is some question as to whether this existing easement could be used for the new parcel, and this is an issue in which the City does not wish to become involved. Staff recommends approval of the lot division with a condition that "prior to filing of the lot division with Hennepin County, the applicant shall submit approved access easement documents indicating proof of permanent access to the site without creating any new driveways onto County Road 6." Councilmember Johnson stated that the resident to the west of the subject parcel is concerned about additional water runoff that the new parcel may create. Regular Council Meeting April 2, 1997 Page 9 Community Development Director Hurlburt responded that the applicant would have to demonstrate that the drainage patterns would be maintained. The letters received from neighbors were the first indication that a drainage problem exists. Councilmember Spigner asked for clarification on the reason for the staff recommendation for approval of the lot division. Director Hurlburt said that staff believes it would be an appropriate plan if easement access can be proven by the applicant. The proposal meets all City requirements with the possible exception of the access. Mayor Tierney asked if the approval would be void if the applicant failed to prove the easement access in a certain amount of time. Director Hurlburt said there is no set time in which the applicant must prove the easement right, but the lot division could not be recorded until the easement is proven. Councilmember Johnson asked for clarification of the proposed condition which states that Hennepin County strongly discourages any new driveways on County Road 6 for safety reasons. She asked if the applicant could still obtain access for the new lot through a new driveway onto County Road 6, rather than through an easement on an existing driveway. Community Development Director Hurlburt doubted that the County would deny access to property where there was no viable alternative access. However, this is not a case where the City or County would be required to allow a new driveway. Director Moore added that if the City should allow creation of the new parcel without a specification on the driveway access through a condition in the approving resolution, then the County would have to grant a driveway access for the new parcel from County Road 6. Attorney Knutson advised that the City is not in a position to decide who has rights to the driveways for access purposes. That is a civil matter that should be resolved between the parties with ownership interests in the properties. Councilmember Wold asked if denial of the request is a legitimate action. Attorney Knutson responded that the Council could deny the request if they find that it has not been demonstrated that access can be provided without creating a new driveway onto County Road 6, which would be inconsistent with the Comprehensive Plan. Regular Council Meeting April 2, 1997 Page 10 Community Development Director Hurlburt said that if the Council denies the lot division request on this basis, the applicant could make the same request in the future if they can resolve the access issue. Ken Zigrino, attorney representing JEM Properties, said the question to be considered is whether the existing easement would allow access not only to the entire parcel as a single parcel, but to the subdivided parcel. An easement was granted to the subject parcel in 1991. The existing owner's driveway was granted in fee to the new owner solely so they could have the proper lot width. That existing driveway serves the subject parcel. The language in the easement document reads "the easement hereby granted and created and the provisions hereof shall run with the land and be binding upon the successors... and all present and future owners, occupiers, and encumbrancers of each and every part of this parcel." Mr. Zigrino believes that this language indicates that the original existing easement is sufficient to serve the new parcel. He noted that there are no restrictions in the easement saying this is a one residence parcel. Mr. Zigrino said that Minnesota law provides that if an easement is clear on its face, then the circumstances at the time do not matter. He said the subdivision meets the City's requirements, and the only question is whether the easement language is inclusive enough. Mark Stipakov, 18520 County Road 6, said that his intent when purchasing this parcel was to subdivide it. It is a desirable lot with gentle sloping yard to the lake. He said that the abutting property owner to the west has indicated that he may also wish to subdivide his property. He said that using the existing driveway easement is the only alternative for providing access to the new lot. Greg Hahn, 18500 County Road 6, showed pictures of the area and said that the driveway issue is a concern. When he purchased his property from Marshall Masko, Mr. Masko's intention was to add another lot and driveway to County Road 6 but the Council denied that request. In 1991 the Council approved only a two lot subdivision -- not three lots. Mr. Hahn stated there is no flat ground on the proposed new parcel area. He requested that Councilmembers view the site before making a decision. Trees would be replaced with hard surface which will accentuate the water runoff problem. He also has concerns with grass removal, tree canopy loss, and the effect on the lake. Mr. Hahn said the original intent of the easement was to provide access to the parcel for the occupant. The language in the easement does not imply that the lot would be split again. He requested that the Council deny the request. Motion was made by Councilmember Wold, seconded by Councilmember Johnson, to deny the request of JEM Properties for Lot Division for property located at 18520 County Road 6. Regular Council Meeting April 2, 1997 Page 11 Councilmember Wold said that there should be cooperation between neighbors. If the City votes to approve the lot division request, the City is encouraging the neighbors to argue the easement issue in court. He noted that residents on both sides of the parcel are opposed to the request. Councilmember Spigner stated that the Council operates under ordinances and regulations. Staff has indicated that this lot division request meets the City's regulations with respect to the division. There may or may not be an existing easement for access to the new lot. The Council should not make that determination; it should be made by a Court. She believes that if the application meets all requirements, with the possible exception of the easement issue, then the Council should approve the request. Attorney Knutson said that some sort of legal action will likely proceed on this item to clarify property rights regardless of which resolution the Council adopts. City Manager Johnson reminded the Council that this item requires four votes for approval. The review deadline on the request expires May 17. Mayor Tierney said she will not support denial of the application. Councilmember Johnson asked if further research should be done with regard to the drainage issues. She referenced the drainage issues recently discussed relating to the Cavanaugh Addition. Public Works Director Moore clarified that the Cavanaugh discussion related to drainage patterns being changed following construction of streets. The impact in this situation would be from a private owner building one home. He said that the contour map shows no ravine on the site, and Tract A also drains across the parcel. The total parcel is 1 % acres. Dale Ludwig, 18540 County Road 6, said he is the abutting neighbor to the west. He expressed concern about the loss of trees and grass that currently slows the water runoff. An added house and driveway will result in increased water runoff. He said that City officials have not visited the site to understand the slope of the properties. Community Development Director Hurlburt reported that staff has visited the site. Based on that review, staff does not believe there is a drainage issue that will impact the adjacent properties. However, staff was not made aware of existing drainage concerns until letters from the neighbors were received. Regular Council Meeting April 2, 1997 Page 12 In response to a question from Mayor Tierney, Director Hurlburt said that if the Council believes there would be adverse impacts on the neighborhood related to drainage, then it should be considered with the lot division request. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to table the issue until the next regular Council meeting. Motion carried, five ayes. Councilmember Wold said this postponement will give Councilmembers an opportunity to visit the site. Item 8-B (6-T) Approve Bond Counsel Councilmember Johnson said that she appreciates the staff recommendation on the appointment of bond counsel but believes that this issue should have the attention of the full Council. A representative of one firm has requested that this item be delayed until they can address the full Council. Motion was made by Councilmember Johnson, seconded by Councilmember Wold, to table the selection of bond counsel to April 16. Cathryn Courtney, represented Best and Flanagan, the City's current bond counsel. She was disappointed to learn of staff's recommendation to appoint a new bond counsel for the City and requested deferral of the discussion for full Council consideration. City Manager Johnson said that a staff committee reviewed proposals and interviewed four firms for bond counsel services. The committee considered who may best meet Plymouth's needs in the future. Motion to table carried, five ayes. Item 8-C (6-F) Work Plan for 1997-1998 Council Goals and Priorities Councilmember Bildsoe said he supports adoption of the proposed 1997-1998 Council Goals and Work Plan, but would like to table the proposed visioning process until the full Council is present. He would like the Council to reconsider how the long-term goal setting should be done, and he would like Councilmember Preus' input on the issue. Mayor Tierney said that she intends to meet with a possible facilitator, and Councilmember Johnson has also received information on long-term goal setting at the Newly Elected Officials Conference. Mayor Tierney suggested that the Council work with a consultant in 1998 to develop long-term visioning for the community. Regular Council Meeting April 2, 1997 Page 13 Councilmember Bildsoe said that waiting until 1998 may be too long, but he also would not want to start a process that would be amended later. He would like more Council discussion on the issue before the process begins. Councilmember Johnson said she would also like to meet with the possible facilitator. Mayor Tierney suggested that a study session could be held to discuss a visioning process. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adopt RESOLUTION 97-206 APPROVING THE 1997-1998 CITY COUNCIL GOALS AND WORK PLAN. Motion carried, five ayes. Councilmember Spigner favored discussion of visioning at a study session, but said she is concerned with the Mayor or a Councilmember meeting with a potential consultant until Council direction is obtained at a study session. She would like to be noticed of any such proposed meetings with consultants. Mayor Tierney said the meeting with a consultant could relate to things of the past, not only a visioning process. Motion was made by Mayor Tierney, seconded by Councilmember Bildsoe, to set a study session for 5:30 p.m. on May 7 to discuss a visioning process for the City. Motion carried, five ayes. Item 8-D (6-U) Support for Court Order Changing Charter Commission Terms Councilmember Spigner stated that there are issues relating to the Charter Commission that she would like the Council to discuss prior to sending a letter of support for the court order changing the Charter Commission terms of office to the Chief Judge. One of these issues is the Charter Commissioner nomination or review process. Assistant Manager Lueckert said that applications are received and appointments are made by the Chief Judge. The City Council has no opportunity to review the applications or offer input on the Judge's decision. The Charter Commission is an independent body. Councilmember Spigner said it is her understanding that the City Council could submit Charter Commission applications to the judge for consideration. Attorney Knutson said that the judge makes the appointment, but anyone could apply or suggest a name for appointment. Councilmember Spigner stated that the Charter Commission is extremely important, and she would like to see more discussion on the applicants. Regular Council Meeting April 2, 1997 Page 14 Assistant Manager Lueckert clarified that the proposed Order has already been submitted to the Chief Judge by the Charter Commission. The City Council would be deciding whether to support that Order. In January, when the issue was discussed by the City Council, the Council voted to send a letter of support to the Chief Judge when the order was drafted. Councilmember Spigner expressed concern about supporting an Order that she had no opportunity to review before it was submitted to the Judge. She has concerns about the appointment of Charter Commission members and believes that clarification is needed. She believes that the Charter Commission should receive information on the Open Meeting Law as part of their orientation to office. Assistant Manager Lueckert said that all Charter Commission meetings are noticed and open to the public. Mayor Tierney said that the previous City Council chose not to meet with the Charter Commission. She explained that the Court Order would allow Charter Commission members to have alternating terms of office. All Charter Commission members currently have the same term of office. The Charter Commission is trying to get this accomplished before the Commission terms expire in June 1997. If the Judge issues the Order, publicity will be done to solicit individuals interested in appointment. She believes that the appointments are out of the City Council's purview. City Attorney Knutson advised that if the Chief Judge fails to make Charter Commission appointments within a certain period of time, the City Council could then make the appointment. Councilmember Spigner said that the City Council could also forward recommendations to the Chief Judge. City Manager Johnson suggested that the Council take action on the Court Order and then discuss other issues which could be recommended to the Charter Commission by the City Council. Councilmember Spigner said that a motion could be made that the City Council review the applications going to the Judge. Assistant Manager Lueckert said that previous Chief Judges have completely handled the appointment process. The City had no knowledge of who has applied nor did the City see the applications. Councilmember Spigner said that the current Chief Judge may have a different perspective on the issue. Regular Council Meeting April 2, 1997 Page 15 City Manager Johnson said that, if the Council desired, it would be appropriate for the Council to initiate a process in order to recommend candidates to the judge. Councilmember Wold spoke to the Mayor's comment that the previous Council chose not to meet with the Charter Commission. He clarified that Councilmember Lymangood had indicated he was willing to meet with the Charter Commission only if the meeting was cablecast. Councilmember Wold agreed that residents should be given absolute access to meetings of the Charter Commission, and the meetings should be cablecast. He will not attend any meeting of the Charter Commission that is not cablecast. Councilmember Johnson said that she believes individual Councilmember opinions on Charter Commission appointments may be appropriate, but she does not believe the City Council as a body should play a role in the Charter Commission appointments. Councilmember Spigner doubted that full consensus on an appointment recommendation could be reached, but it would be the decision of the majority of the Council. Mayor Tierney said that appointment recommendations from individual Council members is fine, but she would not support the full Council making a recommendation for appointments. Councilmember Spigner clarified that she would like the Chief Judge to make the appointments without input from anyone. However, she would prefer the City Council to recommend applicants rather than lobbying by individuals regarding appointments. Her concern is that the current Charter Commission has an ideology that is different from the rest of the community. She would like to see mixed membership on the Charter Commission because that makes good law. Councilmember Spigner said her desire is for impartial government. Councilmember Johnson said she believes the Charter Commission is impartial. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to adopt RESOLUTION 97-207 APPROVING LETTER OF SUPPORT TO JUDGE MABLEY FOR COURT ORDER ADJUSTING CHARTER COMMISSION TERMS OF OFFICE. Motion to amend was made by Councilmember Wold, seconded by Councilmember Spigner, to include that the City Council will initiate a Regular Council Meeting April 2, 1997 Page 16 process to make recommendations for appointments to the Charter Commission. Mayor Tierney asked if the process would be different from current law. Councilmember Wold responded that there is currently no input from the City Council on Charter Commission appointments. He believes the consideration of Charter Commission applicants should be a public process, and City Council review of the applicants would give residents an opportunity to know who is applying for Charter Commission appointment. Mayor Tierney said that this would add a level of review to manipulate the process. It is her understanding that anyone could submit their application directly to the Chief Judge for consideration, and that applicants would not have to participate in the process established by the Council. She does not believe the Charter Commission would be truly independent if the City Council reviews applications for appointment before they are submitted to the Chief Judge. Councilmember Wold said that the term "manipulate the process" is wrong and unfair. He said the intent is to expand the process and allow citizens more input. A resident could still send their application directly to the Judge, but he believes that good, qualified candidates would discuss with the City Council the reasons they are seeking appointment. It would give the public a chance tc know about the candidates. Councilmember Johnson said that establishing a process for Council input on Charter Commission appointments goes against the idea of keeping the two bodies separate. She would also be interested in who is applying for appointment, but believes that faith should be placed in the Chief Judge to make a good and independent appointment. Councilmember Johnson said that the City Council's influence should remain outside of the appointment process, otherwise residents may be influenced or may be dissuaded from applying. Councilmember Spigner agreed that the City Council should remain outside of the process, but she is concerned that only certain individuals may know who is applying and lobby the Chief Judge. If the Chief Judge is lobbied regarding the Charter Commission appointments, then an impartial Charter Commission will not result. Mayor Tierney asked if the Charter Commission applications come through City Hall or go directly to the Judge. Regular Council Meeting April 2, 1997 Page 17 Assistant Manager Lueckert responded that typically applications are submitted directly to the Judge. Councilmember Johnson suggested that the Council should self impose limits on lobbying with respect to Charter Commission appointments and stay out of the process. Councilmember Wold said he believes it is reasonable that disclosure of applicants be made prior to appointment. The Charter Commission has an important role, and he would like the appointment process to be open and public. Mayor Tierney said that the Council could ask the Judge for applicant names, but should have no right to expect that the names will be provided. She would be concerned with the Council becoming a lobbying body on Charter Commission appointments. Councilmember Bildsoe said that the current appointment process is open, as any interested resident can submit an application to the Judge. He would be concerned about the Council interfering with a separate body, and is adamantly opposed to manipulation of the system through undue influence. He said the Council should make a concerted effort to advertise that the positions are available. Councilmember Spigner said that in no way does she support manipulation of the system. Her intent is that appointments be made in an impartial environment. She would like any individual lobbying of the Judge eliminated, and perhaps all members of the Council could agree that they will not lobby the Judge regarding Charter Commission appointments. Councilmember Johnson said she would be willing to self -impose a restriction to ensure that lobbying of the Judge is not done. Motion was made by Councilmember Johnson, seconded by Councilmember Bildsoe, to call the question. Motion carried, five ayes. Vote on the amendment failed: Wold and Spigner ayes; Bildsoe, Johnson and Tierney nays. Main motion carried, four ayes; Spigner nay. Item 8-E (6-11) WIRELESS COMMUNICATION ANTENNAS ORDINANCE Councilmember Spigner noted that this ordinance requires a 5/7 vote for adoption. She has some concerns that additional Zoning Ordinance changes will be coming to the Council for consideration in the next few months. Regular Council Meeting April 2, 1997 Page 18 Community Development Director Hurlburt said that adoption of this ordinance will assist the City in dealing with current applications. She is not aware of additional ordinance changes relating to antenna regulations to be considered in the future; however, other Zoning Ordinance housekeeping amendments will be forwarded to the Council for consideration. Motion was made by Councilmember Spigner, seconded by Councilmember Bildsoe, to adopt ORDINANCE 97-2 AMENDING ORDINANCE NO. 96- 33, THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 DEFINITIONS AND ANTENNA REGULATIONS) (97009) AND RESOLUTION 97-208 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005 AND 21175 OF THE PLYMOUTH CITY CODE (DEFINITIONS AND ANTENNAS) (97009). Motion carried, five ayes. Item 9-A Report on Council Training Councilmember Johnson reported on a Municipal Finance Workshop and Planning Institute that she recently attended. She and Councilmember Spigner also attended an excellent Citizen Law Enforcement Academy sponsored by the Hennepin County Sheriff's Department. Mayor Tierney reported that she attended a meeting on Tax Increment Financing. Item 9-B Resignation from Environmental Quality Committee Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to direct staff to solicit applications from individuals interested in serving on the Environmental Quality Committee to fill the vacancy resulting from Paul Liebman's resignation. Motion carried, five ayes. Item 9-C Plymouth Senior Citizens Club 25th Anniversary Party Mayor Tierney requested that staff draft a letter of congratulations to the Plymouth Senior Citizens Club for their 25th Anniversary Party on April 21 and officially notice the meeting. Motion was made by Councilmember Wold, seconded by Councilmember Spigner, to adjourn the meeting at 10:00 p.m. Motion carried, five ayes. Laurie Ahrens City Clerk