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HomeMy WebLinkAboutCity Council Minutes 06-26-1996Minutes Regular Council Meeting June 26, 1996 The regular meeting of the Ply-outh City Council was called to order by Mayor Tierney at 7:30 p.m., in the Council Chambers, 3400 Plymouth Blvd., on June 26, 1996. COUNCIL PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Granath, Black, and Anderson. ABSENT: Councilmember Preus. STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. Item 3 Plymouth Forum No one appeared for the Forum. Item 5 Approve Agenda Councilmember Granath requested that an update on South Shore Drive be added to the agenda. Councilmember Black requested discussion on the Charter Commissior request for a the Councilmember to attend a Charter Commission meeting to discuss the supermajority vote requirement to increase the tax rate. Councilmember Lymangood requested addition of an item regarding the tobacco ordinance. Motion was made by Councilmember Lymangood, seconded by Councilmember Black, to approve the agenda with the three additions noted. Motion carried, six ayes. Item 6 Consent Agenda Manager Johnson suggested a change to the resolution for Item 6-0. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to approve the consent agenda removing Item 6-0. Motion carried, six ayes. Item 6-A Award Bids for Ice Arena/Rink System Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-343 AWARDING BID FOR ICE ARENA REFRIGhRATION SYSTEM AND DASHERBOARDS. Motion carried, six ayes. Regular Council Meeting June 26, 1996 Page 2 Item 6-B Award Bid for Painting — Public Works Maintenance Garage Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-344 AWARDING BID FOR PAINTING OF PUBLIC WORKS MAINTENANCE GARAGE. Motion carried, six ayes. Item 6-C Renewal of 3.2 Malt Liquor Licenses Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-345 APPROVAL OF ON -SALE AND OFF -SALE 3.2 MALT LIQUOR LICENSES. Motion carried, six ayes. Item 6-D Approve Mighty Ducks Grant Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to approve the contract and to authorize the Mayor and City Manager to execute the grant contract between the State of Minnesota, Amateur Sports Commission, and the City of Plymouth for the Mighty Ducks Grant. Motion carried, six ayes. Item 6-E Laukka-Williams Parkers Lake. (96065) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-346 APPROVING A MIXED PLANNED UNIT PRELIMINARY PLAN/PLAT, FINAL PLAN/PLAT AND CONDITIONAL USE PERMIT FOR LAUKKA-WILLIAMS PARKERS LAKE LOCATED AT THE NORTHEAST QUADRANT OF VICKSBURG LANE AND SHENANDOAH LANE ON 25TH PLACE NORTH (96065). Motion carried, six ayes. Item 6-F Loucks and Associates. Holly Creek 5th Addition (96005) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt ORDINANCE 96-15 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF 39TH AVENUE AND WEST OF DUNKIRK LANE (96005). Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-347 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR SCHERBER PARTNERSHIP PROPERTIES FOR PROPERTY LOCATED NORTH OF 39TH AVENUE AND WEST OF DUNKIRK LANE (RPUD 92-1) 96005). Motion carried, six ayes. Regular Council Meeting June 26, 1996 Page 3 Item 6-G Final Site Plan Amendment for Expansion of Protein Design Labs (96069) Motion was made by Councilmember Black, seconded by Councilmember Lymangood„ to adapt RESOLUTION 96-348 APPROVING A MIXED PLANNED UNIT DEVELOPMENT FINAL PLAN AMENDMENT FOR WELSH COMPANIES LOCATED AT 3955 ANNAPOLIS LANE NORTH (96069). Motion carried, six ayes. Item 6-H Approve Site Plan Amendment and Conditional User Permit for Rockford Road Burger King (96070) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-349 APPROVING CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN AMENDMENT FOR THE WEST WIND GROUP OF MINNESOTA, INCORPORATED, FOR PROPERTY LOCATED AT 10000 ROCKFORD ROAD (96070). Motion carried, six ayes. Item 6-I Francis Aihe. Approve Variance at 12400 28th Place North (96066) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-350 APPROVING VARIANCE FOR FRANCIS AIHE FOR PROPERTY LOCATED AT 12400 28TH PLACE NORTH (96066). Motion carried, six ayes. Item 6-J Approve Final Plat For Fernbrook Woods 3rd Addition (96057) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-351 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR MARVIN H. ANDERSON CONSTRUCTION COMPANY FOR PROPERTY LOCATED WEST OF FERNBROOK LANE AT SCHMIDT LAKE ROAD (96057). Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-352 ADOPTING ASSESSMENTS, CITY PROJECT NO. 613, SANITARY SEWER AND WATERMAIN AREA, FERNBROOK WOODS 3RD ADDITION. Motion carried, six ayes. Item 6-K Final Plat for TP ler's Upland Addition (96035) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-353 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR BOHLAND DEVELOPMENTINCORPORATED, FOR "TYLER'S UPLAND ADDITION" LOCATED SOUTH OF 5TH AVENUE AND EAST OF VICKSBURG LANE (96035). Motion carried, six ayes. Regular Council Meeting June 26, 1996 Page 4 Item 6-L Approve Fire Lane Variance for IMR Products (96071) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-354 APPROVING A FIRE CODE VARIANCE FOR DUFFY DEVELOPMENT COMPANY FOR PROPERTY LOCATED AT 15600 MEDINA ROAD (96071). Motion carried, six ayes. Item 6-M Establish Special Council Meetings to discuss 1997 Proposed Budget Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to establish special City Council Meetings on August 14, 1996 at 7:00 p.m., and August 28, 1996 at 7:00 p.m. to discuss the 1997 Proposed Budget. Motion carried, six ayes. Item 6-N Accept Donation of Historic Log Cabin for installation in Parkers Lake Park Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-355 ACCEPTING DONATION OF LOG CABIN FOR INSTALLATION IN PARKERS LAKE PARK. Motion carried, six ayes. Item 6-P Authorize Grant Contract for Disaster Donations Management Program Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-356 AUTHORIZING THE CITY MANAGER AND DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A CONTRACT WITH THE STATE OF MINNESOTA, BOARD OF GOVERNMENT INNOVATIONS AND COOPERATION TO AWARD A GRANT, NO. SS -95-016, IN THE AMOUNT OF $82,500 TO ESTABLISH A FULLY INTEGRATED DISASTER DONATIONS MANAGEMENT PROGRAM. Motion carried, six ayes. Item 6-Q Street Lighting Improvements in Savannah 2nd Addition Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-357 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING — SAVANNAH 2ND ADDITION. Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-358 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING — SAVANNAH 2ND ADDITION. Motion carried, six ayes. Regular Council Meeting June 26, 1996 Page 5 Item 6-R 41st Avenue (Hughston Addition) Street and Utility Improvements, Project 537 Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-359 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, HUGHSTON ADDITION — 41ST AVENUE, STREET AND UTILITIES, CITY PROJECT NO. 537. Motion carried, six ayes. Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-360 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 41ST AVENUE STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 537. Motion carried, six ayes. Item 6-S Disapprove Local Transit Tax Levy Option for 1997 Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to not exercise the local transit tax levy option for 1997. Motion carried, six ayes. Item 6-T Implementation of Fixed Route Circulator for Plymouth Transit Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-361 DIRECTING STAFF TO PLAN AND IMPLEMENT A COMMUNITY TRANSIT FIXED ROUTE CIRCULATOR TO BEGIN OPERATIONS BETWEEN THE DATES OF AUGUST 1, 1996, AND OCTOBER 1, 1996. Motion carried, six ayes. Item 6-U Approve 6 -month Contract Extension with Metropolitan Council for Paratransit Service Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-362 APPROVAL OF EXTENSION OF THE PARATRANSIT AGREEMENT, METROPOLITAN COUNCIL AND CITY OF PLYMOUTH. Motion carried, six ayes. Item 6-V Greenwood Elementary School Neighborhood Park Improvements Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adcpt RESOLUTION 96-363 AUTHORIZING THE FINANCE DIRECTOR TO REIMBURSE WAYZATA SCHOOL DISTRICT 284 $55,000 FOR A NEW PLAYGROUND AT GREENWOOD ELEMENTARY SCHOOL. Motion carried, six ayes. Regular Council Meeting June 26, 1996 Page 6 Item 6-W Approve New Housing Elements and Housing Implementation Plan of the Comprehensive Plan (96077) Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-364 APPROVING NEW HOUSING ELEMENTS AND HOUSING IMPLEMENTATION PLAN OF THE COMPREHENSIVE PLAN (96077). Motion carried, six ayes. Item 6-X Designate Frauenshuh Companies as developer of property at Highway 55 and Vicksburg Lane Motion was made by Councilmember Black, seconded by Councilmember Lymangood, to adopt RESOLUTION 96-365 CONDITIONALLY DESIGNATING FRAUENSHUH COMPANIES AS DEVELOPER AT HIGHWAY 55 AND VICKSBURG LANE AND DIRECTING STAFF TO NEGOTIATE A DEVELOPMENT AGREEMENT. Motion carried, six ayes. Item 8-A Renewal of West Medicine Community Club 3.2 Malt Liquor Licenses Assistant City Manager Lueckert presented a resolution approving, with conditions, an on -sale 3.2 percent malt liquor license for West Medicine Lake Community Club, 1705 Forestview Lane North. She said that Councilmember Granath has recently been working with the parties involved to attempt to resolve the concerns of the neighborhood. She noted changes proposed in the resolution that were negotiated with the Club and the neighbors. Staff believes that these conditions are measurable and enforceable. Meg McCormick, member of the West Medicine Lake Community Club, said that in considering the license renewal the City Council should consider what is in the best long-term interest of the community. She said that the Club serves the community, including the youth, elderly, single parent families, and families in crisis. The Club's goal is to expand its membership and role in the community. They cannot meet this goal if restrictions increase and the club is forced to close. She believes that the conditions in the resolution relating to noise will set a precedent for other neighbors as well. The new park will bring additional traffic to this area. Ms. McCormick believes that the Club has responded responsibly to the neighbors' requests. Mayor Tierney asked for Ms. McCormick's comments on the proposed conditions. Ms. McCormick said she wants the restrictions to end with this list of conditions because additional restrictions could force the Club to close. Jerry Houston, 11720 27th Avenue North, stated he is a 13 -year resident and recent member of the Club. He said that this area includes some vacation Regular Council Meeting June 26, 1996 Page 7 homes, and homes very close together following the lake. People in this area enjoy the outdoors He believes that rather than consider restrictions on the Club, the Club should be considered a vital part of the community. He said the Club is well managed and provides service to the community without taxpayer dollars. He believes that the complaints about the Club have been made by a few neighbors who want the Club closed. Mr. Houston stated that there is a major park project including a pavilion proposed for construction in this area and additional outdoor activities and noise will impact the neighborhood. He supported the issuance of the liquor license, but expressed concerns about undue restrictions being placed on the Club because some past events may be discontinued. Mayor Tierney asked Mr. Houston which regulations he felt were particularly restrictive. Mr. Houston responded that he feels the hours designated for events are fine, but he does not believe the conditions should be related to the liquor license approval. Fay Buss, 3720 Oregon Avenue South, St. Louis Park, stated he is the Club Manager.' He expressed one concern with the proposed condition regarding signage. He has no objection to the prohibition of signage on the road, but stated that the current language would prevent the Club from posting a pricelist or menu on the shelter building. Mr. Buss said that some of the neighbors support the club activities. When he started as manager of the Club two years ago, the Club had financial problems. However, that situation has improved. The Club is nonprofit and its purpose is to serve the community. The Fire Department has its picnic and Christmas party at the Club at no charge. The City has been paying the minimum rental fee for community seniors to meet at the Club three to five times each month. The Club property ballfields have been turned over to the City for scheduling and use. An additional ballfield is available for community use. Mr. Buss explained that anyone in the community can use the Club for a funeral or wedding at no charge. As far as he knows, there has never been an alcohol-related complaint at the Club. He said that there were a few rental functions held this spring that got quite noisy and that probably shouldn't have been booked. However, the Club was trying to make money to make needed building improvements. The Club is booked for nearly every Saturday and Sunday in 1996, and there are already 30 bookings for 1997. Mayor Tierney asked Mr. Buss if the proposed conditions would impact negatively on the scheduled bookings. Regular Council Meeting June 26, 1996 Page 8 Mr. Buss responded that outdoor activities may be restricted too much. The club is planning to hold a blue grass festival and ice cream social this summer. Councilmember Granath asked if Mr. Buss and other club members had an opportunity to review the amended proposed conditions. Mr. Buss said the conditions are acceptable except for the signage condition. Also, three people rather than two normally remain at the Club after an event to clean and close the Club. Matthew Abe, 1735 Forestview Lane, represented the Sydorenko, Hlavacek, Hansen, Heathcote, and Abe families in the neighborhood. He thanked Councilmember Granath for working with the neighbors to resolve concerns. He said that the neighbors are not against the community club and the public service that they provide. However, the neighbors have a problem with their ballroom operations and picnics. Club rentals have greatly increased in number and duration since March of 1996. The neighbors feel that their quality of life has decreased due to amount of traffic on Forestview Lane. He agreed that the level of noise at the Club is not unlike what you'd expect for a graduation parry or open house; however, the community club has these events every week. This creates an undue intrusion on peace in the neighborhood. He agreed that communication between the neighbors and Club could be improved and stated that he intends to joint the Club. Mr. Abe stated that since amplification cannot be eliminated from a practical perspective due to outdoor weddings, the neighbors will work with the Club to determine an appropriate sound level. He also recommended that outdoor events be limited to three or four in a calendar year. This would have no fiscal impact on the Club since there is no charge for rental for weddings. Motion was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 96-366 APPROVING 3.2 MALT LIQUOR LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB, adopting the revised resolution. Councilmember Granath stated that several meetings have been held on these issues, and he characterized this action as setting ground rules agreed to by all parties. He believes that the conditions in the resolution are reasonable and that there is good faith on all sides. The Club is an asset to the community, and the Club was well -represented at the meetings. Motion to amend was made by Councilmember Granath, seconded by Councilmember Wold, to change Condition #1 to allow three persons to remain on the premises for purposes of clean-up and tear -down activities; to delete the words "on the premises" in Condition #3 relating to signage; and to Regular Council Meeting June 26, 1996 Page 9 amend Condition #7 to read: "The Club shall cause indoor noise levels to be monitored with an appropriate gauge. The Club shall cause windows facing the nearest neighbors to be filled with insulating material to lessen the sound coming from inside the building." Councilmember Granath stated that the Club has a device which allows them to make an objective measurement of the noise level. This can be used as an internal management tool. Councilmember Wold agreed with the amendment because it will give the Council some objective data to consider should the issue come before the Council again. Councilmember Lymangood asked Community Development Director Hurlburt for direction on the signage language. Director Hurlburt stated that the allowable signage is restrictive in residential districts. Regardless of this signage condition, the Zoning Ordinance requirements would apply. Motion carried, six ayes. Main motion carries, six ayes. Item 8-B Laurent Development Company (96017) Community Development Director Hurlburt presented the staff report on the request of Laurent Development Company for land use guide plan amendment and sewer plan amendment, including MUSA addition, for property located north of Schmidt Lake Road and east of Vicksburg Lane. The applicant is requesting to reguide approximately 61 acres from LAR (Rural Density/ Agricultural) to LA -1 (Low Density Residential). The applicant has not applied for any development approvals but a conceptual sketch plan showing single family residential development has been submitted. Director Hurlburt explained that in 1983, the City approved the creation of the 103 -acre Silverthorne PUD, including the 61 acres in this request. One of the conditions of the PUD approval was that the land north of Schmidt Lake Road/ MUSA boundary in the Rural Service Area shall not develop until urban services are available. She explained that the Sewer Plan currently shows that this site would be served from the north from the Elm Creek District. However, the applicant is requesting extension of service from the existing system within the TMFUSA area. There is sufficient capacity to serve this parcel. She explained that the City will be undertaking a study of the entire northwest area of the City in the next year or so. This parcel is different and could be considered at this time because of the existing sanitary sewer capacity, the Regular Council Meeting June 26, 1996 Page 10 previous PUD approval, and the proposed Schmidt Lake Road construction. The right-of-way exists and the preferred alignment is through this property. Also, the City will build a new water tower with trunk watermain across this property. Staff recommends that the City's Housing Goals be considered, and recommends that if the parcel is added to the Metropolitan Urban Service Area, it meet a goal of at least two units per acre. The Planning Commission held a public hearing and continued it for two meetings. Concerns were expressed by property owners north of the Soo Line tracks wondering if the MUSA could be extended farther to include their property. Director Hurlburt stated that the area north of the railroad tracks could not be served with the existing gravity sanitary sewer system from the south due to the significant grade difference. The land to the north does not have the same characteristics as this site. Staff also responded to concerns mentioned by residents regarding the Schmidt Lake Road right-of-way that would be vacated due to the new alignment. The vacated right-of-way would be returned to the original property owner, Laurent Development Company. The staff and Planning Commission recommend approval of the requests. She stated that the proposed resolution has been amended, as requested by Councilmember Lymangood, to clarify the unique nature of this parcel. Director Hurlburt said that the Council has broad discretion in approving the Comprehensive Plan Amendment, and it requires a 5/7 vote. The Council must act on this request by July 12. Councilmember Anderson asked about the property that abuts this site. Director Hurlburt stated that the property to the east is owned by the City of Plymouth and is mostly wetland. The parcel farther to the east is currently being developed by Mary Anderson Homes. Wetlands are located on the property west of this site. Public Works Director Moore stated that the City -owned landlocked parcel is about 2/3 wetland and the City acquired it because right of -way will be needed for Schmidt Lake Road. Motion was made by Councilmember Lymangood, seconded by Councilmember Black, to adopt RESOLUTION 96-367 APPROVING LAND USE GUIDE PLAN AMENDMENT AND SEWER POLICY PLAN AMENDMENT FOR LAURENT DEVELOPMENT CO. FOR PROPERTY LOCATED NORTH OF SCHMIDT LAKE ROAD AND EAST OF VICKSBURG LANE (96017), (the revised version distributed at the meeting). Regular Council Meeting June 26, 1996 Page 11 Gary Laurent, President of Laurent Development Company, stated that following the Planning Commission meeting, the neighborhood has indicated support for this proposal. He believes that development of this property now is beneficial to adjacent property owners and to the City. The development is timely with regard to the Schmidt Lake Road and watermain projects. He stated that timing is also appropriate with regard to gaining approval from the Metropolitan Council for the MUSA expansion because this project can create homes without a significant capital improvements cost. He introduced his father who owns the land. Raymond Laurent, 15305 47th Avenue North, stated he purchased the land 30 years ago. He asked for approval of the requests. Councilmember Anderson stated that he has been involved in Ward 1 development and the Schmidt Lake Road issue. He will vote against the request. He is not against this particular development, but he opposes developing the northwest area of Plymouth until there is an approved plan. Mayor Tierney stated that the PUD was approved in 1983 so it will not set a precedent. Councilmember Lymangood acknowledged Councilmember Anderson's concerns. He noted that this parcel had previously received PUD approval, and he does not anticipate considering development for any additional areas in this area until the northwest Plymouth planning is completed. Councilmembers Granath and Wold agreed. Motion carried, five ayes; Anderson nay. Item 8-C (6-0) Request from School District 281 for Improvement Funds Manager Johnson stated that this staff report recommends adoption of a resolution authorizing the Director of Finance to make payment to Independent School district 281 in the amount of $27,000 to be used for improvements at the new baseball/softball field at the high school. He has received communication from the District 281 Superintendent with suggestions of alternative sources for funding the project. Manager Johnson suggested that the resolution be revised so that either park dedication funds or tax increment finance funds could be used for the project. He explained that tax increment funds have been earmarked for joint recreation projects with the school districts. The City may want to keep the tax increment funds intact for a larger project. Regular Council. Meeting June 26, 1996 Page 12 Motion was made by Councilmember Lymangood, seconded by Councilmember Wold, to adopt RESOLUTION 96-368 APPROVING FINANCING FOR FENCING AT ARMSTRONG BASEBALL/SOFTBALL FIELDS, with the amendment that tax increment financing or park dedication funds could be used. Councilmember Lymangood thanked Manager Johnson for following up on this request. He believes it will retain the City's flexibility. Motion carried, six ayes. Item 9-A South Shore Drive Update Manager Johnson reported that he received communication from Medicine Lake Mayor Schrader regarding the South Shore Drive issues. Mr. Schrader said that the Medicine Lake City Council has not met since the Plymouth Council meeting on June 5. The issues relating to South Shore Drive will be on their July 1 agenda. Mayor Schrader indicated that he believes good progress can be made on Items 1 through 4 in the Plymouth Council resolution and will discuss having a meeting with the Subcommittee that was appointed by the City Council. Mayor Tierney described conversations and meetings she had with the Medicine Lake Mayor and Attorney prior to the June 5 Plymouth City Council meeting. Councilmember Lymangood asked for a point of order, as this item was added to the agenda for only a status report and the items raised by the Chairperson are past history and occurred prior to the June 5 meeting. Mayor Tierney ruled Councilmember Lymangood's motion out of order because it interrupted the speaker. Councilmember Wold stated that a point of order can interrupt the speaker. Councilmember Lymangood challenged the ruling of the Chair and requested that the item be put to a vote. The presiding officer did not call for a second and the motion did not receive one. Mayor Tierney encouraged Councilmembers to attend the July 1 Medicine Lake City Council meeting. She believes there was a breakdown in communications between the Plymouth and Medicine Lake elected officials. She said the Medicine Lake Councilmembers felt offended by the action from the Plymouth City Council. Regular Council Meeting June 26, 1996 Page 13 Councilmember Granath said that he added this item to the agenda for a status report from the City Manager. He applauded the intention of Mayor Schrader and the Medicine Lake City Council to work with Plymouth on issues related to South Shore Drive. He encouraged them to consider the issues at their July 1 Council meeting. If the Medicine Lake City Council is prepared to take action as requested by the City of Plymouth, he doesn't believe that it is essential that a meeting be held. He said it is in the interest of both communities to resolve these issues. Councilmember Anderson stated that he will not attend the Medicine Lake City Council meeting. The Plymouth Council has effectively resolved issues through established subcommittees. He took exception to several sentences of Mayor Schrader's letter. Councilmember Anderson stated that the Plymouth City Council has set a deadline of the end of July. He would like to see action by that time, or he would expect Councilmember Granath to place the closure of South Shore Drive on the agenda for consideration. He will seriously consider that action if nothing further occurs by that time. Councilmember Black stated that the July 1 meeting is where the City of Medicine Lake sho:iid discuss their options. Plymouth councilmembers are not needed for that discussion. She stated that the Subcommittee can meet with the Medicine Lake City Council, once they decide how to proceed. Councilmember Wold stated that the Subcommittee has his full support. He believes the Subcommittee can work with Medicine Lake Council to reach a compromise by the end of July. Item 9-B Charter Commission Request Councilmember Black acknowledged that there are various points of view on the issue relating to requiring a supermajority vote for a tax rate increase. She suggested that one Councilmember be appointed to attend the Charter Commission meeting to present the City Council's position and to enter into a discussion with the Charter Commission on the issue. Councilmember Preus has indicated he would be willing to attend the Charter Commission meeting to do this. The City Council expressed support for Councilmember Preus attending the Charter Commission meeting and representing the position of the City Council. Mayor Tierney stated she would like to see more councilmembers interested in the various charter issues. She said that the Charter Commission has previously discussed these issues. Regular Council Meeting June 26, 1996 Page 14 Councilmember Black stated that she believes the Charter Commission has a mission and a specific role to play, and the interference of the Council is unnecessary. However, she believes it would be useful to have one councilmember present the Council's position at the Charter Commission meetin ,. Councilmember Lymangood agreed that this was a worthy compromise. He said that the City Council has also indicated they would meet with the Charter Commission at a public hearing on the issue. Item 9-C Tobacco Ordinance Councilmember Lymangood reported that an article regarding the City's Tobacco Ordinance recently appeared in USA Today. The article quoted the Public Safety Director. He acknowledged the work of the City Manager, Public Safety Director, and City Attorney on developing this ordinance and. receiving nationwide attention on this issue. Councilmember Wold reported that yesterday he attended a meeting on the City's tobacco ordinance. He stated that one panel member was impressed with the resolve of the Council in adopting the ordinance, and the forum was very positive. Councilmember Anderson left the meeting at 9:00 p.m. Public Safety Director Gerdes explained that the City hosted a prevention forum focusing on the scenario that "It's too easy for kids to buy tobacco in Hennepin County." The Plymouth ordinance was highlighted and the meeting was well received. Motion was made by Councilmember Black, seconded by Councilmember Lymangood to adjourn the meeting at 9:05 p.m. Motion carried, five ayes. Laurie Ahrens F City Clerk