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