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HomeMy WebLinkAboutCity Council Minutes 01-03-1995MINUTES REGULAR COUNCIL MEETING JANUARY 3, 1995 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 the City Center, 3400 Plymouth Blvd., on January 3, 1995. PRESENT: Mayor Tierney; Councilmembers Wold, Lymangood, Helliwell, Granath, and Edson. Councilmember Anderson arrived at 8:00 p.m. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Finance Director Hahn, Park Director Blank, Planning Supervisor Senness, Public Safety Director Gerdes, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM No one appeared for the Forum. ITEM 4 REAFFIRM THE PRO -PLYMOUTH PLEDGE The Council discussed the value of and adherence to the Pro -Plymouth Pledge that was adopted by the City Council in early 1994. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to adopt RESOLUTION 95-1 REAFFIRMING THE PRO -PLYMOUTH PLEDGE, and directing staff to place the Pledge on the first regular meeting in 1996. Motion carried, six ayes. ITEM 4-11 CITY ATTORNEY INTRODUCTION Mayor Tierney introduced Roger Knutson, the new Plymouth City Attorney. ITEM 5 APPROVE AGENDA Councilmember Helliwell requested that agenda items 8-A and 8-B be reversed in order on the agenda. Regular Council Meeting January 3, 1995 Page 2 MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to reverse Items 8-A and 8-B on the agenda. Motion carried, six ayes. Manager Johnson stated that there is an upcoming issue relating to school district 281 boundary changes that is similar to the school district 279 item on the agenda. He suggested that an additional resolution be included for consideration on that item (new 8-A) relating to school district boundaries in general. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to add the resolution for consideration with Item 8-A. Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to approve the agenda as amended. Motion carried, six ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the consent agenda. Motion carried, six ayes. ITEM 6-A APPROVE MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the minutes of the November 7 regular meeting and the November 14 special meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-2 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 22, 1994. Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 3 ITEM 6-C APPOINT CITY ATTORNEY AS PARLIAMENTARIAN MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-3 APPOINTING THE CITY ATTORNEY AS THE CITY COUNCIL'S PARLIAMENTARIAN. Motion carried, six ayes. ITEM 6-D ANNUAL APPOINTMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to appoint Laurie Ahrens as Council Secretary for 1995. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-4 APPOINTING OFFICIAL DEPOSITORIES FOR CITY FUNDS FOR 1995. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-5 RATIFYING SURETY AND BLANKET BONDS FOR CITY EMPLOYEES FOR 1995. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to appoint Dr. Doug Lowin as City Health Officer for 1995. Motion carried, six ayes. ITEM 6-E SET BOARD OF REVIEW DATES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-6 ESTABLISHING 1995 BOARD OF REVIEW MEETING DATES, for April 10 and April 24. Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 4 ITEM 6-F APPROVAL TO APPLY FOR "COPS AHEAD" GRANT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve application for a grant from the COPS Office, U.S. Department of Justice, Office of the Associate Attorney General. Motion carried, six ayes. ITEM 6-G APPOINTMENTS TO SNOWMOBILE TASK FORCE MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the following appointments to the City's Snowmobile Task Force: Ed Skomoroh representing Polaris; and Bruce Johnson and Sandra Spigner representing those concerned with negative impacts. Motion carried, six ayes. ITEM 6-H SCHOOL DISTRICT 284. RPUD CONCEPT PLAN FOR NEW HIGH SCHOOL MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-7 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR ISD 284 FOR PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF PEONY LANE AND THE SOO LINE RAILROAD (94131). Motion carried, six ayes. ITEM 6-I S.T. & M. INC. PRELIMINARY PLAT, REZONING AND VARIANCE FOR HUNTER'S BLUFF (94145) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 95-1 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 6, EAST OF FERNDALE LANE 94145). Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 5 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-8 APPROVING PRELIMINARY PLAT FOR S.T. & M. INC., FOR PROPERTY LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 6, EAST OF FERNDALE LANE 94145). Motion carried, six ayes. ITEM 64 REDUCTION OF SITE IMPROVEMENT PERFORMANCE AGREEMENT (94016) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-9 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR LUNDGREN BROS. FOR HEATHER PONDS PARK PROPERTY LOCATED EAST OF OLIVE LANE AT ABOUT 34TH AVENUE NORTH (94016). Motion carried, six ayes. ITEM 6-K RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-10 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR J.R.S. ENTERPRISES, INC., FOR PROPERTY LOCATED AT 5475 STATE HIGHWAY 169 (90034). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-11 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR AACRON, INC. FOR PROPERTY LOCATED AT 2705 CHESHIRE LANE NORTH (93114). Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 6 ITEM 6-L SCHERBER PARTNERSHIP. PUD FINAL PLAN/.PLAT FOR HOLLY CREEK 3RD ADDITION (94124) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-12 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR SCHERBER PARTNERSHIP INC. FOR PROPERTY LOCATED ON THE WEST SIDE OF DUNKIRK LANE AT 41ST AVE. N. (94124) (RPUD 92-1). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-13 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED RPUD FINAL PLAT FOR SCHERBER PARTNERSHIP INC. FOR PROPERTY LOCATED WEST OF DUNKIRK LANE AT 41ST AVENUE N. (94124) (RPUD 92-1). Motion carried, six ayes. ITEM 6-M RELEASE OF TREE PRESERVATION AGREEMENT (94124) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-14 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR TREE PRESERVATION FOR PARTNERSHIP PROPERTIES FOR PROPERTY LOCATED ON THE WEST SIDE OF DUNKIRK LANE AT 41ST AVENUE NORTH 94124). Motion carried, six ayes. ITEM 6-N DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-15 REDUCING DEVELOPMENT BOND, EAGLEWOOD ADDITION (92110). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-16 REDUCING DEVELOPMENT BOND, PINTAIL VILLAS ADDITION (93055). Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 7 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-17 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 11TH ADDITION (94032). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-18 REDUCING DEVELOPMENT BOND, COURTYARDS OF PLYMOUTH OAKS ADDITION (94049). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-19 REDUCING DEVELOPMENT BOND, THE PONDS AT BASS CREEK ADDITION (93106). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-20 REDUCING DEVELOPMENT BOND, FORSTER PRESERVE ADDITION (92090). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-21 REDUCING DEVELOPMENT BOND, AUTUMN HILLS ADDITION (92060). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-22 REDUCING DEVELOPMENT BOND, SWAN LAKE SOUTH ADDITION (92112). Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-23 REDUCING DEVELOPMENT BOND, ROCKFORD ROAD PLAZA (89014). Motion carried, six ayes. Regular Council Meeting January 3, 1995 Page 8 ITEM 6-0 SET HEARING ON VACATION IN OAKDALE WEST THIRD ADDITION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-24 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENT FOR PONDING, LOT 1, BLOCK 1, AND OUTLOT A, OAKDALE WEST THIRD ADDITION. Motion carried, six ayes. ITEM 6-P PAYMENT NO. 5, 1994 STREET RECONSTRUCTION, PROJECT 401 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-25 REQUEST FOR PAYMENT NO. 5, 1994 STREET RECONSTRUCTION - PART 1, CITY PROJECT NO. 401. Motion carried, six ayes. ITEM 6-0 APPROVE 1995 PAY EQUITY IMPLEMENTATION REPORT MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-26 APPROVING THE 1995 PAY EQUITY IMPLEMENTATION REPORT. Motion carried, six ayes. ITEM 6-R APPROVE CIGARETTE LICENSE RENEWAL MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION 95-27 APPROVING 1995 CIGARETTE LICENSE APPLICATION. Motion carried, six ayes. ITEM 8-A DISCUSSION ON SCHOOL DISTRICT BOUNDARY CHANGES Councilmember Helliwell explained that School District 279 has been studying boundary changes for elementary, junior, and senior high schools. A boundary commission has been appointed by the school board to make recommendations. She showed maps of the most recent proposals considered by the boundary commission. Regular Council Meeting January 3, 1995 Page 9 Councilmember Helliwell stated that all elementary Plymouth children in District 279 currently attend Sunny Hollow School and the junior high school students attend Maple Grove Junior High School. The proposed plan under consideration by the boundary commission splits Plymouth children into three groups at the elementary level. Plymouth students would go to Maple Grove Junior High, but then go to Osseo Senior High School. This would separate the Plymouth students from the Maple Grove students who would go to the new high school. She stated that which school Plymouth students attend is not the issue. The issue is that Plymouth students should not be divided into so many groups and should be allowed to continue onto high school with the same classmates they knew in elementary and junior high schools. She noted that under the current proposed plan, Plymouth youth will enter high school knowing no classmates from elementary or junior high school. She requested adoption of a resolution urging School District 279 to approve a boundary plan less disruptive to Plymouth residents. MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 95-28 URGING ISD 279 APPROVAL OF BOUNDARY PLAN LESS DISRUPTIVE TO PLYMOUTH RESIDENTS. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to amend the resolution to change "friends" to "classmates" and to amend Condition 3 to read "Allows the Plymouth junior high school students to advance to the ISD 279 senior high school with their classmates from their elementary and junior high school level." Councilmember Lymangood suggested that a generic resolution relating to all school districts would accomplish the same thing. Councilmember Helliwell stated that Plymouth residents are not concerned with whether their junior high students attend Osseo Senior High or the new Maple Grove High School. They do not want the Plymouth children separated from the majority of their classmates when they go on to high school. Motion to amend carried, five ayes; Lymangood nay. Roger Berkowitz, 13235 55th Avenue North, stated he is a parent in District 279 and supported the resolution. He said the redistricting committee progress has been frustrating, and Plymouth students in District 279 are somewhat isolated from the rest of the City. He said that this redistricting would create additional isolation from residents in the south Maple Grove area. Main motion as amended carried; five ayes; Lymangood nay. Regular Council Meeting January 3, 1995 Page 10 MOTION was made by Councilmember Helliwell, seconded by Councilmember Granath, to adopt RESOLUTION 95-29 REGARDING SCHOOL ATTENDANCE BOUNDARY CHANGES. Councilmember Lymangood noted that this resolution speaks to geographic proximity, continuation from elementary through high school, and relates to all school districts. Motion carried, six ayes. ITEM 8-B ZONING ORDINANCE AMENDMENT FOR PROTECTION OF WETLANDS (94072) Planning Supervisor Senness presented the staff report on the proposed amendment to the Zoning Ordinance to establish standards for the protection of wetlands. She said that the ordinance would only affect new development in the community. The greatest amount of debate during the public hearing process related to proposed Section 6 on alternative buffers. In order to be eligible for the reduced buffers in Section 6, an applicant must 1) show how the subject parcel meets the standards now outlined, and 2) design extraordinary management measures that at least duplicate the performance of the standard buffers. Before an applicant can apply for a preliminary plan or plat, the Council must approve use of Section 6. The City Attorney has advised that the language in this section protects the City in potential "taking" actions. She noted other proposed amendments that failed to gain majority support of the Planning Commission. Mayor Tierney noted that the ordinance approves monuments, but the exact type of monument has not yet been determined. Planning Supervisor Senness explained that the ordinance indicates "City approved monuments." Mayor Tierney asked what occurs in areas that are not pristine where it is difficult to get desirable grasses established and maintained, as well as amending the weed control provisions of the City Code. Ron Peterson, the City's consultant on the project, explained the plant and buffer zones described in Section 8-C of the ordinance. He said that within two years, most plantings should be established. Planning Supervisor Senness said that the City's current weed control ordinance limiting the height of weeds and grasses only exempts agricultural areas and natural preserve areas. The City Attorney is working on an amendment to the weed ordinance that would also exempt buffer areas. Regular Council Meeting January 3, 1995 Page 11 Lowell Whiteis, 15325 County Road 47, expressed concerns about the property rights of northwest Plymouth property owners. He said that during development of this ordinance, concerns have been expressed about time limits on City staff, developers, and future homeowners; but no consideration has been given to the impact on existing property owners. He believes it is unfair that people who purchased property many years ago, but did not develop it, should bear the total economic burden of the wetland ordinance. He suggested that a hearing should be held specifically on the property rights of the existing property owners, and a discussion should be held on whether there should be compensation for the wetlands and buffer areas. Mr. Whiteis stated that property owners should not be taxed for wetland and buffer areas because they have no control over these areas under the new ordinance. He asked how City services will be assessed for areas with wetlands in the future. Mark Anderson, 420 Merrimac Lane, represented Lundgren Brothers. He said that Lundgren Bros. has been involved in wetland preservation for many years. He said the ordinance is written so it would not retroactively affect existing lots of record or completed applications for preliminary or final plats. He said that established lawns provide natural buffers when phosphorus fertilizer is not used. Mr. Anderson referenced a letter sent to the Council from Lundgren Brothers describing the Heather Run Addition if it had been developed after the wetlands ordinance was in place. He said there would have been a 12 percent reduction in the project revenue and substantial reduction in the economic viability of the project. The result would have been to either increase the cost of the lots and homes, or to purchase the land at a lower price with the existing landowners losing value. He requested revision of Section 6 and stated that a previous version of Section 6 presented to the Planning Commission is preferred. Councilmember Anderson arrived at 8 p.m. Tom Jes, 5055 Evergreen Lane North, thanked the Council for adopting a wetlands protection ordinance and for allowing maximum participation in the process. Bill Pritchard, Orrin Thompson Homes, urged the City to also proceed with the Storm Water Management Plan, Best Management Practices, non phosphorus fertilizer, and acquisition of open space land. He believes that the required setbacks in the ordinance are excessive. He predicted that if the ordinance is adopted, all developers will consider the alternatives established in the ordinance. Planning Supervisor Senness said that taxes and property owner rights have been discussed with the City Assessor. The Assessor indicated that they make every Regular Council Meeting January 3, 1995 Page 12 effort to determine when wetlands exist on a parcel, and that portion is given a lower value which results in a lower tax amount. She said that information on the location of wetlands in the City will be shared with the assessing staff. Manager Johnson asked Attorney Knutson to address the property rights issue. City Attorney Knutson stated that the Supreme Court dealt with setback issues in a land use case in 1927. That case involved a traditional setback from the street, and the Supreme Court determined that the setback requirement is not a taking. There are still property rights for the owner - even if nothing can be built there. Attorney Knutson said that he believes this decision can be extended to address wetlands and buffers. He said it is a balancing act, and each situation and amount of impact needs to be considered. He added that one of the advantages of Section 6 is that it allows the City to consider specific situations and such things as parcel size. He believes that this is an enforceable ordinance. In response to questions from Mayor Tierney, Attorney Knutson said that staff believes it will take about 60 days to complete the process in Section 6, depending on the completeness of the application. He said that the Council may initially get a number of applications for the alternative process in Section 6 as developers become familiar with the standards desired by the Council. Councilmember Lymangood noted that Attorney Knutson was actively involved in development of the Chanhassen wetlands ordinance, and asked for his opinion regarding buffer strip widths with regard to property rights. He also asked if the Chanhassen ordinance has faced legal complications. Attorney Knutson said the required buffer in the proposed Plymouth ordinance is less than the Chanhassen ordinance. He said the Chanhassen ordinance has been in place for about two years, and there have been no legal problems. Mark Anderson responded to questions from Mayor Tierney. He said that Lundgren Brothers planned a hypothetical redesign of the areas around the wetlands for Heather Run under the proposed wetlands ordinance. He believes that their revised plan is an appropriate attempt to show what would have occurred to that development under the new wetlands ordinance, based on the type of housing Lundgren builds. Councilmember Helliwell recalled that when Heather Run was approved, Lundgren Brothers indicated that this property was difficult to develop. However, Lundgren representatives stated that they were willing to develop the site because "Plymouth was so hot." She said the original proposal had more lots with variances. She believes that property can be developed in an appropriate method and still be profitable for the developer. Regular Council Meeting January 3, 1995 Page 13 Mr. Anderson responded that sites can always be developed, but there is a cost. Planning Supervisor Senness said that most of the wetlands in the Heather Run area are an exceptional or high quality rating. Only about 25 percent of the wetlands are in these categories, and these categories require greater setbacks. She said that staff has started to consider other things that could balance the effects of the wetlands ordinance, such as revisions to the PUD ordinance. Planning Supervisor Senness stated that the original proposal for Section 6 was reviewed by the City's consultant, Dr. Wennert. Dr. Wennert indicated that the proposed Section 6 would be fine if no disturbances existed such as gardens, landscaping, or fertilizers in the rear yard. Staff felt this would be difficult to enforce, so the amendment was proposed to Section 6. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt ORDINANCE 95-2 AMENDING THE ZONING ORDINANCE TO ESTABLISH STANDARDS FOR THE PROTECTION OF WETLANDS, (original ordinance as submitted by staff.) MOTION to amend the main motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to change the language on Page 12, Section 4(b) to read: "The lowest ground floor elevation shall be two feet above the 100 -Year flood elevation or three feet above the Ordinary High Water Mark of public waters regulated by Section 6, Subdivision B of this ordinance, whichever is greater." Motion to amend carried, seven ayes. MOTION to amend the main motion was made by Councilmember Lymangood, seconded by Councilmember Granath, to amend language on Page 15, beginning at line 23 with the first complete sentence to read: "The applicant must demonstrate that the proposed measures will limit dissolved phosphorus concentrations to 1 milligram per liter or less. Buffer strips and structure setbacks shall meet the following standards:" Motion to amend carried, seven ayes. Regular Council Meeting January 3, 1995 Page 14 MOTION to amend the main motion was made by Councilmember Wold, seconded by Councilmember Granath, to change the table in Section 5, Page 14, to read as follows: Wetland Buffer and Setback Wetland Buffer Width (Minimum) Wetland Buffer Width (Maximum) Average Wetland Buffer Width Structure Setback (from Buffer) Total (Average): Motion to amend carried, seven ayes. Exceptional High Medium Low 50 40 20 10 100 60 40 20 75 50 30 15 15 15 15 15 90 65 45 30 MOTION to amend the main motion was made by Councilmember Wold, seconded by Councilmember Granath, to change the table in Section 6, Page 15, so that the setbacks would be 50 percent of the setbacks in Section 5 for the minimum, maximum, and average buffer widths. Mr. Peterson, the City's consultant, stated that the numbers in the table are based on information derived from study materials. He said the majority of phosphorus and sediment removal in a buffer zone occurs in the first 25 to 30 feet. Mayor Tierney asked if the proposed ordinance already contains buffer widths that are higher than studies would suggest. Planning Supervisor Senness said that the buffers are somewhat wider than indicated by studies to add a bit more protection for habitat, in addition to water quality. Director Hurlburt stated that it would be easier for plan review and for interpreting/explaining the ordinance if the numbers in the table are rounded; for example, 40 ft. rather than 37 1/2 ft. Councilmember Anderson said that the proposed motion may be fine, but he is concerned with going beyond what the scientific data can support is needed. Director Hurlburt stated that the motion to amend all of the figures in the table by 50 percent does not result in larger setbacks in all cases. It is not uniform in its effect. Regular Council Meeting January 3, 1995 Page 15 MOTION to amend the amendment was made by Councilmember Edson, seconded by Councilmember Anderson, to change the figures in the table to the following: Alternative Wetland Buffers and Setbacks, With Extraordinary Measures Exceptional High Medium Low Wetland Buffer Width (Minimum) 25 20 10 5 Wetland Buffer Width (Maximum) 50 30 20 15 Average Wetland Buffer Width 30 25 15 10 Structure Setback (from Buffer) 15 15 15 15 Total (Average): 45 40 30 25 Motion to amend the amendment carried, seven ayes. Motion to amend the main motion, as once amended, carried; seven ayes. MOTION was made by Councilmember Wold, seconded by Councilmember Edson, to delete lines 2 and 3 on Page 16; to delete "except low quality wetlands" on line 7, Page 13; to delete lines 15 and 16 on Page 14; to delete the three asterisks on line 9, Page 14, and on line 33, Page 15. Motion to amend carried, seven ayes. Councilmembers thanked staff, Planning Commissioners, and residents for their work on development of the wetlands ordinance. Councilmember Lymangood said there are additional efforts underway that will enhance water quality. Rita O'Donnell, 3225 Wellington Lane North, described her involvement in environmental politics in Plymouth. She believes that the draft ordinance is sustainable and enforceable. She said there are a number of established homeowners in Plymouth who have problems with flooded basements, flooded back yards, and uncontrolled creeks and streams in their yards. She said that this ordinance will help prevent those problems. Main motion as amended five times, carried, seven ayes. ITEM 9-A STATUS REPORT ON APPLICATIONS FOR BOARDS AND COMMISSIONS Assistant City Manager Lueckert presented the status report on applications for boards and commissions. She suggested that the Council Subcommittee on Boards and Commissions establish dates to interview applicants and determine Regular Council Meeting January 3, 1995 Page 16 whether they wish to interview existing board and commission members seeking reappointment. Mayor Tierney requested that staff contact the three Planning Commissioners whose terms expire January 31, to determine if they are willing to serve through the February 8 meeting. She noted that the Council intends to make appointments on February 7, and it would be impossible for any new commissioners to review the agenda materials for that meeting. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to establish meeting dates for the Council Subcommittee on Boards and Commissions for January 26 and 31. Motion carried, seven ayes. ITEM 9-B APPOINT COUNCIL COORDINATING REPRESENTATIVES MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-30 APPOINTING COUNCIL COORDINATING REPRESENTATIVES (CCR) FOR 1995 as follows: Planning Commission Tim Wold Park and Recreation Advisory Commission John Edson Open Space Committee Board of Zoning Adjustments and Appeals Financial Advisory Committee Water Quality Committee Human Rights Commission Independent School District 279 Independent School District 281 Independent School District 270 Independent School District 284 Motion carried, seven ayes. Chuck Lymangood David Anderson Nick Granath Tim Wold Carole Helliwell Carole Helliwell John Edson Nick Granath Tim Wold MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 95-31 APPOINTMENTS TO SUBURBAN RATE AUTHORITY, appointing Fred Moore as Director, and Joy Tierney as Alternate Director. Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 95-32 APPOINTMENTS TO MUNICIPAL LEGISLATIVE COMMISSION, appointing Joy Tierney and Dwight Johnson. Regular Council Meeting January 3, 1995 Page 17 Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Wold, to adopt RESOLUTION 95-33 APPOINTMENT TO PLYMOUTH CIVIC LEAGUE, appointing Carole Helliwell. Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to adopt RESOLUTION 95-34 APPOINTMENTS TO NORTHWEST SUBURBS CABLE COMMUNICATION COMMISSION, appointing Nick Granath and Dwight Johnson. Motion carried, seven ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-35 APPOINTMENT TO I-494 CORRIDOR COMMISSION, appointing Tim Wold as alternate. Motion carried, seven ayes. Councilmember Lymangood reported that he received no contact from the Environmental Cities Coalition during 1994. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to delete the Environmental Cities Coalition from the appointment process. Motion carried, seven ayes. ITEM 9-C APPOINT DEPUTY MAYOR MOTION was made by Mayor Tierney to appoint Councilmember Helliwell as the Deputy Mayor for 1995. Motion died for lack of a second. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to appoint Councilmember Edson as the Deputy Mayor for 1995. Motion carried; six ayes, Granath nay. Regular Council Meeting January 3, 1995 Page 18 MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 95-36 DESIGNATING THE SUN SAILOR AS THE OFFICIAL NEWSPAPER FOR 1995. Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adjourn the meeting at 9:25 p.m. Motion carried, seven ayes. Laurie F. Ahrens City Clerk