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