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HomeMy WebLinkAboutCity Council Minutes 01-24-1994MINUTES REGULAR COUNCIL MEETING JANUARY 24, 1994 The 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 24, 1994. PRESENT: Mayor Tierney; Councihnembers Lymangood, Helliwell, Granath, Edson, and Anderson STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community Development Director Hurlburt, Public Works Director Moore, Park Director Blank, Finance Director Hahn, Associate Planner Keho, Volunteer Coordinator Anderson, Personnel Coordinator Sobania, City Attorney Meller, and City Clerk Rauenhorst ITEM 4-A OATH OF OFFICE - POLICE OFFICER Public Safety Director Gerdes introduced Police Officer Darrin Gotsch. Clerk Rauenhorst administered the oath of office. ITEM 4-B VOLUNTEER PROGRAM Park Director Blank introduced Volunteer Coordinator Nancy Anderson. Coordinator Anderson described the City's volunteer program. She stated that in addition to the continued volunteer activities such as the gardener program, volunteer coaches, and Fire and Ice Festival, many volunteers are working at the City Center. She described some of the volunteer success stories and noted that not many cities are as involved as Plymouth in a volunteer program. There are many talented and willing volunteers residing in the City. ITEM 4-C GFOA FINANCIAL AWARD Mayor Tierney presented the Government Finance Officers Association (GFOA) Award for excellence in financial reporting for 1992 to Finance Director Hahn. Finance Director Hahn thanked finance department staff members for their assistance in attaining this award. Regular Council Meeting January 24, 1994 Page 2 ITEM 5 APPROVE AGENDA The following items were added to the agenda: Item 9-C Response to City of Maple Grove letter; Item 9-D City Council Requests Status; and Item 9-E Curtis Olson letter regarding traffic problem on 19th Avenue North. Items 6-J and 6-0 were deleted from the agenda. MOTION was made by Councilmember Filson, seconded by Councilmember Granath, to approve the agenda with the amendments noted above. MOTION to amend the main motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to rearrange items under No. 8 - General Business - so they would be heard in the following order as shown on the agenda: 8-A, 8-C, 8-F, 8-B, 8-D, and 8-E, and to add Item 9-F Wetlands discussion. Councilmember Lymangood stated the purpose of the rearrangement is to first hear items with significant public interest, as well as to allow sufficient time for balloting for the Ward 2 City Council appointment. Motion to amend carried, six ayes. Main motion as once amended carried, six ayes. ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to remove Item 6-A from the Consent Agenda. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to approve the minutes of the Budget Hearing of December 1, 1993, Special Council Meeting of December 18, 1993; Special Council Meeting of Regular Council Meeting January 24, 1994 Page 3 December 20, 1993; Plymouth Forum, December 20, 1993; Special Council Meeting of January 13, 1994; and Special Council Meeting of January 10, 1994, and to table the minutes of December 6 and January 3 regular meetings until a transcript of the meetings is prepared. MOTION to amend the main motion was made by Councilmember Helliwell, seconded by Councilmember Lymangood, to direct that a verbatim transcript be prepared on the Sam's Club item only for meetings of December 6, December 20, and January 3. The City Attorney is to review the transcript to review accuracy of the minutes, and to make a recommendation to the City Council on approval of the meeting minutes. Motion to amend carried, six ayes. Main motion as amended carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-29 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 13, 1994. Motion carried on a roll call vote, six ayes. ITEM 6-C RENEWAL OF LIQUOR LICENSES. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-30 APPROVAL OF ON -SALE AND SUNDAY INTOXICATING LIQUOR, OFF -SALE INTOXICATING LIQUOR, AND WINE LICENSES. Motion carried on a roll call vote, six ayes. ITEM 6-D OAKWOOD ELEMENTARY SCHOOL - LAWFUL GAMBLING EXEMPTION. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-31 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR OAKWOOD ELEMENTARY PTL. Motion carried on a roll call vote, six ayes. Regular Council Meeting January 24, 1994 Page 4 ITEM 6-E CHANGE ORDER NO. 1, DUNKIRK LANE STREET IMPROVEMENTS, PROJECT 308 MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-32 APPROVING CHANGE ORDER NO. 1, DUNKIRK LANE IMPROVEMENTS, CITY PROJECT NO. 308 Motion carried on a roll call vote, six ayes. ITEM 6-F APPROVE CHANGE ORDER NO. 1, FERNBROOK LANE IMPROVEMENTS, PROJECT 907 MOTION was made by Councilmember Filson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-33 APPROVING CHANGE ORDER NO. 1, FERNBROOK LANE IWROVEMENTS, CITY PROJECT NO. 907 Motion carried on a roll call vote, six ayes. ITEM 6-G ORDER PRELAIINARY ENGINEERING REPORT FOR NORTH HIGHWAY 55 FRONTAGE ROAD RELOCATION MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-34 RECEIVE PETITION AND ORDER PREPARATION OF PRELIM UNARY REPORT, NORTH HIGHWAY 55 FRONTAGE ROAD RELOCATION EAST OF SOUTH SHORE DRIVE, CITY PROJECT NO. 406 Motion carried on a roll call vote, six ayes. ITEM 6-H HERITAGE WOODS 2ND ADDITION - REQUEST FOR AMENDED PUD PLAN AND CUP (93119) MOTION was made by Councilmember Filson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-35 APPROVING AMENDED CONDITIONAL USE PERMIT FOR HERITAGE WOODS ESTATES 2ND ADDITION LOCATED WEST OF NORTHWEST BOULEVARD AT 56TH AVENUE NORTH (93119) Motion carried on a roll call vote, six ayes. Regular Council Meeting January 24, 1994 Page 5 ITEM 6-I FREEMAN'S. INC. - FINAL PLAT, SITE PLAN, CUP AND REZONING (93125) MOTION was made by Councilmember Edson, seconded by Councihnember Granath, to adopt RESOLUTION NO. 94-36 APPROVING FINAL PLAT FOR FREEMAN'S, INC., FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55, EAST OF NATHAN LANE, NORTH OF SHELARD PARKWAY (93125) Motion carried on a roll call vote, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-37 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR CREEKSIDE ESTATES, LOT 1, BLOCK 1, FOR PROPERTY LOCATED SOUTH OF HIGHWAY 55, EAST OF NATHAN LANE, AND NORTH OF SHELARD PARKWAY (93125) Motion carried on a roll call vote, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-38 APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, AND VARIANCES FOR FREEMAN'S, INC., LOCATED SOUTH OF HIGHWAY 55, EAST OF NATHAN LANE, AND NORTH OF SHELARD PARKWAY (93125). Motion carried on a roll call vote, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 94-2 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED SOUTH OF HIGHWAY 55, EAST OF NATHAN LANE, AND NORTH OF SHELARD PARKWAY (93125). Motion carried on a roll call vote, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-39 SETTING CONDITIONS TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND FOR FREEMAN'S, INC., LOCATED SOUTH OF HIGHWAY 55, EAST OF NATHAN LANE, AND NORTH OF SHELARD PARKWAY 93125). Regular Council Meeting January 24, 1994 Page 6 Motion carried on a roll call vote, six ayes. ITEM 6-J CONTRACTOR PROPERTY DEVELOPER'S COMPANY FINAL PLAT FOR QUAIL HOLLOW (93134) Item 6-J was removed from the agenda. ITEM 6-K TIME EXTENSION FOR DNR SHORELAND GRANT AGREEMENT. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to authorize the Mayor and City Clerk to execute the Shoreland Grant Agreement with the DNR to July 15, 1994. Motion carried on a roll call vote, six ayes. ITEM 6-L SKYLINE DESIGN. INC.. AMENDED PUD PLAN AND CUP 93136) (RPUD 76-3). MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-40 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC., FOR PROPERTY LOCATED AT 1255 ARCHER LANE NORTH (93136). Motion carried on a roll call vote, six ayes. ITEM 6-M SKYLINE DESIGN. INC.. AMENDED PUD AND CUP (93137) MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-41 APPROVING AMENDED RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR SKYLINE DESIGN, INC., FOR PROPERTY LOCATED AT 1255 BLACK OAKS LANE NORTH (93137). Motion carried on a roll call vote, six ayes. Regular Council Meeting January 24, 1994 Page 7 ITEM 6-N ZONING ORDINANCE AMENDMENT REGARDING BUSINESS SIGNS MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt ORDINANCE 94-3 AMENDING THE ZONING ORDINANCE RELATIVE TO FREE STANDING BUSINESS SIGNS IN THE B-1, B-2, B-3, AND I-1 ZONING DISTRICTS. Motion carried on a roll call vote, six ayes. ITEM 6-0 GREAT MIDWEST CONSTRUCTION. INC., LAND USE GUIDE PLAN AMENDMENT, REZONING, LOT CONSOLIDATION SITE PLAN AND CONDITIONAL USE PERMIT (93092) The request of Great Midwest Construction, Inc., for Land Use Guide Plan Amendment to reguide 7.4 acres from C -L to LA -4; rezoning from B-1 to R-4; lot consolidation; site plan; and Conditional Use Permit for a 60 unit apartment complex located at the southeast corner of 34th Avenue North at Harbor Lane 93092), was withdrawn by the petitioner and removed from the agenda. ITEM 6-P CLASSIFICATION PLAN ADDITION - PLANNING SUPERVISOR MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-42 APPROVING THE GRADE, TITLE, AND SALARY RANGE FOR PLANNING SUPERVISOR. Motion carried on a roll call vote, six ayes. ITEM 8-A HENNEPIN COUNTY PROPERTY MANAGEMENT. PUD LANDSCAPE PLAN AMENDMENT FOR LIBRARY SITE (93127) Associate Planner Keho presented the staff report on the request of Hennepin County Property Management for amendment of Landscaping Plan for construction of the Plymouth Community Library located at the northeast corner of 36th Avenue North and Vicksburg Lane North. He stated that on December 22, the Planning Commission recommended on a 3-2 vote to deny the request to allow the use of natural prairie grass over a large portion of the site in place of sod. The City's Landscape Policy requires that all disturbed areas must have a sod -type of coverage. He stated that at the Planning Commission meeting, one citizen expressed his concern that prairie grass would be objectionable in the City Center area because it would need to be burned. Regular Council Meeting January 24, 1994 Page 8 Councihnember Anderson asked if it is necessary that prairie grass be burned. Planner Keho stated the City's Forestry Division feels burning could be done once each year in order to maintain the prairie grass. This would be about a one acre area. Richard Strong represented Hennepin County Property Management. He requested that the Council approve the request and introduced Hennepin County Library Director Robert H. Rohlf; architect Milo Thompson of the firm Bentz/Thompson/Rietow Inc.; and Ron Brown of Prairie Restoration. Library Director Rohlf stated that since the Planning Commission meeting, the plan has been amended to provide for a sod area at the perimeter of the site, with interior prairie grass gardens that would be signed for a learning environment. He said that prairie grass has been successful at the Brookdale library site. Milo Thompson stated that prairie grass is a landscape material well suited for this building design, and it would be more sensitive to the environment. He described the proposal to sod and irrigate the entire perimeter of the site as a border in order to provide a good blend with the surrounding properties. Councihnember Lymangood asked about the width of the proposed border. Mr. Thompson stated the sod border would vary from 10 to 30 feet. Ron Brown, Prairie Restorations, described other projects he has worked on including the Northwest Blvd. waffle wall. He stated that prairie grass will fit with the character of the building, and it does not have to be burned each year. He said that burning is not required, and the area could be maintained through a mowing management plan. Councihnember Granath asked if the Brookdale library site is burned. Mr. Thompson stated the Brookdale library site has been burned two or three times during the last 10 years. It has not been burned now for six years. He stated that as abutting areas become built up, burning may become less feasible. Mr. Thompson stated that not much prairie area remains in Minnesota and this would have historical value. Councilmember Helliwell asked about the difference between the road seed planted by the Department of Transportation and the prairie grass proposed for this site. Regular Council Meeting January 24, 1994 Page 9 Mr. Thompson stated the roadside planting is generally European grasses or exotic mixes; not native plantings. It is also basically grass; not wild flowers. The library site would have more color and be maintained. Councilmember Edson stated his concern is that this is a variance request. He questioned how the prairie grass would look in the future when the surrounding properties are developed. He stated the Council needs to be conscious of how well this will fit with the entire area and future neighboring businesses. Community Development Director Hurlburt stated that Downtown Plymouth allows for a wide variety of commercial uses. The library could be surrounded by many retail uses. She stated that this revised plan containing a sod border is an improvement from the initial plan because it provides a transition area so that neighbors can blend with that site. The Council discussed whether the revised plan should be reviewed by the Planning Commission for recommendation. Director Hurlburt stated the Council could refer the revised plan to the Commission; however, she believes this is an improvement to the plan. She noted that no property owners objected to the proposal when presented at the Planning Commission meeting. Councilmember Lymangood asked about the net difference in cost savings, herbicide use and runoff, and blowing of seeds between the prairie grass proposal and a fully sodded area. Mr. Thompson stated that the installation of prairie grass will be 60 percent the cost of installing sod. No fertilizer will be used and the area will retain moisture. He stated the seed issue is minimal because surrounding turf areas are chemically treated and mowed. The prairie area cannot tolerate mowing or chemicals. Councilmember Lymangood spoke in favor of the proposal in light of the revised proposal for sod border areas. He asked if burning is a public safety concern. Public Safety Director Gerdes stated that no burning is a better alternative; however, burning could be done in a controlled and safe fashion. Rita O'Donnell, 12105 41st Avenue North, stated that when the first settlers came to Minnesota, they were frightened by the vastness of the prairies. She is Regular Council Meeting January 24, 1994 Page 10 concerned that this fear of prairies could extend to the current day. She believes there is no incompatibility of a prairie area in downtown Plymouth adjacent to industrial and commercial businesses. She cited three metropolitan area companies - HB Fuller, Cray Research, and 3M - that have been very successful with prairie areas. She stated that the HB Fuller Company believes there is a harmonious blend between business and nature so they have had a prairie since the mid 1980's. They burn it once each year and have never had a concern about it. She stated the City of Burnsville has 45 acres of parks in prairie grasses. They do annual burning, and these parks are surrounded by homes and businesses. Again, no complaints have been received. She supports this proposed use of prairie grass because it is environmentally sound. The prairie gardens will provide an area for learning. She stated the City of Burnsville developed prairie areas to decrease the amount of mowing and to improve water quality. It would also contribute to a reduction in chemical runoff. Councilmember Helliwell agreed that it would be educational for children who visit the library. Councihnember Lymangood stated that the Planning Commission minutes of this discussion indicate that a public hearing had not been held to amend the PUD. He asked if a public hearing is required. Director Hurlburt stated this is a permissible exception to the City's policy. She recommended that two conditions be adopted with the approval: 1) That an information sign be erected along 36th Avenue informing of the prairie area; and 2) That the installation shall comply with the revised plan for sod perimeter and prairie grass garden areas. Councilmember Anderson stated the Council needs to recognize the balance the City is trying to form in Downtown Plymouth. He asked if the library would be opposed to a condition to prohibit burning of prairie grass. Mr. Strong stated that they would be willing to first try only mowing for maintenance. If that does not work, they could return with a request to burn. Director Hurlburt stated a third condition could be added that maintenance shall be by non -burning methods. Park Director Blank stated that the City's Environmental Division must approve all burning permits issued in the City. He does not believe burning will be a problem and noted that Rolling Hills City Park has a prairie that is maintained in this way. Regular Council Meeting January 24, 1994 Page 11 MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to adopt RESOLUTION 94-43 APPROVING MIXED PLANNED UNIT DEVELOPMENT LANDSCAPE PLAN AMENDMENT FOR HENNEPIN COUNTY PROPERTY MANAGEMENT LOCATED AT THE NORTHEAST CORNER OF 36TH AVENUE NORTH AND VICKSBURG LANE (93127), with the conditions that an information sign be erected along 36th Avenue notifying the public that this site has been designated as a prairie grass preserve area, and that the prairie grass installation shall comply with the revised plan including a sod perimeter. Councilmember Anderson stated it is important that the Council consider that this is the Downtown Plymouth area which will be the focus of the City. He is concerned that once a year burning would occur in a high density area. He stated that if it is allowed at all, it should be done in a fashion that does not include smoke and pollution. Adjacent development will occur and he favors a third condition to prohibit burning in order to protect adjacent businesses. Councilmember Granath agreed, but stated the Park & Recreation Department and Public Safety Department have indicated burning maintenance can be done in a safe manner. Councihnember Helliwell stated that burning occurs on a regular basis in the City for development, and permits are obtained from the City staff. MOTION to amend the main motion was made by Councilmember Lymangood, seconded by Councilmember Anderson, to include a third condition that if prairie grass burning maintenance is required, a permit is first obtained from the Park and Recreation Department and monitored by the Public Safety Department. Motion to amend carried, six ayes. Main motion as amended carried, six ayes. Mayor Tierney called a five minute recess. ITEM 8-C HARSTAD COMPANIES. AMENDED PUD PLAN FOR KINGSVIEW HEIGHTS 3RD ADDITION (93098) Planner Keho recommended that the Council reaffirm a previously adopted resolution which approved the Final Plat of Kingsview Heights 3rd Addition including the requirement that the development be included in the Homeowners Regular Council Meeting January 24, 1994 Page 12 Association for Kingsview Heights. The applicant has indicated there are a number of obstacles to their incorporation of the development into the existing Homeowner Association. The Association documents do provide for adding property to the Homeowners Association, but only upon written approval of 2/3 of the homeowners within the Kingsview Heights Homeowners Association. The applicant has indicated that due to this requirement, it would be very difficult to add these nine lots to the Association. To staff's knowledge, the applicant has not contacted the Kingsview Heights Homeowners Association regarding the addition of these lots to the Association. Planner Keho stated the plat for Kingsview Heights 3rd Addition does not include any common open space that is intended to serve the Planned Unit Development. The addition of the nine lots to the Kingsview Heights Homeowners Association would permit the residents of these nine lots to use the common open spaces as originally intended and would add nine dues paying members to the Association. If these nine lots are not incorporated into the Homeowners Association, they would not have the same rights of access and use for the common open space as was intended by the Planned Unit Development. Mayor Tierney asked what would occur if the Homeowner Association failed to approve inclusion of the nine lots in the Association. Planner Keho stated the applicant could return to the Council with the request. A representative of Burnett Realty, 4100 Berkshire Lane, represented Harstad Company. He requested that the Council delete the requirement that these lots be included in the Homeowners Association. He stated the lots were not included in the second addition plat because utilities were unavailable. There are 131 lots in the two preceding developments, and the applicant would have to contact and gain approval for inclusion from at least 95 homes to get the 2/3 approval required. He stated that many of the homes are owned by the second or third owner, and the owners were never promised when they purchased their homes that some additional lots would be added to the Homeowners Association to lessen their financial burden. He stated the amount of Association dues would not significantly decline overall, and these lots would not utilize the open space. He stated the Association's annual meeting is done by mail; therefore, it would be difficult to make contact with a sufficient number of home owners. He agreed the intention was to incorporate the lots into the Homeowners Association, but the lots could not be platted until the utilities were available. Councilmember Helliwell stated that a special meeting of the Homeowners Association could be called. She believed that these lots were intended to be Regular Council Meeting January 24, 1994 Page 13 part of the Homeowners Association and that it should be presented to the members for consideration. Councilmember Edson suggested that the written approval could be obtained through letters sent to the Association members requesting a response with postage -paid return envelopes. The letter could explain the request and indicate that the result would be additional revenue to the Association. MOTION was made by Councilmember Edson, seconded by Councilmember Granath to reaffirm Resolution 93-715 including Condition 8 which requires that "appropriate legal documents regarding Homeowners Association Covenants and Restrictions, as approved by the City Attorney, shall be filed with the Final Plat". Councilmember Lymangood stated he understands the difficulty for the applicant of trying to contact the Homeowner Association members for approval, but he is reluctant to approve a request which would supersede the Homeowner Association legal documents without the members input. Mayor Tierney stated that should the Homeowner Association refuse the request to add the nine lots to the Association, the applicant could return to the Council with the request. Motion carried, six ayes. ITEM 8-F APPOINT WARD 2 COUNCH,M NIBER Assistant Manager Lueckert suggested several voting procedures that could be used by the City Council for filling the Ward 2 City Council vacancy. She stated the Council could select caucus voting, weighted voting, direct nomination, or some other method. Regardless of what voting process is used, it is necessary for the Council to finally make a formal motion of appointment, which is seconded and approved by a majority of the City Council. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to use the weighted voting method, including all 11 Ward 2 candidates on the first ballot, with each Councilmember voting for three. This would result in four names. Councilmembers would each vote for two names on the second ballot, resulting in the top two names. Beginning on the third ballot, Councilmembers would vote for only one candidate. The Council would vote up to six ballots, if needed. Regular Council Meeting January 24, 1994 Page 14 Councihnember Anderson stated his strong opposition to secret balloting. He is particularly concerned since that the Council is appointing someone to represent resident interests without a special election. He stated it would be more appropriate and open to use a nomination process where Councihnembers nominate a candidate and publicly state why they believe that person is most qualified over the others to hold the office. Councihnember Lymangood stated this is a difficult, important decision. He stated it is made more difficult by having 11 very qualified applicants from which to select only one individual. Councihnember Granath supported the weighted voting; however, he shared Councilmember Anderson's concern about the process. He stated that ideally, voters would directly be making this decision. Manager Johnson recommended that if the Council uses a written ballot method, that Councihnembers sign their ballots which would be public information. He described for the public the process used for the Ward 2 vacancy, including extensive written interviews, as well as oral interviews of the 11 candidates. Councilmember Helliwell supported the weighted balloting, noting that the ballots would be signed and would be public information. She stated concerns with the nomination process. An individual may not initially be supported by a majority of the Council and would not be considered further, but under weighted voting, they could still be considered a finalist longer in the process. Councihnember Edson stated that weighted voting is not a fair method because there is the potential for someone who receives many second or third place votes to have more total points than someone who receives several first place votes. He stated that if the direct nomination process is not used, a more fair approach to the weighted method would be the caucus method. He also requested that all votes relating to the Ward 2 appointment be by roll call. Discussion was held on how the names should be reported back to the City Council after each ballot, including how many finalist names should result from each balloting round and whether the names should be read in order of votes received. Council discussion was held on a letter received from the Attorney General that specifically states the Council should not redelegate their duties and responsibilities to the electorate in filling the Ward 2 vacancy, since the City Charter states that the City Council shall make the appointment. It was noted Regular Council Meeting January 24, 1994 Page 15 that the letter further advises that the Mayor could not break a tie vote on the issue as would occur in a statutory city. Attorney Meller advised that the City Council follow the Attorney General's opinion. Councilmember Lymangood proposed an alternative voting process, similar to the caucus voting method. He stated concern with quickly reducing the number of candidates as this could result in a tie vote. A longer balloting process with more finalists from each ballot round would reduce the number of candidates in a slower manner. MOTION was made by Councilmember Granath, seconded by Councilmember Helliwell, to vote on the previous question. Motion failed: Helliwell and Granath ayes; Lymangood, Edson, Anderson, and Tierney nays. SUBSTITUTE MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to use a weighted balloting process as follows: 1st ballot, Vote for 3, Report Finalists 5+ ties; 2nd ballot, Vote for 3, Report Finalists 3+ ties; 3rd ballot, Vote for 2; Report Finalists 2+ ties; 4th ballot, Vote for 1; Report 1 Councilmember Helliwell asked if Councilmembers must vote for the maximum number of allowed names on each ballot. Councilmember Edson stated that "bullet ballots" would occur if Councilmembers do not vote for the maximum number of candidates allowed on each round and this would add unfair weight to the results. He stated that he would not support that. Manager Johnson stated that the balloting method would not be binding for the Council. It could be used as a guideline and method of discussion. He recommended that at the conclusion of the balloting, the Council should appoint an individual through a separate motion and vote. Motion carried: Lymangood, Helliwell, Granath, and Tierney ayes; Edson and Anderson nays. Regular Council Meeting January 24, 1994 Page 16 Councilmember Granath stated he supported this motion in order to proceed with the appointment process in the expectation that all Councihnembers will participate fully on each ballot in the voting process. MOTION was made by Councilmember Lymangood, seconded by Councilmember Helliwell, that the first ballot would be considered a nominating ballot and results of the balloting be reported in alphabetical order without indication of the weighting. The results of the second and subsequent ballots are to be reported in weighted order, and the number of total votes received is also to be reported. Motion failed: Lymangood and Helliwell ayes; Granath, Edson, Anderson, and Tierney nays. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, that the candidate names be reported in alphabetical order through the third ballot round. Councilmember Lymangood spoke against the amendment, noting it is ' important for Councilmembers to see where support lies along the way with each ballot. Councilmember Granath withdrew his second to the motion. He agreed that the Council needs feedback with regard to support of the candidates, and he believes a report in weighted order may accelerate the process. Mayor Tierney seconded by motion, and further discussion was held. Councilmember Edson and Mayor Tierney, respectively, withdrew their motion and second. MOTION was made by Councilmember Lymangood, seconded by Councilmember Helliwell, that the candidate names be reported after each ballot in the order of votes received, without the actual weighting. Motion carried: Lymangood, Helliwell, Granath, and Tierney ayes; Edson and Anderson nays. The Council voted the first ballot. The ballots were collected by the City Manager for counting, and the Council continued with their next item of business. Regular Council Meeting January 24, 1994 Page 17 ITEM 8-B ZONING ORDINANCE AMENDMENTS AND COMPREHENSIVE PLAN AMENDMENTS RELATING TO PLANNED UNIT DEVELOPMENTS 9( 4009) Community Development Director Hurlburt presented the staff report on proposed Zoning Ordinance Amendments and Comprehensive Plan Amendments relating to Planned Unit Developments. She recommended that the Council adopt the amendments in Sections 1 through 4 relating to the Minor Variance process, Section 5 and the first paragraph of Section 6 that relate to the minimum size for MPUD's. She also supported the Planning Commission recommendation that the Minor Variance process be reviewed by the Commission after one year to determine its effects. She recommended that the remainder of the Planning Commission's recommendations and the proposed comprehensive plan amendments should be tabled for further study. Director Hurlburt stated that later this year, staff will begin working on comprehensive plan amendments for the northwest area of the City, which will include a review of the existing and proposed land uses for the entire City. The issue of planned densities can be considered at that time when more information is available. Also at that time some of the emerging issues such as the new wetland regulations on development patterns could be considered in a more comprehensive mariner. Director Hurlburt stated the Planning Commission discussed whether a staff recommendation should be provided on issues heard by the Commission. She stated it is her opinion that staff should make recommendations to the Commission. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to adopt ORDINANCE 94-4 AMENDING THE ZONING ORDINANCE RELATIVE TO MINOR VARIANCES AND PLANNED UNIT DEVELOPMENTS, as proposed above by Director Hurlburt, with a change in Section 4 that notice requirements for minor variances be 200 feet rather than 100 feet. Councilmember Lymangood stated he supports the proposal for a minor variance process, but feels that 200' would provide more adequate notice, particularly since the normal notice distance for other matters is 500'. MOTION to amend was made by Councilmember Edson, seconded by Councilmember Granath, to include a review of the minor variance process by the Planning Commission and a report to the City Council by January 24, 1995. Motion to amend carried, six ayes. Regular Council Meeting January 24, 1994 Page 18 Mayor Tierney noted two typographical changes in Section 5, which were incorporated into the proposed ordinance. Councilmember Anderson stated that the Planning Commission had recommended that staff not provide recommendations on issues heard by the Commission. He stated he was very concerned that staff input would not be provided as it is critically important that staff provide opinions on planning matters. He would like to see a staff recommendation on every project. Councilmember Helliwell concurred and stated it would be very difficult to determine when recommendations would be made on some projects and not on others. She stated the City Council needs to conduct a study session on the PUD issue. Main motion as amended carried, six ayes. ITEM 8-F APPOINT WARD 2 COUNCILMEMBER Manager Johnson reported on the results of the first ballot to appoint the Ward 2 Councilmember: Morrison and Wold - 1st (tied) Preus - 2nd Martin - 3rd Domagala, Kargas, Shea, Thompson (tied) Councilmembers voted their second ballot from among the candidates listed. ITEM 8-1) POSSIBLE ZONING ORDINANCE AMENDMENT PARKING IN R-1 DISTRICTS Community Development Director Hurlburt stated that Councilmember Edson has brought to staff's attention the issue of parking in single family residential districts. There have been resident complaints that cars have been parked in front yards - not in driveways, or in side yards, but on grassed areas that would normally be maintained as lawns. If the vehicles are licensed and operable, there is no violation of the Zoning Ordinance. She stated that the Zoning Ordinance requires only that there be one off-street parking space per dwelling unit on the lot or adjacent property in R-1 districts. The parking space is not required to be paved. In all districts except R-1 districts, parking areas are required to be covered with a dust -free all-weather surface. Regular Council Meeting January 24, 1994 Page 19 She stated that the Council could limit parking spaces in single family areas to access drives, side and rear yards, thereby prohibiting parking in front yards. Another option would be to expand the requirement for a dust -free all-weather surface to the R-1 district. She recommended that, if desired by the Council, this issue be forwarded to the Planning Commission for discussion and subsequent public hearing on an ordinance amendment. Councilmember Lymangood shared the concern about parking in residential neighborhoods. He stated consideration should be given to the type of vehicle and to how long it is parking. Director Hurlburt stated staff can address the broader issue of vehicle type; however, it is likely to draw significant controversy. Councihnember Edson stated he is also concerned about vehicle type in residential neighborhoods. He noted that a trailer in his neighborhood is parked along the side of a home, infringing on the side yard setback. He stated the issue may not be so much of the type of vehicle, as where it is parked and if it infringes on the rights of abutting property owners. There also may be a difference between a commercial vehicle parking in a driveway because the owner works for a public utility or some other on-call type business and a vehicle used for a home occupation business. MOT10N was made by Councilmember Anderson, seconded by Councilmember Edson, to direct that this issue be forwarded to the Planning Commission for discussion and public hearing on an ordinance amendment to address cars parked in R-1 Districts on areas that are not dust -free all-weather surfaces. . Councilmember Lymangood spoke against the motion. He stated that the issue of commercial vehicles on private residential property and infringement on setbacks are public safety concerns that should also be addressed. Motion carried: five ayes; Lymangood nay. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to direct that the issue of requirements and restrictions on parking commercial and over -sized vehicles in R-1 Districts be discussed by the Planning Commission for a recommendation on whether any ordinance changes should be made. Motion carried, six ayes. Regular Council Meeting January 24, 1994 Page 20 ITEM 8-F APPOINT WARD 2 COUNCILMEMBER Manager Johnson reported on the results of the second ballot to appoint the Ward 2 Councihnember: Morrison - 1st Preus and Wold (tied) Councihnembers voted their third ballot from among the candidates listed. ITEM 8-E REVISIONS TO CITY PERSONNEL POLICY Personnel Coordinator Sobania presented proposed revisions to the City's Personnel Policy. Councibnember Edson asked if the proposed changes have been reviewed by the City Attorney. Coordinator Sobania responded that some portions of the policy have been reviewed by the City Attorney. Attorney Meller stated he would like a chance to review the proposed changes. MOTION was made by Councilmember Edson, seconded by Councihnember Granath, to table the revisions to the City Personnel Policy to February 7. Motion carried, six ayes. ITEM 8-F APPOINT WARD 2 COUNCILMEMBER Manager Johnson reported on the results of the third ballot to appoint the Ward 2 Councihnember: Morrison - 1st Wold - 2nd Councilmembers voted their fourth ballot from among the candidates listed. Regular Council Meeting January 24, 1994 Page 21 ITEM 9-A AMENDMENT TO MEMBERSHIP STRUCTURE OF WATER QUALITY COMMITTEE Clerk Rauenhorst presented options for amending the membership structure of the Water Quality Committee. Discussion was held by the Council on the various options. Councilmember Lymangood stated he would prefer a seven -member committee for consistency with many of the City's other advisory commissions. He stated concern that this is the only City commission where a staff member serves as a voting member. He suggested this be eliminated or replaced with a Councilmember. Manager Johnson verified that this is the only committee where a staff member is a voting member. He stated the Council Coordinating Representatives are also non-voting members of the Commissions. Councilmember Edson stated he does not support a staff member serving as a voting member because it is not appropriate to place a staff member in the position of breaking a tie vote. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt RESOLUTION 94-44 AMENDING CHARGE OF THE WATER QUALITY COMNHTTEE REGARDING MEMBERSHIP COMPOSITION, establishing a seven -member commission with four members designated from wards and three designated at -large. Motion carried, six ayes. Councilmember Lymangood noted that the actual charge of the Water Quality Committee has not been reviewed since 1991. He suggested that staff and/or the Committee be requested to review the charge and recommend changes. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to direct staff and the Water Quality Committee to review the charge of the committee and provide recommendations to the City Council for changes. Motion carried, six ayes. Regular Council Meeting January 24, 1994 Page 22 ITEM S -F APPOINT WARD 2 COUNCELMEMBER Manager Johnson reported on the results of the fourth ballot to appoint the Ward 2 Councilmember: Morrison - 1st Wold - 2nd MOTION was made by Councilmember Lymangood, seconded by Councilmember Filson, to appoint Sheryl Morrison as the Ward 2 Councilmember to a term to fill the vacancy until the next General Election. Motion carried: five ayes, Helliwell nay. Councihnember Helliwell stated that Ms. Morrison is an excellent candidate; however, her nay vote is based on the fact that Ms. Morrison is an attorney and there are two other attorneys currently serving on the City Council. She believes diversity is important. MOTION was made by Councilmember Lymangood, seconded by Mayor Tierney, to designate the administration of the Oath of Office for Ms. Morrison for February 7. Motion carried, six ayes. Councihnember Granath thanked all candidates for participating in the process and he complimented their qualifications. ITEM 9-B CITY COUNCIL GOALS, OBJECTIVES, WORK PLAN Manager Johnson presented options for the Council to consider in establishing goals and objectives, a workplan, mission statement, and teambuilding for the upcoming year. The Council discussed the various elements of the proposal, including the content and length of the session, whether a facilitator is needed, and possible dates for the session. Manager Johnson suggested that the Council could delay setting a specific date. He proposed that the Council could spend three to four hours on a Monday evening to develop the Mission Statement and Goals and Objectives. Staff could then develop a proposed workplan from that information. Regular Council Meeting January 24, 1994 Page 23 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to direct staff to proceed with proposing a process whereby the Council would develop a Mission Statement and Goals and Objectives from which staff would develop a workplan, without the use of a facilitator. Motion carried, six ayes. Mayor Tierney requested that staff provide draft goals and objectives to the Council so they can begin review. ITEM 9-C CITY COUNCIL MEETING TIMES AND SCHEDULES Mayor Tierney reported that a letter was received from the City of Maple Grove suggesting that the Plymouth and Maple Grove City Councils conduct a joint meeting in 1994. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to direct staff to respond with a letter to Maple Grove that the Council is interested in participating in a joint meeting and that a date will be established in the next few months. Motion carried, six ayes. MOTION was made by Councibnember Lymangood, seconded by Councilmember Anderson, that the topic for the January 27 study session be amended to conduct board and commission applicant interviews. Motion carried, six ayes. Manager Johnson recommended various options for conduct of the Plymouth Forum. One option would be to schedule the Forum 15 minutes before each regular Council meeting. Discussion was held on whether individuals wishing to speak at the Forum should be required to notify the City Manager prior to the meeting to be placed on the agenda for the Forum. Councilmember Helliwell objected to a process where residents would need to register in advance to speak at the Forum. Regular Council Meeting January 24, 1994 Page 24 MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to incorporate the Plymouth Forum as the first 15 minutes of each Council meeting from 7:00 to 7:15 p.m. Councibnember Helliwell stated the Forum is intended to be an informal opportunity for citizens to address the Council and it may be intimidating for some individuals if the Forum is televised. Councilmember Anderson stated that if the issue is important to the individual, they will appear at the Forum whether or not it is televised. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to limit debate and vote on the motion. Motion to limit debate carried, six ayes. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to schedule a study session for 5:30 p.m. on February 7 and February 28. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Anderson, to schedule the City Manager's Evaluation as a closed session at 5:30 p.m. on January 31. Motion carried, six ayes. Councilmember Anderson stated he has a conflict and will be unable to attend the February 7 Council meeting. He requested that the Council delay consideration of the Sam's Club issue for February 28 when he will be present. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to direct staff to schedule the Sam's Chub item for the February 28 agenda. Motion carried, six ayes. ITEM 9-D CITY COUNCIL REQUESTS STATUS The City Council reviewed the Requests Status. Regular Council Meeting January 24, 1994 Page 25 ITEM 9-E TRAFFIC PROBLEM ON 19TH AVENUE NORTH Mayor Tierney stated she has visited the location of the speed humps in Brooklyn Center. She noted that this will be considered with the 25th Avenue reconstruction project, but asked if the Council wants to consider the 19th Avenue speeding problem as well, or wait until the 19th Avenue residents present a formal request. Councilmember Lymangood stated that the Council has incorporated the forum into the regular Council meetings, so staff could contact Mr. Olson notifying him of the receipt of his letter and inviting the residents to speak to the Council at a future Forum. ITEM 9-F WETLANDS DISCUSSION Councilmember Lymangood stated that as Plymouth further develops, water quality, structure setbacks and natural buffer zones must be addressed. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to direct staff to provide a preliminary report on February 28 with options that might be available to the Council on buffer zones and setbacks to wetlands. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adjourn the meeting at 11:16 p.m. Motion carried, six ayes. City Clerk