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.
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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.
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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
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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
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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