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HomeMy WebLinkAboutCity Council Minutes 02-07-1994MINU'T'ES REGULAR COUNCIL MEETING FEBRUARY 7, 1994 Newly appointed Ward 2 Councilmember Sheryl Morrison was administered the Oath of Office by Clerk Rauenhorst. 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 Boulevard, on February 7, 1994. PRESENT: Mayor Tierney, Councilmembers Helliwell, Granath, Edson, Lymangood, and Morrison ABSENT: Councilmember Anderson STAFF PRESENT: City Manager Johnson, Assistant City Manager Lueckert, Community Development Director Hurlburt, Public Works Director Moore, Park Director Blank, Public Safety Director Gerdes, Finance Director Hahn, Fire Chief Kline, Forester Buck, City Attorney Barnard, and City Clerk Rauenhorst ITEM 4-A FIRE PREVENTION POSTER CONTEST WINNER Fire Chief Kline introduced Jesse Strouth, a 4th grader at Plymouth Creek Elementary School. He congratulated Jesse on behalf of the Plymouth Fire Department and the State Fire Chiefs Association for his winning entry in the fire prevention poster contest. ITEM 4-B WILLIAM HILL, KIDS FOR SAVING EARTH Mayor Tierney announced the death of William Hill, co-founder with his wife Tessa of the Kids for Saving Earth organization. She asked that residents remember the Hill family through a silent invocation. ITEM 5 APPROVE AGENDA Mayor Tierney suggested that Item 9-G - City Manager Evaluation, be added to the agenda. MOTION was made by Councilmember Edson, seconded by Councihnember Granath, to approve the agenda with the addition of 9-G, City Manager Evaluation. Council Minutes February 7, 1994 Page 2 Motion carried, six ayes. ITEM 6 CONSENT AGENDA Mayor Tierney announced that a correction has been made to the draft January 24 Council minutes regarding the results of the first ballot for the Ward 2 Councilmember appointment. Items 6-J, 6-L, 6-P-5, and 6-P-11 were removed from the Consent Agenda. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to approve the Consent Agenda as amended. Motion carried, six ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to approve the City Council minutes of the January 22, 1994 Special Meeting, January 24, 1994 Plymouth Forum, January 24, 1994 Regular Meeting, and January 31, 1994 Special Meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-45 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 31, 1994. Motion carried, six ayes. ITEM 6-C ADOPT PARK RENTAL FEES MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-46 ADOPTING 1994 PARK FACILITIES RENTAL POLICIES AND FEE SCHEDULE. Motion carried, six ayes. Council Minutes February 7, 1994 Page 3 ITEM 6-D PROCLAIM AMERICAN HEART MONTH MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-47 PROCLAIMING FEBRUARY AS AMERICAN HEART MONTH. Motion carried, six ayes. ITEM 6-E ABINGDON COMPANY. FINAL PLAT/PLAN FOR CAVAN MEADOWS (93062) MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-48 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR ABINGDON DEVELOPMENT CORPORATION FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE NORTH 93062). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councihnember Edson, to adopt RESOLUTION NO. 94-49 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR ABINGDON COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF OLD ROCKFORD ROAD AND DUNKIRK LANE NORTH 93062). Motion carried, six ayes. ITEM 6-F COMMERCIAL PROPERTY ASSOCIATES. FINAL PLAT FOR REBECCA WOODS (93121) MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-50 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR COMMERCIAL PROPERTY ASSOCIATES FOR "REBECCA WOODS" FOR PROPERTY LOCATED AT COUNTY ROAD 101 AND 22ND AVENUE NORTH (93121). Motion carried, six ayes. Council Minutes February 7, 1994 Page 4 MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-51 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR COMMERCIAL PROPERTY ASSOCIATES FOR "REBECCA WOODS" FOR PROPERTY LOCATED AT COUNTY ROAD 101 AND 22ND AVENUE NORTH (93121). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-52 ADOPTING ASSESSMENTS, CITY PROJECT NO. 407, SANITARY SEWER LATERAL, REBECCA WOODS ADDITION. Motion carried, six ayes. ITEM 6-G RYAN CONSTRUCTION COMPANY. SITE PLAN AMENDMENT 93140 MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-53 APPROVING SITE PLAN AMENDMENT FOR AMERIDATA FOR PROPERTY LOCATED AT 10200 51ST AVENUE NORTH (93140). Motion carried, six ayes. ITEM 6-H A.J. POPPELAARS. FINAL PLAT FOR PONDEROSA WOODS 3RD ADDITION (94004) MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-54 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR A.J. POPPELAARS FOR PONDEROSA WOODS 3RD ADDITION FOR PROPERTY LOCATED AT 18TH AVENUE NORTH AND KIRKWOOD LANE (94004). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-55 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR A.J. POPPELAARS FOR PONDEROSA WOODS 3RD ADDITION FOR PROPERTY LOCATED AT 18TH AVENUE NORTH AND KIRKWOOD LANE (94004). Council Minutes February 7, 1994 Page 5 Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-56 ADOPTING ASSESSMENTS, CITY PROJECT NO. 409, WATERMAIN AREA, PONDEROSA WOODS 3RD ADDITION. Motion carried, six ayes. ITEM 6-I LUNDGREN BROTHERS CONSTRUCTION. FINAL PLAT FOR AUTUMN HILLS 2ND ADDITION (94005) MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-57 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY, INC., FOR "AUTUMN HILLS 2ND ADDITION," PROPERTY LOCATED NORTHWEST OF 40TH AVENUE NORTH AND VICKSBURG LANE (94005). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-58 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY, INC., FOR "AUTUMN HILLS 2ND ADDITION" FOR PROPERTY LOCATED AT 40TH AVENUE NORTH AT VICKSBURG LANE (94005). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-59 ADOPTING ASSESSMENTS, CITY PROJECT NO. 408, SANITARY SEWER AND WATERMAIN AREA - AUTUMN HILLS 2ND ADDITION. Motion carried, six ayes. ITEM 6-J DIRECT STAFF TO STUDY SNOWMOBILE ORDINANCE Councilmember Helliwell agreed with the staff recommendation that the City's snowmobile ordinance be studied for possible revision. She asked if citizen input would be included in the process. Council Minutes February 7, 1994 Page 6 Public Safety Director Gerdes responded that study meetings will be held with groups who are in favor of snowmobiling in the City, as well as groups that have experienced problems with snowmobiles. Staff will also include any interested neighborhood groups that may form on the issue. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to direct the Public Safety Department to begin a study for possible changes in Plymouth's snowmobile ordinance. Motion carried, six ayes. ITEM 6-K AWARD STREET TREE TRIMMING BID MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-60 APPROVING 1994 STREET TREE TRIMMING CONTRACT. Motion carried, six ayes. ITEM 6-L RESOLUTION FOR COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM Forester Buck described the proposed Community Roadside Landscaping Partnership Program. He stated the southeast quadrant of I-494 and Carlson Parkway is proposed for improvement this year and about 150 volunteers will be needed for the project. Councilmember Lymangood stated this looks like an excellent program and he supports the City developing an overall program for greening the roadways in the City. MOTION was made by Councilmember Lymangood, seconded by Councilmember Granath, to adopt RESOLUTION NO. 94-61 AUTHORIZING APPLICATION AND PRIMARY CONTACT PERSON TO THE COMMUNITY ROADSIDE LANDSCAPING PARTNERSHIP PROGRAM. Motion carried, six ayes. Council Minutes February 7, 1994 Page 7 ITEM 6-M RECEIVE PETITION AND PRELIMINARY ENGINEERING REPORT, AND ORDER STREET LIGHTING IMPROVEMENTS MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-62 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - PLYMOUTH OAKS ADDITION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-63 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - PLYMOUTH OAKS ADDITION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-64 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - WESTBRANCH ADDITION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-65 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING - WESTBRANCH ADDITION. Motion carried, six ayes. ITEM 6-N RECEIVE PETITIONS AND SET PUBLIC HEARINGS ON VACATION OF EASEMENTS MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-66 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT - LOT 1, BLOCK 1, PARKERS LAKE CORPORATE CENTER. Motion carried, six ayes. Council Minutes February 7, 1994 Page 8 MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-67 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT - OUTLOT C, PARKERS LAKE CORPORATE CENTER 3RD ADDITION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-68 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE EASEMENTS FOR PONDING PURPOSES - OUTLOT E, WILD WINGS 2ND ADDITION. Motion carried, six ayes. ITEM 6-0 GRANT FLOWAGE EASEMENT TO MINNEHAHA CREEK WATERSHED DISTRICT MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-69 APPROVING FLOWAGE EASEMENTS GLEASON LAKE OUTLET MODIFICATION. Motion carried, six ayes. ITEM 6-P DEVELOPMENT CONTRACT BOND REDUCTIONS Councilmember Helliwell stated there have been concerns about drainage in Parkers Lake North 9th Addition and Parkers Lake North 2nd Addition. She asked if further site drainage/grading improvements are needed and if an adequate bond amount remains. Public Works Director stated the proposed development contract bond reductions only affect public improvements - none of the private site improvements. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-70 REDUCING DEVELOPMENT BOND - SEVEN PONDS 2ND ADDITION (91062). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-71 REDUCING DEVELOPMENT BOND - SEVEN PONDS 3RD ADDITION (92005). Council Minutes February 7, 1994 Page 9 Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-72 REDUCING DEVELOPMENT BOND - SEVEN PONDS 4TH ADDITION (92017). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-73 REDUCING DEVELOPMENT BOND - PLYMOUTH POINTE ADDITION (92034). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to adopt RESOLUTION NO. 94-74 REDUCING DEVELOPMENT BOND - PARKERS LAKE NORTH 9TH ADDITION (93067). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-75 REDUCING DEVELOPMENT BOND - PINE CREEK ADDITION (92020). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-76 REDUCING DEVELOPMENT BOND - HEATHER RUN ADDITION (92035). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-77 REDUCING DEVELOPMENT BOND - GOLFVIEW ESTATES ADDITION (91047). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-78 REDUCING DEVELOPMENT BOND - EAGLEWOOD ADDITION (92110). Motion carried, six ayes. Council Minutes February 7, 1994 Page 10 MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION NO. 94-79 REDUCING DEVELOPMENT BOND - HERITAGE WOODS ESTATES 2ND ADDITION (89087). Motion carried, six ayes. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to adopt RESOLUTION 94-80 REDUCING DEVELOPMENT BOND - PARKERS LAKE NORTH 2ND ADDITION/SHENANDOAH LAND EXTENSION (93067). Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 94-81 REDUCING DEVELOPMENT BOND - HAWTHORNE PLACE ADDITION (90006). Motion carried, six ayes. ITEM 7-A ASSESSMENTS FOR WEED ERADICATION. ROLL 2 Finance Director Hahn presented the proposed assessments for weed eradication, and a letter of objection received from Keith Behrens, 5620 Teakwood Lane North. Mayor Tierney opened the assessment hearing on weed eradication at 7:24 p.m. No one appeared, and the hearing was closed. Forester Buck responded to questions about the weed eradication at 5620 Teakwood Lane. He stated that three owners in that area received notice to cut weeds on their properties. When staff returned to the area several weeks later, only one of those properties had been mowed. The weeds at 5620 Teakwood Lane had not been mowed, and he showed a photograph of the weeds at this address. MOTION was made by Councilmember Edson, seconded by Councilmember Morrison, to adopt RESOLUTION 94-82 ADOPTING ASSESSMENTS, 1993 WEED ERADICATION AND DESTRUCTION, ROLL 2, as recommended by staff. Motion carried, six ayes. Council Minutes February 7, 1994 Page 11 ITEM 8-A PROPOSED ZONING ORDINANCE AMENDMENTS REGARDING AUTO SALES IN THE INDUSTRIAL DISTRICT (94002) Community Development Director Hurlburt presented the staff report on proposed Zoning Ordinance amendments to establish a conditional use permit process for limited outdoor automobile sales in the I-1 District. She stated the City Council previously directed the Planning Commission to consider amendments that would allow the City to consider the issuance of permits for the proposed United Auto Exchange, a business proposing to locate on the former site of the Minneapolis Auto Auction, 1135 Nathan Lane. The Planning Commission conducted a public hearing on the proposed ordinance and recommended approval on a 3-2 vote. Director Hurlburt stated the proposed ordinance contains a set of standards that must be met by an applicant for a conditional use permit including limitation on days and hours of operation, limitation on use of structures, limitations on the amount of parking area to be used, distance from residential zoning districts, limits on other related activities, and roadway access. She stated the Planning Commission had a number of concerns about the proposed ordinance change. Currently, retail sales in the I-1 District are limited and must be accessory to a permitted industrial use. This amendment would be opening the door to retail sales in the I-1 District as a separate business. There was also concern that the use might conflict with Minnesota laws prohibiting licensed automobile dealers from selling cars on Sunday. The proponents indicated they will not be automobile dealers and that all sales will be from individuals to individuals. Commissioners also noted that the conditions ensure that very few sites in Plymouth could be eligible for such a permit and that the former auto auction site is unique based on its history and large parking lot. Mayor Tierney asked if this ordinance amendment would be applicable to all I-1 Districts or only the previous Minneapolis Auto Auction site. Director Hurlburt stated that it would be applicable to all sites in I-1 Districts that can meet the proposed ordinance standards. Rick Ponthan, 2634 Rice Creek Terrace, represented United Auto Exchange. He stated the United Auto Exchange would provide a needed service in the community and would be an opportunity for individuals to buy and/or sell a vehicle without going through a typical process at an auto dealership. He stated this business will not be an automobile dealership. They will only provide a location where individuals can buy and sell vehicles. Council Minutes February 7, 1994 Page 12 In response to questions from Councilmember Morrison, Mr. Ponthan stated there is a similar business in White Bear Lake. He expects that the United Auto Exchange would have about 300 participants per weekend, although there is sufficient space to go over 500 participants without problem. Councilmember Helliwell stated one safety concern is the nearby active railroad track that has no crossing arms, lights, or signals. Mayor Tierney noted that one of the conditions indicates that the site shall be located no closer than 500' to residences; however, individuals will have the opportunity to test drive vehicles and that could be in residential neighborhoods. Mr. Ponthan stated they have made no plans for directing traffic, but he believes that individuals would travel east in order to test drive vehicles on Highway 169. He stated that individuals could be given directions of Highway 169 to Plymouth Avenue in order to access the property. In response to questions by Mayor Tierney, Mr. Ponthan stated they have not considered other sites in the City. They are prepared to do so because they feel strongly about the business concept. Councilmember Edson stated that when the Hedberg request was made last year there were neighborhood concerns about having a business with traffic concentration on the weekends. He also noted that streets in this area are not upgraded to current City standards to accommodate heavy traffic. Councilmember Granath supported the business concept, but shared concerns about weekend traffic and the close proximity to residences. He stated that it is not desirable to have vehicles in a parking lot at 10:00 p.m. near a residential neighborhood. Mr. Ponthan stated the ordinance was written with a 10:00 p.m. limit; however, their proposed operating hours are much earlier. The intention is to have every person off the property by 7:00 p.m. on Saturdays, and by 8:00 p.m. on Sundays. Councihnember Helliwell asked if dismantled vehicles and vehicle parts would be sold. Mr. Rude, 11200 32nd Avenue, representing the United Auto Exchange, stated that no parts sales or dismantled vehicles would be allowed. All vehicles will have to be driven on and off the property. He does not believe that traffic flow will be a concern, and stated that the exit from the rear of the lot that connects to Highway 55 could also be used. He stated they have access to commercial bathrooms and have considered renting portable facilities. He believes there will be only about Council Minutes February 7, 1994 Page 13 150 vehicles on display each day. The former auto auction accommodated over 1,000 vehicles, so parking capacity is no problem. Mr. Rude stated the Planning Commission commented that this business may result in fewer parked vehicles in the City with "For Sale" signs. This proposal will get those vehicles off the street and into an area where they can be sold. He stated that this location is ideal because of its proximity to the emissions test facility on the east side of Highway 169. Councilmember Morrison asked why this use would not be allowed under the City's ordinance when the Minneapolis Auto Auction was previously on the site. Director Hurlburt explained that the Minneapolis Auto Auction was a nonconforming use that was discontinued. Councilmember Lymangood asked if this type of business would be allowed in the retail districts. Director Hurlburt stated it could be located in the B-3 district which specifically allows automobile sales. Mayor Tierney asked if there is B-3 District property available in the City. Director Hurlburt stated there is currently very little B District property of any classification in the City. Councilmember Helliwell asked if there have been discussions with the neighbors about the proposed business. Director Hurlburt stated that if the zoning amendments are approved, the United Auto Exchange owners could apply for a conditional use permit to allow the use on this site. All property owners within 500' of the proposed site would be notified of the Planning Commission hearing on the conditional use permit. Mr. Rude stated that no discussions with the abutting property owners have yet been held. Councilmember Helliwell stated that the Council limited the weekend use on the Hedberg property, north of this site, to a 4:00 p.m. closing. She asked if the conditional use permit could be granted on a year-to-year basis. Mr. Rude stated that neighbors were previously concerned because the Minneapolis Auto Auction operated until midnight and had loudspeakers that were a disturbance to the residential neighborhood. Council Minutes February 7, 1994 Page 14 Director Hurlburt stated that a conditional use permit could be issued by the Council on an annual basis and, if desired, the Council could further restrict the hours of operation in the ordinance, rather than as a condition of a future conditional use permit. Councilmember Edson stated his main concern is that this is an older area of the City and there are no buffer areas. He would prefer to have public input on the proposed ordinance, and suggested that if the Council wishes to proceed with the request, the public notice area should be extended to 1,000 feet. Director Hurlburt stated the 1,000 ft. notice requirement for the conditional use permit can be added to the ordinance, as well as the annual renewal requirement. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt an ordinance to establish a conditional use permit process for limited outdoor automobile sales in the I-1 Planned Industrial District, as recommended by the Planning Commission. MOTION to amend was made by Councilmember Helliwell, seconded by Councilmember Granath, that the hours of operation be limited to 8:00 a.m. to 7:00 p.m.; that a 1,000 ft. notification be provided for the conditional use permit hearing; and that sales shall be limited to operable motor vehicles and shall not include inoperable vehicles or parts. Councilmember Helliwell asked if all vehicles must be removed from the site on Sunday if they are not sold on the weekend. Mr. Ponthan stated that vehicles could be left overnight during the weekend sales, but would have to be removed on Sunday or the last day of weekend sales. They are checking on security methods for this site. Manager Johnson suggested that the Council move on to another item of business to allow the City Attorney and staff time to draft ordinance language to include the conditions added in the motion. Councilmember Lymangood stated the Council has also delayed items needing a supermajority vote to a future meeting so that the full Council is present. Councilmember Helliwell stated she is prepared to vote on the ordinance amendment, but will make no decision on the conditional use permit until the public hearing has been held. Council Minutes February 7, 1994 Page 15 Mayor Tierney stated that she is comfortable with only the concept, and not necessarily the location. MOTION was made by Councilmember Morrison, seconded by Councilmember Edson, to table the issue until later in the meeting to allow the City Attorney and staff time to draft specific proposed ordinance language. Motion carried, six ayes. ITEM 8-B ADOPT PERSONNEL POLICY CHANGES Assistant Manager Lueckert described the proposed changes to the City's Personnel Policy. She noted this was tabled from the January 24 meeting for City Attorney review of the proposed changes. The City Attorney has reviewed and approved the proposed changes. Manager Johnson stated the Council previously reviewed the proposed changes at a study session and discussion was held on Section 2-1 relating to the City's drug and alcohol testing policy. Councilmember Granath stated he supports the principal proposed for testing, but would like additional information on this policy and the testing procedures. MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-83 APPROVING REVISIONS TO T11 'PERSONNEL POLICY, deleting modifications to Section 2-1. Councilmember Edson clarified that the existing Section 2-1 will remain in place until revisions are further considered by the City Council. Motion carried, six ayes. ITEM 8-C 1994 COMPENSATION AND CLASSIFICATION PLAN Assistant Manager Lueckert presented the proposed 1994 Compensation and Classification Plan. She stated the position/salary grade chart includes all positions in the City. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-84 APPROVING THE 1994 CLASSIFICATION AND COMPENSATION BIPLEMENTATION PLAN. Motion carried, six ayes. Council Minutes February 7, 1994 Page 16 ITEM 9-A DESIGNATE OFFICIAL NEWSPAPER Mayor Tierney stated that the vote on designation of the official newspaper resulted in a 3-3 tie on January 3. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adopt RESOLUTION 94-85 DESIGNATING OFFICIAL NEWSPAPER FOR 1994, the Plymouth Sailor. Councilmember Granath spoke in opposition to the motion. He stated that the principal reason he supports designation of the Weekly is that the Sailor has been designated for several years and the City may inadvertently be promoting a monopoly. He believes the 160 distribution points throughout the City used by the Weekly are adequate. Councilmember Edson stated the Plymouth Sailor has a home delivery circulation of 17,323, compared to the Weekly circulation via resident pick-up of 8,800. He stated that there are over 20,000 dwelling units in the City, and 8,800 circulation is not adequate. In addition, the Plymouth Sailor is making an effort to expand their circulation. Councilmember Lymangood supported the Weekly News because of its editorial policies, but stated this is not a major issue for the City and needs to be resolved. Councilmember Morrison shared Councilmember Edson's concerns about circulation. She stated that public notice of Council items under consideration is important and needs to be provided to as many people as possible. She stated that letters to the editor are for the purpose of expressing opinion. If those letters get into political bashing, she would hope that the writers of the letters would show responsibility and discretion; it is not the newspaper's responsibility. Councilmember Helliwell agreed that this is not a large issue for the City. She stated that on January 3 she supported designation of the Weekly News; however, she will now change her support to the Plymouth Sailor due to circulation and delivery. She stated the Weekly News is an excellent newspaper, but it is more prevalent in the southern area of Plymouth, and the Sailor is delivered to individual homes. Motion carried: Helliwell, Edson, Morrison, Tierney ayes; Granath and Lymangood nays. Mayor Tierney thanked both newspapers for their fine coverage of City events. Council Minutes February 7, 1994 Page 17 ITEM 8-A PROPOSED ZONING ORDINANCE AMENDMENTS REGARDING AUTO SALES IN THE INDUSTRIAL DISTRICT (94002) Attorney Barnard distributed proposed ordinance language for Council consideration. Councilmember Granath stated that as the Ward 3 Councilmember, he will support the ordinance as amended and the concept of the business; however, he has strong reservations about the proposed site. Councilmember Lymangood stated he will not support the ordinance because there are areas currently zoned in the City where this type of business could locate. Councilmember Morrison stated she is opposed to adopting an ordinance amendment until the Council is made aware of what existing retail sites are available for this proposed use. MOTION was made by Councilmember Helliwell, seconded by Councilmember Edson, to table this issue to February 28 for clarification on what alternate sites may be available in the retail districts. Motion carried, six ayes. ITEM 9-B APPOINT COUNCIL COORDINATING REPRESENTATIVES AND AGENCY APPOINTMENTS MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 94-86 'APPOINTING COUNCIL COORDINATING REPRESENTATIVES (CCR) FOR 1994. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councihnember Granath, to adopt RESOLUTION 94-87 APPOINTMENTS TO SUBURBAN RATE AUTHORITY. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-88 APPOINTMENTS TO MUNICIPAL LEGISLATIVE COMMISSION. Motion carried, six ayes. Council Minutes February 7, 1994 Page 18 MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION 94-89 APPOINTMENT TO PLYMOUTH CIVIC LEAGUE. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adopt RESOLUTION 94-90 APPOINTMENTS TO NORTHWEST SUBURBS CABLE COMMUNICATION COMMISSION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Edson, to adopt RESOLUTION 94-91 APPOINTMENT TO NORTHWEST SUBURBS COMMUNITY ACCESS CORPORATION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-92 APPOINTMENTS TO WAYZATA-PLYMOUTH CHEMICAL HEALTH COMMISSION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Granath, to adopt RESOLUTION 94-93 APPOINTMENT TO ENVIRONMENTAL CITIES COALITION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to eliminate designation of the City's Fence Viewer. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Morrison, to appoint Joy Tierney and Dwight Johnson to continued terms on the Community Collaboration Task Force for School District 284. Motion carried, six ayes. Council Minutes February 7, 1994 Page 19 ITEM 9-C APPOINTMENTS TO BOARDS AND COMMISSIONS Mayor Tierney announced that during January, the Council interviewed about 75 applicants to City boards and commissions. The Council discussed the various LTZ1*101610I.9 Mayor Tierney noted that some of the applicants do not meet the two-year residency indicated in the Council's Board and Commission Policy. Councilmember Edson stated that in the past Councilmembers have been elected who could not have met a two-year residency requirement. This should not be imposed on board and commission members. Staff was requested to propose an amendment to the policy for consideration by the Council at a future meeting. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-94 APPOINTMENTS TO PLANNING COMMISSION. Motion carried, six ayes. MOTION was made by Councilmember Morrison, seconded by Councilmember Edson, to adopt RESOLUTION 94-95 APPOINTMENTS TO PARK AND RECREATION ADVISORY COMMISSION. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION 94-96 APPOINTMENTS TO BOARD OF ZONING ADJUSTMENTS AND APPEALS. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Morrison, to adopt RESOLUTION 94-97 APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY. Motion carried, six ayes. MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 94-98 APPOINTMENTS TO FINANCIAL ADVISORY COMMITTEE. Motion carried, six ayes. Council Minutes February 7, 1994 Page 20 MOTION was made by Councilmember Morrison, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-99 APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES PLANNING BOARD. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-100 APPOINTMENTS TO NORTHWEST HENNEPIN HUMAN SERVICES. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-101 APPOINTMENTS TO WATER QUALITY COMMITTEE. Motion carried, six ayes. MOTION was made by Councilmember Granath, seconded by Councilmember Edson, to adopt RESOLUTION 94-102 APPOINTMENTS TO HUMAN RIGHTS COMMISSION. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to direct staff to advertise for interested applicants to fill the Ward 3 vacancy on the Human Rights Commission. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Morrison, to adopt RESOLUTION 94-103 APPOINTMENTS TO OPEN SPACE COMMITTEE. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Granath, to appoint Councilmember Lymangood as the Council Representative to the Open Space Committee. Motion carried, six ayes. Council Minutes February 7, 1994 Page 21 ITEM 9-D ADOPT 1994 PARK DEDICATION FEES Park Director Blank recommended that park dedication fees be increased from 885 to $940 per unit for residential property and $3,600 to $3,750 per acre for commercial/industrial property. Councilmember Edson suggested that it may be appropriate to refer the park dedication policy to the Financial Advisory Committee to request that they recommend an ongoing, consistent plan that is financially viable to provide for adequate fund balances for the City in the future. This should be completed before the 1995 rates are proposed. MOTION was made by Councilmember Edson, seconded by Councilmember Helliwell, to adopt RESOLUTION 94-104 APPROVING SETTING PARK DEDICATION FEES FOR 1994, and to request the Financial Advisory Committee to recommend by October, 1994, a future plan for establishing park dedication fees. Motion carried, six ayes. ITEM 9-E INSURANCE CLAIMS REPORT Finance Director Hahn presented the insurance claims status report which includes claim activity through December 31, 1993. MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to accept the insurance claims report. Motion carried, six ayes. ITEM 9-F COUNCIL MEETING TIMES MOTION was made by Councilmember Helliwell, seconded by Mayor Tierney, to begin regular City Council meetings at 7:00 p.m. with the Forum as the first item of business. The Forum will last no longer than 15 minutes, and if the entire time is not needed, the Council will proceed with other items on the agenda. Motion carried, six ayes. ITEM 9-G CITY MANAGER EVALUATION Mayor Tierney stated that the City Council met in closed session on January 31 for the purpose of discussing the City Manager's evaluation. A quorum was not Council Minutes February 7, 1994 Page 22 present, and the Council decided to continue discussions to a future meeting. She suggested that the discussion continue on February 14 at the conclusion of the meeting with state legislators. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to schedule a closed Council meeting on February 14, immediately at the conclusion of the study session with state legislators, to continue the City Manager evaluation. Motion carried, six ayes. MOTION was made by Mayor Tierney, seconded by Councilmember Lymangood, to adjourn the meeting at 9:52 p.m. Motion carried, six ayes. Cit Clerk