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
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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