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HomeMy WebLinkAboutCity Council Minutes 10-03-1994MINUTES REGULAR COUNCIL MEETING OCTOBER 3, 1994 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on October 3, 1994. PRESENT: Mayor Tierney; Councilmembers Lymangood, Granath, Edson, Anderson, and Morrison. ABSENT: Councilmember Helliwell. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park Director Blank, Planning Supv. Senness, Police Support Services Supv. Cox, Police Lieutenant Ward, Public Safety Education Specialist Cwayna, Fire Chief Kline, Plymouth Firefighters, Attorney Barnard, and City Clerk Ahrens. ITEM 3-A FORUM; NOISE FROM ST. PHILLIPS CHURCH Ed Brunken, 17200 14th Avenue North, stated the noise from the St. Phillip the Deacon Church air conditioning equipment is still intrusive to the enjoyment of his property. He asked what criteria was considered by the City Attorney in issuing an opinion that the noise from St. Philip's Church is not a nuisance under the City ordinance. He stated that the monitoring of the noise that was previously conducted did not correctly measure the noise level, and he requested that the City help to abate the problem. Manager Johnson stated another test was recently conducted at about 2 a.m. and the testing equipment was left up for some period of time as previously requested by Mr. Brunken. He stated that the noise did not exceed the state standards. Attorney Barnard stated that when the state has established a legal limit or standard, it is difficult for the City to establish a different standard. If the specific legal level was not established by the State, the City may have broader discretion in determining an allowable level. Mr. Brunken asked why the Council can take action on excessive noise such as barking dogs or train whistles. Manager Johnson stated the State law does not set a specific noise limit for those as it does for machinery and equipment. Regular Council Meeting October 3, 1994 Page 2 Councilmember Morrison asked if discussions have been held with the church. Mr. Brunken stated he wrote to the church but did not receive a reply. Manager Johnson stated that over a year ago there was a voluntary agreement that the church would run the equipment only during daytime hours, but Mr. Brunken has indicated that this was not adhered. Councilmember Morrison asked if there is legally anything the City can do, if nothing can be worked out on a voluntary basis. Attorney Barnard stated that he knows of no legal basis for proceeding. Councilmember Edson suggested that the church and Mr. Brunken could be directed to the West Suburban Mediation Center Board for possible assistance. Mayor Tierney requested that staff investigate the possibility of mediation and report back to Mr. Brunken. ITEM 4-A LIFE SAFETY AWARD FROM THE INTERNATIONAL ASSOC. OF Mayor Tierney stated the Plymouth Fire Dept. has received the Life Safety Award from the International Association of Fire Chiefs. She presented the award to Fire Chief Kline and Public Safety Director Gerdes. Fire Chief Kline stated this award demonstrates the commitment by the Plymouth Fire Department to providing safety and education to the community. He recognized individuals who assist with delivery of fire safety efforts in the community: Firefighters Cal Johnstrud, Bill Metzger, Larry Bratz, Henry Ahrens, and John Blake; and Public Safety Education Specialist Sara Cwayna. ITEM 4-B WASTE REDUCTION WEEK Mayor Tierney proclaimed October 3-9 as Waste Reduction Week. ITEM 5 APPROVE AGENDA MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to amend the agenda by pulling Item 6-W from Consent and placing it prior to Item 8-A; Moving Item 8-A to follow Item 8-E; and Change Item 9-C to Item 9-A. Regular Council Meeting October 3, 1994 Page 3 Mayor Tierney questioned why some routine items would be moved ahead of items likely to receive public input. Councilmember Granath stated that he will be making a motion to adjourn the meeting no later than 10 p.m. in accordance with the Council's adopted policy. The agenda rearrangement would prioritize the items and make best use of the limited time. Motion carried: five ayes; Tierney nay. MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to add as Item 9-D a letter in the Information Memo from Mona Doumas to Park Director Blank. Motion carried, six ayes. MOTION was made by Councilmember Edson, seconded by Councilmember Lymangood, to remove Items 64 and 6-N from the agenda, as recommended by Manager Johnson. Motion carried, six ayes. MOTION was made by Councilmember Granath, seconded by Councilmember Lymangood, to set a fixed time of adjournment for the meeting at 10:00 p.m. Mayor Tierney stated she will not support the motion as she believes this limits public input on items. Councilmember Lymangood stated there are a number of ways to shorten the meeting time. Councilmember Morrison stated she supports the spirit of the motion, noting that another motion can be made when the time nears 10:00 p.m., if needed to complete an item so that adjournment occurs at a natural break in the meeting. Motion carried, five ayes; Tierney nay. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to approve the agenda as amended. Motion carried, six ayes. Regular Council Meeting October 3, 1994 Page 4 ITEM 6 CONSENT AGENDA MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to approve the Consent Agenda with the inclusion of setting a meeting time for 7:00 p.m. on Item 6-C, and at 7:30 p.m. on November 1 and on 6:00 p.m. on November 3 for Item 6-1). Motion to amend was made by Councilmember Morrison, seconded by Mayor Tierney, to remove Items 6-F and 6-R and place them before Item 8-A. Motion to amend carried, six ayes. Main motion carried, six ayes. ITEM 6-A APPROVE CITY COUNCIL MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to approve the City Council minutes of the July 25 Special Council Meeting and the August 29 Regular Council Meeting. Motion carried, six ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-594 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING SEPTEMBER 23, 1994. Motion carried, six ayes. ITEM 6-C SETTING WARD MEETINGS MOTION was made by Councilmember Anderson, seconded by Councihnember Lymangood, to adopt RESOLUTION 94-595 ESTABLISHING WARD MEETINGS AS SPECIAL COUNCIL MEETINGS. Motion carried, six ayes. ITEM 6-D SETTING CITY ATTORNEY INTERVIEWS MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-596 ESTABLISHING DATES FOR CITY ATTORNEY INTERVIEWS AS SPECIAL COUNCIL MEETINGS. Regular Council Meeting October 3, 1994 Page 5 Motion carried, six ayes. ITEM 6-E LAUKKA-WILLIAMS. SITE PLAN AMENDMENT FOR PARKERS LAKE 10TH ASHBURNE ADDITION (94073) MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-597 APPROVING MPUD FINAL PLAN AMENDMENT FOR LAUKKA WILLIAMS PARKERS LAKE LOCATED AT 24TH AVENUE NORTH ON SHENANDOAH LANE 94073) (MPUD 83-1). Motion carried, six ayes. ITEM 6-F MINTER WISEMAN. PRELIMINARY PLAT AND FINAL PLAT 94095 Councilmember Morrison stated that Item 6-F includes a client of her law firm. She stated it was recently brought to her attention that there may be an appearance of impropriety when she votes on these types of issues, even though a legal conflict of interest does not exist because she has no direct financial interest. She will be abstaining on these types of items to avoid an appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt: RESOLUTION 94-598 APPROVING PRELIMINARY PLAT FOR LEONARD LAMPERT ARCHITECTS FOR PROPERTY LOCATED AT 1035 NATHAN LANE NORTH (94095), RESOLUTION 94-599 APPROVING FINAL PLAT FOR LEONARD LAMPERT ARCHITECTS FOR PROPERTY LOCATED AT 1035 NATHAN LANE NORTH (94095), RESOLUTION 94-600 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR LEONARD LAMPERT ARCHITECTS FOR PROPERTY LOCATED AT 1035 NATHAN LANE NORTH (94095), and RESOLUTION 94-601 APPROVING SITE PLAN FOR LEONARD LAMPERT FOR PROPERTY LOCATED AT 1035 NATHAN LANE NORTH (94095). Motion carried, five ayes; Morrison abstained. Regular Council Meeting October 3, 1994 Page 6 ITEM 6-G CORNERSTONE GROUP/COMMONS AT PARKERS LAKE (94099) MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-602 APPROVING AMENDED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR THE CORNERSTONE GROUP FOR PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION OF NIAGARA LANE NORTH AND 18TH AVENUE NORTH (94099) MPUD 83-1). Motion carried, six ayes. ITEM 6-H PRIME BUH DERS. INC. FINAL PLAT FOR HICKORY HILLS 94091 MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-603 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR PRIME BUILDERS FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF BASS LAKE ROAD AND NATHAN LANE NORTH (94091). Motion carried, six ayes. RESOLUTION 94-604 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF THE RELATED FINAL PLAT FOR PRIME BUILDERS FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OFBASS LAKE ROAD AND NATHAN LANE NORTH (94091). Motion carried, six ayes. RESOLUTION 94-605 ADOPTING ASSESSMENTS, CITY PROJECT NO. 429, SANITARY SEWER AND WATERMAIN AREA, HICKORY HILLS ADDITION. Motion carried, six ayes. Regular Council Meeting October 3, 1994 Page 7 ITEM 6-I ARGUS DEVELOPMENT. REDUCTION OF SITE PERFORMANCE GUARANTEE (92110) MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-606 AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR ARGUS DEVELOPMENT FOR PROPERTY LOCATED NORTHEAST OF COUNTY ROAD 9 AT GOLDENROD LANE NORTH (92110). Motion carried, six ayes. ITEM 6-K INDEMNIFICATION AGREEMENT WITH THE I-494 CORRIDOR COMMISSION MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to approve a reciprocal defense and indemnification agreement between member communities in the I-494 Corridor Commission. Motion carried, six ayes. ITEM 6-L AWARD OF BID - SEVEN PONDS/HEATHER RUN PARK PLAYGROUND EQUIPMENT MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-607 AWARDING BID FOR SEVEN PONDS/HEATHER RUN NEIGHBORHOOD PARK EQUIPMENT. Motion carried, six ayes. ITEM 6-M APPROVE WETLANDS FILLING AND REPLACEMENT: AND CERTIFICATE OF EXEMPTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-608 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR THE PONDS AT BASS CREEK (93106), HARRISON PLACE ON BASS CREEK 94051). Motion carried, six ayes. Regular Council Meeting October 3, 1994 Page 8 MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-609 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR FILLING LESS THAN 10,000 SQUARE FEET, HICKORY HILLS ADDITION (94091). Motion carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-610 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR FILLING OF LESS THAN 10,000 SQUARE FEET, NATHAN LANE 94091). Motion carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-611 APPROVING FILLING WETLANDS AND THE WETLAND REPLACEMENT PLAN FOR FILLING OF LESS THAN 10,000 SQUARE FEET, EDEN TRACE A COMMERCIAL BUILDING (94074). Motion carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-612 AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT, PLYMOUTH TECHNOLOGY PARK. Motion carried, six ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-613A AUTHORIZE THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT; AND RESOLUTION 94-613B AUTHORIZE THE MAYOR TO SIGN THE CERTIFICATE OF EXEMPTION FROM THE 1991 WETLAND ACT FOR SUBURBAN HENNEPIN REGIONAL PARK DISTRICT. Motion carried, six ayes. Regular Council Meeting October 3, 1994 Page 9 ITEM 6-0 APPROVE INSTALLATION OF STOP SIGNS MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-614 INSTALLATION OF STOP SIGNS. Motion carried, six ayes. ITEM 6-P ADOPT ASSESSMENTS FOR COURTYARDS OF PLYMOUTH OAKS ADDITION (94049) MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-615 ADOPTING ASSESSMENTS, CITY PROJECT NO. 428, SANITARY SEWER AND WATERMAIN AREA, COURTYARDS OF PLYMOUTH OAKS. Motion carried, six ayes. ITEM 6-0 AGREEMENT FOR TRAFFIC SIGNAL SYSTEM AT HIGHWAY 55 AND C.R. 24, PROJECT 310 MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-616 TRAFFIC CONTROL SIGNAL AGREEMENT WITH MINNESOTA DEPARTMENT OF TRANSPORTATION, HIGHWAY 55 AND COUNTY ROAD 24, CITY PROJECT NO. 310. Motion carried, six ayes. ITEM 6-R SET PUBLIC HEARING ON VACATION REQUEST Councilmember Morrison stated that this item involves a client of her law firm. She will be abstaining on the item, even though no conflict of interest exists, to avoid any appearance of impropriety. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 94-617 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF NORTHWEST BOULEVARD RIGHT-OF-WAY IN THE SOUTHEAST QUADRANT OF NORTHWEST BOULEVARD AND 54TH AVENUE. Motion carried, five ayes; Morrison abstained. Regular Council Meeting October 3, 1994 Page 10 ITEM 6-S APPROVE GRANT APPLICATION FOR RECYCLING MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-618 AUTHORIZING THE CITY OF PLYMOUTH TO SUBMIT THE FIVE-YEAR MUNICIPAL RECYCLING GRANT APPLICATION. Motion carried, six ayes. ITEM 6-T CHANGE POLLING PLACE FOR PRECINCT 2 MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-619 DESIGNATING GREENWOOD ELEMENTARY SCHOOL AS THE POLLING LOCATION FOR PLYMOUTH PRECINCT 2. Motion carried, six ayes. ITEM 6-U APPOINTMENT TO HENNEPIN COUNTY EMERGENCY COMMUNICATIONS ORGANIZATION MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to appoint Public Safety Director Gerdes and Fire Chief Kline alternate) to the Hennepin County Emergency Communications Organization. Motion carried, six ayes. ITEM 6-V RESOLUTION SUPPORTING NATIONAL PARENTING ASSOC. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-620 SUPPORTING NATIONAL PARENTING ASSOCIATION. Motion carried, six ayes. ITEM 6-W REQUEST FOR STREET MAINTENANCE - CIMMARON EAST MOTION was made by Councilmember Granath, seconded by Councilmember Edson, to direct staff to prepare a policy for City Council consideration by March 1, 1995, which will state the conditions under which the City would assume the maintenance and reconstruction responsibility for existing private streets. Regular Council Meeting October 3, 1994 Page 11 Councilmember Granath stated he will reserve judgment on whether the City should be taking over maintenance of private streets, but he will support further research on the topic. Councilmember Lymangood stated he would prefer that staff investigate options, rather than develop a policy, as stated in the motion. He noted that one option would be to make no changes to the existing policy. Councilmember Anderson proposed an amendment to the motion that staff would prepare options for a policy", rather than "prepare a policy." This was accepted by Councilmember Granath as a friendly amendment, and the main motion was amended. Councilmember Morrison stated the report should include to whom this would apply and future impacts of the various options. Motion carried, six ayes. ITEM 6-X REQUEST FOR PEDESTRIAN SAFETY IMPROVEMENTS ALONG NORTHWEST BLVD. MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to adopt RESOLUTION 94-621 PEDESTRIAN ACCESS STUDY, BASS LAKE PLAYFIELDS. Motion carried, six ayes. ITEM 6-Y SCHMIDT LAKE ROAD - HOLLYDALE GOLF COURSE MOTION was made by Councilmember Anderson, seconded by Councilmember Lymangood, to direct staff to proceed with securing quotes from golf course architects to study the reconfiguration of Hollydale Golf Course, allowing for Schmidt Lake Road construction. Motion carried, six ayes. ITEM 8-B SNOWMOBILE ORDINANCE Public Safety Director Gerdes stated the staff was directed to consider possible revisions to the snowmobile ordinance. He introduced Lieutenant John Ward Public Safety Support Services Supv. Barb Cox who conducted the research and public meetings on the ordinance. Regular Council Meeting October 3, 1994 Page 12 He presented four versions of ordinance revisions. The first would restrict only the hours of operation and brings the snowmobile ordinance in line with the City's noise ordinance. The second version restricts the hours of operation and the location of use to only designated trails and private property of 5 acres and larger. The third version restricts the hours of operation and the location of use to only designated trails. The fourth version bans completely the operation of snowmobiles within the City limits. He recommended that the second version be adopted. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to adopt ORDINANCE 94-17 AMENDING PLYMOUTH CITY CODE REGARDING SNOWMOBILE REGULATIONS, Version 2 of the proposed ordinance. Councilmember Morrison stated that she will support this ordinance because it is a reasonable balance between the rights of snowmobilers and landowners. Mayor Tierney asked if this would prohibit the operation of a snowmobile on a person's own property. Public Safety Director Gerdes stated that operation of a snowmobile could only occur on a person's lot if it is 5 acres or larger. Robert Morris, 15505 45th Avenue North, stated he has been a resident for 13 years and has never noticed a noise problem from snowmobiles. He stated the biggest complaint at the recent public meeting was the operation of snowmobiles on private property and property damage. Staff did not have information on the number and type of snowmobile complaints, and the ordinance should be responsive to the problems. He said that snowmobile owners have made a substantial investment, and the problems noted are enforcement related. He suggested that more enforcement be done and stated that no changes are needed to the existing ordinance. Marsha Videen, 1151 Kingsview Lane North, stated support for severe restrictions or a ban on snowmobiling. She said there have been snowmobiles illegally in Parkers Lake for seven years, and there is inadequate enforcement. She said that the walking paths are not safe for pedestrians with snowmobiles in the area, and they do environmental damage when trees are ruined. Bob Nygaard, 4300 Norwood Lane, represented Polaris Company. He has been a resident for eight years, and stated that Polaris is headquartered in Plymouth. Mr. Nygaard supported the provision of allowing operation only on designated trails and properties of 5 acres or larger. He suggested also allowing their use on nonresidential streets in order to get to a designated trail. He believes that the Regular Council Meeting October 3, 1994 Page 13 noise provision is unnecessary. Mr. Nygaard said that banning or restricting snowmobile use would affect the entire metro area snowmobile trail system. At the public meeting, some property owners indicated they have experienced property damage from snowmobiles. The local snowmobile club has offered to construct snow fences for those property owners, and Polaris has offered the use of two snowmobiles, trailers, and equipment to the City of Plymouth throughout the winter for enforcement. Kevin Koschak, 12410 44th Place North, supported the proposed limitation on hours of operation, but opposed any other limitations. He said that individuals do not want to operate snowmobiles on public streets, but do it in order to access a trail. He stated that property damage and vandalism occurs with vehicles other than snowmobiles as well. Snowmobile clubs are willing to assist with installing snow fences and repairing property damage. Richard Meyer, 14515 45th Place North, stated he is an eight year resident and owns a snowmobile. He said that he snowmobiles across his property in order to access a pond and the Northwest trail system. He does not favor restricting the use of snowmobiles on the streets, and suggested reduced speed limits or limiting street use only to individuals accessing a trail. He said that snowmobile owners should be responsible for property damage and he agreed with the proposed restricted hours of operation. He suggested that the hours of operation be limited to 7 a.m. to 10 p.m. on weekdays, and 7 a.m. to 1 a.m. on Friday and Saturday. He does not favor the 5 acre minimum and requested that the trail system be expanded and provisions for trailer parking and unloading be made. Julius Webster, 5345 Larch Lane, does not favor the 5 acre restriction. He believes that there have been some problems for specific landowners where laws are broken by a few negligent operators. He believes additional enforcement would solve the problems. Jim Ries, 2405 Yuma Lane North, stated that snowmobilers need access from their homes to trails. The snowmobile club has offered its services for informal enforcement. Councilmember Edson stated he is not in favor of a total ban, but does believe that restrictions are needed in populated areas. Plymouth has a very lenient snowmobile ordinance compared to Bloomington, Burnsville, Golden Valley, Minnetonka, and Maple Grove - all of which prohibit snowmobiles on public streets. Public Safety Director Gerdes said that there were 47 formal complaints relating to snowmobiles in the 1993-4 season. The majority of these complaints related to property damage. Regular Council Meeting October 3, 1994 Page 14 Councilmember Granath stated Plymouth is a changing community, and the Council must determine what ordinance is compatible for Plymouth today and in the future. Most other suburbs either severely restrict or ban snowmobiling, and the public has requested additional restrictions. Discussion was held on whether snowmobiles should be allowed on a resident's own property even if it is less than 5 acres and on other properties with permission in order to gain access to a snowmobile trail. Mayor Tierney called a five minute recess. MOTION was made by Councilmember Anderson, seconded by Mayor Tierney, to amend Subd. 2(b) to read: It is unlawful for any person to operate a snowmobile on private property less than 5 acres in size or within 100 feet of any dwelling unless the operator has lawful authority or prior written consent from the owner or occupant. Councilmember Granath stated that this provision is impractical and difficult to enforce. He believes stronger restrictions are needed. Motion to amend carried: five ayes; Granath nay. Main motion as amended carried, six ayes. The Council directed staff to meet with interested parties and recommend a list of designated public areas where snowmobiling is allowed. ITEM 8-C POLICY ON CONDUCT OF REGULAR COUNCIL MEETINGS Councilmember Granath presented a proposal to revise the policy on conduct of regular Council meetings relating to public input. He said the purpose is to balance needed public input with the Council's need to deliberate and conduct business. He believes that allowing anyone to speak on every agenda item has limited the Council's ability to efficiently conduct its business. He stated the intent of the policy is not to reduce overall public commentary, but only to channel it away from taking place at regular meetings. Mayor Tierney stated the amount of City business is not going to lessen, and it is difficult to conduct all of the City's business during the regular meetings each month. She suggested as options that the regular meetings begin at 6 p.m., 6:30 p.m., or that the forum be eliminated, rather than limiting public comment on agenda items. Regular Council Meeting October 3, 1994 Page 15 Councilmember Anderson stated that these restrictions are reasonable and necessary for a growing City like Plymouth. The Council can waive the rule when desired if an issue draws a great amount of debate. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt the Policy on the Conduct of Regular Meetings of the Plymouth City Council, as proposed by Councilmember Granath. Councilmember Morrison stated she supports the policy, but does not believe it is always workable to afford equal time to the pro and con sides of an issue. Councilmember Granath stated that if the policy is not adopted, then Roberts Rules would apply, and Councilmembers could make motions to limit debate when desired. Mayor Tierney was concerned that efficiency gained by the policy may inhibit citizen input. MOTION to amend was made by Councilmember Morrison, seconded by Mayor Tierney, to limit speakers to 3 minutes rather than 5 minutes and to delete provisions b, c, and f of the proposed policy relating to equal time for the pro and con sides of an issue of no longer than 15 minutes each, and that a show of hands or similar conduct shall not be limited by this policy. Councilmember Granath objected to the amendment because he believes equal time for the pro and con sides of an issue is a good principal. He said the Council has previously received criticism that petitioners have more presentation time before the Council than citizens, and equal time is reasonable. Motion to amend carried: Edson, Anderson, Morrison, and Tierney ayes; Lymangood and Granath nays. Main motion as amended carried: five ayes; Tierney nay. ITEM 8-D AMM MEMBERSHIP Karen Anderson, Mayor of Minnetonka, and former President of the Association of Metropolitan Municipalities introduced David Childs, Minnetonka City Manager and Past President of the AMM, and Roger Peterson, AMM Director of Legislative Affairs. She requested that Plymouth consider membership in the AMM. Ms. Anderson provided information about the AMM and noted that there are currently 71 member cities that make up 91 percent of the metropolitan area Regular Council Meeting October 3, 1994 Page 16 population. She said the AMM represents metro cities' interest before the Metropolitan Council and monitors their budget process. The AMM also represents the interests of metro cities before the legislature on issues that affect the metropolitan area and on issues that tend to pit the metro area against the non - metropolitan cities. She stated the AMM provides unique services that are not provided by the LMC or other organizations. David Childs, Minnetonka City Manager, stated the AMM was formed 21 years ago as the result of the outstate cities' concern that the LMC was spending too much time on strictly metropolitan issues. He said a salary survey is conducted annually by the Stanton organization, and a license fee survey and elected official salary survey is also conducted. In addition, the AMM has started a training process for dispute resolution. Plymouth's dues would be about $8,500 for 1995. a license/fee survey each year. He noted some of the major accomplishments of the AMM and said that Plymouth is one of only a few metro cities of over 2,500 population that is not an AMM member. Roger Peterson, AMM Director of Legislative Affairs, stated it is important to be a member in the AMM because a city gets to participate and help make legislative policy. Councilmember Granath asked if the AMM takes a position on term limits. Mr. Peterson stated the issue has not arisen, but the AMM would probably oppose term limits. MOTION was made by Mayor Tierney to reinstate the City's membership in the AMM. Councilmember Morrison asked how voting rights in the organization are established. Mr. Peterson stated that each member City gets one vote on administrative and policy matters. Cities larger than 50,000 receive additional votes for each 50,000 population. It takes a 2/3 majority to adopt policy positions. MOTION was made by Councilmember Anderson, seconded by Councilmember Granath, to table this issue until the policy positions of the AMM are provided to the Council for review. Motion to table carried, six ayes. Regular Council Meeting October 3, 1994 Page 17 ITEM 8-A LUNDGREN BROS CONSTRUCTION. Community Development Director Hurlburt presented the staff report on the request of Lundgren Brothers Construction for Land Use Guide Plan Amendment at the northwest intersection of Peony Lane and Old Rockford Road. She said the request is to reguide approximately 72 acres from IP (Planned Industrial) to LA -2 Low Medium Density Residential). She explained that the Soo Line tracks are directly to the north of the property, and the new high school site. The property directly to the east is classified as LA -1 and there is a proposed residential project going through environmental review. The Planning Commission recommended reguiding on a 5-2 vote, and staff recommends approval of the request. She noted that a Comprehensive Plan amendment requires 5/7 vote, and the Council has fairly wide discretionary authority in considering Comprehensive Plan amendments. Attorney Barnard confirmed that approval of the request would require 5 affirmative votes. Councilmember Morrison stated that her law firm has represented one of the firms involved in the application. She has no conflict of interest, but given the possible appearance of impropriety, she will abstain on the item. Terry Forbord, 935 East Wayzata Blvd., Wayzata, represented Lundgren Bros. He requested approval of the request. He stated that if the Council deems there is not enough information to act on the application, he requested that direction be provided to bring back additional information for consideration at a future meeting. Councilmember Granath asked if Mr. Forbord wants the request discussed at this meeting. Mr. Forbord stated they are prepared for consideration by the Council; however, he requested direction if additional information is needed. Councilmember Granath stated that he will not provide counsel to the applicant or advise the applicant on how to proceed. MOTION was made by Councilmember Granath to deny the reguiding request. Motion died for lack of a second. MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to table the request to October 17. Regular Council Meeting October 3, 1994 Page 18 Motion carried: Lymangood, Edson, Anderson, and Tierney ayes; Granath nay; Morrison abstained. ITEM 9-C SUMMARY OF CITY MANAGER'S EVALUATION Councilmember Edson provided a report on the conclusions of the closed meeting held on September 26 for the purpose of conducting a routine evaluation of the City Manager. He explained that the Council used a standard written evaluation form and discussed the results of those evaluations. The meeting provided an opportunity for the City Manager to discuss those evaluations with the Council. He stated the Council and City Manager believe that ongoing communication is important and discussion was held on the concerns and successes that have occurred in the last year. Another evaluation is scheduled for February, 1995, and it is planned that staff comments would be included in that process. He stated that the Council is pleased with the performance of the City Manager, and the City Manager will be providing a written response to particular issues raised in the evaluation. ITEM 9-A REPORT ON MEDICINE LAKE ICE FISHING Park Director Blank presented a report on Medicine Lake ice fishing. He summarized that the staff recommendation is to enhance education efforts, provide additional signage and trash containers at the entrances, and communicate with conversation officers. He said that one option not done to date is to assign City crews to go onto the lake to clean up debris. Councilmember Granath reported that a homeowner association is exploring surface use regulations which would restrict overnight or permanent fish houses on Medicine Lake. He requested a report back if anything is learned on this option or other alternatives. ITEM 9-13 REPORT ON METRO CRIME MEETING Public Safety Director Gerdes reported on a recent Metro Crime meeting. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to accept the report and to direct staffs participation in this group. Motion carried, six ayes. ITEM 9-D LETTER FROM MONA DOUMAS Councilmember Anderson requested a staff update on a letter dated September 26 received from Mona Doumas relating to parkland. Regular Council Meeting October 3, 1994 Page 19 Park Director Blank stated this issue was discussed at the last PRAC meeting. There are three to four areas in the City where there is a question of whether the City should be proposing a public park. He stated that this will be considered during the planning for northwest Plymouth. The past population in the area did not warrant designation of a neighborhood park. Councilmember Anderson requested a report on the PRAC recommendation on this issue. MOTION was made by Councilmember Lymangood, seconded by Councilmember Anderson, to adjourn the meeting at 9:56 p.m. City Clerk