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HomeMy WebLinkAboutCity Council Minutes 12-16-1998Adopted Minutes Regular Council Meeting December 16, 1998 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the City Center, 3400 Plymouth Blvd., on December 16, 1998. COUNCIL PRESENT: Mayor Tierney; Councilmembers Spigner, Black, Bildsoe, Wold, Johnson, and Preus. ABSENT: None. STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Public Works Director Moore, Community Development Director Hurlburt, Public Safety Director Gerdes, Finance Director Hahn, Park and Recreation Director Blank, Planner Drill, Public Safety Support Supervisor Cox, Attorney Knutson, and City Clerk Ahrens. 3 Forum Shawn Gardner, 14110 37th Avenue North, represented ASAP Massage. Mr. Gardner said that he recently received his massage center and massage therapist renewal applications. He read a portion of the massage ordinance which exempts individuals working in various professions, and he asked that the Council eliminate this ordinance provision, particularly for individuals working in chiropractic offices. 4.1 Recognize Councilmembers Preus and Wold Mayor Tierney presented plaques of appreciation to outgoing Councilmembers Tim Wold and Christian Preus. Councilmembers thanked the outgoing councilmembers for their service. 4.2 Announcement of "Where's Lester?" Campaign Public Safety Director Gerdes introduced the "Where's Lester" campaign sponsored by the Plymouth Fire Department, Plymouth Fire Relief Association, and the Plymouth Crime and Fire Prevention Fund. He explained that this education campaign advocates for working smoke and carbon monoxide detectors. 4.3 Celebrating Partners Mayor Tierney announced that she and Councilmember Spigner had attended the Celebrating Partners program sponsored by the Hopkins School District. 5 Approve Agenda Councilmember Black requested addition of a resolution reaffirming the City's position regarding school attendance boundary changes. Adopted City Council Minutes December 16, 1998 Page 2 Motion was made by Councilmember Spigner, seconded by Councilmember Black, to approve the agenda with the addition the item requested by Councilmember Black. Motion carried, seven ayes. 6 Consent Agenda Item 6.10 was removed from the Consent Agenda. Motion was made by Councilmember Black, seconded by Councilmember Preus, to approve the consent agenda as amended. Councilmember Spigner recorded a no vote on Item 6.7. Motion carried, seven ayes. 6.1 Approve Proposed Minutes Motion was made by Councilmember Black, seconded by Councilmember Preus, to approve the minutes for the November 18 regular meeting, the November 30 special meeting, and the December 7 Truth in Taxation hearing. Motion carried, seven ayes. 6.2 Approve Disbursements Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-723 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING DECEMBER 4,1998. Motion carried, seven ayes. 6.3.1 Amusement Licenses Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-724 APPROVING 1999 AMUSEMENT LICENSES. Motion carried, seven ayes. 6.3.2 Gasoline Service Station License Renewals Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-725 APPROVING GASOLINE SERVICE STATION LICENSES FOR 1999. Motion carried, seven ayes. 6.3.3 Kennel License Renewal Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-726 APPROVING KENNEL LICENSE FOR 1999. Motion carried, seven ayes. 6.3.4 Target and Trap Shoot License Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-727 APPROVING TARGET AND TRAP SHOOT LICENSE FOR PLYMOUTH GUN CLUB. Motion carried, seven ayes. Adopted City Council Minutes December 16, 1998 Page 3 6.3.5 Tobacco License Renewals Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-728 APPROVING 1999 TOBACCO LICENSES. Motion carried, seven ayes. 6.4 Adjustment to Firefighter Compensation Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-729 ESTABLISHING 1999 PAY SCHEDULE FOR MEMBERS OF THE PLYMOUTH FIRE DEPARTMENT. Motion carried, seven ayes. 6.5 1999 Compensation and Classification Plans Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-730 APPROVING THE 1999 PAY AND COMPENSATION PLAN. Motion carried, seven ayes. 6.6 Carlson Real Estate Company (98179) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-731 APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT AND INTERIM USE PERMIT FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF CARLSON PARKWAY AND I-494 (98179). Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-732 APPROVING LOT DIVISION/LOT CONSOLIDATION FOR CARLSON REAL ESTATE COMPANY FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CARLSON PARKWAY AND I-494 (98179). Motion carried, seven ayes. 6.7 Rottlund Homes, Inc. Lot Division/Variance for Parking Setback (98186) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-733 APPROVING LOT DIVISION AND VARIANCE FOR THE ROTTLUND COMPANY, INC. FOR PROPERTY LOCATED AT 104056 TH AVENUE NORTH (98186). Motion carried, six ayes; Spigner nay. 6.8 Zoning Ordinance Text Amendment to Allow Liquor On—Sale (98193) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt ORDINANCE 98-41 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 WITH RESPECT TO LIQUOR ON—SALE WHEN ACCESSORY TO A PERMITTED USE IN THE PUBLIC/ INSTITUTIONAL DISTRICTS (98193). Motion carried, seven ayes. Adopted City Council Minutes December 16, 1998 Page 4 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-734 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21475.07 (ACCESSORY USES IN THE PUBLICANSTITUTIONAL DISTRICT) OF THE PLYMOUTH CITY CODE 98193). Motion carried, seven ayes. 6.9 Hans Hagen Homes, Inc. Final Plat (98188) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-735 APPROVING FINAL PLAT FOR HANS HAGEN HOMES, INC. FOR PROPERTY LOCATED EAST OF CO. RD. 24, SOUTH OF MEDINA ROAD, AND WEST OF GARLAND LANE (98188). Motion carried, seven ayes. 6.11 Agreement for Heartstream Automated External Defibrillator Units Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-736 HEARTSTREAM AUTOMATED EXTERNAL DEFIBRILLATOR GRANT. Motion carried, seven ayes. 6.12 Plymouth Collection. Sanitary Sewer Construction (97070) Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-737 ACCEPTING SANITARY SEWER CONSTRUCTION, PLYMOUTH COLLECTION (97070). Motion carried, seven ayes. 6.13 Pedestrian Bridge over I494 along Co. Rd. 9, Project 5012 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-738 APPROVING MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) LIMITED USE PERMIT FOR THE CONSTRUCTION OF THE PEDESTRIAN BRIDGE ALONG COUNTY ROAD 9 OVER I-494, CITY PROJECT NO. 5012. Motion carried, seven ayes. 6.14 1998 Update of Pavement Management System Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-739 APPROVING 1998 PAVEMENT MANAGEMENT UPDATE REPORT, CITY PROJECT NO. 8016. Motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-740 ORDER PRELIMINARY ENGINEERING REPORT FOR 1999 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 9001. Motion carried, seven ayes. Adopted City Council Minutes December 16, 1998 Page 5 6.15 Application for Lawful Gambling Exemption Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-741 FINDING NO OBJECTION TO LAWFUL GAMBLING EXEMPTION FOR MINNESOTA FRATERNAL ORDER OF POLICE NORTH METRO LODGE #2. Motion carried, seven ayes. 6.16.1 Establish 1999 Regular Meeting Schedule Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-742 ESTABLISHING REGULAR COUNCIL MEETING SCHEDULE FOR 1999. Motion carried, seven ayes. 6.16.2 Establish 1999 Board of Review Meeting Dates Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-743 ESTABLISH 1999 BOARD OF REVIEW MEETING DATES. Motion carried, seven ayes. 6.17 Revise Date of Public Improvement Hearing, Project 9002 Motion was made by Councilmember Black, seconded by Councilmember Preus, to adopt RESOLUTION 98-744 REVISING DATE OF PUBLIC IMPROVEMENT HEARING, KINGSVIEW LANE STREET IMPROVEMENT, NIAGARA LANE TO GLEASON LAKE DRIVE, CITY PROJECT NO. 9002. Motion carried, seven ayes. 7.1 Adopt 1999 Tax Levies and Budgets Finance Director Hahn presented a brief staff report on the proposed 1999 tax levies and budgets. Mayor Tierney opened the public hearing at 7:35 p.m. No one appeared and the hearing was closed. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-745 ADOPTING 1999 BUDGETS. Motion carried: six ayes; Preus nay. Motion was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to adopt RESOLUTION 98-746 PROPERTY TAX LEVIES FOR TAXES PAYABLE IN 1999. Motion carried: six ayes; Preus nay. 8.01 (6.10) Elim Care Inc. and Rottlund Homes, Cornerstone Commons (98094—F) Councilmember Spigner asked about accessible units at the proposed Cornerstone Commons development. Adopted City Council Minutes December 16, 1998 Page 6 Richard Palmiter represented Rottlund Homes. He explained the style of homes and said that all but 56 of the 352 units will be accessible. The 56 units are two-level townhomes and are non -age restricted. None of the accessible units will be available for individuals under the age of 55. He said that grading is scheduled to begin March 1. Councilmember Spigner encouraged Rottlund to consider making up to three of the 56 units accessible. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-747 APPROVING FINAL PLAT FOR ELIM CARE, INC. AND ROTTLUND HOMES FOR "CORNERSTONE COMMONS 1ST ADDITION" FOR PROPERTY LOCATED NORTH OF MEDINA ROAD, SOUTH OF HIGHWAY 55, AND EAST OF CO. RD. 101(98094—F). Motion carried, seven ayes. Motion was made by Councilmember Spigner, seconded by Councilmember Preus, to adopt RESOLUTION 98-748 ADOPTING ASSESSMENTS, CITY PROJECT NO. 9008, CORNERSTONE COMMONS ADDITION. Motion carried, seven ayes. 8.1.1 Association Free Lutheran Bible School, Environmental Assessment Worksheet (98204) Community Development Director Hurlburt said that on December 2 the City received from the Environmental Quality Board a petition requesting an Environmental Assessment Worksheet (EAW) on the project proposed by the Association Free Lutheran Bible School. The City Council has 30 working days to make a decision on whether an EAW should be required. No action to approve the project can be considered until the petition is denied or an EAW is ordered and completed. The deadlines on the project applications are suspended and extended to 60 days following the EAW. She said the purpose of an EAW is to rapidly assess the environmental effects of a proposed project, and she explained the criteria for the Council's decision. Staff has reviewed the petition and the only criteria which may apply to make an EAW mandatory relates to changing the course of a wetland. She said there is a wetland off the site which will be impacted; however, the engineering staff has determined this project will not change the course or current of that wetland. Staff has reviewed the petition with respect to storm water runoff and believes it has been adequately addressed. The DNR also reviewed the plan, and the added surface water treatment will actually improve the water quality. The DNR did not object to the increase in impervious surface on the site. A second issue in the petition is ambient noise. It is staffs opinion that if the project meets the City's noise ordinance, there can be no problem with ambient noise. The issues of traffic and traffic safety have been addressed in the City's review of the project. If the City lighting standards are met, there should be no negative impact from lighting. Aesthetics was also noted in the petition for an EAW. Director Hurlburt said that aesthetics would apply if this were a natural area; however, the bible school exists on the property. She said that staff recommends the Council deny the request for preparation of an EAW. Adopted City Council Minutes December 16, 1998 Page 7 Councilmember Johnson asked if staff considered these issues when doing the preliminary review of the project. Director Hurlburt said that most of the items have been addressed in the development review process. If the Council believes there is an option, the City may order a discretionary EAW. Councilmember Spigner asked if the Elim project had an EAW. Director Hurlburt responded that the City ordered a discretionary EAW; however, it may have been mandatory. Councilmember Spigner asked if the rules have changed regarding the EAW process. Director Hurlburt explained that she had provided information on the EAW process to Councilmember Spigner upon request. She thought that a petition could be submitted directly to the City prior to action. However, she learned that the procedure had been changed and the petition had to be submitted to the EQB. She advised the City Council of that change, as she did not want someone to rely on incorrect information. Victor Sandler, 3010 East Medicine Lake Blvd., said he is the petitioner representative and supports the EAW preparation. He said there is not enough land on this site to build the proposed structure. William G. Clelland, 2835 Revere Circle North, said that a more comprehensive study of the traffic should be done. He has concerns about the inadequacy of the traffic study because traffic counts were only conducted on one day. The traffic study did not assess the impacts of an increased number of delivery and service vehicles, or trail and pedestrian safety. He said the Metropolitan Council should be asked to consider the traffic impacts because the trail is under its jurisdiction. He said there has been no consideration of the north/south traffic flow, and there is not sufficient room to install turn lanes. Ralph Shapiro, 10520 3 V Avenue North, said the DNR reviewed this plan and indicated that in exchange for leniency on the increased impervious surface, an increased wetland buffer should be required. Larry Rosen, 10100 30`' Avenue North, said that he has requested the installation of stop lights at Medicine Lake Road and Highway 169. These will be installed in February, and there is no mention of that in the traffic study. Adopted City Council Minutes December 16, 1998 Page 8 Director Hurlburt responded that the traffic study used standard trip generation rates and did not separate service and delivery vehicles. The issue of left -turn lanes was addressed in the traffic study, and it was determined that the intersection would perform at acceptable levels. She said that accident records were checked, and there is no evidence of an inordinate number of accidents at the entrance to the bible school. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-749 DENYING A CITIZENS PETITION REQUESTING PREPARATION OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET EAW) FOR THE 23—ACRE SITE LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD AND OWNED BY THE ASSOCIATION FREE LUTHERAN CONGREGATIONS (AFLC) (98204). Director Hurlburt said the DNR did advocate that the City try to establish a buffer around the wetland. This is a standard comment made by the DNR on every project that has a wetland. She said that in this situation, the wetland is outside of the project, and the City does not have authority to establish a buffer on it. Councilmember Black said the wetland is privately owned and is not part of the project. Councilmember Johnson asked if the staff believes the traffic consultant is dependable and reliable. Director Hurlburt stated the traffic consultant was employed by the City, with the cost passed to the applicant. This is the consultant that the City uses for all transportation planning, and the consultant is very familiar with the City. Staff is comfortable with their work on this project and believes the traffic study is adequate. Motion was made by Councilmember Preus, seconded by Councilmember Bildsoe, to call the question. Motion carried, seven ayes. Motion carried, seven ayes. 8.1.2 Association Free Lutheran Bible School (98042) Community Development Director Hurlburt presented the staff report on the application of Association Free Lutheran Bible School for land use guide plan amendment from LA - 1 (Living Area 1) to P -I (Public/Semi-Public/Institutional), rezoning from RSF-1 to PUD, Preliminary Plat, and PUD General Plan. She described the site location and current use on the site. The reguiding is requested to allow expansion of the bible school. The site is partially within the Shoreland Overlay District of Medicine Lake. She said the first dormitory was constructed on the site in 1967 and the second dormitory was constructed in 1973. In 1973, the City initiated a rezoning from R-4 to R-1 for the site. In 1991, the administration building was constructed on the site under a conditional use permit. In Adopted City Council Minutes December 16, 1998 Page 9 1996, the City reguided the site from P to LA -1 and rezoned the site from R -IA to RSF-1. With the adoption of the zoning ordinance in 1996, the bible school became a lawful nonconforming use. This resulted in consistency between the guiding and zoning, as required by law and was consistent with how other properties were treated. She said that any expansion of the bible school requires reguiding and rezoning. On May 5, 1998, the Planning Commission held a public hearing on the proposed land use guide plan amendment and rezoning and recommended denial. The City Council subsequently moved to deny the request; then the issue was tabled. A meeting was held on June 11 with residents and the applicant. On June 16, 1998, the rezoning application was withdrawn and the applicant waived the review deadline on the plan amendment. The Council tabled the motion to deny on June 24. The PUD application was submitted in September, and on November 10, 1998, the Planning Commission held a public hearing on the applications and recommended denial. Director Hurlburt said the policy issues for the Council for reguiding are: Does the City want to encourage the growth of a currently non -conforming institutional use in the middle of an established single family area and is a larger institutional use appropriate for the site? The City Council has a high level of discretion on this matter. The property could continue as a post high school educational facility as a non -conforming use. She described other uses allowed for the site under its present non -conforming status, and said that the property could be rezoned to another residential district or reguided and rezoned for a completely different use. She described the allowable uses under a P -I guiding. She said that staff considered location criteria, context of the site, shape of the site, existing and proposed use of the site, and traffic study with respect to analysis of the reguiding application. The Planning Commission and staff recommend denial of the reguiding application. The denial resolution requires a 4/7 vote for adoption; the approving resolution requires a 5/7 vote for adoption. Director Hurlburt stated the zoning district must be consistent with the Comprehensive Plan. The PUD is a custom zoning district. This PUD proposal would limit uses to what exists on the site today and would allow for the expansion of the bible school. The PUD would incorporate the PUD plan as an ordinance requirement. Adoption of this PUD and any future PUD amendments would require a 5/7 vote of the Council. The Planning Commission has recommended denial of the PUD rezoning, and staff recommends denial if the reguiding is not approved. If the Council approves the reguiding, then the staff recommends that the rezoning and the PUD general plan also be approved. She explained that the property is currently in five parcels, and under the preliminary plat request, two parcels would be created. The preliminary plat is recommended for approval by the Planning Commission and the staff. She summarized that the Council has a high level of discretion on the reguiding. The rezoning should be approved only if the reguiding is approved, and the preliminary plat application may stand on its own. Adopted City Council Minutes December 16, 1998 Page 10 Councilmember Preus asked why the entrance to the bible school at Union Terrace would be closed. Director Hurlburt responded that Union Terrace goes between two homes abutting the college. There were concerns expressed at the public hearing that the main entrance to the bible school should be from East Medicine Lake Blvd., in order to discourage traffic from using Union Terrace and going a substantial distance through the residential area. The proposed approving resolution would require that the Union Terrace entrance would be chained and used only as an emergency access. Councilmember Johnson asked about the intent of the 1973 rezoning and whether it was to prevent future expansion of the bible school. Director Hurlburt responded that it is difficult to determine the intent from the record, but staff interprets the action as protection of the neighborhood by avoiding apartment development on the site. The City subsequently issued additional conditional use permits for expansion on the site. Councilmember Bildsoe asked if the zoning of the site was compatible with the Comprehensive Plan in the 1970s. Director Hurlburt said cities were not required to have a Comprehensive Plan until 1976, so there was no requirement that the Comprehensive Plan and zoning be compatible. The law is now very clear that the zoning of a property must be compatible with the guide plan. Councilmember Johnson said that maps from the 1980s indicate the bible school property in green similar to parks and other public uses. Director Hurlburt stated there was no implication of any zoning on those maps. Anything that was an existing park, church, or school was mapped in that category regardless of the zoning. Prior to 1996, institutional uses were permitted in any zoning district in the City. Tonnes Pollestad represented the bible school. He introduced the architect and engineer on the project. Scott Roberts, architect on the Association Free Lutheran Bible School project, said that a flyer was circulated in the neighborhood comparing this expansion to a Target Greatland. He showed the site plan of the campus in comparison to the size of a Target Greatland and discussed the relative height of the structures. He said that abutting homes are 30 to 35 feet high. Adopted City Council Minutes December 16, 1998 Page 11 Dan Parks, McCombs Frank Roos, engineer on the bible school project, said the proposed project fits with the hilly terrain of the site. The majority of the storm water will be drained internally, and the Bassett Creek Water Management Organization has approved the grading and water treatment elements of the plan. He showed a water quality analysis of the current and proposed ponding areas which indicated a post -development reduction in total phosphorous and total suspended solids. Councilmember Black asked if the analysis assumes the use of phosphorus -free fertilizer. Mr. Parks said the analysis does not assume that phosphorus -free fertilizer will be used; therefore, the reduction in phosphorus on the site would be even more than predicted. He said that phosphorus -free fertilizer is proposed to be used on the site. Thomas Pollestad requested approval of the reguiding and the PUD. He said that if the approvals are not granted, they will probably sell the property and the bible school will move elsewhere. He said that concerns have been expressed about other allowable uses on the site with a P -I guiding should the bible school leave. He said there is no absolute guarantee for the future use on this site or any other parcel in the City. He believes the City gains control on this property if the reguiding and PUD are approved. If the City Council denies the reguiding and PUD, the school will decide to whom to sell the property and, for financial reasons, it would likely not be sold to a residential developer. The school would need to get the highest possible value for the land, and the existence of institutional buildings make a residential use very unlikely. He listed other approved or conditional uses that could be on the site if the school leaves. He understands the concerns of the abutting neighbors, but noted that the bible school existed on the site prior to most of the adjacent residences. He said the bible school would offer to enter into a covenant with the City that if the property is ever sold, they would restrict to whom the property could be sold. Councilmember Spigner expressed disappointment to hear that the bible school would sell the property to anything other than single family uses. She believes that listing a shelter as a potential use on the site incites fear in residents. She said that the bible school property would be sold in a non -conforming state, and she hopes that the bible school will remain on the site if the reguiding is not approved. Councilmember Johnson said that if the bible school chooses to sell the property, there are several institutional type uses that could be conducted on the property. The bible school would not have to find an identical user. She doesn't necessarily consider shelters to be negative. Director Hurlburt said that under the non -conforming status, the bible school can sell the property to someone who will use the property in the same way as it is used today, as Adopted City Council Minutes December 16, 1998 Page 12 long as the use does not cease for one year. The new owner could also make application for other potential uses on the site. Councilmember Johnson asked if the bible school would have constructed the administration building in 1991 had they known that the school would be a non- conforming use in the future. Mr. Pollestad responded that they probably would not have constructed the building. Councilmember Spigner said the neighborhood understands what uses would be allowed on the property in its non -conforming status, and residents would support a K-12 school or other project that would be allowed under residential guiding. Mr. Pollestad said the original master plan for the site has not yet been completed. Steve Kleinman, 3010 Trenton Lane, said the main objection to the expansion proposal is the visual impact of the project and the size of the use on this site. The parcel is long and narrow, and the impact on the south side of the site is the most concerning. He said the site has a lot of structures, and the impact of the proposed berm will be minimal. The planting plan is also not sufficient. Phyllis Molnau, 3190 East Medicine Lake Blvd., supported the expansion of the bible school. She has lived near the school for 17 years and the school has been a good neighbor. The property is well maintained and the students are kind and courteous. She said berms can buffer lighting and visual impacts, and the upgraded East Medicine Lake Blvd. should be able to accommodate the increased traffic. Victor Sandberg, 3010 East Medicine Lake Blvd., spoke in opposition to the reguiding and rezoning. He said there is overwhelming neighborhood opposition to the project because of its size and scope. There is not adequate space to buffer the neighborhood from the impacts of this large use on the site. He lives at 30"' Avenue North and East Medicine Lake Blvd., and the road is very narrow at this location with blind curves at the intersection. He said the traffic study did not include the accidents occurring during a winter season, and it is wrong to add 200 more teenage drivers in this dangerous area. William Clelland, 2835 Revere Circle North, said this area has been zoned R-1 for 30 years, and the developer is asking the Council to amend the Comprehensive Plan. He said the Comprehensive Plan must be based on the needs of the City as a whole. This applicant doesn't meet the criteria for the reguiding, and the staff and Planning Commission have recommended denial of the requests. He said the Council will be encouraging institutional uses in single family areas if the request is approved. He is displeased with the implicit threat of the applicant that if approval is not granted, they will sell the property for another use. Mr. Clelland said the abutting residents have no Adopted City Council Minutes December 16, 1998 Page 13 problem with another use on the site as long as the size is appropriate. He said the City cannot regulate such things as the use of phosphorus -free fertilizer on the site, the number of students, etc. He asked the City to continue its policy of not encouraging institutional uses in residential areas. Ralph Shapiro, 10520 315` Avenue North, said this guiding decision should not relate to the land ownership. He said the staff and Planning Commission have indicated that it is against the City's policies, and the City Council should stand by its policies. Larry Rosen, 10100 300' Avenue North, supported the Planning Commission's recommendation of denial. Maurice Gavin II, Welsh Companies, represented the applicant. He said that Welsh Companies has designed this project based on neighborhood direction, including the layout of the buildings. He said the grading will not destroy mature trees. The bible school is growing, and the school must expand its facilities either on this site or elsewhere. Councilmember Johnson asked if the bible school has readily available land in Maple Grove if the expansion is not approved on this site. Mr. Pollestad responded that the bible college does not own any land in Maple Grove. One of the churches associated with the school owns nine acres in Maple Grove. Councilmember Preus asked how many similar institutions in Plymouth were made non- conforming uses as the result of the City's 1996 update of the Zoning Ordinance. Director Hurlburt said this was the only post secondary institution in Plymouth in 1996. There are no similar uses. Councilmember Spigner asked how many non -conforming uses currently exist in residential areas. She suggested that this situation could be used as justification for them to make a similar application. Director Hurlburt said there are a large number of non -conforming sites. She does not believe that this situation would set a direct precedent or legal precedent with regard to guiding. Councilmember Spigner asked if the Council could approve the reguiding, but deny the PUD request. Director Hurlburt said that Council approval of the reguiding, signals the Council's intention to allow the applicant to use the land for allowed uses within that district. The Adopted City Council Minutes December 16, 1998 Page 14 Council would have a certain amount of time to change the zoning ordinance for consistency with the Comprehensive Plan. Mayor Tierney called a five minute break. When the meeting reconvened, Mayor Tierney reminded the Council that there is a motion on the table to deny the requested reguiding. Motion to substitute was made by Councilmember Preus, seconded by Councilmember Johnson, to adopt RESOLUTION 98-750 APPROVING LAND USE GUIDE PLAN AMENDMENT FOR THE ASSOCIATION FREE LUTHERAN BIBLE SCHOOL FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD 98042), ORDINANCE 98-42 AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LANDS LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD AND TO ESTABLISH A PLANNED UNIT DEVELOPMENT DISTRICT (98163); RESOLUTION 98-751 APPROVING FINDINGS OF FACT FOR REZONING OF LAND LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (98163); RESOLUTION 98-752 APPROVING A PRELIMINARY PLAT FOR THE ASSOCIATION FREE LUTHERAN BIBLE SCHOOL FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (98163); and RESOLUTION 98-753 APPROVING A PUD GENERAL PLAN FOR THE ASSOCIATION FREE LUTHERAN BIBLE SCHOOL FOR PROPERTY LOCATED AT 3110 EAST MEDICINE LAKE BOULEVARD (98163), with voting on the land use guide plan amendment first, followed by consideration of the other requests. Motion was made by Councilmember Preus, seconded by Councilmember Johnson, to suspend the rules and extend the meeting beyond 10 p.m. until all business on the agenda is completed. Motion carried, seven ayes. Motion to substitute carried, six ayes; Spigner nay. Councilmember Black stated she has no problem with the proposed PUD plan, but has concerns with all of the uses that are allowed and conditional under the requested guiding. Adopted City Council Minutes December 16, 1998 Page 15 City Attorney Knutson said that if the Council reguides the property to P -I and rezones it to PUD, the only uses that would be allowed are the uses listed in the PUD. There may be other zoning classifications consistent with the guiding, but only uses listed in the PUD would be allowed. If another use allowed under P -I guiding is proposed, the applicant would have to request a rezoning. Councilmember Black said the Council has the most discretion at the level of guiding. The Council is making the policy decision of allowing the uses in the P -I guiding. She suggested that the Council consider another type of guiding that better fits this project and eliminates some of the unwanted uses. Councilmember Wold spoke in favor of the reguiding. He believes that the issue of control on this project is a minor issues. The track record of the project user is known. The question is what is going to happen in Plymouth for the next 30 to 60 years. He said the petitioner has worked with the neighbors to address areas of concern, and he believes that this use is an asset to the community. He has received calls from business owners asking him to support the project. Councilmember Preus acknowledged the Council's discretion is greater when considering guiding versus zoning. However, the factors related to this use outweigh the concerns in this situation. This is an existing school that wants to expand in their existing location. The owner is known. If the school can't expand and has to move to another location, the City will lose control on the site. He said the PUD would give some control to the City. He would not favor an option of creating a new zoning district specific to this property. Councilmember Preus said the Council is not rezoning property from residential to P -I. The site is already used for an institutional purpose. He said the Council should also consider what the school contributes to Plymouth. Students at these types of schools are the best neighbors and the best workers for businesses in the community. The City can not only protect that labor supply, but get more quality workers for community businesses. He said that this is a unique situation as there are no similar uses in the community. He stated that the implicit threat of the applicant to move is reality. If the school is going to expand, it must move to another site if the requests are denied, and he is concerned that the replacement use may not be as positive as the bible school. Councilmember Black said that the current zoning district is more restrictive in allowable uses than the P -I district. Councilmember Preus stated the City cannot control the potential buyer of the property and whether they would be a good neighbor. A new owner could use the site for all uses allowed under the non -conforming status. Director Hurlburt said a new owner would not have to make any request of the City in order to take over the same non -conforming use of the property. Adopted City Council Minutes December 16, 1998 Page 16 Councilmember Preus clarified that he is referring to a practical loss of control relating to the user on the site; not a legal loss of control. As an example, the next user could be a post secondary school that has a significant amount of disruptive partying or police calls to the site. That is not the case with this owner. Councilmember Johnson said that as recently as 1991, the City signaled approval to the bible college to build an $800,000 building on the site. Two years ago, through the City's adoption of a new Zoning Ordinance, the status of the site was changed. She has no problem with the requested PUD, but unless an appropriate guiding is adopted, the applicant is at risk being a non -conforming use. She noted that it was the City's action to remove this parcel from a residential zoning district. The owner has offered to place covenants on the property, and she believes this is a better solution than a unique guiding. Councilmember Johnson stated the bible school has invested in Plymouth for over 30 years, and they have property rights. The bible school has not strayed from their intended use of the property. She is comfortable with the P -I guiding and PUD zoning. She said that because of the existing buildings on the property, this will remain an institutional use. The students leave for three months of the year which results in less impact on the neighborhood. She said that a new church with a concert center, gymnasium, and school could move to the site, and this would likely also be offensive to the neighborhood. This similar use could result in more traffic and more impacts on the neighborhood. Councilmember Spigner said this neighborhood has tried hard to work with the bible school. She believes the neighborhood wants the assurance of residential zoning. Councilmember Johnson stated that institutional uses are permitted in residential districts. Councilmember Spigner said the neighbors are concerned that the size and nature of the expansion is becoming overwhelming for this neighborhood. She would like the bible school to remain but can't support the reguiding to P -I. She believes that the guiding should fit the neighborhood and not this particular use. The neighbors developed a plan of action for the bible school, and she believes this was discounted. Councilmember Bildsoe said he originally had concerns about the intensity of the proposed expansion. In 1996, the City was legally compelled to rezone the site to be compatible with the Comprehensive Plan. He said that a master plan was developed some time ago by the bible school, but he doesn't believe it is relevant because it was not approved by the City. He asked for Council discussion on whether the reguiding request is consistent with the neighborhood. Mayor Tierney asked if the size and scope of the use on the site can be controlled through the PUD. Adopted City Council Minutes December 16, 1998 Page 17 Director Hurlburt said that one of the requirements proposed in the PUD is the maximum number of students. The Council can define the size of the project by the number of buildings approved in the PUD. The Council has controls under the PUD, but major or minor amendments to the PUD can be requested in the future. Manager Johnson reminded the Council that their greatest level of discretion is at the stage of reguiding, with more intermediate discretion when considering a PUD amendment. Councilmember Black said that a P -I guiding is compatible with the neighborhood. Councilmember Preus stated that the City needed to amend the zoning for the site in 1996 to make it consistent with the Comprehensive Plan. It was never the City's intent in 1996 to change the options for the bible school. He believes it is fair to consider a master plan that has been proposed for years. He said that if the Council denies the request, it is uncertain what will happen on the site in the future. If the Council approves the requests, then a greater amount of the same use as in the past will occur. Councilmember Johnson said that this site would be attractive for a school district that needs additional K-12 space. This would generate school buses in the neighborhood, use of the auditorium, ballfields, and gymnasium. The City would have less controls if a church use or K-12 use were proposed on the site with a conditional use permit, and the impacts on these uses would be much greater on the neighborhood. Councilmember Spigner shared a letter written by the Pastor of a Medicine Lake Church when they withdrew their application to build a church and school in Plymouth based on the necessity of having harmony in the neighborhood. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to call the question. Motion carried: Wold, Preus, Spigner, and Black ayes; Bildsoe, Johnson, and Tierney nays. Motion was made by Councilmember Preus, seconded by Councilmember Wold, to reconsider calling the question. Motion carried: Bildsoe, Johnson, Wold, Preus, and Tierney ayes; Spigner and Black nays. Motion to call the question failed: Spigner and Black ayes; Bildsoe, Johnson, Wold, Preus, and Tierney nays. Councilmember Bildsoe asked for an explanation of the history of the master plan. Adopted City Council Minutes December 16, 1998 Page 18 Mr. Pollestad said the master plan included the existing church and houses with the addition of a nursing home, three dormitories, administrative building, chapel, seminary apartment complex, tennis courts, and basketball courts. Councilmember Spigner said that she didn't see all of those buildings on the master plan, and some of the building types have changed from the master plan. Mr. Pollestad reviewed the plan and identified all buildings. He said one dormitory was not built. No gymnasium was listed on the master plan, and an administrative/classroom building serves as the student center. He said that buildings and uses on college campuses change over time. Mr. Gavin said a 1991 staff report references a master development plan which was approved in 1973. Director Hurlburt explained the staff report was prepared for when the last building was built. The prior Zoning Ordinance had an administrative process for submitting general development plans along with rezoning applications. The ordinance was vague in that it was unclear what building approvals that gave. Councilmember Johnson said that the 1991 Comprehensive Plan classifies the property as Public/Semi-Public. Director Hurlburt said that is correct. The guiding change occurred in 1996. Motion to approve the land use guide plan amendment carried: Bildsoe, Wold, Johnson, Preus, and Tierney ayes; Spigner and Black nays. Motion to approve the rezoning and PUD General Plan resolutions carried: Bildsoe, Wold, Johnson, Preus, Black, and Tierney ayes; Spigner nay. Motion to approve the findings of fact and preliminary plat carried: Bildsoe, Wold, Johnson, Preus, Black, and Tierney ayes; Spigner nay. Mayor Tierney called a ten-minute break. Item 8.2 City Code Amendment Concerning Animals Public Safety Director Gerdes presented the staff report on the proposed ordinance amendment concerning animals. He said the Public Safety Advisory Board began a review of the overall ordinance in September 1997. Public comment was received through various means, and the City Council adopted a new ordinance in July with a January 1, 1999, effective date. Staff and the Public Safety Advisory Board was subsequently directed to address several issues. Staff concurs with the recommendations Adopted City Council Minutes December 16, 1998 Page 19 of the Public Safety Advisory Board, but in addition supports retaining the cat at -large restriction with the grandfather clause. The Public Safety Advisory Board felt strongly that the ordinance should not restrict cats from being at large within the City, but should deal with them on a nuisance basis. Staff believes the cat -at -large language is easier to enforce than the proposed nuisance language. Staff recommends Option B in the staff report. Councilmember Preus asked why the Public Safety Advisory Board was opposed to restricting cats at large. He asked how often cats are impounded, and if subsequent complaints are received. Director Gerdes said that the Board felt it was too intrusive of government. If the staff could have crafted an ordinance indicating that enforcement will be only on a complaint basis, the Board may have supported the at large language. Support Services Supervisor Cox said that about 40 percent of the impounds each month are cats, and enforcement is done only on a complaint basis. It is currently difficult to track repeat problems because cats aren't licensed and the owners can't be identified. Harvey Schiebe, 1215 Goldenrod Lane, said that cats should not be at -large, whether or not they are licensed. Cats kill birds and are a nuisance with regard to children's sandboxes. Director Gerdes said that cats are difficult to apprehend. Staff has live traps that would be made available to citizens upon request. Motion was made by Councilmember Spigner, seconded by Councilmember Wold, to adopt ORDINANCE 98-43 AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING ANIMALS, Option B recommended by staff. Motion to amend was made by Councilmember Black, seconded by Councilmember Johnson, to allow an exemption for outdoor cats that are found by a veterinarian to be untrainable as indoor cats. In response to questions, Director Gerdes said the nuisance language would still apply even if certain cats were exempted from the ordinance requirements. He said it is difficult to provide for any exemption and ensure adequate enforcement. The at large provision allows public safety to pick up an animal immediately and work with the owner. Staff would work with the owner of an exempt cat after the fact. Councilmember Bildsoe said enforcement is very difficult with cats, and he can't support the "three strikes" recommendation of the Public Safety Advisory Board. Adopted City Council Minutes December 16, 1998 Page 20 Motion to amend carried: Black, Wold, Johnson, and Tierney ayes; Preus, Spigner, and Bildsoe nays. Motion to amend was made by Councilmember Spigner, seconded by Councilmember Preus, to eliminate the automatic grandfathering clause. The City Attorney noted that if this is eliminated, then Subd. 3 would also not apply. Motion to amend the amendment was made by Councilmember Preus, seconded by Councilmember Johnson, to also strike language in Subd. 3 relating to the grandfather clause. Motion carried, seven ayes. Motion to amend carried: Wold, Preus, Spigner, and Black ayes; Bildsoe, Johnson and Tierney nays. Main motion carried: Wold, Preus, Spigner, Black, and Tierney ayes; Bildsoe and Johnson nays. Item 8.3 Zoning Ordinance Text Amendment Regarding the Keeping of Animals Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt ORDINANCE 98-44 AMENDING THE PLYMOUTH CITY CODE, BY AMENDING CHAPTER 21 WITH RESPECT TO THE KEEPING OF ANIMALS 98182) Motion to amend was made by Councilmember Bildsoe, seconded by Councilmember Johnson, to eliminate ostrich from Section 1. Councilmember Bildsoe explained that there are some people who raise ostriches, and he would like to retain that option. Director Hurlburt said this amendment aligns the Zoning Ordinance with the language in Chapter 9 of the City Code regarding animals. Staff will prepare a similar amendment for consideration at the next meeting. Councilmember Spigner asked how a wolf/dog mix is determined. Director Gerdes said it would have to be proven by scientific means. There was strong recommendation to place the wolf/dog mix into the wild animal ordinance. Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to call the question. Motion carried, seven ayes. Motion to amend carried: six ayes; Spigner nay. Adopted City Council Minutes December 16, 1998 Page 21 Main motion carried, seven ayes. Motion was made by Councilmember Black, seconded by Councilmember Spigner, to adopt RESOLUTION 98-754 APPROVING FINDINGS OF FACT FOR AMENDING SECTION 21005 (DEFINITIONS) AND SECTION 21170.01 KEEPING ANIMALS) OF THE PLYMOUTH CITY CODE (98182). Motion carried, seven ayes. Item 8.4 Approval of Water Resources Management Plan Motion was made by Councilmember Black, seconded by Councilmember Johnson, to adopt RESOLUTION 98-755 APPROVING THE WATER RESOURCES MANAGEMENT PLAN. Councilmember Wold said that one of the recommendations in the plan is to adopt a city- wide ban on the use of phosphorus based fertilizer. He asked the council to consider exceptions for specific times when it is appropriate to use phosphorus -based fertilizer. Councilmember Bildsoe asked that staff provide a periodic update (every 6 or 12 months) on how the City is meeting these goals. Motion carried, seven ayes. Item 8.5 Ordinance on Supermajority Vote Requirement for Tax Levy Increase Motion was made by Councilmember Preus, seconded by Councilmember Wold, to adopt ORDINANCE 98-45 AMENDING CHAPTER III OF THE PLYMOUTH CITY CODE CONCERNING TAX LEVIES, which would enact a supermajority vote requirement for tax levy increases. Mayor Tierney spoke against the motion. She said that each City Council should be able to consider whether to implement this provision which is allowed under the City Charter. A new City Council will take office next month and should be able to make this decision. Motion carried, six ayes; Tierney nay. Item 8.6 Request for Agenda Item at January 5, 1999 Council Meeting Motion was made by Councilmember Bildsoe, seconded by Councilmember Black, to direct staff to provide a report for consideration at a January meeting to initiate a Land Use Guide Plan amendment from IP (Planned Industrial) to CO (Commercial Office) for property located north of Medina Road, south of Highway 55, and west of Plymouth Ponds Business Park. Adopted City Council Minutes December 16, 1998 Page 22 Councilmember Preus opposed the motion. He said that the City needs industrial property, and the Elim project was substantially changed during planning because of this abutting industrial property. Councilmember Bildsoe stated that there will be debate and criticism on this issue no matter what action the Council takes. He believes that the issues should be openly considered. Councilmember Spigner suggested that the item be referred to a study session, but said she is hesitant to second-guess action the Council has already taken. Councilmember Bildsoe said that he views this as using the City's ability to be proactive and plan the City. This would be the third time that the City has initiated a reguiding action in the past few years, and the previous two attempts failed. Mike Leuer, 3600 Holly Lane, said that they do not favor a change in the Comprehensive Plan with respect to this parcel. He said that only 70 feet of the parcel abuts Medina Road, and the other abutting property owners do not want reguiding. He relied on the guiding when the property was purchased, and they are in the process of applying for a PUD. Councilmember Preus opposed the motion, but suggested that if the Council conducts a study session, they consider the appropriateness of the zoning. It is an excellent opportunity for staff to explain the site history and the need for industrial property in the City. Motion carried: Bildsoe, Johnson, Spigner, Black, and Tierney ayes; Preus and Wold nays. Item 8.7 School Boundary Changes Councilmember Black said that the Osseo School District 279 is in the process of adjustment their school attendance boundaries. She would like the City Council to reaffirm a resolution adopted in 1995 encouraging the school district to consider certain objectives during this process. Motion was made by Councilmember Black, seconded by Councilmember Johnson, to reaffirm Resolution 95-29 Resolution Regarding School Attendance Boundary Changes, and to direct staff to forward a copy to School District 279 along with a letter indicating that the City respects the authority of the School District to establish its attendance boundaries, but asking that certain objectives be considered in the process. Motion carried, seven ayes. Adopted City Council Minutes December 16, 1998 Page 23 Motion was made by Councilmember Wold, seconded by Councilmember Bildsoe, to adjourn the meeting at 12:47 a.m. Motion carried, seven ayes. Ocz-' Z Laurie Ahrens City Clerk