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