HomeMy WebLinkAboutCity Council Minutes 10-12-2004Adopted Minutes
Regular Council Meeting
October 12, 2004
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on October 12, 2004.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Bildsoe, Black, Hewitt, Slavik, Stein,
and Neset.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Deputy Fire Chief Hurr, Community Development
Director Hurlburt, City Engineer Quanbeck, Finance Director Hahn, Building Official Ryan,
Housing Manager Barnes, Park and Recreation Director Blank, City Forester Buck, Police Chief
Goldstein, City Attorney Knutson, and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Eagle Scout Project Presentation by Life Scout Steve Guzik
Life Scout Steve Guzik presented a project at the Parkview Ridge wildflower garden that he
recently completed.
4.02) Announcement of Appointment of Councilmember Hewitt to the Transportation
Advisory Board by the Association of Metropolitan Municipalities
The Council congratulated Councilmember Hewitt who was recently appointed to the
Transportation Board by the Association of Metropolitan Communities.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 2 of 11
4.03) Announcement of City Achievement Award, Presented by the League of Minnesota
Cities
City Manager Ahrens reported that the City recently received the League of Minnesota Cites'
2004 City Achievement Award in the communication category for the Financial Extra
publication.
4.04) Announcement of Mayor Johnson being Elected to President of the League of
Minnesota Cities Board
Councilmember Hewitt announced that Mayor Johnson was recently elected as President of the
League of Minnesota Cities.
4.05) Announcement of Items Won at the League of Minnesota Cities
Mayor Johnson announced that the City won a Kodak digital camera and $1,000 in a grand prize
drawing at the League of Minnesota Cities Conference.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to adop
a Resolution Accepting Items Received at the League of Minnesota Cities Conference Res2004-
408. With all members voting in favor, the motion carried.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the agenda. With all members voting in favor, the motion carried.
Consent Agenda
Councilmember Hewitt removed item No. 6.05, and it was placed under General Business as
item No. 8.3.
Roger Newman, 14520 13"' Avenue North, requested that item No. 6.14 be removed from the
Consent Agenda. Mayor Johnson placed this item under General Business as item No. 8.4.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the amended Consent Agenda, which included the following items:
6.01) Minutes from the Regular Meeting of September 13 and September 28, and Special
Meetings of September 28, September 29, and October 5.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 3 of 11
6.02) Resolution Calling for a Public Hearing on Approval of a Project Plan for Redevelopment
Project Area No. 1 (CSM -Lowes Redevelopment Project) in the City of Plymouth and on
Approval of a Tax Increment Financing Plan for Tax Increment Financing (Redevelopment)
District No. 1-1 (Res2004-409).
6.03) Resolution Approving a Conditional Use Permit to Allow Construction of a 7 -foot High
Fence for Property located at 18215 20 Avenue North (2004117 — Res2004-410).
6.04) Resolution Approving a Land Use Guide Plan Amendment for the City of Plymouth for
Property located at 5025 Vicksburg Lane North (2004108 — Res2004-411), Ordinance Amending
Chapter 21 of the City Code to Classify Certain Land located at 5025 Vicksburg Lane North
2004108 — Ord2004-23), Resolution Approving Findings of Fact for the Rezoning of Property
located at 5025 Vicksburg Lane North (2004108 — Res2004-412), Resolution Approving a Final
Plat for "The Fields of Nanterre Vicksburg Lane Reservoir" for Property located at 5025
Vicksburg Lane North (2004108 — Res2004-413), and a Resolution Approving a site Plan and
Conditional Use Permit to allow Construction of a Six Million Gallon In -Ground Drinking Water
Reservoir, Pump House and Related Site Improvements for Property located at 5025 Vicksburg
Lane North (2004108 — Res2004-414).
6.05) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.06) Resolution Approving Request for Payment No. 8 and Final Nathan Lane/Lancaster Lane
Improvements (10 14 — Res2004-415).
6.07) Resolution Approving Request for Payment No. 2 and Final 2004 Seal Coat Program
Res2004-416).
6.08) Resolution Approving Change Order No. 1 for Well No. 15 Drilling Improvements
Project (2039 — Res2004-417).
6.09) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment Rolls for 2004 Street Reconstruction for Mission Area/Deerhaven Area (4101 —
Res2004-418) and a Resolution Calling for Public Hearing on Proposed Assessment for 2004
Street Reconstruction for Mission Area/Deerhaven Area (4101 — Res2004-419).
6.10) Resolution Approving Final Release of Financial Guarantee for Harrison Place on Bass
Creek Addition (94051 — Res2004-420).
6.11) Resolution Approving a Final Plat and Development Contract for Orrin Thompson
Homes for "Timber Creek Crossing, Second Addition" located at 51" Avenue North and Everest
Lane (2004101F — Res2004-421).
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 4 of 11
6.12) Resolution Authorizing Issuance and Sale of $13,140,000 General Obligation Water
Revenue Bonds, Series 2004B (Res2004-422).
6.13) Resolution Approving Change Order No. 2 for the Plymouth Creek Center (Res2004-
423).
6.14) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.4).
6.15) Resolution Approving Request for Final Payment for Ridgemount Playfield Tennis Court
Project (4108—Res2004-424).
6.16) Resolution Approving the Professional Engineering Services Agreement with SRF
Consulting Group, Inc. for Vicksburg Lane Improvements from 32 d Avenue to Trunk Highway
55 (4134 - Res2004-425).
The motion carried to approve the amended Consent Agenda.
Public Hearings
There were no public hearings scheduled).
General Business
8.1) Zoning Appeal, Religious Use in the I-2, General Industry District (Evergreen
Community Church — 2004106)
Community Development Director Hurlburt reported on the appeal from Evergreen Community
Church to allow a religious use in the I-2 Zoning District at the Midwest Business Center
building at 5205 State Highway 169. She stated the applicant proposes to lease one of two
vacant spaces (approximately 15,800 to 16,800 sq. ft) in the Midwest Center Building for the
purpose of conducting their worship services and other related activities. The applicant also
submitted correspondence from the Pacific Justice Institute stating how they believe RLUIPA
Federal Religious Land Uses and Institutionalized Persons Act of 2000) applies to this
application. Staff reviewed the application and determined that the application couldn't be
accepted because the Zoning Ordinance doesn't allow religious institutions either as a permitted
use or by Conditional Use Permit in the I-2, General Industry Zoning District in which the site is
located. She stated staff sent a letter to the applicant on August 19 advising them of the ruling by
the Zoning Administrator and explaining that they would have 30 days to appeal. The $200
application fee was refunded.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 5 of 11
On September 3 the applicant submitted their appeal, which is based on a possible violation of
RLUIPA as described in the letter from the Pacific Justice Institute and Evergreen's potential
benefits to the community. She stated if the Council were to sustain the appeal, the original
application would be processed.
She discussed the definitions of RLUIPA. She stated that RLUIPA contains provisions
mandating that local land use regulations must:
1. Grant equal treatment to a religious assembly or institution.
2. Not discriminate against any assembly or institution on the basis of religion or religious
denomination.
3. Not impose or implement a land use regulation that totally excludes religious assemblies from
a jurisdiction or unreasonably limits religious assemblies, institutions or structures within a
jurisdiction.
She explained that the Zoning Ordinance allows "religions institutions such as churches, chapels,
temples, synagogues, limited to worship and related social events" in several zoning districts.
Churches are specifically allowed as a permitted use in the PI (public/institutional zoning
district) and by Conditional Use Permit in all urban residential districts (all RSF and RMF
districts), subject to the general conditions that apply to all Conditional Use Permits. In addition,
churches are also allowed by Conditional Use Permit in the C-2 district and all of the City Center
sub districts, subject to general conditions, and provided that the space used for the church is
shared with a use allowed within the district, or occupies no more than 20 percent of a multi -
tenant shopping center, and if activities are limited to worship services and directly related social
events. She noted that only 9.7% of the City's land is located in one of the industrial zoning
classifications or an industrial planned unit development that prohibits churches. She also stated
that the City's Zoning Ordinance hasn't been a barrier or substantial burden hampering churches
from locating in Plymouth, as there are currently 27 churches occupying approximately 230
acres of land in various zoning classifications.
She commented that the economy has been changing over the last several decades and so have
industrial areas. Buildings once used for manufacturing are being retrofitted for high-tech
businesses and service companies. With the recent downturn in the economy, there has been an
increase in the vacancy rate in the industrial sector, depressing rents and making vacant
industrial buildings attractive for uses that previously would've looked elsewhere. She stated
churches have also changed in that they are much larger, with increasing impacts on their
neighborhoods due to traffic and parking. Many times they draw from a large area and desire
highly visible locations. They are also more likely to operate seven days a week, not just on
weekends. While churches may share some of the same impacts (i.e. traffic) as some uses in
industrial areas, there are still good reasons to prohibit them from industrial zoning districts.
Cities have an interest in protecting long-term viability of their limited amount of high-quality
industrial sites, and in protecting compatible uses (such as many of the family -orientated
activities associated with churches) and traffic from negative impacts of industrial businesses.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 6 of 11
She stated if the Council wishes to allow churches on some basis in the industrial zoning
districts, staff recommends that the next appropriate next step would be to amend the Zoning
Ordinance so as to provide the specific circumstances, location or conditions that would ensure
that they would be compatible with the other uses and purposes of the district. Providing
specific standards to allow churches as conditional uses would be a better approach than granting
an appeal such as this request. She stated staff is recommending denial of the appeal.
Councilmember Black asked if sexually oriented businesses are permitted in industrial zoning
districts. Community Development Director Hurlburt stated yes, and there are negative impacts
with those businesses, and there is Federal law that suggests having those types of businesses in
an area that has the least amount of impact on the City.
Mayor Johnson noted that there could be negative impacts associated with industrial uses (i.e.
chemicals, noise, fumes) in the space adjacent to where the church desires to be located.
Community Development Director Hurlburt stated that is why commercial and industrial uses
are segregated due to the noises, potential fumes, activities and traffic. She stated the church
could make a complaint in the future that could be very difficult for the industrial use which
would force that use to relocate.
Councilmember Black stated that to the south of this site, there would be AGA Medical. She
asked what kind of traffic issues would be associated with that business. Community
Development Director Hurlburt replied she is unsure. However, their facility would include the
manufacturing use and their corporate office.
Councilmember Bildsoe noted that there is only 8% of the total acreage in the City for industrial
uses; therefore, this seems to be an "endangered species." Community Development Director
Hurlburt agreed and stated that any growth would come from expansion of existing businesses.
Pastor Doug Patterson stated they are a 17 -year old church that originally started in
Bloomington. They are a non -denominational church, and they want to locate in the City. He
mentioned that they used to meet at the Wayzata Central Middle School and Armstrong High
School. He noted that they have relocated seven times the past 10 years. They desire a location
where their congregation could access 24 hours per day, seven days per week. He stated the
proposed location is a viable option as there is ample parking and the owner and other tenants of
the building support their proposal.
Mayor Johnson asked Mr. Patterson if they have reviewed any other commercial areas. Mr.
Patterson replied yes.
Mayor Johnson asked if staff reviewed the parking needs of this location. Community
Development Director Hurlburt replied no.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 7 of 11
Mike Garaghty, 15710 7th Avenue North, a member of Evergreen, stated they have tried other
churches, but Evergreen was the best fit for them. Evergreen has changed their lives.
Dawn Dexter, 17475 48th Place North, stated they were welcomed immediately by Evergreen,
and they have been attending this church for five years. She commented on the wonderful
support network that the church provides. She stated overall, she feels this permanent home for
Evergreen would be beneficial to the Plymouth as the organization is open and accepting.
Pastor Mark Stiglicz, stated they have completed a fairly extensive research for a new facility,
and they have reviewed neighboring communities. He explained there were 40 properties
reviewed, and many of them had parking, price, and location issues that wouldn't work for their
church services. He stated this proposed location is the only property that would meet their
current needs. He stated they would be using the site during the off-peak times, it would be very
functional, and there would be sufficient parking. He referenced the correspondence from the
Pacific Justice Institute regarding RLUIPA. They would be using the site during the off-peak
times. There is sufficient parking for what they would need, and it would be very functional.
However, they don't intend to use the RLUIPA law to "bully" their way into the City.
Mayor Johnson stated the price of purchasing or leasing property isn't an issue for the Council.
Jeffrey Thompson, 3189 Fembrook Lane North, stated the I-2 district has a number of permitted
and conditional uses and religious assemblies aren't permitted in either district. However, in
these districts, commercial recreation indoor uses, sports and fitness clubs are permitted as
conditional uses. He stated those uses are non -religious assembly uses. He stated the City
couldn't discriminate against religious assemblies (RLUIPA) where recreational uses are
allowed. He believes that under RLUIPA and other uses classified as non -religious assemblies,
that the Zoning Ordinance would be inconsistent with RLUIPA. He stated they have worked
with realtors to locate adequate facilities, and this is the only property that works for them.
Evergreen would be a good tenant and a good neighbor.
Mayor Johnson stated she is concerned about protecting Evergreen and having adjacent
compatible uses. She stated if this use was approved at this site, the City would need to allow it
in other 1-2 Zoning Districts as the City couldn't do "spot zoning."
City Attorney Knutson stated staff's conclusion is that the current zoning of this property is not a
violation of RLUIPA. He stated there isn't a basis for "trumping" local zoning. He noted that
the 1-2 Zoning District is the only district in which sexually oriented businesses could be located.
He noted that the Supreme Court requires cities to provide a place for this type of use under the
First Amendment. This type of use also has to be a certain distance from churches and schools.
If the City were to allow churches in industrial areas, then there is a problem where sexual
oriented businesses would be allowed. Staff has reviewed what's allowed in the I-2 Zoning
District, and those uses aren't allowed. The regulation should be viewed as the Zoning
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 8 of 11
Ordinance in its entirety. He stated one needs to compare the overall treatment of non -religious
and religious assemblies.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Dente thehe Appeal of Evergreen Community Church for a Religious Use in the I-
2, General Industry District (2004106 — Res2004-426).
Councilmember Black stated she would be uncomfortable with churches and sexually oriented
businesses being allowed in the same zoning district. She noted there would also be noise and
traffic issues with being in an industrial area as well as the AGA Medical expansion and how
that business could impact this location.
Councilmember Bildsoe stated that he wouldn't support amending the I-2 Zoning District to
allow churches at this time, but he would be interested in reviewing the Zoning Ordinance in the
future to address Councilmember Black's concerns. He stated retaining the current zoning on
this property does provide a benefit to the community. He agreed that the church would be an
asset to the community, but he is also concerned about adjacent uses, noise, and truck traffic. In
addition, if the Council were to amend the Zoning Ordinance to allow churches in the I-2 Zoning
District, this could occur in another location.
Councilmember Slavik stated a church at this location would be in incompatible use, and it
concerns her that a precedent would be set, as well as impacts from adjacent uses. She stated
there have been problems with commercial uses being adjacent to residential areas, and she
wouldn't want to approve that same type of situation. She noted that if this request was
approved at this location, churches could be allowed to locate in other I-2 Zoning Districts. She
stated the City has carefully planned where sexually oriented businesses could be located, and
that is why those type of businesses have been restricted to the I-2 Zoning District. She wouldn't
want that type of business to be adjacent to a church.
Mayor Johnson agreed that she would also be willing to review the Zoning Ordinance as
Councilmembers Black and Bildsoe have mentioned.
She requested a friendly amendment to the motion that the City would review the Zoning
Ordinance as it relates to RLUIPA and where churches could be located. This amendment was
accepted.
There being no further discussion and with all members voting in favor of the amended motion,
the motion carried.
8.2) Comments on the draft Metropolitan Council Transportation Policy Plan
Community Development Director Hurlburt stated the Metropolitan Council is in the process of
updating the Transportation Policy Plan, and there is a public comment period until October 22.
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 9 of 11
She stated staff has reviewed the proposed plan and has prepared a Resolution forwarding
comments to the Metropolitan Council.
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Comments on the Metropolitan Council's 2030 Transportation Policy
Plan (Res2004-427). With all members voting in favor, the motion carried.
8.3) Modification to Conditions of Approval for an Interim Use Permit for Property
located at County Road 101 at approximately 50h Avenue North (DSU, Inc. - 2004014)
Councilmember Hewitt requested staff to explain the modification.
Community Development Director Hurlburt explained the only item that was changed was the
deadline date of October 27 to have the work completed. She stated the revision is solely to
amend the approval date to allow an additional six months to complete the work and does not
alter any other condition of approval.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a
Resolution Revisine Resolution 2004-177 Anorovine Reauest for an Interim Ilse Permit for
Avenue North (2004014 — Res2004-428). With all members voting in favor, the motion carried.
8.4) Abatement of Hazardous Building located at 14520 13th Avenue North
Building Official Ryan provided the history on this property since early 1997 which involved a
building addition that has never been completed. He noted that the property contains several
dilapidated detached accessory structures and is littered with junk, debris, and other construction
materials which have been exposed to the elements for many years. In addition, the property is
overgrown with tall grass and noxious weeds and is generally unkempt in appearance which
creates a public nuisance. He stated that staff has received numerous calls from property owners
in the immediate neighborhood who have voiced their concerns regarding the lack of
maintenance, construction, and overall appearance of the property. Staff has been unsuccessful
in obtaining the property owner's cooperation in correcting the problems. He requested that the
Council adopt a Resolution authorizing the City Attorney to serve the order in accordance with
Minnesota Statutes which would allow the City to demolish the buildings, clean up the yard, and
assess all related costs against the property.
Roger Newman, 14520 13th Avenue North, stated he is receipt of a list containing 12 items that
need to be corrected. Of these items, three are permit issues. He stated that he has been out of
town which has worsened the situation. He noted his difference of opinion with Building
Official Ryan in accessing his property. He stated his building permit was revoked during
construction, and the work was completed. He agreed that the trusses do look very weathered
and he might have to receive certification on those. He also noted the plywood sheeting that has
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 10 of 11
been exposed to the weather. He stated that he is in the process of security a home equity loan to
finish the project.
Councilmember Bildsoe referred to the photographs in the Council packets depicting the
condition of the property as well as an unregistered motor vehicle.
Mr. Newman clarified that the vehicle is no longer on blocks but is enclosed.
Councilmember Black stated the initial building permit was applied for in 1999 when the
inspection of the footings was completed.
Mr. Newman disagreed and stated all this started in 1998 when he was out of town. He stated it
took him two years to build the foundation.
Councilmember Stein asked if staff has tried to set "milestones" form Mr. Newman to order to
have the work completed. City Attorney Knutson replied no.
Councilmember Stein asked Mr. Newman when he would be notified if his loan were approved.
Mr. Newman replied within one month, and it would take him approximately one year to
complete the work.
Councilmember Bildsoe referenced all the material contained on this property in the Council
packets. He stated there were"milestones" that weren't reached as well as promises to staff when
the work was to be completed.
City Attorney Knutson commented that his staff and City staff have worked very hard on abating
the nuisances with this property. Therefore, staff recommends adopting the Resolution
approving the order to proceed. He stated that staff could work out something with the judge if
necessary.
Jeffrey Curtis, 14705 13t,'Avenue, stated the neighbors are frustrated with Mr. Newman's
inability to complete the project. He urged the Council to approve the order.
Motion was made by Councilmember Slavik and seconded by Councilmember Hewittto adopt
a Resolution Ordering Abatement of Hazardous Buildings located at 14520 13Lh Avenue North
Res2004-429). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
There were no Reports or Staff Recommendations).
Adopted Council Minutes
Regular Meeting of October 12, 2004
Page 11 of 11
Adjournment
Mayor Johnson adjourned the meeting at 9:15 p.m.
Szindra R. Paulson, City Clerk