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HomeMy WebLinkAboutCity Council Minutes 05-02-1995MINUTES REGULAR COUNCIL MEETING MAY 29 1995 A regular meeting of the Plymouth City Council was called to order by Mayor Tierney at 7:00 p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., on May 2, 1995. PRESENT: Mayor Tierney; Councilmembers Lymangood, Helliwell, Edson, Anderson, and Wold. Councilmember Granath arrived at 7:05 p.m. 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 Director Blank, Planning Supervisor Senness, City Attorney Knutson, and City Clerk Ahrens. ITEM 3 FORUM; EROSION CONTROL ORDINANCE Councilmember Granath arrived at 7:05 p.m. Martin Harstad, 2195 Silver Lane Road, New Brighton, represented Harstad Homes Inc. He requested a one to two week exemption from the City's erosion control ordinance. He said there is a significant amount of curb, approximately 4,000-5,000 feet, in the Sugar Hills 3rd Addition, and the City has advised him that two rows of sod or a continuous silt fence must be erected to abut it. If it is not installed by Monday, staff has informed him that a stop work order will be issued. Mr. Harstad said he has contracted for the sod installation, but the contractor cannot guarantee all the sod will be installed within a week. He said that the erosion control ordinance was adopted during the winter, and it didn't take into account that the sod fields are not open this early in the spring. Manager Johnson asked if the area has been graded. Mr. Harstad responded that the grading has been done and the entire area has been seeded. Mayor Tierney asked staff to comment on the requirements. Public Works Director Moore explained that the erosion control ordinance requires that either siltation fence or sod be installed in order to intercept the silt. New seeding would not accomplish this. He said that staff has been working with Regular Council Meeting May 2, 1995 Page 2 developers over the last month on the requirements of the new ordinance, and there has been good compliance. Councilmember Lymangood asked if Mr. Harstad brought this concern forward during the public hearing process on the erosion control ordinance. Mr. Harstad stated no. He said that staff has authority to have the streets cleaned at his expense if there is siltation runoff. He said there have been typical problems with runoff this spring in this development. No action was taken by the Council. ITEM 4-A GREEN LAWNS, BLUE WATER - WATER QUALITY TASK FORCE Manager Johnson reported that the phosphorus -free fertilizer sale held on April 29 was very successful with 585 bags of fertilizer sold. ITEM 4-B REPORT FROM CHARTER COMMISSION Virgil Schneider, 11520 54th Avenue North, Chairperson of the Plymouth Charter Commission, stated that the Charter Commission has voted to place three charter amendments before the voters on the November 1995 ballot. The proposed amendments are: 1) applying general or statutory law when the Charter is silent on an issue; 2) requiring that a ward candidate or councilmember be a resident of the ward during the 30 days preceding city election; and 3) giving the mayor authority to make an appointment to fill a vacancy if the City Council has not made an appointment within 60 days of the time a vacancy is declared. Councilmember Helliwell asked how the questions will be worded on the ballot and whether there will be three separate questions. Assistant City Manager Lueckert explained that the exact wording is still under consideration by the Charter Commission working with the City Attorney. The question(s) will be publicized prior to the election. Councilmember Anderson asked for an explanation of the third item that would allow the Mayor to make a City Council appointment if the Council did not do it within 60 days. He asked why the Mayor would make the appointment, rather than the Council or through a special election. Charter Commission Chairperson Schneider said that the Charter currently provides that the maximum time for which an appointment could be made is two years. The Commission feels that the cost of a special election is not justified for Regular Council Meeting May 2, 1995 Page 3 an appointment of less than a two year term. He said the Charter Commission discussed 45 and 60 days, during which time the Council would need to make an appointment. The Commission feels that 60 days is reasonable including time for publication, interviews, and appointment. The Charter Commission would like the City Council to make the appointment, but if a decision is not made within 60 days, the Mayor should make the appointment in order that residents have adequate representation. Councilmember Anderson said he is strongly in favor of a period of time longer than 60 days for the City Council to make the decision on an appointment. He noted that the process to appoint Ward 2 Councilmember Morrison and Ward 2 Councilmember Wold was extensive, and it takes a minimum of 60 days for the entire process. Councilmember Wold noted that former Ward 2 Councilmember Morrison resigned on October 18, and he was appointed to fill the vacancy on December 5. This did not include a complete application/interview process. Mayor Tierney stated the City Council did accept applications and conduct interviews of only the new applicants. She explained that the Charter Commission is looking for a reasonable time in which the Council must efficiently handle an appointment process. Councilmember Anderson suggested that the language could be amended to provide that if there is a Council deadlock on the appointment after 90 days, the Mayor would make the appointment. This would provide adequate time for the Council to conduct the appointment process. Councilmember Lymangood agreed that citizens need representation at all times, but the Council shouldn't be hurried to make a good decision. Chairperson Schneider invited the Council and residents to participate in a public hearing at 7:00 p.m. on Tuesday, May 9, to discuss the three proposed Charter amendments. ITEM 4-C PROCLAMATION FOR OLDER AMERICANS MONTH Sara Mittlestadt, Senior Coordinator, introduced members of the Plymouth Seniors Group and Over 55 Club. She noted that in the last year these Plymouth seniors volunteered about 10,700 hours. Mayor Tierney proclaimed May, 1995, as Older Americans Month in the City of Plymouth. Regular Council Meeting May 2, 1995 Page 4 ITEM 5 APPROVE AGENDA Councilmember Lymangood requested that announcement of the "Greening of Plymouth Entryways" be added prior to Item 7-A. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to approve the agenda as amended. Motion carried, seven ayes. ITEM 6 CONSENT AGENDA Item 6-R was removed from the Consent Agenda. Councilmember Edson stated that he is a member of Glory of Christ Lutheran Church, the applicant for Item 6-D. He has no direct financial interest and, therefore, no conflict of interest. He will vote on the item, unless councilmembers feel he should abstain. Councilmember Wold stated he is abstaining from Item 6-Q due to a potential conflict of interest. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the Consent Agenda as amended. Motion carried, seven ayes. ITEM 6-A APPROVAL OF MINUTES MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve the minutes of the April 18 regular Council meeting. Motion carried, seven ayes. ITEM 6-B APPROVE DISBURSEMENTS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-261 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 21, 1995. Motion carried, seven ayes. Regular Council Meeting May 2, 1995 Page 5 ITEM 6-C JANCO, INC. REZONING FOR FRENCH RIDGE (94159) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 95-23 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED WEST OF NORTHWEST BLVD. AND SOUTH OF COUNTY ROAD 9 (94159). Motion carried, seven ayes. ITEM 6-1) GLORY OF CHRIST LUTHERAN CHURCH (95022) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 95-24 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 4040 COUNTY ROAD 101 (95022). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-262 APPROVING SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT AMENDMENT FOR GLORY OF CHRIST LUTHERAN CHURCH FOR PROPERTY LOCATED AT 4040 COUNTY ROAD 101 (95022). Motion carried, seven ayes. ITEM 6-E OPUS CORP. LOT DIVISION FOR TWIN CITY FAN AND BLOWER (95031) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-263 APPROVING LOT DIVISION/CONSOLIDATION FOR OPUS CORPORATION FOR TWIN CITY FAN AND BLOWER, 5959 TRENTON LANE NORTH (95031). Motion carried, seven ayes. ITEM 6-F CITY OF PLYMOUTH (95032) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 95-25 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED AT THE NORTHWEST CORNER OF 37TH AVENUE NORTH AND NORTHWEST BOULEVARD (95032). Regular Council Meeting May 2, 1995 Page 6 Motion carried, seven ayes. ITEM 6-G DEVELOPMENT CONTRACT BOND REDUCTIONS MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-264 REDUCING DEVELOPMENT BOND, KIMBERLY WOODS ADDITION (93018). Motion carried, seven ayes. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-265 REDUCING DEVELOPMENT BOND, CAMELOT OVERLOOK ADDITION (93035). Motion carried, seven ayes. ITEM 6-H ORDER 1995 STREET RECONSTRUCTION PROGRAM - RANCHVIEW LANE, PROJECT 501 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-266 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS, 1995 STREET RECONSTRUCTION (RANCHVIEW LANE) PROGRAM, CITY PROJECT NO. 501. Motion carried, seven ayes. ITEM 6-I APPROVE PLANS AND ORDER BIDS FOR 1995 STREET RECONSTRUCTION PROGRAM, PROJECT 501 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-267 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1995 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 501. Motion carried, seven ayes. ITEM 6-J APPROVE PLANS AND ORDER BIDS FOR 1995 CRACK REPAIR MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-268 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1995 CRACK REPAIR. Regular Council Meeting May 2, 1995 Page 7 Motion carried, seven ayes. ITEM 6-K CORRECTING LEGAL DESCRIPTION OF TRAIL EASEMENT MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-269 AMENDING RESOLUTION 94-789 RECORDED DOC. #2578079 AUTHORIZING THE VACATION OF A PORTION OF A TRAIL EASEMENT IN NORTHWEST BUSINESS CAMPUS 9TH ADDITION. Motion carried, seven ayes. ITEM 6-L COMMENTS ON METROPOLITAN COUNCIL'S CHANGES TO 20m YEAR TRANSPORTATION PLAN MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to direct staff to send a letter to the Metropolitan Council, as contained in the staff report, in response to proposed changes to the region's 20 -year transportation plan. Motion carried, seven ayes. ITEM 6-M CONSTRUCTION AGREEMENT FOR COUNTY ROAD 61, PROJECT 513 MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-260 APPROVING CONSTRUCTION COOPERATIVE AGREEMENT, COUNTY ROAD 61 FROM HIGHWAY 55 TO INDUSTRIAL PARK BOULEVARD, COUNTY PROJECT NO. 9317, CITY PROJECT NO. 513. Motion carried, seven ayes. ITEM 6-N RENEW POLICE EXPLORER POST CHARTER AGREEMENT MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to authorize the City Manager to execute the renewal of the annual Charter Agreement for the Police Department's Explorer Post #905. Motion carried, seven ayes. Regular Council Meeting May 2, 1995 Page 8 ITEM 6-0 APPROVE LUMP SUM PENSION BENEFIT INCREASE FOR FIRE RELIEF ASSOCIATION MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to approve increasing the lump sum pension benefit for the Plymouth Firefighters Relief Association to $3,750 per year of service effective January 1, 1995. Motion carried, seven ayes. ITEM 6-P ORDINANCE PROHIBITING SOLICITATION OF UNDERAGE PERSONS TO ENTER A MOTOR VEHICLE MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt ORDINANCE 95-26 ADDING SECTION 950 OF THE PLYMOUTH CITY CODE CONCERNING SOLICITATION OF UNDERAGE PERSONS TO ENTER MOTOR VEHICLES, AND PROVIDING A PENALTY FOR VIOLATIONS. Motion carried, seven ayes. ITEM 6-0 CARLSON REAL ESTATE COMPANY (95023) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-270 APPROVING LOT DIVISION AND VARIANCE FOR CARLSON REAL ESTATE COMPANY FOR MINNEAPOLIS INDUSTRIAL PARK -- SITE 45, LOCATED NORTHEAST OF CARLSON PARKWAY AND I-494 (95023). Motion carried: six ayes; Wold abstained. MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-271 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR CARLSON REAL ESTATE COMPANY FOR MINNEAPOLIS INDUSTRIAL PARK -- SITE 45, LOCATED NORTHEAST OF CARLSON PARKWAY AND I-494 (95023). Motion carried: six ayes; Wold abstained. Regular Council Meeting May 2, 1995 Page 9 ITEM 6-S APPROVE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR WAYZATA HIGH SCHOOL (94131) MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-272 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED ON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MARCH 1995 FOR THE PROJECT PROPOSED BY ISD 284 (WAYZATA) AND THE CITY OF PLYMOUTH FOR WAYZATA HIGH SCHOOL. Motion carried, seven ayes. ITEM 6-T SET CANVASSING BOARD MEETING MOTION was made by Councilmember Anderson, seconded by Councilmember Edson, to adopt RESOLUTION 95-273 ESTABLISHING SPECIAL COUNCIL MEETING TO CANVASS RESULTS OF SPECIAL ELECTION ON MAY 23. Motion carried, seven ayes. ITEM 6-U GREENING OF PLYMOUTH PROGRAM Park and Recreation Director Blank explained the "Greening of Plymouth" Program and invited residents to participate in the May 6 event. Over 1,900 trees, shrubs, and flowers will be planted by about 50 volunteers in the northeast quadrant of Carlson Parkway and I-494. ITEM 6-R APPROVE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR SOO LINE EAST (94090) Councilmember Lymangood showed the Environmental Assessment Worksheet for the Soo Line East project (94090) and noted that the City is the governing body to make the decision on the accuracy and completeness of the document. He explained that this is the process for the public to comment on the accuracy an completeness of the EAW for this project. Regular Council Meeting May 2, 1995 Page 10 MOTION was made by Councilmember Lymangood, seconded by Councilmember Edson, to adopt RESOLUTION 95-274 DECLARING FINDING OF "NO NEED" FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED ON THE REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MARCH 20, 1995, FOR THE PROJECT PROPOSED BY LUNDGREN BROS. CONSTRUCTION FOR SOO LINE EAST. Motion carried, seven ayes. ITEM 7-A VACATION OF FERNBROOK LANE STREET RIGHT-OF-WAY WITHIN HARBOR PLACE ADDITION Public Works Director Moore presented the staff report on the request for vacation of a portion of Fernbrook Lane street right-of-way within Harbor Place Addition. Mayor Tierney opened the public hearing at 7:50 p.m. Howard Hempel, 450 Glacier Lane North, said he had submitted a petition requesting that this area be vacated. He would like to install a fence to the new property line to accommodate their daycare business. Mr. Hempel stated that he had spoken to George Eddy, the property owner on the north side of the roadway to be vacated. Mr. Eddy had indicated that if the Hempels' paid for the removal of the asphalt, they could have all of the vacated property. Mr. Hempel asked if he could do the required sod work himself, as the estimated cost is $900 and they want to put a portion of the vacated property into use as a play area. George Eddy, 14355 4th Avenue North, confirmed the statements made by Mr. Hempel. He is not interested in paying to have the asphalt removed. If Mr. Hempel pays for the removal, he can have all of the property. Mayor Tierney asked staff to comment. Public Works Director Moore stated that the City does not have ownership of the property - the City uses it for public right-of-way. If the vacation is adopted, the City would give up its right to use the property as right-of-way. Typically, half the vacated property would go to the property owners on each side. If the affected property owners choose to do something other than that, staff could assist the owners. City Attorney Knutson concurred that the City only would vacate its easement right as a public right-of-way. Generally, the vacated property would go equally to Regular Council Meeting May 2, 1995 Page I1 the properties on both sides. It is the discretion of those owners to determine if they desire a change in ownership. Public Works Director Moore noted that the easement for underground utilities would be retained. Mayor Tierney closed the public hearing at 7:55 p.m. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt RESOLUTION 95-275 AUTHORIZING THE VACATION OF A PORTION OF FERNBROOK LANE (ALSO KNOWN AS 4TH AVENUE) RIGHT-OF-WAY IN HARBOR PLACE ADDITION. Councilmember Wold asked what the abutting residents need to do in order to have the asphalt removed. Public Works Director Moore stated that the resolution contains a provision that the asphalt roadway would not be removed until it is included in a future reconstruction project, unless the property owner(s) chose to do that at their cost. Staff would work with the property owners to determine how to proceed if they select that option. Motion carried, seven ayes. ITEM 7-B VACATION OF EASEMENTS IN BASS CREEK BUSINESS PARK ADDITION Public Works Director Moore presented the staff report on the proposed vacation of drainage and utility easements within Lots I and 2, Block 2, Bass Creek Business Park Addition. Mayor Tierney opened the public hearing at 7:58 p.m. No one appeared, and the hearing was closed. MOTION was made by Councilmember Helliwell, seconded by Councilmember Anderson, to adopt RESOLUTION 95-276 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS IN LOTS 1 AND 2, BLOCK 2, BASS CREEK BUSINESS PARK ADDITION. Motion carried, seven ayes. Regular Council Meeting May 2, 1995 Page 12 ITEM 8-A INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN PLATS IN COMMERCIALANDUSTRIAL AREAS ABUTTING I-494 AND HIGHWAY 55 Community Development Director Hurlburt presented a proposed interim ordinance which would temporarily prohibit plats in areas planned or zoned for commercial and industrial uses in the Highway 55 and I-494 corridors. She stated that recent development issues have highlighted the need for a review of the planning and zoning for commercial and industrial uses in Plymouth, particularly in the city's major highway corridors. Commercial and industrial development in these corridors raises many issues concerning transportation access, safety, and relationships with nearby residential neighborhoods. Development in these corridors is also highly visible and contributes significantly to the image of Plymouth. It has been over 15 years since the last major revision of the City's zoning ordinance and subdivision regulations. Since that time, many amendments have been made, but many aspects of the ordinance no longer meet the City's needs. The character of commercial and industrial development has also changed since that time. Community Development Director Hurlburt said that a temporary moratorium on commercial and industrial plats in the major highway corridors would give the City time to review its Comprehensive Plan, Zoning Ordinance, and Subdivision Regulations to address many issues of concern. She stated that under state law, a city is allowed to adopt an interim ordinance to regulated development while a study is undertaken to consider adoption or amendment of a comprehensive plan or official control, such as a zoning ordinance. An interim ordinance may regulate, restrict or prohibit any use, development or subdivision within the city or part of the city, for the purpose of protecting the planning process and the health, safety and welfare of the public. The interim ordinance may last for a period of not more than one year, and may be extended for additional periods as appropriate but not exceeding a total additional period of 18 months. No interim ordinance may halt, delay or impede a subdivision which has been given preliminary approval prior to the effective date of the interim ordinance. She clarified that the interim ordinance would only apply to plat applications. Director Hurlburt said that the Council could consider shortening or lengthening the period of the interim ordinance. The initial period of the moratorium can be up to one year, but a period of six months was recommended in the draft ordinance. Regular Council Meeting May 2, 1995 Page 13 The six month recommended period is considered minimal to accomplish the anticipated study. Director Hurlburt explained that the following issues are proposed for study: 1) The purpose, desired character and location requirements of the various commercial and industrial land use classifications identified by the City's Comprehensive Plan. 2) Commercial and industrial zoning classifications and the permitted, conditional and accessory uses to be allowed in each of the districts, including the possibility of establishing new zoning classifications or eliminating current zones. 3) The appropriate planning and zoning classifications of existing and future commercial and industrial land, with special emphasis on the highway corridors. 4) Establishing appropriate development standards for commercial and industrial uses, including but not limited to: standards for conditional uses; setbacks and lot coverage; building height and bulk; landscaping, yard and buffering requirements; parking lot design and minimum parking requirements; building materials and colors, and outside storage and display. 5) Reviewing and revising the application requirements and procedures for review of site plans, general development plans, conditional use permits and planned unit development plans. 6) Updating the Subdivision Code to ensure that it is consistent with the Zoning Ordinance requirements and procedures, and with current practice and requirements for subdividing land and constructing infrastructure. 7) Reviewing the Transportation Element of the Comprehensive Plan, including an examination of the Thoroughfare Guide Plan and the need for accesses and interchanges in the two major highway corridors. She said that the current staff cannot accomplish the work outlined without substantial additional assistance. If the Council orders the study, it would be establishing a new priority for planning that would affect other priority projects. She said that the Finance Director has indicated that additional funds may be available in Project Administration to fund this planning work. If the study is ordered by the Council, staff will develop specific recommendations and budget amounts. Director Hurlburt stated that staff recommends adoption of the interim ordinance as drafted by the City Attorney, to be effective immediately and extending until November 1, 1995, or until the date of the adoption of the new ordinances, whichever occurs first. Manager Johnson stated that a revised ordinance under consideration was distributed at this meeting. The revision is in Section 3 to indicate that "any part of a commercial/industrial platting proposal within 1/4 mile of Highway 55 or I- 494 would be affected by the potential moratorium. He said that the Council could Regular Council Meeting May 2, 1995 Page 14 consider other ordinance amendments: 1) exempting anything from the moratorium that has already been presented to the Planning Commission, or 2) exempting anything for which an application has been accepted by staff. Consideration of these options may be desirable because there are several businesses that may need to leave Plymouth if they cannot move forward with their projects, and at least one business making changes that were requested by the City. He said that any new development regulations would apply to all buildings where construction is not started by the time the regulations are adopted. Community Development Director Hurlburt showed the areas designated in the Comprehensive Plan as commercial and industrial uses. She showed those areas within 1/4 mile of Highway 55 and I-494 that would be affected under the ordinance. It would not affect any property that has already been platted. Owners could still record approved plats within the statutory required times and would not be impacted by the moratorium. She said there are four pending plat applications that would be affected by the interim ordinance, Of those, three have been heard by the Planning Commission. Mayor Tierney questioned whether six months is sufficient to accomplish the study needed, but noted that the time could be extended if needed. Manager Johnson stated that it is possible that the major issues could be addressed within six months. The interim ordinance could then be allowed to expire while the work is completed on the minor issues. Councilmember Granath expressed concern about comments in the staff report that the City currently does not have the resources needed to undertake major zoning ordinance revisions at the same time as a new comprehensive plan. The staff report notes that the City has made significant commitments to undertake a number of planning activities related to the Elm Creek Interceptor project, and that staff does not expect to begin the major ordinance revisions until late 1996. He has concerns that the major planning projects underway will be delayed. Community Development Director Hurlburt explained that there are upcoming activities on Downtown Plymouth. The public process has not yet been started on the Northwest Plymouth study, and it will need to be coordinated with the Elm Creek Interceptor project. There will need to be Planning Commission, Council, and public involvement in all of these major projects. Manager Johnson stated there is a cost to the City in proceeding with the proposed studies, but there is also a cost to the staff and public in not proceeding and continuing with outdated ordinances. Councilmember Lymangood asked for the staff recommendation. Regular Council Meeting May 2, 1995 Page 15 Manager Johnson stated that the easiest alternative would be to exempt all complete applications that staff has accepted for review as of the date of the interim ordinance. He stated that any buildings constructed after the date of the City's revised ordinance regulations would have to meet the new requirements, irrespective of whether the project is exempted from the interim ordinance. Attorney Knutson stated that under state law, generally the rights to build a project do not vest until construction is started. The City has the right to change controls that affect that development. One exception is factors relating to items approved by preliminary plat, such as minimum lot size. Stephen Frangier, 3445 Holly Lane North, spoke in support of the interim ordinance as originally drafted. He said that initially the study will cost time and resources, but there is a great cost to the citizens and staff in not immediately beginning the study. He stated that industrial projects have long-term impacts on surrounding property. Once a project is approved, it cannot be changed. Kevin Lee, 17600 35th Avenue North, stated that this issue came to his attention through the process of purchasing a home that abuts a potential industrial development. He said that there are portions of residential areas that are too close to commercial and industrial property, and residents are negatively impacted. He supported the interim ordinance with no additional exemptions. Daniel McCarthy, 3455 Holly Lane North, spoke in support of the interim ordinance. He stated the purpose of city ordinances is to promote the health, safety, morals, and general welfare of the residents of the city. He requested that the Council adopt the interim ordinance without exemptions to ensure that his family's safety is ensured. He said that needed changes have not occurred in the Comprehensive Plan, and there are currently no performance standards that relate to assuring public health and safety. Gregory Katchmark, 3475 Holly Lane North, stated that Plymouth is a desirable place to live because it is a park -like setting. He believes that the zoning ordinance and subdivision regulations need change, and it will become more difficult if the changes are not made now. He supported the interim ordinance without additional exemptions. He noted that the proposed ordinance already exempts "preliminary approved sites", and asked for an explanation. City Attorney Knutson said "preliminary approval" means preliminary plat approval by the City Council. This exemption to the interim ordinance is required by state law. Regular Council Meeting May 2, 1995 Page 16 Brad Moen, 2605 Fernbrook Lane, requested that if the interim ordinance is adopted, his pending project be exempted. He believes it would be unfair if his project is delayed because he has worked with staff for five months toward getting project approval. The Planning Commission has recommended approval, and the project meets the City standards. He said that he has worked hard to address resident questions, and the possibility of a moratorium was not discussed during this process. Hans Hagen, 941 NE Hillwind Road, Minneapolis, represented Hans Hagen Homes. He has worked in Plymouth for 30 years and stated that there is a trust between developers, Council, and Planning Commission. He said that a moratorium is a drastic measure and should only be taken if there are health and safety issues, or issues that cannot be addressed in the future. Otherwise, he believes the normal public hearing process to change an ordinance is appropriate. He stated that adoption of the interim ordinance could cause millions of dollars of impact on the community. He asked if a planned unit development that has been approved by the City Council would be covered under the interim ordinance. City Attorney Knutson said that it depends whether a preliminary plat has been approved in conjunction with the planned unit development. If the preliminary plat has been approved, then the developer could proceed to final platting. Mr. Hagen stated that Plymouth is a fine community with a very healthy industrial base. He doesn't understand the problem or what major changes are needed, and doesn't believe that there are such severe impacts that all construction in the community should be delayed. Mr. Hagen questioned why only the I-494 and Highway 55 corridor is identified. If there is such a serious concern, then why isn't the interim ordinance applied to the entire City? He stated that the interim ordinance should be considered through a public hearing process, and the Council should identify the current problems with the City's regulations that need to be addressed. Manager Johnson stated that most of the City's development regulations are 15 years old and more "fill-in" development is now taking place. The corridors along Highway 55 and I-494 were recommended because they are the most visible in the community. Also, most of the City's future economic development will be along Highway 55 and 1-494, and the City needs to pay attention to what will be the correct balance of the remaining land. The City also needs to carefully consider transportation planning issues relating to both corridors, including the need for interchanges. He said that the public hearing process will be held on any new proposed regulations. Mary Wenzel, 18820 County Road 24, stated she is a life-long resident of Plymouth. She has seen an orderly development of Plymouth in the past. She Regular Council Meeting May 2, 1995 Page 17 believes that a moratorium is probably in order, but any projects already submitted to the City should be exempted from the interim ordinance. Matt Van Slooten, 3720 Xerxes Avenue North, Minneapolis, represented Carlson Real Estate Company. He said the proposed ordinance would affect about 30 acres of property owned by Carlson Real Estate along I-494. He questioned why the moratorium is necessary, and stated that some examples of existing problems should be given. He said that if there is an interim ordinance at all, it should relate only to specific types of property where the problems exist. Mr. Van Slooten stated that Carlson has a project underway on County Road 6 that he fears could be impacted by the interim ordinance. He explained that it is the SuperAmerica site where the City has asked Carlson to make some changes on the proposal. He believes that everyone who may be impacted by any proposed changes in the zoning ordinance should receive written notice. Mr. Van Slooten said that the interim ordinance would cause a severe economic impact on commerce in the City. He said that if the primary concern is industrial sites that abut residential areas, then only those sites should be identified in the interim ordinance. Manager Johnson explained that there is a great deal of commercial/industrial activity underway. It would be difficult for staff to continue processing new applications while the new regulations are under study. In that situation, staff would have to accept and process applications while not being able to advise applicants on what requirements may be changed. Community Development Director Hurlburt cited some examples of changes needed in the existing City ordinances. Currently the industrial district treats all uses the same; there is no distinction when residential property abuts an industrial district. Staff believes that design standards need review, and the existing requirements on building materials and landscape standards are not adequate. There has also been a change in the type of buildings being construction, with more need for flexible space and sites with office/warehouse/manufacturing in the same structure. She stated that there have also been recent concerns when small commercial centers were proposed abutting residential areas. She stated the interim ordinance will provide an opportunity to improve procedures and to simplify the planned unit development process. Councilmember Granath asked if there has been a recent increase in the number of commercial/industrial applications received. Community Development Director Hurlburt stated that building permit data from last two years indicates there has been quite an increase over the previous few years. Regular Council Meeting May 2, 1995 Page 18 Councilmember Granath asked if the standards and ordinance regulations for residential property also needs to be reviewed. Director Hurlburt responded that amendments are needed in the residential requirements, including a complete revision of the planned unit development process. However, she believes it is better to delay that process until the Northwest Plymouth study is completed. Mayor Tierney called a five minute break. The meeting was reconvened at 9:15 p.m. Gerald Theis, 16800 Highway 55, stated he owns Dundee Nursery. He stated that the proposed interim ordinance appears not to impact his business, and he is not taking a position for or against it. He does have concerns about the construction at the intersection of Highway 55 and County Road 24, and that the priorities for planning projects may have to be revised. Mr. Theis stated that there was extensive discussion and study on industrial locations in the City in 1989-1990 that resulted in some changes. He stated that the interim ordinance would have significant impacts on property owners within the 1/4 mile corridor of Highway 55 and I-494, and he believes the owners should receive written notice of the proposed interim ordinance. Mayor Tierney stated that she was a member of the Planning Commission when the minor Comprehensive Guide Plan changes were done in 1989-1990. That review was done to consider areas added to the Metropolitan Urban Service Area. The last major revision to the Comprehensive Plan was in 1980. Public Works Director Moore stated that the City's contract for the improvements at County Road 9 and County Road 24 are underway. He does not anticipate any impact on the Theis property - unless additional buildings are proposed. Mike Leuer, 2605 Fernbrook Lane, did not support an interim ordinance. He said that if an interim ordinance is adopted, all applications accepted for review by staff should be exempted. Len Busch, 4045 Highway 101, stated that the interim ordinance would not impact him, but he is concerned about projects in process. He supported the exemption of all projects that have been accepted for review by staff. John Yanta, 2927 Ewing Avenue, Minneapolis, stated that he is in commercial real estate. He stated that Plymouth has a strong economic base and one of the most stringent land use plans in the metropolitan area. He stated that the majority of taxes generated in Plymouth is from industrial/commercial business. It would be Regular Council Meeting May 2, 1995 Page 19 unfair to adopt a moratorium that would impact business owners in order to comply with the wishes of residential property owners who have purchased homes in the past few years. Laurie Jones, 3430 Jewel Lane, supported the interim ordinance. She said the City's zoning ordinance offers citizens no assurance of what to expect in industrial districts. There is also no distinction when a residential area abuts a commercial/industrial area. She believes that projects currently under consideration should be included in the moratorium because some are landmark projects on large empty tracts of industrial land. She believes that the moratorium will allow time for changes that are fair to developers and that define clear and concise land uses. Harry Lindberg, 3435 Holly Lane North, supported the interim ordinance with no additional exemptions. He stated that Plymouth has matured and there are now situations where residential and commercial areas abut. There is a need for more specific guidelines for business, and residents can be aware of what to expect when they move into an area. Manager Johnson recommended that all projects accepted for staff review should be exempted from the interim ordinance. He believes that the best interest of the community would be served, and that there could be unintended consequences if those projects are not allowed to continue. Councilmember Granath agreed with the need to study and revise the City's zoning and subdivision regulations. He believes there are problems with land use compatibility issues. He believes there are several issues for the Council to consider: 1) Why implement the interim ordinance now? 2) What are the alternatives? 3) Why would the interim ordinance be limited to only the Highway 55 and I-494 corridors? and 4) Should there be separate public hearings or further notices to businesses that would be impacted by the interim ordinance? Councilmember Granath stated that he is concerned a moratorium would be a hardship to the business citizens of the community, and he wants to ensure that it is truly needed. He does not support the interim ordinance only selectively impacting the Highway 55 and I-494 corridors, as aesthetic value is not the only consideration. The interim ordinance should apply equally to the entire City for reasons of fairness. He would also support a public hearing process before action is taken on the interim ordinance. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt an interim ordinance temporarily prohibiting plats in areas planned or zoned for commercial and industrial uses in the Highway 55 and I-494 corridors, amending Section 3 to indicate that the interim ordinance would apply Regular Council Meeting May 2, 1995 Page 20 to the entire City, deleting the words "whichever occurs first" in Section 6 so that November 1 would be the firm date for the end of the moratorium, and exempting from the interim ordinances all plat applications that have been accepted for review by staff, and to delete Sections 1.01, 1.02, and 1.03. City Attorney Knutson and Manager Johnson suggested that the Council may wish to discuss and consider each amendment. Councilmember Lymangood stated he would prefer to have discussion on each proposed amendment. Councilmember Granath withdrew the motion. MOTION was made by Councilmember Granath, seconded by Councilmember Anderson, to adopt ORDINANCE 95-27 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN PLATS, as distributed at the Council meeting. Councilmember Anderson strongly favored the ordinance with no amendments. He said the City has changed significantly in the last 15 years, and people are now living closer to each other and to industrial/commercial sites. He said that what was in effect in the 1980's is not in effect today. The City Council will soon have developments to consider, and they will not have the means to apply today's laws to those development requests. The Council may wish to require certain things of a developer, but may not have the tools to accomplish what is desired. He said that ensuring the health and safety of the residents is an important enough reason to enact a moratorium. MOTION to amend was made by Councilmember Granath, seconded by Councilmember Anderson, to delete Sections 1.01 and 1.02, to delete the words in the corridors" in Section 1.03, and to delete the words "any part of which is within 440 yards of the right-of-way of I-494 or T.H. 55" in Section 3. Councilmember Granath explained that these changes would make the moratorium city-wide, rather than limiting the affects to the I-494 and Highway 55 corridors. Councilmember Helliwell asked if the study will take longer to complete if the interim ordinance affects a larger area. Community Development Director Hurlburt stated that the time needed to do the study and the time period of the moratorium are not necessarily identical. She stated that the moratorium may be removed before all of the ordinance amendments are completed. Regular Council Meeting May 2, 1995 Page 21 Councilmember Edson asked if there are pending applications in the areas outside of the I-494 and Highway 55 corridors. Director Hurlburt stated there are no additional pending applications. Councilmember Lymangood asked for a staff recommendation on expanding the moratorium to the entire City. Manager Johnson stated that staff was attempting to reach a balance between finding an area large enough to take care of the issues of concern, but so that areas are not needlessly impacted. He said that most of the current commercial/ industrial activity is occurring along the corridors of I-494 and Highway 55. There is only some infilling along Highway 169 because the area is substantially developed. He doesn't believe there would be a big impact to extending the moratorium to the entire City. Motion to amend carried: Helliwell, Granath, Anderson, and Wold ayes; Lymangood, Edson, and Tierney nays. MOTION to amend was made by Councilmember Granath, seconded by Councilmember Anderson, to amend Section 6 to delete the language "whichever occurs first". Councilmember Granath stated this amendment is proposed so there will be a date certain for the interim ordinance to end for the benefit of the business community. Community Development Director Hurlburt suggested retaining the language whichever occurs first". She stated that if the study is completed and ordinances adopted before year-end, the moratorium could be automatically ended without a City Council action to repeal the interim ordinance. Councilmember Granath withdrew the motion to amend. MOTION to amend was made by Councilmember Granath, seconded by Councilmember Anderson, to amend Section 6 to replace November 1 with December 31. Councilmember Lymangood spoke against this amendment. He said this issue is moot because of the language "whichever occurs first." The new regulations could be adopted and the interim ordinance could be ended prior to that date. Manager Johnson suggested that the shortest possible time should be adopted. He stated that staff believes November 1 is a reasonable possibility for completion of the major revisions. Regular Council Meeting May 2, 1995 Page 22 Mayor Tierney stated that the shortest possible time is desirable, and she will not support the amendment. Motion to amend failed, Granath aye; six nays. MOTION to amend was made by Councilmember Granath, seconded by Mayor Tierney, to add to Section 3 an exemption from the interim ordinance for "active applications for plat approval submitted prior to the effective date of this ordinance." Councilmember Anderson opposed the amendment. He said there are at least four applications that will soon be considered by the City Council. The Council will not have the necessary tools to deal with those applications. He said the Council needs flexibility to balance the interests of all citizens of the City. Mayor Tierney spoke in favor of the amendment. She said that the proposals underway should be allowed to continue in the interest of fairness. Property owners and developers count on the City to be fair in terms of applying its procedures and ordinances. If some changes are needed, they should be done. However, those individuals who have submitted applications should not be penalized. Councilmember Edson stated that 15 years is a long time without major zoning and subdivision revisions. There is "fill-in" development now occurring in the City and this causes some of the need to study and consider ordinance amendments. He supports the interim ordinance, but believes that property owners who have spent substantial money submitting applications should have the opportunity to complete the process. He favors the amendment. Councilmember Helliwell agreed that the moratorium is needed, but she is uncomfortable because the issue so rapidly arose. She stated this is a very difficult decision, but has decided not to vote for an exemption. She stated that the interim ordinance should apply to everyone, no matter where they are in the application process. She spoke against the amendment. Councilmember Wold opposed the amendment. He stated that the City needs to be concerned about transportation and safety issues. He agrees that revisions are needed in the City's zoning and subdivision regulations. Councilmember Anderson stated that the City's Transportation Plan currently predicts an interchange at Highway 55 and County Road 24. He said that many problems will be created if this exemption to the interim ordinance is approved. If Regular Council Meeting May 2, 1995 Page 23 the exemption is granted, then the Council will not be able to adequately change pending developments. Manager Johnson stated that the interchange at Highway 55 and County Road 24 is not currently on the State's plan and it is not likely to be for many years. He said the City's plan shows an interchange, and the City has to decide whether it wants to buy the necessary land to reserve for an interchange whenever development is proposed. The City would not be eligible for state funds for land acquisition for the interchange. Councilmember Lymangood stated that a moratorium is an extreme measure and should be as limited as possible. He said the Council has already voted to expand the area affected by the interim ordinance beyond the Highway 55 and I-494 corridors. He supports the amendment. Motion to amend carried: Lymangood, Granath, Edson, and Tierney ayes, Helliwell, Anderson, and Wold nays. Main motion as twice amended carried, seven ayes. ITEM 9-A FIRST QUARTER 1995 FINANCIAL REPORT MOTION was made by Councilmember Edson, seconded by Councilmember Anderson, to accept the First Quarter 1995 Financial Report. Motion carried, seven ayes. MOTION was made by Councilmember Edson, seconded by Mayor Tierney, to adjourn the meeting at 10:20 p.m. Motion carried, seven ayes. 04,1—L - vot Laurie F. Ahrens City Clerk