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
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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
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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).
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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.
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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.
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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.
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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
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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.
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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.
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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