HomeMy WebLinkAboutCity Council Minutes 07-25-1994 Special 1MINUTES
COUNCIL STUDY SESSION
JULY 25, 1994
A special meeting study session of the Plymouth City Council was called to order by
Mayor Tierney at 5:47 p.m. in the Council Conference Room of the City Center, 3400
Plymouth Blvd., on July 25, 1994.
PRESENT: Mayor Tierney; Councilmembers Edson, Granath, Lymangood, and
Morrison. Councilmember Anderson arrived at 6:05 p.m.
ABSENT: Councilmembers Helliwell.
STAFF PRESENT: City Manager Johnson, Assistant Manager Lueckert, Community
Development Director Hurlburt, Planning Supv. Senness, Associate Planner Keho, Public
Works Director Moore, and City Clerk Ahrens.
DISCUSSION OF LAND USE ISSUES
Community Development Director Hurlburt described the relationships and roles
of the Planning Commission and City Council. Minnesota Statutes are permissive
by allowing cities to establish planning agencies. By statute, the planning agencies
are advisory to the City Council. Since the City has a zoning ordinance, it is
required to have a Board of Zoning Adjustments. The Planning Commission is
required to prepare and hold hearings on the Comprehensive Plan and make a
recommendation to the City Council. The City Council then adopts the
Comprehensive Plan or amendments to the Plan by a super -majority vote. The
Council, Planning Commission, or property owners can request amendments to the
Comprehensive Plan.
Councilmember Granath asked if staff is familiar with any cities that have paid
Planning Commission members.
Director Hurlburt responded that some cities pay per diem salaries to Planning
Commissioners.
Manager Johnson stated that Shoreview Planning Commissioners were paid a
small monthly salary.
Director Hurlburt explained that the Planning Commission is also responsible for
finding ways to put the Comprehensive Plan into effect, such as through the zoning
ordinances. Zoning ordinance amendments also require a super -majority vote. In
some cities, the Council does not delegate all functions to the Planning
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July 25, 1994
Page 2
Commission. For example, the City Council may conduct public hearings, rather
than the Planning Commission.
Manager Johnson summarized that the Comprehensive Plan is the master plan of
the City, while the zoning ordinance is a means to implement it.
Director Hurlburt explained the Guide Plan and Zoning Maps, and noted that in
Plymouth the maps are quite consistent. There is conflicting language in the
statute as to which map supersedes in the case of a conflict between the two maps.
In the case of a zoning map question, staff researches past records to determine if
there are any actions the City has taken to make legal changes to the zoning that
do not appear on the map.
Public Works Director Moore stated that the Zoning Ordinance Map was last
published in the official newspaper in 1986.
Councilmember Lymangood noted that the Planning Commission has requested a
joint meeting with the City Council.
Director Hurlburt stated the Commission would like to get a sense of the Council's
development priorities and philosophies, and broad issues affecting the future of
Plymouth.
Councilmember Lymangood believes that it is important that the Planning
Commission be allowed to do its job. He believes the Council should not get
involved in designing projects after the public hearing process is completed.
Planning Supv. Senness stated that the Planning Commissioners would like to
understand the broad issues and reasons for developing a wetland ordinance. They
do not need to discuss with the Council specific issues such as wetland setbacks or
buffers.
Director Hurlburt suggested that ajoint meeting of the Council and Planning
Commission could be held to review the draft of the wetland ordinance. She
stated that staff desires communication from Councilmembers as early as possible
on all issues.
Planning Supv. Senness described the Comprehensive Plan as a policy to assist the
City Council in its decision-making. When an application is received, staff reviews
the Comprehensive Plan to determine whether what is proposed is appropriate for
the specified area. The Comprehensive Plan is a general and long-range document
looking from 10 to 20 years in the future. It is an overall statement of municipal
policy of what the Council wants the City to look like in the future. It contains
various elements such as land use, transportation, parks and open space, utilities,
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July 25, 1994
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and storm water drainage. The statutes require a public process for development
of the plan, and when the plan is amended, the same public participation process is
conducted. The Land Planning Act of 1976 requires cities to submit their
Comprehensive Plans to the Metropolitan Council.
Supv. Senness stated the Land Planning Act also specified the elements and
implementation methods of the Comprehensive Plan. The Metropolitan Council
does not approve local comprehensive plans, but Metropolitan Council review
extends to sewers, highways, parks and open space, and airports. Proposals are
reviewed to determine if they may impact one of these elements. The Metropolitan
Council is currently finalizing a new regional blueprint. Sewers and transportation
are the major issues in the blueprint, and additional issues are being considered
such as proof of affordable housing, density issues, and requiring periodic update
of Comprehensive Plans.
Councilmember Lymangood asked if a there is currently a requirement that Plans
be updated on a regular basis.
Supv. Senness responded that there is no current requirement; however, the
Metropolitan Council may seek from the Legislature to require review of
Comprehensive Plans every ten years. Staff noted that the Metropolitan Council
members are currently appointed by the governor.
Director Hurlburt stated that one of the things the Land Planning Act specifies is
that a city cannot adopt a zoning change that is in conflict with the Comprehensive
Plan. That is why in some situations the Council must first adopt an amendment to
the Comprehensive Plan, and then adopt the Zoning Ordinance amendment.
Councilmember Anderson addressed the various City policies relating to land use.
He asked if the policies are meant to have the effect of law, why they are not
adopted by ordinance.
Director Hurlburt stated this issue has also been noted by the City Attorney. Some
policies contained in the City's Policy Manual are, in effect, land use regulations.
Assistant Manager Lueckert stated there is quite a mixture of policies in the
manual, and the entire manual is currently under review as time permits.
Director Moore stated the Plymouth City Code references the Policy Manual. The
policies are intended to implement the laws adopted by the Council, similar to rules
established to implement the statutes.
Associate Planner Keho described the Development Review Committee which is
comprised of representatives of the Planning, Parks, Building, Fire, Engineering,
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July 25, 1994
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Public Safety, and Forestry divisions. The Committee reviews development
proposals and provides feedback to the applicant.
Planner Keho described the purpose and process for conditional use permits. A
conditional use permit adds extra review by the City to certain uses, but the burden
is on the City to cite reasons to deny a proposed use.
Manager Johnson stated the Council has reasonably wide discretion to add
reasonable conditions based on the six conditional use permit criteria.
Councilmember Morrison asked what role past action or "precedence" takes in
zoning related issues.
Director Hurlburt stated each request depends on the specific situation, but
precedence can play a role. It is important that the Council specifies reasons for a
denial. She stated that if there is not Council majority support for adopting a
resolution outlining the reasons for a denial, Councilmembers with dissenting votes
on an issue should ensure that the reasons for their vote are clearly recorded.
Planner Keho explained the purpose of Planned Unit Developments is to try to
accommodate new or different development that does not "fit" with the normal
zoning requirements, or to allow development of difficult parcels of land. He
briefly described the PUD attributes and bonus point system for determining the
number of allowable units. He stated that in many Plymouth developments the
requested changes are not significant -perhaps just setbacks. The Parkers Lake
PUD is the largest in Plymouth with 1,500 residential units and a small commercial
area.
Director Hurlburt stated that Planned Unit Developments are approved via a
conditional use permit, and a super -majority vote of the Council is needed to
approve a PUD Plan or amendment.
Manager Johnson explained that the Council has a fairly large amount of discretion
with establishing the Comprehensive Plan, and somewhat less discretion when
considering site plans and conditional use permits. Some functions are strictly
ministerial, such as issuance of a building permit if all requirements have been met.
Councilmember Anderson requested that a chart be prepared showing each type of
request, general standard of burden of proof, levels of review, and the required
vote.
Mayor Tierney noted that the proposed agenda for this meeting was not
completed, and the Council requested that staff schedule a study session meeting
for August 8 to complete the agenda.
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July 25, 1994
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The meeting was adjourned at 6:55 p.m.
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City Clerk