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HomeMy WebLinkAboutPlanning Commission Minutes 12-14-1994CITY OF PLYMOUTH PLANNING COMItiIISSION MINUTES DECEMBER 14, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Christian Preus (arrived at 8:10 p.m.), Ed Albro, Virginia Black, and Allen Ribbe. MEMBERS ABSENT: Commissioner Linda Oja STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barbara Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson PUBLIC INFORMATION MEETING ISD 284 (WAYZATA) AND CITY OF PLYMOUTH (94131) Chairman Stulberg introduced the request by ISD 284 (Wayzata) and the City of Plymouth for a RPUD Concept Plan for the new Wayzata Senior High School to be located at the northwest intersection of Peony Lane and the Soo Line Railroad. Planning Supervisor Senness reviewed the. December 7, 1994 staff report. Chairman Stulberg introduced Mr. Barry Warner from Barton-Aschman, representing the school district. Mr. Warner reviewed the plans for the new Senior High School. City Engineer Faulkner stated that the consultants are doing a study for the exact location of the bridge over the railroad tracks along Peony Lane. Chairman Stulberg introduced Mr. Gregg Anderson of 421 Bushaway Road. Mr.. Anderson stated he was representing the Youth Hockey Association. He said that he did not see any plans for a hockey facility and they are very interested in this type of facility being available. He said that he is pleased that the plans include the performing arts, He said they want a strong community concept with icerink, auditorium and gymnasium. Chairman Stulberg introduced Me. Mark Campbellof.18815 27th Avenue North. 0 Planning Conanission Minutes December 14, 1994 Page 260 Mr.. Campbell stated he supports t:us new facility and this is essential for a strong community. He said he would like to suggest an indoor ice skating facility. Chairman Stulberg introduced Mr. Jim Gleason of 16505 4th Avenue North. Mr. Gleason stated he represents soccer sports. He said they are very impressed with the design for soccer, tennis and baseball. Chairman Stulberg introduced Ms. Kathleen Thompson of 16010 46th Avenue North. Ms. Thompson stated she was representing the baseball association. She said it is their hope that the current high school will be able to use the new baseball fields. Chairman Stulberg asked if the new High school could be called Plymouth High School. Mr. Eric Blank, Director of Park and Recreation, stated that two additional facilities are shown on the site which could accommodate a field house and sheet of ice. He said there are no funds available at this time. He said that current baseball fields at the high school will be turned over to the community and there are plans for additional baseball fields to be added within the City. MOTION by Commissioner Stimson, seconded by Commissioner Black to recommend approval of the request by ISD 284 (Wayzata) and the City of Plymouth for a RPUD' Concept Plan for the new Wayzata Senior High School to be located at the northwest intersection of Peony Lane and the Soo Line Railroad, subject to all conditions listed in the December 7, 1994 staff report. Roll Call Vote. 5 Ayes. Motion carried on a unanimous vote. PUBLIC HEARINGS S.T. & M. INC. (94145) Chairman Stulberg introduced the request by'S.T. & Me, Inc. fora Preliminary Plat; Rezoning and 'Variance for Hunter's Bluff located at the south side of County Road 6,. east of ' ,-Gale Lane. Associate Planner Xcho reviewed the December 6, 1994 staff report. City Engineer Faulkner discussed the grading plan relating to the drainage from the site. He discussed the pre-existing problem with the drainage which was created by the developer of The Villages, He stated that this proposal will not cause an increase in the drainage problems, He said it is not up to this developer to solve the drainage problemo at The Villages, a Planning Commission Minutes. December. l4, 1994 Page 261 Chairman Stulberg introduced Mr. Steven Bohl, the petitioner. Mr. Bohl described the development of the site and stated he agreed with the staff report. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced Mr. Spencer Holmes of 18605 13th Avenue North. Mr. Holmes pointed out the location of his home and his problems with water drainage. He said he has discussed this with Mr. Bohl. Chairman Stulberg introduced Mr, John Lindell of 18785 11th Avenue North, Mr. Lindell stated he was from The Villages and his hope was that drainage from the new site does not affect them. Chairman Stulberg introduced Ms. Elinor Ogden of 1505 Xanthus Lane North. Ms. Ogden stated that her concern was the entrance to the site on County Road 6. She asked if the entrance could be across frim the Inverness site. Chairman Stulberg introduced the letters in the packet from Mr. and Mrs. William Ogden and Mr. and Mrs. William Driscoll into the record. Chairman Stulberg closed the Public Bearing. City Engineer Faulkner stated they will be working with the developer to ensure drainage from the site will not increase drainage at The Villages. He said that Hennepin County has looked at the entrance to the site and feels it is safe. He said the entrance would work best if it was across from Inverness but it does not look as if that will happen. Associate Planner Keho stated that staff have also asked the developer to look at this alternate for an entrance into the site but the developer was not able to purchase the land to move the entrance to the site. Chairman Stulberg asked City Engineer Faulkner to keep those concerned about the drainage informed, MOTION by Chairman Stulberg, seconded by Commissioner Stimson to recommend approval of the request by S,T. & M., Inc, for a Preliminary Plat, Rezoning and a Planning Commission Minutes December 14, 1994 Page 262 Variance for Hunter's Bluff located at the south side of County Road 6, east of Ferndale Lane, subject to all conditions listed in the December 6, 1994 staff report. Roll Call Vote 5 Ayes. Motion carried on a unanimous vote. Chairman Stulberg called a recess at 7:50 p.m.; the meeting reconvened at 8:10 p.m. WETLAND ORDINANCE (94072) Planning Supervisor Senness reviewed the draft ordinance and the changes incorporated into the ordinance since the last meeting. Commissioner Stimson stated that the changes made do not reflect the opinions of the entire Planning Commission. Commissioner Black asked if there was written comment from the City Attorney. Planning Supervisor Senness stated that these conversations were by telephone. Director Hurlburt stated that the City Attorney stated that there will be situations where there will be requests for variances and this ordinance will allow standrltis that will guide what conditions need to be met, and it strengthen the City's stand. Commissioner Black stated that she does not see that language stated in the ordinance. Director Hurlburt stated that the ordinance allows for the reasonable use of the land. Commissioner Black stated that she was concerned that in some situations most of the land could apply to Section 5, but some would fall into Section 6. She asked if this would allow all of the site to use Section 6. Director Hurlburt stated that this gives the City Council the authority to decide, and it must be, other than for financial gain. This application for Section 6 is totally differentfromthepreviousdraft. Commissioner Stimson asked if the written replies were requested from Hennepi , County and the DNR. Planning Supervisor Senness stated the DNR was consulted but not Hennepin County. Planning Supervisor Senness discussed the letters from the DNR and Csil Stmoss' concerns. She said that the Section 6 suggestions were done. 0 Planning Commission Minutes December 14,1994 Page 263 Planning Supervisor Senness briefly discussed the letters attached to the staff report from Orrin Thompson Homes indicating use of a no phosphate fertilizer, and porches should be allowed to encroach; the Don Bushek letter which favors more protective measures before revision, and concern with infiltration trenches; the Hennepin Parks letter of concerns including a buffer around low quAity wetlands; the Paul Lague concern that the ordinance is weak and favors special interest groups; Karen Graham favors a stronger ordinance and feels Section 6 provides loopholes; Jeff and Ann Bipes like the ordinance but felt Section 6, pages 46-47, paragraph 6 was not appropriate; a phone call from Ellen Steen wanting a more protective ordinance; David Steed letter stating the ordinance would be difficult to enforce; the copy of the Maplewood Ordinance; Barbara Ohman's letter from the Board of Water & Soil Resources; Steven Woodard's letter; Councihnember Nick Gmnnath's letter favoring a stricter ordinance; and, a memo from Commissioner Black. Chairman Stulberg opened the Public Hearing. ChairmanStulberg introduced Mr. Ken Wendinger of 5465 Orleans Lane North. Mr. Wendinger commended staff for the work on the ordinance. He said he endorses maximum buffer widths to offset past damage. He said he would like to see buffers of 90 feet for exceptional wetlands, 65 feet for high quality wetlands, 45 feet for medium quality wetlands, and, 15 feet for low quality wetlands. He said this would help wild life as well as water quality. He said rear yard setbacks should return to 25 feet. He said taxpayers will pay more in the future to rectify previous shortsightedness. He said silt fences are not erected until neighbors complain and there should be stiffer penalties for those who do not comply. He said Section 6 is already covered by Best Management Practices. The objective of the ordinance is to be clear, understandable and easy to administer; which Section 6 is not. Chairman Stulberg introduced Ms. Beth Walling of 2415 Jewel Lane North. Ms. Walling stated she agreed with the items presented by Mr. Wendinger and wants the maximum setbacks used to help save the wetlands. Chairman Stulberg introduced Ms. Erika Urban of 1541 West Medicine Lake Drive. Ms. Urban stated herconcerns have been addressed. She said that developers have too much leeway; and she was concerned with enforcement as Commissioner Black had documented. She said we need a record of developers who do not comply. She said Medicine Lake development problems are, a concern of hers. Chairman Stulberg introduced Ms; Jennifer Tiemens of 14605 39th Avenue North. r1.d ,;ng a:A,zn:wion Mnutes cumber 14, 1994 Page264 Ms. Tiemens stated she endorses a strong ordinance and she thinks the rewrite seems to address some of the issues to preserve wildlife habitat. Chairman Stulberg introduced Mr. William Ogden of 1505 Xanthus Zane North. Mr. Ogden endorses the wetland ordinance. He said it was important that what is being done is for Plymouth and the rest of the twin city area. It offers open space, but is in conflict with other procedures such as higher density; the Zoning Ordinance hasnointerimopenspaceandnointerimzoning. He said people like to have the larger sites rather than high density and staff should consider something for zoning so that there are not small parcels, which would protect the wetlands. He said it is difficult todefinelowqualityversusexceptionalqualitywetlands. Chairman Stulberg introduced Ms. Sharon Meister of 3615 Evergreen Lane North Ms. Meister passed out some pages from the Water Quality Committee. She discussed the recommended buffer width and said she felt the ordinance should have buffers similar to her handout and that Section 6 should be eliminated. She said infiltration trenches would be a problem and not filter, that sod was not good for natural filtration, and siltation fences arc eyesores. She said she did not feel enforcement works. She said she commended the consultants on the ordinance if Section 6 were dropped. Chairman Stulberg introduced Mr. Tom Jess of 5055 Evergreen Lane North. Mr. Jess stated he agreed with the past comments against Section 6. He said lines 25- 37 of Section 5 are already covered in the State Welland Ordinance. He said it seems that the 2 year window (for grandfathering) is too long. He said erosion controls, enforcement and fines should be included in the ordinance. He said the City should be able to reclaim damage done to the wetlands. He said NURP ponds should have some type of guarantee so if they fail, the developer would have to redo them. Chairman Stulberg introduced Ms. Marsha Hinitz of 1304 West Medicine Lake Drive, Ms. Hintz, from the Sierra Club, stated that the language in Section 6 provides loopholes to developers. She said that storm water runoff is the only protection of theordinanceanditdoesnotprotectwildlife. Chairman Stulberg introduced Mr. William Gimble of 5405 Orleans Lane North. Mr. Gimble stated he agreed with previous comments regarding Section 6. He said he viants a strong ordinance without the loop holes in this ordinance. He said there are too many things that are unenforceable in this ordinance. ChairmanSmlberg introduced Mr. Greg Frank of McCombs, Fmnki Roos. a Planning CotnmissionMnutes December 14, 1994 Page 265 Mr. Frank stated he was representing Plymouth Developers Council. He said the Woodard study looked at erosion of construction sites and compared developed and undeveloped for two years and the phosphorus levels were equal on both. He said that a small window of one year during the construction season, if controlled, would solve most of the problems. He said the increments in the Woodard study showed the 25 foot increment to be most effective in sediment removal. He said the PDC supports stronger erosion control during construction. Chairman Stulberg introduced Mr. Terry Forbord from Lundgren Bros. Construction. Mr. Forbord stated that they would like the Soo Line West property included in the exempt sites as requested in their letter of November 29, 1994. He said his company supports all protection of natural resources but the proposed ordinance is anti business, encourages poor land planning, encourages sprawl, and, increases the cost of homes. He said open space has always been included in development but the requirement that open space must be in one place on a site around a wetland diminishes the flexibility of planning. He said he regrets that this extreme has happened. Chairman Stulberg introduced Ms. Judy Dyrud of 4745 Goldenrod Lane North. Ms. Dyrud stated her concerns were that the ordinance in Section B does not protect the rights of property owners. She said she favored no net loss of private property. She quoted disparities between articles on the amounts of wetlands being lost and the purchasing of easements was not covered in the ordinance. She quoted Jay H. Lehr, and an article discussing the increase in mosquitoes insulting from wetlands. She said that locking up ground water that will never be used by humans or animals is not good. She said she believed property owners should be compensated for loss of property due to wetlands. Chairman Stulberg introduced Mr. Marc Denis of 5105 Norwood Lane North. Mr. Denis stated ire was concerned with the rights of private property owners. He said they would be infringed upon by the ordinance without any compensation for their land. He said that by increasing the prices of property, there would be. fewer homeowners which would not result in lowering the tax base. He said there was no ability to appeal the designation of a wetland and he opposes the wording. Chainnan Stulberg introduced Mr. Don Bushek of 4615 Shenandoah Lane North Mr, Bushek stated he opposed shortening the buffer widths. He said studies have been used to support the buffer widths, He said that in Section 6'the presence of Extraordinary Measures does notaddress water duality, He said he wants a stronger more protective ordinance. a Planning Commission Minutes December 14, 1994 Page 266 Chairman Stulberg introduced Mr. Marc Anderson of 420 Merrimac Lane North. Mr. Anderson stated he supports Mr. Frank's comments. He said he felt the major source ofpollutants comes from roadways and chemicals used. He said driveways, roofs and front yards are very small contributors. He said the Storm Water Managemunt Plan should help 4o reduce this pollution and NURP ponds should help. He said that most of the information in the Woodard study is during construction He said a point being missed is the distances in Section b. Section 5 and erosion control should clean up the problems. He said the Plymouth Development Council (PDC) believes then; should be some buffers; Section 6 is necessary; and he favors no phosphorus fertilizers. Chairman Stulberg introduced Mr. Marlin Grant, landowner on Fembrook Lane and Schmidt Lake Road. Mr. Grant asked that the Planning Commissioners consider the scientific information discussed by Mr. Greg Frank and the PC. Chairman Stulberg introduced Mr. Bob Donley of 11740 38th Avenue North. Aft. Donley staled that he thought the 15 foot rear yard was inadequate. He said the Extraordinary Management Measures should be a part of the ordinancebet Section 6 is not needed as a variance could be used. He said we should look at other communities with ordinances. He said property values around wetlands should be in the same category as lakes, as an enhancement to the property. Mr. Forbord stated that incentives should be included in the ordinance for developers when they clean up wetlands and improve them. This ordinance does not allow developers to do this because of the cost and no incentive. Mr. Tom less stated that incentives should be used when trying to protect land that should not be developed and trying to rectify earlier damage. Chairman Shdberg closed the Public Hearing. Chairman Stulberg explained the continuing process of the wetland ordinance: Chairman Stulberg reviewed the concerns relating to buffers, small setbacks, and penalties for non compliance. Director Huriburt stated that penalties are part of the Zoning Ordinance.. 0 Planning Commission Minutes December 14,1994 Page 267 Chairman Stulberg discussed wildlife, preservation of open space, interim zoning, definition of wetlands, the 2 year window, balance of wetlands with uplands, incentives, and the taking issue rights of property owners. DirectorHurlburt stated that the taking issue has to be looked at on an individual basis. She said that due process on classification can be looked at if the landowner brought in information. Chairman Stulberg stated that the reduction of buffer size was because of all input not only information from the developers. He said that this is a change in the ordinance from two weeks ago and it may change again. He said that the Commissioners and consultants did look at other cities for their wetland ordinances. Chairman Stulberg called a recess at 10:15 p.m.; the meeting recow.rened at 10:30 p.m. Planning Supervisor Senness discussed the developments that would be grandfathered in under this Wetlands Ordinance. MOTTON by Commissioner Black, seconded by Commissioner Ribbe to move the Wetland Ordinance on to the City Council. Commissioner Stimson asked if the new Section 6 would protect the City in a taking, or, would the old Section 6 have accomplished this. Director Huriburt stated that the change was that the alternative would become the norm; that the City needed guidance when it was not practical to apply the ordinance. MOTTON to Amend by Chairman. Stulberg, seconded by Commissioner Stimson to remove lines 18 - 22 on page 8 in old Section 6. Commissioner Black stated she opposed this as it is against the testimony heard tonight. She said these buffer zones ace very weak and residents want something stronger, only the development community supported this, and we should respect what residents have said and the strong supportive documentation for the larger buffers. If there were a written opinion from the City Attorney she may support it. Commissioner Black stated that Best Management Practices enforcement should be a part of the ordinance. She said that infiltration trenches are a problem and she is concerned that they would remove water from the wetland. She said that the clay in Plymouth isnot mentioned in Best Management Practices and infiltration trenches would be inappropriate. She said application of trenches should be used only after construction and the site has been stabilized. She said they would plug and become ineffective. They would need to be monitored after each rainfall and annually to see if Planning. Commission Ni nutes December 14,1994 Page 268 they provided the benefit it was supposed to serve. She said trenches would not be able to handle a 3 inch rainfall. Commissioner Ribbe asked for a description of the Metences in the old versus the new Smtion 6. Director Hurlbert explained. Commission Ribbe stated that the proponent would have to establish a case first with approval by the Council before applying. Commissioner Stimson srerxt she seconded the motion because of the issue of incentive for those that are sensitive to the environment. Director Hurlburt stated staff would evaluate with outside help, then go to Planning Commission and City Council. Chairman Stulberg said this would be a separate process to use Section 6. Dkector Hurlburt stated this would take 60 to 90 days as an extra step. Commissioner Preus stated that the end result would be the same regardless of any change on Page 8. Director Hurlburt stated that this is true except that a Preliminary Plat could not be submitted until the developer had approval to use Section 6. Commissioner Preus stated that the burden would be on the developer. Director Hurlburt stated that because of the unique characteristic of the land it would need to be proved. Mr. Shardlow stated that the old Section 6 meets the technical standards and demonstrates that it meets the intent of the ordinance. Commissioner Black stated she believed that Section 6 will become the standard and we would lose much wildlife and was not consistent with the goals at start of this study. We are looking at strictly water quality. Commissioner Albro stated that lines 3-8 on page 8 for background levels may not enough as they are already high in Plymouth. He said developers are looking for alternatives not incentives. He said we need to strengthen the City's stand in a taking. a Planning CommissionhSnutes December 14,1994 Page 269 Commissioner Stimson stated that we have not been requiring large buffers on past developments, but working to protect the wildlife. He said we have to look at the overall picture. Commissioner Albm stated he objected to Commissioner Black's comment that we are just looking at water quality. This has always been the main issue. Ife said that legal issues need to be considered. He said that if we are acting in the best interest of the general public, water quaiity is the main concern and water quality is more defensible. Substitute Motion by Commissioner Albin, seconded by Stimson to add lines 3-8, page 8 from the old Section 6. Roll Call Vote on the Substitute Motion. 6 Ayes. Motion carried. Roll Call Vote on Motion to Amend. 2 Ayes, Commissioners Albro, Preus, Ribbe and Black voted Nay. Motion to Amend by Commissioner Black to increase the buffers for all categories of wetlands. MOTION failed for lack of second. Commissioner Black questioned page 5, line 14. Planning Supervisor Senness stated that the City Attorney recommend the change. She said the Chanhassen ordinance was changed to 751eet. MOTION to Amend by Commissioner Black, seconded by Commissioner Ribbe to Amend Section 4 of the General Standards on page 5 to state that the City reserves the ri& to be more stringent than stated on line 12. Commissioner Ribbe asked if there was a way to add more strength to this section. DirectorHurlbutt stated that we need to be consistent with the General Standards and explained that No. 4 is the only one possibly that could be changed. Substitute MOTION to Amend by Commissioner Albro, seconded by Commissioner Preus that City inspection schedules and fines will double on portions for erosion control abutting wetlands by adding a No. 5 on page 5, Commissioner Preus stated that this puts more teeth into the Motion to Amend by Commissioner Black. Planning Commission N inures December 14, 1994 Page 270 Roll Call Vote On Substitute Motion. 2 Ayes, Commissioners A1bro, Stimson, RibbeandChairmanStulbergvotedNay. Motion failed on a 2 to 4 vote. Roll Call Vote on Motion to Amend. 6 Ayes. Motion carried on a unanimous vote. MOTION by Commissioner Stimson, seconded by Chairman Stolberg to replaceSection6withtheoldSection6. Commissioner Stimson stated that we jusrdoubled the fine allowing for morecreativity. Commissioner Albro stated this would double the burden on staff. He said we need astrongordinancetoencouragedevelopers. Roll Call Vote. 2 Ayes, Commissioners Albin, Preus, Black and Ribbe voted Nay. Motion failed ora 2 to 4 vote. MOTIONby Black, seconded by Chairman Stuiberg to change Section 8, page 9 , lines24and27todefinethemeaningofundisturbed; on 32 what is'undesimble,plant species; and on page 10, line 11, this is low according to the Corps; and what is therationalefornativegrasses, should say native prairie grasses for line 25. Mr. Ron Peterson stated that undisturbed means unbroken or uncultivated; undesirable means we don't want to limit certain plants, Planning Supervisor Senness stated that staff could include certain species, but statethatthelistisnotlimitedtothesespecies. Mr. Peterson said he would have to look at the seed mix on line 25 and would have noproblemchangingthis, Commissioner Black stated that the Commission could allow staff to detennine seedmix. Commissioncr Preus stated he does not want seed mix left to staff, that theCommissionersshoulddeterminethis. Roll Call Vote. 6 Ayes, Motion carried on a unanimous vote. Commissioner Black asked about the manual mentioned on page 10, line 37. Mr. Peterson stated that this has not been developed, but will be a quick and easy wayfordeveloperstoknowwhattodotoestablishengineeredbuffers. a Planning Commission Minutes December 14, 1994 Page 271 Director Hurlburt stated it is not unusual to do this for standards. MOTION by Commissioner Preus, secos-led by Commissioner Black, to change the setbacks in the low column on page 6 to `ie', 20', 151, 151, 301. Commissioner Ribbe stated that trying to add a buffer to the low quality wetlands smacks of trying to govern what nature is already handling. 1 Commissioner Black stated that types 1 and 2 wetlands are disappearing and that theyarebiologicallyimportantforinvertibrates. Director Hurlburt asked what the qualities of low quality wetlands were. Mr. Peterson replied that most are open water and are excavated for stone water retention. i Roll Call Vote. 2 Ayes, Commissioners Albro, Stimson, Ribbe and Chairman StulbergvotedNay. Motion failed, d MOTION by Commissioner Albro, seconded by Commissioner Black to delete line 27 t on page 8 regarding infiltration trenches. Planning Supervisor Senness stated that infiltration trenches is in the Best Management Practices and this list could be removed. Commissioner Albro changed the motion to remove the list. Commissioner Preus stated that the change makes it narrower rather than broader, andthatlines27 - 30 should be eliminated. a Substitute MOTION by Commissioner Preus, seconded by Commissioner Black to delete line 27 to 30, page 8. Commissioner Preus stated that we are not limiting the practice to the Best Matuagement Practices, but eliminating this redundant part. Roll Call Vote on Substitute Motion. 6 Ayes. 'Motion carried. Roll Call Vote on Motion to Amend. 6 Ayes. Motion carried'. MOTION to Amend by Commissioner Albro, seconded by Commissioner Black, to amend page 8, line 5t 7 regarding established unfertilized lawns. 0 Planning Commission Nnutes December:14, 1994 Page 272 Mr. Shardlow and Mr.. Peterson stated that they could come up with numerical standards. Roll Call Vote. 2 Ayes, Commissioners Stimson, Black, Ribbe and Chairman Stulberg voted Nay. Motion failed.. MOTION to Amend by Commissioner Albro, seconded by Commissioner Black to Add the wording requiring the placement of a monument sign in the middle of the yard on page 9, line 9. Roll Call Vote on Motion to Amend. 2 Ayes. Commissioners Albro, Stimson, Ribbe and Chairman Stulberg voted Nay. Motion failed. MOTION to Amend by Commissioner Albro, seconded by Commissioner Black to change the wording on page 9, lines 17 and 18. Mr. Peterson explained the meaning of these lines. Commissioner Preus stated that the wording is contradicting. Commissioner Stimson stated that we shouldnot pick apart words. Roll Call Vote on Motion to Amend. One Aye, Commissioner Preus, Stimson, Black, Ribbe and Chairman Stulberg voted Nay. Motion failed. MOTION to Amend by Commissioner Albro to change page 11, line 7 and pages B and 14 to 6 feet and this should include balconies and unenclosed porches. Motion to Amend died for lack of a second. Director Hurlburt stated that we could lump all 6 feet in both front yards and ear yards. Chairman Stulberg stated that the last hour has been spent word smithing. Planning Supervisor Senness addressed items in the Hennepin Park and DNR letters, MOTION to Amend by Commissioner Stimson, seconded by Commissioner Albro to add language to the ordinance n:garding notice of title to the land, after discussion with the City Attorney, Roll Call Vote on Motion to Amend. 6 Ayes. Motion named on a unanimous vote, a Planning Connnission Minutes December 14, 1994 Page 273 Roll Call Vote on Motion to Amend. 6 Ayes. Motion carried on a unanimous vote:. MOTION to Amend by Commissioner Ribbe, seconded by Commissioner Albro, to add language to the ordinance regarding adding the language "except low quality wetland" to page 5, line ;19. Roll Call Vote 5 Ayes, Commissioner Black voted Nay. MOTION to Amend 6y Commissioner Preus, seconded by Commissioner Ribbe to add language to reestablish page 11, line 4, and page 6, line 5 regarding the reestablishment of the bdffer by the developer during the fust two years. Roll Call Vote on Motion to Amend, 6 Ayes. Motion carried on a unanimous vote. MOTION to Amend by Commissioner Stimson, seconded by Commissioner Preus to add language to page 10, line 29 regarding "except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation. Roll Call Vote on Motion to Amend. 6 Ayes. Motion carried on a unanimous vote. S' Roll Call Vote on Main Motion. 4 Ayes, Commissioner Stimson and Chairman Stulberg voted Nay. Motion carried on a 4 to 2 vote. Commissioner Preus and Chairman Stulberg commended staff, citizens, developers, consultants, and all who gave input for the wetlands ordinance. TAX INCREMENT FINANCING PLAN Director Hurlburt reviewed the staff report. i MOTION by Commissioner Stimson, seconded by Commissioner Albro to recommend approval of the request by the City of Plymouth to Review the Tax Increment Financing Plan for Soils Condition District No. 7-3 (P.O.S. Business System Project). Vote. 6 Ayes. Motion carred. The meeting adjourned at 12:45 p.m. 0