HomeMy WebLinkAboutCity Council Minutes 11-16-1981Page 338
A regular meeting of the
Davenport at 7:35 p.m. in
16, 1981.
MINUTE'S
REGULAR COUNCIL M.ETING
November 16, '981
Plymouth City Council was called to order by
the City Center at 3400 Plymouth Boulevard
Mayor
n November
PRESENT: Mayor Davenport, Councilmembers Neils, Schneider. Threinen, City
Manager Willis, rkssistant City Manager Boyles, Engineer Moore,
Planner Tremere. Park Director Blank, City Clerk Houk
ABSENT: Councilmember Hoyt
CONSENT AGENDA
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to adopt the items on the consent agenda as
proposed*
Motion carried on a Roll Call vote, four ayes.
MINUTES
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to ,approve the minutes ^f the regular meeting of
November 2 and the special meeting of November 4 as submitted.
Motion carried on il Roll Call vote, four ayes.
PUBLIC NEA"iNGS
Manager Wiiiis stated that the request from N.O.k. Properties for
industrial develornent revenue bond financing has been withdrawn
by Mr. Ortenblad, partner in N.Q.R. Propertie-.
Manager Willis stated that Coordinated Management Systems. Inc.,
a subsidiary of the A. C. Neilsen Company, is requesting
industrial development revenue bond financing in the an -cunt of
5,000,000 to acquire and construct their corporate headquarters
on a site north of the Holiday Inn in the northwest corner of
highways 55 and 494. He recommended approval in the amount of
3,500,000 becaase he would prefer that the company show some
equity in the project by way of land and equipment purchase.
Mayor Davenport: opened the public hearing at 1:50 p.m.
Leonard Perkins, attorney for A. C. Neilsen,. briefly explained
the company's business, their unique equipment needs, and why
the entire $5,000.000 „could he covered by the bonds.
338-
CONSENT AGENDA
Item 4
MINUTES - REGULAR
COUNCIL MEETINGS
NOVEMBER 2 & 4
Item 5+
PUBLIC HEARING
N.O."e PROPERTIES REQUEST
IORB FINANCING
Item C% -A
PUBLIC HEARING
COORDINATED MANAGEMENT
SYSTEMS, INC. REQUEST FOR
IDRB FINANCING
Item 6-B
nr uiar uuuncii meez1nq
November 16, 1981
Pave 339
Kent Brandt, representing Coordioated Kinagement Systems, explained
whtthisdivision goes, the number of employees it has, and future
needs in regards to space.
John Blake, President of Coordinated Management Systems, stalled that
he tikesthe selected location because of its proximity to hotels
to accomodate their clients.
The public hearing was closed at 8:15 p.m.
Discussion follouvd on whether the special floor and the uninterrupted
power supply required would be considered as part of the building orasequipment.
MOTION was made by Corinc i 1 member Threinen, seconded by Council. member Neils, to adopt RESOLUTION NO. 81-780 GIVING PRELIMINAP Y
APPROVAL TO A PROJECT FOR COORDINATED MANAGEMENT SYSTEMS, INC,
OR ASSIGNS) AND AUTHORIZING THE ISSUANCE OF REVENUE BONDS OR
TAX EXEMPT MORTGAGE NOTES AND AUTHORIZING THE PREPARATION OF
NECESSARY DOCUMENTS, financing noE to exceed $5,000,000,
exclusive of equipment other than the special flooring and
uninterruptable power service requirements for computer based
equipment,
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Neils, seconded by CouncilmemberThreinen, to adopt .RESOLUTION NO. 81-781 SETTING rONDITIONS
THAT THE FINAL AGREEMENT INCLUDE THE PROVISIONS THAT (') THE
PRELIMINARY AGREEMENT HAS BEEN APPROVED ON THE BASIS THAT THE
BONDS WILL BE MARKETED TO INSTITUTIONAL BUYERS ONLY, AND (2)
THAT FINAL AGREEMENT WILL INCLUDE THE PROVISION THAT THE BOND.)
BE BACKED BY A LETTER OF CREDIT OR OTHER SUITABLE GUARANTEE
BY THE PARENT COMPANY, A. C,. NEILSEN,
Motion carried on a Roll Gell vote, four ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Schneider, seconded by Council - member, Threinen, to edopt RESOLUTION NO, 81-782 AUTHORIZING
RELEASE OF LETTER OF CREDIT 110, 40876 FOR BANNER ENGINEERING
A-311).
Motion carried on a Roll Call vote, four ayes,
MOTION was made by Councilmember Schneider, seconded by Council - member Threinen, to adopt RESOLUTION NO, 81-783 APPROVING SITE
PLAN FOR LANGER CONSTRUCTION COMPANY FOR THE IST NATIONAI BANK
OF WAYZATA LOCATED OPI THE NORTHEAST CORNER OF VICKSBURG LANE
AND 37T1 AVENUE NORTH, LOT 2, BLOCK ; , "PLYMOUTH HILLS 3RD
ADC'ITION"' (81057).
Mv.fon carried on a Roll Ccil l vote, four ayes.
339
RESOL=UTION N0, 81-780
PRELIMINARY ISO
IDRB FINANCING FOR
COORDINATED MANAGEMENT
SYSTEMS, INC.
Item 6-B
RESOLUTION NO, 81-781
APPROVAL OF IDRB -
COORDINATED MANAGEMEN
SYSTEMS, INC.
Item 6-B
RESOLUTION N0. 81-782
AUTHORTZING RnTXS-UTF
LETTER OF CREDIT FOR
BANNER ENGINEERING
A-311)
Item 7-A+
RESOLUTION N0. 81-783
LANGER CONSTRUCTION CO.
1St NAT'L BANK OF WAYZATA
PLYMOUTH HILLS 3RD ADON"
81057) .
Item 7-B*
Regular Council Meeting
November 16, 1981
Page 340
Manager Willis stated Mr. Eugene Dabrowski is requesting variances
from the subdivislion and zoning ordinances to construct a single
family home on a parcel located in an FRO district. Ccnial is
reemmended as the criteria for variances have not beer Piet,
MOTION was made bi Councilmember Threir;en, seconded by Council -
member Neils, to +,dopt RESOLUTION NO. 81-784, DENIAL OF VARIANCES
FROM THE SUBDIVISION AND ZONING ORDINANCES FOR EUGENE DABR OWSKI TO
CONSTRUCT A SINGLE FAMILY DWELLING ON A PARCEL LOCATED IN THE
FRD (FUTURE RESTRICTED DEVELOPMENT) DISTRIC..T EAST OF FERNBROOK
LANE EXTENDED, NORTH OF COUNTY ROAD 9, NORTH HALF OF SECTION 10
81056).
Motion carried on a Roll Call vote, four ayes.
Manager Willis stated that the Planning Commission reviewed this
request and held a public hearing on it. The site is approximately
10 acres and it is proposed that 23 single family homes be
constructed. The Planning Commission has recommended denial of
the request and that the petitioner request a rezoning of the site.
ichard Krier, representing Robert Middlemist, stated that even
if t .,s area were rezoned, a r,onsiderahla number of variances wculd
he required. He showed graphics of the rite dnd how the proposed
ts compare with current surrounding lots, and explained the
li i f icul ty of planning lots around the required setbacks and
yt1reets. He stated that they don't want to rezone because variances
would stili be needed and the process of rezoning is a long and
costly one. He reviekted the constraints on s.Lbdivision design
flexibility and stated there dere comparables to the Sut.division
Unit Project to the south., though the ordinance no longek• provides
for such projects.
Councilmember Th reinen stated his concern th,t this w,uld set the
tone for future development. to the southeast of the site and the
City coule.4soul;be faced with more variance reque.As,
ShirleStPnsrud, 3051 quaker Lane N., stated she doesn't feel the
CCty needs the collector street as planned because Fi 1 grim Lane
already exists to handle the local traffic. 1' this strPct were
not required, the Mtiddlemist lots could be made metier,
RESOLUTION NO, 81-784
DENYING MAN=
EUGENE DABROWSKI (81056)
Item 7-C
PRELIMINARY PLAT -
ROBERT MIDDLE,MIST FOR
MERRY MIDDLEMIST"
81055)
Item 7-D
Chuck Grimsrud, 1(215 Kst Ave. N,, stated his concern that the
proposes ornes would b:. consideraniy 1lass in value than the existing
homes in the ne'ghbo600d, Ile also doesn't feel an extension of
31st Avenue is necessary.
Larry Decker, 2805 Fever,i Circle, disagreed with the lot sizes as
shownTy -Ire Krier and s0ted that the proposed lot si.e did not fit
into the neighborhood. he doesn't believe zoning standards ch%.ges
should take place a plat at a titre.
Gladys Utoft, 3020 Quaker Lane, corrected her lot size which she
fated was larger than that which was shown on Mr. Krier's map,
Rod Westrum, 10210 31st Ave. N., 2fireed with tK3 Planning Coimnission's
recommendation to deny the variances, and stated the petitiorter's
presentations were confusir9%
340-
Regular Council Meeting
November 16, 19P1
Fage 341
John Homer, ]COOS 32nd Ave. No. stated he felt the rear setbacks
weresmall.
Councilmember Neils stated thor! were two basic considerations which
should tie addressed in reachin5 a conclusion on this request: should
the circulation pattern in the area be per the Thoroughfare Guide
MOTION was made by Coun-ilmembe r Neils, seconded by Councilmember
Schneider, that the City reaffixm. the Tioroughfare Guilt Plan and
the sheet and circulation plan on thisgarea and as it affects this
particular development.
Motion carried, four ayes.
Councilmember Neils suggested there wire several options available:
approve variances as proposed in the Pl-A district; determine this is
an "exception" RPUD per ordinance criteria; or, rezone the site to
111-8. He stated rezoning would essentially just be an extra process in
this case and the second route might be better, noting that it also
requires a 4/5 vate. He stated the variance mechanism could achieve
the same result if the Council f o;ind that the development is appropriate
to the area,
Councilmember Threinen stated that by granting all .he requested
vai-ianees the Council would be, in effect, rezoning by 6-.
ariance
which he doesn't like. He also et."'ed it would be setting an
undesirable precedent for the Wrrot,nding areas, and would be contrary
to the purpose of the zoning ordinance.
Lengthy discussion followed on the size of the surrounding lots,
the accuracy of their stated size, problems of transition to existing
neighborhoods, and future precedence for variances created by the
granting of this request.
MOTION was made by Councilmember Neils that the preliminary plat be
approved as proposed inc'uding the variances necessary for the
development arb proposed.
Motion failed for lack of a second.
Counci l member Neils suggested that further con'liderat ion of tni s pre-
liminary plat be considered in concept as an extension of the cluster
development to the north and make a finding that this meets the RPUD criteria.
Councilmember Neils stated that in light of the constraints he was not
supportive of reducing the number of lots. Councilmember Schneider agreed
with Councilmember Threinen Zhat variances were not in order to the degree
proposed and that the petitioner acquired the land with knowledge of the
ordinance standards.
MOTION raj made by Councilmember Threinen, seconded by Councilmember
Neils, that the Council refer this back to the Planning Commission
for redesign to include (1) the lots on the south side of 31st Aienue,
lest of Pilgrim Lane,, be reduced by one to increase the lot size to a
proper transition with Ridgecrest, (2) that the proposed Thoroughfare
Guide Plan has been reaffi"med, and (3) that the lot lines on the
south side of 31st Avenue and east of Pilgrim Lane be adjusted so the
end lot have a iinimum of 15,500 square feet.
341-
Regular Council Mleet i ng
Novemkir 16. i981
Page 347.
NOW': was made by Mayor Davenport, seconded by Councilmember Schneider,
to amend the motion that this development be classified as an RPUD
pursuant to the Zoning Ordinance variance standards in Section 9.
SUBSTITUTE 10TION was made by Councilmember Ne; to incorporate all the
conditions stipulated in Councilmember Th reinen's motion and include with
the conditions that the preliminary plat is approved on the basis that this
is an exception parcel abutting (1) a larger development that was developed
under RPUD design standards although an. RPUD ordinance did not exist at the
time; and (2) that the plot to the south, as developed and as preliminarily
approved, was an SUP; and thus to compel rezoning or RPUD status is not
irarranted.
vition fails for lack of a second.
Motion to amend carried on a Roll Call vote, three ayes.
Councilmember Schneider voted no.
Motion as amended carried on a Roll Call vote, three ayes.
Councilmember Schneider voted no.
Planner Tremere stateJ that the action effectively established the
development as an RPUD with concept plan approval and vWicn the matter
returned to the Planning Commission it would be as a sec rad stage
preliminary plan/plat) RPUD application with deslgr div.etion from
the Council.
The Mayor explained the Council's action to the resident: and to
the petitioner.
MOTION was made by Councilmember Schneider, secondeui.y Council- RESOLUT40N N0. 81-785
member Threinen, to adopt RIESOLUTION N0. 81-785 AFrioviNG AP'MOVI 1 R NEL O F
RENEWAL OF CONDIt'IONAL USE PERMI`' FOR AN 80 -FOOT V'GH TOWER CONDITIONAL USE PERMIT
WITH MOUNTED WIND GENERATOR FOR JACOBS WIND ELECTRIC COMPANY JACOB. WIND ELECTRIC CO.
AT 2720 FERNBROOK LANE (80042). (80042)
Item 7-E+
Motion carried on a Roll Call vote, four ayes.
Manager Willis stated that Mr. Arnold Palmer hta previously
brought this rejuest for subdivision code and development policy
variances to the Council where it was deferred because the Perk
Park and Recreation Advisory Commission was in the process of
undertaking comprehensive park planning and 'jecause this site
was under consideration as a park. He pointed out to the Council
that this site is outside the Metropolitan Urban Service Area (MUSA)
end constitutes premature development placing •;xtr•a burden and cost
on the remainder of the community for public utility and facility
maintenance and delivery of pjblic services generally.
Dick Hassel. attorney for Mr. Palmer, stated his iinderstin•ding
that —st l as analyzed the information regarding the layout of the
property and Its potential for future urban developnio.nt. x1ben
Mr. Palmer made his proposal to the Panning Comrission he described
the application and hardship involved. The Planning Commission
recommended approval and determined that the variance requirements
3-42-
ARNOLD PALMER REQUEST
PLANNING APPLICATION
81034)
Item 7-F
E
Regular Council Meeting
November 16, 1981
Page 343
but. was delayed so th,it the City
be needed. Mr. Palmer's position
and money has been put into this
Council make a detetiaination and
work can begin.
Mayor Davenport stated that state
of parcels smaller than 20 acres
City policy prohibits development
that the Metropolitan Council set
Council. City concerns focus on
development*
could consider whether a park would
is that a lit. of time, effort,
development. He asked that the
approve the va-riances so that the
statute provides that land divisions
are subject to City regulations and
in unserviced areas. He pointed out
the MUSA line, not the Plymouth City
the costs to the City for premature
Manager Millis stated that MUSA is that area outside which nietro facilities
or capacity for facilities are not currently available. The City can not
expand its sanitary sewer outside MUSA where this land is located. Long
range and continuing costs include providing these homes w1th police and
fire protection. This would require the reFt of the commuiity to effectively
subsidize this premature development. Thers is substantial land available
within the MUSA which is not developed and should be developed in accord
with the City's Comprehensive Plan.
Councilmember Neils asked Manager Willis to re.liew the amount of land
and uses of land outside the urban service are,. He then observed that
the cost per parcel for providing fire and police services in that area
was not ;s "self funding" as parcels in the urban area. He also
recalled previous problems with maintaining rural section roads as
traffic incr)ased.
Mr. Hassel aaded that the eight lots would have septic systems which
do not require public sewer service. The Planning Commission has
found that this proposal meets hardship stasndards, snd the Council
cdn allow variances.
MOTION was made by Councilmember Schneider, secorded by Council -
member Threinen, to adopt RESOLUTION NO. 81-786 DENYING ARNOLD
PALMER PETITION FOR W,aI"LkS AND VARIANCES.
Motion carried on a Roll Call vote, three ayes. Councilmember
Neils voted no.
MOTION was mage by Councilmember Scrneider, seconded by Council -
member Threinen, to adopt RESOLUTION N0, 81-787 REDUCING
DEVELOPMENT BOND, MEOICIME LAKE HIGHLANDS (81010) to $47,280,
Motion carried on a Roll Fall vote, four ayes.
y
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to adopt RtSOLUTION NO. 81-788 REDUCING
DEVELOPMENT BOND, WIND RIDGE AT BASS LAKE 3RD ADDITION (A-755)
to $32,493.
Motion carried on a Roll Call vote, four ayes.
343-
RESOLUTION N0. 81-786
DENYING t CTW TEST
ARNOLD PALMER
81034)
Item 7-F
RESOLUTION N0. 81-787
R" i M11TT'
BOND -MEDICINE LAKE
HIGHLANDS (81010)
Item 7-G-1
RESOLUTION N0. 81-788
RIDUCING T
BOND -WIND RIDGE AT
BASS LAKE 3RD ADDU (A-755)
Item 7-G-2"
egu1ar 100unc. et ng
Navenber 16. 1981
Page 344
MOTION was wade by Councilmember Schneider, seconded by Council -
member Threinens, to adopt RESOLUTION NO. 81-789 DECLARING
ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT,
MEET LIGHTING - MEDICINE LAKE RIGMLANDS ADDITIOUO
Motirn carried on a Roll Call vote, three ayes. Councilmember
Neils abutatned.
MOTION was made by Mayor Davenport. seconded by Counciimember
Schneider. to adopt RESOLUTION NO. 81490 RECEIVING REPORT FOR
i8T11 AVENUE - RIGHWAY 55 `I'9 WEST MEDICINE LAKE DRIVE. STREET
AND UTILITY IMPROVEMENTS. PROJECT 122.
Motion carried on a Roll Call vote. four ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Neils, that the Council approve the draft agreement
between Plymouth and St. Louis Park for the watermain connection
to serve Shelard Park.
Discussion was held on the terns of the agreement.
NOTION "s made by Councilmember Neils, seconded by Mayor
Davenport, to amend tp2 motion that the draft agreem.nt in its
final form include clearly stipulated language that the City's
agreement to serve St. Loins Park will aaet a second priority on
St. Louis Park needs if the integrity of the Plymouth water supply
is in danger.
Motion to amend carried on a Roll Call vote, four ayes.
Motion as amended carried ,nn a Roll Call vote, four ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Threlinen, to adopt RESOLUTION NO. 61 -?91 APPROVING
CONTRACT PROPOSAL FOR PROFESSIONAL SERVICES FOR THE VESIGN
OF PARKERS LAKE. PLYMOUTH CREEK, AND WEST MEDICINE LAKE PARKS
in an amount not to exceed $13,250.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Schneider, seconded by Council -
member Threinen, to adopt RESOLUTION NO. 81-792 AUTHORIZING
EXPENDITURE OF FUNDS FOR PRINTING OF INFORMATIONAL HUMAN RIGHTS
COMMISSION BROCHURES at a cost of $300.00.
Motion carried on a Roll Call vote, four ayes.
REPORTS OF OFFICERS, BOARDS AND COW!ISSIONS
Manager Willis stated that the proposed changes in the City's
on -sale liquor ordinance are to further clarify the C.ty's
position on location of facilities serving liquor.
Discussion was held (n whether or not distance from a
residential area should be addressed in the ordinance.
344.
RESOLUTION
al4—
RESOLUTION N0. 8)-789
DEMR7
PETITION' A ORDERING RPT
STREET LIGHTING
MEDICINE LAKE RIGHLANDS
Item 7 -EF•
RESOLUTION N0. 81-790
RUN Z RGORTISWET
A UTILITY IMPROVEMENTS
PROJECT 122
Item 7-I
DRAFT AGRrr"FP,1T WITH
ST. LOUIS FIA k FOR
MATER INT000NNECTION
Item 7.J
RESOLUTYON N0. 81491
PROFESSIONAL SERVICES -
PARKERS LAKE, PLYMOUTH
CREEK & k'. MEDICINE LAKE
Item 7-K
RESOLUTION N0. 81-792
iT 1OR M -Na- RE
OF FUNDI FOR PRINTING
HUMAN NIGHTS BROCHURE
Item 7-l'
REVIEW OF ON -SALE
LIQUOR i, KENS ING POLICY
AND ORDIRINCE
Item 11-A
6. 1901
Page 345
Dr. Schaefer, 3045 Da`viev lane, stated that the. City sh\tauld
re I "arR e r Integrity of neighborhood values wherever it cart
and ellotnate the "neon light" strips that develop to some
communities, lte is currently conducting a study in the cities
of Plymouth and New Hope an persons picked up -for drunk driving,
where they live, and where they had their last drink. Ile will
get the results to . e 'Count t i when It Is completed.
This proposed ordinance will be brought back tis the Council
with changes as suggested regarding Distance firem residential
areas.
This was an informational item and no action was taken. PUBLIC IMPROVEMENT
PROJECT STATUS REPORT
Item, R•D
Manager Lillis summarized the proposed ordinance relating to the ORDINANCE RELATING TO
licensing of amusement centers.
LICENSINfs ANUSEMENT
Councilmember Threinen stated he would like the hours of CENTERS
operation tied to the regularly scheduled school day to be Item SmC
rPs%: -icted to those which are vutsf:de the hours the school
i ir session.
jor Davenport stated he thought 100 per machine may be high
k:?id h would favor $50 to 75 per machine.
Councilmember Neils stated he would rather qee a higher
amusement center fee with a lower per machine fee,
Jeff Vitale, 10025 47th Ave. N., stated he doesn't relieve that
any ac `ty should be closed to the adult populatitn during
school hours%
Councilmember Threinen suggested the estahlistuaent be responsible
for checking identification to lim'tt usage to tho-se over the legal
adult age of 19 during normal schovl hours,
Manager Willis stated he will redraft the ot,upused ordinance and
bring it back to the Council ;A another maet i ng,
Thi meeting was adjourned at 12:00 a.m.
2 q aur a out, Cit ems'
X45-