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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Wiiiis stated that the request from N.O.k. Properties for industrial develornent revenue bond financing has been withdrawn by Mr.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-