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Home My WebLink AboutCity Council Minutes 03-05-19840 0 S// M I N U T E S REGULAR COUNCIL MEETING MARCH 5, 1984 I A regular meeting of the Plymouth City Council was called to order by Acting Mayor Schneider at 7:35 p.m. in the. Council, Chambers of the City Center at 3400 Plymouth Boulevard on March 5, 1984. PRESENT: Mayor Davenport, who joined the meeting at 9:20 p.m., Acting Mayor Schneider, Councilntembers Crain, Neils, and Moon, Assistant City Manager Boyles; Engineer Moore, Planner Tremere, Park Director Blank, City Attorney Lefler, and City Clerk Houk. ABSENT: None CONSENT AGENDA MOT1ON was made by Councilmember Neils, seconded by Councilmember Moen to adopt the consent agenda with the exception of item ?-A% Motion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Neils, seconded by Councilmember Moen to approve the minutes of the special meeting of February 2?, as submitted. Motion carried Neils abstained. PUBLIC HEARING on a Roll Call vote, three ayes. Councilmember Assistant Manager Boyles stated that this public hearing is to consider the request of Jerome and Sheila Lavin dba DAVICA Gordon and Ferguson Company Project) for $2,700,000 IDRB, financing to acquire an existing structure and approximately five acres of .land at 2915 Niagara Lane. They project that their equity contribution of $250,000, will be the acquisition of the five acre parcel. Because of the discussions on IDRB financing on the federal level, the bonds may not be finalized until the situation becomes clearer. CONSENT AGENDA Item 4 MINUTES - SPECIAL MEETINGS OF FEBRUARY 279 1984 Item 5* PUBLIC HEARING IORB REQUEST FROM DA?V ICA Item 6-A A// Special March S, Page 45 Council Meeting 1964 4%.ting Mayor Schneider opened the public hearing at 7:43 p.m. 3erEj Lavin, 14 Loring Road, Hopkins, stated that when he spoke with anager Willis he explained that he was prepared to contribite equity. They are asking to bond the difference between the'project costs and their equity contribution. Councilmember Crain asked if -the piece, mrk cam 4rom:t4 Far East. Ms. Lavin answered that they are adding a sporting goods line of which approximately 60W -comes from the Far East. Their apparel line is substantially domestic. Councilmember Moen asked if they would propose to purchase this building without 1DR13 financing. Mr. Lavin answered that they are purwing alternative conventional financing in the ,event the IDRB request is denied. They ara planning on owing to Plymouth In any event. Coanclimember Schneider stated his concern with the fact that the petitioner is the holder of the bonds and Is leasing the buildiiig to his own compa:-y. Mr. Lavin stated that he discussed this wtth Manager Willis %nd was assured that any new policy Onying this type of proposal which may subsequently be adopted by the Council would not affect his request. The public heorIng was closed at '109 p.m. Councilmember Crain stated his concerns with the equity of less, than 10%0 which he believes is smaLl, and the with company's ability to take on this additional mortgage commitment. Acting Mayor Schneider noted that the bonds will L -v privately placed by a bank and it would be their responsibil!ty to back up the bonds. The City will in no way be held responsible nor will it affect the City's credit rating. NOTION was made by Counciimember Neils, seconded by Councilmember Schneider, to adopt RESOLUTION NO. 84-126 GI%'ING PRELIMINARY APPROVAL TO A PR03ECT WITH OEROME V. "VIN ANG SHEILA ELLEN LAVIN DBA DAVICA PROPERTIES UNDER THE M10NESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVLNUE BOND, UP TO THE AMOUNT OF $2,7000000, TO FINANCE THE PHOOECY AUTHORIZING THE SUBMISSION OF AN APPLICATI%1N FOR APPROVAL OF SAID PR03ECT TO THE ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY OF TAE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS. u I -N." I I . 1' ii it RESOLUTION N0.84-126 S REQUEST OF DAVICA Item 6-A Special Council Meeting March 5, 1984 Rage 46 0, Acting Mayor Schneider stated that without a change in the J City's IDR policy, he would find it difficult tc deny this request when similar requests have been approved by the Council. C J, 0 Motion carried on a Roll Call voile, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Neils, seconded by ORDINANCE N0. 84-04 Councilmember Moen, to adopt ORDINANCE ND, 84-04 AMENDING THE AMENDING ZONINC ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS IN SECTION 3 AND, -lit,' -ORDINANCE REPEALING ORDINANCE NO, 83-14. Item 7-0 Motion carried on a Roll Call vote, four ayes. Councilmember Schneider voted nay. NOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt RESOLUTION N'0. 84-127 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED WEST OF PINEVIEW LANE, SOUTH OF COUNTY ROAD 479 NORTH OF SOO LINE RAILROAD TRACKS, AND EAST OF INTERSTATE HIGHWAY 494 (RPUD 84- ) (83008). Motion carried on a Roll Call vote, -four ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt RESOLUTION NO. 84-128 APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIM?NARY PLAN/PLAT, AND CONDITIONAL USE PERMIT FOR SkUL SEGAL, ENTERPRISE PROPERTIES FOR ROLLING HILLS PARK (83059) (RPUD 84- ). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt ORDINANCE N0. 84-05 AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS OF RPUD &- LOCATED SOUTHWEST OF 48TH AVENUE AND ZACHA^Y LANE AS R -1A (LOW DENISTY SINGLE FAMILY RESIDENTIAL) DISTRICTS • Notion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Moen, to adopt RESOLUTION N0. 84-129 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION (IF ORDINANCE REZONING LAND LOCATED SOUTHWEST OF 48TH AVENUE NORTH AND ZACHARY LANE (RPUD 84- ) 83059). Notion carried on a Roll Call vote, four dyes. RESOLUTION N0.84-127 ZONING ORDINANCE 83008) Item 7-A• RESOLUTION N0.84-128 RPUD PIANIPLAT & CUP SAUL SEGAL, ROLLING HILLS PARK (83059) Item 7-8* ORDINANCE NO. 84-05 AMENDING ZUNTNG ORDINANCE Item 7-0* RESOLUTION N0.84-129 SETTING CON51TIOR PUBLICATION OF ORD. 83059) Item 7-B* r;. I v Speciat Council fleeting March 5, 1984 Page 47 Assistant Manager Boyles reported that the petitioner, Robert ROBERT MIDDLEMIST Nlddlemist# had office building plans approved iii 1982. The SITE PLAN 8 building permit was not applied for and this approval became VARIANCES null and void per ordinance requirements. Mr. Middlemist sought (91070) reaffirmation of the previous approval, but after extensive Item 7-C discussions with staff and the abutting property owner, the Planning Commission directed the site plan be amended to reduce the number of variances and to eliminate all but one variance on the east side of the proposed building. The petitioner has sub- mitted a revised plan which is responsive •to• the Planning Commission directions. Planner Tremere added that the proposed resolution would approve the site plan which is responsive to Planning Commission direc- tives. Counclimember Crain asked about apparent parking variances on the west "side of the building. Planner Tremere answered that he would see that this was added to the approving resolution as item 6-fi the Commission and Council originally viewed the sl.s ation as "shared" parking between commercial sites. Robert Middlemist, 4140 Ximines Lane, stated that he has tried to address t RMconcerns of the, owner of the property to the east. httorney Lefler explained the process the City has followed with the filing lot division/consolidation approvals with the Henne- iin County finance Department for Torrens land and the fact that building permits will not be held up by the City while the County is in the process of recording them. Alan Albrecht, attorney for Tom Benshop, adjoininq property owner, po nte out that thcry view this not as a reaffirmation of a previous request but as a new request. At the time Mr. Stotts divided this property, this site was proposed for a building approximately one-half the size of that being proposed. Wien this was before the Council In 1982, Mr. Benshop was not informed and had no input regarding variances. He cited state statute language relative to variances and necessary findings. He stated that the building being proposed does vary from mane of the City's ordinances, one being that the building is within 50 feet of Highway 55. He asked that the matter be referred back to the Planning Commission. 0 Special -Council Meeting 1 ( r March , 1964 Page 48 S ! % r Tom 9en3ho , 10601 Highway 550 stated Wt appreciated bafilg nott- fftd nota- fedof proposed building and variances. He has not had 'an opportunity to study the revised plans subsequent to the Commis- 3Lon meeting, but would like that opportunity in ot•der to deter- mine how they will affect his property. Planner Tremere pointed out the changes made to the plan in res- ponse to Mr. Benshop's concerns; the outside stairway has been r.•illocated. the rubbish container has been -moved, and the build- ing has been moved to the west. The building is 50 feet from the Highway 55 front property line dnd this satisfies the ordin- ance. . 1. . Mr. Benshop stated that the concerns which directly affect his property have been answered. He still believes, however, that there is too much building for thio lot, as evidenced by other variances. MOTION was made by Councl_member Neils, seconded by Council - member Moen, to adopt RESOLUTION NO. 84-130 APPROVING SITE PLAN AND VARIANCES FOR ROBERT MIDDLEMIST FOR ALPINE OFFICE BUILDIML 81070) with the addition of item 6. f) "parking allowed up to west property." Planner Tremere stated a review of the setbacks indicates there is a 3 foot corner of the building which would be closer than 50 feet to the Highway 55 front property line if the distance were measured parallel to the property line. That: is a standard method of measuring setbacks. Councilmember Neils asked if the resolution should be amended to indicate this. Attorney Lefler stated he is comfortable with the resolution as proposed it is based upon the plan submitted to and reviewed by the Council. r MOTION was made by Councilmember Schneider, seconded by Council - member Crain to amend the resolution to add Item 8. as follows: The landscape plan shall conform with City policy". Motion to amend carried on a Roll Call vote,, four ayes. Motion as amended carried on a Roll Call vote, four ayes. Assistant Manager Boytes sated that the petitioner, Craig Free- man, had previously received approval for a shopping anter at the same `.ovation in the Willow Grove area east of Nathan Lane, 1 These plans wet .-% revised significantly since then, and the pro- ject is now proposed in a phased manner. The Planning Commis- sion recommends approval. 1 ; ; RESOLUTION NO.84-130 V^ . V . V...., ., ...,..... ROBERT MIDDLEMIST ALPINE OFFICE BLDG. 81070) Item 7-C WILLOW GROVE SHOPPING CENTEn CRAIG FREEMAN 83065) Item 7-U Special Council March S, 1984 Page 49 Engineer Moore ponding area h never taken ou requirement ag insure the per for. Thus, engineer's memo Meeting stated that the creation of a previously prop)sed as not taken place. The necessary permits were t. Item 11 of the engineer's memo includes this pin and Mr. Moore stated he will follow up to rmite for the ponding improvements are applied the petitioner's concerns with Item 7 of the can be addressed by deleted Item 7. f MOTION was made by Councilmember Neils, seconded by Council - member Noen, to adopt RESOLUTION NO. 84-131 APPROVING SITE PLAN FOR CRAIG FREEMAN FOR WILLOW GROVE SHOPPING CENTER - PHASE I 83065) with conditio)n No. 1 revised by adding: "delete Item Noe 71" and with condition 95 revised as follows: "Any subse- quent phases or expansions are subject -,to required review and approvals per Ordinance provisions. Such an application shall include a revies of the need for a trash compactor." Notion carried on a Roll Call vote, four ayes. Assistant Manager Boyles stated that the Planning Commission considered the petition and has recommended apprcval of the revised MPUD preliminary plan/plat, final plat, and site plan for Prudential Insurance Company of America for Northwest Business Campus (11PUD 81-1) ;84003/84004). MOTION was made by Councllmemoer Neils', seconded' by Councilmember Moen, to adopt RESOLUTION NO. 84-132 .1PNROVINr. REVISED MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT FOR PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR NORTHWEST BUSINESS CAMPUS (MPUD 81-1) (84003). Motion carried on a Roll Call vote, four ayes. NOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt RESOLUTION N0. 84-133 APPROVING FINAL PLAT FOR NORTHWEST BUSINESS CAMPUS 5th ADDITION FOR PRUDENTIAL INSURANCE COMPANY OF AMERICA (MPUD 81-1) (84003). Motloh carried on a Roll Call vote, four ayes. nt 1. . MOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt RESOLUTION N0.84-134 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR NORTHWEST BUSINESS CAMPUS 5th ADDITION FOR PRUDENTIAL INSURANCE -COMPANY OF AMERICA (840031. Motion carried on a Rol[ Call vote, four ayes. RESOLUTION N0.84-131 ANt BMW GROVE SHOPPING CENTER, PHASF I CRAIG FREEMAN 83065) I :m 7 2 RESOLUTION NO.84-1 _3 W -V Mo MPUD PRELIMINARY PLAN,' PLAT, PRUDENTIA-- 84003) Item 7-E RESOLUTION N0.84-13 rTW PLAT NORTHWEST BUSINESS CAMPUS 5TH ADDHe 84003) Item 7-E RESnLUTION NO.84-134 SETTING IONS._ FINAL PLAT, MIRTH. WEST BUSINESS CAMPUS x4003` Item I -E 0 S// Special Council Meeting March S, 1984 Page SO MOTION was made by Councilmember Neils, seconded by Councilmember Moen, to adopt RESOLUTION NO. 84-135 APPROVING SITE PLAN FOR BUILDING 'B.' FOR PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR NORTHWEST BUSINESS CAMPUS (MPUD 81-1) 184003). Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Councilmember Moen, to 6dopt RESOLUTION N0. 84-136 APPROVING SITE PLAN FOR BUILDING 'C' PRUDENTIAL INSURANCE COMPANY OF AMERICA FOR NORTHWEST BUSINESS CAMPUS (MPUD 81-1) (84004). Motion carried on o Roll Call vote, four ayes. Councilmember Neils stated she would not favor asking Prudential to update their concept plan annually. Carlos Hodge, representing Prudential, stated that one of the pro ems in informing the Planning Commission of their ongoing plans is the confidential nature of their negotiations. He has been meeting with the City Manager and Mayor to discuss pro- posals. Planner Tremere stated that the Planning Commission is asking that Prudential inform them of any changes to the overall PUD plan after finalizing plans with prospective tenants and buyers. The concern is that the PUD plan should not be changed in a piecemeal fashion as site plans are submitted. The Commission appreciates the need for confidentiality. RESOLUTION NO.84-135 SITE PEM BUILDIN(7 B, PRUDENTIAL NORTHWEST BUSINESS CAMPUS (84003) Item 7-E RESOLUTION M0.84-136 Co PRUDENTIAL NORTHWEST BUSINESS CAMPUS (84004) Item 7-E Mr. Hodge pointed out that because of market and economic changes, they need the flexibility to make changes in their plans; especially since this is a project which is planned to take place over a ten year period. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION N0.84-137 member Moen, to adopt RESOLUTION N0. 84-137 DECLARING ADEQUACY ORDERING REPORT OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING STREET LIGHTING BASS LAKE. HEIGHTS. BASS LAKE HEIGHTS Item 7-F* Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Neils, seconded by Council - member Moen, to adopt RESOLUTION NO. 84-138 RECEIVING PH.TITION FOR PUBLIC IMPROVEMENTS, 18TH AVENUE, WORD OF LIFE ASSEORLY OF GOD CHURCH. Motion carried on a Roll Call vote, four ayes. RESOLUTION N0.84-138 RECEIVING PETITION PUBLIC IMPROVEMENTS 18TH AVENUE Item 7-G* S// Special Council Meeting March 5. 1964 Page 51 MOTION was -made by Councilmember Neils, seconded by Councir- RESOLUTION No ,84--1e member Mloen, to adopt XESOLUTION N0. 14-139 RECEIVING ORDERING JECT-'- PRELIMINARY REPORT AND ORDERING PROJECTS STREET LIGHTING - STREET LIGHTING VICKSBURG LANE AND 27TH AVENUE, VICKSBURG LADE 6 27TH AVENUE Notion carried on a Roll Call vote, four -ayes, Item 7-H* Mayor Davenport Joined the meeting at 9t20 p.m. Bill Eldridge, NSP, was present to answer any questions of the NSP APPLICATION ounc . OVERHEAD FACILITIES Item 7-I MOTION was made by Councilmember Schneider, seconded by Council member Moen, that the City not require NSP to bury its cables per the City Attorney's memo of February 21, 1984 along County Road 61/West Medicine Lake Drive from County Road 9 to 30th Avenue. Motion carried, five ayes. MOTION was made by Councilmember Neils, seconded by Council- RESOLUTION 40.94-140 member Moen, to adopt RESOLUTION N0. 84-140 ORDERING PREPARATION ORDERING RUIORT OF PRELIMINARY REPORT, DEVRIES 3RD ADDITION, STREET AND DEVRIES 3RD ADDN. UTILITIES, PROJECT N0, 414. STREET 6 UTILITIES PROJECT 414 Motion carried on a Roll Call vote, four ayes. Item 7-3• • Engineer Moore reported that School District 284 has requested that the City extend sanitary sewer service to the Greenwood Elementary School. NOTION was made by Councilmember Neils, seconded by Council- RESOLUTION W84-141 member Crain, to adopt RESOLUTION NO. 84-141 ORDERING PREPAR69DERING REPORT ATION OF PRELIMINARY REPORT, SANITARY SEWER EXTENSION, GREENWOOD SANITARY SEWER EXT. SCHOOL, PROJECT N0, 415. GREENWOOD SCHOOL PROJECT 415 Motion carried on a Roll Call vote, five ayes. Item 7-k MOTION was made by Councilmember Nel.ls, seconded by Council- RESOLUTION 40,94-142, member Moen, to adopt RESOLUTION N0. 84-142 CALLING FOR HEARING ORDERING INGr ON IMPROVEMENTS - PROJECT N0,, 903, NORTHEAST TRUNK SANITARY NORTHEAST TRUNK SEWER for March 26, 1994 at 7;30 p.m. SANITARY SEWER PROJECT 903 Notion carried on a Roll Call vott, four ayes. Item 7 -L -I* MOTION was made by CounCIlnwaimber Neils, seconded by Council- RESOLUTION NU.84-143 member Moen, to adopt RESOLUTION Q. 84-143 CALLING FOR FEARING ORDERING HEARIRn ON IMPROVEMENTS - PROJECT 225, 457H AVENUE - NATHAN LANE TO 45TH, NATHAN TO ZACHARY LAME for March 26, 1984 at 7:30 p.m. ZACHARY, PROJECT 225 Item 'I -L-2• Motion car- ied on a Roll Call vote, four ayes. 0 Special Council Meeting March 59 1984 Page 52 0 1 MOTION was made by Councilmembet Mils, seconded by Council- RESOLUTION N0.84-144 member Noen, to adopt RESOLUTION N0,, 84-144 APPROVING TEMPORARY ON -SALE MALT LIQUOR LICENSE for St. Mary of the Lake MALT LIQUOR LICENSE Church. ST. MARY OF THE LAKE Item 7-W Motion carried on a Roll Call vote, fLur ayes. 0 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Mayor Davenport stateO that adoption of the revised industrial IDRB POLICY development revenue bond policy was deferred from the February ADOPTION 27 meeting so that the entire Council could be present to Item 8-A consider it. The Mayor stated that in terms of the proposed policy, the City would be consistent with the federal recommendations,, ht; asked if the policy would put, the City in an unfavorable competitive position because it is too strict. Hr also questioned whether staff should compare the proposed policy changes with those of other developing cities. Discussion• followed on the City's proposed policy and the policy Jt has been operating under. The Council reviewed the policy, making a number of language changes including the deletion of Item 6. in the policy. MOTION was made by Councilmember Moen, seconded by Mayor Daven- port, that the proposed IDRB policy be brought back to the Coun- cil meeting of March 12 as a consent Item for final approval. Motion carried, five ayes. Councilmemher Schneider asked if the extended office hour plan would Involve overtime pay for those employees Involved. IMPLEMENTATION OF EXTENDED OFFICE Assistant Manager Boyles answered that It would not. MCUR PLAN Item 8-8 MOTION was made by Councilmember Schneider, seconded by Council - member Neils, that the trial period be at least 90 days and the preliminary "^port be to the Council after that time. Motion carried, five ayes. The meeting adjourned at 1005 p.m. y