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HomeMy WebLinkAboutCity Council Minutes 11-17-19861 o Q o o l/sff MINUTES REGULAR COUNCIL MEETING NOVEMBER 17, 1986 A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. In the City Council Cham- bers of the City Center at 3400 Plymouth Boulevard on November 17, 1./W. PRESENT: Mayor Schneider, Counelimembers Crain, Sisk, Zitur, and Vasillou, Manager Willis, Assistant Manager Boyles. Public Works Director Moore, Planning Director Tremere, Park Director Blank, Finance Director Hahn, City Attorney Thomson, and City Clerk Brandt ABSENT: None MOTION was made by Councllmember Sisk, seconded by Counci.lmember Zitur, to adopt the consent agenda deleting Item 7-0. Motion carried on a Roll Call vote, five ayes. MINUTES NOTIUl1 was made by Councllmember Sisk, seconded by Councilmember Yitur, to approve the minutes of the November 3 regular Council meeting as submitted. Motlun carried on a Roll Call vote, five ayes. PUBLIC HEARING Mayor Schneider opened the public hearing at 7:35 p.m. No one those to speak and the hearing was closed at 7:35 p.m. NOTION was made by Councllaember Vasllion, seconded by Council - member Sisk, to adopt RESOLUTION N0. 86-757 APPROVING ON -SALE INTOXICATING AND SUNDAY SALES LICENSES FOR BRUCE SMILEY, HOLIDAY INK PLYMOUTH. Motion carried on a Roll Call Grote, five ayes. PETITIONS REQUESTS AND COMMUNICATIONS Mayor Schneider stated the Planning Connnl sslon held a meeting on August 27 to discuss Alpha House's petition. It was continued until October 22 to give residents time to meet with representa- tives of Alpha House and discuss their program. After CONSENT AGENDA Item 4 MINUTES - REGULAR MEETING, NOVEMBER 3, 1486 Item S• PUBLIC HEARING - HOLIDAY INN RESOLUTION N0. 86457 ON -SALE A SUM ,WES LIQUOR LICENSES HOLIDAY INH PLYMOUTH Item 6-A ALPHA HUMAN SERVICES C.U.P. 8 SITE PLAN Item 7-A yAr 17, 1le6 Mt 06kaber , n public hearing, the Planning Commission recomm wded that a special study eomnittee be established to review uses defined by State reiplations as residential treatment fa s ellit%s and that an Interim ordinance be adopted to place a moratorium on this use or similar uses in all toning districts until the study is cWletede t e ' All materials sent to any counellmober through the City admini - stration have been copied for all aouncilmemberse The Council has done its homewask on this subject, therefore, the presentem n V 0 tions should be of a brief nature. e Gerald Ka an, Alpha Rause, stated he understands the concerns of the n #iForhood, but asked the Council to overlook the evade t tional opposition and consider the petition on the basis of its legality. He believes they have established their lack of risk a through their past track record. If children were being moles ted by Alpha louse residents at their Minneapolis location, at least one of :hese would have surfaced over the 12 years of their operation. It is an appropriate site according to toning and 4menities as compared to their present site. He urged the Council not to adopt they Interim ordinance as It would be unfair to them and to approve the conditional use permit as requested. john Merman, attorney for Alpha Hou -se, stated the ordinance is no, guous as they were told by the planning staff= opposi- tion doesn't create ambiguity. He gave examples of acceptable reasons for a moratorium according to the States what the Coun- all would be doing with a moratorium would be just a denial of o their application and believes that is the way the courts would view this. .A Council listening only to the community objections fails to recognise the need of everyone in the metro community to locate in a!proprlate places and recognize that Alpha Nouse is part of the solution not part of the problem. These Matters should not be decided by the courts, but by the Council. He pointed Out that Plymouth has less than the County's recommended level for welfare facilities. Carol Orrownell, C.A.R,.E., stated the treatment of offenders is appropriatebuut, reyaiaing this site, there are 104 children living close, 9 liquor outlets in the area, and many "hang outs" for kids whlcb create too many temptations for tha Alpha House residents, This is a poor choice of sites. In spite of Mr. Kaplan's statement that bed checks are made hourly, she stated a resident watched their current location from a neighboring house and bedchecks were made only once that night. Statistics have S provei that the majority of the clients are not t.ntrafamiltal abusers. Alpha House is licensed by the Department of Correc- tlons, not the Department of Human Ser?•lcess. Thqise clients are convicted felons who have hurt children. A larger facility is not needed by the County and clients would have to be brought in from out of state to fill the beds. She asked that this propo- f sal be defeated. 0 b OF 11 "ar *well lit" Mare" 179P 19" Pagor 3" Mayor Schneider noted that Alpha House's attorney had provided the Conrneil with a six page opinion as to why the Council could not. dettr for study and establish a moratorium on this usa. City Attorney Thomson answered that he reviewed the letter and one point is that there is no ambiguity its the Zoning Ordi- nance. He believes the Cornell has the responsibility to inter- pret Its Zoning Ordinance on this question. It is his under- standing that naw facts have come to light since the initial staff report regarding how the facility is licensed as a resi- dential facility. The second issue raised in We Merman's letter Is the regulation of such uses. The Planning Commisslon swam ton is the study and an interim ordinance. Now these Issues should be defined and .then how regulated is the desired outcome. The Planning CommlWon has recom Wed a study be conducted to allow a comprehensive set of regulations to guide these types of uses. This has be&!e done in other eommunities but not in Plymouth. State law states that a moratorium can apply to any application that has na%t received preliminaty approval as of the date of the moritortum. Based on the history of this application, it has not received preliminary approval. This property is Classified LA -3 and not semi-public by the Land Use Guide Plan. He summari:ed his opinion that the recoemienda- tion o1 the Planning Commission, It adopted, is lawful and the Counel,l can impose the moratorium for whatever length of time It chooses. NOTION was made by Councilmember Sisk, seconded by Councilmember Vasillou, to adopt RESOLUTION NO. 86.758 AUTHORIZING A STUDY TO BE CONDUCTED PERTAINING TO REGULATION OF ADULT HALFWAY HOUSES, COMMUNITY-BASED RESIDENTIAL FACILITIES AND SIMILAR FACILITIES AND PLACING A MORATORIIM ON THE DEVELOPMENT OF SUCH USES OMO) 4 Counellmenber Crain stated this is a difficult Issue and com- mended the residents who worked hard on this and Mr. Kaplan as this is a necessary and worthy objective to stop sexual abuse. He believes City staff has done mn incredible job as has the Planning Commission and he belleves their recow-andation Is cor- rect. He added that Plymouth needs to establish clear guide- lines as to where these types of facilities should be. He is not convinced that all types should be treated equally. There are differences, such as whether they are ruled by the Depart- ment of Human Services or Corrections, a -id whether clients are there on their own volition or through court order. He believes the issue should be studied and doesn't believe it will take one year. Councllmember Zitur agreed. Councilmember Vasiliou stated Mr. Kaplan has done a good job of providing.answersr, Relative to the proposed study, there may be questions which cannot he answered because of a lack of hls- tory. The Planning Commission did Its job, as d...1 staff. Hope- ofolly a conclusion can be made. J ti PN RESOLUTION N0. 86458 AU'rWIZING VW' ESTABLISHING MORATOniUM ALPHA HOUSE (86080) Item 7-A h,woNOW60*1' Auk- Pofter Schneider stated he understands the residents' feelings and eonoesns and thanked them for attending the hears of Plan- ning Commission weetins and private wetings of Alpha House. c Its'undprstands the position 0 the applicant who is attempting to laoate a facility for people who truly need help. Nr. Kaplan has 'tried to explain his position. As a Councilmember, he to obligated to fpllos the lana and It is his opinion that the Planning Commission tion for a study is a good one.. The study is also needed tou adopt a set of comprehensive rubes to apply to thin application and any others. Pending the coo* pletion of the study, he believes a moratorium should be placed) a on the approval of this petition. Notion carried on a Roll Call vote, five ayes. NOTION was made by Couneilmober Grain, seconded by Couaeilmes- er iitur, to adopt ORDINANCE N0. 8648 INTERIM ORDINANCE FOR TME PMISr Or PROTECTING THE PLJAMIING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDEN'S, ;W REGULATING AND RESTRICTING ;ME DEVELOPNENT OF ADULT HALFWAY HOUSES, COMMIUMITY- BASED RESIDENTIAL F1ICILITIES AND SIMILAR USES WITHIN THE CITY 86080) . Batton carrted on a Roll Call vote, five ayes. Attorney Thomson stated that, based on the action taken on the first two matters, he recommended that a resolution 0ostponing action on the conditional use permit request for the period of the moratorium not be adopted until the ordinance is published In approximately two weeks. MOTION was made by Couneilmeober Sisk, seconded by Councilmem4sr Crain, to postpone action on the conditional use permit request until the meeting of December 19 1986. Motion %arried, five ayes. MOTION vas made by Counc i lmember Sisk, seconded by Counc i lowbe r Crain, directing staff to submit to the Council within one week their Ideas regarding the coWasitlon of a study group, not necessarily by naves, but by abtlities and characteristics use- ful in studying this situation. Counellmember C;aln stated he thought five to seven resldentR from various perspectives and expertise *ould be best. MOTION was made by Mayor Schneider, seconded by Counciimember Sisk, to amend the motion to add that staff should draft a charge for the study. Motioot to amend carried, five ayes. Motion as once amended carried, fire ayes. 0 ORDINANCE N0. 86-28 ADULT HALFWAY HMMS Item 7-A iIf Asia L6unC - e;ng) No%vWwr 17, 1986 Page X08 MOTION was made by Counelimember Sisk, seconded by Counclimember ORDINANCE N0. 86-29 Litur, to adopt ORDINANCE N0. 86-29 AMENDING THE ZONING ORDI- fir. NANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTH OF COUNTY ROAD 9; VAK-09 INC. (86075) GENERALLY WEST OF COUNTY ROAD 18 FRONTAGE ROAD TO 6-1 (OFFICE Item 7-8• LIMITED BUSINESS) DISTRICT. Motion carried on a Roll Call vote, five ayes. NOTION was grade by Counclimember Sisk, seconded by Councilmem- RESOLUTION N0. 86-759 ber Zitur, to adopt RESOLUTION N0. 86-759 APPROVING SITE PLAN SIT PLAN FOR RICHARD VANMAN, VANCO, INC. (66075). VANCO, INC. (86075) Item 7-8• Motion carried on a Roll Call vote, five ayes. MOTION was made by Councllmember Sisk, seconded by Councilmem- RESOLUTION N0. 86-760 ber Zitur, to adopt RESOLUTION NO. 86-760 DENYING THE CONDI- DENYING CoUsPe TIONAL USE PERMIT AMENDMENT FOR ALBER CONSTRUCTION COMPANY ALBER CONSTRUCTION 86100). (86100) Item 7-C Mayor Schneider verified that the petitioner had been notified of the meeting and that no one was present representing the pe- titioner. Notion carried on a Roll Call vote, five ayes. Mayor Schneider stated he removed this from the consent agenda REZONING, PRELIMINARY because of the difference of opinion on fire protection needed PLAT, FINAL PLAT, SITE in the building. PLAN AND C.U.P. ST. BARNABAS CHURCH Dennis Oelrich, representing St. Barnabas Church, stated they do (86108) not want a fire lane and are now requesting that the sprinkler Item 7-D be waived because of the site c..f the project. Director Tremere clarified that the Council Is the Board of Appeals on fire matters. Mr. Oelrich stated the construction of a fire lane would make this too expensive and they do not feel the sprinklers are necessary and suggested an alarm system would be suff.tetent pro- tection. Pastor Peterson, St. Barnabas Church, stated he discussed the alarm proposa with Fire Chief Robinson who did not approve It but he did state he would consider It. Councllmember Crain suggested tabling this until review of the request by the Fire Chief, Manager Willis stated the A nal pht element of this petition would have to be deferred because the development contract has no'.. been signed. He thinks :hat, if the alarm proposal is acceptable to the Fire Chief and the development contract is signed, the matter could come back as a consent item In one week. a 1 . I d rbwobi0t Toys it" 4 1 V TUM was made by QxmIUmftr Sisk, seconded by Counallmember Cralno to table the matter until the meeting of November 249 i r I r. Motion carried, five ayes. NOTIOR was made by Couneilmwiber Sisk, seconded by,Counellmember Zitur, to aeopt RESOLUTION NO., 86461 APPROVING A CONDITIONAL USE PERMIT FOR 04UM INTERNATIM% (86116). Motion earriad on a Roll Call votep five ayes. MOTION was made by Councilweeber Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION N0. 86.762 APPROVING A CONDITIONAL USE PERMIT FOR RETE BOER FOR PIZZA HUT ("1200 Motion carried on a doll Call vote, five ayes. f NOTION was made by Council seder Sisk, seconded by Co•melleesber Zitur, to adopt RESOLUTION We 86463 APPROVING SITE PLAN AMENO- MENT AND VARIANCE REQUEST FOR CONTROL DATA CORPORATION (8610b). Notion carried on a Roll Call vote, five ayes. Rotwet Niiddlemist, develaper, stated there are not any major problems a un erstands where the City is coming from, but utility charges can be a vary big item for him and asked the City not to assess him until the lots are sold. He also reques- ted that he not be made to place the barricades as requested un- til spring to allow prospective buyers access to the lots. He stated he would keep the short access plowed for the occasional construction truck. Director Moore addressed Mr. Mlddlemist's concerns and recom- mended there he no change in the development contract. He ex- plained the rationale for each Item. He pointed out that, if the Wy plowed the street before Mr. Middlealst plowed the con- struction access, the trucks would use the plowed route through the neighborhood. NOTION was made 9y Councllmember Vaslliou, seconded by Counell- meember Sisk, to adopt RESOLUTION Na. 86.764 APPROVING FINA1 wLAT AM DEVELOPMENT CONTRACT FOR TEP',.EY WITION FOR -'-0BERT MIDDLEMIST (86078). Diseusslo• follojed on the development contract and assuran, - ap that constructlo t trucks would use the short routs it the City were to ploy the remaining 700 ft. for use by prospective buy- ers. RESOLUTION We 86461 O -HAIR INTERNATIONAL 86116) Item 7-E• RESOLUTION NO. 86462 s 66121) Item 7-F-» RESOLUTION N0. 86463 A VARIANCE, CONTROL DATA CORP. (86108) Item 7-G• TEPhEY ADDITION ROBERT MIOOLEMIST 86078) Iter 7-H RESOLUTION NU. 86-764 ME PEAT 0 BEVELNEWCONTRACT, TEPLEY ADDITION (86078) Item 7-H 1 , Qewroit I vstt g . , ; 1 , . . _ , f 1 SALE OF TAXABLE G.O. a, punic sa.e of taxable bonds in the state. Because of the BONDS uncertainty within bond companies on taxable bonds, there was a Item 7-K ID NOTION was made by Mayor Schneider, oeconded by Counci lmemW Zltur, to amend the main motion by providing in the Developoent Contract that, in the event that Robert Middlemist would desize the City to draft the documents as per Item 14.11 in the devel- d; ti opment contractp he must provide the City with a check prior to RESOLUTION N0. 86-769 the drafting and the City Attorney would then draft the docN- AWARDING SALE OF meets on behalf of the 'City and charge the City for the service. S825,000 G.O. BONDS Notion to amend carried, five ayes. SERIES 19868 EXECUTION AND DFLIVERYI AND PROVIDIWG FOR THEIR PAYMENT. Item 7-K Notion as amended carried on a Roll Call vote,,five ayes. b NOTION was made by Councilmember Vasiliou, seconded by Council- RESOWTION N0. 86465 I J f member Sisk, to adopt RESOLUTION N0. 86465 SETTING CONDITIONS SET= MMITIMT TO BE NET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FON FINAL PLAT, TEPLEY TEPLEY ADDITION FOR ROBERT MIODLEMIST (86078). ADON. (86078) Item 7-H Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmemher Vasiliou,. seconded by Council- RESOLUTION NO. 86-766 member Sisk, to adopt RESOLUTION NO. 86466 ADOPTING ASSESS- MENTS, PROJECT N0. 708, SANITARY SEWER AREA - TEPLEY ADDITION in SEWER AREA, PROJ. 708 the amount of $4,132.80. TEPLEY ADDITION Item 7-H Motion carried on a Roll Call vote, five ayiss. NOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 86-767 titur, to adopt RESOLUTION N0s, 86-767 APPROVING CERTAIN CORRECAPPROVING MRECTIONS TIONS TO THE CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN THE CITY TO CONTRACT BETWEEN OF PLYMOUTH, MINNESOTA, AND RNWNL, A MINNESOTA LIMITED PARTNER- CITY & RNNNL SHIP. Item 7-I• Notion carried on a Roll Call vote, five ayes. NOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 86-768 titur, to adopt RESOLUTION NO. 86468 APPROVING CERTAIN TECHNI- CONNECTING TeleFe CAL CORRECTIONS TO TAX INCREMENT FINANCING PLAN FOR TAX INCRE- PLAN FOR DISTRICT 3-1 MEN1 FINANCING DISTRICT N0. 3-1. Item 7-J• Motion carried on a Roll Call vote, five ayes. Steve A felbacher, Ehlers and Associates, stated this is the SALE OF TAXABLE G.O. Trist punic sa.e of taxable bonds in the state. Because of the BONDS uncertainty within bond companies on taxable bonds, there was a Item 7-K significant variation on rates bid. He reccamended the City accept the low bid of Dain Bosworth at 7.3951%. NOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION N0. 86-769 bar Siak, to adopt RESOLUTION NO. 86-769 AWARDING THE SALE OF AWARDING SALE OF 925,000 GENERAL OBLIGATION TAXABLE TAX INCREMENT BODS, SERIES S825,000 G.O. BONDS 1,986Bi FIXING TNEIR FORM AND SPECIFICATIONS; DIRECTING THEIN SERIES 19868 EXECUTION AND DFLIVERYI AND PROVIDIWG FOR THEIR PAYMENT. Item 7-K Motion carried on a Roll Call vote five a Yes. J I J f le. II Regular Council Meeting Nbvember 179 1986 Page 311 1 NOTION wes made 5y Councilmember Sisk, seconded by Couricilmember RESOLUTION N0. 86-770 Zltur, to adopt RESOLUTION HUe 8C;-770 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, STREET LIGHTING OAMOOD SNORES 2ND ADDITION. OAS SHORES 2ND lt.ea: 7-L- :•+ Notion carried on a Roll Cail vote, five ayes. NOTION was bade by Counclimember Sisk, seconded by Councilmember RESOLUTION NO. 86-7;1 litur, to adopt RESOLUTION N0. 86471 DECLARING ADEQUACY OF ORDERING REPORT PETITION AND ORDERING PREPARATION OF REPORT, STREEF LIGHTING, STREET LIGHTING WOODLANDS 2ND ADDITION. WOODLANDS 2ND ADDN. Item 7-L-2* Notion carried on a Roll Call vote, five ayes. NOTION was made cy C<uncllmember Sisk, seconded by Carnellmember RESOLUTION N0. 86-772 Zltur, to adopt RESO(L;ION MO. P6-772 ORDERING CLIC HEARING ON ORDERING HEARI?T THE PROPOSED VACATION OF 11TH AVENUE AND 12TH AVENUE IN G.LEASGN VACATION I4 GLEA';CN TRAIL ADDITION for December 15, 1986 at 7:30 p.m. TR.Ah ADDITION Item 7-N* Notion carried on a Roll Call vote, five ayes. NOTION was made by Counclloamh-er Sisk, seconded by Councilmember RESOLUTION N0. 86-773 Zitur, to adopt RESOLUTION NO. 96-773 REDUCING DEVELOPMENT BOND, BOND REDUCTION SWAN LAKE ADDITION (85027) to $31,864. SWAN LAKE ADDITION 85027) Notion carried on a Roll Call vote, five ayes. Item 7-N-1* MOTION was made by Councilmeatber Sisk, seconded by Councilmember RESOLUTION N0. 86-774 Zitur, to adopt RESOLUTION NO. 86-774 REDUCING DEVELOPMENT BOND, On REOWTION MONTGOMERY 2ND ADDITION (85007) to $500. MONTGOMERY 2ND ADDN. 85007) Motion carried on a Roll Call vote, five ayes. Item 7-N-2* NOTION was made by Councilmember Sisk, seconded by Ccuncllmember RESOLUTION N0. 86-775 Zltur, to adopt RESOLUTION N0. 86-775 REDUCING DEVELOFIENT 80NC9 BOND REIDWTIOR THE TEPLEY ADDITION (86078) to $10,599. TEPLEY ADDITION 86078) Motion carried on a Roll Call vote, five ayes. Item 7-N-3• REPORTS OF OFFICERS, 80ARDS AND COMMISSIONS NOTION was made by Counclimember Vaslilou, seconded by Council- RESOLUTION NO. 86-776 member Zltur, to adopt RESOLUTION Moo 86-776 CALLIPC FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF A DEVELOPMENT 013TRICT ESTABLISHING Y.I.F. AND TAX INCREMENT' FINANCING DISTRICT PURSUANT TO MINNESOTA DISTRICT STATUTES CHAPTER 472.A for December 1, 1986 at 7:30 p.,n. Item 8-A Notion carried on a Roll Call vote, five ayes. NOTION Mas made by Councilmember Slsk, seconded by Crbuncllmember ACQUISITION OF VEHICLES Vaslliou, to approve the acquisition of two 4 x 4 Yehlcles for FOR POLICE DEPARTMENT the Police Department. Item 8-8 9 Ibr bet' T7, ,1 i t 312 ftW .8ch eldsr stated his coneeen that, these trucks not be used In pursuit bwause of their instability and that they not. be used In rough terrain In off -the -rad situations« ftUan carried, five ayes. M~r Willis stated the Idea behind this feasibility studir is to develop an approach by which the City could approach Hennepin County and MhDOT in an effort to obtain sore funding levels for construction progras, particularly the Interchange at 1494 and C.R. 6 andurge the County to do soar work on C.R. 61 tree Hlgh- way SS to C.R.. 6. Councilwember Crain suggested the cost be charged agiunst the projects when t", begin and not M.S.A. funds. Manager Willis stated that these costs are recoverable. MOTION was wide by Counclimember Crain, seconded by Councilwo. her Yasillou, to adopt RESOLUTION M. 86477 AUTHORIZING PREPAR- ATION OF FUNDING FEASIBILITY STUDIES, COUNTY ROAD 6 AND 1-494 COUNTY ROAD 610 CITY PROJECT N0. 250. Ibtlon carried on a Roll Call vote, five ayes. The meeting adjourned at 9x40 p.m. FEASIBILITY STUDIES PROJECT No* 250 Item 8-C RESOLUTION NO. 86-777 FUMING WWIE5 PROJECT NO. 250 Item 8-C