HomeMy WebLinkAboutCity Council Minutes 11-17-19861
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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
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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
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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.
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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.
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TUM was made by QxmIUmftr Sisk, seconded by Counallmember
Cralno to table the matter until the meeting of November 249
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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
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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
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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.
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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