HomeMy WebLinkAboutPlanning Commission Minutes 01-04-1978PLANNING COMMISSION
CITY OF PLYMOUTH, MINNESOTA
January 4, 1978
A regular meetingof the .Plymouth Planning Commission was called to order by Chairman
Davenport at 7:80 p.m., in the Council Chambers of the Public Works Building, 149QQ-23rd'
Aven4l.- North..
MEMBERS PRESENT: Chairman Davenport, Commissioners Erickson, Hoyt, Schneider,
Stewart, Threinen and Vasil'ou
STAFF PRESENT. Charles Dillerud, Kate Marx and Bill Pearson
A-508 Chanes Carlson A--508 Conditional Use Permit
Staff presented petitioner's request for a conditional use permit to operate an
amusement center to include pin -tall p;ootaines and other similar coin-operated games.
As directed by the Comiiission, Staff oad advertised in the official City newspaper
that a public hearing would be held on this item at this meeting. In addition,,
special notice was sent to owners of record of the 24 separate tax parcels east
of Plymouth .Junior High between 34th Avenue North and 36th Avenue North. Mailed
notice also went to the Tiburon, AMLAC, Middle East and Lost Lake Homeowners'
Associations and the City of New Hope.
Mr. Char es Carlson, petitioner, presented to the Commission a statement signed by
the majority of the business owners in the area stating that they would not object
to his operation existing in the area. Mr. Carlson stated that he did not contact
J's" Pizza in that they have a competitive operation and that he was unable to reach
the owner of the pet hospital in the area.
In addition, petitioner stated that he had. reconsidered the age rule for his establish-
ment --he would now require the people entering to be 16 years of age; and, further,
that he would not allow smoking of any sort in his establishment if he was allowed to
reopen.
CommissionerThreinen a4jestioned whether any of the games in petitioner's establishment
had a "pay-off." Mr. ,'arizon stated that they did not.
Commissioner Threinen also asked petitioner to review his security system for the
business. Mr. Carlson stated that there would be two people on duty at all times,
one on the Onside of the building and one monitoring the parking lot and the outside
of the structure. He indicated that approximately one-third of his partons had come by
car and that approximately ten cars were in the parking lot at any one time. Several
patrons would walk to thy- establishment and several would ride bicycles.
PLANNING COMMISSION 14EETINO MINUTES -2- uanuary 4, 1M
Commissioner Threinen asked what the peak hours of the operation world be Mr.
Carlson responded, that between 7-9.30 p.m. was his peak time each evening. Mr.
Carlson added that the afternoon business was always slow. He state1 that he would
Consider not opening until the evening hours if allowed to reopen his operation at
this location.
The Commission questioned Mr. Carlson with respect to the police report and asked him
to explain the circumstances. Mr. Carlson did so in detail.
Chairman Davenport opened the hearing to comments and questions from members of the
audience:
John Wire, 4130 Quaker Lane, asked the fnllowing questicns about the operation: 1)
Mw many machines would be on the site; 2) Would the number of peop'? allowed in the
facility be limited in any way; 31 How would smokers and/or troublemakers be handled.
Mr. Carlson responded that there would be between 24-25 'machines within the establish-
nrent. The number of people allowed in the structure'at any one time would be 40 per
the Chief Building Official of the City. sir. Carlson stated that the people smoking
in the establishment would be asked to leave. If they did not leave, the people on
duty would ;call the police to aide them if trouble started. Mr. Carlson. added that
95% of the kids in his operation were "good" kids who had no intention ofcausing
any trouble. Also, as to the age of his patrons,- he estfirated that 60% of them were
over 16 years of age
Mr. Wire staged ttrat, as a homeowner in the area, he felt that an establishment of
this Type would only increase the amount of police service the City would need to
proviie for the area in terms of loitering and drug trafficking. In than light,
he urgbd the Commission to Berry the petition of Mr. Carlson.
Tom $Wanous, 4015 Trc ntorr Lane, stated that he did not feel this type of operation would
be at attribute to the neighborhood. He stated that he would not allow his children
to patronize such an establishment.
Charles Leininger, 3501 -62nd Avenue North, stated that he had severalestablishments
similar to the one being proposed by Mr. Carlson; however, his operations were larger
than that proposed by Mr. Carlson. He stated that kids did not buy drugs in his establish-
ment, that. he ,had a good relationship with the kids and the City officials in the area
and that he felt Mr: Carlson's operation could be run in the same manner. Mr. Leininger
stated that he felt a person would not make such an investment in land, structure and
equipment and petition for a conditional use permit and then take a 'chance at losing
the establishment by not running the operation properly.
Chairman Davenport asked, Mr. Leininger where his operation was located. He stated
that his main operation was in Hopkins but that he also had one in. Brooklyn Park.: He
added that he had been in the "amusement center" business for 10 months and that he
had been in the vending machine business for five years.
Chairman Davenport asked if Mr. Leininger had, at any time, had any police,problems.
1 He stated that the only incident was one in which they, the establishment owners, had
arrested a kid for selling drugs, They .suspected him and worked with the police to
arrest him,
Commissioner Stewart .asked Mr. Leininger if he felt that Mr. Carlson's location would
PLANNING COMMISSION MEETING MINUTES 3- January 4, 1978
Tend itself more to loitering than his own operation. Mr.; Leininger stated that he
felt his own .establishment was more susceptible to loitering due to its location in
downtown Hopkins,
Commissioner Schneider asked Mr. Leininger if the City of Hopkins had placed any
conditions upon their approval of a conditional use permit for the amusement center
operation. Mr, Leininger stated that they had not, other than a one-year time period.
Tom Berg, 3820 Trenton Lane, President of the Middle East Homeowners' Association,
stated that it was difficult to make a statement in favor or against the petitioner's
request. He added that the main theme of the petition seemed to be "problems" from
one source or another, yet the use did appear to have redeeming qualities. Mr. Berg
stated that the location of this establishment between schools; was perhaps not a good
location
Commissioner Threinen asked Mr.. Berg if he was aware that "J's" Pizza had a similar
operation on a smaller scale already existing in the area. Mr. Berg stated that he
was and that he felt this, too, was .a problem area.
Wayne Reynolds, 2405 Merrimac Lane, stated that he would like to see such an establish-
ment within the City of Plymouth. He added that he knew Mr. Carlson personally and
felt that he would be a concerned individual who would run his establishment properly.
Ron Alger, 5140 W, 96th Street, stated that he had done business with Mr. Carlson
and to continue doing business with Mr. Carlson as he felt he was a man
of integrity. He stated. that he felt Mr. Carlson would be the type of individual
to run such a business properly.
Mr. Alger added that he, too, was in the amusement center business; he was the proprietor
of the Electric Light Fair in ,he City of Bloomington. He stated that the operation
he controls is run in such a way that the kids who are there are the type of kids
who will Help to police the establishment on their own. Mr. Alger further stated that
they had had no complaints from their neighbors nor from the citizens in general about
the establishment. As a parent of teenaged children, Mr; Alger added 1.nat he preferred
his children to be in places where there was adult supervision as opposed to no super-
vision at al:.
Commissioner Schneider asked Mr, Alger if the City of Bloomington had required a.
conditional use ,permit for him to operate his establishment. Mr. Alger responded that
his use was allowed "by right" within the zoning district in which he was located,
Ctiniissioner Threinen asked Mr. Alger what percentage of the patrons of his establish-
ment ,vere 18 .years old or older. Mr.. Alger responded that over 50% were over 18 years
old. Commissioner Threinen also asked what his operating hours were. Mr. Alger
stated that he opened at 2;30 p.m. in order to avoid any conflict with the schools and
closed at 17 p.m. on weekdays:, and at 12 midnight on weekends.
Bob Scribner, 2015 Lancaster Lane, President of the AMLAC homeowners" association, stated
that the main concern of the residents in the association was that they wanted some
sort of entertainment center for the children in the. City; however, simply having
machines available was not sufficient. Mr. Scribner stated that he personally had
been to the Hopkins center run by Mr. Leininger, but that he felt there was a difference
between what Mr. Leininger was doing and the manner in which Mr. rarlson's operation
PLANNING COMMISSION MEETING MINUTES -4- January 4, 1978
was doing business while it had been open in the past,
MaU Ann El fering, 1642 Melrose Avenue, suggested that at least a trial period could'
be granted Mr, Carlson in which to prove that he was capable of controlling the opera-
tion as he represented,
Commissioner Stewart asked Mr. Carlson if he would suffer a great financial loss if
the center were not allowed to opeste or, permit,, pfranted. the er were `d.
Mr.. Carlson stated that he would, have to sell'
themachin7f
it v closeesforaloss.
Mr. Carlson added that he intended to do his own repair work, when possible, from this
site, that this would be his headquarters for all his machines. His repair opera-
tion amounted to a box of tools and occasionally a few replacement parts being stored
on site. He pointed out that once in awhile -it was necessary to send the machines
back to the distributor for repair.
Commissioner Stewart asked Mr. Carlson how long he had been in business. Mr. Carlson
stated that he .had been in business for four years.
Commissioner Hoyt questioned Mr. Carlson as to how many other locations he was currently
operating in with game machines. Thr. Carlson stated that he had four other locations
in which he rented games to proprietors, however, he did not actually run the other
businesses.
Chairman Davenport closed the palm: hearing at 9:00 p.m.
MOTION was made by Eommissionev Stewart supported by Commissioner Erickson that the
Planning Commission Lake action on this item at this meeting.
MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED
A-786 Harvey Schiebe A-786 Preliminary Plat and Rezoning
Staff presented ,petitioner's request for preliminary plat and rezoning from R -O (Open
Resi'd'ential.) to B-1 (Limited Business) for property located south of Highway 55 at
l orestview Lane. Staff pointedout the following concerns with regard to design
of the plat proposed 1) the south half of iorestview Lane cul-de-sac was not located
totally within the property bounded by the plat; 2) 0t 3, Block 2 was long and narrow
with no public street frontage available for a future division; 3) Lot 1 Block l was
of varied topographic character, one-third low and two-thirds high and wooded. Also,
the westerly two-thirds of the lot was guided LA -1; -and 4) no General Development Plan
had been presented by petitioner concurrent with the zoning action requested.
Mr. Schiebe stated that an adjacent business, Honeywell, was potentially interested
in purchasing a portion of Lot 1, Block 1 to maintain a buffer between the existing`
residential neighborhood and their existing structure, The Commission discussed this
in greater detail with petitioner.'
PLANNING COf4MISSION'MEETING MINUTES -5- January 4, 1978
With respect to a portion of the proposed cul-de-sac bei°ng located outside of the
boundaries of the plat, Mr. Schiebe stated that he was expecting a letter from the
owner of the property indicating no objection to the remainder of the cul-de-sac
being on. their property. A copy would be forwarded to the City.
Bud Manders, 1120 Kirkwood Lane, stated that he was against the commercial develop-
mcnt being so close to the existing residential properties,
Georgina Friedman, 1010 Ives Lane, stated that she, too, opposed the development of
any additional property as commercial so close to the existing residential homes.
Co,vissic,*r Threinen questioned what uses, if any, were planned for the lots.
Mr. Schiebe stated that an optical equipment firm was planned for Lot 1, Block 2 along
with several related uses; to, the optical equipment firm.
Mrs Kardashian, 1015 Ines Lane, questioned why industrial would be allowed to be
so close to the residences in the area. She stated that she did not feel this was
appropriate. Chairman Davenport explained the difference between industrial uses and
the 5-1 limited business zone proposed by petitioner.
Gary Nammerbeck, 1010 Kirkwood Lane, staged that he strongly objected to any industry
being allowed adjacent to the existing residences.
rCarol' Albrecht, 4545 North Shore Drive, Mound,, one of the owners of the property pro-
posed for development, stated that several years ago, there were public; hearings held
on the eventual use of this property and that at that time the use was established
to be of a commercial limited nature. She added that she felt the people objecting
to the commercial limited use at this time were 'too late with their concerns.:
Chairman Davenport closed the public hearing at 9:50 p.m.
MOTION was made by Commissioner Threinen supported by Commissioner Stewart that
the Planning Commission tape action on this item at this meeting.
MOTION CARRIED (7-0-0) (All in favor) MOTION CARRIED
Chairman Davenport declared a recess at 10:00 p.m.; the meeting was reconvened at
10:05 P.M.
A-508 Charles Carlson A-508 Conditional Use Permit
MOTION was w,4.'by Commissioner Stewart supported by Commissioner Threinen that the
Planning CciViission make the following recommendation to the City Council:;
That the request of Charles Carlson tc operate an amusement center in a B-3
zone, specifically "Fun and Games" at 3425 County Road 18 N. be approved
subject to the following conditions;
PLANNING COMPII5SION MEETING MINUTES January 4, 1978
I. Compliance with all applicable construction codes and ordinances prior
to opening for business
2. Submission of a site plan to include paving ofparking meas, setback
landscaping and structure signage. Said plan to be submitted within
30 days of conditional use permit approval and executed within 210
days.
3. No smoking be allowed on the site,
4. Patrons must be 16 years, of ago: or older.
5. Permit shall be for six months,
Commissioner Stewart stated that he feltpetitionershould be allowed a chance to
prove that his operation would be a good one and of benefit to the City. Six months:
would be an adequate time period in which to judge. The reason for the seven-month
period for landscaping would be to allow petitionor the opportunity, if the business
should not be successful, to not make a substantial financial investment in the property.
It was made clear to Mr,. Carlson by the Commission that financial considerations
would not be allowed at the time of permit renewal requests. Mr. Carlson .stated that
he understood.
MOTION TO AMEND was made by Commissioner Schneider supported by Commissioner Stewart
to add the following condition:
Operating hours of the amusement center shall be:
Monday through Thursday 6:00 p.m, to 10:00 p.m.
Friday 6:00 p.m. to 12:00 Midnight
Saturday 12:00 Noon to 12:00 Midnight
Sunday 1:2:00 Noon to I0:00 p.m.
MOTION TO AMEND CARRIED (7-0-0) (All in favor) MOTION TO AMEND CARRIED
MOTION TO AMEND was made by Commissioner Schneider, supported by Commissioner Stewart
to add the following condition,: "No more than 40 persons be allowed in the building
at one time."
MOTION TO AMEND CARRIED (7-0-rt0) (All in favor) MOTION TO AMEND CARRIED
The Commission then voted on the main motion as twine amended.
MOTION CARRIED (7-0-0) (All in favor) MOTION :CARRIED
PLANNING COMMISSION MEETING MINUTES -7 January 4, 1918
A-786 Harvey Schiebe A-786 Preliminary Plat and Rezoning
MOTION TO DEFER was made by Commissioner Threi;nen supported by Commissioner Schneider
any further action on the .request of Harvey Schiebe for preliminary plat and :rezoningfromR -O `Open Residential) to B-1 (Limited Business) for property located south of
Highway 69 at Forestview Lane subject to the following redesign considerations and
concerns
1 Redesign of the westerly two-thirds of Lot 1, Block 1 to provide single family
residential platting for that portion guided LA -1 (Low Density Residential).
2. Redesign of Lot 2, Block 2 in such a; manner as to make it deeper (Ny-S) thereby
providing greater frontage per unit area..
S. Receipt of a letter from the property owner to eche south indicating approval of
the cul-de-sac location on a portion of that owner's property.
It was pointed out to petitioner that rezoning had not been, and would not be, granted
until General Development Plans were presented for each of the Iots. Petitioner stated
that he understood this provision of the ordinance,
MOTION TO DEFER CARRIED (7-0-0) (All in favor) MOTION TO DEFER CARRIED
A-787 _Rambo Logan Associates A-787 Site Plan
Staff presented petitioner's request for site plan approval of a proposed p,ofessional
office building of 1E,779 sq. ft. to be located at the end of Empire Lane at approxi-
mately 315t Avenue North (extended). Staff indicated the following items of note; 1)
petitioner had drawn the site plan assuming the north exposure to be the rear yard,
not the east exposure as would be presumed by the lot configuration; 2) adjustment of
the site plan could be accomplished to avoid the implied side yard parking variance,
and,3) as with the adjacent Perkins site, the proposed structure would be located
within the powerline easement paralleling 1-494. A recommendation for approval was
proposed by Staff subject to the conditions as listed in the Staff report of December 28,
1977,
Commissioner Th'reinen questioned what heiigl NSP would allow for the structure due
to the l ouati on: of the powerline. Clark W- bo, petit ,'.,ter, indicated that the eleva-
tion
leva-
tion varied but that the highest point was an elevation of 990 ft. The variation
of the elevation allowed was due to the curvature of the powerline over the property.
MOTION was made by Commissioner Erickson, supported by Commissioner Threinen that
the Planning Commission make the following recommendation to the City Council
That the request of Rambo Logan Associates for site plan approval of a professional'
r
PLANNING COMMISSION MEETING MINUTES -8- January 4, 1978
office building to be located at the end of Empire Lane at approximately 31st
Avenue North (extended) per plans dated December 27, 1977 be approved subject
to the following conditions:
1. Redesign to eliminate the parking setback variance on the northeast corner
of the site.
2. Compliance with the provisions of the City Engineer's [memorandum on thin
project,
3. Payment of $570 Park Dedication fees -in -lieu.
4. Provision of site plan performance security per Zoning Ordinance requirements
for a period of 18 months.
5. Completion of lot division actions to create this parcel.
6. Outside storage of waste, waste containers and garbage shall be prohibited..
MOTION CARRIED (7-0-0)
A-528 Mendota, Inc. A-528
All in favor) MOTION CARRIED
k:ot Division of Unplatted
Property
Staff presented the request of John Parsinen, representing Mendota, Tnc., for lot
division of unplatted property located in the southeast quadrant of I-494 and County
Road 10. A recommendation.for approval was propolsed by Staff subject to the conditions
as listed in the Staff report of December 28 1977,
Commissioner Erickson questioned whether the City had acquired all the right-of-way
necessary for County Road 10 in this area. Staff indicated that this had been done
previously.
Commissioner Threinen asked Mr. Parsinen if he had any objection to the condition
proposed for the approval of combining the parcel to be divided with the parcel
adjacent to the east.. Mr. Parsinen stated that there was no objection to this condition.
MOTION was made by Commissioner Schneider supported by Commissioner Threinen that the
Planning Commission make the following recommendation to the City Council:
That the request of Mendota, Inc. for approval of a lot division of unplatted
property in the southeast quadrant of I-494 and County Road 10 be approved per
the petition of December 21, 1977 subject to the following condition;
PLANNING COWISSION MEETING MINUTES -g- January g, 1978
Parcel A be concurrently combined wits Mat 43702, Parcel 5800 to the east.
MOTION CARRIED (7-0_0) (411 in favor) MOTION CARRIED
1977-78 Comprehensive Plaq_Ur)datja
Staff explained: to the ComnissiDn that the 1977-78 Comprehensive Plan Update called
for a "Service or Design Stsnda:rl'S component to be completed in its first phase.
It was requested of the Comnission that they choose three communities suitable for
comparison to Plymouth for this component of the project. In a flt on, two substitutes
were .also requested,
The Comission discussed the matter in detail with Staff as to which cities it) the
metropolitan area would be comparable to Plymouth at various points of development.
MOTION was made by Commissioner Stewart supported by Commissioner Erickson that the
Planning Commission make the following recommendation to the City Council:
That the following cities be chosen for comparison standards for the Service or
Design Standards component of the 1977-78 Comprehensive Plan Update.
Bloomington
Burn:,vi l l e
Roseville
Further, that the following cities be chosen as substitutes
Edina
New Hope
MOTION CARRIED (7-0--0) (All in favor) MOTION CARRIED
Community Development Revenue Sharing Funding --Year IV
The Commission Continued its discussion of the Community Development Revenue Sharing
funding for Year IV from the December 21 1977 meeting as to allocation for projects..
MOTION was made by Commissioner Threinen supported by Comissiouer Hoyt that the
Planning Commission make the following recommendation to the City Council:
That the Community Development Revenue Shering Funding for Year IV be allocated
according to the following project priorities:
PLANNING COMMISSION MEETING MINUTES 10- January 4, 1978
1 Compre'h.,^nsi've P1 anxi ng
2. Direct Benefit to Families of Low and Moderate Income --Rehabilitation Grants
and/or Land Cost Write-down
3, handicap Barriers in Public and Private Buildings
C
MOTION CARRIED (7-D-0) All in favor) MOTION CARRIED
MOTION TO ADJOURN was made by Commissioner Threinen supported by Commissioner Stewart.
Chairman Davenport adjourned the meeting at 11:30 p.m.
APPROVED BY PLANNING COMMISSION February 1, 197$`
David J. Davenport, Chairman
Plymouth Planning Commission
1
Charles E. Dillerud, Secretary