HomeMy WebLinkAboutPlanning Commission Minutes 08-13-1996CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
AUGUST 13, 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Tim
Bildsoe, Saundra Spigner, Roger Berkowitz and Jeff
Thompson
MEMBERS ABSENT: Commissioner John Stoebner
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barbara Senness, Senior Planner John Keho,
Planner Shawn Drill, City Engineer Dan Faulkner, and
Clerical Supervisor Denise Hutt
1. CALL TO ORDER: 7:00 p.m.
2. PUBLIC FORUM: Chairman Stulberg stated that this would be the last
Planning Commission for Senior Planner Keho, as he is moving to California.
Chairman Stulberg thanked Senior Planner Keho for his dedication, hard work, and
professionalism. Chairman Stulberg wished him well on behalf of the Commission.
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to recommend
approval of the July 23 and July 30, 1996 Planning Commission Minutes.
Vote. 5 Ayes. (Commissioner Ribbe abstained.)
5. CONSENT AGENDA No items.
6. PUBLIC HEARINGS
A. MARFIELD, BELGARDE, AND YAFFE (96075)
Chairman Stulberg introduced the request by Marfield, Belgarde, and Yaffe for a Land
Use Guide Plan Amendment, Rezoning, Preliminary Plat, Site Plan, Variances, and
Conditional Use Permits for a Home Depot store to be located at the northeast corner of
I-494 and County Road 6.
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August 13, 1996
Page #183
Senior Planner Keho gave an overview of the August 9, 1996 staff report. He noted that
the Landscaping Plan has changed, and the applicant will be required to pay restitution for
445 caliper inches or $44,500. Revised resolutions were handed out (new Condition #12)
regarding the landscaping plan. Condition #11 was changed to reflect the 445.0 calipers.
Condition #18 pertaining to the variance for parking spaces was inadvertently left out.
Commissioner Ribbe asked what the connecting course is between the two ponds. City
Engineer Faulkner responded that nothing connects the two ponds. He explained that part
of the site drains to the north, and part of the site drains to the south. The applicant would
build one pond on their site and enlarge the existing pond on the site owned by Carlson
Companies.
Commissioner Thompson asked what is the hardship for the requested variances. Senior
Planner Keho explained that this particular type of request for a sign variance has been
approved before. The applicant is not increasing the number of signs, just where they are
located. Director Hurlburt added that it is not so much a hardship, but rather a difficulty
with the ordinance. When the ordinance is revised, this issue will be corrected. Senior
Planner Keho stated that the parking issue is not a hardship, but rather a design issue.
Commissioner Berkowitz asked if there is any other CR -2 property available for this
business. Senior Planner Keho indicated the only CR -2 land available for this size of
project would be in northeast Plymouth by Hickory Hills (Nathan Lane and Bass Lake
Road).
Chairman Stulberg introduced Sam Marfleld, the petitioner.
Mr. Marfield introduced Linda Fisher, representing the petitioner.
Ms. Fisher stated that they would like to work further with staff before the item goes to
City Council to continue discussing issues related to the sign variance. She stated that site
is well situated for the proposed use with ample capacity with the existing interchange.
Home Depot has characteristics similar with industrial uses. The City traffic study done
indicated 600 truck trips per day for that use, and is still allowed under the guiding. The
projected traffic can be accommodated with roadway improvements. The applicant has
agreed to all conditions of the resolution, and will be paying for all improvements,
including the three-fourths of the cost of the traffic signal. Ms. Fisher stated that they had
several meetings with staff pertaining to outside storage, and everyone clearly knows the
delineation of what is allowed. Ms. Fisher stated that this Home Depot will be higher -
quality aesthetically than what is required by the ordinance to address staffs' concerns.
Chairman Stulberg introduced Tom Magers, Real Estate Manager for Home Depot.
Mr. Magers stated that they are in agreement with the staff report, except for the sign size,
but will continue working with staff. Mr. Magers indicated that Home Depot consists of
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August 13, 1996
Page #184
sales in home improvement, lawn and garden, and building materials. He stated that
Home Depot has a company -wide culture that the customer is number one. They are also
known for charitable giving within the various communities.
Chairman Stulberg introduced Todd Mosher, Architect for the project.
Mr. Mosher presented the Landscape Plan depicting two customer access points from
Annapolis Lane. There will be two search aisles, one in front of the store and one toward
County Road 6, in front of the two future building pads. The entire parking lot will be
built in one phase. He pointed out the future expansion area consisting of 15,000 square
feet.
Chairman Stulberg asked for clarification of the sign issue. He wanted to know if the
petitioner wanted the Commission to disregard the sign variances until the issues are
worked out with staff. Ms. Fisher replied that they would like action on the variance for
the placement of the three signs, but would discuss the issue of size of the signs further
with staff. If that is not acceptable to the Commission, they would concur to table the
entire issue of the signs.
Chairman Stulberg asked who owns the development rights to the two building pad sites.
Mr. Marfield replied that the entire site would be controlled by Home Depot.
Commissioner Spigner asked for clarification of payment of the traffic light. Ms. Fisher
replied that Condition #14 in the resolution addresses the issue. Carlson Companies will
pay for one-fourth of the traffic signal, while Home Depot will the pay for the remaining
three-fourths of the signal.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Leroy Reinke of 14411 County Road 6.
Mr. Reinke stated that the property has been vacant for some time, and is not a piece of
repressed property that needs to be hurried along for placement on the tax roll. Mr.
Reinke stated that the property would be better served if left as industrial. He stated that
wages for an industrial facility are higher and better benefits than a retail business. Mr.
Reinke stated that he obtained information relating to the number of police calls for Target
Greatland versus Wagner Spray Tech. There are seven times more police calls with a
commercial/retail use than with industrial. Mr. Reinke stated that if approved, the
applicant should be required to dedicate land for an HOV lane. Mr. Reinke stated that the
signs need to comply with the ordinance requirement. He asked how far the lights would
shine from the project.
Chairman Stulberg closed the public hearing.
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August 13, 1996
Page #185
In response to questions Mr. Reinke raised, Senior Planner Keho replied that there are
positives and negatives to the proposed use, but overall there is virtually no other place for
this business to be located in the City. Staff feels it provides a benefit to the community as
a whole. Staff cannot require the applicant to dedicate land for the HOV lane. If the
parking variance is approved, it will not deter the HOV lane, but may change the slope.
Senior Planner Keho stated that the applicant has submitted a lighting plan, and they need
to make some revisions, as there is some spill over which needs to be contained on-site.
City Engineer Faulkner concurred that there will be more traffic with this use versus an
industrial use. The applicant would be required to make the road improvements and the
installation of the traffic signal, which should accommodate the use.
Mr. Magers stated that Home Depot does not monitor loading of vehicles, but does offer
to assist customers with securing their items to their vehicle. Mr. Magers commented that
Home Depot employs high skill level personnel, and is well above the market in terms of
retail wages. Mr. Magers stated that in some locations, Home Depot has hired extra
personnel for monitoring and giving attention to customers.
MOTION by Commissioner Ribbe, seconded by Commissioner Spigner recommending
approval of the Land Use Guide Plan Amendment for Marfield, Belgarde and Yaffe
Companies for property located at the northeast quadrant of County Road 6 and I-494.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
MOTION by Chairman Stulberg, seconded by Commissioner Spigner to recommend
approval of an Ordinance Amending the Zoning Ordinance to classify certain lands located
at the northeast quadrant of County Road 6 and I-494. Roll Call Vote. 6 Ayes.
MOTION carried unanimously.
Commissioner Ribbe asked for direction regarding the proposed sign variance. Chairman
Stulberg stated that he is not comfortable approving a portion of the variance without
seeing the whole sign package. Commissioner Ribbe asked if the Commission approves
one of the sign variances, does the other portion come back before the Commission.
Director Hurlburt explained the various options for the Commission regarding the sign
variances. Ms. Fisher asked what would be the next meeting date that the sign variances
could be acted upon if that portion is tabled. Director Hurlburt replied that it could be
placed on the next meeting agenda. Ms. Fisher requested the Commission to exclude the
sign variance portion of the application.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to table
Conditions #15, 16 and 17 of the approving resolution. Roll Call Vote. 5 Ayes.
MOTION carried on a 5-1 Vote. (Chairman Stulberg voted Nay.)
MOTION by Commissioner Thompson, seconded by Commissioner Spigner to
recommend approval of the Preliminary Plat, Site Plans, and Conditional Use Permit,
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August 13, 1996
Page #186
minus Condition #18, for Marfield, Belgarde and Yaffe Companies for property located at
the northeast quadrant of County Road 6 and I-494.
Commissioner Thompson stated that the applicant has not show any uniqueness to the site
or hardship to warrant a variance, and is not comfortable with approving it. Roll Call
Vote. 6 Ayes. MOTION carried unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Spigner to deny
Condition # 18.
Chairman Stulberg stated he would not vote in favor, as it is warranted. It has no effect
on any surrounding properties, and will not hamper MnDot efforts. He stated that if the
ordinance revisions keep moving along, it will be changed within three months. Director
Hurlburt commented that the ordinance does not prohibit paving, it only prohibits striping
and it is a defect in the current ordinance. Commissioner Thompson stated he can
understand staffs' concern with the ordinance, but the application only meets two of the
five criteria. Director Hurlburt stated that a variance does not need to meet all of the
criteria. An application has to have at least one criteria met. Commissioner Ribbe stated
that he does not see any damage, and will vote against it. Roll Call Vote. 2 Ayes.
MOTION failed on a 2-4 vote. (Commissioners Bildsoe, Ribbe, Berkowitz and Chairman
Stulberg voted Nay).
MOTION by Chairman Stulberg, seconded by Commissioner Bildsoe to leave in
Condition #18. Roll Call Vote. 4 Ayes. MOTION carried on a 4-2 Vote.
Commissioners Thompson and Spigner voted Nay)
B. HUTCHINSON TECHNOLOGY, INC. (96099)
Chairman Stulberg introduced the request by Hutchinson Technology, Inc. for a Planned
Unit Development Final Plan Amendment and Conditional Use Permit to allow two
outside storage tanks for property located at 5905 Trenton Lane North.
Planner Drill gave an overview of the August 7, 1996 staff report.
Commissioner Bildsoe asked if there is any tank storage on site currently. Planner Drill
replied negatively. Commissioner Bildsoe wanted to know if this application requires Fire
Department approval. Planner Drill responded that the applicant would be required to
submit an Emergency Operation Plan before beginning the project.
Commissioner Ribbe asked if the Zoning Ordinance indicates a distance requirement for
this type of use from a residential development. Commissioner Berkowitz voiced his
concerns regarding anhydrous ammonia, as it is very toxic and if released can travel up to
two miles. He stated that the application should have further consideration to ensure
proper installation and operation. The Environmental Protection Agency just released
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August 13, 1996
Page #187
new regulations that could require the applicant to place the storage tanks inside the
facility, additional detection systems, and preparation of an emergency response plan.
Commissioner Berkowitz stated he would like to see the applicant's modeling.
Chairman Stulberg introduced Peter Torresani, representing the petitioner.
Mr. Torresani stated that he concurs with the staff report. He stated that the application
meets O.S.H.A. requirements pertaining to a 200 foot distance from a residential site, as
they would be approximately 500 feet away. Mr. Torresani stated that the application
meets or exceeds all O.S.H.A. requirements. Commissioner Berkowitz asked if they had
done any air dispersion modeling, or developed an accidental release plan. Mr. Torresani
replied that they have not done any modeling, but are developing a plan.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Spigner, seconded by Commissioner Berkowitz to table the
application pending the receipt of air disbursion modeling for a catastrophic situation,
Hazardous Waste Contingency Plan, and an emergency response plan to be coordinated
with the Public Safety Department. Roll Call Vote. 4 Ayes. MOTION carried on a 4-2
vote. (Commissioner Thompson and Chairman Stulberg voted Nay).
C. DANIEL AND CHERYL SCHRADER (96100)
Chairman Stulberg introduced the request by Dan and Cheryl Schrader for Variances to
encroach 12 feet into the required 25 foot front yard setback for a three season porch and
deck for property located at 1429 West Medicine Lake Road.
Planner Drill gave an overview of the July 18, 1996 staff report. Planner Drill noted that
the homes on either side of this site have decks or porches that exceed the setback.
Chairman Stulberg introduced Daniel Schrader, the petitioner.
Mr. Schrader stated that he talked with all his neighbors and no one is opposed to the
request. He indicated that the deck is unsafe and needs to be replaced.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Spigner, seconded by Commissioner Ribbe recommending
approval of a Variance for Daniel and Cheryl Schrader for property located at 1429 West
Medicine Lake Drive. Roll Call Vote. 6 Ayes. MOTION carried unanimously.
Chairman Stulberg called a recess at 9:14 p.m. and reconvened the meeting at 9:35 p.m.
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August 13, 1996
Page #188
D. WELSH COMPANIES (96101)
Chairman Stulberg introduced the request by Welsh Companies for a Site Plan
Amendment and Variance for a parking lot expansion at 14700 28th Avenue North.
Senior Planner Keho gave an overview of the August 9, 1996 staff report.
Chairman Stulberg introduced Stan Hughes, the petitioner.
Mr. Hughes commented that he concurs with the staff report. He stated that 69 to 70
percent of the property sat empty because of inadequate parking.
Chairman Stulberg opened and closed the public hearing as no one was present to speak
on the issue.
MOTION by Commissioner Berkowitz, seconded by Commissioner Bildsoe to
recommend approval of a Site Plan Amendment and Variance for Welsh Companies for
property located at 14700 28th Avenue North. Roll Call Vote. 5 Ayes. MOTION
carried on a 5-1 Vote. (Commissioner Thompson voted Nay).
E. DAVID JOHNSON (96102)
Chairman Stulberg introduced the request by David Johnson for a Variance to allow a
10.5 front yard setback in order to construct a freestanding business sign at Oakwood
Square located at 17435 County Road 6.
Planner Drill gave an overview of the July 17, 1996 staff report.
Commissioner Berkowitz asked if the lot line had always been drawn at an angle. Planner
Drill replied that he did not know the history of the lot, but assumed it was changed when
the County needed a wider turning radius. Commissioner Berkowtiz wanted to know if
there were any other places that have been granted this type of variance. Director
Hurlburt responded that she could not site specifics, but believed there have been some
similar variances granted.
Chairman Stulberg introduced David Johnson, the petitioner.
Mr. Johnson stated that he concurs with staff report. Mr. Johnson stated that the lot has
been angled since at least 1985. He added that if the property line would not have such an
unusual property line, a variance would not be needed.
Chairman Stulberg opened and closed the public hearing as no one was present to speak
on the issue.
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August 13, 1996
Page #189
MOTION by Commissioner Ribbe, seconded by Commissioner Spigner recommending
approval of a Variance for David Johnson for property located at 17435 County Road No.
6 (Herb's Service Center Inc.). Roll Call Vote. 6 Ayes. MOTION carried unanimously.
E. BUHLER, INC. (96104)
Chairman Stulberg introduced the request by Buhler, Inc. for a Site Plan Amendment to
add a security fence, and Conditional Use Permit for outside storage for property located
at 1100 Xenium Lane North.
Planner Drill gave an over of the August 8, 1996 staff report.
Chairman Stulberg introduced Richard Brauch, the petitioner.
Mr. Brauch stated that he concurs with the staff report. He explained that they are
experiencing security problems relating to theft of scrap stainless steel and scrap metal.
He also noted recent safety concerns for children who play in the grove of trees behind the
property. For those reasons, they are requesting the fence.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Tom Hayes of 1270 Sycamore Lane North.
Mr. Hayes complained about the amount of industrial garbage from the site and the night
noise from the facility. He commented that the proposed fence is not conducive to the
trail -like atmosphere bordering the site. Mr. Hayes agreed that safety is an issue on the
site, but the applicant should take this chance to make the site more aesthetically pleasing.
Chairman Stulberg introduced Herb Miller of 1215 Sycamore Lane North.
Mr. Miller stated that he agrees that a fence is needed for security issues and would help
stop blowing debris from the site. He was concerned with the attractiveness of the fence
and did not think that barbed wire is appropriate for the site. Mr. Miller stated that
additional plantings should be placed around the fence far enough away to still ensure
security.
Chairman Stulberg closed the public hearing.
Chairman Stulberg asked if employees have access to all areas of the facility at night
during the hours of operation. Mr. Brauch replied that their operational policy limits noise
after 10:00 p.m. Their hours of operation are from 6:00 a.m. to 2:00 a.m., Monday
through Thursday. He stated that there have been issues of blowing debris, but that it has
been reduced significantly the past few years.
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August 13, 1996
Page #190
Chairman Stulberg asked if Mr. Brauch has looked at adding additional landscaping along
the trail. Mr. Brauch replied negatively. Commissioner Spigner asked if the applicant
would consider additional landscaping. Mr. Brauch replied that it is not in the plan at this
time. Commissioner Spigner asked if the applicant would consider it as being a "good
neighbor". Mr. Brauch replied that this is the first that he has heard of any complaints
regarding landscaping. He stated that the berm is elevated to minimize noise. He added
that he would have to look at the extent of landscaping before he would consider it.
Commissioner Berkowitz asked for an description of the outside storage. Mr. Brauch
explained that the outside storage would consist of six-foot wide, eight -feet high, 15 -feet
long containers that are used for scrap metal and are picked up by contractors.
Commissioner Ribbe asked if it is loaded on a flat bed. Mr. Brauch replied affirmatively.
MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending
approval of a Site Plan Amendment and Conditional Use Permit for Buhler, Inc. for
property located at 1100 Xenium Lane North.
Commissioner Spigner stated that while she agrees there is a need for security, the
applicant should have met with the neighbors to develop a plan to address their issues.
Commissioner Thompson noted his concern with integration of industrial and residential
properties, but felt the Conditional Use Permit standards have been met. Commissioner
Thompson stated that he too is concerned with barbed wire on the fence.
Chairman Stulberg asked when the industrial site was constructed. Mr. Brauch replied
that the industrial site was built in 1977 and the residential properties in 1985. The trail
was put in after 1985. He explained that the trail was put up on a berm to try and limit
some noise to the residential area. Mr. Brauch stated that the fence would contain
blowing trash and alleviate the security issues. Commissioner Spigner stated that while
the fence will help security issues, it will cause aesthetic problems. She stated that she
does not like the proposed barbed wire fencing.
Commissioner Berkowitz asked if the Commission could make any recommendation to
address residential concerns relating to the trail. Chairman Stulberg responded that the
Commission could recommend that staff look into additional trees and plantings along the
trail.
Commissioner Thompson stated that blowing garbage does not fall into a pre-existing use.
He commented that integration between residential and industrial makes for a good
balance.
Roll Call Vote. 5 Ayes. MOTION carried on a 5-1 Vote. (Commissioner Spigner voted
Nay.)
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August 13, 1996
Page #191
MOTION by Commissioner Berkowitz, seconded by Commissioner Ribbe to recommend
that Planning staff, along with the Park and Recreation Department, enter into discussions
with Buher, Inc. concerning trail and landscape issues.
Chairman Stulberg commented that he has a problem with who would be responsible for
taking care of the plantings. He stated it would be more appropriate to request staff work
with Park and Recreation to take a look at City trails in general that abut residential
neighborhoods. Commissioner Bildsoe asked who would be paying for the additional
plantings. Commissioner Spigner commented that the applicant indicated that he may be
willing to look at additional landscaping.
Roll Call Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Thompson,
Spigner and Chairman Stulberg voted Nay.)
7. OLD BUSINESS
A. ZONING ORDINANCE UPDATE.
Planning Supervisor Senness stated that the work groups have been concluded, and the
consultant is now making revisions. The ordinance should be ready to send out to
Commissioners in September as one package.
8. NEW BUSINESS
A. CITY OF PLYMOUTH (96094)
Chairman Stulberg introduced the Public Meeting on the proposed ordinance to provide
for noise source control in residential districts within the City.
Planning Supervisor Senness gave an overview of the August 7, 1996 staff report. The
intent of the meeting is to take comments on the ordinance for possible changes and then
move the ordinance forward to the September 4, 1996 City Council meeting for approval.
Chairman Stulberg asked who is going to police the ordinance. Planning Supervisor
Senness replied that it would be on a complaint basis, and appropriate monitoring
procedures have been established in the ordinance. Chairman Stulberg commented that it
would helpful to go to places that emit noise whether it be constant or impulsive, and have
someone explain the different decibels levels. Planning Supervisor Senness presented a
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August 13, 1996
Page #192
chart showing decibel levels and examples of activities within each level. Chairman
Stulberg noted that according to the proposed ordinance, a person could not make any
noise louder than typing during the nighttime hours. Chairman Stulberg asked where the
noise is measured from. Planning Supervisor Senness replied 50 feet from the property
line of the sound source.
Planning Supervisor Senness stated if there are areas with industrial and residential in
close proximity without berming and landscaping, what may result is the need for
additional screening to reduce the noise level. Commissioner Spigner asked if there is a
loop hole around this ordinance with being able to correct a noise level by changing an
environment. Planning Supervisor Senness explained that there are ways to change and
mitigate by adding fencing or berming. Commissioner Spigner asked how the workhouse
fits into this ordinance. Planning Supervisor Senness replied that the notification map was
generated through the Geographical Information System which indicated
commercial/industrial areas. The workhouse is not zoned as such, but they would be
affected by the ordinance. Commissioner Spigner commented that the workhouse does
have an industrial operation that goes until 8:00 p.m. Planning Supervisor Senness stated
that there are not a lot of semi -trucks that go in and out of the facility. Director Hurlburt
stated that the workhouse facility would be included.
Commissioner Thompson asked why loading docks have been singled out. Planning
Supervisor Senness responded that facilities with loading docks tend to be the areas that
generate the most noise, and the most complaints.
Commissioner Ribbe questioned if vehicles are exempt from the ordinance. Elliott
Knetsch, with the City Attorney's firm, replied that vehicles are excluded because they are
not considered to be a problem. He added that if the Commission wanted to address
vehicles, it could be included in this ordinance, or look at a specific ordinance to deal with
it.
Chairman Stulberg introduced a letter dated August 12, 1996 from Ameridata stating that
adoption of the proposed noise ordinance would discourage them from remaining as a
presence in the community, as they are primarily in the distribution business.
Chairman Stulberg introduced K. Sams of 4310 Rosewood Lane.
Mr. Sams stated that he has two plants that operate in Plymouth that border on residential
property. Their facilities operate 24 hours a day with 80-90 decibels inside the plant and
deal with over 30 trucking companies. To monitor the noise level to abide by the
proposed ordinance would be an operational nightmare. Mr. Sams stated that people
chose to live next to their facilities knowing what they were getting into.
Chairman Stulberg introduced Shelly Olsen of 10380
51st Place North.
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August 13, 1996
Page #193
Ms. Olsen stated that she is a neighbor of Ameridata. She stated that additional loading
docks were added after she built her home in 1992. Ms. Olsen stated that she has the right
to quiet enjoyment of her private property. She has monitored levels of 68 to 72 decibels
from trucks running at the Ameridata facility. Ms. Olsen did not think that the proposed
ordinance covered impulse noises strong enough.
Ms. Olsen presented a letter dated August 13, 1996 from Garry and Perri Frost of 10370
51st
Place North stating that the proposed ordinance is a step in the right direction;
however, it doesn't seem to offer a cure for the situation they are experiencing with
Ameridata. They would still be subject to loading dock noise from 6:00 to 10:00 p.m.
They stated that the solution involves construction of a wall high enough to contain most
of the noise and lights that come from Ameridata.
Chairman Stulberg introduced Jim Olsen of 10380
51st Place North.
Mr. Olsen stated that he is subjected to excessive noise levels from the loading docks at
Ameridata, and they have the right to peace and quiet in a residential area. The way the
ordinance is written now is unclear. He stated that the City hired David Braslau and he
recommended a sound barrier 15 feet in height which would reduce the noise significantly.
Mr. Olsen recommended that the ordinance be changed for more specific clarification. He
proposed that City staff and residents meet with David Braslau to clarify issues. Mr.
Olsen stated that the approximate cost to Ameridata to construct a wall would be
120,000.
Chairman Stulberg cautioned that the ordinance is not designed to target the Ameridata
facility.
Chairman Stulberg introduced Dave Johnson of 17435 County Road 6.
Mr. Johnson stated that while he is sensitive to noises and surrounding neighbors, he is
concerned with the proposed ordinance because of incremental noise. He stated that
according to the decibel levels, ordinary traffic going by is 85 decibels. Technically, under
the proposed ordinance, they wouldn't be able to drive into the station at night. He added
that the proposed ordinance to too restrictive.
Chairman Stulberg stated that incremental noise would be too difficult to monitor.
Chairman Stulberg stated that one of the reasons for the proposed ordinance, is because
there is an issue that is not being addressed under the current ordinance.
Chairman Stulberg introduced Chris Held of 10390 51st Place North.
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August 13, 1996
Page #194
Mr. Held commented that the noise problem the residents are experiencing with Ameridata
is very real and is hard to justify as additional loading docks were added to their facility
after the residents moved in.
Chairman Stulberg introduced Roger Allen, Manager of Olympic Steel.
Mr. Allen stated that generally when an impulse noise is created, it is by accident. The
impulse part of the ordinance scares him. He asked how you regulate impulse noise when
there can be differences of opinion. Chairman Stulberg commented that noises within a
facility are probably okay, it is when noise travels off your property that it can become an
issue.
Chairman Stulberg introduced Greg Katchmark of 3475 Holly Lane North.
Mr. Katchmark commented that the ordinance should not be limited it to just 300 feet, it
should go beyond that. He stated that there are alternatives to keeping noise down that
are a relatively small investments and a one-time expense.
Chairman Stulberg introduced Marsha Videen of 1151 Kingsview Lane North.
Ms. Videen stated that she is annoyed with noise that comes from Jet Skis on Parkers
Lake and thinks the ordinance should address those type of recreational vehicles. Ms.
Videen lives on Parkers Lake and is annoyed with Jet Skis. She asked staff to think about
exempting boat noise.
Chairman Stulberg stated that he is not sure that the proposed ordinance addresses all of
the issues that could be brought up with impulsive noises. He added that if we are going
to put an ordinance in place, we have to have a way to monitor it.
Commissioner Bildsoe commented that this ordinance seems to be similar to the antenna
ordinance in that we need more information to solve this.
Commissioner Thompson stated he would like to see statute reach beyond loading docks
and address stereos, cars, and the like. He would also like to see more of a penalty
beyond being responsible for paying the costs of prosecution.
Commissioner Berkowitz commented that he is concerned with the ordinance. From a
techniques and measurement standpoint it is okay, but we need to look beyond loading
docks.
Director Hurlburt stated that impulsive noise doesn't just deal with loading docks, it deals
with everything. Commissioner Thompson asked how it would be monitored. Director
Hurlburt replied from a repeated impulse noise complaint. Mr. Knetsch, explained that
there are standards for testing and measurements for monitoring.
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August 13, 1996
Page #195
Discussion centered on whether to take any action on the proposed ordinance. It was
decided not to act on the ordinance. They suggested that since so many issues were
raised, staff should evaluate the comments and perhaps get citizens involved in more
discussions.
Mr. Sams asked if the they would be renotified of the issue. Director Hurlburt explained
that the next step would be to place the item on the City Council agenda for sometime in
September. If someone wants to be notified, they should contact Planning Supervisor
Senness. She added that it will be up to the City Council as to whether they will entertain
additional citizen input at their meeting.
MOTION by Commissioner Spigner, seconded by Commissioner Thompson to adjourn.
Meeting was adjourned at 11:19 p.m.