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HomeMy WebLinkAboutCouncil Information Memorandum 02-04-1988CITY COUNCIL INFORMATIONAL MEMORANDUM February 4, 1988 UPCOMING MEETINGS AND EVENTS..... 1. PLYMOUTH FORUM - Monday, February 8, 7:00 p.m. Plymouth Forum in the City Council conference room. Z COUNCIL MEETING -- Monday, February 8, 7:30 p.m. Special City Council meeting in the City Council chambers. 3. BOARD OF ZONING -- Tuesday, February 9, 7:30 p.m. The Board of Zoning Adjustments and Appeals will meet in the City Council chambers. Agenda attached. (M-3) 4. PLANNING COMMISSION -- Wednesday, February 10. The Planning Commission Forum will begin at 7:15 p.m., with the regular Planning Copmission meeting following at 7:30 p.m, in the City Council chambers. Agenda attached. (M-4) 5. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday, February 10, 7:30 a.m. The Plymouth Development Council will meet in the City Council conference room. A copy of the meeting notice/agenda is attached. (M-5) 6. PARK AND RECREATION ADVISORY COMMISSION -- Thursday, February 11, 7:00 p.m. The Park and Recreation Advisory Commission will meet in the City Council chambers. Agenda attached. (M-6) 7. LEAGUE OF CITIES LEGISLATIVE CONFERENCE -- Tuesday, February 16, St. Paul Radisson Hotel. A copy of the conference program is attached. A reception for legislators and state officials will follow the conference at 5:30 p.m. (M-7) 8. FEBRUARY & MARCH MEETING CALENDARS -- Meeting calendars for February and March are attached. M-8 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM February 4, 1988 Page 2 FOR YOUR INFORMATION... 1. MINUTES: a. Planning Commission, January 27, 1987 (I -1a) 2. CORRESPONDENCE RESPONDING TO CORPS OF ENGINEERS PUBLIC NOTICE ON CITY LANDFILL PERRIT REQUEST -- The attached correspondence has een forwarded to us from the Corps of Engineers as a result of their public notice on the City's application for landfill permit. (I-2) 3. GEESE -- Dave Crain forwarded a copy of the attached New York Times article on the overpopulation of Canadian geese in the Twin Cities area. (I-3) 4. CORRESPONDENCE: a. Letter to Shari French, 3600 Ximinies Lane, from Mayor Schneider, responding to her complaint about snowmobilers. (I-4 a) b. Letter to Paul Jarzembinski, 3760 Pilgrim Lane, from Mayor Schneider, addressing Mr. Jarzembinski's concerns with respect to a City employee's operation of a front end loader to clear snow along the Pilgrim Lane sidewalk. (I -4b) c. Letter to Randy Nord, President, Kingsview Heights Homeowners Association, from Mayor Schneider, providing answers and background information to questions raised at a recent HOA meeting the Mayor attended. (I -4c) d. Letter from Mary Moreira, 3048 Kyle Avenue No., Golden Valley, to Mayor Schneider, with regard to a parking citation she received at the Holiday Plus store. (I -4d) e. Letter to Mayor Schneider, from Ery Lichten, Past President, Minneapolis Glass Company, concerning construction of a stair rail at the new Advance Machine office and warehouse building in Plymouth. Memorandums from Blair Tremere and Joe Ryan responding to Mr. Lichten's letter are also attached. The background information referenced in the memorandums is on file in Blair's office for Council review if desired. (I -4e) f. Note of appreciation to Plymouth Police Investigator Bill Hanvik. (I -4f) g. Letter to Merrilee Riley from Jerry Sisk, in response to her January 27 letter. (I -4g) CITY COUNCIL INFORMATIONAL MEMORANDUM February 4, 1988 Page 3 h. Letter to Jerry Jensen, Lyndale Terminal Company, from Frank Boyles, concerning resident complaints about snowplowing at the Plymouth Holiday Plus store. (1-4h) i. Letter from Glenn C. Olson, Metropolitan Transit Commissioner, giving a brief report on the MTC's work activity. (I -4i) James G. Willis City Manager JGW:Jm attachments AGENDA Board of Zoning Adjustments and Appeals Tuesday, February 9, 1988 Plymouth Blvd. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. NEW BUSINESS WHERE: Plymouth City Center Council Chambers 3400 Plymouth, MN 7:30 P.M. January 12, 1988 A. Earl Hanke. Variances from the front yard setback for property located at 11710 28th Avenue North. (02-01-88). B. Nick Boosalis. Variance from the maximum size of freestanding signs for property located at 11040 State Highway 55. (12-03-87). 5. OTHER BUSINESS b. ADJOURNMENT PLANNING COMI'lISSION MEETING AGENDA WEDNESDAY, FEBRUARY 10, 1985 WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MIJ 55447 C011SENT AGEtADA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda arid considered in normal sequence on the agenda. PUBLIC FORUM 1. CALL TO ORDER 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS 7:15 P.M. 7:30 P.M. January 27, 1955 A. Danial and Dee Mertes. Planned Unit Development Amendment and Lot Division to create one additional lot within the Mission Hills Park 8th Addition at 11400 42nd Avenue North (87129) 6. NEW BUSINESS None 7. OLD BUSINESS A. Al Hamel, Gaughan Companies. Rezoning, Preliminary Plat, Site plan and Conditional Use Permit to create 66 lots for 35 multi -family units, 55 townhome units, and 62 coach home units on property located southeast of I-494 and Countv Road 9 (57067) 8. OTHER BUSINESS - DISCUSSION ITEMS: 1. Ordinance standard for parking for retail uses and shopping centers. 2. Community -Based Residential Care Facilities Study 3. Date and Locations for Bus Tour of the City. 9. ADJOURNMENT 9:30 P.M. CITY OF PL-YMOUTH 3400 PLYMOUTH BLVD_ PLYMOUTH. MINNESOTA 554:7 TELEPHONE (612) 559-2800 MEMO DATE: January 27, 1955 TO: Plymouth Development Councilmembers FROM: Bob Burger, President SUBJECT FEBRUARY 10 MEETING The next meeting of the Plymouth Development Council will be held on Wednesday morning, February 10 at 7:30 a.m. in the Plymouth City Center Council Conference Room. The following items are scheduled for discussion. You may wish to bring up other items as well: I. Final report on asthetic standards recommendations. II. Final report on fire sprinkler/fire lane ordinance amendments. 111. Final report on engineering guideline revisions for street construction. 1�. Fee revisions: A. Park dedication fees. B. Sewer and water area charges. V. Staffing changes. V1. Other business. I hope to see you at the meeting! BB:kec cc: James G. Willis, City Manager Blair Tremere, Director of Planninq & Community Development Fred Moore, Director of Public Works Joe Ryan, Building Official Dick Carlquist, Public Safety Director Frank Boyles, Assistant City Manager S.F. 2/9/88 MINUTES PLYMOUTH DEVELOPMENT COUNCIL October 2S, 195; PRESE14 Peter Pflaum, Lundgren Brothers Construction Company ; Greg Frank, McCombs -Knutson, Marlin Grant, Marvin Anderson Construction Co.; Fred Haas, Marvin Anderson Construction Co.; Sherm Goldberg, consulting engineer; Don Myron, Don Myron Realty; Bob Burger, Burger Development Group; Fran Hagen, Westwood Planning b Engineering; and Citv Staff Members, Blair Tremere, John Sweeney, Ray Anderson, and Scott McLellan I. FOLLOW UP ON ZONING ORDINANCE AMENDMENTS -- Blair Tremere explained the recent building ordinance amendments regardinq waste facilities which are now classified as a conditional use in the Planned Industrial Zoninq District. He said there were some additional future items identified by the City Council and Planning Commission which were largely housekeeping items and the Development Council would be kept informed as those were considered at a public hearing. He reviewed the ordinance amendments approved earlier this year which provide for a limited amount of administrative approval of certain non-residential development plans. Bob Burger suggested that interested parties should become familiar with the ordinance requirements so that they can take advantage of this streamlined review process. Ii. ARCHITECTURAL REVIE4 TASK FORCE REPORT -- Bob Burger reported that the task force appointed by the City Council had completed its work, and had communicated its findings to the Planning Commission. He distributed the October 22, 1987 transmittal letter. Blair Tremere reviewed the letter and the findings of the task force. He said the Planning Commission will be considering it at their October 28 meeting and will then determine whether to have a public hearing or whether to just discuss it at a future study meeting. Bob Burger stated that he and two other developers had been involved with the task force and he asked that the Development Council take action to endorse the process as completed so far. There was a MOTION by Peter Pflaum, seconded by Don Myron, to endorse the report as contained in the October 22, 1967 transmittal letter regarding the findings of the Building Aesthetic Task Force. The motion passed unanimously. III. STATUS REPORT ON BUILDING INSPECTION AND PERMIT ISSUANCE TURN AROUND TIME -- Bob Burger reiterated that the building plan review time had been cut substantially, and that the Building Inspection Department had additional manpower to facilitate the response time for inspections. Assistant Build- ing Official Scott McLellan explained the procedure and lists now used for both plan checking and for determining when work is ready for inspection. He said the plan check time, particularly for residential plans, had been substantially reduced and rarely took longer than five days. He described the process including the screening of those applications which are not in order. Priority is given to those plans "hick are in order. PLYMOUTH DEVELOPMENT COUNCIL October 26, 1987 Page two He explained that the ne,6 field inspecto. substantially since noir there are two field sibility is residential inspection, while for non-residential work. Coverage of the r had reduced tht response time inspectors whose primar,, respon- another is primaril\ responsible cite is much improved. Fred Haas stated that there were some instances with their firm, where they had to wait for footing inspections sometimes up to two days. Scott McLellan stated that Fred should let him or Joe Ryan know when that occurs since the response time generally has been much shorter. Blair Tremere advised that the builders can help at that stage by calling the city before the concrete for the footings is scheduled. The city standard has been and now is, a twenty-four hour response time for virtually all inspections. IV. PROPOSED CHANGES TO ENGINEERING GUIDELINES FOR STREET CONSTRUCTION REQUIREMENTS -- Bob Burger referred to the materials attached to the agenda, namely the October 12, 1987 memorandum from Public Works Director Fred Moore. The sheet, "Recommended changes to present City Engineering Guide- lines" dated October 9, 1987 was reviewed in detail. John Sweeney explained that the City had hired a consultant who had recently completed a pavement management study relative to the City streets. He reviewed the findings of the study which served as a basis for the recommendations for changing the engineering guidelines. Extensive discussion ensued. Bob Burger expressed concern that the changes would result in additional expenses. Sherm Goldberg stated that the first recommendation regarding tests should not be a problem since that normally is done now and does not represent a major additional expense. Greg Frank stated, however, that his concern is with the proposal for addi- tional three feet granular material and the requirement that provisions be made so that house drainage systems tie into the street drainage system. He said that that would be very expensive and could be problematical later on. Sherm Goldberg said that he considered the qranular fill requirement to exceed normal requirements including those of MnDOT. Further discussion ensued, particularly regarding the recommendations on storm drainage. Fran Hagen expressed concern with long term and indiscriminate use of the policy particularly as to requirements for granular materials. Sohn Sweeney clarified the difference between the findings of the consultant's report and the engineer's recommendations. Greg Frank reiterated his concerns about the three foot granular material standard. Peter Pflaum said that more time was needed for the Development Council to review this and that the City Council should be asked to table the item. PLYMOUTH DEVELOW� ENT COUNCIL _ October 28, 1957 Page three Bob Buraer stated that someone should represent the Development Council at the Citv Council meeting on Hondd� , Novemer 2. Peter Pflaum said that there are some- evidence o` substantial cost impacts with this policy and that the cit\- should also be concerned about possible liability problem with houses tied into the system and there are back ups in the storm sewer system. Fran Hagen inquired whether the City realizes the potential costs which might be involved with city projects. Bob Burger commented that there might be long term maintenance problems, especially with the drainage system and tie-in's to homes. Fran Hagen agreed and said that there might even be lona term concerns about rodents who could nest in a storm drainage system. Marlin Grant asked whether this policy format had been adopted in other communities; Sherm Goldberq stated that most cities have a policy with such standards that can be implemented where they are necessary, i.e., the standards are not adopted across the board. Greg Frank inquired whether the study included age of street, and John Sweeney acknowledged that it did. Greg Frank stated that it is important to account for the expected life of street. Sherm Goldberg explained the back- ground which lead to the report. Bob Burqer concluded that while the recommendation regarding testing is not a major concern, there are concerns with the other three items. MOTION by Bob Burger, seconded by Marlin Grant, to recommend to the City Council that action on the recommended changes to the Engineering Guidelines be deferred, because of the broad implications of the policy and the potential economic affect; the purpose of the deferral is so that the Development Council can review the report and present a formal response at a later date. The Development Council concludes that full analysis of the proposed changes is extremely- important to the orderly development of the city. The motion passed unanimously. Bob Burger appointed a subcommittee consisting Sherm Goldberg, and himself, to coordinate the changes. He said the purpose of the review problem really is and how it can be effectively V. OTHER BUSINESS of Fran Hagen, Greg Frank, review of the recommended is to determine where the solved. Bob Burger stated that he continues to have concerns with the city lot coverage requirement of 20% maximum for, all structures including decks. Marlin Grant commented that 20% seems too little. Bob Burger agreed, but stated the City had thoroughly reviewed this on several occasions and had PLYMOUTH DEYELOPMLNT COt1N It October 28, 1987 Page four concluded teat the 20% was ar, appropriate standard, tiariances, however, have not been granted regularly and adjustments to Planned Unit Development Plan are not eas\. He said that the standard tends to conflict with market conditions where people do seek to have larger homes. He recounted the history of the standard, noting that it was based upon the city's tvpical minimum lot size of 18,500 sq. ft. (still the city conventional standard). This preceded planned unit developments with smaller lots. Fran Hagen recalled, however, that the City at one time had political problems in allowing lots significantly smaller than 18,500 sq. ft. and that today, one can find lots which are smaller. He suggested that the 20% standard played a part in developing community acceptance of the smaller lots. Bob Burger stated that the real problem is includinq decks and covered patios. He suggested that the Development Council pursue this again with the City. Blair Tremere responsed to a question from Bob Burger, stating that the Development Council should draft its concern citing specific instances and providing research so that the Planning Commission and Council can see what alternatives there might be. He said that it's conceivable that one option would be no standard, but that is not likely. While the 20% figure might seem arbitrary, it does represent the standard that is reflected in the physical layout of the residential neighborhoods. Bob Burqer commented that ordinances and requirements from other cities would be helpful and Blair Tremere responded that perhaps developers who work in other cities could get a copy of those requirements so they could be analyzed. Blair Tremere also recalled that th"e City Council had been firm in its find- ing the last time this was discussed, and that a sound case needs to be developed before concerns are identified as a major issue which does not have a solution. Bob Burger said that he may appoint a subcommittee to coordinate this and it would be helpful for city staff to identify the number of times residents come back to get permits for decks or patios after the home is built. Marlin Grant indicated that the Minnesota Homebuilders are reviewing ordinances of a number of communities and that this could be one of the items they would check for. In other business, Bob Burger stated that the Development Council committee is still talking to the City Public Safety Department staff about fire sprinkler ordinance changes. He said that Marlin Grant had provided some additional information which was being reviewed. There will be another meeting with the City on this matter and that he will keep Development Council members informed. Bob Burger stated that the next meeting will be in late January. The meeting adjourned at 9:12 a.m. Regular Meeting of the Park and Recreation Advisory Commission February 11, 1988, 7:00 p.m. (Note the early starting time. AGENDA 1. Call to Order (Introduction of new commissioner, Phyllis Hanson) 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations. b. Staff. C. Others. 4. Report on Past Council Action a. Final Payment - Parkers Lake Seed and Sod b. Selected west site for community center in Plymouth Creek Park C. Approved 1988 Fee Schedule/Rental Policies 5. Unfinished Business a. Park Usage/Cost Study Report Discussion - Athletic Assoc. Representatives b. Parkers Lake Update C. Plymouth Creek Site Planning Update d. 1987 Annual Report Approval e. St. Mary's Neighborhood Park Update f. 9- 6. New Business a. Review Community Attitude Survey Results (mailed from City Manager) b. Discuss 1988 Park Tour C. New Plats d. e. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next Meeting - March 10 League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221.0986) 1988 LMC/AMM LEGISLATIVE CONFERENCE TUESDAY, FEBRUARY 16 Program in brief Location: St. Paul Radisson Hotel, Kellogg Boulevard 8:00 a.m. Registration 9:00 a.m. Opening General Session OThe State of the Cities - 1988" Cities' fiscal concerns will be examined in light of proposals to overhaul the state's property tax system. City officials will hear from state and legislative officials including John Tomlinson, Commissioner of Revenue Senator Douglas Johnson, Chairman, Senate Tax Committee Representative Gordon Voss, Chairman, House Tax Committee Representative William Schreiber, House Minority Leader A panel of city officials will question both lawmakers and the Commissioner of Revenue on their outlook on state -local fiscal issues. Get your questions ready, too! 12 Noon Luncheon "'Cities' Legislative Agenda in 1988N Senator Roger Moe, Senate Majority Leader Representative Robert Vanasek, Speaker of the House 1:30 p.m. Legislative Issue Briefings - Two Concurrent Sessions Levy Limits/Local Government Aid Tax Increment Financing 2:00 p.m. Small Group Strategy Sessions City officials with a special interest in a particular issue will have an opportunity to discuss lobbying strategy and involvement in efforts to secure a favorable outcome for the issue at the legislature. Veterans Preference Optical Scan Voting Equipment Wastewater Treatment Construction Supplemental Grants Fiscal Disparities Return of Excess 2% Police Aid to PERA OVER These informal discussions will put you in touch with League legislative staff and fellow city officials to put together action plans aimed at helping the League win the day for cities on these key local government concerns. 3:00 p.m. City Day on the Hill Shuttle buses will be available to take city officials to the Capitol and return. Plan now to meet with your legislators and let them know where cities stand (together!) on key legislative issues! 5:30 p.m. LMC/AMM RECEPTION FOR LEGISLATORS AND STATE OFFICIALS Open to city officials registered for the conference and to state lawmakers and appointed officials. i i N In � N CQ O r� v N T N 0 D N O � Fi 1_ co u N o N N Cn "0 O r� N h= Lo CI? i N rn D N o W ' 0 W i W Ct COE-4 I a ►� U IrIC41 1 °c O'z,l'Z � cri rV M I 1 i I t I I i t I I H 00 00 W i N o U r, z C� c(1 C -)M w i z U W W Imo! 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Q N IINC V w r v'N O4 r4 N N U. co N N I CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JANUARY 27, 1987 The R.eqular Meeting of the Plymouth Planninq Commission %Nas called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Stulberg, Zylla, Plufka, Marofsky and Pauba MEMBERS ABSENT: Commissioner Wire STAFF PRESENT: Community Development Director Blair Tremere Associate Planner Al Cottingham Assistant City Engineer John Sweeney Planning Secretary Grace Wineman *CONSENT AGENDA *PRIME DEVELOPMENT MOTION by Commissioner Pauba, seconded by Commissioner CORPORATION, REZONING Stulberg to recommend adoption of the Consent Agenda. AND PRELIMINARY PLAT (87123 VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED *MINUTES MOTION by Commissioner Pauba, seconded by Commissioner Stulberg to approve the Minutes of January 13, 1988 with the following corrections: Page 3, second paragraph, statement by Commissioner Wire, rather than Commissioner Stulberg; and, Page 5, typographical error, corrected as stated by Planning Secretary. VOTE. 5 Ayes. Commissioner Plufka abstained. VOTE. 5 Ayes. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the request by the Plymouth Historical Society. Reading of the January 12, 1988 staff report was waived. Chairman Steigerwald introduced Mr. Harvey Schiebe, representing the Plymouth Historical Society. Mr. Schiebe had no questions or comments. Commissioner Pauba inquired about the location of the build- ing on the site, it was explained it would be slightly to the rear and south of the existing building. -14- PLYMOUTH HISTORICAL SOCIETY. SITE PLAN At►D CONDITIONAL USE PERMIT (87101) Page 15 Planning Commission Hinutes 3arIuar275, 195 Chairman Steigerwald opened the: Public H:-arino, as there Na no one present to speak on this item, tht- Public Hearinq was closed. MOTION by Commissioner Zvila, seconded by Commissioner NOTION TO APPROVE Marofskv to recommend approval of the Site Plan and Conditional Use Permit for the Plymouth Historical Societe, to allow the construction of a 24 x 36 ft, accessory storage building, subject to the conditions listed in the January 12, 1988 staff report. Roll Call Vote. 6 Ayes. HOTIOt1 carried. VOTE - MOTION CARRIED Chairman Steigerwald introduced the request h\ Richard RICHARD BROKKE Brokke, Powell Lincoln Mercury for Site Plan and Conditional POWELL LINCOLN Use Permit Amendment. Readinq_ of the ganuary 12, 1955 staff MERCURY. SITE PLAN report was waived. AND CONDITIONAL USE PERMIT AMENDMENT Chairman Steiqerwald introduced Mr. Richard grokkf-, who had (87127) no comments or concerns regardinq the staff report. Commissioner Marofsky inquired if the petitioner would oppose his sitting for this item, as he is counsel for property interests of adjacent property. 11r. Rrokke stated no. Commissioner Marofksy inquired about the landscapinq. Mr. Brokke stated that the bituminous parkinq area would be installed to the perimeter of the pond; additional trees will be placed around the pond to enhance the existing maple trees. Commissioner Pauba inquired if the site circulation was working well; he noted that with the recent snowfall, there seemed to be a need for snow removal to improve parkinq and circulation on-site. Mr. Brokke stated that snow storaae has impeded site circulation somewhat and plans are underway for snow removal. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. MOTION by Commissioner Plufka, seconded by Commissioner MNOTION TO APPROVE Stulberg to recommend approval for the Site Plan and Conditional Use Permit Amendment for Richard Brokke, Powell Lincoln Mercury, to expand the parkinq and vehicle storaqe lot, subject to the conditions as listed in the January 12, 1988 staff report. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Page 16 Planning Commission Minutes January 27, 195 Chairman SteigerAald introduced the request h,, Pat Gnff . Goff Homes, for "Fernbrook Manor", a plat for tA0 lots fur multi -family dwellings and Cita park. An overvie�% of the January 13, 1985 staff report vias prodded by Planner Cottingham. Chairman Steigerwald introduced Mr. Pat Goff, Goff Homes, who discussed the background of the development. He stated he has built comparable units on the north and east side of St. Paul. He explained that the units %ill be marketed as owner -occupied. The major market for these units will be single career people, and so-called "empty -nesters", with fewer family units, they estimate 4 children per 100 households. He stated that in their experience, this typr. of homeowner would select this unit -style and would choose to have passive parkland close -b%. The units are 9401 sq. ft. to 1,100 sq. ft., two-bedroom with private entry. The homeowner can qain entry through the garage. The units have patios and/or decks and the buildings have aluminum and brick siding. Mr. Goff noted their company has been selected for builder a"ards. Commissioner Marofsky inquired about the open land area to be left in its natural state. Mr. Goff stated they plan minimal grading and the area will have an open field appearance. He stated the Parks and Recreation Department recommended a walk%ati through the wooded area that will connect to the City parkland. Commissioner Marofsky suggested that the units could be realigned to open up the development area. Mr. Goff stated that the building layout is constrained b%, the 10% grade, and by the area to the east which would require extensive fill. He noted that further to the east is land in the Post -1990 Service area. For these reasons, the building Jay out is concentrated at the west end. Commissioner Plufka inquired if it is the developer's intent to leave the open area to the east in its natural, "wild" state. Mr. Goff answered affirmatively. Commissioner Plufka inquired if there would be a formal Homeowners Association, and would they own this natural area. Mr. Goff stated this would be the case. Commissioner Plufka stated concern about maintenance for this area and explained the enforcement of the City's weed ordinance. He suggested that the developer submit something more definitive at the time of final plat submittal, such as some seeding and grading of the area. Chairman Steigerwald opened the Public Hearing. PAT GOFF, GOFF HOMES PRELIMINARY PLAT AND REZONING (87128) Page 17 Planning Commission Hinutes January 27, 1951- Mr. 951 Mr. Joe Charboneau, 4415 Glacier Lane, stated h,,4tould have no comments at this time. Mr. Gary Dechaine, 4405 Clacier Lane, stated he would rather see smaller buildings; he is not familiar Kith 6-plexes and wondered about the price ranae. Chairman Steigerwald explained that the developer is not required to provide information regarding the cost of the dwelling, but may give price estimates if he chooses to do so. The City does not regulate selling price. Mr. Dechaine asked if the developer could dive examples of other areas where he has pro\ided similar housing; and, if he would explain where these developments are located so they could be viewed. Mr. Jerry Lee Fischer, 4630 Ferribrook Lane, stated he is tired of development in this area with its noise and pollution. He believes the developer will need to do a lot of cut and grade. He is concerned about drainage which may have a negative impact on his property. Barriers should be constructed between the proposed developmerit and his property consisting of berm and trees for. screenina. He is concerned that children from the proposed development will enter his property and play in his children's play area. He is concerned about additional traffic. This development will not contribute to the quality of life; it is "log, income housing" and is not compatible to the surrounding neighborhoods. Gayle Jones, 14300 45th Avenue North, voiced similar concerns. She also did not understand ho\a the parkland could be construed as a public park. She selected to live in Plymouth because of its high standards; now it will be crowded with so many units; she is opposed to the 6 -plea buildings. She is concerned about the price range and how it will affect the property values in the neighborhood. Kingsview Heights is an attractive development and the proposed 6-plex buildings are not compatible. She suggests a reduction in density and smaller buildings. Mr. Robert Sevey, pointed out the property he owns east of 45th Avenue North and Fernbrook Lane, near the development site. He stated he has talked to the builder who indicated the units would be in the $60,000 range. It is his opinion this is "low income" housing arid, with rezoninq to R-3 (medium density multiple residence), the City has no control over the quality of the homes. This proposal will affect the property east of Fernbrook Lane; no one will want to develop expensive housing because the proposed development Paae 15 Planninq_ Commission Hinutes Januar. 27, 195c) that will set the tone and ha,, c, a negati��- impact ori tf� values of all the homes in this area. Mr. Sevey stated he has had offers on his property and has turned them down. He doesn't want to develop his land at this time. He asked the Commission to carefully consider approval for a development which could "set the tone for love income housing". Chairman Steigerwald noted there are developments in the City where townhomes and more expensive single family dwellings co -exist in attractive planned unit developments. Commissioner Plufka explained that the land use guiding for the proposed development is LA -3 (high medium density residential) to be rezoned to the appropriate zoning designation of R-3 (medium density multiple residence) District. The undeveloped property to the south is also guided LA -3. Discussion ensued regarding development alternatives within this guiding and zoning designation, noting that development of two-family homes to 12 -unit buildings are appropriate within the R-3 zoning classification. Mr. Dave Yunker, 4400 Glacier Lane, noted his special concern regarding property values. He does not believe this development plan fits into the neighborhood. He is concerned with traffic and noise; arid, that the intersection of Fernbrook Lane and County Road 9 is dangerous because of the present traffic levels. Chairman Steigerwald asked Mr. Goff to respond. Mr. Goff stated that the cost of a unit would be approximately $60,000. He reviewed the names and locations of develop- ments they have completed that are similar to "Fernbrook Manor".These are basically the same units and are open for viewing. In response to Mr. Fischer's concern about drainage and transition, Mr. Goff stated they could propose cutting the hilly area; maintain a 30 ft. setback from the north property line; and, install berminq . He had no objection to placing over -story trees for screening. The ponding, as proposed, contains the drainage on-site. Chairman Steiqerwald inquired if Mr. Goff could meet with Mr. Fischer to resolve the concerns expressed. Mr. Coff answered affirmatively. Paae 1° Planninq Commission t1iiiutes January 27, Commissioner Plufka inquirers if the herrn might upset th(, drainage plan. Engineer S"eene% stated he "ould need to review this to assure proper drainage maintenance and on- site storage. In response to the concern about public access to the City park, Planner Cottingham explained the access from future Berkshire Lane; and the trail planned from the cul-de-sac to the park. Mr. Robert Sevey inquired about the current access to his property. Chairman Steigervvald inquired about the gradinq plans to the south of the Sevey property. Mr. Goff explained the area excluded from the gradinq plan; they will cut away from that area: they will maintain a 3:1 slope; and, a retaining wall will not be needed. Mr. Sevey inquired if there would be some v+ay to prevent people using the park from cominq onto his property. Commissioner Plufka suggested he discuss this concern with the Parks and Recreation Department and/or the Parks and Recreation Advisory Commission. Gayle Jones inquired about the nature of de\elopment around those areas developed by Mr. Goff in St. Paul. Mr. Goff stated that one development consistinq of manor homes, has a roadway to the east; to the west is Department of Natural Resources Protected Wetland; to the north are single family residential dwellings; and, the price range of the single family dwellings is up to $150,000. North of another, are single famly homes; to the west are townhomes; to the south there is open space and ponding; and, to the east are single family homes. Mr. Jerry Fischer stated he believes the City may have made an error in Judgment concerning the land use guiding for this area. He inquired how a "mistake like this could be corrected." The City's Land Use Guide Plan was displayed and discussion ensued regarding changes to the Plan; the purpose of the Plan; and, the division of land uses with buffering provided from major road%ays. Director Tremere confirmed that the City's Land Use Guide Plan was established in 1972, and was reviewed again ten years later and found to be appropriate. Residents have depended upon this information to ascertain future development and have relied on the fact that development will be consistent with the guidinq and zoninq. Commissioner Zylla inquired if the topographical features of the site dictate the layout. He believes the plan could be more creative and would make the development more inviting. Paqe 20 Planninq_ Commissi0r, Hinutes January 27, 19Y�, Mr. Guff stated they are trvinn to stay away from apt "'apartment -look" with this desiarl: they have broken up thc, parkinq with the use of green space; the buildings are from 80 to 150 ft. apart; and, he believes the buildinq lavout to provide the homeowner Aith a sense of privacy and selected views from their units. Parking space availability and orientation are important. Discussion ensued regardinq residential developments under- way near this site and the impact this development plan will have on them. Chairman Steigerwald stated that impacts upon property values have been discussed with other development plans: and, to his knowledqe, there has been no proof that nelti development cause a decrease in the value of homes in the area. Commissioner Plufka noted the established neighborhoods across I-494, where single family residential neighborhoods flow into medium density residential areas, to the apart- ments and condominiums which provide the buffer from high traffic areas. Chairman Steigerwald closed the Public Hearinq. Commissioner Plufka stated concern with the lack of privacy for adjacent properties; and, that a requirement for berminq and transition be confirmed. Chairman Steiqerwald noted that the berminq and landscaping plans for such areas as "Chelsea Woods" creates a good-looking neighborhood. He is also concerned about the larqe expanse of that property which has no definitive plan and which may become trouble- some to maintain. Commissioner Marofsky agreed, and noted that the City, as well as the residents of this development, deserve some amenities. MOTION by Commissioner Marofsky, seconded by Commissioner Pauba to recommend approval for the Preliminary Plat and Rezoning for Pat Goff, Goff Homes, subject to the conditions as listed in the January 13, 1988 staff report. Commissioner Stulberg stated that, at the final planning stages, he would be looking for, and would want to be able to review, those items discussed tonight such as: Berming and screening; a plan for the open space; arid, more creativ- ity in site design and building layout. Commissioner Zylla was concerned that, with approval of the general development plan and preliminary plat, they were "buying into the building locations". MOTION TO APPROVE Paqe 21 Planning Commission Minutes January 27, 1988 Planner Cottingham explained that plans would provide more detail with the required Site Plan and Conditional Use Permit applications for this development proposal. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO TABLE Zylla, to table this item with direction that the applicant provide those revisions and modifications to the plan, as discussed, prior to approval of the preliminary plat. Commissioner Zylla explained that his second relates to his desire that the petitioner address the building layout prior to Site Plan review. Mr. Goff stated that he has acquired the services of professional engineers and architects in the preparation of the site layout and the landscape plans. They have provided a layout that is appropriate for this site and for the topography of the site. The development plan retains the timbered area to the east; the open area can be maintained in a natural state; the pads will allow an easy lifestyle for the homeowners. The building layout takes advantage of the topography of the site. The use of berming and over -story trees will provide transition and screening. Chairman Steigerwald stated the Commission will expect the petitioner to provide throuqh-sections for their review of the formal site plan. Commissioner Marofsky concurred, adding that a detailed landscape and grading plan should be provided; and, revised plans should reflect the direction from Commission regarding site desiqn (utilization of the open area and better building layout). Roll Call Vote on MOTION to Table this item. VOTE - MOTION TO TABLE 5 Nays. Commissioner Plufka, Aye. MOTION fails. MOTION FAILS Director Tremere explained that the Conditional Use Permit to be considered with the Site Plan requires a Public Hearing so that property owners will be notified at the time more detailed plans are submitted for review. Roll Call Vote on the Main Motion. 5 Ayes. Commissioner VOTE - MAIN MOTION Plufka, Nay. MOTION carried. MOTION CARRIED Chairman Steigerwald called a 5 -minute Recess at 8:55 P.M. RECESS Pape 22 Planning Commission Minutes January 27, 1988 Chairman Steigerwald introduced the request by Beverly Kottas, H.I. Enterprises, Inc. Reading of the January 15, 1988 staff report was waived. Chairman Steigerwald introduced Linda Fisher, Attorney, representing the applicant. Ms. Fisher presented copies of an Outline Summary of the applicant's presentation; and, an Outline of the Barton-Aschman traffic presentation. These were made part of the record of the proceedings. Ms. Fisher explained this would be a two-part presentation with Mr. Ron Jackson, Barton-Aschman, presentinq traffic information. Ms. Fisher provided the background for the application; that the principals are Plymouth residents; they own two busines- ses in Golden Valley and seek this Amendment so they may have a similar business in Plymouth. She assured they would provide long-term ownership. She explained a previous General Development Plan from the 19701s; noting that though this is not a forum for discussion of a development plan, it is important for the Commission to know that the petitioner would propose the development of a convenience store with gasoline and automobile tire and service center., if the request for reguidinq is deemed appropriate. She explained this business would be a 17 -hour operation. Ms. Fisher emphasized that the applicants are not speculators, they believe the reguidinq of this property has merit for the community. Ms. Fisher reviewed the land uses in the area, notina that the development factors are important to this discussion. Analysis of the area should be done on a case-by-case basis. She stated that an office "gateway" has not occurred here, and, the area is not conducive to this; the area does show a mix of use and the applicant believes this site is appropriate for their business; and, that their business would compliment the community structure and would add to the grouping of businesses already in the area. Ms. Fisher, having reviewed the traffic studies for this area, believes there is no notable impact to the City's roadway system, which has been the main concern expressed by City staff. She introduced Mr. Ron Jackson, Barton-Aschman Associates, Inc. Mr. Jackson described traffic studies done in May, 1987, November, 1987; and, December, 1987. Their studies reflect no major impact to the intersection; and, the City's traffic consultant pointed out that there was no impact to "peak" traffic hours. BEVERLY KOTTAS H.I. ENTERPRISES LAND USE GUIDE PLAN AMENDMENT (87125 ) Page 23 Planning Commission► Minutes January 27, 1955 Chairman Steigerwald opened the Public Hearinq, as there v%as no one present to speak on this item, the Public Hearinq ►vas closed. Chairman Steigerwald noted that similar requests have been turned down by City Council; that these services are available in other areas near this site. However, he believes the site would provide convenience residents of multi -family and apartment dwellings nearby. He commented on a draft Community Survey that was recently completed showing that 70% of the respondents answered "no" when asked whether there should be priority placed upon development of more "convenience centers". However, this response may have meant that they wanted no such facility "near their homes". MOTION by Chairman Steigerwald, seconded by Commissioner MOTION TO APRPOVE Zylla, to recommend approval for the Land Use Guide Plan Amendment to reclassify CL (limited business) to CS (service business), subject to the conditions listed in the January 15, 1985 staff report. Commissioner Marofsky noted the types of businesses in the area; that some are similar uses to that which is proposed by this applicant; but the proposed use is not permitted, even as a conditional use in what v%ould be the existing zoning district. The traffic analysis reflects not only traffic generated from this site; but from other sites as they develop; and, that the reference to "six times the traffic", addresses these sites if they should develop under a service business classification, rather than a limited business classification. Other sites are available for this use; and he does not believe the applicant has shown that this site cannot develop under the CL guiding. Commissioner Zylla stated he appreciated the arguments made by the petitioner that the Land Use Guide Plan is not "absolute"; that there is a need for these services in this area of Plymouth; and, that there is a major deficiency of service/retail in the City. However, his concern would be to make sure that approvals would not be granted for a Class II restaurant on this site, now, or in the future and that there would be controls in place to prevent this from ever happening. Commissioner Zylla concurs that the City's systems would not be compromised by this reguiding proposal. Paqe 24 Planninq_ Commission Minutes Oanuary 27, 1955 The Commission discussed a curb cut to Fernbrook Lane; and the petitioner agreed to the access as a richt-in onl\, from Fernbrook Lane. Commissioner Stulberg stated he does not support the Motion; the site could develop under present guiding and zoning; there are other areas in the City which could accommodate this use; and, the reguiding here could have an impact upon the vacant sites in the area. He questioned whether there is merit to the proposal beyond the interest of the petitioner. Chairman Steigerwald stated that the concern about precedent should not be a primary reason for denial since impact upon area sites would be up to future Commissions and Councils. He commented that the petitioner is responsive to the traf- fic concern regardinq access from Fernbrook Lane; and, with regard to the concern about overall traffic, consideration should be given to the trips made by area apartment dwellers who seek and use services such as those proposed. Commissioner Pluf ka stated concerned about precedent. the proposed district could on adjacent sites if they result of the precedent set that the Commission should be Further, other uses allowed in eventually go on this site, or were also reclassified as the by this action. He said he could not support should be considered with the the land, not with a specific Commissioner under current it should be the Motion; that any reguiding realization that it goes with use. Pauba concurred. The property can guiding. If any reguiding is t on an area basis and not just for be developed 0 occur, then one parcel. Director Tremere stated that staff's concern is that any reguiding be undertaken in a deliberate and comprehensive manner. The relevance of other available sites is that the community planning does provide for facilities such as that proposed by this petitioner, throughout the City. The apparent lack of such facilities is primarily an economic function which is not the result of the Land Use Guide Plan. He said the focus should be on presents the highest and best He reaffirmed Commissioner's the property were reguided and met the design standards of there. The only way to tie a whether the proposed guiding use for this site and area. Plufka's statement that once zoned, any allowable use that the Ordinance could locate specific land use to a parcel Page 25 Planning Commission Minutes January 27, 198 within the current zoning/legal structure would be for the fee owner to place a covenant on the property limiting the land use. Chairman Steiqerwald read the letter from Perkins Restaur- ants, a neighboring land owner, who supported the request. There was continued discussion concerning traffic qeneration and the other sites throughout the City which could accom- modate this use. Director Tremere commented that the pro- posed use would generate a level of new trips and even if the percentage seems relatively low, the additional traffic from this site and potentially from area sites, if also reguided in the future, would be detrimental. The traffic consideration should not be the sole determinant of the proposed amendment. He said that staff does not question the petitioner's ability to operate a successful and desirable service business. The City made a conscious planninq decision which has kept such land uses from the northwest quadrant of I-494 and Highway 55; the lack of such service facilities in this area is not due to an oversight or to neglect of community needs. Ms. Linda Fisher stated her client indicated they would be amenable to covenants which would prohibit certain land uses, such as Class II restaurants; and, that the right -in only access from Fernbrook Lane was acceptable. She doubted that the reguidinq would result in an undesirable precedent and would not necessarily obligate the City to reguide other land in the area. MOTION by Commissioner Plufka, seconded by Commissioner Marofsky to Amend the Main Motion to specify that, the reguiding is conditioned upon the following considerations which must be satisfied within the indicated time frame: a.) Covenants limiting land uses proposed, and to those B-3 allowed in the B-1 District; b.) Access from Fernbrook Lane right -in only; and, c.) hours of operation shall indicated. to only the B-3 uses uses which are also should be limited to be limited to those Discussion ensued regarding the Amendment. Chairman Steiq_erwald said that the matters of access and hours were more appropriately considered at Site Pian review. NOTION TO AMEND Page 26 Planninq Commission Minutes January 27, 1985 Roll Call Vote on Amendment. 6 Ayes. MOT1011 carried. VOTE ON AMENDMENT MOTION CARRIED Roll Call Vote on Main Motion as Amended. Commissioners VOTE - MAIN MOTION Stulberg, Pauba, Marofsky, and Plufka, Nay. Commissioner MOTION FAILED Zylla and Chairman Steigerwald, Aye. MOTION failed. MOTION by Commissioner Marofsky, seconded by Commissioner NOTION TO DENY Stulberg to recommend denial of the Land Use Guide Plan Amendment for Reasons Nos. 1 - 4 and No. 6 cited in the January 15, 1988 staff report. Roll Call Vote. Commissioners Stulberg, Pauba, Marofsky, VOTE - MOTION TO DENY and Plufka, Aye. Commissioner. Zylla and Chairman MOTION CARRIED Steigerwald, Nay. MOTION carried. Commissioner Plufka stated that if there were to be a reguiding in this area, the City should study this quadrant as to whether CS guiding is appropriate and what the impact of the traffic generation from the area would be. NEW BUSINESS Chairman Steigerwald introduced the request by 1501 Partner- 1501 PARTNERSHIP ship for a Site Plan and Variance. Readinq of the January SITE PLAN AND 13, 1988 staff report was waived. VARIANCE (87132) Chairman Steigerwald introduced Bruce Schmitt, Architect, representing the petitioner. He had no questions or comments. MOTION by Commissioner Stulberg, seconded by Chairman MOTION TO APPROVE Steigerwald to recommend approval for the Site Plan and Variance to construct a 13,920 sq. ft. office building, subject to the conditions as listed in the January 13, 1988 staff report. VOTE. 5 Ayes. Commissioner Marofsky, abstained. MOTION VOTE - MOTION CARRIED carried. OLD BUSINESS *PRIME DEVELOPMENT MOTION by Commissioner Stulberg, seconded by Commissioner CORPORATION Stulberg to recommend approval, subject to the conditions REZONING AND listed in the January 20, 1988 staff report. PRELIMINARY PLAT (87123) MOTION TO APPROVE Vote. 6 Ayes. MOTION carried. 'VOTE - MOTION CARRIED s • Page 27 Planning_ Commission Minutes January 27, 1985 OTHER PAJSINESS The Commission discussed the Board of Zoning Adustments and Appeals request for their review of the variance from the maximum size of free standino_ signs at the "Crown Auto/Wash-Me-Carwash" site, 11040 Highway 55. It was the consensus of the Commission to reaffirm the intent of the approving Resolution that states, any signage shall be in compliance with the Ordinance standards; and, to recommend that the Variance request should be denied. The maximum allowed signage could be shared; any hardship was not created by the Ordinance, and the site, with more than one tenant, is not unique. The Commission paid special homage to Chairman Paul Steigerwald who was chairinq his final Planning Commission meeting. Chairman Steigerwald had served on the Planning Commission since 1979. ,An -IM 1RNF+FNT The meeting adjourned at 10:30 P.M. DEPARTMENT OF THE ARMY ST. PAUL DISTRICT. CORPS OF ENGINEERS +� 1135 U.S POST OFFICE 8 CUS70M HOUSE ST PAUL, MINNESOTA 55101-147"s IN 11EPLv TO ATTENTION OF Construction -operations _ . Regulatory Functions5, - c � We are enclosing for your information correspondence we received as a result of our public notice that described your project. It is our policy to give you -the opportunity to offer us your proposed resolution or rebuttal of these comments. You need not make any response. However, aay response should be sent to this office so that potential resolutions or rebuttals can be considered in our final evaluation. If we receive no response within 15 days of this letter, we will presume that no response is intended. In the interim, we will continue to process your application. If you have any questions, please write or callI ,I ei, r��,� � r � 5 _rt' Enclosures Ben A. Wopat Chief, Regulatory Functions Branch L"Y jr Construction -Operations Division A/1, 1-41 T/N/ r CITY ut rAW] 4W in . Minnesota Pollution Control Agency %;0;CV January 26, 1988 Mr. Ben Wopat Regulatory Functions Branch St. Paul District, L.S. Army Corps of Engineers 1135 U.S. Post Office & Custom house St. Paul, Minnesota 55101 Dear Mr. Wopat: RE: NCSCO-RF (87-1154-23) City of Plymouth Wetland No. 27-105W, Hennepin County Expiration Date: January 25, 198c This letter is submitted by the Minnesota Pollution Contrcl Agency (MPCA; under authority of Section 401 of the Clean Water Act (33 USC 1251 et seq.) and State Statutes Chapters 115 and 116. The referenced project involves filling approximately 54,000 cubic yards of material for commercial and residential development. The MPCA will waive certification, of the reference project provided it is conducted in accordance with applicable requirements of state and federal law. However, there are several issues which the Corps must address prior to the issuance of their permits. Clearly the project is not water dependent. Although considerable amount of information has been provided in the public notice regarding the need for the project, it is not clear from this information whether there are feasible and prudent alternatives. Further, it is not clear that the proposed mitigation in any way offsets the 5.15 acres of proposed fill. From the information in the public notice, we are not convinced that a true picture of costs and benefits of the project have been developed. We request that the Corps consider the following: ^1. The City should examined other options for the use of this property including its use as a park or wildlife area. 2. Other potential development options, such as additional commercial development instead of the firehouse should be examined. These options would probably have a more substantial return for the City. 4 EC E 1.�D Phone: -z---1$31 JAN 2 9. 8p 520 Lafayette Road, St. Paul, Minnesota 55155 Regional Offices * Duluth/Brainerd/Detroit Lahes/Marshafl!Rocheste- REG ULA TORY FUNCTIONS Equal opportunity Employer BRAr.Cr? Mr-. Ben 4;opat Page 2 3. The existing value of the area to be filled should be calculated. The site already serves functions such as floocplain storage. Calculable damages could result downstream if the area is filled. 4. The City should estimate the cost to be incurred for sewer, water arO other utilities. Fy leaving the area unfilled, these costs could be avoided. This action does not exempt the applicant from, the responsibility of complying with all applica�le local, state and federal requirements nor does it grant any right to violate personal or property rights. If you have any questions, please contact Mr. Louis Flynn of rry staff at (612) 297-3364. Since d r is J. S r P.E. Chief, Pr gram Development Section Division of Water Quality CJS : jms cc: Mr. Ron Nargang , Director, Division of Waters, MDNP. Mr. Robert F. Welford, U.S. Fish & Wildlife Service Mr. Elmer Shannon, U.S. Environmental Protection Agency, Chicago DEPARTMENT : Natural Resources - Wildlife- DATE ildlife DATE : January 20 , 1988 To Kent Lokkesmoe Regional Hti-drologist 77 FROM Tim Wallace f..-,. i -V/ Asst. Area Wildlife M r ger PHONE : 296-5200 TATE OF MINNESOTA office Memorandum R1 ZJVZ0 pari e- � t9, REGION VI WATERS SUBJECT: U.S. Army Corps Permit CENCS-CO-RF (87-1154-23) Dunkirk Meadows. After reviewing this perllllt app Iica-Lion to place fill for residential housing in the existing wetland, I have to object due to the negative impact on wildlife habitat and populations. Solving the City of Plymouth's monitory problems by filling wetlands will only be a short-term solution which, the long range impacts to the environment and wildlife habitat are permanent. This would set further bad precedent and shows a lack of concern for future problems created by this supposedly easy solution. The negative impacts on wildlife include but are not limited to: 1. Direct loss of wildlife habitat. 2. Increased fluctuation of water levels in the basin due to decreased size of the basin and increased areas of run-off (streets, roofs, lawns, etc.). 3. Lower water quality due to contaminants from streets and lawns (oils, salt, fertilizer, herbicide, etc.). 4. Decreased flood protectio-� for wildlife land downstream (decreased storm water storage capacity). Also the cities contention that mitigation for damages has already done seems to be a convenient way to escape all environmental cost of their proposal and should not be considered as an alternative. The best course of action from the environmental and wild- life standpoint would be to deny this permit. TJW:ja RECEIVED JAN 2 9. 8? REGULATORY FUNCTIONS CPnI,CH STATE OF - r DEPARTMENT OF [NATURAL RESOURCES PHONENO 296-7523 1200 VARN R ROAL, ST. Ph�J- 55106- January 25, 1985 Henrik Strandskov USCOF, Regulatory FunctionE 1135 U. S. Post Office & Custor. House St. Paul, XN 55101-1479 Dear �randskov: RE: CENCS—CO—RF (8 / -1 154-2 3) , CITY OF PLYMOUTH, DNR Enclosed are the co=,,erits of the DIFF. Section of Wildlife. As you are aware, the project impactE the outer fringe of a State Protected Wetland `27-105k. Several vears ago, as part of a court case the City was involved ir_, the DNE established ar ordinary high water level (OHW) of 993.7 NGVD, 1929. Any fill shown belot, the OHS,' would be prohibited under DNR regulations.. An, mitigation requirements which would alter the wetland below the Ohi; would require a DNR permit. Thank you the opportunity to comment. Please cavi if you have ark' questions. Sincere] y, Ju y B dreau ea Hydrologist METRO REGION DIVISION OF WATERS J44 /dv AN EQUAL OPPORTU%ITY EMPLOYER PjE CE IV ED JAS 2 6. B? REGULATORY FUNCTIONS FF"I I'll 1� H DEPARTMENT DATE TO FROM PHONE SUBJECT Natural Resoirees - v"LI : li ifs - Jan Lz ry 21, 19c: . Joa7 Ga' 1; , 'L)cjngane Spec -'L a! ic��-'' 297-2277 STATE OF MINNESOTA office Memorandum ARMY COP.P PERMIT CENCS-(X)-RF (87 -1154 -23)'- I $7 -1154-23) I have re�-iewed this applia_7 tion the Cite: of F' 1� proposes• to discharge fill adjacent to state protected wetland 27 -10_, - in order to make the fill site s :itaule for develop --,fent. The area proposes for f ilIin, � is a portion of the we` - mr lands co' e : associated with the protecte - ba -sir -1. 'Leis cm.plEx pra-ides importa.:t habitat for wildlife species suc?-i as fox, weasel, pheasants, hero:-,--, rails, and a variety cf passerine birds. Additionally such ccmp exec• are va? uable as ground water recharge areas anti floock.,-ater retentior. areas. Considering the continuing loss of such wetlands in the Hennei:ir. Counter area and the norr- ate da--p_=n5ent nature of the project I suggest that a per .it not be issues for td -i& propcsed work. Ile cit_ --E of Plymouth would be better ser- e—f �n the lone ter::, if the wetland, be maintained for their aesthetic, ar Oi0 1C c.l� W�! Cti1fe ha lout va-2 JG:Irnr P 1E a VE01 JAN 2 1 1583' REGION VI WATERS .-LA 11 t JD ST\� 0 wxjl� oqb r QNQ�1'1� S.LLo'mma� ..6� duo .,o.npa, AJ,FnQ, 3ot� 7=L 16 3 ao aqi�• �e N , RECEIVED .AN 2 6. B? REGULATORY FUNCTIONS BRANCH r rte% �,� - _ '^ _ •-- � �. j L. - _ _ll^ia: 0- o' ! -1-Tr. ou L - i'1l Y.r,e so -a Coins of rl�f,;Ge,,V 1135 _ - _ �� s. �u�+o-- =�ous� ?F.a. ro';, G �� ..� ... Paul rye+n: _.��oY,.7--unc:lo�._Y'anG._: 17? &&IOU L .. . has IJee'n sQvre+rL NrG���:'.� y .. 1; s manl,7 n,- riei µc.orZ; ar, t al , oSr. :.._� �'�1�ir,. 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'y, F -, r ~r y` v �7c �b N a o,tb • c G L E L CO Va •i It (D D17 TC • M C- B v, rD - a� c ST' S 7 O% V.! v v Y^. CJ CC M �.s ? ID 3 C' W— n to n fJ ? n �, C C C S f: '_ O G _< • rp C• oCDV, v7 !N L w^< E cs T= t" e y E 3 n an rev Ifc C C fi r_ =rN '7�Q may, CD C- N c V� OD 11 0 1.4 v N Z Z r 1'• Vr y m U) b a U) b y tr, m N N OD V ITv o January 26, 1988 PUMOUTR Ms. Shari French 3600 Ximinies Lane Plymouth, MN 55441 SUBJECT; YOUR CONCERNS ABOUT SNOWMOBILES Dear Ms. French: Thank you for sharing your concerns with me the other day. As a result of our telephone conversation, I have written the attached letter to Mr. Wilson, asking him to alert Homeowner Association members about the City's requirements with respect to snowmobiles. We have previously sent a similar letter to Homeowner Association Presidents, but Mr. Wilson was not on the distribution list. As you know, many Plymouth residents like the fact that we are a "city in a country setting." Some residents take advantage of country type recreation opportunities such as snowmobiling. Sometimes, those people act with little regard to the property of others. The City Council has discussed this matter and decided at this point that the best course of action is to seek voluntary cooperation with snowmobilers and their clubs prior to considering a blanket restriction or prohibition against snowmobiles. As I mentioned over the phone, the best way to stop damage to your property is to call the Plymouth Public Safety Department if you observe snowmobilers. Try to get as much identifying information as possible, including type, color, etc., of snowmobile and the registration numbers, and we will be better able to locate the responsible persons with this data. I am hopeful that we can improve the level of compliance through cooperative means. Our only alternative will be to consider mandatory restrictions or prohibitions at some future date. Thank you for calling. Sincerely, f Virgil Schneider Mayor 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 January 27, 1988 Mr. Paul Wilson, President PHEASANT HILLS HOA 10920 - 38th Avenue North Plymouth, MN 55441 SUBJECT: SNOWMOBILE COMPLAINTS Dear Mr. Wilson: `11Y OF PUMOUTR I have recently received complaints from within your Homeowners Association about snowmobiles trespassing on private property and destroying new lawns and shrubs. The City Council's position is to seek cooperative compliance by snowmobilers, rather than to mandate a restriction or prohibition against snowmobiles in the community. Please help me in our effort to solicit cooperation by passing along the attached brochures on snowmobiling regulations to homeowners association residents who may be snowmobilers themselves or know snowmobilers in the area. Word of mouth is the most effective means to convey this information. We have also sent a general letter to all homeowners association presidents, made announcements on cable television and included articles in the local newspapers. Please Join me in encouraging voluntary compliance with Plymouth's current snowmobile requirements. If these measures do not succeed, we will have no alternative but to entertain mandatory restrictions or prohibitions on snowmobiling. I would prefer to avoid such action if possible. Thank you for your assistance! Sincerely, Virgil Schneider Mayor VS:kec cc: Dick Carlquist James G. Willis 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 CITY U� February 1, 1988 PLYMOUTR Mr. Paul Jarzembinski 3760 Pilgrim Lane Plymouth, MN 55441 SUBJECT: YOUR CONCERNS ABOUT BOBCAT SPEED AND FENCEPOST DAMAGE Dear Mr. Jarzembinski: Following our phone call, I referred your concerns to Tom Vetsch, the City's Street Supervisor. He has provided me with the following information. Concern 1: The Plymouth skid -steer loader was operating at an excessive speed along the Pilgrim Lane sidewalk. For the last 10 years, the City has had an aggressive employee safety program. We are continually working to balance productivity with safety in our day to day work operations. Our insurance records show that we have done an effective job in each case. The basis for our good record is that Plymouth employees generally share an abiding concern for the safety of themselves and the equipment they operate. Tom Vetsch has discussed your concern with the driver involved. You can be assured that the driver is sensitive to your concern and will continue to exercise care and caution in his operation of City equipment. Concern 2: The bobcat damaged your fencepost adjacent to the sidewalk. Tom Vetsch has discussed this matter with you. It does appear that the City bobcat nicked the post, causing a longitudinal break. Tom has advised me that this spring they will be replacing the post for you since it is on your property and not within City right-of-way. 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55414'. TELEPHONE (612) 559-2800 Mr. Paul garzembinski February 1, 1988 Page 2 We sincerely apologize for any inconvenience we may have caused. Our objectives is to provide the best possible public services in the most effective, efficient and safe fashion. Sincerely, Virgil Schneider Mayor VS:kec cc: Tom Vetsch, Street Supervisor Games G. Willis, City Manager CITY OF PLYMOUTH • 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 26, 1988 TO: Jim Kolstad, Public Works Superintendent FROM: Frank Boyles, Assistant City Manager SUBJECT COMPLAINT FROM PAUL JARZEMBINSKI, 3760 PILGRIM LANE WITH RESPECT TO FRONT END LOADER On Friday, January 22, I received a telephone call from Mr. Jarzembinski. He has two concerns: 1. On January 21, 1988 at 8:00 a.m., he observed a skid --steer loader clearing snow or driving down the sidewalk in front of his home at 3760 Pilgrim Lane. He believes loader was traveling at an excessive speed. His concern is for children who may be utilizing the sidewalk or playing in the area. 2. He is also concerned about a post being knocked down by the skid -steer loader on his property and is requesting replacement thereof. Would you please investigate both allegations with the operator and operator's supervisor and provide me with a complete report no later than Monday, February 1 so I can communicate your findings with the resident. You may wish to handle the post as a mailbox type complaint and use that policy. To talk to Mr. Jarzembinski, call 546-5867 or at work at 481-1842. FB:kec cc: Fred Moore Virgil Schneider S.F. 2/1/88 City Council January 29, 1988 Mr. Randy Nord, President KINGSVIEW HEIGHTS HOA 4420 Harbor Lane Plymouth, MN 55446 SUBJECT: KINGSVIEW HEIGHTS QUESTIONS Dear Randy: Thank you for inviting me to your homeowner association meeting to discuss your concern. At that meeting, a number of questions arose which required additional research. Our Planning and Community Development Department has provided me with the information you requested. Shown below are your questions and the information we have obtained: 1. How many dollars are left in the bond or financial guarantee for Kingsview Heights? First Addition - $ 20016 Second addition - $150,558 public, plus $36,235 private 2. For what purpose or purposes are the bonds being retained? First Addition The $2,016 retained for the First Addition includes the following public work: $1.,500 for boulevard and drainage Swale sod $300 for street signs $216 for design, administration, inspection and as-builts, 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. Randy Nord January 29, 1988 Page 2 Second Addition The $150,558 is retained to guarantee the following public work: $2,100 for street signs $1,091 for park and trail improvements $147,267 for design, administration, inspection and as -built drawings The $36,235 being retained is for private work, including: $30,000 for boulevard and drainage swale sod $2,353 for park and trail improvements $3,882 for design, administration, inspection and as-builts I have attached the most recent bond release resolutions for your information. 3. Are the jointly -owned amenities bonded? Yes, the remaining bonds cover installation of both public and private park and trail improvements and private boulevard and drainage swale sod. 4. Does the City expect Harstad to request an additional release in the near future? If so, for what? We cannot know precisely, but we would expect an additional request this spring or summer for work completed at that point. We do not know what work will be undertaken, although we expect the developer to push for development completion. 5. Provide the names of one or two other homeowners associations that own common land, but are also single-family developments under the PUD ordinance. How is the question of insurance and maintenance handled? Our Community Development Director has reviewed the files and does not find other in place homeowner associations which are directly comparable to you. There are several projects under construction; Harrison Hills Association may be of assistance. Almost any homeowner association should be able to assist you on these matters as common areas are similar regardless of housing design. You may also wish to contact a Randy Nord January 29, 1988 Page 3 developer such as Lundgren Brothers who may have additional information on this subject. They have had experience with associations in single family developments. You may want to contact Peter Pflaum at 473-1231 for further information. An attorney or insurance agent may assist you with this. I believe that these are all of the questions for which additional information was requested. Unfortunately, I will be out of town on February 16, the date of your next meeting. I have asked Deputy Mayor Jerry Sisk to attend in my absence. Would you please contact Jerry at 473-0573 or 861-7868 about a week prior to the meeting to confirm the date, time and location. If I can be of any other assistance, please let me know. Sincerely, V gil Schneider Mayor VS:kec cc: Jerry Sisk, Councilmember Blair Tremere, Director of Planning & Community Development Z 4 n 7 inn rr Ina Q I gri g,,wen a C) C 4. 1- t e c s f e e e n e p r- i LL 0 e :D C or p U e e e U e C. e ems. s a be l e v i a C- r o!ll s a e a e - .::C U n r e C4 a C: I s a n c e :E; e ac e 0', c �DA I e p, e z 2 e !s e s C e S e e n a z !e C f n t 1h P 7 Is Lo ii s j- ri 0 _-b e :z. reason :-,-:D i e p r' OX i Mi n e CD o. ec 1", h e n '-A C) esT: I on 7 a!E: a. te - F' S (D. 0=" were vacant- e,- :1 m n 'E, pp e C M .1 S of ea' - '-n p e. 0 z h e s a Ce e l e C. r e" s 1 rk z. i- s c e s e q or - r. •0 1 T, gA o;D S ana o,-* e G C)-: 7. t-, e Jh S a c e .,e C tif f C a n. -Ig, r n� C=; Or, e C o f z e o,J s c.; ri C. :";arc:. CaP D e ED U h 7� e 1 e e C me i e_ - r: n g C , IL: e r, f 0- n e c, i r. Cot., n - a hear �je I i - �, p e 7 r' C e f, 2_1 5 w h C. r-. 1 :5 1 E, 7 , I t f n e 1- ar r.c, S u St'. r) n e o!,,, e v e du e t 0 7 ;7) E: c o e z e - CZ -1 n e a houQ1 :;LU e C e ..move—..'/, T h e of f i ce-- Cou 0 see -4 Jh -a C:: d I c;on, e A -m. j I.% I because no other shares were aval 1 ab I CC n C) ._7 ri to W a I 4'er-1- far -hese conal Ions CIC n o r, e.,.. I s t. s n Parked on the other side of me, so I cou h 3. %- e v e y e czx s m ov e c: over one 4Lc,-- whV Would IL Park D a perml t space and r I s<- the chance of a c a 1 a - �Dv Ous 1 y t- his w -as ar- wne,-, could have pa.-'K�ec a CA o ze 41 h e f aces? i ani T unint.entional mlstaKe. <a 'Lee! t 4- the officer -0 r e -a t G.'erreacteYin this Case. CL .L hope Ithat., You w I i t a I t o _'our o 'if I cer- ar.c explain the Primary purpose of a. po C e force C, n c I de:-., s on to a Cap-- 1. c ; ous aInic, o'•; e b e -a r- i :r; Q f: r,] 0 t h e e e 1 GSC' t e =x C U 'S I C pot er entrusteCA t", C them, nj v el 3 Ch, ICA) --en anO 711' t U Q e,-) CC oil oc close to a Handicappeo so a e ii a r -a L -n, c s e:, -,,n,- Da_� L K. n g Ot SIL ere 1 January 28, 1988 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Schneider: TTI The Minneapolis Glass Company, located in the city of Plymouth, was the glass and glazing contractor for the new Advance Machine Company office and warehouse building, also in Plymouth. In the interior of the building, a glass stair rail was instal -led. It origin- ally had a 22" top rail that Mr. Joe Ryan of your building department would not okay. It was stated that the Uniform Building Code (T-T.B.C.) that the State of Minnesota goes by, requires not more than a 2" top rail for stairs. Fxceptions can be made by individual city building departments if situations warrant. It was pointed out to Mr. Ryan that numerous large office buildings in the city of Minneapolis and surrounding suburbs have been allowed to use the 22" rail. It was also brought to Mr. Ryan's attention that the wood rail at the Plymouth City Hall is 3" and does not meet State requirements. The changing of the top rail was forced upon Minneapolis Glass as an occupancy permit would have been declined unless we assured 1.7r. Ryan that it would be done. The cost of this was $5,638.00 in time and material. I have talked to many contractors doing work in the city of Plymouth and all have stated that the building inspectors are by far the most unreasonable to work with in our seven county area. They must increase their cost of doing work in Plymouth as they know problems will materialize with the building inspec- tors. The contractors are not here today, gone tomorrow business people. They have been around for well over 20 or 30 years, as we at Minneapolis Glass have. It is unfortunate that some individuals have to do everything by the book and take advantage of the authority that goes with the office they represent. I realize this letter will do nothing to rectify the past but maybe it can help others in the future, ;y Sincerely, , Ery Lichten Past President MINNEAPOLIS GLASS COMPANY 14600 28th AVE. NORTH • PLYMOUTH. MINNESOTA 55441 • 559-0635 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 4, 1988 r' TO: City Manager James G. Willis FROM: Community Development Director Blair Tremere ' SUBJECT JANUARY 28, 1988 LETTER FROM MR. ERV LICHTEN, MINNEAPOLIS GLASS COMPANY I reviewed this letter to the Mayor regarding Mr. Lichten's concerns about construction of a stair rail at the Advance Machine Company office building last year. I have reviewed the history of events regarding that matter and conclude that Building Official Joe Ryan was not rigid in his interpretation of the Code and authorized extra- ordinary extensions of time to complete the work which was agreed upon by Advance Machine and their architects. It appears that Mr. Lichten and his company elected to install a product which not only failed to meet the Building Code requirements, but also was inconsistent with the plans submitted by Advance Machine's architect. I was personally involved last summer when I received calls from two officials at Advance Machine who wanted to know if they could discuss possible alternatives. This was done and Joe Ryan did authorize an alternative which met the intent of the Code. Further, following a meeting with Mr. Lichten, Joe Ryan invited them to obtain written verification from the State Building Code Division about hand rail design. They did not do that. Joe Ryan wrote to the State himself and received a written opinion regarding the intent of the Code and whether the specific design proposed would meet that intent. The State Building Code Division specifically advised that the proposed design by Minneapolis Glass Company would not meet the intent of the Code. Finally, we have not been able to independently verify where any other community has knowingly approved hand rails of the design referred to by Mr. Lichten. In my view, the key consideration here is that Advance Machine, the ultimate customer, and their professional registered architect called for a design which was approved by the City; likewise, they called for a revision to the original design and that was approved by the City; the problem is that the contractor did not install what the approved plan specified. The Building Official was not in a position to approve a design inconsistent with the Code after the mistaken installation had been made. The communications with Advance Machine indicate they understood that and it appears that they held the contractor, Minneapolis Glass Company, accountable. I have attempted to call Mr. Lichten to discuss this matter with him and I will forward any further findings as they develop. Attarhments Background Information from Building Official Joe Ryan February 3, 1988 MEMO to FILE SUBJECT: 14600 21st Avenue North (Chronology of Events) August 29, 1985. The plan review letter from Assistant Building Official Scott McLellan for the Advanced Machine Company addition, references in Item #8, that the proposed solid oak handrail serving one of the stairways must be re -designed in order to provide an acceptable gripping surface. (Attached) September 26, 1985. Letter from John Bejblik, Architect, for Pope Associates in response to plan review for Advance Machine Company addition, states in Item #8, that oak handrails have been deleted, and that 1 1/2 inch diameter steel pipe rails have been substituted. Mr. Bejblik makes reference that the change will be shown on Phase II revised drawings. (Attached) January/February 1987. The Building Permit application for the Phase II office construction is submitted to our Department for review. The building plans make reference that the stairway by the front lobby is to have a glass handrail with wood cap, 1 1/2 inches in diameter. (Attached) February 11, 1987. Scott makes reference in his plan review letter to Pope Associates, on Item #36, to provide a detail of "woodcap" handrail to be used with the glazed ballister stairway area. (Attached) February 13, 1987. Our office received a letter from John Bejblik, of Pope Associates, stating in Item #3, that the wood rail cap at glazed rail will be 1 1/2 inch diameter hardwood, and be will installed as per UBC Sections 1711 and 3306. This was approved. (Attached) Building permit issued on February 23, 1987. June 1987. During the course of a mechanical inspection, Mike Kulczyk noticed a handrail in a cardboard box, on the floor adjacent to the lobby stairway. Mike measured the handrail and found it was 2 1/2 inches in cross sectional dimension, which was in excess of the two (2) inch maximum dimension required by code. Mike conveyed this information to the job superintendent and informed him that the handrail would not be permitted for use. Later this month, Mike was scheduled to perform a building final inspection. During the inspection, he noted that the 2 1/2 inch handrail had been installed on the stairway adjacent to the lobby. A Correction Notice was issued. Shortly after Mike's inspection, I disucssed the handrail issue with both Ron Ray of Advance Machine and Ery Lichten of Mpls Glass Company, the subcontractor. During one of our conversations, Mr. Lichten informed me that he had verbally contacted a person at the State File/Memo February 3, 1988 Page 2 Building Code Division, who said the 2 1/2 inch installed, satisfied the intent of the Code. I informed Mr. Lichten that if I were to receive written documentation from the State to that effect, I would accept the handrail installation. It was also agreed upon that the handrail installed would be removed and replaced with the one conforming to the provisions of the Code, if determined by the State Building Code Division that the existing handrail did not satisfy the Code requirments. June 26, 1987. I mailed a letter to the State Building Codes and Standards Division, requesting a written interpretation of the Code, regarding the handrail installed at Advance Machine, to see if it complied with the intent of the Code; by having a shape -which will provide an equivalent gripping surface. (Attached) June 30, 1987. I received a letter from Al Kleinbeck, of the State Code Division, stating that the handrail installed does not comply with the intent of the Code; the Code is specific in stating that the hand grip portion of the handrail shall not be less than 1 1/4 inches, nor more than two (2) inches in cross sectional dimension, or the shape shall provide an equivalent gripping surface. Al further stated that there are a number of stock shapes available in the market place which are more than two (2) inches in a single dimension, that provide an equivalent gripping surface; however, an enlarged circle as proposed by the Mpls. Glass Company is not a shape permitted. (Attached) July 7, 1987. Our office received a letter from Ron Ray of Advance Machine, which stated in part that a new two (2) inch in diameter handrail would be installed at the facility by August 17, 1987. July 16, 1987. I mailed a letter to Ron Ray and enclosed, per his request, a Temporary Certificate of Occupancy for the office expansion, subject to completion and correction two items, on or before, August 17, 1987. One of the items was to replace the handrail with the new two (2) inch diameter top rail. (Attached) August 26, 1987 I mailed a letter to Ron Ray informing him, that as of this date, the new handrail he had proposed had not been installed, and we would reinspect the property on September 1, 1987 to insure compliance. (Attached) After September 1, 1987. The new handrail was installed, and our office approved the final building inspection for the office expansion at Advance Machine Company on November 12, 1987. February 3, 1988 MEMO to FILE SUBJECT: Mr. Ery Lichten Letter of January 28, 1988 1. Exceptions to the State Code can be made by Municipal Building Officials if situations warrant. The Uniform Building Code does allow the Building Official to grant modifications for individual cases whenever there are practical difficulties involved in carrying out the provisions of the Code; provided he finds that there are reasons which make the strict letter of the Code impractical, that the modification is in conformity with the intent and purpose of the Code, and that such modification does not lessen any fire protection or any degree of structural integrity. The 1982 UBC Application/Interpretation Manual provides examples of handrail designs deemed to be acceptable. The design of the Advance Machine railing was similar to one of the details shown, except that it exceeded the two (2) inch maximum cross sectional dimension specifically permitted by Code. 2. The wood handrail at the Plymouth City Center was installed before the adoption of the 1979 UBC which placed dimensional restrictions on handrails. I am not aware of exception rulings other cities have been making for handrail use. 3. The top railing installed did not conform with the architectural plans submitted to our office, for the construction of the office expansion, nor did it comply with the dimensions cited in the architect's correspondence to our office. Furthermore, the handrail did not conform to the requirements of the Building Code as provided for in a letter from the State Building Code Division. We work with the plans submitted and we go by the information received from the Registered Architect or Engineer. 4. Our building inspectors strive to be the most reasonable. Our office takes pride in developing informational hand-outs to citizens and builders, informing them of the various provisions of the Code, as well as the purpose and intent of the Codes. We have produced various "checklist" information to assist builders during their construction process. Examples of this information can be found in a December 1986 Newsletter, sent to builders, which included an article regarding the requirements for handrails. Requirements for handrail construction can also be found in our handouts for decks, porches, etc. Also, we expect that professional and commercial interests know the provisions of the State Codes, which were adopted so that builders would have the dependability and comfort of working with a uniform code, regardless of the location in the State. We expect that, accordingly, builders and contractors follow the plans and specifications their clients and customers have approved. 5. The rulings and requirements were made here in good faith, and in compliance with State Code Division findings, about proposed options that were offered after plans were approved. 9 � �4 to !! Sao " -coo ! � 040 J4• CITY O February 2, 1988 KyMbUTR Ms. Merrilee Riley 13010 - 37th Avenue North Plymouth, MN 55441 Dear Ms. Riley: Thank you for your letter of January 27, 1988. I personally marvel at the concern and effort exhibited by my, fellow residents of Plymouth. I applaud your communications and encourage your continued concern for what happens within our City. Warmest regards, Jerry W. Sisk Councilmember JWS-kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNEESOTA 55447, TELEPHONE (612) 559-2800 January 27, 1988 The Honorable Virgil Schneider, Mayor City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Schneider: I would like to thank you, the other officials and the staff of the City of Plymouth for the many courtesies which were extended to me during my terms as president of the Heritage Highlands Home- owners Association. I feel certain that I personally gained much more from this experience than I put into it. As our area continues to grow and develop, I'm hopeful that we can continue to enjoy this kind of relationship with the City, which I believe is beneficial to us all. Sincerely, 7%.4A;& *%t? ki-t Merrilee P. Riley CC: City Council Members Jim Willis, City Manager SUBJECT: RESIDENT COMPLAINTS ABOUT SNOWPLOWING AT THE PLYMOUTH HOLIDAY PLUS Dear Jerry: I have learned through our Police Department that we have received at least two complaints with respect to snowplowing at the Holiday Plus store in Plymouth. The complaints are from residents living in the vicinity of the store who are concerned about the noise caused by snowplowing operations between 10 p.m. and 7 a.m. Plymouth ordinance provides that, "No person in any public or private place shall make, or assist in making, by any manner or any means, any loud, unpleasant or raucous noise, or odor disturbing others unless the same be reasonably necessary to the preservation of life, health, safety or property." The ordinance goes on to say that, "No person shall, between the hours of 10 p.m, and 7 a.m. ... disturb the peace, quiet or repose of persons residing in any residential area." While these provisions are not specifically directed at snowplowing or parking lot maintenance operations, we have used them as a guide in controlling late night and early morning activities in residential areas. During the summer months, I understand similar complaints were received about sweepers cleaning the parking lot during the evening hours. At that time, you elected to make adjustments to the sweeping schedule in order that it would be more in conformance with the above ordinance provisions. We would appreciate it if you would talk with Gannon Brothers, your plowing contractor, requesting that they revise their schedule for plowing to better conform with the City Ordinance. We are pleased that you are taking every effort to retain high maintenance standards at the Plymouth facility through regular cleaning and plowing. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (012) 559-2800 February 4, 1988 jrsi:c�c �o- CITY OF PUP10UTR Mr. Jerry Jensen Lyndale Terminal Company P.O. Box 1224 Minneapolis, MN 55440 SUBJECT: RESIDENT COMPLAINTS ABOUT SNOWPLOWING AT THE PLYMOUTH HOLIDAY PLUS Dear Jerry: I have learned through our Police Department that we have received at least two complaints with respect to snowplowing at the Holiday Plus store in Plymouth. The complaints are from residents living in the vicinity of the store who are concerned about the noise caused by snowplowing operations between 10 p.m. and 7 a.m. Plymouth ordinance provides that, "No person in any public or private place shall make, or assist in making, by any manner or any means, any loud, unpleasant or raucous noise, or odor disturbing others unless the same be reasonably necessary to the preservation of life, health, safety or property." The ordinance goes on to say that, "No person shall, between the hours of 10 p.m, and 7 a.m. ... disturb the peace, quiet or repose of persons residing in any residential area." While these provisions are not specifically directed at snowplowing or parking lot maintenance operations, we have used them as a guide in controlling late night and early morning activities in residential areas. During the summer months, I understand similar complaints were received about sweepers cleaning the parking lot during the evening hours. At that time, you elected to make adjustments to the sweeping schedule in order that it would be more in conformance with the above ordinance provisions. We would appreciate it if you would talk with Gannon Brothers, your plowing contractor, requesting that they revise their schedule for plowing to better conform with the City Ordinance. We are pleased that you are taking every effort to retain high maintenance standards at the Plymouth facility through regular cleaning and plowing. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (012) 559-2800 Mr. Jerry Jensen February 3, 1988 Page Z Any assistance you could give us in revising the hours of parking lot maintenance should help to mitigate against any future complaints by residents in the area. Thanks for your help. Sincerely, Frank Boyles Assistant City Manager FB:kec cc: Lieutenant Dennis Paulson CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: Januar v 26. 1988 TO: Lieutenant Paulson c(opy FROM: Officer Mike Buske SUBJECT SNOW REMOVAL AT HOLIDAY PLUS - 4445 NATHAN LANE On 01/25/88 at 2830 hours. Officer Diaatono took an anonvmous complaint via city telephone. The noise complaint was about snow removal equipment at Holidav Plus. On 01/26/88 at 0020 hours. CSO Bara took a similar comoiaint from a female. Donna. unknown last name. phone 559-6349. Both complaints carne from the Trenton Place condominiums. The noise was tvoical of that caused by a front-end loader. dump trucks. and a small bobcat.. I spoke with a Greq Bixler of Gammon Brothers of Roaers. Their davtime Phone number is 428-2497 and the owner's name is Mike Gammon. Bixler advised thev would be finished with their iob in less than one hour. Thev were allowed to continue. but were advised of the noise problem. In the summertime. we have received similar complaints involving sweepers cleanina the Parkina lots. The standard Practice has been to inform the sweepers thev could not operate until after 0700 hours. I have never experienced Past complaints involvina snow removal eauipment at Holidav Plus. Aooarently there has not been a vast problem as Holidav Plus manaa_ement would not be allowed to have their parking lots cleared of snow between 2200 and 0700 hours in accordance with the noise ordinance. Is it or is it not our current policy to allow snow removal equipment to function after hours at this location? If thev are allowed to operate. can we then ianore anv noise com- plaints? If thev should not be operating. could you advise Holidav Plus manaa_ement of this and advise us so we can halt their after-hours operations. Thank vou. Dennv. for vour attention in this matter. MB: as M E T R 0 P 0 L I T A N T R A N S I T C 0 M M I S S I 0 N 560 -6th Avenue North, Minneapolis, Minnesota 55411-4398 612/349-7400 January 29, 1988 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Schneider: Recently I completed the first half of my appointment as a member of the Metropolitan Transit Commission. As you may recall, the 1984 Legislature created the Regional Transit Board to do comprehensive regional transit planning, and reduced the size of the MTC Board to three members. The Commission's primary job is to operate the area's largest bus system. I represent the communities outside Minneapolis and St. Paul. This letter is intended as a brief report on MTC's work activity during my service on the board. The major issue that has faced MTC has been to develop a strategic plan that gives MTC an opportunity to function effectively in a more competitive environment with basically constant resources. The nature of that environment was quite evident in the past year, as stable gasoline prices pushed personal automobile usage to higher levels; as "foul weather friends" took advantage of our mild winter of 1986-87 to rely less on MTC; and as both the federal government and regional agencies pursued policies aimed at increasing privatization of regional transit services. The MTC strategic plan has two major priorities. The first is to increase customer satisfaction by increasing the quality of all of the services MTC offers to the customer. The second is to look within MTC to find resources that can be reinvested into more productive services. One element of major importance in achieving customer satisfaction is the quality of the bus fleet. In order to retire the large number of buses purchased in the early 1970s, MTC needs to purchase or rehabilitate almost 125 buses per year. During the past year, we have received the last of 140 buses which the Commission chose to rehabilitate; accepted shipment of 87 new buses; accepted bids for the purchase of 107 buses which will be delivered early this year; and begun the process of ordering additional vehicles for delivery in late 1988. Upon completion of this purchase cycle, the average fleet age will be 5.43 years, down from a high of 11.4 years in 1984. ,� Cl ; -2- In addition to vehicles, other capital improvements have also moved ahead. The Commission worked with the Minnesota Department of Transportation and the Regional Transit Board to design timed transfer and Park-n-Ride locations along the I-394 corridor. Tied to this, the Commission also initiated action to utilize an existing federal grant to purchase additional bus shelters for the areas within the I-394 crescent. These will be installed as service is increased. Outside of the I-394 corridor, funds have been proposed for four additional park/ride lots and some new bus turnaround areas. We recently opened park/ride lots in Burnsville, Mounds View and Newport. These will add over 200 new park/ride spaces to the system. A major emphasis has also been placed on improved customer services. In July, we supplemented our telephone information center with City Line, a touchtone telephone information system which permits riders to get much faster 'next bus" information. The City Line system is already handling over 2,000 of the 5,000 transit information calls MTC receives each day. In late 1986, we opened the Transit Store in downtown Minneapolis. Customers may now pick out their own schedules rather than have to request schedules from a clerk. And we are now placing permanent schedule displays in Seven Eleven and Tom Thumb stores. Including these additions, pocket schedules will be available in 950 locations throughout the metropolitan area. In the hope of improving and making service more cost-effective, MTC made modifications to over 70 routes in 1987. Updated service alignments in the northeast quarter of Ramsey County were made last fall. We are presently working with the Regional Transit Board to study the feasibility of upgraded service in Anoka County and St. Louis Park. Also, working with the Regional Transit Board, MTC is developing plans to utilize transit and rideshare to relieve congestion in the I-494 area, and with the Minnesota Department of Transportation to relieve congestion during various freeway reconstruction projects this summer. We are also actively supporting Hennepin County's study of light rail by providing potential feeder bus route planning. On the negative side, excess capacity in the system resulted in the elimination of almost 800,000 annual miles of MTC service. These reductions were triggered primarily ty a 3.6% ridership decli^e it 1987. Some of these miles may be restored by subcontracting with private transit providers. We are working with RTB to ensure that when subcontracting is done, planning and marketing are done in a way which ensures compatibility with MTC service. Many of the improvements I have noted come at an added cost to the taxpayer, but on the whole, MTC's operating expenses in recent years have grown very slowly. For example, in 1986, total operating expenses increased by about 1% over 1985. Part of this is luck. Fuel costs have remained tamer, and labor costs, which until recently were tied to the consumer price index, have grown only slightly. The Commission has also taken actions which have kept costs in line. A major example of this was the MTC labor contract agreement which was signed in 1986. While we -3 - did not achieve all that we sought, I believe the settlement moved the MTC in the direction of increased productivity and more effective service, with labor costs increasing less than one percent annually over the 3 -year contract period. MTC has also taken other steps to better utilize its resources. For example, we now contract with both Greyhound and Trailways to do fueling and light maintenance at MTC's Heywood Garage. We have also included in our request for federal funds a new Nicollet Garage facility, which is planned for joint public-private operator use. Frankly, I would be less than honest if r did not express concern about some of the decisions we have made at MTC to achieve greater efficiency. Service reductions may result in more ridership loss, which may result in more efforts to reduce service. Transit plays a very important role in the transportation picture of this metropolitan area. We need to continue our efforts to ensure that all of our citizens have opportunities to travel throughout the area, and to ensure that transportation services keep up with the development plans of communities. I enjoy my service on the Metropolitan Transit Commission, and look forward to hearing from you about the transit needs of your community. Sin rely, Glenn G. C. Olson Commissioner GGCO/RL/kal/6940