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HomeMy WebLinkAboutCouncil Information Memorandum 06-03-1988T F CITY Or PUMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM June 3, 1988 RECYCLING CASH DRAWING June 2: No Winner Next week: $400 cash award UPCOMING MEETINGS AND EVENTS..... I. COUNCIL/STAFF STUDY MEETING -- Monday, June 61 5:30 p.m. Council staff study dinner meeting in City Council conference room. 2. COUNCIL MEETING -- Monday, June 6, 7:30 p.m. Regular City Council meeting in City �-ouncil chambers. 3. PLANNING COMMISSION -- Wednesday, June 8. The Planning Commission Forum will begin at 7:15 p.m., with the regular Commission following at 7:30 p.m. Agenda attached.(M-3) 4. PARK & RECREATION ADVISORY COMMISSION -- Thursday, June 9. The Park and Recreation Advisory Commission will meet in the City Council Chambers. Agenda attached. Agenda attached. (M-4) 5. TOWN MEETING -- Monday, June 13, 7:00 p.m. Town Meeting in City Council Chambers. A copy of the letter and agenda mailed to Area 2 residents is attached. (M-5) 6. CALENDARS -- Meeting calendars for June and July are attached. M-6 FOR YOUR INFORMATION.... 1. AMBER WOODS DRAINAGE PROBLEM -- Councilmember Vasiliou had an inquiry from an Amber Woods resident regarding drainage problems at a home located at 18400 - 31st Avenue North. Chet Harrison viewed this problem with the homeowner, Mr. Thursten Zettel, on May 17. Attached is a copy Chet's memo from that meeting. This home was just one of the many in the Amber Woods Addition which will be reviewed this summer in hopes of developing an overall solution to the drainage problem within this plat. (I-1) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATION MEMORANDUM June 3, 1988 Page 2 2. "MEET YOUR COUNCIL" BROCHURE -- Attached is the "Meet Your Council" brochure. It has been revised to reflect suggestions from City Councilmembers. Because the brochure will not be reprinted until 1990, Mayor Schneider suggested that Councilmembers confirm at the June 6 meeting that their seating will remain the same until then. Councilmember Zitur also brought up two items that the Council may want to consider: 1) Including the telephone number for the after hours citizen comment line. 2) Inclusion of Town Meeting information. The Council should recognize that there may be budgetary implica- tions associated with publicizing the customer comment line if it "catches on." Councilmember Zitur is concerned that the Council may elect to consolidate or eliminate town meetings and that the desired option should be reflected in the brochure. (I-2) 3. SHINGLE CREEK WATERSHED MANAGEMENT PLAN - We have received the Shingle Creek Watershed Management Plan prepared by the Commission and its consultants, Eugene A. Hickcock & Associates. This Watershed Management Plan has been prepared as required by state law. The City has 60 days to review this document and to make comments upon it. I have asked Fred Moore to review the document and prepare a written report to the City Council on its impact on the City. Because Fred is a City representative on the Shingle Creek Watershed Management Commission, I am confident there is no significant conflict between the plan and any objectives of the City. 4. CONSTRUCTION OF DETENTION POND FOR ARMSTRONG RIDGE -- Attached is a memorandum from the City Engineer concerning the construction of a detention pond at the south boundary of the Armstrong Ridge plat. Mr. Kevin Behrends, 10715 - 35th Place No., has been in contact with the City to state his concerns with the pond construction as it Impacts the rear portion of his property. Mr. Behrends has indicated he will be attending the June 20 Plymouth Forum to discuss this matter with the Council. The pond, currently under construc- tion, is expected to be completed within the next two weeks. (I-4) 5. CITY MANAGER'S PERFORMANCE OBJECTIVES - 5/23/88 COUNCIL RATINGS -- Laurie Rauenhorst has prepared the attached results of the Council's review of the performance objectives for the City Manager. (I-5) CITY COUNCIL INFORMATION MEMORANDUM June 3, 1988 Page 3 6. MINUTES: a. Plymouth Advisory Committee on Transit, May 25, 1988 (I -6a) b. Planning Commission, May 25, 1988 (I -6b) 7. MEETING WITH BUSINESS REPRESENTATIVES CONCERNING SARA TITLE III -- The Superfund Amendments and Reauthorization Act SARA was signed into law October 17, 1986. Title III of this Act, the Emergency Planning and Community Right -to -Know Act of 1986, has far-reaching impacts on State and local governments, as well as numerous facilities in Minnesota that store, manufacture, or process extremely hazardous chemicals. As a example, one of the requirements placed on local governments is to submit by October 17, 1988, the plans which incorporate the Title III requirements to Local Emergency Planning Committees. Thereafter, these plans must be updated and exercised at least annually. Title III also requires those facilities to provide forms to Fire Departments, indicating the chemicals manufactured, stored, processed, and inventory reports. Management of this data can become a major problem for fire departments with many facilities in their jurisdiction. Because of the impact of this legislation and the liability issues accompanying the act, we believe that it is important for the City to reach out to those businesses in our community that have already reported and/or have established emergency plans for their organization. For this reason, the Public Safety Department (Fire In particular) will host a meeting on Wednesday, June 15 at 9:30 a.m. at the City Center for Plymouth businesses affected by SARA Title III requirements. Attached is a copy of the letter inviting business representatives to the meeting. (I-7) 8. MTC ARTICLE -- Frank Boyles received the attached article from Hennepin ounty Commissioner Bud Robb. The article, "Some suburbs think MTC takes them for a ride," appeared in the St. Paul Pioneer Press on June 1. (I-8) 9. CORRESPONDENCE: a. Letter from Kenyon D. Sandstad, Cimarron East HOA, concerning the quality of landscaping undertaken at 14305 - 21st Avenue North. A letter from Frank Boyles responding to Mr. Sandstad is also attached. (I -9a) CITY COUNCIL INFORNATION NENORANDUM June 3, 1988 Page 4 b. Letter from Joseph Lund, 2705 Holly Lane responding to City Manager's letter of May 18 on the City's 2 a.m. - 5 a.m. parking ban ordinance. (I -9b) c. Letter from State Senator Ramstad commenting on the Omnibus Tax Bill. (I -9c) d. Letter from William Haberman, 12030 - 28th Avenue North, to Mayor Schneider, on various concerns with an adjacent property. (I -9d) e. Letter from Clinton Strehle, 1025 Evergreen Lane, to Eric Blank, urging the development of public tennis courts in the Plymouth City Center area. (I -9e) f. Letter to Mark McCullough, from City Manager, acknowledging Mr. McCullough's May 19 letter on the extension of Xenium Lane. (I -9f) g. Memorandum from Councilmember Zitur to City Manager regarding his statement on community service officer position. (I -9g) h. Letter of appreciation to Dick Carlquist, from Dave Drugg, Loss Control Manager, North Star Risk Services, Inc., for his participation in loss control workshops. (I -9h) i. Letter from Dennis Zylla to Mayor Council providing follow-up comments on the City's requirement to fire sprinkler the Pat Goff townhouse project. (I -9i) j. Letter to Mayor Schneider from Evelyn Woulfe, Bloomington City Clerk, on the transfer of jury trials to the Government Center. (I -9j) James G. Willis City Manager JGW: jm attachments r PLANNING, COMMISSION MEETING AGENDA WEDNESDAY, Dune 8, 1985 WHERE: Plymouth City Center 3400 Plymouth Boule).ard Plymouth, M!1 55447 M-3 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planninc ` Commission and will be enacted by one motion. There will be no separate discussion o` these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. nPFN FnR1IM 7:15. P.M. 1. CALL TO ORDER 7:30 P.M. 2. ROLL CALL 3.* CONSENT .AGENDA 4.* APPROVAL OF MINUTES May 25, 1988 5. PUBLIC HEARINGS A. Edward Johnston. Planned Unit Development Concept Plan, Preliminary Plan/ Plat, Conditional Use Permit and Variance for Deerwood Trail east of Balsam Lane and 48th Avenue North (88016) B. Northwood Gas Company /Koepps-Service Center. Conditional Use Permit for installation of propane gas dispenser at 36th Avenue North and County Road 18. (88024) C. Thomas Graham, Graham Development Company. Rezoning and Preliminary Plat for Zachary Heights east of Zachary Lane and south of the Soo Line Railroad (88042) D. John DeVries. Rezoning and Preliminary Plat for Wild Wings 2nd Addition east of Zachary Lane and south of the Soo Line Railroad (88046) E. City of Plymouth. Rezoning of Schmidt's Gardens Subdivision to represent property with municipal sewer service south of Highway 55 and Urbandale Court (88061) 6. NEW BUSINESS A. James O'Brien, Erin Properties. Site Plans for office/warehouse facilities at at 12935 and 13005 16th Avenue North (88052/88053) 7. OLD BUSINESS A. John Lavender, Caliber Development Corporation. Site Plan and Variances for office/warehouse structures at 21st Ave. North, between Fernbrook and Niagara Lanes (88038/88039) 8. OTHER BUSINESS None 9. ADJOURNMENT 10:30 P.M. �\— -1-\ . Regular Meeting of the Park and Recreation Advisory Commission June 9, 1988, 7:30 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations. b. Staff. c. Others. 4. Report on Past Council Action a. Accepted $5,000 Donation for Parkers Lake Peace Garden b. 5. Unfinished Business a. Request for Matching Funds - Greenwood/Oakwood PTA b. 1989-93 CIP c. Plymouth Creek Site Planning d. Park Usage/Cost Study Report Discussion e. Parkers Lake Update f. St. Mary's Neighborhood Park Update g. Community Center - General Discussion h. 6. New Business a. b. C. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next Community Center Meeting June 29 Next Regular PRAC Meeting July 14 -s i May 249 1985 F CITY O PLYMOUTH+ Dear Plymouth Resident: SUBJECT: TOWN MEETING, JUNE 13 Because Plvmouth is a developing community, there are many actions underway or in the planning stage which could impact upon you. In order to maintain open communication channels with residents of the community, I have sche- duled a Town Meeting for Monday, June 13 for residents of your area. In order to keep the meetings on an informal basis while dealing with specific topics of interest to you, the Town Meeting will be for the area shown on the map below including residents living north of Highway 55 around the southerly portion of Medicine Lake north to 17th Avenue on the east and 26th Avenue on the west. The Town Meeting is scheduled to becin at 7:00 p.m. in the Plymouth City Center. On the reverse side of this letter is a list of possible topics for discussion at the Town Meetina. If vo..i have other matters of interest we will seek to address these also. I encourage you to join Councilmembers Sisk, Zitur, basiliou, Ricker and myself at 7:00 p.m., Monday, June 13 at the Plvmouth City Center. We are anxious to meet you and look forward to this opportunity to meeting Informally to discuss matters of mutual interest. If you have any questions about the Town Meeting, please feel free to call your City Clerk at 559-2800, ext. 204. Sincerely, - F R / E v '/`//` •' \ LIN: t_ Vi gil Schneider Mayor C:, C�> E Yf •� . - F 1 • L\ �✓f, Y,n�F` F•- ��, NOVE.+9tw is •wFe I.. �9•' 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 �A — s TOWN MEETING AGENDA AREA TWO June 13, 1988 7:00 p.m. I. CAPITAL IMPROVEMENTS A. 10th Avenue/frontage road improvements. B. Xenium Lane connection to Northwest Boulevard C. 1990 sewer C.I.P. II. PARKS A. Heritage Neighborhood Park B. West Medicine Lake Park C. Trails III. DEVELOPMENT A. Waterford Office Park and Plaza B. Marcus Development - Plymouth Point C. Northwest Business Campus D. Prime West IV. PUBLIC SAFETY A. Police/Fire Report B. Neighborhood Watch Program C. Animal Control V. OTHER ITEMS A. Public Transportation Feedback - Plymouth Metrolink B. Local Government Cable Access Channel 7 C. Recycling Program D. Sprinkling Restrictions E. The Property Tax Pie O W V: V: LL. 11C � z Ell a N '.7; M G+r � O W V: V: LL. 11C � z Ell a x L � � N Q*N F N Ln tea' Z U c z < O zc�o _ r� U x W U O W � LL. 11C � z Ell a x oo ¢ Ln tea' Z OC zc�o _ M � M N N {Y � � N N i oz Qrn N Lr l z w I z � j .� '� < C: r� N� w I N [•-• a o z LL. 11C � z x oo ¢ tea' Z OC zc�o _ M � M N N {Y � � N N i N i tea' Z a'N � � M N l I I N s M M MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 18, 1988 TO: Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer ____- SUBJECT: MEETING WITH THURSTEN ZETTEL 18400 31ST AVENUE NORTH RAINWATER DRAINAGE INTO THE INDIVIDUAL'S BASEMENT We viewed the situation as based on where proper tiling around the foundation needed correction which he has already done by placing small diameter hose from the foundation wall to his draintile under his floor. We then toured the outside of his building and looked at some of the problems he has with his downspouts and drainage water getting away from his home during heavy rains. His sump -pump only runs about 24 hours after a heavy rain. There is poor drainage in his backyard and it appears that either a small storm sewer can be installed, or a drainage swale constructed. I stated to the resident that we will be having some people come out this summer that we have hired to investigate the drainage problem in this area and see if we can come up with a recommended solution, either by designing a storm sewer to drain the area which would be assessed to him or possibly digging a drainage channel that may be very inexpensive to do and will not be much cost to the residents, if any. CJH:kh cc: Dan Campbell, Senior Engineering Technician SOME DEFINITIONS Issues at City Council meetings are often discussed in technical terms. The following are some of the most common: Ordinance: The most formal and binding type of council legislation. It has the force of law within Plymouth. Resolution: A written declaration of Council position or action. It fa less formai than an ordinance and does not have the force of low. Motion: An informal verbal resolution. Rezoning: Change in zoning Classification of a parcel of land. Rezoning requires a Public hearing before the Planning Commission prior to Council consideration. Variance: A deviation from the zoning or subdivision standards. Variances are usually granted only if unique physical situations or unusual hardships hamper compliance with code standards. Legal Non -Conforming Use: Any Structure or use of land which lawfully existed before the tnaetMent of an ordinance Prohibiting such use. This is tften referred to on 'grandfathered."._ Conditional Use Permit: Land use allowed in a specific zoning classification but requiring a permit. The permit will only be issued after a public hearing before the Planning Commission and after the City Council approves it. CITIZEN COMMISSIONS Citizen advisory commissions are an integral pert 0! Plymouth local government. All commissions meet at the City Center, 3400 Plymouth Blvd. Meetings areopen to the public. Please call to confirm meeting dates and times. Park and Recreation Commission (PRAC): Meets the second Thursday of the month at 7:30 p.m. Planning Commission: Meets the second and fourth Wednesday of the month at 7:30 P.M. Planning Commission agendas ere shown on channel 37 prior to the meeting. Board of Zoning Adjustments and Appeals (BOZA): Meets the second Tuesday of the month at 7:30 p.m. Housing and Redevelopment Authority (HRA): Meets the third Thursday of each month at 6:30 P.M. If you are intetested in jjterving on a commission, call i&'19-2800 ext . soa THE MAYOR AND CITY COUNCIL The Plymouth City Council has four Councilmembers elected at -large and the Mayor. Councilmembers serve alternating four-year terms. The Mayor is elected to a two- year term. Elections are held in November of odd -numbered years. Mayor Virgil Schneider 559-1111 Councilmember Lloyd Ricker 473-6416 Councilmember Jerry Sisk 473-0573 Councllmember Maria Vasiliou 473-2316 Councilmember Bob Zitur 559-3728 CITY STAFF — You may reach city staff members at 559-2600. Business hours are 8 a.m. to 4:30 p.m., Monday through Friday. � „3400 �lNQ 4 S 4`17 � \MOS /Wal 559• "Soo Mai YL')L)r A. F C;..1 Man C..•..,.:t.l tiale��nntr..e.j.a,r .Crank 3. )L8 e. �x t�lree en♦•r Lir.c4r.... iia 16vv t�:� Y�b'l:c filar KS JiiFi.�i .I���� 41ta' f, fors ",� . �yrr•e C�4u r.. � „3400 �lNQ 4 S 4`17 � \MOS /Wal 559• "Soo Mai YL')L)r .- - f I � i% rTe- e+f.<t 1.,!il l l �G• la r1 CITY COUNCIL MEETINGS he City Council meets on the Irst and third Mondays of .ch month at 7:30 p.m. in the Ity Council Chamber of the lymouth City Center, 3400 lymouth Blvd. It also meets or special meetings as squired. All meetings are ublic. AGENDAS gendas for meetings are on he table in the beck of the 'ouncil Chamber. The agenda fists items that will be considered at the meeting. CONSENT AGENDA ill items marked with an isterisk (al) will be considered as part of the "consent agenda." The consent agenda is a time -saving device used to act on routine, administrative business. All consent items and are approved as a single item. A Councilmember or member of the audience may ask that an item be removed from the consent agenda and be reviewed as part of the regular agenda. PUBLIC PARTICIPATION The City Council encourages residents to voice their opinions about items on the agenda. To keep the meeting running smoothly, please follow these guidelines whenever you speak before the City Council: I la/M � ,rr � • - Fill out a blue card and give it to a Council or staff member. This confirms your desire to speak. Public Hearings - The Mayor Will ask for public comment after city staff makes presentations. - After everyone who wants to has spoken once, the Mayor will ask if anyone has additional comments. if no one choses to speak, the Mayor will close the hearing. After this point, no more public comment will be heard. Items On Items other than public hearings, both proponents end opponents are normally asked to observe a time limit. Each side is asked to make their collective presentation in no more than ten minutes. a;L INFORMAL OPPORTUNITIES TO MEL. WITH THE COUNCIL Plymouth Forum: The City Council holds an informal 30 minute meeting, the Plymouth Forum, prior to the Council meeting on the third Monday each month. The Forum begin: et 7 P.M. Residents need on: show up to discuss any matter with the Mayor and Council. Town Meetings: Because Plymouth is a developing community, the Council holds pollodic meetings with each arae of the City. At the the Town Meetings the City Counc: and staff update residents about developments in their area. Residents also may discuss concerns with the Mayor and Council. Invitations and agendas are mailed to residents in the Town Meeting area. CABLE CHANNEL 37 i' All City Council and Town Meetings are cablecast live channel 37. Meetings are replayed on channel 37 at 7:- Pin.on the following Wednesday and at 5 P.M. on the following Friday. Meeting agendas are shown on channel 37 the Friday, Saturday and Sunday prior to meeting. DATE: TO: FROM: SUBJECT: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 May 25, 1988 Fred G. Moore, Director of Public Works Chester J. Harrison, Jr., City Engin DETENTION BASIS FOR ARMSTRONG RIDGE ADJACENT TO ARMSTRONG SCHOOL The City is presently constructing the required detention pond at the south boundary of this plat as required. Last fall and this spring the residents were notified of the fact that this drainage basin was going to be constructed as required by the plat. A Mr. Kevin Behrends has called and stated he is concerned about the way the drainage basin was constructed and is unhappy with the fact that he lost a portion of his rear yard. Mr: Dan Campbell has handled this project and has talked to the resident in questions, has talked to all the residents including this one, concerning the construction. He has made every effort to reduce the amount of impact on the rear yards of all the properties by putting the slopes in at three to one which is a mowable slope. The original plan called for sloping more of the backyards. I believe that every effort has been made to construct this channel to minimize the impact on the abutting property owners, but it was required to be constructed and is presently under construction. We expect to have this project completed in the next two weeks. CJH:sm cc: Dan Campbell, Senior Engineering Technician 4-Y 1. � CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 26, 1988 Vasiliou Sisk Zitur Ricker TO: dames G. Willis, City Manager 16/20 10/20 23.75/25 20/20 FROM: Laurie Rauenhorst, City Clerk,j— II. 14/14 14/14 25/25 SUBJECT CITY MANAGER'S PERFORMANCE OBJECTIVES - 5/23/88 REVIEW 7/14 15/15 The following tables contain the results of the City Manager Performance 25/25 review conducted by the City Council on May 23, 1988. The first table 7/7 indicates the weighted ratings originally assigned to each of the six 9.8/9.8 performance areas by each of the councilmembers. 15/20 The second table 10/10 contains the number of points awarded, followed 94/100 by the number of TUUTM2.5/ possible points. 94/100 Maximum Performance Schneider Vasiliou Sisk Zitur Ricker Average Award I. 20 20 25 20 15 20 $1,000 II. 14 10 25 15 20 16.8 840 III. 14 14 15 15 30 17.6 880 IV. 25 25 10 25 10 19 950 V. 7 7 15 5 15 9.4 470 VI. 20 20 10 20 10 17.2 860 $5,000 Schneider Vasiliou Sisk Zitur Ricker Average I. 16/20 10/20 23.75/25 20/20 14.25/15 16.8/20 II. 14/14 14/14 25/25 15/15 20/20 17.6/17.6 III. 14/14 7/14 15/15 15/15 30/30 16.2/17.6 IV. 25/25 25/25 10/10 25/25 10/10 19/19 V. 7/7 7/7 15/15 5/5 15/15 9.8/9.8 VI. 18/20 15/20 10/10 20/20 10/10 14.6/16 94/100 7FTM 98.75/1 TUUTM2.5/ 1 i0 94/100 1 C" - MINUTES PLYMOUTH ADVISORY COMMITTEE ON TRANSIT MAY 25, 1985 PRESENT: Dennis Jacobson, Dale Knutson, Nancy Holter, Barbara Roberts, Paul Buharin, Frank Boyles I. APPROVAL OF APRIL 27, 1988 MINUTES II. The Committee approved the April 27, 1988 meeting minutes as submitted. REVIEW OF APRIL RIDERSHIP STATISTICS April ridership for the commuter/reverse commuter was 408 passengers per day, continuing the downward trend in average daily commuter/reverse commuter ridership. Despite the reduction, the year-to-date average ridership for commuter/reverse commuter continues at 421, exceeding the 393 passenger target by 7%. The internal circulator continues weak at 34 passengers per day. The year-to-date internal circulator average is 16% below the target. On at total system basis, the average daily ridership is 459 passengers which is 4.8% above the target of 438 riders per day. FOLLOW UP ITEMS FROM PREVIOUS MEETINGS A. Internal Circulator Route Revision Experime.it Paul Buharin stated that it appears that the 90 day experiment connecting the internal circulator to the Golden Valley Center would run approximately $20 to $150. The connection would be once each way in the evening and morning. These figures will be incorporated in the 1988 budget figures to the Regional Transit Board. B. West Medicine Lake Drive Route PACT members indicated that the timing has been better on this route since the last meeting and that no scheduling change is needed. IV. IDENTIFICATION OF NEW AREAS OF CONCERN OR RECOMMENDATION PACT members advised that for the last two to three months the roller signs on the minicoaches have not functioned properly. Consequently, the word charter or other route names have been used in lieu of the accurate route name. This has caused confusion both to existing and new riders. Frank Boyles stated that one of the reasons for purchasing these new vehicles was the roller sign. Frank will contact Medicine Lake Lines to ask that this problem be given immediate attention. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT MAY 25, 1988 Page two V. PROMOTIONAL PLANS A. Paul Buharin stated that the Pioneer Press will be available at the Park and Ride lot for one day in August. He will check to see whether or not the press would agree to provide this service one day per week for a number of weeks, and whether or not delivery could be arranged at the Park and Ride lot. B. Frank Boyles stated that an article is scheduled promoting the internal circulator in the upcoming Plymouth on Parade newsletter. There was also discussion of having a free "student's day." The possibility of a promotion through Independent School Districts 284, 281 and 279 was also discussed. C. The continental breakfast/travel mug promotion conducted on May 23 was a success. Riders appreciated the thought and continue to use the travel mugs. The meeting adjourned at 7:52 p.m. FB:kec CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 25, 1988 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:D0 P.M. MEMBERS PRESENT: acting Chairman Plufka, Commissioners Stulberg, Zylla, Marofsky and Tierney. Commissioner Wire arrived at 7:30 p.m. MEMBERS ABSENT Chairman Pauba STAFF PRESENT: Community Development Coordinator Chuck Dillerud Community Development Director Blair Tremere City Engineer Chet Harrison Planning Secretary Tammy Ward *MINUTES MOTION by Commissioner Stulberg, seconded by Commissioner Tierney to approve Lhe Minutes for May 11, 1988 as submitted. Roll Call Vote. 6 Ayes. Motion Carried. PUBLIC HEARINGS Chairman Plufka introduced the request. Coordinator Dillerud provided an overview of the May 17, 1988 staff report. Coordinator Dillerud noted a response by the petitioner regarding the inclusion of the Devac building as an office. Chairman Pauba opened the Public Hearing. Commissioner Marofsky inquired as to what area would be rezoned to B-3 and questioned if this would include the outlot. Coordinator Dillerud explained that it would show as an extension of the MPUD zoning of the property located next door and would not have distinct lines on the map. Director Tremere stated that if the IP is changed to CL upon Council approval, the ultimate underlying zoning for purposes of the record will be B-3 where it indicates CS and B-1 where it indicates CL. By virtue of the Planned Unit Development plan, then the location of the uses would be what the Council approves. He added that this would be similar to the NW Business Campus. -109- =�s \;-N> MOTION TO APPROVE VOTE - MOTION CARRIED RYAN CONSTRUCTION CO. REZONING, M.P.U.D. PRELIMINARY PLAT, SITE PLAN AND CONDITIONAL USE PERMIT TO AMEND PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND UNDERTAKE WORK IN FLOODWAY. (88033) Page 110 Planning Commission Minutes May 25, 1988 Commissioner Marofsky noted that the Engineer's Report indicated that the access road should be moved further to the east (Phase I access be moved to the east to match the proposed access to the Phase II). He inquired what this would do with respect to the outlot. Engineer Harrison indicated that this item has been addressed between staff and the developer and is willing to accept the interim design (access road) out onto the frontage road. The owner will provide financial guarantees that the road can be relocated to where the City selects, at the time the City selects, based on the capacity of the intersection and improvements needed to meet capacity needs. Commissioner Marofsky inquired if there was an assurance as to when the Devac outlot would be developed. Coordinator Dillerud confirmed that there were no assurances, however, the acquisition is proposed for late 1989. Commissioner Marofsky inquired about ownership of the property. Coordinator Dillerud advised that the petitioner did not currently own the property, however, they did have a purchase agreement with a time line for the possession. Director Tremere added that the property owner has authorized the approval of Ryan's plz.ns and this will hold, from the City's prospective, unless the plans are amended. Commissioner Zylla was concerned with the Devac site and wanted to have some type of assurance that the approved concept plan would be develope,.. Director Tremere advised that the City has no control over the timing regarding the non -conforming use, however, another party could not redevelop the site without the City's prior scrutiny. Chairman Plufka advised that the Commission's responsibility was to make recommendations to the City Council with stipulations, and the questions should be directed to the petitioner. Chairman Plufka introduced the petitioner, Alan Schackman, of Ryan Construction. Mr. Schackman stated that the staff had done an excellent Job summarizing the proposal, and discussed the access issue and the Devac site issue. Mr. Schackman responded to Commissioner Zylla's questions regarding "high-tech" and advised that there would be compliance with the guiding for office use at a future time. He indicated that what Ryan proposes is an upgrade from the existing conditions and that is what the City Council was looking for. Mr. Schackman advised that Ryan does not currently own the property, however, they intend to have ownership by October 1989. Regarding access concerns, he said Ryan can post the necessary financial guarantees. Commissioner Marofsky inquired if there was a binding agreement with the owners of the Devac site, or if there were any contingencies regarding the sale of the property, where either of the parties could back out. Mr. Schackman = �_Lb Page 111 Planning Commission Minutes May 25, 1988 indicated that Ryan could not default on the agreement. He added that the seller could deliver possession prior to October 1989. This would be unlikely. Chairman Plufka opened the Public Hearing. There was no one present to speak on this proposal. Chairman PlufKa closed the Public Hearing. Chairman Plufka confirmed with Mr. Schackman that the future bank site would be platted as an outlot since the proposed site has not been fully acquired. Commissioner Zylla indicated that he was not opposed to the concept; however, he did want to make sure that the City gets what it is supposed to get and did not want to be left with only part of a plan. He expressed his concern that some type of assurance be set by the City Attorney that the Devac site would indeed be changed to conform to the guiding Director Tremere indicated that there are no absolute guarantees and that this was a unique situation. He stated that it was better to have the land included in a Planned Unit Development Plan, with the existing building, than to not have the land included. The site would still have a building on it, with a non -conforming use. This proposal has the best options with good intentions. Mr. Schackman advised the Commission that Ryio takes pride in what they develop, and they have never done any less than what they were committed to do. Commissioner Tierney inquired if the Devac site is used for office, will there need to be a change in the parking requirements. Mr. Schackman stated that any plan for the outlot must stand on its own. Commissioner Tierney inquired if the Conditional Use Permit was due to the encroachment on the the floodplain and questioned if this would be an encroachment regardless of the parking requirements. Mr. Schackman advised that the Engineer's Study indicates that the encroachment is minute and does not affect the flowage of water. Commissioner Marofsky inquired about the foot bridge having no connection with the SO Groves site. He also mentioned the soil in the back area was the worst available soil. Mr. Schackman stated that the trail was designed to be a foot trail, used by pedestrian traffic. He added that the intent is to connect the system with the SJ Groves site during Phase III of the development. Mr. Schackman also Indicated that the impact on the Bassett Creek Flood plain Is minimal. With regard to the soil, Mr. Schackman indicat- ed that Ryan does not build on bad soil and measures would be taken to improve the soil. Page 112_ Planning Commission Minutes May 25, 1988 Coordinator Dillerud noted that Item Report needed to be modified to reflect to modify the curb cuts and be explanations. 24 of the Engineer's the agreement status consistent with the =-"U Motion by Commissioner Wire, seconded by Commissioner Zylla to recommend approval of the preliminary plat/plan, rezoning, Conditional Use Permit and Planned Unit MOTION TO APPRO! Development subject to the 1st Condition being revised to be in compliance with the City Engineer's Memo as amended and Conditions 2-7 as stated. Commissioner Wire moved to amend the main motion by adding a MOTION TO AMEND MAIC Condition 8 to allow a parking variance if they have B-2 MOTION uses, rather than the B-3 uses in the center. No second, the motion fails. VOTE - MOTION FAILS Motion by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Wire that a new Condition 8 shall show the Lot 1, Block 2 (.4 acres) as an outlot. Director Tremere inquired if the reason was to assure packaging of the land to create a buildable site. Commissioner Marofsky indicated the reason was it is a non -buildable site at .4. Roll Call Vote. 6 Ayes. Motion Carried. Commissioner Zylla moved, seconded by Commissioner Marofsky to amend the main motion by adding a Condition 9 that the City Council gain assurance from the developer, now, that the non -conforming use on the Devac property be eliminated by a specific date so the proposed Planned Unit Development Plan can be fully implemented. Commissioner Marofsky clarified the motion for Commissioner Tierney: this developer should be responsible for any economic considerations regarding displacement of the Devac plant and jobs. Roll Call Vote. 3 Ayes. Commissioners Stulberg, Tierney and Chairman Plufka Nays. Motion fails on the tie. Discussion ensued; Commissioner said he disagreed with the condition, but he understood the intent - to realize the proposed use. Commissioner Marofsky said the key issue is that Ryan is creating the non -conforming use with their proposed zoning, and they should be held accountable for implementing the plans that were deemed a basis for changing the guiding and zoning. VOTE - MOTION CARRIE[ MOTION TO AMEND VOTE - MOTION FAILS Page 113 Planning Commission Minutes May 25, 1988 Motion by Chairman Plufka, seconded by Commissioner Marofsky for an amendment to restore Condition 8 as a new Condition 9. Roll Call Vote. 6 Ayes. Chairman Plufka introduced the request. The reading of the May 16, 1988 Staff Report was waived. Chairman Plufka introduced the petitioner's representative, Harold Voth, Metropolitan Waste Control Commission, 350 Metro Square, St. Paul, MN. Mr. Voth gave an overview of the project along with a history of the site. Mr. Voth stated that the lift station is currently at or near capacity. Mr. Voth indicated two items on the staff report which did not receive recommendations by staff. The first being the setback between the roadway and the buildings, and the second item was the variance for two principal buildings on accomplished, however, they would be restricted on the west side by the existing station. The new station would have to be moved further to the east which would be further in the floodway of Bassett Creek. The current proposal compresses the facility and minimizes impact on Bassett Creek. Mr. Voth indicated that the reason for the two structures is an effort to coordinate the aesthetics with the adjacent property owners. Commissioner Stulberg stated that items 6,5 and 3 of the variance findings were adequately addressed by the petitioner. However, regarding item 4, he felt that no physical hardships were indicated by the petitioner. Mr. Voth concurred that there were no physical constraints or ordinance standards they could show caused the need for a variance. Commissioner Wire asked if the redesign to one structure, would be, from an engineering standpoint, a better design. Mr. Voth indicated that both options were comparable, yet there were some advantages. Commissioner Wire asked what the cost would be to redesign the project. Mr. Voth stated that he would estimate the cost to be approximately $30,000 and there would be a significant time delay if the project was to be redesigned because they have proceeded to schedule the work an to solicit bids based upon their plans. Commissioner Wire inquired if the added cost would be charged to the Citizens of Plymouth. Mr. Voth indicated that the revenues from the seven county Metro area would be assessed for the additional amount. Commissioner Marofsky inquired if the proposed site would be adequate to handle sewer use projections through the year 2030. Mr. Voth indicated that it would and the only change that would need to be made is the pumps, which are internal, and this would not change the building design. TO AML t, VOTE - MOTION CARRIF METROPOLITAN WAST CONTROL COMMISSIO PRELIMINARY PLAT, SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE TO CONSTRUC-1 A SANITARY LIFT STATION AND TO ALLO% CONSTUCTION WITHIN THE FLOODWAY (88033) Page 114 Planning Commission Minutes May 25, 1988 Commissioner Tierney asked the petitioner if they were content with the aesthetics. The petitioner indicated their preference was for the single building, however, they were content with the two building proposal. Chairman Plufka opened the Public Hearing. There were no speakers on behalf of this proposal and the Public Hearing was closed. Commissioner Wire asked why the adjoining property owners were interested in the two building design. Mr. Voth reiterated that the single building site would be two feet above the roadway and the two building site plan would be less visible. Motion by Commissioner Wire, seconded by Commissioner Zylla to approve the preliminary plan/plat, site plan, Conditional Use Permit and variances subject to the six conditions listed in the staff report. Coordinator Dillerud noted that condition six had some typing that should have been deleted and this would be removed from condition six. Roll Call Vote on approval. 4 Ayes. Commissioners Stulberg and Marofsky, Nays. MOTION carried. Chairman Plufka introduced the request. Coordinator Dillerud provided an overview of the May 17, 1988 staff report and pointed out the two basic issues addressed in the staff report: Item 8 in the primary issues and analysis, regarding the Thoroughfare Guide Plan and item 2 of the staff comments,with regard to the conservation and preservation of the natural environment. A Planned Unit Development approach would seem appropriate except the size of the parcel did not qualify. Chairman Plufka introduced the petitioner, dim Orr, Schoell & Madson, Inc., 10550 Wayzata Boulevard, Minnetonka, MN 55343. Mr. Orr indicated that the items in the staff report had previously been addressed in concept, and there now appeared to be a communication gap, possibly due to the change in staff. Chairman Plufka asked Mr. Orr to respond to the following three items: 1) City's Code Standards on conservation and preservation of natural environment, 2) street grade and, 3) private driveway access to Sunset Trail. Mr. Orr indicated that engineering staff had originally indicated a positive recommendation for the 8% grade. He stated that the reason for the grade was for the preservation of the trees. Mr. Orr added that the reason they were interested in the site was due to its topography and trees and they were oing to preserve that land the best that they could. Mr. �rr also S U �p VOTE - MOTION CARRIE[ WOOD POINTI DEVELOPMENT GROUP, PRELIMINARY PLAT ANk' FINAL PLAT (88O44 ;' Page 115 Planning Commission Minutes May 25, 1988 indicated that he did not feel that the area was being over developed. Mr. Orr disagreed with staff comments regarding poor sight distance on lots 1,3 an 14. Chairman Plufka opened the Public Hearing. Dianne Camp, 11403 Sunset Trail, expressed concern for the preservation of the natural ammenities. Ms. Camp was also concerned about Sunset Trail, indicating that it was already a very busy and dangerous street. Ms. Camp indicated that it would be much safer if the road would access on 6th Avenue, or perhaps on Sunset Trail, if it were lined up with the existing intersection at Balsam Lane. Ms. Camp indicated that it was a shame to put a house directly in front of the existing house. She also added that the configuration of Lot 2 was "absolutely ridiculous." Phyllis Ransom, 11415 Sunset Trail, stated that Sunset Trail is indeed a very busy and dangerous road. She stated it is very hard to back out onto Sunset Trail. Ms. Ransom was also concerned with the loss of trees due to the development. Regina Sjoquist, 11317 Sunset Trail, stated that she lives directly across from the proposed Cottonwood Lane. Ms Sjoquist indicated that with the proposed street access, headlights would hit her windows, exhaust fumes would blow towards her house, making it virtually impossible to live in her home. She indicated that she has lived at this location for 32 years. Ms. Sjoquist also expressed concern regarding how busy and dangerous Sunset Trail is. She felt that access from 6th Avenue would be a much better proposal. Ms Sjoquist inquired as to when the construction would begin. Mr. Orr indicated that 6th Avenue was in the 5 Year Capital Improvement plan. He added that the timing was uncertain and made 6th Avenue unfeasible, besides which, there would be grading problems. Mr. Orr noted that the existing house will not have a house built in front of it. Mr. Robinson, 11203 Sunset Trail, expressed concern for the grading. Mr. Robinson was also concerned with Lots 1 & 2. He indicated that there is a nasty curve at Balsam Lane and the proposed driveways would make the road even more dangerous. Mr. Robinson stated that there were water pro- blems in the area and inquired if this development would only add to their current water problems. Mr. Orr explained the design of Lots 1 & 2, indicating that Lot 1 would be a walkout lot and would take a minimum amount of fill. Chairman Plufka closed the Public Hearing. Page 116 Planning Commission Minutes May 25, 1988 Marofsky inquired about the Thoroughfare Guide Plan and where the connector street would come ii-. Engineer Harrison explained the alternative contemplated for a north/south road between 6th Avenue and Sunset Trail. He added that access to 6th Avenue was not more feasible than the proposed Sunset Trail. Commissioner Wire inquired as to the City's standards regarding curves. Engineer Harrison explained that the City did not have any set standards, but in the past they have used a minimum curve at a 300 foot radius. Engineer Harrison indicated that they may look at moving Sunset Trail to the north. Director Tremere explained that, whereas 6th Avenue North was in the 5 -year Capital Improvement Plan, the road could be built as developed warranted. The Capital Improvement Plan is the City's statement that, notwithstanding development, the road will be done via public works project means. Commissioner Wire inquired about the possibility of reducing the curve to make the access safer. He agreed with the residents' concern about the intersection in the middle of the block. Mr. Orr stated that they have considered Balsam Lane, but this road would have grading problems. Other alternatives were examined and were found to be inappropriate. Commissioner Marofsky inquired if lots 11 and 12 could have a driveway that Lot 14 could use, possibly solving part of the problem with the private driveways. Mr. Orr indicated that they had proposed that idea, however, staff had pointed out the ordinance standards for frontage and the potential for public safety problems. Commissioner Marofsky stated that there may be a public safety issue. Director Tremere indicated that an emergency could create a problem with the long private drives, in lieu of actual access to the abutting public street. Commissioner Zylla indicated that he does not see the 7%/8% street grade as an issue. However, he is concerned with the possible public safety issue. He added that the proposal should be redesigned to a single access point or wait until 6th Avenue is completed. Commission Zylla stated that he was sympathetic to the developer, however, supported the denial because of the public safety issues. Commissioner Marofsky inquired about exiting on 6th Avenue. Engineer Harrison indicated that there was no preference, but access to future 6th Avenue would be viewed as less desireable than access onto Sunset Trail since it would carry more through traffic. Commissioner Tierney inquired =—" b Page 117 Planning Commission Minutes May 25, 1988 if the bend could be straightened for access onto Balsam Lane. Chairman Plufka indicate that the redesign was not up to the Commission or Staff. Motion by Commissioner Zylla, seconded by Commissioner Tierney to recommend for denial of the preliminary plat, deleting findings 1 and 2 from the staff recommended action and renumbering finding 3 to be finding 1. Roll Call Vote. 4 Ayes. Commissioners Stulberg and Plufka Nay. MOTION carried. Mr. Orr asked for clarification of the reasons for the recommendation. Commissioner Wire indicated his reason was the access problem. Commissioner Marofsky indicated that he would like to see the private drives onto Sunset Trail eliminated. Commissioner Tierney indicated she did not like the number of driveways onto Sunset Trail and felt the street in the middle of the development was discourteous to the resident across the way. Commissioner Zylla cited his previous concerns; access was the main one. Chairman 11lufka introduced the request. The reading of the May 17, 1988 Staff Report was waived. Chairman Plufka introduced the petitioner Mr. Greg DeWeese. Mr. Greg DeWeese, Little Caesars Pizza of MN, Inc., stated tha. he had no comments and agreed with the staff report. Chairman Plufka opened the Public Hearing. There was no one present to speak on the proposal and the Public Hearing was closed. Motion by Commissioner Wire, seconded by Commissioner Stulberg to recommend approval subject to the 9 conditions listed in the staff report. Vote. 6 Ayes. MOTION carried. Chairman Plufka called for a five minute recess at 10:25. The meeting resumed at 10:32 p.m. NEW BUSINESS Chairman Plufka introduced the request. The reading of the May 16, 1988 Staff Report was waived. The petitioner was not present; however, comments were heard from those present. Mr. Tom Lanenberg,15040 20th Avenue North, President of Cimarron East, stated that there is a "large mess" from the previous building that was constructed. He stated that the grass is uncut, and the sod is dead. Mr. Lanenberg stated " �0 D MOTION FOR DENIA VOTE - MOTION T! RECOMMEND DENIA CARRIED GREG DEWEESE, LITTLE CAESARS PIZZA OF MN INC. CONDITIONAL uSE- PERMIT (8804' JOHN LAVENDER, CALIBER DEVELOPMENT CORP. SITE PLANS AND VARIANCES (88038/39) Page 118 Planning Commission Minutes May 25, 1988 that the residents of Cimarron East take pride in their area and would like to see something done to have this area cleaned up. Mr. Sanford, 1870 Black Oaks Lane, stated that he is on the Board for Cimarron East and confirmed that there is "a mess" from the construction of the previous building at the site. He added that the the berm does not belong to Cimarron East and they were to maintain it until the completion of the building. No one else is maintaining it at this time. Chairman Plufka asked if the petitioner owned Phase I. Coordinator Dillerud indicated that he did not know. Chairman Plufka suggested that this item be deferred until the next meeting. He asked that staff determine who owns the existing building, and perhaps this would be a City enforcement problem. Director Tremere indicated that those present at this meeting could be sent notices for the future meeting. U Motion by Chairman Plufka, seconded by Commissioner Stulberg to defer this item and to direct staff to determine MOTION TO DEFEi ownership of the site anu any special conditions of approval for the original plat that would apply here regarding maintenance of the open area.. Vote to Defer. 6 Ayes. MOTION carried. OLD BUSINESS Chairman Plufka introduced the request. The reading of the May 17, 1988 Staff report was waived. Chairman Plufka introduced the petitioner, Mr. Ihor Panchenko. Mr. Panchenko advised that the proposal was redesigned to accommodate the changes. He stated that regarding the Engineer's Report, the calculations were on their way. Mr. Panchenko indicated that they were willing to do whatever was necessary for approval. Sherm Goldberg indicated that the resolution should reflect compliance with the City Engineer's May 18, 1988 Memorandum, not the April 16, 1988 as stated. Commissioner Marofsky inquired if Prudential Properties had been notified of this meeting. Coordinator Dillerud indicated that they had not. Commissioner Zylla inquired if any other materials than those depicted were ever used for construction. Mr. Panchenko indicated that they were not. Commissioner Zylla stated that he had been to the Eden Prairie location which had brick and stucco exterior and said he was not impressed with the physical appearance of the proposed bulding. VOTE - MOTION CARRIEL: IHOR PANCHEWO, SUPER 8 MOTEL. SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE (88017) Page 119 Planning Commission Minutes May 25, 1988 —=-- \.-O Motion by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky,to recommend approval subject to the conditions listed in the staff report, by striking item 8 and renumbering. The approval is of the revised plans submitted after the initial hearing. Commissioner Wire inquired about keeping the variances despite the Planning Commission's direction. Mr. Panchenko indicated that without the variances, they could only put a 35-40 unit building on the site, however, this would not be economically feasible. The site has shape constraints and they did make some plan changes to improve circulation. Roll Call Vote. 4 ayes. Commissioners Wire and Zylla Nay. VOTE - MOTION CARRIE' Vote. Motion Carried. Commissioner Wire stated that he did not feel that the petitioner presented adequate reasons for the setback variances. OTHER BUSINESS ADJOURNMENT: The meeting adjourned at 10:58. May 31, 1988 Mr. Bob Marquette Aacron, Inc. 2705 Cheshire Lane Plymouth, MN 55441 SUBJECT: MEETING CONCERNING THE REQUIREMENTS AND PROVISIONS OF SARA TITLE III Dear Mr. Marquette: The Plymouth Department of Public Safety, and in particular the Fire Department, is hosting a coffee and roll meeting for Wednesday, June 15 at 9:30 A.M. in the Plymouth City Center. The purpose of this meeting is two fold. First, we want to reach out and get to know the persons in our community who are responsible for notifications and reporting requirements of SARA. It just makes good sense to me that we be on a first name basis and be able to identify each other if an emergency should arise in the future. Secondly, I believe that there is some confusion caused by these government regulations. It is our hope to cut through some of the red tape and discuss what this law really means to us in the protection of your employees, residents living in the vicinity of your company, and the environment in general. The fire chief and two of his Fire Prevention Inspectors will be at this meeting. We look forward to your participation. Sincerely, Richard J. Carlqui Public Safety Director cc: James G. Willis, City Manager 340') PLYN1O1JTH BOULEVARD. PLYMOUTH MINN SOTF. (612 550-28X pa•— T L C c gc a .. a v.E T~y y �00 o g m o c�, •� .5 m Tm:.. o y h G y _ EL�EE y�C7WaTe1fA c. .°w > n� m vv2E rci2L be T co m2 as E�,giceg"J. ° x�w�'� cw j, c gr I '"a C c 3 N o F d va aQ �o � v' LrJ mm 7 a3 NE nV,1 U H P. ri t- T— � �o'Sr`�9 '��� �'3 •cam =�'�co `•d� CL T'rJ• OC�Ci 'rJ' >$ � 2 d� orJ' ' �p �'o_.+6 ��^t:e Jam:° t�-� N A•D yyC t�0 a T yy � J _ rmm m c m pa•— T L C c gc a .. a v.E T~y y �00 o g m o c�, •� .5 m Tm:.. o y h G y _ EL�EE y�C7WaTe1fA c. .°w > n� m vv2E rci2L be T co m2 as E�,giceg"J. ° x�w�'� cw j, c gr I '"a C c 3 N o F d va aQ �o � v' LrJ mm 7 a3 NE nV,1 U H P. ri t- T— -7--- e St. Paul Pioneer Press Dispatch Wednesday, June 1 156: rrr MTC Continued from Page 1 them 90 percent of the property taxes they pay MTC. The only other criterion for leaving is that the city must be at the end of the MTC lines. Eagan, for exam- ple, couldn't leave before Apple Valley because Eagan is closer to the Twin Cities on the MTC route. Sia of the cities thinking about leaving are in Dakota Count} four of those are involved in a joint study with two Scott County cities. And two Hennepin County sub- urbs are mulling it over as well. Whether any of those cities will actually ever leave MTC remains to be seen, although some are clearly leaning toward it. But some of the five cities that have taken the big step are convinced that suburban cities can provide a lot better transit service by leaving the huge MTC sys- tem. It would be almost impossible to provide less service for the money, they said. In Plymouth, assistant city manager Frank Boyles said the city never received any MTC service even though it was forced to pay a little more than $1 mil- lion annually. Plymouth did get a small amount of service from the tiny Medicine Lake Lines. In 1983, Plymouth became the first city to leave MTC, and Boyles said he couldn't be happier with the results. The property tax money that once went to MTC now pays for commuter service to downtown Minneapolis and circulator service inside the Ply- mouth city limits. For suburbs, the expense of starting a separate bus system is not as great as it might appear. Both Ply- mouth and Shakopee lease vehicles from private com- panies, which are responsible for maintenance and re- pairs. The municipalities don't have to buy anything. Shakopee's Stock said most suburban cities still don't realize the potential of crafting a bus system spe- cifically for their residents, rather than playing a small role in the huge MTC. "Whv not do it?" Stock asks. "You've got nothing to lose and everything to gain." Ed Kouneski, a program manager for the Regional Transit Board, the planning body that oversees the MTC and other transit services, said the RTB neither encourages nor discourages cities from getting awa\ from MTC. The RTB is only interested in improvini' transit programs in the suburbs. "Opt -out does have a benefit," Kouneski said. "You, idea wouldn't be competing for funds with other com- munities. And your tag dollars are earmarked for your community." Kouneski said one of the RTB's main concerns L coordination between the bus systems that develop. The region needs to consider developing ways to trans- fer between systems, he added, and possibly should look at some sort of regional bus pass. Apple Valley; Burnsville, Eagan, Prior Lake Rosemount and Savage are conducting a joint study of their transit options. Dean Johnson, the Rosemount community development director who is heading that study group, said a consultant will begin the work in July. I Johnson said the study will help determine whether` the cities should leave the MTC. It's possible that they will come up with a small regional system that serves all six cities. But some of the cities simply haven't given transit a ' lot of thought. Eagan city administrator Tom Hedger said he doesn't hear many complaints about bus serv- ice, and since city officials are generally busy with other things, the topic has been left on the back burner. "Nobody here is jumping up and down saying that we've got to opt out," Hedges said. A legislative audit of the RTB early this year showed that Eagan's interest in transit isn't unsual. Most cities the auditor consulted gave transit a "low" or "very low" priority. The same audit criticized the RTB for not gathering more input from suburban cities or increasing service in the suburbs. The auditor recommended that the RTB establish better communication lines with the- outlying heoutlying cities. Johnson said the RTB seems to be heeding that ad- " vice. The six Dakota and Scott County communities doing the joint study have secured a ;50,000 grant from the RTB for their opt -out study, and the RTB's staff is also going to provide technical assistance. Cimarron East Homeowners Association, Inc. 1489819th Ave. No. Plymc ath, MN 55441 149y 19, 1988 Yr. Janes G. Willis, City Niarnger City of Pymouth 3400 Plymnvt�` Soule„lard Pl ymo»th , Mirn. 1-1,447 Tear Mr. '`'illi s, C,, T'e: Possi'^le EnvirnnTMertal Problem, 21st Avenue North, west of Fernbr�nk Lane. There is qr old rYojr?rb wvich goes s-Tnethin^ pike this. "Sugar P-ets nore rPsults than v*'re�,a,”. CAse in mint. Last fal-', =;s r, responsible reTrber ^f the Cimarron East Board of 1'irectors, I received a Tna_lirr-, from one of your Erviror-ertal -people -elatir, - to a --;-oblem which had been detected at the s,-r.thwest corner of our development. It called for tree removal as called for by your ^rdinarce. 1.e complied immediately ar.d I advised your stn --"f by phone. Another case in point. For two da;fi now, I have been trying to get s^me help from City staff relatinp- to the possibility of noxious weeds ani a general cleanup of prop-rty on w�-;ich you currently have a sivn which reads Proposed Development. The phone number su-Qests (F12) 559-2800, Extensi_or 218 and t�-N call foY details. I refer to a rarcel (or parcels) on the south side of 21st Avenue exterdirp frnTn a point about 200 feet west of a new building up to or..e o` your water installati^rs to the west near the berm area beiorging to -,i)r Associati nn. I am a volunteer. I do not have the time to go to the City offices cerci to be directed to one or more of the City Departments. What we have been nskir-- for is ir.format'_or as to the ownership of the narcel (or parcels) which obviously you *rust know if your staff are c^rsiderinr-r a proposal for development. So far I have talked with the Enviror_mPntal Department, the Assessing Department and the Plarnincr De-partment. We are wnnderinm if you could please help us proceed in getting s^me in4'orngtinn about the conditions of the debris, dead trees and so or.. we have 184 taxpayers in our Association and about 20 units for sale. We fight a constant battle with overcoming bad vi seal impress; -ors of our area. It is quite likely that other Real Estate agents may have other reasons for not liking wheat they see in these adjoining areas. pap -e 2 Cimarron East Homeowners Association, Inc. 14898 19th Ave. No. Plymouth, MN 55441 Yes, I am P Realtor, however I am ccn�erned fcr our owners whether nr not I -IQ-ht ultimately represent them. From time tc time I aet feedraolr frn+n ether acents to the effect that "Cimarron Fast is not as ricely cared f -r ap Cimarror. Ponds" and so or.. Part of this is our aeo7raphical distribution, of course. A solution mlaht be a r^tice to the owrers of the prrcels to get bulldo7Prs or bobcats in there for 3 to 4 hours ani to dramatically charge the ar,neararce or the area. Assess them if they don't cn-+plp vIthlr a few. dags. ,e did, w1,y not that ot,.ner. p?av we hRlre your re.snonse. Respectfull yours CTNA ,'P' ? EAST HOMEO'.,Nr'"' 4 ASS(,C!A'1I01% m le D. Ssrdsta�lSecr,y cc: Bop rd ^.P-Ohers e May 27, 1988 Mr. Kenyon D. Sandstad Secretary Cimarron East HOA, Inc. 14898 - 19th Avenue North Plymouth, MN 55441 SUBJECT: LANDSCAPING AT 14305 - 21ST AVENUE NORTH Dear Mr. Sandstad: Your May 19, 1988 letter expresses concern with the quality of the lands- caping at 14305 - 21st Avenue North. As I understand, you raised a similar concern during the Planning Commission review of a petition by this developer to construct additional buildings west of this building. As a result of your letter and Planning Commission discussions, I have inspected the site, as has Al Cottingham, Associate Planner. I am attaching a copy of Al's memorandum, identifying his findings. Briefly, he states that a portion of the berm has not been restored to the original state, and some dumping of miscellaneous materials has occurred to the west of the site which should be cleaned up. The City currently holds a landscaping bond which will be held until these problems are remedied. I hope that this memorandum is responsive to your concerns about the adequacy of the ljandscaping at this address. S Gere , Frank yles Assistant City Manager FB :kec attachment 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55441. TELEPHONE (612) 559-2800 _ GC"_ MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEV7RD, PLYNT=, MIRv=A 55447 DATE: May 26, 1988 TO: Chuck Dillerud, Community Development Coordinator FROM: Al Cottingham, Associate Planner e5? L SUBJECT: LANDSCAPING AT THE SOUTHWEST CORNER OF 21ST AVENUE AND FERNBROOK LANE (86004) On Thursday, May 26, 1988 I inspected the above site and noted that with the reconstruction of the retaining wall on the south side of the property, a portion of the property berm had been effected during construction and had not been restored to its original state. Also, an area to the west of the retaining wall had been disturbed during construction and th-s area had been seeded rather than sodding. During construction of this building, they had dumped some miscellaneous materials on the site to the west which has not been cleaned up to date. The City has a letter of credit in the amount of $25,000 covering the landscaping for this site. The developer will be notified of the problems that are noted today and prior to any reduction of the financial guarantee, these items will need to be taken care of. As a secondary issue the current developer of the land to the west of this building is not related to the developer of this site and the City has had a good relationship with this developer and the project he put up at the northeast corner of 23rd Avenue and Niagara Lane. AC/tw cc: File 86004 °v lo FARMHAND, INC. Joe Lund President May 24, 1988 Mr. James G. Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Willis: Shorewood Village Center P. 0. Box 1500 Excelsior, Minnesota 55331 (612) 474-1941 Thank you for your letter of May 18 in response to mine of May 9 concerning Plymouth's 2 A.M.-5 A.M. parking ban. Without becoming an argumentative "pain in the neck", I feel compelled to respond to your letter. Your five "answers" are very "reasonable" and are, in themselves, "reasons why" the solution (parking ban from 2 A.M. - 5 A.M.) can be presented as a "good idea". My argument will address two aspects of how I believe the reasoning to be misleading: I. The law does not directly relate to any of the reasons set forth. 2. The restrictions on the citizenry does not directly relate to any of the reasons set forth. In fact, the streets are "parking lots". They are designed and used to permit cars to be parked on the streets and not impede the movement of traffic. Of course, the term "parking lot" denigrates the argument into something it is not. The streets are meant to accommodate parked cars for the use of the citizenry. If your reasons (til, X13 or #5) were true, the "parking ban" would not be limited to 3 hours in the middle of the night. They would be enforced 24 hours a day. This is also true of A. I appreciate the difficult role of a police officer. I can understand how, particularly in the 2 A.M. - 5 A.M. time period, they can be apprehensive and even frightened because of the potential dangers that exist in the execution of their duties. I am also appreciative of the way the Plymouth police carry out their duties. However, if we start to believe that we can 7-7c\10 Mr. James G. Willis City of Plymouth May 24, 1988 Pagd -2- pass a plethora of laws that will assist them in catching criminals by restricting the activities of the citizenry, we are on our way toward martial law. Again, if this is the purpose of the law, we could be much more effective if we had a curfew and did not allow anyone on the streets between 2 A.M. - 5 A.M. Conversely, for you to state that "The vehicles on the street during these early morning hours can be immediately identi- fied as 'suspicious'..." is very scary. We had some friends visit our home and they left at 3 A.M. Forgetting about the 2 A.M. - 5 A.M. law, they received a ticket. I think they would have been more careful if they had known they would be "under suspicion" by the police as they left my house. Your reason X14 is the best argument, in my view, but still doesn't respond to the question. 1) There are already laws about parking during snowplow- ing. 2) Sealcoating is rare and the public works advises us, in advance, of the need to clear the street. That leaves 3) street sweeping. First, it is not only between 2 A.M. - 5 A.M. that the street sweeping occurs, but that is the only time the law applies. Second, if you (the law) were to specify a day and a time that a specific street was to be cleaned, the citizenry would not only be responsive, but, enthusiastic. With a reason like this that makes practical sense, you will receive enthusiastic response because we want our streets clean. As to my second argument: The restrictions on the citizenry does not directly relate to any of the reasons for the law. 1. The fact that I have a driveway and a garage is not responsive as to why no one can park in front of my house (on the street). It assumes conditions that are not true. Besides that, it is argumentative. Where you live (I live on a cul-de-sac, for example) is significant in whether the argument is applicable. The other main argument is that the hours of 2-5 A.M. are not at all responsive to your point. If what you say is true, it should be a 24 hour law. The fact that the law is so narrow (2-5 A.M.) only enforces the argument that any expansion of the law would be strongly resisted. 2. I doubt that the residents of Plymouth realize that the officials (police) would consider them "suspicious" under the circumstances that you relate. I would be very surprised if the average citizens would consider themselves the bad guys. Yet, this law makes us lawbreakers when we merely forget that the law changes at 2 A.M. 3. A citizen doing this action does not and cannot cause any of the reasons you stated. The act, in itself, doesn't do anything but cause "suspicion". The time frame is even arbitrary and spurious, as you admit -- (the results you show in the evening and after 5 A.M. are not covered by the law). Mr. James G. Willis City of Plvmouth May 24, 1988 PaQd -3- The importance of this disagreement is there are "reasons" to do it. When individuals are restricted, by law, in their behavior, it must be a compelling reason that their unrestricted actions will cause a danger to people and/or property. It must be a "clear and present danger" and not just a "good idea." We can come up with hundreds of "good ideas" about the way other people ought to live. We must first keep in mind freedom. Restriction and "suspicion" must be pulled out reluctantly. We must worry about becoming "elitist" and telling others how they must live. My real worry about this law is that it is an "elitist" law (that cars parked on the street are "unsightly and may reduce real estate values"). This, of course, is an argument also put forth by those who want to restrict the'kind of people' that live next door to us. I trust that the enclosed plans for my house will fall within both the letter and spirit of the law. I intend to offer "free night parking" to my neighbors. I will, in fact, turn my lot into the "parking lot" that you suggest. We will answer four of your "reasons." Of course, they still may be "suspicious," but, we'll never know. Please advise me if this plan violates any other "good idea" laws of which I may not be aware. I don't want to break the law. You did not respond to my "results" question. Please let me know the number of "snowbirds" "abandoned" cars from year to year. Also, please let me know the "reduction in vandalism and trespassing at night" that you state is a result. Also, please let me know the number of tickets imposed on the innocent citizens where no other charge was forthcoming against them. This is the cost of freedom paid for the results. I insist on knowing whether it is "worth it." My car (or my family's car or friend's car) is not an impediment nor a danger to any of the citizens of Plymouth. It is not "abandoned," it is not "suspicious," it does not stop safety vehicles. Yet, it is unlawful for no reason. I will continue my opposition to this arbitrary law; but, I will also obey it (except by mistake). Would you please indicate approval of my "parking lot" plan. Mr. James G. Willis City of Plymouth May 24, 1988 Page -4- Sincere y, Joseph J. Lund JJL/eo Enclosure CC: Jerry Sisk Mayor and City Council Richard Carlquist, Public Safety Director May 18, 1988 Mr. Joseph J. Lund 2705 Holly Lane Plymouth, MN 55447 Dear Mr. Lund: Thank you for your letter of May 9 addressed to Councilmember Jerry Sisk. Jerry has asked that I try and respond to your concerns with respect to the City's 2 a.m. to 5 a.m. parking ban. I appreciate your belief that the 2 a.m. to 5 a.m. parking ban is "a bad law." I respectfully disagree. The City Council initiated the current policy four or five years ago. Some of the reasons for this are as follows: 1. Public streets are not "parking lots." All homes, as well as businesses, in the community are expected to have sufficient off-street parking to accommodate their particular uses. In residential areas, most single family detached homes have garages, as well as sufficient driveways for the parking of the vehicles owned by the occupants or guests. Similarly, attached residential dwellings, including apartments, are required to have sufficient off-street .parking so as to accommodate the occupants and occasional guests. Finally, of course, commercial/industrial structures are required to have adequate off-street parking to accommodate all employees. 2. The 2 a.m. to 5 a.m. ban has been instrumental in reducing vandalism and trespassing at night. The vehicles on the street during these early morning hours can be immediately identified as "suspicious" by our patrolling police vehicles. 3. Plymouth streets are safer to pedestrians and motor vehicle operators alike, particularly before and after normal working hours and on weekends because fewer people now park their vehicles on the streets. This provides both pedestrian, bike and motor vehicles with less encumbered vision than would otherwise be the case if the streets were used as parking lots as was previously the case. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 V Mr. Joseph J. Lund May 18, 1988 Page 2 4. Street maintenance functions, such as street sweeping, sealcoating and snowplowing are accomplished more quickly than would otherwise occur because people are used to using off-street, rather than on -street parking. 5. Parking on some streets constitutes an impediment to getting public safety vehicles to emergency response destinations. The parking ban has almost eliminated this problem during the evening and early morning hours, the time when most fire calls are received. I believe the foregoing are purposes for having established the 2 a.m. to 5 a.m. parking ban. I can assure you it is not to "punish" you or any citizen of our fine community. We do recognize that there may be times when situations arise which would make strict adherense to the ordinance difficult. For example, following the sealcoating or paving of a driveway it is not prudent to have cars drive across the new surface for a period of time. In such instances our Public Safety Department, when informed in advance, is prepared to cooperate with the homeowner. Thank you for your interest and concern with respect to this matter. Sincerely, mes G. Willis C ty Manager JW:kec cc: Mayor and City Council Richard Carlquist, Public Safety Director FARMHAND, INE. Shorewood Village Center P. 0. Box 1500 Excelsic , Minnesota 55331 Joe Lund President May 9, 1988 Mr. Jerry Sisk 17015 - 24th Avenue North Plymouth, Minnesota 55447 Dear Jerry: 16121 474-1941 Concerning our discussion on Sunday about the parking restrictions on Plymouth streets between 2-5 A.M. I believe this law to be a bad law. It penalizes and restricts the residents of Plymouth for no valid reason. As I understand your explanation, the concern that the law addresses is the abandonment of vehicles. Obviously, a car on the street at 2:00 A.M. on any day is a long way from considering it "abandoned." Surely, there is a more reasonable definition that should be used -- perhaps 72 hours when a car has been "unmoved." But, as clearly as I see the unreasonableness behind this rationale, I see the unreasonableness behind the real problem: It is not the fact of the cars; it's the difficulty of enforcement. It's easy to say, "Any car on the street get's a ticket." No discretion, no difficulty for the police. A similar law could be passed to limit burglaries (taking place under cover of darkness); after sundown, anyone on the street will be arrested. Or, drunken driving (also more prolific after dark), any driver on our roads will be arrested. I think you (the council) are punishing the citizenry with little justification. We should be trying to make it easier for the citizens, not tougher. Would you let me know the statistics that precipitated the law; how many abandoned, snowbird, vehicles were dealt with the year before the law? How many this past year? The difference will show the effective- ness of the law. Now, how many tickets were issued in order to get these results? Is it worth it? I'd bet not. Limiting people's freedoms shouldn't be so cheap. Z= C\10 `1r. Jerry Sisk: May 9, 1988 Page -2- It seems to me that the laws are meant for protection. I cannot speed or go through stop signs because I endanger others. I can't burn leaves because I foul the air (a public domain).. What do I do when my car is parked in front of my house between 2-5 A.M.? Is there a reason that the citizenry of Plymouth doesn't want my car in front of my house between 2-5 A.M.? Is it my car that is a problem? I would appreciate any consideration you can give to help remove this arbitrary law from the booi:s. Thank you. S incere ly, , i Joseph J. Lund JJL/eo JINI RANISTAD Senator 45th Di,tria 2618 Cro,b% ko.kd N\a%zata. Niinne,ot.:;:y (61 -1, -1-5-;;65 Office: Senate L? State Office Buildin_ Saint Paul. Minnesota 55155 (612 1296-9-'4;1 State of Minnesota May 27, 1988 James G. Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim: Your're absolutely correct about the property tax provisions of the recently enacted Omnibus Tax Bill. The suburban taxpayers will again see sizeable property tax increases to support local spending habits in outstate Minnesota. This DFL "reform" is closely akin to the "equity funding" for schools enacted in 1987. Both schemes serve to redistribute the wealth by hitting the suburbs inordinately hard. I must admit that I did not realize just how bad the property tax provisions were when we voted in the Senate. Also, I'm very pleased that our group decided unanimously to "sue the bastards," which is not only appropriate legal action but, in my judgment, a winning lawsuit as the Constitutional arguments are quite strong in our favor. Thanks again for your letter and your decisive action. I only wish we had more to say about taxing and spending matters in the Legislature. Bt. regards, J RAMSTAD State Senator COMMITTEES • Education • EmploN-ment • Finance • JudiciarN SERVING: Golden Vallee. Medicine Lake. ?Minnetonka. Ply mouth. Wayzata - CA May 26, 1988 Mayor Schneider City Hall 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Schneider: I'm writing in response to our telephone conversation we had last week. My complaints are as follows: I purchased my home at 12030 28th Ave. North, in Plymouth on 6-1-86. Since the purchase of my home I've done extensive landszaping to the tune of $30,000 plus, not counting my sweat equity. I also pay $6,400 a year in property taxes. Since last July 1987, I've had to put up with a rock, asphalt, cement and a iron dump. This dump is located next door (N.E.). This is truly an eyesore and this has reduced my property value. The city issued a permit for this project, but did nothing to monitor it. Now I suffer the effects! Secondly, Mr. Jerry Juelich is now renting out two dock slips on a dock slip that we are sharing. This is a clear zoning violation. Last year someone stole my boat moter, I'm not blaming Mr. Juelich or his renters, but you can see it adds to the problem of security. There is also a question of legal liability if someone would get hurt on the dock. I bought my home for privacy not a public asses. Mr. Juelich and the renters both stated, that they pay Juelich $75 a month and Juelich stated he receives $75 from each renter. Finally, Juelich stated to me that the boulevard in front of my home would be sodded in July of 1986. It's still not sodded and the weeds grow 4 ft. high in the summer. It is an eyesore and creates a weed problem for my lawn. Please Mr. Schneider I would appreciate any help you could offer. Sincerely, William Haberman Dr. David L. Kennedy & Dr. Clinton C. Strehle Optometrists 1025 N 1:vcrgrecn Lane • Plymuuth, ;!1\ 55441 • lc1. 612-545-8850 may 27, 1988 Mr. Eric Blank Park & Recreation Dept. City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55441 Dear Eric, I'm writing to urge your department to plan and support the expansion of Tennis participation in Plymouth by developing new public tennis courts preferably in the Plymouth City Center area. As a citizen of Plymouth for 14 years, my family and I have participated in many of the Plymouth - sponsored events - tennis tournaments, soccer and swimming. We would like to have tennis courts in the central area of Plymouth - hopefully when discussion of a Central Park concept might be. The trail system seems to be coming along well and perhaps the paths could be used by adults and teenagers for biking or walking to the central courts. Please look into the possibility of developing these Tennis Courts. Thank you for your time. Sincerely, N-Ij �t�4� Clinton C. Strehle, O.D. CCS:mk IMFOAL TQ Wy W� CWY WAML pox UKWo a Its D �---- PWZ WM XBOMUTM Ma A merica-s Doctors of Optometn /M and :\mcn: aD-l-, Opr-nrr n arc scn ..e marks and rn,icm arks of :\merira's Uucu,rt of opi urnorn. c May 31, 1988 p(C-1 PLYMOM+ Mr. Mark McCullough 1900 First Bank Place West Minneapolis, MN 55402 SUBJECT: XENIUM LANE EXTENSION Dear Mr. McCullough: Thank you for your letter of May 19 in which you again express your interest in the extension of Xenium Lane. As I have communicated to you previously, this matter will be the subject of discussion as we consider updating the City's five-year Capital Improvement Program. Yours truly, ames G. Willis C ty Manager JGW:jm cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNFSUTA 55447. TELEPHONE (1612) 559-2800 SKAAR &- MCCULLOUGH HARVEY E. SKAAR MARK C. MCCULLOUGH James Willis CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: :21 C� �:� 1900 FIRST BANK PLACE WE - MINNEAPOLIS, MINNESOTA 5 5402-18 93 (612) 333 - 1511 May 19, 1988 Re: Xenium Lane Extension I sent your letter of April 14, 1988, to the persons and companies interested in this matter. All parties are very disappointed with the City's reaction to an obvious and inevitable problem caused by the City's failure to provide adequate access, as called for in the comprehensive plan, before allowing the construction of the numerous projects in this area. In your letter you acknowledge that the traffic usage on 34th Avenue "could change with continuing development." In light of the additional 370 to 500 apartment units being constructed on Xenium Lane, and with the new development in the Northwest Business Campus, we believe it is obvious that traffic usage will change with continuing development. Our request to have Strgar-Roscoe-Fausch do an estimate of future traffic usage was not to demonstrate the inevitable to us, but to the City. Obviously by the time the actual traffic count reaches a level when the City feels it should do something, there will be an substantial period of time necessary for planning, acquisition and construction before something can actually be done. Why not address the problem now? One of the major criticisms I've heard of local cities, including the City of Plymouth, is that the cities react to problems, rather than act to avoid problems. This criticism appears to be justified in the present case. While we all can empathize with the City's fiscal concerns, we do not feel that these concerns should be placed ahead of the inevitable traffic and safety problems presented for the residents of Heritage Estates as traffic continues to build over the next weeks and months. I am certain if you and the City Council Members visit our neighborhood on a week night and see the number of children playing near the residential streets, you will better understand our concerns for turning our residential streets into a James Willis CITY OF PLYMOUTH May 19, 1988 Page 2 collector street, even on a temporary basis, due to the City's failure to adequately plan for the development it has allowed. Thank you for your consideration of these concerns. Very tc�ly our Mar C. McC, ough MCM:slr cc: See Attached Mailing List (including Plymouth City Council Members) MAILING LIST PLYMOUTH CITY COUNCIL Ron Clark City of Plymouth RON CLARK CONSTRUCTION 3400 Plymouth Boulevard 5114 Edina Industrial Boulevard Plymouth, MN 55447 Edina, MN 55435 Michael L. Mulligan Alan Hamel Vice President—Communications GAUGHAN COMPANIES SUPER VALUE STORES, INC. 299 NW Coon Rapids Boulevard P.O. Box 990 Coon Rapids, MN 55433 Minnepolis, MN 55440 Connie Anderson, President Stan Hultberg, Jr. HERITAGE HIGHLANDS HOMEOWNERS 12910 - 34th Avenue North ASSOCIATION Plymouth, MN 55441 3735 Vinewood Lane North Plymouth, MN 55441 Norman D. Herbst 3385 Sycamore Lane Richard Fyock, General Manager Plymouth, MN 55441 SCANTICON 3131 Campus Drive Jerome Begin Plymouth, MN 55441 BEGIN CONTRACTING COMPANY 13600 Rockford Road Carlos Hodge Plymouth, MN 55441 PRUDENTIAL INSURANCE COMPANY Minneapolis Realty Group Office 3530 Multifoods Tower Minneapolis, MN 55402 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 June 1, 1988 MEMO DATE: James G. Willis, City Manager TO: Bob Zitur FROM: STATEMENT - BUDGET STUDY SESSION SUBJECT MEMO PACKET OF MAY 27, 1988 - RUMOR, ETC. My statement for the record is, that I was told by a reliable source that when the new community service officer came on board, that he was hired to remain in the office at the time. Further, that the Council directed this. This councilmember did not vote at last year's budget session for a new community service officer to do solely office work! This past year I had the opportunity to ride along in the CSO wagon until the wee hours of the morning, and I clearly understand the position of a CSO. cc: Information Memo Mayor & City Council North Star Risk Services, Inc. May 27, 1988 Mr. Richard Carlquist Director of Public Safety City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dick: Just a quick note to extend my sincere thanks to you for your participation in our recent loss control workshops in Mankato and Rochester. Your presentations are a valuable resource for law enforcement personnel and greatly assist in "spreading the gospel" on the subject of law enforcement liability issues. I especially appreciate your willingness to allow us to videotape your presentation. As we assist member cities in the League of Minnesota Cities Insurance Trust, these videotape presentations should provide them with some valuable resource material. Again, thank you for all your assistance, and I hope to see you aga'in in the near future. Sincerely, Dave Drugg Loss Control Manager DLD/cp 0 1401 West 76th Street, Suite 550 0 Minneapolis, Afinnesota 55423 ■ (612) 861-8600 ■ FAX (612) 861-8643 ,lune 1, 1988 Mayor Virgil Schneider and City Council City of Plymouth ' 3400 Plymouth Blvd. Plymouth, Minnesota 5544T Dear Mayor and Cite Council: You probably have seen by now my criticism at a recent Planning Commission meeting over the City's requirement to fire sprinkler the Pat Goff townhouse project north of County Road 9 on Fernbrook avenue. Apparently the City staff made its standard request to the developer on the need to have paved fire lanes around the buildings and the developer agreed to the fire sprinklering in lieu of the fire lanes. 1 have had concerns about the City's fire lane ordinance before I used the word ludicrous to describe the City's requirement of fire sprinklering this residential townhouse project. I would lilce to provide a fe,.: follow --up comments directly to the council or, this sub iect. I am aware that the City does require fire sprinkler systems in industrial and commercial projects. Fire sprinklering is also required in multi -residential districts exceeding 3 stories in height. I read in awe the ordinance adoption in January of this year wherein the width of fire lanes was expanded from 12 feet to 15 feet to accommodate larger equipment, but the Pat Goff sprinkler requirement is going beyond what I believe is a reasonable interpretion of the current ordinance. I believe that the original intent of providing fire lanes to enhance the ability of emergency vehicles to suppress fires has been carried too far in the city of Plymouth. I believe it is reasonable for the fire department to participate in the site planning process and to make recommendations to enhance the accessibility of all sides of structures in order to suppress fires. I do not believe that a site planning process should be predicated on the installation of fire lanes nor should the City put pressure on developers to fire sprinkler residential multiple family dwelings less than 3 stories in height whether they are owned or rental. Nor do I believe from a site planning point of view that we ought to be requiring 7 ton paved fire lanes of 15 feet in width in areas that would typically (or should) be green area. I am fully supportive of the efforts made by the Public Safety Department sucess in Plymouth and feel very strongly about the adenerale I avantags na notcanti-life accomplished by volunteer fire departments in _ safety, but rather pragmatic in my approach to site design and the enforcement of reasonable ordinance provisions in our community. i ;�robal i don't have alt the facts ncr d:: _r;a\-e the timc nla,Kir research effort. but. I do behevc that tt 4 Ilr,. laat pI'i 1510;1 i;. pl �-inouth are unique to Nvillouth. Tile lan: ua2 e contained in tri code is not language adopted from either the National or the Stat(- f 11•l codes. Since Plymouth has a right to modify- the state code the question thee, becomes hot, stringent ought Plymouth be in adopting its own fire code. Fire lanes constructed mean fire lanes maintained 12 months out of the I would like to know khat our record is relative to enforcing the year. maintenance of fire lanes. Are we requirixiZ this mass of asphalt to be constructed only to have this area unmaintained' Up until recently- my wife thought the fire lane around the Plymouth Raquet Club was a running track. Maybe it should be. At least then it would serve some functional purpose. Does anyone 1:now whf9t tile: cost per sctuare foot is to build these lanes to a I ton standard'' Besides the concerns for the aesthetics of the site which I believe arE_ diminished with thc construction of asphalt fire lanes. 1 would think we would have some concern for the lack of percolation that we create with thes,:= additional impervious surfaces. It v-ould seen-, to me that with the fire apparatus we have in the city- combined with the placement of fire- hydrants irehydrants and looped water systems that we mandate in any sit( approval process that our fire department has sufficient tools that tiler need to suppress fires without the need for blachtopped fire lades. Lastly, let me state that I thinly. that %,e can all agree that buildiiles don't. start fires people do, ane that while occasionally equipment fails resulting in a fire, for the most part the best fire protection is a Food fire prevention program which includes regular inspection of buildings bv the fire department. Blacktopped fire lanes to me are a reactive rather than a proactive approach to a good fire prevention program. If we need a blacktopped fire lane, its already- too late. I think the Citi- has over reached in requiring fire sprinkiering of residential buildings less than 3 stories and I air: concerned that not only; is the city adding an unnecessary- cost to a developer which ultimates - gets passed to a homeowner or a renter, but we are fostering an unfavorable opinion of ourselves by the development community- and establishing a precedent which I believe is unnecessary in the metropolitan community and our city. CSincerely, Dennis Zylla P. S. A letter will also follow with my opinions on area assessments for down -guiding and requiring structured. parking in office -warehouse projects. I also do not agreed with the city on these issues. city of bloomington, minnesota Municipal Building • 2215 West Old Shakopee Road • Bloomington, Minnesota 55431-3096 • (612) 881-5811 June 1, 1988 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 We have been advised that an executive committee of the bench of Hennepin County District Court has approved a proposal to transfer jury trials from the Brookdale, Southdale and Ridgedale court facilities to the Hennepin County Government Center. The full bench is scheduled to vote on the proposal on June 6, 1988. On May 23, 1988, the City Council of the City of Bloomington unanimously approved a resolution opposing the transfer of Bloomington's jury trials from the Southdale court facility to the Hennepin County Government Center. Enclosed is a copy of that resolution. The City of Bloomington consented to moving its court to Southdale with the understanding that all court and jury trials would be conducted at the Southdale facility. Moving the jury trials downtown would impose a substantial burden on the City Attorney's staff and the police department. In addition, civilian wit- nesses, many of whom reside in Bloomington, would be inconvenienced. It is a simple fact that many suburban residents are unfamiliar with downtown Minneapolis and would not be pleased with the expense and unavailability of parking. The City Council and City staff believe this proposed move would result in significant increases in the cost of prosecution, ranging from increased loss of worktime for police and prosecutors, additional overtime pay and probable increases in personnel. The City of Bloomington urges your support in opposing this action. E. L. Woulfe, CMC City Clerk , City of Bloomington ELW/kc enc. - AN AFFIRMATIVE ACTION EQUAL OPPORTUNITY EMPLOYER Telecommunications Device for the Deaf (612) 887-967; RESOLUTION NO. 88 - 7; A RESOLUTION IN OPPOSITION TO TRANSFERRING JURY TRIALS FROM THE SOUTHDALE COU,:T FACILITY TO THE DOWNTOWN HENNEPIN COUNTY GOVERNMENT CENTER WHEREAS, the City of Bloomington is the official governing body of the City of Bloomington; and WHEREAS, state law previously required that a municipal court facility be located in the City of Bloomington for prosecution of misdemeanor offenses occurring within the City's jurisdiction; and WHEREAS, the City of Bloomington consented to moving the Bloomington municipal court facility to Southdale based on Hennepin County's representation that all court and jury trials would be conducted at the Southdale facility; and WHEREAS, tht Southdale court facility has sufficient courtroom space to accommodate the handling of all court and jury trials for municipalities located in Division IV; and WHEREAS, the City has been informed that an executive committee of the Hennepin County District Court judges voted recently to transfer the handling of Bloomington jury trials from the Southdale facility to the downtown Hennepin County Government Center; and WHEREAS, the entire Hennepin County bench is scheduled to vote on the above proposal on June 6, 1988; and WHEREAS, the Bloomington City Attorney's Office presently assigns two attorneys to handle criminal prosecution and moving Bloomington's jury trials from Southdale to the Hennepin County Government Center would strain its ability to make all required court appearances including arraignments, pre -trials and court trials, and thereby likely result in cases being dismissed; and S: G WHEREAS, the Bloomington Police Department is strongly opposed to the proposed move because of the in-reased time and cost involved in travelling downtown and the fact that police officers can currently be working and "on- call" when jury trials are processed at the Southdale facility; and WHEREAS, it is the experience of the City Attorney's Office that civilian witnesses are often reluctant to travel downtown because of excess time lost from work; unfamiliarity with downtown; and cost and availability of parking and that this general reluctance will make it more difficult to successfully prosecute cases; and WHEREAS, it is highly likely that suburban jury trials would have low priority for jury assignment in the downtown facility and that a backlog of cases would inevitably develop; and WHEREAS, moving jury trials downtown would further distance the residents of Bloomington from their court system and constitute a waste of taxpayers money expended for construction of the Southdale facility; and WHEREAS, the transfer of jury trials from the Southdale facility to the Hennepin County Government Center will result in substantial increases in the total cost of prosecution for the City of Bloomington, including loss of police and attorney work time, increased overtime pay, and probable increases in personnel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLOOMINGTON IN REGULAR MEETING ASSEMBLED, that the City Council strongly opposes the proposed transfer of Bloomington's jury trials from the Southdale court facility to the downtown Hennepin County Government Center for the foregoing reasons. 7 - BE IT FURTHER RESOLVED, that a copy of this resolution be sent to each member of the Hennepin County Commissioners, °loomington's representatives in the State Legislature and the mayors of each municipality located in Division II (Brookdale), Division III (Ridgedale) and Division IV (Southdale). Passed and adopted this 23rd day of May 1988. ATTEST: Secretary to the Council