HomeMy WebLinkAboutCity Council Packet 11-23-1987 SpecialCITY OF PLYMOUTH
A G E N D A
SPECIAL COUNCIL MEETING
NOVEMBER 23, 1987
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the
City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in
which event the item will be removed from the consent agenda and considered
in normal sequence on the agenda.
1. CALL TO ORDER 7:30 P.M.
2. INVOCATION
3. ROLL CALL
4. CONSENT AGENDA
5. MINUTES - Approval of Minutes of the Regular Council
meeting of November 16, 1987
6. PUBLIC HEARINGS
A. County Road 6,/I-494 interchange layout and
environmental assessment
7. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Report of building aesthetics task force
B. Final Council approval of Residential Survey
questionnaire
C. Jerome Hensen for Lyndale Terminal Co. Amend
resolution approving site plan for Holiday Plus
Store, 4445 Nathan Lane (83025)
D. Disbursements for period ending October 31, 1987
E. Approval of payment No. 6, Parkers Lake site
improvements
8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Policy updates
B. Public and Capital Improvement project status
report including New C.R. 9 and water treatment
plant
C. CCR Reports
9. ADJOURNMENT
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M I N U T E S
REGULAR COUNCIL MEETING
NOVEMBER 16, 1987
A regular meeting of the Plymouth City Council was called to
order by Mayor Schneider at 7:30 p.m. in the City Council
Chambers of the City Center at 3400 Plymouth Boulevard on
November 16, 1987.
PRESENT: Mayor Schneider, Councilmembers Vasiliou, Crain, and
Sisk, City Manager Willis, Assistant Manager Boyles,
Planning Director Tremere, Public Works Director
Moore, City Attorney Thomson, and City Clerk Brandt
ABSENT: Councilmember Zitur
CONSENT AGENDA
Motion was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA
Vasiliou, to adopt the consent agenda deferring item 7-D-1. Item 4
Motion carried on a Roll Call vote, four ayes.
MINUTES
MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES - REGULAR
Vasiliou, to approve the minutes of the Regular Council meeting MEETING, NOV. 2 &
of November 2 and the Special Council meeting of November 4, SPECIAL MEETING,
1987 as submitted. NOV. 4, 1987
Item 5*
Motion carried on a Roll Call vote, four ayes.
PUBLIC HEARINGS
Mayor Schneider opened the public hearing at 7:34 p.m. PUBLIC HEARING, TRAIL
EASEMENT, CARLSON CTR.
No one chose to speak and the hearing was closed at 7:34 p.m. Item 6-A
MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO. 87-750
member Crain, to adopt RESOLUTION NO. 87-750 AUTHORIZING THE EASEMENT VACATION
VACATION OF CERTAIN TRAIL EASEMENTS IN LOTS 1 THROUGH 4, BLOCK CARLSON CENTER FIFTH
1, CARLSON CENTER FIFTH ADDITION. Item 6-A
Motion carried on a Roll Call vote, four ayes.
Mayor Schneider opened the public hearing at 7:35 p.m. PUBLIC HEARING,
EASEMENT VACATION
No one chose to speak and the hearing was closed at 7:35 p.m. Item 6-B
Regular Council Meeting
November 16, 1987
Page 343
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-751
Crain, to adopt RESOLUTION NO. 87-751 AUTHORIZING THE VACATION EASEMENT VACATION
OF CERTAIN UTILITY AND DRAINAGE EASEMENTS AND DRAINAGE EASEMENTS PARKERS LAKE NORTH
FOR PONDING PURPOSES IN OUTLOTS F AND I, PARKERS LAKE NORTH 2ND 2ND ADDITION
ADDITION. Item 6-B
Motion carried on a Roll Call vote, four ayes.
Mayor Schneider opened the public hearing at 7:37 p.m.
Joanne Reilly Lamb, 11266 49th Ave., stated she is concerned
about safety in the neighborhood and would like to see the addi-
tional street lights.
Jean Tokar, 11271 49th Ave., stated she favored the additional
street lights.
Virginia Kershisnik, 5066 Arrowood Lane, stated she gets no
light from the existing street lights and would like to see the
additional lights.
Director Moore stated the number of street lights in Jamestown
are the same as in other parts of the City, however, there are
more houses and the lots are smaller.
Mayor Schneider closed the hearing at 7:42 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 87-752 ORDERING PROJECT, ADDI-
TIONAL STREET LIGHTING, JAMESTOWN ADDITION.
Motion carried on a Roll Call vote, four ayes.
Mayor Schneider opened the public hearing at 7:45 p.m.
Mike McConnell, 9820 29th Ave., stated he favors additional
street lights but questioned their location.
Director Moore stated the location of the street lights is
determined by the location of the transformers. Another light
could not be added without holding an additional public hearing.
Eli Baruch, 9705 29th Ave., stated there should be another light
at 29th and Pilgrim Lane.
Mayor Schneider explained that this is another development and
they would have to petition for it.
Discussion followed on who would pay for the additional light
and whether a neighbor could put up his own light on a telephone
pole when it shines into neighbors' windows.
Don Lorenz, 2965 Kilmer Lane, favors the additional lights al-
though he didn't sign the petition.
PUBLIC HEARING, STREET
LIGHTING, JAMESTOWN
Item 6-C
RESOLUTION NO. 87-752
ORDERING PROJECT
STREET LIGHTING
JAMESTOWN ADDITION
Item 6-C
PUBLIC HEARING, STREET
LIGHTING, DEVRIES 2ND
Item 6-D
rj
Regular Council Meeting
November 16, 1987
Page 344
Mayor Schneider closed the hearing at 8:00 p.m.
MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-753
ber Vasiliou, to adopt RESOLUTION NO. 87-753 ORDERING PROSECT, ORDERING PROSECT
STREET LIGHTING, DEVRIES 2ND ADDITION. STREET LIGHTING
DEVRIES 2ND ADDITION
Motion carried on a Roll Call vote, four ayes. Item 6-D
Attorney Thomson stated, regarding the light on the telephone
pole, that there are some communities which have ordinances con-
troling the light level at property lines but there would pro-
bably be problems with enforcement.
MOTION was made by Councilmember Sisk, seconded by Mayor
Schneider, that staff investigate an ordinance giving the City
authority to regulate the shedding of light from one property to
another.
Motion carried, four ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-754
Vasiliou, to adopt RESOLUTION NO. 87-754 APPROVING FINAL PLAT FINAL PLAT & DEV.
AND DEVELOPMENT CONTRACT FOR HERITAGE RIDGE FOR AL STOBBE, HOST CONTRACT, HERITAGE
DEVELOPMENT (86087) (RPUD 87-2). RIDGE (86087)
Item 7-A*
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-755
Vasiliou, to adopt RESOLUTION NO. 87-755 SETTING CONDITIONS TO SETTING CONDITIONS
BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR HERITAGE FINAL PLAT
RIDGE FOR AL STOBBE, HOST DEVELOPMENT (86087) (RPUD 87-2). HERITAGE RIDGE
86087)
Motion carried on a Roll Call vote, four ayes. Item 7-A*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-756
Vasiliou, to adopt RESOLUTION NO. 87-756 ADOPTING ASSESSMENTS, ADOPTING ASSESSMENTS
PROSECT NO. 803, SANITARY SEWER AND WATERMAIN AREA, HERITAGE SEWER & WATERMAIN
RIDGE ADDITION in the amount of $7,106. HERITAGE RIDGE ADDN.
PROSECT 803
Motion carried on a Roll Call vote, four ayes. Item 7-A*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-757
Vasiliou, to adopt RESOLUTION NO. 87-757 AMENDING RESOLUTION AMENDING RES. 87-66
NO. 87-66 WHICH APPROVED A RESIDENTIAL PLANNED UNIT DEVELOPMENT APPROVING RPUD 87-2
CONCEPT PLAN, PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT HERITAGE RIDGE (86087)
FOR IMAGE HOMES FOR HERITAGE RIDGE (86087) (RPUD 87-2). Item 7-A*
Motion carried on a Roll Call vote, four ayes.
Councilmember Vasiliou asked about the condition setting hours C.U.P. FOR TCBY YOGURT
of operation and whether the City wants to do this. (87111)
Item 7-B
Regular Council Meeting
November 16, 1987
Page 345
Director Tremere stated the petitioner stated their hours would
be 10:00 a.m. to 10:00 p.m. so the Planning Commission made this
a condition. It would cost the petitioner $120 to amend the
conditional use permit to change the hours. The ordinance does
not require hours of operation to be a condition of approval.
MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-758
ber Vasiliou, to adopt RESOLUTION NO. 87-758 APPROVING A CONDI- C.U.P., FREEMAN'S INC.
TIONAL USE PERMIT FOR CRAIG FREEMAN, FREEMAN'S, INC. FOR TCBY TCBY YOGURT SHOP
YOGURT SHOP (87111). (87111)
Item 7-B
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-759
Vasiliou, to adopt RESOLUTION NO. 87-759 AUTHORIZING RELEASE OF BOND RELEASE
SITE PERFORMANCE GUARANTEE FOR CARLSON COMPANIES (86134). CARLSON COMPANIES
86134)
Motion carried on a Roll Call vote, four ayes. Item 7-C-1*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-760
Vasiliou, to adopt RESOLUTION NO. 87-760 AUTHORIZING RELEASE OF BOND RETE SE
SITE PERFORMANCE GUARANTEE FOR CIMARRON BUSINESS CENTER (86004). CIMARRON BUSINESS
CENTER (86004)
Motion carried on a Roll Call vote, four ayes. Item 7-C-2*
MOTION was made by Councilmember Crain, seconded by Mayor BOND REDUCTION
Schneider, to defer consideration of the financial guarantee COTTONWOOD PLAZA
reduction for Begin Construction for property located at 3900 86124)
Vinewood Lane 86124) until the staff completes further investi- Item 7-D-1
gation of the status of required performance guarantees for site
improvements and subdivision improvements.
Director Tremere explained that the petitioner's engineer had
been informed of this.
Motion carried, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-761
Vasiliou, to adopt RESOLUTION NO. 87-761 AUTHORIZING REDUCTION BOND REDUCTION
OF SITE PERFORMANCE GUARANTEE FOR TIMBERTON COMPANY (83054) to TIMBERTON COMPANY
70,000. (83054)
Item 7-D-2*
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-762
Vasiliou, to adopt RESOLUTION NO. 87-762 REDUCING DEVELOPMENT BOND REDUCTION
BOND, HERITAGE WEST 2ND ADDITION (86048) to $14,672. HERITAGE WEST 2ND
ADDN. (86048)
Motion carried on a Roll Call vote, four ayes. Item 7-D-3*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-763
Vasiliou, to adopt RESOLUTION NO. 87-763 REDUCING DEVELOPMENT BOND REDUCTION
BOND, HERITAGE RIDGE ADDITION (86087) to $37,975. HERITAGE RIDGE ADDN.
86087)
Motion carried on a Roll Call vote, four ayes. Item 7-D-4*
Regular Council Meeting
r November 16, 1987
Page 346
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-764
Vasiliou, to adopt RESOLUTION NO. 87-764 REDUCING DEVELOPMENT BOND REDUCTION
BOND, DEERWOOD GLEN PLAT ONE (85050) to $6,057. DEERWOOD GLEN PLAT ONE
85050)
Motion carried on a Roll Call vote, four ayes. Item 7-D-5*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-765
Vasiliou, to adopt RESOLUTION NO. 87-765 REDUCING DEVELOPMENT BOND REDUCTION
BOND, BASS LAKE HEIGHTS ADDITION (83008) to $3,000. BASS LAKE HEIGHTS
ADDN. (83008)
Motion carried on a Roll Call vote, four ayes. Item 7-D-6*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-766
Vasiliou, to adopt RESOLUTION NO. 87-766 REDUCING DEVELOPMENT BOND REDUCTION
BOND, BASS LAKE HEIGHTS 2ND ADDITION (83008) to $200. BASS LAKE HEIGHTS
2ND ADDN. (83008)
Motion carried on a Roll Call vote, four ayes. Item 7-D-7*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-767
Vasiliou, to adopt RESOLUTION NO. 87-767 REDUCING DEVELOPMENT BOND REDUCTION
BOND, BASS LAKE HEIGHTS 3RD ADDITION (83008) to $1,000. BASS LAKE HEIGHTS
3RD ADDN. (83008)
Motion carried on a Roll Call vote, four ayes. Item 7-D-8*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-768
Vasiliou, to adopt RESOLUTION NO. 87-768 REDUCING DEVELOPMENT BOND REDUCTION
BOND, BASS LAKE HEIGHTS 4TH ADDITION (85126) to $17,833. BASS LAKE HEIGHTS
4TH ADDN. (85126)
Motion carried on a Roll Call vote, four ayes. Item 7-D-9*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-769
Vasiliou, to adopt RESOLUTION NO. 87-769 AWARDING BID, CARLSON AWARDING BID
CENTER 8TH ADDITION, PROSECT NO. 751, to Bury & Carlson, Inc. of CARLSON CENTER 8TH
Golden Valley, Minnesota in the amount of $149,569.84. PROSECT 751
Item 7-E*
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-770
Vasiliou, to adopt RESOLUTION NO. 87-770 DECLARING ADEQUACY OF ORDERING REPORT
PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, STREET LIGHTING
WIND RIDGE AT BASS LAKE 6TH ADDITION. WIND RIDGE AT BASS
LAKE 6TH ADDITION
Motion carried on a Roll Call vote, four ayes. Item 7-F*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-771
Vasiliou, to adopt RESOLUTION NO. 87-771 APPROVING CHANGE ORDER CHANGE ORDER NO. 1
NO. 1, ZACHARY LANE WATER TREATMENT PLANT, PROSECT NO. 431 by WATER TREATMENT PLANT
adding $4,252.28. PROSECT 431
Item 7-G*
Motion carried on a Roll Call vote, four ayes.
Regular Council Meeting
November 16, 1987
Page 347
MOTION was made by Councilmember Sisk, seconded by Councilmember
VdSilioU, to adopt RESOLUTION NO. 87-772 REQUEST FOR PAYMENT
NO. 6, GROVES OFFICE PARK AREA IMPROVEMENT PROSECT, PROSECT NO.
648 in the amount of $3,409.06 to Bury and Carlson, Inc.
Motion carried on a Roll Call vote, four ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
RESOLUTION NO. 87-772
REQUEST FOR PAYMENT
NO. 6, GROVES OFFICE
PARK, PROSECT 648
Item 7-H*
Councilmember Vasiliou asked about the parcel in Shennandoah 2nd TAX FORFEIT LANDS
Addition and whether this is part of a PUD and who owned it. Item 8-A
She would like the homeowners association notified that it is
available because they could use it for parking.
Regarding the cartway parcel in Creekwood Hills, Director Moore
stated the lot lines in the adjacent plats meet.
Manager Willis stated he wanted the adjacent property owners to
have the opportunity to obtain one half the cartway width abut-
ting their rear yards.
Assistant Manager Boyles stated the County conducts two differ-
ent types of property sales; one is for the public and the
second is a private sale to the adjacent property owners of pro-
perty which would only be of use to them.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-773
Crain, to adopt RESOLUTION NO. 87-773 AUTHORIZING THE SALE OF AUTHORIZING SALE 0
CERTAIN TAX FORFEIT PARCELS. TAX FORFEIT PARCELS
Item 8-A
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-774
Crain, to adopt RESOLUTION NO. 87-774 AUTHORIZING THE PRIVATE AUTHORIZING PRIVATE
SALE OF PARCEL NO. 33-118-22-13-0049 TO THE ADJACENT PROPERTY SALE, TAX FORFEIT
OWNERS. PARCEL
Item 8-A
Motion carried on a Roll Call vote, four ayes.
Director Moore stated the object was to have trash and recycling SOLID WASTE
picked up on the same day. However, this is not workable and PROMOTIONAL PLAN
the proposal now is that the recycler will pickup every Thurs- ELEMENTS
day and garbage pick up schedules will remain the same. Item 8-B
The recycling containers should be delivered mid-January for
distribution to homes before the program begins on February 1,
1988.
The Council will review the draft of the recycling handout,
which will be sent to homeowners, at a December Council meeting.
Councilmember Vasiliou cautioned about information overload and
stated it should be kept simple and easy to read.
Regular Council Meeting
November 16, 1987
Page 348
Discussion was held on the weekly sweepstakes. The Council
agreed the drawing amount should accumulate from week to week if
not won and not require an entry application.
Director Moore stated two haulers are testing a separate yard
waste collection system and have determined it is a break even
situation. They believe 4 - 6 week collection periods during
the spring and fall would be effective and all the haulers be
required to participate as part of their license responsibili-
ties.
The Council stated some way must be determined so the City
receives credit for the composting materials.
Director Moore stated it has been suggested that a coupon system
be established with the recycler leaving the discount coupon to
be used by the homeowner with his hauler in lieu of volume based
pricing.
Communications Coordinator LaFave will have a draft of the hand-
out design at the December 7 meeting.
Councilmember Vasiliou suggested having high school and Junior
high school students design the artwork to cut costs rather than
a graphic designer.
MOTION was made by Mayor Schneider, seconded by Councilmember
Sisk, that S.D. 284 be asked to participate with a $100 prize
for the winning design. If S.D. 284 does not want the project,
S.D. 281 and then S.D. 279 should be contacted.
Motion carried, four ayes.
Assistant Manager Boyles stated the timeline could have to be
set back if the schools are used because it may not fit their
schedule.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Vasiliou, to adopt the Solid Waste Promotional Plan.
Motion carried, four ayes.
Councilmember Sisk asked about the timing of Medina Road and how
it coincides with the water installation in that area.
Director Moore answered that the water will be put in two years
before the road because of the water tower.
Mayor Schneider stated his concern that Zachary Lane will need
substantial work which would require its being closed for some
time.
FIVE YEAR IMPROVEMENT
PLAN, 1988-1992
Item 8-C
Regular Council Meeting
November 16, 1987
Page 349
Councilmember Crain asked about the intersection of 494 and
Schmidt Lake Road; whether it would be necessary and that it be
planned for carefully.
Manager Willis stated the timing of this would probably mean the
road would have to be rebuilt, but this is a long time away.
Director Moore stated the right-of-way will be preserved for the
time when it is required.
Councilmember Sisk suggested the road be part of the park plan
for West Medicine Lake Park so they are considered together.
Manager Willis stated the sanitary sewer trunks being added in
1990-92 would extend service almost to the Metropolitan Urban
Service Area (MUSA) boundary.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION NO. 87-775 APPROVING ADOPTING OF
FIVE YEAR IMPROVEMENTS PROGRAM, 1988-1992.
Motion carried on a Roll Call vote, four ayes.
OTHER BUSINESS
MOTION was made by Councilmember Sisk, seconded by Councilmember
Vasiliou, that a letter be sent to S.D. 284 stating it is not in
the best interest of the City to be issuing tickets to enforce
their smoking ban in the school and responses to their requests
will be a "routine" priority item with the police.
Motion carried, four ayes.
The meeting adjourned at 9:42 p.m.
City Clerk
RESOLUTION NO. 87-775
ADOPT1Nn FIVE YEAR
IMPROVEMENT PLAN
1988-1992
Item 8-C
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: November 19, 1987 For City Council Meeting of November 23, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Public Hearing on Location/Design of
County Road 6/T.H. 494 Interchange
City Project No. 250
The City Council and the Minnesota Department of Transportation will
hold a joint public hearing at 7:30 p.m., November 23 to discuss the
location, design features and the social, economic and environmental
effects of a proposed interchange on County Road 6 at Trunk Highway
494. Attached is information which gives a brief overview of the
project. Randy Geerdes, Strgar-Roscoe-Fausch, Inc. the City's
Consulting Engineer on the project, will make a presentation at this
public hearing.
The public hearing will be preceded by an informal open house
beginning at 6:30 p.m. The preliminary layout, the Environmental
Assessment and related data will be available for review and
inspection.
This public hearing is part of the Federal requirements for the
establishment of this interchange. No action is required of the City
Council at the conclusion of the public hearing. Written statements
can be submitted for ten days after the public hearing and will become
a part of the hearing record.
The City is required to make a transcript of this public hearing.
This will be done by making a tape recording of the hearing and then
typing a transcript from this recording. It will be imperative that
before any persons speak, including councilmembers, staff and the
public, they identify themselves. The first time they speak they
should give their name and address, on any further occasions where a
person wishes to make comments they only need to state their name.
Any comments received at the public hearing will be evaluated as part
of the final design. If no significant adverse impacts are determined
relative to the proposed project, the Minnesota Department of
Transportation will recommend to the Federal Highway Administration a
finding of no significant impact (FONSI).
Fred G. Moore, P.E.
FGM:kh
Attachments: Information
X11
0 21 2 J
c
LOCATION - DESIGN PUBLIC HEARING ?
T.H. 494/C.S.A.H. 6 INTERCHANGE
CITY OF PLYMOUTH
193t'£z
PROJECT SUMMARY
It is proposed to construct a diamond interchange on T.H. 494 at
the location where County Road 6 presently crosses the interstate
highway (see Figure 1).
The project includes the widening and reconstruction of CountyRoad6approximately1,300 feet east and west of T.H. 494 and the
construction of a new bridge over T.H. 494. County Road 6 will
provide for two through lanes in each direction, channelization
and turn lanes.
Diamond interchange ramps will be constructed at C.S.A.H. 6 (see
Figure 2) and an auxiliary lane added to T.H. 494 in each
direction from the Carlson Parkway Interchange to C.S.A.H. 6 and
from C.S.A.H. 6 north to T.H. 55. In conjunction with theinterchangeconstruction, the Minnesota Department of
Transportation will be replacing the pavement on T.H. 494 from
Carlson Parkway to north of T.H. 55.
ENVIRONMENTAL ASSESSMENT
An environmental assessment (EA) has been prepared and approvedfortheproject.
A copy of the EA along with maps, drawings and other pertinent
information is available for public inspection and copying at thePlymouthCityHall.
RIGHT-OF-WAY
The majority of the right-of-way within the industrial areas has
been acquired or the City has agreements to purchase the right-
of-way. Right-of-way required in residential areas has not yet
been acquired.
CONSTRUCTION
Construction of County Road 6 and the bridge over T.H. 494 is
currently scheduled to begin during the Summer of 1988.
Construction of the ramps and auxiliary lanes is proposed to
begin in the Spring of 1989 with final project completion
anticipated for late Fall of 1990.
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STRGAR- CITY OF PLYMOUTH
ROSCOE- C.S.A.H. 6 / 1-494
FAUSCH,
DETAILED PROJECT LOCATION MAPIIVC.
CITY PROJECT NO. 250
STATE PROJECT NO. 2785
FIGURE
NORTH
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STRGAR-
ROSCOE
FAUSCH,
INC.
CITY OF PLYMOUTH
C.S.A.H. 6 / 1-494
PROPOSEDINTERCHANGE
CITY PROJECT NO. 250
STATE PROJECT NO. 2785
FIGURE
2
7A
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: November 18, 1987 for City Council Meeting November 23, 1987
TO: dames G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT REPORT OF BUILDING AESTHETICS TASK FORCE
SUMMARY: The Mayor appointed an ad hoc Task Force last Spring with the
charge to review the subject of Building Aesthetics. The Task
Force responded to the charge in a Letter of Transmittal which has been reviewed and
endorsed by the Plymouth Developers Council and the Planning Commission. The attached
Resolution receives the report per the Letter of Transmittal. Task Force Chairman
Planning Commissioner Dick Plufka and Development Council President Bob Burger are
expected to be available to answer questions the Council may have.
The attached Resolution only receives the report; the Task Force and the Planning Com-
mission position is that the Council should first determine whether the Council agrees
that there should be a heightened awareness about building aesthetics as a matter of
City Policy (see top of page two of the Letter of Transmittal). The Task Force and the
Commission both found that general guidelines, rather than rigid standards and specifi-
cations would be appropriate. Both groups, however, concluded that further delibera-
tion and hearings leading to the adoption of such guidelines would not be productive
unless the City Council firmly establishes a policy which is conducive to that
approach.
Adoption of a policy on development aesthetics is historically significant because the
general unwritten policy for many years has been to depend upon the private sector to
meet mandatory building codes and to generally adhere to those standards in the City
ordinances. Aesthetic harmony and compatibility is a valid element of a concern about
community character, especially in a developing City. The City however needs to be
consistent in its application of whatever guidelines or standards are adopted. It is
realistic to expect that whatever guidelines are adopted will become the standard that
the development community will follow.
Dick Plufka and Bob Burger, who were on the Task Force, can address the issues from
their respective view points.
The Community Development staff is prepared to implement such a policy by presenting it
to developers in a positive manner "up front", so that the City's expectations are con-
veyed as we do with the Landscape Policy and Criteria. That is feasible only with
confidence that there is consistent backing by the Planning Commission and City
Council. Without support by the Commission and Council it is a non-productive and per-
haps a counter-productive effort in our dealings with the development community.
Page two
Memorandum to City Manager
City Council Meeting November 23, 1987
November 18, 1987
The Council can adopt a policy by modifying the draft Resolution, i.e., by referencing
the policy as that reflected in the Transmittal Letter.
I concur with the Planning Commission that, if guidelines are to be established, the
Comprehensive Plan Element on Goals, Objectives, and Criteria is a suitable place to
have them. We can also consolidate references to aesthetic matters in the Zoning
Ordinance for clearer application and reference can be made in the Zoning Ordinance to
guidelines adopted in the Comprehensive Plan.
The Council could, upon adoption of a policy, pass a Motion directing the Planning
Commission to consider guidelines, conduct a hearing, and recommend action for the
Council.
Attanhmcsntc
1. Resolution
2. Planning Commission Minutes
3. Letter of Transmittal
4. Background
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of 19_ The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION 87 -
RECEIVING REPORT FROM BUILDING AESTHETICS TASK FORCE
WHEREAS, the City Council established a Task Force on April 27, 1987 to consider the
matter of building aesthetics and to develop a recommendation for the Planning Commis-
sion and City Council; and,
WHEREAS, the City Council by August 3, 1987, appointed a chairperson and established a
four point charge for the Task Force; and,
WHEREAS, the Task Force conducted several meetings and considered substantial research
and information in order to address the Council's charge; and,
WHEREAS, the Task Force prepared a Letter of Transmittal dated October 22, 1987 to the
Planning Commission conveying the findings and recommendations in response to the City
Council's charge; and,
WHEREAS, the Letter of Transmittal was reviewed by the Plymouth Development Council on
October 28, 1987 at which time it was endorsed; and,
WHEREAS, the Planning Commission reviewed the findings and recommendations at the
October 28, 1987 meeting and developed a recommendation of approval;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does receive the findings and recommendations of the
Building Aesthetics Task Force as contained in the October 22, 1987 Letter of
Transmittal.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopte
Page 252
Planning Commission Minutes
October 28, 1987
OTHER BUSINESS
Commissioner Plufka introduced the item contained in the BUILDING AESTHETICS
October 23, 1987 staff memorandum; specifically, he reviewed TASK FORCE REPORT
the Letter of Transmittal from the Building Aesthetics Task
Force dated October 22, 1987.
He stated a variety of issues were reviewed by the Task
Force and the main recommendation is that the City Council
needs to determine the amount of heightened awareness
desired. He said that the Plymouth Development Council had
reviewed the Letter of Transmittal earlier in the day and
had acted to recommend the Letter of Transmittal to the City
Council.
Chairman Steigerwald asked Director Tremere how the matter
of building aesthetics is handled and how it would be
handled. Director Tremere responded that basic Ordinance
requirements are now conveyed to developers, particularly
with respect to the required material that must be submitted
such as building elevations. Landscaping is addressed in
detail per the Landscape Policy; but, color and use of spec-
ific exterior materials is not addressed in great detail.
There is concern expressed by staff in certain situations
where there is a clear lack of harmony with the surrounding
neighborhood, particularly if there is residential
abuttment.
Transition has also been a major concern particularly with
respect to Planned Unit Developments (PUD(s). That is how
the recommended guidelines would be handled, if there is
direction from the Commission and Council to have a
heightened awareness of the need to have better building
aesthetics. In other words, staff would relay the guide-
lines to the developer much in the same way as PUD
Attributes are relayed.
Director Tremere also explained that the City could view the
subject as a range of concerns. At one end of the range,
there would be information conveyed to the development com-
munity about a more heightened awareness of the subject.
The mid-range would be adoption of formal guidelines, such
as those suggested by the Task Force. These would be
conveyed during the Development Review process and would be
available to the developers and the public as a matter of
public information. The third and other end of the range
would be adoption of detailed standards and specifications
for building exterior finishes and colors.
Director Tremere concluded that staff needs specific direc-
tion from the Planning Commission and Council to assure
confidence that time spent relaying information and guide-
lines about building aesthetics would be reflected in ulti-
mate Council action on site plans.
Page 253
Planning Commission Minutes
October 28, 1987
Commissioner Zvlla stated that a basic question is, does the
City Council want to buy into the philosophy of a heightened
awareness? Also, what part of the range or continuum as
explained by staff does the City want to adopt?
Commissioner Plufka stated that the Task Force report
encourages the determination of whether a heightened aware-
ness is appropriate; if so, the Task Force is "planted" in
level two. There clearly is not a consensus by the Task
Force that specific standards or specifications should be
adopted and mandated.
Commissioner Marofsky stated that passive concerns or guide-
lines are appropriate and eventually could be adopted in the
Ordinance. He said that the Commission should also consider
requiring photographs of sites proposed for development, as
well as surrounding areas. These could help the Commission
better evaluate the proposed developments.
Chairman Steigerwald stated that there are a variety of
concerns with different aspects of development in the Codes
and Ordinance; and, that there is a need to bring them to-
gether, perhaps in the form of guidelines and statements of
policy. He suggested that if the City Council agrees with
the Task Force report, the Planning Commission can later
determine precisely how to implement the guidelines.
Commissioner Plufka stated that Item No. 6 of the guidelines
should be amended by adding: "occupied land subject to
re -development."
Chairman Steigerwald stated, however, that technically, all
land is subject to redevelopment and thus it might be dif-
ficult to be precise in implementing that guideline.
Commissioner Stulberg stated that he appreciated the Task
Force report; he recommends that in addition to consolidat-
ing existing Ordinance language on the subject, any new
guidelines should be adopted as part of the Goals, Object-
ives, and Criteria Element of the Comprehensive Plan.
Commissioner Plufka stated that the Task Force concluded
that where the criteria or guidelines are adopted is not as
important as assuring the Commission and Council have given
direction to staff that this is a significant subject of
concern. If the City Council does not put a priority on the
subject, then how it is implemented becomes virtually
meaningless.
He stated also that architects may benefit most from the
guidelines, if adopted, since they can use them to show
clients that in Plymouth there is a need to have buildings
that are aesthetically acceptable and presentable.
Page 254
Planning Commission Minutes
October 28, 1987
Community Development Coordinator Anderson stated that there
is a need for guidance to staff during the review process.
He said that conveyance of the guidelines and evaluation of
the plans will take time, but that if staff has the confi-
dence that it is a priority issue, then the review can occur
during the normal process and should not require substantial
additional time or cause delays.
Commissioner Zylla stated that the Planning Commission
should be aware that Commissioner Plufka conducted the Task
Force very effectively and saw that the work was done in a
diligent and concise manner. He said that his concern all
along has been that there be more public commitment by the
City to the issue of building aesthetics. He said that the
City may not need or desire hard requirements or specifica-
tions, but that a heightened awareness is needed to encour-
age more dialog about the subject. He said he did not want
to slow down the development process.
Commissioner Wire stated that the City should also consider
the subject of sign aesthetics.
Commissioner Plufka stated that this is partially covered in
Guideline No. 6.; and, in Guideline No. 9.
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO
Stulberg to recommend to the City Council, adoption of the RECOMMEND
report of the Building Aesthetics Task Force as contained in ADOPTION
the October 22, 1987 Letter of Transmittal, particularly the
determination of heightened awareness, outlined on page two.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO AMEND
Wire to Amend the Motion to include the statement that,
should the Council determine guidelines are desirable as
suggested by the Letter of Transmittal, such guidelines
should be made part of the Comprehensive Plan and the Goals,
Objectives, and Criteria Element, rather than adopted as
part of the Zoning Ordinance.
Vote on Amendment. 6 Ayes. Commissioner Plufka, VOTE - AMENDMENT
abstained. MOTION CARRIED.
Vote on Main Motion and once Amended. 6 Ayes. Commissioner VOTE -MAIN MOTION
Plufka, abstained. MOTION carried. MOTION CARRIED
Commissioner Plufka explained his abstention was due to his
role as chairman of the Task Force; and, the concern that
the Commission and Council first need to adopt a philosophy
and policy about the subject before implementing specific
guidelines or standards. He will be involved in the presen-
tation of the Letter of Transmittal to the Council and thus,
prefers to maintain a position of neutrality although he
endorses the basic Motion to recommend a heightened
awareness.
ADJOURNMENT: Meeting adjourned at 9:00 P.M.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: October 23, 1987
T O: Planning Commission
FROM: Community Development Director Blair Tremere 1 -
SUBJECT LETTER OF TRANSMITTAL FROM BUILDING AESTHETICS TASK FORCE
Attached you will find the Letter of Transmittal to you from the Building Aesthetics
Task Force, as approved by the Task Force at their October 22, 1987 meeting. The Task
Force was established by the City Council and was asked to consider several issues and
develop a report for you.
The Council directed that the Commission should recommend appropriate action to the
City Council after due consideration, arid, if appropriate, a Public Hearing.
I recommend that you retain the Letter of Transmittal and take it under advisement
along with the summary notes of the meetings.
At your direction, we can place this on a subsequent agenda for general discussion
and, if you elect, for a Public Hearing on specific amendments.
I direct your attention, however, to the thrust of the Task Force's findings which is
essentially contained in the second page of the Letter of Transmittal.
The Task Force recommends that the Commission and Council come to grips with the
policy determination of how much priority this matter should receive. If the matter
is not to receive any higher priority than it is has now, then it really is not
essential to get into guidelines and detailed implementation.
On the other hand, if the Commission and Council find that a heightened awareness is
desirable and will be the policy of the City, then the Commission and Council can
deliberate and define guidelines and implementation measures as discussed by the Task
Force.
Again, I ask that you keep these materials for reference and provide direction as to
how you wish to proceed.
The Task Force will be represented by Chairman Dick Plufka, and member Bob Burger at
such time you wish a formal presentation and explanation of the work of the Task
Force. Dick Plufka and Dennis Zylla can also provide input to the Commission.
AttarhmPntc
1. Transmittal Letter
2. Summary Notes of Task Force Meetings
F
CITY Or
October 22, 1987 PLYMOUTR
LETTER OF TRANSMITTAL
FROM: Building Aesthetics Task Force
TO: Chairman and Members of the Plymouth Planning Commission
The City Council on April 27, 1987 adopted a Motion to establish a Task Force to
consider whether certain architectural and aesthetic regulations should be incorpor-
ated into the City Code which includes the Zoning Ordinance.
The Task Force has met several times and has considered the charge of the City Coun-
cil. Per the City Council direction, specific areas of architectural and/or aesthetic
controls was addressed and developing communities within the Twin Cities metropolitan
area were considered.
The Task Force considered the City Council's charge and responds as follows:
1. Whether it is advisable for the City to adopt additional standards dealing
with specific materials to be used in various structures.
The finding: It is not advisable for the City to adopt additional standards
dealing with specific materials to be used in various structures.
2. Whether it is advisable for the City to adopt additional standards dealing
with the exterior appearance and architecture of commercial and industrial
structures.
The finding: It is not advisable for the City to adopt additional standards
dealing with the exterior appearance and architecture of commercial and
industrial structures.
3. Whether objective standards should be established with respect to such
projects throughout the City.
The finding: Objective standards would be difficult to establish with respect
to the aesthetics of commercial and industrial structures throughout the City;
but, standards which may be more subjective than objective are appropriate if
they are consistently applied and enforced.
The Task Force further finds that, the City's plans, ordinances, and policies do
address aesthetics in different ways and in different locations in the City Code and
Ordinances. There is a need for a better focus so that the standards can be consis-
tently applied during the evaluation of plans and development proposals. The applica-
tion of the standards should be comparably enforced for commercial, industrial, and
multi -residential buildings.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Page two
Letter of Transmittal
October 22, 1957
The City Council needs to determine whether a heightened awareness of building aesthe-
tics is needed and to what extent that awareness should be communicated to the develo-
pment community. The Council's finding that there is a need for a heightened aware-
ness can then be translated to the staff and development community through a variety
of techniques including Ordinance amendments which consolidate statements of aesthetic
policy and standards. The direction by the City Council for a heightened awareness
could result in a Policy Statement such as the following:
The City of Plymouth expects multi -residential and non-residential development to
have a quality which produces a positive visual image and to convey an overall
appearance and compatibility of individual buildings to other site elements and
surrounding natural and manmade features.
These factors will be given primary consideration in the review stages of develop-
ment plans by the City staff, the Planning Commission, and by the City Council.
The City shall consider the following guidelines in evaluation of development
proposals:
1. Consistency with the Comprehensive Plan Element and Goals, Objectives,
and Criteria.
2. Preservation of sites in their natural state, as much as possible,
through the minimization of tree and soil removal and the grading.
3. Establishment of harmonius relationship of buildings and open spaces
with the natural terrain and with existing and proposed buildings hav-
ing a visual relationship to the proposed development.
4. An apparent internal sense of order for the various functions and
buildings on the site; and, provision of a desirable environment for
occupants, visitors, and the general community.
5. An appropriate balance to the amount and arrangement of open space and
landscaping to the design and function of the specific development,
including screening through man-made and natural features such as
berming.
6. Use of appropriate materials, textures, colors, and construction
detail, so to express effectively a design concept of the project that
is compatible with adjacent and neighboring structures and functions.
Such neighboring structures and functions may include new natural
areas, residential developments, and vacant land subject to future
development in accordance with the City's Comprehensive Plan.
7. Adequate vehicular, cycling, and pedestrian circulation shall be pro-
vided through walkways, interior drives, and parking. The key consid-
eration shall be the location and number of access points to public
streets, width of interior drives and access points, general interior
circulation, separation of pedestrian, cycling, and vehicular traffic,
and the arrangement and amount of parking so they are safe, conven-
ient, and, insofar as practicable, compatible with the design of
proposed building structures and neighboring properties.
Page three
Letter of Transmittal
October 22, 1997
S. Energy conserving designs should
tion, orientation, and elevation
of glass in structures; and, the
site grading.
be provided through the design loca-
of structures; the use and location
use of landscape materials as well as
9. There should be evident protection of adjacent and neighboring
property through reasonable provisions for such things as surface
water drainage, sound and sight buffers, preservation of views, light
and air, and other aspects of design which may not be specifically
covered by regulations which are found to have substantial effects on
neighboring land uses.
The findings of the Task Force have been communicated to the Plymouth Developers
Council and in accordance with the City Council's charge, we are hereby conveying the
findings of the Task Force to the Planning Commission. Planning Commissioner Dennis
Zylla and I will be available to discuss these findings in detail with the Planning
Commission and the other members of the Task Force will also be available to meet with
the Commission to answer questions.
Sincerely,
14
Ri hard Plufka, Cha ma
Building Aesthetics Task Force
cc: Mayor Virgil Schneider
Building Aesthetics Task Force Membership:
Planning Commissioner Richard Plufka,
Chairman;
Planning Commissioner Dennis Zylla;
Mr. Robert Burger
Bass Lake Development Company;
Mr. Craig Freeman,
Freeman's Inc.; and,
Mr. John Griffith,
Trammell Crow Company
MINUTES
PLYMOUTH DEVELOPMENT COUNCIL
October 29, 19S7
PRESENT: Peter Pflaum, Lundgren Brothers Construction Company; Greg Frank, McCombs -Knutson; Marlin Grant, Marvin Anderson Construction Co.;
Fred Haas, Marvin Anderson Construction Co.; Sherm Goldberg,
consulting engineer; Don Myron, Don Myron Realty; Bob Burger,
Burger Development Group; Fran Hagen, Westwood Planning &
Engineering; and City Staff Members, Blair Tremere,
John Sweeney, Ray Anderson, and Scott McLellan
I. FOLLOW UP ON ZONING ORDINANCE AMENDMENTS -- Blair Tremere explained the
recent building ordinance amendments regarding waste facilities which are
now classified as a conditional use in the Planned Industrial Zonino
District. He said there were some additional future items identified by the
City Council and Planning Commission which were largely housekeeping items
and the Development Council would be kept informed as those were considered
at a public hearing. He reviewed the ordinance amendments approved earlier
this year which provide for a limited amount of administrative approval of
certain non-residential development plans. Bob Burger suggested that
interested parties should become familiar with the ordinance requirements so
that they can take advantage of this streamlined review nrncPcc_
11. ARCHITECTURAL REVIEW TASK FORCE REPORT -- Bob Burger reported that the task
force appointed by the City Council had completed its work, and had
communicated its findings to the Planning Commission. He distributed the
October 22, 1987 transmittal letter. Blair Tremere reviewed the letter and
the findings of the task force. He said the Planning Commission will be
considering it at their October 28 meeting and will then determine whether
to have a public hearing or whether to just discuss it at a future study
meeting.
Bob Burger stated that he and two other developers had been involved with
the task force and he asked that the Development Council take action to
endorse the process as completed so far. There was a MOTION by Peter
Pflaum, seconded by Don Myron, to endorse the report as contained in the
October 22, 1987 transmittal letter regarding the findings of the BuildingAestheticTaskForce. The motion passed unanimously.
III. STATUS REPORT ON BUILDING INSPECTION AND PERMIT ISSUANCE TURN AROUND TIME --
Bob Burger reiterated that the building plan review time had been cut
substantially, and that the Building Inspection Department had additional
manpower to facilitate the response time for inspections. Assistant Build-
ing Official Scott McLellan explained the procedure and lists now used for
both plan checking and for determining when work is ready for inspection.
He said the plan check time, particularly for residential plans, had been
substantially reduced and rarely took longer than five days. He described
the process including the screening of those applications which are not in
order. Priority is given to those plans which are In order.
SUMMARY NOTES FOR THE BUILDING AESTHETICS TASK FORCE
MEETING DATE: October 22, 1967
MEMBER PRESENT: Chairman Richard Plufka
Craig Freeman
Dennis Zylla
Robert Burger
John Griffith
ALSO PRESENT: Community Development Director Blair Tremere
The first item of business was introduced by Chairman Plufka who stated that he and
Bob Burger would represent the Task Force at the appropriate Planning Commission
meeting.
The next item of business was review of the draft Letter of Transmittal prepared by
staff at the Task Force direction. Dick Plufka suggested that the Letter be reviewed
in detail and that it would be acted on at this meeting so it could be sent to the
Planning Commission.
MOTION by Dick Plufka, seconded by Bob Burger to adopt the Letter of Transmittal as
prepared by staff.
Extensive discussion ensued and Bob Burger stated that clarity and consistency are
vital. It needs to be known to all parties how the City will make this work.
Dick Plufka stated that the Transmittal Statement responds to the City Council charge;
it states the Task Force's primary finding on page two that the City Council needs to
come to terms with the actual direction the City is to take regarding aesthetics of
developments; and, the need to establish a formal approach and priority. He said that
if the Council does not clearly establish a priority for this; then, the balance of
the letter and detailed concerns about implementation are of no value.
Sohn Griffith said that he also wonders how it will actually work and who would make
the final decisions as to interpretation of the guidelines. He said that it is not
clear whether staff could hold a development in abeyance until specific guidelines had
been addressed, particularly with respect to proposed Item. No. 6 on building finish.
Dick Plufka suggested that Item No. 6 would be implemented in a similar manner as Item
No. 7; he agreed that the City should not establish hard standards, but rather, estab-
lish guidelines.
Bob Burger stated that there is evidence that developers today are increasingly con-
cerned with aesthetics and design of their projects (more than they used to be); dif-
ferent styles and innovative designs are often presented. He said it is important how
this effort by the Task Force and any resulting action from the City is communicated
to developers.
Blair Tremere explained how staff now approaches the Planned Unit Development Criteria
in the Ordinance, including the criteria for assigning bonus points. He said there
are similarities with the guidelines in the Transmittal Letter and that application
SUMMARY NOTES FOR THE BUILDING AESTHETICS TASK FORCE
October 22, 1987
Page two
would be similar. He said the staff concern with those criteria is that the developer
has been responsive to them at least with respect to an explanation of hog, the pro-
posed development is responsive. Developments infrequently are subject to longer plan
review because of those criteria: He said, more often than not, developments are held
in abeyance because specific code standards and/or specific required information are
lacking.
Blair Tremere also said that consistent with Dick Plufka's earlier remarks, he would
tend to emphasize the use of the guidelines as guides rather than as hard standards.
The guidelines listed by the Task Force are good attempts to objectively state very
subjective concern.
MOTION by Dick Plufka, seconded by Bob Burger to amend the Main Motion by amending the
draft Transmittal Letter on Page 2 to strike the words "degree of compliance with"
from the fourth paragraph from the top.
MOTION passed unanimously.
Dennis Zylla stated that he had taken numerous slides of projects around the City to
establish visual evidence of his concern. He showed the slides and commented on each
of the projects.
Discussion ensued about the role specific standards versus guidelines would play in
expressing the City's concerns about building aesthetics.
Dennis Zylla outlined his concerns, particularly those of community attitude and
awareness of the need for harmonious aesthetics and the need for the community to be
aware of what other City's require. Blair Tremere asked Dennis Zylla about the status
of the October 15, 1987 draft memo submitted to the Task Force. Dennis stated that
the memo was prepared to express his view of the Task Force's effort and was intended
to relay background information about current City standards and the process. He said
that at the time he drafted it he understood the matter would be going to the City
Council; and, that he was not aware of the draft Transmittal Letter prepared by
staff. He said that it was not necessarily proposed to be in -lieu of the Transmittal
Letter and that he now realizes that the charge of the City Council was to have this
matter sent to the Planning Commission first.
Dick Plufka reviewed Dennis' memorandum and stated it has good background material
especially on the first page. He said that the guidelines noted on the third page are
premature, in his opinion, because the Council first needs to deal with whether
aesthetics are to become a priority item.
When the Council has indicated that direction, the Planning Commission can deal with
detailed implementation measures, perhaps including the item recommended by Dennis
Zylla.
Dick Plufka suggested that the October 15, 1987 memorandum from Dennis Zylla become
part of the summary notes for this meeting.
Blair Tremere confirmed that all of the summary notes for Task Force meetings will be
sent to the Planning Commission with the Letter of Transmittal.
SUMMARY NOTES FOR THE BUILDING AESTHETICS TASK FORCE
October 22, 1967
Page three
Dick Plufka called for a vote on the Main Motion as amended. MOTION passed
unanimously.
Dick Plufka summarized the Task Force recommendation:
1. The Planning Commission and City Council should review the specific findings
in response to the Council's three charges.
2. The Planning Commission and Council need to carefully consider the recommenda-
tion about philosophical and policy as outlined on page two of the Transmittal
Letter. This is the main thrust of the Task Force's effort.
3. If the Planning Commission and City Council establish policy and priority
along the lines of the philosophical statement on page two, the Planning Com-
mission can then deal with actual policy guidelines and implementation
measures.
Blair Tremere confirmed that a copy of the Transmittal Letter will be sent to the
Plymouth Development Council which is scheduled to meet on October 26, 1967, prior to
the Planning Commission meeting.
Dennis Zylla stated that he would finalize his draft memorandum and provide a copy to
staff for distribution.
Dick Plufka declared that the Task Force had completed its charge as an ad hoc group.
The meeting adjourned at 9:10 A.M.
To Task Force: this is a
recommended furmat for, a
Report to the Commission.
DATE: October 15, 1987
TO: Plymouth Planning Commission
FROM: Building Esthetic Control Task Force
RE: Report
Current practice in the City of Plymouth as regards architectural review of commercial
and industrial buildings is that if a structure meets the building code, a permit is issued.
Site and building plan reviews do not encompass examination of architectural
characteristics, and City staff' do not approach aesthetics in staff development review
meetings to include challenging owners and developers whether a proposed structure is
compatible with its environs.
What is meant by review of• building esthetics? The Task Force believes it represents
public critique of a project structure for materials, textures, colors, and details of
construction. It does not include review of a building's size, but could include
architectural style.
The Task Force has spent its time to date determining whether there is a need to
implement staff and public review of buildings for aesthetics, and if so, how best to
accomplish the objective without prolonging and complicating the development review
process and still giving the project proposer the design flexibility to choose materials,
textures, and colors in relationship to his design intent and surrounding property.
The Task Force has concluded that while large scale developments held under single
control by reputable owners and developers generally give adequate attention to site and
building aesthetics, there are recent examples of poor attention to builduig esthetics,
primarily in small site office -warehouse projects, which may have negative effects on
surrounding existing properties and future development of vacant land. Of concern as
well is that Plymouth has received a lesser quality of franchise store building (e.g.,
Crown Auto, Tires Plus) than some of the City's second ring suburban neighbors.
A related major area of concern of the Task Force is community image. This relates
more to the way we (the citizens, City Council, etc.) feel about what we want for the
City than the way we want people to view us. For example, by adopted policy, the City
has said it wants nicely landscaped commercial and industrial building sites. Currently,
the proposer can do anything the biulding code will allow with. his building as long as
he meets the building code, but there is little flexibility in plantings. Even though there
is no building code requiring landscaping, the City requires extensive landscaping.
The same stringent standards are applied to the engineering requirements of a project.
A wealth of conditions are set to ensure conformance to adopted standards and/or the
engineer's memorandum of conditions, some of which represent the best judgement of the
engineer. Given the attention devoted to reviews of site, it seems inconsistent to
neglect the most permanent visible object on the building site, the structure itself.
The Task Force finds that the City's current plans, ordinances, and policies minimally
address esthetics (reference attached), and fails to emphasize the City's concern for
achievement of the highest quality in building esthetics. Therefore, there is a need fbr:
1. public policy direction and support to apply new guidelines consistently in evaluating;
plans and development proposals for both commercial and industrial buildings, as well as
multi -residential buildings, and 2. more public review of building plans for msthetics.
The ad hoc Task Force on Building j'Esthetics finds that:
1. It is not advisable for the City to adopt definitive standards dealing with specific
materials to be used in various structures.
2. Itis A advisable for the City to adopt definitive standards dealing with the
exterior appearance and architecture of commercial or industrial structures.
3. Objective standards should not be established with respect to the aesthetics of
commercial or industrial structures throughout the City, but new guidelines that may
be more subjective than objective are appropriate for inclusion in the City Zoning
Code.
The Task Force recommends that the City make it known to project proposers that a
heightened awareness exists in the City of Plymouth of the overall aesthetics of buildings,
and that the expectation of the City is for superior quality in building materials,
textures, colors, and the details of construction, including attention to architectural
style.
The Task Force recommends that the City of Plymouth encourage proposers of multi -
residential and non-residential development to display a level of quality in building design
that produces a positive visual image, and conveys an overall appearance that recognizes
the compatibility of the proposed building(s) with individual neighboring buildings, other
site developments, and surrounding natural and man made features. The Task Force
further recommends that site compatibility be given primary consideration in the review
stages of development plans by the City staff, Planning Commission and City Council.
The Task Force recommends that City staff emphasize to private proposers that a project
must do more than simply meet building code standards in order to merit a building
permit. Recommended public policy guidelines include:
1. Any new commercial or industrial or multi -family developments must meet or
exceed any aesthetic evaluation for site compatibility for building zesthetics.
2. Building plans should be specifically adapted to the site and neighborhood.
3. Privately owned and/or franchised commercial and industrial buildings will be
required to present plans employing the highest quality materials, comparable
to those used in other south and western suburban metropolitan communities,
in requesting plan review for building permits in Plymouth.
4. For any commercial or industrial or multi -family development, an architectural
rendering shall be presented to the City which is representative of the building
exterior. This rendering shall be in color and minimally show the front
street) elevation of the building. Elevations depicting all sides of the building
must be included, but need not be in color. The architectural rendering need
not be of commercial quality (done by a commercial artist).
5. Project proposers should present the esthetic considerations of their proposals
and any relationships of site compatibility in staff review and public
presentations of their site and building plans.
The City can express its heightened awareness in many ways, the most effective of which
is to state intent and purpose in the Zoning Ordinance at the a}2proDriate location(s).
The following language can be used to implement the Task Force recommendations:
The Citv shall consider the deqree of compliance with the follo%%ir,q guidelines
in evaluation of development proposals:
1. -Consistencv with the Comprehensive Flan Element and Goals, Objectives.
and Criteria.
2. Preservation of sites in their natural state, as much as possible,
throuqh the minimization of tree and soil removal and the gradinq.
3. Establishment of harmonius relationship of buildinas and open spaces
with the natural terrain and with existing and proposed buildings ha\-
ing a visual relationship to the proposed development.
4. An apparent internal sense of order for the various functions and
buildings on the site; and, provision of a desirable environment for
occupants, visitors, and the general community.
S. An appropriate balance to the amount and arrangement of open space and
landscaping to the design and function of the specific development,
including screening through man-made and natural features such as
berming.
aes(drftplcy)1-2/10-87
o. Use Of apDrOpriaLe material5, text lires, ccIors, an(; Construe r r
detail, so to express effectively a desic-1 concept of the project tt)at
is compatible Aith aflacent and neic;`-horino structures and functions.
Such neighborinq structures and functions mai include new natural
areas, residential developments, and vacant land subject to future
development in accordance with the Citi -'s Comprehensive Plan.
7. Adequate vehi r, cycling, and pedestrian circulation shall be pro-
vided through walkways, interior drives, and parkinq. The kev
consideration shall be the location and number of access points to
public streets, width of interior drives and access points, general
interior circulation, separation of pedestrian, cycling, and vehicular
traffic, and the arrangement and amount of parking so they are safe,
convenient, and, insofar as practicable, compatible with the desiqn of
proposed buildinq structures and neighborinq properties.
S. Energy conserving designs should be provided through the desiqn loca-
tion, orientation, and elevation of structures; the use and location
of glass in structures; and, the use of landscape materials as %yell as
site grading.
9. There should be evident protection of adjacent and neighborinq
property through reasonable provisions for such thinqs as surface
water drainage, sound and sight buffers, preservation of views, light
and air, and other aspects of design which may not be specifically
covered by regulations which are found to have substantial effects on
neighboring land uses.
aes(drftplcy)1-2/10-87
Ci of PlvmouLh
Applicable Enabling Provisions
Regarding /Esthetics
To prohibit the use of buildings, structures and lands that are incompatible with theintendeduseordevelopmentoflandswithinspecifiedzones." [Section 1, PlymouthZoningOrdinance]
To promote a high quality of total commercial design and development that produces apositivevisualimageandminimizestheeffectsoftrafficcongestion, noise, odor, glare
and similar safety problems." [Section 8, Subdivision A, Plymouth Zoning Ordinance]
to allow for industrial operations with high standards for site development and useperformance. Permitted and conditional uses shall be compatible with the character ofdevelopmentinproxunateareas. ... the comprehensive Plan." [Section b, Subdivision C, Plymouth Zoning Ordinance]
Architectural style or type of building shall not solely be a basis for denial or approval
of a plan. However, the overall appearance and compatibility of individual buildings t )
other site elements or to surrounding development will be given primary considerations inthereviewstatesofthePlanningCommissionandCityCouncil." [Section 9, SubdivisionB4, Plymouth Zoning Code]
the following evaluation criteria are established by the Planning Commission and
planning staff in reviewing proposals to develop a community shopping center: 3. Quality of planning and architectural efforts going into the projects." [Resolution 73- 330, City of Plymouth]
SUMMARY NOTES FOR THE BUILnItJG AESTHETICS TASK FORCE
MEETING DATE: October 8, 1957
MEMBER PRESENT: Chairman Richard Plufka
Craig Freeman
Dennis Zylla
MEMBERS ABSENT: Robert Burqer
Sohn Griffith
ALSO PRESENT: Community Development Director Blair Tremere
Chairman Plufka began the meeting with comments on Dennis Zylla's memorandum of
October 5, 1987, he said that the general concerns expressed in the memorandum were
consistent with the preliminary findings by the committee as reflected in the draft
statement prepared by staff. He said that it was clear from the memorandum that
Dennis Zylla still has a concern about appropriate building appearance. He said he
can share the concern in the sense that retail establishments, and particularly fran-
chise operations such as fast food restaurants often have packaged buildings which
offer little innovative or highly aesthetic design.
Dennis Zylla stated that the draft prepared by staff was the right approach, he then
reviewed his memorandum in detail stressing the two key areas, site compatibility and
community image.
He said there were numerous examples of lack of site compatibility and he reviewed
several.
He said that the concern with community image was founded upon a recognition that
actions today will be with the community for some time.
Dennis Zylla stated that there was a need to identify whether there is a need for
change and to focus on where the City wants to go with respect to this subject. He
said that the need, as he sees it, is for the City to better relate its expectations
to developers. He said that he feels the City is weak in realizing what other
communities are in fact doing with respect to building aesthetics.
He stated that the Task Force should obtain some sense of legal standing for recom-
mendations it may develop, particularly if new standards are proposed for adoption and
enforcement.
He concluded that the City, in his view, should give as much attention to building
appearance as it does to other things such as landscaping and engineering items.
Dick Plufka stated that there were general concerns which perhaps could be addressed
by focusing more on existing Ordinance requirements versus the issue of whether spec-
ific controls are needed above and beyond what now exists. He said that much of the
perceived need could be met by a heightened awareness.
Blair Tremere reviewed the draft statement which was prepared after the last meeting;
the three findings are in response to the specific questions raised by the City
Council in their direction to the Task Force. The rest of the statement is an effort
SUHMARY NOTES FOR THE BUILDING AESTHETICS TASK FORCE
October 9, 1997
Page two
to summarize the concerns expressed by the members of the Task Force and the final
part of the statement has been drawn from the research materials reviewed by the Task
Force; the Minnetonka Ordinance particularly was used for guidance.
He explained that Items 6 and 9 were ones which either were not specifically found in
the Plymouth Ordinance to date or which were only implied. The matter of specific
building exterior finish is treated in Item No. 6.
Crai'g Freeman expressed continuing concern about difficulty in dictating how a build-
ing should look, i.e., legislating aesthetic appearance. He said that consideration
must be given to the rights of the owner and developer. He stated that perhaps the
perceived problem is greater with smaller developers on single parcel projects, rather
than with large scale developers whose economic status can lead to more impressive
design and aesthetic finish. Further discussion ensued about the requirements to
aesthetically treat buildings versus what is aesthetically acceptable, i.e., what
would be specifically required as a matter of standard versus what the community finds
to be pleasing as a matter of appearance.
Blair Tremere suggested that the Committee review the draft statement since there were
a couple of areas where he used tentative terms pending detailed review by the Task
Force. The first consideration is directed at the first unnumbered paragraph on paqe
1, where the statement said that, "perhaps there is a need for better focus." It was
the consensus of the Task Force that the word "perhaps" should be dropped, since it is
the position of the Task Force at this time that there should be a better focus, at.
least of existing ordinances and policies.
Further discussion ensued regarding the draft statement and Blair Tremere stated that
consideration should be given "probably" in the third unnumbered paragraph on the
first page (the statement is that "probably the most effective way is to state intent
and purpose in the Ordinance . . . ")
Dick Plufka stated that before deciding finally on precise ways that the Ordinance
should be amended, it should be determined what the position of the City Council is.
The City Council must be prepared to adopt the philosophy of Item No. 6, and the need
to emphasize compatibility. This should be reflected in instructions to the Planning
Commission and staff that there be a heightened awareness of building aesthetics.
Details can then be worked out. Otherwise, if there is not such direction and empha-
sis made by the City Council, the effort to amend the Ordinance and effectively just
restate what already exists is a futile one.
Dick Plufka stated that he feels neighborhood compatibility may not be a major issue
but that is definitely one the Council needs to address. He says he personally does
not believe the City needs to go to the extent of Eden Prairie's Ordinance with
specific standards.
Blair Tremere stated that at this point the process is one of the Task Force reaching
conclusions and specific findings with a report to the Development Council before it
is passed on to the Planning Commission. The direction for the Task Force came
directly from the City Council.
Dennis Zylla reiterated that his primary concern is that the City should express a
heightened awareness of the importance of buildinq aesthetics and relate that expecta-
tion to developers.
SUMHARY NOTES FOR THE BUILDIHC AESTHETICS TASK FORCE
October S, 1957
Page three
He related a recent example where he made a Motion at a Planning Commission meeting to
have plans amended for a building so that the exterior finish was the same on all four
sides of the building; the Motion did not receive a second after the developer
indicated that the economics of the building would not permit the same aesthetic
treatment on all four sides. The City Council approved the plan.
Dick Plufka stated that the Task Force should develop a Letter of Transmittal to the
City Council .and Planning Commission statinq the findings of the Task Force as a
group; it is his hope that if a total consensus cannot be reached, a majority
statement can be made with a minority report being attached by the one or more members
who are not in the majority. He said that he felt that the City Council should have
the benefit of all view points from the Task Force.
The next meeting is scheduled for Thursday, October 22, 1987 at 7:30 A.M.; it is
expected that the findings can be finalized so to be ready for distribution to members
of the Plymouth Developers Council at their meeting which is now scheduled on October
28, 1987.
S(VVIV3Y ROTES FOR THE BUILDING AESTHETICS TASK FORCF
MEETING DATE: September 10, 1947
MEMBER PRESENT: Chairman Richard Plufka
Craig Freeman
Robert Burger
Sohn Griffith
Dennis Zylla
MEMBER ABSENT: None
ALSO PRESENT: Community Development Director Blair Tremere
Discussion ensued about the information packet which included Ordinances from several
other communities. Dick Plufka commented that the Eden Prairie Ordinance standards
were not clear and questioned how enforceable they were.
Dennis Zylla stated that the direction of the Plymouth Ordinance as stated in the
Purpose Section was relatively negative or prohibitive and not as pro -active as it
could be. He suggested that the Committee should investigate developinq language that
would give more direction. He said the City should be sensitive to what other cities
are doing with respect to exterior aesthetics. He said his intent was not to dictate
architectural controls, but rather give guidance that would be reflective of the com-
munity's standards. He cited examples of several recent buildings developed in the
City.
Dick Plufka stated that the Ordinance now has requirements for information regarding
aesthetics, but do not contain much in the way of specifications as to what to do with
the information.
Dennis Zylla stated that the Planning Commission and City Council do not seem to be as
concerned as they might be about exterior aesthetics and thus, staff does not focus on
this topic in the review and analysis of development plans.
Bob Burger stated that his experience with the City has shown that the staff does show
concern with building aesthetics and the compatibility with area land uses, particu-
larly if residential land uses are involved.
Dennis Zylla stated that while landscaping is emphasized, the general aesthetics of
the building are not comparably treated.
Sohn Griffith stated that developers are actually required by virtue of their present-
ation to put a "quality face" forward and to in fact promote their product with
superior aesthetics.
Craig Freeman stated that City staff in Plymouth has directed him and other developers
to meet with neighborhood groups, for example, to discuss the aesthetics of a given
development.
Sohn Griffith stated that the City should decide what it wants and then make a formal
statement to the Development Community with the standards. He said the City might
lose developments to other communities if the standards are not reasonable, or are too
expensive to meet.
SUMMARY MOTES FOR THF BUILDIPdG AESTHETICS TASK FORCE
September 10, 1987
Paqe two
Blair Tremere stated that from a staff perspective, standards need to be enforceable
standards and that a definition of what the Citv wants is vital.
Bob Burger stated there always will be a problem of trying to legislate aesthetics and
develop a bureaucratic approach to defining "good taste".
Dick Plufka stated as a summary of his conclusions, to date, that he does not fully
concur with Dennis Zylla about the lack of concern by the Planning Commission; also,
the Planning Commission tends to put the onus on staff to convey information whereas,
it should be the developer who conveys the information about a development and its
aesthetics.
Dick Plufka suggested that each of the members should address the Council charge and
determine whether the City wants new standards; whether the City wants to establish a
separate review board; and, how the Ordinance might address compatibility" more
clearly.
He stated once that had been done, staff could be directed to develop a Policy
Statement.
He said he did not support establishment of a new and/or separate review board. He is
not convinced the Eden Prairie approach is practical or clear. He stated that
compatibility is a bona fide concern of the Planning Commission, thus of staff, and
that standards may actually evolve from a higher awareness of the need to address this
as plans are analyzed.
Bob Burger stated that he did not want to create a non -workable "monster" in the form
of another review body. He said that the basic philosophy of "if it works, don't fix
it" may apply here. He said another concern is that it is not clear what would happen
to existing and older buildings when they come up for remodeling or rehabilitation.
Would they be subject to a new set of aesthetic standards in addition to structural
Building Code requirements?
Bob Burger stated that sensitivity should perhaps be raised as to compatibility, but
that the Planning Commission and City Council can do that now within present Ordinance
language.
Dennis Zylla stated he did not favor another review board and that he had faith in
the ability of the Planning Commission and City Council to review building aesthe-
tics. He stated he did not agree with the Eden Prairie approach either, as to its
practicality, but that its intentions were well founded. He stated he did not partic-
ularly want to dictate architectural style but that the community standards should be
reflected in the Ordinances and Policies. An awareness should be raised, particularly
by the Planning Commission, about aesthetics during the Site Plan review. Perhaps a
statement of "awareness" could be developed.
Dennis Zylla stated that his prime concern is addressing compatibility more fully;
and, the City should accept a quality of product that other cities are getting
already. He acknowledged that comparative research may be needed to document this
point.
SUMMARY NOTES FOR THE WILDING AESTHETICS TASK FORCF
September 10, 1957
Page three
This is vital since the City is setting a tone that will be with the City over time.
Sohn Griffith stated that a retail buildinq is different than an office/warehouse
building and thus aesthetics is a different concern. Compatibility can be a problem
in that much additional time can be taken for review, especially if photographs are
needed. He said the key issue is the need to be more definitive and to determine
whether specific standards are needed or not. He said if they are not needed, then
the Committee has very little need for discussing this further.
Craig Freeman stated that he is not in favor of an additional review body or
additional regulations. He stated that it would mean additional costs which would
translate into higher rents. Developers could more regularly use protective covenants
as some once did) rather than defaulting to local government.
Craig Freeman stated that he was not convinced of the need to change the Ordinance and
to establish new standards.
Bob Burger stated that the City can guide developers on this matter without the need
for a new and more elaborate structure.
Dick Plufka stated that staff should be directed to prepare a statement to the City
Council indicating the following:
1. The Committee does not find it is advisable for the City to adopt additional
standards dealing with specific materials to be used in various structures.
2. The Committee does not feel it is advisable for the City to adopt additional
standards dealing with exterior appearance in architecture of commercial and
industrial structures.
3. The Committee does not find the need to establish an additional review board.
4. Regarding the standards listed in the excerpt from the Minnetonka Ordinance:
a. Plymouth has language dealing with consistency with various elements and
objectives of the City's long-range plans.
b. Plymouth has language dealing with consistency with the purposes of the
Ordinance.
c. Plymouth has language which deals with the preservation of the site in its
natural state insofar as practicable, by minimizing tree and soil removal;
and, by designing any grade changes so as to be in keeping with the gen-
eral appearance of the neighboring developed or developing areas.
d. Plymouth has language regarding the creation of a harmonius relationship
of buildings and open spaces with the terrain and with the existing and
future buildings.
e. Plymouth has language regarding creation of an internal sense of order for
the various functions and buildings on the site; and, provisions for a
desirable environment for occupants, visitors, and the general community.
SUMMARY NOTES FOR THE BUILDING AESTHETICS TASK FORCE
September 10, 1957
Page four
f. Plymouth has language regarding appropriateness of the amount and arrange- ment of open space and landscaping to the design and function of thedevelopment.
g. Plymouth does NOT have language that deals specifically with appropriate-
ness of materials, textures, colors, and details of construction as an
expression of the design concept of a project and the compatibility of the
same with adjacent and neighboring structures and functions.
h. Plymouth does have language dealing with adequacy of vehicular, cycling, and pedestrian circulation, including walkways, interior drives, and park- ing, in terms of location and number of access points to the public
streets with the drives and access points, general interior circulation,
separation of pedestrians, cycling, and vehicular traffic and the like.
i. Plymouth does have language regarding the creation of an energy -conservingdesignthroughthedesignlocationorientationandelevationof
structures.
j. Plymouth does not specify the use and location of glass in structures as adesignfeature.
k. Plymouth possibly has, subject to verifications, language regarding pro- tection of adjacent and neighboring properties through reasonable provis- ions for such things as surface water drainage, sound and sight buffers,
preservations of views, light and air, and those aspects of design not
adequately covered by other regulations, which have substantial effects onneighboringlanduses.
Dick Plufka stated there is now a basis for good direction in the present OrdinancethatthePlanningCommissionandtheCityCouncilcanuse. There may be a need forsomelanguagetyingitalltogether, particularly if some of the language is nowdirectedexpresslytowardPlannedUnitDevelopments, for example, rather than alldevelopments.
The standards are there, it is a matter of how the Planning Commission and Councilwishtousethem.
Further discussion ensued, Bob Burger and Dick Plufka stated that a Policy Statementshouldincludemultiplefamilybuildingsaswellcommercialandindustrialbuildings.
Dick Plufka stated that it was important to examine retail and fast food operations aswell, since many had a "package" effect.
Dennis Zylla stated that he would assemble further information including photographs
which would reinforce his points about developments in other communities.
Staff was directed to coordinate this meeting with the next Plymouth DevelopersCouncilandtoconfirmthedates.
April 27, 1987
Page 117
Manager Willis stated two cities were looked at, Golden Valley ARCHITECTURAL CONTROLS
and Eden Prairie. Golden Valley has a board which reviews the Item 9-E
architecture while Eden Prairie reviews the materials being
used. He recommended that the appropriate body to deal with
this would be the Planning Commission as the advisory board to
the Council.
Mayor Schneider noted that the Planning Commission has already
voted 2 to 4 not to discuss this concept.
Councilmember Sisk stated the Planning Commission has voted not
to study the issue. He suggested the City take a clear look at
the language to be used.
Councilmember Vasiliou stated she would like more emphasis on
residential storage areas than in pursuing this.
Discussion continued on compatability of buildings, how to set
design standards, and other cities which are doinq this.
Dennis Z lla, Planning Commission member, stated he was repre-
senting his ideas, not those of the Planning Commission, on this
item. He has been having a problem with plans being presented
to the Commission which were not specific as to the materials
which would be used; they simply gave the builder his choice
which could potentially create a problem with other buildings in
the area, especially when it abuts a residential area. He stat-
ed he gets concerned with people who attempt only to meet the
minimum standards. He would like these minimum standards raised
or ask developers to do more. He would like colored sketches
with all applications.
Councilmember Crain stated he believes it is appropriate to pay
more attention to the architecture's external, materials, and
general appearance of the building. He believes increased
attention should be paid to these aspects.
Mayor Schneider agreed but stated he would like it brought to
the attention of the developers right away if a change is made.
MOTION was made by Mayor Schneider, seconded by Councilmember
Sisk, to form a task force made up of a commercial/industrial
developer of modest size, a commercial/industrial developer of
large size, a pro Planning Commission member, a con Planning
1 Commission member, a retail developer, and a. staff member with
a recommendation to the Planning Commission and Council.
Motion carried, five ayes.
Councilmember Vasiliou stated she would like to see some sort of QUARTERLY REPORT
sequence of events as to at what time the City Attorney becomes PENDING CIVIL
involved in a case, files a suit on behalf of the City, makes an LITIGATION
offer or accepts an offer on behalf of the City, and how the Item 9-F
attorney knows that the City's position will be.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
November 18, 1987 MEMO
DATE:
Games G. Willis, City Manager
TO:rbFrankBoyles, Assistant City Manager
FROM:
FINAL RESIDENTIAL SURVEY QUESTIONS
SUBJECT
76
SUMMARY: Attached for final City Council approval is the residential
survey questions to be administered to 400 Plymouth residents in
December. This questionnaire reflects input provided from the CityCouncil, staff and members of the City's boards and commissions. The
recommendation that the survey time length be included in the prologue
is to be incorporated by advising those who ask. Decision Resource
experience shows that only about a third of the respondents ask about
survey length. If the time period is incorporated in the prologue,
the rejection rate is likely to increase, which requires the addition
of respondents and undermines the validity of the random sample.
Dr. Bill Morris will be present at the meeting to respond to Council
questions. Approval of the final residential survey instrument is
recommended by simple motion.
FB:kec
Attachment
DECISION RESOURCES, LTD. PLYMOUTH CITY SURVEY
3128 Dean Court Track/Issues/Demos
Minneapolis, Minnesota 55414 Draft 2.3
Hello, I'm of Decision Resources, Ltd., a nationwide
polling firm. We're talking with people in Plymouth today and
would like to ask you a few questions on a confidential basis.
DO NOT PAUSE)
A. Are you registered to vote in Yes (CONTINUE) .......... 1
Plymouth? No (THANK & TERMINATE)..2
1. Approximately how long have you
lived in Plymouth?
LESS THAN ONE YEAR ...... I
1 - 2 YEARS.............2
3 - 5 YEARS.............3
6 - 10 YEARS ............ 4
11 - 20 YEARS ........... 5
OVER TWENTY YEARS ....... 6
DON'T KNOW/REFUSED......?
2. In what city and/or state was your immediate prior residence
located?
3. As things now stand, how long in LESS THAN ONE YEAR ...... I
the future do you expect to live 1 - 2 YEARS.............2
in Plymouth? 3 - 5 YEARS.............3
6 - 10 YEARS ............ 4
OVER TEN YEARS .......... 5
DON'T KNOW/REFUSED ...... 6
Could you please tell me how many people in each of the following
age groups live in your household. Let's start oldest to
youngest.
4. First, persons over 55?
5. Other adults?
6. High school aged (grades 10-12)?
7. Junior high aged children
grades 7 -9)? ----------
B. Elementary school aged
grades K -8)? ----------
9. Pre-schoolers?
1
10. How would you rate the quality of EXCELLENT...............1
life in Plymouth -- excellent, GOOD....................2
good, only fair, or poor? ONLY FAIR ................
POOR....................4
DON'T KNOW/REFUSED ...... 5
11. Over the next five years, do you DECLINE.................1
expect the quality of life in REMAIN ABOUT THE SAME ... 2
Plymouth to decline, remain about IMPROVE.................3
the same, or improve? DON'T KNOW/REFUSED ...... 4
12. What do you like MOST about living in Plymouth?
13. What do you like LEAST about living in Plymouth?
14. How much pride do you take in the GREAT DEAL..............1
City of Plymouth as a place to QUITE A LOT.............2
live -- a great deal, quite a SOME....................3
lot, some, or very little? VERY LITTLE.............4
DON'T KNOW/REFUSED ...... 5
15. If you had the chance, would you YES.....................I
liketo move away from your NO......................2
neighborhood in Plymouth? DON'T KNOW/REFUSED ...... 3
IF "YES" IN QUESTION #15, ASK:
16. Where would you like to
move?
IN PLYMOUTH.............1
ANOTHER SUBURB .......... 2
FURTHER FROM MPLS....... 3
OUT OF MINNESOTA ........ 4
DON'T KNOW/REFUSED ...... 5
17. If you were moving to another city, what factors would be
most important to you in selecting your new place of
residence?
18. If it were needed to maintain FAVOR...................I
city services at their current OPPOSE..................2
level, would you favor or oppose DON'T KNOW/REFUSED ...... 3
an increase in city property
taxes?
2
19. Do you consider property taxes in EXCESSIVELY HIGH........]
Plymouth to be excessively high, RELATIVELY HIGH ......... 2
relatively high, about average, ABOUT AVERAGE ........... 3
or comparatively low? COMPARATIVELY LOW ....... 4
DON'T KNOW/REFUSED ...... 5
As you may know, property taxes are divided between the City of
Plymouth, Hennepin County, and your local public school district.
20. For each dollar of property tares UNDER TEN PERCENT# ...... 1
you pay, about what percentage do 10% TO 20% ..............2
you think goes to city govern- 21% TO 30% ..............3
ment? 31% TO 40% ..............4
41% TO 50% ..............5
51% TO 60% ..............6
61% TO 70% ..............7
OVER SEVENTY PERCENT .... 9
DON'T KNOW/REFUSED ...... 9
21. Overall, would you rate park and EXCELLENT...............1
recreation facilities in Plymouth GOOD....................2
as excellent, good, only fair, or ONLY FAIR...............3
Poor? POOR....................4
DON'T KNOW/REFUSED ...... 5
I would like to read you a short list of government services, and
have you tell me, for each one, whether you are generally satis-
fied or dissatisfied with that service....
SATIS DSSAT BOTH/ D.K./
NEITH REF.
22. Park Maintenance 1 2 3 4
23. Snow Plowing 1 2 3 4
24. Police 1 2 3 4
25. Fire Protection 1 2 3 4
26. City Street Maintenance 1 2 3 4
27. County Road and Highway
Maintenance 1 2 3 4
28. Animal Control 1 2 3 4
IF "DISSATISFIED" IN QUESTIONS #21-28, ASK FOR EACH ONE:
29. Why are you dissatisfied with
3
Let's talk about Plymouth City Government for a few minutes.
When many people think about their local government, they think
of the elected officials who represent them....
30. How much do you feel you know GREAT DEAL..............I
about the work of the Mayor and FAIR AMOUNT.............2
City Council -- a great deal, VERY LITTLE.............3
a fair amount, or very little? DON'T KNOW/REFUSED ...... 4
31. From what you know, do you approve STRONGLY APPROVE ........ I
or disapprove of the job the Mayor SOMEWHAT APPROVE ........ 2
and City Council are doing? (WAIT SOMEWHAT DISAPPROVE ..... 3
FOR RESPONSE) And do you feel STRONGLY DISAPPROVE ..... 4
strongly that way? DON'T KNOW/REFUSED ...... 5
32. Offhand, do you recall the name SCHNEIDER NAMED ......... 1
of the Mayor? (IF "YES," ASK:) OTHER NAMED.............2
What is his name? DON'T KNOW/REFUSED ...... 3
OTHER: J
Do you recall the names of any current members of the Plymouth
City Council? (IF "YES," ASK.:) Which council members do you
recall?
MENTIONED NOT MENTIONED
33. David Crain 1 2
34. Maria Vasiliou 1 2
35. Bob Zitur 1 2
36. Jerry Sisk 1 2
37. Other [ J 1 2
38. How much first-hand contact have QUITE A LOT.............I
you had with the Plymouth City SOME....................2
staff -- quite a lot, some, or VERY LITTLE.............3
very little? DON'T KNOW/REFUSED ...... 4
39. From what you have seen or heard, EXCELLENT...............1
how would you rate the job per- GOOD....................2
formance of the Plymouth City ONLY FAIR...............3
staff -- excellent, good, only POOR....................4
fair, or poor? DON'T KNOW/REFUSED ...... 5
40. During the past twelve months, YES.....................1
have you contacted anyone working NO......................2
for the City of Plymouth to ob- DON'T KNOW/REFUSED ...... 3
tain information, to get service,
or make a complaint?
IF "YES," ASK:
M
41. What was the nature of your most recent inquiry, that
is, what information or service did you need?
42. Which department or official did you contact first
about this inquiry?
43. In general, were you satis- SATISFIED...............1
fied or dissatisfied with DISSATISFIED ............ 2
the way your inquiry was DON'T KNOW/REFUSED ...... 3
handled?
IF "DISSATISFIED" IN QUESTION #43, ASK:
44. Why were you dissatisfied?
The Plymouth park system is composed of trails, larger city
parks, community playfields, and smaller neighborhood parks. Of
these four types of facilities, which do members of your
household use?
USE NONUSE D.K../REF
45. Trails 1 2 3
46. Larger city parks 1 2 3
47. Community playfields 1 2 3
48. Smaller neighborhood parks 1 2 3
49. Do you feel that the current mix YES.....................1
of recreational opportunities NO......................2
sufficiently meets the needs of DON'T KNOW/REFUSED ...... 3
the members of your household?
IF "NO" IN QUESTION #49, ASK:
50. What additional recreational opportunities would you
like to see the City of Plymouth offer residents?
5
51. What is the location of your principal retail shopping area?
52. How important to you is it that VERY IMPORTANT..........]
the City of Plymouth develop a SOMEWHAT IMPORTANT ...... 2
central retail shopping area in NOT AT ALL IMPORTANT .... 3
the city -- very important, DON'T KNOW/REFUSED ...... 4
somewhat important, or not at
all important?
53. Should the development of conven- YES.....................I
ience outlets in Plymouth, such NO......................2
as gas stations and food stores, DON'T KNOW/REFUSED ...... 3
be made a top priority?
54. Do you feel that residents have ADEQUATE ................]
an adequate opportunity for in- INADEQUATE..............2
put into the zoning and land use DON'T KNOW/REFUSED ...... 3
decision-making process in
Plymouth?
55. Do you feel the City of Plymouth T00 TOUGH...............I
is too tough, about right, or not ABOUT RIGHT.............2
tough enough in enforcing the NOT TOUGH ENOUGH ........ 3
City Code on such nuisances as DON'T KNOW/REFUSED ...... 4
animal control, garbage disposal,
junk cars, and noise?
IF "T00 TOUGH" OR "NOT TOUGH ENOUGH," ASK:
56. Why do you feel that way?
57. In the past, have you had City YES.....................1
Inspectors come to your resi- NO......................2
dence? DON'T KNOW/REFUSED ...... 3
IF "YES" IN QUESTION #57, ASK:
58. What was the purpose of their visit(s)?
59. How would you rate their VERY HELPFUL ............ I
helpfulness -- very helpful, SOMEWHAT HELPFUL ........ 2
somewhat helpful, or not at NOT AT ALL HELPFUL ...... 3
all helpful? DON'T KNOW/REFUSED ...... 4
6
60. In general, do you feel that the YES.....................1
City enforces its codes fairly NO......................2
and consistently? DON'T KNOW/REFUSED ...... 3
61. How would you rate the general EXCELLENT...............I
appearance of your neighborhood GOOD....................2
excellent, good, only fair, ONLY FAIR...............3
or poor? POOR....................4
DON'T KNOW/REFUSED ...... 5
62. Do you feel your municipal water COMPARATIVELY HIGH ...... 1
and sewer charges are compara- ABOUT RIGHT.............2
tively high, about right, or COMPARATIVELY LOW ....... 3
comparatively low for the Metro- DON'T KNOW/REFUSED ...... 4
politan Area?
63. Other than voting, do you feel YES.....................I
that if you wanted to, you could NO......................2
have a say about the way the City DON'T KNOW/REFUSED ...... 3
of Plymouth runs things?
There has been a substntial amount of commercial and industrial
development in Plymouth.
64. Do you feel that the pace of TOO RAPID...............I
commercial and industrial devel- ABOUT RIGHT.............2
opment in the city has been too NOT FAST ENOUGH ......... 3
rapid, about right, or not fast DON'T KNOW/REFUSED ...... 4
enough?
65. Does the development across the WELL-PLANNED ............ 1
city seem well-planned for the DISCONNECTED ............ 2
future of Plymouth or a series BOTH (VOL.).............3
of disconnected projects? DON'T KNOW/REFUSED ...... 4
66. Do the more recent commercial and BLEND...................1
industrial developments aesthet- DO NOT BLEND ............ 2
ically blend with the natural DON'T KNOW/REFUSED ...... 3
landscape, or not?
67. Do you currently separate recy- YES.....................I
clables from the rest of your NO......................2
garbage? DON'T KNOW/REFUSED ...... 3
IF "YES" IN QUESTION #67, ASK:
Which of the following materials do you recycle?
YES
68. Glass? 1
69. Newspaper and cardboard? 1
70. Metal and aluminum? 1
7
NO D. K. REF.
2 3 4
2 3 4
2 3 4
71. Do you use the drop-off DROP-OFF CENTER ......... I
center for recycling, CURBSIDE PICK-UP ........ 2
participate in the curb- OTHER PROGRAM ........... 3
side pick-up recycling DON'T KNOW/REFUSED ...... 4
program, or use some [Other:
other program? ------------------------I
IF "NO" IN QUESTION #71, ASK:
The City offers a twice monthly curbside collection of
recyclable materials, such as newspaper, glass, and metal.
72. Could you tell me why don't you participate in this
program?
73. Are there ways the curbside recycling program could be
changed or enhanced so that you would participate? (IF
YES," ASK:) What are they?
As you may know, several refuse haulers serve Plymouth. This
arrangement has permitted citizens to choose their own haulers
and contract directly with them. But, it has also created sig-
nificant overlap between the haulers and increased noise and
congestion on city streets.
74. Of the following three proposals,
which do you most favor:
A. The City contracts with one
hauler to serve the entire city.
B. The City contracts with a
group of haulers, each serving one
area of Plymouth exclusively.
C. The present system.
PROPOSAL A ..............1
PROPOSAL B ..............2
PROPOSAL C ..............3
DON'T CARE (VOL.) ....... 4
DON'T KNOW/REFUSED ...... 5
Hennepin County will soon require all residents to separate
recyclable from their trash. The City of Plymouth is currently
reviewing alternatives to comply with the county requirement.
One approach would be to contract for the separation procedure to
be undertaken for all citizens in the city....
e
75. Would you favor or oppose re-
placing the curbside recycling
pick-up program with a system
in which the City contracted
with haulers to collect all
refuse, and the collectors later
separated recyclable materials
from other trash?
FAVOR...................1
OPPOSE..................2
DON'T KNOW/REFUSED ...... 3
Another approach would be to offer incentive to residents to do
their own separation....
76. Would you favor or oppose the FAVOR...................1
city arranging to base garbage OPPOSE..................2
collection fees upon the amount DON'T KNOW/REFUSED ...... 3
of refuse a household set out,
so that households which recy-
cled would be charged less?
77. Are there safety hazards in the City of Plymouth which
particularly concern you? (IF "YES," ASK,:) What are they?
On another topic....
In the past, the City has considered building a community center
containing recreational facilities and meeting areas.
78. Do you support or oppose the STRONGLY FAVOR .......... 1
building of a community center SOMEWHAT FAVOR .......... 2
in Plymouth? (WAIT FOR RE- SOMEWHAT OPPOSE ......... 3
SPONSE) Do you feel strongly STRONGLY OPPOSE ......... 4
that way? DON'T KNOW/REFUSED ...... 5
I would like to read you a list of facilities that could be
included in the community center. For each one, please tell me
if you would strongly favor, somewhat favor, somewhat oppose, or
strongly oppose its inclusion in the complex.
ST FAV FAVOR OPPOS ST OPP DK/RF
79. A senior citizen
center? 1 2 3 4 5
80. A county library? 1 2 3 4 5
81. An indoor swimming
pool? 1 2 3 4 5
82. An indoor ice skating
rink? 1 2 3 4 5
83. A multipurpose gym-
nasium? 1 2 3 4 5
1Z
ST FAV FAVOR OPPOS ST OPP DK/RF
84. An exercise room? 1 2 3 4 5
85. -A meeting and crafts
room? 1 2 3 4 5
86. Are there any other facilities you would like to see in the
community center? (IF "YES," ASK.:) What are they?
87. If the proposed community center
contained the features you
favored, how much more likely
would you be to support its
construction -- quite a lot more
likely, somewhat more likely, or
not at all?
QUITE A LOT MORE ........ 1
SOMEWHAT MORE LIKELY .... 2
NOT AT ALL LIKELY ....... 3
DON'T KNOW/REFUSED ...... 4
To build a community center will require passage of a bond ref-
erendum. Taxpayers would be asked to pay for the construction of
the facility and to share in the cost of operating the center.
User fees would also underwrite its operation.
88. How much would you be willing to
pay in additional property taxes
to support the construction and
partial operation of a Plymouth
Community Center. (START WITH
A RANDOMLY SELECTED CHOICE FROM
1 - #8) Let's say, would you be
willing to pay $----- per year?
MOVE TO NEXT CHOICE UP OR DOWN
DEPENDING ON ANSWER.... REPEAT THE
PROCESS.)
NOTHING.................1
25 .....................2
50 .....................3
75 .....................4
100 ....................5
125 ....................6
150 ....................7
175 ....................8
200 ....................9
DON'T KNOW/REFUSED..... 10
89. Are you aware of the Neighborhood UNAWARE.................1
Watch Program? (IF "YES," ASK:) AWARE/NOT MEMBER ........ 2
Are you a member? AWARE/MEMBER ............ 3
DON'T KNOW/REFUSED ...... 4
90. Do you or any members of your NONE....................I
household own an automobile? ONE.....................2
IF "YES," ASK:) How many auto- TWO.....................3
mobiles are owned by members of THREE...................4
this household? FOUR OR MORE ............ 5
DON'T KNOW/REFUSED ...... 6
91. Do you feel that the availability YES.....................I
of public transportation is ade- NO......................2
quate for the needs of you and DON'T KNOW/REFUSED ...... 3
your household?
IF "NO" IN QUESTION #91, ASK:
10
92. What additional services would you like to see offered?
93. Do you currently use the Park and DON'T USE/NO ............ I
Ride Service? (IF "NO," ASK:) DON'T USE/YES ........... 2
If parking lots were closer to USE CURRENTLY ........... 3
your home, would you be more DON'T KNOW/REFUSED ...... 4
likely to use the service?
94. How would you rate the City's EXCELLENT...............I
overall performance in communi- GOOD....................2
cating key local issues to resi- ONLY FAIR...............3
dents in its publications and on POOR....................4
cable television -- excellent, DON'T KNOW/REFUSED ...... 5
good, only fair, or poor?
95. What is you primary source of
information concerning city
government in Plymouth -- news-
papers, radio, television, city
publications, neighbors, or
something else?
NEWSPAPERS..............1
RADIO...................2
TELEVISION..............3
CITY PUBLICATIONS ....... 4
NEIGHBORS...............5
SOMETHINGELSE
DON'T KNOW/REFUSED ...... 7
IF SPECIFIC MEDIA IN QUESTION #95, ASK:
96. Could you tell me which (newspaper/radio station/tele-
vision station/city publication)?
IF "SOMETHING ELSE," IN QUESTION #95, ASK:
97. What is that other source?
98. Do you recall receiving the bi-
monthly city publication,
Plymouth on Parade"?
IF "YES" IN QUESTION #98, ASK:
99. Do you or any members of
your household read
Plymouth on Parade"?
IF "YES" IN QUESTION #99, ASK:
YES.....................1
NO......................2
DON'T KNOW/REFUSED ...... 3
YES.....................I
NO......................2
DON'T KNOW/REFUSED ...... 3
100. How helpful is the publica- VERY HELPFUL ............ 1
tion in providing news about SOMEWHAT HELPFUL ........ 2
the city -- very helpful, NOT AT ALL HELPFUL ...... 3
somewhat, or not at all? DON'T KNOW/REFUSED ...... 4
11
Some people feel that "Plymouth on Parade" should just provide
information on city recreation programs. Others feel it should
cover current news about City Council decisions, city policies
and programs. Still others believe that both recreation and news
topics should be covered.
101. How do you feel -- should it pri- JUST RECREATIONAL ....... I
marily focus on recreational pro- ALSO COVER NEWS ......... 2
grams, primarily focus on timely NEITHER.................3
news items, or cover both recre- DON'T KNOW/REFUSED ...... 4
ational and City news items?
102. Does this household subscribe to YES.....................1
cable television? NO......................2
DON'T KNOW/REFUSED ...... 3
IF "YES" IN QUESTION #102, ASK:
103. Do any members of this YES.....................I
household watch the Plymouth NO......................2
City Council Meetings broad- DON'T KNOW/REFUSED ...... 3
casts?
Over the last year, the City has produced cable television
programs on the topics of solid waste recycling, the City
budget, meet your Mayor and Council, introductions to City
Council meetings, Plymouth Metrolink, snowplowing, and
similar topics.
104. Are there any other specific topics or issues you would
like to see covered in city -produced cable television
programs?
Now, just a few more questions for statistical purposes....
105. Do you own or rent your present
residence?
106. What is your age, please?
READ CATEGORIES)
OWN.....................1
RENT....................2
REFUSED.................3
18-24 ...................1
25-34 ...................2
35-44 ...................3
45-54 ...................4
55-64 ...................5
65 AND OVER.............6
REFUSED.................7
107. What is the occupation of the head of this household?
12
108. What is your present marital SINGLE..................I
status, please? Are you pre- MARRIED.................2
sently single, married, divorced DIVORCED................3
or widowed? WIDOWED.................4
REFUSED.................5
IF "MARRIED" IN QUESTION 4108, ASK:
109. Do both spouses work outside YES.....................I
the home? NO......................2
DON'T KNOW/REFUSED ...... 3
110. How many full-time employed members of this
household work in the City of Plymouth? ----------
111. How many full-time employed members of this
household work outside the City of Plymouth?
112. Can you tell me approximately
what is the level of income for
all members of your household
before any taxes? Is the total
annual income:
READ CHOICES #1-#7)
BELOW $10,000...........1
10,001-$20,000.........2
20,001-$30,000.........3
30,001-$40,000.........4
40,001-$50,000.........5
50,001-$60,000.........6
60,001-$70,000.........7
OVER $70,000............8
DON'T KNOW..............9
REFUSED................10
113. Sex (BY OBSERVATION: DO NOT ASK) MALE....................1
FEMALE..................2
Thank you very much for your time.
LIST
PHONE NUMBER
INTERVIEWER
DATE
13
4
C
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: November 19, 1987 for City Council Meeting November 23, 1987
TO: James G. Willis, City Manager
FROM: Community Development Coordinator Ray D. Anderson through Blair Tremere,
SUBJECT
Community Development Director
REQUEST BY JERRY JENSEN, LYNDALE TERMINAL, FOR AN AMENDMENT TO THE SITE
PLAN APPROVAL FOR HOLIDAY PLUS STORE, 4445 NATHAN LANE (83025)
SUMMARY: One of the attached Resolutions denies the request for an amend-
ment to the approved Site Plan to allow 24-hour operation. The
Planning Commission considered the request at their November 10, 1987 meeting and voted
4 to 2 to recommend denial. The Planning Commission considered the item at a hearing
as directed by the City Council on October 5, 1987. The neighbors who expressed an
interest in the project at the original Planning Commission and Council meeting were
notified of this hearing, as directed by the City Council.
The Planning Commission also had a legal opinion prepared by the City Attorney as
directed by the City Council.
Also attached is a Resolution approving the request which was and is still recommended
by staff.
The Planning Commission made an effort to separate the legal issues from the basic land
use consideration. I am not certain this is feasible but the Planning Commission
effort was within the scope of their role which includes conducting hearings and making
recommendations on land use principles alone.
The Commission expressed several concerns including the apparent need to continue hav-
ing the condition which set hours as a matter of reducing impact on the adjacent resi-
dential neighborhood. The Commission correctly noted that the Holiday Plus store is
not Just a grocery store, but actually has a number of departments (other than the
restaurant) which would also be open during the extended hours. The significance of
this is that the petitioner has made an argument based on the hours of other retail
stores in the City which are open 24 -hours.
However, the City does not regulate hours of permitted uses such as shopping centers
which perhaps represent a better comparable use category for Holiday Plus.
The Commission discussion included the suggestion that the equity argument raised by
the petitioner could better be addressed with the City considering establishing hours
of operation for permitted, as well as conditional, uses.
Page two
Memorandum to City Manager
City Council Meeting, November 23, 1987
November 19, 1987
I concur with the City Attorney's findings and recommend that the request be approved
unless the City Council can directly attribute the hours of operations to a Site Plan
related concern. I recommended that the Planning Commission consider a new condition
that would require a review, say, in one year, to see if the extended hours of opera-
tion had been problematical and thus warranted re-establishment of restrictive hours.
The petitioner objected to this recommended condition and seeks approval of the request
as originally submitted to the City Council with no additional conditions. The
petitioner accurately notes that the City does have other regulations relative to
lighting and noise which could be enforced if in fact the Holiday Plus store generates
such problems.
Attachments
1. Resolution Denying Request
2. Resolution Approving Request
3. November 10, 1987 Planning Commission Minutes
4. November 4, 1987 Planning Staff Report
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of 19 The
following members were present: _
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION 87 -
DENYING REQUEST TO AMEND THE APPROVED SITE PLAN RESOLUTION FOR JERRY JENSEN, LYNDALE
TERMINAL FOR HOLIDAY PLUS STORE, 4445 NATHAN LANE (83025)
WHEREAS, Jerry Jensen, Lyndale Terminal, has requested approval for an amendment to
Resolution No. 83-354 which approves the Site Plan and seeks to extend the business
hours for the Holiday Plus store located at 4445 Nathan Lane; and,
WHEREAS, the City Council considered this request on October 5, 1987 and directed that
the Planning Commission conduct a hearing to include persons who expressed an interest
in the project at the original meetings regarding the Site Plan; and,
WHEREAS, the Planning Commission reviewed the request at a Public Hearing on November
10, 1987 and and recommended denial;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does deny the request by Jerry Jensen, Lyndale
Terminal, to amend Resolution No. 83-354 which approves the Site Plan for Holiday Plus
store located at 4445 Nathan Lane, based on the following:
1. The facility represents a retail operation which includes a range of merchandise
much broader than that offered in grocery stores.
2. The limited hours of operation were originally set to reduce the site impact,
including noise and lights, upon the residential neighborhood, and the
circumstances have not changed.
3. Approving this request could set an undesirable precedent regarding other
commercial uses where it has been determined hours are needed to mitigate site
impact.
4. The original approval under Resolution No. 83-354, approving the Site Plan, and
this action is consistent with the November 5, 1987 opinion by the City's
Attorney.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The o owing
voted against or abstained: hereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the ,
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present: _
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
AMENDING RESOLUTIONS NO. 83-354 AND 84-184 FOR JEROME JENSEN, LYNDALE TERMINAL COMPANY,
FOR HOLIDAY PLUS STORE AT 4445 NATHAN LANE (83025/84017)
WHEREAS, Jerome Jensen has requested an amendment to the Resolution approving the Site
Plan for the Holiday Plus Store at 4445 Nathan Lane to eliminate the specified hours of
operation; and,
WHEREAS, the City Council approved the Site Plan including hours of operation under
Resolution No. 83-354; and,
WHEREAS, the City Council also approved a Conditional Use Permit for a Class II
Restaurant in the Holiday Plus Store under Resolution No. 84-184, specifying that the
hours be the same as the store operation; and,
WHEREAS, the petitioner's correspondence dated September 9 and September 18, 1987 has
explained the request and has indicated that the restaurant would maintain the hours of
operation previously specified; and,
WHEREAS, the City Council considered the request on October 5, 1987 and directed prep-
aration of a legal opinion and a hearing to be conducted by the Planning Commission;
and,
WHEREAS, the Planning Commission conducted a hearing on November 10, 1987 which
included input from neighbors who had expressed an interest in this project at the
original Planning Commission and City Council meetings;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request of Jerome Jensen for Lyndale
Terminal Company for the Holiday Plus Store as follows:
1. Condition No. 10 of Resolution No. 83-354 is hereby amended to read:
All exterior lighting shall be in compliance with Ordinance standards and there
shall be no glare emitting beyond the boundaries of the site."
2. Condition No. 6 of Resolution No. 84-184 is hereby amended to read as follows:
Hours of operation shall be limited to 8:00 A.M. to 11:P.M., Monday through
Saturday; and, 9:00 A.M. to 7:00 P.M. on Sunday."
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
Page 256
Plann.inq Commission Minutes
November 10, 1987
Chairman Steigerwald introduced the request by Dennis
Backes, Northwood Homes. Reading of the November 4, 1987
staff report was waived.
Chairman Steigerwald introduced Mike Gair, Gair & ssoci-
ates, representing the petitioner. Mr. Gair st d that Co-
ordinator Anderson and City staff m>embers e very helpful
in working with them through the review ocess. The plans
reflect the changes directed by the ommission and City
staff.
Chairman Steigerwald opened th ublic Hearing, as there was
no one present to speak on t s item, the Public Hearing was
closed.
NORTHWOOD HOMES
LOT CONSOLIDATION
FINAL PLAT
CONDITIONAL USE
PERMIT AND SITE
PLAN (87058/87093
and 87108)
MOTION by Commission Stulberg, seconded by Commissioner POTION TO APPROVE
Plufka to recomme approval for the Lot Consolidation,
Final Plat, Condi conal Use Permit, and Site Plan for Dennis
Backes, North d Homes, subject to the conditions as listed
in the November 4, 1987 staff report.
Roll Call Vote. 6 Aves. MOTION carried. VOTE - MOTION CARRIED
Chairman Steigerwald introduced the request by Jerome UEROME JENSEN
Jensen, Lyndale Terminal for Holiday Plus store. Coordina- LYNDALE TERMINAL
for Anderson provided an overview of the November 4, 1987 AMEND RESOLUTION
staff report. APPROVING SITE PLAN
FOR HOLIDAY PLUS
Chairman Steigerwald confirmed that the hours of operation STORE (83025)
for the restaurant inside the store would not change; arid,
he inquired about any complaints lodged with the City re-
garding the lighting.
Coordinator Anderson stated the hours for the restaurant
would not change, and there was no record of complaints
lodged regarding the lighting on the Holiday site.
Commissioner Wire confirmed that before this property was
zoned B-2 (shopping center business) District, it was guided
CN (neighborhood shopping center).
Chairman Steigerwald introduced Tom Erickson, Attorney with
Dorsey, Whitney, representing Lyndale Terminal. He stated
they had gone before the City Council to request that the
restriction on hours of operation be removed to allow the
store to be open 24 hours. He cited case law and the report
from the City Attorney as bases for the amendment to the
approved site plan. He stated they support the staff recom-
mendation for approval and request approval by the Planning
Commission; however, they object to the last paragraph of
the report which notes, " a condition could be added to pro-
vide a report be submitted in one year as to any adverse
external impacts, due to the extended hours of the
operation."
Page 257
Planning Commission Minutes
November 10, 1997
The City does riot regulate hours for shopping centers and
this should apply to the Holiday Plus Store. He stressed
that the City should be uniform in applying restrictions and
regulations.
Mr. Erickson stated that adding a condition reimposing the
restricted hours would be contrary to the City Attorney's
statements. He requested that the Planning Commission
recommend approval without further condition for review in
one year.
Chairman Steigerwald inquired if Lyndale Terminal would come
back in one year requesting additional hours of operation
for the restaurant? Mr. Erickson stated he could not com-
mit on this.
Commissioner Plufka confirmed that the restaurants in Four
Seasons Shopping Center have approved hours of operation
through their Conditional Use Permits; but approvals for
permitted uses would not necessarily reflect hours of
operation.
Chairman Steigerwald noted that Holiday Plus is similar to
Byerly's and other large grocery stores in the metro area.
Commissioner Wire inquired about the land use guiding for
other grocery stores and inquired what the guiding was for
the grocery store at State Highway 101 and County Road 6.
Coordinator Anderson confirmed that the guiding for this
area is CN (neighborhood shopping center).
Commissioner Zylla inquired whether Mr. Erickson was speak-
ing to the legality of the original condition that set hours
of operation; or, just to simple fairness and equal treat-
ment for similar businesses?
Mr. Erickson stated the City had no authority at the time of
setting the original condition; nor, do they have the
authority now to impose these restrictions. He was speaking
of fairness through the law.
Commissioner Plufka noted that the City Attorney states
there are presently no uses, in Plymouth, similar to the
Holiday Plus store for comparison at this time.
Commissioner Z_ylla commented that statements made were more
to the issue of fairness, not to a legal issue as cited by
Mr. Erickson.
Page 258
Planning Commission Minutes
November 10, 1957
Mr. Erickson quoted the City Attorney's statement that "a
zoning ordinance must operate uniformly on those similarly
situated "; if Holiday Plus store meets the standards of the
zoning ordinance they should be able to operate as any other
similar use.
Commissioner Plufka stated he accepts that statement if
there is reasonable basis that there would be no detriment
to the health, welfare and safety of the community.
Chairman Steigerwald opened the Public Hearing.
Mr. Roger Eggen, 9905 51st Avenue North, stated he lives
near the Holiday store and was involved with the approval
process for the site. He noted they were in court on this
issue; and he opposes the request.
He believes the approvals were granted in good faith and any
changes would compromise what was originally approved for
the site in 1983. He stated the conditions of approval are
for the protection of the neighborhood. Today, over four
years after development of the Holiday Plus store, there are
more populated neighborhoods which make it more important to
have these restrictions because of the impacts on the
residents. He stated his question is still whether this
site is appropriate for a neighborhood or regional shopping
area; a 24-hour operation would put it closer to a regional
shopping center in his opinion. This store would not draw
walking public and no residents would walk to the store
during early morning hours. Granting this amendment will
open a Pandora's Box" giving the potential for restaurants,
gasoline stations, and other retail operations to opt for
24-hour operation.
Mr. Eggen stated the site lighting is a problem, it produces
a "corona effect" and spills into the neighborhood. He
stated that after the approvals were granted to the Holiday
Plus store, there was pressure from others such as Holiday
Station and Burger King who came in for extended hours. He
noted that Ridgedale, Southdale, and Brookdale shopping
centers are not open 24 -hours.
Mr. Eggen noted that the October 5, 1987 City Council
Minutes would reflect that Councilmembers gave examples of
complaints regarding Holiday Plus store. He stated they
have not been an exemplary corporate neighbor to the resi-
dents and the City does have registered complaints on this
operation. He does not believe anyone would want to live
next to a 24-hour operation; and, that Holiday has taken
advantage of the neighborhood and the City. The residents
deserve better than this.
Page 259
Planning Commission Minutes
November 10, 1987
Mr. David Burke, 4220 Nathan Lane, stated the City agreed to
be aware of whether Holiday would operate a clean store;
and, if not, the City would clean the site and charge Holi-
day. He stated he has seen refuse and litter on the site.
He noted areas where trees were removed and not replaced.
Because Holiday sells hunting equipment and firearms, it
does not compare to Byerly's grocery store. He asked why
if the City did not have the right to place these conditions
of approval, did Lyndale Terminal agree to thein? He stated
his opposition to the removal of the condition and believes
that when the City places conditions on development, the
citizens should be able to count on that.
Bill Martineau, 4270 Quaker Lane, stated he can testify re-
garding the lighting from this site and looks forward to the
time at night when the lights are turned off. He took the
City's conditions in good faith and believes the City should
be consistent with the original decision and continue the
restriction as it stands.
Mr. Erickson stated that upgrading County Road 9 will bring
additional customers to this commercial area. The merchan-
dising by Holiday is a permitted use. The question of
Lyndale Terminal agreeing to the condition as imposed was
due to external pressure and the need to proceed with the
development. The issue of the plantings has been resolved
and they were not aware of any recent problems with the
landscaping. If there are further corrections to be made,
this would be done. He noted that the lights along County
Road 9 and County Road 18 will dwarf the lighting on the
Holiday site.
Chairman Steigerwald closed the Public Hearing.
MOTION by Commissioner Wire, seconded by Chairman MOTION TO DENY
Steigerwald to recommend denial of the request to amend the
Resolution approving the Site Plan for Holiday Plus Store,
based on the following: The facility represents a retail
operation with a broader range of sale items (merchandise)
than is found in other grocery stores; the limited hours of
operation were set to reduce the impact upon the residential
neighborhood and that situation has not changed; approving
the 24-hour operation for Holiday Plus Store will set a
precedent allowing others to come before the City to request
extended hours to meet area and regional competition; and,
the original approval is consistent with the City Attorney's
report dated November 5, 1987.
Page 260
Planning Commission Minutes
November 10, 1987
Commissioner Stulberg stated he would vote in favor of the
Motion. He does not believe the Commission should deal with
the question of fairness under the law or the legal merits;
nor, is there assurance that this store should be classed
differently from other grocery stores. Most grocery stores
today have sections of hard and soft goods and "mega
markets" are the present trend.
Commissioner Stulberg was also concerned that the City
assure that petitioners have complied with all conditions
which were part of their original Site Plan approval or,
whatever the application may be.
Coordinator Anderson responded with the example of the Site
Improvements Performance Agreements and subsequent site
inspections for the release of financial guarantees; and,
also the use of Development Contracts. Commissioner
Stulberg stated this should be checked out thoroughly with
any changes or amendments to approved plans.
Commissioner Pauba supports the Motion. He was opposed to
this development which did riot meet the criteria for a
neighborhood shopping center. This operation is beyond that
realm; and, the hours of operation should remain as
approved.
Commissioner Plufka stated he would speak against the
Motion. Whatever the position is on its appropriateness is
immaterial, the store exists. The zoning standards are the
same for Holiday Plus and the grocery store in the shopping
center across the street; and, that facility was not re-
quired to apply to the City to increase hours of operation.
Conditional Use Permits were required for the Burger King
and Holiday Station Store. Any reported Zoning Ordinance,
Code, or Permit violations would be handled through City
channels. The staff report reflects no history of problems
related to the Holiday Plus site. The only activity within
the store he would find objectionable, would be the 24 hour
sale of firearms.
Commissioner Zylla stated he could not support the Motion
nor the staff recommendation. His review of the material
concerning this request leads him to believe the Commission
should not be considering this item. The City Attorney
seemed to take the position the Commission could go either
way. This is a legal issue and the City Attorney should
advise the City Council on the decision to support or deny
the amended Resolution. He is sympathetic to the residents'
concerns.
Page 261
Planning Commission Minutes
November 10, 1987
Chairman Steigerwald stated he seconded the Motion because
this site is in a sensitive area and affects many neighbor-
hood residents. Having heard the opposition, he does not
believe a 24-hour operation will help to alleviate those
concerns.
Commissioner Plufka stated he is not drawing any legal
conclusions, but uniform application of existing zoning
regulations for permitted uses should be maintained for
fairness to any applicant. He believes the only way to
control business hours for a certain land use would be to
prohibit 24-hour operations throughout the City.
Commissioner Wire concurred with the prohibition of 24-hour
operations for businesses such as the Holiday Plus store;
and, suggested the City needs to study the impact and
problems that could arise from those businesses requesting
extended hours of operation.
Roll Call Vote. 4 Ayes. Commissioners Zylla and Plufka, VOTE - MOTION CARRIED
Nay. Motion carried.
Commissioner Stulberg stated he favors the Motion but not
for the reasons stated, which comment on the legal
question. He favors the Motion because he believes it is
not the Planning Commission's place to resolve this legal
question. The Commission has held the Public Hearing as
directed to bring the request to the attention of
interested neighbors.
Commissioner Wire reiterated the need for the City Council
to consider studying the question of 24-hour operations
throughout the City.
Commissioner Plufka noted that a large percentage of famil-
ies today have two breadwinners who work staggered hours and
who appreciate the convenience of extended business hours.
Commissioner Stulberg believes the legalities should not
have been presented as they were. The fact is, 24-hour
operations do exist throughout the metropolitan area.
Mr. Tom Erickson, Attorney, stated that a City must impose
their Ordinance standards and regulations across the board;
and, this is not what was done in this case.
MIR IRNlFNT
The meeting adjourned at 9:00 P.M.
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO PLANNING COMMISSION
REPORT DATE: November 4, 1987
FILE NO.: 83025
MEETING DATE: November 10, 1957
PETITIONER: Jerome Jensen, Lyndale Terminal Company
REQUEST: Amend Resolution Approving Site Plan for Holiday Plus Store
LOCATION: 4445 Nathan Lane
AIDE PLAN CLASS: CN (neighborhood shopping ZONING: B-2 (shopping center
center) business district)
BACKGROUND:
The Holiday Plus Store Site Plan was approved by Resolution No. 83-354, which did not
involve a Conditional Use Permit. That Resolution contained the condition which reads
as follows:
After midnight, there will be no lighting except building security lighting, in-
cluding the lighted pylon sign. Hours of operation be limited to 8:00 A.M. to
11:00 P.M., Monday through Saturday, and 9:00 A.M. to 7:00 P.M. on Sunday."
The petitioner requests that this condition be deleted because, while the condition was
acceptable at the time of the Site Plan approval, the petitioner would like the capa-
bility of having a 24-hour operation.
The City Council also approved, under Resolution No. 84-184, a Conditional Use Permit
for a Class II restaurant inside the store. That Resolution contains the following
condition regarding the restaurant:
Hours of operation shall be consistent with those identified in Resolution No.
83-354 for the store."
The petitioner has indicated that it is not the intent to operate the Class II
restaurant on a 24-hour basis.
This matter was reviewed by the City Council at the October 5, 1987 meeting; and, the
City Council directed that the City Attorney provide an opinion on this request and the
matter then be referred to the Planning Commission for a Public Hearing. The Council
also directed that neighbors who expressed an interest in this project at the original
Planning Commission and Council meetings be notified of the meeting.
We have notified the neighbors who were at the original meetings, including the
President of the Middle East Homeowner's Association.
The City Attorney has prepared an opinion which is attached.
ANALYSIS:
1. The petitioner correctly notes that other retail establishments in the area and in
the City which are permitted uses under the Zoning Ordinance are not subject to the
Staff Report for File 83025
Holiday Plus
November 10, 1987 Planning Commission Meeting
Page two
same restriction as to hours of operation (hours of operation have been applied to
certain conditional uses such as service stations and Class II restaurants).
2. We advised the petitioner to address the matter of lightinq, citing the Ordinance
restrictions on glare. The petitioner has addressed that, stating that the light-
ing from this site should not be a problem based on experience with the site and
other lighting around the site.
3. The Ordinance does have standards regarding noise and lighting.
4. The Holiday Plus store is the only establishment of its kind in the City, to date.
This relates not only to the size, but also to the multiple departments.
5. The City Attorney has observed that conditions applied to a permitted use Site Plan
approval should relate to the site plan.
PLANNING STAFF COMMENTS:
1. We concur with the City Attorney's observation. Conditions for a Site Plan
approval should relate to those aspects of the site, which may need particular
attention, not to the permitted use or operation within the building.
2. The petitioner did agree to this condition at the time. Our recollection is that
the condition was a concern because the operation was not known then and there was
speculation that the size of the site might pose problems with respect to lighting
and activity. The operation now has a history which does not include specific
problems related to the site (though survivability of certain landscape materials
was an issue). It is not apparent now that extended hours for this store would
create negative impacts or would intensify existing conditions, i.e., traffic and
noise, to the point of adverse impact upon the neighborhood.
3. The comparison with other businesses in the area is relevant from the standpoint
that this is a permitted use. However, the comparison to only single stores may
not be as accurate as a comparison to, say, a shopping center. The City has not
required hours of operation for shopping centers.
4. The Planning Commission and City Council could consider granting the request and
establish another condition which would require a specific review and evaluation of
the site with a report in one year. This would allow an accurate evaluation of
whether the extended operation hours posed a problem. This action would not exempt
the Holiday store from already established Ordinance requirements of noise and
glare.
5. The request involves no amendments to the site plan; whether other site amenities
are desired or needed was not considered by the Council.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the request; stipu-
lating that the following language modifying Condition No. 10 of Resolution No. 83-354
be adopted:
Staff Report for File 83025
Holiday Plus
November 10, 1987 Planning Commission Meeting
Paqe three
All exterior lighting shall be in compliance with Ordinance standards and there
shall be no glare emitted beyond the boundaries of the site.
Also, the following language modifying Condition No. 6 of Resolution No. 84-184 be
adopted regarding the restaurant:
Hours of operation shall be limited to 8:00 A.M. to 11:00 P.M., Monday through
Saturday; and, 9:00 A.M. to 7:00 P.M. on Sunday.
The action could also include another condition providing that a report be submitted in
one year as to any adverse external impacts, due to the extended hours of the
operation.
Attachments:
1. October 5, 1987 Council Minutes
2. City Attorney Correspondence
3. Location Map
4. September 9, and September 18, 1987 Petitioner's Correspondence
5. Resolution No. 84-184 and Resolution No. 83-354
Keu'Jld•
Uctobt;r 5.
Page 301
f10T10N has made bg Councilmember Si s'- econded by Councilmember RESOLUTIOtJ
Zitur, to adopt RESOLUTION NO. --637 AUTHORIZ1t1G REDUCTIOt! OF B.WD T t
SITE PERFORMANCE GUAR.AHTEE F HOLIDAY STATION STORES (65002) to HOLIDAY STATION STOP-'
1,500. 85002)
Item 7-1-2*
Motion carried on Roll Call vote, five ayes.
M was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-631
Zitur, adopt RESOLUTION NO. 87-638 AUTHORIZING REDUCTION OF BOND REDUCTION
SITE PERFOR GUARANTEE FOR JOHN LAVANDER FOR PARKERS LAKE PARKERS LAKE BUSINESS
BUSINESS CENTER 6) to $14,675. CENTER (86126)
Item 7-1-3*
Motion carried on a Roll vote, five ayes.
MOTION was made by Councilmember Sis , seconded by Councilmember RESOLUTION NO. 87-63°
Zitur, to adopt RESOLUTION NO. 87-639 A ORIZING REDUCTION OF BOND REDUCTION
SITE PERFORMANCE GUARANTEE FOR WELSH CO DIES (86111) to WELSH COMPANIES
5,600. 86111)
Item 7-1-4*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember ESOLUTION NO. 87-640
Zitur, to adopt RESOLUTION NO. 87-640 AUTHORIZING RELEASE OF B RELEASE
SITE PERFORMANCE GUARANTEE FOR LOUIS 0. WERNEKE COMPANY (85023). LOUIS WERNEKE CO.
85023)
Motion carried on a Roll Call vote, five ayes. Item 7-J*
Councilmember Crain stated his concern was with the question of REVISE APPROVAL FOR
whether the City wants this operation open 24 hours a day as it HOLIDAY PLUS STORES
is a retail operation bordering on a residential neighborhood. 83025)
Item 7-K
Jerome Jensen, Lyndale Terminal, stated that when they received
approval of the site plan, they felt there were some conditions
which exceeded normal standards but they understood them because
of the opposition of the neighborhood to the development. How-
ever, they did not anticipate, at that time, operating their
store on a 24 hour basis. But, things have changed and there is
now a store across the street that is open 24 hours and another
one proposed for Highway 55 which will be open 24 hours. They
believe the City's restriction on a site plan for a permitted
use is discriminatory.
He suggested it would be appropriate for the City to adopt a
code change making it non -allowable to be open 24 hours for any
store if that is a concern of the Council.
They have tried to meet all the City's requirements and are now
asking the City to remove an inappropriate condition which was
not put on any other permitted use.
Discussion followed on why the condition was applied, neighbor-
hood complaints, and the condition of the site.
neUuldr uunci •-•c• '-
October 5, 1957
Page 302
Mayor Schneider stated the neighbors to the south Would hd,e to
be notified before the Council changes an\ hours.
Attorney Thomson stated that whether a condition is a valid one
or not is debatable but it was agreed to and is a factor in its
enforceability. He asked for additional time to study the mat-
ter. Whether or not it is discriminatory, by approving a site
plan, the Council looked at the pecularities of that specific
site.
MOTION was made by Mayor Schneider, seconded by Councilmember
Vasiliou, that the City Attorney provide an opinion on this and
that the staff then refer the matter to the Planning Commission
for a public hearing and that neighbors who have expressed an
interest in this project at the original Planning Commission or
Council meetings be notified when the Planning Commission
reviews the matter.
Motion carried, four ayes. Councilmember Zitur voted nay.
MXION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-641
Zitu to adopt RESOLUTION NO. 87-641 APPROVING DISBURSEMENTS DISBURSEMENTS FOR
FOR PERIOD ENDING AUGUST 31, 1987 in the amount of PERIOD ENDING 8/31/57
1,700,2 03. Item 7-L*
Motion carried a Roll Call vote, five ayes.
MOTION was made by ncilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-64'
Zitur, to adopt RESOLU ON NO. 87-642 ADOPTING ASSESSMENTS, PRO- ADOPTINGASSESSMENTS
SECT NO. 702, SANITARY S ' R AND STORM SEWER, BERG 2ND ADDITION BERG 2ND ADDITION
in the amount of 14,460.80. PROSECT 702
Item 7-M-1*
Motion carried on a Roll Call votes, five ayes.
MOTION was made by Councilmember Sis seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 87-643 ASQOPTING ASSESSMENTS, PRO-
JECT NO. 324, 34TH AVENUE IMPROVEMENTS in the amount of $60,210.
Motion carried on a Roll Call vote, five ayes
MOTION was made by Councilmember Sisk, seconded b Councilmember
Zitur, to adopt RESOLUTION NO. 87-644 APPROVING VANGE ORDER
NO. 1, TYRELL 5TH ADDITION UTILITY AND STREET IMPROVE NTS, PRO-
JECT NO. 737 by adding $17,575.
Motion carried on a Roll Call vote, five ayes.
Rick Brokke, Powell Lincoln-Mercury, stated they support th
modification fully.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Vasiliou, to adopt RESOLUTION NO. 87-645 AMENDING COTTONWOOD
PLAZA ADDITION DEVELOPMENT PLAN, TEMPORARY STORM WATER HOLDING
POND (86085).
RESOLUTION NO. 87-643
AUUP U NG A55LSSMLN1b
34TH AVENUE
PROSECT 324
Item 7-M-2*
RESOLUTION NO. 87-64-
CHANGE ORDER NO. 1
TYRELL 5TH ADDN.
PROSECT NO. 737
Item 7-N*
TION NO. 87-645
PLAZA DEVELOPMENT PLAN
86085)
Item 7-0
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien
John E. Drawz
David J. Kenneay
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt
Dayle Nolan
Brian F. Rice
John G. Kressel
James M. Strommen
Ronald H. Batty
William P. Jordan
Kurt J. Erickson
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
Paul E. Rasmussen
Steven M. Tallen
Mary F. Skala
Christopher J. Harristhal
Timothy J. Pawlenty
Rolf A. Sponheim
Lc•1 c c•rc
Lcl Ic i
hrnnc•cl
0,111.1c lI L,
1)rat\ i
November 5, 1987
Mr. Blair Tremere
Community Development Director
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Holiday Plus Store -
Approval.
Dear Mr. Tremere:
Amendment to 1983 Site Plan
In referring the above matter to the Planning Commission,
the City Council requested an opinion concerning whether
the City can impose conditions on site plan approval for
a permitted use. Specifically, the question is whether
the City can properly retain an hours -of -operation
restriction that was imposed as a condition of approving
the site plan for the Holiday Plus store at 4445 Nathan
Lane. It is my understanding that the applicant is
contending that the City has no authority to impose such
a condition and that even if such authority exists the
applicant believes that it is being discriminated against
because other similar uses do not contain such
conditions.
A city generally has the power to impose conditions on a
conditional use permit even though the condition
incidentally affects the operation of a business.
Although a city usually has broad power to impose
conditions, its powers are not unlimited. A city may not
impose a condition on a conditional use permit that is
unrelated to the use of the land. Anderson, American Law
of Zoning, (2nd ed.) §19.31. A number of courts have
dealt with the question of whether a city may impose
restrictions on the hours of operation of a business in
connection with the issuance of a conditional use permit.
Courts are evenly divided on the question of whether such
restrictions may be imposed by a city. Anderson,
American Law of Zoning, (2nd ed.) §§19.30, 19.31.
A city may also, under the proper circumstances, impose
conditions on site plan approval even when the use is a
permitted use. The Law of Zoning and Planning, 62.01(3);
Stewart Investment Co. v. Board of Commissioners, St.
Mr. Blair Tremere
November 5, 1987
Page 2
Mary's County, 38 Md.App. 381, 361 A.2d 1174 (1978).
Again, however, the City's power to impose conditions on
a site plan is not unlimited.
Section 8, Subd. G, 2 of the Plymouth Zoning Ordinance
sets forth various performance standards relating to the
physical characteristics of the site itself. Any
condition imposed by the City on the site plan must be
reasonably related to the standards set forth in the
section. For example, the City may impose restrictions
on the type of lighting to comply with the performance
standards set forth for glare in the Zoning Ordinance.
To impose a restriction on the hours of operation, the
restriction must reasonably relate to some aspect of the
site itself, rather than the use of the property. In
other words, the condition must reasonably relate to some
physical attribute of the site which correlates with one
of the performance standards set forth in Section 8,
Subdivision G, 2 of the Zoning Ordinance. See, Hessee
Realty, Inc. v. City of Ann Arbor, 61 Mich.App. 319, 232
N.W.2d 695 (1975); Stewart Investment Co. V. Board of
Commissioners, St. Mary's County, 38 Md.App. 381, 381
A.2d 1174 (1918).
The applicant's discrimination claim is based on the
Equal Protection clauses of the Minnesota and United
States Constitutions. A zoning ordinance must operate
uniformly on those similarly situated. The Equal
Protection Clauses of the Minnesota Constitution and of
the Fourteenth Amendment of the United States
Constitution require that "one applicant not be preferred
over another for reasons unexpressed or unrelated to the
health, welfare or safety of the community or anyparticularandpermissiblestandardsorconditions
imposed by the relevant zoning ordinances." Northwestern
College v. City of Arden Hills, 281 N.W.2d 865 (Minn. 1979).
It is my understanding that at the time the Holiday Plus
site plan was being considered by the City Council, there
were no similarly situated uses. Presently there are no
uses that have unlimited hours of operation that are
similar to the Holiday Plus Store. Apparently, some
grocery stores in Plymouth are open 24 hours, but none of
them have the type of full service retail use offered byHolidayPlus. Furthermore, the unique aspects of each
site are factors that can be considered in deciding the
types of conditions that should be imposed. As noted
above, the City must have an specific basis for imposingtheconditionsthatarereasonablyrelatedtothe
performance standards imposed by the Plymouth Zoning
Mr. Blair Tremere
November 5, 1987
Page 3
O-dinance. If a reasonable basis for imposing the
condition does exist within the standards set forth in
the Zoning Ordinance and is reasonably related to the
health, welfare or safety of the community, an equal
protection claim will not lie.
One final issue needs to be addressed. The limitation on
hours of operation was imposed on the Holiday Plus site
plan in 1983. At that time Holiday Plus did not object
to the condition and has complied with the condition for
four years. Holiday Plus has only recently sought to
have the site plan amended and the hours of limitation
condition removed. This raises the issue of whether
Holiday Plus has waived any claim as to the validity of
the condition.
There is little authority on this issue. However, at
least one recent case has implied, in the context of a
condition imposed on a special use permit, that failure
to object to the imposition of a condition at the time it
is imposed may preclude a later attack on the condition.
White Bear Rod and. Gun Club v. City of Hugo, 388 N.W.2d
739 (Minn. 1986). In fact, in that case the court
implied that a condition may still be reasonable even
when that condition makes use of the permit impossible.
Id. Because of the uncertainty of the law in this area I
recommend that the Holiday Plus application to remove the
hour -of -operation condition be considered on its own
merits, rather than relying on the waiver principle.
In summary, the City can impose an hours -of -operation
condition on a site plan application if the condition
reasonably relates to some aspect of the site itself,
rather than the use of the property. Such a
determination is by necessity a planning one rather than
a legal one. It does not appear that there would be an
Equal Protection violation if valid planning concerns
dictated the need to continue the hours -of -operation
condition for the Holiday Plus store. The applicant's
request to delete the condition should be based on its
own merits, not on whether the applicant has waived its
right to make such a request by not challenging the
condition when it was imposed in 1983.
Mr. Blair Tremere
November 5, 1987
Page 4
I will be happy to answer
might have concerning the
site plan approval and
situation.
Very truly yours,
LeFEVERE, LEFLER, KENNEDY,
0' BRIEN & DRAWZ
J mes J. Thomson, Jr
JJT:cmt
cc: Jim Willis
0066LTO1M61
any further questions that you
imposition of conditions on
its applicability to this
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GEN OFFICE 4567 WEST 801n STREETiMAIL ADDRESS P O BOX 122 r, ;1;EAPOLIS. MINN. 5544CiPHONE 612 830 8700
CREDIT OFFICE: 5501 W OLD SHAKOPEE RD /VAIL ADDRESS P O EOx 1216 r1I+NNEAPOLIS. MINN 55440'PHONE 612 921 52u0
September 9, 1987
Mayor and Members of the City Council
Blair Tremere FILE C®
Director of Community Development
Plymouth City Hall 0 2
Plymouth Blvd.
Plymouth, MN 55441
RE: Holiday Plus Store
a(-7
Mr. Mayor and Members of the City Council:
On July 11, 1983, The City Council passed Resolution 83-354 granting "Site
Plan Approval" for our Holiday Plus Store at 4445 Nathan Lane.
At the time of our approval, there was neighborhood opposition to
development on this site and the Council placed several conditions on our
site plan to try to alleviate concern on the part of the neighbors.
Eleven of the twelve "conditions" placed on our development plan relate to
the physical site and the improvements that we constructed. Some of these
provisions require a higher standard of performance from us than the
ordinance specifies. We acceded to these provisions without objections
because we were aware of the situation facing the Council. Condition #10,
however, governs our hours of store operation and parking lot lighting.
This bears no relationship to our site plan and is the reason for this
letter.
Today, almost 4 years later, we are finding a very different situation; more
of our competitors are open 24 hours, Rockford Raod is being upgraded to a
major four lane arterial, and the commercial property around us is fast
becoming fully developed.
Our company has long resisted operating our four Holiday Plus stores 24
hours, but we are now finding that the pressure to operate them 24 hours is
becoming as heavy as the pressure to close them for part of the day. The
shopping center across the street now has 24 hour operations and the Council
has just approved plans for a new retail development on Hwy #55 and County
Road 18 that will no doubt contain a 24 hour operation.
The upgrade of Rockford Road by the County includes extensive highway
lighting that completely dwarfs our parking lot lighting.
Mayor and City Council Members
September 9, 1987
Page 2
We have always tried to work with the City and to provide a needed service
to the neighborhood. We have tried to understand the pressures that the
Council was under at the time of our approval and did not object to the
restrictions at that time. However, times have now changed. Therefore, we
hereby request that the Council delete Condition 110 of Resolution 83=354.
Very truly yours,
LYNDALE TERMINAL CO.
J rome A. Jensen j
anager-Real Estate
JAJ:cw
P.S. Blair, please let us know when this will be coming before the Council
so that we may attend. Also, if there are any other required
meetings, please also advise.
y% Od /0 Holiday ^ " Fit 00 Village (`W•%d`Yde,
Holiday ;
GEN OFFICE: 4567 WEST 80th STREET/MAIL ADDRESS P O BOX 1224 M.IrJNEAPOLIS. MINN 55440/PHONE 612-830 870,D
CREDIT OFFICE: 5501 W OLD SHAKOPEE RDJMAn_ ADDRESS P.O 20X. 1216 MINNEAPOLIS, MINN. 55440"PHONE 612921-5200
September 18, 1987
Blair Tremere
Director of Community Development
Plymouth City Hall
Plymouth Blvd.
Plymouth, MN 55441
Dear Mr. Tremere:
We are in receipt of your letter of 9/16/87. Please be advised that it is
not our intent to operate the Class II restaurant now located within the
Holiday Plus Store on 24 hour basis.
We acknowledge that the restaurant is subject to a conditional use permit
that does specify hours of operation and that any change from those
allowable hours would require a public hearing. We also acknowledge that
council approval of our request of September 9, 1987 would not alter the
terms of our conditional use permit as it presently stands.
Again, we hope that this issue can be heard and hopefully agreed to by the
council as soon as possible.
Very truly yours,
LYNDALE TERMINAL CO.
tel.
By: erome A. Jens n
Manager&Real Estate
JAJ:cw
CITY OF PLYM.F , 4'
pwrwia.st to due call and notice thereof, a re a_ u 1 a r meeting of t1R^ CILy Cour i 1 0
063 City of Plywouth, Minnesota, was held on the _2nd _ day o4 Ayri?
The following hers were present:m a :
J /"..moi-
I IL I N:t• u s v•...
l1.. _. .. •
1 1
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n i r hn i r introduced the following Resolution are! moved its
ons
RESOLUTION NO. 84-184
APPROVING A CONDITIONAL USE PERMIT FOR JEROME. JENSEN,LYNDAL TERMINAL
NATHAN
COMPANY, FOR A
CLASS 11 RESTAURANT IN THE HOLIDAY WAREHOUSE STORE LOC ATED
WIEREAS, :wrome Jensen, Lyndale Terminal Company has requested approval of a Condition-
al Use Permit to operate a Class II Restaurant in the Holiday Warehouse store located
on the west side of Nathan Lane did Rockford Road; and,
WHEREAS, the Planning Commission has revie"ed the matter at a duly called Public Hear-
ing;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF Ptyw)kJTH,MIndaN-
NESOTA, that it should and hereby does appro /e the request of Jerome Jensen, Lin theTerminalCompanyfordConditionalUsePermittooperateaClassIIRestaurant
Holiday Warehouse located at 4445 Nathan Lane, subject tc the followinq conditions:
1. The permit is subject to all applicable codes, regulations and Ordinances, and
violation thereof shall be grounds for revocation.
2. The permit is issued to the petitloner as operator and shall not be transfer-
able.
3. The site shall be maintained in a sanitary manner.
4. No exterior signage directly related to the "snack bar".
5. There shall be no outside display sales or storage of merchandise or related
materials.
6. Hours of operation shall be consistent with those identified in Resolution
No. 83-354 for the store.
7. The permit shall be renewed in one year to assure compliance with the
conditions.
8. No direct outside entrance to, or exit from the "snack bar" is allowed.
Tlee emotion for adoption of the foregoing Resolution was duly seconded by
Cg nci IMPi ,
and upon vote being taken t reon, t
fourm
ls
n9 von n avow ceo :mayor QaYenpOrt, Council rs
Schneider and Crain =
0 a ng vot against oe
wwuleupon the Resolution was declared duly
dsk8-A
Pursuant to due call and notice thereof, a s ecial meting of the City Couar'I1 a"
the City of Plymouth, Minnesota, was held on t t day of July 19 8
The following members were present: MayQr pavenpo, t, ounci lmember'sI Zen, "I 1 s ,
chn ider and Threinen
e following wember3 were sci,!t nuRu
4 i 4
Councilmember Moen introduced the following Resolution and waved its
a or:
RESOLUTION NO. 83- 354
APPROVAL OF SITE PLAN FOR JEROME JENSEN, LYNDALE TERMINAL COMPANY FOR "HOLIrjAY WARE-
HOUSE" (83025)
WHEREAS, Jerome Jensen, Lyndale Terminal Company requests Site Plan approval for a
Holiday Warehouse" retall shopping center to be located on the northwest corner of
Nathan Lane and County Road 9; and,
fHEREAS, the Planning Commission has reviewed said request;
4-
VGw, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby dues appruve the Site Plan fcr Jerome Jensen, Lyndale
Terminal Company for a "Holiday Warehouse" retail shoppinq center to be located on the
northwest corner of Nathan '_ane and County Road 9 subject to the following conditions:
1. Compliance v.-Ith the City Engineer's Memorandum.
2. P,uvisions for a 30 -ft. aide Arai: easement per Comprehensive Park Plan, as
verified by the Parks and Engineering Departments, with submittal of detailed
plans as to construction of the trail per City standards.
3. Payment of park dedication fees -in -lieu of dedication with appropriate credits
In an amount determined accordl% to verified paving costs and according to
the Dedication Policy In effect at the time of Building Permit Issuance.
4. SGbmission of required financial guarantee and Site Improvement Performance
Agreement fc•r completion of site improvements.
5. Any signage shall be in compliance with the Ordinance, and shall not be within
the minimum yard setback areas.
6. Any subsequent phases, expansions, and conditional uses are subject to requir-
ed reviews and approvals per Ordinance provisions.
7. All waste and waste containers shall be stored and screened per the approved
plans per Ordinance standards, and no outside storage or display of merchan-
dise is permitted. Should the petitioner fail to comply with this provisions
store management shall be nottfted of the irregularity and given 24 hours to
comply. In the event store management does not comply, the City shaLl proceed
with the necessary corrective work and assess the cost avatnst the property.
PLEASE SEE SECOND PACE
N
Page two
Resolution No. 53- 354
S. Internal traffic dir.etional signage shall be provided to identify the north
one-way exit c.nly to Nathan Lane.
9. The light standards along County Road 9 shall be moved approximately 35 feet
to the north and placed in the traffic islands or equivalent reduction of
overall candle power shall be achieved through design such as shielding.
10. After midnight there will be no lighting except building security ltghtinq,
including the lighted pylon signs. Hours of operation be limited to 8:00
a.m. to 11:00 p.m. Monday through Saturday and 9:00 a.m. to 7:00 p.m. on
Sunday.
11. The *,:trm along County Road 9 shall he widened to cover additional area
approximately equivalent to one row of parking.
1:2. the number of trees un the north side of the property shall he doubled.
The motion for adoption of the foregoing Resolution was duly seconded by _
I Ar r i nen , and upon vote being taken thereo,+e
0 lowing votedn avor : ` De vet Do+', Counci lmembers Moen, 1 et' S
andT inen----------------- -- -- ------------- -------
The foltow ng voted aga nsf or : - cunt
hera pa the Resolution was declared duly
d"
TO: City of Plymouth
City Planning Commission
City Council
FROM: Lyndale Terminal Company
RE: Holiday Plus Store at 4445 Nathan Lane, Plymouth,
Minnesota (the "Store"); operating hours
DATE: November 6, 1987
Issue
Is Lyndale Terminal Company ("Lyndale") entitled
to an amendment of Plymouth City Council Resolution No. 83-354
deleting the restriction on operating hours imposed as Condition
No. 10 to the Council's approval of Lyndale's "Holiday Warehouse"
site plan?
Background
1. On July 11, 1983, the Plymouth City Council adopted
resolutions approving the Preliminary Plat and Development
Plan, the Final Plat and Development Contract, and the Site
Plan for the Store.
2. Resolution No. 83-354, approving the Site Plan,
was amended to add the following condition:
10. After midnight there will be no lighting except
building security lighting, including the lighted
pylon signs. Hours of operation be (sic] limited
to 8:00 a.m. to 11:00 p.m. Monday through Saturday
and 9:00 a.m. to 7:00 p.m. on Sunday."
The minutes of the July 11, 1983 City Council meeting do not
contain a statement of the reasons for this amendment. The
only issue before the Council was Site Plan approval. No rezoning
or variances were needed or sought. Yet condition number 10
was imposed. It is the only one of twelve conditions in the
resolution which does not bear any relation to the Site Plan.
3. On September 9, 1987, Lyndale wrote to the City
of Plymouth requesting deletion of the condition restricting
operating hours. The request was appropriately treated by
the Community Development Director as a simple "business item"
which did not need to be reviewed by the Planning Commission.
In a Memo dated September 29, 1987, to Mr. Willis, the City
Manager, the Community Development Director stated that "other
retail establishments in the area and in the City are not subject
to the same restriction as to hours of operation." In that
same memo he stated: "This action is recommended as appropriate,
in that the Ordinance does have standards regarding all similar
uses relative to external factors such as noise and lighting."
Mr. Willis then submitted that memo to the City Council on
October 5, 1987. The Council referred this matter to the Planning
Commission for a hearing before the Planning Commission.
4. In 1983, Lyndale did not desire to operate the
Store 24 hours per day, and therefore did not strongly oppose
the restriction. Today, the Store has three competitors within
the City of Plymouth that are open 24 hours per day: An Erickson's
New Market Store at 4236 North Lancaster Lane in the Four Seasons
Shopping Center across County Road 9 from the Holiday Plus
Store; a Tyra's Country Store at County Road 6 and Highway
101 in the Plymouth Plaza; and another Erickson's New Market
near County Road 6 and Highway 101. New developments along
Highway 55 are expected to include at least one 24 hour food
store.
5. The Store is located in a B-2 zoning district
where it is a permitted use in compliance with all requirements
of the Plymouth Zoning Ordinance. The competitors referred
to above are also zoned B-2. The Zoning Ordinance contains
no standards or requirements relating to hours of operation.
6. The Store is bounded on the North by 45th Avenue,
on the East by Nathan Lane, on the West by a high-density multiple
residential complex on top of a slope overlooking the store,
and on the South by County Road 9. County Road 9 is now in
the process of being upgraded from a collector to a minor
arterial. As part of the upgrading process, the county has
installed 50 foot high street lights, one directly in front
of the Store's parking lot, that will be turned on during all
evening and night hours. The Store's parking lot lights are
only 24 feet high.
Factual Arguments
1. Section 8, Subdivision G of the Zoning ordinance
prescribes performance standards for non-residential uses relating
to landscaping, glare, external lighting, vibration, noise,
odors, smoke, dust, fumes, water, waste, public rights of way
and rooftop equipment. All of these requirements are being
and will be complied with by the Store and the City has adequate
power to force compliance. Lyndale has consistently expressed
its willingness to cooperate with the City and the neighborhood
in reducing to a minimum any perceived ill effects of the Store's
operation.
2. The upgrading of County Road 9 represents a change
in the character of the neighborhood that will largely eclipse
any change resulting from an increase in the Store's operating
hours. County Road 9, as upgraded, will effectively separate
the Store from the single-family residential neighborhood to
the South. The residents of that neighborhood will not be
adversely affected by the Store's 24 hour operation.
3. The Store's two 24 hour competitors at County
Road 6 and Highway 101 operate in close proximity to single-family
residential neighborhoods. There is no reasonable basis for
according more favorable treatment to these stores than to
the Holiday Plus Store.
4. The Community Development Director has recognized
this basic lack of fairness. He stated in his September 29,
1987 memo that "other retail establishments in the area and
in the City are not subject to the same restriction as to hours
of operation," and then recommended granting Lyndale's request
as appropriate, in that the Ordinance does have standards
regarding all similar uses relative to external factors such
as noise and lighting."
Legal Arguments
1. The City has broad discretion in determining
which uses will be permitted in a given district. Once that
determination is made (by means of a zoning ordinance), however,
the City's discretion has been exercised, and until the ordinance
is changed, that determination is conclusive. Approval of
an application for a permitted use that complies with the require-
ments and standards prescribed by the ordinance "follows as
a matter of right." Chanhassen Estates Residents Assoc. v.
City of Chanhassen, 342 N.W.2d 335, 340 (Minn. 1984); Chase
v. City of Minneapolis, 401 N.W.2d 408, 413 (Minn. App. 1987).
Denial of such an application is arbitrary as a matter of law,
and will be reversed by the courts. National Capital Corp.
v. Village of Inver Grove Heights, 222 N.W.2d 550, 552 (Minn.
1974) (plat application); Enright v. City of Bloomington, 203
N.W.2d 396, 397 (Minn. 1973) (conditional use permit); Amoco
Oil Co. v. City of Minneapolis, 395 N.W.2d 115, 118 (Minn.
App. 1986) (conditional use permit).
2. Zoning ordinances are "in derogation of the common
law and should be construed strictly against the city and in
favor of the property owner;" to be effective, "any restriction
on land use must be clearly expressed." Chanhassen Estates
Residents Assoc., 342 N.W.2d at 340. Because no restriction
R
0
on operating hours is expressed in the Zoning Ordinance the
City lacks power to impose such a restriction on an applicant
for a permitted use.
3. Neither aesthetic concerns nor community opposition
are legally sufficient reasons for denying an application that
complies with the specific requirements and standards prescribed
by the Zoning Ordinance. Amoco Oil Co., 395 N.W.2d at 118;
Odell v. City of Eagan, 348 N.W.2d 792, 797 (Minn. App. 1984).
4. An otherwise valid zoning ordinance may not be
applied in a manner that results in different treatment of
similarly situated applicants. Northwestern College v. City
of Arden Hills, 281 N.W.2d 865, 869 (Minn. 1979); State v.
Northwestern Preparatory School, 37 N.W.2d 370, 371 (Minn.
1949). Any differences which may exist between the Store's
operation or location and those of its 24 hour competitors
are relevant only to the extent that they relate to the specific
requirements and standards prescribed by the Zoning Ordinance.
Greater neighborhood opposition to a 24 hour operation at the
Store's location than at other locations would not justify
unequal treatment. Northwestern College, 281 N.W.2d at 869.
5. Lyndale's previous acquiescence in the restriction
on operating hours does not in any way affect its right to
have that restriction removed at a later date. In reviewing
a petition for an amendment removing or lessening a previously
imposed restriction, the City must act according to the same
standards that govern review of an initial application. White
Bear Rod and Gun Club v. City of Hugo, 388 N.W.2d 739, 742-43
Minn. 1986) (reversing city's denial of application to amend
special use permit and remanding for appropriate findings).
Because the City could not lawfully impose the restriction
at issue as a condition to approval of an initial site plan
application, it cannot lawfully deny Lyndale's petition to
remove that restriction from its site plan approval.
6. Denial of Lyndale's petition for an amendment
to Resolution No. 83-354 would constitute arbitrary and discrimina-
tory state action in violation of Lyndale's rights under the
Due Process and Equal Protection Clauses of the Fourteenth
Amendment to the United States Constitution. Southern Cooperative
Development Fund v. Driggers, 696 F.2d 1347, 1356 (11th Cir.),
cert. denied, 103 S.Ct. 3539 (1983); City of Miami v. Woolin,
387 F.2d 893 (5th Cir. 1968).
Conclusion And Request
Lyndale is entitled to an amendment to City Council
Resolution No. 83-354 deleting the restriction on operating
hours. Simple fairness and equal treatment require such an
amendment. Therefore, Lyndale Terminal Company asks that the
City act with fairness and with due regard to the above facts
and legal principles and approve its petition for an amendment
to Resolution No. 83-354, removing the current restriction
on the Store's hours of operation, in accordance with the proposed
resolution submitted by the Community Development Director
and the City Manager.
7 O
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: Friday, November 20, 1987 for the City Council meeting November 23, 1987.
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director
SUBJECT Disbursements
I hereby recommend for payment the attached listing of disbursements for the
following funds:
Norwest Bank - Metro West
General Fund
Construction Fund
Utilities Fund
Special Assessment Fund
Metropolitan Bank - Plymouth
Housing & Redevelopment Authority
GRAND TOTAL FOR ALL FUNDS
Above totals are for the period ending October 31, 1987.
1,258,749.93
498,874.71
312,112.96
394,522.77
68,025.35
2,532,285.72
te-
Dale E. Hahn
I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR
PAYMENT.
es Willis
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t
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meetinq of the City Council of
the City of Plymouth, Minnesota, was held on the day of 19
The following members were present: _
The following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING OCTOBER 31, 1987.
WHEREAS, a list of disbursements for the period ending October 31, 1987 was
presented to the City Council for approval:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the payment of the list of disbursements of the following funds
is approved:
Norwest Bank - Metro West
General Fund $ 1,258,749.93
Construction Fund 498,874.71
Utilities Fund 312,112.96
Special Assessment Fund 394,522.77
Metropolitan Bank - Plymouth
Housing & Redevelopment Authority $ 68,025.35
GRAND TOTAL FOR ALL FUNDS $ 2,532,285.72
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in avor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
I
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: November 18, 1987, for November 23 City Council Meeting
TO: James G. Willis, City Manager
FROM: Eric Blank, Director of Parks and Recreation
SUBJECT: PAYMENT NO. 6 - PARKS LAKE SITE EvipROVE ENrs
7L
SUM*RY: The attached resolution authorizes the payment of $47,641.45 to H.L.
Johnson Company for work completed at Parkers Lake Park.
BACKGROUND: City policy requires any payment exceeding the contract amount be
approved by the City Council on construction projects. The contract with H.L.
Johnson for Parkers Lake is in the amount of $288,529. This latest payment
request brings the total payment to $289,032. This exceeds the approved
contract by $503. This overrun is due to quanity overruns in the following
items:
Pavement of the Luce Line trail $160
Curb and gutter 637
Erosion control fence 270
Stone wall 64
This project is approximately 99% complete at this time. We still have a 50
retainage on this project amounting to $14,451.60.
I recommend the City Council authorize payment no. 6 in the amount of
47,641.45 to H.L. Johnson Company.
F, t .
j
Eric J. Bank, Director
Parks and Recreation
hp
Attachment
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota, was held on t e day of
19_ The following members were present:
The following members were absent:
introduced the following Resolution and moved
its a ption:
RESOLUTION NO. 87 -
APPROVING PAYMENT IN THE AMOUNT OF $47,641.45 TO H.L. JOHNSON COMPANY
WHEREAS, H.L. Johnson Company has completed work at Parkers Lake Park, and
WHEREAS, payment requests exceeded the authorized contract by $503, and
WHEREAS, the consulting engineer on this project and the Director of Parks and
Recreation have recommended payment in accordance with the request for
payment,
NOW, TSE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that payment in the amount of $47,641.45 is hereby
approved, and further, that the Director of Finance is authorized to proceed
with payment no. 6 for Project No. 712.
The motion for the adoption of the foregoing Resolution was duly seconded
by , and upon vote being taken thereon, the
following voted in favor thereof:
The fbllowing voted against or a stain .
Whereupon the Resolution was declared duly passeU and adopted.
CERTIFICATE
FOR PAYMENT
PROJECT NAME: Parkers Lake Park Site
Improvements - Phase II
OWNER JOB NO: 712
PROJECT ADDRESS: Co. Rd. #6 & Niagara Lane
OWNER: City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
CONTRACTOR.
H.L. Johnson Co.
2392 Pioneer Trail
Hamel, Minnesota 55340
APPLI CATION NO. 4'
BRAUER & ASSOCIATES LTD.
7901 FLYING CLOUD DRIVE
EDEN PRAIRIE, MN 55344
DATE OF ISSUANCE:
B&A JOB NO: 86-52
CONTRACTOR JOB NO:
FOR PERIOD FROM:
THE PRESENT STATUS OF THE ACCOUNT FOR THIS CONTRACT IS AS FOLLOWS:
ORIGINAL CONTRACT SUM
CHANGE ORDERS TO DATE
ADJUSTED CONTRACT SUM
TOTAL COMPLETED TO DATE
LESS 5 % RETAINAGE
TOTAL EARNED LESS RETAINAGE
LESS PREVIOUS PAYMENTS
PAYABLE THIS CEN 1 11--
AUTHORIZED BY:
BRAUER & ASSOCIATES LTD. By
OWNER By
a
TO:
a sea `-
s
A-, /,2_1
Date 1-e'' %l
Date
THIS CERTIFICATE IS NOT NEGOTIABLE, IT IS PAYABLE ONLY TO THE PAYEE NAMED HEREIN AND ITS ISSUANCE, PAYMENT
AND ACCEPTANCE ARE WITHOUT PREJUDICE TO ANY RIGHTS OF THE OWNER OR CONTRACTOR UNDER THEIR CONTRACT,
STATE OF: i tV ivCT1 )
COUNTY OF: N iJP.P11J ) Subscribed and Sworn to before me
The undersioned certifiesthat the Work covered by this Certificate For this 31"T day of aC DP—C'('-- VW
Payment has been completed in accordance with the Contract Documents, TthatallitemsshownonpreviousApplicationsforPaymentandonwhichNotaryPublic.
payments have been received have now been paid, and that the current
payment shown herein is now due. My Commission expires: 20 Qp
Contr ctar: t'MPJ Co
d^' Llshrnrt. Johnson
Noigw Put-li^.-PAInnesota
By: Date: 10 3 Hanr:r•;^;n County
My Comm Exp. 8.2080
BRA 43-70
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE:
November 19, 1987
TO:
FROM:
James G. Willis, City Manager
SUBJECT
Laurie Brandt, Clerk
POLICY MANUAL REVISIONS
SUMMARY: As part of the ongoing effort to maintain accuracy in theCouncil's policy manual, staff has reviewed the Administration Section
of the manual. Several recommendations follow.
Attached are policies relating to the Administration Section which,
after review, are recommended for updating or deletion. The Council
should review the policies to determine whether the recommended changes
should be adopted.
1. It is recommended that the following policies be revised:
a. Policy Concerning Public Use of Fire Station II - be revised as
to the days and times of the week it can be used.
b. Sidewalk and Trail Policy - Village be changed to City
c. Policy to Define an Open Space Classification System - Village
be changed to City and items 2 and 3 be combined as they are the
same.
d. Policy Establishing Procedures for Use of Consent Agenda - item
5 be deleted to coincide with present practices.
2. It is recommended that the Policy Relating to the Purpose, Creation
and Operation of the Plymouth Park and Recreation Land Trust be
deleted as the City can accept land and money as a tax donation at
any time.
Resolutions are attached which would adopt the policy as set forth
above.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
day of , 1987 The following members were
present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
RESCINDING POLICY RELATING TO THE PURPOSE,
CREATION AND OPERATION OF THE
PLYMOUTH PARK AND RECREATION LAND TRUST
WHEREAS, the City Council has directed that its policy manual be periodically
reviewed and updated; and
WHEREAS, it has previously been determined by the City Council that the City of
Plymouth has the authority to accept land or donations at any time;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the Policy Relating to the Purpose, Creation and
Operation of the Plymouth Park and Recreation Land Trust be rescinded in its
entirety.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following
voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the
City Council of the City of Plymouth, Minnesota, was held on t e
day of , 1987 The following members were
present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
REVISING CITY COUNCIL POLICY MANUAL
WHEREAS, the City Council has directed that its policy manual be periodically
reviewed and updated; and
WHEREAS, the Council has reviewed the Policy Concerning Public Use of Fire
Station II, the Sidewalk and Trail Policy, the Policy to Define an Open Space
Classification System, and the Policy Establishing Procedures for Use of Consent
Agenda;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the above mentioned policies be revised as presented.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following vote in favor thereof:
The o owinq
voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
POLICY CONCERNING PUBLIC USE OF FIRE STATION NO. II
Resolution No. 87 -
October , 1987 (Supersedes policy initiatied May, 1985)
I. General
These guidelines have been prepared to govern the use of Fire Station No. II
by private groups for meeting purposes. Private organizations desiring to use
the fire station facilities must complete an application and submit it to the
Fire Chief for approval at least two weeks prior to the date for which the
reservation is requested. The request will be reviewed in light of these
guideines and the availability of the facilities. The Fire Chief will advise
the requesting organization of the status of their request as soon as posible.
II. Who May Use Fire Station Facilities
Fire station facilities shall be available for meeting purposes to all local
community organizations whose membership includes Plymouth residents and whose
purpose is to provide services to Plymouth residents. Fire station
facilities will not be used for commercial enterprise, private ceremonies, any
form of gambling, dances or other non -meeting type social events.
III. Availability
Fire station facilities shall be available y Monday through Friday, 8:99
4.4n 5:00 p.m. to 10:00 p.m. except those hours for which the facility has
been sc edu a for use. For example, all Wednesday evenings are reserved for
Fire Department training and meetings. Permission may be granted by the City
Manager for variation from this schedule.
The City Council, official City commissions and City staff or other organiza-
tions whose meetings are sponsored by the City Council, City commissions or
City staff shall have priority in use of fire station facilities. Although
efforts will be made to avoid conflict, it may be necessary to advise groups
reserving these facilities that it will be necessary for them to relocate
their meeting facilities because the facilities are needed for municipal
government purposes.
IV. Procedure for Applying
A. Use of fire station facilities will be handled so far as possible on a
first-come first -serve basis.
B. Application forms may be obtained from the Receptionists or Fire Chief
during normal office hours.
C. Application blanks shall be fully completed by requesting organizations
and returned to the Fire Chief at least two weeks prior to the scheduled
use. Reservations shall not be official until the Fire Chief has signed
the application and informed the applicant of its status. Reservations
shall be not accepted over the telephone.
V. Rules and Regulations
A. Groups may provide their own coffee and light refreshments provided that
they do not use kitchen equipment, e.g, stove, refrigerator, microwave,
etc. Groups are free to use kitchen sinks and refuse containers as
necessary.
B. The use of intoxicating liquor and non -intoxicating malt liquor beverages
is prohibited in the fire station facilities.
C. Smoking is allowed only in designated areas.
D. Youth groups shall be chaperoned at a ratio of one adult for 15 youths or
fraction thereof.
E. The City assumes no liability for loss, damage, injury or illness incurred
by the users of the facility.
F. The individual representing the organization using the fire station
facilities, i.e., person signing the application, shall be held
responsible for clean-up after the meeting including rearrangement of
furniture, cleaning kitchen facilities,
Any damage or breakage
should be reported to the Fire Chief within 24 hours of the meeting.
G. Hours of use designated on the application form must be adhered to.
H. Organizations cancelling reservations for use of facilities more than
twice in one year shall be given low priority for future requests.
I. All areas of the fire station except the entry corridor, restrooms, and
training rooms are restricted from use by private organizations. It will
be necessary for station users to gain access to kitchen facilities
through the day room. The use of the day room for other than access
purposes is not allowed.
J. Failure to conform with these policies and rules may be cause for
forfeiture of future use privileges.
K. For safety's sake, not more than seventy-five (75) people may occupy the
training room at any time.
SIDEWALK AND TRAIL POLICY
Resolution No. 87 -
Supersedes Resolution 72-414 adopted October 24, 1972)
The mage City Council has deemed it to be advisable to provide a system of
sidewalks and trails throughout the Village City to facilitate the mobility of our
population without total reliance on motor vehicles.
Such a sidewalk and trail system may be designed to connect various points of
interest throughout the Villa" City in a coordinated fashion providing for the
separation of motor and non -motorized vehicles.
In recognition of the foregoing, the following Sidewalk and Trail Policy is
established for the-lliag City of Plymouth as a guide to planning and executing
a well -conceived transportation network:
1. Construct as part of the permanent street sidewalks along the "side" of
major and local thoroughfares and schoolwalks along at least one side of
designated school walkways when:
a. The establishing of such a sidewalk will not be contrary to public
safety.
b. The cost of establishing such a sidewalk will not be excessively
disproportionate to the need oor probable use.
c. Density of population, other available ways, or other factors indicate
the need for such sidewalks or trails.
2. Construct to verge City Standards trails as designated on the adopted
Vll+aga City Comprehensive Land Use Guide Plan.
3. On streets not designated as a thoroughfare, schoolwalk, or trail, consider
upon request of property owners the construction of sidewalks along
residential streets during or after permanent street construction or when
the permanent street grade has been established by the urge City
Engineer. The cost shall be paid by or assessed to the benefited
properties with the smallest project to consit of a sidewalk on one side of
a street between two intersecting streets.
4. Require the construction of sidewalks or trails in new developments when it
is determined that such improvements will be required by pedestrians using,
workingin, or living in the development. If the required improvement is
necessary for the completion of a portion of the Land Use Guide Plan or
school walk system, then the value of the improvement shall be credited
against the developer's required park donation.
The above policy will require that the following items be completed and maintained
before it can be fully implemented. Thoroughfare Guide Plan, Land Use Guide
Plan, School Walk System Policy and Design and Construction Standards for
Sidewalks and Trails.
1-
114 POLICY TO DEFINE AN OPEN SPACE CLASSIFICATION SYSTEM
Resolution No. 87 -
Supersedes Resolution 73-87 adopted February 20, 1973)
An Open Space Classification System must be established for use by Plymouth
e City commissions, committees, and citizens to facilitate community
planning.
The Parks and Recreation Advisory Commission has reviewed and recommended a
proposed listing of terms and definitions for an Open Space System.
The following Open Space System terms and definitions shall be used whenever
practical by the Plymouth Vi1laq City Parks and Recreation Advisory
Commission, Trail Committee, Planning Commission, staff, other groups, and
this Council:
1) OPEN SPACE - Consists of that surface area of the Village City not
covered by structures. Open space can be public, semi-public, or
private. All of the following terms are or will be part of the Open
Space System.
2) SIDEWALKS AND SCHOOLWALKS - Hard -surfaced areas designed for
non -motorized circulation. Surface widths will vary depending on the
number of different uses projected with an acceptable minimum width of
five feet. Sidewalks generally will be within a street right-of-way.
4) TRAILS - Planned wales lineal paths having a variety of surface
materials (from none to hard surface) designed for non -motorized
circulation. Surface widths will vary depending on planned use and
area. Right-of-way width for trails will vary as conditions, ue and
available land dictate. Trails will generally be located along or
through significant natural features, i.e. streams, lakes, forests,
etc. where feasible. Trails are intended to link neighborhoods,
recreation areas, schools, and commercial areas to provide an
enjoyable, safe, and convenient alternative to motorized travel.
5) RECREATION AREAS - Consist of those open space areas dedicated to
leisure pursuits. These pursuits may be active or passive. Active
recreation areas consist of golf courses, ballfields, tennis court, and
similar uses - while passive recreation areas would be nature
preserves, picnic areas, flower gardens, and the like.
6) WATER BODIES - Lakes and ponds.
7) WATERCOURSES - Channels for water movement, such as rivers, streams,
and creeks. May flow year -around or intermittently.
EP.S
POLICY ESTABLISHING PROCEDURES FOR USE OF CONSENT AGENDA
Resolution No. 87 -
Supersedes Resolution 78-36 adopted January 9, 1978)
The consent agenda shall contain routine, regular and non -controversial items
which require Council action but little deliberation.
The following rules and procedures shall govern the use of the consent agenda
by the City Council:
1. A motion to approve the consent agenda shall not be debated.
2. The consent agenda shall normally be considered as the first
item of Council business.
3. The consent agenda may only be adopted by a unanimous vote of
those Councilmembers present and voting.
4. At the request of any Councilmember or citizen attending the
meeting, an item on the consent agenda shall be removed and
considered as scheduled on the agenda.
3-: C-e Rsent-agenda -shal4-be-i-nt-r-edueeday-th -City-Manager-and
identified, at least by, subject at+er--o"e!t!onerat --the
beg int ' t4R g-
11-
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: November 19, 1987 For City Council Meeting of November 23, 1987
TO.- James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Public Improvement Project Status Report
gni
Attached herewith is the following information with regard to the
current public improvement projects:
1. Approve payments - 10/21/87 to 11/17/87
2. Bonestroo, Rosene, Anderlik and Associates - report
3. Strgar-Roscoe-Fausch, Inc. - Report
4. Short -Elliott -Hendrickson - Report
5. Bonestroo, Rosene, Anderlik and Associates -
Zachary Lane Water Treatment Plant Report
On Tuesday, November 10 New County Road 9 officially opened to traffic
between Larch Lane and Northwest Boulevard. Work was completed at the
northbound ramp to I-494 and this opened to traffic on Monday,
November 16. The remaining portion of County Road 9, between I-494
and Northwest Boulevard which is still closed, will be completed and
opened to traffic on Friday, November 20.
Fred G. Moore, P.E.
FGM:kh
Attachments: Payment List
Reports
PUBLIC IMPROVEMENT PROJECTS
APPROVE PAYMENTS
FROM 10-21-87 TO 11-17-87
REPORT NO. 34
PAYMENT DATE
NO. RECD CONTRACTOR PROJECT
5 10/8/87 Bury & Carlson, Inc. S.J. Groves Office Park
Prof. 648)
5 11/3/87 Shaw -Lundquist Assoc. Inc. Zachary Ln. Water T P
Proj. 431)
6 11/9/87 Bury & Carlson, Inc.
9 11/5/87 Anderson Bros. Const. Co.
S.J. Groves Office Park
Proj. 648)
Fernbrook Lane
Proj. 544)
DATE OF
APPROVAL
10/29/87
AMOUNT
81,744.79
11/9/87 241,829.15
11/17/87 3,409.06
11/17/87 142,452.01
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
November 18, 1987
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Otto G. Bonestroo. PE. Keith A. Gordon, PE. Thomas W Peterson, PE. Charles A. Erickson
Robert W Rosene, PE. Richard W. Foster, RE. Michael C. Lynch, P.E. Leo M. Pawelsky
Joseph C. Anderlik, P.E. Donald C. Burgardt, PE James R. Maland, PE. Harlan M. Olson
Bradford A. Lemberg, PE. Jerry A. Bourdon, PE. Kenneth P Anderson, P.E. Susan M. Eberlin
Richard E. Turner, P.E. Mark A. Hanson, PE. Keith A. Bachmann, P.E. Mark A. Seip
James C. Olson, PE. Ted K. Field, P.E. Mark R. Rolfs, P.E.
Glenn R. Cook, PE. Michael T Rautmann, PE, Robert C. Russek, A.I.A.
Thomas E. Noyes, P.E. Robert R. Pfefferle, PE. Thomas E. Angus, P.E.
Robert G. Schunicht, PE. David O. Loskota, PE. Howard A. Sanford, PE.
Marvin L. Sorvala, PE.
Attn: Mr. Fred G. Moore
Director of Public Works
Re: Project Status Report
File No. 70
Dear Fred:
Listed below is the project status of current projects:
PROJECT 544 - FERNBROOK LANE - ANDERSON BROS:
All construction items completed. Sod and seed restoration 99Z completed.
Contractor completing cleanup and corrective items. Anticipate project to be
finaled this winter season.
PROJECT 431 - ZACHARY LANE W.T.F. - SHAW-LUNDQUIST ASSOC.:
Approximately 90Z of the underground piping has been completed and 60Z of the
concrete placed. The Clearwell has been backfilled and much site work on the
east side of the site has been done. Concrete work is being done in the fil-
ter area and is becomming on the main level of the building. Electrical power
is about to be brought into the site. With the approval of the two week ex-
tension the project is approximately one week behind schedule.
PROJECT 625 - DEEP WELLS NO. 8 & 9 - NEWMECH COMPANIES:
The pumphouse at Well No. 8 has been constructed, the electrical conduits set,
the overflow piping and manholes placed, and the site rough graded.
The Well No. 9 concrete valve vault is constructed, waterproofed, and insul-
ated, the exterior piping, valves, and hydrant installed, and all has been
backfilled.
Page 1.
01 ti NOV 1987
N
NO of P1 , m y(;iCL'.ii
lu
2335 West Highway 36 • St. Paul, Minnesota 55113 9 612-636-4600
City of Plymouth
Mr. Fred G. Moore
Plymouth, MN
November 18, 1987
PROJECT 908 - 001 - PIKE LAKE INTERCEPTOR SEWER, PHASE II - S.J. LOUIS:
All sanitary sewer completed. Sod and seed restoration completed. Contractor
working on cleanup and corrective items.
PROJECT 702 - 1987 UTILITIES - BERG 2ND ADDITION - C.S. MC CROSSAN:
All utilities completed and tested. Sod and seed restoration 80% completed.
1987 STREET IMPROVEMENTS - BUFFALO BITUMINOUS:
Project completed. Final reinspection completed week of October 19, 1987 and
contractor working on corrective items.
PROJECT 737 - TYRELL 5TH ADDITION - MACHTEMES CONSTR.:
All utilities and aggregate base completed.
PROJECT 011-001/630 BASS LAKE PLAZA/HARRISON HILL UTILITY IMPROVEMENTS:
Bids received Nov. 19, 1987. Apparent low bidder is S.J. Louis. Anticipate
award of project by City Council Nov. 23, 1987.
PROJECT 517 - REVERE LANE/TRENTON PLACE 2ND ADDITION:
Bids received Oct. 27, 1987. Project awarded to Moser Construction. Pre
Construction meeting held Nov. 10, 1987. Project delayed and behind schedule
due to the Developer site grading not completed as of Nov. 18, 1987.
PROJECT 720 - FERNBROOK WOOD - UTILITY & STREET IMPROVEMENTS:
Bid date originally set for November 17, 1987, but changed to November 19,
1987 due to discrepancy in contract documents.
Yours very truly,
ax,
ANDERLIK & ASSOCIATES, INC.
Harlan M. Olson
HMO:ci
Page 2.
Cs]"
t
STRGAR-ROSCOE-FAUSCH, INC.
CONSULTING ENGINEERS
TRANSPORTATION CIVIL STRUCTURAL ENGINEERS LAND SURVEYORS
MEMORANDUM
TO: Fred G. Moore, P.E.
City of Plymouth
FROM: Timothy D. Phenow, P.E.
S. Rick Brown 5,11
DATE: November 18, 1987
SUBJECT: CONSTRUCTION STATUS
CONTRACTOR: BURY & CARLSON, INC.
S. J. GROVES OFFICE PARK AREA - CITY PROJECT NO. 648
File No. 0870858
0870921
r'eN0V 1987
o city of Flynt outh
PQ
Current construction status (work completed to date) is as follows:
SCHEDULE A
Grading 100%
Storm Sewer 100%
Curb and Gutter 100%
Bituminous Paving:
Frontage Road (Interim Wearing Course) 100%
13th Avenue Overlay 100%
Traffic Signals 99%
Landscaping and Miscellaneous 95%
All bituminous paving scheduled for this season is completed.
Traffic signals at 13th Avenue and C.S.A.H. 18 have been installed
and are operating. The remaining traffic control signing is
scheduled to be installed by the end of this week.
CARLSON CENTER STH ADDITION AREA - CITY PROJECT NO. 751
The City Council awarded the captioned project to Bury & Carlson,
Inc. on November 16, 1987. A preconstruction conference is
scheduled for Friday, November 20, 1987 at the Plymouth City Hall.
The Contractor has indicated that he expects to move equipment onto
the site early next week. Work is expected to commence immediately
following the Thanksgiving holiday, weather conditions and grading
operations (by others) permitting.
630 Twelve Oaks Center, 15500 Wayzata Blvd., Wayzata MN 55391 (612) 475-0010
4
MEMORANDUM
ENGINEERS ARCHITECTS N PLANNERS
222 EAST LITTLE CANADA ROAD, ST. PAUL, MINNESOTA 55117 612 484-0272
war}'nii'7f°%'4F S".±r^.yuf°.'t7 i''a:....+x'Fak`L'K`Si.i:'';".tlrn71'•.',L.rt'X"i,..a'flt,"i'.lg{ee4.`.,...
J
TO: FRED MOORE, DIRECTOR OF PUBLIC WORKS
CITY OF PLYMOUTH
FROM: DAVE PILLATZKE
DATE: NOVEMBER 12, 1987
SUBJECT: PROJECT STATUS REPORT
PLYMOUTH, MINNESOTA
SEH FILES: 86089, 87047 & 87131
Gleason Lake Drive (CR15 Trail) Project 602
The project has been completed.
1988 Street Study
Soil borings have been ordered and should be completed within one
week. Base maps are on CADD System and ready to work on.
TH 101 and Fernbrook Lane Trails, Project 724
Both trails are substantially complete.
items remain to be cleaned up.
DJP: jms
Only minor punch list
P'0'J 1987 w`
ri
tj
Cr Cin
CVv.
SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS,
HENDRICKSON INC. MINNESOTA WISCONSIN
CONSTRUCTION PROGRESS REPORT
Zachary Lane WTF
Plymouth, MN
Project No. 431
November 18, 1987
Work Completed:
Progress this month has again been good, with as many as
six contractors working simultaneously. Approximately 90% of
the underground piping has been installed which has allowed
much of the north and east sides of the building to be back-
filled. The buried Clearwell, too, has been backfilled.
All of the Main Floor suspended slabs have been placed, the
foundation walls on the north and east sides have been
placed, as well as the north half of the filter base slab.
Concrete work will continue with the filters and the Main
Floor walls,
Preparations are being made to bring electrical power in
to the site in the next two weeks. To do this, it was neces-
sary to rough grade the east side of the site.
Schedule:
With approval of the two week extension, the project is
now an estimated one week behind schedule. Not much, if any,
time was made up on the concrete work. However, as more of
the critical items are taken care of, more contractors will
be allowed to work at the same time and things should be
brought back on track. Weather is now the determining
factor.
Phil Caswell
Bonestroo, Rosene, Anderlik & Assoc.