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HomeMy WebLinkAboutCouncil Information Memorandum 03-07-1986t� ff CITY OF PLYMOu i Ft CITY COUNCIL INFORMATIONAL MEMORANDUM March 7, 1986 UPCOMING MEETINGS AND EVENTS..... 1. GET ACQUAINTED SESSION 1 -- Monday, March 10, 4:00 p.m. The first Get Acquainted Session will meet in the City Center lunchroom. This session will include Administration, Finance and Assessing. The agenda for the Get Acquainted Session is enclosed separately. 2. TOWN MEETING -- Monday, March 10. The Area 9 Town Meeting will be held in the City Council Chambers beginning at 7:30 p.m. A copy of the invitation and agenda is enclosed separately. 3. HRA PUBLIC HEARING -- Monday, March 10, 6:00 p.m. The Housing and Redevelopment Authority will meet in the City Center (office area) large conference room. Agenda attached. (M-3) 4. PLANNING COMMISSION -- Wednesday, March 12. The Planning r^�lae nn Forum is scheduled for 7:15 p.m. with the Planning Commission meeting following at 7:30 p.m. In the City Council Chambers. Agenda attached. (M-4) 5. PARK SEMINAR -- Thursday, March 13, 6:00 p.m. The Park and Recreation Advisory Commission will meet with Paul Fjare of Brauer and Associates regarding the City's Comprehensive Park System Plan. The meeting will be held in the Council Chambers. A copy of the Interoffice memorandum is attached. (M-5) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM March 7, 1986 Page Two FOR YOUR INFORMATION..... 1. DEER TASK FORCE - The Deer Task Force held its second meeting on March 5, 1986. Attached is a brief memo from Dick Carlquist dealing with the work of the task force to date. The next meeting is scheduled for April 9, 1986. (I-1) 2. VEGETABLE STANDS - February 24, 1986, the Council received a staff report on the possibility of establishing a Farmer's Market. That discussion has prompted three letters which are attached. These letters are from Charles and Mary Ann Nason, 17610 10th Avenue N., John Muchlinski, 17710 10th Avenue N., and Joan Junig, 17605 10th Avenue N.. These three parties all continue to express concern regarding the possibility of a vegetable stand at 10th Avenue and Highway 101. I am forwarding each of them a copy of the February 21, 1986 staff report on the Farmer's Market proposal as well as the minutes of February 24, 1986 which deal with that discussion. A copy of my letter responding to their concerns is attached along with the article which appeared in this week's Plymouth Post which centers on the vegetable stand operated by Mr. and Mrs. Gaudette at 10th Avenue and Highway 101. (I-2) 3. DEPARTMENT REPORTS - The following departmental activity reports for the month of February are attached: a. Police Department (I -3a) b. Fire Dcpartmc ;t (I -3b) 4. MINUTES -- The following minutes are attached for your information: a. Shingle Creek Watershed Management Commission meeting of January 9, 1986. (I -4a) b. Northwest Suburbs Community Television Corporation meeting of February 12, 1986. (I -4b) CITY COUNCIL INFORMATIONAL MEMORANDUM, March 7, 1986 Page Three 5, PLYMOUTH METROL114, - FEBRUARY REPORT - Shown below is a table displaying our average daily ridership for the commuter/ reverse commuter, internal circulator and total system for each week of February. The second table displays the year to date averages in each service area compared with the target which we must achieve in order to have a successful project. MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY MEEK BY SERVICE TYPE FEBRUARY 1986 Total System SERVICE TYPE FEBRUARY 44 394 TARGET 337 1986 393 Commuter/ Internal Total +.003% Reverse Commuter Circulator System WEEK OF: 2/8 349 37 386 2/15 355 42 397 2/22 339 66 405 2/28 358 43 401 MONTH LONG AVERAGE 350 47 397 YEAR TO DATE Item Commuter/ Reverse Commuter Internal Circulator Total System YEAR TO DATE RIDERSHIP AVERAGE 351 44 394 TARGET 337 56 393 % OVER/(UNDER) TARGET +4% -21% +.003% CITY COUNCIL INFORMATIONAL fiLK)RANUUM March 7, 1986 Page Four A NUMBER OF OBSERVATIONS ARE IN ORDER: a. Internal circulator ridership in February averaged 44 passengers per day, which is substantially below the 50 passenger per day average established in February 1985. We will monitor ridership in hopes of regaining previous ridership levels. b. The commuter/reverse commuter portion of the service averaged 350 persons per day in February, well above the 292 average posted in February 1985. c. In terms of our system wide ridership target of 393 passengers per day, we exceed the goal by one at 394 passengers per day. DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984 - 1986 SERVICE TYPE Commuter/ Reverse Commuter Internal Circulator Total System MONTH: 1984 1985 1986 1984 1985 1986 1984 1985 1986 January 330 307 351 21 51 40 351 358 391 February 310 292 350 25 50 47 335 342 394 March 307 311 25 >6 332 367 April 301 295 27 55 331 350 May 295 298 27 36 322 334 June 276 314 41 53 317 367 July 277 297 42 52 319 349 August 266 292 47 57 313 349 September 275 322 32 42 307 364 October 276 312 36 55 312 367 November 271 311 35 57 306 368 December 265 320 39 ------------------ 52 304 -------------------- 372 -------------- YEAR LONG AVERAGE ------------------ 287 306 36 51 321 357 CITY COUNCIL INFORMATIONAL MEMORANDUM March 7, 1986 Page Five 6. CORRESPONDENCE: a. Letter from John T. Cross, Audubon Chapter of Minneapolis, commenting on the Ivy Park Two project. (I -6a) b. Letter from Eric Blank to Vern Hartenburg, Superintendent of the Suburban Hennepin Regional Park District, requesting the District to schedule discussion of their reimbursement to the City of the purchase price of 3005 East Medicine Lake Boulevard ' for trail development. (I -6b) c. Letter from Mayor Schneider to Secretary of State Joan Growe stating the City's position on the Federal Polling Place Accessibility Law. (I -6c) d. Letter from Grace Haukoos, Director -Elections, Office of the Secretary of State responding to Mayor Schneider's letter of March 3, 1986 regarding the Federal Polling Place Accessibility Law. (I -6d) e. Letter from Jill Van Oss to Police Department in appreciation of the professional attitudes of Officer Ward and the dispatcher. (I -6e) A G E N D A PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY March 10, 1986 6:00 P.M. I. Roll Call II. Approval of Minutes for January 27, 1986 Meeting III. Election of Officers IV. Public Hearing for Community Development Block Grant Proqram Year XII Funding V. Section 8 Program Update VI. Scattered Site Home Ownership Program Progress Report VII. Senior Citizen Housing Development Update VIII. Other Business IX. Adjournment PLAPUJINh CO!VIISSIOH HI-ETIWJG AGE(JU-v WEDHESh.AY, tIARCH 12, 19�- V,HERE: PTvmouth City Center 3400 Plymouth Boule\ark Plymouth, W1 5544 COHSFHT AGENDA All items listed ►%ith an asterisk (*) are considered to be routine by the Plannincl Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will he removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUH 7:15 P.M. 1. CALL TO ORDER 7:30 P.M. 2. ROLL CALL 3.* APPROVAL OF M11JUTES Planninq Commission Minutes, February 26, 1986 4. PUBLIC HEARINGS A. Dickman Knutson, Ultra Homes, Inc. Planned Unit Development Concept Plan arid Amendment to Staged Gro"th Element for property west of Pineview Lane, approximately one-half mile south of County Road 47, one-eighth mile north of Soo Line Railroad, and one-fourth mile east of Interstate 494 (85126) B. Richard J. Bordon. Conditional Use Permit for merchandising service at 962+ \ 61,11 Avenue cwt th �vuv (86015 i1 C. Hayne and Nancy Menge. Conditional Use Permit for Radio Antenna at 3190 Kimberly Lane North (96016) D. Thelma Lee Shepperd. Home Occupation Conditional Use Permit to allo►; the operation of a beauty shop at 415 Harbor Lane (86017) 5. NEW BUSINESS *A. Turck Multiprox, Inc. Site Plan and Variance for office/warehouse/manufactur- ing facility southwest of Xenium Lane and Campus Drive in the North►,est Business Campus (86012) 6. OLD BUSINESS None 7. OTHER BUSINESS Tax Increment Finance District Expansion. 8. ADJOURNMENT 10:00 P.M. CITY OF PLYMOUTH PLANNING COH4ISSION MINUTES FEBRUARY 26, 1986 The regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M.. MEMBERS PRESENT: Vice Chairman Pauba, Commissioners Stuloerg, Magnus, Plufka, and Mellen MEMBERS ABSENT: Chairman Steigerwald Commissioner Wire STAFF PRESENT: Community Development Coordinator Sara McConn Associate Planner Al Cottingham City Engineer Sherm Goldberg Community Development Secretary Grace %lineman *MINUTES MOTION by Commissioner Plufka, seconded by Commissioner *MINUTES - FEBRUARY Magnus to recommend approval of the Minutes as submitted. 12, 1986 VOTE. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED PUBLIC HEARINGS Vice Chairman Pauba requested an overview of the draft re- HOUSING ELEMENT OF port of the Housing Eiement or the Comprehensive Plan by COMPREHENSIVE PLAN Associate Planner Al Cottingham. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Commissioner Plufka stated he has reviewed the Housing Ele- ment and is satisfied with its acceptability to send forward to the City Council. He commented on one exception where there should be recognition of the partnership of the City and the developer to continue to use PUD provisions as a planning tool to preserve the natural areas. He believes this is implied, but that an affirmative statement should be inserted. He stated that Plymouth has been well planned and preservation of the environmental features of the City of Plymouth should be addressed. He asked that staff incorpor- ate language for this statement. Commissioner Stulberg stated that this should be part of the overall framework of planning development in Plymouth, but should not be in direct association with the Planned Unit Development standards. &WIRE M-Ij Page 27 Planning Commission Minutes February 26, 19h6 Commissioner Plufka concurred and reiterated that this is a desirable goal that should be made part of the Comprehensive Plan. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the draft Housing Element of the City's Comprehensive Plan and that there should be specific mention of the past and future efforts that will use creative planning techniques to preserve the environment including working with existing topography, wetlands, wild- life areas, and naturally forested areas. Commissioner Magnus inquired if this is the final input to the plan; whether this is the Commission's final action. Associate Planner Cottingham answered affirmatively and stated the recommendation will be passed on to the City Council. Upon their approval the document will become the amended Housing Element of the Comprehensive Plan. Commissioner Magnus stated his concern that Chairman Steigerwald and Commissioner Wire were absent from this meeting. It is his recollection they had expressed some concern with the content of the report. He inquired if it may not be better to defer action on this item until the next meeting. Coordinator McConn and Vice Chairman Pauba stated they had received no special instructions nor memor- andums from Chairman Steigerwald or Commissioner Wire noting concern with this final draft of the Housing Element. Commissioner Magnus stated he continues to be concerned about the item on Page 48 having to do with the inspection programs. He remembered that Commissioner Wire had concern with this item as well. Vice Chairman Pauba recommended that Commissioner Magnus make a Motion to Amend so that his concern is directed to the City Council for their consideration. MOTION by Commissioner Magnus to table this item until the Planning Commission meeting of March 12, 1986. The Motion died for lack of second. MOTION by Commissioner Magnus, seconded by Commissioner MOTION TO AMEND Stulberg to Amend the Main Motion to read that "Item 13. b. on page 48 of the Draft Housing Plan by BRW be deleted". Commissioner Plufka stated he is not concerned about this item because the way it is re -written; these would be pos- sible inspection programs to consider and are alternatives to perserve and maintain housing stock in the City. Pape 28 Planning Commission Minutes February 26, 1986 Commissioner Stulberg concurred that this is written only as a suggestion and the City would review any Ordinance amend- ments thoroughly before making regulatory changes. Commissioner Magnus stated it is his opinion that this would be a regulation the citizens of Plymouth don't want as it constitutes more bureaucracy, and puts a burden on the sel- ler who would be required to go to the City for permits. He stated he does not agree with instituting an inspection pro- gram such as this for private residential property, however, he does see some merit in a program such as this for rental properties. Roll Call Vote on the Amendment to the Motion. 2 Ayes. Commissioners Stulberg, Plufka and Pauba, Nay. MOTIO! fails. Roll Call Vote on MAIN MOTION. 5 Ayes. MOTION carried. The Commission commended Associate Planner Al Cottingham on a job well done. Vice Chairman Pauba introduced the Site Plan application by Hance Distributing Company, Inc., and requested an overview of the February 19, 1986 staff report by Coordinator McConn. Coordinator McConn stated there was a correction on the size of the building which is 41,760 sq. ft., rather than 45,480 sq. ft. as stated in the staff report. Vice Chairman Pauba introduced Tom Hance, Hance Distributing Co., Inc., who explained the request for variances and the site plan for a distribution center. He stated the biggest problem is in the northeast corner where there is a cul-de- sac. He described the setback variances which arise from their desire that the building have a symmetrical appear- ance. He does not believe the variances are excessive and will afford a balanced look for the building. Mr. Hance showed an alternate design. He stated they can eliminate some parking stalls and still comply with the Ordinance standards for parking. Commissioner Plufka inquired about the variance on the north side of the building to the parking lot (10 ft. vs 5 ft.). Mr. Hance stated this is due to the atriums designed for the building. He stated they could eliminate the parking stalls that are 5 ft. from the atrium fronts, however, they feel the building design is beneficial for them and for the City with the end result being a more aesthetic building. He stated they could design a flat building face with no design features, but they would prefer to retain the atriums. VOTE ON AMENDMENT MOTION FAILS VOTE - MAIN MOTION MOTION CARRIED HANCE DISTRIBUTING COMPANY, INC. SITE PLAN (85135) Page 29 Planninq Commission liinutes February 26, 198h Commissioner Plufka asked about the front elevation for the atrium. Mr. Hance described the size and amount of glass to extend from the atrium. Commissioner Plufka confirmed that when someone parks in front of an entrance and goes to the second entrance, they would have 5 ft. in which to get by. Mr. Hance explained that the parking design is not for a re- tail facility. They will be the main tenants as whole- salers, however, there will be some limited retail. He stated they are requesting the Conditional Use Permit for this reason. He estimates they could have up to 20 people per month visiting the facility. Commissioner Plufka asked Mr. Hance to describe this service. Mr. Hance stated that if, for instance, you live in Wisconsin and are visiting Minneapolis you could purchase and pick-up a part for your tractor which you had purchased from a retail outlet in Wisconsin. Mr. Hance stated they could not deny a customer service from their distribution center. Commissioner Plufka inquired if they advertise their direct service. Mr. Hance stated this was not the case and that in most instances they refer customers to the dealership. How- ever they do stock parts for the lawn and garden equipment and will serve a customer if they are not willing to return to the retail outlet, or if they have an emergency. Vice Chairman Pauba inquired if they repair this equipment on site. Mr. Hance answered affirmatively. He stated the equipment to be repaired can be sent in by the dealer or can be brought in by the customer for repair. However, all cus- tomers who bring in equipment for repair are referred by the dealer. Mr. Hance stated that perhaps 10% of their total volume would be repair work which could translate to 8 to 16 people a day. Commissioner Plufka inquired if this is a seasonal busi- ness. Mr. Hance answered affirmatively, and that is why they feel this conditional use is not a major part of their business. Commissioner Stulberg questioned the drive-in acess to the building? Mr. Hance expained they would enter on the left side at the center of the building where there is a two-way drive. Commissioner Stulberg commented about possible traffic circulation problems if they would be parked in the drive aisle waiting to enter the building; and questioned if they could turn around? Mr. Hance stated they would have to back out, or back in and drive out which is the reason for the two-way drive aisle. Paae 30 Planninq Commission Minutes February 26, 1956 Commissioner Stulberg asked if the Fire Inspector or Engine- ering Department had any problems with this traffic circu- lation. Coordinator McConn stated they had not expressed concern unless the volume of traffic is high and would occur on a continuous basis. Commissioner Stulberg stated that the circulation seems tight, especially for those vehicles carrying equipment on trailers. Mr. Hance reiterated that they always suggest the customer return the equipment to the dealer. However, they will not turn a customer away if they insist on being served at the distribution center. He confirmed that statistics from their other facility shows that area serving approximately 16 customers per day. Commissioner Stulberg inquired if the dealers bring in the equipment for repair. Mr. Hance stated that generally their vehicle will pick-up the unit from the dealer to repair or maintain. Commissioner Stulberg inquired about merchandise that isn't moving, and whether they would conduct warehouse sales on these items? Mr. Hance stated the business is 95% whole- sale. Commissioner Stulberg inquired of Mr. Marlan Carlson, Mirror Factory, who will be the other tenant about warehouse sales. Mr. Carison states only occasionally would they get a customer who would come in to look at products on dis- play. He stated that most are builders who would make a selection which would be delivered and installed. He esti- mated that only 5% would be walk-in business. Mr. Hance stated they had one warehouse sale four years ago and it was such a disaster and so much work, he doubts they would ever have one again. Commissioner Mellen stated that the configuration of the service area is like other businesses of this type in other communities, and there should be no objection to the build- ing and parking layout. Mr. Carlson stated their Minnetonka facility is very similar and they have no problems there. Commissioner Stulberg stated he is familiar with their building on Highway 12, and there is a high volume of traf- fic at this facility. He is concerned that if the same volume of traffic occurs on the roadway at this facility, there will be congestion. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Page 31 Planning Commission Minutes February 26, 1986 Commissioner Stulberg stated he is concerned about the park- inq variances. Commissioner Plufka noted his concern re- garding the "proof -of -parking" plan. Vice Chairman Pauba concurred with staff's concern regarding the mixed angled parking. Mr. Hance stated that shape of the lot causes much of the problem and explained the problem of fitting the parking stalls on the lot. He is concerned that he is being asked to provide "proof -of -parking" for the site in the event that a future tenant may want a manufacturing use. He stated they are a wholesale distribution center and in no way will the use intensify for this facility. He stated that admit- tedly they are having a problem meeting the "proof -of -park- ing" requirements for a manufacturing use, however, they are not applying for this use and it is their opinion that any more intense use that could be proposed would be many years in the future. He stated they did look at alternatives but felt this plan was the most desirable for their business. He noted that staff, in reviewing the parking plans did not address stalls for compact cars and they would like to request these for their parking lot layout. Commissioner Plufka stated the City is concerned about those sites wheTe tha in business !novas out because of their need for additional space, leaving a site that cannot support another use that would he allowed in that Zoning District. He stated the one-way drive aisle on the east side of the building could be a problem, along with the size of this building which may not suit another tenant. Mr. Hance stated that to reduce the building size would not be economically feasible. He stated it is their opinion the variances are not outrageous. He understands the concern of the Commission, but noted that a manufacturing use could also change. He stated they will have a 30 -year mortgage and their reasoning for the size of this building is to assure their future needs. Mr. Hance pointed out that the building could be constructed on a square lot and meet the standards, however, this lot is triangular in shape making it necessary for the variance requests. Mr. Marlan Carlson noted similar variance requests were made for the Sheehy building to the east; and, a proposal is to be made for a building to be known as "Snow -Larson" which will need the same setback variances. Mr. Hance stated they are trying to build within the Ordinance provisions but with the substantial slope to this property, moving the building back would be very costly. Page 32 Planning Commission Minutes February 26, 1956 Coordinator McConn explained that there have been several instances where buildings were constructed with no plans for future needs and these buildings and sites could not handle future expansion and intensified uses. She stated that no formal application has been made on behalf of the proposed building Mr. Carlson mentioned, but if variances are re- quested, these would be reviewed on their merits Just as has been done during the review of these development plans. She noted that the petitioner must meet the variance criteria and that approval cannot be granted for economic reasons. She explained that the Sheehy building to the east has two front yards and requested only a variance from the fire lane requirement. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO DEFER Plufka to recommend deferral with direction to the petition- er to reduce the number of variances. Commissioner Stulberg stated his concern about meeting the "proof -of -parking" re- quirements and the 2 ft. from the drive to the parking on the southwest corner of the building. He stated that traf- fic circulation is a primary concern, and that he had lesser concern with the yard variances in the northeast corner. Vice Chairman Pauba inquired if the petitioner had a ��prefer- ence 1 ence for deferral, or a reco����er�dati:. ; of . .,yam= to the City Council. Mr. Hance stated he would not move forward to the City Council with a recommendation of denial from the Plan- ning Commission. He stated their choice is to prove they can provide Ordinance parking or not build at all. He stated they have not been able to do this, and even though economics cannot be taken into consideration, reducing the building size will not be economically feasible. He stated they will review other options and alternative plans. Commissioner Plufka confirmed with Commissioner Stulberg that the direction is to eliminate as many variances as possible. Roll Call Vote. 4 Ayes. Commissioner Mellen, Nay. MOTION VOTE - MOTION CARRIED carries. Vice Chairman Pauba introduced the Residential Planned Unit DAVE PETERSON Development (RPUD) Amendment proposed by Dave Peterson, HARRISON HILLS, INC. Harrison Hills, Inc. and requested a review of the February RPUD AMENDMENT 10, 1986 planning staff report by Coordinator McConn. (86009) Page 33 Planninq Commission Minutes February 26, 198(' Vice Chairman Pauba introduced MMr. ktiayne Tauer, Suburban Engineering, representing the petition. Mr. Tauer stated they are requesting a maximum lot coverage of 30% for 15 additional lots. He stated they researched the City's files and have attached material that shows the history of this PUD. He noted that from the beginning the City has made favorable comments about the Harrison Hills PUD, calling it an outstanding project. It is their opinion that in the early planning stages, if they had made a similar request as they are today, they would have been granted this request without reservation. He stated the developer is now per- plexed because the buyers desire larger homes on smaller lots. It is his opinion that the City should allow some flexibility to meet the market requirements. He explained that the mass will be less than what was orig- inally planned even by granting this increased lot cover- age. The additional lot coverage will make little if any difference in the 100 -Year High water Elevation. Mr. Tauer summarized his comments that the PUD was not in- tended to provide affordable housing; that it meets and exceeds the attributes for a Planned Unit Development; and, that the plan insures the continuity of a quality development. Commissioner Stulberg confirmed that the request is not seeking the construction of smaller homes, but is asking for increased lot coverage. Mr. Tauer agreed, and added that this request does not adversely impact light and air; and, there would be no visual impact when driving up and down the streets. He noted that part of the problem is that decks are considered in the percentage of lot coverage; he sug- gested eliminating decks from the percentage. Mr. Tauer stated the staff report recommends combining parcels, but this is out of the question. Services would then become too expensive. He stated that earth sheltered homes were recommended, but would not be appropriate for this development. Vice Chairman Pauba stated it is true that this PUD is one of the nicest and truest of the Planned Unit Developments. Commissioner Stulberg stated that the PUD has changed from its original approvals by plan amendments such as that for the 14 lots previously approved. Mr. Tauer concurred, but noted they had requested increased lot coverage for all 70 lots. Commissioner Stulberg reminded Mr. Tauer that a Paae 34 Plannino Commission Minutes February 26, 1956 number of lots exceeded the lot coverage before the first amendment was approved. Commissioner Stulberg stated concern that 41.5% of the lots would be over the Ordinance standards for lot coverage if this request is approved. Mr. Tauer stated they reduced density in this area from 115 units to 70 units and the density in the northwest corner of the PUD has not been realized. He stated they could have limited the number of condominium units as a trade-off. Commissioner Plufka inquired about the size of the lots on which the request for increased coverage is made. Mr. Tauer stated they do not have tabulations lot by lot. Coordinator Mc Conn stated the minimum lot size based on the PUD design could range from 8,900 sq. ft. to 10,000 sq. ft. Commissioner Stulberg stated that relating to the marketing issue, neither the City nor the developer could have known during initial planning for this development that the market would dictate changes to the PUD design. Vice Chairman Pauba concurred stating that home buyers seem to be inter- ested in a larger home with a three -car garage and one or two decks. ,Ice C-hairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Commissioner Plufka stated that there seems to be no problem with the housing unit, but there is concern where requests to the PUD Plan by increasing lot coverage are being submit- ted in a piece meal fashion. He stated that this could be addressed by giving credit for decks and/or garages; how- ever, decks are not the problem, structure mass is the problem. Commissioner Mellen stated there is also the desire of the homeowner to upgrade the deck to a three -season porch for additional living space which would visibly change the appearance and increase the mass of the development. He stated he cannot support changing the City's policy for one development. MOTION by Commissioner Mellen, seconded by Commissioner MOTION TO DENY Magnus to recommend denial of the RPUD Amendment for Harrison Hills as stated in the February 10, 1986 staff report. Page 35 Planning Commission Minutes February 26, 1956 Commissioner Stulberg stated concurs with the Motion because of the number of lots involved; and, that he concurs with previous City Council direction that the developer select and graphically demonstrate those lots, so the Commission and Council can review it overall rather than on a piece meal basis. Roll Call Vote. 5 Ayes. MOTION carried. Vice Chairman Pauba called a Recess at 9:15 P.M. Vice Chairman Pauba called the meeting to order and intro- duced the application by the Glory of Christ Lutheran Church. He requested a brief overview of the February 10, 1968 staff report by Coordinator McConn. Commissioner Plufka stated it is important that discussion be directed to the fact that this Ordinance Amendment affects the entire FRD (future restricted development) District; arid, that the guiding for this particular property is for an industrial use. Vice Chairman Pauba introduced Reverend Jonathan Strohschein and advised Reverend Strohschein the Commission would con- sider any new material submitted that would be additional to that submitted with their application at the December 4, 1985 meeting. Reverend Strohschein showed slides of the property owned by the church and adjoining properties, explaining they do not feel that industrial guiding is an issue. He stated the City should consider returning to the 1980 standards to allow churches in the FRD District. He discussed why this land should not be guided for industrial use; that there would be traffic problems; and, road construction and utili- ties to this area would be costly to the City. He does not believe this request, along with their future development plans, constitutes "spot zoning". He noted this area is particularly suitable for a church use. He stated that staff had indicated appropriate sites for church develop- ment, however, the least expensive of these sites was $300,000.00. He noted that at one time the City had also been interested in a property but did not purchase it because of the cost. He stated that a business could pass on the cost, but as a non-profit organization, the church could not do this. VOTE - NOTION CARRIED RECESS GLORY OF CHRIST LUTHERAN CHURCH ZONING ORDINANCE TEXTUAL AMENDMENT (86011) Paqe 36 Planninq Commission Minutes February 26, 1956 He stated a church is not only an urban use, but fits a non- urban use noting there are many rural churches. He stated the City is not clear in their definition of urban and non- urban. He noted that the Ordinance states that residential uses, private clubs and golf courses are uses that can be either urban or non -urban and that the City should clarify this. Commissioner Plufka stated that a city is called a City because of its urban characteristics, however, a city can also include rural land which is not served by public utilities. Reverend Strohschein reiterated that the City in allowing private residences and private clubs in unserviced areas should consider church facilities as a permitted use. He stated that a church would not increase the sewer flow to any degree. The statistics they have provided regarding water consumption and sewer flow for churches were obtained from the City of Maple Grove. He stated they have docu- mented that church facilities use less water and would not impact the sewer flow. He stated they are not asking the City to throw out the Guide Plan, but that the City made a mistake in 1980 by changing the Ordinance so that churches would not be allowed in the FORD Zoning District. He noted that the City Council upon review of their initial application recommended denial by a split vote, and this should give notice to the City that there are problems with the Zoning Ordinance. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Stulberg, seconded by Commissioner NOTION TO DENY Plufka to recommend denial of the Zoning Ordinance Textual Amendment based on the same reasons as stated for the recom- mendation of denial for the November, 1985 application; that development of this land is premature and nothing has changed since their review of the previous application. Roll Call Vote. 4 Ayes. Commissioner Mellen, Nay. MOTION MOTION CARRIED carried. NEM' BUSINESS Vice Chairman Pauba introduced the application by Rick RICK RADECKI Radecki for Lot Consolidation, Lot Division, and Variance. LOT CONSOLIDATION He requested an overview of the February 13, 1986 staff LOT DIIV-ISIONAND AND by Coordinator McConn. v Page 37 Planning Commission Minutes February 26, 1956 Vice Chairman Pauba introduced Ms. Delores Nygren, 2735 A Kilmer Lane, representing the petition. Ms. Nygren explain- ed the circumstances for this request and the layout of sur- rounding lots in this neighborhood. She stated she has owned the land for 30 years arid wants to keep it for her family. Granting the Variance would not be detrimental to other properties in the area and is not precedent setting as this is the only land left for development in this area. Ms. Nyqren presented a petition signed by her neighbors who _ are in favor of her request. Vice Chairman Pauba introduced Ms. Donna Leonhardt, 9640 28th Avenue North; Enoch Peterson, 2745 Lancaster Lane; Helen Rice 2735 Lancaster Lane; and, Rosella Sowers, 2760 Nathan Lane, who all were in favor of the application for Lot Consolidation/Division by Ms. Nygren. They stated that the homes on these lots will fit in well with the existing neighborhood; that as a property owner for 30 years, Ms. Nygren would be sensitive to keeping the character of the neighborhood; and, that like most parcels in this area which are very large, they become burdensome to maintain. Mr. Peterson pointed out that the density in this area is much less than in the rest of Plymouth. The Commission discussed lot frontage and street layout. MOTION by Commissioner Mellen, seconded by Commissioner NOTION TO APPROVE Plufka to recommend approval for the Lot Consolidation, Lot Division, and Variance subject to the conditions as stated in the February 13, 1986 staff report. The Commission noted the unique character of this property as an in -fill area and that development will he consistent with adjoining properties. Commissioner Stulberg stated that the application as submit- ted does not meet all the variance criteria. Commissioner Plufka concurred, but with an in -fill situation in an existing neighborhood, there are many gray areas to consider. Roll Call Vote. 4 Ayes. Commissioner Stulberg, Nay. MOTION VOTE - NOTION CARRIED carried. ADJOURNMENT The meeting adjourned at 10:06 P.M. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 5, 1986 TO: PRAC and the City Council FROM: Eric Blank, Director of Parks and Recreation SUBJECT PRAC TRAINING SESSION - MARCH 13 This is just to remind you of the training session to be conducted by Paul Fjare of Brauer and Associates on the City's Comprehensive Park and Trail System Plans. We expect to serve supper between 5:30 and 6:00 p.m. with the training scheduled to begin around 6:15. In order to plan for the correct amount of food, please RSVP with Nancy at 559-2800 x 266 by Tuesday, March 11. /np Minutes of the Regular Meeting of the Park and Recreation Advisory Commission February 13, 1986 Page 3 Present: Commissioners Anderson, Beach (arrived at 8:30 p.m.), Chair Edwards, LaTour, Mullan, Reed and Rosen; staff Blank and Pederson 1. CALL TO ORDER Chair Edwards called the February meeting to order at 7:36 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Commissioner LaTour to approve the minutes of the January meeting as presented. The motion carried. 3. VISITOR PRESENTATIONS There were no visitors present at this meeting. 4. REPORT ON PAST COUNCIL ACTION Director Blank reported that the City Council approved the 1986 park dedication fees, the consultant for the 'Zachary Park concession building, the 1986 park facility rental policies and fee schedule, the neighborhood park improvements for Queensland and Imperial Hills neighborhood parks and the appointment of John Reed to the French Regional Park Advisory Task Force. Council also appointed Richard Rosen to the Park Commission to replace Betty Threinen. 5. UNFINISHED BUSINESS a. 1985 Annual Report. The annual report was reviewed for final changes, corrections and additions. Since no changes were recommended, a motion was made by Commissioner Mullan and seconded by Commissioner Anderson approving the 1985 Annual Report and forwarding it to the City Council. The motion carried with all ayes. Commissioner Reed questioned whether or not next year's report should place more emphasis on the proposed capital improvements section. He also is concefaed with the Council's feelings regarding priorities relating to the 1986-90 CIP. He is recommending that this item be discussed in more detail during the joint PRAC/City Council meeting. b. Parkers Lake Update. Director Blank reviewed for the commissioners the latest flow chart completed by Brauer and Associates. More topo- graphical work had to be done due to some disturbances that have taken place at the southwest corner of the lake since the last topographical charts were completed. The Commission will hold a special meeting on March 20th to review the plans once more and then residents will be invited to review the plans also. Director Blank reported that 550 tons of sand will be delivered to the swimming beach area within a week or two where it will be distributed on the ice by our maintenance staff where it will later settle when the ice melts. c. PRAC Training Session Update. Director Blank stated that he had recently met with Paul Fjare from Brauer and Associates to review the content of the training session. The training is expected to last approximately three hours and will be spent dealing mostly with the comprehensive park and trail system plans. Supper will be served starting around 5:30 p.m. The Council is being encouraged to attend this training session also. M—S PRAC Minutes of February 13, 1986 Page 4 d. Zachary Building Update. Director Blank met with the Zachary concession building consultants to review the size and layout of the structure. There may be a minor snag with the Health Department's regulations that require restrooms within the same building where there are concessions. At the present time, this building is not proposed to have any sewer lines connected to it. If it is required to construct sewer lines to the building, construction may have to be delayed due to the increased cost related to the sewer lines, which were not planned for in the original proposal. e. St. Mary's Land Update. Final plats for the St. Mary's development were delivered to the Planning Department recently. If they are approved, they will then go to Council for their approval. Approximately 45-60 days later, the City would be in possession of 11 acres -.of new park land. f. Neighborhood Park Projects Update (Queensland and Imperial Hills). No outside consultant will be hired for the design of these two neighborhood park improvement projects according to Director Blank. All work will be done by our own staff. Neighborhood meetings will be held at the end of March to seek input from residents surrounding the two parks scheduled for improvements. Chair Edwards asked Director Blank if there had been any more incidents of vandalism at Imperial Hills Park. Director Blank said that he had not heard of anything within the past several months. 6. NEW BUSINESS a. Joint Meeting with PRAC/City Council. Director Blank stated that the date Tor rhe ;n;nr meeting will have to be changed again. He as well as others have conflicts on March 24. He asked the commissioners for their agenda suggestions and the following are some of the recommendations: : City budget and how it may affect park development, maintenance and recreation programs Community Center Revenue ideas (John Mullan and Carol Beach have volunteered to meet with the recreation staff to research some ideas for increasing revenues for the recreation fund) Timing of park construction and trail construction as related to the budget Development of future neighborhood parks Commissioner Rosen, based on his interview with the City Council prior to his appointment to PRAC, perceived that the Council would like more emphasis placed on park maintenance and the development of recreation programs rather than the acquisition of new park land. Chair Edwards and Commissioner Reed also stated that they were given the same impres- sion by Council members. In view of this discussion, it was agreed that this item should be discussed in more detail at the joint meeting. Director Blank reminded the Commission that new park land is generally acquired through park dedication rather than being purchased with tax dollars. b. Resolution Supporting the President's Commission on Americans Outdoors. The Minnesota Recreation and Park Association has drafted a resolution M_4' _4' PRAC Minutes of February 13, 1986 Page 5 asking for the support of two commissions: the President's Commission on Americans Outdoors and the Commission on Minnesotans Outdoors as well as support for the Federal Land and Water Conservation Fund (LAWCON) and the State Legislative Commission on Minnesota Resources Fund (LCMR). Both of these grant programs have been very beneficial to the City of Plymouth in the way of park development as pointed out by Director Blank. In view of the benefits received by the City from these two grant programs, Director Blank encouraged PRAC to support the resolu- tion. A MOTION WAS MADE BY COMMISSIONER REED AND SECONDED BY COMMISSIONER ANDERSON TO ENDORSE THE RESOLUTION SUPPORTING THE PRESIDENTS COMMISSION ON AMERICANS OUTDOORS, THE COMMISSION ON MINNESOTANS OUTDOORS, AND THE REVITALIZATION OF MINNESOTA'S LOCAL AND REGIONAL RECREATION GRANT PROGRAMS. The motion carried with all ayes. Director -Blank then stated that hearings would be held in St. Paul on April 16 regarding the Commis- sion on Minnesotans Outdoors and several issues facing Minnesotans in terms of outdoor recreational resources. Issues important to PRAC included the continued development of the Luce Line trail, Voyageur National Park, Minnesota River Valley, St. Croix River and the continued maintenance and development of cross-country ski trails in Minnesota. Commissioner Mullan stated that he had been told cross-country skiing permits probably would not be required after next year. Funds from these permits has been one of the sources for financing the grooming of our state's trails. c. Legislative Commission on Minnesota Resources. Director Blank shared with the Commission a letter from Doug Carlson, Chairman of the LCMR, which is asking for opinions on which natural resource opportunities should be considered for funding in 1987. PRAC felt consideration should be gi,!= tc cleaning up our la><e� rivers and streams; continued acquisi- o�`•-' - o r -� tion of high quality park and recreation lands; the possible introduction of white amur fish into our lakes and ponds to help eliminate weeds, etc.; and the development of river and lake oriented recreation opportunities. 7. COMMISSION PRESENTATION Commissioner Mullan asked Director Blank if the City requires the architects it hires to have insurance. Director Blank indicated that the City does require these firms to be insured. Director Blank commented further that he attended an insurance seminar in January where he was informed that legislation has been proposed that would provide local governments the same limited immunity now available to state government and certain private landowners as related to the risk of injuries from participating in recreation programs. Specifically, this legislation would: provide limited immunity for claims based on the construction, operation or maintenance of parks and recreation areas and for the provisions of recreational services, provide limited immunity for claims based on the clearing of land, removal of refuse, or the creation of trails without artificial surfaces, hold municipalities liable for certain conduct - for example, creating dangerous artificial conditions without warnings. Al PRAC Minutes of February 13, 1986 Page 6 Director Blank also informed the commissioners that he believes the City's insurance covers them individually should they ever be sued by a resident injured while participating in a recreation activity. 8. STAFF PRESENTATION Director Blank stated that Hennepin Parks and the City are jointly working on acquiring some property along East Medicine Lake Boulevard which is within the regional trail right-of-way. The property has been appraised at $33,000 but the owner is willing to sell it for $25,000. Since Hennepin Parks is not in a position to buy it at this time, the City is proposing to purchase it and later sell it to Hennepin Parks. Commissioner Beach asked Director Blank if we have to pay for pool time when we sponsor a program at the school district's pools. He stated that we only pay if we require the services of a custodian for over -time. 9. ADJOURNMENT The meeting adjourned at 9:05 p.m. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 5, 1986 TO: James G. Willis, City Manager FROM: Richard J. Carlquist, Public Safety Direct SUBJECT Deer Task Force The Deer Task Force met on 11_rch 5, 1986. The following members were present: Jane Laurence Cooper, Dick !tilhollam, Carole Busch, Maria Vasiliou and Director Carlauist. Three ring notebooks were distributed for the purpose of storing the materials we have accumulated. The purpose of the meeting was to collect facts and assumptions ssrrosnd- ing our deer problem. After briefly reviewing the main points of the last meeting we went on to list 23 facts or ass=tions about our deer problem, they are as follows: 1. Damage to nursery stock is increasing_ F 2. Number of deer is not, O_ pmbahly and i s in fact increasing. F 3. Available deer habitat area is inseasing. F 4. There appear to be significant areas that are most prone to deer car collisions. F 5. White -tail deer populations are of a matriarchal structure; that is the dominant deer is the most senior female. A deer herd will typically range approximately one square mile and no further. F 6. A female fawn, born in the spring, will usually mate in the fall and produce a single young the next spring. She will continue for the next three to four years to produce twins and thereafter retire into the herd for approximately six more years. A deer will typically live ten to twelve years. F 7. The environment in Plymouth for deer (food source, cover, etc,) is ideal. A 8. People who move to Plymouth rate the country setting extremely high. F (Survey.) 9. Discharge of a fire=.. in an urban area is a safety hazard. F 10. Bow and arrow is less of a safety hazard than a shotgun/rifle etc. A 11. Sharp shooters (firearms) is a more humane way to kill a deer than bow and arrow. A 12. Moving a deer herd (tranquilizing) is possible, however, is costly, not guaranteed and may cause death to the deer. F 13. Professional Nursery Associations have not found a cost effective way to eliminate damage fry deer. A 14. For a fence to be an effective barrier for deer it must be a minirmin of eight feet tall. F PAGE TVID DEQ'. TASK, FORCE -J�- I 15. The City has an obligation to find a solution to Task Force Char -j7 -e. f 16. A compatible solution to all interest groups is not feasible. A 17. A possible solution is to do nothing. A 18. The remedy for the Task Force Charge must be cost effective for the City. A 19. Different solutions will have different price tags. F 20. A public safety hazard exists for motor vehicle vs deer collisions. F 21. Deer will travel siTailiar routes for feeding and sanctuary. A 22. Deer are mostly nocturnal i.e. they are eating mostly at night. F 23. Most deer vs motor vehicle collisions occur during dusk and dawn. F The following figures were also submitted to the Task Force. They reflect the Department of Natural Resources records for confiscation reports fro.: 197E through 1985. f. confiscation report is made any time the Department of Natural Resources either releases a deer to an individual or coymes out to pick up a deer carcass for some reason. The data is incomplete due to a change in record keeping by the Department of Natural Resources. YEAR NO. 07 DT=. 1978 15 1979 20 1980 39 1961 29 1982 Data ,z available 1983 23 1984 42 1985 34 June thru December Excludi-g 1,L-r^ch and nay January thru August The Task Force then decided to hold its next meeting on April 9th at 7:00 P.i% The purpose of that meeting will be to work into possible solutions (recam endations)which can be forwarded to the City Council to use in determining what to do with the deer problem in Plymouth. Jane Laurence Cooper was assigned to research what other municipalities are doing with deer problems and to consult experts from the University of Minnesota, the Department of Natural Resources and Hennepin Park. Director Carlquist suggested conducting a search through the Login Network over the computer. Maria Vasiliou offerred to assist with the homework assignment if the load got to be too much. The meeting was adjourned at approximately 5:30 P.M. The minutes subndtted by Jane Laurence Cooper. JLC/slm March 4, 1986 Mayor Virgil Schneider Citv of Plymouth 34uu Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mayor: In August of 1985 it wasbrought to the attention of the City of Plymouth about a vegetable stand being run out of a residence on the corner of Highway lul and luth Ave. North. After much confusion from City Nall as to what Dept. this problem falls under, I was told it was a Police matter. Concerned citizens of loth Ave. No. signed a petition to stop the vegetable stand and it was presented to the Police Dept. Along with the petition were pictures showing traffic, a delivery truck, parking etc. problems caused by this stand. Re: Wayzata/Plymouth Sailor newspaper dated March 3, 1986 "Plymouth takes a stand on a roadside problem" The article states that Iaudette lives in a residential district where retail sales of merchandise aren't allowed. I am glad to read that yuu are aware of this fact. This is a residential area, not commercial. The vegetable stand is run out of a home (garage) from June to October and with the signs, flags, etc. it lvuks lire a continual "GaraEre Sale." Tt degrades my neighborhood and I want to see it closed down permanently. The other problem this stand causes is traffic and parking problems. The newspaper article again states that you are aware of this. it states parking availability and some type of safe entrance and safe exit for their business are among the considerations. If J. Gaudette is able to obtain this criteria, I would not like to see this in a residential area. Last year a letter was received by a luth Ave. nume owner from Blair Tremere, Dr. of Comm. Dev, that stated when the business of this veg,table stand came before the City Council, home owners within 5uu feet would be notified. Why was I not notified? Thank you for your time. Sincerelyh \ �1ti U.m Charles B. Nason Mary Ann Nason 17610 D 10th Ave. No. Plymouth, Minnesota 55447 1 aev tic� t& Va,y�a& �rwa�, d&4 c6 3.e6; 2�, igB6, u mZ�ng, .waa. Meld abo-wt v.eyeta6lr� ��,¢w�edai.�.,1 ,tlzv� ,arNr.tal Au,idtitoi.viv 1o1A 4vw A/.or,Vvtiv�w��•lc�w�uG Ct,Gout tlLv .t,4w.cet-r�W 4 /off ANe N•ortk. O,wv,co rtip,luvwt 4A,144V �a �.O •�oury Tj,,v mu.�av� at �.at •tim�/� �.(,�,ecL .T rrc� aid rnub cv 4adv ay„ fuv,� fo oxo nu a f c� .a c4� Iv Axvpw pe., dzeoy�uq;, F. anzd /tegv�•try .c�.vu.Z. p�totte� . Cl.Cao .�n, x�iti .lrt�f-r� .�t Ca"V,ct tau cru d o�Kwta, .v✓i:r�di�.�g, .��r .w%o �moc� .aprak. �v .t,Gv/0 .uav at P,.er400w 4-v �G.�,v ,deti,IXOrW, .a,ai1 Apt no�ucG ,o� ocvtr n2.el4,zg, 6V .eCvv -url�o .cr�,o-ced f�Rt parr.�ulaiv iw�L. O.wr/ ,Ou/v �c�cY�tP/t�.� � Aut.Al Aai A /�PA.�dfi�.cCLi �/LP�GL� P/�oaCwGfi �rGfirtl�, ��LG�UCCk� .v�✓ AV .c�nu�nr� � f�,cq�.wacf, l�oi, .�Glc�.aC Pang,, acicttv,►.,il ►ti+y .cotiu,�ir.�,,� �o �lw C.c�✓rc� .ov .rto� cam, ,uraulcL hat 2¢-ca� ,ov �ti r►�r�n,�n�u�tcL, Ave. No. 5s��7 OAP�-Jr!^G- �.ra :r::- 2-- z 71e'l- M Of W" ZO r1c �a - Z . . ............. s 04b f%+;fO OA9 March 7, 1986 Mr. and Mrs. Charles B. Nason 17610 D 10th Avenue North Plymouth, MN 55447 Dear Mr. and Mrs. Nason: CITY O PVMOUTI f Thank you for your letter expressing your concern regarding the Council's discussion of February 24, 1986 regarding the sale of vegetables. I am enclosing for your information, a copy of the staff report which was sent to the City Council that evening, as well an extract from the Minutes which deal with the Council's discussion. You will note that the staff report was dealing essentially with the establishment of a "Farmer's Market" in Plymouth as well as some of the problems created by transient merchants. The Council discussed this subject for some period of time and has general- ly concluded that it is not inclined to establish a centralized "Farmer's Market" at this time, but does desire to further explore the matter of the location and regulation of transient merchants including vegetable stand operators. You may be interested to know that we have tentatively scheduled this subject for fur- ther discussion at the March 17, 1986 City Council meeting. Please feel free to contact Mr. Blair Tremere, Director of Community Development, or Mr. Frank Boyles, Assistant City Manager if you have any further questions regarding this topic. Yours truly, mes G. Willis Ci y Manager OGW/ gew cc: Mayor and Council Blair Tremere Frank Boyles ENCS 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 March 7, 1986 Mr. Sohn Muchlinski 17710 10th Avenue North Plymouth, MN 55447 Dear Mr. Muchlinski: C IT O PUMOUTR 111-1 �2_ Thank you for your letter expressing your concern regarding the Council's discussion of February 24, 1986 regarding the sale of vegetables. I am enclosing for your information, a copy of the staff report which was sent to the City Council that evening, as well an extract from the Minutes which deal with the Council's discussion. You will note that the staff report was dealing essentially with the establishment of a "Farmer's Market" in Plymouth as well as some of the problems created by transient merchants. The Council discussed this subject for some period of time and has general- ly concluded that it is not inclined to establish a centralized "Farmer's Market" at this time, but does desire to further explore the matter of the location and regulation of transient merchants including vegetable stand operators. You may be interested to know that we have tentatively scheduled this subject for fur- ther discussion at the March 17, 1986 City Council meeting. Please feel free to contact Mr. Blair Tremere, Director of Community Development, or Mr. Frank Boyles, Assistant City Manager if you have any further questions regarding this topic. Yours truly, IS— mes G. Willis C ty Manager DGW/ gew cc: Mayor and Council Blair Tremere Frank Boyles ENCS 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 March 7, 1986 Ms. dean dung 17605 10th Avenue North Plymouth, MN 55447 Dear Ms. Junq• r CITY OF PUMOUTR Thank you for your letter expressing your concern regarding the Council's discussion of February 24, 1986 regarding the sale of vegetables. I am enclosing for your information, a copy of the staff report which was sent to the City Council that evening, as well an extract from the Minutes which deal with the Council's discussion. You will note that the staff report was dealing essentially with the establishment of a "Farmer's Market" in Plymouth as well as some of the problems created by transient merchants. The Council discussed this subject for some period of time and has general- ly concluded that it is not inclined to establish a centralized "Farmer's Market" at this time, but does desire to further explore the matter of the location and regulation of transient merchants including vegetable stand operators. You may be interested to know that we have tentatively scheduled this subject for fur- ther discussion at the March 17, 1986 City Council meeting. Please feel free to contact Mr. Blair Tremere, Director of Community Development, or Mr. Frank Boyles, Assistant City Manager if you have any further questions regarding this topic. Yours truly, 0 mes G. Willis ty Manager JGW/gew cc: Mayor and Council Blair Tremere Frank Boyles ENCS 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 ruture of produce venaors is a growing problem in city By ANN ANDERSEN For the first time in perhaps 20 years, Plymouth is looking with concern at the fresh vegetable stands that pop up in various locations throughout the city every summer. Discussed but not solved at last week's council meeting, the topic is scheduled for consideration again on Monday, March 10. Complaints received from residents last summer express- ed concern about traffic conges- tion and safety; about the ap- pearance of some stands: about the competition with established retailers. Customers who enjoy the quality and freshness of the fruit and vegetables as well as the convenience of the produce stands have come to the defense of the summer vendors. One of the joys of living in Plymouth is the country charm of such things as roadside produce stands, they say. Caught between the proverbial rock and a hard place, the city council considered one solution Proposed by city staff -- establishing a central Farmers :Market near Parkers Lake — but it met with general disfavor from the produce growers and the council itself. PRODUCE GROWERS didn't like the idea of leaving estab- lished areas and customers which have been acquired over a period of time. The council didn't like the cost of insurance and maintenance that would be involved in a city -sponsored project. Another troublesome aspect for the City council is that there is a conflict between the city code, which allows licensing of "transient merchants," and the zoning ordinance, which does not provide for such activity in either business or industrial dis- tricts, much less residential areas. The city issued about 40 licenses last year to transient merchants (defined as someone engaging temporarily in the business of selling and deliver- ing goods and who hires, leases, uses or occupies any building, structure, vacant lot, motor DAVID AND 1EANIE Gaudette say their fresh produce stand has become on important second income for their family while allowing her to be at home with their three children. sub photo by Ann Anderson vehicle, tailer or railroad car) Exempted from city licensing are persons who sell farm pro- duce on the land that they oc- cupy and cultivate for the pro- duction of that produce. But the concerns of even these home - occupied vendors are raised in the current controversy. JEANIE GAUDETTE was one of three home -occupied produce sellers who appeared at the council meeting to discuss the importance of their produce stands. Interviewed in her kitchen on Saturday morning, Gaudette explained their three-year-old enterprise, conducted in the garage located at the corner of 10th Ave. and N. Highway 101. The garage, paneled and with astroturf on the floor, is con- nected to the house by a breezeway. "The whole idea for us is that I can take care of the children. I let my nursing license lapse at St. Mary's because this was working out," she said. "All families seem to need a second income to meet their needs and this was our solution." She said they've arranged their family budget, and her ca- reer, around the produce stand. "And we've even planned our family around it because this one is going to be born before planting season." she said. She and husband David, a color separator in the printing busi- ness, have three children: one daughter, 7, and two sons, 5 and 3. And they are expecting another child. -THE MOST IMPORTANT thing for us is to be home raising our kids. I feel very strongly that one parent should be home. We made that commitment when we started our family. The reason to have a family is to be together." Jeanie laughed at the thought of the togetherness that will occur when their fourth child arrives in the two-bedroom home. David explained their special service and relationship with customers. One once ordered a dozen tomatoes of similar size and color for a party. "%We'll take care of that while we pick." he said. Having to sell their produce at a farmers market would defeat their family plan, both agree. but licensing and inspection would be fine. "We are picky about what we sell. It's quality," Jeanie said. Special council MCL111y February 24, 1986 Page 47 Motion carried, five ayes. Manager Willis reported on his proposals to cut the budget by $120,000 to met the projected shorfalls in local government aids from the State. Although it is premature to speculate on the amount of the cutback, he is expecting to reduce expenditures by that amount. He stated no action is necessary at this time, but will be when the cutback amount is known. Discussion followed on the use of the contingency fund. Director Moore reported that the project, as requested by the Bass Lake Homeowners Association, would include work associated with the sedimentation basin and construction of the City trail through Bass Creek south of the Soo Line Railroad and would cost= an estimated $63,400. He summarized the results of the tests conducted by the soil testing firm, the proposed improvements, and the conclusion reached with the HOA. The developer of the Creekwood Hills Addition will be asked to help pay for the improvements as they are partially responsible for the problem. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to authorize the request for bids on the project. Motion carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Crain, directing staff to contact the developer to negotiate a 50/50 cost sharing on the project. Motion carried, five ayes. PROPOSED 1986 BUDGET REDUCTIONS Item 9-B BASS LAKE SEDIMENT.ATIC POND, PROJECT 561 Item 9-C Director Moore reported that the work within the City of ELM CREEK DRAINAGEIA�) Plymouth has been contracted for and will be completed this PROJECT week. The work in Maple Grove has also been contracted for and Item 9-D is expected to be completed by next week. Vern Peterson, 17425 C.R. 47, stated the work did begin today and is proceeding quickly. Assistant Manager Boyles stated complaints about transient mer- chants selling produce from roadside locations have been received from neighbors and businesses in the community. As a result, the possibility of establishing a Farmers' Market was explored. The proposed Farmers' Market would be at the north- west corner of C.R. 6 and Niagara Lane on the future Parkers Lake playfield site and is intended to be a pilot program. Development of the site would cost an estimated $5,000 and Insurance would be approximately $4,400 per season. Councilmember Vasiliou asked if this would be the only Farmers' Market site and stated she has never seen a problem at the sites she visits. She objects to local growers bring in produce they have not grown, but doesn't believe this is a great problem. FARMERS MARKET PROPOS" Item 9-E February 24, 1986 Page 48 Assistant Manager Boyles stated that enforcement of the City Code requiring licensing is the biggest problem. There is a conflict with the City Zoning Ordinance and transient merchants are highly mobile. Director Tremere stated that the Farmers' Market approach was explored as a means of addressing problems of enforcing the Code which allows transient merchants to operate anywhere with the property owner's permission. Marlys Jacobs, 6367 Lawndale Lane, Maple Grove, stated she never had a license because the produce is grown by her and she believes, therefore, that she is exempt from licensing. She doesn't like the Farmers' Market idea because she is in a good location and would lose her customers. Floyd Broman, 10720 C.R. 116, Rogers, stated the growers are looking for the opportunity to sell in Plymouth. He understands the Code to exempt all produce sellers who have an owner's per- mission to sell on a site, even if the produce comes from another location. Jeanie Gaudette, 1005 Highway 101, stated she checked with the planner's office before moving to Plymouth to determine if she could sell produce out of her garage and was told it was okay. This year she was told she violated the ordinance. Councilmember Sisk stated that because of the growth of the com- munity people cannot keep doing business the same way as was handled 15 years ago. Public safety concerns are different. Councilmember Zitur stated he is not against a Farmers' Market but is against the City paying the insurance. He is also worried about the safety factor. Director Tremere stated the problem with most of the sellers is that they are not in the category of growing and selling the produce on their own land; they are on other people's land or have other people grow their produce. The transient merchants license would allow them to sell anywhere, but the Zoning Ordin- ance doesn't allow it and this at least, should be addressed. Director Carlquist stated this is not a popular issue. He believes the setting up of a Farmers' Market would not be a good idea. Discussion followed on traffic problems, zoning, liability insurance, and defining areas for sales. Attorney Thomson stated the City is not liable merely by issuing a permit. JF)G�.1Q1 February 24, 1986 Page 49 Director Tremere stated the Code language was written a .long time ago before traffic was a problem. The Council consensus was not in favor of a Farmer's Market. The City Council would like to accommodate local growers as long as: safe conditions can be retained, some type of indemnifica- tion/liability insurance is provided by the transient merchants, ,neighbors are notified of the proposed sale in residential areas and, they be allowed in all zones. Produce should be grown by the seller, but not necessarily on the site of the sales. Director Tremere explained that recommendations regarding zoning could be formulated and referred to the Planning Commission for the required public hearing. The matter will be brought back before the Council with staff's recommendations at the March 17 meeting. MOTION was made by Councilmember Crain, seconded by Councilmem- ORDINANCE NO. 86-04 ber Vasillou, to adopt ORDINANCE NO. 86-04 RELATING TO FEE FOR INSTALLATION & REMOVA SIGNS ERECTED ON SITES TO ANNOUNCE PROPOSED DEVELOPMENT AND LAND OF SIGNS USE ACTIONS; AMENDING SECTION 1015.23 OF THE CITY CODE. Item 9-F Motion carried on a Roll Call vote, five ayes. Assistant Manager Boyles reported on the League of Minnesota LMC AMICUS PROGRAM Cities Municipal Amicus program enhancements which would Item 9-G* Increase annual membership costs between 5 and 10%. He recommended, and the Council concurred, that the League be advised that Plymouth chooses not to participate in the expanded program at this time. The Council reviewed and approved the agenda for the March 10 MARCH 10 TOWN MEETIN'_ Town Meeting. This meeting is to include Area 9 lying north of AGENDA C.R. 6, east of Highway 101, west of Vicksburg and south of 36th Item 9-H Ave. Invitations will be mailed by February 28. Assistant Manager Boyles presented a draft request for profes- FIRE STATION NO. 3 sional service for Plymouth Fire Station No. 3 and remodeling of REQUEST FOR PROPOSAL Fire Station No. 1. Item 9-I Council reviewed and approved the draft as well as the list of consulting firms who will receive the request. Manager Willis stated the City has solicited proposals for the SALE OF OUTLOTS B AN' sale of Outlots B and C of Plymouth Parkview Addition for PLYMOUTH PARKVIEW ADC private development. Four proposals were received and reviewed Item 9-0 by staff. He is recommending a purchase agreement be drafted for the properties with Image Homes. i r-, CL, PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT CLASS I MONTH FEBRUARY 1986 I MURDER RAPE I ROBBERY I ASSAULT BURGLARY I THEFT I AUTO THEFT I ARSON 1985 I 0 ( 0 1 0 I 7 I 8 i 65 i 7 I 1 I 1986 I 0 I 0 1 1 I 12 1 14 I 64 I 5 I 0 1 TOTALS 1985 88 1986 96 + 9.1% CLASS II COUNTERFEITIFRAUDI MENT IPROPERTYIVANDALISMIOFF ITUTIONIOFFINARCILINGIFAM/CHILDID.W:I.I LAW I CONDUCT I OTHER 1985 i n 1 14 I n 1 2 I 27 I n l 0 1 3 1 4 1 D 1 D I 28 10 I. 1 I 19 I 1986 I 0 I 12 i 0 1 0 1 24 I n I 0 1 3 1 7 1 0 1 n 1 37 1 9 1 4 1 41 1 TOTALS 1985 98 1986 137 +39.8% CLASS III FATAL -PERSONAL P ROn-RTY SNOWMOBILE P1tUILAL Jululuc nniunnL nnar,— ACCIDENT I INJURY I DAMAGE I ACCIDENT I DROWNING I EMERGENCY I SUICIDE I ATTEMPTS -1 DEATH I BITES IFIRE 1 1985 1 0 I 10 i 53 1 0 I 0 1 46 I 0 I 2 I 0 ( 2 13 1986 1 0 I 15 I 76 I 0 I 0 I 67 1 0 I 2 I 1 I 3 112 TOTALS 1985 126 1986 176 +39.7% CLASS IV ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC 1110MESTICIDETAILIALARMSIPROWLERIOUTS IAGENCYISERVED (DETAIL IVIOLATIONIINFORMATIONIPERSON IFOUNDINUISANCEI MISC. 1 1985 I 16 I 88 I 59 1 4 I 86 1 35 i 27 i 115 I 2 1 112 I 1 1 6 1 57 I 105 1 1986 1 22 I 74 i 62 1 0 1 89 1 35 I 50 I 154 i 0 1 71 I 2 1 6 I 53 1 58--1 TOTALS 1985 713 1986 676 - 5.2% HAZARDOUS VIOLATIONS 1985 328 1986 309 - 5.8% NONHAZARDOUS VIOLATIONS 1985 526 1986 584 +11.0% CRIMINAL OFFENSES CLEARED 1985 41.3% 1986 37.4% TOTAL NUMBER OF INCIDENTS 1985 1,025 1986 1.085 + 5.9% PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT CLASS I MURDER RAPE I ROBBERY I ASSAULT I BURGLARY 1 THEFT I AUTO THEFT I ARSON 1965 0 � 0 I 0 � 15 I 39 I 11R I 16 I 1 1986 I 0 I D I 2 29 I 36 I 135 11 I 2 I TOTALS 1985 189 1986 215 +13.8% CLASS II I COUNTERFE 1985 1986 TOTALS 1985 1986 RAUDI MENT IPR 40 I o I 19 I 0 184 253 +37.5% CLASS III FATAL PERSONAL PROPM ACCIDENT I INJURY j DAMAGE 1985 I 0 I 26 I 126 1986 1 I 29 I 164 TOTALS 1985 303 1986 365 +20.5% MONTH JANUARY - FEBRUARY 1986 EEN WEAP PROSTI SEX LAMB UFFtNbtb L►V• �•� �` ERTYIVANDALISMIOFF ITUTIONIOFFINARCILINGIFAM/CHILDID.W.I,ILAW I CONDUCT I OTHER I 2 I 49 I O I 0 1 3 1 5 1 O I 0 I 49 I O I 3 I 33 I n 1 49 1 0 1 0 1 5 1 15 I O I 1 1 65 121 I 7 I 69 I DICAL aua�,iul IDENT I DROWNING I EMERGENCY I SUICIDE I ATTEMPTS I DEATH I BITES I FIRES 0 i 0 i 102 I D I 3 I 3 1 6—1 37 0 I_ 0 I 123 1 0 i 5 I 3 I 4 I 36 CLASS IV SSI ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC IDOMESTICIDETAILIALARMSIPROWLERI OUTS JAGENCYISERVED IDETAIL IVIOLATIONJINFORMATIONIPERSON IFOUNDINUISANCE1 MISC. 1 1985 I 26 181 i 144 I T I 189 I 81 i 57 I 245 I 3 i 206 1 4 I 14 218 I 129 ( 1 7 123 148 1986 I 33 156 145 2 201 62 82 351 1 151 4 1 ( CRIMINAL OFFENSES CLEARED 1985 40.4% TOTALS 1985 1,504 1986 32.03 1986 1,476 - 1.9% HARZARDOUS VIOLATIONS 1985 582 1986 588 + 1.0% TOTAL NUMBER OF INCIDENTS 1985 2,180 NONHAZARDOUS VIOLATIONS 1985 1__074 1986 1,225 +14.1% 1986 2,309 + 5.9% __ �— PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY MONTH FEBRUARY 1986 $TURAGt IN 51KULIUKtZ� I I SPECIAL STRUCTURES I I 0001 0401 0400 0800 0801 1200 1201 1600 1601 2000 12400 2001 { CONFIRMED CALLS { FALSE ALARMS I TOTAL NUMBER OF I PERMITS ESTIMATEDi I ISSUED I LOSS PRIVATE DWELLINGS { I { 2 1 1 1 1 1 1{ 4 I 1 1 5 I 1 1$25,000 APARTMENTS { I 2{ I 0 I 4{ 4{ 1 I 3 { R I 11 -- HOTELS ANO MOTELS I I I I I I { n I 0 I 0 I 0 ALL OTHER RESIDENTIAL I I I I I I I 0 I 0 PUBLIC ASSEMBLY { I I 1 1 1 1 1 1 I 4•3. I 0 I 3 1 - SCHOOLS AND COLLEGES I I I I I I I I 1 :I 0 1 HEALTH CARE INSTITUTIONS I I 1 1 I 2 1 1 1 1 1 1 I • 4 I 5 I 1 1 I -- PENAL INSTITUTIONS I I I I I 1 I 0 I 0 I 0-- I j STORES ANU OFFICES I I I I I 1 1 1 1 1 I 1 I 2 INDUSTRY, MFG I I 1 1 I I I 1 1 1 1 1 I 2 I -- I 1,500 $TURAGt IN 51KULIUKtZ� I I SPECIAL STRUCTURES I I I I I I { I I 0 { 0 I 0 FIRES OUTSIDE OF STRUCTURES I I I { { I { 0 { 0 I 0 FIRES IN HIGHWAY VEHICLES I { { 2 1 1 1 I I 2 I 1 I 3 200 jFIRES IN nTHER VEHICLES I { { I I I I 0 I 0 I O I - -- FIRES IN BRUSH, GRASS { ( { I i i i 0 ! 0 I 0 I FIRES IN RUBBISH, DUMPSTERS I I I { I I I 0 I 0 { 0 1 I ALL OTHER FIRES I { I I I I I 0 I 0 I 0( - I -- MEDICAL AID RESPONSES I I I I I I ( 0 I 0 I 0 -- "MALICIOUS FALSE ALARMS I I I { I I I 0 { 0 { 0- I MUTUAL AID OR ASSISTANCE I I I I I I { 0 I 0 I 0 I ALL OTHER RESPONSES I I ( I I I 1 1 { I I 1 I 2{ I "" TOTALS "INCLUDED IN FALSE ALARMS TOTALS FEBRUARY 1985 CONFIRMED CALLS 17 FALSE ALARMS 12 TOTAL CALLS 29 ESTIMATED LOSS $3R,3nn 11 9 5 17 17 PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY - ZL MONTHLY JANUARY - FEBRUARY 198E i YUDL11. /1JJCr9DLl SCHOOLS AND COLLEGES I I 0001 0401 0801 1201 1601 2001 CONFIRMED FALSE NUMSE-R OF PERMITS ESITMATED 6 n400 n8n0 112nn 1600 2n00 2400 CALLS ALARMS TOTAL ISSUED LOSS PRIVATE DWELLINGS 2 3 5 2 4 4 16 4 20 -- $31,100 ' APARTMENTS 4 4 2 5 5 1 6 16 22 -- -- y HOTELS AND MOTELS 0 - - - FIRES OUTSIDE OF STRUCTURES 0 0 0 0 0 TALL OTHER RESIDENTIAL 4 4 8 -- 17,700 FIRES IN OTHER VEHICLES 0 0 0 - - - - FIkES IN BRUSH, GRASS 1 1 0 1 I • 1 1 i C -- i YUDL11. /1JJCr9DLl SCHOOLS AND COLLEGES I I I 2 I 2 j 0 2 HEALTH CARE INSTITUTIUNS 1 1 2 1 3 2 1 6 8 1 -- PENAL INSTITUTIONS 0 1 0 0 - - - - STORES AND OFFICES 1 1 2 2 2 1 4 -- -- INDUSTRY, MFG. 1 1 1 1 2 - 1,500 STORAGE IN STRUCTURES 0 0 0 - - - - SPECIAL STRUCTURES 0 0 0 - - - FIRES OUTSIDE OF STRUCTURES 0 0 0 - - FIRES IN HIGHWAY VEHICLES 1 1 4 1 1 4 4 8 -- 17,700 FIRES IN OTHER VEHICLES 0 0 0_�T - - - - i FIkES IN BRUSH, GRASS 1 1 0 FIRES IN RUBBISH, DUMPSTERS 1 1 0 ALL OTHER FIRES 1 1 0 1 - - 200 MEDICAL AID RESPONSES 1 1 0 1 - - - MALICIOUS FALSE ALARMS 0 0 0 - - - - MUTUAL AID OR ASSISTANCE 0 0 0 - - ALL OTHER RESPONSES 1 1 1 1 2 - - - - TOTALS f 7 1 11 1 14 1 15 1 18 1 12 42 35 77 1 $50,500 *INCLUDED IN FALSE ALARM TOTALS YEAR TO DATE 1985 CONFIRMED CALLS 37 FALSE ALARMS 39 TOTAL CALLS 76 ESTIMATED LOSS #102,300 L -yam SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55441 (612) 553-1144 M I N U T E S January 9, 1986 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Neil Johnson on Thursday, January 9, 1986, at 12:15 p.m. at Gordon's in the Park, 7725 Zane Avenue North, Brooklyn Park, Minnesota. Present were: Sy Knapp, Brooklyn Center; Neil Johnson, Brooklyn Park; William Sherburne, Crystal; Gerry Butcher•, Maple Grove; Milton Christensen, Minneapolis; Roger Paulson, New Hope; Eugene Hakanson, Osseo; Lee Gustafson, Robbinsdale; Peter Willenbring and Wil- liam Weidenbacher, E.A. Hickok and Associates; Curt Pearson, attorney; and Judie Anderson, recording secretary. 1. Minutes of December 12, 1985, meeting. Hakanson moved and Paulson seconded a motion to approve as writ- ten the minutes of the December 12th meeting. Motion carried. [The meeting was suspended for lunch and resumed at 12:50 p.m.] 2. Treasurer's Report. Knapp moved and Butcher seconded a motion to approve the Treas- urer's Report. Motion carried. 3. Approval of Claims. Sherburne moved and Knapp seconded a motion to approve claims totaling $18,672.23. The claims were approved by roll call vote: ayes - Knapp, Johnson, Sherburne, Butcher, Christensen, Paulson, Hakanson, and Gustafson; nays - none; absent - Plymouth. 4. Communications. Johnson notified the Commission of Jeff Johnson's letter to Dan Donahue in which he tendered his resignation as New Hope's repre- sentative to the Shingle Creek WMO. 5. Insurance. Pearson related his conversation with Dan Rooke of Insurance Agents Group re the latter's conversation with various liability insurance carriers. 6. Management Plan. Weidenbacher informed the Commissioners that the TR20 model has SCWMO Minutes January 9, 1986 7. 8. been completed but that his staff has not completed the HEC model. Willenbring distributed and discussed the Hydrologic Modeling Report. Weidenbacher will meet with Commissioners in two work- ing sessions to identify possible problems indicated by the re- port. Brooklyn Center, Brooklyn Park, Crystal, Minneapolis and Robbinsdale will meet at Crystal City Hall on January 31 at 9:00 a.m. Maple Grove, New Hope, Osseo and Plymouth will meet at Maple Grove City Hall on January 30 at 2:00 p.m. Weidenbacher will develop implementation plans for final standards in time for the March meeting. He would like comments to these plans by March 25. A final draft will be preser_ted at the April 10th meeting. Pearson mailed copies of the Interim Standards to the member communities. Knapp distrib,,:{.ed a copy of site development areas within his community which would be affected under the current standards. Project Reviews. None. Other Business. Gustafson and Anderson will check other meeting sites and report to the Commission at the February meeting. Johnson reminded the Commissioners that election of officers, selection of a depository and a deputy treasurer are scheduled for the February meeting. Pearson stated that the Water Resources Board has appointed an Advisory Council to set criteria for reviewing the Management Plans. Weidenbacher was directed to determine the fees that will be incurred by member cities under the EPA's NPDES program in time for the February meeting. Sherburne moved and Knapp seconded a motion to adjourn. There being no further business before the Commission, the meeting was adjourned at 2:50 p.m. Respectfully submitted, /4__Z1_& Judie A. Anderson Recording Secretary JAA THESE MINUTES PENDING APPROVAL BY THE CTC BOARD AT ITS MARCH MEETING. NORTHWEST SUBURBS COMMUNITY TELEVISION CORPORATr1iyt?rrrl�.� r MEETING MINUTES �l February 12, 1986, 7:30 AM Brooklyn Park Studio The regular monthly meeting of the CTC was held on Februe 1986 at the Brooklyn Park Studio and was called to order President Cilke at 7:40 AM. Directors presents were: Blank, Cilke, Dieleman, Donahue, Garber, Gorse, Leto, Marshall, Tripet and West. Staff present: Greg Moore, Mike Johnson, Dave Kiser, John Gibbs. Others -present: Frank Anderl. Correction to January minutes Director Orn was present at the January meeting and his name was omitted from the roll call. Agenda Item II.1 - Approval of Minutes Director Blank moved, seconded by Director West, to approve the minutes from the January 8, 1986 meeting. Motion carried. Agenda Item II.2 - Treasurer's Report Director West moved, seconded by Director Tripet, to approve the Treasurer's report as presented. Motion carried. Agenda Item III.1 - Consideration of 1986 a0216 The CTC goals for 1986 had been referred to the Public Relations Committee. That committee met and reviewed the goals and no changes or modifications were made. It was moved and seconded to approve the CTC 1986 goals. Motion carried. Agenda Item III.2 - CTC Committee Structure The Executive Director said that the Executive Committee had met since the last Board meeting to discuss the CTC committee structure. He said that the various committees had been formed for the CTC before there was a staff, and now that the CTC is an operational entity, it is felt that the committees should reflect policy making functions. The Executive Committee recommended that there would now be two mayor committee, the Budget Committee and the Policy and Activities Committee, and ad hoc committees as necessary. Discussion followed regarding the Executive Committee's recommendation regarding this committee structure. Director West moved, seconded by Director Donahue, to approve the Executive Committee's recommendation regarding CTC committee . structure. Motion carried. Agenda Item IV.1 - New building update The Executive Director gave an update regarding the progress of the new CTC center. He explained that the Executive Committees of both the Commission and the CTC had suet and had given staff the authority to approve change orders for the new facility. A list of change orders and their approximate coat& was provided ' r and discussion was held regarding these change orders. The Ex- ecutive Director said -that the total project cost was ap- proximately $1,640 under budget. Agenda Item IV.2 - Report regarding negotiation with company for ICN equipment The Executive Director spoke to the Board regarding the ongoing negotiations between the Commission and the Company regarding ICN equipment. He said that staff had met with company repre- sentatives at which time the company gave a counter -proposal which was refected and another proposal is expected from the company. He said that as of now there is no agreement and it is hoped that this issue can be resolved short of going to court. Frank Anderl, Interfaith 26 representative for St. Alphonaus Church, was in attendance at the meeting and he asked if the ICN hook up could be completed for that church. Mr. Anderl explained that the reason St. Alphonaus would like to be connected to the ICN is that they have submitted a proposal to Interfaith 26 requesting that St. Alphonaus be the originating point for all Interfaith 26 programming on a full time basis. No answer could be given at this time. Agenda Item IV.3 - 1985 expenditure report The 1985 expenditure report was provided to the Board members, and it indicated that the CTC was approximately 5120,000 under budget. Agenda Item IV.4 - 1986 Public Relations Activities and Events . The Executive Director explained that the Public Relations com- mittee met and reviewed the information provided by staff regard- ing major events to be covered by the CTC this.year and also workshops that will be provided. Some of the events to be covered will be the same as those covered in previous years such as parades, etc. but a number of new events and projects will be included. At this time President Cilke announced that if any Directors have a preference as to which committee they wish to serve on, they should contact the Executive Director with their request. The Executive Director said that the rules had been rewritten and are ready for reviewal by committee, and it is hoped that this can be done before the March Burd meeting. Agenda Item IV.S - Committee Reports The Rules 6 Procedures Committee and the Budget Committee had not met in the past month. The Personnel 6 Equipment had met to review the equipment -and furniture budget for the new building. The Executive Director explained that there is a 523,000 budget for furniture and the low bid was 017,000. He said the equipment list is going out for bids. Director Gorse, Chairman of the Public Relations Committee, said that the committee had met and discuased the public relations schedule and budget for the coming year. Agenda Item IV.6 - Cooperative Reports 1 k/ L, Director Cilke, Religious representative,.reported that I-26 had not met in January but a meeting is scheduled for February 26. Director Leto, Educational representative, reported that time has been spent negotiating regarding the ICN equipment and no full coop meeting had been held but one is planned in the near future. Director Marshall, Women's representative, reported that the women's coop had met in Jan. and discussed plans for another workshop tentatively set for some time in April with the Maple Grove studio manager as guest speaker on set design. She said that the group had formalized ways in which the CTC can provide added support for the women's coop and that list will be sub- mitted to the Executive Director. She said that women's groups in the community had been contacted, and the women's coop has of- fered to tape their group events in an effort to interest them in taping and in joining the women's coop. Director Marshall said that the women's coop continues to do tapings to provide programs for their channel. Agenda Item IV.7 - Staff Reports Mike Johnson informed the Board members that from now on statis- tics will be mailed out in the agenda packets for the month preceding the last meeting. For example, in the March mailing January statistics will be included. He explained that time is too short from the end of the month till the wailing day to com- pile complete statistics for the month dust ended. Johnson reported that workshops scheduled by CTC staff are filling up and that the "Introduce a Friend" contest begins February 15 and con- tinues through May 16. He said that final plans are being made regarding variety shows to be included in various city celebra- tions anis that dance schools have been contacted or ,have con- tacted us to cover dance recitals that take place in late spring. At this time a question was raised whether the CTC has any idea how much viewership community television has, and discussion fol- lowed regarding this. At this time there is no way of knowing, and it was suggested that possibly a stuffer questionnaire busi- ness reply card could be included in the company's statements. The Executive Director said that he would talk to the company regarding this. Dave Kiser reported on Production Department projects, and as his report a video tape was played which showed a project done by the production department on snow removal in the northwest suburbs so that the Board -members could actually see what is being done by the staff. Agenda Item III.2 - Committee Structure President Cilke said that one appointment had been overlooked regarding ad hoc committees. He said it was recommended that Carolyn Marshall be appointed to chair the ad hoc committees. It was moved and seconded that this recommendation be approved. Motion carried. 3 - w At this time Frank Anderl thanked Mike Johnson 4&nd Dave Kiser for all their help in getting the World Wide Mission Teleconference on Interfaith 26 December 27 through December 31. There being no further business, Director Donahue moved, seconded by Director Marshall to adjourn. The meeting was adjourned at 8:30 AM. • � 4 At, TDUBON CTHAPTE11" Oh NTIN EAPOI.1'�, d P.O. LOA 566 MINNEAPOLIS, MINNESOTA 55440 (Formerly Minneapolis Bird Club) February 28, 1986 Mayor Schneider Councilmembers Crain, Sisk, Zitur, and Vasilou City of Plymouth 3400 Plymouth Boulevard RE: Ivy Park Two - Comments on Preliminary Plat and Grading Permit Dear Sirs and Madam: As you may recall, I am a member of the Conservation Committee of the Audubon Chapter of Minneapolis. In this capacity, 1 recently submitted written comments on the scoping EAW for the project described above. These comments are set forth in my January 14, 1986 letter to Blair Tremere. In this letter, I noted several incomplete and/or inconsistent items in the EAW. Recently, I received a copy of the negative declaration for the Ivy Park Two project (City of Plymouth Resolution No. 86-95). Upon reviewing this Resolution, I was pleased to see that the City Council incorporated several of the suggestions submitted by others and me as conditions to further project development. Upon a closer reading of the Resolution, however, I discovered a number of ambiguities in the wording of these conditions. As an attorney, I have had considerable experience with the problems that ambiguous language can create. Therefore, this letter will serve as my written comment upon the proposed preliminary plat and grading permit. It is my hope that the City will address and clarify the issues discussed below before allowing any physical work upon the property. Condition 3. Condition 3 does not clearly specify the Representing National Audubon Society in Minneapolis T — 60� February 28, 1986 Page Two location of the 40 foot protective easement. Based upon the discussion at the February 10 hearing, it is my understanding that the 40 foot protective easement will cover all lands adjoining the wetlands; specifically including all land abutting the crescent-shaped pond. For ease of reference, I have enclosed a photocopy of the proposed plat, which sets forth my conception of this easement. Second, as I mentioned in my January 14 letter, it is absolutely essential that the City review the developer's proposed declaration of covenants before approving either the plat or the grading permit. The declaration of covenants will serve as the primary vehicle for binding future homeowners in the development. If the developer's proposed declaration does not provide adequate protection, the City should prohibit any physical development until a proper declaration is presented. In addition, I trust that the proposed declaration will be available for public inspection prior to approval of the plat. Third, in a similar vein, it is my understanding that the developer's declaration will give a public body the right to enforce its terms. If the City is not willing to accept this responsibility, perhaps the DNR would be an appropriate enforcement body. Condition 5. This condition calls for a protective easement to protect all lands lying below the DNR's high water mark. Again, the developer's proposed declaration must be reviewed to ensure that it affords sufficient protection to these lands. In addition, the language in this Condition should be amended to provide that if the DNR should change the ordinary high water mark, the area covered by the easement will change accordingly. Condition 6. As I understand it, Outlot A on the preliminary plat wi 1 remain in its current; i.e., predevelopment state. Condition 6 contains the restriction guaranteeing this protection. As written, however, Condition 6 could conceivably be interpreted as giving the developer the option of grading or otherwise developing the lot. If this was to occur, this altered state would become the new "natural state." Certainly this is not the result intended by the City. Accordingly, the grading permit, if granted, should prohibit all grading or other physical work on Outlot A. Condition 7. Based upon recent conversations with several residents of the city of Plymouth, I have learned that the DNR �, CL February 28, 1986 Page Three plans to search for endangered plant species on the property in mid-to-late June. I have attached to this letter a letter from Keith Wendt at the DNR, which indicates that it would be impossible to conduct an accurate search until this time. If the DNR search indicates that there are endangered species on the land, appropriate measures must be taken to protect these species. Second, this Condition should be amended to make it clear that no physical development (except for the staking of lots and related survey work) may occur until the DNR has made its final determination on this matter. Condition 8. This Condition governs preservation of the crescent-shaped pond. As I understand it, the City intends to preserve the pond in its present state and configuration. The language used in Condition 8 ("same open water characteristics"), however, is open to several interpretations. It should be obvious that preservation of the crescent-shaped pond is a high-priority item for both the Audubon Society and the affected homeowners. Therefore, the City should amend this Condition to make it clear that the pond will not be subjected to any change whatsoever. Incidentally, if the pond is to be preserved in its present state, Lot 9 in the developer's preliminary plat will not be buildable. In order to make it clear that the pond is to be preserved, I suggest that this Lot 9 be removed from the preliminary plat. Surely the loss of one lot can not be too great a burden on the developer. Condition 9. It appears that the City has not yet rejected the concept of a temporary haul road across the low-lying areas. I strongly urge that no road be approved until the developer demonstrates that such a road is necessary. It appears that if Lot 9 is eliminated, the developer will be able to obtain a sufficient amount of fill for the remaining lots on the east end of the project from the high ground lying on the east end. If the developer nevertheless feels that a haul road is necessary, he should be required to set forth in writing the cubic feet of fill required for the easterly lots, and the cubic feet of fill available from the east end. If there is only a slight difference, perhaps the extra fill can be transported on existing roads. General. The Resolution nowhere sets forth any penalty for February 28, 1986 Page Four the developer for failing to meet the established conditions. I trust that the City will be requiring a substantial bond prior to the inception of any development. Finally, in several places in this letter I have asked that the language in the Resolution be amended. This could be accomplished in two ways. First, the City could pass a new Resolution, amending Resolution No. 86-95. Alternatively, if the City chooses to grant the permit request, the City could incorporate the revisions as conditions to the grading permit. If you should have any questions, please call me at (612) 337-1633. Cordially, ohn T. Cross JTC/cm Enclosure cc: Dane Carroll Blair Tremere co Iit iI - 11' :�� I� IA i � i' I a -!-' ,�.•ii it il� I�i i 'o�r/ /� z�. ' - 1 4 30 / _/ L p 91 r �� r I . . i � i �.�— \ : J'� ► �Q �, iii 1.f #.. n H 'jr : f I ;``'�� 1 �' I t \�\\ Iii •i �is 11. — � � II--------� r•—T---, I I ! 0' V/ Y,I �_j'� s ,r •%1i � �f, • r - + ......eo W dw ►. e 6 t — —r— --1-1- \.i ,! •+ t >I,� � I f!sif'.�S3cic";�iliS;:i:i:: nQ L------� F11 j r I '\ It it IS Ir Ito I fill fill .% fi I CY Wo i ET ....... i i — ! es �: / /,. i �„1 fi Fi?!, Exhibit S STATE OF RE SOL; PCE -S OF NATURAL L: DX ROAD • ST. PAUL, A' IN-JSOTA • `,'S1G6 February 20, 1956 lanniP i;re�:i�a 4825 Trent on Lane Plyir,:-uth, 141nn :sota 55442 D::=ar his. Brenna: s in to your rctiucst, i he ear i test f i c,i er i ng 6d ll e, for F!_ �' .:^:'r` r_� .f_)?YA (Tu''ercied rei.,-orchid) is rid -late ,lune. With diificui;y, C_i _�' w' nII III (Hill's t ;istle) maybe idaraified in its v��eiative stage in eur iy June, its Fcriod begins in late !u^e. Sincerely, rz�r:t FcoloGist I lural 17er i-iage Fro6.ram KW: rcm February 28, 1986 Vern Hartenburg, Superintendent Suburban Hennepin Regional Park District PO Box 41320 12615 County Road 9 Plymouth, MN 55441 Dear Vern: im ciry of PLYMOUTFF On Monday evening, February 24, the Plymouth City Council passed a resolution authorizing the acquisition of the property at 3005 East Medicine Lake Boule- vard. The acquisition of this property was contingent upon the following conditions: 1. The cost of the acquisition shall be $25,000 plus one-half the taxes due and payable in the year 1986 (estimated at $165.56). 2. The Suburban Hennepin Regional Park District agrees to reimburse the City of Plymouth for all costs incurred on this project including the interest no later than five years from the date of closing by the City. 3. The Park District agrees to demolish and remove the house at 3005 East Medicine Lake Boulevard within 12 months of the date of acquisition of the property by the City of Plymouth. The City of Plymouth, for many years, has been committed to the acquisition and development of a trail on the east side of Medicine Lake. The acquisition of this property is a major step toward realizing that goal of a regional trail. It is for this reason that the City of Plymouth is willing to invest now to enjoy the benefits in the future. I received a call today from Mrs. Medley who indicated that her father-in-law is now anxious to proceed as quickly as possible with this transaction. I would, therefore, request that you schedule this item for board action at your earliest convenience so that we may notify the Medley's of the District's position with this matter. If you would notify me of the date that this is scheduled for Board action, I would like to testify as to the necessity and benefits associated with this project from the City's point of view. If you have any questions with regard to this matter, please do not hesitate to give me a call. Thank you for your prompt attention to this matter. Sincerely, Eric J. Blank, Director Park and Recreation Dept. /np cc: David Latvaaho, Chairman of the Board Bob Wicklund, Hennepin Parks Central Division Manager Mayor and City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 :�_7- Lc, March 3, 1986 CITY C� PUMOUTR Joan Anderson Crowe Secretary of State State of Minnesota 180 State Office Building St. Paul, MN 55155 Dear Ms. Crowe: SUBJECT: Federal Polling Place Accessibility Law The City Council of the City of Plymouth concurs with the objectives of the Federal Polling Place Accessibility Law. However, the requirements of the law, including the annual on site survey of polling places, are onerous in light of current Federal and State actions. Requiring local governments to complete individual surveys of their polling places poses a substantial additional responsibility on local governments, a responsibility which costs money in time and employees. In Plymouth this amounts to 14 individual site inspect ions, each of which consists of some 27 separate questions. We have only one individual on our staff responsible for the conduct of elections. This person is also responsible for numerous other ongoing activities. Considering that only one person is available to administer elections and considering City financial shortfalls resulting from reductd Federal and State aids to Plymouth, we are unable to perform the inspections and associated recordkeeping provided for under the Federal Polling Place Accessibility Law. By this letter I am confirming that Plymouth is in compliance with Minnesota's accessibility requirements for the handicapped and elderly. I can assure you that we will continue to make every effort to select polling places that comply with federal and state accessibility requirements. This letter is being submitted in lieu of the surveys you have requested. Any comments or questions should be directed to our City Clerk, Ms. Laurie Houk. Yours very truly, Z� /Ia Virgil Schneider Mayor cc: City Councilmembers Laurie Houk 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 JOAN ANDERSON GROWE Secretary o/ State ELAINE VOSS Deputy Secretary o/ State Virgil Schneider, Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mr. Schneider, � 7L.Ilec.- Lill OFFICE OF THE SECRETARY OF STATIr ._, , Paul 55155 F . ' 11�4 STATE OFFICE BUILDING ���•• Corporation Division: 61 2 296 2803 UCC Division: 612296 2034 March 5 , 1986 Office Electron Division 612,296-2805 of the Secretary: 612.2963266 Office of Deputy Secy.: 6121296.2309 Thank you for your letter regarding the federal polling place accessibility law. We certainly appreciate your comments about the difficulty of accomplishing the requirements of this law when no funds or staff were provided. We have exactly the same problem on a considerably larger scale. The Office of the Secretary of State has only two individuals to accomplish all state election activities, and these people are also responsible for other ongoing activities. We are struggling with the responsibilities that the act imposed upon us: to develop and print the guidelines, to mail them out to 2,700 different election jurisdictions, to get in responses and compile data for more than 4,000 precincts. The postage costs alone will cause us to eliminate an election publication that we would otherwise prepare. In most states, counties have responsibility for polling places so the number of reporting jurisdictions that other state election officials have to deal with will be minimal compared to the number in Minnesota. Because of this large number, we have determined that follow-up letters and requests for additional information are not possible. Our report to the federal government can not possibly include variations and explanations for more than 4,000 precincts; it will have to be limited to two categories only: 1) precincts which have been surveyed and reported to be accessible and 2) precincts not surveyed, inac- cessible, or not reporting. We wish we could accept your letter as sufficient but the federal law requires us to determine that all polling place have been surveyed. The State Council for the Handicapped, 208 Metro Square Bldg., St. Paul, MN 55101; (612)296-1744; may be able to suggest volunteers or other strategies to help accomplish the surveys. We believe that Plymouth and most other Minnesota election jurisdic- tions are concerned about the needs of all voters and the accessibility require- ments of state law. We hope that somehow we can all struggle together and supply evidence of this to the federal government. cereI , G ace aukoos D*rector - Elections cc: Laurie Houk Sue Lasoff, Council for the Handicapped CPT8.028 "AN EQUAL OPPORTUNITY EMPLOYER" _4UP0. C55) 23 February, 1986 To: Supervisor of Police Officers Plymouth Police Department 3400 Plymouth Blvd Plymouth, SIN 55441 From: fill Van Oss 612 NE Adams St Apls, MIN 55413 Dear Cf-ficer/Supervisor, Last week I needed some clarification on the laws regarding what constitutes a legal bumper because I received a fix -it ticket -from your police department. My first call put me through to the T)epartment's dispatcher. The man was polite but, did not knee, the answer to my question. He asked around the office. Nobody else knew either. He gave me the number which would put me throl_.gh to a police officer. I then spoke to Officer/Supervisor Ward. He helped to answer my questions, he told me when he would be working last week so I could see him directly to clear my ticket, since he knew of my situation. As it turns out, I could not stop by during his scheduled hours, but because of his sound advice had not any problems from the Officer who checked my car. I thank Officer Ward and the friendl-~ dispatcher who both project a professional yet caring attitude. You are fortunate to have them in your service. I hope you will forward this thanks to Cflicer Ward. I do appreciate his concern and honesty. Sincerely Jill Van Oss