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HomeMy WebLinkAboutCouncil Information Memorandum 05-30-1986CITY COUNCIL INFORMATIONAL MEMORANDUM May 30, 1986 UPCOMING MEETINGS AND EVENTS..... 1. COUNCIL/STAFF DINNER MEETING -- Monday, June 2, 6:00 p.m. The Council wil.l meet in executive session with the City Attorney in the City Council conference room to review matters under litigation. 2. BOARD OF REVIEW -- Monday, June 2, 7:30 p.m. The Council will reconvene as the Board of Review in the Council Chambers. 3. REGULAR COUNCIL MEETING -- Monday, June 2, Council Chambers. The Regular City Councir meeting will follow the Board of Review. 4. MEETING WITH JUDY BOUDREAU OF THE D.N.R. -- Monday, June 9, 6:30 p.m., the Council has scheduled a meeting with Judy Boudreau of the Department of Natural Resources. This meeting will be to provide the Council and Ms. Boudreau an opportunity to discuss matters of mutual concern, particularly, as they regard to wetlands. A copy of the letter inviting Ms. Boudreau to the meeting is attached for your information. (M-4) 5. INVITATION TO VISIT TRAMMELL CROW DEVELOPMENTS -- Stuart Stender of Trammell 7Fow has offerea to host a tour of two of their office park developments; one in Minnetonka, and the other in Bloomington. He has suggested that they plan to meet here at the City Center with a mini -bus and drive the Council and staff members interested first to their Minnetonka Corporate Center, and then to the Normandale Lake Office Party: in Bloomington. He estimates the total tour will take approximately two hours and they would provide a box lunch. He has suggested three dates for Council consideration: Thursday, June 12, Monday, June 16, or Tuesday, June 17. Monday evening Laurie will ask each of you if you are interested in attending this tour and, if so, which date would be most convenient. FOR YOUR INFORMATION.... 1. CARLSON CENTER/TRAMMELL CROW -- I met Wednesday afternoon with Kurt Woodhouse andStewarterten er of Trammell Crow and Dale Kennedy of Carlson Properties. Kurt Woodhouse noted the desire of Trammell Crow to complete the legal details of their agreement with Carlson by the end of 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 CITY COUNCIL May 30, 1986 Page two INFORMATIONAL MEMORANDUM July. We know that they have already begun planning for some substan- tial construction to commence this summer in Plymouth. He further indi- cated that the Master Plan for the development as previously approved by the City will serve as their blueprint for future development. He did note, however, that they would be giving the plan a fresh look and might suggest some revisions which would not adversely impact the integrity of the overall plan. 2. WOLFE VERSUS CITY OF PLYMOUTH -- Two years ago, a former volunteer Fire Fighter, Neil Wolfe Instituted litigation with respect to his termination from the Fire Department. Defendants in the action, besides the City corporately, were Richard Carlquist and myself. I have Just received from the City Attorney notice that this action has been resolved. The attorneys representing the City and the Plaintiff have entered into a stipulated agreement by the terms of which all claims against the Defendants are dismissed with prejudice. A copy of the stipulation and the release are attached for your information. In consideration for this matter being dismissed prior to trial, the City, through it's insurance carrier, agreed to pay Mr. Wolfe the sum of $2,750.00. (I-2) 3. SUBURBAN CABLE VISION CONSTRUCTION PROGRAM FOR PLYMOUTH -- Thursday morning, the Northwest Suburbs Cable Communications Commission met and reviewed the 1986 construction plans for Suburban Cable Vision. I previously provided the Council with information we received from John Eddy, Executive Vice President, Suburban Cable Vision, dealing with planned developments in Plymouth. The company is obligated to plan and install cable service in those areas where there are a minimum of thirty-five homes per cable mile. For 1986, there are ten projects which meet this threshold. These projects are as follows: Heritage West, DeVries Second and Third Additions, Deerwood Estates Plats Two, Three and Four, Mission Hills Park, Fox Glen Third Addition, Amhurst First through Ninth Addition and Woodlands, Kingswood Farms, Creekwood Hills Second and Third Additions, Bass Lake Heights, and the Robert Middlemist Sixth Addition. The construction is already completed on the Kingswood Farm cable installation. 4. ITEMS FROM THE MINNEAPOLIS/ST: PAUL CITY BUSINESS AND MINNESOTA REAL ESTATE JOURNAL -- The following articles have 6een extracted from the pu cations above for your reading. The first, appearing in City Business, deals with Trammell Crow and their development history an'c. track record here in the Twin Cities. Since they will be working with Carlson Companies, I thought you might be interested in this background Information. The following articles appeared in the Minnesota Real Estate-3ournal. The first, by Richard Braun, Commissioner of Transportation, noting that the cost of building highway improvements will require additional public private partnerships. The use of Tax Increment Financing for such construction here in Plymouth is an example of the type of financing which will be looked to, I believe, to help bridge the gap in funding CITY COUNCIL INFORMATIONAL MEMORANDUM May 30, 1986 Page three such improvements. Second, an article by Sohn Gabrielson, noting that land available for industrial expansion is diminishing. The potential sale of Carlson Properties land to Trammell Crow, including vacant industrial land within MIP, bears witness to this fact. We have very few large parcels of undeveloped industrial land left in Plymouth now which are currently served with utilities. Finally, a brief article by myself on the City's development strategy including a discussion of the Plymouth Development Council which I was requested to prepare for the paper. (I-4) 5. MODIFICATION OF POND ELEVATION AD3ACENT TO IVY PARK -ADDITION -- Attached is a copy of an order received from the Department of Natural Resources ordering the City to revise the elevation of the wetland adjacent to Schmidt Lake Road. The current outlook control is established at 912.0 pursuant to a previously authorized permit. As part of the D.N.R.'s review of the Ivy Park plat, they have determined that the ordinary high water level for this wetland is 913.1. They have accordingly directed that the City establish a minimum run -out elevation at 913.0. Fred Moore, in his letter of May 28, has indicated that the City will comply with this order providing, however, the D.N.R. understands that it is "responsible and liable for any damages which may occur in raising the water level as ordered by the Commissioner". From our perspective, we need some assurance that by revising the run -out elevation of this pond by nine inches (912.25 to 913.0), that we do not find ourselves in litigation by some adjacent property owner alleging we are "taking" land without due process. (I-5) 6. NORTHERN STATES POWER- REQUEST FOR VARIANCE -REGARDING -UNDERGROUND -- Last week, the Council deferreda request on the part of Nort ern States Power Company that they be relieved of the obligation of constructing a underground power line as they relocate an existing overhead line through the Carlson Center Sixth Addition. City Attorney, dim Thompson, has been in touch with Mr. Larry Benson of N.S.P. regarding this matter, however, has not yet received correspondence from Mr. Benson which further sets forth relevant information with regard to their request. Accordingly, this item will not be back before the City Council on June 2, but will be scheduled for the next Council agenda following receipt of the information from Mr. Benson. 7. POLICE - OFFICER- ARBITRATION -- On Tuesday, May 20, Dick Carlquist, Frank oy es and De—n-71= Brien met with Arbitrator Vogelberg, and Roland Miles and noel Franz, representing the police officers to complete the arbitration proceedings with respect to 1986 wages and conditions of employment. Since some sixteen issues have been certified at impasse, it was expected that two days would be required for presentation of positions. By 6:15 p.m. on May 20, all arguments had been heard and receipt of briefs is scheduled for June 4. CITY COUNCIL INFORMATIONAL MEMORANDUM May 30, 1986 Page Four S. ZACHARY PLAYFIELD FITNESS COURT -- The Plymouth Rotary Club, as a community service project, wilTbe installing the new fitness court at the Zachary playfield this Saturday commencing at 9:00. The Council may recall that we previously received a proposal from the Wells Fargo Bank to assist in the acquisition of this equipment. The Rotary Club is also assisting financially by contributing $3,000 over two years towards this community project. 9. MINUTES: -- The following minutes are attached: a. Planning Commission, May 21, 1986 (I -9a) b. Board of Zoning Adjustments and Appeals, May 13, 1986 (I -9b) c. Municipal Legislative Commission Operating Committee meeting, May 22, 1986 (I -9c) d. Suburban Rate Authority, April 16, 1986 (I -9d) e. District 281 Community Education and Services Compliance Meeting, May 8, 1986 (I -9e) f. Northwest Suburbs Cable Communications Commission, February 20, 1986 (I -9f) 10. RADAR SURVEILLANCE - COUNTY ROAD 15 -- During the week of May 19, the Police Department conducted five stationary radar assignments on County Road 15 between Vicksburg Lane and Carlson Parkway. A copy of the results from this traffic surveillance is attached for the Council's information. (I-10) 11. INITIAL DEVELOPMENT ANNOUNCEMENT SIGNS -- Three City development announcements sign were Installed today at the following locations: 1. The southwest corner of Harbor Lane and Fernbrook Lane. 2. The northeast corner of Campus Drive and Northwest Blvd. 3. 510 Berkshire Lane. A memorandum from Blair Tremere concerning the erection of the signs is attached. (I-11) 12. COUNCIL INQUIRIES: a. Pending Inquiries -- City staff is in the process of investigating the attached inquiries received from Councilmembers Vasiliou and Zitur. As staff responds to each, copies will be provided to the Council. (I -12a) CITY COUNCIL INFORMATIONAL MEMORANDUM May 30, 1986 Page Five b. Wood Pile at 3130 Urbandale -- In response to a Community Improvement Reminder Card received from Maria Vasiliou, Blair Tremere met with the residents of 3130 Urbandale to discuss the large accumulation of wood and lumber on the property. The attached memo from Blair provides information on this meeting. (I -12b) 13. PLYMOUTH EMPLOYEES -- I have received the following correspondence on City employees:' a. Letter from Eldon Christianson recognizing Police Officer Larry Holzerland for assistance provided at the scene of an auto accident involving Mr. Christianson on May 14. (I -13a) b. Memorandum from Bob Zitur commending Investigator Luke Way, other Public Safety employees, and City Attorney Jim Stromen. (I -13b) 14. CORRESPONDENCE: a. Letter to City Councilmembers from Marsha Beard, 2315 Walnut Grove Lane, commenting on the Council's action of May 5 with respect to the playground apparatus at the Green Oaks Park. (I -14a) b. Letter from Doris Runa, Program Director, West Suburban Mediation Center, providing background information on services offered by the Center. (I -14b) c. Note of appreciation from Mrs. Myrtle Eckes on the Community Award presentation awarded to her late husband, Mark Eckes. (I -14c) d. Letter to JOEllen Hurr, Zoning Administrator., City of Medina, from Fred Moore, advising of conditions to Plymouth's approval for the proposed expansion of Holy Name Church and additional connection to the City's sewer and water system. (I -14d) e. Letter and $50 contribution from Plymouth Women of Today toward the purchase of two trees for the Parkers Lake City Park. (I -14e) f. Correspondence to Jelle de Boef, President, Imperial Hills Homeowners Association, and Herb Klossner, Hennepin County Department of Transportation, concerning road improvements on County Road 6. (I -14f) g. Letter from Joe Ryan, Building Official, to Evans Financial Corporation, property owner of 5005 Forestview Lane, conveying complaints received on the condition of the property. (I -14g) James G. Willis City Manager .r^ CITY OF May 28, 1986 PLYMOUTR Ms. Judy Boudreau Regional VI Waters Office 1200 Warner Rd. St. Paul, MN 55106 Dear Judy: This is to confirm the meeting with the Plymouth City Council at 6:30 P.M. on Monday, June 9, 1986, in the City Center Council Chamber Conference Room. The purpose of the meeting is to allow the Council and you an opportunity to informally discuss several matters involving the relationship among developers, the City, and your agency. Recent developments in the City have raised concerns involving the environment and the protection of natural resources; during the course of the review of these developments, there have been alleged instances where citizens were provided information by the Department of Natural Resources (DNR) which was in conflict with "official" DNR information or position conveyed to the City. The meeting should take no more than one hour since the City Council has another session at 7:30 P.M.= Thank you very much for agreeing to attend this session. I believe it will be productive for you as well as for the City Council. Sinc ely, Blair Tremere, Director Community Development BT/gw cc: City Manager James G. Willis File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 STATE OF MINNESOTA COUNTY OF HENNEPIN Neil W. Wolfe, Plaintiff, VS. City of Plymouth, Richard Carlquist, and James G. Willis, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT File No. 84-3950 STIPULATION OF DISMISSAL WITH PREJUDICE The parties, through their respective counsel, hereby stipulate and agree that the above matter may be dismissed with prejudice without costs awarded to either party. KOENIG, ROBIN, JOHNSON S WOOD May, 1986 By L i John W. Wpod, Jr. (#11-8 58) 730 Eas�ake Street Wayzata, Minnesota 55391 Telephone: (612) 475-1515 ATTORNEYS FOR PLAINTIFF NEIL W. WOLFE. LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Mayes Z , 1986 B 4eiaAls:�,Jt.�Thom-son, r. #14 00) \20 0 Bank Pla e W St neapolis, Minnesota 55402 Telephone: (612) 333-0543 ATTORNEYS FOR DEFENDANTS, CITY OF PLYMOUTH, JAMES WILLIS AND RICHARD CARLQUIST RELEASE OF ALL CLAIMS The undersigned, for good and valuable consideration furnished by the released parties, fcr himself, his heirs, cxecu'tcrE, acr,iristratcr: , EC:CCESECr; and FssiSrs releascF, accuit_ and forever discharges the City of Plymcuth, James Willis and Richard Carlquist, their agents, servants, successors, heirs, executors, administrators and all ether persons, firn< corporation£, asscciitions Cr partIErships cf z.rd from arv- and all claims, actions, causes of action, demands, rights, damages, costs, loss of income, expenses, attorney's fees, and compensation of whatever raturF v hick the uneersioned new has or which may later accrue on account of or in any way growing out Cf all known and unknown, foreseen and unforeseen, damage and consequences thereof resulting or to result from his termination from the Plymouth Volunteer Fire Department on or about February 29, 1984. The above referenced released parties are released from any and all claims relating to that termination, all fully set forth in an action commenced in the State of Minnesota, District Court, County of Hennepin, Fourth Judicial District, File No. 84-3958 entitled Neil W. Wolfe v. City of Plymcuth, Pich&ru Carlquist and James G. Willis. It is understood and agreed that this settlement is the comprcmisE of a doubtful and disputed claim, and that the peyment mr-de is nct tc be construed aE an admission of liability on the part of the released party or parties and that the releasees deny any liability and intend merely to avoid litigation. The undersigned further declares and represents that no promise, inducement or agreement not expressed in this release has been made to the undersigned, and that this Release contains the entire agreement between the parties, and that the terms of this Release are contractual and not a mere recital. The undersigned having read the foregoing Release and fully understands it, executes this 22- day of May, 1986. IN THE PRESENCE OF: Neil W. Wolfe TCC has plenty to crow about Local office of Dallas developer has made its mark quickly B, Eric Wieffering INCE THE opening of the Txyin Cities office of Dallas -based Trammell Croy Co. (TCC) in 1970, Kirt Woodhouse and TCC have proceeded at an "untrammelled" pace. They have put in place more than 2 mil- lion square feet of warehouse and office space and have begun. or are about to begin. con- struction on another 1 million square feet this year. Each of TCC's buildings reflects a commit- ment to design and appearance. Few. if any, look alike. The most lavish is 8100 Nor- mandale Tower. In fact, it may be the most elegantly furnished office building in the T« -in Cities. t-pon entering it, visitors are greeted by a soaring atrium Nvith a clear vier through the building to Normandale Lake. Verdant plantings, a baby grand piano, expensive sculptures and paintings, and a soon -to -be - completed bar and restaurant can all be found in the lobby. The price for such amenities is high: S16 per square foot, and that figure does not in- clude a tenant's share of expenses for com- mon space, utilities, maintenance and propert\ management — another 86 or S7 per square foot. That means renters are paying down- town rates for a suburban location. let tenants have flocked to this building. What is even more notable is that 5.100 Nor- mandale Toyer, as with TCC's 25 other Twin Cities buildings, was built on speculation. In typical TCC fashion, the shovels were in the ground before any leases had been signed. Trammell Croy, the founder of the company. turned the real estate industry on its ear when he began building speculative warehouses in Dallas in the 1950s. He later applied that ap- proach to office buildings, and things haven't (please tarn to page 18) 0 (cautiuucr! hmn page 1)' been the same in the re development game since. And who can argue with success. The 326.000 -square -foot 8300 Tower, completed in 1984, is 95 percent leased. The 450,000 - square -foot 8400 Tower, which opened in De- cember, is 60 percent leased. In May, con- struction will begin on the 8500 Tower, which will feature 500,000 square feet of leasable, speculative office space: Construction will also begin this summer on 300,000 square feet of speculative space at Turners Cross- roads in Golden Valley. All that activity comes amid extremely high vacancies in suburban office buildings. Woodhouse, managing partner of the Twin Cities office, and TCC have a theory about speculative office space. In short, it is that the developer makes more money by building on speculation. "You get beat up three ways when you build with a lead tenant already signed:' says Wood- house. "First is economics. The tenant feels he's bargaining from a point of strength and therefore demands lower rates and higher in- centives. Second, that lead tenant usually wants its name on the building, which makes it hard to get other tenants. Third, the lead tenant usually takes the best space, leaving the developer stuck with leasing the rest:' But with the amount of new space coming on line and suburban vacancy rates pushing 25 percent, shouldn't Woodhouse be worried? Maybe, but he's not. "We have an overbuilt market, no doubt about that:' he admits. "But you can't look at one [vacancy) rate for the entire market. You've got to look at it under a microscope:' When he does, Woodhouse sees a number of buildings with high vacancy rates because of their age, location or design. He estimates that those buildings contribute between 5 per- cent and 10 percent of the suburban vacancy tate, and calls them "structurally unleasable:' likening them to the so-called structurally un- employed. Besides Woodhouse says other buildings business TCC has. plenty to crow about provide only one indicator of market demand. Project partners, the next step up the pyra- He says the most important indicator is his mid, share an equity position in buildings they own buildings. If, in a soft market, he's hay- lease or develop. ing little trouble leasing, that means more Managing partners, such as Woodhouse, than current trends in vacancy rates. And make all development decisions for their of- Woodhouse's own vacancy rates tell him that fice. They have substantial equity — as much there's more room for the kind of space TCC as 25 percent to 30 percent — in every build - builds. ing in their market and frequently take equity "We're a market-driven company, not a positions in the projects other managing part - cash -driven one. Before I even think of a building, I'll ask my marketing people. And ners build. Dallas, as the head office is referred to, also those people tell me there's a market for the takes an equity position in every project, al - 8500 Tower:" most always less than 50 percent. Dallas will TCC was willing to foot the bill and give him a job when he was finished. Woodhouse stayed. He moved around often, from Dallas to Oklahoma City to Austin to New Jersey — more often than anyone else in the company's history says Woodhouse. Because he was sin- gle, Woodhouse was dispatched to put out fires in different markets as the real estate crash took its toll. He must have done his job well because within three years he was made a project partner in northern New Jersey. In 1978, Woodhouse, who was raised in Eden Prairie, proposed opening a Twin Cities office. TCC fosters a risk -reward culture. It encourages, indeed expects, its project part- ners and managing partners to take risks. So Woodhouse's proposal fit that mold. But when companies talk about their risk - reward culture, they often don't mention the other side of the coin, which is that failure yields punishment. TCC is not above dismiss- ing partners who company officers feel have not been aggressive enough or whose propo- sals have failed, and Woodhouse knew that if he did't succeed he wouldn't get much sympathy. "I said, 'I think I can make a go of it; " Woodhouse recalls. "They said, 'Fine, go ahead: but made it quite clear that there was no second chance. If I failed, I was out. There's no revolving door in this company:' T WAS under those conditions that Woodhouse returned to Minneapolis in late 1978. In early 1979, he bought 12 acres in the Plymouth industrial park, built and leased two warehouses, then sold an equity position in eight of the acres for $1 million. That provided Woodhouse with seed capital and money to repay a $75,000 loan to the Chi- cago TCC office. (He says he has never bor- rowed money from the home office.) It is said that to succeed at TCC you must z�_A be a consummate deal-aholic. Woodhouse seems to qualify, constantly buying huge chunks of land in the hopes that one day they will pay- off handsomely. A perfect example is Minnetonka Corporate Center. Woodhouse bought the 110 -acre parcel in the midst of the recession in 1982, when land prices were luw. At the time it was a lonely piece of land near 1.494. Shortly after he bought it, plans were an- nounced to extend the Crosstown freeway to 494. a project that will be completed by the end of this year. Suddenly, his lonely piece of land looked a lot better. Woodhouse's business philosophy is to spread the risk, and he practices it by develop- ing in several areas at once and aggressively pursuing market share in each of those areas. Hence, Trammell Crow currently has office and warehouse developments going in Plym- outh, Golden Valley, Minnetonka, Blooming- ton, Burnsville, Eagan and downtown Minne- apolis, where it recently purchased the block occupied by the Normandy Hotel. While Woodhouse admits to having devel- oped aggressively, he maintains that TCC has been financially conservative, limiting its debt by apportioning equity in each of the projects to other managing partners and pension funds. A major investor in the 8300 and 8400 buildings, for example, has been Metropoli- tan Life Insurance Cos. ALTHOU6H WOODHOUSE and TCC have had the Midas touch in the Twin Cities, there is one project that mars their almost perfect track record: the oompam's failed effort to win development rights to the Metropolitan Stadium site in Bloomington. When Bloomington requested proposals for the site, TCC proposed a development consist- ing of 6 million square feet of office, festive retail, residential, hotel and conference/exhi- bition space, only to lose to Triple Five Corp.'s grandiose plan for a mega -mall. At the time, a consultant to Bloomington's port authority ranked TCC's proposal third in terms of re- turn on investment. An observer who knows Woodhouse says he fumed over the defeat, that he couldn't be- lieve the city would choose a relatively un- known developer over Trammell Crow to attempt a project of such unprecedented proportions. Woodhouse denies that account, although he confesses to having been disappointed at the time. He insists that the choice of Triple Five came as no real surprise. "If you could look at just the economics of each of the pro- posals, they [Bloomington Port Authority) had to take the Triple Five proposal. They were being asked to make a decision based on three promises, and Triple Five promised the most:' That's as critical of the selection process as Woodhouse will get, perhaps because he knows that the chances of Triple Five follow- ing through on its project are slim. He says TCC will bid again for the site if given the chance. One thing is clear: Woodhouse didn t spend much time grieving over the loss. Within six months the company announced the purchase of the Normandy block in downtown Minne. apolis, a move that took a number of industry watchers by surprise. Woodhouse will say only that development of the site will occur sometime in the future, when market conditions warrant. The site is ideal for a "true high-rise building:' he says, but then declines to elaborate. In the meantime, Woodhouse has enough other things to keep him busy: construction of 1 million square feet of speculative office space and a 250 -room hotel next-door to the 8300 Tower, and the continuing search for new opportunities. "This is very much a young man's game:" Woodhouse says. "You're trying to market the stuff you're building and you're trying to put together new deals all the time. But if someone asked me to dream up a better job, I couldn't do it. It's fun coming to work everyday:' 11 APPRECIATE and understand Wood- also sign construction loan guarantees and provides most of the accounting functions for T0 house's conviction, one must under- individual offices. It's also an invaluable mar - stand that he is in large part a product keting resource. of his corporate environment. Trammell Crow TCC is rich in tradition. The fact.that it has Co. is the largest real estate developer in the- been around 35 years, through numerous country, with more than $8 billion in assets boom and bust cycles, speaks to its durability. and 200 million square feet of commercial And it takes its corporate culture, as estab- property owned and managed. lished by its founder, very seriously. For one The company's spirit continues to come thing, there are no private offices. Leasing from its founder, for whom it is named, even agents, partners and managing partners share though he was forced to hand over control to a large, open space. The standard uniform is a board of partners when the real estate crash a dark suit, white shirt and silk print tie. of 1974.76 nearly resulted in TCC's collapse. Woodhouse, who was wearing a blue striped The 12 -member board is headed by J. McDon- shirt the day we interviewed him, joked that ald Williams. he was out of uniform. Today. TCC is both a large national develop- Woodhouse came to TCC almost by accident. ment firm and a collection of local real estate He heard of the company during his first se - companies. It has been described as a "con- mester of law school at Baylor university in federacy of partners" linked to the financial, Waco, Texas. He left law school and joined legal and marketing departments in Dallas. TCC, believing all along that he would go to There are roughly three divisions in the Harvard for his MBA in 18 months. TCC hierarchy: leasing agent, project partner "When they hired me, I didn't even know - and managing partner. Advancement from what a mortgage was:' he recalls. "But right one to the other is by no means guaranteed. from the start, I was impressed by the peo- The leasing agents are the foot soldiers. Ail plea' When Woodhouse signed his first tenant, new TCC hires — many are MBAs — spend Trammell Crow himself telephoned his con - at least three years as a leasing agent before gratulations. When Woodhouse had to decide moving up in the company. In their first year whether to leave for Harvard, Crow advised the agents earn a base salary of $18,000 plus him that he didn't need the degree, but told leasing commissions. his young charge that he if he wanted to go, PAGE 18 MINNEAPOLIS/ST. PAUL CITYBUSINESS MAY 28, 4986 TCC was willing to foot the bill and give him a job when he was finished. Woodhouse stayed. He moved around often, from Dallas to Oklahoma City to Austin to New Jersey — more often than anyone else in the company's history says Woodhouse. Because he was sin- gle, Woodhouse was dispatched to put out fires in different markets as the real estate crash took its toll. He must have done his job well because within three years he was made a project partner in northern New Jersey. In 1978, Woodhouse, who was raised in Eden Prairie, proposed opening a Twin Cities office. TCC fosters a risk -reward culture. It encourages, indeed expects, its project part- ners and managing partners to take risks. So Woodhouse's proposal fit that mold. But when companies talk about their risk - reward culture, they often don't mention the other side of the coin, which is that failure yields punishment. TCC is not above dismiss- ing partners who company officers feel have not been aggressive enough or whose propo- sals have failed, and Woodhouse knew that if he did't succeed he wouldn't get much sympathy. "I said, 'I think I can make a go of it; " Woodhouse recalls. "They said, 'Fine, go ahead: but made it quite clear that there was no second chance. If I failed, I was out. There's no revolving door in this company:' T WAS under those conditions that Woodhouse returned to Minneapolis in late 1978. In early 1979, he bought 12 acres in the Plymouth industrial park, built and leased two warehouses, then sold an equity position in eight of the acres for $1 million. That provided Woodhouse with seed capital and money to repay a $75,000 loan to the Chi- cago TCC office. (He says he has never bor- rowed money from the home office.) It is said that to succeed at TCC you must z�_A be a consummate deal-aholic. Woodhouse seems to qualify, constantly buying huge chunks of land in the hopes that one day they will pay- off handsomely. A perfect example is Minnetonka Corporate Center. Woodhouse bought the 110 -acre parcel in the midst of the recession in 1982, when land prices were luw. At the time it was a lonely piece of land near 1.494. Shortly after he bought it, plans were an- nounced to extend the Crosstown freeway to 494. a project that will be completed by the end of this year. Suddenly, his lonely piece of land looked a lot better. Woodhouse's business philosophy is to spread the risk, and he practices it by develop- ing in several areas at once and aggressively pursuing market share in each of those areas. Hence, Trammell Crow currently has office and warehouse developments going in Plym- outh, Golden Valley, Minnetonka, Blooming- ton, Burnsville, Eagan and downtown Minne- apolis, where it recently purchased the block occupied by the Normandy Hotel. While Woodhouse admits to having devel- oped aggressively, he maintains that TCC has been financially conservative, limiting its debt by apportioning equity in each of the projects to other managing partners and pension funds. A major investor in the 8300 and 8400 buildings, for example, has been Metropoli- tan Life Insurance Cos. ALTHOU6H WOODHOUSE and TCC have had the Midas touch in the Twin Cities, there is one project that mars their almost perfect track record: the oompam's failed effort to win development rights to the Metropolitan Stadium site in Bloomington. When Bloomington requested proposals for the site, TCC proposed a development consist- ing of 6 million square feet of office, festive retail, residential, hotel and conference/exhi- bition space, only to lose to Triple Five Corp.'s grandiose plan for a mega -mall. At the time, a consultant to Bloomington's port authority ranked TCC's proposal third in terms of re- turn on investment. An observer who knows Woodhouse says he fumed over the defeat, that he couldn't be- lieve the city would choose a relatively un- known developer over Trammell Crow to attempt a project of such unprecedented proportions. Woodhouse denies that account, although he confesses to having been disappointed at the time. He insists that the choice of Triple Five came as no real surprise. "If you could look at just the economics of each of the pro- posals, they [Bloomington Port Authority) had to take the Triple Five proposal. They were being asked to make a decision based on three promises, and Triple Five promised the most:' That's as critical of the selection process as Woodhouse will get, perhaps because he knows that the chances of Triple Five follow- ing through on its project are slim. He says TCC will bid again for the site if given the chance. One thing is clear: Woodhouse didn t spend much time grieving over the loss. Within six months the company announced the purchase of the Normandy block in downtown Minne. apolis, a move that took a number of industry watchers by surprise. Woodhouse will say only that development of the site will occur sometime in the future, when market conditions warrant. The site is ideal for a "true high-rise building:' he says, but then declines to elaborate. In the meantime, Woodhouse has enough other things to keep him busy: construction of 1 million square feet of speculative office space and a 250 -room hotel next-door to the 8300 Tower, and the continuing search for new opportunities. "This is very much a young man's game:" Woodhouse says. "You're trying to market the stuff you're building and you're trying to put together new deals all the time. But if someone asked me to dream up a better job, I couldn't do it. It's fun coming to work everyday:' 11 ,ould, with the Legislatures assistance, tnreaten hroughout the metropolitan area. ,orth of reality, they have decided to really get itment to Bloomington by signing a non-binding xaled-down project. the Ghermezians finally have realized that their Now they make fun of the mini -mega -mall, even is large as arty other regional mail in the state. to do to get us all excited? Actually build it? Or tually make their money off of millions of new ing misting rollercoaster -less retail malls? we questions is probably yes. The Ghermezians he imagination and support of Bloomington ci- 41ndau, and the fanciful and short-lived back - the brothers, already dangling from the slim limb r own tree. The more they talked, the more quer- me the demands and ultimatums and deadlines. email/entertainment heaven -on -earth elsewhere u project, tlere arenagging questions about their tr nancially imolved, will ft brothers take ad - y and state demanding more assistance for subse- mas their approach back home in Edmonton. promises of investing in development elsewhere to repeatedly delay construction, such as what m Centre shopping mall in downtown Edmon- ;a;br�eaaks�af�n{d subsidies. Petition drives reportedly ] :ndu �+ that ultimately � dud project. Can II it impact Lindau's political aspirations for the j chole mega -mall episode. With his name so in- indau old hardly afford to have the project fall s because of the !Ghermezians' commitment to i is committed to the project or because of Lin - get any answers until further steps are taken in "is going to be interesting to watch. And maybe, heir word -something Minnesotans take very phosis in attitude toward them. r E JOU R N A L `ul � I i EDITOR ADVERTISING MANAGER trick Boulay Mari Adamson -Bray MREJ EDITORIAL ADVISORY BOARD James P. Benson Peter E. Jarvis Benson, Malkerson & BRW, Inc. Bradbury, Inc. Michael F. Kelly Larry D. Fronsen The Center Companies The Griffin Companies David H. Latvasho James B. Griebel General Mills Coopers & Lybrand James W. Nelson Ed. A. Hartington Eberhardt Company Minnesota Mufti Housing Benjamin B. Steinberg Association The Steinberg Financial Corp. Management 2 Real Estate Capital Corp. Frank i. Harvey Boyd Stoter Larkin, Hoffman, Daly 8 United Properties Lindgren, Ltd. William C. Tobin Opus Corporation William J. Jaeger, Jr. Kraus -Anderson Harold S. Ulvestad, Jr. Construction Co. Coldwell Banker Public/private partnerships? —� ,L State can no longer foot bill for highway improvements PRIVATE SECTORS NEEDS TO PITCH IN by Richard P. Braun n the past, the cost of building and upgrading highways has primarily been the responsibility of government. Whether real estate development is commercial, residential or industrial, it has usually been tax money that paid the bill for the highway improvements to serve new growth. Now, however, we are entering a new era. State and federal revenues are simply no longer sufficient to meet the demands of new construction and still maintain existing roads and bridges. Every year in Minnesota we fall further behind in road repairs. Although highways are built to last up to 20 years, the state can only afford to replace them every 135 years. It is clear that transportation needs can no longer be served entirely be government. " Developers around the country are now' routinely being asked to participate in highway improvement costs. But these are not altruistic contributions. Landowners and developers are beginning to realize that it is in their awn best interest to see that highway improvements accompany their development plans. Through public-private partnerships, private interests can join forces with city, county and state governments to get the job done. Marry partnerships are actually initiated by the private sector. Most are in areas of high growth such as second -ring suburbs. The partnerships are generally implemented through local land use authorities of city and county governments. Tax increment financ- ing is a good example. In some areas employers, developers and merchants form transportation associations to deal with mutual problems of suburban congestion or access. These associations can assume three roles. First, they can provide leadership in local transportation policy decisions and serve as advocates of highway improvements. Second, they can help manage traffic de- mand. This is possible through staggered work hours, carpool programs, parking fees or the right mix of office/retail space to op- timize peak -hour demand of parking spaces. Third, transportation associations can ac- tually provide service by planning highway costs into their long-range plans. Althou h g highways are built to last up to 20 years, the state can only afford to replace them every 135 years. A number of cost-sharing options are possible—from dedication of right-of-way to benefit assessment districts and impact fees. In Minnesota tax increment financing has been a successful tool in combining public and private money, and it holds the most pro- mise for future partnerships. By sharing the costs of highway im- provements, developers can speed up specific projects—projects that would have a lower priority if they had to be funded entirely with state money. The Minnesota Department of Transportation is ready and willing to work with private interests in solving the access problems of new development. —Richard P. Braun is a commissioner with the Minnesota Department of Transportation. it L51ulC JuurTWI Strong site shorta e g SUBURBS NEED MORE INDUSTRIAL SITES by John Gabrielson The Twin Cities metropolitan arras facing an increasing shortage of good industrial parks that contain sites available for sale and which are looted in high -demand communities. The surge in high-tech and office develop- ment over the past four years has resulted in the absorption of significant acreage in established parks. This surge in construction coupled with the fact that few in- dustrial/business parks have been developed in the past six years has resulted in a critical shortage of sites in numerous areas. The high -demand suburbs which are ex- periencing shortages today are Bloomington, Eden Prairie, Minnetonka, Plymouth, Roseville and Arden Hills. These areas have ___L__ 1� Pave 27 few industrial park sites available for pur- chase for the development of industrial and high-tech single tenant and multi -tenant buildings. This shortage exists in industrial parks which offer sites without a commitment from the seller to construct the building. Numerous existing parks, owned by developers who have previously sold sites, no longer offer parcels for sale. Due to the recent demand, these developer -controlled parks offer sites only for build -to -suit projects or are reserved for the developer's own speculative projects. The intense demand for good sites has significantly increased land prices over the Past few Ye81S• Typical asking Prices are now in the $2.50 to $3.25 square foot range ver- sus $1.50 to $2.00 three years ago. - The shortage of sites in high demand areas has created a difficult situation for the in- dustrial or high-tech company that is con- sidering a relocation. Most companies, when planning a mar, prefer to remain close to their Present location. If land is not available in their p ' arra they will be forced to locate in arras which could disrupt their operations and increase employee tur- nover. Even if land is obtainable, the prices Continued on page 30 often exceed the firm's budgeted amount which forces a move to a less desireable location. Many companies, especially those in the high tech -heavy employee category, prefer to locate in an established industrial/business park. A park's overall plan, employee amenities, well-designed street layout, zon- ing controls and covenants, offer a company a controlled environment which will enhance the residual value of its real estate. Regional and national companies who are locating a new plant in the '`vin Cities often insist on established industrial parks vs. freestanding sites in industrial zoned regions. Areas such as Maple Grove, Brooklyn Park, Osseo, Blaine, Woodbury and Eagan, will begin to experience greater demand Continued from page 27 which in turn could encourage the develop- ment of new parks in these suburbs. There exists today need for the develop- ment of industrial and business parks in the 30 to 100 acre range which have individual sites available for sale. With the rising price of sites, developing raw land parcels into in- dustrial parks will become feasible. This should result in new parks being developed which will offer sites for sale to developers and companies for construction of single te- nant and speculative industrial and high-tech projects. However, until the development of new parks occurs, many companies and developers will not be able to locate projects in their optimal location. —John R. Gabrielson, SIR, is president of J. R. Gabrielson & Co., a Minneapolis com- mercial real estatefirm. _ — , )USTRUL PARKS Plymoufffs open forum DEVELOPMENT COUNCIL PROMOTES TEAMWORK by Jim Willis Plymouth is a rapidly growing community. It is not by accident that Plymouth is considered a prime place to develop and expand business, as well as an attractive residential community. Plymouth has diligently planned for its development since the mid-1960s. In Plymouth, planning has been hard work. It is a continuous process and has in- volved hundreds of people and countless hours over the last twenty years. The plan currently used to guide the community has evolved over the years and enjoys broad- based community support and metropolitan respect. All aspects of the city's planning in recent years have been virtually free of political con- troversy. Once the city's first sanitary sewer plan was adopted in the mid -1960 s and im- plemented, other planning continued to evolve smoothly for this 35 square mile city. Plymouth now has a comprehensive plan which guides the City Council as it considers a wide range of community development activity. . The planning has paid off. As the table ac- companying this- column illustrates, Plymouth continues to be a rapidly develop- ing community. The community attitudes which have shaped and molded the plans, Comprehensive Plan. From the developer's standpoint, the local planning efforts set forth a blueprint for the future of the community. The degree to which the community sticks with its plan and is able to clearly articulate its objectives, is the extent the guesswork re- quired on the part of the developer is reduc- ed, if not eliminated. This, in turn, provides the developer with a higher level of con- fidence that his proposal will be promptly reviewed and approved, provided, of course, that it is in general compliance with the overall plan. The timeliness of the review process— which always seems too long—is enhanced by a sound plan. While there are marry agen- cies, groups, and meetings involved in the untirnate approval of a complex plan, the degree two which the plan conforms to the local municipal plan will minimize the overall time required for review. Given the Minnesota weather and the significant im- pacts that climate can have upon building costs, developers are keenly interested in hav- ing their proposals move forward smoothly mid promptly in order to get their project in the ground. - Sound planning also provides for the development of cooperation between the development interests and the community. have been based upon a receptiveness to The future of communities such as sound development. They have also rostered Plymouth in .the metropolitan area area a climate of cooperation, wherein develop- bound closely together. Plymouth merit interests are confident that the com- reeognnizcs, however, that to be viable, it is in munity will, in fact, follow its plan, even in competition with other growing communities the face of small pockets of negative reaction. in the arra. As a result, we have found that, Planning in Plymouth is iaot an end to fn order to achieve our planning objectives, itself, but is taiher a means to achieve an end.' ­:kis necessary and desirable for us to develop It is the exeattim of specific developmems a closer spirit of cooperation with those which accomplish the poleatiel dPlymouth's -4evelopinlg in our community. Nearly fifteen .eal Esta �s years ago, our City Council encouraged the establishment of a Development Council to provide a forum for developers to meet and discuss concerns with the city. The Plymouth Development Council continues as perhaps the only group of its type in the Twin Cities. The Plymouth Development Council meets periodically to ensure that good lines of communication are maintained between various developers working in our communi- ty, as well as representatives of the City Council, Planning Commission and city staff. The Development Council provides a forum for the discussion of a wide range of issues which the development community deems important to their work in the community. The Development Council provulies a forum for the discussion of a wide range of ,Issues .. . As a result of its concern and involvement, the City Council has undertaken various studies and amended its ordinances from time to time to address legmmato matters brought to its attention by the Development Council. The Development Council has pro- vided a forum for the city to address pro- blems which it has in dealing with develop- ment pressures. Matters such as staged growth strategies, special assessment prac- tices, and environmental concerns, such as erosion control, are addressed. Does it all pay oir Ile answer is an un- qiialified yes. In Imins of population, mwabcr of ds and employment, Plymouth continues to expand at an impressive nate. The local fiscal climate is also very healthy. rhe city's tax base continues to expand at very healthy rates. This benefits all taxing jurisdictions, particularly through substantial fiscal disparities contributions. There are numerous specific examples in the commercial/industrial area which bear witness to the success of our planning ap- proach. The Carlson Companies have been located in Plymouth for a number of years. Their first endeavor was the development of the Minneapolis Industrial Park (MIP). More recently, they have commenced development of a 300 acre mixed planned unit in both Plymouth and Minnetonka. Other major developments include those by the Prudential Insurance Company through its Prudential Development Company. Their Northwest Business Campus is well under- way. Prudential has just begun the second phase of a multi-tenam office building with a total of 440000 square feet. Also contained within the Business Campus is the new Scan- ticon Executive Conference Center and Hotel, a 283,000 square foot facility in- cluding 240 guest rooms, restaurants and associated recreational amenities. Ryan Construction Company is currently planning a large scale mixed planned unit development at the intersection of County Road 18 and Highway 55. The first phase of this project will embody a 13 to 15 story of- fice building for a major corporate client. Thimmell Crow Company currently owns 85 acres of commercial -office land in the nor- thwest quadrant of Highway 55 and 1-494. They have already completed sue buildings in their Plymouth Business Center, and are positioning themselves to develop the balance. Three industrial distribution buildings were developed in the south part of Plymouth several years ago. Vantage Com- panies has developed several projects in the City. and iscompleting a distribution center east of 1-494, smith of stow Highway 55. These and similar developments are the result of good planning and scud a xeartim. % believe this is the hallmark of Plymouth. —Jon *VU is Rymoudu Gary Manager. Plymouth development 1970 1980 1990 2000 Population:' 18,077 31,515 49,000 58,000 Households: 4,645 10,491 18,000 22,000 Employment: 6,587 20,000 34,000 45,000 '(Current population 38,940 last.) Z 5 May 28, 1986 CITY OF PLYMOUTFF Mr. Larry Seymour, Director Division of Waters Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55146 Subject: Modification to Outlet Control DNR Wetland 27-579W Dear Mr. Seymour: The City of Plymouth is in receipt of the "order" of the Commissioner with regard to the modification of the outlet control for DNR Wetland 27-579W. That order was dated May 21, 1986. In 1981 by Permit No. 81-6041 the City of Plymouth received a permit from the DNR to construct a permanent outlet for this wetland. Although the permit specified that the outlet storm sewer was to be constructed at elevation 912.0, the pipe was actually constructed at elevation 912.25. The DNR has now determined that the control elevation established in the permit was incorrect and is ordering the City of Plymouth to raise the outlet elevation to 913.0. The City of Plymouth has no objection to undertaking this work as ordered, but the DNR is responsible and liable for any damages which may occur in raising the water level as ordered by the Commissioner. Presently there is a narrow, deep ditch leading to the 12 inch storm sewer pipe which serves as the outlet control for the wetland. Attached is a drawing showing a proposed weir structure that the City will construct within this ditch to raise the control elevation to 913.0. Unless I am informed by DNR that the proposed structure is not adequate, we will undertake the modifications and have them completed no later than September 30, 1986. Sincerely, A� Fred G. Moore, P.E. Director of Public Works FGM:kh Enclosure cc: James G. Willis, City Manager Herbert P. Lefler, City Attorney 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 MODIFICATION To OuITLET FOR WETLAND 27- 5-19 W As 0R0ff.OLE D MY O. N. VZ ON MAY 210 1986 3 Eleva�+or+ 912?.5 �� a 1` Weiland 27-5791►/ itTH 4� No Q �2 � Consfruct We i l" p�.T o eIeva}ion 913.001p n Elw. 913.00 =- 5 STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES In the matter of the establishment of the outlet elevation of a 32 -acre FINDINGS OF FACT Type III Wetland (27-579W) located in Section 12, Township 118 North, AND ORDER Range 22 West under Permit 81-6041 issued to the City of Plymouth. WHEREAS, it has been brought to the Commissioner's attention that the outlet elevation authorized under Permit 81-6041 was based on erroneous information and, upon construction of said outlet, wetland 27-579W has been partially drained, THEREFORE, the Commissioner issues the following Findings of Fact and order pursuant to Minnesota Statutes, Chapter 105.461. FINDINGS OF FACT 1) Wetland 27-579W is a protected water of the State of Minnesota Pursuant to MS §105.37, Subd. 15 in that it is a Type III wetland greater than 21 acres in size in an incorporated area and the wetland designation was not contested at the Protected Water Inventory hearing held May 4, 1982. 2) Permit 81-6041 was issued for an outlet control at 912.0 NGVD, 1929, based on City supplied information. 3) After the outlet was installed and made operative in the fall of 1985, concerns about low water levels and loss of habitat were raised. 4) The Department conducted a survey on November 14, 1985 which showed that the previous runout for wetland 27-579W was in the range of 913-913.5, NGVD 1929 (historical information had been altered by development). 5) The Department subsequently determined that: a) the ordinary high water level (OHW) of wetland 27-579W is 913.1 and, b) the minimum runout elevation shall be 913.0 NGVD, 1929. 6) The facts appear sufficiently clear so as not to necessitate a public hearing on the matter. =-S ORDER A. The Commissioner does hereby waive a public hearing hereon pursuant to Minnesota Statutes, Chapter 105.44, Subdivision 3 and Chapter 105.461. B. The City of Plymouth is hereby ordered and directed to undertake the following: 1) Submit plans for raising the runout elevation to 913.0 NGVD, 1929 by May 30, 1986 to the Metro Region Regional Hydrologist for review and approval. 2) Accomplish the DNR approved modification no later than September 30, 1986. C. Permit 81-6041 shall be amended in accordance with this order. IT IS SO ORDERED this day of 7, 1986. Commissionex of Natural Resources La r, Director Division of Waters PHONE NO. �n�SnTATE OF U V U V 1Ez (01rz% DEPARTMENT OF NATURAL RESOURCES 612/296-6157 500 Lafayette Rd., St. Paul, MN. 55146 May 21 , 1986 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Boulevard' Plymouth, Minnesota 5544 Dear Mayor Schneider: ORDER OF THE CONMISSIONER FILE NO. CERTIFIED MAIL Enclosed is the Order of the Commissioner relating to the waters of the State of Minnesota. This order requires the City of Plymouth to raise the water level control of DNR wetland 27-579W. Pursuant to Minnesota Statutes, Section 105.44, Subdivision 3 and 6, the managers of the watershed district, the board of supervisors of the soil and water conservation district or the mayor of the city may demand a hearing on the Order provided the demand for hearing and the bond required by Subdivision 6 be filed with the Commissioner within 30 days. No bond or security is required of a public authority which demands a hearing. The Statutes further provide that if no demand for hearing be made or if a hearing is demanded but no bond is filed as required by Subdivision 6, the Order shall become final at the expiration of 30 days after mailed notice thereof and no appeal of the Order may be taken to Minnesota State Court of Appeals. Subdivision 6 requires that an applicant for a public hearing execute and file a corporate surety bond or equivalent security to the State of Minnesota. The amount to be filed is $500.00 as set by the Commissioner. The bond or security shall be conditioned for the payment of certain costs and expenses of the public hearing if the Order is affirmed without material modification; however, the applicant's liability is limited to $750.00. The $750.00 limit does not apply when a public hearing is demanded by a public authority which is not the applicant. Bond forms will be supplied at your request. Please contact Kent Lokkesmoe Office, 1200 Warner Road, St. should you have any questions. Sincerely, ki�oi F WATERS L y ap� D rec or Judy Boudreau of the Metro Region Paul, Minnesota 55106 (phone 296-7523) LS/JB/lkr cc: USCOE Hennepin County SWCD Cathy Brehm, C.O. Shingle Creek SAN We EQUAL OPPORTUNITY EMPLOY = C� C4_ CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 21, 1986 The Special Meeting of the Plymouth Planning Commission was called to order at 7:37 P.M. MEMBERS PRESENT: Vice Chairman Pauba, Commissioners Wire, Magnus, and Stulberg MEMBERS ABSENT: Chairman Steigerwald Commissioners Plufka and Mellen STAFF PRESENT: Community Development Coordinator Sara McConn City Engineer Sherm Goldberg Planning Secretary Grace Wineman *CONSENT AGENDA MOTION by Commissioner Stulberg, seconded by Commissioner CONSENT AGENDA Wire to adopt the Consent Agenda with the deletion of the MOTION TO APPROVE May 14, 1986 Minutes. VOTE. 4 Ayes. MOTION carried. VOTE - MOTION CARRIED PUBLIC HEARINGS Chairman Steigerwald introduced the application by Ryan RYAN CONSTRUCTION CO. Construction Company for a Planned Unit Development Concept PUD CONCEPT PLAN FOR Plan and requested an overview of the May 13, 1986 staff GROVES OFFICE PARK report by Coordinator McConn. (86044) Subsequently, Mr. Pat Ryan, Ryan Construction Company; Mr. Wayne Bishop, Walsh -Bishop Assoc.,; and, Mr. Steve Kingery, Ryan Construction Company were introduced. Vice Chairman Pauba stated that no one present wished to speak on this Public Hearing item. Mr. Ryan stated that he and his repre- sentatives were available for questions from the Planning Commission and/or audience. Commissioner Stulberg confirmed that Mr. Ryan did not have any comments beyond what was provided in the overview of the staff report. Iry Lust, Precision Electric & Manufacturing Co., 9628 6th Avenue North requested a clarification of where 6th Avenue North is located on the proposed Concept Plan. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the Planned Unit Develop- ment Concept Plan for Groves Office Park, subject to the conditions as stated in the May 13, 1986 staff report. -95- Page 96 Planning Commission Minutes May 21, 1986 Commissioner Magnus requested an explanation of what measures would be taken to soften the visual impact of the parking from County Road 18 and Highway 55. He expressed concern that he did not want the views from these roadways to be a mammoth parking lot. Mr. Ryan explained their desire to do the same justice to the property as S. J. Groves has always done. The two-level parking structures will be designed so that one level is located significantly below ground with the second level above -ground. This will provide a reduction in the amount of surface parking to be provided. Mr. Ryan explained that from the frontage road of County Road 18, the proposed berming would be seen and not the parking structure. He confirmed that it is intended to compliment the landscaping which currently surrounds the Groves Office Building. Commissioner Stulberg stated the design would provide a very pleasant gateway to the City. Vice Chairman Pauba concur- red, stating that the project is very exciting. Mr. Ryan explained that a major tenant has made commitments to occupy half of the first building to be constructed. Iry Lust inquired when construction would commence. Mr. Ryan explained they anticipate starting construction this summer. Mr. Lust expressed his concern that prior to and during construction, the site be maintained at a higher level than has been done currently. He stated there are some junk cars stored on this property and the yard areas have not been mowed or maintained regularly. Mr. Ryan com- mitted to cleaning up the site before commencing construction. VOTE. 4 Ayes. MOTION carried. Vice Chairman Pauba introduced the request from Sohn Karos for a Revised Residential Planned Unit Development Concept Plan, Preliminary Plan/Plat, and Conditional Use Permit for Heritage West 2nd Addition. He requested an overview of the May 13, 1986 staff report by Coordinator McConn. She pro- vided a summary of the history for the 1984 approved RPUD Concept Plan, Variance, Preliminary Plan/Plat, and Con- ditional Use Permit for this project. The approved PUD Plan designated the development of 36 single family detached dwellings in Phase I, with the remaining 56 units to be constructed with "manor home" -type dwelling units. It was explained that bonus points were assigned in the density calculation of the 1984 approved PUD Plan. The assignments ��A ct_ VOTE - MOTION CARRIED 3OHM KAROS REVISED RPUD CONCEPT PLAN, PRELIMINARY PLAM/PLAT AND CONDITIONAL USE PERMITMERITAGE NEST 2MD ADDN. (86048) ,-7- C\C4, Page 97 Planning Commission Minutes May 21, 1986 were warranted due to the area. Also, consideration tion amenities which were sible during construction. mix of housing and private open was given to the natural vegeta- to be preserved as much as pos- Coordinator McConn summarized the anticipated developments to occur on adjacent property to the north and west, which include higher density residential developments. A review of the Planned Unit Development Attributes was provided along with the explanation of the petitioner's proposal as stated in their correspondence. It was noted that the pro- posed density of two units per acre is less than the antici- pated range for the LA -2 designated areas on the Comprehen- sive Plan which would allow a density of 3 - 5 units per acre. Coordinator McConn summarized that the staff did not support the request to revise the approved PUD Plan on the basis that the petitioner has not demonstrated compliance with the Ordinance provisions for a Planned Unit Development or Con- ditional Use Permit Criteria. Vice Chairman Pauba recognized Mr. Sohn Karos, who deferred his comments to his consultant, Mr. Rick Sathre, Sathre- Bergquist, Inc. Mr. Sathre made a presentation of slides providing a view of the site from County Road 61 looking west to Xenium Lane. Overhead transparencies were also utilized to review the design of the approved PUD Plan which provided a generally passive open area and berming along Xenium Lane. Mr. Sathre reviewed the proposed PUD Plan identifying conceptually located berming; the passive open area between the proposed phases of this development; and, the existing pond. Mr. Sathre explained the revised PUD Plan calls for approximately 2 112 acres to be devoted to common open space. The topography and elevations of this site were reviewed, explaining that at Xenium Lane the elevation is approximately 956, with a decreasing elevation to the southeast to an approximate elevation of 916. Mr. Sathre stated that with provision for berms along Xenium Lane, this property could be isolated from any adjacent land development. The PUD attributes were discussed by Mr. Sathre, who stated the previous developments completed by this petitioner clearly demonstrate the new technology, in that the homes are hidden from north winds, and in some cases, homes utlize passive solar methods. He recognized that the proposal is designed by a professional consultant. Mr. Sathre stated that if this project were to develop within the conventional platting requirements, the lots would be wider and less Page 98 Planning Commission Minutes May 21, 1986 efficient. By virtue of narrowing the lot widths, a reduc- tion in street frontage is provided which makes the design more efficient. He continued by explaining that the pro- posed 2 1/2 acre open space, while not large enough to war- rant a bonus point, is something that everyone could share and is not platted as part of the individual lots. The PUD design is intended to preserve topography; the pond is to be retained; and, the houses would be stepped down the terrain from the west to the east. The stepping down of the housinq units, following the site slopes, and constructing a 6 - 8 ft. berm along Xenium Lane would achieve adequate transition. Mr. Sathre stated Xenium Lane is an element of transition due to the classification of this roadway on the City's Thoroughfare Guide Plan and that the units would have a minimum setback of 50 ft. from the right-of-way. In summary, Mr. Sathre offered the proposed PUD design as a positive step while not lessening the tax base. Commissioner Wire inquired about the slopes on the antici- pated berm along Xenium Lane. Mr. Sathre explained that typically a 3:1 slope is used. Within the 50 ft. building setback, an approxiamte 7 - 8 ft. berm could be constructed. Commissioner Wire inquired if the topography of the site would make it difficult to fit a house on some of the lots. Mr. Sathre stated that it would not be that difficult as it was exciting to work with such slopes and design. The lots along Xenium Lane are wider to allow the required setback and desired berming. Commissioner Magnus questioned why the request is submitted to revise the PUD Plan in such a manner that the higher density development would be lowered. Mr. Sathre reviewed the adjacent land uses, as well as indicating that the econ- omics of development serve as part of the basis for the re- quest. He cited a single family detached development as be- ing more marketable due to the present interest rates. Commissioner Stulberg questioned how the pond could provide adequate transition as part of this proposal since it has already been constructed. Mr. Sathre expanded his previous comments regarding transition by discussing the anticipated berms to be constructed along Xenium Lane and the natural site slopes. He described the development as being hidden from the adjacent LA -4 area. Commissioner Stulberg inquired how many lots within the first phase of this development are remaining to be sold. Sohn Karos stated he had an interest in one lot, with the rest previously sold. Mr. Karos continued by commenting Page 99 Planning Commission Minutes May 21, 1986 that there is a tremendous demand for single family detached housing in the Robbinsdale School District. If the request- ed development is approved, there is an immediate request for sales and house construction. He stated the proposed development would provide the highest and best use of the land for a tax base. Mr. Karos summarized his comments by explaining that if the approved PUD Plan is retained, development would not occur within the next year. If the requested Revised PUD Plan is approved, development would commence immediately due to the high demand. Mr. Karos stated that the anticipated high density develop- ment on the west side of Xenium Lane has not been a problem when he has described it to potential buyers. Vice Chairman Pauba opened the Public Hearing. Merrilee Riley, 13010 37th Avenue North, explained that she is President of the Heritage Highlands Homeowner's Associa- tion which includes the first phase of the Heritage West Development. The homeowners in this association support the request by Mr. Karos. The proposed PUD Plan would be con- sistent with the current developments and would retain the pond and open space. She expressed concern with anticipated traffic from a multi -family attached development, based on the approved PUD Plan. Mr. E. Gordon Walker, 3715 Vinewood Lane, stated that he concurs with Ms. Riley's comments. He continued to explain that he occupies one of the homes directly adjacent to the proposed private open area. When he became aware of the approved PUD Plan and anticipated multi -family attached housing units, he nearly chose not to move into this project. However, due to neighbors and physical features of this site, he was encouraged to stay; he supports the re- quested revised PUD Plan. He stated multi -family attached housing in the second phase of the Heritage West development would detract from the first phase. Mr. Walker expressed his feeling that the house construction utilizes new tech- nology based on his experience with heating bills. Mr. Walker stated he is proud to be a member of the Heritage West Development and to live in the City of Plymouth. He requested approval of the proposed plan. Doug Godfrey, 3770 Rosewood Lane, expressed his support of the development, noting that multi -family attached housing on the west side of Xenium Lane would be acceptable because of the proposed berms and preservation of trees. He re- quested the Planning Commission approve the proposed revised PUD Plan. Ga - Page 100 Planning Commission Minutes May 21, 1986 Rick Wheeler, 3625 Vinewood Lane North, expressed his sup- port for the request by Mr. Karos. Vice Chairman Pauba commented that from a pure planning standpoint, he questioned the proposal provided the PUD expectations and its consistency with the Comprehensive Plan guidelines. Vice Chairman Pauba closed the Public Hearing. Commissioner Stulberg stated he concurred with the residents that it is preferred to be next to additional single family detached housing units. He challenged the petitioner to demonstrate compliance with the PUD Attributes regarding efficient streets, utilities, and public facilities, as well as providing more suitable open space. In response, Mr. Sathre, explained that by lessening the lot width there is a reduction in street frontage. This provides a reduction in the cost of the development for each individual lot which is hopefully passed on to the buyer. The down sizing of the individual lots provides a more efficient development. Mr. Sathre explained that if the project were developed as a conventional plat, the proposed 2 1/2 acre private open space would be platted as part of the lots and would not be available for the Homeowner Association. Commissioner Magnus questioned if there was potential for a conflict between the two phases regarding use of the open space since there is no direct connection from Phase I to Phase II. Mr. Sathre stated he would like to see the opportunity for both phases to use the open space, however, the private open space is proposed as part of Phase II. He expressed his opinion that perhaps a mistake was made with Phase I by not setting aside the private open area when that land was final platted. Coordinator McConn recalled that the original PUD design was based upon the private open area being useable for the entire PUD development consisting of two phases. She stated that if the request by this petitioner is to segregate these two phases into separate developments, the petitioner has circumvented the Zoning Ordinance requirements for the R-2 District and the Planned Unit Development standards. The first phase of this development has lot sizes and dimensions which are substantially less than that required by the R-2 Zoning District. The reduction in these lots was based on the overall PUD design which included the private open area for the entire project. Page 101 Planning Commission Minutes May 21, 1986 The Planning Commission discussed at considerable length, with the petitioner, who would own and maintain the private open area and be privileged to use it. Sohn Karos stated that there is nothing to preclude the use of proposed Outlot A by the residents of either phase. He questioned what violation was made with this proposal. Co- ordinator McConn clarified that if there is a violation it is based upon the comments by his consultant that only the second phase of this development would be able to use the private open area. She suggested that if there are too many issues to be resolved, the Planning Commission should defer action on the request to a subsequent meeting. She asked the petitioner to clarify the proposal regarding the use of the private open space. The discussion continued with input from Mr. Wheeler and Ms. Riley that the homeowners in the first phase of this project currently use the pond and open space. They questioned if they would be allowed to continue to use these areas. Commissioner Magnus expressed concern that there is no easement -way to allow access for the residents in the first phase to the private open area. Mr. Wheeler stated that he was confused with the discussion and questioned if the residents in Phase I would be deprived of using the open space due to the development of Phase II. Mr. Karos stated he can assign to the Homeowner's Association as a whole, the ownership and maintenance of the private open area. He stated he did not misrepresent or circumvent any of the Ord- inance requirements. He stated he would rectify any confu- sion where needed. Coordinator McConn stated the original intent of the PUD design was that the open area would be utilized by all resi- dents within the full boundaries of the PUD. Commissioner Stulberg stated the use of the open area could be addressed through the Homeowner Association Documents which would the private open area be available for the use of all. Mr. Walker stated he would allow residents to walk across his lot in order to access the open area. Commissioner Stulberg recalled that when the 1984 design was approved, there was concern that the residents in the multi- family attached units should not have direct access into the single family detached area. However, it was always intend- ed that the open space would be shared. Mr. Walker stated that children will use the easiest route, whether or not there is an easement or trail. Commissioner Wire inquired what variances would have been requested if this had not been developed as a PUD. Mr. Sathre stated he had not reviewed the proposal from that aspect and could not answer the question. Page 102 Planning Commission Minutes May 21, 1986 MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the Revised PUD Concept Plan, Preliminary Plan/Plat, and Conditional Use Permit for Heritage West 2nd Addition, subject to those conditions as stated in the May 13, 1986 staff report with an addition to Condition No. 8, requiring that Outlot A be available for residents of both phases of this development; and, that similar language be added to Condition No. 7. Condition No. 17 is added to require a minimum 10 ft. wide easement on Lot 12, Block 1, providing access from Phase I of this development to the private open area. Commissioner Wire stated that he understood what happened during the design and phasing of this project. He felt the current situation of questioning the useability of the private open area was not intended to occur with approval of the original design. The transition with berming will be adequate considering the topography of the site which shields this development from adjacent land uses. Mr. Karos confirmed that an easement to allow access to the private open area from Phase I of this project would not impact the measurement of setbacks for a house on Lot 12, Block 1. Roll Call Vote. 3 Ayes. Vice Chairman Pauba, Nay. MOTION VOTE - MOTION CARRIED carried. Vice Chairman Pauba stated that from a resident standpoint he would agree the proposal was more palatable, however, based on the Ordinance requirements and provisions for Plan- ned Unit Development, he thought the PUD status was lost. Vice Chairman Pauba introduced the request submitted by Earl EARL GARBINA Garbina for a Conditional Use Permit. Reading of the May CONDITIONAL USE 12, 1986 staff report was waived. Mr. Garbina stated he was PERMIT (86055) available for questions from the Commission. Vice Chairman Pauba opened the Public Hearing, as there was no on present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the Conditional Use Permit for a retail deli and sandwich shop with carry -out service at 16 Nathan Lane, Willow Grove Shopping Center, subject to the conditions as stated in the May 12, 1986 staff report. VOTE. 4 Ayes. MOTION carried. VOTE - MOTION CARRIED Vice Chairman Pauba called a 10 Minute Recess. RECESS Page 103 Planning Commission Minutes May 21, 1986 NEW BUSINESS Vice Chairman Pauba introduced the request submitted by Ryan Construction Company for a Site Plan, Conditional Use Per- mit, and Variances. An overview of the March 17, 1986 re- port was requested. Coordinator McConn summarized the pro- posed Site Plan for a 180,670 sq. ft. food distribution building. It was noted the Conditional Use Permit is requested to allow for outside storage of semi -truck trail- ers and complies with the Ordinance provisions. The vari- ances from the traffic island delineator requirements and relating to the detached accessory structure were supported based upon the petitioner's demonstration of compliance with the Variance Criteria. She cited that staff does not sup- port the request to allow seeding of the property required by the Landscape Policy to be sodded. Messrs. Robert McCullough, Alan Schackman, and Scott Kinkade, from Ryan Construction Company were recognized. Mr. Kinkade addressed the variance request from the sodding requirements since this was not supported in the staff recommendation. He described the proposal to use a hydro - mulch seed which would be complimented by the use of a fibrous mulch that is sprayed on the seed in -lieu of a mesh fabric. Mr. Kinkade stated the proposed seed -type quickly establishes a viable turf and deep root structure, which is faster than the development of a root structure for sod. Coordinator McConn noted that the City Forester recommended the use of the mesh fabric. She stated she was not sure if he had experience with the proposed fibrous mulch spray. City Engineer Goldberg stated that he was familiar with the use of the fibrous mulch spray. His experience was positive in that a viable turf was established quickly. Commissioner Wire confirmed that a landscape bond would be required prior to issuance of a Building Permit. A portion of the bond could be retained for ensuring the establishment of viable turf. Vice Chairman Pauba inquired what route would be used on the public roads to access this site. Mr. Kinkade described the on-site circulation as well as the public street circulation for this project. Ultimately, the semi -truck trailers would be utilizing both a north and south direction from this site. Mr. Mary Christen, PYA/Monarch, explained in response to Vice Chairman Pauba, that a majority of the semi -truck RYAN CONSTRUCTION CO. PYA/MONARCH, INC. SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES (86027) Page 104 Planning Commission Minutes May 21, 1986 trailers leave the site prior to 7:00 A.M., they are on a schedule commencing at approximately 4:00 A.M. On a busy day approximately 29 trucks would be enroute; on a medium day approximately 16 trucks would be enroute. They obtained traffic studies of this area in order to determine the efficiency of the routes to be used on the public streets. They found the results to be positive. City Engineer Goldberg informed the Planning Commission that at the last meeting, the City Council ordered the plans and specifications for construction of the Nathan Lane and Bass Lake Road intersection. It is anticipated this road could be completed yet this year, or as part of the 1987 construc- tion season. MOTION by Commissioner Stulberg, seconded by Commissioner Magnus to recommend approval of the proposed Site Plan, Con- ditional Use Permit, and Variances, subject to the condi- tions as stated in the March 17, 1986 staff report, with a modification to Condition No. 9 to approve the variance to utilize a hydromulch seed with complimentary use of fibrous mulch spray as requested by the petitioner. VOTE. 4 Ayes. MOTION carried. Vice Chairman introduced the request submitted by dames Graves, Intra Financial Corporation for a Planned Unit Development Final Plan/Plat for a project to be known as Plymouth Ponds. Coordinator McConn provided an overview of the May 12, 1986 staff report. She summarized that, in 1977, the City Council approved a Planned Unit Development Preliminary Plan which identified this area for multi -resi- dential units. In 1981, a preliminary site plan for the multi -residential development area was also approved by the City Council. The approved preliminary site plan called for 5 multi -family buildings consisting of 40 units each. Co- ordinator McConn confirmed for the audience that the Plan- ning Commission received a copy of the submitted petition in their agenda packets. The petitioner's consultant, Mr. Greg Frank, McCombs -Knutson & Assoc., summarized that the pond along the north boundary of the multi -family area was intended to serve as a buffer and was constructed with the initial single family detached unit development. The existing vegetation on the north side of the required fire lanes, and along the pond would be re- tained and complimented with the installation of new trees. Mr. Ken Schuster, 4740 Orleans Lane, explained he moved into this development in 1981 and was unaware of what was intend- ed to be constructed on the subject property. He expressed C\0" NOTION TO APPROVE VOTE - NOTION CARRIED JAMES GRAVES, INTRA FINANCIAL CORP. PUD FINAL PLAN/PLAT FOR PLYMOUTH PONOS (86050) -1-- �'1 C4 Page 105 Planning Commission Minutes May 21, 1986 concern that there already appears to be a sufficient number of apartments in this area, which has increased the crime rate. He noted the neighborhood petitioned the Planning Commission and City Council against the Holiday Plus store which has also had an affect on increasing the crime rate for the area. The proposed development would add to that trend. He requested information on the unit types to be provided in each building; and, the anticipated rents to be charged. Mr. Schuster stated most of the residents in this area were not aware of how this property was going to develop. The real estate agents who sold the lots to the present owners did not fully represent the anticipated and approved prelim- inary plans for this property. He questioned why the prop- erty had not developed since 1981. Vice Chairman Pauba advised Mr. Schuster that while the petitioner can give an indication of the type of unit (number of bedrooms in each) and rents, it is not a City re- quirement or regulation to release this information. Barb Brandes, representing Intra Financial Corporation, explained it is anticipated to have 60 one -bedroom units; 10 three-bedroom units; and, the remaining units to be two-bed- room. The units are intended to be more luxurious, with an average size for the two-bedroom units of 1,100 sq. ft. Amenities of tennis courts and pools are to be constructed and there will be laundry facilities in each unit. The average rent would be $700 per month. Vice Chairman Pauba explained the City cannot require a land owner to develop their property and could not directly explain the delay in development of this site. Mr. Schuster requested an explanation of the City's Land Use Guide Plan for this area. Coordinator McConn used an over- head transparency to describe the development which has been approved in this area and reviewed the Land Use Guide Plan Map. Mr. Schuster expressed concern with the use of pine trees as they do not provide adequate screening because the lower branches tend to die out. He suggested an increased number of Spruce plantings. Mr. Frank stated the combination of pine trees, deciduous trees, and existing plantings would provide an adequate transition. Coordinator McConn identified the White Spruce, and Colorado Green Spruce on the landscape plan to be used in addition to the pine trees. She described that with proper staggering and spacing between the plantings, it would reduce the die out that occurs when pine and spruce trees are planted too close together. ="CA0.- Page 106 Planning Commission Minutes May 21, 1986 Commissioner Wire confirmed that the size of 15 of the deciduous plantings are to be increased. Tom Grunewald, 10205 47th Avenue North, stated he would make no comments at this time. Fred Mades, 10035 47th Place North, inquired how tall the buildings would be. Barb Brandes stated they would be 3 - story buildings. Charles Mack, 10105 47th Avenue North, inquired what was planned for the long narrow piece of land along the west side of Nathan Lane. Greg Frank stated this property would be retained in its present condition. Tom Grunewald, explained drainage problems that are occur- ring on his lot with respect to increased water from what was originally anticipated. Also, concern was expressed that the ponds today do not retain water at all times. City Engineer Goldberg clarified that the Storm Water Drain- age Plan does not anticipate the ponds to retain water year round. Greg Frank, McCombs -Knutson Associates, explained to the residents that many of their lots are subject to drain- age easements in order to allow for the temporary storage of water. Robert Arlandson, 10025 47th Avenue North, stated that with the proposed building sizes and landscaping, there is not enough effective transition or screening. He expressed con- cern that in some places the buildings are within 100 ft. of the adjoining lots. Charles Mack, stated that with the elevation of the property with respect to the elevation of the creek, the buildings would be higher than 3 -stories. Commissioner Wire confirmed for the residents that the mini- mum yard setback from the north property line is 20 ft., while the proposed building setback at a minimum is over 100 ft. Vice Chairman Pauba explained to the residents that it should not be expected to completely block the view of the buildings. Commissioner Wire further explained that the transition in- cludes space and distance, as well as plantings and the pond. Page 107 = CAC% Planning Commission Minutes May 21, 1986 Mr. Mack expressed concern that the real estate agent who sold him his lot did not adequately inform him of what was to be anticipated on the property to the south. He inquired if the City requires disclaimers from real estate agents. Commissioner Stulberg confirmed the City does not license real estate agents. Tom Grunewald, inquired if the building location could be shifted further to the south. Mr. Frank stated this could not be done due to locations of Department of Natural Resources (DNR) Protected Wetlands. Doreen Arlandson, described the drainage situation on her property and questioned if this developer would be increas- ing the drainage beyond the site boundaries. Commissioner Wire and Vice Chairman Pauba explained that the developer is responsible for maintaining the rate of drainage as it is today where it leaves this property. City Engineer Goldberg suggested that the Arlandsons meet with him so that he could determine what the situation requires for drainage on their site. MOTION by Commissioner Stulberg, seconded by Vice Chairman MOTION TO APPROVE Pauba, to recommend approval of the Planned Unit Development Final Plan/Plat for Intra Financial Corporation, subject to those conditions as stated in the May 12, 1986 staff report. Commissioner Wire stated his support for the Motion on the basis that this area has been planned since 1977 to be developed with multi -family units. The developer has fol- lowed through with the original site design and approvals for the property. VOTE. 4 Ayes. MOTION carried. VOTE - MOTION CARRIED Vice Chairman Pauba introduced the request submitted by PATRICK L. FISTMAN Patrick Fistman for a Lot Consolidation/Division and Vari- LOT CONSOLIDATION/ ance. Reading of the May 12, 1986 staff report was waived. DIVISION AND VARIANCE (86051) MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the Lot Consolidation/Div- ision and Variance, subject to those conditions as stated in the May 12, 1986 staff report. VOTE. 4 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Stulberg, seconded by Commissioner *T.L.C. POLYFORM Wire to recommend approval for T.L.C. Polyform, Site Plan SITE PLAN AMENDMENT Amendment for the construction of a warehouse addition, (86054) subject to the conditions as listed in the May 12, 1986 *MOTION TO APPROVE staff report. VOTE. 4 Ayes. MOTION carried. VOTE - MOTION CARRIED Page 108 Planning Commission Minutes May 21, 1986 MINUTES MOTION by Commissioner Magnus, seconded by Commissioner Stulberg to recommend approval of the May 14, 1986 Minutes as submitted. VOTE. 3 Ayes. Commissioner Stulberg abstained. Coordinator McConn confirmed there would be no meeting on May 28, 1986. ADJOURNMENT Meeting adjourned at 10:25 P.M. MOTION TO APPROVE MAY 14, 1986 MINUTES VOTE - MOTION CARRIED THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS May 13, 1986 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Marofsky, Commissioners Quass, Mellen, Musatto and Anderson. Commissioner Cornelius arrived at 8:15 P.M. MEMBERS ABSENT: Commissioner Bigelow STAFF PRESENT: Associate Planner Al Cottingham and Building Official doe Ryan MINUTES MOTION was made by Commissioner Anderson, seconded by Commissioner Mellen to approve the April 8, 1986 Minutes. VOTE. 4 Ayes. Commissioners Quass and Cornelius abstained. NEW BUSINESS: Chairman Marofsky introduced the Board Members and reviewed the variance criteria as contained in the Zoning Ordinance. The request submitted by The Plymouth Civic League was introduced for a variance from the maximum square footage for promotional signs. The properties are located at 4445 Nathan Lane, 17340 Co Rd No 6, and 3005 Plymouth Boulevard as described in the May 2, 1986 staff report. Ms. LaVonne Sjoberg represented the Plymouth Civic League. Commissioner Musatto inquired why the Civic League was proposing these sizes of signs. Ms. Sjoberg stated it was the only size that was available from the companies they were dealing with. She went on to state that they had attempted to get 4 foot x 8 foot signs but could not find any available for that period of time. Commissioner Musatto inquired why the 4 foot x 8 foot signs were hard to get. Ms. Sjoberg stated that a number of the companies do not stock them since they are difficult to read and many cities allow signs larger than this. Commissioner Mellen inquired if the Civic League had used this size sign in the past. Ms. Sjoberg stated that they had; in fact last year they used a 4 foot x 8 foot sign at the Oakwood Elementary School site and the 12 foot x 25 foot sign at the First Bank Plymouth site. Commissioner Quass inquired of staff why the Ordinance allowed size was 32 square feet. Staff responded that when the Ordinance was amended in 1984, a 4 foot x 8 foot sign was deemed reasonable for displaying temporary noncommercial messages. =--G\,C:s MOTION TO APPROVE MINUTES OF APRIL 8, 1986 THE PLYMOUTH CIVIC LEAGUE. VARIANCE FOR MAXIMUM SQUARE FOOTAGE FOR PROMOTIONAL SIGNS --V^ -C\ V, Page two Board of Zoning Minutes May 13, 1986 Commissioner Quass inquired why the Civic League did not use other forms of advertisement. Ms. Sjoberg stated that they do advertise on the Cable Network and in the local newspapers; however, this does not reach all people. Many people would forget about the event if there were not a visual form of advertising throughout the City. Commissioner Quass stated he does not believe the Ordinance is creating the hardship regarding the signs they wish to use. Ms. Sjoberg stated that she agreed and they did not make that statement. Commissioner Anderson inquired if the League could advertise through the mail to better reach the residents. Ms. Sjoberg said that they do send out flyers in the City's Utility bills in May. Chairman Marofsky inquired why the League was not using the smallest proposed sign (6 ft. x 10 ft.) on each of the proposed sites rather than having three different sizes. Ms. Sjoberg informed them that the company with which they are dealing, does not make signs that small; this company is easy to deal with and they want to stay with this firm. Chairman Marofsky inquired of staff as to when the Sign Ordinance was adopted by the City. Staff responded that after the required Public Hearings, the City Council formally adopted the revised Sign Ordinance on September 24, 1984. Commissioner Mellen stated he felt he could approve this variance as submitted because it is an event that would benefit the whole community; if the Civic League were to use a 32 square foot sign it would not be easily visible and it would be detrimental to the community if people were not aware of the coming event. Chairman Marofsky stated that he had a tough time viewing this type event and organization differently than the Red Cross, political campaigns, etc.. Other non-profit organizations and events could also be viewed as "benefitting the whole community". The Board discussed the matter of who benefits from the signs and the matter of whether the signs really work in the advertising of this event. Commissioner Musatto inquired the cost that the Civic League would incur toward these signs. Ms. Sjoberg stated that they would be paying approximately $600 for two of the signs, which they would be renting from the Naegele Advertising Company; but she did not know the cost of the other sign. Chairman Marofsky noted that maybe the City should look at the possibility of revising the Sign Ordinance for this type of a situation. Page three Board of Zoning Minutes May 13, 1986 MOTION was made by Commissioner Musatto, seconded by MOTION TO DENY Commissioner Quass to deny the variance from the maximum square footage for promotional signs for property located at 4445 Nathan Lane, 17340 Co Rd No 6, and 3005 Plymouth Boulevard for the Plymouth Civic League for the reasons stated in the draft resolutions. VOTE 4 to 1. Commissioner Mellen voted Nay. MOTION carried. Chairman Marofsky reviewed the appeals procedure for Ms. Sjoberg and informed her that she had twenty days in which to submit an appeal in writing to staff, if she wished. The request would then be placed on the next available City Council meeting. The request submitted by Lynn Robertson and William Hardie was introduced for a variance from the maximum height of fences in the front yard for property located at 1115 Evergreen Lane North as described in the May 2, 1986 staff report. Mr. Hardie reviewed their request and noted that this fence would be constructed around the swimming pool they are installing. Commissioner Anderson inquired if the State Law requires a fence around a pool. Staff responded that State Law requires a five foot high fence around a swimming pool. Commissioner Quass inquired how the issue of this fence came about. Staff responded that the petitioner applied for a building permit in order to locate a pool in their back yard and staff noted the proposed location for the fence, would require a variance to be constructed. Commissioner Quass inquired as to how this pool was allowed to begin construction since they were in need of a variance for a fence. Staff responded that the petitioner could place a five foot high fence at the required setback which would meet code requirments. Commissioner Musatto commented that this property has different topography conditions in that the western portion of the site is much lower than the house. He went on to note that there is a hedge along the south property line and a four foot fence located where the proposed fence would be. Chairman Marofsky inquired what type of fence the petitioner would be constructing. Mr. Hardie stated that it would be a six foot high cedar board -on -board fence, setback twenty feet from the front property line. Chairman Marofsky inquired if the fence was being proposed in only the area just around the pool, or if it would extend to the westerly ninety feet of the lot. Mr. Hardie stated it would be around the pool only. VOTE - MOTION CARRIED LYNN ROBERTSON AND WILLIAM HARDIE. VARIANCE FROM MAXIMUM FENCE HEIGHT IN THE FRONT YARD Page four Board of Zoning Minutes May 13, 1986 MOTION was made by Commissioner Quass, seconded by Commissioner Musatto to approve the variance from the maximum height of fences in the front yard for property located at 1115 Evergreen Lane North for Lynn Robertson and William Hardie except over the westerly ninety feet of the lot, for the reasons stated in the draft resolution. Chairman Marofsky noted that the reasons behind granting of this variance, would be the topography of the site; the existing fence is located where the petitioner would be placing the new fence; and that a setback of 35 feet would create a safety problem considering the outside stairwell that goes down to the lower level of the house. VOTE. 6 Ayes. MOTION carried. The request submitted by Scott Linnell was introduced for a variance from the minimum building side and rear yard setbacks for property located at 9960 26th Avenue North as described in the May 2, 1986 staff report. Mr. Linnell asked that the Board table this item until later in the meeting since his builder was not yet present. The Board acknowledged Mr. Linnell's request and tabled this action until later in the meeting. =-q b MOTION TO APPROVE VOTE - MOTION CARRIED SCOTT LINNELL VARIANCE FROM MINIMUM BUILDING SIDE AND REAR YARD SETBACKS The request submitted by Gary Peterson was introduced for a GARY PETERSON. variance from the minimum side yard setbacks for property VARIANCE FROM MINIMUM located at 12115 26th Avenue North as described in the May BUILDING SIDE YARD 2, 1986 staff report. Mr. Peterson reviewed his request and SETBACKS the reasons for it. Commissioner Mellen inquired as to whether Mr. Peterson would be residing in this home or if it was to be built for speculation. Mr. Peterson responded that he would be residing in this home. Commissioner Mellen also inquired if Mr. Peterson owned land on either side of this parcel. Mr. Peterson responded negatively. Commissioner Musatto inquired why Mr. Peterson was trying to squeeze this house on a 50 foot lot instead of purchasing a wider lot. Mr. Peterson stated that he had liked this area due to the trees and pond; he believed it is a nice location for a home. Commissioner Quass stated the house should fit the lot since it is a new house, and could set a precedent for other 50 foot wide lots in the area. He asked the petitioner if he knew the Ordinance regulations before drawing the building plans. Mr. Peterson stated they knew the setbacks and they scaled the house down as much as they felt they could. That is why the request for a variance to have the 35 foot wide house instead of the 30 foot wide home. Page five Board of Zoning Minutes May 13, 1986 Commissioner Mellen observed this would set a precedent in this neighborhood, since there are more vacant 50 foot parcels. The Board discussed the topography of this lot and the grading and drainage. They noted the parcels on both sides of this lot were vacant and Mr. Peterson could investigate the possibility of purchasing an additional lot in order to build this particular home. MOTION was made by Commissioner Mellen, seconded by MOTION TO DENY Commissioner Musatto to deny the variance from the side yard setback for property located at 12115 26th Avenue North for Gary Peterson, for a two foot and three foot encroachment for the reasons stated in the draft resolution. Commissioner Quass noted that many homes in this area are on 50 foot wide lots with lesser setbacks than what Mr. Peterson would be requesting. The topography of this lot also makes for additional difficulties. Commissioner Cornelius disagreed with Commissioner Quass' statement and explained that to expand an existing home along an existing setback is one thing but granting a variance for new construction is another. VOTE. 5 - 1. Commissioner Quass voted Nay. MOTION carried. VOTE - MOTION CARRIED The request submitted by Scott Linnell was reintroduced. Mr. Linnell introduced Mr. Mike Welsh of Northwestern Builders who is the general contractor if this request is approved. Mr. Linnell reviewed his request and inquired if he were to expand the home upward, using the same building pad and not expanding any closer to the property lines, would they still need a variance. Staff responded that a variance would not be necessary in order to expand the dwelling upward, if the same walls were to be used as what now exits. Commissioner Mellen wondered if there is a significant cost difference between constructing a second floor or expanding the home to the front within the Ordinance required setbacks. Mr. Linnell stated there would be a major cost difference in that he would need footings for an addition from the front side. Commissioner Mellen inquired when the petitioner purchased this home and why he did not construct a new home. Mr. Linnell noted he had done remodeling to his existing home. The Board discussed the structural problems of the home and whether it was a cost effective measure to expand upward, instead of outward. Mr. Linnell submitted a revised set of plans showing a six inch encroachment into the rear yard setbacks in order to 9b Page six Board of Zoning Minutes May 13, 1986 construct a support wall for the second story and a six inch encroachment into the southeast corner of the existing home in order to place a support post for the second floor of this home. The Board inquired of Mr. Linnell which of the plans he was willing to use, since the Board would not review both sets at this time. Mr. Linnell informed he would withdraw the original plan and request a six inch encroachment along the north wall of the existing home, the removal of the 3 foot x 9 foot area that extends off the north wall and a six inch encroachment into the side yard in order to construct a six inch post at the southeast corner of this lot. The Board reviewed the new submittal and believed it was not that large of an encroachment over what the petitioner could do if he were to expand upward on the same walls of the existing home. MOTION was made by Commissioner Musatto, seconded by MOTION TO APPROVE Commissioner Anderson to approve the variance from the side and rear yard setbacks for property located at 9960 26th Avenue North for Scott Linnell, for an 11 foot encroachment into the rear yard setback and a 8.5 foot encroachment into the side yard setback for the reasons stated in the draft resolution. Commissioner Mellen noted there seems to be no hardship for this variance and did not see the difference between constructing a new wall for the second floor of this home or new construction of a new wall. The Board discussed what the Ordinance would allow without a variance for expansion upward, and better understood the points raised by Commissioner Mellen. VOTE. 3 - 3. Commissioners Mellen, Quass and Cornelius voted VOTE - FAILED Nay. MOTION failed. MOTION was made by Commissioner Cornelius, seconded by MOTION TO APPROVE Commissioner Quass to approve Mr. Linnell's original proposal for the reasons stated in the draft resolution. Chairman Marofsky stated he did not see a difference between the original proposal and the revised proposal. Commissioner Quass explained that the original submittal would allow the petitioner more living space in this home and felt that it was needed for the size of the home. Commissioner Musatto clarified what is the specific motion on the floor. Page seven Board of Zoning Minutes May 13, 1986 Commissioner Cornelius stated that the motion was to allow for the petitioner to square -up the home and construct the second floor as the staff report states. VOTE. 3 - 3. Commissioners Mellen, Anderson and Chairman Marofsky voted Nay. MOTION failed. MOTION was made by Commissioner Mellen to table this action until the next meeting to allow for the petitioner to re -work his application. Motion died for lack of a second. MOTION was made by Commissioner Quass, seconded by Commissioner Musatto to approve the variance from the side and rear yard setback for property located at 9960 26th Avenue North for Scott Linnell, for an 11 foot encroachment into the rear yard setback and an 8.5 foot encroachment into the side yard setback to construct a six inch wall along the rear side of the existing dwelling with the removal of a 3' x 9' area and the construction of a six inch post in the southeast corner of the home in order to support the second floor of the building for the reasons stated in the draft resolution. VOTE. 5 - 1. Commissioner Mellen voted Nay. MOTION carried. AIL WW IRNbFNT - The meeting adjourned at 10:05 P.M. VOTE - FAILS MOTION TO TABLE MOTION DIED MOTION TO APPROVE VOTE - MOTION CARRIED CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 13th day of May . 1986. The following members were present: Chairman ro s y, Commiss oners uass, Me1Ten, Musatto and Anderson The following members were a sent: iss oners ige ow and Cornelius Commissioner Musatto introduced the following Resolution and moved its a opt on: RESOLUTION NO. B 86-08 DENYING VARIANCE REQUEST FOR PLYMOUTH CIVIC LEAGUE, 4445 NATHAN LANE, HOLIDAY PLUS STORES (05-01-86) WHEREAS, The Plymouth Civic League has requested approval of a 40 square foot enlargement of the Ordinance allowed 32 square foot temporary sign requirements in order to place a temporary sign of 72 square feet in size; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for The Plymouth Civic League for a 40 square foot variance to allow a 72 square foot temporary sign on property located at 4445 Nathan Lane, Holiday Plus Store for the following reasons and subject to the following conditions: 1. The variance criteria have not been met. 2. A sign of 32 square feet could be placed on the property. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Quass , and upon vote being taken thereon, the following vote n favor t ereo . airman Marofsky, Commissioners Musatto, Ouass The following voted against or abstalned:Commissioner Mellen Whereupon the Resolution was declared duly passed and adopte Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 13th day of May . 1986. The following members were present:Chairman Marofsky, Commissioners Quass, Mellen, Musatto, and Anderson The following members were absent:Commissioners Bigelow and Cornelius Commissioner Musatto introduced the following Resolution and moved its adoption: RESOLUTION NO. B 86-09 DENYING VARIANCE REQUEST FOR PLYMOUTH CIVIC LEAGUE, 17340 COUNTY ROAD NO. 6, OAKWOOD ELEMENTARY SCHOOL (05-01-86) WHEREAS, The Plymouth Civic League has requested approval of a 28 square foot enlargement of the Ordinance allowed 32 square foot temporary sign requirements in order to place a temporary sign of 60 square feet in size; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for The Plymouth Civic League for a 28 square foot variance to allow a 60 square foot temporary sign on property located at 17340 County Road No.6, Oakwood Elementary School for the following reasons and subject to the following conditions: 1. The variance criteria have not been met. 2. A 32 square foot sign could be placed on this property. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Quass , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Musatto, Quass The following voted against or abstained: Commissioner Mellen Whereupon the Resolution was declared duly passed and adopted. = ':�k YJ CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 13th day of May . 1986. The following members were present: Chairman Marofsky, Commissioners Ouass. Mellen. Musatto and Anderson The f Bigelow and Cornerlius Commissioner Musatto introduced the following Resolution and moved its s were absent: Commissioners adoption: RESOLUTION NO. B 86-10 DENYING VARIANCE REQUEST FOR PLYMOUTH CIVIC LEAGUE, 3005 PLYMOUTH BOULEVARD, FIRST BANK PLYMOUTH (05-01-86) WHEREAS, The Plymouth Civic League has requested approval of a 268 square foot enlargement of the Ordinance allowed 32 square foot temporary sign requirements in order to place a temporary sign of 300 square feet in size; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for The Plymouth Civic League for a 268 square foot variance to allow a 300 square foot temporary sign on property located at 3005 Plymouth Boulevard for the following reasons and subject to the following conditions: 1. The variance criteria have not been met. 2. A 32 sq. ft. sign could be placed on the property. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Quass , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Musatto, Quass The following voted against or abstained: Commissioner Mellen Whereupon the Resolution was declared duly passed and adopted. _lb CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular-- meeting of the Board of Zoning Adustments and Appeals of the City of Plymout i�innesota, was held on the day of --- -May- - ---. 1986. The following members were present: Chairman-Maroscry, Commiss overs- uass;- llen;-Musatto;-Anderson-and-Cornelius-------------------------- ------------------------------- The following members were a sent: mm ss oner------- ge ow Commissioner-@uass - introduced the following Resolution and moved its adoption: RESOLUTION NO. B 86-11 APROVING VARIANCE REQUEST FOR LYNN ROBERTSON AND WILLIAM HARDIE, 1115 EVERGREEN LANE NORTH (05-02-86) WHEREAS, Lynn Robertson and William Hardie have requested approval of a front yard variance in order to construct a 6 foot high fence which would replace an existing fence in the required front yard where the Ordinance standard is 3 feet; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Lynn Robertson and William Hardie, for a variance to allow a 6 foot high fence at a 20 foot setback on property located at 1115 Evergreen Lane North for the following reasons: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by --------- Commissioner -Mulatto-------------- --, and upon vote being taken thereon, the -------- following e-------- 0 ow ng vote n favor thereof :- airman-Marofsky, Commissioners-@uass,- si atto, Mellen; -Anderson and -Cornelius ------------ -------------------- I ------------------ The ------------- The following voted against or abstained: -None---- --------- ---Whereupon the Resolution was declared duly passed and adopt; CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouti�, Minnesota, was held on the 13th - day of May . 1986. The following members were present: Chairman-Marofsky, Commissioners uass, llen, Musatto, Cornelius and Anderson The following members were absent:Connissioner-Bigelow Commissioner Mellen -introduced the following Resolution and moved its adoption: RESOLUTION NO. B 66-12 DENYING VARIANCE REQUEST FOR GARY PETERSON, 12115 26TH AVENUE NORTH (05-05-86) WHEREAS, Gary Peterson has requested approval of a 3 foot encroachment and a 2 foot encroachment into the Ordinance side yard setback of 10 feet in order to construct a 35 foot x 45 foot home; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Gary Peterson, for a 3 foot variance and a 2 foot variance to allow a 7 foot and 8 foot side yard setbacks in order to construct a new home on property located at 12115 26th Avenue North for the following reasons: 1. The variance criteria have not been met. 2. A narrower structure could be developed within the Ordinance standards. 3. The Ordinance standards of 10 feet were designed for substandard lots such as this one, and to vary from the standard would set an undue precedent. The notion for adoption of the foregoing Resolution was duly seconded by Commissioner Musatto , and upon vote being taken thereon, the following vote n favor thereof airman Marofsky, Commissioners Mellen,ski atto, Anderson and Cornelius The following voted against or abstained: Conme ss onerQuass Whereupon the Resolution was declared duly passed and adopted. = Cb CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymout , nnesota, was held on the 13th -- day of -May - 1986. The following members were present: Chairman -Ma—ro-TS-IFFT Comniss owners- uass;- llen;-Musatto;-Cornelius-and-Anderson-------------------------- ------------------------ The following members were a sent:- ommss oner- Bigelow Commissioner -@sass- - - - -- -- ---introduced the following Resolution and moved its a opt on: RESOLUTION NO. B 86-13 APPROVING VARIANCE REQUEST FOR SCOTT LINNELL, 9960 29TH AVENUE NORTH (05-03-86) WHEREAS, Scott Linnell has requested approval of a continuation of an 8.5 ft. encroachment into the Ordinance side yard setback of 10 feet and a continuation of a 14 foot encroachment into the Ordinance rear yard setback of 25 feet in order to construct a second story onto his existing home; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Scott Linnell, for a 8.5 ft. variance to allow a 1.5 ft. side yard setback and a 24 foot variance in order to allow for an 11 foot rear yard setback for property located at 9960 29th Avenue North for the following reasons: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by------------ -Commissioner-Musatto----------------- and upon vote being taken thereon, tie -------- following ------- 0 ow ng voted In favor t ereo : airman-Marofsky; - Commissioners -@uass; - is tto; Anderson -and -Cornelius ---------------------------------------------------------------- The following voted against or abstained:Commfss oner- en ------------------------- Whereupon the Resolution was declared duly passed and a opte . THIRTY-THIRD MLC OPERATING COMMITTEE ME Thursday, May 22, 1986 9:00 - 11:00 a.m. Edina City Hall MINUTES The Thirty -Third MLC Operating Committee Meeting was called to order at 9:10 a.m. by Tom Hedges, the MLC Vice Chair. Members Present: Jim Andre, Roseville; Linda Barton, Burnsville; Gary Dickson, Shoreview; Tom Hedges, Eagan; Dick Henneberger, Brooklyn Park; Carl Jullie, Eden Prairie; Jim Lacina, Woodbury; Don Lais, Maplewood; John Pidgeon, Bloomington; Doug Reeder, Maple Grove; and Ken Rosland, Edina. Also Present: Rich Forschler, Bob Renner and Deb Luebke from Larkin, Hoffman, Daly & Lindgren. Absent: Jim Miller, Minnetonka;. Mark Sather, White Bear Lake; Bob Schaefer, Inver Grove Heights;and Jim Willis, Plymouth. A motion was made by Henneberger and seconded by Lacina to approve the minutes from the previous 14LC Operating Committee Meeting. The motion passed unanimously. Dickson gave the Treasurer's Report. Jullie made a motion to approve the report which was seconded by Henneberger and was passed unanimously. Renner opened the discussion on the Haynes letter which solicited-MLC's, input and recommendations regarding. local government aid (LGA) and-,propert;� tax. In response to this letter the MLC Operating Committee decided -to call a meeting of the Local Government Finance Subcommittee to further discuss this matter and formulate a statement to be submitted to Haynes prior to May 31. The Subcommittee is scheduled to meet Tuesday, May 27 at 2:00 p.m. at Brooklyn Park City Hall. The Subcommittee members are: Barton, Dickson, Hedges, Henneberger, Milker, Pidgeon, Sather and Willis.` Other interested Operating Committee members are welcome to attend. Renner briefly discussed LGA amounts if the 1983 formula had remained in effect. A computer printout developed by House Research comparing 1986 and 1987 LGA amounts under the new formula versus the 1983 formula will be sent to the Operating Committee. Renner reported on tax increment finance (TIF) changes, summarizing a luncheon meeting he had attended where Senator Larry Pogemiller and Representative Bill Schreiber had addressed potential revisions of TIF during 1987. Pogemiller said the Senate planned to recodify all statutes relating to local government development including HRAs, IDBS, TIFs, etc. Schreiber said that in the future the emphasis must be on redevelopment rather than economic development. Schreiber said the House will tighten up TIF laws to eliminate some abuses that are occurring today. The Nominating Subcommittee's recommendations were presented to the Operating Committee by Henneberger. The Subcommittee recommended that Willis be nominated for the position of Vice Chair. Henneberger also made a motion that the Secretary/Treasurer serve a two-year term and that Dickson remain MLC's Secretary/Treasurer for an additional year. This motion was seconded by Reeder and was passed unanimously. This recommendation will be presented at the Annual Board Meeting in July. 33rd MLC Operating Committee Meeting Minutes May 22, 1986 Page 2 Forschler gave the report on the meetings held with the Cities of Minneapolis and St. Paul. Pidgeon, Forschler and Renner met with Lyle Schwartzkopf, Duke Addicks and Bill Bernhardt from Minneapolis. The representatives from Minneapolis were very receptive to working together with the MLC on certain issues even though they recognized that there were some differences on certain financial issues. Hedges, Lacina, Willis and Forschler met with Maureen Warren, Diane Lynch, Pat Connelly and an intern from St. Paul. The repre- sentatives from St. Paul were also receptive, but suggested that further discussions be held after the November elections when we know who the Governor will be. Minneapolis representatives felt it was important to get the message out that the state is already redistributing income from the metropolitan to the rural areas and that a statewide fiscal disparities program really isn't needed. It was felt that a new fiscal disparities formula should be proposed and that we should work together on this effort. Renner reported on the municipal organizations meeting that was held at the League of Minnesota Cities' office on May 12. An attempt was made to coordinate the research on issues of mutual interest to all municipal groups, however, no consensus was reached. One issue that was raised at this meeting was 1000 state funding for K-12 education. The two gubernatorial candidates supporting this concept are Perpich and Jennings. The Operating Committee was very concerned and interested in this issue and Larkin, Hoffman agreed to supply additional material on this topic for the June Operating Committee. Most MLC member cities plan bo attend the League of Minnesota Cities' Convention June 17-20 in Duluth. The MLC lobbyists also plan to attend. Barton presented the Seminar Subcommittee report. The suggested topic was local/state fiscal relations,and to possibly include discussion of the recently proposed K-12 education funding plan which was mentioned earlier in the Operating Committee Meeting. It was suggested that the conference open with a panel of experts, afterwards dividing the par- ticipants into small groups with assigned seating and group leaders. After these roundtable discussions the groups would report back to the conference as a whole and finally conclude the conference with a dinner speaker who would also act as a facilitator throughout the conference. The conference should include MLC elected officials, MLC Legislative Delegation, state officials, opinion leaders and other organizations. The recommendations from the Subcommittee were generally agreed upon. Rosland recommended that the purpose of"the Seminar be to expand MLC's role in policy formulation. The date of the Conference was scheduled for Thursday, October 9 at 3:00-7:00 p.m. to be followed by a dinner. Larkin, Hoffman agreed to supply the Operating Committee with additional background information that could be used to inform MLC city councilmembers prior to the event. MLC city elections will be reported in the June issue of Update. Other topics to be included in this issue were the Seminar and Mayor Lindau joining the gubernatorial race. The June Operating Committee Meeting was scheduled for Thursday, June 26 at the Edina City Hall at 9:00-11:00 a.m. The MLC Operating Committee was adjourned at 10:40 a.m. MUNICIPAL LEGISLATIVE COMMISSION FUND May 21, 1986 Assets Cash and Investments Accounts Receivable City of Bloamington TOTAL ASSETS Liabilities and Fund Balance ACCOUNTS PAYABLE: None $109,701.31 12,000.00 $121,701.31 $ 0.00 0.00 =-C�'\ C' Fund Balance - May 21, 1986 $121,701.31 TOTAL LIABILITIES AND FUND BALANCE $121,701.31 STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE FOR THE PERIOD JANUARY 1, 1986 - MAY 21, 1986 REVENUE - CITY CONTRIBUTIONS: Maplewood $ 8,493.00 Burnsville 12,000.00 Shoreview 6,342.00 Woodbury 4,056.00 Roseville 10,581.00 White Bear Lake 6,804.00 Plymouth 11,682.00 Minnetonka 12,000.00 Fagan 9,033.00 Maple Grove 8,337.00 Eden Prairie 7,218.00 Edina 12,000.00 Brooklyn Park 12,000.00 Inver Grove Heights 5,682.00 Total City Contributions $126,228.00 $126,228.00 MLC Financial Statements May 21, 1986 Page Two Media Services, Inc. Larkin, Hoffman, Daly & Lindgren Radisson Inn Plymouth Media Services, Inc. Larkin, Hoffman, Daly & Lindgren Larkin, Hoffman, Daly & Lindgren Media Services, Inc. Media Services, Inc. Larkin, Hoffman, Daly & Lindgren TOTAL EXPENDITURES Revenue Over (Under) Expenditures Fund Balance - January 1, 1986 Fund Balance - May 21, 1986 $ 516.11 10,518.56 178.13 504.84 11,970.84 10,750.00 500.00 507.25 14,377.79 $ 49,823.52 $ 76,404.48 45,296.83 $121,701.31 '�A' C-.' =_q d �,y 1 MINUTES OF THE QUARTERLY MEETING, OF t THE SUBURBAN RATE AUTHORITY 1� • ''' �.: ; i.;' April 16, 1986 Pursuant to due call and notice thereof, the quarterly meeting of the Suburban Rate Authority was held at the Ambassador Motor Hotel in the City of St. Louis Park, Minnesota, on Wednes- day, April 16, 1986, commencing at 6:30 p.m. 1. CALL TO ORDER: The meeting was called to order by the Chairman, Graydon Boeck. 2. ROLL CALL: Upon roll call, attendance was found to be as follows: Bloomington Brooklyn Park Columbia Heights Edina Hastings Hopkins Lauderdale Maplewood Minnetonka New Brighton North St. Paul Osseo Plymouth Richfield Roseville Savage Shoreview John G. Pidgeon Graydon R. Boeck Bruce Nawrocki Edward Carlson John Wallin J.N. Dalen Gary E. Brown John J. Strojan Nora Gille Don Lais Donald Asmus Robert DeGhetto Henry Sinda Glen Anderson Catherine Goth Frederick Moore Don Hassenstab Charles Honchell Mark H. McNeill David P. McGraw Also present were Bill Craig, City Manager for West St. Paul, and SRA attorneys, Clayton LeFevere and Glenn Purdue. 3. APPROVAL OF MINUTES: The Minutes of the meeting of January 15, 1985, were presented for approval. It was noted that Mr. McGraw's name was misspelled. It was moved by Mr. Brown, seconded by Mr. Moore that the Minutes be approved. Carried unanimously. 4. TREASURER'S REPORT: Mr. Wallin gave the Treasurer's Report, a copy of which is attached to the Minutes. He noted that the total contributions received from cities supporting the 1985 NSP Electric Case is $33,778.65. The total billed to supporting cities is $34,705. 5. CLAIMS: The following claims were presented by Mr. Wallin:. 1) LeFevere, Lefler, Kennedy, O'Brien & Drawz for legal services through March 31, 1986: Fees and Disbursements 1985 NSP Rate Case: Fees $10,100.00 Disb. 2,754.55 MPUC Legislation: Fees 2,437.50 Disb. 13.20 Intrastate Access: Fees 1,706.25 Disb. 203.63 Electric Franchise: Fees 131.25 General: Fees 10,986.25 Disb. 252.90 2) For NSP 1985 Rate Case: Dahlen & Hoedeman Fees $14,958.00 Dahlen & Hoedeman Disb. 179.00 3) Board of Water Commissioners $ 7,500.00 It was moved by Mr. Lais, seconded by Mr. Honchell that the Treasurer's Report be accepted and that the claims be paid as submitted. Motion was approved unanimously. 6. COMMUNICATIONS: The Chairman reported that Counsel had prepared letters to those metropolitan area cities which were supporting the SRA Electric Case, but which are not members, inviting them to become members with a waiver of their first year dues. He welcomed Mr. Craig, representing the City of West St. Paul, which has agreed to contribute $926.35 to the NSP Electric Case. The other cities invited to become members of the SRA through their contributions to the rate case are: Crystal Forest Lake Mahtomedi Maple Grove Oakdale Tonka Bay 7. RESOLUTION HONORING J.N. DALEN: Chairman called on Mr. LeFevere, who gave an extensive history of the work of the SRA and its predecessors. He noted that of those present at the meeting, Mayor Bruce Nawrocki and former secretary -treasurer, J.N. Dalen, were on the original SRA Board of Directors in 1962. 2 S: C� 8 - In 1965, Mr. Dalen became Assistant Treasurer, while Mr. Nawrocki was Treasurer. In 1966, Mr. Dalen became treasurer of the SRA and served continuously until the 1986 annual meeting. The Board recognized Mr. Dalen's contribution of 23 years of Board member- ship and 21 years as an officer. On behalf of the Board, Mr. LeFevere presented Mr. Dalen with a plaque which read as follows: J.N. DALEN In Honor of Twenty -Three Years of Service to the Suburban Rate Authority as a Member of its Board of Directors and for Twenty -One Years as an Officer of the Board, RESOLVED: That J.N. Dalen be Awarded the Title PRODIGIOUS SECRETARY -TREASURER EMERITUS Said Title to be held in perpetuity. Given by the Board of Directors of the Suburban Rate Authority April 1986 The Board congratulated Mr. Dalen for his unswerving dedication to the work of the organization. Mr. LeFevere noted that he could recall only two meetings which Mr. Dalen had missed during the 23 years. Mr. Dalen will continue as the alternate director from the City of Edina. 8. UNFINISHED BUSINESS: Northwestern Bell Access Charge Case. Mr. Purdue reported that the Public Utiities Commission had denied North- western Bell's request to impose a monthly access charge on all Bell customers. The company had proposed an access charge of approximately $2.00 per month per customer, and had scaled the charge according to the -ratios between the tiers in the tier system. SRA argued that there should be no access charge and secondly, that if there were an access charge, it should be a flat rate across the metro area. The Administrative Law Judge recommended an access charge but agreed with the SRA that the tier system should not be used. The Commission determined there should be no access charge and the case appears to be closed. Uniform Electric Franchise. Mr. Purdue reported that discussions with NSP are continuing and that he expects a Uniform Franchise will be presented to the Board for approval at its July meeting. A committee consisting of Fred Moore, Graydon Boeck and Fran Hoffman (Public Works Director for Edina) and counsel are working on the franchise. 3 Legislation Regarding MPUC. Mr. Purdue distributed a memorandum regarding MPUC legislation. He reported that he appeared before the Senate and House committees which considered the various bills and that the appearances resulted in several favorable changes. 1985 NSP Electric General Rate Case. Mr. Purdue then reported on the progress in the 1985 rate case. He reported that a memorandum report had been sent to the non-member cities which contributed to the SRA effort. A copy of the memorandum is attached to the Minutes. He then reported that the Administra- tive Law Judge has issued the first part of his recommendations to the Commission and that the second part of his report will be made by April 22. The case will now go to the full Commission for decision, following briefing to the Commission by the par- ties, and oral argument on May 12. He reported that the Adminis- trative Law Judge had not agreed with SRA concerning the fuel inventory issue and amortization of the conservation expenditure costs, but that several other issues on which SRA took a position had been recommended favorably. He expressed optimism that the Commission would overrule the Law Judge on the fuel issue. The Commission's order will be issued by approximately May 31. MWCC Rate -Structure Legislation Mr. Boeck reported on the status of the legislation to implement the recommendations of the MWCC rate structure task force. Several areas were addressed in the recent session and no violence appears to have been done to the work of the task force. 9. NEW BUSINESS: Chairman Boeck reported that the Execu- tive Committee had considered NSP's recent filing for an increase in its gas utility rates. These rates affect several SRA members in St. Paul suburbs. He reported that the Executive Committee recommended that counsel be directed to review tha filing and report to the Executive Committee as to whether an intervention might be appropriate to protect the interests of those SRA members affected. After some discussion, it WV* moved by Mr. McGraw that counsel be directed to review the 99? gas filing and to recommend a course of action to the Execut}ye Committee and further that the Executive Committee be authori/,Od to act on behalf of the Board concerning intervention. Thq Motion was seconded by Mr. Sinda. After additional discussiorfii it carried unanimously. Mr. Boeck and counsel then presented a propos64 1987 budget. Chairman Boeck reported that the Executive Committ-qq had consid- ered the budget and had recommended several modifif%ations to the draft. Mr. Purdue also reported on the proposal. After discus- sion, it was moved by Mr. Lais, seconded by Mr. N&Wrocki that the 1987 assessment be placed at $350 per vote and that the draft budget be forwarded to members in accordance with the By -Laws. The Motion carried unanimously. 2 10. ADJOURNMENT: The Chairman reported that was no other business to come before the meeting. Mr. Brown moved to adjourn. The Motion was seconded by Ms. Goth and was carried unanimously. Attest: Chairman Secretary 6•i -Z QLa„ April 16, 1986 Proposed 1987 Suburban Rate Authority Budget 1986 Assets: Cash and Investments (3/31/86) Receivables (Assessments) Interest Income Less Adjustment (uncollected assessments) TOTAL Anticipated 1986 Expenses: 1985 NSP Electric Case $ 29,900 SRA Uniform Electric Franchise 2,500 Intrastate Access Charge (NW Bell) 1,910 MPUC Legislation 2,450 General (Fees and Disbursements) 11,600 Contribution to Municipal Pumping Rate Case 7,500 MWCC, Miscellaneous 60,000 80,310 18,820 2,400 (5,000) $ 96,530 TOTAL $ 61,950 Anticipated Year -End Position $ 34,580 1987 Assets: Carryover $ 34,580 Membership Assessment (@ ;350/vote)* 54,950 TOTAL $ 89,530 Expenses: General Matters - Fees $ 13,000 General Matters - Disbursements 3,600 1987 NSP •:lectric Rate Case (Fall 1987) 10,000 1987 Northwestern Bell (Tier System) 10,000 MPUC Legislation 1,500 MWCC, Other Projects 10,000 Gas Utility Rate Cases 10,000 Contingency Fund 41430 ;(62,530) Reserve: 27,000 *1984 Assessment was $245.40 per vote 1985 Assessment was $368.10 per vote 1986 Assessment was $200.00 per vote SUBURBAN RATE AUTHORITY ANALYSIS OF CHANGE IN CASH BALANCE SAINT LOUIS PARR, MINNESOTA FOR THREE MONTHS ENDED MARCH 31, 1986 Balance at January 1 1986 Additions Interest income $ 537.71 Sale of investments 14,462.29 Special Assessments - 1986 - See Schedule attached for details 17,000.00 Special Assessments - NSP Rate Case 27,794.55 -r 7c�ci $ 10,321.66 59,794.55 $ 70,116.21 Deductions: Accounts payable: LeFevery, Lefler, Kennedy, O'Brien and Drawz $ 14,473.23 Dahlen and Hoedeman & Co. 26,669.00 Dinner - guests 30.00 41,172.23 Balance at December 31, 1985 = $ 28,943.98 Note A: The breakdown of legal costs are as follows: General $ 21688.91 Metropolitan Waste Control 225.75 SRA Electric Franchise 343.75 Northwestern Bell 3,744.34 Northern States Power 7,470.48 $ 14,473.23 INVESTMENTS U.S. Treasury Bills-Discount-Aug.7, 1986 13,981.00 U.S. Treasury Bills -Discount -Sept. 4, 1986 37,389.19 COST $ 51,370.19 FACE VALUE $ 55,000.00 SUBURBAN RATE AUTHORITY STATUS OF ASSESSMENTS RECEIVABLE SAINT LOUIS PARR, MINNESOTA As of December 31, 1985 BALANCE VOTES ASSESSMENT PAID DUE Bloomington 17 3400.00 1700.00 1700.00 Brooklyn Center 7 1400.00 0.00 1400.00 Brooklyn Park 9 1800.00 1800.00 0.00 Burnsville 8 1600.00 800.00 800.00 Champlin 2 400.00 0.00 400.00 Circle Pines 1 200.00 200.00 0.00 Columbia Heights 5 1000.00 500.00 500.00 Deephaven 1 200.00 100.00 100.00 Eden Prairie 4 800.00 400.00 400.00 Edina 10 2000.00 1000.00 1000.00 Fridley 7 1400.00 1400.00 0.00 Greenwood 1 200.00 100.00 100.00 Hasting 3 600.00 300.00 300.00 Hopkins 4 800.00 400.00 400.00 Lauderdale 1 200.00 100.00 100.00 Maple Plain 1 200.00 200.00 0.00 Maplewood 6 1200.00 0.00 1200.00 Minnetonka 8 1600.00 1600.00 0.00 Minnetrista 1 200.00 100.00 100.00 New Brighton 5 1000.00 1000.00 0.00 North St. Paul 3 600.00 600.00 0.00 Orono 2 400.00 200.00 200.00 Osseo 1 200.00 200.00 0.00 Plymouth 7 1400.00 0.00 1400.00 Richfield 8 1600.00 800.00 800.00 Robbinsdale 3 600.00 600.00 0.00 Roseville 8 1600.00 1600.00 0.00 Shakopee 2 400.00 400.00 0.00 Shoreview 4 800.00 400.00 400.00 Savage 2 400.00 200.00 200.00 Spring Park 1 200.00 100.00 100.00 St. Louis Park 9 1800.00 0.00 1800.00 Vadnais Heights 2 400.00 0.00 400.00 Victoria 1 200.00 0.00 200.00 Wayzata 1 200.00 200.00 0.00 Woodland 1 200.00 0.00 200.00 $ 31200.00 $ 17000.00 $ 14200.00 SUBURBAN RATE AUTHORITY SPECIAL ASSESSMENTS - NON MEMBERS NORTHERN STATES POWER - RATE CASE For three Months Ended March 31, 1986 City of Maple Grove City of St. Paul City of Sartell City of Forest Lake City of Waite Park City of Mahtomedi Saint Paul Public Schools TOTAL TOTAL COLLECTED TO DATE OWING 1985 ASSESSMENT City of Brooklyn Center City of Vadnais Heights City of Woodland $ 1,026.25 20,000.00 171.35 229.80 174.60 192.55 6,000.00 $ 27,794.55 $ 33,778.65 $ 2,576.70 736.20 368.10 $ 3,681.00 q e District 281 Community Education and Services RfcF��-r Compliance Meeting k4y clrr /; 28 Thursday, May 8, 1986 �., Utr jj;rijrLr 4148 Winnetka Avenue North Cedar Room Present: Tom Aaker, Crystal; Mary Anderson, Golden Valley; William Bergquist, District 281; Erik Blank, Plymouth; David Crain, Plymouth; Dan Donahue, New Hope; Helaine Freeman, CES Advisory Council; Betty Herbes, Crystal; Ryan Schroeder, Robbinsdale; Carroll Vomhof, District 281; Dawn Wanous, CES Advisory Council The meeting was called to order at 4 p.m. by Mr. William Bergquist in the chair. Mr. Bergquist advised those in attendance that two school board members would not run for re-election May 20. Consequently, the outcome of the elections may have an impact on all seven communities. Each member in attendance introduced himself/herself to the others. A video tape giving an overview of the programs provided by District 281 Community Education and Services was shown. In response to a question as to how the district identifies needs in the community, Dr. Vomhof, director of community education and services, replied that they are in the process of using a consultant to do a needs assessment. The approach is to identify needs rather than develop programs in the hopes that the need may be there. There was discussion of community education's funding. They have been using up their reserve in the last three to four years and after 1986-87 there will be a zero reserve in community education's budget. Staff have been cut from some programs to help balance the budget but no programs have been cut completely. Phase 3 of strategic planning is in process and it is hoped that the process will show where community education will be going in the future. This last year the state allowed the district to levy for early childhood family education. State aid for the handicapped program this year is $12,500 which is matched by a levy of $12,500. For 1986/87 the maximum of $25,000 will probably be levied and this will be matched by $25,000 from the state. $5.35 is the amount which may be levied for the general community education levy. Adult basic continuing education and the GED program is a new levy. For the 1987/88 school year, one-tenth mill, approximately $65,000, may be levied for adult basic education. For parenting Community Education =- 9 'e Compliance Meeting May 8, 1986 Page 2 classes, $349,000 was levied for 1986-87. The total of all levies for 1985-86 for community education is $1,174,000, of which almost $325,000 is for summer school. It was reported that community education has a good working relationship with Courage Center and with Trevilla. Correction: At the Government Advisory Council meeting held April 10, 1986, Dr. Vomhof stated that a significant number of children were excluded from Adventure Club because their parents could not afford the fees. While this is true of the Creative Play program, only one or two children could not attend Adventure Club because they did not fall under any of the guidelines through which the fees could be paid. Mr. Bergquist reported on communications with the City of Robbinsdale concerning the Robbinsdale Junior High and the Robbinsdale Senior High School buildings and the city's suggestion that committees should meet to discuss moving the programs from the junior high building to the senior high and selling the junior high. The school board at this stage would prefer that the entire board meet with the entire city council and an invitation to this effect will again be extended to the City of Robbinsdale. Mr. Ryan Schroeder, representing the City of Robbinsdale, stated that two recent attempts to sell the senior high building have been turned down at the planning commission level and the city would like to see two committees meet to find out what is realistic. They feel that more could be accomplished in this way than if both council and board meet in a public forum. Mr. Bergquist's concern is that a process be established which is fair to both groups. The question is complex and selling the junior high would have ramifications for many programs. Mrs. Mary Anderson, Mayor of Golden Valley, asked about whether the board had considered the tax increment financing issue. Mr. Bergquist replied that the board has not had a thorough discussion of this subject; it has not been a problem for the district and the business office has a close understanding with the communities to levy for some time. In reply to a question regarding a gubernatorial candidate's wish to have education financed at the state level, Mr. Bergquist stated that he does not believe that it can happen as traditionally education has been financed through property Community Education Compliance Meeting May 8, 1986 Page 3 taxes and there would be too much opposition to changing that. Mr. Eric Blank, representing Plymouth, thanked the district for the use of its facilities and for the cooperation of the community education and facilities department. Dr. Vomhof thanked Mr. Dan Donohue for calling the district's attention to and including the costs of street improvements in the lease with Osseo for Sunny Hollow Elementary school. Mr. Bergquist congratulated the City of Brooklyn Center for receiving the All American City award. The meeting adjourned at 5:15 p.m. =_j24:! NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION MEETING MINUTES FEBRUARY 20, 1986 - 7:30 AM Brooklyn Park Studio The regular monthly meeting of the NWSCCC was held on Feb. 20, 1586 and was called to order by Chairman Irving. Commissioners present: Jack Umland, Erick Engh (Brooklyn Park) ; Tom Aaker, Jack. Irving (Crystal) ; Ray Stockman (Golden Valley); Lee Mehrkens (Maple Grove); Mary Gwin-Lenth, Dan Donahue (New Hope); Richard Settler, Lawrence Sulliven (Osseo); Virgil Schneider, James Willis (Plymouth) ; Bill Blonigan, Walter Fehst (Robbinsdale). Commissioners absent: William Hawes, Gerald Splinter (Brooklyn Center); Jeff Sweet (Golden Valley); Joyce LeClaire (Maple Grove) . Associate members present: Gary Nunn (School District :::84); Bill Shragg (School District 275). Staff present: Greg Moore (Executive Director); John Gibbs (Commission Attorney). Others present: John Eddy, Cathy Wilary. Chairman Irving introduced two new Commissioners ---Erick Engh representing Brooklyn Park and Lee Mehrkens representing Maple Grove. egenda Item II - Consent Items It was moved and seconded to approve the consent items as fellows: the minutes from the Jan. 16, 1586 meeting, the attorney's bill in the amount of $804.65, and the list of ex- penses and disbursements. Motion carried. Auerida Item III,1 - Nenotiatin❑ Committee Report Commissioner Willis, Chairman of the Negotiating Committee, in- formed the Commission that the committee has met with company representatives but that there is not much progress to report. He said that the Executive Director and Commission Attorney have been consulting with the company and a revised counter -proposal was received from the company. The committee has reviewed this proposal and has advised that it is not acceptable. Commissioner Willis said that the company has been asked to submit another proposal that is more responsive to the Commission's position in this matter, and if we do not receive this shortly, the committee will have little option but to recommend to the Commission that ether measures be taken to enforce the provisions of the Franchise. Commissioners Blonigan said that since ane of the members of the Negotiating Committee had resigned, he felt it would be in the best interest to appoint another Commissioner to that committee. Chairman Irving agreed and asked if there was a volunter, other- wise he would appoint someone. =_'C� Anenda Item III.Q - Consideration of staff recommendation regard- i_no 1986 construction The Executive Director reported that in an attempt to avoid schedule conflicts and to provide information to individual cities and to the Commission, a plan had been drafted regarding 198S construction plans. He said that this plan consisted of the following: 1) that company representatives meet with each city individually and develop a specific plan for that city for 1986 construction; and 2) these individual plans be rep=orted back to the Commission and be adopted by the Commission. He said that this then would became the 1986 construction schedule, and the company would be assured of finding those areas which meet the 35 Homes. per mile formula, the cities will be involved in the con- struction process, and the Commission will be informed of what is being One. Chairman Irving asked if the Company was aware of this recommendation, and the Executive Director said that he had dis- cussed it with John Eddy. Mr. Eddy said that the company had no problem with this recommendation. When asked if the city managers would be made aware of any con- struction going on in their cities, the Executive Director answered that company representatives will meet with city employees and the city managers will be aware of there meetings so that there is knowledge of what is gaming to be done in each city. Agenda IV - Reports Chairman Irving asked if there were any comments on the reports. Mr. Eddy called the attention of the Commissioners to the fact that this is the second month in a row that no complaints have been received by the Commission office. Attorney Gibbs reported that no cable bills have been introduced in this legislative session and that he had been advised that both bodies plan to leave cable alone this session. He said that several issues are still pending at the federal level. At this time the Executive Director announced that groundbreaking for the new community television center would be held at SAM and invited the Commissioners to attend. Discussion was held regarding premium services and what the com- pany is doing and what they can do to increase pay service subscribers. There being no further business, it was moved and seconded to ad- journ the meeting_. Motion carried. CITY OF., PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 Time Expenditure (Hours): 10 Tags Issued: 16 Verbal Warnings 2 *Vehicle traffic very heavy. Officer unable to obtain accurate number of vehicles and speed readings. However, 6 citations were written during this assignment. MEMO Date: May 27, 1986 To: Richard J. Carizluist, Public Safety Director From: Lieutenant Mel Solberg Subject: Selective Traffic Enforcement Case #86-4 Five stationary radar assignments have been completed in response to the speeding complaints on County Road #15 between Vicksburg Lane and Carlson Parkway. The results are as follows: MPH 20/Less 20/25 26/30 31/35 36/40 41/45 46/50 66/70 May 19 - 1500 - 1700 Cars/Misc. 50 102 85 9 1 1 Trucks/Buses 6 28 26 6 May 20 - 1600 - 1800 Cars/Misc. 6 59 228 149 74 3 Trucks/Buses 3 1 May 21 - 1500 - 1700 'Cars/Misc. 30 155 130 220 25 2 Trucks/Buses 2 8 19 1 May 22 - 0700 - 0900 May 22 - 1600 - 1800 48 360 335 18 4 Cars/Misc. 1 Trucks/Buses Summary: Totals Cars/Misc. 36 312 820 789 126 10 1 2094 Trucks/Buses 2 14 47 30 8 101 1.7% 14.9% 39.5% 37.3% 6.1% .5% Time Expenditure (Hours): 10 Tags Issued: 16 Verbal Warnings 2 *Vehicle traffic very heavy. Officer unable to obtain accurate number of vehicles and speed readings. However, 6 citations were written during this assignment. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 30, 1986 TO: City Manager James G. Willis FROM: Community Development Director Blair Tremere 4_ SUBJECT INITIAL DEVELOPMENT ANNOUNCEMENT SIGNS The first City development announcement signs are to be erected by Friday, May 30, 1986. They will be at the following locations: 1. The southwest corner of Harbor Lane and Fernbrook Lane 2. The northeast corner of Campus Drive and Northwest Blvd. 3. 510 Berkshire Lane Community Development Coordinator Sara McConn has worked closely with Public Works Director Fred Moore and we believe the signs will be effective. Associate Planner Al Cottingham and Sara McConn did a fine Job, in my estimation, in designing the sign and working with Fred Moore to establish a system for assuring that the signs are erected at the proper locations at the proper time. We will be monitoring this during the season and will be preparing a report for the City Council next year as to our observations as to the effectiveness of the signs. BT/gw Community Improvement Reminder I have noticed a problem with: -�� C Resident has noticed a problem with: .13<1_ Street/Potholes Watermain/Hydrant_ Brush/Weeds/Trees_ Filling/Excavating Drainage dunk Cars Traffic ar ng Violation Garbage/DebrTs Traffic/Street Sign/Signal-- Erosion/Dirtytreets Dead Animals in street_ Broken/Damaged Equipment Sign Streetlight Other Description Location Your name Resident's Nam Address (%bl0i Phone j All" � �/fl� �,�1-cA� Dat e Community Improvement Reminder I have noticed a problem with: Resident has noticed a problem wi—'th: Street/Potholes Watermain/Hydrant Brush/Weeds/Trees Filling/Excavating Drainage Junk Cars Traffic arking Violation Garbage/Debr s Traffic/Street Sign/Signal-- Erosion/Dirtyt-Teets Dead Animals in street Broken/Damaged Equipment Sign Streetlight_ Other Description 4--)1%y7AVOn o � -.,6, /)n. n„ / L. („ 1�1/_ --rf- . Your name Al A , -. ( JIM - Resident's Name d' Date 2 444-3$;�O Qa 0 W e_ 0%34W " WSJ— Community Improvement Reminder I have noticed a problem with: - Resident has noticed a problem with: Street/Potholes Brush/Weeds/Trees Drainage Trafficarking Violation Traffic/Street Sign/Signal-- Dead Animals in street Sign Other Description Location A Your name Watermain/Hydrant Filling/Excavating Junk Cars Garbage/Debris Erosion/Dirtytests Broken/Damaged Equipment Streetlight t o -2 -of Resident's Name address/f3 / Mo N Phone L1'123 - ��/6 S-4 - ra-�9 x 0 -I-, \;;0. w E •0 c L O } u r_ N E OL �� • i]1- � x Q' ai O C L Q N L N > • s � x a� r .1� 0 mE W N O c O v) -'" f/ v0)loa)C� E CU MO C .w w, O ^-� GJ W 'j O O L ` •• '0 •� O R7 L L C 3 ti Muuimtn Qi -+ > C •• E O r a> CL 3 0 L E a C lu O c c '0 V) U C 0-0 —4 a� U O C L — d U • 1 pi N � •-a N C O N U Qi C C U L C .� • 4 U N O Y y N 10 c N L L •-•1 C EOL fit) < O E •O c C a U U '0 —4 .,, Q ..a V > U r C 4- 4- (r Ln '0 •-a U N 4- "0 C 4J U L N L 7 '0 u •0 T Q) r N U L L U •.- y y = NmOF-f-mV) O O x 0 -I-, \;;0. w E •0 c L O } u r_ • • on F' e, I Wil Community improvement T 1 mac` / I<jYL, Ramindar I ' i) I have noticed a problem with: w Resident has noticed a problem Street/Potholes__ Brush/Weed / tees Drainage Traffic[Parking Violation Traffic/Street Sign/Signa Dead Animals in street__ Sign Other-f,C�� 22 � treets f Broken/Damaged Equipment_ Streetlight__ Your name Watermain/Hydrant__ Filling/Excavating__ Dunk Cars Garbage/Deb isr Erosion/Dirty Date_ Resident's Name Phone Address ,T-7 ao. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 28, 1986 TO: dames G. Willis, City Manager FROM: Bob Zitur, Councilmember SUBJECT TRAILS/BIKE PATHS I received a communication from Mrs. Maus on 40th Avenue over the weekend. She was concerned that back in 1975 she already asked for a bike path or trail on Fernbrook. We've also had Mr. Delle de Boef's request on County Road 6, and then, of course, the County Road 15 people, and there are problems on County Road 9, and so on. Is there any system that staff can come up with to prioritize these areas of need in the city so that when it comes time for the Council to decide who gets what, that we have something on paper. Another idea might be to establish a task force to assist us in addressing all the problem areas in the City. Thank you. BZ:Jm CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 28, 1986 TO: dames G. Willis, City Manager FROM: Bob Zitur, Councilmember SUBJECT SNOWPLOWING - AREA COVERING 494 TO COUNTY ROAD 18, COUNTY ROAD 9 TO COUNTY ROAD 10 Since this area is now quite developed, I feel it is time to look at placing this area under the City's jurisdiction, namely City snowplows. In the past, I have been told that possibly three snowplows would be needed. Would it be possible to have coordination between departments where the ice rinks could wait for a day, etc., so some individuals could man these snowplows. The other alternative would be, of course, to divide the City into quadrants and have the city plows move around and put Begin and/or U.D. in another area of the City, which I don't think is fair anyhow. Can we come up with some solution to get this area under City snowplowing possibly next year. Thank you. BZ:jm Community Improvement Reminaa, I have noticed a problem with: l Resident has noticed a problem with.x Street/Potholes Brush/Weeds/Trees Drainage Traffic arking Violation Traffic/Street Sign/Signal— Dead Animals in street Sign Watermain/Hydrant Filling/Excavating Junk Cars Garbage/Debris Erosion/Dirty greets__ Broken/Damaged Equipment__ Streetlight Other De s c r i p t i o n J) -JMAA �4LJ4 '- ) • 7fr�I�L/ll.G/7LI,I�.�� Your name/1161(,�( l!(.CtAL� Dates Resident's Name Address L7 G1/ Phone R v. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 29, 1986 TO: City Manager dames G. Willis FROM: Community Development Director Blair Tremere SUBJECT COMMUNITY IMPROVEMENT REMINDER CARD FROM COUNCILMEMBER VASILIOU: WOOD PILE AT 3130 URBANDALE This is in response to your May 28, 1986 memo. Councilmember Vasiliou submitted a Community Improvement Reminder Card on behalf of Mr. Gary Nunn, who lives at 18330 31st Avenue North. The Reminder Card describes the situation as "an enormous wood pile" and the inquiry is whether it is allowed. The City Code does not regulate wood stockpiled for domestic use in residential fire places or other wood burning devices. The Zoning Ordinance permits accessory uses which are incidental and secondary to the permitted use; traditionally the stockpiling of fire wood has been viewed as such an accessory use. I personally investigated this matter and met with the residents of 3130 Urbandale. They are a retired couple who recently moved to this house from their former home near Carlson Company headquarters where they lived for 38 years. New development in that area required NSP to cut a number of mature oak and other hardwood trees. The resi- dents decided to bring as much of the wood with them to use in the fireplace of their new home. They also obtained a quantity of other lumber which is piled next to the stacked logs and which, from outside the yard, gives the appearance of debris. The husband is cutting that lumber into small pieces which can also be stacked with the tree logs and he hopes to complete this task in the near future. When the cutting and stacking is complete, there will be a substantial quantity of wood. It is being stacked on pallets and it is being held in place by metal stakes. Both the husband and wife were sensitive to the appearance of the piled wood and they appreciated that neighbors might be concerned with the aesthetics. There is no intent to sell or otherwise distribute the wood. It is for use at this location by the residents. I advised Fire Inspector Stan Scofield of the situation and I will recheck the site. BT/gw cc: File Christianson Electric P.O. Box 2273, Fargo, ND 58108, Phone (701) 232-5266 May 17, 1986 Plymouth Police Department Attention: Police Chief 3400 Plynouth Blvd. Plymouth, Mn. 55447 Dear Sir: We had an accident in Plymouth last Wednesday, May 14th. A Ryder truck hit our pickup and a car that we were towing, near the 494 Sinclair station. Officer Larry Holzerland, Badge # 113, answered the call to the accident scene. We would like to express our appreciation to him for being very helpful, cooperative and courteous. He was a big help. If he is a typical Plymouth policeman, the police department is a credit to your community. Thank you ! EC/ac Sincerely, Eldon Christianson CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 28, 1986 TO: James G. Willis, City Manager: Dick Carlquist, Public Safety Director FROM: Bob Zitur, Councilmember SUBJECT DETECTIVE LUKE WAY As you know, our family has been involved for some time with a problem which ended up in court. I wish to commend Luke Way for the excellent way he has handled this situation. His calm, collective behavior has certainly been a great aid to our family in this very difficult situation. I wish also to thank other Public Safety employees involved in this case. At this time we do not know if it will be appealed, but I wish to also add that City Attorney Jim Stromen did an excellent Job in court representing the City. Thank you. BZ:Jm ck., May 17, 1986 Councilmembers Crain, Sisk, Vasiliou & Zitur City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Councilmembers: CZ l D 9 I was interested when my neighbor brought my attention to the SAILOR article regarding three families "under siege" due to the Green Oaks park as a result of the new equipment installed last year. I was then appalled at how easily the council - members were swayed to accommodate three families by denying numerous families the enjoyment, learning experience and shar- ing that has been evident each time I have taken my two young daughters to the park. We are half way into the month of May which means that most older children have not yet organized their activities. It is also my understanding that the Imperial Hills playground is to be improved which should help to cut down on the traffic at the Green Oaks park. Perhaps a periodic patrol of the park by the police would help eliminate those kids that are using foul language. Perhaps fencing might cut down on the recess noise pollution. There have to be options -- not total elim- ination of a playground that means so much to the many pre- schoolers that eat that extra spoonful of cereal each morning before departing on a very exciting adventure -- going to the park. Sincerely, Marsha Beard 2315 Walnut Grove Lane Plymouth, MN 55447 P.S. When we purchased our home in Plymouth, we had no idea that Lake Mooney would leak into our basement, no idea that the mosquitos would drive us inside on summer days that we would like to enjoy, but we were sure it was a good place to raise any children we should have; a place where they could be children and do the crazy things that children do. We have to take the good with the bad -- no place is perfect. 1 -t-1 b. WEST SUBURBAN MEDIATION CENTER 213 Eliot Community Ctr., 6800 Cedar Lake Rd., St. Louis Park, MN 55426 (612) 544-2946 Mr. James Willis City Manager of Plymouth 3400 Plymouth Boulavard Plymouth, MN 55447 Dear Mr. Willis: May 22, 1986 As the City Manager you are probably familiar with the West Suburban Mediation Center (WSMC). I would like to reacquaint you with the services we offer to your community. The WSMC program began in August, 1982 as the Juvenile Offender Mediation Program in St. Louis Park, an alternative to court for minor juvenile offenses. This successful program was expanded to all of the West Suburban municipalities. In April, 1984 the program again expanded to provide mediation services for a wide variety of disputes and community conflicts. When disputing parties contact the WSMC about a problem they have been experiencing, the WSMC arranges for a mediation session - two impartial mediators to meet with the parties to try to help them find some mutually acceptable solutions to their differences and prevent any further problems or actions. Typical conflicts include those between neighbors, acquaintances, landlords and tenants, and businesses and consumers. When parties reach an agreement, the terms are written and signed, with a copy provided to each party. The potential advantages are that the service: * is free * is convenient * is speedy * is confidential * is voluntary We hope you will take advantage of this resource. Referrals can be handled informally, by simply informing your constituents of the services avaliable. To facilitate these referrals, we have enclosed brochures. More brochures can be provided upon request. As well, the WSMC has been providing speakers for community people who wish to learn more about the process of mediation and its application to conflicts in their community. If you have any questions, please do not hesitate to call. Thank you in advance for your interest and cooperation. enc. Sincerely, WEST SUBURBAN MEDIATION CENTER 213 Eliot Community Ctr., 6800 Cedar Lake Rd., St. Louis Park, MN 55426 (612) 544-2946 YOU MAY WANT TO CONSIDER USING THE MEDIATION SERVICE OF THE WEST SUBURBAN MEDIATION CENTER TO TRY TO RESOLVE YOUR DISPUTE. The West Suburban Mediation Center arranges for a mediation session - two impartial mediators to meet with the disputing parties to try to help them find some mutually acceptable solutions to their differences and prevent any further problems or action. Typical conflicts include those between neighbors, acquaintances, landlords and tenants, and businesses and consumers. When parties reach an agreement, the terms are written and signed, with a copy provided to each party. Some potential advantages of mediation are: THE SERVICE IS FREE There is no cost to the participants. The mediation service is funded by foundations, corporate giving programs and other private sources to provide an inexpensive, fast and effective way to resolve many types of matters. THE SERVICE IS CONVENIENT Sessions are scheduled for any date and time convenient to the parties - this includes evenings and weekends. Sessions are usually held at community centers located close to the parties. THE SERVICE IS SPEEDY Sessions can be held as soon as the parties are ready. Most sessions are scheduled within a two week period and generally last one to two hours. Most matters are effectively resolved in one session. MEDIATION IS CONFIDENTIAL Only the parties involved receive the written Mediation Agreement. THE SERVICE IS VOLUNTARY Mediation is provided only when both parties are willing to participate. Willingness to participates does not obligate any party to reach any settlement. It means that the party is willing to meet in the mediation session to TRY to reach a settlement. While most sessions result in a settlement, any party may pursue other options if the process is not successful. THE MEDIATION SERVICE OF THE WEST SUBURBAN MEDIATION CENTER MAY BE WORTH A TRY. IF YOU WOULD LIKE TO DISCUSS THE OPTION OR OBTAIN FURTHER INFORMATION, CONTACT THE WEST SUBURBAN MEDIATION CENTER AT 544-2946. MONDAY THROUGH FRIDAY, 8:30AM TO 4:30PM. -7-- k -q C - L May 27, 1986 `l r CITY OF PUMOUTR Mrs. Mrytle Eckes 12231 Highway 55 Plymouth, MN 55441 Dear Mrs. Eckes: Thank you for your thoughtful note. I am sharing it with the sponsors of the Community Awards event as well as the Mayor and Council. Mark touched the lives of many of us in Plymouth, as you know. His interest and keen enthusiasm for Plymouth, particularly its history, is sorely missed. The award presented to you posthumously in his memory and honor, is but a small token of our appreciation for having the privilege of having known and worked with Mark. Thank you again for your thoughtful note. Best regards, sI ,. mes G. Willis C ty Manager JGW:jm 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 14 May 16, 1986 Ms. JoEllen Hurr Zoning Administrator City of Medina 2052 County Road 24 Hamel, Minnesota 55340 Subject: Holy Name Church Dear JoEllen: CITY OF PLYMOUTR \N lV✓ As we have discussed over the telephone, Holy Name Church located on County Road 24 within the City of Medina has an application before the City of Medina for an expansion of the existing facilities. Sanitary sewer service and water service is provided to this facility by the City of Plymouth in accordance with an agreement between the two Cities. In accordance with our agreement the additional connection must be approved by the City of Plymouth. Attached is a memorandum dated May 9, 1986 addressed to Plymouth City Manager, James G. Willis, concerning the proposed expansion of the Holy Name Church. This memorandum sets forth our analysis of the proposed expansion. The City of Plymouth approves the additional connection to our sewer and water system subject to the following conditions: 1. The Church agrees to widen Brockton Lane to provide for a three lane approach to County Road 24. These plans and specifications must be submitted to the City of Plymouth, Engineering Department for approval. 2. The Church pay to the City of Plymouth the additional sewer and water area charges for the 10.83 acres which have not previously been assessed. It is our understanding that the City of Medina is requiring the entire Church parcel to be combined into one parcel. I am also attaching a copy of a letter dated July 2, 1982 which addresses this additional area assessment. The provisions of that letter would still hold if the City of Medina would permit the easterly 577 feet to be a separate parcel. 3. The Church pay to the City of Plymouth the additional sewer and water REC charges for the additional usage of our utility system. 4. The Church pay to the City of Medina the additional SAC charges for the proposed expansion. 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 Ms. JoEllen Hurr May 16, 1986 Page Two I have requested of Doug Cooley, a representative of the Church, a determination from the Metropolitan Waste Control Commission on the number of SAC units the entire Church facility will generate. our records indicate that the Church paid to the City of Plymouth eight SAC units in 1977. An additional 13 SAC units were paid to the City of Medina in 1982 when the Church property was expanded at that time. The only REC units paid to the City of Plymouth were with the original connection to the City Sewer System in 1977. After we receive the determination from MWCC on the total SAC units for the total development as it will exist after expansion we can determine the number of SAC units which need to be paid to the City of Medina and the number of REC units which need to be paid to the City of Plymouth. The City of Plymouth requests that any approval granted by the City of Medina contain these above conditions. If there are any questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh Enclosures cc: James G. Willis, City Manager Doug Cooley - Holy Name Church CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 9, 1986 TO: James G. Willis, City Manager FROM: Fred G. Moore; Director of Public Works SUBJECT' Utility Service to Holy Name Church Councilmember Maria Vasiliou noted that the Holy Name Church in Medina is proposing an expansion. As you are aware by a joint agreement the City of Plymouth has agreed to provide sewer and water service to this facility within the City of Medina. I have also received telephone calls from representatives of the Church regarding whether their expansion would have an effect on the City sewer and water system. I was unable to obtain a rapid answer of the effect on our utility system since this property, within the City of Medina, is not accounted for in either our sanitary sewer or our water Distribution Comprehensive Plan. This property has been served by Plymouth since 1977. Our Comprehensive Plans which were updated in 1979 by Bonestroo, Rosene, Anderlik and Associates, Inc. overlooked this area which was being served by the City at the time the plans were updated. For this reason I had to request that Jim Olson prepare an analysis of our sanitary sewer system. Attached is a copy of a letter which I received from Jim Olson dated May 6, 1986 stating that we have adequate capacity in our sanitary sewer and water system for the proposed Church expansion. The agreement between the City of Plymouth and the City of Medina entered into in 1977 provides the following: 1. Both City Councils approve the connection to the Plymouth sewer and water system by the parcels owned by the Holy Name Church. 2. The Church is to pay the City of Plymouth assessments and area charges for the hookup. 3. The Church is to pay to the City of Plymouth the standard monthly user charge imposed on other Plymouth connections. The agreement states that Plymouth is to provide service to all of the Church property which is 28.06 acres. It did not include a limitation on the volume which could be discharged to the City sewer system. In 1977 10.83 acres of the Church property was considered undeveloped and they did not pay to Plymouth the area charges for that property. They also paid to the City our REC charges for the facilities which were located on the property at that time. Memo: James G. Willis, May 9, 1985 Page Two With their proposed current expansion, they will need to pay the City of Plymouth the additional area charges on the 10.83 acres. The City of Medina is requiring that the entire Church property be combined into one parcel since it is needed for their development proposal. We will also have additional REC charges to collect for the new facilities. The proposed expansion at the Church will involve the following: 1. Increasing the seating capacity in the main sanctuary from 750 to 1,000. 2. Expanding the existing parking lot from the present 235 spaces to 430 spaces. 3. No expansion of the school is taking place. At the present time the Church has two parking lots, one parking lot is on the West side of the Church and has direct access to County Road 24. The other parking lot is on the East ,side of the Church and accesses Brockton Lane, which connects to County Road 24. Brockton Lane is on the City limit boundary between Plymouth and Medina. With the proposed expansion of the parking lot a driveway connection will be constructed between the East and West parking lot. This will allow the traffic to use either Brockton Lane or the direct connection to County Road 24 to obtain ingress and egress out of their parking facilities. The parking lot on the East side of their property, which only has access to Brockton Lane, was constructed in 1982. At that time the City of Plymouth received concerns from residents within the Greentree West Addition that the traffic would circulate through their addition when leaving the site. Their concerns were based on congestion which could occur at the intersection of Brockton Lane and County Road 24. If this congestion occurred, they anticipated that traffic would go through the addition on 30th Avenue to Xanthus Lane and then access County Road 24. In analyzing the traffic flow in 1982 it was our opinion that this would not occur. A traffic problem has not occurred in the last four year's operation of the parking lot. Presently Brockton Lane is only a two lane street; one lane for Northbound traffic and one lane for Southbound traffic. A majority of the traffic leaving the Church parking lot turns right or Eastbound on County Road 24. There are a few vehicles that do turn left or Westbound and these vehicles have a potential for delaying the Eastbound traffic. It would be my recommendation that the Church be required to widen Brockton Lane to provide three lanes at its intersection with County Road 24; one lane would be for Southbound traffic and the other two lanes would be for Northbound Traffic. This would require a 36 foot wide street and the present street is 28 feet wide. The present street is not centered within the right-of-way, but more of the pavement exists within the City of Plymouth. I would recommend that the entire eight feet of widening take place on the West or Medina side of the right-of-way which is adjacent to the Church property. By widening this street it will ensure that the major traffic movement, right turn, is not delayed by vehicles wishing to turn left. Memo: James G. Willis, May 9, 1986 Page Three In summary, I cannot see a problem with the proposed expansion of the Holy Name Church. It would be my recommendation that before the expansion be approved that the following be required: 1. The Church agrees to widen Brockton Lane to provide for a three lane approach to County Road 24. These plans and specifications must be submitted to the City of Plymouth, Engineering Department, for approval. 2. The Church pay to the City of Plymouth the additional sewer and water area charges for the 10.83 acres which have not been previously assessed. 3. The Church pay to the City of Plymouth the additional sewer and water REC charges for the additional useage of our utility system. 4. The Church pay to the City of Medina the additional SAC charges for the proposed expansion. I do have a large scale site plan of their proposed revisions if you wish to review it. With your concurrence, I will inform the City of Medina that they can approve the site plan subject to the above conditions. If any additional information is needed, please contact me. FGM:kh Attachment: Letter Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636.4600 May 6, 1986 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Engineers & Architects Attn: Mr. Fred G. Moore Director of Public Works Re: Holy Name Church, Medina Sanitary Sewer Capacity Our File No. 70, Plan Review Dear Fred, The proposed expansion of Holy Name Church the City's sewer system in the Greentree Jeff Welter of Michaud, Cooley, Erickson expansion involves only the church seating be added. Out, G. Bonestruu, P.E. Hubert H'. Rusene, P.L. Jweph C. AnderliA, Y.L. Bradjurd A. Lemberg, P.E. Richard E. Turner, P.E. James C. Olson, P.E. �45G70y ,,� L. v l-J-A Glenn R. Cook, P.E. Arah A Gordon. Y.E. Th.,,ud L huyes, P.L. Ricnard W. foster, P.E. Robert G. Schumcht, P.E. Marvin L. Survalu, P.E. Donald C. Burgardi, P.E. Jerry A. Bourdon, P.E. Murk A. Hanson, P.E. Ted K. field, P.£. Michael T Rautmann, P.E. Robert R. Pjejjerle. P.L. David O. LwAotu, P.E. Thomas if'. Peterson, Y.E. Michael C. Lynch, P.E. Karen L. fL"illa, P.E. James R. Maland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. Murk R. Rolls, P.E. Robert C. Russek, A.I.A. Thomas E. Angus, P.E. Scott L. Young, P.L. Charles A. Erickson Leo M. Pa welsky Harlan bf. Olson Susan M. Eberlm in Medina will not adversely affect West area. We understand from Mr. Associates, Inc. that the proposed area and that no class rooms will The Greentree West lift station was installed in 1976. It has a design capac- ity of 150 gallons per minute (gpm) at a TDH of 33 feet. A recent test on the station indicates the pumps have an actual capacity of 158 gpm. We reviewed the pumping records of the lift station for 1985. Both pumps ran a total of 1583 hours in 1985 for an average daily rate of 4.34 hours per day. This re- sults in an average daily sewage discharge of 41,143 gals. per day. There are 129 lots within the Greentree West ARea connected to the lift sta- tion. Using the rate of 315 gallons per lot per day, the total flow to the lift station, exclusive of the church, is estimated at 40,635 gals. per day or an average rate of 28.2 gpm, When a peak flow factor of 4 is multiplied by the average daily rate, the design flow from the single family homes is 112 gpm. The difference between the design flow from the homes and the pump ca- pacity is the surplus or extra capacity available to the Holy Name Church in Medina. This excess capacity is estimated at 46 gpm. There is a reasonable correlation between the amount of sewage pumped (41,143 gpd) and the estimated design flow from the 129 lots (40,035 gpd). From this, we can conclude that either 1) the flow from the church site is rather low or 2) the actual flow from the homes is somewhat less than the design flow used in the Comprehensive Sewer Plan. In either event, the lift station has ade- quate capacity to handle the flow. Page 1. 4910d 30 Year Anniversary City of Plymouth Plymouth, MN Re: File No. 70, Plan Review 71:- l XA 1. May 6, 1986 There are 150 students at the church complex. The expansion of the church will allow seating for 1000 worshipers. Both of these conditions results in low sewage flows. The City's billing department indicated winter water sales of 98,000 gals. for Jan. -April. This amounts to only 816 gals. per day aver- age. In summary, it is our opinion that the existing sewer system in Plymouth the lift station, has adequate capacity to handle the flow from the Holy Name Church expansion, which we believe to be only a slight increase in total discharge. Yours ver truly, BONESTRO0, ROSEN , ERLIK & ASSOCIATES, INC. i James C. Ols JCO:li Page 2. 4910d MICHAUD COOLEY ERICKSON & Associates, Inc. SUITE 1325 625 FOURTH AVENUE SOUTH May 7, 1986 Consulting Engineers MINNEAPOLIS MINNESOTA 55415-1698 TELEPHONE (612)339-4941 Mr. Jim Olson Bonestroo and Associates 2335 West Highway 36 Roseville, Minnesota 55113 Re: Addition to Holy game of Jesus Church 155 County Rood 24 Medina, Minnesota Dear Mr. Olson: This letter is in response to our phone conversation regarding estimated sanitary sewage flow. As discussed, a letter was previously sent to Mr. Sherman Goldberg, City of Plymouth's Engineer, stating the estimated sanitary sewage flow. This amount was based on a cumulative total of fixture units, which is a very conservative amount. A more accurate amount would be based on the number of people at the church. At the present time, there are 151; students who attend school and this number will remain the some after construction. The present number of Sunday worshipers is buu and this number will increase to IUUU after construction. I hope this information will assist you in estimating a more realistic sanitary sewage flow. If you have any questions, please call. Sincerely, MICHAUL), COOLEY, ERICKSOl',,1 & ASSOCIATES, INC. Jeff Welter JW:pn cc: Sherman Goldberg, City of Plymouth Douglas C. Cooley, MCE PRINCIPALS ROBERT L. MICHAUD SHERMAN J. COOLEY ROBERT E. ERICKSON DEAN A. RAFFERTY MONTY L. TALBERT, JR. MICHAUD COOLEY ERICKSON & Associates, Inc, SUITE 1325 625 FOURTH AVENUE SOUTH MINNEAPOLIS Mr. Sherman Goldberg City Engineer Plymouth City Engineer's Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Consulting Engineers MINNESOTA 55415-1698 TELEPHONE (612)339-4941 Re: Addition to Holy Name of Jesus Church 155 County Road 24 Medina, ivlinneSOta Dear Mr. Goldberg: )789107, APR 198E Cl) �Ity of Yi�:.'W1_ This letter is to inform you of the upcoming construction to the above- named project. Sanitary sewer and domestic water service are presently provided by the City of Plymouth. With the remodeling and new addition, the existing calculated loads will increase from 80 gpm sanitary sewer to 100 gpm and 65 gpm domestic water to 86 gpm. Reconnection to the sanitary sewer system will be made at an existing on-site manhole Reconnection to the domestic water will be from an on-site existing 6 11 water main. If you require any further information, please do not hesitate to call. Very truly yours, MICHAUD, CGGL Y, ERICKSON C I AT li,__ & A Donald Heckmann DH:pn 1J_�L PRINCIPALS: ROBERT L. MICHAUD SHERMAN J. COOLEY ROBERT E. EMCKSON DEAN A. RAFFERTY MONTY L. TALBERT, JR. F.. t E CITY OF PUMOUTR July 2, 1982 Mr. Glenn Cook Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, Minnesota 55113 Subject: Holy Name Church City of Medina Dear Glenn: This letter will confirm our telephone conversations concerning the addition and expansions at the Holy Name Church property in the City of Medina adjacent to Plymouth's west city limits. You had sent a letter to me dated June 14, 1982 concerning proposed additions at this property. Plymouth has an agreement with the City of Medina concerning the pro ision, of sanitary sewer and water service for this property. This agreement was entered into in October 1977. One of the conditions of this agreement is that Parcels 2418 and 2421 would not be assessed for area sewer and water charges, since they were not being developed at that time. The agreement further stated that before the two parcels could be built on, the area charges would have to be paid at the then existing current city rate. As part of the proposed expansion two things are taking place with regard to these parcels of land. The City of Medina has requested that all parcels of land be combined into one parcel for tax purposes. Fur- ther, it is proposed that a parking lot be located within the two referenced parcels of land. As I stated to you on the telephone, if all of the land is combined into one tax parcel, the City of Plymouth will require that the area charges be paid for this remaining unassessed parcel of ground. A compromise that I stated to you that would be acceptable to the City of Plymouth would be the combining of the parcels into two tax parcels. One of these parcels would be the easterly 577', which contains the acreage for which no area assessments have been made. If the parcels are combined in this manner, the City would not request the payment of the area charges. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 Mr. Glenn Cook July 2, 1982 Page Two I further stated to you that, if a parking lot was constructed on this easterly parcel of ground, this would not require the payment of the area charges, the reason for this being that a parking lot does not benefit from sewer and water services. If there are any questions, please contact me. Sincerely, Fred G. G. Moore, P.E. Director of Public Works FGM:bw cc: Jolene Hurr, City of Medina Jim Willis c: ow�icy ii'aylneP,u o 2335 It/. '/.—A .11,,A" 36 Sr. 19-1, Af—..e. & 55113 P.a.+e 6f2-636-4600 June 14, 1982 City of Plymouth 3400 Plymouth Boulevard Plymouth, Mn. 55447 Attn: Mr. Fred G. Moore Director of Public Works Re: Holy Name Church Our File #190-109 Dear Fred: =- «A �,` 51415 76 JUN 1ss2 City 01 Plymosth w u ti� 6�781L2�� Enclosed please find a copy of the sewer & water service agreement and a plat of the Holy Name Church Property in Medina as discussed. The Holy Name rhurrh riacireG to expand the school and the worship area which will require the expansion of the parking lot. The City of Medina has re- quested as a part of the development the combining of all parcels into one parcel. The parcel combination will make it necessary for the City of Medina to rework the sanitary sewer and water agreement. The church is concerned that it not activate the future assessment on parcels 2418 and 2421 as indi- cated in the agreement. The church would like to designate the east 577 feet as a no build area which is 10.83 acres. The City of Medina has recommended that the church construct the new parking lot east of the existing parsonage rather than west of the school as propos- ed. The church is again concerned that this parking lot to the east would not activate the sewer and water agreement. Please review the agreement and indicate if you have any problems with the proposed changes. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC/jo Enclosures 0130b Ghnn K Cnu4, f'. L. Arab. 4. Gordon, P.L Ono G Bonenroo, PL. Thumus L..'suve+, P.E. Robert R'. Rosene, P . Rr.hurd R', foster, P.L Joseph C. Anderhk. P.L Roherc G. Srhunrh4 P.L Bradford A. Lemherg. P.L. Afurwn L. Sunalu, PL. Rtchurd E. Turner, P.L. D,mald C. burgardr. P.L. Jame+ C. Olson. P.L. Jerq A Buurdun, PE. Mark A. Hanson, P.L. Ted A'. field. P. L M.chael T. Rautnwnn, P.E. Charles A. Erickson Leo M. PawelsO Harlan M. M,,n Durid E. Olson �,` 51415 76 JUN 1ss2 City 01 Plymosth w u ti� 6�781L2�� Enclosed please find a copy of the sewer & water service agreement and a plat of the Holy Name Church Property in Medina as discussed. The Holy Name rhurrh riacireG to expand the school and the worship area which will require the expansion of the parking lot. The City of Medina has re- quested as a part of the development the combining of all parcels into one parcel. The parcel combination will make it necessary for the City of Medina to rework the sanitary sewer and water agreement. The church is concerned that it not activate the future assessment on parcels 2418 and 2421 as indi- cated in the agreement. The church would like to designate the east 577 feet as a no build area which is 10.83 acres. The City of Medina has recommended that the church construct the new parking lot east of the existing parsonage rather than west of the school as propos- ed. The church is again concerned that this parking lot to the east would not activate the sewer and water agreement. Please review the agreement and indicate if you have any problems with the proposed changes. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. Cook GRC/jo Enclosures 0130b t�,A, *,, Pte, `�5o t�"o �,o�,+.n-�k a a c .�� A-4� fin' �-`- Z rawd, - 19JLX-QA Aa C4 r PLYMOUTH jAVeEf WOMEN �T 941 1912 X75-1518 910 PAY TO THE ORDER OF $ J,�'� /? DOLLARS r361, 27th A� North. r411101166 b6111110148 ■ ' • ■ ■. y CITY OF May 30, 1986 PLYMOUTR Mr. delle de Boef., President Imperial Hills Home Owners Association 18130 - 18th Avenue N. Plymouth, MN 55447 Dear delle: Thank you for your letter of May 21 addressed to Mayor Schneider. Your letter has been shared by the Mayor with the other members of the City Council. We are writing to the officials of the Hennepin County Department of Transportation requesting that they consider widening out County Road 6 west of Highway 101 to Peony Lane as you have requested. As soon as we have heard from them with regard to this request, I will be back in touch with you. The installation of a segregated sidewalk/bike path would have to occur within the existing right-of-way for County Road 6. Before we look further Into this aspect of your request, it will be necessary for us to hear from Hennepin County with regard to their ability and/or willingness to widen out County Road 6 as you have requested. Thank you for sharing your Home Owners Association's request with us. Yours truly, O mes G. Willis Ci y Manager JW: dma cc: Mayor & City Council Fred Moore, Public Works Director 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 May 29, 1986 CITY C PLYMOUTR Herbert 0. Klossner, Director Henn. Co. Department of Transportation 320 Washington Avenue S. Hopkins, MN 55343 Dear Mr. Klossner: The Mayor and City Council received a letter from the home owners association of Imperial Hills requesting road improvements on County Road 6. The Imperial Hills plat lies west and north of the intersection of County Road 6 and Highway 101. The main access to the plat is from Peony Lane as it intersects County Road 6. The Home Owners Association has expressed it's concern with regard to the growing volume of traffic along County Road 6 and would like to see the road Improved to four lanes west of Highway 101, at least to the Peony Lane's entrance. They are particularly concerned that with the current construction of a neighborhood shopping area, at the southwest corner of the intersection of Highway 101 and County Road 6, additional traffic will be utilizing County Road 6 in this area. I would appreciate your looking into this request, advising us whether or not it would be possible for the County to widen out the County Road as requested by this Home Owners Association. Yours truly, .o lames G. Willis ity Manager JW:dma cc: Mayor and City Council Fred Moore, Public Works Director 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 Virgil Schneider City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor: May 21 1986- tg-; The Board of Directors of the Imperial Hills Home -Owners Association is concerned with the growing trafic on County Road #6 between Highway #101 and Peoney Lane where two lanes become one just before the entrance to Imperial Hills. On the North side of County Road #6 the side-walk/bike-path from Super -Value and the bank ends at Olive Lane and both bikers and pedestrians must walk/bike the one block distance within the area between the white line and the North side of County Road #6, an extremely dangerous situation as cars turning into Imperial Hills frequently use this part of the road as a right -turn lane giving on-going trafic room to pass on the left. With the opening of a shopping center on the South side of County Road #6, which will have an entrance of Olive Lane South of County Road #6 this problem will become even more acute with drivers coming from the shopping center out of Olive Lane wanting to turn into Peoney Lane. In adition, the closing of Highway #101 later this year will bring additional traffic to this area as Drivers will use Peoney Lane as an alternate route. We like to make the following suggestions: 1. The continuation of two traffic -lanes going West from Highway #101 on County Road #6 upto Peoney Lane with the outside lane becoming a right -turn lane from Olive Lane into Peoney Lane. 2. The intallation of a segregated side-walk/bike-path on the North side of County Road #6, connecting the Peoney Lane path with the path going East from Olive Lane towards the Bank and the school. This very imported necessary improvement does not require major financial outlays, it will complete the Highway #101 -County Road #6 intersection and most definitely safe us from having some unfortunate accidents. Your consideration for inmediate action will be greatly appreciated by all. Sinrel You G!!.V ,Q a J 1 d oef r sident mperial Hills Home -Owners Association May 30, 1986 Mr. Steve Craig Evans Financial Corporation 6917 Collins Avenue Suite 1415 P.O. Drawer K Miami Beach, F1 33141 CITY OF PLYMOUTR RE: 5005 FORESTVIEW LANE IN PLYMOUTH, MINNESOTA Dear Mr. Craig: This letter is in regards to a recent complaint I received concerning the condition of the above referenced property. The nature of the complaint concerned the growth of weeds around the property and that children were gaining access to the dwelling through the front door. On Wednesday, May 28, 1986 I performed a site inspection of this property and did not notice any door or window openings which were unsecured. 1 did notice, however, that the yard area has not been maintained for quite some time and that weed and tall grasses are growing on the site. There is also evidence of mold developing on the baseboard and sheetrocked walls of the basement area. It also appears as though there may be moisture infiltration on some of the basement window units. It is my understanding, based on previous conversations with you, that your firm was planning to upgrade this property by making physical improvements to the home. To this date no apparent effort has been taken. On Thursday, May 29, 1986, I spoke with Mr. George Blomster who is the regional land management director in this area for your office. He informed me that steps have been taken to commence with such work, and that your firm has awarded a contract to Nasset Construction. I spoke with Mr. Paul Nasset and he informed me that he has not received any payment to begin such work. I would appreciate your cooperation and assistance to expedite this process in order to eliminate the potential nuisance this may cause. Please contact me at 559-2800 should you have any questions or if I may be of any further assistance. Sincerely, Joe Ryan Building Official cc: File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800