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HomeMy WebLinkAboutCouncil Information Memorandum 09-06-1985CITY OF PUMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM September 6, 1985 UPCOMING MEETINGS AND EVENTS..... 1. SPECIAL COUNCIL MEETING -- Monday, September 9, 7:30 p.m. Special City Council meeting in City Council Chambers. 2. PLYMOUTH HRA -- Monday, September 9, 6:30 p.m. The Plymouth Housing and Redevelopment Authority will meet in the Council Chambers. Agenda attached. (M-2) 3. BUDGET STUDY SESSION II -- Tuesday, September 10, 7:00 p.m. in the Council on erence oom. 4. CITY COUNCIL FILINGS -- Tuesday, September 10, first day to file for Mayor and two Councll positions. Closing date: Tuesday, September 24. 5. PLANNING COMMISSION -- Wednesday, September 11. The Planning Commission forum 1s scheduled for 6:15 p.m. with the Planning Commission meeting following at 6:30 p.m. in the City Council Chambers. Agenda attached (M-5) 6. HRA CONSULTANT INTERVIEWS -- Thursday, September 12, 6:00 p.m. The Plymouth Housing and Redevelopment Authority will interview consultants in the City Council conference room. A copy of the letter sent to the consultants on the interviews is attached. (M-6) 7. PARK AND RECREATION ADVISORY COMMISSION -- Thursday, September 12, 7:30 p.m. The Park and Recreation dvisory Commission will meet in the City Council Chambers. Brauer and Associates, consultants, will present the attached summary report for Parkers Lake City Park at this meeting. A copy of a letter sent to area residents inviting them to attend the September 12 meeting is also attached, together with PRAC meeting agenda. (M-7) 8. REVISED SEPTEMBER CALENDAR -- A revised September calendar is attached showing the ptember 30 Budget Study Session III. (M-8) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM September 6, 1985 Page 2 FOR YOUR INFORMATION..... 1. TRANSIT TAX FEATHERING QUESTION -- During the month of September the Regional Transit Board will address the question of the property tax transit levy for the metropolitan area. Following discussions between the Mayor, Frank Boyles and myself, we agreed that the most appropriate approach for Plymouth is to await the Regional Transit Board's preliminary conclusions on the transit tax feathering question as it relates to Plymouth. On September 9, the Regional Transit Board will preliminarily consider this issue. On September 10, the Board will mail resolutions of intent to the municipalities in the transit service area requesting municipal response by September 24. On September 26, the Administration and Finance Committee will review the municipal responses, and on September 30, the Regional Transit Board is scheduled to certify the levy. Upon receipt of the Board's resolution of intent, a memorandum will be prepared for City Council consideration at the September 16 meeting setting forth the options available to Plymouth together with the financial impact of each. At the September 16 meeting, the City Council will have to make a choice between transit service levels to be provided to Plymouth residents versus tax relief which can be obtained through service cuts. It should be noted that any reduction which the City achieves through transit service cuts WILL NOT impact the City's own property tax levy. The transit levy is an independent levy which is normally included under "miscellaneous levies" together with those of the Hennepin County Park Reserve District, Metropolitan Council, Mosquito Control District, etc. 2. BOARD OF ZONING ADJUSTMENTS AND APPEALS CONCERNING WITH ZONING ORDINANCE VARIANCE STANDARDS - , SEPTEMBER 6 -- The Board of Zoning Adjustments and Appeals has noted its concern with respect to some of the variance criteria in the City's Zoning Ordinance. The attached memo from Blair Tremere deals with this topic in some detail. I am providing the Council with this infor- mation at this time in order that you might become familiar with it, as I propose to place it on a Council study session as soon as practicable. (I-2) 3. APPRECIATION BREAKFAST FOR EMPLOYERS OF PLYMOUTH FIREFIGHTERS -- gain t is year we will be hosting a buffet breakfast at t e o iday Inn on Friday, September 27 for employers of our firefighters. Breakfast will commence at 7:30 a.m. and be concluded by 9:00 a.m. This informal get together provides a forum for us to express our thanks to the employers whose willingness to permit their employees to actively participate as firefighters helps us to maintain our Volunteer Fire Department. If you would like to attend this breakfast, please let Laurie know by September 9 in order that reservations can be made for you. CITY COUNCIL INFORMATIONAL MEMORANDUM September 6, 1985 Page 3 4. MINUTES: a. Planning Commission, August 28, 1985 (I -4a) b. Board of Zoning Adjustments and Appeals, August 12, 1985 (I -4b) c. Elm Creek Watershed Management Commission, August 14, 1985 (I -4c) 5. "WASTELINE" -- The Metropolitan Council's monthly publication "Wasteline" is attached for your review. (I-5) 6. RESIDENTIAL BUILDING PERMIT - PLAN REVIEW -- As reported previously to the Council, since June 1st the City as been using the services of former building inspector Gene Soboy to assist with plan review of new single family building permit applications. During this period, Gene has completed review of 119 plans for the City, resulting in a turn around time of four to five business days for a new single family building permit. A status report prepared by doe Ryan on plan review is attached. (I-6) 7. COMMISSION APPLICANT -- Attached is an application for commission appointment from Michael Sankey, 4630 Terraceview Lane. Mr. Sankey indicates his preference to be appointed to the Park and Recreation Advisory Commission or Planning Commission. (I-7) 8. HAZARDOUS WASTE PROCESSING -- On August 22, the Minnesota Waste Management Board granted clearance to the Metropolitan Recovery Corporation and CECOS International to allow them to submit a permit application to the Pollution Control Agency for a hazardous waste treatment and recovery facility they propose to develop in the City of Roseville. This facility will be designed to treat and recover metals from the wastes of metal finishing firms, and will handle other types of wastes as well. 9. SCHOOL ZONE ACCIDENT PREVENTION PROSECT -- Attached is a copy of the dates and times the o ice epartment will be conducting the school zone accident prevention project at Armstrong Senior High, Plymouth Junior High and Pilgrim Elementary School. During each time period each school area will be covered, with emphasis placed at Armstrong as this area generates the most complaints. (I-9) 10. CHILD ABUSE IN PARKS AND RECREATION AREAS -- Eric Blank has provided the attached article entitled, " reventing Child Abuse in Parks and Recreation Areas". (I-10) 11. COUNCIL FOLLOW UPS: a. Pedestrian/Bicycle Safety on East Medicine Lake Boulevard -- On August 15, the City Council directed that a gravel sou der be installed along the lakeside of East Medicine Lake Boulevard between 18th Avenue and 26th Avenue. This work was to be performed by our street department. CITY COUNCIL INFORMATIONAL MEMORANDUM September 6, 1985 Page 4 All of the work has been completed with the exception of one small area where we are waiting for delivery of a storm sewer culvert. This is a special sized culvert which was not in stock. Tom Vetsch and street division employees working on the trail received several nice compliments while they were perform- ing the work. The Council also requested clarification from the Hennepin County Park Reserve District on the schedule for development of the regional trail in this area. Attached is a letter received from Robert Wicklund, Central Division Manager, Hennepin County Park Reserve District, indicating that the Park Reserve District has submitted to the Metropolitan Council a request to include in the Regional Capital Improvement Program, acquisition funds in the 1988-89 bienium and development funds in the 1990-91 bienium . This funding would allow the Park Reserve District to complete the Trail Corridor from Elm Creek Park Reserve to Theodore Wirth Park which includes the Plymouth portion along the east side of Medicine Lake. In this regard, the District is urging the City's support to the Metropolitan Council of these capital improvement requests. Mr. Wicklund also suggests that if the City finds this schedule for the trail improvements inappropriate, that the District may consider a proposal whereby the City would fund the construction of the trail with reimbursement by the Park District at such time as Metropolitan Council funds are received. (I -11a) b. Council Communications -- The attached correspondence responds to Councilmember asi iou's duly 31 memorandum on my practice/ procedure relating to distribution of Council correspondence. (I -11b) 12. CORRESPONDENCE: a. Letter from Fred Moore, to ferry Sisk, 17015 28th Avenue North, regarding damage to the trailway along Dunkirk Lane north of 22nd Avenue. (I -12a) b. Letter from Sandra Gardebring, advising of the Metropolitan Council's review and approval of the EAW for reconstruction of the CSAH 9 in Plymouth. (I -12b) c. Letter from Sandra Gardebring, advising of the Metropolitan Council's review and approval of the Comprehensive Plan amendment for the southwest corner of I-494 and County Road 9 (Trammel Crow Company). (I -12c) d. Letter to Thomas Benshop, from Sara McConn, in response to discussions concerning school district boundaries and the finalization of the lot division/consolidation for Benshop office building project. (I -12d) CITY COUNCIL INFORNATIONAL NENORANDUM September 6, 1985 Page 5 e. Letter from George Wilson responding to Frank Boyles' letter of August 27 concerning the City's action with respect to the Dave Johnson platting request at County Road 6 and Highway 101 and enforcement action against a vegetable stand located at 10th Avenue and Highway 101. (I -12e) James G. Willis City Manager JGW:Jm attach A G E N D A PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY Special Meeting September 9, 1985 6:30 P.M. I. Roll Call II. Approval of Minutes for August 5, 1985 Meeting III. Rehabilitation Program Update IV. Section 8 Program Update V. Scattered Site Home Ownership Program Update VI. Senior Citizen Site Development VII. Other Business VIII. Adjournment PLANIAING C0'11,1ISSI0N MEETING AGENDA %EDNESDAY, SEPTE►4BF11 11, 1955 M-- WHERE: Plvmouth Cit\ Cente 3400 Plymouth Boule%aro Plymouth, MN 55447 CONSENT AGENDA All items listFa with an asterisk (*) are considered to be routine b\ the Planning Commission and will he enacted by one motion. There will he no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which evr_r,t the item will be removed from the consent agenda and considered in normal sequence ori the agenda. PUBLIC FORUM 6:15 P.M. 1. CALL TO ORDER 6:30 P.M. 2. ROLL CALL *3. CONSENT AGENDA/APPROVAL OF MINUTES Planninq Commission Minutes August 26, 1985 4. CONTINUED BUSINESS A. Capital Improvement Program 5. PUBLIC HEARINGS 7:30 P.M. A. Trammell Crow Company. MPUD Preliminary Plan/Plat, Conditional Use Permit and Site Plar, for property north, west, and south of Annapolis Lane (55044) B. Robert Fitch, Fitch Construction. Preliminary Plat, Rezoning, Final Plat, and Variance for property at 5620 Pinevi�ew Lane (85070) C. Minneapolis Auto Auction. Site Plan and Conditional Use Permit Amendments for property at 1125 Nathan Lane; and the MAA Oakmar site at 1605 County Road 15 (85074/85075) D. Christ Memorial Lutheran Church. Conditional Use Permits for a Montessori School and operation of a daycare center at the church at 13501 County Road 15 (85078) E. Dean R. Johnson, Cenvesco, Inc. RPUD Concept Plan, Preliminary Plan/Plat, Re- zoning, and Conditional Use Permit for "Quail Ridge of Plymouth" on property east of Turtle Lake and north of County Road 9 (85081) F. Robert Gersbach, Preliminary Plat for property at 2540 West Medicine Lake Drive (55053) G. Robert Lamson. Comprehensive Plan Amendment, Variance, and Lot Division for propert% at 100 Black Oaks Lane (85084) H. Thomas Leverenz. Conditional Use Permit for a Home Occupation for a business in�olvinq a real estate property management and sales office and tax account- ing service at 14005 County Road 9 (85085) PLEASE SEE REVERSE SIDF Planning Commission Aaenda. September 11, 1955 PUBLIC HEARIIJGS CONT' D I. Holidav Station Stores. Site Plan and Conditional Use Permit for the facility at the northeast quadrant of the intersection of Southshore Drive and High%4aN 55 (85088) J. Lundgren Brothers Construction Company. RPUD Preliminary Plan/Plat and Conditional Use Permit Amendment for "Mission Trails" located north of Goldenrod Lane and 41st Avenue North (85091) 6. NEW BUSINESS A. dames and Frances Schurter. Lot Division/Variance for property at 16810 12th Avenue North (95071) 7. OTHER BUSINESS 8. ADOOURIVIEIJT 11:00 P.11. "4,, September 5, 1985 Mr. Charles Thompson North Ridge Properties 5430 Boone Ave. No. New Hope, MN 55428 Dear Mr. Thompson: CITYO� PUMOUTR This is to inform you that the Housing and Redevelopment Authority will consider your proposal on Thursday, September 12, 1985 at the Plymouth City Center. Your proposal will be considered for forty-five minutes starting at 8:45 p.m. The Housing and Redevelopment Authority has indicated that approximately fifteen minutes will be devoted to hearing from the petitioner and the balance of the time will be devoted to a question and answer period. You may and should assume that the Housing and Redevelopment Authority's Commissioners have reviewed all of the narrative material you have sub- mitted. It is assumed at this time that your submitted materials constitued your basic proposal and that no new or different information will be sub- mitted at this session other than information generated by the questions and answers. Also, please remember as I noted in my last letter that the Commissioners do not wish to be contacted regarding the developer proposals outside the context of regular meetings or this interview session. Thank you for your continuing interest in this project. meeting with you next week. Sincerely, Blair Tremere Community Development Director BT/!g cc: File We look forward to 3400 PLYMOUTH BOULEVARD PLYMOL`N MINNESOTA 55447,-E-EPHONE 1612, 559 2800 August 28, 1955 Mr. Eric Blank Park Director 3400 Plymouth Blvd. Plymouth, MN RE: August 15th Public Seminar B&A Project #85-35 Mr. Blank: The attached report is a recap of the information collected at our public seminar on Thursday, August 15th. There were 57 registrants, including 2 individuals from the City Council and 3 from the Park and Recreation Advisory Commission. An agenda was given to all registrants upon arriving. Questionnaires regarding general timelines for presentation and guidelines for operation were integral with that piece. This report is comprised of these questions, along with the corresponding answers submitted. Your opinions are an important part of our planning effort and will be used in the development of a comprehensive Mas,ttr�lan for Parker's Lake City Park. BVAUER J,,ASSOC IATES LTD. Paul S. Fja�e, M.L.A. President PSF/jt 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 ❑ (612) 941-1660 PP I OP ITY SUMI',�,-, I ZA,,T IOP, QUESTIONN TPE RETUP.hED SEN ���,P OF AUGUST 1 1. TR A, ILS - h1kinc, walkirg, jogging, biking 1 x -country skiing, benches, lights. 2. SWIMMING - beach house control structure, 5 sunbathing, telephone, lights, emergency equipment, office, (change rooms). 3. PICNICING - passive, picnic benches, concert, 3 informal field games, play equipment, group area. 4. NATURE STUDY - natural environmental - flora & 2 fauna introduced species 5. FISHING - shore, dock, boat 4 6. MEADOW GAMES AREA - informal field games 6 7. BOATING - rental of canoes & paddleboats 7 8. OTHER CONSIDERATIONS -Ice skating - Boating access - Concession - Snowmobile access - Pitching horseshoes - Archery CITY PARK - Definition taken from the approved Plymouth Park System Plan (1981). Size and Function Service area: 4 to 5 parks throughout the City (approximately 2-3 mile radius) Spatial standard: not applicable Size: minimum 20 acres or large enough to encompass special natural features; no average or maximum size. Type of use: extensive, active and passive, educational, some programming. Clientele: all ages Funtional characteristics primarily reserve conservation and ornamentation with some recreation and culture. Brauer & Associates Ltd. -1- August 28, 1985 Context Location: - where resource exists (particularly water bodies) - dispersed throughout city - limited roadway frontage is desirable - located near collector or minor arterial Access: pedestrian/bicycle, automobile and public transportation Adjacent land use: immaterial Natural Conditions Resource dependency: strictly resource oriented Exposure: immaterial Topography: varied, may be steep and/or include wetlands, floodplains, water bodies Vegetation: varied and of significance and interest Development Timing: acquisition should occur as soon as resource is iden- tified and funds made availabe--development timing is less critical Degree of development: low -to -moderate Typical facilities/activities: Act i ve - recreation trails - meadow games area Passive - nature trails - park benches - nature study - picnic tables Support - park center with restrooms - parking -- dependent on actual facilities, generally between 3 to 5 spaces/acre - full utilities - swimming beach - boating - fishing - storage building - path lighting - signage - waste receptacles Other comments - may incorporate neighborhood park within its boundaries - not required in industrial neighborhoods - programmed activities provided by City and Schools, presuming that resource is of sufficient quality to warrant nature -orientation Brauer & Associates Ltd. 1-A August 28, 1985 RESULTS OF ?ARKERS LAKE CITY PAPA QUEST IOtl',:A?R`_ Below is a tally of the facilities/activities proposed for Parkers Lake City Park and the number of residents who would use them. A total of 3,477 questionnaires were mailed to area residents. To date, 566 have been returned and com- piled. The activities/facilities are listed in order of popularity. 1. Walking 487 .. 80% = 453 2. Picnic grounds 450 3. Swimming and Biking - tied for 3rd 421 .. 70% = 396 4. Concerts 390 5. Flower gardens 349 6. Sunbathing 345 .. 60% = 340 7. Cross-country skiing 315 8. Fishing from shore 307 9. Ice skating 303 10. Fishing from dock 283 .. 50% = 283 11. Renting canoe, boat, etc. 271 12. Play equipment 258 240 400/C = 226 13. Field games .. 14. Jogging 209 15. Waterslide 203 16. Fishing from boat 186 17. Concessions 182 .. 30% = 170 18. Bird watching 169 19. Pitching horseshoe 124 20. Diving 113 .. 200/0' = 113 21. Water skiing 93 22. Sailboating 83 23. Windsurfing 80 24. Archery 74 .. 101/c = 56 25. Bike rental 44 Residents were also asked to add items to the list. The numbers in parantheses indicate how many times an item was mentioned. Volleyball (11), Pavi11ion or building of some kind (5), Tenni courts (5), Nature trails (7), Snowmobi1ing (3), Golf putting green (2) Exercise stations (2), Dog exercise area (2), BMX dirt bike track (2), Roller skating (2), Skateboarding (2), Bleachers (1), Scoreboards (1), Public phones (1), PITS progra (1), Paddleboat rental (1), Target shooting (1), Innertube slide into lake (1), Croquet (1). Brauer & Associates Ltd. -2- August 28, 1985 PARKERS LAKE CITY PARK SEMINAR August 15, 1985 PROGRAM; 7:00 Registration - Pick up name tags, fill out question- naire, coffee. 7:20 Welcome - Eric Blank, Dir. Park & Recr. Dept., Plymouth Betty Threinen, Chairperson, Park & Recreation Advisory Commission Paul Fjare, Landscape Architect, Brauer & Assoc. George Watson - Landscape Architect, Brauer & Assoc. 7:30 Presentation - Parker's Lake City Park Area 7:45 Table Discussion Groups 8:45 Reports from Table Discussion Groups 9:30 Closing/wrap-up GUIDELINES 1. The table discussion and group interaction are the primary reasons for this seminar. For the seminar to be meaningful, input and discussion from all participants is encouraged. 2. The presentation is intended to stimulate discussion and questions for discussion in the small table groups. Specific questions will be answered during the discussion groups. 3. After breaking into smaller groups, select an individual to report back to the entire group about your discussions. This segment is important to the seminar process. 4. Remember, tonight's seminar is not a public hearing. We are interested in your opinions and ideas concerning the future of Parker's Lake City Park. With input from all participants the seminar can be beneficial to all parties and aid Brauer & Associates, in gaining meaningful data and ideas during even- tual formulaiton of a comprehensive master plan for Parkers Lake City Park. 5. YOU ARE HERE TO INFLUENCE US. AS THE DESIGNER FOR PARKERS LAKE CITY PARK, WE WANT TO HEAR YOUR VIEWS AND OPINIONS. WE ARE HERE TO LISTEN. Individual questionnaires were not uniformly completed by all individuals attending the seminar. For that reason, the total number of responses will not add up to the number of persons in attendance. Brauer & Associates Ltd. -3- August 28, 1985 PARKER'S LAKE CITY PAP SEM INAP August 15, 1955 Please fill out the questions below before the seminar begins ton ioht. Tne forms will be picked up just prior to beginning the meeting. Please DO NOT include your name. 1. Sex: Male 27 Female 19 2. How long have you lived in Plymouth? The average length of residence by seminar participant was 9.6 years. The length of time reported varied from two months for 4 individuals to 30 years for one individual. No - 19 3. Do you presently use other Plymouth Parks? Yes - 25 4. Are all of your recreational needs met within the City of Plymouth? Yes 11 No 31 Who would expect them to be? If not, which activities do you particpate in elsewhere? Sailing -2 Hikinc - 3 Picnicing - 7 BMX Track - 1 Boating/Waterskiing - 5 Cross-country skiing - 3 Wayzata - 2 Swimming Dogs - 1 Playground - 2 Swimming - 2 Fishing - 2 Golf - 3 Location of Activity Minnetonka Mpl s . City Lakes HCPRD - Baker - 5 Maple Plain Minnetonka HCP D - Baker Pk. HCPRD - Medicine Lk. HCPRD - Mpls. Parks Long Lake HCPRD - Baker & Rebecca Hopkins & HCPRD - Baker Minnetnnlra z wr.ppn - Baker Golden Valley - Mpls. Brauer & Associates Ltd. -4- August 28, 1985 Tennis - 2 Little League - 1 Horseshoes - 1 Tennis - 2 No locations specified: bird watching driving berry picking horse back riding down hill skiing swimming canoeing sunbathing Medalist Sports Cluh - Hopkins Crystal St. Paul Wayzata A major portion of the evening was devoted to small group discussions, followed by a report back from each group regarding a set of discussion questions. One point of interest occured during the evening when a Parker's Lake resident offered to remove his speedboat from the lake. The discussion questions are as follows: Please select a member of your group to serve as the reporter for this evening's session. He or she will be called upon to make an oral report on your group's findings at the end of the discussion period. The report should be relatively concise and reflect the general conclusions of your group. DISCUSSION QUESTIONS 1. What is your impression of a City park? too big, too much lion's Park little used conservative development a place for neighbors to enjoy families, & friends should be a park, devlopment sized for the lak environment of lake preserved place to relax, participate in recreation activities, increased home values near parks, use for all residents within City small, quiet Parkers Lake City Park is a good idea 2. What activities should be included in Parkers Lake City Park? biking concert wal king Brauer & Associates Ltd. -5- August 28, 1985 cross country skiinc ball field - only one!! fishing beach/swimmino - only one!! picnicing trails - jogging biking boating (waiver to residents) - all types of boats allowed bird watching fish pier ice skating/with warming house (summer beach house) swimming beach snow mobile - access linkage to N.W. trail only small group activites such as volleyball rowboat only - non notorized playground equipment connect trails to Luce Line Tail 3. What priority for development would you place on those items in question #2? (1 - first priority, 2 - second priority, 3 - third priority, etc.) Those ranked nearest the top were reported most fre- quently by priority classification and weighted accor- dingly. Ultimate priority ranking for inclusion in the program statement for Parkers Lake City Park rests with the Park and Recreation Advisory Commission. Trails - walking cross-country ski jogging passive - individual or family Nature - Retain natural pristine quality of flora and fauna. fishing biking picnicking beach/swimming concerts ballfield (informal) 4. Of the activities listed in question #2 - a. Which do you feel members of your discussion group would participate in? all of the above hiking available for all Brauer & Associates Ltd. -6- August 28, 1985 5. b. With what frequency would members of your group participate? . daily minimum weekly . weekly or less 10 times per year c. Would a nominal fee charge limit your use of the activity? d. What would your group be willing to pay for access to the activity? 1. fee to help control volume - Free to residents $25.00 to non -res. 2. hours enforced 3. no fees 4. swimming 50¢ to $1.00 5. parking 6. nominal yearly fee for usage 7. fee would not limit parks use. 8. bikes $1.00/hr. 9. canoes $5.00/hr. Cook's choice The above questions are intended to stimulate discussions among group members. Although the questions listed should be discussed, discussion among individuals should not be limited to just those questions. Please feel free to ask any questions and raise any points that you feel should be discussed. Concerns - . beach within too close proximity . control of who can use park need to limit activities due to restrictive size of area. limit number of motor boats - potentially ban commercialism proximity of Workhouse - security definitly should not include "drawing activities, ie, large heavy boating, water skiing from outsiders . overdevelopment Co. 6 safety maintenance budget - cost to City for upkeep overuse motorized craft - boats & snowmobiles no beer or liquor in park safety and comfort;: lighting, toilets, shelters for picnic areas, adequate parking, concern for noise control, telephone, water Brauer & Associates Ltd. -7- August 28, 1985 Questions if very tie, what type o` support is necessary lavatory facilities parking within property city park police force to regulate DNR - restrictions for how much sand to control bass and spawning beds. SEMINAR EVALUATION 1. Were goals and objectives of this seminar clearly stated? Yes 35 No 0 2. To what extent were these goals and objectives realized and understood by you? Very much 19 Somewhat 15 Very little 0 3. Would you attend a similar seminar in the future? Yes 29 Possibly 6 No 0 4. Overall reaction to the seminar? Excellent 9 Good 23 Average 2 Poor 0 Unsatisfactory 1 5. Other comments recorded were: a. Thank you for the opportunity to be heard. b. Good, as long as input is truly used. c. Very helpful and informative. I feel much more con- fident of the project development since this morning. d. Is there really enough room for all the "natural" activities we have discussed? Twenty-five acres isn't much room. e. I believe there are already plans made and set to go regardless of our semtiments. I am concerned about my tax dollars. f. Letter advising meeting seemed to indicate that deve- lopment was to include ball parks, etc. that won't be worked on until 1990. g. Could have clarified goals of small groups clearer. Brauer & Associates Ltd. -8- August 28, 1985 pCITY C� September 5, 1985 PUMOUTR Dear Resident: M-7 Attached you will find a summary report dealing with Parkers Lake City Park from Brauer $ Associates to the Park and Recreation Advisory Commission. This data is a compilation of all the information gathered from the questionnaires returned by the community, the City's comprehensive park system plan, and the citizen input from our meeting of August 15, 1985. This is the information the consultant is using to prepare the first concept plan for Parkers Lake City Park. This plan will be presented by the consul- tant to the Park and Recreation Advisory Commission on Thursday, September 12. Please consider this letter your invitation to attend the Park and Recreation Advisory Commission meeting on that evening beginning at 7:30 p.m. in the City Center Council Chambers. If you have any questions that you would like to discuss with me prior to the meeting, I can be reached at 559-2800 x 265. Once again, I wish to remind you that the proper place for citizen involvement in the design process takes place now by your interacting with the Park and Recreation Advisory Commission. The City Council will not be conducting public hearings on this matter once it passes out of the hands of the Park and Recreation Advisory Commission. Thank you for your time and interest in this matter. We look forward to seeing you on September 12. Sincerely, Eric J. Blank, Director Park and Recreation Department /np enclosure 340: PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559.2800 Plymouth Park and Recreation Advisory Commission Regular Meeting of September 12, 1985, 7:30 p.m. Plymouth City Center Council Chambers AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff C. Others - Len -.hiede (Pilgrim Lane PTO) 4. Report on Past Cc,-ncil Action a. b. 5. Unfinished Business a. Parkers Lake - Brauer b. Neighborhood ?ark Improvements Update C. 1986-90 CIP, 1986-87 Budgets d. Oakwood Parking Lot Update 6. New business a. b. c. d. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next Meeting - October 3 } U) Q 11J D Q Z 2 } Q Z D U) M— a w x U "J. M H .•� L E w t_ u') U x U U �ZCz 3+ < rn w N Z kp r— U C G 4.J N 41 O C G W Z w'- G cJ c: 0 •,44-1 GC E F G H H w C •G E '� w U i L 2' +.J v N CJ S C ;a V: C •rl .0 U U) -i a w r -i w I v M C e Q o' a v p Z � p, •� i . J: Q +J L1 U to S7 U C G u U G L; C •' C G U c..wZ aanU UJB U G w cn v:cr a r4 v > U � U � w E• U � P4 U � � H Lr � cm vi ca p0.y m a H O� C.) O U oCa o U O U U C U 0 c.`.`•'. .`•' Q r, H Q � H N� U !11"� H w� o H i I CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: September 6, 1985 TO: James G. Willis, City Manager FROM: Blair Tremere, Director of Community Development RL• SUBJECT BOARD OF ZONING ADJUSTMENTS AND APPEALS CONCERN WITH ZONING ORDINANCE VARIANCE STANDARDS The Board of Zoning Adjustments and Appeals at their August 12, 1985 meeting acted to recommend "that the City Council review the Zoning Ordinance standards because the Board is having difficulty finding that petitions meet the six criteria." I have attached a copy of those criteria. I have also attached correspondence and a memorandum from the City Attorney which was generated last spring after Board Chairman Larry Marofsky raised a question as to the adequacy of the variance criteria in light of recent amendments to the State Statutes. Associate Planner Al Cottingham informs me that the Board seems to be concerned that they find that variance requests meet the test of some of the variance criteria but not all. The Zoning Ordinance states that the Board shall not approve any applica- tion, and the City Council upon appeal shall not grant any application unless a find- ing is made relative to all six criteria. This seems to suggest that the Board is inclined to grant variances that do not meet the test of the six criteria. It seems to follow that if the criteria were modified granting variances would be easier. The City Attorney found that "there is no legal reason why the Ordinance needs to be amended, nor why the Board of Adjustments and Appeals should not continue to rely on the Ordinance standards in making its decisions regarding variances." The City Council by itself or in conjunction with the Board and/or the Planning Com- mission may wish to review and reconsider the variance criteria as outlined below. However, I think it is important to stress another fact of planning and land use law: Courts generally have found that repeated variances for similar requests, such as a yard setback, constitute effectively an amendment of the Ordinance. The risk of deny- ing a variance based on a firm standard when in fact a multitude of variances have been granted from that standard is high, and cities generally have been found to be arbitrary and capricious to have such a practice. My point is that perhaps the Ordinance requirements and development standards that are the focus of variance requests should be amended rather than undertaking a modification of the criteria which should be met before variances from the adopted standards are granted. Page two Memorandum to James G. Willis, City Manager Ordinance Variance Criteria September 6, 1985 I recommend that, if the City Council finds merit in the Board's recommendation, a Joint meeting with the Board and with the Planning Commission should be established wherein the purpose and validity of the Ordinance Variance Criteria could be discussed with the City Attorney. I would also propose that, prior to that meeting, the Board of Zoning and the Planning Commission, if the Commission shares the concern, prepare a list of specific concerns, problems, and possible solutions. It is my view that sound definition of the problem is vital to assure that the perceived need to modify the variance standards is not based upon a difficulty in denying variance requests which do not have merit, per the standards, or upon a failure to correct zoning requirements which may be obsolete or otherwise problematical and therefore in need of change or deletion. Attanhmantc "'OrAe an ianc a 11 � Sa do��uts�on C o� 7"�e Zo nin Ono�l�hQnce . 9 -reo M Ss cTO n Pay •n o L47A 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2) That the conditions upon which a petition for a variation is hased are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zon- ing classification. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest In the parcel of land. S) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or Impair property values within the neighborhood. Page 5 Board of Zoning Minutes August 12, 1985 MOTION by Chairman Musatto, seconded b} Commissioner 04arss to deny the request for Ronald Haekenkamp for property located at 425 Quantico Lane for the following reasons: 1. The variance criteria have not been met: 2. This would set an undesirable ,.precedent in the City. 3. A gar-ge could be cons'rucd within the Ordinance standards. RESOLUTION NO. B 85-21 MOTION TO DENY VOTE 6 Aves. 1 nay. Commissi er Plukfa voted nay. MOTION VOTE - MOTION CARRIED carried. Chairman Marofsky revie d the Ordinance proceedings for the petitioner in regard. to the rights to appeal the Boards decision to the CiV Council. MOTION was ma by Commissioner Plufka, seconded by Commis- MOTION TO APPROVE sionerBige w to recommend that the City Council review the Ordinanc equirements of the rear yard coverage for resi- dentia detached structures. . 7 ayes. MOTION carried. VOTE - MOTION CARRIED MOTION was made by Commissioner Plufka, seconded by Commis- MOTION TO RECOMMEND sioner Bigelow to recommend that the City Council review the Zoning Ordinance standards because the Board is having dif- ficulty finding that petitions meet the six criteria. VOTE. 7 ayes. MOTION carried. VOTE - MOTION CARRIED ADOOLNUWNT. The meeting adjourned at 9:55 p.m. March 19, 1985 Mr. Larry P. Marof sky 7240 Brooklyn Blvd. Brooklyn Center, MN 55429 Dear Larry: CITY OF PLYMOUTFF I referred your February 22, 1985 letter to City Attorney Herbert P. Lefler, and asked for his opinion as to the question you raised regarding the impact of the 1982 statutes upon the Plymouth variance criteria. I enclose for your information a memorandum prepared by a member of the City Attorney's staff with which the City Attorney agrees. I also concur with the analysis and conclusion of that memorandum. It appears that the statutory language does not supersede the City's variance criteria nor are the criteria substantially altered by the undue hardship definition. Incidentally, I have asked Associate Planner Al Cottingham to see that the other materials you received at the Zoning Seminar are distributed to Board members, so they can review them and compare the findings and answers with the materials you received at the seminar. Please let me know if I can be of further assistance. Sin erely, Blair Tremere, Director Community Development Department BT/gw cc: File Attachment 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 5592800 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Herbert P. Lefler J Dennis O'Brien John E. Drawz David J. Kennedy John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III Jeffrey J. Strand Mary J. Bjorklund John G.Kressel Dayle Nolan Cindy L Lavorato Michael A. Nash Brian F. Rice Lorraine S. Clugg James J. Thomson Jr. James M. Strommen Mary C. Nielser Terry L. Hal! Ronald H. Batty LeFevere Lefler Kenned-, O'Brien Drai%-7 PI off "i'ma1 1.a. iaiiolI March 11, 1985 Mr. Blair Tremere Director of Planning and Community Development City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 =- MAR 12 1985 V t ``, tJ t t� CIr`,`r JN'i iii ti:..V i. In re: Plymouth Zoning Ordinance and Amendment to Section 462.357, Subd. 6, of Minnesota Statutes Dear Blair: Your letter concerning the above matter was researched by Mr. Ron Batty of this office and I enclose his Memorandum to me. I have reviewed it and concur in its conclusions and in the discussion it contains. Yours very truly, Herbert P. Lefler HPL:np enclosure MEMORANDUM MAR 1 ,� jgPc CITY Cif. TO: HPL CC„3,r{�+wii FROM: RHB DATE: MARCH 7, 1985 RE: PLYMOUTH VARIANCE CRITERIA Issues: The chairman of the Plymouth board of adjustments and appeals has asked whether the 1982 amendments to Minn. Stat. Section 462.357, Subd. 6 invalidate or supersede the criteria established in the Plymouth zoning ordinance concerning granting variances. If this is the case, the chairman has also asked whether and in what way the city's zoning ordinance should be amended. Discussion: Section 462.357, Subd. 6 authorizes boards of adjustment and appeal to grant variances from local lard use regulations and it specifies some of the grounds for doing so. Prior to the 1982 amendments, the statute merely contained language linking the granting of variances to finding "undue hardship". There was no definition of that term and courts and city councils generally relied on the criteria in local ordinances and the guidelines established in the large body of case law in making decisions regarding variances. The statute contained provisions which expanded the traditional meaning of undue hardship. For example, "inadequate access to direct sunlight for solar energy systems" was included as a type of hardship. However, it was clear that undue hardship was not limited to such circumstances and the statute did not contain a comprehensive definition. In 1982 the statute was amended by expanding the language regard- ing undue hardship. The amended statute specified that the hardship must be unique to the property, not be self-created and not simply facilitate an increase in value of the land. In addition, it must be determined there will be no substantial adverse impact on adjacent properties as a result of granting the variance. The 1982 amendment, in effect, incorporated into the statute a large body of case law on the meaning of what constitutes undue hardship. However, full exposition of the numerous court decisions on the subject will reveal subtle distinctions with the statutory standards. In some instances, nuances will be noted which are not to be found in Section 462.357, Subd. 6. For example, the fact that the itself and not to a personal clear in case law than in the a two-part test for variances Despite these subtleties, the 1982 amendments is a fair if variances. hardship must relate to the land attribute of the landowner is more statute. That there is, in effect, is also more evident from case law. statute as it exists following the abbreviated summary of the law of Section 11, Subd. C of Plymouth's zoning ordinance contains six criteria for granting a variance. They are slightly more expansive than those contained in the statute and are actually a better summary of current variance law. It is clear that the standards enumerated in the Plymouth ordinance are fully consistent with Section 462.357, Subd. 6 and there is no reason to believe that the statute has invalidated any of the city's ordinance relating to variances. It is also clear that there was no legislative intent to render the statute the exclusive arbiter of variance standards. This is evident from the fact that the amendment retained previous language stating that undue hardship is "not limited to" the defined conditions. Although this phrase originally referred only to inadequate access to sunlight, it now serves as a general modifier to the entire list of criteria for variances. Accord- ingly, ordinances such as Plymouth's which contain specific criteria are not in conflict with the statute merely because their language does not precisely follow that of the statute. Recent case law also suggests that the amended statute should not be viewed as having preempted the field regarding variances. In VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503 (Minn. 1983), which involved an interpretation of Section 462.357, Subd. 6 as amended in 1982, the supreme court upheld the denial of a variance on grounds that it violated both the statute and the Mendota Heights zoning ordinance. That ordinance, like Plymouth's, stated specific criteria for granting variances which were essentially similar to those contained in the statute but were not verbatim. Moreover, the court noted that the test of reasonableness which must be applied in such cases is measured by the standards set out in the local ordinance, not those contained in the statute. The decision in VanLandschoot does not suggest that ordinance criteria supersede those established in the statute. However, it does mean that the first test in the case of variances will be against the standards in the ordinance. Clearly, ordinance standards relating to variances are permissible and, in fact, are viewed by the supreme court as the primary guides to the reasonableness of granting a variance. Conclusion: The variance criteria contained in the Plymouth zoning ordinance are neither inconsistent with nor have they been 2 superseded by the standards mentioned in the applicable statute. There is no legal reason why the ordinance needs to be amended nor why the board of adjustments and appeals should not continue to rely on the ordinance standards in making its decisions regarding variances. 3 1 —c7;? CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 1, 1985 TO: City Attorney Herbert P. Lefler FROM: Community Development Director Blair Tremere SUBJECT INQUIRY ABOUT IMPACT OF MINNESOTA STATUTES ON PLYMOUTH VARIANCE STANDARDS I have attached a February 22, 1985 letter from Board of Zoning Adjustments and Appeals Chairman Larry Marofsky, and a photocopy of a portion of Minnesota Statutes which relates to the Enabling legislation for Board of Adjustments and Appeals. I have also attached a copy of the Plymouth Zoning Ordinance Variance Criteria which are found in Section 11, Subdivision C. Chairman Marofsky questions whether relatively recent changes in the statutes render the Plymouth criteria ineffective, obsolete, or contradictory. If current statutory language warrants, we should consider appropriate revisions to our Ordinance; I would appreciate your advice on that point. It would be my opinion that, if the question raised by Chairman Marofsky is a matter of opinion, i.e., a matter of interpretation, then I am not so inclined to change our standards. I do not wish to suggest that we should avoid clarifying and/or updating our variance criteria language, but I believe that our criteria are similar to many other communities, who have patterned their variance standards under the guidance of not only the statutes, but also applicable case law. Therefore, I would appreciate your opinion on the question raised by Chairman Marofsky, and if warranted I would appreciate your recommended draft language for amending the Zoninq Ordinance Variance Criteria. Thank you for your assistance. BT/gw LAW OFFICES OF LAWRENCE P. MAROFSKY 7240 BROOKLYN 6ODLEVARE MINNEAPOLIS. MINN 55429 February 22, 1985 Mr. Blair Tremere City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Blair: 7E_Ec11ONE 556-457C 4;�EA CODE 6 LI:.>•T_ At the recent seminar held by the Government Training Service, some interesting issues were raised in light of the Minnesota Legislature's amendments to Minnesota Statutes 462.351 and 462.357 Subd. 6 as it relates to Boards of Adjustments. The 1982 legislature added the second and third sentences to Subdivision 6, Section 2, relating to undue hardship and its definition. The issue raised at the seminar was "In light of the statute, did the legislature supersede municipal ordinances and the municipalities rules for granting variances?" I think the undue hardship rule set forth in this section does change substantially the six criteria provided in Plymouth ordinance. You may want to have somebody review this to see if there is a significant change and if we must amend our ordinance. I have enclosed herein copies of the case example and discussion questions as well as the copies of the statutory material which were presented to us at the seminar. Ken Quass has the answers to the questions. We thought that it might be appropriate to photocopy the materials and send them out to the board of zoning members and at the next meeting Ken can give us the answers. Yours truly, .- �C Lawrence P. Marofsky" LPM/pje Enclosure -9- CITY PLANNING ACT 462.352 DEFINITIONS Subdivision 1. For the purposes of sections 462.351 to 462.364 the terms defined in this section have the meanings given them. Subd. 2. "Municipality" means any city, including a city operating under a home rule charter, and any town. Subd. 3. "Planning agency" means the planning commission or the planning department of a municipality. 462354 ORGANIZATION FOR PLANNING. Subd. 2. Board of adjustments and appeals. T'he governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and adjustments. Tle board shall have the powers set forth in section 462.357, subdivision 6 and section 462.359, subdivision 4. Except as otherwise provided by charter, the governing body may provide alternative)), that there be a separate board of appeals and adjustments or that the governing body or the planning comrussion or a commit- tee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. T'he board may be given such other duties as the governing body may direct. In any municipality where the council does not serve as the board, the governing body may, except as otherwise provided by charter, provide that the decisions of the board on matters within its jurisdiction are final subject to judicial review or are final subject to appeal to the council and the right of later judicial review or are advisor}' to the council. Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties as is provided in the ordinance establishing the board. T'bs pard shall within a reasonable time make its order deciding the matter and shall serve a cony n such order u oP n L e_appe ant or petgticner by mail. arty may appear at e Baring in person or y agent or attorney. Subject to such limitations as may be imposed by the governing body, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order. in any municipaliy in which the planning agenco does_not -act-as the board of a u-stm—encs and aI�eals. the board shall make no decision on an appeal or petition until thetanning nenc , if there is one, or a r�resentative authorized "as�s'ad rfasona le opportuni�_not to exceed 60 days, to rev►ew_ and report 6 th-6�oard o a �ustments and appeals upon the appeal or petition. still 462.357 PROCEDURE FOR PLAN EFFECTUATION; ZONING. Subd. 6. Appeals and adjustnien(s. Appeals to the board of appeals and Adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following pcmers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individualpr�eri}' un ear i onsidera�ion, and to grant such variances -on y w7ien ►t is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use. if used under conditions allowed by the official ' controls, the plight of the landowner is due to circum -- stances unique to his property not created bZ the landowner, and thee varTance�if ranted, xiil_no-alter the essential cTiarac_ter of the loca_lit ._ Economic considerations alone shall not constitute an undue hardship ff reasonable use for the property exists under the terms of the ordinance. Undue ha -d5t al� _includes, but is not limited to, inadequate access to direct sunlit for solar energy systems. Variances shall be `anted. or earl s diered construction as defined in section 116J.06, subdivision rwhen in harmony, with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's Iand is located. The board or governing body as the_case_may_ be, may permit as a variance the teorary use of a one family dwelling as a two family dwelling The board or governing body, as the case may be may impose _`c0tMQns_ in- the granting -of--variances -to unsure compliance ando protect adjacent properties. _ _ Subd. 7. Permitted single family use. In order to implement the policy of this state that mentally retarded and physically handicapped persons should not be excluded by municipal zoning ordinances from the benefits of normal residential surroundings, a state licensed group home or foster home serving six or fewer mentally retarded or physically handicapped persons shall be considered a permit- ted single family residential use of property for the purposes of zoning. Subd. 8. Permitted multifamily ase. Unless otherwise provided in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day cart facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. History; 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art S s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 1; 1978 c 786 s 14,13; Ex1979 c 2 s 42,4J, 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8 -11- 462.358 PROCEDURE FOR PLAN' EFFECTUATION; SUBDIVISION REG- ULATIONS. Subd. 6 N'ariancesc Subdivision regulations may provide for a procedure for var)'ing the regulations as they apply to specific properties where an unusual hardship on the land exists, but variances may be granted only upon the specific grounds set forth in the regulations. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. 16236 CERTLFIED COPIES FILED WITH COL';N'71iRECORDER. Subdivision 1. Required documents;. A certified copy, of every ordinance, resolution, map, regulation adopted, or variance granted under the provisions of sections 462.358 and 462.3595 shall be filed with the county recorder of the county or counties in which the municipality adopting it is located. Ordinances, resolu- tions, maps, regulations or variances filed with the county recorder pursuant to this subdivision do not constitute encumbrances on real property. The order issued by the governing body' or board of appeals and adjustments as the case may be, shall include the legal description of the property, involved. Failure to file an ordi- nance, resolution, map, regulation, variance, or order shall not affect its validity or enforceability. [For text of subds 2 and 3, see M.S. 1982] History: 1983 c 187 s 1; 1983 c 216 art I s 68 462.361 JUDICIAL REVIEW. Subdivision 1. Review of action. Any person aggrieved by an ordinance, rule, regulation, decision or order of a governing body or board of adjustments and appeals acting pursuant to sections 462.351 to 462.364 may have such ordinance, rule, regulation, decision or order, reviewed by an appropriate remedy in the district court, subject to the provisions of this section. Subd. 2. Exhaustion of remedies. In actions brought under this section, a municipality may raise as a defense the fact that the complaining party has not attempted to remedy his grievance by use of procedures available to him for that purpose under ordinance or charter, or under sections 462.351 to 462.364. If the court finds that such remedies have not been exhausted, it shall _ require the complaining party to pursue those remedies unless it finds that the use of such remedies would serve no useful purpose under the circumstances of the case. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES AUGUST 28, 1985 The reaular Meeting of the Plymouth Planning Commission was called to order at 7:00 P.M1. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Wire, Magnus, Plufka, Mellen and Pauba MEMBERS ABSENT: Commissioner Stulberg STAFF PRESENT: Community Development Coordinator Sara McConn City Engineer Sherm Goldberg Public Works Director Fred Moore Community Development Secretary Grace t;ineman *CONSENT AGENDA/MINUTES MOTION by Commissioner Pauba, seconded by Commissioner Mellen to recommend approval of Item No. 5.-A of the Consent Agenda, Woodbridge Properties for Scoville Press, Reaffirma- tion of Site Plan Approval; arid, the Auqust 14, 1985 Minutes as submitted. VOTE. 6 Ayes, Commissioner Maqnus abstained from the vote on the Minutes of August 14th. MOTION carried. PUBLIC HEARINGS: Chairman Steigerwald introduced the application for Lot Con- solidation, Site Plan, Variance, and Conditional Use Permit for Learning Tree Daycare Center, and requested an overview of the August 19, 1955 staff report by Coordinator McConn. Mr. Gene Pederson, 1014 24th Avenue South, Fargo, North Dakota, representing the application, stated he has read the staff report and has no problems with the recommendations. He commented that this was a difficult piece of land to develop but they have met all requirements. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. 4a'_ *WOODBRIDGE PROPERTIES FOR SCOVILLE PRESS REAFFIRM SITE PLAN APPROVAL FOR SITE AT 14505 27TH AVENUE (82062 MINUTES/AUGUST 14TH VOTE - MOTION CARRIED BERT BISBEE, PLYMOUTH C.W. FOR LEARNING TREE DAYCARE CENTER LOT CONSOLIDATION SITE PLAN, VARIANCE AND CONDITIONAL USE PERMIT (85068) MOTION by Commissioner Magnus, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Lot Consolidation, Site Plan, Variance, and Conditional Use Permit for Learning Tree Daycare Center subject to the conditions as stated in the staff report dated August 19, 1985. Roll Call Vote. 6 Ayes. MOTION carried. -187- VOTE - MOTION CARRIED Page 1SS Planninq Commission 11inutes August 28, 1955 Chairman Steigerwald introduced the application by Arthur and Marilyn Zenzen for a Conditional Use Permit ,Amendment for setback encroachment, reading of the August 19, 1985 staff report was waived. Chairman Steigerwald introduced Mr. Arthur Zenzen who ex- plained his request. Mr. Zenzen stated that it is true other homes in the neighborhood have decks and porches and meet the minimum requirements, however, the other homes have a different layout. The homes of a similar style are smal- ler than his residence; and, his home is on a cul-de-sac lot which diminishes his back yard area. He stated his is the only home where a porch/deck cannot be constructed without a variance. He believes his plan is conservative and that relative to the variance criteria there is a hardship be- cause of the house desiqn and the considerable cost that would be incurred to remodel the home to reduce or alleviate the need for the variance. He stated he is not building anything onto his home that will negatively impact the neighborhood. Commissioner Pauha inquired if he is the first owner and whether the home was built from his own plans or purchased "as -is". Mr. Zenzen stated he bought the home "as -is" and the builder was explicit as to what home would be on each lot. He noted not everything on the plans was to their liking, but the trade-off was price. Commissioner Pauba inquired if Mr. Zenzen had talked with the builder or the real estate agent regarding plans for addinq a deck or porch. Mr. Zenzen stated he did not investigate the reduced lot size at that time. Commissioner Pauba stated he does not disbelieve the fact that this residence on this lot would make it hard to add this amenity, however, a cul-de- sac lot is not unique in Plymouth and lots on cul-de-sacs do benefit home owners. Mr. Zenzen stated the deck would need a variance but the porch requires the variance as there is only one area of the home where it can be constructed. He stated that to change its location would create the need to board up one side of the home and remove walls which would be very costly. Commissioner Pauba inquired if Mr. Zenzen could reduce the 14 ft. dimension to 10 ft. Mr. Zenzen stated this would not be practical. Commissioner Pauba stated that Mr. Zenzen has not proven a hardship with his request. Chairman Steigerwald stated that it would seem that the enclosed porch could be reduced to 10 ft. and he concurs that a hardship is not proven. ARTHUR AND MARILY14 ZENZEN - CONDITIONAL USE PERMIT AMENDMENT FOR SETBACK ENCROACH- MENT AT 3975 BALSAM LANE (85079) Paae 189 Planning Commission Minutes August 2'-,, 1985 The Commission and Mr. Zenzen discussed the merits of revis- ino the plans for the porch. Mr. Zenzen explained that. there are slidino glass patio doors installed that would suggest that a deck/porch could be added, and that this area is the best to match the roofline of the home. Commissioner Mellen inquired about the fact that it appears the porch would overlook neighboring property and this could be an invasion of the neighbors' privacy. Mr. Zenzen stated that the sight line from the porch would be between the homes next door and that his neighbors have commented they hope he receives approval for his variance. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Wire, seconded by Commissioner Plufka MOTION TO APPROVE to recommend approval for the Conditional Use Permit ,Amend- ment to allow for a reduced rear yard setback within the "Mission Hills" RPUD for Arthur and Marilyn Zenzen at 3975 Balsam Lane, subject to the conditions as stated in the August 19, 19.35 staff report and based on the fact that the patio doors were installed at the time the home was built; that the porch dimensions are small; that the lot is a cul- de-sac lot; arid, the 4 ft. variance will not have an impact on the surrounding and adjacent properties. Commissioner Plufka stated he feels there is a uniqueness to the situation as far as the topography and the practical standpoint of constructing the porch on the area of the home where the sliding glass patio doors have been installed. He stated that Mr. Zenzen should have the same amenity as the other homeowners in the development. Chairman Steigerwald concurred, and stated that even though a hardship is not demonstrated, common sense rules that the addition will en- hance the appearance of the home where the patio doors have been installed. Commissioner Pauba stated that he speaks in favor of allowing the variance to allow the homeowner enjoy- ment of his home. Roll Call Vote. 5 Ayes. Commissioner Mellen, Nay. MOTION VOTE - MOTION CARRIED carried. Chairman Steigerwald introduced the Conditional Use Permit PRUDENTIAL INSURANCE Amendment request by Prudential Insurance Company and re- COMPANY/CONDITIONAL quested an overview of the August 15, 1985 staff report by USE PERMIT AMENDMENT Coordinator McConn. FOR REVISIONS TO THE MPUD PLAN FOR Chairman Steigerwald introduced Mr. Carlos Hodge, represent- NORTHWEST BUSINESS ing Prudential Insurance Company. Mr. Hodge explained the CAMPUS (85080) request and stated he would answer questions from the Commission. Page 190 Planning Commission Minutes August 2S, 1955 Commissioner Plufka inquired why these changes were being made in terms of location; if the expectation was to use this secluded spot for a facility that would promote the isolation of this area and that this would mean the facility would not be for transient trade but for planned events. Mr. Hodge stated that the facility if planned for 70 to 75% of the occupants to stay on a contract basis and they would spend several days in the facility. Commissioner Plufka stated he understands they are not deal- ing with specifics this evening, but noted that this loca- tion would be limited in terms for any on-site signage that would be visible, and inquired if this would be a problem? Mr. Hodge stated no, there is a monument sign at the entrance and this facility would have repeat business by corporate and business users who would be coming in groups for planned events. Commissioner Pauba inquired how large the facility would be and how many rooms. Mr. Hodge stated it is proposed there would be approximately 240 quest rooms, but that conferences would be the primary purpose for the facility. Commissioner Wire inquired about the number of stories. Mr. Hodge stated the front of the building is proposed as 1 to 2 stories, but would appear to be only one story because it would be earth sheltered, the facility is proposed to be 4 to 5 stories at the back where the guest rooms would be located. Commissioner Plufka inquired whether the parking would be to the south and if they could provide sufficient area for parking. Mr. Hodge confirmed the area of parking and stated they see the parking area as adequate. Commissioner Plufka stated his only concern would be that the traffic from the facility would go north instead of south. Mr. Hodge stated they would anticipate the people using the facility would be coming in on Highway 55 and would go back the same way as they would be coming from the airport. He stated that groups would spend from 3 to 4 days in the facility. Chairman Steigerwald opened the Public Hearing. Mr. Ed Heins, 2920 North Berkshire Lane, inquired what would be built on the other property now that the areas had been reversed. Mr. Hodge stated they do not have specific plans at this time, but office/office research facilities are proposed. Chairman Steigerwald closed the Public Hearing. =" -,-A c,-, Paqe 191 Planning Commission 11inutes August 26, 1965 Commissioner Wire stated he has concerns that if the financ- ing would not go through, the use could be different from that proposed at this time. He is concerned that another group could propose a lower calibre facility under this Conditional Use Permit Amendment if approved. Coordinator McConn noted that the request is for the revis- ion to the MPUD Plan as to use and that there is no specific plan being reviewed at this time. The petitioner has pro- vided a conceptual plan which will be reviewed in more detail in accordance with Ordinance requirements. Commissioner Wire stated that if this proposal does not materialize that the Conditional Use Permit Amendment should be revoked and the "swap" should go back to the original MPUD Plan. Coordinator McConn stated this is not within the staff recommendation. Commissioner Wire suggested the Conditional Use Permit Amendment be dependent upon the Site Plan. Commissioner Plufka commented that the Commission could give their recommendation on the revision to the Planned Unit Development and would be assured of reviewing all subsequent site plans to recommend approval or denial. Coordinator McConn further explained that the Planning Commission is re- viewing this revision as land use only and would be review- ing more detailed plans of all proposed development. Commissioner Magnus stated he is concerned about this change especially 20 years from now, when the economy could turn the whole plan around. Coordinator McConn commented that the original approval for the Planned Unit Development did not include detailed plans for the "hotel/motel"site. Commissioner Magnus stated the City should have protection from a developer who may feel that under this approval he would not be required to provide a high grade development. Chairman Steigerwald noted that, plans not meeting the City's requirements would be reviewed and recommended for denial. Commissioner Magnus questioned whether they would be required to come for for further review. Coordinator McConn stated detailed site plans for all sites within the Planned Unit Development must be reviewed by the Planning Commission and receive approval from the City Council. Chairman Steigerwald questioned the Commission adding conditions of approval to this request, as they have not done this with any other Planned Unit Development. He stated it is his opinion that this amendment enhances the concept of this development. Paqe 19? Planning Commission ilinutFs August 2b, 19S5 Commissioner Nire stated that the original plan for the hotel/motel area was approved because it Has next to the highway, and traffic would not be going north through the complex. He stated the proposal is qood but if it does not materialize he would not want to see another type of hotel facility proposed for this area, and he would want the areas to revert to the original proposal. Commissioner Magnus concurred. Commissioner Plufka stated there are controls on all devel- opment and any other proposal wi_11 have to come back through the Commission and Council for approval of changes or modi- fications. MOTION by Commissioner Plufka, seconded by Chairman NOTION TO APPROVE Steigerwald to recommend approval for the Conditional Use Permit Amendment for revisions to the Mixed Planned Unit Development Plan for "Northwest Business Campus" subject to the conditions stated in the August 15, 1985 staff report and adding Condition No. 5 to state that: "In recognizing this Amendment to the Mixed Planned Unit Development, the Planning Commission takes note of the Concept as set forth by Prudential Insurance Company for the conference center; and, if the concept fails, Prudential Insurance Company will amend the MPUD Plan as appropriate.". Commissioner Wire reiterated his concerns. Chairman Steiq_erwald commented that the concerns are valid, however, the City is working with a petitioner who is providing a quality development; and, this layout and location would improve the proposal. Roll Call Vote. 6 Aves. MOTION carried. VOTE - MOTION CARRIED Chairman Steigerwald introduced the request by Theresa and THERESA & WILLIAM William Hill for Lot Division, Variance, and Rezoning and HILL - LOT DIVISION requested an overview of the August 14, 1985 staff report by VARIANCE AND REZONING Coordinator McConn. (85069) Commissioner Plufka stated that it appears the parcel would be 53 1/2 ft. in width at the front setback. Coordinator McConn confirmed this. Chairman Steigerwald introduced Mr. Bob Gomsrud, who owns the existing residence. Mr. Gomsrud explained the land area. Chairman Steigerwald opened the Public Hearing. Teresa Mize, 5460 Norwood Lane, stated she was not clear on the location of the existing home and the location of the proposed parcel. Mrs. Hill responded. Paqe 193 Plannino Commission Hinutes August 25, 1955 Chairman Steiger„ald closed the Public Hearing. 110TI0H by Commissioner Pauha, seconded by Commissioner Wire to recommend approval for the Lot Division, Variance, and Rezoning for Theresa and William Hill, subject to the con- ditions as stated in the Auqust 14, 1965 staff report. Roll Call VOTE. 6 Ayes. MOTION carried. NEN' BUSINESS MOTION TO APPROVE VOTE - MOTION CARRIED MOTION by Commissioner Pauba, seconded by Commissioner MOTION TO APPROVE Mellen to recommend approval of Woodbridge Properties for Scoville Press, Reaffirmation of Site Plan approval for the construction of an industrial buildino at 14505 27th Avenue North, subject to the conditions as stated in the August 19, 1985 staff report. VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Steigerwald called a recess at 5:20 P.M. RECESS PUBLIC HEARING ON THE CAPITAL IMPROVEMENTS PROGRAM (CIP) The Public Hearing for the Capital Improvements Program com- menced at 8:30 P.M. Chairman Steigerwald introduced the Capital Improvements Program for 1986 - 1990 and noted the Commission will take input from those in attendance and will deliberate this in- formation at the September 11, 1985 Planning Commission meeting. He noted this will not be a Public Hearing, but invited those in attendance to come to this meeting. Chairman Steigerwald introduced Public Works Director Fred Moore. Director Moore stated he had overheads to explain the proposals and will answer any questions. He noted the CIP supports and complements development and allows the City to guide and direct development. Chairman Steigerwald stated they would begin by discussing the Program for streets. Director Moore and Commissioner Steigerwald discussed County Roads 6 and 15 and that County Road 15 would become part of the City's road system. Direc- tor Moore further explained that the trail will be completed as part of this improvement by widening the roadway to ac- commodate the trail. Chairman Steigerwald inquired about areas of reconstruc- tion. Director Moore stated a priority list will be pre- pared in 1986 for street improvements and reconstruction throughout the City will begin in 1987. Page 194 Planning Commission iIinutes August 2S, 19S5 Chairman Steigerwald introduced the Program for sanitary sewer and introduced the letter received from Hewitt Peter- son & Associates who are concerned about the construction of the Pike Lake Interceptor. Chairman Steigerwald introduced Mr. David Peterson, representing these concerns. Mr. Peterson stated they want to urge the Commission and Council to get sewer to the property in this area. He is concerned that the City has put too much emphasis on the plans by Tennant Company for their property; and, that Ten- nant Company has not responded by going forward with any development plans for their land. He stated their concern about the reguidinq for this area. Chairman Steigerwald stated the Commission is aware that the timing was not right for the reguiding of this land, and the City has been somewhat hampered with the problem of Tennant Company's inability or unwillingness to make a decision. Director Moore explained the history of this land informing the Commission that in 1980 the property was owned by Laukka & Associates who proposed a residential development. They sold the land to Tennant Company and their development plans were restricted by market conditions and the economy. He stated it has been economically unfeasible for the City to provide service from the north with a pumping station as there are topographical problems. He stated the City was unwilling to condemn land because of the size of the property; and, Tennant Company had said they would provide potential sewer line alignments. However, they have not said they will give the City the easements without cost which could necessitate those property owners who want sewer service to bear the cost. Chairman Steigerwald stated this property has "dangled" for some time, however, it is difficult and expensive for the City to provide service. Mr. Peterson stated he knows the practicalities of the mat- ter and they will go before the Council to discuss the financial aspects. He stated the costs can be worked out, and he wants to urge that service be provided to their land in 1986. Mr. Bruce Rashke, 5200 Willson Road, #407, Minneapolis, MN 55424, stated he represents "Metal Masters" who are also concerned about the emphasis the City has placed on develop- ment plans from Tennant Company. He stated they realize there will be costs involved, but they want the area ser- viced regardless of what Tennant Company decides. He stated the City should provide service to the businesses in this area who are requesting the service. Page 195 Planning Commission F1inutes August 2S, 1955 Ben Stroh, Superior Ford, stated they have been waiting for service since 1979. He stated he encourages a feasibility study, be prepared to study servicing this land with a lift station on a temporary basis. Director Moore stated that the cost proposal has been made available, however, the City has not heard back on the fund- ing from attorneys and representatives of the area businesses. Chairman Steigerwald inquired if there are water problems there now. Mr. Stroh stated no, but that these could occur and they feel fortunate they have not had many problems. Mr. Raschke stated they have a problem with run-off and that they have been faced with substantial expense because of the septic system now in use. He reiterated he would like this resolved. Steve Poindexter, Poindexter, Oacosbon & Stromme, Multifoods Tower, Minneapolis, Mid 55402, stated he represents a proper- ty owner who is also concerned about Tennant Company's in- decision on development of their property and that the City is taking no action on getting service to properties in this area. He stated that if the City is not able to put in the Pike Lake Interceptor, alternatives should be formulated such as bringing service from the south. He stated they have the authority to request a feasibility study regarding the ability to hook-up to the sewer to the south with the use of a lift station. It is his opinion this should be ready for review by the City Council. Director Moore explained the substantial cost for this alternative. Chairman Steigerwald explained that they will make their recommendations to the City Council who will take action on their input. However, the Commission does not deal with the financial aspect of any proposal. Commissioner Plufka further explained that the Commission will weigh the importance of the project relative to devel- opment in the City and determine the urgency. Chairman Steigerwald added that the Council will act on the Programs at one of their meetings in late September or early Oct- ober. He reaffirmed that the input from this meeting will be deliberated by the Commission before they forward their recommendations to the City Council. Mr. Poindexter inquired if the Commission will be given the feasibility study. Chairman Steigerwald stated they will review it if it is available. Director Moore reiterated that the study has not been requested, nor has there been an offer to pay for it, therefore it is very unlikely any study would be available for consideration at the September 11, 1985 meeting. Zia Page 196 Plannina Commission Minutes August 28, 1985 Mr. Poindexter stated he does not want arty complications with Tennant Company and that the feasibility study is important to dvelopment of their land. He stated they expect fair treatment from the City regarding the zoning of the land and it is critical that the City have an alterna- tive solution to the Pike Lake Interceptor. He stated they are very concerned about being rezoned to FRD (future re- stricted development) District because they have not been serviced with utilities. Chairman Steigerwald assured him that the Commission will deal with these problems and their recommendations will be forwarded to the City Council. Bob Lindell, 5505 North County Road 18, stated that only a small area of the property is low and that a lift station should not be a problem. He stated it would be less expen- sive to service the property from the south. Director Moore stated that the Comprehensive Sewer Plan was designed for the entire City and are the most economically feasible to service areas of Plymouth. He noted that a lift station cannot handle this entire area and trunk sewer must be installed. He stated this could be a major expense for the small number of businesses which could be served. He explained that any interim measures will have an interim life as far as capacity. Any major development to the south would require the capacity used by ,a temporary lift station. Director Moore explained the plans for sewer in 1990. Com- missioner Wire inquired about in -fill corrections. Director Moore explained that a study is underway. Chairman Steigerwald explained the City Council format which would allow two people to speak on an item and that those interested should plan accordingly. Messrs. Poindexter and Peterson requested a copy of informa- tion which explains this format. Chairman Steigerwald introduced the Water programs. Commis- sioner Wire inquired if the capacity is adequate from a planning standpoint, and noted that a watering ban has been in effect for the City of Plymouth. Director Moore stated there is adequate water, but not for unlimited use for lawn watering. Commissioner Wire inquired if Plymouth could add to their capacity. Director Moore stated there are studies underway and that the City has doubled its well capacity in the past four years. He stated that a metro -wide watering ban may be instituted because all municipalities and the metropolitan area know the need to use their water wisely. Page 197 Planninq Commission Hinutt-s August 2S, 1955 Commissioner Magnus inquired if there was sufficient capa- city for fire protection now and in the future. Director Moore stated the City is not in trouble here, and that pump- er trucks increase the safety factor. Chairman Steigerwald inquired about selling water to St. Louis Park. Director Moore stated the City sells to St. Louis Park only during the winter months. Commissioner Wire noted that rates have gone up and that it would seem that those who are not heavy water users should not subsidize those who are, such as those homeowners with automatic lawn sprinkling systems; the large consumers should pay hiqher rates. Director Moore stated this had not been considered, a flat rate is paid per gallon. He stated that the rate increases provide financing for the wells, towers, and water treatment; and, should discourage high water useage. Director Moore explained about the area aqui- fer and water treatment which is being studied. Chairman Steigerwald introduced the discussion on the storm sewer program. Director Moore stated there is nothing spec- ific concerning this and that installation is normally in conjunction with development. Chairman Steigerwald inquired about upgrading, especially some of the old open drainage ditches. Director Moore stated there would be some upgrad- ing done. Commissioner Plufka inquired about pond mainten- ance, water quality, and dredging. Director Moore commented that the State has mandated the Wastershed Districts to pre- pare management programs. Plymouth participates in four of these organizations who are preparing plans for water qual- ity. They should be completed by December, 1986 for at least one of the management organizations and the others are underway. Chairman Steigerwald introduced discussion of Fire Station No. 3. Director Moore stated the facility is planned for western Plymouth and the locations under consideration are Dunkirk to Highway 101 to County 24, however an exact site has not been selected at this time. Commissioner Wire in- quired if the cost includes equipment. Director Moore answered affirmatively. Commissioner Mellen suggested that it might be feasible to consolidate an ambulance service with this new station. Director Moore stated this had not been considered, but is a good idea. Chairman Steigerwald introduced the discussion on the Park programs. He explained that the cash fees -in -lieu of land dedication are put into accounts for the development and acquisition of parkland, however, this money is not used for maintenance. The Commission's concensus was that even though maintenance costs are high, the park program is important to the quality of the community. -'A c� Page 196 Planning Commission Minutes August 28, 1965 Commissioner Wire stated his concern whether it is good planning to recommend installation of sewer (such as in Area A as discussed) before there are definite development plans. If the sewer is installed and development does not follow this could put pressure on the City to accept what- ever type of development is proposed for the area. He stated it is his opinion this should not be a "carte blanche" decision. Chairman Steiqerwald agreed this was a good point and inquired how much of this area was represented by those who spoke to the Commission. Director Moore stated that Hewitt Peterson represents a large area, however the others repre- sent much smaller parcels. He added that a temporary pump- ing station could not include development on the Peterson property. Commissioner Plufka noted that if the Commission does not make a recommendation to accomplish servicing the area, the Commission and Council must "bite the bullet" on the zoning because if the area is not serviced, it should be designated as FRD. Chairman Steigerwald closed the Public Hearing. OTHER BUSINESS The Commission suggested that upgrading and roadway planning should be part of the planning for a proposal for a shopping center in the area of Highway 101, Highway 6, and Olive Lane. Coordinator MclConn discussed upcoming agendas and new busi- ness items. . 1NT1IT;Z:I. VrI The meeting adjourned at 10:10 P.M. =_ .4 b THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS August 12, 1985 The Reqular Meetinq of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.Id. MEMBERS PRESENT: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass MEMBERS ABSENT: None STAFF PRESENT: Associate Planner Al Cottingham MINUTES MOTION was made by Commissioner Bigelow, seconded by Commis- sioner Musatto to approve the July 15, 1985 Minutes as MINUTES JULY 15, 1985 amended. VOTE. 4 Ayes. Commissioners Plufka, Cornelius and Quass abstained. OLD BUSINESS Chairman Marofsky introduced the request submitted by WALSER CORPORATION Walser Corporation for a variance from the maximum sign 9825 56TH AVENUE NO. square footage and height for property located at 9825 56th Avenue North. Chairman Marofsky introduced the Board mem- bers and explained to the audience the duties of the Board. Mr. Richard Sjoquist, representing Walser Corporation re- viewed the proposal noting the size of the existing signage versus the proposed signage. Mr. Sjoquist showed pictures of the signs from different areas and pointed out the height difference of the Ford signage on the site to the north. He noted that this was due to an elevation difference between the two sites, but felt that this did hamper their adver- tisement. He went on to state that with their site being set back from County Road 18 and buildings between them and County Road 18 that this renders poor visibility from either County Road 18 or County Road 10. Chairman Marofsky inquired of the petitioner, about the in- formal discussions he has had with staff in regards to locating an additional dealership on this lot. Mr. Sjoquist responded that they have decided against pursuing such development. Paqe 2 Board of Zoning Minutes August 12, 1985 Commissioner Quass inquired how this hardship is unique to this parcel. Mr. Sjoquist responded that since this site is not located immediately adjacent to County Road 18 and that the elevation is lower than that of the property to the north, it gives this site poor visibility. Commissioner Plufka was concerned as to how you allow this car dealership to increase their signage and not allow the Ford Dealer to increase his. Commissioner Quass stated that it seems that the hardship was being created by General Motors and not the City since they only had certain size signs that the dealers could use and were not flexible in allowing different sizes that they make. Chairman Marofsky pointed out to Mr. Sjoquist that the existing siqnage could be moved to the east, maintain the 20 ft. setback and give them better visibility. Also, there are other alternatives that could better the marketing of their site. Commissioner Quass had some concern with whether or not it would really help to have larger signs to promote their business, or should they increase their marketing via the newspaper, radio or TV. MOTION was made by Commissioner Victor, seconded by Commis- sioner Cornelius to deny the variance request for Walser MOTION TO DENY Corporation located at 9825 56th Avenue North for the fol- lowing reasons: 1. The variance criteria have not been met. 2. The existing signage exceeds the Ordinance standards. Substitute MOTION by Commissioner Quass, seconded by Commis- sioner Mussatto to table this proposal, directing the peti- MOTION TO DEFER tioner to submit marketing data showing that the existing signage is inadequate and that the proposed increased sign- age would help their business. It was noted that this in- formation should be received within 90 days or this item would appear before the Board for action at their November meeting. VOTE on the substitute MOTION. 7 ayes. MOTION carried. SUBSTITUTE MOTION NEW BUSINESS: VOTE - MOTION CARRIED Chairman Marofsky introduced the request submitted by Ross ROSS POMERENKE Pomerenke for a variance from the rear yard setback for pro- 14125 40TH AVE. NO. perty located at 14125 40th Avenue North. Page 3 Board of Zoning 11inutes August 12, 1985 Mr. Pomerenke stated that he had no comments to add to the staff report and his narrative included in the report. Commissioner Quass questioned staff as to the location of the deck on the survey and felt that it was not properly located. Staff clarified that there were two sets of slid- ing glass doors and this was the appropriate location for the proposed deck. MOTION was made by Commissioner Plufka, seconded by Commis- RESOLUTION NO. B 85-18 sioner Musatto to approve the request for Ross Pomerenke for MOTION TO APPROVE property located at 14125 40th Avenue North for the follow- ing reasons and subject to the following conditions: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. Chairman Marofsky noted that he had two concerns; one is lack of maintenance and two, that no sod had been installed on this property; Mr. Pomerenke should be doing_ this before putting a deck onto his home. MOTION was made by Chairman Harofsky to amend the main motion by adding Condition No. 3 stating that the petitioner MOTION TO AMEND should provide a copy of a contract showing that this pro- perty would be sodded by October 15th or a financial guar- antee of some sort to cover the sodding of the site. Motion died for lack of second. VOTE 7 ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Marofsky introduced the request submitted by Mr. STEVEN CHELTE AND Steven Chelte and Deborah Strum for a variance from the DEBORAH STRUM front yard setback and lot coverage for property located at 1401 WEST MEDICINE LAKE 1401 West Medicine Lake Drive. DRIVE Mr. Chelte reviewed his request and stated that they had decided to propose the detached garage, placing it within six ft. of the side property line, leaving it approximately 20 ft. back from the front property line. Also, they would like to increase the deck size to 10 ft. by 25 ft., rather than 9 ft. by 25 ft. He stated that the new garage would be located over the foundation of the old garage that was destroyed when a tree fell on it. The Board discussed the size of this lot, the location of the garage and the deck. It was determined that the unusual shape of this lot and topography was very restrictive for locating the garage and deck in any other manner. Page 4 Board of Zonina Minutes Auqust 12, 1955 MOTIOPJ was made by Commissioner Mussatto, seconded by Com- RESOLUTION NO. B 85-19 missioner Plufka to approve the request for Steven Chelte RESOLUTION NO. B 85-20 and Deborah Strum for property located at 1401 West Medicine MOTION TO APPROVE Lake Drive for the following reasons and subject to the following conditions: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. VOTE, 7 ayes. MOTION carried. Chairman Marofsky introduced the request submitted by Mr. Ronald Haekenkamp for a variance from the required rear yard lot coverage for property located at 425 Quantico Lane North. Mr. Haekenkamp reviewed his request and stated that they would like to change the size of the garage from 1,200 sq. ft. to 1,000 sq. ft. and would like to exceed the height re- quirement of 12 ft. the change would allow a 10 ft. overhead door on the garage, so they can fit their truck on a trailer into the garage. He reviewed the Ordinance criteria and stated that the Ordinance was placing the hardship on them by only allowing them to have a 30 percent rear yard lot coverage, if the structure was attached to the house then it could be 1,000 sq. ft. He also identified other garages in the area that were approximately 1,000 sq. ft. in size and had been in existence for some time. Chairman Marof5ky stated he questioned the hardship that the Haekenkamps were facing, in that they created their own hardship by having so many vehicles and not the Ordinance. Discussion continued amongst the Board members and staff as to the Ordinance requirements for lot coverage and the term- inology used in determining the 30 percent rear yard lot coverage. Commissioner Plufka stated that as he saw it, the Board had three alternatives which included denying the request and the petitioner could appeal the Boards decision to the City Council; deny the request and ask the City Council to look at the Ordinance to see if they feel the Ordinance should be amended; or, approve the request and then recommend that the Council amend the Ordinance language to allow for an accessory structure of 1,000 sq. ft. in the rear yard. Discussion continued on amending the Ordinance and the dif- ficulties this would place on the City. They questioned whether or not allowing people to locate a structure of that size in their rear yard would be acceptable. VOTE - MOTION CARRIED RONALD HAEKENKAMP 425 QUA14TICO LANE Page 5 Board of Zoning Minutes August 12, 1955 110TIOH by Chairman Musatto, seconded by Commissioner Ouass to deny the request for Ronald Haekenkamp for property located at 425 Quantico Lane for the following reasons: 1. The variance criteria have not been met. 2. This would set an undesirable precedent in the City. 3. A garage could be constructed within the Ordinance standards. RESOLUTION NO. B 85-21 MOTION TO DENY VOTE 6 Ayes. 1 nay. Commissioner Plukfa voted nay. MOTION VOTE - MOTION CARRIED carried. Chairman Marofsky reviewed the Ordinance proceedings for the petitioner in regards to the rights to appeal the Boards decision to the City Council. MOTION was made by Commissioner Plufka, seconded by Commis- MOTION TO APPROVE sioner Bigelow to recommend that the City Council review the Ordinance requirements of the rear yard coverage for resi- dential detached structures. VOTE. 7 ayes. MOTION carried. VOTE - MOTION CARRIED MOTION was made by Commissioner Plufka, seconded by Commis- MOTION TO RECOMMEND sioner Bigelow to recommend that the City Council review the Zoning Ordinance standards because the Board is having dif- ficulty finding that petitions meet the six criteria. VOTE. 7 ayes. MOTION carried. VOTE - MOTION CARRIED ADJOURNMENT. The meeting adjourned at 9:55 p.m. =`4 b 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 12th day of August . 1985. The following members were present: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following members were absent: None Commissioner Plufka adoption: tom* *** introduced the following Resolution and moved its RESOLUTION 140. B 85-18 APPROVING VARIANCE REQUEST FOR ROSS POMERENKE, 14125 40TH AVENUE NORTH (08-01 85) WHEREAS, Ross Pomerenke has requested approval of a 13 foot rear yard setback rather than the Ordinance rear yard setback of 25 feet in order to construct a 12 x 20 foot deck onto his existing home; WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; N0W, 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 Ross Pomerenke, for a variance for a 13 foot setback on property located at 14125 40th 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, the following voted in favor thereof: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. 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 12th day of August . 1985. The following members were present: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following members were absent: None Commissioner Musatto adoption: introduced the following Resolution and moved its RESOLUTION NO. B 85-19 APPROVING VARIANCE REQUEST FOR STEVEN CHELTE AND DEBORAH STRUM 1401 WEST MEDICINE LAKE DRIVE (08-02-85) WHEREAS, Steve Chelte and Deborah Strum have requested approval of a 15 foot encroachment into the Ordinance front yard setback of 35 feet in order to construct a 22 x 24 foot garage onto his existing home; 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 Steven Chelte and Deborah Strum for a variance for a 20 foot setback on property located at 1401 West Medicine Lake Drive 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 Plufka , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. 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 12th day of August . 1985. The following members were present: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following members were absent: None Commissioner Musatto introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85-20 APPROVING VARIANCE REQUEST FOR STEVEN CHELTE AND DEBORAH STRUM 1401 WEST MEDICINE LAKE DRIVE (08-02-85) WHEREAS, Steve Chelte and Deborah Strum have requested approval of a 21.1 ft. encroachment into the Ordinance front yard setback of 35 feet in order to construct a 10 x 25 ft. deck onto his existing home; 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 Steven Chelte and Deborah Strum for a variance for a 13.9 ft. setback on property located at 1401 West Medicine Lake Drive for the following reasons: 1. The variance criteria have been met. 2. This does not set an undesirable precedent in this neighborhood. 3. No other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Plufka , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH =-4 Q 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 12th day of Auqust . 1985. The following members were present: Chairman Marofsky, Commissioners Plufka, Bigelow, Victor, Musatto, Cornelius and Quass The following members were absent: None Commissioner Musatto introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85-21 DENYING VARIANCE REQUEST FOR RONALD HAEKENKAMP, 425 QUANTICO LANE NORTH (08-03-85) WHEREAS, Ronald Haekenkamp has requested approval of a 19% increase of the Ordinance allowed 30% coverage of the rear yard in order to construct a 1,000 sq. ft. detached garage; 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 deny the request for Ronald Haekenkamp, for a variance for a 19% increase lot coverage on property located at 425 Quantico Lane North for the follo�sing reasons: 1. The variance criteria have not been met. 2. This would establish an undesirable precedent in this neighborhood. 3. An improvement could be developed within the Ordinance standards. 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 Bigelow, Victor, Musatto, Cornelius and Quass The following voted against or abstained: Commissioner Plufka Whereupon the Resolution was declared duly passed and adopted. EXECUTIVE SECRETARY Judie Anderson 3030 Harbor Lane Plymouth. MN 55441 Phone 612 553 144 elm creek Watershed Management Commission TECHNICAL ADVISOR Hennep,^ Conservation D!stnct 12450 Wayzata Boulevard MinnetonKa MN 55343 Phone 612,544-8572 M I N U T E S August 14, 1985 I. The meeting was called to order at 5:10 p.m. by Chairman Fred Moore. =--L� C__ . II. Robert Derus moved and Earle Strande seconded a motion to approve the July 10, 1985, minutes. Motion carried. III. Derus moved and Steve Peaslee seconded a motion to accept the Treasurer's Re- port and pay the bills, including an additional bill from Will Hartfeldt in the amount of $809.20. Motion carried. IV. Those present: Terry Muller - Maple Grove Leon Zeug - District Office Earle Strande - Dayton Robert Derus - Corcoran Dave Anderson - District Office V. Reports from the District Office. Fred Moore - Plymouth Randy Johnson - Champlin Mark Johnston - Park Reserve Steve Peaslee - Hassan Judie Anderson - Secretarial Service A. Plymouth Flooding - The Plymouth City Council, at its July 12th meeting, declined to approve funding for a study of water levels at the site under discussion. Moore moved and Muller seconded a motion requesting the HCD to investigate the ef- fects from a channel cleanout on Elm Creek on the duration of flooding from summer rainfalls upstream of County Road 47. Motion carried. The results from this in- vestigation shall be available for the Commission's September meeting. B. Stream Monitoring - Results of the June 14th monitoring of Elm Creek and its tributaries have been recorded. Concentrations of suspended solids and volatile suspended solids and turbidity were within acceptable limits at all sites except Hamel. Turbidity was found to be within acceptable limits at all sites while con- centrations of total phosphorus continued high in June, with the highest concentra- tion occurring at the boundary between Elm Creek Park Reserve and the City of Cham- plin. Fecal coliform bacteria were within acceptable limits at all sites except Hamel and in the Elm Creek Park Reserve. C. Lakes Monitoring - Results of the June and July monitorings are available from the District Office. D. Mill Pond Inspection - The Mill Pond was inspected on July 15th. The ex- tent of winter -killed areas was becoming apparent. Qualitative and quantitative weed surveys are being done. The next quantitative survey is scheduled for August. Minutes August 14, 1985 VI. Copies of the 1984 audit report were distributed. Judie Anderson was di- rected to ascertain from the accountant what financial basis was used in compiling the report. VII. Derus moved and Peaslee seconded a motion directing Judie Anderson to pur- chase a bond from State Farm to bond the signatures of the officers with a fund balance of 60,000.00. Motion carried.. VIII. Champlin Mill Pond - Johnson requested a 50/50 split of monies from Champlin and the Commission to fund a study on methods of cleaning, improving, and maintain- ing the Mill Ponnd. Moore moved and Derus seconded a motion requesting the District Office to try to complete its study of this subject by October first. Motion car- ried. Its contents will be discussed at the Commission's October general meeting and be available for a meeting in Champlin on October 22. IX. Johnson moved and Peaslee seconded a motion concurring in Moore's appointment of Terry Muller, Earle Strande, Fred Moore and alternate Steve Peaslee to the Tech- nical Committee of the Commission. Motion carried. The Committee will meet at the office of the HCD and meetings will be called by Leon Zeug in a timely manner. X. Plat Reviews. A. 85-013 Elm Creek Estates - Maple Grove. Muller moved and Strande seconded a motion to approve the recommendation of the HCD. Motion carried. B. 85-014 Shadow Creek - Maple Grove. Peaslee moved and Johnson seconded a motion approving the plans for cutting and filling in the floodplain. Retention plans will be reviewed at a later date. Motion carried. C. 85-015 Northwoods First Addition - Maple Grove. Strande moved and Peaslee seconded a motion to approve the recommendation of the HCD. Motion carried. D. 85-016 Maple Ridge - Maple Grove. No action. E. 85-017 Rice Lake Road Restoration - Maple Grove. Muller moved and John- son seconded a motion to approve the recommendation of the HCD. Motion carried. F. Lutz's Elm Creek Addition - Medina. A grading plan is required. No action taken. The meeting was adjourned at 6:45 p.m. Respectfully submitted, Judie A. Anderson Executive Secretary JA WASTELINE August 1985 Issue No. 9 Editor: Joan Steinmann SELLING RECYCLING TO THE PUBLIC — MAGIC? What does it take to get people to recycle? It's a cr -tial question for any governmental agency or private group that's starting up a recycling program: if publicity doesn't reach out to inform people and spur them to participate, all the other efforts associated with such a program are wasted. What makes for a successful publicity campaign? Speakers at one of the panels at the June "New Roles in Recycling and Composting" conference in St. Paul offered a number of answers. "Repetition, reinforcement and persistence are all-important, said Regina Desvernine, who represented Holt & Ross, Inc., the public relations firm that put together the first statewide recycling campaign, in New Jersey. "Start with a common theme—then everything one organization does can reinforce what the others are doing," said Desverine. "And don't let recycling problems overwhelm you." New Jersey's theme was magic, and Mr. R.E. Cycle (William Romer), the campaign's traveling magician, performed while Desvernine spoke. His character and the magic theme are known throughout the state, not only because of his performances but through their appearance in newspapers, on grocery bags and in a massive billboard project. One difficulty for the New Jersey campaign was reaching the local level. "We had to seal seven and a half million people on recycling, but the hard part was selling the local governments," said Desvernine. Persisting with a memorable, attractive campaign paid off. "What local or county official can resist a picture of himself in the newspaper? What child can resist magic? And businesses love community relations projects." Still, maintaining awareness and participation must be an ongoing effort, said Desvernine. "Our job is to continue to promote, promote, promote." Char Iten, Delano city council member and one of the initiators of the recycling program that now serves Delano, Greenfield and Independence, emphasized the importance of reaching children through the elementary schools and enlisting the help of volunteer organizations. "We started the recycling program because Hennepin County threatened to site a 'mega -dump' near us," said Iten. A local women's group made large, simple posters illustrating the landfill problem and how to recycle, and showed them to kids at school. Eventually, 18 organizations joined with the women's group to take brochures from door to door when the program began to offer curb -side pickup of recyclables. A local grocery printed recycling information on its bags. The program was honored with a $12,000 award from Sears Roebuck & Co. SEP �JITY&"r "Counties and municipalities need to take a larger role in public education about recycling, along with the companies that provide the service," said Colleen Halpine, a solid waste planner for Ramsey County. She spoke about the county's efforts to promote both recycling and composting. To publicize composting, the county had how-to brochures distributed to every household, placed notices in local news- letters and in the St. Paul Pioneer Press and Dispatch, and put together brief, clear public service announcements for radio and television. For recycling, the county also produced a 24 -minute videotape to be aired on cable television, and hired a half-time staff person to concentrate on publicity. Bernie Beerman, of Beerman Services, stressed high-quality service as the key to making promotion of a recycling program effective. Beerman Services picks up recyclables from several Twin Cities Area communities and runs a drop-off site. "Dependability is very important in promotion," said Beerman. "Remember you're competing with a highly dependable solid waste collection industry." For example, if stops are missed in a curbside pickup program, "have a back-up system, such as a drop-off site." Beerman also recommended providing effective, complete instructions for recycling and maintaining good relations with customers. "When you distribute information, it has to be very specific," he said. "Spell it out, for instance, if material must be sorted. People won't always ask questions if they don't understand." But even so, Beerman advises against arguing with people if they don't follow instructions perfectly. "The customer is always right," he said. "Pick it up even if it isn't properly sorted. Don't leave stuff behind." Also, problems with customers can be turned to a program's advantage. "You can turn complainers into promoters of your program," by responding politely and constructively, Beerman said. "If they bother to call, it means they care and they can help." Finally, "Don't forget 'thank you'," said Beerman. NEW COMMITTEE TO HELP GET OUT THE WORD ON RECYCLING, RESOURCE RECOVERY Letting people know about landfill abatement programs and encouraging them to participate is especially important in the Twin Cities Area, because a new state law and the Metro politan Council's solid waste policy plan call for an end to land disposal of unprocessed trash in 1990. Now a new interagency steering committee set up by the Council is working on a plan to improve publicity about efforts to reuse and recover resources from trash in the region. The Solid Waste Public Education Steering Committee— including members from such diverse agencies as the Council, the Minnesota Pollution Control Agency, the Association of Metropolitan Municipalities, the League of Women Voters and Jacobson's Sanitary Service—is one of the first attempts to pull together all the various government agencies and private organizations that are marketing abatement programs or simply providing information about solid waste management. The need to coordinate the efforts of these groups has grown acute as many new recycling and composting projects spring up around the region. Through the committee, which was called for in the Council's solid waste plan, the groups can share ideas and resources, find out about existing publicity tools and use them where possible—instead of creating new ones for each new program. After studying the various programs that promote recycling and resource recovery, the committee will decide whether a unified regional publicity campaign is necessary, and what role each agency should play. It will establish a permanent regional clearinghouse for information about solid waste management and develop strategies for reaching specific segments of the population. The committee will also explore different ways of funding publicity efforts, and help decide which criteria the Council should use when giving out grants and loans for public education on landfill abatement. The committee is expected to release its recommendations for public comment around the end of September. COMPOSTERS SWAP TRADE SECRETS Leaves, grass clippings and other yard waste make up a fifth of all trash going to Twin Cities landfills, but composting looks like a promising way to deal with the high volume of this organic material produced annually in the Twin Cities Area. To explore its possibilities and problems, representatives of existing composting programs—and people interested in starting new ones —met in July at a forum sponsored by the Metropolitan Council. Many speakers at the forum underscored the problem of marketing the compost. In most cases, that means giving it away now, but the need to find takers of the compost is growing as the supply increases. Publicizing the fact that the compost is available and making it easy for people to get it are keys to the problem, most speakers agreed. "There's no problem getting rid of compos; if a city is willing to deliver it," said Mike Banwart, a planner in Hennepin County's Environment and Energy Department. He noted that Minneapolis, which delivers compost within a 25 -mile radius, couldn't keep up with the demand for it. Composting programs in the Metropolitan Area vary widely. Some use no special equipment, and don't water or turn the compost to promote decomposition. Some control the access to drop-off sites to discourage dumping of noncompost able wastes or have their employees monitor the dumping. A number of operations turn the compost piles regularly and shred the yard waste for better consistency (Hennepin County uses a $95,000 shredding machine). -I:_-5 Costs vary also. In Ramsey County alone, costs per ton of yar waste composted range from $12 to $100. Many of these variations reflect differences in the needs and character of different parts of the Twin Cities Area. In rural areas, Washington County emphasizes backyard composting, said county planner Zach Hansen, but the county also set up centralized sites to serve more densely populated areas. Washington County's Forest Lake composting site now receives lake weeds, solving a local disposal problem and supplying "moisture that helps the breakdown process," Hansen said. Yet discussion at the meeting did suggest that centralization and pooling of resources could benefit composting efforts. One possibility is sharing expensive equipment that's used only intermittently. Another is consolidating composting operations at "mega -sites." Rick Hlavka, a solid waste planner in Ramsey County's Public Health Department, said a 100 -acre site could receive county yard waste in the future. Specific subjects—such as finding sites for composting, publicity for programs and the problem of lead in compost— will be topics of discussion at smaller meetings during the next few months. If you're interested in attending or getting more information about composting in the area, call Grant Scholen, of the Council's staff, at 291.6549. REPORTS AVAILABLE PROFILING RECYCLING, COMPOSTING PROGRAMS Want to start a community recycling or composting project? Interested in what programs are already operating in the Twin Cities Area? Two reports put together by the Metropolitan Council's solid waste assistance team can help you out. Each is a collection of profiles of selected Twin Cities Area recycling and composting programs, providing basic information about organization, financing, staffing, hours and type of services. The reports give an overview of current "low-tech" landfill abatement activities in the area. Although not every recycling or composting program in the region is included, the reports offer a good introduction to the bigger ones—and many of the small ones as well. The emphasis is on programs affiliated with local governments. To get copies of Profiles of Selected Metropolitan Area Recycling Programs (pub. no. 12.85-069) or Profiles of Selected Metropolitan Area Leaf Composting Programs (pub. no. 12-85-070), call team coordinator Jim Uttley at 291.6361. WILL TOMORROW'S FUEL BE AS CLOSE AS YOUR TRASH CAN? Today's time machine, as suggested by the hit summer movie Back to the Future, is a plutonium guzzler, but 30 years hence all it will need to run is mixed municipal solid waste. The mad scientist who invents the device can travel back through the decades to 1985 and then give his newly made friends a return trip to 2015. There's no need to worry about procuring plutonium to fuel this trip: the scientist simply thrusts some stuff from the garbage can—banana skin, beer bottle, etc.— into a neat little unit on top of the machine, and they all blast back to the future. With a little ingenuity, who knows what uses technology may eventually find for trash? Printed on recycled paper. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612)559-2800 MEMO DATE: August 30, 1985 TO: Blair Tremere, Director of Community Development FROM: Joe Ryan, Building Official 3p - SUBJECT: PLAN REVIEW Since June 1st, Gene Soboy has performed the Plan Review of 119 new single family building permit applications. Listed below are the totals for each month, together with a weekly average. MONTH TOTAL WEEKLY AVERAGE June 49 12 July 44 11 August 26 7 With the incorporation of Gene's services, we have been able to reduce the turn -around -time on the issuance of new single family building permit applications to approximately four to five business days. Please contact me if you have any further questions. Thank you. Application Received by City on: Committee(s)/Commission(s) Applied for: 1st Choice Park & Rec Advisory Committee 2nd Choice anning Commission _ CITY OF PLYMOUTH APPLICATION FOR APPOINTMENT TO COMMISSION OR COMMITTEE Personal Information Name: Michael W. Sankey _ Age: 38 Home Phone: 559-4326 Home Address: 4630 Terraceview Lane Number of Children: 2 7 & 9 Ages (of those living at home): Lived in Plymouth since: 1983 Property (other than residence) owned in Plymouth: none Occupation Present employer: Position Title: Education Name of Institution City of Medina Work Phone: 473-9209 Chief of Police Normandale St Comm Coll Metropolitan State U Course Work Taken Beyond High School To/From Degree/Credits 74-75 AA 76-77 BA Area of Emphasis General Public Administration Previous Experience List other civic experience you have had including name of organizations, dates of participation, name of city, position held and accomplishments: I have planned and directed a bike-a-thon for St. Judes Research Hospital in Sept 82. I have assisted in coaching youth soccer the past two years and now am currently coaching one soccer team and assisting on another. I am a heavy user of Plymouth park facilities and am familiar with a great deal of the city. List other relevant experience --E / I have extensive public speaking experience. Opinion Questions What do you believe you could contribute to the community if appointed to a City commission or committee? Why? I have a broad general background in the inner workings of city government including personal experience dealing directly with commissions and city councils. I understand procedure and law. I have a very keen interest in the development of the City overall and I believe that my experience and knowledge would be an asset to the city. How do you believe you would benefit if appointed to a committee or commision? I believe the broader understanding of the overall planning and operation of the City government would make me a better citizen and voter. I would hope to share my increased awareness with other people both inside and outside the community. As a commission or committee member, what issue(s) might cause conflict between civic responsibility and personal/professional interests? I do not believe that there are any areas of conflict. Date available:immediately Available for commission/committee meetings on the following evenings (circle) Mon ues, We , Thu. P Fr (except 1st & 3rd Tues) Signed: ��17�Q L„� ��� Date: August 29, 1985 SCHOOL ZONE ACCIDENT PREVENTION PROJECT Date Time Officer Sept. 3 0700-0900 8 1400-1600 19 Sept. 4 0700-0900 5 Sept.11 1400-1600 20 Sept. 5 0700-0900 8 Sept.12 1400-1600 20 Sept. 6 1400-1600 20 Sept. 9 0700-0900 9 1400-1530 16 Sept.10 1400-1600 21 Sept.11 0700-0900 7 1400-1530 19 Sept.12 0700-0900 8 1430-1630 19 Sept.13 0700-0930 9 1400-1600 16 Sept.16 n700-0930 9 :400-1600 16 Sept.17 1400-1600 20 Sept.18 0700-0900 9 Sept.19 0700-0830 8 1430-1530 21 Sept.20 0700-0830 8 1430-1630 19 ARMSTRONG SR. 0730-1420 hrs. PLYMOUTH JR. 0830-1510 hrs. Pilgrim Elem. 0905-1525 hrs. .w<. •.2 x �' : S �. T `tom' .. 91?E-[E-N- -T-LVG- LV ,uffl -.zMUSE '�-+- ate, � � zz r�� _..rt }..,5'J. x .. - ��'••_ F-. Z-• -kilt y - i }+V. Jk ,p. Y •� AL REFER' TO MY MAC-E� Vy - e,•,�-TJ; �jr: .'' 'nAO AC Williams and Terr y j: Holcom� . . t rdlf e r iy�i.�� �Y r w. `' a srj,}'!C. 'tom?"•%'. 7'_ -Iv, - .. c.: wr.e � f k •e 4• *-tS-+[�bT Yl..•al�h--�. t'_ t .•—r �^�.. ..� -�.' .� At, rARM&oncomwnONjSErrEM9ER 190 ROWING NATIONAL AIN'D LOCAL concerns about child abduction and molestation prompted the Parks Depariment and the Security Division of the Public Works Department in Broome County, NY, to establish a program for preventive action to protect children from abuse in parks and recreational areas. While compiling the information necessary for developing the program, the Security Division identified numerous concerns. Three factors that emerged are par- ticularly significant and shocking for the park and recreation profession: • One of every four female children and one of every seven male children will be sexually abused or molested before his or her 18th birthday. • Forty-three percent of molested male children are at parks or recreation facilities before being assaulted. • The public is unaware of child abuse in major park and recreation areas, so parents do not hesitate to leave their children unattended there for long periods. As a result of its findings, the Broome County Depart- ment of Parks and Recreation and the security Division have joined in a cooperative effort to increase public and professional awareness of child abuse in recreational areas. The chief goals of the effort are: • Recognition. To enhance people's ability to recog- nize conditions that are potentially unsafe for children in park and recreation facilities. • Reaction. To respond properly to unsafe conditions, to crises and to children who may have been sexually or physically abused. • Reporting. To ensure compliance with department policy and other mandated procedures when reporting abuse. • Prevention. To aid in preventing abuse, by employ- ing appropriate designs, maintenance systems, and prof- grams ro-grams for recreational areas. The Broome County Department of Parks and Recrea- tion administers a comprehensive county -wide system that encompasses 4,500 acres and features several regional parks. The parks include campgrounds, swim- ming beaches, lakes, picnic areas, athletic facilities, and nature reserves. The department has 150 full-time and part-time employees and attracts over one million visi- tors per year. Broome County Security, a division of the Public Works Department, is responsible for ensuring public safety at these facilities as well as at the county air- port, college, nursing homes, and several other locations. To combat child abuse in such a diverse and complex system, the security Division has developed an extensive employee training program. The program is presented to park administrators, supervisors, full-time maintenance and recreation staff, and seasonal program staff mem- bers, particularly those who are instructors or who work at the major beaches. The presentation is modified to meet the needs of each type of audience. When combined with appropriate pari, design, main- tenance, program development, and employee selection, this training is intended to provide a lasting reduction in the opportunities for child abduction and molestation in -:=— C parks and recreation facilities. The goals of Recognition, Reaction, and Reporting are achicived through the employee training program. The program systematically trains park personnel to recog- nize the identifying characteristics of likely child molesters and abused children. The program also teaches park personnel how to respond to incidents of actual or potential abuse. Adults with abnormal sexual desires for children are called pedophiles. These individuals tend to frequent locations where children are present. The pedophiles fulfill their desires by watching children play and some- times by photographing them. (Chart A provides a list of characteristics common to pedophiles.) Children who have been physically or sexually abused also possess identifying characteristics and behavioral patterns, which are enumerated in Chart B. By being aware of the indicators of child abuse, park personnel can make children less vulnerable and make our parks safer. Broome County's training program also provides in- formation on how children react to sexual abuse and what responses are appropriate for adults who encounter abused children. Because these children may feel power- less, depressed, angry, or re)ected, adults should exercise caution in dealing with children who disclose that they have been abused. Park personnel must have supportive, understanding, and open-minded attitudes to respond properly. Follow-up reporting is also crucial for addressing child abuse. As part of the training program, park personnel are informed of the department's policy and procedure for reporting incidents of child abuse to the proper authorities. In addition to increasing employees' awareness of child abuse, an essential part of Broome County's preven- tion program includes taking account of the potential for child abuse in other aspects of the parks department's CHART A Pedophile: Common Characteristics • Often a rniddle-a£ed mar • Usuallt non-violent. • Often �� as molested as a child. • Usually likes to photograph or collect picture of children. • Lsuall% relates to children mere easily than adults • Often seeks emplo'•ment and frequents locations N% here children are present. PADYC A Z?rrPA aTnNTirvrTPmRFR 1QR5 59 CHART B Sexually Abused Children: Common Indicstow (The finding of any of the "Behavioral Indicators" given in this table does not inesmpably imply the presence of child abuse. Rather, thew indicators repaemnu behavioral patterns or features that are found in many abused and neglected children The presence of one or more of these uxbca'tois should simply alert the reader to the possibility that abuse has occarre&) PHYSICAL INDICATORS • Difficulty in walking or sitting; • Tarn, stained, or bloody underclothing • Pain or itching in the genital area; • Bruises or bleeding in the external genitalia or in the vaginal or anal areas; *V real diseae ee�eeiffiliy in pee tteel .. `e'n'd :/Y ._L _�.�� .[• operation. As a result, the department has changed park designs and maintenance practices, has more thoroughly evaluated its program formats and locations, and has screened potential employees more carefully. Aesthetics is naturally a primary consideration in developing park facilities. In the past, Broome County has attempted to design its facilities to blend as nearly as possible with their environments. Although this remains a major concern, the parks department has made every effort to ensure that the facilities also are safe for children. A basic consideration is location. Previously, play areas were located near restrooms, and where possible, trees or woodlands were used as buffers between play areas and picnic areas. Aesthetics, accessability, and user patterns remain important considerations in designing park facilities. However, further consideration must be given to the fact that deviant behavior may be most prevalent in restrooms and that wooded areas provide ideal cover from which potential abusers can observe children at play without being seen, and that such areas provide secluded places for abuse to occur. Broome County has altered designs so that play areas can be observed from great distances and so that adjacent areas provide no cover where pedophiles could lurk. Future play areas will contain no spaces where children can hide or where sexual abuse can occur without being visible to security patrols, particularly at twilight or nighttime. Areas surrounding those used intensively by children 60 PARKS & RECREATION/SEPTEMBER 1985 BEHAVIORAL INDICATORS • LInwillirngnes4 to change fDr the gym or to participate in physical education class; a Withdrawal, fantasy, or infantile behavior, • Bizarre, sophietilcated, or unusual sual sexual bels or knowledge in young chime - • Poocpees:.. r . -r� . .rte v�i'i►:,:. _ l._;�C _ _- __.. .r-: �. _ ...��, w": .� s,.. e. w, . r !.'� should be thinned and trimmed in a manner that ensures visibility. Undergrowth, particularly in isolated areas or along riverbanks, should be controlled so that abuse can- not take place unobserved. Close attention is required for maintaining plant life in and around areas used a lot by children. Nlaintenance workers must find the delicate balance in assuring that the park setting remains natural and pleasing, while pro- viding a safe, secure atmosphere for children. Because many parks around the country are over- crowded, there have been efforts to provide isolated or secluded playgrounds, picnic areas, and shelters. The need for safety does not make such efforts impossible, but proper design and maintenance practices are necessary to provide an appropriate balance. Programs should be held in clearly visible areas of the park, rather than being limited to secluded or wooded areas so as to preserve the peace and quiet for the every- day park visitor. The delicate balance can be maintained with forethought and careful consideration for all of the factors involved. The ratio of instructors to participants should be low to protect children from wandering off or being taken from groups by potential abusers. The potential for child - snatching is greatest on nature interpretation hikes, where children sometimes lag behind or venture off on their own. Recently, programs have been designed to include quiet time or reflective thought for the participants. Continued on page 82 When you want the best! 4 MA Manufacturers of Quality Athletic Recreation and Physical Education Equipment for over 32 rears. We are pleases to introduce an exciting new ace,t on to our line!! EXER-TRAIL & EXER-CENTER OUTDOOR FITNESS SYSTEMS • Exer-Trail :s perfect for parks. campgrounds, reso-s etc. • Exer-Center s !deal for limited space such as corporate recreation centers, schools, hospitals, etc • Both syster^s are designer metal & redwood for the ultimate in ou,abdity and beauty SEND FOR OUR FREE, FULL-COLOR BROCHURE P.O. Box 400 • Waterford, CT 06385 • (203) 447-3001 'i -b -.d- .- -M --p-, ILI CHILD ABUSE Lonttnuc'd rnorri pate 60 These activities are acceptable, but they require close supervision, especially when thev take place to seciuded areas. Pedophiles relate very well to children and may seek jobs that entail being close to children. Such jobs it ciude recreation leaders for parks, 111C.As, and Headstart pr,,� granis. Because of the possibility that pedophiles might seek jobs %with the Broome Countv Department of Parks and Recreation, the department has requested that Security thoroughly check the background_, of all full- time and part-time employees who are directly invoived with children in the county's recreation programs. Another effect of the preliminary training is that anv employee %vho possesses hidden pedophilic tendencies will know that child abuse is a departmental concern and that any pedophilic behavior may be observed. Broome County has taken a comprehensive proactive approach to preventing child abuse. The parks and recreation department and the security division main- tain a constant et tort to recognize and avert undesirable activity and to enhance their ability to prevent and res- pond to incidents of child abuse. Broome County's ap- proach affects all aspects of the park and recreation field, particularly as it is served by public safety officials. This article has merely touched on many of the issues in an effort to stimulate thought about this complex and important subject. NATIONAL JOB BULLETIN SERVICE As a memcersh p service. NRPA offers to is mercers the ''National Job Bulletin Service" for a fee of S25 per year. The list is published the ` -st of each month with a mid -month _,;:date (except for October and December) Name __ Membership ^. Tiler Address Jobs from last Bulletin included: • Director of Parks & Recreation ($18,528-533.720) Seeking professional and highly motivated individual to manage parks and recreation department offering a wide range of programs year round. The City has 18 parks. two swimming pools, and an 18 -Mole golf course. B.A. degree in parks & recreation or equivalent plus five years experience required • Recreation Specialist (2) (S'T914) Plan, coordinate, implement and evaluate public recreation programs utilizing schools and parks to assigned neighborhoods. The position requires Associate Degree in recreation 8 parks Recreation Therapist (517.500-$25,000) Represent the department at team meetings Run therapy sessions including physical confidence. human sexuality. physical education. assertion, etc. Supervision of interns Serve on various committees Masters level or A.B. plus five or more years of experience To subscribe. lust _olete and return with $25 payment to: Narona! Recreation & ParK Asscc anon, 3101 Park Center Drive, Alexandria, VA 22302 Street Check enclosed Charge to Visa Card # _______ (Must oe a- ndividual member) -ny Exp. Date State (FOR CHARGES ONLY Charge to MasterCard # Exp. Date CALL TOLL FREE 1-800-626-NRPA) TO LIST EMPLOYMENT OPPORTUNITIES, CALL PROFESSIONAL SERVICES (703) 820-4940 NO CHARGE FOR LISTING 82 PARKS & RECREATIONISEPTEMBER 1985 z,a c0c, _;Z Name __ Membership ^. Tiler Address Jobs from last Bulletin included: • Director of Parks & Recreation ($18,528-533.720) Seeking professional and highly motivated individual to manage parks and recreation department offering a wide range of programs year round. The City has 18 parks. two swimming pools, and an 18 -Mole golf course. B.A. degree in parks & recreation or equivalent plus five years experience required • Recreation Specialist (2) (S'T914) Plan, coordinate, implement and evaluate public recreation programs utilizing schools and parks to assigned neighborhoods. The position requires Associate Degree in recreation 8 parks Recreation Therapist (517.500-$25,000) Represent the department at team meetings Run therapy sessions including physical confidence. human sexuality. physical education. assertion, etc. Supervision of interns Serve on various committees Masters level or A.B. plus five or more years of experience To subscribe. lust _olete and return with $25 payment to: Narona! Recreation & ParK Asscc anon, 3101 Park Center Drive, Alexandria, VA 22302 Street Check enclosed Charge to Visa Card # _______ (Must oe a- ndividual member) -ny Exp. Date State (FOR CHARGES ONLY Charge to MasterCard # Exp. Date CALL TOLL FREE 1-800-626-NRPA) TO LIST EMPLOYMENT OPPORTUNITIES, CALL PROFESSIONAL SERVICES (703) 820-4940 NO CHARGE FOR LISTING 82 PARKS & RECREATIONISEPTEMBER 1985 z,a c0c, PARK RESERVES BAKER CARVER CROW-HASSAN ELM CREEK HYLAND LAKE LAKE REBECCA MURPHY-HANREHAN REGIONAL PARKS BRYANT LAKE CLEARY LAKE CLIFTON E. FRENCH COON RAPIDS DAM EAGLE LAKE FISH LAKE JAMES W. WILKIE LAKE SARAH SPRING LAKE SPECIAL USE AREAS ARTHUR E. ALLEN WILDLIFE SANCTUARY BAKER PARK GOLF COURSE CLEARY LAKE GOLF COURSE HYLAND HILLS SKI AREA NOERENBERG MEMORIAL PARK WAWATASSO ISLAND WILD GOOSE CHASL ISLAND TRAIL CORRIDORS NORTH HENNEPIN TRAIL BOARD OF COMMISSIONERS DAVID LATVAAHO CHAIR GOLDEN VALLEY WILLIAM H. BOYNTON VICE CHAIR ST. LOUIS PARK JUDITH S. ANDERSON BLOOMINGTON PATRICIA D. BAKER MINNEAPOLIS SHIRLEY A. BONINE MAPLE PLAIN WILLIAM I. HOLBROOK MINNEAPOLIS SCOTT L. NEIMAN MINNEAPOLIS VERN J. HARTENBURG SUPERINTENDENT 8 SECRETARY TO THE BOARD --T- \ \C.., - Hennepin County Park Reserve District 3800 County Road 24 * Maple Plain, Minnesota 55359 9 Telephone 612-473-4693 August 29, 1985 Mr. Frank Boyles City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Boyles, Your letter of August 14, 1985 to David Latvaaho, Chairperson of the Hennepin County Park Reserve District Board, has been referred to me for a response. As Central Division Manager I am responsible for the operation of Hennepin Parks facilities, both existing and planned, within the City of Plymouth. With respect to your request for information on the proposed North Hennepin Trail Corridor as it runs along the east side of Medicine Lake, I can tell you that we share the City of Plymouth's desire to see the trail constructed. We have sub- mitted to the Metropolitan Council a request to include in the Regional Capital Improvement Program, acquisition funds in the amount of $1.3 million in the 1988-89 bienium and development funds in the amount of $1.95 million in the 1990-91 bienium. This funding would allow us to complete the Trail Corridor from Elm Creek Park Reserve to Theodore Wirth Park including the stretch along the east side of Medicine Lake. Any effort by the City of Plymouth to' support our capital improvement requests with the Metropolitan Council would be greatly appre- ciated. As you know, the Metropolitan Council's Regional Park Board Program is our primary source of capital funds. If the City of Plymouth should find that this schedule is not sufficiently timely it is conceivable that Hennepin Parks might consider a proposal whereby the City would fund the construction of the trail with reimbursement by our agency at such time as Metro funds are received. In any event we will be for certain coordinating the trail improvements with your City staff as the planning process advances. Eric Blank of your Parks and Recreation Department has been given a copy of the most recent planning documents regarding trail location. If I can be of any further assistance in this matter please do not hesitate to contact me. S3*_ri;erely, lRbert M. Wicklund Central Division Manager cc: V. J. Hartenburg, Superintendent H. M. Jessen, Associate Superintendent J.W. Christian, Director of Operations CITY OF PLYMOUTH _T \ \ Cti_ Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 12th day of August 1985. The following members were present: Mavor Davenport, Councilmembers Neils, Schneider and Vasiliou The following members were absent: Councilmember Crain Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 85- 613 A RESOLUTION ENCOURAGING THE HENNEPIN COUNTY PARK RESERVE DISTRICT TO PROCEED WITH THE DEVELOPMENT OF THE REGIONAL TRAIL ALONG EAST MEDICINE LAKE BOULEVARD BETWEEN 13TH AVENUE AND 36TH AVENUE NORTH WHEREAS, the City of Plymouth has received a substantial number of complaints from Plymouth residents living along East Medicine Lake Boulevard with respect to pedestrian and bicycle traffic hazards along East Medicine Lake Boulevard; and WHEREAS, the City Council of the City of Plymouth desires to minimize pedestrian and vehicular traffic hazards; and WHEREAS, the Comprehensive Plan for the Hennepin County Park Reserve District calls for the construction of a regional trail along East Medicine Lake Boulevard between 13th Avenue and 36th Avenue; and WHEREAS, the hazards associated with the usage of East Medicine Lake Boulevard by pedestrians and motorists requires prompt consideration of trail improvements to adequately separate motorized and non -motorized vehicles and pedestrians; NOH', THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that it should and hereby does strongly encourage the Hennepin County Park Reserve District to proceed with construction of the regional trail between 13th and 36th Avenues along East Medicine Lake Boulevard; and FURTHER, that such improvements should be coordinated with the City's Director of Public Works and Park and Recreation Director in order that such trail improvements be complementary to the anticipated road improvements northerly of 26th Avenue; and FURTHER, that the City Council requests from the Hennepin County Park Reserve District a schedule showing the anticipated design and construction schedule for this regional trail in order that safety hazards outlined above may be mitigated. The motion for adoption of the foregoing Resolution was duly seconded by Mayor Davenport , and upon vote being taken thereon, t following voted in favor thereof: Mayor Davenport, Councilmembers Neils, Schneider and Vasiliou The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTR U July 31, 1985 Memo to: Jim Willis From: Maria Vasiliou 1-`�b Jim, would you please review the correspondence policy/practice/procedure for my benefit. Specifically, I'm interested in knowing the routing pro- cedures, what "qualifies" a memo for inclusion or exclusion from routing and what determines what's in the informational packet. Also, I would appreciate your input on the procedure you and your staff use for answering the person who requested information in the first place. The example we're most familiar with is the McDonald's memo. The confusion for me stems from memos I have sent requesting information or follow-up that I don't get back through what I would call a regular channel. I'm also concerned about my memos being distributed to persons other than those called out, yet I don't received copies of "other" correspondence that goes through the system and most important of all, out to the public. If you have questions or need clarification please give me a call. Thanks. cc: Mayor Davenport 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO August 2, 1985 Maria Vasiliou Frank Boyles, Assistant City Manage `rk DULY 31 MEMORANDUM I have received your duly 31 memorandum which asks for a clarification on various issues relating to distribution of Council correspondence. As you know, dim is out of town until August 22, so I thought I would provide you with my perspective on the matter. I must caution, though that dim may have a different perspective or additional comments to make. I have therefore placed a copy of your memorandum in suspense so that he has the opportunity to respond when he returns. We do not have a formal written correspondence policy practice or procedure. Instead, incoming mail is reviewed by either dim or I. Where it is believed that a piece of information, complaint, compli- ment, or question would be of interest to various members of the Council, we routinely include it in the Manager's information memo- randum to all Council members. If we believe that the information is extremely sensitive, distribution will normally be limited to all Council members only separate from the information memorandum. Likewise, if a member of the Council requests a clarification or information, we will normally copy other members of the Council since, in most cases, other members will have a similar interest in the issue. The McDonald's landscape issue is a good example of this situation. It is our intent to provide all Council members infor- mation on pertinent issues. As such, we would not intentionally exclude one Council member or another from information which we believe is important. When in doubt, we have tried to error on the side of sharing too much, rather than too little information. If the Council believes that this is an inappropriate position, or that a formalized policy is necessary, we could certainly discuss this matter further at an upcoming special meeting. FB:Jm cc: Mayor Davenport S/F 8/23 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 26, 1985 TO: Maria Vasiliou FROM: James G. Willis, City Manager SUBJECT COMMUNICATIONS Maria, I apologize for being so late in responding to your July 31 memo. I think Frank in his August 2 memo pretty well covered this subject, but perhaps I can highlight a couple of points. The Council information memorandum was established a couple of years ago as a means of trying to share information with the Council in a more organized fashion. Prior to that time, far less information was shared with the Council because it had been presumed that council members were not interested in much of the day-to-day or routine type of correspondence and information which the office receives. With changes in the City Council composition, however, it became apparent that council members did desire more information and a better "feeling" of what was occurring in the community. The information memo was developed to respond to that need. Initially, I included information which I felt council members may be interested in. Subsequently, staff members began sharing information with me which they themselves felt I would like to share with council members, and ultimately, council members, themselves, occasionally provided infor- mation which they felt should be shared with other council members. The collective result is the present information memorandum. Whether or not a particular item is included in the information memorandum is largely subjective, although If there is a question, I will include it. Occasionally, council members suggest that there is too much information. I would rather error on the side of providing too much, rather than too little, because the council members can skip over the information they don't desire to read. The only items which I will exclude involve items which, from my perspective, are not appropriate to share publicly. Such items would include some corres- pondence from the City Attorney or others dealing with legal matters, items involving property acquisition or other information which is deemed to be private under the Data Privacy Act. This information is shared uniformly with all council members, although it is done outside the context of the regular information memorandum. The information memorandum, as you may be aware, is available to the chairs of the Planning Commission and Park and Recreation Advisory Commission, as well as the media and City department heads. August 26, 1995 Page 2 Normally, the person who requests information from myself or through me from another staff person, will receive a written response via the information memorandum. The question here is largely one of timing. Depending on when a response to an inquiry is prepared, I will most often have it distributed along with the information memorandum as the alternative would be to mail it to the council member and also share it through the information memorandum. Given the fact that the information memos are distributed directly to council members' homes, I am concerned that they will frequently beat a memo distributed by mail, again depending on the timing of mailing. With regard to the "McDonald's" memo, Sara McConn developed that memorandum following your verbal comments at the council meeting. Responding to inquiries raised by council members at council meetings, it is again a judgement call. Depending on how the inquiry is made, determines largely how it is responded to. For example, if the council member asks that the staff specifically provide a response to a particular subject, and in the absence of direction to the contrary from the balance of the Council, we will address the issue. On the other hand, if the nature of the inquiry is more in the form of a off -hand remark, a formal response may not be prepared. If I am alert enough to detect in the remark some underlying issue which I believe should be responded to, then I would, of course, respond as noted above. Maria, your memo seems to suggest that you believe we might improve the means by which we follow up on council member's requests and/or in the distribution of those items. I would welcome any suggestions you have for improving our present procedures as I recognize they are not perfect. Because it is my policy to share all information with all members of the council on an equal and uniform basis via the information memo, it may be difficult to address your concern about your memos being distributed to persons other than those specifically called out. To the best of my knowledge, you receive the same information, correspondence, etc., at the same time and in the same format as other members of the Council. That is my practice. If you are aware of instances where this is not being done, I would appreciate being informed so that practice can be promptly corrected. Again, I apologize for this being late, but your memo came while I was on vacation. Let's have a cup of coffee and go over your concerns when it is convenient. JGW:jm cc: Mayor Davenport t CITY C)� PLYMOUTR September 3, 1985 Mr. Jerry Sisk 17015 28th Avenue North Plymouth, Minnesota 55447 Dear Jerry: I wish to thank you for calling to our attention the damage to the trailway along Dunkirk Lane North of 22nd Avenue. After locating the damage and invest- igating the matter, we learned that the damage was caused by the contractor installing the trail within the park south of the Mapledell Addition. This contractor was required to repair the trail and they have completed this work. Again let me thank you for calling this to our attention. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh cc: Frank Boyles, Assistant City Manager (85-52) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 = r , Qt'- � �s a �vNJ else aa��, o -,,vv/ eve ►vi a U e �?s � � � ��Q dl, ,?a v ve c% y J `.5 6 j _ Veh��/LS pu •/t •_••��J �(_ •cpF I • • (._" tee.• • Q ���V �4 5 �1 a �/�! g 40 4p 41 1 %. - FF :.. e C.— -.F �-- - 6:. C-1 Teas L04O4 - �- � �s a �vNJ else aa��, o -,,vv/ eve ►vi a U e �?s � � � ��Q dl, ,?a v ve c% y J `.5 6 j _ Veh��/LS pu •/t •_••��J �(_ •cpF I • • (._" tee.• • Q ���V �4 5 �1 a �/�! g 40 4p 41 1 %. - FF :.. e C.— -.F �-- - 6:. C-1 Teas August 27, 1985 Theodore J. Hoffman, P.E. Chief Design Engineer Department of Transportation Hennepin County 320 Washington Avenue South Hopkins, MN 55343-8468 RE: Environmental Assessment Worksheet (EAW) Hennepin County Project 9/6901; S.A.P. 27-609-16 Reconstruction CSAH 9 in Plymouth Metropolitan Council Referral File No. 13013-1 Dear Mr. Hoffman: `� b Metropolitan Council 300 Metro Square Building Seventh and Robert Streets St. Paul, Minnesota 55101 Telephone (612) 291-6359 At its meeting August 22, 1985, the Metropolitan Council considered the EAW for reconstruction of CSAH 9 in the City of Plymouth. This consideration was based on the following statement from the Consent List which was approved by the Council. The county has submitted an EAW for reconstruction of CSAH 9 from I-494 to Nathan Lane in Plymouth. 1.8 miles will be constructed on new alignment while .3 miles from I-494 to W. Medicine Lake Road will be constructed on the existing alignment. Much of the new right of way has been acquired since the early 1970's through dedication. A portion of the new roadway passes through Medicine Lake Regional Park which is consistent with the Park Master Plan. A portion of the road also crosses a wetland near Lost Lake. This will be mitigated by increasing the size of the wetland south of the road. The EAW is accurate and complete for purposes of Council review and an EIS is not needed insofar as regional plans and policies are concerned. The Council approved this staff report as its comments on the EAW. Sincerely, S" 4� Sandra S. Ga Chair SSG: Sam cc: Greg Downing, Environmental Review Coordinator, Environ. Rev. Sec., EQB James Willis, Manager, City of Plymouth Connie Koz-lak, Metropolitan Council Staff An Equal Opportunity Employer August 23, 1985 Al Cottingham, Associate Planner City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 RE: City of Plymouth Comprehensive Plan Amendment Review Trammell Crow Company Southwest Corner I-494 and County Road 9 Metropolitan Council Referral File No. 12393-7 Dear Mr. Cottingham: 1 a c_, V,etrocic�ltar r,Ounc 30/'.'P.'etrc SouarF 5utic!nc Seventn anc: Rober. Stree,s St. Paul, Mmnescta 5510 Telephone (6121 291-635G At its meeting on August 22, 1985, the Metropolitan Council considered above amendment to Plymouth's comprehensive plan. This consideration on the following statement from the Consent List which was adopted by Council: the was based the This plan amendment proposes to change the planned land use of a six -acre parcel of land south of Hennepin County Road 9 and west of I-494. The area was originally planned for limited business. The property adjacent to this site is developed in industrial use. In order to expand the existing industrial area, the city has been requested to replan the six - acre limited business area to allow industrial development. The site in question is within the sewer service area, and this change will not have an adverse impact on local or regional sewer systems. The regional trans- portation system in this area will not be affected by this change in land use. The Plymouth amendment is in conformity with metropolitan system plans, consistent with the other chapters of the Metropolitan Development Guide and compatible with the plans of adjacent communities. The Council adopted the above statement as the Council's review of this pro- posed amendment to the Plymouth Comprehensive Plan. Sincerely, Sandra S. G�rdebring Chair SSG:Sam Attachment cc: James Willis, Manager, City of Plymouth Ray Odde, Metropolitan Waste Control Commission Thomas Caswell, Metropolitan Council Staff Municipal File An Equal Onoortunity Ennplover z gad. CITY Or - September 4, 1985 PumbUTR Mr. Thomas Benshop 10601 Olsen Memorial Highway Plymouth, MN 55441 RE School District Boundaries Dear Mr. Benshop: This letter is written in response to the discussions of last week at which time I explained to you that Hennepin County offices contacted Blair Tremere, Director of Com- munity Development to inform us that the Lot Division/Consolidation approved by the City Council could not be executed as approved by the City. The reason is that the School District boundary line cuts through this property near the west end, and unless the location of the line is changed, there will be two tax parcels -- one in each School District. Fortunately, the line does not affect any building, but rather cuts through the west parking lot for the proposed new building. Consistent with our conversation of August 29, 1985, enclosed please find information relating to petitioning a change in the School District boundaries. Previously, when we have faced a situation where land is bisected by School District boundaries we have been able to come to a mutual agreement upon discussing the situa- tion in further detail. We suggest that the boundary be modified to follow your westerly property lines. Minnesota Statute, Section 122.21 establishes that the property owner must submit a petition to the Hennepin County Board asking that the District boundary lines be alter- ed. You are required to provide reasons for the proposed change with the fact showing that granting of the petition will not reduce the size of any District to less than four sections. Once the petition is submitted to the auditor who will present it to the County Board, they have six months to issue an Order either granting or denying the petition. We have found that if the land owner and School Districts involved are in agreement with the proposed revisions, the Hennepin County Board has responded affirmatively. It would be appropriate for you to contact the School Districts involved in order to discuss potential resolution of the situation, and to coordinate the processing of the petition to the Hennepin County Board. Dr. Roger Adams is the Acting Superintendent of Independent School District 284 (210 Highway 101, P.O. Box 660, Wayzata, MN 55391- 9990); and, you should contact the Administrator of Hopkins School District 270 (1001 Highway 7, Hopkins, MN 55343). 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 559-2800 \aC Page two Mr. Thomas Benshop September 4, 1985 If we can answer any questions, or be of further assistance in resolving this situation, please feel free to contact our office. We are interested in seeing this situation resolved expeditiously so that the finalization of the Lot Division/Consolidation can be made. If you feel it would be appropriate for us to be involved in correspondence and/or meetings with the School Districts, please feel free to contact us. Sincerely, Sara L. McConn Community Development Coordinator SM/gw cc: Blair Tremere, Director Community Development File 85029 ENCS Wr1 - * I �• = l .-. N a i s 17140 14th Ave North Plymouth, MN 55447 September 3, 1985 Mr. Frank Boyles, City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Boyles: In reply to your letter of the 27th of August, just two comments: 1. There are many other prohibited business's in this area of the city. A towing service, A delivery service, A cement contractor, etc. that go on 52 weeks a year dispite complaints. Thus my opinion that Plymouth has one set of rules for some, an another set for others. Its a shame that I will not be able to support a Plymouth businessperson an will have to buy produce from a non-resident who's sorce of supply is the Mpls. Farmers Market. We should be open minded here. 2. I am sure glad however that the city staff and council has a "desire to sensitive to the complaints of Plymouth residents". I will sure share that statement with my other neighbors who opposed the Johnson project. Maybe the residents who have complained about the Oakwood playground, the School warehouse, Dunkirk Lane, Zinnia Lane would be interested in the cities desire also. This city government is only interested in one thing, BUSINESS, they forget who elected them to office. Maybe some November this will result in a change. If you leaders were home on Monday nights watching the council meeting on cable TV maybe you would see just how many citizens leave that council chamber happy. It not very many. You all talk about sensitive but when citizens disagree in groups of 80 an 100 this is not "small potatoes".. I am not the only one who feels this way either. I think you may see this come November. S'nc rely yours, George F.1 Wilson August 27, 1985 Mr. George Wilson 17140 - 14th Avenue No. Plymouth, MN 55447 Dear Mr. Wilson: CITY OF PLYMOUTR =- \ Q c, Your August 25 letter expresses concern about the City's action with respect to the Dave Johnson platting request at County Road 6 and Highway 101 and about our enforcement action against a vegetable stand located at 10th Avenue North and Highway 101. Greater familiarity with the City Code would be of great assistance to you in understanding both matters. As you are aware, the City Council approved a final plat and plan for the Dave Johnson petition, including a rezoning request. In response to anticipated traffic problems, the Council required that the proposed southern access to the plat be aligned with 14th Avenue to the west. The Council also provided for certain other curb cut restrictions in accordance with a professional traffic engineer's recommendation. The traffic study examined the traffic conditions on Highway 101, recognizing it will continue to carry increased traffic, as well as the impacts of traffic from the "Red Owl" site. You may wish to review a copy of this report which is on file in the City Center. Moreover, to respond to resident concerns in the vicinity, the Council required that buffering be installed on the south and east of the project to a 90% year around opacity. With respect to the "Mom and Pop" vegetable stand, it may not be licensed as a transient merchant since it does not meet ordinance criteria. Therefore it is prohihited. We received a complaint from others living in the area. As I am sure you can appreciate, our desire is to be sensitive to the complaints of Plymouth residents. If you have any other questions about actions with respect to the vegetable Cottingham at 559-2800. Yours v tr , Frank Boyles Assistant City Manager FB:jm cc: Mayor do City Council Al Cottingham either the Johnson development or our stand, please feel free to contact Al 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 17140 14th, Ave. N. Plymouth, MN 55447 August 25, 1985 City Manager City of -Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Sir: As I read more and more about Plymouth City Goverment, I have more and more trouble understanding dust how it operates. It looks more and more like we seem to have rules and laws that apply to some an not to others. I might not agree with everything the city councel desides, but for the most part can live with most of them. I hope also that you might not agree with my feelings on a certain item, but can live with my right to disagree. I cannot understand however how you can ignore the input to you and the city councel concerning traffic at 14th Avenue North and Highway 101. You tell us traffic is not a problem, not a concerr:! Yet now not Z weeks later to have taken steps to close down a little (Mom &< Pop) vegetable stand at 10th Avenue North- and Highway 101. Four blocks way. You claim traffic problems at the stand. Explain to me please how a vegetable stand that is only open a few months a year can be a problem but a rezone to commerical at Herb's Corner is not a traffic problem. Does this mean,that if when Herb's Corner opens an traffic is a problem the city will shut it down some Wednesday Morning? I think: not! I have been stopping at that little stand now for two years. I have never seen any traffic problem. I have never- seen anymore that one or two cars there. Some people walk or bike there. Next somebody will complain about to many bikes on 101 or 10th Avenue North. But to close this stand down for traffic or anyother reason is wrong! There is no problem here. Si cerely yours, George F. Wilson 1