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HomeMy WebLinkAboutCouncil Information Memorandum 05-23-1997MAY 239 1997 UPCOMING MEETINGS AND EVENTS 1. COUNCIL MEETING SCHEDULE. NOTE: Ward 1 Councilmember Tim Bildsoe meets with residents and receives their comments in the Administration Library, beginning at 6: 00 p. m. before each Council meeting. MAY28 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers JUNE 4 5:30 P.M. SPECIAL COUNCIL MEETING MEET WITH PLYMOUTHAREA HENNEPIN COUNTY COMMISSIONERS Public Safety Training Room JUNE 4 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers JUNE 16 6:00 P.M. SPECIAL COUNCIL MEETING MEET WITH WAYZATA SCHOOL BOARD Public Safety Training Room JUNE 18 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers 2. MEMORIAL DAYHOLIDAY, MONDAYMAY26. City offices are closed. 3. PLANNING COMMISSION, TUESDAY, M4Y27, 7: 00 P.M., Council Chambers. Agenda is attached. (M-3) 4. PACT, WEDNESDAY, MAY 28, 7: 00 P.M., Hadley Lake Room. Agenda is attached. (M-4) 5. COUNCIL SUBCOMMITTEE ON TRANSIT, TUESDAY, JUNE 3, 6:30 P.M., Medicine Lake Room. CITY COUNCIL INTORMATION MEMO May 23, 1997 Page 2 6. HUMAN RIGHTS COMMISSION, THURSDAY, JUNE S, 7:30 P.M., Medicine Lake Room. b. Planning Commission May 13, 1997 meeting. (I -1b) c. Plymouth Advisory Committee on Transit April 23, 1997 meeting. (I -1c) 2. NEWSARTICLES, RELEASES, PUBLICATIONS, ETC. a. Attached is a page downloaded from the Star Tribune Online, with election results from the May 20 District 279 Osseo school board election. This is the last time such elections will take place in the spring; from now on they'll be held at the same time as fall elections. (I -2a) 3. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE a. Letter from Robert Sipkins commenting on the Seven Ponds development site. The letter has been forwarded to Community Development Director Anne Hurlburt for a response. (I -3a) b. Letter to Gary Googins from Community Development Director Anne Hurlburt responding to comments about the truck noise in his neighborhood. Googins' original correspondence is attached. (I -3b) A status report on the most recent correspondence is attached. (1-3) 4. CORRESPONDENCE a. Letter from Doug and Connie Krinn regarding the proposed development of Vicksburg Lane and 22"d Avenue. (I -4a) b. Letter from The David and Julie Teicher family regarding the proposed development of Vicksburg Lane and 22"d Avenue. (I -4b) CITY COUNCIL INFORMATION MEMO May 23, 1997 Page 3 c. Letters to Dave Pauba and Bob Sipkins from Judge Daniel Mabley reappointing them to the Plymouth Charter Commission. (I -4c) 5. FRIDAYFAX, the League of Minnesota Cities weekly update on legislative activity. (I--5) ® PLANNING COMMISSION AGENDA TUESDAY, MAY 27, 1997 + WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CITY COUNCIL CHAMBERS CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 1 7:00 P.M. 2. PUBLIC FORUM 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. *CONSENT AGENDA 6. PUBLIC HEARINGS A. Kenneth R. Streeter Co. Preliminary Plat to replat Lots 3, 4, 5, and 6 of Block 5, Plymouth Hills Addition into three lots for property located north of Highway 55, south of 34`' Avenue, and west of Plymouth Boulevard. (97027) B. Kraus Anderson Construction Co. Variances and Site Plan Amendment for an 8,620 square foot addition to the existing Erickson's New Market, 1605 County Road 101. (97041) C. Daniel and Katherine Erickson. Variance from the required side and rear yard setbacks to construct a garage at 14655 13' Avenue North. (97043) D. Russel and Lynette Drake. Variance from the front yard setback requirements for construction of a garage at 12810 37' Avenue North. (97044) 7. OLD BUSINESS 8. NEW BUSINESS A. Plymouth Ponds Development. Site Plan Amendment for three trash enclosures (8 feet x 17 feet) at Plymouth Ponds Business Park, 3500 and 3586 Holly Lane. (97029) B. Policy and Procedures for City Consideration of Comprehensive Plan Amendments. 9. ADJOURNMENT DATE: May 22, 1997 TO: Members of the Plymouth Advisory Committee on Transit FROM: John Sweeney, Transit Administrator SUBJECT: MAY 28 MEETING The Plymouth Advisory Committee on Transit is scheduled to hold its monthly meeting on Wednesday, May 28 at 7:00 p.m. in the Hadley Lake Room (lower level of Plymouth City Hall in the Engineering Department). The agenda for the meeting is as follows: Please note some materials will be distributed at the meeting. I. Approval of minutes of the meeting on April 23, 1997 II. Ridership Information 1993 - 1997 and Review of Ridership Statistics for April 1997 (information from George Bentley for April 1997, will be distributed at the meeting). • Dial -A -Ride • Plymouth Rider • Plymouth Metrolink - Route 91 • Plymouth Metrolink - Route 92 • Plymouth Metrolink - Route 93 • System Cost Summary Reports - April 1997 G:ENG\TRANSI'MACTMEMOS\May_ 28 SUBJECT: MAY 28 MEETING Page Two III. Identification of areas of concern and/or recommendations. IV. Status Report Re: Park and Ride site at Four Seasons Mall Shopping Center. V. Status Report Re: Construction detour for Route 91D VI. Discussion Re: Minor changes to the Plymouth Rider Schedule, and how to improve performance. VI. Continued discussion Re: the role of PACT. VII. Other Comments. cc: Paul Colton, Metropolitan Council John Mathews, Laidlaw Transit Services, Inc. Steve Mahowald, Sheri Gingerich and Dana Rude, MCTO George Bentley, Consultant S.F. 5/28/97 G:ENG\TRANSnVACT\MEMOS\Mav 29 M-1 DATE: May 9, 1997 TO: Dwight Johnson, (City Manager FROM: A Craig C. Gerdes, Director of Public Safety SUBJECT: D.A.R.E. GRADU,�T/DNS Graduations for the D.A.R.E. program are scheduled in seven elementary schools during late May and early June. At this time, we are asking for Council Members to indicate any graduation they are planning to attend. A list of the schools, dates, and times follows for Councilmember information. The change in the Council Meeting schedule and less than two weeks before the first graduations make a sign-up sheet unworkable. As such, I am requesting Councilmembers leave me a voicemail message (509-5161) of any graduations they would like to attend. Thanks for your assistance. Graduation Schedule: Tuesday, May 201h: 1:30 p.m. 2:00 p.m. 7:00 p.m. Thursday, May 22"'- 2:00 p.m. Friday, May 23rd. 2:00 p.m. Thursday, May 291h• 2:00 p.m. Monday, June 91h• 10:00 a.m. & 1:30 p.m. Kimberly Lane Elementary, 17405 Old Rockford Road Sunset Hill Elementary, 13005 Sunset Trail Gleason Lake Elementary, 310 County Road 101 Zachary Lane Elementary, 4350 Zachary Lane Oakwood Elementary, 17340 County Road 6 Plymouth Creek Elementary, 16005 41 st Avenue N Birchview Elementary, 425 Ranchview Lane Birchview Elementary rocLr.Uc1 aVac a ,�j K $�aaH a N ON b O o; N � Mc�o,3,aa =�yQU oaOW�tx��� 4u 5Xut ~ z DO ti N N :DU n.e Imo— x >✓ '; a v� o o ,,nm OO j- o��Zpa4! �zppx � ti � t fella. <Z 7 -LU an �U, UZF d3 f a.o r.on UW pUp�� z 5 N7'$ ti 7� �' F u N Y •0.-1 ull,F. WUj '; N �q z 0 E U Z` Zco C n.6E 'rad ^,u a=U c 0.O C CY >;:2 m i OUOF� �UQ� £ 0.aCza aOVL aU e3 g o�a oUU 8u ovOiOFa 8z o n t� d C� U�� F= E �O C u = p r U u E u U U a. �-0 a3 Q 0 oN$ o]z otn0.- p gym— op N I 1 un t1), - 2 Twd N 00 ct CIS T3 a�rM j � fA reervH bnNN o Z2 u U ¢ t� Z)O� U C— O.O M � � oU o�c4Cl Ell 00 h i T FI - O�z� UO� N �oZ -Etl'c9 o. 0.LLiFA cv�i0.5 0 0.� = OODU � 0.jav 8Q Q'ZOU' Cd au J a' • I �rj v uca —.4 00 h N Ij c� 'TS j� j� i Twd Minutes of the Park and Recreation Advisory Commission Meeting May 8, 1997 Page 17 Present: Chair Anderson, Commissioners Fiemann, Johnson, Priebe, Thompson, Wahl, Willegalle; staff Abel, Bisek, Blank, and Pederson 1. CALL TO ORDER Chair Anderson called the May meeting to order at 7 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Commissioner Fiemann and seconded by Commissioner Wahl to approve the minutes of the April meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present. b. Staff. Mary stated that swimming registration began on May 2, and many classes from the first session are already full. The later sessions are filling also. Both pools are available this summer for the first time in several years. In the past, either one pool or the other has been under construction for part of the summer. We are still looking for a few summer seasonal employees. Staff is working on fall programming a little early this year. Articles for the brochure must be ready by mid-June. Mary announced that we are expecting a big fall soccer season, because we will be adding the children from the New Hope fall program. Mary indicated that the boat building project began last week and is going very well. Two wooden boats are being built. Garage where it's being done is near the water tower site on 101 south of 55. Mary encouraged the commissioners to visit the site, if they can, to see firsthand what's taking place. The group gets together every Monday and Wednesday evening from 6-8. Mary indicated that a city guide will be delivered to every resident this summer, and it contains a large, colorful park map. Staff is starting to discuss budgets for next year. We're interested in pursuing a separate brochure to advertise our recreation programs, rather than being included inside the regular City newsletter. Commissioner Fiemann asked when soccer registration would be held. Mary said that it was going on now, and the deadline is July 15. We are expecting about 1,500 kids to sign up. The new high school fields will not be ready for fall use. Wayzata Community Education has asked us to consider taking over their swimming lesson program, offered during the school year. If we do this, we will be running swimming lessons year round. At the present time, we offer swimming lessons only during the summer. c. Others. There were no visitors. PRAC Minutes/May 1997 Page 18 4. PAST COUNCIL ACTION 5. UNFINISHED BUSINESS a. West Medicine Lake Park update. Council approved Phase 3 plans and specifications, so we will open bids and award contract for Phase 3 on June 4. This phase is about $75,000 over budget, based on cost estimates. Director Blank said that after we get actual bids, we will make cuts or identify new funding sources. Four picnic shelters are in the plans, but we may cut back to three if necessary to meet the budget. Phase 2 work is complete. Contractor will be done with final paving of the road by June 1. b. Ice arena/Life Time Fitness update. Bill handed out a summer public skating schedule. The arena is scheduled to open May 27, but only the practice rink will be ready at that time. The Olympic rink will open on July 5, with a USA International Hockey Cup Tournament scheduled to begin that day, and conclude on July 9. Figure skating lessons are scheduled to start on June 16. We have 128 kids signed up so far. Registration is going well. A lot of Plymouth people have been skating at New Hope, Minnetonka, etc., and are very excited about our new rink. There will be a figure skating open house on Saturday, June 7, which will offer free skating, facility tours, refreshments and an opportunity to meet the skating coaches and skating director. Bill announced that the full time staff has been hired, and consists of two maintenance workers and one secretary. Ad space has been leased out on the Zamboni's. A five year contract went to Dominos Pizza and a 10 year contract to an Orthopedics group. Thirteen dasher board ads have been sold on three year contracts. There are 15 additional dasher boards remaining to be sold. The first community meeting room has been rented for a seminar to train people on how to use the electronic message center in the arena. All of the high school hockey team practices and games have been scheduled through March of '98. They will be in the arena from 3:30 to 5:45 for practices. The majority of the games are Tuesdays, Thursdays, and Saturdays. The Wayzata High School boys and girls hockey teams will play all their home games in our arena. The Armstrong High School boys and girls teams will alternate, with boys having their games at the arena one year and then girls having the arena the next year. Commissioners wanted to know where the open skating times have been advertised. Bill explained that the open skating times have been published in the Sun Sailor newspaper and in the Plymouth recreation brochure. A special flyer was also sent home with all the grade school kids advertising the various skating lessons and the times for open skating. Adult open skating fees are $3, kids are $2, and senior citizens are $2. Commissioner Johnson was curious about how we would handle the different skill levels of the various skaters that could be on the ice at the same time during open skating. Bill said he tried to address this by offering open freestyle skating times just for the skaters that want to practice their routines, jumps, etc. There PRAC Minutes/May 1997 Page 19 will also be a skating guard to keep everything flowing smoothly during open skating, controlling the direction of the skaters, etc. Commissioner Willegalle would like the senior age to be established and advertised, whether it's 55, 60 or 62, etc. He asked for a definition of freestyle skating. Bill explained that the figure skaters come under the title freestyle. Open skating is the recreational skating for the general public, non -figure skaters. Life Time Fitness members can skate for free during open skating times. Commissioner Willegalle feels the senior age should be established at 55 and over. Staff concurred with that recommendation. c. Elm Creek Playfield update. The 'recent rain is helping the seeded areas and the sod. Contracts have been let for fencing. The permanent building needs to be rebid for a third time. The superintendent has stated that football and soccer teams will not be on the fields this fall. Classes are scheduled to begin at the new high school in September d. Golf course discussion. Nothing new to report. e. East Medicine Regional trail update. Plans and specifications have been reviewed, and Hennepin Parks will be out with bids in late June or early July. They have a meeting set up next week to pursue a revenue bond issue for completing the trail to all the way to Theordore Wirth Park. Trail will run through five or six communities. All affected cities have been invited to attend .the meeting. f. Skateboard park update. Director Blank said we expect to hear on the grant by Monday of next week. He hasn't heard if Burnsville's skate park has opened yet. If we get the grant, we will have to proceed to pick a location. There has been some interest in putting the park near Oakwood School or near the new ice arena. 6. NEW BUSINESS a. Annual park tour. Thursday, June 12, 4 p.m. We will hold regular June meeting when tour concludes, if necessary. Commissioner Wahl was interested in Cardinal Ridge park project. Mary said the playground will not be under construction until July. Some preliminary trail work has been completed, but more trail work needs to be done. 7. COMMISSION PRESENTATION The Activity Center committee visited New Brighton, Coon Rapids, and Crystal senior centers. Chair Anderson felt that Crystal had the nicest facility. Next activity center meeting is May 20th. 8. STAFF COMMUNICATION Council decided on the on -road bike lanes along 19th Avenue in Imperial Hills. Speed humps are working for now. A painted crosswalk will be put in at the park PRAC Minutes/May 1997 Page 20 entrance. The bike path on Dunkirk will be under construction any day. Music in Plymouth is July 2. The Civic League is holding a Fun Run the Saturday before Music in Plymouth, as a fund raiser to generate money for the event and the orchestra. 9. ADJOURNMENT The meeting adjourned at 8:05 p.m. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 13, 1997 MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners John Stoebner, Bob Stein, Jeff Thompson, and Kim Koehnen MEMBERS ABSENT: Chairman Michael Stulberg and Commissioner Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planners Shawn Drill, Kendra Lindahl and John Rask, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of the April 22, 1997 Planning Commission Minutes. Vote. 5 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: 6. PUBLIC HEARINGS: A. NORTH COUNTRY PROPERTIES (97023) Acting Chairman Ribbe introduced the request by North Country Properties for a Preliminary Plat for three single family lots on 5.75 acres located south of South Shore Drive, east of the City of Medicine Lake Fire Department, and west of Bassett Creek. Planner Rask gave an overview of the May 6, 1997 staff report. Acting Chairman Ribbe asked if the proposed lots presently have sewer. Planner Rask replied that the lots have the ability to hook up to municipal sewer. Planning Commission Minutes May 13, 1997 Page #107 r Acting Chairman Ribbe introduced Mark Kelly, representing the petitioner. Mr. Kelly stated because the development is so small, the requirement of extension of municipal water causes an undue financial burden. He asked the Commission to reconsider the condition for extension of municipal water, as they would prefer to place wells on the lots. Commissioner Stoebner asked if the applicant could identify negative impacts of extending municipal water to the lots. Acting Chairman Ribbe introduced Dean Swanson, representing the petitioner. Mr. Swanson stated that the extension of the water main would cause disturbances to Bassett Creek and the trees located on the property. Mr. Swanson indicated that it would also cause a financial hardship, as it would run $40,000 to $60,000 to extend the water main. He said that it would be difficult to absorb that cost, and they are limited in the number of lots that can be built on the property. Commissioner Stoebner asked if additional trees would have to be removed if the water main was extended. Mr. Swanson replied affirmatively. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Dick Anderson of 10530 South Shore Drive. Mr. Anderson asked what type of houses are going in, as he is concerned with aesthetics and size, and that they will blend in with the surrounding neighborhood. Mr. Anderson asked what the setbacks are, and if they homes could be moved back further to blend into the trees. Mr. Anderson wanted to know how the proposed bike path fits with this proposal. Mr. Anderson commented that no one in the neighborhood is in favor of bringing in municipal water because of the financial burden. He commented that he does not want to pay for water or street improvements because of this proposal. Acting Chairman Ribbe introduced Paul Behl of 10508 South Shore Drive. Mr. Behl stated large homes would be out of character for the neighborhood. He stated the importance of preserving the trees. Mr. Behl questioned if everyone within 500 feet had been notified, since no neighbors east of the bridge are at the meeting. Mr. Behl wanted to know how other wells in the neighborhood would be impacted if the Commission agreed with the applicant's request for wells. He also questioned the impact on the proposed bike path. Acting Chairman Ribbe introduced Ron Hennes of 10520 South Shore Drive. Mr. Hennes stated that it is important to protect the wetlands. Mr. Hennes stated he is concerned with drainage issues, as the south side of these lots have been under water on many years. Mr. Hennes was under the impression that there was going to be a cul- de-sac for the development. He commented that three more driveways would make it Planning Commission Minutes May 13; 1997 Page #108 more dangerous. Mr. Hennes stated the lots will be luxury lake view properties, and the applicant should be able to absorb the cost of putting in city water. Mr. Behl asked where Bassett Creek is in proximity to the proposed lots. Planner Rask pointed out where Bassett Creek is on the map. Director Hurlburt asked how far the house is from the creek. Planner Rask replied 125 to 150 feet. Acting Chairman Ribbe closed the public hearing. Mr. Swanson stated they don't have a specific style of house in mind yet, but it will blend in with the natural environment. The size and shape of the homes will be dictated by the Zoning Ordinance. Mr. Swanson indicated that they are looking at a 50 foot setback to give more room for the bike path. Acting Chairman Ribbe asked the applicant for an estimated square footage for the homes. Mr. Swanson replied a 2,500 square foot footprint would be the maximum, and from a market standpoint you don't want to overbuild or underbuild. Commissioner Koehnen asked what footprint means. Mr. Swanson explained that footprint means one level for square footage, and corrected his previous statement indicating that 1,500 to 1,800 square feet would probably be more appropriate. Acting Chairman Ribbe asked if there would be separate driveways. Mr. Swanson replied affirmatively, as a cul-de-sac has a greater impact on safety. Planner Rask stated that the property notice was mailed to all property owners within 500 feet. Planner Rask stated that several lots located east of Bassett Creek did receive a property notice. Acting Chairman Ribbe asked about the potential effect on the neighbors' wells. City Engineer Faulkner replied that there is some potential of affecting other wells. He explained that the normal procedure is that new developments are hooked to city water. Mr. Swanson stated that their wetland delineation inspector looked at the property, and the part of the property they intend to build the homes is situated on an upland. Director Hurlburt asked staff to comment on the trail. Planner Rask responded that an exact location for the trail on this property has not yet been identified. He stated that there is a condition in the resolution that the developer shall provide the City with a trail easement over the northerly 12 feet of Lots 1, 2, and 3 for the purpose of a trail. Planner Rask stated that there is a minimum 25 -foot setback for the lots. Director Hurlburt stated that the Commission could add a requirement for additional setback for the trail, which would probably take away more trees. Planning Commission Minutes May 13, 1997 Page #109 Acting Chairman Ribbe asked if the applicant is planning for a 50 -foot setback. Mr. Swanson answered that they do intend on more than a 25 -foot setback. Director Hurlburt asked how the extension of the water main would affect the neighbors. City Engineer Faulkner responded it is the developer's responsibility and burden to extend the water. The neighbors would not be forced to hook up to city water, but if they choose to, they would only have to pay a hook up fee. Commissioner Koehnen asked how the proposed development would affect traffic. Director Hurlburt responded that three homes will not cause an additional burden. City Engineer Faulkner added that speed humps have been installed in the area. Mr. Swanson asked if there are any road improvement plans for South Shore Drive, and if so, it would be appropriate for the neighborhood to participate as a whole for road improvements and extend the water to the area. City Engineer Faulkner replied that there is nothing in the five year Capital Improvement Plan. Commissioner Stoebner pointed out that the applicant's report indicates that the cost to extend the water is $40,000, and asked what would be the cost for three wells. Mr. Swanson anticipated $5,000 to $6,000 per lot. Commissioner Stoebner asked how a fire hydrant would be installed if water is not extended. City Engineer Faulkner answered that if the water was not extended, the fire hydrant would not be installed. Planner Rask stated that the City's Fire Inspector is requesting that the water main be extended, and that a hydrant be located at the west side of proposed Lot 1. Extended water services at this location will enhance the City's fire protection in this area. Planner Raks indicated that both the City of Medicine Lake and Plymouth Fire Departments respond to fire calls in this area. Commissioner Stoebner asked if the City Council has waived the water requirement in new developments in recent history. City Engineer Faulkner replied negatively. Commissioner Koehnen asked about - wetland protection for the site. City Engineer Faulkner responded that there are damn controls for flooding from Medicine Lake. He stated that homes have to be a minimum three feet above the high water mark, and these homes are proposed to be well above that. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of a Preliminary Plat for North County Properties for North Country Estates located south of South Shore Drive, east of the City of Medicine Lake and west of Bassett Creek. Planning Commission Minutes May 13, 1997 Page #110 Commissioner Koehnen commented that it makes sense to have city water provided now. Commissioner Thompson stated that the City's Subdivision Code discourages use of private water systems unless there is a hardship, and he does not see that element present. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Acting Chairman Ribbe called a recess at 7:53 p.m., and reconvened the meeting at 7:58 p.m. B. TOWN AND COUNTRY CATERERS (97038) Acting Chairman Ribbe introduced the request by Town and County Caterers for a Zoning Ordinance Text Amendment to define "Special Event and Catering Restaurant" and allow them as a conditional use in the O -R (Office Residential) District. Planner Drill gave an overview of the May 7, 1997 staff report. Commissioner Thompson asked if the live entertainment associated with this use would include sexually oriented businesses. Staff responded that live entertainment consists of musical bands and deejays. Staff noted that sexually oriented businesses are regulated. separately and that the proposed amendment would have no impact on those existing regulations. Commissioner Thompson asked if, under the Conditional Use Permit, live entertainment could be precluded if located next to residential uses. Staff replied that, in cases of potential land use conflict, extra conditions could be added to the Conditional Use Permit, including monitoring of the use to ensure compatibility. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Larry Griffith, representing the petitioner. Mr. Griffith stated that the owners of Town and Country Caterers, Inc. currently operate in Wayzata, but have outgrown the facility. They currently have a purchase agreement for a facility located at Empire Lane and Highway 55. He explained that this is a facility to host corporate conferences, weddings and the like. The only live entertainment would be a disc jockey for wedding receptions. Mr. Griffith indicated that if the proposal is approved, they will submit a site plan and full presentation. Mr. Griffith stated that they concur with the staff report. Acting Chairman Ribbe introduced Jack and Judy Holscher of 17935 39`h Place North, owners of Town and Country Caterers, Inc. Mr. & Mrs. Holscher stated that would be available for questions. Planning Commission Minutes May 13, 1997 Page #111 Acting Chairman Ribbe closed the public hearing. MOTION by Commissioner Stoebner, seconded by Commissioner Thompson recommending approval of an Ordinance Amending Chapter 21 (Zoning Ordinance) of the City Code to define "Special Event and Catering Restaurant" and allow them as a conditional use in the O -R (Office/Residential) District. Roll Call Vote. 5 Ayes. MOTION approved unanimously. MOTION by Commissioner Stoebner, seconded by Commissioner Thompson recommending approval of the Findings of Fact for amending Section 21005 and 21450 of the Plymouth City Code (Definitions and O -R Zoning District Respectively). Roll Call Vote. 5 Ayes. MOTION carried unanimously. C. ALDEN AND JEAN RANISATE (97038) Acting Chairman Ribbe introduced the request by Alden and Jean Ranisate for a fence height variance to build an eight -foot high solid wall fence along the front lot line and 38 feet along the north lot line at 1640 Oakview Lane North. Planner Drill gave an overview of the May 7, 1997 staff report. Acting Chairman Ribbe introduced Al Ranisate, the applicant. Mr. Ranisate stated that concurs with the staff recommendation and is available for any questions. Acting Chairman Ribbe closed the public hearing. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Fence Height Variance for Alden and Jean Ranisate for property located at 1640 Oakview Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. D. KINDERCARE LEARING CENTERS, INC. (97040) Acting Chairman Ribbe introduced the request by KinderCare Learning Centers, Inc. for a Site Plan, Conditional use Permit, Interim Use Permit and Variances for a daycare facility south of Rockford Road between Plymouth Boulevard and Vicksburg Lane. Planner Drill gave an overview of the May 6, 1997 staff report. Planning Commission Minutes May 13, 1997 Page #112 Commissioner Thompson asked if there are any health and safety concerns with locating a trash enclosure inside a daycare facility. Planner Drill replied that internal trash rooms are allowed to be designed internal to the principal building, and are regulated under the building code. Acting Chairman Ribbe asked if the code prohibits access from the inside. Director Hurlburt replied that the code allows for internal and/or external access. She added that staff is just requiring that it be integrated into the building. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Gray Greiner, representing the petitioner. Mr. Greiner stated that KinderCare has 35 buildings in the metro area. Three of the facilities have trash enclosures contiguous with the building. He said they have problems with odors with an interior entrance into the building. It would be more beneficial to the children if the trash enclosure was further away from the building. Mr. Greiner stated that they would be willing to put the trash enclosure on the southeast corner of the building with an external entrance. He said with that, there would be a net loss of two parking spaces. If the Commission and staff would agree to amend the Interim Use Permit to 49 parking spaces, they would agree to relocate the trash enclosure. Acting Chairman Ribbe introduced John Dietrich, representing the petitioner. Mr. Dietrich stated he was present to answer any questions. Acting Chairman Ribbe closed the public hearing. Commissioner Thompson asked if staff agrees to the reduction of parking spaces for the Interim Use Permit. Director Hurlburt replied affirmatively. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of a Site Plan, Conditional Use Permit, Interim Use Permit (as amended to 49 parking spaces) and two Variances for KinderCare Learning Centers, Inc. for property located south of Rockford Road between Plymouth Boulevard and Vicksburg. Roll Call Vote. 5 Ayes. MOTION carried unanimously. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending denial of a Variance to allow an exterior trash and recycling storage area for KinderCare Learning Centers, Inc. for property located south of Rockford Road between Plymouth Boulevard and Vicksburg Lane. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Planning Commission Minutes May 13, 1997 Page # 113 " F E. REED DENNY (97056) Acting Chairman Ribbe introduced the request by Reed Denny for a Variance to allow a second driveway with a 102 -foot frontage at 3895 Pilgrim Lane North. Planner Drill gave an overview of the May 5, 1997 staff report. Acting Chairman Ribbe opened the public hearing. Commissioner Stein asked if the garage is allowed. Planner Drill replied that a garage is allowed, but the Zoning Ordinance limits single family uses to one driveway access per lot, except when the property exceeds the required street frontage per Zoning District requirements. Since the property only has 102 feet of street frontage along 38' Avenue, an application for variance is required. MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen recommending approval of a Variance for Reed Denny for property located at 3805 Pilgrim Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. F. MOEN LEUER CONSTRUCTION (97039) Acting Chairman Ribbe introduced the request by Moen Leuer Construction for an Interim Use Permit for deposit of fill on the proposed West Glen Corporate Center located south of 36' Avenue North, east of Rockford Road, north of Highway 55. Planner Lindahl gave an overview of the May 7, 1997 staff report. Commissioner Stein stated that the resolution indicates that the premises will be graded and leveled, and asked if the fill will be stockpiled first. Planner Lindahl explained that the fill will be moved from their Plymouth Ponds site to the proposed West Glen Corporate Center site and stockpiled (not to exceed six feet) with a silt fence around it. Commissioner Stein asked if the fill -would be graded over the entire site. Planner Lindahl stated that if nothing is approved for the site, the applicant would be required to move the fill or to seed/sod. Commissioner Thompson asked where the Engineer's Memo is. Director Hurlburt responded that it is attached in memo format, and the conditions could be added to the resolution. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Brad Moen, the petitioner. Planning Commission Minutes May 13, 1997 Page #114 Mr. Moen stated that the stockpile would be the remaining soils from the Plymouth Ponds development. The West Glen site would be short of dirt regardless if anything is approved for the site. Acting Chairman Ribbe introduced Terry Moriarty of 3630 Black Oaks Lane North. Mr. Moriarty questioned the need for the fill if the applicant's proposed development is denied, and asked what would happen to the fill. He stated that the Harstad property to the east has a large deposit of fill on it. Acting Chairman Ribbe closed the public hearing. Director Hurlburt stated that the Interim Use Permit is only for stockpiling or filling and is separate from any development applications. If the development is not approved, the applicant would have to move the fill again with the proper permits. A permit is required to ensure proper erosion control. Acting Chairman Ribbe asked if this application for fill has anything to do with the Harstad property. Director Hurlburt replied negatively. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner: recommending approval of an Interim Use Permit for Moen Leuer Construction for deposit of fill at the West Glen Corporate Center site located south of 36' Avenue, north of Highway 55, and east of Rockford Road. MOTION to Amend by Commissioner Stein, seconded by Commissioner Koehnen to delete Conditions #6 and 7 of the resolution, as it conflicts with the Engineer's Memo on timing, and to incorporate the Engineer's Memo into the approving resolution. Commissioner Thompson stated that he didn't think the resolution and Engineer's Memo conflict. Director Hurlburt said that Condition #7 in the resolution is virtually the same, but the Engineer's Memo puts a date certain. Commissioner Thompson stated if they do complete it, they still -have to grade, level, and seed. Director Hurlburt stated the landfill operation should be completed by September 10, 1997, at which time it should be seeded and mulched. She stated staff understands the intent and the resolution and Engineer's Memo should probably be combined. MOTION to Withdrawn Motion to Amend by Commissioner Stein, seconded by Commissioner Koehnen. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Planning Commission Minutes May 13, 1997 Page #115 7. OLD BUSINESS A. MOEN LEUER CONSTRUCTION (97012) Acting Chairman Ribbe introduced the request by Moen Leuer Construction for a Preliminary Plat, Site Plan and Conditional Use Permit for construction of two office/showroom buildings of 82,747 and 56,000 square feet to be known as West Glen Corporate Center for property located south of 36' Avenue North, east of Rockford Road, north of Highway 55. Planner Lindahl gave an overview of the May 9, 1997 staff report. Planner Lindahl presented a revised resolution with a new Condition #10 requiring a four-way stop to be installed at 36' Avenue and Zanzibar Lane. It is also recommended that the City pay the costs associated with the installation of the four-way stop. Commissioner Thompson asked why the City should pay for the four-way stop. Planner Lindahl replied that there is already existing traffic and sight line issues on 36' Avenue. The four-way stop should be installed even if this application is not approved. Commissioner Stein questioned whether the 1995 traffic study is accurate enough to base decisions on. City Engineer Faulkner replied that it is in the general ball park.' The capacity of a minor collector street is 8,000 to 10,000 trips per day. Commissioner Stein questioned the projected daily trips incorporating this proposal. Director Hurlburt replied that at that particular intersection it could be 3,200 trips. Commissioner Thompson asked if the City has any other site that allows 33 percent incidental use. Planner Lindahl replied negatively. The B -C is a new district, and has no percentage attached to it. The industrial district operations allows up to 50 percent office as a permitted use. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Donald Butler of 3640 Black Oaks Lane North. Mr. Butler suggested that the certain specifics should be considered in applying the administration of the Conditional Use Permit: The increase in traffic levels from the proposed project (and most likely from the future development of the Harstad parcel), could overload the road and intersection at Vicksburg Lane. "No parking" signs should be posted on 36" Avenue from Vicksburg or Yuma Lane to County Road 9. Mr. Butler stated that the residents have no objection to the berm previously suggested by the applicant. Mr. Butler said that the Department of Natural Resources (DNR) stated that proper permits would need to be obtained. Mr. Butler commented on reservations about the completeness of the traffic study, but basically the residents agree with it. Mr. Butler suggested that before anything proceeds on 360' Avenue, the Planning Commission Minutes May 13, 1997 Page #116 Harstad property should be looked at with regard to traffic issues. Mr. Butler commented that a trail should be put in before any development. Mr. Butler said that this is the only project in the City that has only one access and is by a residential area. He believes that this application would change the concept of the use of the property with the Conditional Use Permit. Manufacturing brings in different types of vehicles and 36' Avenue can't handle it. Mr.- Butler stated that the homeowners association has contacted the Attorney General's Office for a determination on the ownership of Outlot B. Acting Chairman Ribbe introduced John Wirig of 3635 Zanzibar Lane. Mr. Wirig commented that the entrance point of the site is very narrow, and traffic will move a lot slower through the entrance causing a problem with traffic flow. Mr. Wirig stated that the traffic engineers suggested a frontage road to run parallel with Highway 55 for this property. Acting Chairman Ribbe closed the public hearing. Director Hurlburt asked Mr. Butler if he is suggesting both sides of 36`x' Avenue be posted as "no parking". Mr. Bulter replied affirmatively. Director Hurlburt explained that some conditions can not be attached to this- development. hisdevelopment. The sidewalk on the north side of 36' Avenue can not be attached to the developer, but the Commission can direct staff to suggest to the City Council for inclusion in the Trail Plan. The Commission can direct staff to request that the City Council post "no parking" signs along 36' Avenue. The issue of the berm is between the applicant and the homeowners association. Director Hurlburt stated that DNR permits are given for the entire project, not just the berm. Director Hurlburt stated that staff has not received any plans for the Harstad property, so where traffic will be routed is an unknown. The current Comprehensive Plan shows the property will be office use. When the Harstad property develops, staff could look at a second access to the Moen Leuer site at that time. The Site Plan does allow for the connection to occur to the Harstad property. A traffic study would also be done at that time. Director Hurlburt stated that the more office use there is, the more traffic you will have (mainly cars). What the Commission decides on the Conditional Use Permit will set a precedent for this district in the future. Director Hurlburt stated that the City Attorney has indicated that the City owns Outlot B, and it should not affect a decision on this application. Planning Commission Minutes May 13, 1997 Page #117 Commissioner Stoebner asked the applicant to explain the reasoning for 33 percent use for assembly, manufacturing and warehousing/indoor' storage as accessory uses. Mr. Moen explained that they need to have flexibility in a building, and thought that a split of one-third between uses would be appropriate. He stated that it is not an office/warehouse building. Any trucks on the site will be more for service use, such as U.P.S. trucks and vans. Acting Chairman Ribbe asked if the applicant is in agreement with the 33 percent. Mr. Moen replied that they prefer no restrictions on the percentage, but staff won't allow that, so the compromise is 33 percent. He commented that the building is too shallow for truck traffic. Commissioner Stoebner asked what the inside clear height is at Plymouth Ponds. Mr. Moen replied 24 feet, and West Glen is proposed at 18 feet. Director Hurlburt explained that you can't have warehousing by itself, it has to be an accessory use by a business in the district. The percentage of use will have to be monitored through tenant finishes. Commissioner Stein asked if each tenant is allowed 33 percent. Director Hurlburt replied negatively, it would be the building as a whole. Acting Chairman Ribbe asked if stop signs should be installed prior to development.' Director Hurlburt replied that it is part of the resolution, and once passed, staff would be authorized to install immediately. MOTION by Commissioner Koehnen, seconded by Commissioner Stein recommending approval of a Preliminary Plat and Site Plan for Moen Leuer Construction for property located north of Highway 55, south of 36' Avenue and east of Dunkirk Lane. Roll Call Vote. 5 Ayes. MOTION approved unanimously. MOTION by Acting Chairman Ribbe, seconded by Commissioner - Koehnen recommending approval of a Conditional Use Permit for Moen Leuer Construction for West Glen Corporate Center located south of 36' Avenue, north of Highway 55, and east of Dunkirk Lane North. Commissioner Thompson indicated he will vote against the motion, as the applicant is not entitled to a well balanced building, only an incidental or accessory use. He stated that the use will fundamentally change the character of the building, and is not consistent with the B -C use. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to change the Conditional Use Permit to allow manufacturing, assembly and warehousing as accessory uses to permitted uses in the B -C zoning district, not to exceed 25 percent of the gross floor area of the buildings. Planning Commission Minutes May 13, 1997 Page #118 Mr. Moen stated that it would be difficult to build with these restrictions. He doubted that he could get the project financed with the restriction of 25 percent. Commissioner Thompson stated that the B -C district is imposing the restrictions. The Commission has to concern itself with not only the application, but also future Conditional Use Permit applications in a B -C district. Commissioner Koehnen asked about the possibility of setting a precedent. Director Hurlburt language stated that the ordinance doesn't define what is incidental or accessory. When the ordinance is revised and a numerical standard is set, it will have influence on the next application. Commissioner Thompson commented it would be difficult to deny a future application at 33 percent if this one is approved. Commissioner Stein stated that he will vote against the amendment. He commented that maybe the correct number should be 30 percent, but he prefers to go by what the staff report indicates. Roll Call Vote on Amendment. 4 Ayes. MOTION carried on a 4-1 vote. (Commissioner Stein voted Nay.) Roll Call Vote on Main MOTION. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Stein voted Nay.) MOTION by Commissioner Stein, seconded by Commissioner Thompson requesting that the City Council post both sides of 36' Avenue from Vicksburg Lane to County Road 9 as "no parking". Vote. 5 Ayes. MOTION approved unanimously. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson requesting that the City Council include a sidewalk along 36' Avenue in the Sidewalk/Trail program. Vote. 5 Ayes. MOTION carried unanimously. Commissioner Thompson suggested - that a public hearing be held on setting an appropriate accessory percentage in the B -C district. Director Hurlburt replied that staff is working on "clean-up" types of issues for the ordinance for a meeting in June or July, and staff could prepare this topic for discussion at that time. MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen to adjourn. The meeting was adjourned at 10:37 p.m. MINUTES PLYMOUTH ADVISORY COMMITTEE ON TRANSIT April 23, 1997 PRESENT Mike Cagley and Herb Miller Representing MCTO - Sheri Gingerich and Dana Rude Representing Laidlaw Transit Services, Inc. - Dave Johnson Representing the City of Plymouth - John Sweeney Consultant for Plymouth Metrolink - George Bentley Committee Secretary - Patty Hillstrom I. MEETING MINUTES The minutes for the March 26, 1997 meeting were approved as amended. II. RIDERSHIP INFORMATION 1993 - 1997 AND REVIEW OF RIDERSHIP STATISTICS FOR MARCH 1997 Historical Comparison Ridership Graph System Ridership for March is 20,497 versus 20,071 last year in March. Dial -A -Ride is down quite dramatically which may be due to some counting issues that need to be reviewed. Metrolink ridership is up. Revised Ridership Graphs The ridership on Metrolink has been very strong. Passenger Per Day Graphs Day Graphs The numbers are quite steady which is good. Dial -A -Ride is down and staff will be looking at those numbers, so there may be some future revisions. Metrolink passengers per day have moved back up again from March. Cost Summaries The Met Council is now looking more closely at the passengers per hour for Dial -A - Ride than the subsidy per passenger figure. Presently, if the passengers per hour are between two and five they have indicated they are confident that the Dial -A -Ride is operating properly. MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT April 23, 1997 Page 2 The Plymouth Rider shows a slight increase in ridership. Some route changes will be made to connect with the summer Parks programs, hopefully increasing ridership. III. IDENTIFICATION OF AREAS OF CONCERN AND/OR RECOMMENDATIONS Herb Miller's Comments • Miller expressed concern about the condition of the shuttle buses. There is rust around the doors and on the hinges. Johnson has been in contact with the manufacturer and they will straighten out any problems with the buses. Mike Cagley's Comments • One week ago today a Plymouth shuttle bus was downtown picking passengers up on 3`d and Marquette and 3' and Nicollet at 6:30 p.m. His concern was that he had missed his ride home (this item was reported by Mike Cagley for Joe Edwards). Johnson explained that this was a Maple Grove Transit clean-up vehicle. • Cagley commented on the unusual location of the bus bench at the intersection of 36' Ave. N. and the entrance ramp to Highway 169 going south. Bentley stated that the issue of bus benches will be discussed with the City's sign ordinance review and is also addressed in the Transit Facilities Study written by LSA Design. IV. QUARTERLY NEWSLETTER Gingerich expressed a concern with the free ride coupon for the Plymouth Rider. Customers are using the coupons on the other buses. Bentley will make it clear in the future that the coupon is only for the Plymouth Rider. Bentley stated that the next newsletter would go out in July and asked for ideas. V. PARK AND RIDE SITE AT FOUR SEASONS MALL SHOPPING CENTER \\Cityyly\vol I\ENG\TRANSIT\PACTIMINUTES\4-23-97. DOC MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT April 23, 1997 Page 3 Bids were opened this week for the work at the Four Seasons Mall Park and Ride and the City Council will award the bid at the May 7, 1997 Council Meeting. The bids came in higher than the estimate and Sweeney recommends that the difference be made up with funds from the carry-over account. There will be temporary relocated parking during the construction work. The shelters will be retrofitted with heaters and the improvements to the park and ride site will include car heaters, lights and a telephone. Sweeney hopes that the entire project will be completed by July 1, 1997. VI. FUNDING FOR PROPOSED RELOCATION OF PARK AND RIDE SITE FROM HWY. 55/CO. RD. 73 TO WATERFORD PLAZA SHOPPING CENTER A grant was originally approved to update the Hwy. 55/Co. Rd. 73 Park and Ride site. Due to the problems at that site, the park and ride site will be moved to Waterford Plaza Shopping Center which was used during the strike. The Met Council has approved a revised capital application for the new site. Bentley stated that grant applications will be submitted for a May 19 deadline to the Met Council. One will be for two park and ride lots, one at Co. Rd. 6 and Hwy. 101 and the other located in the Plymouth City Center area, or further to the northwest if there is not a downtown site available. An application for ten neighborhood stops will also be submitted through this process. The remaining stops will be funded with future grants. VII. PUBLIC TRANSIT FACILITIES STUDY PREPARED BY LSA DESIGN A question was raised about the proposed routes shown on the map depicting a transit hub at I-494 and Hwy. 55. Bentley explained that the route lines were placed on the map for illustrative purposes only. VIII. OTHER COMMENTS \\City_ply\vol l\ENG\TRANSInPACT\M INUTES\4-23-97.DOC MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT April 23, 1997 Page 4 L� Sweeney asked for input from PACT members regarding their role on the committee. He also asked if the current members would like an expanded role for PACT, perhaps working with the Council subcommittee. The next PACT meeting will be held on Wednesday, May 28, 1997 at 7:00 p.m. in the Engineering Conference Room (Hadley Lake Room) on the lower level of the Plymouth City Hall. Respectfully, Patty Hillstrom Committee Secretary \\Cityyly\vol I\ENG\TRANSInPAC nMINUTES\4-23-97.DOC t Orono School board 4 1/2 -year term/ Uncontested votes percent x -Bryan Louis Pawela x -Martha Van deVen (incumbent) 34 Lorri Ague x -Jack R. Veach (incumbent) 24 Gail A. Gieseke Osseo School board 23 Cynthia Overson 4 1/2 -year term/ 14 of 14 precincts (100%) reportingvotes percent x -Judy Peterzen 1,729 22 x -John L. Nelson 1,589 21 Nancy Miller 1,573 20 Robert Sloane 1,479 19 Beth Becker 602 8 Mike Parenteau 204 3 Carol English Francis 190 2 Stan J. Leino 105 1 Frank H. Weir 87 1 ita Davis 25 0 Randolph School board 2 1/2 -year term/ Uncontested x -Gary Moorhouse 4 1/2 -year term/ Uncontested x -AI Gutierrez (incumbent) x -John Ista (incumbent) Richfield School board 4 1/2 -year term/ 9 of 9 precincts (100%) reporting votes percent x -Pam Dmytrenko 780 55 x -David Lamberger (incumbent) 711 50 Russ Rooney 523 37 Mike Kamas 439 31 Rosemount -Apple Valley -Eagan School board 4 1/2 -year term/ 21 of 21 precincts (100%) reportingvotes percent x -Mike Rossen (incumbent) 3,580 31 x -Bruce Endler (incumbent) 3,475 30 Pamela Holm 2,315 20 Jeffrey Belden 1,966 17 Todd Hopps 344 3 Roseville School board 4 -year term/ Uncontested x -Tom Bertz (incumbent) x -Jill K. Lund Spring Lake Park School board 4 1/2 -year term/ Uncontested x -Marilynn Forsberg (incumbent) x -Karen Young (incumbent) Waconia School board 3 1/2 -year term/ 3 of 3 precincts (100%) reporting votes percent x -Bryan Louis Pawela 149 34 Lorri Ague 108 24 Gail A. Gieseke 103 23 Cynthia Overson 69 16 5 1/2 -year term/ 3 of 3 precincts (100%) reporting votes percent x -Theresa Ann Pesch (incumbent) 350 79 x -Scott M. Jensen 338 76 Tom Kaliher 163 37 West St.Paul School board 2 1/2 -year term/ 5 of 5 precincts (100%) reporting votes percent x -Thomas L. Weisbecker (incumbent) 1,387 61 Mark Spurr 675 29 Ray Michelsen 136 6 Cheryl Andrea Bruhn 91 4 4 1/2 -year term/ 5 of 5 precincts (100%) reporting votes percent x -James T. Nikolai 1,456 33 x -Max Saucedo 1,162 27 Robert C. Sipkins May 13, 1997 Plymouth City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 �• ` Re: Follow-up thoughts on May 7th meeting = . Dear Mayor, e,rney and Councilmembers: Attorney at Law — 3 1050 Carlson Center 601 Carlson Parkway Minnetonka, Minnesota 55305 Phone: 612.475.6310 Fax: 612.475.6311 I hope you have all caught up on your sleep after last week's marathon Council meeting. I write to raise a couple of issues related to or raised in Wednesday's meeting. First, as noted by Councilmember Preus, something must be changed procedurally so that important and controversial issues like that involving the "Seven Ponds" site are not debated between 10:00 p.m. and 1:30 a.m. While the Council was gracious in sitting through the lengthy list of speakers, the late hour does not enhance most speakers' abilities (mine included) nor most listeners' comprehension. Ultimately, it seems to me, the decision- making process as a whole suffers and it becomes a sort of government by attrition. I would suggest that when the Council sees these sorts of issues coming that it either minimize the number of other agenda items, expedite the. 'earlier items with a "super -consent agenda" or somehow reverse the order of the truly substantive agenda items. Secondly, in my rambling remarks Wednesday night or Thursday morning I made reference to what I think are shockingly deficient notice procedures utilized by the City. While my house sits approximately 8/10 of a mile from the "Seven Ponds" site, neither my Mapledell neighbors nor I have ever received any formal notice of the Hagen proposal or the possible reguiding. Why not? Because we all fall outside what I understand to be a 500 foot radius that is used to determine notification. I don't know whether the 500 foot rule is a creature of statute, ordinance, resolution or staff policy, but its result is to keep affected residents ill-informed and, ultimately, suspicious of their local government. I urge you to expand the notification area so that "near" neighbors and other impacted residents are able to share their voices as well on matters of public policy. RCS/pjb Gary Googins 1304 W. Medicine Lake Dr. Plymouth, MN 55441 Dear Mr. Googins: Thank you for your interest in resolving the noise problems in your neighborhood. Staff in the Community Development Department have been looking into possible options for resolving this issue. You have suggested that construction of a berm would resolve the noise problem and further, that fill is available to construct it. Staff from several City departments have looked into the feasibility of a constructing a berm on the City's park land. Their initial conclusion is that constructing a berm would not be feasible. In addition, we do not know at this time if any fill would in fact be available. The Homestead Village development application is not complete for City review and may not move forward in the review process for some time because of significant wetland issues. Staff would like to work with the neighborhood to resolve your concerns. At this point, we are not in a position to recommend a preferred approach. However, we would like to discuss how we might move forward to address this matter. Please contact Barbara Senness of my staff at 509-5401 in this regard. Sincerely, Anne W. Hurlburt, AICP Community Development Director cc: Mayor and City Council Members PLYMOUTH _'. '�z a ti ful 1 ince 7n Li, t 3400 PLYMOUTH BOULEVARD • PLYMOUTH. v11NNESOTA 55447-1482 • TELEPHONE (612) 509-5000 81997 i May 4, 1997 JL ""WUNITY DF [LO LYMpUTH F'fF1T DfP,"RTM�,lTI Mayor Joy Tierney Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Tierney : This is a response to your letter to Bridget Jodell dated 4-24-97 addressing Topaz Trucking Co. noise problem. I believe we have located the FILL needed for a BURM of a substantial size. I have recently spoken to Rick Smith, wetland consultant for Homestad Village. He has informed me that the Small Peninsula wetlands development would "fill our need. He had offered he would contact Paul Crabtree, homestead developer to discuss this specific issue. We are overjoyed at the prospect to get the "fill", providing that all other pertaining issues are agreed upon in further meetings. I have left a message with Paul Crabtree about. the South Shore Drive burm issue, as well as with Anne Hurlburt and Craig Gerdes with City of Plymouth. On May 2, 97 Bridget recieved a message from Mr. Crabtree favoring this idea. We think that it is proper and beneficial to inform you, Mayor, of these proposals. We once again thank you for your much needed input and concern. We are confident that this burm proposal will, with Your help become a reality and the " NOISE POLUTION will be resolved. Sine ely, Gary Goo ins ( phone # : 546-0433 ) Bridget Jodell phone # : 545-8374 Mr.Crabtree phone # : 214-689-1835, or 214-537-3187, FAX : 214-951-9286 Mr. Smith : 801-460-7416 ( pager ) cc : Anne Hurlburt, Director of Community Dev. Craig Gerdes, Director of Public Safety Rick Smith, Wetland consultant Paul Crabtree, Developer ,t -- 1 -4 t -J b rte`) 0 1- 1-4 1 14 M M M M �f 1* d' Nt 5/18/97 ro i Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. %9 Plymouth, MN 55447-1482 Dear Mayor Tierney, We are writing in regard to the rezoning of the nroaerty located at the S W corner of Vickburg and 22nd Ave As home owners in the Steeplechase neighborhood for 8+ years, we are very concerned about anything that can disrupt the unique quality of this neighborhood. When we built our house, the property to the east of us was pasture land. 22nd. Ave. ended a half a block away and Vicksburg seemed a very long distance away, since we never used it. Several more years would pass before 22nd. Ave. would reach Vicksburg. A commercial development is not reasonable nor wanted in this residential community. This neighborhood is full of elementary school age children and younger. We are well served by area businesses already and as the City Center continues its development, we will have even more choices. We don't need any more through traffic or businesses that draw non- residents into the area to pose a safety hazard to our children. Our children are on the early 7:30am bus route next year, meaning they will be waiting in the dark on a through street the proposed commercial development is planned on. We can't safely handle through traffic of a commercial center, nor can Oakwood school manage a density higher than an LA -2. The 101 and Co. Rd. 6 area is a prime example of high density and businesses to hang out at. The Parker's Lake area already is a very high density area, and doesn't need more areas to hang out. The developer can state the type of commerce he wants, but he can't guarantee it 2 or 3 years down the road. Both Oakwood and Vicksburg Plaza suffer from vacant store fronts. An additional commercial development on Vicksburg and 22nd. is a recipe for future problems. It seems reasonable and logical that this parcel of land be zoned LA -2 in agreement with its original zoning in the comprehensive land use. LA -2 will fit with the surrounding Suncourt Homes and neighboring town homes. It is unfair for the City of Plymouth to be concerned about the economic effect this rezoning may have on the City of Minneapolis. Years ago they could had sold it for residential use but didn't. Now that the value of the land on their books is inflated, they don't want to take the hit. That is the wrong reason to keep this property commercial. The land was residential when they received it from the county. That is the only value they should expect from it today. We would appreciate your thoughtful consideration in this matter. Steeplechase is about as perfect of a neighborhood one could have. Please don't change that. Sin rely, Doug 2225 Zanzibar Ln. N. Plymouth, MN 55447 473-4443 &,Vut�- /-J4 Connie Krinn May 19, 1997 Attn: Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 RE: Proposed zoning 22nd & Dear Mayor Tierney, David A. & Julie A. Teicher 2110 Weston Lane Plymouth, MN 55447 We are residents of Steeplechase development, with the back yard of our house on Vicksburg Avenue located about 100 yards from the corner of Vicksburg and 22nd. We are a family of four, with two elementary school age children. As residents of this area since 1991, we strongly request that the property at 22nd and Vicksburg be developed under the current guiding LA -2 comprehensive land use designation for this site. This is because: A) commercial development does not fit with the surrounding residential character of the neighborhood and is not necessary as there are more than adequate retail services nearby. B) commercial use for the site is inappropriate because it would draw more high speed traffic down Vicksburg. Vicksburg, with a speed limit of 50 mph and no left turn lanes, is not suitable for the volume of traffic a commercial development would draw. C) commercial development poses serious safety concerns for us as residents. Our children will be bussed at 7:20 a.m. next school year. This would be the same peak time for retail traffic if it was zoned as such. We also believe that 22nd Avenue would be used as a thru-street for traffic to the area is zoned commercial. This could endanger our children, who use 22nd for walking and biking. As residents of this area where a commercial development would adversely impact our quality of life and that of the neighborhood, we urge you to give this matter your most serious consideration regarding what would be the best choice for serving your constituents. Please require this development to be in accordance with the current guiding LA -2 comprehensive land use designation. Sincerely, u.ecc, "P -oust, Tim D Davi �Iu�e,al & Tim h of y Teacher Dr C� EFi riU Er EY Cif' $1 S May 20, 1997 STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT HENN EPIN COUNTY DISTRICT COURT David L. Pauba 12520 58' Avenue N Plymouth, MN 55442 RE: Plymouth Charter Commission Dear Mr. Pauba, C-1704 GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 56487 (612) 346-3561 FAX (612) 346-2131 Enclosed is a copy of my Order appointing you as a member of the Charter Commission for the City of Plymouth. You will also find enclosed a written acceptance and oath of office which you should sign before a notary public and return to me in the enclosed self- addressed envelope. Under Minnesota Statutes Section 410.05, Subd.2, an appointee who neglects to return the oath and acceptance form within thirty (30) days will be deemed to have declined the appointment. Thank you for agreeing to serve on this important Commission. Sincerely, 66-m�� 4"YAW Daniel H. Mabley DHM\eb Enclosures c: Joy Tierney, Mayor Dwight D. Johnson, City Manager Roger Knutson, City Attorney Kathy Lueckert 4c - STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN 'FOURTH JUDICIAL DISTRICT ---------------------------------------------- In the Matter of the_ - - 66ER APPOINTING Charter Commission for the cc �C1�iART'�8 6MMISSION MEMBERS CITY OF PLYMOUTH File No. 655181 Hennepin County, Minnesota WHEREAS, the Court has been informed that David L. Pauba is qualified to and desires to serve as a member of the Charter Commission for the City of Plymouth; NOW, THEREFORE, pursuant to Minn. Stat. 410.05, IT IS ORDERED: 1. That David L. Pauba is appointed as a member of the Charter Commission for the City of Plymouth. Said term shall expire on June 18, 2001, at which time this member will have completed his second four-year term and will be ineligible to serve another consecutive term. 2. That said appointee shall serve until a successor is appointed and qualified. 3. That said appointee shall file with the Clerk of District Court within thirty (30) days of this Order written acceptance and oath of office. BY THE COURT: - C�d�- Y66g�,11 Daniel H. Mabley Dated this 20 day of i1A.1. C0 DANIEL ABLEY 1 F .�If�DG r �1 STATE OF :MINNESOTA 1• FOURTH JUDICIAL DISTRICT HEN__-EPIN COUNTY DISTRICT COURT lay 20, 1997 Robert C. Sipkins 2621 Comstock Lane Plymouth, MN 55447 RE: Plymouth Charter Commission Dear Mr. Sipkins, C-1704 GOVERNMENT CENTER 300 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55487 (612) 346-3561 FAX !612) 346-2131 Enclosed is a copy of my Order appointing you as a member of the Charter Commission for the City of Plymouth. You will also find enclosed a written acceptance and oath of office which you should sign before a notary public and return to me in the enclosed self- addressed envelope. Under Minnesota Statutes Section 410.05, Subd.2, an appointee who neglects to return the oath and acceptance form within thirty (30) days will be deemed to have declined the appointment. Thank you for agreeing to serve on this important Commission. DHM\eb Enclosures c: Joy Tierney, Mayor Dwight D. Johnson, City Manager Roger Knutson, City Attorney Kathy Lueckert Sincerely, Daniel H. Mabley i - 4-L STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN _ FOURTH JUDICIAL DISTRICT In the Matter of the ----------------------------------------- ---------- .j --,- - ORDER APPOINTING Charter Commission for the COMMISSION MEMBERS CITY OF PLYMOUTH File No. 655181 Hennepin County, Minnesota WHEREAS, the Court has been informed that Robert C. Sipkins is qualified to and desires to serve as a member of the Charter Commission for the City of Plymouth; NOW, THEREFORE, pursuant to Minn. Stat. 410.05, IT IS ORDERED: 1. That Robert C. Sipkins is appointed as a member of the Charter Commission for the City of Plymouth. Said term shall expire on June 18, 2001, at which time this member will have completed his second four-year term and will be ineligible to serve another consecutive term. 2. That said appointee shall serve until a successor is appointed and qualified. 3. That said appointee shall file with the Clerk of District Court within thirty (30) days of this Order written acceptance and oath of office. BY THE COURT: &A��4k_ �&'� Daniel H. Mabley Dated this 20 day of '1917. MAY 23 '97 10:46AM LEAGUE 5P MN CITIES P.1 Xrr LMCV IJ --i FRIDA YFAx wnmp� Vol. 2. No. 20 rr+� , «�M+ A weekly legislative update from the League of Minnesota Cities May 23,1997 Bills face an uncertain fate Although the legislative Ses- sion ended on Monday at midnight, the Governor's role in the process for many bills has just begun. Article IV, section 23 of the Minne- sota Constitution spells out the process by which a bill approved by both the House and Senate becomes law. Unfortunately, the description in the Constitution is unclear. With the massive num- ber of bills passed by both houses in the final days of the session, this procedure is extremely impor- tant part of the legislative process. The key to the process is the date that a bill is presented to the Governor by the legislature and the year of the two year legislative cycle we are in. Generally, the governor has three days from the date a bill is presented, excluding Sundays, to act on legislation. The governor can sign the bill, veto the bill or not act on the bill in which case, the bill becomes law as if he had signed it. The only exceptions occur in the last three days of the second year of the legislative cycle. Any bill presented to the governor during the last three days or the three days immediately following adjournment follow a separate set of procedures. Under this sce- nario, the governor has 14 days, excluding Sundays, from the date of presentation to act on the bill. He can sign the bill, veto the bill or not act on the bill in which case it does not become law. The governor can also line - item veto appropriations within a bill without vetoing the entire bill. The line -item veto is carried out under the same set of procedures described above. According to the revisor's office, the omnibus tax bill will not be presented to the governor before next Tuesday. If it were presented to him then, he would have three days to act on the bill. FridayFax finale With the end of the legislative Session also comes the end of the weekly FridayFax. We hope we've met our goal of providing timely legislative information in a quick, easy -to -read format. At least one special edition of FridayFax is likely in the coming weeks. Governor Carlson's veto decisions and the special session agenda will determine when we publish again, and if there will be more than one special edition. Thanks to the city officials who let us know what they liked and disliked about FridayFax. Please don't be shy if you have any sugges- tions or comments on how we can improve on our efforts for the 1998 session. 1997 LEGISLATIVE WRAPUP Tuesday, June 10 2:304:30 p.m. Herberger Suite League of Minnesota Cities 1997 Annual Conference St Cloud To register, call Mickey Ojard, at (612) 281-1261 or (800) 925-1122. Mules in place for lead paint removal The Minnesota Pollution Control Agency recently com- pleted rulemaking that addresses removal of lead paint from steel structures. To help cities that will be working on water towers or other steel structures this sum- mer, the MPCA has information available on required pollution control activities, removal of lead paint, and a sample notification to residents. Watch for more details in the June 4 issue of Cities Bulletin. If you have questions, contact Michelle Oie at (612) 296- 6707 or (800) 557-3864.