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HomeMy WebLinkAboutCouncil Information Memorandum 01-02-1998JANUARY 2, 1998 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 PM before each Regular Council meeting. JANUARY 7, 6:30 PM JANUARY 7, 7:00 PM JANUARY 21, 7:00 PM 2. MONDAY, JANUARY 5, 5-7 PM 3. TUESDAY, JANUARY 6, 7: 00 PM 4. WEDNESDAY, JANUARY 7, 5:30 PM SPECIAL COUNCIL MEETING Topics: Deputy Mayor; Council Coordinating Representative (CCR). Memo calling meeting is attached. Medicine Lake Room REGULAR COUNCIL MEETING Council Chambers REGULAR COUNCIL MEETING Council Chambers OPEN HOUS&INFORMATIONAL MEETING ON 2ACHAR YLANE IMPROVEMENTS, PROJECT NO. 5030 Council Chambers PLANNING COMMISSION, Council Chambers. Agenda is attached. COUNCIL SUBCOMMITTEE ONACTIVITY CENTER, Mooney Lake Room 5. THURSDAY, JANUARY 8, 7: 00 PM PRAC, Council Chambers CITY COUNCIL INFORMATION MEMO January 2, 1998 6. THURSDAY, JANUARY 8, 7:30 PM 7. TUESDAY, JANUARY 13, 7: 00 PM 8. THURSDAY, JANUARY 15, 7: 00 PM 9. THURSDAY, JANUARY 15, 7: 00 PM Page 2 PLYMOUTH HUMAN RIGHTS COMMISSION, Medicine Lake Room ENVIRONMENTAL QUALITY COMMITTEE, Hadley Lake Room HRA, Medicine Lake Room PUBLIC SAFETYAD VISOR Y BOARD, Public Safety Training Room b. Two December 28, 1997 Star Tribune news articles concerning the use of work release program participants in the suburbs. (I -1b) C. Public Safety Department news release regarding the December 28 barricaded suspect incident in Plymouth. (I -1c) d. Plymouth Community Development newsletter, Northwest Notes. (I -1d) e. News release regarding the first anniversary performance of the Plymouth Playhouse review, How to Talk Minnesotan: the Musical. (I -1e) f. Invitation to the January 5 Hennepin County Commissioners' kick-off for the 1998 ant -tobacco campaign. (I -1j) g. Agenda for Shingle Creek Watershed Management Commission January 8 meeting. (1--1g) h. Agenda for Minnesota Environmental Trust Fund Coalition January 12 meeting. (I-1 h) 2. MEETING MINUTES a. Planning Commission December 16, 1997 meeting. (I -2a) b. Shingle Creek Watershed Management Commission November 13 meeting. (1--2b) CITY COUNCIL INFORMATION MEMO Page 3 January Z 1998 C. Minnesota Environmental Trust Fund Coalition November 4 meeting. (I -2c) 3. CITIZEN COMMUNICATIONS POLICY— CORRESPONDENCE A status report on the most recent correspondence is attached. (1-3) 4. CORRESPONDENCE a. Letter from Robert Hall regarding discussion at the December 10 Council study session concerning the proposed revision to the City "all -way" stop sign policy. (I -4a) ft b. Letter from Plymouth Fine Arts Council President Georgann Bestler Wenisch regarding the proposal to display art in City offices.(I-4b) C. Correspondence from Sugar Hills Townhome Association Vice President Don Butler regarding the proposed business development at 36' and Vicksburg Lane. (1-4c) d. Letter from Sugar Hills Townhome Association Vice President Don Butler to Public Safety Director Craig Gerdes regarding traffic near the proposed business development at 36' and Vicksburg Lane. (I -4d) e. Letter from City Assessor Nancy Bye to Jerry Chmielewski regarding his property valuation. Attached is Chmielewski's original letter. (1--4e) f. Letter from Raymond Jorgensen regarding the DNR request for comments on the Luce Line Trail. Also attached are copies of a Sun Sailor news story, and a Sun Sailor editorial by Jorgensen on the topic.(I-4j) g. Letter from the Minnesota Department of Health regarding bacteriological monitoring requirements in Plymouth. (I -4g) ®ow.,, /Vill -i December 30, 1997 CITU C PLYMOUTR I hereby call a special meeting of the Plymouth City Council to begin at 6:30 p.m. on Wednesday, January 7, 1998. The meeting will be held in the Medicine Lake Conference Room, 3400 Plymouth Blvd. Topics to be discussed are Deputy Mayor and Council Coordinating Representative (CCI'.) appointments. Joy ie ey, Mayor PLYMOUTH A BeautifulP[ace To Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 www.d.plymouth.mn.us October 16, 1997 ciry of PLYMOU?Et «PIN» OwnerName» «HOA» «Address» -City-, ((St. «ZIP. SUBJECT: ZACHARY LANE IMPROVEMENTS 36TH AVENUE TO BASS LAKE ROAD (COUNTY ROAD 10) CITY PROJECT NO. 5030 Dear Resident: This is to inform you that we will be having an open house on Monday, January 5, 1998, between 5:00 and 7:00 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, to let you review the preliminary plans, receive an update on the Zachary Lane Improvement Project, and give any additional comments. We have taken the input received at the October 27 public meeting and prepared the required Preliminary Engineering Report and Plan which the City Council received at their December 3 meeting. The report recommends that the improvement of Zachary Lane be a curvilinear two lane, 32 foot wide roadway with concrete curb and gutter, storm sewer, with a 10 foot wide bituminous trail from 36' Ave :ue to County Road 10 and medians with turn lanes at County Road 9 and Zachary Lane School. Turn lanes without medians are proposed at Schmidt Lake Road and 36' Avenue. If you are unable to attend the open house on January 5, a copy of the report will be available for your review in the Engineering Department at the Plymouth City Center, 3400 Plymouth Boulevard. If you have any questions or comments, please don't hesitate to contact me at 509- 5520 or Dan Campbell at 509-5522. Sincerely, Daniel L. Faulkner, P.E. City Engineer cc: Fred G. Moore, Director of Public Works PLYMOUTH A Beau tijull'fai G!rRwltw eering\PROJECIS\530\LTRS\Zachary_frm 3.doc 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 ®:.b,.•Y7• www.d.plymouth.mn.us ® PLANNING COMMISSION AGENDA TUESDAY, JANUARY 6, 1998 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 7:00 P.M. 2. PUBLIC FORUM 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. *CONSENT AGENDA A. Suburban Hennepin Regional Park District. Site Plan Amendment for construction of a 192 square foot storage shed for trail grooming equipment in French Regional Park. (97175) 6. PUBLIC HEARINGS A. Homestead Village, Inc. Sketch Plan for a 122 -unit extended stay hotel located east of Nathan Lane North, south of State Highway 55, and west of Highway 169. (97051) B. Matthew McLeod and Leslie McLeod Jackson. Minor Variance to allow construction of a three season porch onto an existing deck at 5267 Ximines Lane North. The proposed porch would encroach 5.5 feet into the required 25 -foot front yard setback. (97174) C. City of Plymouth. Amending the text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance to permit radio receivers and transmitters in connection with essential services, and wireless antennas and communication facilities in City rights-of-way. (97176) 7. NEW BUSINESS 8. ADJOURNMENT i:� j , I 0 H U Q SIN COO I I cis I II M z•� O I T 79 O V If p ul Y~.. � I Lo h Cd ,s 00 I'a] b zo lZ0o am �Oz O 02 U pn�. 0U `` tLz a Up QExIm 33w o DU o' 2U c v U 0.8 a v, —UIM �o a � j r j I N j i Ci LUv- o`MianosM/C Cia" promoting e=ff"" December 19, 1997 To: Mayors of LMCIT member cities From: LMCIT Board of Trustees Jim Antonen, City Manager, Moorhead Les Heitke, Mayor, Willmar Jim Miller, LMC Executive Director Re: 1997 LMCIT dividends 145 University Avenue West, St. Paul, MN 55103-2044 Phone: (612) 281-1200 - (800) 925-1122 Fax: (612) 281-1299 - TDD (612) 281-1290 Karen Anderson, Mayor, Minnetonka Todd Pra&e, City Administrator, St. Peter As you know, the LMCIT property/casualty program is returning $12 million to member cities as a dividend this year. Members of the LMCIT workers compensation program will also share in a $4 million dividend to be distributed in April, 1998. We'd like to offer you our congratulations on what you've accomplished by cooperating through LMCIT and by your commitment to reducing claims and losses. We've enclosed a chart showing your city's share of this year's LMCIT property/casualty dividend, how that compares with your premiums, and what your city's past premiums and dividends have been. The amount of each city's dividend depends on the city's total premiums and losses for all the years you've been a member of LMCIT. The longer you've been a member and the more successful you've been in avoiding losses, the greater your city's dividend. This is the eleventh consecutive year the LMCIT property/casualty program has returned a dividend to its members. This year's dividend brings the total to just under $91 million since 1987. That's equal to 31% of the cities' property/casualty premiums for that period. LMCIT's work comp members have also received substantial dividends in the past few years: $5.4 million in 1993 and $8.5 million in 1997, with another $4 million to be distributed to members next April. Premiums and Dividends LMCIT Property/casualty Program $40 $30 0 $20 $10 $0 '87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 pPremium GoDividend -OVER- AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Work program sends prisoners to suburbs - Microsoft Internet Explorer Page 2 of 3� 1 11 11 R o I 1610 R A List Next 0� ✓ Published Sunday, December 28. 1997 Work program sends prisoners to startribune.com suburbs l Metro Associated Press MINNEAPOLIS (AP) -- Convicted felons, including a few murderers, work in two of the Twin Cities safest and most affluent suburbs. Plymouth and Eden Prairie, along with the Hennepin Parks system, participate in a 2 -year-old state program that puts inmates who have been convicted of more serious offenses to work in local communities. "A lot of these are long-term felony offenders," said Todd Johnson, a state corrections supervisor. "They all get to get released someday. This program helps them get started." The state's Institution Community Work Crew program, involving about two dozen prisoners, has drawn praise from T� city and state officials, but criticism from some city workers. In Plymouth, where city employees are negotiating a new union contract, workers complain that inmates are taking their `- jobs, are indistinguishable in appearance from city employees and pose a safety concern as they work in parks and community centers. Sex offenders are not allowed to participate, corrections officials said. "You don't employ felons and prisoners in parks where kids are playing," said Kurt Errickson, an Association of Federal, State, County and Municipal Employees official representing 40 public works and parks employees in Plymouth. The union's contract with the city expires Wednesday, and union officials have tried to raise awareness of the issue at City Council meetings and in letters to Plymouth's weekly newspaper. "We've seen minor incidents," said Errickson. "Oh, you know, prisoners getting kids to try and buy them cigarettes or whistling at girls as they walk by." 12/29/97 8:09:36 AM Work program sends prisoners to suburbs - Microsoft Internet Explorer Page 3 of 3 City officials denied there are problems -- or complaints from residents -- and suggested that union representatives were pushing the issue as a negotiating ploy. They added that many of the jobs being done by inmates would not otherwise get done, because the city lacked the necessary workers. "I don't think we have a real safety issue here. Of course, that is always a concern," said Joy Tierney, Plymouth's mayor. "It's largely a union bargaining issue. The program augments the more widely used Sentence to Service project, which has 117 work crews around Minnesota and uses inmates serving sentences in county jails. Inmates in that program are normally serving time for lesser crimes, usually involving jail terms of no more than a year. While city parks and public works employees in Plymouth average $16 an hour, the inmates are paid $1.60 an hour. Plymouth last spring signed a two-year contract to participate startribune.com in the program, which costs just under $30,000 a year. Metro In Plymouth, the inmates have erected playground equipment, painted the ceiling at a new ice arena and cleared timber and brush in parks. ,& List Next Copyright 1998 Associated Press. All rights reserved. 12/29/97 8:09:38 AM Program uses convicted felons in Plymouth, Ed... - Microsoft Internet Explorer Page 2 of 5 f�E1G0! EGI�� '4 Pre"io«s ALi5t .... � ,•►" Published Sunday, December 28. 1997 , . r Program uses convicted felons in startribune.com Plymouth, Eden Prairie Metro Mike Kaszuba / Star Tribune Twice every week, sometimes more often, state prison inmates board a white van and head off to work in Hennepin County. Many of the men in the van have felony drug convictions. A few are convicted murderers. Their primary destinations are Plymouth and Eden Prairie, two of the Twin Cities' safest and most affluent suburbs. Both cities, along with the Hennepin Parks system, are at the forefront of a state program that's attempting to put inmates who have been convicted of more serious offenses to work in local communities. In just the past few days, the inmates polished the plexiglass at an indoor hockey arena in Eden Prairie and, on Christmas Eve, chopped wood on city property next to Flying Cloud Airport. "A lot of these are long-term felony offenders," said Todd Johnson, a state corrections supervisor, who watched as an inmate powered up a chain saw. "They all get to get released someday. This program helps them get started." As a light snow fell, one inmate paused from work and said: "[We're] not looking for any trouble. I think it's a good program. It's a step toward getting out. Sure beats the hell out of being inside." The state's Institution Community Work Crew program, involving about two dozen pris oners, has drawn praise from city and state officials, but criticism from some city workers. In Plymouth, for example, city workers complain that inmates are taking their jobs. Plymouth city workers also complain that inmates are indistinguishable in appearance from city employees and that they pose a safety concern. 12/29/97 8:10:06 AM Program uses convicted felons in Plymouth, Ed... - Microsoft Internet Explorer Page 3 of 5 Sex offenders are not allowed to participate, corrections L� �b officials said. Surprisingly, the two-year-old program has found its greatest success in communities where major crime is virtually nonexistent but where public safety remains a concern. So far, only Eden Prairie, Plymouth and the Hennepin Parks system participate. Inmates working last week in Eden Prairie were just a short distance from many large executive homes with lawn signs warning of home security systems. Unionscomplain "You don't employ felons and prisoners in parks where kids are playing," said Kurt Errickson, an Association of Federal, State, County and Municipal Employees official representing 40 public works and parks employees in Plymouth. The union's contract with the city expires New Year's Eve, and union officials have tried to raise awareness of the issue at City Council meetings and in letters to Plymouth's weekly newspaper "We've seen minor incidents," said Errickson. "Oh, you know, prisoners getting kids to try and buy them cigarettes or whistling at girls as they walk by." City officials denied there are problems -- or complaints from residents -- and suggested that union representatives were pushing the issue as a negotiating ploy. They added that many of the jobs being done by inmates would not otherwise get done, because the city lacked the necessary workers. "I don't think we have a real safety issue here. Of course, that is always a concern," said Joy Tierney, Plymouth's mayor. "It's largely a union bargaining issue. "I had one call once because there was concern about some . workers clearing some brush down by an elementary school," she said. Though inmates long have been used on work crews across Minnesota, the community work program uses state prison inmates who generally have been convicted of more serious offenses. Those who are chosen are usually within a year of being eligible for work or supervised release. "It can run the gamut," said Ron Solheid, a state corrections official. "Typically, you'll have people there with theft 12/29/97 8:10:07 AM Program uses convicted felons in Plymouth, Ed... - Microsoft Internet Explorer Page 4 of,5 official. "Typically, you'll have people there with theft [convictions], some felony -level driving offenders ... some burglars." The inmates in the program have sentences of at least a year and a day, he said, and are serving time in a minimum security compound next to Lino Lakes prison. The program augments the more widely used Sentence to Service project, which has 117 work crews around Minnesota and uses inmates serving sentences in county jails. Inmates in that program are normally serving time for lesser crimes, usually involving jail terms of no more than a year. 'All workingtogether' As he watched his crew of 12 inmates in Eden Prairie, Johnson said he estimated that "75 percent of my people here are on felony drug offenses. [There's] felony assaults, vehicular homicide and homicide. "I haven't experienced any problems with the men," he said. "We all work together." While city parks and public works employees in Plymouth average $16 an hour, the inmates are paid $1.60 an hour. Plymouth last spring signed a two-year contract to participate in the program, which costs just under $30,000 a year. "At times, these guys are indistinguishable from us," said John Wenner, a city parks worker in Plymouth. "I'm not too sure we want that as city workers. startrihune.com "Some guys don't seem to have a huge problem [with it]. Other guys are uncomfortable," Wenner said of his Metro colleagues. "I've seen the work they do. There's a lot of baby-sitting that goes on." In Plymouth, the inmates have erected playground equipment, painted the ceiling at a new ice arena and cleared timber and brush in parks. "We haven't had any problems out here," said Wes Dunsmore, an Eden Prairie maintenance supervisor. "That's the first thing [people ask], 'What is it, murderers, rapists?' They aren't sending high-risk people out here, or else we wouldn't be participating." 44, Previous * List 12/29/97 8:10:07 AM FAX MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: December 28, 1997 TO: Press FROM: Lt. Saba, Plymouth Police Department SUBJECT: Press Release Regarding Barricaded Suspect: At 8:47 a.m. on Sunday morning, 12/28/97, the Plymouth Police Department received a radio dispatch that there was a man with a gun in the produce section of Rainbow Foods. Rainbow Foods is located in the Rockford Plaza Shopping Center on Rockford Road and Vinewood Lane North in Plymouth. This location is two blocks northeast of Rockford Road and I 494 in Plymouth. The suspect ran out the back of the grocery store into a nearby residential neighborhood. He forced his way into a house that was unoccupied. Officers determined that he was seen with a knife and had unsuccessfully tried to commandeer a vehicle in the Rainbow Foods parking lot before entering the store. A perimeter was established and emergency response personnel were called from Plymouth, Maple Grove and Champlin. Hennepin County Sheriff's Office and Plymouth Fire Dept. provided command vehicle and communications equipment and support personnel. Officers were able to negotiate with the suspect for a period of time. The suspect broke off communications. After a period of over two hours, a decision was made to enter the house. At 5:32 p.m. the same day, the ERU entry team along with Canine Officers arrested the suspect. He was identified as follows: Michael John Walker, DOB 01/27/68 There was an outstanding warrant for Walker's arrest from the Minnesota Correctional Facility at Oak Park Heights. Walker had been committed in 1994 to the MSCF at Stillwater for terroristic threats. He is now being held on probable cause for aggravated assault, burglary, criminal damage to property, attempted car jacking and the outstanding warrant from Oak Park Heights. The investigation continues. Additional information should be available on Monday, 12/29/97. a*^W+�n-- i A! • Planning Tactics report available • Call Community Development at 5095450 _ I • Issues for northwest area Identified • Check the City Web Site at www.ci.plymouth.mn.us {j • Community -wide planning issues • VOW us at AHurlbur0cci.plymouth.mn.us A Newsletter for ANResidents and O west I° sue3 December 31,1997 rpITYC� Planning Tactics report available PLYMOUTH Basic issues and objectives for plan update are identified The first report prepared by Northwest Associated Consultants (NAC) for the Plymouth Comprehensive Plan update is now available. Planning Tactics summarizes the consultant's individual and group interviews with Plymouth's elected and appointed officials and senior staff, and with officials of adjoining and affected units of government. The report identifies the basic issues and objectives that must be addressed by the plan update for the Northwest Plymouth area and for the entire community. In addition to the interviews, the consultants also incorporated input received at the May 14, 1997 forum for Northwest Plymouth residents and landowners. Interviewed for the report were the Mayor and City Council members, Planning Commissioners, Housing and Redevelopment Authority, Park and Recreation Advisory Committee and Environmental Quality Committee. Staff members from all departments were interviewed for their perspectives, as well as officials from the school districts most affected by the plan update (284/Wayzata and 279/Osseo) Contact was also made with neighboring cities—Corcoran, Maple Grove, Medina and Orono– to determine how their planning relates to Plymouth's. Summary of PLANN/NG TACTICS Findings NAC found that City leaders and staff recognize a broad and encompassing list of issues and opportunities which challenge northwest Plymouth and the entire community. While there are strong opinions and a general consensus on what concerns need to be addressed, there is, however a lack of certainty as to what the City's direction should be. They are looking to the comprehensive plan update to show what options are available and what they might mean for the City. They agreed that besides being considered on its own, the northwest area must also be viewed from the perspective of the overall community. Northwest Plymouth Issues Issues are listed in no particular order or priority. Gro-wtb/No Growth—Most interview participants were uncertain of what, if any, growth and development is appropriate for northwest Plymouth. There was a general opinion that while some may likely be acceptable, its extent is open to question. Some commented that if some development takes place it should be phased and managed in an orderly fashion. And preferably, it should extend out from the existing developed areas so that "islands" isolated from the balance of the City are not created Horsing—Comments on housing were wide-ranging. Many believe a diversity of housing options should be made available in the area. A general consensus appears to exist that a continuation and extension of conventional single family development is not preferred Several suggested a "new urbanism" concept in housing. Others stated that at least a portion of the northwest area should remain in large lot "rural" development. The feeling was that Plymouth should offer this housing option, too, and that the northwest area was the only location where such a choice could exist. Commercial/Industrial Uses– No one seems to be looking toward the northwest area for major commercial activity, except perhaps some convenience -type neighborhood shopping. The feasibility of any industrial development in the area was questioned, unless there is an interchange at Schmidt Lake Road and I-494. Public Uses—Participants said that should development take place and public facilities be needed, land needs to be reserved in advance, and joint and cooperative uses of facilities with neighboring cities and school districts should be explored. Environmental Protection/ Amenities—A highly common theme was the protection and preservation of the area's natural features and resources. A greenway paralleling Elm Creek was suggested. The preservation of wetland and tree stands was noted as a critical element. Recreational Facilities—The need for trans for pedestrians and bicyclists was noted, and some thought that a limited set of horse trails might work to preserve the existing and unique rural characteristics of the area. Copies of the complete text of the Planning Tactics report are available from the Community Development Dept. (509-5400) or on the City web site (www.ci.plymouth.mn.us) 2 Northwest Notes December 1997 There is also concern that at least one of the three existing golf courses needs to be preserved. Streets—Whether or not an interchange at Schmidt Lake Road and I-494 is needed is an important issue that needs to be resolved in the plan update. There is concern that development in other areas, notably Maple Grove, will create traffic problems, regardless of the extent of development in the northwest area. Comment was common on problems created by gravel roads in the area of Wayzata High School. Sanitary Sewer—There are a number of known options for serving the northwest area with public sanitary sewer. Part of the area could be serviced with extensions from the south and the east. The proposed Elm Creek Interceptor is also an option. Most of the people interviewed are highly uncertain as to what, if any, options should be pursued. There is also a concern that decisions made now should not limit possibilities in the long range future, as situations and property owner interests may change. There are reservations about the long range viability of individual septic systems. The need to monitor private systems was mentioned, as well as the need for education on the costs of system replacement and environmental and structural damage which could result from failed septic systems. Financial Considerations—A significant number of interviewees commented on the financial implications of possible development in the northwest area. They felt that if development takes place, it should be self-sustaining in terms of taxes generated versus services and facilities provided, and should not be a financial drain on the balance of the City. Most City of Plymouth Community Development Department 3400 Plymouth Blvd. Plymouth, MN 55447 felt that a prime consideration should be on how the area will positively contribute to the financial stability and enhancement of the rest of the City. City Wide Planning Issues In addition to the issues identified for the northwest area, the following issues affecting the entire City of Plymouth were identified for the plan update: Environmental Concerns— Preservation of wetlands, lake water quality and tree preservation are issues for the entire city. Residential Uses—Creating life cycle housing opportunities without sacrificing quality, and dispersing affordable housing throughout the community were identified as issues. Preserving the existing housing stock will be important city-wide. Commercial Activities—Continued development of City Center, increasing the range of retail and services available, and redevelopment of older commercial areas were identified as issues to be addressed. Industrial Development—The dwindling supply of industrial land, and the compatibility of industrial uses with their neighbors are concerns. Land Use Transitions and 7nfrll" Development—Enhancing land use compatibility and establishing orderly transitions between varying activities will be important considerations for new land use policies. Parks/Trails/Recreation— Completing gaps in the trail system, and continuing to maintain the high level of satisfaction with the City's recreational facilities and programs will be the priority. Citizen Participation—The need to involve residents and property owners to the extent possible was a clear mandate. While most recognized that the Plan Update may not resolve all issues to the satisfaction of some, the process needs to be open to insure that all have an opportunity to voice their opinions. Other Issues and Concerns—Public utilities, continued cooperation with school districts, transportation and financial concerns were also mentioned as community -wide issues for the Plan update. What's Next? The next report due in the Plan Update process will be land use options for the northwest area. Public meetings will include a Planning Commission workshop and two open houses to review the options for the Northwest area No dates have been set for these sessions, but we expect them to occur in February. We'll announce the dates and times in the next edition of Northwest Notes. For More Information For more information please contact the Community Development Department at 509-5400. Office hours are 8:00 a.m. to 4:30 p.m., Monday and Wednesday through Friday; 8:00 a.m. to 6:00 p.m. Tuesday. Hsap►p►y New Yestri Northwest Notes/ Mews on Planning for Northwest Plymouth 11/ JU/ 1 `1`1 / IQ: 5J b1 L333Q33 r I MUUV F_ i11. . . _lac vc 1 It's the first anniversary of How To Talk Minnesotan The Musical... and -the show is still a heckuva deal! Come help us celebrate. This is your invitation. We hope you can join us. How To Talk Minnesotan The Musical has been running every week since it opened back in January of 1997. So, we decided to have an anniversary show at Kpm, Sunday, January 18,, 1998, at the Plymouth Playhouse. A reception will follow. It should be fun. Now To Talk Minnesotan The Musical has made lots of people laugh (over 70,000 of them so far). If it's not too much trouble, we'd like you to RSVP by January 12,1998. Dress code is... whatever. No ~d, Mohr & Th& Wholes CAO Let us know by calling 612-333-3302 or fax us at 612-333-4337. Or mail your invitation to: Troupe America, Inc. Hennepin Center for the Arts Room 206 528 Hennepin Ave Minneapolis, MN 55403 Your Name: Your Phone Number: Number Attending: Plymouth Playhouse is located just at the intersection of Hwy SS & 494 In Plymouth. We're under the same roof as the Best Western Kelly Inn and the Green Mill Restaurant. 2408 Annapolis Ln, Plymouth. Hennepin County Board ofCommissioners Hennepin County Government Center 300 South Sixth Street Minneapolis, MN 55487 S44 --i44.: i i �O i ` sZ AL16AY c1 f _ _ USE ZIP The Honorable Joy Tierney Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 III III,,, I,,, I I IIIfill „I I „4,11,,,11,, ,1„1,1 Yo -w ares cor iwwite& . . We hope you can attend the New Year's Resolution kickoff event to keep tobacco out of the hands of children on Monday, Jan. 5, 1998, 10 a.m. at the Hennepin County Government Center. We'd dike to invite you to attend an informal reception with other metro area mayors and your Hennepin County Board of Commissioners immediately following the kickoff event. Mike Opat, 1st District Peter McLaughlin, 4th District Hennepin County $oard Mark Stenglein, 2nd District Mary Tambornino, 6th District Mark Andrew' 3rd District Penny Steele, 7th District Randy Johnson, 5th District, Chair SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 , Telephone (612)553-1144 • FAX (612)553-9326 A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday, January 8, 1998, at 12:45 p.m. at Lancer at Edinburgh, 8700 Edinbrook Crossing, Brooklyn Park, MN. An agenda for that meeting follows: 1. Call to order. 2. Roll call. 3. Minutes of December meeting.* 4. Reports from officers. 5. Approval of claims. 6. Consideration of communications. a. Communications Log.* 7. Water Quality. a. Letter to Met Council re CAMP.* 8. Project Reviews. a. Application form. 9. Wetland Conservation Act. 10. Local Plans. 11. Other Business. a. Education Program. b. Accounting services. 12. Adjournment. * in meeting packet. BROOKLYN CENTER - BROOKLYN PARK - CRYSTAL - MAPLE GROVE - MINNEAPOLIS - NEW HOPE - OSSEO - PLYMOUTH - ROBBINSDALE 5ene e-w'riam, Chair b6anor 6nw X a akrse,, 9ionora7 Co-chair ,%e 2erpich T folk, .7%norxy Co-chair 9mia 7lisse gaulhiu, awalive A"eclor �O. 1r?ox x6532 cSl..Couis ark, c%�innesofa 55416 (612) 381-1261 -74= (612) 377-7942 The Minnesota Environmental Trust Fund Coalition Dno t miss this important kickoff meeting. Senator Roger Moe will be our special guest! Come and bring a Meeting Announcement January 12, 1998 7:00-9:00 p.m. Penthouse Suite, Science Museum St. Paul, MN AGENDA 1. Welcome and Introductions 2. Review minutes of November 4. 3. Organizational Report * Financial Report * Fundraising Report 4. Legislative Report: Special Guest, Senate Majority Leader Roger Moe * Legislative Strategy Report 5. Set next meeting date - Bring your calendars! 6. Adjourn CITY OF PLYMOUTH PLANNING COMMISSION MINUTES DECEMBER 16, 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe, Kim Koehnen, Jeff Thompson (left at 9:55 p.m.) and John Stoebner MEMBERS ABSENT: Commissioners Bob Stein and Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners Kendra Lindahl and Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: Correction to Page #261 - Commissioner Roger Berkowitz to be deleted from "Members Present". Correction to Page #265, Paragraph 7, change "bus" to "but". MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to approve the December 9, 1997 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved unanimously. (Commissioner Stoebner abstained.) 5. CONSENT AGENDA: No Items. 6. PUBLIC HEARINGS: A. EAGLE CREST NORTHWEST, INC. (97089) Chairman Stulberg introduced the request by Eagle Crest Northwest, Inc. for Rezoning from FRD (Future Restricted Development) to RMF -1 (Multiple Family 1), Preliminary Plat and Site Plan to allow construction of a 48 -unit townhome development on a 9.7 acre site located southeast of Fernbrook Lane and 43'd Avenue. Planner Drill gave an overview of the December 10, 1997 staff report. Planning Commission Minutes December 16, 1997 Page #268 Chairman Stulberg introduced Bill Gleason, 3030 Harbor Lane, the petitioner. Mr. Gleason stated that because of the wetlands the majority of the units are set up as ramblers, which are typically purchased by "empty nesters". They anticipate that the two story units would be purchased by mainly young, working couples. Mr. Gleason said that they would have extra ponding for water retention because of the wetlands. Chairman Stulberg introduced John Gleason, 3030 Harbor Lane, the petitioner. Mr. Gleason stated he would be available for questions. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Grant Heino, 4016 Harbor Lane. Mr. Heino stated he is a board member for the Kingsview Heights Homeowners Association, although he does not speak for everyone. He commented that their homeowners association has been involved with community action regarding development of surrounding land. They objected to the Goff Homes development because of the loss of trees and the Fernbrook Townhome project. He asked if the City has released the funds from the financial guarantee since the developer did not put up the brick trim on the Fernbrook Townhome project as indicated in the approved plans. Mr. Heino stated that he wants to ensure that the adjacent properties are built to be architecturally pleasing and fits in with the surrounding neighborhoods. Mr. Heino asked what the distance is of the tree buffer between Fernbrook Lane and the back elevation of the building. Mr. Heino suggested that if there is a change in the scope of the development or developer, the plans be resubmitted for approval and Kingsview Heights neighbors be notified. He said that the City needs to ensure that the elements such as brick and maintenance free exterior siding be installed on the buildings. Chairman Stulberg introduced Scott Nelson of 4170 Empire Lane. Mr. Nelson stated that he is the President of Plymouth Oaks Homeowners Association. He asked if there is an established price range for the proposed homes. He stated he was confused on the elevations that will face the ponds, and asked how the scale of those building heights compare to the single family homes and the setbacks off of the water. Mr. Nelson questioned if the Landscape Plan depicts the significant trees on the site currently, or if it is how the project will look after completion. He asked if the existing oak trees will survive the intensity of the development, and if it will comply with the tree ordinance. Mr. Nelson stated that the City should require mitigation of wetlands off site and place the townhomes closer together, as it has a "donut" affect now. He asked if there is any way the medium quality area can be filled in to push the townhomes away from the single family dwellings. He questioned where the storm sewer water run off will drain. Mr. Nelson asked if there would be any possibility of the future homeowners of the proposed project joining their homeowners association to ensure maintenance of the wetlands. Planning Commission Minutes December 16, 1997 Page #269 Chairman Stulberg introduced Ronn Ponath of 14020 42' Avenue North. Mr. Ponath asked if some of the townhomes will have a much higher elevation in the southeast corner of the site than the other homes, and if it will it cause a problem. Mr. Ponath wanted to why there has to be an emergency trail off of 42' Avenue and Dallas, when there are two entrances off of 43rd Avenue onto the private road. Mr. Ponath stated his concern regarding the removal of trees, and asked what will protect the significant existing trees in the southeast corner of the site. He said that he was told no trees were to be removed until the entire plan had been approved, but there have been trees removed. Chairman Stulberg introduced Ted Smetak of 14010 42' Avenue North. Mr. Smetak stated the decision regarding preserving the wetland may impact the whole development. He said that the wetland is not worth saving. He stated that the City would be requiring a trade off for a wetland that serves no purpose for trees that serve both. He suggested that the Commission have the applicant reconsider moving the townhomes; excavate some of the southeast corner, which would allow the "donut" to close up and create a larger buffer. Chairman Stulberg closed the public hearing. Planner Drill showed the Site Plan and pointed out the landscape buffer between Fernbrook Lane to the back wall of the units, which is over 50 feet. Planner Drill showed the elevation plans again and where the different types of units would be located on the site. Director Hurlburt stated that the tuck -under units would appear as two stories on the back side. Planner Drill explained that if there is a change in the scope of the development, such as density, the proposal would need to come back to the Commission as a new application. He stated that if the applicant were proposing a minor change, such as moving a building over a few feet, it could be approved administratively. Director Hurlburt noted when the City approves a development, it does not approve a developer. She stated that as long as the applicant complies with all City requirements, the City wouldn't dictate who the developer or contractor would be. Planner Drill commented that if the elevation plans indicate maintenance -free siding and brick trim, then that's what staff would expect to see on the building. Chairman Stulberg asked to staff to investigate the Fernbrook Townhome issue raised by Mr. Heino and get back to him with their findings. Planner Drill stated the elevation would be a side view of the rambler from the south wetland. From the southeast corner, it would be a two story elevation. He indicated that the setback buffer is 45 feet from the edge of the wetland to the building on the southern portion of the site. Planning Commission Minutes December 16, 1997 Page #270 Planner Drill stated that the Landscape Plan indicates how the project would look after the project is completed. He said that the plan was reviewed and approved by the City Forester. Planning Supervisor Senness said if the City Forester thinks trees will not survive, staff requires the applicant to revise the plan accordingly. Planner Drill stated that in order to fill the wetland, the applicant would have to show why they need to fill, and then mitigate at a 2:1 ratio. There is a federal law protecting the wetlands. Planning Supervisor Senness commented that staff has to determine whether mitigation can be avoided. If mitigation can be avoided, as shown by this plan, then they have no choice but to protect the wetland. She stated that staff tries to balance trees and wetlands whiles considering each individual case. City Engineer Faulkner commented that it doesn't matter if a wetland is low, medium or high quality, as long as it is designated a wetland, it has to be protected. City Engineer Faulkner stated that according to the Grading Plan, a storm water retention pond will be provided in the southwest corner of the site. Storm water run- off from the streets, drives, and other areas will be routed through this pond prior to discharge into the adjacent wetland. He stated that there would be some run-off from the center of the site, but it would be an insignificant amount that would drain toward the northwest. Planner Drill commented that the emergency access/trail is required by the fire department because a second means of access (for emergency vehicles) is needed for residential development on all roads over 750 feet long. Mr. Gleason stated they anticipate the sale price of the ramblers to be $160,000 to $180,000 or higher, and have not established pricing for the tuck -under homes yet. He stated they would consider the possibility of joining the Plymouth Oaks Homeowners Association with regards to maintenance of the wetlands. Mr. Gleason stated that he was unaware of any removal of trees, but would look into it. He commented that they have not taken possession of the property yet. Planner Drill stated that during a recent site visit, he noticed that a large tree had been cut, but it was hollow on the inside. Planner Drill said the current owner should not be removing any healthy trees since there is a development application for the site. MOTION. by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of an Ordinance amending Chapter 21 of the City Code to classify certain lands located southeast of Fernbrook Lane and 43rd Avenue from FRD (Future Restricted Development) to RMF -1 (Multiple Family 1); Findings of Fact for Rezoning of land located southeast of Fernbrook Lane and 43rd Avenue; and Preliminary Plat and Site Plan for Eagle Crest Northwest, Inc. for property located southeast of Fernbrook Lane and 43' Avenue. Planning Commission Minutes December 16, 1997 Page #271 Commissioner Thompson stated his concurrence with the comments made by Mr. Smetak regarding the wetlands and destruction of trees. He said that the Commission is not the body that can change the state laws; the Commission can only address whether the Preliminary Plat complies with the ordinance standards. Commissioner Koehnen stated her appreciation for the work the neighbors are doing to improve the wetland, and that the new owners of the townhomes will appreciate space between their homes and the wetlands. Roll Call Vote. 5 Ayes. MOTION approved unanimously. B. UNITED PROPERTIES (97160) Chairman Stulberg introduced the request by United Properties for a Preliminary Plat, Site Plan, Conditional Use Permit, and Variance for an office development located at the southeast corner of Fernbrook Lane and 43`d Avenue. Planner Drill gave an overview of the December 10, 1997 staff report. Chairman Stulberg introduced David Thorsen, the petitioner. Mr. Thorsen stated that St. Paul Companies and St. Paul Properties hired United Properties for this project. He said that Goff construction has been selected as the contractor for the project. Mr. Thorsen said that this is the first phase of a two phase project. The intention is to build as soon as possible, and when the market demands, they will build Phase II. Mr. Thorsen commented that they are cognizant that they are cutting down a lot of trees, but they worked with staff for the best solution and mitigation. Mr. Thorsen presented an exterior colored rendering of the building. Chairman Stulberg opened and closed the public hearing as no one present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending approval of a Preliminary Plat, Site Plan, Conditional Use Permit and Variance for United Properties for property located southeast of Fernbrook Lane and 34' Avenue, subject to the conditions listed in the resolutions. Commissioner Thompson noted that, if staff brings forth an amendment to increase compact parking for office developments, he would like to see more up-to-date information pertaining to the percentage of cars sold in the United States that are considered to be small cars. There are many more mini -vans and sport utility vehicles being sold now that could change the figures used two years ago. Roll Call Vote. 4 Ayes. MOTION carried unanimously. (Commissioner Thompson abstained.) Planning Commission Minutes December 16, 1997 Page #272 Chairman Stulberg called a recess at 8:16 p.m. and reconvened the meeting at 8:31 p.m. C. MOEN LEUER CONSTRUCTION (97170) Chairman Stulberg introduced the request by Moen Leuer Construction for a Conditional Use Permit Amendment to allow up to 40 percent of the total building area for assembly, manufacturing and warehousing as accessory uses in the B -C (Business Campus) Zoning District for their office/showroom building to be located north of Highway 55, south of 36' Avenue and east of Rockford Road. Planner Lindahl gave an overview of the December 11, 1997 staff report. Planner Lindahl commented that there was a mistake in the legal notice that was published and the property notice that was sent out, but a revised property notice was sent. She stated that the legal description and map were correct; there was a typo in the general description. Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen presented a proposed layout of the building. He stated that they have a prospective client, MotivAction that would like to go into the building. MotivAction is currently located in Plymouth on Highway 169 and Betty Crocker Dive. MotivAction would have no docks or trucks, but because of current restrictions on the site, Moen Leuer can't sign a lease with them. Commissioner Stoebner asked the applicant what he meant by the project design doesn't work because of the bay depths, referred to in the applicant's narrative. Mr. Moen stated that the proposal was created under the Business Campus guidelines, and the design of the building doesn't make sense for 25 percent limitation. They should have done long, straight buildings, but there is no market for it. Mr. Moen stated that they need flexibility for expansion of accessory use. Commissioner Thompson questioned how the applicant became out of compliance on the fill issue, and asked if they are now in compliance. Mr. Moen explained that he thought he had the permit, but in the approving resolutions from the City, it said that a grading permit would be required. Mr. Moen assumed the contractor checked with the City to see if a permit was needed. He said the permit is with the Engineering Department now for approval. Commissioner Koehnen asked how much of space is office and how much is warehouse on the proposed floor plan the applicant submitted, and if the parking is considered separately. Mr. Moen replied that for this particular tenant,, the warehouse is 23.18 percent and the parking is 7.34 percent. He said the proposed tenant would like more Planning Commission Minutes December 16, 1997 Page #273 space for expansion later. Director Hurlburt said that city staff would interpret that the indoor parking area would not be included in the 25 percent allowed. She stated that -the warehouse is just under 25 percent. Chairman introduced letters from Don Butler of 3640 Black Oaks Lane dated December 8, 1997, Dr. & Mrs. Burton Schwartz of 3650 Black Oaks Lane received December 9, 1997, Jill & Stephen Wolpert of 3625 Zanzibar Lane North dated December 8, 1997, John Casey of 3620 Archer Lane dated December 9, 1997 and Bruce Overlid of 3605 Zanzibar Lane dated December 10, 1997 which were included in the staff report. Chairman Stulberg also introduced a letter dated December 15, 1997 from John & Carol Siefert of 3620 Black Oaks Lane. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Jackie Brenner of 3665 Black Oaks Lane. Ms. Brenner stated she was concerned about safety with only one entrance to the site. She said if you allow 40 percent manufacturing, it could be detrimental to the neighbors. She asked what the procedure is if staff finds out the applicant exceeds the 40 percent. Ms. Brenner asked why she was not notified of the public hearing since she had filled out a blue card at a previous meeting. Chairman Stulberg introduced Don Butler of 3640 Black Oaks Lane. Mr. Butler presented pictures of the area depicting the access and surrounding neighborhood. Mr. Butler stated his main concern is the site only having one access, which causes a problem with traffic and safety. He still questions the legality of the access and who owns the outlot. He commented that they should have the access off of Highway 55. Mr. Butler thought the property should be limited to residential vehicle type traffic until another access is secured. He asked why they are not required to have an emergency access. Mr. Butler commented that he was glad to see the limitation of 40 percent for each tenant in the resolution. He stated he is concerned with what would happen if there was a sale of the building. Mr. Butler presented a letter dated December 16, 1997, from Clark Tyler. Mr. Tyler's letter stated his concern regarding no sidewalks and safety issues from children at bus stops and the amount of traffic this proposal would generate. Mr. Butler asked about the status of the "no parking" issue on 34' Avenue. Mr. Butler questioned why he was told that staff would not be making a recommendation, but rather just passing it along to the City Council. Chairman Stulberg introduced Marlin Sjaarda of 11720 38' Avenue North. Mr. Sjaarda stated he represents MotivAction. He commented that they would like to move their company into a building like this, as it would allow flexibility that their current Planning Commission Minutes December 16, 1997 Page #274 facility does not. He explained that MotivAction is a performance improvement company, which helps clients determine their business needs and come up with incentives and monitor performance. They do not warehouse any catalog items, only process orders. Mr. Sjaarda said there is no warehouse staff, only professional office staff. They put together travel packets, which includes schedules, tickets, and travel wallets. They only receive deliveries from U.P.S. or FedEx trucks. They may have a delivery every two or three weeks from the printer. Mr. Sjaarda stated the would like to have an expansion option of 10,000 square feet for future office use. Commissioner Ribbe asked if their operation is similar to Gage Marketing. Mr. Sjaarda replied negatively, as Gage Marketing deals more with consumer promotions. Chairman Stulberg introduced John Wirig of 3635 Zanzibar Lane. Mr. Wirig stated he is concerned about only one entrance to the property. He said that there is no guarantee if, and when the property to the east will develop for a future entrance. Mr. Wirig said that the Commission should consider an emergency access. Mr. Wirig commented that this particular tenant indicates no truck traffic or bays, but asked about future tenants. Chairman Stulberg introduced Jill Wolpert of 3625 Zanzibar Lane. Ms. Wolpert asked who the residents can trust. She stated that the general description was wrong in the legal notice and the property notice. She said just re -mailing the notice doesn't cover everyone that lives outside 500 feet. Ms. Wolpert stated that staff told her the only thing that has changed is the request to allow up to 40 percent of the gross building floor area for accessory use. She said she was told that staff's recommendation had not changed. Ms. Wolpert asked how conditional use permits are monitored, and how nonconformance issues are addressed. Ms. Wolpert referenced Resolution 97-343 asking how the city can give property to a developer for private use and economical gain. She asked if MotivAction would exceed the 40 percent if they _ expand. Ms. Wolpert wanted to know why a fire lane isn't required on the site.' Ms. Wolpert presented a letter dated December 9, 1997 from Roger Handberg of 3630 Zanzibar Lane. Chairman Stulberg introduced John Dixon 3605 Black Oaks Lane. Mr. Dixon stated his primary concern is safety. Chairman Stulberg closed the public hearing. In response to issues raised, Planner Lindahl stated that the site only has one access over the outlot. The State would not allow access onto Highway 55, and wetlands prevent access off of Rockford Road. A condition of the Site Plan that was approved is that they look into the possibility of securing access over the property to the east. City Engineer Faulkner commented that it is not unusual for developments to go in with Planning Commission Minutes December 16, 1997 Page #275 only one access with the possibility of future accesses. Director Hurlburt stated that the city has not received any current development plans to the east. She said that depending upon what may be proposed for the Harstad property, they may not be able to have access from that site. The only access to that property is off of Vicksburg Lane, and the traffic studies indicate that it may be more dangerous to have added traffic onto Vicksburg Lane. She indicated that there may be a possibility of seeing something proposed for the Harstad property by early spring. Commissioner Thompson asked if the current access is safe, given the assumption for no other access. Director Hurlburt replied affirmatively. Director Hurlburt stated' that staff did discuss emergency access and where they would be responding from. Staff concluded they would be coming from Fire Station III on Dunkirk with 36' Avenue as the most likely route. She said that there are representatives from fire and public safety that reviewed the plans for this project. Planner Lindahl explained that there is a process for any ordinance violation. If there is a violation, staff notifies the property owner in order to obtain compliance. If they refuse to comply, there is legal action that can be taken, but it is a lengthy process. The percentage for accessory use will be monitored through the building permit review for tenant finishes. Director Hurlburt noted that building inspectors would also be reviewing it as they are inspecting the tenant finishes. She stated that if there is a condition for monitoring as part of the Conditional Use Permit, staff would go out and inspect at certain times. Commissioner Thompson asked what would be involved in the annual review of the Conditional Use Permit. Director Hurlburt responded that staff would look at all of the permits that were issued, talk to the owner, and go to the site if needed. Planner Lindahl stated that the issues related to ownership of Outlot B were discussed as part of the Site Plan and are not part of the Conditional Use Permit Amendment. She said that the City Attorney has opined that the City owns Outlot B. Planner Lindahl stated that the sidewalk plan does not show a sidewalk in this area, but the City Council decided that the issue should be addressed when the Sidewalk Plan is updated. Director Hurlburt stated that the City Council did discuss the issue of posting "no parking" signs along 360' Avenue, but some of the residents were concerned that they might be short of guest area parking thus, needing the street for extra parking. The City Council referred the issue to the Public Safety Sub -Committee, and to her knowledge they have not talked about it yet. Mr. Moen commented that his current plan is to build both buildings at the same time to try to minimize the cost and the disruption to the neighborhood. Planning Commission Minutes —, December 16, 1997 , Page #276 Planner Lindahl presented the Landscape Plan that was previously approved. Planner Lindahl commented that when errors are made in notices staff addresses those when they are brought to their attention. She explained that there is no official staff recommendation until the final copy of the staff report is ready for distribution, as information may come in that changes a position. She said that there is no change to the Site Plan or Preliminary Plat as a result of this request. Planner Lindahl stated that no tenant can have more than 40 percent gross floor area for accessory warehouse, assembly, etc. She said that MotivAction intends to build out some office space and use the remainder as warehouse. Commissioner Ribbe commented that the one tangible thing that has changed is there is a proposed tenant, which should answer many of the concerns. He asked if there a method to add to the conditions of the Conditional Use Permit Amendment that relates it to the type of tenant that MotivAction represents. Director Hurlburt replied negatively, as it is too difficult to cast definitions to one use, as you have to encompass a whole district for uses. Commissioner Thompson thanked the neighborhood for using a spokesperson and keeping the comments to a minimum. He said that the City Council didn't agree with the Planning Commission and changed the percentage of accessory manufacturing, assembly and warehouse uses to 40 percent allowed. He stated that in order for the Planning Commission to deny the Conditional Use Permit Amendment, the City would have to prove that the project will negatively impact the neighborhood. Commissioner Thompson stated that he is convinced the safety issue is handled. He said he would like staff to take a serious look at the annual review process if the project is approved so the truck traffic does not become overwhelming. Commissioner Thompson concluded, stating he is in favor of the proposal. Commissioner Koehnen asked if Condition #5 of the resolution is enough to ensure compliance. Director Hurlburt replied affirmatively. The staff has to review all conditions of the Conditional Use Permit Amendment. If staff find that the project doesn't meet the conditions, the City can take action by either revocation or modification of the Conditional Use Permit Amendment. Planning Supervisor Senness added that planning staff reviews all building permit applications for commercial sites. MOTION by Commissioner Ribbe, seconded by Chairman Stulberg recommending approval of a Conditional Use Permit Amendment for Moen Leuer Construction for property located south of 36' Avenue, north of Highway 55 and east of Rockford Road. Commissioner Koehnen commented that she would support the motion, as the concerns have been outlined and she has faith that staff will follow through and check for Planning Commission Minutes December 16, 1997 Page #277 compliance. Commissioner Ribbe stated he would like to be able to separate and identify functions to eliminate heavy truck traffic. Director Hurlburt responded that the commission would need a basis of fact for doing so. Chairman Stulberg stated that if the truck docks are glassed in, it would be hard to conduct a business for manufacturing. Commissioner Stoebner stated that there is no assurance that the developer would do that. Planner Lindahl stated that the applicant has to show they can provide a loading dock for each space - glassing them in is a minor Site Plan Amendment and can be done as part of the building permit. Director Hurlburt commented that there is no assurance that MotivAction will be the tenant for the building. Roll Call Vote. 4 ayes. MOTION approved unanimously. 7. NEW BUSINESS A. COMPREHENSIVE PLAN UPDATE David Licht of Northwest Associated Consultants gave an overview of the Tactics Report. He stated that the Tactics Report is an attempt to set the direction of the Comprehensive Plan. Mr. Licht stated that they are underway with the inventory document to be largely completed by the first of the year. He hopes to have draft planning documents by the first of February, along with schedule of public meetings. Commissioner Stulberg asked for the Commission to be notified as soon as feasible with possible dates for the public meetings. Commissioner Ribbe stated he could not attend the January 6' Planning Commission Meeting. Commissioners Koehnen and Thompson were unsure if they could attend either. MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner to adjourn. Vote. 4 Ayes. MOTION carried unanimously. The meeting was adjourned at 10:23 p.m. SHINGLE CREEK WRTEZSHED MFNFiGEMENT COMMISSION 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 Telephone (612)553-1144 • FAX (612)553-9326 MINUTES November 13, 1997 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chair Maria D'Andrea on Thursday, November 13, 1997, at 12:45 p.m. at Lancer at Edinburgh, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Diane Spector, Brooklyn Center; Kevin Larson, Brooklyn Park; Tom Mathisen, Crystal; Craig Cooper, Minneapolis; Ron Quanbeck, Plymouth; Maria D'Andrea, Robbinsdale; Eric Thompson, Montgomery Watson; Curt Pearson, Kennedy & Graven; and Judie Anderson, Recording Secretary. I. Minutes. Motion by Cooper, second by Mathisen to approve the minutes of the October meeting of the Commission. Motion carried. II. Treasurer's Report. Motion by Spector, second by Mathisen to approve the Treasurer's Report. Motion carried. III. Approval of Claims. Motion by Spector, second by Cooper to approve claims totaling $13,092.73. Claims were approved by roll call vote: ayes - Spector, Larson, Mathisen, Cooper, Quanbeck and D'Andrea; nays - none; absent - Maple Grove, New Hope and Osseo. IV. Correspondence. The Commissioners reviewed the following: A. Communications Log. No action was required. B. 1995 and 1996 Water Year Data Summary, from MNDNR. C. RCM-MPCA Citizen Monitoring Questionnaire. Thompson completed the questionnaire on behalf of the Commission. D. Call for papers, Minnesota Water 198. E. MASWCD Convention Registration. V. Water Quality. Data from the 1997 program is being tabulated and analyzed. VI. Project Reviews. A. SC97-19 Shingle Creek Regional Pond, Brooklyn Center. This is a joint project with the City of Minneapolis and involves construction of additional ponding areas on the Centerbrook Golf Course, storm sewer piping from Brookdale Shopping Mall, and storm sewer to Minneapolis -Shingle Creek Regional Pond for the purpose of creating a regional water quality treatment system for the Brookdale drainage system. This system will allow redevelopment of most of the watershed area (670 acres) without creating onsite ponding for each individual development. A complete project review application was received on November 6, 1997. BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE Minutes November 13, 1997 page 2 a Under the plan, stormwater from Brookdale and the surrounding area will be collected in a series of five ponds which will provide treatment in accordance with NURP guidelines. During high flows stormwater from the ponds, which normally outlets to the Regional Pond located in the City of Minneapolis, will partially divert to Shingle Creek. During these times, flows will still be treated in excess of Commission standards. An erosion control plan has been specified and there will be no floodplain fill associated with the project. The proposed project will fill 12,500 SF of wetland. It is eligible for exemption no. 25 which entitles the applicant to 2000 SF of fill without replacement. At a ratio of 2:1 the remaining .24 acres requires replacement of .48 acres. Construction of the southern cell of the South Pond and East Pond will result in .49 acres of Type III wetland habitat. These two ponds are proposed to fulfill the replacement requirements of WCA. The Commission is the LGU and a complete replacement plan application has been received. Motion by Cooper, second by Mathisen directing the consultant to advise the City of Brooklyn Center that approval of SC97-19 is hereby granted, pending successful completion of the WCA public notification period and receipt in the office of the Commission's engineer of the above -listed items. Motion carried. VII. Other Business. A. Twin Lakes/Ryan Lake Agreement. Pearson reported that the agreement is in the process of execution. Under the terms of the agreement, the Commission's share of remuneration to the City of Robbinsdale is $8,000. Motion by Cooper, second by Quanbeck to pay to the City of Robbinsdale the sum of $8,000 following execution of the agreement by all parties. Motion carried. Funds will be taken from the "Reserve" line item of the Commission's budget. B. Education Mission. Spector and D'Andrea are continuing to gather information with which to develop a draft water quality education program for the Commission's consideration. C. Project Review Application Form. Thompson distributed copies of the revised form. Commissioners are asked to review and comment at the December meeting. There being no further business before the Commission, motion by Mathisen, second by Quanbeck to adjourn. The meeting was adjourned at 1:05 p.m. Respectfully submitted, Judie A. Anderson Recording Secretary JAA:tim The Minnesota Environmental Trust Fund Coalition Gene Merriam, Chair Governor Elmer Andersen, Honorary Co -Chair Sue Perpich Bifulk, Honorary Co -Chair November 4, 1997 Penthouse, Science Museum of Minnesota Welcome and Introductions: Chair Gene Merriam called the meeting to order at 7:20 p.m. He asked everyone to introduce themselves. Mr. Merriam also thanked Patrick Hamilton and the Science Museum for hosting the meeting. Minutes: Mr. Merriam asked if there were any corrections to the May 28, 1997 minutes as distributed. Barbara Toren questioned the statement about giving flowers to Betty Goihl. It was agreed to delete the statement. The minutes will stand with that correction. Organizational Report: Financial Report: Mr. Merriam explained that Ms. Hesse Gauthier, our Executive Director, is not at this meeting because of illness. Copies of the Financial Report were distributed (attached). Fundraising Report: Bill Heaney, Co-chair of the Fundraising Committee, announced that Gary Botzek and the Fish and Wildlife Legislative Association have sent requests for donations to their mailing list. He encouraged other organizations to do the same thing. Mr. Heaney also explained the fundraising strategy that has been developed. Highlights for Coalition members include asking their organizations and supporters to make donations, and to also make in-kind contributions as they are able. He also reported that they are approaching corporations for donations, but they need help finding contacts for various potential donors. If anyone has any names of potential donors, please contact Greta Hesse -Gauthier, Bill Heaney, or Kathy Draeger. Legislative Report: Mr. Merriam explained about some issues that have arisen. He reported that he had been approached about getting involved in the stadium issue, but that he said we wanted no part of that. He communicated to the members of the legislature that the Coalition is made up of a wide range of organizations, and that they are together for one purpose: to pass the re -dedication of the net lottery proceeds to the Environmental Trust Fund. Mr. Merriam was commended for his adroit handling of this issue. Nancy Gibson reported on one possible good thing from the stadium discussion: all legislators now seem to understand that only 40% of the net proceeds go to the Environmental Trust Fund, rather than 50% as many assumed. Nancy Gibson asked if there were any suggestions for passing the bill in the Senate. Some discussion followed on how to get a hearing in Senator Lessard's committee, including how the Senate leadership plans to handle it. Mr. Merriam cautioned that the Senate leadership is currently too involved in the stadium debate to be contacted about this issue now. The position of the constitutional amendment on the ballot was discussed. Craig Johnson urged the Coalation to work to insure that our amendment is first on the ballot. Judy Erickson reported that the Coalition was approached by Mark Dayton to endorse him for Governor. Ray Bohn moved that this Coalition does not endorse any candidates for political office, but that we ask all major candidates to endorse our position. Seconded and approved. The Chair announced that the motion carried and was so ordered. Bob Clouse asked if the Coalation has a web site. Nelson French suggested this would be a good thing for someone to donate. Mr. Clouse offered to include it on his site. It would be important to have the site by the time the brochure is printed. Several members offered to check on possibilities. Any information should be given to Nancy Gibson. Ms. Gibson asked what the level of involvement of the DNR is currently. It was reported that they, and other state agencies, are able to provide information, but not actively participate.''.-� Next Meeting Date: Mr. Merriam announced that Monday January 12, 1998 is scheduled for the next Coalition meeting at 7:00 p.m. Patrick Hamilton will check to see if the Penthouse of the Science Museum of Minnesota is available. Adjournment: Gene Merriam thanked everyone for attending and adjourned the meeting at 8:30 p.m. Minutes submitted by Dorothy Waltz. Registered Attendees November 4. 1997 Trust Fund Coalition meeting Craig Andresen Minnesota Audubon Council Ray Bohn MN Association of Watershed Districts Martin Book MN Conservatiod Officers Association Judy Bellairs Sierra Club Robert Clouse Minneapolis Kathy Draeger Sustainability International Joe Duggan Pheasants Forever Judy Erickson Parks & Trails Council Nelson French Friends of the Minnsota Valley Nancy Gibson Citizen's Advisory Committee, Chair Patrick Hamilton Science Museum of Minnesota Bill Heaney Northern States Power Gabe Horner The Nature Conservancy Craig Johnson Minnesota Center for Environmental Advocacy Gene Merriam Chair Rick Meierotto Parks & Trails Council Lance Ness Fish & Wild Legislative Alliance Cordelia Pierson The Trust for Public Land Barbara Toren Izaak Walton League Dorothy Waltz Minnesota Audubon Council Fred Waltz Saint Paul Audubon Society ETF Coalition -11/4/97 — 2 — h h h h h O1 C- O\ O1 O\ h O\ h h O\ r- a\ a`r- ONa` 00 o, c1 i O, O, ON , , , , - , a\ ' ; _ , O\ ' O\ ' u; , O's , O\ , � O, --- 0� i O\ N N N O 4 ' N N D, N N N h O� N N M O NC� ^' C� .. O' cl, cl, O O O O O O N r N t h h h h h O1 C- O\ O1 O\ h O\ h h O\ r- O\ 00 00 00 C�O\ c1 i O, O, ON , , , , - , a\ ' ; _ , O\ ' O\ ' u; , O's , O\ , � O, --- 0� i O\ N N N O p -- N N N N N h O� N N M O ^' .-. .. O' N 0 0 O t -� N _'_ N N N t r. O� ON O O -- i -- -- i -- i N N N N N N CA 'O a, (2, '� O y^ O C C O*1 cs a1 ON Q1 as ON d1 O*, CN ON ON ON N to kn NN h M h M 4 00 b NA h O - O O O C� C� d O� O� �O h O -- O -- -- -- -- N N N N N N ON h h h h h h h 00 00 00 00 00 00 00 w 00 h h h h h h h h h h h h h h h h h h h h Q, O� O� T O� T T 91 T O� T T C1 T N V1 tn O O Men �O N h O� -� vl r- O .-. .. N N N t t t t r. O� ON O O -- i -- -- i -- i N N N N N N CA 'O a, (2, '� O y^ O C C N cz a x t t t t r. CA 'O '� O y^ O C C d O G O �x �GQGCIxx � � xGOC7x x�C.7�C7W NM d V� �O h 00 O\ O -4N M4 N� h 00 h h h h h h h h 00 00 00 00 00 00 00 w 00 N cz a The Honorable oy Tierney Mayer of Plymouth 3400 Plymouth Blvd. Plymouth, Mn. 55447--1482 Dear Mayor Tierney: As a member of GLDA I wish to respond to both the manor in which it was December 29 , 1997 15815 Gleason Lake Drive Plymouth, NIn. 55447 Re: Council Meeting 12--17-97 Traffic on Gleason Lake Drive with GLDA (Gleason Lake Drive.Association), the contents of the meeting and conducted. Fred floor` gave a fine det--ailE:d report. I saw the report � �n the 16th and disagreed with each of his five c,:,nclusions. Which brings lip my :second poini,. There was r_o time allotted for me to respond. To give my information you did not Have thougi-i I did share the door by door report a` ,o location of children and S`�I2 ori; on this one mile Stretch of dan gorous .road. Dwight Johnson had the infor,,Oat.ion on the 1Eth but did not place it in your }lands Prior to the Council Meeting on the 17th. But in this particular case, your limit of five minutes for those of us from GLDA totally misconstrued the situation to the members of theCouncil as i1 Fred's report was gospel, period, paragraph.. The mechanics of the riiF'eting slanted the whole dialogue to the Stafi side dealing with our problem and so you did riot hear our side. We need to be heard! Not by staff-, but by our elected represcnt,atives. As I told you at that meeting when you graciously gave rile six minutes, our councilman does not answer our phone calls. We would like a meeting- in J-anu ary with yi ,u , Ginny Black, L7udy Johnson, or Christian Preis . Any or all of you. Fred's report can't tell you just liow danger_uS oi_:r road has become. I would like to know hov�, much stats slid the city is receiving for our one mile stretch of road': Could that amount be forfeited for the cause of safety? To get the through trucks off and to reduce the speed limit so the cross walks can be implemented where we say they .should be. Marked by flashing yellow lights on signs which say, GLOW". I heard you talk about education needed in corp -- junction with safe pedestrian crossings implementation. We want you to do something now about it! Not talk about int 1pl-, ---: , ­-..,, . but do it! And on our street now! At least Ginny Blaak-ti.", �,• procured one pedestrian crossing for us at kanchview iri the iassed re2olution involving the stop sign at Niagara, rlcither of which has been installed as of this date. My phone number is 476--8+708. Thank yogi! Sincerely, �w 4 December 29, 1997 Mr. Dwight Johnson City Manager, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Johnson: Fine D«„ t PLYMOUTH Thank you for your letter of December 5, 1997 indicating the support of City staff for our proposal to display artwork in City Hall and for the installation of limited trackwork in selected hallways. To confirm our recent telephone conversation, the Plymouth Fine Arts Council proposal letter dated November 11, 1997 along with the supporting materials (exhibit guidelines, artist agreement/waiver form and local public building survey results) will be distributed along with your letter of December 5, 1997 to the City Council in preparation for their January 7, 1998 meeting. By cover of this letter please find a copy of the survey results from the Primavera event held in April 1997. As we discussed, PFAC would appreciate your adding this additional piece of information to our previously submitted proposal. We value the support and guidance City staff provides to our organization. We look forward to opportunity of contributing ideas to Mary Bisek and Karol Greupner as plans develop for the future Activity Center in Plymouth. Artistically yours, /'2 - Georgann Bestler Wenisch, President Plymouth Fine Arts Council Enclosure cc: Eric Blank (with enclosure) Kathy Lueckert (with enclosure) Karol Greupner (with enclosure) 3400 PL`/MOUTH BOULEVARD PLYMOUTH MINNESOTA SS447-1482 u PRIMA VERA 1997 SUR VEY COMMENTS WHAT DID YOU L= ABOUT THIS EVENT? The desire to attempt an event like this and the fortitude to see its completion with a bright future in view. Congrats Board ! ! Thanks, nice show. Wonderful pictures/art work, a chance to see what locals can do! Variety of talent. Great variety. Good Job! Fresh flowers, good variety of art, refreshments great, music good. Its art about our city and local artists. Nice mix of artists work. Thank you for all the work you have put into this event. It was well displayed with music --delightful. Well organized. I enjoyed the exposure to artwork that would otherwise never be appreciated by the public. Wonderful stuff! Nice presentation and environment. Very enjoyable. The pieces are very well presented and there is a lot of variety in style and mediums. The range from students to adult work. Beautiful- art work. The beautiful pieces of art mingled with the friendliness and the musical contributions. You have a nice collection of art; medium and styles are varied. Some good artwork here. I like that fact that you've given high school artists a place to show their work -- they are our future artists. The idea that Plymouth cares about the "arts" and wants to organize in for the public. The variety. Have it at the Health & Fitness Center. Local artists. The variety of artwork. It was nice to see the student work. The variety of media used in the art. The fact that the high school students' works were displayed also. Well organized, full of life. Nice facility. Beautiful art. I liked the idea of including high school artists in the show. Pleasant surprise! Enjoyed! The comments on the artwork that won awards. Very nice presentation of art. The wide range of arts. Nice to include people from other than the Twin Cities. The variety of work displayed. Well done --appreciate hearing the critiques of the winners by the judges. Keep up the good work. 4§ a Good idea! Nice event! The variety in medium; types of art (e.g. watercolor, pottery, etc.). We enjoyed the artwork, the food, the people watching, the facilities. Great way to spend a Friday evening. Thank you! The quality of the art exhibited was very good. An excellent job was done in the selection. Everything! Great to see local artists work. Nice informal event to stop by at your leisure to view the art. A very wide variety of art forms, mediums, and artist levels. A lovely event --lots of talent, and the Plymouth singers were very enjoyable. A wide assortment of art --different mediums. Entertainment on Saturday was excellent. 0A A nice variety of art pieces. The art display. It was really fun seeing what the other artists submitted! There were a lot of great pieces. Good food too! The music and variety of art. Very nice selection of art, especially for a first year elent. Good lighting. The variety of artists and great helping volunteers. Pictures, food and music. Fun to look at art and listen to music. Variety of artists --high school and elders, known and unknown. I loved the music! Very diverse kinds of art. Wonderful! Nice community building, nicely displayed. is y December 27, 1997 Mr. Rick Kline, Fire Chief City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447-1482 RE: MOEN-LEDER/West Glen Corporate Center Files 97170 and 97012 Dear Mr. Kline: The above referenced proposed business development is located on 36th Street between Vicksburg Ln. and County Road 9, Plymouth. As currently proposed, this site will have two buildings, with 400 parking spaces, and 25% manufacturing space. This would generate some additional truck traffic. On December 16, 1997, at a meeting of the Planning Commission, the developer requested an increase in the amount of manufacturing from 25% to 40%. We believe this would generate even more truck traffic. During the meeting, a question was raised regarding the fact that the proposed development will have only one-ingress/egress point, to be located at 36th and Zanzibar streets. The residents of Zanzibar Lane, who are within 40 feet of the proposed access, visualize a major problem should a fire occur in a manufacturing facility and 400 workers try to vacate at one time, thus blocking the only exit and preventing fire and emergency vehicles from entering the property. It was stated during the meeting on December 16, 1997, that the Fire Chief has approved this project,'as proposed, although all other facilities of this nature have required by law to have more than one entrance/exit for obvious safety reasons. If the zoning ordinance does require buildings of this size to have two points of entry, would like to know, (a) if you have approved of this proposed project having only one point of entry, and (b) upon what basis you based this approval. It should be noted that during the past 18 months, various residents in our town home development of 34 homes have made at least four "911" calls for help that we are personally aware oo�yeral residents are senior citizens and others with heal F.p 151enCs. December 27, 1997 Page Two Fire Chief The congestion that is proposed for this street which borders on both single family residences and town homes, is of grave concern to all of us. We are told that at least 800 csrs a day will use 36th Street, in addition to our own trips, and adding more truck traffic will further congest the street traffic. Fire trucks, or ambulances could experience difficulty in gaining access not only to the proposed buildings but to our homes. We would like you to review this matter and advise us in writing as to why the decision was made to allow this building project to have only one entrance. By copy of this letter to our insurance carrier, we are asking him to also review our insurance coverage under the proposed building. Thank you for your attention tbithis request. Sincerely, SUGAR HILLS TOWN HOME ASSOCIATION B Y : l 21 DONALD BUTLER, Vice -President 3640 Black Oaks Lane North Plymouth, MN. 55446 cc: STATE FARM INSURANCE I ERIC RHODES A December 29, 1997 Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447-1482 -c-� RE: January 21, 1998, City Council Meeting 9'71, MOEN/LEUER CONSTRUCTION PROJECT File 97012 Pronosed easement over Outlot "B" Dear Mayor Tierney: Since the inception of the above project, there has been an issue of the ownership of Outlot "B", which is the only access to the Moen/Leuer property. The issue has been raised at each meeting of both the Planning Commission and the City Council. The answer is always the same, by City personnel stating that they have been advised by the City Attorney that there is no problem as the City owns the land. It is the position of the Sugar Hills Town Home Association, supported by documents recorded, that the issue has not been resolved. Since the meeting on January 21, 1998 is very important to all parties, and the vote is critical, we wish to clarify the issue so that each council member will understand our position. Attached are copies of letters which set forth the facts as we maintain are supported by the records on file. All of the pertinent documentation supporting our contention have been provided to the City Attorney, and additionally copies have been provided to Representative H.Todd Van Dellen. We believe there are a variety of legal issues at stake in this matter, including real estate, civil law, State law and possibly even civil rights, for failure.to grant the residents affected by the transfer of the property, the right to be heard. We would believe it would be in the best interests of everyone concerned to attempt to resolve these issues prior to January 21, 1998, and would be happy to meet with interested parties to attempt to do this. Very truly yours, DONALD BUTLER Vice -President Sugar Hills Town Home Association CC: Harstad: Moen-Leuer: HomeOwners. Land Title File A 6428 (Jon) & File TF52493 September 25, 1997 Office of the Attorney General of the State of Minnesota State Capitol Building St. Paul, Minneapolis 55155 ATTENTION: HUBERT HUMPHREY, ESQ. RE: SUGAR HILLS TOWN HOUSE ASSOCIATION/CITY OF PLYMOUTH Dear Mr. Humphrey: Earlier this year, the president of our town house association directed a letter to your.office regarding a dispute between the City of Plymouth and our members. It was our feeling that the matter could be resolved by your office. Several months elapsed with no response, and we then called your office. We were advised that the attorney general's office did net have jurisdiction in this matter and would not be taking any action. At this time, we would ask that this matter be reviewed one more time, and that a formal response in writing be made to complete our records. we would like to present this matter to our membership for possible referral toa private attorney as soon as possible. Thank you for your kind attention to this matter. Very truly yours, ���7 /_ ,,-� 0 4�� DONALD E. BUTLER, Vice -President Sugar Hills Town House Association 3640 Black Oaks Lane North Plymouth, MN. 55446 April 14, 1997 Attorney General of the State of Minnesota T'~ State Capitol Building St. Paul, Minnesota 55155 SUBJECT: REQUEST FOR DETERMINATION OF POSSIBLE VIOLATION OF THE PROVISIONS OF STATE LAW, SPECIFICALLY: MINNESOTA COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES SECTIONS 515 B.1-101 THROUGH 515 B. 4-118 (The Act) , as amended. Dear Sir: The enclosed information is being submitted for your consideration and advice, to determine if there has been a violation of State Law, and, if so, your assistance in providing a remedy. COMPLAINT: The City of Plymouth obtained a parcel of land from the subdivider, (Harstad, et.al.,) subsequent to the formation of the Community Interest Community No. 696 (known as The Townhomes of Sugar Hills) without benefit of condemnation proceedings and without consideration to the Common Interest Cortununi ty . Further, the parcel'of land, known as "Outlot 'B"' to the subdivision, was obtained by the City of Plymouth for the express purpose of financial gain to the adjacent property owner as a right of way, or access, to his property. STATEMENT OF FACTS IN CHRONOLOGICAL ORDER: 6/1/94 State Law. Minnesota Common Interest Act Amended; applies to all common interest communities created within the State on and after June 1, 1994. Paragraph 515 B. 1-102,'Section (4), and other provisions appear to restrain and restrict the giving of rights of the Association, except as provided under the law. 4/14/97 To: Attorney General Page 2 6/17/94 Community Interest Community No. 696 was recorded as document No. 6302343. This created the Townhomes of Sugar Hills as a common interest community. (Exhibit 1, attached). As part of, and included therein, CIC Plat No. 696 Sugar Hills Third Addition was recorded as document No. 6302342. Specifically, paragraph 6.00 "Boundaries", states..."The unit boundaries shall be the boundary lines as designated on the CIC Plat. (Exhibit 2, attached) Included within the boundaries,•as set forth in the CIC Plat, was a piece of real property designated as "Outlot ' B "' . ISSUES CONCERNING COMMUNITY INTEREST COMMUNITY 696 Written Document and the CIC Plat 696: 1. The CIC Plat as recorded included Outlot 'B' within its boundaries. 2. The written document includes the CIC Plat as the document describing boundaries, but does not specifically state, in writing, "Outlot 'B"'. QUESTION: IS IT NECESSARY FOR THE TWO DOCUMENTS TO BE CONSISTENT, AND IF THEY ARE NOT, WHICH PREVAILS? SINCE THE CIC PLAT WAS THE FIRST DOCUMENT CREATED AND RECORDED, SHOULD IT PREVAIL? During the 1994-1996 periojs,.the subdivider sold 34 of the town - homes, and, as part of the disclosure information distributed to each purchaser, the Community Interest Community Document 696 and a copy of the CIC Plat 696 showing "Outlot 'B" was included in the Association boundaries. (Exhibit 3) NOTE: Initially, each purchaser received a preliminary CIC Plat, which designated the outlot as "A". ' This document was later revised and recorded (Exhibit 1) with "Outlot 'A"' changed to "B". It is our understanding that the laws governing subdivisions require that outlots be identified alphabetically, in sequence. 4/1-4/97 To: Attorney General Paye 3 QUES'T'ION: CAN IT BE ASSUMED THAT OUTLOT 'B' WAS PLANNED TO BE INCLUDED WITHIN THE TOWNHOME ASSOCIATION BOUNDARIES? 7/15/94 Quit Claim Deed was recorded, No. 6308635, (Exhibit 4). Martin Harstad, developer, gave a Quit Claim to Outlot 'B', Sugar Hills Addition, CIC 696 to the City of Plymouth. ISSUES: 1. There was no outlot 'B' to the Sugar Hills Addition. Outlot 'B' was in the Sugar Hills 3rd Addition. 2. The CIC 696 referenced in the description on the Deed was the document that created the Common Interest Community on June 17, 1994. Was "Outlot 'B" therefore, a part of the Common Interest Community? 3. The Townhomes Association was not a party to the trans- action. The individual lots had not been sold at this time, however, since "Outlot 'B" was included in the Plat, the transfer to the City should have been in the name of the Community, not the subdivider as an individual. QUESTION: SINCE THE QUIT CLAIM DEED IN QUESTION WAS ISSUED BY THE SUBDIVIDER AS AN INDIVIDUAL AND NOT THE ASSOCIATION, IS IT INVALID? May 1995 The first lot in the Sugar Hills Townhomes 3rd Addition closed escrow. Lots were sold prior to construction for several months prior to this date. 5/15/96 Quit Claim Deed recorded, No. 6574561, (Exhibit 5), "...correcting Document No. 6308635..•':" The purpose was to correct the description to: "...Sugar Hills 3rd Addition." ISSUES: The same issues are here as are stated with the initial Quit Claim Deed regarding ownership of "Outlot 'B". 3/28/97 The City of Plymouth advised the owners of Townhomes that property located approximately sixty feet south and adjacent to the Townhoke properties was to be rezoned and developed. (Exhibit 6) 4/14/97 ) �' To: Attorney General Page 4 4/4/97 City of Plymouth, Planning and Zoning Application Staff Report issued. (:Exhibit 7) Pages 4 and 5. "Traffic"...references the use of "Outlot 'B"'. QUESTION: CAN IT BE CONCLUDED THAT THE CITY OF PLYMOUTH OBTAINED OUTLOT 'B' FROM THE SUGAR HILLS 3rd ADDITION FOR THE SPECIFIC USE AND FINANCIAL GAIN OF A THIRD PARTY, WITHOUT BENEFIT OF THE CONDEMNATION PROCEDURES OR CONSIDERATION OF THE TOWNHOMES ASSOCIATION? We have provided the City of Plymouth with all of the above documentation, plus oral presentations at the Planning Commission hearing on 4/8/97, however, there has been no satisfactory response to this matter. We respectfully suggest that the following actions would be proper: 1. The City of Plymouth should vacate the Quit Claim Deeds issued to them for "Outlot 'B"; 2. The Community Interest Document 696 and the CIC Plat 696 be corrected to be consistent with respect to "Outlot 'B"; 3. If appropriate, the City be instructed, by the State, to initiate proper proceedings with regard to their need for "Outlot 1B."' and that reasonable consideration be given to the Townhomes Association. Tile following is a list of interested parties to the within matter that are known to the undersigned: MARTIN HARSTAD, subdivider Harstad Homes, Inc. 2195 Silver Lake Road New Brighton, MN., 55112 636-9991 CITY OF PLYMOUTH 3400 Plymouth Blvd., Plymouth, MN. 55447 590-5000 SUGAR HILLS TOWNHOMES ASSOCIATION Terence R. Moriarity, President 3630 Black Oaks Lane No. Plymouth, MN. 55446-2600 509-9181 Donald E. Butler, Vice -President 3640 Black Oaks Lane No. Plymouth, MN. 55446-2600 557-6876 4/14/97 To: Attorney General Page 5 Thank you for your consideration of this matter. Very truly yours, SUGAR HILLS TOWNHOMES ASSOCIATION D Y TERENCE R. MORIARITY, Prbsident DONALD E. SUTLER, Vice -President DEB/hw cc: Roger Knutson, City Attorney With Enc. 0 January 3, 1998 Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447-1482 SUBJECT: January 21, 1998, City Council Meeting Action on file 97012 Moen-Leuer Construction Project Request for 40% Conditional Use for Manufacturing Dear Mayor Tierney: During the past several months, we have been attempting to work with the City to achieve a reasonable resolution to problems we believe will be caused by the above proposed project. The Planning Commission and City Council votes of last summer, for limitations of 25% on Conditional use prior to construction, and the possibility of increasing that percentage on an individual tenant basis, had, we hoped, resolved some of the issues. It is our understanding that the City Council vote last fall to establish 40% or less for accessory conditional use was intended to set limits for individual projects, and not as a signal to open the door for the Moen-Leuer project to increase the previously approved rate of 25%. At the December 16, 1997 meeting of the Planning Commission, it was discovered that both the Planning Department and the Planning Commission were in favor of the increase in use. In fact, Mr. Thompson made the -comment that the City Council apparently did not agree with their previous vote! It became apparent during the meeting on December 16th, that we had not presented sufficient evidence to allow the Planning Commission to vote against the increase in rate. Accordingly, we plan to comply with their request for more specific data and will present that in the form of submittals to all of the City Council members, prior to the meeting on January 21, 1998. It has come to our attention that, subsequent to the earlier City Council meeting and vote on the 25% issue, negative comments were made to council members by some individuals. We cannot control the opinions of individual members, but as a group, we Page 2 1/3/98 To: Mayor Tierney strive to hold to professional standards and have always tried to present our case in a business -like manner. Finally, we would like to renew our request that our association be advised of all meetings held by the City, or any of the City representatives, with regard to this matter. Thank you. Very truly yours, SUGAR HILLS TOWN HOME ASSOCIATION 3640 Black Oaks Lane North Plymouth, MN. 55446 Phone: 612-557-6876 TER NCE MO IARITY, President DONALD E. BUTLER, Vice -President AW6AW 4,1 CHARLES PRESCOTT, Secretary i ICHARD KENNY Treasurer DEBORAH DYBDAHL, ember -C_4a December 30, 1997 Craig Gertes, Public Safety Director City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Mr. Gertes We live at 3640 Black Oaks Lane No., Plymouth. During the past several months, we, along with out neighbors, have witnessed several automobile accidents at the intersections of 36th and County Road 9 and 36th and Vicksburg Lane. We would like to have a letter from you, setting forth the known accidents at the above intersections, during the period of January 1, 1997 to and including December 30, 1997. It would be appreciated if we could have this information at your earliest convenience, and prior to January 7, 1998. If you have any questions, you may contact me at 557-6876. Thank you. Very truly yours, SUGAR HILLS TOWN HOME ASSOCIATION By 7 nald E. Butler, Vice -President 3640 Black Oaks Lan. No. Plymouth, MN. 55446 DEB/mb December 30, 1997 Jerry Chmielewski 12410 26' Avenue North Plymouth, MN 55441 Dear Mr. Chmielewski: a1v OF PLYMOUTFF This letter is in response to your letter dated December 13'h. Jan Olsson was the appraiser at your home on December 19, 1995 and again on May 6, 1997 to do an appraisal and determine your property value. Jan is a resident of Plymouth. She observed the condition of your home and additional physical depreciation was applied when establishing the valuation. If you have any questions about the valuation of your property I would invite you to give our office a call and/or come into our office so you could review the data used to determine your property value. The Local Board of Review is a public meeting and is scheduled to be held on April 8, 1998 in the City Hall Council Chambers at 7:00 P.M. Any 1998 valuation and classification issues will be addressed at that time. Yours truly, 4".0 �' ) ?:! �r Nancy Bye, CAE City Assessor PLYMOUTH :1'Bcuutiluf lare'Iu Live '1A nr. 0I Vn An ITU DrlIII cv1�on - nl \/A Af-II ITf 1 — -- _-- r --nn Jerry Chmielewski 12410 26th Avenue North Plymouth, MN 55441 December 13, 1997 Mayor Joy Tierney Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 5544'1-14 $ � Dear Mayor Tierney: I just received my explanation for the rise in my property value and its sounds like the classical canned pitch. I asked why my property value went up when there is this boom in development and I get an explanation that goes - "This is 31.4 % ($20,100) in ten years or approximately 3% per year. The residential market in Plymouth has been strong and property values are appreciating in value. The average home sales price has increased in value over 31% just since 1991 (six years)." What this tells me is that your assessors (in this case Nancy Bye) takes an average of what homes sell for and figures her increases from that. (1)1 would wager she doesn't even live in Plymouth. She would find more a logical reason like " Your home has been improved ----, not that the homes in a large area have. When did you ever see somebody buy a home for money because the home down five miles away sold for an increase of 31% over the last six years. Did you buy your home in Plymouth because you could expect to pay more every year in property taxes or because my home would increase in value. If you did your reasoning needs to be looked at. (2) Homes are sold for more because taxes stay low and services are good. Plymouth taxes are increasing and the services are substandard. When I moved into Plymouth, it took me five minutes to get to Highway 55 and twenty minutes to get to work. Now I take a longer route to Highway 55 (West Medicine Road has been made into a parkway so going that way takes twenty minutes because of traffic jams at the stop sign by the beach and the light at 55 has always got at least thirty or more cars waiting) where I go west and tum east on 55 for the same twenty minute drive. I prefer not to share my secret route which only takes ten minutes because if city planners got a hold of it they could make improvements that would cost me money and make me look for a route to the north to keep my drive time down. Other improvements like the great community health spa don't make buyers want to buy my home. It might help rent the apartments over by it, but it should be the apartment owner who pays for the increases because he can charge more rent or the person who rents but doesn't pay taxes. (3) As you can tell, I not a big Plymouth City Council fan. I find the Council an f embarrassment to read about, responsive only to those who voted them in and not considerate of all the people. I have lived in Plymouth for seventeen years and never seen a council member come to my home for an opinion on what they're doing or what should be done. I have been to Council meetings, but find the ones in recent years not worth going to because they don't want to hear what the public has to say. Instead, Council members use it as a platform to express their preconceived ideas and agendas to the public that chooses to attend. I do not chose to talk to walls, but people who are considerate of my opinion. I have met Hennepin County office seekers, office seekers for state senate and house, and even met one seeking election to the governor's mansion and U. S. Senate. Of course, they represent the people (all the people) in their district and try to at least make it seem that they care. I'm sure they are other communities where the city government does have concern for how their vote effects all the people or finds a way to pay for projects by taxing those who use the project. I can ramble on for hours about the short sightedness of projects like the world class health spa where no expense is spared, but city planners forget to put in things as simple as street lights because of their need to get more money for their poor planning. Our streets by the city center were a hazard to drive on in the recent fog because city planners didn't have the foresight to install street lights in this area (or are they waiting until everything is finished before tearing it all up). It's a lot easier and cheaper to do things like lights when you're building the road, but doing it a second time will cost more and that seems to be a benefit to securing a position at Plymouth City Hall. Don't do it once when it can be done twice or more. Job securityl Back to my property value increase, my home doesn't even have air conditioning. I know I couldn't sell it for what the city values it at. The reasoning the assessor uses is that the properties on my block all would sell for more, so my home would sell for more. 1 don't have the right to sell all the homes on my block or maybe somebody would buy the cheap one because it was a package deal. Let me list the repairs necessary to my home, and then tell me my value has increased and I could sell it for more than I could last year. 1. Roof in bad need of repair 2. Air conditioning hasn't worked in six or seven years. 3. driveway needs work. 4. Furnace needs improvement because city inspectors didn't do their job when the new fumace was installed. They took the Building permit money, but never inspected the work and now the chimney needs repair because it was done right by the fumace installers. I thought part of the building permit money was for the city inspectors to do their job? 5. Windows need replacing. 6. carpeting needs to be replaced throughout the house (over twenty years old and worn). 7. Basement leaks 8. garage door is out of alignment so automatic garage door doesn't work. 9. front yard so small it hardly useable for anything but a flower bed 10. trees on lot need trimming because of old limbs. 11. etc.,etc. ,etc. Of course, now I can expect the city assessors to come out and condemn the property out of revenge for their exposure of being incompetent assessors. Go ahead, The news channels will have a field day when I call them. I guess what I'm trying to say in a nutshell is, if a person is going to determine my property value, let him or her live in the community so their decisions can affect themselves. They wouldn't be so driven to find more money driving up the taxes of the poor in the community. (Unless that Is what the plan is to do, drive the poor out of the area so only the rich can afford to live here). Closing to see what your response will be. Jerry Chmielewski 12410 26' Avenue North Plymouth, MN 55441 559-5609 16010 5th Ave. N Plymouth, MN 55447 Jan. 1, 1998 -, Dear Friends of the Minn. DNR Luce Line Trail, Please find enclosed copies of articles in the Dec. 31, 1997 "Plymouth Sun Sailor Newspaper". The DNR is requesting public comments on their Draft Plan to upgrade the 20+ year old Luce Line Trail before the DNR plan becomes FINAL. Please read the articles from Barbara Burgum of the DNR and myself. I believe the Luce Line Trail is a very important resource to the west metro area. The Luce Line Trail needs yaur and your friends support. The Luce Line Trail is a STATE trail, not a local trail. The west metro. area should have the right to a first class trail like the Gateway Trail in north St. Paul and the rest of the STATE Trails. The Luce Line is the only DNR trail that is limestone, a I I of the other nine or ten multiple use DNR state trails are asphalt. The Luce Line trail should be the best in the west metro. The Luce Line should be asphalt to allow in-line skaters, wheelchair and bikers other than mountain bikes to share the trail with other users. What I am asking you to do are a) call, write, fax or e-mail your comments to the DNR, b) make copies for your friends and c) interested parties. Mail comments to Barbara Burgum, DNR Trails & Waterways Unit, Box 52, 500 Lafayette Road, St. Paul, MN 55155-4052. Fax to 297-5475, e-mailed to laurie,young@dnr.state.mn.us or telephoned to 296-6693. The 20+ year old Luce Line State Trail is well worth our support for our children and grandchildren. It will be another 20 years before we of the west metro has another chance tell the DNR what we want. The DNR responds to the public they are serving, if you don't comment, the other interests have already made their comments know. Thank you for your help, it is worth a little of your time!! We need to be timely, so do it soon. 4CS,i cerel ours, mond . Jorgensen 473-5539 Comments sought on Luce Line Official deadline for input is Jan. 2 By Sally Thompson Minnesota Sun Publications If you use the Luce Line, you probably have an opinion on how it could be improved. Well, now is the time to express your opinion by telephone, fax, e-mail or letter. Barbara Burgum, a member of the Luce Line State Trail planning team for the Depart- ment of Natural Resources, said the deadline for comments ends on .Ian. 2. But, if you miss the deadline and if you have an opinion, don't hesitate to let the DNR know. While your comments may not be part of the formal paperwork, your views may still help plan- ners as they work on the propos- al, she said. "We want people to comment," Burgum said. Three open house meetings in December -- in Plymouth, Hutchinson and Watertown — gave people a chance to talk about DNR plans for the Luce Line, she said. Only 30 people attended the Dec. 9 meeting in Plymouth, but about 100 people attended each of the other meetings, Burgum said. Because these were open house meetings, not formal hear- ings, Burgum said legal notices to the public were not required. Rather, the department relied on press releases to promote the public planning process, she said. Most of the discussion at the LUCE: To Page 11 PLYMOUTH C/] December 31,1997 �cOpyo O O P�to� r cd C� r=ENCS coo i ,00 04 P, 4U � � c0 P° N �G O M c� Q �,'L2 O 5p CSI ODS ow -da° y U d? a)�r�� 4 Ua .n °; .a z v ° .°�' °y .-o x 0) 4a •oda)0 i Cd W d d A. ya o � o� ° � 0.av~ � C ami Cd M4� a> 54 .ti 0 > •0.0 ° o :3a� o d vo °1o°o 4) bo oti�dGNd G7-.a� dr.03to� —.0 —� C� 00 0- (1) c�°a'yC acv°' aU, 00 wo`�Ca�0 �°ca;vion 4 o �!�bn cc eu,vz 4)0ama =F E- k a3dcC.� cb4 .[ a03.zo a). 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Box 64975 St. Paul, MN 55164-0975 December 31, 1997 Plymouth City Council c/o Ms. Laurie Ahrens, Clerk Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Council Members: 1270044 Plymouth Hennepin County SUBJECT: WARNING: Failure to Meet Bacteriological Monitoring Requirements, Plymouth According to our records, we did not receive the required number of monthly bacteriological water samples for the month of November 1997. United States Environmental Protection Agency (USEPA) rules under 40 CFR 141.21 as implemented by Minnesota Rules 4720.0350, require your system to have 60 water samples analyzed each month. We have only received the results for 59 samples. Please note that all samples must be taken from representative sites on your distribution system. Any two samples taken at the same site at the same time can only count as one sample. Furthermore, raw water samples cannot be used to satisfy the bacteriological monitoring requirements. Your system is ultimately responsible for ensuring that the Minnesota Department of Health (MDH) is receiving a copy of your bacteriological results. Some laboratories do not mail results to the MDH. It is your responsibility to send a copy by the tenth day of the following month, or verify that your laboratory is aware of this policy. If a community repeatedly fails to submit samples, formal enforcement action will be taken by either the USEPA or the MDH, which may include fines. If the required sampling has been done, please notify us immediately and submit a copy of your laboratory results to this department. Any questions can be directed to Pat McKasy at 612/215-0759. RDC: PM: 1mw cc: Water Operator William Anderl. Sincerely. r Richard D. Clark, P.E.. Supervisor. Public Water Supply Unit Section of Drinking Water Protection Metropolitan District Office, St. Paul TDD: (612) 623-5522 (Twin Cities) 1-800-627-3529 (Greater Minnesota) An Equal Opportunity Employer / r -c /I— Minnesota L