HomeMy WebLinkAboutCouncil Information Memorandum 11-06-1998NOVEMBER 69 19900
1. COUNCIL MEETING SCHEDULE:
NOTE: Ward I Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6:00 PM before each
Regular Council meeting.
NOVEMBER 17, 7: 00 PM
NOVEMBER 18, 7: 00 PM
2. MONDAY, NOVEMBER 9, 7: 00 PM
3. TUESDAY, NOVEMBER 10, 7: 00 PM
4. TUESDAY, NOVEMBER 10, 7: 00 PM
5. WEDNESDAY, NOVEMBER 11
6. THURSDAY, NOVEMBER 12
7. THURSDAY, NOVEMBER 19
SPECIAL COUNCIL MEETING,
TOPIC: Plymouth Fire Department; Council
meeting rules and procedures
Council Chambers
REGULAR COUNCIL MEETING,
Council Chambers
YOUTHADVISORY COUNCIL, Medicine Lake
Room
ENVIRONMENTAL QUALITY COMMITTEE,
Hadley Lake Room; agenda is attached (M-3)
PLANNING COM_,WISSION, Council Chambers
Agenda is attached. (M-4)
VETERANS DAY, City offices closed
PRAC, Council Chambers
HRA, Medicine Lake Room
8. November and December calendars are attached. (M-8)
, L
CITY COUNCIL INFORMATION MEMO
NOVEMBER 6, 1998
Page 2
1. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC.
a) Notice to property owners of Proposed 1999 Street Reconstruction, City Project
No. 9001. (1-1a)
b) City news release notifying residents of homestead filing deadline for new
homeowners. (I -1b)
c) November 5 Star Tribune business focus story on the Plymouth branch of the
Franklin National Bank. (I-1 c)
d) Plymouth Department of Public Safety 1998-1998 crime statistical information.
(I -d)
e) Agenda for the November 13 Wayzata/Plymouth Area Chemical Health
Commission meeting. (I -1e)
City news release on the first ever Human Rights Commission–sponsored essay
contest. (I -1J)
g) Association of Metropolitan Municipalities briefing on Hennepin County's
Proposed Tax Abatement Policy. (1--1g)
h) Metropolitan Council request for comments on proposed changes to the Service
Availability Charge program. (I -1h)
i) Minnehaha Creek Watershed District evaluation update from Wayzata Project
Coordinator Terry Schwalbe (I -1i)
2. MINUTES
a) Draft minutes of the October 13, 1998 Planning Commission meeting. (I -2a)
b) Draft minutes of the October 27, 1998 Planning Commission meeting. (I -2b)
c) Wayzata/Plymouth Area Chemical Health Commission October 9 meeting. (1--2c)
d) Draft minutes of the September 8 Environmental Quality Committee meeting.
(I --2d)
e) Draft minutes of the October 13 Environmental Quality Committee meeting.
(I -2e)
3. CITIZEN COMMUNICATIONS POLICY—CORRESPONDENCE
A status report on the most recent correspondence is attached. (1--3)
CITY COUNCIL INFORMATION MEMO Page 3
NOVEMBER 6, 1998
4. CORRESPONDENCE
a) Letter from Campbell Knutson to Dr. Ralph Shapiro, regarding the PUD proposal
for the Association Free Lutheran Bible School. (I --4a)
b) Thank you letter from the Mayor to Paul Vincent for contributions from the
Plymouth Soccer Association. (I --4b)
c) Thank you letter from Richard E. Jostenson of Senator Grams office for allowing
him to speak to the Council at the October 27 meeting. (I -4c)
S. COUNCIL ITEMS
a) Draft agenda for the November 18, 1998 Regular Council meeting. (I -5a)
7:00 P.M. Call to Order
Review of Agenda
Minute Approval
7:10 P.M.
7:15 P.M.
8:00 P.M.
8:05 P.M.
8:15 P.M.
8:30 P.M.
8:45 P.M.
Guest Introduction
1999 Work Plan: Members are to present their Goals & Outlines
Phosphate Free Fertilizer, Median Ordinance & Ban on Phosphate Containing Fertilizers
Members Expiring Terms & Attendance Requirement for the members
Natural Area Study
Staff Report -Noise Ordiance
Next Meeting
Adjourn
Plymouth Water Resource Management Plan Presentation at Planning Commission
NOTE:
• The Planning Commission needs to conduct their regular public hearing on other zoning issue
before discussing the water plan. We will conduct our meeting at our regular time and go up-
stairs when called for (about 8:45 or so).
N:\pw%Engineering\WTRQLTY\Agendas\98\Agmda 78.doe
PLANNING COMMISSION AGENDA
TUESDAY, NOVEMBER 109 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
6. PUBLIC HEARINGS
A. Association Free Lutheran Bible School. Rezoning from RSF-1 (Single Family District
1) to PUD (Planned Unit Development), Preliminary Plat and PUD General Plan for the
property located at 3110 East Medicine Lake Boulevard. (98163)
7. OLD BUSINESS
A. City of Plymouth. Comprehensive Plan Amendment to adopt a Surface Water
Management Plan. (98114)
8. NEW BUSINESS
A. Cancellation of December 22, 1998 Planning Commission Meeting.
9. ADJOURNMENT
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October 30, 1998
«pin*
«name*
«address*
«city*, «state* «zip*
SUBJECT: 1999 STREET RECONSTRUCTION PROJECT
AND DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 9001
Dear ((name*:
The City of Plymouth has received a petition from residents in the Deerwood Lane/Balsam
Lane/Forestview Lane area requesting drainage improvements to address flooding problems. In response
to this petition the City Council has authorized the preparation of a Preliminary Engineering Report. This
report will review the existing features of the area, identify needed improvements and determine estimated
costs and assessments.
Since installation of drainage improvements will require restoration of the street, this area of the City was
reviewed for potential street reconstruction. The City's Pavement Management Program has identified the
streets in this area as candidates for reconstruction. These streets include Deerwood Lane, Balsam Lane,
Forestview Lane, 3rd Avenue and Magnolia Lane. The reconstruction of these streets will be further
evaluated in the Preliminary Engineering Report.
Preparation of the Preliminary Engineering Report will require gathering survey data in the neighborhood
to determine drainage areas, street alignments and the location and elevation of existing features as
necessary. A City survey crew will be in your area during the next few weeks gathering survey data. The
presence of the survey crew does not mean that any improvements will be constructed. This is something
the City Council will determine in the future.
Completion of the Preliminary Engineering Report is the first step in a process that spans several months.
When the report is completed, you will be invited to neighborhood information meetings to share the
results of the report, and to discuss any potential improvements that may be recommended. Following the
information meeting the City Council will hold a public hearing to determine if an improvement project
will proceed. You will receive notice of the public hearing date and location.
If you have any questions please contact me at 509-5538.
Sincerely,
David M. Nummer, P.E.
Civil Engineer
DATEMRSurvey I .doc
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;CITY)coF
PLYMOUTH
FOR IMMEDIATE RELEASE FOR MORE INFORMATION
November 5, 1998 )an Olsson, 509-5355
Homestead Filing Deadline Nears for New Homeowners
An important deadline is approaching for people who have moved into new homes
during the past year. The last day for new owners/occupants to file for homestead status
for taxes payable in 1999 is Dec. 15. To be eligible for homestead status for taxes payable
in 1999, you must have owned and occupied your new home by Dec. 1, 1998.
Homeowners in Minnesota who file for homestead tax credit save a significant
amount in property taxes. Only new owner/occupants must file for homestead.
Homeowners who have filed for homestead previously and have not moved, sold or
rented their residents remain on record as homesteaded.
To file for homestead, homeowners must bring a copy of their warranty deed or
contract for deed and the social security numbers of all owners to the Assessing Division
at their City Hall. The Plymouth City Hall is located at 3400 Plymouth Blvd. Hours are: 8
a.m. - 4:30 p.m. on Mondays, Wednesdays, Thursdays and Fridays, and 8 a.m. - 6 p.m.
on Tuesdays. For more information, call 509-5350.
PLYMOUTH ABeautiJii"P(accToLine
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
1111WAI ri nlvmnnth ^gin iic
It was the first time a bank worked with the city in that way. The homeowners, who were
not Franklin customers, received the grants last month.
"Franklin came in and initiated this," said Ed Goldsmith, supervisor of Plymouth's
Housing and Redevelopment Authority. "Franklin has done a tremendous job working
with us and the Federal Home Loan Bank to see that this assistance is provided with very
little, if any, benefit in it for themselves. They have totally done this as a community
service."
Franklin, based at Franklin and Blaisdell Avs. in Minneapolis, is known as an aggressive
inner-city lender with a reputation for turning urban blight into pockets of urban renewal.
Plymouth is known as a generally well-to-do haven where the average home price is
$200,000 or higher. In contrast the Shenandoah Townhomes by Vicksburg Lane, built in
1971 and 1981, are valued at $60,000 to $98,000. The average income for Shenandoah
owners is $37,000, according to the association president, Bud Greeley.
Daunting project
The owners faced a daunting project when each of the 219 homes in the complex was
assessed $7,299 in fees for re -siding. The total bill is $1.6 million.
Some, such as Mary Naus, a single mother of two, said that without help she would lose
her home. "I would not be able to pay the monthly siding bill," she said.
Goldsmith said the rehabilitation work was badly needed, and a quarter of Shenandoah's
owners needed assistance in paying for it. The Shenandoah Housing Association
approached the city for help.
Franklin applied for a Federal Home Loan Bank grant. The Plymouth Housing and
Redevelopment Authority sponsored that application and provided staff support for the
application.
When tentative approval was given in December, Franklin reviewed and sent in the
individual applications of the 53 homeowners seeking partial grants to cover 30 to 80
percent of the costs of re -siding. Work began in March and is expected to be completed
next year. The Federal Home Loan Bank checks rolled in a few weeks ago.
The Federal Home Loan Bank has provided $8 million in loans and grants to member
banks in Minneapolis and St. Paul since 1990, but this project is its first in Plymouth.
Deferred loans
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Published Thursday, November 5, 1998
.0U .IfIESS_
Bank moves to suburbs but doesn't leave values behind
Dee DePass / Star Tribune
startnbune.com
When Minneapolis-based Franklin National Bank opened its first branch in generally
upscale Plymouth 20 months ago, observers wondered whether the bank was abandoning
MW Business
its usual mission of helping struggling communities.
But thanks to Franklin's membership in a wholesale bank that specializes in economic
development grants and loans, 53 lower-income Plymouth townhouse owners got
$178,000 in grants this year to replace rotting siding.
It was the first time a bank worked with the city in that way. The homeowners, who were
not Franklin customers, received the grants last month.
"Franklin came in and initiated this," said Ed Goldsmith, supervisor of Plymouth's
Housing and Redevelopment Authority. "Franklin has done a tremendous job working
with us and the Federal Home Loan Bank to see that this assistance is provided with very
little, if any, benefit in it for themselves. They have totally done this as a community
service."
Franklin, based at Franklin and Blaisdell Avs. in Minneapolis, is known as an aggressive
inner-city lender with a reputation for turning urban blight into pockets of urban renewal.
Plymouth is known as a generally well-to-do haven where the average home price is
$200,000 or higher. In contrast the Shenandoah Townhomes by Vicksburg Lane, built in
1971 and 1981, are valued at $60,000 to $98,000. The average income for Shenandoah
owners is $37,000, according to the association president, Bud Greeley.
Daunting project
The owners faced a daunting project when each of the 219 homes in the complex was
assessed $7,299 in fees for re -siding. The total bill is $1.6 million.
Some, such as Mary Naus, a single mother of two, said that without help she would lose
her home. "I would not be able to pay the monthly siding bill," she said.
Goldsmith said the rehabilitation work was badly needed, and a quarter of Shenandoah's
owners needed assistance in paying for it. The Shenandoah Housing Association
approached the city for help.
Franklin applied for a Federal Home Loan Bank grant. The Plymouth Housing and
Redevelopment Authority sponsored that application and provided staff support for the
application.
When tentative approval was given in December, Franklin reviewed and sent in the
individual applications of the 53 homeowners seeking partial grants to cover 30 to 80
percent of the costs of re -siding. Work began in March and is expected to be completed
next year. The Federal Home Loan Bank checks rolled in a few weeks ago.
The Federal Home Loan Bank has provided $8 million in loans and grants to member
banks in Minneapolis and St. Paul since 1990, but this project is its first in Plymouth.
Deferred loans
T,_ It
Technically, the grants are deferred loans that are forgiven if the homeowner stays in the
house for five years. Otherwise, 20 percent of the loan will be forgiven for each year of
ownership.
To be eligible for the grants, families with one child had to make less than $32,000 a year.
For Shenandoah owners who were not eligible to receive siding assistance, the city issued
15 -year housing -improvement bonds. The siding fees were added onto the homeowner's
property tax bill.
Franklin National Bank is owned by Franklin Bancorp, a private three -bank holding
company that has $133 million in combined assets and a history of making loans to small
businesses and non -profits in fringe neighborhoods. Owner Bill Reiling demands that all
his officers serve on community boards. Each of the three banks donates 2 percent of
pretax profits to community efforts.
Franklin bought its Plymouth branch from Firstar Bank in February 1996 and shortly
afterward began meeting with city officials to see what kind of development projects they
could work on together, said Plymouth branch President Kris St. Martin. There wasn't
much.
"In Minneapolis there are as many opportunities to do this as your employees have time
for," he said. "In Plymouth there are opportunities, too. You just have to look out for
them."
At the outset, St. Martin predicted that his branch would build at least $3 million to $5
million in loan business and deposits in two years. Small business, home equity and
consumer loans were expected to make up the bulk of loans. The branch has surpassed
those goals. Deposits have grown from nothing to $13 million. Loans hit $11 million this
year.
And now the branch has new fans that could become future customers.
Roxanne Rioux, another single mother in the Shenandoah complex, said she would have
had to take a second job, had it not been for the grant she received through Franklin.
startribune.com She had never heard of Franklin before. Now, she thinks it's "cool."
Wy
Business
O Copyright 1998 Star Tribune. All rights reserved.
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WAYZATA/P LY MOUTH AREA CHEMICAL HEALTH COMMISSION
600 RICE STREET • WAYZATA. MINNESOTA 55391 • 5121473-023-1
Meeting Notice
Friday, November 13, 1998
7:00 A.M.
Wayzata School Administration Bldg.
Conference ROom
210 County Road 101 North
Plymouth, MN
A. Introductions
B. Review and accept/amend minutes
C. Treasurer's Report
D. School Update — Chemical Health Week
E. Policy Discussion
F. Public Safety. Update
G. College Update
H. Wayzata Bay
NEXT MEETING - December 11, 1998
7.00 a.m. at Wayzata School Administration Building
CITY OF
PLYMOUTR
For Immediate Release Contact:
November 5, 1998 Laurie Ahrens, 509-5080
Seventh and eighth graders invited to enter
Human Rights Commission -sponsored essay contest
Students with an interest in human rights and writing should consider entering the
first ever Plymouth Human Rights Commission Essay Contest. The entry deadline is
Dec. 31.
Seventh and eighth grade students living in Plymouth and attending public or private
schools as well as all seventh and eighth graders at Wayzata Middle Schools are eligible
to enter the contest.
Get a copy of contest guidelines and the essay question by calling City Clerk Laurie
Ahrens at 509-5080. Please leave your name, mailing address and phone number.
-30-
PLYMOUTH A Beaut)'ul PCacc To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE(612)5-9-5000
CA
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Nodatio1 of
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TO: Hennepin County City Nlanaaers, Coordinators and Administrators
FROM: Gene Ranieri
REGARDING: Hennepin County Proposed Tax Abatement Policy
October 30, 1998
The Hennepin County Board of Commissioners at its board briefing on October 27,1998 heard a staff
presentation regarding a tax abatement policy. The briefing vas requested by Commissioner Mark
Stenglein whose district includes the city of St. Louis Park. As you may be aware the city may use tax
abatement to assist in the redevelopment of a brownfield site and is requesting Hennepin County to
participate in the abatement of taxes for the site.
The policy as presented by staff (Patrick O'Connor and Jim Ufer) suggests that county -approved
abatements be limited to:
• Brownfield remediation and environmental cleanup.
• Affordable rental housing for low income persons and families.
• County community works within boundaries designated by the county board.
• Underveloped county -owned property.
The policy further suggests criteria to evaluate proposals for economic development purposes. Among the
criteria are the nature of the development, the extent of other public subsidy, the use of tax increment by
the affected city, the number of jobs created and wage level of the project and the impact on county roads,
traffic control, law enforcement, human services and other county budget items. A complete listing of the
criteria is included in the enclosed draft policy.
The board intends to adopt a tax abatement policy by the end of 1998 and hopefully review the St. Louis
Park request within the same time frame. As part of the board member discussion, there was a suggestion
that as a condition for abatement, a city enter into an agreement with the county regarding the city's use
of tax increment financing(TIF). It was also suggested that the county, in lieu of an abatement policy, use
the HRA levy to establish a fund to assist St. Louis Park and similar projects. Throughout the discussion
there were numerous comments regarding TIF. Many of the TIF comments reflected the county's
opposition to TIF. At this time it is not certain if the TIF usage agreement language or similar wording
will be in the final policy.
ANN will continue to monitor the progress of the policy. If you have any comments or suggestions for
the policy, please contact Hennepin County staff person Jerry Pahl at 348-5668 or me at 215-4001. If
there is interest in meeting with county staff to review the draft, please contact me.
1,5 UnF: arsity Avanue ',`/3St
Saint Paul, Nlirnesota 55103-204.1
Telephone: (651) 215-4000
Fax: (651) 281-1299
E-mail: amm@amml45.org
L. I t)c
. �vf 'ftJ r n , r . It
Tax Abatement Authority for New Construction
Board Briefing Summary _ 0 Yr hkoA
October 27, 1998
Issue:
The County Board is authorized under M.S. 469.1812 to 469.1815 to grant abatement of the County
tax levy attributable to new construction, provided the expected benefits to the County equal or exceed
kit, and that this action is in the public interest
the amount of taxes subject to the aba
(i.e., tax base, employment, renew blighted areas, etc.)
Histo
The concept of a tax abatement program to facilitate redevelopment and new development first drew
some county support in the mid -1980's as a replacement program for TIF. Critics of TIF argued that
cities should not be allowed to take tax base away from other taxing districts without their consent.
Those objectives were not attained, but Representative Abrams became the leading proponent in the
Minnesota LegislatWre of the tax abatement
pgram as an alternative to TiF. He liked the increased
accountability provided through tax abatement.
This county authority to grant special tax sbmonthntwas This request from St. Louis Park s penin 1997, but the county iding not
its first abatement request until la
Tax Increment Relationship:has no
Since the TIF subsidy is outside the budgementet Ceo and the m provides he county land s hoof district a much
overview of the TIF districts,. the tax abat P 9
greater role in deciding how public development subsidies are spent. However, ince the program is in
addition to TIF, a brief status report of TIF in the county seems to be appropriate.
Almost $132 million in tax increment will be collected in 1998
axin Hennepin County. An attachment
capac capacity captured by each city. About 8.3
shows the tax increment collections by city a
percent ($98 million of tax capacity) of the county tax base is captured this year, about 8.6 percent will
be captured next year.
tax base has remained
ather level for
Note in the second attachment that the in thetage captured
level trends attributable totwofactors.
several years after significant increases in the 1
which ex erienced a
First, TIF districts are mainly comprised of commercial and industrial property, P
sharp decline in market value in the mid -1990's. nicely in recent
e sat re in market973 d 1998 have value limited the growth in
years but class rate decreases enacted by y
tax capacity in TIF districts for these years.
Policy Considerations:
Hennepin could adopt a policy approving use of this authority on a limited basis for: (1) Brownfield
remediation; (2) low income housing; (3) Hennepino y).communityRT development,rridor
Caps, or limitations, on the total amount f
and (5) Undeveloped County properties (e.g. Arm ry
sults in a shift of tax burden. Some city participation
abatements granted would be desirable, as this re
should be required on a development project.
Other Issues:
(A) Use of this authority, for purposes other than those outlined above, runs county to Hennepin's
policy position on tax increment.
(B) Treatment under levy limits is not clear.
(C) Staffing and in-house expertise would have to be developed.
policyonabatementboardbriefing 102798
POLICY ON TAX ABATEMENTS
for REDEVELOPMENT or DEVELOPMENT PURPOSES
Background. Subject to certain restrictions and limitations, the Hennepin County Board is
authorized by Minnesota Statutes Sections 469.1812 to 469.1815 to grant abatement of the county
tax levy attributable to new construction. The county board must rind that the expected benefits to
the county equal or exceed-the'amount of county taxes subject to the abatement agreement. The
board must also find that the abatement action is in the public interest because the abatement will
meet at least one of the following criteria:
1. increase or preserve tax base
2. provide employment opportunities in the county
3. provide or help acquire or construct public facilities
4. help redevelop -or renew blighted areas, or
5. help provide access to services for county residents
Restrictive Abatement. Although the abatement authority granted by the Legislature is very broad,
the county board will approve abatements only on a restrictive basis per this policy. Accordingly,
the county board will limit tax abatement to the following types of projects:
1. Brownfields remediation and environmental cleanup. For this purpose, the term "brownfielde is
defined as abandoned, idled or under -used industrial or commercial facilities where expansion or
redevelopment is complicated by real or perceived environmental contamination.
2. Affordable rental housing for persons and families of low income. To be considered for tax
abatement, the rental housing project must meet all of the requirements for a low-income
housing credit under section 142(d) of the Internal Revenue Code, regardless of whether the
project actually receives a housing credit.
3. County community works within boundaries designated by the County Board.
4. Underdeveloped Hennepin County owned properties.
Criteria for abatement In considering whether or not the county board should approve.a tax
abatement for a specific project for economic development purposes, the following will be
considered:
1. The extent to which the public interest is served by providing benefits as listed above.
2. The extent to which the new employment opportunities provide benefits and livable wages for
employees.
3. The extent to which the project increases county costs for road construction, traffic control, law
enforcement, human services and other budgetary items.
4. The extent that other local governments support the project, including but not limited to tax
abatement on the subject property.
5. The extent to which other public assistance is provided to the project. State law prohibits tax
abatement under this authority if the property is located in a tax increment financing district. The
county also strongly opposes a tax increment subsidy from other sources.
6. The nature of the new development. The county board will not consider abatement of taxes on
property that will be devoted to retail sales unless such retail activity is less than 15 percent of
the building or facility as determined on the basis of square footage.
7. The extent to which the project will increase or preserve the county tax base, and why.
8. The extent to which the affected city has utilized tax increment financing for redevelopment and
development projects.
Continued...
• • S- k a�
POLICY ON TAX ABATEMENTS for REDEVELOPMENT or DEVELOPMENT PURPOSES
page 2
Application. A written application to the county board should be made to request approval of tax
abatement of the county levy. The application shall ipclude the following:
1. General description of the project, including size and type of building, business type and
expected use.
2. A map or site plan showing the boundary of the project and the property identification number(s)
of the parcels subject to abatement.
3. Statements identifying the public benefits of the proposal, including estimated increase in
property value and tax capacity attributable to new construction and the nature and extent of
new jobs to be created.
4. Statement relating ►o new traffic generated, including par'ring capacity, projected vehicle counts,
traffic flow and pedestrian safety.
5. A statement and documentation that the.subject parcel(s) will not be redeveloped unless the
county tax abatement is provided for the parcel(s).
6. The total amount of tax abatement requested and the amount and duration of the annual
abatement payments.
Limitation on abatement. Statutory abatement authority limits total Hennepin County tax
abatements to five percent of its current tax levy. The Hennepin County Board hereby imposes a
more restrictive limitation, so that the total amount of approved tax abatements in any year shall not
exceed two percent of the county tax levy for that year. In addition, the county board will limit the
total tax abatement for a specific parcel or associated parcels to a maximum of $1,000,000. No
abatement will be paid if the property tax on the parcel is not timely paid.
Bonds. Although the county may issue bonds to fund the approved abatement, the county declines
to issue bonds for this purpose unless the bonds relate to county initiated projects.
(w: PolicyongbatementinUe uofT1 F)
Metropolitan Council
Working for the Region, Planning for the Future
November 2, 1998
Dear City and Township Officials,
;legislators,
Industrial Users:
SUBJECT: Public Meeting on Service Availability Charge (SAC) changes.
The Metropolitan Council would like your input and an opportunity to discuss with you proposed
changes to our Service Availability Charge (SAC) program.
In 1995, the Sewer Rates/Cost Allocation Task Force (an external committee of community and
industrial representatives appointed by the Council) deliberated issues related to sewer rates, the cost
allocation methods used by MCES to charge its customers, and related technical issues. Among the
findings were the identification of an "intergenerational subsidy" resulting from the SAC methodology.
In the fall of 1997, a SAC (specific) Task Force was assigned to find ways to mitigate that subsidy, and
otherwise improve SAC equity and administrative effectiveness. The SAC re-examination process has
led to six recommendations for change which the task force supports to improve the equity and
administrative effectiveness of the SAC system. The recommendations of the SAC Task Force are:
1. SAC to fund growth costs instead of reserve capacity: The most significant change would
require that all future sewer growth projects be paid fully by those added to the system through
the Council's one-time "service availability charge" (SAC). Currently, SAC does not pay the
full cost of growth, and the shortfall is borne by current ratepayers.
It is proposed that SAC revenue and reserve funds pay the full cost of growth immediately upon
implementation. However, the rate increases will be phased in over several years using the SAC
rescrvc funds and collections in excess of plan.
2. Density adjustment: This proposal would split the base fee into four different fees, based on
housing type and lot size (as surrogates of density). Single family homes would pay more than
the base fee and other housing types less. This change was recommended to support the
Council's land use objectives as well as to reflect the increased cost of interceptors in low density
development.
3. SAC Exemption: This would allow an exemption from SAC fees and credits for mature
cities that show no flow increase over several years.
4. SAC strength charges: SAC currently is based entirely on the volume of flow. Some new
industries use sewer capacity in excess for which they pay through volume charges due to their
230 East Fifth Street St. Paul. Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TDD/TTY 291-0904 Metro Info Line 602-1888
�r I
Metropolitan Council
November 2, 1998
Page Two
high strength effluent. This proposal would increase the SAC charge for new uses or new
industries that have high strength discharges.
S. Household Volume assumption: Based on recent studies of actual usage, we are over
estimating the amount of wastewater produced by a typical household and thus charging the new
household more than their share for new capacity. To improve equity between residential and
industrial users, under this proposal, new industries would pay more SAC and new residences
less.
6. Administration of SACProgram: SAC funding of MCES's administrative costs for the
SAC program currently are paid from the Division's general operating fund. This proposal
would require the use of SAC funds to pay for administration of the SAC program.
A full report of the work and recommendations of the SAC Task Force will be available soon. If you
would like a copy, please contact the Data Center at (651) 602-1140.
The public meeting is scheduled to be held on Thursday, November 19, 1998, at 2:30 P.M. at the
Mears Park Centre, 230 East Fifth Street, St. Paul, in the Chambers.
If you have questions or would like to submit written comments, please forward them to Jason Willett,
Principal Financial Analyst, (651) 602-1196.
Si eMy
Jo
nsoin,
Chair
of i
City of Wayzata
�d
't 600 Rice Street East
Wayzata, MN 55391-1799
o-
October 29, 1998
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447-1482
Dear Mr. Johnson:
Mayor:
Barry Petit
Council Members:
Robert Ambrose
Robyn Cook
AnIIIY\% Ilumphre�
Christine A. Nlorri on
CitY .Nlanader:
Allan Or,cn
As you may be aware, at the Mayor's Breakfast held at the Lafayette Club on September
30, 1998, local officials requested that a meeting be scheduled with representatives of the
Minnehaha Creek Watershed District to discuss a possible split of the District, the status
of Rule B, and other concerns which were expressed by city officials, public agencies,
and developers at a meeting hosted by the Minnehaha Creek Watershed District in June
1997.
On October 28, 1998, Mayor Petit of Wayzata, Mayor Karen Anderson of Minnetonka,
and Mayor Steve Finch of Excelsior held a meeting with Manager Pam Blixt, Manager
Malcolm Reed, and Acting Director Pete Cangialosi of the Minnehaha Creek Watershed
District to discuss the aforementioned issues.
The representatives of the MCWD indicated they were not receptive to a possible split of
the District and stated they have been making changes to improve the overall operations
of the organization. Mayor Petit directed Project Coordinator Terry Schwalbe of
Wayzata to update member cities regarding the outcome of the meeting. He also
requested that member cities monitor and evaluate the progress made to the District
operations over the next six -months and indicated that a follow-up letter requesting an
evaluation of the MCWD will be forwarded by April 30, 1999.
Additionally, the MCWD will forward a quarterly budget report (budget vs. actual
expenditures) to all member cities.
The representatives of the MCWD stated it is anticipated revised Rule B will be approved
on November 12, 1998 and agreed to forward a copy of revised Rule B to all members of
the Task Force for review prior to adoption.
Phone: 612-473-0234 Fax: 612-404-5318 e-mail: city(r;wayzata.org home page: www.�Nayzata.org
October 29, 1998
Dwight Johnson
Page 2
If you have any questions, please feel free to contact me at your convenience.
Sincerely,
Trry Schwalbe
Project Coordinator
TS:ss
DRAFT
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
OCTOBER 13,1998
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe,
Kim Koehnen, Bob Stein and John Stoebner (arrived at
7:40 p.m.)
MEMBERS ABSENT: Commissioner Jeff Thompson and Roger Berkowitz
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara
Senness, Planners Shawn Drill, Kendra Lindahl and John
Rask, City Engineer Dan Faulkner, and Clerical Supervisor
Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Ribbe, seconded by Commissioner Stein to approve the
September 22, 1998 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved
unanimously.
5. CONSENT AGENDA:
A. FREDERICK AND ELIZABETH BOSMAN (98165)
MOTION by Commissioner Ribbe, seconded by Commissioner Stein to approve a
Variance for Frederick and Elizabeth Bosman for property located at 14530 14`h Avenue
North. Vote. 4 Ayes. MOTION approved unanimously.
6. PUBLIC HEARINGS:
A. UNITED PROPERTIES (98157)
Chairman Stulberg introduced the request by United Properties for a Site Plan for a
70,000 square foot one story building and a Conditional Use Permit for more than 50
percent office use for Plymouth Business Center Phase VI on the northeast -corner of
Fernbrook Lane and 34`h Avenue.
DRAFT ` 2
.
Planning Commission Minutes
October 13, 1998
Page #214
Planner Rask gave an overview of the October 6, 1998 staff report. Planner Rask
presented a revised resolution and Site Plan.
Commissioner Koehnen commented that the original report said that it would be subject
to the conservation easement and asked how the revised plan differs. Planner Rask stated
that the applicant met with the neighbors, and they wouldn't agree to an encroachment, so
the applicant submitted a revised plan eliminating the encroachment..
Commissioner Stein asked what the exterior trash enclosure would be like. Planner Rask
replied that the trash enclosure would be made of the same material as the building.
Chairman Stulberg introduced John Pope, representing the petitioner. Mr. Pope stated
that there has been some changes to the site plan. The retaining wall and parking spaces
do not encroach the conservation easement. Mr. Pope commented that there will be an
office finish on all four sides of the building with a provision for loading docks in the
back of the building for future use if needed. Mr. Pope said that there will be entry points
along all sides of the building for multi -tenant use. Mr. Pope stated that the building will
be approximately 300 feet from the residential property to the north.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Lowell Turner of 3430 Fembrook Lane. Mr. Turner spoke
about the conservation easement that began with the reguiding when the property was
owned by Trammel Crow. Mr. Turner stated that the proposed trees seem to be
compatible with the conservation area. He was concerned that water would collect in the
conservation easement, damaging the trees. Mr. Turner commented that there is a brush
pile on the site and would like to see it removed. Mr. Turner said he was concerned with
runoff from the parking area into the conservation easement area. Mr. Turner stated he
would like to see the construction area fenced off. Mr. Turner commented that the
proposed roof elevation is about one to two feet higher than his patio. Mr. Turner said he
was concerned with noise and would like to see the rooftop equipment screened. Mr.
Turner said that if his property isn't sold to the St. Paul Companies, he would like to
rezone it back to residential.
Chairman Stulberg closed the public hearing.
City Engineer Faulkner stated that the applicant does have an on-site storm sewer system,
and is putting in a structure on the north side of the property. Jennifer Posma of HTPO,
Inc. representing the applicant, stated that the applicant proposes a two to three foot
retaining wall between the conservation easement draining towards the pavement to be
captured in curb and gutter and transmitted to the storm sewer. She said that the low
DRAFT I _ Z -a„
Planning Commission Minutes
October 13, 1998
Page #215
point of conservation easement can be swaled around and piped into the storm sewer to
be treated. Ms. Posma commented that there will be construction fencing along the
easement.
Planner Rask said that if the brush pile is within the proposed development, it will be
removed.
Mr. Pope commented that the rooftop equipment will not be screened, but will painted to
match the roof and be small and organized. He said that the rooftop equipment will be
over 300 feet from residential property and shouldn't be a factor. Planning Supervisor
Senness stated that if the equipment is less than three feet in height, it is exempt from
screening. Director Hurlburt stated that under the old ordinance rooftop equipment was
required to be screened, which sometimes was more visually offensive than the buffering
or painting. Planner Rask stated that Condition #2 in the approving resolution addresses
the rooftop equipment.
Planner Rask stated that Mr. Turner would have to submit an application to the
Community Development Department if he wishes to pursue a rezoning of his property.
Commissioner Koehnen questioned the noise that would be generated from the rooftop
equipment. Planner Rask stated that he has not experienced any problems with noise
from rooftop equipment. He said that there is a good separation between the residential
uses. Mr. Pope commented that the noise would be similar to a residential air
conditioner.
Commissioner Ribbe asked how many air conditioner units would be installed. Mr. Pope
replied 10 to 12 units.
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of a Site Plan and Conditional use Permit for United Properties for property
located at east of Fernbrook Lane and north of 34`h Avenue North. Roll Call Vote. 4
Ayes. MOTION approved unanimously. (Commissioner Stoebner abstained due to
missing the presentation.)
B. US WEST WIRELESS L.L.C. (98159)
Chairman Stulberg introduced the request by US West Wireless L.L.C. for a Conditional
Use Permit and Site Plan Amendment to allow installation of a 65 -foot high monopole
antenna on property located at 17405 County Road 6.
Planner Drill gave an overview of the October 7, 1998 staff report.
DRAFT
Planning Commission Minutes
October 13, 1998
Page #216
Commissioner Stoebner asked why the proposed monopole is not designed for co -
location. Planner Drill replied that the monopole would include a lighting fixture for the
parking lot. He added that if the monopole was required to be designed for co -location
by another wireless carrier, it would need to be of greater thickness and would need to be
roughly 20-25 feet higher.
Chairman Stulberg asked if the ordinance requires all proposals to provide for more than
one carrier. Planner Rask responded that the City does not want to have single -user type
poles, however, in this case the ordinance takes into account the light standard as a
camouflaging technique. He said that this proposed type of monopole with lighting has
been used quite successfully in other areas such as playgrounds. For this general area,
staff encouraged the applicant to look for a commercial site.
Chairman Stulberg introduced Kenneth Nielsen, the petitioner. Mr. Nielsen presented a
colored rendering of the monopole. Mr. Nielsen stated that the proposed site is to serve a
relatively small area. He said that the proposed pole is co -located with a light standard
and is far less obtrusive to the area. Mr. Nielsen said that they have agreed to go to a
galvanized look and the cylinders containing the antenna array would also be gray.
Chairman Stulberg opened and closed the public hearing as there was no ,one present to
speak on the issue.
MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner
recommending approval of a Conditional Use Permit and Site Plan Amendment to allow
installation of a 65 -foot high monopole and related ground equipment for wireless
communication services at 17405 County Road 6. Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
C. THEODORE W. FLESNER (98162)
Chairman Stulberg introduced the request by Theodore W. Flesner for Rezoning from
FRD (Future Restricted Development) to RSF-2 (Single Family Detached 2), Preliminary
Plat to create two lots, and a Conditional Use Permit to fill a portion of the floodplain at
16220 Old Rockford Road.
Planner Lindahl gave an overview of the October 8, 1998 staff report.
Commissioner Ribbe asked if the excavation will create a pond. Planner Lindahl said
that the excavation will be a continuation of the floodplain elevation, and will require
lowering the grade a little bit. City Engineer Faulkner stated that it will be graded for
flood storage.
DRAFT �— 2,2
Planning Commission Minutes
October 13, 1998
Page #217
Commissioner Stein asked what the depth is of the back yard between the house pad and
the wetland buffer. Planner Lindahl replied approximately 15 feet as show on the plans.
Staff has discussed this with the applicant and has included a condition requiring the
wetland buffer monuments to be placed prior to final grading inspection. Director
Hurlburt stated that it will depend on the house that will be built, and the City has not
received any plans for that yet. She said that whoever buys the property will have to
design the house to fit the lot.
Chairman Stulberg introduced Theodore Flesner, the applicant. Mr. Flesner commented
that he concurs with the staff report. He said that his son occupies the existing house and
would like to subdivide the property. Mr. Flesner asked why they couldn't keep both of
the existing driveways. Planner Lindahl stated that the City's Transportation Plan
identified Old Rockford Road as a major collector street. The plan recommends that
residential driveway access to major collectors be limited to major multiple family
developments. She said that the policy is to close existing driveways when new plats are
created.
Chairman Stulberg asked about the small backyard. Mr. Flesner stated that the property
could support an L-shaped house, or the house could be smaller to allow a bigger back
yard.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Mark Austin of 4315 Weston Lane North. Mr. Austin
stated that he was concerned that the fill would raise the pond causing runoff on his
property. He stated that the staff presentation on the application answered his questions
on this matter. He asked if the applicant is planning to add another lot to build a house in
the future. Planner Lindahl replied affirmatively.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the
City Code to classify certain land located at 16220 Old Rockford Road and Findings of
Fact for Rezoning of the property located at 16220 Old Rockford Road. Roll Call Vote.
5 Ayes. MOTION approved
MOTION by Chairman Stoebner, seconded by Commissioner Koehnen recommending
approval of a Preliminary Plat for Theodore Flesner for property located at 16220 Old
Rockford Road. Roll Call Vote. 5 Ayes. MOTION approved unanimously.
DRAFT
Planning Commission Minutes
October 13, 1998
Page #218
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of a Conditional Use Permit for Theodore Flesner for property
located at 16220 Old Rockford Road. Roll Call Vote. 5 Ayes. MOTION approved
unanimously.
D. GENUINE PARTS COMPANY (98164)
Chairman Stulberg introduced the request by Genuine Parts Company for a Conditional
Use Permit to allow 1,159 square feet of accessory retail sales in the I-1 (Light Industrial)
District for property located at 12840 State Highway 55.
Planner Drill gave an overview of the October 7, 1998 staff report.
Chairman Stulberg introduced John Ranssi, the petitioner. Mr. Ranssi stated that he
concurs with the staff report and is available for questions.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending
approval of the Conditional Use Permit for Genuine Parts Company to allow accessory
enclosed retail activity at 12840 Highway 55. Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
Chairman Stulberg called a recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m.
7. NEW BUSINESS
A. DENNIS BEGIN (98135)
Chairman Stulberg introduced the request by Dennis Begin for a variance from minimum
lot size requirements in the RSF-1 Zoning District and a variance from the maximum
impervious surface area coverage in the Shoreland District for property located at 2675
Medicine Ridge Road.
Planner Lindahl gave an overview of the October 8, 1998 staff report.
Commissioner Stein asked how a "neighborhood" is defined. Planner Lindahl replied
that it is usually the neighboring lots that were platted at the same time. Commissioner
Stein asked why the homes across the street are not considered as part of the
neighborhood. Planner Lindahl responded that those lots were platted much later.
DRAFT Z a
Planning Commission Minutes
October 13, 1998
Page #219
Commissioner Koehnen asked about the response from Tom Hovey of the DNR
pertaining to the request. Planner Lindahl explained that the DNR has no objection to the
proposal, provided that the shoreland ordinance standards are met, but staff finds that the
standards are not met.
Commissioner Stein asked if the applicant had anything to do with the property next to
him where the cabin was torn down and a new house was built. Mr. Begin replied
negatively.
Chairman Stulberg introduced Dennis Begin, the applicant. Mr. Begin stated that he
bought his property before Medicine Ridge Road was constructed. He said that the City
bought part of his property for the construction of Medicine Ridge Road. Mr. Begin
stated that he had house plans drawn up based on the setbacks that were quoted to him,
but at that time, he didn't know anything about the property being in the Shoreland
Management Overlay District.
MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending
approval of a Variance request for Dennis Begin for property located at 2675 Medicine
Ride Road. Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Koehnen, seconded by. Chairman Stulberg recommending
denial of a Variance to increase impervious surface area from 25 percent to 35 percent for
Dennis Begin for property located at 2675 Medicine Ridge Road. Vote. 3 Ayes.
MOTION approved on a 3-2 Vote.
B. DON MYRON (98155)
Chairman Stulberg introduced the request by Don Myron for a variance to encroach 8.8
feet into the required 25 -foot front yard setback, variance to encroach 5 feet into the
required 15 -foot side yard setback and variance for development of a legal,
nonconforming vacant lot for property located at 305 Quantico Lane North.
Planner Lindahl gave an overview of the October 9, 1998 staff report.
Chairman Stulberg introduced Dan Johnson, representing the applicant.
Mr. Johnson stated that the applicant is entitled to have his application processed under
the laws that were in place at the time of the original application. He said that what Mr.
Myron originally asked for was a side yard variance along Quantico Lane. He stated that
the applicant did not submit any new information because the record was complete. Mr.
Johnson said that they thought the item would go directly back to the City Council for a
DRAFT
Planning Commission Minutes
October 13, 1998
Page #220
decision. Mr. Johnson stated that the application meets each of the required standards for
approval of the variance and offered the following for each standard:
Standard #1 (That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a particular hardship to
the owner would result as distinguished from a mere inconvenience, if the strict letter of
the regulations were to be carried out.) — Mr. Johnson stated the hardship is that the
applicant can't build what he wants. He said that the applicant doesn't have to show that
it hurts him, just that he can't build what he wants. Mr. Johnson said that a variance is
not a loop hole, it is so that all properties are treated fairly.
Standard #2 (That the conditions upon which a petition for a variation is based are unique
to the parcel of land for which the variance is sought and are not applicable, generally, to
other property within the same zoning classification.)- Mr. Johnson said that no one
should get a variance if staff's finding is correct. He said that the thing that makes the
parcel unique is that it's small.
Standard #3 (That the purpose of the variation is not based exclusively upon a desire to
increase the value or income potential of the parcel of land.) — Mr. Johnson said that any
time someone buys a house, it is an investment. Mr. Johnson stated that the property is
zoned residential and the applicant wants to build residential.
Standard #4 (That the alleged difficulty or hardship is caused by this Ordinance and has
not been created by any persons presently having an interest in the parcel of land.) — Mr.
Johnson commented that the buyer stands in the shoes of the seller, and has the same
rights. He stated that the applicant is entitled to the same rights as the seller. He said that
the proposal is not a self-created hardship because the applicant hasn't done anything. He
explained that a self-created hardship is when an owner splits a lot and creates two
nonconforming lots. The land was platted in 1914, and the reason it is smaller is because
the City shaved 30 feet off the lot for the road. He said that this lot is part of the plat and
that the neighborhood is the development. He stated that just because a house is closer to
the street, it doesn't make it a blight on the neighborhood.
Standard #5 (That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in which the
parcel of land is located.) — Mr. Johnson said the applicant is not asking to put up a
nuisance, but rather a house which won't be injurious to the neighborhood. He stated that
the zoning ordinance leaves aesthetics out of it. He commented that the proposed house
will be the newest in the neighborhood and possibly the most valuable. He said that the
land was originally platted to be buildable and it isn't now.
DRAFT a
Planning Commission Minutes
October 13, 1998
Page #221
Standard #6 (That the proposed variation will not impair an adequate supply of light and
air to adjacent property, or substantially increase the congestion of the public street, or
increase the danger of fire, or endanger the public safety, or substantially diminish or
impair property values within the neighborhood.) — Mr. Johnson said that staff's only
comment is that it won't look good, which is subjective. Mr. Johnson said the market
place should decide the property values.
Standard #7 (That the requested variance is the minimum action required to eliminate the
hardship.) — Mr. Johnson said that this standard was a change in the ordinance, and they
weren't required to prove that with the first application. Mr. Johnson said that the
Commission can recommend a smaller variance. Mr. Johnson commented that there are
houses along 6`' Avenue that are exactly like the one the applicant intends to build.
Mr. Johnson stated that they feel that the staff has misunderstood its-standards. He said
that the proposed application is an appropriate case to approve a variance. Mr. Johnson
stated that he realizes the applicant has a political background, but they expect fairness be
applied to the standards. Mr. Johnson stated that staff originally recommended approval
of this and the applicant is again asking for approval.
Chairman Stulberg introduced Richard Larson of 15315 31d Avenue North. Mr. Larson
commented that he is concerned with the safety of the children in the neighborhood as the
house would be out further than the other homes in the area.
Chairman Stulberg introduced Charles Carey of 15325 3`d Avenue. Mr. Carey stated that
the residents have been through this application before. He said that it is a classic case of
trying to put a square peg in a round hole. He commented that the proposed house will
stick out like a sore thumb. He said he is concerned with site lines, and the security and
safety of the children in the neighborhood. Mr. Carey said that this proposal is for
personal gain, as the applicant is not going to live in the house, but rather sell it.
Chairman Stulberg asked if Mr. Myron were to live in the house would it change Mr.
Carey's opinion. Mr. Carey replied negatively.
Chairman Stulberg introduced Jim Watts of 315 Quantico Lane North. Mr. Watts stated
that he submitted a letter dated October 13, 1998 which is part of the staff report. Mr.
Watts presented a petition stating opposition to the variance request. Mr. Watts said that
the purpose of the zoning ordinance is to consider the big picture which is the public
welfare, and how the proposal will fit into the overall neighborhood. Mr. Watts said that
when the Commission is asked to waive the standards, it is important to understand what
standards are being waived. Mr. Watts said that the proposal will not improve the
property values. He commented that he didn't think staff interpreted the application
without guidance from the city attorney. He said that he lives in a nice neighborhood
DRAFT
Planning Commission Minutes 2 �'
October 13, 1998
Page #222
which is not crowded and doesn't want a large house on a small lot so they can turn
around and sell it for a profit. Mr. Watts asked where the back yard would be for children
to play.
Chairman Stulberg introduced Don Myron, the applicant. Mr. Myron stated that the
neighbors are upset because this is the last lot in the neighborhood, and they don't want
anything built. Mr. Myron said that property value concerns are emotional claims. Mr.
Myron said that he has participated in the development of other areas, and the
development he has been involved with is always far above the code. Mr. Myron stated
that unless you know what is going to be built and the quality of it, there is no way
anyone could say how it could impact the property values. Mr. Myron said that the
neighborhood's property values will be enhanced if the proposal is approved. Mr. Myron
stated that there will be lots of room for children to play in the lot.
Commissioner Stoebner asked the applicant what the purpose of the variance is. Mr.
Myron stated that you can get many interpretation of the ordinance depending on who
you talk to. Mr. Myron commented that he believes the variance is a scapegoat. He
stated that when an ordinance is passed, it is because of specific reasons and it is to be
applicable to everything in that municipality. He said that the council needs something
for latitude for properties that just don't fit in the ordinance guidelines. He said that no
house in the Parkers Lake subdivision could be built without variances.
Mr. Johnson stated that the proposal is not exclusively for profit. He said that a variance
process is for a request that the ordinance assumes won't be favorable, such as adding a
swimming pool. Mr. Johnson said that developing property is a permitted purpose and
the applicant doesn't have use of the property now.
Chairman Stulberg stated that the Commission's role is to uphold the ordinance, and it
has nothing to do with political issues. He noted that the reason the Commission is
involved is that applicant is requesting variances on the property.
Chairman Stulberg asked if the side yard and front yard setbacks were the same in the
zoning ordinance that was in affect in 1995. Planner Lindahl replied affirmatively.
Commissioner Stoebner asked if all the lots in the neighborhood would need a variance.
Planner Lindahl replied that most lots could be built with an administrative permit for lot
area and lot width within 70 percent of the district requirements. She commented that the
subject lot has a lot area within 50 percent and lot width within 47 percent of the
minimum requirements. Chairman Stulberg commented that it is roughly 30 percent
short for an administrative permit.
DRAFT � 2
Planning Commission Minutes 2
October 13, 1998
Page #223
MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending
denial of variance request for Don Myron for property located at 305 Quantico Lane
North, subject to findings of fact.
Commissioner Ribbe stated that the purpose of the ordinance is to define consistency and
permit the continuance of the character of the neighborhood. He said that it is not
incumbent on the City to permit building on every lot of every dimension. He said that
the application clearly does not meet the intent of the ordinance or the standards for a
variance.
Vote. 5 Ayes. MOTION approved unanimously.
C. RECOMMENDATION TO CITY COUNCIL FOR CONTINUED
PARTICIPATION IN THE METROPOLITAN LIVABLE COMMUNITIES
ACT PROGRAMS FOR 1999
Director Hurlburt gave an overview of the October 1, 1998 staff report.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen to recommend
continued participation in programs established under the Metropolitan Livable
Communities Act for 1999. Vote. 5 Ayes. MOTION approved unanimously.
8. OTHER BUSINESS
Commissioner Ribbe commented that he would like additional time to review the bible
school application. Director Hurlburt stated that staff could provide the information that
was submitted as part of the application prior to the staff report.
Chairman Stulberg, Commissioners Koehnen and Ribbe stated that they wouldn't be able
to attend the Planning Commission Meeting on October 27`h. Clerical Supervisor Hutt is
to check with Commissioner Thompson to ensure a quorum for the meeting.
Commissioner Koehnen stated she may not be able to attend the November 10`h Planning
Commission Meeting.
MOTION by Commissioner Stoebner, seconded by Commissioner Stein to adjourn.
Vote. 5 Ayes. The meeting was adjourned at 9:45 p.m.
DRAFT
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
OCTOBER 27,1998
MEMBERS PRESENT: Acting Chairman John Stoebner, Commissioners Bob
Stein, Jeff Thompson, and Roger Berkowitz
MEMBERS ABSENT: Chairman Mike Stulberg, Commissioners Kim Koehnen
and Allen Ribbe
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara
Senness, Planners Shawn Drill and John Rask, City
Engineer Dan Faulkner and Clerical Supervisor Denise
Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES: No Minutes.
5. CONSENT AGENDA:
A. LSA DESIGN, INC. (98180)
MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz for a
Site Plan Amendment to allow construction of a 30 -foot by 30 -foot deck structure with
trellis to be used as an outdoor learning center at Gleason Lake Elementary School, 310
County Road 101. Vote. 4 Ayes. MOTION approved unanimously.
6. PUBLIC HEARINGS:
A. CITY OF PLYMOUTH (98094)
Acting Chairman Stoebner introduced the request by the City of Plymouth for a proposed
ordinance providing for the elimination and prevention of prohibited noise and imposing
penalties for violation.
Planning Supervisor Senness gave an overview of the October 19, 1998 staff report.
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Planning Commission Minutes
October 27, 1998
Page #225
Commissioner Thompson asked if cars that have loud stereos would be covered under
Section 2025.17 Enforcement Subd. 3 Criminal Penalties. He asked if the fine would be
$200.00 or $700.00 fine. Planning Supervisor Senness stated car stereos would be
covered, but staff would need to clarify the amount of the fine. Commissioner Thompson
said it is probably a $200.00 fine for noise from cars such as a muffler, and a $700.00 fine
for amplification of car stereos. Director Hurlburt commented that the penalties are
mandated by the State, but staff could investigate the matter.
Commissioner Berkowitz asked if a barking dog falls under impulse noise, and if there
was any thought to changing a "one block distance" to a specific distance in Subd. 8(a)
under Animals. Planning Supervisor Senness replied that the draft ordinance gives
specific standards for a barking dog. Director Hurlburt said that it would be a good idea
to substitute a distance for one block, probably in range of 500 to 700 feet. Planner Drill
stated that a typical block is 660 feet.
Commissioner Berkowitz asked if someone using a snowblower on their driveway is
included in Section 2025.05 Subd. 2. Commissioner Stoebner commented that it would
be exempt. Planning Supervisor Senness agreed, adding that snow removal or equipment
are exempt.
Commissioner Berkowitz asked if Table 1 is referring to the receiver of the noise.
Planning Supervisor Senness answered affirmatively.
Commissioner Stein asked if refuse hauling includes the recycling trucks. Planning
Supervisor Senness replied affirmatively.
Commissioner Stein asked if trains are included anywhere in the ordinance. Planning
Supervisor Senness responded that trains can't be regulated.
Commissioner Stein asked what a recycling refrigerator truck would constitute. Planning
Supervisor Senness said that it would be a noise for just a couple of seconds, so it
wouldn't be regulated in the ordinance. Commissioner Stein asked if impulse noise can
be defined. Director Hurlburt stated that it would be covered by the L10 and L50
definitions. She said that if the noise is happening less than 10 percent of the time for a
one-hour period it can't exceed the standard. Planning Supervisor Senness said that staff
may want to check this out and there is a specific definition that could be used.
Commissioner Stein stated that he perhaps phonographs should be deleted from Section
2025.03 Sudb. 6, as he doesn't know of anyone that still has a phonograph.
Commissioner Thompson suggested that compact discs and boomboxes be listed.
Director Hurlburt commented that it is the speakers that generate the noise.
DRAFT �� Z
Planning Commission Minutes
October 27, 1998
Page #226
Commissioner Thompson asked if it is precluded by State law to change the nighttime
prohibition hours to 9:00 p.m. to 7:00 a.m. Planning Supervisor Senness explained that
the hours can be changed, but there was a fair amount of discussion from the group and it
was decided to leave it with the 10:00 p.m. to 7:00 a.m.
Acting Chairman Stoebner asked how much success Bloomington has had with the
ordinance since it was modeled after their ordinance. Planning Supervisor Senness
commented that they had an active enforcement program because they were encountering
noise problems at the time the ordinance went into effect. Commissioner Stoebner asked
if the ordinance has been litigated by businesses. Planning Supervisor Senness replied
that staff isn't aware of that happening, but it can be checked.
Acting Chairman Stoebner opened the public hearing.
Acting Chairman Stoebner introduced a letter dated October 27, 1998 from Terrie
Christian supporting the noise ordinance.
Acting Chairman Stoebner introduced Bridget Jodell of 10100 South Shore Drive. Ms.
Jodell stated that she supports the noise ordinance, but is still concerned with the heating
and cooling of trucks which is a big problem in their neighborhood. She said that
charging a major industry a $200.00 fine isn't going to make an impact. She said that she
would like to see a stronger enforcement in place. She said that she wants to see heating
and cooling trucks included in the ordinance.
Acting Chairman Stoebner introduced Don Smith of 1000 South Shore Drive. Mr. Smith
stated that he is concerned with the noise that is generated from the refrigeration units on
trucks, and wanted the Commission to think about their problem.
Acting Chairman Stoebner closed the public hearing.
Acting Chairman Stoebner asked if cooling systems on trucks are intended to be covered.
Director Hurlburt replied that it would be covered under Section 2025.07 - any source of
noise exceeding the limits of the table are subject to the decibel levels. Planning
Supervisor Senness added that it also ties in with Section 2025.03 Subd. 1.
Commissioner Stein asked if an idling vehicle could be added to Section 2025.03 Subd.
5. Director Hurlburt said that it would be like mixing applies and oranges.
Commissioner Berkowitz asked if the word "idling" could be added. Planning
Supervisor Senness said that staff can look at that.
Acting Chairman Stoebner wondered if the enforcement provisions are strong enough and
if there is there any mechanism for repeat offenders. Planning Supervisor Senness said
'ZPlaDRAFT 1,2-
Planning
nning Commission Minutes
October 27, 1998
Page #227
that repeat offenders would be turned over to the city attorney. Acting Chairman
Stoebner asked if there is anything besides a fine that would make businesses comply.
Commissioner Thompson pointed out one of the criminal penalties is 90 days in jail.
Planning Supervisor Senness said that the city can't increase the fees, as they are set by
the state, and the decibel level can't be more stringent than they are currently.
MOTION by Commissioner Thompson, seconded by Acting Chairman Stoebner to
recommend approval of an Ordinance amending Chapter 20 of the Plymouth City Code
relating to noise, providing for the elimination and prevention of prohibited noise and
imposing penalties for violation.
MOTION to Amend by Commissioner Thompson to recommend that the nighttime
prohibition hours be changed to 9:00 p.m. to 7:00 a.m.
Commissioner Stoebner asked what the reasoning was for the 10:00 p.m. to 7:00 a.m.
Planning Supervisor Senness explained that people are familiar with those hours.
Director Hurlburt noted that it is a year-round ordinance, and in the summer time there is
more activity outdoors until almost 10:00 p.m. She said that the city typically received
complaints for various activities after 10:00 p.m. or 11:00 p.m.
Amendment died for lack of a second.
Roll Call Vote. 4 Ayes. MOTION approved unanimously.
B. HOLIDAY COMPANIES (98166)
Acting Chairman Stoebner introduced the request by Holiday Companies for a
Conditional Use Permit and Site Plan Amendment to remodel the existing building and
add a car wash to property located at 10100 Rockford Road.
Planner Rask gave an overview of the October 22, 1998 staff report.
Commissioner Berkowitz asked where the drains discharge to and if a sediment trap is
required. City Engineer Faulkner said that there probably is a sediment trap.
Commissioner Berkowitz asked if by reducing the parking spots by two feet, if the area
behind the parking would be reduced. Planner Rask stated that the area would be
reduced, but that the ordinance allows the overhang of bumpers.
Commissioner Stein asked if something can be done about the north entrance of the site.
Director Hurlburt said that other than redoing the whole site, there is not much that can be
DRAFT y Z�
Planning Commission Minutes
October 27, 1998
Page #228
done about it. City Engineer Faulkner stated that an analysis is being done right now for
the City Council for improving traffic movement in that area. Director Hurlburt said that
the analysis would be for the public streets. City Engineer Faulkner stated that it doesn't
prohibit combining entrances.
Commissioner Berkowitz asked if the proposal would add vehicle traffic to the site.
Planner Rask deferred the question to the applicant.
Acting Chairman Stoebner introduced Mark Nelson, the petitioner. Mr. Nelson
commented that the proposed application is for a major remodeling of the station itself
and in addition to that project is the addition of the car wash. He said that the car wash
does go into the storm sewer through the catch basin which does require maintenance.
Mr. Nelson said that business has slowed since they opened their new store on Schmidt
Lake Road and they hope these changes will increase business, thus bringing more traffic
to the site. Mr. Nelson stated that he concurs with the staff report.
Commissioner Berkowitz asked the applicant if he agreed with the size of the parking
spaces. Mr. Nelson replied that the spaces are fine.
Acting Chairman Stoebner opened and closed the public hearing as there was no one
present to speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Stein to recommend
approval of a Site Plan Amendment and Conditional Use Permits for Holiday Station
Stores located at 10100 Rockford Road.
MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Stein to
delete Condition #5.
Commissioner Berkowitz stated that he would rather see the additional two feet behind
the parking spaces to be used as drive space for the safety of maneuvering of vehicles.
Commissioner Berkowitz asked if the petitioner would be okay with the change. Mr.
Nelson replied affirmatively.
Commissioner Thompson asked why 9 feet instead of 11 feet. Planner Rask replied that
it is a way to increase the setback and move closer to what is required. Planning
Supervisor Senness said that it is very commonly done when there is an overhang.
Acting Chairman Stoebner asked by voting in favor of the motion does it increase the
impervious surface. Planning Supervisor Senness replied affirmatively. Commissioner
DRAFT
Planning Commission Minutes
October 27, 1998
Page #229
Thompson said he would not support the motion. Commissioner Stoebner stated he
wouldn't support the motion because it would increase the impervious surface.
Roll Call Vote on MOTION to Amend. 1 Aye. MOTION failed on a 1-3 Vote.
(Commissioners Stein and Thompson and Acting Chairman Stoebner voted Nay.)
Roll Call Vote on Main MOTION. 4 Ayes. MOTION approved unanimously.
C. RUMMIE CONSTRUCTION (98168)
Acting Chairman Stoebner introduced the request by Rummie Construction for a
Conditional Use Permit to move a home onto property located at 9540 17'hAvenue North.
Planner Rask gave an overview of the October 22, 1998 staff report.
Commissioner Thompson asked what would happen if the applicant doesn't perform all
the necessary repairs. Planner Rask stated that the letter of credit that is being required
would be of a sufficient amount to hire someone else to perform any outstanding repairs.
Acting Chairman Stoebner introduced Joe Slavek, the petitioner. Mr. Slavek said that he
purchased the house in Robbinsdale with the intent to move it to the proposed location.
He stated that he concurs with the staff report.
Acting Chairman Stoebner opened and closed the public hearing as there was no one
present to speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz
recommending approval of a Conditional Use Permit for Rummie Construction to
relocate a single family home onto property located at 9540 17`h Avenue North.
Commissioner Stein commented that the requirements of a letter of credit and the siding
and exterior finishes be compatible with the neighborhood seem unusual. Planner Rask
stated that the city doesn't see a lot of these type of applications, and it is the first one
under the new ordinance. The conditions are to ensure that the repairs are completed and
that the home is compatible with the neighborhood. Relocated homes often have major
code deficiencies and can become a public safety issue. Additionally, the letter of credit
is a mechanism to ensure that improvements are done in a timely manner.
Thompson commends staff for the work that they did on this for the letter of credit and
repairs.
Roll Call Vote. 4 Ayes. MOTION approved unanimously.
DRAFT �� b
Planning Commission Minutes r
October 27, 1998
Page #230
D. UNITED PROPERTIES (98169)
Acting Chairman Stoebner introduced the request by United Properties for a Site Plan and
Conditional Use Permit for Plymouth Woods Office Center Phase II, a three-story,
89,154 square foot office building located southeast of Fernbrook Lane and 34`h Avenue
North.
Planner Drill gave an overview of the October 21, 1998.
Commissioner Berkowitz asked if the sidewalk along Fernbrook Lane will connect with
anything to the south. Planner Drill replied affirmatively.
Acting Chairman Stoebner introduced Edward Farr, the applicant. Mr. Farr presented a
colored rendering and site plan of the proposed project. He said that he concurs with the
staff report.
Acting Chairman Stoebner opened and closed the public hearing as there was no one
present to speak on the issue.
MOTION by Commissioner Thompson seconded by Commissioner Berkowitz
recommending approval of a Site Plan and Conditional Use Permit for United Properties
for property located southeast of Fernbrook Lane and 34`' Avenue North. Roll Call Vote.
4 Ayes. MOTION approved unanimously.
E. ANGENO'S PASTA & PIZZA (98175)
Acting Chairman Stoebner introduced the request by Angeno's Pasta & Pizza for
Conditional Use Permits for a sit-down restaurant with wine and beer at the Plymouth
Hills Shopping Center located at the southwest corner of 34`h Avenue North and
Plymouth Boulevard.
Planner Rask gave an overview of the October 20, 1998 staff report.
Commissioner Berkowitz asked if the restaurant plans to offer a delivery service and if so
would it impact the findings of the report. Planner Rask said it would not impact the
report.
Acting Chairman Stoebner introduced John Mooney, the applicant. Mr. Mooney stated
that he concurs with the staff report. He said that they do have a delivery service which
constitutes about 10 percent of their business.' He stated that they have been in business
for 18 years in Maple Grove and Brooklyn Park. Mr. Farr asked if it would be possible to
DRAFT �Ovo
Planning Commission Minutes
October 27, 1998
Page #231
get his application on the November 4 City Council Agenda. Director Hurlburt replied
that the applicant should contact Planner Rask to see if that's a possibility.
Acting Chairman Stoebner opened and closed the public hearing as there was no one
present to speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Stein
recommending approval of Conditional Use Permit for the Plymouth Hills Shopping
Center for a restaurant with on -sale liquor located at the southeast corner of 34`'' Avenue
and Plymouth Boulevard. Roll Call Vote. 4 Ayes. MOTION approved unanimously.
7. OTHER BUSINESS
City Engineer Faulkner commented that there will be two all -way stops put in, one at 34`'
Avenue and Plymouth Boulevard and the other at 34`h Avenue and Fembrook Lane.
Commissioner Berkowitz asked about the timing of the signal at Highway 55 and
Plymouth Boulevard. City Engineer Faulkner replied that the signal is regulated by the
state.
Commissioner Thompson asked when the Commission will be looking at roundabouts.
Director Hurlburt said roundabouts will be discussed as part of the streetscape study
which will come back to the Commission on November 24th.
MOTION by Commissioner Thompson, seconded by Commissioner Stein to adjourn.
Vote. 4 Ayes. MOTION approved unanimously. The meeting was adjourned at 8:22
p.m.
Wayzata -Plymouth Area
Chemical Health Commission
Minutes
October 9, 1998
Members Present: Jeyn Hofacker, Pat Boris, Dave Hadden, Barbara Hickok,
Judy Hoover, Denise Signorelli, Christine Engel, Martha Anderson, Many Little,
Gary Swedberg, Judy Hanson.
Introduction:
Judy Hanson introduced 2 new students who will be regular members.
Welcome Denise and Christine.
Treasurer's Report:
Mandy reported we have $2476.59.
Public Safety:
None
College Update:
Status quo
School Update:
Gary reported:
6th grade students went to Eagle Bluff in Lansford.
8th grade students went to Induhype to band and discuss respect.
Discussion of Robutussin in Eden Prairie. No Doze is the in chemical in
junior high.
Judy passed out the extra curricular and cocurricular student behavior
policy. The group discussed possible options in the first offense — the
student being ineligible for one calendar year. People will come back with
suggestions.
Tobacco Update:
Jeyn explained the new diversion program. See the enclosed brochure.
ENVIRONMENTAL QUALITY COMMITTEE d
MINUTES Meeting No. 76
Tuesday, September 8,1998; 7:00 p.m.
Members Present: Martin Frank, Chuck Woodruff, Kathy Marshall, David Shea, Warren Tuel,
Bob Swanson
Members Absent: Terri Goodfellow -Heyer
Others/Staff Ginny Black, City Council Representative
Present: Dwight Johnson, City Manager
John Barten, Hennepin Parks Representative
Mark Oberbeier, SEH
Sally Strand, Bass Lake Association Representative
Shane Missaghi, Staff
Sandra M. Walline, Volunteer Secretary
Call to Order: The meeting was called to order by Chairperson, Martin Frank, at 7:00 p.m.
Review of Agenda: The following items were added to the Agenda:
Positions slated for election - Ms. Black;
Northwestern Plymouth - Mr. Frank
Budget - Mr. Johnson
Plymouth Water Resources Management Plan -Review of Comments: Following a very lengthy and
involved discussion Mr. Frank offered the following summary:
1. It is the consensus of the committee that the WRMP be more specifically
directed
2. It is the consensus of the committee that environmental goals be
established through the setting of specific standards
Mr. Shea moved, it was seconded by Ms. Marshall, and unanimously approved that the committee
recommend to the Planning Commission and the City Council that the critical steps in Points 9, 10, 12,
20 and 29 of the WRMP and new eco -region range parameters setting forth water quality goals be
included in the final draft of the Plymouth Water Resources Management Plan.
It was also the general consensus of the committee that the Planning Commission and City Council
Members should receive full copies of the WRMP along with a cover letter to be authored by Mr. Shea.
All members of the committee agreed to contact their respective Planning Commission representatives
regarding any questions they may have on the Plymouth Water Resources Management Plan. Members of
the committee also agreed to attend the September 22nd Planning Commission Meeting so that they -might
be available to address questions and concerns as they may develop at the meeting.
Positions Slated for (Re)Election: Ms. Black stated that Wards 2 and 4, the position of Mayor and one
At Large position were up for election.
Page 1 of 2
N:\pw\Engineering\VMQLTY\MINUTES\98W076.DOC
Northwestern Plymouth: Mr. Frank stated that he felt this topic had been covered by the committee in
previous agenda items.
Budget: Mr. Johnson stated that the following dollars had been budgeted for EQC activities:
$50,000 for monitoring and testing bodies of water
$41,000 for staffing the maintenance and drainage of ponds
$ 8,000 for public education
He further stated that the remainder of the $300,000 capital improvement fund has been suggested as
additional funds for lake improvement and the furthering of hydrological studies.
Aqua-Scape Project: Mr. Missaghi responded to Ms. Marshall's query about the status of the Aqua-
Scape Project stating that 2,000 plugs had been set and the entire upland area had been seeded. He stated
further that school students have been scheduled to remove purple loose strife this fall.
Open Space Committee: Ms. Marshall moved, it was seconded by Mr. Shea and unanimously approved
that the Open Space Committee be approached to review possible future acquisitions by the city in
northwestern Plymouth.
Adjournment: It was moved by Ms. Marshall, seconded by Mr. Shea and unanimously approved that the
meeting be adjourned at 9:35 p.m.
The next meeting will be held on October 13th with planned topics of discussion as follows:
Planning Commission Meeting update
City Council Meeting update
Review of the 1998 Work Plan
Respectfully submitted,
Sandra M. Walline
W
Page 2 of 2
N:\pw\Engincering\WTRQLTY\NUNLrrES\98\N076.DOC
DRAFT
ENVIRONMENTAL QUALITY COMMITTEE
MINUTES Meeting No. 77
Tuesday, October 13, 1998, 7:00 p.m.
Members Present: Chuck Woodruff, Kathy Marshall, David Shea, Warren Tuel,
Terri Goodfellow -Heyer
Members Absent: Martin Frank, Robert Swanson
Others/Staff Ginny Black, City Council Representative
Present: Dwight Johnson, City Manager
Shane Missaghi, Staff
Sandra M. Walline, Volunteer Secretary
Sally Strand, Bass Lake Association Representative
Kathy Risdall, Gleason Lake Association Representative
Lee Keeley, Gleason Lake Association Representative
Ms. Risdall and Ms. Keeley commented on the interests and concerns of the
Gleason Lake Association. Ms. Lee presented study information to the Committee
and offered to provide Mr. Missaghi with a copy of the study. The study
information was not made available prior to this time due to the conflicting
schedule of the Association members. A survey which would be mailed to the
Association members was given to Mr. Shea who will ask Maple Grove authorities,
John Barton, et al, for their comments. Mr. Missaghi offered mailing list
information and support help to Ms. Risdall and Ms. Keeley in their efforts.
Call to Order: Ms. Marshall called the meeting to order at 7:20 p.m. There
were no additions to the Agenda.
Approval of Minutes: Mr. Shea moved, it was seconded by Ms. Goodfellow -
Heyer and unanimously approved that the minutes of Meeting 76 be approved.
Water Resources Management Plan: Mr. Missaghi summarized the current status
of the Plan identifying three questions.
1. What do we do about fertilizer ban?
2. Is there a financial plan?
3. What percentage of funding will be spent on northwestern Plymouth
versus the remainder of the City?
Response #1: There is a positive feeling about the ban. Mr. Missaghi is
looking into wording for a ban with the City Officials and the City
Attorney.
1
17 C__
Response #2: Mr. Missaghi, with the help of others, will frame a budget
format.
Response #3: An amount of $1 M has been allocated for Northwestern
Plymouth realizing that this allocation is a proactive contribution to an
area still undeveloped.
1998 Work Plan: The Annual Report and the Plan itself were reviewed for the
Committee by Mr. Missaghi. It was moved by Ms. Goodfellow -Heyer, Seconded by
Mr. Shea and unanimously approved that the Committee review the Work Plan
toward development of next year's plan. Mr. Missaghi agreed to prepare an outline
for next year's plan which he will E-mail to all Committee members prior to Meeting
No. 78. He will also obtain a formal opinion from the City Attorney on the fertilizer
issue and the Medina Resolution (as distributed) promoting the use of PH -Free
Fertilizers.
General Discussion: Ms. Black identified and discussed the expiring terms
which need to be filled for Wards 3 and 4.
The next meeting will be held on November 10, 1998 at 6:00 p.m.
Agenda Items: 1999 Work Plan
Fertilizer Issue
Medina Ordinance
Expiring Terms
Attendance requirements for the Committee
Natural Area Study
Staff Report - Noise Ordinance
Adjournment: There being no further business, Mr. Goodfellow -Heyer moved,
it was seconded by Mr. Woodruff and unanimously approved that the meeting
adjourn at 9:06 p.m.
Respectfully submitted,
Sandra M. Walline
4r"
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11/03/98 TLE 17:11 FAX 612 452 5550 CAMPBELL
CAMPBELL KNUTSON
I'rof��siunal A�auciati(ln
r,lWriwyS "it ).<tu,
Th -,ma:, l C::anF•rOl
Kojyr N. I�nurs,m
Thom.* M, ticxat
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Ralph Shapiro, M.D.
10520 - 31st Avenue North
Plymouth, MN 55441
1651) 452.5000
Fii\ (651) 452-5550
Author's Direct Dial. 234-6215
November 3, 1998
444 PM PLN
�-4a
RE: PUD Proposal for the Association Free Lutheran
Bible School - 3100 East Medicine Lake Boulevard
Dear Dr. Shapiro:
.Ioc-I 1. I:tmnik
Andre, McL)owcll f (,ch)cr
Wrrhew K. Brold*
,)nhn F. Kelly
Mau6ew J. Foo
Mat-gu(rite M. M(:(.:trrun
The Plymouth City Council voted to postpone action on the land use reguiding
until the PUD rezoning application was brought back before them. The Council's
decision to act on the reguiding and rezoning together was legally appropriate. Based
upon my experience, this procedure is more typical for project specific applications than
processing a reguiding in advance of a rezoning.
U
CAMPBELL KNYJTSON
BY: _-
- Boge_ knutson
mouth City Attorney
RNK: srn
cc: Mayor and Council Members
Dwight Johnson, City Manager
Anne Hurlburt, Planning Director
SUIrc 317 • Ea,,:mdalc Office Ccn-ci . 13K0 Co:-por;)ri: C:(:nfcr CurvC • E<< cul, MN 55121
16002
Paul Vincent
Plymouth Soccer Association
12800 34th Ave N
Plymouth, MN 55441
Dear Mr. Vincent:
On behalf of the City of Plymouth, I'd like to thank you for the $3,000 donation from the
Plymouth Soccer Association. What your organization does for the youth in our community is
very worthwhile and truly appreciated. We enjoy our working relationship with you and hope
that it will continue for many years to come.
Thank you, again.
Sincerely,
Y77�
,.
v %
Joy Tierney
Mayor
/np
PLYMOUTH A Beautif u(P(ace To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
91.1 www.ci.nivmouth.mn.us
Ila
DRAFT
�-
11/06/98
11:41 AM
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
NOVEMBER 18, 1998
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 7:00 P.M.
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council
about any item not contained on the regular agenda. A maximum of
15 minutes is allotted for the Forum. If the full 15 minutes are not
needed for the Forum, the City Council will continue with the
agenda. The City Council will take no official action on items
discussed at the Forum, with the exception of referral to staff or
Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION
ANNOUNCEMENTS
5. APPROVE AGENDA—Councilmembers may add items to the
agenda including items contained in the Council Information
Memorandum for discussion purposes or staff direction only. The
Council will not normally take official action on items added to the
agenda.
6. CONSENT AGENDA—These items are considered to be routine
and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so
requests, in which event the item will be removed from the Consent
Agenda and placed elsewhere on the agenda.
6.1 Approve proposed City Council Minutes
6.2 Approve Disbursements
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING IT _
November 18,1998
Page 2
6.3 Approve Conditional Use Permits and Site Plan Amendment to
remodel the existing building and add a car wash to property located
at 10100 Rockford Road. Holiday Companies. (98166)
6.4 Approve Conditional Use Permit to move a home onto property
located at 9540 17`h Avenue North. Rummie Construction. (98168)
6.5 Site Plan and Conditional Use Permit for Plymouth Woods Office
Center Phase Il, a three-story, 89,154 square foot office building
located southeast of Fernbrook Lane and 34`h Avenue North
United Properties. (98169)
6.6 Approve request for extension of due date for Comprehensive Plan
Update
6.7 Approve Housing Improvement Fees for the Shenandoah
Townhomes Housing Improvement Area
6.8 Amend License and Permit Fee Schedules
7. PUBLIC HEARINGS
7.1 Approve Off -Sale Intoxicating Liquor License for Curtin's Inc.
d/b/a Paradise Liquors, 12 Nathan Lane (change of ownership)
7.2 Public Improvement Hearing for Kingsview Lane Improvements
from Niagara Lane to Gleason Lake Drive, Project 9002
7.3 Vacation of Oak Street Right -of -Way in Glen Grove Acres
First Subdivision (northwest corner of Harbor Lane and
7`h Avenue)
8. GENERAL BUSINESS
8.1 Amend Animal Ordinance
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING
November 18, 1998
Page 3
*8.2 Approve proposed ordinance providing for the elimination and
prevention of prohibited noise and imposing penalties for violation.
City of Plymouth (96094)
8.3 Deny Variances for development of a non -conforming lot, a
16.2 -foot front yard setback and a 10 -foot side yard setback for
property located at 305 Quantico Lane North. Don Myron (98155)
(postponed from 11/4/98)
9. REPORTS AND STAFF RECOMMENDATIONS
9.1 Report on Plymouth Ponds Development compliance issues
(requested by Councilmember Black; postponed from 11/4/98)
9.2 Report on Traffic Operations on Nathan Lane including the
intersection at County Road 9 north to 45`h Avenue and on 45`''/
46`h Avenue from Nathan Lane to Zachary Lane
10. ADJOURNMENT
* Items require 5 affirmative votes of the City Council for approval.