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HomeMy WebLinkAboutCouncil Information Memorandum 09-27-1996SEPTEMBER 27, 19 UPCOMING MEETINGS AND EVENTS 1. COUNCIL MEETING SCHEDULE: OCTOBER 1 7:00 P.M. SPECIAL COUNCIL MEETING Public Safety Training Room Topic: Proposed Zoning Ordinance Changes OCTOBER 2 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers OCTOBER 9 7:00 P.M. SPECIAL COUNCIL MEETING Medicine Lake Room Topic: City Manager Evaluation OCTOBER 16 7:00 P.M. REGULAR COUNCIL MEETING Council Chambers OCTOBER 17 7:00 P.M. SPECIAL COUNCIL MEETING Public Safety Training Room Topic: 1997 Proposed Budget & Proposed 1997- 2001 CIP 2. PLYMOUTH CHARTER COMMISSION, MONDAY, SEPTEMBER 30, 7:00 P.M., Public Safety Training Room. Agenda is attached. (M-2) 3. HUMAN RIGHTS COMMISSION, THURSDAY, OCTOBER 3, 7:30 P.M., Medicine Lake Room. 4. PLANNING COMMISSION, TUESDAY, OCTOBER 8, 7.00 P.M., Council Chambers. 5. ENVIRONMENTAL QUALITY COMMISSION, TUESDAY, OCTOBER 8, 7:00 P.M., Hadley Lake Room. 6. PRAC, THURSDAY, OCTOBER 10, 7:00 P.M., Council Chambers. INFORAMT10N MEMO September 20, 1996 Page 2 7. MEETING CALENDARS — The September, October, and November meeting calendars are attached. (M-7) 1. METROPOLITAN COUNCIL GROWTH OPTIONS PLAN -- Association of Metropolitan Municipalities (AMM) fax providing an update of the Metropolitan Council's Growth Options plan. Attached is a note from Plymouth Community Development Director Anne Hurlburt along with support materials from the Met Council. (I-1) 2. MEETING MINUTES a Plymouth Advisory Committee on Transit, August 28, 1996. (I -2a) 3. CITY COUNCIL MEETING ATTENDANCE -- Attached is a spreadsheet showing City Council meeting attendance to date in 1996. (I-3) 4. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE a Letter to Louis Oberhauser from Community Development Director Anne Hurlburt responding to comments about the proposed noise ordinance. A copy of Oberhauser's original letter is attached. a 4a) b. Letter to Patrick J. Smith from Public Works Director Moore responding to concerns about school traffic safety on 41"` Avenue. a 4b) A status report on the most recent correspondence is attached. a 4c) 5. CORRESPONDENCE a Letter to the Mayor and Council from John F. Provost of 3M Media regarding the company's request for exemption from the City billboard ordinance. a -5a) b. Letter to John Mathews of AT & T from the Minnesota Pollution Control Agency reporting on and requesting corrective action for a petroleum storage tank release at the AT & T site at 13320 15'h Avenue N. a -Sb) c. Letter to Ron Larsen of McQuey International from the Minnesota Pollution Control Agency reporting on and requesting corrective action fora petroleum storage tank release at the McQuey International site at 13600 Industrial Park Boulevard. (I -Sc) d Letter from .Jon Elam, Maple Grove City Administrator, reporting that the Maple Grove City Council confirmed their Lake Quality Commission's recommendation to continue the 15 mph speed limit on Pike Lake. (I -5d) September 24, 1996 2:42 PM From: AMM Fax #: 281-1299 Page 2 of 2 AMM FAX EWS g)f fir ft A 0el1~1 to 4►Aff !/!)107aJ: dA/ i llliYx %/I! B l�br�o�/e/toitrA�ra/lt�hw�rx lO lld,(1ri�0//ClO/Fel'�offlMakem Of�pUJ'0lI�'�J� © Afprlte if hYf i4S fi*6*4 w //trf k Aid ftyspoig fu' 2&-11ff fief• 4wYedwgidw s-/ Id. Association of Metropolitan Municipalities September 23-27, 1996 Met Council's Growth Options plan beginning to take shape The Council continues to define the major compo- nents of its Growth Options plan. While no decisions have been finalized, several major consensus points emerged at last Thursday's Committee of the Whole meeting including: • A 40 -year urban growth boundary (ulti-MUSH) based on watersheds which create o long term urban reserve. • Regional sewer facilities sized for the long term growth boundary. • Parameters (overlay platting, cluster design, etc.) established so remaining post -2020 urban reserve lands can be urban- ized when MUSA staging reaches them. • Housing density benchmarks established to make the urban reserve last 40+ years (densities higher than recent edge patterns to accommodate 2/3 of projected growth within current MUSA.) • Transportation system, especially transit, used as a land use shaper and concen- trated (fixed route transit corridors encouraging nodes along corridors.) e "Core area" defined as a specific geographic part of the central cities with severe problems and focus Met Council efforts on job and tax base enhancement as v catalyst for "brownfield" (pol- luted site) redevelopment. THE TOOLS NEEDED The tools needed to imple- ment the growth management plan has received scant public discussion. Unfortunately, many of the implementation devices discussed so for fall into the "stick" or regulatory mode as opposed to incentives. Some devices mentioned ore: • A process for override of local zoning to achieve in- creased residential densities in urban area. • Met Council approval of TIF districts. • Fiscal Disparity manipulation. Also, no realistic strategies for dealing with growth beyond the seven -county metro area have emerged. THESCHEDULE The key dotes/events in the public hearing schedule are: • Oct. 10: Council action to adopt documents for public hearing and set public hearing dates. e Week of Oct. 21: Open houses held around the region to provide information about growth option policy docu- ments. e Nov. 19-20: Public hearing. • Dec. 6: Public hearing record closes. .7=/ DATE: September 20, 1996 TO: Dwight Johnson, City Manager FROM: Anne Hurlburt, Community Development DirectorNl� SUBJECT: Metro Council's Growth Management Strategy Attached is some information on the Metro Council's "hybrid option" of the growth strategies, which I understand was given conceptual approval by the Council yesterday. Based on this draft, all of Plymouth would be within the 40 -year "urban reserve" area; that is, where regional urban services would be provided. Cities such as Plymouth, with a year -2000 MUSA, would "plan for a cost effective, staged, contiguous 2020 MUSA." More information should be forthcoming. Public meetings (not yet announced) will be held, with a public hearing tentatively scheduled for November 19 and 20. The public hearing will be on amendments to the Regional Blueprint as well as the Council's systems plans for sewers and transportation. No information is available yet on the system plan amendments. September 5 Consensus Points Z— / Growth Boundary ♦ Draw a 40+ year boundary that creates a long term urban reserve ♦ Base it on watersheds, not political considerations ♦ Include Lake Elmo (and any other communities in similar situations) ♦ Size sewer facilities for the long term boundary 2020 Staging Area ♦ .Use new MUSA concept as a staging tool. and get out of subdivision by subdivision minutiae ♦ Use a 20 year planning horizon ♦ Set regional parameters for a 2020 growth strategy and policy plans (policy based forecasts, service allocations, facility capacities & constraints, etc.) ♦ Have local governments propose a 2020 staging plan that would use parts of the urban reserve ♦ Include agreed upon 2020 staging areas as part of the urban area ♦ Review staging areas every five years Urban Reserve ♦ Establish parameters (overlay platting, cluster design, very large 1/40 lots, etc.) so that remaining post 2020 urban reserve lands can be urbanized when MUSA staging reaches them ♦ Assist local governments with land use practices to meet the parameters Urban Area ♦ Focus on creating and concentrating jobs ♦ Establish housing density benchmarks necessary to make the urban reserve last 40+ years (densities - mixes higher than recent edge patterns/more lice historic buildout patterns, 2/3 of growth in current Metropolitan Urban Service Area) - - - - Assist local governments with land use practices to realize the concentrations and benchmarks (not overzoning for commercial -industrial lands, urban design tools for higher densities and mixed uses) ♦ Take advantage of the transportation system, especially transit, as a land use shaper and concentrator (establishing fixed route transit corridors, encouraging nodes along corridors) ♦ Emphasize incentives and pricing mechanisms as much as feasible ♦ Recognize the importance of homeownership, open space, and affordability as critical elements for quality of life Core Area • Define the core as a specific geographic part of the central cities with severe problems- ♦ Acicmowle t, --c that numerous factors create crime, poverty, neighborhood decline, and other problems in the core, and that the Council has limited ability to address them ♦ Focus Council efforts on job and tax base enhancement, especially as a catalyst for brownfield redevelopment ♦ Emphasize that the two central cities have to provide the leadership for addressing the problems ♦ Engage the two cities in a broader dialogue about what to do and channel Council resources toward assisting them with action plans as appropriate ♦ Include schools in the broadened dialogue and explore joint efforts with school districts ♦ Assist the cities with good information and research about what seems to work (best practices) ♦ Ask the Core Area Work Group to identify common regional -central city interests and further Council action steps 9/13/961:01 Ph1 GROWTH OPTION/POLICY DOCUMENTS 5- / PUBLIC HEARING PROCESS Suggested Schedule ' October 3 Committee of the Whole Meeting (already scheduled) October 10 Council action to adopt documents for public hearing and set public hearing date(s). October 14 Publish hearing notice in State Register. Week of Open Houses held around the region (1 in each sector) to provide October 21 information about growth option/policy documents. November Public Hearing (continued over two days) 19 and 20 A portion of the hearing will be held during daytime hours at the Council offices: The other portion will be held during evening hours at three separate locations around the region to allow for greater participation region -wide. Council members will have to split up to attend this portion. December 6 Hearing record closes (10 working days following the close of the hearing). December 9.. Hearing report mailed. December 12 December 16 Deremher.10 December 1? December 19 December 30 Committee of the Whole (discussion) Transportation Committee recommendation on transportation policies and aviation policies. CDC recommendation on parks and open space polic;*u Environment Cdin+niittbe recommendation ori water policies. Committee of the Whole Meeting (action). Council Action. Growth Management Strategy Policy Areas Core Urban Area Urban Reserve Rural Growth Centers Permanent Agricultural Permanent Rural 2000 MUSA Boundary (as of 1995) N Urban Growth Boundary Potential Expansion Municipal Boundary County Boundary Major Highways -. r DRAFT Twin Cities 7 -County Metropolitan Area it Metropolitan Council s o s 10 is Mil Geographic Information Systems September 16, 1996 Ca Q C: ca 0 v .co RO ■ ,T- / C viN O „7 N .r p C N .Q •� =o CO2 w 2O c Lj E CA 'O in� e4 y = ea JOE! O O V1 >Q a N as u u = = O .. a 'a = -E N .+' `. :: O �. as _s N a ... u _. 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Adjourn M-7 IN M w �h� V 3 b W � ISI �d y H H 0 � M-7 IN M lT/w/ .r l � .b W P W� � ~ 0 'W Fong �I a) � O b M a O •u n g�� O fob o ��n,�v`nil y H r H c ?�6 8�i2 WO w"•=AR � F- �f M .r 0 b M a O •u n g�� d fob o ��n,�v`nil oU r c ?�6 8�i2 w"•=AR � O on n N ZO N �E I%Va N a NO M O 00 s ~ h n.Ci wed M .r 0 b M a O •u n " fob o ��n,�v`nil oU r c � ~oo � O on n N ZO N d N a NO M O M-1 O� tn N 0 N y .r 0 b M O n fob o r � ~oo O on N ZO N d s g8 'r N N M-1 O� tn N 0 N y 0 b M O n M-1 O� tn N 0 N y M-1 N I°� I"I" IN IM a! N' N F •RRR a! N' N _: r- at PLYMOUTH ADVISORY COMMITTEE ON TRANSIT August 28, 1996 PRESENT Herb Miller, Barb Roberts and Joe Edwards Representing MCTO - Steve Jaeger Representing National School Bus Company - Dave Johnson Representing the City of Plymouth - John Sweeney Consultant for Plymouth Metrolink - George Bentley Committee Secretary - Patty Hillstrom Visitor - Pat Huckleberry I. MEETING MINUTES The minutes for the July 24 meeting were approved as written. H. RIDERSHIP INFORMATION 1992-1996 AND REVIEW OF RIDERSHIP STATISTICS FOR JUNE 1996 George Bentley's Comments Bentley distributed ridership charts and explained a different way of calculating the statistics. A chart was distributed for last months ridership and also a "revised" chart using the new way of calculation. In the past, passengers that get on the shuttle and then get onto a Metrolink MCTO bus on the way downtown in the morning and vice versa in the evening haven't been counted. The new calculation method counts these passengers. The people who get onto the buses along Highway 394 have been included in Plymouth Metrolink statistics because they are not being counted otherwise in the system. Bentley spoke to the Met Council and they agreed that we should be counting those riders. The statistics have been revised retroactive to the first of the year. Joe Edwards asked that both graphs be shown for the remainder of the year in order that we have a years worth of data for comparison purposes. III. REGIONAL GUARANTEED RIDE HOME PROGRAM. The program is funded by Minnesota Rideshare and brochures should have been distributed on the buses. The program guarantees two free rides home per year either MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT August 28, 1996 Page 2 on a bus or a taxi cab. Riders can get reimbursed (up to $20) for the cab fare if they take a cab. Plymouth had more ridership than any other metro city with the Guaranteed Ride Home Program when it was implemented in the past. Miller asked if the Human Resources people were notified of this program since their signature is required on the application. Sweeney stated that he and Bentley would be meeting with the marketing people tomorrow. IV. IDENTIFICATION OF AREAS OF CONCERN AND/OR RECOMMENDATIONS Barb Roberts's Comment Barb Roberts suggested that passengers pay fares when they get on at the park and ride lots to eliminate some of the waiting when getting off. Jaeger explained that every 15 minutes there are 135 buses going through downtown and that there is a lot of debate whether it saves time or not. Herb Miller's Comment Miller asked about updated schedules on the buses. Sweeney replied that new schedules had just arrived. Joe Edwards's Comment • A comment was made about the new buses not having reading lamps. V. CUSTOMER SURVEYS FOR PLYMOUTH METROLINK AND DIAIrA- RIDE Copies of the survey were distributed and many positive comments were noted. Bentley stated that one of more interesting statistics in this survey was that 41 % of regular route users earn more than $50,000. This tells us the transit system is used by many people; not only lower income people. %laW_pbivollUMUMSnVACr&UNVnNt-=MW.WC MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT ?' August 28, 1996 .� Page 3 VI. STATUS OF COURTESY BENCHES John Sweeney's Comments The City Council repealed the existing ordinance which permitted up to 50 bus benches in the City, with one stipulation that benches not on a transit route must be removed. It turns out that there are only three benches that are not on transit routes, and the owners were given 90 days to move the advertising to another site. Originally there were 48 benches in place and two permits that were on hold (they will remain on hold). The Planning Department will be looking at the sign ordinance and part of that will include the bus bench ordinance. The bus benches are really advertising and even though the bus benches are on a route many are not in a location that best serves the customer. VII. DIAL -A -RIDE SUMMER MARKETING PROGRAM Sweeney stated that there is not a lot more to report because the August ridership is not available yet. Dave Johnson stated that there was a lot of good response with the 10 ride pass cards. Parents especially like them for their children rather than giving them cash. July ridership was up from June and there have been a lot positive comments. VIII. PLANNING AND IMPLEMENTATION OF A FIXED ROUTE CIRCULATOR Sweeney, Bentley, Dave Johnson and ISA Design had a meeting this week to discuss the circulator and reached an agreement on where the fixed route circulator should go. Schedule and route information will be ready next Tuesday. They are not sure what impact the circulator will have on Dial -A -Ride. One of the things that they are trying to do is integrate Dial -A -Ride with the circulator. Ridgedale and the 394 park and rides will be the only facilities out of the City that will be on the route. The circulator will run from 9:00 a.m. to 4:00 p.m. The circulator route was planned to connect high density residential areas of the City and retail/commercial destinations. Sweeney stated that in the future they are looking at a couple of possible additional park and ride lots in the west half of the City. \City_Wvoll%UOMTLVan PACf1MIIQlJ1'W%-MMW.MC MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT August 28, 1996 -Z� 02— Page 4 IX. TRANSIT SUMMIT MEETING ON AUGUST 16, 1996 WITH TRANSPORTATION PROVIDERS IN PLYMOUTH George Bentley's Comments On August 16, 1996, the first of what will probably be regular meetings with the transportation providers in Plymouth was held. This included all of the social service providers (Care & Share, Elder Express/Prism and Interfaith Outreach) and people from Metro Mobility and National School Bus Company. Steve Mahowald from MCTO was also at the summit. It was a very positive meeting. The purpose is to identify areas where there are unmet needs in the community. The public transportation system is going to be somewhat restricted because of the nature of the trips. We are hopeful that we are going to be of some assistance to the other providers. We have a Section 5310 vehicle coming some time next year, and one of the primary purposes of that vehicle by federal law is to be used for elderly, persons with disabilities, etc. It will be a challenge to integrate it into the system, but it provides some opportunities to meet needs that are not currently being met. Sweeney stated that in September he would be speaking at Plymouth Towne Square to a group of people about transit and on another date in September he will speaking to a group of about 120 seniors at a location near Medicine Lake. X. INFORMATION ONLY • Rider Alert Re: Care of new supersaver cards • Rider Alert Re: Upgrade to farebox card readers XI. OTHER COMMENTS Sweeney stated that he and Bentley were at a seminar regarding communications. They met with different vendors and found out what the state of art is in the communications field. They received information on the use of cellular technology for transportation providers. Some of this technology, such as GPS, can also be used with radio systems. Miller asked when there would be information about transit on the City Web site. Sweeney was told that there was some information on transit now and that they are going to get the schedules on in the near future. %%OW l%MG% LUUWAcrMORnWs- .WC MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT August 28, 1996 Page 5 The next meeting will be held on September 25, 1996 at 7:00 p.m. in the Engineering Conference Room (Hadley Lake Room) on the lower level of Plymouth City Hall. Respectfully, Patty Hillstrom Committee Secretary %UCky_pbi%vllW4MTRMMVACr1l MUrMt-28MIId.DOC CITY COUNCIL MEETING ATTENDANCE -1996 �=3 DATE MEETING TYPE Anderson Wold Lymangood Preus Granath Black Tierney 1/3/96 Special X X 1/9/96 Regular 1/22/96 S cial X 1/23/96 Regular 1/30/96 S cial X 2/7/96 S ecial 2/7/96 Regular 2/12/96 S ecial 2/21/96 Special X X X 2/21/96 Regular X X 3/6/96 Special X X 3/6/96 Regular X 3/13/96 S tial X X 3/20/96 Regular X 4/3/96 Regular X 4/17/96 Regular X 4/29/96 Board of Review X X X 5/1/96 Re ular 5/15/96 Regular X 5/20/96 Special X X 5/20/96 Board of Review X 6/5/96 Regular 6/19/96 Re ular X 6/26/96 Re ular X 7/10/96 Regular X 7/24/96 Regular X 8/7/96 Regular X X 8/12/96 Special X 8/14/96 S cial 8/21/96 Regular 8/28/96 Special 9/4/96 Regular 9/10/96 Special X 9/18/96 Regular I X 9/20/96 1 Special X X September 23,1996 Louis B. Oberhauser Oberhauser and Neveaux 1421 E. Wayzata Blvd., Suite 210 Wayzata, MN 55391 Dear Mr. Oberhausen: VW16 N I Following receipt of your September 11 letter, City representatives met with you and Mr. McCleary regarding the status of the City's Draft Noise Ordinance and the specific noise issues at AmeriData. Based on your discussions with Mayor Tierney, Elliott Knetsch and Barbara Senness at that meeting, I understand that you agreed to the following course of action for the next two weeks. First, City staff will look into the costs of an eight -foot high fence to buffer the neighbors from the loading dock area. Staff will also review the elevations of the decks on the adjacent homes, the trail and the loading dock to clarify how much protection such a fence would provide. Second, you and Mr. McCleary will meet with representatives from AmeriData and Ryan Construction to seek their financial cooperation for a settlement with the three affected neighbors of AmeriData. Such a settlement would include cash outlays of $20,000 per family and a privacy fence and additional landscaping in return for a covenant on each property that in essence will allow AmeriData to continue to operate within the parameters of State Noise Standards. Within two weeks, you will meet with City representatives again to determine whether it will be possible to assemble this settlement package. In the meantime, the City is working on supporting materials to the Draft Noise Ordinance. At a minimum, that draft will not move forward until we determine whether the AmeriData neighbors will accept the currently proposed settlement package. Barbara Senness of my staff will continue to work with you on this matter. She can be reached at 509-5452. Sincerely, Anne W. Hurlburt, AICP Community Development Director cc: Barbara Senness, Planning Supervisor PLYMOUTH A Beau tifu(Tlacc?n Linc :: ii PLYrvA.OUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 91!Gt' LOUIS B. OBERHAUSER- JACK NEVEAUX- -A FWAMIand Auotition OBERHAUSER & NEVEAUX A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AND COUNSELORS AT LAW 1421 EAST WAYZATA BOULEVARD -SUITE 210 WAYZATA, MINNESOTA 55391 September 11, 1996 CITY OF PLYMOUTH Attention: Joycelyn Tierney, Mayor 3400 Plymouth Boulevard Plymouth, MN 55447 Re: JAMES K. McCLEARY and CAROL A.E. McCLEARY 5480 Carrie Lane Shorewood, DST 55331 Our File No: 4113-26 Dear Mayor Tierney and members of the Plymouth City Council: 71-1 .r f., (612) 473-2521 , FAX (612) 473-7863 ' P fAX (612) 473-02651 On behalf of James K. and Carol A. E. McCleary, (the "McClearys") who are the owners of the property at 10200 - 51st Avenue North, Plymouth, Minnesota, I would like to go on record opposing the proposed ordinance as it relates to the operation of loading docks. As you probably know, Mr. McCleary was originally the majority owner of AmeriData, .Inc. ("AmeriData") and in 1993, sold his . majority interest to AmeriData Technologies, Inc. ("Technologies"). In July of 1996, all of'Technologies stock was acquired by General Electric Capital Corporation ("General Electric"). AmeriData occupies the building as a tenant under the terms of a lease that is set to expire in October of 2009. As the McClearys attorney, I have been advised by the new owners of AmeriData, that the proposed noise ordinance, places the - /7 Joycelyn Tierney, Mayor and Plymouth City Council September 11, 1996 Page 2 tenant at a competitive disadvantage with their competitors operating in similarly zoned property, but without the restrictions as it relates to the operation of loading docks. I have been further advised that the tenant believes that the adoption of the enforcement of this ordinance would seriously impact the tenant's ability to conduct. its business -and could result in a constructive eviction. The tenant is suggesting that they will go to court in an effort to terminate the lease as it relates to this property if this ordinance is adopted. The existing lease runs through September 30th, 2009. The net lease is $44,366.00 per month. This rent is subject to periodic escalations based upon the change in the Consumer Price Index. It is plain to see that if the adoption of this ordinance results in the tenant terminating the lease, that the McClearys will incur a substantial loss. If this occurs, the McClearys will have no choice but to make the City of Plymouth ("City") a party to any action brought by the tenant to terminate the lease as the McClearys will look for enumeration from the City. As I have mentioned in the past, I believe your attempt to adopt this ordinance to placate a few citizens of the City that are affected by loading docks, is bad government, at best. Noise pollution is covered by the Minnesota Pollution Control Agency ("MPGA")regulations. Noise is noise, and to distinguish between noise created by loading docks versus noise being created by some other entity, or from a residential property, versus an industrial property, leaves one to question the fairness of the proposed ordinance. I do not know what other industrial buildings with loading docks would be affected by this ordinance, but I am very familiar with the facts and circumstances surrounding this particular property. Joycelyn Tierney, Mayor and Plymouth City Council September 11, 1996 Page 3 At the time this property was developed for the McClearys by Ryan Construction Company, Inc., the property in question and the adjacent property, which is now occupied by residents that are the beneficiaries of this proposed ordinance, was zoned or guided as industrial property. After AmeriData's initial building and loading docks were constructed and in place, residential development took place on this adjacent property. The people who purchased that property were aware of the existence of the industrial property and the location of the loading docks. It is not a question of them initially constructing their houses next to vacant residential land and subsequent thereto, having the land developed for industrial purposes. I sympathize with the property owners and their being annoyed by the noise associated with the operation of a loading dock, but on the other hand, the price they paid for the property was less because of its location and I do not feel that the proper cure for the problem is the noise restriction on the industrial property. There comes a time in the operation of any governmental unit, when the elected officials need to disassociate themselves from the voters, and to make decisions based upon what is reasonable and equitable to all of the parties, including the non-voting industrial property owners. The failure *of the City Council to face up to their responsibility will only result in an ordinance being adopted which could create a substantial economic hardship on the people who bought a developed industrial property within the City in reliance on the zoning laws. This also may subsequently result in the City being required to pay substantial amounts in damages to the various owners should tenants be successful in terminating leases based upon the restrictions contained in the proposed ordinance or the owners being unable to release the property at competitive rates. Joycelyn Tierney, Mayor and Plymouth City Council September 11, 1996 Page 4 It appears that the City would be further ahead by constructing whatever noise barrier is necessary within the area and assessing the cost of the same against the benefit properties, or picking up these costs as the costs of operating the City rather than trying to shift this burden to the owners of the industrial zoned property which was developed under the control and supervision of the City. Would you please keep me advised as to any hearing dates that are to be held with reference to this proposed ordinance. Sincerely- ;*dy�a; B. OIBERHAUSER LBO: ejw cc: James K. McCleary and Carol A.B. McCleary 10 September 26, 1996 CITY C PLYMOUTH Patrick J. Smith 15600 - 40' Avenue North Plymouth, MN 55446 SUBJECT: SCHOOL TRAFFIC SAFETY 41n AVENUE Dear Mr. Smith: I am responding to your comments via the City's web site concerning safety on 41" Avenue between Rockford Road and Vicksburg Lane. As you stated in your comments, there has been an increase in traffic on this street due to the closing of County Road 9. You also referred to a speed bump which was removed on 41# Avenue. There was not a speed bump constructed on 41' Avenue. This was damage to the street as a result of frost action on a storm sewer system. The storm sewer system and damaged street was repaired. Newly constructed County Road 9 will be completed and open to traffic in four to six weeks. This should return 41" Avenue to it's normal residential traffic level. In order to improve traffic safety on 41' Avenue until County Road 9 is reopened, I have requested the Public Safety Department to monitor traffic speeds before school opening when persons accessing the school may be using 41" Avenue. I wish to thank you for your comments in calling this to our attention. Sincerely, Fred G. Moore, P.E. Director of Public Works cc: 'Kathy Lueckert, Assistant City Manager Craig Gerdes, Public Safety Director PLYMOUTH 91 'Beau tifUtI,taCe ?olive G:W24QGENMUL\L11MFMDbmM.dx 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 i ClryL _�r- — Y -d' %o 1.o� ON >'w►::..\e �t O 00 O 00 N 00 M M r M �o N r-+ N •--+ N �--+ •-+ M O O O �0--�� oNp pO_� pO_� r-+ 0 Cp14 N_ O O O O 0 C\ �o m o� o� ON o� o� o� m M N M \ M ON \ ON \ \ V s H r•r N NN \ \ et N O M \ M N V s wl V'1 `nf O O O O O O O O O O O ON O\ C� G� O� O� m \10 C \ \O m \ \ \ \ \ •.i r„i O N N M M :...p� N N O .4 O O O O O O 0 Q� 0 0 ON N N M N N O O r-+ N N N N 1 1 1 j O O O 0\O 000 00 pO_� t O O O O O O O O ti:44i44'ii} i': N ^S' y � o •� ....>fr��:::r`^: c� °� 10 o'� ,moo y N U `�u/ �,,, •�, 'n �, y y •O 10 � ::.�i.'f� :}?:r:r�,•,i•'y' w7 I•�y/ QQ wl 11 rl � � •rl y � � � IVI i� iFL��^ � Cd :n C;o'.+'•. K: "� >1 ^° t�.y ^ Q] � !•.ti:•:.;.w• ba cqd 4 V y fly rA V Hc It 4. tcw% It :i k' .;:,6}::'3r.•.��y rr,�ao .�'•y waw ao ;ID .�� �g•�� V :� to r- ig :::vH�••••��v Hrr--llHdCZ av ri L) :ham •• S :: N ty y 10 .08 :?;•1,4,'::: F � FV FAV :`''•;off'::N � N Sr4dr' '''v 00 N N M Men M M M M M M M M OAF �Md _I-- % C'% . Will as aA 0 }i:•`•per � ' � Q ice_ V V \ Vi\ V Cp14� 92 Cd :AW - G:.'Fp'• > c '• rF i:g�,•',•,: In �•tifr �i''tiiSr: H i�jfr •:ff, National Advertising Company 6850 South Harlem Avenue Bedford Park, Illinois 60501-0903 312/496 6500 Fax - 312/496 6861 Mayor Joy Tierney City Hall 3400 Plymouth Blvd.. Plymouth, MN 55447-1482 September 18, 1996 t Dear Mayor and City Council: Media __I—i 5' -, Thank you for the opportunity to present the request of 3M Media for an exemption from your billboard ordinance. While we are, of course, disappointed by the ultimate outcome, we certainly appreciate your consideration of our request. At this time, we are considering the options available to us concerning our billboard permits. At a minimum, we wanted to advise you that we believe we have a right to the issuance of the permit for the billboard on the Toll property on Highway 55. As earlier outlined, that application was submitted in March 1996, and was in the process for several months prior to the adoption of the moratorium. Your own building official stated that all of the applicable regulations had been met. As such, we were entitled to the issuance of that permit administratively and that should not have been delayed pending the adoption of the moratorium. Accordingly, if the City, in its revision of the billboard ordinance, adopts a regulation that would prohibit or greatly reduce 3M Media's right to construct the proposed sign, we certainly would challenge that regulation as a denial of 3M Media's rights. Let me renew my offer to assist in the drafting of your billboard ordinance. Having over 20,000 billboards, we have had a great deal of exposure to varying city codes and would be happy to assist in any way in this effort. i John F. Provost National Real Estate Development/ Government & Community Affairs Manager JFP/js NWriemey.ltr me C16 Minnesota Pollution Control Agencv September 20, 1991 Mr. John Mathews AT&T 222 West Adams Tenth Floor Suite 100 Chicago, Illinois 60606 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: AT & T, 13320 15th Avenue North, Plymouth Site ID#: LEAK00009635 Dear Mr. Mathews: Notice of Release The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has occurred from storage tank facilities which you own and/or operate. We appreciate your timely notification so this site can be handled in an efficient manner. Legal Obligations Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release, investigate the release and, if necessary, clean up the release. A person is considered legally responsible for a tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. Mr. John Mathews Page 2 September 20, 1996 -= 5-6 If you are not legally responsible for the release, but hold legal or equitable title to the property where the release occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be directed to the Petrofund staff at 612/297-1119 or 612/297-4203. Request to Take Corrective Action The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance with the enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil and/or ground water contamination caused by the release. A report (Excavation Report and/or Remedial Investigation/Corrective Action Design (RI/CAD)) which details the results of the investigation or concludes that excavation was- sufficient to clean up the release must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for information pertaining to the amount of work needed at the petroleum release site(s). Sites with free product (free-floating petroleum), drinking water supply impacts, surface water impacts, indoor vapor impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the environment, are considered high priority for staff review. If one or more of these situations apply to your site, an RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free -product from a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the Petrofund staff that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Petrofimd staff. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Please note that, under Minn. R. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petrofund staff. Ski Mr. John Mathews Page 3 September 20, 1996 Required Response MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the requested work. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to comply, in which case the MPCA Commissioner may order you to take corrective action. Failure to cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board. See Minn. R. 2890.0065, subp. 1, item C. The enclosed fact sheets will provide you with the information necessary to complete a successful investigation and cleanup. If you have any questions concerning this letter or need additional information, please contact me at 612/297-8594. Please reference the above LEAK # in all correspondence. If you are calling long distance, you may reach the MPCA St. Paul office by calling 1/800-657-3864. Sincerely, i. essie E Project Manager Cleanup Unit II Tanks and Emergency Response Section Enclosures cc: Laurie Ahrens, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Greg Lie, Hennepin County Solid Waste Officer G ► n -'- Minnesota Pollution Control Agency September 20, 1996 Mr. Ron Larsen McQuey International 13600 Industrial Park Boulevard Plymouth, Minnesota 55441 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: McQuey International, 13600 Industrial Park Boulevard Site ID#: LEAK00009646 Dear Mr. Larsen: Notice of Release The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has occurred from storage tank facilities which you own and/or operate. We appreciate your timely notification so this site can be handled in an efficient manner. Legal Obligations Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release, investigate the release and, if necessary, clean up the release. A person is considered legally responsible for a tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. 520 Lafayette Rd. N.; St. Paul. MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. ,:r+ _�L Mr. Ron Larsen Page 2 September 20, 1996 If you are not legally responsible for the release, but hold legal or equitable title to the property where the release occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be directed to the Petrofund staff at 612/297-1119 or 612/2974203. Request to Take Corrective Action The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance with the enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil and/or ground water contamination caused by the release. A report (Excavation Report and/or Remedial Investigation/Corrective Action Design (RI/CAD)) which details the results of the investigation or concludes that excavation was sufficient to clean up the release must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for information pertaining to the amount of work needed at the petroleum release site(s). Sites with free product (free-floating petroleum), drinking water supply impacts, surface water impacts, indoor vapor impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the environment, are considered high priority for staff review. If one or more of these situations apply to your site, an RUCAD report must be submitted within 90 days. In addition, if you know or discover that there is free -product from a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim, free product recovery. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the Petrofund staff that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Petrofund staff. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Please note that, under Minn. R. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petrofund staff. Mr. Ron Larsen Page 3 September 20, 1996 Required Response MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the requested work. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to comply, in which case the MPCA Commissioner may order you to take corrective action. Failure to cooperate with the MPCA in a timely manner may result in reduced reimbursement from the Petro Board. See Minn. R. 2890.0065, subp. 1, item C. The enclosed fact sheets will provide you with the information necessary to complete a successful investigation and cleanup. If you have any questions concerning this letter or need additional information, please contact me at 612/297-8594. Please reference the above LEAK # in all correspondence. If you are calling long distance, you may reach the MPCA St. Paul office by calling 1/800-657-3864. Sincerely, essicaEbe ' Project Manager Cleanup Unit II Tanks and Emergency Response Section JN E:tf Enclosures cc: Laurie Ahrens, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Greg Lie, Hennepin County Solid Waste Officer Eric Poissant, West Central Environmental - - City of dpi e 9401 Fern September 23, 1996 Mr. Dwight Johnson G City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Dear Dwight: ys-d ,xrove, MN 55311-6180 612-494-6000 The Maple Grove City Council confirmed the Lake Quality Commission's recommendation to continue the 15 mile per hour speed limit on Pike Lake. The proposal from Plymouth property owners was reviewed and discussed. However, there was no support for any change given Pike Lake's size and the sensitive environmental areas within the lake. I believe this will conclude the issue for now. We will forward the decision onto the Department of Natural Resources for their information and records. Sincerely yours, on lam Ci Administrator JE:cjm cc: Ken Ashfeld Pam Paulson "Serving Today, Shaping lbmorrow" AN EQUAL OPPORTUNITY EMPLOYER Robert A. Burlingame David Burtness Irene C. Koski Donald J. Ramstad Mayor Councilmember Councilmember Councilmember ®Printed on Recycled Paper containing at least 15% postconsumer paper fibers LeAnn Sargent Councilmember