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Council Information Memorandum 08-09-1996
2 AUGUST 9,1996 UPCOMING MEETINGS AND EVENTS 1. COUNCIL MEETING SCHEDULE. AUGUST 12 6:00 P.M. SPECIAL COUNCIL MEETING WITH CONGRESSMAN RAMSTAD Public Safety Training Room AUGUST 14 7:00 P.M. SPECIAL COUNCIL MEETING Topic: 1997 Proposed Budget Public Safety Training Room AUGUST 21 7:00 P.M. REGULAR COUNCIL MEETING City Council Chambers AUGUST 28 7:00 P.M. SPECIAL COUNCIL MEETING Topic: 1997 Proposed Budget Public Safety Training Room 2. CONGRESSMAN JIM RAMSTAD TOWNMEETING, MONDAYAUGUST 12, 7. 00 P.M., Council Chambers. 3. PLANNING COMMISSION, TUESDAY, AUGUST 13, 7.00 P.M., Council Chambers. Agenda is attached. (M-3) 4. ENVIRONMENTAL QUALITY COMMISSION, TUESDAY, AUGUST 13, 7.00 P.M., Hadley Lake Room. Agenda is attached. (M-4) 5. EAST MEDICINE LAKE TRAIL PUBLIC MEETING AND OPEN HOUSE, MONDAY, AUGUST 19, 5:00,8:00 P.M., French Park Headquarters, 12615 County Road 9, Plymouth. The public notice is attached. (M-5) 6. CHARTER COMMISSIONMEETING, TUESDAY, AUGUST 20, 7.00 P.M., Public Safety Training Room. CITY COUNCIL RWORMA770N MEMO August 9, 1996 Page 2 7. MEETING CALENDARS — The August and September meeting calendars are attached. (M- 7) .'h..i �+ • Kn... ?iii' f:. f.}.;Yr .:••:' .� :.•ri{•.v.v�W.+::A%�ifi��f��OC�4i0'�iGt+:kl?rpt AO[vGCC'K^Hk�3C Ci��.G90?+••4�'�f •Y.•. ivi�r''n 1. CANDIDATE FILINGS — The city's notice of candidate filing dates and positions open on the City Council is attached. For further information on filing requirements, contact Laurie Ahrens, 509-5080. (I-1) 2. DRAFT AGENDA — Attached is the draft agenda for the August 7 regular council meeting. This will give you advance notice of some of the issues coming before you at future meetings. a-2) 3. MINUTES a. Environmental Quality Committee June 11, 1996 meeting. (I -3a) b. Planning Commission July 23, 1996 meeting. (I -3b) c. Planning Commission July 30, 1996 special meeting. (I -3c) d. Plymouth Charter Commission July, 30, 1996 meeting. (I -3d) e. Plymouth Human Rights Commission, August 1, 1996 meeting. (I -3e) 4. NEWSARTICLES, RELEASES, PUBLICATIONS, ETC - a. Promotional flyer for the August 10 Plymouth History Fest at Plymouth Creek Park, beginning at 10 a.m. (I4a) b. Invitation to attend the 20t` anniversary open house at Dana Corporation, 15905 Highway 55, from 10:00 am. - 3:00 p.m. Any councilmember planning to attend should let Laurie know by Tuesday, August 13. (I4b) 5. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE a. Letter to Jessica Deede, Andrea Patten, and Jennifer Hoff from Park Director Eric Blank responding to correspondence expressing concerns about tree cutting in the Mission Hills area. Attached is the original letter from the girls. (I -5a) A status report on the most recent correspondence is attached. (I -S) 6. CORRESPONDENCE a. Letter from the Minnesota Pollution Control Agency with notification of closure of a site file on a leakage at 10905 Old County Road 15. (I -6a) b. Letter to Joe Barrett from HRA Supervisor Ed Goldsmith regarding the new state Housing Improvement Area legislation that became effective August 1. (I -6b) N-3 rp) PLANNING CObMIISSION AGENDA TUESDAY, AUGUST 13, 1996 WHERE: Plymouth City Center 3400 Plymouth Blvd. 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 ACMUTF.S S. *CONSENT AGENDA 6. PUBLIC HEARINGS A. Marfield, Belgarde and Yaffe. Land Use Guide Plan Amendment, Rezoning, Preliminary Plat, Site Plan, Variances, and Conditional Use Permits for a Home Depot store to be located at the northeast corner of I-494 and County Road 6. (96075) B. Hutchinson Technology, Inc. Planned Unit Development Final Plan Amendment and Conditional Use Permit to allow two outside storage tanks for property located at 5905 Trenton Lane North. (96099) C. Dan Schrader. Variances to encroach 12 feet into the required 25 foot front yard setback for a three season porch and deck for property located at 1429 West Medicine Lake Road. (96100) D. Welsh Companies. Site Plan Amendment and Variance for a parking lot expansion at 14700 -28th Avenue North. (96101) E. David Johnson. Variance to allow a 10.5 front yard setback in order to construct a freestanding business sign at Oakwood Square located at 17435 County Road 6 North. (96102) F. Buhler, Inc. Site Plan Amendment to add a security fence, and Conditional Use Permit for outside storage for property located at 1100 Xenium Lane North. (96104) 7. OLD BUSINESS A. Zoning Ordinance Update S. A. City of Plymouth. Public Meeting on proposed ordinance to provide for noise source control in residential districts within the City. (96094) 9. 4 - ENVIRONMENTAL QUALITY COMMITTEE MEETING AGENDA Meeting No. 52 Tuesday, August 13, 1996 7:00 p.m. Plymouth City Hall 7:00 Call to Order/Chair - Rita O'Donnel 7:02 Approval of Minutes as Received 7:05 Announcements and Visitor Recognition 7:10 Reports / Up -dates 1. Report on July 9, 1996, meeting. 2. Surface Water Management Plan - Second Draft. 3. City Amphitheater/Sport Facility Landscaping Progress 4. Letter sent to area places of worship, Green Heart. 5. BWSR, Grant Application for Wetland Management. 7:45 New Business 1. Define a sustainable community. 2. Discuss impact on Plymouth and plan an action plan & Prepartion for the Grant. 3. How to establish natural areas in private Plymouth property. 4. Promoting Environmental Compliance among area Industry/Businesses, Paul Liebman. 8:50 General Discussion ** Future Discussion 1. Review City Council's priority future action towards preserving the environment 2. Check EQC's progress and propose a State of the Environment. 3. Review City ordinances and policies as they relate to environmental concerns (This will be handled as part of the Water Plan). 8:59 Adjourn %%Ciryyly\rot I\ENG%WfRQLTY%MINUTES�AGENS-I3.DGC M's NOTICE OF PUBLIC MEETING/OPEN HOUSE ON THE EAST MEDICINE LAKE REGIONAL TRAIL Notice is hereby given that a public meeting/open house on the East Medicine Lake Regional Trail will be held on Monday, August 19, 1996, from 5-8 p.m., at French Park Headquarters, 12615 County Road 9, Plymouth. The purpose of the open house is to allow interested persons the opportunity to view large drawings and details of the proposed trail sections. Staff will be available to answer questions. No formal presentation will be made. If you have questions, please call Parks and Recreation Director, Eric Blank, at 509- 5201. N q NO 'r M N O M 11WO 00 " |k |N � � . © e & k• Q �u /§ Ik\t §k Ik t- $ v 8 § � W En N K . ��sn■= -nn■ 00 00 2--:A■ -s;■ 00 © a `P |„ � m§■? /__ :s■ E � Ntt A % / . ■ a0a § $k� K \ Vg F. 3 En NOTICE OF CANDIDATE FILINGS CITY OF PLYMOUTH Affidavits of Candidacy for election of the following offices for the City of Plymouth may be filed with the City Clerk commencing on Tuesday, August 27, 1996, through Tuesday, September 10, 1996: Mayor (two-year term) At -Large Councilmember (four-year term) Ward 1 Councilmember (four-year term) Ward 3 Councilmember (four-year term) Filings may be made weekdays from 8:00 a.m. to 4:30 p.m., and from 8:00 a.m. to 5:00 p.m. on the last day of filing - September 10. The City Center will be closed on Monday, September 2. The City election is scheduled for Tuesday, November 5, 1996. For further information on filing requirements, please contact me at 509-5080. Laurie Ahrens City Clerk DRAFT . 2 oaiosiss 3:32 PM CITY OF PLYMOUTH AGENDA REGULAR COUNCIL METING AUGUST 21, 1996 I. 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 IS 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 qfflcial 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. A. Approve City Council Minutes B. Approve Disbursements C. Establish City Hall Business Hours * Items require 5 affirmative votes of the City Council for approval. REGULAR COUNCIL MEETING August 21, 1996 Page 2 D. Approve Planned Unit Development Final Plan/Plat for Plum Tree. Lundgren Bros. Construction. (96103) E. Approve Amendment to CDBG Agreement with Heartland - Plymouth Lakeview Commons, LLC. F. Approve Site Performance Reduction/Release: 1) Parkers Lake North 100' Addition (93067) G. Approve Joint Powers Agreement with City of New Hope for Inter -City Storm Sewer Improvements H. Award of Bid for Ice Arena Curb and Gutter 7. PUBLIC HEARINGS A. Application of Lucky Star, Inc., for on -sale 3.2 malt liquor license at 10820 Highway 55 (formerly Chin Yung Restaurant) 8. GENERAL BUSINESS A. Request to consider alternative options and timetables for extending sewer service beyond current MUSA boundaries (requested by Council member Lymangood) B. Discuss Mayor's Travel to National Conference 9. REPORTS AND STAFF RECOMMENDATIONS A. Pedestrian Traffic Signal on Northwest Blvd. at Bass Lake Playfield 10. ADJOURNMENT Note: The City Council meeting agenda is now regularly listed at the City of Plymouth site on the Internet ( http://www.ci.plymouth.mn.us/council/agenda index.html). If you can access the web site, and no longer wish to receive the agenda by mail (saving on printing and mailing costs), please notify us at 509-5054. Thank you! * Items require 5 gffarmative votes of the City Council for approval. t -3e ENVIRONMENTAL QUALITY COMMTTEE Meeting No. 50 Tuesday, June 11, 1996 7:00 p.m. MEMBERS PRESENT: David Shea, Rita O'Donnell, Bob Swanson, Mary McKee, Staff Ex -officio Shane Missaghi, Ex -officio John Barten, Hennepin Parks, Council Member Ginny Black. MEMBERS ABSENT: Bridget Jodell, Martin Frank, Paul Liebman. VISITORS: Mark Lobermeir and Marjorie Vigoren. Minutes were edited for commas, name corrections and wording in the stenciling section. It was noted, once again, that John Barten's title is Hennepin Parks. Dan Faulkner should not be listed as absent. Dave moved to approve the minutes as amended and Bob seconded. Marjorie Vigoren from the Solid Waste Department and Mark Lobermeier from SEH were welcomed as visitors. Dave commended Marjorie on the environmental extra that was in the Plymouth News, saying that the section was very good and much appreciated. The next issuewill come in July featuring news you can. reuse. Shane mentioned that he and Dan Faulkner were interviewed by Channel 12 on Plymouth's water quality. REPORTS/UPDATES Mark came with hand outs that described the public informational meetings (see attached). He is also focusing on getting a final draft of our plan back to the committee for the next meeting. Dave asked about the presentation to City Council. Mark explained that it has been delayed so that they could review substantial data that they will receive beforehand. Tentative work sessions are being scheduled as the Planning Commission wants to be involved in the review of the data. They will also need a public hearing so the schedule has now grown into October or November for the final presentation to Council. Ginny offered that the report may not take more than two weeks to be returned. G:%ENG%VIrMQLTY%M INUTFMMIN6.11. DOC PAGE NO. 2 1-3a Mark presented two copies for the group's input. There was a question on using a common header throughout the report. The bulk of the management plan will tell what we are going to do with developing Elm Creek and the already established Shingle Creek, Bassett and Minnehaha Water Sheds. Mark explained the rest of the Table of Contents and asked the group about how to make it user friendly. Beth Nixon's Wetlands Ecosystem Outline was in one section. Another focused on objectives, policy and management plans. The rest of the report will be divided by developed and undeveloped land areas which will be divided according to watersheds. A lot of space will be devoted to Elm Creek since it is undeveloped and there will be more opportunity to be proactive and set barriers to protect the area. The developed areas are where we will want to fix what is broken. The water bodies will also be divided out. A seamless coverage report, he has discovered, will not make for easy use. Rita wanted to know if we had any feed back on the building of the new high school as it impacts Elm Creek. She noticed that there was a large amount of soil washing down from the construction area. She was hoping that the construction problems will not impact the purity of Elm Creek. Mark stated that the plan will not be static in time, since development will continue to occur. He was encouraged that the high school was to move than two stories and encouraged more vertical construction to cut the impervious surfaces. Ginny stated that Met Council will allow growth to continue the way it has, but they will not cut it off entirely either. We are looking at doing house clustering and greenways. We will need to educate to cut out impervious purposes. The report will be back to the committee in three weeks complete with text and tabs. Ginny felt that the goals, policies and implementation should be grouped together. Mark stated that no one ever looks at them ... he wants the problems up front and how they plan to attack them, e.g. "We plan to make Parkers Lake a swimmable lake and this is how we will go about doing it". Marjorie suggested that the report should start with the Mission Statement and refer the reader to turn to a separate section to read about the statement goals for such a plan. Ginny wanted to know if the report would go past the level of lake description. She was assured that the wetland inventory will be included along with eight sub - watersheds. Shane said we will have a ninth section that covers other but no description will be included. Ginny asked about obtaining data. Mark stated we have a wealth of existing data but he doesn't know how much we want to include in the plan. Dave felt that it would be very important to let people know how they can access G:%ENG%WTRQLTY%M1NUTES%MIN6.1 LDDC PAGE NO. 3 this information if they chose to do .so (electronically?). Mark stated this could be down the road. Bob wanted to know if there was going to be a developer's section and how large it was going to be. The Lake Management Plans and the ground water frame work will be ready at the end of the week. We are looking for more input before it is finalized. Public input is the next big step. Rita thought that we should each call ten people and remind them about the public meeting. Mark stated we need an informational number to have input. Mary suggested a phone line might be dedicated to comment on the plan at City Hall to leave messages. No questions are taboo even when we might need to talk about financing. Rita thought we might discuss a hot line at our next meeting and about giving out the committees' numbers. Marjorie mentioned that when they were going to raise the fees for recycling they used Focus groups and a questionnaire. Next month we are not scheduled to meet as we will be working at Music in Plymouth. The group felt that it was important that we meet. A motion was made an seconded and passed. mark will mail us the final draft. Dave Shea commended Marjorie for ordering us a perfect day, we all got plenty of color and sold 400 bags of fertilizer. Now we have about $2,000 that can go to the tree planting. We have seven bags left. We get calls after the fact and it was available to be picked up at the Yard Waste Site. Logistics were very smooth except Mary felt that the charge should be more reasonably multiplied. Marjorie was excited to see people participating in the recycling part as well. We were able to use the construction stuff. There were about 700 cars. There were men there that took the usable electronics, one for the reliability center and the other for resale. Dave wanted to know if it was broke even. Marjorie stated it was pretty much an even break. Rita wanted to know if the illegal dumping has been cut down and Marjorie stated that the street workers say that there has been a reduction. Rita asked for the committee's recommendation on Pike Lake, there were three proposals and they turned down our recommendations. The City Council chose that City staff has to petition the City of Maple Grove to allow water skiing on Pike Lake on Saturdays and Sundays until 6:00 from Memorial Day through Labor Day. There was a question on action on the possible closing of South Shore Drive on South Medicine Lake Drive. Ginny stated that they did not close the road and laid out a number of options that have been proposed throughout the years that the City of Medicine Lake has never implemented. We want a list of options by July 24 to bring to the sub -committee that was name to work together with the City of Medicine Lake. G:%ENG%VVrrRQLTY%MINUTES%MIN66I LDDC PAGE NO. 4 / The City of Medicine Lake didn't think there was any problem at the stated location but it was on Highway 55. Decision was left open and a resolution may still come forward to close South Shore Drive. Public hearing on Wednesday, June 19 on closing on East Medicine Lake Boulevard. Shane stated that $20,000 has been set aside for environmental education, etc. He suggested that we should talk about priorities and about Marjorie and Kris' calendar at the August meeting. Music in Plymouth is Tuesday, July 2. It starts at 3:30 and we need to gather about 4:00 Dave stated that Eric discouraged him from bringing the Environmental Health Display. We need to be low key, small and self contained. Dave stated that it might be an opportunity to continue gathering public input. Shane stated we need to have the pump and Bob suggested that we have an actual stencil there. Music in Plymouth's work schedule is 1 1/2 hours for setup for Mary and Dave (4:00 to 5:30), 1 1/2 hours for Rita and Bob (5:30 to 7:00), 1 1/2 hours for Ginny and Martin (7:00 to 8:30). A sub -committee of Marjorie, Mary and Shane will meet next week to plan for Music in Plymouth. NEW BUSINESS "Sustainable Communities" meaning was on a handout from Ginny Black. It was a definition that she down loaded for, the Internet. The group began discussing modifications and it was suggested that we continue the discussion at the next meeting. Sustainable Community in Plymouth readings report: 1. Paul - Common Ground: Dave stated that this is a piece which is a general service document and easily used as a common workbook. (Ginny will provide more for next time) 2. Rita - Aquatic Vegetation: last year we got an Aquatic book to plant for buffers along wetlands as a neutralizer. These plantings encourage use of native species and it will improve water quality. 3. Bridget - Green Up Landscaping: using green spaces as a comprehensive resource base line. Contains material and suggestions for implementation. I suggest it as a start and would like to provide reprints for teachers as well as supply it to the news letter. 4. David - Waste -Wise: this is a program done through the Chamber of Commerce for recycling and waste reduction. 100's of business are involved. Twin West bought into Waste -Wise and has a sub -committee that is working to G:1ENG%WMQL'MM INUTES%MIN611. DOC PAGE NO. 5 promote it for the surrounding communities (Ginny would like us to jump into Waste -Wise as a good starting point). 5. Mary - Green Heart: I suggest that this piece be supplied to the churches in Plymouth along with a list of potential speakers. It would be good to encourage them to get a church school program going and remind them to use good recycling practices in the maintenance of their grounds and the workings within their building. The group agreed that this mailing should be requested and done soon. I would be happy to write a cover letter if you would like. someone suggest that Pastor Wayne Peterson would be a good one to spearhead this project as he has been so good to work with on the fertilizer sale. 6. Martin - Common Ground and Reusable: covered under Paul's report. 7. Bob - Green Cuisine: it is about Minnesota agriculture. It deals with maintainable or withstandable environments. The report point out that 2/3 of the lad is agricultural but 60% of that is too rocky, dry or wet to farm. Green Cuisine asked us to eat healthy foods that are environmentally grown on land that uses sustainable farming practices. These practices will improve the land and the environment by rotating crops and eliminating chemicals. It is important to get community support. Locally grown is better and 2,000 miles closes. My sensitivities have been raised by just reading the piece. Organic farming in Minnesota is food that comes from ground that has been free of chemicals for more than three years. Dave referred us to the Elm Creek's focus fits under this umbrella. Plymouth might be able to do something like what is going on in White Bear Lake ... a farmers market downtown and it is the focus of the community. It is good economic activity and cuts down on waste Shane wants to revisit this next meeting (weed ordinance). He will have the material next time for us to talk about and the ordinance will be sent in the packet. We will be talking about devoting parts of our yard as well as City properties, such as the school and the new library (Council voted for to sod the library three years ago and now it is prairie grass). GENERAL DISCUSSION Ginny passed out the pamphlet on the control a home owner guide suggested as a Music in Plymouth piece. GAENG%WMQLTY%MINUTES\MIN6.1 LDDC PAGE NO. 6 _- 3a French ReLyio al Park & Stenciling Program Rita and Tim Anderson, who is a naturalist at French Regional Park, were in to pick up out stencils. We will provide the first box of paint and he will implement a program in this area. The stencils will be used up stencils at $70 each. Mary moves that we adjourn, Dave seconds, it passes. The meeting was adjourned at 9:55 p.m. Minutes submitted by Mary McKee. G:%ENG%WMQLTY%MINUTMMIN6-I LDOC CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JULY 239 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe (arrived at 7:12 p.m.), Saundra Spigner MEMBERS ABSENT: Commissioners Roger Berkowitz and Jeff Thompson STAFF PRESENT: Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 7:04 p.m. 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Spigner, seconded by Commissioner Ribbe to recommend approval of the June 25, 1996 and July 9, 1996 Planning Commission Minutes. Vote. 4 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA No items. 6. PUBLIC HEARINGS A. ROY JOHNSON (96021) Chairman Stulberg introduced the request by Roy Johnson for Variances to reduce the front yard and lake shore setback requirements for property located north of 30th Avenue and west of East Medicine Lake Boulevard. Planner Drill gave an overview of the July 16, 1996 staff report and presented a short video tape of the variance site. Commissioner Ribbe asked what is the degree of physical constraints related to the slopes. Planner Drill responded that the elevation of the parcel drops about 20 feet Planning Commission Minutes July 23, 1996 Page #165 111.36 from the street level to the lake. The topography of the slope is at about a 30 percent grade. Chairman Stulberg introduced Roy "Larry" Johnson, the petitioner. Mr. Johnson commented that there are discrepancies in the staff report. He stated that he has owned the property since the late 1970s. Mr. Johnson stated that the parcel is a buildable lot. He stated that this is a hardship on him personally. Mr. Johnson commented that there is nothing across the street except for a log cabin and an older home. There is a newer home down the street. He wanted to know how staff could know that the proposed dwelling would have adverse effects on the surrounding properties and the values within the neighborhood. Mr. Johnson wanted to know if the City or Hennepin County has any plans for the area from the street to the lake. Mr. Johnson stated that he received a variance for a front yard setback of 20 feet for his existing home, not 18 feet as indicated in the staff report. Chairman Stulberg asked if the setback to his existing house is 18 feet or 20 feet. Mr. Johnson replied that the setback to the garage door is 20 feet, but the house is actually set back only 18 feet from the street. Chairman Stulberg asked if the variance for the house, not the attached garage, was approved at 18 feet. Mr. Johnson responded affirmatively. Chairman Stulberg asked when Mr. Johnson purchased the property. Mr. Johnson replied he was not sure of the exact year, but thinks it has been since the late 1970s. Mr. Johnson stated that the City put in a drainage system on his property, and he wanted to know when the City was going to remove it. In response to questions/issues raised by Mr. Johnson, Planner Drill replied that he is not aware of any proposals for Mr. Johnson's property by the City. Mr. Johnson stated that he has not received any offers of purchase by the County or the City. Planner Drill stated that the staff report refers to 1988 as the year Mr. Johnson acquired the property because Mr. Johnson indicated to staff that he has owned the property since 1988, and County records also indicate that. Chairman Stulberg noted that the parcel is not a buildable lot as suggested by Mr. Johnson, unless the variances are granted. Chairman Stulberg asked Mr. Johnson if the property was initially recorded under another name. Mr. Johnson replied affirmatively. Planner Drill explained that in order to have a hardship, the parcel has to have unique conditions specific to it that are not shared by other lots in the vicinity. Staff looks at physical surroundings, shape and topographical conditions. There are not unique conditions related to the parcel that are not shared by other parcels in the neighborhood. Planning Commission Minutes July 23, 1996 3 Page #166 Additionally, all parcels abutting the shore of Medicine Lake have been subject to the 50 -foot setback requirement since 1982. Supervisor Senness noted that placing the home so close to the lake would increase the runoff into the lake because the home would result in additional impervious surface. City Engineer Faulkner stated that he is not aware of any drainage problems in the area and there are no plans to do anything with the drainage. Mr. Johnson stated the City is using his land for drainage and he is paying taxes'on it. He added that the City did not notify him before putting in the drainage system. He thought the drainage system was put in during the late 1970s. Chairman Stulberg directed City Engineer Faulkner to check into the situation before the item goes before the City Council. Commissioner Stoebner asked if Mr. Johnson recalled purchasing the property, and when it was purchased. Mr. Johnson replied that he thought it was around 1977. Commissioner Stoebner asked if there was a closing. Mr. Johnson replied that he purchased the property from Carl Johnson, who later changed his name to Carl O'Berg, and there was litigation. The deed did not get recorded right away, but he is the grantee. Commissioner Stoebner asked if Mr. Johnson received a variance on his existing home, and if so, when it was approved. Mr. Johnson replied that a variance was approved for his property in 1976 or 1977. Commissioner Stoebner asked if the variance was for the house that Mr. Johnson currently owns. Mr. Johnson replied affirmatively. Commissioner Stoebner asked if the proposed home would have the same floor plan as the existing home that Mr. Johnson currently lives in. Mr. Johnson replied that there would be some changes, but basically the same. Commissioner Stoebner wanted to know if City staff had looked at the history of the other variance granted. Planner Drill replied affirmatively, but noted that the Shoreland Overlay District was not in effect at that time. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Diane Keller of 3030 E. Medicine Lake Boulevard. Ms. Keller stated that she lives across the street from Mr. Johnson. She was surprised to hear about the proposal, as she thought Hennepin County was going to be putting in trails along the lake, as indicated at a neighborhood meeting held last spring. She added that citizens were told at that meeting that Hennepin County has the money to buy the existing homes. Ms. Keller commented that a lot of people walk along the road and the traffic and road conditions make the area very dangerous. She added that there is not enough room for parking. Chairman Stulberg introduced Jon Stoeckmann of 3050 E. Medicine Lake Boulevard. Planning Commission Minutes r_ July 23, 1996 Page #167 Mr. Stoeckmann stated that his father owns the property across from Mr. Johnson. Mr. Stoeckmann stated that since Mr. Johnson built his existing home, it blocks the view of the lake from his father's property. He said if the proposed home is built, it would further block their view of the lake, and subsequently affect their property value. Mr. Stoeckmann stated that the variance should be denied as the lot is not buildable due to the setback requirements. Chairman Stulberg closed the public hearing. In response to questions/issues raised, Planner Drill stated that he does not know of any plans for the subject parcel. Planning Supervisor Senness stated that the City is not currently in any negotiations to buy the property that she is aware of. Staff based their report on the variance standards of the Ordinance and not on speculation of what may happen in the future. Commissioner Bildsoe wanted to know if staff based their denial decision on the letter from the Department of Natural Resources (DNR). Planner Drill explained that the DNR was instrumental in working with the City to develop the Shoreland protection regulations. He noted that the DNR's position to oppose the variance comes in the form of a recommendation, and that the City Council makes the ultimate decision. In response to questions raised by Mr. Johnson regarding why staff felt the variance standards for items #5 and #6 were not met, Planner Drill stated that two neighbors spoke at the public hearing with concerns about the proposal. One of the neighbors stated that their property value would be affected based on the loss of their view of the lake. He added that the comment "community as a whole" in the staff report related to runoff and water quality, as the adverse impacts would go beyond the boundaries of the neighboring properties. Mr. Johnson stated that either the City or the County has come through to survey for a jogging path. He stated that he feels there is something in the works and that there are ulterior motives that he is not aware of. City Engineer Faulkner asked when the survey was done. Mr. Johnson replied 8 to 10 years ago. City Engineer Faulkner replied that he was not involved in any survey, so he could not address that. Chairman Stulberg added that the Commission is not aware of any other plans, and regardless, would have to look at the request based solely on the Ordinance. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending denial of the Variances for Roy L. "Larry" Johnson for property located north of 30th Avenue and west of East Medicine Lake Boulevard. Planning Commission Minutes r July 23, 1996 Page #168 Chairman Stulberg stated that there are many instances that the Commission does not go along with the staff recommendation. He noted that a resolution to approve the variances is also included in the staff report. Commissioner Ribbe asked if the Commission is to base their recommendation solely on the issues that revolve around the setbacks. Chairman Stulberg replied that the issues concerning traffic, view, and property values are all part of the variance criteria, and can be considered in the Commission's recommendation. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Stoebner voted Nay). B. HOLLE CONSTRUCTION CO., INC. Chairman Stulberg introduced the request by Holle Construction Co., Inc. for a Mixed Planned Unit Development Preliminary Plan Amendment, Final Plan Amendment and Conditional Use Permit Amendment for a 19,200 square foot building addition for Burgess Industries located at 2700 Campus Drive. Planner Keho gave an overview of the July 19, 1996 staff report. Chairman Stulberg asked if a Variance was granted, how do we take that right away now. Planner Keho explained that in the Zoning Ordinance Section on Variances, the code state that if regulations change, they would have to come back for Variance approval again. If the regulations had not changed, the applicant would have been able to move forward with the project. Chairman Stulberg introduced Jeff Holle, the petitioner. Mr. Holle stated that he concurs with the staff report. He stated that there is a 4,800 square foot mezzanine in the building. Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of an MPUD Preliminary Plan Amendment, Conditional Use Permit Amendment and Final Plan Amendment for Holle Construction Co., Inc. for property located at 2700 Campus Drive. Roll Call Vote. 5 Ayes. MOTION carried unanimously. Planning Commission Minutes July 23, 1996 ?Z" 3 b Page #169 C. HENNEPIN COUNTY PROPERTY SERVICES (96090) Chairman Stulberg introduced the request by Hennepin County Property Services for Site Plans, Conditional Use Permits, and Variances for a public driving range and landscape nursery on the Hennepin County Adult Correction Facility site located east of Vicksburg Lane, west of Shenandoah Lane, and south of County Road 6. Senior Planner Keho gave an overview of the July 19, 1996 staff report. Commissioner Bildsoe commented that there is already a problem with crossing Vicksburg on the Luce Line trail. He asked how the traffic study was done. Senior Planner Keho stated that the traffic studies indicated that there would not be any adverse impact from the proposal, as there would not be a significant increase in traffic. City Engineer Faulkner explained that the traffic consultant checked with other driving ranges in the metropolitan area to accurately project the daily vehicle trips. Commissioner Bildsoe asked about the possibility of linking optional improvements to the Luce Line Trail crossing to the approval of the proposal. Senior Planner Keho replied that Commissioners could ask for a particular option, but that staff has been working with the County relating to the issue. Commissioner Bildsoe commented that he would like to see Option A attached to the approval of the request. Commissioner Bildsoe asked if the public would be in more potential danger with the people from the workhouse working in the nursery. Commissioner Spigner asked why the log cabin is tied to the approval of this project. Senior Planner Keho responded that the building is hazardous and the County would like it removed. Commissioner Ribbe asked if the driving range will allow use of any type of golf club. Chairman Stulberg introduced Shirajoy Abry, representing the petitioner. Ms. Abry thanked City staff for working with them on the proposal. She asked for an extension to December 31, 1996 for removal of the log cabin. The County is talking with the Plymouth Historical Society to see if any parts are available for reuse in the replication. Ms. Abry asked if latitude could be given to Item 2D of the resolution, as they are in discussion with Hennepin Parks to operate the driving range, but it would be premature to commit to that. Chairman Stulberg asked if staff would concur with that request. Senior Planner Keho replied affirmatively, as the ordinance reads that the property be owned or operated by a governmental body. Planning Commission Minutes July 23, 1996 Page #170 Chairman Stulberg introduced Damon Farber, representing the petitioner. Mr. Farber stated that his firm was asked to address concerns of surrounding properties for additional landscaping for berming. They have been working on this over the past year. They came up with a landscape nursery and a driving range. The nursery would allow the County to plant their own native trees and plants instead of buying outside. Developing the driving range would be beneficial to the public, and a good source of revenue for the County. Mr. Farber stated that they met with residents of the neighborhood on June 24. Some of the concerns raised by the neighborhood pertained to fencing, traffic, lighting, fertilizer, and safety. There is an eight -foot high fence proposed for around the nursery to keep deer out. There will be a four -foot high ball catching fence around the driving range. There may be residents of the workhouse working in the nursery, but not in the operation of the driving range. Mr. Farber explained that the only lighting that exists is the security lighting on the building itself. The nursery and driving range will be gated on Shenandoah Lane and Vicksburg Lane. The applicant has agreed to move the entrance further away from the Luce Line Trail. Mr. Farber stated that the 50 -foot high fence is black cloth netting, which would be taken down during the winter. The impact of the fence is reduced by the berm, as the fence will be inside the berm on the Adult Correction Facilities' property. Mr. Farber stated that their intent is to keep. the driving range grounds as organic as possible. Mr. Farber stated that the driving range will not be restrictive in what types of clubs can be used. The tees have been turned to the north and east away from the road within the fenced area. Chairman Stulberg introduced John Skavnak, representing the petitioner. Mr. Skavnak, Division Manager of the Adult Correction Facility, stated that there have been numerous inmates working on the property over the years, with 125-130 working on a given day. He anticipates that no more than six to eight inmates at any given time would work at the nursery, with the exception of spring planting and harvesting time. There will be no inmates working at the driving range, except for maintenance of the greens and picking up balls. He explained that there is a classification system used to rate inmates - Level 1 thorough 4, with 4 being the more at risk. Any inmates that work outside at the facility are classified a Level One. Level One inmates are people that have traffic convictions or are short-term offenders. Commissioner Spigner stated that it was her understanding that the nursery and driving range were to be a means of providing a "productive day". Mr. Skavnak explained that a "productive day" means that the facility use inmates for resident services to cut costs for their incarceration. Mr. Skavnak confirmed that inmates would be used at the nursery and at the driving range for upkeep of the range. Planning Commission Minutes July 23, 1996 Page #171 Commissioner Spigner asked if the money generated by the nursery and driving range will affect residents' taxes at all. Mr. Skavnak replied that no money goes back to the Adult Correctional Facility, but rather directly back to the County. The more revenue generated, reduces the tax levy. Commissioner Ribbe asked if the nursery will be retailing. Mr. Skavnak responded that they will not be retailing, but rather looking at other governmental agencies for their customer base. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Tom Sorbel of 1180 Weston Lane. Mr. Sorbel stated that he lives across Vicksburg Lane from the proposed driving range. Mr. Sorbel stated that he is concerned with the increase of traffic -and the noise from traffic and from machines used to maintain the driving range. Mr. Sorbel wanted to know who is libel for damage caused to private property due to flying golf balls. Mr. Sorbel asked if there will be lighting by the sign, and if the lighting by the building is downward. Mr. Sorbel stated his concern with security. He had previously suggested that the Adult Correction Facility use a radio transmitter on site to warn surrounding residents if there is an escape. He stated that if there is money to propose a recreational use, there should be money available for communication with neighbors on an escape. Mr. Sorbel wanted to know if the proposal will negatively impact the property values in the neighborhood. Chairman Stulberg introduced Steve Rudin of 16205 County Road 6. Mr. Rudin stated that when he purchased his property he knew that traffic was a concern. Mr. Rudin stated that he is in favor of the project, and is eager to see the land put to good use. Mr. Rudin agreed that the Luce Line Trail crossing in general is a problem, and it needs to be addressed somewhere down the line. He stated that this proposal should not impact it any further. Mr. Rudin thought that the way the tees are proposed to be aligned, it would be very unlikely that golf balls would go over the fence into the neighboring properties. Chairman Stulberg closed the public hearing. In response to questions raised, Mr. Skavnak stated that there is a notification system that consists of a calling list of surrounding residents, which is supplied by the Public Safety Department. The calling list is activated when there is an escape. Mr. Skavnak stated that he did ask other colleagues what type of system they use to alert the neighbors. No other facility uses a system similar to what Mr. Sorbel suggested. Mr. Planning Commission Minutes July 23, 1996 Page #172 -3-6 Skavnak stated that the last escape from the secure facility occurred in 1994, and the calling list was activated. Chairman Stulberg introduced Tom Whitlock, representing the petitioner. In response to questions raised, Mr. Whitlock stated that the light source for the building is positioned under the eaves, and is motion activated. There is one proposed light that will be aimed toward the Adult Correction Facility property that will be an uplight by the sign to promote the facility. The source of the light will be hidden. Relating to noise issues, Mr. Whitlock stated that you should not be able to tell the difference from the current noise, as there are currently mowers on site for maintenance, and close to 10,000 vehicles on Vicksburg Lane. The golf ball picking machine will be an electric golf cart and the noise is minimal. There will be one additional mower for the driving range. Regarding who is responsible for potential damage caused from flying golf balls, Mr. Whitlock stated that the individual hitting the ball is libel. There will be visual surveillance of the driving range tee box area to monitor any potential problems. Ms. Abry stated that the County is also concerned with liability issues, and she will obtain more information from their legal department. Chairman Stulberg stated that she should forward the information to City staff before the item goes to City Council. Commissioner Spigner disclosed her affiliation with Hennepin County. No objection was raised by other Commissioners. MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe recommending approval of the Conditional Use Permits, Variances and Site Plan for Hennepin County for property located at the Adult Correction Facility. MOTION to Amend by Commissioner Bildsoe, seconded by Commissioner Spigner to add a new Condition #6 requiring that improvements be made to the Luce Line Trail crossing, which could include crossing signage, pavements markings and overhead lighting, at staffs' discretion. Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Spigner, seconded by Commissioner Bildsoe to add new Condition #7 stating that "no juvenile residents without adult certification shall be allowed to work on either site". Commissioner Spigner explained that juveniles sentenced as adults would benefit from working at the nursery and/or driving range. Planning Commission Minutes July 23, 1996 Page #173 ']'E_ 3 b Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Bildsoe to change Condition #2d to read "The driving range shall be owned or operated by a government agency." Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Stoebner to amend Condition #5 extending the time to remove the log cabin to 12 months. MOTION failed due to lack of a second. MOTION to Amend by Commissioner Stoebner, seconded by Commissioner Bildsoe to change Condition #5 to extend the deadline to December 31, 1996 for removal of the log cabin. Roll Call Vote on Amendment. 5 Ayes. MOTION carried unanimously. Roll Call Vote on Main Motion as Amended. 5 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 9:25 p.m., and reconvened the meeting at 9:37 p.m. D. PLYMOUTH PONDS DEVELOPMENT, LLC (96095) Chairman Stulberg introduced a request by Plymouth Ponds Development, LLC for a Conditional Use Permit to allow a Participative Athletic Use in an industrial building located at 3555 Holly Lane North. Planner Drill gave an overview of the July 18, 1996 staff report. Planner Drill commented that staff did receive letters concerning additional traffic and noise. He stated that there will not be a noticeable increase of traffic to Medina Road. City Engineer Faulkner concurred. Commissioner Spigner questioned why an athletic program would consider an industrial site for their business, rather than a site in the downtown Plymouth area in close proximity to Life Time Fitness. Planner Drill stated that this type of use works well in an industrial building because of the availability of large spaces with high ceilings. He noted that participative athletic use is allowed in the Industrial District with a Conditional Use Permit. Planning Supervisor Senness concurred that it is an appropriate use in an industrial area, provided certain conditions are met. Planning Commission Minutes July 23, 1996 Page #174 T -3b Chairman Stulberg introduced Mike Leuer, representing Plymouth Ponds Development LLC. Mr. Leuer stated that the proposal for a participate athletic use will be a good mix for the industrial site, and that they should be a good long-term tenant. Mr. Leuer stated that he did agree to meet with several of the surrounding residents before the meeting to address their concerns. Chairman Stulberg introduced Mary Sansevere, representing the petitioner. Ms. Sansevere stated that she also talked with residents prior to the meeting. She stated that the primary users of the facility will be children 8 to 15 years of age that will schedule individual or team appointments for cheerleading instruction. There will be a lounge with a viewing area for parents to stay and watch. She anticipated that there would be 25 people per hour at full capacity. The days of operation will be Monday through Friday for scheduled appointments, with Saturdays limited to special events. Commissioner Stoebner asked if Ms. Sansevere operates any other facilities. Ms. Sansevere replied that they currently use a Northwest Health Facility through their affiliation with the Minnesota Timberwolves. Ms. Sansevere stated she normally goes directly to the individual schools for team training. Ms. Sansevere commented that by having their own facility, it allows them greater control over the atmosphere, and the proper floor support, mirrors, and other non-portable equipment. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter from Andy Jones of 3430 Jewel Lane North indicating his opposition to the proposal due to teenage drivers going to and. from the facility. Chairman Stulberg introduced a letter dated July 22, 1996 from Laurie T. Jones of 3430 Jewel Lane stating her opposition to the proposal. Ms. Jones' letter states her concerns with parking spaces available on the site to accommodate the overlap of business hours. In her letter she asked if it is a wise idea to introduce additional traffic to an area where the amount of traffic is critical to the safety of the adjacent residential neighborhood. Ms. Jones stated in her letter that she is concerned with students driving themselves to Planet Spirit, and the potential loitering that will happen. She stated that this business would be better suited in a business neighborhood where the person that is waiting could patronize adjoining businesses. Ms. Jones also stated that noise from traffic and the clientele is a concern. Chairman Stulberg introduced a letter dated July 23, 1996 from Susan S. Rugh of 3440 Jewel Lane. He stated that since Ms. Rugh is in attendance, she could speak for herself. Planning Commission Minutes July 23, 1996 �� 3 b Page #175 Chairman Stulberg introduced Susan Rugh of 3440 Jewel Lane North. Ms. Rugh stated that she sent a letter accompanied by photographs of her view from her deck for City staff and Commissioners to review. Ms. Rugh stated her dismay over not being invited to attend the meeting between the petitioner and neighboring residents, as she certainly would have been happy to discuss her concerns with the applicant before the meeting. Ms. Rugh stated her opposition to the granting of a Conditional Use Permit due to evening traffic that would interfere with her family activities, such as eating dinner on their deck, or enjoying their yard. She stated that the planned development would cycle teenagers in and out on an hourly basis, increasing the amount of traffic and noise on her street. She stated that the developers/owners have failed to control the traffic and workers associated with the current tenants, as trucks routinely enter and exit at the driveway marked "no trucks". Employees have taken smoking breaks on her property, to her great annoyance, which is an invasion of privacy and constitutes trespassing. Ms. Rugh stated that the project alters the proposed land use for commercial purposes. She stated that residents were assured by the City that the proposed industrial park would be limited to daytime traffic. She stated that to approve the project not only infringes on her rights, but it is also un-American. Chairman Stulberg closed the public hearing. Chairman Stulberg asked if the meeting between Mr. Leuer, Ms. Sansevere and residents was preplanned. Mr. Leuer replied that he received a call from a resident requesting that they get together before the meeting. Mr. Leuer agreed to meet with the resident at 6:30 p.m. Mr. Leuer stated that the individual spread the word that he would be available before the meeting to answer questions and address issues the residents may have. Ms. Sansevere stated that she would be willing to incorporate a "no loitering" in their standard list of rules for individuals that sign up for instruction. She stated that her experience has been that most people do not hang around outside. They would come into the facility and wait in the waiting area or be in the warming up area. Chairman Stulberg stated that if employees are trespassing on Ms. Rugh's property, she should call the authorities. Mr. Lauer stated that he is aware of trucks entering through the "no trucks" driveway, due to construction on Holly Lane. He is addressing the problem, and hopefully will be alleviated. Chairman Stulberg commented that he did not think that the hours of operation were limited in the original approval of the industrial park. Planning Commission Minutes July 23, 1996 ( - Page #176 In response to Ms. Rugh's pictures of the landscaping, Mr. Leuer stated that it is too hard to screen Holly Lane, and it is a public road. The landscaping that was required by the approval has been installed for building one, but has not been completed yet for building two. Ms. Rugh commented that there is no screening between her property and the truck docks. Mr. Leuer stated that there will be screening for cars parked by Planet Spirit. MOTION by Commissioner Stoebner, seconded by Chairman Stulberg recommending approval of a Conditional Use Permit for Plymouth Ponds, L.L.C. for participative athletic use in an industrial building located at 3555 Holly Lane North. Commissioner Spigner stated that she would vote against the proposal because it could be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. She stated that she does not have a problem with the use being in an industrial site, but this site is too close to a residential area. She stated that she thought the Planning Commission did discuss truck traffic and late hours of operation. Commissioner Ribbe stated that this type of function should be encouraged. He added that we are now living with some of the unavoidable circumstances of an industrial facility by a residential site, but it is a past issue. Chairman Stulberg cautioned that the approval would be for a participative athletic use, not just for cheerleaders. Commissioner Stoebner stated that he thinks the use meets each and every one of the Conditional Use Permit standards, and the proposed business would be a benefit for the property and the community. Roll Call Vote. Vote 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Spigner voted Nay.) E. JULIA ROZHONSKY (96097) Chairman Stulberg introduced the request by Julia Rozhonsky for a Conditional Use Permit to allow Participative Athletic Use in an industrial building located at 2440 Fembrook Drive. Planner Drill gave an overview of the July 18, 1996 staff report. The petitioner was not in attendance. Commissioner Spigner commented that the Commission should act on the item. Planning Commission Minutes July 23, 1996 3 Page #177 MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe to table the item. Roll Call Vote. 2 Ayes. MOTION failed on a 2-3 Vote. (Commissioners Stoebner, Spigner and Chairman Stulberg voted Nay.) Chairman Stulberg opened and closed the public hearing as no one was present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Stoebner recommending approval of a Conditional Use Permit for Julia Rozhonsky for a participative athletic use in an industrial building located at 2440 Fernbrook Lane North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. 7. OLD BUSINESS A. ZONING ORDINANCE UPDATE Planning Supervisor Senness stated that staff has received a draft copy of the zoning ordinance and that staff is reviewing it. Staff will meet with the consultant, and will bring the ordinance forward to the Planning Commission at their August 27 meeting. The ordinance will be mailed out ahead of time to give Commissioners ample time to review it. Chairman Stulberg reminded Commissioners of the special Planning Commission Meeting on July 30, 1996, with the City Attorney. Also, there is a public meeting on July 31, 1996, to discuss northwest Plymouth. Commissioner Bildsoe stated that the Park and Recreation Advisory Board is discussing northwest Plymouth and how to make golf a larger part of the community. Planning Supervisor Senness stated that there will be a public meeting scheduled for the Noise Ordinance at the August 13, 1996 Planning Commission Meeting. Commissioner Stoebner commented that he will not be able to attend the August 13, 1996 meeting. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe to adjourn. Meeting adjourned at 10:35 p.m. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SPECIAL MEETING JULY 309 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner, Tim Bildsoe, Saundra Spigner, Roger Berkowitz and Jeff Thompson MEMBERS ABSENT: Commissioner Allen Ribbe STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill and City Attorney Roger Knutson 1. CALL TO ORDER: 7:05 p.m. 2. APPROVAL OF AGENDA: No change. 3. NEW BUSINESS: Director Hurlburt introduced the general subject area for the evening --the role of the Planning Commission and the Commission's relationship on various issues. She introduced Roger Knutson, the City Attorney who would provide background on the legal aspects of this subject. In response to the question of why is there a Planning Commission, City Attorney Knutson pointed out that the City Council has many issues before it of widely varying nature and cannot devote the time that development questions require. He also noted that there is not as much political pressure at the Planning Commission. He further explained that the role of the Commissioner is to give input based on life experiences. He also pointed out that staff does not always see everything on an issue. He stated that in areas where the Commission has discretion, they have a greater level of input. In response to questions about how the Commission should have viewed the congestion problem in the C.G. Rein proposal on Schmidt Lake Rd. and TH 169, staff responded the Commission needs to look at more than the single detail of one hour of congestion. They also need to look at the larger project, its benefit to the City, whether or not other types of uses would result in a similar level of congestion, the rights of the property owner to reasonable use of their land and the operational characteristics of other intersections with similar types of development. Planning Commission Minutes July 30,1996 Page # 179 Z 1 3c, City Attorney Knutson explained that the discretion that the Commission has can be described along a continuum. They have the greatest discretion on the Comprehensive Plan-- that document reflects the community's values and should set policy. The Commission also has a lot of discretion on Zoning --they can rarely get into legal trouble turning down a rezoning as long as what they do is consistent with the Comprehensive Plan. The Commission has less discretion on Variances. Here the Commission can get in trouble because of the hardship standard. Attorney Knutson cautioned the Commission never to ask for a show of hands from the audience. This is not a popularity contest, rather their decision must be based on the facts in relation to the standards in the ordinance. Conditional Use Permits are the most troubling. If the neighborhood is solidly against one, the Commission can get into trouble not supporting it, unless the denial is based on not meeting the standards in the ordinance. Staff noted that the Commission can negotiate with the applicant, for example on additional conditions in the approving resolution, but not with the audience. Attorney Knutson summarized that with legislative actions (that affect more than one property), the Commission can do what they think is right. With quasi-judicial matters (affecting one property), they need to apply existing law to the particular case and if the standards in the law are met, they need to support the request. In response to questions about how loss of property value should be considered, staff responded that this is almost impossible to prove because there are so many factors that affect property value. Attorney Knutson cited the law suit brought by homeowners near the International Airport. Even though one would think it would be easy to prove a loss in value related to jet noise, the homeowners did not win this suit. Staff noted that the Commission can add aesthetics -related conditions when there is a rational connection between the condition and the affected part of the project. For example, the Commission might require additional evergreens on an industrial project adjacent to a single family neighborhood. In response to a question of how well the Commission is doing its job, Attorney Knutson stated that he has only watched one of their meetings --regarding the TCF proposal. He was impressed that the Commission at that meeting was not emotional and held a rational, thoughtful discussion of the issues. In general, he stated the Commission should Planning Commission Minutes July 30, 1996 Page # 180 1-1 work on establishing a good record and not asking for a show of hands from the audience on any issue. The Commission asked about how much they should be cautious about consistency. Staff responded that from a fairness standpoint, similarly situated applicants should be treated similarly. However, from a legal perspective, the Commission does not have to be "consistent" as long as they create a record based on the facts of the case and their relationship to the regulations. Attorney Knutson stated that if four Commissioners are together outside a meeting, unless they are talking about the Vikings, etc., they are violating the open meeting law. He pointed out problems related to perception of wrong doing and urged caution in this area. In response to a question of the relationship of Planning Commission and the staff, Attorney Knutson stated that the staff is to give guidance and that the more technical the subject, the less discretion the Commission has. Staff also noted that they do not work for the Commission, but they also have to consider the Council. Staff gave the example of when the Commission recommends against a staff position, but staff still believes there is merit in that position, they will continue to recommend it to the Council, regardless of the Commission's vote. Staff suggested that the Commission needs to decide what they want to do when a Commissioner disagrees with the group decision. Staff further suggested that they want to develop some ground rules about this. Staff also noted that when a Commissioner is in doubt about how much discretion they have, they should ask staff. Attorney Knutson cautioned the Commission to take into account the substance of what the public says, not the passion, etc. Staff stated that oftentimes it is better to try and fix a project by attaching additional conditions, rather than turning it down. Legally, this is often the better path. Attorney Knutson stated that "hardship" could also be described along a continuum. On the one end is a regulation that would deny ALL reasonable use a property (unless it is self-created: for example, the applicant bought a particular property after the regulation was in place). On the other is a denial of reasonable use. Here the question is --what constitutes reasonable use? Staff agreed to attach the City Clerk's Notes of the Meeting to future agenda packets so Commissioners can keep up on Council development decisions. Planning Commission Minutes July 30, 1996 Page #181 MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to adjourn. Vote. 6 Ayes. Meeting adjourned at 9:15 p.m. Plymouth Charter Commission July 30, 1996 Minutes Present: Virgil Schneider, Dave Crain, Pauline Milner, Kapila Bobra, Ty Bujold, Joy Tierney, Sandy Patterson, Jon Speck, Dave Pauba, Ellie Singer, Bill Pribble, Bob Sipkins, Tim Peterson, City Attorney Roger Knutson, Assistant City Manager Kathy Lueckert Excused: John Duntley Call to Order Virgil Schneider called the meeting to order at 6:30 PM. Approval of Minutes The minutes of the July 9, 1996 meeting were approved as presented. Discussion with City Attorney Virgil Schneider introduced City Attorney Roger Knutson. Roger Knutson said that the issue of the supermajority vote requirement for a tax increase is really a constitutional question, not a legal one. He cannot say whether it is a good idea or a bad idea. Roger Knutson stated that Councilmember David Anderson had requested that he communicate to the Charter Commission Mr. Anderson's desire that the Charter Commission finish its work in time to place the issue on the November 1996 ballot. On the issue of campaign reporting, Roger Knutson stated that the dollar amount limit in the proposed amendment is a number he developed, and there is no magic to it. Virgil Schneider asked if there are any limits on contributions by individuals for referendum questions; Roger Knutson said that there are no limits at the local level. Kathy Lueckert asked Roger Knutson to explain the process for getting the issue on the ballot. Roger Knutson stated that the City Council cannot put the issue on the ballot without a Charter Commission decision on the proposed language. In response to Virgil Schneider's question about what would happen if the Charter Commission proposed its own language, Roger Knutson said that the City Council would consider the language of both proposals, and then choose the proposal it wished to place on the ballot. Ty Bujold stated that it would be possible to have two questions on the supermajority issue on the ballot, one proposed by the City Council and one proposed by the Charter Commission. Jon Speck asked what might happen if both questions were approved by the voters. Roger Knutson said there is no guidance in state law as to what happens if both questions are approved. Kapila Bobra stated that such an occurrence would look silly to voters. Dave Crain stated that he is still most concerned about the potential for stalemate over budget adoption. Joy Tierney asked what the deadline is for ballot language. Kathy Lueckert stated that the practical deadline is the week of the primary election. Dave Crain stated that the legal guideline for ballots is 45 days prior to the election. Joy Tierney stated that there does not seem to be much interest on the Council to hold a special election just for this issue. Jon Speck asked if there have been any court cases challenging supermajority votes. He noted that Fridley has such a requirement for budget adoption. He wondered why the supermajority requirement deals only with an increase, and not a decrease. Roger Knutson stated there is no Mnnesota case law on supermajority votes. Ty Bujold asked to return to the issue of campaign reporting for special issue elections. He noted that the proposed language limits individual contributions to $1,000. However, there is no limit placed on the amount which might be spent on petition drives, prior to the issue being placed on the ballot. Ty Bujold said that such expenditures concern him, and he feels there should be accountability for petition drives as well. Virgil Schneider asked the Roger Knutson draft some language to cover Ty Bujold's concern. Virgil Schneider asked if Roger Knutson has any experience in non -budget related supermajority votes which have caused problems. Roger Knutson mentioned the issue in Eagan over a proposed development for low income housing. - The proposal could not get the required supermajority vote. The Eagan City Council was sued; the case was settled out of court and the project is now under construction. Dave Crain stated that perhaps the language might be changed to require a vote of two thirds of those present. Roger Knutson left the meeting at 7:05 p.m. Campaign Reporting Virgil Schneider asked if the Commission wanted to have further discussion on the campaign reporting issue. Dave Crain stated that he is concerned about limiting the amount that an individual can contribute to a special issue campaign. However, he feels strongly that campaign reporting is important. Tim Peterson stated that while he is not concerned about the amount contributed, he is concerned that it be reported. Joy Tierney stated that the $1,000 limit will impact very few individuals, but that some special issue elections could have direct benefits to some residents. Tim Peterson stated that he is also concerned about in-kind contributions, and suggested that some language be added to deal with that issue. Virgil Schneider stated that he thinks it is a good idea to require campaign reporting on special issue elections. He also wants language to require reporting prior to the election, at intervals similar to those required for individual candidates. Ellie Singer asked if the Commission wanted to place this question on the ballot. Virgil Schneider stated that it is not important enough to place it on the ballot by itself, but that it could be placed with other questions. Virgil Schneider directed Kathy Lueckert to ask Roger Knutson to redraft the language proposed for campaign reporting to address the following issues: remove the dollar limit for contributions, include guidelines for reporting for petition drives, incorporate language that would cover "in kind" contributions, and require reporting at intervals prior to and after the election. Z_3d Supermajority Vote Ty Bujold said that he had done some research on the issue of supermajority votes, but that there is limited literature. He distributed copies of articles he had found on the topic. He stated that this is an important philosophical issue to be debated. He feels that he must educate himself first so that he can help inform voters. He stated that this issue requires careful thought. Kapila Bobra agreed that it is crucial for Commission members to educate themselves. Ty Bujold suggested that the Commission have expert speakers, both pro and con, come to the next meeting. Commission members agreed that this was a good idea. Various commission members will seek out speakers on both sides of the issue. Kathy Lueckert will contact the League of Minnesota Cities and the Minnesota Taxpayer's Association. Ellie Singer stated that she does not want to create a divisive atmosphere. She said that she has not yet formed an opinion. She takes her role as a charter commission member very seriously. She wants more information before she decides on the supermajority question. Joy Tierney stated that the Commission should avoid "dueling amendments." Sandy Patterson agreed that this would not be good for the city. Bob Sipkins stated that he feels it is important to educate the Charter Commission so that the commission can give good information to voters. He stated that he is keeping an open mind, and could be persuaded either way with the presentation of compelling information. He wants to hear all sides of the issue. Tim Peterson stated his desire to try to work within the time parameters to get the issue resolved. He does not want to postpone the issue unnecessarily. The Charter Commission will hold a meeting on August 20 to hear speakers on either side of the supermajority issue. The meeting will be at 7 PM in the Public Safety Training Room. The Charter Commission will hold a public meeting on the proposed supermajority vote issue on September 9, 1996 at 7 PM in the Council Chambers. The meeting will be televised. The Charter Commission will meet immediately following the public hearing, and will try to forward its decision to the City Council at the Council's September 18 meeting. Adjournment The meeting adjourned at 8:17 PM. -3E - Plymouth Human Rights Commission August 1, 1996 Minutes Present: Gary Anderson, Laurie Levi, Howard Sigal, Harvey Guttmann, Mitzi Heath, Marion Hellend (Golden Valley Human Rights Commission), Assistant City Manager Kathy Lueckert Excused: Ginny Clark, Claudelle Carruthers, Jeff Richards, Jackie Fraedrich Call to Order Gary Anderson called the meeting to order at 7:40 p.m. Approval of Agenda The agenda was approved with the deletion of Order of the Day, as the proposed speaker could not come. Approval of Minutes The minutes from the July meeting were approved as presented. Old Business Calendar of Events. Gary Anderson presented the updated calendar, and called attention to the additional block parties listed. He also noted the League of Minnesota Human Rights Commissions annual conference on September 7. Gary Anderson reviewed plans for the HRC's participation in National Night Out on August 6. Regional School HRC Workshop. Gary Anderson reported that he had spoken with Mort Ryweck, who advised to invite all metro -area school districts to the conference. Marion Hellend will handle registration, so she will know about numbers.. Autumn Arts Fair. Howard Sigal passed around the sign up sheet. The HRC booth will be located inside the pavilion. Human Rights Award ballots will be available. Human Rights Award. Gary Anderson pointed out the article on the award in the August Plymouth News. Introductory material and award criteria will be mailed to the overall HRC mailing list before the end of August. Liaisons. Gary Anderson reported that building the network liaisons will be a long term process, and should be approached as a multi-year project. Random Acts of Kindness. Gary Anderson distributed information on the Alexandria, Minnesota random acts of kindness program. From his discussions with Sara Cwayna of Public Safety, the Plymouth Crime and Fire Prevention Fund is also interested in the program. Howard Sigal suggested that the kick-off of the program tie in the Martin Luther King Day in January. Howard Sigal and Laurie Levi will work on a theme for the program. f- "'9 �Q" New Business Crystal Multicultural Event. Mitzi Heath reported on a meeting she had attended with some members of the Crystal Human Rights Commission. Crystal wants to have an event similar to the Festival of Nations on October 19. Mitzi Heath reported that she had told the Crystal commissioners that this was a great idea, but Plymouth would be unable to participate this fall. Also at this meeting discussions were held regarding regional cooperation between the Human Rights Commissions of Plymouth, Golden Valley, Robbinsdale, Crystal, and New Hope. Mitzi Heath indicated that she will help coordinate these meetings. The meeting adjourned at 8:55 p.m. REMINDER: Next Meeting: Thursday, September 5, 1996 7:30 p.m. -- 4-a PLYMOUTH Saturday., August 10, 1996 Plymouth Creek Park, Featuring Olde Fashioned Family Fun: 10:00 a.m. Antique Car Show Begins Old Timers Softball Game Ongoing Voyager Encampment Blacksmith Demonstration Plymouth Wood Carvers Petting Zoo Antique & Farmers Market Demo of Old Time Crafts Tours of Historical Building 10:30 a.m. Minnetonka "C" Notes 11:00 a.m. Car Games Pig Roast Begins $5 11:30 a.m. Plymouth Rockers 12:30 p.m. Angelo the Organ Grinder Children's Games Begin 1:00 P.M. Fiddle Contest Begins 1:30 p.m. Westonka Whirlers Demo 2:30 p.m. Crystal Crosstrailers Demo 3:00 p.m. Car Parade and Awards 3:30 p.m. Fiddle Contest Awards 5 k Ln. Sponsors: Plymouth Historical Society; Plymouth Park and Recreation; Walser Chevrolet—Geo; Premier Lincoln Mercury Merker, Superior Ford; Herb's Servicenter; Plymouth Tire and Auto; Riteway Motor Parts; Hamel Building Center, Sharon Anderson, Realtor, Re/Max Results; Village Auto Body; Erickson's New Market; Plymouth Cub Foods; Twin Cities Music and Arts Consulting; Schmidt Music Centers; Sever Farm Market - Eden Prairie; Advance Machine. DAN Dana Corporation Spicer Off -Highway Axle Division Plymouth, MN 201h,yinniversary Open jibuse You and and your family are cordially invited to join us in celebrating the Oana Spicer Off ,Highway Plymouth, MX Aacilitp's 20 year anniversary. Date:august 17, 1996 Time: 10.00 a.m. until 3.00 p.m. 'lace: 15905,,ffighway 55, Plymouth, MX Xunch will be served from 11.30 a.m. -1.30 p.m. `tours of the facility will be conducted throughout the day. If, 5a CITY OF August 8, 1996 PUMOUTR Jessica Deede 10800 39th Ave. North Plymouth, MN 55441 Dear Jessica: Thank you for your letter and for your concern with our environment. I spent some time visiting the Mission Hills area in which the trees you mentioned were being cut down. This area of Mission Hills is part of a housing development similar perhaps to the area that you live in. The City of Plymouth is committed to the environment especially in the area of the tree preservation. Developers are required to preserve a certain number of trees within a development. Trees must be removed however to build the homes, streets, ect. In this particular development the City purchased 26 acres of woodland and swamp to be preserved and donated it to the Hennepin Park System. This area would be the equivalent to approximately 52 homesites within the City. I must applaud you for your concern for the trees and our environment, and would encourage you to keep that attitude alive. Sincerely, Mark Peterson Superintendent of Park cc: Joy Tierney, Mayor Eric Blank, Park & Recreation Director PLYMOUTH :1 Lira " u t; i .. n r ;.,' ., '. • �r`lr i T! { ! �it;r; :(1T� rr,.1.17. t.1P`' • TF! FPHnNF r(;j?1 r,nn r,nnn Dear Mayor Tierney, At the end of the Mission Hills Trials the City of Plymouth is cutting down a lot of trees, and We don't like it. As kids of today and tomorrow What kind of Plymouth Will you hand over to us. If you keep cutting down the trees We don't even Want to know what kind of future you will leave for us. Why do want to cut down the trees xvhen they help you and everybody else in the «world live. This is «That the future could look like. More houses, more pollution., less trees, more brown water, and ,o � could lose the Ozone layer. X� v this the Plymouth you want to see, houses, buildings, and more houses. Not a single tree in sight. What will happen to all the animals and birds who live in the forests and trees? Is Mission just the start, Will you go on to French Park. We know that French Park is a regional park. to save the trees so why can't Mission Hills be one also? We are not to little to understand. We have goals, rights and responsibilities too. Sincerely,If -10 V i-� N N_ •--+ N r-+ ••-+ M O 0 CD j.+•{!!!�':v,\fyr �►I �1�I moi/ � /� � /� � /� /� /�� /� /�� O eq M N M r �..f�'4�:•v!^ may/ W/ KK /�Y�I �.Ww/ /W��/ wl C14 eq N eq 0 0 V4 f h O O O O O 110 1.0 \C \10 \10 N N N O O N V•1 N O t l l :•.''�': O O O O O cd48 9-4 (DCd a x w „ o 9 cCfj fs? a o n 0 U V �� V > o� o 0 0 0 0 0 F U F FQviWU oU U.SUbp4U r.!p::¢;'.?h`r`•.':;'• •::L:aaG� V .r 0 y r/rrrl � 1 � • •r +•i ca W O CD b ai f� PQ r N N N C\ lo M M M M M M MI M July 30, 1996 Minnesota Pollution Control Agency Mr. John Prusak John Ponka Auto 10905 Old County Road 15 Plymouth, Minnesota 55447 RE: Petroleum Tank Release Site File Closure Site: John Ponka Auto, 10905 Old County Road 15, Plymouth Site ID#: LEAK00005548 Dear Mr. Prusak: We are pleased to let you know that the Minnesota Pollution Control Agency (MPCA) Tanks and Emergency Response Section (TERS) staff has determined that your investigation and/or cleanup has adequately addressed the petroleum as release at the site listed above. Based on the information provided, the TERS staff has closed the release site file. Closure of the file means that the TERS staff does not require any additional investigation and/or cleanup work at this time or in the foreseeable future. Please be aware that file closure does not necessarily mean that all petroleum contamination has been removed from this site. However, the TERS staff has concluded that any remaining contamination, if present, does not appear to pose a threat to public health or the environment. The MPCA reserves the right to reopen this file and to require additional investigation and/or cleanup work if new information or changing regulatory requirements make additional work necessary. If you or other parties discover additional contamination (either petroleum or nonpetroleum) that was not previously reported to the MPCA, Minnesota law requires that the MPCA be immediately notified. You should understand that this letter does not release any party from liability for the petroleum contamination under Minn. Stat. ch. I I 5 (1994) or any other applicable state or federal law. In addition, this letter does not release any party from liability for nonpetroleum contamination, if present, under Minn. Stat. ch. 115B (1994), the Minnesota Superfund Law. If future development of this property or the surrounding area is planned, it should be assumed that petroleum contamination may still be present. If petroleum contamination is encountered during future development work, the MPCA staff should be notified immediately. 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 Prusak Page 2 July 30, 1996 For specific information regarding petroleum contamination that may remain at this leak site, please call the TERS File Request Program at 612/297-8499. The "Leak/Spill and Underground Storage Tank File Request Form" (TERS Fact Sheet #35) must be completed prior to arranging a time for file review. Thank you for your response to this petroleum tank release and for your cooperation with the MPCA to protect public health and the environment. If you have any questions regarding this letter, please call Richard Newquist at 612/297-8583. Sincerely, Richard Newquist Project Manager Cleanup Unit III Tanks and Emergency Response Section RN:dms cc: Laurie Ahrens, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Greg Lie, Hennepin County Solid Waste Officer Minnesota Department of Commerce, Petrofund Staff f- G L 10, August 5, 1996 Mr. Joe Barrett PTYF Merrimac Owners Association PUMOUTR 1630 Merrimac Lane North Plymouth, MN 55447 Dear Mr. Barrett: This is in follow-up to our conversation regarding the new state Housing Improvement Area legislation that -became effective on August 1st that permits cities to make improvements to private residential property and assess the costs against the affected properties. The following is a brief summary of the statutory requirements: • A minimum of 25 % of the homeowners in an area of the City can petition the City to create a Housing Improvement Area for this purpose. For a housing unit to be counted in the petition all of the owners must sign the petition. If a property is jointly owned by a husband and wife or others, all must sign. Objections from a minimum of 35 % of the residents or owners of the affected properties prevents the creation of the Area. The City Council has the sole discretion to decide whether or not to create the Housing Improvement Area. • It must be demonstrated that the proposed improvements could not be made by an owners' association or the housing unit owners and are needed to maintain and preserve the housing within the area. • The owners' association must submit an acceptable financial plan that provides for the financing of the maintenance and operation of the common elements of the housing and a long-range plan to conduct and finance future capital improvements before the costs for the proposed improvements are approved • The City must contract for any work to be done under this legislation in accordance with governmental bidding and contracting requirements. Any City costs or consultant costs to write specifications, solicit and take bids, award and manage contracts, inspect the work, finance the cost and administer the improvement and assessment process will be included in the cost assessed against the property. This work does not qualify for tax exempt financing and must be financed at market rates. The City may permit pre -payment of the assessed costs by the property owners. I am enclosing a copy of a petition form that could be used to petition the City Council to establish a Housing Improvement Area. You may wish to obtain a greater percentage than the 25% minimum in order to demonstrate support for your request before the City Council, which has complete discretion in considering the petition. Keep in mind that if 35% of the residents or owners of the affected properties file an objection to the petition, the Housing Improvement Area cannot be approved. If you have any questions, please call me at 509-5412. Sincerely, Edward J. Goldsmith HRA Supervisor cc: Dwight Johnson, City Manager Anne Hurlburt, Director of Community Development enclosure PLYMOUTH :I-^_auti1i.. P1ac,: To 3400 PL YMOUT!- BOULEVARD - PLYMOUTH. MINNESO-A 55447-1=82 - TELEPHONE (612) 509.5000