HomeMy WebLinkAboutCouncil Information Memorandum 07-19-1996JULY 19, 1996
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE.-
JULY
CHEDULE.
JULY 24 7:00 P.M. REGULAR COUNCIL MEETING
City Council Chambers
AUGUST 7 7:00 P.M. REGULAR COUNCIL MEETING
City Council Chambers
AUGUST 14 7:00 P.M. SPECIAL COUNCIL MEETING
Topic: 1997 Proposed Budget
Public Safety Training Room
2. PLANNING COMMISSION, Tuesday, July 23, 7.00 p.m., Council Chambers. (M-2)
3. PACT, Wednesday, July 24, 7. 00p.m., Hadley Lake Room. (M-3)
4. CHARTER COMMISSION, Tuesday, July 30, 6.30 p.m., Public Safety Training Room.
5. SPECIAL PLANNING COMMISSION MEETING, Tuesday, July 30, 7.00 p.m.,
Council Chambers.
6. MEETING ON NORTHWEST PLYMOUTH, Wednesday, July 31, 7. 00 p.m., Council
Chambers.
7. MEETING CALENDARS - The July and August meeting calendars are attached. (M-8)
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CI7Y COUNCIL INFORMA77ON MEMO
July 12, 1996
Page 2
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1. 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. (I-1)
2. PROPOSED AMENDMENT TO NOISE ORDINANCE -- Attached is a memo from
Barbara Senness, Planning Supervisor, providing an update on the proposed amendments
to the City's noise ordinance. A map identifying properties potentially affected by the
proposed ordinance is provided as part of the report. The Planning Commission will
conduct a public meeting on August 13 to take comments on the draft ordinance, and a
recommendation will be forwarded to the City Council for its meeting on September 4,
1996. (I-2)
3. MEETING MINUTES
a. Plymouth Human Rights Commission, July 11, 1996. (I -3a)
b. Planning Commission, June 25, 1996. (I -3b)
c. Planning Commission, July 9, 1996. (I -3c)
4. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE
A status report on correspondence is attached. (I-4)
a. Letter to Mr. Dale Weeks from Lieutenant Saba responding to his concerns regarding
the police department records division. (I -4a)
b. Letter to Jim Guddal, Westland Equities, from Park Director Eric Blank responding
to concerns about parking during Music in Plymouth. (I -4b)
c. Letter from Michael Phillips, 4535 Ranchview Lane, requesting a skate park. (I -4c)
5. CORRESPONDENCE
a. Letter from Mary Loberg complimenting `Kids Mite at Parker's Lake". Response
letter from Mary Bisek also attached. (I -5a)
b. Letter to Shenandoah Homeowners Association from Ed Goldsmith, HRA
Supervisor, regarding the new state Housing Improvement Area legislation that
permits cities to make improvements to private residential property and assess the
costs against the affected properties. (I -5b)
c. Letter from Minnesota Pollution Control Agency regarding petroleum storage tank
release investigation and corrective action at Pilgrim Middle School, 3725 Pilgrim
Lane North. (I -5c)
rp) PLANNING COMbIISSION AGENDA rn Z
TUESDAY, JULY 239 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 MIlVUTES
5. *CONSENT AGENDA
6. PUBLIC HEARINGS
A. Roy Johnson. 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. (96021)
B. Holle Construction Co., Inc. 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. (96080)
C. Hennepin County Property Services. 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. (96090)
D. Plymouth Ponds Development, LLC. Conditional Use Permit to allow Participative Athletic Use in
an industrial building located at 3555 Holly Lane North. (96095)
E. Julia Rozhonsky. Conditional Use Permit to allow Participative Athletic Use in an industrial building
located at 2440 Fembrook Drive. (96097)
7. OLD BUSINESS
A. Zoning Ordinance Update
8. NEW BUSINESS
9. ADJOURNMENT
AGENDA FOR PACT IMEETING
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLY.N, 1OUTH 11�r < �a447
DATE: July 17, 1996
TO: Members of the Plymouth Advisory Co ittee on Transit
FROM: John Sweeney, Transit Administrator
SUBJECT- July 24 MEETING
The Plymouth Advisory Committee on Transit is scheduled to hold its monthly meeting on
Wednesday, July 24 at 7:00 p.m. in the Engineering Conference Room (Hadley Lake
Room) on the lower level of Plymouth City Hall.
The agenda for the meeting is as follows: Please note most materials will be distributed at the
meeting.
I. Approval of minutes of the meetings on June 20, 1996.
II. Ridership Information 1992 - 1996 and Review of Ridership Statistics for June 1996
(information from George Bentley for June, 1996, will be distributed at the meeting).
• Dial -A -Ride
• Plymouth Metrolink - Route 91
• Plymouth Metrolink - Route 92
• Plymouth Metrolink - Route 93
• System Cost Summary Reports -June 1996
III. Continued discussion Re: status of consolidation and renumbering on Route 92D and
Route 93 for statistical and reporting purposes.
G: ENG\TRANSI'nPACIIMEMOSUULY-MTG. DOC
SUBJECT: July 24 MEETING
Page Two
IV. Identification of areas of concern and/or recommendations.
V. Discuss customer surveys for Plymouth Metrolink and Dial -A -Ride (Regular Route
portion attached).
VI. Continued discussion on courtesy bus benches.
VII. Discuss Dial -A -Ride summer marketing program.
VIII. Discussion regarding planning and implementation of a Fixed Route Circulator to begin
service by October 1, 1996.
IX. Other Comments
cc: Paul Colton, Metropolitan Council
John Mathews, National School Bus Company
Steve Mahowald/Steve Jaeger, MCTO
George Bentley, Consultant
S. F. 7/24/96
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07/19/96
8:16 AM
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
AUGUST 7, 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 official action on items
discussed at the Forum, with the exception of referral to staff or
commission for future report.
4. ' PRESENTATIONS AND PUBLIC INFORMATION
ANNOUNCEMENTS
5. APPROVE AGENDA - Councilmembers may add items to the
agenda including items contained in the Council Information
Memorandum for discussion purposes or staff direction only. The
Council will not normally take official action on items added to the
agenda.
6. CONSENT AGENDA - These items are considered to be routine
and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so
request, 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
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING
August 7, 1996
Page 2
*C. Approve Land Use Guide Plan Amendment, Rezoning,
Preliminary Plat, Site Plan, Conditional Use Permit, and
Variance for three commercial buildings on 5.7 acres. C. G.
Rein. (96044)
D. Deny a Variance for front and rear yard building
setback and from the Shoreland Overlay District for property
located at 3045 East Medicine Lake Boulevard. Roy Johnson.
(96021)
*E. Approve a Planned Unit Development Preliminary Plan
Amendment, Final Plan, and Conditional Use Permit for
Burgess Industries located at 2700 Campus Drive. Holle
Construction Co., Inc. (96080)
*F. Approve a Site Plan, Conditional Use Permit, and Variance
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. Hennepin County Property Services. (96090)
*G. Approve a Conditional Use Permit to allow Participative Athletic
Use in an industrial building located at 3555 Holly Lane North.
Plymouth Ponds Development, LLC. (96095)
*H. Approve a Conditional Use Permit to allow Participative Athletic
Use (gymnastics) in an industrial building located at 2440
Fernbrook Lane. Julie Rozhonsky. (96097)
I. Approve Joint Powers Agreement with City of New Hope
for Inter -City Storm Sewer Improvements
J. Approve Contribution to League of Minnesota Cities
Right -of -Way Task Force Project
7. PUBLIC HEARINGS
A.
* Items require 5 affirmative votes of the City Council for approval.
REGULAR COUNCIL MEETING
August 7, 1996
Page 3
8. GENERAL BUSINESS
A.
9. REPORTS AND STAFF RECOMMENDATIONS
A. Second Quarter Financial Report
B. Pedestrian Traffic Signal on Northwest Blvd. at Bass
Lake Playfield
10. ADJOURNMENT
* Items require 5 affirmative votes of the City Council for approval.
Z/
1'- Z
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: July 16, 1996
TO: Dwight Johnson, City Manager
FROM: Barbara Senness, Planning Supervisor through Anne Hurlburt,
Community Development Director
SUBJECT: AMENDMENT TO CHAPTER 6 OF THE PLYMOUTH CITY
CODE TO PROVIDE FOR NOISE CONTROL IN RESIDENTIAL
DISTRICTS (96094)
As discussed below, staff has been working on the development of a Noise Ordinance
in partial response to issues raised by residents adjacent to the Ameridata industrial
facility in northeast Plymouth. The review process for this proposed ordinance is as
follows:
1. Staff will notify all landowners of commercial/industrial property within 300 feet of
residential development of the availability of the draft ordinance and the date of a
public meeting to receive input on the ordinance.
2. The Planning Commission will hold a Public Meeting on August 13, 1996 to take
comments on the draft ordinance.
3. Staff will forward the draft ordinance, along with any changes recommended as a
result of the public process, to the City Council for its meeting on September 4,
1996.
BACKGROUND:
On November 7, 1994, several residents of Wild Wings presented a petition at the
Plymouth Forum outlining noise and glare problems at the adjacent Ameridata
industrial facility. The Mayor, Ward Council member and City staff have been
working with the neighbors and Ameridata since that time to resolve these problems.
While staff is continuing to work to resolve outstanding site specific problems, we have
completed a draft ordinance to address noise control in residential districts generally.
I Z
At the present time, the City regulates noise under Section 2005 of the City Code --
Misdemeanors (see Attachments). This section prohibits specified types of noise
between 10 p.m. and 7 a.m. Noise is also regulated under the general Nuisance
provisions (see Attachments) in the Code. The proposed ordinance would expand on
these generalized regulations to include measurable standards.
Key provisions of the ordinance include the following:
• The ordinance addresses both loading dock sound sources located within 300 feet of
property zoned for residential use and impulsive noise sources city-wide. Impulsive
noise is a noise that has an abrupt onset and is of short duration. (Staff expects that
most concerns regarding impulsive noise would be in residential neighborhoods
abutting industrial development.)
• The ordinance exempts a number of sound sources (e.g. motor vehicles on streets,
aircraft, and trains) from the impulsive noise standards.
• The ordinance includes standards for daytime (7 a.m. to 7 p.m.), evening (7 p.m.
to 10 p.m.) and nighttime (10 p.m. to 7 a.m.) noise levels.
• The ordinance requires a sound source control plan when the City deems it
necessary in conjunction with a development approval.
The attached map identifies properties potentially affected by the proposed ordinance.
Some of the commercial/industrial properties within 300 feet of residential property
either have no loading docks or are as yet undeveloped. However, as indicated on the
map, there are numerous locations in City with loading docks close to residential uses
that could be affected by this ordinance, including the Ameridata facility.
The 300 -foot standard is the same as the standard used in the City's Zoning Ordinance
regulating location of loading docks.
The noise source standards for loading docks are slightly more stringent than the
Minnesota Pollution Control Agency (MPCA) daytime and nighttime standards. In
addition, the MPCA does not have an "evening" noise standard per se, but rather
includes the 7 p.m. to 10 p.m. period in its daytme standard. The MPCA does not
regulate impulsive noise.
ATTACHMENTS:
1. Proposed Noise Ordinance
2. Section 2005 of the City Code --Noise Between 10 p.m. and 7 a.m.
3. Section 2010 of the City Code --Nuisances; General
4. Commercial/Industrial Parcels within 300 feet of Residential Property
07/15/96 MON 16:07 FAX 612 452 5550 C K S & F
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 96 -
AN ORDINANCE AMENDING CHAPTER 6 OF THE
PLYMOUTH CITY CODE TO PROVIDE FOR
NOISE SOURCE CONTROL IN RESIDENTIAL DISTRICTS
THE CITY OF PLYMOUTH ORDAINS:
SECTION .1. Chapter VI of the Plymouth City Code is amended by adding Section
620 to provide:
Section 620 - Noise Source Control
620.01 Findings and Policy. Subd. 1. Findings. The City Council finds that
excessive sound and vibration are a serious hazard to the public health and welfare, safety,
and the quality of life for residents of the City. A substantial body of science and technology
exists by which excessive sound and vibration may be substantially abated. The residents of
the City have a right to be free from excessive sound and vibration that may jeopardize their
health or welfare or safety or degrade the quality of life or property.
Subd. 2. Policy. It is the policy of the City of Plymouth to prevent excessive
sound and vibration which may jeopardize the health and welfare of its residents or degrade
the quality of life or property.
620.03. Definitions. The following words and terms when used in this Section shall
have the following meanings. Any other word or phrase used in this Section, and defined in
regulations of the Minnesota Pollution Control Agency Noise Pollution Control Rules
Chapter 7030, has the meaning given in those regulations.
(a) "City Official" means any duly authorized representative of the City as
designated by the City Manager.
(b) "Daytime" means the hours between 7:00 a.m. and 7:00 p.m.
(c) "Decibel (dB)" means a unit for measuring the volume of a sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of the sound
measured to the reference pressure, which is 20 micropascals (20
micronewtons per square meter).
31737
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07/15/96 RON 16:07 FAX 612 452 5550 C K S & F IM003
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(d) "Evening" means the hours between 7:00 p.m. and 10:00 p.m.
(d) "Impulsive Sound" means a sound of short duration, usually less than one
second, with an abrupt onset and rapid decay. Examples of sources of
impulsive sound include explosions, drop forge impacts, loading docks and the
discharge of firearms.
(e) "L10 Level" means the noise level, expressed in dBA, which is exceeded ten
percent of the time for a one hour survey, as measured by test procedures
approved by the City Official.
M "Loading Dock Facility" means a building, part of a building or area located
within three hundred feet (300') of property zoned residential, in which freight
is assembled, stored or loaded for routing or shipment by truck; or an area
located within three hundred feet (300') of property zoned residential, in which
semitrailers, including tractor and/or trailer units and other trucks, are parked,
left idling or stored.
(g) "Nighttime" means the'hours between 10:00 p.m. and 7:00 a.m,
(h) "Noise" means any sound which annoys or disturbs humans or which causes or
tends to cause an adverse psychological or physiological effect on humans.
(i) "Noise level" - see "sound level".
V) "Person" means an' individual, firm, partnership, corporation, trustee,
association, the state and its agencies and subdivisions, or any body of persons
whether incorporated or not. With respect to acts prohibited or required
herein, person shall also include employees and licensees.
(k) "Sound" means a temporal and spacial oscillation in pressure or other physical
quantity in a medium with internal forces which causes compressions and
rarefactions of that medium and which is propagable at finite speed to distant
points. The description of sound may include any characteristic of sound,
including duration, intensity and frequency.
(1) "Sound Level (Noise Level)" means the A -weighted sound pressure level,
expressed in dBA, obtained by use of a sound -level meter and frequency
weighting network, as specified in American National Standards Institute
specifications for sound level meters (ANSI SI.4-1983, or the latest approved
revision thereof).
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07/15/96 IRON 16:08 FAX 612 452 5550 C K S & F
Z004
(m) "Sound Pressure" means the instantaneous difference between the actual
Pressure and the average or barometric pressure at a given point in space, as
produced by sound energy.
(n) "Sound Pressure Tavel (SPL)" means a level expressed in decibels (dB), is 20
times the logarithm to the based ten of the ratio of the observed sound pressure
to a reference pressure of 20 micropascals.
620.05. Hound Slourcm Limits. Loading Docks. Sound emanating from loading docks
or activity associated with loading docks shall not exceed the following sound levels, as
measured fifty feet (50') from the property line of the sound source:
LIQ Leve
Daytime 60 dBA
Evening 55 dBA
Nighttime 50 dBA
620.07. Impulsive Sound Limits.
A. No person shall operate or cause to be operated any source of sound which exceeds
the following maximum impulsive sound levels at the nearest receiving residential
property line:
Daytime
70 dBA
Evening
65 dBA
Nighttime
60 dBA
B. Exemptions. The impulsive noise standards in this subdivision do not apply to:
(a) motor vehicles operating on public streets; construction; stationary
nonemergency signaling devices; emergency signaling devices; motorboats;
outdoor power tools; refuse collection vehicles; recreational motorized vehicles
operating off public streets;
(b) the unamplified human voice;
(c) interstate railway locomotives and cars; and
(d) all agricultural activities.
620.10 General Testing and Measurement Procedures. The City Official shall adopt
guidelines establishing the test procedures and instrumentation to be utilized, and a copy of
the guidelines shall be kept on file in the Office of the City Clerk.
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07/15/96 MON 16:08 FAX 612 452 5550 C K S & F 9 005
620.15 SQu-nd Nource. Control Plan. The City Official may require sound source
control plans in association with, but not limited to, changes in zoning classifications;
issuance of conditional or interim use permits, site plan review, the planning of a structure-
or any operation, process, installation, or alteration which may be considered as a potential
noise source,
620.35 EgnallY. Violation of this Section is a misdemeanor. A person convicted of
violating this Section shall also be responsible for paying the costs of prosecution. The
imposition of one penalty for any violation of this Section shall not excuse the violation, or
Permit it to continue. Each day that a violation exists constitutes a separate offense. The
City may also seek equitable relief as necessary to cure the violation.
S-ECTION Z, This ordinance shall be effective immediately upon its passage.
ADOP'T'ED by the City Council this day of ,
19
ATTEST:
Laurie F. Ahrens, City Clerk
31737 -4-
Joycelyn Tierney, Mayor
Plymouth City Code 2005.01
_r- 69,
Section 2005 - Misdemeanors: Special Provisions
2005.01 Making Unnecessary Noise. Subdivision 1. General Rule. No person, in public or
private place, shall make, or assist in making, by any manner or means, any loud, unpleasant or
raucous noise or odor disturbing the others unless the same be reasonably necessary to the
preservation of life, health, safety or property.
Subd. 2. Noise in Residential Areas. No person shall, between the hours of 10:00
p.m. and 7:00 a.m., congregate because of or participate in any party or gathering of people from
which noise emanates of a sufficient volume so as to disturb the peace, quiet or repose of persons
residing in any residential area.
(a) A police officer may order all persons present other than the owners or tenants of
the building or place to immediately disperse. Any person who shall refuse to
leave after being ordered to do so by a police officer shall be guilty of a violation
of this Section.
(b) Any owner or tenant of the building or place who has knowledge of the
disturbance and fails to immediately abate said disturbance shall be guilty of a
violation of this Section.
Subd. 3. Unlawful Assembly on Private ProppM. No group of three or more
persons shall gather, assemble or congregate for any purpose on private property which is not
owned by one of them or with regard to which one of them is not legally entitled to possession
without written permission of the owner of such property or the person who is legally entitled to
possess such property after having been ordered to disperse.
Subd. 4. Noise Between 10:00 p. m. and 7:00 a.m. No person shall, between the
hours of 10:00 p.m. and 7:00 a.m.: (1) collect refuse, rubbish, or waste materials; (2) test or
run engines or power equipment; (3) conduct construction or demolition activities; (4) operate
chain saws, lawnmowers, weedwhips, snowmobiles, or other power equipment intended primarily
for outdoor use; or (5) operate paging, public address, radios, siren, horn, phonographs, disc
players, musical instruments, and the like from which noise emanates in a sufficient volume so as
to unreasonably disturb the peace, quiet, or repose of persons residing in any residential area
unless the same be necessary as determined by the City Manager for the preservation of health,
life, safety, or property.
2005.03. Obscene Literature. No person shall bring or cause to be brought into the City,
or shall buy, sell or cause to be brought or sold, or advertise, give away, offer, show, exhibit,
post, distribute, design, copy, draw, photograph, print, etch, engrave, cut, carve, make, publish,
or otherwise prepare, or assist in preparing, or receive subscriptions for, any indecent or obscene
picture, book, pamphlet or magazine.
2005.05. Resisting a Public Officer. It is unlawful for any person to willfully resist, delay
or obstruct a public officer in discharging or attempting to discharge a duty of his office.
2005.07. False Statements. It is unlawful for any, person to make a false statement in an
application for any permit or license from the City.
Plymouth City Code 2010.01
_r.- C12 -
Section 2010 - Nuisances: General
2010.01. Nuisances. Subdivision 1. Defined. The following acts are declared a public
nuisance.
(a) Engaging in any business or activity which is dangerous, hurtful, unwholesome,
offensive or unhejhy to the neighborhood, or which constitutes an annoyance to
the persons in theeighborhood, or is detrimental to the property in the
neighborhood.
(b) Permitting, suffering, or maintaining, or failing to remove any offensive,
nauseous, hurtful, dangerous, unhealthy condition resulting from a failure to
properly dispose of garbage, sewage, waste, debris or any other unwholesome or
offensive substance, liquid or thing, upon one's premises, or dropping,
discharging, passing, depositing or otherwise delivering the same upon the
premises of another or public property.
(c) Constructing or maintaining or permitting or suffering upon one's property any
billboard, sign, poster, or advertisement, or to post, publish, promulgate,
broadcast, display, issue or circulate any insulting, profane or abusive emblem,
sign, or device, or blasphemous written or printed statement, calculated or such
as is likely to cause a breach of the peace.
(d) Displaying, circulating, issuing or publishing any, slanderous or obscene,
immoral, or lewd pictures, posters, literature, writings, drawings or oral
statements.
(e) Permitting, suffering, or maintaining any fence, wall, plantings, landscape
materials, or any other item within twenty feet of any street right-of-way corner
which interferes with or obstructs traffic visibility.
Subd. 2. Abatement. Whenever the officer who is charged with enforcement
determines that a public nuisance is being maintained or exists on premises in the city, the officer
shall notify in writing the owner and occupant of the premises of such fact and order that such
nuisance be terminated and abated. The notice shall be served in person or by certified or
registered mail. If the premises are not occupied and the owner is unknown, the notice may be
served by posting it on the premises. The notice shall specify the steps to be taken to abate the
nuisance and the time, not exceeding 30 days, within which the nuisance is to be abated. If the
notice is not complied with within the time specified, the enforcing officer shall report that fact
forthwith to the council. Thereafter, the council may, after notice to the owner and occupant and
an opportunity to be beard, provide for abating the nuisance by the city. The notice shall be
served in the same manner as notice by the enforcing officer is served and shall be given at least
ten days before the date stated in the notice when the council will consider the matter. If notice is
given by posting, at least 30 days shall elapse between the day of posting and the hearing.
Subd. 3. Recovery of Cost. The owner of premises on which a nuisance has been
abated by the city shall be personally liable for the cost to the city of the abatement, including
administrative costs. As soon as the work has been completed and the cost determined, the city
clerk or other official designated by the council shall prepare a bill for the cost and mail it to the
owner. Thereupon.the amount shall be immediately due and payable at the office of the city
clerk.
Plymouth City Code 2010.01, Subd. 4�
Subd. 4. Assessment. If the nuisance is a public health br safety hazard on private
property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private
property or outside the traveled portion of streets, or unsound or insect -infected trees, the clerk
shall, on or before September 1 next following abatement of the nuisance, list the total unpaid
charges along with all other such charges as well as other charges for current services to be
assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which
the charges are attributable. The council may then spread the charges against such property under
that statute and other pertinent statutes for certification to the county auditor and collection along
with current taxes the following year or in annual installments, not exceeding ten, as the council
may determine in each case.
Subd. S. Penal. Violation of this Subsection is a Misdemeanor. The imposition
of one penalty for any violation of this Section shall not excuse the violation, or permit it to
continue. Each ten days that prohibited conditions are maintained shall constitute a separate
offense.
_77— 301
Plymouth Human Rights Commission
July 11, 1996
Minutes
Present: Gary Anderson, Jeff Richards, Howard Sigal, Jackie Fraedrich,
Laurie Levi, Harvey Guttmann, Marion Hellend (Golden Valley Human
Rights Commission), Assistant City Manager Kathy Lueckert
Excused: Ginny Clark, Claudelle Carruthers
Absent: Mitzi Heath
Call to Order
Gary Anderson called the meeting to order at 7:40 p.m.
Approval of Agenda
Jeff Richards asked to add to the agenda a discussion of the Human Rights
Commission display at the Plymouth Library, and the Human Rights Award. The agenda
was approved with these amendments.
Approval of Minutes
The minutes of the June meeting were approved as presented.
Old Business
A. Calendar of Events. Gary Anderson reviewed the 1996 calendar of events. He
asked that HRC members keep him informed of events so that he can add them to the
calendar.
B. Project List.
Music in Plymouth. Gary Anderson reported that he, Harvey Guttmann, and Jeff
Richards had staffed the HRC table at Music in Plymouth. Pogs and brochures were given
away, and the human rights award guidelines were available. Commission members
wondered if the location of the city tent had an impact on traffic and interest.
Presentations. Gary Anderson reported that he and Mitzi Heath had given a
presentation at Plymouth Middle School. Mort Ryweck has asked Gary Anderson to be a
presenter at the League of Minnesota Human Rights Commissions annual conference.
Gary Anderson asked if it would be possible to use police roll calls to provide information
on the Hate/Bias Crime response plan.
C. Work Plan
Regional School Conference. Jackie Fraedrich handed out draft materials for the
Regional Workshop on the Formation of School Human Rights Commissions, to be held
in Plymouth on September 26. Jackie Fraedrich indicated that the announcement would
go out after Labor Day. The HRC discussed which school districts should be invited, and
talked about registration limits. Invitees may include Wayzata, Hopkins, Osseo,
Robbinsdale, Lakeville, Columbia Heights, St. Louis Park, Brooklyn Center, Minnetonka,
and Eden Prairie. A decision will be made in August. The HRC also discussed panelists,
and agreed to ask Mitzi Heath to be the Plymouth representative on the panel. Laurie
Levi asked about feedback and evaluation, both at the conference and afterward. Marion
Hellend agreed to work on an on-site evaluation form.
Liaisons. Laurie Levi has developed the written directory, and has it on disk ready
to be turned into a mailing list. Gary Anderson stated that he thinks the HRC should do
an introductory mailing in August, stating the purpose of the HRC. This might produce a
better response when the mailing for the Human Rights Award is sent out.
National Night Out. Gary Anderson said that 66 groups have signed up for
Plymouth's National Night Out celebration. He said interested HRC members should
meet at 5:30 p.m. on August 6, at the rear of the Public Safety Building. The HRC will
wear their new tee-shirts and distribute HRC brochures.
Human Rights Award. Jeff Richards reported that the August Plymouth News will
have an article on the award, and also have a notice in October. The HRC had some
discussion about who should sit on the selection panel, but no decisions were made.
Autumn Arts Fair. The Autumn Arts Fair will be September 14, from 9-5 p.m.
Jeff Richards is working on an activity for the HRC table. Howard Sigal distributed a
sign-up sheet.
New Business
A. Random Acts of Kindness. Gary Anderson discussed the Random Acts of
Kindness program. This program encourages individuals to do nice things for others
through distributed tokens. Gary Anderson stated that the HRC would partner with the
Plymouth Police, churches, and other groups to promote the program. He stated that he
and Sara Cwayna, Public Safety Education Specialist, are developing a feedback
mechanism and ideas for marketing the program.
B. Plymouth Library Display. Jeff Richards discussed the possibility of the HRC
doing a display at the Plymouth Library. The HRC agreed to do a display in April 1996,
and focus on the Days of Remembrance/Holocaust.
C. August Speaker. Harvey Guttmann suggested a speaker for the August
meeting who is a specialist in disabilities. The HRC asked Harvey Guttmann to extend the
invitation.
For Information
Gary Anderson distributed an editorial from the Star Tribune about hate and bias.
Kathy Lueckert will distribute this with the minutes.
Adiournment
The meeting adjourned at 9:15 p.m. The next meeting is Thursday, August 1.
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JUNE 25t 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John
Stoebner, Jeff Thompson, Tim Bildsoe, Saundra Spigner,
Roger Berkowitz
MEMBERS ABSENT: None
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara
Senness, Senior Planner John Keho, Planner Shawn Drill,
City Engineer Dan Faulkner, and Clerical Supervisor Denise
Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION by Commissioner Thompson, seconded by Commissioner Spigner
recommending approval of the May 28, 1996, Planning Commission Minutes.
Vote. 7 Ayes. MOTION carried unanimously.
5. CONSENT AGENDA: No items.
6. PUBLIC HEARINGS:
A. C. G. REIN (96044)
Chairman Stulberg introduced the request by C. G. Rein for an Amendment to the Land
Use Guide Plan Element of the Comprehensive Plan to reguide 5.76 acres from CL
(Limited Business) to CS (Service Business), Rezoning from B-1 (Office Limited Business
District) to B-3 (Service Business District), Preliminary Plat to create three lots, Site Plan,
Conditional Use Permit, and Variances for property located at the southwest quadrant of
Highway 169 and Schmidt Lake Road.
Planning Commission Minutes ✓�'", /
June 25, 1996 ✓ /Z
Page #151
Senior Planner Keho gave an overview of the June 14, 1996 staff report noting that on
Page 5, Item E, it should state "to rezone 5.76 acres to B-3 (Service Business District)."
Commissioner Ribbe stated that he is concerned with the traffic that will be generated by
the proposal, and that it does not seem possible that a medical building would produce the
same amount of traffic as a Class I restaurant, as the traffic report indicated.
City Engineer Faulkner stated that traffic would be about the same for outbound left turns
for a medical building considering the directional trip distribution during peak time.
Director Hurlburt commented that an office building could be three or four times larger -
80,000 square feet, versus the proposed 15,200 square feet.
Commissioner Thompson stated that his understanding is that the church is concerned
with traffic on Sunday mornings, and that traffic from a restaurant can be higher on a
Sunday morning. City Engineer Faulkner added that background traffic is very minimal on
weekends.
Commissioner Ribbe stated that the traffic study indicates that any form of development
may cause some traffic problems. He wondered if the proposal is approved, and traffic
gets unmanageable, can the process be sped up with the Minnesota Department of
Transportation for traffic signals for the east and west ramps of Highway 169. City
Engineer Faulkner replied that it is envisioned that the four way stop at Nathan Lane and
Schmidt Lake Road would continue to work until 1998. Director Hurlburt added that
traffic controls are needed whether this development is approved or another development
goes in on the site.
Commissioner Bildsoe asked what a level of service F is as indicated in the traffic report
prepared by the City's consultant, Strgar-Roscoe-Fausch (SRF). City Engineer Faulkner
explained that it is a stop -type condition that constitutes delays being minutes rather than
seconds. Commissioner Bildsoe asked if the level of service F would happen after the site
is developed and would it be acceptable if a signal was not installed. City Engineer
Faulkner replied that traffic signals for the west and east ramps of Highway 169 are
scheduled for 1998. Until the signals are installed, traffic will cause a slight problem, but
not an unacceptable situation.
Commissioner Thompson questioned if a specific finding has to be demonstrated to
change the Comprehensive Plan. Senior Planner Keho explained that you do not have to
rely on a specific item, rather there are goals stated in the Comprehensive Plan and staff
looks at all the items together to see if the benefit of the project outweighs the negatives.
Director Hurlburt added that the City has broad discretion to define the Comprehensive
Plan and does not have to meet a specific criterion.
Commissioner Spigner commented that since the businesses have not been named, we do
not know the popularity, and there could be significant traffic difference based on the
Planning Commission Minutes
June 25, 1996
Page #152
f' J
popularity of the restaurant. There is no ingresslegress which causes more difficulty.
There will be added traffic not only to Schmidt Lake, but to residential traffic on 45th
Avenue. Chairman Stulberg stated that you need to assume that any business that goes in
on the site will be successful. Commissioner Spigner stated she would rather have the
facts and not assume.. Chairman Stulberg stated that the applicant is not required to come
forward with the names of businesses that may occupy the site. Senior Planner Keho
stated that the access is a shared access built to serve this property and the church
property. The potential for cut through traffic would exist no matter what business goes
in on the site.
Commissioner Spigner stated that an office building has a totally different traffic pattern
than a restaurant and convenience store. She asked what if something larger goes in than
what is proposed. Senior Planner Keho replied that the.application includes a restaurant
for 300 seats. If they want something bigger, they would have to come back through the
Planning Commission process.
Commissioner Berkowitz asked what a Class I restaurant is. Senior Planner Keho
explained that a Class I restaurant does not have a drive-through facility. If the applicant
would want a drive-through facility, it would have to go through the Planning Commission
process.
Commissioner Stoebner asked about the possibility of signalizing the entrance, or an
entrance along Highway 169. City Engineer Faulkner replied that a signal would not be
placed on a private drive. There are no plans scheduled to relocate the west frontage
road, and the land is owned by someone other than the applicant.
Chairman Stulberg introduced Linda Fisher, representing the petitioner.
Ms. Fisher stated that they concur with the staff report and the listed conditions. The
applicant has met with people representing the church to discuss issues. Ms. Fisher stated
that the Planning Commission recommended unanimous approval of the previous request
in 1989. The size of the project has decreased dramatically since the last application. The
proposed development in 1989 was for a retail shopping strip mall, and the need has
changed to create service type businesses. Since 1989, CS guided land is not as readily
available for developing.
Ms. Fisher stated that the applicant also had a traffic study prepared by BRW, Inc. She
explained that traffic generation is based on two things, type of use and square footage of
use. Both type of use and square footage have changed since the 1989 proposal. Ms.
Fisher stated that the site will be developed whether this proposal is approved or not. Ms.
Fisher stated that there is a clear finding in the both the SRF and BRW traffic studies,
which is that traffic impacts would be substantially the same for the existing guiding and
the proposed guiding. All four levels of service - A to D - are acceptable. Level of
service D is generally considered acceptable in an urban area. She stated that there is a
Planning Commission Minutes
June 25, 1996
Page #153
-r-.3-11Z
minor left-hand turn movement at a level of service F for one hour of the day. From an
overall function, the project would operate at an acceptable level of service. The applicant
has offered to contribute one leg of the traffic signal, which they are not required to do. If
monitoring looks to be acceptable long term at Nathan Lane and Schmidt Lake Road, the
applicant would escrow money for the one leg of the traffic signal. Ms. Fisher explained
that trip generation is done on the basis of category of uses. Both traffic studies indicated
that the proposed use is comparable to other uses. The studies looked at the PM peak
hour, and traffic generation and trip generation is comparable. The studies did not take
into account Sundays, because of low background traffic. The uses such as the
convenience store and auto service center, have a high percentage of pass by trips, which
means that the traffic is already on the road, rather than destination oriented.
Ms. Fisher commented that the proposed guiding is consistent with the Comprehensive
Plan. The developer has chosen to integrate all sites, as opposed to coming in with
separate applications. The auto service center is close to being leased.
Chairman Stulberg introduced Tony Heppelman, of BRW, Inc., representing the
petitioner.
Mr. Heppelmann stated that he agrees with Ms. Fisher's analysis of the traffic report. Mr.
Heppelmann presented a chart from the BRW, Inc. traffic study indicating that during PM
peak hour, the trip generation for the proposed site is 115 versus 134 under a general
office use. He stated that any uncontrolled intersection causes a problem for left-hand.
turn movement, but you then look at the amount of delay. The traffic study assumed an
even split of movement, but uses are more oriented from Highway 169; therefore, there
would be more right -turn movement from the site. The access can handle a queue of three
or four vehicles. If the queue gets too long, people do begin to take chances at pulling
out. Mr. Heppelmann presented an aerial photo of the site showing the access out to
Nathan Lane is not highly visible, so it should not present a problem for cut -through
traffic.
Chairman Stulberg introduced John Bergly, landscape architect, representing the
petitioner.
Mr. Bergly stated that the applicant originally started out with a Planned Unit
Development for the site, but then decided to plat into three lots. The green areas are just
under 50 percent of the site. Mr. Bergly presented the Landscape Plan detailing landscape
buffering between two parking areas for the restaurant and the auto service center. The
site is 18 to 20 feet lower than the intersection. The building exteriors will consist of brick
and stucco, and the roofs will be the same color. The canopy for the fuel island will be
coordinated with the convenience store building. There will be decorative lighting around
the perimeter of the site, with large overhead lighting only in the back of the site. The
landscaping will consist of 76 overstory and 39 ornamental trees, and 50 shrubs.
Planning Commission Minutes
June 25, 1996
Page #154
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Donald Roening of 4709 Louisiana Avenue North, Crystal.
Mr. Roening stated that he is concerned with the additional traffic and the risk of damage
to the curbs and driveways. He wanted to know who is responsible for the repairs to the
curb and driveway. Mr. Roening asked what is the proposed height of the freestanding
signs. Mr. Roening was also concerned with a restaurant going in and the potential of a
liquor license next to the church. Mr. Roening would like to see a separate entrance for
the proposed businesses.
Chairman Stulberg introduced Paul Rodrigue of 4724 Erickson Drive, New Hope.
Mr. Rodrigue states that he lives on the east side of Highway 169. He did not see the
need for an additional service station since there is already one located on 49th Avenue
east of Highway 169. Mr. Rodrigue stated his concern for the added traffic, loss of
wildlife and what the freestanding signs would look like. Mr. Rodrigue asked why the site
has to be developed at all. He stated that the proposal will add jobs, but will also add
traffic.
Chairman Stulberg introduced Mauri Mickelson, 6072 Rhode Island Avenue North, New
Hope.
Mr. Mickelson stated that the site was always intended to be a business type property and
that is why the church agreed to a shared driveway. They did not agree to the proposed
type of development. He stated that traffic will be a continuous problem, not just on
Sundays. With the long term projection of an controlled intersection, there will be a back-
up of traffic causing further hindrance to the church site. Mr. Mickelson stated that the
current shape of the driveway precludes sharp turns made by semi -trailers. Mr. Mickelson
did not think a "Do Not Enter" sign would be an appropriate sign for a church property.
Mr. Mickelson commented that he was also concerned for building and ground
maintenance of the proposed development.
Chairman Stulberg introduced Dr. Bob Hoover of 2020 Orkla Drive, Golden Valley.
Dr. Hoover commented that the proposal looks good from an aesthetics point. He stated
that no matter what goes in, there will be the same types of problems with the internal
intersection. He was concerned with the road in front of the businesses going into the
church lot and then exiting out to Nathan Lane.
Chairman Stulberg closed the public hearing.
In response to questions raised regarding traffic, Senior Planner Keho stated that there are
constraints from the wetland that would prohibit offsetting the exit from the church. The
Planning Commission Minutes
June 25, 1996
Page #155
road is designed to a 45 degree turning radius for fire trucks to access the site if needed.
Mr. Bergly commented that alternatives were looked at that were not acceptable to the
City. Offsetting the driveways to the church and the C. G. Rein site was considered, but
there was not enough room to do so. Mr. Heppelmann stated that templates were applied
for the turning width for trucks entering the site. The access is designed for trucks to get
in and out of the site. Mr. Heppelmann stated that a "No Thru Traffic" signwould be
more appropriate for the church property, and C. G. Rein would be willing to pay for the
signs.
In response to the question raised as to who is responsible for damage to the private drive,
City Engineer Faulkner stated that the City does not get involved with private drives; it is
up to the individual owner.
Mr. Bergly stated that there will be two freestanding signs at 36 feet; one sign will be
placed in Lot 1, and one in Lot 3. Mr. Bergly stated that the signs have not been designed
yet, but will be compatible with the buildings. Chairman Stulberg added that the
ordinance will not allow any reader boards or blinking lights on signs. Director Hurlburt
asked how high the signs would be in relation to Schmidt Lake Road. Mr. Bergly replied
that the sign on Lot 3 will be at grade level, and the one on Lot 1 will be down 16 feet
from the level of Schmidt Lake Road.
Senior Planner Keho explained that if the application is approved as submitted, the
applicant will be required to submit a financial guarantee. Once the project is completed,
and all conditions are met, the financial guarantee is returned. If the land is platted and
sold and there are any changes of impact, the applicant would have to come back to the
Planning Commission. A use that requires a Conditional Use Permit would also need -to
come back before the Planning Commission. Chairman Stulberg stated that the City has
no setback regulations regarding liquor licenses being issued to establishments located
near religious facilities. Director Hurlburt added that the City does not allow a liquor
license without a restaurant. attached.
In response to Mr. Rodrigue's question, Chairman Stulberg replied that the area does not
have to be developed, but the owner has the right to do so. The City can only consider
the application as it relates to guiding and zoning regulations.
In response to Mr. Mickelson's comments, Senior Planner Keho stated that he did not find
any documentation on file regarding a covenant for the shared access. Ms. Fisher stated in
talking with the applicant, there is no covenant that connects the shared access to zoning
of the site. The church did not buy the property from C. G. Rein, so she did not know
what may have'been said verbally. Ms. Fisher offered that the applicant would work with
the church on a maintenance agreement for the shared access, if development goes
forward.
Chairman Stulberg introduced Dennis Cavanaugh, president of C. G. Rein.
Planning Commission Minutes
June 25, 1996
Page #156
Mr. Cavanaugh stated that there will be a format for maintenance of all the properties. C.
G. Rein would retain ownership of one of the entities and the other two would be
separately owned. C. G. Rein will make sure they have a maintenance agreement with the
new owners to ensure .the property is maintained.
Ms. Fisher stated that with regard to consideration of growth in background traffic, the
traffic study done by SRF projected to the year 2015 and growth was built into the study.
Commissioner Spigner asked why two Variances were granted from the Fire Code.
Senior Planner Keho explained that a Variance from the Fire Code is approved by the City
Council and that it is put into the resolution now, so that it is not omitted when it goes to
City Council. Commissioner Spigner asked what the Fire Chief s opinion was on the
issue. Senior Planner Keho replied that it was recommended for approval. Director
Hurlburt added that there are issues that need to be amended in the Fire Code regulations
and that the buildings on Lot 1 and 3 do not need to have a fire lane around them.
Commissioner Thompson questioned what finding #3 means on Page 2 of the staff report.
Senior Planner Keho explained that it was standard wording used by the City Council at
that time. Director Hurlburt explained that "highest and best use" is not a planning term,
rather an economic term. It is not a reason to approve or deny an application.
Commissioner Berkowitz was concerned that the entry way is not large enough to serve
three businesses and the church and thought there could be potential problems. He asked
if there is a frontage road along Highway 169, south of Schmidt Lake Road. City
Engineer Faulkner replied negatively. Director Hurlburt asked if the driveway would be
widened from what currently exists. Mr. Bergly stated the roadway is built out to the
edge of the easement - 33 feet, while the plan shows 40 feet.
Commissioner Berkowitz commented that a "no thru traffic" sign would be more
appropriate for the church.
Commissioner Thompson asked what the maintenance agreement entails relating to the
private drive. Ms. Fisher replied that nothing has been discussed at this point, but that the
developer would work out an agreement with the church.
Commissioner Ribbe stated that according to Mr. Heppelmann there would be a stronger
orientation of traffic exiting right from the site toward Highway 169, but vehicles would
still have to make a left turn into the site from Schmidt Lake Road. Mr. Heppelmann
stated that vehicles making a left turn from Schmidt Lake Road only have to look at
oncoming traffic from two lanes. Vehicles making a left turn from the site onto Schmidt
Lake would have to look both left and right before exiting. There will be two exiting lanes
from the site for left and right turns.
3 6
Planning Commission Minutes
June 25, 1996
Page #157
MOTION by Commissioner Stulberg, seconded by Commissioner Thompson
recommending approval of the Land Use Guide Plan Amendment and Rezoning for C. G.
Rein Industries, Inc.
Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Commissioner Ribbe voted
Nay.)
MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending
approval of the Preliminary Plat, Site Plans, Conditional Use Permits, and Variances for C.
G. Rein Industries, Inc. for property located at the southwest quadrant of Idighway 169
and Schmidt Lake Road.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner
adding Condition #14 requiring the applicant to pay for one leg of a traffic signal between
Nathan Lane and Highway 169.
Commissioner Berkowitz asked if the Department of Transportation would be paying for
that. City Engineer Faulkner replied that a local contribution might help speed up the
process through the Department of Transportation.
Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner
adding Condition #15 requiring the applicant to pay for signage at both church entrances
to reduce cut through traffic.
Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Thompson adding
Condition #16 requiring the applicant to enter into a maintenance agreement concerning
the shared driveway with the church property owners.
Roll Call Vote on Motion to Amend. 7 Ayes. MOTION carried unanimously.
Roll Call Vote on Main Motion as Amended. 6 Ayes. MOTION carried on a 6-1
Vote. (Commissioner Ribbe voted Nay.)
Chairman Stulberg called a recess at 9:10 p.m. and reconvened the meeting at 9:28 p.m.
B. ROGER SCHLUSSEL (96074)
Chairman Stulberg introduced the request by Roger Schlussel for a Planned Unit
Development Amendment and Conditional Use Permit Amendment for an addition that
would encroach four feet into the required side yard setback for property located at
Planning Commission Minutes
June 25, 1996 �—
Page #158
11400 -39th Avenue North. The Amendment would allow construction of an addition
onto the rear portion of the garage on the east side of the home.
Planner Drill gave an overview of the June 14, 1996 staff report.
Chairman Stulberg introduced Roger Schlussel, the petitioner.
Mr. Schlussel stated that he concurs with the staff report and conditions. He noted that
the as -built survey indicates that the addition can be a maximum width of 8.5 feet rather
than 8.83 feet, as was originally requested.
Chairman Stulberg opened and closed the public hearing as no one was present to speak
on the issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe recommending
approval of the Residential Planned Unit Development Amendment and Conditional Use
Permit Amendment for Roger Schluessel for property located at 11400 -39th Avenue
North.
Roll Call Vote. 7 Ayes. MOTION carried unanimously.
C. CITY OF PLYMOUTH - ZONING ORDINANCE AMENDMENT (96078)
Chairman Stulberg introduced the request by the City of Plymouth for a Zoning Ordinance
Amendment establishing antenna regulations, including definitions, allowable uses and
performance standards.
Planning Supervisor Senness gave an overview of the June 20, 1996 memo and presented
a City map depicting tower locations. Planning Supervisor Senness also provided pictures
of existing towers and antennas.
Consultant David Licht gave an overview of the changes to the proposed Zoning
Ordinance Amendment. He stated that changes were made based on suggestions from
ham radio operators in a joint meeting with City staff. Mr. Licht stated that "Federally -
licensed amateur radio stations" replaced the term "ham radio transmitters". Mr. Licht
suggested that an amendment be made to Page 2, Section 50 to insert the wording
"limited to one support structure per property" before .....as regulated in Section 10,
Subdivision F. of this Ordinance. Any additional structure will require a Conditional Use
Permit. Mr. Licht noted that a change may need to be made to Page 6, Item 2b., that an
applicant may not need a Conditional Use Permit or Administrative Permit, but may need
a building permit.
Mr. Licht stated that the maximum height of an antenna used in amateur radio service
remains the same as it is in the City's current ordinance, which is 70 feet. Federally-
Planning Commission Minutes
June 25, 1996
Page #159
licensed
amateur radio operators are exempt from the requirements that antenna
installation and minimum height necessary to function be verified by a professional
engineer (General Standards c., f., and i., Page 6). The exception to these changes is
where a Conditional Use Permit is required. In these instances, the applicant needs a
professional engineer to verify that the height of the antenna is the minimum necessary to
function satisfactorily (General Standard f., Page 6). The ordinance does require that
towers be installed in the accordance with the manufacturer's instructions or with
modifications that do not exceed the published allowable load.
Mr. Licht stated that under General Standards, items f. and i. need to be taken in concert.
Under item h., there may be licenses that come in after the tower application. That would
be acceptable, provided there is demonstration of the use of the antenna. Mr. Licht
pointed out a correction that item m. should be item 1. Mr. Licht stated that the word
"continuous" should be deleted, from item c2b. on Page 10.
Chairman Stulberg continued the public hearing.
Chairman Stulberg introduced Hans Brakob of 1610 Weston Lane.
Mr. Brakob thanked the consultant and City staff for the time spent meeting with the ham
radio operators and that the modifications to the proposed Zoning Ordinance Amendment
are fair and acceptable.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Bildsoe, seconded by Commissioner Ribbe recommend
approval of the ordinance amending the Plymouth Zoning Ordinance by establishing
antenna regulations, including the changes noted.
Roll CaU Vote. 7 Ayes. MOTION carried unanimously.
D. ON -BELAY OF MINNESOTA, INC. (96079)
Chairman Stulberg introduced the request by On -Belay of Minnesota, Inc. for a
Conditional Use Permit Amendment to increase the number of beds from 15 to 20 for an
existing Juvenile Treatment Program located at 115 Forestview Lane North.
Planner Keho gave an overview of the June 21, 1996 staff report. The license from the
State has been issued to increase the number of beds to 20.
Chairman Stulberg introduced Sharon Foster, representing the petitioner.
Planning Commission Minutes
June 25, 1996
Page #160
Ms. Foster, Business Manager for On -Belay of Minnesota, stated that she is available for
questions, if needed. She noted that the agenda indicates the address of On -Belay of
Minnesota as 105 Forestview, and it should be 115 Forestview.
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 Bildsoe recommending
approval of a Conditional Use Permit Amendment for On -Belay of Minnesota, Inc. for
property located at 115 Forestview Lane.
Commissioner Berkowitz commented that with notices being mailed to all residents within
1,320 feet of the applicant, it should speak highly of the business, since no one showed up
to speak against the request to expand.
Roll Call Vote. 7 Ayes. MOTION carried unanimously.
At 9:55 p.m., Chairman Stulberg called for the meeting to be continued to the Bass Lake
Room.
Meeting continued at 10:10 p.m.
7. NEW BUSINESS
A. ZONING ORDINANCE UPDATE (95100)
Planning Supervisor Senness indicated that staff is looking for additional input on the
residential sections of the new ordinance so they can move toward the wider public
process to discuss the changes. Questions were raised about the need for estate lots.
Staff responded that we would look at this issue when we get into the planning for
Northwest Plymouth. There was also a question about regulations for cats as well as
dogs. Consultant David Licht noted that other communities that tried regulating cats
encountered strong opposition. It was also noted that dogs are licensed and cats are not.
The need for schools in Northwest Plymouth was raised. Staff noted that this is a
planning, rather than a zoning issue and further, that schools typically do not purchase
land in advance of need, based on budget factors. In response to a question about CUPs
for churches, Consultant Licht noted that the City will want to control certain types of
activities in churches and that land use compatibility is a real issue with them.
The Commission discussed Livable Communities goals. Staff noted that a number of
changes in the ordinance are intended to remove zoning as a barrier to affordable housing.
Planning Commission Minutes
June 25, 1996
Page #161
136
The Commission also reopened their discussion on the C.G. Rein application. Several
Commissioners indicated that they had concerns about the project that they did not voice
during the earlier discussionbecause they were unsure about other Commissioners
positions. They also raised e appropriateness of raising objections to the Council once
the Commission had voted.: Staff noted that the Commission may want to consider
ground rules. After considerable discussion, staff indicated that the Commission could
vote to reconsider their earlier motion, even with the applicant absent.
MOTION by Commissioner 1 Spigner to reconsider the earlier motion failed for lack of a
second.
The meeting adjourned at 11:35 p.m.
1-- 3 '�'v
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JULY 99 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John
Stoebner, Jeff Thompson, Tim Bildsoe, Saundra Spigner,
Roger Berkowitz
MEMBERS ABSENT:
STAFF PRESENT: Planning Supervisor Barbara Senness, City Engineer Dan
Faulkner, and Clerical Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
MOTION BY Commissioner Thompson, seconded by Commissioner Ribbe to recommend
approval of the June 11, 1996 Planning Commission Minutes.
Vote. 7 Ayes. MOTION carried unanimously.
5. CONSENT AGENDA: No Items.
6. PUBLIC HEARINGS:
A. CARL UNRATH (96072)
Chairman Stulberg introduced the request by Carl Unrath for a Conditional Use Permit to
place 290 cubic yards of fill to improve drainage conditions and create a level play area for
property located at 11209 Sunset Trail.
Planning Supervisor Senness gave an overview of the July 5, 1996 staff report.
Chairman Stulberg introduced Carl Unrath, the petitioner.
Mr. Unrath stated that he concurs with the staff report.
Planning Commission Minu s
July 9, 1996
Page #163
Z-3 G
Commissioner Spigner asked what kind of problems the petitioner was having with the
property.
Mr. Unrath explained that there is a `lip" that is two inches higher that goes along the
ditch. The water goes from south to north and drains under Sunset Trail. When it rains,
the water pools for about a week creating mud and saturation.
Commissioner Spigner asked if the petitioner would be filling in the area around the
mature trees and to the property line.
Mr. Unrath replied that the area around the mature trees would be filled and the fill would
slope near the property line. Mr. Unrath added that he has tried to grow trees, but the
land is too wet.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Spigner, seconded by Commissioner Thompson to
recommend approval of the Conditional Use Permit for Carl Unrath for property located
at 11209 Sunset Trail.
Roll Call Vote. 7 Ayes. MOTION carried unanimously.
Chairman Stulberg introduced the special meeting agenda for July 30, 1996. Any
additions or corrections should be addressed to Barb Senness or Anne Hurlburt.
Planning Supervisor Senness talked about the timetable for the Zoning Ordinance.
Consultant David Licht is preparing the entire text for Commissioners to review and
should be ready for the August 27 Planning Commission Meeting. Staff will mail out the
draft ordinance at least a week in advance of the meeting to give Commissioners extra
time to review it. Beginning in September meetings will be held with interested parties
pertaining to commercial and industrial changes, as well as residential changes.
MOTION by Commissioner Spigner, seconded by Commissioner Thompson to adjourn.
Meeting was adjourned at 7:20 p.m.
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cIry of
PLYMOUTR
July 10, 1996
Mr. Dale Weeks
3240 North Walnut Grove Lane
Plymouth, MN 55447
Dear Mr. Weeks:
The Police Department would like to thank you for the comment card you completed on
Saturday, June 29, 1996. Chief Gerdes is out of town at a training conference for a
couple of weeks, so I am reviewing the department mail in his absence.
The Police Department has employees who work the various shifts, 24 -hours a day, 7 -
days a week; however, the Records Division is open only during regular business hours
Monday through Friday. The individual who helped you on Saturday is assigned to street
patrol duty and is not familiar with the office records area. The officers who come in
from street patrol to help people in the office may be almost anywhere in the City when
the call is received. Although they respond as quickly as they can, it usually takes a few
minutes to get back to the office. The service could also be somewhat slower because the
officer who does not work in the records area usually takes longer to find the information
that is requested.
Thank you again for your comments; they are important to us. I am sorry that you had to
wait so long. In the future, if you are unable to stop by during regular business hours,
please call ahead and the records staff will prepare your request so that it is available for
pick-up with a minimum of waiting.
Sincerely,
---IA" _ _ - C—
Thomas
Thomas Saba
Lieutenant
PLYMOUTH POLICE DEPARTMENT
be
PLYMOUTH ,1 Beautiful Place?o Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
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46
CITY OF
PLYMOU?R
July 18, 1996
Tim Guddal
Westland Equities
3025 N. Harbor Lane Suite 316
Plymouth, MN 55441
Dear Mr. Guddal:
Mayor Tierney has forwarded your letter to me for additional review and comment. First, let me
say I apologize for any past problems the Civic League and the City may have imposed upon you.
Had you contacted me earlier, I would have had an opportunity to investigate and try to correct
any problem. However, I didn't receive the letter until late in the afternoon on July 2 this year, at
which time it was too late to make any appropriate response.
For your information, the Police Department has consistently been against any cars parking on the
grassy areas for fear of grass fires starting. In checking with them, I am not aware of any cars
parking on your property, although it is possible it may have taken place. It is our hope that next
year the civic facility will be available with an additional 700 cars of parking, which will greatly
help with the problem that you have addressed. I will also pass your letter on to the Plymouth
Civic League so they are aware of your concerns with the Music in Plymouth program.
Sincerely,
Eric Blank
Directory of Parks and Recreation
cc Mayor
Council
PLYMOUTH ,4 Beau tifulPlaceTo Live
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (612) 509-5000
Every year the City has hosted the Concert in Downtown, cars con-
tinue to park on our property. The one year Eric Blanc asked
about parking cars there, the answer was no. We were told the.,
police would keep the public off. The public parked there anyway.
It seems that the City has no conscience about extracting hundreds
or thousands of dollars from any dev.eloper who is trying to do
something constructive in this city. But, when it comes time -for
Plymouth to have a need, it simply takes it without fair and
reasonable compensation.
The 125 to 150 cars which will park on our property tonight will
trample the alphalfa crop ruining it just a little more. (It is
not wild grasses, we spent our money to plant it). It is also
very coincidental that just a few weeks before the concert, we
landowners receive a notice from the inspector to cut the grass.
The alphalfa crop is never ready by then, but with the City
holding a hammer over us, we get it cut.
Plymouth wonders why it has a reputation problem? Look at the
way Plymouth treats people. Is it arrogance or the lack of
concern for fairness to we citizens?
The City will be receiving our bill for this year and last year.
We think reasonable is 150 cars at $3 per car for 1995 (land was
posted) and 1996 or $900. Considering we receive absolutely no
benefit from public services even though our taxes don't reflect
it, this is more than reasonable.
Yours truly,
cc: Mayor Joy Tierney
f�
WESTLAND EQUITIES
, 1025 N. HARBOR SUITE 316
PLYMOUTH, MN 55441
`C5 ' ' `,
`..,.
(612) 559-0014
J u l y 2.,, , 996
• i ,
Dwight Johnson, Manager;`' -3
City of Plymouth ;ti,
Dear Mr. Johnson: \,
As the City prepares for ant�_6t 6-* "Musi�In Plymouth" (I
under-
stand as many as 15,000 are e�cpscted)''we can't help but
feel
used by The City. Apparently, the City, unlike private
developers,
doesn't have to abide by.parking ordinances and can host
an event
which will draw thousands of cars. Since the City does
not have
adequate parking, where will these cars park? We all know
where
they park. The public parks anywhere they feel like it,
even on
posted private property such as ours on 37th Ave.
Every year the City has hosted the Concert in Downtown, cars con-
tinue to park on our property. The one year Eric Blanc asked
about parking cars there, the answer was no. We were told the.,
police would keep the public off. The public parked there anyway.
It seems that the City has no conscience about extracting hundreds
or thousands of dollars from any dev.eloper who is trying to do
something constructive in this city. But, when it comes time -for
Plymouth to have a need, it simply takes it without fair and
reasonable compensation.
The 125 to 150 cars which will park on our property tonight will
trample the alphalfa crop ruining it just a little more. (It is
not wild grasses, we spent our money to plant it). It is also
very coincidental that just a few weeks before the concert, we
landowners receive a notice from the inspector to cut the grass.
The alphalfa crop is never ready by then, but with the City
holding a hammer over us, we get it cut.
Plymouth wonders why it has a reputation problem? Look at the
way Plymouth treats people. Is it arrogance or the lack of
concern for fairness to we citizens?
The City will be receiving our bill for this year and last year.
We think reasonable is 150 cars at $3 per car for 1995 (land was
posted) and 1996 or $900. Considering we receive absolutely no
benefit from public services even though our taxes don't reflect
it, this is more than reasonable.
Yours truly,
cc: Mayor Joy Tierney
1- 41z
Dear city of Plymouth, we the local bikers,
skateboarders, and agresseve in-line skaters
constentl ie keep getting kick out of the only
desent places to do our hobies and we also
keep getting fended for just tring to have a little
fun. So what I am rilly trying to say is it would
rilly keep us out of trobel with store owners our
parents and the police if the city would bulied a
skate park for us the local kids.
Sencerlie, the locial bikers, skateboards, and
the agresive in-line skaters.
`:7: yYWLA"M
"PO��s
MALS MN �4 O7' i g.f96 1^ M I
• � Y.
6- 18 JUL
'PLrMov7-N czrr- r4At-L
7
(�lm
July 12, 1996 qbcTvcoF
PLYMOUTR
Mary K. Loberg
2810 Jewel Lane
Plymouth, MN 55447
Dear Ms. Loberg:
Thank you so much for taking the time to comment on your experiences at the Summer
Carnival at Parkers Lake Park. It takes extra thoughtfulness to take the time to write a letter:
and I'm sure the staff members mentioned will be thrilled with your praise.
The community always benefits when youth have positive experiences, both as leaders and
participants, and those positive behaviors are reinforced with praise. Thank you again for
your support and concern about Plymouth Park and Recreation programs. We appreciate your
comments. If you ever have suggestions, or additional observations, please let us know.
Sincerely,
Mary Bisek, CLP
Superintendent of Recreation
cc: Mayor and Council
Karol Gruepner
PLYMOUTH A'Beau4u(Place?v Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
July 10, 1996
Eric Blank, Director
Plymouth Parks & Rec
3400 Plymouth Blvd.
Plymouth, MN 55447
Re: Youth Volunteers
Dear Eric:
Last night I attended the Kids Nite at Parker's Lake. It was a fun event for all!
In particular I wanted to report how thoroughly impressed I was with the young people who
volunteered for the children games. Two kids were standouts in my mind and that's why I am
writing.
The two young men working the fish pond and basketball throw, named Pete and Shane,
impressed me so much! I am an educator and find that more often than not, young girls tend to
be more nuturing of small children than adolescent boys. However, these two boys were superb.
They both addressed my son by his name and encouraged him with very positive comments about
his shooting and fishing abilities. I stepped back to watch -them --they were_ like_ this -to. m&X
child that came to their event.
The news is full of.stories about young -people. who get into trouble.. These young people are a
great anecdote to that "news." Please congratulate them on behalf of we community members.
Sincerely,
Mary K. Loberg
2810 Jewel Lape
Plymouth, MN 55447
July 12, 1996
Mr. Jerry Maley, President
Shenandoah Homeowners Association, Inc.
2656 Shenandoah Lane North
Plymouth, MN 55447
Dear Mr. Maley:
1 CITY OF
PLYMOUTH+
This is in follow-up to our conversation regarding the new state Housing Improvement Area legislation
that permits cities to make improvements to private residential property and assess the costs against the
affected properties. I have discussed this legislation with the City Attorney and he has made me aware of
the following issues:
The legislation does not become effective until August 1, 1996. He has advised that petitions
requesting the City to establish a Housing Improvement Area should not be initiated before August 1st.
The City must contract for any work to be done under this legislation in accordance with governmental
bidding and contracting requirements.
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.
I have drafted and the City Attorney has reviewed the enclosed copy of a petition form that you could use
in order to petition the City to establish a Housing Improvement Area for the Shenandoah Townhomes.
The statute requires petitions signed by a minimum of 25 % of the homeowners. You may wish to obtain a
greater percentage in order to demonstrate support for your request before the City Council, which has
complete discretion in considering the petition. If 35 % of the residents or owners of the area file an
objection to the request, it cannot be approved.
In order to qualify for a Housing Improvement Area designation you will have to demonstrate that the
proposed improvements could not be made by your association or the housing unit owners and are needed
to maintain and preserve the housing within the area. The statute also requires that your association
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 are approved .
If you have any questions, please call me at 509-5412.
Sincerely,
C
Edward J. Goldsmith
HRA Supervisor
cc: Dwight Johnson, City Manager
Anne Hurlburt, Director of Community Development
Roger Knutson, City Attorney
Bud Greeley
enclosure
gA.d\b�ing\hra\ o 1M47\hWh712.dw PLYMOUTH :I Beau rifulPlaceTo Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
July 17, 1996
_2 Irc.
Minnesota Pollution Control Agency
Mr. Brian Constans
Robbinsdale School District #281
4148 Winnetka Avenue North
New Hope, Minnesota 55427
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Pilgrim Middle School, 3725 Pilgrim Lane North, Plymouth
Site ID#: LEAK00009454
Dear Mr. Constans:
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that a release ofp etroleum
has occurred from storage tank facilities which you own and/or operate. We appreciate our
timely notification so this site can be handled in an efficient manner. y
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,
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.
l S�
Mr. Brian Constans
Page 2
July 17, 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
612/297-4203.
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 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.
1- Sc
Mr. Brian Constans
Page 3
July 17, 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 612/297-8583. 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,
RickNest
q
Project Manager
Cleanup Unit III
Tanks and Emergency Response Section
Enclosures
cc: Laurie Ahrens, City Clerk, Plymouth
Richard Kline, Fire Chief, Plymouth
Greg Lie, Hennepin County Solid Waste Officer
Rich Hansen, Braun Intertec, Mendota Heights