HomeMy WebLinkAboutCouncil Information Memorandum 04-19-199614
APRIL 19, 1996 -]
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE:
APRIL 29 7:00 P.M. BOARD OF REVIEW
City Center Lunchroom, Lower Level
MAY 1 7:00 P.M. REGULAR COUNCIL MEETING
City Center Lunchroom, Lower Level
2. PLYMOUTH AUCTION, SATURDAY APRIL 20, 10:00 A.M. at the Public Works
maintenance facility.
3. PLANNING COMMISSION, TUESDAY, APRII, 23, 7:00 P.M., City Center Lunchroom,
lower level. Agenda is attached. (M-3)
4. PACT, WEDNESDAY, APRIL 24, 7:00 P.M., Hadley Lake Conference Room, Lower
Level. Agenda is attached. (M-4)
5. HUMAN RIGHTS COMMISSION, THURSDAY, MAY 2, 7:30 P.M., Medicine Lake
Room.
6. MEETING CALENDARS - The April, May, and June meeting calendars are attached. (M-
9)
CITY COUNCIL INFORMATION MEMO
April 19, 1996
Page 2
2. COMMISSION RESIGNATION
a. Attached is a copy of the resignation letter of Plymouth Human Rights Commissioner Rebecca
Ribich. (I -2a)
3. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC
a. Executive summary of the 1996 Legislative Policy Narrative and Policy Success Report from
the Association of Metropolitan Municipalities. (I-3 a)
b. Announcement from Campbell, Knutson, Scott & Fuchs, P.A., that attorney Suesan Lea Pace
has joined the firm to practice areas of Municipal Law and Administrative Law. (I -3b)
c. Copy of Resolution No. 2552, passed by the Wayzata City Council on April 3, 1996,
opposing the construction of any interchange at the intersection of Ferndale Road and T.H.
12. (13 -c)
4. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE
a. Letter to the Mayor from Colin Janke expressing concern about the lack of pedestrian/bike
trails along Xenium Lane from Sunset Trail to Windyhill road in Minnetonka.. Attached is
Parks and Recreation Director Eric Blank's response. (I -4a)
b. Letter to Thomas Malone from Parks & Recreation Director Eric Blank responding to
Malone's letter about the ice arena. Attached is Malone's original letter. (I -4b)
A status report on correspondence is attached. (I-4)
5. CORRESPONDENCE
a. Acknowledgment to Jeffrey Hall from Assistant Manager Kathy Lueckert, following his
appearance at the Plymouth Forum to speak about problems with motorcycles in his
neighborhood. The matter has been assigned to Public Safety Director Gerdes. (I -5a)
Dwight Johnson
City Manager
M-3
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PLANNING COMMISSION AGENDA
TUESDAY, APRIL 23, 1996
WHERE: Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN 55447
CITY CENTER LUNCHROOM (Lower Level)
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.
CALL TO ORDER 7:00 P.M.
Milli . ' ' -261114119K#1201
1►111 Y
62 111 W_ ACR . .Y : .11 :
Doing1. .I :
A. Loucks and Associates, Inc. Planned Unit Development Concept Plan for Holly Creek 5th Addition
for 34 single family detached lots for property located north of 39th Avenue and west of Dunkirk Lane.
(96005)
B. Steven Bohl. Preliminary Plat for 10 single family detached lots to be known as Tyler's Upland
Addition, located at 430 and 500 Vicksburg Lane. (96035)
C. BRW, Inc./TURCK, Inc. Variance for increased impervious surface coverage in the Shoreland
Overlay District, a Site Plan for construction of a 77,378 square foot industrial building and a Lot
Division to create two lots located on the northeast quadrant of Schmidt Lake Road and Fernbrook
Lane. (96040)
A. Carlson Real Estate Co., Inc. Planned Unit Development Preliminary Plan/Plat, Final Plat/Plat and
Conditional Use Permit for the creation of two lots for two multi -story office buildings totaling 160,000
square feet. (96004)
B. Laukka Williams. Planned Unit Development Concept Plan Amendment for Suncourt II Townhomes
to change housing units from all detached single family units to a combination of detached single family
units and attached townhouse units; and, increase the total number of units from 41 to 59. (96020)
A. Zoning Ordinance Update - Planned Unit Development.
JINEEKTIT one) 6, 03 1515
DATE: April 19, 1996
TO: Members of the Plymouth Advisory Committee on Transit
FROM: John Sweeney, Transit Administrator
SUBJECT: APRIL 24 MEETING
The Plymouth Advisory Committee on Transit is scheduled to hold its monthly meeting on
Wednesday, April 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 all materials will be distributed at the
meeting.
I. Introduction of Patty Hillstrom.
II. Approval of minutes of the meetings on March 20, 1996 (will be distributed at the
meeting).
III. Ridership Information 1992 - 1996 and Review of Ridership Statistics for March 1996
(information from George Bentley, 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 - March 1996
IV. Discussion Re: consolidation and renumbering on Route 92D and Route 93 for
statistical and reporting purposes.
m- 4
SUBJECT: April 24 MEETING
Page Two
V. Identification of areas of concern and/or recommendations.
VI. Discussion Re: Transit redesign and proposed performance standards.
VII. Discussion Re: Fare increases scheduled for July 1, 1996
VIII. Discussion Re: Status of integrating new mini -coaches for Metrolink and Dial -A -Ride
into the system.
IX. Discussion Re: Proposed construction plans for County Road 9 from I-494 to
Vicksburg Lane (timetable and impact on routes).
X. Other Comments
cc: Paul Colton, Metropolitan Council
John Mathews, National School Bus Company
Steve Mahowald/Steve Jaeger, MCTO
George Bentley, Consultant
S.F. 4/24/96
MSG
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CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 9, 1996
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John
Stoebner, Roger Berkowitz, Jeff Thompson, and Tim Bildsoe
MEMBERS ABSENT: Commissioner Saundra Spigner
STAFF PRESENT: Director Anne Hurlburt, 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:
The meeting was called to order at 7:00 p.m.
None.
MOTION by Comrrussioner Berkowitz, seconded by Commissioner Bildsoe to approve the
March 26, 1996 Planning Commission Minutes.
Vote. 4 Ayes. MOTION carried. (Chairman Stulberg and Commissioner Ribbe abstained).
5. CONSENT AGENDA
A. RYAN CONSTRUCTION CO. (96036)
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to recommend
approval of the Site Plan for Ryan Construction Co. for property located at 4700 Nathan Lane.
Vote. 6 Ayes. MOTION carried unanimously.
6. PUBLIC HEARINGS
A. GEARTY-DELMORE FUNERAL CHAPEL (95136)
Chairman Stulberg introduced the request by Gearty-Delmore Funeral Chapel for a Site Plan and
Variance to allow construction of a new funeral home to be located at the northeast corner of
Vicksburg Lane and 37th Avenue North.
Senior Planner Keho gave an overview of the April 5, 1996 staff report.
2-1a
Planning Commission Minutes
April 9, 1996
Page #75
Commissioner Bildsoe asked for an explanation of the height and location of the proposed hedge
shown on the Landscape Plan.
Senior Planner Keho explained that one of the goals of the Downtown Plan is to provide "edges"
and to have small front yard setbacks. The applicant's proposed hedge will run along Vicksburg
Lane and round the corner of 37th Avenue to help mitigate the increased front yard setback
proposed by the applicant. The City Forester provided the applicant will a list of plant materials
that would be acceptable to the City and left it up to the applicant to chose from the list.
Commissioner Berkowitz asked if the City had received any proposal for development of the
parcel to the north.
Senior Planner Keho replied that the City has not received any application for the parcel.
Chairman Stulberg introduced Dan Gallagher of 3609 Gettysburg, representing the petitioner.
Mr. Gallagher presented the proposed Landscape Plan depicting the hedge on the west side of the
property along Vicksburg Lane and along the south side of 37th Avenue. He stated they will
plant Green Mountain Sugar Maples that would be consistent with the Sugar Hills development
and use existing Ash trees that will be relocated.
Mr. Gallagher explained the exiting and circulation pattern of the site. Ultimately, if all three
service rooms are in use, each family would have their own exit area and hearse bay located on
the west, south and east sides of the building.
Mr. Gallagher stated that the owner is agreeable to staff's recommendation in the resolution
requiring that the access onto Vicksburg Lane be closed.
Mr. Gallagher noted that the building would contain a brick base of neutral color, precast on the
top of the building and arches over windows and sills. There would be a translucent skylight that
would run the length of the building. The building would also have three canopies for protection
from the weather.
Mr. Gallagher explained that the drainage will collect internally on the west side of the funeral
home and run to north side and piped into the NURP pond on the Kindercare site. There is an
easement provided along the cul-de-sac that ties to 38th Avenue which will allow the owner of
the property to the east to also connect to the NURP pond.
Chairman Stulberg opened and closed the public hearing as there was no one present on the issue.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner to recommend approval
of the Site Plan and Variances for Gearty-Delmore Funeral Chapels, Inc. located at the northwest
corner of Vicksburg Lane North and 37th Avenue North.
Planning Commission Minutes la
April 9, 1996
Page #76
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
B. ELIM CARE, INC. (96019)
Chairman Stulberg introduced the request by Elim Care, Inc. for a Land Use Guide Plan
Amendment from IP (Planned Industrial) to LA -2 (Low -Medium Density Residential) and
Rezoning from FRD (Future Restricted Development) to R-2 (Low Density Multiple Residence
District) and a Planned Unit Development Concept Plan for 300 to 350 senior independent living
units located on the northeast corner of County Road 101 and Medina Road.
Senior Planner Keho gave an overview of the April 5, 1996 staff report.
Commissioner Stoebner asked how many acres would be reguided as LA -2 under the compromise
plan suggested in the staff report.
Senior Planner Keho replied that approximately 35 to 40 acres would be reguided to LA -2.
Commissioner Thompson asked if it would be feasible to draw the line on the other side of the
wetlands to protect the wetlands.
Senior Planner Keho explained that the proposal if for a concept plan, and staff just drew a line
down the middle of the wetland area to separate LA -2 and IP guiding.
Director Hurlburt commented that the Planning Commission can only take action on the proposal
submitted, and suggest what to look at for alternatives should that plan not be approved.
Senior Planner Keho explained the Rezoning and Planned Unit Development Concept Plan noting
that they are proposing to build some single family homes.
Commissioner Ribbe asked if, based on staffs' study, the. proposal could be developed, or if it
should be left as industrial.
Senior Planner Keho replied that industrial land should be protected, as an industrial development
is already under construction to the east. He added that there may be some alternatives for a
compromise, but staff would not recommend to reguide the entire site.
Chairman Stulberg introduced Dan Fair, representing the petitioner.
Mr. Fair stated that this housing opportunity is like none other in the state. Mr. Fair
acknowledged that when the Comprehensive Plan is developed, you have to consider all areas.
Mr. Fair stated that it appears that the residential areas will be growing faster than industrial areas.
Mr. Fair stated that this proposal could meet life -cycle housing element of the Comprehensive
Plan.
Planning Commission Minutes
April 9, 1996
Page #77
Ta
- �
Mr. Fair presented an outline stating that Elim Care is a non-profit corporation sponsored by the
EFCA serving seniors since 1927 in seven communities. Elim Care is dedicated to providing
health and housing services. They currently care for 750 residents with 800 employees. Elim
Care has a reputation of excellence in each of the seven communities in which they provide
services.
Mr. Fair gave an overview of the history of the site stating that Elim has owned a portion of the
property for 25 years with hopes of acquiring the remainder to provide this concept plan. Elim
purchased the additional property needed in 1995. Mr. Fair stated that Elim Care is interested in
teaming up with the community for changes in health care with an aging population and with
reduced funding from medicare and medicaid, placing an emphasis on home and community based
care. Elim Care places a de -emphasis on institutionalization.
Mr. Fair explained that the Cornerstone Community is a master -planned adult community with a
variety of housing options and provides home -ownership without the maintenance and up -keep
and provides a continuum of care. Mr. Fair stated that the possible benefits to Plymouth would
be that the proposal meets the stated goals of City's Comprehensive Plan with regards to life-
cycle housing for transitional needs of residents. The proposal earns ten bonus points under the
City's PUD regulations; is considered affordable housing according to the Metropolitan Council;
would provide a valuable tax base for the City; would have a homeowner population that won't
stress City services and schools; create approximately 40 full time positions; restores
environmental and natural resources; and, the site is better suited for residential rather than
industrial development.
Mr. Fair responded to concerns raised by staff. In response to the development negatively
impacting the adjacent existing industrial development, Mr. Fair stated that Elim's reputation as a
good neighbor would be carried forth in the community of Plymouth as well. In response to the
proposed LA -2 guiding not meeting the locational criteria, Mr. Fair stated that on page four of
the staff report, it says that Cornerstone Community does meet locational criteria. In response to
the LA -2 guiding having a negative impact on School District #284, Mr. Fair stated that the
Cornerstone Community would consist of residents 55 years and older that would pay school
taxes but would not be sending any children to school. Elim Care fully intends to develop the
concept as planned and not sell to a singe home developer. In response to LA -2 guiding having a
negative impact on the potential for industrial campus development, Mr. Fair stated that the
Cornerstone concept meeting another equally or perhaps more significant goal as stated in the
City's Comprehensive Plan by providing a Planned Unit Development that would meet a wide
range of needs. This trend reflects the desire for choice, provides housing for all economic levels
and preserves natural resources. The Planned Unit Development concept provides life -cycle
living. Mr. Fair added that along with the development of the Cornerstone Retirement community
comes restored wetlands. One of the major amenities of our community is the beauty of restored
wetlands and enhanced wildlife habitat, the likes which you will probably not see with an
industrial development.
Planning Commission Minutes
April 9, 1996
Page #78
Commissioner Ribbe asked if this proposal were to become a reality, is the purchase or renting
opportunity available to anyone, or do they have to be affiliated with a certain church.
Mr. Fair replied that the only requirement is that they are age 55 and up. They do not need to be
affiliated with a church.
Commissioner Ribbe questioned if long term care would be provided.
Mr. Fair responded that this community would serve seniors up to the residents needing to move
into nursing home facilities.
Chairman Stulberg stated that Elim Care commented that they currently employ 800 people to
care for 750 residents, which is over a one-to-one ratio. He questioned why this facility would
have approximately 40 employees for 300 residents.
Mr. Faire replied that there would be 240 residents in townhomes that would not need care, only
the assisted living portion of the facility would require care.
Chairman Stulberg introduced Ron Peterson of Peterson Environmental Consulting, representing
the petitioner.
Mr. Peterson stated that a large percentage of the site is wetlands, including City Wetlands 15-
17S and 7-18S. The distribution of wetlands produces an impediment to site. The status of
delineation is yet to be finalized. There were four to five problem areas and all have been
resolved, but two. Should there be any changes in delineation, the wetlands would get smaller
and the impact would go down, rather than up. The site still has a high level of degradation. The
majority of the wetlands on east side of the site is being heavily grazed. The center part of the site
is in relatively good shape, while the wetlands on the western portion of the site is largely
cultivated. The erosion and sedimentation on the site is severe. Historically, what have been
wetland areas have been filled by sediment. The spring on the northwest corner of the site is
caused from broken drain tile. There have been City alterations to the site because of
ditch/stormwater discharges and sanitary sewer main.
Mr. Peterson presented photos depicting a seep area on the northeast corner of the site, an
isolated farmed depression on the south end of the site, an excavated ditch for stormwater, a seep
located on the southeast corner of the site, a protected wetland 601W, west edge of protected
wetland 601W, and the main body of wetland, Mr. Peterson stated that the applicant feels
alternative buffers are adequate because of the configuration of the site and the quality of affected
wetlands. The wetland located on the east side of the site is a high quality wetland. Mr. Peterson
stated that there is a potential reclassification of Wetland. There are also considerable wetland
restoration benefits that would enhance the aesthetic value, reestablish the native plant
communities, and remove old fill and sediment, Elim Care wants to do some excavation to add
open water components and add a trail system around the wetlands.
Planning Commission Minutes
la
April 9, 1996
Page #79
Chairman Stulberg introduced Tom VanHousen, architect, representing the petitioner.
Mr. VanHousen stated that the proposal contains some single family dwellings that would be one
and one and one-half stories, while the apartment complex would be up to three stories. There is
a proposed soft trail system around the wetlands that will provide recreation stopping points. The
roads would follow the contours as much as possible. Mr. VanHousen stated that they have not
discussed any compromise plan with City staff, but would have some disagreement. They need to
retain at least 250 units to make this plan work.
Chairman Stulberg opened the public hearing.
Chairman Stulberg read a letter dated April 3, 1996, from R.A. Litman stating his support for the
proposal to change the zoning from Industrial to Residential use as requested. He stated that the
change would allow better use of the land and would have less impact on the surrounding
neighborhoods.
Chairman Stulberg introduced Scot Alexander of 17815 32nd Place North.
Mr. Alexander stated his support for the proposal as Plymouth already has an adequate amount of
industrial business in the City. He stated there is a need for the community to provide for the
elderly. Mr. Alexander stated the proposal would fit in better with the Heather Run development
and other single family residential rather than industrial.
Chairman Stulberg introduced Jim Alviani of 3160 Olive Lane North.
Mr. Alviani congratulated Elim Care on an aggressive approach to senior living. He stated that
there would be numerous benefits to the City, as it would provides jobs and a good tax base. He
stated that senior citizens tend to spend their money where they live and do not stress City
services. Mr. Alviani stated that residential land is in short supply compared to industrial land.
Mr. Alviani stated that this would be a good recreational use of the wetlands. Mr. Alviani did not
think a senior campus would adversely affect the industrial land to the east, rather industrial
would adversely affect the single family residential area to the south. Mr. Alviani stated that the
depreciation of home values will decrease the tax base if industrial goes in. Mr. Alviani was
opposed to any idea of splitting the land for a compromise, as it would ruin the integrity of the
entire project.
Chairman Stulberg introduced Rick Frame of 17565 32nd Avenue North.
Mr. Frame stated that he concurs with the statements made by Mr. Alviani. He added that Elim
Care held an information session last February to receive reaction from the surrounding area to
the proposal. Mr. Frame stated that the City needs to look ahead at the aging process and
support the life style issues.
Chairman Stulberg introduced Greg Katchmark of 3475 Holly Lane.
Planning Commission Minutes
April 9, 1996
Page #80
Mr. Katchmark commented that he likes the Concept Plan which is an improvement over the
existing industrial buildings. He stated that the proposal can improve the wetlands and will bring
up overall property values. Mr. Katchmark stated that the City has enough land zoned for
industrial use.
Chairman Stulberg introduced Kevin Leuer of 4335 Weston Lane.
Mr. Leuer stated that he was representing Leuer Farms and Leon and Mary Leuer. Mr. Leuer
stated that the land was guided as industrial land and potential new homeowners were aware of
that before they purchased their property. Mr. Leuer stated that there are significant impacts of
putting residential next to industrial. The building setbacks for the buffers would have to be
absorbed on the industrial side. There are additional screening requirements for both parking and
rooftop equipment when the industrial property is adjacent to residential property. If reguided,
there would no longer be existing natural buffers, and that imposes hardships to their property and
new adjacent industrial coming in. Mr. Leuer stated that there is no guarantee that this project
will be built if the reguiding is approved.
Mr. Leuer stated that the extension of Holly Lane through the Leuer property west to Lawndale
Lane would not be practical if the Elim Care property is requided to residential. The only
practical extension of Holly Lane is north through the east end of the Leuer property then west
through Elim Care property. Reguiding the east end of the Elim Care property to residential
would mean that Holly Lane will become a dead end or Holly Lane will be extended through the
reguided residential property allowing heavy truck and busy industrial traffic to be routed through
the areas where children are more likely to be.
Mr. Leuer stated that the City does not have a lot of industrial land left. He stated that the
concept proposal is popular, but it should be built on a different site. Mr. Leuer stated that a
compromise is acceptable, as Leuer Farms have tried to be good neighbors and they understand
that things change with time.
Chairman Stulberg introduced Brad Moen of 3500 Holly Lane North.
Mr. Moen stated that the proposal does not mix with industrial uses. He stated that the City does
not have a lot of industrial land left. Mr. Moen stated that an alternative traffic route was
promised with their approved project, and if this proposal was approved, the alternative route
could not happen. Mr. Moen stated that assessments have already been paid on Medina Road.
Mr. Moen thought there would be more traffic with this development than with an industrial use.
Chairman Stulberg introduced John Robinson of 3420 Lawndale Lane North.
Mr. Robinson stated that he lives in Heather Run and that the proposal is a unique opportunity for
Plymouth. He stated that any industrial use proposed would always be a battle to get approved.
Mr, Robinson stated that a compromise would not work for the area.
Planning Commission Minutes I C�
April 9, 1996
Page #81
Chairman Stulberg introduced Keith Rose of 3120 Olive Lane.
Mr. Rose stated that there is an enormous need for this use Plymouth. He commented that
industrial land is available in Plymouth. Plymouth needs to think about senior living and caring
for seniors. Seniors tend to spend their money where they reside. Mr. Rose asked how old
Senior Planner Keho is and if he has thought about retirement. Mr. Rose commented that the idea
of a compromise would not work as it would be too small to make it viable.
Chairman Stulberg introduced LaReau Thorwall of 15605-D 26th Avenue.
Mr. Thorwall stated that he is a resident of the Timberton development and an employee of Elim
Care. Mr. Thorwall stated that the City should take a leadership role in providing a much needed
opportunity for quality homes for seniors. Mr. Thorwall commented that Elim Care could not
propose this 15 years ago because the amenities were not in place
Chairman Stulberg introduced Sheridan Narveson of 17780 32nd Place North.
Mr. Narveson stated that everyone that has spoke has a vested interest except for Elim Care, as it
is a non-profit entity. Mr. Narveson stated that Greenwood Elementary school is too close to the
industrial to absorb the traffic. The industrial/residential is a perfect mix the way it is now. The
proposal by Elim Care would not tax the City on Police and Fire services and road structure
improvements. Mr. Narveson added that seniors will contribute on tax retail base.
Chairman Stulberg introduced Bill Jarvey of 3390 Olive Lane North.
Mr. Jarvey stated that he supports the project and that a lot of vision went into the idea and
concept of the plan. Mr. Jarvey indicated that the proposal would be the most appropriate use of
the land.
Chairman Stulberg closed the public hearing.
Chairman Stulberg explained that the Planning Commission is governed by the Zoning Ordinance
which is designed by citizens and staff of the City of Plymouth. He stated that the Commission
does have vision when dealing with ordinance revisions.
Senior Planner Keho stated that under the City Zoning Ordinance, Elim's proposal would be
classified as a residential use rather than an industrial use.
Chairman Stulberg noted that regarding staffs comment on an alternative plan was not a
recommendation. The Planning Commission only considers the proposed plan from the applicant
and not staffs comments regarding possible alternatives.
Planning Commission Minutes
April 9, 1996
Page #82
Z-la
Senior Planner Keho stated that Elim Care's property was classified residential prior to 1989, then
reguided to industrial due to a City-wide land reclassification. Senior Planner Keho stated that
Northwest Plymouth does not have the characteristics for industrial uses; therefore, industrial land
is needed.
Director Hurlburt asked if there was any data on the traffic impact of residential use versus
industrial use.
Senior Planner Keho responded that a traffic study was not required because the Land Use Guide
Plan change requested would not indicate a significant increase in traffic which would warrant a
study.
Mr. VanHousen stated that there would not be a significant change if it was requided to
residential because seniors don't normally travel during peak traffic hours.
Director Hurlburt stated there is a concern for industrial traffic going through the residential area
and having a second exit on Holly Lane, or a 900 foot cul-de-sac.
Mr. Van Housen stated that traffic should go out on Medina Road and not through the residential
area.
Commissioner Ribbe commented that he was very impressed with the presentation on the
proposal and that this would be great for the City of Plymouth. He stated that it seems the main
issue would be whether light industrial or residential would be the best use of the site.
MOTION by Commissioner Ribbe, seconded by Commissioner Thompson to recommend
approval of the Land Use Guide Plan Amendment for Elim Care, Inc.
Commissioner Thompson stated that it is a rare case where you can allow a land owner to use
their property as they wish, and the bulk of the community supporting it. They are a non-profit
entity that would be improving the wetlands and providing a needed service. He could see no
reason to oppose the project.
Chairman Stulberg stated he would vote against the project, not because of Elim Care, but
because it is proposed on the wrong site. He stated that the site is zoned industrial and should be
used as such.
Commissioner Berkowitz stated that he was moved by both sides of the discussion and agreed
that it is important to provide life cycle housing. He stated that a denial motion would initiate a
compromise for surrounding industrial owners and the Leuer Farms.
Roll Call Vote. 2 Ayes. MOTION failed on a 2-4 Vote. (Commissioners Stoebner, Berkowitz,
Bildsoe and Chairman Stulberg voted nay.)
Planning Commission Minutes
April 9, 1996
Page #83
�� la
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner to recommend denial of
the Land Use Guide Plan Amendment for Elim Care, Inc. and renumbering the conditions of the
resolution (change #1 to #3, #2 stays #2, #3 to #4, #4 to #5 and #5 to #1)
Roll Call Vote. 4 Ayes. MOTION carried on a 4-2 Vote. (Commissioners Ribbe and
Thompson voted nay.)
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner to recommend denial of
the Residential Planned Unit Development Concept Plan and Rezoning for Elim Care, Inc.
Roll Call Vote. 5 Ayes. MOTION carried. (Commissioner Thompson abstained.)
Chairman Stulberg called a recess at 9:45 p.m. and reconvened the meeting at 10:00 p.m.
MOTION by Chairman Stulberg, seconded by Commissioner Bildsoe to move Item #6C to be
heard after Item #617 as the petitioner was not present.
Vote. 6 Ayes. MOTION carried unanimously.
D. ROGER'S BODY SHOP (96027)
Chairman Stulberg introduced the request by Roger's Body Shop for a Site Plan, Conditional Use
Permit, and Variance to allow construction of an auto body repair shop southeast of the
intersection of Empire Lane and Harbor Lane.
Planning Supervisor Senness gave an overview of the April 2, 1996 staff report.
Chairman Stulberg introduced Mark Senn, the petitioner.
Mr. Senn stated that he concurs with the staff report.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson recommending
approval of the Site Plan, Conditional Use Permit, and Variance for Roger's Body Shop for
property located southeast of the intersection of Empire Lane and Harbor Lane.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
E. RYAN CONSTRUCTION CO. (96028)
Planning Commission Minutes
April 9, 1996
Page #84
Chairman Stulberg introduced the request by Ryan Construction Co. for a Site Plan and
Conditional Use Permit to allow construction of a 24,304 square foot office building south of
First Avenue and west of Xenium Lane.
Planning Supervisor Senness gave an overview of the April 3, 1996 staff report.
Chairman Stulberg introduced John Griffith, the petitioner.
Mr. Griffith stated that he concurs with staff report.
Commissioner Ribbe wanted to know more about Novus Marketing.
Mr. Griffith replied that Novus Marketing acts as a "middle man" in buying slots of advertising
space and resells to other smaller entities. He added that Novus Marketing would own the
building.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue..
MOTION by Commissioner Ribbe, seconded by Commissioner Bildsoe to recommend approval
of the Site Plan and Conditional Use Permit for Ryan Constriction Company, Inc. for property
located south of First Avenue and West of Xenium Lane.
Roll Call Vote. 5 Ayes. MOTION carried on a unanimous vote. (Commissioner Thompson
abstained.)
F. HAROLD COTTLE (96032)
Chairman Stulberg introduced the request by Harold Cottle for a Site Plan Amendment and
Conditional Use Permit for Havoline X -press Lube to be located in the same building with the
Wave Car Wash located at 9900 County Road 9.
Senior Planner Keho gave an overview of the April 4, 1996 staff report.
Chairman Stulberg introduced Jack Ovick, representing the petitioner.
Mr. Ovick explained that the building was originally designed as a car wash with a bay. The
applicant recently converted it to a WAVE car wash and now wants to add a lube bay. He stated
that the uses would compliment each other. The building would have a new facade and canopies.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
Planning Commission Minutes
April 9, 1996
Page #85
MOTION by Chairman Stulberg, seconded by Commissioner Ribbe to recommend approval of
the Conditional Use Permit and Site Plan Amendment for Harold Cottle for property located at
9900 County Road 9.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
C. VANBLOEM GARDENS MIDWEST (96025)
Chairman Stulberg introduced the request by VanBloem Gardens Midwest for a Conditional Use
Permit to allow outside storage. The outside storage requested consists of a temporary
greenhouse structure on the east side of the existing building located at 2340 Niagara Lane.
Planning Supervisor Senness gave an overview of the April 1, 1996 staff report.
Commissioner Berkowitz asked if the resolution would need to specify the dimensions of the
existing building.
Planning Supervisor Senness responded that plans are on file for permanent record.
Chairman Stulberg asked if the petitioner had seen the staff report.
Planning Supervisor Senness replied that the petitioner is aware of the recommendation and had
been notified of the meeting date and a staff report was made available.
Chairman Stulberg opened and closed public hearing as there was no one present to speak on the
issue..
MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to recommend
approval of the Conditional Use Permit for outside storage at VanBloem Gardens Midwest for
property located at 2340 Niagara Lane North.
Commissioner Ribbe asked if the Commission was comfortable voting on an issue without the
petitioner present.
Planning Supervisor Senness replied that the petitioner is well aware of the issue.
Director Hurlburt assured that staff will make sure the petitioner is aware of the Planning
Commission's recommendation before the item goes to City Council.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
7. NEW BUSINESS
A. ZONING ORDINANCE UPDATE
Planning Commission Minutes
April 9, 1996
Page #86
:�460* la
Planning Supervisor Senness gave the Commissioners a brief background on the City's
environmental regulations for floodplains, shorelands and wetlands. She stated that much of what
is contained in these regulations is mandated by the State. Director Hurlburt noted that the
floodplain and shoreland districts are overlay districts --they contain requirements in addition to or
in some cases superseding the requirements in the base zoning district. Planning Supervisor
Senness stated that with very minor exception, these regulations will not change in the new
ordinance.
B. DEVELOPMENT PREVIEW
Commissioner Ribbe asked staff if it would be possible to send out staff reports for major
development proposals such as Elim Care in advance of the weekend before the meeting. Staff
indicated that would be difficult, based on review schedules and workloads. Commissioner Ribbe
then asked if it would be possible to get an early warning on upcoming major projects. Staff
responded that it would be possible to provide the Commission with such information in that they
already keep a listing of active applications.
The meeting adjourned at 11:09 p.m.
T- 6
1
Plymouth Human Rights Commission
April 11, 1996
Minutes
Present: Gary Anderson, Mitzi Heath, Jeff Richards, Becky Ribich, Ginny Clark,
Jackie Fraedrich, Assistant City Manager Kathy Lueckert
Mort Ryweck, League of Minnesota Human Rights Commissions
Excused: Claudelle Carruthers, Laurie Levi
Absent: Harvey Guttmann, Bill Dix, Lisa Memberr
Call to Order
Chairman Gary Anderson called the meeting to order at 7:30 PM.
Approval of Agenda
Becky Ribich added an item under New Business. Gary Anderson added an item
under For Information. It was moved and seconded to approve the agenda with these two
additions. The motion passed.
Approval of Minutes
The minutes from the March meeting were approved as presented.
Order of the Day
Gary Anderson introduced Mort Ryweck, from the League of Minnesota Human
Rights Commissions. Mort Ryweck discussed the League's efforts to establish a Hate and
Bias Crimes Network. The idea is catching on throughout the state. He stressed the
importance of involving the police chief in the development of the plan, and that drafts of
the plan should have a wide circulation. Mr. Ryweck stated that follow-up with the victim
by the Response Network is crucial, as follow-up is not necessarily the role of the a police
department. Hate and Bias crimes are different from a claim of discrimination because
they involve an actual crime. The crime is motivated by hate because of the victim's sex,
ethnicity, religion, age, disability, sexual preference, etc.
Gary Anderson distributed a draft of a response plan for Plymouth that he and
Claudelle Carruthers had developed. Gary Anderson stated that he wants to emphasize
that the role of the Human Rights Commission in a hate or bias crime is supportive rather
than investigative. Mort Ryweck stated that it is important to make certain that the police
department is trained in recognizing and reporting hate and bias crimes.
Mort Ryweck stated that the League plans to host a regional meeting in the fall on
extending the Hate and Bias Crime Networks into schools. The League has already
hosted five such meetings, which were well attended. The League is looking for a co-
sponsor for the fall meeting.
Ginny Clark moved, seconded by Mitzi Heath, that the Plymouth Human
Rights Commission co-sponsor the fall meeting. The motion passed. Jackie Fraedrich
and Ginny Clark will work with the League on the meeting format and the involvement of
Districts 281 and 284. Jackie Fraedrich will report back at the June meeting on planning
efforts. The first mailing about the meeting will go out in June.
Mort Ryweck suggested that the Commission consider giving an annual Human
Rights Award, and involve the business community, specifically TwinWest Chamber.
Gary Anderson thanked Mort Ryweck for coming to the meeting and giving the
Commission so much information and so many ideas.
Old Business
Update on Assignments. Gary Anderson said that he and Claudelle Carruthers had
worked on the first draft of the response plan. He asked that Commission members send
Gary their comments prior to the May 2 meeting. Gary Anderson will contact
Councilmember Wold and Chief Gerdes and ask for their input on the plan.
Jeff Richards and Mitzi Heath presented a'report on the articles they are writing
for the Sun Sailor. The next article will be on prejudice. A later article will focus on
disabilities. Jeff Richards stated that Sally Thompson, Sun Sailor editor, is interested in
coming to HRC meetings and perhaps doing a feature article on the HRC.
Gary Anderson distributed the mailing list developed by Laurie Levi, and asked
that HRC members think of other additions to the list and forward them to Laurie Levi.
Work Plan. Gary Anderson distributed a workplan calendar for the remainder of
the year. He asked that HRC members consider what tasks they would take ownership of,
and be prepared to discuss the work plan by the May meeting.
Gary Anderson asked Kathy Lueckert to place a discussion of the Human Rights
Award on the May agenda.
New Business
Becky Ribich stated that she is considering resigning from the Commission because
of other time commitments. If she does resign, she would like to continue to volunteer
with the Commission from time to time. She will continue to think about her decision.
Gary Anderson mentioned the National Night Out program. He asked that a
discussion of this item be placed on the May agenda.
For Information
Jeff Richards reported on the St. Joseph's conference on diversity. He said that it
was a good conference with excellent speakers. The keynote speaker, Vivian Nelson
Jenkins, stressed the importance in human rights work of the characteristics of not only
honor and duty, but also endurance and grace.
Gary Anderson stated that perhaps the HRC could consider an endorsement of the
Days of Remembrance program of the Holocaust Museum for next year, since it was too
late for this year.
Gary Anderson called the Commission's attention to the dates for Music in
Plymouth and the Autumn Arts Fair. The Commission agreed to have a presence at each
event.
The meeting adjourned at 9:15 PM.
Rebecca L. Ribich
1525 Troy Lane N.
Plymouth, Minnesota 55447
612.476.7307
612.476.8939 Fax
11 April 1996
Dear Human Rights Commission;
It is with great regret that 1 inform you I will no longer be able to continue with my participation
on the Plymouth Human Rights Commission. It has been a pleasure working with all of you over
the last two years. Thank you for the opportunity.
Rebecca L. Ribich
DATE: April 18, 1996
TO: Mayors, Managers/Administrators, Legislative Contacts
FROM: AMM Staff
RE: 1996 Legislative Summary
Enclosed is a Policy Narrative and Policy Success Report which provide a summary
wrap-up of the 1996 Legislative Session and the issues affecting AMM cities.
About 75 percent of all AMM policy was either fully or partially accomplished during the
session. Of the 65 total AMM legislative action policies:
• 39 were passed or upheld fully (60%);
• 10 were partially accomplished (15%);
• 6 were not discussed (9Yq);
• 10 failed (15916).
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(6n) IIS -40M
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wig
Association of
Metropolitan
�� `
Municipalities
DATE: April 18, 1996
TO: Mayors, Managers/Administrators, Legislative Contacts
FROM: AMM Staff
RE: 1996 Legislative Summary
Enclosed is a Policy Narrative and Policy Success Report which provide a summary
wrap-up of the 1996 Legislative Session and the issues affecting AMM cities.
About 75 percent of all AMM policy was either fully or partially accomplished during the
session. Of the 65 total AMM legislative action policies:
• 39 were passed or upheld fully (60%);
• 10 were partially accomplished (15%);
• 6 were not discussed (9Yq);
• 10 failed (15916).
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1-,36
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Thema,, J. CamphclI
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
Dear Dwight:
Attorneys at Law
(612)452-5000
Fax (612) 452-5550
Ap:
Andrea McDowell Pochler
Matthew K. Brokl
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
We are pleased to announce that attorney Suesan Lea Pace has joined our firm as a
shareholder to continue her practice in the areas of Municipal Law and Administrative Law.
Ms. Pace formerly practiced law in Minneapolis as a shareholder with Popham, Haik,
Schnobrich & Kaufman, Ltd.
Prior to representing municipal clients in private practice, Suesan worked on the
Washington, D.C. staffs of Senator John Glenn and Senator Robert Taft, Jr. from 1976 to
1983. Suesan brings a unique background to her representation of public sector clients.
Ms. Pace is the City Attorney for the City of Prior Lake and for the past eight years
served as City Attorney for St. Louis Park. She has lectured and written articles on
regulatory, licensing, and land use matters. She is a member of the Government and Public
Sector Lawyers Division of the American Bar Association and Administrative Law and
Local, State and Urban Government Sections of the Minnesota State Bar Association.
Our firm looks forward to continuing our working relationship with you.
RNK: slc
Very truly yours,
KNUTSON, SCOTT
Roger N. Knutson
Suite 317 * EaganIile 01ficc Center • 1380 Corporate Center Curve • Eagan, X4N 55121
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RESOLUTION NO. 2552
RESOLUTION OPPOSING T. H. 12 & FERNDALE INTERCHANGE
1 ,
RESOLVED, that the City of Wayzata strongly opposes the constttTction of any
interchange at the intersection of Ferndale Road and T. H. 12 for numerous �&�Orns inclu Z
the following: E
• Wayzata has already made many sacrifices for the improvement of highway access to the
western suburbs. A large swath of Wayzata land was given over to the 1960's expansion of
T. H. 12, including 3 interchanges in 2 miles, which is an unusually large number for a town
of 3800 people. At that time the agreement was made to access via Highway 101 and
specifically not Ferndale. Today, between Carlson Parkway and the west end of Wayzata,
there are 5 connections with T. H. 12 within 3.75 miles.
• The character of the residential neighborhoods adjacent to Ferndale would be negatively
impacted by building an interchange. The quantity and quality of traffic from direct
highway access would be destructive of the neighborhoods. Increased traffic speed, noise,
and numbers of trucks, their impact on safety and possible increased crime because of an
easy highway "getaway" concern us.
• Neither Redeemer Lutheran Church nor Wayzata Community Church can afford the loss of
land to ramp construction. Their limited parking capacity was a factor in constraining
expansion of both facilities in recent years and approval of future expansion plans could be
jeopardized by any loss of land.
• For safety and capacity reasons, the schools at the above 2 churches as well as Wayzata West
Jr. High cannot withstand the loss of land.
• The Greater Wayzata Area Chamber of Commerce opposes this new interchange.
• The citizens of the area (Wayzata Orono and Plymouth residents) are nearly unanimously
opposed to it.
• At a recent meeting with a MnDOT representative, data were presented that indicate there
would be no clear value added to the system by constructing an interchange costing many
hundreds of thousands of tax payer dollars.
• Finally, it has been stated by a MnDOT representative that the Ferndale interchange, of the
many elements being considered, faces the "least obstacles." We wish to disabuse planners of
this notion and with this resolution apprise them of the considerable opposition to this part of
the plan.
Adopted by the Wayzata City Council this 3rd day of April, 1996.
City Manager Allan Orsen Mayor Pro Tem Robert Ambrose
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3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
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April 17, 1996 CITY OF
PLYMOUTR
Colin Janke
735 Quantico Lane
Plymouth, MN 55447
Dear Colin:
Mayor Tierney has forwarded your letter to me for review and comment.
I'm pleased to report that the City is very close to awarding a contract for the
construction of a trail along Xenium Lane, which will connect to the sidewalks in
Minnetonka leading to Ridgedale. The trail will be on the east side of Xenium, running
north and south, connecting all the way up to the future Luce Line trail that will take you
either to Parkers Lake Park, or easterly to Theodore Wirth Park in Minneapolis.
If you have any other questions, Colin, please feel free to give me a call at 509-5201.
Sincerely,
Eric J. Blank, Director
Parks and Recreation
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cc: City Manager
PLYMOUTH :1 Beau tifulPlate'To Live
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April 17, 1996 CITY C)F
PLYMOUTH+
Thomas Malone
13125 Basswood Lane
Rogers, MN 55374
Dear Mr. Malone:
Mayor Tierney has forwarded your letter of April 9 to me for review and comment.
The City of Plymouth purchased the property for the ice arena approximately ten years
ago from a developer in the downtown area. The original plan for this piece of property
was to be a retail shopping center, much like you see in the Ridgedale area. The City
purchased the property, so that we could build some recreational facilities and help
draw more residents to the downtown area. Real estate studies show that the
development of a recreational facility in this area was very important to spurring the
development of the rest of downtown. Finally, this location happens to be the
geographic center of the city's 36 square miles. Locating it strategically here was
important, so that all residents would have equal access to the facility.
For your information, Plymouth residents did approve a bond referendum a year ago
which has allowed us to purchase four, very beautiful open space sites, both wooded
and wetland, which will be preserved in their natural state, for future habitat for deer
and wildlife. The City of Plymouth currently has the most restrictive wetland ordinance
in the state. And we have a very restrictive tree preservation policy which the City is
imposing on itself on this site. I can assure you that neither the members of the City
Council, the Park Commission, or staff enjoy seeing trees removed, but in this
particular case, unfortunately, we need to build on the property that the City owns.
Also, we have budgeted over $100,000 to plant trees and shrubbery on the sports
complex site.
Thank you for your thoughtful letter.
Sincerely,
Eric J. Blank, Director
Parks and Recreation
EBJnp
Beau PLYMOUTH A Beatiful'Place'ro Live
cc:. _City Manner,_.. _ _ _ _ _ __
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VIRGINIA LEE AND THOMAS PATRICK MALONE
13125 Basswood Lane
Rogers, Minnesota 55374
Writer's Dimes line: (612) 783-5134
April 9, 1996
The Honorable Joy Tierney
1 o
Mayor of the City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Ms. Mayor:
I saw on the news the other night a story about the partnership arrangement between the City of
Plymouth and a health club which will result in the construction of a giant facility within the City
of Plymouth.
The news story also contained an aerial shot of the site; it appeared to be a large wooded area.
Why a wooded area? Isn't there a suitable cornfield left in the City of Plymouth for this
construction?
Also, while I do not know your construction schedule, I will tell you that if you proceed with this
construction in the months of May, June or July, you will cause the deaths of hundreds or
thousands of baby birds. That wooded area will be densely populated with nesting species and
tearing down the trees will be hugely destructive to those species.
Just thought you would like to know.....
Very respectfully,
/
Thomas P. alone
TPM:nh
cc: Audubon Chapter of Minneapolis
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