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Council Information Memorandum 04-05-1996
4 APRIL 5, 1996 7 UPCOMING MEETINGS AND EVENTS 1. COUNCIL MEETING SCHEDULE: APRIL 17 7:00 P.M. REGULAR COUNCIL MEETING City Center Lunchroom, Lower Level 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. PLANNING COMMISSION, TUESDAY, APRIL 9, 7:30 P.M., City Center Lunchroom, lower level. Attached is the agenda. (M-2) 3. PRAC, THURSDAY, APRIL 11, 7:00, Mooney Lake Meeting Room, upper level. Agenda attached. (M-3) 4. HUMAN RIGHTS COMMISSION, THURSDAY, APRIL 11, 7:30 P.M., Medicine Lake Meeting Room, upper level. Attached is the meeting agenda. (M-4) 5. HENNEPIN COUNTY COMMISSIONERS TOWN MEETING MONDAY, APRIL 15, 7:30 - 9:00 A.M., Plymouth Community Library, 15700 36th Avenue N. Attached is a copy of Commissioner Mary Tambornino's invitation to Mayor Tierney to be a guest. (M-5) 6. TRANSIT VEHICLE DEDICATION, MONDAY, APRIL 15, 6:45 P.M. 13 new vehicles for the Plymouth Metrolink and Dial -A -Ride system will be dedicated and installed at a ribbon -cutting ceremony. The event will begin in the Plymouth City Center lunchroom. Attached is a copy of the formal announcement. (M-6) CITY COUNCIL INFORMATION MEMO April 5, 1996 Page 2 7. SUB -COMMITTEE ON COMMUNITY POLICING. WEDNESDAY, APRIL 17, 5:00 P.M., Public Safety Training Room. This group will hold a regular meeting the third Wednesday of each month in the Public Safety Training Room. 8. PLYMOUTH AUCTION, SATURDAY APRIL 20, 10:00 A.M. at the Public Works maintenance facility. A copy of the flyer announcing the event is attached. (M-8) 2. MEETING MINUTES a. Environmental Quality Committee meeting of Tuesday, March 12, 1996. (I -2a) b. Planning Commission meeting of Tuesday, March 26, 1996. (I -2b) 3. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC. a. League of Minnesota Cities Friday Fax, summarizing the status of tax legislation at the end of the legislative session. (-3a) 4. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE A status report on correspondence is attached. (I-4) 5. CORRESPONDENCE a. Letter to City officials from Lynn M. Vettel expressing support for the Council's stand on the I-394/Ferndale Road exit proposal. (I -5a) b. Letter to Dave Buzzelle from Assistant City Manager Kathy Lueckert thanking him for speaking at the Plymouth Forum on April 3. Staff is expected to have a report on his comments about speed bumps on South Shore Drive for the May 15 meeting. (I -5b) c. Fax from State Senator Gen Olson summarizing the legislative session. (I -5c) Dwight Johnson City Manager r PLANNING COMMISSION AGENDA TUESDAY, APRIL 9, 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. • t_1 : 11 "i D10170 • ' � : � � u � 1►L Jf Y �K�1`►T. WN DID 041 A. Ryan Construction Co. Site Plan to add a 60,000 square foot addition onto the existing building located at 4700 Nathan Lane. (96036) A. Gearty-Delmore Funeral Chapel. 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. (95136) B. Elim Care, Inc. 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 comer of County Road 101 and Medina Road. (96019) C. Van Bloem Gardens Midwest. 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. (96025) D. Roger's Body Shop. 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. (96027) E. Ryan Construction Co. 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. (96028) F. Harold Cottle. 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. (96032) 7. NEW BUSMIESS 8. ADJOLIi?NMFNT mJ 1. T'he purpose of the meeting is to provide the public an opportunity to hear a presentation on and make comments concerning proposed development. Citizens have had an opportunity to review the proposed development in the City Center, as well as at this meeting, and will have an opportunity to address the Planning Commission concerning questions regarding this development. This will be the only scheduled public hearing, unless continued or rescheduled by the Commission, or unless additional hearings are required by law. All meetings of the Planning Commission and City Council are public meetings, and citizens are welcome. 2. THF MFF.TIN WAS A FF(1T Y AND 1MROUGHUX ANNOUNCED AS FOLLOW& a) Notice was published in the Plymouth Sun -Sailor, the official City newspaper, as required by law. b) Written Notice was mailed to each property owner (within 500 feet of the subject property for Conditional Use Permits, Rezoning, Reguiding, Comprehensive Plan Amendments and Planned Unit Developments and 100 feet for Variances and Site Plans) as shown by the records of the Hennepin County Auditor. c) A sign was posted in the property (in certain types of applications only). 3. REVIEW OF PROPOSED DEVELOPMEn WILL NORMALLY FOLLOW TINS O D R: a) Chairperson b) Community Development Department Staff Representative c) Petitioner, or Petitioner's Representative d) Public Comments and Quesdons a) Write your name, address, telephone number, and the agenda item number on a blue card which is available at the entrance. b) Please give the blue card to the Chairperson. c) When your name is called, come to the podium. d) Please speak clearly so that all may benefit from your remarks. e) No one may speak a second time, until all others who wish to speak have done so. Please come to the podium and and address each tim@ you spe2k. f) The Commissioners and Petitioner will not engage in debate with anyone testifying at a public hearing. g) Normally, all questions raised during the course of a public hearing will be held to the end of the hearing, after which staff and/or the Petitioner will be asked to respond. 5. ORDER OF HEARINGS: As indicated on the meeting agenda, unless the Commission directs otherwise. 6. RECOMMENDATION TO Ct't'ti'_n�E.: a) The Planning Commission makes recommendations to the City Council, who will make the final decision on all planning and zoning applications. b) The tentative date an issue will be considered by the City Council will be announced by the Chairperson for Planning Commission action. Please contact staff to confirm all meeting dates and times. CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT. 3400 Plymouth Boulevard Plymouth, MN 55447 Tel. (612) 509-5450 Fax (612) 509-5407 m- 3 Regular Meeting of the Park and Recreation Advisory Commission April 11, 1996, 7 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. Awarded grading contract on ice arena 5. Unfinished Business a. Review ice arena/pool complex b. West Medicine Lake Park update c. Open spaces update d. Playfield/highschool update e. Senior citizen needs analysis update f. Continue golf course discussion - Craig Scherber, owner of Elm Creek, will attend meeting g. Planning for northeast neighborhood park update 6. New Business a. Letter from Pilgrim Lane Elementary School b. C. 7. Commission Presentation 8. Staff Communication 9. Adjourn Next regular meeting - May 9 Plymouth Human Rights Commission April 11, 1996 7:30 PM Agenda I. Call to Order H. Approval of Agenda III. Approval of Minutes m-� IV. Order of the Day Mort Ryweck, League of Minnesota Human Rights Commissions V. Old Business a. Update on Assignments (response plan, articles, mailing list) b. Develop Work Plan and Responsibilities VI. New Business VII. For Information a. Institute on Race and Poverty Conference b. West Suburban Mediation Center report c. Report on St. Joseph's Diversity Conference d. Days of Remembrance --Holocaust Museum e. Information from League f. Dates for Music in Plymouth, Autumn Arts Fair (July 2 and September 14, respectively) VIII. Adjourn MARY TAMBORNINO �4YN cbL PHONE COMMI3J10NE8 348-7886 FAX 346-8701 k � � ��a+rrss�'r BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487-0240 71 j April 3, 1996 APR Mayor Joy Tierney 3400 Plymouth Blvd Plymouth, MN 55447 Dear , k,• -1--•�, I am writing to invite you to be a guest at one of our Hennepin County Board of Commissioners Town Meetings. These meetings will be held at: Plymouth Library, 15700 36th Ave. N., Plymouth Monday, April 15 from 7:30 to 9:00 a.m. North Hennepin Community College, 7411 85th Ave. N., Brooklyn Park Tuesday, April 16 from 7 to 8:30 p.m. Nokomis Community Center, Multipurpose Room, 2401 E. Minnehaha Parkway, Mpls. Wednesday, April 17 from 7 to 8:30 p.m. St. Louis Park City Council Chamber, 5005 Minnetonka Blvd. Thursday, April 18 from 7 to 8:30 p.m. We are asking citizens, civic leaders and local officials to participate in a discussion of the county's future as the year 2000 approaches. I need your help in identifying the challenging and critical issues facing Hennepin County. You will have the opportunity to offer opinions and suggest ideas on how the county and community can work together. We will also explain what the county does, the origins of its money, and where and on what the money is spent. I look forward to your attendance and to meeting with you. Sincerely, MARY TAMBORNINO Hennepin County Commissioner, District 6 :ryt�it'�:, ••.�.:rr .�:'.'. 1'A';-r'...•�Re•••••i•*"'y', Witt �r.—�: ...a::- k� • '"tt„ !+e�•,•.-4 .v ; { "�!• r :.jam.; .;t•<;e;t.,>•'�r ..r. 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Y�L7�b..',.3'r 1 S • 1?tC,.. v �.. N ?�' i Y•, S• .�..s�..j'••'.ti �''. i• i��..s pi, rT. ,,; T. �, ..•., Come to�'te;Plytfy,�,outl Ci CentertLi nchro m 3- • �outh�Boulevard J: . /`-__.a:• �j c O 1. 40� Plym ? I%yh (off of Hwy.^55). at' 6:45�p.m..on Monday,; .I� ... dlw� •.Y{S,;7avt.1i::?i•�:i(� irlt. 4Y aJw' l' :/:iw': 4 i:q... t", _ F•� t ,.� Be -k, trr + YttY. .�: • .Y ;',r�,!Rt •1. ,�• , rte:: . , our guest as Plymouth Mefrolink`uriveils i ' '`" r , s ts'new line of buses to improve SAY' t:a^y s:�}• *} •r. .l•. � a;.r. .►;.i1 4 r• S x '' ..I' mt it j•I ~+, +l' �>• r' :,•. ;s: ,;�• X. y ;. •,�r ,t:.: y t�.' �� a`Tw �.iL:.�€.t+;'' _ ' to the co "�'� i.•°: 3 `'.}' 611, 1 be;used for Pl' mouth service The 1 minibuses whi' mmunity: twr V - ': i�/;'1�� .. yt �. :'': s.,�, �f•.• •:rk•tAa(,•;y6yt::'c•0.'��i, .•j•�i:;.!a1��'fi;'ia:•.i .7•►_i4../;:•.. .e ..at ?+'s': r- Metrolinks popular Commuter �and,Dial-A-Ride services — are wheelchair-lift equipped_ ' i.". :V.'i•.;•a�., .f;•%i}•,Fi' ;ii''�:••.:1:t/7,�+�=t};l �'��?!ti}"i\I�{:Y3'l�. •' wY•. 'VEL •.� :. Fc /'` iii I1Tw.7— v tt �•.:..:. 3 �, f �• k,.:. "'y•%`. .�� . •. M.Y ;. }:.. and Cormforta •i;rlte"@'A ►...T., ...y,. . ,Y}�'7�LC I,a.-•SM¢,r i( i %•' : w^ ble to id• See onstrd ' �� t �,..` t. F• j1•.y(;L "5 .;t;{C a dem ton of one of the new: buses;-* partake in':some• •.•y .n, �� i„rt.y.' ��4 .�•. /{%�••6'�+:�i}s��:,., • • =� ' '` eshments,andoinin our rsbbon cutin and unvethn ceremon . T g S y �' .7. ',i•.�i.• �±••;.,<:"•1!'�-'R'V•�r•`'' :.Calk` o ,� ` r for .r�,,1�t!.,.•.•},�a'-ykE'LF• ►' ��:i>�:.�,{I:j'.X.h.:. S5 X.: o more information.: r ,,.4..:� • ; v4. =.:. 9•. q,•M�+�.! m-8 0VR00e;('A AUCTION Saturday, April 20, 1996 10:00 a.m. Items on view at 9:00 a.m. Annual auction of unclaimed and abandoned property and excess City equipment PLYMOUTH PUBLIC WORKS MAINTENANCE FACILITY 14900 23RD AVENUE NORTH Official List of Property to be auctioned will be available March 15, 1996 For information call Plymouth Police Department at 509-5160 m-9 x3 az= p C v 5¢� w U �O N u w^s�r N N b Al O n .ti N N W Y d � F w y lC a w lz a c x en k' A.pp �yy ou r�N ;7 a 00 6 O p zao zzg o zp0 �a a0 �a ah a N oUd .anU.� Moo„ OM W O � �zz zwzOO� zUF o o wa z aMs o�M� 5 oo v w o a a u � wC7��3 d�oa�� A oaia00 wc� � d c€ dw a� a < :a a G OCA FQS wQ 00 $0 F o 0 a d� " z o QV u CO 9L. 00 Q 5 w Z r N oUa � � Moir Fcr rT ?L ,n o 0U A O ` FQ ;gip �y�non a v` rl N m w©=3a w-=3; � 00 � N � � t B [fI �9E A. 2 ,l�kze § 22 oo N ) E 3 s 4-, ENVIRONMENTAL QUALITY COMMITTEE Meeting no. 47 Tuesday, March 12th, 1996 7:00 p.m. . Present: Members: Bridget Jodell, Paul Liebman, David Shea, Mary McKee, Bob Swanson, Martin Frank, Rita O'Donnell Staff Ex -officio: Shane Missaghi Ex -officio: John Barten, Hennepin County Council Member: Ginny Black Absent: Staff Ex -officio: Eric Blank, Dan Faulkner Others present: Paul Buck, Plymouth City Forester After visitor recognition, new minutes were distributed and reviewed. Some of the minutes had inadvertently been deleted from the original. OLD BUSINESS Shane reported that a status meeting with SEH will be scheduled in the next week. An update of what has been accomplished and what are the remaining deliverables will be discussed. Shane noted that the Water Management Mission statement will be on the agenda item for March 20th Council meeting. Several of the new members requested a copy of the City's RFP, and SEH's response, Shane will provide them with the next mailing.. With over 150 city residents in attendance, the fair was considered a success. Shane distributed the compilation of comments that were received on the comment cards distributed at the fair. Most comments were very positive about Plymouth's environment. A sincere thank you to all EQC members who participated and attended the fair. Page 1 GAENG\N?RQLTY`,M t NUTES\MTG47. DOC 'I -2a ENVIRONMENTAL QUALITY COMMITTEE Meeting No. 47 The next issue of Plymouth news will include an article that will highlight such things as planting in a buffer zone and phosphorus free fertilizer. The article will also publicize an upcoming meeting on April 9th. The meeting will be held at French Ridge Regional Park. Please note. Since the EQC meeting and this workshop are scheduled for the same day, the next EQC meeting has been changed to April 2nd. NEW BUSINESS Paul Buck reported that NSP has completed removing and brush cutting from the Luce Line. The next steps will be chemical treatments to discourage growth. Since this topic is of much concern to some citizens, it was recommended that NSP be available to answer questions to general public. The meeting will probably be held at Parkers Lake area pavillion. Paul will continue to work on the meeting date and place. Arbor Day: Mary handed out an example of the Wood Lake Nature Center's agenda of activities planned for a week of events culminating in an Arbor Day Celebration. Although too late for this year, it could be a possibility for Plymouth to do something EQC calendar: Mary discussed the potential of purchasing a tent and/or canopy that could be used as a traveling environmental booth. It was suggested that the City's new environmental logo be displayed as an identifier. A motion was made and passed. Global Action Plan: is a non-profit organization, offering a comprehensive framework for individuals to develop environmentally sustainable practices. Several of the EQC members met with the co -directors of this organization. Currently, a teacher from Sunset Hill, through a grant from Target Stores, is working with the Global Action Plan. The schools project will allow to better understand how GAP works. The City might apply for a sustainable community grant from the Office of Environmental Page 2 G:tENG\W RQLTY\MINUTES\MTGi7.00C ENVIRONMENTAL QUALITY COMMITTEE Meeting No. 47 Assistance in parthnership with the GAP. Grant application will be for October 1996. Some discussion followed concerning the "pitfalls" of applying for grants. For one, grant administration can be burdensome. The Great MN Green -Up David Shea submitted to the committee five action plans that will be submitted for recognition. A few recommendations and editions were offered. A motion was offered that the corrected action plans be submitted for the Great MN Green -Up award. This General discussion as follows: • Each member was "assigned" a sustainable community booklet for reading and future reporting back to the committee. • David distributed to the committee a memo containing recommendations for environmental initiatives. Some of the highlights include: continue to publicize environmental activities (recycling days, etc.) via the news media; add environmental component. • David also distributed "The Land Stewardship Letter" to the committee. Some discussion followed about an article titled "keeping farming in the neighborhood", an article about plans to combine clustered housing, open space and food production. • Discussion then followed about an issue concerning Pipe Lake. Several citizens want to water ski on this lake, while others are opposed. It was decided that the committee would need more information prior to making a recommendation. • A citizen's letter was sent to Shane. Due to the lateness of the meeting, discussion about the letter was tabled to next meeting. • Rita informed the committee about DNR's proposed changes to aquatic vegetation control. Public meeting will be forthcoming concerning these changes. To date, 350 letters opposing the changes have been received by the DNR. Rita will be attending the meeting. A request was made to have Ginny report to the committee the "state of the environment " for the City of Plymouth. Shane will supply to the committee an ordinance overview. Much discussion followed about the role of our committee, and what our goal should be/ Page 3 G:\ENG\N?RQLTY\MI NUTES\MTG47. DOC ENVIRONMENTAL QUALITY COMMITTEE Meeting No. 47 The next meeting will Tuesday, April 2, 1996 at 7;00 p.m. The meeting was adjourned at 10:20 p.m. Minutes submitted by Kathleen Reagen. Page 4 -2-a G:XENMWTRQLTYIM I NUTMMTG47. DOC CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 26, 1996 MEMBERS PRESENT: Acting Chairperson Saundra Spigner, Commissioners John Stoebner, Roger Berkowitz, Jeff Thompson, and Tim Bildsoe MEMBERS ABSENT: Chairman Mike Stulberg and Commissioner Allen Ribbe STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. Call to Order: The meeting was called to order at 7:00 p.m. 2. Public Forum: None. 3. Approval of Agenda: Legal Notice for Wayzata Farms (96013) published to be heard at this meeting was postponed at the applicant's request. A legal notice will be republished with a new date. Item #6A for Valvoline Rapid Oil Change was withdrawn at the applicant's request. 4. Approval of Minutes: MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to recommend approval of the March 12, 1996 Planning Commission Minutes. Vote. 5 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA No Items. 6. PUBLIC HEARINGS B. CARLSON REAL ESTATE CO., INC. (96004) Acting Chairperson Spigner introduced the request by Carlson Real Estate Co., Inc. for a Planned Unit Development Preliminary Plan/Plat, Final Plan/Plat and Conditional Use Permit for the creation of two lots for two multi -story office buildings totaling 160,000 square feet located at the southwest corner of I-494 and Carlson Parkway. 'C-26 Planning Commission Minutes March 26, 1996 Page #62 Planning Supervisor Senness gave an overview of the March 22, 1996 staff report. Planning Supervisor Senness presented pictures taken by staff depicting an existing dense buffer on the adjacent residential sites. Commissioner Berkowitz asked how the proposed application for parking compares to the Prudential building parking lot. Planning Supervisor Senness stated that the parking spaces at the Prudential parking lot are quite a bit smaller than the proposed parking for this application. Acting Chairperson Spigner introduced Matt Van Slooten, representing the petitioner. Mr. Van Slooten concurred with the staff report. He presented a rendering of the building and explained that the proposed buildings would be similar to the multi -tenant office building across the street. Mr. Van Slooten stated that the Concept Plan previously approved was for 185,000 square feet with a multi-level ramp, but the ramp didn't work well for multi -tenants. Thus, they decided to redesign to two one -level decks. He explained that the Site Plan approval is for phase two and they will develop with the north phase first. Commissioner Stoebner asked how many stories were approved under the original Concept Plan. Mr. Van Slooten replied that the previously approved Concept Plan consisted of two four story structures with a bridge in between the buildings. Mr. Van Slooten stated that the proposed five story building is below grade, so it is no higher than the four story building that was previously approved. Acting Chairperson Spigner opened the public hearing. Acting Chairperson Spigner introduced Alan Gustner of 14611 Gleason Lake Drive. Mr. Gustner asked if the application included both phases. Mr. Gustner stated that his property is located behind One Carlson Parkway and he is concerned with the height of buildings proposed. He voiced his objection to any building higher than 40 feet. Mr. Gustner commented that the buffer trees in the pictures taken by staff are not spruce or pine trees and have no leaves on them for six months. Mr. Gustner stated that the lights from Carlson Center buildings are on from 6:00 a.m. to 7:30 p.m. which illuminates his property. He %vas concerned that two more buildings would add to that. Planning Commission Minutes March 26, 1996 Page #63 Mr. Gustner presented petitions from surrounding neighbors objecting to the proposal. Mr. Gustner asked why Carlson is proposing a five -story building since a four story building had been previously approved. Mr. Gustner voiced his dissatisfaction for the residents being mislead with items proposed by Carlson for this area throughout the years. Acting Chairperson Spigner asked where Mr. Gustner's residence was located compared to the proposal. Mr. Gustner replied that his residence is the third lot on Gleason Lake Drive looking at the southeast corner of the proposed site. Acting Chairperson Spigner introduced Ruth Gregory of 14811 Gleason Lake Drive. Ms. Gregory stated that she concurred with everything Mr. Gustner stated. She indicated that the residents were told there would be low-density, low structured buildings in that area. She added that the residents were promised by previous City Council members that when Carlson Parkway was put in, traffic would decrease on Gleason Lake Drive. Ms. Gregory stated that she would like to be notified of proposals for that area, even though her property is not within 500 feet. She stated that staff should look at who may be potentially impacted by a proposal and go beyond the 500 feet if warranted. Acting Chairperson Spigner closed the public hearing. Planning Supervisor Senness stated that the review period deadline for the proposal is July 12, 1996. The Preliminary Plan/Plat that is requested is for both buildings. She explained that the Final Plan/Plat does not come before the Planning Commission, but rather goes directly to the City Council. Director Hurlburt explained that there is only one public hearing for the proposal. The five story building will go directly to the City Council at a later date. Planning Supervisor Senness stated that the previous approval did not specifically state how many stories would be allowed. It stated that they were allowed to go up to four stories and beyond if certain criteria was met. Acting Chairperson Spigner asked what the criteria would be to extend beyond four stories. Planning Supervisor Senness replied that the criteria would be the setback requirements. The proposal meets the 300 -foot setback from the nearest residential property; however, it does not meet the additional 35 -foot building setback from the property lines. The Zoning Ordinance permits the City Council to waive the additional setback requirements Planning Commission Minutes March 26, 1996 Page #64 if the waiver would not have a deleterious effect upon surrounding properties. Staff finds that waiving the additional setback from the property lines would not have a deleterious effect upon surrounding properties. Specifically, the site includes a large wetland and the increased building height permits the full development of this property while meeting the wetland setback. Mr. Van Slooten stated that there have been a number of different plans that have gone by the wayside. In 1983, there was an approval for office buildings that were to be eight stories, and then later reduced to four stories. He stated that the benefit of the five story building is less density with smaller floor space and more green space. There would be excavation of dirt and one story would be below grade level so there would be minimal change in height from the four story building. Commissioner Thompson asked how reduction in density is accomplished going from a four story to a five story building. Mr. Van Slooten replied that there would be more green space with a five story building and the parking space is now for two two-story parking ramps instead of the three level parking ramp. Mr. Van Slooten stated that Carlson Real Estate did. invite surrounding neighbors to a meeting to discuss the proposal and no one attended. Mr. Gustner stated that neighbors did not attend the meeting because of past experiences with other proposals for the area. City Engineer Faulkner commented on traffic study issues raised, stating that a traffic study was not required because the proposed development is consistent with the land use guiding. He agreed that Gleason Lake Drive has numerous access points and experiences a lot of through traffic. He stated that Zachary Lane and Fernbrook Lane are classified as major collectors and are similar to Gleason Lake Drive. He estimated that there are currently 3,000 to 4,000 vehicles per day on Gleason Lake Drive. Acting Chairperson Spigner asked if traffic would increase because of the proposal. City Engineer Faulkner responded affirmatively. He stated that an intersection was planned to intersect the major access of Gleason Lake Drive and Carlson Parkway with a traffic signal. The City is currently conducting a preliminary signal justification study to see if warrants are met for a four way signal. The developer would have to commit to one-fourth of the cost with the City responsible for the remainder. The City asked the consultant to look at Gleason Lake Drive to forecast the impacts on Gleason Lake Drive with a signal. Planning Commission Minutes March 26, 1996 Page #65 J.,Z6 Director Hurlburt stated that the if study shows it is warranted, it would be with or without the proposed development. She asked if there are any places west on Gleason Lake Drive that would warrant it. City Engineer Faulkner replied that the City has not received any request for additional stop signs on Gleason Lake Drive. Commissioner Thompson asked if the height of the five story building elevation above the grade would virtually be the same as the four story building. Mr. Van Slooten replied affirmatively. Director Hurlburt asked if Carlson had considered doing any computer imaging, or the like, of what the height of the building would look like from the residential area. Mr. Van Slooten replied that was the intention of the rendering that was presented. Director Hurlburt stated that the view from the residential back yard would be different, but the building would not be visible because of the existing building and the current trees. Mr. Van Slooten concurred. Commissioner Thompson asked if there will be landscaping below. grade. Mr. Van Slooten indicated on the landscape plan that some of the landscaping would be at a lower grade. MOTION by Commissioner' Thompson, seconded by Acting Chairperson Spigner to recommend approval of a MPUD Preliminary Plan/Plat, final Plan/Plat and Conditional Use Permit for Carlson Real Estate Co. for property located at the southeast corner of I- 494 and Carlson Parkway. Commissioner Stoebner stated that there was no rush for approval as they are not under tight timing constraints. He indicated his preference for discussion between Carlson Real Estate Co. and the neighbors and would not be opposed to the formation of a committee for discussion. Acting Chairperson Spigner stated since the public hearing is closed, the Commissioners should make their decisions based on what was said. She did agree that it could be sent to a committee for discussion or request the applicant to prepare computer imaging. Planning Commission Minutes March 26, 1996 Page #66 Director Hurlburt stated the Commission could table the action on the applications to a certain date and ask the applicant to meet with the neighbors to discuss the issues raised. Commissioner Bildsoe pointed out that the applicant had already invited the neighbors to a meeting and no one attended. He added that it would be a waste of time if the neighbors did not want to discuss it with the applicant. Commissioner Thomspon stated that he was moved by the neighbors' comments, but also satisfied by the applicant's statements. He did not see any reason to disapprove, and would support moving forward with a computer image. Director Hurlburt stated that a computer image is only useful if there is something to see. She added that more information could be provided about what exists today. Commissioner Thomspon stated that the landowner has the right to develop property within the guidelines and the proposal seems to meet the guidelines. He commented that the neighbors did not take advantage of the scheduled meeting with the applicant. SUBSTITUTE MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner requesting the item be tabled to the April 23, 1996 meeting. The applicant should meet with the residents to discuss issues raised and submit further documentation to support the proposal such as computer imaging, or the like. Roll Call Vote. 5 Ayes. MOTION carried unanimously. It was requested that the neighbors be re -notified of the April 23 meeting date. C. FULER, SEAVER & RAMETTE, P.A. (96015) Acting Chairperson Spigner introduced the request by Fuller, Seaver & Ramette, P.A. for a Lot Division/Consolidation and Variance for property located at 10820 Highway 55 and 10700 Highway 55. Planner Drill gave an overview of the March 19, 1996 staff report. Acting Chairperson Spigner introduced John Brumback of Welsh Companies, representing the petitioner. Mr. Brumback stated that he concurred with the staff report. Commissioner Thompson asked if the properties affected are owned by one owner. Mr. Brumback responded that each of the parcels has individual owners. Planning Commission Minutes March 26, 1996 Page #67 Planner Drill added that the application was signed jointly by both owners of the individual parcels. Acting Chairperson Spigner opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stoebner, seconded by Commissioner Bildsoe to recommend approval of a Lot Division/Lot Consolidation and Variance for Fuller, Seaver, & Ramette, P.A. for property located at 10820 Highway 55 and 10700 Highway 55. Roll Call Vote. 5 Ayes. MOTION carried unanimously. D. ASCENSION LUTHERAN CHURCH (96018) Acting Chairperson Spigner introduced the request by Ascension. Lutheran Church for a Site Plan Amendment and Conditional Use Permit Amendment to allow construction of a 3,570 square foot addition onto the north and west sides of the existing church located at 15870 -46th Avenue North. Planner Drill gave an overview of the March 15, 1996 staff report. Commissioner Berkowitz asked if there was any expansion being requested to the parking lot. Planner Drill replied that no request is being made for parking lot expansion. Acting Chairperson Spigner introduced Jeff Siewert, representing the petitioner. Mr. Siewart stated that he concurred with the staff report. Acting Chairperson Spigner opened the public hearing. Acting Chairperson Spigner introduced Larry Deeney of 4625 Terraceview Lane. Mr. Deeney stated that his backyard is adjacent to the property. He stated that he was concerned with increased daytime activities and traffic because of the expansion. Mr. Deeney asked if there were any plans for additional landscaping for the area immediately north of the church as it has previously grown wild. He stated he would like to see it maintained at a better level, as his yard is affected by dandelions from the area. Mr. Deeney asked if any additional buffer is proposed to screen the parking lot area from the neighbors. Planning Commission Minutes -2b March 26, 1996 Page #68 Acting Chairperson Spigner closed the public hearing. Mr. Siewert stated that there are no immediate plans for increased day time use of the church. The expansion of classrooms are for Sunday mornings only, so there would be no change in traffic patterns except for Vacation Bible School held in August. 'Mr. Siewert commented that they are conscious of the grass on the north side and have contracted it out to be cut once a month beginning this summer. Mr. Siewert stated that there are no immediate plans for a buffer along the eastern edge of property line. Acting Chairperson Spigner asked if it would be possible to install additional buffering along the eastern edge of the site. Mr. Siewert responded that it would be possible, but the church expansion would take place on the north and west sides and the residential area lies to the east. Acting Chairperson Spigner asked if the area north of the church has grown wild in previous years. Mr. Siewert replied affirmatively. Commissioner Berkowitz asked what the City's Weed Ordinance states. Director Hurlburt responded that the Weed Ordinance states an eight inch maximum. A notice would be sent to the owner and the owner does not responsd, the City would cut the grass and bill the owner. MOTION by Commissioner Bildsoe, seconded by Commissioner Thompson to recommend approval of the Conditional Use Permit Amendment and Site plan Amendment for Ascension Evangelical Lutheran Church for property located at 15870- 46th Avenue North. Roll Call Vote. 5 Ayes. MOTION carried unanimously. E. JAMES R. HILL/LAUKKA WILLIAMS (96020) Chairperson Spigner introduced the request by James R. Hill/Laukka Williams for a Planned Unit Development Concept Plan Amendment for Suncourt II to change 41 detached single family units to a total of 59 detached single family units and attached townhouse units. Planning Supervisor Senness gave an overview of the March 22, 1996 staff report. Acting Chairperson Spigner introduced Larry Laukka, the petitioner. Planning Commission Minutes March 26, 1996 Page #69 Mr. Laukka gave an overview of the area, noting principal developments, number of units and unit type within each development. Mr. Laukka stated that he has been trying to market single family dwellings for Suncourt II during the past 18 months with little success, thus, the need to request a change to townhomes. He stated that density is still available due to not being used in other areas of the Planned Unit Development. Mr. Laukka stated that he wrote to the neighbors in the Ashburne townhome development to explain why a change was needed. He wrote to them because when they purchased in Ashburne, single family dwelling units were planned for the area. He wrote them a second letter inviting them to a meeting to discuss any issues. He stated that four people attended the meeting. Mr. Laukka stated the residents were concerned about the affect of their property values with townhomes versus single family dwellings. He presented a chart depicting Parkers Lake market appreciation since 1989. Mr. Laukka stated that the proposed townhomes will sell for $130,000 to $150,000 and will have the Uplands townhome design. He stated that the Uplands, townhomes that were completed in 1994 sold for $105,000 with the average resale now being $113,000. Acting Chairperson Spigner opened the public hearing. Director Hurlburt read a letter dated March 25, 1996, from Darwin Kopp of 15160C 24th Avenue North. Mr. Kopp's letter stated that now that most of Ashburne had been marketed, Mr. Laukka has decided to rezone the property (Suncourt II) to multi -family housing due to difficulty in moving the properties, although several had been sold. The sudden unexpected change in zoning would have a measurable impact on the current valuation and future appreciation potential. Other concerns raised in Mr. Kopp's letter included that there would be more townhomes on the immediate market. He indicated that he was told by Mr. Laukka's sales staff that the Ashburne units would be the last townhomes to be built in this area. The proposed townhomes will be newer townhomes. The proposed units will be better townhomes than the Ashbume units. Mr. Kopp's letter also stated that he felt that the residents of Ashburne, having purchased their properties from Laukka Development on good faith, have a right to receive full compensation for the changes made for Mr. Laukka's benefit, or else the zoning should stand as originally represented. Acting Chairperson Spigner introduced Merrill Albert of 15610D 24th Avenue North. Ms. Albert voiced her objection to the dwelling unit style proposed based on both community and personal issues. She commented that she purchased her home on the premise there would be single family dwellings next to her. She agreed that her home would increase in value, but not as much as it would have if single family dwellings were built. Ms. Albert stated there should not be any more townhomes in the area and the change requested is just self-serving to Mr. Laukka. Ms. Albert stated that she would be Planning Commission Minutes March 26, 1996 Page #70 facing more black asphalt and the views would be different than with single family dwellings. The proposed townhomes would be closer to the line lines. Ms. Albert also stated that there is also a major drainage problem with her residence. Commissioner Thompson asked Ms. Albert if she had heard the same statements as referenced in Mr. Kopp's letter when she purchased her home. Ms. Albert responded that she was only told that there would be single family dwellings adjacent to her home. Acting Chairperson Spigner introduced Terrance Bakowski of 15610H 24th Avenue North. Mr. Bakowski stated that he was in favor of the proposed change, as he would just like to see the neighborhood completed. He stated that the neighborhood needs to be completed to help increase the value of their home, instead of having vacant land. Acting Chairperson Spigner introduced Ann Bakowksi of 1561 OH 24th Avenue North. Ms. Bakowski stated that when they purchased their home, they were told something would be going in adjacent to them, but not specifically single family dwellings. Acting Chairperson Spigner closed the public hearing. Acting Chairperson Spigner asked if the property had always been zoned LA -3. Director Hurlburt stated that the property was developed as a Planned Unit Development and many times amended, but has always been zoned as LA -3 during that time. Mr. Laukka assured that the drainage patterns would not change with the development. He stated that now that he is aware of the drainage problem that Ms. Alberts is having, he will check into what can be done to correct it. Mr. Laukka stated that has not survived 35 years of business by lying to potential homebuyers. He stated that he does not own all parcels remaining in Parkers Lake and would not tell potential homebuyers that there would not be anymore townhomes going in. Commissioner Thompson asked what Mr. Laukka Nvould do if the Concept Plan was not approved. Planning Commission Minutes March 26, 1996 Page #71 Mr. Laukka stated that he did not know what he would do with the property, but it would not be marketed for single family dwellings, as that had already been tried. He stated that this proposal would increase property values. Commissioner Thompson asked how many lots were sold during the 18 months. Mr. Laukka replied that four were sold on the cul-de-sac with two being built on. He stated that a total of six are built or sold. Commissioner Berkowitz asked what the price range difference was between the single family homes and the proposed townhomes. Mr. Laukka replied that the single family homes would have sold for $210,000 to $290,000, versus the townhomes of $130,000 to $150,000. He added that the proposed townhomes would have full basements. MOTION by Acting Chairman Spigner, seconded by Commissioner Stoebner to recommend approval of the MPUD Concept Plan Amendment for Laukka-Williams Parkers Lake for property located on 25th Place northeast of Shenandoah Lane. . Commissioner Thompson commented that he was deeply troubled when a subdivision plan changes when people relied on specific information when they purchased their home. He agreed that no development at all would be detrimental for everyone involved, but was not sure that he could support the change. Acting Chairperson Spigner stated that the proposal is for a Concept Plan only, and when you have difficulty selling the lots, you need to go back to the drawing board. She stated that the value of surrounding properties will increase due to the proposed more expensive townhomes. She added that this is not the final approval, but the proposal looks like it would work. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Berkowitz to table the item to the April 23, 1996 meeting in order for the applicant to submit letters from the single family dwelling units and to poll the residents of Ashburne. Commissioner Bildsoe asked how many single family dwelling units are owned by individuals other than Laukka. Mr. Laukka replied that there are four single family homeoNNners and he has letters from them stating that they do not object to the to'vnhomes that are proposed. T,o zb Planning Commission Minutes March 26, 1996 Page #72 Commissioner Bildsoe commented that he could see no reason for the amended motion, since Mr. Laukka has letters from the single family owners as they would be affected the most by the change. Commissioner Thompson stated that his main concern is the issue of representation of the Ashburne residents when they purchased their homes. Roll Call Vote on Amendment. 3 Ayes. MOTION carried on a 3-2 Vote. (Commissioner Bildsoe and Acting Chairperson Spigner voted nay.) Mr. Laukka asked for an explanation of the amended motion and stated that the request is not reasonable to poll 84 homeowners. Commissioner Thompson explained that he wanted the residents of Ashbume polled to see if they agree or disagree with the proposed change from singe family dwellings to townhomes. Director Hurlburt commented that the Commission can not require Mr. Laukka to produce a petition or to poll the residents. She stated that Mr. Laukka can submit the letters from the single family dwelling homeowners and any other written comments that he would like to support his request for a change. Acting Chairperson Spigner called a recess at 9:38 p.m. The meeting reconvened off -camera at 9:50 p.m. 9. NEW BUSINESS Discussion of Zoning Ordinance. Background on philosophy, administrative sections, commercial/industrial districts and mapping. Planning Supervisor Senness provided the new Planning Commissioners with a detailed background of the draft zoning revisions to date. She also reviewed the process and time tables, noting that staff would try to keep special meetings to a minimum. Planning Supervisor Senness introduced David Licht, Project Consultant. Mr. Licht reviewed the structure of the draft ordinance. He noted that there is an interrelationship between the various sections, where one section may rely on, or refer to, another section. Mr. Licht reviewed the draft Administrative Section, item by item, noting the following changes or features: 0 The section is fairly complete except for Definitions. Planning Commission Minutes March 26, 1996 Page #73 • Public Hearing process outlined is governed by State law. • Conditional Use Permits to be approved by simple majority vote. • Interim uses would be a new use classification. • Administrative Permits apply to Christmas tree sales, grand openings, and other special events. This is a somewhat unique permit that was not revised a great deal. • Variances cannot be granted to permit "uses" not allowed in the district. • Planning Commission will hold a public hearing on all major variances. • Appeals process provides a means to appeal an interpretation of the ordinance and is rarely used. • Environmental Review section is a positive addition to the ordinance. • Site Plan Review provisions are a fundamental section of the ordinance. CommerciaVIndustrial Districts Mr. Licht noted that the current ordinance is "cumulative" and is structured like an inverted pyramid. He stated that this arrangement affords little control. Mr. Licht reviewed the purpose of, and uses allowed in each of the commercial/industrial districts. He noted that two additional industrial districts would be created to support both light and heavy industrial uses. Mr. Licht also stated that an institutional district would be established to support public uses, including schools. Planning Supervisor Senness reviewed the mapping process to apply new districts to the land. She noted that the City wants to avoid creating non -conformities to the extent possible. She also noted that the mapping exercise should apply the most appropriate classification to the "existing" use of the property. Long range planning should not be a goal of the mapping exercise, as that will be addressed when the Comprehensive Land Use Plan is reviewed. Meeting Adjourned at 10:40 p.m. APR 04 '96 04:57AM t�, 3 a P.1 FRiDAYFAx Vol. 1 No. 17 A weekly legislative update from the League of Minnesota Cities April 3, 1996 SPECIALEND OF SEssioNEDinoN House and Senate call it a Session Tax freeze melts away—at Yeast for now he House and Senate adjourned sine die on Wednesday without passing a property tax freeze, but not before a day -long drama played out by House and Senate tax conferees. The tax conference committee reconvened on Tuesday after a two week breakdown in negotiations. Senator Doug Johnson offered a compromise that included a property tax freeze and a variation on the House constitutional amendment to decide the fate of K-12 education finance. Johnson urged House conferees to caucus and consider the entire tax package. Although Senators were waiting to reconvene in the conference room, the committee never met again. The House decided to send a bill to the Senate with only the provisions that were similar or had been agreed to by the conferees during the initial conference committee negotiations. Most importantly, the amendment offered by Representative Ann Rest contained no freeze. The amendment was supported by Representatives Steve Sviggum and Bill Macklin, both of whom had announced their support for the property tax freeze at a press conference last week. Shortly after the bill was sent to the Senate, the House adjourned, leaving the Senate only two options: approve the bill without amendments or to kill the bill. The Senate worked into the early morning hours on Wednesday, but didn't take up the bill until they reconvened Wednesday afternoon. After a relatively short debate, the bill was approved by a wide margin. Moments later, the Senate = adjourned the 1996 legislative session. The bill contains many provisions but may be more noted for what was not included. Although the Governor has not indicated his opposition to any particular sections of the bill, we won't know if he will sign it into law for at least a few days. We will fully summarize the tax bill and all legislation of interest to city officials in the April 19 issue of Cities Bulletin. General provisions that are in • Iron Range Fiscal Disparities programs • Local Performance Aid • Modified Ice Arena Sales tax exemption • Self-executing special service districts • Cabin class rate reductions paid with HACA • Truth -in -Taxation changes which generally relax the law City specific provisions that are in • Little Falls sales tax • Hermantown sales tax • Woodbury TIF provision • Breckenridge TIF provision • Mountain Iron TIF provision • Brooklyn Park distressed housing provisions • South St. Paul bond refinancing • Duluth and Richfield housing replacement provisions • Duluth enterprise zone • Alexandria sanitary sewer provisions Things that didn't make it • Property Tax Freeze • Inclusion of lease -purchase obligations in the net debt limit a : Pte. aufi� CSC— :;, Pm p 17�j C8n GP-�^ P -L ,rot Pry F4tAAY- Ec 77, /i►n,��� �� c�(9-�.r,,�� �� � lie � �-��-�z-c�,,�� --h 17Ae &z&2 I..�, Vticf April 4, 1996 Dave Buzzelle 10222 South Shore Drive Plymouth, Minnesota 55441 Dear Mr. Buzzelle, Thank you for speaking last evening at the Plymouth Forum, expressing your support for the development of the East Medicine Lake trail. The City Council also appreciates your comments on the speed humps on South Shore Drive. City staff will conduct a study on the effectiveness of these humps in the coming weeks, and is to report back to the Council at the May 15 meeting. Thanks again for taking the time to speak to the City Council. Should you have questions, please call me at 509-5052. Sincerely, *41A& -t - Kathy Lueckert Assistant City Manager PLYMOUTH ABeauti%ufl'fateToLive APR -04-1996 17:20 FROM GEN OLSON Ass,istant Minority Leader Senator, District 34 119 State Office Building 100 Constitution Avenue St. Paul, MN 551.5.5-1206 (612)296.1282 Rotor: 6750 County Read 110 West Mound, Minnesota 55364 j612) 472-3306 April 4, 1996 TO: Cities in District 34 FROM: Gen Olson RE: Legislative Session is over TO 95095060 P.01 . Senate State, of Minnesota T The freeze that you feared didn't happen. Nothing of much Significance did. The property tax freeze favored by.citizens but opposed by local government officials didn't become law, The 1995-96 Legislative Session was'over when the Senate adjourned "sine die" Wednesday, and legislators went their. separate ways for recovery and reflection. While many will prepare for the election in November, a significant number are choosing different courses for their lives. Others may have that choice made for them November 5th. This is to say that the 1997 Legislature will clearly be a. different legislature. The 1997 Legislature will face many challenges. While efforts were made to address some of them this year, the pall cast by assorted ethical violations contributed to an unwillingness by the DFL leadership to risk aggravating anyone with major policy changes. The citizen resistance to tax increases and cries for property tax reform/relief are reinforcing the need for major tax and spending policy changes. People are not willing to have an increasing percentage of their income taken by govenuucrit at any level. A scientific poll of registered voters revealed a 79% level of support for the property tax freeze and 77% believing Iocal government could manage for a year without property tax increases. I share that information because it conveys a strong message of need for dealing with rapidly increasi ag property taxes. 1, personally, believe we need major change in how local services are funded. This issue must be tackled in the 1997 Legislative Session, The challenges ahead are great if we are to meet growing demands effectively with the same or fewer resources throughout the areas of government: service. I look forward to attending a council meeting in the weeks ahead. Please call me (296-1282) if you prefer that I attend a particular meeting. If I don't hear from you, I'll call to arrange an appropriate time. COMMIT)T' 19S • EducAtion Environment & Natural Resources Rules and Administration nxes un.Y,,A,,x.r aad Tax Laws ►sa a�,. SERVING: Delano, Franklin Township, Greenfield. Hanover, Independence, Long Laite, Lorene, Maple Plain, �0R'�rMrF n.. Medina. Minnetrista, Mound, Or6ho, Plymouth: Rockford Rnetrfnrrt Tnwn.h;,, C;