HomeMy WebLinkAbout10.A. Mr. Elmer Otto Regarding Garden Villa Apartments
ID.A,
CITY OF SHAKOPEE
Memorandum
CASE NO.: NA
TO: Mayor and City Council
Mark McNeill, City Adminsitrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: September 22,2004 Letter from Elmer Otto regarding Garden Villa
Apartments
MEETING DATE: October 5,2004
REVIEW PERIOD: NA
INTRODUCTION:
The City Administrator received the attached letter from Mr. Otto outlining concerns with noise and
trespassing. In the letter Mr. Otto references the possible licensing of apartments in the City as a
way to address these issues.
DISCUSSION:
Mr. Otto's letter has been shared with the Police Department Beat Supervisor for those items that
may violate the City's nuisance regulations found in City Code Chap. 10. Planning staff has begun
researching other communities that license rental properties, and if the Council wishes, will provide
the Council with this information at a future date. However, it should be noted that many of the
items mentioned in Mr. Otto's letter (e.g. noise from bouncing basketballs and car stereos) might
not be addressable by a licensing program.
ACTION REQUESTED:
Provide staff with any direction it desires beyond the steps that it has already taken.
~
R. Michael Leek
Community Development Director
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September 22, 2004 (ht-
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Mr. Mark McNeill, City Administrator
129 Holmes St. South ll~ ej\)"
Shakopee, MN 55379
Mr. McNeill,
I live at 1057 Eastview Circle, and across from my back fence is the Garden Villa Apartments property.
Next to it is the new Garden Lane Apartments.
This year, the Garden Villa residents are making more noise than in any of the years I have been here.
The people along Eastview Circle are having a problem with this noise.
1. The Garden Lane property now takes away the playground area from Garden Villa, so a basketball
net and pole were put in the Garden Villa parking area. With their new asphalt paving, we can hear
every bounce of the ball loudly. Soccer nets. have been placed close enough so that we can plainly
hear the loud yelling.
2. What is so very aggravating and irritating is the car stereo bass booming, day and night, at Garden
Villa. This is happening many times, separated by only a few minutes. Even. if the driver turns off
the stereo after he has parked, we already hear the stereo loud beat, as soon as the vehicle enters
the apartment property, even atthe furthest distance away. It is very irritating and causes mea lot
of stress and lost sleep. My lot is directly across from their parking area.
3. The kids at Garden Villa are trespassing. On September 4th, 7 young boys came from the Garden
Villa parking area, went to the corner of Julie Cofer's at 1063 Eastview Circle and Huntington Park
Apartments. They used the top bar of Cofer's fence and went over the top of the Huntington Park
wood fence. On September 17th, 6 boys about 16 years old, came like a squad from the Garden
Villa parking area, and went over the top of the Huntington Park wood fence.
4. Susan Windschitl at 1051 Eastview Circle has been trying to get cooperation from the Garden Villa
owner, Jim Vandergriend. He is denying everything and is not cooperating at all, only if she has
something documented. An example: Vandergriend said he was at a meeting of the apartment
owners. She was there, but he was not. When confronted, he had to admit the truth. And on other'
issues, the same.
I don't think this is a matter for us to deal with. It is for the City. If the apartment owners needed to be
licensed, I think this would be the leverage that is needed to get them to be truthful and do the things
that need to be done. In my opinion, if these apartment buildings were downtown, they could make all
the noise they wanted. But they are not. This is a residential area. I would not even think of making this
kind of noise, and I would not have a car stereo on so that the booming noise carried a long way.
To ask that apartment buildings be licensed, I was told by the City Clerk to ask to be on the City Council
agenda, which I am doing.
~.~~
Elmer Otto
1057 Eastview Circle
Shakopee, MN 55379
Phone: (952) 496-2493
.
October 5, 2004
Shakopee City Council Meeting
The purpose for attending this meeting is to help the residents of Eastview Circle deal with problems we
are having with. the Garden Villa. and Garden Lane Apartments that are directly across our back fences.
I am asking the Council to require apartment owners to be licensed, to get more. leverage on what the
owners are doing or not doing that they Should, especially many things the Garden Lane Apartment
owner was required to do, but hasn't.
The new 3-story Garden Lane Apartment building was completed earlier this year. Now, sound is
trapped between their building and ours. And, the Garden Villa parking area that was gravel now is
asphalt, that no longer absorbs the sound. The noise problem is now so bad that residents of Eastview
circle have signed a petition for the City'Council.
I sent a letter to Mr. McNeil, with 4 paragraphs of problems. I would like to first present paragraph 2,
about the noise that is being made at the Garden Villa Apartments by vehicle drivers that have. the
stereo turned way up, with the bass booming. This booming is like an amphitheater, and the noise
vibrates and carries for a long distance. The minute a vehicle gets on the apartment property off
Marschall Road, I can hear it, even if it is at the furthest distance.
I tried to do something about this and first asked at the Shakopee Police Station. I was told to contact
Officer Cory Horner, who works with the apartment owners. He said I should call the pOlice when the
vehicles have their stereos on that loud. I called the police several times. This does not work. It is too
hard to for the police find exactly where the noise is coming from, and many times, by the time they. get
there, . the stereo has been turned off. And, I don't want the police to .be wasting their time with this.
Next, I asked the driver ofa Mazda. car if he could turn down the. stereo, because we can hear the
boom, boom, boom, very plainly, because in the houses on Eastview Circle even with all the windows
closed and we have the television on, we can still hear the stereo booming. The result was that now
when he returns, he still has the stereo turned up, and it sounds even louder. And, it doesn't help to
turn the stereo off after the vehicle is parked. The damage is already done.
On September 30th, I called Jim Vandergriend, owner.of the Garden Villa Apartments, and told him
about the loud car stereo bass booming. I told him that the drivers probably don't realize how the
booming carries. He said he will get a letter out ab()ut the stereos. The noise is still happening.
These car stereos booming are not just once in awhile. When the drivers are leaving for work early in
the morning around 6 A M., they are separated by only a few minutes. When they return after work, it
is the same. The drivers that park in the parking area just across my back fence are the loudest, but I
can also hear the bo()ming from the parking areas at the east end of the apartments. I have been
awakened early inthe mornings afabout 5:30, more than once,
I have documented many of the times that I have heard the car stereo bass booming, since July 24th. I
have 'l:./2.. sheets of these, written on both sides. I printed out some of the first sheets, for an example.
J also have a list of the loudest offenders that park in the parking area nearest to Eastview Circle.
In summary: The people en Eastview Circle need some way to prevent this car stereo bass booming.
The vibrations travel similar to an amphitheater, and it is very irritating. The ideal way would be to ask
the drivers to turn off their stereo before entering or leaving Marschall Road.
7/24/04Garden Villa Apartments- Car stereo bass booming. PaQe 1
7/2411:42 P. M.
7/25 1:12AM.
12:00 P. M.
1:00 "
1:40 " Purple car.
4:34 "
7/26 5:15 P. M. to 5:40
6:12 II
7/27 6:42 P. M. Dark blue Mazda car. License: BLV-143.
7/29 7:50 P. M. Light tan car. License: GFG-616.
7/30 5:52 "
11:39 "
7/30 Soccer ball, till 7/31 12:10 A M.
7/31 Car stereo booming
7:59 A M.
9:17 "
1:40 P. M.
3:13 " Very loud. White car. 5 young men got out. Car has big white letters printed on back
window, at top.
11:42 P. M. Fire crackers.
8/1 Car stereo bass booming
7:52 A M.
2:41 P. M.
3:29 "
6:05 " Black Chrysler car. License: CCF-098.
6:55 " Loud. White Ford 2-door car. License: HLE-613. A young white man driver got out.
7:35 " Same car; drove away.
7:45 " They came back, then drove away.They returned at 7:56 P. M.
8/2 6:02 P. M. Stereo beat. Light tan car.
7:55 " " " SmaIlSUV. Heavy, athletic man driver.
8:04 " " " Don't know location.
8/3 5:10P. M; A Jeep Grand Cherokee Limited SUV has a loud stereo system in the back. License:
MGX-452.
8/4 6:26P. M.
8/5 2:31 P. M.
6:29 " Black car. Young man driver.
6:35 "
6:48 "
7:42 "
8/7 11: 18 A M. Blue Mazda car. License: Bl V-143.
2:54 P. M. Very loud, with loud sirtging.
4:40 " Black Honda car.
8/8 1:10 A. M. People talking loud, outside atback of second apartment building.
2:26 " Same. Outside, at back.
3:40 " Mexicans singing "Happy Birthday", in English.
8:00 " Stereo bass booming. A young man started a vehicle with stereo on, walked back into
apartment, left vehicle running.
8:20 " Vehicle still running, stereo still on.
11:32 " Car stereo booming. White car with white letters painted at topbf rear window.
11:35 " Loud music and singing, from speakers outside at apartment, not in a vehicle.
11:50 " Two men standing and talking loudly at north rear entrance of apartment. We need
sound barriers.
12:06 P. M. Pickup with crew cab at front of first apartment. Driver blew horn loudly, twice. A woman
came out, got in.
Garden Villa Apartments.. Car stereo bass booming. Paoe 2
8/8 12: 18 P. M. More loud music from apartment, speakers outside.
10/4 1:47 AM. Fast beat.
4:18 " " Vehicle stopping at first apartment.
5:22 '" "
5:47 " "
5:53 Boom-boom-boom----Boom-boom-boom.
6:21 Fast beat.
6:31 " " " Vehicle leaving parking area.
6:33 " Very fast beat,further away.
6:51 " Fast beat.
6:54 " Boom-boom-boom----Boom-boom-boom.
7:01 " Huuum humm huum
7:08 " Fast beat. Car leaving.
7:36 " Very fast beat, further away.
8:22 " Fast beat. Red van, with streamlined front.
9:59 " " " Can't tell location.
Gone
11:33 " " "
11: 44 " " " Light grey car, parked by garages.
1:25P.M. Booming. A red car, returned to the parking.area. Stereo is on while two men are
talking.
1:44 " Fast beat.
1:49 " Booming. Jeep has returned, is parked at closest garage, with stereo on. Later, Jeep
left.
2:23 " Fast booming.
3:08 " Fast beat. Jeep returned to parking area.
3:23 " " "
4:32 " Loud beat. Blue Mazda car, returning. I has asked the driver to turn his stereo down. He
does not, until after he is parked.
4:54 " Fast beat.
4:59 " Booming.
5:24 " " .
5:31 " Heavy booming.
5:38 " " "
5:49 " " "
6:38 " Very heavy booming. VerY irritatinQ.
8:03 " Fast beat. Driver shut stereo off, after he parked. He does not realize that the vibrations
travel while he is driving.
9:05 " Fast beat. Vehicle leaving.
9:12 " " "
9:15 " " " Car returning.
9:44 " Fast, loud booming.
c"
J
GARDEN VILLA APARTMENTS
PETITION
The residents living near the Garden Villa Apartment complex, as
represented by the signatures attached, wish to submit the following list of
issues to the owner of the apartment for resolution:
1. Trespassing on private property. Tenants from the Garden Villa
Apartments continue to trespass on private property of residents.
2. Violations of Noise Ordinance. Tenants from the Garden Villa
Apartments continue to disturb the peace after 10:00 p.m. every night
in violation of City ordinances.
3. Violations of leash laws. Animals from the Garden Villa Apartments
are unrestrained and defecate on private property in violation of City
leash ordinances.
4. location of Playgrounds. The location of the Garden Villa Apartment
playgrounds contributes to items 1 and 2 above.
5. Improper Storaqe of Tenant Property. The improper storage of tenant
property on and around the Garden Villa Apartments contributes to a
decline in property values of surrounding homes.
6. . Vandalism to Private Fences. Children from the Garden Villa
apartments have destroyed fences on private property in order to cross
the private property to retrieve baseballs, other play items or get to
school.
Residents demand the owner of Garden Villa Apartments respond to the
above issues no later than _September 17, 2004_ and outline a plan of
action to address and resolve the above issues no later than _September
30, 2004_. Failure on the part of the owner of Garden Villa Apartments to
meet these requirements will result in additional actions being pursued with
the City Counsel of Shakopee.
.
GARDEN VILLA APARTMENTS Page 2
NAME DATE NUMBER
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