HomeMy WebLinkAboutCouncil Information Memorandum 11-08-1991CIN OF
PLYMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
November 8, 1991
UPCOMING MEETINGS AND EVENTS....
1. CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER:
NOVEMBE'.2 18 6:30 P.M. PLYMOUTH FORUM
City Council Chambers
7:00 P.M. REGULAR COUNCIL MEETING
City Council Chambers
NOVEMBER 20 11:00 A.M. BUDGET STUDY SESSION
Council Conference Room
NOVEMBER 25 7:00 P.M. BUDGET HEARING
City Council Chambers
NOVEMBER 26 7:00 P.M. BUDGET STUDY SESSION
Council Conference Room
--------------------------------------------------------
2. VETERANS DAY -- Monday, November 11. City offices
closed.
3. BOARD OF ZONING -- Tuesday, November 12, 7:00 p.m. The
Board of Zoning Adjustments and Appeals will meet in the
City Council chambers. Agenda attached. (M-3)
4. MUNICIPAL LEGISLATIVE COMMISSION (MLCI _ BREAKFAST
MEETING -- THE MLC has scheduled a breakfast meeting with
our area legislators for 7:30 a.m., Thursday, November 21
at the Radisson Conference Center (formerly Scanticon).
These breakfast meetings are held annually, and this one
is designed primarily for the legislators representing
Brooklyn Park, Eden Prairie, Minnetonka, and Plymouth.
It would be neat if all Plymouth Councilmembers were able
to attend this- meeting and share their thoughts and
concerns with our legislators. If you plan to attend,
please let Laurie know not later than November 18.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATION MEMORANDUM
November 8, 1991
Page 2
5. LEAGUE OF MINNESOTA MUNICIPALITIES ANNUAL LEGISLATIVE
POLICIES ADOPTION MEETING -- Thursday, November 21 at the
Registry Hotel in Bloomington. A copy of the meeting
notice is attached. A copy of the proposed 1992 policies
and priorities is on file in my office for your
information and review. (M-5)
6. HENNEPIN COUNTY LIBRARY BOARD MEETING -- Thursday,
December 12, 4:00 p.m. The next meeting of the Hennepin
County Library Board will be held December 12 at the
Ridgedale Area Library. A copy of the meeting notice is
attached. (M-6)
7. MEETING CALENDARS -- City Center and City Council
calendars for November and December are attached. (M-7)
FOR YOUR INFORMATION.....
1. MTC ADVISORY COMMITTEE APPOINTMENT -- Councilmember
Carole Helliwell has been appointed to the Metropolitan
Transit Commission Advisory Committee on Transit. This
committee consists of individuals from throughout the
transit service area for about two hours who meet monthly
to discuss issues affecting transit. Each year the
committee is given two or three issues to study by the
MTC Board of Commissioners. The Advisory Committee then
breaks down into subcommittees to study the subject and
prepare a report which is shared with the MTC Board. The
subcommittee also meet monthly for about an hour. Most
recent reports address marketing and fares. When no
subcommittee action is underway, the committee receives
report from MTC managers about their department's current
activities.
2. NOVEMBER 5 ELECTION -- The final election results summary
(includes names and totals for write-in votes) is
attached for the Council's information. Also attached is
a memorandum from Laurie which provides an overview of
the November 5 election day activities. Letters to
Council -elect members Joy Tierney and John Edson from the
City Manager are also attached. (I-2)
3. PHOTOGRAPHS OF COUNCIL MEMBERS -- Attached is a memo from
Helen LaFave recommending that we have photographs taken
of the Mayor and Councilmembers. Heretofore, we have
tried to take these ourselves with somewhat mixed
results. Helen recommends, and I concur, that we will be
better served if we have your photographs professionally
taken. With that thought in mind, we recommend that we
use Photo Fast of Golden Valley. The total cost is
relatively modest and we believe would provide us, and
CITY COUNCIL INFORMATION
November 8, 1991
Page 3
you, with better pictures to use in City communication
efforts.
4. COMMUNITY PROFILE -- Attached is an updated Community
Profile on Plymouth published by the Minnesota Department
of Trade and Economic Development. The profile is
available for distribution to the public at our Customer
Counter.
5. MINUTES•
a. District 281 Government Advisory Council, October 30,
1991. (I -5a)
b. Public Information Meeting - 1991 Reconstruction for
District 3, Memo on November 6 meeting. (I -5b)
6. STORM WATER DRAINAGE CLAIM -- Attached is a memorandum
from Bob Pemberton,, Risk Management Coordinator
concerning the request by Clarence and Patricia Nelson,
4200 Ximines Lane, for the City to reconsider the storm
water damage claim denied by the City's insurance
carrier. (I-6)
7. DEPARTMENT ACTIVITY REPORT -- The October building permit
and inspection activity report is attached. (I-7)
8. CUSTOMER SERVICE LINE -- Information on calls received on
the customer service line is attached. (I-8)
9. PLYMOUTH EMPLOYEES:
a. Letter from Plymouth resident commending Officer Luke
Way. (I -9a)
b. Letter of appreciation from Clotile Pease, Armstrong
High School, to Nia Wronski and Darrell Anderson for
their presentation to a group of Career Education
students. (I -9b)
10. CORRESPONDENCE:
a. Letter from Senator Paul Wellstone, to Mayor Bergman,
regarding the naming of the new postal facility in
Plymouth. (I -10a)
b. Letter to John Rajkowski, District 284, from Frank
Boyles, advising that the City will participate in the
TwinWest Chamber Career Exploration Day program. (I -
10b)
c. Letter from Marilyn Buman, 3011 Walnut Grove Lane,
regarding a packet of advertising material left on her
lawn. (I -10c)
CITY COUNCIL INFORMATION MEMORANDUM
November 8, 1991
Page 4
d. Letter of appreciation to Plymouth Jaycees from Mayor
Bergman for their help at the City's special recycling
collection. (I -10d)
e. Letter from Jim Ramstad to City Manager concerning
H.R. 2946, the "Police Officers' Bill of Rights Act of
1991." (I -10e)
f. Letter from Edwin Sufka, 1850 Ithaca Lane, to Eric
Blank, recommending the workhouse farm silos on the
Parker's Lake playfield be demolished. (I -10f)
g. Letter from State Senator Judy Traub, to Neil
Peterson, MLC Chair, on the November 21 MLC breakfast
meeting. (I -log)
h. Letter from Larry Marofsky, representing Vern Reynolds
Construction Company, to Ceil Strauss, Minnesota DNR,
regarding the proposed alignment of Northwest
Boulevard. (I -10h)
i. Letter to Mary Davidson, 1870 Glacier Lane, from Eric
Blank, in response to Mr. Davidson's request for
horseshoe courts and bocce ball facilities at Parkers
Lake playfield. (I -10i)
James G. Willis
City Manager
BOARD OF ZONING ADJUSTMENTS AND APPEALS
PLYMOUTH CITY CENTER
3400 PLYMOUTH BOULEVARD
PLYMOUTH, MN 55447
TUESDAY, NOVEMBER 12, 1991
7:00 P.M.
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. NEW BUSINESS
7:00 P.M.
)�'3
A. KENT AND LORI TERRELL. Request for a variance from the minimum front
yard and side yard setbacks and from the maximum lot coverage
requirements for the proposed construction of an attached garage
addition at their property located at 10128 Southshore Drive. (10-01-
91).
4. APPROVAL OF MINUTES
5. ADJOURNMENT
October 8, 1991
GIM 0 3 '91
YA - �0
HENNEPIN COUNTY LIBRARY ADMINISTRATIVE OFFICES
RIDGEDALE DRIVE AT PLYMOUTH ROAD
HENNEPIN 12601 Ridgedale Drive
Minnetonka, Minnesota 55343-5648
1 F -U (612)541-8530
October 28, 1991
Jim Willis
Plymouth City Manager
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr�V�
Thank you for your letter dated October 23, 1991. The library staff look forward to
working cooperatively with Property Management and the City of Plymouth on the
specific land transfer. I have forwarded a photocopy of your letter to the Hennepin
County Property Management Department with a request that the architect selection
process be accelerated. After the architect is selected, specific building plans will be
developed in cooperation with the architect, Property Management and the Library for
recommendation to the County Commissioners for their final approval.
The next Hennepin County Library Board Meeting is scheduled for 4:00 p.m.,
Thursday, December 12, 1991 at the Ridgedale-Hennepin Area Library. Please inform
the members of the City Council; as requested in your correspondence, the City of
Plymouth will be placed on the Library Board's mailing list.
Sincerely,
Robert H. Rohlf,
Director
CIM NOV 8 191
HENNEPIN COUNTYCIMNOV4 '94
an equal opportunity employer
COUNCIL CALENDAR: NOVEMBER 11 24
November 1991
November 13
6:45pm PLAN. FORUM
7:00pm PLANNING COMMISSION
November 14
7:00prn PRAC
7:30prn HRA Public Info. Mtg.
I November 15
November 16
M T W T F S S
*Revised Meeting/Event **New Meeting/Event
�FRI
WAY1 November 20
11:00arn "BUDGET STUDY SESSION I
DANovember 21
7:30arn **MLC Breakfast Mtg - Radisson Conf. Ctr
9:00arn LMC Policy Adoption Meeting
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9:00arn LMC Policy Adoption Meeting
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COUNCIL CALENDAR: NOV. 25 -DEC. 8
November -December 1991
November 25
7:00pm COUNCIL BUDGET HEARING
November 26
7:00pm "BUDGET STUDY SESSION
November 27
7:00pm PLANNING COMMISSION
December 21
Hanukah
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ESDAY December 3 I
7:OOpm **BUDGET STUDY SESSION
December 41
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COUNCIL CALENDAR: DECEMBER
December 1991
December 9
7:00pm **BUDGET STUDY SESSION
December 10
7:00pm BOARD OF ZONING
7:00pm COUNCIL BUDGET HEARING
December 11
6:45pm PLAN. FORUM
7:00pm PLANNING COMMISSION
PLYMOUTH FORUM
December 12 > THURSDAY::€
4:00pm Henn. City Library Board - Ridgedale Library 6:30pm HRA
7:00pm PRAC
December 13
9-15
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December 201
December 1991
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VM NOV $ '94
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COUNCIL CALENDAR: DECEMBER 16 - 29
December 1991
December 16 WONDAY December 23
6:30pm PLYMOUTH FORUM
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17:00prn REG. 'COUNCIL MEETING
December 17 December 241
December 20 December 271
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CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 6, 1991
TO: Frank Boyles, Assistant City Manager
FROM: Laurie Rauenhorst� ty Clerk
SUBJECT: NOVEMBER 51, 1991 ELECTION
The optical scan voting equipment worked well for the November 5
election. There were no machine failures. Only one of the 32
program packs failed. This was in Precinct 6. We replaced the
program pack in the machine and there were no further problems.
Our system for providing results was adequate. Results were
tallied on a board in the Council Chambers for candidates,
election judges, and the public in attendance and updated on the
Channel 37 character generator as reported by precinct. Final
results were also provided to newspapers, TV and radio stations.
Results were complete by 9:20 p.m. The switchboard remained open
until about 10:00 p.m. to provide election totals to callers.
In a larger election with more candidates on the ballot, we will
again use our voice mail election message center. This is
particularly useful when there are lapses between precincts
reporting.
Because of the ease of the election with the equipment operating
properly, the smaller one -column ballots, and very few write-in
votes, the precincts all reported to the City Center at about the
same time. It was a busy hour, but final results were in early!
The following are additional notes on incidents from the
election:
1. One woman arrived to vote but there was already a signature
on the precinct roster for her name. Person was not
allowed to vote. Her husband got angry, swore at the
judges, and ripped up his ballot. They both left without
voting.
2. We received several inquiries from non -U.S. citizens wanting
to vote on the school district question. Denied.
GIM NOV 8 '94
Election Memo
November 6, 1991
Page 2
3. We received perhaps a dozen inquiries from people who own
property in Plymouth but do not live here asking to vote on
the school district question. Denied.
4. Many parents and several school employees wore "Support Our
Schools" campaign buttons into the polling places. They
were asked to remove them while in the polls. No reported
similar problems with candidate literature.
5. Two Birchview teachers said they signed a petition before
the election so they could vote outside of their home
precinct. We don't know what this could have been.
6. A voter was very upset that she couldn't vote for her
husband. He couldn't get off work to vote.
7. One man grabbed his wife's ballot and then wanted a new
ballot because "she voted wrong". Her ballot was taken from
him by the judge and returned to the woman. He was told
voting is confidential, and the woman placed her ballot in
the ballot box. He left vehemently angry.
8. I received phone calls from 5-6 very angry voters, and
election judges received similar complaints from voters,
wanting to know how their name got on the mailing list for
campaigners. Apparently they were phoned and the caller
indicated that they were aware the person had voted in the
September election. The voters felt whether or not they
voted should be private. I informed them that this is
public information which anyone can buy for political
purposes. Two additional residents were very upset because
they received identical campaign calls, but on their
unlisted phone line. Again, if they indicate this
information on their voter registration card, it becomes
public information for specified purposes.
9. As in every election, many residents left the polls unable
to register. Some had no identification at all; others
tried to use a utility bill or house title to register.
Forms of identification for voter registration on election
day are specified by state law.
10. Voter was upset that his address was printed on the voter
registration printout. He said his wife is a prosecuting
attorney and that is the reason he wants his address
removed. He said his right to privacy is being violated.
(State law provides for privacy protection for police
officers and battered women, but other addresses are public
information for specified purposes.)
-7- QL-�
Election Memo
November 6, 1991
Page 3
11. The 5,000+ challenges on the voter registration list did not
pose a problem. Any ballots returned as undeliverable
during the mail ballot election (about 5,200) had to be
challenged on the voter registration system. Any voter who
was challenged was asked to provide identification showing
their residence or to take an oath swearing to their
residence. I anticipated we would receive complaints about
this, but we did not.
12.
The last item is th
about the condition
polling places due
polls. Ironically,
too many complaints
polling places. Be
anywhere because th
spaces!
e obvious -
of the park
to the snow.
for the fir
about the 1
cause of the
ey couldn't
There were many co
ing lots and walkw
One voter fell 1
st time, we didn't
ack of parking at
snow, people just
see the designated
mplaints
ays to the
eaving the
receive
some
parked
parking
94! NOV
=Q—
November 6, 1991
Joy Tierney
17915 20th Avenue North
Plymouth, MN 55447
Dear Joy:
Congratulations on your election to the Plymouth City Council!
During the next several weeks, as you prepare to assume your new
responsibilities, I will be sending you packets of information as
they are made available to Councilmembers. These packets will
include the City Council agenda, a weekly information memorandum,
and other items which may from time to time be distributed to
Councilmembers. These materials are normally delivered by Plymouth
Community Service Officers on Thursdays preceding council meetings
with information memorandums generally being delivered on Friday. I
invite you to contact me with any questions you may have with
respect to any of the items which are sent to you.
I am also sending to you a copy of the proposed 1992 city budgets.
These budgets will be the subject of several study sessions on the
part of the City Council, as well as two public hearings. I believe
it would be beneficial to you to sit in on these budget meetings in
order that you might gain an understanding as to what I am proposing
for 1992. The current City Council has the responsibility of
adopting these budgets, but I know they would appreciate your
comments with respect to them.
We have previously provided you information on the various city
departments, in order that you might have some understanding in a
general way of how the city administrative staff is organized and
how it functions. Between now and the end of the year, I would like
to have you come in and meet with the various department heads and
others in order that you might become acquainted with those with
whom you are not currently acquainted and also have an opportunity
of developing a little better understanding of what they are doing.
I look forward to having the opportunity of working with you as you
undertake your term on the City Council and pledge my best efforts
to meet your needs and expectations.
Yours truly,
s G. Willis
City Manager
JW:kec
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Cee NOV S 191
November 6, 1991
John Edson
4835 Forestview Lane
Plymouth, MN 55442
Dear John:
Congratulations on your election to the Plymouth City Council!
During the next several weeks, as you prepare to assume your new
responsibilities, I will be sending you packets of information as
they are made available to Councilmembers. These packets will
include the City Council agenda, a weekly information memorandum,
and other items which may from time to time be distributed to
Councilmembers. These materials are normally delivered by Plymouth
Community Service officers on Thursdays preceding council meetings
with information memorandums generally being delivered on Friday. I
invite you to contact me with any questions you may have with
respect to any of the items which are sent to you.
I am also sending to you a copy of the proposed 1992 city budgets.
These budgets will be the subject of several study sessions on the
part of the City Council, as well as two public hearings. I believe
it would be beneficial to you to sit in on these budget meetings in
order that you might gain an understanding as to what I am proposing
for 1992. The current City Council has the responsibility of
adopting these budgets, but I know they would appreciate your
comments with respect to them.
We have previously provided you information on the various city
departments, in order that you might have some understanding in a
general way of how the city administrative staff is organized and
how it functions. Between now and the end of the year, I would like
to have you come in and meet with the various department heads and
others in order that you might become acquainted with those with
whom you are not currently acquainted and also have an opportunity
of developing a little better understanding of what they are doing.
I look forward to having the opportunity of working with you as you
undertake your term on the City Council and pledge my best efforts
to meet your needs and expectations.
Yours truly,
6\Citams G.Willis
Manager
JW:kec
GW NOV 8 '91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Z=3
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 7, 1991
TO: James G. Willis,ll/City Manager
��
FROM: Helen LaFave,i'Communications Coordinator
SUBJECT: PROFESSIONAIL PHOTOGRAPHS OF CITY COUNCILMEMBERS
In the December issue of the Plymouth News I plan to report on
the outcome of the November 5 election. I would like to run
photographs of the two newly elected Councilmembers and Mayor
Bergman. I recommend that we have them professionally
photographed. I would also like to have Councilmembers Vasiliou
and Helliwell go in for sittings so that we will have photos of
them on hand when needed.
I contacted Photo Fast of Golden Valley (which is used and
recommended by the Twin West Chamber of Commerce) . The cost per
person would be $21.95 for a sitting. We would be provided with
6 to 8 proofs. Each Councilmember could then choose the proof
they prefer and we can order black and white prints. Cost per
print is $7. Total cost for all five Councilmembers would be
$144.75.
This would be money well spent. I think Council would be more
satisfied with the work of a professional photographer and I
believe the results would be significantly better when printed in
the newsletter.
If you agree this is a good idea, I would like to ask the Mayor
and Councilmembers to schedule sittings. I will need to get the
Mayor's and Councilmember-Elect Edson's and Tierney's photos in
time for the December newsletter.
cc: Frank Boyles, Assistant City Manager
CIM Nov 8 '91
Z 50,
GOVERNMENT ADVISORY COUNCIL
October 30, 1991
Minutes
PRESENT: Robert Cameron, Charles Darth, Dan Donahue, Jerry Dulgar, Walt Fehst,
Linda Powell, Gerald Splinter, Carroll Vomhof, James Willis, Robert
Zitur
Robert Cameron, director of secondary education, provided current and
projected enrollment figures for District 281. The district is
beginning to show an increase in enrollment. The Highview Alternative
Program is not included in the enrollment projections because this
program is for dropouts and the enrollment changes daily. The open
enrollment policy does not have much of a bearing on the enrollment
count. Once a student is accepted through open enrollment they
normally stay in the district until they finish school.
Cameron also provided the minority sight count as of October 1, 1991.
These numbers change yearly. The student minority percentage in the
elementary school is 14.3%; in the middle school it is 15%; in the
high school it is 12.7%; the district total is 14%. Supt. Powell
mentioned that she had been attending meetings with five suburban
school districts and Minneapolis on desegregation. There is an
initiative in the legislature to either disband the Minneapolis
School District to become part of the suburbs or to have the suburbs
become part of the Minneapolis School District.
Cameron explained that the district policy on discipline had not
changed but the application of the policy rules and regulations are
being enforced. Basically, this means that the administration is
going to be tougher and will follow through on violations.
The levy for the school liaison officer is for the 1992-93 school
year and only for one year. It has not been determined how the
program will work. It has been suggested that the district
administration and the cities involved should meet on this.
The superintendent stated that the district has received another
offer from Super Valu to purchase Mielke Field. The offer is
identical to the one they made last April. The offer will be
discussed at the school board meeting on November 4.
Due to the length of this meeting, Dan Donahue's presentation on the
five city housing coalition will be on next month's agenda.
At this meeting it was decided that the Government Advisory Council
will meet on the second Wednesday of each month. The next meeting
will be November 13 at 7:30 a.m. in the Cabinet Room of the
Administration Building.
41 /
PN 6 1991
CITY
._ '�>b
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 7, 1991
TO: James G. Willis, City Manager
`"'Daniel aniel L. Faulkner, City Engineer
ineer
SUBJECT: PUBLIC INFORMATION MEETING
1991 RECONSTRUCTION FOR DISTRICT 3
CITY PROJECT NO. 102
On November 6 Dan Campbell, Sue Mason of Short -Elliott -Hendrickson, Inc.,
and I conducted an informal meeting with interested property owners
affected by our proposed street, storm sewer, and watermain improvements
in District 3. We were available for approximately a three hour period to
discuss individual concerns of the residents and approximately 15 people
attended the meeting.
We explained the proposed improvements to the residents and answered their
specific questions relating to such things as driveway replacement, street
widths, and the schedule for the proposed improvements. In addition,
there were a few items that will require some further analysis which will
be completed by our engineer within the next week. A couple of the
affected residents were still expressing opposition to the project and are
interested in trying to stop the improvement until some time in the
future. The two residents expressing opposition live on Union Terrace and
they may attempt to prepare a petition for submittal at the November 18
City Council meeting. At that meeting we will be requesting Council
approval of the plans and setting of a bid date for some time in late
January or early February. Our intent would be to construct the necessary
channel improvements during the frozen months followed by the street and
storm sewer work during the normal construction season.
DLF:kh
cc: Fred G. Moore
Daniel K. Campbell
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 5, 1991
TO: James G. Willis, City Manager
FROM: Bob Pemberton, Risk Management Coordinator
SUBJECT: CLARENCE AND PATRICIA NELSON
4200 XIMINES LANE
PLYMOUTH, MINNESOTA
On July 1, 1991 the City of Plymouth experienced an extremely heavy rainfall
in which 3 or 4 inches of rain fell in a one hour period of time. The above
citizens experienced a surface water loss to their home as a result of the
storm. The home is located at the southwest corner of Ximines Lane and Old
Rockford Road and is sited below the grade level of Old Rockford Road.
The storm sewer servicing the area became inadequate due in part to the
completed construction north of Old Rockford Road. This caused the system to
overflow and pond in the above yard for brief periods of time over a period of
years.
The City recognizes the problem and the Council authorized a capital
improvement project to correct the problem. Construction commenced in July
1991 and is now completed.
The home has a walkout leading into a landscaped back yard. On July 1, 1991
myself and Dan Campbell of the Engineering Department inspected the exterior
of the dwelling but were unable to gain entrance because the homeowners were
gone. Mrs. Nelson advised in a telephone conversation that carpeting in the
lower level was wet- We observed debris and twigs in the yard which was
evidence of some ponding and the ground was still saturated with water. We
also observed that several landscape timbers on the south side of the home had
moved but we observed no extensive damage to the dwelling, landscaping or
lawn.
I question the extent of the landscape damage, discount the lawn repair
entirely and have serious doubts with respect to the rot discovered in the
patio door.
GAB Business Services, Inc. investigated and reviewed the claim on behalf of
our insurance carrier, the League of Minnesota Cities Insurance Trust and
denied the claim based on the lack of negligence on the part of the City of
Plymouth. Mrs. Nelson protested the denial and the League legal counsel
reviewed the claim and advised that the denial was proper since there was no
CIV, NOV 8 1-0241
Clarence and Patricia Nelson Memo
Page 2
legal liability on the part of the City of Plymouth. Tom Felcyn of GAB
Business Services, Inc. reaffirmed the denial.
I have serious reservations about reconsidering this claim because of the
legal precedent it could set if we made payment in the absence of legal
liability.
cc: Dale E. Hahn, Director of Finance
=- LF'
COLLEEN M. TRENDE
6000 McColl Drive
Savage, Minnesota 55378
(612) 890-1045
j 111A -
October
<14
October 30, 1991
? a. 0*.%0 - .
Mayor Kim Bergman
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Clarence and Patricia Nelson claim
Dear Mayor Bergman:
I have been retained by Clarence and Patricia Nelson to rep-
resent them in a matter involving damage to their home and property
on July 1, 1991, at 4200 Ximines Lane in the City of Plymouth. This
damage resulted from improper storm water drainage following a rain
storm. After submitting a damage claim, the Nelsons were informed
that their claim was denied. It is that denial which prompts this
letter.
As you are already aware, the Nelsons first began experiencing
water problems in August of 1984, following the development of land
along County Road 9 near their home. Storm sewers installed in this
development were apparently inadequate, for after a subsequent heavy
rainstorm, a wide "river" of water inundated their backyard and a
nearby street, and entered their home under a walkout patio door.
This caused considerable damage.
Since that incident, numerous others have occurred over a seven-
year period that resulted in damage to the Nelsons' carpet, landscap-
ing, and structural wood in and around their home. Each time, the
Nelsons notified the City of the problem, submitted claims where ap-
propriate, and asked that the drainage problem be solved by the City.
City Engineer Chester Harrison, Jr. responded in August of 1988
in a letter stating that as a result of investigation by the City,
diversion of some water and blockage of a culvert would be done in
an attempt to solve the ponding problem. He stated that he believed
this reduction in flow would eliminate any future problems. (See
attached.)
This unfortunately was not the case as can be seen by the July
1, 1991, incident. Once again, rain water ponding from a heavy storm
CIM Nov 8 '91
Page 2 of 3
damaged the Nelson home. Again, they submitted a claim. However,
this time they were denied any reimbursement. A letter dated August
13, 1991, from Mr. Thomas Felcyn, an adjuster from GAB Business
Services, on behalf of the City reaffirmed that denial. (See
attached.)
The denial of this claim is illogical for the claim arises
from conditions that were the same on July 1, 1991, as they were
during the seven-year period beginning August of 1984. Property
with no prior history of ponding problems from area drainage sud-
denly became a collector basin after local development activities
installed city storm sewers. These sorm sewers were obviously
inadequate whether due to the system's improper size, location,
directional flow, or some other problem. The City's own investiga-
tion and alteration in flow proved insufficient. As long as the
storm sewer system in the area remained as it was, the ponding
problem persisted and appeared whenever any heavy rain fell.
Mr. Felcyn's letter implies that once reconstruction began on
the system in July of 1991, the Nelsons' claim became invalid.
This is, with all due respect, illogical since the damage occurred
before the reconstruction began that month. It is also unusually
callous to acknowledge the need for changes but deny any recourse
to the citizens suffering the effects of the system's inadequacies
occurring before the changes are implemented. This goes against
not only logic and legal precedent, but against fairness.
Mr. Felcyn also implied that since money had been paid in the
past to the Nelsons, that the City's responsibility was ended. On
the contrary, any reimbursement to the Nelsons in the past was for
past damage, not that occurring on July 1, 1991. Prior payments
did not operate as settlement of any future possible claims arising
from the same conditions. They merely addressed losses from prior
ponding incidents. This new claim is merely the result of another
occasion of damage for which the Nelsons have every right to recov-
er.
Mr. and Mrs. Nelson repeatedly asked for a permanent solution
to this problem since 1984. Yet only once in that time did the
City undertake any change before finally reconstructing the system
in 1991. In that entire seven years, the Nelsons dealt with the
consequences on a very personal level with remarkable patience. It
is amazing that such patience should be expected from a taxpayer
only to have them rewarded for their efforts with a denial of recov-
ery.
The denial of this claim should be reconsidered. The Nelsons
am Nov 8 '91
Page 3 of 3
merely ask for the restoration of their landscaping, some minor
clean-up expenses, the cleaning of their carpet, and the replace-
ment of a patio door now subject to wood rot from the prolonged
problems. These claims are certainly reasonable under the cir-
cumstances. They total approximately $2,300.00. (See attached.)
The Nelsons await your response.
Very truly yours,
Colleen M. Trende
CMT/ gt
Enclosures
cc: Jim Willis
Daniel Campbell
Chester Harrison, Jr.
Bob Zitur
Maria Vasiliou
Carole Helliwell
Lloyd Ricker
Tom Felcyn
Robert Pemberton
Knaus -Anderson Insurance
Clarence and Patricia Nelson
� MW
Clarence and Patricia Nelson
4200 Ximines Lane
Plymouth, MN 55441
SUBJECT: DRAINAGE PROBLEM IMPROVEMENTS
Dear Clarence and Patricia:
Per your request concerning a drainage problem that has created some
flooding of your rear yard, the City has done a thorough investigation
and was able to divert the drainage water from the west side of Zachary
Lane into a drainage culvert located west of Zachary Lane on Rockford
Road. The culvert crossing under Zachary Lane, that drained the water to
the east, has been blocked off reducing the drainage area considerably
from what previously was draining into your backyard. Based on this
diversion, the drainage going to your rear property line will be reduced
significantly and should eliminate any future drainage problems.
If I can answer any further questions concerning this matter, please
contact me at City Hall.
Sincerely,
C447T�
Chester J. Harrison, Jr., P.E.
City Engineer
CJH:kh
cc: Fred G. Moore, Director of Public Works
Daniel K. Campbell, Senior Engineering Technician
Bobbi Leitner, Finance Office Supervisor
4W NOV-8 34
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
GAB Business Services Inc
9531 West 78th Street Suite 220
Eden Prairie, Minnesota 55344
Telephone 612-942-9818
Branch Office
August 13, 1991
Mrs. Clarence Nelson
4200 Ximines Lane
Plymouth, MN. 55447
INSURED;CITY OF MINNETONKA
GAB FILE 156527-21514
DATE OF INCIDENT; 1-14-91
Dear Mrs. Nelson:
After a telephone conversation of August 9, 1991, I
followed up with the League of Minnesota Cities and in
particular their staff attorneys.
I presented the facts to them concerning your claim and
also the fact that you were apparently paid some money
back in 1988 for a similar incident.
Since the
ss
area, we teei that we have a ver
w`is to pursue this, it is certai
letter is to re -affirm the denial
on July 26, 1991.
Sincerely,
good defense If you
y your choice. This
which was sent to you
APfi. r
as M. Fel n, Adjuster
TMF/nh
cc: Bob Pemberton, Risk Management Coordinator
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN. 55447
NOV 8 '-9d
11
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CUSTOMER SERVICE LINE
November 4, 1991
PROBLEM: Mr. Jones calls in during the weekend to report that
his cul-de-sac had not been plowed.
SOLUTION: Call was transferred via voice mail to Tom Vetsch with
a request to contact Mr. Jones to ensure that the
plowing had been done.
I(�f 5 • ,� � - �o.-vim•
Nov 8 ",%
CUSTOMER SERVICE LINE
November 4, 1991
PROBLEM: Crews had not cleared out his cul-de-sac. Call came
in over the weekend.
SOLUTION: Call was transferred via voice mail to Tom Vetsch with
a request that he contact Mr. Koyles to ensure that
the cul-de-sac had been plowed out.
0 1.5 . 1 " %' r
-�-G-�
Sk��1e 5
c,M Nov 8 91
CUSTOMER SERVICE LINE
November 4, 1991
PROBLEM: City left at least six feet of snow and ice in her
driveway. She is concerned that the residents are
expected to clean this up.
SOLUTION: Call was transferred via voice mail to Tom Vetsch with
a request to contact Ms. Edwards.
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CIM NOV 8 '91
CUSTOMER SERVICE LINE
November 6, 1991
DALE SEVERSON, 476-0784
PROBLEM: Caller requested that a block section of sidewalk on
Vicksburg Lane between County Road 6 and 14th Avenue
North be plowed. She noted that the rest of
Vicksburg's sidewalks had been plowed.
SOLUTION: The call was referred to Park Superintendent Mark
Peterson. He stated that he would call Ms. Severson
immediately and explain that the sidewalks on
Vicksburg from Highway 55 to the High School are
typically plowed. However, he noted that this section
may be affected by County Road 6 construction. He
will check into it and if construction does not
prohibit it, see that the section is plowed.
C'M NOV S '91
--5�
CUSTOMER SERVICE LINE
November 7, 1991
ED ROBB, 615 WINDEMERE CURVE, WORK: 544-161
PROBLEM: Mr. Robb's mailbox was snapped off the mailbox post on
Friday night as the snowplow cleared snow in front of
his house. He noted that the mailbox appears to be
fine because it is sitting on top of a mound of snow.
However, the box is actually snapped off from the
post.
Mr. Robb also said that another five or six homes have
the same problem between the 600 and 700 block of
Windemere Curve. He also noted that a "great job" was
done clearing out snow from the recent storm. He said
that regretably he had this outcome with his mailbox.
SOLUTION: Mr. Robb requested that the City either replace or
compensate him for the mailbox.
CIM NOV 8 '91
i �V-0 Nka-�
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November S, 1991
TO: Tom Vetsch, .S�tvreet Supervisor
FROM: Helen LaFavef Communications Coordinator
SUBJECT: CUSTOMER SERVICE LINE CALL
Ted Robb, 615 Windemere Curve, 544-1609 (work), or 544-9963
(home), called the 24 -Hour customer Service Line on November 7.
He reported that the plow which cleared snow in front of his
house on Friday night snapped his mailbox from its post. He
noted that the mailbox may appear to be fine because it is
sitting on top of a mound of snow. However, it is broken from
its post and will be a problem when the snow melts.
He requested that this be checked out and that he be compensated
for the mailbox post replacement or that the post be replaced.
Mr. Robb also wanted to alert the City to the fact that about
five or six other homes between the 600 and 700 blocks of
Windemere Curve had the same thing happen to their mailboxes.
Please check into that as well.
Mr. Robb noted that he was not an irate customer and he had a
"pat on the back" to extend to the city plow crews for the good
job thel did in clearing out streets after the recent snow storm.
He main concern is that he have a mailbox or be compensated for
it so that his mail delivery will not be interrupted by this.
Please advise
November 13.
HL:kec
cc: 11/13/91
me of action taken on this by Wednesday,
c m a 3 '91
November 5,1991
Richard Carlquist
Plymouth Chief of Police
3400 Plymouth Boulevard
Plymouth, Mn 55447
Mr. Carlquist:
I am writing in regard to Plymouth Officer Luke Way. This last summer I had
called 911 emergency because I was having what has since been diagnosed as a panic
disorder attack. It was a terrifying experience and I was very frightened and upset.
Officer Way was one of the people who arrived at my house to provide
assistance. The paramedics arrived and diagnosed I was simply hyperventilating and
after a few minutes left. Officer Way could see I was still emotionally upset and took the
time to talk to me for a while until he knew I had calmed down.
Even though it has been a while since the episode, I want you to know how much
I appreciated Officer Way's concern and helpfulness. I still remember some of the things
he said that helped me decide to seek medical help for this problem. I think he is a very
caring and dedicated Police Officer and a credit to the force. My husband and I are
fortunate to live in a community where we can rely on individuals like Officer Way.
03 '91
RC BEIRSDALE
. _ P.MSTR0NG
High School
10635 36th Avenue North Plymouth, Minnesota 55441
Dick Stensrud •
uv, e J J e ex -%
Administration
Judith Maethner Ron Main
546-3266
• Merle Solie
p 3�
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,� I cera NOV 3 91
PAUL D. WELLSTONE
MINNESOTA
'United $tatcs senate
WASHINGTON, DC 20510-2303
October 23, 1991
The Honorable Rim Bergman
Mayor, City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mayor Bergman:
I have received a response from Mr. William Lally with the United
States Postal Service. A copy of that letter is enclosed.
Mr. Lally states in his letter that on October 9, 1991 you met
with Mr. William Brown, the Twin Cities Division General Manager
to discuss the naming of the postal facility in Plymouth. Mr.
Brown reported that it was agreed that the name "Plymouth" will
appear on the building but will not be the name of the facility.
I hope you are pleased with the agency's decisions and that the
involvement of my staff in this issue aided in its resolution.
If I can be of any assistance in the future do not hesitate to
contact me.
Si64erely,
PaDavid Wellstone
United States Senator
PDW:eab
Enclosure
"- QB '9A
4•
1 -�Oox,
UNITED STATES POSTAL SERVICE
475 L'ENFANT PLAZA SW
WASHINGTON DC 20260-3500
- GOVERNMENT RELATIONS DEPARTMENT
October 18, 1991
Honorable Paul Wellstone
United States Senate
Washington, D.C. 20510-2302
Dear Senator Wellstone:
This is in response to your September 30 letter on behalf
of Plymouth Mayor Kim Bergman, regarding the naming of
the proposed Medicine Lake facility.
Twin Cities Division General Manager/Postmaster William Brown
met with Mayor Bergman, City Manager James Willis, and
Assistant City Manager Frank Boyles on October 9 to discuss
the naming of this facility. Mr. Brown reports that all
parties have agreed that the name "Plymouth" will appear on
the building as its address but will not be the name of the
facility. The City and the Postal Service have agreed that
the City will obtain a list of names to replace "Medicine
Lake" from the Plymouth Historical Society and that this list
will be used for further discussion. Mr. Brown expects that
an agreement will be reached on the basis of this list in the
near future.
You may be assured that the Mayor's concerns will be
thoughtfully considered. If I may be of further assistance,
please let me know.
Sincerely,
v .
William R. Lally
Representative
Office of Government Liaison
0111 Nov 3 '94
PCITVF
November 4, 1991 PLYMOUTR
John Rajkowski
Coordinator
Business - Education Partnership
10550 Wayzata Boulevard
Minnetonka, MN 55343
Dear John:
Thank you for the invitation to participate in the 10th Annual
TwinWest Chamber of Commerce Career Exploration Day on Tuesday,
February 24. Plymouth would like to be a host for students who
might be interested in municipal government work. Each city
department has agreed to participate in the program so that six
students who are interested in local government as a career can
participate.
The city departments participating and the contact persons for
each are:
1. Finance and Assessing - Dale Hahn, Finance Director,
550-5101
2. Administration - Frank Boyles, Assistant City Manager,
550-5013
3. Community Development - Planning and Building
Inspection - Chuck Dillerud, Director of Planning and
Community Development, 550-5054
4. Public Works - Engineering and Maintenance - Fred Moore,
Director of Public Works, 550-5080
5. Park and Recreation - Administration and Maintenance -
Eric Blank, Director of Park and Recreation, 550-5131
6. Public Safety - Dennis Paulson, Police Lieutenant,
550-5170.
ciM Nov 8 '91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
John Rajkowski
November 4, 1991
Page 2
If the students either live in Plymouth, or can get to downtown
Wayzata, Ridgedale, or Golden Valley Civic Center, we can provide
transit using Plymouth Dial -A -Ride between 6 a.m. and 6 p.m.,
Monday through Friday. The cost for this service (in 1992) will
be $1.50 per trip with 24-hour notification, and $2.00 per trip
for same day requests. To arrange Dial -A -Ride service, the
students may call 559-5057.
Let me know if/ybu have any questions.
Fk&h oy eb
AssiatArft City Manager
FB:kec
cc: James G. Willis, City Manager
Dale Hahn, Finance Director
Eric Blank, Director of Park and Recreation
Dennis Paulson, Police Lieutenant
Fred Moore, Public Works Director
Chuck Dillerud, Director of Planning & Community Development
S.F. 1/27/92
CIM NOV 8 '91
4-aj JMWOO��
-ltN.cPorf�.�
c,A za,4 a �e
NOTE: This letter was accompanied
with a plastic wrap containing 8
pieces of separate advertising
materials from local businesses.
Q 1.�
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Buman
3011 `W Giur�e Lane
P�nwuth, Mx 55447
41,S.A.
CIM NOV 8 191
Plymouth Jaycees
c/o Randy and Char Stocker
14405 40th Place N.
Plymouth, MN 55446
SUBJECT: APPRECIATION FOR HELP AT SPECIAL COLLECTION
Dear Plymouth Jaycees:
I want to thank you for your help at the city's special recycling
collection. Your commitment to your community really shows when you
spend hours on a chilly Saturday helping your neighbors recycle
everything from bicycles to water heaters. Over 600 vehicles' went
through the collection site and with your help the participants were
able to drop off their materials without waiting or confusion. You
helped demonstrate a working partnership between city and citizens, one
I hope we can continue as we all work together to make Plymouth an even
better place to live.
Sincerely,
Kim M. Bergman
Mayor
KMB:kh
CIM Nov 8 '91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
JIM RAMSTAD
THIRD DISTRICT, MINNESOTA
JUDICIARY COMMITTEE
SMALL BUSINESS COMMITTEE
SELECT COMMITTEE ON
NARCOTICS ABUSE AND CONTROL
DISABILITIES TASK FORCE
COCHAIRMAN
October 28, 1991
Congrta of tbt 'Qlallnitrb otaug
gouge of Rquantatibet
Na bington, 30C 20515
Mr. James Willis
City Manager
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Jim:
WASHINGTON OFFICE
504 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
(202) 225-2871
DISTRICT OFFICE
8120 PENN AVENUE SOUTH, *152
BLOOMINGTON, MN 55431
(812) 881-4800
Knowing of your strong concerns about H.R. 2946, the "Police
Officers' Bill of Rights Act of 1991," I thought you would appreciate
an update.
The House Judiciary Committee did not attach H.R. 2496 to the House
crime bill, which the full House passed on October 22, 1991.
Instead, the Committee passed an amendment which calls for the
Attorney General to conduct a study of police officers' rights.
Although I have been a supporter of H.R. 2496, I voted for this
amendment, which I believe is the prudent way to deal with this
issue.
I share your concern that no hearings were held on this important
issue. In fact, the House majority refused to hold any formal
hearings on either the President's crime bill or it's own measure.
Thus, I am pleased that the chairman of the Crime Subcommittee has
indicated he will conduct hearings on this issue next year. This,
combined with the results of the Attorney General's study, should
provide Congress with an objective analysis of this legislation.
Again, T thank you for your valuable input on this issue. P1
me know whenever I can be of assistance. / ._
i
S cerely,
4.
JI STAD
Me er of Congress
JR:ct '
I/
IPINT D ON REq"
41
.T, Y/it
y . rel
Nov 4 1991
Clli`IJrN �
Gw Nov g '91
Eric Plant--
Director
lant-:Director Of l=arks And Recreation
Citv Of Plymouth
City Center
3400 Plymouth Blvd.
Plymouth. Minnesota 55447
November 4. 1991
Re: Parker's Lake Plavfield
Dear Mr. blank:
Edwin A Suf ka
1850 Ithaca Lane
Plvmouth. Minnesota 55447
REFERRAL TO
CITY M•AHAGER
CITY C06%V-.L •--
`FJ9lir, WGRK N c�tR-•) I
�,.r�� �, ....
10 R
FARK
.CITY
is►►.Q - I
-9l
I was ouite surprised to see that the site plan for the above
proiect shows that the old workhouse farm silos will be retained
as a permanent part of the plavfield. You indicated that this
was due for the most part to their historic sionificance. I
could understand this aro_ument if the wonderful old barn was
still attached.
As thev now stand. the silos present a very unpleasant eyesore,
and I cannot imagine a coat of paint chanoino this. Will their
existence serve any useful purpose? Every red-blooded Plymouth
bov between the apes of seven and fifteen will probably assume
that thev have been retained as a personal challetnce to be
climbed and conouered. One can only imagine the number and size
of oer=_.onal injury claims Just waitin.o out there to be filed
acainst the City. The most likely use for this unsightly
structure will orobablv be the official location for Plvmouth's
first ora+fit i board. I can see it now: "Wayzata - Class of
9". Better keen lots of paint on hand.
I sincerely hope that the Department of Parks and
review their decision and determine that it
interests of the City and its residents that
demolished.
Very truly you�r7s.
Edwin A. Suf ka
Recreation will
is in the best
these silos be
cim NOV 8 '91
JUDY TRAUB
Senate District 45
Room 235 Capitol
St. Paul. MN 55155
(612) 297-8064
Neil Peterson, Chairman
Municipal Legislative Commission
1500 Northland Plaza
3800 W. 80th Street
Bloomington, MN 55431
Dear Mayor Peterson,
Senate
State of Minnesota
November 7, 1991
Thank you for the invitation to attend the MLC breakfast
meeting on November 21.
Unfortunately, I am already committed to attend a conference
out-of-town on health care cost containment.
I am, of course, interested in continuing our work on
property tax reform. Because I feel the Commission also does
such a good job of representing the other interests of suburban
cities, I doubly regret being unable to participate in your
discussions.
I hope you will pass along to Robert Renner or another
member of his staff my willingness to discuss the MLC agenda for
the 1992 session.
Again, thank you for inviting me to attend and please accept
my regrets.
ly,
State Senator, District 45
cc: James Miller, Minnetonka
James Willis, Plymouth
P.S. Congratulations on your re-election.
CIM 08 '01
COMMITTEES: Education. Vice Chair • Health and Human Services • Local Government
PnnirJ uii
Re— Iiii•.lPalk•, 0 Economic Development and Housing
x
LAW OFFICE
LAWRENCE P. MAROFSKY
BOULEVARD PLAZA OFFICE SUITES
7022 BROOKLYN BOULEVARD
MINNEAPOLIS, MINNESOTA 55429
FAR: 612-566-4672
612-666-4670
November 4, 1991
Ceil Strauss
Area Hydrologist
Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Re: Northwest Boulevard / Schmidt Lake Road
Plymouth City Project #011 and #106
DNR Permit Application #91-6185
Dear Ms. Strauss:
This office represents Vern Reynolds Construction Company,
Inc. We recently received a copy of a letter sent to you dated
October 14, 1991 from three citizens in the City of Plymouth with
respect to the proposed alignment of Northwest Boulevard.
Although we have previously written to you with respect to
this proposal, I do believe that certain comments with respect to
the letter of October 14, 1991 need to be made.
The citizens indicate in the second paragraph on page one
that the City is attempting to utilize a "crystal ball" to the
future development of this area. If development enters into your
analysis, you must be aware of the current development in this
area. My client, which owns the property on the Northwest
segment of the area, has already platted Bass Lake Terrace and
dedicated to the City of Plymouth, Northwest Boulevard. This was
all pursuant to the preliminary plat approved on August 6, 1990.
My client currently has in process an application for a final
plat for the balance of 81 lots as a replatting of outlots in
Bass Lake Highlands. The proposed current plat is identical with
the preliminary plat as to layout of roads, streets, and lots.
This is not a "crystal ball" project. My client has already
sold approximately one dozen homes in the first Addition, and has
invested in excess of $300,000.00 in improvements to both par-
cels. My client is continuing to develop the second phase with
the construction of roads, storm sewer, city water, gutters,
electricity, underground gas and cable television. These items
are real.
-1- GIM Nov 8 '91
If the DNR must balance individual residential questions, it
cannot ignore individual residents who will be living in Bass
Lake Terrace. My client purchased the land when the plan for
Northwest Boulevard was shown on the Thoroughfare Guide Plan,
anticipating the need for such a road, and anticipating the
construction for such a road. Now, the residents who built their
homes knowing that Northwest Boulevard would be built and the
approximate proximity to the street from their homes which was
planned, now propose to put Northwest Boulevard through the heart
of my client's property.
Had my client known that Northwest Boulevard would come
through its property, the price it paid would have been substan-
tially altered. Not only that, but of course all of its plans
and money that it has spent to date would have been changed and
readjusted based upon the plan for a different alignment of
Northwest Boulevard.
However, the current residents of the area relied on the
plan for Northwest Boulevard as much as Vern Reynolds
Construction Company, Inc. relied on the plans for Northwest
Boulevard.
The residents suggest that future homesites should plan for
and mitigate the increased noise by berming, landscaping, and
noise barriers. Insofar as the residents who are complaining
were aware of the likelihood that Northwest Boulevard would come
along the current proposed tract, it seems that they should be
the ones who could have, and should have, mitigated, or otherwise
established, barriers with respect to Northwest Boulevard. It
appears that they are attempting to shift the responsibility,
cost, and effect onto other persons.
For all of their nice language, and for all of their extre-
mely hard work, it truly appears that the letter of October 14,
1991, merely says "not in my back yard". Normally, the DNR does
not become involved with NIMBY issues. In this case, it is being
forced into reviewing this because, in an attempt to eliminate it
from the residential back yards, the people have raised environ-
mental concerns. .If the environmental concerns are present, I
urge you to address them. If, however, the environmental con-
cerns are being raised as a mask to shroud the citizens who are
merely desirous to increase the value of their property and
shift the burden onto somebody else, I urge you to reject it.
It appears that the DNR must decide two issues; 1) Will a
major thoroughfare be built which will cross DNR protected
wetlands, either Route AD or Route AE? and 2) If such a road is
to be built, what is its, future alignment?
As to the first issue, that is an issue which the DNR must
review from a purely environmental point. However, from a per-
-2- cm %UJ 6 `91
sonal point of view, I do believe the City of Plymouth needs to
have the road built because of traffic on I-494 and requirements
of the Metropolitan Council and well as other regional planning
agencies. It is indeed a shame that the original plan was deve-
loped at a time when sensitivity to environmental issues was not
as strong, and at a time when housing was not yet built.
However, the plan was developed 20 plus years ago, and housing
has been constructed in such a way that prohibits construction of
a road that would not encroach into sensitive environmental
areas.
As long as a road must be built, it should be built in an
area which will do the least environmental damage. The AD align-
ment, will, according to Strgar Roscoe Fausch, and most of the
other data, cause the least amount of environmental damage.
Yours truly,
LAWRENCE P. MAROFSKY LAW OFFICE
Lawrence P. Marofsky
LPM:bb
cc: V. Reynolds
-3- cim N0W 5 1
91
F3
_ lr
CITY OF
November 6, 1991 PUMOUTR
Mary Davidson
1870 Glacier Lane
Plymouth, MN 55447
Dear Mr. Davidson:
Thank you for your letter requesting the addition of horseshoe courts and
bocce ball facilities at the Parkers Lake Playfield. Your letter is being
forwarded to the Park and Recreation Advisory Commission and the City Council.
At the present time, I cannot say if these facilities will be added to the
park, but I can assure you that your request will be considered.
Thank you again for your interest in recreation facilities for the citzens of
Plymouth. If I can be of any further assistance, please feel free to contact
me at 550-5131.
Sincerely,
.J
Eric J. Blank
Director of Parks and Recreation
EJB/np
cc: `City Manager
Park Commission
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
0A 0 8
X91
13
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cim 0 B "I