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Council Information Memorandum 08-16-1991
CIN OF PLYMOUfFF CITY COUNCIL INFORMATIONAL MEMORANDUM August 16, 1991 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR AUGUST: AUGUST 19 5:00 P.M. COUNCIL STUDY SESSION City Council Conf. Room The Council will meet with the Public Safety Building Committee to review the design/development drawings of the proposed public safety building. Polson Architects will make a presentation to the full Council at the 7:00 p.m. Council meeting. It is anticipated that the Council will approve the design/development phase of the project that evening and authorize the architects to proceed with the preparation of final plans and specifications. 6:30 P.M. PLYMOUTH FORUM City Council Chambers Maryann McCoy of Ethical Practices Board has been contacted to discuss implementation of the Elections and Ethics Reform Act of 1991. Please bring the materials we provided you previously on this topic. 7:00 P.M. REGULAR COUNCIL MEETING City Council Chambers 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 2 2. HRA -- The HRA meeting scheduled for August 22 has been cancelled. The HRA will meet on Thursday, September 5 at 6:30 p.m. to review the draft Comprehensive Housing Affordability Strategy and to accept citizen input at a scheduled public informational meeting. 3. TWINWEST CHAFER "EXPO 91" - Wednesday, September 4, 2:00 - 7:00 p.m. The TwinWest Chamber will hold their annual Expo at the Sheraton Park Place Hotel in St. Louis Park. TwinWest Chamber businesses and municipalities will have booths at the expo. Frank Boyles is serving as Chair of the Expo 91 Committee. Attached is a flyer on the Expo. Admission to the Expo and seminars is free. (M-3) 4. MEETING CALENDARS -- City Center and Council calendars for August and September are attached. (M-4) FOR YOUR INFORMATION..... 1. UPDATE ON MAIL BALLOT REFERENDUM -- Ballot materials for the mail ballot election scheduled for September 3, were required by law to be mailed to registered voters on August 14-16. A total of 34,007 mail ballot envelopes were delivered to the post office on August 14. An additional 117 ballot envelopes were mailed on August 15. The second mailing was mailed to individuals who registered on the last five days before the registration cutoff of August 13. This brings the total number of ballots mailed to registered voters to 34,124. A crew of 18 election judges worked 371 hours from August 6-9 to complete the precinct marking, stuffing, and labeling for this mailing. They did an excellent job. Postage was placed on each envelope by a staff member. The outgoing mailing was sent first-class presort resulting in a 25v per envelope cost. We have received approval from the Post Office for Business Reply Mail return postage. They have indicated that the City will be charged 31G for each ballot envelope returned. This is a better cost option than placing 29� on all ballot envelopes. With the Business Reply Mail option, the City will only pay for those pieces returned, and will not pay return postage for nondeliverable ballots or ballots not returned. During the weeks of August 19 and August 26, staff members and two election judges will date stamp and log in ballots received at the City Center. Ballots will be stored in a locked room at the City Center which has been CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 3 rekeyed for the purpose of ballot security. Laurie Rauenhorst and Judy McMillin are the only key holders, and the only individuals allowed in the room will be election staff people and election judges. If we receive requests from individuals to view the log of ballots received, the log will be removed from the room and a staff member will witness the individual viewing the log. Because of the work involved with the daily updating of the log, it will only be available during limited times of the day. Initially, we will try to accommodate all requests; however, it may become necessary to limit access to a couple of hours each day. The ballots will remain locked in the room until September 3. At 7:00 a.m. the ballots will be given to election judges for processing by precinct including accepting or rejecting each ballot return envelope, updating the voting record, and removing the accepted ballot secrecy envelopes from their outer envelope and relocking in a ballot box. This process will be done by two election judges of different political parties as required by law. The ballots will again remained locked until 8:00 p.m. At 8:00 p.m. the election judges will begin opening the ballot secrecy envelopes and counting the ballots as specified by law. The results will be shown on Channel 37 as they become available. We will also announce results using voice mail. To obtain results beginning at 9 p.m. election night, dial 550-5063. If Councilmembers have questions on this process, or receive questions from residents, please direct them to Laurie at 550-5014. 2. NORTHWEST BOULEVARD LANDSCAPING MEETING -- Monday evening we had a meeting here at the City Center regarding a proposed landscaping plan for those properties abutting the AE alignment for Northwest Boulevard. This meeting was held at the request of the City Council in order that the homeowners might have an opportunity to make suggestions for modifications/improvements to the draft landscaping plan which had been prepared earlier. Most of the ten property owners invited were able to attend, along with a couple of other interested neighbors. Councilmembers Helliwell and Vasiliou also were in attendance. Attached is a list of those who did participate in the meeting. The residents indicated that they first and foremost desired to have a fence, preferably eight feet in height, CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 4 of a design essentially similar to that which abuts the Heritage Ridge plat adjacent to Northwest Boulevard. They thought a fence of this nature would cost between $22 to $23 per foot, plus approximately $400 for the brick columns which are spaced about 60 feet apart. Landscaping elements would be located on the westerly side of the fence abutting County Road 61. The elements would be a mixture of trees, ornamental shrubs, and other planting materials to be clustered similar to that found at Heritage Ridge. Our consultant will be designing a plan which carries forth these thoughts, along with a cost estimate. We have agreed to meet with the neighbors once that plan has been drafted in order that they can react to it prior to it being submitted to the City Council. I have indicated to them that it would likely be mid-September before the matter would be again scheduled for the City Council. (I-2) 3. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT CAPITAL IMPROVEMENT PROGRAM -- The Park District has recently adopted its Capital Improvement Program for the periods 1992-93, 1994-95, and beyond. A major component in their capital improvement planning is the North Hennepin Regional Trail. This trail, when completed, will provide a loop between Theodore Wirth Park in Minneapolis through the French Regional Park here in Plymouth, then northerly through Maple Grove and Brooklyn Park to the Coon Rapids Dam. In 1992-93 the District contemplates $2,105,000 for this project. During 1994-95 the District contemplates the completion of the project estimated at a cost of $4,335,750. If this project proceeds, it will involve Plymouth. The link from French Park to Theodore Wirth Park will go down East Medicine Lake Drive. We contemplate this project would be coordinated with the City's improvement project to improve a portion of East Medicine Lake Drive between 36th Avenue and 26th Avenue. Another aspect of the project, involves the extension of the trail northerly toward Maple Grove. One segment of this trail, the right-of-way which has been acquired by the District, goes along the east side of I-494 and contemplates crossing under the freeway at Schmidt Lake Road. We will need to work with the District to accomplish this access across the freeway. 4. HENNEPIN COUNTY SOLID WASTE TRANSFER FACILITY -- I spoke with Janet Leick, Director of Environmental Management, regarding the County's continued consideration of the possible change in the plans for the proposed transfer facility in Plymouth. CITY COUNCIL INFORMATION MgMORANDUM August 16, 1991 Page 5 Ms. Leick informed me that the County staff is now exploring changes in the proposed Plymouth facility which would eliminate entirely the transfer function. That would leave a building which would essentially be a recycling and household hazardous waste facility. From a functional point, it would resemble the westerly half of the Brooklyn Park facility which we have previously visited. From a design standpoint, the facility would have to be entirely reconfigured. Ms. Leick indicated that she would send us further information on this as plans are developed and shared with the County Board members. 5. PUBLIC WORKS BUILDING EXPANSION -- A report from Fred Moore is attached on the removal of the underground oil storage tank at the Public Works site. Some soil contamination around the tank has occurred, due to a fitting on a pipe leading to the tank which was leaking. (I-5) 6. HENNEPIN COUNTY ADULT CORRECTIONS FACILITY -- Attached is a memo to Mayor Bergman in response to his inquiry on how the city is able to regulate the Adult Corrections Facility. (I-6) 7. PLYMOUTH TRANSIT EFFORTS -- Plymouth's efforts to promote public transit for residents and City employers is intensifying. The following transit -related efforts are underway: - The City's 1992 application for Regional Transit Board funding will be submitted by the end of August. - The City's Travel Demand Management Program involving the City's 18 largest employers is well underway. Seventeen of 18 employers have completed the employee surveys and returned them. Responses were received from 55 percent of the employees of these companies. The information from the surveys is being entered into computers by Minnesota Rideshare in order that reports can be generated to identify what steps the City and Plymouth based employers might take to make transit more accessible. This survey will also reveal important information to help Plymouth Metrolink and Plymouth Dial -a -Ride better serve our employers. and their employees. Frank Boyles made a presentation to the Regional Transit Board's Local Government Officials Advisory Committee meeting on August 14 on this subject. - The Plymouth based firm, Empros has arranged through Plymouth Dial -a -Ride to have 16 employees shuttled to and from work daily from September through December. CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 6 This work will be accomplished using a Metrolink vehicle which would otherwise be idle. - Arrangements have been made through Plymouth Dial -a - Ride to supply rides to Plymouth children between their homes in Plymouth and Holy Name School on a daily basis. Through this arrangement, an additional 27 rides each morning and evening will be supplied. Rides will be prepaid so that the revenue will be guaranteed against cancellation. National School Bus Company advises that based upon their analysis of this additional service, there will not be a negative impact on existing passengers. - A meeting with Mike Erlichmann, Chair of the Regional Transit Board, is scheduled for Tuesday, August 20, at 8:00 a.m. at the Regional Transit Board. This meeting was requested by Mr. Erlichmann to discuss the concerns of Opt Out communities. Frank Boyles will attend this meeting. Councilmembers are also welcome to attend as well. In the alternative, councilmembers may wish to convey their concerns to Frank prior to this meeting so he can share them with Mr. Erlichmann. 8. JEROME BEGIN CONTRACTING COMPANY VS. CITY OF PLYMOUTH -- Attached is a copy of the Findings of Fact and Conclusions of Law and Judgment in the matter of the City of Plymouth vs. Begin Contracting Company. This case had to do with requirements set forth in the Cottonwood Plaza Development Contract wherein the Begins' were responsible for constructing a retaining wall behind the shopping center. They failed to do so, and the City initiated legal action to compel them to fulfill their contractual obligations. Judge Danielson ruled in the City's favor finding that the Begins' are responsible for installation of the retaining wall as required by the agreement, and that the City is entitled to be reimbursed for its attorney's fees in the amount of $29,391.98. We are hopeful that the retaining wall will be installed promptly. (I-8) 9. SUBMISSION OF POLICY ISSUES FOR LMC AND AMM LEGISLATIVE COMMITTEES -- As the Council is aware, the City Council is represented on the following League of Minnesota Cities (LMC) and Association of Metropolitan Municipalities (AMM) Legislative Policy Committees: 1) Leaaue of Minnesota Cities - General Legislation and Personnel - Land Use, Energy, Environment, and Transportation - Revenue Sources 2) Association of Metropolitan Municipalities CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 7 - General Legislation - Transportation - Housing - Municipal Revenue - Solid Waste Each of these committees is beginning to formulate 1992 legislative policy positions. We have been asked by League and Association staff members for any suggestions we might have with respect to new or modified policy positions. I would appreciate it if the City Council would provide me with any recommendations you have with respect to the legislative policies which either the League or Association should consider or modify. For Council information, a copy of the 1991 League and Association policies are available in my office. 10. EAST MEDICINE LAKE BEACH WATER QUALITY TESTS -- I reported in my August 2 memorandum that the Hennepin County Environmental Health Department conducted water quality tests of the East Medicine Lake beach. According to their report, the fecal coliform count taken on July 22 exceeded the recommended water standards of not more than 200 organisms per 100 ml. of water. I inaccurately reported the original readings. Tests were taken at two depths on July 22. The results were 700 organisms per 100 ml. at about one and one-half foot and 2,400 organisms per 100 ml. at about three feet. On August 5, the Community Health worker, retested the water quality. Her tests show 140 organisms per 100 ml. at both depths. According to her tests, the source of these organisms is not human. Most likely suspects are domestic pets and geese (not fish). The East Beach is now closed for the season. I was advised by the County Health Department that they will make an effort to test the beach twice next year earlier in the season if at all possible. 11. DEVELOPMENT SIGNAGE -- On Friday, August 16, development signs were installed at the following locations: 1. Southwest corner of Medina_ Road and Countv Road 24 (91062). Hans Hagen Homes is proposing a Planned Unit Development Preliminary Plan/Plat for a 106.6 acre development for 91 single family lots, 6 commercial lost, and 1 industrial lot and Rezoning from the FRD (Future Restricted Development) District to a PUD with an underlying zoning of R-lA, B-1, and I-1. CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 8 2. Northeast corner of Highway 55 and Revere Lane (91064). Ryan Construction Company is requesting approval of a Conditional Use Permit, Final Plat and Site Plan for a Class II Restaurant (Arby's). 3. Northwest corner of County Road 9 and Vicksburg Lane (91072). Peppermint Fence Preschool is requesting approval of a Conditional Use Permit to use the Plymouth Evangelical Covenant Church for a preschool location while their permanent location in St. Philips Church is being constructed. All requests will be heard by the Planning Commission at their Wednesday, August 28 meeting. 12. RESULTS OF GOOSE REMOVAL PROGRAM -- Attached is a report along with statistical data on the fourth year of our goose relocation program. (I-12) 13. RECONSTRUCTION UPDATE -- The Street Reconstruction update was mailed to residents this week. A copy is attached. (I-13) 14. MINUTES• a. Planning Commission, July 24, 1991. (I -14a) b. Municipal Legislative Commission, Board of Directors, July 31, 1991. (I -14b) 15. DEPARTMENT REPORTS -- Police and Fire monthly activity reports for July are attached. (I-15) 16. CUSTOMER SERVICE LINE -- Documentation on calls received on the Customer Service Line is attached. (I-16) 17. CUSTOMER COUNTER COMMENT CARD -- Attached is a copy of a customer counter comment card concerning the issuance of a building permit for a deck. (I-17) 18. PLYMOUTH EMPLOYEES: a. Letter of appreciation from Mark Bernhardson on behalf of Association of Metropolitan Municipalities to Jackie Watson. (I-18) 19. CORRESPONDENCE: a. Letter from the Raskob Brothers Farm (2295 and 2562 Holy Name Drive) in Wayzata, petitioning the City to "adequately size" the sanitary sewer lines in Bridlewood and Churchill Farm Additions. (I -19a) CITY COUNCIL INFORMATION MEMORANDUM August 16, 1991 Page 9 b. Letter to Robert Dunn, Chair, Environmental Quality Board, from Mayor Bergman, pertaining to the alignment of Northwest Boulevard. (I -19b) C. Copy of letter to Dan Hannan, Pollution Control Specialist, Minnesota Pollution Control Agency, from Advance Machine Company, in response to complaint of "tar" materials found in Parker's Lake. (I -19c) d. Letter from Pamela Soderquist, Stuart Corporation, to Dick Carlquist regarding crimes at SummerPlace and Summer Creek Apartments. (I -19d) e. Letter of appreciation to Jay Naftzger for his oarticipatior and service on the Board of Zoning, Adjustments and Appeals. (I -19e) f. Letter from Randy Stocker, Plymouth Jaycees, thanking Mayor Bergman for his letter to Plymouth employees. (I -19f) g. Letter of invitation from Judith Anderson, Chair, Hennepin Park, to participate in the Hennepin Parks' Tour de Fs::--nch Bike Ride on Saturday, September 14. (I -19g) h. Letter from Patrick H. O'Connor, Director, Hennepin County Property Tax and Public Records, notifying the City that the Hennepin County Ways and Means Committee has recommended to the County Board a resolution which authorizes any eligible voter in the county to vote by absentee ballot without qualification. The Board will be considering the resolution on August 20. If approved by the County Board, this new provision would become effective immediately and will affect the municipal and school board elections held this fall. (I -19h) i. Letter to Maple Grove resident, from Dick Carlquist, concerning the conditional use permit for dog kennel for 16910 County Road 47. (I -19i) j. Letter from Peter Solinger, President, League of Minnesota Cities, in response to the Council's views on the League's dues structure. (I -19j) James G. Willis City Manager ,Of •(, , •• 1c 4J • 4- _ of� rIII•:- Cf of - o 00:-, G4 )•4 j • • c•e�I L 1c 4J • 4- C; C_ • • • )AI5 2:00-7:00 p.m. Sheraton Park Place Hotel TW1NWES-n CHAMBER OF COMMERCE i, GIM V " 16,0 ASG j,0 , 0 c Ce O r t C 4 t O� Cd C • C .M-01 t �C•C-- © 1. L 04- 40 a40 C . r. Wedn4 _ Sheraton Park Place Hotel IA -3 5555 Wayzata Boulevard, St. Louis Park* Admission for Expo '91 & Seminars is FREE! .7L.h� 2:00 Exhibits Open Office of the Future Showcase of 1A„� (Sponsored by General Office Products) �1 �i1 j" Transportation of the Future ,.fid all or part Showcase of the events. 2:00 Seminar I How Professionals Can Help Support Themselves in a Down Economy 3:00 Seminar II No More Unpaid Consulting (Real estate credit pending) 4:00 Seminar III Who, What, Why and When: An Economic Overview (Approved for real estate credit) 5-7:00 TwinWest Overtime (Hors d'oeuvres and cash bar.) 7:00 Exhibits Close *The Sheraton Park Place Hotel is located at the southwess t *rsection of Highway 100 and I-394. „p r centuries, writers have commented on the human !$$j ...' characteristics of optimism and pessimism. Until recently, these observations have been the preserve of comedians, philosophers and ministers, but now a line ;elves in of new research in the mental health field suggests that A Times optimism and pessimism are not simply quirks of personality. They are related not only to emotional 2:00 p.m. wellbeing and to mental health but possibly through the immune system to physical health and longevity, as well. Participants in this seminar receive information GIM Ali X6'91 regarding these recent findings of medical science, as i k%3 well as have the opportunity to apply them to their personal and professional lives. The seminar pays particular attention to the application of these new findings to the stressors inherent in a business work environment in a down economy. CIM AW 16'9 1 Bob Donnelly, MSW, CCDP, clinical social worker, Park Nicollet Medical (� 0 r -76 Center is well known in his field of ; mental health and currently works for 0 the SHAPE program at Park Nicollet. Cc His presentation will help you 0 t 1 �, determine how to best alleviate stress in C4 your life, especially as it relates to the current economic 0� G4 condition �� Are you selling With old techniques? Face it: No More has changed in the last 30 years. conventional selling not VQICi have heard it all before. And, they've Your customers 9 stopped listening. We were all taught the same things: ;' 3W. P.M- Be aggressive! Show enthusiasm! Make polished cards and literature! "�,, presentations! Pass out business objections'. Fight for the order! They're not Overcome bad strategies, just old strategies. Learn How to: • Qualify and disqualify early. • Be more in control of the selling situation. • Sell without pressure. • Identify misdirected strategies that are costing you sales. • Make the selling process faster. • Give presentations that people buy. This seminar is a continuation of Terry's standing room 90, Sales Breakthrough. If you only seminar at Expo attended last year you won't want to miss this seminar. If not, attend this seminar and pick up some unique Coe 'A ideas. 'Terry Slattery is president of Terry M. Slattery & Associates, a firm which (� 0 specializes in sales and sales 0 - R management consulting. He is C dedicated to increasing the effectiveness of sales people and businesses, and aims to provide smaller businesses access to ...��. the same training techniques that are provided to very large clients. CIM AW 16'9 1 1A -3 Paul Crawford, founder, Crawford �\ Capital Corporation has raised venture funds for over 25 new companies. Crawford Capital Corporation manages venture funds for securities marketing and are also licensed stock brokers. Who, .T990's will be very challenging for real estate and What, "y ether professionals both individually and r professionally as it relates to financial stability. Learn Qf1d Showcases Office of the Future — Stop by the Office of the Future from this panel of experts how events that have An is occurred during the last year (Persian Gulf War, the Averview S&L scandal, the liberalization of Europe, etc.) will } the year 2000. The showcase will highlight future 4:00 p.m. affect the 90's. They will speculate on the future and A � answer some of the following questions. What factors 4 / really went into creating the current market conditions? Cd Is the real estate industry, banking industry, neither or 0 t both responsible? Where is the Federal Reserve Board cd going with interest rates and are interest rates even an 0 issue if banks aren't lending? Who' really defining the 4 k rules for lending? �* C_ • �y •a% tai ' Tronsportation of the Future — Exhibits by the Harvey Becker, Senior Vice President Lending, Marquette Bank New Hope has twenty-seven years in the banking industry, five of which were spent in Department of Transportation, Metropolitan Transit commercial lending. Commission, and the Regional Transit Board will give Paul Crawford, founder, Crawford �\ Capital Corporation has raised venture funds for over 25 new companies. Crawford Capital Corporation manages venture funds for securities marketing and are also licensed stock brokers. �iM p1J� i Showcases Office of the Future — Stop by the Office of the Future 2:00:00p.nl. Showcase and see what your office might look like in } the year 2000. The showcase will highlight future L' '`– A � trends in office furniture, carpeting, supplies, fax machines, microcomputers, paper copiers, telecommunication devices and electronic media filing © C, and retrieval systems. (Sponsored by General Office Products) ' Tronsportation of the Future — Exhibits by the Metropolitan Airports Commission, Minnesota Department of Transportation, Metropolitan Transit Commission, and the Regional Transit Board will give you the very latest information regarding transportation in the Twin Cities area. �iM p1J� i )A%63 Join us for a fabulous Overtime event hosted by the Sheraton Park Place Hotel between 5:00 and If you would like more information on Expo '91 or to reserve your Expo'91 exhibit, call 540-0234. 5, `(J.11'1• 7:00 p.m. As always, the admission is your business card. While you are there, view exhibits of some of the hottest developments and small business ventures in the Twin Cities and find out which businesses �- can provide you with the products and services C 4 you need. O f� Cd Exhibitors Accountemps C • (;y d;' Braun Intertec Corporation Caliber Development Corporation — - -- t Copeland Buhl & Company City of Crystal Jerry Deiley, LPA Featherlite Exhibits General Office Products Glenhaven Frames City of Golden Valley City of Hopkins Brian A. Liesch Associates MEPC American Properties Metro Paving, Inc. Metropolitan Airport Commission Metropolitan Transit Commission Minnesota Dept. of Transportation City of Minnetonka City of New Hope Opus Corporation Peak Staffing Plus Video Productions City of Plymouth Radisson Hotel Recycled Computer Products (laser cartridges) Regional Transit Board Ryan Construction Scanticon Hotel & Conference Center Showcase Landscaping City of St. Louis Park Sun Control Technology Exchange, Inc. g Total Displays C •_. TwinWest Chamber of Commerce Q C U.S. West Direct -- -- Vision Leaming Center L Q a , _ and more! ©4: ®� TwinWest's Expo '91 is coordinated by the Chamber's C 1 ( Economic Development Committee. The TwinWest L Chamber of Commerce is the state's third largest local 0 t chamber of commerce serving more than 1,250 members in the communities of Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth and St. Louis Park. If you would like more information on Expo '91 or to reserve your Expo'91 exhibit, call 540-0234. COUNCIL CALENDAR: AUGUST 19 - SEPT. 1 August -September 1991 August 19 ,< MONDAY j August 26 5:00pm COUNCIL STUDY SESSION 7:00pm CHARTER COMMISSION (City Council 6:30pm PLYMOUTH FORUM Invited) 7:00prn REG. COUNCIL MEETING August 20I TUESDAY: August 27 Council Candidate Filings Open August 21 wtUNtbV!A August 28 7:00pm PLANNING COMMISSION August 22 ITHURSDAYI August 29 If August 23 1FRIDAY August 30 August 24 [SATURDAY;j August 31 Customer Counter Open for Absentee Voting 1 -3 PM August 25 [<<.�uNwAY September 1 ...y.. M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AUG30 �1 6'9' d 8/16/1991 A COUNCIL CALENDAR: SEPTEMBER 2 - 15 September 1991 September 2 MONDAY September 9 LABOR DAY - CITY OFFICES CLOSED Customer Counter Open 5-7 PM Absentee Voting September 3 TUESDAY : September 10 If SPECIAL MAIL BALLOT ELECTION Council Candidate Filings Close 7:00pm BOARD OF ZONING 7:00pm Private Street Task Force September 4 IWEDNESDAY September 11 2:00pm **TwinWest Chamber EXPO 91 - Sheraton Park Place 6:45pm PLAN. FORUM 7:00pm PLANNING COMMISSION 7:00pm''SPECIAL COUNCIL MEETING September 5 THURSDAY I September 12 6:30pm **HRA PUBLIC INFORMATION MTG 7:00pm PRAC September 6 FRIDAY September 13 September 7 LZATURDAY—i September 14 September 8 SUNDAY September 15 September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 *Revised Meeting/Event **New Meeting/Event uciooer M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 '9W— AU6-1.6'9; 8/16/1991 �A!q COUNCIL CALENDAR: SEPTEMBER 16-29 September 1991 September 16 6:322m PLYMOUTH FORUM 7: in REG. COUNCIL MEETIN("s .'MONDAY I 7:00pm CHARTER COMMISSION September 23 September 17 TUESDAY September 24 September 18 1WEDNESg6M 7:00pm PLANNING COMMISSION September 25 September 19 ITHURSDAYI September 26 September 20 FRIDAY September 27 September 21 SATU DAY.,. -.j September 28 September 22 SUNDAY j September 29 September M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 M T Uctoner W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AI G �f 6'91 HU 1 7 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event 8/16/1991 a C a a v a C a u a C v a w U' a c v F+y u c u 3 e C u u U� co � ^ � N U pN M N N CD '���'� a E 3 V N r CL C7 O ^ N yea ^Go Lo�l�' oar s0> M r N � U co Ch 0 N 0) r N C9 A > .� �i en LA N CA r `D CD r N N z z Z o Q o w z29 LM< 4 vV'i a -. lz C6 g6 Q g 0 T- �ab(�ja o� n N N� N CO N ., dp i�09 d z� >(� gA 4 oo zz x H 0 U a `zP O LLl U `� m E 2 _$ `• C) > to Cy�'ca p o COgU�° N � r r CD r LA N � ^ � N U pN M N N CD '���'� a E 3 V N r CL C7 O ^ N N Of t0 N O ^Go Lo�l�' 0 0 I y oG QM AUG lb ,�4 M ..Lk I, �o 00 IDN AUG 1-6 N LL N N 3 pco N Of - C-3 M m b Of N r A N 00 N CO NN cn t°rRN z � o H x � F "'azo Ng as co N W zz LL N Of t0 O �{ z .z 2 Z NN mbNN `wUz o»zP Qin as a� a �3 _ r•'"N� a° � c.�a� gU rOgOOD LOgO U)NOftD N t� NV r O o JJQ A o Vco WJU oma z w cane og � N E- r t- t- � c7 r N C be ° pG �o e n.tD W a U w M 0 .g U M C 0 oO N O) r �° '' N to N a) r m r N N I, �o 00 IDN AUG 1-6 =-Sp 'Twull CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 16, 1991 TO: James G. Willis, City Manager FROM: Fred G. Moore; Director of Public Works SUBJECT: PUBLIC WORKS BUILDING EXPANSION CITY PROJECT NO. 009 Last week the contractor working on the Public Works Building Expansion began excavation for the new office area at the south end of the existing building. In preparation for this work, approximately 40 feet of the existing building had been removed. Within the area which needs to be excavated for the new building is the underground oil storage tank which is used by the mechanics at the garage and also available for citizens to recycle used motor oil. It was necessary to remove the tank as part of the excavation. In preparing the plans, it was expected that there would be some soil contamination around the tank. The contamination resulted from spillage as citizens poured oil into the container which accesses the tank. The area contaminated was expected to be approximately 50 feet in size to a depth of two or three feet. When the oil tank was removed, a much larger area of contamination was discovered. Although the oil tank was sound and not leaking, there was a fitting on the pipe leading to the tank which was leaking. Approximately 50 to 70 yards of contaminated soil had to be removed. The soil testing firm, GME, has done the required tests on material removed and has been working with the Minnesota Pollution Control Agency (MPCA) on the required disposal of the material. They have also made tests and have determined that all of the contaminated soil has been removed. In accordance with directions from MPCA, currently the material is being stored on part of the asphalt parking area and has been covered with plastic to keep it dry. Samples of the material have been submitted for final testing which will determine the required disposal method. Tentatively, it appears that the contamination from used oil is at a low enough level that the material can be incorporated within the top few inches of the outside storage area northerly of the expanded building. This will allow the sunlight and air to decompose the contaminated soil. We will be incurring additional costs for the removal and disposal of the material, but the final amount cannot be determined until after the laboratory tests are completed and the disposal method is determined. FGM:kh attachment " AUG 16'y) CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 15, 1991 TO: Mayor Kim M. Bergman FROM: James G. Willis, City Manager SUBJECT: HENNEPIN COUNTY ADULT CORRECTIONS FACILITY You inquired regarding how the city is able to regulate the Adult Corrections Facility (HCF), and perhaps explore means by which additional regulation and/or oversight might be imposed. The Department of Corrections in the State of Minnesota is the primary body responsible for the licensing of correction facilities; that is, they establish the standards which enable the County to operate this facility. Their standards pretty much preempt the city's ability to deal with issues involving the size of internal spaces which are used to house persons in custody. The city's role deals particularly with those matters dealing with land use and the affect of that land use on the rest of the community. The City's Zoning Ordinance defines a correctional facility as follows: Corrections Facilities (adult) -- A facility which provides short-term incarcerative sanctions imposed by the court for commission of a gross misdemeanor or felony, and providing 24-hour per day lodging, food, care, and security (Ordinance 89-38) . The residence district portion of the Zoning Code provides that, "--- adult correction facilities in operation as of November 20, 1989, (amended Ordinance 89-38 and 90-09)." are a conditional use in each of the residential districts. That language applies specifically to the existing facility; such uses are not otherwise allowed in any residence district. GN ALK3 16'9) �-�W HENNEPIN COUNTY ADULT CORRECTIONS FACILITY August 15, 1991 Page 2 In the business districts portion of the Zoning Code, Section 8, Subdivision B, an adult correction facility is a conditional use in both the B-1 (office limited) and B-3 (service) zoning districts. In the industrial district portion of the Zoning Code (Section 8, Subdivision D2K) , an adult correction facility is a conditional use. An adult corrections facility is not a permitted use in any zoning classification. More specific guidelines for the review of conditional use permit applications for corrections facilities are contained in Section 9, Subdivision E of the code. This section deals predominately with the matter of the expanded geographic area to be noticed in the event of a conditional use permit application. The ACF has had an approved master plan for the facility since 1983. Most recently the plan was amended with the Council's approval of the relocation and expansion of the women's section on July 22. This master plan contemplates that the facility will not house more than 400 men, 68 women, and 125 persons within the work release section. In addition, the plan contemplates the retention of the existing men's facility, although it contemplates the development of a recreational/training structure to be located adjacent to it. See the attached graphic from the approved plan. Essentially the City's role in reviewing the ongoing evolution of the facility can best be regulated locally through control of parking, variances, lighting, amendments to the existing CUP, and the location and use of structures on the site. This latter matter provides an opportunity for the City Council to consider the issue of setbacks from adjacent land uses in the form of buffering. I trust this outline will give you some indication of the role the City plays in reviewing plans at the ACF and generally our scope of local review authority. Blair Tremere, Chuck Dillerud , and I would be glad to get together with you to discuss this matter further if you desire. JW:kec CIM AUG 1 COO 14 o� z Q J CL W N Q W H N a �i W Y 2 � � W Q T LLC Oz R z0 _Q Z� aolW s❑ a W zh z N Z � W U C W N N x� U h Qz Ui =a i� W ui cc bQ 93 O= Xo N2 J V)0 � O 0 W Uz z0 ¢9 O cc ac Pm AUG 1.6'94 AUG 09 `91 11:44 HOLMES ?: GRA'+!EH STATE OF MINNESOTA COUNTY OF HENNEPIN - - - --- - - - - - - -9 H j_f G .7 -PM x City of Plymouth, vs. Begin Contracting Company, a Minne- sota business entity; Jerome P. Begin, individually; Betty A. Begin, individually; and Norwest Bank Minneapolis, N.A., a National: Banking Association, Defendants. - - - - - - - - - - - -- - - - - - x P. _2 =_% DISTRICT COURT FOURTH JUDICIAL DISTRICT FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT No. 89-014145 This matter was originally set before the Court for trial. The parties stipulated to have this matter tried by the Court via written submissions. Pursuant to an Order of this Court dated April 22nd, 1991, the only remaining issues to be determined are the individual liability of Jerome Begin and Betty Begin, and the recovery of attorneys' fees. Plaintiff was represented by James M. Strommen, Esq. Defen- dants Jerome Begin, Betty Begin, and Begin Contracting Company were represented by S. Todd Rapp, Esq. No briefs were submitted on behalf of Norwest Bank. Based upon the arguments of counsel and upon all of the files, records and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. Begin Contracting Company is one and the same as Jerome P. Begin Contracting Company at all pertinent times herein. 2. Begin Contracting Company, through its agents, held it- self out to third parties as a corporation. 3. On or about October 15, 1987, Jerome Begin, Betty Begin FtM AUG 16'91 AUG 09 '91 11:4S H0DIES S< 1SRA'•:'EP9 2 - and Begin Contracting Company entered into a Site Improvement Per- formance Agreement ("Agreement") with the City of Plymouth ("City") 4. Jerome Begin and Betty Begin signed the Agreement both in their individual capacities as well as in their capacities as of- ficers of Begin Contracting Company. 5. Jerome Begin and Betty Begin acted in a manner consistent with their understanding of individual liability before, during and after execution of the Agreement. 6. Subsequent to the signing of the Agreement, the -•Begins and Begin Contracting Company breached their agreement with the City by failing to provide a certain retaining wall as was required by the Agreement. 7. The Agreement also provides that the city may recover its costs and attorneys' fees in any action against Begin Contracting Company, Jerome Begin and Betty Begin if the work required by the Agreement is not completed. 8. Through May 31, 1991, the City has reasonably incurred $29,391.98 in costs and attorneys' fees as a result of prosecuting this action. CONCLUSIONS OF LAW 1. Begin Contracting Company, Jerome Begin and Betty Begin, jointly and severally, are the developers under the Agreement, and are jointly and severally liable for the breach under the Agreement 2. The City has the right to recover damages, fees and costs from Begin Contracting Company, Jerome Begin and or Betty Begin. 3. The City is entitled to $29,391.98 for costs and attorneys' fees it has incurred through May 31, 1991. 4. The City has the right to petition the Court for award of Om AUG 16'94 AUGb09 '91 11:40 HOLMES & GRAVEH F.4 further costs, fees and expenses incurred in connection with this matter. ORDER FOR JUDGMENT LET JUDGMENT BE ENTERED ACCORDINGLY. Dated this day of August, 1991. BY THE COURT: Andrew W. Danielson, Judge of District Court CIM AUG 16'91 UNIVERSITY OF MINNESOTA Department of Fisheries and Wildlife College of Natural Resources Tuesday, August 6, 1991 Mr. Dick Carlquist Public Safety Director City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dick: -- %aaw 200 Hodson Hall, 1980 Folwell Ave. St. Paul, MN55108-1036 612-624-3600 Fax: 612-625-5299 MINNESOTA COOPERATIVE FISH AND WILDLIFE RESEARCH UNIT COOPERATORS: U.S. Fish and Wildlife Service Universin of Minnesota Mi—esom Deparnnenr of Natural Resources Wildlife Mawgemeni Insrirute We completed the Canada goose capture and translocation in the Metropolitan Area in mid-July. A total of 2,822 geese (1,144 adults and 1,683 young) were trapped at 56 sites and transported elsewhere. Oklahoma took 400 adults and Mississippi 744 for release on their wildlife areas. The goslings were transported to Minnesota sites, mostly in the north, and released. The crews trapped 95% of the geese they attempted to capture. In spite of the hot weather, mortality during capture and transport was very low (3 birds) and similar to previous years. The locations, dates, and number of geese captured in Plymouth were: Location Date Young Adults Total BASS LAKE ZACHARY LANE 6/20/91 54 17 71 MEDICINE LAKE 6/25/91 48 28 76 PARKERS LAKE 6/20/91 59 24 83 PRUDENTIAL INSURANCE 6/29/91 20 24 44 SCHMIDT LAKE 6/20/91 23 10 33 GLEASON LAKE -1 6/27/91 12 12 24 GLEASON LAKE -2 7/2/91 22 15 37 TOTAL Sincerely yours, Dr. lameNs A. Cooper Associate Professor and Wildlife Extension Specialist 238 130 368 C'm AW 16'9,1 =-%3 Update Reconstruction A bulletin from the City of Plymouth, August 13, 1991, Number 2 Street reconstruction is progressing in Districts 4, 11, and 7. Some preliminary work in District 3 may get underway later this fall. This Update recaps work that has been done and outlines work that you can expect to see during coming weeks in your area. This Update provides the best information we have available at this time. Weather and other conditions may affect the construction schedule. Areas of Work Districts 4 and 11: Area south of Co. Rd. 9, east of Zachary Lane, north of 36th Avenue and west of Quaker Lane. District 7: Area east of Co. Rd. 101, north of the Plymouth south municipal limits, and south of the Luce Line Trail, and west of Gleason Lake. District 3: Area east of Co. Rd. 73, north of the Plymouth south municipal limits, south of State Hwy. 55, and west of Hwy. 169. Upcoming Work Districts 4, 7, and 11: All storm sewer corrections should be completed by August 14. The bituminous base course on all streets within these districts, including the stretch from Ximines Lane and Revere Lane, south of Old Rockford Road, should be in place by August 16. The final layer of bituminous and boulevard restoration should be complete by August 30. District 3: Preparation of the final plans for the reconstruction of streets in District 3 are progressing. Because we are well into the construction season and plans for District 3 have yet to be finalized, full fledged street reconstruction will not begin until the spring of 1992. New watermain will be installed on Union Terrace between Saratoga Lane and Trenton Lane. Replacement of this section of watermain should rectify problems which have resulted in several watermain breaks during the last five years. Minnegasco will also be replacing gas mains and services within District 3 before the planned watermain replacement. Once final plans for District 3 have been completed, residents of District 3 will be invited to a meeting to review the plans and comment on the design. The meeting is tentatively scheduled for late September. Contractor The contractor for this project is C.S. McCrossan, Inc. The contractor is responsible for proper traffic control, signage, and overall project safety. GIM AUG 16'91 =-a Driveway Access Work of this magnitude is bound to cause some inconvenience. It is likely you may not be able to reach your driveway at various times throughout construction. If your driveway will be inaccessible, the contractor will notify you in advance. Funding The City plans to pay for 70% of the total street reconstruction project. The City's funding comes from property taxes levied city-wide. Benefiting property owners will be assessed the remaining 30%. Caution Because of construction activity and increased truck traffic, travel with caution. Please keep children away from the construction area. Heavy equipment will be operating in the area and crews will be working with hot bituminous at various times. Bituminous may be driven on within an hour after being laid. For your child's safety, please keep him/her from walking on it until after it has cooled (four to eight hours, depending on weather conditions). The City, Short Elliot Hendrickson, and the contractor will try to minimize the inconvenience during this project. We appreciate your cooperation to help make this a safe and successful project. For More Information if you have problems during construction, please contact: Todd Blank, Project Engineer - 490-2017 Dave Haugen, Resident Project Representative - 865-5255 Sue Mason, Project Manager Short Elliot Hendrickson, Inc. 490-2018 City Representatives Dan Campbell or Dan Faulkner City of Plymouth 550-5070 Stewart Krummen C.S. McCrossan, Inc. 425-4167 Thanks for your patience! CIM AUG 16'94 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JULY 24, 1991 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Commissioners Robert Beckers, Barb Stimson (arrived at 7:24 p.m.), Michael Stulberg, Scott Syverson, Michael Wigley, and Dennis Zylla. MEMBERS ABSENT: Chairman Richard Plufka STAFF PRESENT: C-rdinator Charles Dillerud, City Engineer Dan Faulkner, and Planning Secretary Jackie Watson. *MINUTES Motion by Commissioner Zylla, seconded by Commissioner Wigley to approve the Planning Commission Minutes of July 10, 1991. Vote. 5 Ayes. MOTION carried. Acting Chairman Stulberg introduced the request of Deltak Corporation for a Site Plan and Conditional Use Permit Amendment for expansion to outside storage at 13330 -12th Avenue North. Acting Chairman Stulberg introduced Mr. John Nemec representing the petitioner. Mr. Nemec stated that he had problems with Item 26 and 27A of the Engineer's Memo and Condition No. 5 of the Staff Report. City Engineer Faulkner stated that the manhole just needed to be brought up to grade. Coordinator Dillerud stated that Condition 5 of the Staff Report is standard for all Conditional Use Permits regarding the site Improvement Performance Agreement and guarantee. He said that a Site Improvement Performance Agreement will be drafted to ensure that site improvements are completed. The guarantee can be reduced or released as improvements are completed. ..,I-iAQW MOTION TO APPROVE VOTE - MOTION CARRIED DELTAK CORP. (91052) ciM AUG 16' Planning Commission Minutes July 24, 1991 Page 128 Acting Chairman Stulberg opened the Public Hearing. The Public Hearing was closed as no one was present to speak on the issue. MOTION by Commissioner Zylla, seconded by Commissioner Beckers to recommend approval of the request by Deltak Corporation for a Site Plan and Conditional Use Permit Amendment for expansion to outside storage at 13330 -12th Avenue North subject to the conditions recommended in the staff report of July 10, 1991. Roll Call Vote. 5 Ayes. MOTION carried. M.' 1406.. MOTION TO APPROVE VOTE - MOTION CARRIED Acting Stulberg introduced request of William LaTour for a WILLIAM LATOUR Preliminary Plat for 10 lots, Rezoning from FRD to R -1A, (91057) and Subdivision Code Variances for property located south of Greenwood School and west of County Road 101 (at approximately 35th Avenue North. Commissioner Zylla stepped down and removed himself from the discussion of this request. Coordinator Dillerud reviewed the July 10, 1991 Staff Report. Acting Chairman Stulberg introduced Mr. Bill LaTour, the petitioner. Mr. LaTour stated that agreed with July 10, 1991 Staff Report. Acting Chairman Stulberg opened the Public Hearing. The Public Hearing was closed as there was no one present to speak on the issue. MOTION by Acting Chairman Stulberg, seconded by Commissioner Syverson to recommend approval of the request by William LaTour for a Preliminary Plat, Rezoning from FRD to R -1A and Subdivision Code Variances located south of Greenwood School and west of County Road 101 (at approximately 35th Avenue North extended) subject to all conditions in the July 10, 1991 Staff Report. Roll Call Vote. 5 Ayes. MOTION carried. Commissioner Zylla returned to the table. Acting Chairman Stulberg introduced the request of Len Busch Roses for a Site Plan Amendment for construction of four additional green houses located north of Medina Road, west of County Road 101. Coordinator Dillerud reviewed the July 10, 1991 Staff Report. MOTION TO APPROVE VOTE - MOTION CARRIED LEN BUSCH ROSES (91043) um AUG 16'91 Planning Commission Minutes July 24, 1991 Page 129 Commissioner Zylla asked if the petitioner was in default of any conditions required from past approved applications. Coordinator Dillerud stated that Len Busch Roses has complied with all the conditions of the agreement. Commissioner Zylla asked if the next major screening project was due October 15, 1991. Coordinator Dillerud confirmed the date. Acting Chairman Stulberg introduced Mr. Pat Etzel representing the petitioner. Mr. Etzel stated that the screening will be done this year. Mr. Etzel stated that Len Busch Roses has been in business 25 years. He reviewed the lighting problems that went before the City Council and stated they have agreement with City for screening the greenhouses. Mr. Etzel stated this request is for the balance of original Site Plan and this request will complete the greenhouse expansion. Commissioner Wigley asked when the existing greenhouses would be screened. Mr. Etzel stated they met with the City Council and neighbors and simulated lighting with and without screening curtains several times. He said this test was viewed from the Amber Woods neighborhood. Mr. Etzel stated that four more houses will be screened in fall and four more will be screened the fall of 1992. This will bring the level of lighting back to 1985 levels. Mr. Etzel stated that the new greenhouses will automatically be screened. Acting Chairman introduced Mr. Bill Pritchard of Orrin Thompson Homes. Mr. Pritchard stated he was concerned with the glow on overcast nights from Amber Woods homes. He said that he recalled Len Busch Roses stating that the fabric being used for screening could be a problem. He asked Mr. Etzel if they are comfortable with the fabric. Mr: Etzel responded that there have been no problems with the fabric. Mr. Pritchard stated that the screening shields the roof and sides of the greenhouses but that the light emits from the ends of the greenhouses. He said pre -1985 conditions CJM AUG 16-91 Planning Commission Minutes July 24, 1991 Page 130 were no light. He said the screening in place now is working. Acting Chairman Stulberg introduce Mr. Peter Pflaum of Lundgren Bros. Construction. Mr. Pflaum stated that he is concerned that the light can be seen from miles away. He stated that the high point of his property can see directly into the greenhouse site but will be screened by the Orrin Thompson development. Mr. Pflaum said there is no place in the country where a similar lighting situation occurs. He suggested that the Commissioners go to view this lighting before they vote on the request so they are aware of the situation which could cause a major lawsuit in the future. Acting Chairman Stulberg asked about the light emitting from the gables. Mr. Etzel stated that the gable ends would not be screened because the technology is not available. He said the berms will control the direct light from the gables and that the berm on the west will be supplemented with trees. Acting Chairman asked what future plans for Len Busch Roses are anticipated. Mr. Etzel responded that this application will complete the expansion of the greenhouses on this site because of the community concerns. Acting Chairman Stulberg -asked if this expansion will support business growth for the next 10 years. Mr. Etzel responded that if more expansion is needed the business will expand elsewhere. MOTION by Commissioner Zylla, seconded by Commissioner Stulberg to recommend approval of the request by Len Busch Roses for a Site Plan Amendment for construction of four additional green houses located north of Medina Road, west of County Road 101 subject to the conditions recommended in the staff report of July 10, 1991. Commissioner Zylla stated that even though he may not agree with some comments made here tonight he thinks the application is consistent with ordinance standards and it complies with the agreement made with the City Council. Commissioner Wigley asked if the Commissioners could make recommendations for additional conditions to be added to the Staff Report. =-%%Aa-w ciM AUG 16'91 Planning Commission Minutes July 24, 1991•��ic� Page 131 Acting Chairman Stulberg stated that recommendations can be made to the City Council. Coordinator Dillerud cautioned the Commissioners to be careful with recommendations which may conflict with the agreement without the benefit of the demonstrations of lighting witnessed by staff and the City Council. Commissioner Zylla stated Len Busch Roses is not in default of any conditions agreed to and should not be penalized. Commissioner Beckers stated that since the agreement has been made it cannot be changed by the Planning Commission. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE MOTION CARRIED Acting Chairman Stulberg introduced the request of Caliber CALIBER DEVELOPMENT Development Corporation for a Lot Division/Lot CORP. (91059) Consolidation and Variance for Cheshire Business Center located at 2600 Fernbrook Lane. Acting Chairman Stulberg waived the review of the July 10, 1991 Staff Report. Acting Chairman Stulberg introduced Mr. Gregg Dumonceaux representing the petitioner. Mr. Dumonceaux stated he is in agreement with the July 10, 1991 Staff Report. MOTION by Commissioner Wigley, seconded by Commissioner MOTION TO APPROVE Syverson to recommend approval of the request by Caliber Development Corporation for a Lot Division/Lot Consolidation, Amended Site Plan and Variance for Cheshire Business Center located at 2600 Fernbrook Lane, subject to all condition listed in the July 10, 1991 Staff Report. Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Acting Chairman Stulberg asked the Commissioners what PLANNED should be done regarding discussion on the Planned Unit UNIT DEVELOPMENTS Development issue. Commissioner Zylla asked that the discussion be delayed until Chairman Plufka is present since he is interested in the PUD issue. Acting Chairman Stulberg suggested that maybe a study session should be held so that the new Commissioners will be able to learn more about the subject. Commissioner Stimson stated that she would like to know what some of the current concerns are. cup AUG .16'91 Planning Commission Minutes July 24, 1991 �• `�� Page 132 Coordinator Dillerud stated that increased density and lack of open space in the PUDs are some concerns. Coordinator Dillerud said that if small lots are approved, then some compensated open space should be given; some lots are as small as 10,000 square feet. Commissioner Zylla stated that some of the issues become so subjective. Bonus points are usually given and not needed because of the size of the lots. The lots keep shrinking. Coordinator Dillerud stated that sometimes open space is deeded to Homeowners Association and the buyer does not realize they are responsible to maintain the open space and they do not want to pay for the upkeep. He said open space then is not maintained and it looks unkept. Commissioner Stimson stated most single family detached home owners she has contact with dislike the Homeowner's Associations. Coordinator Dillerud stated that the PUD is a great tool if used properly. Acting Chairman Stulberg suggested that the PUD be eliminated and developers use conventional platting. He said that many developers buy the 40 acres required for a PUD and then try to get as many lots on the parcel as possible. Commissioner Zylla left the table at 8:08 p.m. Coordinator Dillerud explained that the thought was that the PUD would save the developer money which would trickle down to cheaper costs to the buyer, but it never has. Commissioner Beckers stated he would like staff to prepare some charts showing the benefits and disadvantages of the PUD, and what tools can be used to get to the key objectives. Coordinator Dillerud stated that a liaison is needed for the PRAC Board and asked for a volunteer. Commissioner Syverson stated he could be interested and would let the Commissioners know at the next meeting. The meeting adjourned at 8:30 p.m. CIM 4.�G 16'91 ML'�' MllNICIPAL LEGISLATIVE COMMISSION `�"-%%ML 1500 Northland Plaza 3800 West 80th Street Bloa:;�;ngton, Minnesota 55431 (612) 893-6650 .cC` �Cll THIRTY-FOURTH MLC BOARD OF DIRECTORS MEETING _ Wednesday, July 31, 1991 5:00 P.M. Decathlon Athletic Club Bloomington, Minnesota MINUTES The Thirty -Fifth MLC Board of Directors meeting was called to order by Barry Johnson, Vice - Chairman. Members present: Mark Bernhardsen, Bloomington; Greg Konat, Burnsville; Mayor Tom Egan and Tom Hedges, Eagan; Carl Jullie, Eden Prairie; Ken Rosland, Edina; Mike McGuire, Maplewood; Mayor Tim Bergstedt, and Jim Miller, Minnetonka; Councilmember Carol Helliwell and James Willis, Plymouth; Councilmember Vern Johnson and Steve Sarkozy, Roseville; Councilmember Ben Withhart and Dwight Johnson, Shoreview; Mark Sather, White Bear Lake; Barry Johnson, Woodbury. Also present: Councilmember Joe Zappa, Maplewood; Robert Renner, Jr., and Heather Florine, Messerli & Kramer. Members Absent: Mayor Neil Peterson, Bloomington; Mayor Jesse Ventura and Craig Rapp, Brooklyn Park; Mayor Daniel McElroy, Burnsville; Mayor Doug Tenpas, Eden Prairie; Mayor Frederick Richards, Edina; Mayor Rosemary Piekarski-Krech and Robert Schaefer, Inver Grove Heights; Mayor Gary Bastian, Maplewood; Mayor Ken Mahle, Woodbury; Mayor Harry Mares, White Bear Lake. A motion was made by Willis, seconded by Rosland to approve the Minutes from the April 17, 1991, Board of Directors Meeting. The motion passed. Jullie presented the Treasurer's report. A motion was made by V. Johnson, seconded by Egan, to approve the Treasurer's Report. The motion passed. Member Cities: Bloomington, Brooklyn Park, Burnsville. Eagan, Eden Prairie. Edina, Inver Grove Heights, Maplewood, Minnetonka. CIM tW 16'91 Plymouth. Roseville. Shoreview, White Bear Lake. Woodbury Jullie then distributed, and the Board of Directors reviewed, the 1990 audit report produced by Fox McCue. A motion was made by D. Johnson, seconded by Miller, to accept the final report of the 1990 audit. Renner then reported on the status of the Advisory Commission on Intergovernmental Relations. To date, Governor Carlson has not yet made any appointments to the Commission; however, certain names have been circulating around the Capitol and a final selection should be announced soon. Once these appointments are made, the Commission is expected to produce a new local government aid distribution formula for consideration by the 1992 legislature, which is scheduled to convene in February of 1992. Renner explained to the Board that the recommendations from the ACIR will have a major impact on the MLC's legislative program. The MLC can support, oppose or attempt to modify the final recommendations of the Advisory Commission. After further discussion, it was decided that the MLC, at its October Board of Directors Meeting, will formulate its legislative program and policy statement prior to the regional legislative breakfast meetings. Possible issues the MLC's 1992 legislative program may include are: (a) Assuring that the top tax rate on residential homesteads does, in fact, drop to 2.0% in 1993 as enacted as part of the 1991 omnibus tax bill; (b) Assuring that levy limits are repealed in 1993; (c) Possible constitutional dedication of the $.02 local option sales tax; and (d) Support/opposition/revision of the ACIR's recommendation on a new local government aid distribution formula. After further discussion, Renner informed the Board that the House of Representatives has formed a committee to examine the trends in the fiscal disparities program and to offer recommendations to the 1992 Legislature regarding the future of the program. Although the MLC has historically remained neutral on this issue, Renner will be monitoring the meetings and reporting back to the Board of Directors. At this time, Zappa expressed concerns regarding the organization and membership of the MLC. Zappa asked the Board to clarify if Renner is available to lobby for member cities on issues other than those related to property taxes, or if the sole purpose of the MLC's existence is to lobby property tax issues. -2- CIM AUG 16'91 z- No Withhart explained that he believes the MLC is the most effective of all the local government lobbying groups for his city because the MLC is a unique coalition of second-tier suburbs. Although the other groups such as the AMM and LMC are effective on some issues, Withhart believes the MLC most uniquely and effectively lobbies for local government tax and spending issues at the Capitol. D. Johnson explained that the most important part of getting these issues in the proper policymaking discussion is education. Johnson believes the MLC has been most effective in educating suburban residents and legislators on the key points and problems regarding the property tax and local government aid system. Mayor Egan stated that the MLC is always the group to which his city looks for commonality and consensus on tax issues unique to the member cities. Egan expressed that he believes the MLC has been very effective on these issues and has done so by remaining focused on specific issues in the property tax system. Renner explained that the Board of Directors can always change the legislative agenda and the direction in which the MLC wants to work in influencing state policymaking. After further discussion, the Board considered membership issues and possible options for setting the 1992 dues structure. Renner explained that the Operating Committee recommended the Board freeze the dues structure at the 1991 level of $.30 per capita with a $12,000 cap. The Operating Committee also recommends that the same population levels used in setting the 1991 dues structure be used in setting the 1992 dues structure. The Board also reviewed Messerli & Kramer's proposal for professional services in 1992. Renner explained that because it x011 be a short legislative session in 1992, the retainer for Messerli & Kramer will be lowered from $127,000 (including costs) to $117,000 (including costs) for 1992. After further discussion, a motion was made by Willis, seconded by Helliwell to freeze the 1991 budget structure, using the same population figures, and apply the 1991 structure at $.30 per capita, $12,000 cap, to the 1992 dues structure. The motion passed. After discussing a tentative budget, the Board agreed final approval of the 1992 budget will take place at the October Board of Directors Meeting. The Board will also formally approve renewal of Messerli & Kramer's contract at the October meeting. -3- CIM AUG 16'91 Z-%q)o B. Johnson then reported the Operating Committee's recommendation to place the following names for nomination for 1992 MLC Officers: Neil Peterson - Chair Carl Jullie - Vice -Chair Steve Sarkozy - Secretary -Treasurer B. Johnson asked for other nominations. There being no further nominations, a motion was made by D. Johnson, seconded by Withhart to close nominations for MLC 1992 Officers. The motion passed. A motion was made by Willis, seconded by Bernhardsen, to elect the above nominees to their respective positions as 1992 Officers. The motion passed. The Board then discussed the upcoming regional legislative breakfast meetings to be held this fall. After further discussion, the Board agreed that the MLC should continue to host these regional breakfasts, and a tentative program will be put together by the Operating Committee. The next regular Board of Directors meeting will be held 5:00 Wednesday, October 23, 19913 at the Shoreview Community Center. There will also be an Operating Committee meeting at 3:00 that same day. A motion was made by Zappa, seconded by C. Jullie to adjourn the meeting. The motion passed unanimously. The meeting was adjourned at 6:15 p.m. -4- "kl AM 16'91 E z E E C4 040 W 0 ow w x Ix � Ha wx E ::) z O a P4 0 O 0 w O o OO 11 O L11 O 0o m II R V). H U) E cn II II II II N U) O II it Ln wa w 0 V) M N E C r+ r - p4 H W w�a •-� � w cin a1 aaH CY, z � C"1 >4 O h E •• Ui 00 M x W N E � �a o z w a� a H OU U A w O H E m to E z W D H U z H 0 W E-4 0 a w a w 0 W a E O O O O 11 O O O OO 11 O L11 O 0o m II R V). II II II II II N d' d' II it Ln II N II II n n .-1 M 9-1 r-4 M N .-1 n u d' 01 r - r -I M mr d' r-1 N M H O [". m N er r -I r-1 r-1 r -I ri it -W CD O 11 N 00 I"' It r -I N 11 O 00 00 O O I II N r-1 CO II r-1 O M L- 1-1 H co r -i .-1 N II 01 O O I 11 ri �o N it .-1 O N Ln .- 1 N r -I M O Co II r-4 O ko II 0 o II II II II II Ila w a w w o x acn w w w cn W z H W H #4 cn cEn O Z �-► cn 0 000 UR:UUwa Enazo W p� z tnH�+wWH W =)ZDH0(nT WU)�1 a IJiU H aEaazEU wpla Uu nDwwP.w �WE a Wz 4HpH0PUE H GHC>~►-aw w0 a EW O EwcNcnaCO�xaa' w c�a w E Ww o 0 3WZHW Oi E-40 ZEa-Hw>+PUx HD (nH CSE WW 0 4 M •HU)04-UiaiiQHLY, m4� znw� Uzo>4 w moi=Hw �w O O ww a cn H xwcnmx x H HWW40� E-+C7�wfa0 ME�EE w,�.a�Y,H0E4 WM HHHE- WM0U O <a%uw=oma Ha Z HQExmxxzOQOWE 40E-4 xOOUWWHZZzzz -wO a�EEaa xOI34M=" )HWWOHHHH�D zz E K49 =-klr O M 00 r-1 O 01MMll- O rn Ln 1-4 ko r-4d'L1101O C1Mdr r- O 01 t` cit 9 UrX4OEW E 01 AW 16'91 �•%C p 00000o0oo00oOLn0000oc0 II Ln W O O O v? V). O O t!} v? O O v? v} L- V). v? t!} O cl). V> it L- EI O M LD LD r-1 N O LD 00 II N O r� r -i V> V). %D ri eh Vi II %0 .� 'w 01). cn V). vt er II m 01 H Ui N v> II N rn E-+ Un 0-1- U) to O II a w wa n O 0 t ooraor-lIrw-lO000000O000OO(D II E -I p .ILD r-1 N 11 N h z u 1D 00�'O"W%DMr4U)r4NN r4wN W CD Ln MN 00 II al C1 LD N N eM M ri ri T--4 r -i II L- E-+ r 4 II eM E0.1 II to n O M M 00 r-4 La eM N r4 O Ln 4 O O r-1 4 r-1 •W I) er W N ri M II 00 !n rl II N � II ►I E-+ p MWOO r-IM'-1OML-Or4ri r-1 r-1-WOerN r-4 "W II Ln W W Ln N M v-4 r -I r-1 r-1 11 a4l II ri z 9a 11 4a zu w a oU 0 w a a� Ha wEri O O a1 .--I O O r -I M O O 00 O r-1 .--1 M r-1 [- N M O Mr- II M x z o o I M Ln r-1 %D P 0 00 qtrII r-1 .--I N II •f,. -1O 007OONtnehOlD�000r-i .--1MMr-1riNN II tD W CN 000 I M eh 1 r 1 r -I r-1 II p OtOt-MO PW a% qw - N Ln O 01NNlnM r4 O W to H O I'D r-I N O O l� .--I O LD M O .--I O Cl O M N ri r-4 Ln "r II N er H O O N er r-1 II N E-4 LD N II r -i O 4II (� r40 OOr-1ONMr--1riMMNOOMOr-1OOr-4N Ln 11 00 OM e-4 LneN a)r- O O r-1 N II Ln M 0) Ch 00 L- Ln V1 O %D 11 Ql r -I N er N E-+ Co O II r-1 lD z 11 rn W II N p it H it IZ-1 to : to � W Ei z W cn w z Ei W E-1 a to to O z H cn p c7 0E40cn UrxUUw 04cn04z0 wW� cn�cn•• w z HwHw DDDa cn Hav)zwcnw U cn •• E- H 4E-144ZPU aPIX UcnDxWDW�we a D a Wz 4HH0E-IUEi l--1 a •• to o a E-4Wz0 PW WDtn�xW 0HaHw a w 0w w E-+ :D O a w OOWUWHwz %0- p p 17U to F4 w %3: La HO zHw>+>x Ho cnl-1WW 0 x pE-1 U) U) Un -H!noQ-cntz4HW D4D 1 V�rQ4 ZOW4cnUzo w WIxxHW 4w o O O E-+cn Uax tnE�C7�pC7xDfDAEx+-+� H cn U�� a UH aiE-i4WH0E-1 Wtn HHHplZDOU�O ►-iD W � ~ HW E� H <Z a PWW=zOOOWE 4aE-44 E -4z E-4 E--4 >.+ 0, j0EiDUW WE-+zE�wDzzzz w`�`� E * * * h00 0W E-1 aiyxoavi•=l34wHMWOHHHH�',f,,F�� aM AUG 16 '91 90 91 90 91 90 91 90 91 PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH JULY 1991 CLASS MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 2 2 22 31 130 8 2 0 1 2 1 0 1 34 1 25 1 122 1 16 2 TOTALS 1990 1991 CLASS II 197 201 2% s..�Its FORGERY COUNTERFEIT FRAUD HAR. COMM STOLEN PROPERTY VANDALISM SEX OFF, NARC. OFFENSES FAM/CHILD D.W.I. LIQ LAW DISORDERLY CONDUCT OTHER 3 17 34 2 81 2 6 4 33 14 1 46 5 1 17 1 48 1 1 1 76 1 3 5 2 1 40 1 9 4 42 TOTALS 1990 243 1991 252 4% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE I SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 0 18 64 0 0 86 0 1 1 6 22 0 14 67 0 0 114 1 0 1 2 9 2 TOTALS 1990 198 1991 232 CLASS IV 177 TOTALS 1990 1425 1991 1487 4% HAZARDOUS VIOLATIONS 1990 366 1991 280 -237 NONHAZARDOUS VIOLATIONS 1990 395 1991 507 287 CRIMINAL OFFENSES CLEARED 1990 192 1991 132 ASSIST 2063 1991 2172 5% ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC. 32 156 157 156 62 45 178 208 7 25 185 214 37 167 147 131 46 49 153 259 8 33 212 245 TOTALS 1990 1425 1991 1487 4% HAZARDOUS VIOLATIONS 1990 366 1991 280 -237 NONHAZARDOUS VIOLATIONS 1990 395 1991 507 287 CRIMINAL OFFENSES CLEARED 1990 192 1991 132 TOTAL NUMBER OF INCIDENTS 1990 2063 1991 2172 5% cim AUG 16'91 9( 9] 9( 91 PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH JANUARY -JULY 1991 CLASS MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 17 3 188 209 693 75 14 0 15 4 1 222 1 218 1 668 1 75 8 9( 91 TOTALS 1990 1199 1991 1210 CLASS II 12 _# `S FORGERY COUNTERFEIT FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I LID LAW DISORDERLY CONDUCT OTHER 18 65 171 2 416 12 56 25 233 70 25 243 16 86 266 11 1 322 1 19 1 62 1 35 1 260 70 28 1 236 9( 9] TOTALS 1990 1336 1991 1411 CLASS III 6% FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 0 92 464 0 0 589 0 16 16 34 193 0 80 513 0 0 1 638 1 3 1 10 23 1 42 1 160 TOTALS 1990 1404 1991 1469 5% CLASS IV DOMESTIC ANIMAL DETAIL FALSE ALARMS LOCK OUTS ASSIST OTHER AGENCY WARRANT SERVED TRAFFIC DETAIL SUSPICION INFORMATION MISSING PERSON LOST FOUND PUBLIC NUISANCE MISC 211 906 969 1045 349 291 970 1347 33 250 917 1570 192 942 926 1070 348 275 873 11 1229 28 144 911 1542 TOTALS 1990 8858 _1991 8480 -47- HAZARDOUS VIOLATIONS 1990 2576 1991 2542 -1% NONHAZARDOUS VIOLATIONS 1990 2943 1991 3213 9% CRIMINAL OFFENSES CLEARED 1990 19% 1991 167 TOTAL NUMBER OF INCIDENTS 1990 12,7 7 1991 12,570 -2% GIM 016,91 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 12, 1991 TO: Joe Ryan, Building Official FROM: Helen LaFave, Communications Coordinator SUBJECT: CUSTOMER COMMENT CARD For your information, we received the attached comment card at the front counter. The customer commented on the length of time required to issue a deck permit. CITY OF PLYMOUTH PUBLIC SERVICE COUNTERS CUSTOMER COMMENT CARD We value your opinion about the service you receive at the Public Service Counters! Please complete this card and drop it in a Customer Comment Box. Date 30 Time ABX With which department(s) did you deal _IAI` Name of person you saw Did you have an appointment? Yes No �— Was service prompt? Yes o Was service courteous? '�s _ No Is there information you still require? How coup we serve you better? 7 Q/A yy 4-y1IF Your name would be appreciated; however, if you should prefer to remain anonymous, we still value your observations. Name Address llo� �j� �s Phone f z Gini AUG 16SI BOARD OF DIRECTORS PRESIDENT Larry Bakken Golden Valley VICE PRESIDENT Bob Long St. Paul PAST PRESIDENT Walter R. Fehst Robbinsdale DIRECTORS Karen Anderson Minnetonka Don Ashworth Chanhassen Bill Barnhart Minneapolis William Burns Fridley Joan Campbell Minneapolis May 30, 1991 Jackie Watson City of Plymouth 3400 Plymouth Blvd. Plymouth, Mn. 55447 Dear Jackie: t i asociation of metropolitan municipalities waft David Childs New Brighton On behalf of the Association of Metropolitan Municipalities we Thomas Egan would like to take this opportunity to thank you for all the Eagan tremendous work that you have done on drafting, redrafting and Richard Enrooth recomputerizing the Land Use Planning Act draft. I know its a St. Anthony task of long duration and we appreciate your long suffering patience in dealing with that. We hope the product that you Kenneth A. Mahle, HXve worked on will eventually see the light of day as an act Woodbury of legislation. Betty McColiun North St. Paul Thank you again. Frank Ongaro — St. Paul Sincerely Donald Ramstad Maple Grove Craig Rapp Mark E. Bernhardson Brooklyn Park City Administration Tom Spies Bloomington cc: Blair Tremere Gtoria Vierling Shakopee Gene White Frier Lake EXECUTIVE DIRECTOR Vern Peterson 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 aM AUG 16'91 =—tQ1041. July 1, 1991 City Of Plymouth 3400 Plymouth Blvd Plymouth, Mn 55447 Dear City Of Plymouth: The Raskob brothers farm hereby petitions the city of plymouth, that the sanitary sewer lines in Bridlewood (U.S. Homes) and Lundgren Brothers Churchill Farm be adequately sized , so that in the future when the adjacent area in the City of Medina is developed the lines will be adequate. This 60 acre farm is immediately west of Plymouth municipal boundary. The wetland in question is south of Medina rd.and east of Holy Name Drive. Thankyou. 0 Yours Truly, Mr. and Mrs. R. J. Raskob 2295 HolyName Drive Wayzata, MN 55391 ��� �����.✓ Mr. and Mrs. J. A. Raskob 2562 Holy Name Drive Wayzata, MN 55391 Circ a 16,91 ugust 6, 1991 Mr. Robert Dunn Chairman Environmental Quality Board 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Dear Mr. Dunn: � b CIN OF PLYMOUTf+ The City Manager has advised the City Council of the July 18 meeting of the Environmental Quality Board pertaining to the alignment of Northwest Boulevard in the City of Plymouth. He had indicated to the City Council that he informed the EQB that he would recommend to the City Council that no final action be taken which would preclude the AE alignment from being considered as a viable alternative. The City Council concurs with that recommendation of the City Manager. I am only aware of three potential development/construction items that could affect the viability of the AE alignment. The first two pertain to the final plats for Bass lake Terrace and Curtis Lake Additions. There are no pending applications before the City Council regarding those plats. The third potential item that could impact the AE alignment is the construction of Northwest Boulevard from 56th Avenue to 54th Avenue. The City Council has previously authorized bids to be received on that segment of Northwest Boulevard. Construction of the portion of Northwest Boulevard between approximately 55th Avenue North and 54th Avenue North could potentially affect the AE alignment. Therefore, the City instructed its consulting engineer to require the bidders to bid the project in two stages. At the August 5, 1991, City Council meeting, the City awarded the Contract for Stage I, which is between 56th Avenue and approximately 55th Avenue. This construction does not affect the ability to have the AE alignment constructed. The bids on the portion of the project between 55th Avenue and 54th Avenue will remain open for 90 days. We are hopeful that the alignment issue can be resolved during that time period. ciM AUG 16'b I 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 =-%c%b Mr. Robert Dunn August 6, 1991 Page 2 As you can see, the city is honoring the commitment made by the City Manager at the July 18 meeting. We wish to work cooperatively with both the EQB and the DNR in order to ensure that the proper alignment for Northwest Boulevard is selected. Sincerely, Kim M. Bergman Mayor cc: City Council Eldon Kaul Greg Downing Rodney Sando John Stine John A. Stemper Brian Secora David Barstad James G. Willis CW 016 91 _-kA c..4, August 7 1991 DVA - C -EO gu Mr. Dan Hannan, Pollution Control Specialist Tanks and Spills Section, Hazardous Waste Division -- `-� Minnesota Pollution Control Agency 520 Lafayette Road G�\ St. Paul, MN 55155 Dear Mr Hannan: We have received your July 11, 1991 memo regarding the July 4, 1991 complaint of "tar" materials found in Parker's Lake, Plymouth, MN. While Advance Machine Company does not question that the "seal coating" was done in our parking areas and could be the cause of this condition, I would like to outline our position a little more thoroughly. I also question whether the condition could have also been caused by the City of Plymouth "seal coating" 5 miles of city roadway this summer. Advance Machine Company contracted with Modern Roadways to seal coat approximately 28,100 square yards of parking area on our building site located in Plymouth. We have owned property and had operations in Plymouth since 1973 and most recently expanded our operation in 1985. We now have approximately 450,000 square feet of building on that site which is our company's world headquarters. We have used Modern Roadway's and this seal coating process for quite some time in the maintenance of our parking areas. We have never had any problem whatsoever. The material that was used in the seal coating is called RC -800. I discussed this material with Koch Refinery and understand that RC -800 is commonly used by businesses as well as public agencies in this seal coating process. More recently governmental agencies are using a very similar product called CRS as the "tack coat". in my brief explanation of the materials the I believe that CRS does not penetrate as well as RC -800 and could be more likely to cause problems within storm sewers. I am confused as to what company and/or governmental agencies we are to use. Advance believes we are essentially using the same product that the City of Plymouth and Hennepin County use in the maintenance of their roadways. Because there was such a large area within our complex to do, it took approximately 4 days for Modern Roadways to complete the project. One of the reasons it took so long is that on the morning of July 3rd they stopped early because of a chance of rain. The bituminous surface should be dry prior to application; therefore they stopped. Apparently on the night of the 3rd or early morning of July 4th, this material was washed into the storm sewer. Since this storm sewer empties into Parkers Lake it apparently carried with it some of this RC -800 seal coating material. GIM 16'91 _. Advanta Machina Company, 14600 21 at AVE NORTH, PLYMOUTH, MN, 55447-3408 0 FAX (612) 475-9718 *PHONE: (612) 473-2235 6'91 z-Vac.d Page 2 upon your morning conversation on July 5th with Bob Allen of Advance Machine Company, we immediately took action to absorb any floating oils that were found on our site. These were minimum and were corrected very quickly. I also personally inspected the discharge area of the storm sewer into Parkers Lake and found very minimal evidence of a problem. We asked the lifeguards if the beach adjacent to that site had any problem and they replied "no". To my knowledge the beach remained open throughout this time. In your memo you acknowledged this being the second incident in two years involving pollutants entering the storm sewer from Advance Machine Company, and any future occurrence will likely result in a penalty. The issue occurring two years ago involved two to three ounces of soap diluted with 45 gallons of water. I have attached my August 17, 1989 memo to Stan Scofield, Fire Inspector, City of Plymouth. Perhaps this outline helps you understand what happened. Advance Machine Company has been a Minnesota-based company for over 50 years and takes great pride in the appearance of our buildings, both internally and externally. We are doing everything we can to monitor our processes and products to comply with all Federal, State and local requirements. I personally live within one mile of our plant and within a few blocks of Parkers Lake. I have lived here for 18 years and am very proud of our company and its efforts to improve the community. Advance Machine Company is not interested in any future penalty for inappropriate storm sewer use. We will do everything we can to be a model business and employer within this City and State. We would like to work with all governmental agencies in preventing any future problems. We openly invite you to tour our facility and work toward a common objective. In line with that objective, please outline for me how we, as well as the city, county and state are to seal coat their parking lots and roadways. This will prevent a reoccurrence in the future. Thank you for your information. Sincerely, ADVANCE MACHINE eT ie4R Ron Ray Vice President RR/jb COMPANY Manufacturing cc: The Honorable Rim Bergman, Mayor City of Plymouth Fred Moore, Director of Public Works, City of Plymouth Greg Lie, Department of Environment and Energy Modern Roadways, Minneapolis Bob Allen, Plant Manager Ren Page, Plant Manager Bob Priller, Director of Maintenance = AUG 16'91 August 17, 1989 Mr. Stan Schofield Fire Inspector City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Stan: Ilk.OV��[�VE. '_•bac.. This memo is in regards to the complaint made by the City of Plymouth and the Hennepin County Department of Public Works on the apparent discharge of waste water into Parkers Lake on June 23, 1989. I believe that it is "assumed" by the public officials involved that Advance Machine Company was the originator of that discharge. I wish to take exception with that assumption. Advance Machine Company acknowledged using 2 to 3 ounces per day, 3 days per week, of a substance called Arid Foam. This substance was diluted with approximately 45 gallons of water and inappro- priately drained into the storm sewer between our Buildings #2 and #3. Arid Foam is a "wetting agent" used as a soap solution. It is not a hazardous waste and no more dangerous than soap coming from washing an individual's car or truck. I believe it was inappropriate to conclude that Advance Machine Company was the site of the substance found in Parkers Lake. We have obtained copies of the laboratory report that Bay West had done for the PCA and have had an analysis of that report done for us by Pace Laboratories, Inc. I have attached a copy of their report. Pace summarizes their interpretation of the Bay West report by stating that there could be no conclusions made that the substance found in the lake was conclusively Arid Foam. They also question the method used in obtaining the samples. The reason I had Pace do this study was I do not believe that 2 to 3 ounces of Arid Foam could cause this problem. I believe that Advance was the first area that looked questionable and consequently other efforts to investigate further were stopped. I also am disappointed that an article appeared in the July 12, 1989 Wayzata/Plymouth Sailor reporting that Advance Machine Company and Arid Foam were the cause of this condition. (Copy attached) It is the desire of Advance Machine Company to be an upstanding and forthright business within this community. We take great pride in the appearance of our building, both internal and external. We monitor our processes so that they are controlled with the proper disposition made of all hazardous chemicals. We have done so in the City of Plymouth for the past 16 years and intend to do so in the future. CIM AUG 16'91 Adv4nw Mw_hin* Company, 14600 21 st AVE NORTH, PLYMOUTH, MN, 55447-3408,1ELEX 487.5061 ADVO 0 FAX (612)475-9718 0 PHONE 1512) 4732235 = %a c.. Page 2 City of Plymouth I would appreciate it if you would pass this information on to those Council Members and/or city officials that might have been given the wrong impression as a result of the newspaper article. I believe the Pace Laboratory report outlines the true, unbiased interpretation of the Bay West report. I qsk that you pass it along to those who have had access to the file. If you have further questions on this incident, please contact me. Hopefully this has been of some help. Sincerely, ADVANCE MACHINE COMPANY Ronald G:—R� V. P. Manufacturing RR/jb cc: Bob Priller Bernie Aldrich CIM AIS 16'91 pac4ts I arc. ROFFSPONAI ANAL YT" UIWWRY i DOOMM04G =`1R� Offices: Minneapolis, Minnesota Tampa, Florida Coralville, Iowa Novato, California Leawood, Kansas 1710 Douglas Drive North ❑ Minneapolis, MN 55422 ❑ Phone (612) 544-5543 ❑ FAX (612) S44-3974 August 1, 1989 Mr. Robert Priller Advance Machine Company 14600 21st Avenue Plymouth, MN 55447-3408 Dear Mr. Priller: I have reviewed the informational package that you provided to me on July 21, 1989. The package included the following items: 1) a Bay West report to the Minnesota Pollution Control Agency (dated June 27, 1989), 2) a laboratory report from Aspen Research Corporation to Bay West (dated June 24, 1989), 3) a material safety data sheet for ARID FOAM, and 4) a newspaper article from a local paper (dated July 12, 1989). I will interpret the reports for you and provide you with my assessment of the data. In Bay West's report to the MPCA, words like "suggest" and "inconclusive" have to be used because there is not enough data to say conclusively that ARID FOAM was present in the water samples. Bay West contends that there is the same chromatographic pattern in both the subsurface water sample and the cleaner concentrate sample. However, theme was no demonstration that the Dattern comes from ARID FOAM alone. Other soap roducts m exhibit he same pa ern. n more d-afa is provided, the only cont uslon that can a yawn is that there may be similarities between the cleaner concentrate and the subsurface water sample. The analytical work was performed by Aspen Research Corporation. Because there are no approved methodologies for the analysis of ARID FOAM in water, Aspen Research tried three different techniques: 1) size exclusion chromatography/refractive index detection, 2) size exclusion chromatography/UV detection, and 3) gas chromatography/flame ionization detection. According to the report, size exclusion chromatography with UV detection provided Aspen with the sensitivity and resolution to draw certain conclusions from their data. In order to assess sensitivity, the analytical system must be calibrated with known amounts of standards. If this work was done, it was not reported in the data. The question of resolution must be examined in the context of the analytical technique itself. Size exclusion chromatography is a technique that separates by differences in molecular weight. In order to obtain satisfactory resolution, the molecular weight difference between two compounds must be around an order of magnitude. This technique can not be used to separate compounds of similar sizes. Since there was no demonstration that the system was calibrated with standards of known molecular weight, the ability of the technique to generate the required resolution can not be an equal opportunity employer cw AUG 16'9 1 Mr. Robert Priller Advance Machine Company August 1, 1989 Page 2 answered. In addition, there was no quality control data included in the report. Therefore, accuracy. precision, and limit of detection can not be judged. The size exclusion chromatograms do exhibit retention time shifts - i.e. the time it takes to travel through the chromatographic system and be detected changes among the chromatograms provided. This shift could indicate poor reproducibility in the system or different compounds being chromatographed. Because of the doubts raised from this inspection of the analytical data, the conclusion that ARID FOAM is present in the subsurface water is questionable. In conclusion, the following items need to be noted: o There was no demonstration that the chromatographic pattern came from ARID FOAM alone. o There was no demonstration of sensitivity or resolution in the analytical technique employed. o There was no quality control data provided in the report. o There were retention time shifts in the chromatograms provided in the report. If you have any questions on this information, please call me at 612/544-5543. Sincerely, William H. Scruton Senior Consulting Chemist NHS73/jb cm AUG 16'91 so t Stuart Corporation S 300 Shepard Park Office Center 2177 Youngman Avenue St. Paul, Minnesota 55116-3048 (612) 698-0302 12 August 1991 Mr. Richard J. Carlquist Public Safety Director Plymouth Police Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Carlquist RE: Your Letter Dated 7 August Regarding Crimes at SummerPlace and SummerCreek Thank you for forwarding a copy of our complaint to the mayor. I would like to take this opportunity to clarify some of your questions in the above -referenced letter. First, no, I did not talk with the officers in person. I received over 10 calls from residents of SummerPlace and SummerCreek Apartments whose cars had been vandalized. I agreed to be their spokesperson regarding their treatment upon reporting these crimes. They all had very similar experiences so I feel confident that we communicated the problem to you correctly. Secondly, I agree we need more participation from residents to help minimize crime. However, out of 160 apartments (not 200), a 12% turnout is encouraging to us. The problem is not with lack of concern but with improper investigation on behalf of the officers responding to the crimes. I hope you can realize that the biggest concern we have is with the same criminals committing the same crime just weeks after the initial incident, especially when the police department indicates they had previously known who the perpetrators were. By the tone of your letter I feel that you believe we are not fairly judging the police officers or your department. I would welcome the opportunity to discuss this matter further with the Internal Affairs Department. Sincerely, STUART MANAGEMENT CORPORATION 0d�.�j }- Pamela K. Soderquist (l Property Manager /mh cc Sharon Garcia, Manager, SummerPlace Apartments Mayor Kim M. Bergman James G. Willis, City Manager Councilmembers c_Ne AUG 16'9 a August 6, 1991 Mr. Jay R. Naftzger 3335 Niagara Lane Plymouth, MN 55447 Dear Jay: =-�CQ.• On behalf of the entire City Council, I want to thank you for your energetic participation in the Board of Zoning, Adjustments, and Appeals during the past 4-1/2 years. Your service on the board, and more recently as Chair, have certainly been a testimony to your commitment to public service and dedication to your fellow citizens. We are all sorry that you found it necessary to resign. Jay, I know that compliments are few and far between for those of you who toil on various boards and commissions. You have some extremely tough issues to deal with on a regular basis. The fact that you have been able to handle them so effectively on BOZA, demonstrates a sensitivity you and your fellow members have brought to your deliberations. Many citizens were able to have their concerns appropriately addressed by you folks and did not find it necessary to even appear before the City Council. To that end, they learned that local government worked; and worked directly through their fellow citizens. What better way can we demonstrate our commitment to our community and fellow citizens. Thanks again Jay for your dedication to Plymouth. On behalf of the Council, please accept our sincere thanks for a job well done. Sincerely, Kim M. Bergman Mayor cc: Councilmembers James G. Willis, City Manager Board of Zoning Adjustments and Appeals "" AM 16'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mayor Kim Bergman 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Bergman, The Plymouth Jaycees would like to support of our chapter. I did receive that was mailed to all city employees. outstanding job putting it together. Z-%cid thank you for your a copy of the letter You did an Since our meeting, we have been doing a lot of door - knocking and have recently signed three new Plymouth Jaycees. However, we are still looking for more young people to join our organization. Our upcoming events include a membership/volleyball night on August 17th and a Stress Management Seminar on Thursday September 5th. Dr. Vivi-Ann Fischer, a Plymouth chiropractor, will be giving the seminar. Please consider yourself invited to our meeting on the 5th of September. Our Stress Management Seminar might be beneficial to you. If you have any questions about the Plymouth Jaycees, please call me at 550-1744. Once again, I thank you for your interest. Sincerely, ' Randy Stocker Plymouth Jaycees C" 0 16'91 PJ HENNEPIN PARKS Suburban Hennepin Regional Park District 12615 County Road 9 P.O Box 47320 Plymouth, MN 5544 7-03 20 Telephone (612) 5549000 Fox (612) 559-328 Board of Commissioners Judith S. Anderson Chair Bloomington Nicholas P. Eolotf Vice Chair Brooklyn Center Susan Nelson Baser Crystal Shirley A. Bonine Maple Plain David J. Dombrowski St. Louis Park BIII Weir Edina James M. White Orono Douglas F. Bryant Superintendent & Secretary to the Board Year fiYear of the Wetlands in Hennepin Paris =-JR5 August, 1991 Z Dear : Ma or Y On behalf on the Hennepin Parks Board of Commissioners,T cordially invite you to participate in Hennepin Parks' Tour de -" French Bike Ride and Festival on Saturday, September 14. Hennepin Parks is hosting the Tour de French in cooperation with local municipalities, bike shops, and organizations to encourage safe and enjoyable bicycling as a healthy leisure activity for the public and to create an awareness of existing trail systems serving the suburban Hennepin area. An additional objective is to create a public and political awareness of the need to complete regional trails. The Tour de French Bicycle Rides will start at four different locations within the City of Minneapoli and suburban Hennepin County. All Tour de French bicycle routes will converge on French Regional Park where Hennepin Parks will be hosting a Tour de French Picnic and Bicycle Festival.. Enclosed is a registration/information brochure which provides details of the event. We sincerely hope you will join us to celebrate bicycling by participating in the Bike Ride and/or Bicycle Festival. If you are interested in attending, please complete the registration information and return to Hennepin Parks. The pre -registration deadline is September 6th; however, day -of -event registration will be accepted. If you have additional questions about the program, please call Margie Ostlund, Assistant to the Superintendent, Hennepin Parks, at 559-6746. Sincerely, Judith Anderson, Chair HENNEPIN PARKS BOARD OF COMMISSIONERS Judith S. Anderson, Chair Nicholas P. Eoloff, Vice Chair David J. Dombrowski Shirley A.'Bonine Bill Weir Susan Nelson Boser James M. White JA: lcz Enclosure 20435 RECYCLED PAPER - Conserving Our Resources QM AUG 16'91 Hennepin Parks Tour de French Bike Ride and Festival Saturday, September 14 Bike Ride Route *Choose one of four scenic routes to French Regional Park. Routes are 15-20 miles one-way in length (trail descriptions on back). *Experienced trip leaders, celebrity riders on each route. •Routes are paved/crushed rock bike trails, and roadways. *All routes will be signed and route maps provided. *Designated rest -stops. :Children wagons and first-aid will be available. •Children under 16 must be accompanied by an adult. eThe Tour de French is open to bicyclists of all ages and riding abilities. If you have a special need or concern, please call Judy McDowell at 476-4666. *Helmets are not required, but highly recommended. Registration *Registration stations are located at each designated trail start (see location on back). •Check in 8:30-10 a.m. at registration stations. •All participants must sign a liability waiver form at the registration station. *Trips with leaders will leave at 9, 9:30 & 10 a.m. Celebrity riders will leave with the first group. •Pre -registration and day of event registration accepted. -J; Fees •Tour de French Bike Ride and Festival are Free! oOptional: Picnic, $3 - Adult; $2 - Age 10 & under eOptional: Tour de French Commemorative Biker's Water Bottle, $2 (available to pre -registered participants only) Door Prize All persons pre -registering (free or for optional fee) will be eligible for door prize drawing. Must be present to win.fe r,.limited quantity of t-W-ixts atwing Tour de French logo will be vvail*bl.� jale'st fte event. Cost 48 French Reg. Park Bike Festival Festival Program: (10 a.m. - 3 p.m.) *Music - The band "Et Cetera" will play, 12 - 3 p.m. Bicycle Equipment Displays Bicycle Trail Map Information - Department of Natural Resources - Department of Transportation :Bicycle Safety Information and Check •Bicycle Club and Organization information 9B cycle Demonstration featuring antique bikes, highwheelers, and unicycles. Welcome Program & Door Prize Drawing 1-1:30 p.m. Tour de French Picnic Join in the official Tour de French Picnic. Hot Dogs/ Brats/Beverage/Dessert/Chips. Participants must pre - register to pin the picnic. Served 11:30-1:30 p.m. by Boy Scout Troop #569. Offered in cooperation with the following cities, organizations, and businesses: City of Excelsior MN Dept. of Transportation City of Minneapolis MN Extension Service Ci of Orono MN Dept. of Natural Resources City of Minnetonka MN Safety Council City of Golden valley MN Coalition of Bicyclists City of Maple Grove MN Parka & Trails Council City of Plymouth Plymouth Jaycees American Lung Assoc. Hoigaard's American Youth Hostels Penn Cycle Area Wide Cycle Plymouth Schwinn B.J: s Bike & Ski R.E.I. Bennett's Cycle Ski Hut Hatcher Bikes W orsstHENNEPINPARKb — our oe A10170h ------------------------------------------ Hennepin Parks Tour de French Registration Name (list additional participants on back) (h) Phone (w) Age Check One: Route 1 _ Route 2 _ Route 3 _ Route 4 Optional Start: (list) Bike Ride Only: #_ Free Make checks payable to Hennepin Parks. Bike & Picnic: #_ it $3; # ® $2(Child) Mail to: Hennepin Parks, Tour de French, 12615 Co.Road 9, Bike, Picnic, Memento: #_ Q$5 #_ @ SCChild) P.O. Box 47320, Plymouth, MN 55447-0320 Bike & Commemorative Water Bottle #_ 0$2 PRE -REGISTRATION DEADLINE - SEPTEMBER 6TH Alli 16.91 FM HENNEPIN LFU DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 Crossroads To Service August 15, 1991 The Honorable Kim M. Bergman Mayor of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Bergman: This is to notify you that the Hennepin County Ways and Means Committee of the County Board of Commissioners has taken action this morning to recommend to the full Board a resolution which authorizes any eligible voter in the county to vote by absentee ballot without qualification. This action is in accordance with Minnesota Statutes 1990, Chapter 227, Section 203B.02, which was amended this year by the legislature and allows for this option on an experimental basis. This county board resolution will come before the Board for consideration on Tuesday, August 20, 1991. If the resolution is approved, the option will become effective immediately and will affect the school board and municipal elections this fall. i Sincere , Patrick H. O'Connor, Director Property Tax and Public Records PHO:sw HENNEPIN COUNTY an equal opportunity employer 'IM ALIG 1,6'91 f CITY OF August 15, 1991 PLYMOUTR SUBJECT: CONDITIONAL USE PERMIT FOR DOG KENNEL, 16910 CO. RD. 47 Dear There will be no community mediation on the above subject matter. The reissuance of the kennel license to Mr. Amsbaugh will be heard by the City Council in December, when the City Council considers the conditional use permit. Please be assured that I have talked to Mr. Amsbaugh about this problem. In the meantime, I still need to have neighbors call whenever they experience continuous dog barking. In my opinion, it does not appear that anything short of the elimination of the kennel at the Amsbaugh property will resolve this matter. The mere fact that Mr. Amsbaugh has 15 dogs exacerbates the barking nuisance. The bottom line may be that the use of Mr. Amsbaugh's property for raising dogs is not compatible with adjoining neighbors. Sincerely, Richard J Carl ist Public Safety Director Plymouth Police Department RJC/sb cc: James G. Willis - City Manager Mayor Kim M. Bergman City Councilmembers Jon Elam - Administrator, City of Maple Grove Blair Tremere - Community Development Director CIM WG 1b'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2600 L�I1C League of Minnesota Cities August 13, 1991 Mr. Jim Willis City Manager 3400 Plymouth Boulevard Plymouth, MN -1-5447 Dear Jim: 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221-0986) =.-vas Thank you for informing me of the council's views with respect to the League's dues structure. The board is aware of the sharp escalation in dues for growing cities because of the previous constitutional requirement of recalculating the population figure in the dues formula only at ten year intervals. Due to this concern, the League studied this question. During the 1991 annual meeting LMC member cities approved a constitutional amendment which revises the method of calculating dues. In the future, population changes will be taken into account annually so cities will not receive the dramatic escalation in dues which can accumulate over a ten year period. Also in 1991, the League Dues and Services Committee suggested the dues levied for smaller cities be increased across the board. This proposal, however, was not approved at the annual meeting. We have established a Futures Committee which is to assess present League services in terms of future municipal needs. This committee can review the current dues structure and the allocation of costs and benefits between the various communities of the state. It is, however, impossible to predict what might be recommended by the Futures Committee. The entire League dues structure was studied some years ago and revised to its present formula. This was, in itself, a very difficult issue around which to develop consensus. I am quite sure, it will produce serious differences of opinion this time as well. I will ask the committee review this matter and make a recommendation to the board of directors. I will direct a copy of your letter to the committee for their study. C'm U 16'91 �i'<� (_,C)��'��IJ i T. `+i !_�nH i.; F;i:i—T?'—>T_� X31 3I1I_i 1'dl! �Li 311CH3� Mr. Jim Willie Page Z August 13, 1991 Thank you for your expression of concern on this subject. The League values the observations of city officials and is most interested in being responsive to all elements of the membership. Sincerely, Peter Solinger President, League of Minnesota Cities Councilmember, City of Rochester cc: Mayor and City Council, City of Plymouth LMC Board of Directors GIM AUG 16'91