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Council Information Memorandum 05-24-1991
Q VQ m 'n CITY OF PLYMOl1TFF CITY COUNCIL INFORMATIONAL MEMORANDUM May 245 1991 UPCOMING MEETINGS AND EVENTS.... 1. CITY OFFICES CLOSED -- Monday, May 27. Memorial Day 2. CITY COUNCIL MEETING SCHEDULE FOR JUNE: June 3 7:00 P.M. Regular Council Meeting City Council Chambers ---------------------------------------------------- June 17 6:30 P.M. 7:00 P.M. Plymouth Forum City Council Chambers Regular Council Meeting 3. AMM ANNUAL MEETING -- Thursday, May 30. The Association of Metropolitan Municipalities will hold its annual meeting at the Earle Brown Heritage Center in Brooklyn Center. Social hour - 5:30 p.m.; Dinner - 6:30 p.m.; Annual Business meeting - 7:30 p.m. A copy of the meeting agenda is attached. (M-3) 4. LMC ANNUAL CONFERENCE -- June 11- 14, Mayo Civic Center, Rochester. Information from the League on the conference is attached. (M-4) 5. WEST HENNEPIN HUMAN SERVICES -- Wednesday, June 5. The annual meeting of the West Hennepin Human Services Planning Board will be held at French Regional Park. A copy of the meeting notice is attached. Please contact Laurie if you plan to attend. (M-5) 6. 'CONSTITUTIONAL ISSUES IN LAND USE AND ZONING: DUE PROCESS, EOUAL PROTECTION, AND THE TAKING ISSUE' -- Wednesday, May 29, 2:00 - 5:00 p.m. A seminar for local officials sponsored the Association of Metropolitan Municipalities, League of Minnesota Cities, Metropolitan Council, and the law firm of Popham, Haik, Schnobrich & Kaufman, Ltd. will be held at the Marriott City Center in Minneapolis. A brochure is attached. Please notify Laurie if you will be attending. (M-6) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMO May 24, 1991 Page 2 7. MEETING CALENDARS -- Councilmember Vasiliou has suggested changing the Council calendar to reflect not only Council and Commission/Board meetings, but also other miscellaneous meetings and events Councilmembers attend. The calendar as produced at the present time is also used as a posting copy at the City Center for City Council, Commission, Board and Task Force meetings. To accommodate Councilmember Vasiliou's request, several alternative calendar layouts were created with the calendar software program. The monthly calendar was first tested, adding to it all meetings and events. Because of space limitations with this format and the possibility of numerous meetings and events planned for a single day, not all meetings would print on the calendar. A two-week calendar format was then tested. This format which prints in two columns, one for each week, will accommodate up to five meetings/events for a single day. A one-week calendar can also be created which prints up to 12 meeting/events for a single day. Examples of both these formats are attached for the Council's consideration. If the Council desires to have a more comprehensive calendar produced for all its meetings, I recommend either the two or one week format be used. The monthly calendar in its present format would still be created for City meetings held at the City Center. Attached for the Council's review is: 1) City Center monthly meeting calendars for May and June; 2) Council Calendars for the period May 26 - June 8, and June 9 - June 22; and 3) a one-week Council calendar for the week of May 26. (M-7) FOR YOUR INFORMATION..... 1. LIBRARY SITE QUICK TAKE HEARING -- The condemnation hearing for the proposed library site is scheduled for Wednesday, June 19 at 1:30 p.m., before Judge Kevin Burke at the Hennepin County Government Center. The purpose of the condemnation hearing is twofold. First, the City must establish that there is a public purpose for this taking. The second obligation which the City has is to convince the court that there is a need to take title now, using quick take proceedings, rather than conventional condemnation procedures. The Judge may render his order at the hearing, or up to 90 days thereafter. If the Judge finds that there is a public purpose and a basis for taking the title at this time, he would issue an order transferring title. This order would allow for the transfer of the library site to City ownership no less than 90 days from the City's original notice to the Court on this subject. The City CITY COUNCIL INFORMATIONAL MEMO May 24, 1991 Page 3 would be obliged to deposit with the Court an amount equivalent to the City's appraisal. Correspondence concerning this matter is attached. (I-1) 2. PLYMOUTH CHARTER COMMISSION -- At the conclusion of the May 21 meeting, Councilmembers concurred that they would individually correspond with Judge Levy with respect to their recommendations for Plymouth Charter Commission membership. I asked Jim Thomson to ask the Judge whether she has a timeline with respect to this matter. I have been advised that the Judge will accept Council comments until Monday, June 3. We have also learned that the Judge will accept applications from interested individuals until June 3 as well. Those applications are to be sent directly to Judge Levy. Attached are two letters from Jim Thomson on this subject. (I-2) 3. LEAGUE OF PLYMOUTH VOTERS v. CITY OF PLYMOUTH -- Copies of the following correspondence are attached: a. Letter from Barbara Hatch, Murane, Conlin, White, Brandt & Hoffman, to GAB Business Services. concerning correspondence from the plaintiffs' counsel regarding the certified questions to the appellate court. (I-3) 4. EURASIAN WATER MILFOIL -- Eric Blank received a call on May 15 from John Barton, naturalist from the Hennepin County Parks. Mr. Barton informed Eric that he has done a lake survey for both Medicine and Parkers Lakes, and as of May 15, Eurasian Water Milfoil has not been found in either lake. 5. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL -- Attached are materials distributed at the last NHHSC Board meeting for the Council's information. (I-5) 6. PLYMOUTH DOMESTIC ASSAULT INTERVENTION PROJECT -- Attached is a copy of the 1991 first quarter report for the Plymouth Domestic Assault Intervention Project. Also attached is the May newsletter from Home Free. (I-6) 7. METROPOLITAN AIRPORTS COMMISSION -- The Metropolitan Airports Commission will host a public meeting on Wednesday, May 29, at 7:00 p.m. at Wayzata West Jr. High School on the proposed six concepts for possible development of the Minneapolis -St. Paul International Airport. A copy of the meeting notice and brochure on the proposed concepts is attached. (I-7) 8. LIGHT RAIL TRANSIT -- The Anoka and Hennepin County Regional Railroad Authorities will hold two public information hearings on the Northeast Corridor Light Rail CITY COUNCIL INFORMATIONAL MBMO May 24, 1991 Page 4 Transit Line. The first meeting is scheduled for Wednesday, June 5 at the Logan Community Center in Minneapolis, and the second at the Fridley City Hall on Thursday, June 13. A copy of the meeting notice is attached. (I-8) 9. MINUTES• a. Planning Commission, May 8, 1991. (I -9a) b. Bassett Creek Water Management Commission, April 18, 1991. (I -9b) 10. CUSTOMER SERVICE LINE -- Documentation on calls received on the Customer Service Line is attached. (I-10) 11. PLYMOUTH EMPLOYEES: a. Letter of appreciation to Gail Bangle, Assessment Office Technician, from Plymouth resident, Ralph Turtinen. (I-lla) b. Letter from John Batalden, commending Dick Carlquist and Office Susan Gottwald on the D.A.R.E. program at Oakwood Elementary School. (I-llb) c. Letter of appreciation from Lisa Zawtocki, TwinWest Chamber, to Frank Boyles for presentation to the Chamber's Transportation Committee on the Plymouth Metrolink. (I-llc) d. Letter of congratulations from State Representative Peggy Leppik to Jim Willis on his 20th anniversary. (I -11d) e. Letter from Clo Pease and Joan Fredeen, Armstrong High School, to Dick Carlquist, on presentations made by Nia Wronski and Darrell Anderson to the students on personal safety. (I -11e) 12. CORRESPONDENCE: a. Letter from Frank Boyles to William Martineau with respect to a dog biting incident. The attached letter reflects an agreement between the City and Mr. Martineau, whose dog was involved in biting incident on May 12. Mr. Martineau's dog is normally under effective restraint and he has agreed to fence his backyard in order to provide a second level of confinement for the animal. The Council should be aware that Frank Boyles was contacted by the victim's mother who indicates it is her intent to author letters for the newspaper and distribute flyers to Plymouth residents with respect to the City's existing animal control ordinance. (I -12a) CITY COUNCIL INFORMATIONAL MEMO May 24, 1991 Page 5 b. Letter responding to Jeff Crees, BFI Waste systems, from Blair Tremere, concerning the City's Zoning Ordinance and the screening of recycling containers for commercial businesses. (I -12b) c. Letter responding to Paul Swenson, Minnesota DNR, from Blair Tremere, regarding the City review of Shoreland Management Regulations. (I -12c) d. Letter from Steve Erickson, Erickson's Newmarket, responding to Chuck Dillerud's letter to Rich Dorfner, Manager of the Plymouth CUB Store, regarding the outside storage of shopping carts. (I -12d) e. Letter to Mary Ann McCoy, Executive Director, Ethical Practices Board, from Jim Thomson, regarding a meeting with the City Council to discuss the Ethical Practices Act. (I -12e) f. Letter from State Representatives Peggy Leppik, responding to the City Manager's letter on provisions in House File 1086 (franchise fees and tax computation on electricity usage). (I -12f) g. Letter from Lowell Turner, 3430 Fernbrook Lane, to Mayor Bergman, concerning the Trammell Crow's proposed Plymouth Business Center 5th Addition. Also attached is a letter from Fred Moore responding to Mr. Turner's letter. (I -12g) h. Letter from Joanne Wagner Herber, Kamstra Communications, to Mayor Bergman, requesting the Mayor or a City representative to attend an awards presentation for the Wagner Spray Tech Company. (I - 12h) i. Letter to Len Busch from Fred Moore, summarizing a May 17 meeting to discuss the greenhouses at County Road 101 and Medina Road. (I -12i) James G. Willis City Manager as ociation of metropolitan municipalities 5:30 p.m. "3 1991 AMM ANNUAL MEETING •. WHEN: Thursday, May 30,1991 WHERE: Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, Minnesota 55430 - - 6:30 p.m. 7:30 p.m. Social Hour Deluxe Buffet Annual Business (Cash bar) (Carved Round of Beef, Meeting Roast Chicken Breast, Savoyed potatoes, salads, desserts and more) Cost: $23 per person Social hour, dinner and business meeting in the Estate/Captains rooms SPOUSES, SIGNIFICANT OTHERS AND GUESTS ARE WELCOMED! 1. Dinner reservations to Carol Williams (2274008) no later than Thursday, May 23, 1991. (Reservations are not needed if you plan to attend the business meeting portion only. Please channel all reservations through the office of your city Manager/Administrator.) 2. What's going on with the Metropolitan Council? Will it assume more authority over the Re- gional Transit Board? Will it exist after 1993? Please come to the meeting and learn first-hand from Met Council Chair Mary Anderson - a former AMM president - about what changes may be in store for the Met Council as a result of the new party controlling the Governor's Office. 3. What city official wouldn't like saving time and money resolving a dispute, while building up some goodwill? Plan on attending an afternoon workshop on alternative dispute resolution. The AMM, in conjunction with the State Office of Dispute Resolution and the Mediation Center, is sponsoring a workshop on the basics of alternative dispute resolution, specifically mediation. The workshop will be from 2:30 to 5 p.m Please call Carol Williams (227-4008) to sign up for the work- shop. YOU DO NOT NEED TO ATTEND THE ANNUAL MEETING TO ATTEND THE WORKSHOP, AND VICE VERSA. See Map and meeting agenda on reverse DISTRIBUTION NOTE: This notice has been mailed to Mayors, Council members Vo g 2� 9 Managers/Administrators individually. IRA.MAS' 1�'9t to'hi�;�' ?2;; U^Iv.-rci,•J avenues erst. . ;xii, . nninneseta 555101 (612) 227-4008 c�N� 10 '91 M.3 Business Meeting Agenda 1. Welcome to Brooklyn Center, Mayor Todd Paulson. 2. Recognize retiring officers and board directors. 3. Keynote Address: Where is the "new" metropolitan Council headed? Mary Anderson, Chair of the Met Council, shares her thoughts on how relations between that panel and cities may be affected. 4. President's Annual Report, Larry Bakken 5. Annual Election of Officers and Directors: a. Report of Nominating Committee (report enclosed): Walt Fehst, Past President and Nominating Committee Chair. b. Election (President, Vice -President and Directors) 6. Comments of President-elect 7. Discussion of proposed LMC constitutional amendment 7. Adjournment. sr. aa+a` 1► at. wit J �•~ {H � N �� 1 a" E `^ R I CIM V0 Cii. , mf, 16 '91 ClIm MAY, 10 19 1 NOMINATING COMMITTEE REPORT TO: Member city officials FROM: Walt Fehst, Chair RE: Committee Recommendations The committee has completed its work and respectfully recommends the following persons for your consideration, pursuant to by-law Article 1X, section 3. FOR PRESIDENT: Bob Long, Council member, St. Paul FOR VICE-PRESIDENT: Karen Anderson, Council member, Minnetonka FOR BOARD DIRECToRs (Eight to be elected for two year terms): *Bill Barnhart *Richard Enrooth *Ken Mahle *Frank Ongaro Barbara Peterson *Craig Rapp *Tom Spies Brenda Thomas * = Incumbent Coordinator's Office Council member Mayor Mayor's Office Mayor Manager Council member Council member CONTINUING BOARD MEMBERS (One year remaining in term): Don Ashworth Bill Burns Joan Campbell Tom Egan Dave Childs Betty McCollum Gloria Vierling Gene White PAST PRESIDENT: Manager Manager Council member Mayor Manager Council member Council member Council member Larry Bakken Mayor NOMINATING COMMITTEE MEMBERS: Walt Fehst, Chair Bill Buth Joan Campbell JoAnne Growe Mark Nagel Dave Unmacht Ken Wolf Manager Council member Council member Council member Manager Manager Council member Minneapolis St. Anthony Woodbury St. Paul Orono Brooklyn Park Bloomington Roseville Chanhassen Fridley Minneapolis Eagan New Brighton North St. Paul Shakopee Prior Lake Golden Valley Robbinsdale Cottage Grove Minneapolis Arden Hills Anoka Prior Lake Burnsville M. x;1,4 Nll, y 1 n 191 CIM MAY 10'91 COMING TOGETHER BUILDING ON COMMON GROUND PROGRAM SCHEDULE All conference events are in the Mayo Civic Center unless otherwise indicated Tuesday, June 11, 1991 LMC Board of Directors Meeting 1:00 P.M. LMC Conference Planning Committee Meeting 3:30 p.m. Special Kick -Off Event 7:30 p.m. South to the Border—Down Rochester Way Enjoy southern hospitality and a block- buster show featuring comedienne Susan Vass at the Mayo Civic Auditorium. Wednesday, June 12, 1991 Welcome/Opening Session 9:00-10:15 a.m. ANNUAL CONFERENCE "Building on Common Ground" Helen Thomas, White House Bureau Chief, United Press International (UPI) Break 10:15-10:30 a.m. Concurrent Sessions I (choose one) 10:30-11:45 a.m. Especially for policymakers Communicating with the Public • Risks and rewards 0 Matching objectives to specific audiences 0 Dealing with complaints and concerns • Building public support through information activities/mediums (i.e. newsletters, cable TV) 0 Training staff to communicate effectively Especially for staff Employee Development • What is employee development? • Types of programs • Benefits/disadvantages • How to develop a program for your city 0 Case studies Tackling tough times Financial Realities in the '90s This is the fist of three related sessions dealing with fiscal issues. • The financial environment—what's happening? 0 Impact on municipalities 0 Stateflocal government perspectives • How cities can respond 1.-.\ - LA Keeping current Legal and Illegal Gambling in Minnesota 0 Update on current activities and doUars Preview of trends and expected changes 40 Taking control of legal gambling through better licensing and coopera- tion with the state 0 Illegal gambling: Problems, prog- ress, and challenges (i.e. common activities, related crimes, enforcing laws) Special focus Problems of Growing Cities 0 What happens to cities that grow fast? • Common areas of concern (i.e. wastewater treatment, police and fine protection, infrastructure) 0 Importance of leadership and planning • Case histories of a small, a medium, and a large city Exhibitors' Luncheon 11:45 a.m.-1:15 p.m. General session 1:15-2:15 p.m. Dealing with Differences: The Challenge of Cultural Diversity Dr. Edwin Nichols, Director, Nichols and Associates CIM MAY 2 4'91 CIM ww 10'0)1 cwt wit o3,91 MIINNESOTA CRIES / AML 1991 Concurrent Sessions 11 (choose one) 2:30-3:30 p.m. Especially for policymakers Public Speaking for Policymakers O Preparing for public meetings O Presenting your position effectively and tactfully O Handling presentations to the community O Listening: The most important tool Especially for staff Working with Culturally Diverse Groups (skill session) O Better understanding and apprecia- tion of cultural differences in the work place O Characteristics of various cultures O How cultural biases affect decision making O How socialization process shapes attitudes, values, perception, and behavior O Effectively working in and/or man- aging a culturally diverse work force Tackling tough times Enhancing Revenues for Your city O analyzing current budget regarding mix of revenue sources and best use of funds/reserves O Developing a proactive approach O Various strategies available to cities Keeping current Drug Programs—Success Stories/ Funded Models O Update on the drug problem in our cities O Need to combine prevention and enforcement O Funding sources O Success stories—model programs Special focus Problems of Shrinking Cities O Overview: Causes, characteristics, and challenges of shrinking cities O Implications and issues O Strategies to respond—what cities can do (i.e. education, policies, programs) Concurrent Sessions 111 (choose one) 3:45-5:00 p.m. Especially for policymakers An Update on Council Meetings Open Meeting/Data Practices O Update on recent legislative changes and their impact on cities O How to comply O How to deal with the conflict between the two laws in areas such as personnel and economic development Especially for staff Cultural Diversity—Model Programs O Successful programs in other communities 0. Purposes and benefits of such programs O How to set one up in your community O City's role Tackling tough times Minimizing City Expenditures O Developing budget guidelines and expenditure priorities O Discovering opportunities to enhance productivity O Specific ways to stretch dollars O Financing strategies to minimize costs Keeping current Building Better Buildings O Overview of the issues O Planning for quality: Role of the council and staff O Making the building code meet your community's needs O Building officials: What they can and cannot do Special focus Cooperative Approaches Among Cities Does your city have a story to tell about a successful collaborative effort? If so, this session provides a forum for you to share what you've done with other cities that could benefit from your experiences. The session will begin with brief case studies; then a facilitator will open it up to the audience to gather examples of successful efforts. In order for this forum to succeed, participants must come ready to discuss what they have done in the area of collaboration, why, who was involved, what resources they needed, results, pitfalls to avoid. Note: A brief one-page summary would be helpful. City Night 6:00 p.m. Feast on southern fried chicken and Texas barbequed ribs. Thursday, June 13, 1991 Small Cities Leadership Breakfast 8:00 a.m. Importance of Leadership in a Time of Change Concurrent Sessions IV (choose one) 9:00-10:30 a.m. Especially for policymakers Working with Staff (Council - Manager Cities) O Role of elected official and staff O Developing a specific understanding of how and when communication should occur O Developing a team approach O Working from a shared vision, shared agenda, and shared expectations Especially for staff Comp Worth O Review of local government pay equity act (purpose and requirements) O Summary of 1991 legislative changes O Case study of Lakeville's employee position classification systems (in effect since 1984 and serving as a model for other cities ' ) Cl►� MA`! 2 4 cif +viii"=r`t X91 MINNESOTA CMES / APRIL 1991 1! t4",1,Y 16 '91 COMING TOGETHER BUILDING ON COMMON GROUND Tackling tough times Speaking to the Legislature with One Voice This session will focus on efforts of the Summit Group. 0 Purpose fit Who participated 0 Outcome 0 Future plans Keeping current Economic Development for Large Cities 9 Public/private partnerships—what tools are left? (Tax increment financing to equity participation to venture captial) fit Targets/issues for the '90s (labor shortage to business retention) 0 Encouraging the entrepreneur Special focus Economic Development for Small Cities This session will provide specific infor- Ole] I J 1 :4 mation on what's available today to help small cities. fit Minnesota extension services com- munity development programs (i.e. tourism center, project future, retention and expansion follow-up) fit Department of Trade and Economic Development's star city program and business retention and expansion program 0 Tax increment financing fit Community reinvestment fund Concurrent Sessions V (choose one) 10:45-12:15 p.m. Especially for policymakers Working with Staff (Cities Without Manager/Administrator) fit Role of elected official and staff fit Developing specific understanding of how and when communication should occur fit Developing a team approach fit Working from a shared vision, shared agenda, and shared expectations Parade of Flags Are you interested in providing your city's flag to display at the League's 1991 Annual Conference? There will be a Parade of Flags the opening day and we'd like your city flag to be included. Flags should be mailed to Sue Norris, Mayor's Office, 2241st Airenue S.W., Rochester MN 55902. All flags will be returned to cities. If you have any questions regarding the Parade of Flags, please call Dadyne Lang at the League office.■ Especially for staff Employee Recognition fit Why develop a recognition program? 0 Types of programs cities use 0 Components of successful programs fit Deciding what's best for your city fit Getting started Tackling tough times Timely Topic (to be determined) Keeping current Waste Processing Alternatives: Recycling, Composting, Yard Waste fit SCORE update fit Developing markets fit Funding recycling (if state eliminates money) and creating incentives fit Enforcement Special focus Challenges for Small Cities • Overview of key trends affecting small cities (i.e. population declines, limits on raising and spending money, consolidation of schools, quality of living) fit Facing the health care issue Mayors' Association/Mini- Conference Luncheon 12:30-2:00 p.m. Brave New World of Public Policy Richard D. Lamm, Professor and Director, Center for Public Policy and Contemporary Issues, University of Denver. + 9 CIF May 1 �, '9 20 MINNESOTA CITIES I APRIL 1991 CIFA MAY 24'91 CINI N"AY 10'91 Concurrent Sessions VI (choose one) 2:15-3:30 p.m. Especially for policymakers Sister City Programs What is a sister city? Why have one? • Getting started * Fund raising • Benefits of having a sister city Especially for staff Hiring Contract Professionals for Your City 0 How to write a good request for proposal (RFP) 0 Selection process 0 Preparing a contract Tackling tough times Balancing Office, Home, Work 0 Establishing priorities 0 Managing time at home and office 0 Common problems and how to deal with them 0 Note: Presentation will be by a panel composed of adults and children from single -parent and two-parent families. Keeping current Current Issues LMCIT • What's new and what's in the works at the League of Minnesota Cities Insurance Trust S Current risk management issues Special focus Grants for Small Cities * Obtaining a grant is not as hard as you think 0 Where's the money? Overview of what's available (i.e. state and federal programs, foundations) 0 Close look at three specific programs 0 Taking the first step—how to begin League Annual Meeting 3:45 p.m. LMC Reception and Banquet 6:30 p.m. `--r Friday, 1A -A June 14, 1991 Finale General Session 9:30 - 12:00 noon Building Productive Relationships: Personal and Professional Dr. Andrea Molberg, Professional speaker/trainer/lecturer FAMILY AND SPECIAL ACTMTIES) CONTINUED FROM PAGE 2 FAMILY ACTIVITIES Tuesday, June 11 Golf Outing 1:00 P.M. Golf outing at Soldier's Field Golf course. Complimentary tickets for golf, tennis, swimming and recreation center will be available at the Rochester City Desk (in the registration area) through- out the conference. Wednesday, June 12 Eye Opener on the Kahler Mezzanine 7:30-8:30 a.m. Start your day with Rochester's friendly hospitality. Continental break- fast served, compliments of your city hosts. Historic Homes Tours 9:30 a.m. Travel by motorcoach to the beautiful country home of Dr. Charles Mayo, then to the city residence of Dr. Henry Plummer, inventor and doctor of medi- cine. See the beautiful Plummer Gar- dens overlooking the city. Then on to Rochester's beautiful Golf and Country Club for a rrlemorable luncheon and direct from the David Letterman show "The Hat Lady." You won't want to miss a look at the collection and hear the history behind Alvina Sellar's 5,000 hats representing 56 countries, includ- ing hats from Lady Di and Marlene Dietrich. A fascinating collection shared by a woman brimming with life. Advance registration $15. Pick up tick- ets at city desk when you arrive. Thursday, June 13 Eye-opener on the Kahler Mezzanine 8:30-9:30 a.m. Compliments of Rochester. Luncheon 12:00 noon Find out what's in your fashion forecast for the future. Enjoy a delightful lunch- eon in the ballroom of the Radisson Hotel followed by a fashion show from Centerplace Galleria. Win one of the outstanding door prizes. Don't miss this opportunity to mix and mingle, see the latest fashions, and enjoy a relaxing lunch. Advance registration $12. 1:30 p.m. Shop `til you drop at Center - place Galleria downtown Centerplace. CHILDREN'S ACTIVITIES Thursday, June 13 Rec Center 10:30 a.m.-3:00 p.m. Mini bus will depart from the West entrance of the Kahler Hotel for the Rec Center. Kids can enjoy gym activi- ties, ice skating, and swimming. Then on to Shakey's Pizza for lunch and entertainment. Back to the Rec Center for more fun (bring your swimsuit) and return to the Kahler by 3 p.m. Cost: $3. Complimentary passes to city golf courses, tennis courts, rec center, and pools will be available at the Host City desk throughout the conference. C1 f0 MAY 24 91 MINNESOTA CMES / APRIL 1991 21 cli1i logy 10 491 7l- p AM 41 ��. At, from the4 -dinar,�_ ._ _ � _* :� _ r _ - Annual Meetin J in WEST HENNEPIN HUMAN SERVICES PLANNING BOARD 77 _ �r _ a w FRENC%I REGIONAL PARK is located ori Co mty Road Son -- P the north shore of Medicine Lake in Plymouth. from inter- �-- state 494, take County Road 9 (Rockford Road) east I inile to — the park entrance. prom Highway 169, take County Road 9 �. :�vest2 miles to the parkentrance.:Phone' 559-8891(ReLTeation -�• -- w 'Center) = _ lf:•c;---�-'�,,*rr'zS",-'w'+d.S3,� .yar'..1';.y't-9".i••..'3�'�: '",L�` -- . ._ .:.:_ �...-- -- :«+_ � -. ..,. +w. rr.. �rMF"R�'a��'%�`� - ��-k$"• �'"i��-:J<�v.`T :.'it.. 69 �...... , . .. -. _ - _.. «_. ... ,•-_ ...... s- -. --' ,,t- -•.: ^AAeo^, K`.a er .-:e�.,..T�^L `- 5S�* +«i!s _ � S'i✓"T�r-R'" — _ _ -• _- { WRIGHT COUNTY Elm Creek F4 i Park Re ery Crow -Hassan 941 ANOKA COUNT Park Reserve Eastman Nature Coon Rapids Dam 116 Cenlwr Regional Park HENNEPIN2 Regional vsttor Center 35\ e 10 COUNTY f 81 Corrido 19 r F5! L� L5h Lake . n Regional ark % Lake ���•--- Rebecca 55 Park Bake Reserve Park ,,.. eserv' 24 6 INoerenberg 34 O memorialO 12 82 51 i _0 e a WPM French i 84! Regions P3rk _ --- O ---- t j 154 ,y ; RAMSEY sX COUNTY >! , i OQ 1M iMINNEAPOLI 1 � . .Bryant Lake\ � Regional Park 30� L 5 -- t -. 100 , .7 --ice= 1 - - Hyland Lake Carver —4 Q rk Reserve +Q� Park Reserve l Richardson Lowry Nature Canter ... - 34 Nature Center CARVER COUNTS 1innesota 13 _DAKOTA . 0 COUNTY 74 Murphy-Hanrehan SCOTT COUNTY Park Reserve 12 75�� Q 1' Cleary Lake 35 – Aegional Park � � ..- � sass t� 4'91 Main Park Entrance C!Y 2 F' �.awa.'sim►:..i+�`- 'z'.isb:a.ro:...f:aai.u+i�:.: _ ,rrs�j �� � ���aa�+3siliidiill�,'16Y'.,.`....�E... �a.r�� — _ _ ANNUAL MEETING Please return by May 31, 1991 Name Address Phone # Attending The menu will include: Chicken with Mushroom Sauce, Hand Carved Roast Beef, Fresh Fruit, Vegetable Medley, Cake, & Coffee The cost will be $ 11.00 per person Amount enclosed $ Please return top portion of this sheet and check to: West Hennepin Human Services 4100 Vernon Ave South St. Louis Park, Minnesota 55416 M.T ------------------------------------------------Please detach here -------------------------------------------------- Please cut out permit below and place it on. your: dash to receive free parking for the picnic. permit for use of CLIFTON E FRENCH REGIONAL PARK on 6/ 5/91 — 6/ C;/91area in park to be used FPFHS01 HILLSIDE ROOM telephone (000) 920-5533 time arrive 5:30 PM time depart 9:00 PM number in party 0 purpose of visit ANNUAL MEETING/DINNR fee $50.00 PAID condition/equipment SET—UP 5 • 30-6 • 00 FOR BUFFET COMMENTS: — PARKING FEE WAIVED —,S'OPY PERMIT FOR EACH VEHICLE ALSO OAKWOOD _ RrF B V/T RRY/ TNQA DATE: 04/19/91 This permit must be carried while in the park and made available to park personnel upon request. Reservation fees are not refundable if cancellation is made in less than 14 days prior to use date (special refunds for weddings/buildings). A cancellation fee will be assessed. VIOLATIONS OF PARK ORDINANCES ARE MISDEAMEANORS AND CAN RESULT IN REVOCATION OF PERMIT OR ARREST. PERMIT HOLDER RESPONSIBLE FOR ORDINANCE VIOLATIONS AND DAMAGE TO PARK PROPERTY. `1 I, (COPY OF COMMON PARK RULES INCLUDED. ORDINANCES AVAILAB!:E ON REQUEST) Cim VA 24'91 WE ARE PLEASED TO ANNOUNCE A PRACTICAL PRESENTATION FOR ELECTED OFFICIALS, PLANNING COMMISSION MEMBERS, CITY MANAGERS, AND COUNTY AND CITY STAFF ON "CONSTITUTIONAL ISSUES IN LAND USE AND ZONING: DUE PROCESS. EQUAL PROTECTION, AND THE TAKING ISSUE" MAY 29, 1991 2:00 - 5:00 P.M. MARRIOTT CITY CENTER 30 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA RECEPTION FOLLOWS SPONSORED BY: ASSOCIATION OF METROPOLITAN MUNICIPALITIES LEAGUE OF MINNESOTA CITIES METROPOLITAN COUNCIL THE PUBLIC LAW PRACTICE GROUP OF: POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. Lo CIM MAY 2, +ciP,i� 1 °91 ASSOCIATE JUSTICE j SUPREME COURT OF THE Lo STATE STATE OF MINNESOTA JUSTICE SIMONETT WAS APPOINTED TO THE MINNESOTA SUPREME COURT IN 1980, ELECTED IN 1982, AND RE-ELECTED IN 1988. PRIOR TO HIS APPOINTMENT TO THE SUPREME COURT, JUSTICE SIMONETT PRACTICED LAW IN LITTLE FALLS, MINNESOTA. HE IS AN ADJUNCT PROFESSOR AT THE UNIVERSITY OF MINNESOTA LAW SCHOOL, A FELLOW OF AMERICAN COLLEGE OF TRIAL LAWYERS, AND A MEMBER OF THE INTERNATIONAL SOCIETY OF BARRISTERS. MR. CLIFFORD M. GREENE MR. GREENE IS A SHARE14OLOER IN THE NATIONAL LAW FIRM OF POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. WHERE HIS PRACTICE FOCUSES ON ADVISING AND DEFENDING MUNICIPALITIES REGARDING LIABILITY ISSUES AND LAND USE MATTERS. MR. GREENE IS A NATIONAL OFFICER OF THE URBAN, STATE AND LOCAL GOVERNMENT SECTION OF THE AMERICAN BAR ASSOCIATION. HE IS A NATIONAL SPEAKER ON MUNICIPAL LIABILITY AND A FORMER PROFESSOR AT WILLIAM MITCHELL COLLEGE OF LAW. RSVP: MS. MAR'/ KAY SHANNON POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD. 334-2579 1 POPHAM HAIK S C H N O S P I C H & KAUFMAN, LTD. ' CIM MAV 2+'91 CIS MAY 16'91 THE FABRIC AND CONTOURS OF MUNICIPALITIES ARE CHANGING AS WE MOVE FORWARD INTO THE NEXT DECADE. THESE CHANGES INCLUDE EVER -INCREASINGLY CREATIVE LAND USE AND TONING CHALLENGES TO CITY COUNCILS, PLANNING COMMISSIONS, AND MUNICIPAL STAFFS. REDUCTIONS IN STATE AID TO MUNICIPALITIES MAKE IT NECESSARY THAT THEY CONSERVE LIMITED FINANCIAL RESOURCES BY, WHEN POSSIBLE, AVOIDING DISPUTES THAT CHALLENGE LAND USE AND ZONING DECISIONS. PLEASE JOIN US FOR PRACTICAL PRESENTATIONS FOR NON -LAWYERS BY: PROCESSOR EDV.ARD H. ZIEGLER PROFESSOR ZIEGLER IS A NATIONALLY RECOGNIZED AUTHORITY ON LAND USE AND ZONING. HE IS THE AUTHOR OF RATHKOPF'S THE LAW OF ZONING AND PLANNING. A PUBLICATION RELIED ON BY LAND USE LAWYERS, CITY ATTORNEYS, AND THE COURTS. IN THE PRECEDING TWELVE MONTHS ALONE, PROFESSOR ZIEGLER HAS BEEN CITED AS AUTHORITY BY APPELLATE COURTS IN MORE THAN TWELVE STATES. HE IS A TENURED PROFESSOR AT THE UNIVERSITY OF DENVER COLLEGE OF LAW. elm MAS' 24'91 cIN, MSV 16'91 Q O z 0 m r a 0 z D U) a N W) (j) r N M .�z 0 emu 0119 .. 3�.. a a �w z zo co .. F r CO N O M za 2 I a o 0 goo CD L r Z �z vv z 80 0 N F U N 'r) '� a) N o co 0 t N C0 1 NO)1DN0 o a z a,z a?; r N. `° co CO N In V N a N W) (j) 'ODW)FAR LL- ^ *— N N WC -1R 3 M— CY �3 W)CY(7)� - OD Lf) co 0 t N C0 1 NO)1DN0 V) C°Cl) Rt� U. )AN0� � : m N 3 M— CY pp N M tD N f+7 - OD Lf) CIM MAY 24'91 Q Q D f - Q Q _0 EE A� �LU W wz W �U H r --i U Lf) N O N r N C Co r N LL LO> O iC ~ 'd' T Co r N N � OD LO U Rp3 N a N N a a E Co r N N 2z 2z Q� 0 Z o � a a� pr, co p, F. V :: � N T erOOO CF)LO L)8L) N W MO FNM n p F, Of 00 0 Lu M-1 f� t CIM MAY 24'91 00 �2 E 0 U')CY0� Co LO r� r N et M '46 N i i Co M O N O r N M f� t CIM MAY 24'91 A .l COUNCIL CALENDAR - MAY 26 - JUNE 8, 1991 May -June 1991 May 26 May 27 L MEMORIAL DAY - CITY OFFICES CLOSED I May 28 ?' mrJ.: � June 21 June 3 I June 41 May 29 IVVEDNE I DAY: June 5 2:00pm CONSTITUTIONAL ISSUES/LAND USE - 6:15prn WEST HENN. HUMAN SERVICES ANNUAL Marriott Center MTC) - French Pk. 2:00pm DARE GRADUATION - Birchview IMay 30 : THUR5DAY1 ] June 6 5:30pm AMM ANNUAL MTG - Earle Brown Center May 31 R�--A June 7 June 1 � SATVHUAY � June 8 I.Iar S M T W T F 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 9 5/24/1991 Cim MAY 24'91 June- S M T W T F 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 5/24/1991 Cim MAY 24'91 K.7 COUNCIL CALENDAR - JUNE 9 - 22, 1991 June 1991 June 9 SUfQAY June 16 June 10 Mt7I�AY` ' June 17 2 3 6:322m PLYMOUTH FORUM 5 6 7 m REUNGL'vJE'J'NG... 9 10 11 June 11 'DAY ~ June 18 LMC ANNUAL CONFERENCE - Rochester 16 17 7:00pm BOARD OF ZONING 19 20 June 12 IWEDNE 'MY June 19 LMC ANNUAL CONFERENCE - Rochester 25 26 6:45pm PLAN. FORUM 28 29 7:00pm PLANNING COMMISSION June 13 THURSDAY' June 20 LMC ANNUAL CONFERENCE - Rochester 7:00pm PRAC June 14 FAIDAY. June 21 LMC ANNUAL CONFERENCE - Rochester June 15 81A"T'URDAY June 22 t S M T W T F S Duly S M T W T F 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 5/24/1991 CIM MAY 24 '91 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 Duly S M T W T F 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 5/24/1991 CIM MAY 24 '91 May -June 1991 COUNCIL CALENDAR -MAY 26 -NNE 1, 1991 July S M T W T F 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 5/24/1991 GIM MAY 24'91 June S M T W T F 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 July S M T W T F 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 5/24/1991 GIM MAY 24'91 L- \ HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center, Minneapolis. Minnesota 55402 Jeannine Cavanaugh ROBERT A. ALSOP (612)337-9300 JULIE A. LAWLER PAUL D. BAERTSCHI Facsimile (612) 337-9310 CHARLES L. LEFEVERE RONALD H. BATTY rank Boyles JOHN M. LEFEVRE, JR. MARY J. BRENDEN Jocelyn F. Olson ROBERT J. LINDALL STEPHEN J. BUBUL 3400 Plymouth LAURA K. MOLLET ROBERT C. CARLSON 525 Park Street, Suite 200 DANIEL R. NELSON CHRISTINE M. CHALE BARBARA L.PORTW'OOD JOHN B. DEAN WRITER'S DIRECT DIAL MARY' FRANCES SKALA MARY G. DOBBINS EN JAMES M..TALLEN JEFFREY ENG STEFANIE N. GALEV ) (� 337-9219 STEVEN M. DAVID L. GRAVEN OMSOV JAMES J. THOMSON. JR. CORRINE A. HEINE LARRY M. WERTHEIM JAMES S. HOLMES [� May 14, 1991 BONNIE L. WILKINS DAVID J. KENNEDY' JOHN R. LARSON OF COU%SEL WELLINGTON H. LAW ROBERT L. DAVIDSO% JOHN G. HOESCHLER W. J. Cavanaugh John Derus, Chair Jeannine Cavanaugh Board of Commissioners 2015 Aquila Avenue North Hennepin County Gol n Valley, MN 55427 A-2400 Hennepin County Government Center Minneapolis, MN 55478 rank Boyles Assistant City ':Manager Jocelyn F. Olson City of Plymouth Assistant Attorney 3400 Plymouth State of Minnesota -; Plymouth, MN 55447 525 Park Street, Suite 200 Minneapolis, MN 55415 RE: City of Plymouth vs. Cavanaugh Court File No. CD -2215 Our File No. PL100-107 Library Site Ladies and Gentlemen: Enclosed herewith and hereby served upon you is the First Amended Petition and :Motion for Transfer of Title and Right to Possession. The purpose of the amendment is to eliminate a possible title objection in the future due to the historic legal description. I , a cou Robert . Lin RJL:jes Enclosure cc: Jim Thomson (w/enclosure) CIM MAY 24'91 District Court Administrator Hennepin County 12th Floor, Civil Filing Hennepin County Government Center Minneapolis, MN 55478 RE: City of Plymouth vs. Cavanaugh Court File No. CD2190 Our File No. PL100-107 Library Site Dear Sir: Enclosed herewith for filing in this matter is the First Amended Petition and Motion for Transfer of Title and Possebbion. Please file. Enclosure cc: rank Boyle (w/o enclosure) Jim Thomson (w/o enclosure) GIM MAY 24'91 =-1 HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT A. ALSOP (612) 337-9300 JULIE A. LAWLER PAt 1. D. BAERTSCHI Facsimile (612) 337.9310 CHARLES L. LF.FEVERE RONALD H. BATTY JOHN M. LEFEVRE.JR. MARY J. BRENDEN ROBERT J. LINDALL STEPHEN J. BLBC'L LAl'RA K. MOLI,ET ROBERT C. CARLSO.N DANIEL R. NELSON CHRISTINE M. CHALE BARBARA L. PORTWOOD JOHN B. DEAN WRITER'S DIRECT DIAL MARY FRANCES SKALA MARY G. DOBBINS JAMES M. STROMMEN JEFFREY ENG STEVEN M. TALLEN STEFANIE N. GALEY JAMES J. THOMSON, JR. DAVID L. GRAVEN CORRINE A. HEINE LARRY M. WERTHEIM JAMES S. HOLMES BONNIE L. WILKINS DAVID J. KENNEDY 337-9219 JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT L. DAVIDSON May 14, 1991 JOHN G. HOESCHLER District Court Administrator Hennepin County 12th Floor, Civil Filing Hennepin County Government Center Minneapolis, MN 55478 RE: City of Plymouth vs. Cavanaugh Court File No. CD2190 Our File No. PL100-107 Library Site Dear Sir: Enclosed herewith for filing in this matter is the First Amended Petition and Motion for Transfer of Title and Possebbion. Please file. Enclosure cc: rank Boyle (w/o enclosure) Jim Thomson (w/o enclosure) GIM MAY 24'91 STATE OF MINNESOTA COUNTY OF HENNEPIN City of Plymouth, a Minnesota municipal corporation, Petitioner, VS. W.J. Cavanaugh, et al. Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. CD -2215 FIRST AMENDED PETITION AND MOTION FOR TRANSFER OF TITLE AND POSSESSION UNDER MINN. STAT. SECTION 117.042 AND FOR AN ORDER AUTHORIZING ENTRY FOR SURVEYS UNDER MINN. STAT. S 117.041 IN THE MATTER OF THE CONDEMNATION BY THE CITY OF PLYMOUTH OF CERTAIN LANDS IN THE CITY OF PLYMOUTH FOR LIBRARY PURPOSES The City of Plymouth ("Petitioner") for its First Amended Petition herein, respectfully states and alleges: I. Petitioner is a municipal corporation duly organized and existing pursuant to the laws of the State of Minnesota and its Charter ("Charter"), and is authorized by its Charter to acquire property by exercise of the power of eminent domain under and pursuant to Minn. Stat., Chapter 117. II. The purposes for which Petitioner seeks to acquire the interests in lands hereinafter described are public purposes. On March 18, 1991, at a regular meeting of the City Council of the City of Plymouth, said Council, in the exercise of its 1 cim MAY 24'91 =V k legislative powers, adopted a resolution determining that it is suitable, necessary, desireable and reasonable, for a public purpose and in the public interest that the City of Plymouth acquire the lands described in First Amended Exhibit A (attached hereto and incorporated herein) all of which lands are located within the City of Plymouth, County of Hennepin, State of Minnesota ("Subject Property") for library purposes. A copy of that resolution is attached hereto as Exhibit B and incorporated herein. IV. At a meeting dated April 22, 1991 said City Council adopted a resolution directing the acquisition of the Subject Property by use of the "quick take" procedures described in Minn. Stat. §117.042. V. The names of those appearing of record or known to petitioner to be the owners of the Subject Property, including all whom petitioner has, by investigation and inquiry, been able to discover, together with the nature of the ownership of each as can be ascertained, are set forth on said First Amended Exhibit A. &a None of the Subject Property is currently devoted to a public use. VII. Petitioner requires title, interest and possession of the Subject Property in accordance with Minn. Stat. §117.042, as amended, as of July 31, 1991. E GIM Z-1 WHEREFORE, your Petitioner prays that such proceedings may be had as are provided by law and that it acquire by condemnation the Subject Property, against all persons named in First Amended Exhibit A attached hereto and against all persons or parties unknown claiming any right, title, estate, lien or interest in the Subject Property; that it be adjudged and determined that the Subject Property is sought to be taken for a public use and that the taking is authorized by law; that three (3) competent and disinterested persons, residents of Hennepin County, Minnesota, be appointed as commissioners to ascertain and report the amount of damages that will be sustained by the owners on account of the taking of the Subject Property; that the court order and fix the time and place of the first meeting of such commissioners and prescribe their compensation; that they be directed and instructed by the court to proceed according to law to make fair and impartial assessment and award of all damages that will be sustained by the owners by reason of such taking and report the same to this court; that in all cases where, for any reason, it shall be doubtful to whom the award shall be paid, the payment be made to the administrator of such court to be paid out by him or her under the direction of the court; and that such other and further relief be granted as may be appropriate in the premises. Petitioner further prays for an Order of this Court pursuant to Minn. Stat., S 117.042 authorizing the transfer to Petitioner of all right, title, and interests in and to the Subject Property, including the right of possession, effective as of July 31, 1991; provided, that, should surveys or examinations 3 CIM MAY 24'91 undertaken by or on behalf of Petitioner indicate possible presence of pollutants, contaminants or hazardous substances on any of the Subject Property, Petitioner reserves the right to defer effecting the transfer of title of any part of the Subject Property pursuant to Minn. Stat. S 117.042 for a reasonable time until Petitioner can evaluate whether it wishes to proceed with the taking or abandon these proceedings and dismiss this petition. Petitioner further prays for an Order of this Court pursuant to Minn. Stat. S 117.041, as amended, authorizing Petitioner, its employees and agents, to enter the Subject Property to perform appraisals, surveys, soil borings, tests, inspections and evaluations of the land, and conditions present thereon. Dated: May , 1991. HOLMES & GRAVEN, By 4 ERED Robert J. Lin all, #bjz/ / Attorneys Petitioner 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 File No. PL100-107 GIM MAS' 24'91 M_% RJL 5/13/91 FIRST AMENDED EXHIBIT A Description of Interested Persons and Their Interests PARTIES: W.J. Cavanaugh and Jeannine Cavanaugh, husband and wife; State of Minnesota; City of Plymouth; County of Hennepin; All other parties unknown having any right, title or interest in the premises herein, together with the unknown heirs or devisees, if any, of the parties named that may be deceased, together with the spouses of the parties named if any. DESCRIPTION OF PROPERTY TO BE ACQUIRED: Legal Description: That part of the West 491.92 feet of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 21, Township 118 North, Range 22 West of the 5th Principal Meridian lying Northerly of the Northeasterly line of State Highway No. 55 as acquired under Final Certificate filed as Document No. 2871705, According to the map or plat thereof, on file and of record in the Office of the County Recorder for Hennepin County, Minnesota. Together with any and all streets and alleys adjacent thereto, vacated or to be vacated, and together with any and all appurtenant easements. (Abstract Property) The taking of the foregoing real estate is intended to include and result in the taking of all of the contiguous real estate owned and held by the fee owners, including, but not limited to, any contiguous real estate remaining in their ownership following conveyance of title by the fee owners of the real estate described in that certain Contract for Deed between W. J. Cavanaugh and Jeannine E. Cavanaugh, husband and wife, as vendors, and Plymouth Hills Company, a partnership, as vendee, dated April 15, 1976, and filed August 2, 1977 in the office of the County Recorder for Hennepin County, as Document No. 4304429. NATURE OF INTERESTS TO THE BEST OF PETITIONER'S KNOWLEDGE. Notwithstanding any provision hereof or possible interpretation hereof to the contrary, it is the intention of Petitioner to acquire fee simple absolute title to the above-described real estate, including all interests, including but not limited to the following: 1 =-I Fee Owner: W. J. Cavanaugh, as to an undivided 1/2 interest; W. J. Cavanaugh and Jeannine E. Cavanaugh, husband and wife, as to an undivided 1/2 interest Special Assessments, if any: City of Plymouth Real Estate Taxes: State of Minnesota and County of Hennepin (Property Identification No. 21 118 22 22 0009; Plymouth No. 40) Other Interests: All other parties unknown having any right, title or interest in the premises herein, including but not limited to the unknown heirs or devisees, if any, of the parties named that may be deceased, and the spouses of the parties named, if any. Notwithstanding the foregoing to the contrary, Petitioner's title pursuant to this proceeding shall be subject to the following: (a) Right to construct and maintain temporary snow fences over the lands adjacent to State Highway No. 55 acquired by the State of Minnesota as evidenced by Final Certificate filed as Document No. 2871705 and Final Certificate filed as Document No. 3676575. (b) No right of access exists from premises to State Highway No. 55. Right of access was acquired by the State of Minnesota as evidenced by Document Nos. 2871705 and 3676575. (c) Easement for street and utility purposes over the West 60 feet as acquired by the City of Plymouth under Final Certificate filed as Document No. 5748245. (d) Temporary slope easement over the Easterly 10 feet of the Westerly 70 feet as set out in Document No. 5748245 (no expiration date given). 2 cE<r MAV 2'91 EXHIBIT B CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 18th day of March , 1991. The following members were present: Helliwell, Ric er, Vasiliou, Zitur, Bergman The following members were absent: None MOTION was made by Councilmember Helliwell to adopt the following resolution: RESOLUTION NO. 91- 177 AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF A COMMUNITY LIBRARY SITE, CITY PROJECT 103 WHEREAS, the City of Plymouth and its residents have long considered it desireable to have a public library within the City limits; WHEREAS, Hennepin County has indicated a willingness to construct a library within the City if the City will provide to the County land sufficient to satisfy the County's requirements for the site, at a location acceptable to the County; WHEREAS, from among alternative sites submitted to the County, the County has selected the real estate which is described herein ("Subject Property") as the best site for the proposed library; WHEREAS, The City of Plymouth has undertaken City Project No. 103 to acquire the Subject Property for a community library site; and WHEREAS, in order to enable the County to construct the proposed library, the City must acquire title to the Subject Property; and WHEREAS, the Subject Property is located immediately northeasterly of the intersection of TH55 and Vicksburg Lane. Due to its location, the Subject Property enjoys good visibility from TA55 and Vicksburg Lane. This good visibility is an essential requirement for the County to approve any site for the library; WHEREAS, the County has advised the City that the County requires a minimum of 3.8 acres for the proposed library; WHEREAS, if anything less than all of the Subject Property is acquired by the City for the proposed library, representatives of the County have advised the City staff that the parcel acquired will not be acceptable to the County unless it includes that part of the Subject Property lying immediately adjacent to Vicksburg Lane (the westerly portion of the Subject Property); c« mu 24'91 �i WHEREAS, in order to avoid further delay of construction of the library it is essential for the City to acquire the Subject Property before final site planning is complete; WHEREAS, in the opinion of City staff, after subtraction from the Subject Property of rights of way for streets and utilities which are likely to be required to serve the library and the 3.8 acres for the minimum acceptable library site, any remaining portion of the Subject Property would be less than the 1.0 acre minimum buildable parcel specified by the City Zoning Ordinance; WHEREAS, even if all of the Subject Property is not ultimately required for the library, City staff believe the City's cost of acquiring the real estate required for the library if the entire Subject Property is acquired will be less than or equal to the damages if only part of the Subject Property is acquire-; WHEREAS, negotiations with the property owner to acquire the Subject Property have been unsuccessful to date; WHEREAS, the City Council finds it necessary, proper and expedient in the interests of the public health, convenience and general welfare of the citizens of the City of Plymouth for the City to acquire said parcel for purposes of constructing a public library facility (City Project 103); NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Attorney is hereby authorized to commence and complete condemnation proceedings for City Project No. 103 for the following described parcel ("Subject Property"): That part of the W 491.92 ft. of S 1/2 of NW 1/4 of NW 1/4 lying NLY of State Highway No. 55, Sec. 21, Twp. 118, Rge. 22 The motion for adoption of the foregoing resolution was duly seconded by (-,mmrilmPmher Ricker , and upon vote `_teeing taken thereon, the following voted in favor thereof: Helliwell. Ricker, Uncilinii jn '- fol ow ng voted against or abstained: None Whereupon the resolution was declared duly passed and adopted. 2 Ci `' vx 24,91 T! STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, hereby certify that I have carefully compared the foregoing resolution adopted at a regular meeting of the City Council of said City held on March 18, 1991. With the original thereof on file in my office, and the same is a full, true, and complete transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this 10th day of ARril, 1991. La rie Rauenho st City Clerk CIM MAY 24'91 r SgAAB & MGCiULLOUGH HARVEY E. SKAAR MARK C. WCULLOUGM REX L. SUXTON Robert J. Lindall HOLMES & GRAVEN 470 Pillsbury Center Minneapolis, MN 55402 Dear Mr. Lindall: 7;.=-- 1900 ___ 1900 rIRST SANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402-1893 TELEPHONE (6121 333-1511 iAMMILE (612) 333-1323 May 21, 1991 Re: City of Plymouth v. W. J. Cavanaugh Court File No. CD -2215 Library Site Your File No. PL100-107 Thank you for your letter of May 13, 1991, and enclosures. As you may be aware, on May 6, 1991, the League of Plymouth Voters asked the City Councilmembers to make a motion to rescind the "quick take". This request failed as a result of the positions taken by Councilmembers Helliwell, Zitur and Richer. I would like to obtain copies of the minutes of the May 6, 1991 meeting, and I am sending a copy of this letter directly to Laurie Rauenhorst, has she may be able to send these directly to me, however, because litigation is pending, I wanted to notify you of my request and not contact the City directly without notifying you. Again, thank you for your cooperation and furnishing the requested items. Very truly yours, Mark C. McCullough MCMamI cc: Laurie Rauenhorst cr. (C(Olply cim MAY 24'91 JAMES J. THOMSON Attorney at Law Direct Dial(612)337-9209 May 23, 1991 Mr. Frank Boyles City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Charter Commission Dear Frank: HOLWS & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Enclosed is a copy of my letter to Judge Levy summarizing a phone conversation I had with her clerk. As indicated in my letter, please send her all the applications for the Charter Commission that have been received by the City and a copy of the newspaper advertisements. If members of the Council want to send their individual recommendations for appointment to the Charter Commission to Judge Levy, they should do so at the following address: The Honorable Roberta R. Levy Chief Judge, Fourth Judicial District C-1353 Hennepin County Government Center Minneapolis, MN 55487 Judge Levy would like to receive any such letters by June 3, 1991. I talked to Judge Levy's law clerk yesterday, and she indicated that Judge Levy had not yet received any letters from Councilmembers concerning the appointment process. You have asked me whether it is too late for Plymouth residents to submit applications for appointment to the Commission. The answer is that it is not too late to submit such applications. State law allows individuals to submit applications directly to the Chief Judge. The City Council's April 19, 1991 deadline only applied to applications that the City Council wished to review cim my 24'91 =- Q.i Mr. Frank Boyles May 23, 1991 Page 2 before making its recommendation to Judge Levy. Any Plymouth resident who still wishes to submit an application should be informed to submit it to Judge Levy at the above address. Sincerely, James J. Thomson JJT/amm Enclosure PL100-32A cc: Mayor and City Council The Honorable Roberta K. Levy cim MAY 24'91 Z-Q.d HoLmB & GRAVEN CHARTERED .JAMES J. THOMSON 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Attorney at Law Direct Dial (612) 337-9209 May 23, 1991 The Honorable Roberta R. Levy Chief Judge, Fourth Judicial District C-1353 Hennepin County Government Center Minneapolis, MN 55487VA _ Re: City of Plymouth Charter Commission Court File No. 655181 } Dear Judge Levy: Pursuant to my phone conversation with your clerk, I have asked the City Manager to send you all the applications that have been submitted to the City of Plymouth for appointment to the Charter Commission. He will also send you copies of the advertisements that were run in the local paper for the appointment process. Mayor Bergman and Councilmember Vasiliou have indicated that they each sent you a letter indicating their individual preferences for appointment to the Charter Commission. (Your clerk informed me that you have not yet received those letters.) The other Councilmembers each intend to submit their individual choices for appointment to the Charter Commission. Based on my conversation with your clerk, I have informed those Councilmembers that their recommendations should be submitted to you no later than June 3, 1991. Please let me know if I can be of any further assistance. Sincerely, J J. Thomson JJT/amm PL100-32A cc: W'ayor and City Council James Willis CSM MAY 2 u . 1 Dear Mr. Gronli: Enclosed please find a copy of correspondence dated May 15, 1991 which we received from plaintiffs' counsel in the above -captioned matter. By way of this correspondence, plaintiffs' counsel responds to our proposal regarding the certified questions to be submitted to the appellate court in the event the trial court finds the issues presented herein to be important and doubtful. You will note that plaintiffs' counsel has now requested a fourth certified question relating to the requirement of a special election on the issue of the extension of city council members' terms. If after reviewing the enclosed correspondence you have any further questions or comments regarding this matter, please do not hesitate to contact the undersigned. Ve trul ours, Barbara R. Hatch BRH:las Enclosure cc: Mr. Robert Weisbrod (w/enclosure) Mr. Bob Pemberton (w/enclosure) Mr. James G. Willis (w/enclosure) Ms. Carla Heyl (w/enclosure) CELEBRATING YEARS OF LEGAL SERVICE V,,V 'Z4191 V I I�;H MURNANE, CONLIN, WHITE, BRANDT & HOFFMAN ATTORNEYS AT LAW THOMAS M CONLIN • 1800 MER]TOR TOWER JAMES F. BALDWIN ROBERT W. MURNANE 444 CEDAR STREET C. TODD KOF-BELE ROBERT T. WHITE BARBARA R. HATCH JOHN E. BRANDT • SAINT PAUL, MINNESOTA 55101 MICHAEL P. TIERNEY JOHN R. HOFFM.AN • TELEPHONE (612) 271-9411 M. SUSAN BURNS JOHN D. HIRTE JOHN R. SHOEMAKER STEVEN J. KIRSCH STEPHEN J. RONDESTVEDT LAWRENCE R. KING • TELECOPIER (612) 223-5199 DANIEL A. HAWS ANDREWT. SHERN t i� •�..-- "-''- 'I WILLIAM L. MORAN CYNTHIA E. CORNELIUS MICHAEL S. RYAN • SUSAN D. HALL* [1 May 2 0, 1 9 9 1�• THERESE M.PAUTZ .' MICHELE D. SEEHAFER THOMAS A. GIWGAN. JR. PAUL D. PETERSON GAB Business Services, Inc. �1 - STEPHEN E.orro 9531 West 78th Street, Suite 320 1 `�111►J� - PATIUCK DAVID C.C VA RYAN ANASTASI Eden Prairie MN 55344 DANIEL I. TRUDEAU t-" LAURIE W. MEYER •�� V PATRICIA A. MA77HEW5•• JOEL D. HEDBERG Attention: Mr. Doug Gronli �•'�� `� • A130 ADMITTED IN WISCONSIN Re: League of Plymouth Voters, et al v City of Plymouth ALSO ADMITTED IN OKLAHOMA AND NEW MEXICO Your Insured: City of Plymouth E. WILL.ARD MURNANE GAB File No. 56509-00624 976) AU CHARLESESRR. . MURNANE Our File No. 35488 (1913.19821 Dear Mr. Gronli: Enclosed please find a copy of correspondence dated May 15, 1991 which we received from plaintiffs' counsel in the above -captioned matter. By way of this correspondence, plaintiffs' counsel responds to our proposal regarding the certified questions to be submitted to the appellate court in the event the trial court finds the issues presented herein to be important and doubtful. You will note that plaintiffs' counsel has now requested a fourth certified question relating to the requirement of a special election on the issue of the extension of city council members' terms. If after reviewing the enclosed correspondence you have any further questions or comments regarding this matter, please do not hesitate to contact the undersigned. Ve trul ours, Barbara R. Hatch BRH:las Enclosure cc: Mr. Robert Weisbrod (w/enclosure) Mr. Bob Pemberton (w/enclosure) Mr. James G. Willis (w/enclosure) Ms. Carla Heyl (w/enclosure) CELEBRATING YEARS OF LEGAL SERVICE V,,V 'Z4191 V I I�;H =-3 J The Honorable David M. Duffy Hennepin County District Court Room 1358 Hennepin County Minneapolis, MN Government Center 55487 Re: League of Plymouth Voters v. City of Plymouth Court File No. MC 91-003190 Our File No. 51151-1 Dear Judge Duffy: VIA HAND DELIVERY I am one of the attorneys representing the plaintiffs in the above -captioned matter. Your Honor had previously requested the parties to discuss amongst counsel proposed certified questions on the issues raised at the summary judgment hearing held on April 22, 1991. My co -counsel, Mark C. McCullough, submitted to your Honor plaintiffs proposed certified questions in his correspondence dated April 26, 1991. On May 15, 1991, I received a telecopy letter from defendant's counsel setting forth their client's proposed certified questions. Upon receipt of this letter, I telephoned Mr. King and discussed these proposed questions with him. After substantial discussion on the matter, counsel for the parties could not reach an agreement on the precise wording and content of the proposed certified questions. Mr. King continued to voice his concern that the questions should be drafted in a more general nature, while the undersigned felt plaintiffs proposals should be more specific in order to potentially assist our appellate courts in focusing in upon the specific legal issues raised in our summary judgment motion. Since a consensus of opinion could not be reached amongst counsel, it was decided that both parties' proposed questions should be submitted to your Honor for cim MAY 24'91 MEAGHER &GEER SHIRLEY OKRENT LERNER W.D. FLASKAMP CD. KNUDSON TIMOTHY W. RIDLEY R.D. BLANCHARD ATTORNEYS AT LAW VICTORIA L. WAGNER LAURA 1. HANSOM THOMAS L. ADAMS MICHAEL D. HUTCHENS DAVID B. ORFIELD RODGER A. HAGEN GARY W. HOCH JOHN 1. McDONALD. JR. JAMES M. RILEY 4200 MULTIFOODS TOWER - 33 SOUTH SIXTH STREET MARK 1. HELEY JAMES F ROEGGE CHRISTIANEUS RICHARD BLAND MINNEAPOLIS, MINNESOTA 55402 KA R S R. GREGORY SNCE DONALD CHANCE MARK. IR. MA TELEPHONE (612) 338-0661 DAVID A. ANDERSON ROBERT M. FRAZEE M. NELSON KENNETH FACSIMILE (612) 338-8384 ROBERT E. DIEHL GARY M. HAGSTROM GALEN L. BRUER STEVFN C. EGGIMANN JAY C. FENTON BRADLEY M. JONES L. TAHNK-JOHNSON DOUGLAS 1. MUIRHEADRAYMOND AUTHORIZED TO PRACTICE LAW IN THOMAS H. CROUCH CHARLES E. SPEVACEK MINNESOTA, IOWA. ILLINOIS. MICHIGAN AVE CORTHA CHARLES H- BECKER NORTH DAKOTA AND WISCONSIN LEATIIA GREIN WOLTER R IN OL ROBERT E. SALMON JOHN C- HUGHES ROBERT R. FAFINSKI, JR. RANDY A. SHARBONO WILLIAM M. HART MARK BLOOMQUIST OF COUNSEL WRITER'S DIRECT DIAL NUMBER DEBORAH K. SUNDQUIST B.B. MARKHAM CLYDE ANDERSON OSCAR C ADAMSON. 11 347-9186 MARK C. BRENNAN A.W. NELSON I.E. MEAGHER, 19051979 ARTHUR B. GEER, 1906-1977 May 15, 1991 The Honorable David M. Duffy Hennepin County District Court Room 1358 Hennepin County Minneapolis, MN Government Center 55487 Re: League of Plymouth Voters v. City of Plymouth Court File No. MC 91-003190 Our File No. 51151-1 Dear Judge Duffy: VIA HAND DELIVERY I am one of the attorneys representing the plaintiffs in the above -captioned matter. Your Honor had previously requested the parties to discuss amongst counsel proposed certified questions on the issues raised at the summary judgment hearing held on April 22, 1991. My co -counsel, Mark C. McCullough, submitted to your Honor plaintiffs proposed certified questions in his correspondence dated April 26, 1991. On May 15, 1991, I received a telecopy letter from defendant's counsel setting forth their client's proposed certified questions. Upon receipt of this letter, I telephoned Mr. King and discussed these proposed questions with him. After substantial discussion on the matter, counsel for the parties could not reach an agreement on the precise wording and content of the proposed certified questions. Mr. King continued to voice his concern that the questions should be drafted in a more general nature, while the undersigned felt plaintiffs proposals should be more specific in order to potentially assist our appellate courts in focusing in upon the specific legal issues raised in our summary judgment motion. Since a consensus of opinion could not be reached amongst counsel, it was decided that both parties' proposed questions should be submitted to your Honor for cim MAY 24'91 Z3 The Honorable David M. Duffy May 15, 1991 Page 2 review. I therefore enclose here a copy of Mr. McCullough's correspondence dated April 26, 1991 containing plaintiffs proposed certified questions. I would like to note for the court that defendant's proposed questions do not address plaintiffs argument that Minn. Stat. §205.10 should allow for a special election to be held on the issue of extension of council members' terms. I would refer your Honor back to Mr. McCullough's letter at page two, where this legal issue is discussed in greater detail. The additional certified question which flows from this discussion would be as follows: 4. If the previous questions are answered in the negative, does Minn. Stat. §205.01 then require that a special election be held so that the voters of a statutory city can pass judgment on the issue of the extension of city council members' terms? Thank you for your further consideration of this most interesting and important Constitutional challenge. Very truly yours, DAVID A. ANDERSON DAA:rlg:77oo Enclosure cc: Mark McCullough Larry King ,nim KA 24991 NORTHWEST HENNEPIN May 7, 1991 Senator Ember Reichgott G-9 State Capitol St. Paul, MN. 55155 Dear Ember: HUMAN SERVI �-s UNCIL MAY Y U 1991 Cdr' c)r V '040UT-.p . rte.; On behalf of the Northwest Hennepin Human Services Council, I am writing to express our appreciation for all your efforts with the Success By 6 Northwest Initiative. The Northwest Hennepin Human Services Council has been involved in identifying service gaps and program needs since 1972. As a community, we are concerned about our future citizens and recognize that successful children will become tommorrow's leaders. As the suburban planning area with the most children and the most poverty, we know that the barriers our kids face are difficult and becoming more difficult daily. As the fastest growing community, we must be proactive in recognizing and responding to issues. A collaborative approach to problem solving is the only effective method to address growing concerns with reduced resources. All sectors of the community must work together. Your leadership in advocating for our community to be the first replication site for Success By 6 has not gone unnoticed. We also realize the significance of our efforts here for future replication projects. We appreciate your relentless energy and efforts to represent our community and to seek resources to address our issues. We are confident that with you at the helm, the results of Success By 6 Northwest will awaken awareness among our citizens regarding the needs of our children. BROOKLYN CENTER CORCORAN GOLDEN VALLEY MAPLE GROVE BROOKLYN PARK CRYSTAL HANOVER NEW HOPE CHAMPLIN DAYTON HASSAN OSSEO 7601 Kentucky Avenue N. • Brooklyn Park, MN 55428 (612) 493-2802 ` cw VA ' PLYMOUTH ROBBINSDALE ROGERS Again, please know that we appreciate your work and will do what we can to support you Sincerely, Ryan Schroeder, Board Chair Northwest Hennepin Human Services Council cc: Tad Jude John Derus Judy Makowske Gene Merriam Pat McGowan William Luther Lyndon Carlson William Schreiber Phil Carruthers Charlie Weaver Ann Rest Linda Scheid Ron Abrams Warren Limmer Judy Traub Peggy Leppik Ed Eide Duane Ostlund Mary Anderson Joyce Arney Geralyn Barone Anita Beaton Bob Bradshaw Dr. Fred Capshaw Phil Cohen Linda Doyle Delores Fletcher Dr. Gary Joselyn Bruce McFadden Susan Myers Linda Powell Mary Kay Ripp Dave Schoenek Rosie -Smith Pilgrim Ed Theisen Diane Carr Becky Perkins Beverly Propes =.s tenacity and hard in this endeavor. C(M 19V 24'j1 Nl(IiL'iC lyyl 1' CNbCI REGISTER" 1 x=11. Apr , PAGE 1 =' CHEC"" 110 DATE AHOUNT VENDOR DESCUPTION 4732 4-18-91 987.58 Northwest Inn Annual meeting dinners 4733 4-19-91 50.00 Mattie Clarke Annual Meeting entertainment 4734 100.00 Alice & Don Browne Annual Meeting " 4735 25.60 Janine Maly Annual Meeting supplies 4736 63.00 Sally Strand Annual Meeting supplies 4737 5-8-91 90.00 American Red Cross Room rentals supplies & change 4738Office 381.30 American Speedy Print. Business cards- RYI 4739 125.95 Association LIfe Life insurance premium 4740 117.82 Group Health Health Insurance premium 4741 164.40 Ind. School Dist. 281 Printing for Success by Sig 4743 159.53 i Midwest Business Prod. Office supplies 4744 20.00 MN. Senior Federation Senior Leadership membershi 4745 725.00 Kentucky Ave. Bldg. Office rent 4746 28,98 Northwest INN Bal. for Annual Mtg. costs change .4747' 30.23 St. Paul Book & Statio office supplies change 4768 8,72 US Sprint long distance calls change 4749 243.33 United Telephone monthly telephone service 4750 65.00 Christina Stomberg Communicating c/ elders ed. 4751 26.07 Kim Aasland Mileage & misc. expenses 4752 66.56 Vangie Gramstad Health & misc. expenses 4754 18.20 Brian Kamradt mileage expenses 4753 75.84 Mart Hawk Marty March/April Misc. expenses 4764 " Disbursements needed for •17,327.48 The Bridae second qtr. of 1991 ' 4 755 73.56 Amy Vomhof 4756 222'76 Patty Wilder 4757 41.00 Petty Cash/Vangie Miscellenous expenses Glenwood/Inglewood Water or Vif, change.- 4765 12.60 Add. Add. add. add. Nvl=C CaS= 110 DATE 1991 AMOUNT T uCIMCI REGISTER" I=Tll� VVMOA Ate. . P��_ �� DESCDIPTIOIi 4758 5-8-91 77.20 Airport & Airline Taxi Emergency Services -direct 4759 1893.05 CEAP 4760 454.35 HomeFRee Shelter " 4761 56.70 Jack Rabbit Lines 4763 450.00 NEAR " " 4766 " 207.50 Cadv Communications phone jacks etc. (new ed. 4767 14.00 Michael Linburg film developing 4770 1.00 Hennepin County bal. 1990 reimbursement 4769 500.00 Postmaster Postage for meter TOTAL'DI BURSEY.E : $"24 904.31 PAYROLL: 11,642.20 FICA: 890.60 PERA: 451.85 MN. WITH OLDING: 535.00 FED. WITHOLDING: 1 1,403.00 TOTAL EX £NDITURES — $ 39;826.96 I CIM MAY 24'91 Improving Opportunities for Children I*n Northwest Hennepin County -We must make it un-American for any child to grow up poor or without adequate child care, health care, food, shelter, education, and safety from neglect, abuse and violence. - Marian Wright Edelman 1990, Children's Defense Fund CIM R!v ? k,q I M_S7 Northwest Hennepin County Legislative Committee for Young Children Priorities for Children in Need: 1991 Legislative Session Northwest Hennepin County has been chosen as the target area for the first replication of United Way's Success By 6 in suburban and outer county areas. The goal is to develop a strategic approach to reduce barriers that prevent children under age six from receiving necessary services that improve development. The Northwest Hennepin County Legislative Committee is a broadly based initiative aimed at creating community support for all children. The committee is dedicated to the concept that by age six all children will have the necessary mental, physical, social and emotional development to take advantage of opportunities for growth and learning. Northwest Hennepin Success By 6's action agenda contains three major goals: build community awareness and understanding, improve access services for all families and expand collaborations. The following issues surfaced as key concerns for the Northwest Hennepin legislative committee. Many issues are the same as the Minneapolis Success By 6 legislative agenda; others reflect a geographic focus. Head Start Head Start is a comprehensive child development program for low-income children and their families, including seven major service components: education, social services, parent involvement, health, nutrition, transportation and services for children with disabilities. Head Start is authorized by Congress to serve children from age three to compulsory school attendance. Head Start is mandated to serve the poorest applicants first with eligibility set at the federal poverty line. The 1990 federal poverty guidelines are $8,420 — family of two, and $10,560 — family of three. Less than 15 percent of eligible children are served in Hennepin County. There are no Head Start programs located in the northwest suburban area although two-thirds of eligible surburban children reside there. State funding is needed to expand Head Start to northwest suburban locations. One strategy for service will be to use a variety of existing coordinated delivery systems that would work in partnership with Head Start services throughout the community. Way to Grow Way to Grow promotes school readiness for children by coordinating community services that support and assist parents in meeting the developmental needs of their children from conception through age six. United Way's Success By 6 helped initiate Way to Grow and seeks funding to further develop programs in other communities. Northwest Hennepin families could benefit from a Way to Grow program. Extended-day/School-age Child Care The need for affordable high-quality extended -day programs for children of working parents continues to reach crisis proportions. Although over 75 percent of parents who have elementary -age children are in the labor force, no plan to increase the number of these programs has been established. It is estimated that less than 10 percent of eligible children are enrolled in existing programs. The risk of substance abuse, vandalism, poor school performance, poor mental health and early parenting has been linked to cv, 2,411 -. _=- s the failure to provide adequate supervision to these children. Two pieces of legislation are proposed: • Legislation that allows school districts, through community education, equalized local levy/state aid formula, to raise revenue for school-age child-care programs at the rate of $10 per child based on the number of children grades K -eight in the district. Available second year of biennium. $4 million. • Grant process from the Minnesota Department of Education to integrate special -needs children into extended -day programs. $500,000. Child-care Subsidies Over 6,000 Minnesota children are on the waiting list for child-care subsidies. Over 1,000 children are from the northwest suburban area. There are parents who could work or go to school if they had the means to pay for child care. The average cost for child care is $4,000 annually. The recommendation is to increase sliding fee, improve quality and develop a coordinated child-care system. $7 million. Children's Health Care Sixty-eight thousand children in Minnesota had no health insurance last year. An infant with no health coverage is five times as likely to die in the first year of life than an infant covered by health insurance. Twenty-five percent of children under age six had health care delayed because their parents could not afford it. An unattended ear infection can result in a hearing loss and much higher medical and educational costs later in a child's life. In Minnesota, ear infections, asthma and teen suicides are all increasing. The immunization rate among two- to four -year-olds is falling. All children deserve access to health care. AFDC Grant Because they have not beeen increased since 1992, grants to AFDC (Aid to Families with Dependent Children) should be increased. Most Minnesota AFDC families get assistance for two years or less. A family of three receives $6,384 per year on AFDC. The federal government states a family of three is living in poverty if it lives on $10,560 per year. Minnesota children are living at 30 percent below the poverty level. In December 1989, the Northwest Hennepin County suburban AFDC caseload comprised 60 percent of total suburban Hennepin County cases. Child advocates and religious groups are recommending a $50 per month increase for those who do not have subsidized housing. NVIC Women, Infants and Children (WIC) is a supplemental nutrition program that provides assistance in the form of vouchers for protein -rich and iron -rich foods to pregnant women, infants and children at nutritional risk who cannot afford an adequate diet. WIC began as a federal program and has proved to be highly effective in improving the health of women, infants and children. A Harvard University study reports that $1 spent in prenatal nutrition for WIC saves $3 in hospital costs for low -birth -weight babies. Minnesota supplements this federal program with state dollars to WIC to help meet the need. $6 million. Early Childhood Family Education Parent education and activities for families with children birth -five years are available from Northwest Hennepin school districts through state and local funding. An increase in the parent -education levy for infant to four -year-olds and development of a levy to include children K-12 and programs for AFDC recipients is recommended. If you share these concerns for children in Northwest Hennepin County please contact legislators listed on the back. If You Care About Children, Contact State Legislators for Northwest Hennepin County District 45, Sen. Judy Traub, (DFL), 297-8064 District 45A, Rep. Ron. Abrams, (IR), 296-9934 District 45B, Rep. Peggy Leppik, (IR), 296-7026 District 46, Sen. Ember Reichgott, (DFL), 296-2889 District 46A, Rep. Ann Rest, (DFL), 296-4176 District 46B, Rep. Lyndon Carlson (DFL) 296-4255 District 47, Sen. William Luther, (DFL), 296-8869 District 47A, Rep. Linda Scheid, (DFL), 296-3751 District 47B, Rep. Phil Carruthers, (DFL), 296-3709 District 48, Sen. Pat McGowan, (IR), 296-2159 District 48A, Rep. Warren Limmer, (IR), 296-5502 District 48B, Rep. Bill Schreiber, (IR), 296-4128 District 49, Sen. Gene Merriam, (DFL), 296-4154 District 49A, Rep. Charlie Weaver, (IR), 296-1729 Address letters to legislators: State Capitol St. Paul, Minnesota 55155 296-2146 (House), 296-0504 (Senate) For committee information call: Senate Hotline: 296-8088 House Hotline: 296-9283 Northwest Hennepin Success By 6 A project replicating United Way's Success By 6 Chair: Ember Reichgott, State Senator, District 46 Co-chair: Ed Eide, Director, Community Emergency Assistance Program Co-chair: Duane Ostlund, President, First Bank Robbinsdale >i,egislative Committee Co-chairs: Linda Powell, Superintendent, Independent School District 281 Gary Joselyn, Crystal City Councilmember Committee: Roz Anderson Susan Carstens Phil Cohen Beverly Fink Betty Kaplan Joe Langfeld Denise Neznik Nita Quinn Faye Rautio Carole White Project administered by Northwest Hennepin Human Services Council, 7601 Kentucky Avenue North, Brooklyn Park, MN 55428, 493-2802. Staff: Amy Vomhof, Patty Wilder. CiM M"; 2 4'91 Home \. Free Domestic Assault Intervention Project May 20, 1991 Mr. Frank Boyles Plymouth City Offices 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Boyles: 3730 Toledo Ave. N. Telephone Robbinsdale, MN 55422 Business (612) 521-1185 Crisis Line (612) 559-4945 Enclosed is a copy of the 1991 first quarter report for the Plymouth Domestic Assault Intervention Project. If you have further questions or would like a brief presentation at a city council meeting, please feel free to call me. Sincerely, Nancy Senn Project Coordinator CIN" TRnV 7 Zr'91 Domestic Assault Intervention in Crystal, Golden Valley and Plymouth PLYMOUTH DOMESTIC ASSAULT INTERVENTION PROJECT Quarterly Report January 1, 1991 - March 31, 1991 Arrests 24 suspected assailants were arrested for assault in this 3 month period. Complaints Complaints were filed by the city against I 1 suspects in this 3 month period. Complaint Prosecution 2 Guilty 2 Dismissal Arrest Prosecution Guilty pleas were entered by 8 assailants during the court process. 6 cases were continued for dismissal. These cases receive particular attention to ensure further action by the court should the victim be threatened in any way. Counseling for violent behavior was ordered as a part of the conditions of the continuance in 2 cases. Court costs and counseling were ordered in 2 cases and court costs only were ordered in 1 case. 6 cases required no same or similar behavior for a period of 1 year. 1 case was dismissed. $_ complaint cases were pending court action as of March 31, 1991. 5 arrest cases were pending court action as of March 31, 1991. Recividity: 3 Arrest Charges: 24 Fifth Degree Assault Complaint Charges: 7 Fifth Degree Assault _3 Order for Protection Violations 1 Disorderly Conduct 1 Gross Misdemeanor Assault Amendments• Complaint: 2 Fifth Degree to Disorderly Arrest: 4 Fifth Degree to Disorderly y- LO CIM MAY 24'91 = Page 2 Time Time Time Fine Fine CD Behavior Number Served Staved Credit Paid Staved Treatment Treatment Arrests 1 1 30 Days 2 1 1 1 1 4 1 Complaints: 1 90 Days 1 60 Days $500 30 Days $100 $600 30 Days 10 Days $110 30 Days $110 X X X $100 X 35 Days $50 91 Advocacy: The Intervention Project provides 24-hour crisis intervention services to victims of domestic assault. Upon notification of Home Free Shelter by the police, volunteer advocates are contacted and dispatched to offer emergency support services to the victim. Volunteer and staff advocates have been trained to explain the criminal court process, explain the court order for protection and to explain the community resources available to the victim. Advocates assist the victim in both criminal and family court. Shelter: 6 victims received shelter at Home Free. Arrests: 24 24 victims received information about the criminal court process and the availability of the Order for Protection. 4 victims were visited in their homes within an hour after receiving the police call. 14 victims were contacted by phone following the police call but chose not to have a home visit at that time. Follow-up contacts were made by staff throughout the court process. 15 victims were contacted by phone at a later date. Both parties were arrested in 8 incidents and were advised of options through jail visits. 6 victims did take advantage of the Order for Protection and were accompanied to both the filings and the hearings. Parents of 1 victim were assisted in obtaining a harassment order. CIM MAY 2 4 '91 1 Le Page 3 Nonarrests 18 victims whose partners were not arrested received information about options available. 2 women were visited personally by an advocate. 6 women were assisted with obtaining an Order for Protection. 13 women received phone calls and information. 1_ women took advantage of the support group. Phone Contact 143 phone contacts were made with, or on behalf of, victims of domestic violence. Jail visitors are dispatched to meet with the assailants the morning after an arrest. Jail visitors explain the community response to domestic assault and offer information on counseling available for violent behavior. 9 suspects were visited in jail and received information on domestic abuse and counseling options. Visits are not made if the suspect has been released on bail (6 cases), if the suspect is taken to Hennepin County jail (2 cases), if the assailant is taken directly to District Court (1 case), or if there is a hold put on a suspect at hospital (1 case). The Intervention Project was not notified at the time of the arrest in 1 case. 2 suspects were frail and elderly and were not taken to jail, but were separated. Personal contacts were made with both of them. Training; "Domestic Assault: The Law Enforcement Response." This is a 6 hour police training done by a team consisting of a police trainer, a prosecutor, and an advocate. This training was organized and planned in this quarter. It was offered to all cities who participate in the Intervention Project as a way to update and clarify domestic abuse laws, as well as: 1) Understanding how the dynamics of battering impacts officers attitudes. 2) Distinguishing between mutual assaults and self-defense. 3) Establishing probable cause. 4) Charging cases and effective report writing. 5) Making referrals and working with advocacy programs. 6) Understanding liability issues. 7) Responding to violations of civil orders for protection. n 2 Fifth Degree Assault Cases 2 OFP Violations 1 Murder charge C'm MAY 24'91 Page 4 Arrest Prosecution: 2 cases plead guilty 2 cases guilty (609.135) 2 cases were Continued for Dismissal I case Dismissed 4 cases are still pending as of 3/31/91 Complaints: 11 Fifth Degree Assault Cases _3 OFP Violations I_ Gross Misdemeanor Complaint Prosecution: 4 cases plead guilty 2 cases plead guilty (609.135) 3 cases Continued for Dismissal 4 cases still pending as of 3/31/91 Sentencine: Time Time Time Fine Fine CD Behavior Number Served Staved Credit Paid Stayed Treatment Treatment Arrests 1 8 Days 52 Days $100 $100 X 1 10 Days 80 Days $110 X 1 $110 X 1 $100 Complaints: 1 30 Days $100 (Restitution ordered) X 1 $100 X 1 30 Days X 1 55 Days X 1 X 1 $100 CIM MAY 24'91 VOLUME 12 'MAY 1991 NUMBER 1 NEW HOPE JOINSINTERVENTION Home Free's Domestic Assault Intervention Project is pleased to welcome the City of_New Hope. New Hope joins the cities of Crystal, Golden Valley and Plymouth in the Intervention Project._ How did New Hope get an Intervention Project? - Almost three years ago, a group of New Hope citizens began to explore the issue of domestic violence. Feeling that their community needed to do more to respond to the issue, they began to discuss the possibility of bringing the Intervention Project to New Hope. They recruited a committee and planned a community wide Forum on Domestic Abuse, held at St. Joseph's Parish in June of 1990. The Forum, titled "Hope For Our Homes," brought together community members, elected officials, law enforcement personnel, representatives of community organizations and women who had experienced domestic violence. The printed program distributed at the forum included the following sentiment: "In February, 1988, at an early -morning Social Justice Commission meeting at St. Joseph's, we learned about the reality of domestic abuse. Since that time, the Women in Society Group, including parishioners and representatives of Home Free and their Domestic Assault Intervention Project of Crystal, Golden Valley and Plymouth, have worked to respond to the needs outlined almost 2 112 years ago... The challenge of this evening's dialogue is to leave here determined to meet the horror of domestic assault with creative and effective action. We will not tolerate violence 'Just" because it occurs behind closed doors; we will instead find ways to offer "HOPE FOR OUR HOMES." The gathering created an atmosphere of learning and action, out of which came enough public awareness to support an Intervention Project. In December, the New Hope City Council voted to approve funding for the Intervention Project in 1991. What does this mean? The Intervention Project in New Hope, along with a team of volunteers, will coordinate a community response to domestic assault. The Intervention Project staff and volunteers will work through the police, the courts and mental health agencies, maximizing the use of legal controls on assailants and providing them with resources. Staff and volunteers will provide advocacy, information and support for victims of domestic abuse. There will be two community based support groups for domestic assault victims, one a support group and the other an eight week educational group. The Intervention Project has just completed organizing and participating in an extensive six hour Police Training called "Domestic Assault Response: The Law Enforcement Approach". This training was offered on three occasions to include all New Hope line officers. Officers from the Intervention Cities of Plymouth and Crystal also attended. For information on what the Domestic Assault Intervention Project does, see the interview, "I Don't Deserve This" in this edition of the newsletter, or call 521-1185. Home Free congratulates the dedicated and determined individuals who came together as a group, committed to confronting violence in the community. Your efforts are making a difference in the lives of your neighbors, women and children hoping to live without fear. Inside This Issue: 1990 Annual Report "I Don't Deserve This" You Can -Help! !V MAY 2 4 '91 Home Free Community Advocacy Program A Child's Perspective on Home Free Disciplining Without Hitting: Alternate Forms of Discipline Printed On Recycled Paper 1990 Annual,"Report Home Free Shelter provides short-term emergency housing, advocacy and support services to battered women and their children within a'self-help model. Staff is available twenty- four hours a day to provide advocacy for women and children within legal, housing and social service systems, and to give them information and individual support. 236 women housed 112% occupancy rate 301 children housed 3,000 active volunteer hours 1,497 information & support calls 3,200 people attending presentations 1,408 requests for shelter Intervention Projects in the cities of Plymouth, Crystal and Golden Valley coordinate the efforts of law enforcement, criminal justice and mental health systems and community volunteers in responding to domestic assault. Staff and volunteers are available twenty- four hours a day to provide information and advocacy to women by phone and in their homes within an hour of arrest and jail visits to assailants. Police Response 159 arrests Court Response 116 guilty findings 23 pending court 46 continued for dismissal 14 dismissed Advocacy 27 home visits 94 phone contacts 80 jail visits 168 information and support calls 48 protection orders 99 women attending groups 12,000 active volunteer hours Community Advocates offer services outside of the shelter to battered women in the Northwest Hennepin area who are experiencing physical and/or emotional abuse by their partners or former partners. Personal Contacts 126 information and support 31 home visits 1 hospital visit 99 transportation 27 protection order filings 135 advocacy (legal, social services, welfare) Phone Calls 271 requests for information, support and advocacy 738 follow-ups with information and support for former residents 158 systems advocacy on behalf of battered women Community Education Presentations Join the thousands!! During the past decade, thousands of people have attended a presentation to learn more about Home Free and domestic violence. Now we want to add you to this group of informed and concerned community members. Home Free has staff members and volunteers who can provide informatio on battering as well as the services we provide at the Shelter. Invite us to your organization, religious group, school or civic group. To schedule a presentation, please call Lisa Vecoli at 559-9008. CIM h!'W 2 b. 't! I 11 - - on t eserve iS�_ The following is an edited transcript of an before I left, and he was talking okay, but all of a interview between Nancy Senn, Intervention sudden it was like a fuse. He turned around and he _ Project Coordinator, and "Lisa", a New Hope came after me and started choking me behind the door. ' resident, staying at Home Free Shelter. I started yelling "Police, Police" and the policeman did Lisa: I've lived in the New Hope area for come running in right away. - approximately 5-6 months. In January I went to a Nancy: The police didn't arrest him for trying to choke shelter after he had been abusing me, mostly just "'you? hitting my head and things like that and verbally Lisa: No, he didn't. abusing me and stuff. One night he just got really Nancy: Maybe we could go to the night that the police frustrated with my 14 month old, who at the time was did make the arrest. That was just recently, right?. maybe 10 months old. He handed me the baby and said Lisa: That was Monday night. We had decided not to a few nasty words and hit me really hard across the live together anymore. He moved out Monday head. The next day while I was at work I kept thinking afternoon. I had gone out with my friend to the mall and "I don't deserve this." A good friend at work told me we had come home. I put my children to bed. She has a about a shelter out in the Inver Grove Heights area. I little baby so we were holding the baby and she was went there that night. I was there for about four or five feeding him. We were watching a movie and the -door days. opened, but I had the chain on the door. I knew it was Nancy: What happened after that? Did you go back him, but I went up to the door and looked through the and try to make a go of the relationship? peep hole and saw him and his friend. I felt comfortable Lisa: I did go back because he said that he would letting him in, so I undid the chain and he came in and change and he would never do this again and I believed he was very, very drunk. I did go into the room to talk him. It did get better for awhile. Or for two months, to him, and he got angry because I had cut my hair and exactly, because he did stop drinking. He was still he felt with it having been his last day to be with me .very controlling in his ways, always telling me what to that I shouldn't have invited my friend over. He just do and how to do it. How to raise my own children. But started getting verbally abusive and I walked away for two months we got along pretty well. He was really from him. He got_ really angry and he said "Okay, get trying to make an attempt to not hit me, not to get out, get out, this is my apartment, you get out". He mad. He said his temper went on a scale and he was said "I'm gonna go get your kids". Then he mentioned trying to control it so it wouldn't get really high on the that he had called my ex-husband. I asked him why scale. But then on March 4th, again, we were having and he said "I know you've been lying to me, just get an argument and he hit me again that day. With my out". And then I said fine, I'm going to call your mother son present, sitting in my arms. and I picked up the phone. He kept saying, "Don't call Nancy: Did you call the police at that time? my parents, don't call them." He was just. rattling off Lisa: No, because whenever I did try to call the because he was drunk obviously. Then I said "I'm police, or even go near a telephone, he'd unplug the going to call the police" and I dialed 911. I was afraid phones out of the wall or threaten me in some way. of him because I know when he gets drunk like that he That if I ever got him in jail or called the cops that he gets goofy. So I called the cops and instantly he came would hurt me in some way or kill me or something. Or running towards me and hit me in my chest and the one he liked to use was that he would help my ex- grabbed the portable phone away from me and broke husband take the boys away from me. In some way the antenna off. Then he walked toward my children's threaten me so I wouldn't leave him. And he'd promise room and I went after him and I said, "Please do not go of course that he'd never do it again. That it was my in there. Don't go near my children." And he said, "Oh, fault when he hit me. "If I hadn't pushed his button..." . I'm not gonna do anything, I'm just gonna get them up that was his famous line. and get the things packed." I said, "No, don't." He Nancy: Can you talk about the incident where you did went towards either the bathroom or the other call the New Hope police? bedroom and that's when I went into the kitchen and Lisa: Oh, yes. This was when I was at the shelter picked up the other phone and dialed 911 again. He back in January. I went to pick up my clothes and came after me again and grabbed that phone away from things. I called the New Hope police and the policeman me. So I ran around the kitchen and went to the dining met me in the front lobby. We went to the apartment room where his friend was standing and my friend at and knocked on the door. I had asked the policeman to that time was standing with her baby. He came up to stay outside the door, because I did not want to scare me and he hit me and threw me across the table and I my abuser right away. As I went in he was sitting landed on the floor in the corner of the dining room there, angry, and I don't know if he had been drinking where he proceed to kick me, while his friend just or not. He said that we should have talked about this stood there watching this whole thing. - Continued on page 6 GIM MAY 24'91 Home Free Commundt_ Advocacy Program T. 1990 was a very busy year for the community advocates. Our visibility in the community resulted in an even greater demand for services for battered women in the eleven Northwest Hennepin County municipalities outside the intervention Project area. Staffed by only two part-time advocates, we responded to more than 3000 telephone calls from battered women and assisted over 100 women in receiving protection orders and other essential services in 1990. - After having been a shelter advocate for nearly five years, I have found the transition to being a community advocate both exciting and challenging. Our primary focus is _to work with women in the •;community, removing barriers that prevent them from receiving the justice, protection, and services they, a deserve. I really enjoy providing women with support and advocacy in dealing with the legal and criminal justice systems, and helping them regain control of their lives.' There are aspects of working within the legal system that I did not anticipate. Doing systems advocacy can be very challenging, from the standpoint of working to change the attitudes and belief systems of people in power who make decisions having dramatic effects on battered women and their children. This ; 'kind of change doesn't happen overnight. What's really frustrating is recognizing that the system doesn't always work for the woman; I have to be honest with her about that. It's sometimes a challenge to stay patient and optimistic, but I see the -value of my efforts and want to continue working to end violence in the lives of women and children. If you are in a battering relationship, be aware that Home Free Community Advocates are available to listen to your concerns and offer information on domestic violence, options, and resources. We support _ the decisions that you make and work with you to meet your goals. Don't suffer in silence. Each one of us has the right to live in peace and dignity. Call either Bonny or Sue at 521-1366. -Bonny, Community Advocate Community. Advocacy Cities: You Can Help:. Offer support and assistance to the women you know who are being battered. Let them make their own choices. Invite a speaker from Home Free to come to your civic, social or religious organization i to present information about domestic violence and the resources available. Encourage your group to hold a fundraiser with the proceeds going to Home Free. Get involved - volunteer your time. Make a donation to Home Free, either financial or any of the items listed below. For information on donations, contact Linda at 559-9008. We Need: Linens(twin size), pillow cases, blankets Towels and washcloths Twin size mattresses Silverware High chairs, strollers, cribs, car seats Personal supplies, soap, shampoo, etc. Gift items for women and children Household items, plates, pots Small appliances, lamps, alarm clocks - All Donations Are Tax Deductible. - 521-1366 Brooklyn Park Champlin Corcoran Dayton Hanover Hassan Maple Grove Osseo Robbinsdale Rogers Intervention Cities: 521-1185 Crystal Golden Valley New Hope Plymouth (Brooklyn Center has an independent Intervention Project, 572-4109.) Home Free Shelter: 559-4945 Special Thanks: - Home Free's Domestic Assault Intervention Project would like to extend our sincere thanks to all those who helped in the - planning and implementation of the Domestic Assault Police Training on April 9th, 11 th and 19th. This kind of training calls for a team approach, including a police trainer, an advocate and a prosecutor. Thanks to Sgt. Ron Foreman for agreeing to be the police trainer at all three - sessions, to Bill Strait, New Hope City Attorney, for attending and facilitating two sessions and also Steve Fallen, Plymouth City Attorney, for agreeing to help facilitate on the 19th. Thanks also to New Hope Police Chief Kastanos for being so supportive and for his attendance at the training. CIM MAY 24'91 maim .A Child's -Perspective*'"'-gin _Home :Tt.ree I am a nine-year-old staying at Home Free with my mom and mylittle brother, who is four. We came here because my dad was hitting my mom and threatening us and we needed a safe place to stay to get away from him. It was scary the night we got here. The police brought us here in the middle of the night. The next morning when we got up there were so many people to meet. There was so muchnoise and lots of little kids. I felt really lost and was worried about what would happen to us. . The people here are really nice and friendly, so after a while I got used to living here. It's really hard to remember all the rules and there are some I don't like. I wish I could get food for myself, instead of asking my mom to get it for me all the time. Older kids should be able to climb over the fence if they want, because I know how to swim so it wouldn't matter if I fell in the lake. They also have a no -hitting rule that's good, except my mom can't spank my little brother. He knows it too and is running all over and getting into trouble. My mom is getting really upset with him because he won't do what she says. I think all the little kids run around and get into trouble too much. They never listen to their moms either. The worst part about being here is that there isn't any privacy because .the little kids always go into -other people's rooms. I don't want to bring any of my stuff here because I'm afraid it will get wrecked or -taken. I wish the food here was better too, it seems like the only kind of food they have is the kind adults like. I like it better when my mom cooks for me. It's also hard being here because I miss my friends, my old school, my dog and most of all I miss my dad. I know we are here because of him but I still miss him because he's my dad. I get to go to a really nice school here. The kids and my teacher are nice. I will be sad when I have to leave and go to another school. This is a really neat place and I'm glad I'm here. I can talk to the Child Advocates if I need to and they can help me with problems that I have. I can go to kids' support groups and learn how to protect myself and about different kinds of abuse. The kids also get to go on fun activities or outside to play. My mom can get help and be safe here. I feel happy and sad about leaving here, I will miss being here and all the people but I'm excited to live in our new apartment. Home Free is great!! *This is a fictional account based on discussions with kids at Home Free. Disciplining without Hitting: Alternative Forms of Discipline 1. Time Out: Place child in "Time Out" immediately after mis-behavior. Put child in a neutral place, such as a chair, quiet spot in room or another room. The child should be in the time- out one minute per year of age (a four year old would be in a time out for four minutes). 2. Taking away privileges: Let your child know what is unacceptable behavior and what will happen if that behavior continues. You might want to restrict TV time, take away a favorite toy for a day, or restrict visits and playtime with friends. This kind of discipline does not need to be complicated and the restrictions should not be lengthy. If you restrict TV, start with taking off 15 minutes and if the behavior continues increase that amount. 3. Rewards: For recurring behavior that is unacceptable a reward system might work. Rewards can be small, like stickers, stay up an extra half hour, go to a park, spend time with a special friend, rent a movie of the child's choice, etc. Rewards can be large, like a special toy or activity. Have a chart available for the child to see progress. On the chart you can make a mark or star for acceptable behavior. You can decide how many stars the child will need to get in order to receive the reward. Do not make it too large of a number and do not make marks for undesirable behavior. Things to remember about disciplining children: 1. Keep in mind the age of the child, and what he or she can understand. 2. Make sure the child knows the rules. 3. Make sure the child knows the consequences of misbehavior. 4. Be consistent, and follow through. 5. If the amount of time between misbehavior and discipline is too long, the child will forget what he or she is being disciplined for. 6. If the discipline is too lengthy, in grounding or time outs, the child will forget why he or she is being disciplined. 7. Catch children being good and praise good behavior. 8. Remember that kids can have bad days and make mistakes too. - Kari Iverson, Children's Advocate an; ¢: Limit �% 1- 9^4 circ MAV 24'91 "I Don't Deserve This" continued from page . Nancy:Did they with you the option of going y y P g- g .3 to the shelter. Finally his friend said to him "That's enough." At that Lisa: Yes, they did. But I felt pretty safe since he was time I had said to him "Please let my friend leave," or,. in jail, arrested, and he could not get out until the next = while he was kicking me I guess I said it. She ran out morning. And then they told me they would call you and was knocking on apartment doors and stuff. She and that you would call me early in the morning. They saw the cops running towards her. It had only been stayed with me for about an hour. It was really nice. maybe five or ten minutes when they arrived. They And then they left, and at that time I called my friend were really fast. When they came in he was going to and -1 started talking. So I felt a lot better knowing at hit me again or something and instantly he just stood least where I was going to be going, what was going back. They took him away and that's when they took to happen in the morning, going to file the papers. my statement. Nancy: You decided you wanted to get an Order For, Nancy: How did you feel that they treated you? I Protection? mean how did they approach you? Lisa: Yes. I did want to get the Order For Protection • Lisa: They were very nice. They treated me with and they explained all that to me and they said you respect, I should say. I sat down on my couch and they would know a lot more about it. And that you would let me calm down a little bit because I was crying. And call me in the morning and you did. It was nice. they slowly started asking me questions. Nancy: So -then at that time you had made a decision - Nancy: Did they talk to you a little bit about what the- to come to the shelter with your children? Intervention Project was about? Or that someoneLisa: Yes. would be calling you? Nancy: So you could be in a safe place in case he did Lisa: They handed me a pamphlet called "Domestic get out of jail? Intervention Abuse" or something like that. They did 'Lisa: Yes. tell me about this project, about some advocates that Nancy: About what time was that? Was that early in would come out tonight if that was okay with me. I the morning that you went down to get your Order For said that was fine. So one of the policemen went to the Protection? phone and went ahead and called, with my permission. Lisa: Yes, it was probably 8:30. And it was done Nancy: So you talked with Maria at the shelter and really fast. It went pretty good. We got there, they you also must have gotten a call from the volunteer saw us, in about 10 minutes. advocates? Nancy: I remember we drove it out to the Brooklyn Lisa: Carol and Flo. Carol called me and asked me if Center Court House. she could come out and talk with me a little bit and Lisa: You got it there in time to have him served. He explain things to me. So within a half hour or so they hadn't even been seen by the judge at all. were out. Nancy: No, he was still in custody. Nancy: So were you by yourself between that time Lisa: Which was good that it happened like that. when the police left? Nancy: Could you talk a little bit about going to the Lisa: Yes, I was. police station to get pictures taken? Nancy: Did you have any thoughts about the Lisa: Oh, that's right. Since I had several bruises up advocates coming out to do a home visit? Did that on my legs and a light one on my neck and stuff, we seem really strange to you? went to the New Hope Police Department, where Lisa: Yes, because when I was at that other shelter Nancy told them that the Prosecutor needed pictures they never did anything like this. I thought it was of my bruises in order to prosecute my abuser. The really nice, especially being by myself. My children police brought us into a room and got the camera ready were sleeping. It was very comforting to know that and took pictures of the bruises as best as they could. there was somebody coming out to talk to me. Nancy: Did it make the experience a little bit easier Nancy: And did you have some questions that you did to have an advocate be with you when you were need to ask? having the pictures taken? - Lisa: I was more afraid that he could come, or my Lisa: Definitely, yes. You were very supportive all abuser could come after me or things like that. And day, so that helped.- elped.about aboutwhere to go and what to do. They explained a Nancy: After that you went back to the Shelter. lot. After they spoke to me I didn't really have any Lisa: Yes, it was uncomfortable at first. There's a lot questions because they explained a lot to me. of children and things but everybody's been really nice. Nancy: Did you feel okay about the way Carol and The advocates there are really, really nice. I sat and Flo came into your home and talked with you? I mean talked with a few of the residents and it has helped to they handled that in a way you thought was respectful? see that I'm not the only one that has gone through Lisa: Yes, very much. what I have. You know, it's funny to start listening Nancy: What happened after Carol and Flo left? about the control that abusers really have, and it's not Lisa: Well, they didn't leave until they made sure i just my abuser. It's their abusers, too. So that was felt comfortable to stay that night. interesting. And it has helped to talk about that. circ MAV 24'91 Nancy: You were talking a little bit about the nurse night to an abuse group. So be did attend one meeting. that came. Lisa: Oh yeah, the public health nurse. Nancy: Is that something that happens every week? Lisa: Yeah, it's a weekly thing. She comes out and she has a group for an hour and a half where she lets • us pick the topic. She has ten or fifteen folders of different topics. The topic today was how to deal with children's anger. Or how to help them deal with it, which was neat. It was helpful. The anger that they're all feeling, most of the children right now, having seen their mother being abused or whatever and just the changes of residency and all that stuff. They build up anger in their own way, so it was good to learn how to help them deal with it. She was very nice and she let -us vent our feelings a lot. Nancy: One thing I wanted to talk about was the process of, when you're in a violent relationship, the time that it takes to make changes in your life and to understand the violence, understand what is going on. Can you see that process in yourself? Lisa: Yes. I'm starting to realize that it was not my fault that he hit me. It was not my fault that he would get angry or that I would supposedly push his buttons. That it was him, that he did not have control of himself. It really was not my fault. And that I'm not a bad person or anything. It was very hard to live with that control that he had over me. I mean I couldn't even think with my own mind. He'd tell me how to do anything. How to feed my children, what to cook for them. When I cut my hair, I cut four inches off my hair. It's my hair. He trims his mustache, I don't tell him how to trim it. It really bothered me, I mean I'm still the same person whether I have hair or not. Nancy: What do you think about the community's response to him? Do you think he should go to jail? Lisa: Well, I do think he should go to jail but I think he definitely needs counseling, number one. Nancy: You mean counseling for violence? Lisa: Violence and his alcoholism, but definitely violence. I mean, he has no right to do that to anybody. He did grow up in that background, but he has to realize that that is wrong behavior. Whether he did learn it from his father or whatever, but it's not right. Nancy: He said that he saw his father beating his mother? Lisa: His mother. He would get in the way to help his mother and his father would beat him and his brother. So both him and his brother have been abusive in their relationships. He does need help, you know, counseling for that abusiveness. But I do think he should serve time. Personally, I think he should. I don't think he should be able to get away with it without some punishment. Nancy: Did he ever admit that he was violent to you and that it was wrong or was he more in denial? Lisa: He did, back in January when I went to that shelter the first time and he really wanted me to come back really bad and I came back, he promised me he would start going to AA and stuff, and he did go one He had to fill out this questionnaire, without putting his name on it or anything, saying did he abuse somebody and this and that, and he did answer the questions "Yes, I did. I stopped or have." So he did admit to it then. And he has admitted, yes, that he's hit me but he's also always blamed me in some way for it.. So he still won't take total blame. It's something he - .definitely needs to work on. - . Nancy: You had mentioned that you found out that he had abused a former girlfriend, too. Lisa: Yes. After the day that I left him in January, I spoke to his parents, because of course he'd made me feel guilty and said he was going to commit suicide. So I went to his parent's house because I was worried about him and I asked them to please go check on him. When I was leaving, his mother said to me that she had hoped that he would have changed and that this would never have happened again. I said "What do you mean? Has he done this before? And she said yes. Then she told me the ex -girlfriend's name that he had done this to. And then I found out from him, because I asked him, or I confronted him about that, and he said yes. I asked him if he had served any time or anything for that. I think it was only a month, 30 days work release or something like that... and had to go to maybe some counseling for it, but it obviously didn't help. Nancy: Is there anything else that you want to say? Lisa: I just want to thank you all, for all the support you given me. It's really, really helped. Volunteer Opportunities Volunteers make a difference at Home Free. Every individual who gets involved enables us to meet the needs of more women and children who are seeking a life without violence. Provide Crisis Phone Coverage Do Home Visits Through Intervention Offer Information, Support And Referrals Do Jail Visits Spend Time With Children We offer training, flexible scheduling and the knowledge that you are part of the effort to end domestic violence. If you have a few hours a week, you can make a difference. Be Part Of The Solution For more information, contact Lisa Vecoli at 559-9008 CIM MAY 24'91 METROPOLITAN AIRPORTS COMMISSION �E,Pt'S 5q ti,o Minneapolis -Saint Paul International Airport 6040 - 28th Avenue South • Minneapolis, MN 55450 o Phone (612) 726-8100 • Fax (612) 726-5296 p N t � O o t Coo ~'a w PO pt9 May 17, 1991 Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Bergman: We wanted to let you know that a series of public meetings are being held throughout the metropolitan area to provide information on six proposed concepts for possible development of Minneapolis -St. Paul International Airport. These meetings are part of an ongoing effort to keep the public informed about the "dual -track" airport planning process, which was established by the Minnesota Legislature's Metropolitan Airport Planning Act of 1989. The Metropolitan Airports Commission will host a public meeting in your area on Wednesday, May 29, 7:00 p.m. at Wayzata West Jr. High School. In addition to our presentation, we plan to hand out a brochure which describes each of the airfield/terminal concepts (a copy is enclosed). We will also answer questions and welcome feedback from the public. We encourage you to inform your community about this event. If we can provide you with any additional information, please call Jenn Unruh at 726-8189 or Pat Goodwin at 338-3173. Sincerely, Nigel Finne Deputy Executive Director Planning and Environment Enclosures The Metropolitan Airports Commission is an affirmative action employer. MAY 24'91 Retie, er Airports: AIRLAKE • ANOKA COUNTY-BLAINE • CRYSTAL • FLYING CLOUD • LAKE ELMO • SAINT PAUL DOWNTOWN M-1 o C c N Qy� u a N CC t71 fd ? Q+ O Gam. C u v 72 v s c o c EUS~ n L $ -0 ^i Ll c� i N.�n F v v 'A ao o v v21 v' to 3 "v �; v 01 L L 7Gn„ c ' v E cE�� v c c -� o s >•= c IM ms v v cera �ou o 0 �, E N � c N o '"a3 c • `° G toU f �l V y �J C ft{ �i I� c f� N C Q-- Cl. C S u y u ti ii p u CO c^ V v u r ii. 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La' rx "' 9° o �A E° ° C: o L) E E Q a: CJ °, Jx y L �hh^^ �l C �C� _ U G ° bd M� ° cu s V ° E U E g La _ `° c4 W CO do cc v o to V c LOt cn y v CF L E aVOL V y Y C40 O y c > o = u c Y 0. Acis 3�H�c�Qv z L tC s c � O C L 4d O cu V Y V "Cop Ca aE v o G. L INCGa L. s = a. ❑ :3c DC c E N r .0 C ON �• C 'C v C E cm cm > .�. v �O . y ' eo v • V c� > cd i'. y 00 O s CJ -v o0 0 0 aco E c o o ao E CIM MAY 24'91 May 21, 1991 Mr. Len Busch 4045 County Road 101 Plymouth, MN 55446 SUBJECT: SPECIAL ASSESSMENTS Dear Mr. Busch: Upon your request, we are drafting this letter to explain the status of special assessments on the two properties you own, one adjacent to County Road 101, and the other adjacent to Medina Road. PIN 18-118-22-31-0001 - This property is adjacent to Medina Road and currently outside of the metropolitan urban service area for sanitary sewer. Because of the status, the City will not presently assess this property for any special assessment at this time. If in the future you wish to hook up to the existing watermain along Medina Road, there would be area assessments based on the total acreage of the parcel and a lateral assessment based on the cost of the lateral line along Medina Road. PIN 18-118-22-13-0003 - This property is adjacent to County Road 101. The City has held public hearing improvements for both trunk watermain and trunk sanitary sewer which will serve this piece of property. For City Project No. 014, sewer area assessments are currently pending in the amount of $16,218.40. City Project No. 012, water area assessments are currently pending in the amount of $28,474.35. If you wish additional information, please do not hesitate to contact me. Sincerely, ,6;,4 �61-X-14&e Daniel K. Campbell Senior Engineering Technician DKC:kh cc: Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer Dick Pouliot, Project Coordinator CIM Mil 21r'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 ,�,• va.�.., Mr. Len Busch May 24, 1991 Page Three As was stated at the meeting that if you want City Council approval on the berming/landscaping plan and your application to construct four additional buildings, this would delay the street improvement project. I and other staff members assured you that we would work cooperatively in order that your applications can be processed to the Planning Commission and City Council as rapidly as possible. This also assumes that if any additional material is required, that you will see that it is provided in a timely fashion. If this letter does not accurately summarize our meeting, please contact me in order that any misunderstandings can be clarified. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh cc: Frank Boyles, Assistant City Manager Chuck Dillerud, Community Development Coordinator Daniel L. Faulkner, City Engineer Dick Pouliot Gjhj MN` 2-4'91 Mr. Len Busch May 24, 1991 Page Two ADDITIONAL FOUR BUILDINGS: You stated that you wanted to proceed with adding four additional greenhouses to the complex. The City Council approval in 1990 specifically stated it was only for the two structures which have been constructed. In order to add any additional structures, it will require a new permit application. The application must be reviewed by the Planning Commission and approved by the City Council. You also received the necessary application forms for this submittal. BERMING/LANDSCAPING PLAN ALONG MEDINA ROAD: The City Council approval in 1S berming/landscaping plan for the purpose is to provide screening of Medina Road. This plan is to Commission for their review and their approval. 90 required you to submit a area along Medina Road. The the greenhouse facilities from be submitted to the planning then to the City Council for Mr. Dillerud informed you that the plan which you submitted last week now has sufficient detail so it can be reviewed by the staff and presented to the Planning Commission. Whether your proposed plan meets the intent of the City Council requirements can only be determined by the City Council after review and recommendation from the Planning Commission. You had also requested written clarification on the proposed special assessments against your property for the improvement of Medina Road and the extension of trunk sanitary sewer and watermain improvements along County Road 101. You have previously received a letter from Dan Campbell, Sr. Engineering Technician, on the proposed special assessments. If that letter does not answer your questions, please contact me in order that we can discuss it in more detail. In accordance with the agreement between the City and yourself, the City is to supply fill material for the construction of the berm along Medina Road, if there is excess material as part of our road construction project. There is excess material but before our project can proceed, it is necessary to obtain easements from you for temporary encroachment on your property associated with the road improvement project. There are also some permanent easements for drainage structures. Dick Pouliot, Project Coordinator, has been in contact with you about these easements, and hopefully, you can reach a mutual agreement in order that the road project can move forward and will provide the fill material to construct the berm. May 24, 1991 Mr. Len Busch 4045 County Road 101 Plymouth, MN 55446 SUBJECT: GREENHOUSE Dear Mr. Busch: PCIN OF PLYMOUTIt This letter will confirm our discussion at the meeting on May 17 which you requested to discuss your greenhouses at County Road 101 and Medina Road. The following people were in attendance: Len Busch Pat Etzel Frank Boyles Chuck Dillerud Fred Moore You had requested the meeting to discuss the City Council approval of your greenhouse expansion and the conditions specified by the City Council. There were three items which we discussed: 1. Filling to widen the existing private driveway along the west side of the existing greenhouses. 2. Expanding the operation by adding an additional four buildings. 3. Berming/landscaping along Medina Road. The following will summarize our discussion on each item: FILLING FOR PRIVATE ROAD: You had a preliminary plan which showed filling for a private road and also a larger area west of the roadway. In reviewing the maps prepared by the Army Corps of Engineers, it appeared that your filling would encroach into an area where they have jurisdiction. You were going to have your consultant check whether any filling within this area would require a permit from the Corps of Engineers. You will also have to apply for a grading/fill permit from the City and you were given the necessary application forms for the City permit. Before the City could issue the permit, a determination has to be made by the Corps of Engineers as to whether they have jurisdiction. If they do have jurisdiction, you must obtain their permit first. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000C'h' MAY 24'91 Kamstra Communications, Inc. 370 Selby Avenue St. Paul, MN 55102 612-228-1419 FAX 612-224-9837 May 23, 1991 Mr. Kim Bergman Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Bergman: We are helping Wagner Spray Tech celebrate winning a major national award, and we'd like you to join us. Wagner's consumer division recently was awarded the "Partners in Progress" quality supplier award from Sears. While Sears maintains relationships with 10,000 suppliers, this award is granted to only 70 companies each year. A Sears representative will present the award next Wednesday, May 29 at a gathering of the entire company. This gathering will take place at 11:30 a.m. on the Wagner grounds, rain or shine. Wagner is located at 1P-krnbrook Lane, in Plymouth. The phone number there is 553-7000.x, Wagner Spray Tech would be honored if you or a represi office could be in attendance. I will call you to check yoc Sincerely, 1 Joanne Wagner Herber Account Executive 9� ciM MAY 24'91 _- %ZL5 Resolution No. 90-817 File 90063 Page Two 6. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 7. Park dedication requirements shall be met through payment of fees in lieu of dedication, consistent with the Park Dedication Policy and fees in effect at the time of Building Permit issuance with credit for construction of the public trail and bridge parallel and across Plymouth Creek, which shall be concurrent with development of the first lot within the plat. 8. The approved Development Contract shall be fully executed prior to release of the Final Plat for filing at Hennepin County. 9. Final Site Plans for Lot 1, Block 2 and Lot 2, Block 2 shall specifically address tree preservation and visual transition to adjoining residential parcels. 10. A Conditional Use Permit application for any anticipated Flood Plain modifications shall be submitted with the initial Final Plan/Plat application. The information shall respond to provisions of Section 6 of the Zoning Ordinance. 11. The landscaping on Lot 2, Block 2 shall be done at existing grades to the maximum extent possible concurrent with the development of the initial plat and/or Site Plan within the PUD. 12. A conservation easement as approved by the City Attorney shall be filed with the final plat and shall address the issues contained in the December 17, 1990 memorandum from the applicant, with the addenda from Mr. Turner. The motion for adoption of the foregoing Resolution was duly seconded by Councilme: ber Vasil ou , and upon vote being taken thereon, the following voted in favor thereof: Mayor Berg=n, Counciime_mbers helliwell, The following voted against or abstained Nolyp Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 17th day of nenpmber, 1990. The following members were present: -May— ber4mAn= rnunn lme_ hers Helliwell, Ricker, V'anillou and %itur The following members were absent: None Mayor Bergmn introduced the following Resolution and moved its adoption: RESOLUTION 90-817 APPROVING MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR BERKSHIRE LANE I LIMITED PARTNERSHIP (TRAMMELL CROW COMPANY) FOR PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063) WHEREAS, Berkshire Lane I Limited Partnership (Trammell Crow Company) has requested approval for a Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Plymouth Business Center 5th Addition for 3 lots, including 18 attached dwelling units in 3 structures on 1 lot, on approximately 35.8 gross acres located at 34th Avenue North (extended) and Annapolis Lane (extended); and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Mixed Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Berkshire Lane I Limited Partnership (Trammell Crow Company) for Plymouth Business Center 5th Addition for 3 lots, including 18 attached dwelling units in 3 structures on 1 lot, located at 34th Avenue North (extended) and Annapolis Lane (extended), subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No building permits shall be issued until a contract has been awarded for water and sewer. 4. Street names shall comply with the City Street Naming System. 5. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. (see next page) c i m MAV 24'91 January 2, 1991 Mr. Gary O'Brien Trammell Crow Company 601 Lakeshore Parkway, #200 Minnetonka, MN 55343 SUBJECT: PLYMOUTH BUSINESS CENTER 5TH ADDITION %.• %at Dear Gary: This is to clarify a matter which was discussed at the December 17, 1990 City Council Meeting. The City Council has referenced your December 17, 1990 memorandum with the additional language provided by Mr. Turner. Also, you and I discussed some additional language. Therefore, please prepare and send me a revised copy of your memo which can then serve as a draft for review by your attorney and the City Attorney relative to development of the conservation easement. 1. In paragraph 1, in the 9th line, after the term "Annapolis Lane" insert "and 35th Avenue North". 2. In the 3rd paragraph you should make reference to completion of a title search to ensure clear title and the placement of survey stakes. 3. In the 4th paragraph, or as a separate paragraph to Item No. 4, whichever is most clear, there should be reference to the one-year guarantee for trees planted and ensurance that there will be removal of debris in the 30 foot wide area. Also relative to the 30 foot wide area, there will be two rows of trees which are 12 foot on center with the rows being 12 foot on center and the second row spaced alternately between the trees in the first row. The trees should be blue spruce and Black Hills spruce 6-8 feet high. Items No. 2 and No. 3 regarding title search, survey stakes, and the trees are taken from the marginal notes which you agreed to with your discussion earlier in the evening with Mr. Turner. ASiely Blair Tremere Community Development Director cc: Public Works Director Fred Moore City Attorney James Thomson File 90063 (pl/bt/obrien:jw) CIM VA, 24991 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 May 24, 1991 Mr. Lowell Turner 3430 Fernbrook Lane Plymouth, MN 55447 PTVf PLYMOUTFF SUBJECT: PLYMOUTH BUSINESS CENTER 5TH ADDITION (90063) Dear Mr. Turner: I am responding to your letter dated May 17, 1991 addressed to Mayor Kim Bergman concerning Trammell Crow's proposed Plymouth Business Center 5th Addition. You also sent copies of that letter to the City Council members and the City Manager. As you referenced in your letter, the City Council gave preliminary approval to this proposed development on December 17, 1990. I am enclosing a copy of the resolution granting the approval subject to 12 conditions. Please note Item No. 12 which addresses the December 17, 1990 memorandum from Gary O'Brien with the addenda from Mr. Turner. Also enclosed is a letter dated January 2, 1991 from Blair Tremere, Community Development Director, to Trammell Crow Company clarifying these same items. Trammell Crow Company did submit the final plat application to the City of Plymouth last week. At this time, the material has only received a brief review from City staff since there were some items missing and it is not considered a complete application. After all the material is received for a complete application, the City staff review will address the conditions as established by the City Council in the preliminary approval. This proposed development requires a conditional use permit to install the street crossing of Plymouth Creek. There will be a public hearing on this matter before the Planning Commission and you, as an adjacent property owner, will receive a notice of this hearing. When you receive the notice of the hearing, the staff review of the application will be complete and I suggest at that time you make an appointment with Chuck Dillerud, Community Development Coordinator, to review the material which has been submitted for approval. Mr. Dillerud is the staff person responsible for coordinating the review of this development. He can be contacted at 550-5059. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosures cc: James G. Willis, City Manager Blair Tremere, Director of Community Development Chuck Dillerud, Community Development Coordinator Mayor and City Council cm FAY 24'001 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 DEC -lT-90 THU 12=0M TCC-L_EASll-#G P. 0 1 'EXISTING REWDENTIAL 11, 35TH AVENUE N. ?A ai ► !a PHASE 6 BUILDING *C ff,Wlw wffA 5 WIM —34TH AVENUE N. EXHIBIT A Cross-hatchdd area is area proposed to be encumbered by conservation easement. GENERAL DEVELOPMENT- LANDSCAPE PLAN I EXISTING A VEGETATION O� Cl ff PkIMOL MAY 24'91 M E M O R A N D U M T` To: Plymouth Business Center File From: Gary O'Brien Re: Reguidi^.g and Rezoning of Phase Six Site Date: December 17, 1990 Subject to the approval of our financial partner, and subject to City Council's approval of our reguiding/rezoning request, we are discussing the following concession package with the City and the neighbors. I . A conservation easenent shall be established over the land area shown cross hatched or, the attached site plan. This easement sh=11 run i:: favor of the three properties located along Fernbx k Lane (currently occupied by the Turner, Johnston and S:a:.r families). The conservation easement shall prohibit any alteration of the ex::sting grades and veaetation located within the easement, however, the easer.ent shall permit the grading, etc. necessary to install the public trail and extend Annapolis Lane as depicted on the sker.:h. The conservation easement shall be removable at the direction of the three Fernbrook Lane property owners 2. A f fty (50) foot wide access easement shall be established as shown on the attached sketch, thus enabling the Fernbrook Lane properties to be redeveloped in the future with P_nnano'__s Lane access. The easer:ent shall run in favor of the Fernb-rook Lane property owners. Any future drivewav ccristructed within the access easerr.ent shall be and maintained by the Fernbrook Lane property owners in a manner sensitive to the existing trees and topography. 3. The land area depicted as "Parcel All on the attached site r S ef+rclr, pian shall be platted and conveyed to the Turner's via quit claim deed. in connection with such conveyance, Trammell rr} l�tN r �j/�. Crow Compeny shall cover legal expenses incurred by the —. Turner's uo to $300.00. In addition, Trammell Crow shall (a) remove the debris currently located on Parcel A, and ��lstis � (b) remove any diseased trees on Parcel A as directed by the City forester. 4. A separate 30 foot wide by 170 foot long (plus or minus) conservation easement shall be established along the southerly border of the existing Turner property as depicted on the attached sketch. Such easerient shall prohibit any alteration of the existing grades and vecetation, however, the landscape buffer (required by the City in connection with the proposed industrial development) may be installed partially or entirely within r� c�.�,.�►„ �, the 30 foot strip . R e r y t y mer.- 0 3 3 GIh1 MAY 24'91 %ac3 May 17, 1991 Mr. Rim M. Bergman, Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Sir: We hnve received a letter from our lawyer, Mr. David Usset, stating that Trammell Crow Company has advised him that they are seeking plat approval from the city of Plymouth in the near future. We would like to be advised of this meeting. Our last contact with Mr. Gary T. O'Brien and John Griffith of Trammel Crow Company was a rushed one held just 12 hours before the city council meeting on 12-17-1990. Therefore, we are sending the concession package which was given to us by Mr. O'Brien, plus the attached additions and hand written notations which were agreed upon by us and Mr. O'Brien at those meetings. In item #1, there were to be no public trails or grading etc., south of the creek and west of Annapolis Lane in the conservation easment. In item #3, it also stated that we were to receive a clear title or information needed by our lawyer for the property deeded to us by Trammel Crow Co. Trammel Crow Co. is to have parcel A surveyed and corner stakes set in. Our lawyer is asking for a master abstract. In item #4t on the 30 foot easment at the south side of our property, there are to be two rows of black hill and blue sprite, 6 to 8 feet tall, with a one year guarantee, planted alternately; 12 feet apart, 2nd row to be off set from the first row. This was in agreement with Mr. O'Brien. This is over and above the plantings required by the city for a buffer. At the 10-10-1990 meeting of the Plymouth Planning Commition, they stated that these plantings would be installed at the time that Trammel Crow Co. started their 1st phase by 494, so that they would have time to grow before they would start construction near our home. Also at the 30 foot wide conservation easment at the south edge of our property, there is debris and a fence that has to be removed. I would appreciate a document from the city stating that they are in agreement with the above, showing the buffer zones and a plat of the same, which we can attach to our deed and records in the event that we wish to sell our property. Thank you for your attention in this matter. Please advise if I can be of any assistance. Sincerely, Lowell. R. TurnerNiAY' ia9: 3430 Fernbrook Lane N. Plymouth, MN 55447 telephone 559-2995_ cc: City Manager & City Council . . 7"GI�'r� MAY 24 '91 Peggy Leppik State Representative District 45B Hennepin County May 16, 1991 Minnesota 'r-MHouseof Representatives N COMMITTEES: HEALTH & HUMAN SERVICES; EDUCATION; EDUCATION FINANCE; ECONOMIC DEVELOPMENT James G. Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim, Thank you for your letter expressing concern about provisions in House File 1086 (Omnibus Tax Bill) which would place a cap on franchise fees and revise the form of tax computation on electricity usage. The language in the bill clarifies and establishes the legislative intent of current law which states that communities that don't currently have franchise fees on utilities can impose up to a 3% fee. This fee can be applied to all utilities in the communities' area. There is also a 3% cap on the fee, again as a clarification of current law. This bill was vetoed by the Governor and is currently being revised. It is difficult at this time to predict whether this provision will be included in the final revised Omnibus Tax Bill. In regard to your concern about changes in the computation of sales tax on electricity consumption, this provision was not included in the vetoed tax bili, and is unlikely to show up in the revised bill. Thanks again for sharing your thoughts on these issues. It is helpful to me to know how proposed legislation will affect the cities I represent. Si a ly, Pe P� State p sentati PL/lp Citi, MAY 24'91 7500 Western Avenue, Golden Valley, Minnesota 55427 (612) 546-3328 State Office Building, St. Paul, Minnesota 55155 FAX (612) 296-3949 (612) 296-7026 JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 May 17, 1991 Ms. Mary Ann McCoy Executive Director Ethical Practices Board 625 North Robert Street St. Paul, MN 55101 .L7W NZI HOLmiEs & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Re: City of Plymouth/Ethical Practices Act Dear Ms. McCoy: As I discussed recently with you on the phone, the City Council for the City of Plymouth is presently considering adopting a policy pertaining to compliance with the Ethics in Government Act. I have discussed this matter with the City Council and I have informed them that you would be willing to meet with the City Council to discuss the Act. The City Council is very much interested in taking you up on your offer. Currently, one member of the City Council is hospitalized after cancer surgery. I do not expect that he would be available for another 30 days to attend a meeting. Consequently, the most likely time for a meeting would be in late June or early July. I will contact you as soon as possible to set up the meeting. I would also appreciate it if you could forward to me any legislation that is adopted this session which amends Minnesota Statutes, Chapter 10A. Thank you for your cooperation. Sincerely, rs . Thomson JJT/amm PL100-32A cc: Mayor and City Council gN 24'91 May 16, 1991 Joe Dorfman, Manager Cub Foods of Plymouth 3550 Vicksburg Lane Plymouth, MN 55447 SUBJECT: CUB FOOD STORE. OUTDOOR STORAGE OF GROCERY STORE CARTS Dear Mr. Dorfman: (90057) During periodic visits to your new facility since its opening I have observed extensive storage of grocery carts on the front sidewalks/apron area. The storage of grocery carts is specifically limited to the cart storage area approved on your building plan inside the main building. No cart storage was approved except with respect to the cart corals at variouslocationsin your parking lot. Now that grand opening activities have wound down, and the difficulties surrounding a new store opening have been minimized, the time has come to store your grocery carts in accordance with your approved plans. Please instruct your employees to cease storage of carts in the sidewalk/apron area in the front of the store. All such storage must take place inside the store in the designated cart storage area consistent with the approved Site Plan. Should you have any questions concerning this matter please don't hesitate to contact me at 550-5059. Sincerely yours, C LDil�lerud Community Development Coordinator (pl/cd/90057.5-16:dh) 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 ,aaa CIrA MAV 24'91 Charles E. Dillerud -2- May 21, 1991 - ` acl� 2. _Product merchandise--on-the-outsi-destor-e--frits, Retailers need reasonable flexibility in merchandising product at the point of entry to their stores. Whether you are a hardware store displaying lawn mowers, a bicycle store displaying bikes, a Super America displaying windshield solvent, or a supermarket displaying softener salt; retailers need reasonable flexibility in addressing seasonal and the merchandising demands of their customers. It isn't possible to operate an auto dealership or a building supply center without outdoor product displays. Other retailers need at least a minimum degree of flexibility in outdoor merchandising. 3. Special event sales. Outdoor merchandising opportunities such as garden and nursery sales require at least 45 day permit opportunities. A retailer makes a substantial financial risk when ordering non returnable perishable items such as nursery and bedding stock. For that risk we need the assurance that we will have an adequate time period to sell our inventories. Parking lot nursery sales have become very popular with consumers and provide an extra element of competition and consumer value. Please consider a permit period longer than 30 days. 4. Trailer storage in store-_recel-0_n9 _areas. CUB Food Stores, Target Stores, and other large retail stores, receive many trailers of product weekly. Some of these trailers are dropped at the store and picked up at a later date. We do everything possible to keep the trailers out of view of our customers. However, there will occasionally be trailers in view at all the previous named stores. Please do not implement any regulations or ordinances that handicap the receiving needs of these or other stores or businesses in Plymouth. 5. There also needs -to _b--c-Qnsiderable_f1E.xihility in allowir _-temporary__signi ng., -- spotlights, balloons, and special_-promotion-aL-cti_v_ity during grand opening activities for new stores. Please do not excessively prohibit these activities during grand openings and other special events. I would appreciate an opportunity to Plymouth staff to discuss issues relevant want our business properties to compliment to be good corporate citizens. Thank you. SE/ms cc: Rich Dorfner Jim Willis Kim Bergman Greg Erickson Mike Erickson meet with you and other appropriate to the Plymouth retail community. We the city. We will do our very best Sincerely, Steve Erickson cm mW 24'91 ERICKSNEPAMM- GENERAL OFFICE 1605 COUNTY ROAD 101 PLYMOUTH, MINNESOTA 55447 PHONE 473-1387 ff May 21, 1991 Charles E. Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Dillerud: I recently received a copy of the letter you sent to Rich Dorfner, the manager of the Plymouth CUB Store, regarding cart storage on our front sidewalk. I would appreciate your review of the following concerns we have regarding issues relevant to operating stores such as the Plymouth CUB Store. As you review the balance of this letter, please be mindful of the fact that we sincerely appreciate the help and cooperation that we have received from the Plymouth staff. We are grateful for the opportunity to be a growing part of Plymouth and hope we are able to demonstrate that we are a caring and responsible business entity. As you are aware, the Plymouth retail environment is undergoing dramatic and exciting changes. By this October, Plymouth will have Holiday Village, a CUB Store, two Rainbow Food Stores, and a Target Greatland Store. These stores represent a large investment and commitment to the community and provide quality full time employment opportunities and hundreds of entry level part time jobs for area residents. These stores are also providing area residents with greater price competition and improved variety and services. Most consumer spending that has drifted out of Plymouth in the past will be retained in our local community as all these stores begin to compliment the existing retail community. As a resident and business person in Plymouth, I am proud of our community. Our well planned and controlled development has resulted in an excellent community for all of us. Those of you involved in the management of the city can be justifiably proud of your achievements. I am concerned, however, that regulations and ordinances affecting retailing is not consistent with the needs of the larger retail developments currently in place or about to open in Plymouth. Specifically, my concerns include the following: 1. Outside storage of shopping carts._ There is not a CUB Store in the Twin Cities that I am aware of that can get all its shopping carts in the cart storage area. I have also noted at the Ridgedale and Eden Prairie Target Stores that they have to store a substantial portion of their shopping carts on the front sidewalk. Holiday appears to also require sidewalk storage. We and other retailers need extra carts for holidays and peek days that are not normally needed for normal operations. Storing these extra carts neatly on the front sidewalk is the only practical solution. Circ► MAY 2 4 '91 May 23, 1991 Mr. Paul Swenson Acting Administrator Permits and Land Use Section Minnesota Dept. of Natural Resources 500 Lafayette Road St. Paul, MN 55155 Dear Mr. Swenson: I am responding to the April 29, 1991 letter to Mayor Bergman regarding the City review of our Shoreland Management Regulations in light of the new Shoreland Rules adopted by the DNR. Plymouth not only was among the first to be notified of the new Shoreland Rules but you will find we were one of the first major cities to adopt Shoreland Management Regulations under the former rules several years ago. We did apply for and did receive approval of a grant and we have been undergoing the review and evaluation process. The City contracted with the consulting firm, Barton-Aschman Associates to assist us in reviewing the new rules and to determine what changes if any are needed to our existing ordinance requirements. Changes that are needed that represent amendments to the ordinance will be reviewed by the Planning Commission which will conduct a Public Hearing before making a recommendation to the City Council. We are in regular contact with the area hydrologist for our community although we have not yet met with the hydrologist regarding specific changes to our Shoreland Management Regulations. We deal with your office on a regular basis however during the administration of the existing Shoreland Management Regulations. We understand that you need to see a draft of proposed changes at least 60 days before the due date next year and we understand that it is to our advantage that it be reviewed and approved by your agency before the grant expires. I would be interested in more information regarding the Administrative Shoreland Grant. Please send me what is available. We will be in contact with the designated area hydrologist in the near future regarding the draft changes, if any, needed to bring the City into compliance with the State Rules. Si cerely, Blair Tremere Community Development Director cc: Mayor Bergman and City Councilmembers Ceil Strauss, John Stine Ed Fick, File (pl/bt/swenson:jw) CIM MAY 24'91 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 S -gab Page 2 We also agreed that the appropriate way to bring about any changes in these ordinances would be to bring these issues up at the May 21st Plymouth City Council Forum. BFI personnel do plan to attend this meeting and hope that we can help make the City of Plymouth a leader in waste minimization and re- cycling efforts. Please feel free to contact me anytime should you have any questions or comments. Sincerely, BROWNING-FFRRIS INDUSTRIES OF MINNESOTA, INC. C Jeff �s Recycling Coordinator cc: Richard Pouliot Chuck Dillerud Caliber Development Company JC/kl cim MAV 24'91 Waste System$TM BROWNING -FERRIS INDUSTRIES Minneapolis District May 17, 1991 Frank Boyles City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr. Boyles: Recycled paper 0 S -%Wm Thank you for the opportunity to discuss some questions you have regarding BFI's new recycling plans for the City of Plymouth businesses. Recently, BFI initiated a new "two -container" recycling program for our customers. We are offering a white recycling container in which our custom- ers can place a variety of recyclable materials. This program allows our customers to recycle cardboard, shrink wrap, magazines, newspaper, office paper, plastic bottles, food and beverage cans, and glass. The recyclable material is picked up mixed from our customers and brought to our recycling center to be sorted and sold to end markets. This program makes it very simple for our customers to recycle and offers them the ability to recycle a variety of materials. Our meeting was initiated because some of our customers had expressed concern that the City of Plymouth ordinances would not allow an additional container on their property without an enclosure. We at BFI wanted to find out if these ordinances do, in fact, apply to our white recyclable -materials con- tainers. A number of our customers have received violation notices from the City regarding these recycling containers. As we discussed in the meeting, I have explained to our customers that you have agreed that no further fines would be issued against them until some follow up letters have been sent by your people. Our hope is to have this issue of placing recycling containers outside enclosures resolved before any fines are levied on our customers. Our customers certainly do not want to violate any City ordinances nor have fines levied against them. However, they do feel that this recycling program is very convenient for them and is socially and environmentally the correct thing to do. We feel it's important that we don't take the recycling momen- tum away by removing these containers until this issue has been resolved. CIM MAY 24'91 P.O. BOX 1440 - MINNEAPOLIS, MINNESOTA 55440 • (612) 941-8394 MPS 2© Thank you for the opportunity to discuss some questions you have regarding BFI's new recycling plans for the City of Plymouth businesses. Recently, BFI initiated a new "two -container" recycling program for our customers. We are offering a white recycling container in which our custom- ers can place a variety of recyclable materials. This program allows our customers to recycle cardboard, shrink wrap, magazines, newspaper, office paper, plastic bottles, food and beverage cans, and glass. The recyclable material is picked up mixed from our customers and brought to our recycling center to be sorted and sold to end markets. This program makes it very simple for our customers to recycle and offers them the ability to recycle a variety of materials. Our meeting was initiated because some of our customers had expressed concern that the City of Plymouth ordinances would not allow an additional container on their property without an enclosure. We at BFI wanted to find out if these ordinances do, in fact, apply to our white recyclable -materials con- tainers. A number of our customers have received violation notices from the City regarding these recycling containers. As we discussed in the meeting, I have explained to our customers that you have agreed that no further fines would be issued against them until some follow up letters have been sent by your people. Our hope is to have this issue of placing recycling containers outside enclosures resolved before any fines are levied on our customers. Our customers certainly do not want to violate any City ordinances nor have fines levied against them. However, they do feel that this recycling program is very convenient for them and is socially and environmentally the correct thing to do. We feel it's important that we don't take the recycling momen- tum away by removing these containers until this issue has been resolved. CIM MAY 24'91 P.O. BOX 1440 - MINNEAPOLIS, MINNESOTA 55440 • (612) 941-8394 :=:-Aab Page Two provide a functional and aesthetic control and screening of these containers (regardless of their contents) and the desire to promote and not inhibit bona fide recycling efforts. It is not clear whether you are recommending that all trash containers outside the building be exempt from screening. If the purpose of regulations is to effectively screen containers (not to get rid of them) because of aesthetic and functional reasons such as those cited above, then do the contents and the ultimate disposition of the contents make any difference? This is a basic question that the Planning Commission and City Council will need to address. Enforcement efforts that the City has initiated to date were not designed to remove containers as your letter suggests. The enforcement efforts have been aimed at property owners who had containers some of which were related exclusively to recycling efforts, and which were not properly enclosed. At City Council direction I have suspended the imposition of any legal sanctions against owners who may have been contacted regarding the lack of screening around containers clearly designated for recycling. This will be for the period it takes for the Planning Commission to consider the matter and possible amendments to the ordinance. I thus recommend that you and others in your industry review the standards and provide specific formal input to the City as to how the zoning standards of the community can be balanced against the current programs and directives regarding separation of trash at the source for both residential and commercial/industrial generators. The City of Plymouth is proud to be a leader in waste minimization and recycling efforts; we have been recognized several times by Hennepin County for that. We welcome your willingness to help us retain that position. I look forward to hearing from you regarding specific recommendations as to how the City standards could be updated. Sin erely, ,. Blair Tremere Community Development Director Enclosure cc: Assistant City Manager Frank Boyles Community Development Coordinator Chuck Dillerud Project Coordinator Dick Pouliot Development Services Technician Myra Wicklacz Mr. John Lavander, Caliber Development Co. (pl/bt/crees:jw C'M MAY 24'91 =• ka.b May 23, 1991 ;_ PCITYF PLYMOUTR Mr. Jeff Crees BFI Waste Systems P.O. Box 1440 Minneapolis, MN 55440 Dear Mr. Crees: I am responding to your May 17, 1991 letter to Assistant City Manager Frank Boyles and to the information you conveyed to the City Council at their meeting on Tuesday, May 21. I also ask for your help. I may be reiterating some of the information that was relayed to you at the meeting with Mr. Boyles and others last week but it is important to understand the purpose of the zoning requirements. The applicable zoning requirements are on the attached pages and I ask that you review them carefully. They were developed in 1982 in response to an increasing problem with waste removal firms setting containers such as dumpsters at random in paved parking lots with no respect for neighboring properties, sometimes residential, general aesthetics, and the parking and circulation functions of a parking lot, including fire lanes. In short, both owners and waste haulers were not responsibly managing the location and use of their containers and the City Council and Planning Commission then decided that it was time to adopt standards that could be used in evaluating new proposals as well as regulating the outside storage of trash disposal facilities for existing developments. Periodically it is necessary to initiate City-wide enforcement actions by contacting property owners and informing them that they have trash containers outside the main building which are not properly located or screened. This can be attributed to changes in ownership or in management, a change in waste hauler, and, on occasion, a disregard for the City regulations and requirements of a specific plan or use approval. We receive complaints from other property owners who object to the view and obstruction created by unscreened and improperly located containers especially those in the commercial and industrial areas of the City. Many businesses in the community have their trash facilities inside the building, for example. The current zoning standards were drafted and implemented before the current public and private sector interest in recycling. The City Council recognizes this and thus they directed at their meeting that we review the Zoning Ordinance standards with the Planning Commission to see if any particular changes should be implemented in light of today's concerns and activities. Your letter touches on some of those items but I need your help to further identify how exactly the City could define a balance between the need to CIM MAY 24'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 May 21, 1991 William Martineau 4270 Quaker Lane North Plymouth, MN 55441 Dear Mr. Martineau: CIN OF PLYMOUTFF Yesterday I convened a hearing with regard to May 12, 1991, involving your dog. During this a strong desire to be able to keep your property rather than to have the dog removed. the biting incident of meeting you indicated dog confined to your I believe the incident of May 12, 1991 demonstrates that your dog may be unpredictable when at large. The conclusion is tempered by the fact that you have indicated a willingness to keep your dog confined to your yard or your residence, and not permit your dog to be at large again. You confirmed to me that you would install a fence in your back yard within the next 60 days (July 22, 1991), which would effectively block the dog from leaving the yard and others from entering. You recognize that keeping the dog on your property, confined to the back yard or the home, places additional responsibility on you. I believe you are willing and able to assume these responsibilities. Accordingly, I have concluded that your dog may remain in your possession provided that the dog be kept on your property and restrained at all times. Based upon your willingness to accept these conditions, I will suspend any further consideration of having your dog euthanized or removed from your home. It is understood that if your dog is reported and/or found to be at large or not under restraint, I will have no choice but to order euthanasia or removal of your dog. If this understanding is acceptable to you, I request that you acknowledge one of the attached sheets with your signature and date and return one copy to me for our files. I believe that this resolution protects the public while allowing you to keep your pet. Thank you for your cooperation in seeking a resolution to this matter. / S'nce Frank Boyles Assi to City Manager City ' -6-f Plymouth I, William Martineau, agree to abide by the conditions set forth in this letter. -ci 5-1-;;11f1 Willis M ratineau Date cc: Steven E. Correll - Police Services Supervisor Phillip Sykes, Community Service Officer S.F. 7/22/91 (Inspect) r r4 'o, Zh-'9, 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-r"00 RCISSINSDALE _. RMSTRONG High School 10635 36th Avenue North Plymouth, Minnesota 55441 Dick Stensrud Dick Carlquist Plymouth Police Department 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Carlquist: Administration • Judith Maethner Ron Main May 20, 1991 Z• \ \ C... 546-3266 • Merle Solie I am writing to thank you and the Plymouth Police Department for allowing Nia Wronski and Darrell Anderson to speak to our Armstrong High School students on the topic of personal safety. They have shared this information with our Independent Living classes both semesters this year and we appreciate it very much. Student evaluations of their presentation have been very positive. A quote from one of them reads "This was a very Informative and needed large group. Some very helpful Information on what could save your life." There Is no doubt the information on personal safety will be of value to the students both now and In the future. Thank you again for allowing Ilia and Darrell to make their fine presentation to our students. Sincerely yours, Cl o Pease%Joan_ Fredeen Independent Living Instructors Armstrong High School cllo, MAY 2+'91 Peggy Leppik State Representative District 45B Hennepin County May 18, 1991 Ln Y d Y—,n.tn.o lb , `a •,..,,. • c.,Houseof Representatives COMMITTEES: HEALTH & HUMAN SERVICES; EDUCATION; EDUCATION FINANCE; ECONOMIC DEVELOPMENT Mr. Jim Willis Manager City of Plymouth City Center 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Jim: Congratulations on reaching your 20th anniversary as Plymouth's City Manager. That is a record that some say would speak for itself. However, a tenure of 20 years is a mere outline in attesting to your work as city manager. Both you and I have been aware of the vitality in Plymouth, a tremendous growth of population, in both residential and commercial areas, which demanded an infrastructure. Your guidance has been evident in making this burgeoning area a "nice place to live." I have enjoyed working with you in the past, and I intend to work with you in the future to help you and all residents in my district with their concerns as various community issues come up in the Legislature. Please feel free to contact me at any time at the State Capitol whenever I might be of service to you. Again, congratulations on your 20th anniversary, in a career field so challenging and demanding as yours. Sine ly, Pe k State ep esentative PL/lp 24'91 7500 Western Avenue, Golden Valley, Minnesota 55427 (612) 546-3328 State Ottice Building, St. Paul, Minnesota 55155 FAX (612) 296-3949 (612) 296-7026 IL �•�—p �n-^.cam..-.� T \/V I" \/\/ E S -T- CHAMBER OF COM M E R C E May 17, 1991 Mr. Frank Boyles City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Frank, � , ` Cr `y Thank you for attending the Transportation Committee meeting this morning to present information on the Plymouth Metro Link. It was extremely helpful to have you there to answer their questions and explain how the transit system works. I, for one, learned a lot from your presentation. As usual, you did a wonderful job. It also sounds like you have developed the transit system into a very successful venture. Thanks, once again, for your participation! Sincerely, isa M. a ocki Director o Communications cim MSV 24'91 10550 WAYZATA BOULEVARD ♦ MINNETONKA, MINNESOTA 55343 ♦ (612)540-0234 Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth, St. Louis Park Chief Carlquist Plymouth Police Department 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Chief Carlquist: On May 14, 1991 at 2:00 p.m. I attended the D.A.R.E. Program at Oakwood Elementary School. I was very impressed with Officer Gottwald and the program that was taught my son Joshua. I felt what they had been learning on decision making and drug education was very informative and valuable for their healthy development. I am very hopeful that this education program will continue in the future. I believe that this program was originally financially supported by the police department and my hope is that it will continued to be supported financially. You and your department have received very positive support for this program both in the schools and the community. I would hate to see this valuable program lost because of lack of financial support from your department. I would once again like to commend you and your officer Gottwald for an excellent ceremony and program. I hope it continues so that my daughter will have this same opportunity in 2 years. yours,`gneerely hn S. Batalden TURTINEN COMMUNICATIONS Suite 212 • Justice Building `\ 240 Minnetonka Ave. South • Wayzata, MN 55391 • 612/473-3722 i May 18, 1991 C � 1 Gail Bangle 6 '� Assessment Office Technician Assessing Division City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 �- Dear Gail and Associates: Belatedly, but with considerable appreciation, I want to thank you and your associates in the Assessing Division for the polite, prompt and efficient service regarding my inquiry about our homestead tax. From my first phone call, in which you detailed what I had to do, through my personal visit to City Hall and the courteous treatment I received from one of your associates (whose name I wrote down and now I'm embarrassed because I can't find it) to the follow-up messages .... you all have been great. Having been a councilperson once myself, and knowing the often difficult and frustrating tasks facing governmental employees, I'm most 'pjease" send this message. Thank ou�a ain and may all our letters and ( Y g Y Y clalls be as the ul as this one. Cordially, X �-- Ra ph Turtinen cc: Jim Willis CIM, MY 24, °91 MI -N-0 CUSTOMER SERVICE LINE May 23, 1991 ANN_SCHAETZEL, 16005 - 14TH AVENUE NORTH PROBLEM: Ms. Schaetzel reports a public safety problem from 7:25 to about 7:35 a.m. each morning. She believes people going eastbound on County Road 6 cut down Archer and come around Archer to 14th Avenue North to go straight through. SOLUTION: Ms. Schaetzel requests that this area be patroled or monitored by radar to encourage people to slow down. Clot NSA`! 24'91 Y--A ee] CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 13, 1991 TO: Richard Carlq\uist, Public Safety Director FROM: Helen LaFave, Communications Coordinator SUBJECT: CUSTOMER SERVICE LINE CALL I received a call on the 24 -Hour Customer Service Line on May 23 from Ann Schaetzel, 16005 14th Avenue North. She requested that the area near her house be patroled or monitored by radar in the morning (7:25 a.m. - 7:35 a.m.) to encourage motorists to slow down. She believes that motorists on eastbound County Road 6 are cutting down Archer and going around to 14th Avenue. She reports that this creates a real traffic problem, particularly with speeding vehicles. Would you please respond to Ms. Schaetzel by Tuesday, June 4. Send a copy of your response to me so that I may note it in the Customer Service Log. Thanks. HL:kec cc: James G. Willis, City Manager S.F. 6/4/91 cpm MAY 24'91 �A At*A =-10 CUSTOMER SERVICE LINE May 21, 1991 SUSAN STARK, 10101 HIGHWAY 55, 545-6516 (NO APARTMENT NUMBER IVEN PROBLEM: Caller lives at Countryside Estates. She reports two problems which she would like to have investigated. Ms. Stark says that the water in the building is orange and oily. She wants to know if it is safe to drink. Secondly, she says the insulation in the building has rotted and it causes a bad odor. SOLUTION: Ms. Stark would like to see the water checked and cleaned up. She would also like management to replace the insulation in her building. She would like to have the results of the investigation conveyed to her. am MAY 24'91 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 21, 1991 TO: Steve Correll, Support Services Supervisor FROM: Helen LaFave�Communications Coordinator SUBJECT: CUSTOMER SERVICE LINE CALL Susan Stark, 10101 Highway 55 (no apartment number given), 545- 6516, called the 24 -Hour Customer Service Line on May 21 to report two problems at her apartment building, Countryside Estates. 1. The water in the building is orange and oily. She would like to know if the water is safe, and she would also like to have it cleaned up. 2. The insulation in the building has apparently rotted, causing a bad odor. She would like to see this replaced. Would you please have Community Service Officer Warren Kulesa investigate this. Ms. Stark would like to be informed of the results of the investigation. Please advise me of action taken on this matter by Monday, June 3. Thanks. HL:kec cc: James G. Willis, City Manager S.F. 6/3/91 CIM MAY 24'91 Ms. Lois Klobuchar 1293 Black Oaks Court Plymouth, MN 55447 Dear Ms. Klobuchar: Thank you for calling it to our attention that Black Oaks Court southerly of 13th Avenue is not indicated on our City maps. At this location, Black Oaks Court is a private driveway serving the Gleason North Shore Condominiums. As we discussed on the telephone, since the City has assigned an official address using "Black Oaks Court," I will have this added to our next publication of City maps. Again, let me thank you for calling this to our attention. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550 -mo MSV 2 +'91 = \a CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 10, 1991 TO: Fred Moore, Public Works Director FROM: Helen LaFave),��ommunications Coordinator SUBJECT: CUSTOMER SERVICE LINE CALL I received a call on the 24 -Hour Customer Service Line on May 10 from Lois Klobuchar, 1293 Black Oaks Court, 476-2080, wondering why Black Oaks Court is not listed on the City map, or on other maps such as Hudson maps. I suspect that Black Oaks Court is a private street. If that is the case, please have a member of your staff contact Ms. Klobuchar to explain the policy regarding the development of City maps, or if it was indeed an oversight, please have it added to the City map when it is next updated and have a member of your staff contact Ms. Klobuchar to notify her of that. Please advise me of action taken on this by Friday, May 17 so that I may note it in my customer service line log. Thanks. HL:kec cc: James G. Willis, City Manager S.F. 5/17/91 CIM MAY 24'91 =-\D CUSTOMER SERVICE LINE May 17, 1991 BRAD SMITH, (H) 557-8661), (W) 554-0736 PROBLEM: Brad Smith lives on Pineview and Schmidt Lake Road. He called to report a complaint about the Soo Line Railroad which runs near his house. He reported that early in the morning on May 17, he was awakened three times by the loud air horn on a train passing by. This happened at 1:30 a.m., 4:15 a.m. and 4:30 a.m. The caller reported that the 1:30 a.m. horn was so loud he "thought a Great Lakes ore carrier was coming through the bedroom." SOLUTION: The caller requested that the Mayor, or Councilmember contact him on this to see what can be done about solving this situation. CIM gp 24'91 =\0 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 20, 1991 TO: Frank Boyles, Assistant City Manager FROM: Helen LaFave- ommunications Coordinator SUBJECT: CUSTOMER SERVICE LINE CALL Brad Smith, 557-8661 (home), 554-0736 (work), called the 24 -Hour Customer Service Line to report an ongoing problem with the Soo Line Railroad and the air horn which they sound during the night. He reported that early in the morning on Friday, May 17 he was awakened three times at 1:30 a.m., 4:15 a.m. and 4:30 a.m. He said the 1:30 a.m. horn was so loud, he thought a "Great Lakes ore freighter was coming through his bedroom." He requested that either the Mayor or a Councilmember contact him about this situation. He would like to see this problem solved. I understand you have handled railroad complaints in the past. Therefore, it seems more appropriate that you contact Mr. Smith regarding this, rather than the Mayor or a City Councilmember. Please get back to me on this by Tuesday, May 28. Let me know if you need help from me. HL:kec cc: James G. Willis, City Manager S.F. 5/28/91 Cfh1 MAY 24'91 1-1 modifying them to meet NURP design criteria be determined. Preliminary indications from MPCA were that this approach would not satisfy the EPA Special Grant Condition. Another recent development which will affect our plan for Medicine Lake is that the Minnesota Department of Natural Resources (MDNR) recently informed the Commission that public opposition to the use of Rotenone for removal of rough fish would prevent the MDNR from biomanipulating Medicine Lake. However, they encouraged the Commission to install a fish barrier at the outlet of Medicine Lake as an alternative means of reducing the influence of rough fish on the lake's water quality. This fish barrier would prevent upstream migration of carp into Medicine Lake and, in combination with the Plymouth Creek fish barrier, isolate carp from their principal spawning grounds. The number of carp in the lake should gradually decline over time by process of attrition. Provision of such a fish barrier as part of the Bassett Creek flood control project has been discussed with the U.S. Corps of Engineers. Installation of the fish barrier at the lake's outlet does not appear to be possible. Installation at a downstream location is possible, however, and is being considered by the Corps of Engineers as part of their design for Golden Valley Golf Club. Discussion followed regarding the value of EPA's contribution and the additional cost to developers and communities to implement the policy. Past estimates concluded that development costs in the watershed would be increased by approximately $1,000 per acre. Also, there have been many changes in the actual strategy which will be used to improve the water quality of the lake. It was moved by Mr. Moore and seconded by Mr. Monk that a letter be prepared and sent to the MPCA indicating that it has been concluded that the cost of adopting the policy is a concern to the Commission and cities in the watershed, that adoption of the policy on a local basis would take more time than permitted by the schedule required by the grant, and that we would look for other sources to assist the Commission in improving the water quality of Medicine Lake. Further, the Commission should work with the City of Plymouth in developing the water quality storage in areas upstream of Medicine Lake recommended by the plan. After discussion, the motion carried. Adjournment Since there was no further business, it was moved by Mr. Sonnenberg and seconded by Mr. Rye that the meeting adjourn. Chairman Enck adjourned the meeting. W. Pete- Enck, Chairman Donald Rye, Secretary Elaine Anderson, Recorder Date: Old Business: 1. Mr. Hal Runke outlined the original plan for restoration of Medicine Lake for which we had been awarded a Clear Lakes grant. Recommended restoration measures included: Construction of wetland improvements in two of seven key wetlands along Plymouth Creek to reduce phosphorus loading to Medicine Lake from stormwater runoff at a cost originally estimated to be $25,000. Control of internal phosphorus loading from Medicine Lake sediments by hypolimnetic aeration at a cost originally estimated to be $158,000. Biomanipulation of Medicine Lake to rid it of undesirable bottom -feeding fish causing internal phosphorus loading; and to reestablish health game fish populations at a cost originally estimated to be $235,000 A Clear Lakes Program grant was sought and received from the U.S. EPA in 1987. Project costs are to be shared by the EPA ($100,000), Minnesota Department of Natural Resources ($285,000) and the Commission ($103,000). Special conditions placed on the project grant specified that the BCWMC must complete several tasks before grant monies would be released The first task, a phosphorus budget analysis of the lake was completed in 1988 for current and future land use assuming current and improved wetland conditions. The second, a sediment phosphorus release experiment, was completed in 1989 on sediment cores from Medicine Lake to estimate anaerobic release rates. The third task, periodic (bi-weekly) water quality monitoring of Medicine Lake was carried out during the summer of 1988 to determine the importance of internal phosphorus loading from anoxic sediments. Finally, to ensure protection of lake water quality, the EPA wanted ordinances/regulations sufficiently stringent to effectively control construction and post -construction runoff adopted for the Medicine Lake watershed. Recent Developments: Mr. Runke discussed the process of trying to reach agreement with the EPA to adopt a less stringent policy. In consultation with MPCA, a policy statement was drafted by a subcommittee of the BCWMC, its engineering advisor, and a representative of Hennepin Parks to satisfy the EPA Special Grant Condition that mandated development and adoption of a nonpoint source pollution control ordinancelregulation. That policy called for detention of storm runoff from the direct drainage basin area of the Medicine Lake watershed per the recommendations of the Nationwide Urban Runoff Program (NURP). The BCWMC discussed this policy at its March 1991 meeting and voted against its adoption. An alternative approach to adopting a strict nonpoint source pollution control ordinance was discussed by the Commission. It was suggested that existing runoff detention facilities within the direct drainage basin area of the Medicine Lake watershed be analyzed and the feasibility of CIM MAY 24'91 ♦10 4 for wild life. He said storm sewer outlets would have to be lowered. He also mentioned an erosion control plan. In the first phase, there would be about 70 lots on about 30 acres. Ultimately there will be 256 lots but that will involve 45 phases and will be spread over a period of 46 years. Chairman Enck asked if we shouldn't be looking at the entire volume. Mr. Kremer said that most of the construction that would involve Bassett Creek is in the first phase. The governing body is the Minnehaha Watershed. Mr. Moore cautioned that Mr. Kremer should be looking at the overall plan for the entire development. Mr. Kremer said they had talked about it but they didn't have sufficient information. Thompsons' are here so that they would be able to get at the grading and erosional plan. Mr. Sonnenberg asked if we aren't getting ahead of ourselves at this stage -- what if we don't like the plan. The Thompson representative said we can't do the phase unless we get the approval. Mr. Kremer said the big concern is storage area and there is plenty of that available. Mr. Rye asked what wetland type it is. It is not a DNR protected water. Mr. Rye also asked what kind of water quality enhancement they are planning to provide. Mr. Kremer said this will be designed in accordance with Best Management Practices. Chairman Enck asked if the grading would be done within the next 30 days. He suggested a conditional approval until we have more information regarding what Minnehaha will do. Mr. Moore said that technically this isn't in our watershed. Officially it is in Minnehaha but the water goes to three watersheds. It was asked if we had a policy when there are different watersheds involved. After further discussion Mr. Rye moved that the plan be approved in concept. Seconded by Mr. Deblon. In the discussion that followed, Mr. Pearson said that we are assuming we will have adequate storage and that we will not have to increase the water levels. The grading will stay the same. The drainage plan may have to be changed Mr. Pearson asked what they are asking the Commission for at this time. The representative replied they are requesting approval for Phase 1 grading. That affects our management policy. Mr. Kremer said he recommends approval of the plan in concept with the development of a mitigating pond and that they should come back next month to see if they can divert part of this area to Bassett Creek. Mr. Moore than amended the motion by approving it in accordance with the engineer's recommendation and with the understanding that portions of it are not protected by the DNR, that they have agreed to furnish verification, and that this approval does not constitute approval of the diversion. Seconded by Mr. O"Toole. The motion passed. Mr. Monk cast a dissenting vote. Mr. Pearson questioned whether it was wise to use the minimum standard now or whether we should recommend what will be required in the future. It may be economical to do it better now. 2. A request was received for review of a preliminary grading, drainage, and erosion control plan for the MN I/M program, Golden Valley. This consists of the construction of one building on a 5.8 acre site. This wetland is not a DNR protected wetland and does not contain a management envelope. Site runoff will be conveyed to an on-site catch basin and discharged to the wetland Silt fence will be utilized for erosion control. After discussion it was moved by Mr. Monk that, upon the engineer's recommendation, the project be approved with the stipulation that a plan for mitigating wetland losses must be submitted to the Commission, that the invert of the storm sewer outlet located at the east edge of the pond must be lowered to an elevation at or below the normal pond level, and that a silt fence or properly secured hay bales must be installed around CB 1. Mr. Silberman then amended the motion that there be additional storage to four feet at the open water area. Seconded by Mr. Enck. The amendment passed unanimously. The motion as amended then passed unanimously. He then reported on the 5th Street Bridge which Minneapolis needs to tear down. The Corps contractor, Johnson Brothers Construction, needs to be able to work under the bridge by April 1. The Corps has asked Minneapolis to remove three sections from the bridge or to try to get the restraining order lifted so the Corps contractor can remove that portion of the bridge which affects the project. The contractor can claim $1,000 a day for each day of delay. Mr. Pearson was directed to proceed and to take whatever steps are necessary to assist Minneapolis and the Corps in getting these bridge sections removed. Mr. Spychalla referred to the problem that came about when Minneapolis was seeking a contractor to remove the old bridge and to build its replacement. The first bidder was not union and a union contractor is objecting. Mr. Pearson explained that the Corps cannot go to Court It was suggested that perhaps we should talk to Mr. Kannankutty and also send a letter. Discussion centered around expediting the work. Johnson Brothers could take down that portion of the bridge that needs to be removed. After further discussion, it was moved by Mr. Silberman and seconded by Mr. Deblon that Mr. Pearson send a letter to Minneapolis offering help in explaining the problems to the Court and that he be further directed to work with the Corps of Engineers in requesting Minneapolis to attempt to get the restraining order removed as it affects the bridge demolition. Carried unanimously. Commissioners: 1. Mr. Rye reported that the 509 Subcommittee will meet on May 2 They are also talking about meeting on the 9th of May. 2. There has been contact with the PCA about the NPDES stormwater permit process required by EPA. PCA has drafted two general permits which are being reviewed by the EPA: • One general permit which would cover all industries • Another general permit which would cover all construction sites. A committee has been formed by the PCA to assist in the drafting of these permits, and Barr staff will be represented on the committee. Mr. Pearson indicated that the League of Municipalities should be interested. He was directed to contact Mr. Joel Jamnik of the League. Mr. Pearson will write to Mr. Jamnik and indicate our support and request that the League of Municipalities monitor the EPA regulations in the PCA permit process. It was moved by Mr. Sonnenberg and seconded by Mr. Moore that the Commission authorize Mr. Jamnik to request a copy in the interest of the 9 municipalities and that the Commission indicate support. Carried unanimously. New Business: 1. Mr. Paul Pearson of McCombs, Frank Roos Associates, Inc., and Mr. Bill Pritchard of Orrin Thompson Homes attended part of the meeting. They made their presentation regarding a 115 acre residential subdivision in the City of Plymouth which will be built in two phases. Phase 1 consists of 62 acres. The site drains into three watersheds: Elm Creek, Minnehaha, and Bassett Creek. The wetlands have been designated by the Commission for protection. There would be mitigation for wetland encroachment. In Phase 1, there would be a loss of 2.3 AF of storage volume. Mr. Kremer recommends that they provide sufficient dead storage to meet the guidelines that we have been talking about and which would meet EPA's Best Management Practices. He stressed the necessity of quality enhancement. He stated that the compensating storage would be all within the Bassett Creek watershed. Mr. Kremer said that mitigation requirements say that the developer should evaluate the loss of storage, the loss for water quality enhancement, and the loss of habitat ciM MAY 24'91 ok10 2 additional money for the construction escrow account at this time. Mr. Enck asked if he should visit with Colonel Baldwin. It was pointed out that Mr. Howard Lawrence is ready and willing to meet with the Corps people and respond to any questions. After further discussion, Mr. Monk moved that a letter to the Corps be prepared suggesting that we have difficulty in planning budgeting for the project and that it would help if a decision could be expedited. Seconded by Mr. Rye. Carried unanimously. Mr. Kremer spoke about relocations and said that Westbrooke Road would require $200,000, Medicine Lake $200,000, Utilities at Penn $30,000, utilities at Crystal $60,000, utility relocation as part of the tunnel replacement $100,000. He also mentioned that money may be needed to treat the contaminated soil. He said that with money projected to be coming from the State of Minnesota as part of the flood improvement grant, we should be able to cover all of the items mentioned. Mr. Pearson asked if the work at Medicine Lake and Westbrooke could be done locally rather than Federally. It would be more economical to have the communities do it themselves. Mr. Moore said an existing structure would have to be replaced but, if it could be done locally, the Commission could save $50,000. Mr. Pearson suggested that the engineer be directed to give us a report showing the pros and cons of the "Feds" doing the work vs the "Locals." After discussion, it was moved by Mr. Deblon that the Commission authorize legal counsel to take a look at the process of doing it and ask the engineer to look at the project and come back with a report at the next meeting. Seconded by Mr. Silberman and carried unanimously. 2 Mr. Enek reported that he received a letter from Governor Arne H. Carlson thanking for a copy of Commission correspondence to the Minnesota Board of Water and Soil Resources. The Governor had said he would be interested in the response from the Minnesota Board of Water and Soil Resources. Counsel: 1. Insurance. Mr. Pearson had sent a letter to Mr. Sonnenberg and had also contacted Mr. Peter Tritz, Executive Director, LMCIT, and had received an application for insurance. Everyone has to go through an agent. Mr. Pearson reviewed the process. We could work with the financial officers of the municipalities. It was suggested that Mr. Pearson should explore the various types of coverage and recommend an agent. It was questioned whether we should have two agents so that it would be competitive. It was asked why we don't get an individual agent so that we could cover both bases. It was moved by Mr. Moore and seconded by Mr. Rye that T. C. Fields Co. be designated as our agent and that the LMCIT and commercial insurance carriers be contacted for a quote. Carried unanimously. 2. Resolution of Commendation and Appreciation to Lee Gustafson for his services to the Commission. (Resolution attached to official minutes). Moved by Mr. O'Toole, seconded by Mr. Moore, and carried unanimously. Corps of Engineers: • Mr. Spychalla reported on the Mark -wood Edgewood contract with the Imperial Developers of Bloomington for $491,839 for which there is a saving of 1.3 million dollars over the protect plan originally proposed for the area. • He also reported a letter from the DNR accepting the design on the carp barrier. Construction should be completed by June 30, 1992. =;9 b BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of April 18, 1991 Call to Order: The Bassett Creek Water Management Commission was called to order by Chairman Peter Enck at 11:35 A.M., Thursday, April 18, 1991, at the Minneapolis Golf Club Roll Call: Crystal: Commissioner Bill Monk Golden Valley: Commissioner Ed Silberman Medicine Lake: Commissioner John OToole Minneapolis: Not represented Minnetonka: Commissioner David Sonnenberg New Hope: Commissioner Peter Enck Plymouth: Commissioner Fred Moore Robbinsdale: Alternate Commissioner Bill Deblon St. Louis Park: Commissioner Donald Rye Chairman Enck welcomed Mr. Deblon to the Commission. Approval or Correction of Minutes: Engineer: Len Kremer, Hal Runke Recorder. Elaine Anderson Corps of Engineers: William__ Spychalla Counsel: Curt Pearson Mr. Silberman corrected the minutes by adding the word "escrow" between construction and account in the Financial Statement paragraph, Page 1. Mr. Deblon also corrected Mr. Gustafson's title for the City of Hopkins position which he assumed to that of Director of Public Works (Page 1 of minutes). With these corrections, it was moved by Mr. Silberman and seconded by Mr. Deblon that the March 28 minutes be approved. Carried unanimously. Financial Statements: Mr. Silberman presented the Treasurer's Report as of April 18 showing a checking account balance of $74,650.20, an investment balance of $292,996.03, and a construction account balance of $246,339.91 plus the $5,000.00 which isearawked for Medicine Lake. The construction escrow account balance had not been updated The treasurer's report was filed for audit. Presentation of Invoices for Payment: Mr. Silberman moved approval of the Barr Engineering invoice for $7,765.09 for the period covering March 3 through March 30. Seconded by Mr. Rye and carried unanimously. Communications Chairman: 1. Discussion followed regarding speeding up the Corps process regarding the appraisals. If it would take the 90 days plus 30 days plus 60 days that Mr. Spychalla outlined, it could easily be the end of July before a Corps decision was reached. Mr. Pearson indicated he would recommend that a letter be written to the St. Paul office expressing our concern. He believes that the St. Paul Office decision will probably be the way it will go. Mr. Spychalla says the Corps will not be asking for ciM MAY 24'91 Planning Commission Minutes =-Ck 0�.d May 8, 1991 Page 82 Mr. McHale stated that he was in agreement with the April 22, 1991 Staff Report. He showed the Commissioners a sketch of the proposed Walgreens Drug Store. MOTION by Chairman Plufka, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval of the request by Ryan Construction Company for a Final MPUD Site Plan for Walgreens Drug Store at the Rockford Road Plaza located at the northwest corner of Vinewood Lane and County Road 9. Vote. 7 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Chairman Plufka introduced the request by Martin Harstad MARTIN HARSTAD (90109) for a Land Use Guide Plan and PUD Concept Plan for "Sugar Hills" located at the northwest corner of Vicksburg Lane and Highway 55. Chairman Plufka waived the review of the March 20, 1991 Staff Report. This request was tabled at the April 10, 1991 Planning Commission Meeting subject to a Public Hearing to be held on this date regarding the reguiding the site to the west. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Wire to recommend approval of the request by Martin Harstad for a Land Use Guide Plan and RPUD Concept Plan for "Sugar Hills" located at the northwest corner of Vicksburg Lane and Highway 55. Roll Call Vote. 6 Ayes, Commissioner Marofsky voted Nay. MOTION carried. Commissioner Marofsky stated that his nay vote was because he thought the CL guiding was more appropriate for the portion of the.site now so classified. Meeting Adjourned at 12:00 a.m. VOTE - MOTION CARRIED CIM MAY 24'91 Planning Commission Minutes May 8, 1991 Page 81 Commissioner Marofsky asked what the impact would be to the Harstad proposal (Sugar Hills RPUD) if the CL guiding of all the land west of the access road was done. Mr. Kost responded that the Harstad proposal would lose two residential sites. He said that they could possible build an access road on the flood plain property. Commissioner Marofsky stated that he did not think is was practical to have CL guiding on the southerly parcel. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO DENY Marofsky to recommend denial of the request by the City of (91035) Plymouth for consideration of Land Use Guide Plan reclassification from CL (Limited Business) and LA -2 (Low Medium Density Residential) to LA -3 (High Medium Density Residential) and LA -1 (Low Density Residential) for the area located at the northeast corner of Dunkirk Lane and to leave the guiding as it is. Commissioners Stulberg and Marofsky agreed that access to the CL guided parcel was feasible by an access road which went around the edge of the residential site. Roll Call Vote. 7 Ayes. MOTION for denial of the VOTE - MOTION DENIED reguiding carried. Chairman Plufka introduced the request by Bob's Energy BOB'S ENERGY SAVING Saving Service, Inc. for a Residential Planned Unit SERVICE, INC. (91023) Development Conditional Use Permit Amendment for a three season porch at 1175 Black Oaks Lane. Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as there was no one present to speak on the issue. MOTION by Chairman Plufka, seconded by Commissioner Pierce MOTION TO TABLE to table the request by Bob's Energy Saving Service, Inc. for a Residential Planned Unit Development Conditional Use Permit Amendment for a three season porch at 1175 Black Oaks Lane to a future date as there was no one present representing the petitioner. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION TABLED Chairman Plufka introduced the request by Ryan RYAN CONSTRUCTION Construction Company for a Final MPUD Site Plan for COMPANY (91019) Walgreens Drug Store at the Rockford Road Plaza located at the northwest corner of Vinewood Lane and County Road 9 Chairman Plufka waived the review of the April 22, 1991 Staff Report. CEM wy 24'91 Planning Commission Minutes May 8, 1991 Page 80 Chairman Plufka introduced Mr. George Jackson of 3200 Harbor Lane. Mr. Jackson stated that he has been the owner of this site for 17 years. He said the site is not suitable for residential development because of the noise from Highway 55. He stated that there are roadways on three sides of the site and that the other property to the west is guided as commercial except for a small residential parcel. He said he would like the guiding to remain as it is now. Chairman Plufka introduced Mr. Bob Kost of the BRW engineering firm representing the developer of the parcel to the east of this site. Mr. Kost stated that he is neutral as to the reguiding of this site. Chairman Plufka introduced Mr. Jim Shaw of 2130 Urbandale Lane. Mr. Shaw stated that he represented the Plymouth Presbyterian Church which has an option to purchase the property currently guided LA -2 northwest of the site on County Road 9. He stated that he supports staff's proposal for the reguiding of this site. Chairman Plufka introduced Mr. Jerry Theis of 16800 Highway 55, the owner of Dundee Nursery. Mr. Theis stated that he thought it would be a problem to have LA -1 guided land next to his commercial site. He said he would like to see the CL guiding moved north on the site to County Road 9. Mr. Fenney stated that he agreed with Mr. Theis' recommendation. Chairman Plufka closed the Public Hearing. Commissioner Wire asked Mr. Shaw if he perceived a problem if the CL guiding was changed to LA -3. Mr. Shaw responded that he thought it was not a good idea for traffic that wished to access the CL guided site to have to drive through a residential area for access. Chairman Plufka asked Mr. Kost if the piece of property south of County Road 9 and west of the Sugar Hills RPUD was of any use. Mr. Kost responded that this small parcel is in a flood plain and there are significant DNR protected wetlands on the site which would not be conducive to commercial guiding. ,,w H1H( 24'91 Planning Commission Minutes May 8, 1991 Page 79 Roll Call Vote. 6 Ayes, Chairman Plufka voted Nay. VOTE - MOTION CARRIED MOTION to table carried. Commissioner Wire stated that a plan with less units could preserve the wetlands. Commissioner Tierney asked if a Public Hearing would be necessary to discuss the connection of Kingsview Lane to 10th Avenue North. Coordinator Dillerud responded that a Public Hearing may not be legally necessary, but may be advisable when street opening is considered in a developed area. Commissioner Pierce stated that he was against any connection of 4th Avenue North to a future Fernbrook Lane. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Wire to schedule a Public Informational Meeting to discuss the connection of Kingsview Lane to 10th Avenue North and Harbor Lane at the next meeting, with notices being sent to the residents of the Parkdale Addition. Roll Call Vote. 6 Ayes, Chairman Plufka voted Nay. VOTE - MOTION CARRIED MOTION carried. Chairman Plufka introduced the request by the City of CITY OF PLYMOUTH Plymouth for consideration of Land Use Guide Plan LUGP RECLASSIFICATION reclassification from CL (Limited Business) and LA -2 (Low (91035) Medium Density Residential) to LA -3 (High Medium Density Residential) and LA -1 (Low Density Residential) for the area located at the northeast corner of Dunkirk Lane and Highway 55. Coordinator Dillerud reviewed the April 24, 1991 Staff Report. Chairman Plufka asked where access to the property is available. Coordinator Dillerud responded that access would have to be from 36th Avenue North on the east side of the site and/or County Road 9 at 37th Avenue North on the west side of the site. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Jim Fenning of 2058 Acorn Circle, Wayzata. Mr. Fenning stated that he was the owner of 23 acres of the site and would like to see his site reguided to service or retail to be consistent with other sites in the area. He stated that he would like to have access to his site from Highway 55 to make it more usable. GIM MAY 2 4'91 Planning Commission Minutes T May 8, 1991 i•+� ��. Page 78 area until they could see an alternative plan submitted by the owners of the site. Commissioner Marofsky stated that this motion does not change the developers plan. Commissioner Tierney questioned the definition of a "paper street". Director Moore explained that the City owns the right-of- way on a paper street (such as 10th Avenue North between Ithaca Lane and Kingsview Lane) and to construct the street may require a Public Hearing. Roll Call Vote. 3 Ayes, Commissioners Wire, Tierney, VOTE - MOTION FAILED Stulberg and Chairman Plufka voted Nay. MOTION failed. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Pierce to recommend that Fernbrook Lane be retained as a Minor Collector but that the Thoroughfare Guide Plan show no connection for Fernbrook Lane across the Luce Line. Roll Call Vote. 2 Ayes, Commissioners Zylla, Tierney, VOTE - MOTION FAILED Marofsky, Stulberg, and Chairman Plufka voted Nay. MOTION failed. MOTION by Chairman Plufka, seconded by Commissioner Tierney to recommend that Fernbrook Lane be removed from the Thoroughfare Guide Plan as a minor collector; do not connect Fernbrook Lane to the southerly stub at Glacier Lane; extend Fernbrook Lane across the Luce Line with a connection to Harbor Lane that will be dependent upon how the development will be done, at a width of 32 feet. Chairman Plufka stated that access needs to be available to people and those living on Fernbrook Lane will have to absorb some of the traffic. Commissioner Wire asked if the County provided any aid or restrictions on residential streets. Director Moore stated that the County cannot control the speed limit, but can control the weight. Commissioner Marofsky stated that his intent in removing the designation of minor collector from Fernbrook Lane removes the necessity for it to connect to another arterial and it can be developed as a residential street from the Luce Line south into the LA -4 (now recommended as LA -1) area without connecting to Harbor Lane. MOTION by Commissioner Tierney, seconded by Commissioner MOTION TO TABLE Wire that the MOTION by Chairman Plufka regarding Fernbrook Lane be tabled until June 12, 1991. ciao MAY 2 � 'Q � Planning Commission Minutes May 8, 1991 Page 77 Coordinator Dillerud stated that in Subarea C and D combined, the net area less the wetlands was 30 acres and that 60 dwelling units could be constructed if the parcels were guided LA -1. He said that if the guiding were LA -2, 90 units could be constructed, and if LA -4, 120 to 150 units. Commissioner Pierce asked how many dwelling units had been proposed in the Carlson Real Estate Company's original proposal. Coordinator Dillerud responded that approximately 160 units had been proposed for the LA -4 guiding and 18 units for the LA -1 parcel. Chairman Plufka stated that those people living at the southerly end of Harbor Lane are the "forgotten folks" as all traffic leaving the area will use the Gleason Lake Road as egress. He said that if Fernbrook Lane were extended those living on the southerly end would drive north to exit the neighborhood. Commissioner Tierney questioned whether a PUD for Subarea D would be of any value to the developer. Coordinator Dillerud responded that this parcel was only 12 acres and a PUD would not be feasible. Substitute MOTION by Commissioner Marofsky, seconded by SUBSTITUTE MOTION TO Commissioner Zylla to recommend reguiding of the LA -4 APPROVE parcel to LA -1. Roll Call Vote on the MOTION to Substitute. 4 Ayes, VOTE - MOTION CARRIED Commissioner Wire, Pierce and Stulberg voted Nay. MOTION carried on a 4-3 vote. Roll Call Vote on the Main Motion as Substituted. 4 Ayes, VOTE - MOTION CARRIED. Commissioners Wire, Pierce and Stulberg voted Nay. MOTION carried on a 4-3 vote. Commissioners Wire and Stulberg stated that their Nay vote was because they want to see an alternative plan submitted by the owners of this site so that the neighbors can see the plan before the Thoroughfare Guide Plan is changed. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Tierney to recommend that classification of Fernbrook Lane as a Minor Collector between County Road 6 and Gleason Lake Drive be deleted from the Thoroughfare Guide Plan and that a recommendation be made to have Kingsview Lane connect to Harbor Lane via 10th Avenue North. Commissioners Wire and Stulberg again stated that they were not comfortable making a decision on streets in this CIM MAY 24'91 Planning Commission Minutes May 8, 1991 Page 76 Chairman Plufka recognized Mr. Reisen of Carlson Real Estate Company. Mr. Reisen stated that he came to the meeting with good intentions and has listened to all the comments made regarding this site. He stated that the company will continue to work on an alternate plan for the site, and will try to work with the citizens in the area to develop an acceptable plan. Chairman Plufka called a recess at 10:13 p.m. The meeting reconvened at 10:18 p.m. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE Marofsky to recommend that the area referred to as Subarea B in the April 24, 1991 Staff Report be reguided to Public/Semi-Public and to leave Subareas A and C as currently guided. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioners Pierce and Wire suggested that the MOTION TO APPROVE Commission wait to reguide the LA -4 parcel until June when Carlson Real Estate Company can return to the Commission with an alternate plan for this parcel. Chairman Plufka stated that he thought LA -1 guiding was the proper guiding and that if a PUD plan were proposed by the owner a LA -2 type of development could be achieved with the LA -1 guiding. He said that any roads within a residential development will be 32 feet wide. Commissioner Wire stated that any new streets become a problem to neighborhoods. Commissioner Marofsky stated that he has seen many changes in the ordinance that impact this area since it was guided LA -4. He said that he thought the Commission was more aware of the environmental issues affecting this area. MOTION by Commissioner Marofksy, seconded by Commissioner MOTION TO APPROVE Zylla to recommend reguiding of the LA -4 parcel to LA -1; to recommend against the connection of Fernbrook Lane; to recommend the connection of Kingsview Lane to Harbor Lane at 10th Avenue North to provide a second access to the existing neighborhood. Commissioner Marofsky stated that Fernbrook Lane would become a minor arterial street if connected in any way. Commissioner Tierney asked Coordinator Dillerud for his projections on the number of dwelling units that could be constructed on this site. CIM MAI' 2.'91 Planning Commission Minutes May 8, 1991 Page 75 Ms'. Rosen stated that the fire station is only 3 minutes away from the area and she suggested that in the case of an emergency the use of the Minnetonka fire station. She said that the extension of Fernbrook Lane would increase traffic in the area and cause people to use it as access to County Road 6. Chairman Plufka stated that the citizens cannot petition the DNR to have land redesignated as a protected wetland. He said that if the area was made into a park and bike path the area would need to be accessible to all Plymouth residents, not just the area residents. Chairman Plufka introduce Mr. Richard Schmidt of 14310- 13th Avenue North. Mr. Schmidt stated that he preferred reguiding the LA -4 site to LA -1. He said he was against the extension of Fernbrook Lane and thought that if emergency access was needed in the area that a road be built to be used only for emergency vehicles. Chairman Plufka introduced Ms. Alice Williams of 14325- 12th Avenue North. Ms. Williams stated she was against the extension of Fernbrook Lane and the LA -4 guiding on the site. She said she wanted the wetlands and wildlife preserved in the area. Chairman Plufka introduced Ms. Sandra Pasmanter of 515 Glacier Lane North. Ms. Pasmanter stated that she was against the extension of Fernbrook Lane because of the increased traffic and pollution it would generate, and wanted the LA -4 guiding changed to LA -1. Chairman Plufka introduced Mr. David Tolchiner of 14390- 4th Avenue North. Mr. Tolchiner stated he was against the LA -4 guiding because it would increase the traffic in the area and cause property values to decrease. Chairman Plufka introduced Mr. Mike Lichty of 14525 -7th Avenue North. Mr. Lichty stated he was against the LA -4 guiding of the parcel. He said that the increased traffic from the LA -4 site would increase the traffic wanting access onto Gleason Lake Road, and this was already a busy intersection. He said he did not think the extension of Fernbrook Lane would create a faster access to the area for emergency vehicles. CIM MAY 24'91 Planning Commission Minutes O' q ck.. May 8, 1991 Page 74 Chairman Plufka stated that low income housing cannot be prohibited in any area of the City. Chairman Plufka introduced Mr. LeRoy Reinke of 14411 County Road 6. Mr. Reinke stated he favored reguiding the LA -4 parcel to LA -1. He said he wanted to see the land preserved in the area. He stated that he was against the extension of Fernbrook Lane as it would cause more traffic on County Road 6 which he is against. Chairman Plufka introduced Mr. John Richter of 1205 Fernbrook Lane North. Mr. Richter stated he lives north of the Luce Line and is in favor of reguiding the LA -4 parcel to LA -1. He stated that Fernbrook Lane north of the Luce Line is already a busy street with truck traffic and he thought that the extension of the road would create a major thoroughfare street. He stated that he was also concerned with the possible loss of the wetlands and wildlife in the area if Fernbrook Lane were extended. Chairman Plufka introduced Mr. Dean Riesen of Carlson Real Estate Company, the owners of the subject property. Mr. Riesen stated that they would not necessarily develop the LA -4 site to its maximum density and that the company was working with the City to find alternatives for this site. He said that as the owners of the site have held it for some time, and it was their intention to develop it and make a profit. Mr. Riesen stated that the guiding on this site has been reviewed several times during the last 15 years by the City, and has never been changed from the present LA -4 guiding. He said that the company would like to see the LA -4 guiding remain for the parcel. He asked that the Public Hearing be continued until a meeting in June so that Carlson Real Estate Company would have time to prepare an alternative proposal for the site. Chairman Plufka introduced Ms. Terry Rosen of 425 Harbor Lane. Ms. Rosen state she would like to see Carlson Real Estate Company donate the land to the City for preservation. She said she would like the wetlands preserved and would like more time to see if she could discuss this with the DNR and have the area declared a wetland. She said she would like the area designated for the extension of Fernbrook Lane made into a bike path and park. Circ MAY 24,91 Planning Commission Minutes = G; C-60 May 8, 1991 Page 73 Chairman Plufka introduced Sunia Hartmann of 1140 Harbor Lane North. Sunia Hartmann stated that she was 9 years old and she enjoyed walking in the wooded area near her home. She asked the Commissioners to not allow the destruction of the trees. She distributed a handout to each of the Commissioners stating her concerns. Chairman Plufka introduced Ms. Lori Hempel of 450 Glacier Lane North. Ms. Hempel stated that her home is the house next to the stub road and that if Fernbrook Lane were extended, her home would have a street on 3 sides, and the rear of her home would be 35 feet from the road. She said that emergency access is necessary but that the time saved for emergency vehicles by constructing Fernbrook Lane is not a priority. Ms. Hempel stated that she wished to see the guiding lowered on the LA -4 parcel to LA -2 or lower and to see no development at the southerly tip of site. Chairman Plufka introduced Mr. David Leschak of 14385 4th Avenue North. Mr. Leschak stated that the area has changed with prior development and he thought LA -1 or LA -2 guiding would be best for the LA -4 parcel. He said he did not think the extension of Fernbrook Lane was necessary. He stated that the steep grades, soil composition, and wetlands in the area are not conducive to the extention of Fernbrook Lane. He asked if the width of Fernbrook Lane would be 36 feet, and said he thought Highway 394 was the route to use for access to the area. Chairman Plufka stated that he would like to know how many new dwelling units could be constructed in each of the areas on the site. Chairman Plufka introduced Ms. Linda Neudeuker of 500 Glacier Lane North. Ms. Neudeuker stated she was a school teacher and was against the extension of Fernbrook Lane because of the danger to the children in the area which would result from the increase in traffic. She said her home would be adjacent to the road and she would want a barrier created to protect her home from the road. She stated that County Road 6 provides adequate egress from the area. Ms. Neudeuker stated that high density housing has an effect on schools especially low income housing. cim MAY 24'91 Planning Commission Minutes May 8, 1991 Page 72 the LA -4 parcel changed to LA -2 so that there would be less traffic from the site. Chairman Plufka introduced Mr. Rob Goltz of 535 Glacier Lane North. Mr. Goltz stated one of his concerns is the drainage in the area to which flows drain from the Glacier Lane cul- de-sac. He stated that a holding pond in the area has not been constructed. Mr. Goltz stated that if a stop light were placed at Carlson Parkway and Gleason Lake Road it would make egress from Harbor Lane more difficult than it already is. He said he would like the guiding of the LA -4 parcel changed to either LA -2 or LA -1. Mr. Goltz stated that a trip from the fire station to the area using Highway 394 and Carlson Parkway would be faster than using the proposed Fernbrook Lane extension. He suggested that the Minnetonka fire department would help out since he heard they were building a new fire station close to this area. Chairman Plufka introduced Mr. John Grams of 1230 Harbor Lane North. Mr. Grams stated that he was not in favor of the extension of Fernbrook Lane as there are wetlands both north and south of the Luce Line, and also on the west side, that are all connected. He suggested that the City purchase the property and guide it as Public/Semi-Public. Chairman Plufka introduced Mr. Jim Hartmann of 1140 Harbor Lane North. Mr. Hartmann read a history of the area as he recalled it during the time he has lived in the area and presented the Commission with a copy. He said that LA -1 guiding would give the developer more flexibility to work around the wetlands and wooded areas for preservation. He stated that he thought the single family development would create a more stable tax base. Mr. Hartmann said he timed a trip from the fire station which took only 3 minutes. He said the extension of Fernbrook Lane would be detrimental to the public safety, and would increase the crime rate in the area. He said that if the LA -4 parcel was reguided to LA -1 the thoroughfare street would not be needed. Mr. Hartmann stated that to preserve the neighborhood, no development would be best, but single family would be the next best possibility. He suggested that the City purchase the site for a park. 1 `°�0.a CIM MAY 24'91 Planning Commission Minutes =--CN p4. May 8, 1991 Page 71 Commissioner Tierney asked how much land in the southerly area of the proposed Fernbrook Lane would not be buildable. Director Moore responded that approximately the south 1,000 feet in this area is not buildable as it is protected wetlands and too narrow. Commissioner Tierney asked if it would be more expensive to fill this southerly area for a road than road construction on a flat parcel. Director Moore stated that is would cost a little more. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Jeremy Wilson-Dando of 14400 4th Avenue North. Mr. Wilson-Dando stated that he represented the Harbor Place Homeowners Association. He stated that the Homeowners Association would like to discuss any change in plans Carlson Real Estate Company has for this site with the company. He said the Homeowners Association is concerned about the loss of trees and the buffer, and that removal of the buffer would increase the noise to the homeowners in the area. Chairman Plufka introduced Mr. Robert Gersbach of 700 Harbor Lane. Mr. Gersbach stated that he recently subdivided the property he owned on the east side of Harbor Lane west of one of the ponds. He said that the extension of Fernbrook Lane as proposed would go through the pond and he was concerned that the buffer of the pond would be eliminated. He said he thought the construction of Fernbrook Lane would not be feasible because of the soil type in this area. He asked that the definition of a minor collector be explained. City Engineer Faulkner explained that a minor collector limited speed to 30 mph and is intended to provide access to the immediate area. He said the minor collector streets are 4 feet wider than residential streets. Chairman Plufka introduced Ms. Kathy Blish of 510 Glacier Lane. Ms. Blish stated she was concerned about the increase in noise in the area if the buffer were leveled for construction of Fernbrook Lane. She said that her home would have a street on both sides which disturbed her. Ms. Blish stated that she preferred to see the guiding of CIM MAY 24'91 Planning Commission Minutes May 8, 1991 Page 70 M • M MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Wire to recommend approval of the request by Carlson Real Estate for a Conditional Use Permit Amendment to allow single family detached dwelling units in Block 1, Carlson Center 6th Addition located southwest of Xenium Lane and Zinnia Lane. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka moved item 5 C. to the end of the Public Hearing items as there was no one present representing the petitioner. Chairman Plufka introduced the request of the City of LAND USE GUIDE PLAN Plymouth for consideration of a Land Use Guide Plan & TRANSPORTATION PLAN classification and Transportation Plan thoroughfare street (91036) proposals within the area of the City bounded by Glacier and Harbor Lanes (extended), Gleason Lake Drive, I-494 and County Road 6. Coordinator Dillerud reviewed the April 24, 1991 Staff Report regarding the Land Use Guide Plan. Public Works Director Fred Moore reviewed the May 8, 1991 Engineering Staff Report regarding the Transportation Plan for Fernbrook Lane as a Minor Collector street from County Road 6 to Gleason Lake Drive. Commissioner Marofsky asked if the existing Harbor Lane would connect to Fernbrook Lane directly at or close to the Luce Line, noting that there are wetlands close to the Luce Line. Director Moore stated that they it connect south of the Luce Line near 8th Avenue North because of the wetlands on both sides of the Luce Line. He said that a curve in the design would miss the wetland areas. Chairman Plufka stated that the congestion at Gleason Lake Road and Harbor Lane would increase an already bad congestion problem if Fernbrook Lane were connected. Commissioner Marofsky noted that emergency vehicles could reach the area faster if Fernbrook Lane were connected at the northerly end. Director Moore stated that the farther south the connection between Fernbrook Lane and Harbor Lane was made the more difficult emergency access would be because you would have to drive a distance north on Harbor Lane. Chairman Plufka suggested that some streets in the proposed development for this area could be designed to run between Harbor Lane and Fernbrook Lane. cim MAY 24'91 Planning Commission Minutes May 8, 1991 Page 69 MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval of the request by Ryan Construction Company for a Mixed Planned Unit Development Conditional Use Permit Amendment to substitute a retail drug store use for the bank use on Lot 3, Block 1 for "Rockford Road Plaza" located at the northeast corner of County Road 9 and I-494. Commissioner Pierce asked if the drug store would require as much asphalt surface as the previously proposed bank. Mr. McHale responded that the bank building would have been smaller than the drug store but that five drive aisles were proposed. He said that there may be a little less asphalt and more green area with the development of the retail drug store. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO DENY Zylla to recommend denial of the request by Ryan Construction Company for a Mixed Planned Unit Development Conditional Use Permit Amendment to eliminate a screen wall on the east elevation for "Rockford Road Plaza" located at the northeast corner of County Road 9 and I- 494. Roll Call Vote. 7 Ayes. MOTION for denial carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request by Carlson Real CARLSON REAL ESTATE Estate for a Conditional Use Permit Amendment to allow (91021) single family detached dwelling units in Block 1, Carlson Center 6th Addition located southwest of Xenium Lane and Zinnia Lane. Coordinator Dillerud reviewed the April 19, 1991 Staff Report. Chairman Plufka introduced Mr. Larry Chiat of Carlson Real Estate Company representing the petitioner. Mr. Chiat stated that he was in agreement with the Staff Report. He said that this amendment will give the developer greater flexibility. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Norman Peterson of 13705- 5th Avenue North. Mr. Peterson stated that he had nothing to say. Chairman Plufka closed the Public Hearing. CIM MAY 24'91 Planning Commission MinutesC 1.7 Page May 8, 1991 Page 68 Mr. McHale stated that the change proposed in the lath house would create a more permanent structure. He said that the Walgreens Drug store would result in a decrease in traffic from the bank which previously had been proposed. Mr. McHale said that the elimination of the screen wall was proposed because of the elimination of the dock behind the T.J. Maxx area and the developer thought the landscaping would look better. He said that the preference of the City would prevail in this matter. Commissioner Pierce asked if the 80 foot wall was really needed. Mr. McHale stated that the screen wall would totally screen any trucks in the outdoor area and that the trees would not. Commissioner Marofsky asked where the Franks Nursery entrance to the display area and for the lath house would be and how the trucks would unload behind T.J. Maxx. Mr. McHale responded that the entrance to the Franks Nursery outdoor display area and lath house would be underneath the canopy. He said that trucks unloading at the T.J. Maxx site would park parallel to the overhead door to unload and the dock would not be visible. Commissioner Wire asked for a description of the material which will be used on the outside of the lath house. Mr. McHale stated that the material that will be used on the lath house is similar to stucco, is very durable, and is easy to maintain. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Ms. Cherie Pedersen of 4320 Rosewood Lane. Ms. Pedersen stated that she did not want to view the trucks from her home and wants to see the screen wall remain as a part of the plan. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky to recommend approval of the request by Ryan Construction Company for a Mixed Planned Unit Development Conditional Use Permit Amendment for two structures (lath house and poly house) in the outside display area located at the northeast corner of County Road 9 and I-494. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED CIM MAY 24.'91 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MAY 8, 1991 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Plufka, Commissioners Hal Pierce, Dennis Zylla, Joy Tierney, Larry Marofsky, Michael Stulberg, and John Wire. MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Planning Secretary Jackie Watson. *MINUTES Coordinator Dillerud reviewed some minor corrections suggested by the applicant (Hennepin County) with the Commissioners and those revisions were incorporated into the minutes. MOTION by Commissioner Zylla, seconded by Commissioner Marofsky to approve the April 24, 1991 minutes as revised. Vote. 6 Ayes, Commissioner Pierce abstained. MOTION carried. Chairman Plufka introduced the request by Ryan Construction Company for a Mixed Planned Unit Development Conditional Use Permit Amendment for two structures in the outside display area; to substitute a retail drug store use for the bank use on Lot 3, Block 1; and, to eliminate a screen wall on the east elevation for "Rockford Road Plaza" located at the northeast corner of County Road 9 and I-494. Coordinator Dillerud reviewed the April 22, 1991 Staff Report. Chairman Plufka introduced Mr. William McHale of Ryan Construction Company representing the petitioner. Mr. McHale stated that he was in agreement with the staff report. MOTION TO APPROVE VOTE - MOTION CARRIED RYAN CONSTRUCTION COMPANY (91018) CIM MW 24'91 4;dvd palakd& U Pd; uLid 166j6;. N W -SIM 09 'ON 11V9J3d alVd 35VISOd 'S'n 3ivd >iina You are Invited to Comment at the Northeast Corridor Public Hearings on the Draft Environmental Impact Statement Wednesday, June 5, 1991 7:00 P.M. Logan Community Center Monroe and Broadway Street Minneapolis =-9 /R -,CC NW's�7dn UW 13th Avenue NE �'7 �7 7uruuta2o� Zw 19a,-17aai7s 7sao.glnos 75 uin"V 7SV3 SZ£ t�2121�H Logan >. g SO;UVA UqL Communtiy CQntQr g a N 8 Broadway Street NE =-9 /R -,CC NW's�7dn UW �'7 �7 7uruuta2o� FOB -S. i'� 'Rout/ 19a,-17aai7s 7sao.glnos 75 uin"V 7SV3 SZ£ t�2121�H V' K)d sua,za;S u.7x SO;UVA UqL :04 166L IS hlnf aaolaq pa;;}uugns aq hvui s4uaututoo ua44MM 09Z6 -8f£ V1193H uII 1x3 09L f- I Zf VZIUDN ;llvj uoi;vuuofu} 2.10tu.10,3 UpydnojoyN Jejed ejee)i U40r UOsu40r APUou ,1Uo4e%o9S'ePnr Poi JeUnsoeJi'e�—omoN APnr J!r 4:) eqA .AAa .3 U40r JI04::)'MeJPUV Va" SzauotSSilutuaJ vuld:)H ND!Pa)f V wIr UDlJLrte CPS Greg sluuea At04eJ0eS'0A!0U00 TIN JSJnsDeli'VD4'3 UDa 4-4000W OA -1 48JDBIUA 4040'UOUDOON InDd Siauotssttuluo' VUUDV £0£SS NW 'D10W 49G4S UIDW AD3 SU Thursday, June 13, 1991 7:00 P.M. Fridley City Hall • Lower Level 6431 Llraversi Avenue NE Frid ey M Z S Q m 2 C U Copies of the Draft Environmental Impact Statement will be available for review at Minneapolis Public Libraries and Hennepin & Anoka County Libraries located within the study area. CIM MAY 2.4'91 =—qe LRT IN THE NORTHEAST CORRIDOR PUBLIC HEARINGS The Anoka and Hennepin County Regional Railroad Authorities invite citizens to comment on the Northeast Comdor Light Rail Transit (LRT) line: Wednesday, June 5,1991 7:00 P.M. Logan Community Center Monroe and Broadway Street Minneapolis Thursday, June 13,1991 7:00 P.M. Fridley City Hail • Lower Level 6431 University Avenue NE Fridley TOPICS FOR DISCUSSION: • Draft Environmental Impact Statement • The Proposed LRT Route • Your Comments WE WANT TO HEAR FROM YOU! Call 421-4760 Ext. 1171 in Anoka County and 348-9260 in Hennepin County for more Information. C!M MRV 2+'91