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HomeMy WebLinkAboutCouncil Information Memorandum 01-18-1991CIN OF PLYMOUTFF CITY COUNCIL INFORMATIONAL MEMORANDUM January 18, 1991 RECYCLING CASH DRAWING NO WINNER Next Week: $600 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR REMAINDER OF JANUARY: January 22 7:00 P.M Town Meeting, Area 3 City Council Chambers January 28 6:30 P.M. Plymouth Forum City Council Chambers January 28 7:00 P.M. Regular Council Meeting City Council Chambers 2. CITY OFFICES CLOSED -- Monday, January 21. Martin Luther King, Jr. Day. 3. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday, January 23, 7:30 a.m. The Plymouth Development Council will meet in the City Council conference room. A copy of the agenda is attached. (M-3) 4. FINANCIAL TASK FORCE -- Thursday, January 24, 4:00 p.m. The Financial Task Force will meet in the City Council conference room. 5. MEETING CALENDARS -- Meeting calendars for January and February are attached. The January calendar has been revised to reflect the change in meeting date for the HRA from January 24 to Monday, January 28. (M-5) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM January 18, 1991 Page 2 6. MLC LEGISLATIVE DINNER -- Wednesday, January 30. The annual Legislative Dinner will be held at the Decathlon Athletic Club. Reception at 6:30, dinner at 7:30 p.m. Councilmembers desiring to attend should notify Laurie. This is an excellent opportunity for Councilmembers to get to know legislators representing MLC communities as well as to receive a report on MLC activities for the last year. 7. ASSOCIATION OF METROPOLITAN MUNICIPALITIES -- Thursday, January 31, 4:30 - 6:00 p.m.. The AMM is hosting a reception for legislators and City officials at the Kelly Inn - St. Paul. A copy of the invitation is attached. Please contact Laurie if your plan to attend. (M-7) FOR YOUR INFORMATION..... 1. SPRINGSTED STUDY -- The study has been progressing during the week of January 14. On Tuesday, Springsted representatives met with Fred Moore to receive capital improvement plans in the geographic areas which are subject to the study. By Friday, January 17, Springsted expects to have completed their work on development absorption rates. Then absorption rates will be applied to the capital improvement plans to complete the picture. On Thursday, January 17, Springsted representatives met with Wayzata School District personnel to discuss building and operational matters. We have received comments from City Councilmembers with respect to the study assumptions. Revisions will be shared when they are received. 2. PLYMOUTH COMMUNITY LIBRARY -- Councilmember Helliwell has advised me that a second meeting date has been tentatively set with Mr. Cavanaugh on Tuesday, January 22 at 10:30 a.m.. She expects to meet with Mr. Cavanaugh at either Perkins or her home. She will confirm the meeting on Monday by voice mail. If Councilmembers are interested in attending, please leave me a voice mail message and I will confirm the details. Attached for information is a request for resumes and hourly rates from land acquisition specialists. Two on the list were supplied by Holmes and Graven and and three were supplied by Councilmember Vasiliou. (I-2) 3. POLICE OFFICER MEDIATION -- Jerry Butler from the State Bureau of Mediation offices has arranged the next mediation session with police officers for Friday, February 8 at 9 a.m. in the City Council Conference Room at Plymouth City Center. At this mediation session, we will be sharing our research on the issues raised by the T CITY COUNCIL INFORMATIONAL MEMORANDUM :anuary 18, 1991 Page 3 police officers letter in accordance with Council direction. We will also share the information with the City Council. 4. LEAGUE OF PLYMOUTH VOTERS - PETITION DRIVE -- In response to a January 15 letter from David Anderson, President, League of Plymouth Voters, the City Attorney has prepared the attached letter concerning the legal requirements for formatting a petition to submit to the City Council. Mr. Anderson's January 15 letter is also attached. (I-4) 5. BANKRUPT BUILDERS -- The attached letter from the City Attorney is in response to an inquiry from Joe Ryan on the issue of remedies available to the City against a person or company that has filed bankruptcy and then opens a new business under a different name. (I-5) 6. ELM CREEK INTERCEPTOR FACILITY PLAN -- The Metropolitan Waste Control Commission has begun work on a facility plan for the Elm Creek Interceptor. As part of the their engineering and planning process for the study, the MWCC is forming two advisory groups to keep communities affected by the interceptor involved. One advisory group, the Elm Creek Technical Advisory Committee, consists of city engineers or planners. I recommend that Fred Moore serve on the Technical Advisory Committee. The second advisory group, the Elm Creek Task Force, will consist of elected officials from each community. At this time the MWCC is requesting the appointment of an elected official from each city to serve on the Task Force. The first meeting of the Elm Creek Task Force has been scheduled for January 31 at a location yet to be announced. The Council should consider appointment of a Council representative to serve on the Elm Creek Task Force at the January 28 meeting. Attached is a letter form Gordon Voss, Chief Administrator, MWCC, on the advisory groups. (I-6) 7. NEWS RELEASES -- Attached are two news releases sent to the local newspapers and homeowner associations on the January 28 public hearing on the proposed recycling fee, and the February 2 Fire and Ice Festival. (I-7) 8. TRANSIT RIDERSHIP -- December ridership statistics for the Plymouth Metrolink and Dial -A -Ride transit systems are attached. (I-8) 9. LITIGATION -- Attached is a copy of an Order granting a summary judgment in favor of the City in the Sherri Drogue v. Wayzata Evangelical Free Church case. (I-9) CITY COUNCIL INFORMATIONAL MEMORANDUM January 18, 1991 Page 4 10. FIRE DEPARTMENT REPORT A copy of the Fire Department monthly activity report for December is attached. (I-10) 11. MINUTES -- a. Planning Commission, November 28, and December 5, 1990. (I-11) 12. CUSTOMER SERVICE LINE -- Documentation on a call received on the Customer Service Line is attached. (I-12) 13. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-13) 14. APPOINTMENT ROSTER -- Attached is a revised City Council appointment roster. The list deletes the Urban Hennepin County Citizens' Advisory Committee to which Mary Gabe was previously appointed. Hennepin Council has notified us that Plymouth doesn't have a representative on the Committee since the CDBG Program is no longer administered by the County. (I-14) 15. BOARD AND COMMISSION APPLICATIONS -- Requests continue to be received for board and commission applications. Another ten applications were mailed to interested residents this week. A total of five have been received back to date. 16. CORRESPONDENCE: a. Letter from Barbara Conrad, Senate Independent - Republican Research, to Mr. Jim Graham of the Hennepin County Office of Planning And Development, regarding the City's administration of a low-income home improvement grant to a Plymouth resident. Also attached is a letter from Jim Graham, and a memorandum from the Community Development Coordinator addressing Ms. Conrad's concerns is also attached. A meeting is scheduled to resolve this matter as expeditiously as possible. (I -16a) b. Letters to Steve Gerring, Mr. Gas service station, 11021 Highway 55, and the Lear -Sigler Diversified Holding Company, representing Mammoth Industries, from Minnesota Pollution Control Agency, approving corrective actions taken at these sites to cleanup petroleum tank releases. (I -16b) c. Letter to Mr. Doug Johnson, Birchview Elementary, from Eric Blank, granting permission for Birchview fifth graders to hold an ice fishing contest on Parkers Lake on February 3. (I -16c) CITY COUNCIL INFORMATIONAL MEMORANDUM January 18, 1991 Page 5 d. Letter from Mike and Cheryl Carter, 740 Ranchview Lane, inquiring on the status of escrow funds for street improvements from Hussman Investment Company. A letter from Dale Hahn responding to the Carter's is also attached. (I -16d) e. Letter responding to Pat Katzmarek, 3520 E. Medicine Lake Blvd., from Patricia Niels, President, Union City Mission Board of Directors, concerning the status of scheduling neighborhood meetings. Also attached is a letter to Pat Murphy, Union City Mission, from Blair Tremere, on the same subject. (I -16e) f. Letter to WCCO Radio Good Neighbor Award Program, from Eric Blank, recommending Barbara Edwards be recognized as a "Good Neighbor" on Monday, January 28. (I -16f) Frank Boyles Assistant City Manager )A--5 DATE: TO: FF�•� CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 January 16, 1991 Plymouth Development Council Bob Burger, President SUBJECT: JANUARY 23 DEVELOPMENT COUNCIL AGENDA The next meeting of the Plymouth Development Council will be held on Wednesday morning, January 23, at 7:30 a.m. in the Plymouth City Council Conference Room. The following items are scheduled for discussion. You may wish to bring up other items as well: I. Status Report: Wetlands and Financial Task Force. II. Status of Development Impact Analysis/1991-1995 Capital Improvement Programs III. Update on Development Picture in Plymouth. IV. Status of Comprehensive Plan Amendments. V. Streamlining of Building Permit Application/Tree Inventory Process VI. Other Business I hope to see you at the meeting. My phone number is 473-5507. BB:kec cc: James G. Willis, City Manager Blair Tremere, Director of Planning & Community Development Fred Moore, Director of Public Works Joe Ryan, Building Official Dick Carlquist, Director of Public Safety Frank Boyles, Assistant City Manager S.F. 1/22/91 �� JAI", '91 Q N M t0 M N N N N N Dn co F N N Of Y w N N 4 ; H a T Q O [G F LL N LL N z7 '- Ln O N i a �� U LL M O0 z N � N Ms T N N N n � ao ii LL N N N ... H r• N T Q O to <D LU 3 N LU a �� U LL O F N Q z M o n a . O •- N r i e -i 0 N Qi 0 N j N N Ms T 0114 JIM 13 '91 r -I cn 00 Q e -i 0 \ c Q� U)LO� � N x Q cc LL LO !— w xa xa xa X1:4 ra.xa a �- "0r= ¢o do do ¢o pOUao¢ E -o Oo Ho Ego Ego � � .. a� av •• a� a� a� CCcd H O a y d ^ b N I U 1 U U U ~ z ¢ w ¢ all it 10 �za � 04 �za CY) �u wo �-wOw a Nu:0w CMw� a � oo U) •• U U w � Z z� z LU Cfl�¢o CM Ozdo N -J. � N M a r� o U) N 3 6 W W ►-r i Q p p LL J I LU U LLI O ;>-+ M a ~ x H u N 3wo L 00 r- N CF-) -=:I- a > a I Q 0 0 E- a. a cn o o } c�nC) E3 C) ao ZZ as Q P4 'n U� <Y W Ow vo z a`" Lt7� f A A LO Z u00 �s O O OU OU .7 cn OUw H Q zV) Z �4 A HU G. 1 U)aU) •F u W r U MMOo W TMC7 . C7 z N Nam w uU) Q Z D U) T (fl CVO N 0114 JIM 13 '91 T� �mrN,�m N ga�aom W r' N 01 �' Of W N Qf m N fO' Q 3 Q N N O n N N f z m m N N N a N m m m O N N M S n N N r Q> 1- U Q a CO o N z MOr.a.- y T� �mrN,�m N ga�aom W r' N 01 �' Of W N Qf m N fO' Q 3 Q N N O n N N f z m m N N N 11 CIM JA&' I 1 r91 P-7 At 1.4 Q � Q � cn (0 M a N 07 N 0 u Z Q3 x O C7 LL L N 00 N O N W (3r Z � O j M P+ 00 I� r- N N 0 W a w a c7 o Z i z a a zui CMoo CO e— o � N N a4 o O z z H Q a O � a N (n m W ui < O D Pa ~ N A o a) CD ' pq^ N Q z U O U O. o H o N FH=+A w �o U^ W l g a A WOE x 00 Z o p a, 0 H U C7 00�a M W c� x pW0 a Q 0 z O ktir� �hi1i C3 M r 11 CIM JA&' I 1 r91 P-7 At ordially invite you to join us at �eception _ f L Thursday; January 31,1991 :• � r: � -� . r;:.�.-� � yrs Program S.30 to 5.45 p.m , 4 Buffington/Prentiss Rooms _ Kelly Inn'. St. Paul - State Capitol St. Anthony at Rice Street Larry Bakken, Councilmember _ Bob Long, Councilmember., Golden Valley - St. Paul � President .. _ , Vice -President F Please reply to Carol Williams, 2274008 By ZLesday, January 29,1991 Supported financially in part by: Briggs and Morgan Larkin Hoffman Daly & Lindgren, Ltd. Dain Bosworth, Inc: Miller & Schroeder Financial Inc. ` r sinew with Mayors and Contact Persons: You may extend this invitation dkne��nn y -V to other members of your council and staff as appropriate. - Please urge your legislators to attend, expecially those newly elected officials. I clim JAN, 1 S '91 January 17, 1991 Bud Storm Kymo TF+ Evergreen Lane Services 6200 Shingle Creek Parkway Brooklyn Center, MN 55430 SUBJECT: REQUEST FOR RESUME AND HOURLY FEE FOR NEGOTIATING LAND ACQUISITION Dear Mr. Storm: The City of Plymouth is interested in receiving resumes and hourly rates from qualified land acquisition specialists. The parcel of land that the City is contemplating acquiring is a five acre parcel located at the northeast quadrant of Highway 55 and Vicksburg Lane. The parcel is identified as 21 118 22 22 0009 (see attached map). The parcel is to be used as a site for a Hennepin County Community Library. The City's preferred method of acquisition is outright dedication of the parcel, or a reasonable portion thereof from the existing property owner. The second option would be to purchase a large enough portion of the parcel for the initial library facility (estimated at 12,000 sq. ft.), including parking, and any expansions (estimated to increase the building size to 22,000 sq. ft.). The remainder of the parcel would remain in control of the existing owner. To be considered by the Council for this work, please provide your resume and hourly rate no later than Monday, January 28. Woles questions, feel free to contact me at 550-5013. anager FB:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 ul-,� xl, w"I January 17, 1991 Dan Wilson Realty World, Streeter, 101 East Highway 212 Chaska, MN 55318 M; Q./ SUBJECT: REQUEST FOR RESUME AND HOURLY FEE FOR NEGOTIATING LAND ACQUISITION Dear Mr. Wilson: The City of Plymouth is interested in receiving resumes and hourly rates from qualified land acquisition specialists. The parcel of land that the City is contemplating acquiring is a five acre parcel located at the northeast quadrant of Highway 55 and Vicksburg Lane. The parcel is identified as 21 118 22 22 0009 (see attached map). The parcel is to be used as a site for a Hennepin County Community Library. The City's preferred method of acquisition is outright dedication of the parcel, or a reasonable portion thereof from the existing property owner. The second option would be to purchase a large enough portion of the parcel for the initial library facility (estimated at 12,000 sq. ft.), including parking, and any expansions (estimated to increase the building size to 22,000 sq. ft.). The remainder of the parcel would remain in control of the existing owner. To be considered by the Council for this work, please provide your resume and hourly rate no later than Monday, January 28. If you have an questions, feel free to contact me at 550-5013. i 1 a , Fran1 s Assi ity Manager FB:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 January 17, 1991 Helen Brooks Towle Real Estate 330 - 2nd Avenue South Suite 800 Minneapolis, MN 55401 SUBJECT: REQUEST FOR RESUME AND HOURLY FEE FOR NEGOTIATING LAND ACQUISITION Dear Ms. Brooks: The City of Plymouth is interested in receiving resumes and hourly rates from qualified land acquisition specialists. The parcel of land that the City is contemplating acquiring is a five acre parcel located at the northeast quadrant of Highway 55 and Vicksburg Lane. The parcel is identified as 21 118 22 22 0009 (see attached map) . The parcel is to be used as a site for a Hennepin County Community Library. The City's preferred method of acquisition is outright dedication of the parcel, or a reasonable portion thereof from the existing property owner. The second option would be to purchase a large enough portion of the parcel for the initial library facility (estimated at 12,000 sq. ft.), including parking, and any expansions (estimated to increase the building size to 22,000 sq. ft.). The remainder of the parcel would remain in control of the existing owner. To be considered by the Council for this work, please provide your resume and hourly rate no later than Monday, January 28. If you have any c e 2reestions, feel free to contact me at 550-5013.. cere 1 Franks,�oy�ie Assit C ty Manager FB:kec ov, 3wt 13 '11 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 January 17, 1991 Bruce Bermel Chase Real Estate 5353 Gamble Drive Suite 310 Minnepolis, MN 55416 =- On — SUBJECT: REQUEST FOR RESUME AND HOURLY FEE FOR NEGOTIATING LAND ACQUISITION Dear Mr. Bermel: The City of Plymouth is interested in receiving resumes and hourly rates from qualified land acquisition specialists. The parcel of land that the City is contemplating acquiring is a five acre parcel located at the northeast quadrant of Highway 55 and Vicksburg Lane. The parcel is identified as 21 118 22 22 0009 (see attached map). The parcel is to be used as a site for a Hennepin County Community Library. The City's preferred method of acquisition is outright dedication of the parcel, or a reasonable portion thereof from the existing property owner. The second option would be to purchase a large enough portion of the parcel for the initial library facility (estimated at 12,000 sq. ft.), including parking, and any expansions (estimated to increase the building size to 22,000 sq. ft.). The remainder of the parcel would remain in control of the existing owner. To be considered by the Council for this work, please provide your resume and hourly rate no later than Monday, January 28. W questions, feel free to contact me at 550-5013. Manager FB:kec CIN, xvt 13 "1 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 January 17, 1991 Jim Benson Chase Real Estate 5353 Gamble Drive Suite 310 Minneapolis, MN 55416 SUBJECT: REQUEST FOR RESUME AND HOURLY FEE FOR NEGOTIATING LAND ACQUISITION Dear Mr. Benson: The City ,of Plymouth is interested in receiving resumes and hourly rates from qualified land acquisition specialists. The parcel of land that the City is contemplating acquiring is a five acre parcel located at the northeast quadrant of Highway 55 and Vicksburg Lane. The parcel is identified as 21 118 22 22 0009 (see attached map). The parcel is to be used as a site for a Hennepin County Community Library. The City's preferred method of acquisition is outright dedication of the parcel, or a reasonable portion thereof from the existing property owner. The second option would be to purchase a large enough portion of the parcel for the initial library facility (estimated at 12,000 sq. ft.), including parking, and any expansions (estimated to increase the building size to 22,000 sq. ft.). The remainder of the parcel would remain in control of the existing owner. To be considered by the Council for this work, please provide your resume and hourly rate no later than Monday, January 28. If you have any questions, feel free to contact me at 550-5013. cerw,ry, Fjttnk7oyaf s Assi apt tity Manager FB:kec 3400 PLYMOUTH Bn! IL EVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CI,,, JNh 13 '91 luk I*t, b 11 6 Ft nnJ, " N Yl n\iJ a e N Yl �. r r t d P X889 - -� .41 9 t . _ cm --5311 19 11 92 — M v hw —i ell _e ■ 4 t' ✓ ; ,t x � W � O_ taa Ell f N C - •.. -- wa 1 a�ista l313S nlcu E a+ i ` .. G "J" •_ ■,■, D safie s>gin D ■ - ■ --N : m uta 93135 mis Yl Lit a ; cfy •a a9 1510 93935 MLS ry_jyy• �r, •' 4 S3Y 9t ZaGt .-._. Li A VIA FAX Mr. James J. Th on, Jr. Attorney Tel Holmes raven 20Q S th Sixth Street L— Minneapolis, Minnesota 55402 �. RE: The League of Plymouth Voters - Petition Drive �, r Dear Mr. Thomson: Over the past of the past few weeks, I have spoken with Laurie Rauenhorst, the Plymouth City Clerk, regarding the proper requirements for formatting a petition to be submitted to the Plymouth City Council. Ms. Rauenhorst stated that other than a general requirement that the petition language appear at the top of each page and that each person signing the petition print and sign their name, there were no other specific requirements she was aware of concerning a "proper" petition. I am therefore writing to you in' your capacity as City Attorney to request if you are aware of any other requirements, legal or otherwise, which the City of Plymouth requires in formatting a petition to submit to the City Council. I would appreciate your prompt reply to this request in writing within the next five business days. Thank you for your cooperation and assistance in responding to this request. cim 3r. 18 "1 MEAGHER & GEER WD. FLASKAMP SHIRI_E\' OKRENT LERNER CD. KNUDSON TIMOTHY W. RIOLEY THOMAS L ADAMS ATTORNEYS AT LAW VICTORIA L. WAGNER LAURA J. HANSOM DAVID B. ORFIELD MICHAEL D. GARY W. HOCH AGECHEN5 ROO(iER A. HAGEN 'AMF . RILEY 4200 MULTIFOODS TOWER JOHN J. MCDONALD, JR. EES - 33 SOUTH SIXTH STREET MARK 1. HELEY J. RICHARD BLAND MINNEAPOLIS, MINNESOTA 55402 CHRISTIAN A. PREUS R. GREGORY STEPHENS KARL J. YEAGER DONALD CHANCE MARK, JR. TELEPHONE MARY M. O'BRIEN ROBERT M. FRAZEE (612) 338-0661 DAVID A. ANDERSON KENNETH W. DODGE FACSIMILE 338-8384 ANDREA M. GARY M. HAGSTROM (612) ROBERT E. D EHLL STEVEN C. EGGIMANNBRUER L. BRADLEY M. )ONES fENTONAY C. ON JAY C. DOUGLAS J. MUIRHEAD AUTHORIZED PRACTICE LAW THOMAS" L. NSON CHARLES E. SPEVACEK MINNESOTA, IOWA. ILLINOIS, MICHIGAN A. G ROUC14IOH THOMAS CROUCH CHARLES H. BECKER NORTH DAKOTA AND WISCONSIN S. F. OORTNEY S. ROBERT E. SALMON IN WO LEATHA GREIN N'OLTER ROBERT R. FAFINSKI, IR. JOHN C. HUGHES WILLIAM M HART RANDY A. SHARSONO MARK SLOOMOUIST OF L WRITER'S DIRECT DIAL NUMBER DEBORAH K. SUNDOUIST MUARK B.B.. MARKHAM CLYDE F. ANDERSON OSCAR C. ADAMSON. D MARK C BRE NNAN A.W.NELSON `.�, January 15, 1991 I.E. MEAGHER. 1905.1979 ARTHUR B. GEER, 1909-1977 A VIA FAX Mr. James J. Th on, Jr. Attorney Tel Holmes raven 20Q S th Sixth Street L— Minneapolis, Minnesota 55402 �. RE: The League of Plymouth Voters - Petition Drive �, r Dear Mr. Thomson: Over the past of the past few weeks, I have spoken with Laurie Rauenhorst, the Plymouth City Clerk, regarding the proper requirements for formatting a petition to be submitted to the Plymouth City Council. Ms. Rauenhorst stated that other than a general requirement that the petition language appear at the top of each page and that each person signing the petition print and sign their name, there were no other specific requirements she was aware of concerning a "proper" petition. I am therefore writing to you in' your capacity as City Attorney to request if you are aware of any other requirements, legal or otherwise, which the City of Plymouth requires in formatting a petition to submit to the City Council. I would appreciate your prompt reply to this request in writing within the next five business days. Thank you for your cooperation and assistance in responding to this request. cim 3r. 18 "1 Mr. James J. Thomson, Jr. January 15, 1991 Page 2 Very truly yours, David A. Anderson President, League of Plymouth Voters DAA/doc cc: City of Plymouth L'-'Xz ATIN: Ms. Laurie Rauenhorst MA V, A N 1b'a CI CORRINE A. HEINE Attomey at Law Direct Dial (612) 337-9217 January 17, 1991 Mr. David A. Anderson Meagher & Geer 4200 Multifoods Tower 33 South Sixth Street Minneapolis,MN 55402 Dear Mr. Anderson: HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337-9300 Facsimile (612) 337-9310 In response to your January 15, 1991 letter, I am enclosing a copy of my letter to Laurie Rauenhorst regarding the issues that you raised in your letter. Please feel free to contact me if you have any questions. Sincerely, am J. Thomson JJT; amm Enclosure PL100-32A cc:, Laurie.Rauenhorst JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 January 17, 1991 Ms. Laurie Rauenhorst City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Petition for Special Election Dear Laurie: S-� HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone (612) 337-9300 Facsimile (612) 337-9310 f a; 0titJ`�"';} You requested advice regarding the legal requirements pertaining to a petition that is being circulated in the City requesting that a special election be called. You inquired as to whether signers of such a petition must be registered voters. Minnesota Statutes, Section 205.10, Subd. 1 states that a special election may be held "on a question on which the voters are authorized by law or charter to pass judgment." A special election on such a question may be ordered "upon a petition signed by a number of voters equal to 20% of the votes cast at the last municipal general election." In my opinion, the signers do not need to be registered voters, but merely eligible voters. Minnesota Statutes, Section 201.014 states that an individual who is 18 years of age or older, a citizen of the United States, and a resident in Minnesota for 20 days at the time of the election is eligible to vote, provided that the person has not lost his or her civil rights and is not mentally incompetent. As far as your question regarding the form of the petition, I would merely recommend that the petition contain the names and addresses of the persons signing it and a statement that by signing it they are acknowledging that they are eligible voters in the City. Gehl 01 1 x'91 Ms. Laurie Rauenhorst January 17, 1991 Page 2 Please feel free to call me if you have any questions. Sincerely, J me J. Thomson JJT/amm PL100-32A C1VI glt Ib'II JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 January 17, 1991 Mr. Joe Ryan Building Official City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 t Y-4A-� M HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 54102 Telephone (612) 337-9300 Facsimile (612) 337-9310 Re: Remedies Available Against Bankrupt Buildings Dear Joe: I have been asked to address the issue of what remedies, if any, are available to the City against a person or company that has filed bankruptcy and then opens a new business under a different name. In addressing this issue, I should emphasize that I am looking at it from the City's perspective, not from the perspective of an individual who may have purchased a home from a bankrupt builder. The Bankruptcy Code allows a debtor to discharge all of its debts if it complies with the provisions of the Code. There are several types of bankruptcy, such as Chapter 7 (liquidation) and Chapter 11 (reorganization). Actions by a debtor done with the intent to hinder, delay, or defraud creditors can constitute sufficient grounds for the bankruptcy court to deny discharge of a debt. These issues, however, are more commonly a concern of the individual who has contracted with the builder, rattier than a concern of the City in determining whether it can withhold issuance of building permits. Section 303(a) of the Uniform Building Code states that the building official must issue a building permit if the appropriate fees are paid and "if the building official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances." Whether the applicant has previously filed bankruptcy or not is not a factor upon which the building official can rely in deciding whether to issue a building permit. C I vi 3 v, 15'QI Li �jL I have been asked to address the issue of what remedies, if any, are available to the City against a person or company that has filed bankruptcy and then opens a new business under a different name. In addressing this issue, I should emphasize that I am looking at it from the City's perspective, not from the perspective of an individual who may have purchased a home from a bankrupt builder. The Bankruptcy Code allows a debtor to discharge all of its debts if it complies with the provisions of the Code. There are several types of bankruptcy, such as Chapter 7 (liquidation) and Chapter 11 (reorganization). Actions by a debtor done with the intent to hinder, delay, or defraud creditors can constitute sufficient grounds for the bankruptcy court to deny discharge of a debt. These issues, however, are more commonly a concern of the individual who has contracted with the builder, rattier than a concern of the City in determining whether it can withhold issuance of building permits. Section 303(a) of the Uniform Building Code states that the building official must issue a building permit if the appropriate fees are paid and "if the building official finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this Code and other pertinent laws and ordinances." Whether the applicant has previously filed bankruptcy or not is not a factor upon which the building official can rely in deciding whether to issue a building permit. C I vi 3 v, 15'QI Mr. Joe Ryan January 17, 1991 Page 2 From the City's perspective, there is little that can be done to prevent a bankrupt builder from obtaining a building permit if all of the requirements of the Building Code are met. The Building Code preempts municipalities from regulating in areas that are covered in the Building Code. Sincerely, nmThomson JJT/amm PL100-32CD cc:', Frank Boyles Blair Tremere CIM T January 2, 1991 Mr. James Willis City Manager City of Plymouth 3400 Plymouth Road Plymouth, MN 55447 Z� LO Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101 612 222-8423 r i RE: Involvement with Elm Creek Facility Plan MWCC,, Project Number 900400 Dear Mr. Willis: The Metropolitan Waste Control Commission has begun a facility plan for the Elm Creek Interceptor. We will be working with the consulting firm of Bonestroo, Rosene, Anderlik and Associates to complete the plan over the next 18 months. The Elm Creek Interceptor is planned to provide future sewer service capacity for the communities of Brooklyn Park, Corcoran, Dayton, Medina, Maple Grove and Plymouth within the Elm Creek Watershed out to the year 2050. The City of Rogers and Hassen Township could also be affected by the future development in the six communities. As an integral part of our engineering and planning work, we want to involve your community on a continuous basis as our work progresses. We want to form two adv_is_o_ry groups to___k�ep _your community -involved. The first advisory__grou_p_ will consist of a technc lly oriented group of city engineers or planners. We ire calling this first group the, Elm_Creek__Technical-Advisory _Gommit ae,. The sec�id- adyisory group _will consist of elected officials from_ e___ community. We are calling _the second group^ the.. Film Cree-k- mask Force: "� Both groups will have representatives from both the Metropolitan Council and the Metropolitan Waste Control Commission. We are planning the first Elm Creek Technical Advisory Committee Hall. We are planning the first Elm Creek Task Force meeting far- - the e_ ven ng of January 31, 199_1 at a- site yet to be determined. Both meetings wiles introduce all'invo3vea"comitiunties �o the objectives and methods of the Elm Creek Facility Plan. raoq t��.1 1 �'g1 Equal Opportunity/Affirmative Action Employer "0 Mr. James Willis Page Two January 2, 1991 We invite and welcome your participation in this process and the challenge to examine the future prospect of interceptor sewer service in your community. Zn order to assist us. we want you to select �nrssentati_v_eja._from our.mmuni ty to serve with these advisory groups. V_Technical e Group should be employees-of_y-oiLr-community involved_in the current "sewer service planniji,�n__problems_or_ related._planning-.funct_i.ons� - The vu --4,-tpson or_persons for the_..E_lm Creek Task Force_ should be your Mayor oerr Council member_, nmeone-who-best-xepresents.--your_.. community's policy stance towards_future__deve-lopment. Please copsider our invitation and inform us as to who you wish to represent your community on both advisory groups. Please contact Mr. Fred Stenborg of my staff, who is the Project Manager for the Elm Creek Study, should you require more information. We look forward to a productive and interesting planning effort with your involvement. Sincerely, � — �.e_ e. 04.a --- Gordon O. Voss Chief Administrator GOV:FJS:jle L7.FJS cc: Bob Schunicht, BRA INI m" 13'91 LO IRV- CITY OF January 16, 1991 PUMOUTR Dear President: I need your help in publicizing an upcoming public hearing on a proposed $1 monthly recycling fee, and the upcoming Fire and Ice Festival on Saturday, February 2. I have included two news releases giving details on both of these items. I would appreciate it if you would share this information with the members of your association. If you have any questions, please call me at 550-5016. Thanks for your help. Sincerely, Helen LaFave Communications Coordinator HL:kec CIM JAN 18 '91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 ,-. 07 CITY OF PLYMOUTR FOR IMMEDIATE RELEASE FOR MORE INFORMATION: January 16, 1991 Fred Moore, 550-5080 HEARING TO BE HELD ON PROPOSED RECYCLING FEE The Plymouth City Council will hold a public hearing on Jan. 28, 7 p.m., at the City Center, 3400 Plymouth Blvd., to hear citizen input on a proposal to initiate a $1 per month user fee to fund the recycling and yard waste composting program. The proposed fee would be included added on sewer and water bills. The annual cost of the recycling program is $360,000. A large portion of the program costs are reimbursed by the County. Currently, the City funds the remaining portion through property taxes. The City has offered curbside recycling to Plymouth residents since the mid-1980s. More than 50% of those served by the program participate. Residents are encouraged to attend the public hearing to share their opinions with the City Council. The hearing will be shown live on cable channel 37. Letters may be directed to the City Council, 3400 Plymouth Blvd. 55447. If you have any questions on this subject, contact Fred Moore at 550-5080. rlm JAN 1 F'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 RAI CITY OF PLYMOUTH+ FOR IMMEDIATE RELEASE FOR MORE INFORMATION: January 16, 1991 Mary Bisek, 550-5132 FIRE AND ICE FESTIVAL SET FOR FEB. 2 A free day of family fun is in store at the third annual Plymouth Fire & Ice Festival on Sat., Feb. 2 at Parkers Lake Park, Co. Ikd. 6 & Niagara Ln. Most events will run from 2 p.m. to dusk. Ongoing events will include hayrides, ice carving demonstrations, winter miniature golf, hockey goal shooting and dog sled demonstrations. In addition, several other activities are planned for specific times. 9 a.m. Men's Softball Tournament 11 a.m. Registration for novice skating races 12 noon Novice Skating Races 2:15 p.m. Minnetonka Figure Skating Club demonstrations 2:30 p.m. Ice Fishing Contest (ends at 4:30 p.m.) Wayzata East Jr. High Madrigal Singers 3 p.m. Perfect Chaos Kite Show 3:30 p.m. String Band 4:30 p.m. Wayzata West Jr. High Madrigal Singers 5:45 p.m. Hopkins High School String Quartet 6:45 p.m. Fireworks CIM JAN 13 '91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Festival goers can keep warm in the Parkers Lake Pavilion while they enjoy hot chocolate and other refreshments. The Plymouth Police Department will be collecting non- perishable food items at the festival for area food shelves. Festival -goers who bring a non-perishable item will receive a free Fire and Ice Festival button. Buttons will also be available for purchase for $1. Button sale proceeds will be donated to the food shelf. The Plymouth Fire & Ice Festival is sponsored by the City of Plymouth, the Plymouth Civic League, area businesses and civic groups. For more information, call 550-5130. r IM p,21 ' 1. =.:g PLYMOUTH METROLINK SOUTHWEST DAILY RIDERSHIP BY SERVICE TYPE DECEMBER 1990 COMMUTER REVERSE COMMUTER TOTAL SYSTEM WEEK OF: 12/03 - 12/07 1382 733 2115 12/10 - 12/14 1221 684 1905 12/17 - 12/21 1215 642 1857 12/24 - 12/28 622 304 926 12/31 180 -a 229_ TOTAL: 4620 2412 7032 DAILY AVERAGE RIDERSHIP 231 121 352 YEAR TO DATE AVERAGE 373 u 1'�1 MONTH: January February March April May June July August September October November December YEAR LONG AVERAGE METROLINK SOUTHWEST DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984-1990 COMMUTER/ REVERSE COMMUTER 1984 1985 1986 1987 1988 1989 1990 330 307 351 429 433 496 427 310 292 350 394 426 461 420 307 311 338 397 418 467 417 301 295 354 365 408 405 364 295 298 332 350 392 388 367 276 314 349 358 409 362 372 277 297 328 345 361 356 360 266 292 328 345 377 376 352 275 322 354 348 396 383 407 276 312 384 365 430 441 398 271 311 396 398 437 433 389 265 ------------------------------------------------- 320 412 391 409 398 352 287 306 356 374 408 414 373 * Effective April 1, 1990 Plymouth Metrolink providers changed from Medicine Lake Lines to Metropolitan Transit Commission. The passenger numbers for Medicine Lake Lines for the period 1984 - 1989 do not reflect transfers, while the 1990 Medicine Lake Lines figures includes transfers. Metropolitan Transit Commission figures reflect all fares whether cash or convenience. =-8 DAILY AVERAGE RIDERSHIP PLYMOUTH METROLINK NORTHEAST DAILY RIDERSHIP DECEMBER 1990 WEEK OF• 12/03 - 12/07 1610 12/10 - 12/14 1536 12/17 - 12/21 1522 12/24 - 12/28 716 12/31 278 176 TOTAL: 5560 278 YEAR TO DATE AVERAGE 276 DAILY RIDERSHIP AVERAGES BY MONTH MONTH: 1990 June 243 July 263 August 284 September 266 October 294 November 301 December ------------------- 278 YEAR LONG AVERAGE: 276 =,-8 :01 DAILY AVERAGE RIDERSHIP YEAR TO DATE AVERAGE PLYMOUTH METROLINK NORTHEAST DAILY RIDERSHIP DECEMBER 1990 WEEK OF: 12/03 - 12/07 1610 12/10 - 12/14 1536 12/17 - 12/21 1522 12/24 - 12/28 716 12/31 278 1776 TOTAL: 5560 278 Fwd DAILY RIDERSHIP AVERAGES BY MONTH MONTH: 1990 June 243 July 263 August 284 September 266 October 294 November 301 December ------------------- 278 YEAR LONG AVERAGE: 276 '0*1 A ►; JA% 15''91 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF December, 1990 %tP�t ; jti F 1 G '91 Cash Received ------- Non -Cash Fares ------- ------ Rides -------- Card Cards Bill Under No Senior/ Date Rte Fares Sales Recvd Transf. Later 6 Canc Show ReQuir Student Chldrn TOTAL Miles Hours 12/01/90 70 39.50 0.00 0.00 0.00 0.00 0.00 1 7 34 0 0 34 209 9.00 Saturday 39.50 0.00 0.00 0.00 0.00 0.00 1 7 34 0 0 34 209 9.00 12/02/90 70 18.00 0.00 4.00 0.00 0.00 0.00 1 5 18 0 0 18 19B B.50 Sunday -------- --- 18.00 --------------- 0.00 4.00 ------------------------------ 0.00 0.00 0.00 1 ------- 5 18 ------ 0 ---------------------- 0 1B 198 ------------ 8.50 -- 12103190 70 22.50 0.00 1.00 2.00 0.00 0.00 4 4 22 0 0 22 200 12.00 12/03/90 71 21.00 0.00 7.00 0.00 0.00 0.00 4 3 25 0 0 25 141 12.00 12/03/90 72 17.00 0.00 0.00 0.00 0.00 0.00 1 2 14 0 0 14 153 B.25 12/03/90 12 8.50 0.00 3.00 0.00 0.00 0.00 1 3 10 0 0 ------ 10 103 -------------- 7.50 -------- --- Monday -------- --- --------------- 69.00 -------------- 0.00 ------------------------------ 11.00 ------------------------------ 2.00 0.00 0.00 --------- 10 -------- 12 ---------------------- 71 ----------------------------- 0 0 71 597 -------------- 39.75 12/04/90 70 38.50 0.00 2.00 1.00 0.00 0.00 3 7 36 0 0 36 230 12.50 12/04/90 71 21.50 0.00 13.00 0.00 0.00 0.00 3 1 34 0 0 34 214 12.15 12/04/90 72 15.75 0.00 6.00 0.00 0,00 0.00 1 0 21 0 0 21 150 B.00 12/04/90 72 18.00 0.00 1.00 1.00 0.00 0.00 2 0 18 0 0 18 137 8.25 Tuesday -------- --- 93.75 --------------- 0.00 22.00 ----------------------------- 2.00 0.00 0.00 9 -------- 8 109 ----------------------------- 0 0 109 731 -------------- 41.00 12/05/90 70 54.75 0.00 0.00 3.00 0.00 0.00 0 0 47 0 0 47 219 12.00 12/05/90 71 26.00 10.00 11.00 0.00 0.00 2.00 4 6 37 0 0 37 215 12.25 12105/90 72 15.50 10.00 2.00 0.00 0.00 0.00 1 1 0 0 0 13 129 8.00 12/05/90 72 26.00 0.00 0.00 1.00 0.00 0.00 5 1 22 0 0 22 170 ------------- B.50 -------- --- Wednesday -------- --- --------------- 122.25 -------------- 20.00 ------------------------------- 13.00 ------------------------------ 4.00 0.00 2.00 --------- 10 --------- B ---------------------------- 119 ----------------------------- 0 0 119 733 ------------ 40.75 12/06/90 70 46.50 0.00 1.00 1.00 0.00 0.00 3 3 45 0 0 45 2B9 12.00 12/06/90 71 29.50 10.00 8.00 0.00 0.00 0.00 1 4 36 0 0 36 209 12.25 12/06/90 72 19.50 0.00 1.00 0.00 0.00 0.00 2 4 IB 0 0 18 147 B.50 12/06/90 72 6.50 10.00 3.00 0.00 0.00 0.00 2 2 11 0 0 11 127 --------------- 8.00 ----- -- Thursday -------- -- --- --------------- 104.00 --------------- 20.00 ------------------------------- 13.00 ------------------------------- 1.00 0.00 0.00 -------- 8 -------- 13 --------------------------- i10 --------------------------- 0 0 110 772 --------------- 40.75 12/07/90 70 47.00 0.00 1.00 1.00 0.00 0.00 4 0 40 0 0 40 256 12.50 12/47/90 71 21.00 0.00 13.00 0.00 0.00 0.00 10 2 32 0 0 31 198 12.00 12/07/90 72 19.55 0.00 1.00 0.00 0.00 0.00 8 1 16 0 0 16 142 7.75 12/07/90 71 14.00 0.00 3.00 0.00 0.00 0.00 2 0 16 0 0 16 133 8.00 %tP�t ; jti F 1 G '91 3 `91 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF December, 1990 Cash Received ------- Nen-Cash Fares ------- ------ Rides -------- Card Cards Bili Under No Senior/ Date Rte Fares Sales Recvd Transf. Later 6 Canc Show Regulr Student Chldrn TOTAL Miles Hours Friday 101.55 0.00 1B.00 1.00 0.00 0.00 24 3 104 0 0 104 729 40.25 12/08/90 70 25.50 0.00 0.00 0.00 0.00 0.00 1 2 22 0 0 22 201 9.00 Saturday 25.50 0.00 0.00 0.00 0.00 0.00 1 2 22 0 0 22 201 9.00 12/09/90 70 6.50 0.00 6.00 6.00 0.00 0.00 1 1 16 0 0 16 187 8.25 Sunday 6.50 0.010 6.00 6.00 0.00 0.00 1 1 16 0 0 16 187 8.25 12/10/90 70 24.50 0.00 4.00 0.00 0.00 0.00 9 3 25 0 0 25 224 12.00 12/10/90 71 24.00 10.00 11.00 0.00 0.00 0.00 2 0 32 0 0 32 213 12.00 12/10/90 72 0.00 20.00 14.00 0.00 0.00 0.00 1 2 14 0 0 14 13B B.25 12/10/90 -------- 72 --- 23.90 --------------- 0.00 0.00 0.00 0.00 0.00 3 2 18 0 0 1B 166 8.25 Monday -------- --- 72.40 --------------- 30.00 ------------------------------- 29.00 ------------------------------ 0.00 0.00 0.00 ------- 15 -------- 7 ------ B9 ----------------------------- --------------------- 0 0 B9 ------------- 741 --------------- 40.50 12/11/90 70 31.00 0.00 2.00 0.00 0.00 0.00 0 1 29 0 0 29 202 12.00 12/11/90 71 26.50 0.00 6.00 1.00 0.00 0.00 5 0 31 0 0 31 235 12.25 12/11/90 72 14.50 0.00 2.00 0.00 0.00 0.00 1 0 16 0 0 16 131 7.75 12/11/90 72 19.00 0.00 4.00 0.00 0.00 1.00 5 2 22 0 0 22 1B3 8.25 Tuesday 91.00 0.00 14.00 1.00 0.00 1.00 11 3 98 0 0 98 751 40.25 12/12/90 70 338.00 0.00 0.00 2.00 0.00 0.00 4 5 36 0 0 36 231 12.25 12/12/90 71 21.00 0.00 12.00 0.00 0.00 0.00 5 4 33 0 0 33 246 12.00 12/12/90 72 13.50 0.00 7.00 0.00 0.00 0.00 1 0 IB 0 0 18 147 B.00 12/12/90 72 16.00 0.00 0.00 0.00 0.00 0.00 7 0 16 0 0 16 179 B.25 Wednesday -------- --- 90.50 -------------- 0.00 19.00 ---------------------------- 2.00 0.00 0.00 17 --------- 9 103 ----------------------------- 0 0 103 B03 --------------- 40.50 12/13/90 70 34.50 0.00 1.00 1.00 0.00 0.00 3 0 34 0 0 34 231 12.50 12/13/90 71 29.50 10.00 9.00 0.00 0.00 0.00 1 0 37 0 0 37 22B 12.75 12/13/90 72 22.00 0.00 1.00 0.00 0.00 0.00 5 2 19 0 0 19 154 B.00 12/13/90 72 14.00 10.00 5.00 0.00 0.00 1.00 0 0 19 0 0 19 144 B.00 Thursday -------- --- 100.00 ------------- 20.00 16.00 ------------------------------- 1.00 0.00 1.00 9 -------- 2 109 ------------------ 0 0 ---------- 109 757 -------------- 41.25 12/14/90 70 33.50 0.00 1.00 2.00 0.00 0.00 3 0 33 0 0 33 224 12.25 3 `91 M-% PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF December, 1990 JA.� 13 fg, Cash Received ------- Non -Cash Fares ------- ------- Rides -------- Card Cards Bill Under No Senior/ Date Rte Fares Sales Recvd Transf. Later 6 Canc Show Regulr Student Chldrn TOTAL Miles Hours 12/14/90 71 23.00 0.00 10.00 0.00 0.00 2.00 8 4 34 0 0 34 239 , 12.25 12/14/90 72 34.00 0.00 1.00 0.00 0.00 0.00 4 4 27 0 0 27 183 9.00 12/14/90 72 8.75 0.00 7.00 0.00 0.00 0.00 2 1 16 0 0 16 108 8.00 Friday 99.25 0.00 19.00 2.00 0.00 2.00 17 9 110 0 0 110 754 41.50 12/15/90 70 25.00 0.00 5.00 1.00 0.00 0.00 5 4 28 0 0 28 197 8.50 Saturday 25.00 0.00 5.00 1.00 0.00 0.00 5 4 28 0 0 28 197 8.50 12/16/90 70 40.50 0.00 1.00 0.00 0.00 0.00 5 4 35 0 0 35 204 9.00 Sunday 40.50 0.00 1.00 0.00 0.00 0.00 5 4 35 0 0 35 204 9.00 12/17/90 70 33.50 0.00 1.00 2.00 0.00 0.00 8 4 29 0 0 29 213 12.75 12/17/90 71 24.00 0.00 6.00 0.00 0.00 0.00 4 0 27 0 0 27 211 12.54 12/17/90 72 24.00 0.00 0.00 0.00 0.00 0.00 2 1 19 0 0 19 201 9.00 12/17/90 72 10.50 0.00 1.00 0.00 0.00 0.00 1 2 9 0 0 9 121 --------------- 6.50 -------- Monday ----- -- -- -- --------------- 92.00 -------- 0.00 ----- ------------------------------ 8.00 ------------------------------- 2.00 0.00 0.00 -------- 15 --------- 7 ----------------------------- 84 ------ 0 ---------------------- 0 B4 752 ------------ 40.75 -- 12/18/90 70 34.00 0.00 0.00 2.00 0.00 0.00 1 6 36 0 0 36 247 12.50 12/18/90 71 28.50 0.00 8.00 0.00 0.00 0.00 4 2 34 0 0 34 233 12.00 12/18/90 72 20.00 10.00 3.00 0.00 0.00 0.00 2 0 20 0 0 20 163 8.00 12/18/90 72 30.50 0.00 1.00 0.00 0.00 0.00 2 3 27 0 0 27 169 9.00 Tuesday 113.00 10.00 12.00 2.00 0.00 0.00 9 11 ill 0 0 117 812 41.50 12/19/90 70 51.00 0.00 2.00 2.00 0.00 0.00 0 1 46 0 0 46 294 13.00 12/19/90 71 25.00 0.00 16.00 0.00 0.00 2.00 8 1 40 0 0 40 241 12.25 12/19/90 72 10.50 0.00 2.00 0.00 0.00 0.00 4 0 13 0 0 13 229 10.00 12/19/90 72 28.00 0.00 0.00 0.00 0.00 0.00 0 --------- 3 25 0 0 25 176 --------------- 8.00 -------- --- Wednesday --------------- 114.50 0.00 ------------------------------ 20.00 2.00 0.00 2.00 12 5 ----------------------------- 124 0 0 124 940 43.25 12/20/90 70 37.50 0.00 0.00 0.04 0.44 0.00 4 3 35 0 0 35 232 12.50 12/20190 71 27.50 20.00 6.00 0.00 0.00 0.04 9 0 31 0 0 31 232 12.50 12/20/90 72 26.00 0.00 0.00 0.00 0.00 0.00 3 0 24 0 0 24 157 8.25 12/20/90 72 9.50 0.00 2.00 0.00 0.00 0.00 1 0 11 0 0 11 102 8.00 JA.� 13 fg, 19 1 PLYMDUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF December, 1990 Cash Received ------- Non -Gash Fares ------- ------- Rides -------- Card Cards Bill Under No Senior/ Date Rte Fares Sales Recvd Transf. Later 6 Canc Shoe Regulr Student Chldrn TOTAL Miles Hours Thursday 100.50 20.00 8.00 0.00 0.00 0.00 17 3 101 0 0 101 723 41.25 12/21/90 70 35.50 0.00 0.00 2.00 0.00 0.00 11 1 36 0 0 36 233 12.50 12/21/90 71 21.00 0.00 6.00 0.00 0.00 4.00 11 7 27 0 0 27 196 12.50 12/21/90 72 14.50 10.00 3.00 0.00 0.00 1.00 5 0 18 0 0 1B 129 7.00 12/21/90 72 20.00 0.00 0.00 0,00 0.00 0.00 8 4 16 0 0 lb 136 9.25 Friday 91.00 10.00 9.00 2.00 0.00 5.00 35 12 97 0 0 97 694 41.25 12/22/90 70 24.00 0.00 7.00 0.00 0.00 0.00 7 3 27 0 0 27 174 8.50 Saturday 24.00 0.00 7.00 0.00 0.00 0.00 7 3 27 0 0 27 174 8.50 12/23190 70 20.00 0.00 1.00 1.00 0.00 0.00 2 3 17 0 0 17 75 8.00 Sunday 20.00 0.00 1.00 1.00 0.00 0.00 2 3 17 0 0 17 75 0.00 12/24/90 70 13.50 0.00 0.00 0.00 0.00 0.00 8 2 11 0 0 11 70 11.00 12124/90 71 19.00 0.00 3.00 0.00 0.00 0.00 12 0 16 0 0 16 181 11.00 Monday -------- --- 32.50 ------------- 0.00 3,00 ------------------------------ 0.00 0.00 0.00 20 --------- 2 27 ----------------------------- 0 0 27 251 -------------- 22.00 12/26/90 70 50.00 0.00 0.00 2.00 0.00 0.00 9 4 40 0 0 40 231 12.50 12/26/90 71 19.00 0.00 2.00 0.00 0.00 0.00 9 1 16 0 0 16 192 12.00 12/26/90 72 10.75 0.00 3.00 1.00 0.00 0.00 5 0 12 0 0 12 136 9.00 12126/90 72 15.00 0.00 1.00 0.00 0.00 2.00 3 2 15 0 0 15 130 • 7.00 12/26/90 79 0.00 20.00 0.00 0.00 0.00 0.00 0 0 0 0 0 0 0 0.00 Wednesday ----- -- --- 94.75 --------------- 20.00 6.00 ------------------------------ 3.00 0.00 2.00 26 --------- 7 B3 ---------------------- 0 0 ------ B3 689 ------------- 40.50 12/27/90 70 41.00 0.00 0100 1.00 0.00 0.00 6 4 3B 0 0 38 216 12.50 12127190 71 23.00 0.00 3.00 0.00 0.00 0.00 10 3 23 0 0 23 173 12.00 12121/90 72 23.00 0.00 1.00 0.00 0,00 0.00 7 1 19 0 0 19 135 8.50 12/27/90 72 14.50 0.00 2.00 1.00 0.00 0.00 0 2 15 0 0 15. 136 7.50 Thursday -------- --- 101.50 -------- 0.00 ----- 6.00 ------------------------------ 2.00 0.00 0.00 23 --------- 10 95 --------------------------- 0 0 95 660 -------------- 44.50 12/2B/90 70 62.25 0.00 0.04 0.00 0.00 0.00 8 3 46 U 4 48 234 12.50 12/28/90 71 19.50 40.00 6.00 0.00 0.00 0.00 8 0 24 0 0 24 183 12.00 19 1 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF Decesher, 1990 TOTALS 2105.70 190.00 283.00 43.00 0.00 15.00 353 177 PLYMOUTH TRANSIT Total days in sonth = 30 Total Passengers an 20 weekdays Total Passengers on 10 weekend days Total Passengers per Hour Total Miles per Passenger 2144 0 0 2144 15679 878.25 1B95, or 95 per day 249, or 25 per day 2144 2.4 7.3 GIM JAP,! 16 f91 Cash Received ------ Non -Cash Fares ------- ------- Rides ------- Card Cards Bill Under No Senior/ Date Rte Fares Sales Recvd Transf. Later 6 Canc Show Regulr Student Chldrn TOTAL Miles Hours 12/28/90 72 14.00 0.00 0.00 0.00 0.00 0.00 2 0 14 0 0 14 120 7.00 12/28/90 72 14.00 0.00 1.00 0.00 0.00 0.00 3 1 13 0 0 13 72 B.00 Friday 109.75 40.00 7.00 0.00 0.00 0.00 21 4 99 0 0 99 609 39.50 12/29/90 70 26.50 0.00 1.00 3.00 0.00 0.00 5 5 26 0 0 26 131 8.00 Saturday 28.50 0.00 1.00 3.00 0.00 0.00 5 5 26 0 0 26 131 B.00 12/30/90 70 30.00 0.00 1.00 3.00 0.00 0.00 0 0 26 0 0 26 143 8.50 Sunday 30.00 0.00 1.00 3.00 0.00 0.00 0 0 26 0 0 26 143 8.50 12/31/90 70 20.50 0.00 0.00 0.00 0.00 0.00 6 4 15 0 0 15 149 12.00 12/31/90 71 18.50 0.00 0.00 0.00 0.00 0.00 9 4 15 0 0 15 149 11.75 12/31/90 72 16.00 0.00 4.00 0.00 0.00 0.00 2 0 16 0 0 16 164 12.25 Monday 55.00 0.00 4.00 0.00 0.00 0.00 17 B 46 0 0 46 462 36.00 TOTALS 2105.70 190.00 283.00 43.00 0.00 15.00 353 177 PLYMOUTH TRANSIT Total days in sonth = 30 Total Passengers an 20 weekdays Total Passengers on 10 weekend days Total Passengers per Hour Total Miles per Passenger 2144 0 0 2144 15679 878.25 1B95, or 95 per day 249, or 25 per day 2144 2.4 7.3 GIM JAP,! 16 f91 PLYMOUTH DIAL -A -RIDE 1990 MONTHLY COST SUMMARY -------- Less Revenue-----__� Cash Coupons Value of Equals Subsidy/ Recovey Total Rides/ Service Miles/ Miles/ Total Cost Fares SubmittedTransfrs TOTAL Deficit Passenger Pass. Ratio Hours Hour Miles Hour Pass. Jan -90 16536.38 2138.50 138.00 2376.50 -14161.88 2,197 $6.45 14.41 806.75 2.7 17,235 21.36 7.84 Feb -90 15200.75 2161.50 173.00 2334.50 -12866.25 2,167 $5.94 15.41 741.50 2.9 14,931 20.14 6.89 Mar -90 16107.67 2163.00 214.00 1377.00 -13730.87 21190 $6.27 14.81 785.75 2.8 16,059 20.44 7.33 Apr -90 15226.38 1755.75, 278.00 1033.75 -13192.63 11816 $7.26 13.41 725.75 2.5 15,073 20.77 B.29 May -90 16072.00 1618.00 400.00 2018.00 -14054.00 1,834 $7.66 12.61 784.00 2.3 15,119 19.28 8.24 Jun -90 16881.75 1905.80 342.00 2247.80 -14633.95 2,085 $7.02 13.31 823.50 2.5 15,819 19.21 7.59 Jul -90 17061.13 1821.50 258.00 1079.50 -14981.63 1,864 $8.04 12.21 832.25 2.2 15,914 19.13 8.54 Aug -90 18373.13 2116.20 242.00 2358.20 -16014.93 21136 $7.50 12.81 896.25 2.4 16,325 18.21 7.64 Sep -90 16123.25 1740.25 304.00 133.00 2177.25 -13946.00 1,963 $7.10 13.51 786.50 2.5 14,991 19.06 7.64 Oct -90 16601.70 1819.75 394.00 91.00 2304.75 -16296.95 2,142 $7.61 12.41 907.40 2.4 16,414 18.09 7.66 Nov -90 17384.00 1840.25 302.00 59.00 2201.25 -15182.75 1,963 $7.73 12.71 848.00 2.3 15,457 18.23 7.67 Dec -90 18004.13 2105.70 276.00 43.00 2424.70 -15579.43 21144 $7.27 13.51 878.25 2.4 15,679 17.85 7.31 ------------------------------------------------------------------- ------------ -------------- -------- ------------- Accusulated Totals 201574.47 23186.20 3411.00 326.00 26933.20 -174641.27 24,503 $7.13 13.41 9,815.90 2.5 189,026 19.26 7.71 JAMES J. THOMSON Attorney at law Direct Dial (612) 337-9209 January 11, 1991 Mr. Robert J. P�er�t�o'zn Risk Management Coordinator City of .P-lymou th 3400 Plymodth Boulevard --Plymouth, MN 55447 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone(612)337-9300 Facsimile (611) 337-9310 Re: Sherri Drogue v. Wayzata Evangelical Free Church Dear Bob: Enclosed is a copy of the Order granting summary judgment in favor of the City in the above matter. You will recall that this case involves the boy who was injured when he rode his bike off a retaining wall. The allegations against the City were based on the fact that the City approved the site plan that included the retaining wall. We argued that the City was immune from liability for approval of plans, and the court agreed with us. The ruling can be appealed, but I do not believe that an appeal is likely. Any such appeal must be filed within 90 days after the judgment is entered. The matter is currently scheduled for trial the week of January 28 and judgment will be entered sometime after the trial is concluded. Because of the ruling in favor of the City, there will be no need for the City to participate in the trial. Sincerely, ames J. Thomson JJT/amm Enclosure PL100�ames 94 cc: Willis (w/enc.) Blair Tremere (w/enc.) C`i'a" x" 'u 13 '91 ! QJ Case Type: Personal Injury STATE OF MINNESOTA— y DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Sherri Drouge, mother and natural guardian of Wade T. Haase, a minor, Plaintiff, V. Court File No. PI 89-787 Wayzata Evangelical Free Church, ORDER FOR Defendant and SUMMARY JUDGMENT Third -Party Plaintiff, V. Dennis Batty and Dennis Batty & Associates, Inc., Architects, Third -Party Defendants and Fourth-Party.Plaintiffs, V. City of Plymouth, Fourth -Party Defendant. ------------ ----------------------- The ------------- The above -entitled matter came on before the Honorable John J. Sommerville at the Hennepin County Government Center, Minneapolis, Minnesota on December 26, 1990, upon the motion of j fourth -party defendant for summary judgment. Fourth -party defendant was represented by James J. Thomson, Holmes & Graven, Chartered; Fourth -party plaintiffs were represented by John Hoffman; Plaintiff was represented by George G. Eck; and Defendant was represented by Barbara Zurek. 1 CIM JANE 13 191 After hearing the arguments of counsel and reviewing the memoranda, affidavits, exhibits and other files, the court being fully advised in the premises; IT IS ORDERED: 1. That fourth -party defendant's motion for summary judgment is granted. 2. That judgment be entered in favor of fourth -party defendant. Dated: i) /10 1 199. 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E tJ1 11 U) O 11 w w a u O cn u O E 0 II -4 1:4 i) 04 H II W z u -4 IbN00170N•- %Dt-NOOr-CD"4-1.-4NP4N 11 N W 9"4 •"4 11 n U E II W O II D H II •• cA I -e •Q' N co N H Ln n .-4 -4 11 Ln z ,tn ii z w ii E D n .-1 n .-1 .--1 N •-1 .-1 11 n z W II N �a u 040ou 10 W U II w a a �• Ha wx x z 1-10 O O I Ln M N er M r-1 ,--1 .-1 .-1 .-i 11 N II N O z -4 N 11 11 zO O len co N -W �--I .-i •-i II O 11 N 14 CN OD .� W II � It w m%DCD e0 O ooNwOD1n rn rA W V-4°° M O I N Ln M .-1 P-1 N M .-I 11 ON .-1 H O O p E 1.0 N II O ^ I 11 m '-1 0 .-i N .-1 e -I N N N II rl Co n Ln N O 00 01Nar n0 to O %D z Co O ^ 11 " ^' H N W II t0 H II H W w a w va o z to W z H w E-4 4 W O z v, o c7 0E -40W U Z U U W 954tn04z0 ww •• w z WH>4wvOHW oxxHacn ww�7 04 tnU� E 1-+ aEaazEU �EC4=UtnxxWDm �WE a cn a wzmaHoHc�EUE H o1-ItYHw x0 •• cn o a E W Z O E to to x to ;> w e:� a w E C) 04 00WUwHwa U sZpOzEtAHDEv4�Q�••Hto0 zLawa UzLa>4 w��w opo w �w W W W a N H z W w W Vi m x H UO Eztn Uax cnE--q0 00 MEa� � cn U 4p41% HOE wcnHHHE-4lZmou o Ha Hw w > W W W 4 0 �wZ) U M = 0 M W H'J E.,y 44cn�H a+ HQ ExCO=�Z000WE-E a inE-E4 H z�E+E+ �+ W a 0 E D U w w E z E a D z z z z O * OU cn E 04 04MX04WHcncr�0HHHH UwEow st .Ir',i 1'91 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 28, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners John Wire, Hal Pierce, Dennis Zylla, Joy Tierney, Larry Marofsky, and Michael Stulberg. MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, Director Blair Tremere, Assistant City Engineer John Sweeney, and Sr. Clerk/Typist Denise Lanthier. *MINUTES Motion by Commissioner Marofsky, seconded by Commissioner Stulberg, to approve the minutes for the November 14, 1990, Planning Commission meeting, subject to the following changes: On Page 198, paragraph 2, the title of Chairman Marofsky should be changed to Commissioner Marofsky. On Page 198, paragraph 10 should be changed to read, "Commissioner Tierney asked Mr. Miller to explain the history of his previous petition to rezone this site in 1987." Vote. All Ayes. MOTION carried. Chairman Plufka introduced the request by Robert and Andrea Nichols for a Planned Unit Development Plan and Conditional Use Permit amendment to Cimarron Ponds RPUD to construct a three season porch for property located at 1090 Weston Lane North. Coordinator Dillerud gave an overview of the November 14, 1990, staff report. Commissioner Wire asked if the street grade is higher than the property. =- %k MOTION TO APPROVE VOTE - MOTION CARRIED ROBERT AND ANDREA NICHOLS (90098) CIM JAI, 13 '91 Planning Commission Minutes November 28, 1990 Page 204 Commissioner Pierce asked if there is a berm on the property. Chairman Plufka introduced Bill Chenvert, the builder representing Robert and Andrea Nichols. Mr. Chenvert stated that he has built three other three season porches for residents in the Cimarron Ponds development. He stated that one of the porches he built fronts Vicksburg Lane and is very similar in appearance and setbacks to the porch proposed. Mr. Chenvert stated that the petitioners have conformed to all of Cimarron Ponds Homeowner Association's requirements by reducing the size of the porch to 10' x 18' and by using the same materials for the brick and windows as the other porches built within the development. Chairman Plufka` opened the public hearing. Chairman Plufka introduced Tony Lubowitz, representative of the Cimarron Ponds Homeowner Association. Mr. Lubowitz stated that the petitioners are, with the revised plans, in conformance with the Homeowner Association's requirements for building a three season porch, but stated that the Homeowner Association has not formally approved it yet. Mr. Lubowitz stated he is upset to see the foundation in before final approval. He added that the street grade is 5' to 6' above the level of the house and that there is berming along the street. Commissioner Pierce asked how many other applications for three season porches has Cimarron Ponds Homeowner Association approved. Mr. Lubowitz responded that they have approved 6 or 7 applications. Commissioner Pierce suggested the Cimarron Ponds Homeowner Association request a blanket approval for building three season porches. Mr. Lubowitz stated that a blanket approval might get lost or misconstrued, and the Homeowner Association could lose control. Commissioner Zylla asked how the Homeowner Association feels about the setback proposed. Mr. Lubowitz responded that the Homeowner Association prefers an 8' setback, but that they are satisfied with a 6' setback as proposed since there are no neighbors across the street. Chairman Plufka closed the public hearing. Planning Commission Minutes �.•�` Noveiiiber 28, 1990 Page 205 Commissioner Stulberg asked Mr. Chenvert what has already been started as far as the building process for this proposal. Mr. Chenvert responded that the cement pad and footings are in place. Commissioner Pierce asked staff if the proposed reduction in porch size would make a difference in staff's current recommendation. Coordinator Dillerud responded affirmatively, stating staff would then recommend approval. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Wire, to recommend approval of the request by Robert and Andrea Nichols for a Planned Unit Development Plan and Conditional Use Permit amendment to Cimarron Ponds RPUD to construct a three season porch for property located at 1090 Weston Lane North, subject to the conditions set forth by staff in the approving resolution, but amending the introduction paragraph to state the size of the porch as 10' x 18'. MOTION by Commissioner Marofsky, seconded by Chairman MOTION TO AMEND Plufka, to amend the main motion by adding a fourth condition stating that approval is conditioned upon the formal approval by Cimarron Ponds Homeowner Association. Roll Call Vote on Amending Motion. 7 Ayes. MOTION VOTE - MOTION TO AMEND Carried. CARRIED Roll Call Vote on Main Motion. 7 Ayes. MOTION carried. VOTE - MAIN MOTION CARRIED Chairman Plufka introduced the request by Dwight Larson DWIGHT LARSON (90099) for a Conditional Use Permit, Site Plan, and variances to improve and operate a car wash for property located at 11318 Highway 55. Chairman Plufka waived the overview of the November 15, 1990, staff report. Coordinator Dillerud stated that staff received amended plans that afternoon, but they have not had an opportunity to review them. Chairman Plufka introduced Del Erickson, the architect representing the petitioner. Mr. Erickson stated that the petitioner wants to reopen this car wash business. He stated that there will be no major changes to the site except for some upgrading (landscaping, curbing, etc.). Mr. Erickson expressed a Gfsri JAI 13 `91 Planning Commission Minutes November 28, 1990 Page 206 concern about being set back in time due to a tabling action as recommended by staff. He asked the Commission for another alternative. Chairman Plufka introduced Dwight Larson, the petitioner. Mr. Larson stated that we wants to use the existing driveway to West Medicine Lake Drive, and the service drive. He stated that he does not want to improve the west portion of the site where the existing service station is located until his plans for a new service station are complete. Chairman Plufka opened the public hearing. There was no one present to speak on the issue. Commissioner Pierce asked staff why a Conditional Use Permit is required for the station. Coordinator Dillerud responded that the station itself is a legal nonconforming use, but the car wash vacuum apparatus will be located on the service station site, and that new use requires a Conditional Use Permit. Commissioner Pierce asked if the petitioner could amend the Conditional Use Permit for a joint use, but keep the parcels separate. Commissioner Stulberg stated that another option could be having no car wash activity off the car wash site. MOTION by Chairman Plufka, seconded by Commissioner Pierce, to continue the public hearing for the request by Dwight Larson to the December 5, 1990, Planning Commission meeting. Roll Call Vote. 4 Ayes. Commissioner Stulberg and Chairman Plufka Nay. Commissioner Marofsky Abstained. MOTION carried. Chairman Plufka introduced the request by Davey Tree Expert Company for a Conditional Use Permit and Site Plan for property located at 2500 Fernbrook Lane North. Coordinator Dillerud gave an overview of the November 15, 1990, staff report. Chairman Plufka introduced James Parker, the engineer representing the petitioner. Mr. Parker stated that he had no comments, but would be available to answer questions. Z-+ 1 MOTION TO CONTINUE PUBLIC HEARING VOTE - MOTION CARRIED DAVEY TREE EXPERT COMPANY (90101) JAN, 13,91 Planning 'Commission Minutes November 28, 1990 Page 207 Chairman Plufka opened the public hearing. There was no one present to speak on the issue. Chairman Plufka closed the public hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Wire, to recommend approval of the request by Davey Tree Expert Company for a Conditional Use Permit and Site Plan for property located at 2500 Fernbrook Lane North, subject to conditions set forth by staff in the approving resolution. Roll Call Vote. 7 Ayes. MOTION carried. Chairman Plufka introduced the request by Clarence and Marilyn Gordon for a Conditional Use Permit and General Development Plan amendment for property located at 410 Zinnia Lane North. Coordinator Dillerud gave an overview of the November 15, 1990, staff report. Commissioner Marofsky asked if the existing General Development Plan specifies a duplex or two-family residence for the other non -single family lots. Coordinator Dillerud responded duplex. Commissioner Marofsky asked if parking would be sufficient. Coordinator Dillerud responded affirmatively, stating that the existing driveway was lengthy. Commissioner Marofsky asked if staff has inspected the house to verify that the proper facilities are there to make this house into a duplex. Coordinator Dillerud responded that the City has verified this by "as-builts," but that they could also physically inspect the house if the Commission so desired. Chairman Plufka introduced Marilyn Gordon, the petitioner. Ms. Gordon stated that the house was built six years ago. She expressed her frustration over the high fees the City charges utilities and parks when the house is converted to a duplex. Commissioner Pierce asked if there is a separate exit/entrance for the lower duplex. Ms. Gordon responded affirmatively and added that there is adequate parking space. Chairman Plufka opened the public hearing. VOTE - MOTION CARRIED CLARENCE AND MARILYN GORDON (90102) Planning Commission Minutes November 28, 1990 Page 208 Chairman Plufka introduced Tracy Kochendorfer of 321 Wedgewood Lane North. Ms. Kochendorfer stated that she has no concerns over the proposed plan. Chairman Plufka closed the public hearing. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Tierney, to recommend approval of the request by Clarence and Marilyn Gordon for a Conditional Use Permit and General Development Plan amendment for property located at 410 Zinnia Lane North, subject to the conditions set forth by staff in the approving resolution. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Pierce, to amend the main motion by addition a condition stating that the petitioners must secure a Certificate of Occupancy for a two-family dwelling unit. Roll Call Vote on Motion to Amend. 6 Ayes. Commissioner VOTE - MOTION TO AMEND Wire Nay. MOTION carried. CARRIED Roll Call Vote on Main Motion. 7 Ayes. MOTION carried. VOTE - MAIN MOTION CARRIED Chairman Plufka called for a recess at 8:05 p.m. Chairman Plufka reconvened the meeting at 8:10 p.m. Chairman Plufka introduced the request by Union City UNION CITY MISSION Mission for a Conditional Use Permit amendment for (90107) property located at the southwest corner of East Medicine Lake Boulevard and 36th Avenue North. Coordinator Dillerud gave an overview of the November 15, 1990, staff report. Chairman Plufka introduced Pat Neils, member of the Board of Directors for the Union City Mission. Ms. Neils introduced other board members and staff of the Union City Mission (Pat Murphy, Lawrence Wilz, and Wayne Ward). Ms. Neils stated that she had no comments, but that she would be available for questions. Commissioner Marofsky asked if the change will adjust the total number of residents. Coordinator Dillerud responded affirmatively, stating that the change will increase the number of residents by 19. Commissioner Marofsky stated there seems to be space available, other than this facility, in the Union City Mission. Cis;+ JAIId 15 191 Planning Commission Minutes =-kk November 28, 1990 Page 209 Commissioner Marofsky asked what the exact use will be of the facility. Ms. Murphy, Executive Director for the Union City Mission, responded that they are proposing to extend the same program as now in the Mission Lodge, providing a longer program stay for the residents (up to one year). Commissioner Marofsky asked if Union City Mission will provide security to keep their residents on the premises. Ms. Murphy responded that they are staffed 24 hours a day, and that they have a 10:30 p.m. curfew. Chairman Plufka opened the public hearing. Chairman Plufka noted the Planning Commission's receipt of a letter from `Norbert and Carol Herby and a letter from Robert and Pat Katzmarek, both in opposition to the application. Chairman Plufka introduced Norbert Herby of 3430 East Medicine Lake Boulevard. Mr. Herby expressed concern over the safety of the neighborhood due to the drinking and loitering from residents of the Union City Mission. Mr. Herby asked that the following questions be addressed: 1) What percent of the Union City Mission residents are residents of Plymouth? 2) Are all of Union City Mission's facilities staffed? 3) How many police and emergency calls has the City of Plymouth responded to in this area? Chairman Plufka introduced Pat Katzmarek of 3520 East Medicine Lake Boulevard. Ms. Katzmarek stated that she resides directly across from the Hazelden facility. She stated the proposed plan will have a negative impact on the neighborhood and that there is currently a lot of unrestricted activity which upsets the neighborhood. She stated that there were already several residential treatment facilities in this neighborhood, and she heard that the existing detoxification facility at Hazeldon is proposed to double in size. She asked for a moratorium on all residential treatment facilities of any type in this neighborhood. Ms. Murphy addressed the questions and concerns of Mr. Herby and Ms. Katzmarek. Ms. Murphy stated that all of their facilities have separate staff, but the Smith Lodge and Mission Lodge would be served by the same staff group. Ms. Murphy stated that these two facilities are not defined as treatment program facilities. She stated the residents are allowed to select the programs they wish to V '91 Planning Commission Minutes November 28, 1990 Page 210 engage in. Ms. Murphy stated that drinking is not allowed on the premises, and that most of the people found wandering are from the nursing home, and not from the Mission Lodge. Ms. Murphy added that there are no plans to expand the Union City Mission Detoxification Center. The Hazelden facility is not part of the Union City Mission. Commissioner Pierce asked if transportation is provided to the residents of Union City Mission. Ms. Murphy responded affirmatively, stating that transportation is provided twice a day to downtown Minneapolis. Chairman Plufka asked how long Union City Mission has been at this site. Ms. Murphy responded that it has been in existence since the 1920s, with approximately 2,000 residents at its largest, but it has since then reduced to approximately 250 residents. Commissioner Wire stated he is concerned about what he has heard from the residents of the neighborhood regarding the drinking and loitering problems. Ms. Murphy stated that they were not notified of any drinking or loitering problems by residents of the Union City Mission, and suggested the neighborhood notify the Union City Mission immediately of any future concerns they have. Chairman Plufka introduced Walter Schulz of 3530 East Medicine Lake Boulevard. Mr. Schulz stated he resides across from the property and expressed his concern for safety in that area of the neighborhood due to the drinking and loitering problems. Chairman Plufka introduced Gary Fedo of 10910 34th Avenue North. Mr. Fedo stated that he has resided in this neighborhood for 12 years and the drinking by the residents of Union City Mission within the neighborhood has decreased over the years. He did express a concern, though, that people are walking dangerously in the middle of the streets. Chairman Plufka closed the public hearing. Commissioner Wire asked if the proposed 19 beds would replace the woodworking shop. C!r\i I ! Ig91 Planning Commission Minutes November 28, 1990 Page 211 Ms. Murphy responded negatively, stating that the woodworking shop is in the basement of the facility. Commissioner Wire asked how Union City Mission plans to handle the current drinking and loitering problems. Ms. Murphy stated that generally the problem lies with the elderly residents in the nursing home. She suggested that Union City Mission will make sure the residents use the bus stop on their premises instead of the one on 36th Avenue North. Commissioner Zylla asked if the Union City Mission maintains a 24 hour a day telephone service. Ms. Murphy responded affirmatively. Commissioner Zylla asked if residents are provided transportation when they are discharged. Ms. Murphy responded affirmatively. Commissioner Marofsky stated that he resides in this neighborhood and feels that the residents of Union City Mission have every right to walk freely. Commissioner Marofsky stated that Union City Mission has not shown a need to expand their total residential population. He noted that the Master Plan for the Union City Mission shows other facilities scheduled for expansion in beds in the future, and he questioned why that capacity would not be used for this need. He added that a mixed use situation such as this is bound to create some problems. Commissioner Wire stated that there has been a gradual increase in population at Union City Mission, and that Union City Mission should first assess the problems they currently have and fix them before expanding. Chairman Plufka stated that he does not feel this is a new use and added that it exists legally and within the Ordinance standards. Chairman Plufka also stated that the City does not have control over how Union City Mission conducts their programming which is licensed by other agencies. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE Tierney, to recommend approval of the request by Union City Mission for a Conditional Use Permit for property located at the southwest corner of East Medicine Lake Boulevard and 36th Avenue North, subject to the conditions set forth by staff in the approving resolution. Commissioner Pierce asked what the site amenities are and if there are any marked paths for the residents to walk 1 3'91 on. C'r Planning Commission Minutes November 28, 1990 Page 212 Ms. Murphy responded that there are paths and plenty of walking space. Commissioner Stulberg stated that he is not in favor of the proposed Conditional Use Permit because he feels there should be a limit to the number of beds in the Master Plan. Commissioner Stulberg noted, though, that he feels the transitional housing program is good. Commissioner Wire stated that he is not in favor of the proposed Conditional Use Permit because he feels Union City Mission has not effectively worked with or cooperated with the neighborhood in order to correct the current drinking and loitering problems. Commissioner Stulberg noted that there are no police reports submitted at this public hearing to verify the fact that there are problems. Director Tremere stated that one of the conditions for approval of the Conditional Use Permit is to have it reviewed annually. He stated that if there are problems the City of Plymouth has the right to review the Conditional Use Permit, and either renew it or not. He advised that the focus should be on the proposed use as an amendment to the Conditional Use Permit, and that problems with other aspects of the facility can be addressed once the facts and concerns have been identified. Commissioner Zylla stated he feels it is good to have the Conditional Use Permit reviewed annually. Roll Call Vote. 4 Ayes. Commissioners Wire, Marofsky, VOTE - MOTION CARRIED and Stulberg Nay. MOTION carried. Chairman Plufka introduced the Zoning Ordinance amendment ZONING ORDINANCE regarding minimum side yards in R -1A Districts, citing the AMENDMENT (S.F. 1) staff memorandum. Chairman Plufka opened the public hearing. Commissioner Marofsky stated he does not agree with the 10 -foot minimum side yard as proposed for the R -1A District. Commissioner Pierce stated he was in favor of the 10 -foot minimum side yard for non -living areas in the R -1A District. Chairman Plufka closed the public hearing. MOTION by Chairman Plufka, seconded by Commissioner Zylla, MOTION TO DENY to not recommend approval of the Zoning Ordinance amendment regarding minimum side yard in R -1A District. c�M JR�113,91 Planning,Commission Minutes Novemher 28, 1990 Page 213 Director Tremere stated that the Board of Zoning Adjustments and Appeals are being faced with more appeals from residents desiring to add garages to older homes. The amendment was drafted at Council direction. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the Zoning Ordinance amendment ZONING ORDINANCE regarding Planned Unit Development monument signs and AMENDMENT (5.F. 2) perimeter landscape improvements, citing the staff memorandum. Chairman Plufka opened the public hearing. There was no one to speak on the issue. Chairman Plufka closed the public hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky, to recommend approval of the Zoning Ordinance amendment regarding Planned Unit Development monument signs and perimeter landscape improvements. Commissioner Wire asked what the reasoning is, by this amendment, for requiring developers to put in all the perimeter landscaping in Phase I. Director Tremere responded that under the current Zoning Ordinance, developers are not required to put in all the perimeter landscaping and monument signs by a certain time, and some have waited until the last phase of a project. A related problem with this is that developers are selling the PUD lots before the landscaping is complete, and downstream performance is a problem with the original developer almost "out" of the project. Commissioner Wire stated that he agrees with this Zoning Ordinance amendment in principle, but believes there are other options. Roll Call Vote. 6 Ayes. Commissioner Wire Nay. MOTION VOTE - MOTION CARRIED carried. Chairman Plufka introduced the Zoning Ordinance amendment ZONING ORDINANCE regarding minimum parking for multiple family dwellings, AMENDMENT (5.F. 3) citing the staff memorandum. Chairman Plufka opened the public hearing. Commissioner Marofsky stated he is concerned that the proposed 1 space per 300 square feet covering potential guests is only related to recreational facilities, and some apartment complexes do not have such facilities. Commissioner Marofsky suggested itemizing and specifying how the parking spaces per unit are to be used for guest C14 J�'^1 1 purposes. Chairman Plufka closed the public hearing. Planning Commission Minutes Noverate ' 28, 1990 Page 214 MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to recommend approval of the Zoning Ordinance amendment regarding minimum parking for multiple family dwellings, subject to the following change: The minimum parking shall be 2 parking spaces per unit, with 1k spaces (one of which shall be a garage space) for the base unit, k exterior space for guest parking, plus 1 additional space per 300 square feet of floor area for party room or recreational parking, with the provision that the driveways into garages and garage aprons shall not be counted as guest parking areas. Roll Call Vote. 7 Ayes. MOTION carried. Chairman Plufka introduced the Zoning Ordinance amendment regarding temporary sign provisions in all districts, citing the staff report. Chairman Plufka opened the public hearing. Director Tremere stated the Council directed that staff and the Commission consider revising the sign regulations relative to temporary real estate signs. Enforcement efforts led to the observation that these signs may not be contrary to current community standards. Chairman Plufka stated that he does not want to selectively enforce only what the residents of Plymouth may desire. Commissioner Marofsky stated that the City may want to provide continuity in the size of signs. Commissioner Wire stated he feels the size and location of smaller signs need to be enforced. MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to recommend approval of the Zoning Ordinance amendment for Section 10, Subdivision A, paragraph 2d, 1 (1), subject to the following change: In the first sentence, strike the word "and/" before the words "one temporary." MOTION TO APPROVE VOTE - MOTION CARRIED ZONING ORDINANCE AMENDMENT (5.F. 4) MOTION TO APPROVE Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Wire, to recommend approval of the Zoning Ordinance amendment for Section 10, Subdivision A, paragraph 2d, 1 (2), as reflected in the staff report subject to the following changes: In the first sentence, retain the word "one" before the word "temporary" and strike the words "real estate" before +p� the word "signs." CIM Planning Commission Minutes November 28, 1990 Page 215 Following the last sentence, add another sentence stating that "No other temporary signs shall be permitted." Commissioner Marofsky stated that by this action, there is a clear statement that only one temporary sign can be permitted at a time. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Stulberg, to recommend approval of the Zoning Ordinance amendment for Section 10, Subdivision A, paragraphs 3c, 4c, 5d, and 6d (1) and (2), as reflected in the staff report subject to the following change: In the first sentence of paragraph (1), strike the word "construction" before the word "sign." In the first sentence of paragraph (2), strike the words "real estate" before the word "sign." Following the last sentence of paragraph (2), add another sentence stating that "No other temporary signs shall be permitted." Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Chairman Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg, to recommend approval of the remaining Zoning Ordinance amendments reflected in the staff report regarding temporary sign provisions in all districts. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Marofsky, to recommend adoption of the real estate sign ordinance provisions of the City of St. Louis Park. Commissioner Marofsky suggested the Commission review the real estate sign ordinance of St. Louis Park before voting. MOTION by Commissioner Marofsky, seconded by Chairman MOTION TO TABLE Plufka, to table the motion recommending approval of adopting the real estate sign ordinance of St. Louis Park until the Commission has had time to review the ordinance. Vote. All Ayes. MOTION to table carried. VOTE - MOTION TO TABLE CARRIED MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO DEFER Wire, to defer the public hearing concerning the Zoning Ordinance amendment regarding Planned Unit Development Attributes until the December 19, 1990, Planning Commission meeting. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED Planning Commission Minutes November 28 1990 Page 216 Chairman Plufka introduced the Zoning Ordinance amendment regarding standards for outside display, storage and sale of merchandise citing the staff report and the report of the Task Force. Chairman Plufka opened the public hearing. Commissioner Marofsky stated that if the area for outside display were considered retail space, additional parking would be required, but with a Conditional Use Permit additional parking would not be required. Chairman Plufka noted the Planning Commission's receipt of a letter from Jerry Theis of Dundee Nursery. Chairman Plufka recognized Jerry Theis of Dundee Nursery. Mr. Theis stated that he does not want aspects of his nursery operation to be closed or illegal because of an inadvertent Zoning Ordinance change. He stated he believes his nursery is an asset to the community. Chairman Plufka stated that he does not feel it is fair that a retail store may obtain an administrative permit to store bedding plants outside and a nursery must apply for a Conditional Use Permit. Commissioner Marofsky noted that an administrative permit is valid for only for 60 days and after 60 days a Conditional Use Permit is required. Director Tremere explained he had discussed Mr. Theis' concerns with him and that the nursery was not in the business districts covered by the Ordinance. There possibly is a need for specific requirements for nurseries and greenhouses in the urban business districts. Chairman Plufka continued the public hearing. MOTION by Commissioner Marofsky, seconded by Commissioner Wire, to defer the Zoning Ordinance amendment regarding standards for outside display, storage and sale of merchandise to the December 5, 1990,. Planning Commission meeting in order to notify individuals on the Ad Hoc Task Force of this proposed amendment. Vote. All Ayes. MOTION carried. Chairman Plufka adjourned the meeting at 10:25 p.m. ZONING ORDINANCE AMENDMENT (5.F. 6) MOTION TO DEFER VOTE - MOTION CARRIED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES DECEMBER 5, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners John Wire, Hal Pierce, Dennis Zylla, Joy Tierney, Larry Marofsky, and Michael Stulberg (arrived at 7:40 p.m.). MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, Director Blair Tremere, City Engineer Dan Faulkner, and Sr. Clerk/Typist Denise Lanthier. *MT NIITFS Chairman Richard Plufka Commission is tabling Development, Inc. per the dated December 4, 1990. announced that the Planning the request by Greenwalt petitioner's written request Chairman Plufka introduced the continued public hearing for the Zoning Ordinance amendment regarding standards for outside display, storage and sale of merchandise. Chairman Plufka reopened the public hearing from the November 28, 1990, Planning Commission meeting. Commissioner Marofsky noted a typographical error in the Zoning Ordinance Draft Amendment No. 6. He noted that the word "there" should be changed to "where" on Page 2, Paragraph 3.a., Line 3 of the staff memorandum. Commissioner Marofsky stated that he does not feel comfortable adding Paragraphs (1) e. and f. under Section 10, Subdivision C, Paragraph 6.c. He stated he believes these paragraphs should be set apart for clear reference to transient merchant/sales. Chairman Plufka noted the Planning Commission's receipt of a letter from Jerry Theis of Dundee Nursery & Landscaping Co. dated November 21, 1990. Chairman Plufka introduced Jerry Theis of Dundee Nursery & Landscaping Co. ZONING AMENDMENT -%e ORDINANCE �t17 V n'` Planning Commission Minutes December 5, 1990 Page 218 Mr. Theis stated he is concerned that adoption of the Zoning Ordinance amendment will envelop his company causing him to apply for Conditional Use Permits or Administrative Permits even though they are a permitted use. Chairman Plufka closed the public hearing. MOTION by Chairman Plufka, seconded by Commissioner Marofsky, to recommend approval of the Zoning Ordinance amendment regarding standards for outside display, storage and sale of merchandise. Commissioner Marofsky stated that transient merchants/produce merchants should not be allowed outside storage in B-1 Business Districts. MOTION by Commissioner Marofsky, seconded by Commissioner Pierce, to amend Zoning Ordinance Draft Amendment No. 6 to insert the words "B-2 and B-3" before the word "BUSINESS" in third line of Paragraph 3.c. Commissioner Pierce asked if, by this amendment, the outside storage standards will change for greenhouses and nurseries. Director Tremere responded affirmatively to the extent that these standards impact greehouses and nurseries. There are no specific standards for greenhouses and nurseries. Roll Call Vote on Motion to Amend. 6 Ayes. MOTION carried. MOTION TO APPROVE MOTION TO AMEND VOTE - MOTION TO AMEND CARRIED Roll Call Vote on Main Motion. 6 Ayes. MOTION carried. VOTE - MAIN MOTION CARRIED MOTION by Chairman Plufka, seconded by Commissioner MOTION TO ADVISE CITY Pierce, to request staff to research the outside storage COUNCIL and display of merchandise for greenhouses and nurseries in preparation for a Planning Commission study of the subject. Director Tremere was requested by the Planning Commission to contact the nursery and greenhouse owners of Plymouth to participate in the study. Commissioner Wire stated the City should look at administratively exempting Dundee Nursery & Landscaping Co. from this Zoning Ordinance amendment instead of webbing the ordinance around them. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED CIM JANI 1 � '91 Planning,Commission Minutes December 5, 1990 Page 219 Chairman Plufka introduced the continued public hearing for the request by Dwight Larson for a Conditional Use Permit, Site Plan, and variances for property located at 11318 Highway 55. Chairman Plufka introduced Del Erickson, the architect representing the petitioner. Mr. Erickson asked the Planning Commission to grant the petitioner the proposed sign variance in order to give his business equal visibility. He stated a hardship exists because the car wash is set back so far from the street and is screened by the Dairy Queen adjacent to his property. Mr. Erickson stated that the proposed sign will be equal in setback to the Dairy Queen sign, which will bring the car wash signage into conformity with the surrounding businesses. Chairman Plufka asked staff if billboard signs are limited to sites where there is no other principal use by the Zoning Ordinance. Coordinator Dillerud responded negatively, stating that spacing is the method of control provided for by the Zoning Ordinance. Commissioner Stulberg arrived at 7:40 p.m. Mr. Erickson stated that the petitioner does not object to staff's recommendation for parking setbacks, but that he objects to some of the requirements stated in the Engineer's Memorandum. Mr. Erickson noted these objections as follows: 1. A 30 -foot easement currently exists over the front of the property, therefore, an additional 10 -foot easement should not be required. 2. Since there are no proposed changes in access to the site, a permit should not be required for MN DOT. 3. The new concrete drive that connects with the service drive should be allowed to stay open for secondary access. The petitioner feels this will reduce congestion. City Engineer Faulkner responded that the existing 30 -foot easement is required for roadway and that an additional 10 -foot easement is required for utilities. He stated that the petitioner should discuss the permit requirement from MN DOT with them. City Engineer Faulkner stated that he very opposed to the secondary access to the west. He commented that the intersection is confusing as it is. DWIGHT LARSON (90099) Planning Commission Minutes December 5, 1990 Page 220 Commissioner Pierce stated that he would like to see the curb line extended all along the west driveway to delineate it from the grass. Chairman Plufka reopened the public hearing. There was no one present to speak on the issue. Chairman Plufka closed the public hearing. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Pierce, to recommend approval of the request by Dwight Larson for a Conditional Use Permit, Site Plan, and variances for property located at 11318 Highway 55, subject to the conditions set forth by staff in the approving resolution. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND Tierney, to amend the main motion by moving Paragraph 7.a. of the approving resolution to Paragraph 6.c. to permit the variance for setback a minimum of 18.5 feet versus the Zoning Ordinance standard of 20 feet from parking to the front lot (road easement) line. Commissioner Wire stated that his reason for his motion is because he feels the site is unique. Commissioner Pierce asked if the petitioner's would lose a parking stall without this action. Coordinator Dillerud responded they would lose one. Roll Call Vote on Motion to Amend. 5 Ayes. Commissioner VOTE - MOTION TO AMEND Zylla Nay. Commissioner Marofsky abstained. MOTION CARRIED carried. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND Tierney, to amend the main motion by moving Paragraph 7.b. of the approving resolution to Paragraph 6.c. to permit the variance for setback a minimum of 15 feet versus the Zoning Ordinance standard of 20 feet for a freestanding sign, and then deleting the remaining Paragraph 7. Commissioner Wire stated he does not feel the proposed sign will set a precedent. Roll Call Vote on Motion to Amend. 5 Ayes. Commissioner VOTE - MOTION TO AMEND Pierce Nay. Commissioner Marofsky abstained. MOTION CARRIED carried. Roll Call Vote on Main Motion. 6 Ayes. Commissioner VOTE - MAIN MOTION Marofsky abstained. MOTION carried. CARRIED c;< Jnr, 1 F '91 Planning Commission Minutes December 5, 1990 Page 221 Chairman Plufka introduced the request by Greenwalt GREENWALT DEVELOPMENT, Development, Inc. for continued consideration of Site INC. Plan, Final Plat, Proof of Parking Plan, variance for off-street parking, and Conditional Use Permit for "The Wholesale Club" in "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO TABLE Marofsky, to table the request by Greenwalt Development, Inc. until the second Planning Commission meeting in January. MOTION by Chairman Plufka, seconded by Commissioner MOTION TO CANCEL Pierce, to cancel the Planning Commission meeting of PLANNING COMMISSION December 19, 1990. MEETING Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka adjourned the meeting at 8:07 p.m. m jg 1- `91 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 14, 1991 TO: Don Kissinger, City Forester FROM: Helen LaFave, Communications Coordinator SUBJECT: CALL ON 24-HOUR CUSTOMER SERVICE LINE il Mrs. Bunsness, 17020 Co. Rd. 6, 476-2789, called the 24-hour Customer Service Line on January 14, 1991. She would like some information on a tree that is marked near her house. She wants to know if it is going to be cut down. Please contact Mrs. Bunsness by January 16 and advise me of your response to her so that I may make note of it the Customer Service Line log. HL:kec S.F. 1/16/91 ��. 4,-) iA z. a� 5 nQi✓� 4--o '5ffa4' &,5nts5 n b 11 L L � i 5 u�►� lest - Fl5 +fee cIIm J'" 1 F' '91 M_ %l CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 18, 1991 TO: James G. Will' City Manager FROM: Charles E i lerud, Community Development Coordinator, through Blair Trem ''Community Development Director SUBJECT: HENNEPIN COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION (89057) The City of Plymouth received 10 sets of plans on October 29, 1990, in response to our letters of August 24, 1990, and August 31, 1990. The Development Review Committee reviewed the revised plans on Wednesday, November 7, 1990, but did not yet have the benefit of comments from the City's engineering consultant. On November 13, 1990 the Development Review Committee again considered the revised plans --with the engineering comments available. On November 14, 1990 Hennepin County requested amendment to their Site Plan to add a classroom facility. A DRC Stage II letter has been sent to Hennepin County reviewing deficiencies remaining and also requesting plan revisions reflecting the classroom addition. There has been partial response to that letter of November 20, 1990, which was reviewed by the DRC December 14, 1990, and a letter was'sent to the County on December 20, 1990 with comments on these partial responses. No additional County responses to our November 20, 1990 letter have been received. Attachments: 1. December 20, 1990 DRC Letter (cc/cd/89O57:dl) C!M ,iiud 1p'91 '"X.- IA 1991 CITY COUNCIL APPOINTMENTS COUNCIL COORDINATING REPRESENTATIVES 1. Independent School District No. 279 Carole Helliwell Annual 2. Independent School District No. 281 Bob Zitur Annual 3. Independent School Districts 270 and 284 Lloyd Ricker Annual 4. Park and Recreation Advisory Commission Lloyd Ricker Annual 5. Planning Commission Maria Vasiliou Annual 6. Board of Zoning Adjustments and Appeals Kim M. Bergman Annual AGENCIES AND BOARDS 1. Special Assessment Committee Carole Helliwell James G. Willis Annual Bob Zitur Fred Moore 2. West Hennepin Human Services Plannina B (2 yr. terms) Anita Vogel 1/93 Joy Tierney 1/92 3. Northwest Hennepin Human Services Council (2 yr. terms) Vacant - Executive Committee 12/31/91 Linda Dieleman - Advisory Committee 12/31/92 Vacant - Advisory Committee 12/31/91 4. Sewer Service Area #1 Advisory Board Fred Moore Ongoing 5. Northwest Suburbs Cable Communication Comm. Kim M. Bergman (Council representative) Ongoing James G. Willis (Staff representative) 6. Northwest Suburbs Community Access Corp. (2 yr. terms) James G. Willis 2/93 Helen LaFave 2/92 e SAN 1x'91 7. Minneapolis Police Recruitment System Dick Carlquist (Director) Ongoing Dennis Paulson (Alternate) 8. Suburban Rate Authority (1 yr. terms) Fred Moore (Director) 12/31/91 Kim M. Bergman (Alternate) 12/31/91 9. Bassett Creek Water Manaaement Commission (3 yr. terms) Fred Moore (Director) 1/31/93 John Sweeney (Alternate) 10. Elm Creek Watershed Management Commission (1 yr. terms) Fred Moore (Director) 1/31/92 Vern Peterson (Alternate) 11. Shingle Creek Watershed Manaaement Commission (3 yr. terms) Fred Moore (Director) 1/31/93 John Sweeney (Alternate) 12. School District 284 Community Education Advisory Council (2 yr. terms) Lynes Getten 7/1/91 Mary Patterson Bisek 7/1/92 13. School District 281 Joint Powers Agreement Eric Blank Ongoing 14. School District 284 Joint Powers Agreement Lloyd Ricker Eric Blank 15. Lake Region Mutual Aid Association Lyle Robinson 16. North Suburban Mutual Aid Association Lyle Robinson 17. Fire Training Center Joint Powers Agreement Lyle Robinson 18. League of Minnesota Cities Study Committees Public Safety and Personnel - Frank Boyles Land Use, Energy, Environment and Transportation - Blair Tremere Revenue Sources - James G. Willis 19. Municipal Legislative Commission (1 yr. terms) Carole Helliwell James G. Willis Ongoing Ongoing Ongoing Ongoing Ongoing 12/31/91 12/31/91 20. Association_Qf Metrovolitan Municivaliti Study Committees Ongoing General Legislation - Frank Boyles Transportation - Frank Boyles Housing - Blair Tremere Municipal Revenue - James G. Willis Solid Waste (with LMC) - Dick Pouliot 21. Association of Metropolitan Municipalities Legislative Contact Kim M. Bergman Ongoing Bob Zitur 22. Citizens Advisory Committee, French Reg Park Bob Zitur Ongoing 23. Wayzat a/Plymouth Area Chemical Health Commission Maria Vasiliou Ongoing 24. Staff/Council Recycling Committee Bob Zitur Dick Pouliot Ongoing Helen LaFave Fred Moore Maria Vasiliou Frank Boyles 25. West Suburban Mediation Center Board Vacant Ongoing 26. Environmental Cities Coalition Carole Helliwell 1/92 27. Plymouth Civic League Kim M. Bergman 1/92 Cine mi 1,(q- '91 SENATE INDEPENDENT—REPUBLICAN RESEARCH �+ 155 State Office Building St. Paul, Minnesota 55155 � �.J_ 7t Daniel P. Wolf Research Director �' L January 11, 1991 _ .,tL.� , Hennepin County Office of Planning and Development \: ATTN: Mr. Jim Graham - Suite 310 822 S. 3rd St. Minneapolis, MN 55415 Dear Mr. Graham: Last week we had a telephone conversation regarding the City of Plymouth's administration of the low-income home improvement grant program. A recipient of one of the City of Plymouth's grants, Mr. Kurt Homan, contacted State Senator Jim Ramstad in November of 1990 regarding his grant. As you are aware, Jim Ramstad is now represent- ing the Third Congressional District in the US House of Representa- tives. On behalf of former State Senator Ramstad, I have been working with Mr. Homan and officials at the City of Plymouth for the last sev- eral months. The parties are having a great deal of difficulty coming to an agreement as to the type of kitchen cabinets Mr. Homan is al- lowed to install under the grant program specifications. I am, greatly concerned with the manner the City of Plymouth has administered Mr. Homan's grant. Specifically, I am concerned with their ever-changing recommendations of acceptable kitchen cabinet styles and their lack of timely processing of other aspects of Mr. Homan's grant. The following is an attempt to review the significant events of the grant administration over the past two years concerning the kitchen cabinets. This reconstruction is based upon information pro- vided to me by Mr. Homan, correspondence between the parties, and my own personal involvement. October 1988 - January 1989 After submitting kitchen cabinet bids in late 1988, Mr. Homan was informed by grant administrator Milt Dale, that the only acceptable clm M cabinet style under the grant program was the Merillat Homestead Oak series. Because the design of this brand did not conform to Mr. Homan's existing home, he submitted bids in January of 1989 for cabinets with lower pricing than the Merillat Homestead Oak series. However, Milt Dale refused to approved these lower priced cabinets as he felt their quality exceed that of the higher priced Merillat se- ries. At this point in time, Mr. Homan's family began experiencing se- rious financial and other difficulties due to his son's diagnoses of leukemia. The remodeling project was put on hold. October 1990 Mr. Homan resubmitted the bids for yet another type of cabinet, still with lower pricing than the Merillat Homestead Oak series. At this time, Milt Dale informed Mr. Homan that the Merillat Homestead Oak series was now unacceptable. In correspondence to Mr. Homan dated November 8, 1990 (copy attached), Milt Dale informed Mr. Homan that the only brand of Merillat cabinets acceptable were the Horizon, Rutland, pr Cirrus series. November 1990 When Mr. Homan viewed these three series of cabinets he discov- ered that the Rutland series was not available for retail sales, only commercial apartment building projects. Furthermore, the other two series of cabinets mentioned in the November 8, 1990 correspondence used a plastic laminate on the outer surface, which is contrary to specifications which require at least a wood veneer. At the end of November Mr. Homan submitted a new set of bids for a Premier Oak series of cabinets, again with lower pricing than the most recently recommended Merillat cabinets noted in the November 8, 1990 correspondence. He also provided the information as to why the most recently recommended series of Merillat cabinets did not meet program specifications. Bids for the remaining items needed to complete the remodeling project (flooring, kitchen countertops, kitchen stover) were also sub- mitted (11/28/90 correspondence attached). December 1990 After receiving Mr. Homan's 11/28/90 correspondence, the City of Plymouth informed both Mr. Homan and myself that the Merillat, Encore series of kitchen cabinets was now the only acceptable type of cabinet. This particular series of cabinets will also require a change in construction plans as certain types of cabinets are not available in this sereies. Additionally, even though both Milt Dale and his supervisor Chuck Dillerud have told me that the bids submitted for the other items are acceptable, they have not given Mr. Homan the authority to purchase these items. The bid prices submitted by Mr. Homan for the cabinets expire on January 15, 1991. The bid prices for the other items may also not be available. Also, approved items submitted by Mr. Homan for reimburse- ment at the begining of December have not been paid as of this date. ,A._- Av a The program specifications mentioned in the City of Plymouth's 11/8/90 correspondence are: "Kitchen cabinets shall be of economy grade, Merillat or equal." Specifications were also provided to Mr. Homan by your office state, with the caveat that their current applicability was uncertain. In addition to the above, they state: "Shelves, backings, dividers, tops and bottoms shall be particle board or plywood. Shelves, bottoms and top shall be 3/4" solid stock and backs shall be 1/4" Douglas.Fir A.D. plywood. Exposed cabinet door and drawer surface shall be hardwood veneer. Prefinished cabinet or cabinets finished on the site shall match existing woodwork in room as close a possible or shall be owner's choice." I would appreciate if you could provide the following information to Mr. Homan. 1. What are the currently applicable specifications (in detail) for this program with regard to kitchen cabinets? 2. Why has the City of Plymouth changed its position three times regarding the type of acceptable cabinets (from Merillat Homestead Oak, to Merillat Rutland/Horizon/Cirrus, to Premier Encore)? 3. If the specifications do not accurately match what is avail- able on the market, what criteria are used to decide what is acceptable? 4. If a higher quality cabinet is available at a lower price than the required style, will that be allowed? If not, why? 5. Why has there been a delay in the approval of bids submitted by Mr. Homan for the kitchen countertops, flooring and stove? 6. What brands and series of cabinets have other jurisdictions approved under this particular grant program? After receiving answers to the above questions I would suggest that a meeting be held between yourself, Milt Dale, Mr. Homan and my- self to come to final resolution of these issues. I appreciate your assistance in this matter and look forward to hearing from you. C!v M! 'Q1 S'ncerely, Barbara J. Conr d Researcher C�c4z cc: Mr. Kurt Homan Congressman Jim Ramstad Hennepin County Board of Commissioners ,Mayor Kim Bergman, City of Plymouth Plymouth City Council cIrA im, 13 '91 -177 U HENNEPIN [j Ll January 16 1991 OFFICE OF PLANNING & DEVELOPMENT Development Planning Unit 822 South Third Street, Suite 310 Minneapolis, MN 55415 (612) 348-6418 Chuck Dillerud City of Plymouth 3400 Plymouth Boulevard Plymouth Mt`55447 Dear Chuck: Re: Kurt Homan; Letter from Congressman Ramstad As we discussed earlier today, I shall be meeting with Milt Dale and yourself on Wednesday January 23 to discuss the issues raised in the above letter (copy enclosed). As our meeting is scheduled for 2:00 pm I intend to arrive at City Hall an hour earlier so that I can review Mr. Homan's file before our meeting. If this is not convenient please call me at 348-5619. Sincerely L Jim Graham Senior Planner Enc. cc Commissioner Jude Commissioner Keefe Commissioner Makowske Mayor Bergman, City of Plymouth Plymouth City Council HENNEPIN COUNTY an equal opportunity employer Cih� JRA IF) 191 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 17, 1991 TO: Blair Tremer m unity Development Director FROM: Chuck Di 1 , Community Development Coordinator SUBJECT: KURT H MAN REHABILITATION GRANT - LETTER OF BARB CONRAD TO HENNEPIN COUNTY DATED JANUARY 11, 1991 I have reviewed the content of the captioned letter and I hereby offer you background and comments concerning the matters raised by Ms. Conrad. BACKGROUND On August 9, 1988 we received an application from Kurt Homan for a Housing Rehabilitation Grant responsive to the Community Development Block Grant Program administered by the City of Plymouth through the Plymouth Housing and Redevelopment Authority. Milt Dale, Associate Planner, inspected the Homan residence on August 19, 1988 to determine potential eligible rehabilitation project elements to be undertaken. Based on that inspection Mr. Dale prepared a "Scope of Improvements" in December, 1988 where a list of 13 potential improvements was prioritized regarding Mr. Homan's house. Since the August 19, 1988 inspection revealed that there was no functioning kitchen in the home a first order of priority was completion of the kitchen. The balance of the priority items to be undertaken included sheetrocking, upstairs bathroom fixtures, heat duct work, plumbing, upstairs flooring and completion of other remodeling activities that had been started by Mr. Homan previously. On August 19, 1988 Mr. Homan signed bo Rehabilitation Grant of up to $8,250 an certified his ability to do his own lak accordance with the Grant Program Rehabilitation Grant Program to acquire the labor of installing the materials. started by Mr. Homan was included. '.h a Repayment Agreement for a Housing I a "Work Program Agreement" whereby he or and agreed to perform that labor in guidelines. The City through the the materials, and for Mr. Homan to do About 30 percent of the work already Ms. Conrad focuses on the issue of kitchen cabinets in her letter. My review of the circumstances surrounding the kitchen cabinet issue with Mr. Dale and upon review of the file reveals the following: CIM JAN 15'91 Kurt Homan Rehabilitation Grant Page Two 1. In February and March, 1989, Mr. Homan submitted several supplier estimates for the acquisition of the substantial number of kitchen cabinets required to complete his plan for his house. Three different types of cabinets were quoted, including the Merillat "Homestead Oak". 2. Mr. Dale neither approved or rejected these proposals. He did not research the cabinet proposals made by Mr. Homan at this time since it was too early in the construction project to address the kitchen cabinet issue. He noted at that time however that the cabinets proposed in these quotes exceeded the County grade standards for the Home Improvement Grant Program. He provided Mr. Homan a copy of those standards with the suggestion that Mr. Homan find cabinets meeting the specifications provided. 3. Mr. Dale advises me that Mr. Homan was unhappy upon receipt of the County standards for kitchen cabinets. No more specific attention was directed to the issue of cabinets during 1989. Mr. Homan acquired approximately $1,500 worth of materials for other elements of his Home Improvement Grant Project and was reimbursed by the City. Beginning in June, 1989 progress with respect to the completion of authorized work slowed, as confirmed Ms. Conrad's letter. 4. Activity picked up in August, 1990 at which time, with the assistance of Assistant Building Official Don Munson, Mr. Dale inspected the work completed to -date and advised Mr. Homan of a need to promptly complete certain items, obtain certain code -required inspections that had not been completed; and generally move the project along. 5. Discussion of the kitchen cabinet preference issue again took place beginning in August, 1990 resulting in Mr. Homan submitting a new series of price quotations for cabinets made by at least two different manufacturers. 6. In a letter dated November 8, 1990 Mr. Dale responded to this latest series of price quotations by stating those quotations were not for cabinetry that would be considered to be "economy" grade as defined by the Hennepin County standards. He informed Mr. Homan which of the Merillat cabinet series were considered "economy" and also that Mr. Homan could select those, or another "economy grade" cabinet from some other kitchen cabinet manufacturer. Mr. Dale advised Mr. Homan that the Merillat "Encore" series of kitchen cabinets might qualify as an economy grade in addition to those that had been suggested in Mr. Dale's November 8, 1990 letter. 7. I requested Mr. Dale to suspend actions with regard to Mr. Homan's Home Improvement Grant until such time as this issue of the kitchen cabinet selection and the matter of obtaining required inspections are is resolved and an inspection was complete to determine progress on work by which materials had been previously. The bids submitted by Mr. Homan for other work of the home improvement project on cim JA^l 18,91 2- ti1odo, Kurt Homan Rehabilitation Grant Page Three November 28, 1990 have been approved by Mr. Dale preliminarily but no approval letter has been transmitted pending resolution of this kitchen cabinet issue. With respect to the specific questions asked by Ms. Conrad in her letter to the County, I offer the following: 1. I have attached a copy of the Hennepin County Guidelines and Specifications with respect to "Cabinet, Closets, and Countertops." The specifications for countertops are referenced in Item 6F. These are the current applicable specifications, and have been unchanged since the initiation of the Homan project in 1988. 2. I find no evidence of the City having changed its position regarding the type of acceptable cabinets. The "Homestead Oak" was never approved; the Rutland/Horizon/Cirrus Merillat grade have been found to be acceptable pending- their availability and subject to the requirement that cabinet door and drawer surfaces must be hardwood veneer; and, the Merillat "Encore" appears to be an acceptable grade as well. Mr. Dale conferred with Jim Graham of the Hennepin County Office of Planning and Development concerning his position regarding kitchen cabinet selection. Mr. Graham confirmed the conclusions reached by Mr. Dale were appropriate and consistent with the CDBG Rehabilitation Grant Guidelines. 3. At least with respect to the Merillat "Encore," and likely several other equal grades of various brands of kitchen cabinets, the specifications do accurately match what is available on the market. Particularly with reference to the Merillat "Homestead Oak," the County specification providing for the hardwood veneer cabinet and drawer surface was exceeded with the solid hardwood specification. The Program Administrator (Mr. Dale) must still exercise prudent judgment as to what constitutes "economy" and what constitutes the "equivalent" of Merillat. 4. A finding of whether a higher quality cabinet has been found at a truly lower price than the required grade is still open to serious question. Unless the same dealer provides quotes on the two grades (which themselves are clearly different) at the same time, with all other factors equal, no true finding can be made that the circumstance of "better buy" exists. Quotes provided by Mr. Homan to -date have been from several different distributors involving several different grades by several different manufacturers which could create just about whatever impression best suits the case Mr. Homan wants to make regarding relative price. There is no grade -for -grade comparison from a single distributor provided. 5. At the time Mr. Homan submitted the bids for the countertops, flooring and stove, I requested Mr. Dale to accompany Don Munson in an inspection of Mr. Homan's project to determine what work remained to be completed. I was concerned that additional materials and appliances would be made acquired when materials had been previously purchased were not yet ©, installed. It is not prudent practice to have substantial amounts ofM JRA i o 9i Kurt Homan Rehabilitation Grant Page Four materials and appliances "stockpiled" especially under this Federal Grant Program. Mr. Homan refused to allow Mr. Munson to accompany Mr. Dale on an inspection of the premises for reasons not known to us. This delayed the inspection that I had insisted upon until the Building Official could schedule another inspection. 6. We have been advised that the City of Minneapolis Housing and Redevelopment Authority and the Greater Minneapolis Metropolitan Housing Corporation are currently using the Merillat "Encore" cabinet as the standard for numerous Rehabilitation Grant projects administered undertaken by those agencies. CONCLUSIONS I. The design of the Homan kitchen calls for approximately 360 inches of kitchen cabinetry. By comparison, the new house the HRA is developing with Federal CDBG money, which has a comparable valuation, will have 250 inches of cabinets, which is about 30 percent less. 2. We are told by our Glacier Meadows house builder that he will be expending about $700 on kitchen cabinets - about 25 percent of what we believe "economy" grade cabinets will cost for the Homan kitchen and about 20 percent of the October, 1990 quotes submitted by Mr. Homan for the cabinets he desires. 3. The goal of the program is to ensure certain basic housing standards are attained through rehabilitation work. Grant funds are made available to eligible homeowners for materials, appliances, and fixtures including kitchen cabinets that meet the basic standards which may not meet the homeowner's particular desires for higher quality. From my review of the circumstances leading to the present status of the Kurt Homan Home Improvement Grant project, particularly the kitchen cabinet issue, I find that Milt Dale has handled the question of kitchen cabinet quality in a prudent manner in keeping with the public purpose of thisrg ant program. (pl/bt/cd.1-17:jw) I tea" EXTRACT FROM THE HENNIPEN COUNTY REHABILITATION GRANT GUIDELINES 6E. FINISH ung MAV a Finish lumber shall be of a species suitable for its interned use, kiln dried, free frcxn tool marks arra all other defacing defects. Interior trim shall be clean-cut sharp and single lengths of wood whenever practical. Splicing or piecing of finish work will be done with mitered joints aver solid backing. Woodwork shall be prescribed neatly to the walls and be secured firmly in place. Design and dimension shall match existing or adjoining work or as specified in the Scope of Improvements. �• :i� �� w •.titer. i� •� �i ��•� � Mwxe designated in the Scope of Improvements, new cabinets will be furnished and installed. The new cabinets will mate the existing cabinets in general construction, style and appearance when adjoining. Kitchen cabinets shall be of economy grade, Merillat or equal. Shelves, backings, dividers, tops arra bottoms shall be particle board or plywood. Shelves, bottoms and top shall be 3/4" solid stock and backs shall be 1/4" Douglas Fir A.D. plywood. Exposed cabinet door and drawer surface shall be hardwood veneer. Counter tops shall be 3/4" thick particle board. cover all exposed surfaces and edges with self edge or self forming laminated plastic, at least 1/16" thick, Formica or equal. Backsplash shall match countertop material and be a min;mtm, of 4" high or fabricated to match existing when higher and different. Caulk backsplash to wall using neutral color sealer. Cabinets shall be secured to wall by screws. Vkl,-n designated, kitchen base cabinet shall include a sink base with 2 hinged doors and flooring. •Countertcp shall be cut from a template for sink opening. Prefinished cabinet or cabinets finished on the site shall match existing woodwork in room as close as possible or shall be of owner's choice. Frame in clothes or linen closets by installing 21- 0" X 4" studs 16" o.c. with inside dimensions of 2' - 0" by specified length. Closet shall be finished inside arra out to conform with room and be ccuplete with flush doors, shelve(s) and rod. Rod shall be installed in all clothes closets. Contractor shall be responsible for submitting a drawing for clarifica- tion purposes showing the location, dimensions and design of the pro- posed cabinet work. 14 November 8, 1990 CATV OF PLYMOUTR Mr. Kurt Homan 17220 9th Avenue North Plymouth, MN 55447 Dear Kurt: As you are aware, the home improvement grant work at your residence has taken considerably longer than originally anticipated. To speed the process along, Don Munson, Assistant Building Official, was recently assigned to help me find ways to complete the work in a more timely fashion. Since that time, we have seen progress. It is essential that progress continue. Last week Don, you and I discussed the matter of selecting a kitchen cabinet supplier to provide cabinets, a gas range and sink. During our subsequent meetings with you, the subject of the quality of kitchen cabinets has become an issue. As a subrecipient of Hennepin County, the City is required to abide by guidelines approved by the County and the Department of Housing and Urban Development (HUD), the source of the funds. In the Home Improvement Guidelines on Page 14, the basic general specifications reads as follows: "Kitchen cabinets shall be of economy grade, Merillat or equal." This implies that upgraded cabinets or cabinets with solid wood doors are not to be approved as per my discussion with Hennepin County staff. The guidelines do not suggest that the only economy grade cabinet available is a Merillat cabinet, as you have implied. Recently you did indicate that you would be agreeable to use a Merillat cabinet in the "Homestead Oak" series. In my research of the various Merillat cabinet styles, this series is not an economy grade cabinet. The economy grade Merillat cabinets are in the "Horizon", "Rutland" or "Cirrus" series. According to my research, the cabinets in this series are 25 to 30 percent less in cost than the "Homestead Oak" series. Therefore, it will be necessary for you to either select that series or an economy grade cabinet from some other kitchen cabinet manufacturer. It will also be necessary to get other bids on a gas oven and range at a more reasonable cost. Good quality gas ranges can be purchased at $350. Your one estimate from ABC shows an estimated cost of $978. This is excessive. Please see that you provide us with written bids for at least two economy grade cabinets and gas range by noon Monday, November 26; otherwise we will require that the work be completed using a general contractor. Again, at least two bids would be required. CI�; �I w,18'1 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mr. Kurt Homan November 8, 1990 Page 2 Should you have any question about this letter, you may contact me at Plymouth City Hall at 550-5056. Sincerely, 1��A Gr& Milt Dale Housing Specialist/HRA cc: Don Munson, Assistant Building Official Chuck Dillerud, Community Development Coordinator Jim Graham, Hennepin County Grant Administrator (hra/md/homan:jw) DEC 7 1990 CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPT. Mr. C. Dillerud, =-%V 0... Kurt Homan 17220 9th Ave. N. Plymouth, Minnesota 55447 December, 7 1990 In the past mouths there has arisin a large qu&stion as to proper specification of kitchen cabinetry for our home, under the grant progam. I was told by Mr Dale one year ago that the only cabinet style by merrilat, that we could use, was Homestad Oak. All aids were.submited in October using this style of cabinet and Mr Dale changed his mind. I was then told by Mr. Dale that the only cabinets we could use were,Cirus, Rutland, Horrison, Nouvou door style in Merrilat. Under speifications set forth by Hennipen county,these 4 cabinet door styles DO NOT qualify. Quoating "Exposed cabinet door and drawer surface shall be hardwood veneer." Since plastic is not hardwoc these door styles do not qualify.Guideline quoate "Prefinished cabinet or cabinets finished on sight shall match existing wood- work in room as close as possible or SHALL BE OF OWNERS CHOICE." Mr. Dale has shown total disreguard for our choice of permanent fixtures in our home. The door style of Homestad Oak by Merriliat or Salem by Premier are not our choice of door or woodwork style, however it is the minimum that we will settle for. We do this in order to conserve money under this program. My greatest question to this matter goes back to October of this year. Why at that time was Mr. Dale willing to issue a purchase order for Merrilat cabinets bid at $3496.00, but not for Premier cabinets bid at $3290.00 ? One week later Mr. Dale once again changed his mind and stated he would issue no purchase order at all. Mr. Dale seems to have a great concern over his performance review as he has stated several times . If Mr. Dale is doing his job properly, Does not the performance review take care of itself ? Our goal is to performe as much renovation to our home as possible under the program , keeping in style with our home. Hopfully this problem can be resolved so that we can complete this goal. Respectf lly , c.c.;Barb Conrad "t "I 1 '91 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 �Dr Telephone (612) 296-6300 MINNESOTA 1990 January 11, 1991 Thank you for your actions to protect Minnesota's environment. The Minnesota Pollution Control Agency (MPCA) staff has reviewed the "Excavation Report" dated November 30, 1990, and has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On February 9, 1990, after a 6,000 -gallon gasoline tank failed a tightness test, a petroleum tank release was reported to the MPCA. You have taken the following corrective action in response to the release: 1. You retained Dahl & Associates to investigate the release. 2. During the investigation, soils were removed to inspect piping for leaks and scanned for the presence of organic vapors. Eight cubic yards of soil showing elevated levels (ranging from 40 parts per million (ppm) to 140 ppm) of organic vapors were excavated and stockpiled on site. The tanks were not removed from the site. 3. Ground water was not encountered during the investigation. 4. A chemical analysis done on a soil sample of the excavated soils found 2,500 ppm total hydrocarbons as gasoline. The eight cubic yards of soil were treated at C.S. McCrossan after receiving approval from the MPCA on May 30, 1990. 5. No organic vapors were detected after the soil had been removed and a soil sample collected did not detect any contaminants. 6. Continued investigation determined that the UST was positioned with a 6 -inch tilt, thus giving the impression that a slow leak was present. The UST passed a tightness test after the air space within the UST was determined. The release appears to have been from a loose fitting that past maintenance had corrected. Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester UNI 3VII Equal Opportunity Employer • Printed on Recycled Paper Mr. Steve Gerring Mr. Gas �E«b 11021 Olson Memorial Highway U Plymouth, Minnesota 55441 Dear Mr. Gerring: - • :ice -- RE: Petroleum Tank Release Site Closure Site: Mr. Gas, Plymouth Site ID#:-LEAK00002287 Thank you for your actions to protect Minnesota's environment. The Minnesota Pollution Control Agency (MPCA) staff has reviewed the "Excavation Report" dated November 30, 1990, and has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On February 9, 1990, after a 6,000 -gallon gasoline tank failed a tightness test, a petroleum tank release was reported to the MPCA. You have taken the following corrective action in response to the release: 1. You retained Dahl & Associates to investigate the release. 2. During the investigation, soils were removed to inspect piping for leaks and scanned for the presence of organic vapors. Eight cubic yards of soil showing elevated levels (ranging from 40 parts per million (ppm) to 140 ppm) of organic vapors were excavated and stockpiled on site. The tanks were not removed from the site. 3. Ground water was not encountered during the investigation. 4. A chemical analysis done on a soil sample of the excavated soils found 2,500 ppm total hydrocarbons as gasoline. The eight cubic yards of soil were treated at C.S. McCrossan after receiving approval from the MPCA on May 30, 1990. 5. No organic vapors were detected after the soil had been removed and a soil sample collected did not detect any contaminants. 6. Continued investigation determined that the UST was positioned with a 6 -inch tilt, thus giving the impression that a slow leak was present. The UST passed a tightness test after the air space within the UST was determined. The release appears to have been from a loose fitting that past maintenance had corrected. Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester UNI 3VII Equal Opportunity Employer • Printed on Recycled Paper =•%%.b Mr.. Steve Gerring Page 2 January ll, 1991 Based on the currently available information, we believe these actions have adequately addressed the petroleum tank release. Therefore, MPGA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Petroleum Tank Release Compensation Board (Petro Board). More specific eligibility rules are available from the Petro Board (612/297-4017). Thank you for your cooperation with the tank release. If you have any questions call me at 643-3462. Sincerely, t-4 Barbara Jablonski Pollution Control Specialist, Senior Tanks and Spills Section Hazardous Waste Division BJ:smm MPCA in responding to this petroleum regarding this correspondence, please cc: urie Rauenhorst, Plymouth City Clerk Lyle Robinson, Plymouth Fire Chief Greg Lie, Hennepin County Solid Waste Officer Margery Chandler, Dahl and Associates to Pollution Control A Minnesota Agency 9 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 �Dl Telephone (612) 296-6300 MINNESOTA 1990 January 17, 1991 Ms. Donna Passero Lear - Sigler Diversified Holding Company 220 South Orange Avenue Livingston, New Jersey 07039 Dear Ms. Passero: RE: Petroleum Tank Release Site Closure Site: Nortech or Mammoth Industries Site ID#: LEAK00001780 Thank you for your actions to protect Minnesota's environment. The Minnesota Pollution Control Agency (MPCA) staff has reviewed the Tank Excavation Report and the Subsurface Investigation Report both received April 30, 1990, and has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore, the file regarding this release will be closed. On September 28, 1989, a petroleum tank release was reported to the MPCA. Mammoth Industries has taken the following corrective action in response to the release: 1. Mammoth Industries retained Legette, Brashears & Graham, Inc. to observe the removal of two 1,000 gallon underground storage tanks (USTs) containing fuel oil and gasoline on September 27, 1989. Both of the UST's were "abandoned" in the early 19701s. 2. Tank #2 was found to be intact upon excavation. Organic vapors were not detected within the excavation with a photoionization detector. Furthermore, petroleum contaminants were not detected during chemical analysis of a soil sample collected from the bottom of the excavation or from a soil boring through the base of the excavation. 3. Tank #1. was found to have been significantly corroded with numerous holes. Organic vapors were detected in soils as high as 74.5 parts per million (ppm) within the tank basin. A soil sample that was collected from the bottom of the excavation was analyzed and determined that the soil contained up to 81 ppm total hydrocarbons as gasoline (THC -gas) and 130 ppm total hydrocarbons as fuel oil (THC -fuel oil). 4. One hundred cubic yards of soil showing elevated levels of organic vapors were excavated and stockpiled on site. The 100 cubic yards of soil was treated at the Midwest Asphalt plant after receiving approval from the MPCA. 5. Four additional soil borings were conducted in tank #2 basin. Organic vapors ranged from nondetect to 28 ppm. Eleven soil samples were analyzed, THC -gas ranged from nondetect to 36 ppm and THC -fuel oil ranged from nondetect to 170 ppm. Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester cim jg, SC) Equal Opportunity Employer • Printed on Recycled Paper .A...- W 1a Ms. Donna Passero Page 2 January 17, 1991 6. Three borings were used to gather ground water samples at the site. One sample contained 0.008 ppm THC -gas. No other contamination was detected. 7. Leggette, Brashears & Graham submitted a report recommending no further action at the site. The staff at the MPCA has reviewed the file for this site and agree with the conclusion presented by the staff at Leggette, Brashears and Graham, Inc. Based on the currently available information, we believe these actions have adequately addressed the petroleum tank release. Therefore, MPCA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Petroleum Tank Release Compensation Board (Petro Board). More specific eligibility rules are available from the Petro Board (612/297-4017). Thank you for your cooperation with the tank release. If you have any questions call me at 612/643-3462. Sinceerely, Barbara Jablonski Pollution Control Specialist Senior Tanks and Spills Section Hazardous Waste Division BJ:baj MPCA in responding to this petroleum regarding this correspondence, please cc: Laurie Rauenhorst, Plymouth City Clerk Lyle Robinson, Plymouth Fire Chief Greg Lie, Hennepin County Solid Waste Officer Gary Andres, Leggette, Brashears & Graham Cic;I JAN, 18 '91 January 10, 1991 Doug Johnson Birchview Elementary 425 Ranchview Lane Plymouth, MN 55447 Dear Mr. Johnson: CIN OF PLYMOUTFF The City of Plymouth has no objection to the Birchview fifth graders holding an ice fishing contest on Parkers Lake, Sunday, February 3, 1991. In your letter, you state your group will remove all debris from the ice following your contest. A member of our park maintenance crew will check the lake on Monday, February 4, which is standard practice following an event of this type. Good luck with the contest, and if I can be of further assistance to you, please call me at 550-5131. Sincerely, Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager Superintendent of Parks Risk Management Coordinator 9 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 January 2, 1991 City of Plymouth 3400 Plymouth, Blvd.'" Plymouth, MN. 55447-1482 Attn: Mayor, City Manager, City Engineer Gentlemen: This past summer, our street (7th & 8th and Ranchview) was paved. We bought our home in 1974 (we are the original owners) and at the time of purchase, money was set aside in an escrow account by Hussman Investment Co. for the future paving of the street. Money was set aside for our house (740) and for three other houses on the block which were also built by Hussman. The other houses are 730, 800 and 820 Ranchview. At the same time the money was set aside for our street, money was also set aside for the cul-de-sac on 7th and Quantico Lane. We know the money existed because part of it was used years ago when the Quantico Lane cul-de-sac was completed. Now we have found out that this escrow money has "mysteriously" disappeared. No one at city hall seems to know anything about it. No one seems to even know that it ever existed. Now we are being assessed an enormous amount of money for our street and we should have this escrow money to help us pay for it. Where is this money? Perhaps if you look back into your records and see when Quantco Lane was completed, then maybe you can find a record of part of the money being used for that project. Then maybe you can find what is left of that money (plus interest) and use it for the four houses on Ranchview. I certainly hate to think that this money was mis-used by someone. Someone at city hall must know where this money is. Maybe an audit shoud be done and the results. shown to the residents of the four homes involved. Please try to find this money for us. All four families are hoping that this money is found as we all could use it to help pay for our street. Thank you. Mik4 & Cheryl Cart�r 740 Ranchview Lane Plymouth, MN. 55447 CINI JA% 15 '91 January 17, 1991 Mike & Cheryl Carter 740 Ranchview Lane Plymouth, MN 55447 ciN of PLYMOUTFF RE: ESCROW FUND FROM HUSSMAN INVESTMENT COMPANY Dear Mr. & Mrs. Carter: I have been asked to research the status of the escrow deposit made by Hussman Investment Company in 1973. On October 19, 1973, the City received an escrow deposit for $7,762.50 as a guarantee for the future improvement of Ranchview Lane and Quantico Lane cul-de-sac. On August 18, 1975, improvement project number 411 for Ranchview Manor Street and Quantico Lane cul-de-sac was assessed in the amount of $4,466.88 <Exhibit I>. These costs were deducted from the $7,762.50 deposit, leaving a remaining balance of $3,295.62. On September 22, 1975, the City Council directed that the balance of the deposit be refunded to the Developer <Exhibit II>. Attached are copies of the various resolutions describing the chain of events showing the reduction of the deposit of $4,466.88 for project number 411 and a copy of the City's 1975 check register <Exhibit III> showing the refund check of $3,295.82 to Hussman Investment Company. I have also attached a letter from Hussman Investment Company <Exhibit IV> indicating the four homes sold on Ranchview Lane were sold "as is". Based upon this documentation, I believe the City has accounted for all transactions regarding this money, and that the remaining balance was refunded to Hussman Investment Company leaving no funds on deposit with the City of Plymouth. Please contact me at 550-5101 if you wish to discuss this further. Sincerely, 06t."4JI-1) Dale E. Hahn Finance Director DEH:lk Enclosures cc: Mayor & City Council / James G. Willis, City Manageril Fred Moore, Public Works Director G 1 '91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 EXHIBIT I 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 August , 1975 . The following members were present: 4a or Hilde Councilmen Hunt, Neils, Seibold and Spaeth The following members were absent: none Councilman Hunt- introduced the following Resolution and moved its adoption: RESOLUTION N0. 75-442 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT PROJECT 411 - RANCHVIEW MANOR STREETS WHEREAS, a contract has been let for the improvement of Quantico Lane cul-de-sac in the Ranchview Manor Addition by the construction of a 7. ton bituminous street with concrete curb and gutter and necessary appurtenances and the contract price for such improvement amount to $ 3,227.02 and that the expenses incurred or to be incurred in the making of said improvement amount to $1,239.66 so that the total cost of the improvement will be $4,466.88 and of this cost the City will pay $ 0.00 as its share of the cos"r, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $4,466.88. 2. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. The motion for the adoption of the foregoing Resolution was duly seconded by Qppnci ma Seib ld and upon vote being taken thereon, the following voted in or thereof: Mayor Hilde, Councilmen Hunt, Neils, Seibold and Spaeth ', y The following voted against or abstained: none • �'#�°c �'` 1 Whereupon the Resolution was declared duly passed and adopted. EXHIBIT II CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 22nd day of September , 1975 . The following members were present: Mavor Hi l de Council men Hunt Seibold and SRaeth The following members were absent: Councilman Neils Councilman Seibold introduced the following Resolution and moved its adoption: RESOLUTION NO. 75-531 ADOPTING ASSESSMENT PROJECT NO. 411 RANCHVIEW MANOR STREETS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for'the improvement of the Quantico Lane cul-de-sac in the Ranchview Manor Addition by the construction of a 7 ton bituminous street with concrete curb and gutter and necessary appurtenances, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOT 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the escrow depo by the Developer be used to cover the cost of this assessment and the balance of the deposit shall be refunded to the developer. The motion for the adoption of the foregoing Resolution was duly seconded by Councilman S aeth , and upon vote being taken thereon, the following voted in favor thereof: Mayor Hilde Councilmen Hent, Seihold and Spaeth The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. `' T U T A L S TOTAL CHECKS 2, 072, 025.97 ENCUMBRANCES LIQUICATED 118.00 CHECKS TO VENDORS LDGRS .00 EXHIBIT III ENTER ALPHA DATE NOII 13 75 ENTER mouTH YEAR 11 75 ENTER MONTH DAY YEAR 11 13 75 BUDGETARY ENTER CHECK NO 256 ALEXANDER CONSTRUCTION 256 11,273.23 AQUATROL CORPORATION 257 61.65 BECKMAN YODER & ASSOCIATES BONESTR60, ROSENE, ANDERLIK & ASSOC 258 259 2,500.00 93.00 BONESTR00, ROSENE, ANDERLIK & ASSOC. 260 23,334.76 BONESTR00 ROSENE ANDERLIK & ASSOC 261 6g847.49 LEFEVERE, LEFLER, HAMILTON & PEARSON 262 968.75 LEFEVERE, LEFLER, HAMILTON & PEARSON 263 318.75 BONESTR00, ROSENE, ANDERLIK & ASSOC 264 29,377.61 HUSSMAN INVESTMENT C PANY 265 3 29 82 .C.M.A. RETIREMENT CORP. 266 141.20 RODNEY KELLER 267 18.00 MAY PRINTING COMPANY 268 269 60.20 2o228.94 DON E. MAYER INC C.S. MCCROSSAN INC 270 101,502.58 MINNEAPOLIS INDUST RT RAILWAY 271 190.00 CITY OF PLYMOUTH 272 115,995.75 CITY OF PLYMOUTH 273 269,708.59 CITY OF PLYMOUTH 274 350,893.75 CITY OF PLYMOUTH 275 950811.00 CITY OF PLYMOUTH 276 130,888.91 CITY OF PLYMOUTH 277 130,888.91 CITY OF PLYMOUTH 278 122,555.63 CITY OF PLYMOUTH 279 122,555.63 CITY OF PLYMOUTH 280 158,013.06 CITY OF PLYMOUTH 281 90v934.85 CITY OF PLYMOUTH 282 19,161.75 CITY OF PLYMOUTH 283 4,275.66 CITY OF PLYMOUTH 284 9,278.66 CITY OF PLYMOUTH 285 60,725.16 CITY OF PLYMOUTH 286 160, 775.16 CITY OF PLYMOUTH 287 25,328.16 CITY OF PLYMOUTH 288 1,825.35 CITY OF PLYMOUTH 289 1,217.53 CITY OF PLYMOUTH 290 4,466.68 LEE RICHERT PLUMBIt,'G & HEATING 291 12,725.00 SAFE-T—FLARE OF MINNESOTA 292 719.80 STATE TREASURER 293 79.00 TITLE INSURANCE COMPANY 294 10.00 TWIN CITY TESTING 295 668.00 C.R. WINDEN & ASSOCIATES 296 312.00 T U T A L S TOTAL CHECKS 2, 072, 025.97 ENCUMBRANCES LIQUICATED 118.00 CHECKS TO VENDORS LDGRS .00 HUSSMAN INVESTMENT CO.Q9zs?,-v 13712 WAYZATA BOULEVARD MINNETONKA. MINNESOTA 66343 ITELEPHONE 646.1377REALTOR•Z5� 11 June 1975 City o: Plymouth 3025 Harbor Lane Plyr:outh, Minnesota 55441 Attentions Sherman L. Goldberg, P.E. Director of Public 'Works Regardings Ranchview t:anor Addition File A-365 Doar lir. Goldberg s Ve gave an escrow deposit of $7,762.50 to the City of Plymouth to cover coats of future street construction in this subdivision. A cul-de-sac has put in on Quantico Lane at a cost of $4032. Our request to blacktop Ranchview Lane was voted down by the people livin- there at the time. The City of Plymouth has released our subdivision Bond and accepted the subdivision "as is". We have constructed and sold four (4) houses on the 4 lots on Ranchview Lane "as is". We now feel a refund is due us in the amount of $3,430.50 for the unused escrow deposit. Respectfully, Eugene G. S chlee MS s sa c� ' Jul I g '91 M-%Loeamo Patricia Hoyt Neils 3890 Orleans Lane • Plymouth, Minnesota 55441 (612)545-2679 January 14, 1991 Ms. Pat Katzmarek 3520 E. Medicine Lake Blvd. Plymouth, Minnesota 55441 Dear Ms. Katzmarek: In response to your letter of January 4 to Pat Murphy, let me assure you that those of us at Union City Mission have not been idle since the City Council meeting of December 10. The following day I called a special meeting of the Board of Directors for January 9 to discuss the Council's action and directives. At that meeting the Board approved recommendations from Pat Murphy and the staff regarding the communication plan. The Board also requested further information on some items and offered additional suggestions of its own. Our staff has compiled a list of all those who signed the petitions and/or filled out a blue card at the Council meeting and those who wrote letters to the Council. We have also obtained from City Hall a list of elected officers of the homeowners associations in the vicinity of Union City Mission. These lists will serve as the basis for a series of neighborhood meetings which will commence following final approval by our Board at its January 30 meeting. Our Board is committed to a neighborhood outreach program as directed by the Council and to listening and responding to the concerns of our neighbors as expeditiously as possible. If you have questions at any time, don't hesitate to call me or Pat Murphy. Sincerely, Patricia Neils President, UCM Board of Directors CC: Mayor & City Council City Manager Director of Community Development Public Safety Director Pat Murphy UCM Board of Directors c►�r� 4�t� 1� � Z� • Jan. 4, 1991 Pat Murphy, Executive Director 1 -1 Union City Mission, Inc. 3401 E. Medicine Lk.. Blvd.: ry Plymouth, MN. 55441 Dear Pat, Since the Council Meeting of 12/10/90 RE: Conditional Use Permit for Transitional Lodging Facility, we have not been contacted by anyone from Union City Mission, Inc. In accordance with the terms of the ammendment to the above mentioned conditional use permit, we request a meeting with the representatives of Union City Mission. The representatives of this neighborhood are most anxious to begin the discussion of possible solutions to the problems this area has experienced as a result of Union City Mission. We also feel it is very important to meet with the various people involved with the Transitional Lodge Facility: The director, program director, and supervisory personnel, etc. This is an area of immediate concern to the residents. We would like to have the Transitional LodgeFacility be the first area of discussion. We, in turn, will relate back to the neighborhood those ideas which you feel are important toward a better understanding of Union City Mission. We sincerely hope these discussions with neighborhood representatives/Union City Mission will be beneficial to all. Those listed below are the neighborhood representatives: Norbert & Carol Herby 3430 E. Medicine Lk. Blvd. Plym. 55441 #546-3749 Dick & Pat Katzmarek 3520 E. Medicine Lk. Blvd. 55441 544-4368 Walter & Shirley Shulz 3530 E. Medicine Lk. Blvd. 55441 545-1391 Sheila Goldstein 11515 37th Ave. No. 55441 559-8773 Barb Bartos 10720 36th Place No. 55441 544-9431 Janet Sullivan 11355 36th Place No. 55441 559-0767 Please contact the representatives to set the time, etc. of the meeting. We await your reply. Sincerely. Pat Katzmarek. - - - Carol Herby Neighborhood Representatives cc: Bergman Ricker - Vasliou Zitur - :.-a Helliwell Carlquist Jewett 01 ,1A% 18'91 CIM JAN 11 '91 January 17, 1991 Ms. Pat Murphy Union City Mission 3409 E. Medicine Lake Blvd. Plymouth, MN 55441 Dear Ms. Murphy: 7�L� Vtotaw The City Council on December 10, 1990 approved your request for a Conditional Use Permit; one of the conditions is that the Union City Mission shall submit a plan to the Council within 6 months for its review and approval. The plan is to address operational problems identified during the hearing before the Planning Commission and City Council. I understand that the Union City Mission Board of Directors has discussed the Council action and that some neighborhood meetings are proposed to begin sometime after the January 30, 1991 board meeting. I request that you provide me an outline of the timing of your efforts so that I can coordinate with you relative to them so that the draft of your plan can be reviewed by City staff in anticipation of presentation to the City Council this spring. Thank you for your cooperation. I have enclosed a copy of the approved resolution and the minutes from the December 10, 1990 City Council meeting. Sincerely, ily `' Blair Tremere " Community Development Director Enclosures cc: James G. Willis, City Manager File 90107 (pl/bt/murphy:jw) clm JA!'►15,'31 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 19 January 17, 1991 WCCO Radio Good Neighbor Award Program Attn: Sue Frase 625 2nd Ave S Minneapolis, MN 55402 Dear Ms. Frase: CITY OF PLYMOUTR On Monday evening, January 28, the Plymouth City Council will present a plaque to Barbara Edwards, who has recently retired after serving 22 years and 10 months consecutively on the Plymouth Park and Recreation Advisory Commission. Barb was first appointed to the Park Commission in January 1968. She has helped guide the City from a park system of two neighborhood parks, consisting of less than 10 acres, to a system of 31 parks with over 800 acres. She has served in many capacities on the Commission, including a four year term as its Chairperson. Barbara's attendance during that 22 years has been better than 95%, and most years attending 100% of all meetings. Barbara has been a staunch supporter, leading the cause for the acquisition of many key parcels of park land throughout the community, and an advocate for a strong recreation program meeting the needs of many segments of our community. It is for these reasons, that we highly recommend WCCO Radio recognize Barb Edwards as a "Good Neighbor" on Monday, January 28. Thank you for your kind consideration. If I may be of further assistance, please do not hesitate to give me a call at 550-5131. Sincerely, i Eric J. Blank Director of Parks & Recreation EB/np cc: James G. Willis, City Manager PRAC Paul Steigerwald IGN 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800