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HomeMy WebLinkAboutCouncil Information Memorandum 01-04-1991;w7 CITY OF PUMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM January 4, 1991 RECYCLING CASH DRAWING NO WINNER Next Week: $400 UPCOMING MEETINGS AND EVENTS.... 1. COUNCIL STUDY SESSION -- Monday, January 7, 5:00 P.M., Council conference room. The Council will meet with Springsted, Inc. representatives to review fiscal impact study assumptions. Publicorp representatives and through them, development interests, have been invited to attend. 2. COUNCIL EXECUTIVE SESSION -- Monday, January 7, 6:30 P.M., Council conference room. The Council will meet in a closed executive session to discuss police officer mediation strategy. 3. COUNCIL MEETING -- Monday, January 7, 7:00 p.m. Regular City Council meeting in City Council chambers. 4. FINANCIAL TASK FORCE -- Thursday, January 10, 4:00 P.M. The Financial Task Force will meet in the City Council conference room. 5. PRA -- Thursday, January 10, 7:00 P.M. The Park and Recreation Advisory Commission will meet in the City Council chambers. Agenda attached. (M-5) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM January 4, 1991 Page 2 6. MEETING CALENDAR-- Meeting calendars for January and February are attached. FOR YOUR INFORMATION..... 1. CITY ATTORNEY RESPONSE TO COUNCILMEMBER VASILIOU MEMO -- Attached are responses from the City Attorney to Maria Vasiliou's January 2 memorandum inquiring on: 1) legality of collecting or soliciting political funds by private organizations/groups at the Plymouth City Center; 2) actual date the legal opinion was issued; and 3) Mr. John LeFevere, Jr.'s relationship with the community center lawsuit. (I-1) 2. CAPITAL IMPROVEMENTS PROGRAM -- A memorandum from Fred Moore on the status of 1991-95 Capital Improvements Program and 1991 Street Reconstruction Program is attached. The final 1991-95 CIP will not be presented to the Council until after the development impact study is received and acted on by the City Council. The 1991 Street Reconstruction Program is independent of development activity and will be presented to the Council in January, with public hearings proposed for February or March. (I-2) 3. SCHMIDT LAKE ROAD ALTERNATE ALIGNMENTS -- A status report from Fred Moore on the proposed alignments for future Schmidt Lake Road adjacent to the Silverthorne, Tyrell, and Fernbrook Woods Additions is attached. (I-3) 4. McGRAW v. CITY OF PLYMOUTH -- Attached is a copy of the District Court's Writ of Mandamus directing the commencement of eminent domain proceedings for the McGraw property. (I-4) 5. DEVELOPMENT SIGNAGE -- On Friday, January 4, development signs were installed at the following locations: 1) The northeast corner of Revere Lane and 6th Avenue North, Ryan Construction is requesting to amend the PUD to allow an increase in sign wall coverage from 5 percent to 10 percent. (90078) 2) 3445 County Road 101, located south of Medina Road and west of County Road 101, Builders Development, Inc. is requesting approval on a 30.9 acre track of land for: 1) the rezoning of the site from FRD to R-lA, b) approval of a 45 lot preliminary plat, and c) a variance from the length of a cul-de-sac. (90095) CITY COUNCIL INFORMATIONAL MEMORANDUM January 4, 1991 Page 3 3) West side of West Medicine Lake Road and north of County Road 9 -- Gonyea Land Company is requesting approval on a 49.4 acre track of land for: a) the rezoning of the site from FRD to R-2, and, b) approval of a 64 lot preliminary plat. (90105) These requests will be heard by the Planning Commission at their Wednesday, January 16 meeting. 6. PETS UNDER POLICE SECURITY -- On Friday, January 4, Dick Carlquist and I attended the Pets Under Police Security meeting at Crystal. The status of this project is as follows: 1. All communities aside from Plymouth and Maple Grove will have to execute an amendment to the Joint Powers Agreement, including Plymouth, and excluding the cities of Robbinsdale and Golden Valley, who have elected not to participate. 2. Maple Grove and Brooklyn Park are still somewhat concerned about the "new" formula. Maple Grove needs to reduce their contribution by $8,000, or receive new Council authorization. It is hoped that a bid award under the originally estimated cost will eliminate this concern. 3. Bids for the PUPS facility are due to be opened at 2 p.m., January 15, 1991 at Maple Grove City Hall. Twenty-four general contractors have taken out plans. The architect reports that there have been few questions and no major concerns. There have been some questions about substitution of products. All things considered, the architect expects to receive very competitive bids for the facility. 4. Approval of the bids is expected at the January 22 Maple Grove City Council meeting with the building permit issued within a week thereafter. August is the contemplated completion date. 5. The next PUPS meeting is scheduled for either January 18 at 2 p.m., or January 22 at 9 a.m. at Maple Grove City Hall. The agenda for the meeting includes: 1. Introduction of the PUPS board members. 2. Report on bids received and the recommended award. CITY COUNCIL INFORMATIONAL MEMORANDUM January 4, 1991 Page 4 3. A report on the interest and administrative fee which will be charged by Maple Grove to communities who desire to pay capital costs over a five year period. 7. UPDATE ON BOARD OF COMMISSION APPLICATIONS -- Notice of vacancies has appeared on channel 37 for a week. In addition, a notice was mailed to all Homeowner Associations and areas newspapers on January 3, 1991. A notice will also appear in the January Plymouth News. Todate, we have received seven requests for application forms. 8. AREA 3 TOWN MEETING NOTICES - Approximately 4,600 Town Meeting notices for the January 22 Area 3 meeting were mailed today. 9. CITY ATTORNEY MONTHLY BILLING -- The November client summary is attached. (I-9) 10. MINUTES• a. Elm Creek Watershed Management Commission, November 14, 1990. (I-10) 11. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-11) 12. BZ CORRESPONDENCE -- I have received the following correspondence concerning City employees: a. Letter of appreciation from Tom Indykiewicz, Metroquip, 2340 Fernbrook Lane, to Officer Dave Thompson. (I-12) 13. CORRESPONDENCE: a. Letter from Doug O'Brien, Wayzata Schools, to Eric Blank, concerning the playground facility for Kimberly Lane Elementary School. (I -13a) b. Letter from Frank Feels, to Mayor Bergman, stating his interest in continuing to serve on PRAC. (I -13b) c. Letter from Charles Hayes, 18540 24th Avenue No., to City Council, regarding the purchase and development of adjacent property by Lundgren Brothers. Staff is investigating Mr. Hayes' letter and a response will be forthcoming which will be shared with the Council. (I -13c) CITY COUNCIL INFORMATIONAL MEMORANDUM January 4, 1991 Page 5 d. Letter from John Schueler, former Plymouth property owner, concerning his final utility billing. The FinanceDeparatment is investigating. (I -13d) e. Note of appreciation from Bob Zitur for flowers sent during his recent illness. (I -13e) f. Letter from Mike and Cheryl Carter, 740 Ranchview Lane, to Mayor, City Manager and City Engineer, regarding escrow money set aside by Hussman Investment Company for future paving of their street. The Carter's letter, received today, is being researched by staff for a response (I -13f) Frank Boyles Assistant City Manager4 Regular Meeting of the Park and Recreation Advisory Commission January 10, 1991, 7:00 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. Approved non-resident fees for youth athletic associations b. Approved 1991 budgets 5. Unfinished Business a. Special facilities - continue discussion b. C. d. 6. New Business a. Review plan for lighting Parkers Lake skating rinks b. Review Pike Lake Regional Park plan c. 1991 fee schedule d. Annual report - review draft 7. Commission Presentation 8. Staff Communication (Fire & Ice, Feb. 2, "fire crew") 9. Adjournment Next regular PRAC meeting - February 14 s=EE" :a+t :l f f4i Q N Q1 f0 f") Vi N LL . M Ln N n m Qf H N N O) o m es o n N N GW to m WN F N LL z a m O N f z M O n N N 0 0 Q m Ln N 0) o 0 m 0 O F A N N O N 5 O tt1 O m W ; N LU w a a� Un W r N D z m o a O N M i z N m m O N N M 0 0 N Q U) N Cfl LO r- N Q sv Q CC LL. LO 00 U �- z a a' �o p 00 < C) E¢ o 0o EE-- C) EQ o E- o H H H H O 0 � A U U w I w w I w �z¢v-H '0 (4-i O a ¢ a a CY) W o zC) r-wwo a r'uo V' Nw� r z C4 Mw� } a . Q� 0 � oo (n •• U U tO zLU z LU CD=¢o M Ozdo N r- o N M a a ,, o N Q W U -4 A C'3 Z_ 3 Q Gam=+ E - z H O O W 1 LU ~ U LO N30�o 00 N E- CCN Q H W •�" o E. cti a P ¢ Ui E3 so U, o z M O Yw H O O .4 WU f A W W u. zz z H o� x x� =v �o �z o !a. Cu) >4a i O a W x E-+ U O M tM ri) u �' U 00 C C 7 oU� a� N Nam a Q z Z) U) Q N W tD M O N N M LL N N N O P W 2 N N r F- Qf O t0 O = 3 U N N N cn Qf � � N cc a2 n N f 2 M O n d f/1 r N f Q N a W Ln cn Qf cc O N Q7 S M O T Z D N N n 00 O N N 7 � W . O N N 0 Q cc D Q cn CD M N N O z � Q S 3 M O LL LO c11 r— 00 r— N 0 Q Z f-1 cn a _ y U O O � 00 I� N N 0 C W a 0 3 _ •• U U LLJ a zi z z In w w LLJ zI- 4 Z O zzH 7 0 CO 0 z FI Q z a O Q 2 N a LU a o D a H A N o C Cfl Ln a r- N A O z U^ W a A O m x O O O P5 o �t a o x F -IU C7 C7 r 3 W 0 M U M Nam W C7 Q Z M 0 r �lr�; AN � � 1 THE VWSiLlUU LKUUr ILL IVU .0 )a I I . L f 71 L.C. .-. January 2, 1991 Fax to: Jim Thomson @ 337-9310 From: Councilmember Vasiliou Jim, At the conclusion of the Plymouth City Council Meeting ort December 17, 1990 Councilmember Helliwell requested a legal opinion from you concerning Mayor Bergman accepting funds for political purposes. I did riot receive a copy of your' response. (I note that you did, however, include a response to Mayor Berman's question regarding changes in election year Would you please provide me with a copy of your response to Councilmember Helliwell? Thank you. In the manager's memo of December 28, 1990 there is a status report from John M. LeFevre, Jr on the community center law- suit. What is Mr. LeFevre's relationship in this suit? I don't recall ever meeting with him to disucss this suit. I will fax a copy of this memo over to Frank and ask him to include it in this weeks' manager memo and I would invite you to respond directly to Frank as well in order that all council - members may be made aware of your responses. Thanks, Jim. cc: Frank Boyles FILE: CITYATTNY * A A A A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * FAX T R� A N/S M I T T A L M c M 0 7 0: � %�. � ✓ � <4---G, NO OF DEPT: FAX It PAGES FROA4 PHONE: CO FAX N Pvst•11''brarrl far Nimsmitta' memo n7l �;Ih -j 9 J Pll l V- -Ii 1W -W' — JAMES J. THOMSON Attomty It Law Direct Dial (612) 337-9209 January 4, 1991 Mr. Frank Boyles 4 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 I Dear Frank: HOLMES & GRAVEN CtIART£RED 470 Pil6bury Center, Mfnnptp0lk, MlnnesMa 55402 Teiephone (612) 337.9300 Fmc*jrnf a (612) 3374310 in her memorandum dated January 2, 1991, Councilmember Vasiliou inquired as to the status of the legal opinion concerning accepting funds at the City Center. I had not prepared my opinion as of the date that I received the memorandum and therefore it had not been distributed to any members of the council or to any City staff members. My opinion is included in the informational packet for this week. John M. LeFevre, Jr. is a senior litigation attorney with our firm and he is handling the BWBR lawsuit. sincerely, tmtesi - Thomson JJT/amm {'i1�e g `a 1 ttii` J ^4. a_ ,3.CE• FM _ _.. HOLMES & GRAVEN C:HARTLUED ~ 470 Pllbbury Center, Mlnneap01i%, Ml00e60ta 55402 JAMES J. THOMSON Tckphw* (61.) 337-9300 Attorney at Uw Faeslmik (612)337-9310 Dircct Dial (612) 337-9209 January 4, 1991 The Honorable Kim M. Bergman and City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Legality of Collecting or Soliciting Political Funds at the Plymouth City Center Dear Mayor Bergman and Council Members: You requested an opinion regarding the legality of private organizations collecting or soliciting political funds at the City Center. It is my understanding that the question arose as a result of a group of Plymouth residents apparently soliciting contributions at the City Center outside the City Council chambers on December 17, 1990. Municipalities can allow private groups to use public buildings for private purposes that do not interfere with the public use or disturb the peace as long as the City itself is not engaged in any private business. John Wright & Associates v. city of Red Kin , 254 Minn. 1, 93 N.W.2d 660 (1959). Based on general legal principles, therefore, there is no prohibition against private groups using the City Center even though donations are solicited from the participants at the meeting. Consistent with the general legal principles that apply in this area, the City Council has approved guidelines allowing the use of the City Center by private individuals. These guidelines normally pertain to advance requests by groups to use the City Center. I am enclosing a copy of those guidelines for your reference. Paragraph II of the guidelines states that the City Center is available for the use for public and private meetings by organizations whose membership substantially includes Plymouth residents. Paragraph II further states that theCity ceremoniescenter s not to be used for commercial enterprise, p religious ceremonies, and profit making activity or any activity JAN 04 '91 15:54 HOLMES & GRAVEN The Honorable Rim and City Council January 4, 1991 Page 2 M. -Bergman Members P.3 not consistent with the general business purpose of the building." I do not know whether the contributions that were apparently solicited on December 17, 1990 were for a commercial enterprise or for a profit-making activity. Therefore, I cannot determine whether there was any violation of the City guidelines. Violations of the City guidelines, however, do not create any legal cause of action in favor of the City. The City's remedy in such a situation would be to prohibit any group that violates the guidelines from using the City Center in the future. This letter answers your question only as it relates to general legal principles applicable to the use of City property. I have not attempted to ascertain whether the alleged solicitation activity complies with state laws regarding political campaigns or political contributions because other agencies are specifi- cally charged with enforcing those laws. Issues regarding political campaign laws are more appropriatelyaddressed by the county attorney, and issues relating to political contributions or expenditures are handled by the Minnesota Ethical Practices Board. Accordingly, I express no opinion on the issue as it may relate to those laws. In summary, there is no general legal prohibition against private groups using City -owned property as long'as the City itself does not engage in any private business. Any use of City -owned property should, however, comply with the City's guidelines. sincerely, I me Thomson J'JT/amm Enclosure cc: James Willis CIM JAN JAN 04 '91 15:55 HOLMES & GRAVEN P 4 GUIDELINES REGULATING THE USE OF CITY CENTER FOR MEETING PURPOSES Resolution No. 89-273 (supercedes Res. No. � May 15, 1989 I. General The City Center Building was constructed to serve the general public by providing a facility conducive to the conduct of public business. Since these facilities possible, tguidelinesare general public public funds made official encouraged to use the City Center. The following gappropriate use of these City Policy designedo to promote orderly and app p public facilities. Private organizations desiring to use the City Center facilities must complete an application and submit it to the City Clerk. The application need be completed only once annually for organizations using the facilities periodically during the year. This application shall be submitted at least two weeks but not more than eight weeks prior to the date for which reservation is requested. The request will be reviewed in light of these guidelines and the availability of the facilities. The City Cleric will advise t agrequesting s organization of the status of their request as soon as possible. are not approved until the City Clerk has so advised the requesting organization. 11. Who May Use City Center Facilities City Center facilities will be available for public (and private) meeting purposes, civic purposes, to organizations whose membership substantially includes Plymouth residents or whose purpose is to provide services to City Center facilities shall not be used for Plymouth residents. religious ceremonies, any commercial enterprise, private ceremonies, profit making activity or any activity not consistent with the general business purpose of the building. 111. Availability City Center facilities shall be available weekdays from 5:00 p.m. to except those hours for which the facility has been scheduled for Saturday and Sunday from 8:00 a.m. to 5:00 p.m. Permission may be the City Manager for variation from this schedule. The City Council, official organizations whose meetings priority in the use of City facilities must understand it meeting in the event the City government purposes. 11:00 P.M. use, and granted by City boards and commissions Shor all other are sponsored by the City have Center facilities. Groups reserving thesE may be necessary for them to relocate their Center facilities are needed for municipal IV. Procedure for Applying - A. 1 inA. Use of the City Center facilities will be handled so far as possible of - a first-come, first -serve basis. 8. Application forms may be obtained from the City Clerk during norma office hours, or be mailed to the applicant. -14- CIM JAN JAN 04 '91 15:55 HOLMES & GRAVEN P.5 C. Application blanks shall be fully completed by requesting organizations and returned to the City Clerk at least two weeks but not more than eight weeks prior to the scheduled use. If an application is on file from a. previous request, a request may be accepted by telephone. Reservations J shall not be official until the City Clerk has signed the application and informed the applicant of its status. D. The applicant must contact the City Center receptionist by 2:00 p.m. on the day of the room �rstovarrange oentrance 0pnta the building. if the use is on a Saturday V. Rules and Regulations A. The City Center entry corridor, restrooms, Council Chambers, employee lunch roam and Council Conference Room, shall be available for use under this policy. B. Groups may provide their own coffee and light refreshments provided up aity they dispose of alresefu for pthisroperlpurpose areandan available a in Cthe Center usage. Facilities employee lunchroom. C. The use of intoxicating liquor and non -intoxicating malt liquor beverages is prohibited in the City Center facilities. D. Pursuant to the Minnesota Clean Indostir b les.ct' smoking is prohibited, except in the first and second level vei E. Any group or organization using City facilities for the purpose of convening a pubimeeting Minnesota Statuteconform with "open meeting law requirements pursuant to F. The City assumes not the fa ili for loss, damage, injury or illness incurred by the u G. The individual representing tsers organization using City Center facilities, i.e., person signing the application, shall be responsible for: 1. Proper disposal of all coffee, cups, paper, etc.; rearrangement of furniture. 2. Shutting off all lights and locking exterior entrance doors. 3. Reporting, repairing, withreplacinin 24 g, any of me ama damage or loss of City facilities or equipment H. Hours of use designated on the application form must be adhered to. 1. Organizations cancelling reservations erviow priority for futurfor use of e requests ilities more than. twice in one year shall b given 0. Failure to conform with these policies and rules may be cause for forfeiture of future use privileges. -14a- u _ CIS JAH 04 '91 15:56 HOLMES & GRAVEN P.6 APPI-ICATIOM FOR USE OF CITY CENTER Name of Organization: Mailing Address: Contact Person: Phone Room Desired: Council Chambers Council Conference Room Lunchroom_ (1st, 2nd, 3rd choice) Date($) of Use: Time of Use: from a.m./p.m. to a.m./p.m. Purpose of Meeting: Number of Participants: Will a fee be charged or donations solicited from participants: Yes No If so, how much? Will refreshments be served? Yes— No Does your organization have its own meeting facilities? Yes No If so, why are City facilities necessary? HOLD HARMLESS AGREEMENT I understand that my use of the City Center is voluntary and that I am using it for m} benefit only. I agree that my use of the City Center facility is undertaken at m) own risk and that the City incurred Plymouth bwill not members ofe for any claims, my organization due ithe damages of whatever nature Y meor negligence of members of my organization, or the negligence of third ri release behalf of myself and the organization that I represent, I expressly and discharge the City, its agents or employees, from any such claims, injuries, 01 damages. I also agree to defend, indemnify and hold harmless the City from ani claims, injuries, or damages of whatever nature arising out of or connected with mN use of the City Center. I also agree to reimburse the Ciy for City Center. amage, breakage maintenance, or cleanup costs arising out of my use of th User Representative Please return this form to: Laurie Rauenhorst, City Clerk City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 -14b- Date APPROVED BY: City Clerk Date Confirmation sent: by( ate CIM Al :)' I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 28, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore; Director of Public Works SUBJECT: 1991 - 1995 CAPITAL IMPROVEMENTS PROGRAM (CIP) At the November 5, 1990 Council meeting, the City Council reviewed the proposed 1991 - 1995 CIP. The Planning Commission had previously held a public hearing on the proposed program and had made their recommendations to the City Council. The City Council did not direct any additional changes to the program, and therefore, we were finalizing the financing for the projects and were going to report at the December 17 meeting. At the December 10 Council meeting, the City Council deferred action on a portion of the Northwest Trunk Sanitary Sewer which would provide service to a large area south of Highway 55 on either side of Highway 101. The Council further directed that a financial analysis be prepared on the development ramifications to the City. Depending on the outcome of this analysis and the City Council action, it could require modifications to the proposed CIP. For this reason, I will not be presenting the final CIP to the City Council until after the financial report is received. The proposed Street Reconstruction Program for 1991 is independent of any development activity within the City. The City Council has ordered the preparation of the Preliminary Engineering Report for this project. We expect to receive that report in January and will establish the public hearing on this project for February or the first Council meeting in March. I am not anticipating any delay in this program as a result of final action on the CIP. FGM:kh GIN, JAS! o`er MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: December 28, 1990 TO: James G. Willis, ICity Manager 1 FROM: Fred G. Moore, Director of Public Works SUBJECT: SCHMIDT LAKE ROAD ALTERNATE ALIGNMENTS CITY PROJECT NO. 907 Dan Faulkner submitted a report approximately a week ago summarizing the meeting between the City and the property owners on alternate alignments of Schmidt Lake Road northerly of the Silverthorne /Tyre ll/Fernbrook Woods Additions. As that report stated, the property owners were to meet and then contact me on preferred alignments. I received a telephone call today from Tish Callahan. She stated that some of the property owners had met last week, but they were waiting to receive additional comments from other property owners. They also submitted their information to Gary Laurent, the owner and developer of the Silverthorne Addition. They are requesting his comments on their alternate alignment. Tish Callahan stated that she would get back to me the latter part of next week on their recommended alignment. She would be requesting a meeting with me at that time. FGM:kh CRA JAN 3'91 DATE: TO: FROM: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 December 18, 1990 I -P e (City Project No. 907) ani L. Faulkner, City Engineer SUBJECT: SCHMIDT LAKE ROAD ALIGNMENT BETWEEN VICKSBURG LANE AND FERNBROOK LANE CITY PROJECT NO. 907 On Monday, December 17, 1990, the attached list of people met on-site to walk the two proposed alignments for future Schmidt Lake Road adjacent to the subdivisions Silverthorne, Tyrell, and Fernbrook Woods. This on-site meeting was held at the request of the adjacent property owners and coordinated with Councilmember Carole Helliwell. The two alignments which had previously been staked in the field by BRA surveyors include a southern alignment adjacent to the property lines of the three named subdivisions and the second alignment follows the section line in a straight through east/west direction. Dan Edgerton had prepared a drawing indicating the plan view of the two alignments on an aerial map showing the area of construction disturbance with each alternative. In addition, he had prepared a preliminary profile grade for both alignments. These drawings were reviewed with all those in attendance at the meeting. The southern alignment, which would necessarily remove a substantial number of trees, would not infringe into a corps wetland area. The straight through alignment would substantially infringe into the wetland area and also cause the removal of a substantial number of trees and the construction would entail severe cuts and fills. It was the consensus of the homeowners in the group that they desired to move the road as far to the north as possible. They presented an alternative to shift the road northerly adjacent to the Soo Line railroad tracks but this would require the total width of the roadway to run through the wetland area for a substantial distance as well as adding length to the necessary roadway. Councilmember Helliwell suggested that this would not be an acceptable alternative for further consideration. In discussing other potential alternative locations, it was the generally held opinion of the homeowners that they would prefer a roadway adjacent to their back property lines rather than additional residences which may occur if the road was pushed far enough northward to allow development on the south side of future Schmidt Lake Road. Councilmember Helliwell suggested to the homeowners that they prepare their alternatives and present those to the City for consideration. There was some concern expressed regarding an all or nothing alternative and it was agreed that a "best fit" type alternative could be considered which would impact the wetlands and the existing trees to the least degree possible.C'M SQ�� '91 CSM DEC 21 T SUBJECT: SCHMIDT LAKE ROAD ALIGNMENT December 18, 1990 Page Two The timing of when the citizens needed to present their proposal to the City was discussed next. It was explained that the City's watermain project between Fernbrook and Vicksburg is currently on hold until the Schmidt Lake Road alignment is determined. Therefore, it is imperative that this decision be made in the near future and the residents agreed to meet in the very near future to finalize their request to the City. DLF:kh attachment cc: Fred G. Moore Jim Willis n or y 'rp 1. 2. 3. 4. 5. 6. 7. 8. Monday December 17, 1990 SCHMIDT LAKE ROAD - ALIGNMENT WALK NAME ADDRESS Fred Moore City of Plymouth Joe Richter DNR Dan Edgerton Bonestroo, Rosene, Anderlik & Assoc. Dan Faulkner City of Plymouth Charles Pratt 15020 48th Avenue No. Mick Hutson 15030 48th Avenue No. Gary Doyle 4835 Juneau Lane Carole Helliwell City of Plymouth Gary Laurent Laurent Development Jennifer Wanger 15000 48th Avenue No. Tish Callahan 15025 48th Avenue No. James Sewdberg 4830 Ithaca Lane Tony Hanlin 4820 Ithaca Lane Richard Svigel 4845 Ithaca Lane C'�`''D LfyF, 1•� , STATE OF MINNESOTA. DISTRICT COURT ✓ COUNTY OF HENNEP4Aj1z ?� FOURTH JUDICIAL DISTRICT Robert McGraw and Mary.+McGraw,' husband and wife, Petitioners, VS. City of Plymouth, a Minnesota municipal corporation, Defendant. ORDER ALLOWING WRIT Court File No. 90-23387 The within Alternative Writ of Mandamus is hereby allowed, returnable at a Special Term of the District Court for Hennepin County to be held at the Courthouse in the City of Minneapolis on the 11th day of January, 1991, at 9:00 a.m.; service thereof is hereby directed to be made by delivery to and leaving with the City Clerk for the City of Plymouth a copy of said Writ, together with a copy of this Order and a copy of the Petition for said Writ. -1A Dated thisday of December, 1990. TR -1646 BY THE COURT Daniel R. Hart Judge of District Court C1EF1 j,t► 3 '9 1 STATE OF MINNESOTA COUNTY OF HENNEPIN Robert McGraw and Mary McGraw, husband and wife, Petitioners, VS. City of Plymouth, a Minnesota municipal corporation, Defendant. DISTRICT COURT FOURTH JUDICIAL DISTRICT ALTERNATIVE WRIT OF MANDAMUS Court File No. 90-23387 TO: THE STATE OF MINNESOTA TO THE CITY OF PLYMOUTH: GREETINGS. WHEREAS, it manifestly appears to us by the Petitioner of Robert McGraw and Mary McGraw that: 1. Robert and Mary McGraw are citizens and residents of the County of Hennepin, State of Minnesota, and are the fee owners of a five -acre tract of land located at 4465 West Medicine Lane Drive, Plymouth, Minnesota 55441, having a legal description .-as set forth on attached Exhibit "A". 2. The City of Plymouth is a Minnesota municipal corporation with its offices located at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447. 3. Pursuant to the provisions of Minn. Stat. § 465.01, et seg., the City of Plymouth possesses the authority to exercise the right of eminent domain in accordance with the provisions of Minn. Stat. § 117.011, et seg. 4. On or about October 1, 1990, the City of Plymouth, by Resolution No. 90-647, attached hereto as Exhibit "B", undertook �!°�i JN,1 3'91 through its City Council to authorize the commencement of condemnation proceedings for certain improvements of West Medicine Lake Drive in the City of Plymouth, which street is also identified in Plymouth's Thoroughfare Guide Plan elements of its Municipal Comprehensive Plan as Northwest Boulevard, and which is also identified by Hennepin County as County Road 61. 5. The roadway improvements planned by the City of Plymouth include the upgrading and widening of West Medicine Lake Drive from its current condition as a two-lane improved asphalt roadway with no curb and gutter into a fully urbanized four -lane roadway improved with curb, gutter, concrete medians and the like. Attached hereto as Exhibit "C" is a Topography Plan depicting the proposed roadway improvements in the area of the McGraw property located at 4465 West Medicine Lake Drive. 6. In connection with its roadway improvement project, the City of Plymouth proposes to obtain certain temporary construction easements and a permanent slope easement from Petitioners herein. 7. The City of Plymouth's current plans do not include any proposed acquisition of additional right-of-way in front of the McGraw property. At the present time, the City of Plymouth possesses rights to a 33' right-of-way west of the centerline of West Medicine Lake Drive. 8. Pursuant to Plymouth's Thoroughfare Guide Plan, the segment of County Road 61 in front of the McGraw property is designated as a minor arterial roadway and is projected P ultimately to carry vehicular traffic of upwards of 20,000 vehicles per day. In all instances in which, pursuant to Plymouth's Thoroughfare Guide Plan, minor arterial streets have been upgraded to full urban configurations, the right-of-ways obtained by Plymouth for such use have been at least 100' wide and, in many instances, 120' wide. In fact, directly opposite the McGraw property on the east side of West Medicine Lake Drive, the City of Plymouth has already obtained an additional 17' of right-of-way, bringing the total width of the right-of-way east of the centerline of the said road to 501. Attached hereto as Exhibit "D" is a copy of an aerial photo with plat overlays prepared by the City of Plymouth showing the current right-of-way configuration at the location of the McGraw parcel. 9. The proposed construction and upgrading of West Medicine Lake Drive to its full urban standards will bring the west curb line of said four -land minor arterial roadway within approximately 17' of the residential structure now located upon the premises. 10. The City of Plymouth has arbitrarily and capriciously refused to include in its Resolution authorizing condemnation proceedings regarding the subject roadway any inclusion of a proposed condemnation of an additional 17' of right-of-way along the west edge of Medicine Lake Road in front of the McGraw property. Said failure departs from Plymouth's own Comprehensive Plan, policies and procedures, and is, therefore, arbitrary, capricious and unlawful. 3 CIM 11. Prior to the commencement of this proceeding, your Petitioners requested of Respondent that an additional 17' right- of-way taking be included in Plymouth's authorizing Resolution No. 90-647, but the City, acting through its administration and City Council, has failed and refused to include such a taking within the planned condemnation, and Petitioners, therefore, have exhausted their administrative remedies. 12. Petitioners will suffer irreparable loss and damage unless this Court grants a Writ of Mandamus compelling Respondent to condemn an additional 17' of right-of-way along the west side of existing West Medicine Lake Road right-of-way adjacent to the McGraw property. THEREFORE, you are commanded immediately after the receipt of this Writ to commence condemnation proceedings pursuant to the provisions of Minn. Stat. 5 117.011, et sea., for the acquisition of the east 17' of Petitioners' parcel, and compensate Petitioners pursuant to the provisions of Minn. Stat. § 117.045 for their: attorney fees incurred in bringing the within action, or show cause before this Court at Special Term thereof to be held in Room 359-C, Hennepin County Government Center Court Tower in the City of Minneapolis on January 11, 1991, at 9:00 a.m., why you have not done so, and that you then and there make return to this Writ with your certificate on such return of having done as you are commanded. 4 WITNESS, The Honorable Daniel R. Hart, Judge of Hennepin 3� County District Court, and the Seal thereof, this 2 day of December, 1990. r District Court Administrator',, TR -1638 5 ,� SAN' 3 T 1 EXHIBIT A The East 465 feet of the South 86 feet of the Southwest 1/4 of the Sout6ast 1/4 of Section 10, Township 118 North, Range 22 West of the 5th Principal Meridian. ALSO that part of the East 233.35 feet of the North 14 acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118 North, Range 22 West of the 5th Principal Meridian, lying North of the South 140 feet of said 14 acres. ALSO the West 231.65 feet of the East 465 feet of the North 14 acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118, Range 22. \ L-\ i EXHIBIT B CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota was held on the 1st day of October 1990. The following members were present: Mayor Bergman, Councilmembers Helliwell Ricker. Vasiliou and Zitur The following members were absent: None lYitX *7k7k 7kXic .Mayor Bergman introduced the following Resolution and moved its adoption: RESOLUTION NO. 90-643 AUTHORIZING CONDEMNATION PROCEEDINGS ROCKFORD ROAD PLAZA/NORTH WEST BOULEVARD STREET IMPROVEMENTS CITY PROJECT NO. 948 WHEREAS, the City of Plymouth has undertaken City Project No. 948; and WHEREAS, in order to construct the improvements certain permanent and temporary easements are required; and WHEREAS, the City Council finds it necessary, proper and expedient in the interests of the public health, convenience and general welfare of the citizens of the City of Plymouth for the City to acquire said easements; and WHEREAS, the City Council finds that the construction schedule for said public project makes it necessary to acquire title to and possession of the easement interests prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the use of MinII. Stat. Sec. 117.042 (1988), so-called "Quick -Take" statute, will enable the City to timely acquire the required lands; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City Attorney is hereby authorized to commence condemnation proceedings utilizing said "Quick -Take" statute for City Project No. 948 iricorporating Bim. Stat. Sec. 117.042 for the following described easements within the following described parcels: C11,R Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: City of Plymouth Date Prepared: May 18 1990 Revised: October 1, 1990 Commission No.: 0891259 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. APPARENT OWNER: TAXPAYER: LEGAL DESCRIPTION: 4291577 C P.I.N. 15 118 22 12 0001 Project Parcel No. 1 City Project No. 948 Page I of 1 Robert L. $ Mary P. McGraw A temporary easement for construction purposes and permanent slope easement over, under, across and through the East 73 feet of the North 160 feet of the South 300 feet of the North 14 acres of the Northwest Quarter of the Northeast Quarter of said Section 15. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the North 14 acres of the Northwest. Quarter of the Northeast Quarter of said Section 15 lying easterly of the following described line: Beginning at the northwest corner of the East 73 feet of the South 300 feet of said North 14 acres; thence northeasterly to the southwest corner of the East 45 feet of the North 65 feet of said North 14 acres and there terminating. Said easements to expire December 31, 1991 or upon completion of construction. whichever comes first. Said easements contain 9,130+ sq. ft. Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: City of Plymouth Date Prepared: May 18, 1990 Revised: October 1 1990 Commission No.: 0891259 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. APPARENT OWNER: TAXPAYER: LEGAL DESCRIPTION: 4952616 Randall L. Begin C P.I.N. 15 118 22 12 0002 Project Parcel No. 2 City Project No. 948 Page I of 1 A temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the following described property: The East 233.35 feet of the South 140 feet of the North 14 acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118, Range 22, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. Which lies easterly of a line described as beginning at a point on the south line of said North 14 acres distant 46 feet westerly from the southeast corner of said North 14 acres; thence northwesterly to a point on the north line of the South 140 feet of said North 14 acres distant 68 feet westerly from the northeast corner of said South 140 feet thereof and there terminating. Said easement to expire December 31 1991 or upon completion of construction; whichever comes first, Said easement contains 3,360+ sq. ft. Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: City of Plymouth Date Prepared: May 18 1990 Revised: October 1, 1990 Commission No.: 0891258 P.I.N. 25 118 22 22 0007 Project Parcel No. 4 City Project No. 948 Page I of 2 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. 5110814 APPARENT OWNER: Rockford Investment Company TAXPAYER: LEGAL DESCRIPTION: A temporary easement for construction purposes and permanent slope easement over, under, across and through the East 88 feet of the South 100 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 118, Range 22, Hennepin County, Minnesota. Together with a- temporary easement for construction purposes and permanent slope easement over, under, across and through the East 73 feet of the North 75 feet of the South 175 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the North 210 feet of the South 385 feet of said Northwest Quarter of Northeast Quarter lying easterly of the following line: Beginning at the southwest corner of the East 73 feet of said North 210 feet of South 385 feet; thence northwesterly to the northwest corner of the East 90 feet of the South 260 feet of said Northwest Quarter of Northeast Quarter; thence northeasterly to the northwest corner of the East 53 feet of the South 385 feet of said Northwest Quarter of Northeast Quarter and there terminating. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through the East 53 feet of the North 50 feet of the South 435 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through the East 45 feet of the North 100 feet of the South 535 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the East 58 feet of said Northwest Quarter of Northeast Quarter lying northerly of the South 535 feet thereof and lying southerly of the following described line: Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: City of Plymouth Date Prepared: May 18, 1990 Revised: October 1, 1990 Commission No.: 0891258 P.I.N. 15 118 22 12 0007 Project Parcel No. 4 City Project No. 948 Page 2 of 2 Beginning at a point on the west line of said Northwest Quarter of Northeast Quarter distant 649.27 feet south from the Northwest corner thereof; thence easterly to a point on the east line of said Northwest Quarter of Northeast Quarter distant 652.26 feet south from the northeast corner thereof and said line there terminating. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of said Northwest Quarter of Northeast Quarter lying southeasterly of a line drawn from a point on the south line of said Northwest Quarter of Northeast Quarter distant 148 feet west from the southeast corner thereof to a point on the east line of said Northwest Quarter of Northeast Quarter distant 110 feet north from the southeast corner thereof. Said easements to expire December 31, 1991 or upon completion of construction, whichever is first. Said easements contain 15,000± sq. ft. Resolution No. 90-643 Prepared By: Strgar-Roscoe-Fausch, Inc. P.I.N. 15 118 22 12 0007 Prepared For: City of Plymouth Project Parcel No. 4 Date Prepared: May 18, 1990 City Project No. 948 Commission No.: 0891258 Page 1 of 1 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. 5110814 APPARENT OWNER: Rockford Investment Company TAXPAYER: LEGAL DESCRIPTION: A perpetual easement for roadway and utility purposes over, under, across and through the West 28.0 feet of the East 61.0 feet of the South 210.20 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 118, Range 22, Hennepin County, Minnesota. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the West 28.0 feet of the East 61.0 feet of the North 207.33 feet of the South 417.53 feet of said Northwest Quarter of Northeast Quarter lying southeasterly of a line drawn from the southwest corner of said West 28.0 feet of East 61.0 feet of North 207.33 feet of South 417.53 feet to the northeast corner of said West 28.0 feet of East 61.0 feet of South 417.53 feet. Said perpetual easements contain 8,790+ sq. ft. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman Cninri1member-, Rellim-1 1 RirkPr. Vasiliou and Zitur The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. XX X CIPS Jr4� 3,01 0 c ;RAVEL 22 ,VEL A� tAYM I ( s g O mil � 44 .TH. AVE. I c I� � O N xc— ° �(S) G m / T T_ r 45 TH. AVE_ _ a c `01 31 '.Alt 36 vt 4' VA.:- A . . . . . . . . . . . . f2 ;4 SZ�4VY L 1,01i -ITT, (JT -i S 7 Pi� AW Tfe% 44 Iw xfle'k . . . . . . .... b%.; Z, STATE OF MINNESOTA DISTRICT COURT COUNTY'OF HENNEPIN FOURTH JUDICIAL DISTRICT Robert McGraw and Mary McGraw, husband and wife, Petitioners, VS. City of Plymouth, a Minnesota municipal corporation, Defendant. PETITION FOR ALTERNATIVE WRIT OF MANDAMUS Court File No. 0 — 2 3 7 TO: THE HONORABLE DISTRICT COURT FOR HENNEPIN COUNTY. Your Petitioners, Robert McGraw and Mary McGraw, husband and wife, respectfully represent: 1. Robert and Mary McGraw are citizens and residents of the County of Hennepin, State of Minnesota, and are the fee owners of a five -acre tract of land located at 4465 West Medicine Lane Drive, Plymouth, Minnesota 55441, having a legal description as set forth on attached Exhibit "A". 2. The City of Plymouth is a Minnesota municipal corporation with its offices located at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447. 3. Pursuant to the provisions of Minn. Stat. § 465.01, et sea., the City of Plymouth possesses the authority to exercise the right of eminent domain in accordance with the provisions of Minn. Stat. § 117.011, et sea. 4. On or about October 1, 1990, the City of Plymouth, by Resolution No. 90-647, attached hereto as Exhibit "B", undertook through its City Council to authorize the commencement of CIM JAIN, condemnation proceedings for certain improvements of West Medicine Lake Drive in the City of Plymouth, which street is also identified in Plymouth's Thoroughfare Guide Plan elements of its Municipal Comprehensive Plan as Northwest Boulevard, and which is also identified by Hennepin County as County Road 61. 5. The roadway improvements planned by the City of Plymouth include the upgrading and widening of West Medicine Lake Drive from its current condition as a two-lane improved asphalt roadway with no curb and gutter into a fully urbanized four -lane roadway improved with curb, gutter, concrete medians and the like. Attached hereto as Exhibit "C" is a Topography Plan depicting the proposed roadway improvements in the area of the McGraw property located at 4465 West Medicine Lake Drive. 6. In connection with its roadway improvement project, the City of Plymouth proposes to obtain certain temporary construction easements and a permanent slope easement from Petitioners herein. 7. The City of Plymouth's current plans do not include any proposed acquisition of additional right-of-way in front of the McGraw property. At the present time, the City of Plymouth possesses rights to a 33' right-of-way west of the centerline of West Medicine Lake Drive. 8. Pursuant to Plymouth's Thoroughfare Guide Plan, the segment of County Road 61 in front of the McGraw property is designated as a minor arterial roadway and is projected ultimately to carry vehicular traffic of upwards of 20,000 K ato pi, 3'91 vehicles per day. In all instances in which, pursuant to Plymouths Thoroughfare Guide Plan, minor arterial streets have been upgraded to full urban configurations, the right-of-ways obtained by Plymouth for such use have been at least 100' wide and, in many instances, 120' wide. In fact, directly opposite the McGraw property on the east side of West Medicine Lake Drive, the City of Plymouth has already obtained an additional 171 of right-of-way, bringing the total width of the right-of-way east of the centerline of the said road to 501. Attached hereto as Exhibit I'D" is a copy of an aerial photo with plat overlays prepared by the City of Plymouth showing the current right-of-way configuration at the location of the McGraw parcel. 9. The proposed construction and upgrading of West Medicine Lake Drive to its full urban standards will bring the west curb line of said four -land minor arterial roadway within approximately 171 of the residential structure now located upon the premises. 10. The City of Plymouth has arbitrarily and capriciously refused to include in its Resolution authorizing condemnation proceedings regarding the subject roadway any inclusion of a proposed condemnation of an additional 17' of right-of-way along the west edge of Medicine Lake Road in front of the McGraw property. Said failure departs from Plymouth's own Comprehensive Plan, policies and procedures, and is, therefore, arbitrary, capricious and unlawful. 3 11. Prior to the commencement of this proceeding, your Petitioners requested of Respondent that an additional 171 right- of-way taking be included in Plymouth's authorizing Resolution No. 90-647, but the City, acting through its administration and City Council, has failed and refused to include such a taking within the planned condemnation, and Petitioners, therefore, have exhausted their administrative remedies. 12. Petitioners will suffer irreparable loss and damage unless this Court grants a Writ of Mandamus compelling Respondent to condemn an additional 171 of right-of-way along the west side of existing West Medicine Lake Road right-of-way adjacent to the McGraw property. WHEREFORE, Petitioners, who have made no other application therefore, pray that a Writ of Mandamus issue commanding Respondent as follows: 1. To commence condemnation proceedings pursuant to Minn. Stat. § 117.011, et sec.., involving the easterly 17' of the McGraw property located at 4465 West Medicine Lake Drive such that Petitioners herein receive just and fair compensation for a taking of sufficient additional land to provide a 1001 right-of- way in total for West Medicine Lake Drive. 2. Requiring Respondent to pay to Petitioners pursuant to the provisions of Minn. Stat. § 117.045 all of Petitioners, reasonable costs and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred in bringing this action. 4 Vr&I JAS; 3. Granting to Petitioners such other and further relief as the Court deems just and equitable under the circumstances. Dated this r'y' day of December, 1990. Robert McGraw C r -- Mary McGjraw VERIFICATION STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Robert McGraw and Mary McGraw, being duly sworn upon oath, say that they are the Petitioners in the above matter; that they have read the foregoing Petition for Alternative Writ of Mandamus and know the content thereof; that the same is true to their own knowledge, except as to those matters therein stated on information and belief, and as to those matters they believe them to be true. I J Robert McGraw ,1 n<1,� ;JTI1 Mary MCGraw Subscribed and sworn to before me this day of December, 1990. Notary Public KELLY C KRELLER NOTARY PI�IIC - hMtE90TA Wy COIrlrU3310N Q(PIRE8 0a-0�Od 5 •,g (;epi �:•ts r. uil ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded, pursuant to Minn. Stat. § 549.21, Subd. 2, to the party against whom the al�-� egations in this pleading are asserted. Dated this oday of December, 1990. TR -1583 BERNICK AND LIFSON, P.A. ,4 odd Rapp Attorney I.D. No. 12171X Parkdale 1, Suite 200 5401 Gamble Drive Minneapolis, Minnesota 55416 (612) 546-1200 Attorney for Petitioners M EXHIBIT A The East 465 feet of the South 86 feet of the Southwest 1/4 of the Southeast 1/4 of Section 10, Township 118 North,'Range 22 West of the 5th Principal Meridian. ALSO that part of the East 233.35 feet of the North 14 acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118 North, Range 22 West of the 5th Principal Meridian, lying North of the South 140 feet of said 14 acres. ALSO the West 231.65 feet of the East 465 feet of the North 14 .,acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118, Range 22. IJEiYi � d EXHIBIT B CITY OF PLYMOUTH Pursuant to due call and notice thereo.', a regular . meeting of the City Council of the City of Plymouth, Minnesota was held on the 1st day of October 1990. The following members were present: Mayor Bergman, Councilmembers Helliwell Ricker. Vasiliou and Zitur The following members were absent: None 7{ lCic �C�C* 'kXX 14ayor Bergman introduced the following Resolution and moved its adoption: RESOLUTION NO. 90-643 AUTHORIZING CONDEMNATION PROCEEDINGS ROCKFORD ROAD PLAZA/NORTH WEST BOULEVARD STREET IMPROVEMENTS CITY PROJECT NO. 948 WHEREAS, the City of Plymouth has undertaken City Project No. 948; and WHEREAS, in order to construct the improvements certain permanent and temporary easements are required; and WHEREAS, the City Council finds it necessary, proper and expedient in the interests of the public health, convenience and general welfare of the citizens of the City of Plymouth for the City to acquire said easements; and WHEREAS, the City Council finds that the construction schedule for said public project makes it necessary to acquire title to and possession of the easement interests prior to the filing of the final report of the condemnation commissioners to be appointed by the district court; and WHEREAS, the use of Minn. Stat. Sec. 117.042 (1988), so-called "Quick -Take" statute, will enable the City to timely acquire the required lands; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City Attorney is hereby authorized to commence condemnation proceedings utilizing said "Quick -Take" statute for City Project No. 948 incorporating Minn. Stat. Sec. 117.042 for the following described easements within the following described parcels: f`in.^ A 1 Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: Cid of Plymouth Date Prepared: May 18 1990 Revised: October 1. 1990 Commission No.: 0891259 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. APPARENT OWNER: TAXPAYER: LEGAL DESCRIPTION: 4291577 P.I.N. 15 118 22 12 0001 Project Parcel No. 1 City Project No. 948 Page I of 1 Robert L. & Mary P. McGraw A temporary easement for construction purposes and permanent slope easement over, under, across and through the East 73 feet of the North 160 feet of the South 300 feet of the North 14 acres of the Northwest Quarter of the Northeast Quarter of said Section 15. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the North 14 acres of the Northwest. Quarter of the Northeast Quarter of said Section 15 lying easterly of the following described line: Beginning at the northwest corner of the East 73 feet of the South 300 feet of said North 14 acres; thence northeasterly to the southwest corner of the East 45 feet of the North 65 feet of said North 14 acres and there terminating. Said easements to expire December 31. 1991 or upon completion of construction. whichever comes first. Said easements contain 9,130+ sq. ft. CIM JAP'l 3"01 =\y Prepared By: Strgar-Roscoe-Fausch, Inc. P.I.N. 15 118 22 12 0002 Prepared For: City of Plymouth Project Parcel No. 2 Date Prepared: May 18, 1990 City Project No. 948 Revised: October 1, 1990 Commission No.: 0891259 Page I of 1 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. 4952616 APPARENT OWNER: TAXPAYER: LEGAL DESCRIPTION: Randall L. Begin A temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the following described property: The East 233.35 feet of the South 140 feet of the North 14 acres of the Northwest 1/4 of the Northeast 1/4 of Section 15, Township 118, Range 22, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. Which lies easterly of a line described as beginning at a point on the south line of said North 14 acres distant 46 feet westerly from the southeast corner of said North 14 acres; thence northwesterly to a point on the north line of the South 140 feet of said North 14 acres distant 68 feet westerly from the northeast corner of said South 140 feet thereof and there terminating. Said easement to expire December 31. 1991 or upon completion of construction; whichever comes first, Said easement contains 3,360+ sq. ft. Prepared By: Strgar-Roscoe-Fausch, Inc. P.I.N. �15 118 22 12 0007 Prepared For: City of Plymouth Project Parcel No. 4 Date Prepared: May 18, 1990 City Project No. 948 Revised: October 1 1990 Commission No.: 0891258 Page I of 2 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. 5110814 APPARENT OWNER: Rockford Investment Company TAXPAYER: LEGAL DESCRIPTION: A temporary easement for construction purposes and permanent slope easement over, under, across and through the East 88 feet of the South 100 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 118, Range 22, Hennepin County, Minnesota. Together with a• temporary easement for construction purposes and permanent slope easement over, under, across and through the East 73 feet of the North 75 feet of the South 175 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the North 210 feet of the South 385 feet of said Northwest Quarter of Northeast Quarter lying easterly of the following line: Beginning at the southwest corner of the East 73 feet of said North 210 feet of South 385 feet; thence northwesterly to the northwest corner of the East 90 feet of the South 260 feet of said Northwest Quarter of Northeast Quarter; thence northeasterly to the northwest corner of the East 53 feet of the South 385 feet of said Northwest Quarter of Northeast Quarter and there terminating. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through the East 53 feet of the North 50 feet of the South 435 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through the East 45 feet of the North 100 feet of the South 535 feet of said Northwest Quarter of Northeast Quarter. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of the East 58 feet of said Northwest Quarter of Northeast Quarter lying northerly of the South 535 feet thereof and lying southerly of the following described line: hh ��41 3'91 Prepared By: Strgar-Roscoe-Fausch, Inc. Prepared For: City of Plymouth Date Prepared: May 18, 1990 Revised: October 1, 1990 Commission No.: 0891258 P.I.N. 15 118 22 12 0007 Project Parcel No. 4 City Project No. 948 Page 2 of 2 Beginning at a point on the west line of said Northwest Quarter of Northeast Quarter distant 649.27 feet south from the Northwest corner thereof; thence easterly to a point on the east line of said Northwest Quarter of Northeast Quarter distant 652.26 feet south from the northeast corner thereof and said line there terminating. Together with a temporary easement for construction purposes and permanent slope easement over, under, across and through that part of said Northwest Quarter of Northeast Quarter lying southeasterly of a line drawn from a point on the south line of said Northwest Quarter of Northeast Quarter distant 148 feet west from the southeast corner thereof to a point on the east line of said Northwest Quarter of Northeast Quarter distant 110 feet north from the southeast corner thereof. Said easements to expire December 31, 1991 or upon completion of construction, whichever is first. Said easements contain 15,000± sq. ft. Resolution No. 90-643 Prepared By: Strgar-Roscoe-Fausch, Inc. P.I.N. 15 118 22 12 0007 Prepared For: City of Plymouth _ Project Parcel No. 4 Date Prepared: May 18, 1990 City Project No. 948 Commission No.: 089:258 Page I of 1 CERTIFICATE OF TITLE NO. ABSTRACT DOCUMENT NO. 5110814 APPARENT OWNER: Rockford Investment Company TAXPAYER: LEGAL DESCRIPTION: A perpetual easement for roadway and utility purposes over, under, across and through the West 28.0 feet of the East 61.0 feet of the South 210.20 feet of the Northwest Quarter of the Northeast Quarter of Section 15, Township 118, Range 22, Hennepin County, Minnesota. Together with a perpetual easement for roadway and utility purposes over, under, across and through that part of the,West 28.0 feet of the East 61.0 feet of the North 207.33 feet of the South 417.53 feet of said Northwest Quarter of Northeast Quarter lying southeasterly of a line drawn from the southwest corner of said West 28.0 feet of East 61.0 feet of North 207.33 feet of South 417.53 feet to the northeast corner of said West 28.0 feet of East 61.0 feet of South 417.53 feet. Said perpetual easements contain 8,790+ sq. ft. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Bergman CouncRirkPr Vasiliou and Zitur The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. XX X :RAVEL tAVEL \ _ LA 81 8 11 � O O 44 .TH. -AVE. I j' IC y t IF i I Oil/ XC --0 co I TV—BUR 45 TH. AVE_co _ I OL jHOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 012/337-9300 I E N T S U M. ii A R Y City; of Plymouth 2-_;., 194C. 3400 Plymouth Blvd. Plymouth, MN 515447 FELE. 1._ J-1-102`254694 MatI.er ca -r_'t: f.c1 6=2 $5, 111E ice: Frvse:t+ :ar, C+,t.rt "ir:W 54 $'3,S?. F4 2� HPC _. 15. ` : 0. 00 $2 E. -0 32A Ce::er.__ -- Ad In=ir:iS v. a.:+_ 4c. -'":-.5 2,OEll tis 321D CJ17i5+'+?It+, is R •' ce ip(is Ertt0.5 A. 113tr' Y5 32F Gene?'3: - i zr5 r,Ce 51 C C.' c". OC) $5i. C,0 32PR Ge-neT'a1 - FaT• ar:_ Pe reat on 7_. i:�_ 21 e.. GC $65'F- C•0 32FE Generai - Public SafetL 450, w-=1 .=2-2. E2 $E'3- i2 32PW G,_nera_ - FuE: 1_c Wr_ ks 16 1 C:0 4.«. GG 12, 605. CIO 42 Cod ifirat-ion C. __ _91. 00 %2:'.1 4.,Civ 43 Claims _ General 2E 3 t . GO $2E. 5�0 45 v i3ee C>;tt_rywf_. _ 20 �.. �.� 6t� 51 v Larru Ley ir•- 51. -_•V 0. -175 $5_ %5 5✓ L'e lr �4 U. 7t�i r 1'iL ..s T- ana _� � __ ?, (� _Ct e 43C._. .v Asseizs ten "I App ea 1 65 CotnP_a_ .t Ur t;^^ C+J? 2 66 Rug HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 612/337-9300 C L I E N T S U M M A v City of Plymouth L'ecein'tler `y IC�90 3400 Plymouth Blvd. Plymouth, MN 55447 1 declare, under penalty of law that this account, claim or demand is Just and correct and that no part of it has been paid. F, 5 nature f iaimant „- cim ia! 3'91 FED. I . D. 4• i - i -256Q4 i i. Ert(tiitit 1-15 IV _ C. -rT 'lc'.. _ i.'JA."asn '.. ._Gf1 ... -.7C c5 X4'32`55 J 8 Y Ha=aT.1_k w a o d _ L <v T? G• 92 , ♦ E�:.v .�.� ,�e, !'� r 1J i a L `- �. r :. IT -,C. $45'- .� W 94' 7City Drogue YF L7 e� L_,... v� .._ _ � ti'� -. +. r_ :"_ �. Free G ... .. /_ _. ._... �1 �G/ i�i♦`-.- 1 Churcr 95 v. Marc„s Feat E,ttr- Development CC•rFc:I ani-.jn 96 NoT''ti--Wes' ''o__► u8mita'iL)i`r (Project 0141 103 McComb; Frank Fioo4 .. L. T. 47`i0 !” 00 $4-7. c0 Investments ------------------- Client F`100 Totals: $22: 34.60 X28,45 60 Retainer Debit: 613.50 Total Due: $29,069.30 1 declare, under penalty of law that this account, claim or demand is Just and correct and that no part of it has been paid. F, 5 nature f iaimant „- cim ia! 3'91 EXEaMVN SECP-7/--,v Jude Anderson. 3030 Harbor lane Piymoj?h V': 55,147 Phone 612 553- elm creek Watershed Management Commission TECHNICAL AD ✓ SO= Henne- r Cc,r,Serva* Ds!,!ct 12450'Nayzala 6. i� ,nelonra I!, 553 Phone 6'.2 r,44-8`.'2 Minutes November 14, 1990 � �U I. The regular monthly meeting of the Elm Creek Watershed Management Com- mission, was called to order at 3:10 p.m., Wednesday, November 14, 1990, at Plymouth City Hall, Plymouth, MN, by Chairman Fred Moore. Those present were: Robert Derus, Corcoran; '.Shirley Slater, Dayton; Steve Peaslee, Hassan; Ken Ashfeld, Maple Grove; Larry Elwell, Medina; Fred Moore, Plymouth; Joel Settles, Yvette Keegan, and Leon Zeug, HCD; Will Hartfeldt, attorney; John Barten, Hennepin Parks; and Judie Ander- son, Executive Secretary. Also present was Mel Harris, Maple Grove. II. Ashfeld moved and Peaslee seconded a motion to approve the minutes of the October 10, 1990 meeting. Motion carried. III. Ashfeld moved and Peaslee seconded a motion to approve the Treasurer's Report and pay the bills. Motion carried. IV. Reports from the District Office. A The Technical Committee met or. November 6 to discuss the Noncriti- cal Lake Drainage Basin Water Treatment Policy. In response to discussion at that meeting, HCD designed a wet detention basin using NURP criteria and the Walker model for removing phosphorous for a rural residential development of 5 lots on 40 acres and in a suburban residential setting. After additional in- put from the Commission, Zeug will redraft the policy. B. HCD staff has made field inspections of the blockages in Rush and Elm Creeks. Pictures of the blockages indicate they are typical for a stream meandering through a wooded area. Deadfall trees lay across the creek or have floated downstream. Other debris has also accumulated along the stream course and should float downstream when Rush Creek fills to its channel capacity. V. Hassan Petition. Peaslee moved and Ashfeld seconded a motion to adopt the Findings and Order in the matter of the enlargement of the Elm Creek watershed by the total inclusion of the Township of Hassan. The motion was adopted by roll call vote. Those voting aye were Corcoran, Dayton, Hassan, Maple Grove, Medina and Plymouth; absent was Champlin. The Findings and Order was signed by the mem- '41 Cit,9 Ja^j Minutes November 14, 1990 page 2 bers present and will be sent to Champlin for signature by that Commissioner. Anderson will mail copies to all members. Hartfeldt will transmit the origi- nal to the Board of Water and Soil Resources. VI. Project Reviews. A. 86-037 Joe Raskob, Medina. No information. B. 87-005 Lloyd Olsen, Plymouth. No information. C. 67-016 Tom Dykhoff, Medina. No information. D. 87-034 Shadow Creek 3rd Addition, Maple Grove. No information., E. 88-017 Gerald Dykhoff, Medina. No information. F. 89-021 Wetland 27-527W, Maple Grove. No information. G. 89-036 Chester Adams, Maple Grove. No information. H. 90-009 Rogers Industrial Park. Zeug will meet with Wilfred Dehn re this project. I. 90-017 Fina Mart, Maple Grove. No information. J. 90-020 DMJ Fill, Medina. No information. K. 90-021 Shadow Creek 4th Addition, Maple Grove. No information. L. 90-022 Shadow Creek 5th Addition, Maple Grove. No information. M. 90-023 Wildwood Springs, Dayton. HCD approved the erosion and sediment control plan for utilities. N. 90-024 Mel Harris, Maple Grove. Mr. Harris was present to de- scribe a situation whereby fill placed on the shoreline of his property is located within the Fish Lake flood plain. Derus moved and Ashfeld seconded a motion to table action pending findings of fact with which to make a decision in this matter. Motion carried. Members of the Commission and staff will meet with Mr. Harris to view the site prior to the December meeting. 0. 90-025 Schmidt Gardens, Plymouth. HCD approved the erosion and sediment control plan for watermain. P. 90-026 Picnic Shelter, Elm Creek Park Reserve. HCD approved the erosion and sediment control plan for utilities. Q. 90-027 Mitchell -Pearson Property, Plymouth. HCD approved the erosion and sediment control plan for stockpile. 3#011 Minutes November 14, 1990 page 3 R. 90-028 Auto Mall, Maple Grove. sediment control plan. HCD approved the erosion and VII. Other Business. A. The Commission of the Whole was appointed as the Technical Com- mittee. B. Slater indicated the City of Dayton has appointed Kilmer Hartman as Alternate Commissioner. Anderson will inform MBWSR of this appointment. There being no further business before the Commission, the meeting was ad- journed at 5:10 p.m. Respectfully submitted, 4-12 , Judie A. Anderson Executive Secretary JAA:tim Y Cpm 3k�, MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 4, 1991 TO: James G. Willis, C' Manager FROM: Charles E. D 1 l , Community Development Coordinator, through Blair Tremere, unity 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/89057:dl) Mr. Luther Nelson Hennepin County Solid Waste Division Suite 300 822 South Third Street Minneapolis, MN 55415 SUBJECT: SITE PLAN AND CONDITIONAL USE PERMIT - WASTE TRANSFER FACILITY (89057) Dear Mr. Nelson: This letter is written to forward review comments and observations submitted by the staff members at the December 14, 1990, staff review committee meeting regarding the above referenced application. During the staff discussion of the application materials submitted, the following items were addressed: 1. The Engineering Division reports that the drawings you submitted with Janet D. Leick's letter of December 7, 1990, (received by the City December 10, 1990) did not address the items referenced in our letter of November 20, 1990 (a copy enclosed). We cannot proceed with the processing of your application until adequate response has been received to the concerns raised in that November 20, 1990, letter. 2. The modification of your floor plan to add the classroom facility is acknowledged. Your companion proposal to amend the Site Plan to now add off-street parking spaces at the west extremity of your site (the developed portion of the site) creates a problem of parking user/site circulation conflict of major proportions. It appears that the user of these proposed "new" parking spaces would be required to cross no less than six lanes of active traffic circulation to reach the transfer station from their parked car (or school bus). These same types of issues, related to safe and proper interface of off- street parking with the main structure, were addressed in a much earlier stage of project review. There is no adequate way of assuring that the "school children" referred to in a letter of Janet Leick dated November 14, 1990, will not have to negotiate the six lanes of traffic to get from the new parking area to the classroom. Indeed, we expect that the parking spaces closest to the structure would be occupied first --and by employees --leaving the most likely area where a school bus would have room to park to be those "new" spaces you propose to create at the west periphery of the site. 3. Please find enclosed a copy of a letter recently received from the Hennepin County Department of Public Works with regard to the relationship of your proposal to the county road which the site abuts. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550'-5ORII Mr. Luther Nelson December 20, 1990 Page 2 The letter of December 7, 1980, from Janet Leick implies that the submissions that accompanied that letter should be sufficient to "complete the processing of Hennepin County's application." As noted above, there are a number of plan corrections that are necessary for that processing to be complete, as outlined in our letter of November 20, 1990. One of the most critical aspects is to be certain that all plan sheets reflect changes you have made to the plans in response to our earlier letters and those related to your proposal for classroom and off-street parking changes. Until we have all plans that are consistent with each other we are not in a position to complete the staff processing of this application. The purpose of this letter is to notify you of those review items identified during the staff review of the application materials. You should respond to the above review comments in written and/or graphic form as appropriate. Your earliest response in written and/or graphic form to the above points will permit us to continue processing the application for review by the Planning Commission. You should respond to all of the items. Once the additional and/or revised information is.submitted, the staff members will in turn review the information to verify that all the items have been addressed. If any additional comments arise from that staff review, correspondence similar to this letter will be promptly forwarded to you. If you have questions relating to the above review comments, or if you feel a more detailed discussion freetocontact our ith the toffice at yourearliest is warranted, please convenience. We anticipate working with you through the completion of the review process. Hopefully, this information will assist you. Sincerely, a&(.4i 11 Lerud, Community Development Coordinator Enclosures cc: File 89057 Janet D. Leick Brent Lindgren (dre/cd/89057.1:dl) �n�t �i , �;� r .3 Ll 0 0 P l VIVID 04 QY\� Ile c- a 6 4 1 Qs 0Lic/0 c, AUS /U. cvec5 -�' `12 �i-e`r<voc�U��O, i� exit v �i lv�ro Fo/^O PL)_ b,Jec_rlk?5 ()Ur- S2Q7—��lfs 6^✓' J ��SSPt/' Jar �1�� fil?14or kuMf6 rutse5-o- -c 4 r -0-t-5041) LUGS LUGS �C� LcJeG�^1G?y' et r S2a� G16�� sUs`�rtl���d n�O�' e rcrw w! `fruC G s1-7ZUa-t`�c,�rat��d o4 /i ,.� r -�'� llcw �'; eded 0� a�� v �aG?cfL U eCr 1l 5 r o Tc,c�ovlo% , )L-7 Q �-1t � S1`�C.4'`77GLt O, l�'G� � �1 P� r-- 1��cr�eCfcz `Jl� !^P 5�'� G✓,'� L / !�"r?, wa, u0 t LA-)�,�, e S Uc.� exe�1(Pl7-t S��Urc�S a✓�e �G�r'� . S'l^CcO��Q�'y/ �wt �vio���r�wcLZ CIM JAN `91 - V 5 C>� zaI/ta PUBL/C SCHOOLS :pendent School District 284 WAYZATA SENIOR HIGH SCHOOL • 305 VICKSBURG LANE • PLYMOUTH. MINNESOTA 55447-3999 • TELEPHONE 612/476-3000 December 19, 1990 Mr. Eric Blank, Director Recreation Department City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Eric: II am working on getting a substantial, safe, and inviting playground facility ready for Kimberly Lane Elementary School in time for their opening in August 1991. There is $25,000 set aside for this purpose, which sounds like a lot but it isn't, considering installation, additional material costs, surface area, landing mats, etc. We could use additional funds for this project. We hope we can qualify for a Plymouth Park designation and the extra funds which accompany it. What do I need to do for you and the City in order to make one of these dreams a reality? Thanks for your help, Ericl Sincerely, Doug O'Brien Principal on Special Assignment Wayzata High School, Room 0-115 476-5048 9M RMr",AL TM CITY I A*W1C-ZR fw"h,F GIKECTON PLANM- . DAEr ';OR FUEL ;c&ern �BtdfMIS1R.�,',ia` k ii;iiAhfT FW q,�hN.'.SSIUie 4P Anom-Ey .-- p„, /- CSC, December 31, 1990 Mayor Kim Bergman City Hall 13400 Plymouth Boulevard Plymouth, MN 55446 Dear Mayor Bergman, I am in receipt of your letter dated December 17, 1990 regarding my interest in continuing on the Park and Recreation Advisory Commission. I would be pleased to continue as a commissioner for PRAC. Thank you for your consideration. Sincerely, 4� L rank H. Freels FHF/jj JAN 2 &tag j`�{` TO: City of Plymouth Council Members FROM: Charles Hayes (476-4548) DATE: December 10, 1990 Over the past year visible work has been accomplished by Lundgren Brothers on their development on Mooney Lake. During the planning stages of the development, and at hearings before the City, Peter Pflaum indicated the lot next to my house at 18540 - 24th Ave. No. was owned by the State and could not be built on. Additionally, inquiry was made to the City and it was also indicated it was not a legal lot for building, and it was owned by the State. Rick Sather was asked about the lot and he also indicated it was owned by the State. The lot is not shown on any preliminary development plan as part of Lundgren's Mooney Lake development. It is shown as State owned property. Now, I am told that Lundgren Brothers purchased the lot from the State for taxes, the City of Plymouth donated park land to Lund- gren Brothers, so that the lot is now a legal building lot --and to and behold (!) I discover, without notification, that there will be a house next to me, in spite of assurances from the builder, the engineer and the City that I need not worry! Myself and others would like to know how this could happen. By the City exchanging property with the builder, a lot is created that is legal to build on, and the builder stands to make $100,000 without compensation to anyone He has the lot listed for 40 to 60K, and he will make at least $50,000 on the building of the house. The least the City could have done is get one-half of the profits. I request an investigation of how this can happen, and if I am correct, a reversal of all actions that created a very question- able legal and ethical problem. Thank you for your time. I look forward to hearing from you as soon as possible. r°�1 John P. Schueler 37 Tammy Hill Trail Randolph, NJ. 07869 December 28, 1990 City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Sir/Madam; After twenty-one years of paying water bills when due, I do not need to be receiving past due notices for an incorrect amount. See attached. Upon moving out of your service area, I paid the final bill (in full) based upon the meter reading taken on August 30, 1990. Since that time your finance people have added additional amounts to my bill. This seems a bit unreasonable as well as questionable. Please eliminate this charge. Thank you. John P. Schueler b ^41 N 1) W u U a +-) a� p a� � 0)V) N �H \ - •�r b0 O 3 U \ it 010 44 "t J aria 41? --1 � .n M W 4-J M + Q b +J Q) a � 1 �.o Cd z cli� CTJ °g v C13 V) En 0 rd 4 Ir vlk 'I ^, r 4� .c=. - f IN';A 3 t9i N 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. Miki & Cheryl Cart r 740 Ranchview Lane Plymouth, MN. 55447