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