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Council Information Memorandum 12-10-1987
4 CITY 0, PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM December 10, 1987 UPCOMING MEETINGS AND EVENTS..... 1. COUNCIL/CITY MANAGER DINNER MEETING -- Monday, December 14, 5:00 p.m. The Council and City Manager will meet in the City Council conference room. 2. COUNCIL PHOTOS -- Monday, December 14. Council photos will be taken on on ay, ecember 14 at 6:45 p.m. 3. PLYMOUTH FORUM -- Monday, December 14, 7:00 p.m. Plymouth Forum in the City Council conference room. 4. COUNCIL MEETING -- Monday, December 14, 7:30 p.m. Special City Council meeting in the City Council chambers. 5. HRA -- Thursday, December 17, 6:30 p.m. The Plymouth Housing and Te—development Authority will meet in the City Council Chambers. Agenda attached. (M-5) 6. DECEMBER & JANUARY CALENDARS -- Calendars for December and January are attached. -6 FOR YOUR INFORMATION.... 1. HENNEPIN COUNTY SOLID WASTE TRANSFER FACILITY - Hennepin County officials have reached a tentative agreement to purchase the Vantage site for their proposed solid waste transfer facility in Plymouth. The County's agreement with Vantage, which was reached through arms -length negotiations between the two parties, provides that the County will pay Vantage $1,900,000 for the property. In addition, Vantage will have an option to repurchase the site during the next five years if the County does not proceed to construct its facility on the site. Vantage acquired the property about a year ago for a reported price of $1,770,000. The County Board split on a 3 -to -3 vote to approve the purchase Thursday. It is expected that the Board will consider the matter again soon. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL December 10, Page two INFORMATIONAL MEMORANDUM 1987 2. PROPOSED DEVELOPMENT OF ST. MARY'S NEIGHBORHOOD PARK - LIST OF CONSULTANT - The CityCouncil's Consultant Selection Policy lists five firms which the Council has heretofore approved as potential consultants for specific park projects. These consultinq firms are as follows: Barton Ashman, BRW, Brauer & Associates, Westwood Planning & Engineering, and Damon Farber. Following the Council meeting Monday, Eric Blank contacted the cities of Burnsville, Lakeville, Eden Prairie, Maple Grove and Eagan to determine who they use for the planning of neighborhood parks. Each of these cities currently use at least one of the consulting firms listed on our approved list of consultants. He did, however, receive a good recommendation for the firm of Wierman Consultants Associated, Inc. from the City of Eagan. Unless otherwise directed by the Council, I will instruct Eric to send out requests for proposals from the five firms currently listed in the Council's policy, as well as the firm of Wierman Consultants Associated, Inc. for the proposed St. Mary's neighborhood park. 3. EXAMPLES OF SAVINGS AND IMPROVEMENTS RESULTING FROM COMPUTER CONVERSION -- At the December 7 dinner meeting, ouncilmember isk requested a report on areas where savings and improvements can be expected as a result of the computer conversion. A copy of Dale Hahn's report is attached. The report identifies the areas of recreation, central equipment and utility billing as prime areas where cost savings and improvements will be realized. (I-3) 4. ASSOCIATION OF METROPOLITAN MUNICIPALITIES LEGISLATIVE MEETING - Thursday evening, December 3, Mayor Schneider and I attende the AMM's Legislative Meeting. A variety of legislative policies of interest to AMM communities were reviewed and adopted at this meeting. These policies dealt primarily wit although Council would be interested to note ti requesting a study on how to develop a geese cor program. One particular policy of interest to f seeking legislation which would specifically ai establish a "road access charge." Eagan has adol on this topic and, Lakeville last session had leg seeking to have it specifically authorized. provide a means of providing funds to acquire assist in the construction of major streets. Ir has established a new legislative coordinating committee will oversee the monitoring of legislatiave policies as well as to keep tabs legislators are supporting matters of interest this regard, each city is being asked to assi contact person whose job it will be to assist contacting and meeting with our legislators on ma i fiscal matters, at one deals with trol and financing lymouth deals with thorize cities to ted a local policy .slation introduced The charge would rights-of-way and addition, the AMM committee. This the Association's on how our local o us. To help in in one legislative the AMM staff in Iters of interest. CITY COUNCIL INFORMATIONAL MEMORANDUM December 10, 1987 Page three 5. NEW CITY ENGINEER -- Chester (Chet) Harrison has accepted the position of City Engineer. He will begin his duties on January 11, 1988, after ending his current employment with a consulting engineering firm in Madison, Wisconsin. Previous to his employment with the consulting firm, Chet was City Engineer for the City of St. Louis Park from 1978 to 1984, and before that, City Engineer for Shakopee. His experience in St. Louis Park and that with the consulting engineering firm, provides him with a solid background in public works, city engineering and the important aspects of administration and supervision. 6. NEW BRIDGE AT HIGHWAY 55 AND I-494 - The Minnesota Department of Transportation will be letting a contract late in January for the replacement of the existing Highway 55 bridge over I-494. This project is expected to begin in late March or early April and take two construction seasons to complete. MnDOT plans to construct the outside portions of the new bridge, while the present four lanes of traffic will continue to use the "old" bridges. The "old" bridges will be removed and a new one integrated into the first phase constructed. When the construction is completed, the totally new bridge will have four -lane traffic capacity in each direction, including two lanes for left hand turning movements to I-494. 7. STATUS REPORT - 1987 EMPLOYEE SUGGESTION SYSTEM -- Attached is a memorandum from Laurie Brandt showing the status of the 1987 Employee Suggestion Program. In 1987 seven suggestions were rendered, while in 1986 there were six. Of the seven suggestions made in 1987, six were approved; this compares with two suggestions approved in 1986. I will be asking city employees at the December 29 Employee Chat session what enhancements they believe would make the suggestion program more effective for 1988. I have also received material from Councilmember Sisk about the "STEP" program, "Strive Toward Excellence in Performance." Helen LaFave attended the conference on this topic and we will be investigating this program as well for 1988. (I-7) 8. CABLE T.V. -- Cable Television Northwest reports that as of November 30, 1987, they pass 16,787 homes with cable in Plymouth. Of that number, there are 7,091 subscribers for a penetration rate of 42%. 9. MINUTES: a. Planning Commission, November 24, 1987 (I -9a) b. Recycling Task Force, December 1, 1987 (I -9b) CITY COUNCIL INFORMATIONAL MEMORANDUM December 10, 1987 Page four 10. RECYCLING STATUS REPORT -- The Recycling Status Report for the month of November is attached. (I-10) 11. DEPARTMENT ACTIVITY REPORT -- The Fire Department monthly activity report for November is attached. (I-11) 12. RESPONSES TO AREA 8 TOWN MEETING FEEDBACK FORMS -- Staff responses to Resident reedback forms from the November 9 Town Meeting are attached. (I-12) 13. ARTICLE ON CURBING NEW CONSTRUCTION -- The attached article from the November 27 issue of Wall Street Journal focuses on measures being adopted by some California cities to restrict new development growth. (I-13) 14. LARRY BEGIN SALVAGE YARD - STATUS REPORT -- The attached memorandum is the December 1 status report on t e Larry Begin salvage yard. Frank Boyles reports that a December 3 inspection by community service officers found that Mr. Begin again failed to accomplish the work agreed to in the July 27, 1987 agreement with the City. Because of this, Frank has asked Tom Saba to obtain quotes from salvage yards to complete the remaining clean up work. Tom is presently in the process of obtaining the quotations. In addition, Mr. Begin is being advised by letter of the City's action. A copy of this letter is attached. (I-14) 15. MEETING WITH EDEN PRAIRIE CHAMBER OF COMMERCE ECONOMIC GROWTH COUNCIL -- On December 4, Mayor Schneider, Blair Tremere, and lye mouth Development Council Chair Bob Burger, attended a meeting of the Eden Prairie Chamber of Commerce Economic Growth Council. The Eden Prairie group desires to establish a Development forum similar to the Plymouth Development Council. Blair's notes on the meeting is attached, together with a letter of appreciation to the Mayor from Charlotte Johnson, Edina Realty. (I-15) 16. BOND NEWSLETTER -- The Ehlers & Associates newsletter for December is attached.--TI-16) 17. CORRESPONDENCE: a. Letter from Al Heitkamp, 2116 N. Highway 101, to Mayor Schneider and Council, with regard to concerns with park trail on west side of Kreatz Lake. Eric Blank's letter responding to Mr. Heitkamp is also attached. (I -17a) b. Memorandum from Milt Dale on the status of the House Doctor Program in Plymouth. (I -17b) James G. Willis City Manager A G E N D A PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY REGULAR MEETING December 17, 1987 6:30 P.M. I. Roll Call II. Approval of Minutes for November 19, 1987 III. Elderly Housing Site, Council Action of December 7, 1987 IV. Contract with Fee Accountant for Section 8 Program V. Other Business VI. Adjournment 7:00 P.M. I cn I u W cz cz Q�Q O O N w x H U U a 00 CldU o b V-4 W E ; r -q H N N .� Uoz M oz <4 M H 04 CC 0 -� N zoa N c� V y%1C QC70 aHo a�U V z w oa cu �a o u1 N r DO w U aoz Q M a O O 00 W ON LL.... GD �-.N N = N d Z ///_Wy�� G.. �cWi. /-�0. ::D Z .� :D N N >4r7 �H M M O M N ^ N U W H O z U C7fx � U z wiu ��rNM Z Zy O H ZC7C�0 OW E- 0 OU o� E- 0 U A H U U h N N 00 C7, LL ry W ~ � O N y � • / n ^ N N N Cf) O N ry O z �NO� M czCIO W U `zN H o o Q� N N w xH� H U CY. I w M '1 U !v}+• �+ vM U N NJ � w�a U (D z c. O a r� U rocz U) w 71 a ' M �u�I0 �. C2 N N U I 0 1-4 H O c-4aZU c� a z w � a� �+ z I cam' z c ' CD `'' :Do o o PQ r- U Ln E U) H W Z W F . H w U Z U 'v ��� y -'°�N ow w �+ H aww o�N UO U ,mo H o�aoa O U O U —`� H O En N '� N 01`4 W ^' a0 N t� H I Iz H H t.'� �Or w jy N ago •��.� C7 `J O w U i. e N W IY. C7 fX4 En n _ co W�cn O M DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO December 9, 1987 James G. Willis, City Manager Dale E. Hahn, Finance Director EXAMPLES OF SAVINGS AND IMPROVEMENTS RESULTING FROM THE COMPUTER CONVERSION At the City Council/Finance Department dinner meeting, Councilmember Sisk requested a report on some of the potential savings and improvements expected from the computer conversion. The savings will be most predominant in the areas of recreation, central equipment, and utility billing. In recreation, they are manually preparing massive charts and schedules to accommodate timing for the various teams and fields. This process requires approximately 600 employee hours per year to accomplish. Under the proposed computer system, it is expected that the employee hours will be reduced to approximately 400. In central equipment, the gas usage for all of the vehicles is accumulated on the micro processor known as the gasboy. This information is then printed out, manually typed, and manually input to the computer through the CRT terminal. The conversion program will eliminate the manual typing and manual manual data entry. It is anticipated that the employee savings will be approximately 40 hours per year. The utility billing procedure will be improved with the data mailer that has been proposed. These data mailers will save employee hours presently required for folding, stuffing, and processing postage. The employee hours saved should be approximately 60 hours per year. In this case, the dollar savings will not be totally realized because the data mailers are somewhat more expensive than our present utility bills and envelopes. The turnaround time should be improved by several days. Realizing these are just a few of the prime examples of anticipated savings and improvements, it is hard to project what others will result from this conversion, but I believe the primary improvements will come in the areas of improved accuracy, timeliness, and more meaningful and useful information. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 10, 1987 TO: James G. Willis, City Manager FROM: Laurie Brandt, Clerk SUBJECT 1987 EMPLOYEE SUGGESTION PROGRAM There were seven suggestions received from employees during 1987, six of which were adopted. The suggestions were: 1. That City sponsor a recognition dinner for Board/Commission members annually in February. The Council should determine a date for this year's dinner. Award: $25.00 2. That City announce the hiring of new employees in Plymouth on Parade. If employee is department head level, printed announcement should be sent to concerned companies, agencies, homeowners associations, and the newspapers. Award: $25.00 3. That departments have first opportunity to purchase property being held for police auction. Departments must have already received approval to purchase this equipment and it must be needed for City program. Award: $25.00 4. That signs be placed in lobby area explaining services being provided at various counters. This was rejected as it was determined when building was designed that the lobby be kept clear of signs and that customers be guided to appropriate counter by receptionists to insure the right employee is called out to assist. 5. That supplies be moved from the copying room to the cashier's office to insure they're being charged to proper department and that they be reordered when supply is low. This is being undertaken with the remodeling. Award: $25.00 EMPLOYEE SUGGESTION PROGRAM December 31, 1987 • Page Two 6. That new employees be given a tour of the City with important to know places pointed out. It was decided that a list of "important" sites be distributed to department heads with the suggestion that they determine which of their employees should be given tour, with any additions/deletions they believe necessary to the list. Award: $25.00 7. That employees have a place to recycle paper clips and rubber bands taking up too much room in their desks. Boxes were set up in the supply room for employees. Award: $25.00 The $25 awards are reserved for suggestions which, while they may improve morale or operations, do not result in a dollar savings to the City. The award is intended to provide reinforcement so the employee will become more involved in the program in the future. Employees are reminded about the program from time to time through the employee newsletter. The program could use additional publicity through the City Manager's regular talks to employees. - ! 0\-a . CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 24, 1987 The Special Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Wire (Arrived 7:40 P.M.), Stulberg, Zylla, Plufka, Marofsky and Pauba MEMBERS ABSENT: None STAFF PRESENT: Community Development Coordinator Ray Anderson Director of Public Works Fred Moore Director of Community Development Blair Tremere Planning Secretary Grace Wineman *MINUTES MOTION by Commissioner Pauba seconded by Commissioner Stulberg to approve the Minutes of November 10, 1987 as submitted. VOTE. 5 Ayes. Commissioner Marofsky abstained. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the request by Christ Memor- CHRIST MEMORIAL ial Lutheran Church. Reading of the November 13, 1987 staff LUTHERAN CHURCH report was waived. CONDITIONAL USE PERMIT (87117) Chairman Steigerwald introduced Mr. Charles Janski, representing the church. Mr. Oanski had no questions or comments Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Conditional Use Permit for a nursery school program to supplement the church day care program, adding Condition No. 8. to read: Hours of operation shall be Monday through Friday, 9:00 A.M. to 5:00 P.M. Commissioner Marofsky noted the petitioner had asked for hours on Monday, Wednesday, and Friday, from 9:00 A.M. to Noon, the condition as added will give some flexibility if additional hours are needed. Roll Call Vote. 6 Ayes. Commissioner Wire abstained. VOTE - MOTION CARRIED MOTION carried. -262- Paqe 263 Planning Commission Minutes November 24, 1987 Chairman Steigerwald introduced the request by Gaughan Land AL HAM:=L, GAUGHAN Company and reading of the November 13, 1987 staff report LAND COMPANY, INC. was waived. REZONING, PRELIMINARY PLAT, CONDITIONAL USC Chairman Steigerwald introduced Mr. Al Hamel, Gaughan Land PERMIT AND SITE PLAN Company, and asked if there were questions or comments on (87087) the staff report. Mr. Hamel stated they had enjoyed a good relationship with City staff during the review of plans; however, there were concerns relative to the Engineer's Memorandum. Mr. Hamel explained the curb cut alignment which causes difficulty on the site; and, it is their belief that making the recommended drive alignment changes will cause awkward vehicle movement. Chairman Steigerwald asked for further explanation of these concerns. Mr. Hamel stated that executing a right turn from the "hill" could be a problem and he does not believe the drives would create a hardship or problem if they were on to Xenium Lane. Public Works Director Fred Moore explained that Xenium Lane is classified as a Major Collector on the City's Thoroughfare Guide Plan, it is not a local residential street, it will be well traveled and will access Northwest Boulevard. The drives as proposed could generate a conflict. The recommendation was made that the drives be aligned with 36th and 37th Avenue North. The public streets were planned for this area prior to this development; they contemplate the traffic that will be generated. Commissioner Plufka acknowledged that Xenium Lane will be heavily traveled; however, in looking at the bulk of construction on that roadway, he wonders how much more can be "poured on" that street. Director Moore reviewed the future roadway improvements in this area; the outlet to the gravel roadway and the right -in only to 'County Road 9; and, that as other properties develop, Xenium Lane will continue to Northwest Boulevard. Commissioner Marofsky inquired about the highway property. Director Moore explained that the property is part of the Interstate, and cannot be vacated until Xenium Lane is closed; at that time, the parcel could be purchased. Paqe 264 Planning Commission Minutes November 24, 1987 Mr. Hamel stated that moving the northerly drive would be easier to accomplish than the realignment of the southerly drive. Director Moore further explained the elevations per Sheet 3 of the submitted plans. Commissioner Stulberq inquired if these concerns had been discussed at the Development Review Committee meetings? Coordinator Anderson stated they had discussed the offset of the drives. He explained the development plan for three distinct areas. Platting the area as one development, with a single drive access could be an option. The development would then be served with internal streets and one access, which would resolve the problem of the offset drives and would tie the development together. He also discussed the densities, noting that each proposed site cannot stand alone. He gave the example of, and the density calculations for the apartment site. He noted the open space required for the site. The apparent unified site is actually three sites when the proposed plat is considered. Coordinator Anderson suggested an addition to the staff recommendation regarding the Site Improvements Performance Agreement (SIPA) financial guarantee; that, each subsequent phase (coach homes, townhomes, and apartment site) will be subject to review and approval when proposed. Chairman Steigerwald inquired about the reason for this addition? Coordinator Anderson stated that the SIPA would not cover the entire parcel at this time; the Agreements would be prepared for each site; and, the Site Plan approval would be in effect for one year only. Commissioner Stulberg inquired if the two roads were to align with the curb cuts, is there room, under Ordinance standards, to put in the curve to get back to the buildings? Coordinator Anderson stated there is 20 ft. between the building and drive aisles, and 20 ft. between the drive and the street. Commissioner Stulberq stated he is uncomfortable with taking action on these applications, since it looks as though the Commission does not have all the facts to make the appropriate recommendation. He is especially concerned about completion of site improvements on each site. Page 265 Planning Commission Minutes November 24, 1987 Director Tremere stated the petitioner is requesting a preliminary plat for three legal parcels; arid, if it were looked at as one site, perhaps there would be no need for three curb cuts. He further explained the densities and phasing of development. Commissioner Stulberg inquired if the request is approved as submitted, would there be a requirement for a Site Improvements Performance Agreement for the total site? Director Tremere explained that the petitioner may request permits for each site. Mr. Hamel confirmed that would be the case. Commissioner Marofsky stated that if the petitioner is looking at the site as three separate developments, they could sell off parts of the site. He inquired whether the unit numbers, when computed for 15.5 acres, include the existing home? Coordinator Anderson stated this was not included on the Site Plan and is not part of the calculations. Commissioner Marofsky stated concern regarding the 64 ft. to the south property line which appears to have no purpose. Coordinator Anderson stated the petitioner and property owner had given no explanation for this area. Chairman Steigerwald inquired about the petitioner's intentions with regard to phasing. Mr. Al Hamel stated they intend to begin the townhome construction; the coach home construction to begin in the Spring. The apartment building will depend upon the extension of Xenium Lane to the north, and until then, that lot will be platted as an outlot and will be replatted at the time of development. Without the street extension, the building may not be constructed for some time. Chairman Steigerwald inquired about the Site Improvements Performance Agreement, would there be separate Agreements for the coach homes and the condominiums? Mr. Hamel answered affirmatively, it would not make sense to require this agreement on an undeveloped outlot. Commissioner Plufka inquired if the apartment building would be under one ownership and noted concern regarding the open space for the tenants of the rental units and the condominium owners. The use of open space may be adequate for the townhomes; but, is not adequate for the coach homes or apartment units. Paqe 266 Planning Commission Minutes November 24, 1987 Chairman Steigerwald opened the Public Hearinq, as there was no one present to speak on this itme, the Public Hearing was closed. Commissioner Plufka inquired about sufficient space with re- alignment of the northerly drive to 37th/38th Avenue. Director Moore answered affirmatively; there would be approximately 180 ft. from centerline to centerline. MOTION by Chairman Steigerwald, seconded by Commissioner Marofsky to defer, allowing for further review of the appli- cation to resolve the concerns expressed by the petitioner and the Commission. Roll Call Vote. 7 Ayes. MOTION carried. Director Tremere recommended that the Commission consider various aspects of the application now, so that staff and the petitioner have direction. Coordinator Anderson stated that the Homeowner Association documents could reflect the common open space to be used by all residents to ensure everyone's access and use of the open space. Chairman Steigerwald stated that those who pay the Associa- tion dues may be unhappy with that. Commissioner Plufka stated there could be a question of liability. Commissioner Wire inquired whether there had been thought given for PUD status for this development? Director Tremere stated the site does not meet the size requirement for a Planned Unit Development. The applicant did not seek a waiver. Commissioner Plufka stated that the PUD criteria for open space would require major redesign. Further discussion ensued regarding achievable density. Commissioner Marofsky reiterated his concern regarding the 64 ft. which is not utilized and which should be tied in to the development. He is concerned with the questionable parking shown in front of the existing garages; the plans show 93 parking spaces which would block the garages; and, which would not be suitable for guest parking. He asked for an explanation on the portion of the property marked "not acquired"; how would this tie into the development plan? He also questioned that occupants in four of the units would have to walk to their garages. MOTION TO DEFER VOTE - MOTION CARRIEn Page 257 Planninq Commission Minutes 14ovember 24, 1987 Mr.. Al Hamel explained the price differential of those units where the garage space would not be as convenient. He explained that the property owner, Mrs. Fullmer, is retaining the property to the south for her existing home. Commissioner Marofskv also stated concern with the lighting for the site, which does not seem to be adequate and should receive further study. Commissioner Wire did not support the densities submitted, based upon three separate sites. Chairman Steiqerwald summarized the Commission concerns: Drive alignment; parking design and access; alleviate the confusing factors that surround the common open space for the individual property owners and apartment dwellers; the coach homes detached garages; an explanation of how the Fullmer property ties into the site planning; and, calculation of density for each proposed parcel. Chairman Steigerwald expressed his disappointment in receiving the application for Planning Commission consideration with these items unresolved. Director Tremere explained this was the result of the proposed plat, and he inquired, if the internal property lines were not visible; and, if it were a singular site plan and platted as one lot, would these concerns be diminished? Chairman Steigerwald responded negatively. Discussion ensued regarding homeowner associations and maintenance and use of common areas. Commissioner Plufka stated that even a unified development with one Homeowners Association can be problematical if the common areas are not well defined and appropriately located. Common sense and practical experience has shown that common open space should be reasonably distributed; and, this is especially true for the north end of this property. Chairman Steigerwald stated that if there were one overall Association, he would be more comfortable with the internal street circulation whereby the development areas are tied together so that prospective buyers could see this up front. Commissioner Plufka concurred and noted there needs to be better distribution so that the resident can look around them and know it is for their use. Page 269 Planning Commission Minutes November 24, 1997 Mr. Al Hamel stated the development is not intended to have a combined Association and they may need to delete the apartment building. He noted that "a tiered system" of one development will not work. He stated he plans to meet the City's requirements. He stated he can try to accommodate the concerns expressed, but his main concern is the sale of the condominiums and townhomes with a need for simplicity for the buyer. Mr. Hamel noted the apartment site could be converted to townhomes; but, his main concern is to have a plan that works well for the area to be developed. Commissioner Pauba stated he also sees the importance of the buyer coming onto the site and seeing the overall development plan. Chairman Steigerwald stated he is most uncomfortable with the density points for this area where the owners would need to give up property rights for the apartment dwellers, and this should not work this way. Mr. Al Hamel stated he wants the site to work well and would have had to go back to make the drives work. He will meet with staff to resolve the concerns. He is concerned that this be done in an expedient manner so to be ready for spring construction. Director Tremere stated that working through these concerns will bring about an improved plan; and, this can be accomplished in a timely manner. NEW BUSINESS Chairman Steigerwald introduced the request by dames. M. Kaufman, MTI Distributing Company. There was no one present to represent the petition. MOTION by Commissioner Marofsky, seconded by Commissioner Pauba, to recommend approval of the Site Plan and Variance for MTI Distributing Company for a building addition, deleting Condition No. 8. Commissioner Marofsky stated that the setback variance should be granted for the east side of the building addition as well as for the north and west sides of the building addition. The Commission discussed the setbacks and green space. Vote. 7 Ayes. MOTION carried. JAMES M. KAUFMAN MTI DISTRIBUTING CO. SITE PLAN AND VARIANCE (87113) MOTION TO APPROVE VOTE - MOTION CARRIED Page 269 Planning Commission Minutes November 24, 1987 OTHER BUSINESS The Commission discussed meeting dates for a study session with the consultant for the Community-based Residential Facilities. It was decided to meet at 7:00 P.M. on Tuesday, December 8, 1987. Some items to be discussed include language and terminology. ADJOURNMENT The meeting adjourned at 8:40 P.M. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 4, 1987 TO: File m FROM: Richard J. Pouliot, Project Coordinator SUBJECT: RECYCLING TASK FORCE MEETING The attached list of members of the Recycling Task Force met in the City Council Conference room on December 1, 1987 at 7:00 p.m. The following items were discussed: 1. Dick Pouliot reviewed the status since the last Task Force meeting and gave an update of City Council actions since that time. 2. Helen LaFave reviewed the proposed Recycling brochure which was approved by all members present with minor changes. 3. Helen reviewed the City Council direction to the staff pertaining to the use of school students versus a graphic design studio for designing advertisements to be used for the Recycling program. She reviewed the contest and explained that the student with the winning design would win $100. 4. Dick Pouliot reviewed the proposal to collect high density plastics on a drop-off basis only. The Task Force recommended that we hold off on advertising this portiop of the program until after the commencement of the new once per week program, beginning February 1. Advertising for this drop-off program would then be advertised in "Plymouth on Parade" or separate flyer, etc. RJP:kh attachment cc: Helen LaFave, Communications Coordinator Fred Moore, Director of Public Works Frank Boyles, Assistant City Manager Members present DATE: e TIME: PLACE: Cc s -/c( c - NAME ORGANIZATION PRECONSTRUCTION MEETING PROJECT NO. STREET ADDRESS CITY 7TP CAM pwnmp PLEASE FILL IN ALL SIX COLUMNS CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 10, 1987 for City Council Meeting of December 14, 1987 TO: James G. Willis, City Manager thru Fred G. Moore, Director of Public Works FROM: Richard J. Pouliot, Project Coordinator SUBJECT: RECYCLING STATUS REPORT Recycling collections for the month of November reached an all time high of 114.4 tons collected. I have attached a graph which shows the tons collected each month since the program began. An analysis of the graph seems to tell us the following: o The publicity and promotion surrounding the beginning of the program in April, 1986 convinced the city's residents to participate in the amount of between 70 and 80 tons for the first four months through July, 1986. The promotion and publicity mainly consisted of passing out the recycling bags and the brochures, telling the residents how and what to recycle. o Participation started dropping off in August and continued to a low of 35 tons per month in November and 40 tons in March, 1987. The only promotion during this period of time consisted of articles in Plymouth on Parade and an occasional newspaper article. The decline during the winter months resulted even though the winter was an extremely mild winter. o Participation in April, 1987 rose drastically which was the time when we changed the program to twice per month collections and mailed out new recycling brochures to all residents of Plymouth. Participation continued through July at a rate higher than in 1986 which was probably due to the twice per month collections. o In July, 1987 the Public Hearing was held by the City on Mandatory Recycling and/or organized garbage collection. This Public Hearing, along with the newspaper articles publicizing the Hearing, etc. created an increased awareness of the City's recycling program and in all probability prevented the drop in monthly volumes collected that occurred during 1986. Instead, participation increased in August and has increased each month since that time to its present November figure of 114 tons per month. Hopefully this trend will continue through January and then show a drastic increase in the month of February and beyond resulting from the implementation of weekly collections and the increased promotion and publicity resulting from the recycling containers and the cash drawing etc. 1T, The 15,000 recycling containers have been ordered and delivery is expected to be on schedule. Initial contact has been made with several of the larger commercial and industrial firms in the City regarding recycling. Confirmation has been received that recycling is taking place, especially of baled cardboard and preliminary indications are that they will voluntarily give us reports reflecting the tons collected for the year. Indications are that as much as 3,000 tons may be identified for 1987 from these commercial and industrial firms. The City's 6% goal for 1987 amounts to 2,835 tons. Richard J. Pouliot RJP:sm Attachments: Petition f7i ,t !7A ............. .. . ......... .............. .. t. L -J .......... 0 F---1 C-3 0 Cl CD CA rA S-4"Ic' L Ci r-.3 171 Er) M UJ U- I PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY MONTHLY JANUARY - NOVEMBER 1987 PRIVATE DWELLINGS (APARTMENTS 0001 0400 1 12 1 19 0401 1 0800 1 9 1 18 nRnl 1 1200 1 19 _L 1 28 1201 1600 26__I_26 1 41 1`1 2000 1 1 55 1 2001 2400 15 42 NUMBER OF CONFIRMED FALSE PERMITS ESTIMATED 1 CALLS ALARMS 1 TOTAL 1 ISSUED_1 _ LOSS J 1 56 1 51 1 107 3_ l 1 $252,9001 1 26 1 177 J 203 _ 3 _ 6 3 _ 10,2001 LOTELS AND MOTELS 1 4 1 3 1 5 1 2 1 6 1 2 1 6 1 16 1 22 3 =_ _1_130,000 TALL OTHER RESIDENTIAL 1 1 1 1 1 1 1 4 1 0 1 1 -- I 1PUBLIC ASSEMBLY i 1 1 1 3 1 1 1 3 1 4 1 4 1 8 1 _ _�_ 100] 1SCHOOLS AND COLLEGES 1 2 1 1 1 3 1 1 1 5 1 4 1 3 1 13 1 16__J_ __ 3 400 1HEALTH CARE INSTITUTIONS 1 2 1 9 1 8 1 11 1_ 12 1 5 1 _5 1 42 1 47 1 11 1 251 (PENAL INSTITUTIONS 1 1 1 1 2 1 1 1 2 1 1 �_ 3 3 4 1 7 1 -- 1 __1201 STORES AND OFFICES (INDUSTRY, MFG, 1 1 1 8 1 2 1 11 1 7 1 14 1 12_ 1 21 1 7 1 1 16 1 4__. 9 1._ 8 1 19 _ 1 25_ 60 _1 _33 1 1 79 1 _ L3 _ 82,6001 STORAGE IN STRUCTURES 1 1 1 i 1 1 1 1_ �_ 1 2 1 3 1 -- 1 1001 1SPECIAL STRUCTURES 1 3 1 1 1 1 1 1 1 1 1 5 1_ 1 1 6 1 __ 3 1,1001 (FIRES OUTSIDE OF STRUCTURES 1 1 1 1 31�L 4 3 -/- -/FALSE 1 1 0 J_ 1 1 ___5001 1FIRES IN HIGHWAY VEHICLES IFIRES IN OTHER VEHICLES 1 4 I 1 12 I 1 13 7 I I 1 17 I I 8 49 1 0 12 1 0 __361 �_ 1 69,9251 1 0 ]FIRES IN BRUSH, GRASS 1 7 1 1 1 8 1 32 1 34 1 22 1 84 1 20 1 104—L— - -_.I___.__-2001 1FIRES IN RUBBISH, DUMPSTERS 1 1 2 1 1 1 2 1 2 1 3 1 9 1 1 1 10 1 -- 1 2,5001 TALL OTHER FIRES 1 2 1 1 1 1 2 1 1 4 1 0 1 4 1 -- I ll2001 1MEDICAL AID RESPONSES 1 1 1 1 2 1 6 1 3 1 1 1 12 1 1 1 13 (MALICIOUS FALSE ALARMS* i 1 1 1 1 1_ 1 _1_ 1 _ 1 1—_2 1 3 (MUTUAL AID OR ASSISTANCE I 1 1 I 2 1 3 1 3 1 1 1 10 ( 0 I 10 TALL OTHER RESPONSES I 2 1 2 1 10 1 13 i 12 1 8 1 35 1 12 i 47 1 -- i 1001 TOTALS 1 70 1 72 1 125 1 182 1 205 ( 131 ( 341 1 444 1 785_1_ 27 $551,9701 *INCLUDED IN FALSE ALARM TOTALS JANUARY - NOVEMBER 1986 i 98'1 CONFIRMED CALLS 928 4, Z s 41 4 3 -/- -/FALSE FALSE ALARMS 355 Go 44 S 7 1 TOTAL CALLS 593 i F. 7 E = ESTIMATED LOSS $624,610 SS / R '7c, PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT MONTH NOVEMBER 1987 TYPE OF REPORTED INCIDENTS BY TIME OF DAY (PRIVATE DWELLINGS 0001 1 0400 3 0401 0801 1 0800 11200 I 1 2 NUMBER OF I 1201 1601 2001 CONFIRMED FALSE PERMITS ESTIMATED( 1 1600 12000 1 2400 1 CALLS I ALARMS I TOTAL -1 ISSUED _1 LOSS w� l 2 3 5� I 5 I_ 11 I I _._$9,0001 (APARTMENTS 1 2 1 1 I 2 1 3 I 5 I 2 1 3 1 12 15 IHOTELS AND MOTELS 1 1 1 1 I t 1 I I 1 I I I I ( I I I _�1 I ���- 0 I I TALL OTHER RESIDENTIAL I I I I I I I 0 I �0 ----L-O A I PUBLIC ASSEMBLY I I I 1 1 �_ 1 I 0 I 1 I 1 (SCHOOLS AND COLLEGES (HEALTH CARE INSTITUTIONS I I I I ( I 1 I 1 1 f _ 1 �0 1 i 1 I 4 I 1 1 I 2 I 5 1 2 6 I 3 IPENAL INSTITUTIONS I I I I I I I 0 1. 0 19 1 10 I 1STORES AND OFFICES I INDUSTRY, MFG. i 1L_? 1 1?_1.___.__...L_? _..__1_ _2��_ 1 I 2 I ...-2.__.1.----3��_l__1___---_.-_- 4 I I 6 1 I 10,5001 ISTORAGE IN STRUCTURES ) I I I I I I_�_ 0.-_J. 0 I 0 ISPECIAL STRUCTURES I I 1 l 1 I_ I 0 I_ 0 1 0 IFIRES OUTSIDE OF STRUCTURES 1 I (FIRES IN HIGHWAY VEHICLES 1 _1 IFIRES IN OTHER VEHICLES I I I 1 1110 2 1 2 I I 1 _�_V _ 3�_ _� I I_-__._0_ _L_ 3 _-_4-.L-__7.__I___--�I__ 1 0 0 1_=_- I __-1 ____ 8001 0 I 0 I -- I - -__J IFIRES IN BRUSH, GRASS h� I I I 2 1 2 1 1 1 3 I 4 I -- I - --I (FIRES IN RUBBISH, DUMPSTERS 1 ( IALL OTHER FIRES I l I IMEDICAL AID RESPONSES I I 1 I I 1 I I I I ( I I I _�1 I ���- 0 I I 0 0 0 1 0 1 -- 1 =-1 1 1 j 0_l__== ---J- ----- 1 IMALICIOUS FALSE ALARMS* I I I 1 i ( I 0 1 0 1 0 IMUTUAL AID OR ASSISTANCE I I I I I I 1 0 1 0 1 0 IALL OTHER RESPONSES -1- 1 l i l I I l I i 3 1 U 1 3 TOTALS 1 7 I 7 1 12 1 7 1 19 1 10 I 21 1 41 1 62 1_ $ L_$ 21, 300 _I *INCLUDED IN FALSE ALARMS TOTALS NOVEMBER 1986 CONFIRMED CALLS 27 FALSE ALARMS 41 TOTAL CALLS 68 ESTIMATED LOSS $331,550 A G E N D A PLYMOUTH TOWN KEETIKC AREA 8 November 9, 1987 7:00 p.m. I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ACTION YOU DESIRE THE CITY TO TAKE: q0PP7' ILI NAME OF CONCERNED RESIDENT:�rl C 'W-'l/L/- ADDRESS OF RESIDENT: 1 So��f $' 9"i -z h AX ,%- PHONE NUMBER: S' %— %SL 7j-2,94 — Y%KS PLY f��I OUT, December 7, 1987 Mr. Gregg C. Miller 15248 40th Avenue North Plymouth, MN 55446 Dear Mr. Miller: I have received your Resident Feed -back form that you submitted at the Plymouth Town Meeting on November 9, 1987. You had indicated to me prior to that meeting you would raise the issue about landscaping standards. The City has a Landscape Policy which addresses minimum tree sizes and the quantity for various developments. The Zoning Ordinance also requires a finan- cial guarantee and a performance agreement from the developer to assure that landscaping, once installed, survives at least one winter season. I recall your comment that correct planting procedures should be assured and that the City ought to provide inspectors who would observe the planting of required landscaping. The City's approach to development is a performance oriented system where, in the case of landscaping, if it is shown the plantings survive a winter season, the landscaping is found to be properly installed. I welcome any specific standards or references you might have regarding the State guidelines you refer- ence; we could convey this information to developers at the time plans are approved. I am not aware of specific State requirements for planting and the City has depended on the expertise of professional landscape firms hired by developers. Your observation that the City should strengthen City Codes in general needs further clarification. I realize you and some of your neighbors have had concerns about the Building Code; the City enforces the Uniform Building Code as adopted by the State of Minnesota. This is a mandatory Code and the City's ability to amend it or adopt other requirements within the minimum standards in the State Code is very limited. Existing codes are amended and new codes are adopted usually in response to observed problems which have community -wide impact. I will consider specific recommendations you might have relative to other codes which the City has adopted and for which the City is primarily responsible. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Page two Mr. Gregg Miller December 7, 1967 I appreciate the efforts you have made on behalf of your Homeowner Association and I have been in touch with Mr. Eisenbauer. I understand that most of the concerns about the Building Code deficiencies have been addressed. Building Official doe Ryan has contacted you or will soon be contacting you about the need to get access to a few more units where the owners apparently have not been available, so their dwellings can be inspected. Thank you for your observations. Meeting. Sincerely Blair Tremere, Director Community Development Thank you for attending the Plymouth Town BT/gw cc: File Assistant City Manager Frank Boyles A G E N D A PLYMOUTH TORN MEETINZ AREA 8 November 9, 1987 7:00 p.m. I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like _. the -City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. o4 NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED �! E, �Ilak11 sus - a�✓�� ©�r f�irYP ���� ��/ �S ACTION yYOU DESIRE THE CITY TO TAKE: 7 - CV C / ` �= NAME Of CONCERNED RESIDENT: ADDRESS OF RESIDENT: a/ PHONE h d7L PHONE NUMBER:cic)/7 d e l Vv �"4 V\- /lbw 2 December 7, 1987 Mr. Bud Morin 3929 Orchid Lane Plymouth, MN 55446 Dear Mr. Morin: I have your Resident Feed -back Form you submitted at the Plymouth Town Meeting on November 9, 1987. I have discussed with your Homeowner Association President the matter of decks on cer- tain units in the Creekside Townhouse Development. The problem today is that the developer did not pursue the City Council approval of the Conditional Use Permit amendment he sought in 1985. I have enclosed a copy of the City Council Resolution No. 85-289; and, draw your attention to Condition No. 1. The action required under Condition No. 1 needs to to be initiated and it could be done by a responsible party other than the original developer, with the concurrence of all property owners. We also thought the original developer had completed this and, on that basis, earlier this year, one permit was inadvertently issued. I have recommended to your Homeowner Association President, Mr. Miller, that he bring this matter before your Association and that the Association consider implementing the approval received by Dean R. Johnson Construction Company. You also inquired about plans for the property south of County Road 9 and east of Creekside Townhouses. The City's Comprehensive Plan shows that area to be in a Land Use Guide Plan classification called Living Area -2 (LA -2) which is a residential zoning district having a lower density (dwelling units per acre) than your project. We do not know the specific housing -type or site layout because no developer has submitted a plan application. The parcel is large enough to support a variety of housing -types if a Planned Unit Development were proposed. Creekside is part of a Planned Unit Development. The City Ordinance requires a public hearing in conjunction with the development approvals that will be required for this property. Property owners within 500 ft., including your Association, would get a notice of the hearing. Thank you for your inquiries. S n re , Blair e, Director Community Development BT/gw cc: File Assistant City Manager Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 `TMS CITY OF PUNOUTR I have your Resident Feed -back Form you submitted at the Plymouth Town Meeting on November 9, 1987. I have discussed with your Homeowner Association President the matter of decks on cer- tain units in the Creekside Townhouse Development. The problem today is that the developer did not pursue the City Council approval of the Conditional Use Permit amendment he sought in 1985. I have enclosed a copy of the City Council Resolution No. 85-289; and, draw your attention to Condition No. 1. The action required under Condition No. 1 needs to to be initiated and it could be done by a responsible party other than the original developer, with the concurrence of all property owners. We also thought the original developer had completed this and, on that basis, earlier this year, one permit was inadvertently issued. I have recommended to your Homeowner Association President, Mr. Miller, that he bring this matter before your Association and that the Association consider implementing the approval received by Dean R. Johnson Construction Company. You also inquired about plans for the property south of County Road 9 and east of Creekside Townhouses. The City's Comprehensive Plan shows that area to be in a Land Use Guide Plan classification called Living Area -2 (LA -2) which is a residential zoning district having a lower density (dwelling units per acre) than your project. We do not know the specific housing -type or site layout because no developer has submitted a plan application. The parcel is large enough to support a variety of housing -types if a Planned Unit Development were proposed. Creekside is part of a Planned Unit Development. The City Ordinance requires a public hearing in conjunction with the development approvals that will be required for this property. Property owners within 500 ft., including your Association, would get a notice of the hearing. Thank you for your inquiries. S n re , Blair e, Director Community Development BT/gw cc: File Assistant City Manager Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PL YOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the Cite of Plymouth, Minnesota, was held on the 6th day of M,jy _ 19a�. The following menibers were prescnt:Mayor DaYenQorL Ceuncilmembers Neils Schneider. Crain and Yasiliou the following me®ers were absent: none Councilmember Crain introduced the following Resolution and moved its adoption: RESOLUTION NO. 85- 289 APPROVAL OF A CONDITIONAL USE PERHIT AMENDMENT FOR DEAN R. JOHNSON CONSTRUCTION, INC. TO AMEND THE RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN FOR "CREEKSIDE OF PLYMOUTH" LOCATED SOUTH OF COUNTY ROAD 9 AND EAST OF PLYMOUTH CREEK (79019) (RPUO 82-2) WHEREAS, Dean R. Johnson Construction, Inc. has requested a Conditional Use Permit Amendment to amend the approved RPUD Plan for "Creekside of Plymouth" to include the construction of decks that would be located within the common open area for 84 dwel- ling units and a new building design, in RPUD 82-2 located south of County Road 9 and east of Plymouth Creek; and, WHEREAS, the Planning Commission nas reviewed said request at a duly called public hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOt_VED BY THE CITY COUNCIL OF THE CITY OF PLYHOUTH, MINNESOTA, that it should and h•2reby does approve the request for Dean R. Dohnson Construction, Iric. for a Conditional Use Permit Amendment to amend the RPUD plan to allow for the construction of decks that would be located within the common open area for 84 dwelling units and a new building design for property located south of County Road 9 and east of Plymouth Creek, subject to the follow!ng conditions: 1. That the final plats for Creekside of Plymouth 1st and 2nd Additions be revised to provide adequate lot area and dimensions to accomodate the construction of the decks; that only the deck addition will be within the replatted lot; and, the landscaping will be installed in the common area and maintained by the Home- ,__�wner's Assoclati3n. 2. That amended Homeowner Association documents allowing for the addition_o_rTM1L s be filed and recorded at Hennepin County with the revised final plats. 3. The construction of the decks shall not encroach Into any existing utility and drainage easements. 4. All other terms of development as identified in the Development Contracts for the -Creekside of Plymouth 15t and 2nd Additions are carried forward. The motion for adoption of the foregoing Resolution was duly seconded by t r ilio , and upon vote being taken thereon, the o' ow ng vot n avor t reo MlaYor DaYenport. Councilmembers Neils, Schneider, � t i 1 i Q� following n9 voted against or absta nod: none Mhcrcaipon the Resolution was declared duly passed and adopted. A G E N D A PLYMOUTH TOkN KEE T I N;; AREA 8 November 9, 1957 7:00 p.m. I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. 0 NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: t4,,,,j - ACTION YOU DESIRE THE CITY TO TAKE:1Q-�-f- � NAME OF CONCERNEQ-�-I�T ADDRESSQF RESIDENT: 115zlis- Orn - We PHONE NUMBER : may— l9G December 7, 1987 Ms. Linda Ohme 15615 46th Avenue North Plymouth, MN 55446 Dear Ms. Ohme: d CITY OF PLYMOUTR Thank you for your Resident Feed -back Form, submitted at the Plymouth Town Meeting on November 9, 1987. One of your inquiries is about development plans for the area west of Vicksburg Lane and north of County Road 9. The land west of Vicksburg Lane is classified residential by the City's Comprehensive Land Use Guide Plan. The land falls into various specific categories which allow for different densities which mean some areas may have more dwelling units per acre than others. It also means that when development eventually occurs, there may be a mixture of housing types. At this time, most of the land west of Vicksburg Lane and north of County Road 9 is in the Zoning District called FRD (future restricted development). This means that the land is for single family dwellings and/or agricultural uses because there are no municipal utilities available. There is one small development west of the Amhurst project at approximately 46th Avenue; that development was able to utilize a portion of the sewer that served the development to the east. Otherwise, the land in that area will not be subject to urban uses until after 1990. Utilities may be available to that area after that date. Under separate cover, I am sending you an informational booklet that describes the comprehensive planning for the City and should help you understand the plans for that area and the City generally. Please call me if you have any further questions. Thank you for your inquiry. S' e , Blair Tremere, Director Community Development BT/gw cc: File Assistant City Manager Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 A G E N D A PLYMOUTH TOVA4 FfEETING AREA 8 November 9, 1987 7:00 p.m. I. INTRODUCTIONS - Mayor Virgil Schneider II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads III. QUESTIONS FROM RESIDENTS IN ATTENDANCE IV. CLOSING COMMENTS - Mayor Virgil Schneider V. ADJOURN RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which you would like the City to investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: ;,n e �p ACTION YOU DESIRE THE CITY TO TAKE: aiyt ./ -tr In— NAME OF CONCERNED ADDRESS OF RESIDENT: PHONE NUMBER: December 7, 1987 Mr. doe Gustafson 3952 Orchid Lane Plymouth, MN 55446 Dear Mr. Gustafson: Thank you for your Resident Feed -back Form, submitted at the Plymouth Town Meeting on November 9, 1987. You inquire about permission for a directional arrow at the corner of Highway 55 and Northwest Boulevard, or a sign to direct customers to the entrance and road leading to McDonald's restaurant. The McDonald's restaurant is part of the Northwest Business Campus which is a unified development approved by the City for the Prudential Insurance Company. The signs for all businesses in that development and for the overall business park, the Northwest Business Campus, are regulated by the Plymouth Sign Ordinance and the approved Planned Unit Development Plan. I understand that McDonald's restaurant has erected the signage to which that business is entitled. The way to determine whether they are entitled to more signage, including directional signage, is to have McDonald's submit a plan to the Building Inspection Division with their proposal. They need to get permission from the Prudential Insur- ance Company for exterior signs, I recall, and therefore, they should call them first. The Ordinance does not allow general signs off the property in this area. One reason is that McDonald's restaurant is visible to potential potential patrons who use Highway 55, and, who should be able to find the entrance to the Northwest Business Campus which intersects with Highway 55 and which is controlled by signal lights. Another important reason that the Sign Ordinance would not provide for general signage off the site, in this case, is that McDonald's restaurant is intended for persons who work and who are conducting business in the Northwest Business Campus area, Even though the restaurant is visible from Highway 55, it was not proposed as a highway oriented restaurant. This was discussed with McDonald's officials and with representa- tives of the Prudential Insurance Company several years ago. Therefore, if persons are able to find and enter the Northwest Business Campus from Highway 55, or from the north, they should be able to find the McDonald's restaurant. As more businesses establish themselves in this area, people will become even more familiar with the development. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY O� PLYMOUTH+ Thank you for your Resident Feed -back Form, submitted at the Plymouth Town Meeting on November 9, 1987. You inquire about permission for a directional arrow at the corner of Highway 55 and Northwest Boulevard, or a sign to direct customers to the entrance and road leading to McDonald's restaurant. The McDonald's restaurant is part of the Northwest Business Campus which is a unified development approved by the City for the Prudential Insurance Company. The signs for all businesses in that development and for the overall business park, the Northwest Business Campus, are regulated by the Plymouth Sign Ordinance and the approved Planned Unit Development Plan. I understand that McDonald's restaurant has erected the signage to which that business is entitled. The way to determine whether they are entitled to more signage, including directional signage, is to have McDonald's submit a plan to the Building Inspection Division with their proposal. They need to get permission from the Prudential Insur- ance Company for exterior signs, I recall, and therefore, they should call them first. The Ordinance does not allow general signs off the property in this area. One reason is that McDonald's restaurant is visible to potential potential patrons who use Highway 55, and, who should be able to find the entrance to the Northwest Business Campus which intersects with Highway 55 and which is controlled by signal lights. Another important reason that the Sign Ordinance would not provide for general signage off the site, in this case, is that McDonald's restaurant is intended for persons who work and who are conducting business in the Northwest Business Campus area, Even though the restaurant is visible from Highway 55, it was not proposed as a highway oriented restaurant. This was discussed with McDonald's officials and with representa- tives of the Prudential Insurance Company several years ago. Therefore, if persons are able to find and enter the Northwest Business Campus from Highway 55, or from the north, they should be able to find the McDonald's restaurant. As more businesses establish themselves in this area, people will become even more familiar with the development. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Page two Mr. doe Gustafson December 7, 1987 You also asked about permission for a sign on the outside of the building. I again recommend that McDonald's submit a plan as to any specific sign they would propose. I understand that they have the maximum amount of signage allowed by the Ordinance. If they are entitled to more, we can provide them the necessary permits. The Ordinance governs exterior signs and thus, McDonald's may have been informed that an inside sign visible through the window would not require a permit. In conclusion, McDonald's restaurant should contact Prudential Insurance Company and then the Building Inspection Division at the City of Plymouth if they are proposing any additional signage for their building or site. We are prepared to help them get permits for any signs to which they are entitled. Thank you for your inquiry. Vr y, Trer���,D eC'bo Community Development BT/gw cc: File Assistant City Manager Frank Boyles WkLL STREET JOUR, AL 11/27/87 Curbing- Growth California Towns Vote To Restrict Expansion As Services Lag Behind Momentum of the Movement Recalls Proposition 13's; Left and Right Team Up Problems for Mayor Bradley By FUDERIcK Rose StgJrReporter oJTme WALL STREET JOURNAL. RANCHO PENASQUITOS, Calif. — As recently as the 1960s, the land here was overrun with grazing cattle. Now, it is cov- ered by middle-class housing developments with names like Woodcrest Glen, Mountain View and Vista Mar. But although more than 10,000 houses have been built here -2,100 in the past two years alone—community facilities haven't kept pace. The high school, which was built for 2,000 students, has had to set up temporary classrooms to accommodate an enrollment of 3,100. The town library is so small that only 40 people are allowed in- side at one time. And nearby, a major sew- age station keeps breaking down. Earlier this year, it spilled more than 20 million gallons of raw waste into an ocean estu- ary. "I think Pompeii took better care of its sewage," says Kathleen Zaworski-Burke, who lives in Mountain View. "People can be pushed just so far and then they re- sist." Bellwether Role A growing number of people, particu- larly in the populous southern half of Cali- fornia, are fighting the notion that more is necessarily better. Up and down the coast, communities are adopting measures to re- strict growth. In some communities, the contrpls halt most new construction. In others, they sharply limit or redirect it. But all of them suggest that Californians are turning decisively from their expan- sionist past. And that raises an important question: If the region that has symbolized urban sprawl for decades is rejecting it, can the heartland be far behind? Right now, the nation's economy is in flux and tax breaks are evaporating, but the growth -control movement was prompted by economic boom times. Hous- ing starts last year were the highest in a decade, and commercial construction tnse- -to;ords. In Cakhm nla.along.,p�gtis>�.u: Zlvity was the lWhest since the boom years of the lift. r Tnc moreme:-,i nas 2 poli:,c�-: tum tnai recalls the sudden sue;; -' } osr,ron D. the 197b California ball': ]'it_ ure that prompted a nationwide wa o' cal tax and budget cutting. Like that no-, ure, n is creating new political z!!u:ncc blurring the traditional distinctions b., tween liberal and conservative. In fact. ti , clamor for slower growth may be par: c.' the fallout from Proposition 13. whjci. slashed spending on local services development continued unabated. New Power Base "There is a new political power bas; - out there in suburbia that's hard to pu: your finger on, (but) seeds are being planted that %011 sweep the nation," saes Mark Baldassare, a political scientist and pollster at the University of California at Irvine. The ease with which local voter -spon- sored measures can be placed on ballots here has spurred the movement in Califor- nia. But some growth -control efforts are already appearing elsewhere. Dover, N.H., has imposed a moratorium on applications for major housing projects. And earlier this month, after years of traffic jams. voters in Fairfax County, Va., toppled growth -minded members of the county board of supervisors. Population Environment Balance Inc., a Washington -based environmental group. surveyed 1,650 communities across the country. One in five had instituted various land -use controls, and many of these said they planned to bring in growth -manage- ment strategies soon, says Robert Grafi, who conducted the study. Capping Permits But California is doing the most. In Los Angeles, by a 71% majority, voters have approved cutting in half allowable com- mercial and industrial construction in many parts of the city. The city is also considering sharply reducing new con- struction permits because of strains on the city's sewage system. Residents of the bur- geoning towns of San Clemente, Oceanside and Carlsbad have sharply reduced the number of new houses that can be built each year. In San Diego, which includes Rancho Penasquitos, voters have given themselves the right to approve or reject construction in undeveloped areas around the city. They also voted to cap the number of housing - construction permits at half the rate of 1986. But the cap is temporary and has loopholes, so Mrs. Zaworski-Burke and other community organizers plan to take tougher measures to the voters next year. Californians are so willing to halt devel- opment that, in one straw poll, almost half agreed with a Draconian proposal to ban new construction statewide until federal clean -air standards are met, according to Richard Dresner, a New York pollster who conducted the sampling. Fifteen of the 17 growth -control meas- ures put to voters in California communi- ties earlier this month were approved. And they won despite strong opposition from development and real-estate interests. In San Francisco last year, developers and their allies spent &W,000 in a vain attempt Please Turn to Page 12, Column 1 WALL STREET JOURNAL 11/27/8: (CONTINUED) Continued From First Pao( to block tough controls on the number o` new office buildings. The winning side spent $80,000. And last year in the small town of Campbell, Calif., development in- terests outspent growth -control supporters 37 to 1—and still failed to block a measure imposing a building -height limit. Some growth -control measures have been challenged in court, but most have survived. "The right of a city to zone itself is a power that the courts tend to guard,' says Douglas Ring, a Los Angeles lawyer specializing in growth issues. Recent U.S. Supreme Court decisions do make it clear, though, that communities must draft con- trols carefully to avoid landowners' argu- ments that they have been deprived of the full rights to their land without due pro- cess. Meanwhile, elected officials—long de- pendent on developers' campaign contribu- i tions and politically inclined to compro- mise—are coming under fire from voters who want tougher controls. "There's a tre- mendous frustration in the community, a feeling of being disenfranchised," says Lynn Benn, a member of San Diego's plan- ning commission. Voter alienation is tripping up some pol- iticians. Three -term Los Angeles Mayor Tom Bradley—once thought unbeatable—is in political trouble because he didn't sup- port a recent growth -control initiative. A close ally of his in the city council was de- feated earlier this year after she strongly opposed the same measure. Growth -control efforts attract a wide range of supporters, including liberals and conservatives, environmentalists and ur- ban reformers. "It's a new ball game polit- ically," says Laura Lake, a leader of Not Yet New York, a Los Angeles anti -growth coalition. Avoiding Nicaragua :In California's Orange County, a left- leaning former mayor and the fiercely con- servative•former head of the county Re- publican organization are working together on an important growth -management cam- paign. The two say that they get along fine as long as they avoid discussing Nicaragua and nuc• fear power. Some- critics see the growth-contro'. movement as the indulgence of a self-satis- fied minidle class. And some charge tha: there ar,r racist roots. "The fact is that a lot of people don't like seeing Hispanics and Asi.,ans around," says Daniel Garcia, the president of the Los Angeles Planning Comnns:sion. But )poor black and Hispanic areas of Loss Anpeles voted strongly in favor of the citywide growth -control measure that has reduced: commercial -construction density. "This isn't an elitist movement; this talk of eliti-%m comes from those who are just takingc.are of themselves," says Lawrence Agran, tthe left-leaning mayor of Irvine, Calif., arnd a leader of the proposed Orange County "initiative. The cchangfng political view of develop- ment rn;atches changes in the urban land- scape it -self. What started as a flight from cities after World War II is coming full cir- cle. Suiburbs are no longer a patchwork of houses interspersed between farmers' fields. 'Today they are often threaded with express -ways and pierced by office towers - and mgional shopping centers. Between 1960 amd 1980, when the nation's population I rose 26'Sc, the population of urban fringe areas mearly doubled. Ozzie and Harriet People's hopes haven't changed. "They expect }the suburbs to be predominantly residembal and uncongested—your basic Ozzie •and Harriet life," says Mr. Baldas- sare, dhe University of California poll- ster. But. -insufficient community facilities are a ,widespread problem. Public -works projectts have suffered from years of gov- ernment penny-pinching, and some giant bills &—,re building. IInttil recently, Washington paid for many municipal facilities and services. But federal grants to cities have dropped to Im than 10% of cities' revenues from 25,176 before the Reagan years. &ssds and highways, in particular, are sufferhng from overuse. The number of cars :and trucks on American roadways bas embed about 631/"c since 1970 while the milealge of streets and roads has grown less tthan 5%. Traffic in Rancho Penas- quitcsa is so congested at rush hour that it takes. 40 minutes to drive just two miles to a nemrby freeway entrance. In Southern ICaTtfvrnia as a whole, drivers on major ar- teries spend about 10% of their time } stopped or barely moving. Unless t1- way network is expanded, that Petr- is expected to jump to 5o`', by 2(.n. Toll Roads Supporters of strict growth cowro: ' Orange County are urging residents in development to traffic. An initiative. 14 -- to go on the ballot next year, would Y. most commercial and residential constr-, tion in any area where traffic on ma'1 roads doesn't average 35 miles an hoL, — an impossible goal, the measure's op; nents say. The county is even considerin. building toll roads to parallel existing fre- ways, a step that would have been here:; not long ago in the land where car ;- king. For some years now, California comrn:- nities have turned to developers to foot t1 bill for growth, charging "impact fees" t. pay for everything from schools and libr , ies to highway interchanges. These fe.: have spiraled in recent years —amounti;._ to $6,500 and more for each new resider:',.:: unit in California. Developers argue that such charges ar! misdirected, and the levies do raise an ir portant issue: Who pays for growth' Cit;:: and towns have traditionally borrowed finance new facilities. Then, taxes from. growing population paid off the deb:. F: . lately homeowners have been balking. vu ing down bond issues for new freeways t still -virgin land or sewage-treatme'.� plants for people who haven't yet arrive., "We're not going to pay for our own . mise," insists Tom Rogers, the conserv:, five who is pushing Orange County's an:i growth initiative. Developers say that the nation car.': turn its back on new construction. The; maintain that growth controls are ecc. noetic suicide. "You cannot stop prc.- gress," snaps John C. Cushman III, the president of Cushman Realty Corp., a cor mercial real-estate broker based to L . Angeles. "If you stop it, you will kill tl�• goose that laid the golden egg." CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 8, 1987 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City ManagerA SUBJECT DECEMBER 1 STATUS REPORT ON LARRY BEGIN SALVAGE YARD According to the agreement between the City and Mr. Begin, he was to have separated and stacked all engines, transmissions and bodies from the vehicles ready for crushing; removed all barrels of solid waste and removed all other solid waste from the site with the exception of vehicles, transmissions, engines, auto body parts, cast iron, prepared steel, aluminum, copper, brass, etc, by December 1, 1987. At the December 3, 1987 inspection, Sergeant Saba and CSO Laurence found that of the nearly 700 vehicles on the lot, more than 200 remained to be blocked and stacked. A total of 1,000 tires remain on the site, as well as 25 barrels. Since the agreement between the City and Mr. Begin was executed in duly, we have conducted inspections each month as provided by the agreement. After the first month, Mr. Begin began to fall behind. To remind him of the requirements, we met with him on October 8 and conducted a follow-up inspection which is documented in a November 3 letter to Mr. Begin. In addition, I responded to a November 11 letter from Mr. Begin's attorney, Donald A. Hillstrom, which suggested the City had no right to complete clean-up of the property until after the last day of the agreement, or February 1988. The bottom line is that Mr. Begin has failed to make significant progress over the last few months. I have asked Tom Saba to obtain quotes from salvage yards to complete all remaining clean-up required under the agreement. At the suggestion of the city attorney, I am advising Mr. Begin and his attorney of this action so they can seek a temporary injunction now, rather than after the salvage company is on the property. Tom Saba is in the process of obtaining quotations. He has found that a single crusher can complete 25 vehicles per day. He estimates that approximately six weeks will be required for all materials to be removed from the site. Tom will be providing dollar quotations as soon as they are available in order that we can proceed to complete the contractual obligations which Mr. Begin agreed to but has been unable to fulfill. FB:kec CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 3, 1987 TO: Frank Boyles, Assistant City Manager FROM: Sergeant T. Saba & CSO J. Laurence SUBJECT Larry Begin Salvage Yard, Status Report A baseline inventory of the Larry Begin property was conducted by Community Service Officers, Jane Laurence and Dave Phillips, on August 27, 1987. On December 3, 1987, CSO Jane Laurence and Sgt. Saba reinspected the property. The following table compares the findings on the two dates: August 27, 1987 Total Vehicles 699 Blocked & Stacked 414 Remaining 285 December 3, 1987 Total Vehicles 699 Blocked & Stacked 414+ Remaining 205+ Note: Although it is difficult to see any change in the actual number of vehicles prepared for crushing, there is some evidence that axles and other parts have been removed from a few vehicles. Classic Cars: The number of possible classic cars was estimated at 25. This estimate is extreme in that most of the possible classic cars had parts missing, were in rough shape requiring extensive rust repair and body work. Total Tires 2600 Total Tires 1000 Note: The original estimate was low. Many tires have been removed from the property, but there are still hundreds on vehicles and scattered throughout the property. There are now piles of wheels left in work areas where tires were removed from wheels before hauling. Total Barrels 27 Total Barrels 25 Note: Larry Begin said he was using the barrels to make stoves. Misc. Scrap, 1200 cu. yds. Unchanged Including engines, transmissions, drive shafts, appliances, and scrap metal Mote: We quickly counted over 200 engines and transmissions, 2 trailer loads of drive shafts, several televisions, washing machines, and refrigerators, bath tubs, cribs, dozens of miscellaneous containers, plus dozens of yards of miscellaneous metal salvage items that would be far too voluminous to be crushed in the vehicles on the property. Heavy equipment will be necessary to remove this scrap in a timely fashion. 011Y December 10, 1987 PL KIOUT R Mr. Larry Begin 4300 Fernbrook Lane North Plymouth, MN 55441 SUBJECT: FAILURE TO COMPLY WITH DULY 27, 1987 AGREEMENT Dear Mr. Begin: On November 13, I provided you with a copy of a letter sent to your attorney, Mr. Donald Hillstrom. The letter was intended to clarify the City's position with respect to enforcement of the agreement entered into by you and the City of Plymouth dated duly 27, 1987. In that letter, I indicated that "if Mr. Begin fails to make satisfactory progress at any time, for any of the deadlines set forth in the agreement, you may be assurred that we will enter upon the property to complete the necessary work." The attached inspection report shows that you have failed once again to meet the deadlinesset forth in the agreement. By December 1 you were to have all vehicles and parts stacked and ready for crushing. All tires were to have been removed from the property as well as all solid waste barrels. Based upon the inspection report, you have failed to accomplish the work as agreed. Our preference has been to allow you to complete the necessary work in compliance with our agreement. Since you have failed on multiple occasions to comply with the contract, despite our attempts to cooperate, we have no alternative but to solicit proposals from salvage dealers and to enter upon the property to complete the remaining clean-up work ourselves. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. Larry Begin December 10, 1987 Page 2 In accordance with the agreement and in conformance with Section 2010, we will be undertaking this work as soon as Yours ver tr y, Frank Boyles Assistant City Manager FB:kec cc: Donald Hillstrom Jim Thomson Tom Saba Plymouth.City Code, possible. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 7, 1987 TO: City Manager lames G. Willis a FROM: Community Development Director SUBJECT MEETING WITH EDEN PRAIRIE CHAMBER OF COMMERCE ECONOMIC GROWTH COUNCIL I met with the Eden Prairie Chamber of Commerce Economic Growth Council, at their re- quest, with Mayor Schneider and Plymouth Development Council President Bob Burger on December 4, 1987. The Eden Prairie Chamber of Commerce has served as a clearing house for developer's concerns which are not unlike those expressed by developers in Plymouth a number of years ago. The Eden Prairie Chamber of Commerce representatives have attended at least one Plymouth Development Council meeting and have, over time, expressed an interest in establishing a similar group in Eden Prairie. The three of us, representing Plymouth, covered the political, administrative, and operational aspects of such a group. The Economic Growth Council seemed to be quite receptive to the Plymouth approach. Mayor Schneider and Bob Burger stressed that support by the elected officials was vital to the continuing success of a Developer's Council. I described the productive aspects of having a good communicative link with active developers. Bob Burger also emphasized that the group does not focus on individual problems of members, but rather, with more generic issues that affect broad classes of developers or everyone. It was apparent at the meeting that the development and commercial interests on this committee have a high regard for Plymouth and its means of maintaining an effective relationship with the development community. AttarhmPnt fel°JV1'jC°J U�,'-Lp�-/ BLIsIness Properties Division November 9, 1987 NOY 12 1987 CITY OF PLYMOU1-I-i Mr. Blair Tremere COMMUNITY DEVELOPMENT DEPT, City Government Center 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Blair: Per our telephone conversation this morning, I am enclosing a list of my committee members who are on the Chamber of Commerce's Economic Growth Council. I am scheduling a meeting for Friday morning, December 4th at 7:30 a.m. We would certainly appreciate it if you, your Mayor and Bob Burger would join us. As you know, our committee is moving ahead with preparations to set up a developers forum in Eden Prairie. The purpose of this meeting is purely an informational one on the part of the committee. We would like the opportunity to tap into your expertise by randomly questioning the three of you on how a forum is organized, the content of the members, typical agenda items, and accomplishments. In short, we would hope that by the sharing of your information and your experiences it would help our forum to one day become as widely recognized as the forum in Plymouth. We will meet at the Chamber offices at 11995 Singletree Lane, Eden Prairie. Again, I hope you will join us over coffee and rolls. Sincerely, Charlotte Johnson, Chairperson Economic Growth Council cc: Marge Fredericks Executive Director Chamber of Commerce cc: file enclosure CJ/bs Northland Plaza, Suite 110 Individual Membership, Society of Industrial REALTORS 3800 West 80th Street National Association of Industrial and Office Parks Bloomington, MN 55431 (612) 835-9666 Certified Commercial Investment Member Business Properties Division CHARLOTTE JOHNSON Nwthl,md PLli,l, Stwe 110 38(N) 1Vc,l 80th Slrcc f 810011 nrinn AIN i;Jfl //,171At:-4hr.F, ��J p Ehlers and Associates, Inc. Q� 4 LEADERS IN PUBLIC FINANCE CAI�UWYbSLLETTTEn � 1 1 U 1 1 OFFICES IN MINNEAPOLIS AND WAUKESHA 507 Marquel,�e A�eg (1a aPOHS, MN 554021255 • 612 339.8291 �.: VOLUME 32, NUMBER 10 FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members December, 1987 Our sincere Seasons Greetings to all of you from all of us. You are more than just clients to us -- we have come to value you as friends. Life is much more than the bond market, the stock market or our economic status. This is the season to remember that we live in a time and place where "good will to men" is important. As Ehlers and Associates begins its 34th year building better communities through finance, we look at the changing character of many of our towns and marvel at how well our democratic system works. Public improvements get financed and completed, and local governments really do work. Bond Market For weeks prior to the stock market "crash" the bond market deteriorated, with interest rates going up. But it has made a remarkable recovery in the weeks following the "crash" with 20 -year tax-exempt rates coming down from 9.17% on October 14 to 7.91% by November 20. At the same time precious metal prices have come down, hopeful signs that investors have not deserted the system. Billions of dollars of value "evaporated" in the stock market but was regained in bonds. Government and industry leaders are saying "all's right in the financial world." The strong bond market and weak metals market make their reassurances believable -- this time. The President and Congressional leaders appear to be heading towards a more realistic solution to the budget deficit. Some of the excesses must be (painfully) shaken out, but life goes on, we'll be O.K. Selling Infrastructure; Leaseback Some municipalities have been approached with the idea of selling their sewer or water systems or other facilities to another tax-exempt organization (HRA) and then leasing them back. The aim is to use the proceeds of the sale for other municipal activities and leverage higher yields than the tax-exempt interest factor in the leaseback payments. Sounds interesting -- a "can't lose" proposition that deserves a closer look. Obviously, such financings use up part of a finite amount of credit and, to the extent that they flood the market, will cause tax-exempt bond prices to drop and interest rates to rise, increasing the cost of new or replacement infrastructure. Proponents say they have opinions of bond counsel, but when we checked, some of the opinions were not unqualified. Leasing is often a sound way to acquire facilities, but remember that over IS years ago grand schemes to finance governmental programs with tax-exempt/taxable arbitrage were what precipitated federal intervention into state and local fiscal affairs and the 1986 Federal Tax Reform Act. Cash Advanced for Capital Improvements and Reimbursed from Bond Proceeds If you advance cash to finance project costs, such as design, land acquisition, even construction, etc., be sure to make a record (preferably by a resolution of the governing body) stating that you intend to reimburse such advances from bond proceeds. Otherwise, the U.S. Treasury may not allow those expenses to be financed tax exempt. The attached news article on bond counsels' concerns about "pyramid" bonds may be of interest and help explain our recommendation. Defaulted Bonds Some bonds which, by their terms, are payable solely from project revenues sometimes go into default, unhappily for bondholders. In one negotiated bond issue a State supposedly blessed a project that was never built but for which most of the proceeds were spent, and from which no revenues are likely to be derived. Underwriter and bondholders maintain that the state has a "moral obligation" to pay the bonds and that the state's credit will be impaired if it does not. Bondholders may have thought they had a state obligation, but an issuer is bound only by the terms. If any issuer is not required to repay the bonds from other revenues, then morally it must not pay since the issue would be giving away taxpayers' money for a private purpose. If there was a misrepresentation, bondholders should look to the party who made it. Negotiated vs. Competitive Bond Sales Negotiated bond sales render greater yields and profits for underwriters and probably for investors. According to a November 2 article in Credit Markets, a study released October 26 by Securities Data* Co. states " . . . spreads on high quality general obligation issues sold through competitive bidding are less than half that [of negotiated sales]." Spreads on negotiated sales have narrowed in recent years and a number of companies, like Salomon Brothers, have either withdrawn from the tax-exempt market entirely or have greatly reduced their staffs. Already we've seen increased pressure on local governments to negotiate their bonds noncompetitively. There is so much competition in the current market that your bond issues should be sold competitively. You the issuer benefit in lower issuance and interest costs on your debt. Minnesota School Boards Association Convention, January 17-19, 1987 If you are attending the upcoming Minnesota School Board Convention, come visit us at our new booth location at the Minneapolis Auditorium, Space Nos. 518/619 across from St. Paul Book & Stationery. EHLE S �N AS C T NC. o er L. 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The lawyers' association's low profile was a reflection of Its members' natural retictlice, ex- plained Robert Dean Pope, the group's incoming president. Bond lawyers are conservative people by and large — very cau- tious people," Mr. Pope said dur- ing a recent interview In his Richmond office. "We're trained to avoid anything approaching hyperbole." But the Tax Reform Act of 1986 and the current investiga- tions into bond deals involving Matthews & Wright Inc. and oth- er underwriters have forced the association over the past year to step into the limelight and air its positions on current issues, Mr. Pope said. He will succeed Shar- on Stanton White as president of the lawyers' group when 1t meets for its national convention next week. The association is trying to "earn and maintain a reputation for speaking cautiously, but, when we speak, speaking with confidence and reflecting special knowledge that we have of the special problems state and local governments have," said Mr. Pope, who is a partner with the Richmond law firm of Hunton & Williams. "One reason [the association] has been slow in getting into this area is that it wanted to speak with authority and competence and not just be running off with extreme hyperbolic state- ments," he said. 'Pyramid -Scheme' Warning The lawyers' group took a step in that direction last month, when it issued a warning to issu- ers and their bond counsel about '.pyramid bond" schemes. Sev- eral municipal finance lobbyists said it was the first time they could remember that the associ- ation advised issuers and bond counsel against a potential abuse. The association had sent a let- ter to the Government Finance Officers Association warning state and local finance officers against becoming involved in ar- bitrage -driven schemes to issue tax-exempt bonds to recover the costs of past capital improve- ments that were financed through their general funds. The deals have been dubbed ..pyramid bonds" because bond lawyers have said the idea of is- suers selling tax-exempt bonds to reimburse themselves for past capital expenditures 1s as ludi- crous as the Egyptian govern- ment issuing tax-exempt bonds to recover the costs of building the pyramids. "We felt there was a potential for abuse," Mr. Pope said. "Be- fore the tide of greed got a hold of this sort of thing, I think it was appropriate for us to remind peo- ple what the rules are in this area." The association was also con- cerned that if the federal govern- ment stepped 1n. "the Treasury Department's response (could] ultimately eliminate not only the Monday, October 5, 1987 abuse but an awful lot of legiti- mate transactions," he said. "We really saw our clients — the issuers — having an awful lot of perfectly legitimate things stop- ped ... all because of an abuse that triggered a concern." Although the pyramid -bond letter is the first illustration of the group's higher -profiles, Mr. Pope said he viewed the tax -writ - Ing process last year as the wa- tershed for the group, in terms of becoming more vocal on tax matters. "As the process that produced the Tax Reform.Act of 1986 be- gan, we realized that the special, esoteric knowledge that bond lawyers have was important In this process," Mr. Pope said. -I think we felt that we had an obli- f�ation to get involved in the pub- bc finance area." Averting Potential Problems Mr. Pope said the lawyers' group did not lobby for a particu- lar position during the process, but instead worked with con- gressional aides and Treasury officials as the tax law was draft- ed to stave off potential difficul- ties for issuers and their bond counsel. "I won't say that I'm happy about the public finance provi- sions of (the new tax law), but I think 1t would have been sub- stantially worse technically if It had not been for (the associa- tion's) efforts." Mr. Pope said. Municipal finance lobbyists said the group's shift to a more public stance on controversial Issues and greater involvement in policy matters is also designed as a defensive measure. The bond lawyers "have been under attack up on Capitol Hill — in many cases unjustifiably," said Catherine L. Spain: the ex- ecutive director of the Govern- ment Finance Officer. Associa- tion's federal liaison center. "I think that stimulated their (in- terest) in becoming more vocal." Mr. Pope acknowledged the as- sociation's response to the pyra- mid bond issue partly reflects a desire to bolster the caliber of the profession in the wake of recent bond scandals involving Mat- thews & Wright and other under- writers that rocked the bond community. The investigations into those scandals by Congress and the Securities and Exchange Com- mission mean that 1988 "will be a year of intense scrutiny" — not only for underwriters, but also for the legal profession, he said. Mr. Pope said he realizes ques- tions have arisen about bond lawyers' behavior in many deals that went to market immediately before the new tax law was passed. "No bond lawyer will be sur- prised if investigations show that deals were done in question- able or sloppy fashion in late 1985," Mr. Pope said. "The huge rush to market that took place in late 1985, I think, did create tre- mendous pressure on reputable bond lawyers and reputable In- vestment bankers — the pres- sure to get things done," he said. But he said any mistakes that have been made are "a reflection of that particular period in time. I think it's unlikely to reoccur." Robert Dean Pope: "Bond law- yers are conservative people. " Even so, the lawyers' group has decided to become more ac- tive in educating bond lawyers and ensuring that they are aware of potential abuses and improper practices. For instance, late last year, the association created a special committee on standards of prac- tice, which is developing a series of reports on "special issues of present concern." The first of those reports, is- sued last month, discussed "an apparent erosion in profession- alism" among bond lawyers and offered two solutions: Increase the level of supervision and training for junior lawyers, and set up a program for monitoring senior lawyers, "to assure their continued competence and their continued interest in and famil- iarity with those areas of public finance law on which they concentrate." Mr. Pope cited two recent trends in tax-exempt bond fi- nance that have caused the as- sociation to be more vocal and visible. One has been the sharp growth in the number of bond law firms over the past several years, which has occurred in re- sponse to increased market volume. "Traditionally, bond law was done by a very few firms who were willing to devote time and expertisf to be competent In the area," Mr. Pope said. The in- crease in bond volume and the creation of new types of deals have changed that. Mr. Pope said that although he views the rise in the number of firms generally as a good thing, it also has Its drawbacks. "I think there was a tendency — because there was a peroep- Markets tion that there was an opportu- nity in a growing area where there was money to be made and deals to be done — for people to rush in and hold themselves out as bond lawvers when they were not competent to be bond law- yers," he said. Knowledge of State Law A very important aspect of that expertise is knowledge of state law, Mr. Pope said. The whole reason (for their role as bond lawyers) originally had to do with state law validity ques- tions, and those questions are still very important," he said. "There is a tendency to overlook the state law problems, which can really come back to haunt you. The other trend Is the increas- ing complexity of federal tax law, illustrated by provisions in the tax law such as the new arbi- trage rebate requirement. "Two years ago, you could do a simple general obligation bond for a town and have almost no federal tax problems," he said. "But with the Tax Reform Act of 1986, that's Just not true any- more. You can foul up the tax ex- emption on almost any kind of issue today." The association feels it needs to be more Involved, as the Trea- sury writes the regulations Im- plementing provisions of the new tax law — including the re- bate requirement — with which issues have had difficulty com- plying, Mr. Pope said. "Traditionally, Treasury has looked to bond lawyers to be the first line of enforcement in (tax- exempt bond) law, just as, by and large, securities lawyers en- force securities laws and tradi- tional tax lawyers basically en- force the traditional tax laws," he said. "But as it gets more complicated, we do need more positive guidance" from the Treasury. Although Mr. Pope said he sees the association continuing to play a role In the legislative and regulatory process, "i do think we still continue to believe very strongly that our role will be dif- ferent from public finance lob- bying generally," he said. The group will continue, he said, to avoid advocating a posi- tion in the policy area since "we have no particular expertise in that policy decision. i do think we may take a more active role in proposing or opposing particular provisions that we see as bond lawyers creating problems (for issuers) far beyond any possible benefits." ■ Advertise Your offerings in Credit Markets November 2, 1987 To: `�' Plymouth Mayor Plymouth City Council Members Plymouth City Manager Plymouth Parks and Recreation Department From: Al Heitkamp 211E No. Hwy. 101 Plymouth, MN 55447 Re: New bicyle-walking trail on west side of Kraftz-Kreat7- Lake RECFIVF t_1, 7 Nov 19&7 ' J, Ulf Of PLYMOOIN This new trail being constructed on the east side of Highway 101 is a good addition to our neighborhood. The Village has done a nice job of planting trees along the highway to the lake bank. There is a major concern where this new trail intersects with our private driveway. My wife and I are concerned about the danger of trail users as they cross this driveway. Two caution signs have been erected, but we do not think this is enough to prevent a future serious car -trail user accident. In order to make a safer than present situation, the following are recommended. 1. Install stop signs so that bikers -hikers must stop and look for cars. 2. Install "Stop Ahead" signs 50 to 75 feet from the driveway crossings. 3. Perhaps others have better ideas. Our concern is for safety and avoiding a potential accident at this dangerous point on the trail. Your interest in our neighbornood safety is appreciated. Id cc: The Grahams 2112 No. Hwy. 101 Plymouth, MN 55447 The Nieses 2120 No. Hwy. Plymouth, MN Sincerely, Al Heitk amp � 101 55447 MAI Y' CITY OF PUMOUTR December 3, 1987 Al Heitkamp 2116 N Highway 101 Plymouth, MN 55447 Dear Mr. Heitkamp: I have reviewed your letter dated November 2nd, which was forwarded to me by Mayor Schneider, regarding the new trail along Highway 101. I believe you have raised a valid concern, which the City needs to review further. Your suggestion of using a stop sign may be the best answer at this location. Our staff will be reviewing this situation in the near future, and we will make any necessary sign changes at our first opportunity next spring. Thank you for calling this situation to our attention. If I can be of further assistance to you, please call me at 559-2800 x 265. Sincerely, Eric J. Blank, Director Parks and Recreation EJB/np cc: James G. Willis, City Manager Mark Peterson, Superintendent of Parks 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE TO: December 10, 1987 for City Council Meeting December 14, 1987 FROM: dames G. Willis, City Manager SUBJECT Milt Dale, Housing Specialist STATUS OF HOUSE DOCTOR PROGRAM IN PLYMOUTH The House Doctor Program, which is funded by Minnegasco and the State of Minnesota's Department of Energy and Economic Development (DEED), has not generated the interest in Plymouth as anticipated by West Hennepin Human Services (WHHS) personnel. However, WHHS staff is anticipating a increase in interest in the program this winter. As of November 30, 1987, 27 houses have been contracted for work. WHHS staff believes a total of 50 houses will be done by March 30, 1988. The State of Minnesota's DEED still owes the City $3,000 to defray administrative costs for this program. The contract states that this $3,000 will be paid on completion of the program and the submittal of the final report by West Hennepin Human Services. This is expected to be accomplished in the spring of 1988. West Hennepin Human Services has been prompt in providing me with monthly reports on the progress of the House Doctor Program. Additionally, Bruce Larson of the WHHS staff has kept me informed during the year of their various needs. I will continue to monitor the progress of this program.