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HomeMy WebLinkAboutCouncil Information Memorandum 04-02-1987CITY OF PLYMOUTH - CITY COUNCIL INFORMATIONAL MEMORANDUM April 2, 1987 UPCOMING MEETINGS AND EVENTS..... 1. REGULAR COUNCIL MEETING -- Monday, April 6, 7:30 p.m. Reqular City Council meeting in Council chambers. 2. PLANNING COMMISSION -- Wednesday, April 8. The Planning Commission Forum will begin at 7:15 p.m., with the regular Planning Commission meeting following at 7:30 p.m. in the City Council chambers. Agenda attached. (M-2) 3. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday, April 8. The Plymouth Development Council will meet at 7:30 A.M. in the City Council conference room. A copy of the meeting agenda is attached. (M-3) 4. PARK & RECREATION ADVISORY COMMISSION -- Thursday, April 9, 7:00 p.m. The Park and Recreation Advisory Commission will meet in the City Council chambers. Agenda attached. (M-4) 5. RESIDENTIAL FACILITIES TASK FORCE --- Thursday, April 9, 7:00 p.m. The Residential Facilities Task Force will meet in the large office area conference room. 6. TOWN MEETING -- Monday, April 13, 7:30 p.m. The Town Meeting for Area 5 residents will be held in the City Council Chambers. A copy of the letter inviting residents to attend is attached. (M-6) 7. OPEN HOUSE - PLYMOUTH FIRE STATIONS •-- The Plymouth Fire Department will have an Open House on Sunday, April 5 from 1:00 to 3:00 p.m. at both Fire Stations. 8. APRIL CALENDAR -- The April calendar of meetings and events is attached. (M-8) FOR YOUR INFORMATION.... 1. LEGISLATIVE UPDATE -- Thursday morning I attended a meeting of the Hennepin County Legislative Delegation. The purpose of this meetinq was to review the Governor's property tax proposal, as well as a 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 5592800 CITY COUNCIL INFORMATIONAL MEMORANDUM April 2, 1987 Page two position paper submitted by Hennepin County. Very little time was spent on the Governor's tax proposal as it was noted that, for all intents and purposes, the Governor's property tax proposal is "dead". Both the Senate and House are independently drafting their own bills which differ substantially for the Governor's proposal, as well as from one another. With respect to the matter of the Hennepin County position paper, the County is seeking to alert legislators to three areas of concern. These three concerns are as follows: 1) tax exempt property; 2) tax increment financing district growth; and 3) the fiscal disparities act. Jerry Pahl from the County, spoke on their concern with TIF districts noting that $65 million was collected in 1986 for TIF districts throughout Hennepin County. By 1992 the County projects this will increase to approximately $160 million. At the current time, approximately 6% of the total valuation in the County is in captured TIF districts, although within Minneapolis it exceeds 10%. The County's concern obviously is the fact that long term redevelopment districts, particularly in Minneapolis, will be off the tax rolls for up to 25 years and the enormous sums on money flowing into those districts will not be available to support government operations for Hennepin County. With regard to fiscal disparities, the County notes that in 1987 Hennepin County, alone of the seven counties in the metropolitan area, will be a net contributor to fiscal disparities. While there are some "winners" within Hennepin County, the net is a substantial loss. That trend will continue for several years, although it is projected that Dakota County will be the next county to become a net fiscal disparities contributor. County representatives argue that Hennepin County taxpayers are, in effect, subsidizing the other six counties by $30 million: this is represented by the fact that taxes in Hennepin County have to be approximately 3-1/2 mills greater county -wide than would otherwise be the case without fiscal disparities. The meeting was essentially educational in nature and it is one which hopefully will continue to sensitize legislators to the consequences of their legislation on local tax policy. 2. LARRY LAUUKA & ASSOCIATES VS. CITY OF PLYMOUTH -- A pre-trial conference was held Thursday morning before Judge James Rogers. Not unsurprisingly, a settlement was not reached. Mr. Laauka's attorney had suggested that the City deed the property back to Mr. Laauka, who in turn would deal with the County on the establishment of the value. I noted that it was our belief that the right-of-way was to be dedicated for road purposes, and that we believe we had a right to require its dedication pursuant to the City Codes. The Judge has asked for pre-trial briefs to be submitted by a week from this Friday. CITY COUNCIL INFORMATIONAL MEMORANDUM April 2, 1987 Page three 3. UNION REPRESENTATION ELECTION -- Last Monday, the Bureau of Mediation Services held a representation election for our maintenance employees. This election had been petitioned for by the employees who expressed an interest in being represented by the American Federation of State, County and Municipal Employees (AFSCME), Council No. 14. Thirty city maintenance employees are deemed to be within an appropriate bargaining unit, and nineteen voted in favor of representation, and eleven against. The union has therefore been certified by the Bureau of Mediation Services as the exclusive representative for the bargaining unit. 4. SOLID WASTE TRANSFER STATION -- Vern Genzlinger, Assistant County Administrator, telephoned me on Wednesday regarding Hennepin County Board action on developing solid waste transfer stations. The County Board needs to develop four such transfer stations throughout the County. Two sites have already been selected, one in Brooklyn Park and one in Bloomington. A third site in South Minneapolis is also being investigated. They are looking to the communities of Eden Prairie, Minnetonka and Plymouth for the potential fourth site. Consultants have been retained by the County Board to assist in reviewing the potential for site location in each of the three communities, and a decision is expected to be made within three months. Vern informed me that the County has a 20 year contract which is to be effective in two years to deliver 800 tons of solid waste daily to NSP at Elk River. This will be used by NSP to fuel their power plant. It is reasonable to presume that the Brooklyn Park and/or west suburban site(s) will serve as a collection point for the refuse needed to meet the NSP contract. Vern tells me that the County may be looking for a site of 5 to 10 acres, and in Plymouth, would focus on either the workhouse site property or the industrial property in the Parkers Lake North MPUD abutting Niagara Lane. It seems to me that a site in Plymouth would be particularly attractive given the access to I-494 and the proximity to Elk River relative to Minnetonka or Eden Prairie. In any event, consultants for the County will be in touch with us shortly and we will be able to obtain a better picture of what they are looking for, and how Plymouth could conceivably fit within their plans. I will keep the Council fully apprised of these meetings as they occur. 5. NOTICE OF CLAIM - DAMES PETERSON -- Attached is a notice of claim which we received on March 31 from Mr. and Mrs. dames Peterson. The information attached to the claim has been provided to me from the Police Department files. A reading of these materials, I believe, pretty clearly indicates that his claim is totally without merit. The information has been referred both to the City Attorney's and our insurance carrier. (I-5) 6. FIRE RELIEF ASSOCIATION PENSION BENEFITS -- The Firefighter Relief Association recently received an actuarial study from Wyatt Company. Based upon that actuarial study, the Relief Association has voted to increase its pension benefit. For example, the new CITY COUNCIL INFORMATIONAL MEMORANDUM April 2, 1987 Page four pension benefit for a 20 year retiree will be $460 per month versus $300 previously. A person retiring after 30 years of service will receive $600 monthly rather than the previous $450. The City Council is not required to approve this increase as the by-laws of the Relief Association provide that the Association can increase its benefits so long as they do so based upon an actuarially sound projection. There is no obligation on the part of the City to fund any portion of this new pension benefit either now or in the future. 7. CITY OF PLYMOUTH V. MENDOTA, INC. -- Attached is a copy of Judge Fitzgerald's ruling on the City's motion for clarification of his ruling. The Judge has not modified his earlier order. (I-7) 8. MINUTES: a. Park and Recreation Advisory Commission, March 12, 1987 (I -8a) b. Planning Commission, March 25, 1987. (I -8b) 9. BUILDING INSPECTION NEWSLETTER -- Attached is a copy of the Building Inspector newsletter distributed to building contractors and developers who have perform work within the City. Topics covered include: sewer and water area charges revisions; amendments to State Building Code; posting of inspection record cards; and inspec- tion requests and message service. (I-9) 10. SAFETY APPRECIATION DINNER - PLYMOUTH FIREFIGHTERS -- As I reported earlier to the Council, luncheons were held on March 24 for City employees to recognize their safety efforts during calendar year 1986. A dinner has been planned for Plymouth firefighters on Wednesday, April 8 at Fire Station II to also thank them for their efforts. A copy of the invitation memo sent to firefighters is attached. (I-10) 11. SPRING WATER MAIN FLUSHING -- Flushing of City water mains will begin on April 8. The following are the specific dates and locations for the water main flushing program: April 8 - 10 Industrial areas both side of I-494, south of Highway 55 April 13 - 24 Residential areas east of I-494 April 27 - May 8 Residential areas west of I-494 Exception: Both sides of Fernbrook from Highway 55 to County Road 9 will be flushed April 13. 12. BOND NEWSLETTER -- The March bond newsletter from Ehlers and Associates is attached for your information. (I-12) CITY COUNCIL INFORMATIONAL MEMORANDUM April 2, 1987 Page five 13. CORRESPONDENCE: a. Letter to Chuck VanEeckhout, from Joe Ryan, Building Official, summarizing the events of a March 26 footing inspection for property located at 4505 Trenton Circle North. (I -13a) b. Letter from Paul Volstad enclosing an article dealing with the rental of X-rated videos at Mr. Movies, County Road 6 & 101. Mr. Volstad may be concerned that these may be pornographic and that they do not belong in our community. (I -13b) C. Letter to Dale Hahn, Finance Director, from Ronald Garritt, CNA Insurance Companies, summarizing the findings of his loss control service visit of March 11, 1987. (I -13c) d. Letter from David Olson, President, TwinWest Chamber, thanking City Manager for his participation in the "State of the City" coffee breaks and other Chamber activities. (I -13d) e. Letter of appreciation from Joe and Mary Faltesek, 15030 - 32nd Avenue North, for assistance provided by Police Officers Ron Foreman and Dan Twaddle. (I -13e) f. Letter from Donald Fraley, on behalf of West Suburban Mediation Center, to Dick Pouliot, for interview and information provided to Plymouth Post on the Board. (I -13f) g. Letter from Bob Allen, Asst. Plant Manager, Advance Machine Company, thanking Investigator Bill Hanvik for his presentation on drug abuse. (I -13g) James G. Willis City Manager JGW:Jm attach PLANNING COMMISSION MEETING AGENDA WEDNESDAY, APRIL 8, 1987 WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 a CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 1. CALL TO ORDER 2. ROLL CALL 3.* APPROVAL OF MINUTES 4. PUBLIC HEARINGS 7:15 P.M. 7:30 P.M. Planning Commission Minutes, March 25, 1987 A. Debra Carlson. Home Occupation Conditional Use Permit at 10415 49th Avenue North to operate a beauty salon. (87016) B. Mount Olivet Lutheran Church. Site Plan Amendment, Conditional Use Permit and Variance to expand the existing church facility at 12235 County Road 9. (87003) C. David Peterson, Hew -Lyn Inc./FGC Development. Mixed Planned Unit Development Concept Plan for the development of approximately 70 acres for property 1/4 mile east of Zachary Lane, south of County Road 10. (87007) 5. OTHER BUSINESS 6. ADJOURNMENT 9:00 P.M. M -3 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 31, 1987 TO: Plymouth Development Council Members FROM: Bob Burger, President SUBJECT APRIL 8 MEETING The next meeting of the Plymouth Development Council will be held on Wednesday morning, April 8 at 7:30 a.m. in the Plymouth City Center Council Conference Room. The following items are scheduled for discussion. You may wish to bring up other items as well: I. The report from subcommittee on office/industrial use issues - Bob Burger II. Report on residential building inspection concerns. III. Erosion control, sedimentation and street cleaninq - Fred Moore IV. City of Plymouth versus Mendota, Inc., Order for Judgement - Jim Willis (see attached summary) V. Development trends in Plymouth - All VI. Other Business I hope to see you at the meeting. cc: dames G. Willis, City Manager Blair Tremere, Director of Planning & Community Development Fred Moore, Director of Public Works Joe Ryan, Building Official STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------------:-'.- �---+i----------------------- i City of Plymouth, a Minnesota ) FINDINGS OF FACT, municipal corporation,, )'-.--::CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT FILE N0. 85-1535rB9� v s . ) Mendota, Inc., a Minnesotacorporation, )Defendant.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --`�y�,� The above -entitled matter came on for trial before the undersigned, Judge of District Court, sitting without a jury, commencing on December 8, 1986. James J. Thomson, Jr., Esq., appeared on behalf of plaintiff. S. Todd Rapp, Esq., appeared on behalf of defendant. Upon all the files, records and proceedings herein, and upon the evidence adduced at trial, the Court hereby makes its FINDINGS OF FACT 1. Plaintiff, City of Plymouth, is a Minnesota municipal corporation. 2. Defendant, Mendota, Inc., is a corporation organized and existing under the laws of the State of Minnesota. 3. Defendant, Mendota, Inc., is the fee owner of an undeveloped 22.5 acre tract of land in Plymouth, Minnesota, generally located between Interstate Highway 494 and County Road 18 north of the existing right-of-way for County State Aid Highway 10 (Bass Lake Road). Defendant, Mendota, Inc. previously was fee owner of an adjacent tract of land south of the existing right-of-way for County State Aid Highway 10, as well as two other separate tracts of land, each of which also abut existing County State Aid Highway No. 10 located, generally, to the east of the 22.5 acre site. 4. County State Aid Highway 10 (Bass Lake Road) is and has at all times herein material been designated under the transpor- tation element of Plaintiff City of Plymouth's Comprehensive Plan as either a "major thoroughfare" or "minor arterial". Pursuant to Plaintiff's February 20, 1972 Thoroughfare Guide Plan, a "major thoroughfare" such as County State Aid Highway 10 was identified as a "high capacity road supplementing the pattern of limited access highways." The current Transportation Plan adopted by Plaintiff City of Plymouth functionally classifies minor arterial roadways such as County State Aid Highway 10 as those roads which, "connect adjacent subregions and activity centers within subregions" and which "provide mobility within and between two subregions". Plaintiff's Transportation Plan recommends that Hennepin County and the State of Minnesota "assume responsibility for the arterial system" of which minor arterials form a part. 5. Plymouth's Transportation Plan identifies a total of nine -minor arterial roadways within the boundaries of the City. 6. Although County State Aid Highway 10 (Bass Lake Road) is an existing minor arterial roadway, the City of Plymouth has desired to redesign the alignment of the roadway in the area of Defendant's 22.5 acre tract for a period of over ten years for purposes of removing numerous curves and grades that presently exist in the roadway alignment. 7. In early 1975, Plaintiff and Defendant entered into an -2- YA_- 3 Agreement to Convey an Easement for Future Roadway Purposes where- by Defendant agreed to convey to Plaintiff a parcel of land 54 feet in width abutting and adjoining the northerly right-of-way of County State Aid Highway 10 along the entirety of the southern border of the 22.5 acre site for purposes of establishing a right-of-way of County State Aid Highway 10. 8. In 1976, Plaintiff City of Plymouth, by City Council Resolution, requested the Hennepin County Public Works Department to redesign the same segment of County State Aid Highway 10 to remove curves and grades in the existing alignment. 9. The 22.5 acre tract owned by Defendant is also traversed by a proposed but unbuilt segment of minor arterial roadway designated in Plaintiff's Thoroughfare Guide Plan as County State Aid Highway 61 (Northwest Boulevard). This proposed segment of minor arterial roadway traverses the site in a southwest/northeast direction and separates the larger portion of the tract which is "guided" under Plaintiff's Land Use Guide Plan for commercial uses from the smaller, 3.2 acre portion of the tract which is guided for residential purposes. 10. Proposed County State Aid Highway 61 (Northwest Boulevard) has been a.component of Plaintiff's Transportation Plan and Thoroughfare Guide Plan for at least 14 years. The proposed roadway has been designated by Hennepin County as a County State Aid Highway since 1973. 11. In 1981, Plaintiff commissioned the consulting engineering firm of Strgar-Roscoe, Inc. to conduct on behalf of Plaintiff a Corridor Study for the proposed County State Aid Highway 61 corridor area. The study was completed in September, -3- 1982 and thereafter adopted as the official policy of the City of Plymouth. The Corridor Study noted that the lack of a continuous north -south minor arterial in the County State Aid Highway 61 corridor has caused many problems. The "Planning and Design Objectives" considered in the Corridor Study included consistency with the Plaintiff's Comprehensive Plan, the Hennepin County transportation system study and applicable County State Aid Highway standards, the Federal Highway Adminis- tration and Minnesota Department of Transportation standards, the encouragement of development in Plymouth in conformity with its Comprehensive Plan, the providing of continuity on minor arterial routes throughout the City of Plymouth, the provision of adequate capacity to accommodate projected traffic volumes on arterial streets, minimization of acquisition of existing homes and businesses for roadway upgrading purposes, minimization of through traffic on roadways and residential areas, etc. 12. Plaintiff has acquired substantial segments of proposed County State Aid Highway 61 (Northwest Boulevard) right-of-way in the general area of Defendant's 22.5 acre site, but has not purchased or condemned any of the right-of-way parcels obtained. Plaintiff obtained County State Aid Highway 61 (Northwest Boulevard) right-of-way from the developers of the Bass Lake Woods and Bass Lakes Heights subdivisions south of Defendant's tract at the time these subdivisions were final platted as individual residential lots. Plaintiff obtained easement rights for County State Aid Highway 61 (Northwest Boulevard) right-of- way from Prudential at the time Prudential was developing its large office facility. Plaintiff obtained County State Aid -4- Highway 61 (Northwest Boulevard) right-of-way from the developer of Bass Lake Estates at the time it obtained final plat approval for a mixed residential/commercial subdivision. 13. For a period of years prior to 1985, the City of Plymouth development staff had received inquiries of owners of residentially guided property to the east of Defendant's 22.5 acre site regarding the development of such property. This residentially -guided property prior to 1984 was owned by several different individuals or entities. 14. By May 21, 1984, ownership of the entirety of the residentially guided tract east of Defendant's 22.5 acre site had been secured by an individual named Boyer Palmer. Mr. Palmer held a preliminary discussion regarding a proposed development of this parcel with plaintiff's development staff in May, 1984. v The City staff summarized the matters discussed at the preliminary meeting in a May 21, 1984 memorandum which included a reference that City staff had encouraged Mr. Palmer to approach the adjacent property owner to the northwest, Defendant Mendota, Inc., in order to include Mendota, Inc.'s 22.5 acre tract in Palmer's development proposal. Another matter discussed between City staff 'and Boyer Palmer in May, 1984 was a,proposal by Palmer to construct an apartment building upon a portion of his property north and west of the proposed County State Aid Highway 61 right- of-way which was guided for service business use. Plaintiff's Director of Planning and Community Development, Blair Tremere, testified that he discouraged the apartment building proposal because it would create increased sewage flows. Mr. Tremere testified that he advised Boyer Palmer it would be improper for -5- the City to permit increased sewage flows from a portion of Palmer's property upon an assumption that such increased sewage flow would be compensated for by an anticipated reduction in sewage flows from Defendant's property to the west because of under- development. 15. In October, 1984, a preliminary plat application was submitted by a Robert Burger on behalf of Boyer Palmer and Bass Lake Development, Inc. This preliminary plat encompassed the tract of land immediately to the east of Defendant's 22.5 acre site and a 3.2 acre portion of Defendant's property located to the south and east of the proposed County State Aid Highway 61 (North- west Blvd.) right-of-way, which parcel was guided under Plymouth's Land Use Guide Plan for residential use. This plat application did not include any portion of Defendant's 22.5 acre site which was commercially guided. 16. On October 19, 1984 and October 24, 1984, Plaintiff's development staff corresponded with Robert Burger and advised him, inter alia, that all of Defendant's land must be included in the Bass Lake Development, Inc. plat proposal and that the entirety of the planned right-of-way for County State Aid Highway 61 (Northwest Boulevard) traversing both Defendant's and Bass Lake Development's property would be required to be platted and deeded to the City .for right-of-way purposes. 17. Plymouth City Code Section 500.15, Subd. 2 requires that in order for any portion of a landowner's property to be considered for platting purposes, the entirety of the land- owner's contiguous property must be included in the preliminary plat application. Plymouth City Code Sections 500.09(0) and 0M. 500.17, Subd. 7 further provide that in connection with the platting of property, all "proposed streets" must be dedicated. Plymouth Zoning Ordinance, Section 4, Subdivision 8 defines the term "street" as encompassing any roadway wider than 16 feet in width. All of the roadways functionally classified under Plaintiff's Transportation Plan and Thoroughfare Guide Plan, from the smallest local street to the largest "principal arterial", are defined under Plymouth Zoning Ordinance, Section 4, Subdivision 8, as "streets". 18. To facilitate and permit a conveyance from Defendant to Bass Lake Development, Inc. of the 3.2 acre residentially guided portion of Defendant's tract, Defendant submitted a preliminary plat application and concept plan to the City of Plymouth on January 25, 1985. Planning Director Tremere was aware at the time of the preliminary plat application by Defendant that it proposed no present commerical development on the portion of the 22.5 acre site designated as the "Quinwood Commercial Center". Although the plat "graphic" submitted along with Defendant's preliminary plat was quite detailed, such detail was required pursuant to Plaintiff's planned unit development ordinance and does not indicate immediate development and/or construction was contemplated by Defendant. 19. The preliminary plat for "Quinwood Commercial Center" depicted the location of the right-of-ways for future County State Aid Highway 61 (Northwest Boulevard) and realigned County State Aid Highway 10 (Bass Lake Road), in conformity with the City's Thoroughfare Guide Plan. The plat contemplated that ultimately "Quinwood Commercial Center" would be divided into -7- eleven lots and have direct access to County State Aid Highway 10 via Quinwood Lane. 20. The January 25, 1985 preliminary plat application of Defendant Mendota, Inc., stated: As part of the overall planning for the area, we are proposing to dedicate the necessary right-of-ways for the proposed Northwest Boulevard (County Road 61) and the relocation of County Road 10 to the south of the site. 21. The June 27, 1985 final plat application of Defendant Mendota, Inc., also depicted and described Outlots B & D as right-of-ways to be dedicated to Plaintiff, City of Plymouth. 22. A City. Engineer's.Memorandum was prepared on or about March 20, 1985, which required that Mendota, Inc. dedicate for minor arterial roadway purposes approximately 1.12 acres of land for County State Aid Highway 10 (Bass Lake Road) and approximately 1.56 acres of land for proposed County State Aid Highway 61 (Northwest Boulevard). The Engineer's Memorandum further required that Defendant incur installation costs involved in placing a 12 -inch water main beneath the County State Aid Highway 10 (Bass Lake Road) right-of-way. The Engineer's Memorandum further required that Mendota, Inc. provide a financial guarantee for one-half the costs of .construction of that portion of County State Aid Highway 61 (Northwest Boulevard) traversing the 22.5 acre site owned by Defendant. 23. On June 29, 1985, Defendant Mendota, Inc. submitted its final plat application for the Quinwood Commercial Center. Consistent with Defendant's plans to undertake no present develop- ment of the Quinwood Commercial Center site, the final plat graphic contemplated the platting of the entire 22.5 acre tract in four "outlots". Outlot A was an approximately 16.4 acre M-3 outlot which consisted of the ultimately "developable" portion of the commercially guided land owned by Defendant. Outlot C was comprised of the approximately 3.2 acre portion of the site which was residentially guided. Outlot C was intended at the time to be conveyed to the developer of the Bass Lake Estates property, and had been included in the proposed final plat of Bass Lake Estates as residential lots. Outlot B contained that portion of the site programmed for County State Aid Highway 61 right-of- way, and was 1.56 acres in size. Outlot D comprised the planned relocated right-of-way for County State Aid Highway 10. Outlot D generally contained the 54 foot wide parcel which had been the subject of the 1975 Agreement to Convey as Easement for Future Right -of -Way Purposes plus an additional 1.12 acres of land. 24. The construction of a 12 -inch water main extending from an existing 12 -inch trunk water main located at the inter- section of County Road 47 and County Road 10 to an existing 12 - inch water main extending south from the City of Maple Grove may, in part, be directly related to ultimate development and construction upon the Quinwood Commercial Center site. Determination of the extent to which such an extension of an existing water main is directly related to the Quinwood Commercial Center site must. -await the actual development of the site and cannot be determined at present. At the present time, the suggested extension of the 12 - inch water main will serve as a direct connection between the water distribution systems of the adjacent cities of Plymouth and Maple Grove and provide an emergency source of water for the general municipal use of the City of Plymouth. 25. On August 26, 1985, after being advised that Defendant WE would not dedicate the County Road rights-of-way and would not agree to finance the construction of the 12 -inch water main and the County State Aid Highway 61 right-of-way improvements, the City Council for Plaintiff denied final plat approval for the Quinwood Commercial Center site. 26. After denying final plat approval for the Quinwood Commercial Center, the City of Plymouth commenced the within action seeking a declaration that the City was authorized pursuant to Minn. Stat. §462.358 and relevant city ordinances to require the dedication of right-of-way for County State Aid Highways 10 and 61. Defendant counterclaimed, seeking a declaration that final plat be granted to the Quinwood Commercial Center without requirement that County State Aid Highway 10 and 61 rights-of-way be dedicated, and without requirements that Defendant incur costs associated with the County State Aid Highway 61 improvements and 12 -inch water main. CONCLUSIONS OF LAW 1. Under Minn. Stat. §462.358, Subd. 2(b), municipalities such as Plaintiff, City of Plymouth, are authorized to, "require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use,as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds, and similar utilities and improve- ments." 2. Municipal dedication requirements which comport with Minn. Stat. $462.358, Subd. 2(b) may be sustained as valid exercises of municipal police power regulation. The imposition of dedication requirements which exceed the statutory authority SID= �A-3 granted pursuant to Minn. Stat. §462.358, Subd. 2(b) constitute "takings" for which just compensation is required pursuant to the Minnesota and United States Constitutions and other statutory provisions. 3. Under Minnesota law, dedication requirements are construed to be reasonable, and thus proper exercises of the police power regulation under the cited statute, if the evidence establishes that the required dedication is needed as a result of the approval of the subdivision and directly related to increased demands for municipal services created by the particular subdivision. 4. The dedication requirements for the right-of-ways for proposed County State Aid Highway 61 (Northwest Boulevard) and realigned County State Aid Highway 10 (Bass Lake Road) are reason- able. Defendant, Mendota, Inc., volunteered to dedicate said property for right-of-ways in its application for preliminary plat approval and in its final plat application. 5. The Court concludes that Plaintiff, City of Plymouth, was authorized pursuant to Minn. Stat. §462.358 and relevant City ordinances to require the dedication of right-of-ways for County State Aid Highways 10 and 61. 6. Under the facts and circumstances of the instant case, the Court concludes that it is unreasonable for Plaintiff, City of Plymouth, to require Defendant, Mendota, Inc., to provide funding or financial guarantees for the construction of County State Aid Highway 61 (Northwest Boulevard) right-of-way improve- ments or for the construction of a 12 -inch water main along the right-of-way of County State Aid Highway 10 (Bass Lake Road) since the proposed final plat of the "Quinwood Commercial Center" -11- 1 contemplated no immediate development and would require further_ City approvals prior to the commencement of any construction. 7. The Court concludes that final plat approval should be granted to Quinwood Commercial Center without requirements that Defendant, Mendota, Inc., incur costs associated with the construction of County State Aid Highway 61 (Northwest Boulevard) or the construction of a 12 -inch water main along County State Aid Highway 10 (Bass Lake Road). 8. In the event Plaintiff, City of Plymouth, is able, at some point in the future, to establish that the actual construction of County State Aid Highway 61 (Northwest Boulevard) roadway improvements or a 12 -inch water main along and under the right- of-way of County State Aid Highway 10 (Bass Lake Road) constitutes a "special benefit" to the Quinwood Commercial Center, the Plaintiff, City of Plymouth, shall have available to it the means by which to specially assess such benefits to the property pursuant to the provisions of Minn. Stat. 9429.01, et seq. ORDER FOR JUDGMENT The Court orders that Plaintiff, City of Plymouth, was authorized pursuant to Minn. Stat. §462.358 and relevant City ordinances to require Defendant, Mendota,.Inc., to dedicate the right-of-ways for proposed County State Aid Highway 61 (Northwest Boulevard) and the realignment of County State Aid Highway 10 (Bass Lake Road) and that the City acted reasonably and within its authority in imposing the above requirements upon Defendant, Mendota, Inc., as a condition of subdivision approval. The Court orders that final plat approval should be granted to Quinwood Commercial Center without requirements that Defendant, -12- �A-3 Mendota, Inc., incur costs associated with the construction of County State Aid Highway 61 (Northwest Boulevard) or the construction of a 12 -inch water main along County State Aid Highway 10 (Bass Lake Road). The Court orders that nothing contained herein shall be construed as a limitation upon the right of Plaintiff, City of Plymouth, to proceed in accordance with the provisions of Minn. Stat. §429.01, et seq., to specially assess the Quinwood Commercial Center property at such time as the roadway improvements to County State Aid Highway 61 (Northwest Boulevard) and a 12 -inch water main along the County State Aid Highway 10 (Bass Lake Road) right- of-way are ultimately constructed. The Court orders that no costs, disbursements or attorney's fees shall be awarded to either party. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: a %S ` 7 BY THE COURT: Patrick W. Fit ge District Judge Hennepin County Courts -13- Park and Recreation Advisory Commission YA Regular Meeting of April 9, 1987 Council Chambers PLEASE NOTE THAT THIS MEETING BEGINS AT 7:00 P.M. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Other 4. Report on Past Council Action a. Approved Final Plans apd Specifications - Parkers Lake b. Approved Final Plans and Specifications - Three Neighborhood Parks c. Parkers Lake North Replatting - Approved with Conditions d. Agreement with City of Wayzata I 5. Unfinished Business a. Parkers Lake Update b. Three Neighborhood Parks Update C. Plymouth Creek Park Master Plan - Brauer and Assoc. d. 1987 Trail Construction Update e. Parkers Lake Bathhouse - Del Erickson Architects f. Purchase of Land on Plymouth Creek Update. 9- 6. New Business a. New Plats b. Park Tour - May C. d. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next Meeting - May 14, 1987 March 30, 1987 Dear Plymouth Resident: SUBJECT: TOWN MEETING, APRIL 13 Because Plymouth is a developing community, there are many actions underway or in the planning stage which may impact upon you. In order to maintain open communication channels with residents of the community, the City Council has scheduled a Town Meeting for Monday, April 13, 1987 for residents of your area. In order to keep the meetings on an informal basis while dealing with specific topics of interest to you, the Town Meeting will be especially for residents living north of County Road 9, east of I-494, south of the Sault St. Marie railroad tracks, and west of County Road 18. The Town Meeting is scheduled to begin at 7:30 p.m. in the Plymouth City Center. On the reverse side of this letter is a list of possible topics for discyssion at the Town Meeting. If you have other matters of interest we will seek to address them also. I encourage you to join Councilmembers Crain, Sisk, Vasiliou, Zitur and myself at 7:30 p.m., Monday, April 13 at the Plymouth City Center. We are anxious to meet you and look forward to this opportunity to discuss matters of mutual interest. If you have any questions about the Town Meeting, please feel free to call your City Clerk, Ms. Laurie Brandt at 559-2800, ext. 204. Sincerely, Virgil A. Schneider Mayor ?937 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 7 ! `r TOWN MEETING AGENDA W AREA FIVE April 13, 1987 7:30 p.m. I. THOROUGHFARES A. Thoroughfare Guide Plan B. Capital Improvement Program C. New County Road 9 I. PARKS A. Comprehensive Park and Trail Plan B. French Regional Park C. Rolling Hills, Schmidt Lake, and Swan Lake Neighborhood Parks D. Zachary Park E. Trails I. HOUSING & DEVELOPMENT A. Comprehensive Land Use Guide Plan B. Plymouth Ponds C. RDC Properties D. Plymouth Professional Building E. Deerwood Glen F. Wild Wings G. Proposed Centex Development V. PUBLIC SAFETY A. Police Activity Report B. Fire Service Improvements V. OTHER ITEMS A. Public Transportation feedback B. City Council meetings on cable television channel 7 C. Solid Waste Recycling Program D. New Water Treatment Plant and Wells 8 and 9 ^O cz - cz N c� _ �MM � 0 .T .W N �aH • � W U N C a N cd b Z U U A a rn N U ryC. a a a o I� a � w c� z H � 0 } N �aH • � W U N C a N U O Z U U A a rn N U ryC. a a a W z U H � �-1 �U�I En 1a'i W Ln N N V...4 ^zea W P+ W O H n H H W U pp cq ao C-4 ��o� F 0 to N o � � N Ccn O•• o pq r- U 0 } N a • � W N P4 I o� N C a N Z Hr,H Z U U A a c7 � H W -b u oda N N �— H p4 U 43 Ccn O•• o pq r- U } H rn N U ryC. a a z U H �-1 0 En 1a'i W N N H W c� W P+ W O H W U pp cq ao C-4 ��o� Oa �^ �, a o NN OM Uou M HM E4 ••U w N�a"•'a O0a oUOU C7 N\ O� UOU o a"•'•a �--1 w a a a ••a 1-4 U O p u zz Z WCC ��[� O UA SO U EO-i a£OU cn N L .moi N N QD N F v1 .NON 10 00 •� N e+1 F - ^ v, N O1 i IVI — a .mow N N C City Clerk & City Council City of Plymouth Plymouth, Mn Dear Sirs; NOTICE OF CLAIM Pursuant to Minnesota Statute 466 you are hereby notified of a claim by James and Paula Peterson for damages arising out of the actions of certain Plymouth police officers wherein James Peterson was falsely arrested and imprisoned for theft on two occasions; first, on October 7, 1986 at his house located at 33 Union Terrace, Plymouth, Mn and secondly, on October 31, 1986 at his place of employment at a-1700 Government Center. Further, that Plymouth police officers wrongfully obtained and executed a search garrant at the home of James and Paula Peterson at 812 Meander Road, Medina, Mn on October 30, 1986 which caused further damages. Plymouth Police further wrongfully partipated in the prosecution of James Peterson for the crime of felony theft until charges were dismissed on Feb. 17, 1986. Plaintiff's have been damaged in many respects, including but not limited to injury to their physical and mental health, professional reputation and reputation in the community, and have suffered general damages as well. The amount of damages cannot be calculated at present but will exceed $100,000. n Sincerely, -TC) O James H. Peterson Paula R. Peterson 812 Meander Road Medina, Mn 55340 PLYMOUTH POLICE DEPARTMENT DATE/TIME REPORT MADE _MESS KE! f QN/ ry(j� N�[M!�NENC NCIC (DENT CAG 'ti.E,C�� � t$ _b _Q1 ��Sk'�J, / MIN 0,Z,7 1 7 0 0 �tDAY: S1M10/7186 3T7W T 1 F S INSR �t! p� At Lpo� _TIME RPQ ITRPILOCATION GRID NBR ILGN) _�..3 I L 6 I / PLACE COMMITTED (PLC) — n � A L !^ m m O O G NOR HRO SCJUAD OR BADGE • ISBN) TIME ASID (TAS) TIME ARR. (TAR) TIME CLR. (TCL) T (�/®/t (, (117/ ll9914�/ 1 9 5 3�/ 2 0 4; 4/ L NOR N UO UCS a/c / ❑ OFFENSE OR INITIAL COMPLAINT❑ VICTIM (IF FIRM. NAMF OF FIRM & NAME OF PROP.) STEVEN WALTER SCOLLARD D.0.8. IF VICTIM IS A PERSON �— TRSON REPORTING F ENSE TO POLICE VICTIM FINDINGS. DISPOSITION OR LOSS OFFICER ASSIGNED ASSISTED BY Lindman Bevop SUPR. APPROVED OE I4ESSI;G,D DATE 6 TIME OCCUR RE Between 9/30/86 $ P44 BUSINESS ADDRESS HRD Codes P - Phone R - Radio A - Alarm I In Person V - Visual M Mall T Other BUSINESS PHONE #541-1150 HOME ADDRESS HOME PHONE 13592 70th Avenue North, Maplje G MN #420-4 OCCUPATION SCHOOL GRADE ;PARENT'S NAMES IF JUVENILE BUSINESS ADDRESS BU5INESS PHONE HOME ADDRESS HOME PHONE ✓SUSPECT: JAMES PETERSON, HOME ADDRESS: 812 MEANDER ROAD, MEDINA, TNtN 55340. HOME PHONE: #478-6267. SUSPECT VEHICLE: #NYFS89, 1985 BROWN DODGE, REGISTERS TO PAULA RAE PETERSON, DOB/6/25/5 SAME ADDRESS AND PHONE AS SUSPECT. PROPERTY LOSS: ONE (1) 1985 RED/ORANGE 8 H.P. YARDMAN SNOWBLOWER, APPROXIMATE VALUE: $90 TO $1,000.00. WITNESS: DAVID MATTHEW SCHU MER, DOB/3/1/64, HOME ADDRESS: 2701 HILLSBORO AVENUE NORTH, NEW HOPE, MN APT. #104, HOME PHONE: #541-0945. Officers received a call of a theft of a snowblower at the above address with both victim and suspect present. Officers arrived on the scene with Officer Lindman speaking with the victim, Scollard. Scollard stated to this officer that suspect Peterson stoled his snowblower and would not give it back. Officer Bevins approached suspect Peterson who was standing at the edge of the roadway in front of 33 Union Terrace Lane to get his version of the situation. I noticed that suspect Peterson kept moving towards as Officer Bevins was talking to him. Officer Bevins called this Officer over to his location and told me that suspect Peterson did not want to talk about the incident or even give his name. Officers explained to suspect Peterson that he was indeed a suspect in a felony theft case and as the police responded to a call he was required to be identified. Suspect Peterson refused to give any verbal or visual type of I.D. to Officers. During this time suspect Peterson attempted to walk away numerous times towards his residence. Suspect Peterson was then escorted by Officers to squad for temporary detention until suspect Peterson could be identified and the particulars of UCS DISPOSTTTOI$heft could be gathered. P - Pending ❑ U - Unfounded ❑ A - CLRD/Arrest Adult ❑ A - Ass st Advised ❑ ENI-EP=D CJRS By G - GOA IJTL ❑ C - Exc./CLRD. ❑ J - CLRD/Arrest Juv. ❑ R - Ref. Otn- Agency 0 0 - Otne• ❑ PAGE #Z •PLW,MOUTH POLICE DEPT. SUPPLEMENTARY/CONTINUATION REPORT OFFENSE ORINCIDENT I I CASE NO. It FEL01' f THEFT 1 #86-' � VICTIM DATE & TIME OCCURRED PREC NO. STEVEN WALTER SCOLLARD Between 9/30/86 $ Present 36 As Officers escorted Peterson to the squad suspect Peterson asked numerous times if he was under arrest. I then explained to suspect Peterson numerous times that he was only being temporarily detained until things could be sorted out. At the squad suspect Peterson was frisked for his and Officers safety. A Swiss knife connecting to a set of keys was removed from suspect Peterson's left front pocket for temporary safekeeping. Witness Schummer stated that he had rented the house at 33 inion Terrace Lane with two other male parties from suspect Peterson up until September 30 of 1986 at which time he moved out. Witness Sdummer had done some yard work for victim Scollard's business and was temporarily storing victim's Scollard aforementioned snowblower in the garage at 33 Union Terrace Lane. When Schummer and Scollard came to pick up the snowblower it was gone. Apparently, this date Scollard asked suspect Peterson for his snowblower back and suspect Peterson contends that witness Schummer still owes him some money and until that money is paid the snowblower will not be returned (victim Scollard has conversation with suspect Peterson on tape). Witness Schummer gave this Officer suspect Peterson's name as Peterson was his former landlord. Suspect Peterson's phone number was taken off a "House For Sale" sign in the front yard at 33 Union Terrace Lane, and suspect Peterson's address was obtained by running the registration on the aforementioned vehicle which was parked in the driveway. Suspect Peterson was very uncooperative and would not even give us his name, therefore, no attempt was made to talk with suspect Peterson involving the theft and therefore no Miranda was given. Being that suspect Peterson was eventually identified by other means suspect Peterson was released at the scene, pending further investigation by investigators of this theft. Also see Officer Bevin's supplement. LINDMAN (tmb) `PL -MOUTH POLICE DEPT. SUPPLEMENTARY/CONTINUATION REPORT OFFENSE OR INCIDENT t CA EO. i Theft 13 ). VICTIM , DATE & TIME OCCURRED PREC. NO. SUSPECT: Jim Peterson Address: 812 Meande Road Medina FINDINGS: As officers arrived on the scene 33 Union Terrace Lane, we observed three males standing outside a vehicle. As we approached, one male approached us, stating that the party standing alongside the road had stolen his snowblower. Officer Lindman started speaking with the male who approached us. I then approached the two other males, who were standing next to the vehicle alongside the roadway. These parties were arguing. I asked the older of the two, the one the victim had indicated was the party who stole the snowblower. if he could provide some identification for me. He stated no, I had no right being there and that he would not give me any identification. He then turned and started walking towards the house. I asked him if he would stop long enough for me to find out what the problem was. He stated that he had a problem and the problem was that the Plymouth Police were there. He then started walking again towards the house. This time I had to step in front of him. I explained to him that we were there because we got a call of a possible stolen snowblower and that our purpose was to find out if there was a snowblower stolen. Once again he stated I had no right being there and that he would not provide me with any information. He then asked if he was under arrest. I told him no, he wasn't under arrest, but I still needed to obtain a name and address from him, as he was one of the parties involved. He stated he would not give me anything. Once again he tried walking towards the house. This time I had to step in front of him. I asked Officer Lindman to step over and help me out. Officer Lindman then approached and explained to the party that we were there in regards to a stolen snowblower and that we were attempting to find out if the snowblower was indeed stolen and who had it. Once again this party explained to Officer Lindman that we had no right being there, that we were harassing him, and that he did not have to identify himself to us. He then attempted to walk away. Officers informed him that we were going to have to place him in the squad car until we could get some type of identification from him and find out exactly what the problem was. He refused to go to the squad car. Officers then walked with him back to the squad car. At the squad car he was patted down by Officer Lindman, who removed a key chain containing several keys and what appeared to be a Swiss army knife approximately 4" in length. During the pat down search the suspect demanded the name of the officers. Both Officer Lindman and myself gave and spelled our names for him. He was then placed in the squad car. Officers then went to the victim and interviewed him and his friends. We then returned to the squad car, advised the suspect of what steps were going to be taken. Onceagain the suspect demanded names; names were given along with badge numbers. M. Bevins L SiD F r F 6 (t 1 r 043 FB' 593 638 F tO OCA P6013133 PETERSCV, JAMES HAROLD W FII 10/19/37 1 a NCiC ' FPC 14 AA C5 13 10 18 53 05 03_12- SEX M HENRY CLASS 14 S 1 A 11 10 L 1 R III PN0271700 POLICE DEPARTMENT I PLYMOUTH MN 10/31/86 December 10, 1986 A search of the above individual's fingerprints failed to disclose a prior arrest record. Please ensure FINAL DISPOSITION is submitted. Warren 12/20/86 IDENTIFICATION DIVISION W Larry L. t -B Rav 10-18-831 FEDERAL BUREAU OF INVESTIGATION Office of the City Attorn _ A-1700 Hennepin County Government Center Minneapolis, Minnesota 55487-0170 Dear Mr. Warren: In response to your letter of December 5, 1986 it is indeed refreshing to see an organization such as your own monitor internal problems with a follow-up investigation including all parties involved. In regard to the alleged felony theft situation, involving an employee in your division, James H. Peterson, Officer Bevins and myself were extremely disappointed in the lack of professionalism displayed by Mr. Peterson. Mr. Peterson refused to identify himself to the officers and acted in an extremely rude fashion. In fact, Mr. Peterson did threaten to sue the officers for his temporary detainment until said officers could ascertain the facts involved in the case. Mr. Peterson went on to proclaim his distaste for officers in general, especially those from the Plymouth Police Department for 'hassling' himself and his wife in the past. It is our opinion that Mr. Peterson did not act in a professional manner, on the night in question, as would be dictated by a station as an attorney with the criminal division for the City of Minneapolis. The offense report particular to this case is enclosed should you need to refer to any particulars. Should you need any further information or assistance, please feel. -free to call. Sincerely";: Craig Lindman'_ Officer PLYMOUTH POLICE DEPARTMENT.' CL:tb Enclosure n pl v!yl( ;f rl-� n(�1.1,.=V-�7 PLS^r10 `H ••I�Jic °- 417 FEI •r t 1 J l �G•i PLYMOUTH POLICE DEPT. OFFENSE OR INCIDENT Theft- ` VICTI Steven W. Scollard SUPPLEMENTARY/CONTINUATION REPORT CASE NO 86013133 DATE & TIME OCCURRED i PREC NO. Between 09/30/86 & 10/07/86 !. 36 CONTINUED INVESTIGATIVE ACTIVITY: On 1014/86 this case was presented to the County Attorney's Office, and I spoke with Assistant County Attorney Thomas A. Weist. Mr. Weist was also given my copy of the tape that I made when I interviewed the victim, Steven Scollard, of his conversation with the suspect James Harold Peterson. After listening to the tape, Mr. Weist requested that I contact the two people who were living in the home in the City of Plymouth, that being Scott Randall Kluck, DOB 06/11/64, current address 10641 Greenbier Road, Apt. 211. I spoke to the victim and requested that he have Scott get in touch with me;on 10/22/86 a written statement was taken at the Plymouth Police Department from Scott Randall regarding his knowledge of the snowblower theft. This was witnessed by Sharon Mohr, the receptionist at the Police Department. On 10/22/86 I spoke to Scott Kluck and obtained the phone number for Dave Schummer, that being Area Code 414/563-2369, or his work phone #414/563-5098. On the morning of 10/24/86 at approximately 0940 hours, I had a phone call with Dave Schummer. Dave indicates that he lived at 33 Union Terrace for 11 months, and while there he was hired by the landlord to do work around the place. Mr. Schummer indicates that the house was in such a state of disrepair that they did not even pay a damage deposit and they hauled out numerous truckloads of trash from the garage and other areas. Apparently David Schummer and Jim Peterson got into an argument because Mr. Peterson was trying to sell the residence and was barging in on Mr. Schumer at all hours, not knocking or giving him any advance warning, and just walking into the house. Apparently Mr. Schummer moved out his items on 09/27/86; however, according to Mr. Schummer, Jim stated that he could live there another 2 weeks if he chose to just so that there was somebody in the home and it wouldn't be standing empty. Mr. Schummer stated that he had let his other roommate, Scott Kluck store the snowblower, which Scott and Steven Scollard were in business with at the residence, and when Dave Schummer got back to town, Dave realized the snowblower had been taken and he was present when Steven Scollard had the conversation with Mr. Peterson on 10/07/86, in which Mr. Peterson admitted to having the snowblower and stated that he would not be giving it back until Mr. Peterson received money he claims was owed to him by Dave and Scott. Dave indicates that he did not owe Mr. Peterson any money, but that even if he did, taking Steven's snowblower was not anyway of accomplishing the intended purpose of Mr. Peterson, that is getting his money back. Dave stated that he would be happy to cooperate in whatever way he could and he could not believe that Mr. Peterson was hanging onto this snowblower when he knew that he was in the wrong. On 10/16/86 I had left a message for James Peterson at his office, 348-2005, to contact me. On 10/17/86 I again left a message, identifying myself as an investigator from the Plymouth Police Department and requesting Mr. Peterson to contact me. As of this time, he has made no effort to contact me. As of this time, nothing further. Investigation continues. M. Ridgley (gs) PLYMOUTH POLICE DEPT. 7— - gs SUPPLEMENTARY/CONTINUATION REPORT OFFENSE OR INCIDENT ASE O. REFI" CTI DATE & TIME OCCURRED STEVEN SCOLLARD CONTINUED SUPPLEMENT On 10/28/86 I spoke with Assistant County Thomas Weist. He stated that we should proceed with a search warrant on the Peterson residence. On 10/29/86 a search warrant was dictated and presented to District Court Judge RcbertE LeN-i; r.ho r_f_v;ewFd anc7 signed said search warrant. On 10/30/86 at approximately 1010 hours, Detective Hanvik and hennepin County Sheriff's Grimsby served the search warrant at 812 N:earder Road. We spoke with Paula Peterson, the suspect's wife who stated that her husband is "pissed" and that she herself has had a number of problems regarding this situation. She stated that she had talked to her husband and he will not tell her where the snowblower is. She stated that it was not in the house and it is not at the residence at 33 Union Terrace. She stated that she has no idea where he has got it hidden. We did a search of the residence, garage, and were unable to locate the snowblower on the premise. Paula Peterson reiterated that she has no idea where it is and she is rather upset with her husband over this whole situation and she herself feels like she is in the middle of this business. She stated that her husband believes that the victim does not fully own the snowblower and that's the reasCn iE rus trkEr Er- "abandoned snowbJower." We left the residence at approximately 1030 hours and a copy of the search warrant was presented to Thomas A. Weist, Assistant Hennepin County Attorney and the original copy was returned to Judge Levy and filed with District Court Clerk. As of this time nothing further. INVESTIGATION CONTINUES MTR tmb PREC. NO. PLYMOUTH POLICE DEPT. SUPPLEMENTARY/CONTINUATION REPORT OFFENSE OR INCIDENT CASE NO. Theft 1 86013133 VICTIM DATE & TIME OCCURREDPREC. NO. Steven W. Scollard Between 09/30/86 & 10/07/86 136 SUSPECT: James Peterson aka James Harold Peterson DOB: 10/19/37 dAd- ress: 812 Meander Road 812 Meander Road, Medina, MN 55340 Medina, MN 55340 White male, 5'1111, 205 lbs, blue eyes Phone: 478-6267 LOSS: One (1) 1985 Red/Orange, 8 HP, Yardman Snowblower, approximate value $900.00-$1,000.00 INVESTIGATIVE ACTIVITY: After being assigned this case, I spoke with Steven Scollard and set up an appointment for him to come in and give me a written statement about the situation, as well as bring along the tape recording of the conversation he had with the suspect James Peterson. On 10/10/86 I met with Steven Scollard at approximately 1500 hours and a written statement was taken from him, in which he states that at no time did he have any agreement with, James Peterson and he was merely storing the snowblower at the residence of his friends, and that the snowblower had not been left in an abandoned state at the residence, and that the victim's friend was in the process of moving his belongings out when he discovered the snowblower was missing. The victim also provided me an opportunity to make a copy of a tape recording that he had made with the conversation between himself and Jim Peterson, in which during the course of the tape, Mr. Peterson admits that he took a "abandoned snowblower" and that at one point Mr. Peterson admits that the snowblower is Steven Scollard's and that if Steven Scollard would make good on debts incurred by Steven Scollard's friends, that Mr. Peterson would give him the snowblower. The victim is extremely adamant about prosecution in this matter since Mr. Peterson is an attorney and makes this admission several times on the tape during the conversation. He also quoted a specific statute number to the victim, indicating that he knew that keeping property of another was in violation of State statute. DISPOSITION/SUMMARY: This case will be forwarded to the County Attorney's office for review. As of this time, nothing further. M. Ridgley (gs LeFc% ere Ld1cr kcnneclN ( )'Brien 1 I ) ra1%-z a Pnifcssional Association 2000 First Bank Place West April 2, 1987 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Mr. James G. Willis Herbert P. Lefler J. Dennis O'Brien City Manager John E. Drawz CITY OF PLYMOUTH David J. Kennedy 3400 Plymouth Boulevard Joseph E. Hamilton John B. Dean Plymouth, Minnesota 55447 Glenn E. Purdue Richard J.Schieffer RE: City of Plymouth v. Mendota, Inc. Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Dear Jim: Thomas R. Galt Drian F. Nolan ' Brian F. Rice Enclosed is a co of Judge Fitz erald' s ruling on our PY g g John G. Kressel motion for clarification of his ruling. You will note JarrtesM.Strommen Ronald H. Batty that Judge Fitzgerald has not modified his earlier order. William P. Jordan The memorandum that is attached to his order indicates Kurt J. Erickson that his previous order was sufficiently clear. William R. Skallerod Rodney D. Anderson Corrine A. Heine The issue that we were trying to get Judge Fitzgerald to David D. Beaudoin clarify was whether the City could require the owner Paul E. Rasmussen Steven M. Tallen of the Quinwood Commercial Center property to pay for the Mary F. Skala appropriate public improvement costs at the time the Christopher J.Harristhal property is replatted. Because Judge Fitzgerald has not Timothy J. Pawlenty Rolf A. Sponheim clarified his ruling, we will need to address that issue at the time that it arises. Please let me know if you have any questions. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ !� J es J. JJT/kjj Enclosure Thomson, Jr. STATE OP'MINNESOTA - DISTRICT COURT COUNTY OF HENNEPIN FOURTH.JUDICIAL DISTRICT - - - - - - - - - - - - - - - - - - - - - - - - - - City of Plymouth, a ) Minnesota municipal :..). ORDER corporation, =� .iT ,:L'.my FILE NO. 85-15359 Plaintiff, ) VS. ) Mendota, .Inc . , a. ) Minnesota corporation, ) -.' Defendant. ) The above -entitled -matter came on for hearing before the - Ai dersig-ned, he-Aindersigned, .Judge off-. District 'Court, .on March 13;. 1.1987; upojn< . plaintiff's motion for. amended Findings of Fact; Conclusions of Law and Order for Judgment, and upon defendant's•'cross-motion for amended Findings of Fact, Conclusions of Law.and Order for Judgment. James J. Thomson, Jr., Esq., appeared on behalf.of plaintiff. Richard h: • Diamond, Esq.,* appeared .on* behalf of..'defend a.nt*.-". Upon all the files, records and proceedings herein, IT IS HEREBY ORDERED: 1. That plaintiff's motion for amended Findings of Fact, Conclusions of Law and Order for Judgment is, in all respects, denied. 2. That defendant's cross-motion for amended Findings of Fact, Conclusions of Law and Order for Judgment is not properly herein. Dated: BY THE COURT: Patrick W. Fitzg d, District Judge Hennepin County Courts f MEMORANDUM Conclusions of Law and Order for The Findings of Fact, are sufficiently clear. The Court has Judgment in this case specifically said that plaintiff may make use of statutorily provided special assessment procedures associated with the cost of municipal improvements benefiting defendant's property. In addition, the Court is of the.opinion that the correct 1e a"1 standards were utilized.`in.rendering the=decision in this -... g - case and; there ;i s.;no need £or any ;clarification of .those starida"rds. Accordingly," P1 Conclusions "s =motion'. :f or amended Findings. of Fact, Conclusions of Law -and Order "f or Judgment is, in .all respects, denied: Defendant's cross-motion for* amended Findings of Fact, Cof Law and Order for Judgment is untimely pursuant 59.03 and, therefore, not properly before to Minn. R. Civ. P. the Court.. Said motion is, consequently, dismissed . PWF Minutes of the Plymouth Park and Recreation Advisory Commission Meeting March 12, 1987 Page 8 Present: Anderson, Bauman, Beach, Edwards, LaTour, Reed, Zitur, Blank and Pederson Absent: Rosen 1. CALL TO ORDER Chair Edwards called the March meeting to order at 8:36 p.m. in the Council Conference Room. 2. APPROVAL OF MINUTES A motion was made by Commissioner Beach and seconded by Commissioner Bauman to approve the minutes of the February meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS There were no visitors present at this meeting. 4. REPORT ON PAST COUNCIL ACTION a. Consultant for Parkers Lake Bathhouse. The City Council approved the firm of Delano Erickson Architects to design the Parkers Lake bathhouse. b. Approved Concept Plans for Three Neighborhood Parks. The City Council 01 approved the concept plans for Amhurst, County Road 61, and Rolling Hills neighborhood parks. C. Approved Study of West Medicine Lake Drive. The Council asked for the cost of a study of alternate roadway and trail locations along West Medicine Lake Drive. d. Approved 1987 Fee Schedule and Policies. The Council approved the 1987 Park Facility Rental Policies and Fee Schedule. 5. UNFINISHED BUSINESS a. Parkers Lake - General Improvements and Bathhouse. The plans and specifications for Phase II improvements at Parkers Lake will be going to the Council on March 16. Director Blank reviewed the cost estimates with PRAC relating to these improvements. He stated that bids will be opened on April 14, and that a contract should be awarded at the April 20 Council meeting. He hopes to have the majority of these improvements completed by July 20. The timeline for construction of the bathhouse was also discussed. Director Blank stated that construction is scheduled to begin sometime in August, so that the bathhouse will be ready for the swimming season in 1988. Director Blank also shared plans for the playground area as designed by Brauer. This is the play area that is being made possible because of a private donation. b. Three Neighborhood Parks Update. A problem has developed with the construction of the playfield area in the Amhurst park. The location chosen is very deep in peat, which is very costly to remove. Therefore, the playfield will be developed over a two year period, which will allow contractors building homes in that area to remove excess clay from basements and haul it to the playfield area. It is hoped that the clay will press the peat down and compact it, making the area suitable for the playfield. Commissioners suggested that Director Blank notify the Amhurst residents of this latest development regarding PRAC Minutes of March 12, 1987 Page 9 delaying the construction of the playfield. C. Plymouth Creek Plan Update. Brauer and Associates will be present at the April Commission meeting with plans for the Plymouth Creek Park. d. 1987 Trail Construction Update. Director Blank stated that Short - Elliot is the consultant who will be designing the trails along Highway 101 from 19th to 26th Avenue, as well as the Fernbrook Lane trail from Highway 55 down to County Road 6. Our own City crews will be finishing the trail on Fernbrook from County Road 9 to Highway 55. The trail along Zachary Lane and the County Road 15 trail will be completed in 1987, also. e. Zachary Park Project Update. With the mild winter we experienced, the construction of the concession/landscaping area went very well according to Director Blank. Crews are now waiting for the lumber that will be used to build the retaining walls, which is expected to arrive by March 25. f. Parkers Lake North Replatting Update. The firm of BRW has been working with United Properties to replat Parkers Lake North. The latest version of the proposed park is now acceptable to staff. 6. NEW BUSINESS New Plats. None. b. Offer to Sell Land on Plymouth Creek for Trail. A resident living along Plymouth Creek has contacted staff regarding her wish to sell a portion of her property to the City for the purpose of building a trail along Plymouth Creek. It will be necessary to have this land, as well as some other property, in order to make the trail connection to 26th Avenue leading to West Medicine Lake City Park. Before any easements can be purchased, however, value of the land would have to be determined. Director Blank indicated that he isn't sure this can be done as quickly as the resident would like who wishes to sell. PRAC urged staff to continue to work with the resident in an attempt to work something out. C. Request for Extension of Trail Along Dunkirk Lane. Staff received a letter from a resident on Holly Lane requesting that the City budget money to continue the asphalt trail along Dunkirk Lane from 30th Avenue down to 24th. PRAC members agreed that this request should be considered in the next budget studies. d. Agreement to Administer Wayzata's Summer Recreation Program. Director Blank indicated that the City of Plymouth may be admin- istering the City of Wayzata's summer recreation program, and that an agreement has been drafted stating that this arrangement will be on-going in the future. Either City can cancel the agreement, however, if done by February 1 of each year. The administrative fee - for running the program in 1987 will be $6,000, and this fee will be adjusted yearly if necessary. This is scheduled for Council review on the 16th of March. 7. COMMISSION PRESENTATION Chair Edwards indicated that she attended a special MRPA meeting for PRAC Minutes of March 12, 1987 Page 10 members of Boards and Commissions held in Golden Valley. The purpose was to study topics for the annual conference to be held in the metro area in 1987. Some of the topics being considered are: user fees, concessions, vandalism, park police, lighting, cable tv in the parks, etc. 8. STAFF COMMUNICATION Director Blank indicated that he was disappointed that members of the Wayzata Soccer Club hadn't attended the earlier meeting held at 7:00 with Athletic Associations. Director Blank reminded PRAC members of the April 9 meeting date, and indicated that several consultants would be in attendance at that meeting with the various park plans. It was suggested that the April meeting begin at 7:00. He also reminded the Commission that they had chosen May 7 as this year's parks tour date. 9. ADJOURNMENT The meeting adjourned at 9145 p.m. 01 IZ61b CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 25, 1987 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Vice Chairman Pauba, Commissioners Wire, Stulberg, Zylla, Plufka, and Mellen MEMBERS ABSENT: Chairman Steigerwald STAFF PRESENT: Associate Planner Al Cottingham Public Works Director Fred Moore Planning Secretary Grace Wineman *MINUTES MOTION by Vice Chairman Pauba, seconded by Commissioner NOTION TO APPROVE Zylla to approve the March 11, 1987 Minutes as submitted. Commissioner Wire requested that his statement on page 60, pertaining to his "concern with allowing mortuaries, funeral homes, and monument sales in the B-1 District as a permitted use", be corrected by deleting "monument sales", as he has no concern about this activity in the B-1 District. The March 11, 1987 Planning Commission Minutes will be corrected as noted. Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Vice Chairman Pauba brought the meeting to order at 7:30 P.M. It was the consensus to place Item 5-A first on the agenda. NEW BUSINESS Vice Chairman Pauba introduced the request by Henry B. 1£TROQUIP, INC. SITE Hayden, Metroquip, Inc. and requested an overview of the PLAN AMENDMENT AND March 2, 1987 staff report by Planner Cottingham. VARIANCES Vice Chairman Pauba introduced Mr. Hayden, who introduced his architect, Mr. George Klein. Mr. Klein stated they would present alternate plans which reflect the concerns re- garding the variance requests. He illustrated the separate variance requests. Commissioner Plufka confirmed that City staff has reviewed these alternate plans as presented. Mr. Klein explained the truck access and circulation for the site expediting the loading and unloading. The plans also call for increased parking and illumination of the boule- vard. The illumination would be no hardship to the neighboring property owner as there are no windows from that building to the Metroquip site. - 61 - _- '�' \C� Page 62 Planning Commission Minutes March 25, 1987 Mr. Klein displayed the graphic illustrating the traffic circulation and the measurements for the curb cut. There would be no increase in traffic to the site, Just easier handling of vehicles on the site including possible emergency vehicles. The additional parking and access are needed for future growth of the company and its security needs. The parking will be screened with new plantings as well as existing vegetation. Commissioner Stulberg inquired if the second curb cut were disallowed would they close the existing drive and open the new one? Mr. Klein stated this would not be the case. Commissioner Zylla inquired about the setbacks. Planner Cottingham explained the drive aisle would be setback 25 ft. Commissioner Zylla inquired if this were new construc- tion, rather than an existing building, would they receive approval for two driveways to Fernbrook Lane? Planner Cottingham stated this would not be the case, Fernbrook Lane is a major collector and curb cuts for direct land access are limited. Commissioner Zylla commented that the statement that the additional drive would speed-up loading and unloading on the site would be more dependent upon the capacity of the dock, rather than the number of drives. Mr. Klein stated they need to account for the number of vehicles and their move- ments; future growth of the company; and, warehouse needs which make it necessary for the two drives to provide the easiest and best on-site circulation. Mr. Henry Hayden, Metroquip, stated that the expanded park- ing and second curb cut will facilitate the loading and un- loading of vehicles. Any increase in their business will bring additional employment to Plymouth, and the need for parking area for additional employees. They want to maxi- mize the utilization of the property. There would be no additional trips per day, but the separation of the entrance and exit is important. Commissioner Plufka explained the designation for Fernbrook Lane which is designed for higher traffic use and any inter- ruption of that traffic could increase the number of vehicle accidents. The City must limit the access to collector roadways and place traffic on ancillary routes. Mr. Klein stated the request for two drives will limit the amount of stacking on the street; will alleviate traffic hazards; and, will improve the traffic patterns. Commis- sioner Plufka stated he does not believe there would be a significant decrease in turning movements by allowing the Page 63 Planning Commission Minutes March 25, 1987 second drive. Mr. Hayden stated the truck traffic arrives at the site on off-peak hours; 7:00 A.M. and again at 1:30 P.M. and opening the site and adding parking will afford the company the opportunity to hire additional employees. Commissioner Zylla inquired if the essence of this entire proposal is the parking and driving? Mr. Hayden stated they tie together and they need the parking capability as stated. Commissioner Zylla inquired if they could acquire land elsewhere for additional parking? Mr. Hayden stated there is no property available and, this alternative would not be feasible or economical for their operation. Mr. Klein emphasized that the parking design is optimum for any expansion and for the secured area on their site. Vice Chairman Pauba inquired about the property on the south and the difference in the variance request. Planner Cottingham pointed out the paved area which could be modi- fied. He explained that this request is for double -loaded parking which will encroach into the setback. Director Moore further explained that the double -loaded parking would encroach into the setback by 18 ft. The setback is from a major collector roadway in a major industrial area where businesses will increase in number and size making it neces- sary to limit access which could hamper traffic movement on the street. There is no need for the north side access, there is adequate access to the site and the loading docks. He explained the parking that could be attained without encroachment and the need for variances. Motion by Commissioner Stulberg, seconded by Commissioner MOTION TO DEFER Plufka to defer action with direction for re -design. Com- missioner Stulberg stated he does not see a problem with the setback to the parking, but agrees with the staff recom- mendation and is not in favor of the additional curb cut. The plan should be re -designed to eliminate the second drive. Commissioner Zylla stated he supports the Motion but does not believe the parking variance is warranted. Expansion of a business is good, however, in this case there is no clear need to grant the variance and set a dangerous precedent. Vice Chairman Pauba concurs with the Motion, and with the deletion of the second drive. He would not be as concerned about the parking variance. Commissioner Plufka stated it is important to give the petitioner clear direction regarding the variance requests. VOTE - MOTION CARRIED Roll Call Vote. 6 Ayes. MOTION carried. Page 64 Planning Commission Minutes March 25, 1987 Vice Chairman Pauba inquired if the petitioner understood the direction for re -design of the plans to eliminate the second drive access; and, that deferral means the item will not go forward to City Council. Planner Cottingham explain- ed an alternative would be for the petitioner to request that the Planning Commission recommend denial and the plan, as submitted, move forward to the City Council for their review. Mr. Hayden stated they would work with City staff and will submit revised plans for review. Commissioner Plufka reiterated the importance to be clear on the front yard setback variance, which is an integral part of their request because of the secured area on their site. Commissioner Zylla stated he could not support the variance request. Commissioner Stulberg stated that when the plan is re- designed there may be other alternatives to further reduce the variance request; however, this was not part of the Motion. He would consider a variance to the parking set- back, but cannot support the second curb cut. Commissioners Wire and Mellen concurred. PUBLIC HEARINGS Vice Chairman Pauba introduced the application by the City of Plymouth and requested an overview of the March 12, 1987 staff report by Planner Cottingham. Vice Chairman Pauba introduced Mr. dames C. Olson, Bonestroo, Rosene, and Anderlik & Associates. Mr. Olson explained the main issues of construction; that this facili- ty would be the second water treatment plant. He stated that the City has chosen to process this request as a private petitioner. He described the rezoning procedure and that the plat wil have four lots consisting of public park, City right-of-way, and the water treatment facility. He explained that this is an essential services building which is permitted by Ordinance as a conditional use in the R -1A (low density single family residential) District. Mr. Olson emphasized the importance of this plant to the City. The site was selected very carefully in consideration of pollutants, the availability of water, and the area of service. There has been major growth in the northeast sections of the City in recent years and engineering reports were completed which verified the location of aquifers, the most cost effective distribution; and, the safety factors m� CITY OF PLYMOUTH REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCES FOR MUNICIPAL NATER TREATMENT PLANT (87013) Page 65 Planning Commission Minutes March 25, 1987 for the project. He stated that the City Council has con- cluded that it is in the public interest to have multiple wellfields which can meet the water demand for the entire City. Mr. Olson stated this will be a gravity filter plant treat- ing 7 million gals. per day and 10 million gals per day dur- ing peak demand. He explained the types of additives used and how the system works; that the plant will produce no noise and no odor; there will be little traffic; no safety hazards; and, the building will be a good neighbor. Mr. Olson introduced Mr. Robert Russek, Architect. Mr. Russek explained the building layout, noting that the build- ing materials will blend in with the surrounding neighbor- hood. He noted the berming and screening and the future location of County Road 9. He showed the sight lines from the residential areas, the scale of the building, and explained the landscaping plan. The theme of the building is consistent with the City Hall, using brick which is much the same color as that used in building City Center. The rooftop equipment is screened. Vice Chairman Pauba opened the Public Hearing. Bruce Flessner, 4115 Balsam Lane, stated he is a neighbor to the proposed water treatment plant. He stated that people are not thrilled with having this treatment plant at this location. He realizes the City must deal with tough issues; however, this is a radical change to this neighborhood. This is a neighborhood of parks, schools, and homes. He is concerned that these homeowners initially looked at the zon- ing in this area and invested in their home, having no idea that a large water treatment plant would be allowed. He stated that even though the architect has stated this is a beautiful building, plans can change and the building may not turn out as well as it is illustrated. Mr. Flessner was also concerned that the landscape plan had been changed without notifying the City Mr. Russek confirmed for the Commission that the most recent drawing was to illustrate the sight lines from the treatment plant to the residential areas; the landscaping plan has been reviewed by the City and responds to the Ordinance requirements. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Plufka to recommend approval for the Rezoning, Preliminary Plat, Conditional Use Permit, Site Plan, and Variances for the City of Plymouth Municipal Water Treatment Plant, subject to the conditions as listed in the March 12, 1987 staff report. • � S Page 66 Planning Commission Minutes March 25, 1987 Commissioner Stulberg explained the water treatment plant is not a change of land use, the building is appropriate and is an essential service to the City. Commissioner Plufka stated this is a good location; the plant will not be intru- sive; and, is a much needed facility for the City. Commis- sioner Wire concurred. Mr. Flessner stated he would prefer to have only homes in this area. Commissioner Plufka noted that a school, church, or fire station would be uses not inconsistent in the residential areas, and that this facility will be less intrusive than any of these. A growing community must provide essential services to its residents. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Vice Chairman Pauba introduced the request by the City of CITY OF PLYMOUTH Plymouth for a Land Use Guide Plan Amendment and Rezoning. LAND USE GUIDE PLAN An overview of the request was presented by Planner AMENDMENT AND RE - Cottingham. ZONING Commissioner Plufka inquired why Heritage Estates 1st and 2nd Additions, and Medicine Lake Highlands were not included in this request. Planner Cottingham explained that those developments had a density greater than 3 units per acre. The areas including Westwood Ridge, Heritage West, and Cates Plymouth Creekside Estates have not developed at the higher density and are being reguided and rezoned for consistency. Commissioner Zylla inquired why this does not occur at the time the land is platted? Planner Cottinqham stated this would be true, however, single family detached homes are an allowable use in the R-2 Zoning District, and because the developments had densities which are consistent with the R -1A (low density single family residential) District, the City, in response to the Comprehensive Plan, is requesting the reguiding and rezoning to notify the Metropolitan Council that this land is not developing as originally guided. Commissioner Plufka inquired whether this could be construed as "spot zoning"? Planner Cottingham stated that when staff reviews preliminary plats, they review the density requested and if that density is below the range for the existing guiding and zoning, a Land Use Guide Plan Amendment is processed to adjust the guiding as part of the record of land use and development. The reguidinq would need to be consistent with the development Locational Criteria as spelled out in the Comprehensive Plan. Page 67 Planning Commission Minutes March 25, 1987 Vice Chairman Pauba opened the Public Hearing. Robert Sondag, 7700 82nd Avenue North, Brooklyn Park, stated that he owns a lot in Cates Plymouth Creekside and that he has submitted a letter to the Director of Community Develop- ment which explains his concern regarding the rezoning of his property. He explained that he bought this lot so that he and his in-laws, who are in their 70's, could build a house together. He had called Maple Grove and Minnetonka who told him he would have no problem in building the home. He favored Plymouth, but was told that he could not build such a home in the R -1A Zoning District, but could build the home in the R-2 Zoning District by applying for a Condition- al Use Permit. He also explained that the developer of this property had placed covenants on the land for single family residential development only. He worked this out with the developer and applied for the Conditional Use Permit requir- ed by the City of Plymouth. This Permit was approved last year. This reguiding and rezoning by the City now compli- cates his plans for this home. He is building the home on 3 1/2 acres and wants to retain the R-2 Zoning. He stated he was required to pay double Building Permit fees to build the home, plus the fees expended for the Conditional Use Permit. Planner Cottingham explained that the City Attorney has advised that the residence would remain an existing non- conforming use and can be used in perpetuity; however, in the worst case where 50% of the home would be destroyed, it could not be re -built as a two-family dwelling unless the owner secures a variance from the City. Mr. Sondag stated he is satisfied with this explanation and thanked the Commission for their time. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg, to recommend approval for the Land Use Guide Plan Amendment and Rezoning as submitted. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioner Stulberg inquired whether on notifying the Metropolitan Council about the reduced density, the City would gain sewer capacity? Planner Cottingham explained that the Land Use Guide Plan Amendment forwarded to the Metropolitan Council will verify less units per acre which provides greater sewer capacity. Page 68 Planning Commission Minutes March 25, 1987 Vice Chairman Pauba introduced the Rezoning request by the CITY OF PLYMOUTH City of Plymouth. An overview of the March 16, 1987 staff REZONING (86130) report was presented by Planner Cottingham who explained that Lundgren Brothers Construction Company was required to process a Land Use Guide Plan Amendment for the Vicksburg West development. The rezoning to R -1A is required to be consistent with the Land Use Guide Plan designation. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to approve the Rezoning of property west of Vicksburg Lane at 22nd and 24th Avenues North. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Vice Chairman Pauba introduced the request by the City of CITY OF PLYMOUTH Plymouth for a Comprehensive Plan Amendment Staged Growth COMPREHENSIVE PLAN Element to allow 70 acres within the Post -1990 Urban Service AMENDMENT, STAGED Area to be served with sanitary sewer. An overview of the GROWTH ELEMENT March 16, 1987 staff report was presented by Planner (87014) Cottingham. Planner Cottingham explained that an amendment to the Sewer Plan for the Bass Lake Heights 4th Addition has been processed. That amendment, along with this request, does not require the construction of trunk lines. The area can be served by lateral extensions. Commissioner Wire confirmed that no other areas in the City could be served by lateral extension and would require the installation of trunk lines. Director Moore explained other amendments to the Sewer Plan noting that providing the service has been cost effective. Commissioner Wire stated concern that the amendment would benefit one property owner and not others who may wish to have their property served. Planner Cottingham confirmed there are no development plans at this time. The property encompasses 60 acres owned by Vern Reynolds Construction Company, and 10 acres that are family owned. This proposal may or may not spur development in the area. Overall sewer capacity was discussed. Director Moore explained that the 8 -inch sewer extensions and 4 -inch lines to the residences are under-utilized for capacity. Commissioners Wire and Plufka inquired about the property at County Road 18 and Bass Lake Road which has had to wait for sewer service. Director Moore stated this area consists of Page 69 Planning Commission Minutes March 25, 1987 industrial land and part of the Harrison Hills development where a pumping station made it necessary to limit the number of lots within that development until service is available. Further discussion ensued regarding the total sewer capacity and the system limitations. Director Moore stated the City is protective of the design of the system and would not jeopardize existing service. Commissioner Wire stated this is a very sensitive issue. Even though this is a special case, other property owners may argue that sewer extension be allowed to open their land for development. Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. Commissioner Stulberg confirmed that direction had been given by the Metropolitan Council to open up land for development if sewer service is available. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval for the Amendment to the Comprehensive Plan Staged Growth Element subject to the conditions listed in the March 16, 1987 staff report based on the Metropolitan Council's direction to the City regard- ing sanitary sewer service. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Commissioner Plufka wondered whether the LA -3 guided areas throughout the City should be reviewed. He had believed that the LA -2 guided areas had more flexibility. Commis- sioner Wire was concerned that these actions will create problems such as that of Mr. Sondag. He wondered whether minor degrees of density difference are worth these efforts? Planner Cottingham reiterated the importance of verification by Amendment to the Comprehensive Plan to notify the Metropolitan Council that development areas are being approved with less density, so that additional land can be available for development. Commissioner Wire stated this can be a problem for people buying land. Commissioner Stulberg was concerned about transition where LA -2 guided areas are becoming LA -1. Planner Cottingham stated that during recent development reviews, staff has brought this to the developers' attention, and time after time they choose not to secure transition. Page 70 Planning Commission Minutes March 25, 1987 Commissioner Wire stated that in view of all the recent discussions regarding streamlining the development process, he sees no need for a Public Hearing for reguiding actions; it would seem that only a report to the Metropolitan Council would be necessary. Commissioner Plufka stated the Zoning Map does not reflect the lesser density, and he concurs that the loss of transition and flexibility is a concern. Further discussion ensued regarding Land Use Guiding; sewer capacity; the recent changes in development that reflect plans for only single family and lower density that may impact the City's housing stock and reduce the number of affordable units; and, serious loss of transition to the high density residential, commercial, and industrial areas of the City. Director Moore gave an example of reduction of high density residential areas which can diminish the promotion and demand for new commercial development, such as in the "Downtown" Plymouth area if this became the case. Commissioner Mellen stated that because of the development trends, it may be beneficial to review land use every five years. Vice Chairman Pauba stated that these topics should be discussed at the Joint Planning Commission/City Council meeting. ADJOURNMENT The meeting adjourned at 9:40 P.M. BUILDING INSPECTION NEWSLETTER CITY OF PLYMOUTH, MINNESOTA BUILDING INSPECTION DIVISION DEPARTMENT OF COMMUNITY DEVELOPMENT 3400 Plymouth Boulevard Plymouth, Minnesota 55447 March 1986 The purpose of this periodic newsletter is to provide another means of communication among the Building Inspection Division, contractors, and developers who are involved in construction work in the City of Plymouth. The content will be designed to outline topics of general interest as provided not only by the City but also by the development community. We believe that by bringing items to your attention in written form as well as verbally, we will improve the quality of service to provide you, as well as the quality of work you provide the citizens of Plymouth. Let us hear from you! If you have questions or comments, please call Building Official Joe Ryan at 559-2800, or drop us a note. SEWER AND WATER AREA CHARGES The City Council recently adopted a Resolution which will revise the rates for sewer and water area charges. The new rates become effective April 19 1987. Permits issued through the close of the business day on March 31, 1987 will be subject to the current rates. I have enclosed a copy of the approving resolution setting forth the increased rate amounts. GOOD NEWS!!!!!!! Recently the State of Minnesota adopted by reference the 1985 addition to the Uniform Building Code as part of the 1987 State Building Code. On March 16, 1987 the City Council approved an ordinance adopting the new State Building Code, effective April 2, 1987. Copies of the 1985 addition of Uniform Building Code are available for purchase at the following locations: North Hennepin Community College Bookstore and the State of Minnesota Document Center. The Minnesota State Division of Building Codes and Standards will also be conducting one day seminars at various locations throughout the Metropolitan Area. Topics of discussion will include the various changes and amendments of the State Building Code. Please contact the Building Codes and Standards Division at 296-4639 for additional information. INSPECTION RECORD CARDS These are the cards issued with all permits to all contractors of all trades. This card is to be posted on the site and protected and maintained on the site until the job is completed. This card contains important information regarding the job and is used to record inspections performed. Please insure that the cards are posted on an adequate support and that the permit number is visable at the time of inspection. Page two IMPORTANT NOTICE TO HOME BUILDERS Once you have applied for your Building Permit, and before you begin construction, please contact Minnegasco at 553-7660. They will tell you how to apply for gas service and mains, and where pipes are buried so you can avoid them when excavating or drilling. When contacting their office please provide the following information: 1. The address of the construction site. 2. A full legal description of the property. 3. The meter location and the metering pressure used by your heating contractor. Questions concerning this information should be directed to Mr. Charles A. Capron at 553-7660. INSPECTION REQUESTS AND MESSAGE SERVICE The Building Inspection Division has implemented a recording device capable of receiving inspection request calls and messages 24 hours a day, every day, for your convenience. The telephone number for this service is 559-2985. This sysvem is designed only for those inspections which do not require "same day" attention such as: framing, insulation, plumbing visuals, mechanical, rough -ins and building final inspections, or for messages to Building Division personnel which do not require an immediate response. Recorded messages will be returned within 24 hours. The recorded messages are checked in the morning and afternoon of each working day. When calling in your request, provide the following information: 1. Your name or company name. 2. Type of inspection needed. 3. Permit number. 4. Address for where work is being done. When used to leave a message, provide the following information: 1. Your name or company name. 2. Your telephone number. 3. The name of the person you are calling. 4. A brief statement, indicating the nature of the call. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota was held on the 23rd day of February , 1987. The following members were present: Mayor Schneider, Crain, Sisk and Zitur The following members were absent: Councilmember Vas1 lou Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 87-132 SETTING WATER AND SANITARY SEWER AREA AND RESIDENTIAL EQUIVALENT CONNECTION CHARGES WHEREAS, the City has obligated itself financially for the construction of sanitary sewer interceptors, trunks, force mains and lift stations, water trunk mains, supply and storage facilities for the benefit of present and future residents; and WHEREAS, it has been determined by this Council that the most equitable and reasonable way of financing said improvements is through a combination of area charge upon land benefited by such improvements, as well as connection charges for specific uses; 61 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following water and sanitary sewer area and residential equivalent connections (REC) charges be and the same are adopted by the City of Plymouth for all land deemed to be benefited from water and/or sanitary sewer facilities which have not heretofore been assessed for said benefits by the City effective April 1, 1987: WATER Area Charges: Residential Zones $ 670 per 1/2 acre or per dwelling unit Business and Industrial Zones $2,015 per acre Residential Eauivalent Connection Charees: Residential Zones $ 535 per dwelling unit Business and Industrial Zones See NOTE 1 below SANITARY SEWER Area Charges: Residential Zones $ 375 per 1/2 acre or per dwelling unit Business and Industrial Zones $1,020 per acre Residential Equivalent Connection Charges: Residential Zones $ 310 per dwelling unit Business and Industrial Zones See NOTE 1 below Resolution No. 87- 132 Page Two AND, FURTHER, the area charges shall be reviewed and revised each January, commencing in 1988, based upon the change in the American City and County Construction Cost Index as published in the American City and County, with the base index being 379.2. NOTE 1: Residential Equivalent Connection (REC) charges for business and industrial zones land shall be applied to each specific use in determining that particular uses water and sanitary sewer REC charges based upon the following: The relationship between the estimated annual demand (volume) for water and sanitary sewer service based upon one REC being equivalent to 72,000 gallons of water and 72,000 gallons of sewage flow per year as projected by the City Engineer for said use. J The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Crain , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Crain, Sisk and Zitur The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 27, 1987 TO: Al Volunteer Firefighters FROM: James G. Willis, City Manager`.. SUflJECT THANKS FOR A JOB WELL DONE! \� We have completed our review of personal injury and vehicular accident statistics for calendar year 1986 as part of our process of rebidding the City's automobile and general liability insurance. The records show that, thanks to you, 1986 was a good year in terms of minimum loss due to vehicular accidents and personal injuries. This excellent accident and injury record is only possible through each employee's continuing concern for safety. To show our appre- ciation for a job well done, the City will be providing a light dinner for all City firefighters desiring to participate on Wednesday, April 8 at 6:30 p.m. at Fire Station II. Once again, conqratulations on a job well done! JGW:jm cc: Mayor & City Council \ QL_.1 Ehlers and Associates, Inc. L E A D E R S I N P U B L I C F I N A N C E OFFICES IN MINNEAPOLI ESHA 507 Marquefle Avenue �Vv, o, March, 1987 A BI -MONTHLY PUBLICATION Minneapolis, MN 554021255 • 612 339 8291 VOLUME 32, NUMBER 6 F I LE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members %i ' ( �: The true impact of the Tac -R' Act of 1986 (TRA) is beginning to take form, and tax "simplification" is not part of it. New phrases such as "qualified tax-exempt obligation", "rebate", "volume caps", "public purpose" or "private activity", now are part of municipal finance. Financing options now to be considered include taxable bonds, government purpose bonds, and tax-exempt private activity bonds. These and other options should be examined by your financial advisor. We have included a short summary of the major changes and hope this will be a helpful guide. Tax-exempt interest rates have been heading downward and are lower than they have been in the last ten years. This resurgance of lower rates appears to be driven by more demand and less supply of municipal bonds in the market. This is particularly true for "qualified" tax-exempt obligations. Only municipalities that issue $10,000,000 or less in government activity bonds each calendar year can designate their bond issues as "qualified". Banks can continue to write off 80% of their holding costs only for "qualified" tax-exempt obligations. No longer will the large issuers (over $10,000,000 in one calendar year) affect the supply of these bonds. The demand for qualified bonds provides a special incentive for all "qualified" tax-exempt bonds to be sold at a public sale. Qualified bonds are selling at rates 1/4 to 4/10 or I% lower than unqualified government purpose bonds. All tax-exempt municipal borrowings including lease purchase, bank loans, and bond and note issues have to be reported to the Internal Revenue Service on recently released forms. Borrowings of $100,000 and larger must be reported at the time of issuance on form 8038-G. Smaller transactions under $100,000 must be reported annually on form 8038 -GC. Failure to report results in the loss of the tax-exempt status. Ideas Worth Pursuing: - Some bond issues sold in the mid -1970's can now be refunded with lower coupon rates and overall savings to the issuers. Check the call dates. They may be refunded after publishing a 30 day call notice. - Now is the time to also look at refunding high interest rate bonds of the 1980's. Temporary financing and balloon payments can be extended at coupon rates of 4% to 6%. - When determining refunding feasibility, be careful if large amounts of cash are required to do the refunding. The same cash outside the refunding might be invested unrestricted at an interest rate 1 to l 1/2% higher than in the refunding. In this case you may be better off not doing the refunding and investing this cash at an unrestricted rate. - Government activity bonds include bonds for streets, sewer and water has been specially assessed against a private property owner. This includes special assessment "B" bonds in Wisconsin, 429 improvement bonds in Minnesota, special assessment bonds in Iowa, and refunding improvement bonds in North and. South Dakota. These special assessment bonds are one of the few ways left that a municipality can help open up areas for development. If we can be of any service to you, please call us. Very truly yours, E7LEAND ASSOCIATES, INC. S. Apfel Director Summary of Key Impacts From the 1986 Tax Reform Act (TRA) Before TRA After TRA "Qualified" Tax Municipalities or their Municipalities or their subdivisions Exempt Obligations subdivisions did not have any can only designate public purpose limit on bonds that would be bond issues as qualified if bank deductible $10,000,000 or less in bonds are sold each calendar year Private Activity Exceeds 25% of private use, no Exceeds lOx for private use Bonds volume cap, no alternative subject to alternative minimum tax minimum tax for individual for individuals and volume cap limit Bank deductibility Any tax-exempt issue 80% of interest deductible Limitation on issue No limit related expenses Volume cap limits No volume caps for private activity municipal issues except for IRB & Housing bonds Issuers of government activity bonds $10,000,000 or less in one calendar year 80% deductible 2% of bond issue limit on private activity bonds Must get volume cap to issue private activity bond. $75/ capita in 1987, $50/capita in 1988 Rebate excess No rebate except for industrial Rebate calculated if borrower issues interest savings revenue bonds over $5,000,000 in one calendar year to Federal Govt. and proceeds not spent in 6 months or earn over $100,000/year in sinking fund Debt reserve Advance refundings Early issuance 1120a Reasonably required debt reserve No more than 101. of bond issue up to 151. of bond issue No limit on number of advance refundings, rate limit (TIC) included issue related costs to increase investment rate, minor portion could be invested at unlimited rate and be up to 157. of original issue, IRS adjustment allowed to increase TIC Proceeds spent in 3 years Limited to one advance refunding for all issues after January 1, 1986, investment rate excludes issue related costs, minor portion is 5% of original principal or $100,000 whichever is less, source of minor portion subject to how far out the proceeds can be invested, IRS adjustment not allowed on issues over $5,000,000 Proceeds spend in 3 years SSc_io� OO A %o < [ S 2 S o < p n A QX ^ ry q _. 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This inspection was initially requested and recorded by our office for 11:30 A.M. that day. Prior to the requested time, the inspection was cancelled, and rescheduled later in the day. At the time of our inspection, there was no evidence of an approved survey, an approved plan, or an inspection record card verifying the issuance of a building permit by our office. A cement truck was on the job site waiting to pour concrete into the partially completed form work. After receiving a call from Building Inspector, Arnie Rasmusson, I contacted your office to verify the reason the required information was not made available. You indicated to me that the materials were provided to your cement contractor, and that you were not certain why they were not present on the site. I indicated that, unless the items were made available within a short period of time, our office would not be in a position to approve the placement of the concrete. A short time after our discussion, your cement contractor called me from Burnsville, indicating that he was aware of the problem, and that he had a copy of the survey in his vehicle. He also indicated that the inspection record card, approved plan, and approved survey had not been provided to him from your office. I informed your cement contractor that Building Inspector, Arnie Rasmusson, would need to verify whether the required minimum setback criteria was met prior to the placement of any concrete, and that the required information would need to be submitted to our office prior to the end of the working day. The concrete was poured, the information was provided, and, after verification by our office, the footing inspection was approved. A situation similar to this occured recently on another home constructed by your firm where sheetrocking had occured prior to receiving any approval from our office for the framing and insulation inspections. I would like to take this opportunity to identify the inspection procedure you are required to adhere to when building in the City of Plymouth. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 Page 2 3/30/87 VanEeckhout These procedure are as follows: 1. Inspection Requests: Each request for inspection must be filed with our office at least one (1) working day before such inspection is desired. Each request shall include the permit number, site address, contractor name, and the type of inspection requested. It is the responsibility of the person doing the work authorized by a permit to notify our office when such work is ready for inspection. 2. Inspection Record Card: Work requiring a permit shall not be commenced until the inspection recorded card has been posted in a conspicuous place on the premises, and in such position so as to allow the Building Inspector to conveniently make the required inspection of the work and record that inspection. These cards shall be maintained on the property until such time final building approval has been granted by the Building Inspector. 3. Approval Required: No work shall be done on any part of the building beyond the point indicated in each sucessive inspection without first obtaining the approval of the Building Inspector. Such approval shall be given only after an inspection has been made on each sucessive step in the construction. There shall be a final inspection of the building when completed, prior to any use or occupancy. 4. Required Inspections - a). Footings: To be made after excavations for footings are complete and any required reinforcing steel is in place, but, prior to the placement of concrete. A stamped "approved" plan and survey shall be available on the site at the time the inspection is to be made. The job site address shall also be posted on the property. b). Framing: - To made after the roof, framing, fireblocking and bracing are in place, and all pipes, chimneys and vents are complete,and the rough electrical, plumbing and heating pipes and ducts are approved. Engineered truss drawings shall also be made available and posted on the job site. c). Insulation: To be made after the framing inspection has been approved. d). Final : To be made after all plumbing, mechanical, and electrical systems have been completed and approved, and the finish grading is performed. Four inch minimum house numbers must also be provided. I have enclosed for your use, a checklist indicating the information required prior to obtaining an inspection. The purpose of the items referenced is to provide assurance that you fully understand the current regulations and procedures relating to the issuance of building permits and required inspections, and is to serve as confirmation that you will conform to these requirements during the construction of your homes. Page 3 3/30/87 VanEeckhout Chuck, It is important to see that these requirements are being met if we are to continue having a cordial working relationship with your firm. Please contact me should you have any further question. Sincerely, Q4� Joe Ryan Building Official cc: Frank Boyles, Assistant City Manager Arnie Rasmusson, Building Inspector file CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT BUILDING INSPECTION DIVISION 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55447 559-2800 EXT. 224 Information Required for Inspections FOOTING INSPECTIONS U fob Site Address Posted ❑ Permit Card Posted U Approved Plans and Survey available ❑ Engineer's Soil Report available (when applicable) ❑ Excavation and Form work completed FRAMING INSPECTIONS ❑ Inspection Record Cards Posted for all permits ❑ Rough -in Electrical, Plumbing, and Mechanical work inspected and approved U All framing, fire blocking and bracing in place and completed ❑ Approved fob Site Plan available U Engineered truss drawings available and posted INSULATION INSPECTIONS ❑ Framing work inspected and approved ❑ Insulation and vapor barriers in place and completed FINAL INSPECTIONS ❑ Permit Cards posted ❑ Final Electrical, Plumbing, and Mechanical work inspected and approved ❑ Four -inch minimum house numbers provided ❑ Finish grading and building completed and ready for occupancy bldg(defslist)1.1 PAUL S. VOLSTAD Licensed Public Accountant Enrolled To Practice Before The Internal Revenue Service SUITE 100 • 13895 INDUSTRIAL PARK BLVD. • PLYMOUTH, MINNESOTA 55441 • PHONE: (612) 553-1875 .----- ` A March 30, 1987 Mr. Jim Willis Village Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim: Vs 1. ♦1.l fllit%�ilj) I received a news report from the Berean League. One of the feature articles is dealing with the Mr. Movies outlets. As you know the Council had approved a Mr. Movies outlet on County Road 6 and Highway 101 and I had been into the shop and can confirm some of the things that are stated in the article. I would appreciate if you could somehow either alert the Council to this problem or have someone else look into the matter. Yours Ve y truly, aul S. Vo stad Licensed Public Accountant Enrolled Agent PSV/cco Enclosure cc: The Berean League MINNESOTA CLEARINGHOUSE TO ELIMINATE PORNOGRAPHY March, 1987 Vol. 1, No. 3 Porn Is in Your Neighborhood THIS FAMILY ENTERTAINMENT CHAIN WITH OUTLETS IN YOUR NEIGHBORHOOD FEATURES A WIDE SELECTION OF TRIPLE -X-RATED MOVIES. Videos for rent on open display: Taking It Off --"Featuring ... the hottest exotic acts ever filmed." 9-112 Weeks--"... an exotic odyssey to the limits of sexual obsession." Cinderella--"... sexually explicit material not for young viewers." r Some of the X to triple -X rated videos displayed in three-ring binders in front of the counter are: This Babe's for You, The Angel of Night, and Pamela. For promotional purposes, all of these are portrayed with full-color, sexually explicit photographs. The titles sound harmless, but the contents are not. CLEAN UP Project director Bob Heinrich notes, "I visited one [of the Mr. Movie outlets] in Long Lake on Sunday evening, Feb. 24, prior to a speaking engagement at a church. I engaged two clerks in a conversation and asked them what percentage of the gross receipts would be in X-rated Go to Movies, page 2 movies, and they said 20-25 percent." X-rated videos are rented and held on display in such "family entertainment" centers as this one. Mr. Movies isn't the only movie rental outlet carrying sexually explicit films, but it does present itself as a family- oriented operation and has many outlets. Informal research to date indicates that seven out of eight video outlets rent X- rated videos. Are you being discriminating about where you rent videos? Please inform CLEAN UP Project of those stores that refuse to trade in X-rated videos so that we can publish their names in future issues of the CLEAN UP Reporter. For a list of Mr. Movies locations and phone numbers, see your Yellow Pages. CNA INSURANCE COMPANIES P. 0. Wx 9322 tAnneapolis, tfd 55440 Varch 30, 1967 Mr. Dale iia:xz, Finance Director City 'Of •Plynputh 400.Plymm*h blvd. Plymouth, Mcg( 55447 RE: l o m Control t.,ervice Visit of *,Arch 11, 1987 Dear tom'. tiahns 'Ibis letter eonfirais ray most recent loess control service visit to your location on the above mientioneci date. As in the past, the purpose of my visit was to keep you up to date on current losses 4iich have been paid, update underwriting information and be of any general assistance. in the area of loss control. As you will recall, we initially reviewed the L&,S lobs report for the period I-lebruary 1, 1986, to February 1, 1987. 1b briefly summarize, under the property section there were two claims ar+jaunting to $1,562.00 in paid losses. on June 16th, there was fire damage to equips,- t in the arnt of $880- 00 the other claim in this area carne about when security grills were damacjed in one of the city's buildings in the amount of $682.10. Under the automobile section of the report, we noted heat them: were eight accidents anxxaitirxg to $873.54 in paid losses with reserves set at $5,367.00. -1he specifics of those claim were reviewed with you at that trams. Under the general liability section, there were seven accidents amounting to no money paid thus far with an outstanding reserve of $26,149.00. Approximately $21, 000.00 of that reserve is attributed to thoae nine water damage claims wren water backad Grp into the claimant's basement. In the past few months, I have had the opportunity to sit in on many of the city's safety cmudttee r,>eet Ings. I would like to oaaplement the efforts of this committee. 1-kuTy of the municipalities I service, oanpare their programa to the city of Plymouth. In seeing tiv: struggle many oryanizations undergo in fonadat imj a safety program, I can appreciate the amount of work and direction it has taken you to get where you are. CNA Por All the Commitments You hlske• CNA INSURANCE COMPANIES mr. Dale Hahn, klmwrce Director - 2 - =— V3C... March 30, 19137 In tlw_. upoaaukj tenth, I will be wuri+irrcl with frank Boyles in surveyhr3 some of t;ie city parks. Once again, I kupreciate your time. If I can be of any further service, please feel free to cwtact we. Respectfully, ltmld D. Garrett, A. S. P I Des Control Specialist Continental Casualty ConV nY (612) 339-0661 RDG : rb (T7 cc. ltl . frank Doyles, E,ssistal-it City %manager t.% Mr. Wn Kuplic, Kraus -Anderson Insurance Agency, Inc. CNA For All the Commitments You Make• TwinWest* CHAMBER OF COMMERCE Woodside Office Park 10550 Wayzata Boulevard Minnetonka, Minnesota 55343 (612) 540-0234 March 26, 1987 Jim Willis City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim: =_ \3d Just a short note to thank you for your participation in our March "State of the City" Coffee Breaks. The response from our membership has been tremendous. Each year the attendance continues to grow. I also want to thank you for your overall support of TwinWest. Thanks to your help, our "Local Focus" efforts are solidifying TwinWest's pre- sence in Plymouth. Without the support of your elected officials and city staff this would not be possible. Thanks again. Please do not hesitate to call on me if I can be of service to you. incere y f/ D1vid C. Olson President DCO: sf * SERVING CRYSTAL, GOLDEN VALLEY, HOPKINS, MEDICINE LAKE, MINNETONKA, NEW HOPE, PLYMOUTH AND ST. LOUIS PARK „��' ”- .i./.,Y• � r ^rte,. (,� -� �'k,Z.k j f 3r.J6z, r Vie-'. F p, - asP; :y. 'e�7ci.'.F x°.� 2 •- � L `!,yam FFMi6;� r`s4" `f't@ M'; �-` �` a ?•. Y < �? �'�"�'� i .. M ��� ,`'k saa'k � (' _ ,y�T . >! 'Gw'r r,`� w13� � ti..�„�y. hcrA � ..i ,t �� `Y. s�d " �' 7 i r •ir R�' r.fl, •.T y . :.� ,� � r. r x < °s°j tiz'�r,' 1 'kr !� � �iv'>} ;. a a•'. �,� "'k� _ "�t ;� .LY�,,.3- ;y � f ,� v'j . t.. �. y,4-� rti .',"J�sf�ir �:. ik�'r+`_ �• �! _ ,:- f�1l E. 7As,Dr� to :��'F d� * • - %". n > ;:k` s'!F v � �c �. �# - $Y �� t•�ra �t>r a+ � 7 F 1�-;y1"i`,?�` .�,Psye,.�-'� ii y �`. . .x'tijfF�,,��,� ^RX r •".e.. y�sf 2.Y • d � \ x � t el. t-- Zwv�i.3t-. yy .p � • 3 1 +� � w As ^ � - �f7xc,'. - s..�r 'R: f i7 - 4 k' i -. t � •e?•`,'�`;± Zr� ^ 'i .'` `:i a- - � - yr�`'�Sit�S� ��\\• $�'! ai�'S T�- yy.� IllyAM " r' r+yti r,.,�• i. y`.. Ys ,2�Y .Kcy's} t,sr �,� y}`,s•.�:: I � � T:. Yg •i�-``'� r y} x ,l`y Y� � 'S� �- r ♦ x "Rs� pif-t ,� �'1t�,+�,�„' ,�. a�r'�� `�,j` - -a .�. . ��� .a m..n.wa.�rla F�, i� rp,. �s4i• � �r T "`n'i�•jt s r .r - "0n`�S+9e -+'> "S r Z �'{�3`-2.e+'n`•ii�a5�°}.� !f'.��z •. ° i LIL +Y Y . � s' � 1. 3.1 s�( .' ft''' " 1 •" 1` s 4 ..t aRi J 4. cz f r +'���+,-^� s.. - �� �• `"� i � k'� r rid � `.,.��,, _ a fit � Ft�q. i k `, '' y.rx - • "... 7.+*�R YsC+v t ���c..s a ,� +Y r�R�L C S Sq} T�.k +ai :qe.... `f _ -. e'r- � t'S"`.'�R '; �" �'C�• %��. r � DONALD J. FRALEY 1469 LARCH LANE NO. PLYMOUTH, MN 55441 Mr. Dick Pouliot Project Coordinator City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Mr. Pouliot: March 30, 1987 I am writing you on behalf of the West Suburban Mediation Center Board to which I was appointed as your replacement. The Board wishes to express their thanks to you for your interview granted to Betsy Dick who wrote the article on W. S. M. C. for the Plymouth Post. The insights you provided from your experience as a mediator as well as a Board member were a valuable contribution to the article. Your input to the article was a promotion to mediation in general and W.S.M.C. in particular and was very much appreciated. Yours truly, 2 Donald J. Fra ey March 23, 1987 Bill Hanvik City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55441 Dear Bill, I would like to take a minute to thank you for your presentation on Drugs. I felt it very beneficial to many of our Supervisors and I think it opened up a few eyes. Many of our Supervisors are middle aged males from the far Western Suburbs who had never been exposed to Drugs. Your presentatiol was especially helpful to those individuals. Thanks again for your valuable time. 01 Bob Allen Assistant Plant Manager ADVANCE MACHINE COMPANY cc: Ron Ray Dick Carlquist - Chief of Police ADVANCE MACHINE COMPANY SPRING PARK, MINNESOTA 55384 PHONE (612) 471-8481