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.)
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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
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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,
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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
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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
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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
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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
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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
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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=
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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
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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
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March 30, 1987
Chuck VanEeckhoutCITY OF
1935 Wayzata Boulevard PLY�IOUT�+
Long Lake, MN 55356
Dear Mr. VanEeckhout:
The purpose of this letter is to summarize the events which took place on March 26,
1987, concerning a footing inspection your office requested at property located at
4505 Trenton Circle North.
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
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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