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Home My WebLink AboutCouncil Information Memorandum 02-26-1987CITY COUNCIL INFORMATIONAL MEMORANDUM February 26, 1987 UPCOMING MEETINGS AND EVENTS..... 1. PARK ARCHITECT INTERVIEWS -- Monday, March 2, 5:30 p.m. The Council will conduct interviews of park consultants for the Parkers Lake Bathhouse in the City Council conference room. Dinner will be provided to Council members at 5:00 p.m. 2. REGULAR COUNCIL MEETING -- Monday, March 2, 7:30 p.m. Regular City Council meeting in the City Council Chambers. 3. TOWN MEETING - AREA 4 -- Monday, March 9, 7:30 p.m. The Town Meeting for Area 4 residents will be held in the City Council Chambers. Agenda attached. (M-3) 4. MARCH CALENDAR -- The March calendar of meetings and events is attached. M-4) 5. LEAGUE OF MINNESOTA CITIES - LEGISLATIVE ACTION CONFERENCE -- The 1987 LMC Legislative Action Conference is scheduled for Tuesday, March 10 at the St. Paul Radisson Hotel. A copy of the conference program is attached. A reception for Legislators and State officials will follow the conference at 5:30 p.m. If you can attend the conference, please contact Laurie in order that you may be registered. (M-5) FOR YOUR INFORMATION.... 1. METROPOLITAN COUNCIL'S WATER RESOURCES MANAGEMENT AND DEVELOPMENT UIDE -- The Metropolitan Council has recently amended a Subject Cuide to provide for the construction of a parallel interceptor sanitary sewer from Plymouth to Minneapolis. This new force main will provide ultimate designed sewer capacity for Plymouth, projected at 17.445 million gallons per day. Construction is contemplated for 1988. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM February 26, 1987 Page two 2. SPECIAL ASSOCIATION OF METROPOLITAN MUNICIPALITIES MEMBERSHIP MEETING -- A special meeting of the AMM has been scheduled for 7:30 p.m., Thursday, March 12 in the St. Louis Park Recreation Center, 5005 West 36th Street. The purpose of this meeting will be to consider a proposed AMM policy urging modification of the Fiscal Disparities Law. A Committee of the AMM has spent a qood deal of time working on a proposed policy which would have the effect of moderating the impact of fiscal disparities on communities which are currently major contributors. The proposed changes would be implemented over a period of several years and would slow the growth of the fiscal disparities pool. Because there are a larger number of "winners" than "losers" under the current arrangement, it is anticipated that the vote on this issue may be close. It is particularly important that Plymouth be represented in support of the revised policy. If the policy is adopted it will be presented to Legislature in hopes that it might be acted upon this session. 3. LITIGATION: a. Steve Simonson Harassment conviction appeal -- I have received from the City Attorney's office a copy of Steve Simonson's Brief and the City's response to his appeal which is being made now to the State Court of Appeals. Copies of the two documents are on file for your review in our office. b. Foreman vs. the City of Plymouth -- I have been informed by Mr. James A. O'Neal of the Faegre and Benson Law Firm that the Public Safety Director and I have been dismissed from this case. The Court has also dismissed claims for punitive damages against the City. The City still remains a Defendant in the case on Mr. Foreman's claim for compensatory damages. This case, as you may recall, results from an incident in which Ron Foreman was stopped and charged with DWI by Officer Sohn T. Stirratt. The case is being defended by the City's insurance company which is using the Faegre and Benson firm. 4. TRANSITION -- Sara McConn, Community Development Coordinator, has submitted her resignation effective March 13. She will be returning to Woodbury as a City Planner. Prior to coming to Plymouth in 1981, she was employed in Woodbury, where she presently resides. 5. SOLID WASTE HAULERS MEETING -- On Tuesday, February 24, a meeting was held to discuss the Organized Waste Collection System with licensed Solid Waste Haulers in the City. Attached is a memorandum from Dick Pouliot summarizing the meeting. (I-5) 6. MINUTES: a. Plymouth Advisory Committee on Transit, February 18, 1987 (I -6a) CITY COUNCIL INFORMATIONAL MEMORANDUM February 26, 1987 Page three 7. ASSESSMENT APPEALS - CARLSON CENTER 3RD ADDITION & ADJACENT AREA PROJECT 426 -- In 1985 the City adopted the special assessments for the improvement of old County Road 15, Zinnia Lane, Berkshire Lane and 5th Avenue in and adjacent to the Carlson Center 3rd Addition. As a result of the assessments, nine property owners filed with the District Court their intent to appeal the special assessment. Four of the property owners dropped their appeal, but the other five continued to process the appeal with the court. Before going to trial before the District Court Judge, the court established a process of arbitration to see if a settlement could be reached between the parties. Although the arbitration is not binding on either party, the arbitrator does make a recommendation to the court. The arbitration hearing was held on all five assessment appeals on December 12, 1986. The City was represented by Ron Batty of the City Attorney's office, and Fred Moore. All five property owners were represented by their attorney, Allen Albrecht. At the conclusion of the arbitration, a proposed agreement was reached between the City and the property owners. The details of how the agreement affected each of the five individual assessments was to be calculated by the attorney for the property owners and sent to the City Attorney's office for review. The City Attorney's office received the material for review on February 9. The total amount of the special assessment against the five property owners is $22,553. Our agreement reduces the assessment to $9,958, or a reduction of $12,595. This is a 56% reduction in the assessment. The reduction applies equally to all of the property owners. The attorney for the property owners is to prepare the necessary documents for the District Court. After the documents are received from the court, we will prepare a revised assessment roll for City Council adoption. S. NOTICE OF CLAIM -- Attached is a copy of a Summons and Notice of Trial in Conciliation Court filed by David A. Williams Realty & Construction, Inc. against the City of Plymouth concerning a sewer and water connection at 440 Zinnia Lane. We believe the claim is without merit and will so represent in Conciliation Court. (I-8) 9. TYRA'S COUNTRY STORE -- The attached article features the Tyra's Country Store operation. (I-9) 10. CORRESPONDENCE: a. Letter to Blair Tremere from K. James Guddal, concerning Blair's participation at the February 19 Minnetonka/Plymouth Rotary Club meeting. (I -10a) CITY COUNCIL INFORMATIONAL MEMORANDUM February 26, 1987 Page four b. Letter to Mr. Larry Begin, 4300 Fernbrook Lane, from Frank Boyles, concerning the abatement of a salvage/junk yard from his property. (I -10b) c. Letter of recognition to Police Officer noel Franz from Dick Carlquist for outstanding police work in the investigation of a motor vehicle theft. (I -10c) d. Memorandum from Bob Zitur complimenting Bob Fasching on his response to a resident request for information on the City's water system. (I -10d) James G. Willis City Manager JGW:Jm attach TOWN MEETING AGEMA AREA FOUR March 9, 1987 I. THOROUGHFARES A. East Medicine Lake Boulevard from 26th Avenue to 36th Avenue North B. County Road 9 improvement between County Road 18 and I-494 C. Zachary Lane improvements, 36th Ave. to County Road 9 D. 13th Ave. and County Road 18 improvements I . PARKS A. Hennepin County regional trail along East Medicine Lake Boulevard from 36th Avenue to 13th Avenue B. French Regional Park I. PUBLIC SAFETY A. Public Safety Report B. Fire Service Improvements V. OTHER ITEMS A. Public Transportation feedback B. City Council meetings on cable television channel 7 C. Water Treatment Plant and Wells 8 and 9 D. Solid Waste Recycling Program i ct ct I N r� ■a` n .Cz V N N N O, 3"0D NN ri a � N N O r � N N N H H W r7 G wl H O U U W oi n �i "a 1 Now 4 14z• a r-1 � H a H al N s °° N r+ E E zow w G; o; r•no�N U A C m z O H kr In ao N W W �O t\ cz PQ 00 Ln U w \ C � y..� � o U V' M 5z^UI I z^U En 00.4 w a U' 'I I U al' z w �. H Pq z cz v M o a r -r N M AaU O � O•• O W � U N co H w H w H w L H G i+ G •�L tp U a '�, w PL4 �U \ H z,�fxl zZ0 USP co 'b •� G AH a Ho z o0a; M w ow 0 pw N o u W U�U H U �� oUOU ^�f�1..1 o NUA UOU oW zUoc M 41 1�H U U E r7 U H H U U> H C 00 OM 3 Gl U C9C9� w � W �' wu HN0U HNO W C9 w BR owcD~ tr1U/1 i w aU H�� w (� P4U tiaOq�Cc�n U U� ��rFC i i I c 00 to N Q*N Cf)I The biggest tax changes of the last 20 years could occur this year. . Find out how property tax proposals would affect your city. • Hear from key lawmakers. • Get tips on how to lobby the Legislature on city issues. . Talk with your legislators. Don't miss the League of Minnesota Cities Legislative Action Conference. Tuesday, March 10, 1987 A—ls 1987 Legislative Action Conference Your chance to find out what's at stake for cities Be sure to clear your schedule for The program offers a valuable oppor- you're in St. Paul. City Day on the Tuesday, March 10, so you can attend tunity to hear directly from key law- Hill, a part of the conference program, the 1987 LMC Legislative Action Con- makers. The League urges you to will give you time to discuss the Lea- ference. (See registration and hotel schedule time to meet with your local gue's policies and priorities with law - reservation forms, next page.) legislators at the State Capitol while makers from your district. Program in brief Location: St. Paul Radisson Hotel, Kellogg Boulevard 9:00 a.m. Registration (lower lobby at foot of escalators) 10:00 am. Opening General Session "Governor's Property Tau and Fiscal Agenda and its Effects on Cities" Invited Speakers: Tom Triplett, Commissioner of Revenue; Senator Doug Johnson, Chair, Senate Tax Committee; Representative Gordon Voss, Chair, House Taxes Committee; Representative William Schreiber, House Minority Leader Governor Perpich is likely to propose radical changes in the state's property tax system, including possible elimination of all property tax credits and local government aid. Such proposals have major implications for the state -local fis- cal relationship and Minnesota cities. 12 Noon Luncheon "The Legislative Agenda and Its Impact on Cities" Invited Speakers: Senator Roger Moe, Senate Majority Leader; Repre- sentative Fred Norton, Speaker of the House Legislative leaders will give you their perspective on the outcome of major proposals under consideration during the '87 Session and let you know what those changes may mean at the local level. 1:30 p.m. Legislative Issues: General Sessions Environmental Issues: Focus on Wastewater Treatment and Solid Waste Management An overview of environmental issues for cities with a discussion of federal action. Special attention on wastewater treat- ment construction grant financing assist- ance and solid waste management policy decisions, sewer and water rates, requirements for solid waste disposal facilities, and recycling programs. 1:30 p.m. Development Issues (cont.) City authority and control over local economic development will receive seri- ous attention during '87. Issues dealing with industrial development bonds, tax increment financing, taxable municipal bonds, and other development issues will be addressed. Finance Issues The League will brief cities on reac- tions to proposed property tax reform measures, and will review possible changes in the system of Local Govern- ment Aid and property tax credits. 2:30 p.m. How to Lobby Get to know the most effective way to gain the support for legislation your city needs. Find out how to get the attention of local legislators and learn the basic strategies that will help you make convincing arguments to lawmakers. 2:45 p.m. Legislative Briefing LMC/AMM Legislative Staff: Don Slater, LMC Executive Director; Joel Jamnik, Legislative Counsel; Laurie Fiori Hacking, Legislative Representa- tive; Stan Peskar, LMC General Coun- sel; Helen Schendel, LMC Associate Director; Vern Peterson, AMM Exec- utive Director; Roger Peterson, AMM Legislative Director 3:15 p.m. City Day on the Hill Shuttle buses will be available to transport city officials to and from the Capitol. Plan to meet with your legisla- tors and let them know where cities stand on key legislative issues. 5:30 p.m. LMC/AMM Reception for Legislators and State Officials Open to city officials registered for the conference and to state lawmakers and appointed officials. D LMC 1987 Legislative Conference TUESDAY, MARCH 10, 1987 RADISSON ST. PAUL HOTEL 11 EAST KELLOGG BLVD. City i�`tlori �e$i9 (Please print or type) Name Title Name Title Name Title Registration fee: $50.00 advance, $55.00 on-site Check enclosed in the amount of $ :C Fee includes conference registration, luncheon, and evening reception with legislators invited. Mail to Gayle L. Brodt, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101 �`RADISSON ST PAUL HOTEL DON'T FORGET - MAKE CHECK OR MONEY ORDER PAYABLE TO RADISSON ST PAUL ORGANIZATION LEAGUE OF MINNESOTA CITIES DO NOT SEND CURRENCY FUNCTION 1987 LEGISLATIVE CONFERENCE DATES ALL REOUESTS FOR THE ABOVE GROUP MUST BE RECEIVED By _ FEBRUARY 27, 1987 Please reserve accommodations for NAME COMPANY LAST FIPST ADDRESS MARCH 10, 1987 Print or Type CITY __ STATE ZIP CODE _ SHARING ROOM WITH NO OF PERSONS SIGNATURE vwr)Nr til IMGCG CHECK IN TIME 3:00 PM —MUNTH DAr YEAR ARRIVAL TIME I MONTH par YEAR CHECKOUT TIME 1:00 PM ARRIVAL DATE DEPARTURE DATE Accommodations will not be guaranteed without a check for the 1st night's deposit, or your major credit card number as requested below. Should you prefer not to guarantee your reservation. your room will be held only until 6:00 p m of your arrival day. You will be charged for the 1st night if reservations are not cancelled 48 hours prior to arrival. CREDIT CARD a I AMEX I DINERS CLUB I ' VISA MASTERCARD EXPIRATION DATE �PIEASE CHECK ONE I— PLEASE CHECK PREFERRED ACCOMMODATIONS SPECIAL REDUCED RATES FOR L. M. C. MEMBERS: $5,4. SINGLE $84. DOUBLE OCCUPANCY IF RATE REOUESTED IS NOT AVAILABLE. NEAREST AVAILABLE RATE WILL BE ASSIGNED THERE IS AN ADDITIONAL S 8 00 1 CHARGE FOR THE THIRD OR FOURTH OCCUPANT IN EACH ROOM RATES ARE SUBJECT TO APPLICABLE TAXES I NO CHARGE FOR CHILDREN UNDER 18 OCCUPYING THE SAME ROOM AS PARENTS February 1987 13 -'s SVV CITY OF PLYMOUTH ` __3 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 25, 1987 TO: Recycling File FROM: Dick Pouliot, Project Coordinator SUBJECT: Solid Waste Haulers Meeting A meeting of the licensed Solid Waste Haulers in the City of Plymouth was held on February 24, 1987, at 7:00 p.m. Attached is a list of people in attendance. The meeting was opened by Dick Pouliot who introduced Mr. Chuck Kutter from Minneapolis Refuse, Inc. and Fred G. Moore, Director of Public Works, as well as Dan Husky, Hennepin County Recycling Coordinator. Each of the people in attendance were asked to state their name and the company they represented by way of introductions. Introductory comments were made by Dick Pouliot who summarized the reasons the City of Plymouth was contemplating going to an Organized Waste Collection System, how it would work and what the City's objectives would be. Specific emphasis was placed on the fact that the City did not expect, and would not accept any decrease in the quality of service from that now being provided. Following the introductions questions were answered and comments were made regarding an Organized Waste Collection System. Assurances were given to the haulers that the City of Plymouth has no desire nor intent to put any hauler out of business or to force any hauler into operating at the property level. We sincerely believed that an equitable contract would be negotiated which would provide a fair operation for the hauler and an efficient system for the City and the residents of the City, which would arrive at cost savings attributable to a reduction in time, gasoline used, as well as administrative costs which the hauler now has to pay. There Fere some adverse reactions, especially from the large haulers, such as Waste Management, Inc. and BFI who would prefer that a contract would be bid so that they could take over the entire City. By and large the meeting went well, the City's objectives were conveyed and all questions were answered satisfactorily. Following the meeting adjournment several haulers remained wishing to speak to Dick Pouliot in private and all comments following the meeting were complimentary and favorable. Public statements of support were received from at least four of the haulers that evening and one telephone call on February 25th was received from Dave's Sanitation, which was also complimentary and a request was made to provide any information and support for our proposed system to the City of Crystal who had a meeting recently and decided to postpone it because of a public "uproar" in response to the Memo: Recycling File February 25, 1987 Page Two method proposed by the City of Crystal. The method proposed by the City of Crystal, as stated by this particular hauler, was that they were going to go to Organized Collection and were going to bid their contract which this particular hauler felt would put them out of business. Last night's meeting was concluded with a goal set of July 1st to have all the details worked out and be ready to start operating as "Plymouth Refuse, Inc." Periodic Status Reports on progress toward this end would be given to the City and additional meetings would be held as necessary. 0 1%0 Richard J. Pou of RJP:kh cc: James Willis Frank Boyles Fred Moore DATE: %I • TIME: PLACE: NAME nRGANT7_ATTnN J etc f c/ cowry v r MEETING PROJECT NO. STREET ADDRESS CITY ZIP CODE PHONE Zld p0. zsCX q Cr '�� L'i ' =; i1 :;. �iy 7trl r' -jY q J L/ y ?7-333. f '• 7; /J,7 5e, A' ' .o D��x 8 «90 N•coR��1.�}/ ORP'1 M/NJV )riC,(jt sr�+ �aRAIN UAII��' ss�Z SSS-�3% 9) - 4ff /44 4 5" C rA I - gs5,1 Lo, 7Xi P sy s6-/ /,?y 3 ! r n PLEASE FILL IN ALL SIX COLUMNS r : MEETING PROJECT NO. DATE: TIME: PLACE: ORGANIZATION STREET ADDRESS CITY 7TP rnl)F Punmp i c sem' ws+y /� F� `!/ e i/�-�s%,Q:n_s y�.,r;;•-s ff.�'f 3 �35=6`t"-Z/ PLEASE FILL IN ALL SIX COLUMNS LD CG.-, MINUTES PLYMOUTH ADVISORY COMMITTEE ON TRANSIT FEBRUARY 18, 1987 PRESENT: Richard Maki, Nancy Holter, Willis Johnson, Mark Ryan, Frank Boyles I. APPROVAL OF JANUARY 28, 1987 MINUTES The minutes of the January 28, 1987 meeting were approved as submitted. II. REVIEW OF JANUARY RIDERSHIP STATISTICS January 1987 statistics show that the commuter/reverse commuter service continues to grow. The average for January was 429 passengers per day. The growth trend for the commuter/reverse commuter route began in October when passenger averages rose 30 passengers per day. Since then, the system has continued to grow each month. The internal circulator averaged 47 passengers per day for February. The total system averaged 476 passengers or 10.1% over the 434 total system passenger target. The Committee discussed a graphic showing the trend of ridership increase from the onset of the program in October 1983 through January 1987. The graphic shows a continuing trend of ridership improvement. The total system passenger average for January at 476 is a new record for Plymouth Metrolink monthly averages. III. FOLLOW-UP ITEMS FROM PREVIOUS MEETINGS A. Report on addition of third 4:35 p.m. bus Willis Johnson distributed a graphic showing the ridership at 4:35 p.m. One hundred and two seats are available through the two 51 passenger vehicles currently serving this time period. Of the 21 -day period reviewed, 10 days experienced a passenger overload. Four of those days were on Tuesday, 3 on a Wednesday, and 3 on a Thursday. Willis stated, that, he had been given approval by Jim Johnson to proceed with the implementation of an additional 4:35 p.m. bus to relieve overcrowding in order that the new passengers attracted to the system can be maintained. This action is taken recognizing, that, the additional bus has not been approved by the Regional Transit Board, but also, in order to retain our new customers, we must assure that they are comfortable rather than standing in the bus. B. Fare card availability at Erickson's Newmarket and Janssen's IGA Willis Johnson distributed a letter he sent to Erickson's Newmarket with respect to fare cards. He stated that Medicine Lake Lines is in the process of numbering their fare cards for control purposes. Once this is completed with a printer, they will implement the fare card program at Erickson's Newmarket, located at County Road 6 and Highway 101. He also indicated that the MTC Transit Store is still scheduled for an April 1 availability of Metrolink fare cards. Janssen's IGA does not have the necessary format to have fare cards available. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT February 18, 1987 Page two IV. IDENTIFICATION OF NEW AREAS OF CONCERN; OR RECOMMENDATION Discussion ensued on the convenience of monthly "All You Can Ride" cards versus the current 20 -ride cards and tokens. It was recognized that the monthly ride card would be the most convenient, both, for passengers and drivers alike. PACT members stated that there was a continuing problem with minicoach signs. The signs were either handwritten, improperly placed, or nonexistent. A suggestion was made that it might be appropriate in lieu of signing the buses, to sign the lot and ask drivers to park the buses in the proper "stall" in order that passengers, especially, new riders, will know which bus to get into. Willis will check this with the drivers and report on this recommendation at the next meeting. Concern was expressed, that, at least on Presidents Day, the second 5:08 p.m. bus was dispatched back to the garage and would not pick up passengers. This led to a negative perception. Frank Boyles stated, that, since there was a savings in mileage in such a situation, that savings, should be reflected in the costs charged to the City. V. COMMENTS BY MARK RYAN, REGIONAL TRANSIT BOARD Mark Ryan apologized for not being able to be present at the luncheon. He summarized the role of the Regional Transit Board as short and medium -range Transit Planner. He also stated, that, he is personally responsible for the Opt Out projects as well as Metro Mobilility. He has been impressed since he began his work with Plymouth with the important role that the Plymouth Advisory Committee on Transit plays in recommending marketing and in identifying problems in the system's operation. He stated that such committees make his job as Project Manager much easier. He is pleased that Plymouth Metrolink is a qrowinq transit program which contrasts sharply with the stagnant or declining ridership most transit systems are experiencing. He believes that, it is a no small measure due to the positive efforts of the Plymouth Advisory Committee on Transit, the City of Plymouth, and Medicine Lake Lines. He thanked Committee members and stated that he looks forward to working with the Plymouth Metrolink system and riders in the future. VI. OTHER BUSINESS The Committee discussed an upcoming promotion. It was concluded that the next promotion should take place on April 1 including the theme of "having fun" rather than offering a discount. A report will be provided at the March meeting. VII. ADJOURNMENT The meeting adjourned at 8:33 p.m. dma State of Minnesota County of Hennepin DAVID A WILLIAMS REALTY & CONSTRUCTION INC 15401 BROCKTON LN DAYTON, MN 55327 HC 4969 (5-81) SUMMONS AND NOTICE OF TRIAL Conciliation Court PLAINTIFF VERSUS CITY OF PLYMOUTH DEFENDANT 3400 PLYMOUTH BLVD PLYMOUTH, MN 55447-1482 Summons and Notice of Trial No. 870127006 The State of Minnesota to the above named defendant: You are hereby summoned to appear at the hearing of the above entitled case on APRIL 079 1967 at 9:00 AM in ROOM 859C HENNEPIN COUNTY GOVERNMENT CENTER The plaintiff above named has filed a claim with this Court against you, including $6.00 filing fee, for the total amount of $ 1806.00 for: PLAINTIFF ALLEGES THAT THE DEFENDANT IS INDEBTED TO THE PLAINTIFF IN THE AMOUNT OF $1300.00 PLUS FILING FEE, BY REASON OF THE FOLLOWING FACTS: DAVID A WILLIAMS CONSTRUCTION HIRED MARTY BROS TO MAKE SEWER E WATER CONNECTIONS AT HOME LOCATED AT 440 ZINNIA, PLYMOUTH. WHEN MARTY BROS COMPLETED EXCAVATION. THEY FOUND THAT THE SEWER HOOK—UP POINT IN THE BLVD WAS 19"-20" HIGHER THAN THE BASEMENT FLOOR ELEVATION. THUS IT WAS IMPOSSIBLE TO GET DRAINAGE FROM THE HOUSE. OUR CONTENTION IS THAT THE CITY OF PLYMOUTH OKaD THE BLDG E. ELEVATION, ALLOWING THE MENTIONED HOME TO BE BUILT ACCORDING TQ ELEVATIONS DETERMINED BY THEM. UNDERSTANDABLY WE RELY ON THE CITY•S ENGINEERING & BLDG DEPT TO CHECK OUT ELEVATIONS ON SUBMITTED SURVEfS BEFORE ISSUING PERMITS. (SEE CLAIM) If you fail to appear and answer this claim at the above time and place, judgment will be entered against you by default for the amount claimed. All correspondence and inquiries should be addressed, and all checks made payable, to the Hennepin County Conciliation Court. Conciliation Court 857C Government Center Minneapolis, Minnesota 5,487 Dated: 02/19/87 SEE REVERSE SIDE FOR FURTHER INFORMATION Telephone: 348-2602 NATE OF MINNESU I A wnk_uid uvn wu< < 8C Government Center COUNTY OF HENNEPIN Minneapolis, MN 55487 natrirl 21 Wi 11 iamQ Rpalt L_C'nncts>>rtinn Tnz-_ 1 Plaintiffs Claim Amount Address: 1 5d0 1 Rrn/-krnn 7anP including fee &T Rnr Dayton, MN 55327 versus City of Plymouth Defendant(s) Address: 3400 Plymouth Blvd. Plumouth, MN 55447.-1482 'Counterclaim including fee r" Statement of Claim Plaintiff alleges that defendant is indebted to the plaintiff in the amount of $ 1800.,4us $6.00 filing fee, by reason of the following facts: David A. Williams Construction hired Marty Bros. to make sewer and water connections at home located at 440 Zinnia, Plymout. When Marty Bros. completed excavation, they found that the sewer hook-up point in the blvd. was 19"-20" higher than the basement floor elevation. Thus it was impossible to get drainage from the house. Our contention is that the City of Plymouth ok'd the building and elevation, allowing the mentioned home to be built according to elevations determined by them. Understandably we rely on the city's engineering and building department to check out elevations on submitted surveys before issuein g permits. After running into this problem, the city acknowledged to Jeff Williams, foreman of David Williams Construction, that the information they had in engineering showed the sewer 2' lower than it was really built as. �Ad (;v1, & t,! ( -9L (F_xec-ute affidavit of plaintiff's claim on reverse side) Statement of Counterclaim Defendant alleges that plaintiff is indebted to the defendant in the amount of $ , plus $6.00 filing fee, by reason of the following facts: G C, For trial on Continued to Continued to Continued to % at at (Execute affidavit of defendant's counterclaim on rS,±gse side) Proceedings Room � Notice mailed Room Notice mailed at Room at Room Reopened for. at Judgment for Plaintiff by default for Defendant Judgment for Notice mailed Notice mailed Room Notice mailed mailed Ref. Plaintiff by default for $ mailed Ref. Defendant Dismissed NAP Stricken NA Settled Costs $ i6 • MONDAY, FEBRUARY 16, 1487 — 1 V v Inas DeVnot Prices In Upscate Setting Tyrds 9y CAROL H 0 8 A R T MINNEAPOLIS — Bare - bones warehouse stores — like typewriters, vinyl record albums and single -oven house- holds — may be on the way out, according to Rob Breiten- bach, a retailer here. His philosophy is that today's busy, sophisticated consumer expects low prices, but also demands one-stop convenience and service — things that stripped -down supermarkets don't provide. Breitenbach's newest store offers warehouse pricing in a high-tech, upscale setting. Designed by Red Owl, Tyra's Country Store carries the name of Breitenbach's father-in-law. (Fritz Tyra operated upscale conventionals in this area for more than a quarter century.) The 41,700 -sq. -ft., $1.6 million unit includes high ceil- ings and large bulk -produce sections, found in all 16 Red Owl Country Store warehouse operations. The store's scratch bakery, fresh -fish department, deli and 45 -seat self-service cafe are upscale extras. "I call it a conventional store with warehouse pricing," said Breitenbach. "I don't know if there are any true warehouse stores anymore." Built in Plymouth, one of the area's fastest-growing suburbs, Tyra's innovative interior de- sign reflects area competition and accommodates the build- ing's unusual pentagonal shape. Breitenbach faces a strong challenge from hybrid and up- scale retailers as well as conve- nience operators. A 32,000 -sq. -ft. Newmarket is a half mile away. Operated by Super Valu independent Steve Erickson, the store was converted from conventional to hybrid merchandising less than a month before Tyra's grand opening. Lunds, a seven -store upscale independent, has a store less than three miles away. Breitenbach drew from up- scale and conventional merchandising styles to find his market niche. "High tech is sort of a trend, and we wanted to go with it." To give the store a fresh, up- dated look, Breitenbach and his wife, Ronnie, chose a dis- tinctive wine, gray and white color scheme. "We wanted to stay away from the earth tones everybody else uses. We want- ed something different." According to Ingo Pointner, Red Owl's director of design and engineering, Tyra's service departments, bagging and car- ryout take it out of the ware- house category. "If you were to put in a ceil- ing," said Pointner, "you could make it a conventional store in a big hurry." Despite the cost of conven- tional -store amenities, Breiten- bach plans to maintain gross grocery margins at 10-13% — "Store appearance is very Im- portant to us. Warehouse shelving wasn't the image we wanted to portray." — Rob Breitenbach owner Tyra's Country Store considerably less than the 20% many conventional operations support. How will he maintain low prices in a store built with an eye toward the upscale trade? The answer is volume, said Breitenbach. "We estimate the store has the potential to do in the neighborhood of S350,000-500,000 a week." Built on a site held by Red Owl since the 1960s, Tyra's re- sembles a square with one cor- ner lopped off on the diagonal to form the front entry. The store's dry -grocery section is set on the bias, perpendicular to the diagonal front entry, creating generous wedges on the perimeter to accommodate produce, bakery and delilcafe departments. ,Tyra;s,-unusual floor plar Was cceated'in'part by torr% niunity building codes, in pari by the needs of other tenanti who share the 72,000 -sq. -ft. center. "Energy costs should be low since the store is well insulate< and has heat reclamation,' Pointner said. As in most warehouse stores Specialty departments, such as bulk produce and scratch bakery, are high- lights st Tyra's. Point-of-sale videotapes are used in the produce department. Thatsection offers everything from the basics to such exotics as nopales. The bakery includes a service counter and self-service bins. the first aisle at Tyra's is a "wall of values." Customers shop the produce department next. Approx- imately 3,000 sq. ft. is devoted to bulk displays of basic produce — apples, oranges and cabbages. Price is emphasized through hand -lettered signs printed in red. More exotic items — such as nopales, sugar cane and tofu — are offered as well. Fresh flowers — including 6 - ft. fig trees — bulk candy and snacks are also part of the produce department. Half gal- lons of cider, orange juice and grapefruit juice are stocked on low shelves bordering fruit bins. "We devoted a lot of space to produce," said Breitenbach, "because it sells very well in this area. People in Plymouth are: Every >.health -conscious:'.; Produce will account for 11% of overall store sales, he predic- ted. To help achieve that figure, the department is experiment- ing with a point-of-sale video unit. Tapes have been used to promote cauliflower and stir - fry vegetables. According to Breitenbach, the unit has had a positive impact on the sale of featured vegetables. In all perimeter departments, 400—watt metal -halide fixtures directly over displays have been lowered from 16 ft. to 1C ft. above the merchandise. "We try to maintain 100 foot- candles throughout the store," said Pointner. "In order to do that properly with fluorescent fixtures, you'd end up with around 300 of the 8 -ft. fixtures. With metal halide, you have maybe 50 fixtures at about $250 each." Pointner conceded retailers can purchase conventional lighting for perhaps a tenth of the cost for each unit. Lower energy and maintenance costs, however, quickly balance high- er up -front expenditure for metal halide. He expects to get full payback for a complete hal- ide system in two to two -and -a - half years. There is approximately 36 Linear ft. of smoked meat and another 48 linear ft. of fresh beef, pork, veal and Iamb at Tyra's. "In cuts of meat, we have as much variety as any of our competitors," Breitenbach said. Tyra's has less red meat, however, than might be ex- pected in a store of its size. "We wanted to devote a little more space to fresh fish." Tyra's is the only super market in the area to carry frest fish flown in three times a week. Breitenbach feature! rock shrimp for $3.99 a pound, walleye for $7.98 and live lob sten for $5.99. He expects fist to earn approximately 3% o the meat department's dis tnbution in this middle- h upper -middle-class suburb. The store also has a servio meat counter, sausage kitchet with house -label sausage and rge fresh or frozen poultry ection. The in-store bakery fills one +edge along the store's per- neter. Customers can watch s bread comes out of the wens, sample fresh rolls, cakes r pastries. There are self -ser - ice bins across the aisle from he bakery service counter. A full-service hot and cold leli adjacent to the bakery en- ourages shoppers to buy unch or a snack they can enjoy n the store's self-service cafe. Zreshly brewed coffee is avail- ble free there to accompany alads, desserts, entrees and tot or cold sandwiches the deli ;erves. "Response of our customers o the deli/cafe has been un- >elievable," said Breitenbach. 'There's really nowhere in this trea to get a hamburger or a hot log. People can buy some- hing out of the deli, grab a cup if coffee and have a meal." Since the opening in Octo- D,er, deli sales have increased Z% as a percentage of store sales. Breitenbach credits the cafe's popularity for much of the increase. Another Tyra's "extra," a full-service travel agency, is the last perimeter department shopped. According to Breitenbach, the service has had a successful first quarter, due in part to the affluence of the community it serves. As in most hybrid stores, higher -profit perishables and service departments occupy the store's perimeter, with dry groceries and health and beauty aids in the center. Tyra's dry -grocery section dis- plays product on 72 -in. shelves. Only the endcaps are cut cases; the rest is hand - stocked. "Store appearance is very important to us," said Breiten- bach. "Warehouse shelving wasn't the image we wanted to portray." To eliminate clutter, Breitenbach sacrificed sales space to a large back room for inventory, preferring to keep unopened cartons and cases out of sight. He estimates the store's sales space at 28,000 sq. ft. Tyra's has been promoted through mail, local weeklies and metropolitan daily news- papers. To determine the most effective advertising approach, Breitenbach runs a different pair of coupons in each advertising vehicle. Breitenbach also operates a smaller Country Store in New Hope, another Minneapolis suburb just a few miles from Plymouth. He plans ad- ditional, somewhat larger stores "as soon as Red Owl finds a spot for us." Preliminary plans for Tyra's were drawn up several years ago while Red Owl was still part of Wickes. When the com- pany was purchased last year by Red Owl executives, the land and plan were sold to local developers. kc) January 27, 1987 Blair Tremere City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Blair, This letter will confirm the time and place for the Minnetonka/ Plymouth Rotary Club meeting of Thursday, February 19th. It will be at 12:00 noon at the Raddison, Ridgedale. The meeting lasts until 1:30 P.M. and your portion of the program would be from 1 to 1:30. The general topic is "What is the direction of the City's Planning relative to business (commercial and retail) and in- dustry"? This could cover developement of the corridors, zoning changes, the City's policies re: developement, etc. A short question/answer period would be appropriate. I will pick you up at about 11:45 A.M. on that day. Thanks for agreeing to speak to our group. Sincerely, l K. James Guddal KJG/cj ENROLLED TO PRACTICE BEFORE THE INTERNAL REVENUE SERVICE K. JAmEs GUDDAL, MBA LICENSED PUBLIC ACCOUNTANT JA4 3 1987 CERTIFIED FINANCIAL PLANNER (6 12) 559-0014 _ RES: 559-2277 ' ` ' - HARBOR PLACE ACCOUNTING CORPORATE CENTER INCOME TAX 3025 N. HARBOR LANE FINANCIAL SUITE 316 PLANNING PLYMOUTH, MINNESOTA 55441 January 27, 1987 Blair Tremere City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Blair, This letter will confirm the time and place for the Minnetonka/ Plymouth Rotary Club meeting of Thursday, February 19th. It will be at 12:00 noon at the Raddison, Ridgedale. The meeting lasts until 1:30 P.M. and your portion of the program would be from 1 to 1:30. The general topic is "What is the direction of the City's Planning relative to business (commercial and retail) and in- dustry"? This could cover developement of the corridors, zoning changes, the City's policies re: developement, etc. A short question/answer period would be appropriate. I will pick you up at about 11:45 A.M. on that day. Thanks for agreeing to speak to our group. Sincerely, l K. James Guddal KJG/cj ENROLLED TO PRACTICE BEFORE THE INTERNAL REVENUE SERVICE \ O 1n February 25, 1987 Mr. Larry Begin 4300 Fernbrook Lane N. Plymouth, MN 55442 PLYMOUTH SUBJECT: Abatement of Public Nuisance Dear Mr. Begin: Plymouth City Code Section 2010 defines public nuisance to include: "(a) Engaging in any business or activity which is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to the persons in the neighborhood or is detrimental to the property in the neighborhood." Our previous inspections verify that your operating a salvage or junk yard from your property. Many inoperable vehicles and parts have accumulated thereon. Under the ordinance, this practice constitutes a public nuisance. Over the past few years, on numerous occasions, we have contacted you about this condition asking that it be abated. To date we have been unsuccessful. This letter is to advise you that you have thirty (30) calendar days to clean all vehicles and vehicle parts from the property. In the absence of the completion of this action, we will report the matter to the City Council. Thereafter, the City Council, after public notice, will provide you an opportunity to be heard at a Council meeting, and may thereafter arrange for the City to remove the vehicles and vehicle parts from the property and specially assess the property including administrative fees for such work under Plymouth City code 2010, Subdivision 5. I am attaching a copy of Plymouth City Code Section 2010 which addresses this subject more thoroughly. The deadline for complete clean up of the property is no later than March 30, 1987. Please contact me as soon as possible if you ave any questions. Frank Boyles Assistant City Manager FB:dma cc: City Attorney's office City Council Community Service Officers 3400 PLYMOUTH 60ULEVA.RG P-)WLP.^.F:"ES' TL 5E -A TELEPHONE (E12� 559.280,' Plymouth City Code 2010.01. Nuisances. a public nuisance. = �C t 2010.01 (Rev. 1985) Section 2010 - Nuisances; General Subdivision 1. Defined. The following acts are declared (a) Engaging in any business or activity which is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to the persons in the neighborhood, or is detrimental to the property in the neighborhood. (b) Permitting, suffering, or maintaining, or failing to remove any offensive, nauseous, hurtful, dangerous, unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid or thing, upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property. (c) Constructing or maintaining or permitting or suffering upon one's property any billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign, or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace. (d) Displaying, circulating, issuing or publishing any slanderous or obscene, immoral, or lewd pictures, posters, literature, writings, drawings or oral statements. Subd. 2. (Repealed, Ord. No. 85-26, Sec. 1) Subd. 3. Abatement. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding 30 days, within which the nui- sance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the coun- cil. Thereafter, the council may, after notice to the owner and occupant and an opportunity to be heard, provide for abating the nuisance by the city. The notice shall be served in the same manner as notice by the enforcing officer is served and shall be given at least ten days before the date stated in the notice when the council will consider the matter. If notice is given by posting, at least 30 days shall elapse between the day of posting and the hearing. (Added, Ord. No. 85-26, Sec. 2) Subd. 4. Recovery of Cost. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been Plymouth City Code 2010.01, Subd. 5 (Rev. 1985) completed and the cost determined, the city clerk or other official designated by the council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the city clerk. (Added, Ord. No. 85-26, Sec. 2.) Subd. 5. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect -infected trees, the clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The council may then spread the charges against such property under that statute and other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Added, Ord. No. 85-26, Sec. 2) Subd. 6. Penalty. Violation of this Section is a misdemeanor. The imposition of one penalty for any violation of this Section shall not excuse the violation, or permit it to continue. Each 10 days that prohibited conditions are maintained shall constitute a separate offense. (Renumbered, Ord. No. 85-26, Sec. 3) It February 13. 1987 Officer Joel Franz Plymouth Police Department Dear Joel: PLYMOUTH+ TER OF RECOGNITION Your recent investigation of a motor vehicle theft that occurred in Plymouth, and your subsequent follow-up off-duty in Crystal, was an example of outstanding police work! On February 11. 1987. you investigated an offense report concerning a motor vehicle theft at 235 Nathan Lane. The complainant and owner of this vehicle indicated that in the car there were a number of personal property items that she had recently purchased at clothing stores in the Southdale area. You decided to follow up on these personal property losses to determine if anyone would return them for a refund. It was through this effort that you obtained the name. address. and description of a person attempting to gain refunds on the clothing purchases. By checking previous telephone numbers and addresses of the suspect .you developed, you were able to ascertain a possible Crystal address. When you returned home from work on the day shift of February 12th, you decided to include the location of the suspect within the distance of your daily ritual of jogging after work. It was during this time that .you observed a car generally matching the description of the one stolen drive into the parking lot where the suspect lived. This observed vehicle did not have the same license number, but the driver of the vehicle matched the description that you had obtained from sales clerks in Edina. You decided to check on this vehicle when you saw the owner park it and go into the building. You determined that the serial number had apparently been removed from this vehicle. You then contacted Crystal Police Department and radioed our department with their help, to obtain more information that you had left in your locker prior to going home. While accompanying the Crystal Police in a surveillance of the vehicle in auestion, the suspect returned to his car and drove to his garage location. When you approached the suspect's garage with the other officers, you observed in plain view another vehicle inside of this garage matching the one that was stolen from the victim, along with numerous other body parts for cars matching the description of the victim's and the one the suspect was driving. It is my understanding that the victim's car was found in the garage, partially dismantled and numerous other body parts and equipment for similar vehicles was alleged to be stolen property that was recovered at this time. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 t •Y` V kl� CITY OF PLYMOUTH+ TER OF RECOGNITION Your recent investigation of a motor vehicle theft that occurred in Plymouth, and your subsequent follow-up off-duty in Crystal, was an example of outstanding police work! On February 11. 1987. you investigated an offense report concerning a motor vehicle theft at 235 Nathan Lane. The complainant and owner of this vehicle indicated that in the car there were a number of personal property items that she had recently purchased at clothing stores in the Southdale area. You decided to follow up on these personal property losses to determine if anyone would return them for a refund. It was through this effort that you obtained the name. address. and description of a person attempting to gain refunds on the clothing purchases. By checking previous telephone numbers and addresses of the suspect .you developed, you were able to ascertain a possible Crystal address. When you returned home from work on the day shift of February 12th, you decided to include the location of the suspect within the distance of your daily ritual of jogging after work. It was during this time that .you observed a car generally matching the description of the one stolen drive into the parking lot where the suspect lived. This observed vehicle did not have the same license number, but the driver of the vehicle matched the description that you had obtained from sales clerks in Edina. You decided to check on this vehicle when you saw the owner park it and go into the building. You determined that the serial number had apparently been removed from this vehicle. You then contacted Crystal Police Department and radioed our department with their help, to obtain more information that you had left in your locker prior to going home. While accompanying the Crystal Police in a surveillance of the vehicle in auestion, the suspect returned to his car and drove to his garage location. When you approached the suspect's garage with the other officers, you observed in plain view another vehicle inside of this garage matching the one that was stolen from the victim, along with numerous other body parts for cars matching the description of the victim's and the one the suspect was driving. It is my understanding that the victim's car was found in the garage, partially dismantled and numerous other body parts and equipment for similar vehicles was alleged to be stolen property that was recovered at this time. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Officer Joel Franz Letter of Recocanition February 13. 1987 Your entire Participation and effort in clearing the offense that occurred in Plymouth. as well as numerous other crimes. and the arrest of the suspect. was an incredible performance. You have brought great credit to yourself and this department, and are being annropriately recognized for your outstanding service. Thank you. Sincerely. Richard J. arlquist Director. ublic Safety RJC:as cc: James G. Willis - City Manager Personnel file i CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 19, 1987 TO: James G. Willis, City Manager FROM: Bob Zitur, Councilmember SUBJECT COMPLIMENT FOR BOB FASCHING I had a conversation with Marion Bohnsack yesterday and she was very complimentary about an employee in the water department; she thought it was Bob Fasching. Her son was doing a report for a 9th grade class in the Wayzata schools on our water system. He had called the water department and, in a very short time that day, materials were delivered to the Bohnsack home. This is really accommodatinq our citizens. Our employees are doing a lot of good things that we never hear about. It was good to hear this one. BZ/lb