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Home My WebLink AboutCouncil Information Memorandum 01-02-1987C %4 CITY OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM January 2, 1987 UPCOMING MEETINGS AND EVENTS..... 1. BOARD AND COMMISSION CHAIR INTERVIEWS -- Monday, January 5. In accordance with City Council direction, we have arranged for the City Council to interview Board and Commission chairpersons commenc- ing at 5:30 p.m., Monday, January 5 in the City Council conference room. A light dinner will be served commencing at 5:00 p.m. The schedule for interview is as follows: 5:30 p.m. - 5:50 p.m. - Barb Edwards 5:55 p.m. - 6:15 p.m. - Del Erickson 6:20 p.m. - 6:40 p.m. - Paul Steiqerwald 6:45 p.m. - 7:05 p.m. - Larry Marofsky Attached together with this information memorandum is a copy of the materials previously provided with respect to Board and Commission appointments, including incumbents, terms, attendance records and an excerpt from the Council's policy relating to the orientation of commissioners to City advisory commissions dealing with performance standards for these positions. As an adjunct issue, the City Council may want to give consideration to whether or not the existing City Code should be revised to redefine the quadrants from which commissioners are selected. The Council will recall that a number of Board and Commission members are selected at large, with the remainder in each body selected from one of the four quadrants in the City. In light of the substantial population increases in the northeast, southeast and southwest quadrants, and the minimal population in the northwest quadrant, it may be appropriate for a redefinition to take place. If the Council would like the staff to undertake such an effort, direction would be appropriate in order that such a change could be made to the ordin- ance prior to actual selection of Board and Commission replace- ments. (M-1) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM January 2, 1987 Page two 2. PARK AND RECREATION ADVISORY COMMISSION -- Thursday, January 8, 7:30 p.m. The Park and Recreation Advisory Commission will meet in the City Council Chambers. Agenda attached. (M-2) 3. REVISED JANUARY CALENDAR -- Attached is a copy of the revised January calendar reflecting the deletion of the January 6 Commission Interviews. (M-3) FOR YOUR INFORMATION...... 1. CHELSEA WOODS FIRE -- My December 24 memorandum reported that in a conversation with Al Kleinbeck, who presently works with the State Building Code office, we learned that local building officials throughout the metropolitan area during the 197O's apparently viewed townhomes, such as constructed in Chelsea Woods, as falling under the requirements of condominiums which have different construction standards. Accordingly, I asked Joe Ryan, Building Official, to look into this matter further and provide me with a memorandum on the subject to address this issue in greater detail. Attached is a December 26, 1986 memorandum from Joe Ryan on this subject. Councilmember Vasiliou has advised me that representatives of the Chelsea Woods Association expect to be present at the January 5 meeting to read a letter which requests an immediate inspection of all Chelsea Woods homes by the City of Plymouth to see if they comply with the Building Code of 1973. Attached is a newsletter circulated by the Chelsea Woods Association to its members. Copied as part of the newsletter, is a letter to Councilmember Vasiliou requesting the Council's consideration of this matter. It is my recommendation that the Council direct the staff and City Attorney to expeditiously evaluate and provide a report with recommendations on this subject. I am attempting to contact Mr. Tom Barker to advise him of this recommendation. (I-1) 2. TWIN WEST "STATE OF THE CITY" COFFEE BREAK -- Attached is a letter from David Olson, President of the Twin West Chamber of Commerce, confirming that the "State of the City" coffee break for Plymouth is slated for Thursday, March 26, 1987 in the City Council Chambers. These "State of the City" coffee breaks provide the City with an opportunity to discuss in 30 minutes the developments and activities of interest to businesses working in and adjacent to our community. Last year's State of the City coffee break was held at the Holiday Inn and was well attended by area businesses. If the Council concurs, I will confirm this date with the Twin West Chamber in order that final arrangements can be made. Normally, the Mayor and/or a member of the City Council make the presentation to businesses attending this session. (I-2) CITY COUNCIL INFORMATIONAL MEMORANDUM January 2, 1987 Page three 3. REVISED 1987 SCHEDULE -- Attached is the 1987 City Council meeting schedule which has been revised to reflect the Get Acquainted sessions discussed in my December 24, 1986 information memo. Please substitute this copy for the schedule previously provided to you dated 12/02/86. (I-3) 4. NATIONAL_ LEAGUE OF CITIES SURVEY -- At Councilmember Zitur's request, we have conducted a survey of a number of Twin City area municipalities to determine their position with respect to member- ship in the National League of Cities and attendance at the annual NLC conference. Attached is a copy of the survey results for Council information. (I-4) 5. LAWCON GRANT - PARKER'S LAKE PARK -- We have received the attached letter from the State advising us that we have received preliminary funding approval for our LAWCON grant for Parker's Lake park. Eric advises me that more recently he has been advised that the approval is for an amount up to $110,000 rather than the originally requested $86,000. (I-5) 6. MINUTES: a. Board of Zoning Adjustments and Appeals, December 9, 1986 (I -6a) b. Park and Recreation Advisory Commission, December 11, 1986 (I -6b) 7. 1987 CITY HOLIDAYS -- The attached memorandum to City employees lists the official City holidays for 1987 and the date which each will be observed. (I-7) 8. HIGHWAY 12/I-494 WINTER TRAFFIC DETOURS -- Traffic detours needed for the reconstruction of the Highway 1-271-494 interchange have been set and will remain over the winter according to the State Depart- ment of Transportation. Permanent access to businesses along the north frontage road of Highway 12/I-494, west of the new Carlson Parkway interchnage, has also been set. The detours are needed because all four loops of the interchange have been closed until late next year in order to facilitate reconstructing both the north- bound and southbound bridges. They will remain in effect until late next year. Reconstruction of the entire interchange will take until late 1988. Each of the detours uses Carlson Parkway, and drivers are asked to watch for directional signs. Work on the interchange will continue over the winter in order to speed up the project as much as possible and to avoid the heavier traffic volumes which usually occur in summer. Permanent access to businesses along the north side of Highway 12/-I-394 is also by way of Carlson Parkway and the north frontage road. New signs are being erected to aid motorists driving into the area. Maps depicting each of the detours are attached for Council information. (I-8) CITY COUNCIL INFORMATIONAL MEMORANDUM January 2, 1987 Page four 9. CITY OF PLYMOUTH V. MENDOTA, INC. -- Attached is a copy of the City Attorney's December 29, 1986 letter to Judge Fitzgerald and proposed Findings of Fact, Conclusions of Law, and Order for Judgement with respect to the Mendota case. (I-9) 10. CORRESPONDENCE: a. Letter from Golden Valley Mayor, Mary Anderson, concerning the the Governor's Advisory Commission on State -Local Relations. Mayor Anderson serves on the Commission as a city representative and her letter addresses concerns with proposals being considered by the State Revenue Department for property tax reform. (I -10a) b. Letter from John Erskine, Superintendent, and Don Peterson, Director of Police Training, State Bureau of Criminal Appre- hension, to Public Safety Director Carlquist, recognizing Plymouth Investigators Mike Ridgley and Bill Hanvik for their contributions in the production of a video training tape for the Bureau. (I -10b) c. Letter of appreciation from Judy Korsmo, to Plymouth Police Department, for assistance provided to her by Field Supervisor John Ward and Officer Dave Digatono at a December 17 car accident. (I -10c) d. Letter to Communications Task Force members from Frank Boyles, soliciting their input for the draft Communications Coordinator advertisement and position responsibility write-up. (I -10d) Frank Boyles Assistant City Manager FB:Jm attach 2/86 PLANNING COMMISSION - CITY OF PLYMOUTH Name and District Telephone No. Term Expires Paul Steigerwald Chair R. 546-6075 1/31/88 120 Magnolia Lane District #3 0. 370-0611 Plymouth 55441 David L. Pauba Vice Chair R. 559-3680 1/31/88 12520 - 58th Ave. N. District #4 0. 533-2164 Plymouth 55442 Michael Stulberg District #1 R. 478-6831 1/31/8740 -- 6010 Troy Lane 0 932-1656 Plymouth 55446 Clark Magnus District #2 R. 476-0389 1/31/87 ----- 18520 - 27th Ave. N. 0. 639-4216 Plymouth 55447 Sohn Wire At Large R. 559-5401 1/31/88 4130 Quaker Lane 0. 931-8308 Plymouth 55441 Richard G. Plufka At Large R. 559-2347 1/31/88 3675 Sycamore Lane 0. 372-8510 Plymouth 55441 George Mellen At Large R. 473-2846 1/31/88 17315 - 24th Ave.N. 0. 541-2576 Plymouth 55447 Blair Tremere, Director of Planning and Community Development Jerry Sisk, Council Coordinating Representative Meetings are held the second and fourth Wednesday of the month at 7:30 p.m. in the Council Chambers of the City Center. A Public Forum is held the first meetinq of the month at 7:15 p.m. Members are appointed for three-year terms expiring January 31st of that year. The Chair and Vice Chair shall be appointed by the Mayor from among the members of the Commission and shall serve for a term of one year. 2/86 PARK do RECREATION ADVISORY COMMISSION - CITY OF PLYMOUTH Name Telephone No. Term Expires Barbara Edwards, Chair R. 545-1912 1/31/87 �- 3935 Orleans Lane 0. 559-8000 Plymouth 55441 Judy LaTour, Vice Chair R. 473-8183 1/31/88 3525 No. Highway 101 Plymouth, MN 55447 Donald Anderson R. 545-3608 1/31/87 417 No. Union Terrace Lane 0. 537-1329 Plymouth 55441 Carol Beach R. 473-8245 1/31/88 325 Merrimac Lane 0. 473-8245 Plymouth 55447 Sohn C. Mullan R. 559-9205 1/31/88 11845 - 28th Ave. N. 0. 332-0421 Plymouth 55441 Sohn Reed R. 559-2523 1/31/89 1751 West Medicine Lake Drive 0. 559-5632 Plymouth, 55441 Richard Rosen R. 475-0508 1/31/89 18715 27th Avenue No. 0. 835-4800 Plymouth, MN 55447 Eric Blank, Director of Parks and Recreation Bob Zitur, Council Coordinating Representative Meetings are held the second Thursday of the month at 7:30 p.m. in the Council Chambers. Members are appointed for three-year terms expiring January 31st of that year. The Chairman shall be appointed by the Mayor from among the members of the Commission and shall serve for a term of one year. lA 4/86 BOARD OF ZONING ADJUSTMENTS AND APPEALS - CITY OF PLYMOUTH Name Telephone No. Term Expires Larry Marofsky (Chairman) R. 544-9685 1/31/88 2835 Medicine Ridge Road 0. 566-4570 Plymouth 55441 Kenneth W. Quass, Jr. (Vice Chair) R. 559-0578 1/31/87 4` 12725 - 30th Avenue No. 0. 593-0696 Plymouth 55441 Dennis Cornelius R. 559-7472 1/31/87 3970 Balsam Lane 0. 936-4432 Plymouth 55441 Olene Bigelow R. 559-3106 1/31/88 11600 37th Place N. 0. 333-6655 Plymouth 55441 Steven Musatto R. 475-0588 1/31/87 18805 - 4th Avenue No. 0. 473-0909 Plymouth 55447 Kenneth Anderson R. 546-2048 1/31/88 2500 Nathan Lane, Apt. 209 0. 333-9177 Plymouth, MN 55441 George Mellen * R. 473-2846 1/31/88 17315 - 24th Ave.N. 0. 541-2576 Plymouth 55447 Al Cottingham, Associate Planner Joe Ryan, Building Official Jerry Sisk, Council Coordinating Representative Meetings are held the second Monday of the month at 7:30 p.m. in the City Center Council Chambers. Members are appointed for two-year terms expiring on January 31st of that year. One member is a member of the Planning Commission and shall be appointed for a term coinciding with his/her term on the Planning Commission.* The Chairperson shall be appointed by the Mayor from among the members of the Commission. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: November 26, 1986 T0: Mayor Schneider and Councilmembers Crain, Sisk, and Vasiliou FROM: Councilmember Zitur SUBJECT: PARK AND RECREATION ADVISORY COMMISSION Listed below are the members of the Park and Recreation Advisory Commission, their term expiration dates and their response to a survey regarding continuing on the Park Commission in 1987. Barbara Edwards (term expires 1/31/87) Yes Donald Anderson (term expires 1/31/87) Yes Judy LaTour (term expires 1/31/88) Yes John Mullan (term expires 1/31/88) Uncertain Carol Beach (term expires 1/31/88) (We were unable to reach Carol.) John Reed (term expires 1/31/89) Yes Richard Rosen (term expires 1/31/89) Yes /np CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: November 13, 1986 TO: Blair Tremere, Director of Planning FROM: Milt Dale, Associate Planner 17 SUBJECT TERMS OF APPOINTMENTS FOR HRA COMMISSIONERS This memo is to serve as a reminder that in January 1987, Harold Bakke, one of the HRA Commissioner's terms of office will expire. Accordinq to my research he will have completed serving his second five year term at that time. The other Commissioners terms are scheduled to expire as follows: Commissioner Del Erickson January 1988 Commissioner Rod Hillstrom January 1989 Commissioner Gerry Neils January 1990 Commissioner Dave Crain January 1991 As well, Commissioner Del Erickson is contemplating moving his residence from Plymouth to Greenfield sometime in 1987. The appointment of new Commissioners is by the Mayor with the approval of the governing body. (See Minnesota State Statutes, 1984 Section 462.425 Subdivision 6). 2/86R PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY Name Telephone No. Term Expires Del Erickson, Chair R. 559-4772 1/31/88 2317 Kirkwood Lane 0. 544-8370 Plymouth 55441 Harold Bakke, Vice Chair R. 473-7653 1/31/87 815 Kingsview Lane 0. 333-7101 Plymouth 55447 Gerald Neils, Secretary/Treasurer R. 545-2679 1/31/90 3890 Orleans Lane 0. 330-6052 Plymouth 55441 Rod Hillstrom R. 559-3094 1/31/89 12510 - 25th Avenue 0. 828-4521 Plymouth 55441 Dave Crain R. 559-1642 1/31/91 5020 Forestview Lane 0. 540-4105 Plymouth 55442 Meetings are held on the first Monday every other month at 6:30 p.m. in the Council Chambers. Members are appointed for five-year terms expiring the end of January or until a new commissioner has been selected as a replacement. YA-1 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 19, 1986 TO: Assistant City Manager Frank Boyles c. FROM: Community Development Director Blair Tremere SUBJECT 1986 ATTENDANCE RECORDS FOR THE PLANNING COMMISSION The Planning Commission attendance records were forwarded to you covering the meetings of January 8 through November 19, 1986. The two meetings in December were held on December 3rd and December 17, 1986. No absence at the December 3rd meeting; Commissioner Plufka was absent from the meeting held on December 17, 1986. Twenty-five meetings held in 1986. Commissioner Total Meetings Total Absences Term Expires Paul Steigerwald, Chair 25 4 1/31/88 Sohn Wire 25 8 1/31/88 Michael Stulberg 25 7 1/31/87 Clark Magnus 25 2 1/31/87 Richard Plufka 25 4 1/31/88 George Mellen 25 4 1/31/88 David Pauba 25 1 1/31/88 z w� 10 00 rn 2 livID21ds ' A—\ saJLdx3 U.Ual ao —'0-- .o 00 � 00 00 oo 00 00 sa:)uasgy LeIol ID u, o 's64W # LR401 I r Iz; r � 98/T/L 98/SZ/9 98/IT/9 98/TZ/9 98/' T/S 98/£Z/'7 98/91/7 98/6/7 98/9Z/£ 98/ZI/£ 98/9Z/Z 98/ZI/Z 98/ZZ/T I t i! 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's6IW # LRIOI 1 f i II 0aQ Z °OX 6 100 II daS 7I $nv OI Tnf ZI unr 8 OI .zdV EI -IFN ZI qa3 6 uar >c x x >c H �n m H o T, •0 6 'n (.� u -o v U ^o Iz w Gr1 0 n ro "l "7 C: u o x b Il cl uI •�I x c v m [*] Gh X a w w il 24 x co co sa.� idx3 w.aal c c-. � � 0' � ccr�ccc � � � sa0uasgV LY401CD 's64W # 1e401 CD ci I i i H 8T AON TZ 430 9T 4daS ZT gsn6ny 8 klnC OT aunt £T kPW 8 <pdy 4D.aeW TT 'qa3 bT 'ueP i x KI I x x x I 9NI 33W ON Y to 4-- o S- RS N to r6 r a) c L o 3 O r N Q) 0 4--) + (6 N 0 to L a "o C C r r N x Eml sa.A Ldx3 iu i)l �- saDuasgy LP401 0 — K) �– 's64W # 1p40l S' Q-- S- cT cc I o � X o S I� x x x x o z fl K X u rz- -- L Eml POLICY RELATING TO ORIENTATION OF COMMISSIONERS TO CITY ADVISORY COMMISSIONS Resolution No. 86-506 August 18, 1986 (Supersedes Res. 81-31, January 5, 1985; Res. 85-103, January 28, 1985) Purpose The Advisory Commission Orientation Program is designed to accomplish the following: 1. Generally describe the function of each commission and the role of the individual commissioners. and the time commitment required for successful participation. 2. Acquaint commission applicants and incumbents with performance standards against which their performance will be annually evaluated by the City Council. 3. Concisely outline the legal and civic expectations of commissioners and commissions. 4. Familiarize commissioners with the formal duties and responsibilities of individual commissions with respect to legal and procedural requirements. Format The format of the orientation program consists of both written material and oral information provided by City staff, commission chairpersons and the City Council to prospective commissioners. 1. Written material. A. Summary of position and responsibilities. This document is a pamphlet made available to prospective applicants at the time of application. It describes the positions and responsibilities of all the commissions and further summa- rizes the job description. B. Introductory packet. Assembled by respective staff liaison, and commissions, the packet consists of information such as: a general overview of the legal and procedural aspects of advisory commissions per statutes, ordinances and policies; description of agenda and staff report functions, format for con- ducting public hearings, including basic parliamentary procedures and approved "flow process" relative to items of business before the advisory commission and City Council. Also included are copies of applicable ordinances, portions of the Comprehensive Plan, a copy of the City's Goals and Objectives and Criteria for development, a sample staff report, agenda and minutes, and appropriate maps. 2. Oral Information A. Conveyed to prospective commissioners by the Mayor and City Council primarily at the interview and selection stage of the appointment process. Special emphasis is placed upon the expectations of the Council and current commissioners for new commission members. -19- M- B. Provided initially and on an on-going basis by the Commission chair- persons, particularly about procedures and participation in a group setting. A "buddy system" is used to assign more experienced commissioners to help orient and advise new commission members. C. Provided by staff, particularly in answering questions raised following review of the written materials and with respect to technical information regarding specific commission business. Performance Standards for Board and Commission members At least annually, and normally in December, the Council will review board and commission members on the following: 1. A minimum of 80% attendance at meetings and work sessions. 2. Consistent active participation in meetings which demonstrates completion of background research, site visitations and homework necessary for understanding and deliberating on the issues before the commission. 3. Behavior confirms that the commissioner understands that the role of the commission is advisory by statute and not policy making. 4. In all decisions the commissioner considers overall benefit to the City, not parochial considerations. 5. The commissioner displays an understanding that Council may take final action which varies from Commission recommendations after consideration and deliberation. Selection and Appointment Process Following is an outline of the appointment process and the way in which the orienta- tion program integrates with it: 1. Council solicits applications by advertisement or newspaper article. Citizen inquires about position. Summary statement, application and list of staff and commission contacts provided to applicant for additional information prior to interview. 2. Following review of applications, City Council interviews applicants and discusses the position and expectations. 3. The Council selects and appoints. The Council may wish to once more meet with the appointee to discuss expectations and responsibilities. 4. The appointee meets with the chairperson of the commission and discusses in particular the rules and procedures followed by the commission as well as techniques for assuming the role of an active commissioner. 5. The appointee meets with staff. The appointee would be provided with the written material at this stage and the discussion with staff would include a brief overview of the significance of the particular material as well as the procedures and legal requirements. -19a- Park and Recreation Advisory Commission Regular Meeting of January 8, 1987, 7:30 p.m. Plymouth City Center Council Chambers 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. Neighborhood Park Consultant Selection b. Consultant for Plymouth Creek Park 5. Unfinished Business a. Annual Report Final Approval b. Parkers Lake Construction Time Line - Bathhouse Issue c. Trails - West Medicine Lake Drive County Road 61 d. Meeting with Athletic Associations - Further Discussion e. Zachary Park Update f. 9. 6. New Business a. Review Work Schedule for Three Neighborhood Park Projects b. Discuss First Step of Community Center Study c. Set Tentative Date for 1987 Park Tour RN 7. Commission Presentation 8. Staff Communication 9. Adjourn Next Meeting - February 12 a I -,"M �00 V hey � I Mct N M ', cn 00 � OM M 72 N N w' A w H W PG W a OQ w N N U o z 6 M � O P4 E PQ R; Ln 00U x �ooU N N ooU H r- H H n U r=z �z F°a 0 a E o x c `` z w cz S z P4 o N N M T r •r, o f� H CU pq o N N04 C m £ P� Ucz uor0w N a �wcWn be(n o x o a nmoi/ �p zs0L)oU a r -N aA ••a 241 �� ..a x�U �` a"•'•a k• M N a `� ,^,� N U Pel W U H^ V U H U q5 H^ U U 0 P64 ^oti h N N � OD N N CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: December 26, 1986 TO: James G. Willis, City Manager FROM: Joe Ryan, Building Official„ SUBJECT CHELSEA WOODS FIRE On December 23, 1986, I spoke with Al Kleinbeck to clarify the information provided to you by Mr. Hans Hagen based upon his conversation with Mr. Kleinbeck earlier this week. During our discussion, I informed Mr. Kleinbeck of my inspection findings regarding the installation of materials used in the construction of the dwelling units involved in the fire. I explained to Mr. Kleinbeck that the building materials used in the construction of the separation walls did not appear to be in compliance with the requirements of the code in effect at the time of construction, and referenced the specific code sections in question. Mr. Kleinbeck indciated that although these provisions may have been part of the code, there may have been uncertainty by building officials as to the interpretation and understanding of the requirements during this time frame. According to Mr. Kleinbeck, the need to provide two 1 -hour rated wall assemblies for properties having "0" lot line conditions, came to light in the late 1970's or early 1980's. I asked Mr. Kleinbeck to research the records on file at the State Building Codes Division to determine whether any information may exist in the form of newsletters or interpretations provided by their office with respect to the requirments of separation walls between units during the time frame of this townhome develpment. He will contact me as to his findings. Mr. Kleinbeck suggested that perhaps the plan review and permit approval for these units may have been under the basis of the code requirments for apartment buildings. I informed Mr. Kleinbeck that at the time of construction a platted property line existed between each dwelling unit. I researched the requirements for apartment houses in the 1973 Edition of the Uniform Building Code which states in part, the following: "Group H occupancies, more than two stories in height or having more than 3,000 square feet of floor area above the first story, shall be not less than 1 -hour fire - resistive construction throughout. An exception to this provision indicates that dwelling units within an apartment house not over two stories in height may have non bearing walls of unprotected construction, provided the units are separated from each other and from corridors by construction having a fire -resistance rating of not less than 1 -hour". zk Page two Mr. James G. Willis December 26, 1986 If the issuance of a permit was based on requirements for an apartment house, taking into account that the dwelling units were not over two stories in height, and that the walls separating the units from each other were non bearing, it is my opinion that the materials used in the over-all wall assembly would conform with the requirements for a 1 -hour fire resistance rating. It is my interpretation of the code that although the units in this application may have been separated from each other by the required fire -resistive rating, the exterior walls of the buildings would also be required to have 1 -hour fire resistive construction. Based on the findings of my inspection of the units involved, the materials used in the exterior walls do not appear to meet the requirements for a 1 - hour rated assembly. Under the provisions of this section, the building code also required that enclosed attic spaces formed of combustible construction be divided into horizontal areas not exceeding 3,000 square feet by partitions extending from the ceiling to the roof. Such partitions shall not be less than 1/2 inch thick gypsum wallboard, or 1 inch nominal thickness tight -fitting wood, 3/8 inch thick plywood, or approved non- combustible material adequately supported. This provision would not require that a fire separation wall be provided between each unit in the attic space of an apartment building, as long as the attic space was divided into a horizontal area not exceeding 3,000 square feet with approved materials as referenced above. I was not able to access the attic space in each of the seven attached dwelling units to determine if an attic partition similar to that referenced above, was installed. Based on my research and conversations with other municipal building officials, it is possible that the interpretation of the code used to determine the general construction requirements of these dwelling units was similar to the code provisions for hotels and apartment houses. However, I cannot attest to this as it was prior to my employment with the City. Please contact me if you have further questions. December 31, 1986 Chelsea Woods Residents: Earlier we indicated in a letter that as further information was released by City officials concerning the Thanksgiving Day town- house fire, we would pass it on to you. That is the purpose of this letter. Vie now have 6 or 7 reports from the City discussing all aspects of the fire. They are difficult to summarize and still keep you adequately informed, but all reports are on file at the CWA office for any of you to read in detail and we urge you to do this. Officers Dunham and Foreman - Their report is quite graphic in describing the conditi� on and activities of one of the two occupants of 1511 other than the owner. They correctly identified 1511 as the fire source and the lower fireplace as the point of origin. Stan Scofield - Fire Marshall - His report, dated Nov 27, more completely described the activities of the two occupants (above) before and during the fire. He stated that, "The cause of the fire was accidental due to inadequate clearance of combustible construction at the chimney fireplace inset area." In a second report dated Dec 17 and addressed to Fire Chief L. Robinson, he further stated, "The wood header resting on spaces of (the) fireplace inset had dried out over a number of years to the point that a fire in the fireplace could ignite the wood at any time." And, "The fire extended into the eaves and attics of 1509, 1511, and 1513. The apparent lack of adequate fire walls contributed to the extension of the fire into the wall cavities..." Joe Ryan _ Building Official - In a Dec 17 memo to J. Willis, City Manager, describing the common walls between 1509, 1511, and 1513 states, "The construction of the exterior (separation) walls did not comply with the requirements of Table 43B 'Rated Fire Resistive Periods for Various Walls and Partitions' in the 1973 Edition of the Uniform Building Code." J. Willis, Sj_Ly Manager, after reviewing these reports, drafted a letter to Hans Hagen of Hans Hagen Homes, Inc. (involved in development of Chelsea Woods). The letter suggests that, "prudence will indicate that other walls be checked to determine whether or not they were constructed in the same fashion," and he anticipates requests from homeowners and the Association for corrective measures. The CD:A Fire Task Force and Board are taking the first step toward "corrective measures" by requesting that the City pursue the first essential step, that of inspecting our units. 01 A letter to Ccuncilweman Vasiliou is helow. It is a request for the Cite to provide such an inspection,. This matter will he on the City Council agenda NFXT t•tON'PAY FVFFING, JANUARY FIFTH! It is essential that a large group cf. CUA residents he present at that meeting to properly impress on the Council our united suppert for this action. Please be there! 7:30 PM, Monday, January 5th. Thanks. Fr the B and i � � t enneth h,arft, '� rez;id t v~L December 31, 19PC Councilwoman Maria Vasiliou 1775 Black Oaks Lane Plvmouth, Mn 55447 Dear Maria Vasiliou: P.me- #� //s Having received a copy of the memo dated December 17th from Joe GvdWQ X Ryan, Building Official, to J.G. Willis, City Manager, and the pn uw letter dated December 19th from J.G. Willis to Hans Hagen, General Contractor of the Chelsea Woods Association; the Board of �. Directors of the Chelsea Woods Association requests an immediate inspection of all cf its homes by the City of Plymouth, to see if they comply to the building code of 1973. Ve request this letter be read at the council meeting of January 5, 1987, and a reply to our request be immediately forthcoming. Sincerely yours, Kenneth A. Plant, President Chelsea Woods Association 2 Twin West' CHAMBER OF COMMERCE Woodside Office Park 10550 Wayzata Boulevard Minnetonka, Minnesota 55343 (612) 540-0234 December 22, 1986 Mr. Jim Willis 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Jim, 1 r. y We would like to work with you again in 1987 to offer the busi- ness community "State of the City" Coffee Breaks during the month of March. Last year we received a tremendous response from our members about these events. The format of the "State of the City" Coffee Break allows you thirty minutes to discuss developments of interest to area businesses. Since many business people do not live in the city where they work, these meetings provide their only summary of city happenings. The Coffee Break in Plymouth is slated for Thursday, March 26. We would like to hold it in your Council Chambers. As a host, you are responsible for providing coffee and rolls (we recommend two dozen). Hosts usually pay for the printing and mailing of reminder postcards, however, TwinWest will cover that cost for these special Coffee Breaks. Please feel free to invite your Council and staff. If there are any businesses you would like invited, please forward their names and addresses to the Chamber. �f -you have any questions, don't hesitate to call me. Sincerely',/ David C. Olson President ACCREDITED awe. a oorr.ca * SERVING CRYSTAL, GOLDEN VALLEY, HOPKINS, MEDICINE LAKE, MINNETONKA, NEW HOPE, PLYMOUTH AND ST. LOUIS PARK 1987 CITY COUNCIL MEETING SCHEDULE (1/1/87) Z Budget Study Sessions - 7:30 p.m. July 13 Budget Objectives/Orientation Aug. 31 Budget Study Session I Sept 1 Budget Study Session II Sept 21 Budget Study Session III + Joint Council/Commission Dinner Meetings - 6:00 p.m. ° Get Acquainted Sessions Mar. REGULAR SPECIAL TOWN MEETINGS OPEN MONDAY HOLIDAY BUDGET i STUDY SESSIONS i 1987: JANUARY 5 12, 26 - 7:00 -- 19 1- FEBRUARY 2 9+, 23 p.m. -- 16 - 4 MARCH 2, 16° 23+, 30* 9°(Area 4) -- --- p.m. APRIL 6°, 20°+ 27* 13°(Area 5) -- --- MAY 4*, 18 -- 11 (Area 6) -- 25 JUNE 1*, 15 22*, 29+ 8 (Area 7) -- --- JULY 6, 20 27* --- -- --- 13 AUGUST 3, 17 24* --- 10 --- 31 SEPTEMBER 21 14, 28* --- -- 7 1, 21 OCTOBER 5, 19 26* --- -- --- NOVEMBER 2, 16 23* 9 (Area 8) -- DECEMBER 7 14 --- 21, 28 --- 1987 MEETINGS 20 17 5 3 4 4 Budget Study Sessions - 7:30 p.m. July 13 Budget Objectives/Orientation Aug. 31 Budget Study Session I Sept 1 Budget Study Session II Sept 21 Budget Study Session III + Joint Council/Commission Dinner Meetings - 6:00 p.m. ° Get Acquainted Sessions Mar. 9 - 4 p.m. - 7:30 p.m. Mar. 16 - 3 p.m. - 7:00 p.m. Apr. 6 - 4 p.m. - 7:30 p.m. Apr. 13 - 4 p.m. - 7:30 p.m. Apr. 20 - 4 p.m. - 7:00 p.m. Feb. 9 Planning Commission Mar. 23 Board of Zoning Adjustements and Appeals Apr. 20 Housing & Redevelopment Authority Jun. 29 Park & Recreation Advisory Commission * Council/Staff Dinner/Study Meetings - 6:00 p.m. Mar. 30 Open Study Apr. 27 City Manager May 4 Open Study June 1 1986 Auditor's Report June 22 Public Works July 27 Park and Recreation Aug. 24 Community Development Sept 28 Open Study Oct. 26 Finance Nov. 23 Public Safety 12/29/86 NATIONAL LEAGUE OF CITIES --7—.LA BURNSVILLE No Elected & Appointed Mayor City Manager ------------------------------------------------------------------------------------------ Do any elected and/or City representatives Member of appted. officials normally who attended the CITY NLC attend NLC conference 1986 NLC conference ROSEVILLE Yes Elected & Appointed Former Mayor (scheduled for panel discussions) Mayor 4 - Councilmembers ------------------------------------------------------------------------------------------ 1 - Asst. City Mgr. MAPLE GROVE Yes Elected & Appointed 2 - Councilmembers ------------------------------------------------------------------------------------------ 1 - Mgmt Assistant GOLDEN VALLEY Yes Elected & Appointed Mayor ------------------------------------------------------------------------------------------ 3 - Councilmembers NEW HOPE Yes Elected & Appointed City Manager ------------------------------------------------------------------------------------------ City Clerk ST. LOUIS PARK Yes Elected & Appointed Mayor ------------------------------------------------------------------------------------------ 3 - Councilmembers EDINA ------------------------------------------------------------------------------------------ No No None MINNETONKA Yes Elected & Appointed Mayor 3 - Councilmembers ------------------------------------------------------------------------------------------ City Manager EDEN PRAIRIE ------------------------------------------------------------------------------------------ Yes Elected & Appointed None BURNSVILLE No Elected & Appointed Mayor City Manager ------------------------------------------------------------------------------------------ MINNESOTA Department of Energy and Economic Development Office of the Commissioner (612) 296-6424 December 18, 1986 Mr. Eric Blank Director, Parks and Recreation 3400 Plymouth Boulevard Plymouth, 1,R4 55447 RE: FY'87 LAWCON/LCMR Application Parker's Lake Park Ci y o ;south, Hennepin County Dear 'lir. Blank: 900 American Center 150 East Kellogg Bou'.evard St. Paul, Minnesota 55101 WONJ CRY Rax WW LOAMOM f LRj;N i yr ..r�...r vc This letter is intended to provide you .with information about the ranking ot' your FY 1.037 preliminary application for park and recreation grant funding. On August 18, 1986, we notified you that your application had not ranked high enough to be considered for funding. Since that time, however, additional funding has become available. Cons_ eaug;j� GrP arP n1PasPd to inform you that your project will now be programmed for a FY 1987 federal and state grant prove e by � ar Service {';=S) and Legislative Co mission on P�Iinneso a _,e rces !, R )R ) respectively. Please note that this does not mean that your application is approved. ANY tdORK DOPIE, , ONE'Y' SPEiiT, OR OBLIGATIONS INCURRED FOR ACQUISITION OR DEVELOPMENT PURPOSES E=FORE �PPRCVAL OF THE FILIAL APPLICATION BY BOTH THE NPS AID LCiIl� CANNOT LE;ALLY EE PAID WITH GRANT FUNDS CR USED AS THE LOCAL SHARE. The next sten is for •fou to prepare a finial application. The final application :wilTl be subTMitted by us to the MPS, the ' CMR and tl e-Lenislative Advisory ommissicn nor .e require re�era and state approvals. If you have any questiens regarding this matter, please feel free to call or write Gretchen Blank of this office at: Department of Energy and Economic Development Division of Corr—unity Development Parks and Recreation Grants Section 900 American Center Building 150 East Kell-•gg Boulevard St. Paul, :':: 55101 (612) 296-4703 Sincerely , David Spee Cc.mmissioner AN EQUAL OPPORTUNITY EMPLOYER �PCA _ THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS December 9, 1986 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Marofsky, Commissioners Quass, Anderson, Mellen, Cornelius, Bigelow and Musatto STAFF PRESENT: Associate Planner Al Cottingham and Building Official Joe Ryan f.lGAWI-611 MOTION was made by Chairman Marofsky, seconded by MOTION TO APPROVE Commissioner Quass to defer the approval of the November 18, MINUTES OF NOV. 18, 1986 Minutes until the January 13, 1987 meeting so that the 1986 DEFERRED Resolutions could be attached. VOTE. 6 Ayes. Commissioner Bigelow abstained. NEN BUSINESS: Chairman Marofsky introduced the Board Members and reviewed the variance criteria as contained in the Zoning Ordinance. The request submitted by Lake Country Buildiers for Mr. and LAKE COUNTRY BUILDERS Mrs. Cosentino was introduced. It is for a variance from the FOR M/M COSENTINO, minimum building side yard setback for property located at 2435 HOLLY LA. 2435 Holly Lane North, per the December 2, 1986 staff report. Mrs. Cosentino reviewed their request noting the steepness of the driveway and the problem during the winter of the cars sliding down the driveway and into the street. She referenced the difficulty they have in getting their cars into the garage due to the icy driveway. They need a "running start" in order to get the car into the garage as many times the car "fishtails" from side to side. She stated that the property owner to the south had no objections to their request. Mr. Jacobson of Lake Country Builders stated that according to Mr. Cosentino, the slope of the driveway was approximately 30 degrees which makes it difficult to access the garage during the winter months. He expressed concerns about being notified of this meeting on the Friday before, which is too short of notice. The issue of the steep drive was not in the November 4, 1986 narrative. Associate Planner Cottingham responded that Mr. Jacobson's company was informed when the application was submitted and was told when this would be on the agenda. The notification procedures and preparation of the staff report were explained. Page two Board of Zoning Minutes December 9, 1986 Chairman Marofsky inquired if Mr. Jacobson would prefer this issue be deferred until the January 13th meeting so they could respond to the staff report. Mr. Jacobson stated that they would rather have this issued reviewed this evening. Commissioner Mellen inquired if Mr. Jacobson was sure that the driveway had a 30 degree angle. Mr. Jacobson stated he was not sure, but this is what Mr. Cosentino had told him. Commissioner Mellen inquired how the additional garage stall would solve the problem of the cars sliding down the driveway. Mrs. Cosentino noted they currently have three cars and that one of them is kept outside. With a third stall the car would be parked inside and would not slide down the driveway. Commissioner Mellen inquired as to the width of the garage door. Mr. Jacobson responded that it would be a nine foot door for this third stall. Commissioner Cornelius inquired if the wall on the south side of the existing garage would remain. Mr. Jacobson responded affirmatively and they would be placing a doorway between the two garage areas. Commissioner Cornelius stated if the wall was removed, then they would have room for a third car. Commissioner Quass inquired if the petitioner had looked at constructing a detached garage to the rear of the home. Mrs. Cosentino stated the neighbors would not be pleased with a detached structure behind the home. Commissioner Quass asked if someone from their family shoveled the driveway after each snowfall. Mrs. Cosentino responded they have a contract plower remove the snow; they have him come after the slightest snowfall due to the hazard of the car sliding down the drive. Commissioner Musatto inquired if there was a concrete apron in front of the garage. Mr. Jacobson responded negatively. Chairman Marofsky pointed out that the Board is to look at the use of the land and see if the petitioner does have reasonable use of the land without granting a variance. He felt that the Cosentinos do have reasonable use of the land as it exists today. Commissioner Cornelius inquired why the south wall of the existing garage was not removed in order to solve the problem. Mr. Jacobson commented that it could be done but it would be costly. C, Paqe three Board of Zoning Minutes December 9, 1986 The Board discussed the removal of the south wall and the advantages that would be created. Commissioner Musatto inquired whose car would be parked in the third garage. Mrs. Cosentino responded that any of their three vehicles would be parked there. Commissioner Musatto commented that they would still have problems getting the third car into the garage. If the cars "fishtail" as they go up the driveway, a nine foot garage door on a 12 foot garage is not going to give them a larger opening. A ten foot garage which would meet the setback provisions would give them the same entrance opening. Commissioner Mellen noted that the standard parking stall width as required in the Ordinance is nine feet. The interior of this garage would be nine feet eight inches if a ten foot wide garage were built. MOTION was made by Commissioner Quass, seconded by Commissioner Mellen to deny the request for a variance from MOTION TO DENY the minimum building side yard setback for property located at 2435 Holly Lane North for Lake Country Builders for M/M Cosentino for the reasons stated in the draft resolution. Chairman Marofsky stated that, while it may seem difficult to deny this variance due to the slope of the driveway; a ten foot wide garage is possible and that would eliminate the variance that is requested. Commissioner Musatto noted if they were having a garage door wider than nine feet, he might see merit in approving the variance. But this is the same width as other garage doors and thus a ten foot wide garage would eliminate their problem. Mrs. Cosentino was concerned with the denial motion in that the neighbors had no concerns with this addition and it would increase property values in the area. Chairman Marof'sky noted that the petitioners do have room to add a third car garage that would be within the Ordinance setbacks. VOTE 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Marofsky reviewed the rights of appeals procedures for Mrs. Cosentino noting that they have 20 days in which to submit an appeal in writing to the City. Page four Board of Zoning Minutes December 91 1986 The request submitted by Ben Bambenek was introduced for a variance from the minimum building side yard setback for property located at 12006 Sunset Trail. Chairman Marofsky inquired as to the setbacks from Sunset Trail. Associate Planner Cottingham responded that the minimum front yard setback to Sunset Trail is 35 feet. Commissioner Mellen inquired if the property to the east, which is owned by the City was available to return to the tax rolls. Associate Planner Cottingham responded that it appears this could happen, through the proper procedures. Mr. Bambenek reviewed his request noting the topography of the property, the slope of the existing drive; that there currently is no garage on the property; and, the request is for a two car garage with living area above. He also explained this is an older area of the City; many of the homes have sideyard setbacks closer than the Ordinance required 15 feet. Commissioner Quass inquired how far this home was setback from the front property line. Associate Planner Cottingham responded approximately 70 feet. Commissioner Quass inquired about adding a garage onto the front of the home. Mr. Bambenek responded that approximately three years ago they checked into adding to the front of their home but the topography of the property made it difficult to do so. Chairman Marofsky inquired why this expansion could not wait until the City had a chance to verify if the property could return to the tax rolls; the Bambeneks could obtain the land and no longer need a variance. Mr. Bambenek responded they would like to have the garage built this season since they have a builder and the price is affordable. The Board discussed setbacks of other homes in the area and what effects they would have on this property. Commissioner Bigelow requested an explanation of the request. Associate Planner Cottingham stated that it is for a nine foot encroachment into the required 15 foot side yard setback which would allow for a six foot side yard setback. _" -�-- — �'o Gam. BEN BAMBEPEK, 12006 SUNSET TRAIL. VARIANCE FROM MINIMUM SIDE YARD SETBACK. Page five Board of Zoning Minutes December 9, 1986 Chairman Marofsky summarized the options for the Board; they could approve this as submitted, deny the request as sub- mitted or defer the request to give the City time to invest- igate the status of the land to the east. Commissioner Quass stated he believed there is a uniqueness to this property, but also that there is an alternate location for a garage within Ordinance setbacks. Commissioner Cornelius stated that if they were to build in front of the existing home, a steeper drive would be created. This would be difficult to maintain and they would have similar problems as the previous applicant. The Board discussed the City owned land to the east, it's impacts on this land and this proposal. The Board noted that a 45 foot wide piece of land is narrower than the normal City right- of-way for roads and thus there would probably not be a road put through on this property. MOTION was made by Commissioner Cornelius, seconded by NOTION TO APPROVE Commissioner Bigelow to approve the request for a variance from the minimum building side yard setback for property located at 12006 Sunset Trail for the reasons stated in the draft resolution and the following reasons: 1. The position of the home on this lot, noting that it was originally built parallel to Sunset Trail and not parallel to the side property lines. 2. The topography of this lot, which eliminates alter- natives on this lot. Commissioner Quass stated he believed there were alternate locations for a detached structure on this lot. Chairman Marofsky pointed out that if this garage was built with the original home, they probably would have been able to have it constructed since the house is approximately six feet from the west property line. VOTE 4 Ayes 3 Nays. Chairman Marofsky, Commissioners Quass VOTE - NOTION CARRIED and Mellen voted nay. MOTION carried. ADJ"NlFNT Meeting adjourned at 9:20 P.M. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 19th day of December . 1986. The following members were present: Chairman Marofsky, Commissioners Quass, Anderson, Mellen, Cornelius, Bigelow and Musatto The following members were absent: None Commissioner Quass introduced the following Resolution and moved its adoption: RESOLUTION NO. B 86-32 DENYING VARIANCE REQUEST FOR LAKE COUNTRY BUILDERS, INC. FOR M/M COSENTINO, 2435 HOLLY LANE (12-01-86) WHEREAS, Lake Country Builders Inc. for M/M Cosentino have requested approval of a 2 ft. encroachment into the Ordinance side yard setback of 15 feet in order to construct 12 x 32 foot third car attached garage; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Lake Country Builders Inc. for M/M Cosentino, for a 2 ft. variance to allow a 13 ft. side yard setback for property located at 2435 Holly Lane for the following reasons: 1. The variance criteria have not been met. 2. An addition could be constructed within the Ordinance requirements. 3. Approval would establish an undesirable precedent. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Mellen , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Quass, Mellen, Anderson. Cornelius. Bigelow and Musatto The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. 1::oC-, CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the 9th day of December 1986. The following members were present: Chairman Marofsky, Commissioners Quass, Anderson, Mellen, Cornelius, Bigelow, and Musatto The following members were absent: None Commissioner Cornelius introduced the following Resolution and moved its adoption: RESOLUTION NO. B 86-33 APPROVING VARIANCE REQUEST FOR BENJAMIN BAMBENEK, JR., 12006 SUNSET TRAIL (12-02-86) WHEREAS, Benjamin Bambenek, Jr. has requested approval of a 9 ft. encroachment into the Ordinance side yard setback of 15 feet in order to construct 20 x 24 foot attached garage and living area; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Benjamin Bambenek, Jr., for a 9 ft. variance to allow a 6 ft. side yard setback for property located at 12006 Sunset Trail for the following reasons: 1. The variance criteria have been met. 2. No other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Bigelow , and upon vote being taken thereon, the following voted in favor thereof: Commissioners Cornelius, Bigelow, Musatto, and Anderson. The following voted against or abstained: Chairman Marofsky, Commissioners Quass and Mellen. Whereupon the Resolution was declared duly passed and adopted. Minutes of the Regular Meeting of the Park and Recreation Advisory Commission December 11, 1986 Page 35 Present: Chair Edwards, Commissioners Anderson, Reed, LaTour, Beach and Rosen; Councilmember Zitur; staff Blank and Pederson 1. CALL TO ORDER Chair Edwards called the meeting to order at 7:35 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Commissioner LaTour and seconded by Commissioner Beach to approve the minutes of the November 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. The Council approved a contract with Brauer and Associates to work on Phase II of Parkers Lake City Park. b. The Zachary Playfield landscaping plans have been approved. c. The Council approved the process to hire a neighborhood park design consultant for the design of three neighborhood parks in 1987. Requests for Proposal have been mailed to several firms. 5. UNFINISHED BUSINESS a. Parkers Lake Phase I & II Update - Review Construction Budget. Director Blank reviewed the revenues and expenses of the park dedication fund account X1219 (neighborhood parks) and the revenues and expenses of account #218 (city parks/community playfields) as well as a preliminary cost estimate for Phase II of Parkers Lake City Park. He stated that our 1987 LCMR grant proposal includes a boat ramp with parking, a parking lot with lighting, a fishing pier and one picnic shelter for a total of $227,000. Miscellaneous items and Brauer's fee added in equal a total of $309,000. Revenues to cover these expenses will come from the state grant ($86,300), a private donation of $8,000, revenue sharing of $95,000 and $121,700 will come from park dedication account #218 (city parks/community playfields). Director Blank also discussed the proposed bathhouse, its size and multiple uses at an estimated cost of between $100,000 and $200,000. Commissioner Reed expressed some concern over the proposed expenditures for Phase II of Parkers Lake, including the cost associated with the bathhouse. He wondered if the bathhouse construction was necessary in 1987. Other commissioners expressed their desire to have the bathhouse constructed during the 1987 summer season. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER REED TO RECOMMEND ACCEPTANCE OF THE PROPOSED $309,000 EXPENDITURE FOR PHASE II OF PARKERS LAKE CITY PARK, AND FURTHER, TO CONSIDER THE $200,000 EXPENDITURE FOR A BATHHOUSE. The motion carried with five ayes. Commissioner Beach voted nay. Director Blank indicated that public meetings would be held in January for interested residents to review the design for Phase II construction of Parkers Lake City Park. He also pointed out that a private individual PRAC Minutes December 11, 1986 Page 36 has donated $8,000 toward the construction of a playground area at this park. A MOTION WAS MADE BY COMMISSIONER LATOUR AND SECONDED BY COMMIS- SIONER BEACH TO RECOMMEND ACCEPTANCE OF AN $8,000 DONATION. TO BUILD A PLAYGROUND AT PARKERS LAKE CITY PARK. The motion carried with all ayes. b. Plymouth Creek Park Site Planning. This item is on hold. C. Request for Trail on County Road 61. The firm of Strgar-Roscoe is doing survey work on County Road 61, and this information will be available at the January PRAC meeting. d. Review Draft of Annual Report. After their review of the draft copy of the Annual Report, Chair Edwards suggested that the highlights section include a paragraph on PRAC members attendance at the MRPA Board and Commissioners meetings held in the spring and fall at Highland Recreation Center and the Braemer Clubhouse. Commissioner Beach also wanted an additional statement added to the goals and objectives page regarding working toward the development of one, unified Plymouth athletic association (Goal 414). The final Annual Report will be distributed at the January meeting. e. Joint Council/PRAC Meeting. The agenda for the joint Council/PRAC meeting to be held on December 15 was reviewed by PRAC. 6. NEW BUSINESS a. Special Meeting with Athletic Associations. Director Blank announced that it has been a number of years since PRAC members have met with representatives of the athletic associations. He reviewed possible topics that could be discussed at such a meeting. Chair Edwards suggested that a meeting scheduled for the end of February would be a good time. This item will be discussed in more detail at the January and February meetings. b. Report on Traffic Study on West Medicine Lake Drive. A report is being prepared by the firm of Strgar-Roscoe, and it will be available at the January PRAC meeting. c. Review. County Road 9 Trail Plans. Director Blank displayed a copy of the trail plans for County Road 9 for PRAC to review. 7. COMMISSION PRESENTATION None. 8. STAFF COMMUNICATION None. 9. ADJOURNMENT The meeting adjourned at 9:07 p.m. DATE: TO FROM CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO December 26, 1986 All Eligible City Employees James G. Willis, City Managex_ SUBJECT 1987 HOLIDAYS Below are the official City holidays for 1987 and the date upon which each will be offered: Holiday New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Holiday* Christmas Day Date January 1 January 19 February 16 May 25 July 3 September 7 November 11 November 26 & 27 December 25 * Maintenance employees celebrate Columbus Day, Monday, October 12 and Thanksgiving Day, November 26 in place of the two day Thanksgiving holiday. JGW:jm cc: Mayor & City Council DETOUR: Southbound I-494 to Eastbound Hwy. 12 N JYW- DETOUR: Northbound I-494 to Westbound Hwy. 12 1 N If DETOUR: Westbound Hwy. 12 to Southbound 1-494 LeFevere Lef ler henned%, O'Brien R DraNN-7. 1 I'n i .siunal ,A,,,IN iili n1 2000 First Bank Place West December 29, 1986 Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 I am confident that the court, after reviewing all of the evidence and legal authorities, will conclude that the City acted properly, and therefore the court will not need to address Defendant's claim for attorney's fees. Nevertheless, it is important to point out that Defendant's claim is completely without merit. Defendant's claim is based on Minnesota Statutes, Section 117.045, which allows a party to recover its attorney's fees if it successfully brings "an action compelling an acquiring authority to initiate eminent domain proceedings." In McShane v. City of Fairbault, 292 N.W.2d 253, 260 (Minn. 1980) the Minnesota Supreme Court held that an award of attorney's fees pursuant to Section 117.045 is not appropriate when remedies, other than mandamus, are available to the property owner. The City DELIVERED BY MESSENGER Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien The Honorable Patrick W. Fitzgerald John E. Drawz Judge of District Court David J. Kennedy Room 1753 John B. Dean Glenn E. Purdue Hennepin County Government Center Richard J.Schieffer Minneapolis, Minnesota 55487 Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. RE: City of Plymouth v. Mendota, Inc. Thomas R. Galt Court File No. 85-15359 Dayle Nolan Brian F. Rice John G. Kressel Dear Judge Fitzgerald: Lorraine S. Clugg James M. Strommen pursuant to your instructions I am enclosing a copy of Ronald H. Batty William P. Jordan the City's Proposed Findings of Fact, Conclusions of Law, Kurt J. Erickson and Order for Judgment. William R. Skallerud Rodney D. Anderson Corrine A. Heine You also requested that the parties provide you with any David D. Beaudoin supplemental legal authorities in the form of a letter. Paul E. Rasmussen The City's Trial Brief adequately covers all of the Steven M. Tallen significant issues to be resolved in this case. However, I believe it is appropriate to briefly comment on three subsidiary issues that were raised during trial. DEFENDANT'S CLAIM FOR ATTORNEY'S FEES I am confident that the court, after reviewing all of the evidence and legal authorities, will conclude that the City acted properly, and therefore the court will not need to address Defendant's claim for attorney's fees. Nevertheless, it is important to point out that Defendant's claim is completely without merit. Defendant's claim is based on Minnesota Statutes, Section 117.045, which allows a party to recover its attorney's fees if it successfully brings "an action compelling an acquiring authority to initiate eminent domain proceedings." In McShane v. City of Fairbault, 292 N.W.2d 253, 260 (Minn. 1980) the Minnesota Supreme Court held that an award of attorney's fees pursuant to Section 117.045 is not appropriate when remedies, other than mandamus, are available to the property owner. The City The Honorable Patrick W. Fitzgerald December 29, 1986 Page 2 has previously demonstrated to the court in its trial brief that the appropriate remedy in this case, assuming arguendo that the City acted unreasonably or that the City "took" Defendant's property, is not mandamus. The appropriate remedy would be to declare that the disputed conditions could not be imposed as part of the final plat approval. The City would then be required to approve Defendant's plat without the disputed conditions. Because mandamus is not an appropriate remedy, Defendant's claim for attorney's fees must fail. The case of Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn. 1984), which Defendant relies on to support its claim for attorney's fees, is not applicable to this case because the City has not physically appropriated Defendant's property. In Spaeth, the court held that the City, as a result of its physical activity, had permanently flooded the Plaintiff's property. The court therefore concluded that the Plaintiff was entitled to recover its attorney's fees because there was no adequate remedy, other than mandamus. CREDIBILITY OF WITNESSES During the trial a direct conflict in the testimony occurred regarding statements allegedly made by City staff members, especially Blair Tremere and Sara McConn, to Defendant's consultant, Terry Schneider. Although the conflicting testimony probably relates only to a subsidiary issue in the case, I believe that it is important to comment on the conflicting testimony. The conflicting testimony essentially pertains to the reasons why Defendant objected to the dedication requirements and the two other disputed conditions. The record is abundantly clear that the sole reason why Defendant objected to those requirements was that Judge Arthur's Summary Judgment Order, which was subsequently reversed by the Court of Appeals, was brought to Defendant's attention. Defendant admits that fact in paragraph 4 of its Answer, when it states: "Defendant knew as of the date of preliminary plat approval that the City would require dedication of right-of-way for Northwest Boulevard and Bass Lake Road ." Defendant then goes on to allege in paragraph 4 that it was not advised, as of that date, of Judge Arthur's ruling in the Middlemist case. Mr. Hickok's own testimony at trial and Mr. Rapp's letter dated August 12, 1985 (Plaintiff's Exhibit 17) demonstrate that Judge Arthur's ruling was the reason why Defendant waited until the final moment to object. Rather than accepting the true reason, Mr. Schneider attempted to "explain" the earlier statements in his The Honorable Patrick W. Fitzgerald December 29, 1986 Page 3 memos and letters which clearly indicate that he understood the conditions that would be required by the City. Instead, he retroactively attempted to put words which were never spoken in the mouths of certain City staff members. In addition, he attempted to explain his earlier statements by saying that the City reneged, --on certain commitments that were made to him. The evidence supports practically none of Mr. Schneider's testimony. While the City recognizes that this issue is not the main one in this case, it demonstrates that the City staff members' testimony on this issue is accurate, as well as on other issues that are important to the ultimate resolution of this case. DEFENDANT'S LACK OF LEGAL AUTHORITY In its Trial Brief, Defendant refers to "prior memoranda" submitted to the court by Defendant in conjunction with this case. Presumably, Defendant is referring to its Memorandum of Law submitted in support of its summary judgment motion. Both in that Memorandum and in its Trial Brief, Defendant cites no cases to supports its position. Rather, Defendant goes to great lengths to distinguish the cases that the City has cited to support its position. Admittedly, all of the cases cited by the City are not directly on point factually with the present case. Nevertheless, all of the cases support in principle the City's position. In addition, several of the cases, such as the Ayres, Middlemist, and Associated Home Builders decisions are extremely close factually to the issues to be resolved in this case. The non -Minnesota cases that the City has cited are from jurisdictions, such as Wisconsin, California, and New York, that the Minnesota Supreme Court in Collis specifically referred to as jurisdictions which it intended "to follow the lead of." 246 N.W.2d at 26. The fact that Defendant is forced to distinguish the cases cited by the City, rather than relying on cases that support its own position, demonstrates the weakness of Defendant's position. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'ARIEN & DRAWZ J mes Thomson, Jr. JJT/kjj STATE OF MINNESOTA COUNTY OF HENNEPIN Declaratory Judgment DISTRICT COURT FOURTH JUDICIAL DISTRICT File No. 85-15359 City of Plymouth, a Minnesota municipal corporation, Plaintiff, VS. PLAINTIFF'S PROPOSED FINDINGS OF FACT, CONCLUSIONS Mendota, Inc., a Minnesota OF LAW AND ORDER FOR corporation, JUDGMENT Defendant. The above -entitled matter came on for trial before the undersigned Judge of District Court, sitting without a jury, commencing December 8, 1986. Plaintiff appeared by James J. Thomson, Jr., Esq. and Corrine A. Heine, Esq., of LeFevere, Lefler, Kennedy, O'Brien & Drawz, P.A., 2000 First Bank Place West, Minneapolis, Minnesota 55402. Defendant appeared by S. Todd Rapp, Esq., of Estes, Parsinen and Levy, 100 South Fifth Street, Minneapolis, Minnesota 55402. Upon all the files, records and proceedings herein, and upon all the evidence adduced at trial, the Court makes the following: FINDINGS OF FACT 1. Plaintiff City of Plymouth (City) is a Minnesota municipal corporation whose principal place of business is located in Hennepin County, Minnesota. 2. Defendant Mendota, Inc. (Mendota) is a Minnesota corporation doing business in Hennepin County, Minnesota. 3. Mendota is a family -held corporation engaged primarily in the business of real estate acquisition, development and sales. 4. The president and a shareholder of Mendota is Eugene Hickock. Mr. Hickock is a licensed engineer and is experienced in acquiring, subdividing, developing and selling real estate. 5. Mendota is the owner of an unplatted 25.9 acre tract of land located, generally, at the intersection of Bass Lake Road (also known as County Road 10) and future Northwest Boulevard (also known as future County Road 61) in the City of Plymouth (alternately referred to as the "subject property" or "Quinwood Commercial Center"). The subject property is presently bounded on the south by Bass Lake Road, on the west by existing Quinwood Lane, on the north by the city limits of the City of Maple Grove, and on the east by property owned by Bass Lake Development, Inc. and platted as Bass Lake Estates. Future Northwest Boulevard runs in a northeasterly -southwesterly direction and bisects the subject property. 6. Mendota purchased the subject property in 1973 as part of a larger tract, for an unknown price. That tract was the most westerly of four tracts of land lying north of Bass Lake Road and west of Hemlock Lane in the City. G.J. Kauffman owned the tract east of the subject property; Mendota owned another tract to the east of Kauffman's tract; and Boyer Palmer owned the most easter- ly tract, abutting Hemlock Lane. All four tracts of land were 2 -9 undeveloped in 1973, because there was no City water or sewer service available to serve that area of the City. 7. In 1978, Mendota platted the northwesterly tip of the tract it had acquired in 1973 as the Maple Grove Center Second Addition. Mendota dedicated the right-of-way for Bass Lake Road and Quinwood Lane in the plat. During the platting process, Mendota offered to construct Quinwood Lane at its expense. Mendota wanted Quinwood Lane constructed to serve as an access road from Bass Lake Road to Maple Grove Center First Addition in Maple Grove, where Mendota was developing a shopping center. Because there was no City water or sewer service available for Maple Grove Center Second Addition, Mendota proposed to obtain water and sewer service through a temporary connection to the City of Maple Grove system. The City consented to such a temporary connection but provided by resolution that no further development east of Quinwood Lane would be allowed until there was City water service available to that area. Mendota subsequently installed a 12 inch water main within the right-of-way of Quinwood Lane and completed the temporary connection to Maple Grove. 8. In 1979, the City completed construction of a major pumping station that could provide water and sewer service to the area north of Bass Lake Road, east of Quinwood Lane, and west of Hemlock Lane, which included the subject property and the Kauffman, Mendota and Palmer tracts. 9. Between 1979 and 1983, Mr. Palmer informally approached the City Planning Department on various occasions with some N development ideas for his property near Hemlock Lane. The City advised Mr. Palmer in July 1983 that the type of development he was contemplating would require zoning for a planned unit devel- opment (P.U.D.) and that Palmer's property did not meet the 40 -acre minimum requirement for P.U.D. status. The City suggest- ed that Mr. Palmer talk with the neighboring property owners if he wanted to pursue such a development. 10. Mr. Kauffman also approached the City informally in 1983 with questions about the zoning and land use guiding of his property. The City advised Mr. Kauffman of Mr. Palmer's inter- ests in developing Palmer's property and suggested that Kauffman contact Palmer. 11. Subsequently, Bass Lake Development, Inc. purchased both the Palmer and Kauffman tracts referred to in Findings of Fact 6, 8, 9, and 10 above. 12. In October 1983, Terry Schneider, a consultant for Mendota and Bass Lake Development, Inc., began discussions with City staff about possible development of Mendota's and Bass Lake Development's properties. The City staff informed Mr. Schneider that it would favor a joint development proposal for the entire area north of Bass Lake Road, east of Quinwood Lane and west of Hemlock Lane. The City staff also advised Mr. Schneider in October 1983 that the City would require dedication of all thoroughfares within the plat and that the developer would be responsible for the cost of grading the roads and paying for improvements up to normal street standards. The City staff further advised Mr. Schneider that a joint development could 4 l -9 qualify for P.U.D. zoning, which would allow greater density of development per acre; that the dedicated rights-of-way could be included in the density calculation; and that additional density could be obtained by demonstrating the impact of the road dedication and road construction costs on the project. Mr. Schneider communicated the City staff's comments to Mendota and Bass Lake Development, Inc. by January 1984. 13. In August 1984, Mendota entered into a purchase agree- ment with Bass Lake Development, Inc., for that portion of the subject property lying south of the proposed right-of-way for Northwest Boulevard. The agreed purchase price was at least $30,000. 14. Prior to October 1984, Bass Lake Development, Inc. submitted to the City an application for rezoning, residential P.U.D. concept plan, preliminary plat/plan and conditional use permit. The preliminary plat included all of Bass Lake Develop- ment's property and also included that portion of the subject property referred to in Finding of Fact 13 above. The proposed plat was known as Bass Lake Estates. 15. Because §500.15 of the City's subdivision regulations require that all contiguous parcels under single ownership be included in any proposed plat, the City staff informed Bass Lake Development, Inc. in October 1984 that, if it wished to include any portion of Mendota's property in the plat for Bass Lake Estates, all of the subject property had to be included. 16. On January 25, 1985, Mendota submitted to the City an application for a mixed P.U.D. concept plan, preliminary 5 __J__." 9 plat/plan, rezoning and conditional use permit. Mendota's application was submitted in conjunction with the application of Bass Lake Development. Mendota's preliminary plat included all of the subject property and was known as Quinwood Commercial Center. The application indicated that the Quinwood Commercial Center project would be completed in 1990. 17. As of January 1985 Quinwood Commercial Center and Bass Lake Estates were zoned F.R.D. (Future Restricted Development) by the City Zoning Code. The Land Use Guide Plan guided that portion of Quinwood Commercial Center/Bass Lake Estates lying north of future Northwest Boulevard as "S" or CS (Service Business), with a corresponding zoning designation of B-3 (Service Business District). The Land Use Guide Plan guided that portion of Quinwood Commercial Center/Bass Lake Estates lying south of Northwest Boulevard as LA -1 (Low Density Residential). The Quinwood Commercial Center/Bass Lake Estates applications requested rezoning consistent with the Land Use Guide Plan, together with an overlaying M.P.U.D. zoning designation. 18. The preliminary plat for Quinwood Commercial Center depicted the locations of the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road, in conformity with the City's Thoroughfare Guide Plan. The plat contemplated that ultimately Quinwood Commercial Center would be divided into 11 lots, and that it would have direct access to Northwest Boulevard and indirect access to Bass Lake Road, via Quinwood Lane. Plaintiff's Exhibit #3 is a copy of the Quinwood Commercial 0 Center preliminary plat and is hereby incorporated as though fully set forth herein. 19. Mendota's January 25, 1985, application included the following language: As part of the overall planning for the area, we are proposing to dedicate the necessary right of ways [sic) for the proposed Northwest Boulevard (County Road 61) and the relocation of County Road 10 to the south of the site. 20. Before and after Mendota submitted its application, Terry Schneider, still acting as a consultant for Mendota, expressed to the City staff some concerns that Mendota had about paying "up -front" or carrying costs on the Quinwood Commercial Center property, specifically, the cost of street and utility improvements. The City staff informed Mr. Schneider that Mendota would not be required to pay for any improvements until actual development of Quinwood Commercial Center was begun. Mr. Schneider so advised Mendota in February 1985. 21. On or about February 22, 1985, the City received a narrative report generally describing the Bass Lake Es- tates/Quinwood Commercial Center as a two -staged development. The residential property, consisting primarily of Bass Lake Estates, was to be the first stage, and the commercial property, consisting primarily of Quinwood Commercial Center, was to be the second stage. The portion of the narrative report pertaining to Quinwood Commercial Center included language identical to that quoted in Finding of Fact 19 above. 22. The February 1985 narrative report included a copy of the Overall Development Plan for Bass Lake Estates/Quinwood Commercial Center. Plaintiff's Exhibit #35, a copy of the 7 G Overall Development Plan, is hereby incorporated as though fully set forth herein. Under that development plan, Mendota would have constructed 11 buildings on 11 lots, 4 of which did not meet the one -acre minimum lot size requirement under ordinary zoning standards. 23. In a later concept plan submitted by Mendota, Mendota proposed to construct 13 buildings on 11 lots, which exceeded the density limits imposed by ordinary zoning standards. The concept plan identified some of the possible land uses as restaurant, convenience food, medical, convenience grocery and office. The concept plan, Plaintiff's Exhibit #88, is hereby incorporated as though fully set forth herein. 24. Because the proposed Quinwood Commercial Center/Bass Lake Estates plats abutted existing and proposed county roads, the City forwarded them to Hennepin County for review, in accordance with Minnesota Statutes S§505.02 and 505.03. By a letter dated February 22, 1985, the Hennepin County Department of Transportation advised the City that the proposed plat for Quinwood Commercial Center was acceptable subject to several conditions, including that Mendota dedicate the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road. The City provided Mendota with a copy of the County's letter. Terry Schneider reported to Mendota in March 1985 that Hennepin County's response to the Quinwood Commercial Center plat "looks O.K." 25. On February 26, 1985, the City's staff review committee (consisting of representatives from the City's Planning, N Building, Engineering, Fire and Parks and Recreation Departments) met to review the Bass Lake Estates/ Quinwood Commercial Center proposal. On or about February 28, 1985, the City sent a letter to Bass Lake Development, Inc. and Mendota summarizing the City staff's comments and referring the proposal to the Planning Commission. 26. On March 18, 1986, the City's Community Development Department prepared a report and recommendation to the City's Planning Commission regarding the proposed development. The Department recommended approval of Mendota's application, subject to certain conditions, including compliance with the City Engineer's Memorandum. 27. On March 20, 1985, the City's Public Works Department prepared an "Engineer's Memo" to the City's Planning Commission and City Council regarding the proposed Quinwood Commercial Center/Bass Lake Estates development. The Public Works staff recommended, inter alia: a. That Mendota and Bass Lake Development be required to dedicate the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road as shown on the preliminary plats; and b. That Mendota and Bass Lake Development be responsible for one-half the cost of constructing a 52 -foot wide, 9 ton street for that part of future Northwest Boulevard that would abut commercial property; and C. That Mendota install a 12 inch water main within the right-of-way for Bass Lake Road and from Quinwood Lane to the intersection of Bass Lake Road and County Road 47. 28. In recommending that Mendota and Bass Lake Development, Inc. dedicate the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road, the Public Works Department relied 9 upon the following provisions of the City's Zoning Ordinance and City Code: Section 500.09, Citv Code: The final plat shall contain the following information and shall be set forth in the form provided in this Subsection: (o) An appropriate statement dedicating all streets, alleys and other public areas not previously dedicated. Section 500.17, City Code: Subd. 7. Dedication of Streets. All proposed streets shall be offered for dedication as public streets... Section 4, Subdivision B. Zoning Ordinance Street -- Any roadway or public space not less than 16 feet in width which has been dedicated or deeded to the public for public transportation and access. 29. In recommending that Mendota and Bass Lake Development, Inc. be responsible for water main and road construction, the Public Works Department relied upon Section 500.29 of the City Code and the City's Special Assessment Policy. The City Code provides: 500.29. Basic Improvements; Installed by Developer. Subdivision 1. General Rule. No final plat shall be approved by the Council unless the owner or subdivider has, at his own expense, complied with the requirements of this Subsection. Subd. 3. Streets. Streets shall be constructed which are graded and paved in accordance with specifications provided by the City Engineer... Subd. 7. Water. Water mains and service connections stubbed in to the property line shall be installed to serve all lots in the subdivision when the location of such plat is within an area of the City which is either being assessed for 10 water service or within which contracts for such service have been awarded by the Council. The Council, in its discretion, may waive the application of this portion of the ordinance upon a showing that to require the installation of water mains within the subdivision would not be feasible with regard to the extension of existing trunk mains to service the subdivision or that the particular locations or unusual circumstances of the proposed plat would cause undue hardship to either the owner or subdivider or the City. 30. The City's Special Assessment Policy is an ordinance adopted by the City that sets forth the City's policy determina- tion of what costs for improvements may fairly be assessed against particular types of properties under the theory that the improvement specially benefits the property. Section I.B.3 of the Special Assessments Policy provides: Lateral Assessments. It is the policy of the City to assess fully the costs of all lateral water mains to a given project area...[I]n commercial and industrial zoned properties,... the special benefit shall be limited to a pipe no greater than twelve inches in diameter. Section I.D. of the Special Assessment Policy assesses the special benefits of a street improvement based upon the functional classification of the street and the intensity of the zoned or guided land use. The policy provides: [Section I.D.31 b. Higher Density Residential (R-3 and R-4) and Commercial /Industrial. It is the normal City policy to fully assess the cost of all streets to the above residential, commercial and industrial areas if the property abuts the roadway. A table in Section I.D.3 specifies that the special benefit of "S" guided or B-3 zoned commercial property is a 9 -ton road, up to 52 feet in width. 11 31. On March 27, 1985, after a public hearing, the City's Planning Commission recommended approval of Quinwood Commercial Center/Bass Lake Estates to the City Council, subject to certain conditions and requirements, including compliance with those provisions of the "Engineer's Memorandum" listed in Finding of Fact 27 above. 32. On April 15, 1985, pursuant to Resolution 85-257, the City Council approved the preliminary plats for Quinwood Commer- cial Center and Bass Lake Estates, subject to certain conditions, including that Mendota and Bass Lake Development, Inc. comply with the City Engineer's Memorandum. See Finding of Fact 27 above. 33. Mendota subsequently submitted to the City an applica- tion for final plat approval dated June 27, 1985. The proposed final plat submitted by Mendota contemplated the final platting of Quinwood Commercial Center into four outlots: Outlot A (the larger portion of the tract ultimately contemplated for commer- cial development); Outlot B (the right-of-way for future County Road 61); Outlot C (the portion Mendota had agreed to sell to Bass Lake Development, Inc. for inclusion in the Bass Lake Estates residential development); and Outlot D (the right-of-way for realigned Bass Lake Road). The narrative stated that Outlots B and D would be dedicated to the public at the time that Outlot A was ultimately platted into buildable lots. Plaintiff's Exhibit #14, a copy of the proposed final plat of Quinwood Commercial Center, is hereby incorporated as though fully set forth herein. 12 34. On July 16, 1986, the City's staff review committee met to discuss the final plat application. Consistent with the conditions imposed by the City Council in its preliminary plat approval, the City staff advised Mendota by letter dated July 19, 1986, that the City would require that the rights-of-way for Bass Lake Road and Northwest Boulevard be platted as rights-of-way rather than as outlots. 35. On August 5, 1985, the City staff prepared a memorandum to the City Council recommending approval of the final plats and final M.P.U.D. plan for Quinwood Commercial Center and Bass Lake Estates, on certain conditions, including that Mendota comply with the City Engineer's Memorandum for final plat dated July 24, 1985, and that Outlots B and D be platted as rights-of-way and dedicated to the City. The July 24, 1985, Engineer's Memorandum also required the dedication by plat of Outlots B and D as rights-of-way. In addition, the Engineer's Memorandum provided that, because Quinwood Commercial Center was being platted as outlots, no development contract would be required until the outlots would be ultimately platted into buildable lots. In contrast, the City did require Bass Lake Development, Inc. to enter into a development contract regarding the construction and installation of improvements benefiting the residential portion of the Bass Lake Estates Plat, which was being platted into buildable lots. 36. City Council action on Mendota's final plat was scheduled for August 12, 1985. By a letter dated August 12, 1985 and delivered to the City at 4:00 p.m. the same day, Mendota's 13 =-q attorney informed the City that Mendota objected to certain conditions contained in Resolution 85-257. (See Finding of Fact 32 above). Specifically, Mendota objected to each of the conditions listed in Finding of Fact 27 above, as applied to Mendota. 37. The August 12, 1985, letter was the first and only time throughout the plat approval process that Mendota advised the City that it objected to the street dedication and street and utility improvements requirements. Mendota objected to those requirements because it had recently learned of a decision rendered in Middlemist, Inc. v. City of Plymouth, Henn. Co. Dist. Ct. File No. 84-03988. Mendota believed that the Middlemist decision gave it a legal basis for refusing to comply with the City's plat requirements. 38. At its meeting on August 12, 1985, the City Council deferred action on the final plat application of Mendota and Bass Lake Development, Inc. 39. By letter dated August 21, 1985, Bass Lake Development, Inc. asked the City to proceed with final plat approval of the Bass Lake Estates plat as a separate proposal from the Quinwood Commercial Center plat, so that the residential development of Bass Lake Estates could proceed. In a memo for the City Council dated August 22, 1985, the City staff advised that separate platting of Bass Lake Estates was acceptable to the staff. 40. On August 26, 1985, the City Council adopted Resolution 85-632, denying final plat approval for Quinwood Commercial Center on the bases that the proposed final plat was not 14 consistent with the approved preliminary plat or with the project proposal submitted February 22, 1985, relative to dedication of necessary public road right-of-way. At the same meeting, the City Council approved the final plat for Bass Lake Estates. 41. The approximate size of the actual commercial portion of Quinwood Commercial Center, including interior streets but excluding Bass Lake Road and Northwest Boulevard right-of-way, is 16.4 acres. The approximate area of the right-of-way for Northwest Boulevard is 1.56 acres and the approximate area of the right-of-way for the realignment of Bass Lake Road is 1.12 acres, which excludes a 54 -foot easement granted to the City in 1975. The approximate size of the residential portion of Quinwood Commercial Center, which was to be included in the Bass Lake Estates plat, is 3.6 acres. 42. As of January 30, 1985, the City had adopted a comprehensive plan, including a transportation plan, a thoroughfare guide plan, and a land use guide plan. The comprehensive plan sets forth the City's future goals and objectives for the ultimate development of land within the City. The thoroughfare guide plan depicts the locations of existing and future streets needed to support the development proposed by the land use guide plan. The land use guide plan sets forth objectives for ultimate land use development within the City. 43. The City's Thoroughfare Guide Plan depicts the locations of Bass Lake Road and Northwest Boulevard. Both of these streets are functionally classified as "minor arterials" in the City's Thoroughfare Guide Plan and Transportation Plan. The 15 functional classification system used by the City was borrowed from the Metropolitan Council's Transportation Development Guide/Policy Plan. The primary function of minor arterials is to connect adjacent subregions and activity centers within subregions. Minor arterials are used primarily for medium to short trips at moderate to low speeds and local transit trips. Generally, the trips taken on minor arterials are less than 6-8 miles in length. The Metropolitan Council Transportation Plan classifies minor arterials as local, rather than metropolitan streets; it further provides that minor arterials should generally not continue across two or more subregions. 44. Both Bass Lake Road and future Northwest Boulevard are designated as county state aid highways. That designation relates only to funding and not function of the street. Hennepin County also has in place a cost participation policy for sharing roadway acquisition and construction costs with cities. It is undetermined whether cost participation will apply to either realigned Bass Lake Road or future Northwest Boulevard. 45. The City's practice is to apply its street dedication and street improvements ordinances to all streets, regardless of whether the street is designated as a county road or county state aid highway, and regardless of whether the Hennepin County cost participation policy will apply to construction of the road. The jurisdiction of the road and the availability of cost participation do not affect whether dedication will be required. Where, however, cost participation is available, the City shares the benefits of the Hennepin County cost participation policy 16 with the developer by reducing the amount of the developer's improvement assessment on a pro rata basis for each cost -participation dollar received from the County. 46. The City's practice is to acquire future rights-of-way by plat dedication as the properties adjoining the rights-of-way develop. Where the need for the road arises prior to development of the property, the City condemns or purchases the right-of-way and constructs the road. The costs of constructing the road, including the cost of acquiring the road right-of-way, are assessed against abutting properties, pursuant to chapter 429 of Minnesota Statutes. 47. At all times relevant to this action, the City support- ed the concept of joint development of the Mendota and Kauffman/Palmer/Bass Lake Development tracts, because joint development would facilitate the establishment of smooth traffic circulation, open space uses and other community planning objec- tives. At no time was the City motivated by any desire to obtain plat dedication of the rights-of-way for Bass Lake Road or Northwest Boulevard or to obtain from the property owners other exactions incident to development. 48. If Mendota had proceeded with final plat approval Mendota would not have incurred any "up -front" carrying costs so long as the subject property remained undeveloped. Mendota was not required to enter into any development contract for the required street and utility improvements. A development contract would not have been required until Mendota ultimately platted Quinwood Commercial Center into lots rather than outlots. There 17 was no requirement for immediate construction of the street and utility improvements. Mendota would have incurred that out-of-pocket expense only if and when it chose to develop Quinwood Commercial Center into buildable lots. If construction of proposed Northwest Boulevard had started prior to development of the Quinwood Commercial Center, the City would have initiated special assessment proceedings under chapter 429 of Minnesota Statutes. Similarly, the required land dedication involved no out-of-pocket expense to Mendota. In fact, dedication of the rights-of-way would have reduced Mendota's carrying costs by removing the dedicated lands from the tax rolls. 49. Section 500.41 of the City Code permits a subdivider to seek a variance from the provisions of Section 500 if application of that section would create an unusual hardship on the land. Mendota never availed itself of that process. 50. The dedication, street and utility improvement requirements that the City placed upon Mendota were consistent with similar requirements imposed by the City on other developments in the immediate area, such as Bass Lake Estates, Bass Lake Highlands, Bass Lake Woods, Bass Lake Heights, and land owned by Prudential Insurance Company and lying south of Bass Lake Road near Interstate 494. 51. Mendota dedicated rights-of-way for minor arterials in Plymouth and other cities when it platted Maple Grove Center Second Addition, Hickory Ridge First Addition and Maple Grove Center First Addition. When Mendota platted Bass Lake Highlands, it entered into a development contract under which it agreed to 1 deed to the City the right-of-way for future Northwest Boulevard, but it has failed to do so. 52. The dedication policies followed by the City with respect to minor arterial streets are consistent with the policies and practices of several other cities of similar size in the Twin Cities metropolitan area. 53. Mendota has long been aware of the need for Northwest Boulevard and has participated in the location of the right-of-way for that street. The City's 1972 Thoroughfare Guide Plan depicted Northwest Boulevard in the vicinity of the subject property, but in an alignment that differs from its present final alignment. Under the 1972 alignment, Northwest Boulevard crossed the most southerly portion of the subject property, and the proposed right-of-way occupied a smaller total area than the present proposed right-of-way. That alignment also bisected the area that Mendota later platted in 1976 as Bass Lake Highlands. The 1972 alignment was preliminary, and in 1974 the City asked the county to establish a final alignment for Northwest Boulevard. In 1975, at Mendota's request, representatives of the City, Mendota, and the City of Maple Grove met to discuss the alignment of Northwest Boulevard as it affected Mendota's properties. As a result of those meetings, the City's recommended alignment for Northwest Boulevard shifted northward. The changed alignment missed all but a small portion of the Bass Lake Highlands property, requiring a substantially smaller area of Mendota's total property for right-of-way. Hennepin County adopted the changed alignment in a study prepared in 1978, and in 19 =-('2A June 1978 the City Council adopted a resolution approving that alignment. The alignment approved in 1978 is the present final alignment of Northwest Boulevard. In October 1978, Hennepin County advised Mendota that the right-of-way for Northwest Boulevard over the subject property would be 100 feet in width, with additional right-of-way at the intersection with Bass Lake Road. The City advised Mendota in 1979 that if Mendota proposed to develop the subject property prior to construction of the Northwest Boulevard, the City would require dedication of the right-of-way. 54. Mendota has known of the proposed realignment of Bass Lake Road for several years and has participated in efforts to determine its final realignment. The City's 1972 Thoroughfare Guide Plan depicted the location of Bass Lake Road as presently constructed. In 1974, Hennepin County prepared an alignment study for Bass Lake Road, which the City reviewed. The City subsequently requested that the County redesign the proposed alignment so as to remove curves in the existing and proposed alignment of Bass Lake Road. In 1975, Mendota participated in the City's efforts to improve the realignment of Bass Lake Road by entering into an agreement to convey right-of-way easements to the City. The agreement came about after Mendota attempted to convey 1.87 acres of a 34 acre tract without first platting the tract as required by Minnesota Statutes §462.358, subd. 4b. When Mendota later requested subdivision approval, the City asked that Mendota dedicate a 27 -foot strip of land abutting Bass Lake Road as right-of-way for the realigned road. Mendota objected to that 20 requirement and offered instead to convey easements up to 54 feet in width over three other parcels that Mendota owned abutting Bass Lake Road, including the subject property. In May 1977, Prudential Insurance Co., a landowner to the west of the subject property hired BRW, an engineering firm, to prepare an analysis of alignment alternatives for Bass Lake Road. The BRW analysis proposed four alternative alignments of Bass Lake Road and was made available to Mendota. Mendota advised the City in January 1978 that it preferred the fourth alternative but was willing to work with the City on the third alternative; Mendota found the other alternative alignments unacceptable. On June 23, 1978, Hennepin County proposed the current realignment of Bass Lake Road, which most closely approximates the third BRW alternative. The City approved that alignment proposal on June 26, 1978, thereby establishing the final alignment for realigned Bass Lake Road. 55. One of the functions of Northwest Boulevard is to provide access between Quinwood Commercial Center and the residential areas to the northeast and southwest of Quinwood Commercial Center, both of which would be potential markets for the commercial uses proposed for Quinwood Commercial Center. 56. The types of development contemplated for CS guided properties such as Quinwood Commercial Center include: personal service and repair establishments; restaurants and cafeterias; high amenity office facilities; dry cleaning and laundry facilities; medical and dental clinics. Fast food restaurants are conditional uses in a B-3 district. The general intent of a 21 �-9 CS district is to provide retail uses that require a special trip. The Land Use Guide Plan therefore provides that CS guided properties should be located near arterial access points. 57. The average number of daily trips to and from Quinwood Commercial Center, as commercially developed land, is projected to be between 4,000 and 6,000 trips per day. The City's expert, Donn Wiski, projected the average number of daily trips to and from Quinwood Commercial Center at 4,800 trips. Mendota's expert, Deane Wenger, estimated that Quinwood Commercial Center would generate an average of 200-300 trips into and 200-300 trips out of Quinwood Commercial Center during evening rush hour, or 4,000-6,000 trips daily. That figure equals up to one-third the projected daily traffic on nearby sections of Bass Lake Road and Northwest Boulevard. 58. Over the past several years, the City's population has grown rapidly, and it continues to grow at a rate more rapid than other cities in the metropolitan area. One of the primary factors in the City's growth rate has been the subdivision and development of land in the City. Subdivisions in the City have increased the demand for City services of all kinds. 59. The subdivisions in the area of and including Quinwood Commercial Center contribute to the need for aligning and constructing future Northwest Boulevard as it bisects Quinwood Commercial Center. Quinwood Commercial Center alone contributes, in part, to the need for aligning and constructing future Northwest Boulevard. 22 l CA 60. Quinwood Commercial Center will benefit from the alignment, dedication, and construction of future Northwest Boulevard, in the following respects: a. Dedication of the right-of-way will allow Mendota to use the location of future Northwest Boulevard as a marketing feature of Quinwood Commercial Center and will eliminate the confusion sometimes created by reservation of rights-of-way. b. Northwest Boulevard as constructed will give Quinwood Commercial Center greater visibility and will make it more accessible to potential customers than would Bass Lake Road alone. Location on the juncture of two minor arterials would be a direct amenity to Quinwood Commercial Center. Northwest Boulevard is the only minor arterial onto which Quinwood Commercial Center could have direct access. c. Dedication of the right-of-way for Northwest Boulevard will reduce Mendota's property tax burden, while reservation of the right-of-way would not. 61. The future realignment of Bass Lake Road is needed to improve the alignment of the intersection of existing Bass Lake Road and future Northwest Boulevard and to improve the operating capacity of Bass Lake Road. Increasing traffic volumes in the area contribute to the need for the future realignment of Bass Lake Road. 62. The subdivisions in the area of, and including, Quinwood Commercial Center contribute to the need for realigning Bass Lake Road. Quinwood Commercial Center alone contributes, in part, to the need for realigning Bass Lake Road. 63. Quinwood Commercial Center will benefit from the realignment of Bass Lake Road, because the realignment will 23 enhance the accessibility and economic potential of Quinwood Commercial Center. 64. The 12 inch water main that the City required Mendota to construct would have been a lateral water main that would have provided sufficient water for the proposed Quinwood Commercial Center Development. A water main of 6 inches would have been inadequate to service the proposed Quinwood Commercial Center. The water main would not have served any subdivision other than the proposed Quinwood Commercial Center, except as an emergency back-up. Quinwood Commercial Center alone created the need to construct the 12 inch water main. 65. The 12 inch water main will serve a direct benefit to Quinwood Commercial Center and will serve only an incidental benefit to the other subdivisions in the vicinity of Quinwood Commercial Center. 66. Mendota would benefit from the City's approval of its application for final plat and rezoning approval, in the following respects: a. Final plat approval would allow Mendota to subdivide the Quinwood Commercial Center and would thereby improve the marketability and increase the value of the Quinwood Commercial Center. b. Final plat approval would allow Mendota to sell Outlot C of Quinwood Commercial Center to Bass Lake Development, Inc. C. The change in zoning from F.R.D. to B-3 would have allowed Mendota to develop Quinwood Commercial Center commercially and would have removed the speculation inherent in F.R.D. zoning about what uses will later be permitted. 67. The subject property is currently designated as a P.U.D. district. Mendota benefits from having P.U.D. status 24 because that status allows greater design and development flexibility than is available under standard zoning such as: greater density, smaller lots, and multiple structures on individual lots. The flexibility afforded by P.U.D. status enhances the economic potential of Quinwood Commercial Center to Mendota. CONCLUSIONS OF LAW 1. A justiciable controversy exists between the parties to this action. 2. The City has the authority under Minn. Stat. §462.358 to enact subdivision regulations requiring developers, as a condition of plat approval, to dedicate the rights-of-way for interior and abutting streets and to construct or pay for the construction of street and utility improvements. 3. The City's subdivision regulations regarding street dedication, street improvements and utility improvements do not exceed the authority granted to the City under Minn. Stat. §462.358. 4. The City has the authority under Minn. Stat. §462.358 and its subdivision regulations to require Mendota to dedicate the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road, pay for one-half the cost of constructing Northwest Boulevard to a 9 ton standard and 52 foot width; and pay for the installation of a 12 inch water main in the right-of-way of realigned Bass Lake Road from County Road 47 to Quinwood Lane. The City acted reasonably and within its 25 authority in imposing the above requirements upon Mendota as a condition of subdivision approval. 5. The City is not required by Minnesota laws to initiate special assessment proceedings under chapter 429 of Minnesota Statutes where a developer has submitted a request for subdivision approval. In the instant case, the City acted reasonably and without abuse of its discretion in applying its subdivision regulations and special assessment policies rather than initiating chapter 429 proceedings. 6. A reasonable relationship exists between the need for Northwest Boulevard, to which Quinwood Commercial Center contributes in part, and the requirement that Mendota dedicate the right-of-way for future Northwest Boulevard. 7. A reasonable relationship exists between the need for Northwest Boulevard, to which Quinwood Commercial Center contributes in part, and the requirement that Mendota pay for one half the cost of constructing a 9 ton street to a width of 52 feet on that portion of future Northwest Boulevard that abuts commercially developed land. 8. A reasonable relationship exists between the need to realign Bass Lake Road, to which Quinwood Commercial Center contributes in part, and the requirement that Mendota dedicate the right-of-way for realigned Bass Lake Road. 9. A reasonable relationship exists between the need to construct the disputed 12 inch water main, to which Quinwood Commercial Center contributes in part, and the requirement that Mendota pay for the installation of said 12 inch water main. 26 10. None of the contested plat approval conditions, either individually or combined, deprives Mendota of all reasonable use or economic value of its property. 11. The City did not take Mendota's property without just compensation when it required Mendota to dedicate the contested rights-of-way and pay for the contested street and utility improvements. 12. Mendota is contractually obligated by the 1975 Agreement to Convey an Easement for Roadway Purposes, referred to Finding of Fact 54 above, to convey to the City the easements described therein over the lands described therein, including the subject property. 13. Mendota is not entitled to attorney's fees under Minn. Stat. §117.045 because the instant case is not an action in inverse condemnation and §117.045 is therefore inapplicable, and because the City is not obligated to commence eminent domain proceedings to acquire the subject property. ORDER FOR JUDGMENT Based upon the above Findings of Fact and Conclusions of Law IT IS ORDERED that judgment be entered in favor of Plaintiff, declaring that: The City has the authority under Minn. Stat. §462.358 and its subdivision regulations to require Mendota to dedicate the rights-of-way for future Northwest Boulevard and realigned Bass Lake Road, pay for one-half the cost of constructing Northwest Boulevard to a 9 ton standard and 52 foot width, and pay for the installation of a 12 inch water main in the right-of-way of realigned Bass Lake Road from County Road 27 47 to Quinwood Lane; and that the City acted reasonably and within its authority in imposing the above requirements upon Mendota as a condition of subdivision approval; and that Defendant pay Plaintiff's costs and disbursements in this action. LET JUDGMENT BE ENTERED ACCORDINGLY. BY THE COURT: Dated: Patrick W. Fitzgerald, Judge Hennepin County District Court W City of Golden Valley December 23, 1986 Dear Mayor: I am writing to the Mayors who attended the Minnesota Mayor's Association Conference to clarify my role on the Governor's Advisory Commission on State -Local Relations, and to share some informakion and concerns about property tax reform proposals. In 1985, Governor Perpirh appointed a commission made up of City, County, Township and School Board officials plus legislators and State Department Heads to advise him on State -Local relations. It is known as the ACSLR. Sam Huston, the Mayor of St. Cloud, and I serve as representatives for cities. We are selected by the League of Minnesota Cities. I have been serving on a sub- committee of the ACSLR that is reviewing and commenting on various proposals being considered by the State Revenue Department for property tax reform. Revenue Commissioner Tom Triplett and his staff have been sharing ideas with this sub -committee and asking for reactions. The proposals for change have been complex, somewhat conceptual and lacking in specifics as well as in the formative stages. This has made meaningful comment difficult. At the last meeting of the sub -committee the Revenue Department's proposal called for consolidating all property tax credits (homestead credit, agricultural credit, etc.) and local government aids (including LGA) into one credit that would be used to reduce school district mill rates. That is, all the money currently available to counties, cities and townships through state - paid credits and aids would be channeled into one "school credit" used to reduce school mill rates. As school mill rates declined, counties, cities, and townships could increase their mill rates to make up for the credits and aids they would lose. As I understand it, the intention of the school credit proposal is to make available to tax payers in the various taxing jurisdictions the same amount of property tax relief funds as provided under the current system of aids and cre- dits. However, no details have been provided about either the first-year funding level for this new school credit or the design of a formula for distri- buting funds to jurisdictions in the future. Civic Center, 7800 Golden Valley Rd., Golden Valley, Minnesota 55427, (612) 593-8000 December 23, 1986 Page 2 The property tax reform proposal would also reduce the number of property classifications to less than ten. Although no classification ratios have yet been determined, the stated intention is to reduce property taxes for commercial and industrial property. The proposal may also include granting a "local'-- option" localeoption" to local jurisdictions allowing them to determine how to allocate some portion of the school credit among classes of property. This school credit pro- posal is in keeping with the Governor's commitment to increase the State's role in funding education. As I expressed at the Mayor's Conference, I have a concern about commenting on portions of the proposal without having a clear understanding of the impact of the total package. I am apprehensive about the effect on cities because we are different in our needs and capacities to deal with those needs. Local Government Aid made some attempt to recognize that. If cities lose LGA and rely entirely on the property tax, those disparities will be magnified. Also, the State and Federal government require us to do many things but don't provide the funds. This means there is a certain percent of our budget we really don't control. It seems to me those levels of government should provide funding for activities we are mandated to do. Another concern I have is the pull back of the Federal Government from funding of programs serving the needy in our society. We are all feeling more pressure of requests for funding human ser- vices. Is the property tax the appropriate vehicle? We do need to reduce the number of classifications in our property tax system. There is also strong support for reducing the tax burden on commercial - industrial property. If there is no new funding, how will a reduction in the commerical -industrial burden impact other classifications? The sub -committee I serve on and the full Advisory Commission submitted the following statement to the Revenue Department: PROPERTY TAX REFORM ISSUES 1. Support simplification of the property tax classification system. 2, A necessary condition for state property tax reform is the need for reducing state revenue volatility. We support modifying the revenue system to enhance stability. Specifically we support: * a targeted budget reserve * expansion of the sales tax base (no sales tax on local government) * trigger tax concepts such as temporary suspension of indexing. We feel it is inappropriate to reduce state revenue volatility by trans- ferring that volatility to the local property tax. 3. Support programs to increase taxpayers' generalized knowledge of state's role in funding local government services including all aids, grants, etc. December 23, 1986 Page 3 Later the sub -committee added a statement about the necessity to provide addi- tional funding to implement a new system. I support property tax reform but feel strongly we should be aware of all the impacts of any proposals before we make a commitment to support specific aspects of a proposal. The League of Minnesota Cities has formed a Technical Committee to review and respond to property tax reform. I will also keep the League informed of the ACSLR Committee activities. I urge you to be in close contact with the League to keep up to date on this issue. I enjoyed the day and evening at the Mayor's Conference and look forward to seeing many of you again at LMC or Mayor's Association activities. Si qt erely, 607z�� Mary E.A erson Mayor MEA:pb cc: Jim Miller, President - LMC Tom Triplett, Commissioner of Revenue BUREAU OF CRIMINAL APPREHENSION 1246 UNIVERSITY AVENUE ST. PAUL. MINNESOTA 55104.4197 TELEPHONE: 296-2662 December 18, 1986 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY Chief Richard Carlquist Plymouth Police Dept. 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Chief Carlquist: The Bureau of Criminal Apprehension recently completed taping a video production to be utilized in our upcoming course, Juvenile Law: Issues and Procedures. This production is designed to encourage officers to take a critical look at their interactions with young people. Through the use of high school drama students and actual police officers, we feel we have captured the realism necessary to make this video a meaningful training tool. Officers Michael Ridgley and William Hanvik, of your agency, were instrumental in the successful completion of this project. The commitment and professionalism displayed by Officers Ridgley and Hanvik exemplified the highest degree of interagency cooperation. We would like to commend these two officers for their contribution to this endeavor. Sincerely, JOHN D. ERSKINE SUPERINTENDENT BY: Don Peterson Director Police Training JDE:DP/lk AN EQUAL OPPORTUNITY EMPLOYER -IiRP-0'9 December 23, 1986 Dear Plymouth Police Department, I want to express my graditude to all of the officers that assisted me in my car accident on December 17, at 8:00 a.m. on 55 and Industrail Park Blvd. The officers were so kind and carefull, I couldn't believe anyone at that time in the morning would be in that good of mood. They were very prompt and saved me from alot of panic, it was my first experience in a car accident, it wasn't my idea of a fun morning. I really do want you to know I am glad to be a Plymouth resident knowing that officers like that are in my community. My family is very greatful for all of your help in my accident. I also am very greatful and want it to known by the gentlemen who helped me on that morning. One other thing is that you will never catch me without my seatbelt again! It was an expensive lesson to learn. Thank you again for your help. Ju Korsmo P.S. You all have a Merry Christmas and Happy New Year i December 23, 1986 Dear Plymouth Police Department, I want to express my graditude to all of the officers that assisted me in my car accident on December 17, at 8:00 a.m. on 55 and Industrail Park Blvd. The officers were so kind and carefull, I couldn't believe anyone at that time in the morning would be in that good of mood. They were very prompt and saved me from alot of panic, it was my first experience in a car accident, it wasn't my idea of a fun morning. I really do want you to know I am glad to be a Plymouth resident knowing that officers like that are in my community. My family is very greatful for all of your help in my accident. I also am very greatful and want it to known by the gentlemen who helped me on that morning. One other thing is that you will never catch me without my seatbelt again! It was an expensive lesson to learn. Thank you again for your help. Ju Korsmo P.S. You all have a Merry Christmas and Happy New Year i December 31, 1986 Paul Steigerwald 120 Magnolia Lane Plymouth, MN 55441 Dear Paul: Ff, CITY OF PLYMOUTR Councilmember Vasiliou suggested that I write this letter to bring you up to date on the City's actions on the Communications Task Force recommendations and to solicit your input. As you probably recall, the Communications Task Force recommended that the City Council authorize the initiation of a Communications Coordinator position to coordinate the many efforts of various City departments in communicating with our public. In the 1986 budget, the City Council took the first step in this direction by consolidating all major communications costs into one budget. In 1987, the Council authorized the establishment of a full-time Communications Coordinator position to administer that budget and coordinate the many communication efforts of City departments. I am attaching for your information a copy of the Communications Coordinator position responsibility write-up. Also attached is a copy of a draft advertisement which we intend to place in the Sunday, January 11 Minneapolis Tribune. I am seeking your input specifically on the type and amount of education, training, and work experience which a successful candidate for this position should possess. Please call me with your comments by Wednesday, January 7. On behalf of the City Council, thank you once again for your efforts. By the way, if you know of anyone who might be a good candidate for this position, please pass along these materials. Yours very truly, Frank Boyles Assistant City Manager FB:jm attach cc: Mayor & City Council S/F 1/7/87 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 POSITION N'RITE-UP Position Title Communications Coordinator Department Administration Accountable To Assistant City Manager Primary Objective of Position Date October 1986 To provide professional assistance to the City Manager and Assistant City Manager and assume primary responsibility for development and improvement of city public information program including a response system for resident inquiries including a follow up process. Major Areas of Accountability Acts as primary resident inquiry liaison. 1 --- Develops procedures and administrative follow up to assure that all types of inquiries directed to various City departments are responded to in a timely fashion. --- Advises supervisor where problems in follow up are occurring. --- Advises City Manager and Assistant City Manager of areas of community concern with appropriate recommendations. Develops Community Information objectives and program for achievement. 2 --- With input from Council, staff, community and professionals develops goals and objectives for community information program. --- Evaluates communication vehicles, determines appropriateness for enhancements or additions, and assesses degree of progress toward meeting communication goals and objectives. --- Works closely with city departments to enhance their communications efforts and develop a consistent theme in all city communications. --- Responds to media inquiries. Develops communication systems and pieces for publication. 3 --- Assumes primary responsibility for coordinating content, production and distribution of Plymouth on Parade newsletters. --- Regularly provides newspapers serving Plymouth with articles about specific city programs or activities of general interest and periodic press releases to other media. --- Coordinates programming of government access cable channel 7 and works with others in the development of cable programming. --- Regularly conducts meetings with homeowner associations to assure effective communications between the City and residents. --- Accomplishes all necessary preparation and follow up work for City Council Town Meetings. --- Develops and directs cadre of volunteer cable television operators for production purposes and coordinates cable generator content. Communications Coordinator Major Areas of Accountability (Cont.) Develops and administers budget for Community Information program. 4 --- Identifies areas where cost savings can be realized through "lumping" communications purchases together. --- Works to identify communications expenditures in departmental budgets which are most appropriately contained in this budget. Performs other duties as apparent or assigned. PERFORMANCE CRITERIA Goals and objectives are prepared with sufficient input from interested parties and executed in a timely fashion. Relationships with other city departments, City Council and other media concerns is cooperative and productive in meeting community information goals and objectives. Responses provided through resident inquiry system are mailed within the average of one week from receipt. Operation of inquiry system demonstrates incumbent's ability to work with all City departments and to respond to all inquiries received regardless of area of expertise. Content and frequency of City communications programs judged to be appropriate by a sample of Plymouth residents. Programming on Cable Channel 7 is complete with respect to current municipal activities and diverse with respect to format. Incumbent is evaluated as effective in creating positive image and communications programs. Communication program improvements reflect a conscious attempt to develop consistency in city publications and are responsive to the perceived needs of city departments (producers) are the public (audience). E T- \ Ot, DRAFT ADVERTISEMENT COMMUNICATIONS COORDINATOR Progressive City seeks self -motivated, organized Ind. with broad public relations backgrd to coord. city communication efforts. Includes resp. for publication of bimonthy newsletter/rec. program schedule, annual community info. piece, cable t.v. programming, personal appearances, forms/comm. design and development and implementation of short and long term comm. objectives for all city depts. Must have excellent skills in oral and written communications, media relationships and general knowledge of local gov. functions. Training and exp. equiv. to 4 yr. deg. in comm. arts or related field and 2 yrs. related work exper. Resumes to: City of Plymouth, 3400 Plymouth Blvd., 55447 by 1/15/87 For: 1/11/87 Minneapolis Sunday Tribune