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HomeMy WebLinkAboutCouncil Information Memorandum 04-21-1989'�) L4- Aot 47 CITY OF PLYMOUTIt CITY COUNCIL INFORMATIONAL MEMORANDUM April 21, 1989 RECYCLING CASH DRAWING April 20: $200 WINNER Jerry & Kathleen Munsterteiger 525 Sycamore Lane Next Week: $100 Cash Award UPCOMING MEETINGS AND EVENTS..... 1. PLANNING COMMISSION -- Wednesday, April 26: - Study Session -- 6:00 p.m., City Council conference room - Regular Commission Meeting -- 7:30 p.m., City Council Chambers Agenda attached. (M-1) 2. WASTE TRANSFER STATION MEETING -- Monday, May 1, 4:30 p.m. The lymouth Business Action Association will meet in the City Council Chambers to discuss the Plymouth Solid Waste Transfer Site. Meeting announcement attached. (M-2) 3. NEXT COUNCIL MEETING -- Monday, May I. Council Study Session, 7:00 p.m. Rgular City Council meeting, 7:30 p.m. 4. MEETING CALENDARS -- Meetings calendars for April and May are attached. Additions to the May calendar include: May 1 - Waste Transfer Station meeting - 4:30 p.m. - Council Study Session - 7:00 p.m. May 8 - Council Study Session - 5:00 p.m. (M-4) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM April 21, 1989 Page 2 FOR YOUR INFORMATION.... 1. PROPERTY TAXES - Bob Renner has provided members of the MLC with House Research Department forecasts on estimated 1990 property tax impacts if the Legislature does not provide property tax relief during the current legislative session. Based upon the early projections, and they must be recognized as only projections, property taxes are estimated to increase state-wide $449,400,000 in 1989. Of this amount, $322,600,000 (72%) would be collected in the metropolitan area with $126,800,000 (28%) outstate. Of the $322,600,000 metro increase, the western suburbs, including Plymouth, would increase $123,700,000, or 27.5% of the statewide total and 38% of the metropolitan projected increase. When translated to net property tax increases on homesteaded properties, the following tax increase are forecast on homes in the western Twin City suburbs: Home Market $ Increase Percent Net Tax Value Net Tax 88-89 Increase Effective Rate $ 71,100 $ 838 $ 161 23.9% 1.18% $106,200 $ 1,864 $ 383 25.9% 1.76% $141,200 $ 3,143 $ 615 24.3% 2.23% These data clearly demonstrate that the Legislature must, if for no other than political reasons, provide substantial additional monies for property tax relief in an election year. 2. PROPERTY TAX IMPACT BROCHURE -- Attached is a brochure produced by the Association of Metropolitan Municipalities. The brochure was designed to be a set of responses to questions residents commonly ask about their property taxes. 3. 1989 VALUATION NOTICES -- The 1989 valuation notices are being mailed today to Plymouth property owners. The valuation notices convey the market values for taxes payable in 1990. Attached is a memorandum from the City Assessor on the 1989 assessment and changes in property values. (I-3) 4. TAX COURT DECISION -- A report from the City Assessor on a tax court decision involving Patrick Hallisey, 4065 Quantico Lane, is attached. (I-4) 5. SUMMONS & COMPLAINT -- This week the City received the attached Summons and Complaint filed on behalf of Arthur and Carol Albrecht, 14525 43rd Place. (I-5) �, CITY COUNCIL INFORNATIONAL NENORANDUN April 21, 1989 Page 3 6. 1989 WATERING RESTRICTIONS: 1) Letters and memorandums used to publicize the City's watering restrictions are attached. They include: - Letter mailed to nurseries, landscape/lawn services, apartment building owners and homeowner association presidents. - Memorandum to City employees - Memorandum to Dale Hahn, Scott Hovet, Blair Tremere, and doe Ryan requesting assistance by the meter reader, appraisers and building inspectors in distributing the watering restrictions flyer. 2) News Release -- The news release sent to newspapers and television and radio stations is attached. The local newspapers and the Star Tribune have informed Helen LaFave that the restrictions will be publicized in the following manner: - Post - The release was ran on the front page of the April 20 issue and will run again on April 27. - Weekly News - The release was ran in the April 20 issue. - Sailor - They will run the release in the April 23 issue. - Star Tribune - They plan to run the release in the April 27 community section. They held the release to run it at the most timely date, i.e. just before the restrictions go into effect. 3) Zachary Lane playfield - Sprinkling procedures for the Zachary a�layfield are outlined in the attached memorandum. 4) American Water Works Assn. Videotapes -- As the Council directed, Helen checked with the American Water Works (AWA) about getting a videotape on water conservation to show on channel 37. The bottom line is that the AWA does not have any videotapes on water conservation available. Initially, Helen was told that they did have videotapes on the subject. However, upon receiving the AWA catalogue, it was discovered that all of the water conservation audiovisual material is on 16 mm film. Helen inquired if the films had been transferred to videotape and was advised they were not. The City cannot transfer the films to videotape because of the lack of facilities and equipment, and violation of the copyright law. (I-6) CITY COUNCIL INFORMATIONAL MEMORANDUM April 21, 1989 Page 4 7. GREGORY BEGIN DIRT MOVING - Attached is a letter Attorney dim Thomson from Mr. Begin's attorney, Dan City Attorney is preparing a response to this letter forwarded to the Council as soon as it is received. proceeds to have dirt hauled to his property without permits, we plan to take prompt legal action to matter. Based upon Mr. Ryerson's letter, it seems to now presented with a more clear picture of the scope filling, as well as some additional rationale for e.g. $1.00/yard to be paid to Mr. Begin. (I-7) sent to City Ryerson. The which will be If Mr. Begin the necessary deal with the me that we are of the proposed the operation, 8. ENVIRONMENTAL PACKAGING ORDINANCE - Attached is a copy of the recently adopted Minneapolis packaging ordinance. St. Paul has adopted a similar ordinance. I am providing this ordinance to the Council to determine whether or not there is any interest to consider adopting such an ordinance here. I recognize that adopting a packaging ordinance will not solve all the problems of waste disposal, but it is a means by which considerable pressure can be brought to bear to improve the ways in which packaging materials are used so as to reduce their impact on landfills and/or to promote recycling. The Legislature may possibly pre-empt municipalities from adopting such ordinances, favoring instead a state-wide "solution" to the problem. If a number of municipalities adopt ordinances identical to that of Minneapolis I would suspect it would be less likely that the Legislature will intervene in a negative fashion. (I-8) 9. PROSECT DARE - Attached is a memorandum from Dick Carlquist outlining some initial work he is undertaking in exploring Project DARE (Drug Abuse Resistence Education). I have asked Dick to present this project to the City Council at the May 1 Council meeting in order that the Council may be generally acquainted with the concept of the program as well as its intended outcome. (I-9) 10. BUILDING PERMIT FEES - Mayor Schneider has been provided a copy of the attached analysis of building permit fees which was supplied to him by a member of the Development Council. The data reflect building permit and other fees required to obtain building permits In various municipalities in the Twin City metropolitan area. As might be expected, the amounts range considerably depending primarily upon fees other than those directly related to building permits. (I-10) 11. MINUTES: a. Planning Commission March 29, 1989 (I-lla) b. Park and Recreation Advisory Commission, April 13, 1989 (I-llb) CITY COUNCIL INFORMATIONAL MEMORANDUM April 21, 1989 Page 5 12. RESPONSES TO RESIDENT FEEDBACK FORMS -- Staff responses to resident feedback forms from the April 10 Town meeting are attached. Also attached is an additional resident feedback form receiving in the mail this week. (I-12) 13. STREET IMPROVEMENT PR03ECTS -- Plymouth Homeowners Association presidents were mailed the attached letter describing the City's 1989 street improvement projects. (I-13) 14. I-394 -- MnDOT's newsletter to I-394 users and residents is attached. (I-14) 15. PLYMOUTH HISTORICAL SOCIETY -- The Plymouth Historical Society's Open House and Annual Meeting will be held on Wednesday, April 26 at 7:30 p.m. A copy of their April newsletter is attached. (I-15) 16. DEPARTMENT REPORTS -- The following department reports are attached: - Police Department - March, 1989 - Public Safety Alarm Report - March, 1989 - Police Reserves 1989 First Term Report 17. CITY ATTORNEY'S OFFICE -- I was informed earlier this week that Jon Dean, Charlie Le evere, and Ron Batty will be leaving the LeFevere, Lefler, Kennedy, O'Brien and Drawz law firm to join Holmes and Graven firm. A letter from Jim Thomson is attached for the Council's information. (I-17) 18. POST EDITORIAL -- A copy of the April 12 editorial from the Plymouth Post is attached. (I-18) 19. CORRESPONDENCE: a. Letter to Elizabeth Boursier, 16130 - 16th Avenue North, in response to her April 1 letter about a handicapped parking sign located at Herb's Corner. (I -19a) b. Letter responding to Pat Steinhauser, 11815 Bass Lake Road, from Mayor Schneider, concerning property taxes. (I -19b) c. Letter to Theresa Elveru, Trammell Crow Company, from Laurie Rauenhorst, regarding solicitors at the One Carlson Parkway building. (I -19c) d. Memorandum from Laurie Rauenhorst on an inquiry received on the Cotton Club and associated amusement center license. (I -19d) e. Letter from Lolita Hoffman, 2115 Fountain Lane, to Mayor Schneider, commenting on the County waste transfer site. (I -19e) PLANNING COMMISSION MEETING AGENDA WEDNESDAY, APRIL 26, 1989 CITY COUNCIL CHAMBERS tAr WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. COMPREHENSIVE PLAN STUDY SESSION 6:00 P.M. 2. CALL TO ORDER 7:30 P.M. 3. ROLL CALL 4.* CONSENT AGENDA 5.* APPROVAL OF MINUTES April 12, 1989 6. PUBLIC HEARINGS A. Richard Neslund. Final Plat/Site Plan/Conditional Use Permit for Trenton Oaks located north of 10th Avenue and east of Southshore Drive. (87069) B. John Gullickson. Rezoning and Preliminary Plat for Seven Ponds North at the southwest corner of Dunkirk Lane and County Road 24. (88132) C. Lundgren Brothers Construction. Preliminary Plat and Variance located at the north end of Mooney Lake and west of the end of 25th Avenue North. (89005) D. Jack Swedlund/Northfork. Preliminary Plat and Rezoning located at the northwest quadrant of County Road 9 and Vicksburg Lane. (89016) 9. ADJOURNMENT 10:00 P.M. 1A --off, A COMMITMENT OF QUALITY AND INNOVATION TO THE TILE INDUSTRY April 10, 1989 Please mark your calendars and plan to attend a meeting regarding the Plymouth Solid Waste Transfer Site. As you are aware, the location of this facility is #494 and Cty. Rd. #6 and will create many difficult problems to the business and residential communities. This will impact all of us. The Plymouth Business Action Association required the Metropolitan Council to perform a Supplemental Environmental Impact Study. This has now been completed and approved. We feel it is still inadequate. Please plan to attend to have your questions answered. The meeting will be held at: PLYMOUTH CITY HALL 3400 Plymouth Boulevard May 1, 1989, at 4:30 p.m. The speakers will be Mayor Schneider and Leslie Davis. Virgil Schneider, Mayor of Plymouth, will discuss the city's position on the transfer site and the guidelines the transfer site will have to follow. Leslie Davis, President of Earth Protectors, has been following the process from the downtown incinerator to the transfer site issue. He will give us an outline of the process, the impact of these facilities in other cities that have them now, and what is being done by this group. Please R.S.V.P. to Ellen or myself at 559-5531 by 4/28. We hope you and/or your representative can attend this very important meeting. We hope you will encourage any other interested parties to R.S.V.P. also. Any questions, please contact me. Sincerely, Brian S. Mark President, Plymouth Business Action Assn. BSM/ ew P.O. BOX 9368 MINNEAPOLIS, MN 55440 PHONE (612) 559-5531 FAX (612) 559-6579 4 m O n W N N O N O t0 tf r OD N F � � N C M O N A m w M > 3 1 F N M N N f N n N N m 00 T_ J Q a a m in y N M o a LL N M cl N M O W m N cc N N N U � H N N N 2 t0 M O n N N =O, y N YA-Lk Q cc Cb •r � LO CU r co r N NOf Q cc LL T— M W r— N N a > LD 0 Q� OU ~ a U) U CW Z U U O A J CLCD CLN V)r N � o 0 %.0 r- O a LO U O W ~ O .. C m � U V) o z.. �� zL W Z H O Q A �� LO r � A C7 a:v�x - o z z Q 0 0 N (n LL X: W O D d ~ Q O r Q Mco LO O .. r m� r N U Z O ~ Z U } =d Z W d z WN M D:M d nw O C) Q t� O J W H O O¢ o r w H cy) r F- r o: � N O M Q 0 z D CO N N O 2 N N ~ cnOD cn w ^ r N N W Z 00 I t0 N N O N f 2 O In N N w Q vi N N � N N S O N N Of ~ Of W O - Of N JEc 3 a a-MLn f ? N Of 00 N C V) LA 01% 00 I � O Q N I Q) Q (n O '> CO N N a Q LL N 0) (0 Ln r- N } z w � w w _ � a LU U O � � M 00 WW LO 0 oa moa O o W CDM CDM LU ?� O�¢cs ¢� e - M r -=ate Z y z Q o 0 N cn U- X: W O ~ Qcn CD M O N m 3 O • .� 3 '< � fa O W � ►-+ _w wM^,1 O D dZ� g N w vino o�o L z > + W G) �:D M W W , • • M LL. < H �`nU^ cna0a n¢9 O� LL- W O (") �o�rn o In=�Co N ¢Mo ==u w 00 En PQ � �) m ^ N 3�cna� LL- Q O N c z D ! 00/yam i Z3_ MEMO CITY OF PLYMOUTH 3400 PLYMXIH BOULEVARD, PLYMWIH, MINNESOTA 55447 DATE: April 19, 1989 TO: James G. Willis, City Manager (V) FROM: Scott L. Hovet, City Assessor SUBJECT: 1989 VALUATION NOTICES The Assessing Staff is in the final stages of completing the 1989 assessment. Valuation notices will be mailed to all Plymouth property owners beginning on April 21, 1989. These market values are the basis for the taxes payable in 1990. Based upon approximately 1,400 sales transactions in Plymouth, most areas of the City did not have their market values changed for the 1989 assessment. There was little to no value increase in the City on residential properties for the 1989 assessment. This is fairly typical in comparison to municipalities similar to us in the Metro area. Vacant land and lakeshore properties remained relatively stable and were basically unchanged for the 1989 assessment. Some equalization was done across neighborhood lines. Apartment complex values remained unchanged over the previous year assessment. For the most part, Commercial and Industrial property values were increased on the average of 3%. Due to legislative changes and large increases in residential property taxes payable this year in 1989, it is anticipated that my staff may receive more than the average number of property tax inquiries. I am expecting between 1200 to 1500 calls over the next 2 weeks . (aproximately 20 to 30 calls per hour). cc: Dale Hahn, Director of Finance Assessing Staff Zy MEMO CITY OF PLYMOUTH 3400 PLYMDUrH BOULEVARD, PLYMiM-i, MINNESOTA 55447 DATE: April 18, 1989 TO: James G. Willis, City Manager FROM: Scott L. Hovet, City AssessortU°� SUBJECT: Patrick B. Hallisey 4065 Quantico Lane, Plymouth, MN. TAX COURT DECISION/LE'TT'ER OF PEMEST (TC -6786) PID #16-118-22-32-0009 Mr. Hallisey purchased his Ponderosa unit in April, 1987 for $100,000. This sale, and this sale alone is completely out of the realm of the other documented market activity in the Plymouth Creek subdivision. Since Plymouth Creek construction began in 1981, 36 Ponderosa style units similar to Mr. Hallisey's, have been built in Plymouth Creek. In total, there have been 42 documented sales of these units, the 36 original purchase sales and 6 resales. All of the documented sales represent arms -length transactions and the selling prices are substantiated by verification with either buyer or seller. The average selling price of the Ponderosa unit represented by these 42 sales is $146,300. In the past 2 1/2 years there have been 8 sales of the Ponderosa units. Sales that have occurred since January of 1986 are more representative of the time frame in which Mr. Hallisey purchased his town -home (April of 1987). The average sale price of these 8 units is $151,268. They ranged from a low of $131,000 in July of 1986, to a high of $172,200 in March of 1988. Mr. Hallisey's sale price is completely out of the realm of the low end of the scale. Removing the extremes of the sale ranges leaves an average sale price of just over $151,000. (See the attached listing of sales that were presented to the Minnesota Tax Court.) As the old saying goes, "justice is blind". The past history of the Minnesota Tax Court through several court case rulings has determined that they are not the least bit interested in equalization of similar units. The primary function of the Tax Court is to determine the valuation of one property under protest. Although the Tax Court determines the market value for one property, it disregards the equalization of similar values to similar properties. Pat Hallisey TAX COURT DECISION April 18, 1989 Page 2 The Assessor's responsibility is to not only list and discover market value, but equalization of values of similar properties. There is a tremendous amount of market data and documented sales in Plymouth Creek which was used to determine Mr. Hallisey's 1987 value. I strongly disagree with the tax court ruling and am prepared again to defend the value in tax court should the need arise. As the market values of the Ponderosa units stand, and after the court case ruling, the court created a gross unequalization of similar units. For the benefit and protection of the values of all units in Plymouth Creek, I feel its cost justified to once again attempt to convince the tax court of the gross market value error. The estimated market value as determined by the Assessor each year is a completely separate issue for each assessment year. Mr. Hallisey appeared before the 1988 Board of Equalization to protest his 1988 value. At that time, I informed the Local Board of Review that since Mr. Hallisey's 1987 value was under petition with the tax court, and since he went through this time and expenditure to take it to tax court, I felt he would be justified in also pursuing his 1988 value in tax court. It has been proven by previous court cases on single-family living units, that the second time the assessor defends the value in most instances in a problem of this nature, the tax courts eyes become opened to the magnitude of the problem. Usually in "pro se" cases, the tax court is sympathetic to the tax payer if there is a sale price on the subject property. There is no questions in my mind that Mr. Hallisey's sale price is grossly under typical market price for whatever reason. I am very synWthetic to Mr. Hallisey's concerns. If the situation were somewhat different and there were not so many very similar sold units involved, I would have no problem agreeing to a value adjustment. Since this is not the case, I have no choice for the protection and benefit of the rest of the taxpayers in that subdivision but to again defend our 1988 or ultimately our 1989 market value. Mr. Hallisey's 1989 valuation notice will be going out in the mail at the end of this week (April 21st). His 1989 estimated market value as determined by a new set of sales has remained unchanged at $142,000. His only choice if he still disagrees with his 1988 market value, is to file a petition and appear again in tax court. cc: Earl B. Gustafson, Chief Judge, Minn. Tax Court Bob Rudy, Hennepin County Attorney Tax Court File z;%A 11 M. No W-I�Vt- -Mom- (20) 1988 PIN # ADDEM MARiM VALUE b9= *SUBJECT 16-32-0009 4065 Quantico LA N Ponderosa 04-30-87 5 level $142,000 $100,000 Camp#1 16-23-0051 15620 40th Ave. N Ponderosa $136,700 01-20-86 4 level $151,095 Ccs#2 16-32-0008 4061 Quantico LA N Ponderosa $148,700 04-04-86 5 level $145,000 Cc mp#3 16-23-0056 15645 40th Ave. N Ponderosa $139,200 02-07-86 4 level $155,245 Ccanp#4 16-31-0012 4049 Quantico LA N Ponderosa $137,200 02-20-87 4 level $143,000 Carp#5 16-23-0055 15655 40th Ave. N Ponderosa $137,500 06-30-87 4 level $147,615 Ccs#6 16-23-0061 15565 41st Ave. N Ponderosa $147,800 10-03-87 5 level $165,000 Canp#7 16-23-0054 15665 40th Ave. N Ponderosa $138,900 03-18-88 4 level $172,200 (20) Patrick B. Hallisey 4065 Quantico Lane Plymouth, MN 55446 559-6696 (Home) 933-0409 (Office) April 14, 1989 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Re: 1988 Estimated Valuation Dear Mayor Schneider: I bought my home in Plymouth Creek on April 30, 1987 for $100,000. In May of 1987, I received a statement saying that the 1987 Estimated Market Value was $146,500. I appeared in front of the Local Board of Review to appeal that valuation. The Board felt it was not qualified to deal with my issue and passed me on to the County Board. That Board reduced the 1987 Market Value to $142,000. Not being in agreement with that decision, I decided to avail myself of my legal rights and appealed the County Board's ruling in Tax Court. Our system does not allow a person to be in court to determine one year's valua- tion prior to the time the Assessor sets the valuation for the next year. As a result of this "catch 22" in the bureaucratic system, I received my 1988 Valuation of $146,500 prior to the Court's determining the actual 1987 valuation. I appeared at the 1988 Local Board of Review to protest my current valuation on two issues: 1. The 1988 Valuation did not reflect the reduction in the 1987 Valuation granted by the County Board. 2. I felt that the original valuation was set improperly. The City Assessor, Mr. Hovet, instructed the Local Board that there was no need to hear my protest as I was appealing to the Tax Court and he "would have to live with the tax court ruling." He did agree to lower the valuation to the County Board's ruling of $142,000 stating that his failure to do so was merely an oversight. S 1-k Mayor Virgil Schneider April 14, 1989 Page 2 On September 12, 1988, we appeared before Earl B. Gustafson, Chief Judge Minnesota Tax Court. During the trial testimony was given and I went through lengthy crossexamination regarding whether my purchase was an arms length transaction. This was a major issue. After hearing all the testimony, the judge found the transaction was arms length. The Memorandum the judge wrote with his ruling states, "Both parties agree that, after adjustment, this sale is the best comparable." The sale he refers to is my neighbor's home which is the same basic floor plan, built at the same time, and offered for resale at the same time. The, "after adjustment", he referred to was the fact that my neighbor's home containes $15,727 of extra amenities than my home contains. Based upon these facts the Court lowered my valuation to $130,000. Now, because he feels the Chief Judge of Minnesota Tax Court was wrong, the Assessor refuses to place my 1988 valuation at the Court ordered 1987 level. This is in spite of the fact that the agreed upon best comparable did not change in valuation from 1987 to 1988. In an effort to save the City and County the expense of a new trial which costs far more than the amount of taxes involved with this issue, I would appreciate your ideas on how we can reach a negotiated truce. Awaiting your response, I remain Sincer ly, v Patrick B. Hallisey PBH/dmm/13 cc: L. Ricker R. Zitur M. Vasilious J. Sisk Enclosure Z � STATE OF MINNESOTA TAX COURT FOURTH JUDICIAL DISTRICT COUNTY OF HENNEPIN SMALL CLAIMS DIVISION ------------------------------------------------------------------ Patrick B. Hallisey, Petitioner, VS. County of Hennepin, Respondent. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT File No. TC -6786 Dated: September 15, 1988 The above -entitled matter came on for hearing before the Honorable Earl B. Gustafson, Chief Judge of the Minnesota Tax Court, on September 12, 1988 at the Hennepin County Juvenile Justice Center in Minneapolis, Minnesota. Patrick B. Hallisey, the petitioner, appeared pro se. Mary L. Egan, Assistant Hennepin County Attorney, appeared for respondent. The sole issue for determination is whether the assessor's estimated market value of $142,000 for petitioner's homestead is excessive for taxes payable in 1988. The Court, having heard and considered the evidence adduced at the hearing and upon all of the files and records herein, now makes the following: FINDINGS OF FACT - 1. Petitioner has sufficient interest in the property to maintain this petition; all statutory and jurisdictional requirements have been complied with, and the Court has jurisdiction over the subject matter MA of the action and the parties hereto. 2. The subject property is petitioner's homestead, a townhouse in the City of Plymouth, legally described as: Lot 21, Block 1, Plymouth Creek; Commonly: 4065 Quantico Lane; Property I.D. No. 16-118-22 32 0009. 3. The only issue for determination is whether the assessor's estimated market value of $142,000 as of January 2, 1987 for taxes payable in 1988 is excessive. 4. Petitioner purchased the subject property in 1986 for $100,000. 5. The attached Memorandum is hereby made a part of these Findings of Fact. CONCLUSIONS OF LAW 1. The fair market value of the subject property as of January 2, 1987 is $130,000 and the assessor's estimated market value should be reduced accordingly. 2. Real estate taxes due and payable in 1988 shall be recomputed accordingly and refunds, if any, paid to petitioner as required by such computations, together with interest from the original date of payment. LET JUDGMENT BE ENTERED ACRDINGLY. �':j.•` BY THE COURT, / Co 21�1113- K/f. DU Np'C�A•,r. . DATED: v' •r September 15, 1988 -2- Earl B. Gud'tafso ,, Chiet Judge Minnesota Tax Q6Art MEMORANDUM This case poses an interesting question: What is the market value of a townhouse that sells for $100,000 in a transaction that meets the test of a "fair market sale" and, yet, overwhelming evidence indicates that other nearly identical townhouses in the same neighborhood at the same time were selling at "fair market sales" in the $140,000 to $160,000 range? ]-ff,� Fi4cT .F L/¢`V y0S7 )r0'6'�.. 77 Haas To We always give an arms -length sale of thee�� u ject property near UP T-deR 7*4 7We G'ouRT. P • the assessment date substantial but not conclusive weight. Englehart Building v. County of Dakota, Minn. Tax Court File No. 103974 (March 31, 1988); Nelson v. County of Hennepin, Minn. Tax Court File No. TC -2787 (February 29, 1984); Iienricksen v. County of Itasca, Minn. Tax Court File No. 31C-83-0546 (February 9, 1984). Often where other sales are not very "comparable" we will consider the sale of the subject property as the best evidence of the "market" and will adopt that purchase price as the indicated market value for tax purposes. This case is very unusual in that the evidence taken as a whole indicates that the fair market value of the subject property on the assessment date of January 2, 1987 was no less than $130,000. The adjoining townhouse with an identical floor plan but with some $15,000 to $16,000 worth of extra amenities sold in April, 1986 for $145,000. Both parties agree that, after adjustments, this sale is the best "comparable." There are a number of other good comparables of very similar townhouses in the same development. These purchase prices range from $143,000 to $172,200. The assessor's review appraisal concludes that, in his opinion, -3- the subject property had a fair market value of $156,000 on the assessment date. The assessor's original estimated market value was reduced by the county board of equalization from $147,500 to $142,000. Giving the sale of the subject property as much weight as we feel we can, we conclude that the assessor's estimated market value as of January 2, 1987 should be reduced from $142,000 to $130,000. E.B.G. BR.ENT PETERSON, Assistant Court Administrator of tha Tax Court, State of Minnesota, does hereby certify that the attached instrument is a true and correct copy of the original cn filo and ciCre�cord in m, otfice. Dat, --d this 1,,Lday of ) ti19 . 15 t�¢� Ccurt File No. TC — `7 �5 County c 'yv �U, &dicalo County if original file is kept Clark of Court acting as Clerk of Tex Courtj� IMIN STATE OF MINNESOTA J DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ------------------------------------------------------------------------------- Arthur J. Albrecht and Carol A. Albrecht Plaintiff, -vs- NOTICE AND ACKNOWLEDGMENT OF SERVICE BY MAIL Steven E. Roberts and Ruth M. Erickson -Roberts, husband and wife; Ken Wuertz Construction, Inc., a Minn. Corp.; City of Plymouth; Merila & Associates, Inc., a Minn. Corp.; Keith T. Harstad and Diane N. Harstad, husband and wife; Legran Homes, Inc., a Minnesota Corporation Defendants. ------------------------------------------------------------------------------- NOTICE TO: Laurie Rauenhorst, Clerk, City of Plymouth, 3400 Plymouth Blvd., Plymouth, MN 55447 The enclosed Summons and Complaint are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this form and return one copy of the complete form to the sender within Twenty.(20) days. Signing this Acknowledgment of Receipt is only an admission that you have received the Summons and Complaint, and does not waive any other defenses. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to the entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a Summons and Complaint in any other manner permitted by law. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the Complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on Dated: Ir `G BGG ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the Summons and of the Complaint in the above captioned matter at _ Dated City of Plymouth by Laurie Rauenhorst, Clerk NOTE Please return this entire form consist ni g of both pages 1 and 2 to the sender above named after you have signed and dated the acknowledgment portion. STATE OF MINNESOTA :S:ZS . DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ---------------•---------------------------------------------------------------- Arthur J. Albrecht and Carol A. Albrecht Plaintiff, -vs- Steven E. Roberts and Ruth M. Erickson -Roberts, husband and wife; Ken Wuertz Construction, Inc., a Minn. Corp.; City of Plymouth; Merila & Associates, Inc., a Minn. Corp.; Keith T. Harstad and Diane N. Harstad, husband and wife; Legran Homes, Inc., a Minnesota Corporation SUMMONS Defendants. ------------------------------------------------------------------------------- THE STATE OF MINNESOTA TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned and required to Answer the Complaint of the Plaintiff in the above entitled action, which is hereto annexed and herewith served upon you, and to serve a copy of your Answer to said Complaint on the attorney for Plaintiff at his office at 5701 Kentucky Avenue North, Suite 180, Crystal, Minnesota 55428, within twenty (20) days after the service of this Summons upon you, exclusive of the day of such service; and if you fail to Answer the said Complaint within the time and in the manner aforesaid, Plain- tiff will apply to the Court for relief demanded in said Complaint. Dated: 4-- /1 # g Me ar . Kaise s ot, Reg. No. 5 Attorney for Plaintiff 5701 Kentucky Avenue North, Suite 180 Crystal, MN 55428 (612) 535-9027 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: PROPERTY DAMAGE ------------------------------------------------------------------------------- Court File No. Arthur J. Albrecht and Carol A. Albrecht Plaintiff, -vs- AMENDED COMPLAINT Steven E. Roberts and Ruth M. Erickson -Roberts, husband and wife; Ken Wuertz Construction, Inc., a Minn. Corp.; City of Plymouth; Merila & Associates, Inc., a Minn. Corp.; Keith T. Harstad and Diane N. Harstad, husband and wife; Le Gran Homes, Inc., a Minnesota Corporation Defendants. Plaintiffs for their amended cause of action amend the Complaint dated November 10, 1987 by substituting the matters as stated and alleged herein: Procedural History 1. Plaintiffs Arthur J. Albrecht and his wife Carol A. Albrecht are the owners as joint tenants of real estate located in Hennepin County at 14525 43rd Place, Plymouth Minnesota, 55446 and legally described to wit: Lot 9, Block 9, Kingsview Heights Second Addition. (This property may be referred to herein as the downstream parcel) 2. Defendants Steven Roberts and his wife Ruth Erickson -Roberts (hereafter Roberts) are the fee owners of real estate located in Hennepin County at 14515 43rd Place, Plymouth, Minnesota 55446 and legally described, to wit: Lot 10, Block 9, Kingsview Heights Second Addition. (this property may be referred to herein as the upstream parcel or the Roberts property.) 3. Plaintiff's easterly lot line and Defendant Roberts' westerly lot line adjoin one another at a common boundary. -1- 4. Plaintiff's and Defendants Roberts' property are parcels contained in a platted development known as Kingsview Heights Second Addition, which addition is situated within the corporate boundaries of the city of Plymouth, Minnesota the final plat of which addition was approved and adopted by the city of Plymouth on or about July 1, 1985. Among other matters contained therein, the plat specified, for each of the lots contained therein, their respective elevations, topography, and grade and further established drainage and utility easements for each of said lots. 5. Defendants Ken Wuertz Construction, Inc. (hereafter Wuertz) and Merila and Associates, Inc. a Minnesota corporation (hereafter Merila) were obligated to construct the dwelling on the Roberts property. At all times pertinent to this proceedings, the Defendants Keith T. Harstad and Diane N. Harstad (hereafter Harstad), Le Gran Homes,Inc. (hereafter Le Gran), and Wuertz had an ownership interest in the Roberts property. Defendant City of Plymouth was timely served with notice of claim by certified mail on or about July 19, 1988. 6. On or about April 25, 1986, Plaintiffs entered into a Purchase Agreement for the construction and purchase of a new dwelling on the property described in Paragraph 1 herein (Lot 9); Plaintiffs' builder commenced construction in April 1986. Plaintiffs moved into the newly constructed home on or about August 10, 1986 and they closed on the property on August 13, 1986. 7. The construction of Defendant Roberts dwelling was already in progress in April 1986 when Plaintiff's builder commenced construction of Plaintiffs' dwelling; at the time Plaintiff's builder commenced construction on Plaintiff's home, Robert's builder had completed the excavation, had put in the foundation and basement walls and was in process of framing the Roberts home. 8. Preliminary to the construction of the Roberts home, Defendant Merila prepared a Certificate of Survey dated March 27, 1986 which survey, among other matters, specified the elevation of the lot and the elevation of the proposed dwelling to be constructed thereon. 9. The city of Plymouth issued its building permit for the construction of the Roberts home in reliance on the representations contained in the Certificate of Survey described in the preceding Paragraph herein. -2- 10. Defendant Wuertz constructed the Roberts home at an elevation approximately 3 feet higher than what was authorized by the City of Plymouth. 11. The proposed elevation of the approved plat of Kingsview Heights Second Addition as well as the elevations authorized pursuant to the Certificate of Survey provided that the Roberts dwelling should be constructed at an elevation of 1019 feet. 12. Defendant Wuertz constructed the Roberts dwelling at an elevation approximately three feet higher than the specifications contained on the approved Certificate of Survey and Defendant Wuertz also correspondingly increased the elevation of Roberts Lot 10 proportionate to the increased elevation of the home. 13. Defendant Wuertz had full knowledge that he was constructing the Roberts home contrary to the authorized elevations. 14. Defendant Roberts had full knowledge that his home was being constructed at an elevation higher than what was specified on the pertinent Certificate of Survey. 15. Prior to the placement of his foundation, Defendant Roberts had given his consent to the construction of his home at an elevation higher than specified by the pertinent Certificate of Survey. 16. No one sought nor did anyone obtain approval from the City of Plymouth to deviate from the elevations authorized by the site plan in constructing the Roberts homesite; no one sought or obtained approval from the owner of Plaintiffs' property for the elevation deviations to the Roberts property. 17. There was no inspection conducted by any authorized representative of the City of Plymouth to verify that the construction of the Roberts home complied with the elevations that were approved for the plat of the subdivision or that were authorized by the building permit. 18. Defendant Roberts acquired record title to Lot 10 on or about July 7, 1986; Roberts, however, had an interest in said lot at all times pertinent to the construction of the homesite thereon. 19. The subject properties are each subjected to drainage easements around the entire perimeter of each lot; each of the subject properties is subject to a -3- drainage easement six feet wide along their respective adjoining side lot lines. 20. The common boundary of the subject properties was intended to serve as the deepest part of a swale to have been formed from the combined 12 foot width of the two adjoining drainage easements. 21. The intended drainage and flowage of surface waters from both properties, according to the plat .and the approved Certificate of Survey, was intended to collect in the drainage Swale and to flow from the rear of the two parcels to the front of the properties and onto the street. 22. Defendant Roberts constructed a retaining wall approximately 64 feet in length approximately on the common boundary; on Roberts' side of the retaining wall, in the area reserved for his drainage easement, the elevation of Defendant Roberts lot ranges in amounts from approximately one to four feet higher in elevation than the corresponding elevation of Plaintiff's immediately adjoining property. Roberts did not seek nor did he obtain Plaintiff's consent for the elevation of the land lying in Roberts' adjoining drainage easement. 23. Approximately 20 or more feet of the retaining wall referred to in the preceding Paragraph encroaches onto Plaintiff's lot. 24. The construction of the Roberts home and the landscaping of the Roberts property altered the drainage pattern of surface waters as was otherwise contemplated according to the plat of the subject subdivision as approved and authorized by the City of Plymouth. 25. On or about July 23, 1987, there occurred the first significant rainfall following the completion of construction of the two subject properties. 26. At that July 23, 1987 rainfall, surface waters drained in significant volume from the Roberts property onto Plaintiff's property; the flowage and drainage of runoff rainwaters collected and pooled in Plaintiff's back yard adjacent to the common boundary of the two adjoining parcels; none of the runoff waters collected on Defendants Roberts' property and the drainage easement failed to provide the intended drainage of such water runoff. 27. At the July 23, 1987 rainfall, no part of the Roberts drainage easement along the parties' common boundary carried any burden of draining away the -4- T running waters except to serve as additional water course to dump the flowage onto Plaintiff's property. 28. At the July 23, 1987 rainfall, the manner in which Defendant Roberts landscaped his lot caused Plaintiff's property to carry substantially all of the burden of waters running off from Defendant Roberts property as well as having to drain the waters that accumulated naturally on Plaintiffs' own property. 29. Defendant Roberts' rear property line is situated at the base of a hill which is designated as Outlot H on the plat of the subject subdivision. 30. At that July 23, 1987 rainfall, the waters that flowed from Defendant Roberts' property onto Plaintiff's property included surface waters that had drained onto Defendant Roberts' property from Outlot H. 31. Throughout the summer following that July 23, 1987 rainfall, Defendant Roberts regularly watered the lawn on his property. 32. Throughout the summer following that July 23, 1987 rainfall, water collected and pooled constantly and remained standing in Plaintiff's back yard near the common boundary of the adjoining parcels; The only other significant source of this water, other than from rainfall, was from the runoff water resulting from lawn sprinkling waters that Defendant Roberts applied to his lawn. None of these waters ever collected or pooled for any significant time on the Roberts property. 33. The constant pool of water in Plaintiff's back yard during the summer of 1987 caused one of Plaintiff's trees to die out. 34. When Plaintiff's builder, John Schulteis df Le Gran Homes, Inc. was about to commence construction of Plaintiff's homesite in April 1986, Plaintiff's builder and Wuertz discussed the matter of the increased elevation that Wuertz added to the Roberts home; as part of that discussion the parties discussed the fact that the elevated Roberts home would disrupt the continuity of the planned architectural appearance of the neighborhood. One of the proposed remedies to maintaining a unified neighborhood appearance was to increase the elevation of Plaintiff's lot and homesite to correspond to the increased elevation of the Roberts property. -5- 35. The proposal to raise the elevation of Plaintiff's lot would have required additional fill to raise the elevation of Plaintiff's lot and then would have required some additional landscaping to bring the elevated level of Plaintiff's Westerly (southwesterly) lot line down in an architecturally appropriate manner to match with the level of Lot 8, the lot immediately adjoining Plaintiff's westerly (southwesterly) boundary; both of these considerations would have increased the cost of construction of Plaintiff's homesite. 36. Wuertz promised that if Plaintiff's builder would elevate Plaintiff's lot and home per their discussion, that Wuertz would pay the cost of the additional fill and that Wuertz would pay the cost of landscaping Plaintiff's westerly (southwesterly) boundary to coordinate Plaintiff's lot 9 down to the level of the immediately adjoining Lot 8. 37. In reliance of Wuertz's promise, plaintiff's builder incurred additional construction costs of approximately $3,300.00 for the construction modifications agreed to between he and Wuertz; these costs were included in the cost of Plaintiff's home and were paid for by the Plaintiffs at closing thereof. 38. In October 1986 Plaintiff Arthur Albrecht and Wuertz talked with each other; at that conversation Wuertz confirmed his promise made to Plaintiff's builder that Wuertz would pay for the additional costs pertaining to elevating Plaintiff's lot as previously described hereinabove. At Plaintiff Arthur Albrecht's request, Wuertz promised to issue his payment in reimbursement therefor; on a subsequent conversation between Plaintiff Arthur Albrecht and Wuertz, Wuertz stated, in substance, that on advice of his attorney, that he was refusing to reimburse Plaintiff for the previously agreed to modification costs. 39. Plaintiff has demanded reimbursement from Wuertz for the approximate $3,300.00 of the agreed to construction costs but Defendant Wuertz has failed to pay any part thereof. Count One 40. Plaintiff reincorporates Paragraphs 1 through 39 as if fully repeated herein. ME 41. On information and belief, the Defendants were misfeasant, mal feasart, careless and neglectful in providing design, construction and construction managment services and in failing to construct the Roberts dwelling according to the authorized certificate of survey. 42. That as a result of the foregoing, Plaintiffs have been damaged in an amount in excess of $50,000.00. Count Two 43. Plaintiff incorporates Paragraphs 1 through 39 as if fully repeated herein. 44. On information and belief, the Defendants landscaped the Roberts property or otherwise permitted the landscaping, and constructed, or otherwise permitted the construction of a retaining wall in violation of the certificate of survey by failing to preserve the required drainage easement required thereon; further a portion of that retaining wall encroaches onto Plaintiff's property. 45. That as a result of the foregoing, Plaintiffs have been damaged in an amount in excess of $50,000.00 Count Three 46. Plaintiff incorporates Paragraphs 1 through 39 as if fully repeated herein. 47. The runoff of surface waters from Roberts property onto Plaintiff's property constitutes: a. A Nuisance b. A Continuing trespass on Plaintiff's property C. Negligence d. An unreasonable use of Roberts property resulting in detriment to the Plaintiff. e. An artificial accumulation of surface waters which aggravated a condition existing by natural forces. f. An unreasonable and improper flowage of surface waters from Roberts property onto Plaintiffs property. g. An unreasonable and improper diversion of surface waters to Plaintiff's property that should otherwise be borne by Roberts property resulting in Plaintiff's deteriment. h. An unlawful denial of the reasonable use and access and right of enjoyment by Plaintiff of his property. 48. That as a result of the foregoing, Plaintiffs have been damaged in an amount in excess of $50,000.00. -7- Count Four 49. Plaintiff reincorporates Paragraphs 1 through 39 as if fully repeated herein. 50. The flowage of surface waters from Roberts property to Plaintiff's property has resulted in property damage, physical suffering, discomfort and inconvenience, and impairment to Plaintiff's comfortable enjoyment and occupancy of their home. 51. That as a result of the foregoing, Plaintiffs have been damaged in an amount in excess of $50,000.00. Count Five 52. Plaintiff reincorporates Paragraphs 1 through 39 as if fully repeated herein. 53. Wuertz owes Plaintiff the sum of $3,300.00 pursuant to his agreement to pay for the increased construction costs that accrued to Plaintiff's property to realign the elevation of Plaintiff's property to the raised elevation of Roberts property. Plaintiff has demanded payment therefor and Wuertz has paid no part thereof. Wherefore; Plaintiff demands judgment against the Defendants jointly and severally as follows: 1. In an amount in excess of Fifty Thousand ($50,000.00) Dollars on each of counts 1, 2, 3 and 4 referred to hereinabove. 2. For a injunction against any further nuisance and encroachment of both the surface waters and of the retaining wall. 3. Abatement of the nuisance caused by the encroaching retaining wall. 4. Abatement of the nuisance and continuing trespass caused by flowage of surface waters from Roberts property to Plaintiff's property. 5. Reimbursement of costs, disbursements and attorney fees incurred herein. 6. In the sum of $3,300.00 from Defendant Ken Wuertz Construction, Inc. on Count 5 herein. ACKNOWLEDGEMENT The hereafter named parties, by the undersigned attorney, acknowledge that costs, disbursements, and reasonable attorney and witness fees may be awarded to the opposing parties pursuant to Minn Stat § 549.21, Subd. G Dated: edard B. K ise s ot, Reg. No. 53235 Attorney for Plaintiff 5701 Kentucky Avenue North, Suite 180 Crystal, MN 55428 Our File No. 1776-1 (612) 535-9027 M3�5' , , , �... 5 .- a 114. J J 1 a W . 7 i • ODD.4At / 09,00/ SL'Z// N v_ v C=D p P4 A6 cp y G TS 1 It / 00' // SO. if.00 1 1 1 41.44 70 _ _ - _ --- - - - -I- - _. -4 5W 00'O// 00' / 00'0/ KIN SVIE il NEIG TS 9 t� o N 59 00.01/o0'o/i 00'01/ 000/� 2ov1J L� 10 ,�` � - _ � S' � •. •.• � � 41. ,j 6N pj N6` J ot0 W • ♦� V 06 j � I W O � �'l9 �• tn►I q � eo 0�qf oo I ;'lip p o dC fi,� � T• M of ! I � � ' p ' V3VHll _ ' hOW 94 &0 /fI. 7 q rllr U o `10 y CID 8 N aN v "J - "� : • o ,"� _ to• 1� t CD `� • '. ' .nrlb s. ti• `�� Cdr ^ � {� i f s - r (T VI 1-7 • A r ,� C' b � �izv >r } e° `�. v by • . �� A to t— aa+ ! �• - �\ �, tJ� L y .� -01 Afi fA.BS � • xH/ =00/ - Si dS01 Jai, /9L Clk � c � -� " E oe ,t• , � oo � � � ~ • 1 � � loft .� � � �, ` �r v 1 / e o e` Ali � (► • � t � i So -to O y —1 174. 7 �� 7 • �� t/ O Ulr w .} t►I -1 N p �N n•_ �. / / W v D W r O • n to, 41,u 0 T m o• f G OUTLOT F a OUTLOT D 4 2) ° 1 2632.08' RES. f Zw CITY OF April 14, 1989 PLYMOUTR SUBJECT: PLYMOUTH ODD -EVEN WATER RESTRICTIONS Dear Manager: The City of Plymouth will have odd -even water restrictions in place from May 1 - September 30. These restrictions apply to all Plymouth water customers. The enclosed flyer details the restrictions. There are no exceptions to the restrictions. Lawn/landscape service which requires sprinkling/watering should be scheduled in accordance with the restrictions. The penalty for violating the restrictions is $100 for each day of violation. One warning will be issued before a water customer is penalized. These restrictions are necessary to assure that sufficient water is available for fire emergencies and daily household/business needs. Please share this information with those people in your company who will be working in Plymouth. If you need more flyers, please contact me at 559-2800 ext. 230. Thanks for cooperating with our community's water conservation efforts. Sincerely, Helen LaFave Communications Coordinator HL:kec attachment 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF April 14, 1989 PLYMOUTR SUBJECT: PLYMOUTH ODD -EVEN WATER RESTRICTIONS Dear Homeowner Association President: The City of Plymouth will have odd -even water restrictions in place May 1 - September 30. Please help us get this information out to residents by sharing it with members of your association. The enclosed flyer details the water restrictions. These restrictions are necessary to assure that sufficient water is available for fire emergencies and daily household/business needs. The penalty for violating the restrictions is $100 for each day of violation. Water customers will receive one written warning before they are penalized. If drought conditions or another water emergency require that changes be made in the restrictions, they will be announced on WCCO (830) AM radio and on Plymouth cable channel 37. Residents can also get up-to-date information by dialing the water restriction hotline at 559-1564 after regular business hours. For more information during business hours, residents may call 559-2800 ext. 239. I appreciate your help in spreading the word about Plymouth's water restrictions. If you need more copies of the flyer, contact me at 559-2800 ext. 230. Sincerely, Helen LaFave Communications Coordinator HL:kec attachment 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTFF April 14, 1989 SUBJECT: PLYMOUTH ODD -EVEN WATER RESTRICTIONS Dear Apartment Owner: The City of Plymouth will have odd -even water restrictions in place May 1 - September 30. The restrictions apply to all Plymouth water customers. They are detailed in the enclosed flyer. The penalty for violating the restrictions is $100 for each day of violation. Water customers will receive one warning before they are penalized. These restrictions are necessary to assure that sufficient water is available for fire emergencies and daily household/business needs. Please share this information with the person responsible for maintaining the grounds of your Plymouth apartment building(s). If you need more flyers, please contact me at 559-2800 ext. 230. Thanks for cooperating with our community's water conservation efforts. Sincerely, Helen LaFave Communications Coordinator HL:kec attachment 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 r� 1989 Plymouth Water Restrictions Odd -even restrictions on all outdoor water use will be in place May 1 - September 30 for all Plymouth water cus- tomers. • Customers with even -numbered addresses may water on even -numbered calendar days. Those with odd - numbered addresses may water on odd -numbered days. • The restrictions apply to new sod, landscaping and timed sprinkler systems. • If you hire a lawn service, schedule your lawn care in accordance with the restrictions. • The penalty for violating the water restrictions is $100 for each day of violation. Water customers will receive one written warning before they are penalized. Changes in Restrictions If drought conditions require the City to change the restrictions, they will be announced on: • WCCO AM (830) Radio • Cable TV Channel 37 • The Water Restriction Hotline, 559-1564. Citi- zens may call the hotline after regular business hours for a recorded message of up-to-date out- door water use restrictions. rl2b Water Conservation Tips • Be alert for leaky taps & toilets and repair immedi- • Water your lawn early in the morning to minimize ately. Often only a washer is needed to stop a drip. evaporation. • Use a displacement device (a water -filled plastic bot- tle) in the toilet tank to reduce the amount of water required to flush. • Avoid running the tap for a glass of water. Put a pitcher of water in the refrigerator. • Use your dishwasher and clothes washer only when you have full loads. • Never pour grease or oil in the drain. It requires too much water to rinse it down & may clog the drain. Store grease or oil in a container. • Do not leave the water running when brushing your teeth or shaving. • Use buckets and tubs of water to wash your car or the dog — instead of letting a hose run. • Use a nozzle on your garden hose. It will act as a flow restrictor. • Cut grass at a two to three inch height instead of cropping it closely. This will reduce the water it needs. • Sweep sidewalks & driveways instead of washing them down with a hose. • Reuse as much water as possible. T CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 20, 1989 TO: All City Employees FROM: Frank Boyles, Assistant City Manager SUBJECT 1989 SPRINKING RESTRICTIONS ENFORCEMENT PROCEDURES As you may know, even -odd water sprinkling restrictions will qo into effect May 1 through September 30. The effectiveness of the program will once again be dependent upon consistent and aggressive enforcement efforts. Attached is a set of procedures, policies and form letters for the implementation of the water sprinkling restrictions. The Public Safety Department will conduct inspections throughout the community weekly with special emphasis during peak daily usage periods. On weekdays, the Public Works Department street and sewer and water crews will assist in enforcement as part of day to day work efforts. Attached is a form letter which serves both as a warning and violation notice. The person inspecting fills out the letter with one carbon copy. The original is given to the property owner and the copy returned to the Fire Division City Center office where all warnings and notices are filed by address. A copy of each second notice is forwarded to Daryl Sulander in Finance, by the Fire Division, following confirmation as an indicator that the water user is to be penalized $100 on the next water bill. I have also attached copies of the blue "1989 Plymouth Water Restrictions" notice for you to distribute as information to the public. FB:kec 4/89 CITY OF PLYMOUTH PROCEDURES FOR IMPLEMENTATION OF PLYMOUTH WATER SPRINKLING RESTRICTIONS IN GENERAL These procedures are intended to be a guide to the implementation of the Plymouth water sprinkling restrictions. Water restrictions are in effect May 1 through September 30. Attached is a copy of Plymouth City Code, Section 720.45. A notice is also attached which discusses the specific requirements of the restrictions. Efforts should be made to encourage water users to voluntarily comply with the sprinkling restrictions. Where such efforts fail, the Public Safety Department is charged with providing the written warning and assessing the $100 penalty if the violation is subsequently noted. PROCFDURFS 1. The Plymouth Public Safety Department will be responsible for enforce- ment of the water sprinkling restrictions, including notification of water customers in violation of the restrictions. 2. The Public Safety Director will assign personnel to inspect, throughout the community, for violations to the water use restrictions. Enforcement of the odd -even water use restrictions should take place on a continuing basis. 3. The Public Safety Department is responsible for maintaining records including all written warnings and penalty notices each year. 4. Upon observing a violation by a water user, the employee will advise the party of the violation through use of the attached warning/violation letter. The employee will fill-in the appropriate information on the letter including one copy. The original letter is given to the water user in person. The carbon copy is returned to the Public Safety Department office support staff for filing. If no one is home at the residence, the employee will leave a copy of the "Water Restrictions" flyer at the address and return both the completed original and copy warning/violation letter to the Public Safety Department at the end of the business day. They will mail the original to the user and file the carbon copy. 5. Upon receipt of the carbon copies, the Public Safety Department will file by address order, checking to determine if the user has previously received a warning. If so, a copy of the carbon will be sent to Daryl Sulander. Receipt of the copy by the Finance Department will serve as notification that the $100 water sprinkler restriction penalty is to be assessed against the next water bill for that water user. DATE: CITY OF NAME: PLYMOUTR ❑ Personal Delivery ADDRESS: ❑ Mail Delivery SUBJECT: WATER SPRINKLING RESTRICTIONS WARNING/VIOLATION NOTICE Dear Plymouth Water Customer: The City Council has authorized water sprinkling restrictions which allow outside water usage on an odd/even basis. On odd numbered calendar days, water users with addresses ending in an odd number are permitted to use water outside. On even days, water users with even numbered addresses are permitted to use water outside. Today, I observed a violation of the odd -even water sprinkling restrictions at your address at approximately a.m./p.m. The City Ordinance provides that each water customer is entitled to one warning. Any violation following this warning is penalized $100 per violation. Each day is considered a separate violation. The penalty is added to the water bill for the premises. You are hereby warned that you have violated the water sprinkling restric- tions. If you have been previously been warned of a sprinkling restriction violation, the $100 penalty referenced above will be added to your next water bill. Please help us conserve our water supply by voluntarily cooperating with the even -odd restrictions. Be sure to tell your friends. If you have questions, please contact 559-2800, Ext. 351. Sincerely, Richard Carlquist Public Safety Director by: cc: Public Safety Department 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 ORDINANCE_ NO. 88-27 AN ORDINANC'- 10 -1 -AI INC 10 LICENSES AND PERMITS; PROCEDURE=S AND f EL S; ANi) AMI-NDINC Pt.YMOU1H CITY CODE, StA3SECTION 1015.19, SU(3DIVISION 1 (n) AND RELATINC 10 PUBLIC UTILITIES AND AMENDINC PLYMOUTH CITY CODE, SU(3SLCIION 720.45 THE CITY COUNCIL OF 119E CITY OF PLYMOUTH ORDAINS: Section i. Plymouth City Code, Subsection 720.45 is amended to read: 720.45. Restricted Hours for Sprinkling. Whenever the Council shall determine that a shortage of water supply threatens the City, it may by resolution limit the times and hours during which water may be used from the municipal water supply system for lawn and garden sprinkling, irrigation, car washing, air conditioning or other uses specified therein. Notice of such resolution shall be given in such manner as the Council may determine Including, but not limited to, newspaper articles, radio and television broadcasts, stating the date on which the limitation is effective. Any water customer who shall cause or permit water to be used in violation of the provisions of the resolution shall be given a warning by the W-atvr- D4.p`ar-twQnt City Manager as to such violation and thereafter successive violations shall be charged the penalty set by Chapter X for each day of such violation, which charge or charges shall be added to the next water bill for the premises. Continued violations after such warnlnq shall be cause for discontinuance of water service. Section 2. Plymouth City Code, Subsection 1015.19, Subdivision l (n) 15 amended Lo read: (n) Violation of water Sprinkling Ban of Section 720.45 $5_00 $100.00 for each day of vr`oTa—t1-on Section 3. This ordinance is effective in accordance with SubsecLion 110.11. Mayor City Clerk CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 20, 1989 TO: Dale Hahn, Scott Hovet, Blair Tremere, Ryan FROM: Frank Boyles, Assistant City Managerw SUBJECT PUBLICITY OF 1989 SPRINKLER RESTRICTIONS I need your help again publicizing our 1989 sprinkler restriction program. I am attaching a substantial number of copies of a blue notice entitled 111989 Plymouth Water Restrictions." I am asking that you have the following Individuals distribute this flyer as part of their daily routine, preferably to homeowners or homes soon to be occupied by a property owner. I believe it would be helpful if the sewer and water meter reader, appraisers and building inspectors could assist in this effort. In addition, the Public Safety and Public Works Department will be distributing flyers. Unless you contact me to the contrary, I will assume that you have no problem with the distribution of these flyers as recommended. FB:kec attachment CITY OF PLYMOUTH+ FOR IMMEDIATE RELEASE FOR MORE INFORMATION: 559-2800 EXT. 230 The city of Plymouth will implement odd -even restrictions on outdoor water use from May 1 through Sept. 30. Businesses and residents with addresses ending in an odd -number may water on odd -numbered days. Those with even -numbered addresses may water on even -numbered days. The restrictions apply to all Plymouth water customers, including those with new sod or landscaping and timed sprinklers. Businesses and residents hiring lawn service companies to care for their lawns are reminded to consider the odd -even restrictions when scheduling service. The penalty for violating the water restrictions is $100 for each day of violation. Water customers will receive one written warning before they are penalized. The penalty will be added to the customer's water bill. If drought conditions or another water emergency require that changes be made in the restrictions, they will be announced on WCCO (830) AM radio and Plymouth cable channel 37. Residents can also get up-to-date information by dialing the water restriction hotline at 559-1564 after regular businesses hours. For more information during business hours, call 559-2800 ext. 239. The City has adopted the odd -even restrictions to conserve water and in the process assure sufficient water for fire emergencies, business and household needs. -30- 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 �r(10 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 14, 1989 TO: Eric Blank, Director of Park and Recreation FROM: dames G. Willis, City Manager SUBJECT ZACHARY LANE PLAYFIELD - ODD EN SPRINKLING RESTRICTIONS Given the size of the Zachary Lane playfield complex, I am informed it is not possible to adequately water the entire facility in one night. While there is one water meter service to the site, there are in fact two separate watering systems, each individually controlled. The northern half of the park, north of the shelter building, including the softball field and two soccer fields, is on one control system, while the other four ballfields located south of the shelter are on their own system. For purpose of the City Council's odd -even sprinkling restrictions, the northern controller will be deemed to have an even address, while the southern controller will be deemed to have an odd address. Neighbors around the park should be informed in writing by Mark that the northern half of the park is deemed to have an even address as it is ,on its own water system as compared to the one on the south portion of the park. This will tend to reduce some of the calls we will get once the watering restrictions are in force. Mark should also discuss this memo with City receptionists, Carolyn Racine, Helen LaFave, the CSO's and Fire Chief so that they are aware of this policy change. If you have any questions about this please let me know. JW:kec cc: Fred Moore, Public Works Director Mark Peterson, Superintendent of Parks Dick Carlquist, Director of Public Safety Frank Boyles, Assistant City Manager DAN T. RYERSON Attorney At Law 7600 Parklawn Avenue South Minneapolis, Minnesota 55435 April 18, 1989 BY FAX Mr. James J. Thomson, Jr. Attorney at Law 2000 First Bank Place West Minneapolis, MN 55402 RE: Gregory Begin/City of Plymouth Dear Mr. Thomson: (612) 831-5793 Telecopier (612) 831-7358 Last night, April 17, 1989, my client Mr. Greg Begin and I appeared informally before the City Council of Plymouth regarding a matter which has been an ongoing discussion recently between he and the City of Plymouth. I am writing to you as the City Attorney to apprise you of this situation and m_v client's position with regard to certain activities he intends to carry out on his farm in the City of Plymouth. The farm in question is at 5525 Xenium Lane, Plymouth and con- sists in total of approximately 180 acres, part of which is owned by the Begin family and part of which is rented by them. The Begins have owned their land since at least 1951 and all of the land in question has always been used for farming. It is presently zoned FRD by the City. 3n recent years, Mr. Begin has become aware that the top soil on his farm is seriously depleted and that the land is in dire need of enrichment if it is to continue to be productive as crop land. Quite recently, Mr. Begin has been given the opportunity to receive a large quantity of peat and soils rich in organic materials from the exca- vation of an area that is being prepared for the Highway 394 con- struction. The material would not only be available without cost, but Mr. Begin would be paid to receive the material and use it on his farm. His intention is to evenly distribute the material over most of the tillable acreage that he farms to a depth of 1 or 2 feet, concen- trating on the areas where there is most noticeably an absence of top soil. The new top soil would immediately be tilled into the ground and seeded. The result would not be to change the contour of the land, and the use would in all respects continue to be agricultural. This opportunity must be taken by Mr. Begin immediately because (1) the excavation of the peat at the Highway 394 site is about to T � begin and the contractor must make an arrangement for placement immediately and (2) this being the spring planting season, it would be most advantageous for Mr. Begin to begin the tillage and seeding process as soon as possible. We view this as unquestionably a permitted use under the Plymouth zoning ordinance, Section 7C10. In anv event, the farming of the land in question, together with all related practices of tillage and soil husbandry were uses that long predated the present Plymouth ordi- nances. In my client's discussions with the City of. Plymouth, however, the building officials and the Community Development Director have stated that they view this project as "fill activity" or as "land reclamation" so as to subject it t:; the requirement for a conditional use permit. They base that on the fact that more than 50 cubic yards of top soil will be placed on the Begin farm. Members of the Council, in informally reviewing this with us last night, also stated that a conditional use permit should be sought. The 50 cubic yard provision appears in Section 4, Subd. B of the zoning ordinance, under the definition of Land Reclamation. We do not agree that Mr. Begin's project is "land reclamation" as that term is usually applied to sites that are being improved for development or construction purposes; it is rather "land enrichment" which any farm operator should be entitled to carry out as his agricultural pursuits demand. Further, the purpose of bringing in this material is not to "elevate the grade", although I would observe that depositing any amount of material will elevate grade to some degree. In that regard, the ordinance is quite vague; it should not be interpreted so as to hold a 180 acre farm to the standard as a one-half acre building lot. It is our hope that a careful review of the ordinances ma17 lead the City staff and Council to recognize Mr. Begin's proposed project as a legitimate farming activity of the type which not only is permit- ted under the existing ordinance, but which predated not only the present ordinances but even the incorporation of the present munic- ipality. Mr. Begin is more than willing to heed any legitimate regulatory concern the City may have; for example, sweeping of streets that may be necessary because of the transport of the soil, as well as upkeep of the gravel portion of Xenium Lane, will be assured by Mr. Begin or his supplier. However, it would not be reasonable to subject this project to the expense, delays, and uncertainty of the condition- al use permit process. Mr. Begin stands to gain from this project not only the enhanced fertility (and, therefore, value) of his farm, but also a fee of $1.00 per yard for the top soil received, up to 500,000 cubic yards. 44hile that sounds like a great deal of material, and it is that quantity which seems to be prodding the Cite to exert regulatory control, it is in fact not that much when spread over 180 acres. Moreover, the deliveries will extend over as much as 2 years or more, yet we know of no limitations on scope or quantity when it comes to permitted ag- ricultural uses. It is our hope that the City will consider this 2-� project only from the standpoint of its legal rights and responsibil- ities. Either myself or Mr. Bob Gislason, at this same address and phone number, will be happy to discuss any questions or concerns you may have regarding the above. Very truly your Dan T. Ryerson �) DTR/aa cc: Mayor and City Council of Plymouth Gregory Begin 2000 First Bank Piece West Minneapolis Minnesota 55402 Telephone f6 12) 333-0643 Telecopier (612) 333.0540 J. Dennis O'Brian John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schwffer Charles L. LeFevere James J. Thomson, Jr. Thomas R. Galt Steven S. Schmidt Jot -in G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R Skallorud Corrine A. Heirs David D. Beaudoin Steven M. Tallen Mary Frances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A Bergh Darcy L. Haosmun David C HUldnd Karen A. C:hamerlik Paul O. Baertsrh Arden Fritz Mark J. Gergen Julie A. Lawlor Janet J. Colernur, Stephen J. Bubul Clayton L. LeFevere, Retired Herbert P. Lefler, Retired Lee lel, hcluuvth Iliad i I Pnolk-inn:il AWLirhun April 21, 1989 BY TELBCOPIE11 Dan T. Ryerson, Esq. 7600 Parklawn Avenue South Minneapolis, MN 55435 Re: Gregory Begin -- roil Deposits Dear Mr. Ryerson: I received your letter dated April 18, 1989 regarding Mr. Begin's desire to depo.it a significant amount of soil on his property. I have also discussed this matter with City officials who have communicated with Mr. Begin or his representative. I have analyzed these facts in light of the City's zoning Ordinance and do not share your interpretation. It is my understanding that your client- owns land in the City that is zoned FR.D. He seeks to deposit as much as 500,000 cubic, yard€ of soil on the property from a location being excavated for Interstate 394 construction. Mr. Begin first made his request known to the City on March 29, 1989 in a meeting with Joe Ryan. Following this and subsequent meetings, the City informed Mir. Begin that a project of this scope would require a conditional use permit and a grading permit. I interpret your position to be that your client should not be required to obtain a permit of any type prior to depositing the soil. You regard this process as "land enrichment" and argue that deposit of soil. in any amount on agricultural land should be allowed without regard to City permit require- ments. Section 7, Subdivision C, No. 32 of the City':; Zoning Ordinance clearly requires a conditional use permit for the deposit of material .in excess of 50 cubic yards so as to elevate the grade. A grading permit is also required. Your contention that the property is used for agriculture does not affect the CUP or grading permit requirements. Deposit or extraction of more than 50 cubic yards of soil in pny of the City's zoning districts requires a CUP and CC e 7 T T Dan T. Ryerson, Esq. April 21, 1989 Page 2 grading permit, "Agriculture" and "land reclamation" are not mutually exclusive categories under the Zoning Ordinance, The City has consistently advised Mr. Begin that he cannot depOE;it the :30il on his property without City approval. The City has provided your client with all the necessary information regarding the permit ap!:)lication process. The City has beer.. and is ready, willing, and able to review any application Mr. Begin submits to achieve his desired goal.. Until an application .is submitted and approved, Mr. Begin cannot deposit material exceeding 50 cubic yards. The City will vigorously contest any attempt to coo so by seeking injunctive relief in Hennepin County District Court. The city will ,also seek attorneys` fees :if forced to enjoin this unauthorized activity. I would urge you to convince your client to apply for the necessary permits so that this matter can be re::,olved as expeditiousi;l as possible. Very truly yours, LeFEVERE, LEFLER, KENNEDY O'BRIEN AND DRAWZ J mes Thomson cc: James Willis 0066ltO1.h37 E0d =1�;1 ZE:TT TZ -VO -6e .1 st Reading Ref. to Comm. Public Hearing 2nd Reading b Final Passage AN ORDINANCE of th* CITY OF MINNEAPOLIS Date to Mayor 4 Date Returned Date Resubmitted to Council Cramer, Covle, Niemiec, Johnson, Hilary, Scallon, O'Brien, and Car�,Qnnthe foilowingordinonca: Amending Title 10 of the Minneapolis Code of Ordinances relating to Food and Food Handlers by adding thereto a new Chapter 204 relating to Environmental Preservation: Environmentally Acceptable Packaging. The City Council of the City of Minneapolis do ordain as follows: Section 1. That the Minneapolis Code of Ordinances be amended by adding thereto a new Chapter 204 to read as follows: "Chapter 204. Environmental Preservation: Environmentally Acceptable Packaging 204.10. Legislative Purpose. The City Council finds that discarded packaging from foods and beverages constitutes a significant and growing portion of the waste in Minneapolis'_ waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste management for the citizens of Minneapolis and others working or doing business in Minneapolis. The Council further finds that plastic packaging is rapidly replacing other packaging material, and that most plastic packaging used for foods and beverages is nondegradable, nonreturnable and nonrecyclable. The Council also finds that the two main processes used to dispose of discarded nondegradable, nonreturnable and nonrecyclable plastic foods and beverage packaging, are land filling and incineration, both of which should be minimized for environmental reasons. S 8' Chemicals hazardous to human health and to the safety of the environment are present in the composition of plastic packaging, are believed to leach into the groundwater when this packaging is placed in landfills, have been found to escape into the air when this packaging is burned in incinerators, and contribute to environmental problems associated with ash residue resulting from the incineration process. The Council therefore finds that the minimization of nondegradable, nonreturnable and nonrecyclable food and beverage packaging originating at retail food establishments within the City of Minneapolis is necessary and desirable in order to reduce the City's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, to make the waste stream less damaging to the environment, and to make our City and neighboring communities more environmentally sound places to live. 204.20. Definitions. As used in this Chapter, the following terms and phrases shall have the meanings as defined in this section: (a) "Packaging" shall mean and include all food -related wrappings, adhesives, cords, bindings, strings, tapes, ribbons, bags, boxes, coverings and containers; and shall further include cups, glasses and similar containers for drinking out of or for holding liquids, and plates and serving trays, but shall specifically exclude plastic knives, forks and spoons sold or intended for use as utensils. (b) "Environmentally acceptable packaging" shall mean and include any of the following: (1) DEGRADABLE PACKAGING: Paper or other cellulose -based packaging capable of being decomposed by natural biological or biochemical processes; (2) RETURNABLE PACKAGING: Food or beverage containers or packages, such as, but not limited to, soft drink bottles and milk containers that are capable of being returned to the distributor, such as but not limited to, dairies and soft drink bottlers, for reuse as the same food or beverage container use at least once; (3) RECYCLABLE PACKAGING: Packaging made of materials that are separable from solid waste by the generator or during collection and are currently collected for recycling in an organized fashion in a municipally sponsored program within the City of Minneapolis. Packaging made of either polyethylene terepthalate (P.E.T.) or high density polyethylene (H.D.P.E.) shall be considered to be recyclable if and when it is collected for recycling in the same manner as here stated. (c) "Food establishment" as used in this Chapter means a "food establishment" as defined in Section 188.10 of the Minneapolis Code of Ordinances. (d) "Commissioner" shall mean the Commissioner of Health of the City of Minneapolis or the Commissioner's designee. 204.30. Prohibitions. No person owning, operating or conducting a food establishment within the City of Minneapolis shall do or allow to be done any of the following within the City: Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage that is placed, wrapped or packaged, at any time at or before the time or point of sale, in or on packaging which is not environmentally acceptable packaging. The presence on the premises of the food establishment of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. 204.40. Enforcement. The Commissioner shall have the duty and the authority to enforce provisions of this chapter. 204.50. Rules and Regulations. The Commissioner may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this Chapter and protect the health of the public, including the development of exemptions under Section 204.70 for packaging for which there is no commercially available alternative and for flexible packaging. In promulgating such rules the Commissioner shall consider the legislative purposes provided in Section 204.10 of this Chapter and shall consult with the operators of affected food establishments. 204.60. Advisory Commitee on Environmentally Acceptable Packaging. The City Council shall, by resolution, establish an Advisory Committee on Environmentally Acceptable Packaging. The resolution shall provide for the membership, manner of appointment, the Committee's charge and its duration. The membership shall be drawn from affected governmental units, business and industry, trade associations, general business organizations, consumer groups, environmental groups and others as determined in the resolution. The Advisory Committee shall include a member designated by the Hennepin County Board of Commissioners from outside the City of Minneapolis and a member designated by the Association of Metropolitan Municipalities. The charge of the Committee shall include the following: :E T . (a) monitoring industry and governmental actions relating to environmentally acceptable packaging; (b) advising the Commissioner of Health on implementation issues; (c) advising the City Council on the feasibility of the effective date of this Ordinance and recommending whether or not the effective date should be extended; (d) assisting in efforts to expand the City's recycling program to include the collection of potentially recyclable materials not presently collected, including consideration of financial assistance; (e) recommending actions other levels of government and industry can take to advance the goals of this Chapter. (f) assisting in the development and implementation of public education programs on recycling and packaging. (g) Encouraging adoption of substantially similar regulations by surrounding cities, particularly those cities with a border in common with Minneapolis. 204.70. Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) any flexible packaging of 10 mils or less in thickness unless disapproved by the Commissioner pursuant to rules promulgated under Section 204.50 above; (b) any packaging used at hospitals or nursing homes; (c) any paper, cellophane or other cellulose -based packaging that is coated with plastic; (d) any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the Commissioner by rule promulgated pursuant to Section 204.50. In determining whether there are commercially available alternatives the Commissioner shall consider the following: (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) the competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this paragraph shall be reviewed annually by the Commissioner to determine whether current conditions continue to warrant the exemption. M_—O 204.80. Penalties. Each violation of any provision of this Chapter or of lawful regulations promulgated under Section 204.50 hereof shall be a petty misdemeanor, for which the maximum fine shall be $50.00. Each day on which a violation occurs constitutes a separate violation. 204.90. License Adverse Action. A violation of Section 204.30 shall be sufficient grounds for the revocation, suspension, denial or non -renewal of any license for the food establishment at which the violation occurs. 204.100. Severability. If any part or provision of this Chapter or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this Chapter or the application thereof to other persons, entities, or circumstances. 204.110. Effective Date. This Ordinance shall take effect July 1, 1990. The City Council may, however, pursuant to the recommendations of the Advisory Committee created under Section 204.60 hereof and the Commissioner of Health, delay the effective date of this Chapter for a period not to exceed six (6) months. Adopted. Yeas, 12; Nays none. Absent - Sayles Belton - 1. Passed March 31, 1989. Alice W. Rainville, President of Council. Approved April 6, 1989. Alice W. Rainville, Acting Mayor. Attest: Steven J. Ristuben, Asst. City Clerk. ,- Ave V=Aft'DWILAbs.C1� MQmoer Ave NaJNJIMS-'ra Z!ecz!0r Creanc ,ec C'9r�e�IStaaovieson, p ainvtd! �dI�SO� =dVie3 3eltor X INDICATES VOTE - N.V. - Not VotingAbs. — Adient Ovro. - von to Overnas Sust •vote 'o Sustain PASSED 19 APPROVED NOT APPROVED 19 VETOED ATTEST :,ry C:MK P�*Wae"q of CCYn:II Meyer CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 18, 1989 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Work FROM: Richard J. Pouliot, Project Coordinator SUBJECT: ENVIRONMENTAL PACKAGING ORDINANCE The Cities of Minneapolis and St. Paul have both passed an ordinance to be effective in 1990 which would prohibit food packages which are either non- returnable, non -degradable, or non -recyclable. The State Legislature has added a provision to one of their bills which would prohibit cities in the State of Minnesota from taking this action. The reason being that they feel it's an action that should be done on a state wide basis. If that feature does not pass through the State Legislature, or even if it does, there is merit to the ordinances passed by Minneapolis and St. Paul in that it puts the pressure on primarily the plastic industry to either make their containers returnable, reusable, or recyclable even to the point of providing a repurchase of the items from recycling contractors for further use. I believe the message being sent through passage of this ordinance is a good message and that the City of Plymouth should consider passing a similar ordinance to be on the books which would go into effect at the same time as the Minneapolis and St. Paul ordinance. The main reason the Legislature is proposing the action to prohibit this is to avoid the confusion between cities in a given area. If all metro area cities pass similar legislation to be effective at the same date, a large portion of the reasons for the state action would be negated and an even more powerful message would be sent that packaging should be made recyclable if not biodegradable or reusable. I enclose a copy of the ordinance passed by the City of Minneapolis for your review and consideration. If you feel that the City Council would be receptive to passing such an ordinance, I will have the City Attorney review and make the necessary adjustments for the City of Plymouth. RJP:sm attachment cc: Fred G. Moore, Director of Public Works CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 18. 1989 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Director SUBJECT Project DARE I first became aware of the Drug Abuse Resistance Education (DARE) program when I was chairperson of the Narcotics Enforcement Coordinating Committee for the State of Minnesota. The DARE program deals with the demand side of the curve relative to drug abuse. Whereas, law enforcement has traditionally dealt with the supply side arresting dealers and users and confiscating drugs. I believe today that most law enforcement administrators are concerned about making some long term change and commitment in the battle against drug abuse in our society. The most promising program to come about in the past few years is DARE. DARE was started in 1983 in the City of Los Angeles in conjunction with the Los Angeles Unified School District. Since that recent beginning, it has been expanded to over 2400 law enforcement agencies throughout the country. including nearby departments such as New Hope, Crystal, and Minneapolis. The Bureau of Justice Assistance has underwritten the training for DARE instructors in four re4_ions in the United States. In an evaluation done by the National Institute of Justice, a sample of students who had completed the DARE curriculum shows: significantly less substance abuse, a sharp decrease in school vandalism and truancy, improved student work habits, a more positive attitude toward police, etc.. DARE has now been exported to such countries as New Zealand, Australia, and United States Department of Defense Schools throughout the world. Its growth has truly been phenomenal. The program is unique in that it is taught by unarmed, uniformed police officers to the 5th and 6th grades of the elementary schools. The program follows a carefully structured curriculum, focusing on topics such as personal safety, drug use and misuse, consequences of behavior, resisting peer pressure, building self-esteem, assertiveness training, etc.. The officers spend one hour each week in a classroom setting over a 17 -week period. The officer is involved for the entire day that s/he is assigned to this school. S/He drops into other classrooms of the younger grades and perhaps teaches a 20-25 minutes lesson plan, s/he spends time in the lunchroom eating with the students, and is very visible during recess time. Darrel Anderson, who is assigned to our Community Relations program, has received inquiries from the public about DARE. In addition, Darrel attended a meeting where DARE was explained in detail. He has since submitted to me a proposal to implement DARE in the City of Plymouth. 1 James G. Willis Pro iect DARE April 18. 1989 Page Two The reason for this memo is to share with you some of the steps that I have taken to determine if the school districts that have elementary schools in Plymouth would be interested in participating in the DARE program. I have contacted by phone Linda Powell, Acting Superintendent #281, and David Landswerk, Superintendent #284. Ms. Powell stated that she supported the program and would like to see it expanded in Plymouth (the program is currently being taught. in District #281 in New Hope and Crystal). Mr. Landswerk stated that Gary Swedbera, the Chemical Awareness Counselor for District #284, would have to approve of the program. Darrel Anderson and I met with Gary Swedberg on April 10th. Mr. Swedberg was familiar with the program and stressed an interest in having the Wayzata elementary schools participate. Mr. Swedberg indicated that he would be on a sabbatical leave during the school year 1989-90: but, would do everything possible to lay any groundwork necessary to see that the program would get off on the right foot. It was decided that I should share some information on this topic with the Wayzata Chemical Coalitions Group. as well as hosting an informal meeting of principals. 5th or 6th grade staff. and representatives of parent -teacher organizations. In following up on these matters, Gary said that we would be placed on the agenda with the Wayzata area Chemical Coalition Group on Friday, April 21st, at 7:00 A.M.. As far as the principals and other persons mentioned, I have drafted a letter to be sent the same date as this memo, setting a meeting date of May 4, 1989, at the Parkers Lake Pavilion to discuss interest in the DARE program. If there is sufficient interest generated from the two meetings that I attend, I would propose budgeting for DARE in our 1990 police budget. I will be requesting two additional sworn officers in 1990. These two additional officers could backfill during the time of the year when our service load activity is normally_ down and the program is presented. In other words, if the program could be taught in all eight elementary schools during the time frame from January through the first week in May, we would be able to use the two additional officers to not only assist on the street during the instruction period, but also available for the heavy service load activity during the summer and fall. The police officer instructors would not be dedicated solely to DARE. It would be my intention that only two days out of their shift would they be involved in a school program. The rest of the time they would be assigned to street duties and at a time when it would be conducive to both service call load and facilitating_ the DARE program. James G. Willis Pro iect DARE April 18. 1989 Page Three I have enclosed with this memo a copy of As of this time, Wayzata School District principal. a letter that I sent to seven principals. has not named the 6th elementary school If there is any interest in the DARE program from the two meetings that I have listed, I will let you know as soon as possible. Ultimately, the approval of the City Council to participate is not only critical, but essential. At least the Council will be in a position to know the feelings of the other key participants prior to their final consideration. It is possible that individual principals would not care to expand their social policy programs at this time. If their school day is already crowded to the "max". I can understand. Even if the Council were to approve our police department participation, I do not believe the program should be implemented in any school that is not open to this new concept. The importance of coordination and cooperation cannot be overstated! RJC:gs Enclosure April 18, 1989 CITY OF PLYMOUTR Mr. Jim Libby, Principal Birchview Elementary School 425 Ranchview Lane Plymouth, Minnesota 55447 Subject: Formation of a Project DARE Advisory Group Dear Mr. Libby: I have scheduled a meeting for May 4, 1989 at the Parker's Lake Pavilion to present Project DARE to you, a member of your fifth or sixth grade staff, and a Parent-Teacher Organization representative. The meeting will start at 7:00 A.M. Rolls, juice, and coffee will be available. The meeting will end by 7:45. DARE is a program designed to provide young persons with social skills and to confront the issues of peer pressure by teaching resistance skills and self management. DARE has been successfully integrated into the schools by over 2400 Police departments throughout the country including nearby departments such as New Hope, Crystal, and Minneapolis. A member of the New Hope Department will be present to talk about their experience in the program. The target group for DARE education is the exit grade for elementary students. In Wayzata this would be sixth graders and for Robbinsdale, fifth graders. Please extend this invitation to a member of your staff who teaches at the exit grade level. This letter is going to all elementary schools within our ,jurisdic- tion which includes schools from Robbinsdale and Wayzata. It is my intention to seek funding outside of the school districts. Neverthe- less, it is essential that our effort be coordinated. A unique feature of DARE is the use of police officers as instructors. DARE is specially designed to supplement many of the social policy programs currently taught in the school settina. Your participation as well as that of a staff person and a PTO person at this meeting is extremely important. I will contact you by phone in the near future to answer any questions you may have and to get the names of the persons attend- ing. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Formation of a Project DARE Advisory Group April 18, 1989 Page Two I am excited about this program, delighted this important issue as a community, and am 4th. Sincerely, r Richard J. Carlquist Public Safety Director cc: Linda Powell, Superintendent #281 David Landswerk, Superintendent #284 Lorna Rohach, District #281 Gary Swedberg, District #284 James G. Willis, City Manager RJC•gs that we have an opportunity to address looking forward to seeing you on the 1.. ICX . Mr. Jim Libbv. Principal Birchview Elementary School 425 Ranchview Lane Plymouth, Minnesota 55447 Mr. Louis Benko. Principal Greenwood Elementary School 3635 State Highwav 101 North Plymouth, Minnesota 55446 Mr. Douglas O'Brien, Principal Oakwood Elementary School 17340 County Road 6 Plymouth, Minnesota 55447 Dr. Carol Bryant, Principal Sunset Hill Elementary School 13005 County Road 15 Plymouth, Minnesota 55441 Mr. Jack Weeks, Principal Widsten Elementary School 726 East Rice Street Wayzata, Minnesota 55391 Mr. Wayne Rau, Principal Pilorim Lane Elementary School 3725 Pilgrim Lane Plymouth, Minnesota 55441 Ms. Rhonda Smith, Principal Zachary Lane Elementary School 4350 Zachary Lane Plymouth, Minnesota 55442 Elmilding Perrnit Fees ------------------------------ ------------- ---��1--------------------- NAME I FEE SCHEDULE I Park I MWCC I Local I I 1 M1SC ITotals For I OF CITY I Home Value of I Dedication I SRC I SRC/WRC I Storrn I Engineering I Fee 1 Single 1 0125,000 1 Fees I Fees I Fees I Sewers I Review '1 Charges I Family 1 ------------------------'---------------------------------------- I------------' Apple Valleyl $727 permit 110Y. of land I I $4,20 water i I 1 I I 1985 1 $472 reviewfor of land I I $220 sewer 1 1 12 Y. of '.]Arterial I 1 I Ivalue at 1 5575 1 1 1 project cost ]Street Charge 1 $3374+ r Pop. 21,818 I $1199 total 1$15,000/acre I 15640 total I 1 1 $360 1 I ---------------------------------------------------------------------------------------------------------------------------------1 Brooklyn 1 0727 permit 110% of land 1 1 $500 water 1$10.5 permit 1 ]Sewer I I Park 1 $472 review for assessed 1 $575 1 land 1 (Service ($2919 1 1985 1 Iland value or I I linspection 1 ]Charge I Pop. 43,332 1 $1199 total I$500/unit SF 1 I Icharge 1 - 10135 1 ----------------------------------------------------------------------------------------------------------------------------------.. Burnsville 1 $727 permit I I I I I 1 I 1985 1 $472 review IFovmula used 1 1 $660 water I I I .1 1 1 110 acres per 1 $575 1 $165 sewer I I 1 ' 1 $2599+ 1 Pop. 35,674 1 $1199 total 11000 people I 1 $825 total I ------------I--------------1- I----_------ 1 ------------------------------------------------------------------------- -------------- Chanhassen I 0727 permit 10500/unit SF 1 1 $10.5 water 1 I I I I 1985 1 $472 review 10350/unit Apt I $575 [$10.5 sewer I I I $2573 1 1 1$167 trails SFI 1 $75 surchargel I 1 I I Pop. 6359 1 $1199 total 1$167trail Rpt 1 1 $96 total I i I 1 l ------------I----------------I--------------1-------------I--------------I-------------I--------------I-------------'--1------------I Coon Rapids 1 $727 permit I I I I I 1 I 1985 1 $472 review 10384/unit SF 1 $660 1 $600 sewer I I 1 1 $2843 I I I I I I I I I Pop. 35,826 1 $1199 total I I I I I I I ' ------------------------------------------------------------------------------------------------------------------------------- l Cottage 1 $495 permit 1$275/unit Avg.l 1 0520 water I I I 1 Grove 1 $322 review (Varies by 1 0390 1 $190 sewer I I 1 I $2192 1982 1 1 1 1 I 1 1 1 1 Pop. 18,934 1 $817 total ISubdivision 1 1 $710 total I 1 1 I I ----------------------------------------------------------------------------------------------------------------------------------- Eagan 1 $727 permit 1 1 1 $780 water I I (Road unit fee 1 i 1985 1 $364 review I$525/unit SF 1 $575 1 $210 sewer I 1 1$340/unit Res 1 $3749 1 1 1 1 1 1 1 ITreat. Plant I 1 Pop. 20,700 1 $1091 total I 1 1 $990 total I---------------------------IFee $228-----I------------r -------------------------------------------------------------------------- ------ Eden Prairiel %727 permit 10700/unit SF 1 1 $440 water. I I I I I' 1985 1 $472 review 1 1 $575 1 5335 sewer I I 1 1 $3249 1. I 1 I I I I I I I Pop. 16,263 1 $1199 total I 1 1 $775 total I I I 1 ------------I ------------ I------------ I------------ I ----------- 1------------ I ------------ ----------------------------I- Lakeville' 1 $727 permit I$700/unit SF 1 1 $870 water 18.8 cents perl $150/acre forlSanitary sewer) M 1985 1 $472 review 1$2500/unit 1 $575 1 $605 sewer Isquare foot 1 prelim. and Itrunk charge I $ 4 9 1 9+ I 1 1 1 I I I I r t Pop. 14,790 I $1199 total 1 comm/ind 1 1 $1425 total [Single family) final plat 10500/acre I -------------------------- I------------- I -------------I -------------I-------------I-----------------------------------------r Maple Grove 1 I I 1 I I I I 1 1985 1 $727 permit 1$518/unit SF 1 1 $1425 water I I I I I 1 $472 review 1 1 $575 1 6120 sewer I I 1 1 $3908 1 Pop. 20,525 1 $1199 total I 1 1 $1615 total I I I I ---i ------------------------------------------ Maplewood 1 $727 permit 1$326/unit Sf 1 1 $150 water 110-15 cents I I I 1985 1 $472 review 1 1 $575 1 ]per square I 1 1 $2520 1' I I I I I I I 1 I Pop. 26,990 1 $1199 total I I I Ifoot. I I I ----- I------------- I ------------- I --t-------------I-----------------------------------------t Oakdale 1 $495 permit. 1$400/unit SF 1 1 $500 water 1$30 clean up 1 $1000 depositl, I 1982 1 $322 review 1 1 $575 1 $400 sewer- I fee 1 against the 1 1 $3722 I 1 1 1 1 1 1 1 1 1 Pop. 12,123 1 $817 total I 1 1 $900 total I I engineers feet I ---- ---------------- I--`---------- I-------------I-------------I-------------I Plymouth $727 permit 108"5/unit SF 1 1 $550 water I 1 11 S`1 1 1 1985 $472 review 1 1 $575 1 $320 sewer I I I 1 $3469 1 I I I I I I I 1 1 Pop. 31,615 $1199 total I 1 1 $870 total t I I I ---------- ---------------- I------------- I ------------- I -------------1-------------I ------------------------------------------ Prior a e 1 s7^c7 permit I 1 1 $350 water I I I I 1 1985 I 6472 review 16200/unit SF 1 0575 1 $700 sewer 1 1 1 1 $3024 I I I I I I 1 1 I i Pop. 7289 1 $1199 total 1 1 1 $1050 total I I I 1 I -------- --------------------- I -------------- I ------------- I -------------- I ------------- I--------------I--------------I------------I Savage 1 $727 permit 1$325/unit SF 1 1 $891 water 110.5 cents I I I 1 1985 1 $472 review I or 1 $575 1 $515 sewer ]Per square 1 t 1 $3867 i 1 110% land valuel 10100 deposit Ifoot/unit I t I 1 Pep. 3954 1 $1199 total I 1 1 $1506 total Isingle familyl I I I -I--------------I ------ I------------1 Shoreview 1 $727 permit 13-5% of total 1 1 $275 water lapplies only I I I I 1385 1 $472 review Iland value 1 $575 1 $275 sewer Iwhen a largerl 1 1 $2324+ 1 I I I I I I I I I Pop. 17,300 1 $1199 total I 1 1 $550 total (pond needed III ---- I -------------------------------------J -,------- --------------- -------------- ------- ------------ Spring Lake 1 $727 permit I$200/unit 1 1 $5J 00 water I$IO.5 1 ISewer service I Park 1 $472 review ler 5 % 1 $575 1 lincludes I Icharge 1 $2619 I 1985 1 1 1 1 ]permit and I 1$135 1 r Pop. 6477 1 $1199 total I I I linspection I I I CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 29, 1989 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners Michael Stulberg, John Wire, Larry Marofsky, Dennis Zylla and Joy Tierney. MEMBERS ABSENT: Commissioner Hal Pierce STAFF PRESENT: Community Development Director Blair Tremere, Community Development Coordinator Chuck Dillerud, Associate Planner Al Cottingham and Planning Secretary Jackie Watson. MOTION by Commissioner Stulberg, seconded by Commissioner Marofsky, to approve the Minutes for March 15, 1989, as submitted. Chairman Plufka introduced the request for a Final RPUD Site Plan/Final Plat for Boulder Ridge. Coordinator Dillerud gave a short overview of the petition to the Commission. He noted that the Corps of Engineers has approved wetland encroachments per the site plan. Commissioner Marofsky questioned the location of the monument signs. Coordinator Dillerud referred the Commissioners to the revised Site Plan where the monuments are located in the proper place . He noted that the sign renderings were not acurate in showing sign location in the median. Commissioner Marofsky asked if there would be two monument signs. M k kC%.' MOTION TO APPROVE BOULDER RIDGE - FINAL RPUD SITE PLAN/FINAL PLAT (88112) - Planning Commission Minutes 1 March 29, 1989 Page 15 Coordinator Dillerud said there would be one at each entrance. This condition is also listed in the Development Contract. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the RPUD Final Plan/Plat subject to the 15 conditions listed. VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Director Tremere stated that the March 28, 1989, Memo on the Review of Proposed Amendments and Their Comparison with Regards to the Locational Criteria contained Staff Comments after each area. Director Tremere stated that the Goals, Objectives and Criteria will be ready for the April 26, 1989, hearing along with the Land Use Guide Plan. He said he would try to have a copy for the Commission to review at the next meeting. Associate Planner Al Cottingham reviewed of the Land Use Guide Plan changes that had been suggested by the Planning Commission. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - AREA Tierney to remove the remnant of LA3 from Area #3 and make #3 the entire area LA2. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE - AREA Stulberg to change the Development Location Criteria to #6 read: "Suggested for all areas with appropriate transitions from major collectors or arterials." VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE - LAN) Stulberg to recommend change of the Land Use Guide Plan text USE GUIDE PLAN TEXT locational criteria for LA1 to read: "Lower densities 'desired' on the interior and higher densities will be allowed on the periphery of walking neighborhoods." The word "required" should be changed to "desired." VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - AREA Tierney to go with the staff recommendation on Area #35 to #35 change the LAR classification to Public Semi Public for an anticipated Community play field. Commissioner Marofsky stated that he opposed this idea at the present time because the Commission had not yet discussed the LAR area and that it was not appropriate to look at this area at this time. Planning Commission Minutes March 29, 1989 Page 76 Director Tremere discussed the request of the Director of Parks and Recreation that Area #35 be guided Public Semi Public land that is privately owned. He noted that the actual area is smaller than shown on the graphic. MOTION by Chairman Plufka, seconded by Commissioner Marofsky MOTION TO TABLE - AREA that the guiding of Area #35 be tabled pending future #35 discussion of LAR guiding. Roll Call Vote. 4 Ayes, Commissioners Wire and Stulberg, VOTE - MOTION CARRIED Nay. MOTION carried. MOTION by Commissioner Wire, seconded by Chairman Plufka to MOTION TO APPROVE - AREA increase the size of Area 9 from five acres to 10 acres to #9 allow more room for a buffer. Coordinator Dillerud stated that input received from members of the Developers Council also suggested increasing the five acre size stating that more area was needed so that there was room for competing businesses within a neighborhood shopping site. Roll Call Vote. 4 Ayes, Commissioners Marofsky and VOTE - MOTION CARRIED Stulberg, Nay. MOTION carried. MOTION by Chairman Plufka, seconded by Commissioner Zylla MOTION TO APPROVE - AREA "to consider reguiding the area between Area #8 and Area #10 #8 AND AREA #10 as LA -2, except the site of Fernbrooke Manor." Roll Call Vote. 5 Ayes, Commissioner Stulberg, Nay. VOTE - MOTION CARRIED A 5 Minute recess was called. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - AREA Tierney to increase the size of Area #12 from 5 acres to 10 #12 acres. Roll Call Vote. 3 Ayes, Commissioner Marofsky, Stulberg and VOTE - MOTION FAILED Chairman Plufka, Nay. MOTION failed. MOTION by Commissioner Tierney, seconded by Commissioner MOTION TO APPROVE - AREA Wire to amend Area #13 to remain guided LA2. #13 Commissioner Marofsky stated that almost all land meets LA2 criteria. LA3 has more criteria that must be met. He suggested that LA3 criteria be changed. Roll Call Vote. 3 Ayes, Commissioners Marofsky, Stulberg VOTE - MOTION FAILED and Chairman Plufka, Nay. MOTION failed. Director Tremere stated that good land use guiding does not follow property lines but uses the natural topography. Planning Commission Minutes March 29, 1989 Page 77 MOTION by Commissioner Marofsky, seconded by Commissioner Zylla that Area #14 remain LA2, as now guided, and that the small piece of land on the west to the MUSA line also be included in the LA2. Roll Call Vote. 5 Ayes, Commissioner Wire, Nay. MOTION carried. Commissioners Stulberg and Wire both stated for the record that they voted for the change to IP in Area #15 but did not do it as a trade off for other IP guiding that may be "lost," given other changes. MOTION by Chairman Plufka to leave Area #18 as commercial with a 5 acre parcel for CN. MOTION FAILED for Lack of a Second. MOTION by Commissioner Wire, seconded by Commissioner Marofsky to change the definition of LAR (Living Area Rural) to include "Areas not serviced and, inside the MUSA, areas not otherwise designated." VOTE. 6 Ayes. MOTION carried. MOTION by Commissioner Marofsky, seconded by Commissioner Stulberg to include all the land above the Soo Line tracks in the LAR classification in Areas #20 and 31. Roll Call Vote. 6 Ayes. MOTION carried. , MOTION by Commissioner Wire to change the Land Use Guide classification in Area #21 to IP. MOTION died for Lack of a Second. Chairman Plufka suggested that Areas #22, 26, and 28 be considered together. a -k \0. MOTION TO APPROVE - AREA #14 VOTE - MOTION CARRIED MOTION TO APPROVE - AREA #18 MOTION FAILED FOR LACK OF A SECOND MOTION TO APPROVE LAND USE GUIDE PLAN TEXT - LAR DEFINITION VOTE - MOTION CARRIED MOTION TO APPROVE - AREAS #20 and #31 VOTE - MOTION CARRIED MOTION TO APPROVE - AREA #21 MOTION DIED FOR LACK OF A SECOND MOTION by Commissioner Marofsky, seconded by Chairman Plufka MOTION TO APPROVE - to make all of Area #22 LA2, including the area south which AREAS #22, 26 AND 28 includes the western portion of area #26. Change the eastern part of Area #26 and Area #28 to CL, including the small portion of Area 28 west of the west line of Area #26 and south of the south line of Section 17. Roll Call Vote. 5 Ayes, Commissioner Stulberg, Nay. MOTION VOTE - MOTION CARRIED carried. Planning Commission Minutes March 29, 1989 Page 78 MOTION by Commissioner Tierney, seconded by Commissioner MOTION TO APPROVE - AREA Wire to change Area #27 to CS/CN. #27 MOTION to Amend Main Motion by Commissioner Marofsky, MOTION TO APPROVE seconded by Chairman Plufka to increase the size of the CN from 5 acres to 10 acres. Roll Call Vote. 4 Ayes, Commissioners Wire and Tierney, VOTE - MOTION TO APPROVE Nay. MOTION TO APPROVE carried. MOTION CARRIED Roll Call Vote on MAIN MOTION AS AMENDED. 3 Ayes, VOTE - MOTION FAILED Commissioners Marofsky, Stulberg and Chairman Plufka, Nay. MOTION failed. MOTION by Chairman Plufka, seconded by Commissioner Stulberg MOTION TO APPROVE- AREA to reduce Area #30 from 15 acres parcel to 10 acres. #30 Roll Call Vote. 1 Aye, Commissioners Wire, Zylla, Tierney, VOTE - MOTION FAILED Stulberg, and Marofsky, Nay. MOTION failed. MOTION by Commissioner Wire, seconded by Commissioner MOTION - AREA #32 Tierney to increase the CN parcel size of AREA #32 to 10 acres. Roll Call Vote. 3 Ayes, Commissioners Marofsky, Stulberg VOTE - MOTION FAILED and Chairman Plufka, Nay. MOTION failed for Lack of a Majority. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - AREA Stulberg to have Area #33 remain as Public Semi Public. #33 Roll Call Vote. 4 Ayes, Commissioner Marofsky and Chairman VOTE - MOTION CARRIED Plufka, Nay. MOTION carried. Chairman Plufka stated that he did not feel "Public Semi Public" guiding was fair when applied to land that is privately owned. MOTION by Commissioner Wire, seconded by Commissioner Zylla MOTION TO APPROVE - AREA to leave Area # 34 as Public Semi Public. #34 Roll Call Vote. 2 Ayes, Commissioners Tierney, Marofsky, VOTE - MOTION FAILED Stulberg and Chairman Plufka, Nay. MOTION failed. Commissioner Zylla stated that there was too much LA2 area, and he would like to see more LAI between Areas 23 and 33 and between Areas 4 and 5. He would also like to see some LAI guiding east of I-494. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE - AREA Wire to reguide area in Area #4 to LA1. #4 tko- Planning Commission Minutes March 29, 1989 Page 79 Roll Call Vote. 2 Ayes, Commissioners Tierney, Marofsky, VOTE - MOTION FAILED Stulberg and Chairman Plufka, Nay. MOTION failed. MOTION by Commissioner Zylla, seconded by Commissioner Wire MOTION TO APPROVE - AREA to change the guiding in Area #5 to LAI. #5 Roll Call Vote. 2 Ayes, Commissioners Tierney, Marofsky, VOTE - MOTION FAILED Stulberg and Chairman Plufka, Nay. MOTION failed. MOTION by Commissioner Zylla, seconded by Commissioner Wire MOTION TO APPROVE - to change the guiding in Areas # 21, 23 and 27 to LAI. AREAS #21, 23 AND 27 Roll Call Vote. 4 Ayes, Commissioners Marofsky and VOTE - MOTION CARRIED Stulberg, Nay. MOTION carried. Chairman Plufka appointed Commissioner Zylla as a liaison to the Parks and Recreation Advisory Committee. Discussion followed on the procedures for the Public Hearing tentatively scheduled for April 26, 1989 on the changes in the Land Use Guide Plan and Goals, Objectives and Criteria. Meeting adjourned at 10:45 p.m. =_kk\0. Minutes of the Park and Recreation Advisory Commission Meeting April 13, 1989 Page 13 Present: Chair Edwards, Commissioners Anderson, Freels, Beach, Rosen, Hanson, LaTour; staff Blank, Patterson and Pederson; Planning Commissioner Zylla Absent: 1. CALL TO ORDER Chair Edwards called the April meeting to order at 7:35 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Commissioner Beach and seconded by Commissioner LaTour to approve the minutes of the March meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present at this meeting. b. Staff. Mary Patterson stated that the May -June issue of Plymouth on Parade will be delivered to the post office April 17 and should be in the homes by the end of that week. She said that a new summer program called Discovery Day Camp is being offered to help fill the need created by District 281's decision to not have summer school. Fliers advertising this program have gone to all the schools that Plymouth children attend. The day camp is organized into weekly sessions with each week having a different theme. So far, the most popular week is the last one, called Disney Week, with a trip to Valleyfair. She stated that all softball leagues were filled with the exception of one, which has only one spot remaining. She reminded commissioners of the Ethnic Dance Theatre performance at Wayzata High School, Saturday, April 22. Mary announced that a wedding is scheduled at the Parkers Lake Pavilion Friday, April 14. The couple had their first date in the park about a year ago. C. Others. See item 5a. 4. REPORT ON PAST COUNCIL ACTION a. The City Council approved a budget for the community center building and a basic building program. They also directed the architect to include plans for a teen center. Z Wo April 1989 PRAC Minutes Page 14 5. UNFINISHED BUSINESS a. Mooney Lake Plat - Lundgren Bros. Homes. Director Blank began the discussion on this item by indicating that the plat proposed by Lundgren Bros. for the Reiser property has not yet been presented to the Planning Commission. The purpose of PRAC's review is to address the issue of whether or not there should be public land included in this plat. Mike Pflaum, representing Lundgren Bros., then addressed the Commission and the audience by stating the reasons Lundgren Bros. wants the same piece of property for a home site that the City wants for park. He indicated that the site is a very large, lakeshore site, with many trees. It's private and scenic, and thus, is very valuable to Lundgren Bros. He further stated that the neighborhoods adjacent to this property are already well endowed with parks and that the City's Comprehensive Plan does not propose a park on this property. He further indicated that Imperial Hills park, which is nine acres in size, is only one-half mile away, and their residents will have trail access to the lake. Also, Green Oaks Park is adjacent to this plat. Holy Name Lake on County Road 24 has a public canoe access and parking, and is no farther away from the majority of Greentree West residents than is Mooney Lake. He argued further that this park would be pretty isolated and would get little use since it is on the western boundary of the City and is accessible only by pedestrians. He also indicated his displeasure with the 38% increase in park dedication fees, and that it was increased only to fund the purchases which have been scheduled in accordance with the Comprehensive Plan. He stated if Lundgren Bros. is allowed to keep this lot for a homesite, they will construct at their expense a large wooden observation deck for the residents to use. Following Mr. Pflaum's presentation, Chair Edwards opened the meeting for public comment. Sal Testa, 2305 Walnut Grove Lane, spoke in support of making the southeast corner of the development a public park. He has seen many residents walk to the lake to fish using this particular area as the access. Dave Volker, 2830 Brockton Lane, has known Mr. Reiser for a number of years, and Mr. Reiser informally granted access to the lake via his property for anyone who wanted to use it. Mr. Volker claims that the overlook proposed by Lundgren Bros. is too far away from the lake to be enjoyed by the residents. He estimates that the distance is 468 feet and one would need a telescope to see the lake. Donn Wassink, 2345 Walnut Grove Lane, supports the recommendation to make a portion of the Lundgren Bros. plat public land. Paul Wirtz, 2325 Walnut Grove Lane, supports the idea of a public park area but wants to make sure it's not going to be similar to the park at Parkers Lake. April 1989 PRAC Minutes Page 15 Peggy Cost, 1875 Troy Lane, is concerned that the City may not understand what "kind" of lake Mooney Lake is. She stated that it is very muddy on the bottom and has lots of snapping turtles that wander into people's backyards. It is not a swimming lake. She also said that she didn't want to see big boats racing around on it and wondered if there was some way to regulate that. Director Blank stated that there is a five horsepower motor limitation on this lake. Mrs. Cost was surprised to hear this, and stated that last summer there were jet skis being used on the lake. She asked if some sort of notice could be put in Plymouth on Parade to remind homeowners that there is a horsepower limitation in effect. Director Blank suggested that the homeowner association should contact all residents on the lake regarding the horsepower limitation as a first step in enforcing this policy. Doris Bullard, 2025 Xanthus Lane, stated that when they purchased their home, she felt like they had moved to paradise. She described the area as a bird and wildlife sanctuary, which is very beautiful and quiet. She supports keeping some of the Reiser property as a public park rather than letting Lundgren Bros. develop it as a home site. Doug Miller, 18730 27th Avenue, also supports public park and thinks it would be nice to tie it into the trail system proposed for the east side of the Lundgren plat. Following the residents' comments, Chair Edwards asked the commissioners for their thoughts on this issue. Commissioner Hanson said that she supported some type of public access for those people who would not otherwise have access. She felt that the 10% park dediction required of Lundgren should all be in the form of land rather than cash. Commissioner Freels supported the idea of bringing the trail down to the water's edge and creating some type of public area where people could sit down on benches, sightsee and fish. Commissioner Anderson feels that building a home on the southeast corner of the Lundgren plat would destroy any natural habitat that exists there, and he feels it is important to preserve as much of this area as possible. Commissioners Edwards, LaTour and Rosen also agree that the public has rights to lake use, and that if Lundgren Bros. were to build a home on the southeast corner of the Reiser property, those rights would be severely limited. A motion was made by Commissioner Hanson and seconded by Commissioner Freels to encourage the City Council to require that the 10% park dedication from Lundgren Bros. be in the form of land in order to provide public access to Mooney Lake for the purpose of canoeing and fishing, etc. A motion to amend the motion was made by Commissioner Beach to include that the City should retain as much natural area as possible. April 1989 PRAC Minutes Page 16 Commissioner Freels then withdrew his second of the motion made by Commissioner Hanson and amended the main motion to preserve as much of the southeast corner of the Lundgren plat as possible as authorized by park dedication. Commissioner Anderson seconded Commissioner Freels' amendment. After further discussion, all amendments and the main motion were withdrawn. A MOTION WAS MADE BY COMMISSIONER HANSON AND SECONDED BY COMMISSIONER ROSEN TO ACQUIRE A NATURAL PRESERVE AREA IN THE SOUTHEAST CORNER OF THE REISER PROPERTY ON MOONEY LAKE, WHICH WILL GIVE THE PUBLIC LAKE RIGHTS WITH THE SAME REGULATIONS AS THE HOMEOWNERS ON THE LAKE. THE MOTION CARRIED WITH ALL AYES. A MOTION WAS MADE BY COMMISSIONER FREELS AND SECONDED BY COMMISSIONER BEACH THAT THE PRESERVATION OF THIS PARK LAND SHOULD BE MADE WITH AS MINIMAL DISTURBANCE AS POSSIBLE TO THE LAKE. THE MOTION CARRIED WITH ALL AYES. b. Comprehensive Plan Update. There are only two park issues being considered in updating the comprehensive plan, therefore, Director Blank said that the Planning Commission would be the only group holding public meetings on this issue. He will continue to meet with Blair Tremere to provide input on those two issues which includes keeping the area of County Road 9 and Vicksburg Lane guided as public, semi-public; and changing the guiding of Mud Lake from residential to public, semi-public. Planning Commissioner Zylla spoke briefly about the numerous meetings the Planning Commission has held over the past three months regarding updating the comprehensive plan. He indicated that there has been a lot of "down" guiding from LA3 to LA2 and LA1. He said that they are changing some residential guiding to industrial and vice versa. He stated they spent a lot of time on the area west of Vicksburg. He believes that the last meeting they will have prior to the public hearings will be Tuesday, April 18. C. West Medicine Lake Drive Trail Update. This item has been turned over to the Engineering Department. Director Blank indicated that there are seven houses with driveway access to the area that is now proposed for trail. Strgar-Roscoe is still in the process of preparing their report. d. Plymouth Creek Parking Lot Update. Bids were opened Tuesday, April 11. Low bid was $67,839. The awarding of the contract is on the City Council agenda for Monday, April 17. Director Blank is still planning on the parking lot being finished by June 1. e. Community Center Update. Five resolutions were recently passed by the Council regarding the community center. One of those was for negotiating a contract with a construction manager. A contract has not been signed yet with the architect, and the City Manager is in the process of negotiating with them. Ron Rinker of Barker, Rinker and April 1989 PRAC Minutes Page 17 Seacat (working with the firm of BWBR), was in Plymouth last week and met with a group of senior citizens regarding what they'd like to have included in the community center. The Council has also told the architect to include plans for a teen center. Eric indicated that he is in the process of developing an estimated operating budget for the community center. This information will go to the Council about May 15. f. Report on Recreation Survey. Mary reported briefly on the recreation survey results. Three hundred seventy-seven questionnaires were sent to a random sampling of Plymouth residents. Two hundred thirty-two were returned for a 62% return. Of those, 31% participated in recreation programs in 1988, and 90% of the participants were satisfied with their experiences. Ninety percent also said they would recommend our programs to others. One item Mary found somewhat disturbing is that 24% thought registering for our programs was a minor or serious problem, but only 37% said they would like to register by phone and charge the classes to their major credit card. Not too surprising was the fact that about 32% of the adults responding said their best time to attend classes was between 6 and 8 p.m. On the other hand, it was somewhat surprising to learn that about 34% of the adults want programming on weekends during the summer. The most requested indoor facilities are: Wayzata High School, Armstrong High School and Parkers Lake Pavilion. Outdoor facilities included Zachary Playfield, Plymouth Creek Playfield and Plymouth Middle School. Adults requested more programming in the areas of fitness and one time special events. Forty-nine percent of those responding to the survey have children attending school in the Wayzata School District. Mary stated that she would do a written report on these and other results for distribution at a future meeting. 6. NEW BUSINESS a. New Plats. Director Blank announced that the plat for Swan Lake has been submitted. Eric feels that the plat has a substandard park plan, but PRAC will be given an opportunity to review it before any final decisions are made. b. Date for Annual Park Tour. May 17 was chosen for the date of the annual park tour. The bus will leave Plymouth City Center at 5:15 p.m. Invitations will be extended to the Planning Commission and the City Council. C. Kilmer Park Playground. Director Blank indicated he has a budget of $20,000 for the improvements at Kilmer Park. Of that, $8,000 will be needed for pea gravel, leaving $12,000 for the new equipment. Half of those responding to the questionnaire requested leaving the basketball hoop at eight feet. PRAC recommended raising it to 10 feet, however, because they feel more injuries could take place by leaving it at eight feet. Director Blank stated that he is proposing to talk to several different playground designers to see what each might offer for $12,000, and choosing the one who offers the most for that price. April 1989 PRAC Minutes Page 18 ` ` v A MOTION WAS MADE BY CHAIR EDWARDS AND SECONDED BY COMMISSIONER ANDERSON DIRECTING STAFF TO CHOOSE THE PLAYGROUND EQUIPMENT FOR KILMER NEIGHBORHOOD PARK. THE MOTION CARRIED WITH ALL AYES. 7. COMMISSION PRESENTATION None. 8. STAFF COMMUNICATION Director Blank indicated that he had spoken with Bob Wicklund at Hennepin Parks regarding the playground surface issue. Mr. Wicklund has been in touch with the Consumer Products Safety Bureau, and they indicated that they have received two studies with different opinions on the use of pea gravel. The only recommendation they are making at this time is against the use of concrete, asphalt or packed soil. Sometime in 1990, the CPSB will do their own research on the use of pea gravel, and Director Blank indicated he will wait until the results of that report are available before making any decisions on this issue. 9. ADJOURNMENT The meeting adjourned at 10:40 p.m. r t CITY OF April 11, 1989 PLYMOUTR Dorothy Ciokovsky 14316 Carlson Parkway Plymouth, Minnesota 55447 Subject: Response to Question Raised at Town Meeting April 10, 1989 Dear Mrs. Ciokovsky: Thank you for taking the time to attend the Town Meeting. I have a response to your question; but I am not sure if it will work! You have a concern that the Hans Hagen Development Corporation has mistakenly claimed 5 feet of your property. In checking with an attorney, you determined that the cost to pursue this matter in the form of a lawsuit would be cost prohibitive. Therefore, I believe that you may be able to utilize the services of West Suburban Mediation Center. The purpose of mediation is to bring two parties together and to jointly resolve problems with solutions that are mutually acceptable to both parties. The key here is that both parties of a dispute would have to agree to cooperate in having their positions heard by neutral mediators. You would have to contact the Hans Hagen Company to determine if they would be agreeable to resolving differences in this manner. The phone number at the center is 933-0005. Please contact them for further information and assistance. It is quite likely that your dispute could ultimately only be handled in a legal manner. In that case, the assistance of an attorney is inevitable. Again, thank you for taking the time to attend our Town Meeting. Sincerely, 9Richard J. Ca quest Public Safety irector cc: James C. Willis, City Manager RJC:kb 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF April 14, 1989 PLYMOUTH+ Mr. Dick Bogen 2115 Xanthus Lane Plymouth, MN 55447 Dear Mr. Bogen: Thank you for attending the Town Meeting Monday night. You asked that we notify you when the official Public Hearing had been scheduled for the Preliminary Plat of the Reiser Property on the north side of Mooney Lake. That hearing has been scheduled for Wednesday, April 26, 1989, before the Planning Commission. The meeting begins at 7:30 p.m. in the Plymouth City Center Council Chambers which is the same room where the Town Meeting was held. The Planning Commission will be considering the Preliminary Plat to determine if it is responsive to the City Subdivision Code and other regulations that govern the division of property. The Planning Commission will develop a recommendation for the City Council. The Planning Commission is not charged with evaluating the application for a permit to do work in the public waters of Mooney Lake which Lundgren Brothers has submitted to the Department of Natural Resources. The proposed Preliminary Plat information does include data submitted to the State for that permit and, thus, the Planning Commission may consider it as part of the platting proposal. The Planning Commission's analysis and recommendation as well as the analysis and recommendations by the City staff are in terms of the City Code Standards for plats and development in the City. Therefore, while public commentary on the work in Mooney Lake may be based on the same concerns relevant to the DNR Permit Application, the presentation to the Planning Commission should not be viewed as communication with the Department of Natural Resources. The plans and information submitted to the City may be reviewed at the Plymouth City Center from 8:00 a.m. to 4:30 p.m. Monday through Friday, except for holidays. Official notice of the Public Hearing was published in the legal newspaper as required by State Law and City Ordinance and a mailed notice was sent to property owners within 100 feet of the subject property which is in accordance with the City practice for Preliminary Plats such as this. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Page Two Thank you for your inquiry at the Town Meeting. Please call me or Community Development Coordinator Chuck Dillerud at 559-2800 if you have further questions regarding this. Sincerely Blair Tremere Community Development Director cc: Assistant City Manager Frank Boyles Community Development Coordinator Chuck Dillerud File (pl/bt/89005:jw) REISER PRELIMINARY PLAT APPLICATION LABELS (89005) James Jestus 18805 27th Avenue North Plymouth, MN 55447 Dick Bogen 2115 Xanthus Lane Plymouth, MN 55447 Gerald Freeman 1510 First Bank Place West 120 South Sixth Street Minneapolis, MN 55402 David & Peggy Cost 1875 North Troy Lane Plymouth, MN 55447 Emily Anne Staples 1640 Xanthus Lane Plymouth, MN 55447 Marilyn Miller 2005 Xanthus Lane Plymouth, MN 55447 Douglas G. Miller 18730 27th Avenue North Plymouth, MN 55447 Dr. & Mrs. D. Nicoloff 1492 Hunter Drive Wayzata, MN 55391 (forms: labels.reiser) Mark Doepke 2015 Xanthus Lane Plymouth, MN 55447 Mr. & Mrs. Manny Villafana P.O. Box 41946 Plymouth, MN 55441 Fred Retzloff 2700 Xanthus Lane Plymouth, MN 55447 a:-kQ_ f ; 6 ��. CITY OF April 17, 1989 PLYMOUTH+ Mr. Steve Bouma 15925 27th Avenue North Plymouth, Minnesota 55447 SUBJECT: TOWN MEETING FEEDBACK RESPONSE Dear Mr. Bouma: Your first question suggests that a seasonal enforcement group dedicated solely to enforcing the sprinkling restrictions would be cost effective. Last year was the first year that I can recall that we had to warn or fine a number of persons because of sprinkling ban restrictions. Hopefully, this year will not be as dry as last year and we can get by with the odd/even plan only. There was some confusion and frustration caused by implementing an additional restriction in the form of a watering ban between noon and 9:00 P.M. Rather than create an ad hoc "enforcement group," I would like to see what another year holds for us. With respect to your question on Neighborhood Watch, I am enclosing a pamphlet which will guide you step by step in forming such a group in your area. For follow-up questions concerning the Neighborhood Watch topic, please call Community Relations Officer Darrel Anderson at 559-2800, extension 368. Thank you for taking the time to attend the Town Meeting and especially for submitting questions for our feedback. Sincerely, Richard J. arlqu'st Public Safety Director CC: James G. Willis, City Manager Enclosure RJC:kb FLYi,,.J.�i�. �.F�h�.�S' T�'', 55/y_17. T-�FOhJi\E: (FJic') 550-26,il RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the town meeting agenda to which you would like the City to respond and/or investigate. If you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: l(.' �dFir��OG�G( �riY1ikli�r(� �� �Y,"C�c�✓lS u)�i(J� U U c Sho4c 1.)0yer c--- by krO Un (,UaD at` rnidn'5�--- 4' t `�� in 6rdeY 110 wok +- C lE� 1 fir° o-� 4iyre ih It..Q Y-rvj-A�oA)e /n d /,:5 li(i)1'AQS161rlolvle . � �•r,�as�s in r�.� ��e. Y���� is <!►�Q�iy�a �n�<>>�J �,,���'/-,;,�� `a- (( f'Lo�CIi7 6y & c��i`h u i h� .� 11 L° ) n , , SQ,rnE �iG ,CCN P ACTION YOU DESIRE THE CITY TO TAKE: �lmE Qd- %%d0 17=60 4t) \' M d OY 0-� \� � �,(Jl�"�G�►� ��c �5 Cry G iy� d i ✓iG� `�a `r�i � 7�o Y�ec1�. i��Ctl )'Zws haw in NAME OF CONCERNED RESIDENT: �IGtn15�°QT'S ADDRESS OF RESIDENT: 0�S5 PHONE NUMBER: qFl ��� •' `�' .ter. 1-.I, . ]7� /1'u L 1.3 CITY OF PLYMOUTH+ April 18, 1989 SUBJECT: 1989 STREET IMPROVEMEW PR13JECI'S Dear Hcu eowners Association President: With spring here, several construction projects on existing streets will be underway in Plymouth. We want you to be aware of them to minimize inconvenience to you and your haneowners association menbers. A map is shown on the reverse side. It identifies each project area. 1. Street Resurfacing - The area near Plymouth's west boundary between Brockton Lane and Highway 101, south of County Road 24 and north of 20th Avenue, will be resurfaced. Same areas of the old asphalt will be removed and the ground repaired as necessary. New asphalt will be put in place in these areas. All other streets in this area will receive an overlay of asphalt. 2. Street Sealcoating - The area from the east city boundary to I-494 and south of 36th Avenue and County Road 9 and north of 26th Avenue and Highway 55 will be sealcoated this summer. 3. Street Reconstruction - Crews will reconstruct the frontage road along Highway 169, between 8th Avenue and 13th Avenue. 4. Intersection - The area of South Shore Drive at its intersection with the new 10th Ave. N. will be reconstructed. 5. Freeway Interchange - The area of Co. Rd. 6, between Xenium Lane and Fernbrook Lane will continue the construction started in 1988. It will include a diamond interchange to the freeway. County Road 6 is also scheduled for widening and upgrading frau Fernbrook to Highway 101. I appreciate your help in getting this information out to residents. If you have questions about construction, call the City's Engineering Division at 559-2800 ext. 239. Sincerely, Helen LaFave CcmTtunications Coordinator 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 k r� INTERSTATE 'I--- � %4 ` Spring1989 ' J-94 Project to Affect k394 Commuters ,Hwy.''12JI-394 commuters using the :funnel take note: the ramp from eastbound Hwy. 12/1-394 to eastbound 1:9d will be closed starting April 24 due to' ihe='replacement of worn pavement on .94. 1 Traffic will be detoured onto' '_V_ Nayzata Blvd. to southbound Lyndale -k nue to the entrance on eastbound 1-94 ,until July 30. ;,-,.,The ramp from westbound 1-94 to west- ound Hwy. 12/1-394 also will be closed >from June 19 to the end of July while the bridge isbeing repaired.. Traffic will be loured onto northbound Lyndale Ave a `nut :,to,Hwy. 55 or later to Wayzata Blvd -Alfdetours wiN'besigned during the re- .constriction. The pavement replacement project on " mainline 1-94 and ramps between Hwy 1'2/1-394 and 1-35W will begin April 17 and will end in September. The $6.7 million project includes pavement re placement inside the Lowry Tunnel and repair on nine area bridges. 'y - Wore pavement 1 Continued on page 3 overlaying won't —surface., s..� em...e,.v. �r.� -JKe.s Fifth Street Gara e toQ P �;� u.l.. .y Y .:.i _ Cipmmuters on 1-394 soon will be able moving capacity of the highway without ` parking information). to take advantage of the new 5th Street adding more freeway lanes. Carpooling, , "We'd like to give a rate break to all Garage between. 2nd and 3rd Avenues with two or more peoples plus stepped �n carpools," said 1-394 Corridor Manager North, and 5th and 6th Streets in down- transit serytce +tJk�ach�' Allan Pint, "but the garage is"being built town Minneapolis. This innovative.ga- for whicltt �r""asesignec7 , Specifically to encourage those who drive rage will provide 1;600 downtown park- To.promc#earpoQl'{ngwhich is so�fitec" ;:F =-on Hwy. 12/I-394 to carpool." ing spaces and is expected to be open in ,_gral. to. the overaCJ.coi&pt of 1-394,"t6p Second priority.will be given'.to non- July.priority for parkingtte. garage will be carpooling users of I-394• third priority to TheSthStreet Garage isthe first ofthree given"tocarpoolsus��ng 394. 7hesecar- non -I-394: carpoolers, and fourth to all garages planned near downtown Min- poolersalsowill beabletorentaspace for other commuters. Hourly, evening, neapolis for 1-394 commuters. The ga- $10 per monthly contract. All other ga weekend, and special event parking will rages are an important element of the rage users, including carpoolsfrom other be available to the general public at entire 1-394 transportation system. This routes, will be charged $90 per monthly competitive rates . - system is designed to increase the people contract. (See boxed article inside for Construction Timetable PLYMOUTH RD. TO EAST OF RIDGEDALE DR.: Excavation and rebuilding of eastbound roadway will continue through the summer and fall. Ridgedale Dr. entrance and exit to and from westbound Hwy. 12/1394 will be closed May through September. Construction will begin this summer on Plymouth Rd. bridge. In the fall, westbound traffic will shift to newly constructed eastbound lanes so construction can begin on original westbound roadbed. Project to be com- pleted by fall 1991. COUNTY RD. 73: Reconstruction of Park and Ride lot from May through June. Temporary Park and Ride lot and express bus service will be available at Ridgedale. Construction of south half of County Rd. 73 interchange will begin this summer. HWY. 169 (OLD COUNTY RD. 18) & GEN- ERAL MILLS BLVD.: In July, traffic will be switched from bypasses to mainline 1-394 and to Hwy. 169. Interchange ramps and loops will be completed by November. Entire proj- ect to be completed in 1990. WINNETKA AVE. TO TURNER'S CROSS- ROAD: Work on frontage roads begins this Road Work Helps Soil Clean Up Few people would assume that the construction of an interstate freeway could be beneficial to a community's natural environment. The construc- tion of 1-394, however, is proving to have justsuch an effect. Mn/DOT has undertaken the task of removing and cleaning, petroleum -impacted soils and ground water along the Hwy. 12/ 1-394 corridor. According to Gary Thompson, 1- 394 construction engineer, Mn/DOT has identified at least seven sites along the corridor where leaking gas station tanks have impacted sur- rounding soils with petroleum prod- ucts. "When I was a kid," said Th- ompson, "it seemed as if there was a gas station on every corner." Infor- Continued on page 4 spring. By late fall, traffic will be diverted to bypasses and work will begin on mainline roadway. Completion ex- pected by fall 1991. HWY. 100 INTERCHANGE: Work will begin this fall. Project to be completed in 1993. 1•. llllf, �� `I MPLS. CITY LIMITS TO PENN AVE.: Work 1 '' �`•l .� r continues on eastbound roadway and front- age roads. Project to be competed in fall C�1 / 1990. r� < +� i PENN AVE. TO 1-94: Replacement of north half of railroad bridge just east of Penn Ave. to be completed this summer. Work on flyover and other bridges will continue until comple- tion in summer 1990. 4TH STREET GARAGE: Work expected to begin next year and to be completed in 1992. 5TH STREET GARAGE: The 1,600 -space garage is expected to open in July. 7TH STREET GARAGE: Work continues on the 3,000 -space garage. Completion expected in late 1991, with some spaces available in 1990. OTHER CONSTRUCTION: 1-94 to Washington Ave., main roadway and bridge construction to be com- pleted in 1992. 1-94 Project Continued from page 1 The primary concern for the project is the safety of both those behind the wheel and those in the work zones. The speed limit within the work zones will be cut to 30 m.p.h., and all trucks and buses will be prohibited from usingtheLowryTunnel. Policewillbe present (at least during rush hours) to provide emergency assistance and ensure compliance with safety provi- sions. The brunt of the work—actual pave- ment replacement—will occur be- tween May 1 and July 30. With 135,000 vehicles using that stretch of 1-94, daily congestion is expected during the three month period. By July 30, mainline 1-94 (including the Lowry Tunnel) will be restored to full capacity. To keep traffic moving, two lanes in each direction will remain open for traffic during periods of heavy use. Traffic, however, may be periodically restricted to one lane in each direction between 10 p.m. and 5 a.m. Tow trucks also will be on site to remove disabled vehicles. To keep the project on schedule, a special clause will reward contractors $12,000 per day for early completion, or penalize them $12,000 per day after July 30. In addition, contractors are expected to work at least twelve hours a day, six days a week. S 14 wsz-aa ro WB ~Y alx--"4 CLOSED FROM M/O ✓UNE 70 LATE JULY. 12 7b E61-Q� CLOSED � BAS/L/GA fRON4 APRIL 24 7t7 JULY 30. G�//YW77T?E ....... W I ... • LOWR_Y AVZ_1_ TLNNEL WA4- 99R ART CCNTEAL y 94 � a � Two New Projects Underway in '89 Two projects that promise to dominate the 1-394 construction scene for some time to come will be getting underway in 1989. This year, bypasses are being built within the Winnetka Avenue to Turner's Crossroad stretch to handle traffic during mainline construction this winter and next year. Completion of this project is expected by fall of 1991. Work is scheduled to begin this fall at the Hwy. 100 interchange. The project will be completed in early 1993. AI- leady, the complexity of the job has posed a challenge to engineers and de- signers. "Even so, we're committed to maintain- ing two lanes of traffic in each direction and good access to area businesses," said Allan Pint, 1-394 Corridor Manager. Due to unanticipated problems with area swampland, the design and complexity of constructing bypasses has caused a delay. Reversing the old over/underpass also poses a problem. Where Hwy. 12 pres- ently crosses over Hwy. 100, 1-394 will pass under Hwy. 100 after construction is completed. Another difficult aspect of the proj- ect will be the buildingof High Occu- pancy Vehicle (HOV) access ramps. These ramps will pass over both east and westbound regular lanes to con- nect with the reversible HOV lane in the center. In addition, a consider- able amount of bridge and retaining wall construction will take place along Hwy. 100. MTC Offers Bus Service' from Garage When the 5th Street Garage opens in July, the Metropolitan Transit Commis- sion (MTC) will offer bus service to and from the garage within MTC's Dime Zone. Buses will leave the garage every one to three minutes during the morning and evening rush hours. Routes 8 and 94 (B,D,H,J)will travel from the garage along 6th St., and Route 16 will travel along 4th St. Those same routes will return to the garage via 5th St. Frequent bus service from the garage also will be offered mid-day, evenings and week- ends. For more information, stop bythe MTC Transit Store, 719 Marquette Ave. The store will be open 7:30 a.m. to 5:30 p.m., Monday through Friday. Go s Je IAIJE m Asn The Sane Lane will be open for some of the Twins' home games throughout the baseball season. It will be open to buses, vanpools and carpools of two or more persons. Sporting events generate ride -sharing which makes using the Sane Lane convenient and easy. Soil Cleanup Continued from page 2 mation provided by the Minnesota Pol- lution Control Agency (MPCA) states that 25 to 40 percent of tanks over twenty years old have leaks that pose potential threats to a community's ground water. Mn/DOT has hired consultants to monitor the removal and treatment of these soils according to specific proce- dures developed in cooperation with the MPCA. The impacted soils will be carefully removed, stored, and treated when possible for re -use on the high- way corridor. The first site to be cleaned up is at Plymouth Road. This summer, other sites at County Road 73, Louisiana Avenue, and Turner's Crossroads will be treated as well.Thompson empha- sized that the removal, storage, and treatment of impacted soils pose no health threat or hazard for the public. "The workers will be taking every safety precaution necessary," he said. iMinriesbta Department _ Bulk Rate . of Transportation U.S. Postage Paid District 5 Headquarters Minneapolis, MN 2055 N. Ltlae- ive Permit No. 1147 Golden 1/alley, MN 55422 I octal Loin. Ij,�A �' Carr; oto Pre Sort F _ JAMES HILLIS CITY OF PLYMOUTH' t 3400 PLYMOUTH BOULEVARD PLYMOUTH MN 55447 APRIL 1989 VOLUME: VI _ NUMBER _1— _ APRIL OPEN HOUSE and ANNUAL_ M1:E-1'ING On Wednesday April 26th at 7:30 PM the Plymouth HiEtorical Society will have an Open House and Annual Meeting. The guest speaker will be Jerry Paul speaking on the "EARLY DAYS AT THE MISSION FARMS". He has been associated with the Mleslon Farms since aboaut 19- 7 and ha -a: seed all phases of it's history. Mr. Paul will also bring photo'& of the early days including some showing what the area looked like before it was developed. See the attached flyer and bring your friends and neighbors. THE CARRIAGE HOUSE SALE The Carriage House will be used for a Garage Sale in the month of May. The Plymouth Historical Society will be having a Garage Sale to raiee money for the Society. We are looking for donations of items to sell at the sale and welcome any thing you might have. This is a _great time to clean out the garage and attic. Please contact either: Myrtle Eckes 545-6168 Joyce McCoughey 544-2656 MEMBERHIP ANNUAL DUES The 1989 Annual Plymouth Historical Society dues are payable if you have not already paid. The dues are used to help cover operating cost& plus put on special events like the "Old Fashioned Chritmae In Plymouth". We have enclosed a form to complete and bring to the annual meeting or return to: Jack Malmetedt 15 Niagara Lane Plymouth, MN 55441 473-4493 If you are not presently a member and would like to become one please feel free to contact Jack, mail in the membership form or come to our meeting. Everyone is welcome and we need new memb-ere to help keep the Plymouth Historical Society active. II 1� APRIL 1989 VOLUME: VI _ NUMBER _1— _ APRIL OPEN HOUSE and ANNUAL_ M1:E-1'ING On Wednesday April 26th at 7:30 PM the Plymouth HiEtorical Society will have an Open House and Annual Meeting. The guest speaker will be Jerry Paul speaking on the "EARLY DAYS AT THE MISSION FARMS". He has been associated with the Mleslon Farms since aboaut 19- 7 and ha -a: seed all phases of it's history. Mr. Paul will also bring photo'& of the early days including some showing what the area looked like before it was developed. See the attached flyer and bring your friends and neighbors. THE CARRIAGE HOUSE SALE The Carriage House will be used for a Garage Sale in the month of May. The Plymouth Historical Society will be having a Garage Sale to raiee money for the Society. We are looking for donations of items to sell at the sale and welcome any thing you might have. This is a _great time to clean out the garage and attic. Please contact either: Myrtle Eckes 545-6168 Joyce McCoughey 544-2656 MEMBERHIP ANNUAL DUES The 1989 Annual Plymouth Historical Society dues are payable if you have not already paid. The dues are used to help cover operating cost& plus put on special events like the "Old Fashioned Chritmae In Plymouth". We have enclosed a form to complete and bring to the annual meeting or return to: Jack Malmetedt 15 Niagara Lane Plymouth, MN 55441 473-4493 If you are not presently a member and would like to become one please feel free to contact Jack, mail in the membership form or come to our meeting. Everyone is welcome and we need new memb-ere to help keep the Plymouth Historical Society active. PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH MARCH 1989 rri Acc I MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 3 0 21 16 105 13 0 0 4 0 32 19 72 14 1 TOTALS 1988 158 1989 142 -10% CLASS II FORGEP COUNTERFEIT FRAUD HAR, COMM, STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I. LIO LAW DISORDERLY CONDUCT OTHER 3 12 0 0 45 2 23 1 35 3 3 49 0 5 19 1 1 70 1 3 21 5 37 18 1 25 27 TOTALS 1988 176 1989 231 +31% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 1 14 72 0 0 46 0 0 2 1 23 0 1 11 8o 0 0 82 1 1 1 3 1 29 TOTALS 1988 159 1989 208 +31% CLASS Iv TOTALS —1g R R 923 1989 1198 + 0i HAZARDOUS VIOLATIONS 1988 477 1989 388 -1 i NONHAZARDOUS MOLATIONS 1988 55 1989 488 + T1. CRIMINAL OFFENSES CLEARED 1988 39% 1989 18% ASSIST 1416 1989 1779 +26, ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL—ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC 22 137 82 91 30 24 165 155 2 17 115 83 25 150 128 135 49 43 193 133 6 17 77 242 TOTALS —1g R R 923 1989 1198 + 0i HAZARDOUS VIOLATIONS 1988 477 1989 388 -1 i NONHAZARDOUS MOLATIONS 1988 55 1989 488 + T1. CRIMINAL OFFENSES CLEARED 1988 39% 1989 18% TOTAL NUMBER OF INCIDENTS 1988 1416 1989 1779 +26, PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH CLASS I JANUARY THROUGH MARCH 198, MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 6 2 57 41 213 44 2 0 13 0 78 59 154 41 3 TOTALS 1988 365 1989 348 -5% CLASS II R, .;. FORGERY COUNTERFEIT FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I. LIQ. LAW DISORDERLY CONDUCT OTHER 10 30 -- 2 78 10 49 5 104 13 11 138 14 4 47 1 6 148 1 8 41 13 104 4o 27 59 TOTALS 1988 4 4 0 1989 485 +1o% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 1 52 265 1 0 189 1 3 5 4 63 0 33 247 0 0 262 1 8 3 6 81 TOTALS 1988 583 1989 641 +10% CLASS IV TOTALS 1988 2591 1989 3142 +21% HAZARDOUS VIOLATIONS 1988 1 101 1989 lois - 8% NONHAZARDOUS VIOLATIONS 1988 1331 1989 1474 +11% CRIMINAL OFFENSES CLEARED 1988 36% 1989 22% ASSIST 4075 1989 AZ51 17, ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC. 72 326 295 346 87 77 581 328 9 39 282 221 84 328 366 431 1 133 109 495 1 387 19 4o 163 587 TOTALS 1988 2591 1989 3142 +21% HAZARDOUS VIOLATIONS 1988 1 101 1989 lois - 8% NONHAZARDOUS VIOLATIONS 1988 1331 1989 1474 +11% CRIMINAL OFFENSES CLEARED 1988 36% 1989 22% TOTAL NUMBER OF INCIDENTS 1988 4075 1989 AZ51 17, \ �d PLYMOUTH PUBLIC SAFETY ALARM REPORT MARCH 1989 MONTH POLICE FALSE ALARMS PERMITS 1988 34 14 1989 94 88 CHANGE 176 x 528 4L FIRE FALSE ALARMS PERMITS 1988 48 14 1989 34 5 CHANGE -41 S -180 Z �- k1-0 . PLYMOUTH POLICE RESERVES 1989 FIRST TERM ACTIVITY STATISTICS JANUARY - MARCH TASK MONTH JANUARY FEBRUARY MARCH COMMUNITY SERVICE: -- 4.40 -- PARK PATROL: 2.39 2.28 2.02 CALLS FOR SERVICE: Motorist Assist Vehicle Lock Out Animal Detail Water Violations Assist Fire Dept. Miscellaneous .39 1.29 -- •0 .06 -- 2.0 -- 1.42 -- ASSIST OFFICER TRANSPORTS: Henn. Co. Jail Crystal Jail Henn. Co. Detox. Mission Detox. Other OTHER: Vehicle Impound Booking Traf f is Control Miscellaneous .32 -- -- • 51 1.13 .07 1,11 2.29 .47 2.02 .56 AGENDA DELIVERY: .17 TRAINING: 3.00 3.00 2.00 TOTALS JANUARY FEBRUARY MARCH HOURS WORKED - 49.26 48.02 40 MILES DRIVEN - 404 261 310 TOTAL TIME - 137.28 Hours MILE - 975 COORDINATOR SUMMARY The first three months have started out slowly for us. We did have 3 of the 7 Reserve Officers attend the Hennepin County Auxiliary Police School cutting into some of the donated time. In January Reserve Officer Greg Rutherford responded to a call for traffic control assist at the scene of a gas leak (County Road 6 and Niagara) donating 1 hour, 11 minutes of time. In February Reserve Officers Sandeen, Rutherford, Ault, and Goldstein assisted at the Fire and Ice Festival providing traffic control and donating a total of 4 hours, 40 minutes. In March Reserve Officers Goldstein and Sandeen spent 2 hours, 9 minutes on a hit dog call transporting the dog to Golden Valley Animal hospital. PREVIEW OF SECOND TERM CALENDAR April 8-9 Health talk at 4 Seasons Mall May 13-14 Police Week at Ridgedale Mall May 21 Boulder Dash Run - Plymouth SECOND TERM GOAL Identify the training needs of the Police Reserve Unit to incorporate a training program that will work in assisting the Plymouth Police Officers. 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere James J. Thomson, Jr. Thomas R. Galt Steven B. Schmidt John G. Kressel James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Corrine A. Heine David D. Beaudoin Steven M. Talien Mary Frances Skala Leslie M. Altman Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Arden Fritz Mark J. Gergen Julie A. Lawler Janet J. Coleman Stephen J. Bubul Clayton L. LeFevere, Retired Herbert P. Lefler, Retired Lc Fc� crc Lcf Icr tic►u►c(IN O' Krim \- Drawl a Professional Association April 20, 1989 Mr. James G. Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim: VE �y pin 201989 N Mp w � UlH )1 As I discussed with you earlier this week, John Dean, Charlie LeFevere, and Ron Batty will be leaving our law firm to join the law firm of Holmes & Graven. We wish all three of them the best of luck in their new practice. The change will not affect our representation for the City of Plymouth because none of the three individuals were working on Plymouth matters. John Dean had done some work for the City on tax increment financing matters. If any new work needs to be done in that regards, Dave Kennedy will be available to do it for you. Please feel free to call me if you have any questions. Sincerely yours, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ �mes J Thomson, 4Jr.! 0066LT15.I34 is the thrust in C District 284, seems aDDronr o )mt� �...I a* ova now A matter ofrinci le p p "If you print that, I'll sue." "We'll pull our advertising if you write that. "We buy a lot of advertising in your newspaper, and we expect you to cover our groundbreaking (ribbon cutting, open house, etc.)" These are some of the more direct threats that the press receives in the journalistic line of duty. Although we receive. our share of such direct threats, we are more often subjected to subtle "persuasian," especially by government bodies. The threats are more likely to take the form of "The city is considering dropping you as our legal newspaper unless you..." and you can fill in your own ending. No newspaper wants to see any of these threats carried out. Advertising and legals pay the bills. But what a lot of adver- tisers and government bodies don't understand is that the ed- itorial section of a newspaper abides by a rather stubborn set of principles that are almost, but not quite, chiseled in stone. To maintain journalistic integrity, advertising revenue must not determine what is or is not covered. And special in- terests with clout should not be able to influence our news judgment. Sometimes we are accused of being too nosy, or pushy or of having bad taste because we may publicize that a business has a corrupt employee, or that a child molester is associated with a well-known youth organization or that a government official was guilty of bad judgment. We probably are all of these'things, but we are being guid- ed by the principle that the public has a. Constitutional right to know, even if someone who pays our bills gets uncomfort- able. The newspapers that violate these principles get a tarnish- ed reputation, and they inevitably wind up as one of two things: out of business or a shopper. Ironically, the very advertisers who may be demanding special treatment are the first to desert the ship, as some publications have discovered to their dismay. Advertisers know that the reason their ads get read is because they are carried in a publication that gets read. If the publication loses credibility, so do the advertisers. Gigi Mahon wrote about the fading reputation of the once illustrious New Yorker magazine after it was taken over by media magnate S.I. Newhouse. In an interview in the Star Tribune's Sunday Magazine, Mahon said that although the New Yorker's circulation is up, its advertising is down. "Ad- vertise�s used to .like the magazines tS C ' iY,W&.,a high lu-4,44 ,fourh l .withhigh advertising Standards," she said. The magazine is fumbling. The articles ate Oftel irrele- vant. " Fortunately, most advertisers and government bodies mow that a healthy, independent press means that they, too, )ave an advocate when it comes to righting the wrongs, educating the public and setting the record straight. Granted, he press may get things screwed up a lot of times, but its ieart, and its principles, are in the right place. vE bz th W( W( un se; th) pa; fir: we ML im \Otc-N.- April 11, 1989 Elizabeth Boursier 16130 - 16th Ave. N. Plymouth, MN 55447 CITY OF PLYMOUTF+ SUBJECT: YOUR APRIL 1, 1989 LETTER Dear Ms. Boursier: Your letter expresses concern about a "handicapped parking" sign located at "Herb's Corners" at County Road 6 and 101. You received a ticket for parking in a handicapped parking space. From the picture you supplied and from previous investigation done by City Building Official.Joe Ryan, the parking stall itself is appropriately marked with a handicapped sign located directly on the face of the building. I am attaching a copy of a letter which Building Official Joe Ryan wrote recently on the same subject. Based upon his investigation, the only state requirements for marking a handicapped stall is the erection of a handicapped sign. " Because this is the second complaint we have received about this sign, Mr. Ryan phoned Dave Johnson, owner of the shopping center requesting that additional steps be taken.. to identify the handicapped stalls. We are hopeful that Mr. Johnson will improve this situation but are unable to mandate any changes as the stalls already comply with minimum state standards. Sincerely, 5-gil Schneider Mayor VS:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 February 16, 1989 RE: OAKWOOD SQUARE SHOPPING CENTER Dea CITY OF PLYMOUTR This letter is in regards to our conversation which took place today concerning the placement of handicap signage for designated parking spaces at the Oakwood Shopp.ing Center. Enclosed --is. a copy of a section from the Minnesota State Statutes which outlines parking requirements for the physically handicap. The placement of the handicap symbols on the exterior wall of the building do conform with the provisions of the state law. Please contact me at 559-2800, extension 222 should you have any questions, or if I may be of any further assistance. Sincerely, Joe Ryan Building Official cc: Assistant City Manager Frank Boyles File i YM(ji I3( J -H L 'Ai't P! YMOU-I H, rAINr:=�(_) 1„ 554: ;7. 1 FI EPHONF (612) 559-280() �C1c%_ 69-145 11tCttwAv TRAFFIC REGUlaT10N 4094 _. „ 4095 to a person transporting physically handicapped persons must be renewed every third handicapped PI parking space year. On application and renewal, the person must present evidence that the vehicle convicted if the person p continues to be used for transponing.physically handicapped persons. cc riificatc or evidence tha (c) A certificate must be made of plastic or similar durable material, must be 168.021, and demonstrates distinct from certificates issued before January 1, 1988, and, must. bear, its expiration or tagging. date prominently on its face. A certificate issued to a.temporarily disabled person must History: 1977 c 205 s I display the date of expiration of the duration of thc.disability, as determined under 1987 c 355 s 8 paragraph (a). Each certificate must have printed on the back a summary of the parking privileges and restrictions that apply to each vehicle in which it is used.. The commis- 169.35 PARKING. sioner may charge a fee of SS for issuance or renewal of a certificate, nd a fee of S5 Subdivision 1. Parall( for a duplicate to replace a lost, stolen, or damaged certificate. ordinance, each vehicle sto Subd. 4. Unauthorized use; revocation; penalty. If a peace officer finds that the adjacent curb shall be so st certificate is being improperly used, the officer shall report the violation to the division parallel with and within 12 of driver and vehicle services in the department of public safety and the commissioner shall only apply to a state t of public safety may revoke the certificate. A person who uses the certificate in Subd. 2. Where no c violation of this section is guilty of a misdemeanor and is subject to a fine of S500. vehicle stopped or parked Subd. 5. [Repealed, 1967 c 389 s 2] the paved or improved or 1 History: 1965 c 844 s 1-5: 1967 c 389 s l; 1969 c 1129 art 1 s 15; Ex1971 c 27 s 10; Subd. 3. One-way r 1977 c 22 s 1,2; 1979 c 31 s 1; 1979 c 277 s 4; 7985 c 248 s 70; 1986 c 444,- 1987 c'353 highways under their juris s 7; 1988 c 642 s 7,8 respect to state trunk highv left hand wheels adjacent t 169.346 PARKING FOR PHYSICALLY HANDICAPPED-, PROHIBITIONS; PEN- r. roadway. AL-1-IFS. + - = '! History: (2720-220) 19 2. Subdivision L Parking criteria. A person shall not: s (I) park a motor vehicle in or obstruct access to a parking space designated and r r 16936 BRAKES TO BE! reserved for the physically handicapped, on either private or public property;' No person driving or in (2) parka motor vehicle in or obstruct -accesrto an area designated-by a local ed without effectively scttin governmental unit as a handicapped transfer zone; or or side of the highway. (3) exercise the parking privilege provided in section 169.345, unless: = History: (2720-221) 19. (i) that person is a physically handicapped person as defined in section 169.345, subdivision 2, or the person is transporting or parking a vehicle'fora physically 16937 OBSTRUCTING handicapped PPe person; and: ' ,.. .. ... ........ �•• No person shall drive a (ii) the. vehicle visibly displays one .of the following: a license plate issued under =' scat such number of person section 168.021, a certificate.issued undcr.secction 169.345, or an equivalent Cel ti6lcate, ` the frontor sides of the vc insigia„ noc liccnse, plaie,issued,by, anotherstatc or one of its political subdivisions dsiying mechanism of the s �; Subd. _ 2. Signs;.parking spaces t6 be flee of:obstrw6ous.. (a) Handicappedipuking No.passenger in a vchic .:' spaces. must be designated and identified :by the: posting;of:signs incorpQrating- the _. =: the driver's. view ahead or tt international symbol of access in white:on.bluaand.;indicating_that the:parkiag;spaa t=x':;' �g_mzchanism of the s is: reserved for handicapped. persons with vehicles displaying the required certificate, , History: (2720-222) 19_ license plata, or insignia.CA sign posted for the purpose of this.scetion'must b¢,nsible' • 1 .:. from inside z: vehicle parkcd.ia tt}c. space, be 3;cpt clear of snow, or.other; obstmdio �,,. Which block its visibility, and bc.00nmovable o_r, only movable,by authoruod 16938 DRIVING IN ROI persons :: rThc driver of a melee v (b) The owner or manager of the property on which the.designated-parking space ': highways shall hold such m is located shall cnsure.that the space is kept free of obstruction: If the owner or rnanagc r,; of the highway as rcasonabll allows the space to be, blocked by snow; merchandise, or. similar obstructions for 24 is obstructed within a distan hours after. receiving a warning from a peace: ofcer;:the owner or manager, is guilty of;:` ' _ with the horn of such moto a misdemeanor and! subject to a. fine of up to 5500. _ , ,. .........:..:.:. History: (2720-223) 19. Subd. 3: -Penalty. A person who violates subdivision I is guilty of a misdemeanor-; ; -- --- and shall be fined not less than S 100 or more than' S200. This subdivision' shall-be- : , 16939. COAST-ING. enforced-in the same manner as parking ordinances or regulations in the:governrnental:..::: - T c.drivcr of any moto subdivision in which the violation occurs: Law enforcement officers.havc-the authority:: -, with the.gears of such vchic to tag vehicles parked on either privatc.or public property in.violation of subdivision.-:.�::- ...The driver of a comme, I. A physically handicappcd.person, or a person parking a vehicle for a handicapped . ` not coast with the clutch di person, who is charged with violating subdivision 1 because the person parked in a History: (2720-224) 19_: xMVLLMENT` i Fri a " cam. . OWN -° —.`.,9. •r.•. silt - .. y ., ��w -� r xia+s�FriaiY!N9+�!� 21e:ercr=� ..3 ELIZABETH BOUKS16K 16130 - 16TH AV6NU6 NORTH PLYMOUTH, HINN6SOTA SS447 / �� ' .\ 4 ��. _0, j Ql� L� , CITY OF April 11, 1989 PLYMOUTH+ Pat Steinhauser 11815 Bass Lake Road Plymouth, MN 55442 SUBJECT: YOUR RECENT LETTER Dear Ms. Steinhauser: I and members of the City Council share your concern about high property taxes. As you are probably aware, the City of Plymouth requires something less than 15¢ of each property tax dollar. More than 50¢ of each dollar go to support the school district with approximately 28¢ to the County. The remainder is required by miscellaneous taxing districts. Over the years the Plymouth City Council has been sensitive to the property tax picture. Accordingly, we have made a conscious effort to keep the Plymouth tax rate down. If you compare Plymouth's tax rate to that of other metropolitan area communities, you will find that we rank in the lower one-third of all metropolitan area communities. Our biggest difference with other communities is that the valuation of Plymouth households is substantially higher than the average valuation in other communities. Since there is a direct relationship between house valuation and property tax, the actual tax dollars expended by Plymouth residents are higher than many other communities even though the -tax rate itself is lower. I can assure you that I and members of the Council will continue to do our best to minimize property tax increases. I would strongly encourage you to contact the school district and County to do the same since their combined property tax requirements consume 80¢ of each property tax dollar. Your letter also expresses a low opinion of the Plymouth park system. I have to disagree with your analysis. The City has made a conscious effort of developing community playfields, community parks, neighborhood parks and trails over the last 10 years. We have done an admirable job to the point where there are currently 38 miles of trails in the community and over 200 acres of parks. To be sure, improvement is always possible. Park development in Plymouth is scheduled to coincide with development of the surrounding community in order that property tax need not be increased for this purpose. I'm sure you would support this approach. I am attaching a Plymouth park and trail map for your information. As you can see, a trail Is scheduled for eventual implementation along Bass Lake Road once the street improvement project has been improved by the County. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 J.."Ct16 Pat Steinhauser April 11, 1989 Page 2 Once you have had the opportunity to read this letter and review the attached materials, please call me either at work, 377-0083, or at home, 559-1111 so that we can further discuss any questions you may have. Sincerely, % Virgil Schneider Mayor VS:kec attachment �u-c _ GG �ss�_. �-�,c� Li1`le.� c¢-c-c �r�e�� _ �u.e .. �� oma„ a_ ; �_000. =_1CkC, CITY a April 14, 1989 PUMOUTR Ms. Theresa Elveru Assistant Property Manager Trammell Crow Company Normandale Lake Office Park 8400 Normandale Lake Blvd. Suite 375 Bloomington, MN 55437 Dear Ms. Elveru: We received your letter regarding your attempts to eliminate solicitators at the buildings you manage. The list of business cards you collected in one day at One Carlson Parkway certainly demonstrates your concern! Enclosed is.a copy of Section 1140.17 of the Plymouth Code which details steps to be taken to exclude solicitors. Director Carlquist made an on-site inspection after receipt of your letter, and recommended to you placement of placards prohibiting solicitors, as described in the City Code, in order that the Police Department can cite violators appropriately and in accordance with law. If this provision of the City Code is violated, it is certainly appropriate for you or your tenants to contact the Police Department to assist in expelling solicitors if necessary. If there is further information we can provide, please contact either of us at 559-2800. Sincerely, Laurie Rauenhorst City Clerk cc: Richard Carlquist, Public Safety Director Frank Boyles, Assistant City Manager 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Mr. Richard Carlquist Chief of Police City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Solicitation Dear Chief Carlquist: April 12, 1989 U As the owner of several office buildings thr Cities, we have had many bad experiences with solicitors. Recently, we have received many tenants at One Carlson Parkway in Plymouth. two-story, multi -tenant office building which 75% leased, thus making it a prime candidate Normandale Lake Office Park 8400 Normandale Lake Boulevard Suite 375 Bloomington, Minnesota 55437 612/921-2000 ."4-/ P d4hout the Twin \ regard to O complaints from our\ This is a is approximately for solicitation. A At this point, Trammell Crow Company turns to you on behalf of our tenants in an attempt to eliminate this type of nuisance. The information we received today by way of a telephone conversation with the City of Plymouth gave us freedom to call the Police Department when needing assistance to expel solicitors. Please find an attached sampling of one day's collections of business cards from solicitors at this building. Your help will be greatly appreciated. Please forward to me a confirming letter upon receipt of my let er or ee ree to call me at —'--- Sincerely, TRAMMELL CROW COMPANY Theresa Elveru Assistant Property Manager TE/ld04-44 Enclosure cc: Laurie Randall Property Manager 3 ALTERNATIVE b,ArNNv, INC. JOHN LIBBY •_�, i. Marketing Representative "'`'� Bloomington St Louis Park GRWOFA�!��♦ 612/835.9977: 612/593-1168 Roseville Chanhassen r 612/623-0242 P.O. BOX 061, PRINCETON, MWNESOTA SS371 612/934-6234 TONY WILSON, SALES MANAGER (612) 389.5466 F. KAROLYN A. YOUNG KONICA SAVIN DIRECTOR of SALES �(`rl� jI� (� y� NOW Sales GORDY RUNNING V ffid H 5 HER J l/O(S (5 � 612 861-2412 Representative And Conference Centre 8151 BRIDGE ROAD (HWY 444 at 100) BLOOMriCTON, hUNNESOTA 55437 (612) 830.1300 Kathy Cole Account Representative Kickernick Building Suite 650 430 First Avenue, North Minneapolis, Minnesota 55401 ANALA (612) 339-7981 ANAL SERVICES KAY BACKES (612) 884-7301 VOICE PRODUCTS DIVISION FAX (612) 884-2676 I' lWahl Wahl & Inc. 9333 PENN AVENUE SOUTH a MINNEAPOLIS, MN 55431 KAMMTs� A Harris Company PPOOLJCTS Cr - Copy Duplicating Products Inc. 6636 Cedar Ave. South, Richfield. Minnesota 55423 Intemational Office Systems Inc. 1031 Mendota Heights Road Mendota Heights, MN 55120 Tel. (812) 456-999 Fax: (612) 454-9718 i CINDY BOSSERT Account Manager 10S. Office Equipment Division COPIERS - COMMUNICATIONS - COMPUTERS JAMES N. FISHER Special Agent 100 Washington Square, Suite 1200 Minneapolis, MN 55401 Office: (612) 343-2500 =1hrrtm The Northwestern Mutual Life Insurance Company • Milwaukee Cr tis +- ==J' D. C. H EV ENVELOPE AND 00= FORMS SPECIALISTS INTERNATIONAL AIR MAIL Curtis i000 P.O. BOX 64109 707 W. COUNTY ROAD E ST. PAUL, MINNESOTA 55164 DENNIS CUROE PHONE: 483-6651 SHARP REPRESENTATIVE FAX x 483-9036 ®®.WAW®®-® Dana R. Eccles Sales Representative Copier Division D. C. Hey Company 7399 Bush Lake Road Minneapolis, MN 55435 Phone (612) 835-2050 Fax (612) 835-2037 : Y,-- \Ckc\-.. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 17, 1989 TO: Frank Boyles, Assistant City Manager FROM: Laurie Rauenhorst, City Clerky_,j- S U BJE CT AMUSEMENT CENTER LICENSE - COTTON CLUB Today I spoke with a man who was considering leasing the Cotton Club site for a similar amusement center operation. He stated that the Cotton Club is now closed. The real estate agent who showed him the property told him that all necessary licenses and permits were in order and he could Just "move in and start operation of a similar business." I told him that this is incorrect. The new owner would have to apply for a conditional use permit, as well as obtain licensing for an amusement center. He would not provide me with the name of the real estate agent or company, but indicated that he would call the agent with the information that conditional use permit and license approvals must be obtained prior to opening an amusement center business. I mailed him the ordinance provisions and application forms for amusement center licensing. ,�� _ ..._'h13.a� .. yn it &•`"_stt•'•"����"kaA..� ^ ��� G f '� S� _ G v S T 3 gCD =ZPrtG 3�3 _T Q X �TwsowCN� T CD c G" - cn T t if ^ �'r __.cam -, v • y c''.•z '. L •_c p� cn V % m i r Y �•' o �' c, CD n+ CV CL w rots yr==.�<'y5eap �T c CCr C 6 �Xc C 2. G l 4 c f.- 3 !: r Cl) `ova=N�:u°�f CRs° a a� Ci n °a c Gw o.. -G� n o w oci �o� �f�rt' ns L H olt- �b Anav < .G98c neem- m.. n C 7 C o in o ri B p�