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
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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
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2632.08' RES. f
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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
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PASSED
19
APPROVED
NOT APPROVED 19
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ATTEST
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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:
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ACTION YOU DESIRE THE CITY TO TAKE:
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NAME OF CONCERNED RESIDENT: �IGtn15�°QT'S
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PHONE NUMBER: qFl
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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
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cam.
. OWN
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xia+s�FriaiY!N9+�!� 21e:ercr=� ..3
ELIZABETH BOUKS16K
16130 - 16TH AV6NU6 NORTH
PLYMOUTH, HINN6SOTA SS447
/ �� ' .\
4
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,
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
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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.
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