HomeMy WebLinkAboutCouncil Information Memorandum 05-04-1989CITY OF
PLYMOUTF+
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 4, 1989
RECYCLING CASH DRAWING
May 4: NO WINNER
Next Week: $300 Cash Award
UPCOMING MEETINGS AND EVENTS.....
1. COUNCIL STUDY SESSION -- Monday, May 8, 5:00 p.m. Council study
session on regulation of adult entertainment in City Council
conference room. Dinner will be provided. Attached is a letter
from dim Thomson advising that Mr. Al Hyatt of the Minneapolis
City's Attorney's office, and Mr. Paul Baertschi, of the City
Attorney's office, will be present to discuss laws relating to
obscenity. (M-1)
2. BOARD OF REVIEW -- Monday, May 8, 7:30 p.m. The Council will
convene as the City's Board of Review in the Council Chambers.
3. BOARD OF ZONING -- Tuesday, May 9, 7:30 p.m. The Board of Zoning
Adjustments and Appeals will meet in the City Council chambers.
Agenda attached. (M-3)
4. PLANNING COMMISSION -- Wednesday, May 10, and Thursday, May 11.
On Wednesday, May 10, Regular Planning Commission Meeting, 7:30
p.m. in City Counicl Chambers. The Thursday, May 11 commission
meeting scheduled for 7:30 p.m. is a continuation of the May 10
meeting. Agenda attached. (M-4)
5. PARK AND RECREATION COMMISSION -- Thursday, May 11, 7:30 p.m. The
Park and Recreation Advisory Commission will meet in the City
Council chambers. Agenda attached. (M-5)
6. CALENDARS -- Meeting calendars for May and dune are attached. The
May calendar has been revised to include:
May 11 - Planning Commission Meeting
May 16 - Community Center Meeting - Proposed Revenues/Expenditures
May 17 - Planning Commission Forum and Special Meeting
May 24 - PRAC Parks Tour
(M-6)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 4, 1989
Page 2
FOR YOUR INFORMATION.....
1. DIAL -A -RIDE SERVICE -- The sampler Dial -A -Ride service for Council
members has been rescheduled for May 15. The Dial -A -Ride vehicle
will pick up each Councilmember and bring them to the City Council
meeting.
2. COMMUNITY CENTER PUBLIC MEETING -- The attached letter regarding the
May 16 public meeting on the community Center was mailed to the list
of individuals and organizations noted on the attached mailing
list. The list includes: homeowner associations; churches; civic
groups; individuals speaking at the January 19 community center
meeting; and those people who have requested to be notified of the
community center meetings.
The attached news release was mailed to the Plymouth Post, Wayzata -
Plymouth Sailor, and Weekly News. In addition, it was sent to
Northwest Community TV for inclusion on their weekly news show,
Northwest Edition. The meeting is also being publicized on channel
37.
The public meeting will be shown live on channel 37. (I-2)
3. WATER RESTRICTIONS PUBLICITY -- The attached articles on Plymouth's
odd -even water restrictions appeared in area newspaper.
Also attached is the letter sent to homeowners adjacent to the
Zachary playfield explaining the playfield's sprinkling schedule.
(I-3)
4. METRO WASTE CONTROL BUDGET MEETING -- The Metropolitan Waste Control
Commission has scheduled a series of meetings to present their
proposed 1990 budget. For Plymouth, the meeting will be held,
Tuesday, May 16, 7:30 A.M., at The Seasons Restaurant in Coon
Rapids. A copy of the meeting notice is attached. (I-4)
DOG COMPLAINTS - PREVENTION EFFORTS -- Attached is a report from
Steve Correll, Police Department Support Services Supervisor, on
steps being implemented to address the issue of dog complaints.
(I-5)
6. NEW POST OFFICE FOR PLYMOUTH - I have been advised by Larry Cruse of
the United States Postal Service that they have received funding
approval in their next fiscal budget for acquisition, design and
construction of a new post office serving the 55441 and 55442 zip
codes. Mr. Cruse expects that within one year a design will be
completed for the structure, and within one and one-half years the
building will be under construction and ready for use no later than
two and one-half years from now. As the Council is aware, because
of Plymouth's growth, the Plymouth Boulevard Post Office has
resorted to serving only the 55446 and 55447 zip codes. The 55441
and 55442 zip codes are now served by a post office in Brooklyn
Park. While no commitments have been made, Mr-. Cruse expects that
they will be looking to place the new post office within Plymouth.
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 4, 1989
Page 3
7. DEVELOPMENT SIGNAGE -- On Friday, May 5, two development signs will
be placed at the following locations:
1) Northwest corner of County Road 9 and I-494. Ryan Construction
Company of Minnesota is requesting approval of a Land Use Guide
Plan Amendment, Stage Growth Amendment and a Planned Unit
Development (PUD) Concept Plan. The Land Use Guide Plan
Amendment is to reclassify approximately 10 acres from LA 3
(high medium density residential) to CN (neighborhood shopping
center). The Stage Growth Amednment is to remove approximately
50 acres from the Post 1990 Service Area. The PUD Concept Plan
is to allow for the development of approximately 370,000 square
feet of retail space on the 50 acres. (89014)
2) Southwest corner of Vicksbura Lane and 22nd Avenue North.
United Properties is requesting approval of a Conditional Use
Permit (CUP). The CUP is to allow a Class II restaurant
(Carbone's Pizza) in the previously approved Towne Centre at
Parkers Lake. (89022).
Both requests will be heard by the Planning Commission at the
Wednesday, May 17, 1989 meeting.
8. MINUTES:
a. Planning Commission, April 12, 1989 (I -8a)
b. Board of Zoning Adjustments and Appeals, April 11, 1989 (I -8b)
c. Plymouth Safety Committee, April 26, 1989 (I -8c)
9. RESIDENT FEEDBACK FORMS -- Staff responses to Resident Feedback
forms submitted at the April 10 Town Meeting are attached. Also
included is a feedback form received this week in the mail. (I-9)
10. CORRESPONDENCE:
a. Letter from Fred Lips, 14405 38th Avenue North, to City Council,
on adult bookstores, and recommendation to widen County Road 9
west of 494. (I -10a)
b. Letter from, and response to Mark Doepke, 2015 Xanthus Lane,
regarding the Lundgren Brothers proposal for Alex Riser
property. (I -10b)
c. Letter responding to Roy Frank Dohm, 3025 Trenton Lane, from
Frank Boyles, regarding City trails. (I -10c)
d. Letter to ferry Chmielewski, 12410 - 26th Avenue No., from City
Manager, responding to various questions raised by Mr.
Chmielewski. (I -10d)
2000 First Bank Piece West
Mirt *wile
Minnesota 65402
Telephone (812) 333-OBQ
Telecopier (612) 3330540
J. Dennis O'Brien
John E. Drawl
David J. Kennedy
Joseph E. Hamilton
John S. Dean
Glenn E. Purdue
Richard J. "offer
Charies L. LeFevere
James J. Thomson, Jr.
Thomas R. Galt
Steven B. Schmidt
John G, Kressel
James M. Strommen
Ronald H. Batty
Williem P, Jordan
William R. Skeliarud
Corrine A. Heine
David D. Beaudoin
Steven M. Tallen
Mary Frances Skala
Leslie M, Altman
Timothy J. Pawlenty
Rolf A. Sponheim
Julie A. Bergh
Darcy L. Hiteeman
David C, Roland
Karen A, Chamerlik
Paul P. Beartachi
Arden Fritz
Mark J. Gergen
Julie A. Lawler
Janet J. Coleman
Stephen J. Bubul
Clayton L. LeFevere, Retired
Harbert P. Lefler, Retired
LcFevere
Lefler
Kennedy
O'Brien !k
Drawz
2 Professional
AssoCialiOn
May 41 1989
Mr. James G. Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
HT TULBCOPIBR
Re: Study Session on Regulation of Adult Entertainment
Dear Jim:
I have made arrangements for Al Hyatt of the Minneapolis
City Attorney's office to come to the study session on
May 8, 1989. Mr. Hyatt is in the civil division of the
Minneapolis City Attorney's office and has been an
attorney since 1968. He was involved in the litigation
challenging the original City of Minneapolis Adult
Entertainment Regulation, which was declared
unconstitutional by Judge Diana Murphy in 1981. He also
was the primary attorney responsible for drafting the
current City of Minneapolis ordinance, which was adopted
in December, 1988.
I also intend to have Paul Baertschi of our office
present for the meeting. Paul is one of our prosecutors,
who was previously with the Anoka County Attorney's
office. Paul is very familiar with the criminal laws
relating to obscenity and will provide a summary of the
current laws and how they can be used as an enforcement
mechanism.
I will also make a brief presentation summarizing the
results of an informal survey that I have done of several
suburban cities which have thought about regulating in
this area.
Sincerely yours,
LeFEVERE, LEFLER, KENNEDY,
O'HRIEN & DRAWZ
Ja tesJ.Thomson, J .
0066LT15.I34
cc: Al Hyatt
Paul Baertschi
AGENDA
BOARD OF ZONING ADJUSTMENTS AND APPEALS
Tuesday, May 9, 1989
1.
2.
3.
4.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
NEW BUSINESS
WHERE: Plymouth City Center
Council Chambers
3400 Plymouth Blvd.
Plymouth, MN 55447
7:30 P.M.
April 11, 1989
M - a--,
A. Roger Speikers - Request variance for 20 feet to allow a 30 foot front
yard setback versus the 50 foot ordinance standard in order to
construct a third garage stall and work area onto his home. (05-01-89)
B. William Krout - Request variance for 7 feet to allow a 28 foot front
yard setback versus the 35 foot ordinance standard in order to construct
a second car garage stall onto his existing garage. (05-02-89)
C. Bob Goodrie - Request variance of 29 feet to allow a 6 foot front yard
setback versus the 35 foot ordinance standard; variance of .11 feet to
allow a 5.89 foot side yard setback versus the 6 foot ordinance
standard, and from the maximum lot coverage to allow a 21.9% lot
coverage versus the ordinance maximum of 20% in order to construct a two
car detached garage on their lot. (05-03-89)
5. ADJOURNMENT 9:30 p.m.
A
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, May 10, 1989
CITY COUNCIL CHAMBERS
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.
PUBLIC FORUM
1. CALL TO ORDER
2. ROLL CALL
3.* CONSENT AGENDA
4.* APPROVAL OF MINUTES
5. PUBLIC HEARINGS
7:15 P.M.
7:30 P.M.
April 26, 1989
A. Amendments to the Land Use Guide Plan Map.
B. Amendments to the Goals, Objectives and Criteria Element of the
Comprehensive Plan.
C. Amendments to the Land Use Guide Plan Text Element of the
Comprehensive Plan.
D. Zoning Ordinance Textual Amendments.
6. ADJOURNMENT**
** The Commission may continue the hearings to another date and adjourn
this meeting if the hour is late and it is apparent significant
additional time is needed. The Commission has determined 12:00
Midnight is the time to automatically do this and that the continuation
date should be Thursday, May 11 at 7:30 p.m.
V
PLANNING COMMISSION SPECIAL MEETING AGENDA** WHERE: Plymouth City Center
THURSDAY, MAY 11, 1989 3400 Plymouth Boulevard
CITY COUNCIL CHAMBERS 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. CALL TO ORDER 7:30 P.M.
2. ROLL CALL
3. PUBLIC HEARINGS
A. Continuation of the Agenda from Wednesday, May 10, 1989
4. ADJOURNMENT 10:30 P.M.
** This meeting will be held only if the Commission continues the hearings
from May 10, 1989.
Regular Meeting of the Park and Recreation Advisory Commission
May 11, 1989, 7:30 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff
c. Others
4. Report on Past Council Action
a. Hire architect/construction manager for community center
5. Unfinished Business
a. Mooney Lake plat - Planning Commission report
b. Comprehensive plan - update
c. West Medicine Lake Drive trail update
d. Plymouth Creek parking lot expansion update
e. Community center update
f. Kilmer playground update
g. Park tour - May 24
6. New Business
a. Swan Lake plat
b. CIP 1990-94
7. Commission Presentation
8. Staff Communication
9. Adjournment
Next Regular PRAC Meeting June 8, 1989
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CITY OF
PLYMOUTI+
May 2, 1989
III iiiii Jill 11111111111
Dear Sir/Madam:
= Q --
As the City Council proceeds with planning for the cccrtunity center, the next
step is to discuss projected operating costs and revenues of the facility. A
public meeting has been scheduled for 7:30 p.m. on Tuesday, May 16 in the City
Center Council Chambers to review and discuss these data. You are encouraged
to attend, ask questions and offer your cc mients.
While we would like to recover all of the City's operating costs for the
proposed ccmmuiity center, we know that this will not be possible. Therefore,
same level of property tax subsidy will be required.
City staff is preparing a forecast of the estimated revenue a community center
may reasonably be expected to generate as well as projected operating costs.
These data will be available for review at the Parks and Recreation Department
in the City Center beginning Thursday, May 11.
The five person Special Cimmunity Center Architectural Committee, appointed by
the City Council, will facilitate the meeting. Ccimlittee members are:
Councilmember Jerry Sisk (Chair), CouncillEimber Lloyd Ricker, PRAC Chairperson
Barb Edwards, Public Works Director Fred Moore and Parks and Recreation
Director Eric Blank. City Manager Jim Willis is an ex -officio member.
If you have any questions about the meeting, please contact Parks and
Recreation Director Eric Blank at 559-2800 ext. 265.
We cordially invite you to attend the May 16 meeting and offer your comments.
Sincerely,
Jerry Sisk, Chair
Special Community Center Architectural
Selection Committee
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
=-
Gail Peterson
12515 - 48th Ave.
Plymouth, MN 55442
Sue Van Cleaf Arlene Johnson
18525 - 22nd.Ave. N. 3535 Rosewood Lane
Plymouth, MN 55447 Plymouth, MN 55441
Carroll Vomhof Herb Myers Pam Bruzek
Robbinsdale Area Schools 20 Saratoga Lane 14535 - 13th Ave. N.
4148 Winnetka Ave. N. Plymouth, MN 55441 Plymouth, MN 55447
New Hope, MN 55427
Claryce Graham Todd Mosenthal
3240 Saratoga Lane 13550 - 26th Ave. N.
Plymouth, MN 55441 Plymouth, MN 55441
Tim Sehnert Clayton Anderson Steve Rood
4660 Deerwood Lane 510 Sycamore Circle 16511 - 27th Ave. N.
Plymouth, MN 55442 Plymouth, MN 55441 Plymouth, MN 55447
Dennis Zylla Jim Lee
3125 Holly Lane N. 16957 - 30th Ave. N.
Plymouth, MN 55447 Plymouth, MN 55447
Pauline Milner Dick Plufka Eric Gudrais
2355 Jonquil Lane 4095 Terraceview Lane 17125 - 30th Ave. N.
Plymouth, MN 55441 Plymouth, MN 55446 Plymouth, MN 55447
Roy Heinrich Teese Mosenthal
3750 Trenton Lane 15300 - 37th Ave. N.
Plymouth, MN 55441 Plymouth, MN 55446
JoAnn Kvern Miles Ottinger George Hoff
301 Ranchview Lane 1120 Vagabond Lane 10800 - 41st Ave. N.
Plymouth, MN 55447 Plymouth, MN 55447 Plymouth, MN 55441
Clint Strehle
4610 Ranchview Lane
Plymouth, MN 55446
David C. Olson
Twin West Chamber of Commerce
10550 Wayzata Blvd.
Minnetonka, MN 55343
West Hennepin Human Services
4100 Vernon Ave. S.
St. Louis Park, MN 55416
Home Free Shelter Greg Baufield
3405 E. Medicine Lake Blvd. Plymouth/Wayzata Football
Plymouth, MN 55441 4600 Shenandoah Lane
Plymouth, MN 55446
Paula Miller
Senior Community Services
1001 Highway 7
Hopkins, MN 55343
Sue Nelson West Medicine Lake Comm. Club
West Suburban Mediation Center 1701 Forestview Lane
32 - 10th Ave. S., Suite 211 Plymouth, MN 55441
Hopkins, MN 55343
Mark Luukkonen
Minnetonka Plymouth
900 E. Wayzata Blvd.
Wayzata, MN 55391
Bruce Engle
Plymouth Optimists
Metro Bank
13605 - 27th Ave. N.
Plymouth, MN 55441
Bea Jordan
Plymouth Historical
3605 Fernbrook Lane
Plymouth, MN 55447
Glen Johnson
Ply. Town Team Baseball
1330 Ranier Lane N.
Plymouth, MN 55447
Don Logan
179 S. Westwood Lane
Wayzata, MN 55391
Alcoholics Anonymous
Carol. Beach
Rotary Inter Group Central Office
Ply. Athletic
Assn. & Soccer
6300 Walker Street
325 Merrimac
Lane
St. Louis Park, MN 55416
Plymouth, MN
55447
Mable Swanson
Pepper Asche
Medicine Lake Garden Club
Plymouth/Wayzata
Softball
251A Lancaster Lane
18005 - 20th
Ave. N.
Plymouth, MN 55441
Plymouth, MN
55447
Pastor Joseph Dietrich
Neil Goodwin
Society Ascension Evangelical Lutheran
Bozo's Soccer
Club
15870 - 46th Ave. N.
3331 W. 32nd
St.
Plymouth, MN 55446
Minneapolis,
MN 55416
Ellie Singer
Plymouth Women of Today
10115 - 29th Ave. N.
Plymouth, MN 55441
Marty Guritz
735 Windemere
Plymouth, MN
Pastor Kenneth Hendrickson
Apostolic Lutheran Church
11015 County Road 15
Plymouth, MN 55441
Rev. Douglas C. Wahlberg
Drive Christ Memorial Luth. Church
55441 13501 County Road 15
Plymouth, MN 55441
Jim Olson
3835 Dallas Lane
Plymouth, MN 55441
Bob Losinger
Plymouth/Wayzata Baseball
15510 - 45th Ave. N.
Plymouth, MN 55442
Greg Moore Gordy Engel Plymouth Bible Chapel
NW Community Television Plymouth/Wayzata Basketball 10605 - 36th Ave. N.
6900 Winnetka Ave. N. 645 Harmony Circle Plymouth, MN 55441
Brooklyn Park, MN 55428 Wayzata, MN 55391
Pastor David Elowson
Plymouth Covenant Church
4300 Vicksburg Lane
Plymouth, MN 55446
Pastor Peterson
St. Barnabas Lutheran Church
15600 County Road 9
Plymouth, MN 55446
Rev. Blaine Barr LaVonne Sjoberg
Church of St. Joseph of Plymouth Civic League
Medicine Lane 16500 - 29th Ave. N.
3015 Rockford Road Plymouth, MN 55447
Plymouth, MN 55441
Sr. Pastor Keefe Ken Quass
St. Mary of the Lake Kiwanis
Catholic Church 12725 - 30th Ave. N.
105 Forestview Lane Plymouth, MN 55441
Plymouth, MN 55441
Sr. Rev. Hoffman Nancy Bernekung
St. Philip the Deacon Girl Scouts
Lutheran Church 188 S. Circle A. Dr.
17205 Co. Rd. 6 Wayzata, MN 55391
Plymouth, MN 55447
Sr. Pastor Evenson Barbara Willis
Vision of Glory Luth. Camp Fire
13200 Highway 55 16511 - 26th Ave. N.
Plymouth, MN 55441 Plymouth, MN 55447
Pastor Vawter Judy Edwards
Wayzata Evangelical Welcome Wagon
Free Church 3600 Union Terrace Lane
705 Hwy. 101 Plymouth, MN 55441
Plymouth, MN 55447
Word of Life Barbara Miller
12300 - 18th Ave. N. Welcome Wagon
Plymouth, MN 55441 18730 - 27th Ave. N.
Plymouth, MN 55447
Bishop Broug
Church of Jesus Christ
Latter -Day Saints
330 Vicksburg
Plymouth, MN 55447
Rev. Strohsche
Glory of Christ Lutheran
4040 Hwy. 101
Plymouth, MN 55446
Jane Larkin
Newcomers Club
2725 Hemlock Lane
Plymouth, MN 55441
Joyce Woolery
Girl Scouts
2835 N. Garland Lane
Plymouth, MN 55447
Jerry Millard
4069 Ensign Ave. N.
New Hope, MN 55428
Sharon Sawyer
9020 - 61-1/2 Ave. N.
New Hope, MN 55428
Jim Wiczek - New Hope/
Ply. Athletic Assn -Baseball
4104 Oregon Ave. N.
New Hope, MN 55427
Ron Long - New Hope/
Ply. Athletic Assn -Football
4410 Goldenrod Lane
Plymouth, MN 55442
Denny Westendorp
12515 - 45th Ave. N.
Plymouth, MN 55442
Ron Kohls - New Hope/
Ply. Athletic Assn -Soccer
6040 Xylon Ave. N.
New Hope, MN 55428
Gail Dieleman
11705 - 45th Ave. N.
Plymouth, MN 55442
Rev. Frederick Nairn
Church of the Epiphany
4900 Nathan Lane
Plymouth, MN 55442
Greenwood Baptist Church
3120 Dunkirk Lane
Plymouth, MN 55447
Association of Free Lutheran Kae Padington Liddy Peterson
Congregations & Seminary 1519 W. Medicine Lake Dr. 2671 W. Medicine Lake Dr.
3110 E. Medicine Lake Blvd. Plymouth, MN 55441 Plymouth, MN 55441
Plymouth, MN 55441
Rev. Laurel Udden Florence Sahlz Walter Schuelke
Medicine Lake Lutheran 11825 - 18th Ave. N. 16020 - 46th Ave. N.
3110 E. Medicine Lake Blvd. Plymouth, MN 55441 Plymouth, MN 55446
Plymouth, MN 55441
Sr. Pastor Robinson Marion Bauer Mr. & Mrs. Loscheider
Messiah United Methodist 11010 County Road 15 1637 Gettysburg Ave. N.
17805 County Road 6 Plymouth, MN 55441 Golden Valley, MN 55447
Plymouth, MN 55447
Minneapolis Laestadian Mary House Mr. & Mrs. Engman
Congregation 1814 Zanzibar Lane 4300 Trenton Lane
13030 - 47th Ave. N. Plymouth, MN 55447 Plymouth, MN 55442
Plymouth, MN 55442
Sr. Rev. Friese Adeline Schmidt 3oyce McCaughey
Mt. Olivet Lutheran Church 14210 - 40th Ave. N. 3905 Lancaster Lane N.
12235 Rockford Road Plymouth, MN 55447 Plymouth, MN 55441
Plymouth, MN 55441
Rev. Cornelius Mrs. Mark Eckes Greg Arbogast - New Hope/
Parker's Lake Baptist 12231 Highway 55 Ply. Athletic Assn -Basketball
14720 County Road 6 Plymouth, MN 55441 5632 Pennsylvania
Plymouth, MN 55447 New Hope, MN 55428
Pastor Fretheim Ms. Pacyga Bob Brabandt - New Hope/
Peace Lutheran Church 10885 South Shore Drive Ply. Athletic Assn -Hockey
3695 Highway 101 Plymouth, MN 55441 13030 - 37th Ave. N.
Plymouth, MN 55446 Plymouth, MN 55441
Pastor Kenneth Giere Jeanette Bodine Jeff Herstein - New Hope/
Pilgrim United Methodist 2210 Fountain Lane Plymouth Athletic Assn.
4325 Zachary Lane Plymouth, MN 55447 2705 Ensign N.
Plymouth, MN 55442 New Hope, MN 55427
Charlie LeFevere John Gutzman Michelle Gedney
Dist. 284 Hockey Ply. Rox Baseball Club Kicking Stars Soccer Club
2714 Oakland Road 11021 - 48th Ave. N. 6422 Xenium Lane
Minnetonka, MN 55343 Plymouth, MN 55442 Maple Grove, MN 55369
Eugene & Celine Smith
10540 - 43rd Ave. N., #202
Plymouth, MN 55442
Rusty & loan Demeules
12065 - 48th Ave. N.
Plymouth, MN 55442
Fred Lips
14405 - 38th Ave. N.
Plymouth, MN 55446
Ron Person
12015 - 44th Ave. N.
Plymouth, MN 55442
Mr. & Mrs. Howard Fistere
10815 - 40th Ave. N.
Plymouth, MN 55441
Jim Erickson - Wayzata
Plymouth Soccer Club
5355 Pineview Lane
Plymouth, MN 55442
Sharon Limpert
1215 Black Oaks Lane
Plymouth, MN 55447
�_-
Georgia Fisher Karen Quast, Secy. Robert Scribner
AMBER WOODS HOA AMHURST HOA AMLAC HOA
18420 - 34th Ave. No. 4370 Juneau Lane No. 2015 Lancaster Lane
Plymouth, MN 55447 Plymouth, MN 55446 Plymouth, MN 55441
Steve Springrose
BASS LAKE IMPROVEMENT ASSN.
12505 - 58th Avenue No.
Plymouth, MN 55442
Wayne Johnson
BIRCH VALLEY HOA
11610 - 53rd Avenue No.
Plymouth, MN 55441
Garrit D. Propsma
Karen Fox
CAVANAUGH'S HOA
CHELSEA MEWS
HOA
3315 Minnesota Lane No.
1860 Zanzibar
Lane
Plymouth, MN 55441
Plymouth, MN
55447
Thomas Barker, Manager
Jerry Ford
GLEANLOCH HOA
CHELSEA WOODS HOA
CHIPPEWA TRAILS
HOA
1515 Yuma Lane
2660 Hemlock
Lane
Plymouth, MN 55447
Plymouth, MN
55441
President Joyce Brown
CIMARRON PONDS HOA CREEK PLACE COND. HOA.
P.O. Box 261 3850 Plymouth Blv., #310
Hopkins, MN 55343-0261 Plymouth, MN 55446
Feryl Hughes
Rick Wigand
CREEKWOOD HEIGHTS HOA
DEERWOOD MEADOWS HOA
12815 - 27th Place No.
11805 - 45th
Avenue No.
Plymouth, MN 55447
Plymouth, MN
55442
Pat Scherber
Jerry Derrzel
GLEANLOCH HOA
GLEASON LAKE
IMPRV. ASSN.
700 Windemere Curve
440 Comstock
Lane
Plymouth, MN 55441
Plymouth, MN
55447
Al Betchwars
Bill Terry
HARRISON HILLS HOA
HARRISON HILLS
2ND ADD. HOA
5270 Ximinies Lane
5475 Yorktown
Lane
Plymouth, MN 55442
Plymouth, MN
55442
Beverly Kottas Darrell Freitag
HERITAGE HIGHLANDS HOA IMPERIAL HILLS HOA
3380 Sycamore Lane 2320 Walnut Grove Lane
Plymouth, MN 55441 Plymouth, MN 55447
Julie Peterson Randall R. Nord
JAMESTOWN HOA KINGSVIEW HEIGHTS HOA
11290 - 50th Place No. 4420 Harbor Lane
Plymouth, MN 55442 Plymouth, MN 55446
Sandy Heinrich
BIRCHWOOD HOA
16025 - 5th Avenue No.
Plymouth, MN 55447
William Mamel
CHELSEA WOODS HOA
1705 Archer Court
Plymouth, MN 55447
Tom Lanenberg
CIMARRON EAST HOA
15040 - 20th Avenue No.
Plymouth, MN 55441
Franz Eisenbauer
CREEKSIDE TOWNHOME ASSN.
3960 Orchid
Plymouth, MN 55446
Tom Brix
FERNDALE NORTH HOA
18845 - 9th Ave. N.
Plymouth, MN 55447
Thomas Leeper
GREENTREE WEST HOA
18725 - 30th Avenue North
Plymouth, MN 55447
Richard Dunn
HAWTHORNE PONDS HOA
17815 4th Avenue No.
Plymouth, MN 55447
Val Scheglowski
IVANHOE WOODS HOA
6 Saratoga Lane
Plymouth, MN 55447
Robert Peterson
KINGSWOOD FARM HOA
335 Insland Lane
Plymouth, MN 55447
HOA - 12/12/88
Bill Dease Les Weigelt John & Sara Helge =-
LARCH LANE HOA LOST LAKE HOA MAPLEDELL/MAPLECREEK HOA
12505 - 45th Avenue No. 10530 - 40th Avenue No. 2820 Zanzibar Lane
Plymouth, MN 55442 Plymouth, MN 55441 Plymouth, MN 55447
John DeSanto
MEADOWOOD HOA
2730 Queensland Lane
Plymouth, MN 55447
John Kightlinger
MISSION HILLS/RIDGE
3715 Cottonwood Lane
Plymouth, MN 55441
Robert Johnson
OAKWOOD HILLS HOA
1815 Merrimac Lane
Plymouth, MN 55447
Bruce Banister
POMERLEAU LAKE HOA
5340 Vicksburg Lane
Plymouth, MN 55446
Roger Eggen
MIDDLE EAST HOA
9905 41st Avenue No.
Plymouth, MN 55441
Robert Bohls
HOA MISSION PONDS HOA
11245 - 36th Place No.
Plymouth, MN 55441
Mickey Wilson
SHENANDOAH HOA
2800 Terraceview Court
Plymouth, MN 55447
Manager
SUN VALLEY MOBILE HOME PARK
10717 - 10th Avenue No.
Plymouth, MN 55441
Bernadette Klein
TROY LANE HOA
1840 Troy Lane
Plymouth, MN 55447
Jim Guddal
VICKSBURG LANE HOA
4465 Vicksburg Lane
Plymouth, MN 55446
Gary Mittelbusher
PHEASANT HILLS HOA
3725 Ximines Lane North
Plymouth, MN 55441
Mary Shimshock
ROLLING HILLS PARK
4860 Union Terrace Lane
Plymouth, MN 55442
Dave Yattaw
SHOREWOOD HILLS HOA
5915 Kirkwood Lane
Plymouth, MN 55442
John Homme
TIBURON HOA
3399 Pilgrim Lane
Plymouth, MN 55441
Arne Kolbjornsen
TROY RIDGE HOA
5605 Vagabond Lane No.
Plymouth, MN 55446
Cliff Waare
WEST RIDGE HOA
4212 Goldenrod Lane
Plymouth, MN 55441
Donna Maus
MID -PLYMOUTH PROPERTY OWNERS
14130 - 40th Avenue No.
Plymouth, MN 55441
John Hatlestad
NORTHEAST PARKER'S LAKE HOA
14515 - 17th Avenue No.
Plymouth, MN 55441
Gerald G. Wilson
PINEVIEW HOA
540 Pineview Lane
Plymouth, MN 55441
Dale Taylor
SCHMIDT LAKE HOA
4715 Goldenrod Lane No.
Plymouth, MN 55442
Charlotte Johnson
SUGAR MAPLES HOA
17230 - 12th Avenue
Plymouth, MN 55447
Ed Pisarski
TRENTON PLACE HOA
4300 Trenton Lane
Plymouth, MN 55442
Ken Searl
VALE-HOFF HOA
5600 Evergreen Lane
Plymouth, MN 55442
Bill Ciora
WESTMINISTER HOA
3045 Rosewood Lane
Plymouth, MN 55441
Judy Johnson Ken Ester Tim Peterson
WILLOW GROVE HOA WINDRIDGE HOA WOOD CREEK HOA
35 Nathan Lane, #20 12635 - 54th Avenue No. 3235 N. Wellington Lane
Plymouth, MN 55441 Plymouth, MN 55441 Plymouth, MN 55441
Mary Glemming
ZACHARY LANE HOA
4900 Yorktown Lane
Plymouth, MN 55442
Sharon Dodge Marian Bohnsack
ZACHMAN HOMES HOA ZINNIA LANE HOA
14225 - 37th Place No. 330 Zinnia Lane
Plymouth, MN 55441 Plymouth, MN 55441
--7-- '-�L
.
CITY OF
PLYMOUTR
FOR IMMEDIATE RELEASE FOR MORE INFORMATION:
Eric Blank, 559-2800 ext. 265
•� a •
41 1
a►4•a
Plymouth city officials will hold a public meeting on Tues., May 16 at
7:30 p.m. in the City Center Council Chambers, 3400 Plymouth Blvd., to discuss
projected operating costs and revenues of the proposed community center.
Citizens are encourage to attend, ask questions and offer comments.
While the City Council would like to recover all of the operating
expenses for the proposed facility, this will not be possible. Therefore,
some level of property tax subsidy will be required.
City staff is preparing a forecast of the estimated revenue a community
center may reasonably be expected to generate as well as projected operating
costs. This information will be available for review at the Parks and
Recreation Department in the City Center beginning Thurs., May 11.
The five person Special Community Center Architectural Committee,
appointed by the City Council, will facilitate the May 16 meeting. Committee
members are: Council.member Jerry Sisk (Chair), Council -member Lloyd Ricker,
Parks and Recreation Commission Chair Barb Edwards, Public Works Director Fred
Moore and Parks and Recreation Director Eric Blank. City Manager Jim Willis
is an ex -officio member.
The meeting will be shown live in Plymouth on cable TV channel 37.
-30-
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
14
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May 1, 1989
Dear Home Owner:
�- 3
As you may know the City of Plymouth as of May 1st has implemented an odd -
even watering program. The City is no exception however I must explain the
Zachary playfield situation to you in the event that there are any questions.
The Zachary playfield consists of thirty-seven acres with basically two
separate watering control systems. Due to the size and the two controllers
one north and one south they both will not operate simultaneously. As a
result the north half of the playfield will be considered an even address and
the south half as odd and will be watered accordingly. It may appear as
though the playfield is being watered continually when in reality we are
adhering to the odd -even schedule via the north south address or controller
situation.
If you require any further information you may contact me at 559-2800
extension 328.
Sincerely,
Mark S. Peterson
Park Superintendent
MSP:cr
cc: James G. Willis, City Manager
Fred G. Moore, Director of Public Works
Dick Carlquist, Director of Public Safety
Eric Blank, Parks Director
April 26, 1989
Mr. Virgil Schneider, Mayor
Plymouth City Hall
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Virgil:
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101
612 222-8423
Again this year we will be hosting a series of meetings to present the
proposed Metropolitan Waste Control Commission budget for 1990.
Commissioner Paul McCarron and I are inviting you to attend the infor-
mational meeting for Precinct E which will be held at the following
time:
Date: May 16, 1989
Location: The Seasons
Hwy 242 and
Coon Rapids
Time: 7:30 a.m.
Restaurant and Lounge
Foley Blvd.
The meeting is planned to review and inform local officials, city
staff, and Metropolitan Council members who represent the area within
MWCC Precinct E. Please respond by May 9 to Eunice Groschen at
229-2110 if you will be attending. Also, please feel free to invite
appropriate staff as well.
Sincerely,
Lurline Baker- e
Chair
LBK:ls
L4
Equal Opportunity/Affirmative Action Employer
0
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: May 1. 1989
TO: Richard J. Carlquist - Public Safety Director
FROM: Steve Correll - Services Supervis�
SUBJECT DOG RELATED VIOLATION PREVENTION
Since the beginning of the year, there have been 246 dog complaints filed with the
Plymouth Police Department. As the summer months approach, the frequency of these
complaints will increase. The following steps are being implemented to pro -actively
address the issue:
1. The CSOs are being assigned to patrol trail/park areas known to attract pet
owners and their pets, and to initiate positive contacts with dog owners and
disburse pet ordinance information pamphlets.
2. The Pet in Plymouth brochure is being revised to accurately state Plymouth's
pet ordinances in a positive informative manner.
3. Mark Peterson has stated that most trails and parks and "signed" with
information on cleaning up after pets and pets on leash ordinances. Mr.
Peterson requests that the CSOs identify any other "hot spots" where pet -
related problems are occurring so that signs may be posted in these loca-
tions.
4. A brief message will be included on the Plymouth water bill at the end of
May. The message will address cleaning up after pets when off their
property.
5. Additional information has been collected for addition into the July/August
edition of PLYMOUTH ON PARADE. The information will focus on cleaning up
after pets and what defines control of a pet while on owner's property.
These steps, along with the continued efforts of the CSOs, should assist in creating
public awareness of pet ownership responsibility in Plymouth.
SC:gs
cc: Lieutenant Saba
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 12, 1989
The Regular Meeting of the Plymouth Planning Commission was
called to order at 7:30 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire, Dennis Zylla, Joy Tierney,
Michael Stulberg and Hal Pierce (arrived
at 7:40 p.m.).
MEMBERS ABSENT: Commissioner Larry Marofsky
STAFF PRESENT: Community Development Coordinator Chuck
Dillerud, Assistant Engineer John Sweeney
and Planning Secretary Jackie Watson.
MOTION by Commissioner Zylla, seconded by Commissioner
Tierney, to approve the Minutes for March 29, 1989, as
submitted.
VOTE. 5 Ayes. MOTION carried.
Chairman Plufka introduced the request of Prudential
Insurance Company/Northwest Business Campus for an Amended
Mixed Planned Unit Development Preliminary
Plat/Plan/Conditional Use Permit and Mixed Planned Unit
Development Final Site Plan/Final Plat located at the
southwest quadrant of Annapolis Circle and Campus Drive.
Chairman Plufka waived the reading of the April 3, 1989
Staff Report.
Chairman Plufka introduced Mr. Mike Gair representing the
petitioner.
Mr. Gair stated that this project is a joint venture with
Ron Clark Construction and Prudential Insurance Company.
Mr. Gair introduced Mr. Ron Clark, Ron Clark Construction,
and Mr. Ron Pentz from Prudential Insurance Company.
MOTION TO APPROVE
VOTE - MOTION CARRIED
PRUDENTIAL INSURANCE
CO./NORTHWEST BUSINESS
CAMPUS (88133)
(9)
Mr. Pentz stated that this development will be a one land
owner development owned by Mr. Ron Clark. Mr. Pentz
expressed his support of the project.
Mr. Gair stated that he would like to expand the uses for
the Service Center as stated on Page Two of the Staff
Report. He stated that the following items should include
expanded definitions: Stationery - to include art suppliers
or graphic suppliers; Card Shop - to include cards and gifts
such as Hallmark; Candy - to include bakery, pastry, ice
cream, or yogurt; Financial - to include credit union or
financial broker; Photo - to include electronic suppliers;
and Shoe Repair - to include beauty or barber.
Chairman Plufka asked whether he was including convenience
stores, retail stores and foodstuffs in his definition.
Mr. Gair replied that the development would be strictly a
service center and that no grocery stores, other than the
previously approved convenience store were proposed.
Commissioner Stulberg asked why the building plan was
changed to be just one building instead of 5 as originally
proposed.
Mr. Gair stated that this was Ron Clark's decision. Mr. Ron
Pentz stated that many developments that Prudential is
associated with have the same type of service center - one
building with many retail service centers.
Commissioner Wire stated that the building orientation on
the property may not be the best as he observed the trash
structures located near the public street would be visible.
Mr. Gair stated that landscaping would hide any unpleasant
views.
Commissioner Wire asked if there would be a service station
on the campus.
Mr. Gair stated that the service station located at the
northwest corner of Northwest Boulevard and Xenium Lane in
the 1985 plans had been relocated into the convenience
center of this site.
Commissioner Wire asked if the service station hours would
be the same as those of the Northwest Business Campus and
the balance of the proposed service center.
Mr. Pentz replied that the hours of the campus are not
given - that it operates 24 hours a day.
v
Commissioner Wire asked if the lighting for the service
center would be visible from the highway and said that if it
was not visible from the highway would it then minimize
customer traffic from the highway.
Mr. Gair stated that the lighting will match that of the
Prudential Building and will not extend beyond the property
lines. Ref1ectors will be used to cast the light downward
and there will be no floods on the buildings. Signs will be
backlit and will match the Campus fixtures.
Chairman Plufka asked if there would be one pylon sign.
Mr. Gair replied that there would be one pylon sign at the
southwest corner of the site.
Commissioner Wire stated that the previous design prohibited
tenants of the center from placing signs on I-494.
Mr. Pentz said that the subject of signage will be addressed
in a later petition to the Commission to amend the entire
Northwest Business Campus sign plan.
Commissioner Zylla stated that he did not feel the campus
alone could support the center. He did not want to see uses
so restricted that the center would not succeed.
Chairman Plufka opened the Public Hearing.
There was no one to speak on the issue.
Chairman Plufka closed the Public Hearing.
Commissioner Wire asked if a the traffic study looked at
Northwest Boulevard and Campus Drive usage.
Coordinator Dillerud reported that the traffic consultants
had suggested some improvements and some of the improvements
are already contemplated.
Commissioner Stulberg asked if the center proposed to draw
customers from the campus only.
Mr. Gair responded that the center hoped to draw from the
campus as well as the industrial business in the area.
Commissioner Zylla stated that commercial areas are
important to industrial areas and he felt it was important
for the center to pull people from outside the campus and to
expand its uses to insure success.
G) L&C>'
Commissioner Stulberg stated that the pylon sign should face
Highway 55 in order to draw additional traffic to the
center.
Coordinator Dillerud stated that a pylon visible from
Highway 55 would not be needed if this site was truly to
serve just the Northwest Business Campus.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Zylla to recommend approval of the resolution for an Amended
Mixed Planned Unit Development Preliminary
Plat/Plan/Conditional Use Permit and Mixed Planned Unit
Development Final Site Plan/Final Plat subject to the 10
conditions listed and to include a Condition # 11 to allow
additional uses as permitted in the B-2 district or allowed
by conditional use permit in the B-2 district - with a
Conditional Use Permit.
Chairman Plufka stated that B-2 usage is appropriate for
neighborhood shopping centers and is not appropriate here.
He said that the increased usage is more appropriately B-3.
Mr. Ron Clark stated that he is not interested in having
grocery sales in the center but that he had talked to users
that are acceptable in the B-2 areas that are interested.
He said that some latitude is needed because uses will
change as time goes on.
MOTION to amend the Main Motion by Chairman Plufka, seconded
MOTION TO AMEND MAIN
by Commissioner Tierney to change Condition #11 to include
MOTION
uses as permitted or allowed by Conditional Use Permit in
the B-3 area.
Roll Call Vote. 4 Ayes, Commissioners Wire and Stulberg,
VOTE - MOTION CARRIED
Nay. MOTION carried.
Roll Call Vote on Main Motion as Once Amended. 6 Ayes.
VOTE ON MAIN MOTION -
MOTION carried.
MOTION CARRIED.
Chairman Plufka introduced the Request of C. G. Rein Company
C. G. REIN COMPANY -
for a Land Use Guide Plan Amendment.
(89004)
Coordinator Dillerud presented a summary of the Staff Report
of April 4, 1989.
Chairman Plufka introduced Sherman Goldberg, representing
the petitioner.
Mr. Goldberg discussed the traffic study results and stated
that he did not feel the traffic would increase as much as
the traffic study stated. He asked who would pay for the
traffic signals that would be needed. He stated that ad
valorem taxes would not be used.
Chairman Plufka stated that the Draft Approval Resolution
stated that the traffic signals would be the responsibility
of the developer.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Paul Rodrigue of 4724
Erickson Drive.
Mr. Rodrigue stated that his concerns were trash bins in the
back of buildings such as this proposed development, the
increased traffic in the neighborhood and his desire to see
that such developments were landscaped so that they were
hidden from the neighborhood.
Chairman Plufka closed the Public Hearing.
Commissioner Wire asked if the 500 foot notice included the
homes across Nathan Lane from the church.
Coordinator Dillerud stated that it did not.
Commissioner Pierce said that relocation of the frontage
road would involve purchasing land currently owned by
Northwestern Bell.
Chairman Plufka said that his main concern was the necessity
of moving the frontage road.
MOTION by Commissioner Wire, seconded by Commissioner
MOTION TO DEFER
Tierney to recommend deferral of the petition until the
first meeting after the Public Hearing on the Land Use Guide
Plan.
Roll Call Vote. 4 Ayes, Commissioner Stulberg and Chairman
VOTE - MOTION TO DEFER
Plufka, Nay. MOTION carried.
CARRIED
Coordinator Dillerud stated that the petition would be
recalled after the Public Hearing on the Comprehensive Plan
Amendments.
Chairman Plufka introduced the request of Carlson Real
CARLSON REAL ESTATE
Estate Company for a Conditional Use Permit to allow duplex
COMPANY (89013)
structures in the R-2 Zone in the Carlson Center First
Addition.
Commissioner Stulberg excused himself from the discussion of
this item and stepped down.
Chairman Plufka waived the reading of the April 3, 1989
Staff Report.
Chairman Plufka introduced Mr. Larry Chiat of Carlson Real
Estate Company representing the petitioner.
Mr. Chiat stated that he was in agreement with the Staff
Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Timothy Myers of 550
Wedgewood Lane.
Mr. Myers stated that he was opposed to the construction of
duplex homes. He said that the current neighborhood is
single family homes and that another new development by MJM
will also be single family homes. He felt the duplex
development would cause increased traffic.
Mr. Myers also stated that in a duplex development sale of
homes takes longer and the homes generally become rental
property when the owner cannot sell them. Renters generally
do not care for the property, and rental property would
reduce the value of the single family homes.
Chairman Plufka asked Mr. Chiat why the developer had
decided on duplex homes.
Mr. Chiat stated that the property had been zoned for this
type of development.
Chairman Plufka asked if the buildings would all be of the
same design, and stated that appearance was important.
Coordinator Dillerud stated that since no site plan is
required that if appearance is important, the subject should
be addressed now.
Commissioner Zylla stated that he felt design was important,
and hoped this conversation is conveyed to the marketer, but
that he did not want to dictate design.
MOTION to recommend approval by Commissioner Zylla, seconded MOTION TO APPROVE
by Chairman Plufka for a Conditional Use Permit to construct
two-family (duplex) structures in the Carlson Center 3rd
Addition subject to the 5 conditions listed in the Staff
Report of April 3, 1989.
MOTION to amend the Main Motion by Commissioner Wire, MOTION TO AMEND MAIN
seconded by Commissioner Pierce to state in Condition #5 MOTION
that single family homes are not precluded in the
development if desired by a buyer.
v
Roll Call Vote to Amend Main Motion. 5 Ayes. MOTION to
Amend Carried.
Roll Call Vote on Main Motion Once Amended. 5 Ayes. MOTION
Carried.
Chairman Plufka introduced the request of O'Bresky
Enterprises, Inc. for a Conditional Use Permit for a Class
II restaurant in the Waterford Park Plaza Shopping Center.
Chairman Plufka waived the reading of the April 4 1989 Staff
Report.
Chairman Plufka introduced the petitioner, Daniel O'Bresky.
Mr. O'Bresky stated that he felt the requirement in the
Staff Report for 16 offstreet parking spaces was high and
from previous experience felt that 12 parking spaces are
sufficient at peak hours.
Chairman Plufka opened the Public Hearing.
Chairman Plufka closed the Public Hearing. There was no one
to speak on the issue.
VOTE TO AMEND - MOTION
CARRIED
VOTE - MAIN MOTION -
MOTION CARRIED
O'BRESKY ENTERPRISES,
INC. (89018)
MOTION by Commissioner Wire, seconded by Commissioner Pierce MOTION TO APPROVE
to recommend approval of the petition for a Condtional Use
Permit for a Class II restaurant in the Waterford Park Plaza
Shopping Center subject to the seven listed conditions in
the Staff Report dated April 4, 1989.
Commissioner Stulberg asked Mr. O'Bresky what the hours of
operation would be. Mr. O'Bresky replied that hours of
operation would be 11:00 a.m. to 2:00 a.m. - 7 days a week.
Roll Call Vote. 6 Ayes MOTION carried.
Chairman Plufka introduced the request of OPUS
Corporation/Tennant Corporation for a MPUD Final Site
Plan/Final Plat for a 25 acre portion of the Tennant
Corporate Center to include a building for Schneider U.S.A.
Chairman Plufka waived the reading of the April 4, 1989
Staff Report.
Chairman Plufka introduced Mr. Bob Worthington of OPUS
Corporation representing the petitioners.
Mr. Worthington showed the Commission a colored drawing of
the site. He then introduced Mr. Tom Tully of Schneider
U.S.A. Inc. the future occupants of the site.
VOTE - MOTION CARRIED
OPUS CORPORATION/TENNANT
CORPORATION (88146)
Mr. Tully gave the Commission a brief overview of the
company business. He also expressed how proud Schneider
U.S.A. Inc. was of the design of the building and how happy
the company was to be located in Plymouth.
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE
Tierney to recommend approval of the MPUD Final Site
Plan/Final Plat for a 25 acre portion of the Tennant
Corporate Center to include a building for Schneider U.S.A.
subject to the 12 conditions as listed in the Staff Report
of April 4, 1989.
Mr. Worthington stated his concern with Condition #3 as to
Building Permits not being issued until a Contract for sewer
and water has been awarded. He stated that the developer is
responsible for the sewer and water installation and
therefore this is not applicable.
Mr. Worthington also stated his concern with Condition #5.
He suggested that the City, when naming the streets in the
development, should look at the two parallel streets that
come together to form a loop and adjust the naming of the
street.
VOTE. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
Chairman Plufka introduced the request of Edward Nordling EDWARD NORDLING (89010)
for a Lot Division/Variance.
Coordinator Dillerud presented the March 10, 1989 Staff
Report.
Chairman Plufka introduced the petitioner Mr. Edward
Nordling.
Mr. Nordling displayed for the Commission a drawing of the
area, and proposed home which would occupy the property if
the lot division was approved. He explained how the
neighborhood had developed in the past 20 years and his plan
to divide his lot.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Gary Eitel of 12725 11th
Avenue North.
Mr. Eitel stated that he was a professional and worked with
the Cities of Rogers and Corcoran. He demonstrated how a
lot division as Mr. Nordling was requesting could be
accomplished.
0
Chairman Plufka introduced Mr. Paul Nelson of 4350 Kings
Point Road, Excelsior.
Mr. Nelson stated that he was a contractor and was
interested in building an architecturally attractive home on
Mr. Nordling's property.
Chairman Plufka introduced Mr. Bill Lapp of 12840 11th
Avenue North.
Mr. Lapp reiterated his comments from his letter sent to the
Commissioners prior to the meeting, and enclosed in the
Commission packets, regarding the failure of Mr. Nordling's
request to meet the requirements for a variance. He also
stated that he would have positioned his home, which is next
to the Nordling property, differently on his lot had he
known of the Nordling's intention to divide the property and
build another house.
Mr. Nordling stated that the proposed building would not
obstruct the view of the Lapps.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO DENY
Zylla to recommend denial of the request of Edward Nordling
for a Lot Division/Variance of his property located at 12830
11th Avenue North on findings as follow:
1. There are no special circumstances or conditions
affection this property such that the strict
application of the provisions of Section 500.21 would
deprive the Applicants of reasonable use of this land.
2. The Variance is not necessary for the preservation and
enjoyment of a substantial property right of the
Applicants.
Roll Call Vote. 5 Ayes, Commissioner Tierney, Nay. MOTION VOTE - MOTION CARRIED
for Denial Carried.
Meeting Adjourned at 11:05 p.m.
CITY OF PLYI4DUIH
BOARD OF ZONING ADJUSTMENTS AMID APPEALS
APRIL, 11, 1989
The Regular Feting of the Board of Zoning
Adjustments and Appeals was called to order at 7:30
p.m.
MEMBERS PRESENT: Chairman Anderson, Commissioners
Hoff, Naftzger, Patterson,
Tierney. Commissioner Bigelow
arrived at 7:37 p.m.
MEMBERS ABSENT: Commissioner Porzio
STAFF PRESENT: Associate Planner Al Cottingham
and Building Official Joe Ryan
MOTION by Commissioner Patterson, seconded by
Chairman Anderson, to approve the January 10, 1989
Minutes as submitted.
Vote. 3 Ayes. Commissioners Hoff, Tierney and
Bigelow abstained. MOTION Carried.
NEW BUSINESS: Chairman Anderson introduced the
Board Members and reviewed the Variance Criteria
contained in the Zoning Ordinance.
The request submitted by William Bullard for a
Variance from the minimum Shoreland Management
Setback for property located at 2025 Xanthus Lane
per the April 3, 1989 Staff Report was introduced.
Mr. Bullard noted that he had no concerns with the
staff report, however, the letter from the
Department of Natural Resources which he had
received at the meeting was of some concern to him.
Chairman Anderson inquired as to the distance
between the ordinary high water elevation and the
actual shoreline of the lake.
Planner Cottingham responded approximately 11 feet
based on the survey submitted as part of this
application.
• •. • ,...�i-
VOTE - MMON
CARRIED
wnLIAM BULLARD,
2025 XAN HUS LANE
s
•
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
Commissioner Naftzger inquired as to the number of homes
around this lake which encroach into the Shoreland setback.
Planner Cottingham noted that most of the homes probably
encroach into the setback since a majority of these homes
were constructed prior to the enactment of the Shoreland
Management Regulation in 1982.
Commissioner Naftzger inquired how many homes around this
lake had requested variances for additions which encroach
into the Shoreland Management District.
Planner Cottingham stated none he recalled.
Commissioner Anderson stated when he was at the Bullard's
home reviewing the request, Mr. Bullard noted that he wished
to have a larger deck than that which was shown on the
survey. He inquired if this was still the case.
Mr. Bullard responded affirmatively and presented a drawing
to the board showing the area of proposed expansion.
The Board discussed the location of the proposed deck versus
the location of the deck that had been torn down last fall.
The Bullards showed slides of the old deck and its location.
Commissioner Tierney inquired as to what measures would be
taken by the Bullards to help the aesthetics of the
proposed deck from the lake.
Mr. Bullard noted that they were hoping not to do any
plantings since the existing vegetation, in their opinion
was adequate.
Commissioner Naftzger pointed out to Commissioner Tierney
that the Board had not looked at aesthetics in the past when
granting variances.
Chairman Anderson stated that he was concerned as to the
visual impact from the lake with this encroachment.
Commissioner Naftzger noted his concern with meeting
Condition #2 of the Variance Criteria and finding that this
request was unique to this parcel of land.
Commissioner Patterson noted that the topography of the lot
creates a problem as to placing a slab on grade rather than
the deck. which would not require a permit from the City.
Commissioner Tierney stated the request was unique to this
lot since this home was constructed prior to shoreland
management and new homes involving shoreland areas would
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
have deeper lots in order to avoid encroachments into the
Shoreland setbacks.
Commissioner Naftzger could not see how this is unique to
this lot since many homes around this lake have the same
situation. He stated that he would not have a problem
allowing the replacement of the existing deck, but wants to
be sure a precedent is not set by allowing the expansion.
Commissioner Patterson noted other homes around the lake had
decks closer to the lake than this proposal.
Commissioner Tierney stated she did not believe that a
precedent was being set since the encroachment is no further
than the existing deck was.
Chairman Anderson expressed his concerns with approving a
larger deck than what was initially there.
Commissioner Patterson noted that without the construction
of a deck, the rear of the home was virtually useless due to
the topography of the lot and thus, they do not have
reasonable use of their land.
Commissioner Naftzger stated that he could see if no deck
was constructed then the petitioner would not have
reasonable use of the land, however, they have an existing
deck even if it is smaller than that proposed and therefore,
do have reasonable use of the land.
Commissioner Bigelow noted that the real issue is the
encroachment into the Shoreland Setback, and not reasonable
use of the land. If a precedent were set, then it was set
with the original deck and this is not a precedent since it
is not encroaching into the setback any further.
MOTION by Commissioner Patterson, seconded by Commissioner
Tierney to approve the request for a variance from the
minimum Shoreland Management setback for a property located
at 2025 Xanthus Lane for the reasons stated in the draft
Resolution.
VOTE. 5 Ayes. Commissioner Naftzger Nay.
The request submitted by Tony Eiden, Eiden Construction for
a variance from the minimum front yard setback for property
located at 520 Cottonwood Lane per the April 3, 1989 Staff
Report was introduced.
Mr. Eiden introduced Mr. Jim Orr, Schoell & Madson who
developed this subdivision.
MOTION TO APPROVE
VOTE - MOTION CARRIED
TONY EIDEN, 520
COTTONWOOD LANE
=<�'b
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
BI-- -zs -k
Mr. Orr stated this lot is a unique situation being at the
end of a cul-de-sac on top of a hill. He also stated that
one would not notice the encroachment due to the curve in
the cul-de-sac. He noted if they were to re -plat this land
all over again, they would lay it out the same way. The
grading plan submitted to the City as part of the platting
procedure showed all of the homes to be a rambler style and
that this is not a reality.
Mr. Eiden explained that he purchased four lots in this
subdivision and want all of them to have their own unique
home with no duplication. He pointed out the price range
for these homes would be around $250,000.
Chairman Anderson inquired if Schoell and Madson were the
developers of the land.
Mr. Orr responded affirmatively.
Chairman Anderson inquired if the developers looked at the
grades within this development and felt that homes could be
placed on all lots, specifically this lot, and meet the
ordinance setbacks.
Mr. Orr responded affirmatively, however, he pointed out
they did not contemplate these types of homes when they were
putting together their grading plan.
Chairman Anderson inquired if a home could be constructed
based on the approved grading plan.
Mr. Orr responded affirmatively, however, the home would
probably not match the other homes in the area.
Chairman Anderson stated that he was not sure that anything
is gained in moving the house forward on the lot.
Mr. Orr pointed out they would be saving trees to the rear
of the lot and it also allows the home to fit much better on
the lot.
Chairman Anderson asked if this home could be constructed on
this lot without a variance.
Mr. Orr responded affirmatively, however, it would require a
large amount of fill in order to accommodate the structure.
Chairman Anderson inquired if the grading of this lot were
similar to the house to the north.
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
Mr. Orr responded negatively and that the lot to the north
was substantially flatter.
Chairman Anderson inquired of Building Official Ryan whether
he had any concern with this being a buildable lot.
Building Official Ryan noted it may be more costly to build
this particular , however, the petitioner could cut down on
the depth of the home which would require less fill on the
lot. As far as being buildable, this lot would allow for
the construction of a home.
Commissioner Bigelow inquired as to why this home had such
an extensive depth versus the adjoining homes.
Mr. Eiden explained that this home was not much deeper than
the adjoining homes, however, the survey does not show the
entire home on the adjoining lot and therefore, this home
appears to be much deeper.
The Board discussed the amounts of fill needed in order to
construct the home at the required setbacks and the existing
topography and its impacts on the lot.
Commissioner Naftzger inquired if Mr. Eiden had looked at
other layouts for this lot.
Mr. Eiden responded affirmatively and pointed out that he
had looked at three or four other plans for this lot which
would not be any better than what he is proposing.
Chairman Anderson noted the petitioner should design a home
to fit the lot and not vice versa.
Mr. Eiden stated a home could be designed to fit this lot,
however, he did not believe it would be in the price range
of what he likes to build.
Commissioner Hoff inquired whether Mr. Eiden had looked at
the lots before purchasing to determine if they were
feasible for construction or not.
Mr. Eiden noted he bought the lots prior to the platting of
the land, and had no idea as to how the lots were going to
be laid out.
Chairman Anderson noted that it was a nice home, however,
the petitioner needs to minimize the encroachments into the
setbacks.
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
Commissioner Bigelow inquired of staff as to the distance
from the rear of the home to the drainage and utility
easement.
Building Official Ryan responded approximately 35-40 feet.
Commissioner Bigelow noted she liked the lay out of the home
but with a new home on a new lot, the home should be
designed to meet the setbacks. She noted that it was
difficult to justify a variance based on this issue.
Chairman Anderson noted his concern with the fact that there
would be no usable yard if the home were pulled forward on
the lot.
Mr. Eiden noted that he would rather have area in the rear
of the home than in the front.
Mr. Orr pointed out that with the home being pulled forward
on the lot, there was still a large amount of room between
this home and the homes on the adjoining lot.
Chairman Anderson stated this is correct as of today,
however, the adjoining property owners could expand their
homes out to the setbacks which would make the area seem
somewhat tight.
Commissioner Naftzger inquired if the petitioner could
design a home within his price range that would meet the
Ordinance setbacks.
Mr. Eiden responded affirmatively, however, it would require
extensive foundation work.
Commissioner Tierney expressed concern with the encroachment
being almost half of the required setback. She had
difficulty in granting approval when the petitioner had room
to work with.
Chairman Anderson noted that economics cannot be considered
a hardship in a variance case.
Commissioner Naftzger pointed out the problem appeared to be
design driven and the house should be designed to fit this
lot.
MOTION was made by Commissioner Naftzger, seconded by MOTION TO DENY
Commissioner Tierney to deny the request for a variance from
the minimum front yard setback for a property located at 520
Cottonwood Lane for the reasons stated in the draft
Resolution.
VOTE. 6 Ayes. MOTTON CARRIED. MOTION CARRIED
Board of Zoning Adjustment and Appeals
Minutes April 11, 1989
Chairman Anderson reviewed the right to appeal the Board's
decision to the City Council.
The request submitted by Pierce Fleming, DVM for an appeal PIERCE FLEMING,
to the Zoning Administrator's determination regarding the
definition of a sign per the April 3, 1989 Staff Report was
introduced.
Mr. Fleming reviewed his request noting that if you read the
Ordinance definition of a sign and apply a strict
interpretation of that, this could be looked at as signage
for the building. However, it was not his intention to have
this as a sign.
Commissioner Tierney inquired if the petitioner looked at
other locations on the site in which to put this. Mr.
Fleming responded affirmatively but due to vandalism in the
area he had concern with it being destroyed.
Chairman Anderson inquired as to the slide on top of Dolphin
Pool located to the north.
Building Official Ryan noted the City had informed them that
this was a violation and was to be removed.
Mr. Fleming stated that it was not his intention to use the
cat profile to attract attention to the business, but more
for how it would silhouette against the sky.
Chairman Anderson inquired of staff as to other options for
placing the profile.
Planner Cottingham noted the profile could be mounted on top
of the existing sign or on the wall of the building.
MOTION was made by Commissioner Bigelow, seconded by MOTION TO DENY
Commissioner Hoff to deny the appeal to the Zoning
Administrator's determination regarding the ordinance
definition of a sign and its relationship to the cat profile
for the reasons stated in the draft resolution.
VOTE. 6 Ayes. MOTION CARRIED. VOTE - MOTION CARRIED
Chairman Anderson reviewed the right to appeal the Board's
decision to the City Council.
ADJOURNMENT
The meeting adjourned at 9:10 p.m.
MINUTES
PLYMOUTH SAFETY COMMITTEE
April 26, 1989
PRESENT: Gary Pouti, Bob Fasching, Tom Nelson, Craig Bechtold, John Ward,
Dan Campbell, Eric Luetgers, Stan Scofield, Frank Boyles, Taud
Hoopingarner
ABSENT: Joel Franz
ALSO PRESENT: Dave Drugg, North Star Risk Services, Judy McMillin
I. RISK MANAGEMENT COORDINATOR -- Frank Boyles introduced Taud
Hoopingarner, Risk Management Coordinator, to the Committee.
II. OLD BUSINESS
A. APPROVAL OF MARCH 22, 1989 MINUTES
The Committee approved the March 22, 1989 minutes.
B. Report on Safety Activities
I. Fire Station III Fitness Facilities -- Frank Boyles advised he
had met with Dick Carlquist, Lyle Robinson, and Henry Branyon
(representing a local fitness facility) to discuss the various
types of fitness equipment available from vendors. Areas
discussed at the meeting include: 1) appropriate equipment to
be installed at the facility; and 2) the services which can be
expected from a vendor for maintaining the equipment and
setting up a training program on the appropriate use of equip-
ment. Frank advised that the Fire Chief is preparing specifi-
cations which are to incorporate the conclusions of the meet-
ing. He indicated that the specifications would be shared with
the committee.
2. Truck Driver Training -- Committee members shared feedback on
The truck driver training and evaluation program held on March
27 and 28. Frank advised he would be meeting with Jim Kolstad
after the meeting to review the training instructor's evaluation
report on the program. He stated that employee comments and
recommendations on the program would be forwarded to the Dakota
County Technical Institute. Dave Drugg suggested that the City
develop its own in-house truck driver/evaluation program for
future use. Frank stated that it would be his intent to run the
"hands-on" field -type truck driver training program alternately
with the classroom driver training program developed by Dave
Drugg.
PLYMOUTH SAFETY COMMITTEE
April 26, 1989
Page 2
3. Seat belt/harness system for Fire Engines -- Frank informed the
committee that a list of fire vehicles requiring shoulder
harnesses and seat belts was provided by Lyle Robinson to Jim
Kolstad. Jim Kolstad in turn had contacted two vendors on the
installation. One company, Road Rescue, indicated they would
install the seat belts and harnesses as requested. However,
because of the company's present workload, the installation
would not be immediate. Jim Kolstad will keep Frank informed as
to the progress of the installation.
4. Snow and Ice Control in City Center Parking Lot -- Fred Moore's
memorandum responding to the Safety Committee's recommendation
on snow removal around the flower garden area at the City
Center was reviewed. For economic reasons and based on past
snow removal experience with the front end loader, Fred
recommends the continued use of the front end loader for snow
removal at the City Center. Fred indicated that with the proper
operation and vehicle operator care, there is no reason not to
use the loader.
Fred's memorandum also addressed the Safety Committee's sugges-
tions on the design of future parking lots. At the March meet-
ing, the Safety Committee suggested that, for maintenance
purposes, employee input be solicited when designing city park-
ing lots. Fred advised that employees are consulted with regard
to maintenance procedures. Employee input is used in modifying
procedures and also with regard to design of future improve-
ments. However, the recommendations may be changed or amended
by the City Council when the plans are approved. Fred's memo
also noted that the City has standards that are applied to all
parking lots within the City requiring landscaping islands and
amenities to break up the large areas of asphalt.
The committee suggested that the Council be made aware of the
additional costs associated with the maintenance of parking lots
difficult to maintain because of design. Included in the costs
would be the extra maintenance time and losses incurred as a
result of parking lot design.
5. Maintenance Equipment Storage -- The committee reviewed the
memorandums from Mark Peterson, Jim Kolstad and Eric Blank on a
needs assessment for the public works facility. Frank advised
that he would be meeting with Mark, Jim and Eric to begin
discussions to develop a formalized plan and recommendations for
additional equipment storage space at the public works site.
6. Sight Obstructions -- Frank informed the Committee that the
sight obstruction at 26th Avenue and Olive Lane had been
resolved. With respect to the sight obstruction at 19th and
Ithaca Lane, he advised the the property owner had been notified
and has until May 14 to remove the sight obstruction.
PLYMOUTH SAFETY COMriITTEE
April 26, 1989
Page 3
7. Employee Right -to -Know Law -- Taud informed the committee he is
in the process of reviewing the changes in the law. From his
review, he indicated that most changes are of the recordkeeping
type. He will provide a report and draft amendments to the
City's employee right -to -know policy at the May meeting.
III. NEW BUSINESS
A. Safety Committee Member Etiquette -- Committee members discussed how
they should handle discussion of Committee accident findings and
recommendations with other city employees. Frank reminded the
members to refrain from making comments that may ultimately be
devisive in nature and undermine our safety efforts.
B. Policy regulating Traffic Control Efforts - Claim from Greg Neil --
The committee discussed the traffic control procedure used while
scraping ice from the roadway as a result of a watermain break on
Highway 101 and 3rd Avenue. Frank suggested that employees be
retrained on the City's policy regulating traffic control on city
streets and roadways.
C. Inspection of Park Facilities -- Taud informed the committee that on
April 11, the annual loss control inspection of park playgrounds and
facilities was conducted. A memorandum included in the Safety
Committee agenda lists all items noted for follow up as a result of
the inspection. Taud advised, that for the most part, the items for
follow up are not of a major problem. At the May meeting, he will
provide the Committee with a status report.
D. Consent Agenda -- The committee approved the consent agenda.
Consent items include one personal injury accident and one vehicular
accident. The personal injury accident was determined non-
preventable, and the vehicular accident, preventable. A report and
recommendation will be forwarded to the City Manager.
E. Review of Vehicular Accident -- The committee deferred action on one
vehicular accident for additional information from the vehicle
operator.
F. Review of Personal Injury Accident -- The committee reviewed one
personal injury accident. the accident was determined to be non-
preventable. A report and recommendation will be forwarded to the
City Manager.
The meeting adjourned at 9:30 a.m.
C ITV OF
PLYMOUTFF
April 28, 1989
Mr. Howard J. Osten
14720 13th Place North
Plymouth, MN 55447
Dear Mr. Osten:
I have your resident feedback form from the April 10th Town Meeting. You
state your concerns about the proposed Hennepin County Transfer Station and
you ask about the City's position.
The City has yet to receive a formal application for plan approval for the
transfer station, although we understand that should be coming shortly. The
City Council, therefore, has not had the opportunity to formally address a
specific proposal.
The City has responded to environmental reviews that are required by state law
and, at this time, we have been disappointed that the concerns raised by the
City were not fully addressed in those environmental reviews.
You should consider attending a meeting on May 1 at the Plymouth City Center
at 4:30 p.m. where Mayor Schneider will be addressing a group known as the
Plymouth Business Action Association regarding the proposed solid waste
transfer station.
Let me know if you are unable to attend, and I will see that you get a copy of
the outline of the Mayor's comments he plans to make at that meeting. You
also may contact me periodically to see if the County has submitted an
application; once an application has been submitted, it will be reviewed by
the City staff and eventually be submitted to the Planning Commission for a
public hearing.
Thank you for your resident feedback form and for your attendance at the Town
Meeting.
AE4LZV��
Blair Tremere
Director
Planning & Community Development
cc: Frank Boyles, Assistant City Manager
File
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY OF
PLYMOUTFF
April 28, 1989
= CA
Mr. and Mrs. Wanha
1174 Weston Lane
Plymouth, MN 55447
Dear Mr. and Mrs. Wanha:
1 am responding to your resident feedback form you completed at the April 10th
Town Meeting. I understand your concerns about the new commercial development
called "Vicksburg Plaza" and I recommend that you stop by the City Center to
review the plans that were approved by the City Council.
The plans will show the improvements that should be constructed by the
developer and which will be required by the city before the developer is
released from the agreement and financial guarantee we hold.
I am also aware of neighborhood concerns regarding the lighting, and
especially the lighting from the sign. The Building Official has been in
touch with the developer regarding that, and we are continuing to monitor
this.
You may wish to contact the Vicksburg Plaza developer, Mr. Richard Neslund,
who was also the developer of Cimarron some years ago, and let him know your
concerns.
Thank you for your feedback form and for your attendance at the Town Meeting.
Please call me if I can be of further assistance.
Sincerely,
Blair Tremere
Director
Planning & Community Development
cc: Frank Boyles, Assistant City Manager
Joe Ryan, Building Official
File
(pl/bt/4-89Wanha)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
q
CITY OF
PLYMOUTR
May 4, 1989
R. J. Hughes
18130 27th Place
Plymouth, MN 55447
Dear Mr. Hughes:
This letter is in response to the resident feedback form that you submitted at
the Town Council meeting on April 10, 1989. First, let me address the
information contained in the newspaper clipping. I believe the most relevant
statement contained in that article was the second sentence that states "we
are probably comparing apples and oranges". The article is focused on just
two sales out of the thousands that annually occur in the metropolitan area.
It is not possible to make any accurate caparisons or valid generalizations
from these two sales that are located in a different area than your property.
I'm certain it would be easy to find other sales that would present the exact
opposite point of view.
Generally
speaking, there are too many
checks and balances in the
property
assessment
system to allow assessors
to dramatically undervalue or
overvalue
properties
in their jurisdiction.
One of the primary goals
of the
assessor/appraiser is to insure that
similar properties are valued
equally,
and based
on sales of properties similar to yours, that have occurred
in
Plymouth,
I do not believe your property is overvalued.
I do share your concern about the increasing tax burden that is placed on
senior citizens and others that must rely on fixed incomes. Although you may
be the recipient of increasing property values, you won't receive any of these
benefits until you sell your property. In the interim, it seems that taxes
keep rising, especially in the metropolitan area.
However, the statement you made that tax relief is not available if the social
security benefits exceed $10,000, is simply not true. The primary determinant
for property tax relief is your total household income. It is true that
social security benefits are included when determining your household income,
but only if your total inane exceeds $35,000 are you excluded from property
tax relief.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
R. J. Hughes
May 4, 1989
Page 2
From the information presented in your letter, I believe you would be eligible
for a property tax refund this year. In addition, if you did not file for a
tax refund in 1988, you may be able to get a partial refund for that year as
well. If you need some assistance in filling out the forms or have any
questions regarding them, please call me at 559-2800, Ext. 216 and I would be
more than willing to help you with this matter.
Sincerely,
H. Richard Toy, CMA
Appraiser
City of Plymouth
HRT/je
cc: Laurie Rauenhorst, City Clerk
Frank Boyles, Assistant City Manager
Scott Hovet, City Assessor
-9
RESIDENT FEEDBACK FORM 'j 5 `D
l�.
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 CIt Y
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NAME OF CONCERNED RESIDENT:
ADDRESS OF RESIDENT: r
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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: --"/� G� .,
ACTION YOU DESIRE THE CITY TO TAKE:
O
NAME OF CONCERNED RESIDENT:
ADDRESS OF RESIDENT: —
PHONE NUMBER:
April 27, 1989
Plymouth City Council
City Of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Mayor: Virgil Schneider
Council Members: Lloyd Ricker, Jerry Sisk, Maria Vasiliou 6
Bob Zitur
I have enclosed a newspaper article "Shinder's moves with the
population".
Shinder's stores have a large selection of magazines, newspapers
and sports related stuff. But they also have a selection of
"Adult" magazines.
They have a very wide age group customer base from grade schoolers
to adults. I don't think the merchandise for children and teens
belongs in the same store as "Adults' magazines.
I've been listening to the council meetings and your beginning to
discuss city ordinances to try and control "Adult" pronagraphic
stores in Plymouth. I know is very difficult to draft new policies
but I think you better get busy or its going to be here before
we know it.
Also, County Road 9 west of 494 needs to be upgraded to a 4 lanes.
I know its scheduled for 1990, I hope plans are already started.
Its very difficult to make left hand turns out of Cotton Wood or
the POQ areas. Possibly control lights could be installed but
would only function during peak periods.
Work: 828-4677 8:00 to 4:30 Home: 557-0121
Thanks
Fred Lips
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CITY OF
April 27, 1989 PLYMOUTH
Mr. Mark A. Doepke
2015 Xanthus Lane
Plymouth, MN 55447
SUBJECT: YOUR APRIL 25, 1989 LETTER
Dear Mr. Doepke:
I received your April 25, 1989 letter regarding Lundgren Brothers' proposal
for Alex Riser property on Thursday, April 27, 1989. I have forwarded a
copy of the letter to Blair Tremere, Director of Planning and Community
Development for his files. Unfortunately, your letter was not received
until until one day after the Planning Commission's hearing on April 26.
Nonetheless, we have shared a copy of the letter with the City Council.
Thank you for taking the time to express your concern about this development
issue. /7
S
Frank es
Assistlint City Manager
FB:kec
cc: Blair Tremere, Director of Planning and Community Development
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
2015 Xanthus Lane
Plymouth, MN 55447
April 25, 1989
s.. . •,.. ,,,�
1
Mr. Frank Boyles
City of Plymouth
3400 Plymouth Blvd. '
Plymouth, MN 55447
Re: Lundgren Brothers' Proposal for Alex Reiser Property
Dear Mr. Boyles:
I am writing this letter because I cannot appear in person
at tomorrow's Planning Commission meeting to air my views.
I am a Mooney Lake shoreline homeowner and am very
concerned about some aspects of the proposal development,
specifically:
1) proposed dredging of the lake;
2) proposed increased capacity of sanitary sewer
overflow 'lift station;
3) proposed shoreline modification or setback
variances; and
4) the effect on usage of the lake.
The attached letter td the DNR addresses the first three
issues. Please read it in conjunction with this letter.
In summary, I oppose any modification of the lake itself or
its existing shoreline and I oppose any variances which
would have the effect of having homes built too close to
the lake.
Regarding item 4) above, I am concerned about how this new
"lakeshore property in the Minnetonka area" will be
advertised. The current restrictions on Mooney Lake usage
need to be addressed.
I am not opposed to a housing development, per se, as long
as the above concerns are alleviated.
Mr. Frank Boyles
April 26, 1989
Page 2
I ask that The Planning Commission and City Council do the
following:
1) I know that the DNR is responsible for granting
approval on the above items 1) through 3). I feel
that is the responsibility of the City Council to
go on record with the DNR as being against
dredging, etc. Please do not let jurisdictional
boundaries affect whether you go on record against
the habitat impairment. The brochures of the City
mention natural resources as one of its big
selling points! Let's not risk impairment of a
resource which benefits everyone.
2) I feel the City Council should require that
advertising for the new houses include comments on
the current horsepower limitation for boat motors
as well as the snowmobile ban.
3) Please carefully consider all the facts and
require (to the extent you can) that there will be
no damage resulting from your decisions.
I am available at your convenience to discuss these and
other issues which may arise.
Thank you for your consideration.
sincerely,
Mark A. Doepke
cc: Paul Wirtz
MAD/mc
April 25, 1989
Ms. Judy Boudreau
Minnesota Department
1200 Warner Road
St. Paul, MN 55106
2015 Xanthus Lane
Plymouth, MN 55447
of Natural Resources
Re: Lundgren Brothers' Proposal for Alex Reiser Property
in Plymouth, MN
Dear Ms. Boudreau:
I am writing you in regard to Lundgren Brothers' proposal
to dredge portions of Mooney Lake in conjunction with their
Reiser development proposal. My understanding is that the
DNR must approve or disapprove such dredging. I strongly
urge you to 1) disapprove any attempt to dredge portions of
the lake; 2) disapprove any requests for shoreline
modifications or setback variances; and 3) disapprove any
request to allow potentially more sanitary sewer overflow
into the lake.
The lagoons in the north part of Mooney Lake along with
their shoreline provide natural habitat for many wild
fowl. Furthermore,, if the lake bottom is pierced there is
a risk of severe depletion of lake water, as has happened
at least once in the past. The lake is currently at very
low levels.
I cannot believe that the DNR could allow some of
Minnesota's wetlands to be impaired or destroyed by a
developer claiming that dredging would improve or enhance
the habitat. Whose habitat? Certainly not that of the
wildlife and around the lake! Not that of existing
property owners on the lake, whose aesthetic enjoyment of
the lake would diminish and whose property values could
plummet if the lake level drops due to the dredgingl
Can Lundgren Brothers' prove beyond a shadow of a doubt
that there will be no adverse effects? Is Lundgren
Brothers willing to shoulder the potential liability should
something go wrong? Or would it be that by getting DNR
approval, Lundgren could have no liability attaching to it
whatsoever?
roe
Ms. Judy Boudreau
April 26, 1989
Page 2
Please, as a Mooney Lake shoreline homeowner, as a citizen
concerned about environmental impact, and as an individual
who believes that Minnesota's natural resources should not
be squandered for a few people's economic gain I urge you
to disapprove any proposal to dredge Mooney Lake or to
alter the existing shoreline within fifty feet of the high
water mark, or to allow sanitary sewer overflow to be
increased.
Thank you for your consideration.
Sincerely,
Mark A. Doepke
cc: Paul Wirtz
MAD/mc
\0 c,
May 1, 1989
Mr. Roy Frank Dohm
3825 Trenton Lane North
Plymouth, MN 55441
fib
CITY OF
PLYMOUTF+
SUBJECT: YOUR APRIL 23 LETTER
Dear Mr. Dohm:
Thank you for your April 23 letter about City trails. I have forwarded a
copy of it to our Park and Recreation Director Eric Blank for his
consideration during development of the park component of the City's
1990-1995 Capital Improvement Program.
For your information, the Capital Improvement Program is the document which
the City uses to plan for various public improvements and provides the
financial wherewithall to accomplish those improvements.
The five-year plan is annually updated. The annual updating for the park
component is scheduled for duly 13 at 7:30 p.m. before the Plymouth Park and
Recreation Advisory Commission. I have asked Park and Recreation Director
Blank to make a copy of your letter available to the Park and Recreation
Advisory Commission so that they will be aware of your perspective on trail
needs. I would strongly encourage you to attend the duly 13 meeting to
share your perspective more specifically with members of the Park and
Recreation Advisory Commission in order that they can determine whether an
amendment to the Capital Improvement Program is appropriate to be responsive
to your trail concerns.
For your information, I have attached
Capital Improvement Program adoption
participate in tFis important process
concerns are add sed.
Fran yles
Ass Stant City Manager
a copy of the City's budget and
calendar. I encourage you to
In hopes of assuring that your
FB:kec
cc: Eric Blank, Director of Park and Recreation
Mayor & City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
'ear Y. ns, 4 -?3-R:
2 __d "lEss 3 trai is which �=ou describe in yc r
_.,;,e_,, e..r, 't 7 see:. to be unsafe anl:: ioor substitutes for
s :e', i_=c. --__ere -is no'hin,,Ir to cel ar a"te the Circ fro-- the
eestrians. o:_:e drivers t'_ni n;,� the bicycle lane on 36 th _• v.
is a traffic lane. _ �not�, because one ran into :_:e.
a:ish! that you , ould provide a safer i?,,ay for us to wal_;
to the e:ri stingy on -ane and on 36 th ^v. ".
7i r ;"z l 7chneider ind i ca.ted that a trail vas planned fro,,!,.
Zac .- r- 1==ne only to . ?_i on 'ferrate but it would be .-Mc'Ia better
to r'_.,. -.t _.! l t e lane to it ;rill Jane E, lo
V. cC t:-d�-t r,e-ot?l_r I -ave a safer wa-, to Y.al=_ to the '-o-,-,r
:s _ _ �;; ce- ter.
Cr ?T�-, r,vrr .CF frog 30tii to 3 t:l n -V• - • l,ould
we uscful for . „ c'_ -L ldren to visit friends and r:als to school.
Class i trails to -ive so. -.e protection
i 4F
s bad _lace to ii ve for children and old
re C .eco ::se n— t _e of side',,te.l_�S*
�e E,�cc. _ eo,r�le are ::ore experl.enc ed at dodrein ; cars
;:-rY= C--= - =• i delle a;ed. reorl e are. able to hear better and
,.cveto dodr-e cars t_ -;an old Inco -^•l e r'_^ -e 7,1dC''le a ed ?:eo, 1e
_.0 r 1 ':::Gut_: are no' suff" Ci entJ_y sensitive t0 t11e needs of
"i n_cerl„',
i
,oy _'ray Doh:::
C ! t: cCun c31 E' hers
--7-- \ OC=
04/26/89
AaFTM 1990/1991 BUaZr AND 1990/1994 CAPITAL PPFCYBIENr PFCCRAM
ADCYI'ICN 0411IIAR
April 25 Personnel, contractual services, employee training, professional organization
and capital outlay request forms to departments from Finance Department.
May 15 Personnel, employee training, professional organizations and capital outlay
requests returned to Finance Department.
June 01 Staff to ccrrplete draft of 1990-1994 Capital Improvement Program.
June 01 Finance Department distributes 1990/1991 working draft budgets for departTent
review, including 1989 expenditure data through April 30. Finance Department
prepares 1990/1991 revenue forecasts including valuation, state aids, levy
limits and estimated tax capacity rate.
June 05-09 Finance Department reviews departmental requests with department heads and
supervisors.
June 19 City Council reviews draft of 1990-1994 CIP for general content.
June 20 Finance Department compiles 1990/1991 budget requests, and submits to City
Manager.
June 26-30 City Manager meets with department heads.
June 28 Planning Commission receives proposed 1990-1994 CIP.
July 12 Planning Department publishes public hearing notice for 1990-1994 CIP.
July 13 PRAC reviews 1990-1994 Park ccrrponent of CIP.
July 17 City Council sets public hearing date for 1990/1991 City Budgets.
July 26 Administration publishes notice of Council Budget Hearing.
July 26 Planning Commission holds public hearing on,proposed 1990-1994 CIP.
July 27 Citv Manager submits prgposed 1990/1991 Budgets to City Council.
July 31 City Council Budget Study Session I - 7:00 p.m., City Council Chambers
Aug. 14 City Council Budget Study Session II - 7:00 p.m., City Council Chambers
Aug. 09 Planning Cormrission reconmends adoption of 1990-1994 CIP by City C'.ounciI-
Aug. 21 City Council public hearing on 1990/1991 City Budgets.
Aug.
28
City
Council
Budget
Study Session
III
- 6:00 p.m., City Council Cliarbers
Sept.
11
City
Council
adopts
1990-1994 CIP
and
1990/1991 City Budgets
Oct. 02 City Council orders preliminary engineering reports for 1990 public
inprovarent projects.
May 3, 1989
Mr. Gerry Chmielewski
12410 - 26th Ave. N.
Plymouth, MN 55441
Dear Mr. Chmielewski:
fs
CITY OF
PLYMOUTF+
Mayor Schneider has asked me to repond to your recent letter. I will do so
in the order in which your observations were raised.
The City hires street sweeping crews from private firms to sweep our streets
twice annually. The general practice is to conduct street sweeping
operations after the watermains in the area have been flushed. We seek to
follow this approach in order to minimize the draw on the neighborhood water
lines from fire hydrants to fill the sweepers. Occasionally when we make
such use of the hydrants, the water is disrupted and there may be some
"rusty" water complaints. In the case of 26th Avenue, the Street Division
crews and the contractor were getting ahead of the watermain flushing and
therefore, the sweeping was not completed along the entire length of 26th
Avenue. By the time you receive this letter, the street sweeping on 26th
will probably be complete.
Regarding the "new Plymouth city dump," I asked the City Street Division to
check out the area thoroughly and to remove debris that may be either within
the public right-of-way or on public property. The Street Superintendent
has looked at the area east of Magnolia on the south side of 26th and
reports only a minor amount of debris. If you believe we have not located
the area that you have in question, please let me know.
The citizen comment line was discontinued because, quite frankly, there were
very few calls placed to it. We are currently using the same line, however,
for information sharing on the City's water sprinkling restrictions. If you
have a complaint or observation you would like to register with the City,
please do not hesitate to call me or my office.
Your letter goes on to raise certain questions regarding the City's utility
bill and specifically, refers to a letter that appeared in the paper from
Mr. William L. Benson. I am enclosing a copy of a letter sent to Mr. Benson
In response to his correspondence.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Mr. ferry Chmielewski
May 3, 1989
Page 2
With regard to your property taxes, I am informed that you purchased your
home on duly 28, 1982 reportedly for a price of $67,500. The valuation
assigned to your property by the City Assessor's office is still below that
figure. Below is a recap of your home's market value and taxes payable
during the past several years.
Assessment
Tax
Year
Total Value
Payable Year
Taxes
1984
$59,800
1985
$479.20
1985
$60,000
1986
$592.22
1986
$60,000
1987
$507.56
1987
$64,000
1988
$567.52
1988
$66,800
1989
$686.98
1989
$67,000
1990
?
Please note that these property taxes are for all local government
jurisdictions including the City. In 1989, for example, the City will
receive about $100 (15%) of your total property tax bill.
Thank you for sharing your concerns with us. If you have any additional
questions regarding the City or its services, please do not hesitate to
contact me.
Yours truly,
4a s G. Willis
Manager
JW:kec
attachment
cc: Mayor & City Council
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I'm just reviewing my waw,
sewer, lighting bill because
money is really tight for us, and
rm finding out that they charge
an adnninistrative fee for sewer
and a separate one for water.
We know that one meter
reading can determine which
e s6 cost is. Why isn't this done
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son a salary to think of different,
ways ai CmDong our Payer
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CITY OF
PLYMOUTR
April 6, 1989
William L. Henson
14615 44th Avenue North
Plymouth, MN 55446
RE: YOUR LETTER M THE PLYMOUTH CITY COUNCIL REGARDING WATER AND SEWER
CHARGES
Dear Mr. Henson:
I have reviewed your letter to the Plymouth City Council Members and would
like to respond to your various questions.
Your first question, why do we have two administrative charges, one for sewer
and one for water when one water meter can deternine the cost for both? It is
true, one meter can determine the cost for both, however, we have many
customers in the City of Plymouth that have connections only to city water or
only to city sewer. Because of this, we have determined the cost breakdown
that is applicable to each service. This account charge is a campilation of
all costs involved in the normal maintenance, ccoWter time, supplies,
personnel costs, and other contractual services necessary to service utility
accounts. These costs are then annualized and divided by 12 for the monthly
billings. If the City were to only bill quarterly, these costs would then be
divided by 4 and the total for the year would still remain the same.
Your second question, why isn't the billing done quarterly? Presently, the
City is billing approximately 3 to 4 weeks after the service is provided to
the citizens for both water and sewer. If the City were to go to a quarterly
billing process, the water and sewer rates would need to be increased to make
up for the difference in the cash flow loss. Par wwTle, on the first of
each month the City of Plymouth makes a payment to Metropolitan Waste Control
Commission for $165,700. This pewynmt is made for Plymouth's share of the
sewage treatment costs at Pigs Eye Island. Similarly, the City incurs large
electrical bills for the pumping of the water and rvnminng of the various lift
stations throughout the City. Tb bill these services on a quarterly basis,
would require the City to "up front" the honey for these costs for a longer
period of time and therefore require rate increases.
The street lighting charge on your billing is the monthly billing for the
street lights provided in your neighborhood. These street lights were
petitioned by the owners of the property to be installed and billed back to
the individual residents. Not everyone has a street light directly in front
of their home, and in sane cases, the light may be at the end of the block
with all residents sharing in the benefit and the cost.
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
1-7�\O�
The debt service charge shown on your billing is to pay for the servicing of
the debt for the treatment facility used for treating City sewage. The
charges for water, sewer and street lighting services provided by the City are
not subsidized by your property taxes.
I hope I have clarified many of your concerns arra I assure you, we are not
looking for ways of clipping the paychecks of our citizens, but merely
charging for the actual costs of providing the service. If you need further
explanation on these services, please feel free to call me. My number is 559-
2600, extension 279.
Sincerely,
, e - 4-ki
Dale E. Hahn
Finance Director
g-D'(frA.
CITY OF
May 3, 1989 PUMOUTR
Mr. William L. Benson
14615 - 44th Avenue North
Plymouth, MN 55446
Dear Mr. Benson:
I am responding to your recent letter in which you follow-up on a previous
letter written to the City regarding your sewer and water bill.
I appreciate your frustration with respect to the high property taxes with
which we, the suburban communities, are confronted. The property taxation
system in Minnesota has been established by the State Legislature. During
the past two legislative sessions the Legislature has conscientiously taken
actions which shift greater property tax burdens on homes of higher value.
These homes are predominately located in the Twin Cities suburban
community. As a practical matter, property tax bills in the western
suburban communities are four or five times higher than those of most
outstate homeowners who receive similar levels of service.
Your letter suggests that people who live in Maple Grove pay a third less
taxes than we do here in Plymouth. I asked the City Assessor's office to
check into that to determine whether or not that was, in fact, the case.
For comparative purposes we have used your property. I am informed that you
have a mid -year homestead only which, for taxes payable in 1989, means that
you receive only half the normal homestead amount. The taxes payable on
your property for 1989 are $4,005.73. If your same property were located in
Maple Grove, and within the Wayzata School District, those taxes would be
$4,164.35. However, because a large proportion of Maple Grove is located in
the Osseo School District, it is likely your home would be located there.
If that were the case, your 1989 property taxes in Maple Grove within the
Osseo School District would $4,311.08. You can see, in either case, the
property taxes in Maple Grove are higher.
You also raised questions about the magnitude of our utility bills as
compared to those in Maple Grove. Your most recent utility bill from
Plymouth totals $19.70, including $1.56 for street lighting. The same
amount of service in Maple Grove, based upon their billing structure, would
yield a bill of $20.43.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Mr. William Benson
May 3, 1989
Page 2
I recognize that different cities structure their utility charges in
different fashions. The bottom line, of course, is that revenues must be
generated from the users to cover the operating expenses if the systems are
to remain solvent. In Plymouth the sanitary sewer and water utilities are
both operated separate from our other governmental functions and do not
receive, nor require any public property tax support.
I hope the foregoing will provide you with a better understanding of the
comparability of property taxes and utility rates implementation compared to
Maple Grove. If you have any additional questions regarding this matter,
please do not hesitate to contact me.
Yours truly,
mes G. Willis
Ci y Manager
JW:kec
cc: Mayor & City Council
Dale Hahn, Finance Director
CITY COUNCIL INFORMATIONAL MEMORANDUM - ADDENDUM
May 5, 1989
FOR YOUR INFORMATION ....
1. HOLIDAY LAWSUIT -- The City lost!
Attached is the Judge's Order which relieves Holiday from any
restrictions with respect to its operating hours. The Judge's Order
is quite clear and the City Attorney and I do not believe there is
any basis upon which a successful appeal to the order could be
undertaken. (I-1)
2. SUPERCYCLE -- SuperCycle has indicated that they will be terminating
collections in Plymouth at the end of the month. According to their
Vice President, Tom Glander, they have been confronted with an
untenable situation over which they have little control. As a
result of this situation, they plan to terminate their business and
liquidate their equipment. They have indicated to us the desire to
try to work with us in order that they can continue to provide
service for an additional sixty days.
The basic problem appears to revolve around the waste paper issue.
There is not a stable market for the product and therefore, no
stable revenue stream. Recently they have also been confronted with
having to pay disposal costs for paper, running up to $50,000 per
month. Tom Glander indicated that they had sought to sensitize
Hennepin County officials to this problem, but are perceived by the
County as trying to raise their fees.
SuperCycle has already entered into discussions with Ramsey County
for the sale of most, if not all of their equipment. Ramsey County
is interested in acquiring the equipment in order that it may be
used by the County and/or the municipalities within Ramsey County to
continue their curbside recycling collections. Ramsey County is
not, however, interested in extending the use of that equipment to
Hennepin County.
Dick Pouliot attended a meeting today, attended by officials of
Hennepin and Ramsey County, as well as numerous other cities. The
purpose of this meeting was to discuss the status of the SuperCycle
matter. At that meeting it was confirmed that Ramsey County was
considering the purchase of the equipment from SuperCycle. Ramsey
officials wanted to know whether or not Hennepin County officials or
cities in Hennepin County were interested in purchasing these assets
with them. We indicated that were not interested.
CITY COUNCIL INFORMATIONAL MEMORANDUM - ADDENDUM
May 5, 1989
Page 2
Hennepin County has called a meeting of its Solid Waste Task Force
for Monday morning. Dick Pouliot will be attending that meeting and
I expect to have more information available to share with you Monday
afternoon.
3. NEW CITY ENGINEER -- Dan Faulkner has accepted the position of City
Engineer. He will begin his duties on June 6, 1989, after ending
his current employment as City Engineer with the City of Lenexa,
Kansas. Lenexa, with a population of 32,000, is within the Kansas
City metropolitan area. Previous to his employment with Lenexa, Dan
worked for the City of Kansas City, Missouri, for five years as
Transportation Engineer, and then for three years as Plans Review
Engineer. Dan's prior municipal experience provides him with an
excellent background in public works and city engineering.
4. PARK MAINTENANCE SUPERVISOR -- Dan Heitke has been appointed to the
new position of Park Maintenance Supervisor. This position was
approved by the Council in the 1989 budget. Dan has been with
Plymouth for nine years, serving first as Park Maintenance Person
for five years, and most recently, as Park Maintenance Leadperson.
Dan's appointment was effective May 1, 1989.
5. BASKETBALL STRUCTURES -- Attached is a report from Laurie Rauenhorst
on the current status of all known basketball structures in the
public right-of-way. (I-5)
6. TRAFFIC ENFORCEMENT DETAIL -- In response to speeding complaints,
the Police Department conducted a four one and one-half hour special
radar assignments on 45th and 46th Avenues from Zachary to Nathan
Lane. Attached is a report from Lt. Paulson giving a breakdown of
the number of vehicles and speed categories.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Lyndale Terminal. Co. and
Holiday Stationstores, Inc.
Plaintiffs,
v,
City of Plymouth,
Defendant.
OTHER CIVIL
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Court File No. 88-10088
ORDER
The above -entitled matter came before the undersigned
on February 3, 1989, pursuant to the motion of plaintiffs for
partial summary judgment. Steven K. Champlin, Esq., appeared
on behalf of the plaintiffs; James J. Thomson, Jr., Esq.,
appeared on behalf of the defendant.
Based on all the files, records, and proceedings herein,
and the Court being fully advised,
IT IS ORDERED,
1. Plaintiffs' motion for partial summary judgment
is granted.
2. The Court finds that the defendant's attempt to
restrict the operating hours of the Plymouth Holiday Plus Store
owned by plaintiffs is invalid and beyond the power of the
defendant because defendant has not imposed the restriction
by uniform ordinance, the restriction is inconsistent with
Zs
defendant's own zoning ordinance, the resolution imposing the
restriction fails to set forth a principled basis of review
for the Court to determine if defendant is applying its standards
in a lawful,l.y uniform and fair manner, and defendant's refusal
to lift the operating hours restriction on the Plymouth Holiday
Plus Store is arbitrary and capricious.
3. Plaintiffs are not bound by the operating hours
restriction contained in Resolution No. 83-354 adopted July 11,
1983 in connection with the approval of the site plan for
Plaintiffs' Holiday Plus Store in Plymouth, Minnesota.
4. Plaintiffs have alleged constitutional violations
of their right to equal protection and entitlement to attorneys'
fees and costs herein. Those claims are not determined by this
order.
Dated: 1989
LET JUDGEMENT BE ENTERED ACCORDINGLY.
Judge Rb ert G. Sc ie e e n
- 2 -
MEMORANDUM
The parties have submitted a motion for partial summary
Judgment pursuant to a stipulation which incorporates a number of
documents. The court has made a detailed review of the
stipulation, including each of the documents incorporated by
reference. In addition, the Court has examined the memoranda of
the parties and the supporting authority, including a number of
out of state authorites cited on behalf of defendant. This court
concludes that there is a sufficient basis upon which to make a
determination of the merits of the motion and no additional
factual inquiry is either appropriate or necessary.
Since there are no genuine issues of material fact, summary
judgment is appropriate. Holiday Acres No. 3 V. Midwest Federal
savings & Loan Association of Minneapolis, 308 N.W.2d 471, 480
(Minn. 1981).
This court is not going to make a detailed recitation of the
stipulated facts. Clearly the city of Plymouth imposed a
condition on plaintiff's store operating hours in conjunction
with approval of the site plan. Admittedly, the property where
the Holiday store was constructed was zoned H-2, and the
operation of the store and the merchandise offered for sale was a
permitted use. The zoning ordinance dial not limit the hours of
operation of a permitted use in a B-2 zone.
In Minnesota, however, a municipality has no
inherent power to enact zoning regulations.
A municipality receives power to zone only by
legislative grant of authority by the state.
Minn.stat. sec. 462.357 (1980); Denney v.
city of Duluth, 295 Minn. 22, 26, 20N.W.20
892, 894 (1972). In exercising such a
delegation of power, a municipality cannot
Z \•
exceed the limitations imposed by the
enabling legislation, Reilly Tar & Chemical
Corp. v. City of St. Louis Park, 265 M nn.
295, 300, 121 N.W.2d 3§31 396"(1963).
',Costley v. Caromin House, Inc., 313 N.W.2d 21, 27 (Minn. 1981).
Finally, a zoning ordinance is in derogation
of the common law and should be construed
strictly against the city and in favor of the
property owner, Frank's Nursery Sales Inc.
v. City of Rosevil e, 295 N -W-20 at 608. 3
R. Anderson; American Law of Zoning, sec.
16.02 at p.4 (2rAe To be effective
any restriction on land use must be clearly
expressed.
Chanhassen Estates Res. v. City of Chanhassen, 342 N.W.2d 335,
340 (Minn. 1984).
The Court further observed:
Authorization of a given use by special or
conditional use permit reserves to the city
the discretion to consider the proposed use
in the light of the general welfare and the
city's planning goals. Nevertheless, denial
of a conditional use must be based on
something more concrete than neighborhood
opposition and expressions of concern for
public safety and welfare. (citations
omitted).
on the other hand, when a city designates a
specific use as permissible in a particular
zone or district, the city has exercised its
discretion and determined that the permitted
use is consistent with the public health,
safety, and general welfare and consonant
with the goals of its comprehensive plan.
Chanhassen, 342 N.W.2d at 340.
The cases cited by defendant are distinguishable on the
basis that they involve situations of a special or conditional
use and the ordinance reserved to the municipality the discretion
to consider the proposed use in the light of certain specific and
2
defined criteria. Other cases are distinguishable on the basis
that the particular state has adopted or enacted a different
scheme for the regulation of land use and the delegation of
authority to governmental subdivisions.
This Court specifically rejects the claim that the act of
setting conditions is separate and distinct from the
determination as to whether or not a permit should be granted or
denied. Defendant contends that although it was obliged to
approve plaintiff's petition, in view of the applicable zoning on
the property, it may attach conditions which are not specified in
the ordinance or related to the site plan. This is not the law
of Minnesota.
It is readily apparent that a municipality could nullify any
applicable zoning by attaching onerous conditions. No right to
attach conditions is reserved nor are any criteria specified in
the ordinance to be used as a basis for the imposition of
conditions.
The use contemplated at the time of the application and the
use to which the property has been put over the years was a
permitted use under the applicable ordinance. The ordinance
failed to provide for the limitation of hours of operation.
The City's reference to the variety of goods offered for
sale by plaintiff at its facility is neither relevant nor
material to the court's determination inasmuch as the full array
of products sold are a permitted use under the ordinance.
The City seeks to rely upon the approval of the site plan as
3
a basis upon which to attach a condition regarding hours of
operation. First, there is no evidence that the hours of
operation were related to considerations of noise, light or
traffic. Even on hindsight the City has failed to demonstrate
that the property has been operated so as to contravene any
ordinance with respect to light or noise. similarly, there is no
showing with respect to either noise or light that the hours of
operation would have any effect.
The only facts relative to conditions of noise and light on
the premises were furnished by experts retained by the plaintiff,
which have not been controverted by any competent evidence or
facts on the part of the defendant municipality. In addition,
the parties concede that the improvement of roadways in the
vicinity of the property have and will make a substantial
contribution toward additional light and noise, which would
obscure any additional light or noise that might be generated by
24-hour a day operation.
Perhaps most significantly the limitation is unrelated to
the site plan. It appears to the Court that the most succinct
statement of the law applicable to site plans is contained in the
letter dated November 5, 1987, by the attorney on behalf of the
City of Plymouth:
Section 8, Subd. G, 2 of the Plymouth Zoning
ordinance sets forth various performance
standards relating to the physical
characteristics of the site itself. Any
condition imposed by the city on the site
plan must be reasonably related to the
standards set forth in the section. For
example, the City may impose restrictions on
V
the type of lighting to comply with the
performance standards set forth for glare in
the Zoning Ordinance. To impose a
restriction on the hours of operation, the
restriction must reasonably relate to some
aspect of the site itself rather than the use
of the property....
The fact of the matter is, the condition imposed is
unrelated to any characteristic of the property and is an attempt
by the City to impose a restriction on use of the property not
contained in the ordinance.
Recently, in Chase v. City of Minneapolis, 401 N.W.2d 408
(Minn. App. 1987), the Court of Appeals reviewed the law
applicable to applications for permitted or conditional use
requests. The Court in Chase cited with approval a quotation
from Chanhassen Estates, supra:
Review of an application for a permitted use
need go only to the applicant's compliance
with the specific "requirements, regulations
and performance standards" prescribed by the
ordinance. subject to such compliance,
approval of a permitted use follows as a
matter of right.
A conditional or special use permit may be
denied for reasons relating to public health,
safety and general welfare.
Nevertheless, denial of a conditional use
must be based on something more concrete than
neighborhood opposition and expressions of
concern for public safety and welfare.
Chase, 401 N.W.2d at 412.
A review of all the submitted material, including the
reports of the lighting and sound experts, the evaluation of the
request by the City Attorney's staff, the minutes of the City
Council and Planning Commission, fails to disclose a concrete
5
tactual basis for the limitation in hours of operation other than
to appease neighborhood opposition.
Chase, supra, further observed:
The standard of review in all zoning matters
is whether a municipality's action was
reasonable and not arbitrary or capricious in
the light of the applicable zoning
ordinances. Horbal v. CjtX of Ham Lake, 393
N.W.2d 5, 7(Minn. App. 1986). When a
municipality states reasons for denying a
building permit, a reviewing court may
reverse the decision if the reasons are
legally insufficient or if the decision is
without factual basis. Amoco Oil Company v.
City of Minneapolis, 355 N.W.2d 115, 117
(Minn. App. 1986).
Similarly,
Whan a subdivision oi:diiihl«t� 0jPt:V1LiWV
standards to which a proposed plat must
conform, it is arbitrary as a matter of law
to deny approval of a plat which complies in
all respects with the subdivision ordinance.
Odell v. city of Eagan, 348 H.W.2d 792, 796 (Minn. App. 1984).
The appropriate standard of review in all zoning cases is
"whether the zoning authority's action was reasonable." Honn v.
City of coon Rapids, 313 N.W.2d 409 at 416-417 (Minn. 1981).
Further,
In Hann, the Supreme court held that a local
zonTn—g authority must: At a minimum, have
the reasons for its decision recorded or
reduced to writing and in more than just a
conclusory fashion. By failing to do so, it
runs the risk of not having its decision
sustained.
City of Barnum v. County of Carlton, 386 N.W.2d 770, 775 (Minn.
App. 1986).
The City of Plymouth advances four reasons for the refusal
0
to delete the limitation on hours of operation:
1. The facility represents a retail operation which
includes a range of merchandise much broader than that offered in
grocery stores.
The operation and the range of merchandise offered is a
permitted use under the applicable zoning.
z. The limited hours of operation were originally set to
reduce the site impact, including noise and light, upon the
residential neighborhood and the circumstances have not changed.
There is no indication that the hours of operation were
limited other than by plaintiff's application at the time.
Admittedly, the operation complies with the requirements of the
applicable ordinances, including noise and light. The impact of
the development of County Road 9 has impacted upon both the noise
and light. As plaintiff observed, any additional noise or lights
is dwarfed by the additional light and noise generated by county
Road 9.
3. Approving this request could set an undesirable
precedent regarding other commercial uses where it has not been
determined hours are needed to mitigate site impact.
Again, it is undenied that other stores in Plymouth
operating in a B-2 zone are in operation 24 hours. It would
appear if any precedent has been established, it was already
established before plaintiff's request for 24-hour operation.
4. The original approval under Resolution No. 83-354
approving the site plan in this action is consistent with the
7
November 5, 1987, opinion by the City Attorney.
This is, at best, a bootstrap argument which has no legal
significance.
An analysis of the stipulated facts discloses that the
decision is unreasonable, arbitrary, capricious and lacking in a
factum. basis.
Finally, defendant, on the basis of Crystal Green v. City of
Crystal, 421 N.W.2d 393 (Minn. App. 1988) claims that plaintiff
is precluded from requesting a change in the hours of operation.
Crystal Green is distinguishable from this situation on a number
of grounds. The developer in Crystal Green protested the taking
prior to plat approval but acquiesced in order to obtain the
benefit of approval. Here, Holiday's initial application limited
the hours ultimately imposed as a condition. The so-called
benefit conferred in this case was one to which the plaintiff was
entitled as a matter of law. The zoning was appropriate,
plaintiff complied with the applicable ordinances and the site
plan. Under those circumstances it can hardly be Contended that
there was any bargained -for relinquishment of plaintiff's claim
to unlimited hours of operation. In addition, plaintiff asserts
rights in keeping with other persons similar situated based upon
ordinances and specifically articulated policy decisions by
defendant. This is not a case where plaintiff seeks to "have his
cake and eat it, too."
It would appear to the Court that neither the doctrine of
B
waiver 1/ nor estoppel 2/ is applicable to this situation.
in conclusion, to permit municipalities to exercise the
unrestrained discretion proposed by defendant would lend dignity
to government by whim and caprice.
LET THIS MEMORANDUM BE MADE PART OF THE FOREGOING ORDER.
R.G.S.
1. A waiver is ordinarily an intentional relinquishment or
abandonment of a known right or privilege. waiver implies
relinquishment of a legal position and is effected by the act of
waiving or by insisting on some right, claim or privilege. To
establish waiver of a known right, it must be proved that the
party charged with waiver knew of the right and intended to
relinquish it. 20A Dunnell Minnesota Digest, Waiver sec. 1.00
(3d Ed., 2nd series, 1981).
2. Equitable estoppel has been defined as the effect of a
party's voluntary conduct by which the party is absolutely
precluded, both at law and in equity, from aaaerting rights that
might otherwise have existed, either of property, of contract or
of remedy as against another person who has in good faith relied
on the party's conduct, who has been led by that conduct to
change his position for the worse and who acquires some
corresponding right, either of property, of contract, or of
remedy. SB Dunnell Minnesota Digest, Equitable Estoppel sec.
3.00 (3d Ed. 2d Series, 1981).
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: May 4, 1989
= s .
TO: James G. Willis, C'ty Manager
FROM: Laurie Rauenhorst City Clerk, through Frank Boyles, Asst. City Manager
SUBJECT BASKETBALL STRUCTURES IN THE RIGHT-OF-WAY
On March 6, 1989 the City Council adopted a policy governing placement
of basketball structures in the public right-of-way. The policy
provides a permit system for owners with structures existing as of
March 6. No further basketball structures may be erected after March 6.
Through a City-wide inventory, 40 property owners were identified as
having a basketball structure in the right-of-way. Each was mailed a
letter describing the Council's concerns, a copy of the policy and an
application form. As a result of the policy, an additional six
basketball structures were identified. Of the total, 18 owners
submitted an application form, 9 of which included all required
information - $10 fee, certificate of insurance naming the City as
additional insured for general liability coverage in the amount of
$600,000, and a drawing showing the basketball structure location. Six
applications are still pending receipt of an insurance certificate. The
remaining three elected to drop their permit request.
The policy provides that if a permit is not obtained, the basketball
structure must be removed by the property owner by June 1, 1989. If
this has not been accomplished, it will be necessary for the City to
remove the structure at its expense. We have established the following
schedule for removal of basketball structures:
May 15 City Clerk writes to those owners who have not secured a
basketball structure permit to advise that they must be
removed within 14 days, or June 1.
June 1 City crews begin removing and confiscating basketball
structure.
Ongoing City Clerk monitors permits issued, including sending
renewal notices. If ownership changes or the permit
lapses for any reason, the owner will be notified to
remove the structure within 14 days.
5/4/89
Following is the current status of all known basketball structures in
the City:
Permits Issued
18205 3rd Avenue North (Boris)
5761 Oakview Lane (Darth)
1760 Ranier Lane (Wozniak)
11505 38th Avenue North (Wennerlind)
11305 39th Avenue North (Confeld)
5510 Rosewood Lane (Falk)
12400 48th Avenue North (Best)
1295 Sycamore Lane (Anderson)
18320 31st Avenue North (Boegel)
Permits Pending
2945 Everest Lane (Minner)
10535 49th Avenue North (Berozoysky)
10310 27th Avenue North (Galovan)
12955 30th Avenue North (Curran)
3725 Evergreen Lane (Scheer)
4020 North Cottonwood Lane (Peterson)
No Permits Issued - Structure to be Removed
10515 31st Avenue North (Heggen)
4775 Pineview Lane (Peterson)
14620 7th Avenue North (Kohn)
13030 12th Avenue North (Tapper)
19025 26th Avenue North (Seleen)
17100 28th Avenue North (Tiseth)
12105 29th Avenue North (Pouliot)
12110 29th Avenue North (Hickman)
14650 40th Place (Moen)
14640 40th Place (Thompson)
11430 41st Avenue North (Metro)
11440 41st Avenue (Dematthew)
11600 41st Avenue (Nathanson)
10815 53rd Avenue (Pheasant Trails Investors)
13035 56th Avenue (Dering)
3870 Balsam Lane (Dingles)
3880 Balsam Lane (Hymes)
3885 Balsam Lane (Brusuen)
405 Brockton Lane (Niederman)
14435 40th Avenue North (Anderson)
5225 Cottonwood Lane (Simmon)
2825 Holly Lane (Urcheck)
3035 Jewel Lane (Calverley)
4930 Magnolia Lane (Chose)
5910 Norwood Lane (Kelley)
5920 Norwood Lane (Reynolds Const. Co.)
4905 Oakview Lane (Krause)
2820 Ranier Lane (Bluhm)
3055 Rosewood Lane (Moore)
4M amore
eLanee (`U�Thlan� )
MEMO
CITY OF PLYMOUTH
'400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 3, 1989
TO: Dir actor Carlquist
FROM: Lt. Dennis Paulson
SUBJECT: SEL.17CTIVE TRAFFIC ENFORCEMENT
S.E.A. #89-4 45th/46th -Zachary to Nathan Lane
Four one and one-half
hour
stationary
radar
assignments
have
been completed
in
response
to the
speeding complaints in
this
area. Traffic
in both
directions was clocked
during
this
assignment.
Assignments
were
made during
the normal morning
and
evening rush
hour
periods.
MPH
20/Less 20125
26130
31135
36140
41145
46150
51155
04-25-89 AM
Cars/Misc:
00
08
95
61
07
00
00
00
Trucks/Buses
00
03
00
00
00
00
00
00
04-25-89 PM
Cars/Misc:
00
14
94
70
02
00
00
00
Trucks/Buses
00
00
00
00
00
00
00
00
04-26-89 AM
Cars/Misc:
00
00
64
48
13
00
01
00
Trucks/Buses
00
01
00
03
00
00
00
00
04-26-89 PM
Cars/Misc:
00
01
45
111
00
00
00
00
Trucks/Buses
00
00
00
00
00
00
00
00
SUMMARY: 2()/Less
20/25
26/30
31/35
36/40
41/45
46/50
51/55
Cars/Misc:
00
22
298
290
22
00
01
00 =
633
Trucks/Buses:
00
05
00
03
00
00
00
00 =
008
641
Percentage:
.00
.05
.46
.45
.04
.00
.00
.00 =
100
VIOLATIONS- Tags issued:
03 Warnings: 00
-3o