HomeMy WebLinkAboutCouncil Information Memorandum 05-26-1989CITY OF
PLYMOUTI+
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
RECYCLING CASH DRAWING
May 25: $500 WILIER
Richard Graber
4835 Yorktown Lane
Next Week: $100 Cash Award
UPCOMING MEETINGS AND EVENTS.....
1. MEMORIAL DAY -- Monday, May 29. City offices closed.
2. NEXT COUNCIL MEETING -- Monday, June 5, 7:30 p.m. Regular City
Council meeting. A Council study sessin will begin at 5:00 p.m. in
the Council conference room.
3. PLANNING COMMISSION STUDY SESSION -- Wednesday, May 31, 7:30 p.m.,
City Council conference room. M-3)
4. HRA MEETING -- Thursday, June 1, 6:30 p.m. The Plymouth Housing and
REdevelopment Authority will meet in the City Council chambers.
Agenda attached. (M-4)
5. CALENDARS -- Meeting calendars for June and July are attached.
(M-5)
FOR YOUR INFORMATION....
1. RECYCLING - Tuesday I contacted each member of the City Council to
discuss with them the status of our seeking to find a successor to
SuperCycle. SuperCycle's last day of collection will be May 31, a
Wednesday.
Dick Pouliot has been in contact with Minnetonka and Golden Valley.
Jointly the three cities have worked with Waste Management Company
to develop an agreement by the terms of which the three cities would
retain Waste Management for recycling collections for a period of 18
months. The primary advantage to this arrangement would be to
ensure an orderly transition from SuperCycle to another collector
who has the fiscal capacity and staying power.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
Page 2
The cost of the new arrangement would $1.85 per month per stop for
the 13,000 stops in Plymouth. That yields Just over $24,000 per
month and equates to $96 per ton, on the basis of our 250 tons per
month. The current contract with SuperCycle is $52 per ton.
Hennepin County is prepared to continue pay 80 percent of the costs,
although they have made no commitment with respect to how long they
will continue that practice. They, too, are obviously concerned
about the escalating costs of recycling.
We plan to have Waste Management commence collecting on Wednesday,
June 7, west of I-494, and on Thursday, east of the freeway. All
Plymouth homeowners will be receiving the attached letter via first
class mail by Saturday, advising them of the change in contractor
and collection schedule. There will be no recycling collection,
however, on Thursday, June 1.
In addition, Helen LaFave will be working with representatives of
Golden Valley and Minnetonka to alert the other news media in order
that we can attempt to "get the word out." A copy of the press
release mailed to local papers, Star Tribune, and radio and
television stations is attached. (I-1)
2. PLYMOUTH COMMUNITY HANDBOOK -- The revised Plymouth Community
Handbook will be delivered to all residents and businesses during
the next week. A city map is stapled in the center of the booklet.
The handbooks will also be distributed in the new resident
information packet that residents receive when they come to
homestead. A handbook is enclosed with your packet today.
3. CITY CENTER GUIDELINES -- A copy of the revised City Center
guidelines is attached. A memorandum from Laurie Rauenhorst to the
City receptionists explaining the revisions is also attached. The
receptionists have been advised to encourage groups, if group size
is appropriate, to use the meeting room at Fire Station II or the
Parkers Lake Pavilion multi -use room due to the very heavy use of
the meeting rooms in the City Center. (I-3)
4. NEGLIGENT HIRING AND RETENTION -- Frank Boyles recently attended a
seminar hosted by the lawfirm of Larkin, Hoffman, Daly & Lindgren,
Ltd., on the subject on negligent hiring and negligent retention.
Under today's law, an employer is required to protect its employees,
and at times, third parties, from injury caused by employees who may
pose a risk of harm to others. Information handed out at the
seminar is attached for the Council's information. (I-4)
5. VOICE -MAIL SYSTEM REMOVED -- Effective today the telephone/voice
mail system has been disconnected and removed. Therefore, the
559-2574 number can no longer be used to bypass the City telephone
system.
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
Page 3
6. HOLIDAY STATIONSTORE LITIGATION - This matter has now been fully
resolved. Attached is a letter from the attorney for Holiday
Stationstores, as well as an order of final judgment on the case.
With the City's waiving its rights to appeal the judge's decision on
this matter, Holiday Stationstores has waived its rights to seek
reimbursements for attorneys' fees and costs. This brings to an end
this litigation. (I-6)
7. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL - 1990 BUDGET REQUEST -
Attached is a letter outlining the 1990 budget request of the
Northwest Hennepin Human Services Council. Their request totals
$5,497, or 11t per capita for one-half of Plymouth's population.
The Council will recall that the requests of the Northwest Hennepin
and West Suburban Planning Groups have been split equally. The
following amounts have been appropriated during the last four years
to the Northwest Hennepin Human Services Council: 1986 - $3,559;
1987 - $3,000; 1988 - $3,162; 1989 - $3,500. We will keep this item
in our 1990 budget file. (I-7)
8. 1989 OMNIBUS TAX BILL - PROJECTED TAX CONSEQUENCES - The first
information I have seen on the new tax bill projects that net
property tax increases of $75,226,000 can be expected state-wide.
This represents a 2.5 percent state-wide increase. The metro area,
not surprisingly, is slated to pickup the largest share, $69,479,000
(92%). Most homes in Plymouth will see an increase in property
taxes, although relatively modest compared to last year.
Commercial/industrial property taxpayers throughout the state are
going to be hit the hardest. They are projected to pickup over
$66,000,000 net increase. The metropolitan area, however, is slated
to pickup $69,846,000, while the outstate area enjoys a net
reduction of $3,758,000. The attached sheet highlights some of the
projected impacts. (I-8)
9. PROPERTY TAX BREAKDOWN - Attached are four sheets which represent
the change in property taxes payable on two Plymouth homesteads for
the years 1986 through 1989. I asked the City Assessor's office to
prepare these in an effort to more clearly, hopefully, highlight
where property tax increases are occurring. These examples clearly
indicate, in terms of real dollars, where the increases in property
taxes are coming from. (I-9)
10. AWARD - Communications Coordinator Helen LaFave received an award
from the Minnesota Association of Government Comunicators on May 26
in the category of promotional brochures for the park facility
guide, "Plymouth Parks -- For All the Seasons of Your Life." The
award was presented at the annual Northern Lights Awards Banquet in
St. Paul. (I-10)
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
Page 4
11. UNITED WAY COMMUNITY CAMPAIGN VOLUNTEERS -- The United Way is
coordinating a community campaign in Plymouth, August 10 - 17. It
will target businesses that have not previously held United employee
campaigns. The planning committee for the campaign is comprised of
representatives from both the private and public sectors.
Volunteers are needed to commit ten hours during the week of August
10 - 17 to serve as campaign canvassers. Canvassers will attend a
hour training session from 11 am. - 2 p.m. on August 10. Canvassers
will then preschedule six to eight calls with Plymouth businesses to
ask for their support of the United Way. If you are interested in
volunteering as a canvasser, contact Helen LaFave. (I-11)
12. MINUTES:
a. Planning Commission, April 26 and May 3, 1989 (I -12a)
b. Park and Recreation Commission, May 11, 1989 (I -12b)
13. WEST HENNEPIN HUMAN SERVICES - ANNUAL MEETING -- Tuesday, June 6.
Meeting notice of the WHHS annual meeting is attached.
Councilmembers desiring to attend should notify Laurie before June 1
with their dinner selection. (I-13)
14. NOTICE OF FILING OF WATERSHED PLAN -- The Bassett Creek Water
Management Commission has filed with the Minnesota Board of Water
and Soils Resources Board its watershed management plan. A copy of
the filing notice is attached. Public comments on the plan will be
received up to June 28, 1989. (I-14)
15. PRAYER TOWER - LIVING WORD CENTER -- Notice has been filed with the
Federal Aviation Administration of the Living Word Christian
Center's proposed construction of a 399 ft. prayer tower in
Plymouth. Because the tower will exceed FAA height standards for
air navigation, an aeronautical study is necessary. A copy of the
FAA notice is attached. (I-15)
16. CORRESPONDENCE:
a. Letter to Dave Johnson, 17435 County Road 6, from Blair Tremere,
regarding citizen complaints received regarding the operation of
the retail center and service station. (I -16a)
b. Letter to Pamela Thuringer, Kimberly Meadows Apartments, from
Frank Boyles, on her request to re -erect a cyclone fence
separating the apartment complex and Oakwood Square
development. (I -16b)
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
Page 5
c. Letter to Julie Wiley, from Frank Boyles, apologizing for
inconvenience experienced with Dial -A -Ride. Also attached is a
letter to Morley Bus Company outlining steps to eliminate future
incidents. (I -16c)
d. Letter from Robert Sevey, Campbell-Sevey, Inc., to Mayor and
Council, commenting on the proposed Land Use Guide Plan
reclassification fo property along and either side of 494
between C.R. 9 and C.R. 47. Also, letter from Darrel Gonyea,
Gonyea Land Company, commenting on Land Use Guide Plan
amendments. (I -16d)
e. Letter to Carolyn Thompson, Plymouth Post, from Laurie
Rauenhorst, requesting publication of a notice of vacancy on the
West Hennepin Human Services Planning Board. A letter to Marcy
Shapiro, WHHS Project Director, is also included. (I -16e)
f. Letter to Alison Fuhr, Chair, CASH Board, from Bob Zitur,
requesting additional information on the Operations Expenditures
for CASH. (I -16f)
g. Letter from Steve Barberio, Executive Director, Child's Play
Theatre Company, requesting financial support from the City -
(I -16g)
h. Letters from Pilgrim Lane Parent Teacher Organization and Donald
Wagner, District 281 Director of Education, to City Council,
stating support for the implementation of the D.A.R.E. Program.
(I -16h)
i. Letter from Carin Peterson, Director of Municipal Affairs,
Builders Association of Minnesota, to City Manager, regarding
the City's Tree Preservation Policy. (I -16i)
j. Letter from Tim and Cindy Harrer, 10710 15th Avenue No., to
Maria Vasiliou, submitting a neighborhood petition to pave 15th
Avenue North. (I -16j)
k. Letter responding to Andrew Krell, 2425 Garland Lane, from Bob
Zitur, for suggestion to ban plastic containers. (I -16k)
1. Letter responding to Jill Binkley, 2112 Highway 101, from Bob
Zitur, regarding concerns about aerosol containers. (I-161)
m. Letters of appreciation to Dick Carlquist and Lyle Robinson,
from Adam Piskura, State Director of Fire Training, for
assistance provided at the 1989 Minnesota State Fire School held
at Scanticon in April. (I -16m)
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 26, 1989
Page 6
n. Letter from Scott Crandall, 9730 - 29th Avenue North, to Mayor
Schneider, regarding the City's alarm ordinance. (I -16n)
o. Letter from Bob Burger, Plymouth Development Council, to City
Manager, to request a meeting with City staff on the proposed
Tree Preservation Policy. (I -16o)
James G. Willis
City Manager
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, May 31, 1989
CITY COUNCIL CHAMBERS
M-3
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
7:15 P.M.
7:30 P.M.
3.* CONSENT AGENDA
4.* APPROVAL OF MINUTES May 10, 1989
5. STUDY SESSION - DISCUSSION ITEMS:
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
6. ADJOURNMENT 10:30 P.M.
M- J1 .
AGENDA
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
Regular Meeting
June 1, 1989
6:30 P.M.
I. Roll Call
II. Approval of Minutes for March 23, 1989 Meeting
III. Extension of Section 8 Annual Contributions Contract to June 30, 1991
IV. Information Items
V. Other Business
VI. Adjournment
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NO RECYCLING COILEGTION ON JUNE 1;
RECYCLING PROGRAM CHANGES JUNE 7
�r ia�• • . •• a w r • a •. • i
Recycling collection days in Plymouth will change June 7 for all single family
through fourplex homes. The area west of I-494 will be collected every
Wednesday. Areas east of I-494 will be collected on Thursdays.
Areas that have had customized recycling programs -- Chelsea, Tiburon, and
Sagamore — will also follow the Wednesday/Thursday schedule.
Because the City's former contractor, Super Cycle, has gone out of business,
the City has entered into a new contract with Waste Management to continue an
uninterrupted recycling program.
WEDNESDAY COLLECTIO
WEST OF 1-494
RECYCLING DAYS
THURSDAY COLLECTION
EAST OF 1-494
RECYCLABLE MATERIALS
Curbside collections will be made for: newspaper; metal and aluminum cans;
glass containers; and brown corrugated cardboard. Preparation for each
material remains the same. "Junk" mail will no longer be collected.
MISSED COLLECTIONS
If your recyclables were at the curb by 7 a.m. on your collection day and they
•were not picked up: 1) call 890-1100; 2) or hold them until the next week.
WEEKLY CASH DRAWING
Recyclers will still have a chance to win $100 or more in the weekly "That's
Not Trash, It's Cash" drawing. To win, set your recyclables at the curb by 7
a.m. on your collection day. If your address is drawn that week and you have
recyclables at the curb, you're a winner. Otherwise, the $100 is added to the
next week's prize.
RECYCLING DROP-OFF CAPER
The operation of the Recycling Drop -Off Center located at Plymouth's Public
Works Garage, 14900 -23rd Ave. N. will remain the same. Newspaper will be the
only type of paper accepted at the Drop -Off Center.
Fbr more information, call 559-2800.
Z -L
CITY OF
PLYMOUTF+
Ze I'.1ulalit) : y a :1 D1 r
FOR MmE n TIODI: Julie Mullin, Golden Valley, 593-8119
Dean Elstad, Minnetonka, 933-2511
Dick Pouliot, Plymouth, 559-2800
•• 1 •+a M g ;0 •,er.-
Three suburban camL=ties -- Golden Valley, Minnetonka and Plymouth --
will continue their curbside recycling programs despite Super Cycle's
announcement that it will go out of business at the end of the month. All
three cities previously had contracted with Super Cycle for recycling
collections.
Golden Valley, Minnetonka and Plymouth have signed contracts with Waste
Management to continue their recycling programs with either minor changes or
no changes.
Only Plymouth will have an interruption in recycling collections.
Collections will not be made in Plymouth on June 1. Plymouth's recycling
collections will resume on a Wednesday/Thursday schedule the following week.
city:
The new contracts will have the following effects on recycling in each
Golden Valley: The only change in Golden Valley will be the frequency
of collections. Collections will be every Friday starting June 9. Golden
Valley residents who need more information, should call 593-8119.
Minnetonka: The new
contract will not
affect M nnetonka's
program.
Collections will be made
on Monday and Tuesday
as before.
Minnetonka
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
I-1
residents with questions may call 933-2511.
Plymouth: There will be no collections on June 1. Collections will be
made weekly on a two-day schedule starting June 7 and 8. Areas west of I-494
will be collected on Wednesdays. Areas east of I-494 will be collected on
Thursdays.
Areas that had customized recycling programs -- Chelsea, Tiburon and
Sagamore -- will also follow the Wednesday/Thursday collection schedule.
Recyclables must be at the curb by 7 a.m. "Junk" mail will no longer be
collected as part of the curbside program or at the Plymouth Recycling Drop -
Off Center, 14900 - 23rd Ave. N.
Plymouth's weekly cash drawing will continue. However, residents must
have recyclables at the curb by 7 a.m. to be eligible.
Plymouth residents with questions, may call 559-2800.
Recyclable Materials: In all three cities, residents may recycle
newspaper, metal and aluminum cans, glass containers and brown corrugated
cardboard. Preparation for each material will be the same as in the past.
-30-
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
May 23, 1989 MEMO
DATE: Sharon Reisinger, Val Krisko
TO:
Laurie Rauenhorst
FROM: POLICY REVISION TO GUIDELINES FOR USE OF THE CITY CENTER
SUBJECT
Attached are revised guidelines regulating the use of the City Center,
Including an amended application form. Please note the following
changes and destroy all old forms:
1. The maximum time in which a room reservation may be made
before an event is expanded from 5 weeks to 8 weeks. Do not
take reservations more than 8 weeks in advance except for City
functions.
2. A provision was added to the policy to require users to
contact you on the day of their event to arrange entrance into
the building.
3. The "no smoking" provision is clearly described.
4. The application form now offers applicants a choice of the
room they desire; please continue checking group size to
determine if a room is large enough.
5. A new Hold Harmless Agreement, drafted by the Risk Management
Coordinator and reviewed by the City Attorney, is contained on
the application and signed by the applicant for room use.
It is imperative that all groups using the City Center now
complete the application form because it contains the Hold
Harmless Agreement. In order to adequately protect the City,
this must be signed prior to a reservation being accepted.
In December we will send a letter and application form to each group
that used the City Center in 1989 and let them know if they intend to
use the facilities in 1990, they should complete the form so we have it
on file. They can then make reservations with you by phone.
In addition to these policy changes, Frank has directed that we do the
following:
1. Encourage groups to use the Fire Station II meeting room and
Parkers Lake Pavilion multi-purpose room if the group size is
appropriate. Attached are copies of the application forms for
each of these facilities. You will not be making these
reservations, but become familiar with the guidelines so the
appropriate groups are referred to Fire or Parks.
2. Eliminate use of City Center facilities from 8:00 a.m. to 4:30
p.m. except for City functions.
cc: Frank Boyles
s F 1'-20-99
1-3
GUIDELINES REGULATING THE USE OF CITY CENTER FOR MEETING PURPOSES
Resolution No. 89-273 (supercedes Res. No. )
May 15, 1989
I. General
The City Center Building was constructed to serve the general public by
providing a facility conducive to the conduct of public business. Since
public funds made these facilities possible, the general public is
encouraged to use the City Center. The following guidelines are official
City Policy designed to promote orderly and appropriate use of these
public facilities.
Private organizations desiring to use the City Center facilities must
complete an application and submit it to the City Clerk. The application need be
completed only once annually for organizations using the facilities periodically
during the year. This application shall be submitted at least two weeks but not
more than eight weeks prior to the date for which reservation is
requested. The request will be reviewed in light of these guidelines and the
availability of the facilities. The City Clerk will advise the requesting
organization of the status of their request as soon as possible. Usage requests
are not approved until the City Clerk has so advised the requesting
organization.
II. Who May Use City Center Facilities
City Center facilities will be available for public (and private) meeting
purposes, civic purposes, to organizations whose membership substantially
includes Plymouth residents or whose purpose is to provide services to
Plymouth residents. City Center facilities shall not be used for
commercial enterprise, private ceremonies, religious ceremonies, any
profit making activity or any activity not consistent with the general
business purpose of the building.
III. Availability
City Center facilities shall be available weekdays from 5:00 p.m. to 11:00 p.m.
except those hours for which the facility has been scheduled for use, and
Saturday and Sunday from 8:00 a.m. to 5:00 p.m. Permission may be granted by
the City Manager for variation from this schedule.
The City Council, official City boards and commissions or other
organizations whose meetings are sponsored by the City shall have
priority in the use of City Center facilities. Groups reserving these
facilities must understand it may be necessary for them to relocate their
meeting in the event the City Center facilities are needed for municipal
government purposes.
IV. Procedure for Applying
A. Use of the City Center facilities will be handled so far as possible on
a first-come, first -serve basis.
B. Application forms may be obtained from the City Clerk during normal
office hours, or be mailed to the applicant.
-14-
1-3
C. Application blanks shall be fully completed by requesting organizations
and returned to the City Clerk at least two weeks but not more than eight
weeks prior to the scheduled use. If an application is on file from a
previous request, a request may be accepted by telephone. Reservations
shall not be official until the City Clerk has signed the application and
informed the applicant of its status.
D. The applicant must contact the City Center receptionist by 2:00 p.m. on the
day of the room reservation (or by 2:00 p.m. Friday if the use is on a
Saturday or Sunday) to arrange entrance into the building.
V. Rules and Regulations
A. The City Center entry corridor, restrooms, Council Chambers, employee
lunch room and Council Conference Room, shall be available for
use under this policy.
B. Groups may provide their own coffee and light refreshments provided
they dispose of all refuse properly and clean up after City
Center usage. Facilities for this purpose are available in the
employee lunchroom.
C. The use of intoxicating liquor and non -intoxicating malt liquor
beverages is prohibited in the City Center facilities.
D. Pursuant to the Minnesota Clean Indoor Air Act, smoking is prohibited,
except in the first and second level vestibules.
E. Any group or organization using City facilities for the purpose of
convening a public meeting must conform with "open meeting law"
requirements pursuant to Minnesota Statutes.
F. The City assumes no liability for loss, damage, injury or illness
incurred by the users of the facility.
G. The individual representing the organization using City Center
facilities, i.e., person signing the application, shall be
responsible for:
1. Proper disposal of all coffee, cups, paper, etc.; rearrangement of
furniture.
2. Shutting off all lights and locking exterior entrance doors.
3. Reporting, repairing, or replacing, any damage or loss of City
facilities or equipment within 24 hours of meeting.
H. Hours of use designated on the application form must be adhered to.
I. Organizations cancelling reservations for use of facilities more than
twice in one year shall be given low priority for future requests.
J. Failure to conform with these policies and rules may be cause for
forfeiture of future use privileges.
-14a-
1-3
APPLICATION FOR USE OF CITY CENTER
Name of Organization:
Mailing Address:
Contact Person: Phone:
Room Desired: Council Chambers Council Conference Room Lunchroom
(1st, 2nd, 3rd choice)
Date(s) of Use:
Time of Use: from a.m./p.m. to a.m./p.m.
Purpose of Meeting:
Number of Participants:
Will a fee be charged or donations solicited from participants: Yes No
If so, how much?
Will refreshments be served? Yes No
Does your organization have its own meeting facilities? Yes No
If so, why are City facilities necessary?
HOLD HARMLESS AGREEMENT
I understand that my use of the City Center is voluntary and that I am using it for my
benefit only. I agree that my use of the City Center facility is undertaken at my
own risk and that the City of Plymouth will not be liable for any claims, injuries,
damages of whatever nature incurred by me or members of my organization due to the
negligence of members of my organization, the negligence of third parties, or the
negligence of the City or any of its agents or employees. On behalf of myself and the
organization that I represent, I expressly forever release and discharge the City, its
agents or employees, from any such claims, injuries, or damages. I also agree to
defend, indemnify and hold harmless the City from any claims, injuries, or damages of
whatever nature arising out of or connected with my use of the City Center. I also
agree to reimburse the City for any damage, breakage, maintenance, or cleanup costs
arising out of my use of the City Center.
User Representative
Please return this form to:
Laurie Rauenhorst, City Clerk
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
-14b-
Da to
APPROVED BY:
City Clerk
Da to
Confirmation sent: by
ate
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POLICY CONCERNING PUBLIC USE OF FIRE STATION NO. II
Rev. 9/1/87
I. General
These guidelines have been prepared to govern the use of
Fire Station No. II by private groups for meeting purposes.
Private organizations desiring to use the fire station
facilities must complete an application and submit it to the
Fire Chief for approval at least two weeks prior to the date
for which the reservation is requested. The request will be
reviewed in light of these guidelines and the availability
of the facilities. The Fire Chief will advise the
requesting organization of the status of their request as
soon as possible.
II. Who May Use Fire Station Facilities
Fire station facilities shall be available for meeting
purposes to all local community organizations whose
membership includes Plymouth residents and whose purpose is
to provide service to Plymouth residents. Fire station
facilities will not be used for commercial enterprise,
private ceremonies, any form of gambling, dances or other
non -meeting type social events.
III. Availability
Fire station facilities shall be available Monday through
Friday, 5:00 p.m. to 10:00 p.m. except those hours for which
the facility has been scheduled for use. For example, all
Wednesday evenings are reserved for Fire Department training
and meetings. Permission may be granted by the City Manager
for variation from this schedule.
The City Council, official City commissions and City staff
or other organizations whose meetings are sponsored by the
City Council, City commissions or City staff shall have
priority in' use of fire station facilities. Although
efforts will be made to avoid conflict, it may be necessary
to advise groups reserving these facilities that it will be
necessary for them to relocate their meeting facilities
because the facilities are needed for municipal government
purposes.
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IV. Procedure for Applying
A. Use of fire station facilities will be handled so far
as possible on a first-come first -serve basis.
B. Application forms may be obtained from the Fire
Department Secretary during normal office hours.
C. Application blanks shall be fully completed by
requesting organizations and returned to the Fire Chief
at least two weeks prior to the scheduled use.
Reservations shall not be official until the Fire Chief
has signed the application and informed the applicant
of its status. Reservations shall not be accepted over
the telephone.
V. Rules and Regulations
A. Groups may provide their own coffee and light
refreshments provided that they do not use kitchen
equipment, i.e., stove, refrigerator, microwave, etc.
Groups are free to use kitchen sinks and refuse
containers as necessary.
B. The use of intoxicating liquor and non -intoxicating
malt liquor beverages is prohibited in the fire station
facilities.
C. Smoking is not allowed.
D. Youth groups shall be chaperoned at a ratio of one
adult for 15 youths or fraction thereof.
E. The City assumes no liability for loss, damage, injury
or illness incurred by the users of the facility.
F. The individual representing the organization using the
fire station facilities, i.e., person signing the
application, shall be held responsible for clean-up
after the meeting including rearrangement of furniture
and cleaning kitchen facilities. Any damage or
breakage should be reported to the Fire Chief within 24
hours of the meeting.
G. Hours of use designated on the application form must be
adhered to.
H. Organizations cancelling reservations for use of
facilities more than twice in one year shall be given
low priority for future requests.
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I. All areas of the fire station except the entry
corridor, restrooms, and training rooms are restricted
from use by private organizations. It will be
necessary for station users to gain access to kitchen
facilities through the day room. The use of the day
room for other than access purposes is not allowed.
J. Failure to conform with these policies and rules may be
cause for forfeiture of future use privileges.
K. For safety's sake, not more than seventy-five (75)
people may occupy the training room at any time.
APPLICATION FOR USE OF FIRE STATION II MEETING ROOM
NAME OF ORGANIZATION
ADDRESS
DATES OF USAGE
PURPOSE OF MEETING
NUMBER OF PARTICIPANTS
TIMES OF USAGE
Will a fee be charged to prticipants? If so, how much?
Does your organization have its own meeting facilities?
If so, why are city facilities necessary?
* * * * * * * * * * * * * * * * * * * * * * *
I HAVE READ AND UNDERSTAND THE GUIDELINES REGULATING THE USE OF THE FIRE
STATION II MEETING ROOM AND INTEND TO COMPLY THEREWITH.
Name of Applicant (Please Pr- nt
Signature of Applicant
Return to:
Plymouth Fire Department
Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
Attn: Lee
Position in Organization -
Telephone
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CITY OF PLYMOUTH
PARKERS LAKE PAVILION MULTI-PURPOSE ROOM USAGE APPLICATION
Organization
Name of Applicant
Address
State
Phone: Home
Date(s) of Use
Hour(s) of Use
Approximate numbers attendi
Purpose of Use
Estimated
School Dist. 281 & 284
($7/hour for attendant_
2 hour minimum)
Non-profit Plym. groups
($15/hour-2 hr minimum)
All other groups
($25/hour-2 hr min. +
$200 damage deposit)
TOTAL
Work
City
Zip
Actual (Office Use Only)
Payment received
Receipt #
(date)
---------------------------------------------------------------------
I understand that a part or all of the deposit fee will be forfeited if
condition of the multi-purpose room requires extra duties for the Park and
Recreation Department, and that I and the representative organization are
responsible for conduct of participants and any resulting damages.
Signature Date
CONFIRMATION FOR USE OF PARKERS LAKE PAVILION
Your group's use of the Parkers Lake Pavilion has been approved for
(date)
by
(time)
(Park and Recreation Staff Member)
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PARKERS LAKE PAVILION MULTI-PURPOSE ROOM RENTAL POLICY
The Parkers Lake Pavilion multi-purpose room is operated by the City of
Plymouth and may be scheduled for use on a rental basis by community
residents, civic organizations, and private groups. Certain policies are
needed to ensure the proper use and control of the facility, so that all
people may equally enjoy it.
All organizations must complete an application and have it approved before
using the multi-purpose room. Applications must be submitted as far in
advance as possible of the date for which the reservation is requested. Seven
days is the minimum request time for facility usage.
The multi-purpose room is rated for an occupancy of 68 and is available seven
days a week from 7 a.m. until 12 midnight (pending availability) with the
exception of national holidays.
The multi-purpose room is not available for sales or other events that are
fund raising for either public or private groups.
The Parkers Lake pavilion is a smoke-free building.
Fees for Use
1. Plymouth school districts 281 and 284 will be charged a nark attendant fee
of $7 per hour. All other Plymouth non-profit groups will be charged a
rental fee of $15 per hour.
2. All other groups will be charged a rental fee of $25 per hour and will be
required to make a $200 damage deposit. The damage deposit will be
returned within two weeks of the event if no deductions are necessary.
3. Groups requiring special set-up will be charged for additional attendant
services.
4. The minimum rental period shall be two hours.
Rules and Regulations
1. Every group using the facility must be under competent adult leadership.
The organization or user group shall assume full responsibility for the
group conduct and for any damages to the building or equipment.
2. Beer and intoxicating beverages are not permitted in the multi-purpose
room, in the parking lot or surrounding park areas.
3. Disorderly conduct of any kind is prohibited.
4. The signer of the application shall assume full responsibility for any
unlawful act committed.
5. The City assumes no liability for loss, damage, injury or illness incurred
by the users of this facility.
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Pavilion Rental Policy
Page 2
6. The signer of the application shall be held personally responsible for any
breakage, damage or loss of equipment.
7. All decorations, including streamers, signs and banners must receive prior
approval.
8. General clean-up of the facility is required.
9. Violations may result in the Park and Recreation Department denying future
permits for the use of the facility.
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NEGLIGENT HIRING AND RETENTION
Larkin, Hoffman, Daly & Lindgren, Ltd.
2000 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, Minnesota 55402
(612) 338-6610
This was prepared by Larkin, Hoffman, Daly & Lindgren, Ltd.
It is not intended, nor should it be used, as a substitute for
specific legal advice or opinion since legal counsel may only
be given in response to inquiries regarding particular factual
situations. 0 1989 Larkin, Hoffman, Daly & Lindgren, Ltd.
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I.
A young woman is murdered in her apartment by a co-worker.
The co-worker is a felon, previously convicted of robbery and
rape. He works in the mailroom and learned of the victim's
address through the mail he delivered to her. The girl's
parents sue the company saying that they were negligent when
the hired such a person and put him in a position to learn
where their daughter lived.
A young man, a customer at a bowling alley, is assaulted
and injured by the bowling alley attendant. When hiring the
attendant, the owner of the bowling alley never checked into
the attendant's background. Further, after he was hired the
attendant began making strange and bizarre statements to the
owner. Nevertheless, the owner still failed to make any
inquiry into the attendant's background. The young man sues
the bowling alley for his injuries and prevails with the court
finding that the owner of the bowling alley was negligent in
hiring and retaining, without inquiry, an employee who posed
risk to innocent third -parties.
These are but two examples of a recent increase in tort
suits based upon the theories of negligent hiring and negligent
retention. These theories require a business to protect its
employees, and at times even its customers and visitors from
injury caused by employees who may pose a risk of harm to
others. An employer is liable to its employees and possibly
third -persons for the employer's negligent hiring or retention
of an employee with certain known propensities in an employment
situation in which the employer should have foreseen that the
employee posed a threat of harm to others.
II.
FIMM ••R.- •- •
1. Definition -- A business is liable under the theory of
respondeat superior for torts of an employee acting
within the scope of employment. A business is not
liable when the employee's acts are not within the
scope of his employment.
(a) In order to show an employee is acting within the
scope of employment it must be shown that this
conduct was to some degree in furtherance of the
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interests of the employer or to discharge the
duties of the employer.
(b) If the worker is engaged in any other enterprise
the worker may be acting outside of the scope of
his/her employment.
2. Employer's liability arises due to the fact that the
employee is employed by the employer.
3. Traditionally, this has been the most common means of
holding a business liable for the acts of employees.
(a) The employer may be liable for the acts of an
employee acting either inside or outside the
scope of his/her employment.
(b) Employer's liability arises not from the acts of
its employees but rather, from its own negligence
in hiring or retaining an employee who is unfit
and who injures a third party.
(a) Negligent hiring and retention is an extension of
the "fellow -servant" rule.
(b) Under the "fellow -servant" rule employers have a
duty to provide employees with a safe place to
work -- this means providing safe co-workers, as
well as safe machines.
:r ��• •iia-� :- •� � • „ - --�
To find that a business negligently hired or retained an
individual, the injured party has to prove that the
individual was an employee of the business.
MEMMI-T ff-M-TworMPTIV. MM 11171,
1. For an injured party to prevail in a suit for
negligent hiring or negligent retention, the injured
2.
party must show that the employer owed a duty to the -
injured party to hire competent and fit employees.
2. When the duty arises -- three requirements:
(a) Employee and the injured party are in places where
each have a right to be at the time the injured party
sustained injury. Examples:
-- caretaker/tenant
-- delivery man/homeowner
-- store customer/clerk
(1) A temporary employment service who provided
laborers to move plaintiff's jewelry store was found
not liable for negligent hiring when two employees who
had previously been convicted of felonies returned
later to steal jewels. The court found the employees
to be in an improper place when the theft occurred.
Bec-ken v. Manpower Inc., 532 F.2d 56 (7th Cir. 1976).
(2) However, in some jurisdictions an employer may be
liable even if the employee is a place where he (the
employee) has no right to be, but through his/her
employment has acquired knowledge of the injured party
and the injured party's home.
Example: A young woman was murdered in her apartment
by a co -employee who worked in the mailroom and whose
only means of learning where the young woman lived was
by way of the mail he delivered to her.
(b) Employee and Plaintiff come into contact as a direct
result of employment.
(1) The contact may arise between the plaintiff and
the employee where the employee is an apartment
caretaker and commits a wrong against a tenant or a
person legally on the apartment premises.
(2) The contact may arise between an injured party
and an employee were the injured party is a customer
of the employer and is attempting to do business with
the employer.
(a) Can be on the employer's premises;
Example: Bowling alley attendant who
assaults a customer.
(b) or off of the employer's premises.
3.
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Examples Meter reader employed by a utility
who has access to a customer's home and
steals a valuable knick-knack or assaults
the customer.
(3) Any other time an employee injures someone as a
direct result of employment.
Example -- An employer who hired a laborer to help on
the loading dock. Laborer was intoxicated and dropped
a refrigerator on a co -employee. The employer was
found to have breached duty to hire and fit competent
employees by hiring an employee physically unable to
perform the work.
(c) Employer has or would have received benefit from the
meeting of the employee and the injured person. The
benefit need not be direct:
Example: Landlords receive indirect benefit by having
representative on the premises to help tenants and
maintain premises.
3. Scope of employer's duty:
In order to fulfill the requirements under the law a
business is required to conduct a reasonable
investigation into the background of any prospective
employee or any current employee if new information
about the current employee comes to light.
(a) The reasonableness of an investigation is
dependent upon the severity of the risk to other
employees, customers or visitors due to exposure
to the employee.
(1) Slight care may be sufficient when
investigating individuals for jobs such as a
yardman. Production work or other positions
where the employee would not constitute a
high risk to third persons. Ponticas v. KMS
Investments, 331 N.W.2d 707 (Minn. 1983).
(2) The greater the risk of harm to third
persons, the more intensive an employer's
investigation must be.
Example -- When hiring a caretaker who will
have a pass key to all tenant's apartments,
the employer must use greater care to
investigate the prospective employee's
competency and reliability.
4.
1-4
(b) After a reasonable investigation has been carried
out the business owes its employees, customers
and other third -parties a duty to hire safe and
competent employees and to reject person for
employment who may pose a threat of injury to
others.
(c) After hiring an individual the employer has a
duty to retain only safe and competent employees
and to conduct further investigation of an
employee if previously unknown facts about the
employee come to light.
Example: The owner of a business was found to
have duty to conduct further investigation of a
current employee who had attacked a customer
after employee was heard making bizarre
statements and seen acting strangely. Vanderhule
v. Berenstein, 285 App. Div. 290, 136 N.Y.S 2d 95
(1954), modified, 284 App. Div. 1089, 136 N.Y.S
2d 349 (1954).
(d). An employer is not liable for failure to discover
information that could not have been discovered
by a reasonable investigation.
(e). Employers may have duty after employee leaves
employ of employer to notify customers with a
"special relationship" with employer that a
particular employee no longer is employed by
employer. The special relationship may arise
when the customers admit employer's employees
into their homes as part of the service being
rendered by the employer. Coath v. .Tones, 419 A.
2d 1249 (Pa. Sup. Ct. 1980).
FOINEF-37--y-TWIFT
1. A business breaches or fails to fulfill its duty to
its employees, customers and visitors occurs when it
fails to conduct a reasonable pre -hire investigation
or a reasonable post -hire investigation after
discovery of new information about an employee.
2. Breach of duty occurs when an employee is incompetent
or unfit for the job for which he was hired or
retained. An incompetent or unfit employee can come
in many forms
(a) The presence of a criminal record is not the only
attribute that makes an employee incompetent.
(b) An employee's incompetency may be shown by
excessive drinking, habitual forgetfulness or
5.
zy
carelessness, inexperience, a propensity for
horseplay or reckless or malicious tendencies.
(c) In the future an employee with a certain sexual
proclivity which causes him to engage in sexual
harassment may be viewed as incompetent or unfit
for negligent hiring or negligent retention
purposes.
3. Breach of duty occurs when the employer knew or should
have known of the employee's incompetence or
propensities through a reasonable investigation and
nevertheless hires and/or retains the employee.
In order to prevail in a suit for negligent hiring or
negligent retention the injured party must prove that the
breach of duty by the business caused injury to the injured
party.
1. For causation to exist the injured party must show
that the harmful act of the employee is one that the
employer, through ordinary care in investigating and
hiring the employee ought to have anticipated would
occur and would result in harm to others.
Example: Negligence of employer/landlord in hiring,
without a reasonable investigation, a felon previously
convicted of burglary and armed robbery was the only
reason felon/employee was on the premises, had contact
with the injured party and was provided with a pass
key into the injured party's apartment allowing entry
into the injured party's apartment in order to rape
her. It was reasonable to anticipate the harm to the
woman when the apartment owner allowed an individual
with the record of the employee to have access to
tenants' apartments. ponticas V. RMS Investments, 331
N.W.2d 907 (Minn. 1983).
2. To show that the employer's negligent hiring or
retention caused the injured party's injuries, the
injured party must prove that the injuries were caused
by the bad attribute of the employee, which the
employer knew or should have known was likely to cause
harm.
(a) Employer found liable for negligent hiring when
casual connection was found between employee/
truck driver's prior convictions for sexual
assault and rape of plaintiff/hitchhiker in
sleeping compartment of truck. Malorney v. B&L
Motor Freight, Inc., 146 Ill. App. 3d 265, 496
N.E.2d 1086 (1986).
V
1-4
(b) Party host liable for hiring as "bouncer" a man
with reputation and propensity for violence upon
others who assaulted guest. Cresor v. Kleiser,
111 111. App. 3d 333, 338 N.E.2d 1162 (1982).
(c). Employer who hired employee with three (3)
burglary convictions not liable for death of
plaintiffs' daughter in auto accident where
employee was driving while intoxicated.
Plaintiffs failed to show casual link between
employee's deficiencies and death of girl.
Coillermo v. Brennan, 3 IER 915 (1988).
(d). Employer not liable for injury to plaintiff
caused by practical joke of employee, when
evidence showed employee performed job in
careless and haphazard manner but, there was no
indication that employee engaged in practical
jokes. Hollinger v. Jane C. Stormont Hospital
and Training School for Nurses, 2 Kan App. 2d
302, 578 P2d 1121 (1978).
E. Damages.
1. Compensatory Damage.
-- compensatory damages compensate the plaintiff for
the actual loss or injury resulting from the
employer's failure to investigate prospective and
current employees and for hiring and retaining
incompetent or unfit help.
2. Punitive Damages.
-- punitive damages are designed to punish the
wrongdoer and may be awarded in a negligent hiring or
negligent retention case for an employer's gross
neglect or willful and wanton conduct in failing to
adequately investigate prospective and current
employees or hiring or retaining help that is known to
be incompetent or unfit.
IV.
.#. •- -� -
1. Contributory negligence and/or comparative negligence.
(a) Under theory of contributory negligence, any
negligence on the part of the plaintiff or victim
bars recovery.
7.
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Example: A business hires as one of its drivers
a person with a known drinking problem. One day
while drunk and driving a vehicle owned by the
business, the employee is involved in a wreak.
However, the wreck was caused in part by the
injured party pulling in front of the employee.
The employee's suit for negligent hiring or
negligent retention is barred because the injured
party was contributory negligent in causing the
accident to occur.
(b) Comparative negligence is a statutory scheme
which divides up negligence according to each
party's, both victim and wrongdoer's, percentage
of negligence.
Example: Under comparative negligence using the
same example above, even if the injured party was
somewhat negligent, if the employer's percentage
of negligence is greater than that of the
plaintiffs the plaintiff still prevails with the
award reduced by his percentage of fault.
2. Intentional Torts; e.g. Consent, Privilege.
1. When the injured party is a co -employee of employee
that causes the harm, the employer can defend a
negligent hiring or negligent retention suit by
asserting that workers' compensation is the injured
party's exclusive remedy.
2. Workers compensation is a sole and exclusive remedy of
an employee injured in an incident arising out of and
in the course of employment.
3. Injuries sustained at work at the hands of co-workers
could give rise to negligent hiring claim if it is
found that the injury did not arise out of and in the
course of employment.
Example: An assault at hands of co -employee found to
be caused by personal animosity and not arising out of
and in the course of employment could give rise to
plaintiff's claim against employer for negligent
hiring and retention ,zones v. Schiek's Cafe, 277
Minn. 273, 152 N.W.2d 356 (1967).
1. It is conceivable that the employer's inability to
discover information about an employee or prospective
8.
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employee, even after a reasonable investigation could
be a defense.
In Stone v. Hurst Lumber Co., 15 Utah 2d 49, 286 P. 2d
910 (1963), the court found that the defendant/
employer could not have discovered in a background
check the vicious tendencies of an employee who
attacked plaintiff because there was no record of
those tendencies.
2. Bear in mind however, that an investigation may not be
reasonable unless alternative means of gaining
information are used.
Example: For some jobs it may be necessary to know
whether a current or prospective employee has a
criminal record. Access to that type of information
may not be available through normal means. Thus,
alternative methods must be used.
V.
�x•�:�.�xaw•e��cMsm;••:�•cics�;•er�sc��e�nt��eM�:�:+ry:�cM��•,c�
A. General Rules.
1. Conduct a general inquiry which determines a
prospective employee's fitness for a position or a
current employee's continuing fitness. This general
inquiry should include checking an individual's past
employment and references in order to get some idea of
his/her background.
2. If a general inquiry raises questions as to a
prospective employee's fitness, further investigation
may be required.
Example: Further inquiry may be necessary if various
suspicious factors are present, such as, short
residency or employment periods, gaps in employment
history, dishonorable military discharge, admissions
of prior criminal convictions, lack of references or
mixed or marginal references.
3. Conduct an investigation of current employees when
unfit or suspicious behavior comes to light.
4. Take remedial action.
(a) Deny employment or assign a new employee to a
position where a foreseeable risk to third
persons does not exist.
M
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(b) For current employees take corrective action,
such as, retraining, reassigning or discharging
employee. -- falsification of a job application
can be grounds for dismissal.
The extent to which a business must investigate its
prospective and current workers is determined by the risk of•
harm the worker in a particular position poses to other
workers, customers and visitors. Thus, an employer must
analyze the jobs within its business in order to determine what
constitutes a reasonable inquiry into prospective or current
employees.
1. Assess job requirements -- An employer should assess
job requirements by analyzing the duties of a job,
exposure to other employees, exposure to customers or
access to information. In addition, special attention
should be paid to factors such as honesty,
trustworthiness, and skill requirements required by
the job.
2. Assess the amount of exposure a job position may have
to potential victims by analyzing the risk of harm to
potential victims, should the position be filled by an
employee that has violent tendencies, a lack of
honesty or a lack of skills. The greater the risk of
harm to those potential victims through their exposure
to an employee in a particular job, the more indepth
the inquiry into the employee or prospective employee
must be.
1. When gathering information an employer must be aware
of not only his duty to investigate prospective or
current employees but also the rights of prospective
and current employees.
2. The employers should use four -criteria in obtaining
and using information about an individual.
(a) Is the information available and by what means?
(b) What is the employer's legal right to use the
information?
(c) Can the information be verified?
(d) What is the employer's obligation to keep the
information confidential?
10.
1-44
3. The use of an authorization and consent form (,9p&
Addendum A) is one way for a business to gain access
to a prospective or current employee's personal
history while at the same time protecting the rights
of both the business seeking the information and the
individual or entity providing the information.
4. Sources of Information -- There are federal, state and
county agencies in Minnesota that maintain criminal
records. Some agencies are more lenient than others
when it comes to releasing information about a
person's criminal record. For example, the Minnesota
Department of Corrections indicates that it will
provide criminal record information over the phone if
the information is sought for employment purposes. On
the other hand, the State Bureau of Criminal
Apprehension indicates that it will release such
information only after the individual about whom the
information is sought has signed a consent form
authorizing its release. Local agencies that have
information regarding criminal records include the
following:
1. The U.S. Probation Office -- (612) 348-1980;
2. Minnesota Department of Corrections -- (612)
642- 0322;
3. The State Bureau of Criminal Apprehension --
(612) 642-0672;
4. The Hennepin County Probation Office -- (612)
348-3645;
5. The Ramsey County Probation Office -- (612)
298- 6820;
6. The Washington County Probation Office -- (612)
779-5426
5. Conducting the Search -- A search of an individual's
criminal history should begin in the county where the
individual lives. The search then should proceed to
the state level then finally a federal search should
be completed. In some circumstances, it may be
necessary to search other states in which the
individual job applicant or employee has lived.
In addition, there are organizations that provide
investigative services and will conduct criminal
searches, including -- Infomax (612) 378-9477 and
Informational Services (612) 854-7883.
11.
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VI.
1. Title VII of the Civil Rights Act of 1964 and the
Minnesota Human Rights Act prohibits hiring decisions
made on the basis of any protected classes contained
in those statutes.
2. Refusal to hire solely on the basis of criminal
record, could give rise to a discrimination claim on
the theory of disparate impact.
(a) A significantly higher number of blacks than
whites have criminal convictions. Thus, an
across-the-board ban on hiring individuals with
criminal convictions may have a discriminatory
impact on blacks.
(b) Denial of job solely on the basis of criminal
conviction may be discriminatory and would not be
protected by the "business necessity" defense to
a discrimination claim unless the denial of a job
to a convicted felon fosters safety and
efficiency and there is no other, less
restrictive, alternative to achieve the goal.
Green v. Missouri Pacific R.R., 523 F.2d 1290
(8th Cir. 1975).
B. Statutes.
1. Minn. Stat. Chap. 364 prohibits disqualification from
public employment or disqualification from employment
for which a license is required on the basis of a
prior conviction of a crime.
(a) An individual may be disqualified from public
employment or from an occupation for which a
license is required on the basis of a prior
conviction if the crime or the crimes for which
the individual was convicted directly relates to
the position of public employment sought or the
occupation for which the license is sought.
(b) A person convicted of a crime which directly
relates to a position of public employment or
occupation for which a license is sought may not
be disqualified, however, if sufficient evidence
of rehabilitation is shown.
2. Wis. Stat. 5111.321 prohibits any employer, labor
organization, employment agency or person from
12.
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engaging in employment discrimination against any
individual on the basis of an arrest or conviction
record.
-- it is not employment discrimination under Wisconsin
law to request arrest or conviction information or to
deny employment to an individual on the basis of an
arrest or conviction record if the offense
substantially relates to circumstances of the job or
the employee is not bondable under a standard fidelity
bond or equivalent bond where bondability is required.
• ' • � • • - it • • - • * - II • • - ' �
U 1 - - • • • - •NO- - - NOW -
1. Minn. Stat. Chap.
employees and jobs
required.
364 -- Applies to public
for which a license is
2. Ponticas v. K -MS Investments, 331 N.W.2d 907,
913 (Minn. 1983). "[s]ociety must make a
reasonable effort to rehabilitate those who have
erred so they can be assimilated into the
community."
JKM:ABOs 13.
1-4
(Addendum A)
SAMPLE
Authorization and Consent for Release of Information
I, (name of individual authorizing
release) freely and voluntarily authorize
(name of individual, entity or person holding record and
information) to disclose to (name of
individual, entity or person to receive the information) the
following information:
(description
of information) for the purpose of determining my suitability for
employment.
I understand that my records and information about me and my
association with may be protected under
state and/or federal privacy laws or company policy and may not
be disclosed without my written consent unless otherwise provided
for by state or federal law. I also understand that I may revoke
this consent at any time except to the extent that action has
been taken in reliance on it and that in any event this consent
expires automatically as described below.
By signing this consent, I
(name of individual, entity
information) from any and all
hereby release
or person holding record and
liability which otherwise may or
does accrue as a result of the release of any and all
information, regardless of its accuracy. I also release
(name of individual, entity or person to
receive the information) from any and all liability for its
receipt and use of information and records received pursuant to
this consent.
Executed this day of
Signature of individual authorizing release
Signature of witness
Signature of parent, guardian or authorized
representative when required
19
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
James J. Thomson, Jr.
Thomas R. Galt
Steven B. Schmidt
John G. Kressel
,James M. Strommen
Ronald H. Batty
William P. Jordan
William R. Skallerud
Corrine A. Heine
David D. Beaudoin
Steven M. Tallen
Mary Frances Skala
Leslie M. Altman
Timothy J. Pawlenty
Rolf A. Sponheim
Julie A. Bergh
Darcy L. Hitesman
David C. Roland
Karen A. Chamerlik
Paul D. Baertschi
Arden Fritz
Mark J. Gergen
Julie A. Lawler
Janet J. Coleman
Stephen J. Bubul
Clayton L. LeFevere, Retired
Herbert P. Lefler, Retired
LeFevere
Leflcr
KennedN
O'Brien
Drawz
a Professional
Association
May 23, 1989
Mr. James G. Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
I-6
Re: Lyndale Terminal Co. and Holiday Stationstores Inc.
v. City of Plymouth
Dear Jim:
Enclosed is a copy of a letter from the attorney for the
Plaintiffs in the above -entitled matter and a copy of the
Order that has been entered in the case.
Please let me know if you have any questions.
Sincerely yours,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
Ja es . Thomso , r.
0066LT15.I34
Enclosures
350 PARK AVENUE
NEW YORK, NEW YORK 10022
(212)415-9200
1330 CONNECTICUT AVENUE, N. W.
WASHINGTON, D. C. 20036
(202) 857-0700
3 GRACECHURCH STREET
LONDON BC3V OAT, ENGLAND
01-929- 3334
36, RUE TRONCHET
75009 PARIS, FRANCE
01-42-66-39-49
PAR EAST FINANCE CENTER
HONG KONG
852.5-861255',
By Messenger
DORSEY & WHITNEY
A P -E. -Ir INCLUDING P-51110- COR -ONS
2200 FIRST BANK PLACE EAST
MINNEAPOLIS, MINNESOTA 55402
( 612) 340-2600
TELEX 29-0605
FAX (612):340-2868
STEVEN K. CHAMPLIN
(612) 340-2913
May 15, 1989
James J. Thomson, Jr., Esq.
Lefevere, Lefler, Kennedy
O'Brien & Drawz
2000 First Bank Place West
Minneapolis, Minnesota 55402
Re: Lyndale Terminal Co. and
Holiday Stationstores, Inc. v.
City of Plymouth
Dear tfr. Thomson:
today.
I- to
MAY 1 kri 1389
360 FIRST NATIONAL BANK BUILDING
ROCHESTER, MINNESOTA 53903
(807)298-3136
31S FIRST NATIONAL BANK BUILDING
WAYZATA, MINNESOTA 55391
(612)475-0373
1200 FIRST INTERSTATE CENTER
BILLINGS, MONTANA 59103
(406)262-3800
201 DAVIDSON BUILDING
GREAT FALLS, MONTANA 59401
(406)727-3632
127 EASTFRONT STREET
MISSOULA, MONTANA 59,802
(4061721-6025
This letter is to confirm our telephone conversation
Our clients Lyndale Terminal Co. and Holiday Station -
stores, Inc. want the Court's Order dated May 2, 1989 finalized;
and they are prepared to dismiss their claims for constitutional
violations and entitlement to attorneys' fees and costs, assuming
that the City has no plans to appeal the case. Even though
our clients believe they could recover attorneys' fees and costs,
our clients have received the relief they badly needed, wish
to continue to be good corporate citizens of the City of
Plymouth, and have no interest in causing further expense for
the City.
I understand that you will recommend that the City
resolve the matter on the basis outlined above.
Sincerely,
Steven K. Champlin
SKC:nrw
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Lyndale Terminal Co. and
Holiday Stationstores, Inc.,
VS.
City of Plymouth,
Defendant.
I- 6
OTHER CIVIL
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Court File No. 88-10088
ORDER
Pursuant to the attached Stipulation Regarding Entry of
Final Judgment, IT IS HEREBY ORDERED that:
1. The judgment ordered in the Court's Order dated
May 2, 1989 shall be a final judgment. _
2. The City of Plymouth waives all of its appellate
rights, including its right to appeal from the May 2, 1989 Order
and final judgment.
3. Plaintiffs' claims other than those decided by the
Court's Order dated May 2, 1989, including the claims for
constitutional violation and attorneys' fees and costs, are
dismissed with prejudice.
4. The parties shall bear their own costs, expenses,
and attorney's fees.
Let Judgment Be Entered Accordingly.
Dated: K -2. , 1989.
ROBERT"G. SCHIEFELBEIN
JUDGE OF DISTRICT COURT
NORTHWEST HENNEPIN
May 12, 1989
Dear Mayor Virgil Schneider,
I-7
HUMAN SERVICES COUNCIL
Since 1972, the Northwest Hennepin Human Services
Council has been the human services planning, research and
coordinating agency serving the fifteen municipalities of
Northwest Hennepin County. Combining resources for planning
human services has proven to be a cost-effective approach and
a good example of collaboration among the municipalities.
The Council is involved with a broad array of human
services. Human services is an issue that affects each and
every citizen's quality of life. Current Council projects
include studying transportation and housing for seniors,
student opportunities for community service work, programming
for runaway youth, community leadership development, and food
options for low-income individuals. As a community, we all
benefit directly or indirectly from human services. Planning
and coordination of these services is as vital to the quality
of life of residents as the planning for streets, sewers, and
other city infrastructure concerns, because these concerns
address the citizens of our area as wholistic people.
The Council assists funders as well as agencies, cities
as well as citizens, providers as well as clients, because
good information ultimately helps everyone. If an agency
needs technical assistance in developing a program, this help
is a benefit to the funders, agencies, and clients. If a
business wants to recruit diversified employee groups, the
employer, employee, and community all benefit. Planning is a
vital component to making good decisions. Time and money
spent up front prevents bad decisions that later waste time
and money.
It has been fun to see the many successes of the past
years. The development of new services and programs; the
improvement and refinement of existing services; the
public/private initiatives.
In 1988, the Council's successes included:
0 piloting a Community Outreach program with three
successful forums
0 successfully
advocating
for and securing more than
$15,000
in additional emergency
loan funds for
individuals
in
crisis.
BROOKLYN CENTER
CORCORAN
GOLDEN VALLEY
MAPLE GROVE
PLYMOUTH
BROOKLYN PARK
CRYSTAL
HANOVER
NEW HOPE
ROBBINSDALE
CHAMPLIN
DAYTON
HASSAN
OSSEO
ROGERS
7601 Kentucky Avenue N. • Brooklyn Park, MN 55428
(612) 493-2802
S-7
0 completing a comprehensive citizen input survey that
provided useful data to municipalities on human service
needs
0 coordinating the NW Local Mental Health Advisory Committee
which advocated for and successfully secured a Regional
Support Service Program for chronically and persistently
mentally ill individuals in the NW area
These are but a few examples. In 1989 we have continued
with our active role in the community through our networks,
technical assistance and consultation, through lobbying
efforts and through research and planning as well as through
providing emergency loans and distributing surplus
commodities.
These are among the service your contribution helps to
support. As you may recall, we conducted a market value
study of our services and programs in 1988 which showed our
overall net worth at ten times our operating budget. The
average investment return for member cities was $37.00 for
each $1.00 contributed.
We look forward to working with you in 1990 and hope you
will call on us with your specific human services planning,
research, coordinating, and program development needs. We
welcome your requests for assistance, your suggestions and
input.
For 1990, the Executive Board has voted on a $0.22 per
capita contribution to help meet inflationary costs'.--�
Thanks for your past, present and future support. Your
City's per capita contribution for 1990 is on the attached
page.
(Sticrely,
r
Patricia S. Wilder, Executive Director
Northwest Hennepin Human Services Council
C✓V
Geralyn Ba one, Chair 167-0
Northwest Hennepin Human Services Council
cc. Milt Dale
_-?
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
I N V O I C E
TO: City of Plymouth
FROM: Northwest Hennepin Human Services Council
DATE: May 15, 1989
TOTAL CONTRIBUTION TO THE NWHHSC 1990 OPERATING BUDGET: $,5:497:00,
BROOKLYN CENTER CORCORAN GOLDEN VALLEY MAPLE GROVE PLYMOUTH
BROOKLYN PARK CRYSTAL HANOVER NEW HOPE ROBBINSDALE
CHAMPLIN DAYTON HASSAN OSSEO ROGERS
7601 Kentucky Avenue N. • Brooklyn Park, MN 55428
(612) 493-2802
Metro Area
Outstate
Total
Metro
Outstate
Total
Homestead Taxes
Metro
Market Value
Taxes
Increase $ & %
Outstate
Market Value
Taxes
Increase $ & %
Western Suburbs
Market Value
Taxes
Increase $ & %
TAX CONFERENCE COMPROMISE
Projected 1990 Net Property Tax Increase
$699479,000 3.4%
$5,747,000 .6%
$75,226,000 2.5%
Homestead
$10,048,000 1.5%
($3,184,000) (1.5%)
$6,864,000 .8%
1/3 Below
Average Value
$58,400
$593
$48 8.7%
$30,000
$288
$8 2.9%
$71,100
$751
$59 8.5%
House Research 5/20/89 - Simulation 8G1
C/I
$69,846,000 8.2%
($3,758,000 (1.7%)
$66,088,000 6.2%
Average Value
$87,300
$1,061
($35) (3.2%)
$44,800
$430
$12 2.8%
$106,200
$1,507
($8) (.5%)
1-9
1/3 Above
Average Value
$116,100
$1,821
($35) (1.9%)
$59,500
S571
$15 2.7%
$141,200
$2,632
$55 2.2%
�,
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1980, Northern Lights Award
MERIT AWARD
Promotional Brochure
to
HELEN LaFAVE
City of Plymouth
Mickel S. Sobolewski
President. 1989
TT
GENERAL Nancy J. Fletcher,
CAMPAIGN general manager,
Naegele Outdoor
VICE CHAIR Advertising, Inc.,
Development of the Twin Cities.
COMMUNITY
COMMUNITY BROOKLYN PARK MPAIGNS
Thomas A. Welch, president, CA ,
CAMPAIGN Norwest Bank Minnesota, N.A.,
CHAIRS Brooklyn Park Office
BURNSVILLE a
Catherine Dudderar,
regional vice president, Centel .local response
EDEN PRAIRIE
Don Breitenstein, financial consultant, to The Phoenix Companies
EDINA
Dennis Maetzold, president, community needs
Marquette Bank Edina
GOLDEN VALLEY
Idelle Schranck, president, Wild World, Inc.
HOPKINS
Greg Peterka, president, First Bank Hopkins IN q E MAW
MINNETONKA
Thomas Fritz, president,
Investors Savings Bank
PLYMOUTH
Carol Weber Rohde, president, Norwest
Bank Minnesota, N.A., Plymouth Office
RICHFIELD
John Hamilton, public affairs specialist,
Opportunity Workshop, Inc.
United Way.
United Way brings people together in
an organized way to enhance our
community's capacity to meet the
needs of its people. In 1989, nine suburbs
will take that mission and apply it to the
local level. Through volunteers' efforts,
these Community Campaigns are
tailored to local and
UNITED NAY small businesses, to
COMMUNITY involve them in the
fund-raising process
CAMPAIGNS and increase their
.a Gra, R,,,,;. cii,,,, knowledge of health
and human care
services in their communities.
Active volunteers include leaders from
small businesses, local non-profit
organizations, civic and business clubs,
the school district and city government
Last year, nine community planning
teams designed successful fund-raising
efforts which included separate finan-
cial goals, United Way agency displays
at shopping centers, parades and
community celebrations, Volunteer
canvassers effectively solicited more
than 2000 small businesses located in
the nine communities.
This year, United Way Community Cam-
paigns will involve people, businesses
and organizations in Brooklyn Park,
Burnsville, Eden Prairie, Edina, Golden
Valley, Hopkins, Minnetonka, Plymouth
and Richfield.
JL_ I 1
We live in a changing and demanding
society where we all can be affected
by problems. Volunteers from many
areas of the community work together
to raise and distribute funds to keep
quality health and human services
available for hundreds of thousands
of people.
• In 1989, United
Way is distributing
$35 million to more
than 370 health
and human care
programs in 124
participating agencies.
HOW
UNITED WAY
WORKS IN YOUR
NEIGHBORHOOD
• United Way maintains fund-raising
and administrative costs at 10 percent,
among the lowest of major charities.
The populations of surrounding counties
such as Anoka, Dakota and Scott will
continue to grow, expanding by an
estimated 22 percent before the year
2000. To keep pace with this growth,
United Way funding to suburban coun-
ties has increased by nearly 25 percent
since 1984.
Rapidly growing problems challenge us
to find the best way to help;
Food shelf use in Anoka, Carver and
Scott counties rose 31 percent bet-
ween 1986 and 1987
e A recent study indicates suburban
high school seniors are more likely to use
alcohol, amphetamines and cocaine
than seniors in Minneapolis schools.
* Fifty percent of women with children
under 1 work outside the home.
e Heart or blood vessel disease causes
48 percent of all deaths in Minnesota.
Together, we can make a difference.
Through United Way, we can all make
our community a healthier and better
place to live, work and raise families.
1989 Community Campaign Canvasser
Job Description
The canvasser is recruited by and reports to a community team
member. The canvasser's main responsibility is to make visits to
a specified list of small businesses, seek a corporate gift and
permission for another United Way volunteer to present an
employee giving program. The canvasser's total time commitment
will not exceed 10 hours including a training workshop.
Specific Duties
A. Attend a two-hour workshop which includes a tour of a United
Way funded agency. A_�. ip i H prm - 2 i -,,Y-
B. Pre -schedule appointments with assigned small business
accounts (six - eight) according to canvasser's work
schedule.
C. Make visits to accounts during the designated campaign time
period. Canvasser will communicate United Way service
information, seek a corporate gift and/or ask for permission
for another United Way volunteer to present an employee
giving program. A,,3, 10., 1-1
D. After visits, canvasser will complete community campaign
report forms for each account and turn in to appropriate
Community Team Member or United Way staff member according to
the campaign timeline.1 tom'
�},�; 3«,c w '1 `r �
E. Attend Community Campaign K1c,kSlf and Victory Celebration.
F. Attend Community Campaign awareness events, A Fair of the
Heart and/or a Victory Gala (all optional).
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 26, 1989
The Regular Meeting of the Plymouth Planning Commission was
called to order at 7:30 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
Michael Stulberg, John Wire, Dennis Zylla,
Larry Marofsky, and Hal Pierce.
MEMBERS ABSENT: Joy Tierney
STAFF PRESENT: Community Development Coordinator Charles
Dillerud, Assistant Engineer John Sweeney
and Planning Secretary Jackie Watson.
*MINUTES
MOTION by Commissioner Wire, seconded by Commissioner
Stulberg to approve the Minutes for April 12, 1989.
VOTE. 5 Ayes, Commissioner Marofsky abstained.
MOTION TO APPROVE
Chairman Plufka introduced the request of Richard Neslund RICHARD NESLUND - TRENTON
for a Final Plat/Site Plan/Conditional Use Permit for OAKS (87069)
Trenton Oaks to construct 168 units of rental townhouses
located north of 10th Avenue and east of South Shore Drive.
Chairman Plufka waived the reading of the April 17, 1989
Staff Report.
Chairman Plufka introduced Mr. Greg Frank of McCombs -Frank -
Roos Company, representing the petitioner.
Commissioner Marofsky asked where the handicapped parking
and guest parking were located.
Mr. Frank stated that the handicapped, parking was located
inside the garages but they could label some outside parking
as handicapped parking also. He said that there are 37
guest parking stalls.
Commissioner Pierce asked where the guest parking stalls
were located.
Commissioner Marofsky stated that according to the
Ordinance, the area in front of the garages is considered
guest parking area.
A discussion followed on the length of the parking stalls.
I-la0. .
Mr. Frank stated that the design of the parking stalls meets
or exceeds that of 16 feet required in the Ordinance.
Chairman Plufka opened the Public Hearing. There was no one
present to speak on the issue.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DENY
Wire to recommend denial of the petition because of the
inadequate facilities for guest parking.
Commissioner Wire asked what the requirement was for guest
parking.
Commissioner Marofsky stated that he felt there was not
enough guest parking. There are only 1 1/2 stalls per unit
and 1/2 stall is for guests. There is no handicapped
outside parking. He also stated that 16 feet from the
garage to the curb is inadequate. He said that there
possibly could be 100 units with children living in them and
there was not adequate play area.
Commissioner Wire asked if there would be a recreation area
for children.
Mr. Frank responded that there were open spaces but no
paths. Some amenities could be added at a later time.
Chairman Plufka asked if the development could be designed
with more parking spaces.
Mr. Frank stated that this was possible but that this would
include increasing the hard surface of the development. He
stated that in most cases the parking stall length is 18 1/2
feet which exceeds the Ordinance requirements.
Roll Call Vote. 1 Aye, Commissioners Wire, Pierce, Zylla, VOTE - MOTION FAILED
Stulberg and Chairman Plufka Nay. MOTION failed.
MOTION by Commissioner Wire, seconded by Commission Stulberg MOTION TO APPROVE
to recommend approval of the petition subject to the
conditions listed in the Staff Report of April 17, 1989.
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND
Stulberg to add Condition #10 to the Approving Site Plan and
Conditional Use Permit Resolution stating that all visitor
parking be constructed to meet Ordinance standards.
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND
Stulberg to add Condition #11 to require a path from the
visitor parking lot on Union Terrace Lane to the visitor
parking lot on Trenton Lane.
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
I- q a'
MOTION by Commissioner Zylla, seconded by Commissioner
MOTION TO AMEND
Marofsky that the developer design a suitable tot lot on the
site.
Roll Call Vote. 5 Ayes, Commissioner Stulberg Nay. MOTION
VOTE - MOTION CARRIED
carried.
Roll Call Vote to approve the Main Motion as amended. 5
VOTE - MAIN MOTION AS
Ayes, Commissioner Marofsky Nay. MOTION carried.
AMENDED - MOTION CARRIED
Chairman Plufka introduced the request of John Gullickson
JOHN GULLICKSON. SEVEN
for Rezoning and a Preliminary Plat for Seven Ponds North
PONDS NORTH (88132)
located at the southwest corner of Dunkirk Lane and County
Road 24.
Coordinator Dillerud presented the April 17, 1989 Staff
Report.
Chairman Plufka introduced Mr. Gary Gabriel, a surveyor,
representing the petitioner.
Mr. Gabriel stated that he was in agreement with the Staff
Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Karl Reuter of 3320 Fountain
Lane.
Mr. Reuter asked if the land for the development had been
purchased, and what the price range of the homes would be in
the development if approved.
Mr. Gabriel stated that the property had not been purchased
and could not respond as to the price range of the homes.
Mr. Reuter also asked if the zoning, if changed to R -1A,
could be changed again.
Chairman Plufka stated that a change in ownership of the
land could result in a change in the guiding if requested by
the new owner.
Commissioner Zylla stated that the common driveway between
Lots 7 and 8 may be an unreasonable limitation.
Commissioner Marofsky stated that a portion of this land is
under study and review for reguiding by the Planning
Commission.
MOTION by Commissioner Marofsky, seconded by Commissioner
MOTION TO TABLE
Stulberg to Table the petition until the reguiding has been
completed.
I•1a".
Roll Call Vote. 2 Ayes, Commissioners Wire, Pierce, Zylla
VOTE - MOTION FAILED
and Chairman Plufka Nay. MOTION failed.
MOTION by Commissioner Zylla, seconded by Commissioner Wire
MOTION TO APPROVE
to recommend approval of the petition subject to the
conditions listed in the Staff Report of April 17, 1989.
MOTION by Commissioner Zylla, seconded by Commissioner Wire
MOTION TO AMEND
to amend the Main Motion stating that there will not be a
shared driveway between Lots 7 and 8.
Roll Call Vote. 3 Ayes, Commissioners Pierce, Marofsky and
VOTE - MOTION FAILED
Stulberg Nay. MOTION Failed.
Roll Call Vote on Main Motion. 4 Ayes, Commissioners
VOTE - MOTION CARRIED
Marofsky and Stulberg Nay. MOTION carried.
Chairman Plufka introduced the request of Lundgren Brothers
LUNDGREN BROTHERS
Construction Company for a Preliminary Plat and Variances
CONSTRUCTION (89005)
for property located at the north end of Mooney Lake and
west of the end of 25th Avenue North.
Coordinator Dillerud presented the April 17, 1989 Staff
Report.
Chairman Plufka introduced Mr. Peter Pflaum representing the
petitioner.
Mr. Pflaum stated that the extended cul-de-sac on Brockton
Lane was designed so that the Reiser's would have the area
needed to give two lots to their children.
Mr. Pflaum also stated that the dredging being requested
will be minimal and preserve the wetland area.
Mr. Pflaum stated that the petitioner wanted to build a
residence on Lot 20 as it is the best lot on the property.
He said that the developer should be reimbursed for the
property if it was required for park land.
Mr. Pflaum introduced Mr. Mike Pflaum, also representing the
petitioner.
Mike Pflaum related the petitioner's desire to maintain the
wildlife habitat of the area; the dredging plans; and the
plan to make the area more attractive.
Commissioner Marofsky asked who would be responsible for the
maintenance of the drainage pond on Lot 2.
Peter Pflaum responded that the Homeowner's Association
would be responsible.
I- I as
Commissioner Marofsky asked who is responsible for
protecting the buffer around the lake.
Peter Pflaum responded that this area is protected by the
Department of Natural Resources.
Commissioner Marofsky asked if docks would be permitted on
the lake.
Peter Pflaum responded that this would be a decision of the
Homeowner's Association, but that the developer wanted 1
dock for canoes to be owned by the Homeowner's Association.
Chairman Plufka asked where the launch point would be.
Mike Pflaum responded that the launch point would be between
Lot 4 and Lot 5, Block 4.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Paul Robertson, representing
the Mooney Lakefront Association.
Mr. Robertson stated that he felt the dissemination of
information prior to the hearing regarding this petition was
inadequate. He stated that more legal and environmental
information is needed before approval of this petition.
Mr. Robertson used transparencies to aid his presentation.
He stated the Association's views on the impact of the
dredging; deed restrictions and who enforces; maintenance of
the holding pond; and, sewage lift station malfunction. He
stated that they would like to see the EAW and DNR
statements, and an independent assessment on the dredging
done before the Commission approved this petition.
Chairman Plufka asked the petitioners to respond to the
concerns of Mr. Robertson and the Mooney Lakefront
Association.
Coordinator Dillerud stated that notices regarding the
petition were done according to law. He said that anyone
wishing to be on a mailing list cou1d leave their name and
address and the Community Development Department would mail
them any future notices, if required.
Mr. Rick Sather, Sather-Bergquist Engineering, discussed
each of the questions raised by Mr. Robertson relating to
dredging, lake water level, slopes, the lake seal and the
sewage lift station. He also stated that the EAW data is
gathered but it is not required until the Preliminary Plat
is approved.
A recess was called at 9:50 p.m.
The meeting reconvened at 9:57 p.m.
Commissioner Marofsky asked if the DNR did a review on this
petition.
Coordinator Dillerud responded that the DNR is reviewing
this petition and a permit request to alter Protected
Waters.
Rick Sather discussed the holding pond, stating how the
existing conditions of drainage and debris in the lagoon
will be improved by the petitioner's proposals.
Chairman Plufka introduced Mr. Dick Bogen of 2115 Xanthus
Lane.
Mr. Bogen stated his concerns with the dredging; enlarging
the lake; the holding pond; and, the boat access. He said
he did not want public access to the lake.
Chairman Plufka introduced Ms. Doris Bullard of 2025 Xanthus
Lane.
Ms. Bullard stated her concerns regarding the loss of fish
and wildlife habit that would result from the lake dredging.
She also said that she wants the area of Lot 20 preserved,
as it is needed for the wildlife.
Chairman Plufka introduced Mr. Bill Chesney of 18520 25th
Avenue North.
Mr. Chesney stated his concern about the increased traffic
that will result on 25th Avenue North. He stated that there
is a playground on the northeast corner, and he would like
to see traffic slowed with the erection of stop signs.
Chairman Plufka introduced Mr. Gerald Freeman of 2105
Xanthus Lane.
Mr. Freeman stated his views to the Commission on the need
for more testing of the impact of the proposed development.
He stated that the development will double the number of
homes on the lake, and he would like the Commission to take
their time in reviewing the petition, and delay their
approval.
Chairman Plufka introduced Mr. Brian Lokkesmoe of 2415
Walnut Grove Lane.
Mr. Lokkesmoe stated his concerns on the dredging, the
driveway proposed for Lot 20; and the drainage of the
Imperial Hills Development. He said he did not feel the
catch basin proposed at 25th Avenue North would be large
enough.
1-1 a4x
Chairman Plufka introduced Ms. Marilyn Miller of 2005
Xanthus Lane.
Ms. Miller said she was concerned about the wetlands',
wildlife; and the possibility that the dredging would break
the lake seal.
Chairman Plufka introduced Mr. Robert Navara of 2510
Urbandale Lane North.
Mr. Navara stated his concern on the increased traffic on
Urbandale Lane; and the water pressure problems in the area.
Public Works Director Fred Moore stated that the developer's
proposal should improve the water pressure because the
"loop" of the water system for the area would be completed.
Chairman Plufka introduced Dr. D. M. Nicoloff of 1492 Hunter
Drive, Medina.
Dr. Nicoloff stated his concern regarding the holding pond.
He stated that the chemicals used to control it would
collect and would be dangerous to the health of children.
Dr. Nicoloff also stated that he did not think Lots 4 and 5
were able to meet requirements for lot size, and, because of
the steep incline, should be combined into one lot. Dr.
Nicoloff stated that he was also concerned about who would
police the lake to make sure users were members of the
Homeowner's Association.
Chairman Plufka stated that Lot 4 was 30,000 square feet and
Lot 5 was 20,900 square feet, and exceeded requirements.
Chairman Plufka introduced Mr. Eric Rohde of 2520 Urbandale
Lane.
Mr. Rohde expressed his concern over the increased traffic
that will be on Urbandale Lane, and the bad water pressure.
He asked whether a traffic study had been done.
Assistant Engineer Sweeney stated that the traffic should
remain constant and will be just the local residents. The
speed limit will be 30 m.p.h.
Chairman Plufka introduced Mr. Keith Seleen of 19025 26th
Avenue North.
Mr. Seleen expressed his concern over the increased traffic
resulting from the construction process, and the impact an
entrance monument would have on his property. He said he
wanted to know the plans for Brockton Lane.
1-1a0,
Chairman Plufka introduced Mr. Rick Vanderford of 2615
Zircon Lane.
Mr. Vanderford stated that he was concerned about the
drainage for the pond and its effect on the Greentree area.
He stated that he thought the pond would raise the water
table.
Chairman Plufka introduced Mr. Dave Volker of 2830 Brockton
Lane.
Mr. Volker stated that the Planning Commission should be
mindful of how to govern access to the lake, and he said he
did not think it would be realistic to change the size of
the lake. He stated that an increase in residences would
increase the chemical content of the lake because of the
increased use of lawn chemicals, and this would have an
impact on the lake.
Mr. Volker said that Lot 20 should be preserved, but should
not be accessible to the public, and that it should be
policed.
Chairman Plufka introduced Mr. Donn Wassink, President of
the Imperial Hills Homeowner's Association, of 2345 Walnut
Grove.
Mr. Wassink said he supported the idea of keeping Lot 20 as
a preserved area. He said he was concerned that the trail
proposed would impede drainage in his backyard.
Chairman Plufka introduced Mr. Paul Wirtz of 2325 Walnut
Grove Lane.
Mr. Wirtz distributed a letter to the Planning Commission
expressing his concerns over the noise and overflow from the
lift station. He said he preferred that the new development
build their own lift station.
Mr. Wirtz also stated that the proposed driveway to Lot 20
would block drainage from the area.
Chairman Plufka introduced Mr. John Young of 18540 23rd
Avenue North.
Mr. Young stated his concern with the boat access and
destruction of the wildlife. He also stated that he did not
feel the Homeowner's Association could be responsible for
policing the lake access.
Chairman Plufka recognized Mr. Paul Robertson a second time.
Mr. Robertson stated that the Commission should be mindful
that there had been no one at the Public Hearing who spoke
in favor of the development.
Chairman Plufka directed the petitioners to respond to the
issues of drainage, the holding pond and traffic raised by
the public.
Rick Sather explained that the lagoon would be excavated to
remain within the size that is currently encompassed by the
Ordinary High Water elevation (988.0).
Mr. Sather stated that access to the lake between Lots 4 and
5 would be only for Association members. He said that the
upland pond would slow the drainage to the lake and that
there was no proposal to chemically treat the water. He
also said that the developers would gradually slope the edge
to the pond.
Mr. Peter Sabee with Barr Engineering, representing the
petitioner, stated that much of the phosphorus which makes
lakes green would settle in the holding pond before the
water ran into the lake. He said that the lake would fill
with sediment faster without the holding pond.
Mr. Sather stated that the road leading to Lot 20 would need
to be filled and have drainage pipes installed. He said
that the upland pond would improve drainage to the corridor
along trail. The lift station would provide more storage
during electrical outages.
Assistant Engineer Sweeney stated that the overflow from the
lift station only resulted when there was a power failure of
several hours. The air injection system causes the noise.
Mr. Sather stated that the street design would slow the
traffic on Urbandale Lane and Brockton Lane.
Mr. Sather said that construction vehicles would be parked
on the development land and not on the road.
Mr. Sather said that it would be up to the Association and
the neighbors to police the lake area.
Peter Sabee explained the value of creating new wetland area
resulting from the dredging. The water levels and
excavation will keep the area wet and protect the land, the
size of the lake won't change.
Commissioner Marofsky asked how long the excavation would
last before the lake filled again.
Mr. Sather stated that he had no definite answer on the lake
filling after the excavation, and that this would depend on
the wave action and drainage, but that the upland pond
should slow the process.
Chairman Plufka closed the Public Hearing.
Commissioner Marofsky stated that the home located in Medina
shared the Reiser driveway.
Mr. Sather stated that Lundgren's was working with the
property owner and would build a new driveway.
Commissioner Pierce asked if the City reviewed the
Homeowner's Association covenants.
Coordinator Dillerud stated that this is done at the Final
Plat stage. The document will then be reviewed by the City
Attorney.
MOTION by Commissioner Zylla, seconded by Chairman Plufka to
recommend for approval the requested Preliminary Plat and
Variances subject to the following conditions: 1)
Dedication of Outlots A, B, C, E and Lot 20; 2) Forbid any
dredging; 3) Make Lot 20 passive recreation area; and 4) Add
conditions to the covenants to preclude the lake access on
Outlot E.
I- I as
MOTION TO APPROVE
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce to delete all amendments/modifications to the staff
recommended resolution contained in the Main Motion.
Roll Call Vote. 4 Ayes, Commissioners Zylla and Stulberg VOTE - MOTION CARRIED
Nay. MOTION carried.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce to remove Condition 8. a. and add a condition to read
"The structure front setback at Lot 6, Lot 7, and Lot 8,
Block 4 shall be sufficient to make lot width at the front
setback line 110 feet.
Roll Call Vote. 6 Ayes. MOTION carried.
VOTE - MOTION CARRIED
MOTION by Commissioner Wire, seconded by Commissioner Pierce MOTION TO AMEND
to have an independent soil boring test done for the lake
bottom seal.
Public Works Director Moore stated that this would be done
as part of the EAW.
Commissioner Wire withdrew his motion.
MOTION TO AMEND WITHDRAWN
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce to add a Condition stating that there be no
excavation in the lagoon area.
Roll Call Vote. 3 Ayes, Commissioners Pierce, Stulberg and VOTE - MOTION FAILED
Chairman Plufka Nay. MOTION failed.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce to add a Condition stating that in the Homeowner's
I- I ;(M
Association document to be submitted along with the Final
Plat that there will be no private docks allowed; and there
shall be no individual private party work in the wetland
areas. The protective covenants of the plat shall give the
City the right of enforcement and maintenance.
Roll Call Vote. 5 Ayes, Commissioner Wire Nay. MOTION VOTE - MOTION CARRIED
carried.
MOTION by Commissioner Wire to add a Condition stating that MOTION TO AMEND
if access to the lake from Outlot E becomes a problem, the
City will take steps to assess the Homeowner's Association.
MOTION died for lack of a second.
MOTION DIED FOR LACK OF A
SECOND
MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO AMEND
Marofsky to add a Condition stating that Lot 20 will be
preserved as a passive area, as recommended by the Director
of Parks and Recreation.
Roll Call Vote. 6 Ayes. MOTION carried.
VOTE - MOTION CARRIED
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Wire that Lot 20 north of the south line of Lot 19 be added
to Lot 19 .
Roll Call Vote. 5 Ayes, Commissioner Stulberg Nay. MOTION VOTE - MOTION CARRIED
carried.
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND
Stulberg that Outlot E be stricken from the plat and that
there will be no lake access from Lots 4 and 5.
Roll Call Vote. 3 Ayes, Commissioners Pierce, Zylla and VOTE - MOTION FAILED
Marofsky Nay. MOTION failed.
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO AMEND
Marofsky that Lundgren Brothers must provide an auxiliary
generator for the existing sewer lift station.
Roll Call Vote. 1 Aye, Commissioners Pierce, Zylla, VOTE - MOTION FAILED
Marofsky, Stulberg, and Chairman Plufka Nay. MOTION failed.
Commissioner Wire stated that he was,concerned about the
health hazard problem that could be created.
Roll Call Vote on MAIN MOTION. 6 Ayes. MOTION carried. VOTE ON MAIN MOTION -
MOTION CARRIED
Chairman Plufka introduced the petition by Jack Swedlund for JACK SWEDLUND/NORTHFORK
a Preliminary Plat and Rezoning located at the northwest (89016)
quadrant of County Road 9 and Vicksburg Lane.
Chairman Plufka waived the reading of the April 17, 1989
Staff Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Rick Sather representing the
petitioner.
Mr. Sather stated that the staff recommended denial of the
Resolution was because of the access/exit point to Vicksburg
Lane of the development. He said that his review of this
issue confirmed his opinion that the access/exit point is
the safest sight distance from the intersection. He said it
would be wiser to move the Covenant Church exit because at
some time a center median would probably be installed on
Vicksburg Lane, and this would not allow the Church traffic
to exit to the south.
Chairman Plufka introduced Mr. Jim Hart of 4725 Vicksburg
Lane.
Mr. Hart stated that he is in favor of the development. His
only concern was that his property also needs sewer and
water, and that he would like the utilities available to
him.
Coordinator Dillerud stated that this was possible upon
petition by Mr. Hart if his land could be served by gravity
with a lateral extension.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Wire, seconded by Commissioner Zylla MOTION TO APPROVE
to recommend the petition for approval as submitted subject
to the conditions of the Staff Report dated April 17, 1989.
Roll Call Vote. 5 Ayes, Commissioner Marofsky Nay. MOTION VOTE - MOTION CARRIED
carried.
Commissioner Marofsky clarified his Nay vote on the above
Roll Call Vote stating that he was opposed to the concept of
handling each parcel of land individually in an area where
sewer is not available. He stated that this utility should
be available to entire area as a package.
Meeting adjourned at 1:10 a.m.
z-Iaa
CITY OF PLYMOUTH
PLANNING COMMISSION MEETING
MAY 3, 1989
The Planning Commission Study Session on the Comprehensive
Plan was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
Michael Stulberg, John Wire, Dennis Zylla,
Larry Marofsky, Hal Pierce and Joy
Tierney.
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Coordinator Charles
E. Dillerud, Associate Planner Al
Cottingham.
Chairman Plufka reviewed the purposes for this Planning
Commission Study Meeting. He noted that staff had prepared
a "Public Hearing Manual" that would be introduced to the
Commissioners this evening. He noted that it would then be
important for the Commission to discuss rules and procedures
that would be undertaken at the forthcoming Public Hearing
May 10, 1989. Finally he noted that it was necessary for
the Commission to again review the language of the Land Use
Guide Plan Text with respect to commercial uses.
Coordinator Dillerud reviewed the contents of the Public
Hearing Manual that had been prepared by staff. He
explained that the manual was made up of sections that
related to the legal notices that had been both published
and mailed; the Goals, Objectives and Criteria draft that
was approved for hearing by the Planning Commission; the
latest draft of the Land Use Guide Plan text; Property Owner
communications that had been received since the last
distribution of that material to the Planning Commission;
and a set of half -section graphics with the areas of the
Land Use Guide Plan Map proposed for amendment highlighted.
Commissioner Marofsky noted that the "Mission Statement" had
not been included in the draft Goals, Objectives and
Criteria contained in the manual. He further noted that it
would appear that the Goals, Objectives and Criteria draft
that had been included was an earlier version and did not
contain the latest editorial changes the Commission had
directed.
z- a
Coordinator Dillerud stated that he would review the
contents of the draft contained in the manual against the
latest version contained in the Commissioner's 3 -ring
notebooks and provide the Commissioners with whatever
adjusted pages were necessary on Friday, May 5, 1989.
Coordinator Dillerud then reviewed the 4 "Housekeeping"
Zoning Ordinance text changes that were also to be the
subject of a second Public Hearing May 10, 1989. He noted
to the Commissioners that they involved temporary signage
for grand openings; conditional use permits for athletic
facilities in the I-1 zone; adjustment of the minimum lot
size requirements of the LAR Zoning District to correspond
with the Subdivision Ordinance; and adjustment to the timing
of financial guarantees on Site Improvement Performance
Agreements to coincide with issuance of Certificates of
Occupancy. He noted that the proposed amendments were the
result of direction from the City Council/Planning
Commission; changes in other legislation that impacts the
Zoning Ordinance; or the result of administrative experience
with certain sections of the Zoning Ordinance.
It was the consensus of the Planning Commission that the
Public Hearing concerning the proposed amendments must be
held May 10, 1989, but would not be held until near the end
of the evening.
With respect the Hearing on the Comprehensive Plan it was
the consensus of the Commissioners that the order of
consideration with respect the elements under consideration
would be as follow:
I. Land Use Guide Plan Map - Areas proposed for change by
the Planning Commission sequentially by area number.
2. Land Use Guide Plan Map - Areas of the community not
recommended for amendment by the Planning Commission.
3. Land Use Guide Plan Text.
4. Goals, Objectives and Criteria text.
It was the consensus of the Planning Commission that the
Chairman should advise all Hearing participants that it was
the goal of the Commission to have individual testimony
completed within 5 minutes if possible. While there would
be no firm limitation on this the Chairman would encourage
all Hearing participants to attempt to honor that goal.
Each hearing participant would be required to complete a
"blue card" for each designated area upon which he wished to
testify. A Hearing participant whose property is located in
more than one land use area for consideration will be
permitted to address his entire parcel at one time. The
Commissions indicated that it was their intention to use the
IIa0l.
Planning Commission assigned area identifiers as reference
points exclusively in those areas where the Planning
Commission was recommending amendment. Staff was directed
to be sure that those wishing to speak at the Hearing would
identify the area to which they were addressing their
remarks in terms of the Planning Commission designated
identifying numbers - not PIN numbers.
It was the consensus of the Commission that staff be
directed to place a manned information table out in the hall
at which Public Hearing participants could determine the
proper area number for the land with which they were
concerned, and pick up all related Hearing materials.
Materials and graphics to be prepared prior to the Hearing
are to be the following:
1. A large wall chart to be placed in the City Center
hallway that contains a matrix describing the Land Use
Guide Plan narrative classification system.
2. A handout packet that contains the pages of the Land Use
Guide Plan text which describes the classifications in
legislative format.
3. Wall maps in several locations that clearly lay out the
Planning Commission assigned numbering system for the
area proposed for Land Use Guide Plan amendment. The
purpose of these maps would be for the petitioners to
have substantial opportunity to relate property with
which they are concerned to the proper Planning
Commission assigned area number.
4. Large scale transparencies of the individual numbered
areas depicting the land within the area to be reguided
and the existing physical constraints that have been
identified for the area.
It was a consensus of the Commission that the Hearing on
May 10 continue only until 12:00 Midnight. If at that time
there were people still waiting to be heard, the Hearing
would be continued until either the night of May 11, or the
night of May 18, (the night of May 11, strongly preferred).
Staff was directed to coordinate with other City agencies to
have the Council Chambers available for May 11, or May 18.
A further consensus of the Planning Commission that it would
not discuss its recommendations or the testimony received at
the Public Hearing, or make any decisions with respect to a
recommendation to the City Council on the night of the
Hearings. It was decided that the special Planning
Commission meeting would be scheduled for May 31, 1989, at
which time the Planning Commission would discuss the results
of the Hearing and begin formulating a recommendation to the
City Council.
I I a a. -
Coordinator Dillerud indicated that the "Hearing Manual"
would be redistributed to the Planning Commission on Friday,
May 5, 1989, and would then include the proper draft of the
Goals, Objectives and Criteria; any modified language that
the Commission at this meeting would direct regarding any
adjusted wording for the Land Use Guide Plan text; and all
correspondence received by the City concerning these
proposed amendments as of Noon Friday, May 5, 1989.
The Planning Commission then discussed the wording of the
Land Use Guide Plan text that was a part of the draft
contained in the "Hearing Manual". It was a consensus of
the Commission that the wording that was contained in the
draft before was not complete with respect to modifications
that had been offered by Commissioner Wire at the Planning
Commission meeting of April 26, 1989.
MOTION by Commissioner Marofsky, seconded by Chairman Plufka MOTION TO APPROVE
to direct staff to correct the language of the "CS" and
"CRS" sections of the Land Use Guide Plan draft to
incorporate the recommended language that was. submitted by
Commissioner Wire at the April 26, 1989, meeting.
Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED
Commissioner Wire stated that he thought the
retail/commercial classifications would be better named "CN"
than the proposed "CRS".
Chairman Plufka commented that in his opinion the naming of
the retail land use classifications may be better off being
different than the existing "CN". He noted that a
significant change was being made in the way commercial
classifications are handled by the Land Use Guide Plan and a
name and this was a clear way of identifying to the public
that there are changes.
Commissioner Marofsky stated that he still favored a
modification of, or total elimination of, the "Public/Semi-
Public" Land Use Guide Plan classification. He stated that
it was unfair to the property owner with undeveloped
property to have a "Public/Semi-Public" guiding on his
property, even though that property was not physically owned
by any public or semi-public entities.
Coordinator Dillerud indicated that an action that would
result in the elimination of the "Public/Semi-Public" Land
Use Guide Plan classification would impact the Land Use Map
as well. Since there has been a legal notice published
addressing the map changes that are being considered at the
May 10, hearing, the concept of eliminating Public/Semi-
Public would necessarily be the subject of a future hearing.
He also informed Commissioners that he had heard that a
private property owner would be addressing the topic of
I Baa
"Public/Semi-Public" at the May 10, hearing. He suggested
that based on that testimony the Commission may wish to
consider the matter at a later time.
It was the consensus of the Commission to withhold
consideration of any modification to the "Public/Semi-
Public" Land Use Guide Plan classification until after the
May 10, 1989 Public Hearing.
Chairman Plufka adjourned the meeting at 9:30 p.m.
I 1 ;0b
Minutes of the Park and Recreation Advisory Commission Meeting
May 11, 1989
Page 19
Present: Chair Edwards, Commissioners Anderson, Freels, LaTour, Beach, Rosen
and Hanson; staff Blank, Busch, Patterson and Pederson; Planning
Commissioner Zylla, Councilmember Sisk
1. CALL TO ORDER
Chair Edwards called the May meeting to order at 7:30 p.m. in the Council
Chambers.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Rosen and seconded by Commissioner Beach
to approve the minutes of the April meeting with one correction noted by
Commissioner Freels on the change of date from May 17 to May 24 for the
park tour. The motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present at this meeting.
b. Staff. Rick Busch discussed the adult men's softball leagues that are
underway at this time, and women's, co-rec and church leagues
scheduled to begin the week of May 15. He stated that youth baseball
and softball association leagues have begun their practices and games,
as well as youth soccer. He indicated that summer part-time hiring
has begun, as well as the ordering of equipment, supplies and t -
shirts. Park and recreation sponsored golf and tennis lessons begin
the week of May 15, and the rest of the summer recreation programs
will all get underway the week of June 12. Zachary Playfield will be
very busy this summer with softball tournaments scheduled at least two
weekends every month.
C. Others. None were present at this meeting.
4. REPORT ON PAST COUNCIL ACTION
a. The City Council approved a contract with the community center
architect and a contract with a construction manager.
b.
5. UNFINISHED BUSINESS
a. Mooney Lake plat. This item is on the agenda for the City Council
meeting of May 15. The Planning Commission is recommending that Lot
20 of the proposed Lundgren Bros. plat be preserved for open space.
b. Comprehensive plan update. Director Blank pointed out that the
comprehensive plan was displayed on the wall in the chambers, and he
briefly reviewed it for PRAC. Planning Commissioner Zylla also made a
few short statements about the hearings they have held with regard to
the comprehensive plan's proposed reguiding.
I -gab
PRAC Minutes/May 11, 1989
Page 20
c. West Medicine Lake Drive trail update. Director Blank stated that he
had talked with Strgar-Roscoe and they are nearly finished with their
preliminary design. It is expected to be submitted to City staff for
review on May 19.
d. Community center update. A public hearing on the projected operating
costs and fees/revenues is set for Tuesday, May 16. The architect and
City staff have met several times in the last few days to draw and re-
draw the plans. The proposed schematic plan may be presented to the
Council on June 5.
e. Kilmer playground update. Four companies will be submitting bids for
the new playground equipment on Friday, May 12. Staff has gone to the
site and looked over the issues of the ditch, streets and culverts to
determine what can be done to prevent flooding of the park. The
street dept. may be able to help with these items later this year.
f. Plymouth Creek parking lot expansion. Contractor was scheduled to
begin work on the parking lot Monday, May 8, but he was rained out,
and according to Director Blank, still has not shown up there.
g. Park tour - May 24. The bus will leave the City Center at 5:15 p.m.
All commissioners indicated they would attend.
6. NEW BUSINESS
a. Swan Lake Qlat. Director Blank stated that this proposed plat does
not provide adequate park access for this neighborhood, and that staff
is in disagreement with the developer on the size of the park and the
issue of the trail on the west side of Swan Lake. It is staff's
recommendation that the developer be directed to redesign the park
with specific instructions to allow for more public land to front on a
street and work toward eliminating the overcrowding of houses and the
trail going around the lake. As a second alternative, staff suggests
that lots 1, 9 and 10 be included in the park property and that the
trail corridor on the west side of the lake be at least 100' wide and
all of it above the high water mark. The developer should also be
required to build the Quinwood Lane culdesac on property other than
that which has been dedicated for park. Director Blank's reasons for
wanting the trail corridor 100 feet wide is to help eliminate some of
the problems that could be encountered by having trail too close to
private back yards.
Tom Loucks, project designer for this proposed plat, then addressed
the Park Commission with the following remarks. He stated that the
proposed plat is 34 acres in size approximately, and that they have
dedicated a total of 3.43 acres with park proposed on the north end of
the plat and on the southeast corner of the lake. This meets the
City's 10% park dedication ordinance. He stated that his proposal
also provides 210 feet of park frontage on public streets, which,
although it does not meet the 50% desired ratio, is much greater than
the 99 feet and 50 feet provided by the developments on the east and
north sides of the park, and he feels that it would be unfair to
impose this policy on this development if it was not required of the
PRAC Minutes/May 11, 1989
Page 21
other developers. He also argued that the 100 foot wide trail
corridor requirement would take too much land away from Lots 1 through
10, and they would become undesirable for development. He also stated
that it was not the responsibility of this developer to construct the
Quinwood culdesac, since it does not benefit the Swan Lake West plat.
It should have been built by the townhouse development to the north.
In reference to why the plat wasn't designed to extend Quinwood south
and then west to meet up with 44th Avenue, Mr. Loucks responded that
the City's engineering department said it wasn't necessary to do that.
Dave Putnam, the project engineer, confirmed the statement about the
road connection not being necessary and further indicated that they
will not construct the culdesac either, since it does not benefit
their development.
Todd Rapp, the developer's attorney, expressed his opinion that the
City is suggesting departure from their own policy by wanting to
exceed the 10% park dedication. He stated that if the City desires to
acquire land from the developer, they will have to pay based on the
developed price rather than raw land cost. He indicated that this
opinion was based on a recent decision by the Supreme Court that a
developer can ask for compensation based on developed cost, which
would substantially increase the City's expenses.
Chair Edwards commented that her main concern with the Swan Lake West
plat is the 50 foot corridor for trail not being wide enough. She
also feels it could lead to problems with park users trespassing onto
the back yards of private residences as well as noise coming from loud
radios being used by walkers and bikers on the trail.
Craig Scherber, the developer, commented that the front yard setbacks
required of this plat are only 35 feet, and that that puts people in
closer proximity to the homes than the trail does.
Commissioner Freels expressed his concern with the limited access to
the park from the north and wondered where people would park their
cars. Commissioner Anderson was also concerned about this.
Commissioner Beach stated that it was likely more users would come
down to the park from the north end, because of the townhouse
development there, and she was concerned about the Quinwood culdesac
interfering with the privacy of the lot immediately west of the
Quinwood extension.
Commissioner Hanson commented that she was abstaining from any
discussion on this item, because the project engineer is one of her
clients.
Commissioner LaTour was unclear as to why the City desired a 100 foot
trail corridor rather than the 50 foot easement proposed by the
developer. Staff explained that 100 feet will allow for more privacy
between the homeowner's back yards and the trail itself. It has been
the City's experience in the past that when back yard lot lines extend
right up to the edge of a trail, problems can occur with private
r -gab
PRAC Minutes/May 11, 1989
Page 22
residents encroaching on park property and that park noise may bother
some home owners.
A MOTION WAS MADE BY COMMISSIONER BEACH RECOMMENDING THAT THE CITY
COUNCIL DENY THE PLAN AS PROPOSED AND ASK FOR RE -DESIGN. THE MOTION
FAILED FOR LACK OF A SECOND.
Mr. Loucks commented that the message he was getting from the
Commission was to deny the plat and ask for re -design. He suggested
that if trails cause so many problems, perhaps they should be
eliminated altogether, which would allow him to have larger lots in
his plat. He also indicated he was not pleased with PRAC recommending
denial of the plat without giving him a reason.
Chair Edwards assured Mr. Loucks that the Commission would state their
reasons for recommending denial.
A MOTION WAS MADE BY COMMISSIONER BEACH RECOMMENDING THAT THE CITY
COUNCIL SEND THE PROPOSED PLAT BACK FOR REDESIGN BECAUSE PRAC FEELS
THERE IS NOT ENOUGH PUBLIC ACCESS TO THE PARK AND BECAUSE THE TRAIL
CORRIDOR OF 50 FEET IS NOT SUFFICIENT. THE MOTION WAS SECONDED BY
COMMISSIONER ANDERSON.
Commissioner Freels asked if there was supposed to be trail proposed
all the way around the lake? Director Blank stated that park was
supposed to go all the way around the lake, not just trail.
Mr. Putnam responded that the City can acquire as much property as
they want and can make the trail as wide as they want, if they're
willing to spend the money.
Commissioner Rosen stated he was not comfortable with asking the
developer to replat. He feels that enough park has been proposed and
that what's necessary now is some type of trail. He would also like
to see more public access and open views into the park.
Chair Edwards suggested that the City should consider the purchase of
Lot 1 or 10 in order to gain more access into the park.
THE MOTION FAILED ON A 2-4 VOTE, WITH COMMISSIONERS FREELS, EDWARDS,
ROSEN AND LATOUR VOTING NAY.
A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER
LATOUR TO RECOMMEND THAT THE CITY COUNCIL ACQUIRE MORE LAND ON THE
NORTH SIDE OF THE PARK WHICH WOULD ALLOW FOR MORE VEHICULAR ACCESS AND
TO CONSIDER THE DEVELOPMENT OF TRAIL CORRIDOR AROUND THE LAKE. THE
MOTION CARRIED WITH ALL AYES.
b. CIP 1990-94. Because of the late hour, Director Blank only briefly
reviewed the CIP. Commissioner Rosen wondered if the neighborhood
park proposed in 1994 for County Roads 24 and 101 had always been
planned. Director Blank indicated that it had been a part of the
comprehensive plan all along.
Z- lb
PRAC Minutes/May 11, 1989
Page 23
Planning Commissioner Zylla asked if a playfield is being planned for
south of Highway 55 and Director Blank stated that one is proposed for
north of Highway 55. He stated that the Greenwood Elementary School
has served as the playfield south of Highway 55.
Councilmember Sisk suggested that when staff plans for future
playfields, they should meet with the various athletic associations
and find out exactly what their needs are in terms of fields for games
and practices. He feels that perhaps more practice fields are needed
than game fields.
Commissioner Beach suggested that PRAC needs to hold a workshop on the
future planning of City parks and playfields.
7. COMMISSION PRESENTATION
Chair Edwards indicated that she would not be at the June 8 PRAC meeting.
Commissioner LaTour will act as Chair.
8. STAFF COMMUNICATION
None.
9. ADJOURNMENT
The meeting adjourned at 10:10 p.m.
I-13
WEST HENNEPIN HUMAN SERVICES PLANNING BOARD
ANNUAL MEETING
PARTICIPATING
IN OUR
COMMUNITIES
YOU ARE CORDIALLY INVITED
TO OUR ANNUAL MEETING.
* Tuesday, June 6, 1989
* Radisson Hotel Minnetonka
12201 Ridgedale Drive
Minnetonka
(located behind Ridgedale)
* 5:45 p.m. Social Hour
* 6:30 p.m. Dinner
* Auer Dinner
Annual Meeting and Recognition
THE PROPERTY TAX REVOLT!
How Will We Pay For Human Services?
A discussion with:
Rep. Bill Schreiber, Minority leader
Minnesota House of Representatives
Mark Andrew, Hennepin County Commissioner
Wayne Cox, Executive Director
Minnesota Citizens for Tax Justice
71-%3 .
R.S.V.P. Please return enclosed card by Thursday, June 1, 1989
JOIN WITH US TO CELEBRATE OUR ACCOMPLISHMENTS!
ANNUAL MEETING 1-13
Please return by June 1, 1989
Name
Address
Phone # Attending
Chicken Marsala, Mushrooms and Wine Sauce
Roast Beef with Mushroom Sauce
Amount enclosed $
Please Return To: We'd
AYOOA
West Hennepin Human Services rel.i«'
4100 Vernon Ave South
St. Louis Park, Minnesota 55416
$1395
$1350
Minnesota Board of Water and Soil Resources
155 South Wabasha Street
Suite 104
St. Paul, Minnesota 55107
------------------------------
In the Matter of Reviewing the Watershed
Management Plan for the Bassett Creek
Water Management Commission
(Minnesota Statutes Section 473.878,
Subdivision 5)
------------------------------
1-14
41g$g SVS
NOTICE OF FILING01 2
OF �V ��
WATERSHED PLANA
L
NOTICE IS HEREBY GIVEN that a watershed management plan was filed with the Minnesota Board of Water and
Soil Resources (Board) by the Bassett Creek Water Management Commission (WMC) pursuant to the requirements of
the Metropolitan Surface Water Management Act.
The Bassett Creek WMC encompasses approximately forty (40) square miles of land in Hennepin County. The
Bassett Creek WMO includes land in the cities of Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New
Hope, Plymouth, Robbinsdale, and St. Louis Park.
The plan includes background information on the WMC, a summary of physical characteristics, an inventory of the
water resources, a definition of problems, a statement of management policies, and recommended management
measures.
The plan proposes many capital improvement projects including: a new conduit outlet to the Mississippi; three small
control structures in the City of Golden Valley; two small control structures in the City of Crystal; reconstruction of an
exisiing flow structure, and the construction of a new flow structure in the City of Medicine Lake; replacement of one
dam, and the removal of sediment from the Creek in Minneapolis.
The Board must review the plan for conformance with the requirements of the Minnesota Watershed Act (Chapter
112) and the Metropolitan Surface Water Management Act (Sections 473.875 to 473.883). The Board may disapprove
all or parts of the plan that it determines are not in conformance with state law.
The Board invites written comments on the proposed plan. All comments and information received by the Board will
be considered before a decision is made on the plan. Any person who objects to the proposed plan may submit a
written request for hearing to the Board of Water and Soil Resources. If no written requests for hearing are received by
June 28, 1989 the Board will consider all the information and comments received and will make a decision on the plan
at a future regular meeting of the Board.
A copy of the plan is available for inspection by any interested persons during normal business hours ai the office
of the Board at 155 South Wabasha Street, St. Paul, Minnesota, 55107, and at the Minneapolis Public Library, 300 Nicollet
Mall, Minneapolis, Minnesota.
For further information, contact Bruce Sandstrom at the Board of Water and Soil Resources at 297-4958.
Dated at St. Paul, Minnesota this 9th day of May 1989.
MINNESOTA BOARD OF ATER AND SOIL RESOURCES
ce Sandstrom
etro Water Plan Coordinator
CITY OF
PLYMOUTF+
May 19, 1989
Mr. Dave Johnson
17435 County Road 6
Plymouth, MN 55447
Dear Dave:
I -16o�.
There are several matters involving the operation of your retail center and,
particularly, of the service station which I need to bring to your attention.
These matters have come to my attention by way of citizen complaints.
1. The Ordinance requires and your approval specified that all trash
disposal facilities be contained with the building or within approved
enclosures. This includes all dumpsters and other containers used for
trash disposal. These containers should be kept within the designated
area at all times except when they are literally being emptied or
serviced. The complaints have indicated that the containers are not kept
within enclosures or inside.
2. There have been complaints about noise from the service station when the
overhead doors are left open. Noise is regulated to the extent that it
should not be perceived beyond the boundaries of the property. Service
station -related sounds can be interpreted as "noise" when, for example,
power equipment is used or engines are tested and the doors are open. I
have the impression, from some of the complaints, that the noise is most
bothersome early in the mornings and in the evening.
3. Some customers of the store on the east side have apparently received
violation tags because they parked in the parking designated for
handicapped persons. There apparently is a need for clearer marking of
the handicapped stalls so that customers are not left to guess whether
they are in an unmarked stall.
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
I -16a
It seems to me that all of these matters, particularly the first two, and
should be resolved through management directives. I suggest that you discuss
this with your employees and/or tenants as appropriate so there is a
heightened awareness of the problems.
A record of verified complaints is maintained on all uses, and in the case of
conditional and licensed uses such as yours, this information is provided to
the City Council when they review and consider renewal of Conditional Use
Permits and Licenses.
Thank you for your attention and cooperation.
Sinc ly,
Blair Tr
Director
Planning & Community Development
cc: File 89053
Frank Boyles, Assistant City Manager
(pl/bt/89053)
May 17, 1989
Ms. Pamela Thuringer
Kimberly Meadows Apartments
17363 County Road 6
Plymouth, MN 55447
SUBJECT: CYCLONE FENCE SEPARATING KIMBERLY MEADOWS FROM THE ADJACENT RETAIL
DEVELOPMENT (OAKWOOD SQUARE)
Dear Ms. Thuringer:
In our telephone conversation you requested permission to re -erect the
cyclone fence separating the Kimberly Meadows and Oakwood Square develop-
ment at County Road 6 and 101. You stated that the fence has been pushed
down as a result of Kimberly Meadows tenants desiring to shop at Oakwood
Square. You requested that you be allowed to re -erect the fence, but to
leave a passageway through it in order that persons can move freely from
Kimberly Meadows to the shopping center.
I have discussed this matter with the Planning Department. The fence was
required as part of the Oakwood Square site plan by resolution 87-188. Its
inclusion was a response to numerous concerns expressed by the neighborhood
that a buffer was needed between the commercial development and the
residential areas.
Do the residents of Kimberly Meadows know your plans? You may recall
problems with debris from the commercial area blowing into the residential
development and the wrappers and other items being dropped by persons who
walked through your area after shopping. The fence was installed to
eliminate this.
Because this appears to be a joint petition by Kimberly Meadows and Oakwood
Square representatives, I suggest the following:
I. Prepare a letter specifying what you intend to do, graphically
showing where, what size and when.
2. Submit the letter to Oakwood Square representatives to have them
sign off that they agree with the proposal.
3. Review the proposal with tenants of Kimberly Meadows and Oakwood
Square Tenants to assure that there is no opposition.
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
Ms. Pamela Thuringer
May 17, 1989
Page 2
Once these steps are taken, send the letter to me. I will share it with the
City Council with the next Manager's Information Memorandum. If there is no
concern from the council we will administratively approve the change. You
should be aware that any councilmember may request that this issue be
addressed through formal approval process. I will let you know in any case.
Please call me if ,�/ou have any questions.
E
Fran s /
Assi nt City Manager
FB:lfk
cc: Chuck Dillerud, City Council
CITY C�
May 22, 1989 PLYMOUTR
Ms. Julie Wiley
730 Kingsview Lane
Plymouth, MN 55447
SUBJECT: YOUR EXPERIENCE WITH PLYMOUTH DIAL -A -RIDE
Dear Ms. Wiley:
We are sorry for the inconvenience we have caused you!
Our job is to provide dependable and timely service to our passengers. In
your case we failed. Attached for your information is a copy of a letter to
Morley Bus Company which outlines steps we will take to help us meet our
obligations in the future.
I hope that you will give us another chance. To entice you to do so, I have
attached $2 worth of Plymouth Dial -a -Ride coupons. They will cover the
costs of any trip to and from a destination within the Dial -a -Ride service
area if you call one day in advance between 8:00 a.m. and 5:00 p.m. If you
arrange for service on a same-day basis, you will have to pay an additional
50¢ per trip.
Please try us
i- ran
Assistant City Manager
FB:ljk
cc: Matthew Peterson
Morley Bus Company
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
I-�6c
CITY a
May 22, 1989 PLYMOUTH+
Mr. Matthew Peterson
Morley Bus Company
7434 Washington Avenue
Eden Praire, MN 55344
SUBJECT: PASSENGER JULIE WILEY
Dear Mathew:
You, I and David Kraus discussed the experience which Julie Wiley had with
the Dial -a -Ride service on May 17. As you may recall, she called to arrange
a 4 p.m. pick up from Wayzata East Junior High to downtown Wayzata for a Job
interview.
She called in her request at 5:30 p.m. the preceding day but accordinq to
Dave, did not indicate that she had a specific appointment time.
Dave Kraus, the dispatcher, took the call and added her to the May 18
schedule which had already been completed since the normal business day for
ride scheduling ends at 5 p.m.
During the course of the day on May 18 we received a higher volume of calls
for same day service than we have heretofore received. In an attempt to
honor all requests, both vehicles were loaded down to the point where the
assigned vehicle was not able to make it to Wayzata East within the time
frame previously agreed to, (4:00 p.m. pick-up). At 3:00 p.m. Dave Kraus
attempted to call the Wiley's home to advise them of this problem. Mrs.
Wiley stated that she would try to contact Julie at school to arranqe
another method of transportation.
Because of this experience, we lost at least one and perhaps more
customers. Since we are in the Dial -a -Ride business to serve the customers,
I share your desire to assure that this does not happen again.
From our discussion, we agreed to the following:
I. Where a call is received after a normal 5:00 p.m. deadline, we will
ask the caller to call between 8:00 a.m. and 5:00 p.m. or advise
them that they are considered a same day caller, not an advanced
caller. Same day callers do not receive the same priority as
advance callers.
'14(10 PLYMOUTH BOULEVARD PLYMOUTH MINNESOTA 55447, TELEPHONE (612) 559-2800
I.16C
Matthew Peterson
May 22, 1989
Page 2
2. From now on the dispatchers will determine from each customer which
is the crucial time -- pick up time or delivery time. If the answer
is delivery time, the dispatcher will calculate the pick up time
which must be used to meet the passenger's appointment time. Even
if it means a little longer ride for the passenger, I think we
should be conservative in our time estimates to assure that the
passenger is to the pre -appointed spot at or before the specified
time. Where a passenger indicates that there is no specific
appointment time we should endeavor to be present at the pick up
point within 5 minutes of our commitment.
3. We will be watching the hour -by -hour ridership more closely to
assure that we do not over -book for a specific trip as we did on May
18. This may mean that we have to deny certain trips during certain
peak hours in order to preserve dependability.
I believe that these
eliminating the problem
questions please 've me
gncer� ,
Franikioyies
Assistant City Manager
FB:1Jk
combined steps will help us substantially in
which Julie Wiley experienced. If there are anv
a call.
cc: Mayor Virgil Schnieder
City Council Members
Julie Wiley
Mayor and Council Members
City of Plymouth
Bachmann Industries, Inc.
Steding Deaerator Company
Field Service associates
Lear slegler-Me_uroment Controls Corp.
�� •. ` 'IltortRg� Company
�\"rV$run Heatkmg 3lbtet!is tnc
RE _M
� Ltnkediricarcorp. \
f I.
MAY 2319$9
'. CITY OF PLYMOUTH ,
Subject: Proposed reclassification of parcel No. 15-118-22-0001
in the city land use guide plan from LA -3 to LA -2
This letter is to advise you of, and add to, my comments given
to the Plymouth Planning Commission in their May 10, public
hearing on their proposal to change land use guide plan classi-
fications in an area generally along and either side of 494
between County Rd. 9 and County Rd. 47.
For reference, I have attached a general drawing showing the
location of my property in relation to County Rd. 9 and Fernbrook
Lane, and a survey of the properties designating parcels A,B
& C.
A brief chronology follows:
In 1983 I acquired an approximate 10 acre parcel (parcel C)
and the south 40' of the 20 acres to the north of parcel C
(parcel B) from Wagner Spraytech in exchange for properties
I owned adjoining their manufacturing facility near County
Rd. 6 and Fernbrook Ln.
I acquired parcel B purely for the purpose of enabling me to
get to my landlocked parcel C without trespassing on others
property. When we endeavored to conclude a lot division
consolidation, the city had concern over some apparent devious
scheme I had to develop parcel C so I signed a non -development
covenant dated March 15, 1984.
The lot division consolidation was subsequently consummated.
I took no further action on this property until much to my
surprise when the city improved Fernbrook Ln. they created
no curb cut for my access to my property. I had some discussions
with city personnel which resulted in a letter to me dated
March 23, 1988 signed by Richard Pouliet, copy attached,
guaranteeing my curb cut should I ever desire one.
CAMPBELL-SEVEY, INC.
ArmstrongMachIneWorks
Armstrong/Hunt. Inc.
ENVIRONMENTAL. PLANT & PROCESS EQUIPMENT
Kunkle valve Co.
15350 Minnetonka Blvd • Minnetonka, MN 55345
Spence Engineering Co.
Men -Sherman -Hoff
(612) 935-2345
Ecolake Condenser
(612) 935-2015 FAX
John Zink Co.
May 22, 1989
Mayor and Council Members
City of Plymouth
Bachmann Industries, Inc.
Steding Deaerator Company
Field Service associates
Lear slegler-Me_uroment Controls Corp.
�� •. ` 'IltortRg� Company
�\"rV$run Heatkmg 3lbtet!is tnc
RE _M
� Ltnkediricarcorp. \
f I.
MAY 2319$9
'. CITY OF PLYMOUTH ,
Subject: Proposed reclassification of parcel No. 15-118-22-0001
in the city land use guide plan from LA -3 to LA -2
This letter is to advise you of, and add to, my comments given
to the Plymouth Planning Commission in their May 10, public
hearing on their proposal to change land use guide plan classi-
fications in an area generally along and either side of 494
between County Rd. 9 and County Rd. 47.
For reference, I have attached a general drawing showing the
location of my property in relation to County Rd. 9 and Fernbrook
Lane, and a survey of the properties designating parcels A,B
& C.
A brief chronology follows:
In 1983 I acquired an approximate 10 acre parcel (parcel C)
and the south 40' of the 20 acres to the north of parcel C
(parcel B) from Wagner Spraytech in exchange for properties
I owned adjoining their manufacturing facility near County
Rd. 6 and Fernbrook Ln.
I acquired parcel B purely for the purpose of enabling me to
get to my landlocked parcel C without trespassing on others
property. When we endeavored to conclude a lot division
consolidation, the city had concern over some apparent devious
scheme I had to develop parcel C so I signed a non -development
covenant dated March 15, 1984.
The lot division consolidation was subsequently consummated.
I took no further action on this property until much to my
surprise when the city improved Fernbrook Ln. they created
no curb cut for my access to my property. I had some discussions
with city personnel which resulted in a letter to me dated
March 23, 1988 signed by Richard Pouliet, copy attached,
guaranteeing my curb cut should I ever desire one.
Page two
I took no further action on this property until the Fall of
'88 when Pat Goff applied for site plan approval for Fernbrook
Manor on the 19 acres just to the north of my property (parcel
A), which he had acquired from Harold Hytjan.
I spoke at the Planning Commission meeting then indicating
I had no argument with the proposed guiding of the property
LA -3, but that I had some concern that since, in my opinion,
there was a direct relationship between sale price and
construction quality that Mr. Goff's development would create
a rather harsh standard for the entire area.
I was advised by the Planning Commission that the area was
guided LA -3 that Mr. Goff met the LA -3 guiding requirements
and that the city intended to follow the land use guide plan
for that general area. I was also advised that technically
the city had no control over quality of construction provided
the builder met the city building codes.
Mr. Goff received his building permit and proceeded to begin
construction on the 19 acres (parcel A). I felt at that time
I was relieved of any responsibility to honor my commitment
to the city dated March 15, 1984. I, therefore, decided to
negotiate with various developers to sell my property, because
I knew that the property would be used for medium to high
density residential, and I also felt that Fernbrook Manor would
set the tone for further development in that area.
On April 19th I signed agreements with a developer to allow
him to purchase my property.
In early May I received notice of a May 10th public hearing
wherein the Planning Commission would take public comments
on the proposed re -guiding of a large area along 494, which
included my property. You can imagine my surprise and displeasure
when I found out they proposed to downgrade my property from
LA -3 to LA -2 even though it is directly adjacent to Fernbrook
Manor, which is being developed as LA -3.
It is my personal opinion that it will be extremely difficult
to develop my property with quality LA -2 improvements next
to the low priced housing in Fernbrook Manor. It appears my
developer, having also acquired the 10 acre parcel directly
to the west of me, intends to create a high quality LA -3
development which could certainly serve as a buffer should
the city decide to change to LA -2 further to the south.
Page three . . .
I, therefore, strongly request that you consider leaving my
property as currently guided LA -3.
Thank you for your consideration in this matter.
Yours very truly,
OFROBERT H. SEVEY
RHS:sc
cc: David Graven
Holmes & Graven
i
CITY OF
March 23, 1988 PLYMOUTli
Mr. Bob Sevey
15350 Minnetonka Blvd.
Minnetonka, Mn. 55345
SUBJECT: CURB CUT
Dear Mr. Sevey:
This letter will confirm our conversation this afternoon, as well as make
reference to a similar conversation last fall when the Fernbrook Lane Project
north of County Road 9 was completed.
Your initial call to me last fall was to remind me that the City had run the
curb across what used to be the entrance to your property on the east side of
Fernbrook Lane without leaving a curb cut. You also explained that you rarely
used the road to drive in and therefore I encouraged you to allow the curb to
remain without a curb cut in that there was a severe hill and that your
possibilities of using that area were very remote. At such time as your
property is developed, the entrance would in all probability be through
adjoining property streets and that if a curb cut was now to be made, in all
probability it would have to be closed at some future time at your expense.
This letter will acknowledge that in the event you require a curb cut for
access to your property prior to the land being developed, that the City
agrees to provide such curb cut.
If you should have any further questions regarding this project, please do not
hesitate to call me at 559-2800.
Thank you.
Sincerely,
Richard J. Pouliot
Project Coordinator
RJP:sm
cc: Fred G. Moore, Director of Public Works
Chester J. Harrison, Jr., City Engineer
Ken Johnson, Engineering Aide
Project File No. 544
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GSONYEA LAND COMPANY
9100 WEST BLOOMINGTON FREEWAY
MINNEAPOLIS. MINNESOTA 55431
TELEPHONE (812) 888-1112
Mr. James Willis, Manager
City of Plymouth
3400 Plymouth Blvd,
Plymouth, MN 55447
May 24, 1989
Dear Mr. Willis,
I am the owner of 47 acres on Curtis Lake and
Medicine Lake Drive in Plymouth. I appeared at the
public hearing concerning the rezoning of my land
from LA 3 to LA 2. For the reasons given at the
public hearing, such as the proximity to the freeway,
etc., I do not wish to have my land down zoned at
this time.
I do not believe that all of the parcels in
area one should be grouped together with a blanket
down zoning.
Thank you for your consideration.
(Sincerely,
4
Darrel E. Gonyea
DEG/bh
May 22, 1989
Carolyn Thompson
Plymouth Post
8801 Bass Lake Road
New Hope, MN 55428
Dear Carolyn:
r
CITY OF
PLYMOUTR
I-16 t.
I would appreciate your assistance in notifying the public of the following
vacancy:
There is a vacancy on the West Hennepin Human Service Planning Board for a
Plymouth City representative for that portion of Plymouth south of Highway
55. The West Hennepin Human Service Planning Board is dedicated to
identifying human service needs of residents in West suburban Hennepin
County. It advocates for the development of services when needed and for
improved access to services by residents in the area. The Board is composed
of volunteer representatives from member municipalities and agencies. A
representative will be selected by the Plymouth City Council on the basis of
interest, concern and availability to become actively involved in the West
Hennepin Human Service Planning Board's planning and coordinating activities.
Citizens residing south of Highway 55 and interested in applying, should
contact Laurie Rauenhorst, Plymouth City Clerk, at 559-2800, Extension 204.
Thanks.
Laurie Rauenhorst
City Clerk
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
5-16 e
CITY OF
May 22, 1989 PUMOUTR
Marcy Shapiro, Project Director
West Hennepin Human Services Planning Board
4100 Vernon Avenue South
St. Louis Park, MN 55416
Dear Ms. Shapiro:
The Plymouth City Council has directed me to notify citizens of the current
vacancy on the West Hennepin Human Services Planning Board.
I have sent a letter to the Plymouth Post and Wayzata Weekly requesting that
they place a notice of this vacancy in their newspapers. I also received your
memo stating that you could suggest candidates. Would you please ask any
Plymouth residents living south of Highway 55 interested in this appointment,
to contact me?
Thank you.
Sincerely,
Laurie Rauenhorst
City Clerk
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Ms. Alison Fuhr, Chairperson
CASH Board
6609 Brittany Road
Edina, MN 55435
Dear Ms. Fuhr:
I-10
Thank you for your memorandum dated May 11, 1989 to the New CASH Board
Members. You state in your memo that the Annual Report for Community Action
for Suburban Hennepin is self explanatory. Please provide me with additional
information on the Operations Expenditures.
As a Board member, I would like the following for each of the areas under
Operations (Salaries and Benefits, Contracted services, Mileage meals and
training, Space and utilities, consumables and equipment, dues and insurance,
Board of directors expenses):
1. A breakdown by name of expenditures in each Operations area for
1988.
2. Expenditures by name in each Operations area for 1989 to date.
I assume that this information is readily accessible by computer.
Lastly, have a pleasant Memorial Day weekend.
Sincerely,
fia� :?-� �-
Bob Zitur
CASH Board Member
Plymouth Councilmember
cc: Mr. Patrick McFarlin, CASH Board Interim Director
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
*Child's Pla •
THEATRE COMPANY
Eisenhower Community Center • 1001 Highway 7
Hopkins, MN 55343 • 936-0484
22 May 198911---��,
im W illis, City Manager g
City of Plymouth l���
3400 Plymouth Blvd. 011\ X,
Plymouth, Minnesota 55447 `
Dear Mr. Willis,
Child's Play Theatre Company has emerged as one of the Twin Cities' most
important and innovative theatre companies for young people.
Incorporated as a non-profit organization in 1984, Child's Play Theatre
Company's mission is to provide young people, as participants and as
audience members, with production and educational experiences in theatre
that are high-quality, creative, and character -building. It is our goal to
provide young people with professional theatre experiences under the
guidance of this area's leading theatre artists.
The 1988/89 season, which ended on May 14th, was the most successful
ever for Child's Play Theatre. We played to nearly 40,000 young people
and their families through our five mainstage productions; our touring
program served 14 elementary schools in the state, playing to nearly 7,000
young people; and our classes and workshops provided over 500 young
people with the opportunity to learn and grow through theatre education.
Fiscal year 1990, which begins on August 1st, promises to be just as
successful. The City of Minnetonka has provided financial support to CPTC
since the very beginning. This year Minnetonka contributed $6,000 to
support our on-going programs. They have challenged us to seek funding
from other local municipalities. This year, in answer to that challenge, we
received funding of $2,500 from the City of Hopkins.
Child's Play Theatre Company is a professionally staffed arts organization that provides young people, as participants and as
audience members, with production and educational experiences in theatre that are high-quality, creative and character -building. "
JimWillis
22 May 1969
Page Two
Child's Play Theatre Company serves the residents of the City of Plymouth
as extensively as any other community in the Twin Cities. Through
production and class participation, special workshops and events, and
through our increasing attendance, we now serve thousands of young
people and their families from the Plymouth area.
Child's Play Theatre Company would like to formally request financial
support from the City of Plymouth. We believe that our service to the
residents of your community warrants such a request. We would like you
to join the cities of Minnetonka and Hopkins in recognizing the substantial
contribution Child's Play Theatre Company makes to the cultural
enrichment of this area's young people.
I will be calling you in the coming days to discuss the process of applying
for support. I would like to arrange a meeting, at your convenience, when
we can discuss this proposal in greater detail. Should you have any
questions, please feel free to contact me at 936-2 241.
Thank you very much, Mr. Willis. I look forward to speaking with you in
the near future.
Si ncer ely,
Steve Barb erio
Executive Director
CC: Mayor Virgil Schneider
INDEPENDENT SCHOOL DISTRICT 281
Robbinsdale Area Schools
Learning for a lifetime of growing
May 22, 1989
Plymouth City Council
Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Council Chair:
I - 10l
School District 281 is very supportive of your efforts to implement the Drug
Abuse Resistance Education curriculum at Pilgrim Lane Elementary School.
Our experience with this program in other elementary schools shows that the
DARE curriculum contains sound drug prevention strategies. It also compliments
and reinforces District 281 Chemical Health Curriculum.
The DARE program is in it's sixth year of evaluation. The evaluations have
indicated that the officers are having a positive effect on student learning
and the climate of the school. Our experiences with the DARE program have
been extremely positive and rewarding. There's no question in my mind that
it is an excellent program.
Please contact me if there is anything I, or the school district, can do
to be of assistance to you in your implementation of the DARE program at
Pilgrim Lane School.
Sincerely,
Donald J. Wagner
Director of Elementary Education
DW/mh
Ll a.':: Powell
Interim Sul-lrinterdent
414N Idi, wil:a .4renne North
Nelc Hope. Winnesota 55427
,t)12, 53_1-278.1
Al hVI U "PI' -.ti. 1'11. fA1PI.11Yh.R
A I -is
uSDeportment GREAT LAKES REGION/AGL-520 IN REPLY REFER To
• of Transportation 2300 East Devon Avenue AERONAUTICAL STUDY
Federal Aviation Des Plaines, Illinois 60018 No. 89-AGL-217-OE
Administration
AERONAUTICAL STUDY OF PROPOSED CONSTRUCTION OR ALTERATION
Rev. Mac Hammond CONSTRUCTION LOCATION
Living Word Christian Center PLACE NAME
° 7325-A Aspen Lane
o Brooklyn Park, MN 55428 Plymouth, MN
N
LATITUDE LONGITUDE
45002'54" 1 93027102"
CONSTRUCTION DESCRIPTION HEIGHT SIN FEET,
PROPOSED Prayer Tower ABOVEGROUND ABOVEM5L
399 1349
A notice has been filed with the Federal Aviation Administration that the above described structure is proposed for construction.
As proposed the structure would exceed the standards of Subpart C of Part 77 of the Federal Aviation Regulations and would be
identified as an obstruction to air navigation. Accordingly, the FAA Is conducting an aeronautical study of the proposal to
determine its effect upon the safe and efficient use of the navigable airspace by aircraft and on the operation of air navigation
facilities
In the study, consideration will be given to all facts relevant to the effect of the proposal on existing and planned airspace use, air
navigation facilities: airports: aircraft operations, procedures and minimum flight altitudes. and the air traffic control system
However. only those plans on file with the FAA. on the date the notice concerning the above described proposed construction
was received, will be considered.
Interested persons are invited to participate In the aeronautical study by submitting comments to the FAA office issuing this
notice. To be eligible for consideration, comments must be relevant to the effect the proposed construction would have on
aviation, provide sufficient detail to permit a clear understanding, and be received on or before JUN 1
Please refer to the aeronautical study number printed In the upper right hand corner of this notice.
This notice may be reproduced and recirculated by any interested person.
The proposed structure would be located approximately 3.74 nautical miles west of
Crystal Airport, Minneapolis, MN. It would exceed the obstruction standards of
the Federal Aviation Regulations, Part 77 as follows:
Section 77.23(a)(2) by 125' - a height above site elevation exceeding
274' within 3.74 nautical miles as applied to Crystal Airport.
Preliminary study indicates the proposal would have no effect on IFR operations:7,
A chart is on the reverse side.
3�' E
J�Harold. Hale Manager, Airspace Branch, AGL-520
MAY 1 9 1989
Des Plaines, Illinois
AIRPORT MANAGERS - PLEASE POST
COMMENTS INVITED
FAA Form 7460-8,4-a3)-, .1,"�EL E - .•._ .
24
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"2
PILGRIM LANE ELEMENTARY SCHOOL
3725 Pilgrim Lane
Plymouth, MN 55441
545-1649
May 22, 1989
Plymouth City Council
Plymouth City Center
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Drug Abuse Resistance Education
Dear Plymouth City Councilmembers:
We the members of the Pilgrim Lane Parent Teacher
Organization support the implementation of the D.A.R.E.
Program proposed by Plymouth Public Safety Director, Richard
Carlquist. We feel that the cost of this program to the
taxpayer is justified in terms of crime prevention and
public well-being. The benefits of D.A.R.E. will be shared
by the entire community.
We ask that the Plymouth City Council provide the
funding for the Drug Abuse Resistance Education Program.
Sincerely,
�' r
rte Ci
Lois O'Neill, President
Pilgrim Lane PTO 1988-1989
Judy Witebsky, 2sident
Pilgrim Lane PTO 1989-1990
INDEPENDENT SCHOOL DISTRICT 281
Robbinsdak Area Schools
Turning for a lifetime of growing
Dr Donna] Carter
Superintendent
1.-t4k
160%
BUILDERS ASSOCIATION OF MINNESOTA
2469 UNIVERSITY AVENUE, ST. PAUL, MN 55114 (612) 646-7959
May 23, 1989 -
"WA
Mr. James Willis
City Manager
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Mr. Willis,
The Builders Association of Minnesota would like to
express our appreciation of the cooperative approach
which the city has extended regarding the
development of a reasonable tree preservation
policy. The Builders Association of Minnesota
supports the interactive nature of communication
between the Plymouth Developers Council and the
Plymouth City Council and staff, and encourages
continued involvement of our members.
The Builders Association of Minnesota represents
over 2600 members statewide. The membership consists
of builders, developers and associate members in
many related businesses. Many of our members have
been reviewing policies throughout the state and
appreciate the opportunity to share their experience
with the Plymouth City Council and staff.
The Builders Association of Minnesota requests that
we be put on a mailing list to receive advance
notice of information regarding City Council
meetings, agendas, and proposed changes to, or
introductions of city policies and ordinances.
The Builders Association of Minnesota would further
appreciate the opportunity to review the legal
foundation and under what Statutory authority or
basic police power the Plymouth Tree Preservation
Policy is proposed.
Members of the Builders Association of Minnesota
appreciate your consideration of their concerns and
look forward to continued communication between
builders/developers and the City of Plymouth.
Sincerely,
Carin K. Peterson
Director of Municipal Affairs
Builders Association of Minnesota
May 22, 1989
Ms. Maria Vasiliou
City Council Member
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Ms. Vasiliou:
_..; MAY 2419K),
CITY 01''' i'l
Some time ago, I spoke with you regarding the neighborhood
surrounding 15th Avenue North in Plymouth. One of the
subjects we spoke about was the terrible condition of 15th
Avenue North and what could be done about it. You stated at
that time that the best improvement that could be made to
this street would be to have it paved, and that would require
a petition signed by residents of the neighborhood. Since
speaking with you, several of the neighbors have contacted
the City of Plymouth and were told that a petition would be
needed to get the desired result. Enclosed you will find
such petition.
As a result of our complying with the requirement of
providing a petition, we would appreciate your taking
whatever action is necessary to see that 15th Avenue North is
properly paved as soon as possible, beginning at the
intersection of South Shore Drive and 15th Avenue North, and
continuing to the end of the street.
Sincerely,
Tim and Cindy Harrer
10710 154L -.h Avenue North
Plymouth, Minnesota 55441
Enclosures
cc: Virgil Schneider
Fred G. Moore
Tom Vetsch
In accordance with the requirements of the City of Plymouth,
the property owners whose property lies on 15th Avenue North
in Plymouth, and whose only access to their property is 15th
Avenue North, hereby petition the City of Plymouth to make
such street a paved,�ii street.
Name
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I -16k
May 24, 1989
Andrew Krell
2425 Garland Lane
Plymouth, MN 55447
CITY OF
PLYMOUTFF
SUBJECT: PLASTIC CONTAINER ORDINANCE
Dear Mr. Krell:
Thank you for your letter suggesting that plastic containers be banned
within the City of Plymouth. The Plymouth City Council has reviewed the
Minneapolis plastic container ordinance on this subject, but we have not yet
determined whether to pursue such restrictions in Plymouth. I do not know
whether we will be considering such an ordinance, but I will keep your
recommendation in mind.
You may be aware that the Minnesota Legislature is discussing measures to
promote recycling. For Plymouth's part, we have been a the leader in
developing an effective solid waste recycling program which has become a
model for many other cities to use. I am a member of the steering committee
for the recycling program.
Thank you for sharing your concerns.
Council will do its best to protect
potential threats to our environment.
Sincerely,
Bob Zitur
Councilmember
BZ:kec
Be assured that the Plymouth City
our community and its residents from
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
I -16k
April 24, 1989
Dear Council Member,
I am urging you to put a ban on plastic containers in
our city. Minneapolis has set a great example for all of
the metro area to do this. I am a sixth grader at Oakwood
Elementary. Our science class is studying the effects of
manaade pollutants on the ozone layer. When plastic
containers are burned, they release chemicals into the air
that help destroy the ozone layer. Plastic is
non -biodegradable, therefore it fills up dumps. Other
pollutants such as aerosols containing CFCs, and other
non -biodegradable plastics are also dangerous. I urge you
again, please ban plastic containers.
Sincerely,
Andrew Krell
May 24, 1989
CITY OF
PLYMOUTH+
Jill Binkley
2112 Highway 101
Plymouth, MN 55447
SUBJECT: YOUR CONCERNS ABOUT AEROSOL CONTAINERS
Dear Ms. Binkley:
Thank you for your well written letter expressing concern about CFC's and
their impact upon our environment. You should be aware that the Federal
Congress would likely be the branch to adopt legislation on this subject
with the United States Environmental Protection Agency the responsible
enforcement authority. The ban you suggest is more effective on a
nationwide basis than if implemented on a municipality by municipality
basis. In fact, I do not believe that the City would have the statutory
authority to take the action you are suggesting.
The steps we can take on the local level are to encourage recycling. The
City of Plymouth has become a leader in solid waste recycling. Our program
has become a model used by many municipalities. We hope that by recycling
materials that we will protect our environment by reducing the possibilities
of ground water contamination.
Thank you for sharing your concerns. I can assure you that I and other
members of the Plymouth City Council will do our best to support measures to
protect our precious enviornment.
Sincerely,
Bob Zitur
Councilmember
BZ:kec
3ZnO PLYVOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
1
Dear Bob L i tur :
in science class we are talking about the effects aerosol
cans have on our ozone layer. The ozone layer keeps out the
ultraviolet rays from our sun. If there is a hole in our
earths ozone layer then we would die.
CFCs are spray cans of plastic confetti. Some people use
CFCs to clean VCRs and electronic equipment. I am asking you
to help ban CFCs. Another way of cleaning VCRs is to put a
tape in the VCR and hit start. There is a cleaning fluid in
the tape and it cleans the VCR.
The J.S. Environmental Protection Agency banned
nonessential uses of chlorofluorocarbans as aerosol propellants
In i77b.
We need someone to help the fight against CFCs. I`m sure
you don't wan: to die.
Sincerly,
ji11 Bim -:ley
X112 Hwy. 101
Fl ymouth ,Mn
«447
Ainnesota Technical Institute System
hate Board of Vocational Technical Education
:apitol Square Building 550 Cedar Street St. Paul, MN 55101
I -110M
Campus Locations
ALBERT LEA
ALEXANDRIA
ANOKA
AUSTIN
May 17, 1989
BEMIDJI
BRAINERD
BROOKLYN PARK
CANBY
Mr. Richard Carlquist
DETROIT LAKES
Public Safety Director
DULUTH
3400 Plymouth Blvd
EAST GRAND FORKS
Plymouth, MN 55447
EDEN PRAIRIE
EVELETH
Dear Mr. Carlquist,
FARIBAULT
GRANITE FALLS
Thank you for all your assistance in creating a successful
HIBBING
1989 Minnesota State Fire School.
HUTCHINSON
Without the cooperation of many individuals such as yourself,
JACKSON
this event could not have developed into a premier training
MANKATO
event for Minnesota's firefighters.
MINNEAPOLIS
MOORHEAD
I hope you enjoyed the banquet and had an opportunity to
PINE CITY
observe some of the training which was occurring on site.
PIPESTONE
REDWING
Again, thank you... from 800 firefighters.
ROCHESTER
ROSEMOUNT
Sincerely,
ST CLOUD
Al//�[
ad" Aw��
ST PAUL
It,x .
STAPLES
Adam D. Piskura
THIEF RIVER FALLS
State Director of Fire Training
WADENA
Fire Information, Research, & Education (FIRE) Center
WHITE BEAR LAKE
550 Cedar St.
WILLMAR
St. Paul, MN 55101
WINONA
(612) 296-6516
An Equal Opportunity EDUCATOR and EMPLOYER
Campus Locations
ALBERT LEA.
ALEXANDRIA
ANOKA
AUSTIN
BEMIDJI
BRAINERD
BROOKLYN PARK
CANBY
DETROIT LAKES
DULUTH
EAST GRAND FORKS
EDEN PRAIRIE
EVELETH
FARIBAULT
GRANITE FALLS
HIBBING
HUTCHINSON
JACKSON
MANKATO
MINNEAPOLIS
MOORHEAD
PINE CITY
PIPESTONE
RED WING
ROCHESTER
ROSEMOUNT
ST. CLOUD
ST. PAUL
STAPLES
THIEF RIVER FALLS
WADENA
WHITE BEAR LAKE
WILLMAR
WINONA
Ainnesota Technical Institute System
tate Board of Vocational Technical Education
:apitol Square Building 550 Cedar Street St. Paul, MN 55101
May 17, 1989
Chief Lyle Robinson
Plymouth Fire Department
3400 Plymouth Blvd
Plymouth, MN 55447
Dear Chief Robinson,
I -16W-%
Thank you for all the support your department provided to the
1989 Minnesota State Fire School.
Because of the outstanding contributions of many individuals
and fire departments such as yours, this year's fire school
was the largest and most successful to date.
Again, thank you for your invaluable assistance with this
annual event.
Sincerely,
Adam D. Piskura
State Director of Fire Training
Fire Information, Research, & Education (FIRE) Center
550 Cedar St.
St. Paul, MN 55101
(612) 296-6516
An Equal Opportunity EDUCATOR and EMPLOYER
_- 16 r\
MAY 21,1989
VIRGIL SCHNEIDER
MAYOR CITY OF PLYMOUTH
MR SCHNEIDER:
I WOULD LIKE TO ADDRESS THE ALARM CODE USED IN THE CITY OF
PLYMOUTH, I RECENTLY HAD AN ALARM AT 1:15 AM,I CALLED THE POLICE
911 NUMBER AND ADVISED THE DISPATCHER OF MY ALARM. I THEN WAITED
WITH MY FAMILY IN OUR ROOM FOR THE POLICE TO ARRIVE AND CHECK OUR
HOME. THE POLICE DID COME AND FOUND NO PROBLEM. I WAS AWARE OF
THE ALARM CODES AND CALLED OFFICER DARREL ANDERSON TO INQUIRE
ABOUT THE SITUATION. HE ADVISED ME ON THE ORDINANCE. I THEN ASKED
HIM IS THE IDEA OF THIS CODE THAT I SHOULD GO THROUGH MY HOME MY
SELF AND SEE IF THEIR IS AN INTRUDER OR IS THAT THE JOB OF THE
POLICE DEPARTMENT. IF FEEL THAT THIS CODE IS SAYING THAT IF YOU
DO NOT HAVE AN ALARM AND HEAR AN INTRUDER AND THE POLICE COME AND
FIND NOTHING THEIR IS NO CHARGE, BUT IF YOU HAVE AN ALARM AND THE
SAME SITUATION ARISES YOU HAVE TO HANDLE IT YOUR SELF OR BE
CHARGED $50.00. I FEEL THE PROPERTY TAXES I PAY IN THIS CITY
SHOULD ENTITLE MY FAMILY TO THE SAME SERVICES AS A FAMILY WITHOUT
AN ALARM. I ALSO SPOKE TO CHEIF CARLQUIST ON THIS MATTER, AND
RECEIVED THE SAME RESPONSE FROM HIM. I WOULD LIKE TO KNOW WHAT
THE CITY OF PLYMOUTH WOULD BE CONFRONTED WITH IF A RESIDENT WERE
TO BE INJURED OR KILLED INVESTIGATING A POSSIBLE FALSE ALARM IN
HIS HOME AND IT TURNED OUT TO BE AN ARMED INTRUDER. I WOULD
APPRECIATE A RESPONSE FORM YOU ON THIS MATTER, I HAVE WITH ILL
FEELINGS ENCLOSED THE $50.00 FINE FOR MY FALSE ALARM.
SII)CERLY,
SCOTT CRANDALL
9730 29TH AVE N
PLYMOUTH, MN 55441
542-8969
1
Bass Lake Development Inc.
15050 - 23RD AVENUE NORTH
PLYMOUTH, MINNESOTA 55447
(612) 473-5507
THE PLYMOUTH DEVELOPMENT COUNCIL
May 18, 1989 c' ,
�� .'i 'ter,•_. '''\�
i�
Mr. James Willis
City Manager j�'J ` ", Tan
City of Plymouth �g ,l
3400 Plymouth Boulevard
Plymouth, MN 55447
SUBJECT: Proposed City Tree Preservation Policy
Dear Jim:
It is our understanding that at the May 1, 1989 City Council meeting the
subject Tree Preservation Policy was referred back to the City Staff for sixty
days in order that, in cooperation with the Development Council, a more
realistic and workable Policy could evolve. Our sub -committee is most desirous
of meeting with you and/or your designated staff personnel as quickly as
possible to bring this policy to fruition. I will be out of town until
Thursday, May 25, 1989, but will make myself and my subcommittee members
available to meet with your staff any time after date.
As I see it Jim, the primary factors to be discussed are:
1. Separation of developer -builder responsibility and liability.
2. A clearer definition as to what the policy covers.
3. The mechanics of the tree inspection process.
4. The $200 per diameter inch fine and the benefactor of that fine.
5. The methods and amount of indemnification required and the mechanics
of progressively reducing the indemnification.
6. The length of the warranty and the clearly defined limits of liability
for losses.
7. What can be done to reward and encourage developers and builders who
go beyond the policy guidelines and do a better job.
I-Ibo
Mr. James Willis
May 18, 1989
Page Two
There are also other items to be discussed in the formulation of the Tree
Preservation Policy that hopefully could address the City's basic concerns and
the related concerns of the development community. Jim, we appreciate the
outstanding cooperation by you and your City Staff that we have received in
addressing the problem and trying to formulate a policy that is workable and is
financially feasible to achieve a mutual goal of a good City Tree Preservation
Policy.
Best Regards,
PLYMOUTH DEVELOPMENT COUNCIL
Robert L. Burger, Presdent
RLB:aju
cc: City Council
Peter Pflaum
Marlin Grant
Bill Pritchard
Tom Graham
Carin Peterson