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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 a) 00 LU z M- S Q1 n � O LL N N 1 O N I N r Of OOf W O N J > a J r r N z M O a O N f � Q N m 0 N C h a) 00 LU z M- S Q1 1 QN � Q �• Ch .- N Q cr M O N 0) N M Z rti Z Q cn F-� Iy! CC w w W D LL, Wa a� Q� LO C:) N 0) 00a�^ r _�o N N N LL � LQ Q C:) CL 2LO Q d U U V J rl O 7 O W CDM C7M Z n Z Z z i Z Z W 00 e— LL. N N -j cs Z z Qo N LL-� w o a F=- M Q C:) O CO r- m N N J J Z d Z OU OU O O O Z O �Jr� U3 (D N a)=czCD InLLJ r- r- o � � N 0 N Q a Z W LO r- r- N LL 1* —� O ON O n N N f Z 0 m O n 7 N N N p� N O) t0 M O LL N M r O N 2 r N t)f ~ OD Lu 3 2 00 O > > H r N N O N E z a ago U) N N M-5 a) 90 J 00 t/'1 Z) "d � Q cn In N > r• ap Q cc LL r— co r• N N Q Z � W� L LI wcr . � p M Cfl r• �^ N=� N U � •r U Q F=- O d (f)�Ut O O LL N Z X: O (31LS Cl) Z >- >> ~ ^ C J O LL N '- d7 E Z In �— r- '�' N a z W L) La- e- z C) a Q L - r-1 p o M Lt_ LTJ ' ' G!3 M F� W z •4 O N t� Z A F- =H U Z O Of Q LDM M L J LL � I DM Z �a Q C) C) j M: z M L J O Q ^ Lil r 0- -i J U p } L7 Z O M M �� r• N�� O M Q z D U) N OY N a) 90 J 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 I-3 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. 1-3 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. I-3 . 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 I-3 1-3 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) I-3 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. I-3 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. 1-4 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. I- y 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 1-4 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. 1-4 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. 1-4 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. Iy 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 I- y (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. 1-4 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. Z- 4 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% �, I 1 n J w w 1 m M LO --zr cn 1 In 11 C>: J NN 1 N• Ln N 1 LO N Q Q Q Q I t q W m W W I Ln m •-4 Ln --4 1 N N >- W = =1-4 1,- N •"a *01 I M II U U I N 4.4 4.4 4R 1 M N -cr O Z W 1 4f# 1 iR n IH p t 1 N 1 1 11 0 t 1 It U 1 f\ N o rM 0 , N If O 100 N I M N O w 1 1 N Ln i J a1 I Ln O r-_ N LO I co n - Co Co CO 1 LO r\ f\ .-4 N I Ln N 1-, 00 Q a► I O Ln N -4 4A I O n .-4 a1 >- -4 1 - 4A 44 4� 1 - N .-4 .--1 Q 1 .--1 1 N N 4A Ca- I 4A 1 4.A N 1 00 R:r N 00 CT 1 r n I t n W w 1n a1 00 -4 a1 1 CO 0 N Lr) I et M— eT N I M If a1 1 • t . n W W 1 ko LO On L 1-4 1 00 ` n o\o IX = 1 r� N--1 40.).4►•s 1 (71 If Lr) V C.7 1 W 4R 4A M If + , 1 �- I n p i , II , 1 n 1 , n I o M 00 N r-4 , ¢Y n 0 , 4A I N Q M Ln R' 1 M n o w I I . n a1 �. 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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 gnnn PI V?,A(lI IT" R(1111 C\/AgDn PI VDAh11T" FAIAIAICC/lTA cc 1i17 TCI C[7ullt�iC tci n\ ccn nonn s � � � N ? o N 1-16 d Wtsf lint Of Sw'/4 of SW'4 ••••• NI.4 i'i3`w i7L7S i 1i n S A. pp 1s i 7o cn • Oi 3 m N ~ ZZfn0 � N COCA �\ 700 'r1 � F O I _ 1•i'. � sn I ....... 654.73 ..... 1� O + r IA r •� �% a; I (n to t I I I� 2 ;eII N : ; ^ c. v. __ vz �' r 0 cn I gel �� g v r� I �+ i iw ( 7o O 3 z f (I �, 31 II u♦Illh �. Dr\�w Je. a\\a..�c�t fLN^ M '•-..L.. f51.47..... ...... :...:... - ti121,WL 677.47 ....• ' N OO.53*64'W Eos* line. of S W 1/4 Or SW 1/4 c C o Sec. 10, T. 116, R.22 0 t w L I I g3oci? Sever YyTefl 1 1641 i I L -Y 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 Ame tel\ e '1035 i rK:MIN.y''S I �S )UF 93, rtiQl LLWA'P[4 :1 "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 41" t�e6 -J - THEi Sit ly V!�VoUi S/\/E Ii�rs e V Address /Gy /�-N /NSci t,61 RL /0 2, MAv5-� A/ 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