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HomeMy WebLinkAboutCouncil Information Memorandum 06-15-1989CITY OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM June 15, 1989 RECYCLING CASH DRAINING June 14/15: No Winner Next Week: $300 Cash Award UPCOMING MEETINGS AND EVENTS..... 1. PLYMOUTH FORUM -- Monday, June 19, 7:00 p.m. Plymouth Forum in City Council conference room. 2. COUNCIL MEETING -- Monday, June 19, 7:30 p.m. Regular City Council meeting in City Council Chambers. 3. CALENDARS -- Meeting calendars for June and July are attached. The June calendar has been revised to the show the addition of a June 27 special meeting of the Board of Zoning (M-3) FOR YOUR INFORMATION.... 1. 1990 FUNDING OF HUMAN SERVICE AGENCIES - Each year, prior to initiation of the budget process, we have sent a letter and a copy of the City Council's policy relating to the funding of human service agencies to those human service organizations which received a budgetary allocation from the City in the preceding year. This action was taken to forestall complaints by the human service agencies that they were not aware of deadlines in the budgetary process, or the Council's criteria for funding. The Council should direct whether or not the staff should send a letter to human service agencies funded in the 1989 budget, advising them of the 1990 budget deadlines and information which will be required in order for them to continue to receive City support. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 2. BIDDING OF PLYMOUTH PUBLIC TRANSPORTATION SYSTEM -- The Regional Transit Board has two objectives which affect the City of Plymouth. The first objective is to encourage competition by promoting solicitation of requests for proposal for public transit services. As the Council is aware, proposals were recently received and a contract signed to initiate the Plymouth Dial -a -Ride service. The Plymouth Metrolink services has not heretofore been awarded through solicitation of proposals. Instead, Medicine Lake Lines, who has been the historic vendor of this service, has continued as the provider over the last five years. In conformance with the Regional Transit Board objectives, and to assure that we are getting the best price possible for delivery of Plymouth Metrolink services, it has been our intent to solicit proposals later this summer for 1990, 1991 and 1992 Plymouth Metrolink services. This brings us to the second RTB objective. When systems are rebid, the RTB is seeking that the transportation services within the community be consolidated. In Plymouth's case, this means that we would prepare a request for proposal which would include both Plymouth Metrolink services as well as Medicine Lake Lines services provided in the northeast portions of the community. The advantage of consolidation is that it will give the City control of all transit services in the community. The potential disadvantage is loss of a revenue source for funding transit services. Medicine Lake Lines service in the northeast portion of the community has historically been paid through State general funds not property tax dollars. As such, the City has had a larger revenue base from which transit services could be financed (i.e. $900,000 property tax plus $100,000 general fund money). The fact of the matter is that our transit services have not required anywhere near the total amount of revenue available. This dual transit funding arrangement is also totally unique to Plymouth. By consolidating services, we expect that the total annual transportation costs in Plymouth will be approximately: 1. Plymouth Metrolink costs = $ 400,000 2. Plymouth Dial -a -Ride costs = $ 145,000 3. Service to the northeast portion of the community = $ 150,000 4. Plymouth administrative fees = $ 40,000 TOTAL = $ 735,000 CITY COUNCIL INFORMAITONAL MEMORANDUM June 15, 1989 Page 3 Since approximately 90 percent of the annual $900,000 property tax levy is available, or $810,000, we are growing close to the total amount available for transit in the community. The Regional Transit Board has advised tht funding is available beyond the 90 percent limit but they have not been specific. It is my intent to proceed with the preparation of a request for proposal. However, I wanted the Council to be aware of the impact of bidding before we give notice to Medicine Lake Lines to complete the preparation of requests for proposal. If the Council has concerns it would be appropriate to direct that this item be placed on the July 10 agenda. In the absence of such direction, we will proceed with preparations for rebidding. 3. NOISE COMPLAINTS - KIMBERLY MEADOWS & HERB'S SERVICE STATION -- Attached is a petition which was received from Mary Schlender on June 13. Blair Tremere and Frank Boyles met with Ms. Schlender to discuss the most effective means of resolving the noise problems. Frank and Blair advised Ms. Schlender that at least four alter- natives are available. The first is to have Kimberly Meadows repre- sentatives and Herb's Service Station representatives resolve the problem between themselves. Option two is to initiate mediation using the West Suburban Mediation Center. Option three is to have the Planning Commission conduct a public hearing to consider whether the conditional use permit should be rescinded. Option four is to remand the matter directly to court. Assuming a worst case scenario, Frank and Blair recommended that the services of the West Suburban Mediation Center be used. Ms. Schlender agreed that this would be the most effective next step and we are in the process of contacting Mr. Johnson to see if will agree to participate. If he does not, the only alternative would be to conduct a hearing before the Planning Commission on revocation of the conditional use permit. I will keep the Council advised as this issue moves ahead. We are hopeful that through the mediation process we can strike some form of compromise to resolve the problem much as we have over the years with West Medicine Lake Community Club and surrounding neighbors, and the Plymouth Gun Club and surrounding neighbors. (I-3) 4. TREE PRESERVATION POLICY -- On June 13, Frank Boyles and I met with Bob Burger to discuss the tree preservation policy. We agreed that the objective is to develop a policy which most simply and effec- tively attempts to preserves trees without needlessly penalizing developers or builders, or adding substantial administrative burden which would require additional full time city employees. We agreed that city representatives would be meeting with Bob's committee in the near future to forge ahead on this issue. An editorial in today's paper, attached, also addresses this topic. (I-4) CITY COUNCIL INFORMATIONAL MEMORANDUM June 15, 1989 Page 4 5. COUNTY ROAD 6/I-494 INTERCHANGE - This project is essentially two projects in one: the bridge and the diamond interchange. The bridge is being constructed by a project under the direction of the City. This phase will be completed this season. The interchange is to be constructed by MnDOT as part of a project of making additional improvements to I-494. Fred Moore has informed me that because we have not been able to obtain all the right-of-way necessary for the diamond interchange, MnDOT has again delayed the project for contract letting until this November. This will mean that the project will not be completed until 1991, instead of the earlier projected completion date of 1990. All the right-of-way has been assembled except for one piece. That piece is owned by Hennepin County and is part of the proposed waste transfer site. Last month, MnDOT rejected a construction permit which had been submitted by Hennepin County staff as not being adequate. Subsequently, the staff went to the Hennepin County Board and the Board adopted a resolution authorizing the County Administrator to sign a temporary permit for the construction of the diamond interchange. The approval, however, was saddled with conditions which involve the City's consideration of the waste transfer site. The resolution stated in part, that "the City of Plymouth will review the permit application submitted by Hennepin County for the transfer station within 90 days and not require as a condition for the operation of the Plymouth transfer station, that the interchange construction be completed, nor place any other unreasonable conditions on the conditional use permit." I expect that the County will be submitting an application for a conditional use permit and site plan approval on the proposed site within the next week or two. From our perspective, it would obviously be desirable not to link the acquisition of the necessary right-of-way for the diamond interchange to the transfer site. Given the fact that the project has been delayed by virtue of the inability of the City to obtain the construction permit from the County, I plan to discuss the issue further with the County Administrator and his staff in hopes of separating the issues. If that is not possible, the City obviously has the option of waiting until the transfer site plan process runs its course. If the site plan is ultimately approved, I am sure that the right-of-way will be included with the platting. If the transfer station does not proceed, the City could move to acquire the property through purchase and/or eminent domain. The City could also exercise the powers of eminent domain at this time. 6. FOUR SEASONS CARNIVAL - MAY 25 - MAY 29 - Councilmember Zitur asked for a report on the carnival held at the Four Seasons Mall recently. He was concerned because he had understood that the police received two calls regarding the carnival. Representatives of the shopping center had worked with the City and obtained approval to conduct the carnival in accordance with the requirements of the city ordinances. June 15, 1989 -.- v� .�•.v.��vN. Page 5 The carnival was held from Thursday, May 25 through Monday, May 29, and had approved operating hours from 10 a.m. to 10 p.m. Public Safety Department records indicate there were two calls to the Four Seasons Mall during those days. In one instance, there was a complaint of "kids riding their bicycles on the sidewalk." In the second instance, there was a complaint about two employees of the carnival who were loitering in the mall area about 11:30 p.m. on Thursday evening. They apparently were gone when the police arrived. To the best of my knowledge there were no other complaints and I therefore, conclude that the carnival did not create any particular problems for the City. 7. MINUTES a. District 281 Community Education and Facilities Compliance meeting, April 28, 1989 (I -7a) b. District 281 Government Advisory Council, May 26, 1989 (I -7b) 8. DEPARTMENT REPORTS: a. Police Department monthly report for May (I -8a) b. Public Safety monthly Alarm report for May (I -8b) c. Recycling Collection - Week 1 Collection with Waste Management Company (I -8c) 9. LEAGUE LEGISLATIVE WRAPUP SESSION -- The League of Minnesota Cities will hold a legislative wrapup session on Wednesday, dune 28 from 10 a.m. to 3:30 p.m. at the Sheraton Midway. The session is to discuss new laws enacted during the 1989 session of the legis- lature. Councilmembers interested in attending should contact Laurie. A copy of the meeting announcement is attached. (I-9) 10. BASKETBALL STRUCTURES -- Attached is a memo to Frank Boyles concern- ing two basketball hoop issues. I have authorized the re- installation of a basketball hoop for Mr. Wally Scheer, 3725 Evergreen Lane. Based on circumstances involving Mr. Scheer's insurance agent and the City, he will be "grandfathered in "with respect to the basketball hoop policy. In a case involving Mr. Len Robertson, 17110 - 28th Avenue North, a basketball structure was removed without notification from the City. Mr. Robertson's neighbor received the notices on the struc- ture, but did not notify us that the structure in fact belonged to Mr. Robertson. I have advised the Robertson's that their hoop will be returned and the City will reimburse them the cost of a pole which was cut down. A revised status list on basketball structures in the public right- of-way is attached. Also included are letters mailed to property owners recently discovered to have basketball hoops in the right- of-way in violation of city policy. The owners have been given 14 days to remove the structures. (I-10) .av iii iivi Page 6 11. DEVELOPMENT SIGNAGE -- On Friday, June 16, four development signs will be placed at the following locations: 1. South of Highway 55 at West Medicine Lake Drive -- Robert Larson Partners is requesting approval of a preliminary plat and variance in order to replat the property at the existing Plymouth Shopping Center for the creation of one lot. The variance is to allow for more than one principle building on a lot. (89017) 2. Northeast corner of Highway 55 and South Shore Drive -- Pump and Meter Service is requesting approval of a site plan and a conditional use permit in order to relocate the diesel fuel dispensing tank on this site. (89040) 3. 14505 - 21st Avenue North -- Subway Sandwich is requesting approval of a conditional use permit in order to operate a retail establishment (Class 2 restaurant) within the industrial district. (89042) 4. 2601 Niagara Lane -- Garlock Equipment is requesting a site plan and conditional use permit in order to expand their outside storage area on the south side of their building. (89043) The Planning Commission will hear these requests at their June 28, 1989 meeting. 12. CORRESPONDENCE: a. Letters responding to Barbara Shonka, 785 Windemere Drive, and Debbie Dietz, 5000 Jonquil Lane, from Mayor Schneider, concerning the community center. (I -12a) b. Letter from Martha Anderson, Chairperson, Sunset Hill School PTA, to Mayor and City Council, with respect to the requirement of fire lanes around school buildings. (I -12b) c. Letter to Karen Fox, Chelsea Mews HOA, from Mayor Schneider, advising that her concerns about the trails in Chelsea Mews has been referred to Chuck Dillerud for research and response. (I -12c) d. Letter of appreciation from Minnesota Speech -Language -Hearing Association, for the use of City Center for an executive council meeting. (I -12d) e. Note of appreciation from Jane Rohs for assistance offered by Plymouth Firefighter Cary Smith. (I -12e) f. Note of appreciation from Dellores Lewis to Plymouth Police Department. (I -12f) dune 15, 1989_ ....... _ .. �,,. .� ..._...,.., .....,,.. Page 7 g. Memorandum from doe Ryan outlining the events which culiminated in the issuance of a temporary restraining order against Greg Begin stopping him from placing an estimated 500,000 cubic yards on the property at 5525 Xenium Lane. (I -12g) h. Letter responding to Marjorie Stangel, 10540 - 43rd Avenue North, on various traffic problems in area of 45th Avenue and Nathan Lane. (I -12h) i. Letter of appreciation from Roland Danielson, U. S. Bench Corporation, to Mayor and City Council. (I -12i) James G. Willis City Manager OGW:jm attachments Q m �2 NM N N N 2 M O P I O — — N f+ E j N m m N r N 0) 00 T� LU z :D S IA N W m LL N 3 of - M 0 i N M N W M O N Y 3 O O N N i n N N N LL N N ~ 01 00 Q 3 N � N 2 M O P I O — — N f+ E j N m m N r N 0) 00 T� LU z :D S IA N W m LL N 3 of - M 0 i N M N W M O N Y 3 O O N N i n N N N 00 Q � D CL) Q (n �' > M �- N °' Q U - CD M O N a) N M Z Q 0 cn F-� W � W W . W a 2 a C) a a� N d7 r-= 00 Z o O H O0- O a U M LO UCD f D U OM W O W CDC, C7 Z • • Z W Z z 6�O �' �tU' r 00003 N N a m U- z z r-+ H N QON I- E PE4 W O a O W D Q ~�m O ��W� Cfl r-m� N N�V� ZZ-i Owe-, �.. H QW ••O O O U)v1U0 OC -)O Z M n�M Q ^ Q LO �� r- ���M N G 0 m Q Q a z D N LL N z nM O N N f N N N 00 90 J N Of t0 N M m T ~ 00 Q W 3 N M O N N z to O r N f z H 90 J m 00 Q N 0 cQn In N v r- Qp Q 0 U- 00 N N Q Z LD •--� z W F� LL) w . � a LU <� OC:x v •r u U QO d L U o LU o v ZM Z o�> � ~ ^ 0 J O LU n r d Z 0 Q CD LO'� N a m •z V) Z CL z } oa Q i }� z c[ LL G] U-) L-) r+ O o in LL- LTJ C'3 M Fj4 W z r -i O N , O F�F--L.) �z ►-� pAl O CD d • P4 ,^ L! CD F- M co � --I N J r' M Q Q C) F- 0 00 Z .. � c7 J O Q n LtJ - d O Z O M �� N�� O M Q z M N a) N 90 J .V w v t ) O \, --) *- - c{ 7 3 —I � — Prank _;oyl es, A.ssiotant City ..:+Hager City of "Illymouth 3401 -Ply-nouth 31vd. 3�nouth, "N 55447 Dear ".r. 'Boyles: J uii e �.3 e the citizens and residents in close proximity of. the Unocal 76 service Station at Highway 101 and :'ounty oad are neti tionin-you to take seriouSl-tr :chat r.e. i eel are very clear and deliberate violations of the _:i iy :;ode :2005.01 `:utdivisicns :r1 and by `.r. Davidand his eTnloyees. :llthous,h _;Jou nave writ ten to -Jr. Johnson asking hi -r. to keen the garage doors facing the residences closed, he has refused to do so, therefore exposing us to the constant disruptive noise off a busy service staticn. thes noise include, bu i are no limited to. loi)d rnet=.+.11. On. po,Undin`, the air '..rrench oneratin•=metal tOG�. : dr, -!-)n _ a_. on cement., V horns honkin _., engines revving' uD, chains c l ar!.cin , the motor and rl chin i:•'c:t:'r noise from the car 'e a an A v ^r it !�Y'uSiz'C "ding'' ever; tune a car drives over the ri-bber hose. —.Lso, for a.pproxi:na.tely the last -oath, nights the jara?e doors have stayed oven and the t .t.icn -: or.'<:inr •,L i ?- -PP-Et the i :•'.jC? .',.=�. noise curfew, until 1 I ::J .i' it even i � ; J� c. + J ln^ C � i . nosslb1 a e as ;,hat sof-ethin` be done as noon, aL,c - _ i .:'_.e about r 67 133 y ution. Star Tribune Established 1867 'dm Roger Parkinson Pubusner ano rresweru Joel R. Kramer Executive Editor Tim J. McGuire Managing Editor Robert J. White Editorial Editor Thursday/June 15/1989 Protect trees from construction damage TO oaks from little acorns grow. Unless, of course, someone drives a" bulldozer over them or piles chunks of concrete on them or digs up the surrounding area. Which is exactly what happens to thousands of trees in the Twin Cities every construction season. With a little care, most of the destruction could be avoided, according to Lasting Woodlands, a fledgling nonprofit organization dedicated to preserving the urban forest. Builders need to exercise that care, and Lasting Woodlands is eager to help. Contrary to common belief, the roots of most trees lie close to the surface. That means they are extremely vulnerable to damage from vehicles or suffocation from construction materials or debris. The result is that more trees are lost to construc- tion -damage each year in the metropolitan area than to Dutch elm and oak wilt diseases com- bined. This needless destruction could be avoided if builders would just follow a few simple rules. For instance, many trees could be saved if builders would design their projects to preserve specific trees or tree groupings, then cordon them off from the construction zone. A list of these and other suggestions, plus a newsletter on preserving trees, is available from Lasting Woodlands at 439-3356. Builders have a responsibility to minimize the damage they do to the environment. Trees help cool the city in the hot summer, provide oxygen and give the Twin Cities an aesthetic beauty that has made it one of the prettiest urban areas in America. The Twin Cities needs its trees at least as much as it needs new buildings. LA Independent School District 281 Robbinsdale Area Schools Community Education and Facilities District 281 Community Education and Facilities Compliance Meeting Friday, April 28, 1989 4148 Winnetka Avenue North Board Room Present: Mary Anderson, Golden Valley Mayor; Peg Berlin, Chemical Abuse Task Force; Paula Beugen, School Board Chairperson; Elmer Carlson, Crystal Council; Howard Christenson, School Board; Dan Donahue, New Hope City Manager; Garry Grimes, Crystal Council; Betty Herbes, Crystal Mayor; Juanita Hoffe, School Board; Meredythe Jones-Rosse, CE Advisory Council; Dorothy Jorenby, CE Advisory Council Chairperson; Sue Leland, Chemical Abuse Task Force; Pat Mercy, Chemical Abuse Task Force; Dean Mooney, Golden Valley Police; Linda Powell, Superintendent; Lloyd Ricker, Plymouth Council; Merrilee Riley, School Board; Joy Robb, Robbinsdale Mayor; Lorna Rohach, Chemical Abuse Task Force; Pat Ruby, CEF Secretary; Adrian Rygg, Crystal Council; Celia Scott, Brooklyn Center Council; Bob Shellum, Golden Valley Police; Carroll Vomhof, CEF Director; Jim Willis, Plymouth City Manager; Bob Zitur, Plymouth Council The meeting was called to order at 7:40 a.m. by Paula Beugen. Carroll Vomhof welcomed the group. Each member in attendance introduced him/herself to the others. Vomhof described the annual compliance meeting and noted this meeting was in combination with the Superintendent's Government Advisory meeting. Sue Leland, of the Chemical Abuse Task Force, gave a brief history of the task force. Peg Berlin brought samples of books which are available from the U.S. Department of Education and the Minnesota Police and Peace Officers Association. Pat Mercy and Lorna Rohach discussed the Chemical Awareness Program. After giving a brief history and components of the program, they discussed various programs related to "different schools and grade levels. Pat Mercy discussed the curriculum in middle schools and high schools and described various programs related to these grade levels. There was a brief question and answer period. Dean Mooney, of the Golden Valley Police Department, discussed the history of the G.V. police getting involved in drug abuse preven- tion. Bob Shellum described the pilot program at Noble School (Counteract). This is a five-week program designed to teach refusal skills to grade five students; it involves the parents as well. The plans are to expand this program into other public and private schools. There was a brief question and answer period. (over) -�- . -7 (, Compliance Meeting April 28, 1989 Page Two A monthly financial report was handed out from the RHS Resource Center. Vomhof briefly discussed some of the tenants and services provided at this location. There were no questions. Vomhof discussed the unused building situation (Thorson). Costs and budget were discussed. There was a general discussion of the building situation in District 281. Superintendent Powell will contact the City of Crystal, the school board and administration regarding a meeting on this topic. Dan Donahue requested the Superintendent include the cities in future property committee meetings. Vomhof brought the group up to date on the Summer School Program. Enrichment classes have been cut, leaving credit make-up classes only (for grades six through 12.) There was discussion on the possibility of Community Education coordinating summer school classes, as well as scholarship possibilities. The meeting adjourned at 8:55 a.m. kak- INDEPENDENT SCHOOL DISTRICT 281 Robbinsdale Area Schools Learning Jor a lifetime of growing GOVERNMENT ADVISORY COUNCIL Meeting Friday, May 26, 1989 PRESENT: Dan Donahue (New Hope), Joy Robb (Robbinsdale), Robert Zitur (Plymouth), Charles Darth (Brooklyn Park) Linda Powell (281) LEGISLATIVE UPDATE: Ms. Powell •presented a --legislative update. The referendum cap was removed but the -district can have only one referedum a year and it must be held on November election days. Residents are to be notified at least 30 days in advance of a referendum. The board has made no decision on a referendum at this time but a decision will probably made in late August or early September. The general education formula was increased 3% or $2,838 per pupil for next year and 40 or $2,953 for the following year. With those numbers the fund balance in 1990-91 would be 1.4 million dollars. The school board policy mandates the district maintain a 1.5 million dollar fund balance. There will be money for K-l.i"ndividualized learning of $63 per child. Funding for noon kindergarten transportation was maintained. Special education was shifted to local levy. The formula for early childhood education was increased as was the community education formula. The bill provides money for funding for adult basic education for the biennium. The governor's art school was approved. There was a question about capital outlay for media centers. Ms. Robb suggested including the media centers in the referendum. Ms. Powell mentioned she would be forming a financial committee to make recommendations to the school board. Ms. Powell stated that our legislative representatives were very supportive of the school district's financial needs. OPEN DISCUSSION: Mr. Zitur mentioned that he had attended a graduation ceremony for the AWARE drug program in the schools at Meadow Lake and was very impressed with the program. Plymouth is looking at this program. Ms. Powell strongly recommended the program. Mr. Donahue requested that the district require knowledgeable personnel to purchase playground eqiupment (for safety reasons) whenever the city and the district collaborate finances for such purchases. RECOGNITION: Ms. Powell presented the members with certificates of appreciation and thanked them for their attendance, communication and recommendations. Linda Powell Interim Superintendent 4148 Winnetla Avenue North New Hope. Minnesota 55427 (612) 533-2781 AN EQUAL OPPORTL'.Vnl' EMPLOYER j c 1'1 � 00 O N OWN o v 4w U w aQ V W O"O� Q � pa V) z (v I .v) .d c 4 d d 4w C '� wC r zGPM 4w C � (j) ad O u 1 PLYMUU 1 h F'ULIVt Ur -PAPS 1 Mr -r41 MONTHLY REPORT MONTH CLASS May 1989 MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 1 0 21 29 114 18 1 0 2 1 0 1 36 1 27 1 87 1 11 1 0 TOTALS 1988 184 1989 163 CLASS II FORGERY COUNTERFEIT FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I. LIQ, LAW DISORDERLY CONDUCT OTHER 6 2 17 3 48 5 18 4 20 12 20 99 2 26 16 1 93 2 6 8 31 17 4 63 TOTALS 1988 254 1989 269 +6% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 0 17 71 0 0 86 1 2 1 3 31 0 12 86 0 0 76 0 3 1 5 35 TOTALS 1988 212 1989 218 +3% CLASS IV TOTALS 1988 1131 1989 1195 +6% HAZARDOUS VIOLATIONS 1988 588 1989 465 -21% NONHAZARDOUS VIOLATIONS 1988 499 1989 510 +2% CRIMINAL OFFENSES CLEARED 1988 45% 1989 20% ASSIST 1781 1989 1845 +4% ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC. 33 201 138 112 40 22 183 149 4 22 144 83 32 165 128 148 35 29 138 162 8 27 163 160 TOTALS 1988 1131 1989 1195 +6% HAZARDOUS VIOLATIONS 1988 588 1989 465 -21% NONHAZARDOUS VIOLATIONS 1988 499 1989 510 +2% CRIMINAL OFFENSES CLEARED 1988 45% 1989 20% TOTAL NUMBER OF INCIDENTS i988 1781 1989 1845 +4% PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH January - May 1989 MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 0 10 3 96 95 412 77 4 0 16 0 135 105 348 69 5 TOTALS 1988 697 1989 678 -3% CLASS 11 FORGERY COUNTERFEIT FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF, NARC. OFFENSES FAM/CHILD D.W.I. LIQ. LAW DISORDERLY CONDUCT OTHER 17 35 99 8 175 20 79 9 174 33 32 209 19 35 83 7 287 15 62 22 161 68 32 159 TOTALS 1988 890 1989 950 +7% CLASS III FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 3 78 338 1 0 337 3 7 6 9 127 0 49 382 0 0 413 1 12 6 14 141 TOTALS 1988 959 _1989 1018 +F% CLASS IV TOTALS 1988 4+777 1989 5-517 +15% HAZARDOUS VIOLATIONS 1988 2,197 NONHAZARDOUS VIOLATIONS 1988 2,241 CRIMINAL OFFENSES CLEARED 1988 3 o 198224OX 1989 1,864 —15% TOTAL NUMBER OF INCIDENTS 1988 7,323 1989 2,323 + 4% 1989 8,274 +13% ASSIST ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC. 128 690 483 510 155 134 942 619 19 91 587 419 145 636 621 714 215 164 789 719 34 85 442 953 TOTALS 1988 4+777 1989 5-517 +15% HAZARDOUS VIOLATIONS 1988 2,197 NONHAZARDOUS VIOLATIONS 1988 2,241 CRIMINAL OFFENSES CLEARED 1988 3 o 198224OX 1989 1,864 —15% TOTAL NUMBER OF INCIDENTS 1988 7,323 1989 2,323 + 4% 1989 8,274 +13% PLYMOUTH PUBLIC SAFETY ALARM REPORT POLICE FALSE ALARMS PERMITS 1988 139 15 1989 111 65 CHANGE - 20 % 333 % FIRE FALSE ALARMS PERMITS 1988 28 3 1989 30 12 CHANGE 7 % 300 7. May MONTH MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 9, 1989 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: RECYCLING COLLECTION WASTE MANAGEMENT COMPANY Wednesday and Thursday of this week was our first collection of recyclables under the contract with Waste Management Company. Overall, in discussing the collection with Dick Pouliot and the secretaries in the Engineering Department who are handling the phone calls, we feel it went very well for the first day of the new contract with a new contractor. As you know, Waste Management picks up recyclables on Monday and Tuesday in Minnetonka, Wednesday and Thursday in Plymouth, and Friday in Golden Valley. All three are new contracts which have not been previously collected by this firm. Waste Management got way behind in the City of Minnetonka on Monday and Tuesday. Although they worked until approximately 11:00 p.m. on Tuesday, they did not get completed. They did not complete Minnetonka until around noon on Wednesday. Although they started in Plymouth the first thing Wednesday morning, it was not with all of their equipment since part of it was within the City of Minnetonka. The collection within Plymouth on Wednesday is the area west of I-494. Because of the late start with all of the equipment in Plymouth, they did not complete the area west of County Road 101 and South of County Road 24. The collection in this area was not completed until late Thursday morning, and therefore, they got a late start with all their equipment on our Thursday collections. On our Thursday collections they did not complete the area southeast of Medicine Lake. They are now working on this area on Friday and they expect to be completed before noon. Although we have received several telephone calls on missed collections, almost all of them have been within the areas where they were starting late on their collecting. There have been very few phone calls on an actual missed collection. We did have one small area (the seven houses on 41st Avenue, north of Highway 55 and west of Markham sporting goods) that was an actual miss. Waste Management has discussed their changes in collection procedure with Dick Pouliot and they are projecting that they can get back on schedule next week. The key to the entire schedule is completing each city on the correct days. FGM:kh 11DIUIMM I :L7! A 10 LMC Legislative Wrapup Sessions The League of Minnesota Cities will hold four legislative To register please return the registration form on the right to: wrapup sessions, June 26-29, 1989 to discuss new laws en- LMC Finance Department, League of Minnesota Cities, 183 acted during the 1989 session of the Legislature. University Avenue East, St. Paul, MN 55 101-2526. Please contact Lynda Woulfe or Laurie Audette at (612) 227-5600 if Agenda you have any questions. 10:00 am Registration (coffee and rolls) 10:30 - Noon General Government -- Joel Jamnik Transportation, environment, public safety and personnel issues Noon - 1:00 pm Lunch 1:00 - 2:30 pm Finance and Revenue -- Laurie Hacking Sarah Hackett Property tax relief, homestead and agricultural credit aid,local government aid, equalization aid, levy limits, truth in taxation, and reserve funds. 2:30 - 2:45 pm Break 2:45 - 3:30 pm Election Law -- Ann Higgins Campaign finance report certification and school district petitioned levy referendum elections 3:00 - 3:30 pm Economic Development -- Donald Slater Job impact statements, housing impact statements and tax increment financing Legislative Wrapup Sites Date City Location Monday, June 26 Bemidji Holiday Inn Bemidji Highway 2 West Tuesday, June 27 St. Cloud Holiday Inn Holidome West Division at 37th Ave. Wednesday, June 28 St. Paul Sheraton Midway I-94 and Hamlin Thursday, June 29 Mankato Best Western Garden Inn 1111 Range Street r-------------------� LMC Legislative Wrapup Sessions I Registration I I I (REGISTRATION FEE IS $20 PER PERSON (INCLUDES I (LUNCH). PLEASE MAKE YOUR CHECK PAYABLE I TO THE LEAGUE OF MINNESOTA CITIES. ' I I (Name: Name: I I I ITitle: Title: I I ICity: Phone:( ) I I I I II (we) will attend the I Isession in: F]Bemidji St. Cloud IF—] St. Paul a Mankato 'Number attending Total enclosed I I I I IReturn to: LMC Finance Department I I 183 University Avenue East I I St. Paul, MN 55101-2526 I I I I I L- - - - - - - - - - - - - - - - - - - J DATE TO CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., (LVDMOUT-28H,00NESOTA 55447 MEMO June 14, 1989 Frank Boyles, Assistant City Manager FROM: James G. Willis, City Manager SUBJECT BASKETBALL HOOPS "It ain't all over until it's over" - whoever said that was right -on. We've got two basketball hoop matters which I have become involved with and which I hope now are on the road to resolution. _-� D The first issue deals with a Mr. Wally Scheer, 3725 Evergreen Lane. I have agreed to return Mr. Scheer's basketball hoop. He is to provide the City with a copy of his insurance policy/binder within two weeks of this memo. His insurance agent has apparently discussed this matter further with Taud Hoopingarner regarding getting the much delayed certificate delivered to the City. If he provides the certificate to the City within the two weeks, we have agreed to consider him to be grandfathered with respect to our basketball hoop policy. He will then reinstall the basketball hoop at the street's edge. Laurie, I would like to have you verify with Taud that the insurance binder or policy is, in fact, received by the City within two weeks of this memo. If it is not, I would like to know in order that I can contact Mr. Scheer (591-6013). Jim Kolstad is hereby requested to have the basketball hoop returned to Mr. Scheer as soon as arrangements can be made directly with him. The second issue involves Mr. Len Robertson, who resides at 17110 - 28th Avenue. In this instance we apparently notified Mr. & Mrs. Edwin Tiseth, 17100 - 28th Avenue North of the basketball structure being in the right-of-way. These folks don't have a hoop and report that their neighbor did not either. Apparently, however, they overlooked the Robertson's who lives on the cul-de-sac, just west of the Tiseth's. Our street people didn't overlook it and, of course, took the hoop. I have told Mr. Robertson that we will return the hoop to his home in order that he can have it installed on his property. I have also informed him that we would reimburse him the cost of the pole which was cut down so the basketball hoop can be reinstalled at the appropriate height. Mr. Robertson is to send me a copy of the bill when he has obtained the pole. By copy of this memo I am asking Jim Kolstad to be in touch with Mr. Robertson (work: 544-8101, home: 473-5320) and arrange to have the hoop returned to his home. BASKETBALL HOOPS June 14, 1989 Page 2 I assume that we know specifically which hoops belong to which party and can return them to the appropriate party. I also assume that the hoops are not damaged so as to exacerbate the P.R. problems which have already been created. I want to thank you all for your best efforts in trying to execute the Council's direction in this difficult matter. It was obviously a "lose -lose" situation, however I think you all did the very best that you could. Thanks for your efforts. I hope this will be the final curtain on this issue. JW:kec cc: Jim Kolstad, Public Works Superintendent Laurie Rauenhorst, City Clerk �o 6/15/89 STATUS OF BASKETBALL STRUCTURES Permits Issued 1295 Sycamore Lane (Anderson) 10535 49th Avenue North (Berozovsky) 12400 48th Avenue North (Best) 18320 31st Avenue North (Boegel) 18205 3rd Avenue North (Boris) 11305 39th Avenue North (Confeld) 5761 Oakview Lane (Darth) 5510 Rosewood Lane (Falk) 10310 27th Avenue North (Galovan) 2945 Everest Lane (Minner) 4020 North Cottonwood Lane (Peterson) 3725 Evergreen Lane (Scheer) 13030 12th Avenue North (Tapper) 11505 38th Avenue North (Wennerlind) 1760 Ranier Lane (Wozniak) No Permits Issued - Structure to be Removed 12955 30th Avenue North (Curran) - City removed pole only on 6/9/89 10515 31st Avenue North (Heggen) - Owner removed 4775 Pineview Lane (Peterson) - City removed on 6112/89 14620 7th Avenue North (Kohn) - Owner removed 19025 26th Avenue North (Seleen) - Owner removed 17110 28th Avenue North (Robertson) - City removed on 6/9/89 12105 29th Avenue North (Pouliot) - City removed pole only on 6/9/89 12110 29th Avenue North (Hickman) - Owner removed 14650 40th Place (Moen) - Owner removed 14640 40th Place (Thompson) - Owner removed 11430 41st Avenue North (Metro) - Owner removed 11440 41st Avenue (Dematthew) - Owner removed 11600 41st Avenue (Nathanson) - Owner removed 10815 53rd Avenue (Pheasant Trails Investors) - Owner removed 13035 56th Avenue (Dering) - Owner removed 3870 Balsam Lane (Dingles) - Owner removed 3880 Balsam Lane (Hymes) - Owner removed 3885 Balsam Lane (Brusuen) - Owner removed 405 Brockton Lane (Niederman) - Owner removed 14435 40th Avenue North (Anderson) - Owner removed 5225 Cottonwood Lane (Simmon) - Owner removed 2825 Holly Lane (Urcheck) - City removed on 6/9/89 3035 Oewel Lane (Calverley) - City removed on 6/9/89 4930 Magnolia Lane (Chose) - Owner removed 5910 Norwood Lane (Kelley) - City removed pole only on 6/12/89 5920 Norwood Lane (Reynolds Const. Co.) - Owner removed 4905 Oakview Lane (Krause) - Owner removed 2820 Ranier Lane (Bluhm) - City removed on 6/9/89 3055 Rosewood Lane (Moore) - City removed on 6/9/89 1305 Sycamore Lane (Leopold) - Owner removed 4210 Ximines Lane (Huffman/Peterson) - Owner removed CITY OF June 12, 1989 PUMOUTR Byron and Judith Danelius 2980 Norwood Lane Plymouth, MN 55441 Dear Mr. and Mrs. Danelius: The Plymouth City Council recently became aware that numerous residents had constructed basketball structures within the public right-of-way, generally at the edge of street paving. The location and orientation of these basketball structures necessitates the use of the street for playing basketball. This practice interferes or potentially interferes with the movement of traffic and place individuals using the street right-of-way for playing basketball at risk. In order to reduce the potential risk to pedestrians and motorists and reduce the City's liability with respect to the use of such structures, the City Council adopted a policy (attached) relating to the placement of basketball structures on March 6, 1989. The policy states that "In those cases where a basketball structure is located in the right-of-way which is not in conformance with this policy, the City Clerk shall notify the property owner, in writing, to remove the basketball structure within 14 calendar days of said notice. If the structure is not removed within the 14 calendar day period, the City shall remove the structure at its expense. This letter, as required by the policy, is your 14 day notice that your basketball structure must be removed by June 28, 1989 or the City will have no alternative but to remove the structure commencing June 29. You will receive no further notice of this action. Please call me if you have any questions. Sincerely, Laurie Rauenhorst City Clerk cc: Tom Vetsch, Street Supervisor X400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 Salvatore Catapano 18115 27th Avenue North Plymouth, MN 55447 Dear Mr. Catapano: The Plymouth City Council recently became aware that numerous residents had constructed basketball structures within the public right-of-way, generally at the edge of street paving. The location and orientation of these basketball structures necessitates the use of the street for playing basketball. This practice interferes or potentially interferes with the movement of traffic and place individuals using the street right-of-way for playing basketball at risk. In order to reduce the potential risk to pedestrians and motorists and reduce the City's liability with respect to the use of such structures, the City Council adopted a policy (attached) relating to the placement of basketball structures on March 6, 1989. The policy states that "In those cases where a basketball structure is located in the right-of-way which is not in conformance with this policy, the City Clerk shall notify the property owner, in writing, to remove the basketball structure within 14 calendar days of said notice. If the structure is not removed within the 14 calendar day period, the City shall remove the structure at its expense. This letter, as required by the policy, is your 14 day notice that your basketball structure must be removed by Dune 28, 1989 or the City will have no alternative but to remove the structure commencing Dune 29. You will receive no further notice of this action. Please call me if you have any questions. Sincerely, Laurie Rauenhorst City Clerk cc: Tom Vetsch, Street Supervisor ?-*n PLYMOUTH BOULEVARD. PLYMIOU T H. MINNESOTA 55447. TELEPHONE (612) 559-2800 �v CITY C� June 12, 1989 PLYMOUTH+ Ms. Barbara G. Shonka 785 Windemere Drive Plymouth, MN 55441 SUBJECT: YOUR JUNE 2, 1989 LETTER REGARDING THE COMMUNITY CENTER Dear Ms. Shonka: Thank you for your June 2 letter in which you provided three examples of "how the majority of Plymouth residents feel about the community center." You should be aware that the City Council elected to take action on the community center issue only after undertaking the survey of Plymouth residents' reactions in December 1987. In the survey we found that over 50% of those surveyed favored the construction of the community center. Because this was only a survey, we then decided to conduct a series of meetings to get a better sense for the perspective of Plymouth residents on this issue. During the first hearing, which took place earlier this year, 30 persons spoke in favor of the community center. The concentration in their presentations was on what facilities the community center should contain. The second public meeting yielded almost no public response, even though it had been substantially publicized. The most recent meeting is the only one in which significant opposition has been voiced. This is a difficult decision and the City Council has approached it in terms of what we believe will be best for the entire community now and in the years ahead. After a great deal of examining the question, the City Council has voted to proceed with the project. Thank you for sharing your concerns. Sincerely, V rgil Schneider. Mayor VS:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 �� o�G... �� ���� v ✓ �i� �Lc,CJ�- ./ '.•% L���;%-'��� �'�-r..t'�- XLH-!'t�t'� 1�- L' ��"" a �Y � .� D �- �_ ._ ._-- i/�J� �� �� J r �` -.-- - `\ �\ c �' `�d� `J _' A '� �Y4 �i���� � `� t -Midn odn►, UW 31,1989 Plymouth. to build Taj Mahal? To the Editor: The city management of Plymouth (the Czar) plans to build a Recreation Center (Taj Mahal) costing over 12 million dollars. -.,The decision to go ahead with this project was made by an elite few most employees of the city and the City Council — without any sort of public mandate or referendum. They found a convenient loophole in our Minnesota statutes which enables them to proceed with this project without a referendum; how- ever, the bottom line is this: ALL monies that enter Plymouth City Hall regardless of the label originate as taxpayer dollars. What this elite few tthe Czars) are doing, then, is to spend taxpayer money for something they. want (a monument to themselves!) — without taxpayer (peasant) permission - and then sending the bill to the taxpayer (peasant). This reeks of to- talitarianism — and "I want you to pay" attitude, characteri- stic of dictators and Czars. We read about the "taxpayer revolution." Well, it is actions like these that irritate and annoy the taxpayer, creating the revolution. Can we believe anything the city says? First, it is $8 million, and operating expenses will be covered by user fees. Now it's 412.5 million and needs almost 100,000 in taxpayer assistance to cover operating costs. Even as they are professing that this monument is being built without tax dollars and that it won't disturb the city's infrastructure, etc., they are discussing a proposal to assess ehch property owner $1,000 to be levied in a couple of years. (Curious — 12,500 property owners x $1,000 equals 12.5 mill — the cost of the Rec Building!) I think it's time our city government became responsive to the populace. We don't need a monument to extravagance — an unnecessary luxury — a Plymouth Taj Mahal. The Taj Mahal is a tomb. Let's make Plymouth's a tomb to our city management by voting these `big spenders' out of office and firing the rest. Arlene Johnson PLYMOUTH" .. _ •:.s. tin :T^ s k�' s a j",t r.'�� ?•s f+.i Y, #,ri r.• �a ^e r � '" 'y" • , To the Wednesday, May 31,1989 ; .:...f :. younissed the public hearing on the Plymouth Community "Center's Tuesday; May 16, this is. some of . what happened. Thetje were mostly..' citizens opposed tothe;expenditure of.fttnds forthe�comm ,Center the ca�ty of Plymouth appearso be willing to uil ;12.; .on commumty$centeri`ai►itliout�the benefit bf a� ireasibihty study to see if one: is needed The City NCsa ncil'also idmits that a.portion of thevperating +aosts.will be passed onto the. residents each year- in the' form of hkreased �. - taxes:'There was" no 'business expert who determined that -the Readers ,are saying..:. ,i projected costs were reliable Although the building of the community center willuse funds y ?_ Here are SOU"O" comments from readerstiv(i�►+eailed -that will not. raise our _taxes.now;when aay. road, bridge or ex- our hot line (537-9516) from May 23 through 26-.4' 411P 3 ;,,ti :fisting city ed structure"needs -repair, -rand the,, land is depleted, the taxes will be raised in order to pay for it. • ' Plymouth man, regarding the city's plans 16 `build a � 'No resident who testified at the hearing asked to have their communitycenter, says be recalls that it was on the ballot taxes raised; however, your port of view may have been miss- couple couple of years ago and was soundly;'defeated. ,'What gives ed All the City Council members were present (however, they y the city the right to-push it �_ through anyway i Aleve' ft v' _ Almhot:lserve. on, the commission) end •council mein Jamy should go before the voters before they spend our money li -Sisk: handled the 'meeting veryf well. Tlie only council member >;, Plymouth man says he's. opposed -c • Pl Ym Ys . to the community' ten- "If .(not on the commission) to speak was Maria Vasilou,`who,stated :she wanted the :community :center, but thought the. residents ter proposal. there's a $12 million surplus, why not update should have more, access to the decision :process: The -commis- our police and fire departments? We could have more police officers, additional fire stations, trucks. We could provide ;won `is toreport to`t�e full' council on the next meeting on. Mon- Si &y, the findings.-It would be in everyone's interest citizens with a safer community and a better place to live in- June S, on to g°. to then report and decisico41t-:means,higher or stead of just weekend entertainment." - - lower taxes for you. : x _ - It. would be nice to have a community center in Plymouth. But one that-is privately financed, and one that operates at no' loss (and preferably at a profit) is needed. Even though the council can decide to build the center with our funds without a referen- :.t ,dura or vote of the Plymouth residents,_ it. would be in their best k.:: interest to do so. The only way to stop, the council would be to j' either tail and write them before the next meeting or have a recall election and put other, more responsive members on the council. Larry Geyermar `` PLYMOUTH CITY OF June 12, 1989 PUMOUTR Debbie Dietz 5000 Jonquil Lane Plymouth, MN 55442 SUBJECT: YOUR JUNE 4 LETTER ABOUT THE PLYMOUTH COMMUNITY CENTER Dear Ms. Dietz: Your June 4 letter raises numerous questions about the construction of a community center. I will address the questions in the order asked. Why should I be forced to pay for a community center? As you probably are aware, your tax money will not be used to construct a community center. Instead, funds which have accrued primarily from interest earnings on the prepayment of special assessments are to be used for community center construction. Operating funds are to be recovered from user fees. You question whether or not the City took an opinion poll of residents of Plymouth. The answer to the question is yes. In December 1987, the City Council hired a firm to conduct a survey of Plymouth residents to determine their perceptions on a wide range of issues. A number of questions were Included about the community center. In the last survey, over 50% of those responding indicated that they favored the construction of a community center. The fact that you were not included in the survey is a function of the randomness of the survey design intended to increase its reliability so that the results can be projected to the entire Plymouth population. You asked why not spend all the community center money on our schools. The City and school district are separate governmental entities. At the present time, depending on the school district in which you live, the school district consumes .over 50f of each property tax dollar. The City, on the other hand, requires no more than 15t. Speaking of property taxes, you should know that since 1986 the Osseo school taxes have increased 28%, the County 17% and various miscellaneous taxing districts 16.7%. The City of Plymouth has increased only 7.9% during the same period. This increase is well below the level of inflation for the same period! 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Debbie Dietz June 12, 1989 Page 2 You questioned whether I believe our school system should be strong. I have had children in the Osseo school system and,. as any parent, want the best educational system possible for my children. I know that the community center issue is important. Personally, I believe the community center is a far better investment of funds for all residents of the community, than say a one-time property tax write-down. I believe that Plymouth residents will use the community center. I hope that I have been able to answer your questions. If I have not, please let's discuss this further. Thanks for taking the time to write. Sincerely, I__/ Vi gil Schneider Mayor VS:kec x • �--Q_ Ll C>-8 Qs,,._�. ��_ c� �-� ate--, d�..� S S o ..g �� dL-.® �� -�-�- Caw--� S S ��'-Y-�-�- '� moo o � L--�_.--� ►v y Y� 1929 Oakland Road Minnetonka, MN 55343 June 10, 1989 Plymouth City Officers: Mayor Virgil Schneider; Councilpersons Lloyd Ricker, Robert Zitur, Maria Vasiliou, and Jerry Sisk; City Manager 'James Willis. Dear Plymouth City Officers: The Sunset Hill School PTA recently learned of your requirement to have the District put a Fire Lane around the schools. Naturally, our first concern is for the safety of the children, and a Fire Lane might seem to be a good idea. However on further consideration, we are concerned that a Fire Lane might pose some risk to our children and our school, and we are not convinced that it would significantly increase access to the building for fire trucks. We think that having a road between the school and the playground puts the children at risk to be struck by some motor vehicle. Right now this area is protected from motorized traffic, although it is drivable and at rare times cars or trucks do drive there for deliveries of equipment. We are also concerned that having a road around the building presents an increased security risk to the building and to the adjacent Nature Center. We have a sprinkler system in the building. In case of an emergency, fire trucks presently could drive on the grass around the building; in winter the snow is heavily compacted by the children ( and could be cleared by snow blowers) so access is still available. Can you demonstrate to us that the road is indeed necessary for the safety of our children? Do the'benefits of the road for fighting a fire outweigh theme risks of the road for a serious accident to one of our children? Please consider your decision, and let us know why the Fire Lane is necessary. Sincerely, J 2�Z`' Martha Anderson Chairperson, Sunset till School PTA cc: David Landswerk, Superintendent of District 284 Carol Bryant, Principal, Sunset till School _I_:-% a b CITY C� June 12, 1989 PLYM00+ Ms. Karen Fox President Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 SUBJECT: YOUR JUNE 5, 1989 LETTER Dear Ms. Fox: By copy of this letter I am referring your concerns about the trails in Chelsea Mews to Chuck Dillerud, Community Development Coordinator. I am asking that Chuck research this matter to determine the proper ownership of the trails and who would be responsible for pursuing this matter further with the Chelsea Mews Association. Chuck should contact you directly with his findings. Thanks for your inquiry. Sincerely, Vi /-1- Schneider Mayor VS:kec cc: James G. Willis, City Manager Chuck Dillerud, Community Development Coordinator Blair Tremere, Director of Planning & Community Development Eric Blank, Director of Park & Recreation 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 554470 TELEPHONE (612) 559-2800 1ELSEA MEWS -ASSOCIATION @ PLYMOUTH, MINNESOTA 55447 June 5, 1989 Mayor Virgil Schneider City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Schneider: We in Chelsea Mews Association need your help. A tarred bike trail has been constructed in the Lundgren Bros. development called Steeplechase. This bike trail begins at the turnaround of .their Zanzibar Lane and ends at the edge of Chelsea Mews property on North Zanzibar Lane. Between where the trail ends and the street of Zanzibar there is a wooded hill. People from the Lundgren development side have worn a path through the wooded area to gain access to Zanzibar. The problem is that our homeowners on Zanzibar are very concerned that they will run over the bikers using the path. You can't see them until they are right in the street, and they are going too fast down the hill to stop. Chelsea Mews has never been consulted about the matter of the location of the trail or even formally advised that the trail exists. Chelsea Mews has no money reserved for completing such a trail. Besides, our Zanzibar homeowners do not want it located where it would be if it were simply extended. Considerable dollars would have to be spent to make it safe (hill cut down, trees removed, safety signs erected, etc.). Could you please forward this letter to the appropriate persons and ask that they contact me so we can figure out a course of action. F I don't even know if this is part of the City's trail system or not. All I know is that this is a potentially dangerous situation that requires some kind of corrective action. _ Thanks a lot for your help. Sincerely, Karen Fox, President Chelsea Mews Association cc: Lundgren Bros. Construction June 13, 1989 Laurie Rauenhorst City Clerk City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Ms. Rauenhorst: MINNESOTA SPEECH -LANGUAGE -HEARING ASSOCIATION P. 0. Box 26115 • St. Louis Park, MN 55426 612/935-5057 The Minnesota Speech -Language -Hearing Association greatly appreciated the use of the Council Chambers for our Executive Council meetings in 1987 and 1988. The facilities lend themselves well for groups such as ours that do not have permanent meeting space. We thank the City of Plymouth and its citizens for allowing us to meet in your facility. Sincerely, MN Speech -Language -Hearing -Association %Gfil•, GE'i� �%iCG•LCQ �'� Frances Laven Executive Secretary ,ane -Wohs Inferiors a' 11650 27th Ave., No. U Plymouth, MN 55441 (612) 557-9818 lo, /rte' Alt, All OV/ ,- �. LIZ w � • 4( 11 a T- rAi CD 0 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 15, 1989 TO: City Manager James G. Willis through Community Development Director Blair Tremere FROM: Building Official Joe Ryan SUBJECT: ILLEGAL FILLING/GRADING ACTIVITY - 5525 XENIUM LANE NORTH - GREGORY BEGIN The following represents an outline of the events which have occurred in the City's enforcement action of an illegal filling activity which has taken place at the above referenced property. While driving in to work on Thursday morning, June 8, 1989, I had noticed a road grader in operation on the Begin property. It appeared as though a new service road was being constructed. Upon arrival at City Hall, I instructed Building Inspector Arnie Rasmusson to investigate the matter and to issue a Stop Work Order to Mr. Begin if any grading or filling on his property was being performed. I advised Arnie that Mr. Begin had not obtained any permits from the City to perform such work. The site inspection performed by Arnie revealed that grading and filling activity occurring on the site. Arnie issued a Stop Work Order to an individual on the site and advised that person of the need to discontinue any further activity on the property. A reinspection later in -:-the morning by Mr. Rasmusson revealed the continuation of trucks depositing fill material onto the property. Later that afternoon, Police Officer Scott Streachek and I visited the site and issued Stop Work Orders to each driver entering onto the property and advise them that no further hauling was to occur. I then contacted City Attorney James Thomson and requested that his office proceed in initiating some form of immediate legal action against Mr. Begin to prevent any further activity from occurring. Mr. Thomson referred the matter to James Strommen. Mr. Strommen informed me that he would prepare for filing, a request for a temporary restraining order and a law suit against Mr. Begin for the activity which had occurred. On Friday, June 9, 1989 the orders were prepared and filed in the Hennepin County Courthouse. Mr. Strommen requested the assignment of a judge to hear 111 our request in obtaining the temporary restraining order. Three different judges were assigned, however, none were available to hear our case that day. On Monday, June 12, 1989 the hearing was set for 1:00 p.m. with Judge Gomez. The City of Plymouth was represented by James Strommen and myself and Greg Begin and Dan Ryerson (attorney) for Begin. Judge Gomez implied that she had reviewed the documentation provided from each side and that prior to taking any testimony she could not see how her or any other judge could r rain the City from enforcing its Codes and Ordinances in a matter such as this. She noted that the City had initially informed Mr. Begin on March 29, 1989 and repeatedly thereafter, of the requirements necessary to obtain the required permits which did not reveal any evidence of Mr. Begin making any attempt to file application materials for such permits. Mr. Ryerson explained that the reason his client had not filed such applications was due to the conditions the City would impose. Judge Gomez questioned Mr. Ryerson's assumptions of any potential conditions as no formal process had been initiated. Mr. Ryerson explained that the fill to be deposited on Mr. Begin's property was to replenish the depleting top soil material. Mr. Ryerson explained that the use of the property is agricultural in nature and that the provisions of the City Ordinance requiring a Conditional Use Permit would not apply. He further stated that any fill deposited on the site would be graded at the end of each day and that no stockpiling of material would occur. Mr. Strommen then testified on behalf of the City explaining that our concerns involve the possible filling around protected wetland areas, the possible damages which could occur on the City's public street due to the shear number and weight of vehicles utilizing the road as well as potential drainage problems which might occur on adjacent properties due to the location and amount of proposed fill. Judge Gomez awarded the City the temporary restraining order preventing Mr. Begin from accepting or allowing any deliveries of fill to this property, which also provide the City access to the property for the purpose of determining the location, type and extend of the fill already deposited. The judge also ordered a show cause hearing for July 3, 1989. It appears as though if Begin does not meet with the City in good faith regarding a Conditional Use Permit --and Grading Permit, the judge most likely will grant an injunction on a temporary or permanent basis. This would hopefully include a requirement to remd* a the fill already deposited. Once a copy of the temporary restraining order has been received, it is my intent to visit the Begin property and video tape that which has already occurred on the site. cc: File (bu/jr/begin:tw) 000 First Bank Place west Ainnespolis Ainnesots 55402 -elephone (612) 333-0543 ellecopier (612) 333�()W .. Dennis O'Brien ohn E. Drawz )avid J. Kennedy oseph E. Hamilton germ E. Purdue iichard J. Schieffer .ames J. Thomson, Jr. stomas R. Gah Maven B. Schmidt vhn G. Kressel Iames M. Strommen Villiam P. Jordan lfdliam R. Skallerud :ordne A. Heine )avid D. Beaudoin ;seven M. Tallen Aary Frances Skala eslie M. A tman imothy J. Pawlenty lolf A. Sponheim kilie A. Bergh )avid C. Roland 'aul D. Baertschi Vden Fritz Aark J. Gergen k>lie A. Lawler lariat J. Coleman itephen J. Bubul L David Reyes layton L. LeFevere, Retired 4erbert P. Lefler, Retired Le Fe ere L -flee Kenne(f O'Brien k lira%,,.. a Professional Association June 14, 1989 S:1 BY TELECOPIER Mr. Joe �11�vymougtct Chief Bufficial City of 3400 ymouth Boulevard Pl outh, MN 55447 Re: City of Plymouth v. Gregory Begin Dear Joe: 9 Fig n 1989 Enclosed is the Temporary Restraining Order and Order to Show Cause signed by Judge Gomez on June 12, 1989. The City can assume this Order has been served on Mr. Begin. Any City official entering on his property, as allowed in the Order, should have a copy of this Order with him or her. To recap, this Order prohibits Begin or anyone else on his property, from accepting any fill whatsoever, or carrying out grading activities in connection with any fill deposits. It also allows the City to determine the "location, type, and extent" of any fill that has already been deposited on the property on or after June 8, 1989. The City may enter Begin's property without his permis- sion, but I would recommend that you arrange a time with him. When inspecting, I strongly recommend photographs or, betteri.yet, a video. The City's injunctive complaint seeks removal of that material already deposited on the property in excess of 50 cubic yards. We will need strong documentary evidence to prove that the fill exceeds 50 cubic yards and was deposited on or after June 8. The judge has also ordered a Show Cause hearing for July 3, 1989 at 3:00 p.m. It is clear from the Order that the judge does not believe that any of Begin's existing arguments merit lifting the Temporary Restrain- ing Order. Thus, if Begin does not meet with the City in good faith regarding a conditional use permit and grading N June 14, 1989 Page 2 permit, the judge most likely will grant an injunction on a temporary or permanent basis. This would hopefully include a requirement to remove the fill already deposit- ed: There is no question that Judge Gomez sees the City as being completely within its rights in this case. All City officials involved with this case from its apparent beginning in March of 1989 should be commended for acting in a manner which the judge clearly believes was reason- able. The timely letters which fully stated the City's position, combined with Begin's complete lack of compli- ance, have persuaded the judge at this point. By the same token, the judge indicated that if she believes the City is imposing, or intends to impose, unreasonable conditions on Begin, the tide may turn. Any negotiations regarding permits for Begin must demonstrate good faith and reasonableness. If, however, Begin does not approach the City further on this matter, there is no reason to think he will not be permanently enjoined from allowing this or similar fill or grading activity on the property. Again, a job well done. Thank you for your support and assistance in this matter. I will contact you regarding any further developments. Very truly yours, LeFEVERE, LE LER, KENNEDY, O'BRI &"DRAWZ James M. Strommen 0066LT11.I34, Enclosure cc: Bair Tremere James Willis U N � � C>�,C�_ STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN _j ��1;; 12 �•i U2 FOURTH JUDICIAL DISTRICT City of Plymouth, a municipal; corporation, -�'-" ' TEMPORARY RESTRAINING ORDER AND ORDER TO Plaintiff, SHOW CAUSE VS. File No. MX 89-9395 Gregory Begin, Defendant. The above -entitled matter came on for hearing before the undersigned Judge of District Court on June 12, 1989, on plaintiff's motion for a temporary restraining order pursuant to Rule 65.01 of the Minnesota Rules of Civil Procedure. James M. Strommen appeared as counsel on behalf of plaintiff. Dan T. Ryerson appeared as counsel on behalf of defendant. Upon consideration of the Complaint, evidence produced at the hearing, and argument of counsel, it appears that it is probable that plaintiff will eventually succeed on the merits, that plaintiff will suffer immediate and irreperable harm, loss or damage if an Order is not issued, and that no substantial damage will be incurred by defendant if pllintiff's motion for a temporary order is granted. IT IS HEREBY ORDERED: 1. That defendant, his agents or employees, shall cease and desist all grading and the acceptance or allowance of any and all deliveries of any and all fill to his property described in the Complaint, made a part hereof. IN 2. That appropriate City officials shall have access to said property for the purpose of determining the location, type and extent. of fill already deposited on. the property on: and after June 8, 1989. IT IS FURTHER ORDERED that you, Gregory Begin, through such representative as you may choose, are to appear before this Court on the 3rd day of July, 1989, at 3:OOp.m. in Room C-1051 of the Hennepin County Government Center, Minneapolis, Minnesota, or as soon thereafter as counsel may be heard, and show cause, if any there be, why the Court should not issue a temporary injunction. IT IS FURTHER ORDERED that all responses shall be served and filed not later than five days prior to the scheduled hearing, exclusive of intervening Saturdays, Sundays and legal holidays; and that the Court may in its discretion disregard any response that is not timely filed. Dated: June 12, 1989 -2- BY THE COURT: Isabel Gomez Judge of District Court June 15, 1989 Marjorie Stangel 10540 - 43rd Avenue North Plymouth, MN 55442 SUBJECT: YOUR JUNE 3, 1989 LETTER Dear Ms. Stangel: The City Council has asked me to respond to your June 3 letter. In that letter you Identify various traffic problems in the area of 45th Avenue and Nathan Lane. You asked that a better lighting and traffic control system for the area be installed. Specifically you ask for a lower speed limit on Trenton Lane, better lights at the Intersection of Revere Lane and Trenton Lane and a stationary stop sign for people making a left turn onto 45th Avenue North. Let me respond to each of your concerns. 1. A street light is to be installed at the intersection of 45th Avenue North and Nathan_Lane. . 2. The purpose of a stop sign is to establish right-of-way, not to regulate traffic speed. If you wish to request a stop sign, you should write or contact Fred Moore, Director of Public Works. The letter should indicate the specific location(s) for stop signs and the reason for the request. Mr. Moore will review the request in accordance with the City Council's policy on such matters. I am attaching for your information a copy of that policy. Upon receipt of your letter, Mr. Moore will be able to respond to your request. 3. Additional street lights on Trenton Lane or 45th Avenue would be paid for by the Sagamore Condo Association. They need to request the installation of any additional lights- and agree to pay the monthly operating cost. You should contact your association to see if they will make a request to Mr. Moore. I hope that this letter res -pends to your concerns. Please contact me or Fred Moore if you have addit nal questions. Sincerel,ar% Frank&,�Ies Assistant City Manager FB:jm attachment cc, Fred Moore, Director of Public Works i 'ERVING: Anoka Anoka County Apple Valley Arden Hills Austin Blaine Bloomington Brooklyn Center Brooklyn Park Buffalo Burnsville Carver County Champlin Chanhassen Chaska Circle Pines Cokato Columbia Heights Coon Rapids Cottage Grove Dakota County Deephaven Delano Eagan Eder°. Prairie Edina Exoelslor Falcon Heights Farmington Fridley Golden Valley Hennepin County Hilltop Hopkins Inver Grove Heights Jordan Lake Elmo Lakeville Landfall Lauderdale Lexington Lino Lakes Little Canada Long Lake Mahtomedi Mankato Maplewood Mendota Heights Minneapolis Minneapolis Park Board State of Minnesota Minnetonka Mound Moundsview New Brighton New HoDe Newport North Mankato North St Paul Oak Park Heights Oakdale Orono Osseo Plymouth Prior Lake Ramsey County Richfield Robbinsdale Rockford Rosemount Roseville St Anthony St Louis Park St Michael St Paul St Paul Park St Peter Savage Scott County Shakopee Shoreview Shorewood South St Paul Spring Lake Park Spring Park Stillwater Tonka Bay United States Government Vadnais Heights Washington County Waverly Wayzata West St. Paul White Bear Lake Wright County United States June 14, 1989 Mayor.Virgil Schneider City of Plymouth 3400 Plymouth Road Plymouth, Minnesota 55447 Dear Mayor Schneider: Bench Corporation 3300 SNELLING MINNEAPOLIS, MINNESOTA 55406 AREA CODE 612/721-2525 C J N 161989 My brother Woody, my son Scott and I want to express our deepest appreciation to you and to the City Council for taking the time to hear our concerns and our input at the meetings in which we add- ressed the Council. With the growth of the City of Plymouth and all the attendant Coun- cil proceedings that goes with that development, and with the long agendas that constantly face the Council, we are especially grateful for the time given us. You can be assured we will respond in a conscientious effort to serve the City of Plymouth and its bus riders with the best of ser- vice. Please express our thanks to the other City Council members. Sincerely, Roland C. Danielson, President U. S. Bench 'Corporat ion RCD: me A PUBLIC SERVICE FOR OVER 40 YEARS WITHOUT COST j'O THE TAXPAYER