HomeMy WebLinkAboutCouncil Information Memorandum 04-08-1988CITY O"
PLYMOUTH -
CITY COUNCIL INFORMATIONAL MEMORANDUM
April 8, 1988
UPCOMING MEETINGS AND EVENTS.....
1. TOWN MEETING -- Monday, April 11, 7:00 p.m. Town Meeting for Area
10 residents. A copy of the Mayor's letter and agenda is attached.
(M-1)
2. BOARD OF ZONING -- Tuesday, April 12, 7:30 p.m. The Board of Zoning
Adjustments and Appeals will meet in the City Council Chambers.
Agenda attached. (M-2)
3. PLANNING COMMISSION -- Wednesday, April 13. The Planning Commission
Forum will begin at 7:15 p.m., with the Regular Planning Commission
meeting following at 7:30 p.m. Agenda attached. (M-3)
4. PARK & RECREATION ADVISORY COMMISSION -- Thursday, April 14,
7:30 p.m. The Park and Recreation Advisory Commission will meet in
the City Council Chambers. Agenda attached. (M-4)
5. APRIL & MAY CALENDARS -- Meeting calendars for April and May are
attached. M-5
FOR YOUR INFORMATION....
1. AWARD OF POLICE RESERVE BADGES -- To appropriately recognize and
launch the new Police Reserve Program, Dick Carlquist has planned a
brief badge awarding ceremony to take place at the April 11 Town
Meeting. In addition, Officer Mark Bevins will also be present to
receive a Public Safety Department commendation award for his
outstanding work in implementing the Reserve Program and for his
work with the Department's Police Explorer Program. A memorandum
from Dick Carlquist on the award ceremony is attached. (I-1)
2. APPELLATE COURT DECISION -- dim Thomson has provided the attached
Court of Appeals decision involving the City of Crystal. The issue
in the case was whether a developer can challenge a dedication
requirement after filing the plat with the County if the developer
had objected to the dedication requirement before both the Planning
Commission and City Council. The Court of Appeals concluded that
the developer was precluded from making such a challenge. (I-2)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL NENORANDUM
April 8, 1988
Page 2
3. PARKERS LAKE PAVILION - Bel Air Builder's, Inc., contractors for
this project, have gotten off to a good start. By the terms of
their contract, they have 150 construction days to complete the
work. They have provided Eric with a schedule which would indicate
a completion date by July 1, substantially in advance of that
deadline. Their schedule is aggressive, yet with diligence (and
good weather) appears to be doable. The projected completion date
would provide for the public having the opportunity of using the
facilities for a good portion of the 1988 summer season.
4. ST. MARY'S NEIGHBORHOOD PARK - PLAYGROUND APPARATUS - Councilmember
Vasiliou requested information on the type of equipment proposed to
be installed in this neighborhood park. Attached are three sheets
which indicate the types of apparatus proposed to be included. The
first sheet indicates the major play structure which would be
located in a rectangular area 48 x 60 feet. The second illustrates
a large swing set. The third sheet illustrates the smaller scale
apparatus for younger children. The consultant estimates that the
cost of this equipment installed will be approximately $29,000.
(I-4)
5. DISTRICT 281 & 284 COMMUNITY EDUCATION -- Attached is a report from
Mary Patterson on the City's Park and Recreation programming future
in relationship to District 281 and 284 Community Education. (I-5)
6. MINUTES:
a. Planning Commission, March 23, 1988. (I -6a)
b. Notes from the Joint City Council - PRAC meeting, April 4, 1988
(I -6b)
7. JUNK VEHICLES IN RESIDENTIAL AREAS -- Status reports from Community
Service Officer Dave Phillips on his investigation of junk vehicles
at numerous locations within the City are attached. (I-7)
8. 1988 STREET SWEEPING PROGRAM -- Sweeping of City streets began on
Monday, March 28 and will continue through the first week in May. A
report from Tom Vetsch on the 1988 program is attached. (I-8)
9. HENNEPIN PARKS TOUR -- Hennepin Parks will host a series of park
tours and information meetings for municipal officials, park and
recreation commissions, and city staff. The tour for the central
Hennepin area, which includes the French Regional Park and North
Hennepin Trail Corridor, is scheduled for May 25 from 5:00 to
7:00 p.m. Attached is a copy of a letter from Hennepin Parks Chair
Shirley Bonine providing further details on the sessions. Please
contact Laurie if you plan to attend. (I-9)
CITY COUNCIL INFORMATIONAL MEMORANDUM
April 8, 1988
Page 3
10. OF INTEREST...... The attached articles are provided for the
Council's information:
a. "Commercial property taxes rise in suburbs" - Plymouth Post,
March 31, 1988 I -10a
b. "Transport challenges" & "Focus on Infrastructure - Take a Look
Down the Road" I -10b
11. CORRESPONDENCE:
a. Letter from Glenn Olander-Quamme, 10750 - 55th Place No, to
Mayor Schneider, on the Harrison Hills Second Addition PUD and
development contract relating to recreational amenities.
(I -Ila)
b. Letter from Alan and Linda Ruppelt, 5525 Ximines Lane, to Mayor
Schneider, also on the Harrison Hills Second Addition PUD and
development contract. (I-llb)
c. Letters sent to Plymouth Homeowner Associations, and
commercial/industrial property owners and tenants, on the City's
revised police and fire false alarm ordinance. (I-llc)
d. Letter of appreciation from David Olson, President, Twin West
Chamber, to City Manager, for hosting the March "Community
Coffee Break." (I-lld)
e. Letter from Richard Setter, Police Chief, and Michael Sankey,
Captain, Minnetonka Police Department, commending Plymouth
Officer Scott Streachek. (I-lle)
f. Letter of congratulations to Craig Runnakko, 10440 - 49th Avenue
No., from Mayor Schneider, on attaining the rank of Eagle
Scout. (I-llf)
James G. Willis
City Manager
JGW:kec
attachments
March 29, 195tl
Dear Plymouth Resident:
SUBJECT: TOWN MEETING, APRIL 11
Because Plymouth is a developing community, there are many actions underway
or in the planning stage which could impact upon you. In order to maintain
open communication channels with residents of the community, the City
Council has scheduled a Town Meeting for Monday, April 11 for residents of
your area. In order to keep the meetings on an informal basis while dealing
with specific topics of interest to you, the Town Meeting will be for the
area shown on the map below including residents living south of 36th Avenue
North between the City's western boundary and Highway 101 including that
area lying south of County Road 6 and west of Dunkirk Lane (extended
southerly through Gleason Lake).
The Town Meeting is scheduled to begin at 7:00 p.m. in the Plymouth City
Center. On the reverse side of this letter is a list of topics for
discussion, at the Town Meeting. If you have other matters of interest we
will seek to address them also.
I encourage you to join Councilmembers Ricker, Vasiliou, Sisk, Zitur and
myself at 7:00 p.m., Monday, April 11 at the Plymouth City Center. We are
anxious to meet you and look forward to this opportunity to meeting
Informally to discuss matters of mutual interest. If you have any questions
about the Town Meeting, please feel free to call your City Clerk, Ms. Laurie
Brandt at 559-2800, ext. 204.
Sincerely,
.`
V rgil Schneider
Mayor
�-1
TOWN MEETING AGENDA
AREA TEN
April 11, 196
7:00 p.m.
I. CAPITAL IMPROVEMENTS
A. Construction of 494/County Road 6 Interchange
B. Stop lights 14th Avenue and County Road 101
C. Trunk Sanitary Sewer Extension
D. Highway 101 Water Tower
E. Inflow -Infiltration Program
F. Street Reconstruction Plans
II. PARKS
A. Parker's Lake Park/Pavilion
III. HOUSING & DEVELOPMENT
A. Coachman Trails
B. Dave Johnson Commercial Development
IV. PUBLIC SAFETY
A. Police/Fire Report
B. Neighborhood Watch Program
C. Proposed Fire Station No. 3
D. Animal Control
V. OTHFR TTFMS
A. Public Transportation feedback - Plymouth Metrolink
B. Local Government Access Cable Channel 37
C. Solid Waste Recycling Program
D. Sprinkling Restrictions
E. The Property Tax Pie
Board of Zoning Adjustments
and Appeals
Tuesday, April 12, 1988
2. ROLL CALL
3. APPROVAL OF MINUTES
4. OLD BUSINESS
WHIIZE: Plymouth City Center
3400 Plymouth Blvd.
Plymouth, MN
7:30 P.M.
March 8, 1988
A. Jerome Begin. Variance from the Shoreland Management setback and front
yard setback for property located at 5590 Juneau Lane North. (01-01-88).
5. C1IHER BUSINESS
PLAN14ING COMMISSION MEETING AGENDA
WEDNESDAY, APRIL 13, 1995
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 7:15 P.M.
1. CALL TO ORDER 7:30 P.M.
2. ROLL CALL
3.* CONSENT AGENDA
4.* APPROVAL OF MINUTES March 23, 1988
5. PUBLIC HEARINGS
A. Bradley Hoyt, Plymouth Partners. Revised Site Plan and Conditional Use Permit
to allow more than 50% gross floor area for office use in an industrial build-
inq located at 2645 Fernbrook Lane (88003)
B. Wally Anderson, ARADCO. Planned Unit Development Concept Plan, Comprehensive
Plan Amendments for property located east of 42nd Avenue North and Fernbrook
Lane (88015)
C. Ihor Panchenko. Preliminary Plat, Final Plat, Site Plan, Conditional Use
Permit and Variance for the construction of a Super 8 Motel at the northeast
corner of Highway 55 and I-494 (88017)
D. Richard Fyock, Prudential-Scanticon Conference Center. Conditional Use Permit
Amendment to allow extended membership to people employed within the
Industrial District in the Northwest Business at 3131 Campus Drive (88020)
E. Sussex Square Development Company. Preliminary Plat and Variances for "Shiloh
Ponds" for single family residential development west of 29th Avenue North and
Kimberly Lane (88025)
F. City of Plymouth. Land Use Guide Plan Amendment to reclassify from LA -1 (low
density residential) to LA -2 (low medium density residential) that is located
west of Schmidt Lake Rd and Saratoga Lane (88034) SEE ITEM NO. 7-A.
6. NEW BUSINESS
A. Richard Neslund. Site Plan for a building addition at 1113 Vicksburg Lane
(87082)
PLEASE SEE REVERSE SIDE
Side two
Planning Commission Agenda April 13, 1985
7. OLD BUSINESS
A. Sohn DeVries. Land Use Guide Plan ,Amendment to Reclassify approximately 40
acres from IP (planned industrial) to LA -2 (low medium density residential)
classification for property west of Schmidt Lake Road and Saratoga Lane
(88010)
8. OTHER BUSINESS
A. Policy on Building and Site Aesthetics
B. Continued Review of Ordinance Parking Standards
9. ADJOURNMENT 11:00 P.M.
Regular Meeting of the Park and Recreation Advisory Commission
April 14, 1988, 7:30 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations.
b. Staff.
c. Others.
4. Report on Past Council Action
a. Plymouth Creek Soccer Field - Approved
b. St. Mary's Plans and Specifications - Approved
5. Unfinished Business
a. Plymouth Creek Site Planning Update - George Watson
b. Park Usage/Cost Study Report Discussion
c. Parkers Lake Update
d. St. Mary's Neighborhood Park Update
e. Public Hearing to Amend Park Plan (set for May meeting)
f.
6. New Business
a. Request for Matching Funds - Greenwood/Oakwood PTA
b. Community Center - General Discussion
C.
d.
e.
7. Commission Presentation
8. Staff Communication
9. Adjournment
Next Meeting - May 12
Park Tour - May 19
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: Apr i 1 6. 1988
TO: James G. Willis - City Manager
FROM: Richard J. Carlquist - Public Safety Director
'/o
SUBJECT AWARDING OF POLICE RESERVE BADGES
In order to appropriately recognize and launch our new Police Reserve Program, I would
suggest that their badges be awarded to them publicly. The Town Meeting scheduled for
April 11. 1988 might be an opportune time for the Mayor and the rest of the Council -
members to participate in a brief badge ceremony.
There are four police reserves. Their names are Michael Goldstein. David Schmitz,
Janice Peterson, and Stephanie Sandeen. The first three named individuals reside in
Plymouth and Ms. Sandeen lives in Golden Valley. With the exception of Mr. Goldstein.
who is in his 3rd year at St. Thomas studying Law Enforcement, the other three persons
attended an auxiliary police school sponsored by the Hennepin County Sheriff. This
school started January 6th and continued every Wednesday until graduation on March
16th. I have included with this memo a copy of the courses that they completed.
I have also asked Officer Mark Bevins to be at the April 11th Town Meeting. Mark has
been totally responsible for the implementation and recruitment of volunteers for the
Police Reserve Program. He has done an outstanding job! Without his help, the City
would not have a Police Reserve Program this year. I am presenting Mark with the
commendation award for his outstanding work, not only with forming a new program such
as the Police Reserves, but for his ongoing participation and commitment to the Police
Explorers Post.
RJC:gs
Enclosure
January 6 7:00
7:30 - 8:30
8:30 - 10:00
January 13 7:00 - 10:00
January 20 7:00 - 8:30
8:30 - 10:00
January 27 7:00 - 10:00
February
3 7:00
- 10:00
bruary
10 7:00
- 10:00
(Jury
Assembly
Room)
February
17 7:00
- 8:30
March 9 7:00 -
8:30
- 10:00
February 24 7:00 - 8:00
AUXILIARY POLICE SCHOOL
1988 CURRICULUM
Introduction Deputy Rebecca Wade, HCSD
Role of Police Reserve Chief Earl Johnson, Hopkins P. I
Use of Force Sgt. Wm. Cunnington, HCSD
Law Enforcement: A Profile of David Duryee, HCSD
the Constitutional Dimensions
The Juvenile Justice System Judge Allen Oleisky
Searching
Domestic Abuse
Narcotics
Crisis Intervention/
Defensive Tactics
Report Writing
Functions of the Emergency
Squad
Emergency Preparedness
8:00 -
10:00
Sexual Assaults and
Child Abuse
March 2 7:00 -
8:30
Tour of Detention Center
8:30 -
10:00
Canine
March 9 7:00 -
10:00
Evidence Control, Crime
Scene and First Person on
Scene
March 16 7:00
- 9:00
Graduation and Social Hour
Hennepin County Juvenile Court
Sgt. Brian Tollin, HCADC
Det. Dep. Patty Jacques, HCADC
Douo Erickson
Hennepin WOst Intervention ProjE
Detective Eldon Fontana, HCSD
HCSD Detention Deputies:
Nancy Connelly & Ron Solheid
Sgt. Richard Esensten, HCSD
HCSD Emergency Squad
Charles Stevenson
Hennepin County Office of
Emergency Preparedness
Connie Bauman
Hennepin Cty. Attorney's Office
Detention Staff
Deputy Robert Kohls, HCSD
Lt. Kent Christianson, HCSD
April 11, 1988
Officer Mark Bevins
Plymouth Police Department
CITYO�
PUMOUTR
SUBJECT: DEPARTMENT COMMENDATION AWARD
Dear Mark:
It is my distinct pleasure to present you the Commendation Award for the out-
standing service you have given to the Plymouth Police Department. In particu-
lar, the many years that you have worked with the Department's Police Explorer
Program and your recent accomplishment of implementing the Department's first
Police Reserve Program are indeed outstanding and extraordinary achievements.
Your exemplary service is being recognized by presenting you with the second
highest award that a member of this Department may receive. I believe that it is
only fitting, proper, and appropriate that your recognition be given publicly in
front of the citizens you so admirably serve.
You have brought Great credit to this Department and yourself by contributing to
a more effective and efficient police service through the recruitment and
training of volunteers. Congratulations for your outstanding service to the City
of Plymouth!
nn cc/ere l y,
Richard J. C rlquist
Public Safety Director
RJC:gs
cc: James G. Willis - City Manager
Personnel File
34.0 'LYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
April 5, 1988
2000 Firs` Ban: R_-:-',',-_
M nneapoi s
Mr. James Willis
Minnesota 554"2
City of Plymouth
Teiephone (612 333-0�_
3400 Plymouth Boulevard
Te,ecopler (612! 333-05 -:
Plymouth, MN 55447
Clati-con L. LeFevere
Her°e-; P. Lefier
Re: Recent Appellate Court Decision
J. Dennis OBne^.
John E. Dra.:z
David J. Kennec,
Dear Jim:
Joseph E. Hamilton
John B. Dear,
Glenn E. Purdue
Enclosed for your information is a copy of a recent Court
Richard J.schieffe
of Appeals decision involving the City of Crystal. The
Charles L. LeFeve-_
issue in the case was whether a developer can challenge a
Herber, P. Lef:=- '
Jam—J Thor-,_
dedication, requirement after filing the plat with
Tnon_. - R Ga!-
Hennepin County if the Developer had objected to the
Dav!' "o''a`
dedication requirement before both the planning commis-
J,nr
�., .;.: S_.-. -
sion and the City Council. The Court of Appeals conclud-
ed that the developer was precluded from making such a
=� ==
challenge.
a F. stir:
Roone, D Anoe-s:-
The issue in the City of Crystal case is similar to the
that was raised b�7 Mr. Laukka in the lawsuit
7,,JJf
pertaining to Westridge Estates. The major difference
M-. Fra :Cc
was that in Westridae Estates the right-of-way for County
Cnns=rie,J ^a"':`
Road 9 had been deeded to the City simultaneously with
Timothy J. Pavvle-%-,
A spcnht,-.
the recording of the plat rather than dedicating the
JuL&A Be,q,
right-of-way in the plat itself. You will recall that we
Darcy L. Hltesma-
made a summary judgment motion on behalf of the City in
Dav;o C Roianc
Ka-er, A. Chemer!.
that case raising the same issue as the one in the City
Paul D. Baersc,.
of Crystal case. Judge Rogers denied our summary
judgment motion and the case was eventually settled.
I would be happy to discuss the case further with you if
you have any questions.
Sincerely yours,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
` Ja)nes J. Thomson, Jr.
0066LTO1.I34
Enclosure
cc: Fred Moore (w/enc.)
Blair Tremere (w/enc
'<_cf, I i '1
P0, 7 i 8Ja
CITY 0r Kymu 11-:1
;OF MINNfSOTP,
IN COURT OF APPEALS ;
--- CX-87-1860
Hennepin County Nierengarten, Judge
petitioner, Crystal Green, p Bradley J. GunnOlson, Gunn & Seran
Appellant, 315 Peavey Building
730 Second Avenue South
Minneapolis, MN 55402
VS.
City of Crystal, James J. Thomson, Jr.
LeFevere, Lefler, Kennedy,
Respondent. O'Brien & Drawz
2000 First Bank Place West
120 South Sixth Street
Minneapolis, MN 55402
League of Minnesota Cities
Thomas L. Grundhoefer
Attorney for Amicus Curiae
183 University Avenue East
St. Paul, MN 55101
Filed: March 29, 1988
Office of Appellate Courts
S Y L L A B U S
Absent a showing of duress or coercion on the part of the
municipality, a dedication requirement may not be challenged
after the plat is approved and filed.
Affirmed.
Heard, considered and decided by Nierengarten, Presiding
Judge, Sedgwick, Judge, and Forsberg, Judge.
O P I N I O N
NIERENGARTEN, Judge
Crystal Green partnership (Crystal Green) appeals from
summary judgment against it in its inverse condemnation action
against the City of Crystal (City). We affirm.
FACTS
In October 1983, Crystal Green purchased 15.6 acres of
undeveloped land adjacent to Highway 169 in Crystal for the
purposes of developing a subdivision. In 1984, Crystal Green
met with the city engineer to discuss the proposed subdivision.
Crystal Green was advised to contact the Minnesota Department of
Transportation (MnDOT) because MnDot planned to build a frontage
road. The city engineer advised Crystal Green that the City
would require it to dedicate the right-of-way as a condition of
plat approval.
At plat approval hearings Crystal Green objected to the
dedication requirement as an unconstitutional taking of the
property without compensation but agreed to dedicate the land
"under protest" and received final plat approval. Crystal
Green's president testified that he did not challenge the
dedication prior to plat approval because the seller, under the
1983 purchase agreement, would not wait, and he would be unable
to obtain financing without final plat approval. Before
contacting the City concerning its requirements Crystal Green
paid $5,000 in earnest money. The partnership incurred an
additional $20,000 in development costs with full knowledge of
the required dedication.
The final plat was filed with the Hennepin County Registrar
of Titles on January 7, 1985. Crystal Green sold all 49 lots to
a construction company at a profit, but alleges that the
dedication cost it five or six lots at approximately $18,000 per
lot, or $90,000 to $108,000-
2
Crystal Green applied for a writ of mandamus requiring the
City to institute condemnation proceedings for the taking of
Crystal Green's property. Summary judgment was granted to the
City and Crystal Green appeals.
ISSUE
May a developer who consented to a dedication requirement by
filing a plat containing the dedication, challenge the
dedication requirement after the plat has been approved and
filed?
ANALYSIS
Acting pursuant to statutory authority,l the City required
Crystal Green to dedicate a portion of the proposed subdivision
for future use as a frontage road in order to gain plat
approval. The municipality is limited to a "reasonable
portion." Collis v City of Bloomington, 310 Minn. 5, 17, 246
N.W.2d 19, 26 (1976). Crystal Green could have challenged the
reasonableness of the City's dedication requirement prior to the
filing of the final plat through various remedies including
mandamus, certiorari, injunction and the declaratory judgment
action. See Minn. Stat. § 462.361, subd. 1 (1984); Honn v.
City of Coon Rapids, 313 N.W.2d 409, 413 (Minn. 1981). Either
mandamus or adeclaratory judgment action would have been
appropriate remedies in this case.
1. "[R]egulations may require that a reasonable portion of
any proposed subdivision be dedicated to the public or preserved
for public use as streets, roads, sewers, electric, gas, and
water facilities, storm water drainage and holding areas or
ponds and similar utilities and improvements." Minn. Stat.
§ 462.358, subd. 2b (1984). 3
There is no material fact issue. Simply put, the legal
issue is whether Crystal Green may challenge the reasonableness
of the required dedication after it filed a plat including the
dedication. See Minn. R. Civ. P. 56.03; Betlach v. Wayzata
Condominium, 281 N.W.2d 328► 330 (Minn. 1979) (on appeal,
appellate courts must determine if there are issues of material
fact and whether the trial court erred in applying the law.)
Crystal Green argues that it was not economically feasible
to litigate the issue and wait to begin its project. However,
Crystal Green did not consult the City about possible dedication
requirements prior to payment of the $5,000 earnest money and
all the development expenses were incurred after Crystal Green
had knowledge of the dedication requirement. Thus, there is no
showing Crystal Green acted under duress or was coerced by the
City into complying with the dedication. See Sorensen v.
Coast -to -Coast Stores, Inc., 353 N.W.2d 666, 670 (Minn. Ct. App.
1984), pet for rev. denied (Minn. Nov. 7, 1984) (duress caused
by economic coercion may show absence of intent to release
claims). Any financial duress was of Crystal Green's own
making.
[T)he limitation of alternatives imposed by
one;;s own financial problems does not
constitute duress.
Bond v. Charlson, 374 N.W.2d 423, 428 (Minn. 1985).
If the dedication requirement were found unreasonable, the
City would have the option of removing or modifying its
requirement. On the other hand, if Crystal Green is permitted
4
to comply "under protest" and then ask for payment and the
requirement is determined to be unreasonable, the City has no
alternative but to pay since the dedication is irrevocable. See
Bartlett v Stalker Lake Sportsmen's Club, 283 Minn. 393, 397,
168 N.W.2d 356, 359 (1969).
Developers must challenge dedications prior to final plat
approval and registration in order to assure finality of
dedication, give municipalities an opportunity to change their
requirements if the requirements are unreasonable, and prevent
municipalities from being sued by developers when the only
remedy available to a losing municipality is payment.
D E C I S I O N
The record does not show the developer was coerced by the
municipality or that it acted under duress created by the
municipality. The developer may not challenge the dedication
requirement after the plat was approved and filed.
Affirmed. '00007
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CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 31, 1988
TO: Eric Blank
FROM: Mary Patterson %Ii'��
SUBJECT: PARK AND RECREATION'S FUTURE IN RELATIONSHIP TO DISTRICT 281 & 284
COMMUNITY EDUCATION
We relate to the community education departments in three major ways:
1. Competition for the same markets
2. As co-sponsors for events
3. Scheduling use of school facilities.
COMPETITION
In conversations with the community education staff that services the Plymouth
area, it is apparent that no major changes will occur in the programs that
they currently offer. Therefore, I expect that we will remain competitors in
the areas of adult exercise, adult trips, open gyms, and some youth
programming.
We will continue to meet with the community education staff to try to prevent
duplication of services and, therefore, competition for participation of the
same individuals as much as possible.
I have always viewed the competition from District 281 as being less crucial,
however, we did lose space at Pilgrim Lane Elementary to community education
programming in 1986 and 1987 because of their priority for space.
CO-SPONSORSHIP
We do not co-sponsor any events with District 281. I do not foresee this
happening in the future, mainly due to the fact that 281 relates to so many
other communities with strong park and recreation departments. I feel that if
we did co-sponsor with them, the event would probably also be co-sponsored
with the other communities involved with 281.
The major area of co-sponsorship with District 284 has been performing arts
events. With the establishment of an arts advisory commission, I would expect
this relationship to continue. I have also discussed the possibility of
cooperative efforts in programming for parents and children or junior/senior
high age groups with District 284 staff.
As you know, we have in the past been approached to consider the possibility
of joint programming in the aquatics area. At this time, 284 is adequately
staffed in that area, but if they lose their current staff people, they may be
interested in pursuing cooperation again. We currently meet with their staff
to ensure the compatibility of our lesson program and fees to theirs.
FACILITIES
With the continued growth of the population in the city of Plymouth, the
demand for use of park and school facilities will continue to grow.
District 281 has a very defined set of guidelines that are enforced fairly
consistently. We have had some problems with late cancellation of permitted
uses, 'but typically their scheduling is of high quality. Joyce Olson, who has
done their scheduling for a number of years, is currently very ill. If she is
not able to return to work, the scheduling process may be going through a
period of transition with the attendant problems.
Currently Rick uses Armstrong High School gymnasium one night a week. Next
fall when Armstrong houses four grades instead of three, that use may be cut
back because of higher school demand. It is possible that we may request the
use of the Armstrong tennis courts for tournament use, and in the future for
expanded lesson programs.
We have received some requests from 281 to do some maintenance on athletic
fields at the high school. I would expect as demand for field usage
increases, that that request may surface again. I also foresee that the high
usage of park facilities at Plymouth Jr. High will continue and perhaps
expand.
Our relationship with District 284 is somewhat stable. It would appear
doubtful that new facilities will be built in Plymouth within that school
district. The one area where our use may expand, other than outdoor
facilities, would be more facility use during the summer day time hours. An
effort has been made to use 281 facilities in the evening in the summer with
attendant supervision without success.
The permitting procedure with District 284 is less structured than 281. We
have more instances of late cancellations of permits, and double bookings. As
Jodi becomes more familiar with the new computerized permit system, it is
hopeful that these problems will lessen. The problem with the historical lack
of prioritization for groups using the facilities will continue, in my
opinion.
The high demand for facility use will be softened somewhat with the addition
of two new elementary schools in the District by the fall of 1989.
We are currently using Wayzata High School gymnasium one night a week. Rick
would like to see that use expanded, but is not hopeful that that will come
about. We currently use the tennis courts at the senior high for our tennis
lesson program. Some of the school district athletic fields are used by the
athletic associations.
There has been tentative interest expressed, on the part of the school
district, in the City building a full size baseball diamond that could be used
for high school baseball.
SUMMARY
I do not expect the relationship with either community education department to
change significantly within the near future. Both park and recreation and
community education are facing facility shortages, and we will continue to
work together to try to equitably and creatively solve the problem this
creates.
I firmly believe that residents are best served when agencies work together to
prevent duplication of services and to combine resources whenever possible.
Therefore, I will continue to work with community education departments
whenever feasible to co-sponsor events.
MP/np
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MARCH 23, 1988
The Regular Meetinq of the Plvmouth Dlannino Commission was
called to order at 7:30 P.!°1.
MEMBERS PRESENT: Chairman Pauba, Commissioners Zylla,
Marofsky and Tierney
MEMBERS ABSENT: Commissioners Wire, Stulherq and Plufka
STAFF PRESENT: Community Development Director
Blair Tremere
Assistant City Engineer John Sweeney
Planning Secretary Grace Wineman
*MINUTES
MOTION by Commissioner Marofsky, seconded by Commissioner
Tierney to approve the Minutes for March 9, 1998, as
submitted.
VOTE 3 Ayes. Commissioner Zylla abstained.
PUBLIC HEARINGS
Chairman Pauba announced that due to a time conflict, the
representative for John DeVries was goinq to be late and,
thus, the application would be heard later in this meeting.
Chairman Pauba introduced the request and an overview of the
March 14, 1988 staff report was provided by Director
Tremere.
Chairman Pauba introduced Mr. Kevin Von Riedel, McCombs,
Frank, Roos Associates, representing the petitioner. Mr.
Von Riedel introduced Mr. Bob Wachter., and explained the
background of this application; the unique topography; the
drainage situation; and, assured that this development will
be compatible with the surrounding neighborhoods.
Chairman Pauba opened the Public Hearing.
Mr. F. Eisenbauer, 3960 Orchid Lane, is concerned that
existing trees be retained for transition, and wants assur-
ance there will be no drainage runoff from this development
to the west. He inquired about completion dates and the
prices of the homes, near the Creekside of Plymouth
development.
-67-
I—�_,c,,,
MOTION TO APPROVE
VOTE - MOTION CARRIED
ROBERT WACHTER
DIMENSION DEVELOPMENT
RPUD CONCEPT PLAN
(88018)
Paqe 68
Planninq Commission Minutes
March 23, 1988
Mr. Scott Bratten, 14560 40th Place North, stated concern
with the extension of 39th Avenue ►forth. Vehicles from
Rockford Road and Fernbrook Lane could consider this
extension as a "short-cut" which would produce heavier traf-
fic in their residential neighborhood. Also, he is con-
cerned with the safety of the children who play near the
streets and in the park.
Chairman Pauba asked Engineer Sweeney if vehicles traveling
Fernbrook Lane or County Road 9, would be apt to use this
street extension as a short-cut. Engineer Sweeney said
this should not be the case; such a circuitous residential
route would not save time for a driver, nor would it he any
easier to access County Road 9/Rockford Road. He noted that
traffic signals will be installed at the intersection of
County Road 9 and Fernbrook Lane which will alleviate the
traffic problems people are seeinq at this time.
Director Tremere explained further that this street connec-
tion was planned prior to the development of the Cedar Ridge
development, and is meant to serve all these residential
neighborhoods. He agreed with Engineer Sweeney that people
would trend to not use this street for a short-cut.
Commissioner Marofsky pointed out that this street would
carry neighborhood traffic to "Downtown Plymouth" and to
access the major north/south and east/west roadways.
Ms. Patty Bratten, 14560 40th Place North, stated she is
more than aware of the heavy traffic on County Road 9 as it
backs their property; they would not use this street to get
to County Road 9 and she is very concerned about their
children's safety since they often play in the street.
Ms. Julie Howell, 3935 Harbor Lane, stated her opposition to
the extension of 39th Avenue North which would be detrimen-
tal to the safety of children living in Cedar Ridge. She
pointed out that the Cedar Ridge neighborhood would be at
the bottom of a hill which could be a problem during the
winter months. She inquired where construction traffic will
enter and exit for this new development; and whether it
would come through her neighborhood.
Director Tremere reiterated that the street connection is
meant to carry local traffic; he explained the City's trans-
portation plan.
Russ Thour, 14635 39th Avenue North, stated that the people
from the townhomes on the west would use this as a short-cut
and they believe this will pour too much traffic through
their neighborhood. He also stated concern with the drain-
I - 6, o,
Page 69
Planning Commission Minutes
March 23, 198
age from this development site and inquired ahoA the Swale
on the east side. He stated this has overflowed and caused
flooding in the past. He inquired whether the culvert would
be extended on through the park.
Engineer Sweeney explained that the drainage situation will
be reviewed thoroughly at the preliminary plat and plan
stage for this development. He stated that consulting
engineers have addressed this and that a larger culvert may
be needed, however, sizing and routing has not been deter-
mined at this time.
Director Tremere explained the Concept stage of development;
that this is a public informdtional hearing to allow people
to understand the type of development under consideration.
At the preliminary plat and plan stare, there is a Public
Hearing, property notices are sent; arid, more detailed plans
are prepared by the petitioner which includes the direction
provided by the Commission and Council.
Chairman Pauba explained that the Commission will make a
recommendation on the concept of development and are not
considering detailed development plans this evening.
Bruce Rand, 14515 39th Avenue North, stated he disagrees
with the comments made by the City that this street would
not be used as a short-cut, he believes this will occur. He
stated that when he purchased his lot, he was ]ed to believe
by a realtor and by the design that this street (39th
Avenue) would be a cul-de-sac. He is concerned about the
proposed grading of the higher elevations of this property
and the diminishing wildlife and natural topography.
He stated that an alternative to this the extension should
be pursued, including closing the access onto County Road 9.
Mr. Rand stated that the children in Cedar Ridge are 5 to 7
years of age, and have played in the streets since moving
there, and, have been able to come and go from the play
fields without fear for their safety. Residents access the
City Center area via 34th .Avenue and do not need the acces
via 39th Avenue.
Chairman Pauba stated the neighborhood concerns will be for-
warded to the City Council, and the developer's representa-
tive will be asked to answer questions.
Chairman Pauba closed the Public Hearing.
1- c"
Paqe 70
Planninq Commission Minutes
March 23, 1988
Mr. Kevin Von Riedel stated that at this time, the active
extent of the grading is not known, there will be some
cut and fill to prepare building pads, and it is a fact that
some wildlife will be displaced because of new development.
He stated that the drainage will be thoroughly reviewed
along with the grading plans. He explained the location of
catch basins and the pondinq areas.
Mr. Von Riedel explained the access for heavy equipment dur-
ing the construction phase would be to County Road 9, inter-
nal traffic would not occur until the Certificate of Occu-
pancy is issued for the first building. He noted that the
price range for the homes would be S95,000 - 120,000 for the
townhomes and $130,000 - $180,000 for the single family
homes. He estimates completion in two to three years.
Mr. Von Riedel stated they would maintain matched grading
and would retain the natural tree line. He explained the
method of erosion control. He noted that the existing
buildings on the site will be razed.
Further discussion ensued reqardinq the culverts and
pondinq.
Commissioner Z_vlla inquired about the issue on lot cover-
age. Mr. Von Riedel stated that with the lot size of 8,400
sq. ft., they would request a higher ratio of ground cover-
age. Director Tremere stated that if the developer proposes
lot coverage of treater than 20`k, they would be required to
show the specific lots chosen, and the City would review the
merit of the request based on the retention of natural
topography and vegetation. The City Council had given
direction that this issue would be a decision made during
later stages of development.
Commissioner Tierney asked about the trail location. Mr.
Von Riedel explained the access and location. Director
Tremere noted the requirement for paved trail.
MOTION by Commissioner Zylla, seconded by Commissioner NOTION TO APPROVE
Tierney to recommend approval for the Planned Unit Develop-
ment Concept Plan for Dimension Development, subject to the
conditions as listed in the March 14, 1988 staff report.
Commissioner Marofsky stated his concern with the layout of
the streets in this development; that they should be more
efficient and effective. He stated that the configuration
as proposed is too convoluted if intended as lateral
access. He explained the alternative of routinq 39th Avenue
to the south to 38th Avenue, which he believes would give a
better flow, and could cul-de-sac to the balance of the
homes.
Paqe 71
Planninq Commission Minutes
March 23, 198-,
Secondly, he is concerned about the recreational areas for
the project, 3.3 acres for the townhomes and 1.2 acres for
the 80 single family units, which seems to be all in ponds
and a small trailway. The homes to the north, on County
Road 9 have no open space or recreational areas adjacent to
them. It would seem a more efficient use would be to place
the townhomes, with more open space, along County Road 9.
He stated the proposal does not clearly meet two of the PUD
Criteria.
Commissioner Zvlla asked staff to discuss the open space
requirements and to explain why staff feels this plan meets
the PUD Criteria.
Director Tremere stated that, considering the topographical
features of this property, this development seems to respond
to the intent of the PUII Criteria. The plan would not
destroy the natural features of the site, and these natural
features also lead to the road configuration.
The designers are taking advantage of the open space and
park; the Commission must decide if there should be more
effective private open space, especially with the single
family homes. While staff believes the criteria have been
met overall, the Commission needs to give direction regard-
ing any reservations they may have on this development meet-
ing the planned Unit Development requirements. This is a
Concept Plan and it is appropriate to question these
aspects.
Commissioner Zylla said that this is a difficult site for
development and he will not second guess the street design.
The curvilinear streets make sense by accomplishing the de-
celeration of traffic through the residential neighborhood.
He believes the open space is adequate considering the
design and topography; to provide for further open space
would push the density below that allowed by the Guide
Plan. The location of the open space makes sense for this
layout and this is a good in -fill development plan.
Cmmissioner Marofsky inquired if the streets conform to the
City's street-naminq policy. Director Tremere answered
affirmatively. Commissioner Marofsky pointed out another
street layout which would produce more of a "loop" effect,
and which would have a lesser impact on the adjacent
neighborhood.
Roll Call Vote. 3 Ayes. Commissioner Marofsky, Nay. VOTE - NOTION CARRIED
MOTION carried.
Chairman Pauba introduced the request by John DeVries for a JOHN DEVRIES
Land Ilse Guide Plan Amendment. An overview of the March 11, LAND USE GUIDE PLAN
1988 staff report was provided by Director Tremere. He AMENDMENT (88010)
Page 72
Planninq Commission Minutes
March 23, 1985
explained the Schmidt Lake Road alignment, and the impor-
tance of the City's initiation of a Land Ilse ;uide Plan
Amendment for that land between the existing and future
right-of-way for Schmidt Lake Road.
Commissioner Marofsky confirmed that the land requested for
reguiding is 9.1 acres of the total approximate 40 acre
site.
Director Tremere further explained that an Environmental
Assessment Worksheet (EAW) would be prepared for the
construction of Schmidt Lake Road. With review of more de-
tailed plans during the platting process, access will become
more apparent. Coordination with land owners/developers is
needed as part of the public improvement hearings.
Chairman Pauba introduced Mr. Bob Smith, Hedlund Engineer-
ing, representing the petitioner. Mr. Smith pointed out the
wet lands and DNR protected wetlands which comprise 2/3 of
the site. He explained that industrial development would be
inappropriate for this land and the LA -2 guiding would pro-
vide for single family residential development that would be
more compatible with the surrounding neighborhoods. He
stated the request should be viewed as one to extend the
LA -2 guiding to the future Schmidt Lake Road within their
land; otherwise, it should go to the property lines, i.e.,
the areas where the future road is not within their land.
Chairman Pauba opened the Public Hearing.
Mr. Tom Hanziker, 10695 53rd Avenue North, stated his
questions had been answered by these presentations.
Mr. Craig Smith, 4880 Saratoga Lane North, stated he was
told by an employee of John DeVries, that this meeting had
been cancelled, because the petitioner was out of town. He
believes some residents did not come because of that.
Mr. Dale Rehkamp, 4865 Saratoga Lane North, stated concern
with the construction of Schmidt Lake Road. He inquired
about neighborhood access, he supports new residential
development but is seeking assurance that the existing
neighborhoods will have convenient access.
Charles Ekstrum, 10430 49th Avenue North, stated concern
that the new alignment brings the road through the wetland.
Because some residents were told this meeting was cancelled,
and because this is a major planning consideration for a
roadway through an environmentally sensitive area, he would
like all residents of the area made aware of this proposal.
Page 73
Planning Commission Minutes
March 23, 1995
Director Tremere and Mr. Smith explained the difference be-
tween the existing right-of-way and the proposed road align-
ment; also, the difference between legally protected wetland
and land which is wet or swampy. The City revised the
alignment of the road to minimize the impact upon the
protected wetland.
Mr. Thomas Stenoien, 10510 49th Avenue North, stated he is a
resident of Wildwings and is very concerned about the wet-
lands. He recommends the land be left in its natural
state. This type of natural area is in short supply and it
would not be appropriate to construct a road through here.
Chairman Pauba explained that private land owners have the
right to develop their land within the regulations of the
City. The Commission and Council share the same concerns as
the residents and want what is best for the City when
development occurs.
Bob Smith, Hedlund Engineering, stated that Schmidt Lake
Road is such a key issue to the residents and to the
development of this property; he provided a scenario or
concept of development for this land to give a better
understanding of the reguiding request.
Mr. Stenoien stated that it appears the proposed road
construction would require considerable fill and would be a
severe impact on the wet land. He stated he is concerned
that the map on the hearing notice was in error, as it
should show where the current right-of-way is along with the
proposed new alignment for Schmidt Lake Road.
Commissioner Marofsky discussed the approvals required from
the Department of Natural Resources and the Army Corps of
Engineers.
Mr. Rehkamp inquired about density. Mr. Bob Smith, Hedlund
Engineering, stated that there are 74 acres including the
wetland areas, and 74 homes are proposed. He explained a
possible lot layout.
Director Tremere reiterated that the application under
consideration is only for reguiding; specific development
plans are not part of this proposal.
Chairman Pauba closed the Public Hearing.
MOTION by Commissioner Marofsky, seconded by Commissioner
Tierney to defer recommendation, pending the City's NOTION TO DEFER
initiation for a Land Use Guide Plan Amendment for that land
between the and future right-of-way of Schmidt Lake Road and
Page 74
Planning Commission Minutes
March 23, 1988
this site, so all land north of the alignment would be
viewed similarly, with notification of all residents who
were sent notice of the hearing, as well as any others per
the new petition. This is in consideration of the apparent
confusion about this hearing and the need to have a clear
picture of the guiding in this area.
Bob Smith, Hedlund Engineering, stated they are prepared to
submit a preliminary plat and this deferral could cause
delay for the developer.
Commissioner Marofsky inquired if the preliminary plat could
be combined with the reguiding. Director Tremere stated
they could submit informal plans for review, but these could
not be formally processed until the City Council takes
action on the reguiding application.
Director Tremere explained the process for a public improve-
ment project. He explained the importance of initiating the
supplemental requiding request. He stated that when notice
is sent, it will include a graphic clearly showing the road
right-of-way; however, the purpose of the meetinq is not to
debate the construction of Schmidt Lake Road, that can and
will be discussed later.
Roll Call Vote. 3 Ayes. Commissioner Zylla, Nay. MOTION
carried.
NEW BUSINESS
Chairman Pauba introduced the request and readinq of the
March 14, 1988 staff report was waived.
Commissioner Marofsky inquired if there is a trail to the
outlot north of Medina Road, and whether this would be
through the Fire Station property. He asked about the
lighting plan; and, when Medina Road is constructed, would
the access to Dunkirk Lane be closed.
Director Tremere stated the access to Dunkirk Lane would be
closed once there is access to Medina Road; and, that if a
trail were required to the outlot, it could cross the fire
station property.
MOTION by Chairman Pauba, seconded by Commissioner Zylla to
recommend approval for the Site Plan for Fire Station III,
subject to the conditions as stated in the March 14, 1988
staff report.
MOTION by Commissioner Marofsky, seconded by Commissioner
Zylla to Amend the Motion by adding Condition No. 11: The
access to Dunkirk Lane will be closed when the extension of
Medina Road is completed.
J - �L c",
VOTE - NOTION CARRIED
CITY OF PLYMOUTH
SITE PLAN FOR
CITY FIRE STATION
III (88012)
MOTION TO APPROVE
MOTION TO AMEND
Page Page 75
Planning Commission Minutes
March 23, 1995+
MOTION by Commissioner Zylla, seconded by Commissioner
Marofsky to Amend the Motion by adding Condition No. 12.
The exterior materials for the Fire Station buildinq will be
brick and qlass.
Vote. 4 Ayes. MOTION carried.
VOTE on the Main Motion as twice amended. 4 Ayes. MOTION
carried.
OLD BUSINESS and
OTHER BUSINESS
Director Tremere advised that the Commission will be receiv-
ing follow-up information regarding the possible revisions
to the Zoning Ordinance parking standards. A meeting in
April is contemplated for the continuation of the Public
Hearing.
The Commission and Director Tremere discussed a meeting in
April to submit the statement of direction to the City
Council regarding the Community-based residential care
facilities studv.
ADJOURNMENT
The meeting adjourned at 10:00 P.M.
NOTION TO AMEND
VOTE ON AMENDMENT
NOTION CARRIED
VOTE - MAIN NOTION
MOTION CARRIED
JOINT CITY COUNCIL - PRAC MEETING TO DISCUSS COMMUNITY CENTER
The Council and PRAC had a good discussion on the background history of the
community center and concluded that the 1984 plan prepared by BRW, should be
reviewed, analyzed and updated. The updating should include an examination
of trends and/or changes in leisure time opportunities for our citizens, as
well as the need for such facilities in our community.
The Council discussed the objective of seeking to recover as much direct
operating costs as possible, and concluded that we should develop a plan
which would recover 80 to 85 percent of such costs. It is recognized that
any facility must be appropriately operated and maintained so as to protect
the public's investment in it. The Council also noted that any program of
facility needs must be balanced against the community's capacity to pay for
such a facility, both in terms of initial capital costs as well as ongoing
operating costs.
It was noted that Brauer and Associates is currently updating the Plymouth
Creek park master plan, and that the community center is one component of
that overall park. Based upon the previous Council decision, the community
center is to be located in the area adjacent to Plymouth Boulevard north of
the present Plymouth City Center, but avoiding as much of the woods as
possible. It may also involve the "Theme Center" site which the First Bank
System has indicated an interest in selling to the City.
It is recognized that the community center and the park must be planned so
as they appropriately fit together and compliment one another. The staff
and PRAC will now proceed to carry out the direction of the Council and
report back to the Council as soon as they have completed a thorough review.
DATE:
TO:
FROM:
SUBJECT
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
March 9, 1988 MEMO
Community Services Officers through Larry Rogers, Sergeant
Frank Boyles, Assistant City Manger
JUNK VEHICLES AND TRUCKS IN RESIDENTIAL ZONES
I-'7
I have two separate concerns I would like the Community Service Officers to
investigate:
1. 5140 Zachary Lane - There are a substantial number of vehicles and
equipment accumulating at this property. Could the CSO's inspect
to determine whether the vehicles are considered junk under the
ordinance and take the appropriate actions to deal with the
renters.
2. 36th & Wellington Lane - There are two trucks parked in the
driveway at the house located in the northwest quadrant of the
intersection of Wellington Lane and 36th Avenue North. Please
check the truck size to determine whether is prohibited by the
zoning ordinance. You may obtain a copy of the zoning ordinance
from Grace Wineman if you do not already have one.
Please provide me with reports on your findings by March 18.
FB:kec
cc: Mayor and City Council
S.F. 3/18/88
DATE: March 24, 1988
TO: Frank Boyles, Assistant City Manager
FROM: Sgt. Rogers, Administrative Services
SUBJECT: Junk Vehicles In Residential Areas
In response to your suspense file deadline date, 3/18/88
concerning:
1. 5140 Zacharcy Lane - There are five seperate individuals
renting living space in this residence. Apparently, each
person has a junked car on the property. One was cited
recently and failed to remove a truck body by the dead-
line. Currently, we will be citing all the renting sub-
jects. Then, a 10 day abatement notice will be sent to
the individuals, as well as Jan Bloom the property manager.
The vehicles will be removed by the City and disposed of
according to the conditions of our towing contract, if the
abatement deadline is not met.
2. 4605 Wellington - One 26,000 lb gross weight dump truck
is parked on an especially prepared parking apron of the
residence. The off street parking of the truck is in
clear violaton of Section 10, Subd., B, Para 4 of the
Zoning ordinance. The vehicle owner will be given a 10
day abatement notice on 3/25/88. Compliance is anticipated.
3. 12100 -26th - Leon Percy Own, the owner of the residence,
will receive another citation for the two junked vehicles
on this property and be given a 5 day abatement notice.
The vehicles will be removed by the City and disposed of
according to the conditions of the towing contract, if the
abatement deadline is not met. The home on this property
is scheduled for demolition by the Building Department.
4. Community Service Officer David Phillips is handling all
three details. He is working the 5:00 PM to 3:00 AM
shift. In my absence, please direct any communications
to him concerning these matters and copy me.
cc: Chief Carlquist
Lt. Solberg
CSO Phillips
L-7
CITY OF PLYMOUTH o ��
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800✓u�
MEMO
DATE: 4-4-88
TO: Sgt Rogers
FROM: Phi 11 i ps #62�
SUBJECT Nuisance Case Update - Good News File
I. 12100 26th Ave, Leon Owen: All three junk vehicles have been removed
from the property presumably by Mr. Owen. Owen was given until 4-2-88
to remove cars and upon my re -inspection, MV's were done.
Case Cleared
II.3605 Wellington: Overweight Truck. On this date I drove by the residence
and observed that the 25000 lb GW truck has been moved- Property owner
has been very cooperative .
Case Cleared
III.1510 Glacier Ln, John Joseph Fuller: All vehicles currently on the
property are licensed and operable. Complaints which will come in now
will relate to quantity of vehicles in the driveway, however, there is
nothing more we can do.
Case Cleared (for now)
IV. 5140 Zachary Ln, Shawn Waste et al: All vehicles on the property are
licensed and operable- I will continue to monitor this residence as thinas
could change quickly, almost daily. Again, complaints about this address
will relate to quantity of vehicles on the property.
Case Cleared (for now)
V. 5000 block Holly Ln. You will be receiving a complaint from Administration
of garbage and general nuisance conditions existing at a residence in
this area. This complaint originates from one of Bob Zitur's constituants.
I will be following up on this case on 4-6-88.
Pending
0(� )6
?, la
'e IVI -t/i
r.l
�n �
MEMO
`v CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: March 30, 1988
TO: Jim Kolstad, Public Works Superintendent
FROM: Tom Vetsch, Street Supervisor
SUBJECT: 1988 SPRING SWEEPING PROGRAM
On Monday, March 28, 1988, the Street Division started
sweeping the City with two brooms from Allied Blacktop Co.
First to be swept were areas of high visibility and heavy
pedestrian and vehicular traffic, such as Quality Inn,
Scantican, City Hall and McDonalds to name a few.
On Monday April 4, 1988 I will be getting two additional
brooms. We will operate with four brooms, working ten hours a
day Monday through Thursday. At this time we will be on
residential streets working through the City in a systematic
manner.
I anticipate the program to take 20 working days, finishing on
or about May 5, 1988.
I am expecting to sweep up approximately 2750 cubic yards of
debris. This equates to 500 single axle truck loads.
TV:cr
I
i
HENNEPIN
PARKS
Suburban Hennepin
Regional Park District
12615 County Road 9
P.O. Box 41320
Plymouth, MN 55441
Telephone (612) 559-9000
Board of Commissioners
Shirley A Bonlne
Chair
Maple Plain
Nicholas Eoloff
Vice Chair
Brooklyn Center
Judlth S. Anderson
Bloomington
David J. Dombrowski
St. Louis Park
Robert L. Ellingson
Brooklyn Center
Mona H. Moede
Golden Vaney
Nell Weber
Mound
Douglas F. Bryant
Acting Superintendent
& Secretary to the
Board
c
l
March 31, 1988
Mr. James G. Willis, City Manager
City Of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Willis:
Hennepin Parks has scheduled a series of five park tours and
informational meetings for municipal officials, including
mayors, city council members, city managers, park and
recreation commissions, and city staff.
The purpose of these sessions is to (a) foster and maintain
close relationships with suburban Hennepin municipalities,
(b) facilitate informal opportunities for discussions, and
(c) provide information to local officials regarding Hennepin
Parks activities, facilities, and programs.
The schedule is attached, including meeting dates/times, host
parks, and assigned municipalities. Communities who wish to
attend more than one session or prefer to attend meetings other
than assigned may do so.
A light supper will be provided and, accordingly, we are asking
that participating cities RSVP by calling the Hennepin Parks
Superintendent's Office at 559-6774.
The Hennepin Parks Board of Commissioners looks forward to this
opportunity to meet with the suburban Hennepin municipalities,
and we trust that you and other officials from your city will
be able to attend the scheduled park tours and informational
meetings.
Sincerely,
D%U44
Shirley A. Bonine, Chair
SAB:ghd
Attachment
MEETING DATE/TIME
1. Suburban North
Wednesday
April 27, 1988
5:00 to 7:00 p.m.
2. Suburban West
Wednesday
May 4, 1988
5:00 to 7:00 p.m
3. Lake Minnetonka
Wednesday
May 18, 1988
5:00 to 7:00 p.m.
4. Central Hennepin
Wednesday
May 25, 1988
5:00 to 7:00 p.m.
5. Suburban South
Wednesday
June 1, 1988
5:00 to 7:00 p.m.
0
HENNEPIN PARKS
SPRING PARK TOURS
HOST PARK(s)
Tour Elm Creek, discuss
No. Hennepin Regional Trail
Corridor, Coon Rapids Dam
Reg. Park. Session starts
at Elm Creek Trailhead at
5:00 P.M.
Tour Baker Park Reserve
and discuss Lake Rebecca.
Session starts at Baker Golf
Course Clubhouse at 5:00 p.m.
Tour Noerenberg Memorial
County Park and discuss
other park projects.
Session starts at the
Garden Center at 5:00 p.m.
Tour French Regional Park
and discuss North Hennepin
Trail Corridor: French Park
to Theodore Wirth Park.
Session starts at Hennepin
Parks HQ at 5:00 p.m.
Tour Hyland Lake Park
Reserve and discuss Bryant
Lake Regional Park. Session
starts at Hyland Outdoor
Recreation Center at 5:00 p.m.
ASSIGNED MUNICIPALITIES
Brooklyn Center, Brooklyn
Park, Osseo, Champlin, Dayton,
Maple Grove, Rogers, Hanover,
Hassen and Rockford
Corcoran, Greenfield, Loretto,
Independence, Maple Plain,
and Medina
Wayzata, Long Lake, Orono,
Minnetonka Beach, Spring Park,
Mound, Minnetrista, Shorewood
St. Bonafacious, Tonka Bay
Excelsior, Greenwood,
Deephaven, Chanhassen and
Woodland
Minnetonka, Hopkins, New
Hope, Plymouth, Crystal,
St. Louis Park, Golden
Valley, Robbinsdale, Medicine
Lake and St. Anthony
Edina, Richfield,
Bloomington, Fort Snelling
and Eden Prairie
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Page 16
Transport
challenges
NEEDS INCLUDE CASH,
TRAVEL ALTERNATIVES
by Leonard W. Levine
e in Minnesota take pride in
our high quality of life, in the
emphasis we- place on education, in our
medical and high-tech leadership, and in the
economic growth we are experiencing. We
are ready to take on the challenges of the
1990s and beyond. Gov. Perpich believes, as
I do, that a first-class transportation system is
a key to fulfilling our state's promise for the
future.
A good transportation system is vital to the
economic growth of Minnesota. Our trans-
portation system connects farms and markets.
It provides access to rural communities,
enhances tourism and eases the movement of
people and goods around the state.
Major improvements in our aging trans-
portation infrastructure are necessary to
allow us to successfully compete with other
states for economic development. We must
do all we can to preserve our existing
transportation system. We must move ahead
with major reconstruction of our highways
and bridges where that is needed. We must
serve our citizens with modern transit. We
must reduce traffic congestion in urban areas
and improve highway safety.
Minnesota traditionally has had a strong
commitment to good transportation. This
commitment has served the state well in
terms of increasing economic accessibility to
national markets, in spite of the state's
somewhat remote location. Our continued
ability to compete for economic growth is
dependent on maintaining a competitive edge
to the transportation arena.
Focus ON
INFRASTRUCTURE
Meeting the Challenges
The direction the national transportation
program takes in the future is likely to have
a serious effect on federal funding to Min-
nesota. I believe that federal legislation
similar to that now in place provides the best
model for transportation infrastructure re-
newal and improvement. New federal trans-
portation infrastructure legislation must pre-
serve the federal -state -local partnership con-
cept embodied in existing legislation.
It has been demonstrated that user -orien-
ted, dedicated funding sources at the state and
federal levels are essential to long-range
transportation improvement planning. At-
tempts to divert funding support from ex-
isting user -supported transportation trust
funds would be destructive to the nation's
transportation infrastructure.
Here's an outline of some of the approaches
I believe tweed to be taken to meet transporta-
tion challenges facing us in Minnesota.
Recent work by the Metropolitan Council
shows that personal travel in the Twin Cities
area will increase significantly between now
and the year 2010. en �a-n2010,metro area ulation is ex a25percent. ouse o
employment by 41 psn&nt_
From 1972 to 1984, segments of highways
in the metropolitan area experiencing severe
congestions increased from 24 to 72 miles, in
addition, another 60 miles also are shaving
some degree of congestions. This worsening
of traffic conditions is occurring in spite of the
51k4ections show
that no amount of new
construction or addi-
tional lanes can solve
urban congestion.
W that 59 miles of freeways and expressways
were built between 1972 and 1984.
The increasing demand is consuming the
excess capacity the region has enjoyed for a
number of years. Vehicle occupancy con-
tinues to fall, which also puts more demand
on the system.
Projections show that no amount of new
roar constnrc ion ora tiro ares can
is Ic-y _ o so ve-Vs�urb�r-
congestions problem read - ilternatives io
a tt�to—ia construction will have to be iden-
tified. A number of related actions will be
needed to reduce the problem. Some of these
actions might include:
x • Increased transit services on congested
corridors.
• High -occupancy vehicle (HOV) lanes to
provide an incentive to ride buses and par-
trcipatc in car and van fxxwls.
7, • Metering of on -ramps and exclusive
bypasses of these meters for high -occupancy
vehicles and buses.
• Rapid response to remove accidents and
stalls.
`a( • Staggered work hours.
• Shifting road construction and
maintenance to off-peak hours.
It's my view that an effective solution to
urban congestion will be based on a "fami-
ly of vehicles" concept. The family may in-
clude the private auto, vans, buses and light
rail transit (LRY).
A LRr system offers a partial answer to our
urban traffic problems. It doesn't provide the
whole solution, but LRT very definitely
should play an important role in meeting our
people -moving needs in the Twin Cities
metro area.
A major emphasis must be put on reducing
the number of single -occupant vehicles in the
metro area, especially during peak periods.
This meals that the definition of transit must
be broadened to include car Ixx)ls, van pools,
dial -a -ride, subscription buses and other
multi -occupant vehicles.
Metering freeway entrances, providing
HOV lanes and other strategies to speed travel
for those willing to share rides are important
ways to realize the full potential that transit
and ridesharing have for reducing urban
congestion.
Another example of what can be done to
l -1C
March 28, 19M
alleviate congestions with a very minimum
investment is the Highway Helper program,
which MnDOT began on Dec. 1, 1987. Three
green pickup trucks, driven by MnDOT
maintenance workers, are equipped with
special push bumpers, lights and a variety of
other equipment. The atm of this pilot pro -
grain on 1-94,1-35W and 1-35E in the Twin
Cities area is to minimize dis,iptio,u in rush-
hour traffic by coming to the aid of vehicles
that interrupt the flow of normal traffic. In the
first two months of operation it provided
assistance to mote than 1500 motorists.
The important thing to remember is that we
have an aging road and bridge system with
substantial rehabilitation and repair steeds.
This aging system will be called upon to carry
heavier loads and more traffic. Both in-
novative system management procedures and
major, expensive improvements will be
necessary to meet our future transportation
requirements.
Tl wmWrtation binancing
While low-cost, effective approaches pro-
vide a very real opportunity to help meet the
challenges of change that we face, enhanced
transportation funding is also essential.
The traditional mearts of financing trans-
portation projects are no longer adequate to
meet the present needs and those of the years
ahead. Public and private sector cooperation
in both the financing and planning of trans-
portation improvements can be a major fac-
tor in meeting these needs. Cooperative
financing can be an arrangement whereby
private land developers or land owners share
the costs of new development or an improve-
ment, or it can be an arrangement where the
local government V-ticipates funding impor-
tant local transportation projects.
In order to advance the concept of public-
private cooperation in financing and plann-
ing, efforts must be made to convince both
the general public and the private sector that
such a joint undertaking will be good
business for all.
Each major corridor in the metropolitan
area has.different demographic and travel
characteristics requiring a mix of transit,
para -transit and highway solutions.
Major new developments in the metropol-
itan area are likely to create travel demands
far in excess of the current or presently plan-
ned system capacity.
I want to emphasize the overriding impor-
tance of planning and coordination as we con-
sider the many partial solutions to the trans-
portation problems that face us. This plan-
ning and coordination must involve multiple
government levels and also the private sector.
Finally, we must convey this information to
public and private decision makers and to the
public at large. An informed citizenry is
necessary if we are to meet our future
transporation needs.
Leonard W. Levine is ahem commu-
stonerofthe Minnesota D"ritnemt
of Transportaion.
6
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Glenn Olander-Quamme
10750 55th Place North
Plymouth, MN 55442
Home: 553-0081
Work: 347-8008
The Honorable Virgil Schneider
Mayor of the City of Plymouth
City Hall
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Harrison Hills Second Addition; Developer's
Obligation to Install Recreational Amenities
Dear Mr. Mayor:
As you know, I am the President of Harrison Hills
Second Addition Owners' Association. However, for reasons
which will become clear, I am writing this letter in my
individual capacity as a resident, not as a representative of
the Association.
On March 30, 1988, I presided at an emotionally
charged and sharply divided special meeting of the
Association's membership. At that meeting, a slim majority
of those present voted in favor of two motions which, in
combination, have the effect of encouraging the developer to
eliminate essentially all of the recreational amenities
(pathways, picnic facilities, playground equipment)
contemplated by the PUD and the Development Contract.*
* The members considered six pathway options,
representing a spectrum from option 1 (essentially the
original PUD plan) to option 4 (no paths other than one short
path in the picnic area). The final choice was between
option 3B (a somewhat smaller path system than shown on the
PUD) and option 4 (no paths). The final vote required two
ballots. The first resulted in a 27/27 tie. On the second,
option 4 prevailed 28 to 26.
With respect to recreation amenities other than
paths (e.g., picnic tables, playground equipment), the
members considered 3 options. Option A tracked the PUD and
would have split these amenities between the play area and
the picnic area. Option B would have located all of these
amenities in the picnic area. Option C, which was introduced
from the floor, endorsed a proposal whereby the developer
would eliminate these amenities. The final selection was
between options B and C. Option C (no amenities) prevailed
on a 20 to 16 vote.
The Honorable Virgil Schneider
April 4, 1988
Page 2
It is my understanding that the City intends to
press the developer to complete the recreational amenities in
accordance with the PUD and the Development Contract. I
would urge the City to apply that pressure now. By doing so,
the City will in effect require the Association to "fish or
cut bait" on a potential PUD amendment. This, in turn, will
tend to direct the debate through appropriate legal channels.
As you have probably guessed, I find the official
position of the Association repugnant. And I can assure you
that my opinion is shared by a sizable minority of the
residents.
Given the inherent and deep-seated conflict between
my personal opinion and the Association's official position,
I will not be representing the Association in connection with
these matters. I anticipate that Paul Franke, one of the
members of our Board of Directors, will be given that
responsibility. I will continue to represent the Association
on other matters.
Thank you again for your kind cooperation in this
matter.
Very
GOQ/j r
cc: Mr. Blair Tremere
Mr. Al Cottingham
Chair, Planning Commission
Mr. Roger Koch
Mr. Jody Bystrom
Mr. Brian Virgin
Mr. Paul Franke
Ms. Barb Aldrich
Ms. Fran Pitkanen
Ms. Meridee Johnson
GOQL.421
ALAN AND LINDA RUPPEL1
5525 XIMINES LANE NORTH
PLYMOUTH. MINNESOTA 5544 -
April 5, 1988
Mayor Virgil Schneider
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mayor Schneider:
As residents of Harrison Hills, we would like to thank
you for taking the time to attend the March 30th meeting of
the Harrison Hills Second Addition Owners' Association. As
you are aware. the common area improvements in our
neighborhood is a very controversial topic.
The end result of our Association meeting was a
majority vote AGAINST all proposed common area improvements,
including walkways. tot lots, and picnic areas.
You have indicated that it is the position of the City
of Plymouth to proceed with the common area improvements
regardless of the opinion of the individual residents or the
majority holding of the Owners' Association. We find this
to be a very untenable position and want to point out some
things we feel should be considered in the analysis process.
Since the common area improvements were not completed
before most of the lots were sold, the marketing process of
the lots was open to deception, lies, and miscommunication
concerning the proposed common area improvements. Not only
were the developer, builders, and realtors involved. but
there are instances of the City of Plymouth personnel giving
out wrong information on the topic. Ironically, many of the
residents whose property is most directly affected by the
proposed improvements were not told the full truth in the
marketing process.
The proposed walkway system circles a protected
wet,:.nds area. The proper permits from the DNR were
evidently not obtained. When the developer began to
construct a part of the walkway in April of 1987, Judy
Boudreau (area hydrologist with the DNR) was called to the
scene and indicated that a portion of the proposed walkway
would need to be relocated so as to adequately protect the
wetlands area. Since part of the proposed walkway has now
been relocated (to be much closer to residents' property
lines), we have residents who purchased property under a
disclosed set of material facts that have now changed.
Since the DNR permits were evidently not obtained, we
question whether the City has given proper consideration to
the Minnesota Environmental Rights Act, environmental impact
study, and environmental assessment worksheet completion. A
significant part of the proposed walkway does not appear to _
be able to be constructed in a permanent manner without
doing substantial damage to the environment.
You indicated that there are no specifications for the
proposed improvements and that City engineering staff
participation in the construction process would be minimal
at best. Consequently, the City is forcing improvements on
the residents, but offering no protection on the
construction process. Also, the full cost of maintenance
rests with the property owners. Given the developer's track
record, many residents are not ready to trust the ethical
completion of these improvements.
Given the location of the proposed walkway system as
compared to other systems nearby, what you refer to as a
"private" walkway system will in reality be a "public"
walkway system inviting litter, vandalism, and unauthorized
usage.
A number of Harrison Hills property owners are seeking
legal advice on these issues and most likely will be seeking
redress from the developer and/or City for the negative
impacts of the proposed improvements. Considering the way
this situation has been mishandled, the current aggressive
attitude of the City is hard to understand.
You admit that the City has errored in the way these
common area improvements were handled in Harrison Hills. We
fail to understand why the City is electing to make a bad
situation even worse by requiring the very "improvements" a
majority of the residents have openly indicated they do not
want.
Again, we appreciate the time you took to share your
views with us at our March 30th meeting.
Sincerely,
Alan andinda Ruppelt
cc: Blair Tremere
David E. Peterson
Plymouth Commercial/Industrial Property Owners and Tenants
SUBJECT: NEW POLICE AND FIRE FALSE ALARM ORDINANCE EFFECTIVE JANUARY 1,
1989
Dear Commercial/Industrial Property Owner or Tenant:
To curb the ever-increasing number of false alarms, the City Council has
adopted a revised ordinance effective January 1, 1989. The revised
ordinance provides that:
1. Each owner of an intrusion alarm for fire alarm system is required
by the new ordinance to annually register their alarm system with
the Public Safety Department. During 1988, registration is FREE
if accomplished between July 1 and December 31. Every year
thereafter, registration is FREE during December. If registration
takes place after December, then the registration fee is $25.
2. Every false police or fire alarm requires the acquisition of
user's permit which must be applied for from the Public Safety
Director. The current ordinance allowed a grace period of three
false police alarms per calendar year and one false fire alarm
before a permit was needed.
3. The fee schedule for reissued alarm permits has been revised. A
reissued police alarm permit costs $50 and increases by $25 per
false alarm to a maximum of $200 per reissued permit for the sixth
false alarm.
4. A reissued fire false alarm permit is $100 for the first false
alarm and $200 for each subsequent false alarm.
5. The definition of false alarm has been defined to mean the
activation of an alarm that results in a response by the Plymouth
Public Safety Department where an emergency situation does not
exist. This includes mechanical failures, malfunctions, improper
installation, negligent use or maintenance of a system by the
owner, lessee or agent. False alarm does not include activation
resulting from efforts to upgrade, install, test or maintain the
system if the Plymouth Public Safety Director and, when
applicable, central monitoring agency is advised beforehand. Nor
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
Plymouth Commerical/Industrial Property Owners and Tenants
April 1, 1988
Page 2
does it include activation as a result of power outages, tornados,
lightening, earthquakes or other actions clearly beyond the
control of the alarm manufacturer, installer and owner.
6. The ordinance provides for an appeals process for alarm users who
believe they have been aggrieved by a ruling of the Public Safety
Director.
I have enclosed a copy of the revised ordinance for your information. We
encourage you to share this information with homeowner association members
so that they will be aware of the new ordinance requirements.
As a taxpayer, you should be concerned that false fire alarms account for
over 50% of our Fire Department's activity.
Similarly the Plymouth Police Department responds to more than five false
alarms each day, including intrusion and fire alarms. This constitutes over
7% of the total annual Police Department calls.
The total number of police and fire false alarms continues to increase each
year despite the existing false alarm ordinance.
This tremendous volume of false police and fire alarms increases cost, and
wear and tear on equipment. It also breeds complacency. Police and fire
officers who repeatedly respond to fire alarms at a location are more likely
to be unfortunately surprised if they respond to the real thing at that
location.
False alarms also needlessly expose the public and public safety officers to
the hazards association with emergency type response driving.
If you would like more information about the new ordinance, we invite you to
attend a meeting scheduled for 7 p.m., Tuesday, May 17 in the City Council
Chambers of the Plymouth City Center, 3400 Plymouth Boulevard. At the
meeting we will provide additional information about the ordinance and
respond to questions you may have.
Sincerely,
Richard J. C rlquist
Public Safety Director
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April 1, 1988 e
PLY l ' � 01UT H
Charlene Johnson
SUGAR MAPLES HOA
17230 - 12th Avenue
Plymouth, MN 55447
SUBJECT: NEW POLICE AND FIRE FALSE ALARM ORDINANCE EFFECTIVE JANUARY 1,
1989
Dear Ms. Johnson:
To curb the ever-increasing number of false alarms, the City Council has
adopted a revised ordinance effective January 1, 1989. The revised
ordinance provides that:
1. Each owner of an intrusion alarm for fire alarm system is required
by the new ordinance to annually register their alarm system with
the Public Safety Department. During 1988, registration is FREE
If accomplished between July 1 and December 31. Every year
thereafter, registration is FREE during December. If registration
takes place after December, the registration fee is $25 per
system.
2. Every false police or fire alarm requires the acquisition of
user's permit which much be applied for from the Public Safety
Director. The current ordinance allowed a grace period of three
false police alarms per calendar year and one false fire alarm
before a permit was needed.
3. The fee schedule for reissued alarm permits has been revised. A
reissued police alarm permit costs $50 and increases by $25 per
false alarm to a maximum of $200 per reissued permit for the sixth
false alarm.
4. A reissued fire false alarm permit is $100 for the first false
alarm and $200 for each subsequent false alarm.
5. The definition of false alarm has been defined to mean the
activation of an alarm that results in a response by the Plymouth
Public Safety Department where an emergency situation does not
exist. This includes mechanical failures, malfunctions, improper
installation, negligent use or maintenance of a system by the
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 5;44-. TELEPHONE (612) 559-2800
Homeowner Association President
March 30, 1988
Page 2
owner, lessee or agent. False alarm does not include activation
resulting from efforts to upgrade, install, test or maintain the
system if the Plymouth Public Safety Director, and when
applicable, central monitoring agency is advised beforehand. Nor
does it include activation as a result of power outages, tornados,
lightening, earthquakes or other actions clearly beyond the
control of the alarm manufacturer, installer and owner.
6. The ordinance provides for an appeals process for alarm users who
believe they have been aggrieved by a ruling of the Public Safety
Director.
I have enclosed a copy of the revised ordinance for your information. We
encourage you to share this information with homeowner association members
so that they will be aware of the new ordinance requirements.
As a taxpayer, you should be concerned that false fire alarms account for
over 50% of our Fire Department's activity.
Similarly the Plymouth Police Department responds to more than five false
alarms each day, including intrusion and fire alarms. This constitutes over
7% of the total annual Police Department calls.
The total number of police and fire false alarms continues to increase each
year despite the existing false alarm ordinance.
This tremendous volume of false police and fire alarms increases cost, and
wear and tear on equipment. It also breeds complacency. Police and fire
officers who repeatedly respond to fire alarms at a location are more likely
to be unfortunately surprised if they respond to the real thing at that
location.
False alarms also needlessly expose the public and public safety officers to
the hazards association with emergency type response driving.
If you would like more information about the new ordinance, we invite you to
attend a meeting scheduled for 7 p.m., Tuesday, May 17 in the City Council
Chambers of the Plymouth City Center, 3400 Plymouth Boulevard. At the
meeting we will provide additional information about the ordinance and
respond to questions you may have.
Sincerely,
Richard J. Cailquist
Public Safety Director
ROC:kec
attachment
Plymouth City Code
SECTION 1155 - ALARM SYSTEMS
1155.01
1155.01. Statement of Policy. The City Council of the City of Plymouth deems
it necessary to provide for the special and express regulations of alarm systems
which are designed to signal the presence of a hazard requiring urgent attention
and to which public safety personnel are expected to respond, in order to
protect the public health, safety and welfare.
The City Council finds that the regulation of alarm systems is necessary in
order to reduce the increasing frequency of false alarms in Plymouth. The great
number of and increasing frequency of these false alarms requires intensive,
time consuming efforts by the Department of Public Safety and thereby distracts
from and reduces the level of services available to the rest of the community.
This diminishes the ability of the City to promote the general health, welfare
and safety of the community. In consideration for the necessity on the part of
the City to provide numerous public safety services to all segments of the
community, without an undue concentration of public services in one area to work
to the detriment of members of the general public, it is hereby decided that the
alarm systems shall be regulated through the permit process described below.
1155.03. Definitions. As used herein, unless otherwise indicated, the
following terms are defined as follows. Subdivision 1. "Alarm System" means an
assembly of equipment and devices (or a single device such as a solid state
unit) arranged to signal the presence of a hazard. For the purposes of this
ordinance, the alarm, when triggered, must be directly connected to a central
monitoring agency which then notifies the police and/or fire departments of an
emergency to which public safety personnel must respond, or may emit an audible
signal which will require urgent attention and to which public safety personnel
are expected to respond.
Subd. 2. "Alarm User" means the person, firm, partnership, association,
corporation, company or organization of any kind on whose premises an alarm
system is maintained. "Alarm User" includes persons occupying dwelling units
for residential purposes.
Subd. 3. "False Alarm" means any activation of an alarm system that
results in a response by the Public Safety Department where an emergency situa-
tion does not exist. "False Alarm includes, but is not limited to, activation
of an alarm system through mechanical failure, malfunction, improper installa-
tion, or the negligent use or maintenance of the alarm system by its owner or
lessee or by the owner's or lessee's employees or agents. "False Alarm" does
not include activation of the alarm by utility company power outages or by
climatic conditions such as tornadoes, lightning, earthquakes, other violent
conditions of nature, or any other conditions which are clearly beyond the
control of the alarm manufacturer, installer and owner. "False Alarm" does not
include activation of an alarm system as the result of an effort or order to
upgrade, install, test, or maintain the system, if the Public Safety Director
and, where applicable, central monitoring agency for the alarm system are each
notified in advance of said upgrade, installation, test or maintenance.
Subd. 4. "Fire alarm system" means an alarm system designed, installed, or
operated to prompt a response by the fire department.
Subd. 5. "Person" means any individual, partnership, corporation, associa-
tion, cooperative or other entity.
Plymouth City Code
1155.06, Subd. 4
Subd. 4. Review of Permit. The Public Safety Director shall review the
issuance, reissuance, and renewal of all alarm user permits.
1155.07. False Alarms; Automatic Revocation. Subdivision 1. Revocation;
Reissued Permits. A false police or fire alarm will result in automatic revoca-
tion of the applicable alarm user permit, unless the permit is reissued in
accordance with this subdivision. When the Public Safety Director determines
that a false police or fire alarm has occurred at an address, the Public Safety
Director shall notify the alarm user of that determination. The alarm user's
permit will be revoked unless, within ten working days of the date of the
notice, the alarm user submits the required permit fee to the Finance Director
or establishes to the satisfaction of the Public Safety Director that the alarm
activation was not a "false alarm" within the meaning of this section.
Subd. 2. The Public Safety Director shall treat a false alarm that occurs
during the ten-day period for reissuance of an alarm user permit as an
additional reissued permit. For each such false alarm, the alarm user shall pay
the permit fee for a reissued permit as provided by this section.
Subd. 3. Conditions for Reissuance. As a condition for reissuing an alarm
user permit revoked under this subsection, the Public Safety Director may
require that the alarm user provide the Public Safety Director with evidence
that the alarm system has been properly serviced and that its deficiencies have
been corrected.
1155.08. Permits Nontransferrable; Duration. All alarm user permits expire at
the end of the calendar year, unless otherwise revoked. Alarm user permits are
not transferable from one person to another or from one location to another.
1155.09. Prohibitions. Subdivision 1. Alarm Svstems Utilizing Taped or
Prerecorded Messages. No person may install, monitor, or use and possess an
operative alarm which utilizes taped or prerecorded messages which deliver a
telephone alarm message to the police or fire department.
1155.11. Permit Fees. Subdivision 1. Annual Permit Fee. The annual fee for
an alarm user's permit shall be: Police - twenty-five dollars ($25.00), Fire -
twenty-five dollars ($25.00). The annual fee shall be waived if the permit is
obtained during the month of December of the preceding year.
Subd. 2. Fees Schedules for Reissued Permits. The fee for each alarm
user's permit that is reissued during the same calendar year shall be determined
according to the following schedules:
a. Reissued Permit for Police Alarm System.
First reissued permit . . .
Second reissued permit . .
Third reissued permit . . .
Fourth reissued permit . .
Fifth reissued permit . . .
Sixth reissued permit . . .
Subsequent reissued permits
$ 50.00
. . . . . 75.00
. . . . . 100.00
. . . . . 125.00
. . . . . 150.00
. . . . . 175.00
. . . . . 200.00
Plymouth City Code
1155.15
1155.15. Penalties. Subdivision 1. Any alarm user who continues to use an
alarm system after receiving notice of revocation or suspension by the Public
Safety Director is guilty of a misdemeanor.
Subd. 2. Any person required by this ordinance to obtain an alarm user's
permit who knowingly fails to do so is guilty of a misdemeanor.
IiC
TwinWest*
CHAMBER OF COMMERCE
Woodside Office Park 10550 Wayzata Boulevard
Minnetonka, Minnesota 55343 (612) 540-0234
March 25, 1988
Mr. Jim Willis
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Mri 55447
Dear Jim:
Thank you for hosting your "Community Coffee Break." These acti-
vities play a critical role in our "Local Focus" efforts and they
would not be successful without your support and commitment.
Thanks again for your help and the update on your city. I'm looking
forward to your continued involvement in Chamber activities.
5i ncerel�y
David C. Olson
President
DCO:mg
r
ACCREDITED
�k SERVING CRYSTAL, GOLDEN VALLEY, HOPKINS, MEDICINE LAKE, MINNETONKA, NEW HOPE, PLYMOUTH AND ST. LOUIS PARK
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March 29, 1988
Chief Richard Carlquist
Plymouth Police Department
3400 Plymouth Boulevard
Plymouth, Mn. 55447
Dear Dick:
I would like to take this opportunity to recognize the efforts
of your officers who assisted our department in the early
morning hours of 3/19/88.
At approximately 0300 hours, the Minnetonka Police Department
responded to a burglary -in -progress call at a gas station in the
Ridgedale Shopping area. Two suspects were observed leaving the
scene where numerous cartons of cigarettes had been stolen.
Your officer, Scott Streachek, monitored the call over the
Hennepin County radio and positioned his squad at a possible
escape route into Plymouth. He spotted a suspect vehicle on
Highway 101 and attempted to initiate a stop. The suspect
vehicle fled from the officer and ultimately crashed in the
Oakwood Elementary School parking lot. Unfortunately, the
suspects were able to flee on foot through a wooded area and
were not captured. The vehicle turned out to be stolen from
your city.
The method in which your officers responded was highly
commendable, especially that of Officer Streachek. We
appreciate the close spirit of cooperation in which our two
agencies continually work.
Please pass on a personal "thank you" to the officers who
responded to assist us on this call.
Sincerely,
Richard W. Setter
Chief of Police
Michael W. Sankey
Captain Ap,, (J
MWS / b j s
the city offices are located at 14600 minnetonka boulevard minnetonka, minnesota 55345 933-2511
April 4, 1988
Craig E. Runnakko
10440 - 49th Avenue North
Plymouth, MN 55442
Dear Craig:
Congratulations on becoming an Eagle Scout. As you know, this is the
highest honor in Scouting. Accept this honor with pride. It will be with
you the rest of your life.
I am sure you feel "this is the end." Quite the contrary. This
accomplishment marks the beginning. By becoming an Eagle Scout, you have
proven you are dependable, trustworthy and are an achiever. While these
qualities are the mark of an Eagle Scout, they are also what it takes to
become a leader in your school, church, community and nation. Accept the
challenge to lead. It is your responsibility and duty.
My son became an Eagle Scout approximately six months ago. Consequently, I
am familiar with the commitment you, your parents and Scout Master made to
achieve this. Accept my personal congratulations and the City of Plymouth's
congratulations to you.
Congratulations!
Sincerely,
rgil Schneider
Mayor
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