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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 i I W ICZ a Y I. I cis i � I N 1 M N M w H w P4 00 I O O U N H n H z U a N O W i ''U^) Ln ZD a �7 a' < n H H H U U D- I O H O P4 0 U U sJ]_.0 I I i C ° ! t11 N 100 N w g i cz i rp ' �. 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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 5 7_ U) cD Y b r cD :5(D O 1 C -.4K H (D W O 'd 0) o;D►1 9):5(1) ct a (D CD as C ct VD ID ~a RD .-a m r -j 0 o0� 0 ct �-j P4 r O O (D 010 O K �m -41-r0•Cn A. • tj r (D = cn aNcrP)I� y cOD t N CDD O F., I -j " ct `r Lii: _ --. - G v m o Q P. �-j r F- o 0 F- ! - r� as to a CD P ct i N d i a (D O j P ►� PD ..o ct O (D C_—_ •--- -_ .. -- ----- -.. -. _--_. -. .� i _-._.----�.. ^V G7 F -r ; + I r.. I --j O O\ O 1-j O ` O O - El) CD 0 Fj a o f .----- - - cn CD N -I o o ct EO ------ -t ct-En r N X mSD N �C ai CCno o P, o so - -- P) O a � o' to CD CD wct FjZ m ct CCD - -- - -- - - — - - --- O _ ED ct L m CD QFj Z O y Ef) met Zo z CD o; ? a a P, 0 1.1 (D N r co ~ (71 Fes, O r' / a arn N ct N 'JC' C O o � - ct 4; =-- CD o WL I-' O a P. 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N Nt, OM PI, IXC 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 r 0 Y a a Z 0 0 s m 2 0 z W Z z x x 0 Z x r a H x O W W < z a O z U = a o o a Z x p C1 G li � rHh W L 07 _+ -sat! a v a E C Pim a= �E 0co� + EouuSS vW m m 0 —0 LD mow« o �p C tt v C �• O� E c OD 5 x m ui 6 i 5 d� c c Th y"1J v 5 C.1; � E.5• ono co�. � �... 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V0. —000;, eoaCig��i c�'a-gVL1w8"'dyca8.5ca oaa°iaciKdW�wz Ei C y + rC• bn O O Q N 4 p u Ax cn >:Y •� m❑00,5: > ? a heae0v`o cie A LE Y� Ura d y p to c X c.5 �:cA m cow u E � aNi x E� �.. u c ��_ p8 5 E x yy e0 a d- 5 a ca a 5 0, �•e5o°�E� u >:�7, EUS"�+� 0y°0a`i v 8 vS 5-a^4U'vu�88c �5- c qs O � ES c R . a E. �a �� Em E c E o y` E EU27 cv w o �� `�c.° a`i.5 �x E� 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 Z-icb OD� .0 C v C C" C 7 cO 7.5 U 'v. 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C cCd ctj p C T •L7 v� X. p O O « 7 >,•� C C E'L' E,— ° cC L W u o ca�F- p o� G a c o E c N 3 ccvw `v -6.2 E E o0 8) ° 2-E 8, 't-, = °debt«: � •D � C N CO M O Y U � L pq,'•Cx CCc ti c,: H DOaic`000 C Q� c > .: �� N � O v H Ec U L C, V L > �= O •�cec�e �¢1'L 1i 3 -E° S u y o oox u oqo ° o s Z ,. >> ��uu3 �°��nca���dc.. 5" �vc3y��'� NOcO co:a'vCCQygo❑ ENC �ISo°'oo�UR.ac° .E O C C L° O ce 'Iu� FIsoE = uoo"nn�ro C,0uE �s O ,d •�a �p ce vo;X.@? E. �L •a5� Tv u> c c cp o3 N > Ing L , y� ;a _s �F 0 3- u u c I `u cow 3 a.-' v R F � ce ai p oo � � a0 -0 n- > ci'u.E 8.. o b o 3 .5 �.� w e c v 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 RX:kec attachment y t 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 I__Ik��- n �� iflifl( 41@0 jo 0 F 1E 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 VS:kec oAnn of VnAni iTu Qom! r. PI VV')l'7N A4 I