HomeMy WebLinkAboutCouncil Information Memorandum 05-12-19884
CITY Or
PLYMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 12, 1988
RECYCLING CASH DRAWING
May 12 winner of $100:
James & Delores Flaa
3830 Quaker Lane North
UPCOMING MEETINGS AND EVENTS.....
1. PLYMOUTH FORUM -- Monday, May 16, 7:00 P.M. Plymouth Forum in the
City Council conference room.
2. CITY COUNCIL MEETING -- Monday, May 16, 7:30 P.M. Regular City
Council meeting in City Council chambers.
3. COUNCIL EXECUTIVE SESSION -- Monday, May 16. The Council will meet
in Executive Session at the end of the May 16 Council meeting to
discuss pending litigation.
4. ANNUAL MEETING - ASSOCIATION OF METROPOLITAN MUNICIPALITIES --
Wednesday, May 18. The AMM annual dinner meeting will be held at
Nicklow's Restaurant, Highway 100 and 36th Avenue No., Crystal, on
Wednesday, May 18. A copy of the meeting announcement and agenda is
attached. (M-4)
5. 1988 CITY PARK TOUR -- Thursday, May 19. The tour will begin at
5:00 p.m., leaving from the City Center. It will be completed
before 9:00 p.m.
6. LEGISLATIVE WRAP-UP SESSIONS -- Thursday, May 26. The League of
Minnesota Cities regional legislative wrap-up session for the metro
area is on Thursday, May 26, from 1:30 p.m. - 4:30 p.m., at the
Hotel Sofitel in Bloomington. The meeting notice is attached.
(M-6)
7. CALENDARS -- Meeting calendars for May and dune are attached.
(M-7)
X400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 12, 1988
Page 2
FOR YOUR INFORMATION....
1. DEVELOPMENT SIGNAGE -- On Friday, May 13, four development signs
will be placed at the following locations:
1) Northeast of Highway 55 and Quaker Lane. Ryan Construction
Company is requesting approval of a rezoning, PUD preliminary
plan/plat, and conditional use permit. The proposal is to
rezone approximately 14 acres from I-1 (Planned Industrial) to
B-3 (Service Business) and approximately 7 acres from I-1 to B-1
(Office Limited Business). The preliminary plan/plat is for the
creation of three lots to include 120,000 sq. ft. of retail
space; the existing DeVac Window Company; and, a bank facility.
The conditional use permit is for a PUD and an amendment to the
floodway. (87027)
2) Northwest of County Road 18 and Highway 55. The Metropolitan
Waste Control Commission is requesting approval of a preliminary
plat, site plan, conditional use permit and a variance. The
preliminary plat is to replat two existing parcels; the site
plan is for the construction of a new lift station facility; and
the conditional use permit is for an essential service building
In a B-1 district and an amendment to the floodway. The
variance is for lot size less than the ordinance minimum and the
building setback. (88033)
3) North of Balsam Lane and Sunset Trail. Schoell and Madson are
requesting approval of a preliminary plat, final plat and
variance. The proposed plat is for the creation of 14 single
family lots one of which will contain the existing home. The
variance is from the subdivision code for street grades in
excess of 7 percent. (88044)
4) West of Fernbrook Lane, south of 21st Avenue North. Caliber
Development is requesting approval of two site plans and two
variances. The proposed site plans are for the construction of
two office/warehouse buildings. The variance is for a parking
setback to the front lot line on each site. (88038/39)
These requests will be heard by the Planning Commission on May 25,
1988.
2. MINUTES:
a. Planning Commission, April 27, 1988 (I-2)
3. SUMMONS & COMPLAINT -- The attached Summons and Complaint, Francis
Bauer vs. City of Plymouth and Plymouth Firefighters Relief
Association, was received on May 5. (I-3)
4. RECYCLING NEWSLETTER -- The Hennepin County "Special Report" on
solid waste disposal and recovery is attached. (I-4)
R
CITY COUNCIL INFORMATIONAL MEMORANDUM
May 12, 1988
Page 3
5. COUNCIL FOLLOW-UPS:
a. HOLIDAY PLUS STORE -- A Public Safety report of incidents
occurring at Holiday Plus from December 1, 1987 through May 5,
1988 is attached. (I -5a)
b. SNOWMOBILE STATISTICS -- Included in the April 14 manager's memo
was a report from the Police Department on snowmobile complaint
statistics. Attached is a follow up report from Community
Service Officer Dave Phillips giving further explanation on the
number of snowmobile enforcement actions. (I -5b)
c. TOWN MEETING FEEDBACK One resident feedback form was received
at the May 9 Town Meeting. A copy is attached. (I -5c)
d. 2615 SYCAMORE LANE -- Attached is Fred Moore's response to
Councilmember Zitur's memo relating to various concerns of this
property owner. (I -5d)
e. WAYNE HOKEMIER -- A letter to Mr. Hokemier concerning the need
for a warning sign at the intersection of old County Road 9 and
Larch Lane is attached. The letter is in response to a call
Councilmember Zitur received from Mr. Hokemier. (I -5e)
6. CORRESPONDENCE:
a. Letter responding to Mr. Sohn Hutar, 15000 - 43rd Avenue No.,
from Mayor Schneider, concerning development activity on adja-
cent property. (I -6a)
b. Letter of appreciation from dames Craig to Plymouth Police for
the department's fast response to a May 4 burglary attempt at
his home. (I -6b)
c. Letter from Mr. Kenneth Neutgens, 14407 County Road 6, concern-
ing the proposed widening of County Road 6 and the construction
of an interchange at I-494. A letter from the City Manager
acknowledging Mr. Neutgens' letter is also attached. (I -6c)
d. Letter from Mrs. Norman Robl, 2911 Comstock Lane, to City
Manager, commenting on a May 5 article from the Wayzata Weekly
News on property taxes. The City Manager's response is also
attached. (I -6d)
e. Letter from Steve and Suzi Gerber, 2730 Norwood Lane, to Dick
Carlquist, on a notice they received from the Public Safety
Department on a barking dog. (I -6e)
f. Letter from David Landswerk, Wayzata Schools Superintendent, to
Mr. Ed Schaffer, 65 Inland Lane, regarding separate entrances
to the new Widsten replacement school and to the Kingswood
area. (I -6f)
James G. Willis
City Manager
q 0 1 fiorl of
me p
Ct"10nic-ipa1ftie
AMM ANNUAL MEETING
WHEN: Wednesday, May 18, 1988
�''" NKKLOCATION: LOVYS
Highway 100 & 36th. Ave., No.
�► Crystal, Minnesota
5:30 P.M. 6:30 P.M.
�A- 4A
7:30 P.M.
Refreshments and Fine Greek & American
Authentic Greek Cuisine featuring Legislative Briefing
Entertainment Athenian Chicken and and
& Hors D'Oeuvres Traditional Roast Beef Business Meeting
SPOUSES AND GUESTS ARE MOST WELCOME
COST: $20.00
A. Dinner reservations must be made with Carol Williams (227-4008)
by no later than Friday, May 13th.
B. The notice has been mailed to Mayors, Administrators and all
Councilmembers.
PLEASE NOTE: MAP AND AGENDA ON REVERSE.
REFRESHMENTS ARE COMPLIMENTS OF MILLER & SCHROEDER FINANCIAL, INC.
HORS D'OEUVRES PROVIDED BY HOST CITY CRYSTAL.
183 university avenue east, s! r)::..:` minnesota 55101 (612) 227-4008
W
BUSINESS MEETING AGENDA
1. Welcome to Crystal: Mayor Tom Aaker.
2. Honor Retiring Officers and Board Directors.
_?: Legislative Briefing: WHO DID WHAT TO WHOM o2:D WHY?
(Guests and Staff).
4. President's Annual Report: Neil Peterson.
5. Annual Election:
A. Report of Nominating Committee - Mayor Mary Anderson
(enclosed).
B. Election (President, Vice -President and Directors).
6. Comments of the President Elect.
7. Adjourn
N
not drawn to scale
E
M-�
1988 NOMINATING COMMITTEE REPORT
TO: Member City Officials
FROM: Mayor Mary Anderson, Chair of Nominating Committee
RE: Recommendations of the Nominating Committee
Pursuant to AMM By -Laws, Article IX, Section 3, a Nominating
Committee was appointed on March 3, 1988 and the Committee is
recommending the below listed persons for your consideration.
Additional candidates may be nominated by any voting delegate from
the floor at the May 18th. Annual Meeting.
FOR PRESIDENT:
Gary Bastian, Councilmember, Maplewood and current Vice -President.
FOR VICE-PRESIDENT:
Walt Fehst, Manager, Robbinsdale and current Board Director.
FOR BOARD DIRECTORS: (Eight to be elected)
Karen Anderson
Mark Bernhardson
Ed Fitzpatrick
Kevin Frazell
Carol Johnson
Craig Mattson
Gerald Marshall
John Walker
Councilmember
Administrator
Councilmember
Administrator
Councilmember
Administrator
Councilmember
Mayor
(CONTINUING BOARD MEMBERS)
Duke Addicks, Jr.
Larry Bakken
Bob Long
Sharon Klumpp
Diane Lynch
Don Ramstad
Bill Saed
Leslie Turner
Legislative Liaison
Councilmember
Councilmember
Asst. Manager
Asst. to Mayor
Councilmember
Mayor
Councilmember
Minnetonka
Orono
Fridley
Mendota Heights
Minneapolis
Oakdale
Brooklyn Park
Newport
Minneapolis
Golden Valley
St. Paul
St. Louis Park
St. Paul
Maple Grove
Inver Grove Heights
Edina
M- t
League of Minnesota Cities
April 26, 1988
183 University Ave. East
St. Paul, MN 55101-2526
(612) 227-5600 (FAX: 221-0986)
To: Mayors, Managers and Clerks (please ri• to he attention of your councilmembers)
From: Donald A. Slater, Executive Direc
LEAGUE TO HOLD LEGISLATIVE WRAP-UP SESSIONS
The League of Minnesota Cities will be conducting four legislative wrap-up sessions around the state. The
legislature has had an especially busy year with respect to city issues. Some of their decisions will have far
reaching consequences for cities and municipal officials. The League board and staff feel cities can benefit
from an immediate, comprehensive presentation summarizing the most significant decisions of the 1988
Legislature. Please take advantage of these regional meetings. The sessions will be held at:
Date
City
Location
May 17
Mankato
Holiday Inn, Downtown
101 E. Main St.
May 24
Bemidji
Holiday Inn
Highway 2 West
May 25
St. Cloud
City Hall Council Chambers
400 Second Street South
May 26
Bloomington
Hotel Sofitel
5601 West 78th St .
To reserve your space at the Legislative Wrap-up Session, please return the registration form to: LMC
Finance Department, League of Minnesota Cities, 183 University Avenue East, St. Paul, MN 55101. The
registration form is printed on the back of this memo.
Don't miss your opportunity to learn how 1988 legislation affects your city.
AGENDA
1:30 - 1:45 pm Introduction
1:45 - 2:30 pm Property tax reform, truth -in -taxation, levy
limits, LGA, and other revenue legislation
2:30 - 2:45 pm Elections legislation
2:45 - 3:00 pm Break
3.00 - 3:45 pm Pay equity, transportation, lottery,
safe drinking water, solid and
hazardous waste legislation
3:45 - 4:15 pm Tax increment finance legislation
4:15 - 4:30 pm Pension legislation
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CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 27, 1988
The Regular Meeting of the Plymouth Planning Commission was
called to order at 7:30 P.M.
MEMBERS PRESENT: Chairman Pauba, Commissioners wire,
Stulberg, Zylla, Marofsky and Tierney
MEMBERS ABSENT: Commissioner Plufka
STAFF PRESENT: Community Development Director
Blair Tremere
Assistant City Engineer Sohn Sweeney
Public Works Director Fred Moore
Community Development Coordinator
Chuck Dillerud
*MINUTES
Chairman Pauba and the Commission deferred action on the
Minutes for April 13, 1988 until later in the meeting.
Director Tremere introduced Community Development Coordina-
tor Chuck Dillerud.
PUBLIC HEARINGS
Chairman Pauba called for a review of the April 18, 1988
staff report. Director Tremere explained the purpose of the
hearing and that the City Council had approved the Rezoning
and Preliminary Plat for this property in February.
Commissioner Marofsky inquired about the availability of
sewer in the area. Assistant Engineer Sweeney explained the
constraints and the location of the Sewer District. The
east portion of the property would be very difficult to
serve.
Chairman Pauba opened the Public Hearing.
Randy Nord, 4420 Narbor Lane North. Mr. Nord stated he was
speaking as President of the Kingsview Heights Homeowners
Association. He reiterated the concerns of many of the
neighbors who spoke at the Rezoning and Preliminary Plat
hearing. He stated concerns focused on property values and
the impact of the proposed development. He stated the
neighbors had met with the petitioner and had identified
concerns in a letter to which they had not received a formal
response. He inquired whether the verbal assurances from
the developer to them still had standing. He said that
transition is critical and the Association feels that the
City should require owner occupancy of the proposed units.
-93-
PATRICK GOFF
GOFF HOMES, INC.
SITE PLAN AND
CONDITIONAL USE
PERMIT FOR "FERNBROOK
MANOR" (88019)
Paoe 94
Planninq Commission Minutes
April 27, 1988
Patrick Goff, petitioner, stated that he aqrees with most of
the items in the letter referenced by the Homeowners
Association.
Chairman Pauba closed the Public Haerinq.
Commissioner Zylla expressed concern about proposed
Condition No. 6 regarding the variance from Fire Code
requirements for fire lanes and the Fire Inspector's March
30, 1988 memorandum. He stated the requirement to sprinkler
owner -occupied units was "ludicrous" and he felt the matter
should be brouqht to the City Council's attention. He
stated he did not see any purpose in the requirement and
that it was not realistic. He questioned whether the City
Code Fire Lane requirements were reasonable as well.
Director Tremere explained the City Fire Code requirements
and that the sprinkler requirement was an option available
to the petitioner in -lieu of the required fire lanes. He
explained that the City Council had recently reviewed amend-
ments to the City Code reqardinq sprinkler requirements and
that the Public Safety Department had conducted extensive
research about the need for such systems. Fire Code vari-
ances are reserved for City Council action because the
Council is the Board of Appeals for Fire Code matters; the
information about the requested variance is provided as a
matter of information to the Planninq Commission.
Commissioner Zylla stated that he appreciated the matter of
jurisdiction but that he intended to raise the matter with
the City Council as a matter of policy.
Commissioner Marofsky stated there should be delineation
between the proposed east common area and the City park; he
stated he was concerned with potential liability and the
need to provide demarcation of the boundaries.
MOTION by Commissioner Wire, seconded by Commissioner NOTION TO APPROVE
Stulberg to recommend approval of the application by Patrick
Goff, Goff Homes, subject to the ten conditions listed in
the April 18, 1988 staff report.
MOTION by Commissioner Marofsky to amend the Main Motion by
addinq an 11th condition as follows: The east common area
shall be delineated from the public park area with fencing
or signage or shrubbery, so to effectively indicate the
boundary.
MOTION died for lack of second.
Roll Call Vote. 5 Ayes, Commissioner Marofsky, Nay. MOTION VOTE - NOTION CARRIED
carried.
Page 95
Planning Commission Minutes
April 27, 1988
Commissioner Marofskv clarified his vote, noting that he was
concerned with the proximity of the two buildings near Fern -
brook Lane, as well as the need to better delineate the
public park from the common open space.
Commissioner Zylla reiterated his disagreement with the
philosophy of the City Code regarding fire lanes.
Chairman Pauba called for a review of the April 18, 1988
staff report by Director Tremere. The petition includes a
housekeeping item directed by the City Council regarding the
adjacent so-called "Larson Automotive" property. Also, the
staff report cover page indicates the current Guide Plan
Classification and Zoning. The City Council did approve a
reguiding which was conditionalized on the implementation of
the proposed plans. The submitted plans which are subject
to review at this stage, have been reviewed in terms of
proposed zoning based on the approved new quiding.
Commissioner Marofsky suggested that Condition No. 11 of
Resolution No. 87-555 be carried forward to the proposed
Resolution regarding the Larson Automotive property. That
condition stipulates when the Development Contract should be
executed and buildinq permits issued.
Chairman Pauba recognized Mr. Mark Senn, petitioner, who
reviewed the application. He stated that approval was not
sought at this time for proposed Lot 1, Block 2. That would
be subject to future Site Plan approval when the property is
cleared and ready for re -development. He reviewed the
requested variances, stating they were needed due to criti-
cal location considerations for the building and to cost
factors. He stated that the economics of the development
were such that the proposed building was essential to the
success of the development.
Mr. Senn also referred to the Engineer's Memorandum (Item 27
C.) and indicated that they desired to retain an entrance
from West Medicine Lake Road, contrary to the
recommendation.
He also stated concern with the second item under Condition
No. 9 of the proposed Resolution regarding removal of all
existing structures prior to the issuance of building
permits. He suggested that this be tied to the issuance of
an Occupancy Permit and not to the issuance of a building
permit.
David Davenport, attorney for the petitioner, stated that
the petitioner could redesign the site to eliminate the
variances, but that the petitioner's timinq is very tight.
MARCUS DEVELOPMENT
LAND USE GUIDE PLAN
AMENDMENT, REZONING
PRELIMINARY PLAT
FINAL PLAT, SITE
PLAN AND VARIANCE
(88022)
Page 96
Planning Commission Minutes
April 27, 1988
He stated that the options included: Eliminate both side
yard setback variances as suggested by staff; eliminate one
of the variances, either one of which would require an
adjustment of the number of parking spaces since the build-
ing would have to be moved; or, reduce the building size
which is not economically feasible.
Mr. Davenport cited a number of factors which should be
taken into account including the expense of constructing the
frontage road; the upgrading of West Medicine Lake Drive and
Highway 55 intersection; and, the direction that a differen-
tial be paid with respect to sewer and water area charges
because of the change in the Land Use Cuidinq. He stated
that the original building had been larger than that now
proposed and that the petitioner is committed to developing
a major design statement at this intersection. He also
stated that the inclusion of the Larson Automotive property
was undertaken at the direction of the City Council and had
proven to be very costly.
He stated that the petitioner recognizes manv of these items
were economic considerations; he stated that there are also
site conditions which warrant variances: The wetland
characteristics and the area road layout.
Mr. Davenport further discussed the rationale for setbacks
and for the proposed variances. He noted the petitioner's
narrative and the description of the proximity of neighbor-
ing buildings. He stated the site does provide effective
transition.
He stated the topography of the site represented a hardship
because of the constraints it placed on this type of
development. He also explained that the variance dimension
was about 7 ft. rather than the 5 ft. indicated in the staff
report.
Mr. Davenport commented on the concerns expressed by the
petitioner with the timing for the removal of existing
buildings. He stated that it should be a condition of the
Certificate of Occupancy and the petitioner would be pre-
pared to provide the necessary legal assurances that that
would occur.
Chairman Pauba inquired as to the prospective tenancies and
Mr. Senn stated that they were firming up a number of
tenants but he was not prepared to indicate specific ones at
this time.
Commissioner Marofsky noted that Condition No. 12 of Resolu-
tion No. 87-555 called for the upgrading of the Larson Auto-
motive property as part of this development and that the
petitioner seemed to be indicating that that work would be
=`
Page 97
Planning Commission Minutes
April 27, 1989
deferred until some future date when the Larson Automotive
site was actually built upon. If this is acceptable, it
should be specifically carried forward with the development
approval.
Commissioner Wire inquired as to the color and exterior
finish of the proposed buildinq, noting that there were no
graphics that detailed that.
Mr. Senn responded that they were not sure at this time what
the color scheme would be; he stated they were not that far
along to address it.
Discussion ensued regardinq exterior lightinq and the
Ordinance standards with respect to qlare.
Commissioner Zylla inquired about traffic. He asked whether
the service road was a City street or a highway property;
and, he wondered why the developer had to pay for the
improvements of the service road.
Public Works Director Moore responded and explained the City
policy and the ownership of the service road.
Commissioner Zylla inquired as to why the City and/or the
Highway Department would want to close the curb cut onto
Highway 55; and, whether it could be required. Public Works
Director Moore stated the City could require this since it
is a private drive, not a public access. He explained the
traffic safety reasons for doina that either now or in the
future, especially as the area developed with businesses
such as this.
Commissioner Zylla noted the petition which had been
received at the meeting from neighboring businesses. Direc-
tor Tremere noted the persons who had signed the petition
and the location of the businesses with respect to this
property and the access onto Highway 55.
Commissioner Zylla inquired whether the City should consider
having this reviewed by a traffic consultant; Public Works
Director Moore indicated that the project was reviewed by
the City's traffic consultant. He stated the problems that
were cited could be resolved with the recommended
improvements.
Commissioner Zylla inquired whether there was any City
financial assistance involved with this project, such as Tax
Increment Financing. Director Tremere responded there was
none.
Paqe 98
Planninq Commission Minutes
April 27, 1988
Chairman Pauba opened the Public Hearing. He explained that
a petition had been received from neighborinq business
interests reqarding the recommended closure of the drive
access onto Highway 55. He also noted that a letter had
been received from a Richard Edwards.
Richard Edwards, 11235 12th .Avenue North, #8, stated that he
wrote the letter and he reiterated his concerns with the
impact upon the wetlands and the wildlife. He stated this
project would have a grave neqative impact. He stated he
has lived in the area for about two years and he is impres-
sed with the amount of wildlife that has taken refuge in
this wooded area.
Chairman Pauba stated that the option of no development
would be only possible if the City or some other public
agency were to buy all the land and that that was not
feasible.
Elizabeth Borns, 2099 Peninsula Rd., Medicine Lake, stated
that she owns an apartment complex north of the site. She
disagrees with any variances from the yard setback standards
and especially ones that would allow a larqer development
beyond the City requirements. She stated she was concerned
with the increased traffic in the area and noted that many
of her tenants were concerned. She stated that the inten-
sity of the development was greater than the area could sup-
port and that reconsideration should be qiven to the size of
the project. Her primary concern was proper transition and
the impact upon the neighborhood.
Erwin Stobbe, 11215 12th Avenue North, stated that he was in
favor of the development and would even favor some access
from the north which would tend to brinq more traffic past
the apartment which could be good for his business. He
stated he owned an apartment complex north of the project as
well; and that the uses proposed would be proper for the
area.
Ward Wheeler, 11331 Highway 55, stated that he wanted to
clarify the scope of the future improvements in the area
because he was concerned with traffic circulation problems
today and in the future.
A brief discussion ensued regarding the proposed upgrading
of the intersection and the frontage road.
Harvey Schiebe, 1215 Goldenrod Lane, stated that he had
submitted the petition from some of the area businesses and
that he owned the "Wheel Center" shopping center to the east
of this property. He said that businesses in the area were
concerned about circulation problems and that access onto
Highway 55 was critical.
Paqe 99
Planning Commission Minutes
April 27, 1988
Chairman Pauba closed the Public Hearinq.
Director Tremere stated that a summary of the issues at this
point included the timing for removal of the buildings;
whether there should be a private drive access onto Medicine
Lake Drive; and, the yard setback variances.
MOTION by Commissioner Marofsky, seconded by Commissioner NOTION TO APPROVE
Wire, to recommend approval of the Land Use Guide Plan REGUIDING
Amendment, adding the following condition: The Development
Contract shall be executed and the buildinq permit shall be
issued with all fees paid prior to September 1, 1988, or
this Resolution will be void and the requiding will not take
place. Further, there shall be no extension of this
deadline.
Discussion ensued regarding the added condition and Commis-
sioner Zylla asked whether the September 1, 1988 deadline
was too short. Mr. Senn stated that it was not and that
they plan to be underway with the development by that date.
Director Tremere clarified, however, that the condition was
being placed on the reguidinq of the Larson Automotive
property which now would be considered part of the overall
development. Mr. Senn reiterated that he had no problem
with the condition.
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE
Marofsky to recommend approval of the Preliminary Plat and PRELIMINARY PLAT
the Rezoning for the land involving the proposed "Plymouth AND REZONING
Point" development, subject to the eiqht conditions as
listed in the staff recommendations and subject to the zon-
ing be conditioned upon the effectuation of the approved
Land Use Guide Plan classifications.
Roll Call Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED
Commissioner Marofsky discussed with Mr. Senn the degree of
the rear yard variance. It was verified that it is 7 ft.
and not 5 ft. Extensive discussion ensued regarding the
Site Plans and Chairman Pauba polled the Commissioners as to
whether either or any of the variances were appropriate.
MOTION by Commissioner Wire, seconded by Commissioner Zylla NOTION TO APPROVE
to recommend approval of the Site Plan and Variance for Lot SITE PLAN AND
1, Block 1, of Plymouth Point, for Marcus Development VARIANCE
Corporation, subject to the conditions in the staff recom-
mendation with the following exceptions: The second item
under Condition No. 9 should tie the removal of existing
Page 100
Planning Commission Minutes
April 27, 1988
structures to the issuance of the initial Certificate of
Occupancy Permit as approved by the City .Attorney, including
the placement of a covenant on the project to assure the
implementation; approved variance for the side yard only as
proposed, and no rear yard variance is approved; the build-
ing shall be redesigned to the extent necessary to eliminate
the 7 ft. variance; and, Condition No. 12 of Resolution No.
87-555 shall be carried forward relative to the upgrading of
Lot 1, Block 2, which is subject to further review and
approval of a separate Site Plan.
Discussion ensued regarding the recommendation and Mr.
Davenport and Mr. Senn concurred that the building could be
redesigned to eliminate the rear yard setback variance with-
out impacting the required parking for the development.
Mr. Senn asked whether the detailed Site Plans could be
revised after the City Council action; Director Tremere
responded in the affirmative.
Roll Call Vote. 6 Ayes. MOTION carried.
Chairman Pauba waived the reading of the April 14, 1988
staff report.
He recognized Mr. Nord, who explained his request and indi-
cated it was for purposes of storing a boat and that there
were covenants on the development that prohibited outside
storage.
Mr. Nord stated he understood the concerns expressed in the
staff report but that, he felt the specific 2 ft. encroach-
ment proposed would not compromise the development or set an
undesirable precedent. He said he had examined alternatives
and that they were not feasible for this property in this
area.
Chairman Pauba noted that there were a number of 3 -car gar-
ages in the area which were apparently designed and built
with the original homes.
A brief discussion ensued regarding possible alternatives
such as constructing a detached garage.
Chairman Pauba opened the Public Hearing; and, upon deter-
mining that no one was present to speak, closed the Hearing.
Commissioner Stulberg expressed concerns about establishing
a precedent within the PUD which was based upon certain
design parameters, especially, precedent which could impact
future proposed decks, porches, and house additions.
Q__J
VOTE - NOTION CARRIED
RANDALL NORD
CONDITIONAL USE
PERMIT AMENDMENT
(88031)
Page 101
Planninq Commission Minutes
April 27, 1988
In further discussion, it was noted that the 10 ft. side
yard setback represents a reduction from the City's normal
standard of 15 ft. It was clarified that approval of this
specific plan would not apply throughout the development as
a variation of the side yard setback.
MOTION by Chairman Pauba, seconded by Commissioner Stulberg,
to recommend denial of the Conditional Use Permit Amendment
request by Randall Nord for the reasons cited in the draft
recommendation.
Roll Call Vote. 6 Ayes. MOTION carried.
OLD BUSINESS
Chairman Pauba asked for a review of the March 2:8, 1988
staff report and the April 22, 1988 Memorandum. Director
Tremere explained that the petitioner had not heen repre-
sented at the first meeting_ and the Commission had deferred
the item to this meeting. He also noted that, in response
to an inquiry by Commissioner Marofsky, it had been verified
that the Commission would in effect be actinq upon a revised
Site Plan including the potential for a new structural
addition in the form of a parking ramp.
The petitioner has submitted plans showing the profile of
such an addition if it were necessary.
Chairman Pauba recognized Mr. Bradley Hoyt, who further
explained the proposal and stated they did riot expect to
have to build the ramp but were prepared to show it.
Commissioner Zylla asked the petitioner whether he under-
stood and agreed to proposed Condition No. 8. Mr. Hoyt
responded in the affirmative.
Extensive discussion ensued and Director Tremere explained
the recent City Council action regarding another developer
who had appealed that requirement.
Commissioner Marofsky stated it was important for the
petitioner to realize that a ramp could be required at any
time based upon the determination that a parking problem
existed, notwithstanding the specific percentage of the
building devoted to office space. Mr. Hoyt stated he under-
stood that but felt the ramp would never be needed as a
practical matter. He stated that as a matter of economics,
it would even be questionable whether it was worth retaining
the building if in fact a parking ramp were needed.
Director Tremere explained that as a matter of enforcement,
a perceived parking problem could be resolved in many ways
before the remedy of a ramp was needed.
NOTION TO DENY
VOTE - NOTION CARRIED
BRADLEY HOYT
REVISED SITE PLAN
CONDITIONAL USE
PERMIT (88003)
Page 102
Planning Commission Minutse
April 27, 1988
He explained the City Council's purpose of requiring the
covenant was to flag that possibility for future owners.
MOTION by Commissioner Wire, seconded by Commissioner
Stulberg, to recommend approval of the Conditional Use
Permit and Site Plan Amendment for Bradley Hoyt, subject to
the eight conditions listed in the draft recommendation.
Vote. 6 Ayes. MOTION carried.
APPROVAL OF MINUTES
MOTION by Commissioner Zylla, seconded by Commissioner
Marofsky, to approve the Minutes of the April 13, 1998 meet-
ing, noting two grammatical changes.
Vote. 6 Ayes.
OTHER BUSINESS
MOTION carried.
Director Tremere distributed additional information from
Barton-Aschman Associates regarding the City's parking
standards and the study they made of those standards. He
stated the Commission had directed the preparation of
additional information based upon the City's standards and
this would be available at the next meeting.
Fxtensive discussion ensued about the appropriateness of
reducing City parking standards when there did not appear to
be a pressing problem other than the desire of property
owners and developers to increase the amount of buildable
land.
Commissioner Wire stated he was particularly concerned that
evidence might seem to indicate today that a particular
shopping center and its tenant mix did not need as many
spaces; however, the zoning, such as B-3, might allow more
intense uses that would generate a higher level of parking
in the future for the same shopping facility. He stated the
City Ordinance must anticipate that event.
Commissioner Marofsky noted that there is a significant
degree of overlap in the Zoning Ordinance between the B-2
and B-3 Districts and thus, it is difficult to explain why
the current Ordinance parking standards require one level
for shopping centers in the B-2 District and another level
for virtually the same development in the B-3 District.
Director Tremere noted that the study indicates the need to
clarify the City standards, although it does not suggest
that the City must reduce its standards.
MOTION TO APPROVE
VOTE - MOTION CARRIED
MOTION TO APPROVE
VOTE - MOTION CARRIED
Page 103
Planning Commission Minutes
April 27, 1988
Discussion ensued as to whether there was a need to
eliminate or radically chanqe the design standards. It was
the consensus that there does not appear to be a major
problem or need to change the design standards at this time.
Director Tremere indicated that the Public Hearing on this
matter had been continued and that the development interests
who had indicated an interest in this subject would be
notified.
ADJOURNMENT
The meeting adjourned at 11:15 P.M.
Steven B. Szarke
Joseph Lencze�vski
Laurie Brandt
City Clerk
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
LAW OFFICES
Thornes Building - Buffalo, MN 55313
May 4, 1988
In Re: Francis C. Bauer v. City of Plymouth and
Plymouth Firefighters Relief Association
Dear Ms. Brandt:
3
Buffalo - (612) 682-4621
Metro - (612) 332-2808
Enclosed herewith and served upon you by regular U. S. Mail is Plaintiff's
Summons and Complaint, together with Notice and Acknowledgment of Service by Mail
in the above referenced matter.
Kindly sign and return in the enclosed self addressed and stamped envelope,
one copy of the Acknowledgment of Service executed by you.
Very truly yours,
Steven B. Szarke
SBS:rmj
Enclosures
cc: Francis C. Bauer
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Francis C. Bauer,
Plaintiff,
VS.
City of Plymouth, State of Minnesota; and
Plymouth Firefighters Relief A6sociation,
Defendants.
NOTICE
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Contract
NOTICE AND ACKNOWLEDGMENT
OF SERVICE BY MAIL
TO: Laurie Brandt, City Clerk, City of Plymouth, 3400 Plymouth Boulevard,
Ploymouth, Minnesota 55447.
The enclosed Summons and Complaint are served pursuant to Rule 4.05 of the
Minnesota Rules of Civil Procedure.
You must complete the acknowledgment part of this form and return one copy
of the completed form to the sender within 20 days.
Signing this Acknowledgment of Receipt is only an admission that you have
received the Summons and Complaint, and does not waive any other defenses.
You must sign and date the acknowledgment. If you are served on behalf of
a corporation, unincorporated association (including a partnership), or other
entity, you must indicate under your signature your relationship to that entity.
If you are served on behalf of another person and you are authorized to receive
process, you must indicate under your signature your authority.
If you do not complete and return the form to the sender within 20 days,
you (or the party on whose behalf you are being served) may be required to pay
any expenses incurred in serving a Summons and Complaint in any other manner
permitted by law.
If you do complete and return this form, you (or the party on whose behalf
you are being served) must answer the Complaint within 20 days. If you fail to
do so, judgment by default will be taken against you for the relief demanded in
the Complaint.
I declare, under penalty of perjury, that this Notice and Acknowledgment
of Receipt of Summons and Complaint was mailed on May 4, 1988.
Dated •— �i ' �y..,- 1 �_—
44 : (�/ �
`tel
�=3
ACKNOWLEDGMENT OF RECEIPT OF
SUMMONS AND COMPLAINT
I declare under penalty of perjury, that I received a copy of the Summons
aqd of the Complaint in the above -captioned matter at L7.._�`c -E -3 /o c
y / I ( Insert address
Dated: 1-7,3.
Relati nship to Entity Authority to
Receive Service of Process
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Francis C. Bauer,
Plaintiff,
vs.
City of Plymouth, State of Minnesota; and
Plymouth Firefighters Relief Association,
Defendants.
THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
Z
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Contract
YOU are hereby summoned and required to serve upon Plaintiff's attorney
an Answer to the Complaint, which is herewith served upon you, within twenty
(20) days after service of this Summons upon you, exclusive of the day of
service. If you fail to do so, judgment by default will be taken against
you for the relief demanded in the Complaint.
Dated: L�f
SZARKE & LENCZEWSKI LAW OFFICES
By:
Steven ,B. Szarke
Attorney for Plaintiff
Thomes Building
Buffalo, MN 55313
Telephone: (612)682-4621
Metro -line: (612)332-2808
Attorney I.D. #108145
STATE OF MINNESOTA
COUNTY OF HENNEPIN
- - - - - - - - - - - - - - - - - - -
Francis C. Bauer,
Plaintiff,
VS.
City of Plymouth, State of Minnesota; and
Plymouth Firefighters Relief Association,
Defendants.
= 3
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Case Type: Contract
COMES NOW THE PLAINTIFF and for his claim and cause of action against the
Defendants, states and alleges:
That Plaintiff Francis C. Bauer, is now and at all times mentioned herein
was, a resident of Hennepin County, State of Minnesota.
II.
That Defendant, City of Plymouth, is a municipal corporation located in Hennepin
County, and duly organized and existing under the laws of the State of Minnesota.
III.
That Defendant, Plymouth Firefighters Relief Association, hereinafter "PFRA",
is now and at all times relevant herein was, an entity created and existing by
virtue of city ordinances and the laws of this state.
IV.
That Plaintiff was the Chief of the Plymouth Fire Department from the time
of its inception in January of 1960 until his retirement in March of 1980.
=- 3
That Plaintiff was paid on a salary basis for which he was required to participate
in the Public Employer's Relief Association, hereinafter "PERA", resulting in
set percentage contributions from Plaintiff's salary together with corresponding
contributions paid by Defendant, Plymouth Fire Department.
VI.
That Plaintiff as a firefighter and for his years of service was eligible
and does receive a monthly service pension from PFRA whose funding is primarily
based on state aid via premiums paid for fire insurance es.
VII.
That in 1980 Plaintiff began receiving a monthly PERA annuity in the amount
of $202.00 together with a monthly PFRA service pension of $170.00 in accordance
with the PFRA bylaws in effect at the time of his retirement.
A copy of said bylaws is attached as Exhibit A, and made a part of the pleadings
by reference.
VIII.
On December 21, 1981, the City Council of Defendant City of Plymouth and
Defendant PFRA approved Resolution No. 81-875, whereby the bylaws in effect at
the time of Plaintiff's retirement were superceded by new bylaws providing in
part for an increase in monthly service pensions and containing an offset provision
reducing one's PFRA pension by the amount of the member's PERA pension.
IX.
That said offset provision excludes from reduction those receiving a pension
from the Association as of December 9, 1981. A copy of the relevant section(s)
3
of the new bylaws are attached hereto, marked Exhibit B, and incorporated by reference
herein.
X.
That by virtue of the above stated provisiai, Defendants have withheld any
increase to Plaintiff's service pension, while other retired members of PFRA have
benefitted by the monthly increase.
XI.
That on October 22, 1984 Defendant City of Plymouth and PFRA again superseded
the old bylaws for new bylaws increasing the monthly service pensions and restated
the terms of the offset provision, thereby denying Plaintiff of a second service
pension increase. (See Exhibit C attached)
XII.
That pursuant to the 1981 and 1984 bylaws Plaintiff was and is entitled to
receive any and all pension increases paid to retired Plymouth Fire Department
employees engaged in firefighting activities.
XIII.
That at the time of Plaintiff's retirement until the present, Defendant Plymouth
Fire Department has paid to Plaintiff a pension of $170.00 per month based on
the years of service multiplied by $8.50. The 1981 bylaws provided for an increase
in pension to $11.50 per completed year of service while the 1984 bylaws further
increased this amount to $15.00 per completed year of service. The amount Plaintiff
would have received if Plaintiff's pension had been increased in proportion to
the increases is $8,560.00 in addition to that already received as of April 30,
1988..
3
XIV.
That Defendants have rejected and denied Plaintiff's clain for pension
increases.
WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
1. Plaintiff's existing pension benefits be increased commensurate with
Resolution No. 81-875, and the 1984 bylaws;
2. For $8,560.00 as compensation, for pension benefits accrued and unpaid;
3. Prejudgment interest from July 1982, the effective date of increase;
4. Costs and disbursements herein together with such other relief as the
court may deem just and proper.
SZARKE & LENCZEWSKI LAW OFFICES
Dated: �i X`� / j By:_moi" Id '14L
Steven B. Szarke
Attorney for Plaintiff
Thomes Building
Buffalo, MN 55313
Telephone: (61.)682-462'.
Metro -line: (612)332-2808
Attorney I.D. #108145
0
V.141•q • V� h�
Plaintiff acknowledges that costs, disbursements, and reasonable attorney
and witness fees may be awarded to the opposing party pursuant to Minn. Stat.
549.21.
Dated: S-A S9'
SZARKE & LENCZEWSKI LAW OFFICES
Steven B. Szar e
Attorney for Plaintiff
Thomes Building
Buffalo, MN 55313
Telephone: (612)682-4621
Metro -line: (612)332-2808
Attorney ID #108145
3
EXHIBIT A
BYLAWS
OF
THE PLYMOUTH FIREFIGHTER'S RELIEF ASSOCIATION;
ARTICLE I
OFFICERS, TkUSTEES AND COMMITTEES
SECTION 1. BOARD OF TRUSTEES.
�T
The Board of Trustees shall be composed of six general trustees
elected annually for the same term; and the Mayor, City Manager, Director
of Finance and Chief of the Fire Department of the City of Plymouth, Minne-
sota, shall be ex -officio members of the Board of Trustees and shall have
the same rights, privileges, duties and liabilities as the other members
of the Board of Trustees, which is referred to hereinafter as the "Board."
SECTION 2. TERM.
Each general trustee elected at the organizational meeting of the
members shall hold office until the date of the first Annual Meeting of the
Association and until a successor has been elected and has qualified. There-
after, each general trustee shall hold office for the term of one year until
a successor has been elected and has qualified.
SECTION 3. ELECTIONS.
Each general trustee shall be a member of the Association and
shall be elected by the members at the regular Annual Meeting.
SECTION 4. VACANCIES.
Vacancies in office or any other vacancy on the Board shall be
filled by the remaining members of the Board for the unexpired portion of
the term.
SECTION 5. REMOVALS.
Any general trustee may be removed for cause at a Special Meeting
of the members by a majority vote of those entitled to vote at an election
of trustees. No general trustee shall be removed unless notice of the meeting
at which removal is to be considered states such purpose. When a general
trustee has been removed, a new general trustee shall be elected at the same
meeting to serve until the next Annual Meeting of the members and until their
successors have been elected and have qualified.
SECTION 6. OFFICERS.
At the first meeting of the trustees following the Annual Meeting
of the members, the trustees shall elect from among the trustees a P-esident,
Vice -President, Secretary and Treasurer.
SECTION 7. COMPENSATION.
Trustees, as such, shall receive no compensation, but the
officers may receive such compensation as shall be fixed by the Board
from time to time.
SECTION 8. OTHER COMMITTEES.
The Board may designate other committees, the members of which
shall be appointed by the President, subject to the consent of the Board.
ARTICLE II
POWERS AND DUTIES OF OFFICERS AND BOARD OF TRUSTEES
SECTION I. POWERS AND DUTIES OF BOARD OF TRUSTEES.
The Board shall have exclusive control and management of all
property and funds of the Association, from whatever source derived, and
shall constitute the governing body of the Association with full power
and authority to carry out the objectives and purposes of the Association
as set forth in the Articles of Incoporation and the Bylaws and the laws
of the State of Minnesota. Except as otherwise provided, the Board shall
act only at meetings and by majority vote of those present.
SECTION 2. PRESIDENT'S DUTIES.
The President shall preside at all meetings of this Association
and at all meetings of the Board, sign all checks drawn by the Treasurer,
for the payment of such sums of money as may from time to time be disbursed
by the Association, sign such certificates and notices as may need the
President's signature to authenticate them, and have general supervision
over the Association and its affairs.
SECTION 3. VICE-PRESIDENT'S DUTIES.
The Vice -President shall assist the President. The Vice -
President shall perform the duties of President during the absence or
disability of the President and, in the case of a vacancy in the office
of President, until a successor has been chosen and has qualified.
SECTION 4. SECRETARY'S DUTIES.
Subd. 1. The Secretary shall give the required notice of all
meetings of the Association and all meetings of the Board. The Secretary
shall notify each officer and each general trustee of their election or
appointment to office. The Secretary shall keep (1) a minute book, noting
therein the proceedings at all meetings of the Association and Board;
-2-
(2) a membership roster listing the names and addresses of all members of
the Association together with the date when each member became or ceased
to be such; and (3) an account book in which shall be entered all money
transactions of the Association including the dates and amounts of all
receipts and the source from which derived and the dates and amounts of
all expenditures with the payee and object. The Secretary shall act as
custodian of the seal and records of the Association, sign its official
papers, give such notices as may be required, and perform such other
appropriate duties as may be directed by the Board.
Subd. 2. At each regular meeting of the Board, the Secretary
shall submit a report in writing, 'showing the names of all persons who
have become or ceased to be members since the last report, the names of
all persons to whom money has been paid, and the amount paid each, the
amount of money received since the last report and the source thereof,
the amount of money on hand, and where the same is invested or deposited,
and such other information as will show the financial condition of the
Association.
Subd. 3. At the end of each year, the Secretary and Treasurer
shall jointly prepare a detailed Annual Report of the receipts and expen-
ditures for the year, showing to whom and for what purpose all money has
been paid, and file such reports as are or shall be required by state law.
SECTION 5. TREASURER'S DUTIES.
Subd. 1. The Treasurer shall receive and safely keep all money
belonging to the Association from whatever -source derived, and shall
promptly enter in a book provided for the purpose an account of all money
received and disbursed by the Treasurer, shoring the source and objects
thereof with the date of each transaction. The Treasurer shall pay out
money only upon checks signed by the Treasurer and countersigned by the
President. Such checks, when paid and cancelled, shall be retained as
the Treasurer's vouchers. Such accounts and vouchers shall be exhibited
to the Board upon request.
Subd. 2. At each regular meeting of the Board, the Treasurer
shall make a report showing the Association's balances and receipts and
expenditures, by funds, since the last report. At the end of each year,
the Treasurer and Secretary shall jointly prepare a detailed Annual Report
of the receipts and expenditures of the Association showing to whom and
for what purpose all money has been paid, and file such reports as are
or shall be required by state law.
Subd. 3. The Treasurer shall, before commencing the duties
of the position, file with the Secretary a good and sufficient bond,
with sufficient surety approved by the Board, in the amount of $30,000
which may be received and held by the Treasurer at any one time. At any
time the Board may require the Treasurer to file an additional bond. The
cost of all bonds shall be borne by the funds of the Association.
-3-
ARTICLE III
FUNDS
SECTION 1. GENERAL FUND.
tW#Iri b
Subd. 1. The funds received by'this Association from dues, fines,
initiation fees, entertainments and other miscellaneous sources shall be
kept in a general fund on the books of the Secretary and Treasurer and may
be disbursed by the Board for the necessary expenses of administering the
fund or for equipment and maintenance of the Fire Department of the City
of Plymouth, Minnesota and for any purpose reasonably suited to the welfare
of the Association and its members as authorized by state law.
Subd. 2. Upon application, the Doard may in its discretion ad-
vance monies from the general fund to a disabled member. The amount of
such an advance shall not exceed the benefits available to the member from
the Volunteer Firemen's Benefit Association. All payments advanced pursuant
to this section shall be a loan to the member, to be repaid to the general
fund, without interest when the member receives disability benefits from
the Volunteer Firemen's Benefit Association. In obtaining the loan, the
member shall execute such documents as the Board may require from time to time.
SECTION 2. SPECIAL FUND.
All funds received by this Association from the tax levied by the
City of Plymouth for the benefit of the Association, all funds received from
the State of Minnesota or received by the City of Plymouth from the State of
Minnesota or received by the City of Plymouth from the State of Minnesota for
transfer to this Association, and all funds or property donated, granted or
devised to this Association for the benefit of this fund shall be kept in a
Special Fund on the books of the Secretary and the Treasurer and shall not
be disbursed for any purpose except as follows: annual dues for membership
in the Volunteer Firemen's Benefit Association, Treasurer's salary and official
surety bond; costs of audits and actuarial reports; investment expenses associated
with the Special Fund; medical fees involved in verifying claims for Relief
Association benefits and for the actual payment of benefits as specified by
these Bylaws.
SECTION 3. DISBURSEMENTS.
No disbursement of the funds of this Association shall be made except
by checks drawn by the Treasurer and countersigned by the President. Except
when issued for salaries, pensions and other fixed charges, the exact amount
of which has previously been determined by the Board, no checks shall be issued
until the claim to which it relates has been approved by the Board.
SECTION 4. DEPOSITS.
All money belonging to this Association shall be deposited to the
credit of the Association in such banks, trust companies or other depositories
as the Board may designate.
-4-
u'b`ib
SECTION 5. INVESTMENTS.
The funds of this Association may be invested by the Board in
such income paying properties and securities as may be authorized by
Minnesota Statutes.
ARTICLE -7
l
MEMBERSHIP
SECTION 1. MEMBERSHIP.
All active regular members of the Plymouth Fire Department may apply
to become members of the Association. New members must apply for membership
in this Association. Applications for membership shall be made in writing
on a form supplied by the Secretary and shall be accompanied by a sum equal
to one year's dues. The Board shall review and act on each application and
shall approve or deny membership, but if the latter, the Board shall state
its reasons in writing to the applicant. The Board shall not deny any such
application unless it finds the applicant is physically or mentally unsound
so as to present an unwarranted risk for the Association. Upon approval of
the application the applicant shall receive a Certificate of Membership
signed by the President and Secretary of the Association. Membership in
the Association shall automatically terminate if the member is no loncer
a member of the Plymouth Fire Department provided that this requirement
shall not apply to members who have retired.
SECTION 2. AGE REQUIREMENTS.
No person under the age of 18 or over the age of 45 shall be
accepted as a member of this Association from and after the date of adoption
of these Bylaws except that charter members, regardless of age, shall be
entitled to complete twenty (20) years of service.
SECTION 3. ANNUAL DUES.
All members shall pay as dues such sum as the Board from time to
time designates, but not to exceed $12.00 per year. Dues shall be payable
at the time of the regular Annual Meeting. A member failing to pay the
annual dues within 30 days from the date of the regular Annual Meeting
shall be mailed a written notice of the member's delinquency by the Secretary.
If the dues are not paid within 30 days after this notice is mailed, the
member's membership in this Association shall automatically terminate.
Any member so dropped may be reinstated upon payment of the delinquent dues
and a reinstatement fee of $10.00, but the application for reimbursement
shall first be acted upon by the Board.
-5-
SECTION 4. EXPULSION FROM MEMBERSHIP.
Any member may be expelled from this Association for cause, by
a two-thirds vote of all members of the Board at a -,pecial meeting.
Notice of the meeting and a written statement of charges shall be given
to such member, and the member shall be given an opportunity to be
heard at such meeting. Cause for expulsion shall include, but shall
not be limited to, resignation or discharge from the Fire Department of
the City of Plymouth, failure to account for money belonging to the Asso-
ciation, or feigning illness or injury for the purpose of defrauding the
Association. The Board shall state its reasons for expulsion in writing
to the affected member.
ARTICLE V
MEETINGS
SECTION 1. MEETINGS OF THE BOARD.
The Board shall meet each month, and special meetings of the
Board may be called by the President or by any two trustees upon two days'
written notice to all members of the Board,
SECTION 2. ANNIUAL MEETING.
The Annual Meeting of this Association shall be held on the
second Wednesday of February each year. The place of meeting shall be
designated and may be changed from time to time by the Board. If the
date of an Annual Meeting falls on a legal holiday, it shall be held on
the next succeeding business day.
SECTION 3. SPECIAL MEETINGS.
Special meetings of the members shall be called at any time
upon the written order of the President or of five members of this
Association. In either case, the order shall be filed with the Secretary
and the Secretary shall thereupon give written notice of the meeting to
each member of the Board and to each member of this Association entitled
to vote at the meeting. No other business shall be transacted at a
special meeting than that specified in the notice of meeting.
SECTION 4. QUORUMS.
Except as otherwise stated in these Bylaws, a majority of the
members of the Board shall constitute a quorum for the transaction of
any business at meetings of the Board and a majority of the members of
the Association shall constitute a quorum for the transaction of any
business at the annual or at any special meeting of the members. A number
less than a quorum may adjourn any meeting of the Board or the annual or
special meeting of the members,
-6-
V SECTION 5. NOTICE OF MEETINGS,
1'•
Except as provided otherwise in these Bylaws, notice of each
meeting of the Board and of each meeting of the members shall be given
by the Secretary to each officer, each general trus'�2e on call by the
chair, and to each member entitled to vote at the meeting notified by
written notice of the meeting.
SECTION 6. ORDER OF BUSINESS.
At the Annual Meeting, the order of business shall be as follows:
a) Call to order
b) Roll call
c) Reading of minutes of previous meetings
(d) Secretary's report
(e) Treasurer's report
(f) Committee reports
(g) Unfinished business
(h) New business
(i) Adjournment
SECTION 7. VOTING.
Each member in good standing shall be entitled to one vote upon
any matter voted upon by the membership. Cumulative voting and voting by
proxy shall not be permitted. Voting by mail may be permitted, but only
by order of the Board.
SECTION 8. RULES.
All meetings shall be conducted according to Robert's Rules of
Order, as revised.
ARTICLE VI
APPLICATIONS FOR BENEFITS
SECTION 1. FORM.
All applications for relief or pension benefits shall be made
in writing on forms supplied by the Secretary.
SECTION 2. APPLICATIONS FOR DISABILITY BENEFITS.
Subd. 1. All applications for disability benefits shall be
considered by the Board at a regular or special meeting of the Board next
following submission of the same. The application shall be accompanied
by a certificate from the attending City of Plymouth Fire Department Relief
Association physician, setting forth the nature of the illness or injury,
the cause and probable duration thereof. and the length of time the appli-
cant has been unable to perform firefighting duties. By making application
for disability benefits the member consents to examination by a physician of
the Associations choice.
-7-
Vt
=, 3
Subd. 21 Applications for disability benefits shall be submitted
to the Secretary by or on behalf of the applicant within 30 days after the
disability commences, and no disability benefits stall be paid for the period
of 10 days before the application is submitted.
Subd. 3. The decision of the Board with respect to any disability
benefit request or subsequent review shall be final. Disability benefits
may be terminated by the Board at any time, if in the Board's sole judgment
the firefighter is able to return to duty. In no case shall disability
benefits continue for a period of more than fifty-two (52) weeks from the
date the disability commenced.
SECTION 3. APPLICATION FOR PENSIONS.
All applications for pensions shall be submitted to the Secretary
and considered by the Board at the next following regular or special meeting
of the Board. Applications shall be verified by an oath of the applicant
and shall state the following:
(a) the
(b) the
the
(c) the
this
(d) such
age of the applicant;
period of service in and the date of retirement from
Fire Department of the City of Plymouth, Minnesota;
length of time the applicant has been a member of
Association; and
other and further information as the Board may require.
SECTION 4. APPROVAL OF APPLICATIO'S.
No benefit or pension shall be paid until the application therefor
has been approved by a majority vote of all members of the Board. No person
receiving a pension shall be paid any other benefits by this Association. In
refusing any application, the Board shall state its reasons in writing to the
applicant. The dollar amount of the pension approved shall be at the rate in
effect on the date of retirement..
ARTICLE VII
DEFINITIONS
SECTION I. DEFINITIONS.
Subd. 1. For the purposes of Articles VIII, IX, X and XI of
these Bylaws, the terms defined in this section shall have the following
meanings ascribed to them:
"Retired member" means a member:
(a) who has terminated active service with the Fire Department
of the City of the City of ,Plymouth, Minnesota;
Ila
(b) who has had an active period or periods of service in such
Fire Department of 20 years or more, although such service
need not be continuous;
(c) who has reached the age of 50 years of age or more; and
(d) who has been a member of this Association in good standing
for at least 10 years.
Subd. 2. "Disabled Member" means a member of this Association
who becomes physically incapacitated from active duty with the City of
Plymouth, Minnesota Fire Department because of illness or injury arising:
(a) as a direct and immediate result of fighting a fire or
answering a fire call assigned to this Department where
such injury or illness occurs at the fire scene or enroute
to or from the fire scene;
(b) during the course of and as an immediate result of partici-
pation in a bona fide City of Plymouth fire fighting training
session;
(c) within 48 consecutive hours of fighting a fire or answering
a fire call and which injury or illness can be shown to be
a direct result of such activity.
Subd. 3. "Surviving spouse" means the surviving spouse of a member
or a retired member of this Association who was living with the member as
spouse during the time the member was on active duty in the Fire Department
of the City of Plymouth, Minnesota, and, in the case of a retired member, who
was married to the memberrvivin ospouse"r more yshal1 notears rincluderetirement
survifrom
vingthe
spouse
Department. The term su g
who has deserted a member or retired member.
ARTICLE VIII
SERVICE PENSIONS
SECTION I. SERVICE PENSIONS.
Subd. 1. Upon approval of the application therefore, the sum of
$170 per month, plus rh20suea�s,$butOnoemorenthanfor
5255each
peradditional
shallar
of active service over Y
be paid to each retired member of the Association during the remainder of
the member's natural life.
SECTION 2. DEFERRED PENSIONS.
If a member of the Association has been a member of the Association
for ten (10) years or more and has
actively
butserved
not reachedmthehagerof
Department for twenty ( ) years ormore,
-9-
50 years, the member may terminate active service with the Plymouth Fire
Department and be placed on the deferred pension roll. When the member
reaches the age of 50 years, the member mai terminate active service with the
Plymouth Fire Department and be placed on the deferred pension
roll.
beWhen
the memuer reaches the age of 50, the member shall, upon app
entitled to a service pension at the rate in effect at the date the member
terminated active service. During the period a member is on the deferred
pension roll, the member will not be eligible for any of the disability
benefits as provided in Article IX, or for any benefit from the General
Fund of the Association, and the member shall be relieved of paying dues.
If a member dies while on the deferred pension roll, survivor's benefits
shall be paid according to Article X., Section 1 and Article XI, Section 2.
ARTICLE IX
DISABILITY BENEFITS
SECTION 1. DISABILITY BENEFITS.
Upon approval of the application therefore, the sum of $170 per
month shall be paid to each disabled member during the period of disability.
Benefits for periods of less than a month shall be computed at $5.67 per day,
and no benefit shall be paid for a disability of less than seven (7) days.
Such benefits shall be integrated with any benefits received from the Minnesota
Public Employees Retirement Association (PERA) for police officers and fire-
fighters.
ARTICLE X
SURVIVING SPOUSE'S AND CHILDREN'S PENSIONS
SECTION I. SURVIVING SPOUSE'S AND CHILDREN'S PENSIONS.
Upon the death of an active member, or a retired member who at
the time of the member's death was receiving a monthly service pension from
the Association, the surviving spouse shall be paid for the remainder of the
spouse's natural life or until the spouse remarries, the sum of $4.25 per
month for each year that such member or retired member served as an active
member of the Plymouth Fire Department, but in no event shall such pension
be less than $85 per month or more than $127.50 per month. In the event
such a member is survived by a minor child or children, such child or
children (as a group) shall be paid, until the youngest surviving child
reaches the age of 18 or marries, whichever occurs first, the sum of $4.25
per month for each year that such member or retired member served as an
active member of the Plymouth Fire Department, but in no event shall such
pension be less than $85 per month or more than $127.50 per month. Such
child's or children's pension shall be paid to the surviving parent or
guardian of the child or children.
-10-
ARTICLE XI
DEATH BENEFITS
SECTION I.
Upon the death of a member who at the time of the member's death
was an active member of the Plymouth Fire Department, the Association shall
pay the sum of $1,500 to the surviving spouse, or if the member leaves no
surviving spouse, to the member's surviving child or children, or if the
member leaves no surviving spouse or children, to the member's estate.
SECTION 2.
Upon the death of a retired member who at the time of the retired
member's death was receiving a monthly service pension from the Association,
the Association shall pay the sum of $1,000 to the retired member's surviving
spouse, or if the retired member leaves no surviving spouse, to the retired
member's surviving child or children, or if the retired member leaves no
surviving spouse, child or children to the retired member's estate.
Approved by Plymouth Fire Relief Association
Date:
President: `
Secretary/�—
Treasurer:�---r-� �= %'
Approved by Plymouth City Council
Date:
Resolution No. 78- -1 3 9
Mayor
City Manager _-----
EXHIBIT B
12/9/81R
Subd. 6. A "Surviving Child" means any surviving natural born or legally
adopted child who is: (a) living with the parents, dependent on the support
of the parents, attending school full-time and not over twenty-one (21) years
of ager or (b) living with the parents, dependent on the support of the parents,
not attending school full-time and not over eighteen (18) years of ager or (c)
living with the parents, dependent on the support of the parents, and physically
or mentally handicapped. All claims of physical or mental handicap shall be
subject to verification by the attending Relief Association physician and
approved by majority vote of the Board. Decisions of the Board with respect
to any determination regarding physical or mental handicap, or subsequent
review, shall be final.
ARTICLE VIII
SERVICE PENSIONS
SECTION 1: Monthly Pension. (a.) Until June 30, 1982 and upon approval of
the application as provided in ARTICLE VI, Section 4., a member who
has completed a minimum of ten (10) years of active service as a Firefighter,
shall be paid $ 8.50 per month for each complete year of service not to exceed
$255.00 per month, which is the equivalent of 30 years of service. For members
with less than twenty (20) years of service, this amount shall be reduced in
accordance with the percentage reduction in ARTICLE VIII, Section 3. This
payment commences at the age of fifty (50) years or at retirement date, whichever
is later and continues for the remainder of his or her natural life. Members
serving 20 or more years may be entitled to future increases in pension benefits.
(b.) Effective July 1, 1982 and upon approval of the application as provided in
ARTICLE VI, Section 4, a member who has completed a minimum of ten (10) years
of active service as a Firefighter, shall be paid $11.50 per month for each
complete year of service not to exceed $345.00 per month, which is the equivalent
-14-
12/9/81R
of 30 years of service. For members with less than twenty (20) years of service,
this amount shall be reduced in accordance with the percentage reduction in
ARTICLE VIII, Section 3. This payment commences at the age of fifty (50) years
or at retirement date, whichever is later and continues for the remainder of
his or her natural life. Members serving 20 or more years may be entitled to
future increases in pensions benefits.
SECTION 2: Lump Sum Pension. Upon approval of the application, a member who
has completed a minimum of ten (10) years of service as a Firefighter shall
have the option to receive a Lump Sum Pension of $1,150.00 per year of service
not to exceed an amount greater than $34,500 which is the equivalent of 30
years of service. For members with less than twenty (20) years of service,
this amount shall be reduced in accordance with the vesting percentage reduction
in ARTICLE VIII, Section 3. The Lump Sum Pension is in lieu of any other
benefits under these By Laws and shall be payable at the age of fifty (50) or
at retirement date, whichever is later. In the event of the death of the person
prior to the payment of the lump sun pension, it shall be paid to the Executor,
Administrator or Personal Representative of the deceased.
SECTION 3: Graded Vesting Percentage. Percentage of Benefits Payable Upon
Retirement is as follows:
YEARS OF SERVICE AT RETIREMENT
10
11
12
13
14
15
16
17
18
19
20
PERCENTAGE PAYABLE
-15-
hoe
64%
688
728
768
80%
84%
888
928
968
1008
PERCENTAGE REDUCTION
408
368
328
288
248
208
168
128
88
48
08
12/9/81R
SECTION 4: Deferred Pensions. If a member of the Association has been a member
of the Association for ten (10) years or more and has actively served in the
Plymouth Fire Department for ten (10) years or more, but has not reached the
age of fifty (50) years, the member may terminate active service with the Plymouth
Fire Department and be placed on the deferred pension roll. When the member reaches
the age of fifty (50) years, he shall be entitled to a service pension based on
his years of service and the benefit level in effect at the time he terminated such
service. The benefit calculated shall be multiplied by the percentage payable
based on years of service at termination. During the period a member is on the
deferred pension roll, the member will not be.eligible for any of the disability
benefits as provided in ARTICLE IX, or for any benefit from the General Fund of
the Association, and the member shall be relieved from paying dues. If a member
dies while on the deferred pension roll, survivor's benefits shall be paid
according to ARTICLE X, Sections 1 and/or 2, and ARTICLE XI, Section 2.
SECTION 5: Single Pension. (a). No person receiving a lump sum pension from
the Association shall be paid any other benefits by the Association. If a
member is receiving or is eligible to receive a Public Employees Retirement
Association (PERA) pension where the services were primarily for the Plymouth
Fire Department in actual fire fighting activities and the City of Plymouth was
the employer, then the Plymouth Volunteer Firefighters Relief Association
monthly pension that the member would receive under ARTICLE VIII, Section 1,
shall be reduced by the amount of the member's monthly PERA pension, provided,
however, that no person receiving a pension from the Association df
i461 r�iKe_-ti►at pension reduced by the applicatior: of this provision.
(b). If a member elects to receive a lump sum pension and the member is
receiving or is eligible to receive a PERA pension where the services were
primarily for the Plymouth Fire Department in actual fire fighting activities
-16-
12/9/8 1 R
and the City of Plymouth was the employer, then the lump sum pension that the
member would receive under ARTICLE VIII, Secti-on 2, shall be reduced by a
percentage equal to the percentage that the member's monthly pension would be
reduced under ARTICLE VIII, Section 5(a).
ARTICLE IX
DISABILITY BENEFITS
SECTION 1: Disability Benefits. Upon approval of the application, the sum of
$170.00 per month shall be paid to each disabled member during the period of
disability. Benefits for periods of less than a month shall be computed at 1/30
of monthly rate per day and no benefits shall be paid for a disability of less
than ten (10) days. Such benefits shall be integrated with any benefits received
from the Minnesota Public Employees Retirement Association (PERA) for Police
Officers and Firefighters.
ARTICLE X
SURVIVING SPOUSE'S AND CHILDREN'S BENEFITS
SECTION 1: Spouse's Benefits. Upon the death of an active member, or a retired
member with financial interest, the surviving spouse shall be paid for the
remainder of the spouse's natural life or until the spouse remarries, the sum
of fifty percent (50%) of earned benefits per month for each year that such
member served as an active member of the Plymouth Fire Department.
SECTION 2: Children's Benefits. Upon the death of an active member, or a
retired member with a financial interest, the child or children (as a group)
shall be paid until the youngest surviving child reaches the age of 18 years or
if a full time student the age of 21 years whichever occurs first, the sum of
fifth percent (50%) of earned benefits per month for each year that such member
served as an active member of the Plymouth Fire Department. Such child's or
children's pension shall be paid to the surviving parent or guardian of the
child or children.
-17-
Y"dyC J 1U/22/84
EXHIBIT C -7--3
Subd. 4. A "Disabled Member" means a member of this Association who becomes
physically incapacitated from active duty with the City of Plymouth, Minnesota,
Fire Department because of illness or injury arising: (a) as a direct and immed-
iate result of fighting a fire or answering a fire call assigned to this Depart-
ment where such injury or illness occurs at the fire scene or enroute to or from
the fire scene; or (b) during the course of and as an immediate result of parti-
cipation in a bona fide City of Plymouth fire fighting training session or main-
tenance detail; or (c) within 48 consecutive hours of fighting a fire or answer-
ing a fire call and which injury or illness can be shown to be the direct result
of such activity; or (d) during the course of or as an immediate result of
participating in an authorized meeting of the City of Plymouth Fire Department
Relief Association.
Subd. 5. A "Surviving Spouse" means any person who was the dependent spouse of
a deceased active member or retired former member living with the member at the
time of the death of the active member or retired former member for at least one
year prior to the date on which the member terminated active service and member-
ship.
Subd. 6. A "Surviving Child" means any surviving natural born or legally
adopted child who is: (a) living with the parents, dependent on the support of
the parents, attending school full-time and not over twenty-one (21) years of
age; or (b) living with the parents, dependent on the support of the parents,
not attending school full-time and not over eighteen (18) years of age; or (c)
living with the parents, dependent on the support of the parents, and physically
or mentally handicapped. All claims of physical or mental handicap shall be
subject to verification by the attending Relief Association physician and
approved by majority vote of the Board. Decisions of the Board with respect to
any determination regarding physical or mental handicap, or subsequent review,
shall be final.
ARTICLE VIII
SERVICE PENSIONS
SECTION 1: Monthly Pension. (a.) Until January 1, 1985 and upon approval of
the application as provided in ARTICLE VI, Section 4., a member who has
completed a minimum of ten (10) years of active service as a Firefighter, shall
be paid $ 11.50 per month for each complete year of service not to exceed
$345.00 per month, which is the equivalent of 30 years of service. For members
with less than twenty (20) years of service, this amount shall be reduced in
accordance with the percentage reduction in ARTICLE VIII, Section 3. This
payment commences at the age of fifty (50) years or at retirement date,
whichever is later and continues for the remainder of his or her natural life.
Members who have retired shall not be eligible for any future increase in
pension benefits. (b.) Effective January 1, 1985 and upon approval of the
application as provided in ARTICLE VI, Section 4, a member who has completed a
minimum of ten (10) years of active service as Firefighter, shall be paid $15.00
per month for each complete year of service not to exceed $450.00 per month,
which is the equivalent of 30 years of service. For members with less than
twenty (20) years of service, this amount shall be in accordance with the
percentage reduction in ARTICLE VIII, Section 3. This payment commences at the
age of fifty (50) years or at retirement date, whichever is later and continues
for the remainder of his or her natural life. Members who have retired shall
not be eligible for any future increase in pension benefits.
Page y
10/22/64
SECTION 2. Lump Sum Pension. Upon approval of the application, a member who
has completed a minimum of ten (10) years of service as a Firefighter shall have
the option to receive a Lump Sum Pension of $1,500.00 per year of service not to
exceed an amount greater than $45,000 which is the equivalent of 30 years of
service. For members with less than twenty (20) years of service, this amount
shall be reduced in accordance with the vesting percentage reduction in ARTICLE
VIII, Section 3. The Lump Sum Pension is in lieu of any other benefits under
these By Laws and shall be payable at the age of fifty (50) or at retirement
date, whichever is later. In the event of the death of the person prior to the
payment of the lump sum pension, it shall be paid to the Executor, Administrator
or Personal Representative of the deceased.
SECTION 3: Graded Vesting Percentage. Percentage of benefits payable upon
retirement is as follows:
YEARS OF SERVICE
AT RETIREMENT
PERCENTAGE PAYABLE
PERCENTAGE REDUCTION
10
60%
40%
11
64%
36%
12
68%
32%
13
72%
28%
14
76%
24%
15
80%
20%
16
84%
16%
17
68%
12%
18
92%
8%
19
96%
4%
20
100%
0%
SECTION 4: Deferred Pensions. If a member of the Association has been a member
of the Association for ten (10) years or more and has actively served in the
Plymouth Fire Department for ten (10) years or more, but has not reached the age
of fifty (50) years, the member may terminate active service with the Plymouth
Fire Department and be placed on the deferred pension roll. When the member
reaches the age of fifty (50) years, he shall be entitled to a service pension
based on his years of service and the benefit level in effect at the time he
terminated such service. The benefit calculated shall be multiplied by the
percentage payable based on years of service at termination. During the period
a member is on the deferred pension roll, the member will not be eligible for
any of the disability benefits as provided in ARTICLE IX. If a member dies
while on the deferred pension roll, survivor's benefits shall be paid according
to ARTICLE X, Sections 1 and/or 2, and ARTICLE XI, Section 2.
SECTION 5: Single Pension. (a). No person receiving a lump sum pension from
the Association shall be paid any other benefits by the Association. If a
member is receiving or is eligible to receive a Public Employees Retirement
Association (PERA) pension where the services were primarily for the Plymouth
Fire Department in actual fire fighting activities and the City of Plymouth was
the employer, then the Plymouth Volunteer Firefighters Relief Association
monthly pension that the member would receive under ARTICLE VIII, Section 1,
shall be reduced by the amount of the member's monthly PERA pension, providing,
however, that no person receiving a pension from the Association as of December
9, 1981 shall have that pension reduced by the application of this provision.
IU/22/b4
�:-3
(b). If a member elects to receive a lump sum pension and the member is receiv-
ing or is eligible to receive a PERA pension where the services were primarily
for the Plymouth Fire Department in actual fire fighting activities and the City
of Plymouth was the employer, then the lump sum pension that the member would
receive under ARTICLE VIII, Section 2, shall be reduced by a percentage equal to
the percentage that the member's monthly pension would be reduced under ARTICLE
VIII, Section 5(a).
ARTICLE IX
DISABILITY BENEFITS
SECTION 1: Disability Benefits. Upon approval of the application, the sum of
$170.00 per month shall be paid to each disabled member during the period of
disability. Benefits for periods of less than a month shall be computed at 1/30
of monthly rate per day and no benefits shall be paid for a disability of less
than ten (10) days. Such benefits shall be integrated with any benefits
received from the Minnesota Public Employees Retirement Association (PERA) for
Police Officers and Firefighters.
ARTICLE X
SURVIVING SPOUSE'S AND CHILDREN'S BENEFITS
SECTION 1: Spouse's Benefits. Upon the death of an active member, or a retired
member with financial interest, the surviving spouse shall be paid for the
remainder of the spouse's natural life or until the spouse remarries, the sum of
fifty percent (50%) of earned benefits per month for each year that such member
served as an active member of the Plymouth Fire Department.
SECTION 2: Children's Benefits. Upon the death of an active member, or a
retired member with a financial interest, the child or children (as a group)
shall be paid until the youngest surviving child reaches the age of 18 years or
if a full time student the age of 21 years whichever occurs first, the sum of
fifty percent (50%) of earned benefits each month for each year that such member
served as an active member of the Plymouth Fire Department. Such child's or
children's pension shall be paid to the surviving parent or guardian of the
child or children.
ARTICLE XI
DEATH BENEFITS
SECTION 1: Upon the death of a member who at the time of the member's death was
an active member of the Plymouth Fire Department, the Association shall pay the
sum of $1,500.00 to the surviving spouse, or if the member leaves no surviving
spouse, to the member's surviving child or children, or if the member leaves no
surviving spouse or children, the member's estate.
SECTION 2: Upon the death of a retired member with a financial interest, the
Association shall pay the .sum of $1,000.00 to the retired member's surviving
spouse, or if the retired member leaves no surviving spouse, to the retired
member's surviving child or children, or if the retired member leaves no
surviving spouse, child or children, to the retired member's estate.
speclai repo
Hennepin County Solid Waste Disposal & Recovery
St. Louis Park is leader
Hennepin cities recycle 6.8 percent
of solid waste, or 67,175 tons, in 1987
Nearly 7 percent of the solid waste
generated in Hennepin County last year
was recycled through municipal source -
separation and yard -waste programs,
with St. Louis Park leading the way with
a recycling rate of 18.7 percent,
according to final 1987 figures compiled
by the county Department of
Environment and Energy.
The county recycling rate of 6.8 percent
represents 67,175 tons of the 982,812
tons of waste produced within Hennepin
County last year. This new recycling
activity is in addition to another 23
percent of the waste which has been
recovered through traditional recycling
efforts, such as commercial and
industrial programs.
St. Louis Park
St. Louis Park's 18.7 percent rate
means that 8,932 tons of the 47,761
tons of household, commercial and
industrial, and yard waste generated in
the city last year were recycled.
"I am very proud that St. Louis Park is
the first community in Hennepin County
to surpass the county's recycling goal
of diverting at least 16 percent of the
waste stream from landfills by 1990,"
said County Commissioner Mark
Andrew, whose district includes St.
Louis Park. "The city was the first
community in the metro area to provide
each household with a set of recycling
bins, with recyclables being picked up
at the curb or alley twice a month."
Cities which had a recycling rate of 10
percent or more in 1987 were Tonka
Bay (11.3 percent), Robbinsdale (11.2
percent), Plymouth/Medicine Lake (10.7
percent), and Minneapolis (10.4 percent,
representing 38,823 tons recycled of the
total tonnage of 373,142).
industrial activities), Shorewood (8.3
percent), Richfield (8.1 percent), Mound
(7.6 percent), Golden Valley (6.9
percent, mostly through commercial and
industrial efforts), and Champlin (6.6
percent).
Percentages
Other communities: Excelsior (2.2
percent), Woodland (3.9 percent), Edina
(3.7 percent), Minnetrista (3.7 percent),
Crystal (3.5 percent), Wayzata (3.2
percent), Deephaven (2.7 percent),
Rogers/Hassan Township (1.4 percent),
West Hennepin Recycling Commission
consisting of Medina, Greenfield,
Independence, Long Lake, Loretto,
Maple Plain, Minnetonka Beach and
Orono (5.7 percent), St. Bonifacious (2.1
St. Louis Park
............................ .
Rakbktir
ply,mgt
Minne.E
St. Ant
percent), Hopkins (1.7 percent),
Greenwood (1.4 percent), Spring Park
(1.1 percent), Dayton (0.5 percent),
Brooklyn Center/Brooklyn Park (0.2
percent), and Eden Prairie (0.2 percent).
As for 1988, household participation
and materials collected in the City of
Plymouth's recycling program both have
increased significantly since the
program expanded to weekly collection
of recyclables Feb. 1.
Participation has increased to about
6,000 stops per week from about 2,000
stops a month, while the amount of
materials collected has increased from
an average of 20 tons a week with the
continued on reverse side
.........................................................................................
Municipalities Meeting 1987
Recycling Goals
6% (1987 Goal) 1
Shgrew9g0 .........................
Rich.(iel.d........... .....................
G01den Valley.
Other cities which had recycling rates of Champlin_._...__.._....._..
at least 6 percent were St. Anthony (9
percent), Minnetonka (8.3 percent, i
primarily through commercial and ....___-
.........................................
6% (1990 goal)
5% t0% 15% 20%
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a special report
1987 recycling figures
continued from front
former system of monthly pick-up to
more than 60 tons a week. The
increases are attributable to weekly
collection service, distribution of blue
recycling containers to each city
household (excluding apartment
complexes), and the opportunity for
participants to win a cash prize.
Last month the County Board adopted a
resolution which states that each city
have a residential recycling program
which takes care of at least 10 percent
of that city's household wastes by May
1, 1989. If a city fails to reach that goal,
the county will implement a mandatory
source -separation program and bill the
city for all of the program costs.
Hennepin County has budgeted about
$2.75 million for recycling grants to
communities in 1988.
Plymouth program
Household participation and tonnages
collected have risen sharply since
Plymouth expanded Its residential
recycling program from twice -a -month to
weekly pick-up in February. Recycling
bins were distributed to each household,
excluding apartment units, and
participants have an opportunity to win a
cash prize.
UeapnUv Ut10p 'ao'ITPU
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Compost
distribution
under way
Free compost is being made available
to the public this spring by Hennepin
County and several cities. Most of the
distribution sites, including Hennepin's
locations in Eden Prairie, Hopkins and
Maple Grove, opened April 1.
The county's Eden Prairie and Maple
Grove sites also accept yard wastes—
leaves and grass clippings—from April 1
through Nov. 30.
The total yard waste delivered to county
sites increased dramatically from 1986
to 1987. Slightly more than 24,000
cubic yards, or about 7,857 tons, were
delivered in 1986. Last year, nearly
47,000 cubic yards, or about 14,750
tons, were delivered. County efforts
during 1987 to actively promote
community collection of yard waste from
individual properties were very
successful in diverting substantial
quantities of leaves and grass clippings
from landfill disposal and into the
county composting program.
Cities which are operating distribution
sites are Bloomington (two sites),
Brooklyn Center, Brooklyn Park,
Champlin, Corcoran, Dayton, Edina,
Excelsior, Golden Valley, Hopkins,
Medina, Minneapolis (four street
maintenance district sites), Minnetrista,
Mound, New Hope, Orono, Plymouth,
Richfield, Robbinsdale, St. Anthony, St.
Louis Park and Wayzata.
Composting reduces the need for
landfilling yard wastes, while providing
gardeners with an excellent soil
conditioner. The county program has
been in operation since 1972.
7- - Scx-.�'
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
DATE: May 9. 1988
TO
FROM
MEMO
Frank Boyles - Assistant City Manager
Darrel Anderson - Crime Prevention Officer
SUBJECT HOLIDAY PLUS INCIDENTS - 12/01/87 THROUGH 05/05/88
This is a summary of incidents occurring at Holiday Plus for the dates indicated. It
should be noted that five of the incidents required more than one type of police
service; however, are only counted as one incident. That would include such things as
a shoplifting call where drugs were found or warrant arrests were made.
Parking
35
Shoplifting
29
Lockouts
14
Misc Public 8 Other
8
Accidents
6
Forgery
3
Damage to Property
2
Other Theft
2
Suspicion
2
Public Nuisance
2
Medicals
I
Warrant Arrests
1
TOTAL INCIDENTS 105
DA: as
cc: Richard J. Carlquist - Public Safety Director
Sergeant Thomas Saba
DATE: April 24, 1988
TO: Chief Carlquist
FROM: CSO Dave Phillips
SUBJECT: SNOWMOBILE STATISTICS/PATROL RESPONSE TO COMPLAINTS
SYNOPSIS•
Recently I had submitted
compiled statistics related
enforcement. Of approxi
Plymouth citizens, three to
given by officers. Upon in
extremely small numbers as
In this memo I will offer
there appears to be a small
BACKGROUND:
=- S b
to you a short report in which I had
to snowmobile complaints and patrol
mately 80 complaints received from
gs were issued and 13 warnings were
itial review, these would appear to be
compared to the amount of complaints.
some explanations pertaining to why
number of enforcement contacts.
Elements to consider in regards to snowmobile enforcement actions
include: call response time, snowmobile mobility, and Officer
enforcement of misdemeanors occurring in his presence. Examining
these elements helps to explain why officer contacts, warnings,
and citations have been limited.
I. Officer Response Times In scanning through ICR's related to
snowmobile complaints, it can be seen that Officer response
times appear reasonable for snowmobile complaints which are
considered "non -emergency" calls. Average arrival times
vary from two minutes to approximately fourteen minutes from
receipt of original complaint. If a trespassing snowmobile
is traveling at a conservative 20 mph and Officer response
time is two minutes, the suspect has traveled approximately
two thirds of a mile before Officer arrival. The
enforcement aspects of this are frustrating. Not only has
the trespassing snowmobile traveled a great distance prior
to the Officer's arrival, but additional time may be wasted
as the officer attempts to determine direction of travel and
discuss the situation with the complainant.
II. Snowmobile "Mobility" The snowmobile is an incredibly fast
all terrain machine. This factor presents many difficulties
to the patrol officer who must respond to complaints,
identify the violator, and take further enforcement action.
Snowmobile operators who have trespassed have proven that
they will not confine their travels to the road.
Snowmobilers traveling from a complainants address may cut
over lakes, and travel over public trails, as well as other
residential properties. On numerous occasions, Officers
have followed tracks as far as possible. In some instances
probable violators have been tracked and identified. In
many other instances, however,
7:_
Page 2
Officers have been unable to follow the suspect due to
numerous reasons including terrain tracks lost, other calls
pending, etc. Manv times Officers observe the fresh tracks
but are unable to proceed into areas of thick foliage and
deep snow.
III. Officer Enforcement of Misdemeanor It must be realized that
even if a suspect is tracked down and identified, the
Officer may issue a citation only for those misdemeanors
occurring in his presence. This would explain many of the
verbal warnings. In these cases, an Officer would follow
the tracks of a trespassing snowmobile to his residence and
observe a snowmobile which was probably involved in the
incident. The Officer may have a pretty good idea in his
mind who did the trespassing and what machine was used, but
unless he actually observed the trespass incident, a
citation may not be issued. An Officer may however, in this
instance cite the vehicle for any registration or equipment
violations which he observes if the vehicle has been seen
operating on a public street. A person who is victim of a
snowmobile trespass may issue a complaint against the
operator if he/she is able to successfully identify the
machine and operator. This may be quite a task, however as
winter clothing and helmet would obscure identifiable
features, and often times complainants see nothing more than
a fast moving streak crossing their property. For this
reason, formal complaints from victims of trespass are
extremely rare. A patrol officer may not tag a car he did
not observe speeding nor can he tag a snowmobile for
trespassing unless it occurred in his presence.
From what I have read in the ICR's, the following scenario is
fairly typical: An Officer will receive a complaint of
snowmobile trespass (or some other violation) and respond to the
residence. By the time the Officer reaches the residence,
private property, or public property, the violator is usually
long gone. Sometimes upon pulling up to the residence the
Officer may observe a snowmobile lawfully operating on the public
street. At this time, the Officer will talk to the individual
about operation of his machine and inquire where the machine was
being operated. Usually regardless of circumstances, the patrol
officer will advise the snowmobiler to keep off private property
regardless if the Officer saw a violation or not just to cover
all bases.
Snowmobiles are extremely fast, (some are capable of speeds in
excess of 80 mph), and they are able to conquer most types of
terrain unlike the Officer's squad car. Officers must respond
routinely to this type of call and any minute which goes by since
the offense means a great amount of distance between the Officer
and the suspect. In addition officers must fairly and reasonably
enforce all traffic misdemeanor offenses.
Sb
Page 3
Officers who take enforcement of snowmobile trespass and other
ordinances to the extreme must also face the possibility of
injuries to the suspect and possibly to others if the violator
decided to flee. In most cases the capabilities and speeds of
the machine far exceed the capabilities of those who operate
them. Officers desire to enforce snowmobile ordinances and
statutes but must use extreme caution when deciding how
aggressively to pursue a suspect.
D. Phillips/bd
PLYMOUTH TOWN MEETING FORMAT
AREA 1
May 9, 1988
I. INTRODUCTIONS - Mayor Virgil Schneider
II. STATUS REPORTS ON ISSUES OF INTEREST - City Department Heads
III. QUESTIONS FROM RESIDENTS IN ATTENDANCE
IV. CLOSING COMMENTS - Mayor Virgil Schneider
V. ADJOURN
RESIDENT FEEDBACK FORM
Please use this form if you have a question or concern which you would like
the City to investigate. If you provide your name, address and phone
number, we will advise you of our actions and findings with respect to your
concern. ��wQ.� ��so�. �kj `` Oc,�►- �orne,
NATURE OF CONCERN/PROPERTY ADDRESS INVOLVED: C7`
ACTION YOU DESIRE THE CITY TO TAKE:
NAME OF CONCERNED RESIDENT: C
ADDRESS OF RESIDENT: L '5t� 4 e, -*s "6 -t ,
PHONE NUMBER: L-� —) 3 --15� j.?, -t
1 G(A.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: May 4, 1988
TO: dames G. Willis, City Manager
FROM: Bob Zitur
SUBJECT 2615 SYCAMORE LANE - BOB FRAKES
Bob called me around noon today and stated that street sweepings were left
on his side of the creek. According to Bob, the sweepings contain a lot of
salt and should be removed. He also stated that on property across the
creek, there has been dumping going on. He questioned whether this was city
property. Is this city property and how can we put a stop to the dumping?
Finally, I have known Bob for many years and he has been a trash
picker -upper as long as I have. We both agree that we longer want to be in
this type of business!
7', w+ '.
I looked at this site this morning, along with Tom Vetsch. While we
were there, Bob Frakes also came out and we talked with him.
A load of sweepings were placed by the City in a washout along the curb
on 26th Avenue. This washout needs to be filled, but it was a poor
choice of material. Tom will have the street sweepings removed and the
washout filled with black dirt and seeded as soon as possible.
The other part of his complaint dealt with dumping on the property
across the creek and behind his lot. This is not City owned property
and we only have an easement for our trailway along the creek. The
property is owned by the adjacent businesses within the Northwest
Business Campus. The dumping, which Mr. Frakes refers to, is material
which is being blown onto the property from either litter along the
street or trail, or litter being thrown onto the property from passing
vehicles or pedestrians using the trail. The location of this litter is
out of sight from the property owners. You may wish to have them
notified that they should periodically review this property and remove
the necessary debris.
. FGM:kh
-7—_S7.e,— .
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: May 5, 1988
TO: James G. Willis, City Manager
FROM: Bob Zitur
SUBJECT Wayne Hokemier (544-2256)
9630 - 37th Place No.
Wayne would like to have a slow or warning sign installed at old County
Road 9 and Larch Lane. There is a dip in the road at this location which he
claims is dangerous. Please have staff investigate it and give Wayne a call
or letter on its disposition.
Thanks
"-_r_.. - S Az
0
CI?Y O'
May 10, 1988 PW bUT R
Mr. Wayne Hokemier
9630 37th Place
Plymouth, MN 55441
Dear Wayne:
I have reviewed the intersection of Old County Road 9 and Larch Lane
concerning the need for a warning sign of the dip in the roadway.
When traveling at, or below, the legal speed limit, 30 m.p.h., this
dip is not hazardous, but is a surprise to the driver. For this
reason, I have instructed the street supervisor to install an advance
warning sign on either side of the intersection to warn motorists of
the dip.
This summer, Old County Road 9 will be resurfaced with asphalt. As
part of this resurfacing, the road will be reconstructed to eliminate
a majority of the dip. I wish to thank you for calling this matter to
our attention.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
enclosure
cc: James G. Willis, City Manager
Tom Vetsch, Street Supervisor
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
May 9, 1988
Mr. John Hutar
15000 43rd Avenue North
Plymouth, MN 55446
Dear Mr. Hutar:
The City Council and I have your May 2, 1988 letter. I regret that you are upset about
the development activity on the land near your property.
I recently learned of the concern by other residents in this area about the grading
which was undertaken and, I have visited the site twice. I have questioned whether the
developer has been as sensitive to the preservation of natural amenities and trees as
he indicated he would be, a couple of years ago, when the City Council reviewed and
approved his plans.
I asked the City staff to contact the developer and to indicate that the City Council
would specifically review the concerns when the final plats for this development are
submitted for Council review and approval. I recommended that he be acommpanied by
his consulting engineer, who indicated at an earlier meeting that great care would be
taken to preserve the natural amenities.
The development of this area is subject to the approved enqineering plans. All
development which converts land from its natural state to an urban state, residential
or non-residential, can be disturbing to those who already reside in the area. Neigh-
borhoods in Plymouth are quality neighborhoods as determined by the people who live in
them. Recent opinion surveys by the City indicate that, on the whole, residents of
Plymouth hold that the City has high amenity neighborhoods, where care has been taken
to preserve and enhance the natural features.
I am very concerned that developers adhere to the plans and commitments they have
presented to the City. I intend to pursue this with this particular developer as he
seeks the final approvals he needs before commencing construction of any homes in this
area.
It is the desire of the City Council and of its Planning Commission to be responsive to
the desires of the entire community which includes land owners and developers who, like
you and me, are tax payers.
I hope you will find that, as the efforts by the City to monitor ongoing development
activities and to see that approved plans, ordinances, and policies (including our
Erosion Control Policy) are implemented, this results in a finished neighborhood you
can recommend to others.
Sincerely,
Virgil Schneider
Mayor
cc: City Councilmembers
Community Development Director Blair Tremere
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
May 2, 1988
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Minn. 55447
attn: City Council
Dear Council,
h.1 ,
This letter of disgust is in regards to the Johnson development
at the Quail Ridge location which is West of Minnesota Lane
and North of 43rd. Ave.
It is beyond imagination that this type of land abuse would
be tolerated by any progressive community. If it were left to
Johnson he would bulldoze Minnesota into a flat plain. Whatever
happened to rolling hills, trees for shade, beauty, and a
hedge against pollution?
What Johnson has done to thees acres of natural oaks and rolling
hills is a travesty. There is not one person except the
planning commission or the council that feels this was done in a
comprehensive way. This is total destruction of natural areas
and completely destroys neighborhood continuity. How are you
going to landscape a back yard with a thirty foot manmade
embankment to contend with?
It would appear that the only thing the council is interested
in is a broader tax base and gives only lip service to
what is termed "quality" neighborhoods.
At the very least the planners and the council should be
ashamed of tris construction, at the very best should be taken
to task to have allowed something like this to happen. The
city's thinking is backward and nonprogressive. It certainly
does not take into account the tax payers interests or
concerns.
I have lived in Plymouth only two years and 3 regret it.
I would not recomment this city to anyone.
?John
ru Y.
tar
CC; B.Tremere
May 9, 1988
Richard Carlquist
Chief of Police
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Chief Carlquist:
Z- to b
10008 South Shore Drive
Plymouth, MN 55441
I express my appreciation for your Department's quick and
efficient response to the May 4 burglary attempt at my house. No
one was at home and a burglar broke a window in an attempt to get
into the house. After the burglar alarm activated, a neighbor
told me that your people were on the scene within a matter of
minutes (three minutes, I believe). In fact, they arrived so
quickly, it was assumed that the burglar was still in the house
and it was very reassuring to learn of the efficient performance
of your Department to assure that the house was safe and also to
apprehend the burglar if possible. However, after the alarm
sounded, the burglar apparently fled without actually getting
into the house.
I have also been impressed by your Department's visibility in our
neighborhood and it is reassuring to see a patrol car in our area
on a frequent basis. The quick response of your Department last
Wednesday is another example of your Department's efficiency.
Thank you very much.
Sincerely yours,
James L. Craig, M.D.
cc: Mayor Virgil Schneider
JLC/DI2
MAY
y' CITY Of Plf`mu'..
Loc—,
Kenneth M. Neutgens
14407 County Road 6
Plymouth, Minnesota 55441
May 9, 1988
Mr. James G. Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: County Road 6/I-494 Interchange
City Project Number 250
State Project Number 2785
Dear Mr. Willis:
On or about August 20, 1987, stakes were placed in our yard, marking 30 to 32
foot increments from our house. As we had not been informed of such activities,
we contacted the City of Plymouth to inquire as to what was happening.
My family and I were astounded and angered when we learned to what extent the
proposed plans would damage and devalue our property and infringe upon our
rights as property owners; said stakes were placed to denote property to be
appropriated and destroyed in the proposed widening of County Road 6, (to
accommodate the increased traffic which will result from the proposed garbage
dump site at the intersection of County Road 6 and Interstate 494).
The execution of this proposed change would involve the destruction of sixteen
(16) of our beautiful trees, the majority mature, ranging from 10 to 20 feet in
height. These trees are of utmost importance to the property, and are
invaluable for a number of reasons.
The trees provide a barrier from the noise and pollution caused by ever
increasing County 6 traffic. Police and fire vehicles, ambulances, and State
and City trucks and equipment travel County Road 6 heavily, sirens screaming,
engines roaring, and lights flashing at all hours of the day and night - an
annoyance even with the trees to help diffuse it. The noise emanating from the
road, which in the past 26 years has increased 100%, will increase again
dramatically with an estimated 300 to 370 additional heavy trucks traveling
County 6 accessing the proposed garbage dump further east of said property at
the 6/I-494 interchange. Without this screen of protection provided by the
trees, the noise level will be intolerable.
These purportedly "disposable" trees also offer a proven layer of protection
between the house and misdirected traffic. They play an important environmental
role in handling run-off, as well as providing privacy and. security.
Aesthetically, the value and beauty of these trees speaks for itself.'
Z U C�'
Page Two
Mr. James G. Willis
May 9, 1988
The destruction of the trees and other changes in conjunction with the project
pose a serious detriment to the property and area surrounding it.
Proposed alterations will severely restrict access to the property, rendering
westward travel impossible. It will also result in a 4 foot incline to our
driveway, which, in addition to not meeting requirements and specifications set
by the City of Plymouth, would intensify an already present safety hazard due to
decreased visibility, coupled with the increased traffic flow. We have already
in the past been the victim of rear end collisions on two occasions attempting
to access our driveway. It would also worsen an existent problem with water
run-off from the road, threatening the foundation of the house, and further
eroding the driveway and yard.
My wife and I bought this property on December 2, 1962, and in the ensuing 26
years have improved upon it (we personally planted every shrub and tree on the
property), paid taxes on it, and diligently cared for it, making it our home.
Over the years, we have paid to replace the sod and grass along County Rod 6 and
Glacier Lane many times, due to winter salt kill from Hennepin County, and City
of Plymouth equipment operators cutting the grass with road graders, as well as
repairing the tops of the Evergreens broken off from cars running off the road -
all damages we personally rectified.
If the alterations to County Road 6 are allowed to be completed as proposed, the
resulting damages to my property, family, and infringement on my rights as a
person and a property owner will be profound. It is my assertion that this
proposal can not be conscienably endorsed by any person concerned with the
preservation of the environment, and of basic personal and property rights.
I am, therefore submitting this letter as an official protest, reasons stated
above, to the installation of waste facility at the County Road 6 site and
associated changes to County Road 6, to be taken by the City of Plymouth,
Hennepin County, and the State of Minnesota.
Respectfully,
Kenneth M. Neu gens
KMN : j b
cc: Vi r 1 Schneider
Ll yd Ricker
Jerry Sisk
Maria Vasiliou
Robert Zitur
May 12, 1988
Mr. Kenneth M. Neutgens
14407 County Road 6
Plymouth, MN 55447
Dear Mr. Neutgens:
zLPQ-.,
CITY OF
PLYMOUTH -
This acknowledges receipt of your letter of May 9 which was sent to me,
along with all members of the City Council.
We appreciate your sharing with us again your concerns with respect to the
proposed widening of County Road 6, and the construction of an interchange
at I-494. We expect to receive the final plans for the project from our
consulting engineers shortly. We will be pleased to share these plans with
you in order that you will be fully informed as to the extent of the project
as it relates to your property.
Thank you for sharing your thoughts with us.
Yours truly,
mes G. Willis
C ty Manager
JW:kec
cc: Mayor & City Council
Fred Moore, Public Works Director
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
2911 Comstock Lane
Plymouth, MN 55447
May 9, 1988
Mr. Jim Willis
City Manager
City Hall
Plymouth, MN
Dear Sir:
Would you please take the time to answer a question I have after reading the
article in the WAYZATA WEEKLY NEWS for May 5, 1988, page 1. In this article you
are quoted as saying "the average homesteaded residence of $130,000 in Plymouth
would see its taxes rise $205 next year to $2650".
Our homesteaded house is appraised (for the taxes we are paying this year) at something
over $113,000 and our taxes are $2714.50 before the homestead deduction or 2014.50
after the deduction. Appraisal just received is over $114,000. There seems to be
an inequity here - or were you misquoted? Our house has 2 bedrooms, 2 baths, and an
unfinished basement with a finished family room. Hardly a $130,000 home.
My question is: was our house wrongly appraised or were you misquoted?
Just as an aside: my husband and I are retired and although we expected a modest
tax raise each year, we hardly were prepared for the $400 raise we received. As
a consequence of this, and the certainty of another raise next year, we are forced
to sell our home and find less expensive living arrangements - perhaps in another
state. I know this is of no interest to you, but certainly we are not unique and
perhaps other retirees will be forced to leave Plymouth and even the state of
Minnesota.
Thank you for your consideration.
Yours truly,
( z-%
Mrs. Norman C. Robl
':r sir • \;',_.
MAY
CITY Of P'LYNbdi i
Mrs. Norman C. Robl
2911 Comstock Lane
Plymouth, MN 55447
Dear Mrs. Robl:
Thank you for your letter inquiring about the matter of property taxes
appearing in the Wayzata Weekly News.
The article to which you refer quoted me correctly. I may have, however,
misspoken. I was reciting data which we had received from the House of
Representatives Research Department, dealing with projections on the impacts
of the new tax bill. The data which I was referring to dealt with the
western suburbs and not just Plymouth alone. Because the House research
data aggregates several municipalities with differing mill rates, and
further, because it is based on projections of future mill rates, the
resulting conclusions must be used with care.
The Assessor's office informs me that their data reflects that you purchased
your home in May, 1985 for $130,000. For property taxes payable in 1987, it
has an estimated market value of $113,800. In 1988, the estimated market
value is $1149600. It is important that you understand the distinction
between the $130,000 figure and the estimated market value figure.
Property taxes are calculated on the estimated market value. For that
reason, in the example cited in the Wayzata Weekly News, I was referring to
a home with an estimated market value of $130,000.
The House research data also refers to "net" property taxes and not the
gross tax bill. This year the homestead credit is $700, and next year it is
slated to go up to $725. Those sums are subtracted in the House research
projections in order that the net tax bill results.
The Plymouth Council has been, and remains, very concerned about the
magnitude of property taxes. We encourage citizens to examine their tax
bills to determine how much of their property tax bill from year to year
goes to the City as compared to other taxing jurisdictions. The City
receives approximately 15 percent of your property tax dollar, with other
taxing jurisdictions taking the balance. We strive to hold down our
property taxes, and I believe if you examine your property tax statements
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. -TELEPHONE (612) 559-2800
=— U<�—
Mrs. Norman C. Robl
May 12, 1988
Page 2
over the last several years, you will conclude that we have been reasonably
successful in that regard. The City Council has no control, however, over
the taxing decisions of other bodies such as the county and the school
districts. Those two taxing jurisdictions take nearly 80 percent of each
tax dollar.
Our Council does not want anyone to feel "forced" to leave Plymouth because
of high property taxes. I think it is tragic that state tax policy is such
that an inappropriate tax burden is being borne by suburban taxpayers. The
average tax bill in the metropolitan area is twice the amount paid by
residents in outstate Minnesota. The property taxes here are also a higher
percentage of an individual's income. The majority in the State Legislature
continue to believe, erroneously in our view, that additional tax relief is
required to those folks living outside the metropolitan area. We devote a
great deal of effort trying to communicate our concern with regard to this
inequity, along with many other suburban municipalities, but to little
effect.
I hope this satisfactorily responds to your concerns. If you have any other
questions with regard to this matter, I would appreciate your being in touch
with me.
Yours truly,
es G. Willis
Cit Manager
OGW:jm
cc: Mayor & City Council
May 6, 1988
City of Plymouth
3400 Plymouth Blvd
Plymouth Mn 55447
Attn: Richard J Carlquist
Director of Public Safety
Dear Mr Carlquist:
Steve and Suzi Gerber
2730 Norwood Lane
Plymouth Mn 55441
Enclosed is a copy of the letter sent to us, addressed as
"resident", written under ycur name. We want to thank you
for enlightening us on the city ordinance regarding dogs.
In the event that we choose to own a dog, it will be most useful.
Our house is surrounded by dogs, on either side, in back of
us, kiddy corner, and two and three doors down. While dogs
do pass by, occassionally choosing to rest their weary paws
and deficate on our lawn, none has chosen to adopt our home
as a permanent residence.
Therefore, whoever filed a complaint against us must be aware of
something that we, as residents, are unaware of. Obviously,
these concerned neighbors do not know us nor care to make our
acquaintences.
Though we can understand a person's concern, we are a bit
perturbed as to why we were chosen above all our neighbors
for having the noisy dog. The closest we can come to
a noisy dog is a crying 10 month old baby. Is it possible
that our concerned neighbor is unable to differenciate
between a bark and a cry?
I would like to recommend that you personally contact the
concerned neighbor and inform him/her that we have not,do not,
and never will have a dog.
Public Safety employee #763 who sent us the complaint obviously
did not do his homework thoroughly. Why didn't Public Safety
employee #763 investigate the complaint prior to sending us
the letter? Receiving this letter has caused concern and
consternation among the residents of this household.
We would appreciate a written apology from you or Public Safety
employee #763 within the next ten days? This will help
restore our faith in the management of our city government.
A copy of this letter is being sent to the mayor and our city
councilman for their information.
Sincerely, ;,�
CITY OF
Date PLYMOUTH+
Dear Resident:
It has been brought to our attention that your dog is causing
some disturbance in your general neighborhood.
Barking
( ) Running at Large
A copy of the city ordinance relating to the regulation of dogs
is enclosed.
Please be considerate of your neighbors in regards to this specific
problem.
Thank you.
Sincerely,
Richard J.parlquist
Director o.±Public Saf
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Enclos4re (1)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
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W.ay;
SCHOOLS DAVID R.
Independent School District 284 Superintendent of ScnooisK. D
DISTRICT ADMINISTRATIVE OFFICES 210 NORTH STATE HIGHWAY 101 P.O. BOX 660 WAYZATA, MN 55391-9990 (612) 47F-3101
May 11, 1988
Mr. Ed Schaffer
65 Inland Lane
Plymouth, MN 55447
Dear Mr. Schaffer:
Thank you for your telephone call of May 9th regarding the architectural
drawing of the Widsten replacement school which appeared in the May, 1988,
District 284 COMMUNICATOR. As you pointed out, the published drawing
showed the original proposal for a common exit and entrance for the school
and Kingswood. This, of course, is contrary to the understanding we
reached at our neighborhood meeting of April 6th.
My sincere apologies to you and the Kingswood residents for this graphics
error. We had intented for the road entrance section to be "cropped" from
the drawing, but it was inadvertantly retained.
Let me assure you that we have not changed our minds on the agreement we
reached for supporting separate entrances to the school and to Kingswood,
and we have conveyed this position to the City of Plymouth. The Plymouth
City Council is having their traffic consultants study the matter and their
final approval action is still pending.
Again, Mr. Schaffer, we're sorry this happened. We appreciate your call
and the opportunity to maintain positive and open communications with you
and all the Kingswood residents.
Si rely,
David R. Landswerk
Superintendent of Schools
DRL :1 mb
L2:146/2
cc: K*ngswood Residents
✓Jim Willis, Plymouth City Manager
Plymouth City Council
Bond referendum passes by 2 to 1 margin...
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PAID
NgYUrA. MN
43
4
District 28 °�"vr nln Resident
Elementary construction to begin in July
Voters gave a resounding'yes' to
plans proposed by District 284 to
construct two new elementary schools
(scheduled to open in the fall of 1989) N eQ ATHLETIC FIELDS
and to bring major improvements and _ _ _ _ _ I
renovations in seven existing buildings-
Ground breaking on the Plymouth PLAYGROUND AREA
Creek site and new Widsten site
scheduled for July 15.
Both elements schools are budgeted \ NEW
elementary '.,.ELEMENTARY O
at $7 million, have 24 classrooms and zF�9 \
SCHOOL-.e'.o
9� BUILDING
four kindergarten rooms. Planning \
for these facilities began with instruc-
tional needs assessment. ElementaryNew m F
staff members met with educational � `. A
planners and developed space require Widsten A
ments based on Wayzata'sinstructional - r
programs. These were submitted to Site T I
the architects, Eos Corporation, Plan
who designed two totally differentSTATE HIGHWAY NO. 101
buildings based on exactly the same - — - — - — - — - — - — J
educational specifications. The Widsten replacement building will be a two story construction on property adjacent to the District Administrative
The Plymouth Creek design is a one Offices on Highway 101 North overlooking Gleason Lake. The administrative offices are in the lower center of the
story building while the new Widsten site plan above. Instructional media centers (IMC) housing library, computer and electronic teaming areas will be
facility a two story design. Square focal points In both new elementary structures. The rounded section of the exterior wall (top center of the building
footage for the two buildings is exactly on the site drawing) Is the location of a two story IMC with a reading loft. Baseball fields on the right of the site
the same-80,Owo00 buil refect exact)The k plan will be relocated to allow construction of new access roads leading to the elementary building.
of each is distinctive and unique,
designed to blend with the landscape. —
But the primary consideration in all
the.y.}aorung was the gducattonal needs
of the individual student. -------
In
______In addition to the $14 million for new
construction,$ 12.5 million will be
utilized to improve existing facilities.
Over $5 million is designated for
Wayzata Senior High School for t 'Lo
classrooms, laboratories, and a newGS N ® ($
media center. Other projects include \
an improved media center at Wayzata
West, instructional and technology Plymouth
1
improvements in all schools, floor and y
window replacements, and roof repair. Creek ®®®®®
-
Voter totals on the bond referendumSite o ! ® ® i
showed 3,712 in support of the ® f ® RA. Awu ® ! j
building plans; 1,680 opposed to the Plan
proposal. The represents a 69 percent
approval rate. The Plymouth Creek building is a single story structure. Four corridors branch off the IMC which is located In the
Superintendent Landswerk was quoted center of the building. Food service and physical education facilities are located In the lop left corridor on the site
as follows in the WHS Trojan Tribune, plan. A separate entrance is provided for the top right corridor which will house kindergarten and Home Base. The
"It's a vote of confidence from the bottom two corridors on the site plan will contain lower elementary and upper elementary classrooms. The main
community. The real winners are our entrance to the building will be south of a newly constructed extension of 41st Avenue North. Plymouth -Cr k wig
--�y�" -- - - be located aouMN-and west of Cc"nfy Road 9 and Vicksburg Lane.