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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 - over - r� , U-) I ~ �l cyj 'd H I ~ �l z H Nz` U' U O z z r ` N I, ��a� N N I � a: _ I N M I w U. � 00 00 c4 C U d O E-+ O 00 z w w z � I 1r) o a. N �oU o •x0 a Q q Ui C7 H O 0O 0 M O 0 F'� FFF-SII n frl r� U �1 C4 W 1:14 W z � � ma' N o�U M c� o w O ax �. 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F'Fj�✓J11 QI go F n' N N �\W H �o�lr�--1 p o oUC)I oc) �� �Mory w^��U++ I N 6 n H o HP. 1 M .;1 N f) F--1 C, C) I EE lnc� U O m U ir1 N CN 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% NN 'silodeauuIN £L3£ Ballad Qidd 30ViSOd S n 31ba �nno jaded algelo%oaj uo paiuud tnnss IJ A iHlnuliAli 081VA31f,uji [11iioL AJd ®JbE d3JV14vi, sIIIIM 45 5;]IiWr H1nuHAId JO A1I0 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 'Iuau1�,IPdaQ SJ!'U1JYV JggTi d aq'1 /tQ Pa.IPda1d 'aJOU`,S PUP'IUa UIU0J!AU3 ;o Juauil.IPdaQ sjunoo uldeuuaH ails }o lioda,I IPloeds V 8861 I!jdV 9699-962 (Zi9) 91699 *UUTyJ 'aTtodaeuuTyy 002 9ITnS "IS Ps£ 'S zz9 6EseuH a8 1Uetuu0aTAUS ;o 1ueu1gasdeQ ,ftuno0 utdauuag 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 i -y-- C� -1 -;2 47-e" Enclos4re (1) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 za a 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... 2"O' 0"" I NFOgMATIO'�t p0. 80"" SPATE HIGHOFFICE t•"yZ4TA, 55391 KAY 707 t'bW P�`ri us oqc. °osrACE 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.