HomeMy WebLinkAboutCouncil Information Memorandum 09-09-1988r`
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CITY OF
PLYMOUTH+
CITY COUNCIL INFORMATIONAL MEMORANDUM
September 9, 1988
RECYCLING CASH DRAWING
September 8: No Winner
Next Week: 300 Cash Award
UPCOMING,MEETINGS AND EVENTS......
1. STATE PRIMARY ELECTION -- Tuesday, September 13. Polls are -open
from 7 a.m. - 8 p.m.
2. COUNCIL MEETING -- Tuesday, September 13. Regular City Council
meeting at 8:00 P.M. in the City Council Chambers.
3. PLANNING COMMISSION -- Wednesday, September 14. The Planning
Commission Forum will begin at 7:15 p.m., with the regular Planning
Commission meeting following at 7:30 p.m. in the City Council
Chambers. Agenda attached. (M-3)
4. HRA MEETING -- Thursday, September 15, 6:30 p.m. The Housing and
Redevelopment Authority will meet in the City Council Chambers.
5. NEXT BUDGET STUDY SESSION -- Monday, September 19, 7:00 p.m. Budget
Study Session II in City Council conference room.
6. CALENDARS -- Meeting calendars for September and October are
attached. (M-6)
FOR YOUR INFORMATION....
1. SNOWMOBILE REGISTRATION LIST - At the August 16 special meeting, the
City Council directed that the staff determine the number of persons
in the City who have registered a snowmobile. The Public Safety
Department has determined that a total of 1,938 individuals have so
registered. The cost to obtain a printout of this list is $145.75.
If the City also desires mailing labels, the total cost would be
$308.73. If the Council's intent is to correspond directly with
these individuals to solicit their cooperation this winter, I would
suggest *that we purchase the printout only. We would enter this
Information in our word processing equipment to develop mailing
labels. The City Council should provide direction on this matter.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
CITY COUNCIL INFORMATIONAL MEMORANDUM
September 9, 1988
Page 2
2. PLYMOUTH METROLINK - JULY REPORT -- Shown below is a table
displaying our average daily ridership for the commuter/reverse
commuter, internal circulator and total system for each week of
July. The second table displays the year to date averages in each
service area compared with the target which we must achieve in order
to have a successful project.
MONTHLY
PLYMOUTH METROLINK
DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE
OILY 1988
Total
System
SERVICE TYPE
Commuter/
Internal
Total
TARGET
393
Reverse Commuter
Circulator
System
WEEK OF:
- 14.4%
+ 2.5%
7/1 - 7/3
397
27
433
7/4 - 7/10
370
37
423
7/11 - 7/17
305
48
422
7/18 - 7/24
366
47
425
7/25 - 7/31
368
46
442
-----------------
MONTH LONG
------------------
-------------
----------------
AVERAGE
361
41
429
YEAR TO DATE
Item
Commuter/
Reverse Commuter
Internal
Circulator
Total
System
YEAR TO DATE
RIDERSHIP AVERAGE
407
39
449
TARGET
393
45
438
% OVER/(UNDER)
TARGET
+ 3.5%
- 14.4%
+ 2.5%
CITY COUNCIL INFORMATIONAL MEMORANDUM
September 9, 1988
Page 3
A number of observations are in order:
1. Internal circulator average ridership remained the same in July
with 41 passengers per day. In July of last year we had an
average of 52 passengers per day.
2. The commuter/reverse commuter portion of the service dropped in
July with an average of 361 passengers per day. We are still
above the 345 posted in July 1987.
3. The total system target of 438 passengers per day was exceeded
by 11 at 449 passengers per day.
DAILY RREF&0P AVERAGES 8Y NXM
FCR 04IMM 1£ARS 19%
- 1988
SERVICE TWE
Commuter/
Internal
Total
Reverse
Commter
Circulator
System
MONTH:
1984
1985
1986
1987
1988
1984
1985 1986
1987
1988
1984
1985
1986
1987
1988
January
330
307
351
429
433
21
51 40
47
34
351
358
391
476
467
February
310
292
350
394
426
25
50 47
49
38
335
342
394
442
464
March
307
311
338
397
418
25
56 64
53
44
332
367
402
450
462
April
301
295
354
365
408
27
55 44
49
34
331
350
398
414
442
May
295
298
332
350
392
27
36 35
36
39
322
334
367
386
431
June
276
314
349
358
409
41
53 64
54
41
317
367
413
412
451
July
277
297
328
345
361
42
52 62
52
41
319
349
390
397
429
August
266
292
328
345
47
57 73
54
313
349
401
399
September
275
322
354
348
32
42 33
33
307
364
387
381
October
276
312
384
365
36
55 40
32
312
367
424
397
Novenber
271
311
396
398
35
57 50
32
306
368
446
430
December
265
320
412
391
39
52 56
49
304
372
468
440
- - - - - -----
YEAR LUC
YEAR
-----------------------------
---------------------------
-----------------------------
----------------------------
AVERKE
287
3D6
356
374
407
36
51 51
45
39
321
357
407
419
449
CITY COUNCIL INFORMATIONAL MEMORANDUM
September 9, 1988
Page 4
3. REQUEST BY MINNEHAHA WATERSHED FOR A RESOLUTION SUPPORTING A CLEAN
WATER PARTNERSHIP GRANT APPLICATION -- Attached is an August 24
memorandum from the Board of Managers of the Minnehaha Creek
Watershed District. The memorandum requests that each City Council
served by the District adopt a resolution of support to obtain a
Clean Water Partnership Project Grant for Long Lake. The memorandum
explains the nature and purpose of the project. The total project
cost is expected to be $510,000. The costs of the grant application
will be between $6,000 and $8,000.
It appears most appropriate that the City of Orono should take the
primary lead in this project as they are most affected by it.
In the absence of Council action direction to the contrary, we will
communicate this position to the Watershed representatives. (I-3)
4. MINUTES:
a. Plymouth Development Council, August 24, 1988. (I -4a)
b. Commercial/Industrial Recycling meeting, August 18, 1988 (I -4b)
5. WATERING NOTICES -- Attached are the various notices announcing the
lifting of all outdoor watering restrictions. An announcement was
also placed on cable channel 37.
Also attached is an article taken from the City of Maple Grove
newsletter on its water system. Bob Zitur requested that the
article be included with this information memo. (I-5)
6. HOLIDAY INN PLYMOUTH - LIQUOR LICENSE REQUIREMENTS -- Attached is
the City Attorney's letter to the attorney representing Northern
Life Insurance Company, concerning the foreclosure of Northern's
mortgage with Minnesota Plymouth Hotel Associates and the City's
liquor license requirements. Northern Life will be seeking the
appointment of a Receiver to take possession of the property during
foreclosure. (I-6)
7. MARKETING CITIES WORKSHOP -- At this year's LMC conference, Helen
LaFave participated in a Marketing your City workshop. Attached is
an excerpt from the August "Minnesota Cities" magazine on the
workshop and comments made by Helen on Plymouth's communications
plan. (I-7)
8. PROPERTY TAX SEMINAR -- The Citizens League is holding a seminar on
the State's property tax system and 1988 tax reforms on Thursday
evening, September 29, at the University of Minnesota St. Paul
Campus. A copy of the Citizens League notice is attached. If any
member of the Council is interested in attending, please contact
Laurie in order that you may be registered. (I-8)
CITY COUNCIL INFORMATIONAL MEMORANDUM
September 9, 1988
Page 5
9. BOND NEWSLETTER -- The September bonds newsletter from Ehlers and
Associates is attached. (I-9)
10. CORRESPONDENCE:
a. Letter responding to Walter Schuelke, 16020 - 46th Avenue North,
from City Engineer, on the City's concrete curb repair program.
(I -10a)
b. Letter to Bob Pfaffinger, 2235 Zanzibar Lane, from Assistant
City Manager, concerning water sprinkling restrictions
violations. (I -10b)
c. Letter to David Johnson, from Blair Tremere, advising of
concerns raised by Kimberly Meadows residents on the completion
of fencing and landscaping. (I -10c)
d. Memorandum from Joe Ryan on his inspection of hazardous building
sites at 4025 Vicksburg Lane and 1935 Forestview Lane. (I -10d)
e. Letter from Mr. and Mrs. Jim Williams, 950 Minnesota Lane,
thanking Public Works personnel for prompt action on street
repair. (I -10e)
f. Letter inviting Plymouth athletic associations to September 13
budget hearing to discuss the recreation program user fee
concept. (I -10f)
g. Letter from Rande Yeager, responding to Mayor's Schneider
letter, regarding his property value. (I -10g)
h. Letter to Forrest Harstad, Harstad Companies, from Joe Ryan,
regarding the removal in unlawful fill material in the Kingsview
Heights 2nd Addition area. (I -10h)
I. Memorandum from Mark Peterson in response to a Commu;nity
Improvement reminder card from Bob Zitur to cut the weeds along
the Schmidt Lake Park trail. (I -10i)
J. Letter to Robert Smith, First Bank, from City Manager, on the
City's interst in acquiring the Theme center site. (I -10j)
James G. Willis
City Manager
JGW:jm
attachments
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, September 14, 1988
WHERE: Plvmouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the Planning
Commission and will be enacted by.one motion. There will be no separate discussion of
these items unless a Commissioner, citizen or petitioner so requests, in which event
the item will be removed from the consent agenda and considered in normal sequence on
the agenda.
PUBLIC FORUM 7:15 P.M.
rAll Tn nRDFR 7:30 P.M.
2. ROLL CALL
3.* CONSENT AGENDA
4.* APPROVAL OF MINUTES August 24, 1988
5. PUBLIC HEARINGS
A. Prime Development Corporation. Preliminary Plat/General Development Plan for
"Prime Plaza" and a Variance request to allow more than one principal struc-
ture on a lot for property located in the southeast quadrant of Highway 55 and
West Medicine Lake Drive (extended). (88057)
B. Jerome Begin. Conditional Use Permit, Site Plan, and Variance for the instal-
lation of gasoline pumps at Cottonwood Plaza located at 3900 Vinewood Lane. -
(88062)
C. Red Roof Inns, Inc. Lot Consolidation, Conditional Use Permit and Site Plan
to construct a motel of 119 rooms on property located at the northeast corner
of 26th Avenue North and Annapolis Lane (88091)
D. DLK Builders, Inc. Amendment to the Residential Planned Unit Development
Conditional Use Permit for "Jamestown" to construct a garage addition for the
residence at 5075 Arrowwood Lane (88097)
E. Melvin K. Schmid. Conditional Use Permit for a Class II ("Tacos Plus")
Restaurant to be located in the Willow Grove Shopping Center at Shelard Park-
way and Nathan Lane (88102)
F. Gregory Begin. Conditional Use Permit to operate an amusement center ("The
Cotton Club") in the Cottonwood Plaza Shopping Center 3900 Vinewood Lane.
(88099)
G. Alfred M. Clausnitzer. Conditional Use Permit for a Class II ("Flavors 'n
Favors") in the Oakwood Square Shopping Center in the southeast quadrant of
County Roads 101 and 6 (88104)
H. Yin Yang Moy. Conditional Use Permit for a Class II ("Hoy's Chinese Restaur-
ant) in the Oakwood Square Shopping Center in the southeast quadrant of County
Roads 101 and 6 (88107)
I. Gary Berthiaume. Conditional Use Permit to operate a roofing and snow removal
service business from the residence at 14120 County Road 9 (88110)
6. NEW BUSINESS
A. Gene Paulson. Lot Division/Consolidation and Variances for property at the
intersection of 24th Avenue North and Larch Lane (88105)
B. City of Plymouth. Variance to the Subdivision Code allowing division of land
by means other than platting for property at 15 Pineview Lane (88115)
7. OLD BUSINESS None
8. OTHER BUSINESS None
9. ADJOURNMENT 11:00 P.M.
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MINNEHAHA CREEK
LAKE
WATERSHED DISTRICT
P.O. Box 387, Wayzata, Minnesota 55391
BOARD OF MANAGERS' Camille D. Andre, Pres. - Albert L. Lehman - John E. Thomas
James R. Spensley - Richard R. Miller - Robert D. Erickson - C. Woodrow Love
MEMORANDUM
�s
�lr,,/UUP
T0: City Council
City of Plymouth F!
FROM: Board of Managers
Minnehaha Creek Watershed District (MCWD)
DATE: August 25, 1988
RE: Clean Water Partnership Grant Application for a non -point source
pollution abatement project on Long Lake.
I. INTRODUCTION
The Chairman of the Board of Managers and District staff recently met with the
Mayor of Long Lake, and city staff persons of the cities of Long Lake and Orono
to discuss water quality issues in the Long Lake subwatershed. The MCWD raised
the possibility of a cooperative effort on the part of the MCWD, various
municipalities, and agencies in the preparation of a grant application for
possible funding under the MPCA Clean Water Partnership program. If such a
grant were secured, a project to improve the water quality of Long Lake would
occur involving two phases: a diagnostic -feasibility and monitoring phase to
better define the problem and possible solutions and the implementation of
activities and best management practices necessary to achieve the water quality
goals and objectives in the project area.
II. SUBWATERSHED DESCRIPTION/PROBLEM IDENTIFICATION AND DESCRIPTION
Description
The Long Lake Creek subwatershed encompasses an area of 11.44 square miles in
the north -central portion of the Lake Minnetonka watershed. It is located
entirely in Hennepin County and contains land lying within the cities of Long
Lake, Medina, Orono and Pl mout . It is adjacent to the Painter Creek
subwatershed (see attached map). Prominent lakes within this subwatershed
include Long Lake, Mooney Lake, Holy Name Lake and Wolsfeld Lake. Major land
use categories presently include: agricultural (42%), wooded (19%), wetland and
lakes (19%), low and medium density residential (8%), and open space (7%).:
Significant changes in land use are projected for the year 2000 conditions, at
which time 63 percent of the unit could consist of low density residential
development. To offset this increase, the agricultural and wooded categories
are projected to decline to less than 1 percent of total unit area by the
year 2000. The existing 1,386 acres of lakes and wetlands will remain
unchanged.
Problem Identification and Description
Water quality problems in the upper watershed were first identified by the
District in the mid -1970's as part of the Upper Watershed Storage and Retention
Project (UWIP). The project sought to improve water quality and control flows
from the major drainageways tributary to Lake Minnetonka. The Painter Creek
project, constructed by the District in 1984-1985, was the first phase of the
UWIP and consisted of easement acquisition, several miles of channel
improvements, excavation of two sedimentation basins and the construction of
four sheet pile weir control structures and one rough fish barrier. The total
cost of the project was $510,000 and was financed by a District -wide ad valorem
tax levy under Minnesota Statutes Chapter 112.
The Board of Managers has designated the Long Lake Creek subwatershed as the
second phase of the UWIP and has included the project in the Capital Improvement
Program of the District's Chapter 509 Surface Water Management Plan. Results
from the computer simulation of watershed hydrology completed in 1986 as part of
the preparation of the 509 Plan, along with historical records from the
District's on-going hydrologic monitoring program, indicate the Long Lake Creek
subwatershed contributes a significant portion of runoff into Lake Minnetonka.
Data also indicates this runoff can contain elevated concentrations of suspended
sediment and phosphorus. Long Lake, which is the primary receiving body for a
large portion of the subwatershed's tributary drainage area before outletting
into Long Lake Creek, normally exhibits signs of poor water quality in the
summer months with water clarity being impacted by high levels of chlorophyll -a
(algae) and phosphorus. Long Lake also supports a large population of rough
fish.
The District believes the poor water quality in Long Lake is related to
non -point source (NPS) pollution from the lake's tributary drainage area.
Non=point sources of pollution are defined as land management or land use
activities that contribute to pollution as a result of runoff, seepage or
percolation. This definition includes rural and urban land uses, as well as
specialty land uses such as transportation, and recognizes that both surface and
groundwater can be affected by non -point sources of pollution. Major sources of
NPS pollution include: agricultural runoff; pesticide and fertilizer use;
feedlot runoff; urban runoff from streets, yards and construction sites;
leachate from septic systems; highway de-icing chemicals; dredging and drainage
activities; and impacts from the loss of wetlands.
III. MPCA CLEAN WATER PARTNERSHIP PROGRAM
The Clean Water Partnership Program was enacted in 1987 by the State Legislature
to protect and improve surface and groundwater in Minnesota through financial
and technical assistance to local units of government to control water pollution
associated with land use and land management activities. The program is
administered by the Minnesota Pollution Control Agency which may award grants
for up to 50 percent of the eligible cost for the development of a diagnostic
study and implementation plan and the implementation of that plan. Other
available sources of state and federal funding can also be used to fund up to
20 percent of the remaining local share of the project.
1
To be eligible for financial assistance under this program, a local unit of
government applying for assistance must have the authority to coordinate and
enter into contracts with local, state and federal agencies and private
organizations, raise funds, and adop' and enforce official controls; and provide
the MPCA with a grant application and supporting documents.
The MPCA will accept grant applications from mid-September to November 1988 for
funding during 1989. The cost to prepare and submit a grant application is
estimated to be $6,00048,000.
IV. REQUEST FOR SUPPORT/PARTICIPATION
If the City Council is interested in cooperating in the effort to obtain a Clean
Water Partnership Project grant for Long Lake, it is requested that the Council
draft a resolution in support of the project and also indicate a level of
funding for the costs of preparing and submitting the grant application to be
prepared by District staff. Prompt consideration of this request is necessary
due to the rapidly approaching date for submission.
If the City Council members or their staff require additional information,
please contact the District Engineer, Mr. Jim Mahady at 473-4224 or the
Chairman of the Board of Managers, Mr. James Spensley at 937-4845.
•
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MINUTES
PLYMOUTH DEVELOPMENT COUNCIL
August 24, 1988
k
The meeting was called to order at 7:30 a.m. in the Plymouth City Center
Council Chambers Conference Room by President Bob Burger. The following
were present:
Bob Burger, Larry Laukka, Greg Frank, Don Myron, Marlin Grant, Terry
Forbord, R.W. Anderson, Sherm Goldberg, David Molda, Loren Kjersten,
Brian Cary, Brad Bainey, Paul Anderson, Craig Freeman, John Griffith,
Craig Scherber, Steve Flage and Roy Lund.
City Personnel included:
Mayor Virgil Schneider, Councilmember Bob Zitur, Blair Tremere, Fred
Moore, Chet Harrison, Chuck Dillerud, Joe Ryan, John Sweeney, Bob
Johnson, Eric Hesse and Steve Haubner.
I. RESIDENTIAL LOT COVERAGE REQUIREMENTS. Bob Burger introduced the item and
indicated that a committee consisting of Marlin Grant, Tom Bisanz, himself,
and Blair Tremere, had reviewed this matter which centers on the area of a
residental lot that can be covered by building and the City's requirement
that that calculation include decks and porches. This has caused some
difficulty as homebuyers seek larger homes on smaller lots and then desire
to have a deck..
Marlin Grant read a proposed resolution that recommended to the City, the
maximum allowable percentage of structure coverage of the area of the lot be
considered without the inclusion of an unenclosed deck. The resolution also
asked for clarification of the ordinance regarding roof overhang; that they
be specifically excluded even though they have always been excluded
Informally.
Blair Tremere observed that this focused the issue on the deck which had
been the main issue before the Board of Zoning and the City Council in
recent years; whereas, previous efforts to modify the maximum lot coverage
requirement were generally broader and dealt with philosophical issues of
density and minimum setbacks. The City Council recently tabled two Planning
applications which involved the requests for larger coverage due to proposed
decks because the Council was aware that the Development Council had been
considering this matter and because the Council felt that if the standard is
to be modified, it should be done by ordinance amendment.
The resolution was adopted unanimously and Blair Tremere was asked to
forward it to the Planning Commission. He said he would notify Mr. Burger
when a public hearing had been scheduled.
r
PLYMOUTH DEVELOPMENT COUNCIL
August 24, 1988
Page two
�I
II. AUTOMATED BUILDING PERMIT SYSTEM. Building Official doe Ryan explained the
computer conversion process and the upgrading of a number of features. He
said that measures were being taken to provide expanded same-day permit
issuance for a variety of applications which do not require plan review.
Blair Tremere commented that the conversion efforts 'include programming
necessary to implement the use of portable units by field inspectors which
should facilitate the reporting work by the inspector as they complete the
inspections. The net result to be expected -- more efficient field
operation and more accurate information.
III. 1989/93 CAPITAL IMPROVEMENT PROGRAM. Public Works Director Fred Moore
explained the proposed CIP and demonstrated the main improvement areas on a
map. He indicated that the petition period for work with City cost
participation had passed, but that January 1989 was the deadline for work
paid 100% by the developer. He also indicated that the Planning Commission
would be conducting the public hearing on the CIP that evening, August 24.
IV. EROSION CONTROL/SEDIMENTATION ENFORCEMENT. City Engineer Chet Harrison
introduced Eric Hesse and Steve Haubner, who conducted the field research
and followup. Chet explained proposed amendments to the City Erosion and
Siltation Control policy; he provided copies of the draft to those in
attendance. He said the City hoped to induce more self -policing.
Chet explained that sites should be revegetated and maintained through the
build -out period. Chet observed that the City's role should be more of
inspection and not the administrative work of getting the clean up
completed. In that regard, he explained one of the proposals which provides
that the City will call a developer once in a construction season reminding
him of the responsibility to clean the site and keep it clean. Thereafter,
each time the City is required to call the street cleaning contractor, $100
would be deducted from the financial guarantee for non-performance of the
developer's obligations. There would be no further phone call to the
developer.
Bob Burger and Marlin Grant expressed concern about the amount of dirt and
mud that generated a reaction by the City to the erosion control policy
spirit. Chet, Fred Moore, and Eric Hesse commented about the basis the City
uses to determine whether there is an erosion control problem.
Mayor Schneider expressed the concerns of the City Council and commented
that a list prepared by the Public Works Department was shared with the
Council monthly. He said a particular concern is that there are repeated
violations by the same developers which indicates to the Council that the
work is not being done despite repeated calls from the City.
- a
PLYMOUTH DEVELOPMENT COUNCIL
August 24, 1988
Page three
Bob Burger stated that the City should call the developer prior to taking
action as a matter of good public relations, not just call the developer at.
the beginning of the season.
Sherm Goldberg commented that developers who are doing a good job with
erosion control should not be penalized because there are a few who aren't
doing a good job.
Marlin Grant suggested that the Development Council should be allowed to
consider this and return to the City with a recommendation for a possible
alternative; Mayor Schneider stated that the ball was in their court and the
City needed to take some action to get the problems resolved.
Chet Harrison reviewed additional features of the proposed changes. Fred
Moore observed that both the State of Minnesota and Watershed Districts are
becoming increasingly involved in the same area and that many of the
concerns expressed through the City's erosion control policy are being found
on a metro -wide basis.
Don Myron asked whether interest was paid to the developer if a cash deposit
was left with the City; Fred Moore stated no interest was paid on cash
deposits, but many developers submitted other instruments such as
certificates of deposit which did accrue interest which went to the
developer when the financial guarantee was released.
Chet Harrison explained that the reference to builders was deleted from the
policy in that the problem and solution were better focused upon the
developer who platted the property. Chet mentioned that Bob Burger, for
example, has an effective approach whereby his selling contract with
individual builders calls for them to assume certain responsibilities. Bob
Burger briefly explained his approach and indicated that it does work. He
agreed that the responsibility is primarily with the developer.
Bob Burger indicated that the Development Council would get back to the City
by the next meeting with a response to the proposed policy changes.
V. PARKING STUDY - SHOPPING CENTER STANDARDS. Blair Tremere explained that the
City had conducted a study of parking standards at the request of several
developers who underwrote the cost of the study. The study led to a draft
ordinance amendment which has been passed by the City Council that
establishes uniform parking parking standards for bona fide shopping centers
at the rate of six spaces per 1,000 square feet gross floor area.
VI. STATUS OF LEGISLATION TO REPEAL MUNICIPAL PLANNING ACT. Blair Tremere
explained that recent information indicates that there will be an effort to
return the bill to the Legislature next year and that there is a review
ongoing at the state level in response to the objections that were voiced at
PLYMOUTH DEVELOPMENT COUNCIL
August 24, 1988
Page four
the Joint Legislative Hearing last February. He said that any of the
developers in the metropolitan area should stay close to this issue because
it could have significant ramifications in the communities where they do
business. Much of the proposed bill was intended for smaller cities,
townships, and counties. He said the Association of Metropolitan
Municipalities was carefully tracking the status of the bill.
VII. 1989/90 BUDGET HEARING. Public Works Director Fred Moore stated the annual
review of the budget was underway and that the City Council would be having
several review sessions as well as a public hearing on September 13, 1988.
He said that copies of the budget which reflects a two-year cycle would be
available for review.
VIII. TREE PRESERVATION POLICY. Blair Tremere explained the recent approvals that
included requirement for tree preservation where developers have indicated
there would be trees saved as part of the development. He explained the
Council's action was based on a concern that intended tree preservation had
not materialized and in fact, sites were denuded of trees as part of the
mass grading. He said the Council's intent was to get a firm handle on the
proposals to preserve trees so that there was no question later in the
process whether trees were in fact retained. He said that the Council had
also directed staff to conduct research among metropolitan cities to see
what other efforts were being made for tree preservation; that is just about
done and information will be forwarded to the City Council shortly.
Greg Frank expressed concerns about the approach and especially the
requirement that a tree survey be conducted; he said these can be very
expensive and he questioned whether a detailed survey of all trees was
necessary.
Marlin Grant questioned the enforceability of a tree preservation policy.
Mayor Schneider responded to several questions by explaining the Council's
concern and the purpose of the direction to learn more about how other
cities are handling the same problem.
Brian Carey asked whether the City's policy would allow for the replacement
of trees and he asked what happened to the penalty if a developer did remove
trees that were to have been preserved. Blair Tremere responded that the
formal policy has not been drafted, but that the matter of replacement would
be taken into account; he said that the City Council, to date, with specific
applications, directed that the money realized through the penalty would be
put in a special account for trees in the nearby neighborhood park.
Fred Moore observed that the Planned Unit Development process itself is
Intended to preserve natural amenities, and the City Council seeks to have a
better definition of what is to be saved and what is to be removed.
PLYMOUTH DEVELOPMENT COUNCIL
August 24, 1988
Page five
.x
Bob Burger stated that the Development
Blair Tremere indicated that the
Development Council.
IX. OTHER BUSINESS
L� -�-AcA
Council should have further input and
research will be shared with the
Bob Burger said that he had learned of concerns by some non-residential
developers about the permitting process and that he had learned of concerns
by a number of developers in general about relations with the City Council.
He met with the City Manager and the Community Development Director
regarding the concerns about the mechanics of getting a permit and suggested
that a subcommittee be designated to deal with the City staff as they
successfully did earlier regarding residential permits. He also expressed
the concerns about fairness and equal treatment and unanticipated City
Council directives on development proposals which had been reviewed and
recommended for approval by the City staff and Planning Commission.
He talked with Mayor Schneider about the latter item; several meetings had
been held already among developers, but that there is now a need to discuss
the concerns with the City Council so that the issues could be properly
aired and resolved.
Mayor Schneider said he was opened to meeting with representatives of the
Development Council. Mr. Burger stated that he would be out of town until
mid-September, but would make the necessary arrangements for a meeting when
he returned. He said he would also appoint a committee to work with staff
regarding the mechanics of the permit process at that time.
The meeting adjourned at 9:05 a.m.
BT:kec
=- mob -
HEFTING ON' COMMERCIAL/INDUSTRIAL RECYCLING
AUGUST 18, 1988
List of attendees is attached.
Dick Pouliot stated that the purpose of the meeting was to update haulers on
recycling in Hennepin County and to discuss alternatives for
commercial/industrial recycling.
Hennepin County Recycling Coordinator Carl Michaud said that the County has
heard comments that it should get into commercial/industrial recycling.
Michaud updated the attendees on County actions. He said the County has
proposed that four transfer stations be built within one to two years.
Sites under consideration are in Brooklyn Park, Plymouth, Bloomington, South
Minneapolis.
Michaud noted that the transfer stations would be used primarily for refuse
transfer from smaller trucks to larger trucks. The transfer stations will
also include an area designated for recycling. It currently is undefined
what will be happening in the recycling area of the transfer station, but it
will include some kind of drop-off areas for recycling, household hazardous
waste, and yard waste.
Michaud said that because recycling has momentum, the County may be
interested in providing some sort of drop-off location for recyclables for
the one to two year interim period while the transfer stations are being
built.
Michaud also noted that the County has formed a task force to look at
recycling in Hennepin County and make recommendations for improvement.
Robbinsdale Recycling Coordinator dean Buckley reported on actions
Robbinsdale has taken to encourage recycling. Robbinsdale has implemented a
two-tiered rate system. People who recycle pay $9 per quarter less for
refuse collection than non-recyclers. Residents are also limited to 60
gallons of garbage. Residents wishing to dispose of more must have prepaid
stickers on each extra bag. Stickers cost 50� each.
Robbinsdale has also passed an ordinance for commercial recycling, effective
December 31, 1988. All commercial properties, including multi -family units
and businesses that generate mixed waste must have a recycling program that
Is approved by the City.
Initially, office paper and corrugated cardboard are the candidates for
commercial recycling. In multi -family units, cart systems to separate
recyclables are being considered.
=--y. b
MEETING ON COMMERCIAL/INDUSTRIAL RECYCLING
AUGUST 18, 1988
Page 2
Dick Pouliot reported on actions taken in St. Louis Park in regard to
commercial/industrial recycling. The St. Louis Park hauler collects paper
separately from other garbage at no extra charge. St. Louis Park plans to
recycle other commercial/industrial waste in the future.
Dick Pouliot outlined some alternatives for implementing commercial
recycling.
1. The City or County could pass an ordinance requiring the
City/haulers to pickup recyclables separately.
2. The City or County could pass an ordinance making source separation
mandatory for commercial firms.
3. The City or County could provide voluntary incentives to haulers or
firms.
4. The City or County could provide a facility for convenient drop-off
of recyclables free of a tipping fee.
5. The City or County could hire a separate hauler to collect
recyclables from commercial firms.
Dan Scherer said any subsidy would need to be worked through the cities.
Carl Michaud said haulers should not expect a subsidy from the County. A11
other alternatives Must be exhausted before a County subsidy is considered.
The County is taking a user fee approach by charging $75 per ton for
drop-offs at the transfer station.
Dick Pouliot noted that the idea of a county subsidy may be highly unlikely,
but he wanted to discuss it as a possibility so that the entire range of
alternatives to spark commercial recycling are considered.
Dick Pouliot asked the haulers if they would prefer to have the freedom to
collect commercial/industrial recycling without accounting for volume by
city.
Chuck Kutter said it is hard for haulers to plan for commercial or
industrial recycling without leadership from the County. He suggested that
the County establish something concrete for all haulers. He added that
establishing an interim program for commercial/industrial recycling puts a
hardship on smaller haulers because they may have to change the program
after the transfer stations are built.
MEETING ON COMI•t_RCIAL/INDJSTRIAL RECYCLING
AUGUST 18, 1988
Page 3
Kutter suggested that the County establish a drop-off center and buy back
recyclables at 10 to 15% less than market value.
Jim Gencauski said that firms will only recycle if an ordinance mandates it,
or if the cost of dumping mixed garbage is excessive enough to make
recycling attractive. He suggested that the County offer a drop-off center
and see how many haulers voluntarily use it. If there is no interest, the
County will know that it either must legislate commercial/industrial
recycling, or make the tipping fee high enough to make recycling attractive
to haulers.
Chuck Kutter said he agreed. He said that commercial/industrial recycling
would take care of itself when tipping fees increase to $75 per ton.
Jerry Sisk said that most discussion regarding recycling focuses on source
separation. The crucial point is that there must be a market for these
recyclable materials. He said the State, Met Council and County need to get
involved in ensuring that there is a market that pays for recyclables.
Dan Scherer said that haulers are in a delicate position. Adding an extra
truck or person to collect recyclables could make or break many small
haulers. He said the County and Cities must be sensitive to this.
Carolyn Smith said that the haulers must realize that city recycling
coordinators are working under the state and county mandate that no
recyclables go to landfills by 1992. She said that haulers should be
charging the generators of the waste.
Rick Hawkinson suggested that the County use subsidies to cover the hauler's
costs through the interim period. He said many cities are not taking
advantage of the subsidies.
Carl Michaud said many cities are taking advantage of the subsidies. He
also noted that the County task force is questioning whether the County
needs to keep subsidizing city recycling programs once the $75 tipping fee
goes into effect.
Dick Pouliot said it is important to realize that while County may be
picking up 50 to 80% of recycling program costs, the cities are still
picking up 20% of the cost. He said that the haulers continue to charge the
same for refuse collection services.
Jerry Sisk said that this does not hold true in the commercial sector. As
volume decreases in the commercial sector, the rates charged for refuse
collection also decrease.
= �-A, `K)
MEETING ON COMMERCIAL/INDUSTRIAL RECYCLING
AUGUST 18, 1988
Page 4
Dennis Fields outlined a corrugated cardboard recycling program instituted
by Rohn Industries in the spring of 1988. He said the program collects
about 50 to 60 tons of cardboard per month.
Rohn Industries reduces the cost of refuse collection for commercial/
industrial firms by eliminating a large volume of waste, i.e., cardboard,
from the refuse collection bins. He said the program is working and now
it's a question of who will collect recyclables - a recycling collector or a
refuse hauler.
He said the generators of commercial/industrial waste are willing to
participate in a recycling program in order to save money or divert the
material from a landfill as long as they break even. Usually generators see
a 35 to 45% decrease in refuse collection costs.
Sandy Roskowiak said haulers have problems storing cardboard. Without
guarantees from the County, it is difficult for haulers to get into the
recycling business. She said it was unfair to look at one person's
operation and say he's doing it, why can't you. Sandy said she is excited
about commercial/industrial recycling if the County gives a guarantee that
there will always be a place to drop the material at no charge, despite
fluctuations in the market. She said she would be particularly interested
if the County established a buy-back program.
Carl Michaud said that under the proposal of the drop-off center, it is
assumed that the County and the hauler will share the risk. He added that
the County has made a commitment to recycling at the transfer station. The
question to deal with now is do we do something in the interim, while these
transfer stations are being built.
Dick Pouliot suggested initiating the $75 tip fee sooner than planned and
using the extra funds to subsidize commercial/industrial recycling.
Carl Michaud said he could bring that up at a public hearing. However, he
hasn't heard of people who are willing to pay increased costs.
Dennis Fields said that there is much more to be recycled than cardboard.
Given the market, cardboard is probably the least desirable item. Haulers
should look at other recyclables. He said every time haulers dump
recyclable materials in landfills they are throwing away money.
Dan Scherer said that the County and Cities seem interested in bending over
backwards to provide a drop-off center for commercial/industrial recycling.
He would like to see a convenient location for dropping yard waste.
--LA \0 -
MEETING ON COMI.II=RCIAL/INDUSTRIAL RECYCLING
AUGUST 18, 1988
Page 5
Dick Pouliot asked if it would be advantageous
ordinances so that all haulers must collect
this program, all haulers would be working
rates would likely remain more equitable.
to haulers for cities to pass
recyclables. He said, under
with the same added cost and
One hauler said that the success of Rohn Industries may compel other haulers
present at the meeting to look at offering recycling pickup. He added that
he thought recycling firms like Rohn would likely fill-in in the interim.
Sandy Roskowiak said it is likely that she would not do anything with her
hauling firm in the area of commercial/industrial recycling until the
tipping fees increase.
Dennis Fields said that haulers should take advantage of recyclables because
there is money to be made. Fields said that Rohn Industries is willing to
accept recyclables collected by haulers and handle marketing them. He said
that Rohn Industries is very interested in cooperating with haulers.
One hauler (unidentified) said that the best compromise would be to have
either a publicly run or privately run site so that people can dump
recyclable materials. He said the City would need to promote
commercial/industrial recycling to the commercial/industrial sector. By
making commercial/industrial firms aware of the option to recycle, the
dynamics of the market will take care of itself. The Cities will create an
atmosphere where haulers will want to be innovative. He said under such a
system, the incentive to the hauler would be to offer separate recycling
collections because if they don't do it, someone else will.
Carolyn Smith asked if Ordinance 13 affects commercial/industrial
recycling. She also asked if city recycling coordinators could get an
ordinance from the County to make commercial/industrial recycling mandatory.
Carl Michaud answered that the current ordinance does not specify what
sector the 16% volume must come from.
Dan Scherer said that the County's debagging program at the compost site is
essential to the yard waste collection program.
Dick Pouliot said Plymouth is looking at an ordinance, like the yard waste
ordinance, to require separate collections of commercial/industrial
recycling. However, it seems as though it would be more advantageous if
haulers could travel from city to city to collect.recyclables.
�,--�-� b
MEETING ON COMMERCIAL/INDUSTRIA RECYCLING
AUGUST 18, 1988
Page 6
Randy said that a convenient drop-off site is important. He said that if
given a place to drop recyclables, he would be willing to take the risk of
buying necessary equipment as long as the County does the marketing. He
noted that he would like a drop-off center to be within a 15 minute drive.
Carl Michaud suggested that everybody consider all the ideas discussed at
the meeting. He suggested that city coordinators get together to discuss
the issue of commercial/industrial recycling further.
HL:kec
attachment
COMr.1LRCIAL R_CYCLI►1G MLCTING ATTEND, LS
AUGUST 18, 1938
NAME
ORGANIZATION
PHONE- NUTAIBER
Dick Pouliot
Plymouth
559-2800
Helen LaFave
Plymouth
559-2800
Steve Riley
Robbinsdale
537-4534
Jean Buckley
Robbinsdale
537-4534
Gayle A. Prest
Columbia Heights
788-9221
Julie Jones
City of Crystal
537-8421
Carolyn Smith
WHRC
473-4643, 475-1003
Janie Chandler
City of Edina
927-8861
Kathy Bodmus
City of Hopkins
939-1381
Chuck Kutter
MRI
721-7451
Rick Hawkinson
Suburban San.
479-3435
LeRoy Walz
Walz Bros.
220-2302
Dan Scherer
Scherer San.
479-4333
Jim Gencauski
Waste Management
784-8349
Denny Fredrickeson
Aagard
645-1388
Tom Buckingham
Savage, MPJ
890-6441
Kevin Nordby
BFI
941-5957
Larry Waldvogel
BFI
941-8394
John Luoma
Super Cycle
342-9252
Dick Braun
Super Cycle
546-7500
Al Mast
Recycling Task Force
475-3887
Jerry W. Sisk
City of Plymouth
559-2800
Rick Gallagher
Gallagher's Service
784-4709
1
P'-Y!!OUTH BLV-',.. PLY! K1'1-1�ES,—,T.'.
ELEPHJIv=
MEMO
DATE: September 7, 1988
TO: All City Employees
FRONI,:
Frank Boyles, Assistant City Manager
SUBJECT WATER RESTRICTIONS LIFTED
Effective immediately the City Council has lifted all restrictions on
outdoor watering.
The restrictions are likely to be automatically reinitiated next spring.
Thanks for your cooperation. Contact Helen LaFave if you have questions.
Plymouth lifts all watering restrictions effective September. 7
terc
ions
._,.Restri.ct
The City of Plymouth has lifted all restrictions on outdoor water
isage effective immediately.
."."'The, water odd -even restrictions are likely to be reinitiated next
spring. _
Chariks for cooperating!
Questions? Call 559-2800 ext. 239.
} CITY OF
PLYMOUTR
FOR IMMEDIATE RELEASE
September 7, 1988
FOR MORE INFORMATION:
559-2800, ext. 239
The City of Plymouth has lifted all forms of outdoor watering restrictions
effective immediately. This action is due to the moderate weather, current
water usage levels, and to accommodate resident desires to reestablish their
lawns following the summer drought.
Restrictions are likely to be reimplemented next spring.
0
Thanks for your cooperation!
-30-
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
9 -vi
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2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt
Steven B. Schmidt
John G. Kressel
James M. Strommen
Ronald H. Batty
William P. Jordan
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
Steven M. Tallen
Mary Frances Skala
Leslie M. Altman
Timothy J. Pawlenty
Rolf A. Sponheim
Julie A. Bergh
Darcy L. Hitesman
David C. Roland
Karen A. Chamerlik
Paul D. Baertschi
Arden Fritz
Clayton L. LeFevere, Retired
Herbert P. Lefler, Retired
f�'f,. r`i`yy *it'ti ynn• t.f+��'iik •„i�✓ �� HiF .'} f* > >. _,� •4
LeFevere
Lefler
KennedN-
O'Brien 8�
Dra- z
a Profrssional
Association
August 31, 1988
Pat McLaughlin, Esq.
Oppenheimer, Wolff & Donnelly
Plaza VII
45 South Seventh Street
Suite 3400
Minneapolis, MN 55402
Re: Holiday Inn, Plymouth, Minnesota
Dear Pat:
I have reviewed your August 24, 1988 letter concerning
the possibility that a receiver might be appointed to run
the Holiday in Plymouth. I have discussed with the
director of Public Safety the implications of the ap-
pointment of a receiver vis-a-vis the City's liquor
licensing requirements. Based on the facts set forth in
,your letter, it is_my_opinion that the receiver—can
continue to operate under the existing license. You
should note, however, that a new license application will
be required when the existing one expires or whoj the
receivership terminates.
If you ask the bankruptcy court to appoint a receiver, I
request that you inform the court, of the state and local
regulations perta.ning'to persons who are ineligible to
obtain liquor licenses. I am enclosing a copy of Section
12ub.39•of the City Code and a copy of Minnesota Statutes
§340A.402. Those provisions set forth the persons who
are not eligible for liquor licenses.
Please call me if you have any questions.
Sincerely yours,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
'ji mes J. Thomson,” •Il.
0066LT30.I34
Enclosures
cc: [Richard J. Carlquist
LP
OPPENHEIMER WOLFF & DONNELL)*
Plaza VD
Brussels
45 South Seventh Street
Chicago
Suite 3400
Minneapolis
Hnneapolis, W� 55402
New York
(612) 3449300
Paris
Telex: 701605
St. Paul
FAX: (612) 3449376
Washington, D.C.
August 24, 1988
James J. Thomson, Jr., Esq.
LeFevere Lefler Kennedy
O'Brien & Drawz
2000 First Bank Place West
Minneapolis, MN 55402
Re: Holiday Inn, Plymouth, Minnesota
Dear Jim:
r
Z-(4.
AUG 2 5 1988
You may recall that we had occasion to discuss the above matter
earlier this year. At that time, Northern Life Insurance
Company, my client, paid more than $380,000 in property taxes due
on the facility in order to allow the facility to continue
dispensing alcoholic beverages. At the same time, we advised
that Northern Life was in the process of seeking the appointment
of a Receiver to take possession of the property during the
pendency of the foreclosure of Northern's mortgage.
On behalf of the City of Plymouth, you advised that the liquor
license then in effect for the property was not transferrF: le. I
responded that, in the case of the Receivership; -; *understood
that the Receiver would not be a formal transfesv:e of the present
license, but would only exercise the righ!�vf the present holder
during the term of the Receivership-;, -In order to allow for an
orderly transition r:xpiration of the Receivership,
Northern Lits or its assigns would apply for a license.
The discussions we had were rendered academic at the time by the
fact that Minnesota Plymouth Hotel Associates filed for relief
under Chapter 11 of the United States Bankruptcy Code. That
bankruptcy case continues to this date. In the bankruptcy
proceeding, Northern Life and Minnesota Plymouth Hotel Associates
entered into an agreement allowing Minnesota Plymouth Hotel
Associates to remain in possession of the subject property until
October 31, at which time any stay precluding Northern Life from
seeking the appointment of a Receiver to take possession would be
lifted. October is approaching, and recent discussions between
Minnesota Plymouth Hotel Associates and Northern Life lead me to
believe that a Receiver may be appointed sooner than October 31.
Given these facts, it appears that we may soon be in a position
OPPENHEIMER WOLFF & DONNELLY
James J. Thomson, Jr., Esq.
August 24, 1988 0
Page 2
to pursue the matters that were the subject of our discussions
last spring.
I would very much appreciate it if, at your earliest convenience,
you could contact me to discuss the license application process.
Sincerely yours,
Patrick J. McLaughlin
PJM/tjm
cc: Mr. L. E. Tomlinson
I
6798
6799 LIQUOR ACT 340A.402
A sale of wine exclu-
statement that no delinquencies exist which are required to be reported. if a retail
licensee previously reported as delinquent cures the delinquency by payment, the name
license may sell wine
:d religious organiza-
and address of that licensee shall be submitted in triplicate to the commissioner not
later than the close of the second full business day following the day the delinquency
nduct ceremonies in
was cured.
1:1 be used exclusivelySubd.
ee for a sacramental
3. Posting; notice. Verified list or statements required by subdivision 2
shall be posted by the commissioner in offices
bond in favor of the
of the department in places available for
public inspection and mailed to each licensed wholesaler not later than the day
eligious organization
following receipt. Documents so posted and mailed shall constitute notice to every
distiller, manufacturer or wholesaler of the information
license.
posted. Actual notice, however
received, also constitutes notice.
Subd. 4. Miscellaneous provisions. The 30 -day merchandising period allowed by
this section shall commence with the day immediately
following the date of invoice and
shall include all successive days, including Sundays and holidays, to and including
,presents a distillery,
the
30th successive day. In addition to other legal methods, payment by check during the
period for which merchandising credit may be extended shall be
eery, or importer.
must obtain a license
consideredpayment.
All checks received in payment for distilled spirits or wine shall be deposited promptly
for collection. A postdated check or a check dishonored
300, for an employee
er's license must be
on presentation for payment
does not constitute payment. A retail licensee shall not be deemed delinquent for any
alleged sale in any instance where there
:ry, or importer the
exists a bona fide dispute between the licensee
and the distiller, manufacturer or wholesaler as to the amount owing as a result
ial arrangement, and
is responsible for the
of the
alleged sale. A delinquent retail licensee who engages in the retail liquor business at
two or more locations shall be deemed to be delinquent with respect to location.
: broker, or employee
i licensed retailers to
each
Subd. 5. License suspension or revocation. The license of any retail licensee,
distiller, manufacturer or wholesaler violating
s or product changes,
any provision of this section shall be
subject to suspension or revocation in the manner provided by this chapter.
oner may revoke or
:mployee of a broker
History: 1986 c 465 art 2 s 7
pter, or a rule of the
may suspend for up
RETAIL LICENSES
on a finding by the
ted any provision of
340A.401 LICENSE REQUIRED.
Q
verages.
i within 60 days after
Except as provided in this chapter, no person may directly or indirectly, on any
Pretence or by any device, sell, barter, keep for sale, or otherwise dispose
that month the type,
of alcoholic
beverages as part of a commercial transaction without having obtained a licvrse.
he distillery, winery,
History: 1985 c 305 art 6 s 1
340A.402 PERSONS ELIGIBLE.
No retail license may be issued to: -
(1) a person nit s citizen 6t dnt United States or a resident alien;
fin_ . 1i�Cn5re,,,____,
_ ., _ (2; a person under 21 years of age;
the ordinary course
:r, manufacturer, or
(3) a person who within five years of the license application has been convicted
of a willful violation of a federal or state law or local ordinance
ereof. No distiller,
t retail licensee. No
governing the manufac-
ture, sale, distribution, or possession for sale or distribution, of intoxicating or nonin-
toxicating malt liquors;
:ept or receive credit
aly, and no distiller,
(4) a person who has had an intoxicating liquor or nonintoxica ting liquor license
revoked within five years of the license application,
I nor sell, furnish or
.ed delinquent under
or to any person who at the time
of the violation owns any interest, whether as a holder of more than five percent of the
capital stock of a
ny claim based upon
corporation licensee, as a partner or otherwise, in the premises or in
the business conducted thereon, or to a corporation,
ler selling to retailers
partnership, association, enter -
Prise. business, or firm in which any such person is in any manner interested; or
(5) a person not of
day of each calendar
good moral character and repute.
Histo r!' 1985 305
licensee purchasing
c art 6 s 2, 1986 c 330 s S
aler who, on the first
>eriod, or a verified
Plymouth City Code 1206.39 (Rev. 1987)
�a
1206.39. Persons Ineligible for License. No license shall be granted to or
held by person made ineligible for such a license by State law or who has within
five years prior to the application for such license, been convicted of a
felony, or has been convicted two or more times of a public offense other than a
felony, or of violating any law of this State or local ordinance relating to the
manufacture, sale, distribution, or possession for sale or distribution of
alcoholic beverages and who cannot show competent evidence under Minnesota
Statutes, Section 364.03 of sufficient rehabilitation and present fitness to
perform the duties of a licensee.
1206.41. Federal Stamps. No licensee shall possess a federal wholesale liquor
dealer's special tax stamp or a federal gambling stamp.
1206.43. Delinquent Taxes and Charges. No license shall be granted for opera-
tion on any premises on which state, city or county taxes, assessments, or other
financial claims of the state, city or county are delinquent and unpaid.
1206.45. Distance From School or Church. No on sale or off -sale intoxicating
liquor license or club license may be granted within the same block of any
school or church or within 500 feet of any school or church. The distances
established herein, shall be measured in a line from the parcel or lot upon
which the business to be licensed is located to the nearest point of the parcel
or lot upon which the school or church is located. The erection of a school or
church within the prohibited area after the original license application has
been granted shall not, in and of itself, render such premises ineligible for
renewal of the license.
The power of purpose
','Success in fife is in direct propor-
tion to the contribution we make,"
David McNally said. Financial or politi-
cal power is not the measure of suc-
cess. The power of purpose is. It's the
power that people when they realize
their goals are worth the effort,
McNally explained.
McNally speaks from experience. In
the early part of his life, he was
committed to one form of success—
wealth. By the time he was 26 he had
"made it." But, McNally's success
ended at age 28 when he went broke.
He accepted a position with a consult-
ing firm as a way of starting over.
However, the lack of purpose led him
into a mild depression.
He described the day he came out of
his depression. Unable to sleep, he
began reading a book at 5 a.m. about
Terry Fox, a cancer victim, living in
Canada. Fox had such a sound philoso-
phy about life that McNally wanted to
help perpetuate Fox's life. He has since
produced a film, "The Power of Pur-
pose" which is not only a story of
Fox's life, but is the basis for
McNally's way of living.
Two days after his 18th birthday Fox
learned he had a cancerous tumor in
his knee and his leg had to be removed.
McNally said Fox accepted what hap-
pened to him and did not focus on his
limitations, but concentrated on what
he wanted to do.
And what Fox wanted to do was to
raise $1 million for cancer research in a
Marathon for Hope, a run across Can-
ada. Fox's run was cut short when the
cancer spread into his lungs. He never
finished his run across Canada, but he
did raise over $24 million at the time of
his death.
McNally said that through Fox he
realized that the purpose of life is to be
a contributing human being. It is not
our job to control life, but rather we
should be in control, McNally
explained.
Fox at the age of 18 discovered his
purpose. McNally said the dilemma
many of us face is discovering our
purpose and how we can contribute and
make a difference. -DN
Marketing your city
The basic principles of marketing
cities, how cities benefit, and how to
implement a marketing plan were the
focus of this workshop.
Michael Sobolewski, special projects
coordinator, Minnesota Department of
Transportation, highlighted the basic
principles of a communications plan.
"Making something happen, prevent-
ing something from happening, exploit-
ing a situation, or remedying a situation
are four expected accomplishments in
a communications plan,'.' he said.
Sobolewski defined the mission, goal
statement, and purpose as "a dream
put into words." Other key elements
include the time schedule (how long
the plan will take), responsibility, work
necessary to complete it, the intended
results, a budget, and an ongoing eval-
uation process.
Robert Erickson, city manager of
Moorhead, explained Moorhead's
organizational plan "Moorhead in
Motion." He offered some cost effec-
tive methods for cities to come up with
a new logo design (e.g. art instructors,
commercial art students, etc.). Some
suggestions he made for city activities
included a community video, an annual
city dinner, and an employee service
awards program.
Communications Coordinator, Helen
LaFave, talked about Plymouth's com-
munications plan. The tools the city
uses are: a bi-monthly booklet of city
news and park and recreation programs
(80 percent of the residents read the
booklet, according to a recent survey);
an information booklet about the com-
munity and city for people moving into
the community; news releases when
appropriate; and a variety of other
public information pamphlets.
The city also cablecasts the city
council and town meetings and special
programs of city interest. When not
airing programming, the channel shows
printed text about city events.
The promotion plan for Plymouth's
recycling program includes providing
boxes to residents for recycling and a
weekly cash drawing.
She concluded that when developing
the program or plan, identify the target
audiences and get feedback. Develop
strategies and a budget. Organize the
program to make sure that the promo-
tions are clear and uniform. And finally,
whenever possible, have fun. -GB
Communicating with the
media
Communicating effectively with the
media requires a commitment of
resources, says D.J. Leary, president
of Media Services, Inc., a public rela-
tions firm specializing in public affairs
media counseling.
There are two types of communica-
tions—paid and unpaid. The paid
includes advertising which is a con-
trolled form of communications. The
unpaid is what Leary termed uncon-
trolled public relations and includes the
general news media.
Leary warned that government offi-
cials should not think every action is
news. It is news when a reporter
knows about it and the news director
decides to put it in the paper or air it
on television.
Leary warned officials that too many
news releases invalidates the city's
credibility. The media doesn't use most
news releases because they have no
news value or serve no purpose.
Target the message and audience, he
suggested.
Leary said city officials should try
and expand the communication meth-
ods they use. Interview programs
where listeners call in are a good way
to get messages out to the public. He
said if radio stations don't have such a
program, offer to help start one.
Generating the good news stories is
the positive side of the communications
plan, but city officials must know how
to handle the bad publicity, too.
When a bad news story is developing
city officials should: make sure they
know every detail of the situation;
analyze the implications; prepare
answers to every possible question;
prepare a statement with legal assist-
ance; appoint an official spokesperson;
avoid all "no comment" statements by
refering questions to the spokesper-
son; establish a monitoring system and
if there is misinformation, take all nec-
essary steps to correct the mistake;
and evaluate the procedure. -DN
August 1988 13
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Ehlers and Associates, Inc.
LEADERS IN PUBLIC FINANCE
__ I4! T&I 1 0 IM D'
- Y 4ME19
A BI -MONTHLY PUBLICATION
OFFICES IN MINNEAPOLIS AND WAUKESHA • 507 Marquette Avenue • Minneapolis, MN 55402.1255 • 612.339.8291
VOLUME 33, NUMBER 4
F I LE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
SEPTEMBER, 1988
BOND MARKET
While the BBI at 7.69% (20 year g.o. bonds) may seem high, it is much lower than the 13.44% of six
and a half years ago. An encouraging aspect is that the MOB spread (prices of Municipal bonds Over
taxable Treasury Bonds) has turned a point and a half positive.
A recent Credit Markets article attributes better tax-exempt prices to reduced supplies following the
1986 Tax Law changes, which is a point we made in the attached May 23 essay. Another writer
claimed that we shouldn't "trash" the tax -exempts by suggesting that they be limited to public
projects. But the MOB spread confirms the benefit of reduced supply. Now, if Treasury and Congress
could remove the uncertainties and complexities as to what is or is not tax-exempt ...?
TAXING OF MUNICIPAL BOND INTEREST
The South Carolina case, which said that Congress could tax the interest on state (and local) bonds,
clears the way for future taxes on municipal interest. The Court made its decision acknowledging
that the burden of such taxes actually falls on state and local borrowers and taxpayers. It said
(paraphrasing): "Nevermind the added cost to the states and localities. We've already said that the
federal government can tax other state and local contracts such as leases of state land to private
persons, equipment purchases, and state employees' incomes, even though the burden falls on the
contracting state and local governments. We acknowledge that federal taxation will increase interest
rates by 35%".
We now have a clear judicial recognition that the income tax is passed on to local governments and to
the cost of the services they provide. If true for state and local governments, then it must also be
true for private producers of goods and services. The case thus provides a guide to a more intelligent
policy which recognizes that the income tax is embedded in the cost and prices of all goods and
services, - - - which the consumer pays.
BLIND POOLS
Blind pools of tax exempt bond issues are not a cheap way to finance local improvements.
Comparisons show that most local governments do better borrowing on their own. If you're
interested we'll be happy to send our analysis.
Blind pools invite localities to submit wish lists of possible projects to lock in present "favorable"
interest rates with the promise that, if the local government can find lower cost financing, it need
not borrow from the pool. The pool may not force you to borrow from it, but the IRS is apt to say
that once a project is financed tax-exempt, a community cannot finance it again tax-exempt. Thus,
cheaper tax exempt financing may not even be available. That is not addressed in blind pool
propositions.
Blind pool financing of projects that may never be financed is not something that state and local
governments should foster since it doubles up the supply of tax-exempt bonds and raises interest
rates for real projects. W,
What makes blind pool financing "feasible" is the fact that the proceeds are invested in Guaranteed
Investment Contracts (GIC) which makes the bonds rated "Aaa", a rating not likely to be retained if
localities actually do draw down the proceeds for actual projects.
MINNESOTA SCHOOL DISTRICTS
Minnesota School Districts are faced with a number of new election regulations including provisions
that limit the setting of fall special election dates. An unusual number of districts will be voting
October 18.
The new law prescribes that special elections be held not less than 20 days before or 30 days after the
Primary and General Elections. This limits the dates available for districts who wish to vote bonds
(or levy referendum) and certify a levy prior to October 25 to the following choices: September 13
(primary), October 14, October 17 or October 18, which is on Tuesday, a traditional voting date.
A special election on the November 8 general election date may allow time to certify the levy if the
District is successful in requesting a 15 -day extension beyond the October 25 deadline. But if the
District misses the levy deadline for a bond election, it will be important to consider capitalizing
perhaps one year's interest in the bond issue.
A new Minnesota school facilities levy which is "equalized" can be attractive in that the State may
participate. The purpose is to provide monies for building repair and maintenance, for example,
without competing with educational equipment budgets. This levy may also be substituted for all or a
part of a debt service levy. We will be happy to explain how the formula works for your district.
EHLERS AND ASSOCIATES. INC.
Robert L. Ehlers
Founder
Carolyn Druue
Director -Vice President
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Reprinted from
Credit Markets
THE FIXED-INCOME SECURITIES WEEKLY
Monday, May 23, 1988 ':'
FORUM'
Essay
Clearer Tax Laws, Supply Constraints
Needed to Reduce Tax -Exempt Rates
By Robert L. Ehlers
Interest rates, especially tax-
exempt rates, continue at a his-
torically high level for reasons
even economists cannot fathom.
Most attribute the high rates to
Inflation or fear of inflation —
after all, "only" 4% is a 4% an-
nual loss of value.
Then there are taxes. Put the
two together, and even 81/2% tax-
able interest is unrewarding.
First, assume interest income
Is taxed prospectively at 33% by
the federal government and at
9% by a state, in this case Min-
nesota. This results in a com-
bined tax of 42%.
The tax reduces the effective
return on a bond yielding 81/2% to
about 5% — the formula is
0.085 x 0.58 = 4.93%. The in-
vestment return is further erod-
ed by 4% inflation, making the
the net reward less than 1 %. One
wonders why investors are satis-
fied with a gross yield of only
81/2% on long-term U.S. govern-
ment bonds.
The fact that Japan does not
tax interest on savings explains
why that country buys about
one-fourth of all U.S. debt issues
— with their comparatively lib-
eral yields.
Still, municipal bonds have
been neglected, even though bo-
nanza tax-exempt interest rates
are in excess of 90% of taxable
rates. Twenty-year tax -exempts
yield almost 8%, but the only re-
duction in return comes through
4% inflation, leaving a 4% tax-
free yield, four times the net
yield on taxables.
Clearly, for one taxed at top
state and federal rates, tax-ex-
empt bonds should be the in-
vestment of choice. So why are
they so cheap? Why don't tax -
exempts drop to a 5% yield to
compare with net taxable yields?
There are two main reasons: Un-
certainty about tax exemption
and an oversupply of bonds.
A large part of the reason be-
hind high tax-exempt rates is
that Congress, the Treasury, and
their staffs have so confused the
market that many participants
do not know what bonds are tax-
exempt or when they might be-
come taxable. They are unsure
whether a given bond is subject
to the alternative minimum tax,
whether banks may deduct their
carrying costs, or whether some
future action or failure to act on
the part of the issuer might make
a bond taxable.
This may have been the design
of the tax law, and, if so, it has
succeeded in wrecking the tax-
exempt market. Now, some
Treasury officials say tax-ex-
empt borrowing is an "ineffi-
cient" subsidy, the implication
being that no interest rates
should be exempt from federal
taxation.
It surely is inefficient now, but
only because a series of tax acts,
including the Tax Reform Act of
1986, have robbed the states
and their subdivisions of almost
all of the advantages. If we could
get tax-exempt yields down to
about half the gross rates on tax-
able bonds, great efficiencies
i.Jl:t✓:�1li
u
would be restored. How might we
do that? In two ways: Clarify the
tax laws and reduce the supply
of tax -exempts.
Clarifying the Tax Laws
The tax laws could be im-
proved in four ways to remove
major uncertainties:
• State clearly that bonds issued
for things public — everything
from schools to airports — ought
to be fully tax-exempt, without
regard to whether a facility
serves, or its financing is guar-
anteed by, private industry. If
the facility is to be owned by a
government, its financing ought
to be tax-exempt.
• Drop the 810 million per issuer
per year limit on bank -eligible
tax-exempt bonds.
• Do not threaten the investor
with future tax penalties be-
cause an issuer violates arbi-
trage rebate provisions.
0 Pass legislation prohibiting ret-
roactive taxation of municipal
bonds.
These corrections would large-
ly restore confidence in the tax-
exempt bond market and dra-
matically reduce state and local
borrowing costs. What else may
be done?
Reducing the Supply
This might appear strange, in
view of the statement above
about the federal tax laws, but it
is necessary that those laws fur-
ther reduce the supply of tax-ex-
empt bonds.
The oversupply is just as re-
sponsible as the tax laws for
high tax-exempt interest rates.
And new ideas on how to expand
the issuance of tax -exempts —
such as ways to issue tax-ex-
empt federal bonds that allow
private accumulation of funds
for college education — is exac-
erbating the problem.
A serious result of "creative"
tax-exempt financings is that
the demand for tax-exempt in-
vestments just could not keep up
with the supply, and many tax -
exempts had to be sold, through
mutual funds, to lower -tax rate
investors at yields high enough
to compete with other in-
vestments.
Some might suppose that if
one remedy, or the other is adopt-
ed, at least part of the reduced
tax-exempt interest rates might
be achieved. Could we reduce the
supply and get most of the re-
duced interest rate? Or might we
correct the tax law to remove in-
vestors' uncertainties and real-
ize some of the projected
savings?
The two causes of high inter-
est rates are not cumulative.
Thus, oversupply alone causes
high interest rates, and uncer-
tainty alone causes high interest
rates. Correcting only one prob-
lem would still leave a compel-
ling cause for high rates and
would not bring about a signifi-
cant improvement.
Mr. Ehlers is founder and president
emeritus of Ehlers and Associates
Inc., financial advisers based in
Minneapolis.
August 15, 1988
Mr. Walter Schuelke
16020 46th Ave. N.
Plymouth, Mn. 55446
CITY OF
PUMOUTR
SUBJECT: 1988 CONCRETE CURB REPAIR PROGRAM
Dear Mr. Schuelke:
=\ 0 C"
The following is our response to you concerning the course of
action we will be taking to complete the 1988 Curb Repair Program per the
project specifications.
Let me assure you that we will require the contractor to adhere
fully to the specifications which apply to this project prior to final
payment being made.
Upon our review of the concrete curb and gutter specifications, we
agree that modifications need to be done. I will address each area that
you had concerns about:
Special Provisions:
Item 6: Bituminous Street and Drive Replacement
In the future, in order to minimize the amount of
driveway and street replacement the contractor will be
required to saw -cut the adjacent bituminous a minimum
distance only enough to allow placement of the concrete
forms.
Item 7: Previous Work Record
This item should not have been included in the curb and
gutter specifications because it referred to previous
seal coat work.
Item 13: Payment
Payment will continue to be made per lineal foot. This
is done to accommodate the adding or subtracting of curb
replacement as determined in the field by City employees.
The method of concrete curb removal will be specified to
include saw -cutting each side of failed area and then
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
striking the curb with a weight to separate the section
to be removed from the good concrete curb.
Concrete Curb and Gutter
General Requirements:
The general requirements were taken directly from
standard specifications used on all of the City's new
concrete curb installation. projects.
Item 2.E: Joint Filler
No joint filler is required to be used.
Item 5: Preparation of Foundation
Proper compaction in the case of curb repair where the
base has been minimally disturbed, is smoothing of the
disturbed base and hand tamping. The contractor was
observed doing compaction by our field personnel.
Item 6.B: Forms: Setting:
Where the contractor has failed to provide improper grade
due to poor form setting, he will be required to either
remove and replace the affected section or resurface the
area and bring the flow line to proper grade.
Item 7: Joints
Only contraction joints are required and this was done by
the contractor.
Item 7.B: Reinforcing
Reinforcing rods are required on new service trenches.
There are no new service trenches and therefore this will
be deleted.
Item 8.C: Concrete: Finishing:
Face forms would need to be removed while the concrete is
still green only to finish the front of the curb, which
is not required. The exposed surface of the curb is the
only surface required to be uniformly finished.
Item 8.F. Curing and Protection:
It is apparent that the contractor finished the concrete
surface with at least one coat of spray -on curing
compound. It was not observed whether a second coat was
applied. We will look into this further to determine how
important a second coat is.
G
Item 9.A. Backfilling
No backfilling operations were actually observed by City
personnel. Your pictures show that some concrete chunks
may have been left behind the curb while backfilling took
place. Future projects will need more on-site inspection
to keep this from happening. The current wording does
require that selected material from the excavation should
be used for backfill.
Item 9.B. Disposal of excess material:
The contractor will be
on the vacant lot at
keep our eyes open for
may have been deposited
Turf Establishment
General Requirements:
required to remove all debris left
the end of 46th Avenue. We will
other areas where excess material
before final payment is made.
The first attempt by the contractor to place sod was
totally unacceptable and not in accordance with the turf
establishment specifications. After sitting down and
discussing with the contractor what we expect as
acceptable final restoration, he is beginning to do
better work. No final payment will be made until all
restoration work has been done according to the
specifications.
We feel that the annual Curb Repair and Seal Coat project is an
important part of our Pavement Management program. Maintenance projects
such as this are designed to save the tax payers money in the long run. It
seems that improvements can always be made to any system and we welcomed
your comments and suggestions.
Sincerely,
Chester J. Harrison, Jr. P. E.
City Engineer
CJH/kh
cc: James G. Willis, City Manager
Fred G. Moore, Director of Public Works
Dan Campbell, Senior Engineering Technician
=7- \ 01C�
September 7, 1988
Mr. Bob Pfaffinger
2235 Zanzibar Lane
Plymouth, MN 55447
SUBJECT: WATER SPRINKLING RESTRICTIONS VIOLATION
Dear Mr. Pfaffinger:
This letter is a follow-up to our telephone conversation. You have asked
that I confirm the dates and times of violations of the Plymouth water
sprinkling ordinance involving your address. You stated that you could
recall receiving only the first notice.
I am attaching for your information two letters. The first, dated June 18,
1988 indicates that at 3:10 p.m. of that day, you received by personal
delivery, the first warning under the water restriction ordinance by Fire
Department Officer Dave Leuer.
The second letter shows that on June 25, 1988, at 7:30 p.m., Fire Officer
Greg Leuer noted a violation at your address as well. This notice was
mailed to you on June 28.
As you know, under Plymouth City Code, a $100 fee is automatically assessed
for the second violation of the ordinance. As I stated on the phone, it is
not our purpose to create additional revenues. Instead we want to maximize
compliance. This was the reasoning which the Council used in establishing
the revised penalty.
There are no ordinance provided appeal avenues to this penalty.
I sincerely regret that this action was
shows that there was a failure to abide
your address, even though this failure
contact me if yo ave any questions.
Frank Wiles
Assistant City Manager
FB:kec
cc: Community Service Officers
Finance Department
Mayor & City Council
necessary, but our documentation
by the ordinance requirements at
may have been accidental. Please
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
DATE: 15 __0 4'6
NAME:21l� ��—
ADDRESS: Personal Delivery
ED Mail Delivery
SUBJECT: NATER SPRINKLING RESTRICTIONS DARNING/VIOLATION NOTICE
Dear Plymouth Water Customer:
The City Council has authorized water sprinkling restrictions which allow
outside water usage on an odd/even basis except between the hours of noon
and 9 p.m. On odd days, water users with addresses ending in an odd number
are permitted to use water for outside use. On even days, water users with
even numbered addresses are permitted to use water for outside use. No one
may use water for outside use between noon and 9 p.m,
Today, I have observed a viola on of the wa ear sprinkling restrictions at
your address at approximately j.' O a.m. p.m. The violation:
Odd/Even Restriction /Kl_ Hours of Usage Restriction
The City Ordinance provides that each water customer is entitled to one
warning. Any violation following the warning is penalized $100 per
violation. Each day is considered a separate violation. The penalty is
added to the water bill for the premises.
You are hereby warned that you have violated the water sprinkling restric-
tions. If you have been previously been warned of a sprinkling restriction
violation, the $100 penalty referenced above will be added to your next
water bill.
If you have questions, please contact 559-2800, Ext. 351.
Sincerely,
Richard Carlquist
Public Safety Director by:
cc: Public Safety Department
DATE:
NAME: 116 04 e
' Personal Delivery
ADDRESS: � 3-s
gH71 - /' F1 �
P/��"� Mail Delivery
SUBJECT: WATER SPRINKLING RESTRICTIONS WARNING/VIOLATION NOTICE
Dear Plymouth Water Customer:
The City Council has authorized water sprinkling restrictions which allow
outside water usage on an odd/even basis except between the hours of noon
and 9 p.m. On odd days, water users with addresses ending in an odd number
are permitted to use water for outside use. On even days, water users with
even numbered addresses are permitted to use water for outside use. No one
may use water for outside use between noon and 9 p.m.
Today, I have observed a violation of the water sprinkling restrictions at
your address at approximately a.rm. The violation:
13 Odd/Even Restriction k- Hours of Usage Restriction
The City Ordinance provides that each water customer is entitled to one
warning. Any violation following the warning is penalized $100 per
violation. Each day is considered a separate violation. The penalty is
added to the water bill for the premises.
You are hereby warned that you have violated the water sprinkling restric-
tions. If you have been previously been warned of a sprinkling restriction
violation, the $100 penalty referenced above will be added to your next
water bill.
If you have questions, please contact 559-2800, Ext. 351.
Sincerely,
Richard Carlquist
Public Safety Director by:
GV
cc: Public Safety Department
August 26, 1988
Mr. David C. Johnson
17435 County Road 6
Plymouth, MN 55447
Dear Mr. Johnson:
CITY OF
PLYMOUTH+
I wrote your architect, Stephen Krause, on July 26th, after you had requested
an additional extension of time to complete your landscaping. I told him
that, notwithstanding the Council action on your landscaping, proper erosion
control measures should be taken and all fencing required by the original
approval should be completed then.
I have just learned of concerns by neighboring property owners which suggest
that you still have not installed the required chain-link fencing and that
there is a dust and weed problem in this area, apparently due to the fact that
the landscaping has not been installed.
Please see that the required fencing for the entire project is completed; this
should be done by Friday, September 2, 1988.
I realize the City Council allowed an extension of time on the completion of
the landscaping; the September 16, 1988, date, however, is the date by which
all landscaping shall be completely installed. I respect the opinions of your
contractor, but I can't help but notice that throughout the City of Plymouth
during the past couple of weeks extensive landscaping has been done and is
being done on many commercial and industrial sites. The materials being
planted are in greater quantities than those required for your site and they
are comparable deciduous and non -deciduous materials. I urge you to contact
your architect and contractor and make sure that a high priority has been
placed on getting this work done.
Weeds should be cut and you should be assure appropriate erosion -control
measures are taken to minimize the dust and the damage to your grading.
Finally, I understand that not all paved driving and parking areas have been
bounded by curb and gutter; would you please check this, especially in the
vicinity of the original building on the east side?
Thank you for your cooperation. Please call me if you have any questions.
A
ely
Blair Tremere
Director, Planning & Community Development
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
DATE:
TO:
FROM:
t
r, MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
August 26, 1988
Frank Boyles, Assistant City Manager
Joe Ryan, Building Official
SUBJECT: HAZARDOUS BUILDINGS
As per your request, I performed an inspection at each of the sites referenced
by Mr. Pearl during a recent City Council Meeting. The results of my findings
are as follows.
1. 4025 Vicksburg Lane - The single family homes which is located on
this site has been removed, the property has been restored, and the
well has been property sealed and grouted.
2. 1935 Forestview Lane - Park and Recreation Director Eric Blank
applied for and received a building permit on December 31, 1987 for
the demolition of a single family home on this property. Shortly
after permit issuance, our fire department burned down the home as
a training exercise. The present condition is not only hazardous
but also constitutes a general nuisance as a result of the piles of
discarded materials both in and around the foundation of the
structures.
The masonry block walls and concrete floors (if any) need to be
broken up and removed from the site together will all other
miscellaneous items of debris. The existing well needs to be
properly sealed and grouted by a licensed well contractor. A well
permit is required for this work. In addition, the property also
needs to be regraded and restored to its natural state.
Please contact me should you have any further questions.
JR/tw
cc: Eric Blank
File
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September 7, 1988
Don Vessey
NHPPA Baseball
4425 Jonquil Lane
Plymouth, MN 55442
SUBJECT: INVITATION TO ATTEND 1989/90 CITY BUDGET PUBLIC HEARING
Dear Mr. Vessey:
At their September 6 Budget Study Session, the City Council discussed the
implementation of Recreation Program User Fees to better offset the actual
costs of recreational programming. While implementation of users fees is
most likely in 1990, the Council wants to begin to address the issue now.
Consequently, they are asking to receive your input on this proposal at the
1989/90 Budget Public Hearing.
The hearing is scheduled for Tuesday,
City Center, 3400 Plymouth Boulevard.
the Council on this important issue.
September 13th at 8 p.m. at Plymouth
This is your opportunity to address
This letter is being sent to each individual who expressed concern about the
user fee concept at the earlier Park and Recreation Advisory Meeting. If
you have questions, please call City Clerk Laurie Rauenhorst at 559-2800.
Sincere
Frank yles
Assistant City Manager
FB:kec
cc: Mayor & City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
:�--
Don Vessey
NHPAA Baseball
4425 Jonquil Lane
Plymouth, MN 55442
Ron Wilmot
Wayzata -Plymouth Soccer
3165 Fountain Lane
Plymouth, MN 55447
Gail Dieleman
NHPAA President
11705 - 45th Avenue
Plymouth, MN 55442
Greg Baufield
Wayzata -Minnetonka Football
4600 Shenandoah Lane
Plymouth, MN 55446
Carol Beach
Plymouth Athletic Assoc.
325 Merrimac Lane
Plymouth, MN 55447
Bob Losinger
Plymouth -Wayzata Youth Baseball
15510 - 45th Avenue North
Plymouth, MN 55446
Ron Long
NHPAA Football
4410 Goldenrod Lane
Plymouth, MN 55442
Denny Westendorp
NHPAA Hockey
12515 - 45th Avenue North
Plymouth, MN 55442
Pepper Asche
Plymouth -Wayzata Softball
18005 - 20th Avenue North
Plymouth, MN 55447
Charles LeFevere
284 Hockey
2714 Oakland Road
Minnetonka, MN 55343
September 7, 1988
Mr. Virgil Schneider, Mayor
City of Plymouth
X400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mayor Schneider:
I sincerely appreciate the time you took to respond to my letter to Governor
Perpich. I apologize for not responding to your letter sooner.
My letter must not have made my position clear. The entire essence of my
complaint, relating to taxes, revolves around the assessed value of my
property as it compares to the market or real value of my property.
For instance:
#3 "The house you are living in has appreciated since 1982."
Not so. The values you show are assessed values. The fact I was
asserting is that while the assessed value rose each year since 1982,
the real or market value of the home went from $276,000 in 1980 to
$270,000 in 1987. I paid $6,000 less than the house was built for in
1981.
There was no appreciation.
#1 "The average valuations in your neighborhood are between $200,000 and
$250,000. Yours is about $256,000. There is a direct relationship
between the valuation of your home and the amount of property taxes you
pay. if
This is exactly my point. I explained .that homes that were selling for
an equal or greater amount were being assessed at a lower value than my
home. Therefore, homes selling for more than mine are paying less
taxes.
Mayor, I do intend to speak with Scott Hovet. I have the records of valuation
for my home as well as the records of all the other homes in my
neighborhood. All I can ask for is an impartial judgment and parity in
assessing the value of my home.
Again, I very much appreciate your response and consideration.
Since ly,
Ra de !.Yeager
17405 6th Avenue North
Plymouth, MN 55447
cc: S. Hovet
\C')
September 6, 1988
Mr. Forrest Harstad
Harstad Companies
1900 Silver Lake Road
New Brighton, MN 55112
SUBJECT: UNLAWFUL FILL LOCATED ON LOT 4, BLOCK 6, KINGSVIEW HEIGHTS 2ND ADDITION
Dear Forrest:
On August 23, 1988 a letter was sent to you regarding the placement of unauthorized
fill material located on your property referenced above. I requested that proper
steps be taken to remove the material by August 29, 1988.
On August 31, 1988 a reinspection on your property was performed by our office which
confirmed that no formal effort to ensure compliance had been accomplished.
Once again, I am requesting your assistance to remove the material on your property
as referenced in my letter to you of August 23, 1988. Failure to obtain the
requested compliance by September 16, 1988 will be considered a violation of the
Plymouth City Code and immediate legal action will be initiated.
I am confident this matter can be resolved without the necessity of legal action.
Please contact me if you have any questions on the above.
Sincerely,
Joe Ryan
Building Official
cc: James Thomson, City Attorney
Kevin Mealhouse, Building Inspector
File
(ran K
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 30, 1988
TO: Helen LaFave, Communications Coordinator
FROM: Mark S. Peterson, Superintendent of Parks
SUBJECT: COMMUNITY IMPROVEMENT REMINDER CARD
As per an August 8th Community Improvement reminder card from
Bob Zitur. We have cut the weeds along the trail from 47th
Avenue to 48th Avenue near Schmidt Lake Park during the week
of August 15, 1988. I contacted Bob Zitur on August 26, 1988
to inform him of the progress.
MSP:cr
CI-IFY 0'r___ PLYMOUTHI
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
August 9, 1988 M E 10 Ch
DATE: .
Mark Peterson, Superintendent of Parks
TO:
Helen LaFave, Communications Coordinator
FROM:
COMMUNITY IMPROVEMENT REMINDER CARD
SUBJECT
Attached is a copy of a Community Improvement Reminder Card received on
August 8, 1988 from Bob Zitur, reporting tall weeds along Schmidt Lake Park
trail between 47th and 48th Avenue. Would you please investigate this
matter and provide me with a report of your findings. I would appreciate a
response by Tuesday, August 16. Also, would you please notify Bob Zitur as
to the status of this matter.
HL:kec
cc: Bob Zitur, Councilmember
S.F. 8/16/88
COMRINITY ImpRovEwNT REKIHXR
Adam. llse only
CIR No.
I have noticed a problem with:
Resident has noticed a problem with:
Intersection Sight Obstruction
Street/Potholes Watermaln/Hydrant
Brush/Weeds/Trees_
Traffic/ Filling/Excavating
Junk Cars
Traffic/ a� rking violation Garbage/Debris
Traffic/Street Sign/Signal Erosion/Dirty �trkets
Dead Animals in street
Sign Broken/Damaged Equipment
Streetlight
Other
Your name 176 h C���' Date —�-gg
Resident's Name
Address Phone
Rev. 3/28/88
September 9, 1988
CITY OF
PLYMOUTF+
Mr. Robert H. Smith
Assistant Vice President - Real Estate
Special Loans Division
First Bank
First Bank Place
MPFE 0507
Minneapolis, MN 55480
Dear Mr. Smith:
Thank you for meeting with me yesterday afternoon to further discuss the
City's interest in acquiring Lot 1, Block 1 of the Plymouth Hills plat
(Theme Center site). As I indicated to you during our discussions, I have
been authorized by the City Council to negotiate the purchase of this
property from your bank for the sum of $1,000,000. The purchase price would
be reduced by the amount of the outstanding special assessments remaining on
the property following taxes payable in 1988, which special assessments
would be assumed by the City with taxes payable in 1989 and thereafter. The
City is prepared to pay for the property in cash and is further prepared to
conclude the purchase in a timely fashion.
During our meeting I discussed with you the basis of the City Council's
determination of the value of this property, which I believe is reasonable
given existing market conditions in this area.
It is my understanding that you will present our offer to your associates
for their review and consideration. I will look forward to hearing from you
after you and they have considered this offer.
Yours truly,
0s G. Willis
C
It Manager
JW:kec
cc: Mayor & City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
•
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c�oN�tv�� Nod ONy �� �� .
ONLY cos lit! HIM wpb 1NOMN, -71 " �
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X.
Roger K. Lewis, FAIR, from his Washington Post
column, "Shaping the City."
`iI t
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 t� _ / `
TELEPHONE (612) 559-2800
DATE: August 16, 1988 for City Council Meeting September 13, 1988
TO: City Manager James Willis
FROM: Community Development Coordinator Charles illerud through Community
SUBJECT Development Director Blair Tremere
DIMENSION ASSOCIATES. REZONING, PLANNED UNIT DEVELOPMENT PRELIMINARY
PLAN/PLAT AND CONDITIONAL USE PERMIT FOR "PARKVIEW RIDGE" (88018)
ACTION REQUESTED: Adopt the draft Ordinance rezoning property from FRD (future
restricted development) District to R-2 (low density multiple
residence) District, and the Resolution approving the Residential Planned Unit Develop-
ment Preliminary Plan/Plat and Conditional Use Permit for Dimension Associates for
"Parkview Ridge" proposed for 78 single family residential detached dwelling units and
42 multi -family attached townhomes (120 total dwelling units) to be located in the
southwest quadrant of Juneau Lane and County Road 9 (Rockford Road).
Rezoning and the Planned Unit Development Plan require a 4/5 vote.
BACKGROUND:
The Planning Commission reviewed the application at the meeting on August 10, 1988 and
recommended approval by unanimous vote.
The City Council, at the meeting on July 18, 1988, deferred the item to the Planning
Commission to review the petitioner's response to specific City Council direction.
It was the consensus of the Planning Commission that the revised plans, as submitted,
responded to City Council direction concerning Condition Nos. 9, 10, 11, and 13 of
Resolution No. 299, that approved the Concept Plan for this development.
This item was withheld from the August 22, 1988 City Council agenda because we had been
informed that the applicant's rights in the property had expired. We have subsequently
been informed by the property owners that the applicant, Robert Wachter, has been
granted approval and consent to proceed with the Preliminary Plat actions on this
property.
RECOMMENDATION
We recommend adoption of the attached Resolution approving the Residential Planned Unit
Development Conditional Use Permit, Preliminary Plan and the Ordinance to rezone the
property from FRD (future restricted development) District to R-2 (low density multiple
residence) District.
Attachments
1. Resolution Approving Request
2. August 10, 1988 Planning Commission Minutes
CITY OF PLYMOUTH
ORDINANCE NO. 85-16
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS LOCATED IN THE
SOUTHWEST QUADRANT OF JUNEAU LANE AND COUNTY ROAD 9 (ROCKFORD ROAD) (88018)
Section 1. Amendment of Ordinance. Ordinance 80-9 of the City of Plymouth,
Minnesota, adopted June 15, 1980 as amended, is hereby amended by changing the
classification on the City of Plymouth Zoning Map from' FRD (future restricted
development) District to R-2 (low density multiple residence) District with respect to
the hereinafter described property:
(INSERT LEGAL)
Section 2. General Development Plan. This Ordinance authorizes the development
of said property only in accordance with the approved plat and site plan approvals for
File 85027.
Section 3.
Final Plat.
Effective Date.
Adopted by the City Council
ATTEST
Laurie Rauenhorst, City Clerk
cc: File 88018
This Ordinance shall take effect upon filing the
day of
, 19
Virgil Schneider, Mayor
i.
ti
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 88 -
SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED
IN THE SOUTHWEST QUADRANT OF JUNEAU LANE AND COUNTY ROAD 9 (ROCKFORD ROAD) (88018)
WHEREAS, the City Council has approved an Ordinance rezoning certain land located in
the southwest quadrant of Juneau Lane and County Road 9 (Rockford Road) from FRD
(future restricted development) District R-2 (low density multiple residence) District
in conjunction with approval of the Final Plat for Parkview Ridge for Dimension
Associates;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the Final Plat for Dimension Companies
for Parkview Ridge, to be filed with Hennepin County prior to the publication of said
Ordinance.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota, was held on the_ day of
19 The following members were present:
The following members were absent:
ETM
moved its adoption:
introduced the following Resolution and
RESOLUTION NO. 88 -
0
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT/PRELIMINARY PLAN/PLAT AND
CONDITIONAL USE PERMIT FOR ROBERT WACHTER, DIMENSION ASSOCIATES FOR PARKVIEW
RIDGE (88018)
WHEREAS, Robert Wachter, Dimension Associates has requested approval for a
Residential Planned Unit Development, Preliminary Plan/Plat and Conditional
Use Permit for Parkview Ridge for 78 single family detached units and 42
attached townhome units on approximately 40 acres located southwest of Juneau
Lane and County Road 9; and,
WHEREAS,. the Planning Commission has reviewed the request at a duly called
Public Hearing and recommends approval:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and -hereby does approve the Residential
Planned Unit Development Preliminary Plan/Plat and Conditional Use 'Permit for
Robert Wachter, Dimension Associates for Parkview Ridge, located southwest of
Juneau Lane and County Road 9, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's
expense.
3. No Building Permits shall be issued until a Contract has been awarded for
sewer and water.
4. Payment of park dedication fees -in -lieu of dedication with appropriate
credits in an amount determined according to verified acreage and paving
costs and according to the Dedication Policy in effect at the time of
filing the Final Plat with Hennepin County.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open storm water drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
l�
Resolution No.
Page 2
8. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
9. Maximum density shall be 3.2 units per acre for the land at or above the
established high water elevation per the adopted City Storm Water Drainage Plan
as verified by the City Engineer. A density bonus point is assigned for the
housing mix. The maximum number of dwelling units is 120.
10. An access drive off County Road 9 shall be provided for construction vehicles,
and all construction traffic shall access the property from County Road 9,
until the first home is certified for occupancy.
11. No private drive access shall be permitted to County Road 9; all private drives
shall be provided by internal public streets.
12. The private trails shall be built to City standards and shall be constructed
prior to issuance of Building Permits for homes on lots adjacent to the trails;
an exception may be made for Lots 1, 2 and 3, Block 3; and, Lots 3 and 4, Block
2, where model homes may be built but not occupied until the adjacent trails
are constructed.
13. The minimum side yard setbacks for all detached dwellings and accessory
buildings shall be 10 feet
14. The design of proposed private open space areas including tot lots is
specified. The approved improvements and equipment shall be installed prior to
issuance of Building Permits for homes on the adjacent lots.
15. Staff shall incorporate with the Final Plat and Development- Contract, the
provision for tree protection, as earlier drafted, providing for payment of
$50.00 per diameter - inch and for a $15,000.00 Bond.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
following voted against or abstained
the Resolution was declared duly passed and adopted.
_ The
Whereupon
Page 202
Planning Commission Minutes
August 10, 1988
MOTION by Commissioner Wire, seconded by Com ' sioner Zylla
to recommend approval for the Site Plan fo ichard Neslund,
subject to the 11 conditions listed the duly 7, 1988
staff report.
Commissioner Marofsky stated
existing outside storage t
property.
r he is concerned about the
is not justified for this
Mr. Ray Carlson state4Fthat the materials stored outside are
from only one tenant who is vacating the premises.
Vote. 5 Ayes. MOTION carried.
OLD BUSINESS
Vice Chairman Plufka introduced the request and reading of
the August 2, 1988 staff report was waived.
Vice Chairman Plufka confirmed that the proposal complies
with the conditions in Resolution No. 88-299 as directed by
the City Council.
MOTION by Commissioner Wire, seconded by Vice Chairman
Plufka to recommend the application be forwarded to the City
Council; and, that it conforms to the Council direction
regarding satisfaction of Condition Nos. 9, 10, 11, and 13
of Resolution No. 88-299 that approves the Residential
Planned Unit Development Concept Plan for Dimension
Associates.
Vote. 5 Ayes. MOTION carried.
Vice Chairman Plufka placed the Ordinance Amendment back on
the Table for ful_ther discussion.
MOTION by Commissions 're, seconded by Commissioner Plufka
to recommend the approva r the Ordinance Amendment re-
garding Home Occupation Con nal Use Permits, deleting
the "Examples" given, and to del the word "service" or
develop a language change, since a "s cell activity is a
part of such Home Occupations as, bea shop, piano
teacher, or bookkeeping/secretarial.
Commissioner Marofsky noted a correction, 'changing th ord
"or" to "of not more than one person who is a non-resid
of the premises;"
Vice Chairman Plufka noted the review and approval process
for Conditional Use Permits for Home Occupations have been,
and would be reviewed on the merits of the application and
meeting the Conditional Use Permit criteria.
MOTION TO APPROVE
VOTE - MOTION CARRIED
DIMENSION ASSOCIATES
PUD PRELIMINARY PLAT/
PLAN AND CONDITIONAL
USE PERMIT (88018)
MOTION FOR APPROVAL
VOTE - MOTION CARRIED
CONTINUATION ZONING
ORDINANCE AMENDMENT
MOTION TO APPROVE