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HomeMy WebLinkAboutCouncil Information Memorandum 08-17-1990CITY COUNCIL INFORMATIONAL MEMORANDUM August 17, 1990 1 RECYCLING CASH DRAWING No Winner Next Week: $200 UPCOMING MEETINGS AND EVENTS.... 1.- COUNCIL STUDY MEETING -- Monday, August 20, 5:00 P.M., City Council conference room. The Council will meeting in study session.to discuss the City Manager's job description, performance objectives, and city stop sign policy. 2. PLYMOUTH FORUM -- Monday, August 20, 6:30 P.M. Plymouth Forum in City Council chambers. 3. COUNCIL MEETING -- Monday, August 20, 7:00 P.M., Regular City Council meeting in City Council chambers. 4. FINANCIAL TASK FORCE -- Wednesday, August 22, 3:00 -7:00 P.M. The Financial Task Force will meet in the City Council conference room. Agenda attached. (M-4) 5. PLANNING COMMISSION -- Wednesday, August 22, 7:00 P.M. Planning -Commission will meet in the City Council chambers. Agenda attached. (M-5) 6. MULTIFAMILY RECYCLING PROGRAM MEETING _ Thursday, August 23, 7:00 P.M., City Council Chambers. The City's Solid Waste Advisory Task Force will meet with owners and managers of multifamily apartment buildings. Meeting notice attached. (M-6) 7. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday morning, August 29, 7:30 A.M. The Plymouth Development Council will meet in the City Council conference room. Meeting notice, agenda and May 9, 1990 minutes are attached. (M-7) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM August 17, 1990 Page 2 8. LMC REGIONAL MEETING -- Wednesday, September 12. The LMC regional meeting will be held at the Oak Glen Country Club in Stillwater. Attached is additional information on the meeting. If you plan to attend, please advise . Laurie by September 5 with your dinner selection. (M-8) 9. MEETING CALENDARS -- The August and September meeting calendars are attached. The August calendar has been revised to show the addition of the August 30 HRA meeting. (M-9) FOR YOUR INFORMATION..... 1. MINUTES• a. Wetlands Task Force, Summary notes from July 23, 1990 meeting. (I -la) b. Bassett Creek Water Management Commission, July 19, 1990. (I -lb) c. Planning Commission, July 25, 1990. (I -lc) 2. CITY ATTORNEY RESPONSE TO COUNCIL INQUIRIES -- Attached is a report from the City Attorney in response to inquiries from City Council Members on the status of Schmidt Lake road claims and the applicability of Open Meeting Law to Special Assessment Committee. (I-2) 3. LEN BUSCH ROSES - NIGHT TIME LIGHTS -- Monday morning I had a call from Mr. Busch regarding various matters; one of which involved the lighting question. Mr. Busch informs me that he has for a number of years operated one greenhouse year-round with lights. This greenhouse is situated immediately adjacent to County Road 101. He tells me that this greenhouse is used for the propagation of mums and poinsettias and the lights are used to control when the plants bloom. As I understand it, these plants will move to the bloom stage when there is less than twelve hours of light. For this reason he operates the lights from around 9:00 to 10:00 at night until early morning, as well as using the natural daylight hours. The greenhouse in question is 33 x 100 feet. Mr. Busch indicates he did not mean to mislead the Council when he discussed this matter with you, but rather was concentrating on the large scale lighting operation with the very intense lights. I informed him I would share this information with the Council. I am also attaching an August 10 letter from Blair Tremere to Mr. Busch on the lighting. (I-3) CITY COUNCIL INFORMATIONAL MEMORANDUM August 17, 1990 Page 3 4. ITEMS RAISED BY COUNCILMEMBER VASILIOU -- Attached is a memo dated August 13, I received from Councilmember Vasiliou raising a number of points. Also attached is my response. (1-4) 5. PINEVIEW LANE RAILROAD SIGNAL CROSSING -- At the August 6 Council meeting, the Council asked for a status on the installation of the railroad crossing signal on Pineview Lane at the Soo Line Railroad. Attached is a memorandum from Dan Faulkner, giving a status on the installation of this signal. As can be seen by Dan's memorandum, it is very unlikely that this signal will be installed until 1991. (I-5) 6. NEEDS ASSESSMENT FIRE STATION II -- Attached is a memo from Lyle Robinson which provides an overall needs assessment for Fire Station II. This memo is in response to Council direction. (I-6) 7. MEDICINE LAKE TRAIL UPDATE -- The attached Update on the construction of the West Medicine Lake Drive trail was mailed to residents this week. (I-7) 8. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-8) 9. TRANSIT RIDERSHIP -- July ridership statistics for Plymouth Metrolink (Northeast and Southwest services) are attached. (I-9) 10. RESULTS OF GOOSE REMOVAL PROGRAM -- Attached is a report along with statistical data on the third year of our goose relocation program. (I-10) 11. JET SKIS -- Attached is an update from Eric Blank on his conversation with the Long Lake City Clerk and their City's progress in drafting an ordinance regulating jet skis. Also attached is jet ski/boat count taken on Parkers Lake by City lifeguards for the period June 7 through July 10. (I-11) 12. METRO COUNCIL PUBLIC HEARING ON 1991 BUDGET -- The Metropolitan Council will hold a public hearing on its proposed 1991 work program and budget on Monday, September 10. A copy of the hearing notice is attached. (I-12) 13. EROSION CONTROL ENFORCEMENT -- Present City Code and the Erosion Control Policy satisfactorily address erosion problems which occur as a result of development. Attached is a memorandum from Laurie Rauenhorst on this CITY COUNCIL INFORMATIONAL August 17, 1990 Page 4 subject together with the policy and applicable ordinance provisions. However, neither City Code, City policy nor State Statute address the issue of erosion from already developed or agricultural land onto trails and streets. In such instances we have been left to rely upon the cooperation of the property owner. An example of an ongoing erosion problem from agricultural land is the land north of County Road 9 and east of Northwest Boulevard/West Medicine Lake Drive. After a rainfall, I have observed sedimentation covering the trail and turn lane of westbound County Road 9. If the Council concurs, I will direct the City Attorney to research what type of City Code or policy revisions would be appropriate to allow for enforcement in these instances. (I-13) 14. ELECTED OFFICIALS MAY JOIN PERA -- Attached is a newsletter from PERA reporting on the availability for Minnesota elected officials to participate in PERA's Defined Contribution Plan. (I-14) 15. CUSTOMER COMMENT CARD -- Attached is a follow up memo from Joe Ryan to a customer comment card turned in by Marsh Plumbing and Heating Company. The customer, Mr. Marsh, was unhappy with the time required to process a plumbing permit. (I-15) 16. REGIONAL TRANSIT BOARD - LOCAL OFFICIAL'S ADVISORY COMMITTEE -- The Regional Transit Board (RTB) has voted to establish a Local Official's Advisory Committee to advise the RTB Board on matters related to mass transit as used from a perspective of local officials. Frank Boyles, aka Mr. Metrolink, has been appointed as a member of this body. 17. PUBLIC NUISANCE COMPLAINT -- Attached is memo from Councilmember Vasiliou responding to my follow-up to a nuisance complaint at 2440 Jewel Lane. (I-17) 18. BZ CORRESPONDENCE -- I have received the following correspondence on City employees: a. Letter form Debra Moorehead-Parlato, 15615 45th Avenue North. (I -18a) b. Letter from Mr. and Mrs. Donn Mischke, Mischke Builders, Inc. (I -18b) 19. CORRESPONDENCE: a. Letter from Peter Tysdal, 3015 East Medicine Lake Boulevard, to Mayor Bergman, concerning building plans for his property. Also attached is a letter from the City Manager responding to Mr. Tysdal. (I - 19a) CITY COUNCIL INFORMATIONAL MEMORANDUM August 17, 1990 Page 5 b. Letter to Bob Thompson, Metropolitan Transit Commission, from Frank Boyles, regarding Request for Plymouth Metrolink proposal for April 1991 through March 1992. (I -19b) c. Letter to Stan Tikkanen, Wayzata Schools, from Chuck Dillerud, concerning improvements already in place for a pending amended site plan and conditional use permit for "Plymouth Creek School.", (I -19c) d. Letter to John Sandberg, JRS Enterprises, 5475 Highway 169, from Frank Boyles, concerning the completion date for an engine test cell. (I -19d) e. Letter responding to Mr. and Mrs. David Anderson, 1550 Juneau Lane, from Mayor Bergman, regarding their concern for Parkers Lake. (I -19e) f. Letter responding to Isaac Erickson, 5450 Ximines Lane, from Mayor Bergman, concerning the clean up of litter at City parks and trails. (I -19f) g. Letter responding to Josh Charles, 1812 E. Medicine Lake Blvd., from Mayor Bergman, concerning the proposed removal of four trees on 18th Avenue. (I - 19g) h. Letter responding to Donald Butler, 12805 55th Avenue North, from Mayor Bergman, regarding access to Bass Lake playfield. (I -19h) i. Letter mailed to developers and builders from Joe Ryan, advising of the City's new ordinance on rubbish disposal during construction. (I-191) j. Letter from Barbara Solyst, Amhurst Homeowner Association, concerning a dirt pile on the corner of 46th Avenue and Quantico Lane. A letter responding to Ms. Solyst from the City Manager is also attached. (I -19j) James G. Willis City Manager FINANCIAL TASK FORCE AGENDA August 22, 1990 4:00 - 7:00 P.M. 4:00 p.m. Dick Cadquist PUBLIC SAFETY DEPARTMENT - Police, Fire, Civil Defense 5:00 p.m. James G. Willis ADMINISTRATION DEPARTMENT - Administration, Elections Communications and Personnel 5:30 p.m. DINNER BREAK 6:00 p.m. Blair Tremere COMMUNITY DEVELOPMENT DEPARTMENT - Planning, HRA, Building Inspection, and Comprehensive Plan 7:00 p.m. ADJOURN M -y PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center WEDNESDAY, AUGUST 22, 1990 3400 Plymouth Boulevard CITY COUNCIL CHAMBERS 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 1. CALL TO ORDER 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS 6:45 P.M. 7:00 P.M. August 8, 1990 A. City of Plymouth HRA. Preliminary Plat and Final Plat for Glacier Meadows 2nd Addition located southwest of Fernbrook Lane and County Road 6 (90071) B. Crossroads Community Church. Conditional Use Permit to utilize the cafeteria of Sunset Hills Elementary School for services located at 13005 Sunset Trail (90074) C. Woodridge Church. Conditional Use Permit to allow use of the Wayzata Senior High School for services located at 305 Vicksburg Lane North (90075) D. Continuation of Public Hearing for Amendments to Zoning Ordinance from June 26, 1990 Meeting. (1) Flood Plain Regulations (4) Planned Unit Development Attributes (6) Temporary Real Estate and Other Signs 6. NEW BUSINESS A. Clinton Asche and Gary Yanish. Division of Platted Property and Zoning Ordinance Variances for property located at the Northeast Corner of 12th Avenue North and County Road 101 (90035) 7. OTHER BUSINESS A. Outside Storage, Display and Sales Ordinance Amendments B. Official Controls Element Subcommittee C. Joint Meeting with City Council, October 1, 1990, 5:00 P.M. 8. ADJOURNMENT M -S Cim AUG 17'90 August 8, 1990 Company Address SUBJECT: MULTIFAMILY RECYCLING PROGRAM CITY PROJECT NO. 099 Dear Owner/Manager: The City of Plymouth has and continues to receive telephone calls and letters both to the City staff and to the elected officials requesting that they be allowed to participate in recycling programs without having to personally deliver recyclables to the City dropoff center. Hennepin County has not seen fit to authorize funding to assist in the start up or maintenance of multifamily programs. The City of Plymouth is in receipt of a copy of a proposed Hennepin County requirement that cities pass an ordinance requiring multifamily recycling programs to be in place no later than July 1 of 1991. The City of Plymouth wishes to assist in any way possible with the organization and implementation of multifamily recycling programs. Accordingly, you or your representative are invited to a meeting on Thursday evening. August 23 at 7:00 p.m. in the City Council Chambers. This meeting will provide you with the opportunity to discuss the various methods of implementing a recycling program and how the City may proceed to assist in your efforts to abide by the proposed new ordinance requirement. Members of the City's Solid Waste Advisory Task Force will be in attendance and will use your input to assist in formulating a recommendation to the City Council as to the best method to proceed with Hennepin County's requirement of establishing recycling programs within all multifamily units in all cities of Hennepin County. 'If you have any questions regarding this meeting or wish to confirm your attendance, please call Karen or Dianna at 550-5070. Thank you. Sincerely Richard J. Pouliot Project Coordinator RJP : kh cc: Fred G. Moore, Director of Public Works 01M Daniel L. Faulkner, City Engineer 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000:�� r�uu 1 J µA- , -0-4 •, CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 7, 1990 TO: Plymouth Development Council FROM: Bob Burger, President SUBJECT: AUGUST 29 DEVELOPMENT COUNCIL AGENDA - The next meeting of the Plymouth Development Council will be held on Wednesday morning, August 29, at 7:30 a.m. in the Plymouth City Council Conference Room. The following items are scheduled for discussion. You may wish to bring up other items as well: I. Development Council follow-up on positive sanctions for tree preservation and response to fencing requirements. Bob Burger II. Status Report: Wetlands and Financial Task Force. Blair Tremere, Jim Willis III. Construction Debris Ordinance. Joe Ryan IV. 1991 - 1995 Capital Improvement Program schedule. Fred Moore V. Notice of Public and Private Facilities (see attached) . Jim Willis VI. Lot grading, drainage plan compliance by builders. Fred Moore, Jim Willis VII. Storm sewers versus swales in preliminary plat documents. Fred Moore VIII. Status of Comprehensive Plan amendments. Blair Tremere IX. Information requirements for preliminary plats. Blair Tremere I hope to see you at the meeting. My phone number is 473-5507. BB:kec cc: James G. Willis, City Manager Blair Tremere, Director of Planning & Community Development Fred Moore, Director of Public Works Joe Ryan, Building Official Dick Carlquist, Director of Public Safety Frank Boyles, Assistant City Manager S.F. 8/28/90 am AUG 17 190 .61 CITY OF PLYMOUTH ORDINANCE NO. 90- AN ORDINANCE PERTAINING TO HEALTH AND WELFARE AND ADDING A NEW SUBSECTION TO PLYMOUTH CITY CODE SECTION 600. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. The Plymouth City Code, Section 600 is amended by adding a new subsection to read: _s• MUM .- _ - • .� _s_ . MUFF - - M-3 • - - Section 2. This ordinance shall become effective upon publication in accordance with Plymouth City Code, Subsection 110.11. 19 Adopted by the City Council this day of , ATTEST: City Clerk M Mayor am AUG 17'90 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 27, 1990 TO: Mayor & City Council FROM: James G. Willis, City Manag SUBJECT: NOTICE OF PUBLIC AND PRIVATE FACILITIES 1. ACTION REQUESTED: That the City Council determine whether or not it wishes to take additional steps to advise private property owners of public or private facilities planned for an area which may be perceived as disruptive or obtrusive. 2. BACKGROUND: The City Council has asked that the City Attorney provide a report regarding additional actions the City might take to notify existing and/or new homeowners and businesses of planned public or private facilities which may be perceived as obtrusive or disruptive. The discussion was a result of the Schmidt Lake Road project wherein the City had required the developer in the area to install signage showing proposed Schmidt Lake Road relative to the lots being platted in order that new property owners would be aware of its existence. While the signage was effective in notifying property owners that a road would be installed, the typical reaction of property owners was: a. Perhaps the road would be delayed or cancelled because of problems with securing right-of-way, or Corps of Engineer permits; and/or b. The road would be "residential" and not a minor collector as has already been constructed between Pineview and Zachary Lane. The issues of Busch Roses and Bass Lake Playfield, have raised Council concerns about whether the City should take additional steps to advise homeowners. Circ AUG 17'90 M-7 NOTICE OF PUBLIC AND PRIVATE FACILITIES July 27, 1990 Page 2 Attached is a July 16, 1990 letter from the City Attorney's office, identifying three options available to the Council. The first option involves formalizing the Council's current policy of installing signage on undeveloped, property. This process would be formalized by ordinance and would require the city, or any private developer Ao install signage. To avoid the problems associated with Schmidt 'Lake Road, it may be necessary that the signs be required to show the projected year of construction, thoroughfare classification, and width of the roadway. Option two would require a statement in the homeowner's association documents or in restrictive covenants for non- PUD's. These restrictions would be called to the buyer's attention at the time of title examination. The final option would be to require residential developers to provide notice to lot purchasers. This could be done by ordinance as a condition of the plat or PUD approval, or in the development contract. Enforcement of this option may be a problem. If the Council elects to modify its current policy, it would be appropriate to communicate with the Development Council in order to obtain their input on this matter. The City Attorney will be present at the August 6 meeting and will be prepared to respond to questions teh City Council may have. JW:kec M Cjc; AUG 17'90 CORRINE A. HEINE Attorney at Law Direct Dial (612) 337-9217 July 16, 1990 Blair Tremere City of Plymotith 3400 Plymouth Blvd. Plymouth, MN 55447 HOLMES & GRAVEN CHARTERED 470 Pin bary Center. MlaneiWis, Miooesota 55402 (az 337.9300 Re: Council Directive re Notice of Public and Private Facilities Dear Blair: You have asked our office to investigate the means of putting residential property owners on notice of planned public and private facilities that are adjacent to residential property, where those facilities may impact adversely on the residential property. The concern involves instances where residential developments are adjacent to planned uses with spillover effects (such as lighted ballfields or lighted greenhouses). Because the planned uses -are not constructed, prospective purchasers of the residential lots oftentimes are unaware of the spillover effects. Although the buyers normally could obtain the information from the City staff, buyers typically do not conduct that thorough an investigation into planned uses for surrounding properties. The objective is to assist in putting the buyers on notice of the planned uses in order to ntinimize future disputes and complaints. You may wish to -consider one or more of the following alterna- tives: t 1. One option is to require the adjacent owners to put nearby residential developments on actual notice of planned uses for the adjacent property by posting signs. For example, the City could post a sign on its undeveloped property that says "Home of Future Fire Station No. 100." For privately owned property, the City might require the developer to post a sign as a condition of site plan approval, or the City could impose the requirement by ordinance. Anyone interest- ed in purchasing a residential lot in a neighboring develop- ment would presumably drive through the immediate area and see the sign. The advantage to this alternative is that signs can be as temporary as the situation requires; it does CIM JUL Z 'jo Cj�j AUG 17 °90 1A`7 Blair Tremere July 16, 1990 Page 2 not involve permanently recording a document against a person's property. (This is similar to the policy that the council has adopted for development signage showing arterial roads, Resolution No. 88-494.) 2. The City also could implement a procedure that would give buyers of residential properties recorded notice of planned uses on adjacent properties. For example,.in a planned unit development, the. City could require that the howeowners' association documents include a statement to the effect that owners should be aware that the development is adjacent to a planned public park with lighted ballfields. For develop- ments without PUDs, the City could require that the develop- er file restrictive covenants with a similar notice provi- sion. The restrictions should be called to the buyer's attention at the time that the title examination is conduct- ed and before the buyer closes on the property. It is possible that the residential developer may object to this type of requirement, particularly in non -PUD cases, because of the cost of preparing and filing the document, and because of the fear that it may cloud the property title. 3. The council could also require the residential developer to give actual notice to lot purchasers. This could be done by ordinance, as a condition of plat or PUD approval, or as a term in the development contract. Of these three methods, the best is to include the requirement in the development contract. Nevertheless, enforcement could be a problem, because it will be difficult for City staff to know whether the developer is complying with the contract requirement. Regardless of which option, if any, the council elects to pursue, the City must identify the types of spillover effects of which the City wants to put people on notice. Those uses should be identified in advance rather than on a case by case basis. Otherwise, the requirement could be challenged as arbitrary. Please call me if you have any questions regarding this matter. Sincerely, Corrine A. Heine a:p1100132.005 cc: JIM. Thomson Lam" Willis CSM AUG 17 '90 CIM JUL 20`90 ?1.'` •7 MINUTES PLYMOUTH DEVELOPMENT COUNCIL May 9, 1990 PRESENT: Harry Dean, Northwest Industrial Realty; Dale Kennedy, PLL. EST.; Terry Forbord, Lundgren Bros.; Bill Pritchard, U.S. Home Corp.; Tom Loucks, Loucks & Associates; Craig ' Scherber, Craig Scherber & Associates; Paul Anderson, Welsh Construction; Charlie Pfeffer, Gonyea Company; Al -Schackman, Ryan Construction Co.; Fred Haas, Mary Anderson Homes, Inc.; John Mullan, Barton-Aschman; , Larry Laukka, Laukka Development Co.; John Lavander, Caliber Development; Greg Anderson, Laukka Development; Bob Burger, Burger Development; City of Plymouth: Kim Bergman, Mayor; James G. Willis, City Manager; Fred Moore, Public Works Director; Blair Tremere, Director of Planning & Community Development; Dick Carlquist, Public Safety Director; Joe Ryan, Building Official; Don Kissinger, Forester; Mark Peterson, Superintendent of Parks; Chuck Dillerud, Community Development Coordinator; Frank Boyles, Assistant City Manager; Lyle Robinson, Fire Chief; Kevin Leuer, Fire Inspector; Stan Scofield, Fire Inspector, I. STATUS OF PLYMOUTH COMPREHENSIVE PLAN AMENDMENTS Blair Tremere stated that Plymouth is one of the first communities to submit updated Comprehensive Plan elements in accordance with Metropolitan Council requirements. The key element of the plan in this revision is the transportation element. Going has been slow with respect to Metropolitan Council approvals as they have been meticulous in desiring specific commitments by the City to ease transportation impacts throughout the community. He expects that the Metropolitan Council will approve the City's Comprehensive Plan sometime this summer. Until then, lands which are proposed to be opened in the stage growth area by this year's CIP would not be eligible for development. Bob Burger indicated that he has a concern about impact fees being initiated since this is how the discussion began in California. Jim Willis said that the scenario is likely to play itself out in Minnesota as well as taxpayers continue to rail against property taxes. cim AUG 17 `90 PLYMOUTH DEVELOPMENT COUNCIL MAY 9, 1990 PAGE 2 .� r ��� •it" 31 �A•7 Blair Tremere reviewed the proposed membership for the Wetlands Task Force. Citizen representatives are still being appointed. Maria Vasiliou, Chair of the Committee is hoping that work will be completed by the end of the summer season. The purpose of the task force is to assure that Plymouth wetlands are protected without chasing development away. Terry Forbord asked whether the task force will become a review board for development proposals. Blair stated he did not, believe so and instead, the task force would be temporary, completing its work by recommending revisions in City policy or ordinance. He encouraged Development Council members to supply input to the Wetlands Task Force members. III. STATUS OF TRANSFER STATION Blair indicated that the proposed Transfer Station petition has not progressed since the initial materials were submitted by Hennepin County. Black & Veatch, a consultant firm, evaluated the County petition for the City, identifying deficiencies which were sent to Hennepin County last year. The County has not provided the City requested information since they do not have sufficient funding. Blair expects that the County Board will approve selection and funding of a consultant to supply a response to the questions and deficiencies on the Plymouth site. IV. REFUSE AT CONSTRUCTION SITES Joe Ryan stated that his department had received many concerns from residents about debris and discarded construction materials on sites under construction and undeveloped sites. An investigation shows that Maple Grove administratively requires a dumpster or snow fence on each developing site. While Plymouth does not yet have this requirement, we do prohibit refuse accumulation. He asked the cooperation of Development Council members to ensure that properties are maintained. He stated the problems are primarily in the new development areas. Jim Willis encouraged developers to help the City and cooperate to resolve these problems. Mayor Bergman stated that it is likely that the City will have some sort of ordinance requiring containment of refuse. Bob Burger stated that the requirement to have snow fence or some other containment means is reasonable, but that the costs of a dumpster would be prohibitive. It is difficult for developers often to control the work of subcontractors who are single, independent operators. Terry Forbord stated that commonly refuse is transferred to the appropriate container at the end of the work day so that during the CLZi4VV X& W=VMAA+VrrAU"N& MAY 9, 1990 PAGE 3 day there is the possibility of refuse blowing off the site. A Fred Moore reviewed the 1990 elements of the Capital Improvement Program. He showed where sewer and water extensions will open up new lands for development in the area originally established as part of the stage growth plan. He expects that the western most sewer line will be under construction this fall and winter. Water lines will be installed along with the sewer. Alignments are also needed for the extension of County Road 9 and West Medicine Lake Road before development can take place. He stated that the CIP opens up approximately 1,400 acres for development. IV. EROSION AND SILTATION CONTROL PROGRAM Fred Moore stated that proposed changes in the Siltation and Erosion Control Policy had been sent to Bob Burger. He expects that the Council will consider this item at their May 21 meeting. The policy requires that the City give a developer one 48 hour notice for cleanup at the beginning of the construction season, before drawing upon the bond. Thereafter, the City is not obliged to provide any further notice. As a practical matter, the City tries to provide leeway between major rainfalls and expecting cleanup. Twenty-four hours is normally allotted the developer to clean up. If no cleanup action has taken place by that time, the City calls out its contractor and assesses a fine against the developer. Bob Burger stated there appears to be a better understanding by developers and contractors of the City's expectation on the Erosion Control Policy. Fred Moore stated that the same person will be administering the policy this as last year. Toward the end of the last construction season there was a high degree of cooperation and understanding. Fred Moore stated that the reason the City does not provide a phone call to the developer aside from the administrative burden is the fact that the developer is responsible for keeping the site clean and should not be relying upon a phone call from the City in order to initiate action. Larry Laukka expressed concern that last year there was not 24 hour notice allowed from the rainfall because he had been penalized by the City even though he has a contractor whose obligation it is to sweep the street at the end of each work day. VII. TREE PRESERVATION Don Kissinger stated that he had conducted 265 lot inspection since July 1989 which was the initiation of the policy. He said 250 of those were single family lots. PLYMOUTH DEVELOPNXNT cvvNctL MAY 9, 1990 PAGE 4 M'7 Only one builder was required to pay for tree destruction thus far. To improve the policy, he has prepared a checklist in order that contractors and developers call for tree inspections early in the process, especially during the construction season so that there are no delays in getting this process accomplished. Jim Willis stated that the City needs the developer's feedback on how this policy is worked. Chuck Dillerud stated that this year grading permits will trigger the request for preservation policy inspection. He reminded developers to be aware of this Timeline. The policy is intended to address all property types, some of which are regulated through site' plan approval procedures. Don Kissinger said that he will be putting together a checklist of tree species which he considers "long-lived hardwood" and distributing those. Don Kissinger stated that the policy had been modified to provide a larger construction area. This had been done by stating that to be eligible for preservation, the tree must be outside of the construction zone and no more than 50% of the drip line may be within the construction zone. One of the Development Council members expressed concern that the policy is punitive and ignores the fact that developers sometimes add trees to the property. Blair Tremere stated that Eden Prairie and Burnsville have made their policies into ordinance requirements. The City's policy is intended to preserve trees and not to be a tree planting program. Bob Burger suggested that perhaps the Development Council should suggest something to the City Council. Terry Forbord agrees with a "reward" system. Chuck Dillerud suggested that the tree preservation policy could be used to assist in allocating Planned Unit Development density credits. Blair Tremere suggested that the Development Council come up with a proposal in this area. Terry Forbord, Bill Pritchard, and Bob Burger will work to develop a proposal on tree preservation, both on: 1) how positive sanctions could be used to encourage developers who both preserve and add trees to the site, as well as; -2) the Forster's proposal of placing fencing around trees to be protected to assure that protection actually takes place. Terry Forbord expressed concern that excavators do not have enough space to put spoil material right now and that there is a logistical problem which could be further complicated by the addition of fencing. VIII. ACCESS ROADS AND FIRE HYDRANTS Dick Carlquist stated that the City has run into some problems in the past with buildings under construction without any formal access road to them. There have been fires in townhouses and single family structures under CIM AUG. i i"21,0 PLYMOUTH DEVELOPMENT COUNCIL MAY 9, 1990 PAGE 5 construction which the City would have had to allow to burn if no access roads would have been there. Stan Scofield cited examples. The Fire Code requires that an access road be installed prior to the initiation of construction. Dick Carlquist is asking developers for their cooperation so that it is not necessary to develop a new city code or policy which would mandate the construction of roadways into subdivisions or commercial and industrial developments prior to the initiation of building construction. Bob Burger suggested that he, Bill Pritchard, and Al Schackman work together to determine what might be done to assure voluntary compliance in order that an additional policy or city code provision is not required. The meeting was adjourned at 9:15 a.m. The next meeting is tentatively scheduled for August. CIM AUG 17 'gJ Lq1C League of Minnesota Cities August 10, 1990 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) TO: Mayors, Managers, and Clerks -(Please share with your councilmembers) FROM: Bob Benke, President, League of Minnesota Cities and Mayor, City of New Brighton SUBJECT: LMC 1990 Regional Meetings Please accept this invitation to join us at one of the League of Minnesota Cities 1990 regional meetings. I would particularly like to draw your attention to the League's afternoon program. For the first time at a regional meeting, we are devoting a substantial amount of time to youth programs and youth involvement in local communities. I hope that all elected officials, police officers, and park and recreational employees, will be able to attend the afternoon program. The program begins at 2:30 p.m. with an update on underground storage tanks and the small cities and towns accounting systems- Truth in taxation follows with a brief review of the rules associated with implementing the truth in taxation law. Next, the topics focus on issues associated with our youth of today; tobacco, drugs and getting and keeping our youth involved in the community. This is a wonderful opportunity for cities to learn how, through community programs, to keep youth involved and how they can avoid many financial and social burdens that result from drug use, crime, teen pregnancy and so on. Come prepared to share your community's successes, failures and needs. To complete the -afternoon program, there will be a roundtable discussion focusing on recycling and waste reduction programs. If you feel your city has a recycling program in placd that would serve as a good model for other cities to follow, I hope you would be willing to share your ideas with others. Dinner will be served at 6:15 p.m. Following dinner, the League will preview its new video, "Cities and the State: A Mixed Perspective." The video focuses on the fiscal relations between state and local -- OVER -- Cii�r�17 '90 CIS A13G I""') ) �A,x Mayor, Managers, and Clerks Page 2 August 6, 1990 leaders. Legislators such as Rep. Paul Ogren, Senator Doug Johnson, and Speaker Robert Vanasek, to name a few, were asked about their attitudes toward cities. City officials who have witnessed the the role cities play in change in state's perspective concerning eir opinion on this governing Minnesota, were also asked to share th important issue for this video. As a followup to the video, the League will discuss its plans to enhance Minnesota cities' stature at the Legislature and willwhatour coIs efforts. I hope y ntact city can do to assist the League your legislators and invite them to attend the regional meeting and join in the discussions. To register for a regional meeting, please contact the host city contact listed on the attached regional meeting schedule. I look forward to seeing you and hearing your ideas. GIM AJC 17 'gU League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227-5600 (FAX: 221.0986) 1990 League of Minnesota Cities Regional Meeting Program * Afternoon Program 2:30 - 2:45 pm Update on Underground Stofage Tanks 2:45 - 3:00 pm Follow-up on Small Cities and Townships Accounting System 3:00 - 3:15 pm Truth in Taxation Reauirements for all Cities 3:15 - 4:30 pm Youth & Tobacco -- Presentation by the Minnesota Smoke Free Coalition Community Drug Prevention and Awareness Programs -- Minnesota Office of Drug Policy 4:30 - 5:00 pm Roundtable Discussion Community Recycling and Waste Reduction -- Does your city have a program that works? Evening Program 6:15 - 7:15 pm 7:15 - 7:30 pm 7:30 - 7:45 pm 7:45 - 8:00 pm 8:00 - 8:15 pm 8:15 - 8:45 pm 8:45 - 9:00 pm Dinner Host City Welcome LMC President's Message -- Robert Benke, Mayor, New Brighton Video - "Cities and the State: A Mixed Perspective" Reflections on State/Local Relationships Discussion/General Questions Legislative Candidates *See enclosed Notice/Registration form for golf outing. CIM AiJ-b17 '90 cliff! AUG 10 '90 REGISTRATION FORM 1990 League of Minnesota Cities'Regional Meeting at Stillwater; Minnesota September 12, 1990 We will have city officials attending the Regional Meeting in Stillwater ante agree to pay for these meals unless the host city is notified of any changes by September 7, 1990. Names/Titles of Persons attending: Person making reservation: City: Phone: ( ) Please indicate choice of Entree: ($14.00 each, includes tax & gratuity) Broiled Sirloin Steak w/Sauteed Mushrooms Baked Cod w/Herb Style Sauce Chicken Breast Supreme w/Seasoned Rice Number of attendees x ($14.00) = Please make checks payable to City of Stillwater and return with registration form to: Mary Lou Johnson, City Clerk City of Stillwater 216 North Fourth Street Stillwater, Mn. 55082 PLEASE RETURN REGISTRATION FORM BY AUGUST 31, 1990 Cion AUG 17 'JO difvi A'•iG 1 i) '?0 Ulm Aub 1 If `4J n N LL N O S O N Of N Qf � w W N co 3 2 a r, O W ~ N N CC N O f N 01 tD ? N N M Ulm Aub 1 If `4J . .T I 110 CC 'b N Q L/ N Q � u - (y) N M � H � cr W � P+ o CM O N N M Q moa oa D AVO VO w • • C'3 0 C7 0 Z Lu Z Z LO 00 U- aM: N aM N Q 0 w D 00 I� z N N r� M :E: z �� H (nM �- >4 a U O O O �M ) O O � cn O Z O H Ln rn ce O U �^ gJ^ U = O == F w � CM 0 C) LLI CD I� (0- � � u, N N Q Z D N Oil In �— N Ulm Aub 1 If `4J CIM AUG 17'90 O N N IQ C4 N — OF N QI W n O M O P W N m O� O W N O m Ch O U :) — N f7 O ' 2 — CO W N CA O N N tu N N 3 f r` It N N n It N CO tq CIM AUG 17'90 O CO)O P a LL ' N M n N CA tD M O O N M O� O r O Ln N Cf Y iO tu N N 3 o O n It N CO t Q OL= CV) cc O O N N n D 2 tD N CA CD 1 N N i�1 CIM AUG 17'90 O a O� Q Y iO o ' CV) cc D Q 4� N N ;> 00 N N Q CC LL T- M 00 I� N N LD Z �) Z (� Lv 3 H w W W LLI CY)"' O .. r* -.C0 `° N z z E� O O O N O LU Z O z Z ,�CN O a , M CDa�- 0.. N J Q 0 N o U J 00LO N m S U O O C) z LL- fm OLiw [Z'� Q �-+ O Ln C:) O O =r~rU O CD OC) �F- M X:�- N N z ` } 0 m f z N C� N CIM AUG 17'90 =• \o-. 1=0 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 TO: Members of Task Force on Wetlands FROM: Blair Tremere, Community Development Director SUBJECT: SUMMARY NOTES FOR THE JULY 23, 1990 MEETING Members Present: Chairperson Maria Vasiliou, Councilmember Carole Helliwell, Don Anderson, Mary Peterson, Hans Hagen, Thomas Stenoien, Paul Wirtz, Peter Pflaum, Dick Plufka, Mike Stulberg, Vincent Driessen, John Griffith, Fred Moore and Blair Tremere. Also present City Attorney Jim Thomson and res idents Tom Jes and Randy Begin. Chairperson Vasiliou called the meeting to order at 7:00 P.M. and called the roll. She introduced City Attorney James Thomson who had been requested to provide the Task Force a legal perspective. Mr. Thomson reviewed his July 20, 1990 letter which covered the general City authority, the effect of State regulations, the effect of Federal regulations and constitutional issues., Mr. Thomson then responded to several questions from Task Force members about the possibility of adopting standards more stringent than those enforced by the Department of Natural Resources, for example. The next item was discussion of the mission of the Task Force and direction from City Counci).. Chairperson Vasiliou reviewed the Mission Statement in the July 17, 1990 memorandum. She noted particularly that the City Council hopes to be able to adopt regulations which are sensitive to the concerns voiced by residents and developers which are designed to preserve natural amenities within the community while yet not undermining continued community development. according to the City Comprehensive Plans. The next item was a review of available resources including the possibility of consultants. Blair Tremere indicated that substantial research had been completed much of it in the form of ordinances and other information from communities and agencies. This material is available for review by Task Force members. cim AUG 17'90 a:: \o.. The next item was discussion of the Task Force meeting schedule and work plan. Chairperson Vasiliou suggested that November 1, 1990 be established as the goal for completing a report and recommendation to the City Council. She asked for discussion of that and the desires of the Task Force members as to when meetings should be conducted and how often. Thomas Stenoien stated that the November 1 date seems reasonable and he cited a number of matters that should be covered including the regulation of wetlands that fall below the thresholds used by the State. He stated that it would be productive to hear from the Department of Natural Resources (DNR) representative. Peter Pflaum indicated that it would be productive to examine what other cities have done in this regard. Blair Tremere commented that staff had obtained a number of ordinances and other materials regarding that and that the Task Force members should feel free to examine the materials. Chairperson Vasiliou inquired whether the Task Force would want to break up into subgroups with each taking some issues or an issue; also whether the Task Force would want to have representatives from other cities come to visit and explain their experiences with regard to wetland regulation. Richard Plufka stated that the Task Force should first determine what is failing or what is the problem and then determine what is causing the problem. By doing that first, the Task Force can then focus on solutions. He stated that he did not need to be convinced that wetland preservation had merit; he needs to understand what the apparent problems are so that he can help find solutions. Mike Stulberg agreed and inquired as to information available that would show what we now have with respect to wetland regulation and what do cities around us have by way of rules and regulations that might be comparable. He stated that he has a concern with the State itself having a bad effect upon wetlands through highway construction, for example even though the City and other agencies are expected to regulate private property owners. Chairperson Vasiliou cited a recent effort in the legislature to pass a bill that would have provided for further wetland regulation; she noted the bill was not successful and that was due in large part to influence of rural interests. „. Carole Helliwell inquired as to whether the City knew where all the wetlands were. Mr. Moore responded that we do necessarily have maps of where every wetland is but we do know where the protected wetland areas are by virtue of a map provided by the Department of Natural Resources; further, the soil type approach used by the Army Corps of Engineers is available through the City where it is possible to identify areas where there probably are wetlands. He stated that field verification is often required. He explained there are essentially three agencies that now control: the Environmental Protection Agency (EPA)/Corps of Engineers; the DNR; and State Soil and Water Conservation Agency. °. - 2 - CIM AUG 17 �9,0 . . ti There was further discussion about the graphic information the City might have regarding current wetlands. Don Anderson stated that he agreed with Mike Stulberg and suggested that input from persons from other communities would be helpful eventually. John Griffith commented that State agencies are not easy to deal with with regard to permits and he is concerned that a duplicate effort not be created with parallel local regulations. There are many controls In place now and the Task Force should become aware of them before adopting new ones that apply just to the City. ' Chairperson Vasiliou inquired of Mr. Griffith whether there were now rigorous tests or analyses and Mr. Griffith responded in the affirmative, depending upon the particular area. He cited a recent example of a development that his company proposed and that they were informed that at the present time no wetland alterations were being allowed by the Army Corps of Engineers. Hans Hagen agreed with Dick Plufka in that the Task Force should identify specifically what the problems are. He stated it was almost impossible to solve a problem without first identifying it and he agreed that the Task Force should listen to others and place the emphasis on listening. He also suggested that if additional regulation is deemed necessary, the City's efforts should be of a coordinate in nature where for example a developer could expect that if he met Plymouth's singular regulations, he would be simultaneously meeting or exceeding those of all other agencies. Paul Wirtz inquired whether there would be summary notes of all meetings; Blair Tremere responded that there would be. He also indicated that the meetings could be tape recorded so that members could listen to the tapes later if for example they missed a meeting. Paul Wirtz stated that the Task Force should identify the problems and the scope of the work. The Task Force could then identify specific objectives which would take the form of an action list. Tom Stenoien stated he could appreciate the difficulty developers have in dealing with the DNR and Army Corps of Engineers following his personal experiences relative to a road construction project. Chairperson Vasi).iou.suggested that the next step be one of education and that the Task Force consider hearing first from the three primary agencies which now control wetland regulation, the DNR, the Army Corps of Engineers, and the Board of Water Resources. Also Task Force members could study some of the materials provided including those available at the City. Mr. Tom Jess, a Plymouth resident, stated he represented the Minnesota Waterfowl Association and he handed out information to the Task Force members and asked them to review it. He stated that he was interested in pursuing the work of the Task Force and Chairperson Vasiliou suggested that he coordinate with the staff. Fred Moore asked what materials the Task Force would want staff to prepare noting that time and resources are limited but that materials already -3- CSM AUG I T90 available at the City could be provided to members. Blair Tremere explained for example that the City has maps showing the Shoreland Management areas, Flood Plain areas, and DNR --Designated Wetlands. Dick Plufka stated that the Task Force needs to gain a sense of what is viable and possible from an engineering standpoint; he suggested therefore that available maps be provided so that Task Force members could get a sense of what was existing now versus what is planned for the City. Discussion ensued as to the next meeting time and date and Chairperson Vasiliou determined that most members would prefer a morning time. The tentative date was set for August 7, subject to the scheduling of guest speakers or presenters. Chairperson Vasiliou asked Blair Tremere to keep Task Force members informed. 7:30 A.M. was established as the starting time. The meeting adjourned at 8:30 P.M. (pl/bt/TF.wet:jw) it. - 4 - 0 CIM AUG 17 W BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of July 19, 1990 Call to Order: The Bassett Creek Water Management Commission was called to order by Vice Chairman Fred Moore at 11:35 A.M., Thursday, June 21, 1990, at the Minneapolis Golf Club. Roll Call: Crystal: Commissioner Bill Monk Golden Valley: Commissioner Ed Silberman Medicine Lake: Commissioner John O'Toole Minneapolis: Alternate Commissioner R. Kannankutty Minnetonka: Commissioner David Sonnenberg New Hope: Not represented Plymouth: Commissioner Fred Moore Robbinsdale: Not represented St. Louis Park: Commissioner Don Rye Engineer: Len Kremer Counsel: Curt Pearson Corps of Engineers repre- sentative: William Spychalla Recorder: Elaine Anderson Approval or Correction of Minutes: Mr. Silberman requested that in the financial statement section on page 1, the construction balance be listed as "$34,198.74 of which $5,000 is earmarked for Medicine Lake." With this correction, it was moved by Mr. Silberman and seconded by Mr. Rye that the minutes of the meeting of June 21 be approved. Carried unanimously. Financial Statements: , Mr. Silberman presented the financial statements for the period ending July 19 showing a checking account balance of $82.489.03, an investment balance of $278,222.52, and a construction account balance of $34,378.63 including the $5,000.00 which is earmarked for Medicine Lake. The treasurer's report was filed for audit. When presenting the budget report for informational purposes, Mr. Silberman explained that $452.50 for legal services of Mr. John Drawz would be transferred from legal costs to credit application work. Presentation of Invoices for Payment: It was moved by Mr. Silberman and seconded by Mr. Rye than an invoice from Mr. Enck for expenses in relation to his work as an arbitrator totaling $45.46 be approved for payment with appreciation. Carried unanimously. It was moved by Mr. Silberman and seconded by Mr. Rye that a $297.50 invoice from Messerli and Kremer, attorneys, for the services of Mr. John Drawz since May 31 be approved for payment. Carried unanimously. This also will be placed in the credit application work account. It was moved by Mr. Silberman and seconded by Mr. Sonnenberg that the Barr Engineering invoice for $13,334.22 covering the period June 2-30, 1990, for services and expenses be approved for payment. Carried unanimously. 01149 AUG 17 'W y %n 2 Communications Counsel: 1 . Mr. Pearson briefly reviewed the agreement inti settlement of dispute of the alternate dispute resolution. This is the first time that a panel of this type has been used in the United States under the Corps partnership program and under a Local Cooperation Agreement. The panel had consisted of Colonel Baldwin and Peter Erick with Brad Bjorklund on hand to be a neutral advisor when and if needed. At the end of the session, an agreement was executed settling the dispute and providing credits to Minneapolis as the local sponsor in the sum of $270,000. The settlement was 2-1/2 times the $116,000 offered by the Corps of Engineers. Mr. Pearson emphasized that this represents local dollars so it means that each doNar saved is a dollar less to assess the communities. He expressed great appreciation for the work and dedication of Mr. Erick. 2. Mr. Pearson reported that he had met with Mr. Kremer and Mr. Monk regarding the Highway 100 embankment. He expressed that something should be worked out that would be beneficial to Crystal, the Highway Department, the Corps of Engineers, and the Commission. One of the difficulties is that the Corps wants everything done by 1992 and the Highway Department isn't able to move that fast. 3. Mr. Pearson and Mr. Kremer have started work on the next phase of appraisals. The Soo Line easement area and the Theodore Wirth Golf Course easement area will be first. He said he didn't know what is happening regarding the Golden Valley Country Club structure location and easement acquisition. Golden Valley may not be ready to condemn golf course property and to make commitments in accordance with the Corps time schedule. 4. Mr. Pearson reported that, as a representative of the Commission, he had attended a meeting with Lt. General H. J. Hatch of the Corps of Engineers. It had given him an opportunity to speak with Dave Haumersen, Colonel Baldwin, and Bill Spychalla, plus other Corps personnel, concerning the successful resolution of our dispute with the Corps at the hearing on July 10. Lt. Gen. Hatch indicated that it is difficult for many of the bureaucrats to understand the partnership relationship which has been developed under the new programs between the local sponsor and the Corps and the new cost-sharing arrangement. Mr. Pearson also talked to him about the transition rules and that we feel we are being treated unfairly in being limited to acquisitions which took place 5 years back from 1986. General Hatch indicated that he understood that there is an element of unfairness. Without saying so directly, he indicated that our only alternative course of action is through our political representatives. Mr. Pearson said that Mr. Kremer has picked up the same message at national conferences he has attended. Mr. Pearson thinks we should analyze those areas and see if it is worthwhile to get our senators and representatives to help us find a solution through legislation. 5. Mr. Pearson mentioned that we have received an invoice for $4596.87 from Mr. Bjorklund for his services as a. neutral adviser. The Corps will pay the bill but we will reimburse them for half of it. This will not be done by direct billing. 6. Mr. Pearson distributed copies of a letter he had received from the Minnesota Pollution Control Agency indicating that they are submitting a request to the EPA for an extension to the Medicine Lake Restoration Project. The Clean Lakes Program award for Medicine Lake expired May 31. Mr. Pearson indicated that the PCA is uncomfortable with the EPA's position and may challenge Mr. Roberts if we can come up with a program that satisfies the PCA. 7. A copy of a letter from the Minnesota DNR to Mr. Erick had been included in the packet. Bassett Creek will be receiving a grant for $1,375,000 from the 1990 Legislature for help in reducing flood damages and to aid in paying the local cash requirement project. Mr. Pearson said the Commission will be sending a letter of thanks to the various Legislative representatives thanking them for their assistance but he suggested that it may be worthwhile to have the Commissioners write also. GIM AUG 17 `90 3 Commissioners Mr. Monk said he believed Chairman Enck had done a tremendous amount of work getting ready for the arbitration. Mr. Enck had met with him one evening, had read. through the appraisal reports, and had gone into the arbitration meeting extremely well prepared. Mr. Monk was anxious that everyone be aware of the way Mr. Enck had conducted himself and that it had really paid off. Corps of Engineers 1. It was explained that the Corps of Engineers will pay the actual condemnation award for properties being acquired as the project proceeds. 2. The issue of what happens if we overpay our 5% cash contribution' was brought up. Mr. Pearson said that Mr. Kremer should assemble all the figures to see how close we are to the 5% mark and an overall flow chart should be prepared of projects, costs, timing, etc., so the Commission can understand its responsibilities. Mr. Spychalla of the Corps of Engineers said any overpayment would be refunded and that they would try to make any current adjustments in time for the January billing. 3. Mr. Spychalla said that the Corps has sent a letter to Crystal re the Markwood embankment. New Business 1. Glenwood Inglewood Co. A request was received for review of a DNR permit application for relocating a water main across Bassett Creek at the Glenwood Inglewood facility located in Minneapolis. A 6 -inch pipeline presently conveys spring water from Glenwood Inglewood's well located on the west side of the creek across the Soo Line Railroad bridge to their production facility east of the creek. The railroad bridge will be replaced as part of the Bassett Creek Project at Fruen Mill. The proposed pipeline will be located 300 feet downstream of the existing pipeline and bridge. Installation consists of boring a 22 -inch protective steel casing and placing the 6 -inch pipeline 6 feet below the creek bottom. It was stated that Glenwood is asking for a reimbursement. There could be some agreement but we can't agree to an amount at this time. It was suggested that Minneapolis could use this situation as a means of renegotiating. Mr. Pearson said it would be an excellent idea to construct the structures so the Park Board is satisfied. It was suggested that staff meet with Glenwood Inglewood. They would have to give us an easement for the project. After further discussion and upon the engineer's recommendation, it was moved by Mr. Sonnenberg and seconded by Mr. Monk that a letter be written to the DNR indicating that the proposed crossing is in accordance with our plan but that a reimbursement will have to be worked out. Carried unanimously. Engineer: (Arrived late because of another meeting concerning Bassett Creek) 1. Mr. Kremer explained that he had just come from a meeting with Golden Valley property owners whose homes had been originally considered for flood proofing but which the Corps of Engineers decided was not incrementally justified so it was not done. The property owners had experienced flooding in a recent storm. The City of Golden Valley will be sending a letter as a result of the meeting requesting that this decision by the Corps be reconsidered. 2. Mr. Kremer referred to the letter from the DNR regarding the $1,375,000 grant. He explained that the first grant for $220,000 will be presented at the next meeting. A photographer will be on hand. There will be a press release, etc. Discussion followed. It was the consensus of the Commission that this would be a good time to invite representatives who had been helpful in securing this grant. First of all, just Ember Reichgott and Senator Freeman were mentioned. Then it was suggested that we use it as an opportunity to invite all the representatives who have helped in some way as we will be making another application next year. It was decided to leave arrangements to the staff. CIM AUG 17'90 3. Mr. Kremer had received a notification that the City of Minnetonka has revised their wetland ordinance and were conducting Public Meetings to explain the changes. 4. Mr. Kremer has been working with the City of Minneapolis regarding public meetings. One is scheduled tonight in the old Munsingwear Building to appraise citizens of the construction schedule for the new box culvert. 5. Mr. Kremer had a meeting with the City of Plymouth regarding the Medicine Lake outlet structure. 6. Mr. Kremer had a meeting with the Minneapolis Park Board re Fruen Mill and the proposed railroad bridge. 7. Mr. Kremer reported that he had had a letter from a property owner in the vicinity of the conduit entrance. He is a scrap metal processor. There is a lot of controversy between the processor and the City as the owner wants to expand his business and the City is not in favor of the expansion. The City has requested that the Commission deny the expansion request. Mr. Kremer had told the City he didn't think the Commission should get involved. Mr. Pearson said we should meet with the City of Minneapolis, that we should not act, rather refer to staff. Mr. Silberman said we should make them aware of our requirements. Mr. Moore said that property owners should be aware that any expansion would have to comply with Commission requirements and with the requirements of the City of Minneapolis. Mr. Pearson advised that we should just acknowledge receipt of the letter and say that it has been referred to staff. This was moved by Mr. Silberman and seconded by Mr. Rye. Carried unanimously. Mr. Pearson said this will give us time to work with the City of Minneapolis. 8. Mr. Pearson told Mr. Kremer that prior to Mr. Kremer's arrival the Commission had been discussing the need for a flow chart showing the 25% requirements and the 5% cash and our concern that we may be sending too much money to the Corps. Mr. Kremer said we would have to work closely with Mr. Spychalla and his staff as to things that may qualify. The Corps isn't set up for a meeting, with the Golden Valley Country Club but this should be lined up soon. Discussion followed regarding the golf course. Mr. Pearson brought up the desire by Golden Valley Golf Club not to take a big tree out. We are waiting to get an answer from the Corps of Engineers 11 about moving the location of the structure to the west end of the golf course before we set a meeting. Mr. Pearson said we heard that construction of the control at the Golf Club's preferred site could increase the project about $200,000 but it could cost more than that in real estate acquisition costs to locate it on the east side of the golf course. He stressed how important it is for the Corps and ourselves to be flexible and that it could save many disagreements if we could "talk out" these problems. New Business Glenwood Inglewood .Company. A request was received for review of a DNR permit application for relocating a water main across Bassett Creek at the Glenwood Inglewood facility. A 6 -inch pipeline presently conveys spring water from Glenwood Inglewood's well located on the west side of the creek across the Soo Line Railroad bridge to their production facility east of the creek. The railroad bridge will be replaced as part of the Bassett Creek Project at Fruen Mill. The proposed pipeline will be located 300 feet downstream of the existing pipeline and bridge. Installation consists of boring a 22 -inch protective steel casing and placing the 6 -inch pipeline 6 feet below the creek bottom. Glenwood Inglewood is asking for a reimbursement. Mr. Kremer indicated an agreement was possible but that we aren't ready to agree to an amount at this time. It was suggested that Minneapolis could use this situation as a means of renegotiation. Mr. Pearson said it would be an excellent idea to do the construction in a way that satisfies the people. It was suggested that staff meet with Glenwood Inglewood. They would have to give us an easement for the project. After further discussion and upon the engineer's recommendation, it was moved by Mr. Sonnenberg and seconded by Mr. Monk that a letter be written to the DNR indicating that the proposed crossing is in accordance with our plan but that a reimbursement would have to be worked out in the future. Carried unanimously. CIM A, G 17 '90 �-1 b 5 Old Business 1. Double Box Culvert. Johnson Brothers Construction has begun construction of the final segment of the new Bassett Creek conduit. The final segment is a double 11 x 11 foot twin box culvert over one mile long between the completed Third Avenue North tunnel near Third Avenue and Fourth Street and the vicinity of the existing conduit entrance near Dupont Avenue North. Mr. Kremer explained that they found a layer of sand contaminated by fuel oil immediately east of the freeway. The extent of the contamination is not known. A groundwater monitoring well needs to be installed. This would be a local responsibility and could cost $10,000. Mr. Kremer said it would be advisable to have the City of Minneapolis construct the well and charge it to the Bassett Creek construction account. Discussion followed. It will be necessary to get good samples. It was asked if the MPCA has a standing contract with "anyone. After further discussion it was moved by Mr. Sonnenberg and seconded by Mr. Rye that the Commission direct its staff to work with the Corps and the City of Minneapolis in this Stage IV project to encourage the Corps to modify its contract to construct the well and that costs be kept track of separately. Carried unanimously. 2. Water Quality Management Plan. The rest of the meeting was devoted to a discussion regarding Medicine Lake improvements and the "Policy: Runoff Water Quality Management in the Bassett Creek Watershed." If the modified plan prepared by Barr Engineering is adopted by the Commission, it would be forwarded to the PCA who would try to convince the EPA that it meets the requirements for the grant. Mr. Kremer suggested some changes. Mr. Kremer explained that the Commission would have to decide the exact size of plots, whether or not they would be half an acre. In Plymouth, especially, this could have far-reaching effects. In discussing the requirements listed on pages 5 and 6, Mr. Moore said they were good guidelines to be used in preparation of local plans. Mr. Pearson stated that we must proceed with caution as the ramifications of adopting this policy could be substantial, particularly in developed areas. It has been estimated by Barr Engineering that this could result in changes which would add $4500 per acre to development or redevelopment costs. Mr. Moore said this would change the basis of our watershed plan and that requirements for regional basins are being changed to requirements for localized basins. Mr. Pearson again said that the EPA has not installed or instituted this plan anywhere else in the country. The City of Eagan has adopted an ordinance along this line and one is being worked on in the Lake Minnetonka area. Mr. Silberman questioned whether we would have the ability to do variances. There would have to be rules for special cases. It was asked whether the Commission should establish a subcommittee. The response was that the Commission should be working with the Cities. Discussion continued regarding runoff water quality management. Mr. Moore cautioned that it is too big a step to take all at once and that we should consider working on revisions which might satisfy EPA and the PCA but it has to be a policy which all the member cities can live with. It was suggested that a subcommittee of the Commission prepare an acceptable water quality policy. 2. Mr. Monk and. ;Mr. Spychalla raised questions about the Commission adopting a resolution to cover the Markwood changes. The Commission directed Mr. Pearson to work with Mr. Spychalla and Mr. Monk in preparing a resolution for the next meeting. Adjournment Since there was no further business, it was moved by Mr. O'Toole and seconded by Mr. Sonnenberg that the meeting adjourn. Vice Chairman Moore adjourned the meeting at 2:30 P.M. Fred Moore, Vice Chairman Donald Rye, Secretary Elaine Anderson, Recorder Date: CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JULY 25, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. " MEMBERS PRESENT: Commissioners John Wire, Dennis Zylla (arrived at 7:30 p.m.), Joy Tierney, Larry Marofsky, and Acting Chairman Michael Stulberg. MEMBERS ABSENT: Commissioner Hal Pierce and Chairman Richard Plufka. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Sr. Clerk/Typist Denise Lanthier. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Tierney, to approve the Minutes for the July 11, 1990, Planning Commission Meeting, subject to the following change: On Page 111, paragraph 7, the first sentence should be changed to state, Commissioner Tierney stated she initially did not like the concept of a fast food restaurant at this location." Vote. 3 Ayes. Commissioner Wire abstained. MOTION VOTE - MOTION CARRIED carried. MOTION by Chairman Stulberg, seconded by Commissioner MOTION TO AMEND Marofsky, to amend the Minutes for the June 19, 1990, Planning Commission Meeting' to include reference to a letter from Jerry Theis of Dundee Nursery in the Public Hearing Minutes and made a formal part of the Minutes. Vote. All Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Stulberg introduced the request by Vern Reynolds VERN REYNOLDS Construction for a Preliminary Plat and rezoning from FRD CONSTRUCTION (90050) to R-2 for "Bass Lake Terrace" located at the northeast quadrant of the Soo Line Tracks and Northwest Boulevard. CIM AUG :;U Planning Commission Minutes July 25, 1990 Page 121 Commissioner Marofsky excused himself from the table. Coordinator Dillerud gave an overview of the July 19, 1990, staff report. City Engineer Faulkner noted that the word "paved" should be inserted after the word "temporary" in Condition 10 of the approving resolution. Commissioner Tierney asked staff what the length' is of the cul-de-sac on 54th Avenue North. Coordinator Dillerud responded that it is approximately 500 feet. Chairman Stulberg introduced Mike Gair, representing the petitioner. Mr. Gair stated that they would like to begin phasing with the north end of the property immediately. He stated that the entire site will be graded at once, but that they will plat only the north end because the utilities are readily available on that portion of the site. Mr. Gair added that the remaining property would be one large outlot instead of many small outlots. Mr. Gair also stated that they will provide a temporary drive access through the site from West Medicine Lake Drive. Chairman Stulberg opened the Public Hearing. There was no one present to speak on the issue. Chairman Stulberg closed the Public Hearing. MOTION by Commissioner Tierney, seconded by Commissioner Wire, to recommend approval of the request by Vern Reynolds Construction for a Preliminary Plan and rezoning for "Bass Lake Terrace" located at the northwest quadrant of the Soo Line Tracks and Northwest Boulevard, subject to the conditions set forth by staff in their July 19, 1990, staff report, but amending Condition 10 by adding the word "paved" after the word "temporary" in the approving resolution. Roll Call Vote. 3 Ayes. MOTION carried. Chairman Stulberg requested the minutes reflect .a request by the Planning Commission to the City Council to expedite Metropolitan Council's decision on the Land Use Guide Plan. Commissioner Marofsky took his position at the table. Chairman Stulberg introduced the request by Ryan Construction Company for an amended Mixed Planned Unit z\C."', MOTION TO APPROVE VOTE - MOTION CARRIED RYAN CONSTRUCTION COMPANY (90052) ram- � . Planning Commission Minutes July 25, 1990 Page 122 Development Preliminary Plan/Plat/Conditional Use Permit and Final Site Plan/Plat for "Waterford Park Plaza 2nd Addition" located at the northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane. (The former "DeVac" site). Coordinator Dillerud gave an overview of the July 20, 1990, staff report. Commissioner Zylla arrived at 7:30 p.m. Chairman Stulberg introduced Pat Ryan, representing the petitioner. Mr. Ryan stated that the lot for the "Arby's" site is of a sufficient size for the use. He stated he feels their request conforms with the Zoning Ordinance. Mr. Ryan added that he does not feel Arby's should have to purchase additional land for setback requirements. Mr. Ryan stated they will agree to have a minimum 4 foot setback on the other side which will result in 8 feet of greenery. Commissioner Marofsky asked Mr. Ryan if the parking lot adjacent in Lot 2 will be constructed at this time. Mr. Ryan responded negatively. Commissioner Marofsky asked Mr. Ryan if there is a possibility that a use for Lot 2 might develop where the office building might be located in such a way as it would prevent combined parking lots with Lot 1. Mr. Ryan responded negatively and stated that they have private covenants in their Rainbow lease as to the location of the office building. Commissioner Marofsky asked Mr. Ryan if they would be agreeable to setting up a covenant that would state when the office building is built on Lot 2, 15 feet can be used of Lot 1 in the form of reversion back. Mr. Ryan stated he would be agreeable to that. Commissioner Zylla asked staff if they are interpreting a 20 -foot setback because the parking lot on Lot 2 does not yet physically exist. Coordinator Dillerud responded affirmatively. Commissioner Marofsky asked if the landscaping on the berm exiting from Rainbow Foods obstructs view for traffic from the west and if the building obstructs view for traffic from the east. ,, - `C...0 MALE I? z�.: Planning Commission Minutes July 25, 1990 Page 123 Greg Kopischke, representing the petitioner, responded that the site triangle ratios meet all City requirements and added that the berm will be adjusted when the road alignment is completed. Chairman Stulberg opened the Public Hearing. There was no one present to speak on the issue. Chairman Stulberg closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Tierney, to recommend approval of the request by Ryan Construction Company for an amended Mixed Planned Unit Development Preliminary Plan/Plat/Conditional Use Permit for "Waterford Park Plaza" located at the northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane, subject to the conditions set forth by staff in the July 20, 1990, staff report. Roll Call Vote. 5 Ayes. MOTION carried. Commissioner Marofsky stated that his vote in favor of this motion does not conflict with his previous vote on the Land Use Guide Plan amendment. MOTION by Commissioner Zylla, seconded by Commissioner Wire, to recommend approval of the request by Ryan Construction Company for a Mixed Planned Unit Development Final Site Plan for "Waterford Park Plaza 2nd Addition" located at the northeast quadrant of 6th Avenue North (Highway 55 North Service Drive) and Revere Lane, subject to the conditions set forth by staff in their July 20, 1990, staff report. Roll Call Vote. 5 Ayes. MOTION carried. Chairman Stulberg introduced the request by Joseph Strait for a Conditional Use Permit for a Home Occupation to operate a saw mill located at 16845 12th Avenue North. Coordinator Dillerud gave an overview of the July 18, 1990, staff report. Chairman Stulberg introduced Joseph Strait, the petitioner. Mr. Strait stated he was confused as to why he must apply for a Conditional Use Permit to continue his hobby of saw milling on his property. He stated he did not provide a list of property owners to City staff because he felt the $90 fee he submitted to make application would cover the costs of everything. He was under the impression City staff was to take care of everything. Commissioner Tierney asked Mr. Strait if he is employed. Mr. Strait responded he is retired. y r MOTION TO APPROVE VOTE - MOTION CARRIED MOTION TO APPROVE VOTE - MOTION CARRIED JOSEPH STRAIT (90053) CIM AUG 7* Planning Commission Minutes July 25, 1990 Page 124 Commissioner Tierney asked Mr. Strait if he makes any money from his saw mill operation. �r Mr. Strait responded that he did not.make much money from his saw mill operation. He stated that it is more of a hobby than an occupation. He added that most of his work has been for his daughter. Chairman Stulberg opened the Public Hearing. Chairman Stulberg noted the Planning Commission's receipt of a petition from the neighbors of Mr. Strait opposing the proposed Conditional Use Permit for a Home Occupation to operate a saw mill. Chairman Stulberg introduced Sandra Vrooman of 16705 12th Avenue North. Ms. Vrooman stated that her property is located east of Mr. Strait's property, and stated that she is not opposed of his saw mill operation. She stated that a majority of her neighbors are conducting a business in their home of some sort, whether for profit or for hobby, and she cannot understand why they are all opposing of Mr. Strait's operations. Ms. Vrooman asked if denial of a Conditional Use Permit for a Home Occupation would prevent Mr. Strait from cutting wood for his own use, i.e., for heating his home. Ms. Vrooman also stated she would be willing to help Mr. Strait obtain a property owner's list from Hennepin County if he wishes to pursue this. Chairman Stulberg responded that Mr. Strait will be able to saw for his own personal use as long as it does not cause a nuisance. Commissioner Tierney asked Ms. Vrooman if she has ever heard the saw. Ms. Vrooman stated that she has heard much machinery noises from her other neighbors, but has not heard Mr. Strait's saw. Chairman Stulberg continued the Public Hearing until another date when all property owners have been notified. Mr. Strait stated that his biggest job was a while back for Plymouth Village, cutting diseased Elms for retaining walls. He was paid for that work. Commissioner Tierney asked Mr. Strait if he owns a chain saw. Mr. Strait responded affirmatively. CIM AUG 17 ' 90 Planning Commission Minutes July 25, 1990 Page 125 Commissioner Tierney asked staff why a Conditional Use Permit is necessary for Mr. Strait. Coordinator Dillerud responded that Mr. Strait has admitted to being paid from his operations. If he is being paid, he must have a Conditional Use Permit per the Zoning Ordinance. Commissioner Marofsky asked staff if Mr. Strait operates his saw for his own personal use and as a hobby, would there be a need for a Conditional Use Permit. Coordinator Dil.lerud responded negatively. Commissioner Stulberg advised Mr. Strait that if he wants to continue with his application for a Conditional Use Permit, he must, by law, provide the City with a list of property owners within 500 feet of his property. OM\C Commissioner Stulberg introduced the request by Lowry Hill LOWRY HILL DEVELOPMENT Development Company for an amendment to the Sanitary Sewer COMPANY (90056) Element of the Comprehensive Plan to permit relocation of a parcel of property from one Sewer District to another located at the northeast corner of Holly. Lane and County Road 9. Coordinator Dillerud gave an overview of the July 18, 1990, staff report. Chairman Stulberg asked staff if the Metropolitan Waste Control Commission would approve this amendment if the City approves it. City Engineer Faulkner responded affirmatively. Commissioner Marofsky asked staff if this proposal is . different from the Northfork hookup. City Engineer Faulkner responded affirmatively. Commissioner Zylla asked staff when sewer would be available to this site if their proposal is denied. Coordinator Dillerud responded it was not in the 1990-1994 Capital Improvements Program. Commissioner Zylla asked staff who pays for the connection to the sewer to the east in the future if this is approved. Coordinator Dillerud responded the petitioner is responsible for the cost. AM 17'0 Planning Commission Minutes 1 July 25, 1990 Page 126 Commissioner Marofsky asked staff whether any other development boundaries in this sewer district had been changed. 0 Coordinator Dillerud responded that there have been no changes in sewer district boundaries in this area. Commissioner Wire asked staff if the Lowry Hill site could get sewer from the Medina Interceptor. City Engineer Faulkner responded that the Metropolitan Waste Control Commission monitors and approves sewer hookup to that pipe. Commissioner Zylla asked staff if it is likely that there will be more amendments in the future to move between Sewer Districts. City Engineer Faulkner responded that he does not foresee much development to cause more amendments. Coordinator Dillerud stated he feels approval of this proposal would set precedent for land NW -19 Sewer District that is adjacent to County Road 9. Chairman Stulberg introduced Rick Sathre, representing the petitioner. Mr. Sathre stated that there are 7 families who are co- owners of this land and would like to develop the property. He stated it was logical to switch Sewer Districts, and there would be no cost to the City to switch to easterly trunk line in the future. Mr. Sathre added that the flow out of this site would be a small part of the Metropolitan Waste Control Commission's sewer capacity in the Medina Interceptor. Chairman Stulberg introduced Bernard Barr, one of the petitioners. Mr. Barr stated he is having business relation problems with City staff. He expressed his frustration of fighting with the City for so many years to get sewer and water hookup. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced Karla Blevins of 16440 Old Rockford Road. Ms. Blevins asked where the sewer would hookup and how it will effect her property. CIM AUG 1 z -aJ Planning Commission Minutes July 25, 1990 Page 127 Coordinator Dillerud showed her on the map the point of hookup. Ms. Blevins asked if she would be assessed for the hookup. Mr. Sathre responded that the sewer would be built by private money, and she would not be assessed. Ms. Blevins stated the City should bear in mind the tax burdens to property owners who do not benefit from the service. Chairman Stulberg introduced Dorothy Krekelberg-of 6150 Hemlock Lane North. Ms. Krekelberg asked if the Arne and Northfork properties had to amend the Comprehensive Plan in order to obtain sewer to their site also. Coordinator Dillerud responded negatively and stated that it was because they were connected with the City trunk sewer system rather than a Metropolitan Waste Control Commission pipe. Mr. Sathre added that the Arne and Northfork properties did need to amend the Staged Growth Element of the Comprehensive Plan. Chairman Stulberg introduced Gary Scherber of Box 181, Rogers. Mr. Scherber expressed his concern that if this is approved, all the other land owners to the west will petition for the same thing, which will result in the opening of the land to the west. Chairman Stulberg closed the Public Hearing. Commissioner Wire asked staff if this proposal would over tax the capacity to the City's pipes. Coordinator Dillerud stated it is more of a timing issue. Commissioner Marofsky asked staff whether the future proposed trunk sewer east of this parcel will serve the Hollydale property also. Coordinator Dillerud responded that it will serve up to the MUSA line, and that Lowry Hill will not be the only property to be serviced. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Wire, to recommend approval of the request by Lowry Hill Development Company for an amendment to the Sanitary Sewer Coro AUG 17 `9:0 =+ `C... Planning Commission Minutes July 25, 1990 Page 128 Element of the Comprehensive Plan to permit relocation of Parcel 17-12-0001 from Sewer District NW -17 to Sewer District NW -18 located at the northeast corner of Holly Lane and County Road 9, subject to the conditions set forth by staff in their July 18, 1990, staff report, but .deleting Condition 3 of the approving resolution. Mr. Sathre noted that the name "Lowry Hill Construction Company" should be changed to "Lowry Hill Development Company" in the approving resolution. ' Commissioner Zylla stated that he feels this is more of an issue of staging, and that the City will see reasonable plans for development. Commissioner Wire stated he feels the pipe capacity is sufficient to service this site. Commissioner Marofsky stated that he is in favor of this proposal, and that it is not the job of the Planning Commission to monitor competition. He stated that this land is part of the 1,800 acres the City opened up with the expansion of the MUSA line, and therefore the owners should be able to develop their land. Roll Call Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Stulberg stated the Public Hearings for ZONING ORDINANCE amendments to the Zoning Ordinance is continued until AMENDMENTS August 8, 1990. Chairman Stulberg adjourned the meeting at 9:30 p.m. CIM AUG 17 `29 JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 August 14, 1990 The Honorable Kim M. Bergman City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Re: Response to Council Inquiries Dear Mayor Bergman and Council Members: I have received two inquiries from City Council members. The following is my response to the inquiries. STATUS OF SCHMIDT LAKE ROAD CLAIMS Council Member Zitur requested an update on the status of the Schmidt Lake Road settlements. There are a total of seven properties where work was done in the drainage easement. We have resolved the matter with five of the property owner.s (Eckstrum, Ferrara, Mattson, Runnakko, and Stenoin). I received a call from Mr. Geyerman a few weeks ago in which he discussed his situation with me. I told him during the discussion that the City had evaluated each claim on an individual basis and that he should provide me with information concerning the amount of his claim and the basis for it. He told me that he did .not have a specific dollar amount in mind regarding settlement. He wanted to know whether I could suggest an appropriate settlement amount. I told him -that I was reluctant to do that until I received some supporting information pertaining to his claim. He said that he understood my position and that he would get back to me. I have had no conversations nor, to my knowledge, has the City received a claim from the remaining property owner (Campbell). CIM AUG 17 `99 The Honorable Rim M. Bergman City Council Members August 14, 1990 w Page 2 " APPLICABILITY OF OPEN MEETING LAW TO SPECIAL ASSESSMENT COMMITTEE Council Member Vasiliou inquired about whether there is a potential violation of the Open Meeting Law if a third member of the City Council participates in a meeting of the Special Assessment Committee. The Open Meeting Law applies to all meetings of the City Council and "any committee, subcommittee, board, department or commission thereof." The issue of what constitutes a "committee" of a city council is unclear. The legislative history to the 1973 amendment to the Open Meeting Law which added the "committee" language indicates that the intent of the law was to prevent a governing body from adjourning into a committee of the whole and thereby avoiding the requirements of the Open Meeting Law. In The Minnesota Daily v. University of Minnesota, 432 N.W.2d 189 (Minn. App. 1988) the Court of Appeals held that the Open Meeting Law did not apply to a committee that provided advice and consultation to the University Board of Regents concerning the appointment of a University President. The committee was not composed of any members of the Board of Regents and the committee only had the power to recommend, not to decide. The difference between the type of committee in the University of Minnesota case and the Special Assessment Committee is that members of the City Council serve on the committee. Because the law is somewhat uncertain in this area, I have advised the City Manager that the better practice would be to assume that all committees or task forces established by the City Council to which Council members are appointed are governed by the Open Meeting Law. The meetings should therefore be open to the public and proper notice of the place and time of the meeting should be given. ' The City Clerk informs me that she has been posting notices of these meetings and it is my understanding that meetings of the committees and task forces have been open to the public. Therefore there would be little change to the existing procedure. The chairperson of the committee/task force should, however, be sure to keep the City Clerk informed of upcoming meetings so she can timely post the appropriate notice. The Honorable Kim M. Bergman City Council Members August 14, 1990 Page 3 I would be happy to answer any questions on these issues. Sincerely, L� me J. Thomson JJT/amm PL100-32A cc: James Willis Fred Moore Blair Tremere Laurie Rauenhorst :J::-� =L -W CIM AUG 17 -Jj August 10, 1990 Mr. Len Busch Len Busch Roses 4045 Highway 101 Plymouth, MN 55446 Dear Mr. Busch: jar CITY C PUMOUTR I am writing to remind you that the City Council on June 18, 1990, under Resolution 90-355, called for a plan and detailed schedule for abatement of the light emitted from existing buildings by September 1, 1993 so that no glare is produced. Also, the Council action called for a Landscape Plan by the same date showing effective buffering by means of berming and/or landscaping and/or fencing along the entire length of the property adjacent to Medina Road. Details of that requirement are in Condition No. 10 of that resolution. I understand from our conversation last week that you have operated lights in certain greenhouses recently even though you indicated to the Council that you used the lights from September 15 to April 15 to provide additional growing light and heat. I have received calls from a Councilmember who has asked why the lights are operated now since it was the Council's perception that no lights would be used prior to September 15. I would appreciate your comments in that regard so that the information can be shared with the Council in conjunction with the plan. The first Council meeting in September is scheduled for September 10 and we should have your plan no later than September 4 so that we can review it with you and prepare a report for the City Council. I would appreciate getting it even earlier if that is possible since it will be a short week prior to the City Council meeting. The Landscape Plan would not be reviewed by the City Council at that time since it was directed that the Planning Commission should review it first. That plan will'be directed.to Community Development Coordinator Chuck Dillerud who will process it in the normal manner. Please contact me if you have any questions regarding this; I would appreciate knowing your position regarding the use of lights prior to September 15 and invite you to call me upon receipt of this letter. Sincerely, Blair Tremere Community Development Director 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Z•3 CIM AUG 17 ',20 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 17, 1990 TO: Councilmember Vasiliou FROM: James G. Willis, City Manager SUBJECT: POINTS RAISED IN YOUR AUGUST 13 MEMO Maria, there are a number of topics raised and I will try to answer them in the order which you addressed them. 1. Gleason Lake Elementary School - The two dates• used by Joe Ryan were the result of different reports he received from school district and/or contractors indicating when the last four foot panel would be installed. Joe visited the site on August 16 and the panel had not yet been delivered. Mr. Stan Tikkanen is on vacation and Joe was not able to speak directly to him. He was informed that the panel was expected in "about a week." With regard to Joe's letter of August 6, we were aware that the second page had the erroneous date of August 13. That was a clerical error. 2. Hawthorne Pond/Eiden Construction - I had received only one complaint from this area, that from Mrs. Crouder. The complaint she raised initially several weeks ago involved several items, however the one involving noise centered around heavy equipment being moved onto the site. I had subsequently spoken with her, after she had returned from her vacation, and was informed that on occasion the developer was still having earth work commencing before 7 a.m. Both Joe Ryan and I contacted Mr. Eiden and told him that he would have to "clean up his act" with respect to having his subcontractors obey the City's noise ordinance. He was apologetic and indicated that he would do so. Joe was following this up in writing, although I haven't yet received a copy of that correspondence. 3. Plymouth Community Library - We do not have a meeting set up with County Commissioners on the library. I am attaching a copy of page 2 from my August 2 memo reporting on the meeting Councilmember Helliwell and I had with Commissioner Sivanich. On the Council Agenda for the 20th is an action item which results from a discussion I had with Commissioner Jude. I believe Commissioner Jude will be in attendance at the Council meeting Monday evening. CIM AUG 17'90 POINTS RAISED IN YOUR AUGUST 13 MEMO August 17, 1990 Page 2 4. West Medicine Lake Trail - Mr's Howard Hanson - Mr. Hanson, as well as the other neighbors in the project area have been invited to at least one, if not more, public meetings to discuss design and development of the trail. N` _Mr. Hanson indicated to me that he was not able to attend the meetings. It was during these meetings that the trail design evolved, including efforts to try to save -as much of the natural vegetation as possible. In Mr. Hanson's case, the engineers had sought to save three trees in front of his property. When the actual staking for the project was being done it became apparent that the trees would likely not be saved. When Mr. Hanson observed that the trees were being tagged for removal, he began calling the City Councilmembers and others to find out why. In this case, it is clear to me that we could (and should) have done a better job by contacting him directly at the time the determination was made that the trees might not be saved. Yes, we could -have been better on this one! 5. Cars Being "Test Driven" - The matter of cars being "test driven" around the neighborhood in which Marilyn Gordon resides, has been brought to our attention before. As noted in the recent information memo, I don't know how we can deal with the speeding, short of having a police officer stationed there with radar. If the residents are able to give us license numbers, we could then at least contact the registered owner of the vehicle and report the matter, much as Dick has done with some of the problems around the Dave Johnson corner. I share your concern with regard to liability, and obviously don't want to have anyone injured or their property damaged as a result of careless driving and/or speed. I am asking Dick to try and schedule some radar on a Saturday or two to see if we can address the speeding concerns. 6. Plymouth Civic League - Music in Plymouth - The City's contribution to the Plymouth Civic League was previously made them. Since* the event was cancelled, the expenditures were minimal. I don't have a full accounting of those, but as soon as it's available to me I will see that it's forwarded to you and the other Councilmembers. I spoke to Eric regarding the comment that you had picked up concerning a "fall festival." Eric Blank's memo of August 14 indicates that the Civic League has not made any plans for a fall festival. The next event programmed is the winter "Fire and Ice" festival. Finally, Eric has provided us with a breakdown of his time spent in Music in Plymouth, however, we will gather more information from other departments and provide it to you and the Council during the budget study sessions. JW:kec F!(- - 1 0. CITY OF PLYMOUTFh August 13, 1990 Memo to: Jim Willis I From: Maria Vasiliou 01b I have reviewed your suggested meeting dates and I am clear for all meetings except October 8th. (I also noted that on Dec 17th you show the council meeting starting at 7:30/ I presume that is a typo.) I LZ 0 �_ Ili\ Jut�'i Thanks for the follow-up on the rooftop screening. In the memo dated 7/31/90 to you from Joe Ryan the need extention is stated as being no later than August 21, 1990. In the letter dated Aug 6 to Stan Tikkanen, Joe says the project must be completed by 8/15/90. You may w nt to det rmine which i rre t nd confirm a cord ngl , You may also note Hat page two o� ��iis �fet�er is dated 1�. �oday. I received a call Friday evening from the Hawthorne Ponds area. Tony Eiden Construction is starting work as early as 5:00 a.m. and as late as 10:00 pm. Isn't that a violation of the noise ordinance? It was also reported that heavy equipment was brought into the site at 3:30 a.m. to be used starting at 5:00 a.m, the same day. Jim, you mentioned you had received other complaints. What did we do to follow-up with Eiden? Is there anything is writing? The party who called me has an infant and small children. She doesn't mind adjusting nap time, but to have the children up in the middle of the night and at 5 am seems to be asking alot. •I agree. When is the next meeting with Hennepin County Commissioner(s) regarding the library? I missed the last one, but upon reviewing your weekly memos I can't find where you noted it. Regarding the Howard Hanson letter you wrote: Did you also suggest to Eric and Fred that it would have been appropriate to be courteous and to call Mr. Hanson before the fact? Your letter sounded like everything was before the fact, but as phone calls indicate.... that's not the way it was! CIM AUG 17 ':,J 3-�00 PLYMOUTH BOULEVARD. PLYt�1OU T H. MINNESOTA 55447. TELEPHONE (612) 559-2800 M Lastly, with regard to the test drives from the new car dealers. I called you last spring with a complaint from Marilyn Gordon. At that time you said you had not known this to be a problem. (You may recall that Mrs. Gordon indicated she has dealt with it "for years.") Now, I see that it has come up again. It seems we (the city) are being notified of a safety problem...Certainly driving those speeds in a neighborhood area pose a threat . I had always been told by you/staff that once the city is informed, we have to take appropriate action. To say that the city does not have enough resources to monitor that street seems to be contrary -to all of this risk management stuff I keep hearing we're so good at! I'm particularly concerned about liability 1 f there's an accident after to citizen complaints. Actually, there is one more thing! I asked you about the donation the city gives to the Plymouth Civic League. My question is: Since the event was rained out, what happens to our contribution? I hear they are talking about a "Fall Festival" rather than saving the money (and fireworks) for Fire & Ice next February. Who is paying for the proposed Fall Festival? Please provide (during budget study sessions is fine) the city's true cost for Music in Plymouth. (In addition to our financial contribution we have several management types working the whole day of the event, we must have grounds maintenance costs, we advertised the event on our water bills the month of the event.) I keep hearing that money is tight these days. I'm just having a problem sorting out which items we have money for and which we don't. am cc: Mayor/Manager Otv2ed,, am AUG 17'90 1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55441 DATE: July 31, 1990 TO: City Manager James G. Willis, City Manager FROM: Building Official Joeyan Through Community Development Director Blair Tremere SUBJECT: GLEASON LAKE ELEMENTARY SCHOOL - ROOF TOP SCREENING Pursuant to your request, I inspected the installation of the roof top screening today in the presence of Bob Hansen from M.A. Mortenson Company. All of the roof top screening panels have been installed except for one -four foot panel along the southeast portion of the roof. Mr. Hansen indicated that the four foot section of panel was inadvertently over looked when the original order had been placed for shipment. Mr. Hansen stated that the panel has since been ordered and will be delivered and installed no later than August 21, 1990. There were some construction workers on the roof at the time of my inspection who were installing metal flashing over the tops of the roof top screening panels. Mr. Hansen stated that the flashing would be completed by today, and that the only remaining work would be maintenance related such as the removal of the temporary platforms which were used by the construction workers and the spreading of gravel along the base of the roof top panels. Please contact me should you have any further questions. cc: File (bu/jr/gleason:tw) CSM AUG 10 '90 SIM AUG i v August 6, 1990 Mr. Stan Tikkanen Wayzata School District #284 Administrative Offices 210 County Road 101 P.O. Box 660 _ Wayzata, MN 55391-9990 SUBJECT: Gleason Lake Elementary School - Rooftop Screening Dear Mr. Tikkanen: This letter is in regard to the site inspection I performed at the school facility on July 31, 1990, to determine the status of the rooftop screening installation. As you know, a temporary Certificate of Occupancy was initially issued by our office October 16, 1989, subject to completing the installation of screening around the rooftop units by February 15, 1990. Subsequently, a letter from you dated December 27, 1989, requested the city further extend the temporary Certificate of Occupancy due to weather consideration. You request was granted, and the temporary Certificate of Occupancy was extended until May 16, 1990. On April 24, 1990, you once again requested an extension of the temporary certificate until July 31, 1990, due to design constraints. Your request again was granted for the time frame requested, with the understanding that no further requests for extension would be considered by our office. I was disappointed to witness the construction not completed. Construction workers were still installing flashing on the panels; one 4 foot section of panel was not in place, apparently due to an oversight in the initial ordering; discarded construction materials were scattered along the rooftop, and the aggregate base was yet to be spread around the panel supports. ClM AUG 17'90 CIF9 AUG 10 '90 3400 PLYMOUTH BOULEVARD, PLYMOUTH: MINNESOTA 55447, TELEPHONE (612) 550-5000 MWA Y Page 2 Mr. Stan Tikkanen August 13, 1990 It was my understanding from Mr. Bob Hanson of M.A. Mortenson Company, that the 4 foot panel was on order, and that it would be delivered and installed no later than August 15, 1990. Please'be advised that no final inspection approval will be considered by our office until such time the final installation has occurred and the work has been fully completed. I am not in a position to continue the temporary occupancy certification. You hopefully will have the work done and the final inspection will be= -made before the school is occupied this fall. Sincerely, Joe Ry Building Official cc: file Jim Willis, City Manager b>bu/jr/tikkanen:cs Com AUG 17 'yu Circ AUG 10'90 CITY COUNCIL INFORMATIONAL MEMORANDUM �~ AUGUST 2, 1990 PAGE 2 FOR YOUR INFORMATION..... 1. HENNEPIN COUNTY LIBRARY FOR PLYMOUTH -- Tuesday morning, Councilmember Helliwell and I visited with County Commissioner Sam Sivanich with respect to the City's interest in a community library. Commissioner Sivanich indicated his support for libraries, including one in Plymouth. He noted that the County Board would be considering the library issue later this fall as it considered its capital budgeting. He noted that the question of ability to finance not only the capital, but the operating costs was a concern of all Commissioners. He suggested that the City Council might send the Board a resolution indicating its preference of a site for a proposed library. A letter to Sam Sivanich on our -July 31 meeting is attached. (I-1) 2. CI'TIZEN'S LEAGUE ANNUAL PROPERTY TAX SURVEY Enclosed is an extract from the current Minnesota Jo nal publiss ed by the Citizen's League. The Ci zen's League annuall"repares a report on the propert tax burden of homes ina Twin City Metropolitan area, as well as a few select ommunities outstate.While he local media tend to focu on the "typical" $80,000 ome and the resulting taxe the fact remains tha the "typical" home in most communities is, in fact, the "average" price home. By using th texample, you w 11 note that the "average" home in P outh has a s les price of just over $125,000 and a tax bu den of $1,7 1. The report also notes that tax capacit rates b municipalities, school, county, as well as misce laneo districts. These data may be of interest to you 'f u wish to compare Plymouth tax capacity rates against ose of other similarly situated municipalities. O he balance, I believe you will find that we were ran ed ite well. (I-2) 3. FIRE STATION NO 1 -- on a July. 31 construc from'contractor, office. Fred's memo and items for follo is projected to be i 4. At ached i aim from Fred Moore ti n meeting ith representatives contractors, and architect's eviews the con ruction schedule up by the archite t. The building nished by November 1. (I-3) - DRAINAGE CONCERNS -\- Fred Moore gives a status port on resolving the dra age concerns in the Kings N th Addition in the attached emo. (I-4) 5. CITY STREET CYINSTRUCTION UPDATE -- The Street Reconstructi n and County Road 6 Updates were m.iled to residents on July 31. The Updates are attached. (I-5) I Cllr AUG 1 / z5W July 31, 1990 CITY OF _ PUMOUTR Commissioner Sam Sivanich Hennepin County Government Center 2400 Administrative Tower Minneapolis, MN 55487 Dear Sam: Councilmember Helliwell and I appreciated the opportunity of visiting with you briefly Tuesday morning regarding a community library for Plymouth. We are pleased with your expression of interest and support for this library. The City Council strongly supports the construction of a library in Plymouth and is eager to work with the County and the Library Board to facilitate the construction of a facility as soon as possible. Please feel free to call upon us if we may be of further assistance to you or your colleagues as you deliberate and consider the matter of a library for Plymouth. Best regards, J s G. Willis Cit Manager JW:kec- CRA AUC 17 GIM 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 i d MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1990 , TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: COUNCILMEMBER VASILIOU'S INQUIRY ABOUT THE CIVIC LEAGUE 1. The Civic League has not discussed, nor have they made any plans at this time to participate in any new festival of any kind during the fall or any other time throughout the year. They have made arrangements for the fireworks which were not shot off at Music in Plymouth to be used at the Fire and Ice Festival next February. Except for out of pocket expenses for such things as the tent, food, satellites, etc., all of the money raised for 1990 remains in the Civic League's account for expenditure next year. 2. I believe a fair breakdown of my time for the year would be: - 11 lunch meetings at Scanticon on the second Tuesday of each month from approximately 12 to 1:15 p.m. - 5 work hours between 8 and 4:30 the day of the event. - 10 miscellaneous hours on such things as phone calls, errands, etc., throughout the rest of the year. 3. I have asked Mark Peterson to give me an idea of the number of manhours maintenance spends on the Music in Plymouth event. I will forward that to you as soon as it is available. If you need any other information, please let me know. EB/np �'�Rf► Q��� 17 'bu T. S MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 13, 1990 TO: FF d G. Moore, Director of Public Works FROM: Daniel L. Faulkner City Engineer ineer SUBJECT: PINEVIEW LANE RAILROAD CROSSING - SOUTH OF 53RD AVENUE CITY PROJECT NO. 935 I talked with Tim Spencer of the MnDOT Railroad Division today concerning the status of the City's request to have gates and signals installed at the Pineview crossing of the Soo Line Railroad. This crossing improvement is to be funded 80% by the Federal Railroad Crossing Safety Program and 10% from both the Soo Line Railroad and City. On April 24, 1989, you wrote a letter to Timothy J. Spencer committing the City's 10% share and requesting that this project be processed. The processing of this type of improvement begins with the railroad preparing a cost estimate which then becomes part of an agreement signed by the State, railroad and City. On May 11, 1989, MnDOT Railroad Division sent a letter to the Soo Line Railroad requesting that the estimate be prepared for this crossing improvement. In my conversation with the Tim Spencer today, he informed me that he has recently received the estimate from the railroad and will be forwarding this as part of the agreement to the City within the next week. Once the agreement is processed by the City, it must then go to the State and Railroad for their signatures, finally, railroad personnel will install the improvement. As Mr. Spencer indicated, it is unlikely that this will all be done yet this year. I have previously been in contact with a Mr. Leif Thorson, Public Contact Engineer with the Soo Line Railroad, Phone No. 347-8274, who indicated there should be no problem with moving ahead with this improvement. In addition, he suggested we consider upgrading the actual crossing itself. I subsequently talked to Tim Spencer about the possibility of including an improvement to the surface crossing. To qualify for the Federal Program of Surface Improvement, the warrants to be met include 2,500 vehicles per day and to a minimum of two trains per day at the crossing. While there are an average of eight trains per day at this crossing, the ADT in 1989 was 1,100. Therefore, warrants for this particular program apparently do not meet the required warrants. As soon as I receive the agreement from MnDOT, I will schedule for the soonest possible Council meeting to process the required agreement. DLF:kh cc: James G. Willis J�►? AUG 3 k MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 22, 1990 TO: James G. Willis, City Manager FROM: Lyle C. Robinson, Fire Chief SUBJECT: NEEDS ASSESSMENT FIRE STATION II 0=4.1- to I have worked with the officers and firefighters of Fire Station II in developing their ideas of the remodeling and repairs that would be necessary to bring Station II up to the level of Station I and III per Council direction. The following is the result of those discussions. These needs are not intended to be location and space specific, but rather an identification of the overall needs for the remodeling of Fire Station II. 1. Self contained breathing equipment maintenance and storage, 125 square feet. 2. Office space for the Lieutenants, 175 square feet. 3. Communications room - remodel. 4. Hose, brass goods and equipment maintenance - relocate and remodel on the east wall of the apparatus bay. 5. Kitchen - remodel. 6. Physical fitness - locate in lower level, 300 square feet. 7. Wall beds - location undetermined. 8. Storage space - east side of apparatus bay area. 9. Self contained breathing apparatus training area - remodel existing facility in the lower level. 10. New overhead doors with windows - to provide natural lighting in the apparatus bay. . James G. Willis June 22, 1990 Page 2 The remodeling would include new furnishings for the offices, lounge and training room; new kitchen appliances; new floor covering and window treatments. Adequate lighting is to be provided throughout the station. Redecorating throughout all spaces. , I have not addressed the structural problems that Station II currently has, as I feel that is a separate issue from the remodeling program. It should, however, be considered in the immediate plans for Fire Station II. If I can be of any further assistance please contact me. LCR:ly cc: Richard J. Carlquist, Public Safety Director Le iPf Alii 17 T-� Medicine Lake Trail Update A bulletin from the City of Plymouth, Number 1, August 15,1990 Construction of the West Medicine Lake Drive trail will be broken into two segments. The south segment is between 18th Avenue and the railroad tracks. The north segment is between 26th Avenue and the north end of West Medicine Lake Park (see map). UPCOMING WORK Work tentatively scheduled for the next few weeks: * First phase work will include the installation of a retaining wall in those areas where it is necessary. The relocation of telephone poles will be done in conjunction or shortly after the construction of the retaining wall. * After the retaining wall has been completed, work will shift toward the installation of the curb on the lake side of the road and the installation of the bituminous trail. * The last phase of the project will consist of the installation of the split rail fence. * A representative of the City will contact you so that we can jointly select a proper spot for the gate opening in the fence for your dock. SHIFTING TRAFFIC The Contractor does have the authority to close the two different segments of construction area for brief times to allow for the installation of the block retaining wall. Most days traffic will remain normal or be restricted to single lane. OVERALL PROJECT The work involved in thisproject includes: the extension of storm sewers into the lake, the relocation of electric and telephone poles, the installation of block retaining walls, installation of B16 curb along the roadway, pavement of an eight foot wide pedestrian trail, and finally, a split rail fence along all areas of retaining wall. Work is expected to be completed by October 15. FUNDING This project is funded 100% by City Park Dedication funds and State Aid road funds. 01W Alk -1%:.9 =---7 CAUTION Please keep children away from the construction area. Heavy equipment is located in the area and crews will be working with hot bituminous at various times throughout construction. The bituminous can be used four to eight hours after it has been laid. For your child's (and pet's) safety, please keep him/her from walking on it until it has cooled. QUESTIONS/CONCERNS If you have any questions about the trail construction, contact Project Engineer, Craig Twinem, at the firm of Strgar-Roscoe-Fausch, 475-0010; or Director of Parks and Recreation, Eric Blank, 550-5131. IL WEST MEDICINE PROPOSED LAKE DRIVE TRAIL 14 EXISTING GROUNDLINE� _ 77 MEDICINE L :::j�- ___LAKE PROPOSED EXISTING ROAD CONC.CURB TO REMAIN B GUTTER TYPICAL SECTION TRAIL ADJACENT TO EXISTING ROADWAY W/ CURB AND GUTTER V, WEST MEDICINE PROPOSED .LAKE DRIVE TRAIL 14, 8 EXISTING PROPOSED RETAINING GROUNDLINE WALL AND FENCE ` MEDICINE LAKE I PROPOSED CONC I EXISTING R04D CURB 6 GUTTER TO REMAIN TYPICAL SECTION i TRAIL ADJACENT TO EXISTING ROADWAY W/ CURB AND GUTTER AND RETAINING WALL mc.t 11oKo[aat7cN uc CITY OF PLYMOUTH HOME WEST �.�� WEST MEDICINE LAKE DRIVE TRAIL TYPICAL SECTION ..".. w+ IMPROVEMENT •amc:. CITY PROJECT NO. 931 CO.wysiwro 069"Te Ctrs AUG 17'90 WEST MEDiUiNt LA&L "" """" _ J. / DRIVE TRAIL RESIDENTS 2337 W Medicine Lk. Dr. 2418 Hemlock Lane Plymouth, MN 55441 Plymouth, MN 55441 • Page 2 Ernest Erickson Ladislao Chiara Zygmunt Niwinski 2520 W Medicine Lk. Dr. 2331 W Medicine Lk. Dr. 2414 Hemlock Lane Plymouth, MN 55441 Plymouth, MN 55441 Plymouth, MN 55441 Doug Anderson Carl Shaffer Ray Honigschmidt 2500 W Medicine Lk. Dr. 2325 W Medicine Lk. Dr. 2410 Hemlock Lane Plymouth, MN 55441 Plymouth, MN 55441 Plymouth, MN 55441 Mark Chapple Marie Marvin Jim Dehnbostel 2445 W Medicine Lk. Dr. 2319 W Medicine Lk. Dr. 2505 W Medicine Lake Dr. Plymouth, MN 55441 Plymouth, MN 55441 Plymouth, MN 55441 Richard Pollock Jim Underhill Jim Dehnbostel 2425 W Medicine Lk. Dr. 2313 W Medicine Lk. Dr. 2426 Hemlock Lane Plymouth, MN 55441 Plymouth, MN 55441 Plymouth, MN 55441 Nick Taylor Elroy Grambart 2415 W Medicine Lk. Dr. 2301 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Ed Bublitz Roger Meyerhoff 2405 W Medicine Lk. Dr. 11825 23rd Ave N Plymouth, MN 55441 Plymouth, MN 55441 David Bergstrom Gary Charboneau 2375 W Medicine Lk. Dr. 2205 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Mitzi Heath Elaine Martin 2365 W Medicine Lk. Dr. 2515 W Medicine Lk. Dr. Plymouth, MN, 55441 Plymouth,MN 55441 Willard Raymond D. Fowler 2355 W Medicine Lk. Dr. 2422 Hemlock Lane Plymouth, MN 55441 Plymouth, MN 55441 Tom Johnson Greg Rostad 2345 W Medicine Lk. Dr. 2455 W Medicine Lk. Dr. CIM AUG 17 1W Plymouth, MN 55441 Plymouth, MN 55441 "1:10L -- 1615 W Medicine Lk. Dr. DRIVE TRAIL RESIDENTS Plymouth, MN 55441 John Reed Howard Hanson 1751 W Med. Lk. Dr. 1609 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Robert Demeules Ralph Larson 1749 W Med. Lk. Dr. 1605 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Michael Ahrens Francis Flis 1743/1737 W Med. Lk. Dr. 1601 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 T. Dahlstrom Friedrich Urban 1731 W Med. Lk. Dr. 1541 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 D. Vinje Dwight Larson 1719 W Medicine Lk. Dr. 1535 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Sylvia Walter Mary Schwartz 1707 W Medicine Lk. Dr. 1529 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Robert Barwiler Joe Smith 1701 W Medicine Lk. Dr. 1525 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Marcella Hansen Kathy Padington 1631 W Medicine Lk. Dr. 1519 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Joseph Smith David Warner 1627 W Medicine Lk. Dr. 1513 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 Earl Nelson Richard Grimes 1621 W Medicine Lk. Dr. 1507 W Medicine Lk. Dr. Plymouth, MN 55441 Plymouth, MN 55441 1501 W Medicine Lk. Dr. i Plymouth, MN 55441 Ida Stohl 1469 W Medicine Lake Dr. Plymouth, MN 55441 Terrance Avery 1465 W Medicine Lk. Dr. Plymouth, MN 55441 Anna Ehrreich 1461 W Medicine Lk. Dr. Plymouth, MN 55441 J. Hackett, Jr. 1455 W Medicine Lk. Dr. Plymouth, MN 55441 Daphne Ekstrom 1441 W Medicine Lk. Dr. Plymouth, MN 55441 Robert Marshall 11905 26th Ave N Plymouth, MN 55441 Sheila Gallagher 2540 W Medicine Lk. Dr. Plymouth, MN 55441 John Pokorny 2534 W Medicine Lk. Dr. Plymouth, MN 55441 Gerald Harty 2530 W Medicine Lk. Dr. Plymouth, MN 55441 Richard Hatfield 2524 W Medicine Lk. Dr. Plymouth, MN 55441 aim AUG 17 ',1 P .:.3�._ T M CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 17, 1990 TO: James G. FROM: Charles E. (M14_4d, Manager Community Development Coordinator SUBJECT: HENNEPIN COUN APPLICATION FOR WASTE TRANSFER STATION (89057) On July 23, 1989 Hennepin County made application for a Conditional Use Permit to construct a solid waste transfer station at the northeast corner of County Road 6 and I-494, pursuant to Section 9, Subdivision D. of the Zoning Ordinance (Hazardous Waste Facilities Conditional Uses). Development Review Committee review of the application commenced immediately together with activity to retain a qualified consultant to review the application on behalf of the City of Plymouth, as the Ordinance specifies. It should be noted that the review by the outside consultant is at the expense of the project applicant. On August 29, 1989, we drafted a letter to Hennepin County reviewing 35 items that are in need of modification; additional clarification; or additional information. These review comments were only the result of review by the City of Plymouth staff and usual retained utilities and traffic consultants. On July 24, 1989, we advised Hennepin County that the City of Plymouth had selected Black and Veatch, Kansas City, to be the consultant that would review technical aspects of their application on our behalf. On August 4, 1989, Hennepin County delivered the necessary financial deposit and authorization to proceed with the review of the application by the outside consultant. On August 10, 1989, we instructed Black and Veatch to proceed with their review. Black and Veatch completed their review and on October 18, 1989, we transmitted a copy of the Black and Veatch report, together with a list of 34 additional design -related items requiring additions, modifications of clarifications related to plans that had been submitted by Hennepin County for this facility. These additional design review items were generated from the report presented by Black and Veatch. The project remains in Stage 2 of the development review process, and cannot proceed until the applicant has provided responses we have requested. On August 2, 1990, Hennepin County delivered revised plans for the facility. Stage II review by the Development Review Committee will proceed based on these revised plans. (pl/cd/trans.sta/S:jw) CIM AUG 17 '90 DAILY AVERAGE RIDERSHIP PLYMOUTH METROLINK NORTHEAST DAILY RIDERSHIP JULY 1990 • 7/02 - 7/06 901 7/09 - 7/13 1330 7/16 - 7/20 1325 7/23 - 7/27 1395 7/30 - 7/31 569 TOTAL: 5520 263 YEAR TO DATE AVERAGE 253 DAILY RIDERSHIP AVERAGES BY MONTH MONTH: 1990 June 243 July 263 ------------------- YEAR LONG AVERAGE: 253 CIM AUG 17 '�l Y PLYMOUTH METROLINK SOUTHWEST DAILY RIDERSHIP BY SERVICE TYPE JULY 1990 7/02 - 7/06 794 549 1343 7/09 - 7/13 1062 707 1769 7/16 - 7/20 1102 732 1834 7/23 - 7/27 1187 662 1849 7/30 - 7/31 490 23A 774 TOTAL: 4635 2934 7569 DAILY AVERAGE RIDERSHIP YEAR TO DATE AVERAGE 221 140 360 366 y 9 CRI, AUG 17'90 METROLINK SOUTHWEST DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984-1990 COMMUTER/ REVERSE COMMUTER Y MONTH: 1984 1985 1986 1987 1988 1989 1990 January 330 307 351 429 433 496 427 February 310 292 350 394 426 461 420 March 307 311 338 397 418 467 417 April 301 295 354 365 408 405 364 May 295 298 332 350 392 388 367 June 276 314 349 358 409 362 372 July 277 297 328 345 361 356 • 360 August 266 292 328 345 .377 376 September 275 322 354 348 396 383 October 276 312 384 365 430 441 November 271 311 396 398 437 433 December 265 320 412 391 409 398 --------- YEAR LONG ------------------------------------------------- AVERAGE 287 306 356 374 408 414 366 * Effective April 1, 1990 Plymouth Metrolink providers changed from Medicine Lake Lines to Metropolitan Transit Commission. The passenger numbers for Medicine Lake Lines for the period 1984 - 1989 do not reflect transfers, while the 1990 Medicine Lake Lines figures includes transfers. Metropolitan Transit Commission figures reflect all fares whether cash or convenience. CIM AUG 17 90 If ANO MEMO CITY OF PLYMOUTH R 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 13, 1990 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Directol:�e�/-//r SUBJECT: GOOSE CAPTURE PROGRAM RESULTS This years roundup of geese totaled 283 in Plymouth. Originally, we had targeted five sites in Plymouth for the capture and translocation program. Since there was such a poor showing of geese captured on Parker's Lake this year, Dr. James Cooper included a roundup at Schmidt Lake for the same price! In the entire Metropolitan area a total of 2,819 geese were trapped at 49 sites and transported elsewhere. Oklahoma took 400 adults and Mississippi 697 for release on their wildlife areas. The goslings were transported to Minnesota sites, mostly in the north, and released. The following table capsulizes what has been occurring the past three years. Location Young Adults Tota BASS LAKE: 1988 92 29 121 1989 55 36 91 1990 58 14 72 MEDICINE LAKE: 1988 98 49 147 1989 88 35 123 1990 66 26 92 PARKER'S LAKE: 1988 43 10 53 1989 13 11 24 1990 3 0 3 SAGAMORE: 1988 34 19 53 1989 8 13 21 1990 25 9 34 SCHMIDT LAKE: 1990 29 9 38 CIMARRON PONDS: 1988 73 31 104 1989 41 18 59 1990 29 15 44 CW AUG 17 'fin =�o James G. Willis August 13, 1990 Page 2 The first year, the program yielded 478 total geese. The following year 1989, the total was 318 and this year, 283. So you can see, the number of geese being captured is going down each year. The $64,000 question, or in this case, $4849 -0 -is: are the number of geese "really" being reduced in number? X3,0,. RJC/sb <; z? Y X -6. 2 7510( a �.4 / zF`t---> .1 I CIN AUG 17 '90 It MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 14, 1990 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation ES SUBJECT: JET SKIS - LONG LAKE PROPOSED ORDINANCE I spoke with Laverne Hanson, the clerk of Long Lake, this morning with regard to their jet ski ordinance. She indicated to me that they have only so far collected data from the DNR and have not drafted any proposed -ordinances on the subject. The DNR has counseled them to look at controlling parking as the best means of solving their problem on the number of boats on Long Lake. She is not sure how they are going to handle the issue of jet skis at this particular time. Based on my conversation with Laverne, I would say we are a little bit further ahead in terms of research and background, both in the City Attorney's office and our office. I asked Ms. Hanson to keep me informed of any future work they do in drafting an ordinance in this area. EB/np CIM AUG 17'010 =-\k Total of boat count between 11-8 p.m. Count taken every 30 minutes. CIM AUG 17 'g0 JET SKI/BOAT COUNT ON PARKERS LAKE (as recorded by lifeguards) Jet Skis Boats June 7 0 3 June 8 0 4 June 9 5 3 June 10 6 14 June 11 no count taken June 12 no count taken June 13 4 1 June 14 5 3 June 15 no count taken June 16 0 1 June 17 2 1 June 18 no count taken June 19 1 0 June 20 2 1 June 21 2 0 June 22 2 1 June 23 9 28 June 24 2 25 June 25 no count taken June 26 3 0 June 27 no count taken June 28 1 1 June 29 no count taken June 30 5 4 ,July 1 0 2 July 2 no count taken July 3 0 2 July 4 0 2 July 5 1 2 July 6 0 1 July 7 2 2 July 8 1 2 Total of boat count between 11-8 p.m. Count taken every 30 minutes. CIM AUG 17 'g0 Videen JET SKI OBSERVATIONS DATE TIME DURATION NUMBER 9COURSE =- k\ CIM AUG 17 Si�� 5/30 2:OOpm unk 2 yes - 6/6 7:15pm unk 2 yes 6/7 6:15pm unk 1 ? 6/7 8:30pm lh hr 1 no Sp� 6/9 1:OOpm 3h+ hr 2 yes 6/10 1:30pm unk 1 no 6/14 6:30pm hr 2 ? 6/19 6:30pm+ hr 1 yes 6/20 6:OOpm lh hr 2 ? 6/21 3:OOpm 2 hr 1 ? 6/21 6:00pin ? 2 ? 6/22 9:OOpm 1+ hr 1 ? =� 6/23 2:OOpm ? 1 ? spa 6/24 11:30am 4hr 1 no 6/25 6:OOpm ? 1 ? 6/27 7:OOpm ? 2 ? 6/28 6:30pm ? 1 ? 6/29 . 6:45pm ? 2 ? 7/1 6:OOpm ? 2 yes 7/2 7:15pm ? 3 ? 7/9 5:30pm 2 hr 2 ? f110 ( : qs- pw. 11y 44 . 2 A0 Note: I was out-of-town for approximately the first week of the survey period. =- k\ CIM AUG 17 Si�� =- � Q., NOTICE OF PUBLIC HEARING METROPOLITAN COUNCIL'S PROPOSED 1991 WORK PROGRAM AND BUDGET The Metropolitan Council will hold a public hearing to receive comments on its proposed 1991 work program and budget. You are strongly encouraged to participate in this hearing and provide the Council with your viewpoint on the budget. The proposed budget was based on direction pro.ided by members of the Metropolitan Council during spring work sessions. The six top priorities selected for 1991 are: 1) water resource management, with the focus on improved protection and management of the quality and quantity of our water resources; 2) transportation, with a focus on ensuring an effective balance in the transportation system of the region through research and policy direction, including continued emphasis on transit strategies; 3) long-term airport system- planning, with the focus on improving the region's ability to meet air transportation and related economic development needs consistent with appropriate land use; 4) solid waste management, with the focus on moving the regional system in new directions being set forth in new Council policy and legislation; 5) housing, with the focus on promoting and guiding the orderly development of housing throughout the region in light of changing demographics and needs; and 6) human investment framework, with a focus on developing more integrated policies that will ensure that the long-term needs of the region's citizens are addressed. The proposed 1991 budget provides for expenditures of $13,972,125. This budget was prepared within the context of financial forecasts that project a relatively stable funding picture through 1991. The public hearing will be held on Sept. 10. The hearing record will remain open until Sept. 20. The Council will adopt the 1991 work program and budget on Sept. 27. Enclosed is a summary of the proposed work program and budget. Copies of the full budget document are available from the Council's Data Center by calling 291-8140. PUBLIC HEARING INFORMATION When: Monday, Sept. 10, 1990, 1 p.m. Where: Metropolitan Council Chambers Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101 (OVER) .. CIM AUG 17'90 Who Will Be Notified: Local officials Minority and business organizations Metropolitan agencies Council advisory committees Interested persons How To Participate: 1. You may attend the hearing and offer comments. To register in advance to speak, please call Bernadine Scott at 291-6500.. 2. You may send a letter with comments, which must be received no later than Sept. 20 to: Brian Buchmayer, Finance Manager Metropolitan Council Mears Park Centre 230 R Fifth St. St. Paul, MN 55101 Questions: Call Brian Buchmayer of the Council's Finance Division at 291-6567. CINI AUG 17 `010 METROPOLITAN COUNCIL'S PROPOSED 1991 WORK PROGRAM AND BUDGET WORK PROGRAM The Council's proposed 1991 work program and budget includes six priority goals. The Council's priorities will not change from 1990. The Council has determined that its 1991 priorities will continue to be: • Water Resources Management Focus on improved protection and management of the quality and quantity of our water resources. Develop an approach to managing pollution from nonpoint sources in the Minnesota River basin to reduce such pollution by 40 percent by 1996. Implement the fourth year of the five-year nonpoint-source-pollution control program, specifying lake water quality. Provide policy direction to the Metropolitan Waste Control Commission by reviewing its 1992 implementation plan and by monitoring its activities. Develop and adopt a water supply and protection plan for the region that defines available long-term water resources, alternative supplies and ways to ensure a sustained yield and self-sufficiency. Complete a handbook that local governments can use to protect groundwater. Implement the Council's water resource policies and plans through reviews of watershed plans, proposed permits, environmental assessment work sheets and environmental impact statements. Monitor legislative and regulatory activities of the state and federal governments to determine their significance. • Transportation Develop a balanced transportation system to anticipate the region's long-term needs for accessibility and mobility, and to meet the region's long-term social and economic goals. Work with the Regional Transit Board (RTB) and other affected parties in planning and developing new transit strategies consistent with regional values, goals and the Council's transportation policy plan. Work with the RTB, regional railroad authorities and local units of government in developing light rail transit plans. Continue work in major corridor studies. Work with the Minnesota Department of Transportation and other parties in developing and reviewing plans and programs for the metropolitan highway system. Provide a forum for discussing major regional transportation .planning issues as well as air quality, energy and goods -movement issues. Develop long-term transportation financing policies. Process and analyze the data collected in the 1990 Travel Behavior Inventory and U.S. Census for future applications in transportation models. • Long, -term Airport System Planning Develop, operate and maintain an aviation system that enhances the region's quality of life and helps promote its economic growth in a safe, efficient and economical manner but produces minimal adverse impacts on the physical environment. In cooperation with the Metropolitan Airports Commission (MAC), implement the two -track strategy adopted by the Council and mandated by the legislature. Complete selection of a search area for a new major airport. Continue the contingency -planning process to analyze the appropriate timing, magnitude and cost-effectiveness of public investment for the major airport WZ� (OVER) CIM AUG 17'90 METROPOLITAN COUNCIL • Mears Park Centre - 230 East fifth .Sneer • Sr. Paul, Minnrsora 55101 1 612 291-6: . Y 4r.4:.,. and report to the legislature. Monitor and evaluate socioeconomic, environmental and economic impacts of developing and operating the airport system by reviewing the MAC'S capital improvement plans, its long-term comprehensive plans and local comprehensive plans prepared by communities. ; - Solid Waste Management Provide leadership and foster cooperation among the implementors of a regional solid waste management system in developing a balanced system that protects the environment and is economically responsible. Serve as an information resource for implementors making decisions on master plans, facilities and programs for solid waste management. Assist in developing and implementing new technologies or methods to reduce or recycle resources found in the region's waste stream. Prepare environmental review documents to assess the impacts of regional waste management facilities. Review solid waste master plans prepared by the metropolitan counties and conduct policy review of regional facilities and programs. Monitor and evaluate the progress in implementing the Council's solid waste system plan, and report results in the 1991 report on waste abatement progress and the waste abatement fund's expenditures, cost, and financing. Prepare a package of proposed legislation to implement the Council's solid waste policy plan. Operate a metrowide solid waste education program to support county education programs. - Housin Promote and guide the orderly development of housing in the region, taking into account demographic changes, market forces, and the housing needs of people of all income levels, ages and abilities. Increase regional housing choice for low-income people, and maintain and improve the housing stock by providing subsidized housing and rehabilitation services through the Council's Metro Housing and Redevelopment Authority. Review housing development proposals, the housing elements of local comprehensive plans, and tax-exempt bond plans and programs to finance housing. Complete a study on the impact of housing development fees on home prices and issues surrounding local governments' need for these fees. Disseminate the results of the neighborhood characteristics study and provide technical assistance to local governments to implement the study recommendations. Conduct an annual survey and gather data on home prices. Act on the recommendations developed by the Regional Housing Task Force. Develop a study design to identify the geographic distribution of affordable housing and its accessibility to jobs and transportation. Convene housing and service providers to determine crucial links between housing for low-income people and the services they need. Identify the positive and negative impacts of the Council's housing policies on affordable market -rate and subsidized housing. Study the service needs of people in subsidized housing by surveying the recipients of housing assistance and the managers of subsidized housing. - Human Investment Framework Set up a process for approaching issues involving "human investments" and social problems in the region in an integrated way, and assist policymakers and service providers to anticipate future human investment issues and to identify effective and innovative methods for addressing them. Do research and policy analysis regarding the geographic distribution of human services, total public and private expenditures on human services in the region, the identification of various subpopulations among people in poverty, the identification and gathering of the successful components of self-sufficiency programs in the U.S., and a study that applies economic tools to address human service issues or problems. Continue studies of policies that promote citizen empowerment, lifelong learning and investment in the region's human resources. Coordinate human investments through: 1) continuance of convening human service organizations and identifying collaboration methods, and 2) working with municipalities to identify methods and policies for successfully siting group homes or other facilities for person with disabilities. (OVER) CIM AUG 17 `001 =- kz.... BUDGET - The proposed budget for 1991 is $13,972,125. This represents a 9.1 percent decrease from the 1990 amended budget of $15.4 million. - The largest share of the Council's proposed budget, 60 percent, will come from a regional property tax levy. The proposed levy of $8,289,314, adjusted for the Homestead and Agricultural Credit Aids reduction, is a 6.1 percent increase over the 1990 levy. - The proposed budget for 1991 supports a full-time complement of approximately 207 employees. - In addition to the proposed budget of $13.9 million for agency operations, the Council anticipates administering $49.5 million in grants and $5.1 million in loans for various federal and state -funded programs. CIM AUG 17 ,-Do M �Z CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 3, 1990 TO: Frank Boyles, Assistant City Manager FROM: Laurie Rauenhorst 'ty Clerk SUBJECT: EROSION CONTROL Attached are three City policies or ordinances which may address the problem of erosion from private property causing a hazard on public property, such as a public trail. Erosion and Siltation Control Policy -- This policy only applies to erosion caused by development. The policy could be expanded to include erosion control requirements for property not undergoing development, but it would probably be more appropriate in the City Code for enforcement purposes. Public Health and Safety Hazards (City Code Section 810.05) -- This ordinance grants assessment authority to the City in situations where the City removes public health or safety hazards from private property. This would probably not apply to the trail situation because in most cases no public hazard exists until the erosion has occurred onto public property, and the nuisance is being removed from public property. Nuisances (City Code Section 2010.01, Subd. 1 (b) -- This ordinance may apply to erosion, but the intent clearly was garbage and other waste: "The following acts are declared a public nuisance... permitting, suffering, or maintaining, or failing to remove any offensive, nauseous, hurtful, dangerous, unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid or thing, upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property." CIM AUG 17 pj, EROSION AND SILTATION CONTROL POLICY Resolution No. 89-173 March 20, 1989 (Supersedes Res. No. 77-163, March 28, 1977; Res. No. 81-276, April 27, 1981; Res. No. 84-760, Oct. 23, 1984) 1. Findings and Declaration of Policy The City Council finds that erosion continues to be a serious problem and that rapid changes in land use from agricultural and rural to non-agricul- tural and urbanizing uses, construction of housing, industrial -commercial development, streets, highways, recreation areas, schools, public utilities and facilities, and other land -disturbing activities have accelerated the process of soil erosion and sediment deposition. The control and manage- ment of surface runoff and erosion and sedimentation benefits both the developer and the public. 2. Erosion and Sediment Control Plan For the purpose of alleviating harmful or damaging effects of on-site ero- sion and siltation on neighboring downhill or downstream lands and waters in the City of Plymouth and adjacent communities during and after develop- ment adequate controls of erosion and sedimentation of both a temporary and permanent nature shall be provided by the developer during all phases of land -disturbing activities. Plans and specifications for such controls shall be submitted to and approved by the City Engineer. Said plans and specifications will be a part of the development contract or grading permit and compliance will be assured by the financial guarantee. No development shall be permitted until said plan is approved by the City Engineer. 3. Required Control Measures The following control measures are required for an erosion and sediment control plan: a. The plan shall be suited to the topography and soils so as to create the least erosion potential. b. The land shall be developed in increments of workable size on which ade- quate controls of erosion and siltation can be provided and maintained during the construction period. Operation shall be staged so that the area being developed is not exposed for long periods of time without stabilization. c. Temporary vegetation and/or mulching shall be used to protect the areas exposed during the development. No area shall be left denuded for a period longer than 5 days on critical erosion areas from initial grading. Such period may be extended if satisfactory control measures are estab- lished and remain in place. This determination will be made by the City Engineer. CIM AUG 17 '10 10 a:.- k3 d. Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from the land undergoing development. Storm sewer inlets shall.be provided with debris guards and microsilt basins to trap sediment and avoid pos- sible damage from blockage. The silt shall be removed when necessary. e. Permanent vegetation and structures shall be installed within 30 days after completion of initial grading. f. If the control measures required by items 3.a, 3.b, 3.c, 3.d and 3.e are not installed or maintained by the developer, no additional build- ing permits will be issued within the development until the necessary measures are placed in control. g. Erosion control practices shall follow the design criteria as shown in U.S. Department of Agriculture Soil Conservation Services Urban Runoff, Erosion and Sediment Control Handbooks. 4. Financial Guarantee Before any grading is started on any site, all control measures as shown on the plan shall be installed. A $2,000 per acre financial guarantee shall be provided to the City to insure compliance during construction. $1,000 of this amount shall be by cash deposit. The remaining amount shall be by an exclusive letter of credit providing for withdrawal of the funds by the City within one work day. This financial guarantee will not be returned until all the disturbed area has permanent vegetation re-established and in subdivisions the $1,000 cash will be retained until after all building construction is completed. The City will use the guarantee for the penalty included in Item 5a and if any invoice for work performed by the City is not paid within 30 days. 5. Enforcement Measures a. Developers will be given a 48 hour telephone notice the first time an unsatisfactory condition exists that is determined to be a developer's responsibility. If there are any future problems the same construction season, the City will immediately contact the street cleaning contractor. If an unsatisfactory condition still persists for an additional 24 hours, the city will proceed to do the work and invoice the developer. In addition to the actual cost incurred by the City, the developer will be charged an additional 100% as a penalty for not having adequate erosion control. If a timely payment is not received, the City will proceed.to draw on the financial guarantee. During the same construction season, and for each time the City is - required to call the street cleaning contractor, $100 will be deducted from the financial guarantee for non-performance of the developer's obligations. b. Builders will be given a notice at the time of building permit issuance that erosion control on the lot being built upon, and street cleanup of any and all materials originating from the lot being built upon, are their responsibility. No inspections will be approved if the street is not clean and erosion control in place. -9a- cim AUG 17'90 6. Street Cleaning j-. \ 3 Included within the Development Contract or grading permit shall be the requirement of a contract for street cleaning within and immediately adjacent to the development. w1lls CIM AUG 1 ?,go .y. Plymouth City Code 810.01, Subd. 5 (Rev. 1983) Subd. 5. Removal by City. If the owner or occupant of any property in the City fails to comply with the written notice within ten days of the date of the letter, the City shall cut and remove such weeds. Records shall be maintained by the weed inspector showing the cost of such work attributable to each sepa- rate lot and parcel and shall deliver such information to the City Clerk. (Amended, Ord. 81-06, Sec. 5) 810.05. Public Health and Safety Hazards. When the City removes or eliminates public health or safety hazards from private property pursuant to this Code, the administrative officer responsible for doing the work shall keep a record of the cost of such removal or elimination against each parcel of property affected and annually deliver such information to the City Clerk. This Section does not apply to hazardous buildings under the hazardous building law, Minnesota Statutes, Sections 463.15 to 463.26. .07. (Repealed, Ord. No. 82-30, Sec. 10 - See Sec. 730) 810.09. Assessment. On or before September 1 of each year, the Clerk shall list the total unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this Section. The Council may then spread the charges against property benefitted as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case. CIM Plymouth City Code 2010.01. Nuisances. a public nuisance. (a) Engaging in unwholesome, constitutes detrimental I ) _.- k3 2010.01 (Rev. ]989) Section 2010 - Nuisances; General Subdivision 1. Defined. The following acts are declared any business or activity which is dangerous, hurtful, offensive or unhealthy to the neighborhood, or which an annoyance to the persons in the neighborhood, or is to the property in the neighborhood. Permitting, suffering, or maintaining, or failing to remove any offen- sive, nauseous, hurtful, dangerous, unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid or thing, upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property. (c) Constructing or maintaining or permitting or suffering upon one's property any billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign, or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace. (d) Displaying, circulating, issuing or publishing any slanderous or obscene, immoral, or lewd pictures, posters, literature, writings, drawings or oral statements. (e) Permitting, suffering, or maintaining any fence, wall, .plantings, landscape materials, or any other item within twenty feet of any street right-of-way corner which interferes with or obstructs traffic visibility. (Added, Ord. No. 88-05, Sec. 1; Amended, Ord. No. 89-11, Sec. 1) Subd. 2. (Repealed, Ord. No. 85-26, Sec. 1) Subd. 3. Abatement. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner and occupant of the premises of such fact and order that such nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to'be taken to abate the nuisance and the time, not exceeding 30 days, within which the nui- sance is to be abated. If the notice is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the coun- cil. Thereafter, the council may, after notice to the owner and occupant and an opportunity to be heard, provide for abating the nuisance by the city. The notice sball be served in the same manner as notice by the enforcing officer is served and shall be given at least ten days before the date stated in the notice when the council will consider the matter. If notice is given by posting, at least 30 days shall elapse between the day of posting and the hearing. (Added, Ord. No. 85-26, Sec. 2) CIM AUG 17 %.: J 4 Plymouth City Code T• \3 2010.01, Subd. 4 (Rev. 1988) Subd. 4. Recovery of Cost. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the city clerk or other official designated by the council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable.at the office of the city clerk. (Added, Ord. No. 85-26, Sec. 2) Subd. 5. Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect -infected trees, the clerk shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under Minnesota Statutes, Section 429.101 against each separate lot or parcel to which the charges are attributable. The council may then spread the charges against such property under that statute and other pertinent statutes for certification to the county auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the council may determine in each case. (Added, Ord. No. 85-26, Sec. 2) Subd. 6. Penalty. Violation of this Subsection is a misdemeanor. The imposition of one penalty for any violation of this Section shall not excuse the violation, or permit it to continue. Each ten days that prohibited conditions are maintained shall constitute a separate offense. (Renumbered, Ord. No. 85-26, Sec. 3) cim AUu 17 `90 The rase Employer Newsletter August 1990 Legislature Expands Options For Local Elected Officials The 1990 Minnesota Legislature has expanded the Defined Contribution Plan (DCP) to local Minnesota elected officials. The DCP is available to all elected officials regardless of the level of their earnings. Originally the DCP Plan was open only to public ambulance personnel. The DCP provides an additional retirement plan alternative for elected officials. As in the past, officials who earn more than $425 per month continue to have the option of enrolling in the PERA Coordinated Plan. In addition, the legislature established options to purchase past uncovered elected service. Purchase of past service options exist for both the Defined Contribution Plan and the Coordinated Plan. We ask that the employers inform their elected officials of their options in participating in the DCP program. PERA did a special mailing in June to all PERA governmental subdivisions explaining the options available to local elected officials. This issue of PERAphrase concentrates on the operation of the Defined Contribution Plan. The focus is upon how to enroll participants and how to submit contributions. Please contact the PERA office if you have questions about enrollment in or purchases of past service in the Coordinated Fund. Local Elected Officials May Join PERA's DCP Plan Elected officials on the city, school district, township and county (except sheriff) level now have the option of participating in PERA's Defined Contribution Plan (DCP). Elected officials eligible to participate in the DCP plan are those individuals who are elected by the public and not by other elected officials to serve on a board or commission. Contributions The DCP operates much like a savings plan. Elected officials who enroll in DCP pay employee contributions of 5 percent and the employer matches these contributions. Contributions are used to purchase shares in accounts of the Minnesota Supplemental Investment Fund selected by the participating elected official. The value of the accounts increases (or decreases) as the value of the shares purchased increase and as shares pay either dividends or interest. Elected Ofliicials May Join PERA's DCP Plan (cont"d) Benefits DCP participants are paid the value of their accounts as a lump sum at death or termination of employment. The lump sum payment is the actual value of the shares held plus accumulated interest or dividends earned by those shares. In addition, elected officials who become permanently disabled are entitled to withdraw funds from their account in monthly installments until funds are depleted or disability ceases. Enrolling Elected Officials in DCP Elected officials are eligible to enroll in DCP if they are elected local government officers or appointed to fill a vacancy in an elected office. Elected county sheriffs are specifically excluded from participation in the plan. Officials need not earn more than $425 per month to enroll. To enroll in the DCP, elected officials must complete a Defined Contribution Plan membership form (salmon color) and submit it to the PERA office. The membership form must be sent to PERA with the first deduction, or within 30 days of the first deduction. There is no time limit for enrollment in DCP for those officials who are not currently participating in the PERA Coordinated or Basic Plans on their elective employment. However, elected officials who currently participate in PERA's Basic or Coordinated Plan because of elected service earnings have through June 30, 1991, to start contributing to the Defined Contribution Plan. Officials enroll in the DCP by submitting a DCP membership form. Upon receipt of the form, PERA will terminate membership in the PERA Coordinated or Basic Plan. Reverse Side: • Reporting DCP Contributions • Officials Enrolled In DCP May Purchase Past Contributions Reporting DCP Contributions Officials who enroll in the Defined Contribution Plan will contribute 5 percent of future earnings and their employers will match these employee contributions. Contributions are paid on salary for services rendered or labor performed. Salary does not encompass reimbursement for or payment of expenses. Also, salary does not include payment for unused vacation or sick leave. Employers may start deducting contributions for the DCP at anytime. DCP contributions are reported on a Defined Contribution Deduction Report which consists of an original (salmon), a PERA membership copy (white), and an employer copy (yellow). The salmon and white copies are to be submitted to PERA and the yellow copy is retained by the employer. You should have received a photocopy of the deduction report in PERA's June mailing. Feel free to report your first DCP contributions on this photocopied form. Once initial contributions are received, PERA will mail a supply of the three-part forms for future reporting of contributions. Do not include DCP contributions on the Salary Deduction Report, which is used for reporting Basic, Coordinated, and Police and Fire contributions. Complete the Defined Contribution Deduction Report in its entirety: list agency name and address, elected official name, Social Security number, and salary information. Except for the unique code, employers will use the same four digit unit number as assigned on the Salary Deduction Report. The unique code is the last 2 digits of the unit number. For elected officials in the Defined Contribution Plan the unique code is 51. Example: 0001-51 Upon completion, remit payment and the deduction report to PERA. PERA cannot partially print the Defined Contribution Deduction Report as it now does the Salary Deduction Report for some government agencies. However, PERA expects to have that capability within the next few weeks. :., Public Employee Retirement Association 514 St. Peter Street, Suite 200 St. Paul, MN 55102 TOLL FREE LINE 1-800-652-9026 OR YOU MAY CALL METRO AREA NUMBER 296-7460 The Defined Contribution Deduction Report is to be submitted at least monthly or for each pay period in which the elected officals are paid. However, PERA can accept reports and payments quarterly or annually from those agencies who pay W. their elected officials on a quarterly or yearly basis. Refer to your 1990 PERA Reporting Manual for Payroll and Personnel Officers for more detailed information on the completion of the DCP enrollment and reporting forms. If you did not receive the 1990 reporting manual updates contact PERA for a copy. Officials Enrolled In DCP May Purchase Past Contributions ,,. Elected officials who enroll in the DCP may make payments into the plan for previous elected service that was not covered by a public or private employer contributory pension plan. Although DCP participants contribute 5 percent of earnings on future salary, past contributions are computed using the Coordinated or Basic contribution rates in effect at the time the service was rendered. If the participant chooses to pay these past contributions, the participant's employer must pay the corresponding employer contribution applicable at the time along with the employer additional share in effect. Payment of past contributions will also require payment of 6 percent interest compounded annually. The IRS limits purchases of past service to 25 percent of eligible income (by employer and participant). Elected officials may purchase all or part of past service and may make installment payments. To estimate the cost of a purchase of service under the DCP, a Record of Earnings form must be completed and submitted to PERA. Copies of these forms were supplied in the June mailing. When PERA receives a Record of Earnings form, PERA will calculate the cost to purchase past service and send this information to the elected officialand to the employer. If the elected official is purchasing past DCP service, PERA will notify the employer of the amounts due. 6956-00 DALE HAHN FINANCE DIREC CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 Bulk Rate US Postage PAID Permit No. 171 St. Paul, MN CIM AUG 17 `90 DATE: August 7, 1990 TO: Joe Ryan, Building Official FROM: Helen LaFave, Communications Coordinator SUBJECT: CUSTOMER COMMENT CARD The attached Customer Comment Card was received at the front counter. The person did not detail what the problem was so I called him to get more information. He explained that the person (he didn't know who it was) helping him obtain a permit, began to help him, then left the counter to get something and apparently forgot to come back and complete the transaction. The customer did ultimately get What he needed. I apologized for the inconvenience and told him I would pass his comments on to you. CITY OF PLYMOUTH PUBLIC SERVICE COUNTERS CUSTOMER`- COKIWT CARD.'' We value . :. Opinion* •: .: :•.':.••-:,:..._;:::•_��.;4::.:. •• ' '"-. •. - ... - •. your n about the ;•service";,you receive::at:.:the Public Service Counters! 1 Pease complete .this card. -and.�drop':1t in a Customer Comment Box. Date O Time19 With which department(s) did you deal Name of person you saw Did you have an appointment?: Yes No Was service prompt? Yes No_V Was'* service courteous?- Yes NO'* Is there information you still require? How could we serve you better? `H• Your namewould be app anonymous, we stilly appreciated; however, your observations. Name Address Fj If you* should . prefer 'to remain Phone P J12-- CIM AUG 17 _el 2 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 01 DATE: August 8, 1990 TO: Helen LaFave, Communications Coordinator FROM: Building Official Joe Ryan <::� SUBJECT: CUSTOMER COMMENT CARD - MARSH PLUMBING & HEATING In response to the attached customer comment card, I spoke to Mr. Marsh on August 7, 1990 to obtain information from him concerning his visit to the City Center on August 1, 1990. Mr. Marsh was unhappy with the amount of time it took to process and obtain his plumbing permit, which was apparently in excess of ten minutes. Mr. Marsh appreciated my call and was pleased with the follow up the City displayed. I have since learned from Senior Clerk Typist Tammy Ward that Mr. Marsh and another plumber came in to the City Center together. Tammy was called out to the front counter on a request to return a water meter. This request was from the other plumber who accompanied Mr. Marsh. Upon Tammy's initial greeting, the plumber wished to exchange an issued 3/4 inch water meter for a new 1 inch meter. His intentions were to pay the difference in cost in exchange for the larger meter size. Tammy went back to her work station to review our permit records. Tammy discovered that the permit for the 3/4 inch meter was issued to Williams Mechanical, who was not the plumber requesting the refund. She explained to the plumber that she would be unable to process his request and directed him to the Finance cashier. At this time Mr. Marsh explained to Tammy that he would like to make application for a plumbing permit on work involving a sprinkler system. Tammy provided Mr. Marsh with the application form and proceeded to the Finance Cashier's window. The plumber who wished to return the water meter was unhappy that the City would not refund him credit on the permit which was issued to William's Mechanical, as he felt that William's Mechanical would not credit him for obtaining the larger water meter. Tammy explained that he would need to speak to the Assistant Building Official concerning his request. Tammy proceeded back to the Building Division to request telephone coverage from the Planning Division as our other Clerk Typist was at lunch. Tammy then requested that Assistant Building Official Don Munson speak to the plumbing contractor concerning his water meter return. Tammy also explained to Don Munson that there was another plumbing contractor at the counter applying for a sprinkler system and inquired if plans were needed before the permit could be processed. Don indicated that no plans were needed and the permit could be processed. CIM AUG 17 :RJ Page 2 Tammy proceeded back to the front counter to assist Mr. Marsh. Mr. Marsh had completed his application form and asked if the permit could be processed. Tammy indicated although 24 'hour processing of permits is normally required, she would process his application if he was willing to wait a few minutes. The permit was immediately processed, and Mr. Marsh was explained that he could obtain his permit at the Finance Cashier's window. Mr. Marsh obtained his permit, and both plumbers left the City Center together.. Please contact me should you have any further questions. cc: File 71• Cim AUG 17 '30 CITU OF PLYMOUTR August 13, 1990 Memo to: Jim Willis From: Maria Vasiliou P.ko Subj: Public Nuisance Complaint VL- \7 w i AUG 131990 CITY OE P000 , 1 h Jim, I'm afraid you missed the point of the complaint. The problem, as it was stated to me, is that the heap is creating an offensive odor. (The police report says, in part, "only if the heap was creating an offensive odor would there be any grounds for public nuisance.") The complaintant does not take issue with the grass clippings pile, only the odor from it. Sounds like the problem may go away. cc: Mayor/Council CIM AUG 17 3.101 PLYMOUTH BOULEVARD. PLYMOUTH. MII4I4ESOTA 55447. TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 2, 1990 TO: Dick Carlquist, Public Safety Director FROM: James G. Willis, City Manager SUBJECT: CITIZEN COMPLAINT Councilmember Vasiliou has received a complaint regarding the disposition of grass clippings and other "refuse" in the backyard of 2440 Jewel Lane. The property owners are listed as Peter and Jacquelyn Zasadny. I would appreciate your having a community service officer follow-up on this complaint and advise me of their findings in order that I may communicate it back to Councilmember Vasiliou and the Council. JinT: kec cc: S.F. 8/9/90 Mayor & City Council N CIM A t i 2440 JEWEL LANE O LNBR HRC) SQUAD OR BADGE • (SBH) TIME ASID. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) LNBR ISN UOC UCS ® / ®/ /W OFFENSE [3 OR INITIAL COMPLAINTO PULBIC NUISANCE COMPLAINT VICTIM (IF FIRM. NAME OF FIRM i NAME OF PROP.) CITY OF PLYMOUTH O.O.B. IF VICTIM IS A PERSON ERSON REPORTING OFFENSE TO POLICE FINDINGS. DISPOSITION OR LOSS OFFICER ASSIGNED SYKES ASSISTED BY SUPR. APPROVED PLYMOUTH POLICE DEPARTMENT i MESS KEY E C 1/ 9 CONTROL NUMBER OCA / CONT. AGENCY NCIC (DENT. GAG DATE/TIME REPORT MADE 813/90 1430 M N 0 2 7 1 7 0 0/ 0 0 1 2 DAY: S M T W T F S LNBR DATE REPORTED /0 ! 0 18103 9 RFD TIME RPD TRP LOCATION GRID NBR (LGN) PLACE COMMITTED (PLC) 0 i 2440 JEWEL LANE O LNBR HRC) SQUAD OR BADGE • (SBH) TIME ASID. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) LNBR ISN UOC UCS ® / ®/ /W OFFENSE [3 OR INITIAL COMPLAINTO PULBIC NUISANCE COMPLAINT VICTIM (IF FIRM. NAME OF FIRM i NAME OF PROP.) CITY OF PLYMOUTH O.O.B. IF VICTIM IS A PERSON ERSON REPORTING OFFENSE TO POLICE FINDINGS. DISPOSITION OR LOSS OFFICER ASSIGNED SYKES ASSISTED BY SUPR. APPROVED DETECTIVE ASSIGNED SUSPECT: PETER WARREN ZASADNY. 0 ADDRESS: 2440 JEWEL LANE PARTY MENTIONED: JACKIE ZASADNY (WIFE) DATE L TIME OCCURRED 8/2/90 BUSINESS ADDRESS HOME ADDRESS SCHOOL IF JUVENILE BUSINESS ADDRESS HOME ADDRESS HRD Codes P Phone R Radio A Alarm I In Person V Visual M • Mail T - Other HOME PHONE GRADE PARENTIS NAMES BUSINESS PH( HOME PHONE Received a complaint via counsel member Vasiliou addressed to City Manaaer Willis regarding the disposition of grass clippings and other "refuse" in the back vard of the address 2440 Jewel Lane. On 8/3/90 I inspected the Property at 2440 Jewel Lane. 1 observed that there was a three to four foot tall Pile of grass clippings in the back vard in the northeast corner of the lot. I observed that the Pile was made up entirely of arass clipping and I observed no other "refuse" in the back vard whatsoever. It should be noted that the overall condition of the vard was excellent. The grass clippings themselves were Piled in a very neat Pile amroximately four feet tall with a diameter of approximately four feet. It was orderly and in a Position that was not an "eve sore" in any way from any of the surrounding_ vards. The only possible offense that I could find with the arass Pile was that there was a Possibility of odor resulting from the rottina arass clippings. However. during my inspection I did not notice an offensive order. Returning to the hall I made a call to Dick Pouliot. coordinator for the City of Plymouth. and learned that the City does not have an ordinance aaainst owning a compost heap. .1 also learned that there are no guide lines as to how the heap must be maintained as well as location of where the heap maybe maintained. ciM AUG 10'90 CIM PX 17 "'a" Pc a, nr.Ic nooc c7 G n— 1, Moir rT G—WITNFCCFG t AnnIT IONA1 OFTA It Fr) RFPORT ON CONTINUATION GHFFT PLYMOUTH PULIUh ULP I . PUBLIC NUISANCE COMPLAINT TY nF PI Y SUPPLEMENTAHT/Lour4 1 Inufa I lun nr-rvn I It is the opinion of this officer that the compost heap did not Pose an eve sore and that only if the heap was creating an offensive odor would there be any grounds for public nuisance. I spoke with Jaqueline Zasadny on the Phone and I* explained to her situation regarding their Bras: heap. I explained to Mrs. Zasadny that the grass heap may be causing an offensive odor to some of the neighbors whose yards surround the Zasadny .,ard. I gave Mrs. Zasadny some ideas on maintaining the compost heap. such as turning the grass once a week. at least and limiting the amount of fresh cut grass clippings Placed on the compost heap. Using these te-chniaues would greatly reduce the Possibility of an offensive odor. Mrs. Zasadny was extremely cooperative and receptive to these ideas. However. she stated that she felt that it might be better just to pack up the grass heap and dump it at the city shops compost site. All of these options are acceptable under the city ordinances. Nothing further to report at this time. End of this report. SYKES/766:EEB Attention: Supervisor Correll. for distribution to Chief Carlauist James Willis Council Member Vasiliou NO.O PREC. NO. em AUG 17 '90 am AUG 10'90 I ' r jA Ao 4 1 � WAYAW.Www, Me W/41 /.W i n! - -ii -41. _ r' P --J- • ii N f- . i �Q�12nitC�q� �1 � �p,hi • Q�.� i AC L,f ,{l► f�T� '(J[ 1 —Li L .1 _r% n i GSM AUC, 17,90 a D CIM AUG 1? 90 j.j,Sepr'�,=�`r% .. .. - ... ti M�:•(.. �'": .'n• •ti e�t . �:.: ^n,.�.T.-.:�- -. - 2= y%I.. August 16, 1990 -` 74" CIN of Mr. & Mrs. Donn Mischke PLYMOUTH- � Mischke Builders, Inc. 13420 35th Place Plymouth,.MN 55441 Dear Mr. & Mrs. Mischke: Thank you for your very thoughtful letter regarding Arne Rasmussen! I think it is really neat that you took the time to express in. writing your appreciation for the 'type of service Arne renders you and others as he carries out his inspection responsibilities. We know Arne is an excellent building inspector, as well as person well versed in working with people as they are seeking to comply with city building requirements. Arne has an excellent background in his work and demonstrates on a daily basis his commitment to providing high quality service to you and others in our community. Thanks also for the kind remarks regarding Joe Ryan's continuing efforts to maintain effective communication lines, with the builders of Plymouth. We all 'believe that through continued effective communications all of us will be able to carry out our responsibilities in a more satisfactory manner. Thanks so much for your taking the time to write such a thoughtful letter. Yours truly, J es G. Willis Ci y Manager :kec cc: Mayor & City Council Joe Ryan, Building Official Arne Rasmussen, Building Inspector AM AUG 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 James G. Willis, City Manager 3400 Plymouth Blvd. Plymouth, Mn. 55447 August 139 1990 Dear Mr. Willis: =. Mo 1jjJ►�`r 11Q90 There are occassions when a verbal comment is not adequate, and as such we are writing this letter tb inform you of an employee from the building department staff whose approach and committment to his job surpasses what one normally sees in todays business environment. We have been residents and builders in Plymouth for over 18 years which we hope provides us with the background upon which we write this letter. Arnie Rasmussen brings to the job site a sincere desire to assist the builder in building a good home. One need only to talk with him a few minutes to know that he is totally committed to achieving a high standard for homes built in Plymouth. If a builder is receptive, he/she will benefit from having Arnie on the building site to do an inspection. Arnie inspects several homes a day and is willing to share the knowledge gained from this. He possesses the knowledge of a builder/ carpenter and is able to couple this background with his current knowledge of building codes and day-to-day experiences to be a great asset to any builder. The extra minutes that we spend with Arnie at the various inspections provides us with another perspective on evaluating procedures and new requirements that keep coming up in our business. This along with Joe Ryan's desire to keep the builders informed as to new city policies and building codes through newsletters and periodic meetings is a real service to our business. We want to conclude by saying that we do not wish this letter to be taken for anything other than what we intended it to be, i.e., recognition of an individual who is doing more than he would need to do and to let him know that it is appreciated. Sincerely,1�t Donn and JoAnn Mischke Mischke Builders, Inc. c. c. Joe Ryan, Building Official CIM AUG 17 o0 Peter Tysdal 41 3015 East Medicine Lake Boulevard Plymouth, Mn. 55441 August 12, 1990 Mayor Kim Bergman Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Mn. 55447 Dear Mayor Bergman: I visited city hall last Monday regarding my desire to build on my property at 3005 East Medicine Lake Boulevard, P.I.N. 24-118-22- 32-0009. You are probably familiar with this property from my cont.est.at.ion of its valuation. This property has been declared unbuildable, first due to its small lot size and secondly due to the desire of the city/county to possibly extend their recreational trail system on this side of the lake. After I explained that I thought it unduly burdensome to be required to provide a set of building plans ;lust to apply for a permit which would be denied, or for a variance that would also be denied, I was told I might wish to first contact ,you. The potential land value is greatly disproportionate to the entire package while the lack of garage space and the small size of the structure limit my pursuit for suitable tenants and the rent I can charge. After pr•opert.y taxes, which consume over 3 months of gross rental income, I am left with an insufficient amount to cover a mortgage for the cost of capital). That is why I now petition you regarding my desire to build a 2-3 story building with a garage on top. Such a structure would be a magnificent creation, in tune with the current environment, while making efficient use of the hill in which it was imbedded.. I then could either move into it myself, sell it, or rent it out to professionals who desire, and are willing, to pay for, something extraordinary. You may be familiar with the 6/87 U.S. Supreme Court decision which deals with the denial of the full use of a citizen's property rights. I have enclosed an article regarding such decision if you are not.. If I am not to be granted the full use of my land, I wou'1d like the city to buy this proper.-ty, with its 53' of lake frontage, for the equitable amount. of $125,000. ouch figure is for the value of the Present structure and what the lot would be worth when developed as mentioned above. This proposal requires a response. by September 10th. Peter T, 1 C'M AUG 17 :.30 $J11A;uu1 X *Lr.Cr�i�« 1c 1� ids �cac�w:� t :I_I � wcitited. Press The 'court said that compensation i him custody. ' void `an extradition' order: from 1T may be required even if the taking i other.4Without trying toliecide'ivh shhwc; , D.C. not permanent. a ruling comes after nearly seven is right'or wrong, they said only'th; a major:property-rights decision, {��Tr =�' ears of legal fighting between Rich-:, the extradition agreements amor 9111 —Tuesday4i The;decision in a case from Califo - d Smollin and his former wife, Ju- the states require that the father fac t apgsav . nig represents a victory for lando"- ith. Both won custody orders •'in • , the charges that %were ; duly ..file - ltit'6&:,bid ers'and the real estate and home- t eir own states, without informing against him in Louisiana. fftirbalf age building industries. It was a. setback4 't a other sides of what they were �f'or.;state'apd;local zoping•off}eials:a: doing. In 1984, fed up with the slow judicial pace, Smollin arid his father' : court, by a 6-3 vote, said regula- rs such as &.01 t %;-dinaricfs:th V t wedge'vt,0gtW. _A';tnaownePs-uset W167 � 44ii 6 nit for ch.the Constitution requires- ustt In another ruling, the Court said that a San Bernardino, Calif, man must be returned to • Louisiana to face charges that he kidnapped his two daughters,'even though he had earlier won a California court order granting ,ourt. Continued from page IA -he••keyi,questiun:•*e-decision" left nansviered, istwhether. a•40cal gov- ittpea's dPi�sjpniito.`:dowrizone" t+6pert5 —from commercial to resi- ential or require"largeott rr homes, examRlei �veF'can' �•,: �h tni�iii]tw>i4r aataktng., t at'• requires 3iiltt6n. • .pother unresolved question is 'hether compensation ever may he Aquired for regulations imposed for ,ublic safety. I don't use the term 'landmark' 3osely but this is a landmark — the ourt's most important land -use deci- ion in over 50 years," said Gus lauman for the National Association f Home Builders. :oyce Holmes Benjamin, • a lawyer jvho represents the National Associa- ion of Counties, the National :,eague of Cities and other govern- nental organizations, called the deci- ;ion disappointing. 'Now, it's a lot of litigation," she ;aid. "We'll know more about the Jecision's impact after• we run a few more cases through." The Constitution's Fifth Amendment says "private property (shall not) be taken for public use without just :ompensation." A taking most often has meant con- demnation. private land being bought by the government for public uses. But in recent years, courts have seemed more willing to recognize that some land -use regulations can have the same effect as public owner- ship. TNe Supremc Court had said as much, but before yesterday had not ruled that compensation is constitu- tionally required in such cases. Its new ruling also marked the first time the court said even temporary land -use restrictions may amount to a taking requiring compensation. "Temporary takings which ... deny a landowner all use of his property are hot different in kind from perma- nent takings, for which the Constitu- tion clearly requires compensation," Chief Justice William Rehnquist wrote for the court. "We merely hold that where the gov- ernment's activities have already worked a taking of all use of proper- ty, no subsequent action can relieve it of the duty to provide compensa- tion for. the period during which the taking was effective," Rehnquist said. went to Louisiana and picked ftp the children, Jennifer and Jamie, at a school bus stop. In their ruling, the justices rejected the right of a court in one state to The,:decision made, clear, that once ` some court has found that an owner'i land. was' "taken" by, a.�regulation," government officials may amend the regulation, withdraw it or:>buy: the property. Butt whatever the govern- ment -does, it •will'•have to'compen- s sate.the owner for the -time between' the 'regulation took • eff'ec`t and • the ftnding,that.it'was #,taking: Several Minnesota and Twin City area officials, though most hadn't seen the decision, said they're con- ccrned it could have dramatic effects on governmental planning. The state Attorney General's Office joined with the state of California in a friend of the cour} brief supporting the Los Angeles County position. State officials fear the decision could obstruct governments' ability to re- strict land use for environmental or development purposes, said Rick Slowes, assistant solicitor general in the State Attorney General's Office. "It opens up what we see as a can of worms, not only for the state, but for local governments," Slowes said. "Historically, land -use planning and, zoning has nbt•entitled landownemtb compensation:. Ii's;going#o'rriakb'ii mor6difiicultto,doAthe,.ktrkd of:plan} nirig they've been doing." e • The California dispute stems from an attempt by the First English Evan- gelical Lutheran Church of Glendale to collect compensation from Los Angeles County. . -Full impact of the land -use case mi not be evidegt &r some years. La,. yers for both sides agreed the rulir left many questions unanswered, ar will spark many new lawsuits. The Glendale church used to operate a camp, called Lutherglen, on 21 acres it owns in the mountains north of Los Angeles. Forest fires in the summer of 1977 burned off much of the vegetation at the camp, and heavy rains the following year caused flooding that leveled the camp's buildings. Los Angeles County subsequently en- acted an interim ordinance that effec- tively prohibited reconstruction of the buildings destroyed. State courts threw out the church's lawsuit against the county after seem- ingly assuming that the flood plain regulation was a "taking" and ruling that California law denies any com- pensation. r Court continued on page 8A Yesterday's; decision said California law cannot deny 'compensation"for such takings, but sent the case back to the .,ate courts for further study. Rehnquist was joined by Justices William J. Brennan, Byron R. White, Thurgood Marshall, Lewis F. Powell and Antonin Scalia. Justices John Paul Stevens, Harry A. Blackmun and Sandra Day O'Con- nor dissented. 6 fL 3 clews h • CIM AUG' K 'At if Fayent or:: 610A prol*. maySOU1 By Tony Mauro ' t USA TODAY: Lawsuits challenging Io land -use regulations could F liferate after a landmark preme Court ruling Tuesda,` The courtd�Q�,_,_,i ment., t'egulotlot>3C,s�l4JR'r' I .;.(u for compettsa�tgot> ES f � ' possible, ws flood ply, coastalzone environmental regulation courts deem them to be constitutional takings" of 1 Dissenting Justice ohn .WenS11&predict6dt, the :r would bring 10"11tigati -n'e slon4that•,couIM Per zoning and -planning ., The ruling stems from Angeles County Rood Alai elation that barred a 'C 1 from rebuilding a campg destroyed by flood and b IBut the 6.3 decision in governments decmIlAb1 routine zoning safety-related regulation ■ -`You're not going tc I wholesale raid on -the I treasury. You can stir comprehensive zonin planning," said Rober lawyer with the c0 pacific • Legal, Founda• Sacramento; Callf. ■-mitre.wW.be lots' :for lawyeWA said Joyct min, lawyer for a coa city and state gover GovBmmhtits �11.'.ba .more -9W +tiouS�,iB�}`t 'p mMaine, paper nies have sued for dar,. cause state regulat tree -cutting in deer their property. But General James Tier "We'll still be able tt that after today:' August 16, 1990 Mr. Peter Tysdal 3015 East Medicine Lake Blvd. Plymouth, MN 55441 Dear Mr. Tysdal: 6TV OF PLYMOUTI-F Thank you for your letter of August 12 addressed to Mayor Bergman. I am taking the opportunity of responding to the letter on behalf of the Mayor. I can appreciate your interest in evaluating the development potential of your property. As a property owner, you have a right to use your property in accordance with local land use regulations. In that regard, I invite you to become acquainted with the City's subdivision and zoning regulations. Both these documents more clearly and specifically spell out how property owners may develop their property. I can assure you that the City has made no determination with respect to whether or not your lot is unbuildable pursuant to Plymouth land use regulations. Yours truly, J es G. Willis Ci y Manager JW:kec cc: Mayor & City Council C'M AUG 17 ,90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 -�-A—%b August 15, 1990 CITY OF PUMOUTR Bob Thompson Metropolitan Transit Commission 560 North 6th Street Minneapolis, MN 55411-4398 SUBJECT: PROPOSAL FOR APRIL 1991 THROUGH MARCH 1992 - Dear Bob: This letter confirms our telephone conversation wherein you indicated that the 1991 - 1992 Plymouth Metrolink Proposal would be submitted to me by Tuesday, September 4, 1990. We are anxious to receive your proposal and are hopeful that it will not reflect any substantive changes from the present Metrolink arrangement beyond those occasioned by "inflation." In the event the changes exceed inflation, I will have to consider whether to request proposals for the service. Similarly, if the proposal is not received by September 4, 1990, I will have to initiate the Request for Proposal process because of the long lead times required. Let me know iX you have any questions. Uncepely, rrapv noxrles Ass Stant City Manager FB:kec =• cc: John Capell James G. Willis, City Manager Mayor & City Council S F. gl'll90 cim AUG 17'90 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 August 9, 1990 Mr. Stan Tikkanen Independent School P.O. Box 660 District #284 Wayzata, MN 55391-9990 CIN OF PLYMOUTt+ ..J % ck�.. SUBJECT: INDEPENDENT SCHOOL DISTRICT #284. AMENDED SITE PLAN AND CONDITIONAL USE PERMIT FOR "PLYMOUTH CREEK SCHOOL" (90072) Dear Mr. Tikkanen: This will confirm our telephone conversation of today concerning the captioned application. I relayed to you that I had passed the Plymouth Creek School on my to work this morning and observed that the improvements covered by' this application are already in place. Both parking areas.have been constructed. The fresh asphalt in evidence. Improvements to which I make reference, and covered by this application, specifically have not as yet been approved by the City of Plymouth, and the installation is in violation of the Plymouth Zoning Ordinance. As I reviewed with you this morning, your application for these improvements was filed on July 23, 1990, and the initial Development Review Committee comments on' that application were not available until August 7, 1990. The Development Review Committee review of your application has not been completed, nor has review by the Planning Commission or City Council. Installation of these improvements is absolutely contrary to the development review process provided for by the Zoning Ordinance. By this letter, I am hereby informing you that the recent improvements to the parking area of the Plymouth Creek School are in violation of the Zoning Ordinance, and they are not to be used for parking purposes until such time as an approval will be forthcoming for the Site Plan amendment. Please also be advised that if such approval is not forthcoming, removal of this additional parking will be,.required. You are specifically advised not to proceed with the new identification sign that is also a part of the application now under consideration. Should you have any questions concerning this matter, please do not hesitate to contact me. Sincerely, "1 Charles E. Dillerud Com-ena' � Community Development Co or cc: Blair Tremere, Community Development Director (dre/cd/90072:dl) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Cllr! AUG 17'90 August 14, 1990 John Sandberg JRS Enterprises 5475 Highway 169 Plymouth, MN 55442 SUBJECT: ENGINE TEST CELL Dear John: CIN OF PLYMOUTI-F I am pleased that construction of your engine test cell is underway. Attached for your information a copy of a police report recently filed by Mayor Kim Bergman. He happened to be in your area on a day that you were testing. Being unaware of the history of this issue, the Mayor filed a complaint with the Police Department. I have advised the Mayor of the history of this matter. He is concerned, nonetheless, about the completion date of the test cell. The completion date for the test cell according to your building permit application is 60 days from the date the permit was issued or September 17, 1990. It would be terrific if the test cell were done before that date. I would expect that once the test cell is constructed that the Minnesota Pollution Control Agency will test the site with an engine running to assure that standards are met. By copy of this letter, I am asking Becky Niedzielski, Noise Specialist, Division of Air Quality, 520 Lafayette Road, St. Paul, MN 55155, to confirm that MPCA will be conducting testing once the test cell is complete and confirming for all parties in writing that the cell does indeed meet Minnesota Pollution Control Guidelines. I think this procedure will reduce the likelihood of any future problems. Thanks for your cogperation, John! �racnx�so es g Ass'" nt City Manager FB:kec cc: Kim M. Bergman, Mayor Becky Niedzielski, Division of Air Quality Blair Tremere, Director of Planning & Community Development John Ward, Sergeant Planning File 90034 S.F. 9/17/90 - Inspection Cim AUG 17'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 r PLYMOUTH POLICE DEPARTMENT Z \fid � DATE/TIME REPORT MADE MESS. KEY CONTROL NUMBER OCA CONT. AGENCY NCIC (DENT. CAG 8/9/90 1 0 1 5 E C 1 / 9 9 0 1 / M N 0 2 7 1 7 0 0 /DAY: S M T W T F S L NBR DATE REPORTED RPD TIME RPD TRP LOCATION GRID NBR (LGN) / / / / PLACE COMMITTED (PLC) - nm 75 Hi O L NBR HRU SQUAD OR BADGE (SBN) TIME ASIC. (TAS) .1 TIME ARR. (TAR) TIME CLR. (TCL) T[31/D/ E,1 10 5 LNBR ISN UOC UCS ®/©/ LA�R, ISN U C UrC,�S OFFENSE❑ OR INITIAL COMPLAINT❑ Public Nuisance Complaint VICTIM (IF FIRM. NAMF OF FIRM 6 NAME OF PROP.) Kim Marshal Bergman �W/�M08/27/4 IF VICTIM IS9 ISales" A PERSON ERSON REPORTING OFFENSE TO POLICE Same OFFICER ASSIGNED ASSISTED BY R. Carl uist Bla'r Tremere SUPR. APPROVED DETItCJMVE ASSIGNED A2 "3 FINDINGS, DISPOSITION OR LOSS SUSPECT: JRS-Enterprises,•Inc. Address: 5475 Hwy 169 Phone: 559-9457 HRD Codes P Phone R - Radio A •Alarm 1 In Person V Visual M • Mad T • Other Nin .. in A In 0 DATE L TIME OCCURRED 8/8/90 Approximately 1335 Hrs BUSINESS ADDRESS BUSINESS PHONE 13930 60th Av N, Plymouth 55446 557-7030 HOME ADDRESS HOME PHONE SAA 557-7031 Ir IUVENILE BUSINESS ADDRESS HOME ADDRESS GRADE (PARENT'S NA BUSINESS PHONE HOME PHONE SUMMARY: - - The-complainant/victim- is -also the Mayor of the City of Plymouth. -He is reporting an excessive noise complaint as a resident of the City of Plymouth. On August 8, 1990, •Mr. =Bergman -called me -to report •a situation whereby • a noise emanated so loudly -from the JRS Enterprises property, that it damaged his hearing. The noise was coming from an -airplane engine that apparently was being tested on the -aforementioned -property.. -Allegedly, • an -ongoing problem of noise complaints -has been leveled against- this company, - The Director mf Community Development; Blair Tremere, has knowledge of previous contact and correspondence on this subject. On August -9, 1990, Mr. -Bergman submitted a two page•handwritten statement concerning his observations on. -August 8, 1990. - -In •-his statement, -be indicated -that he -first came in contact with the noise -at 1:30 P.M. and the noise continued until- approximately 200 P.M.- Section 2005.01 under the Plymouth City Code describes the general rule -regarding MAKING UNNECESSARY NOISE. It is this general rule that Mr. Bergman would want to pursue. I spoke with -the owner of JRS • Enterprises Inc. -on August 9 • •at 10:30 •A.M. Her name is-Janet•Bjornstad, business phone 559-9457. -She stated that her company is currently -building a test cell into•a hill on the rear of their property. Much of the cell will -be covered -by earth, including the roof portion.- It is anticipated that the test cell will be completed by September 17th. PERSONS ARRESTED -SUSPECTS -WITNESSES 6 ADDITIONAL DETAILED REPORT ON CONTINUA Z AUGTJ 7 •bU PL•YMUU i r7 rvLIUM UCr I . 'UNHLLMLIV I AMT/c.Vn I 1MUA I OWN nCrVn I OFFENSE OR INCIDENT CASE NO. a VICTIM DATE 3 TIME OCCURRED PR"CO. PAG E 2 In - -the - -.meantime, - -she - said - -that - they - -would continue -to - -test • -outside periodically engines that they are working on. This could mean one or two tests a week. Ms.. -Bjornstad.. -stated that.. -her -business - -is located -in - -an.-area - zoned -for heavy -industri-al use - by -the City of Plymouth: - --According -to her,. -a person by -the -name - -of Becky. -from -the -State of • Minnesota •Pollution -.Control -Agency told her -that her noise limits were not out of bounds for the location of her business. Ms: Bjornstad further -went on to• -relate that the test cell -would have been completed by -now -if -it -hadn't -been -for -a holdup by the City -of -Plymouth -on' approving the structure-, -She referred to -a -comment -allegedly -made -by Chuck Dillerud,---Community-Development - Coordinator,- that she should not worry about complaints because it was the City's problem. R.CARLQDIST:kb CSM AUG 17'90 " jCj_/UMBERPlymouth Police Departmentv�9�/ 1 make the following free and voluntary statement to who has identified himself to me as an officer of the Plymouth Police Department. I know I have the right to remain silent. I also know anything I say in this statement can be used in court as evidence against me. 1 know I am entitled to talk to a lawyer and have him present now while I give this statement. I also know that If I cannot afford one, a lawyer will be appointed for me without cost. No promises or threats have been used to induce me to make this statement. These rights have been explained to me by officer and I understand them. It� STATEMENT R7-�uGuSi S, tU u.aR-S P�caD, �G orl c�ctN �2D /O A;7-/6? u� L i t�u6t ti- �S 1 7Abuo n(40 —171F-11 -7-H-E 1047 b"R-Otl�0 e>A DGE P".0 NAS -762 cam, :2-- a2U uE -TO t -I DE--snm iii os� ,J 1 P S0611E pKrt--Oq A ic eef6�- 6F PSrR 50 Payrf rs , j_- PV111OckT+fs C44e ew-rAF—1rtz-bcc, t fN —71C—)W— ori= �ir-Mf t4q-r 2=00 P N -, 3�f 174P -5- m f 74P- mf —S A'-f�-,--O -x:5 ob So Xo2,0 0 C 0W-� 1 hereby certify that 1 read or have had read to me and initialed each page of this statement, consisting of pages; that the statement is true and correct to the best of my knowledge; and that I have received a copy of this page statement. WITN GNATURE I DATE V SIGNATURE: I'M AUG 17'90 WRITM STATEMENT PAGE OF,?-_ DATE TIME � AM NAME First, Middle, Leat) LDATE9FBIRT14 p� f� 0 P M 1 1 5C{[ N ME PHONE MARITAL ❑ SINGLE O DIVORCED ,ASE ' '�� 1 i q.G STATUS JZMARRIED ❑ SEPERATED NESS ADDRESS B11S. PHONE EMPLOYER /j,, 1 make the following free and voluntary statement to who has identified himself to me as an officer of the Plymouth Police Department. I know I have the right to remain silent. I also know anything I say in this statement can be used in court as evidence against me. 1 know I am entitled to talk to a lawyer and have him present now while I give this statement. I also know that If I cannot afford one, a lawyer will be appointed for me without cost. No promises or threats have been used to induce me to make this statement. These rights have been explained to me by officer and I understand them. It� STATEMENT R7-�uGuSi S, tU u.aR-S P�caD, �G orl c�ctN �2D /O A;7-/6? u� L i t�u6t ti- �S 1 7Abuo n(40 —171F-11 -7-H-E 1047 b"R-Otl�0 e>A DGE P".0 NAS -762 cam, :2-- a2U uE -TO t -I DE--snm iii os� ,J 1 P S0611E pKrt--Oq A ic eef6�- 6F PSrR 50 Payrf rs , j_- PV111OckT+fs C44e ew-rAF—1rtz-bcc, t fN —71C—)W— ori= �ir-Mf t4q-r 2=00 P N -, 3�f 174P -5- m f 74P- mf —S A'-f�-,--O -x:5 ob So Xo2,0 0 C 0W-� 1 hereby certify that 1 read or have had read to me and initialed each page of this statement, consisting of pages; that the statement is true and correct to the best of my knowledge; and that I have received a copy of this page statement. WITN GNATURE I DATE V SIGNATURE: I'M AUG 17'90 (,4-1 Plymouth Police Department WRITTEN STATEMENT PAGE 2- OF� . NAME (First. Middle, Lash DATE OF BIRTH DATE TIME ❑ AM ❑ PM rf� ADDRESS HOME PHONE MARITAL ❑SINGLE ❑DIVORCED . STATUS ❑ MARRIED ❑ SEPERATED EMPLOYER BUSINESS ADDRESS BUS. PHONE make the following free and voluntary statement to who has identified himself to me as an officer of the Plymouth Police Department. I know I have the right to remain silent. 1 also know anything I say in this statement can be used in court as evidence against me. I know 1 am entitled to talk to a lawyer and have him present now while I give this statement. I also know that if I cannot afford one, a lawyer will be appointed for me without cost. No promises or threats have been used to induce me to make this statement. These rights have been explained to me by officer and I understand them. INI STATEMENT `i"1 �1S ► �� 5PW-7Ra W�� A 1-2.cf ( — erc c,� -P4 wG�'L7, I �w r�-t- -rte w Qo ws ,(2-b u..�- J L�-p Of <5p ?,n(se� M r��t vim. 17h5 Pte-; -T*s rbc sF SSP B3/ 50N ,5�110f\)C- S Al CW AUG 17'90 ) hereby certify that I read or have had read to me and initialed each page of this statement, consisting of pages; that the statement Is true and correct to the best of my knowledge; and that I have received a copy of this page statement. TURE DATE SIGNATURE: El AI 8/12/90 Mr. & Mrs. David R. Anderson 1555 Juneau Lane North Plymouth, M 55447 Dear Mr.*& Mrs. Anderson: Thank you for your letter regarding your concern for Parkers Lake. Your letter has been circulated to the appropriate people at the city, and to city council members. I do not know of any effort by the city to alter the level of Parkers Lake, it was set by the DNR and can only be changed by them. The city council has made no decision to do any dredging, and would not do so without lengthy public hearings. The city council is reviewing restrictions on watercraft in Plymouth, and I hope in the near future your concerns for Jet Skis will be answered. Sincerely yours, Kim M. Bergman/Mayor CIM AUG 17 '90 —L.;T r"14t. Mr. & Mrs. David R. Anderson 1555 Juneau Lane North :— Plymouth, MN 55447 July 27, 1990 Mayor Kim Bergman City Council Members City of Plymouth✓j �`�� 3400 Plymouth Boulevard Y � Plymouth, MN 55441 '. �•' -' As a follow-up to a phone conversation with Councilman Bob Zitur, we are addressing you by letter to establish some of oir feelings about Parker's Lake. As the closest land owners to Parker's Lake Park beach area, we would like to make these observations: 1) Lake water levels - the average, normal level does the following: a) The shoreline angles to within two to fifteen feet of the beach wall. b) The water level is within two feet of the path at the boat ramp. c) The newly planted trees south of the ramp are in the water. d) The original location of the volleyball court is now under two feet of water. e) The new inlet pipe at the old sewage settling basin is under two feet of water at lakeside. We made these observations on July 26, 1990. At this timing, the lake was finally at the normal and average pre -drought':. level. We have lived with a drought sent by God and the subsequent low lake levels for three years, it is very exciting to have it given back to us as normal. The point of all this is that as land owners on the lake since 1984, we feel that the city was lead astray by the consultants for the building of the park. As far as we know, not one resident was consulted regarding normal lake level. We have said to Plymouth employees all along, that the normal lake level would ruin many of their plans;. We and you are taxpayers. Grants paid for a lot of the park, but we all might share in the expense to correct these problems. The bottom line is our concern that the city will attempt to interfere with nature and lower the lake. This would have serious effects on residents, the public, wild life, fish, spawning areas, and weed growth. We have discussed this with the DNR Water Division. They have advised us of their position and procedures, and.have given us some background of the water control level of Parker's Lake. CIM AUG* 17 'o l July 27, 1990 Page 2 2) In conjunction with the above, we have two other points to make regarding the lake. One is=that we are not in favor of the entire Northeast bay being dredged as a neighbor has requested. The drought did create a dry bay, but this again was a natural occurence. At normal lake levels, the bay is'a spawning area for bass and sunfish, and a sanctuary for wildlife. The Park Board did some dredging at the culvert which has left a.sand bar out from the culvert which prevents normal water flow into the bay at lower lake levels. This bar should be dug out to return that area to normal. The last point we wish to make is to ask you to work towards the elimination of jet ski's on Parker's Lake. They are dangerous, annoying, and all too often irresponsible toward wildlife and property. We don't appreciate having our lives continually interrupted by them. We appreciate your attention to our concerns, and will await a reply. Thank you. ncerely Dtcque R. Anderson JlineM. Anderson CIM AUG 17 ,.L` I" -.-r 8/12/90 Isaac Erickson 5450 Ximines Ln. N. Plymouth, M[J Dear Isaac: Thank you for your letter of July 22nd. A copy of your letter has gone to the appropriate people at the city and to the city council. Maria Vasiliou, a city council person, has suggested that the city park and recreation dept. organize citizen volunteers to pick up litter at our parks and along our trail system. Groups such as Camp Fire, Boy/Girl Scouts, and committed citizens such as yourself would be organized to help the city keep our park system free of litter. This "citizen involvement" should cut down on the amount of litter generated in our parks. Please stay informed on our progress on this matter by reading the city's Plymouth News, mailed to your home bi-monthly. Sincerely yours, Kim M. Bergman/Mayor Ali 17 SCA ,9,' jq cim AUG 17'9U (Of 8/112/90 Josh Charles 1812 E. Medicine Lake Blvd. Plymouth, MN 55441 Dear Josh: Thank you for your letter regarding saving the trees on 18th Ave. The city council is very concerned with saving and planting trees. Plymouth has a full time forester and a large budget for planting, and mainting trees. We have to our best ability realinged the trail along Medicine Lake and have tried to minimize the impact of any road construction. As a member of "Kids for Saving Earth", I will promote the saving of trees. If your property was affected by this construction, the policy of the city is to notify you by mail so that you could attend the public hearings that are required before project approval. I would be very surprised, and dis- appointed if you were not. Thanks again for your letter, I will make sure it is circulated to the appropriate city staff and city council. Sincerely yours, Kim M. Bergman/Mayor Cut! AUG 17 '90 July 12, 1990 Dear Mr. Mayor, I'm writing to you today with concern on Eighteenth Ave by Medicine Lake in Plymouth. For many years this road has been eighteen feet wide, And everyone has been happy with it. But now the council has proposed that we widen this road in Plymouth to thirty three feet wide. My main concern is the fact that you have to remove four trees that are currently marked. The reasons that I understand you wish to put parking on eighteenth Ave also is so the East Beach will have enough parking. I have also been keeping an eye on that problem, What I have seen is that the East Beach of Medicine Lake has never fully filled this parking lot, And do not need any more parking. Another reason, you and your council have come with is the fact of emergency vehicle to move about freely.. I have observed semi's take this road because they got lost looking for Ryerson Steel and have had no previous problems. Right now if you bring a Semi down this road and he can not make it he can cut into the grass. But if there is parking on this street what happens with that Semi now he can not go into the grass, Why? because you and your Council have put parking there so instead of going into the grass it hits a car. The same with emergency vehicle's. But, yet my main concern is the four trees that you will have to be removed to build the road wider. My father was never notified about this. We have lived here for Seventeen years and we would lose a portion of our property. But, yet we were never notified. At the last meeting you promised to notify every one this would concern, but only one person was notified in the area your proposed'to change. As you should know earlier this year there was a day called Earth Day which many people across the world took part in. At North Junior High School we studied the Earth for the last month of the school year, My topic was Deforestration not only in Brazil but in the U.S and even Minnesota and even closer to home Plymouth! Trees are a very big part in saving the Ozon! And if you cut just these four trees down you are contributing to the millions of trees cut down a day. You are not helping the Ozon. I know your saying four trees they won't make a difference but your wrong it does it really does. And -I Know that the rest of the people involved in the property do not want these trees cut down in their yard. Thanks for taking your valuable time to read this letter and I hope you consider what I have said. Really think about it. Josh Charles Age 13 1812 East Medicine Lake Blvd. Plymoth, Mn 55441 C"V1 AUG 17'96 8/12/90 Donald E. Butler 12805 55th Ave. N. Plymouth, MIS 55442 Dear Don: Thank you for your letter regarding access to Bass Lake Playfield. Your letter has been circulated to the appropriate staff, and city council. I will ask that we advise your neighborhood of construction plans as the project proceeds. Your concerns regarding access to this park is duly noted. Sincerely yours, Kim M. Bergman/Mayor =- �Gh% July 15, 1990 Kim M. Bergman, Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Mr. Bergman: The City Council has recently taken action on the Pineview Lane playfield which has been planned for the past several years. The plan as it was proposed and published on the sign located on the property,indicated access from Pineview and County Road 61, or Northwest Blvd. It is my understanding that Northwest Blvd. has been delayed and access to the park may be some type of temporary road. My concern, and the concern of others who live in the immediate area, is that 55th Avenue N. will become the prime access to the park. This street is designed for residential access and not as a major thoroughfare, which is what is needed for park access. In my opinion, if the park goes in, then the County road should also be put in, not some temporary access which will become a permanent and significant traffic problem. Your attention to this issue would be appreciated. Very truly yours, DONALD E. BUTLER 12805 55th Avenue N. Plymouth, MN. 55442 DEB./hw cc: Blair Tremere, Community Development Director GIM AUG 17'90 August 14, 1990 SUBJECT: RUBBISH DISPOSAL DURING CONSTRUCTION Dear Developer/Builder: ,or \G .j , Because of concerns about rubbish refuse, debris, and the like, at and around construction sites, the City Council has adopted a new ordinance which will affect you. Beginning August 23, all contractors must provide containers or suitable enclosures to properly contain and dispose of rubbish, refuse, and debris at construction sites. A copy of the ordinance is enclosed. Plymouth Building Inspectors and Community Service Officers will verify that each site has an appropriate container or enclosure and is free of scattered debris. If a site is a problem, Community Service Officers will tag violators. If you have any questions on the new ordinance, call Building Official Joe Ryan at 550-5031, or the Support Services Sunervisor. Steve Correll at 550-5165. We appreciate your help in keeping construction sites and the surrounding areas free of construction rubbish, refuse, and debris. Sincerely, Joe Ryan Building Official JR:kec attachment cc: Blair Tremere, Director of Planning & Community Development Steve Correll, Support Services Supervisor Community Service Officers Building Inspectors Helen LaFave, Communications Coordinator CIM AUG 17'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF PLYMOUTH ORDINANCE NO. 90- �& AN ORDINANCE PERTAINING TO HEALTH AND WELFARE AND ADDING A NEW SUBSECTION TO PLYMOUTH CITY CODE SECTION 600. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. The Plymouth City Code, Section 600 is amended by adding a new subsection to read: • • ' • • �S ����•�mm" ?VP �f•1 $pose of all construction related eri •nai-ari at and rubbish in order to prevent littering of•the construction sate o adjagent areas Section 2. This ordinance shall become effective upon publication in accordance with Plymouth City Code, Subsection 110.11. tA Adopted by the City Council this day of 19 9D. ATTEST: R City Clerk ;f• Q& 4W y . r Amhurst Homeowners Association P.O. Box 47154 Plymouth, MN 55447 August 13, 1990 Jim Willis, City Manager. City of Plymouth 3400 Plymouth Blvd. '`111,7\ Plymouth, MN 55447 �. Dear Mr. Willis. - Our Association has sane concerns regarding the dirt pile on the corner of 46th Avenue and Quantico Lane, and the walking path that runs behind our townhouses. For several years, the vacant lot.on 46th Avenue and Quantico Lane has been Hans Hagen's dumping ground every time a new foundation was started. Although this lot has been unattractive for years, its unattractiveness reached a new high this summer. The mountain of dirt became so high that I no longer have a view frau my home at 4536 Quantico Lane. When I moved in 2 years ago, I could see the homes across 46th Avenue. I lost my view of those homes this year. Now I get to look at dirt, bales of straw and the weeds that have grown up around the straw bales. In April, I mentioned our concerns to Maria Vasiliou, who contacted Hans Hagen. On May 3, I received a call from Hans Hagen, who felt that it would be acceptable to leave the dirt on the lot and "reshape" it. He offered to submit a plan for his "reshaping" within 10 days. It sounded to me like he felt it would be necessary to obtain our approval of his plan. To date, we have heard nothing from him. A few weeks ago, the dirt pile was indeed "reshaped." Because no dirt was removed, the effect of this eyesore hasn't changed. Personally, I don't think smooth dirt is any more attractive than rough dirt. And when it rains, the water runs down the dirt pile toward our property. I would also consider this lot an attractive nuisance. Children have played there, throwing clumps of dirt and each other down on our property. Luckily, no one has been impaled on one of the stakes that are sticking out of the straw bales. If a child does get hurt falling onto our property, we will not be liable for any injury or death caused by playing on this dirt pile. It is likely that this nuisance will be even more attractive when the snow flies, especially now that Hans Hagen has made it smooth. Children will undoubtedly use it for sledding. The stakes sticking out of the straw will probably be covered with snow. A. child on a sled could very easily CIM AX 17 . • Jim Willis, City Manager August 13, 1990 Page 2 slide all the way down to my driveway. I certainly don't want to run over one of them. There have also been many times when the weeds on this lot were so high that there was no visibility for a driver exiting Quantico Lane onto 46th Avenue. In addition to these matters, we heard a rumor that Hans Hagen plans to deed this lot to the Association. We do not want it. It is our under- standing that this was not in the original development plan approved on May 19, 1980. According to Article XI, Section 4 of our Declaration of Covenants, Conditions, Restrictions and Easements, we are under no obligation to accept the lot. To my knowledge, acceptance of a deed is an integral part of any transfer of title. In order to resolve these issues, we need additional information. We would like you to answer the fol l otvi rig questions: 1. What does the development contract call for? 2. Who is the current owner of the lot? 3. Who is in charge of maintaining this property? The plat shows the lot as an extension of the Turtle Lake marsh area, which would lead to the assumption that the City should maintain the entire undeveloped parcel; 4. If the City is responsible for maintaining the land, will the City mow it just like the park property on the east side of Turtle Lake? 5. Once the above questions have been answered, can the City force the developer to remove the dirt and make this eyesore compatible with the surrounding area? 6. After the dirt has been removed, will Hans Hagen or the City be responsible for sodding the area? In my telephone call with him of May 3, he referred to a "landscaping" plan; and 7. Will Hans Hagen take care of removing all evidence of straw and stakes and restore any damaged sod surrounding this lot? We also have some concerns about the walking path that is evidently a part of the development plan. The path itself is 8-10 feet wide. When 1,, z kckj... Jim Willis, City Manager August 13, 1990 Page 3 the path was started this spring, an area much wider than 10 feet was cut, destroying our sod. In one area behind Orchid Circle, they made an obvious mistake and took at least 400 square feet of our sod which wasn't even a part of the path. This area has now become overgrown with weeds. There is a large strip of weeds running along almost the entire length of the path. These weeds are unsightly and have replaced what used to be attractive sod on our property. We expect Hans Hagen to cut down the weeds and replace the damaged property with sod. We should not be responsible for paying our contractor to remove weeds because of the actions of the developer. Some questions have also arisen regarding the boundary lines of the path and whether or not it infringes on our property. We would like written certification from a surveyor that the path is not on any of our property. We feel that the problems we are experiencing could have been avoided if the City had required the developer to finish off these improvements at the beginning of the development instead of 10 years later. We appreciate any help you can give us in resolving these matters. If you have any comments or questions, you may call me at 553-1361 or 473-9500. Very truly yours, Barbara L. Solyst, Treasurer Amhurst Homeowners Association copy: Maria Vasiliou Hans Hagen CINE AUG 17 :.j August 16, 1990 Ms. Barbara L. Solyst, Treasurer Amhurst Homeowner Association P.O. Box 47154 Plymouth, MN 55447 Dear Ms. Solyst: Thank you for your letter of August 13 expressing your concerns with respect to a pile of dirt on the corner of 46th Avenue and Quantico Lane. My staff is familiar with this situation. They have had correspondence with Mr. Hagen with respect to this matter. It is my understanding that Mr. Hagen has recently taken a position with the staff that he has no intention of removing the pile of dirt. I have requested the City's Community Development Director, Blair Tremere, to review the development files on this development to determine whether or not there is any basis, for permitting the dirt to remain. This will involve a review of several files, including grading plans which have been submitted over time to the City by Mr. Hagen as his development of Amhurst has progressed. In a similar fashion I have asked Mr. Tremere to look into the other matters which you have addressed in your letter. As soon as these matters have been researched we will be in contact with you. Yours truly, C es G. Willis CitManager kec cc: Mayor & City Council CIM AUG 17'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000