HomeMy WebLinkAboutCouncil Information Memorandum 08-24-1990CIN OF
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CITY COUNCIL INFORMATIONAL- MEMORANDUM
August 24, 1990
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UPCOMING MEETINGS AND EVENTS....
1. NEXT COUNCIL MEETING -- Monday, -September 10, 7:00 P.M.
Regular City Council meeting.
2. PLANNING COMMISSION -- Monday, August 27, 7:00 P.M. This
meeting is a continuation of the August 22 Planning
Commission meeting.
3. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday morning, August
29, 7:30 A.M. The Plymouth Development Council will meet
in the City Council conference room. Agenda attached.
(M-3)
4. FINANCIAL TASK FORCE -- Wednesday, August 29, 4:00 P.M.
The Financial Task Force will meet in the City Council
conference room. Agenda attached. (M-4)
5. WETLANDS TASK FORCE -- Thursday morning, August 30, 7:30
A.M. The Wetlands Task Force will meet in the City
Council conference room. The agenda for the meeting will
be available Monday, August 27.
6. HRA -- Thursday, August 30, 6:30 P.M. The Housing and
Redevelopment Authority will meet in the City Council
Chambers. Agenda attached. (M-6)
i
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 24, 1990
Page 2
7. ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) SPECIAL
MEMBERSHIP MEETING -- The AMM has scheduled a special
membership meeting for Thursday, September 6 at the
Minneapolis Convention Center. Attached is a copy of the
meeting notice and agenda.
The primary purpose of the meeting is to consider an
expansion of the AMM program as recommended by their
Mission Task Force. If the Mission Task Force report is
adopted, and the amendment to the AMM Bylaws with respect
to dues - dues for the City of Plymouth, along with all
other member cities, would be increased a maximum of 19
percent above those for 1990. In Plymouth's case, this
would mean dues increases from $5,322 to $6,333 in 1991.
I believe that it is important for the City Council's
position to be expressed at this meeting. Mayor Bergman
and Councilmember Vasiliou are designated representatives
to the AMM, although all members of the Council are
invited to attend the meeting. Please let Laurie
Rauenhorst know of your interest in attending this
meeting by Tuesday, August 28 in order that we can make
reservations. (M-7)
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. MAPLE GROVE LIBRARY MEETING -- Tuesday, September 4, 7:30
P.M. Attached is a notice from the Maple Grove Community
Library on a meeting with Lorraine Gresser, District 6
delegate to the Governor's.Conference on Library and
Information Services, on the topic of free public
libraries. (M-9)
10. 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-10)
FOR YOUR INFORMATION.....
1. QUAIL RIDGE UPDATE -- I talked with Dean Johnson Friday
morning regarding the status of his completing work in
the Quail Ridge Addition. Dean reported the following:
The concrete curb and gutter contractor has been
retained and expects to move into the site either
today (Friday), or more likely on Monday, to begin
removal of the concrete curb and gutter sections which
need to be replaced. It is expected that five to six
working days will be required to complete this phase
of the work.
CITY COUNCIL INFORMATIONAL MRMORANDUM
c August 24, 1990
Page 3
Commencing on Tuesday, September 4, the paving
contractor is expected to come in and undertake the
necessary street corrections, including repairs and
laying of the final layer of blacktop. This work is
expected to be completed by Saturday, September S.
An excavating contractor, Miller Brothers, is
scheduled to begin moving the dirt from a common open
area and have it totally removed by September 9. They
will also do the necessary grading in the common open
area which is required to meet the new grading plan
which has been reviewed by Fred Moore.
The final grading plan will be approved by Fred Moore
on Monday, August 27. Fred and the developer's
engineers have been out on the site and have agreed to
certain modifications in the revised grading plan
which was submitted to the City earlier this week.
The grading is to be completed by September 9.
The developer's landscaper is to apply a weed killer
to the common open area to kill the weed vegetation
and have the area reseeded by September 21.
I told Dean I would be in touch with him weekly to see
how progress was being made on this schedule and that the
results would be reported to the Council, as well as
representative of the neighborhood. I have shared this
information with Kris Quinn (557-0224) who is one of the
neighborhood spokespersons. Attached for the Council's
information is a copy of Fred Moore's August 20 memo to
me dealing with this topic which reiterates the points
which I raised at the Council meeting last week.
Finally, I am also enclosing a memo from Chuck Dillerud
responding to some comments regarding the play area in
the common open space. (I-1)
2. KING'S NORTH ADDITION - STATUS REPORT -- The City
Attorney -is trying to establish a meeting with the
developer and builders of the King's North Addition in
order that we might further discuss and explore ways in
which the drainage problems can be appropriately
addressed. Attached is a copy of the Attorney's letter.
As soon as a meeting date has been confirmed, and the
meeting held, I will be able to brief the Council on our
progress in trying to resolve the existing complaints. I
have shared this information with Kathy Loehr (553-7996)
who is one of the neighborhood spokespersons. (I-2)
3. GAUGHAN COMPANY - FIRE ALARM AUDIBILITY APPEAL -- Fire
Chief Lyle Robinson has informed us that the Gaughan
Company has requested the State Fire Marshal to hear
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 24, 1990
Page 4
their appeal as the City's requirement that they install
improved alarms at their apartment project. The Fire
Chief reports that the State Fire Marshal's office is not
convinced that it is appropriate for them to review
matters dealing with local safety problems after they
have been locally evaluated. Accordingly, the State Fire
Marshal's office is requesting an opinion from the
Attorney General with respect to whether or not they
should hear such appeals. The Fire Chief does not
believe this matter will be resolved prior to
September 1, and believes that the City should take legal
action to compel compliance with the order. This matter
has been referred to the City Attorney for his review and
advice.
4. 1990 POST CENSUS LOCAL REVIEW COUNCIL -- The Bureau of
Census has provided us with their preliminary 1990 census
counts for Plymouth. Based upon their preliminary data,
Plymouth on April 1, 1990 had a population of 50,579, a
total of 19,477 housing units, of which 1,216 were
vacant. These data are preliminary and are subject to
revision based upon data the City may present to the
Census Bureau within 15 days or through additional
processing activities of the Bureau of Census itself.
Attached for your information are copies of data we
received from the Bureau of Census which further explain
the preliminary data. If the population data are
correct, it would suggest that the population projections
the Metropolitan Council and the City have been using
were optimistic. The "official" 1990 planning estimates
of our population by the Metropolitan Council in 1982
were 49,000. Their 1989 population estimate for us was
51,370. (I-4)
5. REGULATION OF BUILDERS/DEVELOPERS -- The enclosed letter
from City Attorney James Thomson was discussed at last
Monday's Council meeting. We will be sharing this letter
with members of the Developers Council at their meeting
of Wednesday, August 29. (I-5)
6. JET SKI ORDINANCES -- In response to Council direction,
we requested a copy of the draft jet ski ordinance being
considered by the City of Maple Grove. We were informed
that Maple Grove is in the preliminary stages of
considering regulations for jet skis. No ordinance has
yet been drafted. They will be looking to the DNR for
assistance in developing an ordinance. Park Director
Eric Blank previously reported that the City of Long Lake
is also considering regulation of jet skis, but has not
yet drafted an ordinance.
7. PLYMOUTH FORUM FOLLOW UP - ANTHONY DEMATTHEW CONCERN --
Mr. Anthony DeMatthew, 11440 - 41st Avenue North,
appeared before the City Council at the last Plymouth
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 24, 1990 'k
Page 5
Forum. He indicated that he had submitted information to
the Planning and Engineering Departments regarding a
concern about work in progress by his neighbor, Richard
Metro, 11430 - 41st Avenue North. Mr. DeMatthew and Mr.
Metro share a sewer and water and drainage easement
between their homes, which are also on a cul-de-sac lot.
Their driveways, constructed a number of years ago, have
come closer than three feet to the side property line,
which is allowed by the Zoning Ordinance for such lots.
Mr. DeMatthew has recently rebuilt his driveway and
repaved it, and Mr. Metro has constructed an -unpaved, pea
gravel -base parking stall in front of his garage at the
side of the driveway. Mr. DeMatthew's concern is that
Mr. Metro's additional parking stall is built up from the
established grade, comes closer than three feet to the
lot line, and thus might present an encroachment and a
drainage problem onto his property.
The sites have been inspected and the Engineering and
Planning Departments have found that the improvements are
within the standards of the Zoning Ordinance and do not
adversely impact the drainage through the established
easement.
Correspondence will be directed to both parties and Mr.
Metro will be advised that the parking stall should be
reinforced so that the materials do not erode and
eventually encroach onto the neighboring property.
8. HENNEPIN COUNTY BUDGET HEARING DATES -- Attached is a
copy of the notification from Hennepin County on public
hearing dates set by the Board of Commissioners and for
the school districts within the City. Also attached is a
letter from Laurie Rauenhorst advising the County of the
City's budget public hearing dates. (I-8)
9. TELEPHONE SWITCH AND VOICE MAIL SYSTEM -- Last year the
City acquired a Fujitsu Focus 960 telephone switch and
Cindi III Voice Mail system. Since installation of the
system, we have had good experience with its operation
and the servicing supplied by Fujitsu.
Our purchase of the Fujitsu/Cindi III system was
conditioned on a commitment made by Fujitsu and Genesis,
the maker of Cindi III, that two features would be
supplied no later than June 30, 1990. Those features
were "Dial 0 Attendant," and "Announce Only Mailbox."
Over the last three months we have been inquiring about
the status of this commitment. It now appears that
Genesis representatives no longer intend to fulfill the
commitment to supply these two features.
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 24, 1990
Page 6
In hopes of motivating Fujitsu and Genesis to fulfill
their commitments to the City, we have sent the attached
letter, requiring that they notify us in writing by
September 15 of how they will provide these features to
the City of Plymouth by December 31, 1990. If they fail
to do so, the letter indicates that legal action will be
initiated. (I-9)
10. MINUTES:
a. Plymouth Safety Committee, August 22, 1990. (I -10a)
b. Municipal Legislative Commission, Board of Directors
meeting, and Operating Committee meeting of July 26,
1990. (I -10b)
11. 45TH/46TH AVENUE TRAIL UPDATE -- The attached trail
update was mailed to residents this week. (I-11)
12. FOLLOW UP TO VANDALISM COMPLAINT -- A follow up report
from Steve Correll is attached on a vandalism complaint
made by Mr. Gerald Wilson. Also attached is a letter of
appreciation to the Mayor from Mr. Wilson. (I-12)
13. WASTE TRANSFER STATION -- The status report on Hennepin
County's application for a Waste Transfer Station is
attached. (I-13)
14. SENIOR COMMUNITY SERVICES --The annual report for the
Senior Community Services is on file for the Council's
review in my office. Attached is the cover letter
accompanying the report. (I-14)
15. NEW EMPLOYEE -- John Keho has been appointed to the
position of Associate Planner. He will begin work on
September 4, 1990. Mr. Keho was a Planner for the City
of Carrollton, Texas from 1985 until he accepted
employment with the City of Plymouth. Prior to his work
in Carrollton he was a Research Assistant for the Texas
Historical Commission.
16. "CHOICE DIFFERENCES"-- The attached article on education
choice differences is taken from the Wall Street Journal.
(I-16)
17. BZ CORRESPONDENCE -- I have received the following
correspondence on City employees:
a. Letter from Nancy Weidler, YMCA Camp Menogyn, to Dick
Carlquist, commending Dave Digatono. (I-17)
CITY COUNCIL INFORMATIONAL
August 24, 1990
Page 7
18. CORRESPONDENCE:
MM40RANDUM ' {
a. Letter to Edward Hance, BWBR attorney, from Jim
Thomson, conveying the City's suspension fee payment
for the Community Center project. (I -18a)
b. Letter to Todd Rapp, attorney representing Robert
McGraw, from Jim Thomson, suggesting a meeting date
the week of August 28. (I -18b)
c. Letter to Bob Zitur from Kay Mitchell, Hennepin County
Commissioner's office, on his interest in
reappointment to the Community Action for Suburban
Hennepin Board. (I -18c)
d. Letter to Mr. Ray Perry, 11335 - 57th Avenue North,
from Frank Boyles, on the City's designation process
for declaring a natural preserve area. (I -18d)
e. Letters to Hennepin County Chair Sam Sivanich, and
Robert Rohlf, Director, Hennepin County Library, from
City Manager, conveying the City's resolution on sites
for the proposed Plymouth Community Library. Also
attached are letters sent to Plymouth state
legislative representatives. (I -18e)
f. Letter to Randy Begin, from Joe Ryan, regarding the
illegal depositing of fill material at 5525 Xenium
Lane. (I -18f)
g. Letter to Len Busch, from Blair Tremere, on a meeting
held with Peter Pflaum and Bill Pritchard to discuss
concerns regarding the screening of light from the
Busch greenhouses. (I -18g)
h. Letter from Tony Eiden, Eiden Construction, to City
Manager, on his discussions with subcontractors and
developing contractor working at the Hawthorne Place
project to not begin work before 7 a.m. Also attached
is Joe Ryan's letter to Mr. Eiden advising him of our
concerns regarding this matter. A third letter is
also included from Blair Tremere to Mr. Eiden on
discussions held with adjoining property owners to the
development concerning the proposed design of a
retaining wall. (I -18h)
i. Letter to Allied Blacktop Company, from Bob Pemberton,
on required safety procedures to be followed when
performing a sealcoating project under a City
contract. (I -18i)
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 24, 1990
Page 8
j. Letter from Mrs. Jan Witkowski, 12350 - 46th Avenue
North, to Frank Boyles, relaying concerns with
Plymouth Metrolink. Frank's response to Ms. Witkowski
is also attached. (I -18j)
k. Letter to William Mamel, President, Chelsea Woods
Homeowners Association, from Frank Boyles, on the
marking of diseased elms in the Chelsea common
property area. (I -18k))
1. Letter from Marcia Taubr, Grants Manager, MN
Department of Trade & Economic Development, to Eric
Blank, on the completion of project closeout
requirements for Parkers Lake Park. (I-181)
James G. Willis
City Manager
µ• 3
DATE:
TO:
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
August 7, 1990
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, Aucrust 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 AUG 24
Joe Ryan, Building Official
Dick Carlquist, Director of Public Safety
Frank Boyles, Assistant City Manager
S.F. 8/28/90 CIM AUG 17'90
A
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:
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
Mayor
M-15
cm AUG 24 �J
am AUG 17'90
M
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.
ClM AUG 2 4 J
CIM AUG 17'90
M •
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. to 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
cim AUG 17 '90
CORRINE A. HEINE
Attorney at Law
Direct Dial (612) 337-9217
July 16, 1990
Blair Tremere
City of Plymouth
3400 Ply�iouth Blvd.
Plymouth, MN 55447
HOLMES & GRAVEN
CM ARTFA D
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 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 minimize future disputes and complaints.
you may wish to •consider one or more of the following alterna-
tives:
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
CAM AUG t '90 CIM JUL 20-00
CINI AUG 17 "90
)A, 3 1
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:J'i Thomson
l� lm Willis
CIM AUG 17'90
CIMJUL 2 0 '�
CIM AUG 2 � 1 U ''0
M _aA
FINANCIAL TASK FORCE AGENDA
August, 29, 1990
4:00 - 7:00 P.M.
4:00 p.m. Dick Carlquist 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 COMIATJNITY
DEVELOPMENT
DEPARTMENT - Planning,
HRA, Building Inspection,
and Comprehensive Plan
7:00 p.m. ADJOURN
s CIM AUG 2 4 �
i .J
AGENDA
PLYMOUTH HOUSING AND REDEVELOPMENT_AUTHORITY
SPECIAL MEETING
August 30, 1990, at 6:30 p.m.
I. Roll Call
II. Approval of Minutes for July 19, 1990, Meeting
III. Preliminary Financial Data Requested from Ehlers and Associates on
Senior Housing Development Costs
IV. Annual Contributions Contract Extension for Existing Section 8
Certificate Program and Information on Portability of Section 8
Certificates Required by HUD
V. Information Items
A. Update on Housing Rehabilitation Grant Program
B. Update on Scattered Site Housing Program
C. General Information Items
VI. Other Business
VII. Adjournment
; c�� AOL
YA'_�
association of A U L -.- L E TIN'
metropolitan
municipalities
August 21, 1990
SPECIAL AMM MEMBERSHIP MEETING
WHEN: THURSDAY, SEPTEMBER 6, 1990
WHERE: MINNEAPOLIS CONVENTION CENTER
1301 South Second Avenue
Room 212
Minneapolis, Minnesota
PURPOSE: TO CONSIDER BY-LAWS AMENDMENT AND DUES INCREASE
TIME: 7:30 P.M. - CALL TO ORDER
MEETING AGENDA
1. Call to order.
2. Welcome to Minneapolis Convention Center.
3. Brief Synopsis of Mission Task Force Report - Kevin Frazell,
Chair.
4. Presidents Comments - Larry Bakken.
5. Consider Amendment to AMM By -Laws Article III, Purpose
(Attached).
6. Consider Dues Increase Approval Resolution (Attached).
7. Other Business.,
S. Adjournment.
SPECIAL NOTES:
A. This is an extremely important meeting and each city should have
at least one person present to cast its vote.
B. Tours of this beautiful new facility will be provided starting
at 6:45 P.M. Tours will start inside the main lobby.
C. This notice has been mailed to Mayors, Managers/Administrators
and Delegates individually.
SEE DIRECTIONS, MAP AND PARKING INFORMATION ATTACHED
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DIRECTIONS TO THE MINNEAPOLIS CONVENTION CENTER
-- 94 from the East (St.Paul)
Tale the 11th Street exit: Follow 11th Street un-.il ycu reach
2nd Avenue, turn left onto 2nd Avenue and follow 2nd Avenue
directly to the Convention Center.,
-- 94 from the Vest and Northwest
Use the nth Street exit: follow 4th Street to 2nd Avenue,
turn right onto 2nd Avenue and follow 2rjd Avenue directly- to
the Convention Center.
-- 35K from the South (Bloomington)
Take Downtown exits to the 11th Street exit: Follow 11th
- --. Street to 2nd Avenue, turn left onto 2nd Avenue and continue
.to the Convention Center.
--
35W from the ?north
Take 35ti to the Washington exit: Tale a right or. Washingstcn.
follow Washington to 2nd Aver.ue, turn left or.to 2nd AvelIX1E.
Follow 2nd Avenue directly to the Convention Center.
-- Hichwat- t12 from the West
Take Downtown exit (12th Street): Follow to 2nd Avenue and
turn right, follow 2nd Avenue directly to the Conventic•n
Center.
PUBLIC ENTRANCE
The current PUBLIC ENTRANCE is located on Grant Street between
1st and '2nd• Avenues, next to Wesley Church.
PARKING
I suggest either the Plaza Municipal Ramp directly in fro:;: of
the Convention Center (the underground ramp) or the Orctiestr&
Hall Ramp. There is a S3.50 charge for parking.
CIM AUG 2 O- j
-2b-
M- -7
RESOLUTION TO APPROVE 1991 DUES RATE
BE IT RESOLVED THAT THE AMM BOARD OF DIRECTORS SHALL BE
AUTHORIZED TO LEVY A 1991 DUES AMOUNT UP TO A MAXIMUM OF 119% OF A
CITY'S 1990 DUES AMOUNT. THIS INCREASE SHALL BE USED TO HIRE AN
ADDITIONAL STAFF PERSON TO ASSIST IN ACHIEVING THE EXPANDED PURPOSE
OF THE AMM AS CONTAINED IN ARTICLE III OF THE AMM BY-LAWS AND AS
RECOMMENDED IN THE MISSION AND MEMBERSHIP SERVICES TASK FORCE
REPORT.
A copy of this report was mailed to each member city June 4, 1990.
NOTE: A dues increase which exceeds the cost of living as measured
by the CPI for the preceding calendar year must be approved
by member municipalities pursuant to Article V, Section 4 of
the AMM By -Laws.
(See brief job description below)
Job Title: Communications and Research Director
NATURE OF WORK
This is a position with responsibilities for performing public
information tasks, Association program arrangements and a variety of
research assignments.
The work involves personal contacts with municipal officials, state
officials and the general public in the operation of the Association's
programs and activities.
MAJOR AREAS OF EMPHASIS
a. Communicate with member cities and officials.
b. Direct and maintain the Legislative contact System.
c. Establish a public relations process including media contacts.
d. Assist staffing AMM committees.
e. Monitor Metropolitan Agencies activities.
f. Research issues as required.
A. Communicate with member cities and officials.
Manage and direct the preparation, editing, publication and
distribution of the periodic newsletter.
Assist preparation and distribution of bulletins and other
membership written communication.
B. Direct and maintain the Legislative Contact System.
Assist the Executive Director and Director of Legislative Affairs
in developing, organizing, promoting, and administering a
comprehensive program of coordinated lobbying activities for
member city officials.
-3-
GM AUG 2 4 690
Assist administrative staff functions for the Legislative
Coordinating Committee (LCC).
Coordinate meeting(s) with metropolitan legislators and local
officials to discuss AMM priority issues.
C. Establish a public relations process including media contacts.
Develop/write and issue news/press releases on significant AMM
events such as membership meetings, outreach breakfasts, legislator
meetings, election of officers, key appointments, etc.
Develop distribution system for issue oriented news releases and
assist preparation/writing releases tailored for specific types
of media.
D. Assist staffing AMM Committees.
E. Monitor Metropolitan Agency activities.
Monitor the agendas and attend meetings as directed on a routine
basis and report agency activities of interest to other AMM staff.
Assist in developing a more proactive stance for setting the
Metropolitan agenda.
F. Research issues as required.
Research specific issues as needed and prepare in depth reports
that can be used in lobbying by staff and contact persons.
Examples could include comparisons of city expenditures for various
services on a per capita basis.
DESIRABLE QUALIFICATIONS
Training and Experience
A combination substantially equivalent to a BS degree in political
science or journalism with accumulated experience in journalism,
public relations and government research.
-4-
CIM AUG 24'90
ARTICLE III
The purposes of the Association of Metropolitan Municipalities shall
be to:
1. Serve as the primary representative of the collective interests
of all metropolitan cities on metropolitan wide issues and state
wide issues with unique metropolitan significance.
2. Promote collaborative problem solving efforts between and among
cities, the State, the Legislature, private interests and other
public interests.
3. Effectively express in a unified voice, policies concerning the
structure, powers and other matters relating to municipal
government for the municipalities in the metropolitan area -to
the Legislature, Metropolitan Council and agencies, LMC, media a
4. Serve as a forum through which all municipalities or groups of
municipalities may develop and propose policies and positions on
matters of concern to the metropolitan municipalities and develop
strategies for advocating those policies and positions.
5. Serve as a forum for the interchange of ideas and information
among municipalities in the metropolitan area and to foster
intermunicipal cooperation.
6. Assist member cities to resolve disputes with other cities and
agencies.
7. Develop and provide, either alone or in concert with the League
of Minnesota Cities or other organizations or agencies, programs
of technical assistance to member municipalities.
8. Establish specific prioritized agenda, including Legislative
proposals, to address member community needs.
9. Foster, generate and promote information and data concerning the
problems and issues and proposed solutions affecting municipal
government in the metropolitan area to the State Legislature, in
particular, and to the public at large.
10. Enhance eneeeirage the effectiveness imprevement of
municipal government in the metropolitan area by holding
conferences and by fostering pertinent research projects.
�--�e-Merk-e�ese�Y-with-the-�eegne-ef-Mir�nesete-6ibtee-in-the
#merest'-ef-member'-ef-thte-l�eseeietien-ef-Metrepeiitnr
Mnnieipeiitie8-
11. Coordinate the efforts of AMM members to promote their interests
within the League of _Minnesota Cities.
CIM GtiG 2 �Ij
-5-
6- �e-atrtve-te-make-the-mctrepe�itnn-area-nnd-tta-eempenent
mbntetpn�it#ea-mere-effieient�=nnd-pregreaaive-tn-the-eentinning
tnak-ef-making-the-gnn�4tr-ef-fife-na-eemp�ete;-antiaf�*tng-end
enriching-na-peaaib�e-fer-n��-eitirena- _
12. Enhance the quality of life in the metropolitan area and its
cities by promoting efficient and progressive service delivery
systems for our residents.
Legend: 1. New working is underlined.
2. Wording to be deleted is crossed out.
3. Unchanged wording is printed as is.
-6- CIM MG 24'90
LM
League of Minnesota Cities
August 10, 1990
183 University Ave. East
St. Paul, MN 55101.2526
(612) 227.5600 (FAX: 221-0986)
V \ - ,b
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 place 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 --
cim 2 '
cjt ,, Ag 17X90
Mayor, Managers, and Clerks
Page 2
August 6, 1990
leaders. Legislators such as Jep. 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
change in state's perspective concerning the role cities play in
governing Minnesota, were also asked to share their opinion on this
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 what your
city can do to assist the League's efforts. I hope you will contact
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.
CIM AUG 2 --, 'T-, '
Cim-
Cim AUG 17 'SO
CIM
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 Storage Tanks
2:45 - 3:00 pm Follow-up on Small Cities and Townships Accounting
System
3:00 - 3:15 pm Truth in Taxation Requirements 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 AUG L 4 ,J
cion WG 17'90
aryi 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 and we 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, 199U
CIM AUG 17 'JJ
CiM AUG 10'90
�A_`1
INSURE YOUR RIGHT TO
FREE PUBLIC 'LIBRARIES
Meet, with Lorraine Gresser, District 6
delegate to the Governor's. Conference
on Library and Information Services
Tuesday, September 4, 7:30 p.m.
Maple Grove Community Library
8351 Elm Creek Boulevard
420-8377
cim AUG 2 W90
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 20, 1990
TO: James G. Willis, City Manager
FROM: Fred G. Moore` Director of Public Works
SUBJECT: QUAIL RIDGE ADDITION '
CORRECTIONS BY DEVELOPERS
This memo will summarize my understanding of our agreement, which we arrived at
as the result of our meeting with Dean Johnson and Gary Persons on Monday,
August 20:
1. Dean Johnson has retained a contractor to do the necessary concrete
curb replacement. The contractor will begin work this Thursday and
have the work completed by August 31. All of the curbing marked by
the Engineering Department will be replaced.
2. The stockpile of black dirt in the common open space will be moved
to vacant property within the Phase IV development. The removal of
this black dirt will be completed by September 21.
3. Dean Johnson stated that he would submit a revised drainage plan
for the common open space on August 20. That plan was submitted by
his engineer at approximately 5:30 p.m. I agreed that we would
review the plan within 48 hours in order that we could discuss it
with his engineer. We agreed that his engineer will promptly make
any necessary revisions in order that we can reach an agreement on
our revised grading plan. All of the grading required by the,plan
will be completed by September 21.
4. Before the final wearing surface can be placed on the streets,
there are -areas which have broken up and require subgrade repair.
Dean Johnson's engineer is to get with Dan Faulkner as soon as
possible in order to arrive at an agreement on the required
subgrade repairs. This needs to be done in order that promptly
after the curb is repaired, the subgrade repairs can be completed
so that that the final wearing surface can be placed on the street.
Dean agreed that the final wearing surface will be completed on the
street by September 9.
5. After the common open space is graded to the proper elevations in
accordance with the revised plan and the stockpile of black dirt is
removed, the entire area must either be seeded or sodded. Also,
there are several trees which have died which need to be replaced.
Dean agreed to have all of this work completed by September 21.
IT
SUBJECT: QUAIL RIDGE ADDITION
CORRECTIONS BY DEVELOPERS
August 20, 1990
Page Two
6. At the present time, no building permits are being issued in either
the 3rd or 4th Addition where there are vacant lots. Currently,
there are 25 or 26 vacant lots. Gary Persons stated that during
the next 30 days they possibly would want five or six building
permits.
If Dean Johnson undertakes' the work as we have agreed to, you
stated that the following building permits would be issued:
A. Upon the City's approval of the revised grading'plan for the
common open space, one permit would be issued.
B. That during the week of September 10 to 14, up to an
additional three building permits would be issued if the curb
repair, removal of black dirt, regrading of the common open
space and final wearing surface on the streets is completed.
C. During the week of September 17 to 21, an additional two or
three permits would be issued if the seeding/sodding of the
common open space is completed and all of the dead trees are
replaced.
Please let me know if you do not have the same understanding as a result of the
agreement reached with Dean Johnson and Gary Person in order that we can resolve
any differences.
FGM:kh
cc: Daniel L. Faulkner
Blair Tremere
CIM AUG 2 4 '90
0
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 23, 1990
TO: James G. Willis City Manager, through Blair Tremere, Community
Developme i 20mmunity
r
FROM: Chuck D 11 Development Coordinator
SUBJECT: Dean Johnson Construction Company/Cenvesco, Inc. Developer
Improvements to the "Quail Ridge" Subdivision
I inspected the site at 6:30 P.M. Wednesday, August 22, 1990. As of that date
and time I could find no activity to correct deficiencies noted at the City
Council meeting of August 20.
Gary Persons, of Cenvesco, Inc., stated at the City Council meeting of August
20th that either myself or Myra Wicklacz had approved some type of
substitution of "additional" landscape materials for a tot lot or playground
apparatus within the Quail Ridge common area. Neither Myra nor I, either
verbally or in writing, have ever approved such a substitution. On May 21,
1990, Myra advised Dean Johnson by letter of a number of deficiencies
remaining in the common open space outlot. She noted that the "play area"
indicated on the drawing dated July 23, 1985 (which is the plan that we have
been relying on as the correct plan) had not been installed in the southern
portion of the outlot. Mr. Johnson later noted that the plan specified
"future play area" (emphasis added) and there was no plan provisions for
specific improvements to go in that area. Reviewing the plan', both Myra and I
concurred that no specific play structures, are included on the plan for this
area.
Section 14.11 of the development contract covering the Quail Ridge first
addition reads as follows:
The final plan/plat application for Phase 2 shall provide
construction plans for the private open areas. These areas shall be
delineated from the adjoining residential lots with bollards, small
fencing and/or landscaping.
That clause is the extent of direction provided with respect to improvements
to the common open space from any development contract covering any of the
Quail Ridge additions. As you can see, there is no mention of any type of
play structure.
C!M AUG 24'90
Page Two
Quail Ridge
I have also reviewed the provisions of City Council Resolution 85-744 which
approved the RPUD preliminary plan and plat for the -Quail Ridge addition. (all
phases of that plat) Condition 12 of that resolution provides that the
initial final plan and plat application should include construction plans for
the private open areas, exactly as found in the development contract noted
above.
I will advise you at this time next week as to improvements to the common
outlot as of that date.
(pl/cd/quail)
190
Z- 1
! r
13. Land Dedicated R: Public Use, Parks and erivate Recreation Areas_
continued?
13.3 Future phases shall be fees -in -lieu of dedication with appropriate
credits in an amount determined according to verified acreage and
according to the Dedication Policy in effe-t at the time of filing the
future Final Plata with Hennepin County.
14. Other Requirements:
14.1 Compliance with the City Engineer's Memorandum.
14.2 Removal of all dead or dying trees from the property at the owner's
expense.
14.3 No building permits shall be issued until a contract has been awarded
for sewer and water.
14.4 Street names shall comply with the City Street Naming System.
1'-.S compliance with Policy Resolution No. 79-8u regarding minimum floor
elevations for new structures in subdivisions adjacent to, or containing
any open store6 water drainage facility.
14.6 Rezoning shall be fir.^lized with filing of the Final Plat.
14.7 No building permits shall be issued until the Final Plat is filed and
recorded with Hennepin County.
14.8 Access shall 1^ limited to interudl NuuliC tu.iJ. aaJ LeitiitLed rtuIu
County Roaj 9. Lot 1, Block 2 shall access to 41st Place and Lot 1,
Block S shall access to 42nd Avenue North; Lot 1, Block 1 shall access
to Polaris Lane (East-West segment) with garage on the Northwest side,
Lot 1, Block 4, shall access onto 41st Avenue North with garage on the
Northeast aide of lot.
14.9 Final Plat mylars shall refer to RPUD No. 85-5.
14.10 Appropriate l.e:,l documents regarding Homeowner Association documents,
covenants and restrictions as approved by the City Attorney, shall be
filed with the Final Plat.
14.11 The Final Plan/Plat application for Phase 2 shall provide construction
plans for the private open areas. These areas shall be delineated from
the adjoining residential lots with bollards, small fencing, and/or
landscaping.
14.12 Minimum lot size shall be 11,000 sq. ft.; maximum lot coverage shall be
20 percent; minimum front yard setbacks Shall be 30 ft. except for those
lots along County Road 9 which shall have a minimum 50 ft. setback to
County Road 9; minimum rear yard setback shall be 20 ft.; and, minimum
side yard setbacks shall be 10 ft.
14.13 Maximum number of dwelling units shall be 141 units.
-13- CIM AUG 24'90
14. Other Requirements (continued)
14.14 For future phases, the developer shall demonstrate specific site
features and characteristics which require specific design considerbtion
of 9 and 6 ft. side yard setbacks for specific lots with submission of
future Final Plat(s).
14.15 No building permits shall be issued for Lot 1, Block 1, and Lot 14,
Block 3, until Outlot A is final platr9d, and roads and utilities are
extended on Polaris Lane and Orchard Lane.
—14—
ciM AUG 24'90
S
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Special meeting of the City Council of
the City of Plymouth, Minnesota, was held on the 23rd day of September . 1985.
The following members were present: Deputy Mayor Schneider, Councilmembers Crain,
Neils and Vasiliou
The following members were absent: Mayor Davenport
�f rtt
Councilmember Neils introduced the.following Resolution and moved its
adoption: _
RESOLUTION NO. 85- 744
APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITOt4AL.
USE PERMIT FOR DEAN R. 30tiNSON, CENVESCO, INC. FOR QUAIL RIDGE OF PLYMOUTH (RPUD 85-5
(85081)
WHEREAS, Dean R. Johnson, Cenvesco, Inc. has requested approval for a Residential
Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Qauil
Ridge of Plymouth for 141 single family residential units on approximately 94.5
acres located east of Turtle Lake and north of County Road 9; and,
WHEREAS, the Planninq Commission, has reviewed the request at a duly called Public
Hearinq and recommends approval;
NOW, THEREFORE, BF IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the Residential Planned Unit Devel-
opment Preliminary Plan/Plat and Conditional Use Permit for Dean R. Johnson,
Cenvesco, Inc. for Quail Ridqe of Plymouth located east of Turtle Lake and north of
County Road 9, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's expense.
3. No Building Permits shall be issued until a Contract has been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication with appropriate credits
in an amount determined according to verified acreage and paving costs and ac-
cording to the Dedication Policy in effect at the time of filing the Final Plat
with Hennepin County.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations
for new structures in subdivisions adjacent to, or containing any open storm
water drainage facility.
7. Rezoning shall be finalized with filing of the Final Pldt.
PLEASE SEE PAGE TWO
cion AUG 24'90
i
Page two 1
Resolution No. 85- 744
8. No Building Permits snajI be issued until the Final Plat is filed ,ind recorded
with Hennepin County.
9. Access shall be limited to internal public roads and restricted i'1•om County Road
9.
10. Final Plat mvlars shall refer to RPUO No. 85-5.
11. Appropriate leqal documents regarding Homeowner Association documents, covenants
and restrictions as approved by the City Attorney, shall be filed with the Final
Plat.
12. The Final Plan/Plat application shall provide construction plans for the private
open areas. These areas shall be delineated from the adjoininq residential lots
with bollards, small fencing, and/or landscaping.
13. Minimum lot size shall he 11,000 sq. ft.; maximum lot coverage. shall be 20
percent; minimum front yard setbacks shall be 30 ft. except for those lots alonU
County Road 9 which shall have a minimum 50 ft. setback to County ROM" 9;
minimum rear yard setback shall he 20 ft.; arid, minimum side yard setbacks shall
he 10 ft.
14. Maximum number of dwelling units shall he 141 units.
15. Ttie developer shall demonstrate specific site features and characteristics which
require specific design consideration of 9 and 6 ft. side yard se.thacks for
specific lots'with submiss[or, of the Final flat.
16. No driveways shall access Rockford [load and driveways from Lot 1, Block 1, and
Lot 1, Block 4 (per the Preliminary Plat) shall be to ttu.- northweSr and
northeast as far as possible., respectively.
The motion for adoption of the foregolag Resolution was duly seconded by
Councilmember Vasiliou , and upon vote being taken thereon, the
following voted in favor thereof: DeDoty tla'ror Schneider. Counci lmembers
Grain !dells and Va5illou
The following voted against or abstained. .none
Whereupon the Resolution was declared duly r)assed and adopted.
CIM AUG 24'W
dAMEs J. UomsbN
Attorney at Law
Direct DW (6t2) 337-9209
August 24, 1990
Joe Mauler Construction
18133 Cedar Avenue -Socith
Farmington, MN 55024
Mr. Craig SGherber
11415 Valley Drive
Rogers, MN 55374
Mum & GRAVEN
GARTERED
470 pill8bttry Cutter, Minneapolis, Minnoua 55402
(612)337-9300
LDK Builders
14225 Highway 55
Plymouth, MN • 55447
Re: Kings North-Addition/Drainage Concerns
Gentlemen:
I am the city, attorney for the City of Plymouth. On August 20,
1990 the City Council discussed drainage problems regarding Kings
North Addition, relating primarily to the Loehr, Pike, Sandvold,
and Kern homes. It appears, from our review of this matter that
work has been done in the City's drainage easement without the
City's approval. The City Council has directed me to take the
appropriate legal action to ensure that the parties responsible
for the improper work are held accountable.
From my review of. this matter, it appears that either the
developer or the builders of the -individual homes are responsible
for the drainage problem that has arisen as a result of the
unauthorized work in the City's easement area. The City would
like to resolve this matter amicably if at all possible. I am
requesting that you meet with me and the city manager to discuss
this situation. I have scheduled a meeting for Wednesday, August
29 at 9:00 a..m:-at the Plymouth City Center to discuss this
matter. I urge you to attend the meeting so.. that we Can
determine whether there is a way to resolve.this matter.
Sincerely,
7me J. Thomson
JJT/amm
cc: Mayor Kim M. Bergman
City Council Members
VA, AUG 2
IMPORTANT
NOTICE. AUG 22 1990�
Ci t Y OF" PL,"MOUTH
1990 DECENNIAL CENSUS COMMUNITY DEVELOPMENT DEPT.
POSTCENSUS LOCAL REVIEW COUNTS
These are PRELIMINARY census counts; you should not use them for official purposes
(for example, redistricting or budgeting). These counts are SUBJECT TO CHANGE
pending completion of ongoing field and processing activities.
CINE AUG 24 '9U
I/
UNITED STATES DEPARTMENT OF COMMERCE
Bureau of the Census _L a
s Regional Census Center
•'o4JAT[S pf Kansas City, MO 64191-1390
FROM THE DIRECTOR
KANSAS CITY REGIONAL CENSUS CENTER
As part of the 1990 Decennial Local Review Program, we are providing
Form D-77, the Postcensus Local Review Listing for your governmental
unit. This listing provides for your review postcensus counts of
housing units and group quarters population at the 1990 census -block
level. These census counts are based on the results of census
enumeration and processing activities completed through late summer.
Since these counts are partial and preliminary in nature, they are
subject to change pending completion of ongoing census activities,
including Postcensus Local Review. The Census Bureau neither
encourages nor sanctions their use for official purposes such as
budgeting or redistricting.
The Postcensus Local Review counts are tabulated based on the
boundaries of your governmental unit that were in effect as of
January 1, 1990. This is the official date for all boundary
information used for the 1990 census. If the Postcensus Local Review
maps you received earlier this summer did not reflect those
boundaries legally in effect as of that date, we requested that you
submit the documentation outlined in Chapter 3 of the 1990 Decennial
Census Local Review Technical Guide. To provide sufficient time to
verify and update geographic files before we tabulate the 1990
census, we needed to receive this documentation by August 1, 1990.
Please review these housing unit and group quarter population counts
based on the boundaries shown on the Postcensus Local Review maps and
guidelines provided in the technical guide. The Census Bureau will
only accept challenges to housing unit and group quarters population
counts at the block level. The data provided at other geographic
levels, for instance housing unit totals for census tracts'or total
population figures,for your governmental unit, are for informational
purposes only and may not be challenged. Your block estimates must
be based on census block numbers and boundaries shown on the
Postcensus Local Review maps. When creating your estimates, use
sources similar to those described in Chapter 5 of the technical
guide.
Please submit your response on the enclosed Form D -74B, Local Review
Response Form (you may reproduce additional copies, as needed), along
with a signed letter on official letterhead from your government's
Chief Executive Officer or Highest Elected Official. When
identifying census blocks where you suspect the postcensus counts are
in error, you also must provide the source and date of your local
CIM AUG 24'90
estimates. You have 15 working days from the date you received the
counts (excluding Saturdays, Sundays, and federal holidays) to review
them and send -your response to the Census office below:
Martin Kramer, District Office Manager
Minneapolis District Office
2021 E. Hennepin Avenue
Minneapolis, MN 55413,
Adhering to this review time is important in order to provide us the
opportunity and time to address any discrepancies and , as' necessary,
conduct field recanvassing.
The Census Bureau encourages you to participate in the 1990 Decennial
Census Local Review Program. We will use your response to determine
if corrections are required to our 1990 census counts. The Census
Bureau will notify you of the outcome of our review. We will issue
final and official 1990 census data to the President on December 31,
1990. The final population counts for your governmental unit will be
issued as part of the Thank You America Campaign in early 1991.
If you have any questions about conducting your review, please refer
to the technical guide or call Martin Kramer at (612) 331-3706.
Sincerely,
foi
Regional Director
DO2625
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CIM AUG 2 4 `gL ✓
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
August' 17, 1990
The Honorable Kim M. Bergman
City Council Members
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Regulation of Builders/Developers
Dear Mayor Bergman and Council Members:
--Yf�
Mums & GRAvEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9300
At the last council meeting, a question arose as to what
authority the City has to regulate builders or developers who
perform work in the City. In order to address this question, two
separate issues need to be addressed. The first one involves a
situation where a homeowner has a dispute with a builder or
developer, and the dispute does not involve any Building Code or
City Code issues. The second situation is where a builder or
developer has failed to comply with applicable Building Code or
City Code provisions and has not remedied the defects.
Regarding the first situation, the only potential practical way
for the City to regulate those matters would be if the City
adopted a licensing requirement for builders. As part of the
licensing requirement, the City could consider issues pertaining
to defective construction. There have been periodic discussions
at the state level about licensing builders, but a licensing
procedure has never been adopted.
Regarding the second situation, the City has remedies available
under the Building Code and City Code for builders or developers
who do not comply with code provisions. The primary remedy is a
misdemeanor prosecution. In certain situations the City may have
contractual remedies against a developer. Another .issue that
arises in this situation is whether the City can withhold a
permit to a builder or developer who has not complied with City
requirements and later applies for a permit on a different
property. I am enclosing, a copy of a City of Minnetonka
ordinance that addresses this situation. I have not fully
evaluated the ordinance or its legal implications. I am not
Ciro AUG 2 Si
The Honorable Kim M. Bergman
City Council Members
August 17, 1990
Page 2
aware of any other city that has adopted a similar ordinance. If
the council desires to pursue this type of an approach, I would
need to evaluate this issue further.
Sincerely, .
J m J. Thomson
JJT/amm
Enclosure
cc: James Willis
Blair Tremere
Joe Ryan
PL100-32A
CIM AU;; � � - ,
• .J
117.00
Section 117 -Requirements for City-APRERvals
117.00. A license, permit, or other City approval or
authorization of any kind.shall be granted only to an applicant
who:
1. Hao complied with all relevant statutory; charter
and ordinance requirements.
2. Has paid all fees, charges, taxes, special assess-
ments and other ddbts or obligations which are due from
the applicant and payable to t.a City regarding any matter,
and
3.. Is in compliance with all ordinance requirements
and attached conditions regarding other City Approvals
which have been granted to the applicant for any matter.
117.05. - The requirements of Section 117.00 (2) and (3)
may be waived in the following circumstances:.
'1, The applicant has provided sufficient sAfe'uards
to assure payment of debts or compliance with lity
requirements within a reasonable time after the City
approval, or
2, .Enforcement of the requirements would result in a
significant hardship to the applicant, through no fault
of his own or would result in an otherwise unfair' -situation'
Adopted 6/6/88 by Ord. 88-502.
- 20A- GIM AUG 24 'go
FT
HENNEPIN
IJ H
DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS
A607 Government Center
Minneapolis, Minnesota 55487-0067
Crossroads To Service
August 16, 1990
Laurie Rauenhorst, Clerk
City of Plymouth -
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Ms. Rauenhorst:
WI
=-
As required by the Truth in Taxation legislation, we are notifying you of the
public hearing dates set by the Hennepin County Board of Commissioners and the
school districts within your city to adopt the levy for taxes payable in 1991.
Taxing District
Hennepin County
School District #270
School District #279
School District #281
School District #284
original Hearing
November 15, 1990
December 6, 1990
November 20, 1990
December 3, 1990
December 10, 1990
Reconvened Hearing
November
16,
1990
December
20,
1990
December
4,
1990
December
17,
1990
December
17,
1990
We are now requesting that you set your city's dates and times for the original
budget hearing and for a reconvened hearing. The hearings may be held anytime
from November 17, 1990, through December 20, 1990. We ask that upon setting
the dates, times, and places, you fill out the enclosed form and return it to
us in the envelope provided.
As you can tell from the enclosed abbreviated calendar, the turn around time
for the public hearing notifications is very short.
You need to return the enclosed form by September 1, 1990. You may include it
when certifying your proposed levy which is also due on September 1, 1990.
If you have any questions, please contact me at 348-5100.
Sincerely,
Dale G. Folstad, Director
Property Tax and Public Records
Marie A. Kunze
Tax Receivables Division Manager
DGF:MAK:kfs
Enclosures
HENNEPIN COUNTY
an equal opportunity employer
CIM �t1
August 21, 1990
Marie A. Kunze
Tax Receivables Division Manager
Hennepin County Dept. of Property Tax
and Public Records -
A607 Government Center
Minneapolis, MN 55487-0067
Dear Ms. Kunze:
On August 20, the Plymouth City Council established the public
hearing dates for the 1991 City Budgets:
Monday, November 26, 1990 First public hearing date
Tuesday, December 11, 1990 Second public hearing date if
needed
The hearings will begin at 7:00 p.m. and be held in the Council
Chambers of the Plymouth City Center, 3400 Plymouth Blvd.,
Plymouth.
If you have further questions regarding the hearings or
certification of our proposed levy, please contact Dale Hahn,
Finance Director, at 550-5101.
Sincerely,
Laurie Rauenhorst
City Clerk
cc: James G. -Willis, City Manager
Dale Hahn, Finance Director
CIM AUu 2 4 90
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000
August 17, 1990
Junichi Terasaka
President
Fujitsu Business
Communications
4605 East Elwood
Phoenix, Arizona
Systems
85040
b.
CIN OF
PLYMOUThF
REGISTERED MAIL
SUBJECT: FUJITSU FOCUS 960/CINDI III TELEPHONE SWITCH AND VOICE
MAIL SYSTEM
Dear Mr. Terasaka:
In December of 1989, the City of Plymouth purchased a Fujitsu
Focus 960 telephone switch telephone equipment and Cindi III
Voice Mail system from you. There were two reasons for our
acquisition: first, the equipment was an integrated package,
which is to say the Fujitsu switch and Cindi III Voice Mail
system were designed to work in tandem as one unit. Second, we
received a written commitment from you that the Fujitsu/Cindi III
system would possess all of the operating features we required in
our request for proposal no later than June 30, 1990-
I am attaching a copy of the report to the City Council and
correspondence relating to the acquisition. You will note that
our purchase of the Fujitsu/Cindi III system was contingent upon
the requirement that: the "Dial O" feature and "Announce Only"
mailbox be provided no later than the second quarter 1990 as you
promised.
I have been in contact with Dan Fragen of Fujitsu and Jim Bell,
our consultant with Epic USA. Both individuals have confirmed
through sources at Genesis, the manufacturer of the Cindi III,
that as things presently stand, neither of these features will be
available on the Cindi III. This position is totally contrary to
your contractual obligations and earlier representations.
To say the least, I am disappointed. Our acquisition decision
was based upon your representations. These features are of
critical importance to the City and this is the reason we asked
for and received an affirmative commitment from you prior to the
purchase.
GIM AUG Z 4
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000
........ ..
Junichi Terasaka
August 17, 1990
Page 2
Unless I receive a written commitment from Fujitsu and Genesis by.
September 15, 1990, indicating that the two above features will
be supplied to the City of Plymouth no later than December 31,
-- 1990, I -will have no alternative but to turn this matter over to
our attorney for appropriate legal action on the basis that you
have breached your contractual commitments to the City of
Plymouth. ,
I will not initiate any action until September 15, 1990. This
should provide Fujitsu and Genesis representatives , the
opportunity to discuss this matter and provide the City of
Plymouth with an acceptable resolution to this matter. My direct
line phone number is 550-5013.
AssiI5.ant City Manager
FB:kec
cc: City Attorney
Jim Bell, Epic USA
James G. Willis, City Manager
Mayor & City Council
Dean Fragen
Dean Moen
CIM
1 ' \Oct
PLYMOUTH SAFETY COMMITTEE
August 22, 1990
PRESENT: Tom Nelson, Bob Fasching, Don Kilian, John Ward, Craig
Bechtold, Scott Streachek, Kevin Leuer, Andy Jordan,
Dave Johnson, Bob Pemberton
ABSENT: Ken Johnson, Don Kissinger
ALSO PRESENT: Dave Drugg and Mark Wagner, North Star Risk
Services
I. OLD BUSINESS
A. Approval of July 18, 1990 Minutes. The minutes were
approved as submitted.
B. Trench Rescue Training -- Bob Pemberton reported that a
committee composed of Frank Boyles, Dick Carlquist, Lyle
Robinson, Kevin Leuer, Fred Moore is in the process of
reviewing the trench rescue report for final
consideration. Bob asked Kevin Leuer what the Fire
Department's early position was on the draft report.
Kevin indicated that based on the draft report as
submitted, the Fire Chief is probably not interested in
having the Fire Department participate in a trench/rescue
program. Bob stated that is was his feeling at the
present time, that given the City is approximately 40
percent "built up" and, the fact that only two trench
cave-in incidents have occurred within the City over the
last 15 years, he would not rate trench rescue as a top
priority.
C. Subcommittee Review of City Safety Manual. Bob Pemberton
advised that review of the Safety Manual has been
completed by the subcommittee. The manual will now be
prepared -for the printer.
II. ACCIDENT REVIEW
The consent agenda was approved as submitted. The agenda
contained on vehicular accident, and six personal injury
accidents. All accidents were determined nonpreventable.
Bob Pemberton will forward a report and recommendations
to the City Manager.
C11W AUG 2 4 '90
`vim
PLYMOUTH SAFETY COMMITTEE
August 22, 1990
Page 2
B. Vehicular Accident Review
The committee reviewed one vehicular accident and
determined the accident to be nonpreventable. A report
and recommendation will be forwarded to the City Manager.
The committee tabled one accident to the September
meeting to allow the employee to be in attendance.
-
The personal injury accident review was tabled to the
September meeting to allow the employee to be in
attendance.
D. Committee Review of Windshield/Glass Damage Claims
The committee reviewed five windshield/glass damage
claims. It was noted that four claims for rock chip
damage to windshield occurred as a result of seal coating
on County Road 9.
III. NEW BUSINESS
A. Commercial Driver's License Test.
Bob Pemberton informed the committee that State Driver's
Testing representatives will be at the City Center on
Thursday, September 6, to administer the various -
commercial driver's license tests to Public Works
employees. He advised that sign-up sheets for employees
are posted at the Public Works garage.
B. Fire Extinguisher Training
Bob Pemberton stated that classes were held on Wednesday,
August 15 at the City Center and Public Works garage. He
advised that approximately 70 employees attended the two
sessions. Bob stated the annual training session is
scheduled in conjunction with the annual hydrostatic
testing and recharging of fire extinguishers located in
city facilities. He advised that by August 31, the fire
extinguishers in city vehicles will have been inspected
and recharged.
IV. OTHER BUSINESS
Kevin Leuer stated he would have information on the Opticon
traffic signal system for the September meeting.
Bob Pemberton advised the committee that Defensive Driving
Training classes will be scheduled for November. He asked
for input from the committee on the course format and
Ciao AUG 2 4 ',*j-)
PLYMOUTH SAFETY COMMITTEE
August 22, 1990
Page 3
-=- \ Oc`._
instructor. Dave Drugg suggested that the Minnesota State
Highway Patrol be contacted to determine if a patrol officer
would be available to serve as the course instructor. Dave
stated he believed the course would become more effective if
a state patrol representative could share "on the road real
life" experiences both from a metro and outstate perspective
with class participants. John Ward indicated he would work
with Bob Pemberton in contacting the State Patrol.
Scott Streacheck reported that instructions for the "slim
jim" tool used by community service -officers for unlocking
vehicles, does state that the tool may be bent while using.
Earlier this year, the committee reviewed a personal injury
accident wherein a community service officer was injured
when the tool broke when bent. At that time there was
concern by the committee that because the tool was flexible
enough to bend, that it had become worn and should have been
discarded.
Scott Streacheck advised that during a power failure Tuesday
evening, August 21, the Community Center emergency lighting
system was not operational. Kevin Leuer inquired if the
system is inspected monthly as required. Bob Pemberton
stated he would check with Jack Tabery, Property Management
Coordinator, on the emergency system.
Dave Drugg reported on a new commercial vehicle inspection
requirements passed by the State legislature. He stated the
new legislation affects all vehicles exceeding 26,000 GVW as
registered, and any vehicle towing unit over 10,000 GVW.
Effective April 1, 1991, these vehicles will be required to
be annually inspected and approved for operation by a State
certified inspector. The legislation also requires that a
pre -trip inspection is to be completed on a daily basis.
Dave provided a copy of the legislation to Bob_ Pemberton for
review.
Bob Pemberton informed the committee of a new OSHA
requirement requiring driver's training for all employees
driving city vehicles. He will have further information on
the requirement at a -future meeting.
Kevin Leuer reported on a vehicular accident occurring the
week of August 13 involving the release of hazardous
chemicals at the accident scene. He recommended that police
officers receive training in hazardous materials. Bob
Pemberton advised Kevin that he should work directly with
the Director of Public Safety on this matter.
The meeting adjourned at 8:23 a.m.
MUNICIPAL
ISL LBGISLATIVE
COMMISSION
THIRTIETH MLC BOARD OF DIRECTORS
Thursday, July 26, 1990
5:00 p.m.
Javelin IV
Decathlon Athletic Club
Bloomington, Minnesota
MINUTES
150o Northland Plaza
3800 West 80th Street
Bloomington, Minnesota 55431
(612) 893-6650
The Thirtieth MLC Board of Directors meeting was called to order
by Dwight Johnson, Vice Chairman.
Members present: Mayor Neil Peterson and John Pidgeon,
Bloomington; Mayor James Krautkremer, Brooklyn Park; Linda
Barton, Burnsville; Mayor Tom Egan, Eagan; Carl Jullie, Eden
Prairie; Mayor William Saed, Inver Grove Heights; Jon Elam,
Maple Grove; Jim Miller, Minnetonka; Mayor Kim Bergman and James
Willis, Plymouth; Steve Sarkozy and Vernon Johnson, Roseville;
Mark Sather, White Bear Lake; Barry Johnson, Woodbury.
Also present: Representative Ann Rest; Charlie Darth, Brooklyn
Park; Cathy Kennedy, Mona, Meyer & McGrath; Bob Renner, Jr., and
Heather Florine, Messerli & Kramer.
Members Absent: Craig Rapp, Brooklyn Park; Mayor Daniel McElroy,
Burnsville; Tom Hedges, Eagan; Mayor Gary Peterson, Eden
Prairie; Mayor Frederic Richards and Ken Rosland, Edina; Robert
Schaefer, Inver Grove Heights; Councilmember Don Ramstad, Maple
Grove; Gary Bastian and Mike McGuire, Maplewood; Mayor Tim
Bergstedt, Minnetonka; Councilmember Ben Withhart, Shoreview;
Mayor Jerry Briggs, White Bear Lake; Mayor Daniel Guider;
Woodbury.
A motion was made by Sather, seconded by Egan and unanimously
passed to accept the Minutes from the May 2, 1990, Board of
Directors Meeting.
Member Cities: Bloomington. Brooklyn Park. Burnsville. Eagan. 01 ALIG 2 4•
Eden Prairie, Edina. Inver Grove Heights. Maple Grove. Maplewood. Minnetonka,
Plymouth. Roseville. Shoreview. White Bear Lake. Woodbury
Jullie then presented the Treasurer's Report. A motion was made
by Willis, seconded by Peterson and unanimously passed to accept
the Treasurer's Report.
Renner introduced Representative Ann Rest, Chair of the Property
Tax Subcommittee. Representative Rest addressed the Operating
Committee regarding the House position of eliminating the 3% tax
rate on residential homesteads valued over $110,000. Rest
explained that Representative Ogren and many members of the
House Tax Committee would be opposed to a -flat rate on
homesteads because of the effect -this would have on lower -valued
homes. The resulting shift of the two-tier proposal, however,
would be less intense on lower -valued homes. According to
Representative Rest, eliminating the 3% tier is a moderate step
in the right direction; creating a flat tax system is an extreme
step in the right direction.
After Representatives Rest's comments, followed by question and
answers, she excused herself from the meeting.
The Operating Committee then discussed Messerli & Kramer's
proposal to represent the MLC at the Minnesota Legislature in
1991. A motion was made by Krautkremer to approve the proposal.
After further discussion, the Committee agreed that prior to
approval, a Performance Review Committee should be formed to
evaluate Messerli & Kramer's performance. The Committee will
meet with Renner to discuss the services Messerli & Kramer
provides the MLC, and formal approval of the contract will be
taken up at the October Board of Directors Meeting.
D. Johnson then presented the Board with the recommendation of
the Operating Committee for 1990-1991 MLC officers. The slate
of nominees was:
Chair: Jerry Briggs
Mayor of White Bear Lake
Vice Chair: Barry Johnson
City Manager, Woodbury
Secretary/ Carl Jullie
Treasurer City Manager, Eden Prairie
No nominations were received from the floor.
A motion was made by Peterson, seconded by Willis and
unanimously passed to close the nominations.
A motion was made by Peterson, seconded by Sarkozy and
unanimously passed to approve the nominees as 1990-1991 MLC
officers.
- 2 -
CIM AUG 24'90
-=- \o b
D. Johnson then presented the Board with the Operating
Committee's recommendations for setting the 1990-1991 dues
structure. A motion was made by Krautkremer, seconded by Elam
and unanimously passed to lower the dues from $.35 per capita to
$.30 per capita, and that the cap be lowered from $12,500 to
$12,000.
The Board of Directors then considered the following amendments
to the Joint Cooperative Agreement:
ARTICLE 6
6.10) It shall cause an annual, 'audit of the"
books of the Commission to be made aftd by an independent
auditor, or an independent auditor of a member city, whichever
the Board determines. It shall make an annual financial
accounting and report in writing to the parties. Its books and
records shall be available for and open to the examination by
the Parties at all reasonable times. It shall establish the
annual budget for the Commission as provided in this Agreement.
A motion was made by Krautkremer, seconded by Pidgeon and
unanimously approved to adopt Article 6 as amended.
ARTICLE 9.
9.6) Secretary_lTreasurer - The Secretary/Treasurer shall
be a Director who is a member of the Operating Committee.
He/She shall be responsible for keeping a record of all of the
proceedings of the Commission and Operating Committee and sh I
serve as the eh The
Secretary/Treasurer shall send written notice and material
pertaining to agenda items to each Director. He/She shall have
custody of the Commission's funds, shall pay its bills, shall
keep its financial records, and generally conduct the financial
affairs of the Commission. The Secretary/Treasurer shall be
responsible for such other matters as shall be delegated to
him/her by the Commission. Orders, checks, and drafts of the
Commission shall require the signatures ef the
ether than that 0i the C-__ -1GLL.7 LLl Gl
-'�_ 'T be issued in
-
city
!
city from which the Secretary/Treasurer is elected. In
conducting the Commission's financial affairs, the
Secretary/Treasurer shall, at all times, act in accordance with
generally accepted accounting principles. The
Secretary/Treasurer's reports, including any bills or claims to
be acted upon by the Commission, shall be distributed to all
- 3 -
cim AUG 24'90
all persens authorized to handle funds of the eertmissienr Any
persons may be engaged to perform such services under the
Secretary/Treasurer's supervision and direction, when authorized
by the Commission. -
A motion was made by Sarkozy, seconded by Egan and unanimously
passed to adopt Article 9 as amended.
The Operating Committee then made the recommendation to the
Board of Directors that it formally adopt a position in support
of the proposed two-tier property tax system. After further
discussion, the Board of Directors decided to wait until the
details of the proposal become available before taking a formal
position,in support of the proposal.
Cathy Kennedy addressed the Board of Directors regarding media
relations efforts in the past year, including the press
conference which was extremely successful in terms of number of
press representatives and overall exposure of the issue.
The next MLC Quarterly Board Meeting was set for 5:00, Thursday,
October 25, at the Decathlon Athletic Club in Bloomington.
A motion was made by Sarkozy, seconded by Krautkremer and passed
unanimously to adjourn the MLC Twenty-Ninth Board Meeting. The
meeting was adjourned at 6:25 p.m.
- 4 -
CIM AUG 24'90
CMUNICIPAL
LEGISLATIVE
COMMISSION
_ � UD
1500 Northland Plaza
3800 West 80th Street
Bloomington. Minnesota 55431
(612) 893-6650
EIGHTY-FIFTH MLC OPERATING COMMITTEE MEETING
Thursday, July 26, 1990
3:00 p.m.
Javelin IV
Decathlon Athletic Club
Bloomington, Minnesota
MINUTES
The Eighty -Fifth MLC Operating Committee Meeting was called to
order by Dwight Johnson, Shoreview.
Members present: John Pidgeon, Bloomington; Linda Barton,
Burnsville; Tom Hedges, Eagan; Carl Jullie, Eden Prairie; Jon
Elam, Maple Grove; Mike McGuire, Maplewood; Jim Miller,
Minnetonka; Jim Willis, Plymouth; Steve Sarkozy, Roseville; Mark
Sather, White Bear Lake; Barry Johnson, Woodbury.
Also present: Charlie Darth, Brooklyn Park; Ceil Smith, Edina;
Bob Renner, Jr., and Heather Florine, Messerli & Kramer.
Members Absent: Craig Rapp, Brooklyn Park; Ken Rosland, Edina;
Robert Schaefer, Inver Grove Heights.
A motion was made by Willis, seconded by Jullie and passed
unanimously to approve the Minutes of the June 20, 1990,
Operating Committee Meeting.
Jullie presented the Treasurer's Report. Jullie mentioned that
the annual MLC audit report should be completed and ready for
review by the August Operating Committee meeting.
A motion was made by B. Johnson, seconded by Miller and passed
unanimously to approve the Treasurer's Report.
Member Cities: Bloomington. Brooklyn Park. Burnsville. Eagan, CIM AUG 24'90
Eden Prairie. Edina, Inver Grove Heights. Maple Grove. Maplewood, Minnetonka.
Plymouth. Roseville. Shoreview. White Bear Lake. Woodbury
Renner distributed,the questionnaire used by the MLC prior to
the 1985 Legislative Session to poll legislators on issues of
concern to the MLC. This questionnaire could be tailored to
address specific MLC concerns in the the 1991-1992 biennium.
After further discussion, Renner agreed to draft a questionnaire
including questions relating to the tiered -rate property tax
system, a flat -rate system and tax based equalization. This
would ultimately be sent to all legislative representation and
challengers sometime between the primaries and the election.
The Operating Committee then discussed the current MLC dues
structure and at what rate should dues be set for 1991. Because
of significant dues increases for other municipal associations,
it was suggested that lowering the current MLC dues structure'
might be beneficial. The Operating Committee also discussed the
potential of maintaining a reserve in the budget, and at what
rate of dues, including lobbying expenses, would an acceptable
reserve be maintained. After further discussion, a motion -was
made by Sarkozy, seconded by Jullie and unanimously passed that
a recommendation be made to the Board of Directors to lower the.
dues from $.35 per capita to $.30 per capita, and that the cap
be lowered from $12,500 to $12,000.
Renner then distributed Messerli & Kramer's proposal to
represent the MLC at the Minnesota Legislature in 1991. A
motion was made by Willis, seconded by Pidgeon to approve the
contract contingent upon approval of the 1990-1991 budget.
Johnson then reported on the Nominating Committee's selections
for 1990-1991 MLC officers. The slate of nominees was:
Chair: Jerry Briggs
Mayor of White Bear Lake
Vice Chair: Barry Johnson
City Manager, Woodbury
Secretary/ Carl Jullie
Treasurer City Manager, Eden Prairie
No nominations were received from the floor.
A motion was made by Johnson, seconded by Willis and unanimously
passed to close the nominations.
A motion was made by Willis, seconded by Sarkozy and passed
unanimously to recommend the above nominations to the Board of
Directors for approval.
- 2 -
c'm AUG 2 4'90
-7-- \ 0b
Renner then distributed and discussed the latest computer runs
distributed by the House of Representatives Research Department
which show the impact on MLC cities in the event the Legislature
eliminates the 3% tier on residential homesteads valued over
$110,000. Residential homesteads statewide would realize a-$39
million property tax decrease, while there would be a $22
million increase on commercial industrial property. To date,
the two-tier proposal is supported only in the House of
Representatives. Senate leadership remains opposed to this
position. The Operating Committee discussed the MLC's support
of this proposal. A motion was made by Willis, seconded by
Johnson and unanimously passed to recommend to the Board of
Directors that the MLC take a formal position in support of the
two-tier proposal.
The Operating Committee discussed the status of the Public
Relations Implementation Plan. Upcoming activities include
drafting and distribution of the legislative survey, regional
breakfasts/debates,' and city council resolutions. The Operating
Committee decided the format for the regional breakfasts would
be altered for this year to provide for discussions with
incumbent legislators and another breakfast to meet and discuss
issues with challengers.
The next MLC Operating Committee meeting was set for 3:00,
Wednesday, August 29, 1990, at Messerli & Kramer.
A motion was made by Willis, seconded by B. Johnson and
unanimously passed to adjourn the meeting. The Eighty -Fifth
Operating Committee was adjourned at 4:55 p.m.
- 3 -
CIM AUG 24'90
45th/46th Avenue Trail
Update
A bulletin from the City of Plymouth, Number 1, August 24, 1990
As requested by area residents and included in the City's Capital Improvement
Program, construction of a trail along 45th/46th Avenue from Zachary Lane to
Revere Lane will begin August 29.
Upcoming Work
Among the work you will see during the next two weeks:
* Newspapers tubes will be permanently moved from the south to the north side of
the street at several addresses to eliminate conflicts with the trail. We regret any
inconvenience this may cause. The following addresses will be affected:
10525 — 45th Avenue, Units 1,2,3,4
10545 — 45th Avenue, Units 1,2,3,4
10565 — 45th Avenue, Units 1,2,3,4
10585 — 45th Avenue, Units 1,2,3,4
* Crews will be doing minor grading.
* Crews may need to relocate some utility boxes which are located in the trail path.
* Paving of the trail.
Traffic
Traffic will not be affected by this project. Crews will be working in the right-of—
way on the south side of 45/46th Avenue.
Overall project
Crews will be constructing a trail on the south side of 45th/46th Avenue from
Zachary Lane to Revere Lane. The trail will be eight feet wide with handicap
access at curbs.
Work is scheduled to beg' August 29 and be substantially completed by September
7, weather permitting. Sodding will be completed later this fall.
The trail was designed to avoid removing any trees and will not require any
retaining walls. Construction will not affect access to driveways.
CIM AUG 24'�::
Funding
The project is funded 100% by city park dedication funds.
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 after it has cooled.
Questions/Concems
If you have an questions about 'the trail construction, contact Assistant. City
Engineer John Rweeney at 550,5072 or Parks and Recreation Director Eric Blank
at 550,5131.
:-M NEW TRAM. N wRfi EXISTING TRAIL
H
45TH/46TH AVENUE TRAIL
PRWECT 024
TRAIL --
CSM AUG 24 `pt3
Bruce & Margaret Beaudoin
4540 Yorktown Lane N.
Plymouth, MN 55442
Loren & Tanni Dorshow
4545 Ximinies Lane N.
Plymouth, MN 55442
Lesley Diamond
4540 Ximinies Lane N.
Plymouth, MN 55442
Kevin & Kimberly Dickison
4530 Ximinies Lane N.
Plymouth, MN 55442
Timothy & Laurie Demuth
4535 Wellington Lane N.
Plymouth, MN 55442
Darrell & Dianne Botzet
4545 Wellington Lane N.
Plymouth, MN 55442
Mark & Karen Mastel
4540 Wellington Lane N.
Plymouth, MN 55442
Mark & Rollie Evenson
4530 Wellington Lane N.
Plymouth, MN 55442
Thomas & Vicki Bishop
10690 - 45th Ave. N.
Plymouth, MN 55442
Eliot & Julie Stein
10685 - 45th Ave. N.
Plymouth, MN, 55442
Resident
10545 - 45th Ave. N.
Plymouth, MN 55442
Manager.
Hummingbird Cove Apts.
10465 - 45th Ave. N.
Plymouth, MN 55442
Resident
10565 - 45th Ave. N.
Plymouth, MN 55442
Resident
10525 - 45th Ave. N.
Plymouth, MN 55442
Resident
4545 Yorktown Lane N.
Plymouth, MN 55442
Resident
10585 - 45th Ave. N.
Plymouth, MN 55442
-2L - �\
am AUG 24'90
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 20, 1990
TO: City Councilmembers
FROM: Steven Correll - Police Services Supervisor
SUBJECT: VANDALISM COMPLAINT BY GERALD WILSON, 540 PINEVIEW
LANE, UNLISTED PHONE NUMBER
I was assigned by Chief Richard Carlquist to find reports of
vandalism made by Gerald Wilson. Mr. Wilson's name does not
appear in our APLIMS database. I was unable to contact Mr.
Wilson, so Community Service Officer Kulesa was assigned to
contact Mr. Wilson in the evening.
CSO Kulesa
made contact with Mr.
Wilson, who
claims to have
reported
incidents of mailbox
vandalism on
08/06/90 and
previously
at some time during May,
1990.
A computer check was run for all vandalisms in grids 34 and 35
from May 1, 1990 to August 10, 1990, with no hits being received
near 540 Pineview. At this time, to the best of my knowledge, we
have no record of these crimes being committed.
SC/sb
cc: Chief Richard J. Carlquist
CIM AUG 2
VA*
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wd
G G. son
ane
540 Tin'�Vle L
u 1& 'esota 55441-5734
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CIM AUG 2 4,go
M
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
IU
DATE: August 24, 1990
TO: James G i is, City Manager
FROM: Charl s lerud, Community Development Coordinator
SUBJECT: HENNEPIN COUNTY 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.
Based on the Development Review Committee findings of August 13, 1990 a
lengthly Stage II review letter is being prepared regarding the revised
project plans.
(pl/cd/trans.sta/S:jw)
CIM AUG 24'90
1 \�
SENIOR COMMUNITY SERVICES
1600 South 2nd Street, Hopkins, Minnesota 55343 933-9311
BOARD of DIRECTORS
Connie McCullough
President
Tom Ticen
1st Vice President
Alison Fuhr
2nd Vice President
August 21, 1990
Dear Reader:
Our aging population presents a major challenge *for our* : - ,>
communities to adjust and change during the 1990s. Senior -
Community Services is a partner with local communities to meet
the needs of this rapidly expanding population.
Walter Levesque Some positive changes we can expect to experience in an older
Secretary society are: safer driving; lower rates of illegal drug use;
increased involvement with churches, government, non -profits
John Blaser and other social institutions; a lower crime rate; a higher rate of
Treasurer savings; and a less consumptive lifestyle.
Merlyn "Doc" Meier
Past President
Leonard Kopp
Member -at -Large
Bob Miller
Member -at -Large
Toni Anderson
Karl Dansky
Councilperson Robert DeGhetto
Commissioner Tad Jude
John Nelson
Senator Gen Olson
Carla Pavone
Daralyn Peifer
Jean Rifley
Steve Rood
Ryan Schroeder
Linda Stokes
Benjamin F. Withhart
Executive Director
'4'
A United Way
Supported Agency
Older adults can be divided into at least three distinct generations
representing a richness of diversity, individuality, and uniqueness.
We all need to recognize the ageism inherent in the negative
statement: "Senior Citizens get too much." This backlash paints all
older adults with the same brush stroke and works against those
older adults truly in need. Retirees contain the wealthiest segment
of our population (55-65), however, they also contain the fastest
growing group in poverty (older, widowed women 75+).
Our aging society also presents us with many other challenges.
Service provision in the suburban area needs to be creatively
designed for communities developed around the automobile.
The aging housing stock in our suburbs presents individuals with
increased maintenance challenges at a time when many home
owners are experiencing diminished physical abilities.
Society needs to more fully tap the talent and expertise of older
people through innovative volunteer and employment programs,
like those developed at Senior Community Services. The steady
growth of the elderly population during the 1990s will give us an
opportunity to prepare for the retirement explosion of the baby
boomers in the next century. Senior Community Services is
working to meet the needs of older adults and their families today
while planning for the future.
Sincerely,
(, ��W.
Ben' min F. Withhart
Executive Director
CIM AUG 24'90
•— ` \ 1 //
`-C
Y\1L% v JLB4 V Y'WY %.F V
._
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`
Hostage
Choice Differences
� ��
s
.".':
• .
Is a Wa>r
t
If you want to know how much
that fails to teach basic skills. Bus-
Myers
trouble American public education is
loads of black parents recently went
Even If all lawyers
in, ask Albert Spanker, head of the'
to the state capital in Madison to show
most should probably'
American Federation 'of Teachers.
Mr. Grover who really supports Polly
conduct of foreign rel
Last month, he bluntly told delegates
Williams. A court has declared the
system that requires
to the union's convention it was time
voucher plan constitutional, and on
order, they -tend to cor,
to talk honestly"• about the abysmal
Monday a higher court denied a re-
rages with impotent
state of public education.
quest for an injunction against it.
the softest tools to th
But the call to into
r
"How bad are things?" he asked
his fellow teachers.. "Ninety-five per-
The situation is different a nee
trolt. There, voters elected a w
always an attempt to
the construction of
cent of the kids who go to college in
school board in 1988 that promised ed-
wth a great array of
wi
the U.S. would not be admitted to col-
ucational choice. But board members
U.S. and its allies arf
lege anywhere else in the world." If
have tired of hand-to-hand combat.
the Gulf, even the pay
any teachers doubted this, Mr.
with the resisting, unions, and have
give meaning to the
Shanker asked them to test their own
shelved real choice in favor of allow-
spring
rinllyintended. t Ma j
17-year-olds by having them explain a
newspaper editorial, write something
ing parent -teacher committees some
say over local school policy. The De
resolutions and Anda
"
or do a two-part math problem. "Do it
trait News reports that even this plan
value unaccompanied
power is improperly r
for yourself so you get a good picture
has met with such opposition from
crafted declarations
..
of where you are, he said. "You
principals that only six out of some
The number of Say
won't be moved to change unless you
25x0 schools are involved. Black par-
tages and hostages -in•
believe things are really bad."
ents grumble they may have to elect a
a hundred or so to a
Mr. Shanker admitted teachers
new board to secure real change.
Somewhere between Milwaukee's
pending upon whether
»- As Saddam's as:
needed "to came up with some kind of
system we can .put into our public
boldness and Detroit's passivity is
to local traditions su
dlstlnguish between c
:.
schools to show that something bad
New York state, which has proposed a
combatants Though r
will happen if we don't do a good job,
and something good will happen if we
series of conventional ,reforms to
make schools more accountable to
this as incomprehem
the urgeto martyrdo
-•
do." But then he repeated his opposi-
parents. But buried among them is a
traditions that, for c
='
tion to the one device that would fos-
bold proposal "to -reward schools for
success and mete out consequences
similarly threatening
gression we most ab
ter competition in education—choice.
He called instead for "restructuring"
for failure." Schools that failed to
"de-regis
"de
institution of long n
dation, and infinit
the public schools.
meet standards would be -regis-
tered" and closed. Their students
The president ba,
-
It is perhaps too much c expect
Mr. Spanker to endorse vouchers or
would then be allowed to use vouchers
actioanon while .
activity increase the
activity
tax -credit plans that may disrupt the
to attend other public or nonpublic
Reinforcing Sandi Ar.
job security of his members, but par-
schools.
Teacher unions fiercely oppose this
was the best initial st
opportunities arise it
ents have looked at what the 300!6 in-
in real spending on education
crease in
idea, calling it a backdoor effort to un-
dermine the public schools. But State
less, it accentuates
t�•.Mr• Bush has
since has bought them and in
Education Commissioner Thoma$ So-
Iraqis responsible
-
creasingly are deciding that choice,
not more money, is the answer.
bol says public schools should be
among them, but he
more specific. :
It seems there is growing support
forced to compete if they cannot per-
form at minimal level..
mean nuc rreets:
nothing. Iraqq should
among everyone except public -school
Opponents of both the New York
and its allies will per
�
careerists for the idea of choice. So
plan and Mrs' Williams say choice is
mals. Every soldier
it's now important to start sorting out
favored by elitists and the rich, ignor-
generals to privates,
choice plans that can work from those
ing polls that show blacks and the
have done before ar
that paper over the problem.
poor favor it more than the middle
when it was done it •
persevered through
One rule of thumb in assessing the
class, whose schools often still work.
half a century later
potential value of a choice plan is,
Both sides will be keenly watching the
the criminals, that if
how loudly do the defenders of the
November elections in liberal Oregon,
we would be hunting
status quo—union leaders and bureau-
where an educational -choice initiative
If the Implication ti
crats—condemm it? On that basis,
is on the ballot. It would allow stu-
declaration is that 1
Wisconsin state legislator Polly Wil-
dents to attend public schools outside
run as was Berlin,
Hams takes the honors. Next month
their area and provide tax credits for
should fid'
her voucher plan will pay up to $2,500
those wishing to go to private schools:
in the Seco
nd Churchill
voltt and
each to allow hundreds of poor Mil-
Poor people who paid no state income
punishment of war c
waukee students to attend private
would get a voucher of up to 52,500
of victory. and man;
nonsectarian schools.
a year to allow them to participate.
reties issued in th,
Herbert Grover, Wisconsin's
Educational choice is the key to
phatic: The St. Jam
Schools Superintendent, has waged a
solving the problems that Mr. Shanker
dam declaration, ti
f
legal war against the Williams plan•
and other educators now admit exist.
with compelling stm
1
This month, he accused Mrs. Williams
It would inject real opportunity into
tice shall be meted c
including those who
{;
of being "used" by business interests
America's depressed inner cities.
upon our prisoners
who want to. privatize education.
That's why the most fervent propo-
In October 1943,
Mrs. WilliamsWi says it is rather the
nents of genuine choice today are poor
g
The United Nations
Milwaukee public -school bureaucracy
and minority parents who see compe-
sion as an institutic
that has "used" her constituents'
tition as the only way to secure a
plication of the ne,
money to build an educational empire
quality education for their kids.
against war crime:
such steps is hard ti
sible to ignore the i
CIM AUG 2 4-90
•S
MDES •ADVENTURES
August 15, 1990
Richard Carlquist, Chief of Police
Plymouth Police
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Chief Carlquist,
I am writing to say thank you for the help one of your officers
gave to us recently. We didn't get his name written down, but
after a call to your department, I believe it is Office Dave Digatano.
We have a group of Japanese students here on an exchange program with
the Osaka, Japan YMCA and the Metropolitan Minneapolis YMA. Unfor-
tunately, one of the Japanese girls who was staying with a family in
Plymouth was sighted shoplifting a small item from the Holiday Plus
in Plymouth the evening of August 6.
the host parent, called me to explain the incident. She
indicated that she felt Officer Digatano handled things very well. She
said that he was very kind to the girls who were very upset. Also, since
their English skills are quite limited, he was very resourceful in getting
an ATT telephone operator who spoke Japanese on the phone to interpret.
Later that evening, the adivsor from the Japanese YMCA spoke to the girl
involved. She was very sorry and ashamed that she did it, didn't really
know why she had and said she had never done anything like that before.
She's fine now and is continuing with her exchange experience. We're
thankful that the police and Holiday Plus will not be pressing charges.
We're very, sorry this incident happened involving one of our YMCA exchange
participants. Please thank Officer Digatano and commend him for his
service in a difficult inter -cultural situation. Thank you.
Sincerely,
IV umc��
Nancy Weidler
YMCA Camp Menogyn
4 West Rustic Lodge Ave.
Minneapolis, MN 55409
(612) 823-5282
YMCA of Metropolitan Minneapolis
T CIM AUG 2 4 '90
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
August 22, 1990
Edward J. Hance�sq.
Hance & LeV , Ltd.
2401 L y Avenue Northeast
Minn apolis, MN 55418
HoLmEs & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612)337-9300
�Re: Proposed Plymouth Community Center/BWBR Suspension Fees
Dear Mr. Hance:
Enclosed is a check in the amount of $29,558.80 payable to BWBR
Architects, Inc. The check represents the suspension fee payment
pursuant to paragraph 10.4 of the contract. The suspension fee
was computed as follows:
Amount Earned
Schematic Design $119,225.71
Design Development 158,967.62
Bid Pack I 15,437.14
TOTAL $293,630.47
Project Suspension Fee (10%) $ 29,363.05
Interest at 8% for one month $ 195.75
(Interest began accruing on
8/l/90; 60 days after receipt
of BWBR's 5/31/90 invoice)
TOTAL $ 29,558.80
Please feel free to contact me if you have any questions.
Sincerely,
ames J. Thomson
JJT/amm
Enclosure
cc: U mes Willis
John M. LeFevre
CIM AUG 2 '90
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
August 22, 1990
Mr. S. Todd Rap
Bernick and son
Parkdale , Suite 200
5401 ble Drive
Mi eapolis, MN 55416
Re: City Project No. 948/Robert McGraw
Dear Mr. Rapp:
—A--- \ ZS n
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9300
Your August 13, 1990 letter to Mr. Willis and Mr. Pouliot has
been referred to me for response. I have discussed the matter
with Fred Moore and we believe that you are not aware of all of
the facts. Fred and I are available to meet with you and your
client next week to discuss the matter. I suggest that the
meeting be at the Plymouth City Center. Fred and I are available
either at 8:00 a.m. Tuesday, August 28, or 4:00 p.m. any day
except Friday, August 31. Please contact me and let me know when
you would like to meet.
Sincerely,
Umes J .Thomson
JJT/amm
PL100-32PW
cc: L'dames Willis
Fred Moore
CIM AUG 2 4'90
N - N1*4�1 Q--1
KAY MITCHELL �41N co PHONE
CLERK TO THE BOARD Q. 348-5433
W � A
BOARD OF HENNEPIN COUNTY COMMISSIONERS
r
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
August 13, 1990
Mr. Bob Zitur
Council Member
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Zitur,
As you may know, your term on the Community Action for
Suburban Hennepin (CASH) Board is due to expire shortly.
Under the open appointments policy of the Hennepin
County Board of Commissioners, it is necessary for the
vacancy to be announced at a Board meeting and applications
solicited through the media.
If you are interested in being reappointed to the
committee, would you please indicate by letter to me,
together with an updated resume if possible.
Applications close September 20, 1990 and you are
invited to appear before the Commissioners for an interview
at a Ways and Means Committee meeting on Thursday, September
27, 1990, commencing at 10:00 a.m. in the Board Room on the
24th floor of the Administration Tower in the Government
Center.
If you will not be able to attend the meeting or if you
have any questions, please call me.
Yours truly,
Kay M t hell
Clerk the Board
KM/br
CIM AUG 2 4 `90
August 23, 1990
Mr. Ray Perry
Deerhaven
11335 - 57th Avenue North
Plymouth, MN 55442
1i
CIN OF
PLYMOUTH
SUBJECT: NATURAL PRESERVES
Dear Mr. Perry:
As you requested, I am sending a copy of the City's weed control
ordinances. The ordinance provides that certain areas within the
community, which are defined as natural preserves, need not
comply with the 8 inch height maximum in the city code. Natural
preserves are "publicly owned lands designated as park or open
space, or private properties approved by the City which are set
aside to preserve their natural characteristics and qualities."
In the past, the City Council has approved natural preserves. In
order to have the City Council consider this matter, I would
recommend the following:
1. Prepare a petition signed by the Deerhaven Homeowner
Association representatives and any other effected
property owners supporting "the proposal that an area
within Deerhaven be declared as a natural preserve.
2. Prepare a map or picture showing the specific areas to be
defined as a natural preserve. I have attached copies of
half -section maps which may assist you in this effort.
You may wish to sketch the area to be declared natural
preserve freehand to better portray its dimensions,
location relative to County Road 10, Zachary and the
walking path.
3. Submit these materials to me at your earliest
convenience.
After receiving your request and attachments, I will ask the Weed
Inspector, Glen Upton, to review the request to determine whether
there are noxious weeds in the area and whether or not, in his
opinion, any form of public safety or health problem could result
from a natural preserve determination. Once I have received his
report, I will forward the matter to the City Council for their
consideration. If the Council approves the area as a natural
preserve, then the only requirement of the homeowner association
would be to ensure that there are no noxious weeds in the area.
CIM AUG 2 =l�
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. Ray Perry
August 23, 1990
Page 2
w
Let me knowif you have any questions. My direct line is
".-
50-501 .
i certal
FZaW B01 e
Assi t ity Manager
FB:kec
cc: Glen Upton, Weed Inspector
CSM AUG 2 4 '90
Plymouth City Code
Section 810 - Assessable Current Services
810.01 (Rev. 1988)
810.01. Definition. The term "current service" as used in this ordinance means
one or more of the following: snow, ice, or rubbish removal from sidewalks;
weeg elimination from street grass plots adjacent to sidewalks or from private
property; elimination of sight obstructions within rights-of-way; removal or
elimination of public health or safety hazards from private property, excluding
any hazardous building included in Minnesota Statutes, Sections 463.15 to
463.26; installation or repair of water service lines; street sprinkling, street
flushing, light street oiling, or other dust treatment of streets; repair of
sidewalks and alleys; and the operation of a street lighting system-. (Amendgd,
Ord. No. 88-46, Sec. 1)
810.03. Weed Elimination. Subdivision 1. Noxious Weeds. Plants defined by
the Minnesota Commissioner of Agriculture to be injurious to public health,
public roads, crops, livestock and property are hereby defined as noxious weeds.
The owner or occupant of land containing noxious weeds shall cut, eradicate and
destroy such weeds to reduce the incidence to such weed and prevent its spread.
(Amended, Ord. 81-06, Sec. 1)
Subd. 2. Weeds as a Nuisance. Weeds, tall grasses nd other rank or
harmful vegetation, excluding noxious weeds, growing upon any lot or parcel of
land outside the travelled portion of any street or alley in the City of
Plymouth, exceeding the height of eight (8) inches on properties other than
agricultural or natural preserves shall be cut, destroyed, or otherwise eradi-
cated by the owner or occupant of the property. Agricultural land shall be
properties located in the FRD zoning district and under current cultivation or
properties used for grazing purposes or undeveloped land not in the FRD district
excluding portions of such property abutting within 200 feet of property devel-
oped or under development, improved public or private facilities or city
streets. Natural Preserves shall be publicly owned lands designated as park or
open space or private properties approved by the City which are set aside to
preserve their natural characteristics and qualities. (Amended, Ord. 81-06,
Sec. 2; Ord. 82-12, Sec. 1)
Subd. 3. General Notice. On or before June 15 of each year, or at such
other times as directed by the Council, the City Clerk shall publish once in the
official newspaper, a notice directing owners and occupants of property within
the city to destroy all weeds declared by Subdivision 1 and 2 to be noxious or a
nuisance and stating that if not so destroyed within ten days after publication
of the notice, the creeds will be destroyed by the City at the expense of the
owner and if not paid, the charge for such work will be made a special assess-
ment against the property concerned. (Amended, Ord. 81-06, Sec. 3)
Subd. 4. Notification Procedure. Owners or occupants of lands containing
noxious weeds requiring removal shall receive written removal notice by certi-
fied mail return receipt requested to the address of the owner of record.
Refusal to accept such notice shall not constitute a defense that the notice was
not received. Owners or occupants of properties containing vegetation declared
to be a nuisance shall be notified by first class letter. Notification shall
include pertinent information regarding the nature of the violation, method of
eradication and notification that ten (10) days from the mailing date of the
letter is provided for weed removal. (Amended, Ord. No. 81-06, Sec. 4)
CIM AUG 2 4 '90
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C/M AUGh
'90
August 22, 1990
Mr. Sam Sivanich
Chair
Hennepin County Board
of Commissioners
2400 Administrative Tower
Hennepin County Government
Minneapolis, MN 55487
1 ciN of
PLYMOUTFE
Center
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear Commissioner Sivanich:
Last Monday evening the Plymouth City Council adopted the
attached resolution indicating three suitable sites it supports
for the proposed Plymouth Community Library. Our community is
still deeply committed to working with you, your fellow County
Board Members, as well as the County Library Board and its staff
in order that a Plymouth library can become a reality.
It is our understanding that the current capital budget for the
County continues to provide for the acquisition of a Plymouth
library site in 1991. We strongly support the selection of a
site as soon as possible in order that actual construction may
commence in 1992. The three sites selected reflect, in the
City's view, appropriate sites for the library.
Thank you for your continued interest and support for the
Plymouth Community Library.
Yours truly,
J �G.illis
Ci er
JW:kec
cc: Hennepin County Commissioners
Mayor & City Council
Mr. Dale A. Ackmann, County Administrator
Mr. Robert Rohlf, Director - Hennepin County Library
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 C!M AW24 ,90
August 22, 1990
Mr. Robert H. Rohlf
Director
Hennepin County Library
12601 Ridgedale Drive
Minnetonka, MN 55343
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear Mr. Rohlf:
The Plymouth City Council has adopted the attached resolution
which identifies three preferred sites for the proposed Plymouth
Community Library. The three sites are offered to provide you
and the Library Board with distinctly different sites, any one of
which we believe would meet the needs for the Plymouth Community
Library. You will note that the sites are located in the
"downtown" Plymouth area, the area which is preferred by the City
for the Plymouth Community Library.
As you are aware, Supervalu is currently developing its new
67,000 square foot Cub Food Store on the property immediately
west of site 2 on the attached graphic. This development has
triggered substantial interest on the part of other landowners
and developers who recognize that with this substantial
investment, additional development in the downtown Plymouth area
is eminent.
We would like to meet with you and/or your staff as soon as
practical to discuss these three sites. Please contact me at
your earliest convenience in order that we might schedule a
meeting to discuss this matter more fully.
Yours truly,
mss
J es G. Willis
Cit Manager
JW:kec
cc: MayorN& City Council
Hennepin County Board of Commissioners
Dale A. Ackmann, County Administrator
CIM AUG 2
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 9Q
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
20th day of August, 1990. The following members were present:
Mayor Bergman, Councilmembers Helliwell Ricker, Vasiliou, and
Zitur. The following members were absent: None
Councilmember Vasiliou introduced the following resolution
and moved its adoption:
RESOLUTION NO. 90-497
LOCATION OF LIBRARY IN CITY OF PLYMOUTH
WHEREAS, the citizens of Plymouth desire to have a library
established within their community; and
WHEREAS, the Hennepin County Library Board has in its five-year
Capital Improvement Program contemplated a new Plymouth community
library; and
WHEREAS the Library Board and County Board of Commissioners will
be working in the months ahead to further develop the plans for
the proposed Plymouth library, including the selection and
acquisition of a site.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Plymouth that the Library Board and County Board of Commissioners
consider any one of the three sites identified on the attached
Exhibit A to this resolution as potential sites for the proposed
Plymouth library.
BE IT FURTHER RESOLVED, that the City of Plymouth will work with
the Library Board and Hennepin County Board of Commissioners in a
cooperative fashion to facilitate the acquisition and the
development of a community library in Plymouth.
The motion for adoption of the foregoing resolution was duly
seconded by Councilmember Zitur, and upon vote being taken
thereon, the following voted in favor thereof: Mayor Bergman.
Councilmembers Helliwell. Ricker, Vasiliou, and Zitur. The
following voted against or abstained: None
Whereupon the resolution was declared duly passed and adopted.
CIM AUG 2 4 '90
Ol
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44
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31ST AVE N
August 22, 1990
Senator James Ramstad
District 45
123 State Office Building
St. Paul, MN 55155
CIN OF
PLYMOUTR
=- \�3-4;i�
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear Se amstad:
We want to ep you informed about the progress of the proposed
Plymouth Community Library.
The current County Five -Year Capital Budget contemplates the
acquisition of a site for the Plymouth Community Library in 1991,
with construction in 1992. We strongly support this program and
know we can count on your continued support as well!
The City Council has adopted a resolution which has been
forwarded to the County. Board of Commissioners and the County
Library Board indicating three possible sites for the library.
Attached is a map showing the location of each of these three
sites, all of which are located in the "downtown" Plymouth area.
Plymouth has sought a community library for many years. Now that
the goal is in sight, we want to make sure that you and others
will continue to know of our keen interest in having this project
moved forward.
Yours truly,
ame G. Willis
City anager
JW:kec
cc: Mayor & City Council
CIM AUG 24 `90
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
August 22, 1990
Representative Warren Limmer
District 48A
Room 327 State Office Building
St. Paul, MN 55155
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear Re 'pmer:
=-- \ 9 -e_,
We want to keep you informed about the progress of the proposed
Plymouth Community Library.
The current County Five -Year Capital Budget contemplates the
acquisition of a site for the Plymouth Community Library in 1991,
with construction in 1992. We strongly support this program and
know we can count on your continued support as well!
The City Council has adopted a resolution which has been
forwarded to the County Board of Commissioners and the County
Library Board indicating three possible sites for the library.
Attached is a map showing the location of each of these three
sites, all of which are located in the "downtown" Plymouth area.
Plymouth has sought a community library for many years. Now that
the goal is in sight, we want to make sure that you and others
will continue to know of our keen interest in having this project
moved forward.
Yours truly,
r
J s Willis
Ci M ager
JW:kec
cc: Mayor & City Council
CIM AUG 24'90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
August 22, 1990
Representative Jim Heap
District 45B
281 State Office Building
St. Paul, MN 55155
CIN OF
PLYMOUfFF
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear ki5pr".0 -Heap:
We want to keep you informed about the progress of the proposed
Plymouth Community Library. I.
The current County Five -Year Capital Budget contemplates the
acquisition of a site for the Plymouth Community Library in 1991,
with construction in 1992. We strongly support this program and
know we can count on your continued support as well!
The City Council has adopted a resolution which has been
forwarded to the County Board of Commissioners and the County
Library Board indicating three possible sites for the library.
Attached is a map showing the location of each of these three
sites, all of which are located in the "downtown" Plymouth area.
Plymouth has sought a community library for many years. Now that
the goal is in sight, we want to make sure that you and others
will continue to know of our keen interest in having this project
moved forward.
Yours truly,
ne
G. Willis
anager
JW:kec
cc: Mayor & City Council
CIM AUG 2 4 'JO
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
August 22, 1990
CITY OF
Representative Ron Abrams PLYMOUTH
District 45A
Room 211 State Office Bldg.
St. Paul, MN 55155
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear RepyAnAnt Abrams:
We want to keep you informed about the progress of the proposed
Plymouth Community Library.
The current County Five -Year Capital Budget contemplates the
acquisition of a site for the Plymouth Community Library in 1991,
with construction in 1992. We strongly support this program and
know we can count on your continued support as well!
The City Council has adopted a resolution which has been
forwarded to the County Board of Commissioners and the County
Library Board indicating three possible sites for the library.
Attached is a map showing the location of each of these three
sites, all of which are located in the "downtown" Plymouth area.
Plymouth has sought a community library for many years. Now that
the goal is in sight, we want to make sure that you and others
will continue to know of our keen interest in having this project
moved forward.
Yours truly,
s G. Willis
City Manager
JW:kec
cc: Mayor & City Council
C/M AUG 24190
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
August 22, 1990
(i.
1 carr of
Senator Patrick McGowan PLYMOUTH -
District 48
132B State Office Building
St. Paul, MN 55155
SUBJECT: PLYMOUTH COMMUNITY LIBRARY
Dear Sen ttar- xGGowan :
We want to keep you informed about the progress of the proposed
Plymouth Community Library.
The current County Five -Year Capital Budget contemplates the
acquisition of a site for the Plymouth Community Library in 1991,
with construction in 1992. We strongly support this program and
know we can count on your continued support as well!
The City Council has adopted a resolution which has been
forwarded to the County Board of Commissioners and the County
Library Board indicating three possible sites for the library.
Attached is a map showing the location of each of these three
sites, all of which are located in the "downtown" Plymouth area.
Plymouth has sought a community library for many years. Now that
the goal is in sight, we want to make sure that you and others
will continue to know of our keen interest`in having this project
moved forward.
Yours truly,
J G. Willis
ity anager
JW:kec
cc: Mayor & City Council
CIM AW 2 ,
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CIN OF
PLYMOUTFF
August 17, 1990
Mr. Randy L. Begin
4415 West Medicine Lake Drive
Plymouth, MN 55442
SUBJECT: Illegal depositing of fill material - 5525 Xenium Lane North
Dear Mr. Begin: `
On August 8, 1990, I met with you at the above property concerning the deposit
of fill material which had been witnessed earlier by a City Inspector.
During our conversation, you explained that the fill material stockpiled along
the fence line adjacent to Xenium Lane was to be used to create a level graded
area for the parking of construction equipment. You indicated that the
stockpiled material consisted of approximately 17 cubic yards, and that three
additional truck loads of dirt (approximately 24 cubic yards) on the site
would be needed to complete the grading of the pad. I explained to you that
you could proceed with this work, as the total number of cubic yards you
intended to deposit was less than 50, and that no grading permit or
Conditional Use Permit would be required.
You confirmed that additional -fill material was
on the property behind your brothers dwelling.
stockpiled material was to be mixed with manure
customers. You were advised at that time that
deposited there or elsewhere on the property,
approvals had been obtained.
being deposited further west
You indicated that this
and eventually sold to
no further material could be
until appropriate City
I requested that you provide me with a letter explaining in detail, the number
of cubic yards of material that you proposed to deposit on the property as
well as the nature and scope of your proposed activity. I explained to you
the City's concern with respect to a commercial use and business operation on
the property, and reminded you that the City's order for injunction
prohibiting the deposit of fill material on the property was still valid.
Your father, Jerome, joined us and you assured me that you would provide me
with the letter and agreed not to deposit any additional fill on the property
other than that which I had authorized for the parking pad, until you had
received appropriate City approvals.
C!M 4G& , , i
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Page 2 If
Randy L. Begin
August 17, 1990
Your August 9, 1990, letter to me does not explain the amount of fill material
you propose to deposit on the property. Your letter also suggests the intent
to conduct a commercial operation from the premises.
A Conditional Use Permit is required for Land Reclamation. The ordinance
defines "Land Reclamation" as "depositing 50 cubic yards or more of material
so as to elevate the grade."
Business activities are also limited to specific Zoning Districts and, in the
case of the Future Restricted Development District and all residential
districts, the ordinance is very limiting as to the type of business activity
that may be conducted.
I am therefore requesting that you provide me with additional written
verification as to your proposed intentions.
I received an inquiry from a Councilmember on August 16, about fill material
being hauled onto this property. I verified that, and noted it was going to
the west area. Be advised that bringing fill material onto the property
without a permit is a violation of the City Code and is contrary to the court
ordered injunction against that activity on this property.
The filling and business activities should cease until appropriate permits are
issued. Consider this letter a stop order. Violations of the City Code will
be prosecuted.
Please contact me at 550-5031 should you have any further questions.
Sincerely,
Joe Ryan
Building Official
cc: File
Brian Begin, 5525 Xenium Lane North, Plymouth, MN 55446
bu/jr/rbegin
CIM AIIC t
4-1
AUGM � 2LIEWN
.�� �� ��'
��� _- 1990
CITY
-8TY OF PLYMOUTH
COMMUNITY DEVELOPMENT DEPT.
Ranoy L. Begin
4415 West Medicine Laxe Drive
Plymourh, Minnesota 55442
559-4307
August 9, 1990 '
Mr. Joe Ryan - Building Official
City of Plymouth
3�0V �iymourh Blvd.
Pivm0ur1, Minnesota 55447
Re: 81ack Dirt/Manure Mixing
Dear Joe:
I am writing a foilow-up to our conversation, yesterday.
'
My fatner ancl mother have gone out of tne dirt ano exca-
varzon ouszness(es) . They have no intention on starting uo
those ousznesses agaln.
j own my own truck ano nave cusromers that s7zl1 want
oiacx oirr ano manure mixtures deiivereo -co tnem. i usually
haul b�acx dzrr up ro rhe farm (wnere we met) ano mix it with
the manure rnat had oeen raxen out of tne various
sra�1s/oarns/pa��oc�s w! len we nao blacx angus. My far -her has-
yards
asyards of manure tnat ne said l coulo have.
1 oelieve rnat i should have tnat removed off tne site
oy cne eno of this fail.
Szncereiv,
Hal -110v L. 6eq3-171
Rlh�,:oso
QM ����
AW,24�m
August 17, 1990
Mr. Len Busch
Len Busch Roses
4045 Highway 101
Plymouth, MN 55446
Dear Mr. Busch:
City Manager Jim Willis and I had an opportunity to meet with Peter Pflaum and
Bill Pritchard to discuss their concerns about your use of lights andyour
plans for mitigating the impact of the lights.
They shared with us the August 1, 1990 meeting notes from meetings they had
with and you there is one area that needs to be addressed for clarification at
this time. While you and the developer representatives indicated desire of
the City Council to enact a City-wide ordinance related to glare and
illumination on or before April 1, 1991, it should not be presumed that that
will happen and that it would alter the nature of the plan you are to submit
to the City. The City Council did not indicate to you that there would be
such an ordinance and that it would have a role in determining the nature of
your plan which is due by'September 1.
The meeting notes that were shared with us indicate that your facilities would
be screened "in conformance with the adoption of the new City ordinance
dealing with glare" in 1991 and 1992. The degree of screening at this time
will be a function of the plan you submit for "abatement of the light emitted
from existing buildings by September 1, 1993 so that no glare is produced,"
according to City Council Resolution No. 90-355.
You indicated to the City Council that there were systems and devices that
could screen greenhouses for the purpose of blocking light and containing heat
and the City Council understands that the capital cost and time it takes to
implement such systems warranted a plan that could be put into effect over a
period of time::,,
Jim Willis and I shared this information with Mr. Pflaum and Mr. Pritchard and
indicated that the City hopes to resolve the concerns and problems without
elaborate procedures and enforcement action.
I also informed them that your Landscape Plan for the screening along Medina
Road did not have to consist solely of berming. You and I discussed this
recently and I think the language in the resolution is clear; you may use a
variety of techniques to provide effective screening.
11 . CiM A
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000
^') \
Mr. Len Busch
August 17, 1990
Page Two
The matter is scheduled for consideration by the City Council at their
September 10, 1990 meeting and I urge you to submit the plan called for by the
resolution as soon as possible so that we can review them with you and develop
a report to the City Council.
We appreciate your willingness to meet with the developers who have a
continuing interest in the mitigation of the light in this area and it is
consistent with the City's hope that we can resolve the situation without the
exercise of costly and complex legal process.
Sincerely,
Blair Tremere
Community Development Director_
Enclosure
cc: James G. Willis, City Manager
File 90039
CIM Ur �,� .
C
a4 ,11-
us•Mom��,
005
Thompson Land Development Division
300 South County Road 18 Suite 870 St. Louis Park, Minnesota 55426 (612) 544-7333
FILE COUR"?
August 1, 1990 b 0 38
RE: Meeting notes of July 23rd and 31st with Len Busch, Pat- Etzel (met
only on the 31st), Peter Pflaum and Bill Pritchard
The purpose of the meetings were to discuss the concerns regarding
the need to screen greenhouses, the number to be screened and a time
schedule. The intent of these meetings was to reach a mutually agreeable
solution between ourselves and Mr. Busch concerning the illumination
and glare from the greenhouses.
It has been the opinion of the surrounding developers who own
property near Mr. Busch's operation that the -greenhouses ,should be
screened no later than August or September 1991. These property's
owners position are summarized in the letters to the City Council on
June 14, 1990 and again in a letter to Mr. Busch dated July 6, 1990.
The City Council did approve Mr. Busch's application for a site
plan, Resolution 90-355 with Condition No. 13 that states "The petitioner
shall submit by September 1, 1990 a detailed schedule and plan for
abatement of the light emitted from existing buildings by September 1,
1993 so that no glare is produced and no new greenhouses shall be constructed
on the site until such plan has been approved by the City Council".
Mr. Busch does believe that the City will pass a glare ordinance
and once it is passed he will have to be in compliance; however, Mr.
Busch's concern is that nobody knows what the ordinance will be and
depending on the language of the ordinance Mr. Busch believes that
there is a possibility that maybe only a portion and/or a percentage
of the greenhouses would need to be screened in order to be in compliance.
In addition, Mr. Busch is unsure that the screening he is proposing
will work and desires some flexibility to experiment.
Both parties were able to'reach a compromise regarding several
issues and have expanded on the City Council approved Resolution 90-355.
The items of mutual agreement are as follows:
1) Both parties desire that the City Council enact a city-wide
ordinance related to glare and illumination. It is the request
of both parties that this process to develop an ordinance
begin as soon as possible and that final approval be obtained
no later than April 1, 1991.
C4M AUG 24 '90
Page Two - neeLing 1v� ::b �LU11L „�,,.., a=•� - ��
August 1, 1990
2) It was agreed that a proposed phasing of the greenhouses be
screened per the following schedule:
September 1, 1990 The two (2) new greenhouses under
construction will be screened.
September 1, 1991 Four (4) additional greenhouses abutting
Medina Road will be screened, in addition
if Mr. Busch builds out his site plan,
the four new facilities would also be
screened at the time of constructionM��� S.14110)September 1, 1992 The re a -ir+g 50% of the existing facilities
would be screened by 09/01/92 in conformance
with the adoption of the new City ordinance
dealing with glare. Xof
04 S„� ylqJg4
September 1, 1993 The balance of the the existing
facilities would be screened by 09/01/93
pursuant to the new City ordinance dealing
with glare, to be in conformance with
that ordinance.
3) It was desired that a berm should be constructed and landscaped
along Medina Road if only to provide for a transition between
adjoining properties and for privacy.' It was believed that
the berm did not need to be placed along the entire length
of Mr. Busch's property, but rather only where the greenhouses
exist. The actual design and length of the berm would need
the approval of the City Council. It was agreed that U.S..Home
and Mr. Busch would work jointly on -the design of the berm
and landscape plan and that U.S. Home would agree to pay for
the design of the plan. It was also agreed that Mr. Busch
would not be adverse to allowing the City to stockpile excess
material on his property if Medina Road did generate excess
fill while under construction. The actual construction and
completion of the berm would be in place within one year following
the start of construction on the upgrading of Medina Road.
It is the desire of both parties to have the terms and conditions
of this agreement to become a part of the City of Plymouth's Amendments
to Resolution, 90-355 which calls for a detailed schedule and plan for
abatement of *:t* light emitted from existing buildings by September 1, 1990.
C/M AUG,2 ,30
EIDEN CONSTRUCTION INC.
Custom Home Builders
4100 BERKSHIRE LANE 'PLYMOUTH, MINNESOTA 55446
(612) 559-0251
August 16, 1990
Jim Willis
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55441
Dear Jim:
Per our phone conversation, I want to reiterate that I have
talked to my carpentry crew and developing contractor that is
working at Hawthorne Place in the City of Plymouth. I have
confirmed for a second time that no work is supposed to be
proceeding until 7 a.m. up until 10 p.m. of the working week. I
apologize for the start up of a caterpillar this morning. I did
talk to Russ Widmer and he did apologize to me, confirming that
he knew operation wasn't supposed to start until 7 a.m.;
apparently they had a machine that broke down that they needed to
start to load onto their moving truck. I hope that this will not
happen again for the duration of the project at Hawthorne Place.
Please accept my apologies.
Sincerely yours,
Anthony iden
Eiden Construction, Inc
cc: Joe Ryan, Chief Building Inspector
ATE/lk
C44 AUG 2 4 .00
CIN OF
PLYMOUTFF
August 16, 1990
Mr. Tony Eiden
Eiden Construction
4100 Berkshire Lane
Plymouth, MN 55446
RE: HAWTHORNE PLACE
Dear Mr. Eiden:
This letter is to confirm our conversation which took place yesterday
concerning the hours of construction activity which has occurred at your
development referenced above.
As indicated, the Plymouth City Code contains provisions which restrict noise
and hours of operation within residential areas. No construction activity is
to occur outside the hours of 7:00 a.m. through 10:00 p.m. (See enclosed).
Please advise your employees and subcontractors of this code requirement.
Your immediate attention to this matter is appreciated.
Sincerely,
Joe Rya
Building Official
cc: File
CIM AUS 2 4 'go
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
Plymouth City Code 2005.01 (Rev. 1979)
Section 2005 - Misdemeanors: Special
Provisions
2005.01. Making Unnecessary Noise. Subdivision 1. General Rule. No person, in
any public or private place, shall make, or assist in making, by any manner or
means, any loud, unpleasant or raucous noise or odor disturbing the others
unless the same be reasonably necessary to the preservation of life, health,
safety or property.
Subd. 2. Noise in Residential Areas. No person shall, between the hours
of 10:00 p.m. and 7:00 a.m., congregate because- of or participate in arjy party
or gathering of people from which noise emanates of a sufficient volume so as to
disturb the peace, quiet or repose of persons residing in any residential area.
(a) A police officer may order all persons present other than the
owners or tenants of the building or place to immediately disperse. Any
person who shall refuse to leave after being ordered to do so by a police
officer shall be guilty of a violation of this Section.
(b) Any owner or tenant of the building or place who has knowledge of
the disturbance and fails to immediately abate said disturbance shall be
guilty of a violation of this Section. (Ord. 79-16, Sec. 2.)
Subd. 3. Unlawful Assembly on Private Property. No group of three or more
persons shall gather, assemble or congregate for any purpose on private property
which is not owned by one of them or with regard to which one of them is not
legally entitled to possession without written permission of the owner of such
property or the person who is legally entitled to possess such property after
having been ordered to disperse.
2005.03. Obscene Literature. No person shall bring or cause to be brought into
the City, or shall buy, sell or cause to be brought or sold, or advertise, give
away, offer, show, exhibit, post, distribute, design, copy, draw, photograph, print,
etch, engrave, cut, carve, make, piiblish, or otherwise prepare, or assist in pre-
paring, or receive subscriptions for, any indecent or obscene picture, book,
pamphlet or magazine.
2005.05. Resisting a Public Officer. It is unlawful for any person to wilfully
resist, delay or obstruct a public officer in discharging or attempting to
discharge a duty of his office.
2005.07. False Statements. It is unlawful for any person to make a false
statement in an application for any permit or license from the City.
2005.09. Fire Alarm System and False Alarms. It is unlawful for ary person to
tamper with or in any way interfere with any element of ar{y fire alarm system
within the City. It is unlawful for any person to give, or cause to be given,
ar{y alarm or other emergency condition when no fire or emergency condition exists.
2005.11. Obstruction of Fire Hydrants. It is unlawful to park any vehicle in
such a way as to obstruct a fire hydrant. The stopping or parking of a vehicle
within 10 feet of a fire hydrant is an obstruction of the hydrant and a violation
of this subsection.
CIM t .
August 23, 1990
Mr. Tony Eiden
Eiden Construction Company
4100 Berkshire Lane
Plymouth, MN 55446
RE: HAWTHORNE PLACE
Dear Mr. Eiden:
Your willingness to work with the City and the neighbors to make the adaption
to the construction of Hawthorne Place more palatable is appreciated. I
understand you have had contact with Building Official Joe Ryan about the
early morning construction noise; we have received several calls regarding
that.
The purpose of this letter is to share with you some thoughts and observations
I have developed recently in discussions with Mrs. Margaret Crowder and Mr.
Walsh who are neighbors at 17720 6th Avenue North and 17800 6th Avenue North
respectively. Public Works Director Fred Moore and I met with them last week
to discuss the transition between your development which abuts their yard,
especially along your Lot 6 at the end of your cul-de-sac street.
One concern which we have discussed previously is the nature of the maximum 4
foot high retaining wall that is to be constructed and it would be helpful if
you could share with them the proposed design of that wall when you have
finalized it.
The wall will be northerly of the actual property line thus leaving a strip or
zone atop the wall northerly of their property line; they have maintained that
area over the years as an extension of their yard and they now are concerned
about the use and maintenance of that area as well as the liability for
guarding against unsuspecting persons and children approaching the retaining
wall dropoff.
Fred Moore and 1 believe that a common sense measure would be some fencing or,
perhaps, dense shrubbery along that entire area. This would address what
seems to be a potential liability matter and also the need to clearly mark
where the property ownership transition occurs.
We found both Mrs. Crowder and Mr. Walsh amenable to discuss details with you.
I recommend that you consider contacting them as you finalize your development
plans for that area. You, the neighbors, and the future residents of your
subdivision will benefit from the planning now.
CIM AUG
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. Tony Eiden
August 23, 1990
Page Two
lj
1
Thank you for your cooperation and assistance in this matter. Please call me
or Fred Moore if you have any questions.
Sin erely,
Blair Tremere
Community Development Director (pl/bt/eiden:jw)
cc: File
t
CIM AUG 2 4 '90
August 13, 1990
Allied Blacktop Company
10503 89th Avenue North
Maple Grove, MN 55369
Gentlemen:
On Thursday, August 9, 1990 at about 11:20 a.m. we observed your employees on
a sealcoating project in the 1300 block of Dunkirk Lane, Plymouth, Minnesota.
We noticed an absence of signalmen, warning signs, barricades or traffic cones
to protect the work, the public or your workers. In addition, we noticed that
the employees at the job site were not wearing safety vests which places them
at danger from vehicular traffic.
You agreed to comply with paragraph 8 of the 1990 specifications for
sealcoating and any further violations of the specifications may jeopardize
future contracts with the City of Plymouth.
Very truly yours,
Robert J. Pemberton
Risk Management Coordinator
cc: Dale E. Hahn, Finance Director
Frank F. Boyles, Assistant City Manager
Fred Moore, Director of Public Works
Dan Campbell; Senior Engineering Technician
CIA1 AUG 24-'30
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
7. EQUIPMENT
a. Distributor
The bituminous material shall be applied with a distributor meeting
the requirements of 2321.3C1.
b. Aggregate Spreader
The cover aggregate shall be applied with an approved mechanical
type aggregate spreader that is capable of distributing the
aggregate uniformly to the required width at the designated rate,
with the application being sharply defined at the edges.
The aggregate spreader shall be self-propelled type mounted on pneu-
matic -tired wheels that are so located as to operate on the freshly
applied aggregate.
C. Pneumatic -Tired Roller
Pneumatic -tired rollers shall be self propelled and shall weigh not
less then 200 pounds per inch of rolling width.
S.
Traffic rerouting shall be the responsibility of the Contractor, which
shall include .all flagmen, barricades, warning signs and traffic cones
to adequately protect the work. Traffic cones shall be spaced not more
than 100 feet along the inner longitudinal edge of the freshly
constructed seal coat. All barricades and warning signs must be in
conformance with the Minnesota Manual of Uniform Traffic Control
Devices.
No pilot car will be required to guide vehicular traffic.
It will be the Contractor's responsibility to post street with No
Parking signs 24 hours in advance of seal coating.
The bituminous seal coat shall be paid for by applying the unit square
yard prices as bid to the surface areas as measured. The Contractor
shall be responsible for obtaining the proper yield. Although not
required':,. to' calculate payment quantities, weight slips shall be
furnished by the Contractor with each load of bituminous material and
each load of cover aggregate delivered to the job. Deductions may be
made for underrun of materials supplied based on a square yardage yield.
Close control shall be required.
10. FINA SWEEPING
The Contractor shall sweep up the excess aggregate starting ten (10)
calendar days, but not more than fifteen (15) calendar days, after
completion of the seal coat application, but shall be completed within
15 calendar days. This sweeping shall be with a pickup power sweeper
and shallcontinue until all loose aggregate is completely cleaned up to
the satisfaction of the City Engineer.
The excess aggregate shall be disposed of at the City Public Works
Garage site at 14900 23rd Avenue North.
Clot ALIG 2 ' Q
August 16, 1990
Mrs. Jan Witkowski
12350 - 46th Avenue North
Plymouth, MN 55442
Frank Boyles
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN
Dear Mr. Boyles:
I would like to bring to your attention some items of concern to me as a
Metrolink rider of number 93A and then 93B, but first let me say that overall
I am pleased with the service. The drivers are courteous, no one has to
stand up anymore and the busses, so far, have always been on schedule. It_
would be nicer if they were all air conditioned, but we weren't used to that
anyway.
I am picked up from and delivered to the Four Seasons Mall by a shuttle bus.
I have not experienced any problems relating to this aspect of my
transportation. However, when the regular bus leaves the Mall in the morning
it continues topick up passengers all ,the way up Lancaster to 36th Avenue_
North. And in'the evening, it will drop off passengers from 36th Avenue
North all the way down to the Mall. Our service.is.billed as "Express to
or from Four. -Seasons Mall" and I do -not consider this express. One of the
shuttles goes on the same route, so I do not understand why the regular bus
drops off and picks up passengers.
Due to the two schools on 36th Avenue North, during the school year 36th
Avenue North is clogged with school busses in the morning. We've had to wait
many minutes to get off of Lancaster and onto 36th to gain access to 169. If
your shuttle system worked as promised, the busses could avoid 36th Avenue
North in the morning and use County Road 9 to access 169.
When Medicine Lake lines ran the service, we paid when we got off the bus in
the evening. This was done, I suppose, because until the last couple months,
riders paid a different amount depending on their destination. But now with
everyone paying the same amount, it seems that the drivers have more time to
punch cards when people get on the bus, as on Marquette they are always
sitting in a lineup anyway. It takes quite a long time for everyone to get
off at Four Seasons as many people transfer to the shuttles there or go to
their cars. Both exits from the bus could be utilized if everyone had
already paid.
ei' -U6 24 'so
I get home now about 15 minutes later than I did when Medicine Lake ran the
system. I don't know exactly why, but I suspect it's due to the minutes
spent at the shuttle sites, leaving downtown later and the 394/169 route
being slower. Does this add up to 15 minutes?
I'd appreciate a response either in" writing or by phone at 348-3862.
Thank you.
Sincerely,
Jan Witkowski
citw AUG 2 4 '90
August 22, 1990
Ms. Jan Witkowski
12350 - 46th Ave. N.
Plymouth, MN 55442
CIN OF
PLYMOU"fR
SUBJECT: YOUR AUGUST 16, 1990 LETTER
Dear Ms. Witkowski:
Thank you for your thoughtful
hear that you are pleased with
are courteous and on schedule.
August 16 letter. I am happy to
the service and that the drivers
You suggest that all buses should be air conditioned. I
wholeheartedly agree. I am told that all MTC buses scheduled for
Metrolink service are air conditioned. Tom Warfield, the MTC
Project Manager, tells me that all Plymouth Metrolink buses are
air conditioned. He indicated that the non -air conditioned buses
may be vehicles which were substituted while Plymouth Metrolink
vehicles were being tuned to combat some of the sluggishness we
have been experiencing with them.
Your second concern is about the fact that we say our service is
"express" from the Four Seasons Mall, but actually pick up and
drop off passengers between the Mall and 36th Avenue North along
Lancaster Lane. I have met with MTC on a couple of occasions to
discuss this issue. You have an excellent point. If we are
going to call it "express service," then it should be express
service.
The Metropolitan Transit Commission representatives are in the
process of identifying for me the best route and the appropriate
time to initiate the use of County Road 9 as the entrance and
exit point to 169. We hope to initiate the change by the time
school starts.
Your final concern has been one that I have not yet been able to
resolve. You, indicate that you are now getting home 15 minutes
later than you did when Medicine Lake Lines ran the system. I
think there are two reasons for this fact. First, we have
shifted the schedule somewhat which places our running time
slightly behind the original Medicine Lake Lines running times.
Second, the closing of the Nicollet Mall has caused a substantial
amount of congestion downtown. The construction on I-394 hasn't
helped things either.
For your information, we have been experimenting using both
Highway 55 and I-394 in hopes of speeding our in and outbound
trips. I can assure you that our objective is keep the service
running as fast as possible in order that we can compete with the
automobile.
CIM AM 24 '90
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
Ms. Jan Witkowski
August 22, 1990
Page 2
,r
Thank you for riding Metrolink and for the time you have taken to
express your concerns. If you would like to discuss any of these
matters with me further, please feel free to call me at 550-5013.
Ass'st Ctty Manager
FB:kec
cc: Tom Warfield, MTC
CiM AM
9
August 20, 1990
CITY C
PUMOUTR
Mr. William W. Mamel, President
Chelsea Woods Homeowner Association
1505 Yuma Lane
Plymouth, MN 55447
SUBJECT: DISEASED TREE MARKING
Dear Bill:
Thank you for your August 15 letter. In the letter you indicated
that on June 27, 1990, 32 trees were marked and on July 2, 19901
an additional 18 were marked by the Forester as diseased elms on
Chelsea common property. You indicated because of the rainy
weather and the dump site being closed that it was difficult for
the homeowner association to accomplish the work through force
labor.
You suggested that it would be helpful in the future to "spread
out" the identification of diseased elms over a longer period of
time, or have fewer identified at one time. You suggest that
tree notices might be done at other times of the year.
I discussed your concerns with Don Kissinger, Forester. Don
indicates that the time span which the City provides for tree
cutting is specified by statute. Under the statute, a property
owner has 20 days following written notification to remove
diseased elms.
In order to provide the property owner with as much time as
possible, Don has taken the following administrative actions. A
period of five days is allowed for receipt of the written notice.
Then, a 20 day period, as provided for in the statute, is allowed
for removal. •: At the end of that time, in other words, 25 days
from the mailing of the original notice, the property is
rechecked by City representatives. If the trees have not been
removed within that time, a final notice is sent which provides
for 10 business, or 14 additional work days for the trees to be
removed. If the trees are not removed at the end of that time,
then they are removed by City contract.
Based upon this timeline, a property owner would have up to 39
days to remove trees. Don seems to be doing everything he can
under the law to give property owners as much time as possible to
remove trees.
CIM AUG,24'90
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
J,
Mr. William W. Mamel
August 20, 1990
Page 2
2
\-' \ $ \<,
I appreciate your suggestion that we mark trees over & longer
timeframe, or do them at times other than the summer when
everyone is busy. We'd love to do this, but there a few
problems. In the first place, a property owner's decision on
whether or not to contract out the work or do it himself is
likely to be based on the total number of trees found to be
diseased. If on a week after week basis we provided tree cutting
notices to the individual, it wouldn't be long before he would be
frustrated with our actions. For your information, if a new tree
is identified as diseased during a recheck, a whole new time
period is begun for that tree. Here again, we are trying to make
it as easy as possible for a property owner to comply with the
statute which we are required to enforce.
Your final suggestion to do the notification during other than
summer months would make things more convenient. The problem is
that the primary field test for diseased trees is to look for
"flagging." This occurs where the leaves on one or more branches
die spontaneously. During the spring and fall, without the
benefit of leaves we would not know which trees are healthy and
which are diseased. This would put the City in violation of
state statute.
Thanks for sharing your suggestions with us. If I can provide
you with additignal information, please let me know.
Frank oy e$
Ass'stapi�City Manager
FB:kec
ff
CIM AUG 2 L 1
CIM Aub
CHELSEA WOODS ASSOCIATION
August 15, 1990
Mr. Frank Boyle
Assistant City Manager
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447
Dear Frank:
Chelsea Woods recently experienced an
removing elm trees identified by the
Dutch Elm disease. The extra cost was
trees and the limited time.
excessive expense for
City Forester as having
due to the large number of
On June 27, 1990, thirty—two trees were identified and on July 2,
1990, an additional 18 were marked. The difficulty in removing
the large number of trees was complicated by the closing of
Plymouth dump for three days and the rainy weather. Normally we
attempt to use our labor for tree removal to minimize the
expense. While we do contract removal of large trees, we had to
contract for removal of many more this time due to the urgency
imposed by the city and the quantity. This added several
thousand dollars to our expense.
It would be helpful in the future if we could have the
identification of elms to be removed spread over a longer time
frame or have fewer identified at any one time. Also, we are
extremely busy in the summer and it would be more convenient to
remove trees at other times.
Sincerely,
William W. Mamel
President, Chelsea Woods Association
1505 YUMA LANE 9 PLYMOUTH. MINNESOTA 55447 • 475-2725
am AUG 24'90
61
Minnesota Department of
Trade and Economic Development
August 20, 1990
Mr. Eric Blank, Park Director
City of Plymouth
3400 Plymough Boulevard
Plymouth, MN 55447
RE: LW27-012666, Parkers Lake Park
City of Plymouth, Hennepin County
Dear Eric:
N -.1s, \4_
Community Development Division
900 American Center Building
150 East Kellogg Boulevard
St. Paul, Minnesota 55101-1421
612/296-5005
Fax: 612/296-5287
IMMMtt
ifff 1
N" N
KOHN Draw
RNRMC[ 0�
PUBLIC SAFETY NO=--�"'
AOMINISTUINE UWAM
PARK COMMISSION
ATTORNEY
Congratulations on the successful completion of Parkers Lake Park. Please
consider this correspondence official notice that all necessary final documents
have been received and found acceptable. Receipt of this letter constitutes
completion of our project closeout requirements.
We have reviewed and find satisfactory all project expenditure documentation you
have provided. However, we wish to point out that actual expenditures are
subject to verification by an independent federal or state audit. For that
reason, you must retain all project records for a period of at least three years
after the date of August 20, 1990.
In conclusion, we remind you that the land acquisition and/or development
completed under the terms of this project must be retained by the sponsor and
used for public outdoor recreation. No portion of this project site can be
changed without the approval of the Outdoor Recreation Grants Section. To
better insure compliance with this conversion policy, Parkers Lake Park is
subject to an onsite inspection by the National Park Service or State of
Minnesota at any time.
Sincerely,
Marcia Taubr '�^N
Grants Manager
LAWCON I/56 -CP
'Oen
MINNESOTA
t9?o
am AUG 2 4'90
An Equal Opportunity Employer