HomeMy WebLinkAboutCouncil Information Memorandum 10-19-1990CITY COUNCIL INFORMATIONAL MEMORANDUM
October 19, 1990
RECYCLING CASH DRAWDFG
$300 Winner -
Stephen & Elizabeth Saunders
1045 Zanzibar Lane
Next Week: $100
UPCOMING MEETINGS AND EVENTS....
1. COUNCIL SUBCOMMITTEE MEETING -- Monday, October 22, 4:00
P.M. A meeting of the Council Subcommittee to hear 1991
funding requests of social service agencies will be held
in the City Council conference room. A copy of the
meeting schedule with the various social service agencies
is attached. (M-1)
2. TOWN MEETING - AREA 1 -- Monday, October 22, 7:00 P.M.
Town Meeting for Area 1 residents in City Council
chambers. Meeting notice and agenda attached. (M-2)
3. SPECIAL ASSESSMENT COMMITTEE -- Tuesday, October 23, 9:00
A.M. , Engineering Conference Room.
4. PLANNING COMMISSION -- Wednesday, October 24, 7:00 P.M.
The Planning Commission will meet in the City Council
chambers. Agenda attached. (M-4)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 19, 1990
Page 2
5. FRAC -- Thursday, October 25, 7:30 P.M. The Park and
Recreation Advisory Commission will meet in the City
Council Chambers. Agenda attached. (M-5)
6. JOINT COUNCIL/SCHOOL DISTRICT 284 MEETING -- Monday,
October 29, 5:30 P.M. The Council will meet with School
Board 284 members in the City Council conference room. A
copy of the draft agenda is attached. (M-6)
7. FIRE DEPARTMENT STUDY MEETING -- Thursday, November 1,
4:00 P.M. Representatives of Sumek Associations, Inc.,
will be in Plymouth October 30 through November 1. In
developing a schedule for them, we are contemplating a
meeting with the Mayor & Council on November 1,
commencing at about 10 a.m. It is estimated this meeting
could last to about 4 p.m. The purpose of this meeting
would be to establish service delivery policies
including, but not limited to: role of the Fire
Department; services to be provided; levels of services;
budgetary limitations; other matters as identified. This
will be an important meeting for Councilmembers to
attend. I hope that you all will be able to meet with
the consultants. If any member has a problem with this
schedule, I need to know immediately in order that we.
might attempt to revise the schedule.
8. MEETING CALENDARS -- Revised October, November and
December meeting calendars are attached. Changes to note
on the calendars include:
- October 22 Council Subcommittee meeting added.
- October 23 Special Assessment Committee meeting
added.
- November 1 Fire Department Study meeting added.
- December 3 Council Meeting cancelled.
- December 10 Special Council Meeting added.
- December 10 Joint meeting with School District 279
officials cancelled.
FOR YOUR INFORMATION.....
1. ELECTION UPDATE -- Attached is a update from Laurie
Rauenhorst on the November 6 General Election. At an
emergency meeting of Hennepin County City Clerks this
week, the problems associated with the write-in sticker
campaign, and contingency plans for ballots and voting if
the Republican governor candidate should withdraw from
the election were discussed.
Also attached are two election information pieces being
distributed by the Secretary of State's office. The
first handout provides general voter information on the
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 19, 1990
Page 3
general election. The second handout covers the special
absentee ballot procedures for military personnel in the
Middle East. ( I-1)
2. n,SSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) 1991
PROPOSED LEGISLATIVE POLICIES -- Attached for each
Councilmember is a copy of the proposed 1991 legislative
policies which are being recommended to the AMM
membership by both the Board of Directors and the Policy
Committee. These policies will be discussed and voted
upon at a full membership meeting which will be held on
Thursday, November 1 at the Ambassador Hotel, St. Louis
Park. The meeting notice and agenda are attached.
Councilmembers may wish to note this date on your
calendars and if you plan to attend, please advise Laurie
Rauenhorst in order that reservations can be made. I
believe it would be appropriate to have one or more City
Councilmembers go and voice the City Council's positions
with respect to these policies. (I-2)
3. CURBSIDE PLASTIC BOTTLE RECYCLING -- The Hennepin County
Board has adopted a resolution requiring all
municipalities to collect plastic bottles for recycling
in spring, 1991. Attached is the notification by the
County and a copy of the adopting resolution. The County
will hold a meeting for municipal recycling coordinators
on Wednesday, October 24 to discuss the phasing in of the
plastics recycling program. The Council will be kept
updated on the program's implementation. (I-3)
4. TRAIL SEGMENT IN CHELSEA MEWS -- Attached is a memorandum
from Frank Boyles on an October 15 meeting with the Board
of Directors for the Chelsea Mews Homeowners Association
to discuss the completion of the trail segment in Chelsea
Mews. The Directors indicated that at the Association's
annual meeting in September, members were unanimously
opposed to the trail segment because of issues involving
safety and tree preservation, and for the general
seclusion of the area. The Board has suggested the trail
be relocated to bring it westerly along the Chelsea
Woods/Steeplechase boundary line and into Chelsea Woods
for connection to Archer Lane. (I-4)
5. NEW WATER TOWER ON LINE -- A memo from Fred Moore is
attached on the new water tower on County Road 101. The
tower was placed on line on October 12. (I-5)
6. FIRE ALARM APPEAL -- Attached is a letter from the City
Attorney on the request of The Gaughan Companies to defer
further enforcement of the City's fire alarm requirement
until the State Fire Marshal's office hears the appeal.
Jim Thomson concurs to take no further action until the
results of the appeal have been received. (I-6)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 19, 1990
Page 4
7. MINUTES•
a. Planning Commission Minutes, September 12, and
September - 26, 1990. (I -7a)
b. Bassett Creek Water Management Commission, September
20, 1990. (I -7b)
8. DEPARTMENTAL REPORTS -- The following monthly activity
reports for September are attached.:
a. Fire Department
b. Public Safety Alarm Report
9. WASTE TRANSFER STATION -- The status report on Hennepin
County's application for a Waste Transfer Station is
attached. (I-9)
10. CUSTOMER SERVICE LINE -- Correspondence and staff follows
up to calls received from the Customer Service Line are
attached. (I-10)
11. GROWTH MANAGEMENT --The attached article on Growth
Management is taken from the APA Journal, Winter 1990
issue. (I-11)
12. BZ CORRESPONDENCE -- I have received the following
correspondence on Plymouth employees:
a. Letter from Joe and Mary Faltesek, 15030 32nd Avenue
North. (I-12)
13. CORRESPONDENCE:
a. Letters sent to Plymouth area School District
Superintendents asking their district's support for a
Plymouth community library. (I -13a)
b. Letter to David Lenhardt, Attorney representing LDK
Builders, from Mayor Bergman, concerning the Kings
North drainage matter. (I -13b)
c. Letter of notification to residents of the PRAC
October 25 public information meeting on the extension
of trail from Parkers Lake Park and Juneau Lane east
to Fernbrook Lane. (I -13c)
d. Memo to Eric Blank from City Manager concerning the
acquisition of the Norma Lewis property at 2047
Forestview Lane. (I -13d)
e. Memo to Eric Blank from City Manager concerning Craig
Scherber's offer to sell land for future community
park. (I -13e)
CITY COUNCIL INFORMATIONAL MEMORANDUM
October 19, 1990
Page 5
f. Letter to Linda Power, District 281,Superintendent,
from Councilmember Zitur, suggesting rotation of
community representatives to the District's Just for
Kids Program. (I -13f)
g. Letter to John Sandberg, JRS Enterprises, Inc., from
Joe Ryan, concerning a temporary certificate of
occupancy for an engine test cell. (I -13g)
h. Letter from Steven Tallen, Assistant City Attorney,
regarding a proposed rule change in Minnesota Rules of
Criminal Procedure. (I -13h)
i. Letter from Donna Waataja, President, Armstrong Parent
Association, requesting the City's support for assist
in funding a police liaison officer to work full time
at Armstrong High School. (I -13i)
j. Letter and petition to Mayor and City Council against
the extension of Schmidt Lake Road. (I -13j)
k. Letter from Carole Rydberg, 3225 Wellington Lane, in
opposition to the senior citizen discount on water
rates. (I -13k)
1. Letter from Paul Baertschi, Assistant City Attorney,
on the successful conclusion of a bias crime
prosecution case. (I-131)
m. Memo from Bob Zitur to City Manager requesting on the
general obligation debt. (I -13m)
n. Letter to Bob Long, Councilmember, City of St. Paul,
on the City's interest in joining the Environmental
Cities Coalition. (I -13n)
o. Letter responding to Daniel Bernier, Assured Security,
Inc., from City Manager, on the City's policy to
assist motorists with locked vehicles. (I -13o)
p. Letter to Kristi Schaller, 2825 Alvarado Lane, from
City Manager, -for her letter complimenting the City on
its recycling efforts. (I -13p)
James G. Willis
City Manager
1A .
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 17, 1990
TO: Councilmember Ricker and Councilmember Vasiliou
FROM: Laurie RauenhorstAcity Clerk
SUBJECT: 1991 SOCIAL SERVICE FUNDING REQUESTS
The meeting of the City Council Subcommittee to hear 1991 funding
requests of the various social service agencies will be held in
the Council Conference Room on Monday, October 22, beginning at
4:00 p.m. A box lunch will be available.
The following schedule has been confirmed with each social
service agency requesting 1991 funding from the City of Plymouth.
Each has been informed that they will have 15 minutes to
introduce their program, make their request, and answer questions
that you may have.
4:00 YMCA Detached Worker Program
4:15 Senior Community Services
4:30 Interfaith Outreach
4:45 Teen Suicide Prevention Task Force
5:00 Plymouth Domestic Assault Project - Home Free Shelter
5:15 West Suburban Mediation Center
5:30 Wayzata/Plymouth Area Chemical Health Commission
5:45 People Responding in Social Ministry (PRISM)
6:00 Northwest Hennepin Human Services Council
6:15 West Hennepin Human Services Planning Board
cc: Frank Boyles, Assistant City Manager
GO OCT 19'90
October 1, 1990
Dear Plymouth Resident:
SUBJECT: TOWN MEETING, Area 1
Plymouth is a developing community and there are many actions
underway or in the planning stage which could impact you. In
order to maintain open communication channels with residents of
the community, the City Council has scheduled a Town Meeting for
residents of your area on October 22, 1990.
In order to keep the meetings on an informal basis while dealing
with specific topics of interest to you, the Town Meeting will be
for the area shown on the map below.
On the reverse side of this letter you will find the agenda
topics for this meeting. Following reports on these topics,
questions will be entertained regarding these or other matters.
If you have questions about other issues you do not choose to
raise publicly, the Resident Feedback Form you receive at the
meeting may be used. Your particular concern will then be
reviewed and a personal response provided.
I encourage you to join Councilmembers Helliwell, Ricker,
Vasiliou, Zitur and me at 7:00 p.m., October 22, 1990, at
Plymouth City Center. We are anxious to meet you and look
forward to this opportunity;to informally discuss matters
mutual interest. If you have any questions about the Town
Meeting, please feel free to call your City Clerk, Laurie
Rauenhorst, at 550-5014. 1990 TOWN MEETWG SCHEDULE
Sincerely,
Kim M. Bergman
Mayor
the
of
ciM OCT 19,90
elm OCT
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
TOWN MEETING AGENDA
AREA 1
October 22, 1990
7:00 p.m.
I. PROPOSED CAPITAL IMPROVEMENTS
A. Streets
B. Sanitary Sewer
C. Water
D. Public Buildings
E. Parks/Trails
II. COMMUNITY DEVELOPMENT
A. Development Activity
B. Comprehensive Plan Update
III. PUBLIC SAFETY
A. Police/Fire Report
B. Neighborhood Watch Program
C. Animal Control
IV. OTHER ITEMS
A. Public Transportation - Plymouth Metrolink/Dial-a-Ride
B. Local Government Cable Access Channel 37
C. Solid and Yard Waste Recycling Programs
elm W 19'90
CIM OCT 1 i 190
M
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, October 24, 1990
CITY COUNCIL CHAMBERS
WHERE: Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the
Planning Commission and will be enacted by one motion. There will be no
separate discussion of these items unless a Commissioner, citizen or
petitioner so requests, in which event the item will be removed from the
consent agenda and considered in normal sequence on the agenda.
PUBLIC FORUM 6:45 P.M.
1. CALL TO ORDER 7:00 P.M.
2. ROLL CALL
3.* CONSENT AGENDA
4.* APPROVAL OF MINUTES October 10, 1990
5. PUBLIC HEARINGS
A. Greenwalt Development, Inc./M.G. Astleford Company. Preliminary
Plat, Amended General Development Plan, and Rezoning for "Bass Lake
Plaza 5th Addition" located at the Northeast Corner of Nathan Lane
and 56th Avenue North (90084)
B. Greenwalt Development, Inc. Site Plan, Zoning Ordinance Variances
and Final Plat to Construct "The Wholesale Club" and plat "Bass
Lake Plaza 5th Addition" located at the Northeast Corner of Nathan
Lane and 56th Avenue North (90085)
C. John McKee. Lot Division/Lot Consolidation and Waiver of
Subdivision Ordinance located at 1345 Juneau Lane (90090)
D. Amoco Oil Company. Amended MPUD Preliminary Plan, MPUD Conditional
Use Permit and MPUD Final Site Plan for Service Station/Convenience
Store/Car Wash located at the Southwest Corner of Plymouth
Boulevard and Rockford Road (90091)
E. Continuation of Public Hearing for Amendments to Zoning Ordinance
from June 26, 1990 Meeting.
(1) Flood Plain Regulations
(4) Planned Unit Development Attributes
(6) Temporary Real Estate and Other Signs
6. NEW BUSINESS
A. Terry and Kathleen LeDell. Lot Division/Lot Consolidation and
Subdivision Ordinance Variances located at the Northeast Corner of
Sunset Trail and Pineview Lane (90094)
7. OTHER BUSINESS
1. Report on Wetland Regulations Task Force Activities
8. ADJOURNMENT GIM OCT 19 `90
Regular Meeting of the Park and Recreation Advisory Commission
October 25, 1990, 7:30 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff
c. Others
4. Report on Past Council Action
a. Playfields
b. Acquisition of property at 2047 Forestview Lane
5. Unfinished Business
a. Discussion of non-resident use of playfields - tabled at last meeting
b. 1990 park projects review
c. Special facilities - comprehensive plan - continue discussion
6. New Business
a. Trail on Co. Rd. 6 between Fernbrook and Juneau (public information
meeting) - referred from Council
b. Request to buy land at Co. Rds. 101 & 24 (Craig Scherber) - referred
from Council)
c. Proposal to build city ice rink - referred from Council
7. Commission Presentation
8. Staff Communication
9. Adjournment
Next regular PRAC meeting - November 8
CIM OCT 1 �4
DRAFT
JOINT MEETING
WAYZATA BOARD OF EDUCATION - PLYMOUTH CITY COUNCIL
OCTOBER 29,1990
5:30 p.m.
AGENDA
I. PLYMOUTH COMPREHENSIVE PLANS
-- How They Affect the District.
II. PLYMOUTH DEVELOPMENT OUTLOOK
-- Review of Development Trends.
-- Boundary Changes Between School Districts as
Development Occurs.
III. SCHOOL DISTRICT PLANS
-- Projected Enrollment within Plymouth.
-- Need for Bonding and/or Additional Levy Capacity.
IV. PROPOSED COMMUNITY LIBRARY
V. DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM
-- Review Program and Future Funding.
VI. WAYZATA SCHOOL DISTRICT NAME
-- Plymouth Identity.
-- East (Ridgemount) Jr. High.
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CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 18, 1990
TO: Frank Boyles, Assistant City Manager
FROM: Laurie Rauenhorstr 'ty Clerk
SUBJECT: ELECTION UPDATE
Yesterday an emergency meeting of all City Clerks in Hennepin
County was held to discuss the various problems and decisions to
be made prior to the General Election.
I previously reported on the "Victory 190" absentee applications
sent throughout the state by the IR party. The County has
discovered that many voters are receiving two sets of ballots,
which may cause a shortage of ballots overall if we have a good
voter turnout. There is a safeguard in place which prevents more
than one ballot from being counted; however, there is no way to
avoid numerous sets of ballots being mailed to voters.
With the recent events in the governor's race, cities are
receiving calls from voters wishing to retrieve or revote their
absentee ballot. If their absentee ballot has been received by
the city, it is "in the ballot box" and cannot be returned to the
voter. The only way a voter could change their vote would be to
vote in person at their polling place at 7:00 a.m. on election
day, before the absentee ballots are delivered to the precincts.
This way their absentee ballot would be rejected and their vote
in person counted. If the absentee ballot were already counted,
the voter would be turned away and not allowed to vote.
The sticker group is moving ahead and has already printed 1.5
million "lick and stick" stickers to be mailed and handed out by
volunteers at the polls. I am anticipating that we will receive
complaints from voters that the volunteers are too close to the
polls (as we do regularly for exit polling). The volunteers
handing out stickers must be 100' from the door to the entrance
of the room where voting takes place. In some of our polling
places this means inside the building! I have my 100' tape
measure ready.
CIM OCT 19 '90
Memo - Election Update
October 18, 1990
Page 2
The Secretary of State has identified five options that cities
could use for handling the sticker campaign if it continues:
1. Status quo - Run a normal election. Disadvantages are that
our maintenance agreement is void for sticker damage to the
equipment and the City pays the cost for equipment repair,
and if stickers bring our equipment down, we would have to
hand count all offices.
2. Don't use the Optical Scan equipment at all - This puts the
City in the category of running a paper ballot election. A
totally new crew of election judges would be brought in at
8:00 p.m. to hand count the ballots.
3. Use the Optical Scan equipment after the polls close - The
equipment would be put in the precinct and plugged in to run
the preliminary zero tape at 7:00 a.m. when the polls open.
Then the machine would be unplugged and put away until 8:00
p.m. At that time the judges would look at each ballot,
running those without stickers through the equipment, and
duplicating each ballot that contains a sticker.
4 and 5. These options relate to asking the voter whether or not
they used a sticker to vote. An Attorney General's opinion
specifies that use of a sticker is legal and any notice or
question to the voter could be construed as discouraging or
encouraging a certain vote. These options are legally risky
and could be reason for contention of the election results.
Even if we informed voters they cannot use stickers, the
odds are that at least some voters would use them anyway,
particularly if they are handed out as voters walk in to
vote.
All cities in attendance at this meeting indicated they intend to
use Option 3 (use of the Optech for counting after 8:00 p.m.) if
the stickers are mailed to voters. The Secretary of State is
recommending Option 3 also, although it is solely a city
decision.
The media also indicates there is the possibility of a candidate
withdrawing from the election. The Attorney General has ruled
that withdrawal is legal for a partisan candidate. If there is a
withdrawal, the State Central Committee has up to four days
before the election to fill the vacancy in nomination. If this
should occur, auxiliary paper ballots with the one office will be
printed. Election judges would cross off that office from the
regular ballot and voters will be handed a paper ballot, along
with their two other ballots, when they vote. Depending on
whether a candidate withdraws and whom is nominated, we could be
dealing with: 1) Two Optical scan ballots and a sticker campaign,
elm OCT 19'90
Memo - Election Update
October 18, 1990
Page 3
2) Two Optical scan ballots and an auxiliary paper ballot and no
sticker campaign, or 3) Two Optical scan ballots, an auxiliary
paper ballot, and a sticker campaign.
If any of these situations materialize, counting will not be
completed by the election judges on Tuesday. Our equipment is
not intended for central counting so we will have to let it cool
down after every few hundred ballots to avoid overheating. The
law requires that once counting is started, it must be completed.
In other words, the election judges will be working until
counting is finished. Another requirement under the option
chosen is that counting must be done in the precinct, rather than
at the City Center. We are contacting our polling places to let
them know that we may be there much longer than the 11:00 p.m.
previously predicted.
The League of Women Voters has been advised by the County that
results may not be available that evening. Candidates will be
advised by the County. The City's Election Budget will be
overexpended in the areas of Temporary Salaries, Overtime, and
Payment for Polling Places if the sticker campaign proceeds.
The County, Secretary of State, and cities are working to
establish guidelines for these various contingency plans. We may
not know until Monday, November 5, exactly how the election will
be conducted. We are trying to prepare for each scenario.
CIM OCT 19'90
BUSINESS RECORDS
CORPORATION
=- I
IMPORTANT NOTICE
TO ALL OPTECH III -P USERS
Thursday, October 18, 1990 _
There is a state-wide sticker campaign going on in the State of Minnesota. It appears to be running very well
and organizers intend to distribute 1.5 million labels to be applied to ballots. The affected candidate has over
1,400 volunteers to work within 100 feet of each precinct and hand out these stickers. Many cities and counties..
worked very hard to get an emergency ruling from the state, but a ruling banning stickers was not obtained►
The optical scan systems that are currently being used in Minnesota CANNOT TOLERATE STI,Q W
BRC Optech III -P ballots MUST NOT HAVE STICKERS ON THEM! If any foreign object, siac-%
sticker or a piece of tape, is placed on an Optech III -P ballot, it CAN AND WILL COME OFF the b�&
being read! This sticky material can gum up the interior works of the III -P by covering up read h , wraK `99
ping around roller heads, or melting anywhere within the works of the machine! Any of these oe jnces
0
WILL MAKE YOUR III -P INOPERABLE!!
c
BRC therefore takes the stand that ANY BALLOT RUN THROUGH THE OPTECH III -P THAT CUP
TAINS FOREIGN OBJECTS (i.e., STICKERS, TAPE, etc.) WILL NULL AND VOID ANY AND ALL
III -P WARRANTIES AND MAINTENANCE AGREEMENTS/CONTRACTSM All labor, repairs,
cleaning, and parts required to repair the damage these invalid ballots cause will be billed at BRC's current
book price (our III -P labor rate is currently $150/hour with a three hour minimum - $450/minimum - billed to
the client).
What can you do to avoid the potential problem of damaging your machines with these altered ballots? Here's
an example of what Hennepin County is doing:
#1 The morning of the General Election, before the polls open, each Hennepin County precinct will
turn on their III -P's to ensure they are operating properly.
#2 They will then produce a "zero tape" from each unit.
#3 The III -P's will then be UN -PLUGGED and WILL NOT BE USED AGAIN UNTIL THE POLLS
CLOSE!
#4 After the polls close, the election judges will plug in the III -P's and WILL CAREFULLY FEED
GOOD BALLOTS INTO THE MACHINE MANUALLY. BALLOTS WITH STICKERS, TAPE,
OR ANY OTHER FOREIGN OBJECTS WILL BE RE -MADE BY THE JUDGES; THE RE
MADE BALLOTS WILL THEN BE MANUALLY FED INTO THE III P.
If you decide to follow this process, BE CERTAIN YOU DO NOT RUSH THESE STEPS!! The machines
may heat up if ballots are fed too rapidly. And please remember...a single foreign object CAN AND WILL
DAMAGE YOUR III -P!! Check your ballots carefully and feed them through at a normal pace.
As always, remember that the III -P's will handle WRITE-IN'S (in lieu of a sticker vote) without any special
handling ... but you will have to inspect each ballot before insertion to ensure that a voter did not attach a sticker.
This could be considered a violation of the voter's privacy!
If you have any questions regarding this procedure, please call BRC at once at 800-892-2383 and ask for an
election support person—we'll guide you through this process as painlessly as possible!
7227 Third Street South, P.O. Box 1082, St. Cloud, MN 56302 Phone: 612-253-2170 CIM OCT V1,90
JOAN ANDERSON GROWE
Secretary of State
ELAINE VOSS
Deputy Secretary of State
SECRETARY OF STATE
VOTER INFORMATION
TOPIC #1
BALLOTS
Pfau of IffirinPsata
OFFICE OF THE SECRETARY OF STATE
��i1ilt �'ttit! 55155
r
180 STATE OFFICE BUILDING
Corporation Division: 612/296.1803
UCC Division: 612/296.2434
Election Oivis$on: 612.'296.1805
Office of the Secretary: 612/196.3266
Office of Deputy Secy.: 6121296.2309
RUN BETWEEN
OCT. 5-12
These are general answers to questions which are frequently
received by the Office of Secretary of State Joan Growe. For
answers in specific situations you should consult with local
election officials.
Q. WHAT WILL BE ON MY BALLOT ON NOVEMBER 6TH?
A. * U.S. Senator
* U.S. Representative
* State Senator
* State Representative
* Associate Justices of the Minnesota Supreme Court
* Judges of the Minnesota Court of Appeals
* District Court Judges
* Various county and local non-partisan offices
* One Constitutional Amendment
Q. HOW DO CANDIDATES GET ON THE BALLOT?
A. * Major party candidates for partisan offices file
affidavits of candidacy and must win their party primary
in order to be placed on the general election ballot.
* Minor party candidates for partisan offices file
affidavits of candidacy plus nominating petitions signed
by eligible voters and they go directly on to the general
election ballot with no primary.
* Candidates for non-partisan offices file affidavits of
candidacy and generally they would go directly on to the
general election ballot unless a primary is necessary to
narrow the field of candidates to no more than twice the
number to be elected.
- MORE - SEE OVER -
"AN EQUAL OPPORTUNITY EMPLOYER"
elm OCT 19'90
Q. HOW IS THE ORDER OF CANDIDATES ON THE BALLOT DECIDED?
A. * The major political party whose statewide candidates
received the least votes at the last general election is
first - on' the ballot and the major party receiving the
most votes is second with minor party candidates
following in the order which their petitions were filed.
* On the 1990 general election ballot the Democratic -
Farmer -Labor Party will be first and the Independent -
Republican candidates will be second. The names of non-
partisan candidates are rotated.
Q. CAN I WRITE IN NAMES IF I DON'T LIRE ANY OF THE CANDIDATES?
A. * Yes, at the general election voters can write in names
of candidates.
-30-
CIM OCT '°�
JOAN ANDERSON G ROWE
Secretary of State
ELAINE VOSS
Deputy Secretary of State
SECRETARY OF STATE
VOTER INFORMATION
TOPIC #2
ABSENTEE VOTING
ftttr of .411inmata
OFFICE OF THE SECRETARY OF STATE
Oatuf faut 55155
180 STATE OFFICE BUILDING
Corporation Division: 612/296.2803
UCC Division: 612/296.1434
Electron• n Divisio612/296.2805
Office of the Secretary- 612/296.3266
Office of Deputy Secy.: 612/296.2309
RUN BETWEEN
OCT. 5-12
These are general answers to questions which are frequently
received by the Office of Secretary of State Joan Growe. For
answers in specific situations you should consult with local
election officials.
Q. WHO IS ELIGIBLE TO VOTE ABSENTEE?
A. Anyone who will be absent from the precinct on election day
or who is unable to go to the polling place because of illness
or a physical disability or because of the observance of a
religious holiday or discipline.
Q. HOW DO I APPLY?
A. Provide the following information in writing you your county
auditor by mail or in person:
* Your name and residence address;
* The reason -you will be away from the polling place on
election day;
* Address to which you wish ballots sent;
* Signature;
* Date.
- MORE - SEE OVER -
"AN EQUAL OPPORTUNITY EMPLOYER"
Cpm OCT 19'90
=-1
Q. WHEN WILL I GET MY BALLOTS?
A. The ballots will be available on or before October 6th and
they will be mailed to the address you have indicated on your
application.
Q. CAN I VOTE AT THE AUDITOR'S OFFICE IN PERSON?
A. If the ballots are available, you can go to the auditor's
office and cast your absentee ballot in person.
Q. WHEN ARE THEY OPEN?
A. They will accept absentee ballot applications during normal
working hours and will, in addition, stay open from 1:00 -
3:00 p.m. Saturday, November 3rd and from 5:00 - 7:00 p.m.
Monday, November 5th.
Q. WHAT IS THE DEADLINE?
A. Applications must be received by November 5th unless the voter
enters a health care facility on that date; in these
circumstances the voter should contact the city clerk before
5:00 p.m. on that day or apply directly to the election judges
who may be in the health care facility delivering ballots to
other patients. These special procedures are only available
to patients who are in a hospital in the city of their
residence whose city clerk has been authorized to handle
absentee ballots.
Q. CAN I GET BRAILLE INSTRUCTIONS?
A. Your auditor can arrange for you to get Braille, cassette, or
large type instructions.
-30-
elm On -WT 19'90
JOAN ANDERSON GROWE
Secretary of State
ELAINE VOSS
Deputy Secretary a f State
SECRETARY OF STATE
VOTER INFORMATION
TOPIC #3
REGISTERING TO VOTE
i$tatr Of .41tnriPSDta
OFFICE OF THE SECRETARY OF STATE
Ottinf 1jaul 55155
4R
180 STATE OFFICE BUILDING
Corporation Division: 612/296.2803
UCC Division* 6121296.2434
Election Division: 612 296.2805
Office of the Secretary: 612.296.3266
Office of Deputy Secy: 612!296.1309
RUN BETWEEN
OCT. 8-15
These are general answers to questions which are frequently
received by the Office of the Secretary of State Joan Growe.
For answers in specific situations you should consult with
local election officials.
Q. DO I HAVE TO REGISTER IN ORDER TO VOTE?
A. Yes,'registration is required in all 87 Minnesota counties.
Q. WHY SHOULD I PRE -REGISTER?
A. By waiting until election day to register,,you run the risk
that you won't be able to prove your residency to the election
judges plus being pre -registered will speed up the voting
process at the polls.
Q. WHEN DOES PRE -REGISTRATION END?
A. All voter registration cards must be received by election
officials by 5:00 p.m. on October 16, 1990.
Q. WHO IS ELIGIBLE TO REGISTER?
A. Persons who will be 18 years of age by election day and who
will be U.S. citizens and will have lived in the state for 20
days by that time are eligible to register if they are not
under conviction for treason or a felony without having their
civil rights restored, are not under guardianship over the
person, or have not been found by a court of law to be legally
incompetent.
- MORE - SEE OVER -
"AN EQUAL OPPORTUNITY EMPLOYER"
CIM OCT 19 'g0
Q. WHERE CAN'I GET A REGISTRATION CARD?
A. Registration cards can be obtained in county auditor offices,
most city clerk offices, and motor vehicle registrar offices.
Q. WHAT IS THE PENALTY FOR FALSELY REGISTERING?
A. Anyone subject to u convicted
five years in prison aof voter fraud is mend/or af$10,000. n fine•
j p
- 30 -
CIM OCT 19'90
JOAN ANDERSON G ROWE
Secretary of State
ELAINE VOSS
Deputy Secretary of State
SECRETARY OF STATE
ELECTION INFORMATION
TOPIC #4
DISABLED VOTERS
#tatf, of fainnPsuta
OFFICE OF THE SECRETARY OF STATE
#Fitii# Hall 55155
180 STATE OFFICE BUILDING
Corporation Division: 6121296.2803
UCC Division: 6121296.2434
Electron Division: 612/296.1805
Office of the Secretary: 612/296.3266
Office of Deputy Secy.: 6121296.2309
RUN BETWEEN
OCT. 15-20
These are general answers to questions which are frequently
received by the Office of Secretary of State Joan Growe. For
answers in specific situations you should consult with local
election officials.
Q. WILL MY POLLING PLACE BE ACCESSIBLE?
A. Check with your city clerk to determine if your polling place
will be accessible. Minnesota law requires that all polling
places be in places which are handicapped accessible unless
no available place within the precinct is accessible or can
be made accessible.
Q. WHAT IF I CAN'T GET INTO THE POLLING PLACE?
A. If you cannot leave you car, the judges will bring the ballots
out to your. car and you can vote there. If you need
assistance getting into the polling place, the judges will
assist you. If you desire assistance in voting the judges
will help you or you can select some other person to assist
you.
Q. WHO CAN ASSIST MB IN VOTING?
A. Two election judges, -not of the same political party, or any
other person you select who is not your employer, an agent of
your employer, an officer or agent of your union, or a
candidate for office at the election. The person assisting
you cannot assist more than three voters at an election.
Q. WHAT IF MY WHEELCHAIR WON'T FIT INTO THE BOOTS?
A. The judges will arrange for you to vote outside of the booth.
Q. WILL HANDICAPPED PARKING BE AVAILABLE?
A. Each polling place will have designed handicapped parking
facilities.
-30-
"AN EQUAL OPPORTUNITY EMPLOYER"
GIM OCT 19'90
JOAN ANDERSON GROWE
Secretary of State
ELAINE VOSS
Deputy secretary of state
SECRETARY OF STATE
ELECTION INFORMATION
TOPIC #5
POLLING PLACE
#tcaf , of I'VtltriPBDta
OFFICE OF THE SECRETARY OF STATE
#ainf thud 55155
�1
180 STATE OFFICE BUILDING
Corporation Division: 612/296.1803
UCC Division: 6121296.2434
Electron Division: 612; 296.2805
Office of the S.'.'.-:
612/296.3266
Office of Deputy Secy.: 6121296.2309
RUN BETWEEN
OCT. 22-27
These are general answers to questions which are frequently
received by the Office of Secretary of State Joan Growe. For
answers in specific situations -you should consult with local
election officials.
Q. WHAT HOURS ARE THE POLLS OPEN?
A. From 7:00 a.m. until 8_:00 p.m. except in some small non -metro
precincts.
Q. WHAT IF I'M IN LINE WHEN THE POLLS CLOSE?
A. Anyone who is in line at 8:00 p.m. will be allowed to vote.
Q. CAN I GET TIME OFF FROM WORK TO VOTE?
A. Under a law passed in 1893, all workers have a right to time
off from work on the morning of a statewide general election
in order to vote. Employers and employees are encouraged to
work out arrangements for this prior to election day. It is
a misdemeanor to interfere with an employee's right to vote.
Q. HOW MUCH TIME CAN I TAKE OFF?
A. Only as long as it takes to go to the polls, cast ,your vote,
and return to work. Abuse of this privilege may subject an
employee to disciplinary action by the employer.
MORE - SEE OVER -
"AN EQUAL OPPORTUNITY EMPLOYER"
CIM OCT 19'90
Q. CAN I STAY IN THE POLLING:_PLACE AND SBE WHAT IS GOING ON?
A. ' Only after the polls close. Prior to that time the only
people allowed in the polls are voters, persons assisting
voters, challengers, vouchers, and persons authorized by the
county auditor, city clerk, or secretary of state to observe
election procedures.
Q. HOW DO IF FIND OUT WHERE TO VOTE?
A. Your county auditor or city clerk will be able to provide you
with the location of your polling place. Frequently a
neighbor will also be able to provide you with this
information.
Q. WHAT TYPES OF VOTING SYSTEMS DOES MINNESOTA HAVE?
A. Paper ballots, lever machines, punch cards and optical scan
voting systems.
Q. WILL SOMEONE DEMONSTRATE HOW THE SYSTEMS WORK?
A. Yes, every precinct using a mechanical or electronic voting
system will have a judge demonstrating the method of voting.
-30-
1
CIM OCT 10 '90
JOAN ANDERSON GROWE
Secretary of State
ELAINE VOSS
Deputy Secretary of State
SECRETARY OF STATE
ELECTION INFORMATION
TOPIC #6
, far of .4.2innPonta
OFFICE OF THE SECRETARY OF STATE
*`�Ziinf %jaul 55155
ELECTION DAY REGISTRATION
180 STATE OFFICE BUILDING
Corporation Division: 6121296.2803
UCC 0 vis#on: 6121196.2434
Election Orvisron: 6121296.1805
Office of the Secretary- 612,1296-3266
Office of Deputy Secy.: 612:296.2309
RUN BETWEEN
OCT. 29-NOV. 6
These are general answers to questions which are frequently
received by the Office of Secretary of State Joan Growe. For
answers in specific situations you should consult with local
election officials.
Q. WHAT IF I AM NOT PROPERLY REGISTERED TO VOTE?
A. Minnesota law provides for election day registration with
proper identification.
Q. WHAT IDENTIFICATION DO I NEED TO REGISTER?
A. You may have a registered voter in the precinct sign an oath
stating that he or she knows that you are also a resident of
that precinct or you may present one of the following forms
of identification if it is current, is valid, and has your
current address in the precinct on it:
* Minnesota driver's license, learner's permit or an
application receipt for either;
* Minnesota I.D. card; or a
* Student fee statement, I.D., or registration statement.
* Student photo I.D. card, if a certified housing list has
been submitted by the educational institution to the
county auditor.
Q. CAN I USE MY UTILITY BILL OR PROPERTY TAX STATEMENT?
A. No. Only forms of identification that have been specifically
authorized may be used. A person could have a utility bill
or property tax statement for a place other than their own
residence. Credit cards, welfare cards, social security
cards, birth certificates, passports and marriage licenses are
also not acceptable forms of identification.
30
"AN EQUAL OPPORTUNITY EMPLOYER"
CIM OCT 19'90.
JOAN ANDERSON GROWE
Secretary of Stare
ELAINE VOSS
Deputy Secretary of State
11�tcatr of firiltPBnta
OFFICE OF THE SECRETARY OF STATE
ftint Paul 55155
October 5,-1990
TO: Minnesota County Auditors
FROM: Election Division
Secretary of State
180 STATE OFFICE BUILDING
Corporation Drvisiort: 612.'296.2803
UCC Division: 612.296.2434
Election Division: 612.296.2805
Office of the Secretary: 672%296.3266
Office of Deputy Secy.: 612:296.2309
SUBJECT: SPECIAL ABSENTEE BALLOT PROCEDURES FOR MILITARY PERSONNEL
IN THE MIDDLE EAST
The Federal Voting Assistance Program of the Department of Defense
has used its authority to authorize the use of fax transmissions
of absentee ballot applications, ballots, and registration cards
to military personnel in the Middle East. Attached is a copy of
material provided by the Department of Defense for use in this
procedure. Please note that the material includes a toll free
number for faxing the absentee ballot material and for asking
questions on procedures.
In summary, the program provides that military personnel stationed
in the Middle East may request absentee ballots by faxing a Federal
Absentee Ballot Post Card to the local election official. Election
officials will be able to determine if the applicant is eligible
for this procedure by comparing the APO/FPO zip codes with those
listed in the attached material. In response to the faxed
application, or to an application received in the mail, a regular
absentee ballot will be mailed to the applicant. In addition the
ballot and a copy of the front and back of the ballot return
envelope, including the return address, should be faxed to a
central number established by the Department of Defense. The faxed
ballot is placed into a special security envelope by military staff
and forwarded to the applicant. Estimated delivery time to the
applicant is 48 -hours.
Both the faxed ballot, and the regular absentee ballot, will be
returned by the -voter through the mail to the election official.
Return mail transit.time is expected to be no more than seven days.
If the regular absentee ballot is returned to the election official
in time to be counted, the faxed ballot is disregarded. If the
regular absentee ballot does not arrive by election day the faxed
ballot is counted in'its place.
Please provide copies of these materials to any city clerk
authorized to issue absentee ballots in your county.
"AN EQUAL OPPORTUNITY EMPLOYER"
• so CIM OCT 19'90
FEDERAL VOTING ASSISTANCE PROGRAM
OFFICE OF THE SECRETARY OF DEFENSE
WASHINGTON. D.C. 20301
October 3, 1990
The Honorable Joan A. Growe
Secretary of State
180 State Office Bldg
St. Paul MN 55155
Dear Secretary Growe:
This office has arranged for high speed electronic transmission of absentee
ballots to military personnel in Operation Desert Shield. In cooperation with
AT&T and with the assistance of Office Technology Corporation, local election
officials may fa$ ballots to military personnel in the Middle East. This option
is provided at no additional cost to local election officials or to the voters. It is
offered solely to ensure that all military personnel in the Middle East are able
to exercise their right to vote.
In order to implement the above and under the authority given the
Presidential Designee in the Uniformed and Overseas Citizens Absentee
Voting Act, 42 USC 1973 ff, the use of electronic transmissions of absentee
ballots and election related materials including applications for registration
and requests for absentee ballots is hereby authorized for citizens covered
under the Act. Please advise all local election officials of this authorization.
Election officials should use the fax service if they believe the regular absentee
ballot cannot be received, voted and returned in time to be counted. Absentee
ballots with round trip transit time of less than 30 days should be considered
for this service. In all instances, the regular absentee ballot should be sent by
mail and normal procedures followed. If the regular absentee ballot is received
in sufficient time to be counted, it should be counted in lieu of the faxed or
other special ballot.
Local election officials will be able to fax election materials to an 800 number
where the transmission will be routed through the AT&T Desert Fax Service
to the Middle East. The faxed materials will then be placed in a special
envelope and delivered by military mail to the addressee. The estimated
delivery time should not exceed 48 hours. Citizens receiving absentee ballots
in this manner will use the official Federal Write -In Absentee Ballot Security
Envelope and Transmittal Envelope to return the voted ballot by mail to the
local election official. The return mail transit time is estimated to be five to
seven days. This special service will be available only to those addressees with
APO/FPO zip codes in the attached list.
The attached cover sheet must be used with any election materials transmitted
to a voter via this fax network. Normal ballot completion instructions must
also be providect including any special instructions thatmustbe followed by
the voter.
CIM OCT 19 `90
There may be some instances when the Federal Post Card Application form,
(FPCA) will be routed through the fax network to the local election official to
request registration and/or an absentee ballot. In such instances the original
application will also be mailed to the local election office. The faxed
application should be used as the basis for complying with the requested
action.
Please forward to all local election officials in your state a copy of the fax
transmission. sheet and also ask them to call or fax as soon as possible the
name of a contact person, address, telephone number and fax number to Office
Technology Corporation at (800) 966 -VOTE or fax # (800) 368 -VOTE. If the
local election official does not have a fax machine, they may send the fax free
of charge at any AT&T phone center or they may make other arrangements
which may be more convenient. If they have any questions or problems
pertaining to the procedures or operation of the service, they should call (800)
966 -VOTE.
Policy or legal questions concerning this action will be handled by my office. If
you have any other questions, please do not hesitate to callme.
Thank you for your assistance.
Sincerely,
He alentino
Dir;ei r
Enclosures
elm OCT 19 ,90
as ociation of
metropolitan
municipalities
October 16, 1990
5:30 P.M.
BULLETIN
AMM LEGISLATIVE POLICY ADOPTION MEETING
DATE: Thursday, November 1, 1990
KICK OFF: . 5:30 P.M.
WHERE: Ambassador Hotel
5225 Wayzata Blvd.
(Hwy's 100 and 12 (I-394))
St. Louis Park, MN.
DINNER COST: $20.00 Per Person
SPOUSES, SIGNIFICANT OTHERS AND GUESTS WELCOME!
6:30 P.M.
7:30 P.M.
Cash Bar/Social Hour Deluxe Buffet Dinner Business Meeting
(Roast Beef, Ham, Chicken (see agenda
Superb Salad Selections on back)
and Dessert)
DINNER RESERVATIONS TO CAROL WILLIAMS AT 227-4008 A MUST BY NOON ON
MONDAY, OCTOBER 29TH. PLEASE CHANNEL YOUR RESERVATIONS THROUGH YOUR
CITY MANAGER/ADMINISTRATOR OFFICE. THANKS!
(Reservations are not needed nor is there a cost if you plan only to
attend the Business Meeting at 7:30 P.M.)
SPECIAL GUESTS: While the main meeting purpose is to adopt legislative
policy, this event will also provide a great opportunity for a city
officials to interact with and discuss concerns with the Metropolitan
Agency "Biggies"! We have invited and expect virtually all of the
chairs and staff directors of the Metropolitan Council, Regional
Transit Board, Metropolitan Airports Commission and Metropolitan Waste
Control Commission to be present throughout the meeting activities.
DISTRIBUTION NOTE: This notice has been mailed directly to all member
Mayors, Councilmembers and Managers/Administrators.
SEE MAP AND AGENDA ON BACK
CIM OCT 19'90
183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
BUSINESS MEETING AGENDA
1. Call to order. '"
2. Introduction of Guests and Announcements
*3. Panel Discussion on the concept of an Appointments Review
Committee to screen candidates for appointment to the Metropolitan
Council and the regional agencies.
4. Consideration and adoption of legislative Policy Program (mailed
previously).
5. Input on establishing AMM Legislative priorities for 1991 session.
6. Other business.
7. Adjournment.
* The AMM Mission and Membership Services Task Force in its final
report recommended that the AMM pursue the creation of a Metropolitan
appointments review committee for the merit review of persons being
considered for appointment to the Metropolitan Council and the regional
agencies. We are going to ask the Chairs of the Metropolitan Council
and the regional agencies to participate in a panel to briefly comment on
the advisability of creating such a review committee.
W
MAP NOT DRAWN TO SCALE
/'
S
E
Cim OCT 19 "90
3H
as ociation of
metropolitan
municipalities
October 11, 1990
TO: AMM Member City Officials
CT 12�1g�� �`'
Q_I
l � 4i41itill �1
FROM: Vern Peterson, Executive Director
Roger Peterson, Director of Legislative Affairs
RE: LEGISLATIVE QUESTIONS, TECHNICAL ADVISORY COMMITTEE
NOMINATIONS, POLICY ADOPTION MEETING, ETC.
1. NOMINATIONS WANTED FOR THE TECHNICAL ADVISORY COMMITTEE (TAC):
The AMM has eight suburban appointees to the TAC and the
individuals who serve must be at the Department Head Level.
i.e. City Engineer, Director of Planning, Director of Community
Development, etc. The major function of the TAC is to provide
technical assistance and advice to the regional Transportation
Advisory Board (TAB) on all facets of regional transportation
planning and programs. The TAC is a very valuable instrument
for city officials to get their views heard on transportation
issues. It meets monthly in the Metropolitan Council offices
and most members also serve on at least one subcommittee. The
individuals appointed by the AMM Board will serve two-year
terms commencing in January of 1991.
THE BOARD IS SOLICITING NOMINATIONS VIA THIS BULLETIN. THE
NOMINATIONS SHOULD BE IN WRITING AND FORWARDED TO THE AMM
OFFICE BY NO LATER THAN OCTOBER 24TH. WHILE SOME INCUMBENT
MEMBERS WILL BE REAPPOINTED SEVERAL NEW MEMBERS WILL ALSO BE
APPOINTED AND NOMINATIONS ARE NEEDED FROM ALL PARTS OF THE
REGION BUT ESPECIALLY FROM DAKOTA, CARVER, SCOTT AND
WASHINGTON COUNTIES.
2. MEMBERSHIP POLICY ADOPTION MEETING, THURSDAY EVENING
NOVEMBER 1ST.:
As noted in the last bulletin dated September 17th., the Annual
Policy Adoption Meeting is set for Thursday evening, November
1, 1990. We hope that you have this meeting marked in your
calendar and that you are planning to attend. The legislative
policy program which will be adopted at this meeting determines
-1-
183 university avenue east, st. paul, minnesota 55101 (612) 227-4008
Ciao OCT 19 ,90
and directs the organizational lobbying efforts for the 1991
legislative session. Copies of the proposed policies to be
considered will be mailed to the City Manager or Administrator
and should be available in just a few -days. A meeting notice
containing all the pertinent meeting details will be mailed in
a few days but the event is tentatively scheduled to be held at
the Ambassador Hotel in St. Louis Park commencing with a social
hour at about 5:30 P.M. You will'not want to miss this
important meeting which will also provide the opportunity for
exchanging information with your peers in other metro cities.
3. POSITION OF LEGISLATIVE CANDIDATES ON KEY CITY ISSUES: A prime
goal of the AMM is to foster a metropolitan perspective.among
metropolitan legislators which includes making them aware of
the issues affecting metro cities and thus their constituents.
We attempt to create this awareness through the AMM's
Legislative Contact system, one-on-one lobbying, and local
officials/legislators gatherings. Another step in that mission
is to try and get favorable commitments from legislative
candidates on AMM priority issues. The Board has decided that
rather than sending a questionnaire directly to the legislative
candidates like many organizations do that we will provide you
our members city officials with a set of backgrounded issue
position questions. You can use these questions which are
enclosed in public or private forums as you see fit to get
candidate commitments and reaction. This should help
personalize the interaction with the candidates and make it
more difficult for them to ignore the questions like they often
do with written surveys. For each question, the legislative
candidate should be asked if he/she agrees with the stated
position and if they disagree to explain why and what their
position is.
DISTRIBUTION NOTE:
This bulletin and attachments has been mailed to Mayors,
Managers/Administrators and Legislative Contacts. We would ask
that it be distributed to other officials as appropriate.
Thank you.
-2-
am OCT 19'90
Z oZ
ISSUE QUESTIONS FOR LEGISLATIVE CANDIDATES
#1 METROPOLITAN TAX
BACKGROUND: A number of agencies have suggested the use of a
special Metropolitan Tax for various purposes. The AMM membership
has had extensive discussion on this issue and given the reality
that a metro tax will continue to be discussed has identified some
general criteria for consideration as well as a specific
recommendation for a Transportation Tax. Any new or add on
metropolitan tax should be related to a specific need that can be
identified as critical but which cannot be funded from existing
taxes diverted from lessor priority activities.
To the extent possible, a new tax should be broadly based, not
substitute for current or future state allocations, stable,
related to the use, dedicated to the stated purpose, used only for
metro projects, -not accounted for through the state's general fund,
and not restrict future local government revenue options or impact
funding for future critical activities. Specifically, the AMM
does view transportation needs in the Metropolitan Area as
becoming critical. This need includes LRT, expanded mass
transit, and additional highway construction. -
POSITION: The AMM supports the concept of a Metropolitan Tax for
metropolitan transportation needs, including LRT with the
following consideration: (1) Taxes such as the motor fuels,
motor vehicle excise tax, sales tax, and payroll tax should be
investigated; and (2) The property tax and general income tax
should not be considered.
#2 LEVY LIMITS
BACKGROUND: The Association of Metropolitan Municipalities has
consistently opposed the levy limit laws in that they apply
uniform statewide restrictions to cities and are too inflexible to
accommodate inflation, uncertainties in state and federal financial
aids, and the diverse problems and circumstances faced by cities
throughout the state. Such laws are inconsistent with principles
of local self-government and accountability. Neither do they
recognize changing local conditions as to either expenditure needs
or revenue sources, nor do they allow for people within
communities to exercise choice in new or expanded local services.
Levy limits may ultimately work against the interests of local
taxpayers because the law creates an incentive for cities to take
maximum advantage of the opportunity to make general or special
levies. For example, the arbitrary decision in 19si to create a
new levy limit base effectively penalized those cities that were
-3-
CIM org 10,90
successful in holding down
This was done again in 198
cities with numerous lessons
levy less than the maximum
later tied to unrealistic
future budget years.
their property tax levies in 1981.
;and 1988. History has now provided
teaching that cities which choose to
allowed in a given year risk being
Dr artificially low new limits for
POSITION: The AMM remains strongly opposed in principle to such
limitation and recommends that the Minnesota Legislature allow
levy limit laws for cities to sunset per current law for taxes
payable 1993.
#3 LOCM, GOVERNMENT AID
BACKGROUND: State Aid to cities has been a much debated
legislative issue for two decades. Over that time the formula(s)
have ranged from pure per capita, to need based on value and
service, to a distribution based on location and past spending.
Homestead Credit has changed to Homestead Aid and is no longer a
direct taxpayer subsidy. New gimmicks such as Disparity Reduction
Aid (Mill rate• equalization) and Tax Base Equalization Aid, have
been invented to target money to various regions when the general
aid formula could not be politically justifiably rigged to work.
Because of the regional fracturing or because cities and city aid
has become an easier less emotionally backed target, the
legislature has begun what appears to be a systematic shift from
city aid to school and county assistance programs. Although, city
services such as police, fire, ambulance, street repair, and snow
plowing may not be 'state mandated', they are in fact necessary
services to the state's residents for which they cannot do
without. ' They are as important to all of the people as
specialized school and county services are to some and therefore,
the state legislature cannot afford to cause severe degradation to
them by making large cuts or shifts.
It is time for the cities and the legislature to return to basics
and develop a single rationally based formula for redistribution
of state collected wealth to continue the state commitment for the
provision of necessary public health, safety, and welfare
services by city government to the states citizens.
POSITION: The state should continue a local aid commitment to
cities to help maintain reasonable property taxes on a fair basis
for the provision of necessary public health, safety, and welfare
services. A single state`�aid formula should be adopted that
contains several elements to help stabilize the cost of basic
local services. The formula should consider:
-Wealth or tax capacity;
-Property tax burden relative to income;
-The services which are necessary and thus should be supported
-4-
ciao OCT 19 '90
by the state; and
-An appropriate support level for the various included
services
#4 PROPERTY TAX AS A PERCENTAGE OF INCOME
Table &1
Mean Net Payable 1988 Property Ta: by Income Group
Metro and Non -metro Rcoons
Income
Mean Net
A1=
Property Tu
Non -metro
S 5,000 or Jess
Sw
5150
S 5,001. S 15,000
601
260
$15,001. S 25,000
627
352
125,001- S 35,000
795
456
335,001 - S.45,000
927
497
545,001 - S'55,000
1,116
613
555,001. S 65,000
1,375
748
565,001 - S 75,000
1,549
915
$75,001 - S 85,000
1,881
801
585,001- S 95,000
1,886
11051
$95,001- S105,000
2,023
1,037
Over $105,000
3,161
1,436
For AD Cases
51,016
S429
Figure &1
weer, Nrt Prc;w ty Tax atter watts
ey t ncofne troLP payable isle
UK rrgrey Tu. arer 0.00It1
=00
s'rso
ssao
110100
qw
moo
Inc
cm • • _ •
•• ••i
TSO • • •
130 •
p S0 t!0 10 70 •0 e4 �D
near vMp CIn ru-SUMS
TM %.Ma nria rw� N w+ur
R anew pian rY.
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CIM OCT 19 $90
BACKGROUND: Metropolitan Area'sHomeowners at all income levels pay
approximately twice the amount of Property Tax as do homeowners in
outstate Minnesota.' The per capita aid for cities is also nearly
double in outstate. These statistics as shown above are based on
a Minnesota house of representatives research department study,
linking Minnesota Property taxes and income, dated February 1989.
POSITION: The AMM membership believes this imbalance is unjust
and should be corrected through adjustment of the homestead class
rates to reduce the tax burden on higher value homes as well as
recognition of this issue within the aid formulas and HACA
distribution.
#5 HOMESTEAD CLASS RATES
Homestead taxable value is determined by applying 1% to the first
$68,000 market value, 2% to the market value between $68,000 and
$110,000, and 3% to the market value in excess of $110,000. This
triple split rate causes an artificial difference in market value
compared to taxable value especially between outstate and the
metro area. The vast majority of homes in outstate Minnesota are
valued at less than $68, 000, thus, taxed at the 1% rate while in
the metro area many, especially newer homes, are in excess of
$100,000 and pay taxes based on 2% and 3% of significant portions
of their value. The split rate system, also causes a geometrically
progressive tax rather than just progressive. A $120,000 home
pays 3 times the tax of a $60,000 home while a $240,000 home which
is 4 times the value of a $60,000 home pays 9 times the tax.
Higher valued property should pay proportionately higher taxes but
not geometrically higher taxes. Although, the ideal solution from
a fairness perspective would be a single rate for homestead
property regardless of market value, the AMM will support a two
tier system as a desireable step in the direction of establishing
a fair property tax system.
POSITION: The AMM suggests returning to a two tier homestead class
tax rate system, the first tier of 1t on value up to $68,000
market value and the second tier of 2% on market value over
$68,000. while the AMM prefers that the state increase HACA to
offset the effects of going to a two tier system, in any event,
local units of government should not be prevented from
recovering the lost revenue through levy.
#6 ESTABLISHMENT OF REGIONAL SOLID WASTE AGENCY
BACKGROUND: Cities have the responsibility for solid waste
collection including implementing and managing most recycling
type programs. The other waste stream management responsibilities
are basically split between the Metropolitan Council and the
Counties. Considerable progress has been made in recent years in
certain parts of the waste stream management system particularly
-6- CIM OCT 19'90
'D
those aspects for which cities are responsible. But several
significant problems beyond the control of cities are becoming
evident including: the inability of the counties to site needed
waste facilities (landfills, transfer stations, compost sites,
etc.), fluctuating and/or lack of markets for some recyclables,
uneven funding among counties to run the low tech systems, and the
radical variance in disposal costs .throughout the metropolitan
area. Some of the current waste stream management concerns are
similar to the concerns which precipitated the formation of other
regional commissions.
POSITION: The AMM believes consideration should be given to the
formation of a regional solid waste commission. Such commission
should include local elected officials. More analysis and study is
needed to determine the total list of functions to_be assigned to
such commission but most functions now performed by the
Metropolitan Council and the counties should be transferred
including:
-Ownership (including the assumption of debt) of the current major
public disposal and processing facilities.
-Responsibility for siting certain types of waste processing and
disposal facilities.
-Regulation of disposal charges (tipping/fee) to provide more
fairness and equity.
-Distribution of funds to support the local recycling programs.
-Coordination of marketing efforts for recyclables.
#7 PASSTHROUGH FUNDS FOR LOCAL RECYCLING PROGRAMS
BACKGROUND: The current funding system for solid waste management
has a number of drawbacks: It does not encourage maximum
utilization of the waste disposal hierarchy; it often gives no
incentive to individual residents to participate in recycling; it
does not differentiate between generators of 'clean' waste and
'problem' waste; and it has given no assurances that the main
sources of funding are related to the entities incurring expenses.
Nor does it assure that money -collected at the State or Regional
level gets passed through to the cities that actually manage the
recycling and abatement -programs.
POSITION: The AMM believes that the solid waste funding system
should guarantee distribution of the monies to all entities
involved in the system and recognize all costs associated with the
system. this means a significant portion of the funds raised
through the solid waste collection sales tax should be distributed
to cities which operate recycling programs. The AMM also
believes that the entire proceeds of tax on solid waste should be
dedicated to solid waste activities and not used for general state
operations.
-7 r►I�T 1 ���
' elm
fS CITIES RESPONSIBILITIES FOR ECONOMIC DEVELOPMENT
BACKGROUND: The AMM has operated under the assumption that cities
have the primary responsibility for economic development within
their jurisdictions. This includes redevelopment as well as new
development. However, it became apparent during the discussion
and debate concerning tax increment finance last session, that
many legislators, state agency officials, officials representing
other levels of government and many private sector representatives
do not share that view. With the destruction of TIF as a viable
tool for economic development, cities no longer have the necessary
tools to be responsible for economic development in today's
economic environment. Consequently, legislative action is needed
to address the many issues associated with economic development in
our cities.
POSITION: The Legislature should examine the question of economic
development and develop a state policy which delineates which
level or levels of government or governmental agencies have the
primary responsibility for economic development within this
state. Once this delineation has been determined, then
appropriate 'tools' should be created to implement the state
economic development policy. Until the legislature creates new
tools to help cities deal with economic development including
redevelopment, it should restore TIF as a viable tool for city
use. i.e. It should recind many of the crippling TIF
amendments adopted during the 1990 session.
#9 SURFACE WATER MANAGEMENT IN THE METROPOLITAN AREA:
BACKGROUND: The Federal EPA and State PCA are exerting pressure
on the Metropolitan Council and Metropolitan Waste Control
Commission (MWCC) to clean-up the discharge effluent from the
sewage treatment plants into the three main rivers (Minnesota,
Mississippi, and St. Croix) which transverse the Metropolitan Area
but the most immediate problem is the Minnesota River. The area
is under edict to reduce pollution in the Minnesota River by 30%
by 1996. It could cost the taxpayers of this region hundreds of
millions of dollars to make the prescribed improvements to the
MWCC treatment plants and even with this tremendous expenditure
the river quality would not improve significantly because the main
degradation problems are caused by surface water runnoff into the
rivers and not by the sewage treatment plant effluent. Also much
of the pollution is already in the river when it enters the
7 -county area.
Under current law in Minnesota, water management organizations
(WMO's) have the basic responsibility for water quality management
in the 7 -county Metropolitan Area. Cities and/or townships are
directly responsible for regulating land use and seeing that the
—8— ciao OCT 19 `90
water management plans are implemented. The WMO water plans are
then approved at the state level by the Board of Water and Soil
Resources (BWSR).• Some representatives of the Metropolitan
Council have suggested that since the Council is held responsible
by the EPA and MPGA for water quality, it should have more direct
authority over Surface Water Management including replacing BSWR
as the approving authority.
POSITION: The AMM does not believe that the Metropolitan Council
should replace BWSR as the approving authority for water
management plans in the metropolitan area. Since the pollution of
the Minnesota, Mississippi and St. Croix Rivers is a statewide
problem, the AMM believes that a state wide agency is more
appropriate than a regional agency to address this issue.
Instead, the AMM supports implementation of the amendments to the
Metropolitan Surface Water Management Act which were passed in
1990. Those amendments do increase the involvement of the Met
Council in the Surface Water Management Planning Process but
retain BWSR as the approving agency.
#10 HACA - HOMESTEAD AND AGRICULTURAL IIID
BACKGROUND: Homestead and Agriculture Credit Aid (HACA) replaced
Homestead Credits in 1988 and in theory no community was to have
lost funds. Individual homestead tax statements retain homestead
credit subtraction but there is no longer a correlation between
the amount of that calculation and the actual HACA distributed to
local governments. In fact, if state HACA payments are reduced,
the amount indicated on the individual tax statements will very
likely increase and visa versa. Recently the legislature has been
reducing LGA and in the absence of LGA reducing HACA in order to
offset state budget and revenue shortfalls. Initially, in 1967
and 1971, the sales tax and aid systems including Homestead Credit
were set up to control property taxes through revenue
redistribution. The state made a commitment that at least some
part of the sales and income tax would be returned. That
commitment is no longer being honored.
Several cities no longer receive any LGA or HACA and others will
soon lose their remaining aids and HACA unless the legislature
changes its direction of stripping aids from cities.
POSITION: The AMM strongly believes that at least some minimum
amount of HACA should continue to be distributed to each city.
#11 TAX EXEMPT PROPERTY
BACKGROUND; One of the glaring inequities in the Minnesota tax
system involves the free local services that are provided to tax
exempt property owned by certain non-governmental organizations.
Also, the State of Minnesota and Metropolitan Agencies own a
-9- CIM OCT 19,90
significant amount of property L within the metropolitan area. It
is widely acknowledged that these properties benefit directly from
governmental services such as police and fire protection and
street services provided by cities. However, since there is not
legal basis for claiming reimbursement for the cost of such
services, they are borne by the local taxpayers. Furthermore,
such property is concentrated in certain cities resulting in a
heavy cost burden in certain parts of the state.
The State of Wisconsin established a program called "Payment for
Municipal Services" in 1973. The program provides a mechanism for
municipalities to be reimbursed by the state for services they
provide to state-owned properties. Through a formula based on the
value of state-owned buildings within a city, the Wisconsin -system
reimburses cities for police, fire, and solid waste services
POSITION: The Association believes this problem should be
corrected by enacting legislation, requiring owners of tax exempt
property, except for churches, houses of worship, and property
used solely for educational purposes by acadamies, colleges,
universities and seminaries of learning, to reimburse cities and
counties for the cost of municipal services. In addition, the
AMM encourages the state legislature to establish a program for
reimbursing municipalities for services to state and metropolitan
agency facilities. The program should (1) ensure that these
agencies pay assessments for services that benefit their property,
and (2) Allow cities to receive compensation for services that are
funded through general revenue, such as police and fire, which are
valuable to the State of Minnesota and Metropolitan Agencies.
-10- Citi OC -1 19,90
BUREAU OF PUBLIC SERVICE
A-2309 Government Center
HENNEPIN Minneapolis, Minnesota 55487-0239
[J H Phone (612) 348-6509
October 16, 1990 .i
OCT 17100
Cti^! CIiY Of ritirl:: i r
Mr. James G. Willis
Manager, City of Plymouth '
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Willis:
The Hennepin Recycling Program is pleased to inform you that the
County Board has adopted a resolution that requires all
municipalities to collect plastic bottles for recycling beginning in
spring, 1991.
I have scheduled a general meeting for all municipal recycling
coordinators to discuss what this means for the municipal recycling
programs and how the County intends to proceed with implementation.
The meeting will be held in the City Council Conference Room at
Plymouth City Hall, 3400 Plymouth Boulevard, Wednesday,
October 24, 1990, at 1:00 p.m.
On another issue, the Board has approved continuation of the yard
waste rebate to cities for 1991. We will provide you additional
information about the.application process in the coming months.
Sincerely,
Carl Michaud
Recycling Coordinator
Enclosures: Resolution 90-9-819 (1991 Yard Waste Rebate)
Resolution 90-10-869 (Curbside Plastic Bottle Recycling)
cc: Janet Leick
HENNEPIN COUNTY cw OCT 19 ,90
an equal opportunity employer
PRINTED ON RECYCLED PAPER
0133- .
RESOLUTION NO. 90-10-869
t
The following resolution was offered by Commissioner-Spartz,
seconded by Commissioner Andrew:
WHEREAS Hennepin County and the Council for Solid Waste
Solutions (CSWS) initiated a joint effort.to test the feasibility
of recycling plastics as part of the County's curbside
recyclables collection program, and
WHEREAS the results of this project were reported to the
County Board in September, 1990, and '
WHEREAS the report recommends phasing in expansion of the
Plastics Recycling Program, and
WHEREAS the recommended first phase is collection of all
plastic bottles county -wide by the spring of 1991,
BE IT RESOLVED that Hennepin County adopt CSWS's
recommendation for phase one of plastics recycling expansion and
begin implementation of county -wide collection of all plastic
bottles.
The question was on the adoption of the resolution and there
were Six YEAS and No NAYS as follows:
COUNTY OF HENNEPIN
BOARD OF COMMISSIONERS THA NAY OTHER
Sam S. Sivanich, Chairman X
RESOLUTION ADOPTED.
ATTEST: _
Cler t the County Board
OrT i 9100
OCT 0 91990 4
X
Jeff Spartz
Randy Johnson.
X
ABSENT*
John Keefe
John E. Derus
X
Tad Jude
X
Mark Andrew
X
Sam S. Sivanich, Chairman X
RESOLUTION ADOPTED.
ATTEST: _
Cler t the County Board
OrT i 9100
OCT 0 91990 4
�3
U1 two
RESOLUTION NO. 90-9-819
The following resolution was offered by Commissioner Jude, seconded by
Commissioner Johnson:
WHEREAS, the 1990 Hennepin County yard waste composting program
consisted of providing -rebates to municipalities to plan and manage local yard
waste programs; and
WHEREAS, the 1990 program was very successful, with many 'communities
developing innovative ways to manage their yard waste;
BE IT RESOLVED, that the 1991 Hennepin County yard waste composting
program will continue to provide rebates to municipalities for the local
management of yard waste; and that County staff will prepare prograw reporting
forms requiring the explanation of the specifics of each municipal program, to
be submitted to the County by March 1, 1991, with a final report due
December 1, 1991.
The question was on the adoption of the resolution and there were
seven YEAS and no NAYS as follows:
COUNTY OF HENNEPIN
BOARD OF'COUNTY COMMISSIONERS YEA NAY OTHER
Jeff Spartz X
Randy Johnson X
John Keefe X
John E. Derus X
0.:
Tad Jude X
Mark Andrew X
Sam S. Sivanich, Chairman X
RESOLUTION ADOPTED.
ATTEST:
CI'L'--r k 6the Co my Board
CIM OCT 19 '90
SEP
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 17, 1990
TO: James G. Willis, City Manager
FROM: Frank Boyles, Assistant City ManagerA
SUBJECT: TRAIL SEGMENT IN CHELSEA MEWS
On October 15, I met with the Board of Directors for the Chelsea
Mews Homeowner Association. I explored with them the possibility
of completing the trail segment which extends southerly from
Zanzibar Lane in Steeplechase Third Addition, down to Zanzibar
Lane in Chelsea Mews.
Karen Fox indicated that they have had a number of concerns about
the trail. The first is a safety issue. By extending the trail
to Zanzibar Lane in Chelsea Mews, a blind intersection is
created, inviting conflict between pedestrians, bikers, and motor
vehicles. While Zanzibar Lane is a private street with
relatively little traffic, the Homeowner Association is
nonetheless concerned about traffic safety.
Their second concern is tree preservation. One of the City's
alternatives was to wind the trail to the east through the 30
foot wide treed area between Steeplechase Third Addition on the
north and Chelsea Mews on the south. The Homeowner Association
was concerned that trail construction would damage or remove many
of the trees in this area. They suggested that the trail be
located on the currently vacant Steeplechase lot. I advised them
that this would not work.
The third concern is that many of the homeowners purchased there
because they like the seclusion of the area. A trail would
undermine this desire. The final homeowner concern was that by
swinging the trail to the east from its current terminus, the
trail would outlet onto an on -street parking area, eliminating
one or two parking spots. They already have a parking problem in
Chelsea Mews.
CIM OCT 19 '90
TRAIL SEGMENT IN CHELSEA MEWS
October 17, 1990
Page 2
I asked the directors whether they would be interested in
exploring further the possibility of installing the trail to the
east by working with Mark Peterson and his crews to minimize tree
loss and by configuring the trail to eliminate the loss of on -
street parking spaces. Directors present stated that when they
asked Homeowner Association members at their annual September
meeting whether they were interested in the trail, the result was
unanimous opposition to the trail. They suggested that I was
welcome to broach this subject with all homeowners, but that I
would have to wait for next September's annual meeting.
They suggested that the City may wish to consider turning the
trail to the right, or westerly along the Chelsea
Woods/Steeplechase boundary line and bringing the trail into
Chelsea Woods for connection to Archer Lane. They said that they
had heard that Chelsea Woods homeowners were in favor of the
trail. One director indicated Lundgren Brothers representatives
had told him that Lundgren would be willing to assist in
relocating the trail.
I received a call from Mike Pflaum on October 16. He inquired as
to the status of this matter and wanted to know when the City
Council might be scheduled to discuss the issue again. I told
him I would call him back once I knew.
During the conversation I was asked who would be responsible for
removing the trail. I stated I did not know, nor did I make any
commitment that the existing trail segment would be removed.
Let me know if you want me to take any other action on this
matter.
FB:kec
CIM OCT 19'90
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 17, 1990
TO: James G. Willis, City Manager
FROM: Fred G. Moore, �Director of Public Works
SUBJECT: NEW COUNTY ROAD 101 WATER TOWER
On Friday, October 12, the new water tower on County Road 101 was placed
on-line to our water system. We had completed the filling of the tower
and received the test results from the water sample submitted to the
testing laboratory. A water sample had to be submitted for testing to
ensure that the tower had been completely disinfected.
The contractor has not completed the control system for the water tower
so we will continue to operate off the tower adjacent to the central
treatment plant. Based upon the way we are operating, it appears that
we will be storing approximately two and a half million gallons of water
in the tower until the control system is completed. This is
approximately two feet from the full or run -over elevation of the tower.
We will continue to operate this way in order to prevent the over
filling of the tower.
FGM:kh
N
CIM OCT 19'90
JAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
October 10, 1990
Mr. Dick Carlquist
Public Safety ,birector
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
HOLMES & GRAVEN
CHARTERED
170 Pillsbury Center, Minneapolis, Minnesota 55402
Re: Fire Alarm Horns - Harbor Lane Apartments
Dear Dick:
Telephone (612) 337-9300
Facsimile (612) 337-9310
Enclosed is a letter from The Gaughan Companies requesting that
we defer any further enforcement of the City's fire alarm
requirement util the State Fire Marshal's office hears the
appeal. It is my understanding that Stan Scofield has discussed
this issue with you, Chief Robinson, and the state Fire Marshal.
Everyone agrees that it makes sense to delay any action until The
Gaughan Companies have exhausted all of their administrative
appeal rights. I concur in that conclusion.
I will not take any further action until we receive the results
of the appeal.
Sincerely,
ames J. Thomson
JJT/amm
Enclosure
PL100-32PS
cc: .dames Willis
Lyle Robinson
Stan Scofield
0
CIM OCT 19'90
p �c��oe�—
ocr s isso D
THE GAUGHAN COMPANIE
October 3, 1990
Mr. James J. Thompson
Holmes & Graven Chartered
470 Pillsbury Center
Minneapolis, MN 55402
Re: - Fire Alarms - Harbor Lane Apartments
Dear Mr. Thompson:
As per our telephone conversation of October 1, the Harbor Lane Apart-
ments Partnership has appealed the fire alarm requirement of the City of
Plymouth to the Minnesota State Fire Marshall's office.
Therefore, we have not contracted with a fire alarm installation company to
install alarms in each Harbor Lane Apartment unit.
It is my understanding that the State Fire Marshall's office will be schedul-
ing a hearing on this appeal request and will be informing the City and
ourselves of its timing within the next 10 days.
We respectfully request that the enforcement of the City's fire alarm
requirement be deferrfed untii the State Fire Marshall's office acts on our
hearing request..
Sincerely,
t
Alan Hamel
President
CIM OCT 19'90
299 Coon Rapids Blvd, Suite 210 ® Minneapolis, MN 55433 0 (612)786-6320 0 Fax 786-9320 • EOE
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
SEPTEMBER 12, 1990
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
Michael Stulberg, Larry Marofsky, Hal
Pierce, Joy Tierney and Dennis Zylla.
MEMBERS ABSENT: Commissioner John Wire.
STAFF PRESENT: Coordinator Charles Dillerud, City
Engineer Dan Faulkner, Public Works
Director Fred Moore and Planning
Secretary Jackie Watson.
WHIM
MOTION by Commissioner Tierney, seconded by Commissioner
Zylla to approve the Minutes for the August 22, and August
27, 1990 meetings.
Vote. 5 Ayes, Commissioner Stulberg abstained. MOTION
carried.
Chairman Plufka introduced Public Works Director Fred
Moore to discuss the Draft 1991-1995 Capital Improvements
Program (CIP)
Director Moore reviewed the Draft CIP for streets.
Commissioner Marofsky asked why Medicine Ridge Road was
going to be completed only to 26th Street as the stretch
of road beyond 26th Street is an access to the road around
Medicine Lake.
Director Moore stated that the portion of road beyond 26th
Street may be completed at a later time. It may not be
needed in the future.
Director Moore reviewed the Draft CIP regarding sewers,
water, drainage, parks and buildings.
Chairman Plufka opened the Public Hearing.
MOTION TO APPROVE
VOTE - MOTION CARRIED
DRAFT 1990-1995 CAPITAL
IMPROVEMENTS PROGRAM
Cim OCT 19 ,90
=-70_,'
Planning
`70` -
Planning Commission Minutes
September 12, 1990
Page 146
Chairman Plufka introduced Mr. Greg Leuer of 4475
Urbandale Court.
Mr. Leuer asked when the Medina Road Project would bb
completed.
Director Moore stated that the completion date was 1991.
Chairman Plufka introduced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg wanted to know when the Public Hearings had been
held regarding service to Serer District 23.
Director Moore explained the past hearing was held in
October, 1989 and also explained the procedures followed
for -Capital Improvements Program review.
Chairman Plufka introduced Ms. Marilyn Thompson of 11018
Old County Road 15.
Ms. Thompson stated she was interested in roadway plans
for County Road 73.
Director Moore stated that funding for this project will
come partly from the County, the Developer and the City.
The County has not included their share in the County CIP
yet, but the administrator has stated a willingness to
recommend the project on certain conditions.
Commissioner Pierce asked when Sewer District 13 would be
completed.
Director Moore stated that the contract for this project
would be awarded in the fall.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO CONTINUE
Pierce to continue the Public Hearing on the Capital
Improvements Program to the October 10, 1990 Planning
Commission meeting,' and to renotify those persons who
spoke at the Public Hearing.
Roll Call Vote. 6 Ayes. MOTION carried.
Chairman Plufka introduced the request of Markham Sporting
Goods for Rezoning, Conditional Use Permit, and Variance
from the Urban Development Policy for property located
north of Highway 55 and west of Peony Lane.
Coordinator Dillerud reviewed the September 6, 1990 Staff
Report.
Commissioner Pierce asked when sewer would be available to
this site.
VOTE - MOTION CARRIED
MARKHAM SPORTING GOODS
(90041)
CIM OCT 19 '90
Planning Commission Minutes
September 12, 1990
Page 147
City Engineer Faulkner responded that public sewer would
be available in 1995.
Commissioner Marofsky stated that part of the business was
used as a private residence and questioned whether that
would be possible if the petition was approved.
Coordinator Dillerud responded that it could, as a
nonconforming use.
The Commissioners read two letters regarding this petition
that were handed out at the meeting.
The Markham letter stated that they would like the Public
Hearing delayed and had offfered to notify property owners
within 500 feet of the rescheduling of this petition.
Commissioner Stulberg asked if any of the property owners
were so notified.
Chairman Plufka introduced Mr. Richard Bloom who was
representing the petitioner..
Mr. Bloom stated that property owners were not notified of
a rescheduling of the petition.
Chairman Plufka opened the Public Hearing.
Chairman Plufka reintroduced Mr. Richard Bloom who stated
that the request to provide U -Haul services would have no
impact on the demands of sewer and water in the area.
Mr. Bloom stated that some changes in the zoning of the
property throughout the years has been a problem for this
site. He said that the property had been zoned as
commercial in the beginning. It was then rezoned to FRD
(Future Restricted Development) and in the future is
scheduled to be zoned as commercial property once City
utilities are available. He suggested that he would like
to discuss other options available to Mr. Markham with the
City Attorney.
Chairman Plufka introduced Mr. Joe Rupar of 18040 Highway
55.
Mr. Rupar stated his concerns were that if the Markham
site was rezoned, would the entire area be rezoned. He
stated that his and the neighbors access through the
easement on the Markham property was not accessible at all
times. He said that the U -Haul trailers blocked the view
and the driveway.
Commissioner Marofsky asked Mr. Rupar whether the Markham
site used more water on' the site for the washing of the
trailers, or if traffic had increased.
Ciao OCT 19,90
Planning Commission Minutes
September 12, 1990
Page 148
Mr. Rupar stated that he had not noticed an increase in
water usage or traffic on the Markham site.
MOTION by Commissioner Marofsky, seconded by Commissioner
Tierney to continue the'Public Hearing to the October 10,
1990 Planning Commission meeting.
Coordinator Dillerud stated that the renotification of the
property owners within 500 feet must be done by the City
so that the City can certify that the notices are mailed,
but that the petitioner will be responsible for supplying
the mailing labels. He stated that any change in the
plans must be submitted by September 21, in order for the
Development Review Committee to review them.
Roll Call Vote. 5 Ayes, Commissioner Stulberg, Nay.
MOTION carried on a 5-1 vote.
Chairman Plufka introduced the request of Richard Deziel
for Rezoning from FRD to R -1B and a Final Plat for the
"Oxbow Ridge 2nd Addition" located south of the south
terminus of 46th Avenue North west of Vicksburg Lane.
Chairman Plufka waived the review of the September 7, 1990
Staff Report.
Chairman Plufka introduced Mr. Richard Deziel of 16100
46th Avenue North.
Commissioner Marofsky asked if the shortening of some of
the lots on the west side of 46th Avenue North would cause
the future cul-de-sac to come further to the south.
Mr. Deziel stated that he planned to extend the cul-de-sac
to the south.
Chairman Plufka opened the Public Hearing. There was no
one present to speak on the issue. Chairman Plufka closed
the Public Hearing.
MOTION TO CONTINUE
VOTE - MOTION CARRIED
RICHARD DEZIEL (90077)
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Marofsky to recommend approval of the petition by Richard
Deziel for Rezoning from FRD to R -1B and a Final Plat for
the "Oxbow Ridge 2nd Addition" located south of the south
terminus of 46th Avenue North west of Vicksburg Lane.
Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED
Chairman Plufka introduced the request by Super Valu SUPER VALU STORES, INC.
Stores, Inc. for an Amended Mixed Planned Unit Development (90079)
Plan for "Cub Foods" regarding wall signage, proof of
parking, sidewalk construction, and trash facility
screening in the Plymouth Hills Addition located at the
southeast corner of 36th Avenue North and Vicksburg Lane.
CSM OCT
Planning Commission Minutes
September 12, 1990
Page 149
Coordinator Dillerud reviewed the September 6, 1990 Staff
Report.
Commissioner Marofsky asked if the easterly portion of the
site where deferral of the sidewalk construction was
requested was a separate lot and block.
Coordinator Dillerud responded that it was not.
Commissioner Tierney questioned whether there would be
sidewalk from the cul-de-sac westerly to Vicksburg Lane.
Coordinator Dillerud responded that the Plymouth Hills
Plan specified one but the petitioner proposes it not be
constructed.
Commissioner Plufka asked whether the site across 35th
Avenue North had sidewalks at the present time.
Commissioner Pierce asked where the access from the
southerly property would be to this site.
Coordinator Dillerud stated that there is sidewalk on the
site across 35th Avenue North that is planned to be
extended westward to Vicksburg Lane as the property is
developed.
Chairman Plufka introduced Ms. Pat Moen representing the
petitioner.
Ms. Moen stated that Super Valu Stores, Inc. is working on
a plan to develop the easterly portion of the property and
that they wish to delay the installation of sidewalks
along Plymouth Boulevard so that the developing party on
this site would be responsible for the sidewalk. She said
she felt the sidewalk past the cul-de-sac westward was
premature and could be installed in conjunction with the
developer of that area in the future. She stated that
unnecessary cost could result from sidewalk construction
in advance of site development.
Commissioner Marofsky asked whether the grades on the site
will screen the trash enclosure.
Ms. Moen stated that they would.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. George Wilson of 17140 14th
Avenue North.
Mr. Wilson stated that he received the incorrect Public
Hearing Notice in the mail. He was aware of the Public
Hearing though and was present to listen to the
CIM OCT 19'90
Planning Commission Minutes
September 12, 1990
Page 150
presentation for the Peppermint Fence Nursery School for
petitioner could
which he is a property owner within 500 feet.
come back to the Planning Commission
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Marofsky,-seconded by Commissioner
MOTION TO APPROVE
Stulberg to recommend approval of the Amended Mixed
property if no construction took place in
Planned Unit Development Plan for "Cub Foods" in the
Plymouth Hills Addition located at the southeast corner of
VOTE - MOTION CARRIED
36th Avenue North and Vicksburg Lane for signage, trash
compactor screening and parking deferral.
MOTION by Commissioner Pierce to
MOTION to amend by Commissioner Marofsky, seconded by
MOTION TO AMEND
Commissioner Pierce to review compliance in regard to the
Avenue North to
trash compactor enclosure again when the easterly portion
Vicksburg Lane for two years.
of the property is developed.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
VOTE - MOTION CARRIED
Roll Call Vote on Main Motion. 6 Ayes. MOTION carried
VOTE - MOTION CARRIED
unanimously.
LINDA HOPKINS (90083)
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE
Stulberg to recommend deferral of construction of the
sidewalks on Plymouth Boulevard and 35th Avenue North
until construction takes place on this easterly portion of
the property or the southwest corner of Plymouth Boulevard
and 35th Avenue North. Sidewalk shall be constructed
within two years.
Commissioner Zylla stated that he could not support the
portion of the motion stating that sidewalks shall be
constructed within two years on Plymouth Boulevard and
35th Street North if no other development takes place on
that easterly portion of the property.
Commissioner Marofsky responded that the
petitioner could
come back to the Planning Commission
and ask for a
deferral on the sidewalks on the easterly
portion of the
property if no construction took place in
two years.
Roll Call Vote. 5 Ayes, Commissioner Zylla, Nay. MOTION
VOTE - MOTION CARRIED
carried on a 5-1 vote.
MOTION by Commissioner Pierce to
defer sidewalk
MOTION TO APPROVE
construction from the west end of 35th
Avenue North to
Vicksburg Lane for two years.
MOTION failed for lack of a second.
MOTION FAILED
Chairman Plufka introduced the request of
Linda Hopkins to
LINDA HOPKINS (90083)
Amend the Existing Conditional Use
Permit for the
"Peppermint Fence Nursery School" at St.
Philip the Deacon
Church to change the name of the school
operator located
at 17205 County Road 6.
CIM OCT j9 ,90
Planning Commission Minutes
September 12, 1990
Page 151
Chairman Plufka waived the review of the September 5, 1990
Staff Report.
Chairman Plufka introduced Ms. Linda Hopkins.
Ms. Hopkins stated that she was in agreement with the
September 5, 1990 Staff Report.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. George Wilson of 17140 14th
Avenue North.
Mr. Wilson asked whether all conditions for the nursery
school would remain as they were. He also asked what will
happen to the school when the church rebuilds next spring.
Coordinator Dillerud stated that there were no changes in
the conditions for the nursery school.
Ms. Hopkins stated she did not know what will happen if
the church rebuilds.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE
Tierney to recommend approval to Amend the Existing
Conditional Use Permit for the "Peppermint Fence Nursery
School" at St. Philip the Deacon Church to change the name
of the school operator located at 17205 County Road 6.
Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED
Chairman Plufka introduced the request of U.S. Homes U.S. HOMES CORPORATION/
Corporation/Thompson Land Development Division for a THOMPSON LAND DEVELOP -
Conditional Use Permit to permit stockpiling and land MENT DIVISION (90086)
reclamation at the southeast quadrant of Medina Road and
the Plymouth City Limits (Brockton Lane).
Coordinator Dillerud reviewed the September 7, 1990 Staff
Report.
Commissioner Pierce asked whether the trees on the
northwest were within the property line or outside the
property line and whether they were significant trees.
Coordinator Dillerud stated that the trees were within the
property, but that they were not significant by tree
policy definition.
Chairman Plufka introduced Mr. Bill Pritchard representing
the petitioner.
cim OCT 19 ,90
Planning Commission Minutes
September 12, 1990
Page 152
Mr. Pritchard stated that regarding item 4 of the
resolution the petitioner would like, to use an erosion
barrier instead of snow fence to separate the trees on the
site which are to be preserved.
Commissioner Zylla stated that he felt an effort should be
made to control the dust raised during grading and filling
along Medina Road.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Mr. Steve Jacobitz.
Mr. Jacobitz stated his concerns were in regard to
drainage from the development into the pnd BC -P1, adjacent
to Amber Woods development.
City Engineer Faulkner stated that the drainage system
will be designed to handle the drainage.
Chairman Plufka asked what would be done to handle the
drainage in this area if the site development were not
done after the fill is placed.
City Engineer Faulkner stated that a BC -P1 Pond will be
constructed at the same time the fill is brought on the
site and this will effectively handle the drainage on the
site.
Commissioner Pierce asked if there would be any effect on
the culverts under Medina Road.to the north.
City Engineer Faulkner stated that the design for drainage
will handle the runoff.
Mr. Pritchard stated that the grading and stockpiling
should be done per the plat design so that the dirt will
not have to moved more than one time.
Chairman Plufka introduced Mrs. Pat Raskob (lives on west
side of development in Medina, no address given).
Mrs. Raskob stated her concern was drainage onto her
property.
City Engineer Faulkner stated that the drainage will be
monitored by the City and the developer is responsible for
any drainage problems. He said the direction of the flow
cannot be changed.
Chairman Plufka introduced Mr. Bill LaTour of 3525 County
Road 101.
CIM OCT *1`i ' ;9
Planning Commission Minutes
September 12, 1990
Page 153
Mr. LaTour stated his concerns were the drainage and the
necessity of an easement across his property to resolve
the drainage..
Chairman Plufka introduced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg asked for an explanation of land reclamation,
and whether swamps are to be filled.
Coordinator Dillerud stated that land reclamation was
changing the grade level of the land, and that no wetland
will be filled.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Pierce to recommend approval of the request of U.S. Homes
Corporation/Thompson Land Development Division for a
Conditional Use Permit to permit stockpiling and land
reclamation at the southeast quadrant of Medina Road and
the Plymouth City Limits (Brockton Lane), subject to all
of the conditions in the September 7, Staff Report;
changing item 4 of the resolution to include snow fence or
"erosion control screen".
Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED
Chairman Plufka continued the Public Hearing for the
Zoning Ordinance Amendments regarding flood plain
regulation, Planned ' Unit Development Attributes and
Temporary Real Estate and other Signs.
Chairman Plufka called a recess at 9:35 p.m. The
Commission reconvened at 9:45 p.m.
Chairman Plufka introduced the request of Craig Scherber CRAIG SCHERBER (90037)
for Reconsideration of PUD Concept Plan for "Stone Creek"
located southeast of Medina Road and Highway 101.
Coordinator Dillerud reviewed the September 7, 1990 Staff
Report.
Commissioner Marofsky asked if any of the park and open
space area of the site were below the ordinary high water
mark.
Coordinator Dillerud stated that the land below the
ordinary high water mark was .incorporated in the single
family lots, and a small portion of the park not included
in the net park area calculation.
Commissioner Tierney stated that she thought the location
of the twinhomes was better on the periphery rather than
CIM OCT 19 `90
Planning Commission Minutes
September 12, 1990
Page 154
the center part of the development because of the
increased density and traffic which would result if they
were centrally located.
Commissioner Marofsky stated that the cul-de-sacs looked
to be longer than ordinance standards and suggested they
could be through streets.
City Engineer Faulkner said that the two cul-de-sacs could
be looped together.
Chairman Plufka introduced Mr. Tom Loucks who represented
the petitioner.
Mr. Loucks distributed letters from personnel at the
Cities of Apple Valley and Burnsville stating their
approval of twin home developments, as those proposed, in
their cities.
Mr. Loucks stated that using open space for tot lots is
not desirable. He compared this development to the Seven
Ponds Development regarding open space and transition. He
said that the twinhome design would not detract from the
single family homes. He stated that if the twinhomes were
to be placed in the center of the development they would
create more traffic in the single family home area.
Mr. Loucks stated that a 100 foot buffer was planned to
screen the Leuer property on the west and that the
developer could remove two of the twi nhomes in this area
until the Leuers decided to develop their property.
Regarding the trail along the east boundary from County
Road 24 north, Mr. Loucks stated that two residents
objected to the trail from County Road 24 passing their
property, and he suggested that if this development was
required to install the trail he felt that the Seven Ponds
addition should also extend the trail in their
development. He said that the Scherber development would
be willing to match the park land dedicated by the Seven
Ponds development. Mr. Loucks stated that they want to be
treated as the developers of Seven Ponds were treated by
the City.
Commissioner Tierney asked if there was any trail area in
the Seven Ponds development and the amount of park
frontage.
Coordinator Dillerud stated that there was no trail
dedication in the Seven Ponds development adjacent to the
west boundary, and that the park frontage was 60 feet.
Chairman Plufka introduced Mr. Joe Domagala of 17705
County Road 24.
CIM OCT 19,090
=_: —7 C--,
Planning Commission Minutes
September 12, 1990
Page 155
Mr. Domagala stated he was concerned about whether there
would be any land elevation changes for the site; the dust
problems created by grading; and the west access road from
the site on the south to,County Road 24. He said he would
like to see a through street between Seven Ponds and Stone
Creek developments that would come out onto Highway 101.
He stated that he does not object to the new location of
the twinhomes proposed; that twinhomes were more
appropriate near the industrial site to the north; and the
lot sizes proposed for the twinhomes seemed larger on this
revised plan.
Mr. Loucks stated the average dimensions of the lots.
Chairman Plufka introduced Mr. John Grigg of 3180
Queensland Lane.
Mr. Grigg stated that the pond areas seemed smaller in the
new plan and asked if the wetland area in the southwest
corner was governed by the Army Corps of Engineers. He
asked when the City would develop the park area and
recommended that it not be done.
Coordinator Dillerud stated that the pond area was
identical to the previous plan and that the southwest
corner was governed by the Army Corps of Engineers. He
said that the park area was planned, according to the
Capital Improvements Program, to be done in 1994.
Chairman Plufka introduced Mr. Michael Halbach of 3185
Kimberly Lane.
Mr. Halbach stated that he felt the developer had done his
best to design the development. He said he did not think
the public would drive into the park and that it would be
used only by the neighborhood. He said that the Seven
Ponds developers should also be required to install a
trail.
Chairman Plufka introduced Mr. Steve Jacobitz.
Mr. Jacobitz stated that the twinhomes were bothersome to
the residents of Amber Woods but that he had researched
the ordinance and he felt the twinhomes complied with the
ordinance.
Chairman Plufka introduced Mr. Greg Leuer of 4475
Urbandale Court who was representing his parents who own
adjoining property to the east.
Mr. Leuer stated that his parents did not object to the
twinhomes, but they would like to develop their property
as single family homes. He suggested that Scherber keep
the twinhomes to the west of the most easterly north -south
public road and place single family homes to the east.
CIM OCT 19 '90
Cr Planning Commission Minutes
September 12, 1990
Page 156
Chairman Plufka introduced Mr. Wayne Menge of 3190
Kimberly Lane.
Mr. Menge stated that the revised plan was much improved
over the previous plan. 'He said he would like to see the
park remain but that it should be easily accessed and a
parking area should be provided. He said he would like to
see the density of the twinhomes lowered. He stated he
was also concerned about the drainage in the area. He
stated that the trail from County Road 24 will adjoin his
lot and he does not object to it.
Chairman Plufka introduced Mr. Jim Stavros or 17430 County
Road 24.
Mr. Stavros stated that the cul-de-sac was located was too
close to his home and asked what the ordinance required as
far as distance from the property line for a cul-de-sac.
Mr. Loucks stated that the cul-de-sac was specified by
Hennepin County to match the existing road intersection of
30th Avenue North and County Road 24.
Chairman Plufka introduced Mr. Bill LaTour of 3525 County
Road 101.
Mr. LaTour stated that it would be difficult for children
to cross County Road 101 to approach Greenwood Elementary
School. He questioned whether two entries to County Road
101 had been approved by the County.
Mr. Loucks stated that the crossing for school children
would be the intersection of County Road 101 and Medina
Road. He stated the access points to County Road 101 had
been approved.
Mr. Steve Johnson, the project engineer, stated that the
pond for drainage on the northwest would convey drainage
to the north from County Road 101 to the pond and across
Medina Road. He said that if the cul-de-sac were looped
the drainage would require larger pipe.
Chairman Plufka asked what quantity of landfill would be
needed and would egress from the site on Highway 101 be
acceptable rather than County Road 24.
Mr. Johnson stated that the grading plan has not been
determined but that no fill will be hauled in, just moved
and rearranged on the site. He said the County
determined the egress locations on Highway 101 and County
Road 24. He stated that the wetland prevent relocation of
the southern cul-de-sac.
CIM OCT 19 °90
Planning Commission Minutes
September 12, 1990
Page 157
Commissioner Marofsky asked if any of the lots will
contain flood plain.
Mr. Loucks stated that some lots will be in the 100 -Year
flood plain but that no setback variances are being asked
for.
Commissioner Pierce asked if the density of Seven Ponds
was the same as Stone Creek. He asked if there was just
one access to the park.
Coordinator Dillerud stated that the density of Seven
Ponds was somewhat lower than this development. He said
there is one major access to the park, but two trail
accesses.
Commissioner Stulberg stated he recommend denial of the
petition when last reviewed, but he felt the revised plan
has responded to requests for a transition area between
the single family and twinhomes.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Tierney to recommend approval of the request of Craig
Scherber for a PUD Concept Plan for "Stone Creek" located
southeast of Medina Road and Highway 101 subject to the
conditions of the September 7, 1990 Staff Report.
MOTION to amend by Commissioner Stulberg, seconded by
Commissioner Tierney to recommend that the petitioner pay
attention to the transition detail between the single
family area to the east (Leuer) and twinhomes at the next
stage of the project.
Roll Call Vote on Motion to Amend. 6 Ayes. MOTION
carried unanimously.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
MOTION to amend by Commissioner Stulberg, seconded by
Commissioner Pierce' to recommend inclusion of the trail
outlot on the east side of the park both from County Road
24 north and Medina Road south, as recommended by the Park
Department, stating that the trail should be available to
all parts of the development including the property on the
east.
Roll Call Vote. 6 Ayes. MOTION carried unanimously.
Commissioner Zylla stated that he still felt the
development was deficient in the amount of open space
proposed, and he would like to see lot sizes of at least
18,500 square feet.
VOTE - MOTION CARRIED
VOTE - MOTION CARRIED
VOTE - MOTION CARRIED
Cion OCT 1 � `3
Planning Commission Minutes
September 12, 1990
Page 158
Commissioner Marofsky stated that the design does not meet
the PUD attributes because there is not enough open space,
and it is not consistent with the'Park and Trail Element.
Roll Cali Vote on Main Motion. 3 Ayes, Commissioners VOTE - MOTION FAILED
Pierce, Zylla, and Marofsky, Nay. MOTION failed.
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO DENY
Zylla to recommend denial of the request by Craig Scherber
using findings 1 and 5 of the resolution as the reason for
denial.
Roll Call Vote. 3 Ayes. Commissioners Tierney, Stulberg VOTE - MOTION FAILED
and Plufka, Nay. MOTION failed.
MOTION by Chairman Plufka, seconded by Commissioner Pierce MOTION TO AMEND
to refer the petition back to staff and the developer for
redesign.
Roll Call Vote. 2 Ayes. Commissioners Zylla, Tierney, VOTE - MOTION FAILED
Marofsky, and Stulberg, Nay. MOTION failed.
Chairman Plufka introduced the request of Laukka/Parkers LAUKKA/PARKERS LAKE
Lake North 6th Addition for a PUD Final Plan/Plat located NORTH 6TH ADDITION
at the northwest corner of 18th Avenue North and (90066)
Shenandoah Lane.
Chairman Plufka waived the review of the September 7, 1990
Staff Report.
Coordinator Dillerud stated that condition No. 4 from
Resolution 90-291 should replace condition No. 4 listed
for the Final Site Plan.
Chairman Plufka introduced Mr. Miles Lindberg who
represented the petitioner.
Mr. Lindberg stated that he wished to discuss the prairie
grass versus sod issue. He said that the petitioner would
eliminate the prairie grass but that they would like to
seed the north edge of the property which is a
transitional area.
Mr. Greg Anderson representing the petitioner explained
the landscape plan for grass and trees. Mr. Anderson
stated that 38 trees have been relocated but the
petitioners are not satisfied with the present prairie
grass and have contacted some experts at the university to
see if they can create a better grass nixed with
wildflowers.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Marofsky to recommend approval of the request by
Laukka/Parkers Lake North 6th Addition for a PUD Final
ciao OCT 19 '90
Planning Commission Minutes
September 12, 1990
Page 159
Plan/Plat located at the northwest corner of 18th Avenue
North and Shenandoah Lane subject to all conditions of the
September 7, 1990 Staff Report.
MOTION to amend by Commissioner Marofsky, seconded by
Commissioner Pierce to recommend that the entire property
be done with sod with the exception of seeding on the
northern edge of the site adjacent to Outlot A.
Vote. 6 Ayes. MOTION to amend carried unanimously.
Vote. 6 Ayes. Main Motion carried on a unanimous vote.
Item 6 C was not heard. This item requires a Public
Hearing and will be heard at the September 26, 1990
meeting.
Meeting Adjourned at 11:55 p.m.
(SWP:Resolutions:pc/jw/9-12)
MOTION TO AMEND
VOTE - MOTION CARRIED
VOTE - MOTION CARRIED
CIM OCT 19'90
1_--10.6-,
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
SEPTEMBER 26, 1990
The Regular Meeting of the City of Plymouth Planning
Commission was called to order at 7:00 p.m.
MEMBERS PRESENT: Chairman Richard Plufka, Commissioners
John Wire, Hal Pierce, Dennis Zylla, Joy
Tierney, Larry Marofsky, and Michael
Stulberg.
MEMBERS ABSENT: None.
STAFF PRESENT: Coordinator Charles Dillerud, City
Engineer Dan Faulkner, and Sr.
Clerk/Typist Denise.}Lanthier.
*MINUTES
MOTION, by Commissioner Tierney, seconded by Commissioner MOTION TO APPROVE
Pierce, to approve the Minutes for the September 12., 1990,
Planning Commission Meeting.
Vote. 6 Ayes. Commissioner Wire abstained. MOTION VOTE - MOTION CARRIED
carried.
Chairman Plufka announced that the Public Hearing for
Amendments to the Zoning Ordinance will be continued until
the October 10, 1990, Planning Commission Meeting.
Chairman Plufka introduced the request by OPUS Corporation OPUS CORPORATION
for an amended Planned Unit Development Plan and (90080)
Conditional Use Permit for a Master Sign Plan at Bass
Creek Business Park located at the northwest corner of
Highway 169 and County Road 10.
Chairman Plufka waived the overview of the September 20,
1990, staff report.
Chairman Plufka introduced Bob Worthington, representing
the petitioner.
Mr. Worthington stated he was in agreement with the
September 7, 1990, staff report. He added that it is a
matter of oversight that they must go before the Planning
Commission again because they were of the opinion that
signage was approved with the Preliminary Plan.
CIM
Planning Commission Minutes
September 26, 1990
Page 161
Commissioner Marofsky asked if the signs would be used for
tenant use identification.
Mr. Worthington responded negatively.
Commissioner Pierce asked what material the signs will be
made of.
Mr. Worthington responded that they will be of stone base
with brick veneer and metal lettering. He added that the
signs will be of a face lit design with landscaping around
each of them.
Commissioner Pierce asked if the proposed signs will match
those of the Schneider building.
Mr. Worthington responded that they will be close in
appearance.
Chairman Plufka opened the Public Hearing. There was no
one present to speak on the issue.
Chairman Plufka closed the Public Hearing.
MOTION by Commissioner Marofsky, seconded by Commissioner
MOTION TO APPROVE
Stulberg, to recommend approval of the request by OPUS
Corporation for an amended Planned Unit Development Plan
and Conditional Use Permit for a Master Sign Plan at Bass
Creek Business Park located at the northwest corner of
Highway 169 and County Road 10, subject to the conditions
set forth by staff in their September 7, 1990, staff
report.
MOTION by Commissioner Marofsky, seconded by Commissioner
MOTION TO AMEND
Wire, to amend the main motion by adding a condition
stating that sign use shall be limited to the developer,
and no tenant use shall be permitted.
Roll Call Vote on motion to amend. 7 Ayes. MOTION
VOTE - MOTION TO AMEND
carried.
CARRIED
Roll Call Vote on main motion. 7 Ayes. MOTION carried.
VOTE - MAIN MOTION
CARRIED
Chairman Plufka introduced the request by U.S. Homes U.S. HOMES CORPORATION/
Corporation/Thompson Land Development Division for a THOMPSON LAND DEVELOP -
Residential Planned Unit Development Preliminary Plan/Plat MENT DIVISION (90028)
and Conditional Use Permit for the "Mitchell -Pearson"
property located at the southwest corner of Medina Road
and County Road 101.
Coordinator Dillerud gave an overview of the September 19,
1990, staff report.
CSM
Planning Commission Minutes
September 26, 1990
Page 162
Commissioner Zylla asked what the proposed lot sizes are
for this request.
Coordinator Dillerud responded that the minimum lot size
is approximately 10,000 square feet and the average lot
size is approximately 12,000 square feet.
Commissioner Zylla asked if dedication would be required
for Pond BC -P1 if this were a conventional plat.
Coordinator Dillerud responded that the BC -P1 Ponding area
would be included in lots subject to a ponding and
drainage easement.
Chairman Plufka introduced Bill Pritchard, representing
the petitioner.
Mr. Pritchard stated that some of the primary design
criteria of the site are the free-flowing roadways,
extensive trail systems, and numerous passive open spaces
which all give continuity to the neighborhood.
Mr. Pritchard stated that the reduced front setback they
are proposing would still allow for stacking of two cars
and provide a larger rear yard. He added that the reduced
width they are proposing for the trail corridor would
provide additional buffering for the homeowners and give
the homeowners the responsibility of maintaining their
properties up to the trail, which will reduce maintenance
costs for the Homeowner Association.
Commissioner Marofsky pointed out that because only 1 foot
would remain on each side of the trail, the Homeowner
Association would need to encroach on the homeowners'
properties in order to regularly maintain the trail
corridor as proposed. He also pointed out that one
resident may not maintain their property as well as the
other.
Mr. Pritchard stated that the Homeowner Association could
provide an easement for the maintenance of the trail
corridor.
Commissioner Marofsky stated the Homeowner Association
could also add a condition in their documents stating that
the homeowner is responsible for the maintenance of their
property including the trail corridor.
Mr. Pritchard stated that he feels a 6 -foot side setback
for homes with three -car garages would be adequate because
the third stall would be considered the setback separation
between the homes.
GIM OCA 19 `90
Planning Commission Minutes
September 26, 1990
Page 163
Mr. Pritchard stated that they are saving close to 50
percent of the trees. He added that most of the trees
they are cutting down are Box Eider or Elm trees, and they
are all located within the construction zone, which is
allowable under City Policy.
Chairman Plufka introduced Greg Frank, representing the
petitioner.
Mr. Frank stated that many trees will be preserved within
the construction zone, but there is always a potential of
root damage during construction. He added that they have
redesigned the trail corridor to help save a majority of
the trees.
Commissioner Pierce asked if the building pads will need
to be improved with the initial grading of the site.
Mr. Frank responded that it is possible to wait until the
Final Plat.
Chairman Plufka stated he would like to see the
petitioners guarantee a percentage factor of the number of
trees they will save within the construction zones.
Commissioner Wire stated that a possible solution to the
problem would be for the petitioner to replace a tree for
every one they destroy.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Ken Kirchgessner of 3525
Urbandale Lane.
Mr. Kirchgessner stated that he is a resident of Amber
Woods, and he is concerned about dredging of the wetland
area. He stated he currently has water problems, and he
would like to be assured there will be adequate holding.
City Engineer Faulkner assured Mr. Kirchgessner that there
will be no dredging and that the City has a Public
Improvement Project to construct an outlet in that area.
Chairman Plufka closed the Public Hearing.
Commissioner Zylla asked what type of street Medina Road
will become.
City Engineer Faulkner responded that it will be a major
collector street.
Commissioner Marofsky asked whether the Development Plan
or the Grading Plan was more accurate.
clan QCT 10 s� �
Planning Commission Minutes
September 26, 1990
Page 164
Mr. Frank responded that the Grading Plan is more
accurate.
MOTION by Commissioner Stulberg, seconded by Chairman
MOTION TO APPROVE
Plufka, to recommend approval of the request by U.S. Homes
Corporation/Thompson Land Development Division for a
Residential Planned Unit Development Preliminary Plan/Plat
and Conditional Use Permit for the "Mitchell -Pearson"
property located at the southwest corner of Medina Road
and County Road 101, subject to the conditions set forth
by staff in their September 19, 1990, staff report.
Commissioner Marofsky stated he believes the petitioner
should move the housing pads to preserve natural site
features.
MOTION by Commissioner Marofsky, seconded by Commissioner
SUBSTITUTE MOTION TO
Wire, for a substitute motion deferring the request by
DEFER
U.S. Homes Corporation/Thompson Land Development Division
for a Residential Planned Unit Development Preliminary
Plan/Plat and Conditional Use Permit for the "Mitchell -
Pearson" property located at the southwest corner of
Medina Road and County Road 101.
Roll Call Vote on the substitute motion to defer. 5 Ayes.
VOTE - SUBSTITUTE
Commissioner Stulberg and Chairman Plufka Nay. SUBSTITUTE
MOTION TO DEFER CARRIED
MOTION carried.
Roll Call Vote on motion to defer. 5 Ayes. Commissioner
VOTE - MOTION TO DEFER
Stulberg and Chairman Plufka Nay. MOTION carried.
CARRIED
Commissioner Wire suggested the petitioner replace trees
of reasonable size along the boulevard for every tree
destroyed. He also suggested they adjust the trail
corridor so the larger lots contain the easements.
Commissioner Pierce suggested the petitioner present a new
trail location plan to the Planning Commission before they
go before City Council. He also expressed concern that
the lots were too narrow.
Commissioner Zylla stated he believes the lot dimensions
are too great a deviation from R -1A standards. He stated
he does not believe there is a need for more public or
private open space, but they have to uphold the LA -1
guiding standard.
Chairman Plufka stated he is in support of the proposed
plan, but he would have added a condition requesting the
petitioners guarantee they will save 30-50 percent of the
trees within the construction zone. He also stated that
lot size should not have been an issue because that was
discussed in the Concept Plan.
CIM OC. 1 ° 'op
Planning Commission Minutes
September 26, 1990
Page 165
Commissioner Stulberg stated he is in support of the
proposed plan.
Commissioner Marofsky stated he believes the petitioner
can shift some lots without changing lot sizes to save
more trees. He suggested the petitioner guarantee they
will plant a certain percentage of new trees for the ones
they destroy within the construction zone.
Commissioner Tierney stated she believes the petitioner
should alter lot sizes to provide for the preservation of
more trees.
Coordinator Dillerud stated that trees can be preserved on
a lot -by -lot basis if the mass grading plan is minimized.
Chairman Plufka introduced the request by St. Philip the ST PHILIP THE DEACON
Deacon Lutheran Church for a Site Plan, Conditional Use LUTHERAN CHURCH (90082)
Permit, and Zoning Ordinance variances for an addition to
the church structure and a parking ramp located at 17205
County Road 6.
Chairman Plufka announced that be will be abstaining from
voting because he is a member of St. Philip the Deacon
Lutheran Church.
Coordinator Dillerud gave an overview of the September 21,
1990, staff report.
Commissioner Marofsky asked if the educational services
might facilitate more parking needs than the standard of 1
space for 4 seats.
Coordinator Dillerud responded that the Zoning Ordinance
includes accessory educational use in the existing "Place
of Worship."
Commissioner Zylla asked if the variance would be the same
if the residential guiding was other than LA -1.
Coordinator Dillerud responded affirmatively.
Chairman Plufka introduced Casey Rosen, representing the
petitioner.
Mr. Rosen stated he is Chairman of the Building Committee
for St. Philip the Deacon Lutheran Church. He stated that
the church is growing at a rate of 100 additional members
per year, which is the primary reason for their request.
Mr. Rosen stated that the church plays a vital role in
the neighborhood and community.
Chairman Plufka introduced Dan Gallagher, representing the
petitioner.
CIM 0c� �G'��
Planning Commission Minutes
September 26, 1990
Page 166
Mr. Gallagher stated he is the architect for the
petitioner. He stated St. Philip the Deacon Lutheran
Church has a rich tradition of service in Plymouth. He
stated the church currently has 2,500 members and holds
four services each Sunday. He stated that in addition to
Sunday services, the church is used as a polling place for
voting, to hold AA meetings and Girl Scout/Boy Scout
meetings, to accommodate exercise groups as well as
Wayzata High School activities, and Interfaith Outreach
activities.
He stated that the church has looked into moving to a new
location within Plymouth, but because they are a member of
ELCA, they cannot move within two miles of another ELCA
church, and there are six ELCA churches in Plymouth. Mr.
Gallagher stated that this is the reason for the proposed
expansion. He stated the church foresees parking becoming
a problem, and they are trying to resolve this problem
before it becomes apparent.
Mr. Gallagher stated that the proposed parking ramp would
comply with the 50 -foot required Ordinance setback, but
the lot depth will be reduced 13 feet due to the expansion
of County Road 6. Mr. Gallagher stated that the parking
deck is no higher than the west elevation because of a
gradual slope on the site toward the east. He stated the
proposed plan will not interfere with traffic on County
Road 6. He also stated that they are proposing an
internal storm drainage system which will enhance their
property for storm water drainage. He stated he does not
believe the 4 seats per parking space Ordinance required
parking standard fits in this situation.
Chairman Plufka asked what the City will require the
church to do if overflow parking occurs in the residential
area because they were not granted their request for a
parking ramp.
Coordinator Dillerud responded that the church would be
responsible for providing additional parking. He stated
the City could post adjoining streets for no parking
during certain hours.
Commissioner Marofsky stated that another alternative
would be to provide parking off-site and bus the members
from there to the church.
Commissioner Marofsky asked Mr. Gallagher why he does not
believe the 4-1 Ordinance required parking standard would
work for them.
Mr. Gallagher responded that there is an overlap between
services --choir is there for more than one service and
Sunday School teachers are also there for more than one
CIM 0r'- 1 `1 ' �
Planning Commission Minutes
September 26, 1990
Page 167
service. He stated that they just cannot get four people
to one car.
Commissioner Marofsky asked what their attendance is for
Sunday School.
Pastor Hoffman responded they currently have 600 children
enrolled in Sunday School.
Commissioner Pierce asked if the church currently has a
parking problem.
Mr. Rosen responded that they typically have parking
problems on traditional holiday Sundays.
Commissioner Zylla asked if their proposed plan solves
their problems of today or meets the needs for the future.
Mr. Gallagher responded that their proposed plan will meet
their future needs.
Commissioner Zylla asked if the parking ramp will be built
to allow for further ramp expansion in the future.
Mr. Gallagher responded negatively, and stated that it is
a fixed ramp.
Commissioner Tierney asked if they have explored the
option of purchasing additional property.
Mr. Rosen responded that they have received offers from
two adjoining neighbors to sell their property to the
church, but the church felt it was still prudent to go
ahead with their proposed plan.
Commissioner Marofsky asked how many parking spaces would
be lost if the parking ramp was set back the required 50
feet.
Mr. Gallagher responded they would lose 4-6 parking
spaces.
Chairman Plufka opened the Public Hearing.
Chairman Plufka introduced Gary Bennington of 17225 13th
Avenue North.
Mr. Bennington stated that he abuts the south end of the
church property, and he feels that purchasing additional
residential property for their parking needs would be a
bad alternative to the parking ramp.
Chairman Plufka introduced Edwin Brunken of 17200 14th
Avenue North.
C►M OCT 1
Planning Commission Minutes
September 26, 1990
Page 168
Mr. Brunken stated he is in favor of the parking ramp and
does not feel the purchasing of additional residential
property would be a good alternative.
Chairman Plufka introduced Dean Monteith of 17301 14th
Avenue North.
Mr. Monteith stated he also is in favor of the parking
ramp and does not feel the purchasing of additional
residential property would be a good alternative.
Chairman Plufka introduced John Overson of 17211 14th
Avenue North.
Mr. Overson stated that he is in favor of the parking
ramp. He stated he is a member of a church that busses
members from a parking site to the church, and he feels
the ramp is a much better alternative.
Chairman Plufka introduced Pat Pilarski of 17120 14th
Avenue North.
Mr. Pilarski stated he also is in favor of the parking
ramp and does not feel the purchasing of additional
residential property would be a good alternative.
Chairman Plufka introduced Barb Roach of 17220 14th Avenue
North.
Ms. Roach stated she is not in favor of the proposed plan,
and stated she believes the proposed plan will reduce the
value of their homes.
Chairman Plufka closed the Public Hearing.
Mr. Rosen stated the church wants to be a good neighbor
and that they are not currently taking the initiative to
purchase additional property.
Commissioner Pierce asked staff if they have reviewed the
landscape plan as to screening of the parking.
Coordinator Dillerud responded that City staff favors the
fencing along the south edge of the property and the plan
now shows this method. He added that the parking ramp
edge will be made of masonry with a 4 -foot wall height to
screen headlights.
Commissioner Zylla asked what the appearance would be of
parking ramp as it faces 14th Avenue North.
Mr. Gallagher stated the appearance will be of unpainted
concrete, but that they would be flexible regarding the
material used for the south edge of the parking ramp.
CSM OCT
Planning Commission Minutes
September 26, 1990
Page 169
Commissioner Tierney asked why the ramp is open facing
County Road 6.
Mr. Gallagher responded that it is open for security
reasons and there are no immediate residential neighbors.
MOTION by Commissioner Wire, seconded by Commissioner
Tierney, to recommend approval of the request by St.
Philip the Deacon Lutheran Church for a Site Plan,
Conditional Use Permit, and Zoning Ordinance variances for
an addition to the church structure and a parking ramp
located at 11205 County Road 6, subject to the conditions
set forth by staff in their September 21, 1990, staff
report.
MOTION TO APPROVE
MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND
Pierce, to amend the main motion by deleting Condition 11a
and changing Conditions 11b and 11c to be consistent with
the Zoning Ordinance standard of a 50 -foot setback for the
parking ramp structure.
Commissioner Marofsky stated that losing a maximum of six
parking spaces in order to meet the Zoning Ordinance
standard of a 50 -foot setback and would not create a
hardship for the petitioner.
Commissioner Stulberg stated he is in opposition of the
proposed plan. He stated he believes a parking ramp is
the best solution, but he also feels they are over-
building in a residential district.
Commissioner Zylla stated that he believes the proposed
setback would not create a problem since 13 feet is lost
by the expansion of County Road 6.
Roll Call Vote on motion to amend. 2 Ayes. Commissioners
Wire, Zylla, Tierney, and Stulberg Nay. Chairman Plufka
abstained. MOTION failed.
MOTION by Commissioner Zylla to amend the main motion by
adding a condition stating that the parking ramp edge on
the south side be of some other material than unpainted
concrete.
MOTION died for lack of a second.
Commissioner Pierce stated the material used for the
parking ramp should be maintenance free.
Commissioner Zylla stated the proposed plan is consistent
with the Guide Plan, and he is in favor of it.
VOTE - MOTION TO AMEND
FAILED
MOTION TO AMEND
MOTION TO AMEND DIED -
NO SECOND
city dCi 1 '��
Planning Commission Minutes
September 26, 1990
Page 170
Roll Call Vote on main motion. 5 Ayes. Commissioner VOTE - MAIN MOTION
Stulberg Nay. Chairman Plufka abstained. MOTION carried. CARRIED
Chairman Plufka called a 10 minute recess at 10:00 p.m.
Chairman Plufka reconvened the meeting at 10:10 p.m.
Chairman Plufka introduced the request by Independent INDEPENDENT SCHOOL
School District #284 for a Conditional Use Permit to allow DISTRICT #284 (90088)
public school use of an existing place of worship
(Plymouth Covenant Church) located at 4300 Vicksburg Lane.
Chairman Plufka waived the overview of the September 20,
1990, staff report.
Chairman Plufka introduced Carol Byrant, principal of
Plymouth Creek Elementary School and representative of the
petitioner.
Ms. Byrant stated she was in agreement with the September
20, 1990, staff report.
Commissioner Tierney asked if the school has a current
parking problem.
Coordinator Dillerud responded that the City has received
two applications to increase the parking at Plymouth Creek
and Gleason Lake Elementary Schools.
Ms. Byrant assured the Commission that their proposal will
not impact the current parking problem.
Chairman Plufka opened the Public Hearing. There was no
one present to speak on the issue.
Chairman Plufka closed the Public Hearing.
MOTION, by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE
Pierce, to recommend approval of the request by
Independent School District #284 for a Conditional Use
Permit to allow public school use of an existing place of
worship (Plymouth Covenant Church) located at 4300
Vicksburg Lane, subject to the conditions set forth by
staff in their September 20, 1990, staff report.
Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED
Chairman Plufka introduced the request by Hoyt Development HOYT DEVELOPMENT
for a Site Plan amendment and variance to construct COMPANY (90070)
additional parking for the 6 & 61 Office -Warehouse.
Chairman Plufka waived the overview of the September 20,
1990, staff report.
Ciao OCT Yv
Planning Commission Minutes
September 26, 1990
Page 171
Chairman Plufka introduced Mike Gair, representing the
petitioner.
Mr. Gair gave a slide presentation of their proposed plan.
He stated the curb of the parking expansion would be
inside the current landscaping and therefore the only
landscaping disturbed would be sod. Mr. Gair stated he
believes there is a hardship for granting a variance.
Chairman Plufka asked if their initial calculations were
wrong on their Final Plan because they stated they would
build a parking ramp should parking ever become a problem.
Mr. Gair responded that the are pursuing only 37
additional stalls, not 57 as they proposed to have with a
parking ramp.
Commissioner Wire asked what they foresee as the ratio for
office space.
Mr. Gair responded that they are not allowed to have more
than 65 percent office space and they still have 6,500
square feet yet to lease.
MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO DENY
Marofsky, to recommend denial of the request by Hoyt
Development for a Site Plan amendment and variance to
construct additional parking for the 6 & 61 Office -
Warehouse, based on the findings set forth by staff in
their September 20, 1990, staff report.
MOTION by Commissioner Stulberg, seconded by Chairman SUBSTITUTE MOTION TO
Plufka, for a substitute motion recommending approval of APPROVE
the request by Hoyt Development for a Site Plan amendment
and variance to construct additional parking for the 6 &
61 Office -Warehouse, subject to the conditions set forth
by staff in their September 20, 1990, staff report.
Commissioner Stulberg stated he does not believe they
would be creating problems by approving this plan. He
stated he feels this is a much better solution to their
anticipated parking problems versus building a parking
ramp.
Commissioner Marofsky stated he feels there is no hardship
for granting a variance. He stated that parking would be
extremely visible from County Road 61. He also commented
that he does not believe the 6 & 61 Office -Warehouse has a
parking problem.
Roll Call Vote on the substitute motion to approve. 3 VOTE - SUBSTITUTE
Ayes. Commissioners Wire, Zylla, Tierney, and Marofsky MOTION TO APPROVE
Nay. MOTION failed. FAILED
CIM OCT 19 ,90
Planning Commission Minutes
• September 26, 1990
Page 172
Roll Call Vote on motion to deny. 4 Ayes. Commissioners
Pierce, Stulberg, and Chairman Plufka Nay. MOTION
carried.
Chairman Plufka introduced Other Business.
Coordinator Dillerud asked the Commission if they had any
items for discussion for the Joint Meeting with City
Council on October 1, 1990.
Chairman Plufka stated he would like to receive feedback
from City Council on how they view the PUD Ordinance.
Commissioner Marofsky stated he would like to discuss
Zoning Ordinance enforcement.
Commissioner Zylla stated he would like to discuss issues
related to the assessment impacts of downzoning.
Chairman Plufka adjourned the meeting at 11:00 p.m.
VOTE - MOTION TO DENY
CARRIED
OTHER BUSINESS
Clay OCA 1'90
BASSETT CREEK WATER MANAGEMENT COMMISSION
Minutes of the Meeting of September 20, 1990
Call to Order:
The Bassett Creek Water Management Commission was called to order by Chairman Peter Enck at
11:35 A.M., Thursday, September 20, 1990, at the Minneapolis Golf Club.
Roll Call:
Crystal:
Commissioner Bill Monk
Engineer: Len Kremer
Golden Valley:
Alternate Commissioner Dean Chenoweth
Counsel: Curt Pearson
Medicine Lake:
Commissioner John O'Toole
Corps of Engineers:
Minneapolis:
Alternate Commissioner R. Kannankutty
William Spychalla
Minnetonka:
Commissioner David Sonnenberg
General Mills:
New Hope:
Commissioner Peter Enck
John Schevenius
Plymouth:
Commissioner Fred Moore
Robbinsdale:
Commissioner Lee Gustafson
St. Louis Park:
Not represented
Approval or Correction of Minutes:
Mr. Kremer corrected the August 16 minutes. Mr. John Barton's name was incorrectly spelled on
page 1 (Communications - Chairman. Item 2). With this correction, it was moved by Mr. Monk and
seconded by Mr. Gustafson that the minutes be approved. Carried unanimously.
Financial Statements:
Mr. Chenoweth presented the financial statements for the period ending September 20 showing a
checking account balance of $102,820.88, an investment balance of $281,720.75, and a
construction account balance of $240,734.50 including the $5,000.00 which is earmarked for
Medicine Lake. The treasurer's report was filed for audit.
Presentation of Invoices for Payment:
1. Mr. Chenoweth moved the approval of Barr Engineering Company's invoice for $30,054.88 for
services and expenses for the period of July 1 - September 1, 1990. Seconded by Mr. O'Toole
and carried unanimously.
2. In the July 19 minutes, Mr. Pearson advised the Commission that an invoice for $4596.87 had
been received for Mr. Brad Bjorklund's services as a neutral adviser at the arbitration meeting.
He had said the Corps would pay the bill but that we will reimburse the Corps for our share so it
would not be done by direct billing. He now reported that he had received a letter from the
Corps of Engineers who indicated that our share would be one-third and that we should make our
check payable directly to Mr. Bjorklund and forward it to him. It was moved by Mr. Chenoweth
and seconded by Mr. O'Toole that this payment be approved. Carried unanimously.
Communications
Chairman: None.
Counsel:
1. Mr. Pearson reported that Mr. Gregory Johnson of the Minnesota Pollution Control Agency had
sent him a letter informing the Commission that Ms. Marge Velky has been appointed as the
MPCA's project manager for the Commission. She will be replacing Ms. Carolyn Dindorf. Mr.
Johnson will be working closely with her to ensure a smooth transition of MPCA project
management and assistance for our project. Mr. Johnson indicated that he and Ms. Velky will try
to set up a meeting with the Commission or staff in the near future to assist in the transition.
1
CIM OCT Q�
'1
a2:71 b
2
2. Mr. Pearson reported on an August 30 letter to Doug Robohm of the MPCA regarding the Irving
Avenue dump site. A remedial investigation of the potential risk to groundwater supples had to
be completed. The site is being used as a soil disposal site for the construction of the double box
culvert. An investigation was undertaken to determine regarding hazardous wastes at the site.
The remedial investigation concluded that there was no risk of contamination to groundwater but
that monitoring was recommended. The report was sent to the PCA.
3. Mr. Pearson referred to an August 29 memo concerning the meeting held with Golden Valley
staff, the Corps of Engineers, and representatives of the Golden Valley Country Club. Chairman
Enck indicated that he had been pleased with the response at this meeting. This has been a
problem for Golden Valley. The committee from the Golf Club indicated that, if the construction
location could be agreed upon, they would consider either dedicating easements or paying
minimal costs. All these statements are subject to approval under the Golf Club's bylaws and
regulations. They are anxious to work with the City of Golden Valley. Mr. Enck thanked Mr.
Pearson for his work in preparing the material for this meeting.
Commissioners: None.
Corps of Engineers
Mr. Spychalla discussed briefly the withdrawal of funds from the construction account. He said the
figures do not reflect the reduction in overall project costs. - In November, the amount to be
requested for deposit into the escrow account will be considerably less than previously indicated.
Engineer:
Mr. Kremer reported that he had had a communication from Mr. Joe Gibson of the .DNR. They are
modifying our existing contract for the grant money for the flood damage reduction program within
the next two weeks. We will have to provide certification that we have spent $1,675,000 to date.
We will have to prepare a tabulation of these figures. Mr. Kremer will assemble these figures
which will be included with a letter from the Commission signed by Mr. Silberman, Treasurer.
New Business
1. Mr. Kremer had received a request for review of a DNR permit application for a street
improvement project in Plymouth along 15th Avenue North near the south end of Medicine Lake.
This consists of paving 15th Avenue North and installing a 6 -inch perforated PVC pipe beneath a
drainage swage to drain the street. The Swale and pipe will discharge to Medicine Lake. The
management envelope for Medicine Lake is 890.1. The proposed erosion control features
includes a silt fence. Mr. Kremer indicated that it would be desirable to riprap the bottom 20
feet. Other than that, he recommended approval. Mr. O'Toole asked if there would be any adverse
effect on the property owners. He would not be in favor of it unless the property owners were
satisfied. Mr. Kremer said that would need to be looked at further. It was moved by Mr.
Gustafson and seconded by Mr. O'Toole that we recommend approved providing this is satisfactory
to the property owners. Carried unanimously.
2. A copy of a shore protection plan for Northwood Lake in the City of New Hope had been received.
The project includes placing riprap and filter fabric in accordance with DNR requirements along
approximately 1,920 lineal feet of Northwood Lake shoreline. The management envelope for
Northwood Lake is 889.5. Placement of the riprap will result in approximately 1,070 cubic
yards (0.7 acre-feet) of floodplain filled. Mr. Kremer recommended approval providing that
the shoreline be excavated to provide compensating storage. Mr. Enck asked if previous
excavation done by the City would qualify for compensating storage. Mr. Kremer indicated that
he would have to get a topographical map of the work. The consensus of the Commission was that
storage would have to be replaced in the area and that there be full compensating storage.
Although the storage would have to be in the area, it would not have to be in the shoreline.
Approval moved by Mr. Gustafson, seconded by Mr. Monk, and carried unanimously.
am
N -lb
3
3. A request was received for review of a proposed storage building at the Jancik Residence, 6509
Plymouth Avenue, Golden Valley (along the left (north) bank of Bassett Creek immediately
upstream of Florida Avenue. The proposed plan consists of installing a 10x10 foot storage
building in the floodplain approximately 40 feet south of the normal creek channel. The
management envelope is Elevation 872.5. The storage building will be constructed on four
corner posts that extend to Elevation 873.5, thus providing 1 foot of freeboard above the
management envelope. Discussion followed. Golden Valley allows construction if there is no
increase in flood damage. The building is in a flood fringe area and will be about three feet off the
ground. It was questioned how he would get the material in the building. Mr. Kremer says they
will build a ramp. Consensus was that there should be a specification that no fill be allowed. Mr.
Pearson cautioned that it might be advisable to have caveats in place. Mr. Kremer said that
conveyance is not an issue. The building would be 75 feet from the edge of the channel. Mr.
Moore said that this is just a storage building but it could be a precedent. After further
discussion, it was moved by Mr. Gustafson and seconded by Mr. Monk that this be deferred or
tabled to enable Mr. Pearson and Mr. Kremer to review the request further. Carried
unanimously.
4. A request was received for review of a proposed building addition for the Glenwood Inglewood
facility located in the City of Minneapolis along Bassett Creek immediately downstream of Fruen
Mill dam. The project consists of a 17,000 square foot addition to the south end of the facility.
The management envelope is Elevation 818.0. The addition will be designed with a floor
elevation of 817.0. A small portion of the addition adjacent to the existing building will have the
same floor elevation as the existing building at 813.0. The building addition will be allowed to
flood. All mechanical and electrical equipment would be above Elevation 819.0.
Construction of the addition will result in 0.7 acre-feet of floodplain filled. Since conveyance is
critical along this reach of the creek, the fill in the floodplain will have a negligible effect on the
flood elevation. Silt fence will be utilized for erosion control during construction. Mr. Kremer
had included a copy of an attached flood contingency plan provided by the designer. Mr. Kremer
recommended approval.
A long discussion followed. The area is in the floodplain and, in a 100 year flood, water would
flow into the area. Mr. Kremer stated that there were poor foundation conditions in the area so
they do not plan to elevate the structure. They have proposed FP4 floodproofing. Mr. Kremer
said he would recommend approval since the plan is consistent with the policies of the
Commission. Mr. Kannankutty explained that the top of the dike has to be three feet above the
100 year flood so in effect it won't be flooded.
Mr. Pearson said he would recommend that:
1 ) There be a hold harmless agreement with the Commission and the Corps of Engineers.
2) That there be discussion and agreement concerning a bilge pump which is discharging
polluted water from the parking lot directly to the creek. We should talk to the people from
the PCA who are working on the National Pollution Discharge Elimination System (NPDES)
permit program.
• They will also need a permit from the City of Minneapolis. Mr. Kannankutty agreed that
there should be a hold harmless agreement.
• The Commission could insert a requirement that they obtain NPDES approval.
• Mr. Enck questioned concerns about economic hardship. He said the building is triple the
size of the last one approved. He also asked whether this was an infringement of our
policy.
• Mr. Moore stated that building in a fringe area is permitted when flooding damages are
not being increased.
Ck"k, OCT �G'9J
1�
4
• Mr. Sonnenberg stated there were alternatives and that a more expensive method could be
used.
• Mr. Pearson warned that we need to be setting policies and standards concerning water
quality and encroachment on the floodplain and that the Commission, the City of
Minneapolis, and the Corps of Engineers should be protected.
• Mr. Kremer read parts of the approved plan that he thought referred to a request of this
type.
• It was questioned whether the issue was over technique or whether they can build or not.
• It was asked what the Minneapolis requirements were. Mr. Kannankutty answered that
building in the flood plain requires approval from the Commission.
• Mr. Moore asked if we still need easements from Glenwood -Inglewood. Requirements
could be added. He also mentioned the hold harmless provision.
Mr. Pearson recommended that the Glenwood -Inglewood request be referred to staff for further
study. Moved by Mr. Sonnenberg, seconded by Mr. Kannankutty, and carried unanimously. Mr.
Enck asked Mr. Kannankutty to do some research also.
5. Flood proofing of Golden Valley homes. Mr. Kremer briefly summarized the history of these
homes and why floodproofing was not done. After further discussion, it was decided to defer this
to the next meeting when representatives of Golden Valley would be present.
Old Business
1 . Medicine Lake grant application and the effect of the EPA policy Mr. Runke of Barr Engineering
had prepared a brief report. A meeting had been attended by Messrs. Moore, Wand, Monk and
Kremer. As the draft policy recommended by E.P.A. stands, it affects only new development.
Discussion followed regarding amending our grant application and applying monies to do a study
as to what nutrient benefit we could get from retrofitting existing stormwater ponds for water
quality enhancement. Mr. Monk asked where could we go to prepare an estimate. It was moved
by Mr. Moore and seconded by Mr. Gustafson that we prepare a request that our grant application
be amended to do the evaluation. Carried unanimously.
2. Request of extension of the overall Corps project. Discussion followed as to the length of time for
the extension. The construction at Highway 100 would be one of the reasons for the request. A
two year extension was suggested by Mr. Monk. It was also recommended that we request a
completion date of 1993. Mr. Monk suggested 1994, saying that the Corps could always cut the
time down. It was moved by Mr. Monk that we ask for an extension of two years. Seconded by
Mr. Gustafson and carried unanimously.
Adjournment
Since there was no further business, it was moved by Mr. Monk and seconded by Mr. Moore that the
meeting adjourn. Chairman Enck adjourned the meeting at 1:35 P.M.
W. Peter Enck, Chairman
Donald Rye, Secretary
Elaine Anderson, Recorder
Date:
PLYMOUTH FIRE DEPARTMENT
MONTHLY REPORT
TYPE OF REPORTED INCIDENTS BY
TIME
OF DAY
1989
MONTH:
SEPTEMBER 1990
29
FALSE ALARMS:
40
48
TOTAL CALLS:
58
77
NUMBER OF
ESTIMATED LOSS:
$28950
0001
0601
1201
1801
CONFIRMED
FALSE
PERMITS
ESTIMATED
0600
1200
1800
2400
CALLS
ALARMS
TOTAL
ISSUED
LOSS
1
3
2
5
4
7
11
3
$26200
PRIVATE DWELLINGS
APARTMENTS
2
2
7
6
2
15
17
6
HOTELS & MOTELS
0
OTHER RESIDENTIAL
0
PUBLIC ASSEMBLY
0
SCHOOLS & COLLEGES
1
1
2
2
1
HEALTH CARE INST
3
3
3
1
PENAL INSTITUTION
0
STORES & OFFICES
1
3
2
2
3
5
8
2
$150
INDUSTRY, MFG.
3
1
1
5
5
STORAGE IN STRUCTURE
1
1
1
SPECIAL STRUCTURES
0
OUTSIDE OF STRUCTURE
0
IN HIGHWAY VEHICLES
1
3
3
2
7
2
9
$2600
IN OTHER VEHICLES
0
IN BRUSH, GRASS
0
IN RUBBISH, DUMPSTER
1
1
1
ALL OTHER FIRES
0
MEDICAL AID RESPONSE
0
MUTUAL AID GIVEN
0
ALL OTHER RESPONSES
1
1
1
TOTALS
6
18
17
17
18
40
58
13
$28950
*MALICIOUS FALSE 2
*MUTUAL AID RECEIVED 1
*IN ABOVE TOTALS
r )
1990
1989
CONFIRMED CALLS:
18
29
FALSE ALARMS:
40
48
TOTAL CALLS:
58
77
C=3
ESTIMATED LOSS:
$28950
$37650 '
r )
PLYMOUTH FIRE DEPARTMENT
MONTHLY REPORT
TYPE OF REPORTED INCIDENTS BY
TIME
OF DAY
283
358
344
652
JAN - SEP
1990
$209750
NUMBER OF
0001
0601
1201
1801
CONFIRMED
FALSE
PERMITS
ESTIMATED
0600
1200
1800
2400
CALLS
ALARMS
TOTAL
ISSUED
LOSS
10
28
32
35
62
43
105
19
$220200
PRIVATE DWELLINGS
APARTMENTS
39
44
64
58
35
170
205
52
$128850
HOTELS & MOTELS
2
2
3
3
3
7
10
4
$0
OTHER RESIDENTIAL
0
0
0
1
1
0
1
0
$0
PUBLIC ASSEMBLY
0
2
2
3
2
5
7
2
$0
SCHOOLS & COLLEGES
2
4
13
12
2
29
31
11
$0
HEALTH CARE INST
1
3
2
3
2
7
9
2
$200
PENAL INSTITUTION
0
0
0
0
0
0
0
0
$0
STORES & OFFICES
6
18
14
17
15
40
55
22
$34150
INDUSTRY, MFG.
2
17
13
6
8
30
38
12
$10100
STORAGE IN STRUCTURE
0
1
1
2
2
2
4
0
$0
SPECIAL STRUCTURES
1
0
1
0
1
1
2
0
$500
OUTSIDE OF STRUCTURE
1
0
0
0
1
0
1
0
$0
IN HIGHWAY VEHICLES
8
16
17
15
43
13
56
0
$90900
IN OTHER VEHICLES
1
2
0
0
3
0
3
0
$4700
IN BRUSH, GRASS
1
6
26
18
49
2
51
0
$0
IN RUBBISH, DUMPSTER
7
2
2
1
11
1
12
0
$0
ALL OTHER FIRES
2
2
1
2
6
1
7
0
$0
MEDICAL AID RESPONSE
1
2
3
1
6
1
7
0
$0
MUTUAL AID GIVEN
0
3
4
2
9
0
9
0
$0
ALL OTHER RESPONSES
2
12
19
6
33
6
39
0
$0
TOTALS
86
164
217
185
294
358
652
124
$489600
*MALICIOUS FALSE 22
*MUTUAL AID RECEIVED 3
*IN ABOVE TOTALS
JANUARY -SEPTEMBER
CONFIRMED CALLS:
FALSE ALARMS:
TOTAL CALLS:
ESTIMATED LOSS:
0
1-0
C6
0
1990
1989
294
283
358
344
652
627
$489600
$209750
H
•
POLICE FALSE ALARMS PERMITS
1989 113 58
1990 112 61
CHANGE -0.8 $ +5.1 $
FIRE FALSE ALARMS
1989 48
1990 40
CHANGE -16.7
PERMITS
5
13
160
CSP. OCT 1 9 '°0
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 19, 1990
TO: James G. Wi,YI i /Cit, Manager
FROM: Charlesrud, Community Development Coordinator, through
Blair Tre Community Development Director
SUBJECT: HENNEP ' COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT
APPLICATION (89057)
The City of Plymouth has not received response to our letters of August 24,
1990, and August 31, 1990, containing a total of 33 items in need of
clarification or additional information regarding the subject project.
Representatives of Hennepin County met with City staff on September 18, 1990.
The purpose of that meeting was to discuss issues raised by our letters of
August 24 and August 30. Hennepin County is continuing to prepare responses
to the Development Review Committee letters. As of this date, the subject
application remains in Stage II of the Development Review Committee processing
system.
The Hennepin County staff has informed the City verbally that revised plans
will be submitted by November 1.
(cc/cd/89057:dl)
CiM OCT 19 ,90
CUSTOMER SERVICE LINE
October 12, 1990
PROBLEM: This week's recycling was not picked up on Wednesday.
The same thing happened about one month ago where
recycling was not picked up on Wednesday as scheduled
until Thursday, or was not picked up at all.
SOLUTION: Mr. Norenburg would like to know if this delay was
caused by a holiday. He also requests that residents
be notified if there is no pickup one week so that
residents do not put recyclables out.
CIM or,10'90
6
CITY OF
October 17, 1990 PUMOUTR
Mr. Scott Norenburg
2753 Upland Lane
Plymouth, MN 55447
SUBJECT: RECYCLING MISSED PICKUP
Dear Mr. Norenburg:
I am sorry to hear that your recycling was not picked up on the
scheduled day recently. This was not due to a holiday, and I suggest it
was possibly a human error on the part of the driver. Our contract
hauler informs me that he does have a couple of fairly new drivers on
the route. The standard procedures in our contract regarding missed
pickups are:
1. Call the hauler at 890-1100 and inform them of the fact
that you are missed.
2. Call the City at 550-5070 at the end of the day of your
scheduled pickup or early the next morning following the
day of your scheduled pickup. The City will get the
information to the hauler who will then pick you up on the
very next day.
The contractor has been doing a very good job of avoiding missed pickups
such as your's, however, there will be an occasional miss. We ask your
indulgence in making the phone call to the City and leaving your items
at the curb. We will make sure it is picked up the following day. If
we do not hear from you, however, we have no way of knowing that you
have been missed, and therefore, cannot correct the problem. We do
appreciate very much your call and hopefully you will not be missed
again in the future.
Thank you.
Sincerely,
.(2.aQjj-
Richard J. Pou iot
Project Coordinator
RJP:kh
cc: Fred G. Moore, Director of Public Works
James G. Willis, City Manager
Helen LaFave, Communications Coordinator
CIV
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CUSTOMER SERVICE LINE
October 11, 1990
PROBLEM: Schmidt Lake Road is scheduled to go in behind
Ms. Doyle's house and also behind the 4800 block of
Kingsview Lane. She is concerned that a row mature
trees will need to come down in order for the road to
go through.
SOLUTION: Move the road about 20 feet north where there is a
natural clearing and farmer's field to avoid the
removal of these mature trees. She also requested a
list of City Councilmembers. (Communications
Coordinator mailed her the list).
CIM OCT 1 0'90
s
CIN OF
PLYMOUfR
October 12, 1990
Ms. Diane Doyle
4835 Juneau Lane
Plymouth, MN 55446
Dear Ms. Doyle:
Thank you for calling the Plymouth Customer Service Line. I have
referred your concern about the trees that would need to come
down in order for Schmidt Lake Road to be constructed to Public
Works Director Fred Moore. He will contact you shortly regarding
this concern.
As you requested, I have enclosed a list of the Plymouth City
Councilmembers. All Councilmembers are elected at large.
Thanks again for bringing this matter to our attention. If you
need any more information after speaking with Fred, please feel
free to contact me at 550-5011.
Sincerely,
W&Q;-" (tk1
James G. Willis
City Manager
JW:kec
cc: Fred Moore, Public Works Director
S.F. 10/26/90
Cine OCT 19' `13
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
7=—\O
CUSTOMER SERVICE LINE
October 15, 1990
PROBLEM: Mr. Anderson and his wife frequently run on the Luce
Line trail. He reports that increasingly people with
very aggressive dogs are walking their dogs on the
trail without leashing them. He would like to know if
Plymouth has a leash law.
SOLUTION: Provide Mr. Andeson with information on the City's
leash law and enforcement policy.
CIM OCT 19'90
Z 10
CIN OF
PLYMOUfFF
October 15, 1990
Mr. Robert Anderson
604 Kingsview Lane North
Plymouth, MN 55447
Dear Mr. Anderson:
Thank you for calling the Plymouth Customer Service Line. I have
referred your concern about people walking their dogs without a
leash on the Luce Line trail to Public Safety Director Dick
Carlquist. He will contact you shortly regarding this concern.
Thanks again for bringing this matter to our attention. If you
need any more information after speaking with Dick, please feel
free to contact me at 550-5011.
Sincerely,
es G. Willis
Ci y Manager
JW:kec
cc: Dick Carlquist, Public Safety Director
S.F. 10/22/90
ciao OCT
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CUSTOMER SERVICE LINE
October 9, 1990
ANONYMOUS
PROBLEM: Abandoned car at 11624 Highway 55. No current license
on it. The car has been there for two years and is
unsightly. (October 8, 1:17 p.m.)
SOLUTION: See that the abandoned car is removed as soon as
possible.
cINA, OCT 11 `90
=\o
PLYMOUTH POLICE DEPARTMENT
MESS KEY
E C 1
/
BRUNING
NUMBER OCA
0 0, 1# 61 gFla /
CONT. AGEN Y NCIC t ENT. CAG
SIG_ EDxcg
DATEMM REPORT MADE
M N 0 12 1 711, j 7 10 1 0/
-CONIROL
9,
DAY: S M T W T F S
LNBR DATE REPORTED
2❑ 1 0101 9
RPO TIME RPO TRP
LOCATION GRID NOR (LGN)
, ,/
9 0,
./
PLACE COMMITTED IPLCI
O � t v l SQUAD OR BIiDGE�) TIME ASIG. (TAS) T181 TIME CLR. (TCL)
P 3 / / (t ,�, 7, 6, 2/ 1 7 0 0/ 1 8 5 0/ 11 1 9 1 0 1 4/
LNBR ISNUOC UCS
F-4] ®/ /❑
OFFENSE OR INITIAL COMPLAINT❑
JUNK VEHICLE
VICTIM IIF FIRM, NAME OF FIRM,, NAME OF PROP.)
D.O.B OI
IF VICTIM 15
A PERSON
PERSON REPORTING OFFENSE TO POLICE
ANONYMOUS
FINDINGS. DISPOSITION OR LOSS
OFFICER ASSIGNED
ASSISTED BY
BRUNING
SUPR. APPROVEDTECTIVEA
SIG_ EDxcg
.I -
DATE k TIME OCCURRED
ONGOING
BUSINESS ADDRESS
HOME ADDRESS
SCHOOL GRADE
IF
JUVENILE
BUSINESS ADDRESS
HOME ADDRESS
SUSPECT OWNER: LORRAINE HELEN BEAM
11624 HWY 55, PLYMOUTH 55441
WF -DOB 100219 -
545-8255
MENTIONED* SHERMAN BITTLE
871-4865
SUSPECT VEHICLE: MN LIC #BSW 672, SERIAL #6L47S70132466
HRD Codes
P - Phone
R - Radlo
A - Alarm
I In Person
V Visual
M - Mad
T - Other
OME Pf-
H.1�
T'S NAMES
BUSINES
HOME PI•
Cly OCT
On -101090 -at 1850 hours I -responded to -11624 - Hwy -55 in response to -a memo
that was -sent down--from-Helen LaFave -regarding a -complaint received on-a--24-
hour
n-a--24-
hour customer -service line - by -an -anonymous resident of the -City of - Plymouth.
The -complainant stated that a -junk vehi-cle was parked -on the lot at the above
address and had been there for two years and was unsightly.
I found -the above -vehicle parked -at -the bottom - of the -hill -in -the -back yard
next to a storage shed.- The. vehicle appeared -to be inoperable, -and the
wheels were -semi-submerged by earth due - -to -an -apparent -lengthy stay -in- the
same - position. - - - I approached - -the -residence - -and -spoke with the - above
homeowner. He -stated that Mr -Bittle owned the -vehicle and -was going to - -move
the -vehicle -shortly. I -asked -him how long the vehicle had been - there, -and she
stated approximately -one -year. - -I -advised -her - that --it -was - -against -City
ordinance to have a vehicle that was not currently -registered -parked on- a lot
in - the City . -of Plymouth and - -pointed -out to -her that -the -above - vehicle
displayed August 1989 -expiration. She stated- that she would -contact Bittle
and have the -vehicle removed. - I -asked -her -how much time -she would -need -to
remove the vehicle, - and we came -to an agreement of -a 3 -week period of -time.
I - advised her that I -would be sending - -her -a - mailing -including a public
nuisance report and.a copy of the ordinances pertaining -to the -above -offense.
I also advised her that I would be happy to call Mr Bittle if she felt that
J
RUTH POLICE DEPT.
- OR INCIDENT
.JLIC NUISANCE/JUNK VEHICLE
PAGE 2
SUPPLEMENTARY/CONTINUATION REPORT.
/693
would -assist -her - in - having - the vehicle -removed - from -the -property. - -She felt
that she would -be -able -to -work -with -the vehicle -owner, -however,--I -left her a
business card and advised her to call me if she needed any assistance.
A mailing was -prepared €or -Beam-consisting -of -cover -letter, -a -public - -nuisance
report, a copy -of-the-pertinent-ordinances, with a -reinspection date -set up
for -103190. - -It was - noted -on -the - bottom -of -the - public -nuisance -report for
Beam to. -contact -this officer should -she have any questions or concerns she
would like to discuss.
A copy of this report should be forwarded to Helen LaFave.
BRUNING:sb
CITY OF
October 17, 1990 PUMOUTR
Robert Anderson
604 Kingsview Lane
Plymouth, MN 55447
SUBJECT: UNLEASHED DOGS ON THE LUCE LINE TRAIL
Dear Mr. Anderson:
Thank you for calling the Plymouth customer service line. Your
concern about dogs being allowed to run unrestrained on the Luce
Line Trail has been forwarded to Community Service Officers for
their immediate attention.
People who walk their dogs along the Luce Line Trail often ignore
City ordinance 915.11, which states "no owner of a dog shall
permit it to be at large within the City. Every owner of a dog
shall keep it under restraint at all times." They ignore this
ordinance because when walking the Luce Line Trail they feel they
are no longer in a residential area, and that releasing the dog
would cause no problem.
I have asked the Community Service /Officers to patrol the Luce
Line at different times to inform citizens of the ordinance.
Persons in noncompliance after being warned may be cited for the
offense.
I would also ask you to call 9-1-1 in the future to report these
incidents as they occur. The Plymouth Police Department takes
the City animal ordinances very seriously, and we appreciate
citizen involvement.
If you have any additional questions or concerns, feel free to
contact me at 550-5160.
Sincerely,
Richard J. rlqui
Public Safety Director
Plymouth Police Department
RJC/sb
cc: James G. Willis - City Manager CIAO OCT 19'90
Helen LaFave
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 10, 1990
TO: Fred Moore, Public Works Director
FROM: Helen LaFave, Communications Coordinator
SUBJECT: CALLS ON CUSTOMER SERVICE LINE
Ruth Gregory, 14811 Gleason Lake Drive, 475-2643, called the 24-
hour Customer Service Line stating the Sailor published a list of
plat numbers and lot numbers slated for assessments. She said
the information was meaningless to her. She is concerned that
her area may be scheduled for some type of special assessment and
would like someone to call her back to inform her whether or not
her area is slated for an assessment.
Please respond to Ms. Gregory by October 17 and forward a copy of
your response to me.
HL:kec
cc: James G. Willis, City Manager
S.F. 10/10/90
T Nc.1c.':
1 C.0,11ta cx-%4 to.I Keo w:+1 Rv4k G
•v. I
4SJe ISrht-.+ f••cetj Sit :S �cw
po-.O�pe.*-v N.a.s i -e, 1-t -oLtSecS, 1
L4.- e.•t A f tecvL a h.ttcc
IO -IL -90
Stif—
CIM Ou 1 Q "1
THE LONGER VIEW
Growth
Management
Good for the Town,
Bad for the Nation?
Benjamin Chinitz
FE . IVE�D
OCT 9 1990
CITY OF PLYMOUTH
COMMUNITY DEVEWPMENT DEPT
Reprinted by permission of the Journal
of the American Planning Association,
Vol. 56, Issue 1. Winter 1990.
Chinitz, an urban economist, completed his doctoral
work at Harvard in 1956. As professor, author, consul-
tant, and public servant, he has focused his attention on
the factors that produce growth or decline in urban areas
and regions, and the role of public policy and local ini-
tiatives in affecting these trends. In September 1987,
Chinitz was appointed director of research at the Lincoln
Institute of Land Policy in Cambridge, Massachusetts.
In his classic economics text the Nobel laureate Paul
Samuelson defined what he calls the "fallacy of com-
position": the idea that what is good for one may not
necessarily be good for all. His example is personal sav-
ing. Although great for the individual, high rates of sav-
ings are bad for society because, unless they take the
form of real capital investment, they can lead to a reces-
sion.
Taking a leaf from Samuelson's book, I propose to ex-
amine the applicability of the fallacy of composition to
land policy, particularly to growth management. I see
the issue as whether individual communities, as they im-
plement land use regulations to protect the quality of
their own environments in the face of growth, exacerbate
or ameliorate the contemporary environmental concerns
of the nation, or for that matter, the world as a whole.
My presumption that community -level land policy has
wide nonlocal ramifications derives from the fact that a
number of important environmental concerns are land -
use -related and are tied to growth. Thus, I would argue
that local growth management programs are a mixed
blessing. In some ways they assist in achieving national
and global environmental goals and in other ways they
detract from this mission.
Growth and the Environment
I define growth as the expansion of developed space.
Its sources are typically increases in population and eco-
nomic prosperity, which generate higher demands for
housing, workplaces, service establishments, roads, and
schools, and lead to the exploitation of land and natural
resources. It is a mistake to define growth only in pop-
ulation terms, although it might be hard to argue that in
California and Florida. It must encompass growth in em-
ployment and income as well.
"Unmanaged" growth depletes the capacity of nature
to support economic activity, a high standard of living,
and life itself. This loss creates environmental stress. In
a recent report, The Crucial Decade. The 1990s and the
Global Environmental Challenge (1989), the World Re-
sources Institute enumerated several growth -related
problems: global warming, acid rain, deforestation, and
the reduction of biodiversity. The institute viewed these
concerns as having worldwide dimensions. It argued that
these problems can be resolved only through interna-
tional cooperation, and urged the Bush administration to
exert leadership in this area.
While the United States shares all these global con-
cerns, it also has a broader national environmental
agenda. Among the issues of concern are reduced air
quality for a large fraction of the urban population, loss
of valuable wetlands, poor water quality, the pollution
of lakes and oceans, and the inadequate disposal of all
kinds of hazardous wastes, including nuclear wastes.
Clearly, land use patterns contribute to both global
and national environmental losses. In fact, unmanaged
growth has two manifestations. The first is USING THE
APA JOURNAL 3 WINTER 1990 cim OCT 19 }90
BENJAMIN CHINITZ
WRONG LAND. An example is appropriating wetlands
for development. The second is USING LAND THE
WRONG WAY. Urban sprawl that encourages auto-
mobile use and results in an inappropriate pattern of de-
velopment is illustrative. The major "villains" in the link
between growth and environmental degradation are
technological advances that encourage the burning of
fossil fuels and behavioral attitudes that encourage the
undisciplined use of the private automobile and the gen-
eration of large volumes of solid and liquid waste.
The Environmental `Problem' at the
Local Level
When I lie awake at night in Newton, Massachusetts
(a Boston suburb that is experiencing further develop-
ment in the absence of population growth) and worry
about the security of my environment, all these global
and national issues provide the backdrop for an agenda
that is a lot more "local." I worry about potential de-
velopment projects in town and I am afraid they will
increase traffic on my street, affect my route to work,
make parking even more difficult in the nearby shopping
villages, and spoil the visual setting that I enjoy when I
look out the window of my house or my car. I worry
about my water supply, both its quantity and quality. I
worry about the preservation of open space in the neigh-
borhood and the rest of the town. I am concerned that
all the suburban landscape that I treasure and that con-
tributes to my sense of well-being will be irreparably
damaged by the unmanaged growth I see around me.
My list is perhaps shorter than the standard list in the
expanding literature on growth management, which
might also include such concerns as localized air pollu-
tion, hazardous waste disposal, wetlands management,
and water pollution. But then, I ask myself, who is in
charge? Which governments that command my loyalty
and my taxes can I trust to protect my treasured envi-
ronment?
Who Makes Land Policy?
Land policy in the context of growth is public policy
aimed at modifying "market" -driven land use choices in
ways that would reduce the negative environmental con-
sequences of growth. It can refer to local, state, and fed-
eral jurisdictions. Many actors participate in making land
use policy. For example, the federal government, which
is the majority owner of land in our country, makes de-
cisions on the disposition of such land. It decides whether
to retain it in its natural form, develop it into national
parks, or make it available for natural resource devel-
opment. In addition, in recent decades the federal gov-
ernment has dealt directly with such growth -related en-
vironmental problems as air and water quality and the
disposition of wastes. Although these activities do not
explicitly involve land policy, they do involve procedures,
such as the preparation of environmental impact state-
ments (EIS), that might require a locality to alter its land
policies to comply with federally promulgated air and
water quality standards.
A growing but still short list of state governments have
developed legislation to help manage growth through
land policy. Oregon and Florida were the pioneers in the
1970s. In the 1980s they have been joined by Maine,
Vermont, Rhode Island, New Jersey, and most recently
by Georgia. In Oregon and New Jersey the focus is on
state planning to influence where growth occurs. In Flor-
ida, particularly since new legislation was enacted in
1985, the emphasis has been on assuring that new de-
velopment will occur concurrently with the provision of
the needed infrastructure. Other states use carrots and
sticks to encourage local comprehensive planning com-
bined with regional review of proposed projects that have
regional impact.
At the local level, some towns, cities, counties, and
regions have engaged in a flurry of growth management
activity. In recent years, particularly but not exclusively
in California, the November ballot has been crowded
with referenda to somehow "limit" or "control" or "plan"
for, or "charge" for, growth. From San Diego to Virginia
Beach, hundreds, possibly thousands, of communities
have introduced new systems of land use regulation under
the banner of growth management. Some communities
like Boulder, Colorado, have emphasized impact fees.
Others, like Aspen, have focused on quotas. Virginia
Beach and Montgomery County have resorted to transfers
of development rights (TDRs) to restrict development to
certain zones. Amherst, Massachusetts, has introduced
open space zoning.
However the locals go about the task of managing
growth within their jurisdictions, their actions will affect
which lands are developed and which are not, and the
pattern of development that emerges. Which brings us
back to the question: are local and state efforts to protect
environmental assets in the course of growth consistent
with national and global goals for the environment? Are
locally determined land policies productive, counterpro-
ductive, or neutral in this regard?
Development versus Conservation:
What Are the Costs?
The most unambiguous role for local growth manage-
ment land policy in preserving environmental assets in
the face of pressures generated by population and eco-
nomic growth is to confront hard choices between de-
velopment and conservation. But can land policy aimed
at preserving lands possessing high social values be pur-
sued simultaneously at all levels of government in a rea-
sonably consistent manner?
At first blush, the answer would seem to be, Yes! We
have national parks, state parks, and local parks. Cu-
mulatively, that adds up to the preservation of a lot of
open space. If Community A acts aggressively to protect
its wetlands, it contributes to the national goal of pro-
tecting wetlands. If the state of Florida succeeds in its
efforts to "save" the Everglades, it will not complicate
APA JOURNAL 4 WINTER 1990
C{ill QC%T 10, " 1
GROWTH MANAGEMENT
Photograph by Sarah S. Lewis
Chris Anderson, House in Search of a Site, 1989, oil, charcoal, pastel, graphite on paper, detail, 60" x 76".
similar efforts in other areas of the country. In New
England, where conservationists are intent on preserving
the northern woods in Maine, Vermont, and New
Hampshire, which are threatened by development, the
use of public funds to acquire such properties is not mak-
ing life more difficult for other regions of the country.
Before we leap to the conclusion that local land con-
servation efforts are almost necessarily additive rather
than competitive or conflicting, we need to reckon with
the implications of the free flow of people across juris-
dictional boundaries. Open space in community A may
be of value to residents in the adjoining community B.
The collective "demand" for preserving the space would
justify withholding it from development. But on its own,
community A might favor development, for open space
is costly to maintain and developed land yields tax in-
come, which open space does not. And community B,
the profiting neighbor, contributes nothing to support
the conservation areas.
Recognizing the interdependence of communities in
land use decisions and the fact that communities may
differ in their commitment to conservation qualifies but
does not negate the conclusion that, insofar as local
growth management efforts are aimed at land conser-
vation, they can have a large measure of additivity.
Land Use Patterns, Suburban Zoning,
and Growth Management
Local growth management programs often determine
how, when, and for what purpose developed land should
be used. Long before the term "growth management"
became fashionable, localities had decided that land use
decisions would not be left entirely to the marketplace,
APA JOURNAL 5 WINTER 1990
CIM OCT 19'°0
BENJAMIN C14INITZ
and developed a reasonably elaborate regulatory system:
zoning ordinances, subdivision regulations, and building
codes. Their rationale was that land markets do not work
perfectly because developers might not necessarily take
into account the costs or the benefits they might confer
on others by their decisions concerning the precise use,
density, design, and timing of the development. Thus,
localities assumed that the public welfare could be pro-
tected by public planning and regulation processes and
implemented the appropriate measures.
Before we consider this aspect of land policy in the
context of growth management, we should ask whether
good, old-fashioned local land use planning and regu-
lation in the pursuit of the local public interest contribute
to or complicate the resolution of national and global
environmental concerns. The term "local" embraces a
wide range of community sizes and types. It includes
governments of large cities like New York and Los An-
geles, as well as of small towns in rural areas, and sub-
urban governments in metropolitan areas. For the pur-
poses of this essay, I will address suburban land use plan-
ning.
In the 1950s and 1960s suburban land use planning
came under attack as critics argued that current practices
were self-serving at the expense of the national interest.
The argument expressed in such books as Manmade
America by Christopher Tunnard and Boris Pushkarev
(1963) was that suburban land use regulation that en-
couraged low density development and the rigorous sep-
aration of different kinds of land use contributed to sprawl
and discontinuous development. Pointing to the dramatic
44 consumption' of land per capita in the post-war period,
Tunnard and Pushkarev and others maintained that land
policy that maximized rather than minimized the diver-
sion of land from other uses was bad. They argued that
it raised the costs per capita of providing infrastructure
and that it contributed to auto dependency. They asserted
that, to put together a complete life of work and play,
people "had" to travel a lot more than they did in the
big, old, high-density city. They had to commute to their
jobs; they had to drive to shopping centers, recreational
and cultural opportunities, schools and churches, and
relatives and friends. Furthermore, these critics charged,
mass transportation modes could not function efficiently
and profitably in low density areas.
Critics of sprawl resented national and state policies
and programs that favored single family homeownership
and thus tipped the scales in favor of suburban sprawl.
They also objected to the aggressive support and subsi-
dization of the construction of highways so essential to
the mobility of the auto -dependent suburbanites. In effect,
they criticized the then -current view of the national in-
terest as defined by these programs. They sought to re-
direct public attitudes to a deeper appreciation of the
nation's environmental assets.
Until the advent of the energy crisis and the "nation-
alization" of clean air as a social goal in the seventies,
the critics of sprawl were clearly on the defensive. Per-
ceived as harboring elitist conceptions of urban design,
they failed to appreciate the dominant view that subur-
banization reflected consumer choice in the marketplace
and public choice in local land use policy. To the extent
that federal housing and transportation programs subsi-
dized such growth, it could also be argued that the people
were using legitimate democratic processes to advance
their goals.
But the energy crisis and the growing concern over
air pollution in the early 1970s contributed to a change
in public opinion. Now, land policy that encouraged auto
dependency threatened the nation's independence in the
conduct of foreign policy and endangered the health of
a large number of its citizens. And, of course, the high
price of oil and the lines at the gasoline station also were
cause for reconsideration of the contemporary land use
practices that had engendered the suburban sprawl life
style.
From a planning point of view, a more important mile-
stone in the change in public attitude towards sprawl
occurred in 1975, with'the publication of The Costs of
Sprawl, a study conducted by the Real Estate Research
Corporation for a triad of federal sponsors: the U.S.
Council on Environmental Quality, the Department of
Housing and Urban Development, and the Environmental
Protection Agency. This study of four hypothetical com-
munities, ranging in density from very high to very low,
concluded that high density conferred significant econ-
omies in energy consumption. Such economies resulted
from two sources: less automobile travel and more ef-
fective insulation of housing units. This study was ex-
ceedingly important because it established a basic intel-
lectual framework for ten years of planning and public
policy thinking.
Enter Growth Management
Differing in theory and practice from suburban large -
lot zoning, growth management regulates the rate and
timing of growth. It also involves developers in the fi-
nancing of infrastructure. And, in contrast to zoning,
which is passive and static, growth management is active
and dynamic. While zoning defines the desired fully built
town, the ultimate equilibrium, growth management
seeks to maintain an ongoing equilibrium between de-
velopment and conservation, between various forms of
development and the concurrent provision of infrastruc-
ture, between the demands for public services generated
by growth and the supply of revenues to finance those
demands, and between progress and equity.
The question remains. How will the use of locally based
growth management techniques aimed at the simulta-
neous pursuit of these equilibria affect patterns of de-
velopment, and will these effects be productive or coun-
terproductive in terms of national and global environ-
mental concerns? As with traditional large lot zoning,
the key issue is whether growth management will en-
courage urban sprawl and thereby increase automobile
usage, which will contribute to the problem of pollution
APA JOURNAL 6 WINTER 1990
CSM OCT 19 ,90
GROWTH MANAGEMENT
with its adverse health and global warming conse-
quences.
Growth Management and
Urban Sprawl
The answer to this question is not clear. Some re-
searchers, represented by economist William Fischel
(1989), argue that:
Oland use controls, especially overall growth con-
trol programs, are important constraints on the land
market.... Inefficiently restrictive growth con-
trols probably cause metropolitan areas to be too
spread out.... Nocal ordinances cause devel-
opers to go to other communities. The most likely
alternative sites are in exurban and rural commu-
nities, where the political climate, at least initially,
is more favorable to development.... Dispersion
of residences and jobs promotes more automobile
travel and longer trips, creating more congestion
and pollution.
Others, such as transportation analyst Alan Altshuler
(1977), professor of public policy at the Kennedy School,
Harvard University, had earlier raised serious questions
about the base study of all these allegations, The Costs
of Sprawl, noting that the difference in estimated mileage
of auto travel between high and low density communities
has been frequently grossly exaggerated and so therefore
have the estimated costs of low density in terms of energy
savings and reduced emissions.
But setting aside the validity of the conclusions of the
Costs of Sprawl, we must recognize that we face a dif-
ferent situation today from the one we confronted a de-
cade or two ago. The traditional view of the suburbs as
primarily residential (i.e., having more workers than jobs)
is no longer valid. In the six largest metropolitan areas
in the Northeast, the suburbs accounted for 55 percent
of the population in 1984 and for 57 percent of employ-
ment in the four major sectors—manufacturing, retail,
wholesale, and selected services. In the six largest met-
ropolitan areas in the South and West, suburban resi-
dential share still exceeded suburban job share, but the
excess had shrunk from 16 percent in 1950 to 9 percent
in 1982-1984 (Heilbrun 1987). The traditional view was
based on the belief that workers traveled from their
homes to central cities. Today we know that 62 percent
of all workers have intra -suburban commutes. Thus, the
assumption that sprawl leads to greater commuting in-
stances may not be as accurate as it used to be.
In a recent study, "Congestion, Changing Metropolitan
Structure, and City Size in the United States," economists
Peter Gordon, Ajay Kumar, and Harry W. Richardson
(1989) shed new light on this issue. They survey ten major
metropolitan areas and conclude "that relocation and
other spatial structure adjustments by households and
firms have avoided severe traffic diseconomies in large
metropolitan areas." Granted that the average resident
of Manhattan drives fewer miles than the average resident
of Long Island, it is still not obvious that the average
resident of Suffolk County, the outer county of Long Is-
land, drives that many more miles than the average res-
ident in Nassau, the inner county. Thus, even if suburban
growth controls "bump" development outward, it does
not follow that average commuting distances will be in-
creased and that average miles driven will be increased.
But additional studies challenge another important as-
sumption of the anti -sprawl critics who equate dispersion
with low density development. Real estate analyst Rich-
ard B. Peiser (1989) drew on evidence from Dallas, Texas,
Montgomery County in Maryland, and Fairfax County in
Virginia to argue in his article "Density and Urban
Sprawl" that "a freely functioning urban land market
with discontinous patterns of development inherently
promotes higher density of development ... by later
infill." He concludes that, "if higher densities closer to
the CBD are desired, then cities should avoid policies
which require sequential development."
Peiser's findings show that, when a community says
to a developer, "Go away," the developer is just as likely
to move to the built-up area of the metropolitan region
as to the periphery. The density of that development is
just as likely to be greater in the new location than it
might have been in the original chosen location. Fur-
thermore, given the substantial decentralization of em-
ployment, it does not follow that new housing develop-
ments on the periphery will lead to higher average com-
muting distances.
Growth Management: Pro and Con
On the basis of the arguments and the evidence ad-
dressed above, it is hard to apply the "fallacy of com-
position" to local growth management efforts. These ef-
forts may not contribute to the "solution" of national and
global environmental concerns, but they do not contrib-
ute to the problem. Land use patterns that result from
local growth management programs are not likely to be
counterproductive from the perspective of normal and
global environmental goals.
Local efforts to conserve lands that are crucial to the
preservation of the environment are more likely to be
complementary than competitive with similar efforts at
the normal and global level. The direct line that some
people have drawn from growth management through
urban sprawl to greater automobile usage and its adverse
consequences for the environment is fraught with fallacy.
It is based on the logic of an earlier period in the post -
World War II history of metropolitan growth, a logic that
was seen to be fallacious even then by some observers
and is definitely seen as so now.
I don't, however, worship unquestioningly at the altar
of local growth management. Clearly, growth manage-
ment has drawbacks. For example, Fischel's research re-
view proves rather conclusively that local growth con-
trols tend to increase housing prices, in part because of
constraints on supply and in part because of the added
APA JOURNAL 7 WINTER 1990 Cm OCT 19 ,90
BENJAMIN CHINITZ
"amenity" value. Neighborhoods that are effectively
protected by growth management are more desirable
places to live. Regional planners focus on the impossi-
bility of reconciling supply of and demand for infrastruc-
ture without "regional" as opposed to local planning.
But these important reasons for being critical of local
growth management do not extend to environmental
concerns. On the whole, growth management policies
merit continued development, monitoring, and evaluation
to further refine their beneficial qualities.
REFERENCES
Altshuler, Alan. 1977. Review of The Costs of Sprawl.
Journal of the American Planning Association 43, 2:
207-209.
Fischel, William A. 1989. Do Growth Controls Matter?
A Review of Empirical Evidence on the Effectiveness
and Efficiency of Local Government and Land Use
Regulation. Unpublished paper prepared for the Lin-
coln Institute of Land Policy.
Gordon, Peter, Ajay Kumar, and Harry W. Richardson.
1989. Congestion, Changing Metropolitan Structure,
and City Size in the United States. International Re-
gional Science Review 12, 1: 45-56.
Heilbrun, James. 1987. Urban Economics and Public
Policy, 3d ed. New York: St. Martin's Press.
Peiser, Richard B. 1989. Density and Urban Sprawl. Land
Economics 65, 3: 193-204.
Real Estate Research Corporation. 1975. The Costs of
Sprawl. Washington, D.C.: Real Estate Research Cor-
poration.
Tunnard, Christopher, and Boris Pushkarev. 1963. Man -
Made America: Chaos or Control? New Haven, CT:
Yale University Press.
World Resources Institute. 1989. The Crucial Decade:
The 1990s and the Global Environmental Challenge.
Washington, D.C.: World Resources Institute.
APA JOURNAL 8 WINTER 1990 CIM OCT 19 ,90
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CIM OCT 19 TO,
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c«r OCT 19,90.
October 18, 1990
CIN OF
PLYMOUTFF
Dr. Arthur Bruning
Superintendent
Hopkins School District No. 270
Administrative Offices
1001 Highway 7
Hopkins, MIR 55343
Dear Dr. Bruning:
Plymouth is seeking to encourage the Hennepin County Board of
Commissioners to approve the construction of a community library
in Plymouth . As you may know, Plymouth is the only community of
any size within Hennepin County that does not currently have a
community library.
Our City Council would appreciate your board communicating with
Hennepin County Commissioners, encouraging them to support the
construction of a community library in Plymouth in 1991. To
facilitate your understanding of the City's interest and position
with respect to this matter, I am enclosing some background
material dealing with this topic.
Libraries are an essential part of a any well-informed community.
We believe that a community library will serve to provide our
citizens with greater access to information which will enrich
their lives and broaden their perspectives.
Thank you in advance for your district's interest and support for
a Plymouth community library.
Yours truly,
es G. Willis
C ty Manager
JW:kec
cc: Mayor & City Council
CSM OCT 19'90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 18, 1990 CITY OF
PLYMOUTR
Dr. David R. Landswerk
Superintendent
Wayzata School District No. 284
210 County Road 101 N.
P.O. Box 660
Wayzata, MN 55391
Dear D°
Plymouth is seeking to encourage the Hennepin County Board of
Commissioners to approve the construction of a community library
in Plymouth . As you may know, Plymouth is the only community of
any size within Hennepin County that does not currently have a
community library.
Our City Council would appreciate your board communicating with
Hennepin County Commissioners, encouraging them to support the
construction of a community library in Plymouth in 1991. To
facilitate your understanding of the City's interest and position
with respect to this matter, I am enclosing some background
material dealing with this topic.
Libraries are an essential part of a any well-informed community.
We believe that a community library will serve to provide our
citizens with greater access to information which will enrich
their lives and broaden their perspectives.
Thank you in advance for your district's interest and support for
a Plymouth community library.
Yours truly,
es G. Willis
Ci Manager
JW:kec
cc: Mayor & City Council
elm OCT 19 'q9
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 18, 1990
Dr. Marl Ramsey
Superintendent
Osseo School District No. 279
Educational Service Center
11200 93rd Ave. N.
Maple Grove, MN 55369
Dear Dr. Ramsey:
CIN OF
PLYMOUTFF
Plymouth is seeking to encourage the Hennepin County Board of
Commissioners to approve the construction of a community library
in Plymouth . As you may know, Plymouth is the only community of
any size within Hennepin County that does not currently have a
community library.
Our City Council would appreciate your board communicating with
Hennepin County Commissioners, encouraging them to support the
construction of a community library in Plymouth in 1991. To
facilitate your understanding of the City's interest and position
with respect to this matter, I am enclosing some background
material dealing with this topic.
Libraries are an essential part of a any well-informed community.
We believe that a community library will serve to provide our
citizens with greater access to information which will enrich
their lives and broaden their perspectives.
Thank you in advance for your district's interest and support for
a Plymouth community library.
Yours truly,
U------ ]`-� _%_15 ----
James G. Willis
Ci Manager
JW:kec
cc: Mayor & City Council
cly, OCT I y -.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 16, 1990
C11Y OF
PLYMOUTR
Mr. David J. Lenhardt
Foster, Waldeck, Lind & Gries, Ltd.
2300 Lincoln Center
333 South 7th Street
Minneapolis, MN 55402
SUBJECT: CITY OF PLYMOUTH/LDK BUILDERS
Dear Mr. Lenhardt:
I have received your September 21, 1990 letter concerning what
you believed to be improper statements during the August 20, 1990
City Council meeting when the Kings North drainage problems were
discussed.
I believe that LDK's primary concern regarding this matter is
that they were not aware of the meeting and therefore, were not
present to give their side of the case. To the extent that LDK
believes that there was erroneous information given at the City
Council meeting, and that your client was not able to provide
input at the time, I apologize. The City Council has, however,
subsequently provided LDK with an opportunity to address the
Council on this issue.
The Kings North drainage matter has now been resolved. I
appreciate the willingness of LDK to participate in the
discussions that ultimately resulted in a solution by which the
developer agreed to pay for all the costs associated with the
work to be done on the individual lots. The City Council looks
forward to working with LDK, along with other builders in the
City, in a cooperative effort to prevent issues such as these
from arising.
Sincerely,
Kim M. Bergman
Mayor
KB:kec
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
c!mr CCT 19'90
rrinT
October 17, 1990 PLYMOUTR
Dear Resident:
The City's Comprehensive Park and Trail Plan shows the extension of trail from
Parkers Lake Park and Juneau Lane east to Fernbrook Lane. The north -south
trail along Fernbrook Lane will eventually be extended south to intersect with
the Luce Line trail.
Recently, the City Engineering Department asked the Council for direction on
whether or not they should proceed with the construction of this trail, or
look at an alternative alignment of routing people down Juneau Lane, across
15th Avenue and back up to County Road 6. The Council deferred this matter to
the Park and Recreation Advisory Commission to hold a public information
meeting, to allow you the opportunity to provide input on this matter. This
item has been placed on the October 25 Park and Recreation Advisory Commission
agenda. The meeting will start at 7:30 p.m. in the City Council Chambers.
Anyone wishing to comment on this subject should appear in person before the
Commission, or send a letter to the Commission, care of City Hall.
If you have any questions regarding this subject, I can be reached at 550-
5131.
Sincerely,
Eric J. Blank
Director of Parks and Recreation
EJB/np
enclosure
cc: City Manager
3400 Plymouth Boulevard, Plymouth, Minnesota 55447
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Vim OCT
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 18, 1990
TO: Eric Blank, Director of Park and Recreation
FROM: James G. Willis, City Manager
SUBJECT: NORMA LEWIS PROPERTY - 2047 F RESTVIEW LANE
The City Council approved the acquisition of this property Monday
evening. The funding from this will come from Park Dedication
Fund. The Council also requested that the Fire Department be
given the opportunity to determine whether or not the structures
could be burned for fire training purposes. You should expect to
hear from Lyle Robinson about that shortly.
Please proceed as promptly as possible to complete the
acquisition of this property. I would appreciate being kept
appraised of the status of our acquisition and the timetable for
our being able to obtain fee title to it.
JW:kec
\3A
clan OCT 19'90
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 18, 1990
TO: Eric Blank, Director of Parkd Recreation
FROM: James G. Willis, City Manager 7
SUBJECT: CRAIG SCHERBER'S OFFER TO SE M
FOR FUTURE
COMMUNITY PARK
Monday evening the City Council received and reviewed a copy of
the attached memorandum. The Council directed that this matter
be referred to the Park and Recreation Advisory Commission for
their consideration and recommendation.
While I do not believe the Council majority would disagree with
my conclusion with respect to this matter, I believe as a matter
of process, the Council believes that PRAC should review the
matter as well.
JW:kec
cpm OCT 19'90
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 4, 1990 for City Council Meeting of October 15,
1990
TO: Mayor and City Council
IROM: James G. Willis, City Manager
SUBJECT: DEVELOPER'S OFFER TO SELL LAND FOR FUTURE COMMUNITY
PLAYFIELD PARK
1. ACTION REQUESTED: Consider the request of Craig Scherber to
sell 87 acres of land to the City of Plymouth at a total cost
of $21368,500 for park purposes.
2. BACKGROUND: Craig Scherber has acquired an interest in an 87
acre parcel which he proposed to develop as a PUD to be known
as "Stone Creek." The City Council considered and denied
this concept plan its meeting of September 22. Mr. Scherber
has indicated his willingness to sell this parcel to the City
for a community playfield site. He is aware that the City
Council previously considered the possibility of acquiring a
50 acre parcel from U.S. Homes at the intersection of Dunkirk
Lane and County Road 9.
Eric Blank and I have previously discussed the suitability of
Mr. Scherber's site for a community playfield. Based upon
our future need for community playfields, we hope to find a
site which is relatively free of undevelopable land. The
Scherber parcel contains a good deal of land which is at or
below the 100 year storm drainage requirements (see attached
map). Based on this consideration, along with the Council's
previous action on the U.S. Homes parcel, we informed Mr.
Scherber that we did not believe the City would be interested
in acquiring this property.
Mr. Scherber has requested that the Council have an
opportunity to consider his request.
CIM Q^T 1010
�- %3
DEVELOPER'S OFFER TO SELL LAND FOR FUTURE COMMUNITY PLAYFIELD
PARK
October 4, 1990 for City Council Meeting of October 15, 1990
Page 2
Mr. Scherber has noted that the 87 acre site could provide
sufficient land for both a community playfield site, as well
as a junior high school for the Wayzata School District. The
Council will recall that the school district has a committee
looking at its future school needs. We have explored with
the school district the possibility of having both a
community playfield and a junior high school constructed on
the U.S. Homes property. If that were done, the total
acreage for both facilities could be reduced by virtue of the
fact that there would be some sharing of common facilities,
e.g., parking. The Scherber site might provide the same
opportunities, depending on how the site could be laid out
for a junior high, as well as a community playfield.
JW:kec
CIN, OC -1 19'90
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C.6 of
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8401 73rd Avenue N., Brooklyn Park, Minnesota 55428 (612) 535-8937
MEMORANDUM
C�
C�
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Date: July 26, 1990
27 00
From: Tom Loucks CITY OF TL.YI OUTH
agNtNA 0�.
To: Charles E. Dillerud
Subj: Draft Memorandum - Revised Stone Creek Concept
P.U.D.
mss' - -
INTRODUCTION
Stone Creek is a 87.76 -acre planned unit development
consisting of 70 single-family homes, and 68 attached
twin homes, and 7.58 acres of the tract will be dedicated
to the public for neighborhood park and trails.
Craig Scherber is the principal developer of Stone Creek.
Mr. Scherber has over ten years of successful building
and development experience. Current developments located
within the City of Plymouth include Kings North, Pine
Meadows of Bass Lake, The Meadows of Bass Lake and Swan
Lake West. These developments consist of lots that
contain upscale housing that range in price from $175,000
to $400,000.
LAND OWNERSHIP
Mr. Craig Scherber is a contract for deed purchaser from
property fee owner Quentin Stromseth.
SIT
The site is a 87.76 -acre tract of land bounded by Medina
Road on the north, County Road 1101 on the west and
County Road #24 on the south.
SITE ANALYSIS
A physical inventory of the site was undertaken in order
to determine any development constraints, as well as to
delineate prime developable land. The current land use
for the site consists of preserved wetlands, undeveloped,
and agriculture.
1
CIM OCT 19 ,90
Community Planning * Site Design • Economic Development • Market Research
Tonographv - Existing topography is gently rolling,
interspersed with wetland depressions. There is no
instance where grades exceed 12%.
Soils - The predominant soils contained within the
site consist of Cordova, Hamel, Hayden and Hessel
which are clay and clay loams that are suitable for
structural and infrastucture development. Dundas
and Glencoe are silty soils that exhibit poor
development qualities. They are generally found in
areas of wetland depressions.
Vegetation - The site contains minor stands of over
story trees.and aquatic vegetation in wetland
depression areas. The majority of the land within
the site has been under intensive agricultural use.
Wetlands - Wetlands cover approximately 11.58 acres
of the site. They are proposed to be part of the
City's stormwater retention system and are being
maintained as an integral part of the development.
ON N
The current zoning on the site if FRD (Future Residential
Development). The proposed use of the site is as
follows:
1. Southern 52.88 acres - L.A.-1 (Low Density
Residential).
2. Northern 27.3 acres - L.A.-2 (Low Medium
Density Residential).
Development Staae - The entire site is within the
Metropolitan Urban Service Area (M.U.S.A •) Boundary. In
addition, the site is within the City's 1990 Staged
Growth Area. At the present time, the City has
authorized trunk sewer and water main extension to serve
this site.
PROPOSAL
gonceot Plan - The plan for Stone Creek proposes the
construction of:
1. 70 single-family detached homes.
2. 34 attached twin home ( 68 units) .
2 am OCT i '�
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•t°"` CREEK CONCEPTUAL
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Cim OCT 19 'ol
October 16, 1990
CITY OF
Linda Powell, Superintendent PLYMOUTR
School District 281
4148 Winnetka Avenue North
New Hope, MN 55428
Dear Linda:
As you know, I have served as Co -Chair of the District 281 Just
for Kids Program this past year. I believe that these types of
appointments should be moved around to various community
representatives for maximum input and feel it's time that another
Co -Chair be appointed for the coming year to work with Mayor
Robb. I would suggest appointment of another community
representative, such as Mayor Mary Anderson of Golden Valley,
Mayor Betty Herbes of Crystal, or Mayor Ed Erickson of New Hope,
or a Councilmember from one of these communities. I very much
enjoyed working with Mayor Robb this past year.
I will continue as the Plymouth Council representative to the
District 281 Governmental Affairs Committee and the District 281
School Board until January 1 when the Council appoints one of our
five members to each of the four school districts in Plymouth. I
hope to be reappointed.
As the only Plymouth City Councilmember who lives in District
281, I really appreciated our joint meeting with the 281 School
Board recently. I believe it was one of the first meetings of
its kind in our community. We have scheduled similar joint
meetings with School Districts 284 and 279 yet this year. These
districts are also very important to me.
I have enjoyed serving as the Co -Chair of
Program. I will continue to be a staunch
281, as I have been for many years!
Sincerely,
O
Bob Zitur
Councilmember
cc: Mayor and City Council Members
District 281 School Board Members
the Just for Kids
supporter of District
cim OCT 19 '90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CIN OF
PLYMOUTH
October 11, 1990
Mr. John Sandberg
JRS Enterprises Inc.
5415 State Highway 169
Plymouth, MN 55442
Dear John:
Thank you for your letter of October 5, 1990. As discussed, upon completion
of the construction, our office will be prepared to issue a temporary
certificate of occupancy contingent upon receipt of written verification from
the Pollution Control Agency of an inspection performed by their office of the
test cell with an engine running to insure appropriate standards have been
met.
It is my understanding that you intend to have the construction of the test
cell completed by the end of October, with an inspection performed by the MPCA
shortly thereafter.
Please contact me once you have confirmed a scheduled date with the MPCA's
office. Thank you for your cooperation and assistance in this matter.
Sincerely,
Joe Ry
Building Official
cc: File
b>bu/jr/sandbergl:cs
CIM OCT 19'90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
LEI
JRS ENTERPRISES, INC.
5475 NORTH COUNTY ROAD 18, MINNEAPOLIS, MINNESOTA 55442
October 5, 1990
Mr. Joe Ryan
City of Plymouth
3400 Plymouth Blvd
Plymouth, Minnesota 55447
Dear Joe;
L
OCT
• 6121559-9457
With reference to our telecon of October 4, 1990. The test cell should
be ready for us to use by the end of October. I do not see any more
delays at this time. As we discussed, the landscaping and some other
minor work will not be completed until next year due to the soil
conditions and the fact that all of the fill needs to settle before
we sod. The structure will be useable, however, and we intend to
start using it as soon as you inspect and approve it.
Stop and see us anytime.
Sincerely,
/GJohn R. Sandbe
JRS/jmsb
CIM OCT 19 '90
STEVEN M.TALLEN
Attorney at Law
Direct Dial (612) 337-9231
October 11, 1990
Mr. James Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55102
Telephone(612)337-9300
Facsimile (612) 337-9310
Re: Proposed Change in Minnesota Rules of Criminal Procedure
Dear Jim:
OCT 12 InCITY
This letter is to update you on the status of the proposed rule change regarding
Omnibus Hearings. The Minnesota Supreme Court Advisory Committee on the
Rules of Criminal Procedure met on October 6th and 7th and decided to re-
examine this issue. The Advisory Committee has scheduled another meeting for
October 20, 1990. I expect that there will be a recommendation coming out of the
Committee at that time.
Obviously it is too early to make any definite statements, however, from what I
know at this time, I am optimistic that the issue will be handled in such a manner
that our earlier fears of total disruption of the system will prove to be unfounded.
I will keep you informed as further information becomes available.
Sincerely,
Steven M. Tallen
Assistant City Attorney
City of Plymouth
SMT:tas
CIM OCT 19 `:'NQ
RoBBINSDALE
R M ST RO N G
High School 10635 36th Avenue North Plymouth, Minnesota 55441 546-3266
Administration
Dick Stensrud Judith Maethner 0 Ron Main Merle Solie
October 9, 1990
9 la
w.
Mr. Jim Willis, City Manager
City of Plymouth
3400 Plymouth Boulevard OCT 121990 Yvl
Plymouth, MN 55447 CITY OF PLYN".;NF 1I
Dear Mr. Willis: f
At the September meeting of the Armstrong Parent Association, a discussion occ
concerning implementation of the recommendations of the District 281 Drug Task
Force. One of the recommendations was the need for a full-time, licensed police liaison
officer in Armstrong High School. At present there is no one to assume the
responsibilities of a police liaison officer. The parents were very concerned that
Armstrong was without an officer, especially when informed of the critical needs which
could be addressed by a liaison officer.
In regard to this particular concern, we, the Armstrong Parent Association, strongly
urge that the City of Plymouth join with the other six communities represented at
Armstrong High School to support the funding of a police liaison officer to work full
time at Armstrong.
There are many critical issues in the west suburban communities, and we realize that
funding is a critical issue. On the other hand, we feel the safety of our children in a
large school such as Armstrong is also critical.
Thank you for your time in addressing this issue. We look forward to your response.
Sincerely,
Donna Waataja, President
Armstrong Parent Association
rI".9 orcT 19'so
October 7, 1990
To: Mayor Kim M. Bergman
and Councilmembers
Helliwell
Ricker
Vasiliou
Zitur
We the undersigned are 9Yifto4T' the pmposed road that is known
as Schmidt Lake Road, that will coruiect Fernbrook Avenue and
loop to the Northwest of Plymouth.
Areas of Concerns are:
- Loss of quality of life.
- Loss of trees.
- Loss of wild life.
- Destruction of the wet lands.
We request that you and the city council members visit the proposed
track of land in question and discuss these issues with us.
J- jo
cIA4 OCT l �a
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CIM OCT 19'90
October 17, 1990
CIN OF
PLYMOUTR
Ms. Carole Rydberg
3225 Wellington Lane
Plymouth, MN 55441
Dear Ms. Rydberg:
Thank you for your letter regarding the senior citizen's utility
discount.
Your letter is being shared with all members of the City Council,
who established the current discount for our seniors.
I appreciate your interest in this matter, and particularly your
concern with respect to the "need" aspect. In adopting the
discount, the City Council recognized that there may be some
seniors who may be better able to pay the existing rates than
others. Without an elaborate system of verifying income, it
would not be possible to develop a system which could be more
clearly related to "need" for all citizens. That option, in my
view, would involve more costs to all system users than would be
saved by those deemed to quality.
Thank you for sharing your concerns and observations with us.
Your letter reminds us of how carefully we must seek to weigh our
efforts to serve all citizens.
Yours truly,
es G. Willis
Ci y Manager
JW:kec
cc: Mayor & City Council
Dale Hahn, Finance Director
CIM OCT !'I "j
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
PAUL D. BAERTSCHI
Attorney at Law
Direct Dial (612) 337=9230
October 9, 1990
Mr. Richard Carlquist
Public Safety Director
Plymouth Police Department
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: State v. Kevin L. Karkhof f
Report No. 90-66120
Dear Chief Carlquist:
Hamm & GRAvEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612)337-9300
This is to inform you that the above bias crime prosecution was just successfully
concluded by our office. Mr. Karkhoff was charged with gross misdemeanor assault
for assaulting another because of a person's perceived race. Mr. Karkhoff had
made threatening statements to the girlfriend of a black individual, threatening to
kill the black individual and the victim. We believe this is the first bias crime
prosecution that we have had in the City of Plymouth. Mr. Karkhoff plead guilty
on October 4, 1990 to the gross misdemeanor charge and was sentenced to 120 days
in jail with 110 days stayed on conditions including no contact and no same or
similar offenses. The bias crime law is discussed on page 7 of the 1989 Minnesota
Police Briefs legislative summary. We are prepared to vigorously prosecute these
crimes, and hope that your officers are aware and alert as to the types of offenses
that we can enhance based upon a provable bias under these statutes.
Sincerely,
HOLMES & GRAVEN
Paul D. Baertschi
Assistant Plymouth City Attorney
PDB/cm
CIM OCT 19'90
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: October 18, 1990
TO: James G. Willis, City Manager
FROM: Bob Zitur, Councilmember
SUBJECT: General Obligation Debt
Please have our Finance Director provide the Financial Task Force
for their opinion on our General Obligation Debt.
cc: Mayor and City Council
CIM OCT 19'90
October 18, 1990
Bob Long, Councilmember
City of St. Paul
Office of the City Council
City Hall - 7th Floor
St. Paul, MN 55102
Dear Bob:
CIN OF
PLYMOUTI+
Enclosed is a copy of our City's resolution, expressing interest
in joining the Environmental Cities Coalition. Our City Council
shares an obvious concern about our environment, along with other
community leaders. We will be pleased to work with you and
others to seek ways of addressing environmental issues which are
important to us all.
For purposes of your mailing list, please note that the following
will be City of Plymouth contact persons:
1. Councilmember Maria Vasiliou
3400 Plymouth Boulevard
Plymouth, MN 55447
Phone: 550-5068
2. James G. Willis
City Manager
3400 Plymouth Boulevard
Plymouth, MN 55447
Phone: 550-5011
We would appreciate being placed on your mailing list and
receiving copies of any reports or draft documents which are
currently being circulated to members of the coalition. I plan
on joining you at your meeting of Thursday, October 25 at 4 p.m.
I have another commitment at 5 p.m. I will be able to only join
you for a brief. period. However, I would like to get our
participation as soon as possible.
Yours truly,
s G. Willis
Cit Manager
JW:kec
cc: Mayor & City Council
CIM or 19190
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
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 15th day of October , 192Q. The following members
were present: Mayor Bergman, Councilmembers Helliwell,
Ricker, Vasiliou, and Zitur
The following members were absent: Non
Councilmember Vasiliou introduced the following Resolution
and moved its adoption:
RESOLUTION NO. 90-701
AUTHORIZING PLYMOUTH TO JOIN THE
ENVIRONMENTAL CITIES COALITION
WHEREAS, the City of Plymouth recognizes its role in protecting
and preserving the environment of those people living and working
within the City; and
WHEREAS, the City recognizes that there is a need for
governmental bodies to work cooperatively on many of the
environmental problems facing them; and
WHEREAS, the City understands that there is a need for uniform
environmental standards and regulations throughout the state; and
WHEREAS, the City believes that one way to obtain this type of
uniform regulation is to work closely with other cities in such a
way as to coordinate the environmental legislation passed in
these cities; and
WHEREAS, the City also believes that this type of inter -city
cooperation may act to stimulate state environmental legislation
dealing with the topics addressed by the cities and in a form
acceptable to the cities.
NOW, THEREFORE, BE IT HEREBY RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, authorizes the City to join the
Environmental Cities Coalition to participate in its decision
making processes, and to share information with other members;
and
RESOLVED FURTHER, that the City Council understands that,
although the decisions of the Environmental Cities Coalition are
not binding to the City, the City has a commitment to participate
actively in the activities of the group to the fullest extent
possible.
The motion for adoption of the foregoing Resolution was duly
seconded by Counci member 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 OCT 19'90
October 18, 1990
Mr. Daniel Bernier
Assured Security, Inc.
2650 Norwood Lane
Plymouth, MN 55441
Dear Mr. Bernier:
CIN OF
PLYMOUTFF
Thank you for your letter of October 8 addressed to Mayor
Bergman. The Mayor has shared your letter with all members of
the City Council in order that they might be aware of your views
on this matter.
We appreciate that the public service provided by our Public
Safety personnel in assisting motorists with locked vehicles can
present a problem to locksmiths. This appears to be one of those
public service areas which over the years has evolved more or
less informally, rather than as a direct matter of intent.
People who are locked out of their vehicles just seem to normally
call the Police Department for assistance.
The Council recognizes the concern that you and other locksmiths
have with respect to this issue. Your letter has served to
remind them of the diversity of opinion that surrounds this
issue.
Thank you for sharing your concerns with the Mayor and the City
Council.
Yours truly,
.sty
es G. Willis
(::
Ci y Manager
JW:kec
cc: Mayor & City Council
Dick Carlquist, Public Safety Director
X30
cpm OCT 19'90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
rnIASSURED
2650 Norwood Lane - Plymouth, MN 55441 - (612) 537-1615 ' ��
QCT 11 ►
8 October.1990
Kim Bergman
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Mayor.
I am enclosing an article that I would like you to take a look
at. It regards law enforcement officers opening private
automobiles that have had the keys locked in. It is a copy of an
bulletin that was issued by the National Association of Chiefs of
Police.
I am the chairperson for the Minnesota Chapter of the
Associated Locksmiths of America. This is a subject that
interests my members greatly. I am also a citizen of Plymouth &
have been since 1966.
I have spoke to Dick Carlquist several times in regards to the
issue of Plymouth officers opening locked vehicles & it always
come down to the fact that the City of Plymouth & it's
administration consider it a public service. I in fact see it as
a infringment of trade.
Several communities in this area have discontinued opening
vehicles except in life threatening situations & I would like you
to bring this issue up to the city council & give it serious
consideration in Plymouth also. These cities include Minneapolis.
Golden Valley, New Hope. Roseville & others.
I have spoke to a couple of officers concerning opening of cars
in the last few years & the feeling that I get is that they would
rather be doing more productive work.
I thank you for your consideration of this issue & if I can
answer any questions for you please feel free to contact me at
either 537-1615 days or in the evening at 559-2812.
Sincerely Yours,
CIM OCT 1 9 ,Q
1v C4
stir -1 7 �
Daniel Bernier. CML Clot OCT 11'g�
0
Total Coliform Sampling Requirements
According to Population Served
Minimum No. of Minimum No. of
Population Routine Samples Population Routine Samples
Served Per Month Served Per Month
• 25 to 1,000
I
59,001 to 70000
70
1,001 to 2,500
2
70;001 to 83,000
80
2,501 to 3,300 -
3
83,001 to %,000
90
3,301 to 4,100
4
%,001 to 130,000
100
4,101 to 4,900
5
130,001 to 220,000
120
4,901 to 3,800
6
220,001 to 320,000
150
5,801 to 6,700
7
320,001 to 450,000
180
6,701 to 7,600
8
450,001 to 600,000
210
7,601 to 8,500
9
600,001 to 780,000
240
8,501 to 12,900
10
780,001 to 970,000
270
12,901 to 17,200
15
970,001 to 1,230,000
300
17,201 to 21,500
20
1,230,001 to 1,520,000
330
21,501 to 25,000
25
1,520,001 to 1,850,000
360
25,001 to 33,000
30
1,850,001 to 2,270,000
390
33,001 to 41,000
40
2,270,001 to 3,020,000
420
41,001 to 50,000
50
3,020,001 to 3,960,000
450
50,001 to 59,000
60
3,960,001 or more
48n
CIM or 1:, ` J
CIM OCT 1 i ".
Law Enforcement
Use of Car Opening Tools by
Emergency Agencies:
Liability and Policy
The National Association of Chiefs of
Police issued a "Law Enforcement Train-
ing Bulletin" to its members regarding
the use of car opening devices by emer-
gency agencies, and the legal liability it
generates. For the benefit of our mem-
bers, and with the permission oftheNACP,
we are reprinting portions of the bulletin
in this issue. The Editor
here is hardly any law enforce-
ment publication or police sup-
ply house that does not list the
available "tools" which can be used to
open many of the older and some of the
newer vehicles that have attempted to
build -in protection, using the most com-
mon tool of all ... a "Slim Jim."
Generally, this is a piece of flat steel
about 14 inches long that slips between
the window and the body of a car, and
pushes or pulls the arm of the car lock. An
expert can open your car before you can
get the key in the lock! In the hands of
ordinary citizens these are devices that
more commonly come under the category
of "burglary tools." Many police and sher-
iffs departments, as well as hotel security
and tow truck drivers, have carried these
"Slim Jims" in the past simply because
there is a call for someone to open a locked
car. The driver has made the error of either
leaving keys in the car, or claims to have
locked them in the vehicle. There are oth-
er more modern tools available that open
locks, including picks. This training bulle-
tin is directed toward official policy that
should be adopted by your agency as to
using any device to open a vehicle or any
lock in a non -emergency situation.
> October 1990
In general, the Auto Theft Committee
of the National Association of Chiefs of
Police recommends that unless a life
threatening situation exists, the opening
of locked vehicles or doors should be left
to a professional locksmith. The reason:
The high risk involved against the officer
and the department for damage that may
result in using these devices. New model
cars often suffer damage to the locking
mechanism and blame is placed on the
department for these damages.
This is particularly true of the new car
models that have built-in protection
against "Slim Jims."The change in locking
devices came as a result of insurance losses
suffered by the stolen cars easily entered
and stripped. Even with a written permit
from the car owner, a lawsuit can be
expected should you damage the lockwhile
acting as "the good samaritan." Some
insurance frons will cover your liability
when your department steps out of its
concept as a police agency and becomes a
locksmith.
It is possible to open one of the new
locks and in so doing damage the door
locking mechanism so that the drivercould
not unlock the door after he or she leaves
the area—Rhus becoming injured as a result!
From a simple $250 repair claim the award
in a civil action could go into the tens of
thousands of -dollars!
Damage to the Paint
and Body of the Car
Many of us have been involved in
helping some "lost soul" trying to get the
lock open with a coat hangar, "Slim Jim,"
=•N"=A40.
or other device. Very often the metal sur-
face of the car is damaged with scratches,
paint is chipped, rubber vent linings are
cut and may allow water to enter. Who is
the perfect scapegoat for getting damages?
Yes, it is that friendly officer or deputy
sheriff who opened the car, or tried to
open the car, and in doing so damaged
private property. This is contrary to rules
and common sense if no emergency exist-
ed.
Emergency Situations
Even if your department had all the
proper tools to open any,vehicle today,
the only time that police or fire depart-
ments should open a locked car is in a life-
and- death situation. A person or child
who locks himself in a car could pose such
a situation. In that instance the use of
force to break a window would be so justi-
fied if the lock could not be opened. While
rare, from, time to time you may have
driver who has been stopped and then
locks the car, refusing to get out of the car,
accept a traffic ticket, or face arrest for any
reason. Even a tow truck ready to pull the
car away will not get some drivers out. In
that case you use non -lethal police
'chemicals that can, with no damage to a
car, be sprayed into the vehicle causing the
person to seek fresh air. No need to break
a window or damage a car.
There are few situations that fall un-
der the "emergency" classification. How-
ever, to a citizen in distress, the situation is
always an emergency. The officer at the
scene, however, must see that help is dis-
patched, and explain that only a trained
elm OCT 1-) , CIM OCTA
locksmith with proper tools is allowed,
under liability restrictions and insurance
rules of the city.
Use Locksmiths
Many motor clubs and car insurance
policies provide payment for the services
of a locksmith. Local police should radio
for a locksmith who is licensed, insured for
the liability, and has the proper tools.
Police officers or sheriffs deputies should
not be issued "Slim Jims" or other car
opening tools. These are burglar tools.
When used by licensed persons such as
locksmiths, they are "tools of the trade."
By confirming that a locksmith is
enroute, this allows your officers to con-
tinue routine patrol and reduces your lia-
bility in non -emergency situations. Police
or sheriff departments are not locksmiths
not in the towing business. If the person
with the problem wishes to try and open
his/her own vehicle with his/her own tools
they should be advised that the damaged
to the new cars can be considerable. They
can, of course, try if they have proof the
car is theirs.
Auto Theft:
"Slim Jims" and Other Tools
Auto theft is a booming business. Po-
lice should be aware of the devices used to
break into and steal vehicles often carried
in the guise of lost keys, etc. In large
parking lots a "lookout" watches for the
owner to go into a store, to the beach, or
movie theater, and then in a few seconds
can break into a car. Be sure that anyone
having in their possession vehcicle open-
ing tools is a professional locksmith in
your community. Many locksmiths are
members of local, state or national trade
associations that set standards for their
group.
Law enforcement officers should be
aware of tools used by auto thieves. The
"Slim Jim" poses an easy item for a burglar
to hide, often in a sock under the pants,
Inside a shirt, etc. A search should be made
of any person who loiters near parked cars.
It is a common practice for those who
break into cars to sit and watch the victim
leave the vehicle and then either by him-
self or with someone else, to make a move
to break into the car. In many cases some
will punch out trunk locks when they
observe the victim placing valuables in the
trunk, or simply smash a window.
Police Policy Re Car Entry
The high cost of professional liability
Insurance has caused many police
departments to re-evaluate their policy
regarding opening locked vehicles. The
cities of Seattle, Washington, and Winston-
Salem, North Carolina, for example, have
such policies in force.
Conclusion
While law enforcement officers are
trained to serve the public, we know from
past experience that we answer many
trouble calls that are related to public
service, and that some calls such as"locked
cars" involve police in two dilemmas.
Initially, to try and solve the problem for
the victim. If a key is locked in the car it
should be treated just as though the car
Itself has been disabled. You then can for
a licensed locksmith who is trained to
solve this kind of problem.
The exception is common sense. That
Is where a life threatening situation arises.
Then you are justified in using whatever
force may be required. Our main concern
is that you have verified that help is on the
way.
' 1 So
Keep to mind that other persons with
these tools who are not licensed are very
likely to be car thieves and burglars. It
should be handled and explained as a way
to protect the person from damaging the
lock of the vehicle. By having the avail-
ability of trained locksmiths to do this
work you will lessen your department and
personal liability.
Police officers are not locksmiths! just
as you would object to someone untrained
doing police work, professional locksmiths
have a valid reason to complain to your
city or county when they pay a license fee
to carry on this work Thus it is good public
relations to contact a locksmith in your
area to Initiate a program. In turn, lock-
smiths should contact your department
and possibly help to set up a local standard
procedure. ti�tar�
The NACP has Issued a Model Law
Enforcement Polity for use by local police
departments. If you want a copy of thLspolicy,
pkasesendasWmped, self-addressedbusiness
(N10) envrlope to:
Keynotes: NACP Policy
3003 Live Oak Street
Dallas, TX 75204-6186
KILLEEN SECURITY
PRODUCTS
Manufacturers
of interchangeable
core
and
core
-related products.
interchangeable witty
BEST -ARROW -EAGLE
-FALCON-
-- LOCKWOOD.
10
keyways.
Contact your
distributor for
more information.
KILLEEN
SECURITY
PRODUCTS
1
33 Hermon
St"Worcester.
MA 01610
_
I Tel (508)
754-1714 Fax
(508) 753-2183
kham October 1990 Circle IS on Reader SeLvtce Lora
Citi OCT 10,
Oct 1120
October 15, 1990
Kristi Schaller
2825 Alvarado Lane
Plymouth, MN 55447
Dear Ms. Schaller:
CIN OF
PLYMOUTH
Thank you for your kind letter complimenting the City on its
recycling efforts. You made my day! As you know, the key to any
good program is whether or not people participate. In Plymouth,
our residents have supported the program with their wholehearted
participation. The credit belongs to Plymouth residents like you
who make the program work. Working together we can make a
difference in reducing waste and providing an improved
environment.
Thanks again for your nice letter.
Sincerely,
o�
J es G. Willis
Ci y Manager
:kec
elm OCT 19 190
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Y,risti Schaller
2825 Alvarado Lane
Plymouth, MN 5544;
October 3, 1990
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 5544'
Re: Plymouth Recycling Program
Dear Sir:
I am an eighth grader at Wayzata West Junior High School. I would Just
like to say I appreciate what you're doing to make our community a
cleaner area to live In. Thank you for everything you`ve done in
recycling paper, plastic and glass bottles Into useful materials.
Keep up the good work!
Sincerely,
&& &jw�
Y.rlstl Schaller
CIM OCT 19'94