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HomeMy WebLinkAboutCouncil Information Memorandum 11-30-1990� CIN OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM November 30, 1990 RECYCLING CASH DRAWING $400 WINNER Dale & Diane Vincent 11510 39th Ave. No. Next Week: $100 UPCOMING MEETINGS AND EVENTS.... 1. FIRE STATION I OPEN HOUSE -- Saturday, December 1, 9:00 - 11:00 A.M. Ribbon -cutting ceremony - 10:00 A.11. 2. PLYMOUTH DEVELOPMENT COUNCIL -- Wednesday, December 5, 7:30 A.M., City Council conference room. Agenda attached. (M-2) 3. PLANNING COMMISSION - Wednesday, December 5. Planning Commission Forum 6:45 P.M., with regular Planning Commission meeting following at 7:00 P.M. Agenda attached. (M-3) 4. MLC BREAKFAST MEETING -- Wednesday, December 5, 7:30 A.M. The MLC will host a breakfast meeting for newly elected legislators at the Decathlon Club. Representatives from our area include Peggy Leppik, District 45B, and Judy Traub, District 45. If you plan to attend this meeting, please contact Laurie not later than Monday morning in order that reservations can be made for you. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL bE MORANDUM November 30, 1990 Page 2 5. FINANCIAL TASK FORCE -- Thursday, December 6, 4:00 P.M., City Council conference room. 6. BUDGET STUDY MEETING -- Friday, December 7, 9:00 A.M., City Council conference room. We will meet to continue the review of my proposed 1991 City budgets. Councilmembers are requested to provide me with their questions regarding my proposals as soon as possible, particularly if research will be needed to respond to them. Following the continued public hearing on December 11, the budgets and levy must be adopted. 7. FIRE STUDY MEETING -- Saturday, December 8, 8:00 A.M. - 3:00 P.M., City Council conference room. The Council will meet with representatives of Sumek Associates, Inc., to establish service delivery policies for the Fire Department. 8. EMPLOYEE HOLIDAY PARTY -- Saturday, December 8, Old Log Theater. Social hour - 6 p.m.; Dinner - 7 p.m., Curtain Time - 8:30 p.m. Map attached. (M-8) 9. NEXT COUNCIL MEETING -- Monday, December 10, 7:00 P.M. Special Council Meeting in City Council Chambers. 10. BUDGET HEARING -- Tuesday, December 11, 7:00 p.m. Council Budget Hearing in City Council Chambers. 11. OLD FASHIONED CHRISTMAS - PLYMOUTH HISTORICAL, SOCIETY -- Sunday, December 9, 2:00 - 5:00 P.M., Plymouth Historical Society Building. The Plymouth Historical Society and City Park and Recreation Department are cosponsoring the Fourth Annual "Old Fashioned Christmas in Plymouth." A flyer describing the events taking place and the Society's November newsletter are attached. (M-11) 12. RTB COMMUNITY BREAKFAST MEETING -- Thursday, December 13, 7:30 a.m. The Regional Transit Board will host a series of breakfast meetings for city and county officials, legislators, and business leaders to discuss transit issues. 'The meeting for northern Hennepin County will be held at The Clubhouse of Edinburgh in Brooklyn Park. If you would like a reservation made, please notify Laurie by December 6. A copy of the meeting notice is attached. (M-12) 13. TWIN WEST CHAMBER - ANNUAL MEETING -- Thursday, December 13, 11:30 a.m. The TwinWest Chamber's annual meeting will be held at the Radisson Minnetonka Hotel. Governor -Elect Arne Carlson will be the keynote speaker. City Councilmembers and staff have been invited to attend. Please contact Laurie if you plan to attend. A copy of the invitation is attached. (M-13) CITY COUNCIL INFORMATIONAL NEMORANDUM November 30, 1990 Page 3 14. MEETING CALENDAR -- The December meeting calendar is attached. (M-14) FOR YOUR INFORMATION..... 1. PROPOSED COMMUNITY LIBRARY -- Commissioner Jude has forwarded to me the language adopted by the County Board of Commissioners dealing with the proposed Plymouth Community Library. The County's capital budget, which was amended on November 15, to include the Plymouth Library contains the following language with respect to that project: "That a mutually agreeable site, donated by the City of Plymouth, be accepted by the Hennepin County Library Board for a community library, with design and construction of the library to occur during 1991-92; that $389,039 be added to the 1991 Capital Budget for the project; that the total project budget, including site acquisition be set at $2,123,769; that the cost of the project be funded by bond indebtedness." The County Board's action lowers the total project cost by $398,895; essentially the estimated cost of a site contained in the County Library Board's original proposed budget. I contacted Mr. David Cramer of the Hennepin County Library with regard to the Council's interest in meeting with the Library Board to discuss the proposed Plymouth Community Library. Mr. Cramer indicated that the Library Board will be meeting next Thursday, December 6, at 4 p.m. at the Ridgedale office. At that meeting, Mr. Rohlf is expected to submit to them a report on the three sites, along with his recommendation for a site. Mr. Cramer did not believe it was necessary for the Council and the Library Board to meet until after the Library Board had received Mr. Rohlf's report. I believe it would be useful for Councilmembers to attend the meeting, if for no other reason to demonstrate their interest to the Library Board and/or to gain a better appreciation for the Library Board's position with respect to site selection. Until such time as both the Library Board and Council have had an opportunity of meeting and discussing a mutually agreeable site, there is little that can be accomplished with respect to that issue. CITY COUNCIL INFORMATIONAL MEMORANDUM November 30, 1990 Page 4 2. STATE REVENUE FORECASTS -- By the time you receive this, you will have had an opportunity to have heard and read about the projected state revenue shortfall which lies ahead. For background purposes, I am enclosing information which I have received from Bob Renner at a MLC meeting Wednesday afternoon. Perhaps one of the most important considerations to keep in mind when examining this matter is that the expenditures for the next biennium commencing July 1, 1991, forecasts "baseline" expenditures with the following assumptions: 1. Current law. 2. No assumed funding increases for general inflation or operating costs. 3. No discretionary increases or new programs. 4. Increases for only the following: a. Caseloads and pupil unit growth or specific formula driven factors. b. Statutory increases previously enacted. C. Statutory inflators currently in the law. What this means is that the expenditures are understated and will likely increase substantially. The recession forecast is based on a mild recession scenario. Of the four options considered, the one selected was deemed to have a 50 percent probability, while the others had probabilities of 10 and 20 percent. Those included a very brief recession which assumed declining oil prices, and two other scenarios which assumed deeper and longer recessions, the most pessimistic being one which would contemplate increased difficulty in the Mid -East. In that scenario, the recession would not conclude until near the end of 1992. Because the "baseline" expenditure scenarios is totally unrealistic, one must recognize that the Legislature will be confronted with pressures to increase them. A 4 percent increase in school aides (teacher's salaries), would cost $309,000,000 during the next biennium. Similarly, a 4 percent increase in higher education amounts to $125,000,000, human services - health care - $88,000,000, human services - family support - $20,000,000, and salary for state employees - $81,000,000; a total of $623,000,000. CITY COUNCIL INFORMATIONAL MEMORANDUM November 30, 1990 Page 5 How the Governor and Legislature will be able to deal with this matter is difficult to determine at this point. I am confident there will be reductions in certain areas of the state expenditures, e.g., LGA and HACA, however, there is just as likely going to be increases in taxes. The extension of sale tax appears to be one very likely source. Extension of the sale tax to clothing would generate about $400,000,000 in the next biennium. One which may be the more attractive is entire service economy which would generate close to $2 billion during the biennium. (I-2) 3. DEERHAVEN TOWNHOMES -- Councilmembers received a voice mail message from the Mayor this week on his meetings with the Deerhaven Homeowners, and Bernie Barr and Dorothy Krekelberg. The attached information is being provided to the Council at the Mayor's request. (I-3) 4. OAKWOOD ELEMENTARY SCHOOL STORAGE STRUCTURES -- Attached are memos from Blair Tremere and Eric Blank on the status of the accessory storage sheds located northerly of the school. (I-4) 5. SNOWMOBILE CLUB MEETING -- On Thursday, November 27, Dick Carlquist met with members of the Northwest Trails Snowmobile Club to review past snowmobile complaints and discuss snowmobile enforcement regulations. The Club will again be assisting the Public Safety Department with enforcement efforts by coordinating contacts with either complainants or possible violators. A memorandum on the meeting is attached. (I-5) 6. LEAGUE OF MINNESOTA CITIES - OFFICE SPACE NEEDS -- Information from the League is attached on its office expansion/building proposals. (I-6) 7. MINUTES• a. Notes from Plymouth Forum, November 19, 1990. (I -7a) b. Planning Commission, November 14, 1990. (I -7b) 8. CITY ATTORNEY MONTHLY BILLING -- The October client summary is attached. (I-8) 9. COUNTY ROAD 6 -- A report from Dan Faulkner on the County Road 6 construction status is attached. (I-9) 10. DIAL -A -RIDE EXTENDS HOURS -- Effective Friday, November 23, the Plymouth Dial -A -Ride transit service extended is service hours from 6 p.m. to 10 p.m., Monday through Friday. The new hours will be in effect through the holidays (December 31). The notice of this service change is attached. (I-10) CITY COUNCIL INFORMATIONAL M &DRANDUM November 30, 1990 Page 6 11. SENATE DISTRICT 45 RECOUNT -- Because the votes for the State Senate District 45 seat were within 200, a mandatory recount for that office was required by state law. The original count showed Judy Traub the winner over Warren Kapsner by about 190 votes. Hennepin County and Plymouth staff election officials conducted the recount for this race in Plymouth on November 28 and 29. The ballots were refed through the voting equipment with candidate representatives observing. Either representative could challenge a ballot for reasons such as identifying marks, intent of the voter, and inability of the optical scan machine to read the voter's mark. After the recount the Plymouth totals are: Traub - 5,463 (previously 5,466); Kapsner - 6,444 (previously 6,455); which amounts to an net increase for Traub of 8 votes. The recount for this race in Minnetonka resulted in a net gain of 15 votes for Traub. The Wayzata recount netted Traub one additional vote; and Medicine Lake netted Kapsner one additional vote. Golden Valley is yet to be recounted. Plymouth received compliments from Hennepin County election staff and the candidate observers on the conduct of the General Election. 12. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-12) a. Letter from Timothy Scherkenbach, Minnesota Pollution Control Agenda, to Mayor Bergman, on the reorganization of the Agency's Water Quality Division. (I -13a) b. Letter from Minnesota Chief Justice Peter Popovich responding to City Manager's letter relaying concerns with the Minnesota Criminal Rules and Omnibus hearings. (I -13b) c. Letter from Karen Eno, 4630 Cottonwood Lane, to City Manager, concerning a site location for the ACT (Adults and Children Together) program in Plymouth. (I -13c) d. Letter from Mary Ann McCoy, State of Minnesota, Ethical Practices Board, providing notification on the Board's withdrawing of a proposed rule relating to Economic Interest Disclosure, Lobbyist Registration and Reporting, and Conflicts of Interest. (I -13d) CITY COUNCIL INFORMATIONAL MEMORANDUM November 30, 1990 Page 7 e. Letter to Jon Elam, Maple Grove Administrator, from City Manager, regarding joint funding of the DARE program at Sunny Hollow Elementary School. (I -13e) f. Copy of letter from Bruce Larson, Association of Medicine Lake Area Citizens, to Tom Sak, Coordinator for the State's Eurasian Water Milfoil Program, on cost sharing for a herbicide treatment of milfoil in Medicine Lake. The total cost for the treatment totalled $2,375, of which the DNR has agreed to pay $1,700. AMLAC will be requesting the cities of Plymouth and Medicine Lake to share the remaining portion or $675. (I -13f) g. Letter from Lori Koester, Property Manager, for Balcor Property Management which manages Park Place Apartments, commenting on the proposed 1991 city budgets. A letter from Mr. Donald Butler, 12805 55th Avenue North is also attached on the November 26 budget hearing. (I -13g) h. Letter responding to Marvin Black, 18610 34th Avenue North, from Eric Blank, on Mr. Black's volunteering with the Park and Recreation Department. (I -13h) i. Note of appreciation from Mable Swanson, President, Medicine Lake Garden Club, for City's $100 contribution to the Club's scholarship fund. (I -13i) j. Letter fromRobert Brennan and Katherine Green expressing concern about property taxes. (I -13j) James G. Willis City Manager DATE: TO: FROM: CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 November 13, 1990 Plymouth Development Council Bob Burger, President SUBJECT: DECEMBER 5 DEVELOPMENT COUNCIL AGENDA The next meeting of the Plymouth Development Council will be held on Wednesday morning, December 5, at 7:30 a.m. in the Plymouth City Council Conference Room. The following items are scheduled for discussion. You may wish to bring up other items as well: I. Status Report: Wetlands and Financial Task Force. Blair Tremere, Jim Willis II. Status of obtaining Letter of Credit - Bob Burger III. 1991 - 1995 Capital Improvement Program. Fred Moore IV. Update on Development Picture in Plymouth. Jim Willis V. Status of Comprehensive Plan Amendments. Blair Tremere VI. Other Business I hope to see you at the meeting. My phone number is 473-5507. BB:kec cc: James G. Willis, City Manager Blair Tremere, Director of Planning & Community Development Fred Moore, Director of Public Works Joe Ryan, Building Official Dick Carlquist, Director of Public Safety Frank Boles, Assistant City Manager S.F. 12/Vf/90 CIM ND 3 C MINUTES PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 PRESENT: President Bob Burger, Burger Development; Bill Pritchard, U.S. Home Corp.; Ted Hagen, Hans Hagen Homes; Craig Scherber, Craig Scherber & Associates; Jeff Shopek; Greg Frank, McCombs/Frank Roos; Marlin Grant, Marvin Anderson Homes; Paul Anderson, Welsh Corporation; Mike Pflaum, Lundgren Bros.; Greg Anderson, Laukka & Associates; Gary Laurent, Laurent Builders, Inc.; Terry Forbord, Lundgren Bros.; Harry Dean, Northwest Industrial Realty; John Griffith, Trammell Crow Company city of Plymouth: Councilmember Maria Vasiliou; Councilmember Bob Zitur; Jim Willis, City Manager; Fred Moore, Public Works Director; Don Munson, Assistant Building Official; Stan Scofield, Fire Inspector; Joe Ryan, Building Official; Chuck Dillerud, Community Development Coordinator; Don Kissinger, City Forester; Blair Tremere, Director of Planning & Community Development I. Bob Burger stated that members of the Development Council had followed up on various aspects of the Tree Preservation Policy and that it had been concluded that more experience was needed to properly evaluate the performance of the program. He asked Building Official Joe Ryan and City Forester Don Kissinger to review the experiences with the program to date. Don Kissinger indicated that two to three hundred inspections had been made and that there had only been two to three cases that had required a penalty fee as called for in the policy. Councilmember Vasiliou asked how many builders had been penalized and Community Development Coordinator Chuck Dillerud recalled that approximately three individual builders had been involved. A discussion ensued regarding Oak Wilt following questions by Bob Burger, and Don Kissinger indicated that there were only a couple of areas in the City where that was a problem. Marlin Grant inquired whether developers had been removing more trees in their initial plans so they did not have to account for them later when the sites were being developed. Don Kissinger responded that he was not aware of such activities and that his observation was that most sites were being designed around trees and were, if anything, "tight" relative to the building pad and remaining trees. Chuck Dillerud commented that City staff has been reviewing plans more carefully, including the tree inventory and Greg Frank indicated that more developer clients are asking his firm to make efforts to save trees. CIM NOV 3 0 s0 �A- QL' MINUTES- PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 2 P Bob Burger concluded that the program seems to be working well, at least at the building phase and that he and the others who have expressed concerns will continue to monitor the program and periodically report. II. Bob Burger introduced the next item of business which was a status report on the task forces appointed by the City Council regarding wetland regulation and financial evaluation. City Manager Jim Willis indicated that the Financial Task Force was getting background material together and was established so to advise the City Council about financial and fiscal planning. Blair Tremere explained the Wetlands Task Force mission and stated that the group had heard from the various regulatory agencies. He stated that the task force was striving to clearly define the amount of existing wetland regulations versus any needs for further regulations. John Griffith stated that he was a member of the Wetland Regulation Task Force and that the group was attempting to get up to speed with an understanding of current regulations, especially those of other agencies such as the Corps. of Engineers which is pursuing a new operating policy of avoidance. Councilmember Vasiliou stated that she is the Chairperson of the task force and developers are represented on the task force. She stated that any Development Council members who would like to be on the mailing list for minutes should contact Blair Tremere. She stated that she personally has been concerned with the political aspects of the City Council creation of the task force and that she is supportive of the concerns expressed by the developer representatives. Further discussion ensued and Terry Forbord asked where the task force believed there were problems; Maria Vasiliou responded that one of the task force needs is to define that. He inquired whether the City staff was the source of the concerns leading to the development of the task force, and Councilmember Vasiliou indicated that the creation of the task force came directly from the City Council and was not due to a recommendation by the City staff. Blair Tremere mentioned that another developer representative on the task force was Hans Hagen, who had suggested that if regulations were to be clarified, it would be helpful to have a local framework whereby a developer could comply with all levels of regulations by complying with a uniform set of rules in a sense of a "one stop shopping" permit process. MINUTES - PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 3 - aZJ Marlin Grant stated that he and other developers concurred with Councilmember Vasiliou's position; Councilmember Vasiliou stated that the Development Council will see any results from the Wetlands Task Force before the City Council takes final action. III. Bob Burger introduced the next item which was a description of the recent City Council action adopting an ordinance guarding the disposal of rubbish, including the rubbish and debris from construction sites. Building Official Joe Ryan explained the new ordinance and how it was going to be administered; he handed out information sheets that were being distributed to developers. Bob Burger stated that he had recently observed the new basketball arena in downtown Minneapolis and noted that there were several dumpsters designated for different types of trash and recyclable materials. Further discussion ensued in response to several questions about the intent of the code, Blair Tremere explained that the language required an enclosure or 'container and that an enclosure could be the garage area, for example. He stated that the need for the ordinance came from the observations of Councilmembers and residents who saw construction debris around entire neighborhoods due to the lack of facilities on individual construction sites. The code does not require a dumpster on every construction site. Bob Burger observed that some developers are using cleanup services who come to construction sites at different phases and remove the debris and other materials. Paul Anderson explained that his firm has had a positive experience with source separation of the various construction materials; he stated that cooperation by the trash haulers is a key. Gary Laurent stated some concern with the observations by Blair Tremere and Bob Burger; he stated he was concerned with the letter of the law versus the intent. Joe Ryan and Blair Tremere commented that City staff would be looking for violations in the form of debris and trash, and not seeking to require formal containers of any particular type. The ordinance was not intended to work a hardship on developers, but rather to signal the need for good housekeeping which many builders exercise as a matter of policy. IV. Fred Moore explained the next item on the agenda, the 1991 - 1995 Capital Improvement Program Schedule. He suggested that developers who have a concern or interest in this contact his office. He noted that the public hearing before the Planning Commission was scheduled for September 12, 1990. CItoFF;nge f V 0 090 I�IJL MINUTES - PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 4 V. Bob Burger asked the City Manager to discuss the next item regarding notice of public and private facilities. Jim Willis explained that the City Council had expressed concern that future residents should be aware of proposed public facilities such as community playfields which could have features such as lighting that might be of concern to them; also other Public Works projects such as roads should be made known to future residents and the Council has required new developments to contain signs that show the approved plats with the future road. He stated that the recent matter involving a private business that had an impact of lighting generated some discussion by the City Council as to whether a sign would be productive in terms of letting future residents know of a condition in an area. Terry Forbord stated a general concern that new home builders seem to be bearing the total burden of notification of various conditions and that his firm believes all property owners should have that burden, including individual homeowners who are selling their houses. The City should consider adopting a lighting standard for City uses such as community playfields. Councilmember Vasiliou stated that she appreciated Lundgren Bros. had done their homework on the recent matter of a private development and its lighting. Bill Pritchard stated there was a difference, however, between public improvement projects such as roads and parks, and the recent private business which had a lighting impact on the area. He said that, in his judgment, it was a matter of "apples and oranges," and that there was a need to have good standards that applied to the private sector lighting. IV. Bob Burger asked the City Manager to comment on the next item, lot grading and drainage plan compliance by home builders. City Manager noted for information, the draft City Code amendment that had been prepared by the Building Official which include a new section, section 400.19, that dealt with the need to certify compliance. A home builder would be required to submit a certification that the home had been built in accordance with the approved elevation standards and grading plans before it would be occupied. He explained that the City Council has recently had some very serious problems brought to its attention which, among other things, demonstrated that some home builders are not building houses in accordance with the plans approved for the subdivision or for the home builders themselves. clh° N!0'tl 3110190 MINUTES - PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 5 Bob Burger asked Greg Frank to comment and he stated that there were a variety of concerns and that the City had identified one way to ensure compliance, although that was not necessarily the only way. Gary Laurent stated that the proposed solution in Section 400.19 seems to overdo it since only a few builders are responsible for the problem. Terry Forbord also stated there seemed to be some "overkill" and he said he does not believe that one needs to be a surveyor/engineer to tell whether water is going to flow properly. He suggested that a competent Building Inspector should be able to tell that. Councilmember Vasiliou did not concur with the observation that the proposed code was "overkill" and she cited the various problems that have come before the City Council. She indicated that while there may be other approaches to providing the assurance that houses have been properly built, it was a matter the builders and homeowners should accept, but that typically the City is left with the final problem since neither developers or builders seem to be willing to accept responsibility. She stated her experience recently has suggested that some builders and developers feel the City is responsible for "letting them" build contrary to approved plans. She explained that the City Council had directed staff to develop some means to ensure that homes were properly built. Blair Tremere commented that City building inspectors were not engineers or surveyors and that often the validity of proper grading and elevations cannot be made by observing waterflow because there was no water flowing. The City staff was conscious of additional costs required in the certification; he noted, however, that the draft does not call for a certified "as built" survey of the property. Extensive discussion ensued and several developers concurred that if surveyors were going to make the certification required, they would likely require a full survey. Also, Public Works Director Fred Moore noted that the certification at the end of the process was a new section; and another was in the housekeeping portion of the code amendments whereby builders were required to certify that their proposed plans were consistent with approved grading and drainage plans. That should facilitate the final certification if the lot and house are developed per the plans. cim NOV 31101190 MINUTES - PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 6 Gary Laurent suggested that perhaps that was enough for the time being and that he personally agreed with the plan requirement. It is not apparent that the certification would be necessary if all plans had the certification noted by Fred Moore. Bob Burger suggested that a subcommittee be established to further review the proposed ordinance prior to the City Council's continued consideration of the matter September 10. The subcommittee would consist of him, Peters Pflaum, Mike Pflaum, Marlin Grant, Greg Frank, John Griffith. Mike Pflaum stated that some consideration should be given to the process of approving minor changes to the grading plans so that formal City Council review and approval was not necessary. Bill Pritchard also stated that the perspective that would be desired is that the developers have a responsibility to see that the problem is resolved and that further government regulation hopefully would not be needed. Bob Burger stated that the group should try to meet on Thursday, September 6 to discuss the code amendments. There was a suggestion that another topic to be considered would be the water issues that would be coming before the City, including the wetland regulations. Bob Zitur commented that if the Development Council is to review the wetland regulations, consideration should be given to the fact that it is not an isolated problem limited to Plymouth. All developers throughout the City should realize that there are wetlands that need to be considered in the development review process and that the difficulty with regulation are not limited to Public Works projects. He stated that the City and developers need to look at the whole picture. Bob Burger.. asked Fred Moore to discuss the matter of storm sewers versus swales in preliminary plat documents. Fred stated that the City Council had discussed this and Councilmember Vasiliou, particularly, stated a concern that perhaps swales were not the only way to provide effective storm water drainage. He said that he was going to show the Council how swales were used with new proposed preliminary plats so. the Council could decide whether more formal means such as storm sewer system would be appropriate. Gini %!0+! K, n S90 MINUTES - PLYMOUTH DEVELOPMENT COUNCIL August 29, 1990 Page 7 VII. Bob Burger asked Blair Tremere to comment on the status of Comprehensive Plan amendments. Blair indicated that the Land Use Guide Plan and Transportation Plan were still on hold with the Metropolitan Council who had found both to be "inadequate for review" for the lack of linkage between land use regulations and traffic impact on the Metropolitan system, I- 494 and Highway 55. He stated that the staff had been working closely with the City's traffic consultant and he expected the City will have prepared revised information to be submitted to the Metropolitan Council by the end of the summer. He asked that any particularly property owners or developers with concerns contact his department and verification could be made whether there was a particular parcel directly impacted by this. VIII. Blair Tremere explained the next item involving information requirements for preliminary plats. He stated that due to suggestions from several developers, and particularly John Griffith and his attorney,,' the City Council had approved an amendment to the City Code that now allowed an applicant to submit evidence of current title insurance in lieu of an updated property abstract or registered property report. He indicated that this may facilitate the application process for developers, but he cautioned that legal advice should be sought because abstracts and/or registered property report may have to be updated for other purposes. The City has made a finding that evidence of title insurance will satisfy City needs for purposes of processing preliminary plats. The meeting was adjourned at 9:20 a.m. e VIM NOV PLANNING COMMISSION MEETING AGENDA WEDNESDAY, DECEMBER 5, 1990 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 )A -Z CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 1. CALL TO ORDER 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS 6:45 P.M. 7:00 P.M. November 28, 1990 A. Zoning Ordinance Amendment regarding Standards for Outside Display, Storage and Sale of Merchandise. B. Dwight Larson. Continued Hearing on Conditional Use Permit, Site Plan and Variances located at 11318 Highway 55 (90099) 6. OLD BUSINES A. Greenwalt Development, Inc. Continued Consideration of Site Plan, Final Plat, Proof of Parking Plan, Variance for Offstreet Parking, and Conditional Use Permit for "The Wholesale Club" in "Bass Lake Plaza 5th Addition" located at the northeast corner of Nathan Lane and 56th Avenue North (90085) 7. OTHER BUSINESS 8. ADJOURNMENT C►,,� tjo�l 7, c 190 I � Z o �v �N CDcnm V v CK; .r•i i O d 4 .Q •rel O V F� +- O O 4-) tp ' cn'b W, • 0 w S- ou a a ? PQ "� K f" N C ((o V"x_i CdCd C'3 U D 0- 0 ,V) V x s O 4-1 N O J N •ri O O O co O O O CO g �4 3 0 O � cid O O � $ O bA 4- O r-i� *U)•� r-q 0 x 041 g Cim NOV 3 0 '°0 NOVEMBER 1990 VOLUME VII NUMBER 3 OLD FASHIONED CHRISTMAS IN PLYMOUTH On Sunday, December 9th from 2:00 - 5:00 pm, the Plymouth Historical Society and Plymouth Park & Recreation Department are co -sponsoring the Fourth Annual "OLD FASHIONED CHRISTMAS IN PLYMOUTH': The purpose of the event is to provide some old fashioned Christmas spirit and activities for families in Plymouth. Children can visit with Santa and Mrs. Claus will be right there to help the Elves hand out candy canes. A sleigh/hay ride pulled by Belgian horses with bells jingling will be giving rides ($.50 per person), hot cider and cookies will be provided, storyteller, carollers and making Christmas decorations are other activities for the children. On Saturday, December 8th starting at 9:00 am, we will decorate the two old fashioned Christmas trees and building. We are looking for jiel , in decorating and bringing items that could be borrowed for the day to add some more old fashioned Christmas spirit. They can be items as follows: • Old fashioned antique ornaments • Old fashioned toys to put under the tree • Poinsettias • Evergreen roping If you can help or bring decorations, please call Myrtle Eckes, 545-6168 or Gary Schiebe, 473-4889. Attached is a flyer describing the event so bring your friends, relatives, neighbors and kids ages 9 months to 90 years young. We had a great time last year and this year it will be even better. We thought you might be interested in some of the specific volunteer help and businesses involved to help the Plymouth Park & Recreation Department and the Plymouth Historical Society put on this event: Santa Mrs. Claus Elves StoryTeller Singers Strolling Carollers Hay Ride - Phil Collins - Mable Swanson - Girl Scout Troop 486 - Bob Gasch - Armstrong Chamber Singers - John Uhrich and Friend - Firstar Metro Bank -Plymouth - Bunker Hill Stables Cutter - Bob Paylor Wreaths, Trees & Garland O._ , - ''=moi%►' Candy Canes NOVEMBER 1990 VOLUME VII NUMBER 3 OLD FASHIONED CHRISTMAS IN PLYMOUTH On Sunday, December 9th from 2:00 - 5:00 pm, the Plymouth Historical Society and Plymouth Park & Recreation Department are co -sponsoring the Fourth Annual "OLD FASHIONED CHRISTMAS IN PLYMOUTH': The purpose of the event is to provide some old fashioned Christmas spirit and activities for families in Plymouth. Children can visit with Santa and Mrs. Claus will be right there to help the Elves hand out candy canes. A sleigh/hay ride pulled by Belgian horses with bells jingling will be giving rides ($.50 per person), hot cider and cookies will be provided, storyteller, carollers and making Christmas decorations are other activities for the children. On Saturday, December 8th starting at 9:00 am, we will decorate the two old fashioned Christmas trees and building. We are looking for jiel , in decorating and bringing items that could be borrowed for the day to add some more old fashioned Christmas spirit. They can be items as follows: • Old fashioned antique ornaments • Old fashioned toys to put under the tree • Poinsettias • Evergreen roping If you can help or bring decorations, please call Myrtle Eckes, 545-6168 or Gary Schiebe, 473-4889. Attached is a flyer describing the event so bring your friends, relatives, neighbors and kids ages 9 months to 90 years young. We had a great time last year and this year it will be even better. We thought you might be interested in some of the specific volunteer help and businesses involved to help the Plymouth Park & Recreation Department and the Plymouth Historical Society put on this event: Santa Mrs. Claus Elves StoryTeller Singers Strolling Carollers Hay Ride - Phil Collins - Mable Swanson - Girl Scout Troop 486 - Bob Gasch - Armstrong Chamber Singers - John Uhrich and Friend - Firstar Metro Bank -Plymouth - Bunker Hill Stables Cutter - Bob Paylor Wreaths, Trees & Garland - Dundee Nursery Candy Canes - Tad Jude Cider - New Market, Cider - Country Store, - Janssen's Food Village Cookies - Plymouth Historical Society VIRGINIA OHMAN The Plymouth Historical Society mourns the death of Virginia Ohman. She had provided many years of dedicated service to the Society. Virginia served as Secretary since 1977 and contributed her great artistic talent to the many activities sponsored by the Plymouth Historical Society. Ginny, as her friends called her, was born and raised in Plymouth by her parents .Victor O. and Marie E. Bertrand. She attended Beacon Heights Elementary School and Hopkins High School. Ginny then studied Spanish at Gustavus Adolphus College In St. Peter and the University of Minnesota. She began her high school teaching career in Pine River, Minnesota and moved to St. Cloud. In 1961, she joined the Wayzata Senior High School Language Department and taught until 1975 when she retired. We will all miss you Ginny. MUSEUM DONATIONS Barb Rasmussen has been helping Edith Hopperstad by picking up the duties of the record keeping of the artifacts donated to the museum. We want to thank both Barb and Edith on the great job they are doing. In the next newsletter we will provide a list of the Items donated over the last year. HISTORY OF LAW ENFORCEMENT IN PLYMOUTH Niel Nielsen has researched and compiled information about the History of Law Enforcement In Plymouth. Niel's list provides a chronllogicai list up to present day from May 11, 1858 when the citizens of Plymouth elected Town Constables, Phillip Otto and Alfred Jordan to when Richard J. Cariquist was appointed Chief of Police on June 18,1979 and is the current Director of Public Safety. OPENINGS AVAILABLE We'need•you•= ='there"are.Openings on* the Plymouth Historical Society Board of Difectors. `No special ' qualifications are required, only an interest in the history of Plymouth. We welcome anybody that has an Interest. Please call Gary Schiebe, 473-4889. FAMILY HISTORIES The Plymouth Historical Society has quite a few family histories on file. We welcome people to come and look at them, which may help you trace family roots. You probably have concluded that the name of Parker's Lake got its name from early settlers in Plymouth and you are correct. The following is a glimpse Into the Parker family and their early life from their family history on file at the Historical Society. The first one is about the family history, the second article was written for a Los Angeles newspaper. C!h'• {.'^" x''90 alt VL 4j If ik f(- Z � - , hiS-i -) v AV.i io fly A '. �E 7 I miq nX rfi, ?e 2; 0) U 0 I a • �,x� 4,J;, vy,.wg.t•, .;..Y,a . b j mu�;f:�.r�^ .rf {'• f w � K � r REGIONAL TRANSIT BOARD Mears Park Centre 230 East Fifth Street, St. Paul, Minnesota 55101 292-8789 DATE: November 26, 1990 TO: Members of the Local Officials Advisory Committee FROM: Mike Kuehn, RTB Community Relations Coordinator `43..r SUBJECT:* RTB Community Breakfast Meetings For the last several years, the RTB has held a series of breakfast meetings which invite city and county government officials, legislators, and business leaders to discuss transit issues for our region. Many of you, who are elected officials in the transit taxing district, will receive a personal invitation a few weeksLb fore the meeting in your area. All of you are cordially invited to attend the meeting in your area. We also enlist your help in encouraging other local government officials from your community and adjacent communities to attend one of these meetings. Following is a schedule for this series of meetings. A continental breakfast will be served. The meetings are Fcheduled from 7:30 a.m. to 9:30 a.m. Date General Area 12/11/90 Anoka County /12/13/90 Northern Hennepin County 12/18/90 Ramsey County 12/19/90 Dakota County and Scott County 1/10/91 Washington County Location Season's Restaurant at Bunker Hills, Hwy. 242 and Foley Blvd. Coon Rapids The Clubhouse of Edinburgh, USA 8700 Edinbrook Crossing (Off Hwy. 252 and 85th Avenue No.) Brooklyn Park Holiday Inn --Shoreview 1-694 at Lexington Avenue Shoreview Best Western --Yankee Square Inn 3450 Washington Drive (Off 1-35E at Yankee Doodle.,Rood) Eagan Holiday Inn --St. Poul l=astN"11! _- 1-94 at McKnight Road Maplewood r : , RTB Community Breakfast Meetings November 26, 1990 Page 2 Date General Area ee.. 1/11/91 1/15/91 1/17/91 - South Hennepin and Carver Counties City of Minneapolis City of St. Paul M — �-� Chi -Chi's Restaurant 8335 Crystal View Road (Comer of Highway 212 and Prairie Center Drive) Eden Prairie '('(West River Point Business and Banquet Cuter 1315 West River Road North Minneapolis St. Paul Radisson Hotel 11 East Kellogg Boulevard St. Paul It would be appreciated that if you will be attending the meeting in your area to contact our receptionist at 292-8789 at least five days before the date to allow us to make appropriate arrangements. Please Note: The December meeting of the Local Officials Advisory Committee has been cancelled. The next meeting will be held on Wednesday, January 9, 1991, at Meors Park Centre. cc: Vern Peterson, Association of Metropolitan Municipalities iM hat 30 The Twin West Chamber of Commerce Board of Directors cordially invites you to attend the Twin West Annual Meeting Luncheon with 'Keynote Speaker Governor -Elect Arne Carlson and a Salute to Twin West's Volunteer Leaders Thursday, December 13th Radisson Minnetonka Hotel 12201 Ridgedale Drive, Minnetonka 11:30 a.m. - Registration 11:45 a.m. - Lunch 1:30 p.m. - Adjourn $20 per person $200 Corporate Tables of 10 (includes preferential seating & table placard) M—\3 CtrsIli��� i3i" � 4� ��•� ?�' f. r - ¢vCO Lr) M O - N M W w N M m N M W .- N N Q O n N N It 2 N N N cr W m 15; W U LU D M N M N U.N Cl) C = CD U) N N M H a:O P r CD m 3 N N m > iz N N O 2 O N zo z r OD to y N H I H zo a H O E-1 -4 W �0ON co a N 0 00 P4 co N N a z 0 m I z QCHO �Ei 3 o� H z 9E-4 d. w o00 I� PC, N N w w cs } HH O z O w (n 6 � H LU o_ U _ ' U Q M ~ H o M (o 711 N N pva+ = HO �o O Z zLU H � H ^ U •W a N -P4" to LO P4 w H O r- w rze, r N z LD C) � uj U rM W H w �a LL. ocn D O J O CC C) LO 2 F- L) m ,,- 00N M Cl- O ` L) 0 OF4r�4' 1°¢CD� C O � iiV�J O OAF 4;t M M Q Z D N a) r— N Minnesota Department of Finance November 1990 HIGHLIGHTS • High oil prices and lost consumer confidence following the Iraqi in- vasion have led the US economy into a recession. • DRI Control contains a mild recession. Even so, five quarters elapse before real GNP again reaches its current level. Approximately one year of growth in state revenues is lost and never recovered. • Unanticipated caseload growth causes human services entitlement spending to significantly exceed previous estimates in F.Y. 1991 and future years. • The reserve fund ($550 million) can help assure fiscal stability. Any plan for using the reserve should include a plan for rebuilding it within the budget planning horizon. 1990-91 FORECAST • General fund revenues of $13.481 billion (down 0.2 percent, $22 million) andexpenditures of $14.074 billion (up 1.1 percent, $157 million from end of session estimates) are forecast. • A general fund shortfall of $197 million --5.5 percent of January through June, 1991 expenditures --is projected. 1992-93 FORECAST • General fund revenues are forecast at $14.327 billion. Baseline expen- ditures are estimated to be $15.539 billion. • Budgetary actions totalling $1.212 billion --7.8 percent of baseline spending --will be required. The entire shortfall is due to the recession ($1.056 million) and unanticipated increases in human services costs. • The reserve could reduce the 1992-93 shortfall to $662 million (4.3 percent). If $197 million is used in 1991, the remainder of the reserve can reduce the shortfall to $859 million (5.5 percent). 1994-95 BASELINE ESTIMATES • Currently, baseline expenditures exceed revenue. Balancing the 1992- 93 budget will change the 1994-95 baseline. PARTMENT OF FINANCE - 400 CENTENNIAL BUILDING - 658 CEDAR STREET - ST. PAUL. MINNESOTA 55156 - (612) 296-5900 November 1990 Minnesota Financial Report A MILD RECESSION IS EXPECTED PERCENT (ANNUALIZED) d 4 2 0 .2 a ibw 1991 1992 1993 ALL SCENARIOS INCLUDE A RECESSION IN BILLION S 4600 4500 4400 4300 42DO 4100 4000 3900 9002 9004 9102 9104 9909 00r%A NOV 2 elm. Nail S Minnesota Financial_ Repo rt November 1990 1990 -,,91 Biennium (S in millions) 1990-91 Estimate Beginning Balance 396 (Excluding Budget Reserve) REVENUES 13,481 EXPENDITURES 14,074 ENDING BALANCE (197) Budget Reserve 550 Change from End of Session PROJECTED BALANCE (End of 1990 Session): ($18) FORECAST CHANGES: Decline in Major Revenues (71) Increase in Human Services Forecast (146) All Other Changes (Net) 38 TOTAL FORECAST CHANGES (179) PROJECTED SHORTFALL JUNE 30,1991 ($197) 3 CIM NOV 3 0 `90 Z aZ November 1990 Minnesota Financial Re ort 1992 - 93 Biennium (S in millions) 1992-93 Estimate Beginning Balance 0 (Excluding Budget Reserve) REVENUES 14,327 EXPENDITURES 15,539 ENDING BALANCE (1,212) NET AFTER RESERVE ($550) (662) If $197 of reserve used in F.Y. 1991 (859) Change from End of Session PROJECTED BALANCE (End of 1990 Session): $19 FORECAST CHANGES: Decline in Major Revenues (732) Increase in Human Services Forecast (376) All Other Changes (Net) (123) TOTAL FORECAST CHANGES (1,231) PROJECTED SHORTFALL JUNE 30, 1993 ($1,212) CIM NOV 30'90 4 GROWTH LOST TO A RECESSION IS NEVER RECOVERED IN BIWON S 4600 4500 4400 4300 4200 4100 4000 -- Iwo] 1992 1993 The Impact of the Recession F.Y. 1992 - 93 (S in millions) Lost Revenues $870 Human Service Increases $1-U Total Impact $1,056 NOV'90 FEB'90 NOV 3 C ' 1� 5 November 1990 Minnesota Financial Report $ in Millions 8,500 8,000 7,500 7,000 (- I 6,500 'r 6.000 5,500 THE LONG TERM OUTLOOK GENERAL FUND REVENUES VS. EXPENDITURES 5,000 1988 1989 1990 1991 1992 1993 1994 1995 Fiscal Year 1992-93 BASELINE EXPENDITURES • Based on current law • Increases reflect only: Caseloads and pupil unit growth or specific formula driven factors Statutory increases previously enacted Statutory inflators currently in law • No assumed funding increases for general inflation or operating costs • No discretionary increases or new programs. Wo NOV 3 U '94 6 PLANNING FOR USE OF THE RESERVE • Reserves are to cover cyclical shortfalls. They should be'used when economic shocks force revenues below their long-term sustainable level. • Reserves should not be used to cover structural imbalances. • Cyclical shortfalls do not stop when the economy recovers or when a particular budget period ends. • A plan for using the reserve must recognize the following; The budget reserve is insurance against the disruption of essential state services. The budget reserve helps the state avoid short term borrowing for cash flow purposes. There is a risk that the recession will be more severe than is currently forecast. • Any plan for using the reserve should include a plan for rebuilding it within the five year planning horizon. G/69 htnl 7 _l - J ABOUT YOUR TOWNHOME We are pleased to introduce you to your new DEERHAVEN TOWNHOME. Your townhome is a product of skilled workmanship avid high quality materials assembled into a beautiful home for your comfort and enjoyment. You have now chosen the model that meets your needs and the decor that pleases you. It is our sincere wish that you enjoy your new home. We have a fine service program for our Homeowner. With good communication Please remember that during the last couple weeks of construction, even the last days, the home has many items to complete. Do not be alarmed that something is not done - it usually is before your closing date. If not, your move -in report should be used for any incomplete items. Because a horde is a unique and complicated product, there are many misunderstandings as to certain conditions which occur in the home. In order to help you understand these conditions,:we are outlining the following more common conditions in all home THAT -ARE NOT PART OF YOUR - WARRANTY. CRACKS a. Concrete foundations, walks, basement floors, and garage floors can develop cracks due to characteristics of expanding and contracting of concrete. There is no known method of eliminating this condition. The basement and garage floors are single or monolithic slabs resulting from one continuous pour of concrete, to insure uniformity throughout. Due to the size of these slabs cracks may develop. These cracks do not affect the strength of the structure. PROTECT YOUR EXTERIOR CONCRETE BY KEEPING IT FREE AND CLEAR OF ICE AND SNOW. DO NOT APPLY SALT IN ANY FORM. By allowing salt to accumulate, you are subjecting your concrete to scaling and pitting. b. Mortar cracks can develop in the mortar used in bonding cement blocks or bricks together. This is a normal condition due to shrinkage in the mortar. CIM NOV 3 0 'po and patience, we will make every effort to correct or repair each warranted request for service that you may have. Your home will be thoroughly inspected by both our company and City and State inspectors. However, even after your home has been completed, you may find some minor repairs necessary. Please note these items on your 4 -day -move -in service report, which will be given to you at the loan. Your home is warranted for one year_for malfunctions time you close your (10 year's for structural defects) except as otherwise noted in our warranty. You will also be given additional information at closing regarding emergency calls. Please refer to the instruction manuals left in your home for the manufacturer's warranties on certain mechanical items such as appliances, water heater, furnace, etc. Minor adjustments are normal homeowner's maintenance responsibility and will not be serviced by us. Please remember that during the last couple weeks of construction, even the last days, the home has many items to complete. Do not be alarmed that something is not done - it usually is before your closing date. If not, your move -in report should be used for any incomplete items. Because a horde is a unique and complicated product, there are many misunderstandings as to certain conditions which occur in the home. In order to help you understand these conditions,:we are outlining the following more common conditions in all home THAT -ARE NOT PART OF YOUR - WARRANTY. CRACKS a. Concrete foundations, walks, basement floors, and garage floors can develop cracks due to characteristics of expanding and contracting of concrete. There is no known method of eliminating this condition. The basement and garage floors are single or monolithic slabs resulting from one continuous pour of concrete, to insure uniformity throughout. Due to the size of these slabs cracks may develop. These cracks do not affect the strength of the structure. PROTECT YOUR EXTERIOR CONCRETE BY KEEPING IT FREE AND CLEAR OF ICE AND SNOW. DO NOT APPLY SALT IN ANY FORM. By allowing salt to accumulate, you are subjecting your concrete to scaling and pitting. b. Mortar cracks can develop in the mortar used in bonding cement blocks or bricks together. This is a normal condition due to shrinkage in the mortar. CIM NOV 3 0 'po SOIL_�SET•TLEMENT AROUND_f-OUND_T_IQIj: Some settlement may occur during the first'jiear^; ' after tKb* yard has been final graded. Maintaining the sgi 1 level around the home with a positive slope away from the foundation is an essential factor in keeping a dry basement. If areas settle around the foundation and sewer and water trench areas, please notify us. t. DAMP FFOUNDATION BLOCKS: It is a natural occurrence because of condensation. Damp blocks do not mean a "Wet Basement" and should not require a service call. Airing out or a dehumidifier will help dry out the damp blocks. Condensation may build up on walk—out basement walls, where a "Vapor Barrier" is required to be installed by State Codes. A dehumidifier should alleviate the dampness. We do not warrant against dampness on the basement walls. We do not warrant against a wet basement after one year. WE DEFINE "WET BASEMENT" AS WATER LEAKAGE OR FLOW WHICH EVENTUALLY PUDDLES ON THE BASEMENT FLOOR. NOTE: Do not store valuables on your basement floor or in crawl spaces. We assume no responsibility for damaged items stored in these areas. We also assume no responsibility for the grading or subsequent flooding or stagnant pool formation if the established grade is altered. BRICK DISCOLORATION: Brick may discolor due to the elements, rain run—off, weathering, or its 'innate materials. STAINED WOODS: Wood, cabinets, paneling, doors and wood trim, all have variation in wood grain and color. These variations cannot be controlled. PAINT: Good quality paint has been used internally and externally on your new home, properly primed and finished. However, some fading of the paint will occur because no lead is used in paints. Checks and cracks are common items in new homes due to causes of drying out, rather than the paint or its application. Your first touch—up or repainting will correct these minor conditions. Under certain lighting conditions, especially on light colors, shadows may appear on the walls and ceilings. This is from reflections and riot from inferior painting or taping work. SHEET_VINYL_FLOORS: Some minor ridges may appear due to floor ,point shrinkage and expansion and contraction of plywood underlayrnent. Avoidance of this problem is impossible. FLOOR SQUEAKS: Extensive research and writing on the subject concludes that much has been tried but little can be done about floor squeaks. Generally, these will appear and disappear with changes in weather conditions. A certain amount of floor shrinkage is normal. Complete avoidance of shrinkage is impossible. Floor squeaks do not affect the strength of the structure. DRYWALL_ AND NAIL_ POPS: Drywall, paneling, or wood shrinkage cracks, "nail pops" or searns can appear in walls during the drying out process of your home. These are normal and your first redecorating will remove them. CIM, Z � WAhPED DOORS: Doors warping less than 1/4" will riot be replaced. With Doors warped in excess of 1/4", we advise going through one heating season before we consider replacement. Doors frequently warp and later correct themselves. CHIPS,_SCRATCHESL_OR MARS: In woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, appliance finishes, doors, siding, window screens, ceramic tile, vinyl tile, linoleums, counter tops: Unless reported on the 4 day move -in report, these are not warranted. ROOF DAMAGE: If roof damage is caused by someone walking on the roof (e.g. installation of radio or television antenna) or due to high winds, is not warranted. SPLITS_ IN_ CEDAR_ SIDING: There will be cracks, chips and variances of the color of the stain for rough -cut cedar siding. Itis a natural occurrence because of the different hardness within each board. MUNICIPAL_ SEWER _AND -WATER _LINES: If sewer or water lines malfunction, this would be the municipality's responsibility. Clogged drains and toilets after the move -in report, are the homeowner's responsibility. LEAKAGE: Any leakage in hood fans, bathroom fans, vents and furnace flues due to excessive rains, condensation, moisture frost build-up, and extreme wind. Leakage in windows or glass sliding doors because extreme winds drove moisture through them. DAMAGE_ DONE_FROM_EXCESSIVE_HUMIDITY or lack of sufficient humidity. BLACKTOP DRIVES: Some minor color variations, rolls, cracks, and slight dips may occur. These are due to soil movement (unavoidable) and do not affect the strength of the driveway. WARNING: blacktop driveways will be soft in hot weather for the first two years of occupancy. FROZEN_ WATER_ PIPES: Your townhome is equipped with outside faucets. Be sure to shut off your outside faucet prior to freezing temperatures. There is a shut-off valve and drain plug in your townhome. Failure to do so may cause frozen.pipes. We hope this gives you a better understanding of your new home. We thank you for becoming a part of DEERHAVEN. Acknowledging receipt of the above information: DATE: �`- 1'-(`_ ------- BUYER : E:G %�_ v�---------- G Chu ��R�' 0 '90 S 3 SETTLEMENT AGREEMENT RECITALS A. Lowry Hill Construction Co., a Minnesota corporation (herein "Developer" or "Lowry Hill") was the developer named in that certain Declaration of Covenants, Conditions, and Restric- tions for Deerhaven Second Addition originally filed October 20, 1982 as recorded Document No. 4748118, as amended (the "Declara- tion"). B. Bernard Barr and Dorothy Krekelberg ("Barr" and "Krekelberg" respectively) are officers of Lowry Hill Construc- tion Co., and were among the members of the initial board of directors of the Deerhaven Homeowners Association, Inc. The remaining director of the initial board of directors of the said Association was Jules Krekelberg. C. Deerhaven Homeowners Association, Inc., a Minnesota nonprofit corporation (the "Association") was and is the associ- ation of homeowners organized for purposes of constituting and acting as the association of the owners of lots in that certain plat and subdivision known as Deerhaven Second Addition, Hennepin County, Minnesota, (the "Land"), and is also the owner of certain common areas and community facilities located within said sub- division (the "Facilities"). D. A dispute has arisen concerning the responsibility for certain repairs claimed as needed to Land and Facilities owned by the Association, related to the subdivision or to property for which the Association has maintenance responsibilities ("Property"); disputes have also arisen as to the obligation of Developer to pay association maintenance assessments on undeveloped lots. CIM N!O �•' ° � z 3 E. On January 23, 1984 the Association acting through and by its then board of directors passed a Resolution in order to exempt Developer from maintenance assessments on undeveloped lots. Current directors have challenged the effectiveness of that Resolution. F. The Association acting through its Homeowner controlled Board of Directors has claimed that certain repairs are subject to the warranties and contract obligations of the Developer, and has presented Lowry Hill and its counsel with numerous "punch lists" prior to the date of this agreement, setting out items for which repairs or maintenance is claimed. G. The Association has also claimed that the Association is owed past maintenance assessments from Lowry Hill as a result of Lowry Hill's past and present ownership of lots within the subdivision. H. Since the disputes have arisen, Lowry Hill has per- formed and completed repairs and other work and has agreed to perform additional work•(as set out in section number 4, below), to the Land, Facilities, Property and the dwellings thereon, in full satisfaction of the Association's claims as to the condition of the Land, Facilities and Property; Lowry Hill has also agreed to pay certain sums as set out in this agreement in full satis- faction of all claims by the Association including claims for maintenance assessments claimed by the Association to the date hereof, the validity of which claims Lowry Hill does not admit. I. The Association has agreed to establish the procedure by which Lowry Hill will be obligated to pay assessments for maintenance (herein "Maintenance Assessments") in the future. - 2 - CIM =-a J. In order to effectuate the agreements in paragraphs H and I above, to conclusively settle all disputes now existing between the parties, and to effectuate all other agreements con- tained herein, the parties have entered into this: AGREEMENT AND RELEASE 1. The above Recitals are incorporated into this Agree- ment, and the parties agree to the facts, agreements and releases contained herein. 2. Each of the parties hereto are duly authorized to enter into this Agreement and Release in settlement of the claims be- tween them. 3. Lowry Hill has paid, and the Association has accepted the sum of $975.00 in full payment for the irrigation system for the former model unit located on Lot 2, Block 2, Deerhaven Second Addition. Lowry -.--Hill- �aarees to pay to the Association -the sum of ---4- $8;500':'00'� n�"fiill'. settlement 'of~='all=claims` beld,-by the-Associa- tionwagAihi;C'5--?L6wty"�'Hill7=:�Bari:-"�� Rrekelbe�g �and�r�ules.'-grekelberg including all maintenance assessments claimed by the Association, the validity of which claims Lowry Hill does not admit. 5. Lowry Hill, as a part of this Settlement Agreement, and in addition to the cash payments set out in Paragraphs 3 and 4 agrees to complete the following punch list items. The "net" amounts listed are the maximum amounts to be spent on any listed project, and in many instances have been estimated high in order to assure the Association adequate funding. from the escrow account should the Association be required to perform the stated repair. �.3 Funds shall be held and released by Title Services, Inc., in accordance with the Escrow Agreement a true and correct copy of which is attached as exhibit A to this Agreement. 6. The Association agrees that, effective immediately, no Maintenance Assessments will accrue to the four undeveloped lots currently owned by Lowry Hill nor to the outlots now owned by Lowry Hill, once either or both outlots are platted and incor- porated into the Association, until such time as a dwelling unit is built on a platted lot, approved for occupancy, and the build- ing of which it is a part becomes insured by the Association at the request of Lowry Hill. At that point, all the lots on which the building containing the completed dwelling requiring insurance exists will begin to accrue full assessments and will receive full Association services. These Agreements shall run with the land. - 4 - CIM hfov 3 0 `90 Net (Maximum To be Held' Description Expense) in Escrow a. install shredded bark under $ 30.00 $ 45.00 b. 2 trees - 11280 install 30 yards of sod - 11300 50.00 75.00 c. replace evergreen, add rock - 11340 100.00 150.00 d. plant shrubs - 11330 100.00 150.00 e. sod along retaining wall -north side 57th directly to west of 11150, not to exceed 150.00 225.00 f. seal coat side parking area, per Harddrives.letter of October 18, 1988 - 11425-11415-11435 150.00 225.00 g. patch birdbath, raise manhole cover, per Harddrives letter of October 18, 1988 - 11215-11205-11145 11000.00 1,500.00 h. downspout extension - 11320 15.00 22.00 i. cut swale along blacktop - 11280 30.00 45.00 Total $1,625.00 $2,437.00 6. The Association agrees that, effective immediately, no Maintenance Assessments will accrue to the four undeveloped lots currently owned by Lowry Hill nor to the outlots now owned by Lowry Hill, once either or both outlots are platted and incor- porated into the Association, until such time as a dwelling unit is built on a platted lot, approved for occupancy, and the build- ing of which it is a part becomes insured by the Association at the request of Lowry Hill. At that point, all the lots on which the building containing the completed dwelling requiring insurance exists will begin to accrue full assessments and will receive full Association services. These Agreements shall run with the land. - 4 - CIM hfov 3 0 `90 7. The Association has stated that it will, at its expense, amend and revise its governing documents. The Associ- ation agrees any such amendment shall be consistent with this Agreement and Release. The Association further agrees that Lowry Hill, as Developer, its successors and assigns, has the absolute right to annex Outlot A, Deerhaven Second Addition to the real property now subject to the Declaration without the consent of the Homeowners (Declaration, Article XI, Section 4), and upon such annexation the lots created within and from said Outlot A shall be submitted to the Declaration as amended, and shall be governed by the Agreements relating to Maintenance Assessments set out in this Agreement and Release. The Association agrees that any amendment to the Declaration or By-laws proposed or adopted by the Association will recognize this right of annexa- tion subject only to the now existing limitation that such addi- tion be in accordance with the general plan of development approved by FHA. Similarly, the Association recognizes the right of the Developer, its successors and assigns, at the Developer's option, to annex Outlot C, Deerhaven to the lands subject to the Association's Declaration, as amended or, as may be amended, on the same terms set out above for Outlot A, Deerhaven Second Addition; Maintenance Assessments for the lots created within and from said Outlot C, Deerhaven shall be governed by the Agreements relating to Maintenance Assessments set out in this Agreement and Release. 8. The Association agrees to provide to Lowry Hill record- able satisfactions of all liens filed to date by the Association. The Association further agrees that no Maintenance or Special 5 - elm Nov Assessments shall accrue or become due as regards undeveloped lots which are now subject, or which may, in the future, be sub- ject to the Declaration and any amendments thereto, except as provided in paragraph 6 of this Agreement. The Association fur- ther agrees that future requests by Developer for statements of account as to Developer owned lots shall be prepared in accordance with this Agreement. RELEASE 9. In consideration of the above -stated undertakings, agreements and payments, and the mutual releases herein con- tained: a. Lowry Hill, Barr, and Krekelberg release the Association and its Board of Direc- tors from any and all claims held by Lowry Hill, Barr or Krekelberg against the Association and its Board of Direc- tors and including those claims relating to any assessment lien claim now filed of record, or any claims for damages arising out of or as a result said fil- ings or claims for Assessments. b. The Association releases Barr, Krekelberg and Jules Krekelberg from any and all claims relating to their service as directors of the Association. c. The Association releases Lowry Hill its officers, directors, employees and shareholders from any and all claims held by the Association against Lowry Hill, including claims for maintenance assessments and related charges claimed to have accrued prior to the effective date of this Agreement, as well as any claims for future assessments, except only such Maintenance Assessments as may be imposed on completed dwellings under the terms of this Agreement. 10. This Agreement, shall be effective as of the date hereof and shall be binding upon and inure to the benefit of the 6 - Association, its officers, agents and members, Lowry Hill, its officers, agents and directors and upon Barr, Krekelberg and Jules Krekelberg and all of said; parties respective successors, heirs and assigns, and each party hereto agrees to undertake and perform such steps and actions as may be required of such party to effectuate the purposes of this Agreement. Dated 5rl— 4l , 1989 njp/2821-001SA(jjr) DEERHAVEN HOMEOWNERS ASSOCIATION, INC. By: Its Presigilfit AND By. gadAw--ei •Its Secretar LOWRY HILL CONSTRUCTION CO. By: ernard Barr, it President wul Dorothy Krek6&bergr its Secr6t&ry ernard Barr, Individually Dorottfy Krekelbptg, Individually./ es Krekelberg, Ind dually - 7 - CIM NOV 3 0 _.�� TITLE SERVICES, INC. 255 Park Square Court 400 Sibley Street St. Paul, MN 55101 Phone: (612) 227-8571 M25219 TSI File No. M26072 ESCROW AGREEMENT - WORK COMPLETION - SETTLEMENT The undersigned, as parties to that certain settlement April agreement dated VEUM 4 1989 and generally relating to lots within the plat of Deerhaven Second Addition and Deerhaven, hereby agree to employ Title Services, Inc. ("TSI"), to act as Escrow Agent to affect the performance of the settlement agree- ment in accordance with the following instruments and provisions: 1. Lowry Hill Construction Co. ("Lowry Hill") hereby de- posits the sum of $ 2,437.00 with TSI. 2. From the funds deposited, TSI shall withhold $ 100.00 as its escrow fee. 3. The funds deposited (less escrow fee), shall be held in escrow by TSI pending written notice of the completion of the following described items: Description a. install shredded bark under 2 trees - 11280 b. install 30 yards of sod - 11300 c. replace evergreen, add rock - 11340 d. plant shrubs - 11330 e. sod along retaining wall -north side 57th directly to west of 11150, not to exceed f. seal coat side parking area per Hardrives letter of October 18, 1988 - 11425-11415-11435 To be Held in Escrow $ 45.00 75.00 150.00 150.00 225.00 225.00 "Al h1a g. patch birdbath, raise manhole cover per Harddrives letter of October 18, 1988 - 11215-11205-11145 $1,500.00 h. downspout extension - 11320 22.00 i. cut swale along blacktop - 11280 45.00 Total $2,437.00 The amounts held in escrow are 1 and 1/2 the estimated cost to affect the work, however the actual cost of any item of work may be less than the estimated cost. 4. Upon receipt of written notice of completion submitted by Russ Smith, the inspector approved by TSI of any or all such items, TSI shall disburse the respective amounts held in escrow for such item or items to Lowry Hill at the address herein stated or to such other party and/or address as Lowry Hill shall specifyin writing. Such notice shall not be unreasonably withheld, and neither party shall interfere with or attempt to influ- ence the inspector. Inspections shall be scheduled at the request of Lowry Hill. 5. TSI shall not be required to make disbursements more frequently than monthly. 6. If notice of completion according to paragraph 4 of all the listed items has not been received by TSI before the close of business on September 4, 1989, TSI shall deliv- er the undisbursed portion of the escrow funds to the Deerhaven Homeowners Association, Inc. (the "Associa- tion") at the address herein stated or to such other party and/or address specified in writing by the Associ- ation, said funds to then be accepted by the Association in lieu of performance by Lowry Hill. 7. No recission of this escrow or modification of items or terms shall be effective without the written consent of all of the undersigned and TSI. 8. The undersigned hereby hold TSI harmless from any claims or expenses arising out of this Escrow Agreement except for TSI's failure to account for payments made pursuant to these instructions. — 2 — CIM, DATED THIS '/ DAY OF MARCH, 1989. LOWRY HILL CONSTRUCTION CO. INC. By. ��I Bernard Barr, P esi ent 6150 Hemlock Lane Plymouth, MN 55442 DEERHAVEN HOMEOWNERS ASSOCIATION, INC. By: Its Pres' Addressr Notices: #�AAF ELT & EIDE, LTD. _ PTTORNEYS AT LAW Ran IMURNAY„�A t ncrorrer IMM Title Services, Inc., hereby acknowledges receipt of the funds specified in paragraph 1 above and agrees to act as Escrow Agent as above set forth. n -fit,. May DATED THIS -=--- DAY OF JQ9M, 1989 njp/2821-001EA TITLE SERVICES, INC. : BY Its Assistant Vice President - 3 - CIPS^ Llai` -. �, M CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 29, 1990 TO: James G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT: OAKWOOD ELEMENTARY SCHOOL STORAGE STRUCTURES Councilmember Vasiliou recently inquired about the status of accessory storage sheds that had been constructed northerly of the Oakwood Elementary School near the school district's maintenance building. I had this matter checked by my staff and find that no permits were issued for these storage sheds which, individually and based upon their size, would not necessarily require a building permit. There is a question of whether they represent an amendment to the school and maintenance services building conditional use permit(s). The City Council did approve a specific conditional use permit and site plan for the maintenance services building and that plan did not include these accessory structures. The Zoning Ordinance does provide for secondary uses customarily incident to permitted or conditional uses in the various zoning districts as accessory uses. These do appear to be accessory to the park and/or school uses of the area. I do not know however whether the storage sheds are properly located since we do not have the benefit of a site plan. The Zoning Ordinance would require buildings to have a minimum 50 foot setback from County Road 101. I understand that Park and Recreation Director Eric Blank will be addressing in more detail the nature of the buildings and their use. Please let me know if I can provide further information or service regarding this matter. (pl/bt/jw.11-29:jw) C&I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 29, 1990 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation 99 SUBJECT: STORAGE SHEDS - OAKWOOD PLAYFIELD Approximately six years ago, I was contacted by a representative from the Wayzata Baseball Association asking if the City had any space available for the storage of their equipment. I informed him that I didn't think so, but that I would check to see if there might be a facility of ours that could handle this need. As I recall, a couple of months after this conversation occurred, the first two storage sheds at Oakwood Playfield simply appeared on the site. At that time, I took no action to request the baseball association to remove the buildings. During the past six years, I have received no complaints about the facilities. This past spring, I was contacted by a representative of the soccer association inquiring about the possibility of a storage shed for their equipment. I did tell this association that I did not have a problem with them placing a facility immediately adjacent and north of the existing two facilities currently in place. The soccer association subsequently worked out a deal with the baseball association to buy one of their sheds allowing the baseball association to build a new, larger facility for their needs. The specific question that Frank has listed in the Council directives inquires whether I anticipate any future additions to these facilities. The answer is no, I do not expect that in any of our other park locations we would have additional athletic association storage. The New Hope -Plymouth Athletic Association has their own permanent block storage structure on park property in New Hope. These existing facilities I anticipate would take care of the current needs of the Wayzata baseball and soccer youth athletic associations. EB/np �tP� fto _ MEMO CITY OF`PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 0 DATE: November 28, 1990 TO: James G. Willis - City Manager FROM: Richard J. Carlquist - Public Safety Director SUBJECT: SNOWMOBILE CLUB MEETING I met with members of the Northwest Trails Snowmobile Club this past evening. I am not sure whether the coincidence of snow starting to accumulate on the ground at that time was a good or bad omen! In any event, we reviewed the snowmobile complaints from the past two years and discussed the locations of posting no snowmobiling signs. For your information, we had 14 snowmobile complaints last year, and 42 the previous year. The areas that I asked for special posting are: 1. The park and City property off 'of Northwest Boulevard near Scanticon; 2. Shiloh Park; and 3. The City park located in the Greentree West development, near 26th and Walnut Grove. Our procedures for following up on snowmobile complaints will be the same as in the past. Copies of all incident complaint reports will be mailed to Bob Ford. He will be responsible for coordinating any contact with either complainants or possible violators. Police officers, who observe violations and apprehend violators, will tag and tow! We will meet again in the 3rd week in January to review the results to date. RJC/sb CIM 0 3 - ' League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227.5600 (FAX: 221.0986) BUILDING FACT SHEET GROWTH: LMC has experienced substantial growth since moving into the LMC building in April, 1982. The greatest area of growth has been in the LMC Insurance trusts. Staff/Services Growth 1980 vs. 1990 60 50 40 30 20 LMC General Services ® LMCIT 10 Special Services LMC General Services /6 LMCIT 0.1 Special Services 6.5 Speew Services Include: Noise control TIF lechnical advice CDSG technical advice RCLLG 27.75 14.0 6.75 Speelst Services Include: TIF research Property tax rnodeliry CLEAR WAP PAurkipel Anima Program) MCLLG The LMC board of Directors has been working on the office space needs for over 2 years. Eighteen months ago, the board conducted an office space needs study. This study outlined 6 different options for solving the office space needs of the League. They are: Remodeling the current building, an addition to the existing building, sell existing building and construct a new building, sell building and purchase a larger existing building, lease space in a second location, and sell building and move entire operation to leased space. After considerable research, four of the options have been rejected for various reasons. The two remaining options, selling our building and construct a new building and construct an addition to our existing building appear the most viable. However, it appears that the addition is the favored option due to cost and timing. G14'i Nov 30 `40 H Staff are working in space as small as 36 sf.-Many offices are shared, work spaces are shared, work schedules are staggered , office is noisy due to the overcrowding, conference -space is overcrowded and we are limited to the number of meetings we can effectively schedule, parking is limited. It is hoped that financing of the addition/building will be from reserves, fund balances and other funds available. The board is not contemplating an additional building assessment to member cities. Addition to LMC building Michael Development/new bldg Addition of 20,000 gross s.f. Total with existing bldg: 38,020 s.f. Total usable s.f. 29,300 Current building is paid for. Value of current building: $1.4 Cost of addition: (est.)$2.1 More conference space 50 more parking spaces (total 101) Six affiliates interested in co -locating in LMC building Control our own destiny, on our time table. City of St. Paul will sell land.needed, east of bldg. Close to the Capitol 98,000 sf new building Located University and Rice LMC share, 36,000 sf Usable 30,000 s.f. Joint partnership arrangement Must sell our building for equity in new building. Need additional tenents in order to build. May purchase our building, if conditions are right. LMC cost of contruction: est.$3.5 100 structured parking spaces All contruction approvals from Capital Area Architectual Planning board. 1 block from Capitol C'M NILOV '7 0,'9Q .I FIT, I League of Minnesota Cities October 29, 1990 To: Mayors, Man4clers, From: Bob Benk C Re: LMC Office Space 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221.0986) Clerks President The League board wants to inform the membership concerning our continuing work on the question of office space needs at the League. We are also seeking members' views on this subject. The board will review this issue again at its November 14 meeting. Please contact a board member, staff member, or me with your views, or write to the League office. Why does the League need more space? We need more space to continue to provide high quality services to our members. Conference space and parking are in very short supply. Our staff is double-officed and jammed into very inefficient space. We have compressed office space even though the volume of files and materials have grown. We are, in short, bulging at the seams. We have tried to squeeze all the usable space out of our office building. We have economized by re -dividing, and subdividing offices, converted smaller conference space to office space, initiated a records management program, placed storage in the lunchroom, removed active files to storage areas, and we no longer lease space to private interests. More staff: One reason for needing more space is increased staff. Since 1980, our staff has more than doubled. We had 22 staff members in 1980 (full time equivalents). We now have 49. (See chart..) League staff growth has*been predominently in special service areas, particularly the League's pooled self-insurance program. This is due to the success of these programs. Cities rely on _= -I- U Mayors, Managers, and Clerks ' Page 3 October 29, 1990 City officials need parking at the League office. It would be nearly impossible for members to find off-site parking. The hospital ramp doesn't have space. Street parking is prohibited on University Avenue and parking on Jackson Street is very limited in time and space. And, the state has every available space of off-street parking under contract within three blocks of the Capitol. Whv is moving some staff unworkable? Sharing expertise: The League staff works as one unit. Each department uses staff expertise from several other departments. It is common to have attorneys from LMCIT consulting with research assistants about cities' concerns, or researchers talking with the legislative staff about issues. Our LMCIT administrator has a wealth of knowledge in areas other than insurance. Several departments are involved with consultations regarding investments and with administrative services. The League and LMCIT have studied the interconnectivity of the staff and found they use expertise and materials interchangably. Most important is the fact that all league services benefit from staff sharing experience and problems. Linked supervision affords all League programs economies. Sharing equipment/services: In addition to sharing staff expertise, we share the same computer system. All League research materials are indexed and searched on the system. Every department uses the data base. The research staff and LMCIT share the same law library and the research files are used extensively by both groups. Duplication of the research materials would be costly, probably $75,000. We also share a phone system and other office equipment and common administrative services. Duplication of these systems would be very expensive. Why is the League office so close to the Capitol? Proximity of the League office to the Capitol enables city officials visiting the Capitol to take advantage of the league's parking and staff assistance at the League. City officals often visit staff to be briefed before going to the Capitol to lobby. And, they can take care of other city business during the same trip. Although it is convenient for the staff to be close to the Capitol, it would not cause hardship if the office were further away. Being close to the Capitol gives the League visibility with the Legislature and state agencies. cirh ItQiE c' °-­­) Mayors, Managers, and Clerks Page 5 October 29, 1990 space. This building was also the owners decided that it was space instead of selling it. one block from the Capitol. But, to their advantage to lease the Options the League is still considering: The two remaining options are under consideration. Both have merit. Both would meet LMC needs. Option 1 is the addition to the current building. St. Paul has approved the sale of the land adjacent to the LMC building. We have studied the site. An architect conducted a feasibility study which is complete. the study indicates that the land is buildable. Option 2 is the building of a new building at the corner of of Rice Street and University Avenue. Michael Development Corporation is interested in a partnership arrangement to build a facility on that site. Each of these options would give the League about 30,000 usable square feet. This would be adequate for the future as well as current needs. It would provide space for affiliates wishing to co -locate with us. Several municipal groups have indicated an interest in having office space with the league. What will it cost? The LMC board is considering all possible funding options. While a financing plan hasn't been completed --and it is too early to present the details -- we hope that a combination of using building fund balances, borrowing, and perhaps, cooperative arrangements with LMCIT will be feasible. A 20,000 square foot addition to the present building will cost approximately $2 million. A final total cost would not be available until the project goes to bid. The initial -proposal from Michael is $4.1 million for 30,000 square feet at Rice and Univeresity Avenue, including 101 parking spaces. This would have to be offset by selling the current building. One of the problems with this proposal is the disposition of the current building. The real estate market in St. Paul is depressed and the League may not realize its total investment in the building if it is sold. I Z 1.P Staff/Services Growth 1980 vs. 1990 80 50 40 90 20 LMC General Services ® LMCIT 10 Special Services LMC General Services LMCIT Special Services 0 18 0.1 8.5 Special Services Include: Noise control TIF technical advice CDBG technical advice Personnel RCLLG 27.75 14.8 8.75 Special Services include: Personnel TIF research Property tax modeling CLEAR MAP (Municipal Amicus Program) RCLLG Of'?, NOV 3 0 'Mm NOTES FROM PLYMOUTH FORUM NOVEMBER 19, 1990 1. Brian Sykora, 4970 Ouinwood Lane, Mr. Sykora presented a petition to the City Council signed by 100 percent of the representatives in the Rosewood Lane area in Meadows of Bass Lake. They ask that Rosewood be established as a cul-de-sac and not a through street to proposed Schmidt Lake Road. Manager Willis stated that the staff would meet with representatives of the group to explore the possibility of moving Rosewood northerly in order that it might cul-de-sac. In order to do this, additional right-of-way will be required from property owners in this area since the temporary cul-de- sac as it presently exists is within the Schmidt Lake road right-of-way. The staff will meet with Mr. Sykora and other representatives to discuss options. 2. GregOlv, Plymouth police officer and speed skating instructor asked the City Council to install permanent lighting along Parkers Lake in order that speedskating practice may take place during the evening. The speedskating program is part of his D.A.R.E. efforts as well as promotion for speedskating in the community. It is important from a safety perspective to be able to see the cracks in the ice. He stated that most usage of the rink is at night. He presented the petition to the City Council with 125 names and introduced various participants present. He stated that the lighting would be needed three evenings per week. Eric Blank stated concern that the lights will shine towards the eastern shore of the lake towards the residents houses who have already expressed concern about the park. Director Blank is to work with Parkers Lake Homeowners Association and Greg Oly to determine whether a resolution can be proposed. Costs have to be included and the lights must be controlled independently in attempt to minimize the exposure and disruption such lighting might cause. The costs and proposed procedures are to be returned to the City Council for consideration. 3. John Davis, 11110 57th Avenue North, Deerhaven Homeowners Association, expressed concern that they need the City Council to help resolve various matters between them and the developer. Landscaping was improperly located on County Road 10 right-of-way, there is water in the underground heating ducts of some of the units, blacktop paved streets are breaking up after just one year, and there are numerous individual complaints. The developer has refused to hear these complaints further. They are consequently concerned that the Council should not positively act upon the Deer Pond proposal until these matters have been resolved. Mayor Bergman stated this item is on the agenda and that Mr. Davis would have the opportunity to address these matters to the developer. a 1F�, Il10l � C, 'C:n '• J =7C—/ NOTES - PLYMOUTH FORUM November 19, 1990 Page 2 4. Tish Callahan 15025 48th Avenue North, presented a petition to the City Council recommending that proposed Schmidt Lake Road east of Vicksburg Lane and west of Fernbrook be realigned northerly to a straight alignment. This would allow minimum destruction of mature trees, any problems with the wetlands, and would allow for a greater amount of buffer for landscaping purposes. She asked that the City conduct a feasibility study of the petitioner proposal and conduct a walking tour of the area. Finally, she asked that the City Council discuss this matter at a public meeting before any final alignment or installation of watermain or streets is completed. Councilmember Helliwell was appointed by Mayor Bergman as a liaison. Fred Moore was asked to arrange for the DNR and consulting engineer review the petition alignment. crIVI IVOV � �gO CITY OF PLYMOUTH PLANNING COMMISSION MINUTES NOVEMBER 14, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Plufka, Commissioners Wire, Pierce, Zylla, Tierney, Marofsky, and Stulberg. MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Planning Secretary Jackie Watson. *MTNUTFS Motion by Commissioner Marofsky, seconded by Commissioner Pierce to approve the minutes for October 24, 1990 with a change to the last paragraph on page 189, changing the words "storage area" to "overhead garage doors." Vote. 5 Ayes, Commissioners Wire and Tierney abstained. Chairman Plufka introduced the request of Orville and Joyce Miller for Rezoning, Preliminary Plat and Variance for "Kingsway Estates" located at the northeast corner of County Road 6 and Xanthus Lane. Coordinator Dillerud reviewed the October 25, 1990 Staff Report. Chairman Plufka introduced Mr. Greg Frank of McCombs, Frank, Roos representing the petitioners. Mr. Frank stated that the petitioners were only in favor of dedicating 25 feet of their property for a public Xanthus Lane. He said that the remainder of land required for a public road should come from the property owners to the west. Mr. Frank stated that he understood that the Miller property extends to the center of the existing private road, Xanthus Lane. MOTION TO APPROVE VOTE - MOTION CARRIED ORVILLE AND JOYCE MILLER (90081) r 31 Planning Commission Minutes; November 14, 1990 Page 196 Commissioner Marofsky asked where the closest fire hydrants are located. City Engineer Faulkner stated that the closest fire hydrant is located on County Road 6. City Engineer Faulkner stated that he thought there was a separate easement along Xanthus Lane that is 600 feet long. Mr. Frank stated that most of the property owners along Xanthus Lane are not interested in developing their property; are against having City sewer; and would not be able to develop their property without sewer. He said that many of the sites would not meet the standards for lot sizes if divided. He showed pictures of the area and discussed the loss of significant trees and privacy that would be destroyed if the public road were installed on the Xanthus Lane center line. He stated that it is a hardship for the petitioners to have to pay for the entire street adjacent to their property simply because they are the first to develop in this area. Mr. Frank discussed the access from the proposed lots and stated that in his discussion with the County, Lots 3 and 4 could have direct access onto County Road 6. He said Lots 1 and 2 would have access onto Xanthus Lane. Coordinator Dillerud stated that the letter he has from the County states that access from all four lots should be onto Xanthus Lane and not onto County Road 6, using a 90 degree east cul-de-sac from the Xanthus intersection with County Road 6. Chairman Plufka introduced Mrs. Joyce Miller of 18630 County Road 6, the petitioner. Mrs. Miller stated that she wanted to see Xanthus Lane remain as a private road. She said that the residents maintain the lane and that a 50 foot public road would destroy the aesthetics of the area. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Bill Griffith of the Larkin Hoffman law firm. Mr. Griffith stated that he was representing Gary Held, owner of the property to the north of the Miller site. He stated that there is currently a dispute over the property line between the two sites. He reported that the Helds are against the rezoning and higher density proposed for the area. He said that the Helds are concerned over the additional runoff that would occur if the Miller site were CIA, &IOV j n °?J Planning Commission Minutes =Z—'TD November 14, 1990 Page 197 developed, and they feel the alteration of the neighborhood would decrease the value of their property. Mr. Griffith stated that although the City staff viewed the FRD zoning as a holding zone, some cities do have "estate" zones, and, the City should leave it as FRD to preserve the "estate" quality of the neighborhood. Chairman Plufka stated that the City ordinance does not provide for estate zones. Chairman Plufka introduced Mr. Dale Ladwig of 18540 County Road 6. Mr. Ladwig stated that he is against the rezoning and any access from the Miller site onto County Road 6. Chairman Plufka introduced Mr. William Ogden. Mr. Ogden stated that his property notice received in the mail did not specifically state the plans to tranform Xanthus Lane into a public street and the division of the Miller site. He said he preferred to see the Miller site divided into two parcels rather than four so that the lots would be larger in size. Coordinator Dillerud stated that lot size in the R -1A District has remained at 18,500 square feet for at least the past 16 years. Commissioner Marofsky observed that the Miller site could be divided into as many as six or seven lots because of its size. Chairman Plufka introduced Mr. Dave Romness of 1520 Xanthus Lane. Mr. Romness stated that he wanted Xanthus Lane to remain a private road and that he was against the division of the Miller site. Chairman Plufka introduced Mr. George Steiner of 1520 Xanthus Lane. Mr. Steiner stated that he was against the rezoning of the Miller site; against Xanthus Lane becoming a public road; and in favor of only two lots being created if the division was approved. Chairman Plufka introduced Ms. Missy Staples Thompson of 1640 Xanthus Lane. Ms. Thompson stated that she was representing her mother who is the owner of the Staples site. She said that her Planning Commission Minutes .i"� 0 November 14, 1990 Page 198 mother was against the division of the Miller site and the change in Xanthus Lane to a public road. Commissioner Marofsky stated that existing easements that were granted to the Millers would continue in effect for all future property owners. Chairman Plufka introduced Mr. Orville Miller, the petitioner. Mr. Miller stated that he would like to see Xanthus Lane remain a private road so that the aesthetics of the neighborhood are not destroyed. He said he did not want to see egress from the new lots created through his existing driveway. Chairman Plufka read a letter received from Mr. Joseph Kaziny which stated he was against the division of the Miller site and the change in Xanthus Lane to a public road. Chairman Plufka closed the Public Hearing. Commissioner Wire questioned the procedure of creating a public road by normally going down the center of the existing road. Coordinator Dillerud stated that under normal circumstances this would be done. Chairman Plufka expressed his view that property owners have the right to divide their property. He stated that he felt Xanthus Lane should not be changed into a public road until all the neighbors are agreeable, and at that time half of the land needed for the road should be taken from the adjoining properties on each side. Commissioner Marofsky suggested that the portion of the Miller site needed for the public road be designated as an outlot in anticipation of the need in the future. Commissioner Tierney asked Mr. Miller to explain the history of his previous petition to rezone this site in 1987. Mr. Miller responded that in 1987 City sewer was not available to the site and the petition to divide the parcel into two lots with a septic system was denied. Commissioner Pierce asked for information regarding the extension from Lot 4 to the lake. Coordinator Dillerud stated that this extension was once proposed as an outlot providing access to the lake to all lots. Clhl NOV 3 0 'o^ Planning Commission Minutes b November 14, 1990 Page 199 MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval of the petition by Orville and Joyce Miller for Rezoning property from FRD (Future Restricted Development) to R -1A (Single Family Residential) located in Kingsway Estates at the northeast corner of County Road 6 and Xanthus Lane. Roll Call Vote. 7 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Wire to recommend approval of the Preliminary Plat and Variance for Orville and Joyce Miller. MOTION to Amend by Commissioner Marofsky, seconded by MOTION TO AMEND Commissioner Pierce to recommend that 1/2 the street right-of-way needed to construct a public road be designated as an outlot and tied to Lot 1 for tax purposes; and be available for future dedication, if needed, for the construction of Xanthus Lane, subject to terms acceptable to the City Attorney. Roll Call Vote. 6 Ayes, Commissioner Wire, Nay. VOTE - MOTION CARRIED Commissioner Wire stated that his nay vote reflected his disapproval of the single outlot designation. MOTION to Amend by Commissioner Marofsky, seconded by MOTION TO AMEND Commissioner Tierney to change the wording of Condition No. 9 of the October 25, 1990 Staff Report for the Approval of the Preliminary Plat and Subdivision Variances from "dedicate a half street right-of-way" in paragraph 1 to "access Lot 1 by a private street". Roll Call Vote. 7 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Commissioner Zylla stated that he favored staff's recommended denial of the request because he felt there was no hardship and his desire to preserve the existing character of the area. Chairman Plufka stated 'that staff's denial recommendation was based only on the request for a 50 foot right-of-way easement for the public road. Roll Call Vote. 6 Ayes, Commissioner Zylla, Nay. VOTE - MOTION CARRIED Chairman Plufka called a recess at 9:10. The meeting was reconvened at 9:18. Chairman Plufka introduced the request of Greenwalt GREENWALT DEVELOPMENT, Development, Inc. for a Conditional Use Permit to allow INC. (90085) automobile minor repair/service related the "The Wholesale Club" located at the northeast corner of Nathan Lane and 56th Avenue North. Planning Commission Minutes November 14, 1990 Page 200 Chairman Plufka stated that the original hearing for Greenwalt Development, Inc. for a Site Plan did not contain the Conditional Use Permit request. Chairman Plufka waived the review of the November 8, 1990 Staff Report. Chairman Plufka opened the Public Hearing. There being no one present to speak on the subject, Chairman Plufka closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Stulberg to defer the request by Greenwalt Development, Inc. for a Conditional Use Permit to a later date to be discussed at the same time as the request for the Site Plan. Roll Call Vote. 7 Ayes, MOTION carried. Chairman Plufka introduced the request of Marshall Masko for a Preliminary Plat, Final Plat and Rezoning for Masko Addition located at the north side of the 18400 Block of County Road 6. Chairman Plufka waived the review of the review of the October 25, 1990 Staff Report. Chairman Plufka introduced Mr. Greg Frank who represented the petitioner. Mr. Frank stated that he was in agreement with the October 25, 1990 Staff Report. Chairman Plufka opened the Public Hearing. There being no one present to speak on the issue, Chairman Plufka closed the Public Hearing. MOTION by Chairman Plufka, seconded by Commissioner Wire to recommend approval of the request by Marshall Masko for a Preliminary Plat, Final Plat and Rezoning for Masko Addition located at the north side of the 18400 Block of County Road 6 subject to the conditions of the October 25, 1990 Staff Report. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOTION TO DEFER VOTE - MOTION CARRIED MARSHALL MASKO (90097) MOTION TO APPROVE VOTE - MOTION CARRIED Chairman Plufka introduced the request of U.S. Homes U.S. HOMES CORP./THOMP- Corporation/Thompson Land Development Division for a RPUD SON LAND DEVELOPMENT Preliminary Plan/Plat, Conditional Use Permit and Rezoning (90028) for the "Mitchell -Pearson" property located at the southeast quadrant of the West City Limits and Medina Road. Clhi 4101' `s J Planning Commission Minutes A b November 14, 1990 Page 201 Commissioner Marofsky observed that the previous mass grading plan would have preserved 30 percent of the trees, while the current plan will preserve 59 percent of the trees. He asked how much additional loss of trees would occur when house plans were fixed. Coordinator Dillerud stated that approximately 45 percent of the trees will be preserved after the grading and house locations are fixed. Commissioner Wire questioned whether the cost to save trees is more expensive than grading the site and planting new trees. Mr. Greg Frank, representing the petitioner, stated that it is expensive to save existing trees, but saving good trees is worth the cost. Commissioner Zylla stated that if the lot sizes were held to the larger lot size in the R -1A zone, more trees could be saved. Mr. Bill Pritchard, the petitioner, stated that plans for the site include planting additional trees along Medina Road to improve the appearance of the development but these are not a requirement nor are they on the plans. Chairman Plufka introduced Ms. Pat Raskob of 2562 Holyname, Wayzata. Ms. Rascob stated that she was present to reinforce her previous concerns about the runoff from the development and to be reassured that runoff would not be any greater than it is at the present time. She also gave Chairman Plufka a copy of the Minnehaha Creek Watershed Permit stating that runoff could not be increased. City Engineer Faulkner stated that runoff leaving the site will be equal to or less than it currently is. Mr. Frank stated that three watershed districts are located on the site and they will comment once the preliminary plat is approved. Commissioner Pierce asked whether the City would be upgrading the flow and if there will be an impact. City Engineer Faulkner stated that the City is in the process of looking at compensatory storage for the runoff from the site. Commissioner Zylla stated that he felt there was a higher quality in developments in the LA -1 zone when developed as a conventional plat rather than as a PUD. Planning Commission Minutes November 14, 1990 Page 202 Mr. Frank responded that the attributes for PUDs provided more open space, ponding, private trails and amenities for the homeowners than a conventional plat. Coordinator Dillerud stated that the PUD attributes would be discussed at a future meeting. Commissioner Stulberg stated that he felt PUDs create consistent neighborhoods instead of spot developments. Chairman Plufka stated that one of the original intents of the PUD was to provide more affordable housing. Commissioner Pierce stated that the City may be too liberal with bonus points for the PUDs. MOTION by Commissioner Stulberg, seconded by Commissioner Wire to recommend approval of the request by U.S. Homes Corporation/Thompson Land Development Division for a RPUD Preliminary Plan/Plat, Conditional Use Permit and Rezoning for the "Mitchell -Pearson" property located at the southeast quadrant of the West City Limits and Medina Road subject to conditions listed in the November 6, 1990 Staff Report. Roll Call Vote. 6 Ayes, Commissioner Zylla, Nay. The Commissioners agreed to Government Training Service Developments as a group. attend the December 7, 1990 Workshop on Planned Unit The Planning Commission agreed unanimously to change the meeting dates in December to be December 5, and December 19. Chairman Plufka told the Commissioner that the next Wetlands Task Force meeting will be held on November 27, 1990 at 6:00 p.m. Coordinator Dillerud gave the Commissioners a status report on the Comprehensive Plan. Meeting adjourned at 10:10 p.m. Lr`ib MOTION TO APPROVE VOTE - MOTION CARRIED CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 Telephone 012/337-9300 CL IENT SUMMARY City of Plymouth November 15, 1990 3400 Plymouth Blvd.. Plymouth, MN 55447 FED. I. D. 41-1225694 ----------------------•---------------------------------------------- Matter Services Disb. Total 11 Prosecution Office Time 6,253.50 607.99 $6,861.49 112 Prosecution Court Time 4,151.00 96.30 $4,247.30 *24 Plat Opinions 1,785.00 20.04 $1,805.04 27 Metrolink 19.00 0.00 $19.00 29 HRA 152.00 0.50 $152.50 *31 General Labor Matters 586.50 3.20 $589.70 *32A General - Administration 3, 018. 50 36.55 $3,055.05 *32CD General - Community Development 1,725.50 73.84 $1,799.34 02F General - Finance 34.00 0.00 $34.00 *32PR General - Park and Recreation 161.50 4.80 $166.30 *32PS General - Public Safety 1,283.50 3.00 $1,286.50 *32PW General - Public Works 1,294.00 37.12 $1,331.62 37 County Road 6 Eminent Domain 275.50 0.50 $276.00 Project 250 42 Codification 47.50 84.25 $131.75 43 Claims - General 38.00 0.00 $38.00 45 v Begin (Cottonwood Plaza) 655.50 2 85 $658.35 50 10th Avenue Eminent Domain Project 9.50 0.00 $9.50 648 Si w I .arra R,nn i n 486. 50 P. 00 $486.50 elm NOV 3 0 ,, C L I E N T S U M M A R Y City of Plymouth November 15, 1990 3400 Plymouth Blvd. Plymouth, MN 55447 FED. I. D. 41-1225694 ------------------------- ---------------------------------- 55 Begin Nuisance Abatement and •465.50 12.80 $478.30 Assessment Appeal 65 Complaint Draft 1,690.00 0.00 $1,690.00 66 Roy O'Donnell and Robert Miller v 76.00 5.60 $81.60 City (Project 648) 71 Schmidt Lake Road Eminent Domain - 114.00 0.00 $114.00 Project 705 84 Plymouth v. Robert Lloyd - Pretrial 70.00 5.50 $75.50 Appeal 88 Harbor Lane Partnership Bankruptcy 28.50 0.00 $28.50 89 Hazardous Building 2725 Kirkwood 110.50 0.00 $110.50 Lane 92 City v. BWBR Architects, Inc. 2,607.75 41.62 $2,649.37 94 Drogue v. Wayzata Evangelical Free 4,876.00 445.41 $5,321.41 Church 95 v. Marcus Real Estate Development 335.00 92.45 $427.45 Corporation 97 McGraw Condemnation (Project 948) 85.50 0.00 $85.50 98 Northwest Truck Sewer Condemnation 161.50 4.45 $165.95 (Project 014) 99 Highway 101 Watermairt (Project 906) 76.00 0.00 $76.00 --------------------------------------- Clianl: PL1(*-0 Totals: 672. 75 $1,579.27 $34,:252".02) Client PL100 Total: $34,252.02 Retainer Credit 2,888.50 TOTAL $31,363.52 ►t h0V30,s�� S Q MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 27, 1990 TO Fred G. Moore, Director of Public Works F ROM: Daniel L. Faulkner, City Engineer SUBJECT: COUNTY ROAD 6 CONSTRUCTION STATUS CITY PROJECT NO. 829 The County's contractor, C.S. McCrossan, has begun to shut down his operation for the winter. The County has directed the contractor to remove a number of the orange barrels which have demarcated the edge of the traveled roadway. In addition, some of the temporary signage will be removed for the winter. This "thinning out" of signs and barrels should aid in snow removal throughout the winter. At the intersection of Vicksburg Lane and County Road 6, a northbound right turn lane has recently been opened which will improve traffic flow through the intersection. At the northeast quadrant of this intersection, the contractor will be placing jersey barriers around the radius of the corner and extend the barriers to the north approximately 100 feet. Due to the severe grade change from the existing to the proposed in this area, the jersey barrier should prevent any vehicles from dropping over the edge. In addition, traffic detection loops are to be cut in on Vicksburg Lane which should improve traffic flow through the intersection. The County did mention that residents along the north side of the roadway will now have a substantially longer driveway to get to the paved portion of County Road 6. This is a temporary situation for the winter until the north lanes can be completed. The question was asked if the City would be doing any snow plowing for these residents. I indicated that it is not the City's practice to plow private drives, and if problems arise, we will deal with them as best we can at that time. I have briefly talked to Tom Vetsch about this and he concurs. We also discussed installing the street name signs. There are a few permanent signs that can now be installed along the south side and I have requested that Tom install the other street name signs by placing them in sand filled barrels as he has done at the intersection of Weston Lane already. Tom will coordinate this with the County and the utility companies. In addition, the County has asked that I contact Greg Cook to see if there are any valves which need to be marked or located before the contractor pulls off site for the winter. By copy of this letter to Greg, I am requesting that he contact the County inspectors with any of his concerns. Within the next one or two weeks I will be setting up a meeting with Mark Peterson, myself and Dave Feltl to look at various items of concern with the SUBJECT: COUNTY ROAD 6 CONSTRUCTION STATUS CITY PROJECT NO. 829 November 27, 1990 Page Two pedestrian underpass. Some of the items we will be discussing will be drainage through the underpass, electrical conduit and painting of the interior of the box culvert. I also mention to the County that you will be sending them a letter requesting that a path be constructed from Juneau Lane to Fernbrook Lane along the south side of County Road 6. The indicated they feel the path could be built on the house side of the tree at the intersection of Juneau Lane. They had previously mentioned this possibility to the homeowner and feel that this could be accomplished within existing easements and with some modifications to the property owner's property. If we would like them to pursue this option we should indicate this in our letter to them. This is the status of the County Road 6 project at this time to the best of my knowledge. DLF:do cc: Greg Cook '1-e�1 v,17's6h CIM NODI 30'90 PLYMOUTH PLYMOUTH O ATTENTION SHOPPERS! r D/AL•A•AIDE DIAL•A•AIDE Beginning the day after Thanksgiving - Friday, November 23 through December 31, Plymouth Dial -A -Ride will extend its service hours from 6 p.m. to 10 p.m., Monday through Friday evenings to provide Plymouth residents with convenient, low-cost transportation to and from Ridgedale, and other shopping centers within Plymouth. To arrange for service, call 559-5057. GIM wiml 7 C, 'q0 2=1 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 30, 1990 TO: James G. Willis, City ager FROM: Charles E. Dil a Community Development Coordinator, through Blair Tremere, C nity Development Director SUBJECT: HENNEPIN CO Y WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION (89057) The City of Plymouth received 10 sets of plans on October 29, 1990, in response to our letters of August 24, 1990, and August 31, 1990. The Development Review Committee reviewed the revised plans on Wednesday, November 7, 1990, but did not yet have the benefit of comments from the City's engineering consultant. On November 13, 1990 the Development Review Committee again considered the revised plans --with the engineering comments available. On November 14, 1990 Hennepin County requested amendment to their Site Plan to add a classroom facility. A DRC Stage II letter has been sent to Hennepin County reviewing deficiencies remaining and also requesting plan revisions reflecting the classroom addition. There has been no response to that letter of November 20, 1990. Attachments: 1. DRC Stage II Letter of November 20, 1990 (cc/cd/89057:dl) CIM NOV 30'90 -a:.— \ Q—) November 20, 1990 Mr. Luther Nelson Hennepin County Solid Waste Division Suite 300 822 South Third Street Minneapolis, MN 55415 SUBJECT: SITE PLAN AND CONDITIONAL USE PERMIT - WASTE TRANSFER FACILITY (89057) Dear Mr. Nelson: This letter is written to forward review comments and observations submitted by the staff members at the November 7 and November 13, 1990, staff review committee meetings regarding the above referenced application. During the staff discussion of the application materials submitted, the following items were addressed: 1. As of November 7, 1990, the Engineering Division had not completed review comments concerning your latest set of plans for this project. Those comments were available by November 13, 1990, and are included here. 2. Your landscape plan should be revised to delete lines on the structure wall in the vicinity of the fire department connection. 3. Several of your plan sheets have not been altered to reflect the changes in Annapolis Lane and the access road to Annapolis Lane to be consistent with the Site Plan sheet. Specifically, the "proof of parking," signage, lighting, and grading plans have not been all changed to reflect modifications to the Site Plan. These modifications should be made so that the plan set is consistent throughout the various sheets. 4. None of the plan sheets show the revisions to Annapolis Lane. 5. Please specify whether the front entry at Annapolis Lane will have a gate provided. No reference is made on the plans to such a gate. 6. We have enclosed a copy of Plymouth fire department policy regarding the installation of underground fuel tanks. Please incorporate these standards on your plan sheets. 7. The fire inspector indicates that an additional fire hydrant is necessary at the southwest corner of the west parking lot. 8. The waste oil receiving facility has been moved to a different location on your latest plans. The fire inspector indicates that the receiving pipe cannot be located in an exit way, and containment should be specified at the location of the receiving pipe. CIM Nov : � 9. Please specify the containment capacity of the hazardous waste area. The entire area must have a 15 minute containment capacity based on the fire flow of the sprinkler heads in that,,,area. 10. The 950 contour on the driveway ramp coming out of the south side of the building does not appear correct. Further along this driveway near the entrance into the parking lot is another 950 contour. This implies no grade on the driveway. 11. There is inadequate cover on the storm sewer near the following catch basins: Catch Basin No. 2-0.8 feet; Catch Basin No. 3-0.8 feet; Catch Basin No 4-0.9 feet; Catch Basin No. 5-0.7 feet; Catch Basin No. 8-2.2 feet; Catch Basin No. 9-1.2 feet; and, Catch Basin No. 11-1.9 feet. At least 1.5 feet of cover shall be provided over the storm sewer pipe along with special provisions for bedding. 12. The grading, drainage, and utility plan and site plan shall be revised to show the widening of Annapolis Lane. 13. The existing flared end section for the storm sewer in the northwest quadrant of Annapolis Lane and County Road 6 does not appear to be necessary with the regrading of the waste transfer site. The grading plan/utility plan shall be revised to show how this will be eliminated if it is no longer necessary. 14. The construction plans for the widening of Annapolis Lane will require relocating existing storm sewer at the intersection of Annapolis Lane and County Road 6. The plan shall be reviewed to show the relocation of the storm sewer along with existing water main, which includes a gate valve within the intersection. Please indicate if Annapolis Lane can be widened to the east within the existing right-of-way, or will construction easements be required for the property to the east? 15. Show the construction limits on the east side of Annapolis Lane to include any driveway reconstruction. 16. I have enclosed updated sheets which are to be used in lieu of the ones now shown on your detail sheet C. 17. Please specify on your plan sheets a screening/painting of your roof top mechanical equipment consistent with the City of Plymouth's Zoning Ordinance. 18. This will acknowledge the November 14, 1990, letter of Janet D. Leick, Director of the Department of Environmental Management for Hennepin County, wherein a desire to add a classroom to the proposed transfer station was indicated. Your letter indicates that you will soon be submitting a revised Site Plan and Building Plan to reflect the addition of a classroom with the associated addition of parking spaces. That revised Site Plan and other plan sheets included within your application should incorporate the modifications and corrections noted above as well. CSM NOV 3 0'00 19. Please also amend your narrative statement in support of your Conditional Use Permit application to include reference to the proposed classroom facility and describe in detail the purpose and use of that portion of the transfer station facility. The purpose of this letter is to notify you of those review items identified during the staff review of the application materials. You should respond to the above review comments in written and/or graphic form as appropriate. Your earliest response in written and/or graphic form to the above points will permit us to continue processing the application for review by the Planning Commission. You should respond to all of the items. Once the additional and/or revised information is submitted, the staff members will in turn review the information to verify that all the items have been addressed. If any additional comments arise from that staff review, correspondence similar to this letter will be promptly forwarded to you. If you have questions relating to the above review comments, or if you feel a more detailed discussion (through a meeting with the staff members) is warranted, please feel free to contact our office at your earliest convenience. We anticipate working with you through the completion of the review process. Hopefully, this information will assist you. Sincerely, Azaz-x-�� C arles E. Dillerud Community Development Coordinator cc: File 89057 (dre/cd/89057:dl) oZ, CIM NQ:/ 0109 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 w MINNESOTA 1990 November 21, 1990 The Honorable Kim Bergman, Mayor City Hall 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mayor Bergman: The Minnesota Pollution Control Agency's Water Quality Division is completing a division -wide reorganization. We would like to take this opportunity to let you know how this reorganization will affect your community. • One of the key features of our reorganization is that there will now be four sections instead of three as we have had in the past. The sections are Municipal, Industrial, Nonpoint Source and Planning and Assessment. (A copy of our new organization chart is enclosed.) We have designed the new organization to focus on the issues we feel need to be addressed in the coming years. An important part of our vision of the future is a strengthening of partnerships with local units of government. For this to happen, you need a clear idea of who you should deal with to.resolve your problems. We think our new structure will help you get a better picture of how we can help. The Municipal Section will address all wastewater issues facing cities including technical assistance, permits, enforcement actions, financial assistance and operator training. This will allow us to better coordinate our service to you in these areas. In addition, units within the Municipal Section will be organized by geographical region. If your community is located in the MPCA's North Central or Northwest Regions, your permitting, enforcement and technical review activities will be conducted by staff in Compliance Unit #1. Communities in the MPCA's Southeast and Southwest Regions will be working with Compliance Unit #2. Compliance Unit #3 will handle these functions for the Northeast Region and the seven -county metropolitan area. As a result of these changes, you may have a different contact within the agency for some of these functions. If you have ongoing permitting or enforcement issues or construction projects, we will be getting in touch with.you within the next month by telephone or letter regarding any staff changes on your projects. If you have an active construction project, we will also be notifying your consultant. If any questions arise before we contact you, please call the person you have worked with previously. Sin e�ty, -�Sl/VV& Timothy K. Scherkenbach, Director Water Quality Division Enclosure Regional Offices: Duluth • Brainerd - Detroit Lakes • Marshall • Rochester CIM NIOV e C, `aQ Equal Opportunity Employer - Printed on Recycled Paper MPCA REGIONS Northwest Compliance Unit 1 -Northwest & North Central Regions Region Compliance Unit 2 -Southwest & Southeast Regions Compliance Unit 3 -Northeast Region & Seven County Metro Area KITTSON RosE�w 1 LAKE OF THE woaos MARSHALL DELTRAW ST LOUIS POLK PENNMLGTON KOOCHICNING LAKE COOK RED LAKE ITASCA cc NORMAN AViNOGO� 4 LASS CLAY SECKER AWKIN Northeast CARLTON Region OTTER TAIL WILKIN V PINE TODD MLLE AAORMSON LRCS v w GRANT DOUGLAS North Central STEVENS POPE STEARNS BEWM"Nin Region I SHERBURNE TONE SWIFT ANOKA MEEKER T lPPEYW p� � Svlvn Vounty � HEN �� CARR Metro Area YELLOW MEDIC NE R DAKOTA LYON SCOTT SIBI.EY z REDWOOO NICOl1ET RICE GOODHUE SLEUR WASASHA HURRAY BROWN YYVONVrMI BLUE EARTH w DODGE OLMSTED WINONA COTMN, WOOD m ROCK NOBLES VZKSON WARM FARISAULT J FREEBORN MOWER FLUAME HCUSMN Southwest Southeast Region Region C110 NOV C, `20 Z A O ro N C w m ry O C 1 E V tun rn y W N 5 O N .0 �o E E 3 E P: c O m E N V 0 W @ q7 94 0 gn M O en q to r m I W • .,4 V w O .0 V M Y 0 0 .14 a+ > M Y C O D a w to O O N 0 h en tn • I .4 v 'o u N e • ^ u ?1 •N+ E $ N O to > Y • a 7 N -A Q M . 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O C L M > N 7 O C 4 Id N •.c y q to O w • In .1 . v +1 ro a • C r C• C 4 C N O a ro • •.1 L. N N O NN ro Y 41 >1 Y •• N .. •.1 t ry • 4 ro >. N c v.1 - 0 4 .� O to t0 4 y x x - a 1 F • W 41 .1 r r •.1 4 C O N b. 7 a 0 N %o .1 N C > •4 .•1 O N > N M • S. L a I u w 7 N C N aT ro O 7 aT > 4 t0 W a1 ++ r b r O •a to U 'o e 0 a c a m `J N to X N u •.1 u Y C _ .4 •a ^ O • N 4 N W 3..•141 L1 .1 C O 1D O b 'O w a -- u a cim Nat 3 0 L. 0 aJ c1 N •.i 41 .4 O C L M > N 7 O C 4 •.c N D • > • •a a C• C 4 C N O a ro • •.1 M I NN 0 M Y •• C • �c •11 N • 4 ro co 5 a - rn N y N N N E ro N • W r .0 .1 r r Z 0 bl 0 C b. %o .r ro %0 C N %o M .•1 N M a r M.0 N .1 .•1 u iJ Y I Oani .rvt C C .Nc O .�•1 .N1 cim Nat 3 0 THE SUPREME COURT OF MINNESOTA 25 CONSTITUTION AVENUE SAINT PAUL, MINNESOTA 55155 CHAMBERS OF PETER S. POPOVICH CHIEF JUSTICE 16121 297-1012 November 21, 1990 Mr. James G. Willis Plymouth City Manager ' 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Minnesota Criminal Rules and Omnibus Hearings Dear Mr. Willis: The court received your recent communication relating your concerns regarding omnibus hearings. The Supreme Court Advisory Committee on Rules of Criminal Procedure has been reviewing the process and the written comments received. The Advisory Committee has now recommended a change in the rules. The omnibus hearing section of their report is attached. Chief Judge Levy of Hennepin County and Chief Judge Smith of Ramsey County have indicated their approval of the proposed change to the court and indicated this should take care of the problem. It appears that if the court adopts the proposal your concerns will be alleviated. Should you desire to comment further, your views will be appreciated.. PSP/aw Sincer ly yours, I f Peter S. Popovich ci�A RAE; �3b OMNIBUS HEARINGS The Advisory Committee originally proposed and subsequently continues to support timely Omnibus Hearings in large part 5 CIki I'CIJ i C= `90 1-Iz b because early resolution of motions provides for more efficient handling of criminal cases at subsequent stages. This includes suppression motions, evidentiary motions, and nonevidentiary motions such as motions to disclose the identity of an informant or to consolidate or sever trials or co-defendants. Early resolution of these motions also helps to focus the lawyers' attention on a smaller number of witnesses, including law enforcement officers and victims of crimes. When such motions are resolved early, uncertainty with respect to many significant issues in a case are removed. This early resolution of motions also permits timely and meaningful pretrial dispositional conferences at which time the parties can engage in significant plea agreement discussions. Setting a firm trial date and commencing a trial on that date are also important factors in minimizing delays. Firm trial dates.are most likely to be found in courts that achieve early resolution of pretrial motions. Achieving early resolution of pretrial motions requires the cooperation of the court, the local bar and law enforcement agencies. When courts take early control of criminal cases with meaningful pretrial events it benefits all people within the criminal justice system and serves the efficient administration of justice. These conclusions by the Committee are supported by recent studies and reports concerning the management and elimination of delays in criminal litigation. See Examining Court Delay: The Pace of Litigation in 26 Urban Trial Courts, 1987, the final report on a research project conducted by the 12 �Ih? 10V . -=-13 b National Center for State Courts by John Goerdt published on June 2, 1989; The Impact of Drug Cases on Case Processing In Urban Trial Courts, prepared by John A. Martin and John A. Goerdt for a seminar on "Managing Drug Related Cases in Urban Trial Courts" presented by the Institute for Court Management and the National Center for State Courts on July 17-18, 1989; and "Toward Better Management of Criminal Litigation", by Barry Mahoney and Dale Anne Sipes of the National Center for State Courts (1988) 72 Judicature 29. Amendments to Rules 8.04, 11.07, and 19.04, subd. 5 concerning the time limits and restrictions on bifurcation of the omnibus Hearing will become effective on January 1, 1991, pursuant to the Supreme Court's order of December 13, 1989. As indicated in our last report to the Court, the primary concern of the Committee in recommending these amendments was the delay and waste of judicial, law enforcement, and other resources caused in some districts by the large number of guilty pleas occurring on the day of trial. The Committee intended that the amendments would encourage the earlier settlement of cases so that this waste of resources and the emotional strain on private citizen witnesses would be minimized. In order to provide time to adapt to these amendments, particularly in Hennepin and Ramsey Counties, the Supreme Court accepted the Advisory Committee's recommendation to delay the effective date of the amendments for one year. During the past year the Committee has heard extensive testimony and reviewed 7 CINq NOV 7 r. '- thoroughly the numerous written comments submitted by the bench, bar, municipalities and other concerned persons regarding these amendments. From that review it appears that Hennepin and Ramsey County recently have made dramatic progress in disposing of criminal cases before the day of trial thereby serving the purpose about which this Committee was primarily concerned. The Committee is impressed by these efforts and believes that the procedures now being followed in Ramsey and Hennepin County are substantially in compliance with the Omnibus Hearing amendments scheduled to become effective on January 1, 1991. The Advisory Committee therefore recommends that the amendments to Rules 8.04, 11.07 and 19.04, subd. 5 become effective as ndw•.scheduled, but with some minor amendments as explained below. Many of the Judicial Districts, including the Second and Fourth Judicial Districts, already make widespread and effective use of pretrial dispositional conferences to resolve cases at the earliest possible time. If such resolution is not possible, the conference can be used to determine the nature of the case so that further hearings or trial can be scheduled as appropriate. The use of such dispositional conferences is commendable and under existing'Rule 11.04 should be considered as a part of the Omnibus Hearing. This is reflected in the comments to that rule which state that the rule "is broad enough to permit a pre-trial conference if the court considers it necessary." To further clarify this matter the Advisory Committee recommends that Rule 11.04 be amended by adding the following language -at the 8 elm CSN S 0 `07 =-13b beginning -of the first paragraph of that rule: "The Omnibus Hearing may include a pretrial dispositional conference,to determine whether the case can be resolved without scheduling it for trial." At any dispositional conference portion of an Omnibus Hearing it is permissible under the language of Rule 11.07, to become effective January 1, 1991, to continue the evidence suppression portion of the Omnibus Hearing until the day of trial if the court determines that resolution of the evidentiary issues would not dispose of the case. Such a continuance would be "for good cause related to the particular case" under Rule 11.07 and under that rule the court could enter an order continuing both the Omnibus Hearing and the Court's decision on -the evidentiary issues until the day of trial. Other grounds may also justify such a continuance and as long as the court finds that the good cause is related to the particular case the continuance is justified under the rule. Even absent good cause related to the particular case, the Committee believes that in the absence of a demand by the defendant it is no longer necessary to require that the Omnibus Hearing be held within 14 days of Lhe defendant's appearance before the Court under Rule 8 as is now required by Rule 8.04. This is particularly so in light of the option that now exists under Rule 5.03 to consolidate Rule 5 and Rule 8 appearances. When that is done, Rule 8.04(c) would still require that the Omnibus Hearing be held within 14 days of the combined appearance. Such a compression of the time limits is not 9 cm, NOV 3 0 190 Q` 10 necessary to assure timely progress of criminal cases. The Committee therefore recommends that Rule 8.04(c), as it is to become effective on January 1, 1991, be further amended as follows: "(c) The Omnibus Hearing provided for by Rule 11 shall be scheduled for a date not later than fourteen-�I+} twenty-eight (281 days after the defendant's initial appearance before the court under this rule. The court may extend such time for good cause related to the particular case upon motion of the prosecuting attorney or defendant or upon the court's initiative." With the additional time for the Omnibus Hearing set at 28 days, there is no need to have the 30 -day continuance provision in Rule 11.07 scheduled to become effective January 1, 1991. The Committee therefore recommends that this rule be..further amended as follows: "RULE 11.07. CONTINUANCES; DETERMINATION OF ISSUES Upon motion of the prosecuting attorney or the defendant or upon the court's initiative, the court may continue the hearing or any part thereof from time to time as may be necessary, --but itay-riot-earrt.inue-it beyond -3,6 -d&ya -after -the -defendant Ls -appearance-ttnd&r Rtrl-e-a-exeept for good cause related to the particular case. All issues presented at the Omnibus Hearing shall be determined within 30 days after the defendant's initial appearance under Rule 8 unless a later determination is required for good cause related to the particular case. When issues are determined, the court shall make appropriate findings in writing or orally on the record. The issues presented at the Omnibus Hearing shall be consolidated for hearing excebt as otherwise permitted by these rules." Additionally, the Committee suggests that trial courts insist on timely discovery by the parties before the date of the Omnibus Hearing as required by Rule 9.01, subd. 1. The Committee also strongly commends the practice, now in effect in some 0itr N94 3 t '^ 0 counties, of preparing the Sentencing Guidelines Worksheet prior to the Omnibus Hearing. 'This may be done in connection with a R pre-release investigation under Rule 6.02, subd. 3 and later may be included with any presentence investigation report required under Rule 27.03, subd. 1. The completion of discovery and preparation of the Sentencing Guidelines Worksheet before the Omnibus Hearing will help assure that.the pretrial dispositional conference portion of that hearing will be meaningful. The Advisory Committee recommends that the few suggested clarifying amendments to the rules contained in this report be acted upon immediately so that Rules 8.04, 11.07, and 19.04, subd. 5 with these further amendments may take effect on January 1, 1991, as previously ordered. Respectfully submitted, Frank Claybourne; Chairman Supreme urt AqVisory Committee on Rules of Criminal Procedure 11 CIM %!Oe' 7, 0'°0 Karen K. Eno 4630 Cottonwood bane North Plymouth, Minnesota 55442 Mr. James Willis, City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. Dear Mr. Willis, November 13, 1990 My name is Karen Eno, a parent educator for ayzata's program Early -Childhood Family Education (ECFE) District 284. The purpose of ECFE is to encourage, support, and strengthen the growth and the development of parents and their children. I have recently become aware of a program called OCT (Adults and Children Together). ACT's goal is to be a communicator to low-income people on resources available to them. I met with Kris Stapleton, coordinator of ACT and discussed the possibility of forming a joint venture between ACT and ECFE. ACT is presently in search of permanent space. When space is found, ECFE could offer classes to their clients on site. Ideally, they would like to rent an apartment in a low-income area so that they would be easily assessable to their clients. It would also finacially be the best solution. Ms. Stapleton has informed me that the city of Plymouth has zoning laws that would prevent this type of program from operating in an apartment setting. As I understand it, the primary issue is parking. However, the majority of the people served by this type of program would be within walking distance or would be using public transportation. I feel a program of ftis nature is of utmost importance to this sector of our community. Special efforts should be made to link ECFE with AT -Risk families within our community. Your cooperation and assistance in helping us attain a workable solution would be greatly appreciated. Sincerely, y XaAetV E,4'� Karen K. Eno cim Hall -- STATE OF MINNESOTA ETHICAL PRACTICES BOARD 625 NORTH ROBERT STREET, SUITE 102 ST. PAUL, MINNESOTA 55101-2520 PHONE: (612) 296.5148 DATE: November 20, 1990 TO: Frank Boyles, -Asst. City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 FROM: Mary Ann McCoy Executive Director SUBJECT: Notice of Withdrawing Rule } _ NOV 26 V_ During the comment period, September 4 through October 4, 1990, the Ethical Practices Board received 25 or more requests for a public hearing on the proposed rule relating to Economic Interest Disclosure (Minnesota Rules Chapter 4505), Lobbyist Registration and Reporting (Minnesota Rules Chapter 4510), and Conflicts of Interest (Minnesota Rules Chapter 4515). Due to budget restraints in Fiscal Year 1991, the Board voted to withdraw the rule cited above for lack of funding to hold a public hearing. I enclose a copy of the Notice of Withdrawing Rule published in the State Register on November 19, 1990, at page 1226. The Board members asked me to notify you about the Board action. If you have specific questions about the application of the 1990 law changes to your activities, the members asked me to invite you to submit your questions as advisory opinion requests in accordance with Minn. Stat. § 10A.02, subd. 12. In the meantime the Board and its staff look forward to the public meeting on Thursday, November 29, 1990, beginning at 9 a.m. in Room 10 of the State Office Building. I enclose copies of the information sent to you last month about -the meeting and selected amendments to the Ethics in Government Act that become effective January 1, 1991. If you have questions about this memorandum, the enclosures, or the advisory opinion procedures to which I refer, please call me at 296-1720 or 1-800-657-3889. �e enclosures (three) AN EQUAL OPPORTUNITY EMPLOYER Withdrawn Rules Ethical Practices Board In the Matter of the Proposed Adoption of the Rule Relating to Campaign Financing, Economic Interest Disclosure, Lobbyist Registration and Reporting, and Conflicts of Interest Notice of Withdrawing Rule NOTICE IS HEREBY GIVEN that the State Ethical Practices Board has withdrawn the proposed rule relating to Economic Interest Disclosure (Minnesota Rules Chapter 4505), Lobbyist Registration and Reporting (Minnesota Rules Chapter 4510), and Conflicts of Interest (Minnesota Rules Chapter 4515). This rule appeared at 15 S.R. 554, Tuesday 4 September 1990. The proposed rule relating to Campaign Financing (Minnesota Rules Chapter 4500) is not being withdrawn. Persons having questions about this matter may call or write Mary Ann McCoy at the Ethical Practices Board office, 625 N. Robert St., St. Paul, MN 55101-2520; telephone (612) 296-1720. Dated: 5 November 1990 Mary Ann McCoy, Executive Director PAGE 1226 State Register, Monday 19 November 1990 . (CITE 15 S.R. 1226) KCAL PRACTICES BOAM . 625 N. SP. . ST. WM, M 55101-2520 . (612) 296-5148 DoE: October 12, 1990 TO: Lobbyists and Associations Represented by Lobbyists Metropolitan Governmental Units Political Subdivisions Interested Public FRM: Mary Ann McCoy Executive Director Notice of Public Meetings - Thursday, November 29, 1990, about Law Changes effective: January 1, 1991 The Ethical Practices Board will hold meetings on November 29, 1990, in Room 10, State Office Building, 100 Constitution Avenue, in the Capitol CXanplex, St. Paul, as follows: 9 a.m. - 11:30 a.m. - Review of changes in the Lobbyist Registration and ReportiM Laws, enacted in Laws of 1990, Chapter 608, Articles 1 and 2, that become effective January 1, 1991; and 12:30 - 3:00 p.m. - Review of changes in the Eeonrmic Interest Disclosure and Potential Conflicts of Interest Disclosure Laws, enacted in Laws of 1990, Chapter 608, Articles 1 and 2, that become effective January 1, 1991. Each portion of the meeting will include information about changes in forms that are required to be filed under the several programs, laws governing disclosure, administrative rules of the Board, and a Question and Answer Forum. Attention Registered Lobbyists: The next Lobbyist Disbursement Report is due January 15, 1991, covering the period July 1 through December 31, 1990. The Board will mail report forms to each lobbyist on or about Deoember 26, 1990. The lobbyist report previously required on October 15 each year has been discontinued, beginning in 1990. Laws of 1990, Ch. 608, Art. 2, Sec. 7. ADDEND& Changes in the Lobbyist Disclosure Program beginning January 1, 1991 Changes in the Eoonomic Interest Disclosure Program beginning January 1, 1991 Changes in the Potential Conflicts of Interest Disclosure Program beginning January 1, 1991 To help the Board plan quantities of materials for distribution during the meetings, please complete the following registration form and send it to the Board office by October 31, 1990. There is no registration fee, and everyone is invited to attend any or all of the sessions on November 29, 1990! clip here clip here clip here -------clip here PUBLIC MEETINGS RDGISI'RATION FORM: I plan to attend the November 29, 1990, meeting at . Including myself, there will be in my party. (time) (# of people) Name Address Telephone { ) Representing: (name of association or governmental unit) Mail to: LuAnn Swanson, Office Manager, Ethical Practices Board, 625 N. Robert St., St. Paul, MN 55101-2520. GUM Nol 10 "'Nn KCAL pRACFICFS BOAM 625 N. Fae U Sr. Sr. PAM, M 55101-2520: .(612).296-5148 SELB= AMURNrS TO THE IOBBYIST DISCLOSURE PROVISIONS OF bIINNESOTA STATUIES CHAPTER 10A, beginning 1-1-91, based on Laws of 1990, ampter 608 changes in definition of wbn mist register as a hobbyist: _ - individual who seeks to influence the official action of a "metrwolitan goverrmental unit" and meets definition of "lobbyist" in section 10A.01, subd. 11, as amended; Each lobbyist registration'must show the kind of lobbying in which the lobbyist . effects to engage: legislative,' administrative, or official action of metropolitan ernmental units, including any combination thereof; Nonelected local official or employee of a political subdivision who spends more .. than 50 hours in any month, in seeking to influence legislative or administrative action or the official action of a metropolitan g unit. _ Changes in reporting lobbying activity: Individual or association sperding more than $500 in a calendar year to engage, compensate, or authorize expenditures by a lobbyist must report on March 15 each year the dollar category that represents total spending during the preceding calendar year on lobbying activity in Minnesota. Saone applies to an individual or association not included in the first condition that spends at least $50,000 in a calendar year to influence legislative or administrative action or the official action of metropolitan govertmental units in Minnesota. Lobbyists file reports on April 15 (for January 1 U=xlh March 31); July 15 (for April 1 through June 30); and January 15 (for July 1 through December 31) each year. Lobbyists must itemize gifts or items of benefit equal to $50 or more given or paid to local officials and public officials (state level) by the lobbyist, employer or principal of the lobbyist, or employee of lobbyist. Otter changes: candidates must not solicit ora contributions from 1 i.sts while legislativecoapt obbiy' the legislature is in session. The giving or the receiving of payments to a lobbyist that depend upon the eutacme of any legislative or administrative action or official action of a metropolitan goverrmental unit is prohibited. The Ethical Practices Board may randomly audit the financial records of lobbyists and principals required to report under section 10A.04. Additiorol definitions affecting the lobbyist disclosure Aga: 17*trcpolitan governmental unit" means any of the seven counties in the metropolitan area as defined in section 473.121, subd. 2, a regional railroad authority established by one or more of those canities, a city with a population of over 50,000 located in the seven -county metro area, the metropolitan council, a metropolitan agency as defined in section 473.121, subd. 5a, the Minnesota State High School League, and the Greater Minnesota Corporation. o "Local official" means a person who holds elective office in a political subdivision or who is appointed to or employed in a public position in a political subdivision in which the person has authority to mike, to recommend, or to vote on as a member of the governing body, major decisions regarding the expenditure or investment of public money. "Political subdivision" includes the metropolitan council, a metropolitan agency as defined in section 473.121, subd. 5a, a municipality as defined in section 471.345, subd. 1, the Minnesota State High School League, and the Greater Minnesota Corporation. For changes in Economic Interest and Conflicts of Interest Disclosure, see other side. 10/90 • 'kr._ SEG TID , ,�5 TO ` mpi3 C I' bIS Sl{ iS OF �9CfiA Q APZ' ICDF,, ginniri9 .1e1 -91y b� in. s off-°1990,�Q�ap er 7 -file 'w•i� -•j! j.j't." :.�%:. .�a.te. ..-• r��•��"y.;;:r tbanges in %bb Mist _. candidate.. . elective off ice, elected of f icf air; and ' oein aPPo' officials in a Met�olitan thin �Mwill need to filer3giinal and aiubual _ of , the Officials' political • tUbdivi.sich l+e�nentaYY stat ists with the bOdl':: bt1�eY eine tor rdefinitioh of tinder section 10A.09 at times .specified by -law "metitpolitan g unit". : ,. : sources of Statement includes i n i viduAll Is ovc��patiori, prar�cipal glade bf business, sensation of more than $50 in any month frcm . a business with whiL the individual is associated and the Mature of that essociatfea� {e.+g., u�iner,. Ynana'r in value tO $2,boo or. m6r6, Peal e ' in �k� than securities held equal. parill � racit� head equal in value 't6 m re t3�an $2,500, , intirests in a� in the United states ur C afiada; su�wlementarY St include €�kbC L 1t arxl source of h+oaioraril3m of ;rote than $100 received. since th6;p�ri( stat-ielft. Mari 10A.09 Any official who eminates or appoints a local bfficial re by to file a statt sof economic interest gustrlotfy the Ethical Practices Board of the name of the individual, the•date of the affidavit; petiticn,'bY muinaticn:" Governing body maintains the statements for public inspection. Staitment foams: .. Statements of 9bonMic Interest required by section 10A.09 must be on a forts prescribed by the Ethical Practices Board. SELBCM AMENDMENTS TO ZINE POTENTIAL OONF'LICTS OF INTEREST PROVISIONS OF •MWESU ' Sp,TUIES 10A, beginning 1-1_911 based on laws of 1990, Chapter 608 Changes in wbo nest f3je notice of Potential Oanflu;t of Interest: Local official in a Metropolitan • 1 Unit must prepare a written statemennt under section 10A.07 describing the nature of the Potential conflict of interest and deliver the notice to the local official's immediate superior, who must remove the local official fres taking the action presenting the potential conflict. If there is insufficient time to prepare a written statement, the local official may make an oral declaration about the matter to the immediate superior, who must remove -the local official from the action presenting the potential conflict. ' . Public official, as defined in section 10A•01, subd. 18, must follow the same steps outlined above and present the written statement, to the public official's immediate Dior, who must remove the public official from taking the action presenting the potential conflict.- The provision for an oral statement outlined above also applies to a public official. d Inability to be rem ed from potential cmiM ct of interest: Local official in a Metropolitan Governmental Unit who is not permitted or is otherwise unable to abstain frac action in connection with the matter must file a written statement describing the potential conflict and the action taken. The local official must file this statement with the governing body of the local official's political subdivision within a week of the action taken. permitted or is Public official, as defined in section 10A.01, subd. 18, who is not perm; otherwise unable to abstain from action in connection with the matter must file a written statement with the Ethical Practices Board within a week after the action describing the potential conflict and the action taken. The Ethical Practices Board prescribes forms for potential conflict of interest notices under section 10A.07. CIM NOV - G '90 November 20, 1990 Jon Elam 4 CITY OF City Administrator PLYMOUTR City of Maple Grove 9401 Fernbrook Avenue North Maple Grove, MN 55369 SUBJECT: DARE PROGRAM AT SUNNY HOLLOW ELEMENTARY SCHOOL Dear Jon: Plymouth, through its Public Safety Department, has been offering the Drug Awareness Resistance Education (DARE) Program in four elementary schools within the Wayzata and Robbinsdale School Districts. For 1991, the City Council proposes to broaden this effort to include the Osseo School District Sunny Hollow Elementary School which serves a significant number of Plymouth students. As you know, Sunny Hollow Elementary School is leased by the Osseo School District. Based upon figures provided by Bill Dix, the 1991 population of Sunny Hollow will consist of approximately 500 Plymouth students and 250 Maple Grove students. We estimate that the costs for extending the program to serve approximately 120 6th grade students at Sunny,. -Hollow will total $7,200. Of that amount, about $2,400 will be attributable to students residing in Maple Grove. To be truly effective, the DARE program must be a joint effort. We are asking that Maple Grove consider making a contribution toward this worthy effort to ensure that both Maple Grove and Plymouth students receive the information necessary for them to be better able to resist drugs and alcohol. I would be happy to discuss this subject further with you. My phone number is 5.50-5011. Sincerely, Jame G. Willis City anager JW:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Association of Medicine Lake Area Citizens November 12, 1990 Mr. Tom Sak Coordinator Eurasian Water Milfoil Program State of Minnesota Department of Natural Resources Box 25 500 Lafayette Road St. Paul, Minnesota 55155 Re: Eurasian Water Milfoil in Medicine Lake Dear Mr. Sak: I thank you for giving me the opportunity to speak with you on November 9, 1990 regarding our Lake Association's recent discovery and treatment of Eurasian water milf oil in Medicine Lake. As you know, we hired applicator, Lake Management, Inc. to apply the 2-4-D systemic herbicide to the infested areas of Medicine Lake last summer at a cost of $2,375.00. It is my understanding that the Minnesota Department of Natural Resources has agreed to pay $1,700.00 of that bill directly to Lake Management, Inc. I would like to accept, and thank you for, that generous offer. I will be approaching the cities of Medicine Lake and Plymouth, together with Hennepin Parks to discuss the possibility of dividing the remaining portion of that bill - $675.00 between them equally. It is my understanding that your department will be in further contact with me before next spring to discuss and develop a Eurasian water milfoil treatment program for next summer. 0144 N9V 3 0 90 Letter to Mr. Sak Page Two , Thank you very much. AMLAC CHAIRMAN Very truly yours, Bruce W. Larson 237 Peninsula Road Medicine Lake, Minnesota 55441 Work: 375-1550 BWL/wjr Home: 593-9530 cc: AMLAC's Board of Directors Mr. Don Pennings, Lake Management, Inc.. City of Plymouth, Mr. James G. Willis, City Manager Medicine Lake City Council Mr. John Barton, Hennepin Parks CIAtt fiat � C. M LAKE MANAGEMENT, INC. rI') 433.3283 1400 1851h Street With- Marine on St. Croix. MI 047 nn Aqualic Environment Con,ullmn. Cnntrnla o-mi—ii ialn, November 9, 1990 • Attn: Tom Sak Ecological Services Section Box 25, DNR Building 500 Lafayette Road St. Paul, MN 55155-4025 Date Protminnal Services Rnndrrrnd Balance EURASIAN WATERMILFOIL CONTROLS 6/25/90 2 acres @ $250.00/acre $ 500.00 8/28/90 5 acres @ $250.00/acre 1250.00 8/31/90 2.5 acres @ $250.00/acre 625.00 Balance due $2375.00 DNR portion of cost share $1700.00 ADAC portion of cost share 675.00 cc Bruce W. Larson THANK YOU 'hw, Check If, Yr.�n n^rr`ipl t AKE MANAGEMENT. Inc. (612)433-3283 Balcor Property Management, Inc. V& The Abnorabla Kim Bergman Ma yor. Ci t y Of PI ymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear hionorabl a Mayor and Members of the City Council. Ps a representative for Balcor Property Manaqement. which owns and manages Park Place Apartments. I would liAp to voice our opinion in regards to the proposed property tax increase. Each year it seems we are faced with a substantial increase in property taxes. Understanding the need of the City to generate revenue, please see that increases of this magnitude can also adversely affect the community. In 1989. 30% of the income generated at Park Place was paid to the City and County in forms of property taxes. It i G anticiapted that the percentage for 1959 will increase to 3571 Presently. we cannot sufficiently raise rents in a soft apartment market to cover these increases. This company takes pride in its real estate. Its coals are to maximize the value of the property. Faced with the current real estate market, the proposed tax increase, and the economic fopecast for 1991, this will not be possible. The question we are faced with is do we continue to operate this community at a defecit, or are we forced to move our business elsewhere. Is the City of Plymouth in the economic position to lase a major revenue source such as Park Place? work Place is the 7th largest apartment community in the Minneapolisl5t. Paul area. In actual people count, its numbers are upwards of 1,500. Please consider the amount of revenue that that number generates for the Ci t. y. That number is an .important factor not only in your tax base but your economic base. What incentive are you providing For these residents to build or purchase property in Plymouth? Park Place Apartments 14300 34th Avenue North Plymouth, Minnesota 55447 (612) 559.1332 CIM NUV 3 0 `on I seri uosl y urge you to review the proposed 1991 budget in hopes of finding 'alternative ways Of generating revenue and consider the ramifications of this proposed property tax increase. Thank you For your consideration of this matter. Sincere I y, _ -OKI S Lori Koester Property Manager Fal cor Property Management. Inc. tiov '115 0 '90 November 27, 1990 Marvin A. Black 18610 34th Ave N Plymouth, MN 55447 Dear Mr. Black: Z \3Jr,1- Mayor Bergman has forwarded your November 10 letter to me for follow-up. Your letter did not include a phone number where I can reach you, thus I have decided to send you this note. I would appreciate it if you would call me at 550-5131 to discuss your desire in volunteering with the Plymouth Park and Recreation Department. I'm sure there are many ways that an individual with your background and skills could help us out. Thank you for your interest. I look forward to hearing from you in the near future. Sincerely, &t,- e&< Eric J. Blank Director of Parks and Recreation EJB/np cc: City Manager Superintendent of Parks CIM NOV 3 0'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 �4- L \4 If NOVEMBER 27, 1990 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD. PLYMOUTH, MN 55447 DEAR COUNCIL MEMBERS, � 3J AS WE WERE UNABLE TO ATTEND THE MEETING CONCERNING PROPOSED PROPERTY TAX INCREASES, WE DECIDED TO WRITE THIS LETTER, IN ORDER TO EXPRESS OUR CONCERNS. WE CHOSE TO LIVE IN PLYMOUTH, AS WE BELIEVED IT TO BE AN ESTABLISHED COMMUNITY, THEREBY MAKING IT LESS SUBJECT TO LARGE INCREASES IN PROPERTY TAX LEVIES. WE BELIEVED THAT SCHOOLS AND ROADS WOULD ALREADY BE BUILT AND THERE WOULD NOT BE SUDDEN UPSURGES IN POPULATION REQUIRING ADDITIONAL COMMUNITY SERVICES, AT LEAST NOT IN THE AREA WHERE WE BOUGHT. APPARENTLY WE WERE MISTAKEN. OUR PROPERTY TAX HAS GONE UP STEADILY SINCE WE MOVED IN AND NOW ANOTHER, RATHER LARGE, HIKE IS BEING PROPOSED. WE LIVE IN AN ORDINARY SINGLE STOREY HOUSE. OUR TAXES WILL BE RIVALING THOSE OF FRIENDS WHO OWN LARGER TWO STORY HOUSES, ON ACREAGE. THE TAX INCREASES PROPOSED ARE DEFINITELY GIVING US THE IDEA OF MOVING. IF WE'RE PAYING COMPARABLE TAXES, WE MAY AS WELL BE LIVING IN THE NEWER, ROOMIER PLACE. WE ARE NOT ALONE IN CONSIDERING RE -LOCATING, NOT ONLY OUT OF PLYMOUTH OR HENNEPIN COUNTY, BUT OUT OF THE STATE, SIMPLY TO AVOID THE EXCESSIVE TAXATION AND TO ALLOW OURSELVES TO ENJOY MORE OF THE INCOME WE WORK HARD TO EARN. WE SUGGEST THAT RATHER THAN DRIVE AWAY YOUR WORKING CITIZENRY.' CONSIDER THE OLD SAW OF LIVING WITHIN YOUR MEANS. FREQUENTLY, WE HEAR TALK OF BALANCING VARIOUS GOVERNMENT BUDGETS, BUT INSTEAD OF PROGRAMS BEING CUT OR CHANGED, MORE MONEY IS BEING TAKEN FROM US WORKING PROPERTY OWNERS TO PAY FOR INCREASES. AT HOME, IF WE CANNOT AFFORD TO PAY FOR SOMETHING, WE DO NOT GET IT. WE DO NOT GO AROUND TO OUR NEIGHBORS AND TELL THEM THEY HAVE TO HELP PAY FOR IT. THE ANALOGY MAY BE SIMPLISTIC, BUT IT ALSO IS APPLICABLE. STOP MAKING US PAY FOR YOUR INABILITY TO CUT BACK AND LIVE WITHIN YOUR BUDGET. STOP LEVYING TAX INCREASES. START MAKING CHANGES TO CUT COSTS. START TO MAKE LIFE MORE LIVABLE FOR US, THE WORKING PROPERTY OWNERS IN YOUR COMMUNITY. THANK YOU. ROBERT J. BRENNAN NOSE 30'90 KATHARINE E. GREEN U0, U£ANwig . k H U3 C KG 3 0