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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
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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
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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.
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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)
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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
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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!
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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 .
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C KG 3 0