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HomeMy WebLinkAboutCouncil Information Memorandum 05-29-1992S I �- 1 • CITY OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM MAY 295 1992 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR JUNE: JUNE 1 7:00 P.M. COUNCIL MEETING Council Chambers JUNE 8 5:30 P.M. COUNCIL STUDY SESSION Council Conference Room Discussion of Deer Reduction Efforts -------------------------------------------------- JUNE 15 6:30 P.M. PLYMOUTH FORUM Council Chambers 7:00 P.M. COUNCIL MEETING Council Chambers -------------------------------------------------------- JUNE 22 7:00 P.M. JOINT PLYMOUTH/MAPLE GROVE COUNCIL STUDY MEETING Council Conference Room -------------------------------------------------------- 2. CUSTOMER SERVICE WEEK -- Monday, June 1- Friday, June 5. Customer Service Week will begin with employee kick-off events at 7:00 a.m. at the Public Works Garage and at 7:30 a.m. at the City Center on Monday, June 1. During the week, visitors to the City Center will be greeted and assisted by employees who have volunteered to serve as greeters for a one-hour time slot during the week. Visitors will be offered coffee, juice, and cookies. City maps, brochures, and informational pieces will be available. Members of the Customer Service Task Force will be giving a brief overview of our Customer Service Program and Customer Service Week at the Employee Kick- off Events and at the City Council meeting on June 1. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM May 29, 1992 Page 2 3. PLANNING COMMISSION -- Wednesday, June 3. The Planning Commission will meet in the City Council Chambers. This is a revised meeting date. The regular June 10 meeting was changed to June 3. Agenda attached. (M-3) 4. PRAC TOUR -- Wednesday, June 10. Attached is a memo form Eric Blank inviting the Council to attend the 1992 Park tour together with the members of PRAC` and the Planning Commission. If you plan to participate, please contact Nancy Pederson at 550-5130. A box supper will be served during the tour. (M-4) 5. MEETING CALENDARS -- City Center and City Council calendars for JUNE and JULY are attached. (M-5) FOR YOUR INFORMATION..... 1. REPORT OF COUNCILMEMBER TIERNEY ON CONFERENCE DEALING WITH HATE, DISCRIMINATION, BIGOTRY, RACISM, AND CRIME -- Attached is a memorandum from Councilmember Tierney regarding some of the comments she picked up at the May 18 meeting. Also attached are articles from the May 14 Star Tribune and May 27 Plymouth Sun Sailor dealing with the topic of racism and discrimination. Councilmember Tierney has left with us a copy of the report entitled, "Minnesota Governments: Human Rights and Diversity Survey." This report will be on file in my office, or if Councilmembers desire, we could make photocopies of it or obtain copies from the West Hennepin Human Services Planning Board. (I-1) 2. 1992 POPULATION ESTIMATES -- We have received the attached information from the Metropolitan Council as to their estimates of our population as of April 1,. 1991. Based upon their data and methodology, the City's population as of April 1, 1991 was 52,492, or an increase of 1,603 (3.2%) for the year. Based upon the same —methodology, it would be reasonable to project that our population would have increased by nearly an equivalent number as of April 1, 1992. I have, therefore, estimated that our population as of April 1, 1992 would have been in the range of about 54,000. Based upon housing starts this year, it is reasonable to forecast a similar increase by April 1, 1993... say 55,000. (I-2) 3. CITY OF PLYMOUTH VS. LARRY BEGIN -- Some years ago the City of Plymouth made an effort to clean up an auto salvage yard operated by Larry Begin. In order to accomplish this end, the City contracted with the firm to remove over 200 automobiles and related materials. This action was taken only after Mr. Begin had entered into a CITY COUNCIL INFORMATION MEMORANDUM May 29, 1992 Page 3 contract with the City to complete the work within a time limit and then failed to do so. City costs associated with cleaning the parcel amounted to over $36,022.04. Mr. Begin claimed that many of the vehicles which were taken from the property were "classics" and that the City should have obtained significant salvage value from each which would have paid the clean up costs. Mr. Paul Baertschi, then with the Holmes & Graven law firm, has handled this case since its inception. Attached is an order from Judge Patrick Fitzgerald which has three primary findings: 1. Mr. Begin is bound by the contractual obligations which he freely entered into. He is, therefore, required to once again clean up the site which has now been littered with construction debris and automobiles. He is required to take action within 90 days. 2. The Judge found the salvage value of the vehicles taken from the lot was approximately $35,215. Subtracting the total cost of the clean up, $36,022.04, from the value of the vehicles, Mr. Begin owes the City $897.04. 3. Mr. Begin is enjoined from operating a salvage yard and from making further deposits on the property. We will advise Mr. Begin of the City's intent to enforce the Court's ruling, which means that he must clean the property within 90 days or be in contempt of court. I am not optimistic. (I-3) 4. LIQUOR SERVER TRAINING -- At a recent Council study session, the topic of liquor server licensing was discussed. Councilmembers present concurred that it may be most appropriate for the City Council to consider requiring minimum training requirements for liquor servers,'rather than engaging in a full-fledged licensing program at this time. The staff was directed to survey surrounding communities to determine what standards, if any, they require for the training of liquor servers. The June 15 agenda will contain a report on this subject with recommendations for City Council action. 5. _HQLMES & GRAVEN BILLING -- A copy of the April billing is attached. (I-5) 6. MINUTES a. Plymouth Safety Committee, May 20, 1992. (I-6) CITY COUNCIL INFORMATION MEMORANDUM May 29, 1992 Page 4 7. FIRE CHIEF POSITION -- I have set in a motion the process of soliciting applications for a full time Fire Chief. We will be placing ads in appropriate professional journals in order to solicit applicants for this position. These applications will be solicited through August 17. This date has been selected because of the publication schedule of the various professional journals. 8. TRAIN WHISTLES AT STREET RAILROAD INTERSECTIONS -- Councilmembers may expect to receive calls from Plymouth residents encouraging the Council to consider prohibiting train whistles within the community. Apparently, a petition has been circulated by the two individuals who addressed the City Council at a recent Forum on this matter. The petition strongly encourages residents living adjacent to the Soo Line tracks to call councilmembers to encourage positive consideration of an ordinance prohibiting train whistles. Attached for Council information is a copy of the City Attorney's memorandum on this subject which was provided in an earlier information memorandum. From a call Mayor Bergman received, it appears entirely likely that a petition will be submitted to the City Council in July. The Council may also receive visit at the June 15 Forum opposing the petition from an individual who is a train engineer himself living adjacent to the tracks. (I-8) 9. "GILDED CAGES" -- The attached article discussing new jail and prison designs is from the May 25, 1992 issue of Time magazine. (I-9) 10. RESIDENT FEEDBACK FORMS: a. Staff responses to Resident Feedback Forms are attached. (I-10) 11. CITY EMPLOYEES: a. Letter from West Hennepin Human Services thanking Val Krisko for her assistance in working with the Energy Assistance Program. (I-11) 12. CORRESPONDENCE: a. Letter from Donald Rodningen, Sales Manager, Edina Realty to Minnesota Department of Transportation regarding realty signs on highway right-of-way. (I - 12a) b. Letter from Senator McGowan responding to the City Manager's letter regarding the water connection fee bill. (I -12b) CITY COUNCIL INFORMATION MEMORANDUM May 29, 1992 Page 5 c. Letter from Mayor Bergman responding to Greg Erickson, President, Promenade at Parkers Lake Condominium Association, regarding water billing fees policy. (I - 12c) d. Letter from Don Daraskevich to Frank Boyles regarding Plymouth Metrolink service between western Plymouth and downtown Minneapolis. (I -12d) e. Letter to Hennepin County Board of Commissioners 'from Councilmember Helliwell requesting to be considered for appointment to the Ash Utilization Advisory Committee. (I -12e) f. Letter to Maria Vasiliou from Cheryl Carter, 740 Ranchview Lane, with respect to the refunding of an escrow deposit to Hussman Investment Company. A letter responding to Ms. Carter from Dale Hahn is also attached. (I -12f) g. Letter from Karen Fox, Chelsea Mews Association, to Mayor Bergman, regarding the' completion of a trail extension from Steeplechase to Chelsea Mews. (I -12g) h. Letter from Larry Dowell, President, TwinWest Chamber of Commerce, thanking the City Manager for hosting the "State of the City Coffee Break." (I -12h) i. Transcript of voice mail message received from Arlene Johnson commenting on the proposed City Charter. (I - 12i) James G. Willis City Manager M- Q� MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 27, 1992 TO: All City Employees FROM: Customer Service Task Force SUBJECT: CUSTOMER SERVICE WEEK On Monday morning, June 1, all City Center employees are invited to have coffee, rolls and orange juice, at 7:30 a.m., in the lunchroom. Members of the Customer Service Task Force will be giving a brief overview of what will be happening during Customer Service Week. Attendance at this event is purely voluntary on everyone's part. If you need to make a shift change, please contact your immediate supervisor. If you have any questions, contact Eric Blank at ext. 5131. The Committee appreciates all the support you've given us to date, and we look forward to having a good Kickoff event with each of you on Monday. /np PLANNING COMMISSION MEETING AGENDA WEDNESDAY, JUNE 3, 1992 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center rn `3 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2.* CONSENT AGENDA 3.* APPROVAL OF MINUTES 4. PUBLIC HEARING A. Amendment to the Transportation Element of the Comprehensive Plan to remove the Minor Collector street designation on the Fernbrook Lane corridor between County Road 6 and Gleason Lake Drive. B. Werneke Company. Site Plan Amendment and Conditional Use Permit for outside storage at 15500 -28th Avenue North (91098) C. Graham Land Development Company. Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit and Rezoning for 38 single family lots located northwest of the intersection of Northwest Boulevard and 42nd Place North (92034) D. Lundgren Bros. Construction. Planned Unit Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit and Rezoning for 127 single.family lots located at the northeast corner of County Road 101 and County Road 24 (92035) E. Christ Memorial Lutheran Church. Site Plan and Conditional Use Permit Amendment, and Zoning Ordinance Variance to permit a temporary building on the parcel in addition to the existing church structure, located at 13501 Sunset Trail (92038) F. Quantum Development. Conditional Use Permit for a Private School located at 12325 State Highway 55 (92039) 5. OLD BUSINESS A. Goff Homes, Inc. Rezoning from FRD to R-4, Site Plan and Conditional Use Permit for 156 units of townhomes located at the west side of Xenium Lane at 37th Avenue North (92012) 6. OLD BUSINESS - DISCUSSION ITEMS A. Planned Unit Development 7. ADJOURNMENT M-L� MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 27, 1992 TO: PRAC, City Council, Planning Commission FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: 1992 PARK TOUR I am extending an invitation to each of you to attend the 1992 Park Tour, Wed., June 10. The bus will be leaving from city hall at 4:30 p.m. and returning at approximately 8:30. A box supper will be served during the tour. Please RSVP with my secretary, Nancy, at 550-5130, by Wednesday, June 3. The park tour is a fun and informative evening. I hope that you can attend. /np m-5 COUNCIL CALENDAR: JUNE 1 - 14 June 1992 June 1 7:30am **CHARTER COMMISSION SUBCMT 7:00pm COUNCIL MEETING June 2 June 3 7:00pm *PLANNING COMMISSION June 4 June 5 June 6 June 7 *Revised Meeting/Event **New Meeting/Event I DAY'. June 8 5:30pm **COUNCIL:STUDY SESSION,.:-:-...:.**,...,..*.,. 7:00pm CHARTER COMM. June 91 7:00pm BOARD OF ZONING ESDAY1 June 10 LMC Annual Conference - Radisson'So::Bloomington 7:30am FINANCIAL ADVISORY COMMITTEE 4:30pm **PRAC - Tour of Parks THURSDAY : June 11 LMC "Annual_ Confererice="Radissbri So. Bloomington 7:00pm PRAC FRIDAY June 12 LMC Annual Conference- = Radisson "So. Bloomington .,-'y - M T W T F S S" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5/29/1992 June M T W T F S S 1 2 3 4 5 6 7 8 9 W 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 *Revised Meeting/Event **New Meeting/Event I DAY'. June 8 5:30pm **COUNCIL:STUDY SESSION,.:-:-...:.**,...,..*.,. 7:00pm CHARTER COMM. June 91 7:00pm BOARD OF ZONING ESDAY1 June 10 LMC Annual Conference - Radisson'So::Bloomington 7:30am FINANCIAL ADVISORY COMMITTEE 4:30pm **PRAC - Tour of Parks THURSDAY : June 11 LMC "Annual_ Confererice="Radissbri So. Bloomington 7:00pm PRAC FRIDAY June 12 LMC Annual Conference- = Radisson "So. Bloomington .,-'y - M T W T F S S" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5/29/1992 m -s COUNCIL CALENDAR: JUNE 15 - 28 June 15 ;.MONDAY..: 6:30pm PLYMOUTH FORUM 7:00p 7:00pm COUNCIL MEETING Cd, June 16 6:30pm HRA 7:00pm WATER QUALITY COMMITTEE June 17 June 18 June 19 June 20 Summer begins June 21 *Revised Meeting/Event **New Meeting/Event Y_ June 22 PLYMOUTH/MAPLE GROVE EETING . SDAY 6:45pm PLAN FORUM 7:00pm PLAN COMM. THURS FRIDAY June M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 23 24 25 26 *Revised Meeting/Event **New Meeting/Event Y_ June 22 PLYMOUTH/MAPLE GROVE EETING . SDAY 6:45pm PLAN FORUM 7:00pm PLAN COMM. THURS FRIDAY June 231 June 241 June 251 June 261 5/29/1992 ..., M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 231 June 241 June 251 June 261 5/29/1992 M� COUNCIL CALENDAR: JUNE 29 - JULY 12 June -July 1992 ti June 29 MONDAY. July 6 June 30 July 71 July 1 IWEDNESDAY - July 8 MUSIC EV PLYMOUTH 7:30am FINANCIAL ADVISORY COMMITTEE 7:30pm PLANNING COMMISSION July 2 THURSDAY I July 9 11 7:00pm PRAC July M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event 5/29/1992 M T June W T F S'S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 July M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event 5/29/1992 62 P. N Zr N N N `O ":"::0 N N C7 N 01 tD N Cl) .- CO N N V N N C N N cn iA N C co c')NCto NM LL ^Q7 ANN H N 3 N�Np N cl)Cr �NC9 00 N ti r 4 co CD C.) 0 rN- Of LL to CIJ Cf Nto ICQ a :3 r. C\l 0) (D m 0 N cl) 00 LO N CIJ 01 r, V & CD Of Q LL C\l cc g: 9 co CIO N M T- C\l Or) :5 z u WZF. z Z�2 z z z Lij 0 <� z 1:4 < LU Sao 0 0 tno8u ",?: OD (n < u U t- Lf) T- C\l C\1 C\l 0 M 00 cn uj Z 0 N C6 C6 o 8 0 T- Ma u co T- C\1 C\l C) -Z u:z U AN, ct) 0 C) (n lx� 00 C\1 C\l 4 co CD C.) 0 rN- Of LL to CIJ Cf Nto ICQ a :3 C\l 0) (D m 0 N cl) 00 LO N CIJ 01 r, V & CD Of �s MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 21, 1992 TO: Mayor Bergman and City Councilmembers FROM: Councilmember Tierney SUBJECT: MONDAY, MAY 18, 1992 CONFERENCE ON HATE, DISCRIMINATION, BIGOTRY, RACISM, CRIMES: Tackling the Problem on the Front Lines ... Right Here in the Suburbs. The following are some of the remarks by the various presenters at the conference: Dale Woodbeck, Chair of the West Hennepin Human Services Planning Board. There are two facets of racism: institutional racism and personal racism. These "attitudes are no longer acceptable in a society that likes to call itself diverse." Mayor Tim Bergstedt, City of Minnetonka "The problem is in Minnetonka and suburbs not only in the inner city." "Continuing with the status quo just will not do." "Minnetonka has been actively addressing racism by: -offering diversity in housing stock in both affordability and housing mix. - being active member of the NAACP. - maintaining a full time office in Hopkins High School. "We do have to make a difference. We have no choice." Federico Pena, Former Mayor of Denver, Colorado, from his speech, "Tackling the Problem on the Front Lines; Building a Community that Values Diversity." Barbara Berman in introduction to Federico Pena said, accepting diversity will result in a "Stronger, healthier and happier community." J Conference on Hate, Discrimination, Bigotry, Racism =' May 21, 1992 Page 2 It is important to value diversity and enhance diversity because: -26% of U.S. population is now ethnic -45% of U.S. will be by 2080 if mid-range is met. -50% of U.S. population will be ethnic by 2050 if high range is met. -If you do not like diversity your only choice will be leave the country. What should our vision be about diversity? -"Look at diversity as you would a nugget of gold." (The engine is not now on all 8 cylinders, i.e. unemployment, alienation, etc.) -"Diversity unifies society." (ex. Collin Powell as joint chiefs of staff) -"No other nation has such an opportunity to understand diverse communities. what can we as individuals do to deal with the growing diversity and insure inclusiveness. - Economic inclusiveness. Every aspect of the city should reflect diversity within the community. - Economic empowerment. When banks were unprepared to make loans to minority businesses the city did it. When the new airport was needed and the new convention center was to be built, the city encouraged minority and women business to compete for contracts. -.Role of corporations - get more on boards. - Cultural boards - again see that minorities are represented. - In political involvement work toward fair reflection of community. - In education the dropout rate of minorities is too high. GOAL: Insure that we have a nation operating on all 8 cylinders. "Can't we just get along? Rodney King question. Conference on Hate, Discrimination, Bigotry, Racism 1 May 21, 1992 Page 3 Mike Freeman, Hennepin County Attorney• ° - 60% of Hennepin County Attorney office professionals are women. - "Want a Grand Jury that represents the society." - "Operate the kind of atmosphere where diversity can flourish." lii3?i��iftRk#!tA!�cil I`Hopes.of ism ahe:a*d.of an are still far ` ugly reality Rhoda Wilkins had hoped she wouldn't have to teach her grandchildren to carry receipts. Lt then, Wilkins also had hoped fat by 1992 she wouldn't have to sit on panels like the one she sat on Monday. But here she was, sitting on lpanel and talking about what it's ike to be black and living in O=nt, prosperous Bloomington, the panel was one part of a daylong conference on racism in the suburbs. 'the conference was sponsored by the )Vest Hennepin Human Service Planning Board, the Suburban Hennepin Anti -Racism Committee and the League of Minnesota Human Rights Commissions. At one point, an exasperated member of the audience got up and said, "It's fine to be here and talk, but how many of these panels have you been on? When will there be action?' The 45 -year-old Wilkins nodded her head empathetically. - '•`I can't tell you how many panels I've been on," she said. "For a while, I said, 'No more.' Sometimes it just doesn't seem to matter. But you can!t Iose hope." Later she talked of how her own hopes have raced ahead of realities. In the 1960s, she said, she was one of Aandful of black students at Jocksonville University in Jacksonville, Fla. She was treated 6taelly there. She seethed at the treatment and dreamed about going north, where she believed that things Would be better. T-hirtgen years ago she made the ��rreeaammjourney from Florida to fKinneapolis. The treatment she ieceivdd in our progressive mmunity was only different, not better. `I wasn't naive," she said. "I wasn't looking for a promised land, but•I Was hoping to find an open door. What I found was a different sort of racism. It's systematic and its condescending." Hoping for the best education possible for her kids and a more peaceful environment for her family, Doug Grow Wilkins moved from the city to the suburbs in 1985. Shortly after she moved to pleasant, prosperous Bloomington, she discovered again that she hadn't moved far from Jacksonville at all She was called "nigger" when she walked down the street. She had to wait a long time to be served in suburban restaurants. She noticed that she was watched more closely when she shopped in her neighborhood suburban stores than she'd been watched in city stores. Wilkins, who works with female prisoners for an organization called Perspective and who also is completing her first year of law school, started an organization called Community of Black Families in the Suburbs. "If you're black and living in the suburbs here, there is a tremendous feeling of isolation," she said. For two years she poured energy into her organization. She attended all sorts of conferences, sat on scores of panels. But she grew weary of the meetings, and without her energy her organization ceased.. But, she told the audience of government and school officials yesterday, because of recent events she will try to revive it. She also said it appears that she will have to teach her grandchildren to carry receipts, just as she was taught to carry receipts and just as she taught her children to carry receipts. In the eme of things, the recent mcident that discouraged Wilkins was small. But it was the fact that it was so typical, so much like something that might have happened two decades ago, that most pained her. A couple of weeks ago, three Bloomington cops came to her home -1 She had been accused of shoplifting case of baby formula from a drugstore that she has frequented for years. The finger of suspicion had been pointed at her by an assistant manager, a woman who had been on n friendly terms with Wilkins for years But stereotyping proved bigger than friendly relationship. The assistant manager had seen•a middle-aged, medium-sized black woman pick up the case of formpla. When the i assistant manager looked out the ro door, she saw Rhoda Wilkins, who is. Imiddled and medium-sized, get into her car. Even though the - j assistant manager knew Wilkins, she suddenly assumed the worst. She assumed that Wilkins was a shoplifter. She jotted down her license -plate number and called the . police. ' Wilkins confronted the assistant manager, telling her that she had "been guilty of the worst sort of ster4ping," The assistant manager, she , apologized, saying, "I just washinking." . The episode outraged her children, but it served to open the eyes of her youngest son, who is 14 and has been insulated from a lot of harsh realities that young black•men deal with. Because he's a good athlete, she said, he's been accepted by large numbers of white kids. But now he's entering a vulnerable age, she said. He's at an age when he'll be.watched suspiciously by police and storekeepers, many of whom will assume the worst because he's a young, black male. ' She said one of the little things that she's always taught her son is that whenever he goes out, he should carry receipts showing that the new clothes he Is wearing have been paid for. , "He always says, `Why should I have to do that? My friends don't,'" Wilkins said. "And I say, `Because:ads you are black.' I don't want the ., bar- message'to be, `Whites are bad.' I just want him to understand what he z ' has to deal with. For a tong time missed the message. But after thisr*; with the drugstore, he understoodr- *� He came to me and said, `Mom, I'll carry my receipts' Wilkins smiled ruefully. . I:,ow "rve got a grandson now," she sa:W UI "I refuse to give up hope..I do thi*q, things get better, but it's so slow. xro3I Pm afraid I'll have to teach my I -Ix) grandson to carry his receipts." 313.x, • 3,tT:: o -.10 r �li�_���a�'.._..iti •� :: �.'-..";. i�..i--T '-�'f:: •,S. , i,1'Yt;itp...�; �.�.., SL"'c� ��i..y�.ir��i.: i.�:-,•. -.�...',ay:: .i: - t v.,' • • '{� .t: - `!.. a''J`:�r .c Tom, 1. ,�_3.i,� a... a.. h't.^t? �.:" • . . re :pees vest=from:. F ' " rimination -occurs - .out here; =too disc :T :.. By Lisa Harden :� "Moving into the suburbs you on 'a reservatit01l' din" northern > ' ` ' want a better life, educational " Wisconsin: ^ SheRpas;oll ,! In the schools, in the shopping malls, on the streets and in their own homes, people of color face discrimination every, day. It's not just happening in the inner city. It's happening in the suburbs. The .places where, ironically, many people of color moved to take advantage of OP - 4 portunities and seek a better life. Suburban residents and students shared their perspec- fives during a conference on racism last week. opportunities, schools, jobs, . ' homes," said Rhonda Wilkins, a- around by shopkeepe A- . i . %: She •thought xliat> f her: . seven-year Bloomington: resi-: _ dent who is black."You want all.::Brooklyn-'Park..arid• children grew.up in suburbs like :. Coon..' the things other families want .:. Rapids, they wouldn't be judged. for their children." - by the color of -their skin. _. : - - But lurking behind the golden the lies., "Like many people, when my children'were. young I moved to facade of* suburbs.: hatred, -bigotry and racism. the subuibs and bought a house. Jacqueline Fraedrich con- with my - husband in order to fronted racism in the suburban raise my • children in what we be the school system. Fraedrich is no thought was going to stranger to discrimination. A American Dream." member of the Lake Superior Band of Chippewa, she grew up SUBURB: To page 6A ��#�flt��i?i3�t#EiE�??ili�)i�;��.i�r��zs�s�ai�+��;��?a!i►i��s�#t��x��l�:t���: .: � .. -- � .�.mir •off 4 �co a�., >,.8 a.c►. U e g g co 3 a� f w '~OrisMA��NNM.� � 3 ;J9 ar. '' N O � �•� w rry U ��� � �� •� ate, �� ab 8' m y„a y 1=00 .r7 Cd Cc I y.�ci r. .iV��11 � Jr CSO lrlJ•0 NJ H xco O �� x oil, 3a �,01•tg�� vim O x.��i moiI cv�)-1 E; c�3 cc a I me �i L7 q R•�^a �� JA 1C � c ,t' •"x "A •'00 [2VAU • .q.:.�. �,'d w+ • N ¢ �'" � � � a'b ~ � V1 � � •% ;b ,ta � I d •'i , i t ` _ it .t7 O y Rf a O O •0 q{ O � � Q� p �•� � y •1 w�. 'Cyd �i �fL 'i. p O Q� �• �' w' x ra .O ^6 'p •CS `� •�'• .G w •P •. �� � •� , '� , o � tCL co � � C � d c. � � �, c3 � yam, �.• '� •° cc All W gn 02 O O ai �' N �' y SI oyr. v .: '.i:'G �i• 3i 'O O� QpdA as m 0 co 6b 01 Sig . v 3 3� � ea v2 js .aa ca. S co � . W u cl W 4). cl ..L_ Q—� METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN 55101-1634 612 291-6359 FAX 612 291-6550 77Y 612 291-0904 May 22, 1992 TO. Local Government Key Contacts The Metropolitan Council staff has prepared preliminary April 1, 1991, population and household estimates for your community. These preliminary estimates, together with a fact sheet containing the data used to prepare your community's estimate, are enclosed These estimates are used by the Council to monitor population and household change in the Metropolitan Area communities and by the State Department of Revenue in their calculations of local government aids. If you have questions about the local aid formulas please address them to Rich Gardner, Minnesota Department of Revenue, 296-3315. The 1991 estimates are built on housing information from the 1990 Census. Because an accurate 1990 base is essential to our estimation process for this entire decade, we need your assistance in verifying the Census data shown on your fact sheet. We are interested in correcting any problems you are able to identify. We are particularly concerned about the accuracy of the count of mobile homes (manufactured housing) in areas outside of mobile home parks. The Council would like to hear your comments or concerns before finalizing the estimates for the State Department of Revenue at the end of June. To do this, we need your comments as soon as possible. Please contact Kathy Johnson (291-6332) or Michael Munson (291-6331) with comments. Written remarks may also be directed to Ms. Johnson. The population and household estimates are of great importance to the communities, as well as to the Council in its planning work. We want to provide estimates that are not only accurate, but that treat each municipality fairly and consistently. H you have any questions or concerns, please do not hesitate to call... Thank you for your prompt attention to this matter. Sincerely, 1-a4424*47t/ a Mary Anderson Chair Enclosures 1990 Census Persons per Household 2.72 1991 Persons per Household 2.71 All numbers as of April 1 of each year. * This total includes 77 units listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1991 population and household estimation, these units have been allocated to either the single or multiple family category. This was done based on number of persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. 1990 Census Households 18361' 1991 Household Estimate 19012 O � � ONE TIMA 1990 Census Total Population 50889 1990 Group Quarters Population 899 1990 Population in Households 49990 1991 Population Estimate 52492 i 1991 Group Quarters Population 994 1-1991 Population in Households 51498 1990 Census Persons per Household 2.72 1991 Persons per Household 2.71 All numbers as of April 1 of each year. * This total includes 77 units listed in "other" housing in the 1990 Census data. The Census defines these units as those not fitting the defined housing categories, such as houseboats, railroad cars, campers and vans. Since no information on "other" units is available between censuses, for purposes of 1991 population and household estimation, these units have been allocated to either the single or multiple family category. This was done based on number of persons per "other" household and the ratio of single-family to multifamily housing in the jurisdiction. MAY -19-92 TUE 15:17 STATE OF'MINNESOTA FOURTH JUDICIAL DISTRICT COURT PATRICK W FITZGERALO May 18, 1992 JI;OGE HENNEFIN COUNTY GOVERNMENT CENTER MINNEAPOLIS. MINNESOTA 554x7 16121 349- 4aA Donald A. Hillstrom, Esq. 822 Norwest Midland Building 401 Second Ave. so. Minneapolis, MN 55401 Paul D. Baertschi, Esq. 5500 Wayzata Boulevard, Suite 1025 Minneapolis, MN 55416 RE: City of Plymouth vs. Larry Begin Court File CT 89-16909 Counsel: x P.02 -=�3 V 41% 1992 Enclosed herewith please find a photocopy of the executed Findings of Fact, Conclusions of Law and Order for Judgment relative to the above -entitled matter. Please be advised that the original has been filed with the Office of the District Court Administrator on today's date. Very truly yours, __ �/ a. el -14 41;Y—n-e- �/ I Patrick W. Fitzgerald District Judge PWF / j n Enclosure c MAY -19-92 TUE 15:17 P. 03 M-3 STATE OF MINNESOTA + �• . aDISTRICT COURT COUNTY OF HENNEPIN_ FOURTH JUDICIAL DISTRICT --------------------- -------------------------- City of Plymouth, a Minnesota Case File No. CT 89-16909 Municipal Corpora tiQxL-h:4 C„ �t'URj ADA" f f' FINDINgS OF FACT, _ _,CONCLUSIONS OF LAW, Larry Begin, AND ORDER FOR JUDGMENT Defendant. ------------------------------------------------------------ The above -entitled matter came on for trial before the undersigned, Judge of District Court, on June 19, 1991, January 3, 1992, and January 6, 1992. Paul D. Baertschi, Esq., appeared on behalf of Plaintiff. Donald A. Hillstrom, Esq., appeared on behalf of Defendant. Upon all the files, records and proceedings herein, the Court makes the following: FINDINGS OF FACT 1. That the city of Plymouth is a municipal corporation organized and existing under the laws of the State of Minnesota. 2. That Defendant has operated an automobile salvage yard located at 4300 Fernbrook Lane in the City of Plymouth since at least 1963. 3. That on July 20, 1987, the Plymouth City Council adopted Resolution No. 87-476 requiring the abatement of a nuisance at the aforesaid location by cleaning up the MAY -19-92 TUE 15:17 i P. 043 property. That junkyards have been prohibited in the City of Plymouth, other than in industrial districts, since 1949. 4. That on July 27, 1987, the Parties entered into a contract whereby the salvage yard would be cleaned up. That both Parties were represented by counsel at the time the contract was entered into. 5. That the Parties clearly understood that the intent and the scope of the contract covered the entire salvage yard as located on parcels 15-118-22-22-0006 and 15-118-22- 22-0002, hereinafter referred to as parcels 6 and 2 respectively. 6. That both Parties treated the parcels as one contiguous parcel. 7. That Defendant obtained an ownership interest in both parcels in one contract -for -deed, and obtained fee ownership of parcel 2 in a separate quit -claim deed filed on January 27, 1988. 8. That a hand -drawn map dated August 27, 1987, and introduced at trial as Exhibit 7, depicts both parcels 6 and 2. That the'map and an inventory dated August 27, 1987, introduced at trial as Exhibit 8, were completed pursuant to paragraph 2 of the contract, which required an inventory of the materials to be cleaned up. That Defendant admitted receiving a copy of the map shortly after it was prepared. That Defendant admitted on a videotape introduced into evidence at trial that the number of acres "out there" MAY -19-92 TUE 15 18 P. 05; 3 consisted of 12.5 acres, which corresponds to the total acreage of parcels 6 and 2. 9. That the contract clearly delineates the procedures to be followed by the Defendant to designate and protect "classic vehicles". 10. That Defendant failed to so designate and protect said vehicles. 11. That the aforesaid contract is valid and binding on the Parties. 12. That Defendant breached the contract by failing to abide by the clean-up schedule. That Defendant had ample notice and ample time to abide by the contractual requirements for clean-up. Also, that an "act of God" defense was contractually waived by Defendant. 13. That Defendant failed to raise the issue of the scope of the contract and have the Court rule on it in Hennepin County District Court File No. 88-4146. That Defendant is deemed to have waived said issue. 14. That the Plaintiff expended $36,022.04 in connection with the clean-up costs for the property. That this figure represents thene t cost to Plaintiff, which is the gross cost of the clean-up less the amount received for the material when it was sold on a "for scrap" basis. That Plaintiff claims the fair value of the material removed from the subject property was that amount received on a "for scrap" basis. MAY -19-92 TUE 15:18 P.063 15. That Defendant introduced evidence, in the form of testimony at trial, that he suffered damages due to "illegal and wrongful acts by the Plaintiff" in the amount of $212,077.36. That this amount represents Defendant's assessment of the fair value of the material Plaintiff removed from Defendant's property. 16. That Plaintiff had the duty to Defendant to obtain fair value, reasonable under the circumstances, for the subject material. 17. That the.reasonable and fair value of the subject material, under the subject circumstances, over and above the "scrap value" obtained by Plaintiff, is $35,125.00. 18. That Parcels 6 and 2 are in a district zoned for future restricted development. 19. That Defendant deposited thousands of cubic yards of fill material on parcels 6 and 2 without a permit. CONCLUSIONS OP LAW 1. That Defendant has violated Plymouth City Code, Subsection 600.03, by the deposit of rubbish on the premises. 2. That Defendant has violated S 7000, Subdivsion C, of the Plymouth Zoning Ordinance by the operation of a junkyard in a district zoned for future restricted development. MAY -19-92 TUE 15 18 P. 07 M�3 . 3. That Defendant has violated § 12, Subdivsion B, of the Plymouth Zoning Ordinance by operating a junkyard as a non -conforming use for more than one year after the effective date of the Plymouth Zoning Ordinance. 4. That Defendant has violated Minnesota Statutes, §561.01 and Plymouth City Code §2010.01, subparagraph B, by his activities on the premises, which activities constitute a nuisance under those provisions. 5. That Defendant has violated the Plymouth City Zoning Ordinance, §7, Subd. C, No. 32, by engaging in "land reclamation's activity without a conditional -use permit. 6. That Defendant has violated §7003 of the Uniform Building Code, adopted into the Plymouth City Code in §400, by conducting grading activities in excess of 50 cubic yards without a permit. 7. That Defendant has violated §7010(d) of the Uniform Building Code, incorporated by reference by City Code §400, by depositing detrimental fill on the property. 8. That Defendant has breached the terms and conditions o -f his contract with Plaintiff, dated July 27, 1987. 9. That Plaintiff properly entered the subject premises, Parcels 6 and 2, and properly removed the subject material. 10. That Plaintiff breached its duty to Defendant to obtain a fair value, reasonable under the circumstances, for certain items removed from the subject property. MAY -19-92 TUE 15:19 P. 08M - 11. 8M 11. That Defendant owes Plaintiff $897.04, which is the reasonable value of $35,125 subtracted from Plaintiff's removal costs of $36,022.04. ODER FOR JUDGMENT 1. That Defendant is permanently enjoined from operating an automobile salvage yard, junkyard, dump, or any similar or related activities on the subject property. 2. That Defendant is permanently enjoined from depositing scrap or waste items on the subject property, other than the lawful depositing of such items in a licensed landfill or salvage yard. 3. That Defendant shall, within 90 days hereof, remove all vehicles, scrap items, and debris from the property under his control or used by him in the City of Plymouth. 4. That judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $897.04. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: By the Court: at -rick W. Fitz d Judge of the District Court HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 5510£ Telepbone 012/337-9300 S_ NiAY 21 , Jw- City of Plymout);CITY ,iay 3400 f 1 Umouth B l v Ll - O�f'LiiritJ jit . Plymouth, MN 5544: IG' FED. i. ii. 41-1225694 Matter Services Lisb. Total 29 HRA 1155.00 0 00 $155 _ 0 32A general - Administration 93. 00 0.00 $93.00 '='Gw I eneral - Public Wo -vs 43 C 8 00 $51 :.`0 3' County Road 6 Eminer,, 370. O 100 335-C-. �*_'0 Project 250 53 Cartway Land Reoi=_tT'ati.r-, 102.0' 0 80 $102.80 98 Northwest Truck Sewer C:3n,deminatior. 115.00 96. 18 $211. 18 (Project 014) 107 Library Acquisition Pro_ect 103 770.00 110.80 $8+30. 80 112 Charter Commission 3.000 00 269 88 $3,269.66 119 Bond (Redemptions 0.0Cl 24.00 $24.00- 122 Thompson versus City of Plyinouth 150.00 0.00 $150.00 125 Ella Appeal 0.00 42.87- $42. 87 - 'Client PL100-otals: S4,778.00 $466.79 $5,244.79 :L - PLYMOUTH SAFETY COMMITTEE MAY 20, 1992 PRESENT: Jack Tabery, Jan Wendland, Dan Heitke, Gordy Simons, Scott Streacheck, Tim Ficek, Russ Elzy, Joel Franz, Stan Scofield, Bob Pemberton ALSO PRESENT: Dave Volker, Berkley Administrators, Judy McMillin I. OLD BUSINESS A. Approval of Minutes. The committee approved the April 15, 1992 minutes as submitted. B. Report on Safety Activities 1. Confined Space Entry Meeting -- Bob Pemberton advised a Confined Space Entry Procedure and respirator training meeting for Sewer and Water employees will be held Wednesday, May 21. 2. LMCIT Safety & Loss Control Workshops -- Bob Pemberton asked for feedback from committee members attending the League of Minnesota Cities Insurance Trust Safety and Loss Control workshops. Committee members indicated the workshops were very informative. 3. CSO & Street Employee Training -- No further action had been taken on the training session for CSO's and Street employees on the proper procedure for lifting and carrying dead animals from roadways, ditches, etc. Bob Pemberton will follow up with Dennis Paulson and report back to the committee. 4. Guidelines relating to unattended vehicles left i lin -- Bob Pemberton stated that guidelines relating to this issue can be found in the Safety Manual in the Equipment Vehicle Operation Policy. The policy will be reemphasized to City employees. 5. Bloodborne pathogen rule -- Bob Pemberton advised that compliance with OSHA's Bloodborne Pathogen Rule by the Fire Department will be completed by the September 30, 1992 effective date. Bob indicated the next step in the process will be to develop a program for recreational employees (lifeguards, tot lot leaders, etc.) who could be exposed to Hepatitis B or HIV as a result of performing their job duties. PLYMOUTH SAFETY COMMITTEE MAY 20, 1992 PAGE 2 6. Status of policy dealing with handling/disposal of barrels containing unknown substances -- Bob Pemberton reported that no progress had been made on this matter. Bob Hebzynski advised that persons are still dropping off containers at the Public Works site. Bob _Pemberton stated, that he would contact Twin City Testing to investigate the contents of the 55 -gallon drum presently stored at the Public Works garage. Arrangements will then be made to dispose of the drum. Bob Pemberton will report at the. June meeting on the status of the policy. C. Review of Preventable -Nonpreventable Accident Guidelines -- 'Bob Pemberton asked committee members for additional comment or recommendation on revising the City's Accident Review Guidelines. Jack Tabery recommended the committee adopt the National Safety Council guidelines for reviewing vehicular accidents. Jack stated that the accident determination criteria in the National guidelines are more delineated than in the City's guidelines and as such, would allow the Committee to consistently apply accident review standards. Joel Franz stated that he believed the National guidelines to be too rigid in that they do not take into account the various driving conditions some City employees are required to do as part of their job responsibilities, e.g. pursuit driving, snowplowing, off -the -road driving conditions. Jack then suggested the committee consider incorportating portions of the National guidelines into the City guidelines. Dan Heitke asked that a Third Party definition should be also incorporated in the City guidelines. Bob Pemberton and Jack Tabery agreed to meet and prepare draft revisions to the City guidelines for committee consideration at the June meeting. II. ACCIDENT REVIEW The committee approved the consent agenda. One personal injury accident was determined nonpreventable. A report and recommendation will be forwarded to the City Manager. B. Committee Accident Review 1. Vehicular Accident -- The committee reviewed one vehicular accident. The accident was determined -preventable. A report and recommendation will be forwarded to the City Manager. PLYMOUTH SAFETY COMMITTEE MAY 20, 1992 PAGE 3 III. NEW BUSINESS M LP A. Insurance Claims Report -- The committee reviewed the April 14, 1992 Claims Status report. B. Vehicle Tagging Program -- Bob Pemberton advised that in conjunction with the Equipment and Vehicle Operation Policy, tags are now available for employees to complete when discovering damage or inoperable systems on city vehicles and/or equipment. He stated that once a vehicle or piece of equipment is tagged, the vehicle/equipment will be placed out of service until a city mechanic repairs the problem and determines the vehicle/equipment is safe to place it back into service. Bob will be working with Jim Kolstad to prepare guidelines for the program. c. Annual Parks Inspection - The annual Parks safety inspection will be conducted Friday, May 22, 1992. IV. OTHER BUSINESS Scott Streacheck advised that signage is not installed at all City parks advising of closing times and alcohol consumption prohibitions. Dan Heitke and Gordy Simons stated that all city parks already have signs installed with this information at the most con Scott advised that the parking does not contain signage, and tY. the playfield area itself, to sq problem if the person does not remains in the parking area. parking area also be posted. Dar and report back to the committee. mon entrance to each park. Lot for Zachary Playfield at a person must walk into :e the signage. This is a enter the playfield and Scott recommended that the and Gordy will investigate Bob Hebzynski advised of the availability of a back brace belt that can be used for lifting and recommended the city purchase one or two of the belts for employees to try. Dave Volker stated the belts do not assist a person in lifting, but rather force the wearer to lift items in a proper position. gob Pemberton stated he would order two belts for employees to test. The meeting adjourned at 8:20 a.m. BEST & FLANAGAN ATTORNEYS AT LA -%v 0500 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS, �,I-N 55402-2113 TELEPHONE 1612! 339-7121 TELECOPIER (8121 339-5697 April 8, 1992 CINDY J. LARSON JOHN P. BOYLE Ross C. FORM ELL CAHYN SCRERB GLOVER SARAH S. GODPMET MARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELsEx TRACY F. KOGHENDORFER JEAxNICE M. REDING SARAH CRIPPEN MADISON ROBERT D. MAKER DAvID H.JovNsoN Or GOmseL JOHN R.CARROLL JAMES D. OLsos ROBERT M. SRARE ARCHIBALD SPENCER CHARLES S. BELLOWS WARD B. LEWIs RrnaED LEONARD W. SIMONET Mr. Frank Boyles Assistant City Manager uii _, ..:::j►u f City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 1. elll RE: Street/Railroad Intersection Liability Dear Frank: Pursuant to your letter dated March 26, 1992, this office has researched the liability of the City if an ordinance was adopted banning train whistles. we first researched whether the City could prohibit the blowing of train whistles within the City limits. Ordinances may be adopted which prohibit the ringing of bells or sounding of whistles by locomotives or streetcars. Such ordinances have been sustained by a number of jurisdictions. See those cases cited in McQuillan, Municipal Corporations, Section 24.708. However, if the State was ever to adopt a statute 'requiring a train to sound a whistle prior to entering an intersection, the general rule is that the State statute would prevail over and supersede the City ordinance. There currently is no State statute requiring the sounding of a whistle. The question. of liability is somewhat less certain. Obviously, we are not able to assure the City that it will not be named as a party to a lawsuit 'as a result of the whistle prohibition. Lawsuits against cities and city officials are common. Successful lawsuits and subsequent liability are more rare. However, so long as the City follows properly adopted procedures and acts within the scope of its authority, the liability chance decreases. The governmental tort liability .act exempts cities from liability on any claim "based upon the performance . . . [of] a discretionary function or duty, whether or not the discretion is abused." Minnesota Statute Section 466.03, Subd. 6. In determining if a function is "discretionary," the courts find that if the discretion involved the evaluation and weighing of social, political, GiM APR 17'92 r 'ROBERT LS CHARLES C. BEROUIST LEONARD ?I. Amu GTON GEORGE O. LUDCRE ROBERT R. BARTH 'E.JOSEPH LAT`AVE N. WALTER GRAY GREGORY D. SOULE ALLEN D. BAw;ARn CATHY E. GOBLIN RICHARD A. PETERSON PATRicR B. HENNESSY ROBERT J. CHRISTIANSON, JR. TIMOTHY A. SULLIVAN %FRAva J.1iALz TAMMY L.PUST FRA.\R VOOL BRIA-n F. RICE MARINL•S «V. NAN PUTTEN, JN. 1'HACY J. VAN STEENBUNGH DAViD B. MORSE DAVID J. ZUBFIE JOHN A.BLRTm, JR. STzVEN R. KRUGER JAMES C. Di RAcLEs JAMES P. MICHELS ROBERT L. MELLER, JR. PAUL E. KAMINSKI SCOTT D. ELLER BEST & FLANAGAN ATTORNEYS AT LA -%v 0500 IDS CENTER 80 SOUTH 8TH STREET MINNEAPOLIS, �,I-N 55402-2113 TELEPHONE 1612! 339-7121 TELECOPIER (8121 339-5697 April 8, 1992 CINDY J. LARSON JOHN P. BOYLE Ross C. FORM ELL CAHYN SCRERB GLOVER SARAH S. GODPMET MARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELsEx TRACY F. KOGHENDORFER JEAxNICE M. REDING SARAH CRIPPEN MADISON ROBERT D. MAKER DAvID H.JovNsoN Or GOmseL JOHN R.CARROLL JAMES D. OLsos ROBERT M. SRARE ARCHIBALD SPENCER CHARLES S. BELLOWS WARD B. LEWIs RrnaED LEONARD W. SIMONET Mr. Frank Boyles Assistant City Manager uii _, ..:::j►u f City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 1. elll RE: Street/Railroad Intersection Liability Dear Frank: Pursuant to your letter dated March 26, 1992, this office has researched the liability of the City if an ordinance was adopted banning train whistles. we first researched whether the City could prohibit the blowing of train whistles within the City limits. Ordinances may be adopted which prohibit the ringing of bells or sounding of whistles by locomotives or streetcars. Such ordinances have been sustained by a number of jurisdictions. See those cases cited in McQuillan, Municipal Corporations, Section 24.708. However, if the State was ever to adopt a statute 'requiring a train to sound a whistle prior to entering an intersection, the general rule is that the State statute would prevail over and supersede the City ordinance. There currently is no State statute requiring the sounding of a whistle. The question. of liability is somewhat less certain. Obviously, we are not able to assure the City that it will not be named as a party to a lawsuit 'as a result of the whistle prohibition. Lawsuits against cities and city officials are common. Successful lawsuits and subsequent liability are more rare. However, so long as the City follows properly adopted procedures and acts within the scope of its authority, the liability chance decreases. The governmental tort liability .act exempts cities from liability on any claim "based upon the performance . . . [of] a discretionary function or duty, whether or not the discretion is abused." Minnesota Statute Section 466.03, Subd. 6. In determining if a function is "discretionary," the courts find that if the discretion involved the evaluation and weighing of social, political, GiM APR 17'92 BEST & FLANAGAN Mr. Frank Boyles Page 2 April 8, 1992 and economic considerations resulting in a public policy decision, then the exception will apply. Nusbaum v. State, 422 N.W.2d 144 (Minn. 1988). Usually, when a council adopts an ordinance, it is acting in a discretionary legislative capacity, and it will not be liable for damages resulting from those actions when -it performs them in good faith. The intent of this immunity is to prevent the courts from "second guessing" the legislative policy-making activities. id. Using the above statutory framework, we believe the City would have a strong immunity defense to any claim based upon the City's ordinance disallowing railroad whistles. We would argue that the City adopted the ordinance after weighing competing interests, i.e. the noise nuisance vs. the safety issues. This is the very political decision-making process which the immunity exception is meant to protect. (See, e.g., Bjorkquist v. City of Robbinsdale, 352 N.W.2d 817 (Minn. App. 1984) wherein the court found that the municipality's decision regarding timing of traffic control semaphore was discretionary act exempt from tort liability.) However, there are no reported Minnesota cases addressing the issue of municipal liability for an ordinance prohibiting train whistles. only one reported case dealt with a fact situation involving a city with an ordinance prohibiting train whistles and in that case the city was not even named as a defendant. See Muggenburg v. Leighton, 63 N.W.2d 533 (Minn. 1954). As a result, any litigation involving municipal liability on this issue would be one of first impression for the courts. However, as noted above, we believe we would be able to successfully assert the immunity defense. You also questioned whether it would make a difference if the ordinance were adopted either before or after all of the intersections were protected with signals and drop arms. We believe that the immunity defense could be asserted successfully in either case. However, if* we were unsuccessful in asserting that defense, the fact that signals and drop arms were in place at every intersection would help us limit the damages ultimately claimed Against the City. Please feel free to contact me with any questions you might have about the above. I will be out of the office next week, but in my absence you should feel. free to contact Paul Kaminski. (:n erel your , R.3e,r,t L. *,eller, Jr. Clm APR}?,92. RL'::(',1-.::5516N- CC: ]:. •Jamef-:, G. IIiilis, City ]anac�r '•]� . ?a:�7. �. ;;;:,ni els': i DESIGN GILDED CAGES New designs for jails and prisons are showing positive results. The' question is, can we afford them? By MARY CRONIN AST NEW YEAR'S DAY, BOS- ton's Sheriff Robert Rufo gave 935 hardened criminals a pres- ent: a postmodern pink con- crete -and -brick high-rise home—a new designer prison, with a colonnaded inner courtyard where the inmates, clad in bright orange jackets, could stroll in pairs. Inside, brightly col- ored dayrooms equipped with televisions, butcher -block tables and cushy chairs completed a picture of serenity. For in- mates and their watchers alike, it was a far cry from the dank, forbidding, Victori- an -style Suffolk County House of Correc- tion they had left behind on the banks of Boston Harbor. Gone were the five tiers of cages, the earsplitting clash of steel against steel as hundreds of cell doors slammed shut in unison; gone vas the cav- ernous, clattering mess hall, whose ambi- ance was an invitation to riot. Sheriff Rufo and Boston had just bought into the new architecture of justice. Building jails and prisons is big busi- ness these days. It is the product of both urgent necessity and emerging philoso- phy: an exploding population of convicts on the one hand and, on the other, some new theories on how to treat them. In the past decade, the war on drugs and tough mandatory -sentencing laws have helped double the number of inmates, which reached a record 1.1 million this year. To house and feed this army of incarcerated souls, states have poured $30 billion into construction in the past 10 years. This 52 TIME. MAY 35.1992 year they will spend $7 billion more, while the Federal Government will plow $2 bil- lion into a system that is demanding 1,100 new beds every week. After Medicare, cor- rections is the fastest-growing item in most state budgets, eating into scarce funds earmarked for health, education, transportation and social services. Exploiting this dire need for more jail beds, enlightened corrections officers like Rufo are pushing for "direct supervision" of prisoners, a concept that requires new functional designs. These, in turn, have inspired a creative breed of architects and builders who are capitalizing on the chal- lenge of building facilities that provide the kinds of living spaces that officers can properly manage. "Besides requiring few- er officers to run," argues Rufo, these New Age facilities "cut doom on fights, as- saults, vandalism and workmen's com- pensation cases. Most important, they take control of the prison out of the hands of the inmates." Modern prison design has been evolv- ing since the late '60s, when the federal Bu- reau of Prisons first tried replacing danger- ous linear tiers of steel cages with rectangular modules of cells built around common rooms manned by officers. The re- sults were dramatic: violence among in- mates and between inmates and officers decreased. Prisoners no longer controlled the jails. Some state prisons, wary of expos- ing guards directly to inmates, modified the design, positioning guards as observers in secure booths. The results were less suc- cessful: inmates, still isolated, remained in control. In 1981 California's Contra Costa County jail was the first county jail to take down all the barriers between prisoners and officers. Exercise rooms, traditional furnishings—even an open booking area without cells—were added. The changes re- lieved stress, reduced stereotypical behav- ior by both inmates and officers, and vastly reduced violence and vandalism. Correc- tions officials began to see the concept's full potential. "It is so revolutionary," says jail architect Jay Farbstein. "After hearing the anecdotal information, you get a really strong feeling for the power of the idea and how well it works." Boston's Suffolk County House of Cor- rection, like the new Suffolk County Jail four miles away, is typical of the new de- sign. Each housing unit is a self-contained triangular pod consisting of 30 to 60 cells on two floors overlooking a common room. FUNCTION MEETS BEAUTY iioston's Suffolk County Jail leads way to new architecture n big -city jails. More efficient to run, less dangerous to officers, they grace skylines, alm prisoners. Prisoners are separated into units accord- ing to their conduct rather than the seri- ousness of their crimes. Good behavior is rewarded with advancement through a se- ries of increasingly privileged units, the highest of which allows inmates to spend the day in the common room, locked in with only one or two unarmed officers. Meals are shipped from central kitchens and served cafeteria style from warming tables in each pod so that prisoners never congregate in overwhelming numbers. Key to the success of the concept is the in- teraction between inmates and "officers," new prisonspeak for guards. UFO FUMES WHEN HE HEARS the new environs derided as "glamour slammers," as they are by critics who argue that it is politically unwise to make convicts so comfort- able. Explains Denver-based criminal -jus- tice consultant Ray Nelson: "Carpeting on the floors, ceramic rather than steel toi- lets, coordinated uniforms, wooden cell doors are all cost-effective. Besides, ame- nities send a message of expectation of be- havior, a message that works." Included in the concept is another reversal of con- ventional wisdom: a stretch in jail may ac- tually rehabilitate. So convinced is Rufo that literacy training can reduce recidi- vism that he shepherded a law through the Massachusetts legislature last year re - TIME -MAY 25,199.2 HITTING THE BOOKS AT HUGHES PRISON Inmate at new Hughes prison in Gatesville, Texas, spends rare spare time studying. Many hold down full-time jobs at the prison, and one-third take vocational training or high school and college classes. quiring functionally illiterate county pris- oners to take basic reading courses before becoming eligible for parole. Proceeds from the jailhouse commissary help pay the cost of teachers and supplies. And be- cause part of the direct -supervision model is to normalize the environment, space is reserved for recreation, specialty -group meetings such as Alcoholics Anonymous or drug -therapy sessions, and religious functions. Says Rufo: "We have to let peo- ple have time to study, pray and let off steam, which is why the dayroom is valuable." In Texas, where the inmate population doubled in the past dozen years and voters last year approved a $1.1 billion bond issue to build 24 new state prisons, hard-line corrections officials want to see more proof that the new concept is effective. Seven months ago, Tarrant County moved 1,440 maximum -security inmates from three old, overcrowded facilities into its newly built Tarrant County Correction Center in Fort Worth, the first fully func- tioning direct -supervision jail system in the state; it features sunny single cells with windows, no bars. "Since then," says the center's newly appointed warden, Ma- jor James Skidmore, "we have not had one piece of graffiti written on the walls, one toilet stopped up, one officer or inmate struck or injured. Our officer turnover rate has dropped to 5.4% from 18% in our linear jails, where on average an officer is 53 V, injured once a day and costly compensa- tion cases come up once a month. Having budgeted $20,000 for jailhouse repairs for the first year, so far we have spent $50 for two panes of broken glass. "It is a matter of addressing human needs," Skidmore maintains. Savings on heavy -security construction went to larg- er single cells, multipurpose rooms, class- rooms equipped with computers. Because not enough veteran officers in the system were willing to work in the new jail, Skid- more enlisted 95 new hires from the area and put them through 160 hours of train- ing. "After six months on the job," he says, "seeing an inmate who messes up, my offi- cers think they have failed." Direct super- vision is a giant step for Texas, where sheriffs as a rule act tough and dip snuff. The touchy-feely character of direct su- pervision may rub them the wrong way. But what is forcing them to take Tarrant County seriously is its cost -efficiency and the mounting evidence that inmates are better managed. With overcrowding the most pressing problem in Texas jails, fol- lowed by a shortage of funds, most coun- ties are scrambling to build quick, cheap housing. Only two small direct -supervi- sion facilities are planned at this stage, but Skidmore says word is getting around the community that he's running a winner. Nationally, big -city jailers, their hands already full controlling pretrial detainees and short-term prisoners in overcrowded A LONG WAY FROM ALCATRAZ , :; Nomializing environment is key to cutting violence. Prisoners and officers in dayroom at Suffolk County House of Correction. JAILHOUSE GYM WITH A DOWNTOWN VIEW Women inmates shoot baskets In one of the open-air recreation areas situated between two housing units at the Tarrant County Correction Center. The view of downtown Fort Worth gives prisoners a sense of connection to the city. conditions, tend to resist such reforms. They want more proof that the new de- signs are truly more efficient and that their guards will be safe. Proponents counter that with proper screening; vio- lent prisoners, who account for only 10% Direct -supervision management as it is practiced can save almost 40% in construction and equipment costs and nearly 30% in operations, at least for the basic facility of inmates, can be isolated in highly se- cure areas, while the general population could dwell in less expensive—and rela- tively normal—environments. Trouble is, the country's penal system is already moving toward increased com- partmentalization, creating separate drug -treatment facilities, boot camps for 54 TIM E. ai.n' s,.1992 young offenders, women's prisons com- plete with secure apartments in which children can live with their mothers. Some see in the longer mandatory sen- tences handed out these days a need for special accommodations in prisons for the elderly and sick who require therapy, medication, wider cell doors for wheel- chairs, even Braille signs on doors. Direct -supervision management as it is practiced, say converts, can save al- most 40% in construction and equipment costs and nearly 30% in operations, at least for the basic facility. In the past few years, 93 such jails and prisons have come on-line, and 60 others are either un- der construction or planned. But the benefactors of this public largesse—the architects, builders and contractors, as well as merchants and job seekers in countless rural towns that are actively looking to new prisons as a vehicle for economic rebirth—may be inadvertently driving the costs beyond a level American society as a whole can afford. Ultimately, new jail and prison designs aren't going to solve the nation's crime problem. Though humane treatment in newly designed facilities is valuable, it is not a substitute for improved management of coherent housing, education, health and welfare strategies that "rehabilitate" po- tential criminals before they go to jail in the first place. —With reporting by Richard Woodbury/Huntsville =,- . � C) May • 2 6, 1992 Eileen Hedberg 12420 36th Avenue North Plymouth, MN 55441 CIN OF PLYMOUTI-F SUBJECT: RESIDENT FEEDBACK FORM Dear Ms. Hedberg: I enjoyed our recent telephone conversation. You expressed concern about a number of items, two of which I have been able to obtain additional information about. You stated that the City does not have one comprehensive document or set of information which provide residents with an understanding of various ordinances and requirements. Under separate cover, I have mailed a copy of the new resident packet which contains the 1991 - 1992 Guide to the City of Plymouth. In that document you will find summaries of a wide variety of laws which are of interest to Plymouth residents. - You also asked whether the City has a document which covers all aspects of the comprehensive plan. We are in the process of updating the comprehensive plan and therefore, have not completed the printing of this booklet. According to Communications Coordinator Helen LaFave, most of the necessary information is ready and the production process should begin shortly. When this comprehensive plan document is completed, it will be mailed to all households in the City, as well as available for pickup at the City Center building. You were also concerned that Sun Sailor had not restarted your paper. As I understand, you received a call from Kathy in the Sun Sailor Circulation Department (897-5484). Kathy has confirmed that the paper will be restarted and "ran the current issue out to your house." Thanks for brfinging these matters to our attention. Frank ,A�oy d Assi a City Manager FB:kec cc: Helen LaFave, Communications Coordinator Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 T YS. s - CITY OF May 20, 1992 PUMOUTR Eileen Hedberg 13420 36th Ave N - Plymouth, MN 55441 Dear Ms. Hedberg: Mayor Bergman has forwarded your Town Meeting resident feedback form to me for review and comment. In your note, you refer to the City's Comprehensive Plan, which in 1980, identified Walking Neighborhood #23 as being deficient in neighborhood park facilities. Since the original plan was adopted and this deficiency was noted, Heritage Neighborhood Park was built, which is the official neighborhood park for Neighborhood #23. Your second area of concern dealt with trail. The City's current trail system plan does call for an off-road Class I trail to be constructed along Xenium lane. A portion of this trail exists today and was built adjacent to the Radisson Hotel and Conference Center. Subsequent to the Town Meeting, you and some of your neighbors appeared at the Park and Recreation Advisory Commission meeting on May 14. Based on your request, the Commission will be studying whether or not it is necessary for the- City to -acquire additional park land in your area. If I can be of any further assistance to you, please do not hesitate to give me a call. Thank you for taking the time to attend the Town Meeting. Sincerely, Eric J. Blank6 Director of Parks and Recreation EJB/np cc: City Manager Communications Coordinator 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 ' energy assistance program serving suburban hennepin assistance 999.9474 administration 997-5615 W4.0t btnnapin human Itrv(cti May 21, 1992 Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447 Attn: Val Krisko Dear Ms. Krisko: On behalf of West Hennepin Human Services Planning Board, we would like to thank you for your assistance and cooperation in working with the Energy Assistance Program again this heating season. By decentralizing our application process, which the use of your facility has allowed, we were able to serve more households at a lower cost than we would have otherwise been able to. In addition, by decentralizing this service throughout the Suburban Hennepin area, we have been able to give some community identity to the program and make the process more convenient for approximately 161 households that applied at the Plymouth City Hall location. We will forward a copy of the Energy Assistance Program Annual Report to show you how the program has impacted your area. Please share it with the people in your community. Again, thank you for your cooperation. Sincerely, Lisa Cohen Energy Assistance Program Director cc: City Manager 446exA"4L, Barbara Ritchie Volunteer Coordinator west hennepin human services planning board 4100 vernon avenue south, st. louts pork, minnesota 55416 Edina Realty.. Waywft,Lake MinmwWw Offl4re 1120 East Wayzata Boulevard Ways, Minnesota 66391 (612) 476-2411 May 20, 1992 Charles Bretz Maintenance Operations Minnesota Department of Transportation 3725 12th Street North P.O. Box 370 St. Cloud, MN 56302 Dear Mr. Bretz: Re: Realty Signs on Highway Right -of -Way Letter dated April 17, 1992 yl MAY 26 I applaud you for your promise to pick up all of the realtor arrows that are rapidly appearing on our road ways. I have written letters (twice) to the Mayors of Golden Valley, Minnetonka and St. Louis Park complaining about the abuse our industry is inflicting on the environment! We like to call them "directional arrows", but they are nothing more than additional marketing tools for a few companies and their agents that feel they are above city, county and state ordinances. Enclosed, please find an appeal from our Board of Realtors. This is one of two -requests they have published to sales people and brokers over the past twelve months. I encourage you to pick up the many arrows that continually appear on our highway right-of-ways and to charge the agents for your services. Si r ly, Donald Rodningen Sales Manager, Edina Realty cc: Mayor, City of Golden Valley Mayor, City of Minnetonka Mayor, City of St. Louis Park 'Mayor, City of Plymouth Mayor, City of Wayzata Edina Rnhy is a MaropoU= FinawW Corporation wry. to mts fl t t �\�iNESOT4 �O y0 � a ` kyr OF Twll�" • "•: f•"�:? ^.^}:•k ',�t � •t- - '.?,-- ;e�^ .';� ,dam �, '� j `., 7;.» :4." :!t'.' ..q:•, r'1`Fsf'.Y-Y.a•'J, C' i, ti i�- <`•. .q :su<?�.L 4l.sh . +t :•• . ,•e,'i-�,'�4 ��..,i: •r .i.:'•.r..5' _ 'r'" :i... �: `f' ,�: ..• ,Y�;r:':i1�. •at�. a yt �=5;••�'� MINNESOTA DEPARTMENT OF TRANSPORTATION" 3725 12TH STREET NORTH P.O. BOX 370 _ ST. CLOUD, MINNESOTA 56302 Qualify Service Through Individual Commitment April 17, 1992 EDINA REALTY 1120 EAST WAYZATA BLVD WAYZATA, MN 55391 SUBJECT: Realty Signs on Highway Right -of -Way Greetings: Due to the increasing number of Realty Signs appearing on highway right-of-way, it is time, once again, to refresh everyone on the Law pertaining to placement of real estate advertising devices. Under the 1971 Minnesota Outdoor Advertising Control Act (Chapter 173), the Department of Transportation was assigned the responsibility for control and regulation of all advertising devices along and adjacent to the Interstate and Trunk Highway system., The control of advertising devices which advertise the sale or lease of property is included in this statute. Without an advertising device permit, real estate signs are allowed only on property that is for sale or lease. Under the Minnesota Miscellaneous Act, Chapter 160.27, the law is very•clear that no signs or advertising devices, other than official signs provided for by law, are allowed on highway right-of-way. No devices may be nailed to trees or power poles on right-of-way. Owners of signs on right-:-of-way, that have been removed by state forces, may be billed for removal cost. I would suggest that your agents be made aware of the regulations as soon as possible. We removed and disposed of a large number of signs in our area last year. This proves very time consuming for us and very costly for you and your agents. It is -in your best interest to ensure the proper placement of your devices to prevent their loss. Also be aware that our right-of-way varies along the The distance ranges from 33 feet either side of the highway to as much as•200 feet. Should your agents in determining the right-of-way at a location, this provide that information upon request. Sincerely, 6&_�XT I : Charles Bretz Maintenance Operations AN EQUAL OPPORTUNITY EMPLOYER PRINTED ON' RECYCLED PAPER highway system. centerline of need assistance office will Min'bea.p.0-0,.s�P-11 VA01 Use of Signs Is A Privilege, Not A Right Concern over the misplacement of signs and arrows is the subject of an occasional letter or phone call at the Association office. Most of the concerns raised are over the placement or signs and arrows on public property, which no municipality allows, or the placement of signs and arrows on private property without the owner's consent. Whether out of a lack of knowledge or a disregard for ordinances, some members place signs and arrows Tlie use of signs in the sale of real estate has proven over many years to be all effective way to inform the public that a property is available for purchase. According to the National Association of REALTORS@, 17 percent of the homebuyers recently surveyed found the house they purchased because they saw a sign. While it has been shown that using signs can help market real estate, there is rising concern that efforts could develop that if successful would prohibit the use of signs. This concern could became a reality unless members of the real estate industry begin to police themselves by using good judgment in how they use and where they place signs. The ability to use signs in connection with marketing real estate is a privilege that needs to be carefully used and not thought of as an indiscriminate right that allows their placement at will. The overuse and misuse of signs and arrows off-site from the listed property is what usually brings about complaints from police departments, municipal officials, the public and a growing number of concerned REALTORS@. The placement of signs and arrows is regulated by ordinance in most nwnici- palities in the metropolitan area. In addition to these general requirements, several municipalities have other restric- tions on alae use of signs such as a maxi- mum size or a requirement that all signs be removed from the property within a certain number of days after the sale. Members are responsible ror knowing about and complying with ordinances where they do not belong. Several years ago the Association adopted a statement on the use of signs. We arc reprinting it as a ren►inder to members. Ir industry members do not comply with existing ordinances there is a strong chance that naunicipaditics will address the complaints by seeking passage of more restrictive ordinances and/or increased cnlorcen►cut of existing sign ordinances. pertaining to the correct use of sig ns and arrows within the municipalities they arc conducting business. Thoughtless actions such as placing arrows on public boulc- vards near intersections are not only against the law but they show the public a form of sight pollution that has a negative clTcct on many people. Instead of being good public relations, the n)istrsc or signs and arrows can give the public a negative non -caring attitude that reflects on the industry and the Finn, opposite of what was intended. While it is bad enough to have arrows and open house signs off-site during an open house period, some members aren't satisfied with that and they leave the signs and arrows anywhere they think they can get attention I•or months at a time. Also, it has been noted that two, three or more real estate firms will place their arrows on the same intersection during the same period of time. _. This is a matter that clearly requires management and agents working together to correct. Management must inform their agents that ordinances prohibit the use of arrows and signs on public property even during a two to three hour open house period. Agents must obey the ordinances and place signs judiciously and only with the consent of the private property owner where a sign or arrow is sought to be placed. The Minneapolis Area Association of REALTORS@ has no policy which restricts members from usii)g signs, so long as n►cmlcr practices are not violative of any law or regulation. April 192 Minneapolis Area REALTOR 4 "I Sell the Ameri- can Dream" cloisonne pin (in red, white and blue with 24k gold plating) can be worn for any Occasion, as a tic tack, on a lapel or blouse. Actual size shown. $4 each. 1992 Metropolitan Area Street Atlas, has been completely updated and ex- panded and includes 259 municipalities, 196 sectional street maps and 27,053 street listings. The atlas, published by Hudson Map Co., now• deludes almost the entire 7 county metropolitan area. The 5 1/4"x8 1/4" spiral book has a cover price of $14.95, but is available to Association members for $8.25 a copy - Fold -Up Maps, 9" x 4" arca maps are handy to give to an out -of --town buyer. Published by Hudson Map Co. foto' editions available: Minneapolis/St. Paul and suburbs - $1.50; North suburbs - $1.75; South suburbs - $1.50 and West suburbs - $1.75. Open House Guest Register, each 8 1/2" x I I" page has space for registering 5 people and each register has 50 pages. Spiral edition - $20.50 or padded edition $28 each. BRAND NEW I'I'I?.N.IS: The New Real Estate MasterH© Qualifier Plus"' provides simple solutions for new residential real estate problems. Advanced three-way qualifying, built-in sales price and down payment keys and i'ucc'oo easy Pin calculations are featured - $74. Also available -The Real Estate Classic - Simple, user friendly basic features for entry level or seasoned salespersons - $38. Member Services is near the lobby or the Association building, 5750 Lincoln Drive, 933-9010. Hours are 8:00 a -ill. to 4:30 p.m. Monday through friday, except holidays. Minnesota sales tax added to each order. Delivery charge added to orders shipped. gab PATRICK D. McGOWAN Assistant Minority Leader Senator 48th District 129 State Office Building St. Paul, MN 55155 (612) 296-2159 Home: 12231 -69th Avenue North Maple Grove, MN 55369 (612) 425-8758 May 18, 1992 Mr. James C. Willis, City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Jim: City Manager Senate State of Minnesota M Thank you for writing to express your feelings regarding the water connection fee. Sorry it has taken so long to get back to you on this issue -- we got quite busy toward the end of session. As you know, the public water supply connection fee bill (Senate File 2473) was amended onto the recently signed Omnibus Budget Bill (House File 2694). This provision authorizes the Department of Health to annually assess a service connection fee of $5.21 for each connection to a public water supply owned or operated by a city, town or water user district. The operator of the public water supply collects the fee and remits the proceeds to the Department of Revenue. Collection of the fee begins in fiscal year 1993 and is estimated to generate $4.8 million per year. The program was initiated in response to new federal requirements resulting from the 1986 amendments to the federal Safe Drinking Water Act. I spoke to the -Department of Health regarding the costs of the program and you are correct in saying that the additional budgeted cost for fiscal year 1993 is only $1,490,000 ($700,000 in existing funds is already budgeted for a total cost of about $2.2 million in fiscal year 1993). However, the $4.8 million annual cost is an average annual cost over three fiscal years 1993-1995. The costs for fiscal year 1993 are lower because in the first year, only public water systems serving 3,300 or more customers will undergo the full complement of tests. This represents only about 140 of 1,800 water systems statewide. The costs increase over the next two years as all water systems are required to be fully tested and well monitoring systems are implemented. The state will not realize any "profit" from the fee. COMMITTEES: Judiciary • Gaming Regulation • Elections and Ethics • Finance is SERVING: Brooklyn Park, Corcoran, Hanover, Hassan Township, Loretto v,,,lledOn Maple Grove, Medina, Osseo, Plymouth R.v,. h -d 11n — .\.n 11..n..•.1 - f..,.. .n m 1'......... , s . \ Wo 2 The Department of Health has also considered contracting with private laboratories as you suggested. In fact, the scope of this testing program exceeds the capacity of the Department's testing facilities. The Department expects to eventually contract with other labs for about 50% of the required testing. Finally, regarding your concerns over the equity of the fee structure. In considering various methods to pay for the testing program, the Department felt that from a statewide perspective, all citizens benefit from having safe drinking water throughout the state. It may be considered a "public good" just as ensuring clean water or air (which is paid for by all residents from income and sales taxes). Yet, the fee does target the primary beneficiaries of the program through its application to only those people connected to the public water supplies subject to testing. The fee also offers the advantage of being relatively easy and inexpensive to administer. I hope the above information is helpful in addressing your concerns. Incidentally, I voted against the Omnibus Budget Bill as I saw it, overall, to be yet another fiscally irresponsible bill. Thank you again for writing. Please feel free to contact me with any further oncerns you may have. Sincerely, Senator -Patrick D. McGowan Assistant Minority Leader May 21, 1992 Mr. Greg Erickson President Promenade at Parkers Lake Condominium Association, 3300 Edinborough Way Suite 201 Edina, MN 55435 1 ciN of PLYMOUTFF Inc. SUBJECT: WATER BILLING FEES POLICY Dear Mr. Erickson: Thank you for your May 14 letter. In that letter you expressed concern about paying a "water meter fee" of $53.52 per month during the winter months for a meter which is used only during the summer months for your sprinkler system. You believe that there should be no billing during those months when the meter is not in use. I have discussed this matter with the Finance Department. All commercial accounts in the City with water service larger than one inch diameter are required to pay a demand charge. In your case, this amounts to $36.00 per month for two inch diameter service, plus a $1.50 monthly water account charge. The demand charge provides the City with the necessary capital to construct and maintain our water system to meet peak water needs. Like an electrical system, the water system has to be sized so it has the capacity to meet maximum or emergency needs. This, of course, costs more money. The way the City finances such capital costs is through the demand charge. Whether your meter were running one month out of the year, or all 12 months, the annual fee is the same. These costs have to be paid in one manner or another, and this is the historical means which the City has used. I do have a couple of suggestions for saving money. You may wish to contact Daryl Sulander in the Finance Department at 550-5119 to inquire about filing for sales tax exemption. This exemption is only possible if the water is used for residential purposes. A second option for saving money is remitting your monthly payment prior to incurring penalty charges. I note that of the association's last five payments, four have been received later than the time limit. The 10% penalty could be avoided if the monthly payments were rendered earlier. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 =' 1 ;kc-- Mr. kG Mr. Greg Erickson May 21, 1992 Page 2 I am sharing your letter and this response with the City Council so they can consider whether any revision in the current policy should be considered. You are also welcome to attend our Plymouth Forum to discuss this matter with the Council. The next Plymouth Forum is scheduled for Monday, June 15 at 6:30 p.m. at the Plymouth City Center, 3400 Plymouth Boulevard. Let me know if you have any questions. Sincerely, Kim M. Bergman Mayor KMB:kec cc: City Councilmembers Finance Department �'; 'O'z s- C3,.rar;:cvr. •- .k :t. ¢q,> •_� —n �_ .:.��,r:• ,-,t Rp.. _ �..-�:.:y „'•3.LT•.2;ri •r J Rxf�%"':.n(�Pq<. K-3y�1"i'?t'::'.' ,�.: t':''. ;,, " ::W E`M1.v-+, ''' .t.j.:.:y .nr ^.. .._z : i-:' a ( - Y.'n"7 ''s-�t• � r,� _ �l. '��yS ;?;;,��"•��!,�:}� swS�J-,6 rT�:+ ,•z.�_<: {`* :,.•\.,: ' Y'�'i;• "i�'t 4' tirrr••--t T�` �,�... ,�ih. F : `�.0 i~F F..4d�'/�Cy�•i.:'ICh'��}':`.:5.4:.-!fr'iFiS...lF`"T£..i}�^��':Z-?{`''t"• Y�:.A:.7 _ .^.-/.'ivF.a��•_.. .,<�, ry }y ".',l`3i :f = �.Y'J.' '; :'� .,z _ ''�_ i,. r..- S', .c.3r''w,_•.: s " S `tX. •"z: `�" 'f}q 'j e %i' - "�. - 'i;i:�.Y.,�itr".; .<.`C `d1,Sri: �''3t`3ii•�` �i_,f:;�.--•';:'r. :�^ _ -_ • •.� �', _ ka-� a -_.i �.: 5<.:�•;-., v _ Promenade at Parkers Lake.Condomiimrn Association; Inc: - `X== t . 2E. _. � ,.. � -, s't: e:.t.<.'d r_ . - �n •.. . - � i 3•,�' : se �,>c • 7 _• - _ � _ r,� .?7�.:..tyf�.�.4: +i%:.:<,.5.:, . rM�t,•. _ ..s, �,�,:`: :'^<'ri:Y.: ,�t::l.z: i+_31L: :• :x�' v _' w. ..��5"� �. •. i .�Ct•S�t-• 3300 Bdinborou h Wa Suite 201 � _ .. .... : �-, . _ .�,..�r,•:..;�� x:_�..g�..-:�.�,Y�.._ _:,.,::.�.. , . -.<i �,Edina;°�Minnesota��5435'..��: May 14, 1992 City of Plymouth Mayor Kim Bergman Plymouth City Council - RE: Water Billing Fees Policy "Our Condominium Association, Promenade at Parkers Lake, has been paying a water meter fee of $53.52 per month during the six winter months of each year. The meter is for the sprinkler system and is only used during the summer months. Therefore, we feel that we should not be billed $321.12, when the water meter is not in use from November through April. We have already contacted the Finance Department and they said we should contact the City Council for a policy change. We would appreciate your looking into this matter. Please respond to me at the address above or give me a call at my office 449-5256. Sincerely, Greg, Erickson President _ rJxIi ECEEIVEP Y 15 1992 i�L�M00TN [CINQ1T003639MAY1992](9205] RETURN TO MENU ( ] CUSTOMER ACCOUNT ACTIVITY INQUIRY] USAGE HISTORY [ ] [ 263130861 RETURN TO CUSTQ ( ] CUSTOMER NUMBER SERVICE ADDRESS CUSTOMER NAME MAILING ADDRESS ACCOUNT BALANCE DEPOSIT AMOUNT REVIEW TRAN DUE DETAIL DATE DATE [ ] [ 505921 [ ] [ 501921 52792 [ ] [ 403921 42992 [ ] [ 324921 [ ] [ 312921 [ l [ 228921 32592 [ ] [ 210921 [ ] [ 131921 22692 [ ] [ 103921 12992 [ ] [123091] [ ] [112991] 122691 [ ] [112091] [001][0099054301] START AT DATE [112091]`a^ 001827 TERRACEVIEW LA N LAUKKA DEVELOPMENT/PRKRS 3300 EDINBOROUGH WAY EDINA, MN 554350000 219.35+ ACCOUNT STATUS A DATE 123188 DEPOSIT DATE ROUTE 90 CHARGE PAYMENT .94- 39.94+ G„ 43.69+ ow 39.94- 39.94- 43.69+--'t4 39.94- 43.69 L 43.69+ 39.94- 43.69+ 53.52- �, Fra ,K rpt DESCRIPTION PAYMENT CHARGES CHARGES PAYMENT PAYMENT CHARGES PAYMENT CHARGES CHARGES PAYMENT CHARGES PAYMENT ­D�_m4^17b f�2vlz— ��O 3 -7, ,'I7 ZW s ` 3� Z ",K F-rVZ -'' ka4z�, Mr: Frank Boyles MAY w' .. May 21, 1992 Assistant City Manager — efi;�,; MTC Metro Link Coordinator 3400 Plymouth Blvd. Plymouth MN 55447 I•':m writing following our telephone conversation last month and my conversation in March with Bruce Bakke - MTC Supervisor - regarding Plymouth Metrolink service between western Plymouth and downtown Minneapolis . On May 29 , 1992 my wife and I will move into our new home on Garland Avenue , where I will need MTC service to my office in downtown Minneapolis . Your current most proximate pick up point is route 91B shuttle bus service from Dunkirk and County road 24 . Since this intersection of county road 24'is relocating to intersect with highway 55 I need to learn what.MTC'S new pick up point will be Bruce Bakke did express-:intrest in commencing this route from our coul-de-sac at the end of Garland lane . The difficulty with Bruce's idea is that the pick up times of this route do not respond to Qur needs -.for thRse of. us who commute and start at 8:00 AM downtown . The first pick up time of Route 9 fl is 6:44 AM which arrives downtown Minneapolis at 7:37 AM which is 23 minutes before 8:00 AM . I personally can not make a 6:44'AM pick up time with all my personal obligations'in the evening . Further , to arrive 23 minutes before our 8:00 AM start time is too early . I am certain that if you started route 91B near 7:00 AM instead of 6:44 AM and arrived downtown Minneapolis near 7:50 AM ,.that' these times would leave us more than enough time to reach our office with a cup of coffee in hand . Please realize that the village of Plymouth is receiving today it's most rapid growth in popaation not in the old established southeast corridor , but in an ever expanding flux North aid -West towards Medina . The current Park and Ride facility at Route 73 and Highway 55 continually becomes further and further from this expansion , and greater and greater more inconvient to those of us west and north of Highway 494...Even Bruce Bakke feels that today the Park and Ride facility at Highway 73 and 55 is too small and not able to facilitate -growing population in the village . Every effort should be made to acquire and develop vacant property available at Interstae 494 and Highway 55 to construct a new Park and Ride facility there to serve those of us in north and west Plymouth , possibly with a pick up at the old Route 73 and Highway 55 Park and Ride to Load passengers there. If the MTC is serious about considering the needs of their passengers instead of accepting a continual decline in ridership , I hope these ideas can get implemeted very soon so that the inconvience we now face today can be a short term duration . Please let'me have the name , address , telephone number and individual currently studying the MTC situation in Plymouth so I may feel certain thas letter reaches them . Lastly,your comments , suggestions and ideas would be most welcomed . Sincerely , Don Daraskevich 2250 Ridge Drive #33 St.Louis Park MN 55416 -7�p 612-542-9160 =- k ae. May 28, 1992 Ms. Kay Mitchell Board .of Hennepin County Commissioners A-2400 Government Center Minneapolis, MN 55487-0240 CIN OF PLYMOUTI-F SUBJECT: ASH UTILIZATION ADVISORY COMMITTEE Dear Ms. Mitchell: Commissioner John Keefe has informed us that the County Board is seeking local elected officials to serve on the Ash Utilization Advisory Committee. I would like to be considered for appointment to this advisory committee. I serve as a member of the Plymouth City Council and have a demonstrated interested in solid waste reduction and recycling. I believe I could be a positive contributing member to this advisory committee. Yours truly, Carole Helliwell Councilmember CH:kec 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 May 12, 1992 Maria Vasiliou City of Plymouth 3400 Plymouth Boulevard Plymouth, MN. '55447. Dear Ms. Vasiliou, A couple of months ago, I waited on Congressman Jim Ramstad at Lunds in Wayzata. I -told him of a problem we have with the city of Plymouth. We have,call-ed and written letters to the city and have gotten no where with this problem. Congressman Ramstad suggested that I write to you to see if you could help us. He also said I could send him a copy of the letter so I am also sending one to him. In 1974, we purchased our home on Ranchview Lane in Plymouth. At that time we only had a dirt road in front of our. house, and there were no plans to�improve the road for a long time in the future. However, the builder, Hussman Investment Company, set aside money in an -escrow account with the city to be used for the street. This was done for our house, 740 Ranchview Lane, and for three other homes - 730, 800, and 820 Ranchview. At that same time, Hussman also put money into that same account for paving a cul-de-sac behind us on Quantico Lane. We were told that half of the money would be used for the cul-de-sac on Quantico and the other half would be used for paving Ranchview Lane. Shortly after we moved in, the cul-de-sac on Quantico was paved and a little over half of the money was used for that project. Years passed and our street was never paved. We knew it would be done eventually, but we assumed the escrow money was sitting in an account somewhere earning interest. Finally, two years ago, 'in 1990, our street was paved. We were told it would cost about $5000.00 per house. With the accumulated interest on the escrow money, we figured our assessment would not be too bad - were we ever wrong! We inquired about the escrow money and no one seemed to know anything about it. No one could find it. We were told there was none. Finally, I got mad and wrote a rather nasty letter to the city. To be perfectly honest with you, the _ thought crossed my mind -that perhaps the money had been mi*s= used by the city. I wanted to find out just exactly where the money had gone.- ' Was I ever surprised when I did find out! The city had- --_ returned the money_ to Hussman. I'm sure that both the city and Hussman both knew that our road would not b-e.paved for _-_ 311 2 many years. I am also very sure they figured that by the time it was paved that none-of�the original owners would still live on Ranchyiew-anymore so no one would remember anything_about that escrow money. Well = we are original owners, and we.remember! -Besides, all the -new people in the other three homes were 'all told about the fund by the formers owners of their homes, so they all know about it too. This was a very sneaky, underhanded thing to do, and I feel that.we are all entitled to that escrow money. The city should never have given that money back,, and now I feel the city should.come up with that money (plus eighteen years of interest). Besides all this when we got our assessment this year, it was well.OVER $6,000.00 per house not $5,000.00 like we had been told. Also, I would like to know what kind of interest the city charges. *Our assessment just for this year was $602.00 plus'another $602.00 just for interest. We own a small business, and if I charged my customers interest like that, I would'go to jail! This assessment increased out house payment over $1,200.00 this year, and this is going to continue for ten years. We like our home and our neighborhood, but we could very well lose our home now because of this huge increase. We cannot afford it! Please see if you can help to get this money back for us and for the other three houses involved. It just does not seem right that the city could do this to us. 'Had we known the money had been given back, we could have tried to save for it, but we were NEVER notified, so we all just assumed that the money was still there. Thank you for your time, and thank you in advance for looking into this matter for us.' Yours truly, Cheryl arter 740 Ranchview Lane Plymouth, MN: 55447 c1W C May 28, 1992 PLYMOUTH+ Cheryl Carter 740 Ranchview Lane N Plymouth, MN 55447 Dear Mrs. Carter: I have been asked to respond to several items within your letter to Councilmember Maria Vasilou. It is true, the City returned the escrow deposit to Hussman Investment Company after deducting the cost of the Ranchview Lane and Quantico Lane cul-de-sac improvement. At the time your development was completed, the City did not require the developer to provide blacktop streets nor escrow funds for future blacktop improvements. This was not unlike the requirements for similar developments within the City at that time. The interest on your assessment for 1992 of $602.38 is for 8% interest on the original principal balance of $6,023.25 for 15 months. The 15 month's interest is calculated from the time the assessment was adopted in October of 1991 through December 31 of 1992. In '1993, the interest on your assessment will be $433.67 compared to this year's interest of $602.38. I realize this does not give you a positive answer to your request, but I am attemptingto clarify some of the points in your letter. I believe the City � did not improperly refund the balance of the deposit to Hussman Investment (company. Please call me at 550-5101 if you wish. to discuss this further. Sincerely, Lkd,c�:; Dale E. Hahn Finance Director DEH:lk cc: Mayor and City Council James G. Willis, City Manager Fred Moore, Public Works Director 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 iELSEA MEWS ASSOCIATION • PLYMOUTH, MINNESOTA 55447 Mr. Kim Bergman, Mayor. City of Plymouth 3400 Plymouth Blvd. Plymouth MN 55447 Dear Mayor Bergman: May 26, 1992 Chelsea Mews Assn. wishes, once again, to call your attention to a potentially dangerous situation regarding an incompleted trail extension from Steeplechase to Chelsea Mews. The problem is detailed in my letter dated 6/5/89 (attached) and can be seen in the enclosed pictures (1-3). Since the time that letter was written,,our Zanzibar residents have become even more fearful. Bikers and skate boarders use the hill regularly. They have evidently even done some damage to cars parked in front of garages on our Zanzibar by flying down the hill and being unable to stop. The entrance onto our street from Steeplechase is blind! There have already been several close calls! As you can see by the attached memos, Plymouth Parks and Recreation was assigned to look into -the matter. As an interim safety measure, a wooden barrier was erected on the Steeplechase side (see Picture 4) that says "Private Property" "No Trespassing". While, as you can clearly see from the picture, this deterred no one from using the unsafe path, the word is it made the Mews appear to be unfriendly to Steeplechase residents and gave -us a bad reputation with Chelsea Woods, who thought we were trying to bar Chelsea Woods' access to the trail system. All we were trying to do was solve a potential safety issue! We tried hard to work out acceptable solutions to the trail exten- sion with Parks and Recreation. However, any of the solutions Parks and Recreation recommended were rejected by our Board of Directors because they did not solve the safety issue and/or they would take too many precious trees. Parks and Recreation said there would be little, if any, impact on vegetation,•but experts we have consulted disagreed. In the end, it became clear that we had reached an impasse and communications deteriorated. As a last ditch attempt, Frank Boyles came to our 10/15/90 Board meeting at Jim Willis'*s request to explain the City's position. But, we got nowhere, and that is about where it was left. ` Page 2 The point of this letter is to inform you that the safety issue still exists. The tarred path on the Steeplechase side leading to the hill is an open invitation to disaster. If we had been consulted about this before Lundgren Bros. had their Steeplechase plans approved, we could have worked out a way for the trail to connect at the "T" of our Zanzibar (Picture 5) without endangering much vegetation. There would have been no safety issues with this connection; cars coming up Zanzibar or from right or left could easily see someone coming. Now, everything is developed and an amicable solution seems much more difficult to find. I don't know how to resolve all this, but I do know one thing -- Chelsea Mews is very concerned that a tragic accident could occur. Things can't be left as they are. Either the trail has to go somewhere safely or it needs to be removed. And, the Mews would very much like not to have to lose many trees in the process. Can't we all do a little compromising and get this matter resolved? While it is true that many of our homeowners have expressed the opinion that they do not want the trail extended into the Mews, I personally feel that if we could find a safe access and not en- danger many trees, the Mews Board and residents would go along. I am hoping that you can suggest some course of action. I will be on vacation until June 2. After that, you can reach me at 475-1360. Sincerely, Karen Fox, President Chelsea Mews Assn. cc: Tom Severinghouse, Manager, Chelsea Woods Assn. (no photos included) Lundgren Bros. Construction/Steeplechase Assn. (no photos included)• iELSEA MEWS -ASSOCIATION Mayor Virgil Schneider City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447' Dear Mayor Schneider: N e PLYMOUTH, MINNESOTA 55447 June 5, 1989 We in Chelsea Mews Association need your help. A tarred bike trail has been constructed in the Lundgren Bros. development called Steeplechase. This bike trail begins at the turnaround of their Zanzibar Lane and ends at the edge of Chelsea Mews property on North Zanzibar Lane. Between where the trail ends and the street of Zanzibar there is a wooded hill. People from the,Lundgren development side have worn a path through the wooded area to gain access to Zanzibar. The problem is that our homeowners on Zanzibar are very concerned that they will run over the bikers using the path. You can't see them until they are right in the street, and they are going too fast down the hill to stop. Chelsea Mews has never been consulted about the matter of the location of the trail or even formally advised that the trail exists. Chelsea Mews has no money reserved for completing such a trail. Besides, our Zanzibar homeowners do not want it located where it would be if it were simply extended. Considerable dollars would have to be spent to make it safe (hill cut down, trees removed, safety signs erected, etc.). Could you please forward this letter to the appropriate persons and ask that they contact me so we can figure out a course of action. I don't even know if this is part of the City's trail system or not. All I know is that this is a potentially dangerous situation that requires some kind of corrective action. Thanks a lot for your help. Sincerely, �X�� " Karen Fox, President, Chelsea Mews Association cc: Lundgren Bros. Construction z �aC PCY C� June 12, 1989 PUMQUTR Ms. Karen Fox President Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 SUBJECT: YOUR JUNE 59 1989 LETTER Dear Ms. Fox: By copy of this letter I am referring your concerns about the trails in Chelsea Mews to Chuck Dillerud, Community Development Coordinator. I am asking that Chuck research this matter to determine the proper ownership of the trails and who would be responsible for pursuing this matter further with the Chelsea Mews Association. Chuck should contact you directly with his findings. Thanks for your inquiry. Sincerely, Vi /-1- Schneider Mayor VS:kec cc: James G. Willis, City Manager Chuck Dillerud, Community Development Coordinator Blair Tremere, Director of Planning & Community Development Eric Blank, Director of Park & Recreation 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 June 21, 1989 Ms. Karen Fox President Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 SUBJECT: YOUR JUNE 5, 1989, LETTER Dear Ms. Fox: Mayor Schneider has referred your subject letter to me for investigation and response. This past weekend I had an opportunity to stop down and take a look at the situation. It appears that the trail off the south end of Zanzibar Lane is a City trail. I have asked the Director of Parks and Recreation, Eric Blank, to review the matter and offer his recommendations. I am writing now in that I will be out of town on City business until the week of June 26. I wanted you to know that we were pursuing the matter that you brought to the attention of Mayor Schneider. We will be back in contact with you the week of June -26 with additional information and recommendations. Sincerely, Charles D. Dillerud Community Development Coordinator cc: Mayor, Virgil Schneider City Manager, James Willis Director of Community Development, Blair Tremere Director of Parks and Recreation, Eric Blank (pl/cd/fox:dl) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 July 20, 1989 Ms. Karen Fox President Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 SUBJECT: TRAIL CORRIDOR SOUTH OF ZANZIBAR LANE ADJACENT TO CHELSEA MEWS Dear Ms. Fox: This is a follow-up to my letter of June 21, 1989. I have recently talked with Eric Blank, Director of Parks and Recreation, concerning the trail safety issues raised in your letter of June 5, 1989. Mr. Blank has indicated to me that the trail extending southerly from Zanzibar Lane to the north boundary of Chelsea Mews is a City of Plymouth trail that was constructed as a means for the residents of the Chelsea Development to travel to and from the major trail corridor that extends between Dunkirk Lane and Vicksburg Lane through the Steeple Chase Development to the north. That trail segment was constructed as access for the Chelsea Development. Mr. Blank has concurred that until such time as improvement can be made within the Chelsea Mews Development to "officially" extend a formal trail through the Chelsea Mews common area, it is advisable to temporarily barricade the south end of the trail that is constructed south from the end of Zanzibar Lane. Mr. Blank has agreed to direct the City of Plymouth Park and Recreation Maintenance Crew to install such a barricade. The most desirable long-term solution to problems you have raised would be to construct some form of formal trail link within Chelsea Mews. It would provide residents of Chelsea Mews with a safe access to the trail system as contemplated when the trail was constructed off the end of Zanzibar Lane. Eric Blank has indicated his willingness to meet with you to discuss methods that may be available to accomplish that improvement. I would sincerely encourage your early contact of Eric to establish a meeting date. I would be happy to participate in such a meeting, should you and Eric believe my presence would be helpful. Should you have any further questions concerning this matter, please do not hesitate to contact me personally. Serely Char es . Di lerud Community Development Coordinator cc: Blair Tremere, Director of Planning and Community Development James G. Willis, City Manager (pl/cd/fox.2:dl) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 November 21, 1989 Karen Fox President, Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 Dear Ms. Fox: I wanted to write you to follow up on our meeting of Friday, November 17. As we discussed, I have laid out the following options for you. If Chelsea Mews wishes to be connected to the City's public trail system and they are willing to grant an easement for said trail, the City will incur the cost for said trail installation. I think we could do this in a manner that would be safe and have minimal impact on the vegetation. If Chelsea Mews does not wish to have access to the City of Plymouth's public trail system, I will report this back to the City Council for their consideration. Thank you for taking the time to meet with me. I look forward to your reply. Sincerely, Eric Blank Director of Parks and Recreation EB/np cc: Charles Dillerud 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 iELSEA MEWS ASSOCIATION • PLYMOUTH, MINNESOTA Eric Blank Director of Parks and Recreation City of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Eric: 55447 January 9, 1990 Thanks for meeting with me several weeks ago to look at the site and give your suggestions for connecting Chelsea Mews to the public trail system. I discussed this with the other Board members at our November meeting. The Board generally felt that, no matter how we con- structed the trail extension onto Zanzibar Lane, there would be a safety issue with cars and bikes. Furthermore, the current Board did not express any real interest in connecting Chelsea Mews to the public trail system, no matter how it would be designed. If we do not connect up, the existing extension from the Steeple- chase development Zanzibar turnaround to our property line should be removed to eliminate any possible safety problems. We appreciate the help you've given us so far and hope this matter can be resolved to our mutual satisfaction. Sincerely, Karen Fox, President Chelsea Mews Association February 5, 1990 City of Plymouth 4400 Plymouth Blvd. Plymouth, Minnesota 55447 Attn: Mr. Eric Blank AE: Path between Chelsea Woods & Steeple Chase Neighborhoods Dear Mr. Blank: It has come to my attention that you have received letters from the Chelsea Woods Townhouse Association stating that the Association does not want the path between Steeple Chase and Chelsea Woods neighborhoods completed. I would like you to know that I am a homeowner in Chelsea Woods and I would very much like to see the path completed. My son plays with children in the Steeple Chase neighborhood and it is a much more direct route for him to go from Chelsea into Steeple Chase on the trail. Children not allowed to cut through would have to go all the way around on Dunkirk or Vicksberg which are both very heavily traveled busy streets and pose a danger to the children. I would appreciate, therefore, any help we can receive in seeing to it that this path is indeed completed for the safety and well-being of all of our children. Thank you for your kind 'consideration. Sincer ly, Fran McNamee 16215 18th Avenue No. Plymouth, Minnesota, 55447 iELSEA MEWS ASSOCIATION # PLYMOUTH, MINNESOTA .55447 James G. Willis City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: October 22, 1990 The purpose of this letter is to summarize what has transpired regarding the City trail extension, most of which was discussed with Frank Boyles when he attended our Oct. 15 Board meeting. It is hoped that this summary will give you an understanding of our position on the matter. As we told Mr. Boyles, a fundamental problem with the trail exten- sion is that the Mews was not informed by the City of its inten- tions prior to the development of the Lundgren property. The way the Board found out about it was when a homeowner called me to say that he had almost run over a bicycler who suddenly appeared out of the trees right in front of his car. This homeowner was the one who told me that the trail extension on the Steeplechase side was already constructed and that people were using a path from there into the Mews. At that point, I, on behalf of the Mews, wrote a letter to Mayor Schneider (attached). A No Trespassing barrier was then installed at the end of the existing tarred trail, I assume by the City. I subsequently met with Eric Blank at the. site. I then took his proposal (more or less straight down to Zanzibar from the Steeplechase side) to the Board who, after some discussion, vetoed it because of safety and loss of vegeta- tion issues. Mr. Blank then asked to come and meet with the Board. He was invited to come to one of our monthly meetings. At that time we agreed to having an alternative route staked out for us to look at and consider. This route would go from the end of the existing trail across the back of the trees and come out at the side of the parking area at the "T" of Zanzibar in the Mews. That way, cars coming up Zanzibar could see anything coming out on the path, thereby eliminating any safety issues. We stressed to Mr. Blank our other concern that we wanted as little loss of trees and vegetation as possible. Our Manager, Beth Sundberg, met with the surveyor at the site. At the time, she voiced her concern that it was going right through all the trees, not on the outside edge of the trees, along side Steeplechase. The surveyor said that they always wanted the trail kQC) to be right in the trees. At any rate, all the Mews Board members looked at the proposed staked trail and agreed that it should not be installed as -it was staked. I, acting as Board President, informed Eric Blank of this and that the Board said we couldn't see the necessity for and did not want the trail extension•at all. I had also received a call from a prospective Steeplechase owner who did not want the trail where it was marked. We had our Annual Homeowner Meeting after I received your letter of August 31. At that time, because the Board felt it was impor- tant that we knew their opinion, I asked the homeowners how they felt about the trail extension. I tried to lay it out in as neutral a manner as possible. I was surprised when many homeowners vehemently opposed the extension, and the result of an informal vote was unanimously against it. Mr. Boyles explained that the City's plan calls for trail access to as many communities as possible and that the City is committed to this. We also discussed the apparent wish of Chelsea Woods to have the trail extended. They have never informed us of their wishes. At this point, especially because the homeowners feel the way they do, our Board cannot agree to extending the trail through Chelsea Mews. If we had been informed before the Lundgren property was layed out, it would have been a much easier thing to design the path so that it could have connected with the Mews straight down the "T" of Zanzibar. At that point, Mews homeowners would pro- bably not have had any problems with it. We did point out to Mr. Boyles that, if Chelsea Woods desires the trail extension, that perhaps it could be connected at Archer Court in Chelsea Woods. I wish we could be more cooperative. Please keep us informed on this matter. Sincerely, C�-�11U-1-tk- J �Y, Karen Fox, President Chelsea Mews Association cc: Frank Boyles . iELSEA MEWS ASSOCIATION • Eric Blank City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Blank: Re: Trail Extension into Chelsea Mews PLYMOUTH, MINNESOTA 55447 July 30, 1990 I'm sorry I did not get a chance to talk with you, but we kept missing each other on the phone, so I had to just leave the message. As I said, the Chelsea Mews Board met and voted not to accept the trail extension as it is now staked out. In fact, the Board does not want the trail extended into the Mews in any of the places we had talked about. We have recently received protests from Lundgren Bros. and from a prospective buyer of a Lundgren property. We previously had received protests from several of our homeowners who live where the originally planned trail extension would have come out onto our Zanzibar. In addition, either location of the trail extension would affect trees and other vegetation. We have been working very hard to maintain and, in fact, augment the amount of vegetation as we feel it is a big selling point for the Mews. To purposely remove greenery goes against our overall philosophy. We believe there already exists very adequate access to the trail system all around us and that there is really no need for trail access through the Mews. We hope you will agree. Please keep us informed. Sincerely, Karen Fox, President Chelsea Mews Association 0 August 31, 1990 Ms. Karen Fox CHELSEA MEWS HOA 1860 Zanzibar Lane Plymouth, MN 55447 Dear Ms. Fox: It is my understanding that your association opposes the extension of a public trail from the Steeplechase Addition to the Chelsea Woods development which would go through and across Chelsea Mews property. I appreciate the concern your members may have with respect to a public trail entering your neighborhood. On the other hand, I also recognize the importance of providing safe and efficient pedestrian access between neighborhoods in order that people may travel from place to place without relying on motor vehicles. Eric Blank and I would appreciate having the opportunity of meeting with your board and/or your membership to discuss this matter more fully. We believe that your own Chelsea Mews development and certainly the greater Chelsea Woods neighborhood area would benefit by having access to a trail connecting Chelsea Woods with the Steeplechase Addition. ' The City is prepared to work with your board to develop the most appropriate and safe access and to pay for the construction of the trail once an alignment has been established. I would appreciate your contacting me as to when it would be convenient to meet with your board and/or membership to discuss this matter more fully. Thank you. Yours truly, y.s ' c es G. Willis C ty Manager JW:kec cc: Mayor & City Council Eric Blank, Director of Park and Recreation 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 J C� CITY OF PLYMOUTH - September 27, 1990 Ms. Karen Fox Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 Dear Ms. Fox: ' I am writing to following up on my letter of August 31 with respect to the public trail issue. I recognize this is a busy time of year, however, I do believe it would be useful if we could meet with your board and/or membership to discuss this issue more fully. Please contact me at your convenience in order that we can set up a mutually convenient meeting time. Yours truly, J mes G. Willis Ci y Manager JW:kec cc: 10/20/90 j da. /'�- -1 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 October 26, 1990 Ms. Karen Fox Chelsea Mews HOA 1860 Zanzibar Lane Plymouth, MN 55447 Dear Ms. Fox: CIN OF PLYMOUTI-F Thank you for providing Frank Boyles the opportunity of meeting with your association on October 15. Frank appreciated having the opportunity of visiting with your group and sharing with you the City's interest in working with you and your neighbors on extending a pedestrian trail through your development. I have received your. letter of October 22 which also bears on this subject. At the time the Lundgren plat for the Steeplechase Third Addition was being approved, you and your neighbors were notified of the platting action and had the opportunity of becoming acquainted with the plan, including the proposed trail. The trail was not unilaterally added by the City at a later date, but was, in fact, considered a part of that plat as a means of providing access to the Chelsea Woods community. You may recall, prior to the development of the property that the City's trail plan contemplated the construction of the trail along the north side of Chelsea Woods from Dunkirk to Vicksburg Lanes. That plan was modified at the request of Lundgren Brothers at the time they came forward with their initial plans for their planned unit development. The trail linking Chelsea Woods and Steeplechase via the outlot in question in the Steeplechase Third Addition was a means of assuring access from Chelsea Woods to the east/west trail located on 22nd Avenue. If a willingness exists on the part of your association to provide public trail access through your development, I am confident we can find a workable solution. My concern is that your letter suggests that may not be the case. If I have misunderstood your position in this matter, I would appreciate hearing from you. Yours truly, C a Q s G. Willis . ec cc: Mayor & City Council Chelsea Woods HOA Lundgren Brothers 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 -•/4' - C - ^;fes^ ,• _. �'�� OA 4i •�' \�� •� Y. jC S "'.'' mob•: • .� fir_.: S'•'�-,•d�' .t ✓ � " � 'y �'� �'1� �� l^ ;•� .• •+yam• � ,JfJ � ���, "�� '% '•/• �' . \� _ '� �� - 3� .v � ��i� tea :�'V J�. t�''�.`•�l�kl\ l� • I r � - ��' , � eyr-'.tl t;< .• �':. -.�_ •, t. , ^ �-`� �., :_ .�. �ti .- Vii_ .�. `' t ` Al i • . `� ���� �j�t I / + � � .. �` tS ��,� \ tt 1i '�.'�`a`��h 4 �.%: . _:•iil,�,i - .K ac . i. 7. � ,. } `.` )��,�I Kms' ' �•I' .{`� '��"•Ii'!-�,�+- -` •� �'R- -'v(� •/,\ w , '� • f ��, ,�'-� ` •r�iri•� �-- ---- doz.AMA l.l� �"�e�,� `� • �r..d_y� .'�i•`�`r"tao' _5► , �" _ 4" i�> - _ %� ,.p.. .�. �� �•/: i�,�,..�1C --says.-.`:d/ r + - t . � - _� ���',ia - !'• t ' h �-: �', ice. ^` t` - :a.- �" �� .4�~ • ���� ,•mow' _N._r►: t - .r Kw .:r• . A'S.y' a ` AL re� f •~ i.>. �� T • �r t is ' j • `• Jam•/ '. \ �'' . ? � _ii • �y TW 1 N\/VEST CHAMBER OF COMMERCE May 28, 1992 Mr. James Willis City of Plymouth 3400 Plymouth Boulevard Plymouth MN 55447 Dear James, Thank you for hosting Plymouth's "State of the City Coffee Break." This event plays a critical role in our "Local Focus" efforts and they would not be successful without your support and commitment. Our members enjoyed the "inside look" you provided them of the City. Our members often state that the City Coffee Breaks are the most educational networking program we offer all year. Thanks again for your support. I'm looking forward to your continued involvement in TwinWest. Sincerely rry S. Dowell President LSD:mg 10550 WAYZATA BOULEVARD ♦ MINNETONKA, MINNESOTA 55343 ♦ (612)540-0234 Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth, St. Louis Park Voice Mail Message received from Arlene Johnson: 5/28/92; 4:58 p.m. Jim, it's Arlene Johnson, and I'm -just looking over the Plymouth Sun Sailor from May 20 and really would like to get a message to all the City Council as well as everybody on the Charter Commission. When it says that the Charter is not going to ... we will have no right as citizens to object to "city building projects", I would definitely like a clarification of this. If this means that -a city council, carbon copy of the one we had a couple of years ago, can propose and take funds out of that same account that is still there and build a $13 million taj mahal rec center, then I'm going to work my darndest to defeat this thing. And the whole purpose of having the city charter written was to prevent those kind of shenanigans and yet it looks like that particular issue is not even addressed. Anyway, get that message to the Charter Commission because I will be very, very upset if they give the City Council the authority to appropriate city building projects like that. Thank you. -