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Council Information Memorandum 06-19-1992
♦yv - A 2 CITY OF PLYMOUT14 CITY COUNCIL INFORMATIONAL MEMORANDUM JUNE 199 1992 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR JUNE & JULY: JUNE 22 7:00 P.M. JOINT PLYMOUTH/MAPLE GROVE COUNCIL STUDY MEETING Council Conference Room A copy of the meeting agenda is attached. -------------------------------------------------------- JULY 6 7:00 P.M. COUNCIL MEETING Council Chambers JULY 20 6:30 P.M. PLYMOUTH FORUM Council Chambers COUNCIL MEETING Council Chambers 2. FINANCIAL ADVISORY COMMITTEE -- Wednesday, June 24, 7:30 A.M., Council conference room. The meeting will be with the Finance, Budget, and Administration subcommittee of the Plymouth Charter Commission. The purpose of the meeting will be to review and discuss Section 7.14 of the draft charter. 3. PLANNING COMMISSION -- Wednesday, June 24, City Council chambers. The Planning Commission Forum will begin at 6:45 p.m., with the regular Commission meeting following at 7:00 p.m. Agenda attached. (M-3) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM June 19, 1992 Page 2 4. MUSIC IN PLYMOUTH -- Wednesday, July 1. A news release from the Plymouth Civic League is attached. (M-4). 5. MEETING CALENDARS -- City Center and City Council calendars for JUNE, JULY and AUGUST are attached. (M-5) FOR YOUR INFORMATION..... 1. DRAFT PERMANENT TREE AND BRUSH OPEN BURNING SITE PERMIT -- For some months now, Mark Peterson and Frank Boyles have been working with the Minnesota Pollution Control Agency in an effort to secure a permanent variance from Minnesota rules with respect to the City's diseased tree burn permit. New rules provide that no burn location may, be within 800 feet from any public roadway. The City's site is approximately 700 feet from a roadway. The site, however, has received variances from this provision in previous years. On June 30, the Minnesota Pollution Control Agency will conduct a public hearing to determine whether the permanent variance should be granted. Mark Peterson will attend. From our discussions with the MPCA staff, we are optimistic that the City will receive a permanent variance to allow us to continue to burn diseased shade trees. If the variance is not granted, the City would have to revise its shade tree program or incur a substantial cost increase. Czr_-�) 2. UNION CERTIFICATION ELECTION -- The Bureau of Mediation Services has ordered a mail -ballot election for all clerical, technical, and professional employees of the City who are public employees within the statutory definition, but who are not supervisory or confidential employees. Ballots will be mailed to employees at their home address on Monday, June 29,' 1992, and must be returned to the Bureau of Mediation Services by Monday, July 13, 1992. Tabulation of the ballots will take place on Tuesday, July 14, at 9:00 a.m. in the office of the Bureau of Mediation Services. Attached is a copy of the Bureau's Certification Unit Determination, and Mail Ballot Election Order. (I-2) 3. HEALTH & HUMAN SERVICES CAMPUS -- At a press conference held today at the Plymouth City Center, Abbott Northwestern Hospital and North Memorial Medical Center announced plans to develop 40 acres on the northeast corner of I-494 and Highway 55 as a regional health and human services campus. The "West Suburban Health Campus" will initially include day surgery and outpatient CITY COUNCIL INFORMATION MEMORANDUM June 19, 1992 Page 3 services, pharmacy, laboratory and diagnostic services, and offices for physicians. Future plans include urgent care services, senior services, child care and health fitness facilities. A copy of the press release is attached. (I-3) 4. WATER METER OVERSIZING CHARGE -- Attached is a memorandum from Dale Hahn explaining the City's water meter oversizing charge. The Council had requested this information following a complaint that a homeowner association should not have to pay the fee, when the association only uses the meter during the summer months. (I-4) 5. ROUNDING UP UTILITY PAYMENTS -- In response an inquiry by the Mayor, Dale Hahn contacted the City of Roseville for information on their utility payment rounding up plan. The Roseville Council adopted a voluntary "Round -Up for the Environment" program, whereby residents may donate toward an environment fund by paying their utility bills at the next higher dollar amount. Attached is a memo from Dale Hahn on -his discussions with the City of Roseville. (I-5) 6. 1992 STREET RECONSTRUCTION PROGRAM -- Attached is the 1992 street reconstruction marketing plan. It shows progress to date in communicating with residents on reconstruction in their area. The plan has proven to be helpful in planning communication efforts. (I-6) 7. ATTORNEY BILLINGS: a. As requested by the Council, attached is a copy of Steve Tallen's bill for legal services. (I -7a) b. Best & Flanagan's monthly summary for May. (I -7b) 8. DEPARTMENT REPORTS -- Monthly activity reports for May for the Planning and Building Divisions are attached. (I-8) 9. NEWS ARTICLE -- Councilmember Vasiliou has provided the attached article, "Driver Behavior At Intersections" for the Council. The article appeared in the American City & County magazine, June 1992 issue. (I-9) 10. ELM CREEK WATERSHED MANAGEMENT COMMISSION -- Attached for the Council's information: a. May 13, 1992 Minutes b. 1991 Audit Report c. 1993 Budget (I-10) CITY COUNCIL INFORMATION MEMORANDUM June 19, 1992 Page 4 11. PLYMOUTH EMPLOYEES -- I received the following correspondence on Plymouth employees: a. Letter from J. W. Gassner, Embassy Homes. (I-11) 12. CORRESPONDENCE: a. Letter from Dorothy Pagelkopf, 800 Windemere Drive, concerning the speed of traffic on 6th Avenue North to Sycamore, and Windemere Drive. (I -12a) b. Letter from Thomas Finn, 15900 14th Avenue North, regarding the cutting- of grass on city street and trail right-of-way which is adjacent to his property. A response to Mr. Finn from Frank Boyles is attached. ,(I -12b) c. Letter from Buick and Teresa Alavy, 12210 51st Avenue North, regarding the Soo Line train whistle. (I -12c) d. Letter to Mayor and Council, from Lori Dietrich and Steven Piazza, 13410 36th Avenue North, in opposition to the Goff Homes town home development. (I -12d) James G. Willis City Manager PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center WEDNESDAY, JUNE 24, 1992 3400 Plymouth Boulevard CITY COUNCIL CHAMBERS 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. Medicine Lake Lutheran Church and Academy. Site Plan, Conditional Use Permit and Variance located at the southwest corner of Zachary Lane and Old Rockford Road (92040) B. James and Mary Maas. Amendment to the Planned Unit Development Plan and Conditional Use Permit for an enclosed porch to encroach within 21 feet of the rear property line at 4850 Evergreen Lane North (92043) C. Spike Wellman and Bob VanderAarde. Conditional Use Permit for a recreation facility in the Plymouth Plaza Shopping Center at 1455 County Road 101 (92047) D. Independent School District 284. Renewal of Conditional Use Permit to allow the extension of use of a temporary classroom building at Greenwood Elementary School at 3635 State Highway 101 (90112) E. Independent School District 284. Renewal of Conditional Use Permit to allow the extension of use of a temporary classroom building at Birchview-Elementary School at 425 Ranchview Lane (90113) 5: NEW BUSINESS * A. Vicki Siskin. Final Plat for 10 single family lots and Variance from the front yard setback for two lots located at the north side of Sunset Trail, west of Deerwood Lane North (92020) * B. J -Mark. Site Plan for a 38,226 square foot warehouse addition at 2790 Ranchview Lane (92045) * C. King Videocable. Planned Unit Development Site Plan Amendment to install a freestanding satellite dish at the southeast corner 'of Vicksburg Lane and County Road 9 (92044) 6. OLD BUSINESS - DISCUSSION ITEMS: A. Planned Unit Development 7. ADJOURNMENT M- L\ The Plymouth Civic hea�tte 3400 Plymouth Boulevard Plymouth. Minnesota 55447 CONTACTS: LaVonne Sjoberg 559-3800 Sue Jackson 559-5200 FOR IMMEDIATE RELEASE Wednesday, July 1 st the Plymouth Civic League will sponsor the 20th Anniversary of Music in Plymouth featuring the Minnesota Orchestra performing in the natural amphitheater next to Plymouth City Hall located at 3400 Plymouth Boulevard, north of Hwy. 55 and about one mile west of 1-494. Music in Plymouth is designed as a family event to enjoy the Minnesota Orchestra's Symphony for the Cities program and our Minnesota summer evening skies. On the occasion of the 20th anniversary, Music in Plymouth will also include the Rockin Hollywoods and Moore by Four. Everyone is encouraged to bring picnics, blankets and lawn chairs to enjoy all the entertainment. Concessions will be available for concert goers, too. Food donations for the local foodshelves will be accepted. The evening's entertainment, guided by Mike Fairbourne, will begin about 5:30 pm, and include the Wayzata Trojets and High School Flag Twirlers, and the Brian Bora Bag Pipe band. The Minnesota Orchestra will perform about 8:30 pm, and the final event of the evening will be a grand display of fireworks. -30- COUNCIL CALENDAR: JUNE 22 - JULY 5 June -July 1992 June 22 MONDAY 7:OOpm JOINT PLYMOUTH/MAPLE GROVE': COUNCIL MEETING June 23 June 24 WEDNESDAY 7:30am **FINANCIAL ADVISORY COMMITTEE MUSIC IN PLYMOUTH 6:45pm PLAN FORUM 7:OOpm PLAN COMM. June 25 June 26 June 27 June 28 June July M T W T F S S 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 *Revised Meeting/Event **New Meeting/Event 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 291 June 301 July 11 July 21 A 1 6/19/1992 m -s COUNCIL CALENDAR: JULY 6 - 19 July 1992 July 6 MONDAY 7.00pm COUNCIL MEETING 11 7:00pm CHARTER COMMISSION July 7 7:00pm WATER QUALITY COMMITTEE July 8 C 7:30am FINANCIAL ADVISORY COMMITTEE 7:30pm PLANNING COMMISSION July 9 7:00pm PRAC July 10 )AY,-'- 7:00pm BOARD OF ZONING ESDAY THURSDAY: . I",1 July 13 July 14 July 15 1 July 161 July 17 *Revised Meeting/Event **New Meeting/Event August 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 6/19/1992 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 August 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 6/19/1992 COUNCIL CALENDAR: JULY 20 - AUGUST 2 July -August 1992 July 20 .MONDAY 6:30pm PLYMOUTH FORUM 7:00pm COUNCIL MEETING July 21 6:30pm HRA July 22 6:45pm PLAN FORUM 7:00pm PLAN COMM. July 23 July 24 July 25 July 26 - ,,...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 *Revised Meeting/Event **New Meeting/Event ESDAY NESDAY TH U RS DAY FRIDAY ,.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 July 27 July 281 July 291 July 301 July 311 6/19/1992 W 0-4 -gel U z w U u Lf) 7— T— lc,i Im co IN co 0 LLI,- V, C%J F- CY a) CD V) cv) CD CY c0 10 < 0 < Ce cd r: co 1 W N cn Nto co w D 0 IR OD Lf) F- O.z 0 T— C\l 0 z Z ZC) < 0 0 Z Q- u z < z L14 u < Z>.wzz .4 z 0 0 cn N 0 Ei C-1 E E5:2 00 :R u 0 00 o in < u cn cl. 0 00 o qt cn u t Cir- T— r- I;r T— Nr- \0 r- co 0 LLI,- V, C%J F- CY a) CD V) cv) CD CY c0 10 < 0 < Ce cd to cl) 40 t, co 1 W N cn Nto co w D 00 Z F- O.z 0 I 1 20 CM N r- to m u T- CV) C\l M F. Z 0 C4 0 a z 0 0 u U0 0 'un '": t C:4) J > 0 -g.� w M (n U 8 80 Na) CC) C\l C\l Ua� co 'It ;: � 'COM LLI,- V, C%J F- CY a) CD V) cv) CD CY c0 10 N co Cj to cl) 40 t, co 1 W N cn Nto cn N M to OJ M 0 0) U -CO U) N @ cq cq00 M 0 tN" W-- N to c4 a) co cq "I LC04 0 z_ z Oz P 0 -COrNN LL n IT N N f' OCl) NN 7 3) tANa)N 7 C/) O N co O n N N0)f0 NM AD_ S. N z s N T V \ W N O c � x o z W w 3 a, s>2 5� oD000 m a� tnO$O w¢UU O N N � N r U w O � w ?" 00 Jaz x oau oN r M O (�r- CQ N U z O' „a as :V' r: w Ce) w CO C\l a o z 0 -COrNN LL n IT N N f' OCl) NN 7 3) tANa)N 7 N Q) tD 4 8 O N co O n N N0)f0 NM N 0% C� 0 z w W 3 w z V z r. w w A W W CO r N N U CM 0) N 3 3 N O^ N N Q) tD 4 8 .— W r N N N N N 0% C� 0 z w W 3 w z V z r. w w A W W a D W a D UD F- a D z 0 2 } a D z D 0 z P w W z c� z H w w A W w x N aU a E a �� 000 CV) O f� Cp Lo' N N N O Cn "' r' .a (� N N LL M O r '0' M LONrnN z Z wzz z z NmtCNM Z a� LL IT C N ' a s �3 ,-oo�NN H n. - N N C55� ¢2 CV OM. Q Ou cn u a) NOOO V 2O �2 N LO N M O T N r r CV to r c N F w O 3 N MCo N ¢�H 00a N — Cl 3a �z x CL c.Q M. gO M N N U rg �LD E... -- LA CV r. - OD OD U.::. P r N N cor22N 0 z P w W z c� z H w w A W w x aU a E a �� CV) O f� Cp r N N .a (� LL M O r '0' M z Z wzz z z NmtCNM Z a� a s �3 ,-oo�NN H n. - N N C55� ¢2 CV OM. Q Ou cn u a) NOOO V 2O �2 N LO r r CV to r c N w O x w ¢�H 00a 3a �z x c.Q M. gO az N U rg O� n LA CV U.::. P 0 U a �. Ew Ew o•� a EA arx a.w O g v 00 M M: `O N C4) N :.' CA::::.':' ::.' :.. �.'' ., :.. CV :.: CV) 0 z P w W z c� z H w w A W w x i cefebration, Z 0 Minnesota Pollution Control Agency Celebrating our 25th anniversary and the 20th anniversary of the Clean Water Act June 4, 1992 Hr. Frank Boyles, Administrator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Boyles: i . JUN RE: DRAFT PERMANENT TREE AND BRUSH OPEN BURNING SITE PERMIT Enclosed please find a draft copy of Permit No. 05 -92 -PLY for the operation of permanent tree and brush site located at 14900 23rd Avenue North in Plymouth, Minnesota. Please review the draft and submit your comments by June 12, 1992. Should you have any further questions feel free to contact me at (612)296-6707. Sincerely, cq 'line M. Deneen Compliance Determination Unit Compliance and Enforcement Section Air Quality Division JMD:lmb Enclosure cc: Plymouth City File Open Burning File 520 Lafayette Rd.; St. Paul, MN 55155-3898; (612) 296-6300; Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer• Printed on Recycled Paper PERMANENT TREE AND BRUSH OPEN BURNING SITE PERMIT PERMIT NO. 05 -92 -PLY zl DRAFT Pursuant to Minn. Stat. chs. 115 and 116 and Minn. Rules pts. 7005.0705 to 7005.0815, a permanent tree and brush open burning site permit is hereby issued to the City of Plymouth (hereinafter Permittee): City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Hennepin County for open burning of: Trees and brush generated from the City of Plymouth's diseased tree removal; and Trees and brush generated from citizens of the City of Plymouth. at the following location: City owned property at 14900 23rd Avenue North Plymouth, Minnesota at the following time(s): The permit is effective for a term of one (1) year starting on the date issued by the Commissioner. This permit authorizes the open burning described above at the time and location specified, and is subject to the general and special conditions on the attached pages. DATE OF ISSUANCE: Michael J. Sandusky, Manager Compliance and Enforcement Section Air Quality Division for Charles W. Williams Commissioner Minnesota Pollution Control Agency ®RAFT Page12 of5692-PLY x Table of Contents for Openw Burning Permit No. 05 -92 -PLY Page No. 1.0 SITE DESCRIPTION....................................................3 1.1 Definitions.....................................................3 2.0 GENERAL CONDITIONS..................................................3 3.0 SPECIAL CONDITIONS..................................................5 4.0 SUBMITTALS SUMMARY..................................................5 5.0 REISSUANCE OF PERMIT................................................6 6.0 ATTACHMENTS.........................................................6 6.1 Site Map 6.2 Rule Variance DRAFT Permit X05 -92 -PLY Page 3of 6 1.0 Site Description The following is a general description of the permitted site. Material changes from the activities described require an amendment of this permit. This permit allows the operation of a permanent tree and brush open burning site located at the Public Works Garage, 14900 23rd Avenue North in -Plymouth, Minnesota. Burning is conducted in the burn area located approximately 1000 feet from any occupied structure and 800 feet from a public roadway. The Agency has authorized a variance allowing operation of the site within 800 feet from a public roadway. Trees and brush burned at the site consists of diseased trees removed from the City's parks and similar material disposed of by the citizens of the City. 2,500 to 3,000 trees each year are disposed of at the site. 1.1 Definitions Definition of terms used in this permit are defined below: Agency.....................................Minnesota Pollution Control Agency Ash Storage Area ...........................Area designated on Site Map (Part 6. of this Permit) Commissioner...............................Commissioner, Minnesota Pollution Control Agency Burn Area..................................Area designated on Site Map (Part 6.1 of this Permit) Local Authority............................Plymouth Fire Chief or his representative Log Submittal..............................Quarterly report submittal to the Agency Site.......................................Area designated on Site Map (Part 6.1 of this Permit) Variance...................................Rule variance granted June 23, 1992, by the MPCA Board (Part 6.2 of this Permit) 2.0 General Conditions The Permittee shall comply with the following general conditions: 2.1 Only trees, tree trimmings, or brush shall be permitted to be burned at a permanent open burning site. Minn. Rules pt. 7005.0815 subp. 2. . 2.2 Only trees, tree trimmings, or brush that cannot be disposed of by an alternative method such as chipping, composting, or other method, shall be permitted to be burned at a permanent open burning site. Minn. Rules pt. 7005.0815, subp. 3. t71 4 Permit #05 92 PLY Page 4 of 6 2.3 The prevailing wind at the time of,the burning must be away from nearby residences and occupied buildings. Minn. Rules pt. 7005.0715, subp. 4, item A. 2.4 A qualified attendant must be on duty at all times when the Site is open for disposal of material to be burned and for the duration of any fire on the Site. Minn. Rules pt. 7005.0815, subp. 5, item A. 2.5 Access to the Site must be controlled through a gate that is locked when the attendant is not on duty. Minn. Rules pt. 7005.0815, subp. 5, item B. 2.6 A permanent sign indicating the times of operation, rates, the penalty for nonconforming dumping, and other pertinent information of use to the public must be posted at the Site entrance. Minn. Rules pt. 7005.0815, subp. 5, item C. 2.7 Burning and Ash Storage Areas must be designated and maintained. Minn. Rules pt. 7005.0815, subp. 5, item D. 2.8 Surface water drainage must be diverted around and away from the burning and Ash Storage Areas. Minn. Rules pt. 7005.0815,�subp. 5, item E. 2.9 The burning must not be conducted during the duration of an agency -declared air pollution alert, warning, emergency, or significant harm episode as outlined in Minn. Rules pts. 7005.2950 to 7005.3006; Minn. Stat. § 116.11; Code of Federal Regulations, title 40, part 51, subp. H; or Code of Federal Regulations, title 40, section 52.1220 (c)(1). 2.10 Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start the burning. Minn. Rules pt. 7005.0715, subp. 4, item G. 2.11 Fugitive ash emissions must be controlled and ash residue must be collected periodically and disposed of according to Special Condition 3.5. Minn. Rules pt. 7005.0815,•subp. 5, item H. . 2.12 The fire must not be allowed to smolder with no flame present. Minn. Rules pt. 7005.0815, subp. 5, item I. 2.13 Fugitive dust emissions from access roads and the Site must be controlled as required by Minn. Rules pt. 7005.0550. Minn. Rules pt. 7005.0815, subp. 5, item J. 2.14 When authorized by Minn. Stat. § 115.04; 115B.17, subd. 4; and 116.091, and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the Permittee to enter at reasonable times upon the property of the Permittee to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation.of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit. _:I—\ • Permit #05 -92 -PLY Page 5 of 6 3.0 Special Conditions The Permittee shall comply with the following special conditions: 3.1 If the MPCA declares an air pollution alert, warning, emergency or significant harm episode during the time the burning authorized by this permit is taking place, the person conducting the burning shall extinguish the fire as soon as possible according to the plan outlined in Special Condition 3.4. 3.2 The burning must be conducted in the Burn Area (as shown in Part 6.1 of this Permit). 3.3 The ash must be disposed of at an agency -permitted solid waste land disposal facility at least twice yearly. 3.4 The burn pile must not be larger than 25 feet by 25 feet by 10 feet. Only ONE (1) pile may be burning at a given time. 3.5 The following plan will be instituted if the fire is to be extinguished due to verified citizen complaints, an agency -declared air pollution episode, a wildfire threat, or declared burning ban: a) The burning material will be pulled apart by the appropriate equipment to decrease ignition of material. b) The operator will extinguish the fire with water or dirt/soil/sand as appropriate until the fire is completely extinguished. c) The fire must be completely extinguished within four (4) hours of the Agency request. If the fire is not completely extinguished, the Agency will dispatch the appropriate fire authorities for extinguishment of the fire. The Permittee shall pay any associated fee charged by the fire authorities for extinguishment. 3.6 Burning is allowed a maximum of ten (10) weekends (Saturday and Sundays only) for the duration of the permit. 3.7 A chain link fence surrounding the site shall be installed within 45 days of permit issuance. 4.0 Submittals Submittals Su mmaa The Permittee shall submit the following reports or documents according to the times stated: 4.1 A report, within 60 days of permit issuance, stating the chain link fence installation date. 4.2 A log including permit number, the burn dates and amount of material for each burn.) Log submittals shall be made to the Minnesota Pollution Control Agency, Air Quality Division, on or before: July 30, 1992; November 30, 1992; January 30, 1993; and April 30, 1993. Permit #05 -92 -PLY Page 6 of 6 .s � L'L 5.0 Reissuance of Permit I 10 The application for the permit renewal is due to the Agency, Air Quality Division, 90 days prior to permit expiration. The permit will be reissued in accordance with Minn. Rules pts. 7005.0705 to 7005.0815. 6.0 Attachments 6.1 Site Map 6.2 Rule Variance JMD:lmb BUREAU OF MEDLATIO\ SEWCES t,iate tit X1innL,!,0t,1 IN THE MATTER OF A PETITION FOR INVESTIGATION AND DETERMINATION OF PUBLIC EMPLOYEES' APPROPRIATE UNIT AND EXCLUSIVE REPRESENTATIVE June 17, 1992 American Federation of State, County and Municipal Employees, Council No. 14, St. Paul, Minnesota - and - City of Plymouth, Minnesota BMS Case No. 92 -PCE -1968 BEFORE: James R. Jarvinen, Hearing Officer CERTIFICATION UNIT DETERMINATION INTRODUCTION On June 12, 1992, the State of Minnesota, Bureau of Mediation Services (Bureau), conducted a hearing pursuant to a petition filed by the American Federation of State, County and Municipal Employees, Council No. 14, St. Paul, Minnesota (Council 14). The petition requested determination of an appropriate unit and certification as exclusive representative for,certain employees of the City of Plymouth, Minnesota (City). APPEARANCES At the hearing Mr. Jerry Serfling, Staff Representative, appeared on behalf of Council 14; and Ms. Jeanette Sobania, Personnel Coordinator, appeared on behalf of the City. STIPULATIONS OF THE PARTIES At the hearing the parties agreed to the following: it,12t (A-;421 FAV (,.12) (,+1-1013 13 -So Ener,;%• Lane • tuitu if_' • St. fail. MN 55ION-5'_33 An Equal Opportunity Employer C2�wn Certification Unit Determination BMS Case No. `92 -PCE -1968 If Page 2 ... June 17, 1992 1. The description of the appropriate unit. 2. The list of employees falling within the• appropriate unit. 3. A mail -ballot election should be conducted by the Bureau if Council 14 has submitted the required showing of interest. 4. The cut-off date for voter eligibility is June.12, 1992. ISSUES 1. Are the Stipulations of the Parties appropriate? 2. Has Council 14 submitted the required showing of interest to warrant the conduct of an election? FINDINGS AND ORDERS 1. The Stipulations of the Parties are appropriate. 2. Council 14 has submitted the required showing of interest through valid authorization cards to warrant the conduct of an election. 3. The appropriate unit is described as: All clerical, technical, and professional employees of the City of Plymouth, Minne- sota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. 4. The Bureau shall conduct a mail -ballot election among the employees falling within the appropriate unit in accordance with the attached Mail Ballot Election Order. Certification Unit Determination BMS Case No. 92 -PCE -1968 Page 3 ... June 17, 1992 5. The City shall post this Order at.the work locations of all employees involved. STATE OF MINNESOTA Bureau of Mediation Services PETER E. OBE YER, Commissioner JLJ cc: Jerry Serfling Jeanette Sobania (2) (Includes Posting Copy) -,D,— � L 11,Z%L 0 F \1FDIA110\ -:E 1C -,-- IN THE MATTER OF A PETITION FOR INVESTIGATION -AND DETERMINATION OF PUBLIC EMPLOYEES' APPROPRIATE UNIT AND EXCLUSIVE REPRESENTATIVE June 17, 1992 American Federation of State, County and Municipal Employees, Council No. 14, St. Paul, Minnesota - and - City of Plymouth, Minnesota BMS Case No. 92 -PCE -1968 PREPARED BY: Janet L. Johnson, Representation Specialist MAIL BALLOT ELECTION ORDER The Bureau of Mediation Services, State of Minnesota, orders that a mail -ballot election be held, absent any objections filed by the parties, in the unit of: All clerical. technical. and professional employees of the City of Plymouth, Minne- sota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. ELIGIBILITY DATE The cut-off date used to determine eligibility to vote is June 12, 1992. - =deo Mail Ballot Election Order BMS Case No. 92 -PCE -1968 Page 2 ... June 17, 1992 CORRECTION OF VOTER ELIGIBILITY LIST The Representation Unit Director shall determine questions concerning the addition or deletion of names on the voter eligibility list. The parties to this election and involved employees are instructed to review the list of eligible voters and to notify the Bureau of any errors or omissions immediately upon receipt of this Order. The employer shall furnish in quadruplicate a list of all employees whose employment has been terminated between the eligibility date and the date of the election contained in this Order and the effective date of such terminations. The list of terminations must be received by the Bureau immediately prior to the tabulation of the ballots. BALLOTS Ballots will be mailed to the eligible employees at the home addresses supplied by the employer, together with a letter of explanation and a stamped, self-addressed return envelope. Ballots will be mailed on Monday, June 29, 1992, and must be returned to the Bureau of Mediation Services, 1380 Energy Lane, Suite No. 2, St. Paul, Minnesota 55108-5253, in the envelopes furnished for that purpose in order to be counted. Any eligible employee who has not received their ballot by Friday, July 3, 1992, may personally call the Bureau at 649-5426 and request that a second ballot be mailed to them. All ballots must be returned to the Bureau offide no later than 4:30 p.m., on Monday, July 13, 1992. OBSERVERS Each of the parties to this Order may designate a single observer to be present at the tabulation of the ballots. The observers should be at the tabulation location one-half (1/2) hour prior to the tabulation of the ballots. TABULATION Tabulation of the ballots will be conducted in the office of the Bureau of Mediation Services, 1380 Energy Lane, Suite No. 2, St. Paul, Minnesota, on Tuesday, July 14, 1992, at 9:00 a.m. Mail Ballot Election Order BMS Case No. 92 -PCE -1968 Page 3 ... June 17, 1992 CAMPAIGNING There shall be no campaigning by the employee organization, or by the employer on or after the date ballots are mailed by the Bureau. POSTING OF ORDER This Election Order, the Employee Eligibility Lists, and the Sample Ballots shall be posted by the employer immediately upon receipt in a prominent place at the work location(s) of all employees involved. STATE OF MINNESOTA Bureau of Mediation Services JANET L. JOHNSON, Representation Specialist JLJ cc: Jerry Serfling Jeanette Sobania (2) (Includes Posting Copy) -N- D-1 VOTING ELIGIBILITY LIST The following is a list of employees eligible to vote in an election to be conducted by mail ballot, with the tabulation of the ballots to be held on Tuesday, July 14, 1992, at 9:00 a.m., in the office of the Bureau of Mediation Services, 1380 Energy Lane, Suite 2, St. Paul, Minnesota, who fall within the following appropriate unit:, 16. FOURNIER, DIANE 17. GOODEN, JUDY All clerical, technical, and professional employees of the City of Plymouth, Minne- sota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. 1. ACKLAND, SUE 18. HOHENSTEIN, JEFF 2. AHMANN, MARK 19. HOLM, KAREN 20. HUTT, DENISE 3. BANGLE, GAIL 4. BAST, SUE 21. JOHNSON, BOB 5. BECK, KATHLEEN 22. JOHNSON, DARRELL 6. BRUNING, MARK 23. JOHNSON, KEN 7. BYE, NANCY 24. KAZIMER, GLADYS 8. CAMPBELL, DAN 25. KEHO. JOHN 9. CARROLL, MIKE 26. KILIAN, DON 10. CHRISTIANSON, SALLY 27. KRAEMER, LORI 11. CORCORAN, CHRISTINE 28. KRISKO, VAL 29. KULESA, WARREN 12. DALE, MILT 13. DEUTH, STEPHEN 30. LAFAVE, HELEN 31. LANTHIER, DENISE 14. ECKER, CONNIE 32. LEUER, KEVIN 33. LUESSE, DEBRA 15. FINN, GREG 34. LUTTER, KARLEEN 16. FOURNIER, DIANE 17. GOODEN, JUDY Voting Eligibility List Page 2 35. MC CORMICK, JOAN 36. MC LEAREN, GLENN 37. MC NAMARA, TINA 38. MITCHELL, ALAN 39. MOHR, SHARON 40. OLSON, DIANNA 41. OLSSON, JAN 42. PEDERSON, NANCY 43. PEMBERTON, BOB 44. POULIOT, DICK 45. PUDLICK, KELLY 46. RASMUSSON, ARNIE 47. SANKEY, DONNA 48. SCHANSBERG, CARLYS 49. SCOFIELD, STAN 50. SHRENS, JENS 51. SULLIVAN, BARRY 52. SYKES, PHILLIP 53. TABERY, JACK 54. TONN, BILL 55. TUFTE, JOHN 56. VACHUSKA, LEE 57. VIGOREN, MARGIE 58. WAGNER, CHRISTINE 59. WARD, TAMMY 60. WENDLAND, JAN 61. WICKLACZ, MYRA 62. WRONSKI, NIA l9l4l=1; k !i1Lv� ',AL BALLO AMPLE L.-- 75M.U-SWE-19EPRESENTATIVE FO Ull 'I'D '92 09:42' Al•I1•1 c;TWLIIIE FAX 61'2, P86, ---- FOR DEV EDIATE Rx'LE SE: , Friday, J FOR MORE INFORMATION: W, Post -it" brand fax transmittal memo 7671F w pasea ► I ` To�J�/ L'll/ From jOIrI GL �i• / Co. /. L YZ lJ� �l Co. �bt) Dept. Phon®N Fax A SSO ' Sd to D Fax e Gloria O'Connell, Abbott Northwestern Hospital, 612-863-4801 or Nancy Miller, North Memorial Medical Center, 612-520-5688 • 1 : Y: : ►I 1 :l 1►/ ; ► 'y : � : u t' : �I� � � � Q 111 �1i1i li Abbott/ i and NorthMemorialAnnounce Partnexs1up Abbott Northwestern Hospital of Minneapolis and North Memorial Medical Center of Robbinsdale today announced plans to jointly develop and operate a regional health and human services campus in Plymouth. The ,announcement was made today at a news conference at the city hall in Plymouth, a suburb located about 15 miles west of Minneapolis. The West Suburban Health Campus is planned for approximately 40 acres on the northeast corner of Interstate 494 and Highway 55. Hospital officials say a wide range of services are being considered, increasing access to community-based health care for the people living in the region. Initial plans include day surgery and outpatient services, pharmacy, laboratory and diagnostic services, and office space for physician clinics. Future plans under review include urgent care services, senior services, child care and health fitness facilities. "This is a unique project, perhaps in the country, both in its joint ownership and also in the innovative mix of services being considered," said Scott Anderson, North's chief executive officer "This is the first major collaborative effort between our two hospitals. This project will reflect the public mandate for cost-effective health care, as evidenced by HealthRight." "Our intention in this cooperative venture is to reduce health care costs and at the same time improve the quality and accessibility of health care in the west suburban region," said Gordon Sprenger, Abbott Northwestern's chief executive officer. TI 111'D 0'9:43 k lld =,THTL I I IE FH:-: 612 t_- Sprenger noted that in recent years, the Plymouth area has experienced considerable population growth, which is projected to continue. He said that early plans by both hospitals to develop separate facilities in the area "made little sense when we can work together, with the city of Plymouth and its greater community, to wake this health and human services campus work." Steven Hillestad, Abbott Northwestern's senior vice president of marketing, one of the project planners, is a long-time Wayzata resident, a community that will be within the health campus' service area. North's Anderson lives in Long Lake. "We've been studying the area statistically for two years, and by personal experience for many more_ This is something that is needed," Hillestad said. The joint venture, with equal ownership by the two hospitals, will be . established as a corporation separate from the two owners, with its own board and management. David Cress, North's executive vice president and one of the project planners, said that "other appropriate partnerships - providing services sanctioned by the new company's board and management - will be established as needed." Construction of facilities for medical and outpatient services should begin in late spring of 1993. Hospital officials say a number of contingencies must be met before the actual establishment of the joint venture, including land acquisition, approvals by the city of Plymouth, and meeting any federal or state regulatory requirements. = tA MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 18, 1992 TO: Frank Boyles, Acting City Manager FROM: Dale E. Hahn, Finance Directo� SUBJECT: WATER METER OVERSIZING CHARGE The City of Plymouth charges a water meter oversizing charge to all accounts that have water meters of 1-1/2" and larger. There is no oversizing charge for meters smaller than 1-1/2". Shown below is a table of the various water meter sizes and the number of accounts by meter size: Number Meter of Oversizing Size Accounts Fee Revenue 1-1/2" 330 $24 $ 7,920 2" 126 36 4,536 3" 72 75 5,400 4" 33 120 3,960 6" 4 240 960 $22,776 The meter oversizing fee was implemented to customers having meter sizes of 1- 1/2" and larger because of the increased demand placed upon the water system over that of the smaller meter customers. These accounts typically use varying volumes of water, however, at certain periods, they can potentially place high demands on the system. It is this potential demand upon the system which requires the City to provide excess capacity throughout the year. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 19, 1992 TO: Frank Boyles, Acting City Manager FROM: Dale E. Hahn, Finance Directoqo"-*, SUBJECT: ROUNDING UP UTILITY PAYMENTS I have spoken with Mayor Bergman regarding the attached article on the City of Roseville's utility payment rounding up plan. He was encouraged that this type of plan may be able to generate additional dollars for tree plantings or other community type improvements. I telephoned Ed Burrell, Finance Director for the City of Roseville, and asked for his comments on the program. He indicated that they do not expect to implement the program until after January 1, 1993. He said there were a lot of details that still needed to be worked out including the method of sign up for the program, utility bill changes, programming, data entry changes, and other internal procedures. He also felt the $14,000 to be generated by their 10,000 utility accounts was extremely optimistic. He indicated that they have been receiving considerable negative communication from residents about the proposed program. The nature of the calls expressed some distrust about the real purpose of the program i.e. Is this just another program to raise taxes. As of today, he was still not sure that the program was going to go ahead. I have called the City Attorney to check the legality of such a program. He indicates there is no reason the City couldn't do this from a legal standpoint. Based upon the information discussed above, I believe this program should be discussed further only after we are able to receive more specific information from Roseville. o Q S' w C u Cda g 5�Goas V T b..e w u•�ISto 44 CIS rdeg pfil.� a �» •g yS e8 "gip .� � a.� 'o .q, I•4QCS9. w�� ��uum�$ �32��u Ty •�� � �• g w o ..'o � oo � � O ,e ..� 0 >, `3 _ .r �,,, G o �� .rte �,ppJ,• ,, Cp y � a •� �„ o� ... 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(d 44 ��1 r -I m > 0b m 04 44.) w w w U CO UU Id aO� v) i m m v v 0� 4.) +, 4.) 4.) m +) a) 4) ro m to ro a (a a ro 10 'a 'ty U 3 m a) m b 3 TS a a a a O m ¢i m a O a r) p p 4) a) OD •ri a) b a) 0m\ 0 O A 0U) O �',N O O O O 4N00 HN O A O-� ri � �� rl 4-) � +t O 01 O U U U U 4.) s~ 4.) 0 U 4-) U •� •,y •� rl tT •r1 •ri H H H H H 'd is 3 V 14 H H� y 4-) 4-) 4.) a) H •rl H 4J a) 4-) m �r m rn m r m OD C N H +) (0 m LO +) u) m a aN 4• H r.H 0N.1.1 Ofd 0 tP 4"N 4.)N 93 (a O 0-1 O--1 01�1 0 a) a) a) m 011. 4)". O H Ua Uw Ur UOot4 $44 am U 3 v a� a r•i b O r•I H tT r•I O O m s~ •,1 H m O rot m 0 �, x M ani i 14 A U 4) 00 0 0 0 0 a) m •ri •ri •r1 •ri rl U : 4) a) a�-+ H H H H E U D $4 :J a) ° a 0, U 5i0 0 93 0 w O H a. U 0U U U UUU Id rn ra H N O I- H H r•1 ri a) a) H u a) a) a) o z 04 P13 I"a STEVEN M. TALLEN ATTORNEY AT LAW 4624 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, 14INNESOTA, 55402 (612) 338-1931 - FACSIMILE: (612) 349-6785 DIRECT DIAL: (612) 349-6035 FOR LEGAL SERVICES RENDERED PL100-11 - Prosecution Office 4/02/92 Letter to Clerk of Appellate Courts re pending appeal. 4/17/92 Telephone conference with defense attorney K. Meshbesher re C. Roitenberg pending DWI, call to Judge Olesky's Clerk re same and re -scheduling of hearing, call back to Meshbesher, call to Best & Flanagan re scheduling. 4/22/92 Letter from defense attorney R. Bartolomei, letter to J. Boyle re Bartolomei and pending case. PL100-120 - Hayes Appeal 4/29/92 Letter to Clerk of Appellate Courts re decision in Beachem case and effect on Hayes decision, research recent Court of Appeals decisions re same. PL100-121 - Hoseth Appeal .5 .8 .8 1.3 4/3/92 Calls to Clerk of Court and Hennepin County 2.7 Archives to obtain copies of Judicial Order in 1982 Hoseth cruelty to animals conviction,. review transcript and Appellant's Brief. 4/04/92 Finish transcript review 4.3 4/05/92 Begin drafting Respondent's Brief 4.7 4/06/92 Go to Hennepin County Law Library to 5.9 research law and obtain copies of 1981 Order of Judge Huspeni relative to constitutionality of animal cruelty laws; work on brief. 4/07/92 Work on brief, research applicable case law. 4.7 4/08/92 Finish brief and send it to printer 5.2 4/17/92 Receive and review Appellant's Motion to Strike Respondent's Brief; Draft responsive memorandum, research issues. 4/20/92 Letter from Clerk of.Appellate Court re oral argument date; finish memo in opposition to motion to strike; Go to Hennepin County Law Library to conduct research re same. 4/29/92 Receive and review Order re Defendant's Motion to Strike. 4/30/92 Letter from Judge D. Huspeni re recusal from appellate panel. PL100-123 - Beachem Appeal 4/28/92 Receive Order Denying Review from Supreme Court; Call to Trial Court Judge re same; Letter to Lieutenant Paulson re same; Office conference with John Boyle re proper procedure on any remaining charges; Telephone conference with defense attorney S. McCloud re same; Telephone conference with and letter to P. Baertschi re same. PL100-125 - Ella Appeal 6.3 2.5 .4 .3 2.9 4/06/92 Telephone conference with Assistant Attorney .9 General J. Watne re consolidating criminal and implied consent cases for oral argument at Court of Appeals; Letter to Watne re same. Total Hours 44.20 @ $75.00 per hour TOTAL FEES Disbursements: PL100-121 Brief Printing - Bachman Printing TOTAL DUE FEES AND DISBURSEMENTS l o/- // o - N $3,315.00 249.60 $3,564.60 7,901.6-3 0 :lient 9300 :ity of Plymouth :400 Plymouth Blvd. Ilymouth, MN 55447 BEST'& FLANAGAN i Attorneys at Law 3500 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402-2113 (612)339-7121 11 MATTER SUMMARY --7b June 15, 1992 Invoice No. 184033-184047 latter Services Disb. Total Billed YTD 120180 Prosecution Office Time $9,075.00 $662.85 $9,737.85 $32,569.54 120181 Prosecution Court Time 41200.00 71.40 4,271.40 20,576:35 120182 Prosecution Complaint Draft 1,800:00 .00 1,800.00 6,653:00 120188 Plat Opinions 308.75 1.40 310.15 2,262.65 )20189 Housing & Redevelopment 314:50 1.00 315:50 6,672:35 ►20191 General - Administration 5,001.75 93.70 5,095:45 17,134.68 )20192 General - Community Develop 1,472.50 5.50 1,478.00 10,121:21 )20193 General - Finance 23.75 .00 23.75 377.50 )20194 General - Public Safety 418.00 .00 418.00 1,450:50 ►20195 General - Public Works 95.00 .00 95.00 755:25 )20200 Codification 45:93 .00 45.93 458:81 )20266 Project No. 015 555.75 18.70 574.45 2,281.95 )20276 Labor/Employment 427.50 12.50 440.00 679:10 )20375 Project No. 106 .00 .00 .00 313.50 )20416 Union Terrace .00 .00 :00 446:70 )20472 Project #011: Condemnation 11463.00 84.80 1,547.80 1,975.30 )20473 City Project No. 201 .00 .00 :00 275:50 )20593 Park and Recreation 247.00 .00 247.00 361.20 )20609 Project No. 102 :00 .00 ,00 328.35 TOTAL )005L $29,614.25'$1,022.78 $30,637.03 $105,693.44 301s- )005L 01s PAYMENT DUE UPON RECEIPT PLEASE PUT CLIENT NUMBER ON CHECK FEDERAL I.D. NUMBER 41-0150277 C PLANNING DIVISION APPLICATIONS REM ft. I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS 1.1 ME=ME=T/'AT{/'Nr T*TM PL iO1tL.l APPS CAMM 7 NLimiHB 1990 1991 1992 JAN 16 15 7 MR 19 ' 18 20 APR 41 31 40 27 22 18 JN JQL 14 19 AUG 30 26 SEP 19 26 OLT 9 22 KN 8 14 IDC 8 9 minus PIREW 238 243 99 PLANNING DIVISION APPLICATIONS REM ft. I JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS 1W 10 • 1 kl-em 5XVIIIAM10,J )Fm 1990 1991 1992 JAN 304 250 325 306 276 476 ' NFm AR APR 346 469 514 NAY 484 449 531 JUN 450 516 JUL 459 489 AUG 475 468 SEP 378 474 OLT 386 491 N7V 393 289 ` IDC 264 320 TDDL 4478 4747 -2141 I:. V Lei gy,fit'% BUILDING DIVISION PERMITS 1990 •, • • • • ............ TOTAL PERMITS :❖.❖.❖.❖.❖.•. ISSUED .. .. .. .. .. .. I x •. .:. I:I: .: .: 1.4 14 14 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC MONTHS i r; Driver Behavior At Intersections Nearly half of all traffic accidents happen at intersections or junctions where two roads come together. This is not surprising because intersections are where traffic crosses, turns are made and drivers have to judge speeds of approaching vehicles and decide when to go. Many safety experts are concerned that the national adoption of right - turn -on -red laws has led to less safe driver behavior at intersections as drivers fail to stop before making the right -turn -on -red, often endangering pedestrians and other motorists by carelessly entering the intersection. No data suggests that right -turn -on - red has resulted in increased accidents, but there is concern that other inter- section driving habits could be ad- versely influenced by drivers' inclina- tions to move through intersections without stopping to check traffic. Iowa State University researchers observed driver behavior at intersec- tions in six Iowa cities to learn more about how drivers select a safe gap. They found that drivers are inconsis- tent in the time they take. In the morn- ing rush hours when drivers are rest- ed, they tend to wait for longer gaps before entering an intersection. As the day goes on, this time -gap is reduced. Drivers showed a shorter time -gap at midday and an even shorter time -gap SPOTLIGHT is Fun Water Facts orDncc c _=_9 in the evening. The smaller the time - gap, the greater the chance of an acci- dent occurring. It can be assumed that the more fatigued driver after a day's work is anxious to get home and be- comes less careful, which may account in great part for the fact that twice as many accidents occur in the evening as in the morning rush hours. There were no significant differences in the safe -gap selection by male and female drivers except at intersections where vehicles were approaching from both sides. Female drivers tended to be more cautious and allowed longer time in selecting a safe crossing gap in this sit- uation. The ability of drivers to adjust to traffic conditions such as heavier volumes of traffic and higher speeds on the roads to be crossed or entered were observed as drivers adjusted their time -gap selections to meet the needs of the situation. Michigan Teens Forego Mali Rat Opportunity After 1,400 hours of surveying, in- terviewing and researching, 28 eighth -graders from Portland, Mich., answered the question of whether their city of 3,900 residents should build a shopping mall. The Portland Middle School stu- dents' project, "Should Portland Get A Mall?", won them a first -place, $15,000 prize in the American Express Geog- • If It rains 1 Inch, how much water falls on my quarter -ase IM? About 7,000 gallons or nearly 30 tons of water. • What Is the cost of the wafer 1 use In my home? Prices vary around the country, but $2 for 1,000 gallons is typical. • Are all ddnking water utlli»es owned by cities and towns? No, about 56 percent of drinking water suppliers are privately owned. a How much water does one person use each day? The U.S. average is nearly 50 gallons each person daily. Toilet flushing is the largest home use of water, with 4 to 6 gallons per flush. • How many U.S. ddnldng water suppliers are there? About 60,000 "community" wa- ter suppliers. Most are small, but about 250 serve populations of 100,000 or more (about 110 million Americans). There are also 140,000 "non -community" drinking water suppliers — motels, remote restaurants and similar estab- lishments. • Does anyone actually get sick from ddnking water About 7,700 cases of sickness in the U.S. were traced to drinking water each year over the past 20 years. source: American Water Works Association's Plain Talk About Drinking Water n it U ti W A in rE 00. �l•G',.1 C4: •� ©C . •( ca! : ••:- C a ^ .10•c - C� i r; Driver Behavior At Intersections Nearly half of all traffic accidents happen at intersections or junctions where two roads come together. This is not surprising because intersections are where traffic crosses, turns are made and drivers have to judge speeds of approaching vehicles and decide when to go. Many safety experts are concerned that the national adoption of right - turn -on -red laws has led to less safe driver behavior at intersections as drivers fail to stop before making the right -turn -on -red, often endangering pedestrians and other motorists by carelessly entering the intersection. No data suggests that right -turn -on - red has resulted in increased accidents, but there is concern that other inter- section driving habits could be ad- versely influenced by drivers' inclina- tions to move through intersections without stopping to check traffic. Iowa State University researchers observed driver behavior at intersec- tions in six Iowa cities to learn more about how drivers select a safe gap. They found that drivers are inconsis- tent in the time they take. In the morn- ing rush hours when drivers are rest- ed, they tend to wait for longer gaps before entering an intersection. As the day goes on, this time -gap is reduced. Drivers showed a shorter time -gap at midday and an even shorter time -gap SPOTLIGHT is Fun Water Facts orDncc c _=_9 in the evening. The smaller the time - gap, the greater the chance of an acci- dent occurring. It can be assumed that the more fatigued driver after a day's work is anxious to get home and be- comes less careful, which may account in great part for the fact that twice as many accidents occur in the evening as in the morning rush hours. There were no significant differences in the safe -gap selection by male and female drivers except at intersections where vehicles were approaching from both sides. Female drivers tended to be more cautious and allowed longer time in selecting a safe crossing gap in this sit- uation. The ability of drivers to adjust to traffic conditions such as heavier volumes of traffic and higher speeds on the roads to be crossed or entered were observed as drivers adjusted their time -gap selections to meet the needs of the situation. Michigan Teens Forego Mali Rat Opportunity After 1,400 hours of surveying, in- terviewing and researching, 28 eighth -graders from Portland, Mich., answered the question of whether their city of 3,900 residents should build a shopping mall. The Portland Middle School stu- dents' project, "Should Portland Get A Mall?", won them a first -place, $15,000 prize in the American Express Geog- • If It rains 1 Inch, how much water falls on my quarter -ase IM? About 7,000 gallons or nearly 30 tons of water. • What Is the cost of the wafer 1 use In my home? Prices vary around the country, but $2 for 1,000 gallons is typical. • Are all ddnking water utlli»es owned by cities and towns? No, about 56 percent of drinking water suppliers are privately owned. a How much water does one person use each day? The U.S. average is nearly 50 gallons each person daily. Toilet flushing is the largest home use of water, with 4 to 6 gallons per flush. • How many U.S. ddnldng water suppliers are there? About 60,000 "community" wa- ter suppliers. Most are small, but about 250 serve populations of 100,000 or more (about 110 million Americans). There are also 140,000 "non -community" drinking water suppliers — motels, remote restaurants and similar estab- lishments. • Does anyone actually get sick from ddnking water About 7,700 cases of sickness in the U.S. were traced to drinking water each year over the past 20 years. source: American Water Works Association's Plain Talk About Drinking Water n it U ti W A in rE C C. 0. :: � • • :� C4: •� C a 004. ®- •• _. C� i r; Driver Behavior At Intersections Nearly half of all traffic accidents happen at intersections or junctions where two roads come together. This is not surprising because intersections are where traffic crosses, turns are made and drivers have to judge speeds of approaching vehicles and decide when to go. Many safety experts are concerned that the national adoption of right - turn -on -red laws has led to less safe driver behavior at intersections as drivers fail to stop before making the right -turn -on -red, often endangering pedestrians and other motorists by carelessly entering the intersection. No data suggests that right -turn -on - red has resulted in increased accidents, but there is concern that other inter- section driving habits could be ad- versely influenced by drivers' inclina- tions to move through intersections without stopping to check traffic. Iowa State University researchers observed driver behavior at intersec- tions in six Iowa cities to learn more about how drivers select a safe gap. They found that drivers are inconsis- tent in the time they take. In the morn- ing rush hours when drivers are rest- ed, they tend to wait for longer gaps before entering an intersection. As the day goes on, this time -gap is reduced. Drivers showed a shorter time -gap at midday and an even shorter time -gap SPOTLIGHT is Fun Water Facts orDncc c _=_9 in the evening. The smaller the time - gap, the greater the chance of an acci- dent occurring. It can be assumed that the more fatigued driver after a day's work is anxious to get home and be- comes less careful, which may account in great part for the fact that twice as many accidents occur in the evening as in the morning rush hours. There were no significant differences in the safe -gap selection by male and female drivers except at intersections where vehicles were approaching from both sides. Female drivers tended to be more cautious and allowed longer time in selecting a safe crossing gap in this sit- uation. The ability of drivers to adjust to traffic conditions such as heavier volumes of traffic and higher speeds on the roads to be crossed or entered were observed as drivers adjusted their time -gap selections to meet the needs of the situation. Michigan Teens Forego Mali Rat Opportunity After 1,400 hours of surveying, in- terviewing and researching, 28 eighth -graders from Portland, Mich., answered the question of whether their city of 3,900 residents should build a shopping mall. The Portland Middle School stu- dents' project, "Should Portland Get A Mall?", won them a first -place, $15,000 prize in the American Express Geog- • If It rains 1 Inch, how much water falls on my quarter -ase IM? About 7,000 gallons or nearly 30 tons of water. • What Is the cost of the wafer 1 use In my home? Prices vary around the country, but $2 for 1,000 gallons is typical. • Are all ddnking water utlli»es owned by cities and towns? No, about 56 percent of drinking water suppliers are privately owned. a How much water does one person use each day? The U.S. average is nearly 50 gallons each person daily. Toilet flushing is the largest home use of water, with 4 to 6 gallons per flush. • How many U.S. ddnldng water suppliers are there? About 60,000 "community" wa- ter suppliers. Most are small, but about 250 serve populations of 100,000 or more (about 110 million Americans). There are also 140,000 "non -community" drinking water suppliers — motels, remote restaurants and similar estab- lishments. • Does anyone actually get sick from ddnking water About 7,700 cases of sickness in the U.S. were traced to drinking water each year over the past 20 years. source: American Water Works Association's Plain Talk About Drinking Water n it U ti W A in rE T�¢ -t— _—N D elm creek Watershed Management Commission EXECUTIVE SECRETARY Judie Anderson 3030 Harbor Lane Plymouth, MN 55447 Phone 612/553-1144 TECHNICAL ADVISOR Hennepin Conservation District 12450 Wayzata Boulevard Minnetonka. MN 55343 Phone 6121544-8572 Minutes May 13, 19 9 2 I. The regular monthly meeting of the Elm Creek Watershed Management Commission was called to order at 3:20 p.m., Wednesday, May 13, 1992, at Plymouth City Hall, Plymouth, MN, by Chairman Fred Moore. Those present were: Robert Derus, Corcoran; Shirley Slater, Dayton; Ken Ashfeld, Maple Grove; Larry Elwell, Medina; Fred Moore, Plymouth; Leon Zeug and Carolyn Dindorf, HCD; John Bar - ten, Hennepin Parks; and Judie Anderson, Executive Secretary. II. Ashfeld moved and Slater seconded a motion to approve the minutes of the April 8, 1992 meeting. Motion carried. M. Derus moved and Slater seconded a motion to approve the Treasurer's Report and pay the bills. Motion carried. IV. Reports from the District Office. A. Water Ouality Monitoring. 1. Stream sampling occurred last week and lake samples were taken May 12. Results will be available in the June report. 2. Dindorf discussed a proposed alum treatment project which could be considered as a future nutrient reduction method. Funding for this project willcome from the 1992 monitoring budget. Derus moved and Elwell seconded a motion authorizing an expenditure of $2,823 for this project. Motion carried. 3. Attorney Will Hartfeldt was not present to report on the status under the Joint Powers Agreement of a NURP pond project. B. Moore, Zeug, and Hartfeldt have not yet met with Ron Harnack at BWSR re amendments to the- Management Plan. C. The' Commission office has received a copy of a resolution from the City of Greenfield authorizing placement of all of Greenfield within the Pioneer -Sarah Watershed Management Commission. At its April 30 meeting, the PSCWMC approved inclusion of that portion of Greenfield not in the Elm Creek watershed. Further discussions will be necessary to determine the proper participation of Greenfield. Conversations with the staff of the City of Rogers indicate that city may join the Elm Creek Commission. A Z' � d Minutes May 13, 19 9 2 page 2 V. Proiect Reviews. A. 86-037 Joe Raskob, Medina. No information. B. 88-017 Gerald Dykhoff, Medina. No information. C. 91-005 Veit Contracting, Hassan. No information. D. 91-017 Thomas Hill Addition, Hassan. No information. E. 92-001 The Woods at Elm Creek, Champlin. No information. F. 92-002 Hassan Hills, Hassan. No information. G. 92-003 Wildwood Springs 2nd Addition, Dayton. HCD staff approved the erosion and sediment control plan submitted. H. 92-006 Larkin Road, Corcoran. The plan to improve Larkin Road between County Road 116 and Old Settlers Road of f ects no critical areas. HCD staf f approved the erosion and sediment control plan submitted. I. 92-007 Timbercrest Forest Trail, Maple Grove. The City will mitigate fill in a wetland from a city trail by constructing another wetland next to Fish Lake. Derus moved and Elwell seconded a motion to approve HCD's recommendation to approve this project as submitted. Motion carried. J. 92-008 Elm Creek Meadows, Maple Grove. HCD staff approved the erosion and sediment control plan submitted. K. 92-009 147th and James Road, Hassan. The plan to improve 147th Avenue and James Road in conjunction with the improvement of State High -way 101 affects no critical areas. HCD staff approved the erosion and sediment control plan submitted. L. 92-010 Cobblestone Hills, Maple Grove. No information. M. 92-011 Tuckborough 5th Addition, Medina. The erosion and sediment control plan submitted requires additional changes. N. 92-012 Wally Sellman, Maple Grove. The cut and fill shown on the submitted plan does not alter the conveyance of the floodplain. Ash- feld moved and Derus seconded a motion to approve HCD's recommendation to approve this project as submitted. Motion carried. VI. 1993 Budget. The Commissioners reviewed the budget presented. Corrections were made to the water quality monitoring portion of the technical services budget. Anderson was directed to make these changes and to reformat the budget to show the amount from Reserve required to fund a balanced budget. The budget will be approved at the June meeting. VII. Other Business. Denis informed the Commissioners of a situation in his community where a experimental aerobic on-site waste system will be Minutes May 13, 1992 page 3 constructed. He inquired of the Commission's interest in monitoring this project. He will also provide interested Commissioners and staff with literature on the aerobic system. There being no further business before the Commission, the meeting was adjourned at 4:35 p.m. Respectfully submitted, AAOL-d� fir` Judie A. Anderson Executive Secretary JAA:tim - -\0 Ms. Laurie Rauenhorst City Clerk City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Ms. Rauenhorst: Enclosed is a copy of the 1991 Audit Report of the Elm Creek Watershed Management Commission as prepared by Babcock, Langbein and Company. This report was accepted by the Commission at its June 10, 1992 meeting and is hereby transmitted for your files. Sincerely, Judie A. Anderson Executive Secretary JAA:tim Enclosure cc: Fred Moore elm creek Watershed Management Commission EXECUTIVE SECRETARY Jude Anderson 3030 Harbor Lane Plymouth, MN 55447 Phone 612/553-1144 TECHNICAL ADVISOR Hennepin Conservation District \ = _; .'.. •. 12450 Wayzata Boulevard - Minnetonka, MN 55343 Phone 6121544-8572 June 12, 1992 Ms. Laurie Rauenhorst City Clerk City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Ms. Rauenhorst: Enclosed is a copy of the 1991 Audit Report of the Elm Creek Watershed Management Commission as prepared by Babcock, Langbein and Company. This report was accepted by the Commission at its June 10, 1992 meeting and is hereby transmitted for your files. Sincerely, Judie A. Anderson Executive Secretary JAA:tim Enclosure cc: Fred Moore S 1� ELM CREEK WATERSHED MANAGEMENT COMMISSION AUDIT REPORT DECEMBER 31, 1991 ELM CREEK WATERSHED MANAGEMENT COMMSION DECEMBER 31, 1991 TABLE OF CONTENTS .,:.......<a•: a...•:•rsi,ii:•:..Y. sn . ':. s:.. .• ..a:.,:acv. v. a. :rr. '. :•Y:i:ai::. s:?C::.cec,>:aas.....:.:s.h•Y✓•;.'w: RYYviirYY:t:Y:::•Y•::::i•.'.Y.,:.:..•.,•:::..,.:.,.. a:.:: �::coi:.'i,:?<a�:,d::ia:YYG Page Auditor's Opinion Balance Sheet 2 Statement of Revenues and Expenditures 3 Notes to Financial Statements 4 Babcock, Langbein and company wed Public Accountants A Professional Association Minncapabs, Minnesota 55421 (612) 781-9354 Elm Creek Watershed Management Commission 3030 Harbor Lane, Suite 100 Plymouth, MN 55447 To the Members of the Commission: We have audited the Balance Sheet of the Elm Creek Watershed Management Commission December 31, 1991, and the related statement of Revenue and Expenditures for the year then ended. These financial statements are the responsibility of the Commission's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly in all material respects, the financial position of Elm Creek Watershed Management Commission at December 31, 1991, and the results of its operations and it Revenue and Expenditures for the year then ended in conformity with generally accepted accounting principles. abcock, Lan ein n Company June 5, 1992 -1- ELM CREEK WATERSHED ORGANIZATION COAD IMSION BALANCE SMET DECEMBER 31, 1991 v:.,c«ovra::::.c•.uas .a:: •xv.:; :^rv:;:.:ra.: m.:•;:.v., wx,,.:�:r.:ccxa.:,,;:;>».:.:;::.�::;.,,,v::,•.,•„�.::nr:.:::•;::::;::r>.;+:v;:o;::::,:vx•::•:.•.,:::•::.:,<•.:c;:;:::..:v.+.::::..•;:: x•.v:,vxv::v..::• 1991 1990 Assets Cash in Bank $ (4,228.57) : 11,362.65 Investments 105,464.19 80,909.87 Total Assets $ 101,235.62 : 92,272.52 Fund Equity Fund Balance $ 101,235.62 : 92,272.52 Total Fund Equity $ 101,235.62 : 92,272.52 The accompanying notes are an integral part of this financial statement. -2- ' ELM CREEK WATERSHED MANAGEMENT COBISSION STATEMENT OF REVENUE ANDEXPENDT.rURES FOR THE YEAR ENDED DECEMBER 31, 1991 •%OX{WJJN%P%+!A%i{•}%6YnW%WJ10W.+iP:<AWAP',ttA`OhpCLtOK•}WA•M4WnMOC%OiOMF)6i0P:A'k':NL}. �� Variance Favorable Revenue Budget Actual (Unfavorable Members Dues $ 39,000.00 $ 39,000.00 $ 0.00 Interest Income 6,000.00 6,546.10 546.10 Water Monitoring 2,000.00 1,291.12 (708.88) Total Revenue 47,000.00 46,837.22 (162.78) Expenditures Legal 4,500.00 6,550.00 (2,050.00) Administration 12,400.00 13,058.33 (658.33) Technical Services Stream Gauge 11,000.00 12,032.22 (1,032.22) Rain Gauge 2,000.00 0.00 2,000.00 Watershed Plan 4,000.00 0.00 4,000.00 Lakes Monitoring 6,000.00 6,118.57 (118.57) Contingency 3,100.00 0.00 3,100.00 Other 4,000.00 115.00 3,885.00 Total Expenditures 47,000.00 37,874.12 9,125.88 Excess Revenue Over (Under) Expenditures $ 0.00 $ 8,963.10 $ 8,963.10 The accompanying notes are an integral part of these financial statements. -3- ELM CREEK WATERSHED MANAGEMENT COmmSION NOTES TO FINANCIAL STATEMENTS FOR = YEAR ENDED DECEMBER 31, 1991 NOW 1. Summary of Significant Accounting Policies The Commission accounts for receipts and disbursements on the cash basis. Accrual entries are made for year end financial statement presentation. Note Z Cash and Investments Cash retained from excess receipts over disbursements was invested in a savings account and certificates of deposit. i Cash and Investments account balances at December 31, 1991, were as follows: Norwest Bank Checking $ (4,228.57) Savings 105,464.19 Total $ 101,235.62 Note 3. Revenue from Member Municipalities Each member's contribution toward the annual revenue is computed using a formula which considers area and assessed valuation. For the year ended December 31, 1991, members' contributions were as follows: Champlin $ 3,307.00 j Corcoran 3,825.00 Dayton 4,182.00 Hassan 1,491.00 Maple Grove 20,133.00 Medina 3,858.00 Plymouth 2,204.00 Total $ 39,000.00 -4- S7 1C) r elm creek Watershed Management Commission EXECUTIVE SECRETARY Judie Anderson 3030 Harbor Lane Plymouth, MN 55447 Phone 6121553-1144 TECHNICAL ADVISOR Hennepin Conservation District 12450 Wayzata Boulevard Minnetonka. MN 55343 Phone 612^544-8572 June 12, 1992 Ms. Laurie Rauenhorst City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Ms. Rauenhorst: Enclosed for your files is a copy of the budget of the Elm Creek Watershed Management Commission for the year 1993 as approved by the Commission at its June 10, 1992 meeting. Your community's share is 6.24% or.$2,433.00. If you have any questions regarding this budget, don't hesitate to contact this office or Chairman Fred Moore. Regards, Judie A. Anderson Executive Secretary JAA:tim Encl. cc: Fred Moore elm creek Watershed Management Commission J EXECUTIVE SECRETARY Judie Anderson 3030 Harbor Lane Plymouth, MN 55447 Phone 612/553-1144 TECHNICAL ADVISOR Hennepin Conservation District 12450 Wayzata Boulevard Minnetonka. MN 55343 Phone 6121544-8572 June 12, 1992 To: Commissioners Staff Fr: Judie Anderson Re: 1993 Budget Below is outlined the budget for the Elm Creek Watershed Management Commission for the year 1993 as approved by the Commission at its June 10, 1992 meeting. Revenue From Fund Balance $ 10,0001 Membership Dues 39,000 Water Monitoring 2,000 Interest Income 4,000 Total Revenue $_55.,,000 Expenditures Technical Services Stream Gauge Operation/Monitoring $ 9,550 Lakes Monitoring 4,000 Nutrient Reduction Program 8,650 Rain Gauge 0 Engineering, Consulting 3,000 Report, Map Printing 1,500 Contingency 0 Special Projects 1,000 Total Technical Services 27,700 Other Expenses Administrative 15,300 Legal Services 10,000 Contingency 2,000 Total Other Expenses 27,300 Total Expenditures $ 55,000 Budget Assessment $ 39,000 1 The Fund Balances at December 31, 1992 and 1993 are estimated to be $91,835 and $81,835, respectively. • June 12, 1992 page 2 Community Champlin Corcoran Dayton Hassan Maple Grove Medina Plymouth 1993 Budget Share by Member 91 Tax Capacity Member 93 Budget Share Elm Creek Basin Fee %age Amount 1,064,085 1,000 3.89 1,245 2,463,053 1,000 8.99 2,877 2,049,111 1,000 7.48 2,393 1,447,161 1,000 5.28 1,690 16",224,208 1,000 59.24 18,957 2,913,504 1,000 10.64 3,405 1,226,090 11000 4.48 1,433 93 Overall %age Amount 5.76 2,245 9.94 3,877 8.70 3,393 6.90 2,690 51.17 19,957 11.29 4,405 6.24 2,433 TOTALS $27,387,212 $7,000 100.00 $32,000 100.00 $39,000 June 16,. 1992 Honorable Kim Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Bergman: The City of Plymouth is becoming a very professional enviroment in which a builder -developer can enjoy doing business. The spirit of cooperation and courtesy you and your staff portrays to city residents and non-residents alike is greatly appreciated by myself and many other people. It is this refreshing policy of friendliness and willingness to work together that all of you have developed that has prompted me to write this letter. Many of the city employees I work with had developed this cheerful, helpful attitude long before the recent campaign launched by the City of Plymouth. Since lunches, gifts, etc. are frowned upon as a way of thanking these people, a simple THANK YOU will have to be used to convey my appreciation to Val, Myra, Tammi, Carlos, Glen, Bob, Arnie, Carlene, Alan, Joe and Darrell. Also, my very personal thanks to whoever is responsible for the appointment of Chuck Dillerud. What a "breath of fresh air" this man provides to all of us! Sincerely, YJW. (Jack) Gassner JWG/jeg cc: Joe Ryan EMBASSY HOMES 3131 Fernbrook Lane North Suite #206 Plymouth, MN 55447 (612) 559-8171 7::S----\\ y oG 0lc�,cv-�,U •BGc�PC . Alai aA. OM is ra.P S " -7b 611� * 0 o,�j 6)'Yl !O� i1 GC.c�� � O-? I h l Gt�i'X�bZf� Qom✓; �%fC�/1 Gv �d fie- �� � se2a� C.l�� I,Ua� � ��-rl�• �v G7 JeT7 cam. ce/d et P g er �o VrPAtW -7 40 ADO Gvi�'l� �/�- June 9, 1992 Mr. Jim Willis City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 As per our last telephone conversation, this is the letter I said I would send to you for your records. This is in reference to cutting the grass on the added city property on Vicksburg Lane adjacent to my property that belongs to the city of Plymouth. As I stated to you, I had quad -by-pass heart surgery two years ago and am limited to what I can do. I am sending you this letter -on the advice of my insurance agent, my attorney and my doctor. I discussed this last year with City Councilwoman Maria Vasiliou and the Mayor and was advised they would come over and discuss it with me. Neither one of them came by to look at it. I also called you last year. I also feel that the City should not have the right to set wages of $80 per hour, or any part thereof, if they have to cut this property. I know of no union that pays their people that wage. I am sure if you will drive around Plymouth you will see many areas with grass over 8 inches tall. Thank you for your consideration in this matter. Very truly yours, Tomas J 4_ d� 15900 14th Avenue North Plymouth, MN 55447 473-9064 June 18, 1992 Mr. Thomas J. Finn 15900 14th Ave. N. Plymouth, MN 55447 SUBJECT: YOUR JUNE 9, 1992 LETTER Dear Mr. Finn: Jim Willis has asked that I respond to your June 9 letter. In that letter you indicate that you are physically unable to -cut the grass adjacent to your property which is city street and trail right-of-way. This question has arisen in the past. Each of us as property owners has a responsibility for maintaining street right-of-way adjacent to our property. As a matter of fact, the first 8 to 20 feet of every lot adjacent to city streets or trails is technically city property. Each of us as property owners maintain it just the same. Court cases have affirmed this fact. With almost 23,000 parcels in the city, you can imagine the eyesore which would occur if lawn maintenance stopped at the right-of-way line, rather than the curb. There would be a major property tax impact too! The city would have to hire a crew and purchase additional equipment solely to maintain this right-of- way. I have a suggestion for you. There are volunteers and others who perform lawn mowing for little or no cost. If you are interested in pursuing this option, please contact Ms. Jo Buchanan at Interfaith Outreach, 473-2436. Ms. Buchanan believes that she can assist you in this effort. Feel free to c9Z1 me if you have any questions at 550-5013. Frank o es Assist City Manager FB:kec cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 June 12, 1992 To: The City of Plymouth From: Buick and Teresa Alavy Re: Train This memorandum is to express our displeasure with the train that passes through our neighborhood. We live at 12210 51st Avenue North, and feel that the noise of the train needs to be dealt with. We would like to see the City look into alternatives in one of two ways: 1) Rerouting of the train. 2) A stoppage of, or a least a decrease, in the sounding of the whistle in the evening hours. While we understand the necessity for a whistle during the day, the evening whistle seems to be excessive. We appreciate the Cityrs attention to this matter. Thank you. __dV,IK ` •CIC Y- ' reIne" 'l U �t Mr. Kim M. Bergman 13930 60th Avenue North Plymouth, MN 55446 Dear Mr. Bergman: RD)pJune 10, 1992 0E�VE0 ZtTY 0F-RLY1v RUTH MMTY--2EVFLOPMU4T DEPT, We are homeowners in the Wayne Jopp Heritage 2 Development area in Plymouth. We are writing to express our concerns over the proposed Goff Homes town home development. We feel that the development, as proposed, would depress our property value. This is of large concern to us as we are currently paying over $5,000 per year in property taxes for the privilege of living in Plymouth. We further feel that the development will not be aesthetically pleasing to the eye. At the June 3 Planning Commission meeting, Goff Homes presented few improvements to upgrade the development to better integrate into the adjoing neighborhood of single family homes. The Planning Commission voted to deny the Goff Development project. With the $200,000 and higher home values in the area, we feel that adding homes (town homes) of approximately $60,000 each will not be consistent with the overall quality of design in the area. Due to the denseness of the development, we feel that traffic will increase as will the likelihood of crime. We are asking you, Mr. Bergman, as Mayor of the City of Plymouth, to help stop this development. Thank you for your time. Sincerely, Lori L. Dietrich and Steven J. Piazza 13410 36th Avenue North Plymouth, Minnesota 55441 (612) 557-2918 cc: Chuck Dillerud, Community Development Coordinator Maria Vasiliou, Council Coordinating Representative Planning Commission MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 13, 1992 TO: James G. Willis,CC'ty Manager FROM: Fred G. Moore, irector of Public Works SUBJECT: LIBRARY SITE ACQUISITION CONDEMNATION HEARINGS CAVANAUGH PARCEL CITY PROJECT NO. 103 40r, NDP 3 W"'o IN &4 The Condemnation Commissioner Hearings on the City's taking of the Cavanaugh parcel to be used as a library site began Tuesday morning, July 7. The hearings continued for four days last week and concluded at noon on Monday, July 13. The following schedule was established at the conclusion of the hearings by the chairman of the three member commission panel: ' 1. The'attorneys for the property owner and the City are to exchange written briefs of the testimony presented at the hearing on or before July 27. 2. The chair of the commission stated that the commissioners would then be meeting and should be reaching a decision on their determination of the value of the property within about 30 days. 3. In accordance with the appointment of the three commissioners by the district court, they must make their ruling by September 30, 1992. Mr. Cavanaugh was represented by Tim Keane and Tom Humphrey with Larkin, Hoffman, Daly.... The City of Plymouth was represented by Bob Lindahl with Holmes and Graven. As the representative for the client, City of Plymouth, I attended all of the hearings with the exception of approximately one hour at various occasions where I had other commitments representing the City which I could not change. Also in attendance at the hearings were Bill Cavanaugh, his wife, his brother, and his son. The key question in this condemnation matter is the expected "highest and best use" of the .property. Depending upon the answer to this question, qualified appraisers for each party reached greatly differing conclusions. The property owner used the following witnesses as part of their direct testimony: Blair Tremere (This was done under subpoena since he would not voluntarily attend the hearings). s. 4 SUBJECT: LIBRARY SITE ACQUISITION July 13, 1992 Page Two Ken Anderson - Traffic engineer Peter Lasalle - Appraiser for property owner Bill Cavanaugh - Property owner The following people testified on behalf of the City of Plymouth: Fred Moore - Director of Public Works Scott Hovet - City Assessor Chuck Dillerud - Director of Community Development Dennis Eyler - Traffic Engineer with Strgar-Roscoe-Fausch , Al Carufel - Appraiser for City. The following is a very brief summer of, in my opinion, the major testimony in four and one half days of hearings: 1. The existing zoning of the property is B-1. 2. The City's Land Use Guide Plan indicates the use of the property as CC (Community Shopping Center). 3. In the text of the City Guide Plan, it states that the zoning designation for the property could be as follows: All business districts, subject to the approved development plan. 4. Mr. Lasalle testifying for the property owner owner stated that in his opinion, the highest and best use of the property would be either B-2 or B-3 zoning which would allow either retail or service business. He relied on the City's Comprehensive Plan which stated any retail use is permitted in the CC Guiding. 5. Al Carufel testified on behalf of the City stated that he believes the highest and best uses are the uses permitted in the B-1 Zoning - since there must be an approved development plan for the property. 6. Mr. Lasalle further testified that the value of the five acre parcel was $1,470,000 ($6.75/sq. ft.). 7. Al Carufel testified that the value of the same parcel was $575,000 ($2.60/sq. ft.). 8. Bill Cavanaugh testified that in his opinion the property value was $1,900,000. 11 SUBJECT: LIBRARY SITE ACQUISITION July 13, 1992 Page Three At the conclusion of the testimony this morning, each attorney was given a 20 minute period to summarize the facts before the Commissioners. The following are key points which each attorney made in their summary: Tom Humphrey for the property owner. 1. Bill Cavanaugh has held onto this corner until the time is ready for development. The time is now since Cub has built their store on the adjacent property. 2. The most important factor is the highest and best use of the property. B -2/B-3 is consistent with what the City thinks could happen relying on the Land Use Guide Plan. 3. The west one-half of the property is worth $11 per square foot and the east one-half is worth $6.40 per square foot in accordance with the testimony of Bill Cavanaugh. 4. The most likely land sales which are comparable to this property are in the Rockford Road Plaza Shopping Center have been at $10.55 per square foot. There is less traffic adjacent to the Rockford Road Plaza Shopping Center. 5. The current zoning of B-1 is not proper since it is intended to be a buffer to residential properties and there are no residential properties immediately adjacent to this parcel. 6. The City and their testimony indicated that there would be major hurdles to overcome to have this parcel approved as a PUD. Why would this be a problem since the remainder of the downtown Plymouth area is a PUD. 7. Does the property need to be rezoned? To which Mr. Humphrey gave the answer of "Yes." Does the property need a PUD if one building is constructed? Mr. Humphrey gave the answer of "No." 8. Peter Lasalle (property owner's appraiser) only assumed a right- in/right-out access to the site from Vicksburg Lane. 9. A request was made to the commissioners if they should establish a value for the east one-half and the west one-half of the property because of the option agreement with the City. Those parts of the property which are not used for a library, Mr. Cavanaugh has an option to purchase back. Bob Lindahl for the City: 1. The burden of proof to establish the property value at these commissioner's hearings is the responsibility of the property owner. SUBJECT: LIBRARY SITE ACQUISITION July 13, 1992 Page Four 2. This is a desirable parcel as regard to visibility from Highway 55, but it does have a down side. The down side is access. There is no access from Highway 55 and the testimony has been that the only possible access from Vicksburg Lane is right-in/right-out. This access would also have to be in conjunction with the current right- in/right-out driveway to Cub. 3. Why in 1980 would the City pay $90,000 as part of the taking'of the right-of-way on Vicksburg Lane and then give it back to the property owner by allowing an opening in the current median on Vicksburg Lane. 4. In order to have a right-in/right-out on Vicksburg Lane, the owner of this property will have to acquire these rights from Cub. 5. The Day parcel in downtown Plymouth was purchased for $2.38 per square foot with B-2 Zoning. 6. For the highest and best use to be legal, it must have the proper zoning. 7. When Blair Tremere testified, he was under subpoena. He was not Community Development Director on the day of taking, October 11, 1991. Mr. Tremere is currently a consultant for property owners within this area advocating a change in the current PUD plan. 8. Chuck Dillerud stated that a Conditional Use Permit and a Planned Unit Development Plan must be submitted for this parcel. 9. Chuck Dillerud further stated that it would be purely speculative to state what plan would be approved and what rezoning would be approved'by the City Council. 10. The offers for other property for sale in the downtown Plymouth area are between $1.50 to $4.00 per square foot. The RTC, within the last two weeks, sold a parcel of land along 37th Avenue for $.69 per square foot. 11. The Streeter parcel along Highway 55 was purchased for $3.00 per square foot. 12. Mr. Lasalle, in his appraisals, used comparable sales along Interstate 394 in Minnetonka and St. Louis Park. These are all superior locations. Further, Mr. Lasalle stated that the Streeter sale was of no consequences and ignored the other offerings for the sale of property within the -downtown Plymouth area. 13. All of Mr. Carufel's comparable sales were either in the downtown Plymouth area or within the City of Plymouth. 14. Any reasonable purchaser of the property would use the current zoning of the property as of the date of taking, October 11, 1991, which is B-1. SUBJECT: LIBRARY SITE ACQUISITION July 13, 1992 Page Five If there are additional questions regarding the hearings, please let me know and I will try to answer them. FGM:kh