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Council Information Memorandum 10-16-1992
NLYITIUU I tt CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 16, 1992 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR OCTOBER: OCT. 19 5:00 P.M. COUNCIL STUDY SESSION Council Conference Room TOPICS: - Status report on City Manager Selection Process - Special Assessment Committee - - 1993 Budget Discussion OCT. 26 4:30 P.M. COUNCIL STUDY SESSION Council Conference Room TOPIC: 4:30 P.M. - Joint Council/Hennepin County Library Board Meeting 5:30 P.M. - Stephen Seidel, "Habitat for Humanity" A draft agenda for Council review and comment is attached. A copy has been sent to Mr. Rohlf and Mr. Seidel for their input. (M-1) OCT. 26 6:30 P.M. PLYMOUTH FORUM Council Chambers OCT. 26 7:00 P.M. COUNCIL MEETING Council Chambers -------------------------------------------------------------------------------------- - r 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 7 CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 16, 1992 PAGE 4 Transcripts of telephone calls received on the Customer $. CUSTOMER SERVICE L 1NE -- 55th Avenue Service line are attached. Most of these calls have tdo an wimove using temporary SeryResidents suggest le angry with North to access Bass Lake Park* but double the number of people to all property owners between barricades at 54th. Since F� Moore nothing a survey closure the City, I have ask also Boulevard and Pineview on 55th to ask wh Soo Lmeantra ks m We are Northwestleted beyond th until Northwest Boulevard is comp for installation on pineview and Northwest Boulevard to direct people purchasing signageriSed on this issue. _ (1-9) to the park • 1 will keep the Council app 9, PERSONNEL from Public Safety Director Craig Gerdes on a customer service Typist in the Police Department. Judy a. Attached is a memo Jody Gooden, Sr. Clerk Typ' issue recognizedimplemented. (1-9) recommended a solution to the concern which we have 10. CORRESPONDENCE: Four Seasons Liquors, requesting the Code 1206.43 relating to the a. Letter from James Beboi mance Michael me amendment City ent property taxes. Council consider an remises with delmqu , nonrenewal of liquor licenses to p Representatives from the Hour Seasons Merchants Association hatter with the Council - be present at the October 26 Plymouth Forum to discuss this ma (1-10a) Club, on steps the Letter from , Dolly Reveling, West Medicine Lake Community Ms - b. as taken to respond to neighbor concerns. I have sent copies of Ms. Community Club h for their comments. (1-10b) Reveling's letter to adjacent neighbors asking Boyles, ch, to Frank c. Letter from Christine Taggart, member of Peace Lutheran athe he to s. A � e t Ms. regarding the zoning ordinance amendment for residen in of Council action on the amendment is also included. (I-lOc) Taggart advising en 14305 46th Avenue North, from Paul Kaminski, Best & d. Letter to Joel Holgr din the maintenance of vegetation on the area adjacent to a city Flanagan, retrail gar g and Mr. Holgen's property*-1Qd) Ie Carlson regarding the State's financial condition. e. Letter from Governor Arn et deficit of $840 million for the next ii Governor Carlson is projecting a State budget ith his letter is a survey on how best the State should cover the biennium. Enclosed w budget deficit. (1-10e) f. Letter from John Jordan, 18050 Medina Road, to Mayor and Council, concerning r fothe Medina Road project. .The Council will be assessments to his Proper' session. The public hearing is scheduled for discussing this at their October 19 study n,tnher 26. (1-10fl A CITY COUNCIL INFORMATIONAL MEMORANDUM OCTOBER 16, 1992 PAGE 5 g. Letter to Mark Danielson, 4610 Glacier Lane, from Joe Ryan, on the request for construction inspection of an existing three season porch. For background purposes, City Council members were contacted by the real estate agent for the buyer asking that this inspection be performed. The seller called the city and requested the inspection, which we did. This request comes close to a "point of sale" inspection which is proposed for implementation in 1994. Our present personnel complement and ordinance authority are insufficient to provide this service except as a complaint by the existing homeowner. (I -10g) h. Letter to Gary Threlkeld, Twin City Optical. Mr. Threkleld called me in search for a new building in Plymouth. I have provided his with a list of real estate agents who might be able to assist him. (I -10h) i. Letter from Mr. and Mrs. Duane Horton, 118 Saratoga Lane, to Mayor Bergman, regarding concerns with a street reconstruction project. Mr. Horton's letter has been referred to Fred Moore for response. (I -10i) j. Letter from Minnesota Department of Transportation to City, authorizing a speed limit of 45 miles per hour on Northwest Boulevard from 54th Avenue to Pineview Lane. (I-1Oj) Frank Boyles Acting City Manager CITY COUNCIL STUDY SESSION OCTOBER 26, 1992 4:30 P.M. 4:30 p.m. - DINNER I. JOINT CITY COUNCIL/HENNEPIN COUNTY LIBRARY BOARD MEETING Site update . Amount of land required • Project timetable/budget commitment. • Real Estate Purchase Agreement. H. HABITAT FOR HUMANITY - STEPHEN SEIDEL • Purpose of the program • How it works • Role of the City M. CITY CENTER EXPANSION Construction Funding Proposal 6:30 p.m. - Adjourn M-1 ' VM OCT 16 W For immediate release For More Information: Helen LaFave, 550-5016 Plymouth Maintenance Facility Open House Planned The public is invited to get a behind the scenes look at the newly renovated and expanded Plymouth Maintenance Facility, 14900 - 23rd Ave. N., on Sat., Oct. 24, 1 - 4 p.m. Refreshments will be served and staff members will be on hand to answer questions as citizens tour the new building and view equipment that will be on display. The facility was expanded from 25,000 square feet to 74,300 square feet at a cost of $3.8 million. The renovation was needed to provide adequate work space and shelter for the city's fleet of street, park, water and sewer vehicles and to improve the efficiency of public works and parks operations. "The expansion allows us to protect the public investment in our city vehicles by parking them indoors," said Public Works Director Fred Moore. Each vehicle costs between $1,000 and $250,000, he added. Vehicles range from all types of lawn mowers to snowplows, graders, one -ton trucks and pick-up trucks. The Public Works Garage was originally built in 1969. It has been expanded once before during the last 23 years. The project was funded by the water, sewer, equipment and public improvement revolving funds. -30- CIM OCT 16'92 CIM OCT 'I _'92. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 GOVERNMENT ADVISORY COUNCIL Wednesday, October 21, 1992 Cabinet Room - 7:30 a.m. AGENDA 1. Enrollment projections - Robert Cameron 2. Budget 3. Scheduling buildings for community park and recreation activities rrl� - 3 1 - om OCT 16'92 Lim OCT 9 _'92 M�C MllNICIPAL LEGISLATNE COMMISSION M-4 1500 Northland Plaza 3800 West 80th Street Bloomington, Minnesota Telephone (612) 893-6650 Facsimile (612) 893-6755 FORTY-FIRST MLC BOARD OF DIRECTORS MEETING Wednesday, October 21, 1992 5:00 p.m. to 6:30 p.m. Decathlon Athletic Club 7800 Cedar Avenue South Bloomington, Minnesota 55425 **NOTE CHANGE OF MEETING LOCATION 55431 TENTATIVE AGENDA 1. Call Meeting to Order 2. Approve Minutes from July 15, 1992 Board of Directors Meeting (Prev. Mailed) r 3. Approve Treasurer's Report* 4. MLC Audit Report** 5. MLC's Position on Constitutional Amendment on Local Government Trust Fund (See Letter From City of Plymouth)* 6. Discussion and Adoption of MLC's 1993 Legislative Program (Will be mailed prior to the Board Meeting) 7. Motion to Approve/Amend 1993 Dues Structure* 8. Motion to Approve/Amend 1993 Budget* 9. Report From MLC Evaluation Committee on MLC Lobbyist 10. Motion to Approve/Amend 1993 Legislative Lobbying Contract with Messerli & Kramer* 11. Set January 1993 Board of Directors Meeting and Annual Legislative Dinner, Including Date, Time and Location 12. Adjourn THERE WILL BE A SOCIAL HOUR AND HORS D'OEUVRES IMMEDIATELY FOLLOWING THE BOARD MEETING *Enclosed **Enclosed in City Manager Packet Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, OCT 16 '92 Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, WoodburyCIM �-y October 9, 1992 TO: Steve Sarkozy City Manager FROM: Ed Burrell 4 Finance Director RE: Soptemb•r 1992 XLC Report Attached are the year-to-date reports as of September* 30, 1992 for the MLC. Comments Compared to previous years, the budgeted revenues and expenses are in line with what is expected. All professional billings have been paid and there are currently no outstanding invoices. GIM OCT 16'92 l:11.Cr17SUU.C.'��Gu. � x MUNICIPAL LEGISLATIVE CONG&WION BALANCE SIFT AS OF Soptember 30, 1992 Cash 52,143.61 Accounts Receivable Interest Receivable 4,067.36 Told Aa mb UABIIlI'!FS AND FUND BALANCE Accounts payable Deferred Fund Balance 56,216.47 Total Liabilities and Fund Balance 56,216.47 56,216.47 m -y CIM OCT 16 '92 MUNICIPAL LEGISLATIVE COMMISSION STATEMENT OF REVENUES AND EXPENSES FOR PERIOD ENDING Septembor 30, 1992 1992 1992 PER CENT OF REVENUES YTD RUDGE'r BUDGET 1992 Dues Paid 123,810.00 123,810 100.00% Interest 4,935.62 - 3,500 141.02% Reimbursement for Meetings 2,608.92 5,000 52.18% Total Revenue 131,354.54 132,310 99.28% EXPENSES Professional Service Messcr1i and Kramer Meeting Expeases Audit Supplies Contingency Fund Total Expenses Revenue over (Under) Expenses Fund Balance January 1, 1992 Fund Balance Year -To -Date 961500.00 117,000 82.48% 3,390.76 5,000 67.82% 1,100.00 1,100 100.00% 863.20 1,000 86.32% 8,210 101,853.96 132,310 76.98% 29,500.58 0 26,715.89 9,587 278.67% 56,216.47 9,587 596.38% CIM OCT 16'92, M -y CIM OCT 16 '92 MUNICIPAL LEGISLATIVE C OMIAMION YEAR-TO-DATE REVENUE SCiDEDULE FOR PERIOD ENDING September 30, 1992 1992 Dues Received Dnes Received Diana Reimburwmeab Bloomington 12,000.00 217.41 BurnsvMc 12,000.00 217.41 Eagan 12,000.00 217.41 Edea Prairie 11,793.00 217.41 Edina 12,000.00 217.41 Maplewood 9486.00 217.41 Minnetonka 12,000.00 217.41 Plymouth 12,000.00 217.41 Roseville 10,046.00 217.41 Shoreview 7,376.00 217.41 White Bear La1oe 7,2x6.00 217.41 Woodbury 6,023.00 217.41 Dues Revenues 123,810.00 2,608.92 Interest Income 4,935.62 Meeting Expenses 2,608.92 Total Revenues 131,354.54 M -y CIM OCT 16 '92 MUNICIPAL LEGISLATIVE COMMISSION YEAR-TO-DATE EXPENSE SCHEDULE FOR PERIOD ENDING September 30, 1992 Mcaserli & Kramer Menerli h Kramer pip Printing Messali & Kramer Maserli h Kramer Messerli & Kramer Mcsscrli & Kramer Messerli & Kramer Meaerli A Kramer Maaerli h Kramer Mencrli do Kramer Messerli & Kramer Maseru & Kramer Messcrli & Kramer Maseru k Kramer Mcss rli & Kramer Eide. Nclme]oc Roemer G. Robertson Co. Miscellaneous Maseru & Kramer Messerli do Kramer Decathlon Athletic Club Maseru do Kramer Messerli & Kramer Total Disbursements DESCR11MON Retainer Expenses Ldterbead etc. Retainer Retainer 1pxpw Retainer 1pxpeosw Dinner Expenses Retainer Retainer Expenses Retainer Expenses Audit Printing Gift Retainer EVcnses Meeting Expenses Retainer Expenses Less Charges to 91 Budget Total Disbursement -1992 Budget AMOUNT 12,500.00 1,000.00 580.65 12,500.00 1,000.00 12,500.00 1,000.00 12,500.00 1,000.00 2,608.86 7,500.00 1,000.00 7,500.00 1,000.00 7,500.00 1,000.00 1,100.00 244.28 38.27 7,500.00 1,000.00 781.90 7,500.00 1,000.00 101,853.96 0.00 101,853.96 m -y cim OCT 16'92 MUNICIPAL LEGISLATIVE.COMMISSION FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31, 1991 m -y ciM OCT 16'92 MUNICIPAL LEGISLATIVE COMMISSION TABLE OF CONTENTS ORGANIZATION - BOARD OF DIRECTORS INDEPENDENT AUDITOR'S REPORT FINANCIAL STATEMENTS Balance Sheets Statements of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual Notes to Financial Statements M-4 r Page 1 2 3 4 5 CIM OCT 16'92 MUNICIPAL LEGISLATIVE COMMISSION ORGANIZATION - BOARD OF DIRECTORS FOR THE YEAR ENDED DECEMBER 31, 1991 Chairperson - Neil Peterson Vice -chairperson - Carl Jullie Secretary/Treasurer - Steve Sarkozy Civ, OCT 16 '92 1 1991 Elected City Manager/ City of Representative Administrator Bloomington Neil Peterson Mark Bernhardson Brooklyn Park James Krautkremer Craig Rapp Burnsville Daniel McElroy Greg Konat Eagan Tom Eagan Thomas Hedges Eden Prairie Doug Tenpas Carl Jullie Edina Frederick Richards Kenneth Rosland Inver Grove Heights Rosemary Piekarski-Krech Robert Schaefer Maplewood Joe Zappa Michael McGuire Minnetonka Timothy Bergstedt James Miller Plymouth Kim Bergman James Willis Roseville Vernon Johnson Steve Sarkozy Shoreview Ben Withhart Dwight Johnson White Bear Lake Harry Mares Mark Sather Woodbury Ken Mahle Barry Johnson Chairperson - Neil Peterson Vice -chairperson - Carl Jullie Secretary/Treasurer - Steve Sarkozy Civ, OCT 16 '92 1 t m -y Eide Helmeke & Co. Certified Public Accountants & Consultants IADEPENDENT AUDITOR'S REPORT To the Board of Directors Municipal Legislative Commission We have audited the accompanying balance sheet of the Municipal Legislative Commission and the related statement of revenue, expenditures and changes in fund balance - Budget and Actual of the Commission as of and for the year ended December 31, 1991. 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 audits. The financial statements of Municipal Legislative Commission for the year ended December 31, 1990 were audited by other auditors whose report, dated May 31, 1991, expressed an unqualified opinion on those statements. 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 misstate- ment. 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 the Municipal Legislative Commission as of December 31, 1991, and the results of its operations for the years then ended in conformity with generally accepted accounting principles. May 15, 1992 Minneapolis, Minnesota I CURRENT ASSETS Cash Accounts receivable Interest receivable CURRENT LIABILITIES Accounts payable FUND BALANCE Undesignated MUNICIPAL LEGISLATIVE COMMISSION BALANCE SHEETS DECEMBER 31, 1991, AND 1990 ASSETS, , 1991 $21,719 5,226 $26,945 LIABILITIES AND FUND EQUITY $ 229 26,716 $26,945 See notes to financial statements. M -y 3 1990 $13,534 2,012 15 c 546 $ 5,959 9,587 $15,546 CiM OCT 16'92 m-4 4 MUNICIPAL LEGISLATIVE COMMISSION STATEMENTS OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL FOR THE YEAR ENDED DECEMBER 31, 1991 (With Comparative Actual Amounts for i 1990) 1991 -1990 Favorable (Unfavorable) Budget Actual Variance Actual REVENUE Member contributions: Bloomington $ $ 12,000 $ $ 12,500 Brooklyn Park 12,000 12,500 Burnsville 12,000 12,500 Eagan 12,000 12,500 Eden Prairie 11,335 12,500 Edina 12,000 12,500 Inver Grove Heights 6,555 7,517 Maple Grove - 12,500 Maplewood 9,048 10,257 Minnetonka 12,000 12,500 Plymouth 12;000 12,500 Roseville 10,342 12,175 Shoreview 7,226 8,364 White Bear Lake 6,972 8,262 Woodbury 5,988 6,475 $152,800 $141,466 ($ 11,334) $165,550 Meeting reimbursements 3,500 5,267 1,767 5,109 Interest on investments 2,700 4,735 2,035 3,867 Total revenue 159,000 151,468 ( 7,532) 174,526 EXPENDITURES l Professional services: Messerli and Kramer 127,000 •127,000 - 97,000 Mona, Meyer, McGrath 6,000 - 6,000 3,971 Meeting expenses 3,500 5,768 ( 2,268) 5,109 Audit 1,100 1,100 - 1,100 Supplies 1,000 243 757 - Special projects 20,400 - 20,400 - Miscellaneous - 228 ( 228) 342 Total expenditures 159,000 134,339 24,661 107,522 REVENUE OVER EXPENDITURES 17,129 17,129 67,004 FUND BALANCE (DEFICIT) - BEGINNING OF YEAR 9,587 ( 57,417) FUND BALANCE - END OF YEAR 26 716 9 587 See notes to financial statements. CIM OCT 16'92 M- 4 MUNICIPAL LEGISLATIVE COMMISSION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 1991 NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Municipal Legislative Commission conform to generally accepted accounting principles applicable to governmental units. The following is a summary of the significant accounting policies. A. Orzanization and Purpose - The Municipal Legislative Commission (MLC) is an organization formed by a joint and cooperative agreement dated February 15, 1984, of certain municipal governmental units of the State of Minnesota for the purpose of developing legislative programs on matters of mutual concern and interest, and to identify, review and actively oppose proposals which may be in conflict with the interests of the member municipalities. Each city appoints two representatives to its Board of Directors (one elected official and the City Manager or Administrator) with each director entitled to one vote. The Commission shall be in operation until less than four members remain, or otherwise dissolved upon mutual agreement or operation of law. Upon dissolution, all remaining assets and obligations shall be distributed among the remaining members in proportion to their contributions. B. Fund Accounting - A General Fund is the only fund considered necessary for purposes of accounting for the Commission's financial resources. C. Basis of Accounting - The modified accrual basis of accounting is followed in conformity with generally accepted accounting principles. Under this method revenues are recognized in the accounting period in which earned and become measurable and available, and expenses are recognized in the accounting period in which incurred and available. D. Budgetary Data - The Commission's bylaws state that a budget shall be formulated on or before August 1 of each calendar year for purposes of planning for the ensuing calendar year. Final action is to be taken by the Board of Directors on or before November 1 of each year. The Commission adopted a cash basis budget which is not materially different than the modified accrual basis. During the budget year, no supplemental appropriations or amendments were made by the Commission. All appropriations lapse at year end. E. Revenue - Revenue of the Commission consists primarily of member contributions which are recognized in the accounting period to which they apply. The* Commission is funded by member contributions based on a per capita rate subject to an annual maximum for each member city. F. Comparative Data - Summaries of comparative data for the prior year have been presented in the accompanying financial statements to provide an understand- ing of changes in financial position and operations. NOTE 2 CASH AND INVESTMENTS Deposits: In accordance with Minnesota Statutes, the Commission maintains deposits at those depository banks authorized by the Commission, all of which are members of the Federal Reserve System. CIM OCT 16I M-4 NOTES TO FINANCIAL STATEMENTS - Page 2 (See Accountant's Comilation Report) Minnesota Statutes require that all Commission deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or bonds (140% in the case of mortgage notes pledged). Minnesota Statutes also require that securities pledged as collateral be held in safekeeping by the Commission treasurer or in a financial institution other than that furnishing the collateral. During 1991, and 1990, the Commission invested jointly with the host City's portfolio (pooled investment fund). Collateral arrangements are made as a part of the host City's portfolio. ciM OCT 16'92 September 21, 1992 Mr. Bob Renner Municipal Legislative Commission 1500 Northland Plaza 3800 West 80th Street Bloomington, MN 55431 SUBJECT: CITY COUNCIL POSITION WITH RESPECT TO LOCAL GOVERNMENTAL TRUST FUND Dear Mr. Renner: At our August 31 meeting, the Plymouth City Council considered adoption of a resolution which would support a constitutional amendment to preserve the integrity of the Local Government Trust Fund. Ultimately, we decided not to adopt the resolution. While= the Plymouth City Council endorses preservation and funding of the Local Government Trust Fund as actable ongoing source of funding for local government assistance, we are concerned about the use of a constitutional amendment to accomplish this objective. Plymouth is prepared to work with the Municipal Legislative Commission to achieve preservation and continued funding for the Local Government Trust Fund by means other than a constitutional amendment. Only if such measures fail would the City Council be prepared to consider an amendment to the State constitution. Sincerely, i Kim M. Bergman Joy Tierney Mayor Councilmember John Edson Maria Vasiliou Carole Helliwell Councilmember Councilmember Councilmember M-4 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 CIM OCT 16 '92 1992/1993 DUES STRUCTURE* .35 $12,000 $12,000 $12,000 $12,000 $12,000 $9,243 $10,978 $12,000 $12,000 $11,723 $8,719 $7,487 $132,150 *$.30 per capita and a $12,000 maximum is the 1991/1992 dues structure using 1991 Metropolitan Council population estimates. CIM OCT 16'92 ($12.000 MAXIMUM) .25 .30 Bloomington $12,000 $12,000 86,453 Burnsville $12,000 $12,000 51,743 Eagan $12,000 $12,000 49,158 Eden Prairie $10,023 $120000 40,091 Edina $11,520 $12,000 46,079 Lakeville $6,602 $79922 26,408 Maplewood $7,841 $9,410 31,365 Minnetonka $12,000 $12,000 48,658 Plymouth $12,000 $12,000 52,492 Roseville $8,373 $10,048 33,493 Shoreview $6,228 $79,474 24,912 Woodbury $5,348 $6,418 21,392 TOTALS $115,935 $125,272 .35 $12,000 $12,000 $12,000 $12,000 $12,000 $9,243 $10,978 $12,000 $12,000 $11,723 $8,719 $7,487 $132,150 *$.30 per capita and a $12,000 maximum is the 1991/1992 dues structure using 1991 Metropolitan Council population estimates. CIM OCT 16'92 e MUNICIPAL LEGISLATIVE CONIlOSSION 1992 - 1993 PROPOSED BUDGET 1991 1992 1993 Revenues: Dues $141,463 $123,810 $125,272 Interest 3,500 3,500 5,000 Reimbursement for Meetings 5,000 5,000 4,000 Total Revenues: $149,963 $132,310 $134,272 Expenses: Professional Services: Messerli & Kramer $127,000 $117,000 $127,000 Mona, Meyer & McGrath 6,000 0 0 Meeting Expenses 5,000 5,000 5,000 Audit 1,100 1,100 1,100 Supplies 1,000 1,000 1,000 Contingency Fund 9,863 8,210 172 Total Expenses $149,963 $132,310 $134,272 Fund Balance December 31, 1991 $9,587 Projected Fund Balance December 31, 1992 $17,797 Projected Fund Balance December 31, 1993 $17,969 M -y Cim OCT 16'92' WILLIAM F. MESSERLI ROSS E. KRAMER TOM TOGAS DAVID R. KRACUM MARK S. LARSON TIMOTHY J. DAUER ROBERT O. RENNER, JR. SANDRA L. NEREN RANDOLPH W. MORRIS CHRISTOPHER S. HUNT JAMES C. WICKA PAUL A. SORTLAND JOSEPH B. NIERENBERO WILLIAM C. HICKS -- DAVID D. BEAUDOIN •-• WILLIAM M. HABICHT PAUL W. ANDERSON MESSERLI & KRAMER ATTORNEYS AT LAW 1500 NORTHLAND PLAZA BUILDING 3800 WEST BOTH STREET MINNEAPOLIS, MINNESOTA 55431-4409 (612) 893-6650 FACSIMILE (612) 893-6755 WRITER'S DIRECT DIAL NUMNER PROPOSAL TO RENEW CONTRACT. WITH THE MUNICIPAL LEGISLATIVE COMMISSION M-4 WILLIAM D. TURKULA FRANK S. FARRELLIJR. ANN M. SETNES JOHN F APITZ ANNE L.JOHNSON LEANNE O. LITFIN PETER O. MAGNUSON FLORENCE HUMPHREY BATCHELOR MICHAEL L. WEAVER -ALSO ADMITTED IN NORTM DAKOTA . ALSO ADMITTED IN SOUTH DAKOTA .. ALSO AOMTTEO IN WISCONSIN *ALSO ADMITTED IN MONTANA Messerli & Kramer (the Firm) would be pleased to continue its legislative representation for the Municipal Legislative Commission (MLC). The Firm's basic approach and methodology will remain the same unless the MLC requests a different approach or methodology. The principal attorney responsible to the MLC will continue to be Robert G. Renner, Jr. The Firm's proposal to renew its contract with the MLC is separated into two time frames: * The 1993 Legislative Session (January 1993 through May 1993) * The 1993 Interim (June 1993 through December 1993) Compensation for professional services during the period of January 1, 1993, through May 31, 1993, shall be based on five monthly retainer installments of $12,500. The Firm will bill all services performed during this five-month period at $110 per hour. Compensation for professional services during the period June 1, 1993, through December 31, 1993, shall be based on seven monthly retainer installments of $7,500. The Firm will bill all services performed during this seven-month period at $110 per hour. A summary of proposed fees for professional services is attached as Appendix A. In addition, during the 12 -month contract period, the Firm shall be reimbursed for all out-of- pocket costs and expenses, not to exceed $1,000 per month without prior approval. The Firm outlined its policies regarding conflicts of interest in its initial proposal dated July 21, 1986. It is again attached to this proposal as Appendix B. In addition, the Firm includes the following two paragraphs as an addendum to its conflict of interest policy. CIM OCT 16'92 The Firm has regularly appeared before municipalities on behalf of private clients of the Firm. The Firm will continue to appear before municipal bodies and agencies who are members of the Municipal Legislative Commission on behalf of private clients. We undertake representation of the Municipal Legislative Commission with the understanding that continued appearances before municipalities who are members of the Municipal Legislative Commission do not present a conflict of interest. The Firm is active in representing several other clients before the Minnesota Legislature, state agencies and metropolitan agencies. Should a situation arise where our representation of another client conflicts with our representation of the Municipal Legislative Commission, we will contact you immediately. We will then meet with you and the other concerned client to explain the nature of the conflict. Should it be impossible to resolve the conflict to the satisfaction of all parties, we may be required under the Code of Professional Responsibility to withdraw from representation on the conflicting issue. However, we would be able to continue to undertake representation of the Municipal Legislative Commission and other clients on all other issues. Signed on behalf of the MUNICIPAL LEGISLATIVE COMMISSION Signed on behalf of MESSERLI & KRAMER Date: Date: M -y CIM OCT 16'92 APPENDIX A Dates Term Per Month Total January 1, 1993 - May 31, 1993 5 months $12,500 $62,500 June 1, 1993 - December 31, 1993 7 months $7,500 $52,500 TOTAL 12 -MONTH CONTRACT* $115,000 *Plus out-of-pocket costs and expenses not to exceed $1,000 per month without prior approval. cim OCT 16'92 0-4 APPENDIX B CONFLICTS OF INTEREST Messerli & Kramer is acutely aware that conflicts between clients can be devastating to their legislative programs. We assume the affirmative obligation to examine the issues presented by any potential client for conflict with existing client legislative initiatives. To that end, we have developed a Conflict of Interest Policy which we include as part of all client representation agreements. It is our belief that most conflicts can be avoided through a commitment to early identification of issues and by notification of clients. MESSERLI & KRAMER LEGISLATIVE CONFLICTS OF INTEREST POLICY Messerli & Kramer has a positive obligation to detect promptly and report immediately any potential conflict between the legislative objectives of its clients. All legislative clients also have an affirmative responsibility to detect and report potential conflicts and notify Messerli & Kramer regarding them. A conflict of interest exists whenever any legislative client or the Firm determines there is a conflict. We make every attempt to identify any potential conflicts of interest with existing clients prior to Messerli & Kramer's employment by a new legislative client. This process includes a full discussion within our Legislative Department and disclosure of the potential conflict issues with existing legislative clients who may be affected. If any significant conflict becomes apparent that cannot be resolved at this stage, the Firm will decline the new representation absent client consent. cpm OCT 16'92 M-4 If a conflict of interest arises between two or more existing legislative clients, the following guidelines will apply: (a) An attempt will be made to resolve or compromise the conflict between the clients. A compromise must be with the consent of all affected clients. (b) If a client elects to withdraw the conflicting issue from its legislative program, the conflict of interest will be considered resolved. (c) If the conflict is not removed by client withdrawal of the issue or compromise of the conflicting points of view, Messerli & Kramer must withdraw from representation of all clients on that particular legislative issue. Messerli & Kramer will contact appropriate parties to explain the conflict and the Firm's withdrawal from the issue. (d) The client, with the Firm's assistance, will be responsible for malting their own arrangements for legislative representation on that issue. Messerli & Kramer will renegotiate any retainer or contract agreement with an affected client to reflect the withdrawal. If a pattern of conflicts develops between legislative clients, the Firm will evaluate the situation with the affected clients. The Firm will cease representation as necessary to eliminate any continuing conflict of interest and will explain the withdrawal to all affected parties. CIM OCT 16 '92 The Metropolitan Council invites you to a PLANNING FORUM to discuss a Metropolitan Development and Investment Framework Staff Report: Background and Issues The Metropolitan Council has begun to reexamine and revise the Metropolitan" Development and Investment Framework (MDIF), the Council's regional growth management strategy. Council staff has prepared a background paper that summarizes many of the issues that it believes should be addressed as the MDIF is revised. This background paper will be used by the Council to stimulate public discussion And comments on issues affecting the MDIF and its revision process. This staff report will be the subject of a forum on Oct. 22. The forum will include a brief staff presentation followed by small -group discussions. DATE: Thursday, Oct. 22, 1992 TIME 9:00 am - Noon LOCATION: Metropolitan Council Chambers Mears Park Centre 230 E. Fifth St. St. Paul RSVP: Call Karen Patraw of the Council staff at 291-6363 CIM OCT 9 -'92 CIM OCT 16 '92 ROBBINSDALE AREA COMMUNITY EDUCATION CENTER 4139 Regent Avenue North Robbinsdale, Minnesota 55422 (612) 535-1790 October 13, 1992 Frank Boyles, City Manager 3400 Plymouth Boulevard Plymouth, MN 55447 Dear City Manager Boyles: Windows of Opportunity, a service of Independent School District 281, Community Education and Facilities, recently attempted to schedule a disability awareness event where local city officials would visit local businesses while simulating a disability. Although many local officials expressed an interest in participating in this event, we were unable to get enough participation for October 19, 20 or 21, 1992. Instead, plans are under way to reschedule the event for this winter/spring. Once a date is selected for the event, notices will be sent out well in advance to enable more participation from city officials. Thank you for your interest in exploring local disability issues. Sincerely, 7" C4-,Jw Mary Cordell Coordinator Windows of Opportunity pr Enclosure: Brochure WofO Corres 10.13.92 INDEPENDENT SCHOOL DISTRICT 281 Robbinsdale Area Schools Learning for a lifetime of growing > Linda Powell CIM OCT 16 '92 Superintendent Q 3 0 c` 1 a� C U c0 li p. d i o. V o 6 Cu ca s E C m CC m CD M.2 CL co n J wU'j) O 2 a� •e c"o �a �Y C (9 LL CL O �L c a Ln C? 0 c�0 41 � c E O C w U 'to n� a� C CU M U a>�c � co C U 000 U U) =E _w SET' d cEa E ... o 0 Co O Cu �za.0 a � °0 0 _= WCa a)(n.c mw.O•? _ m m E c a m in CO C7 o c c' E 0 o Ca :) c 6 «: C • E o> N 6 :3 C0 r c E v E a GI, m o C E GLA . �00 m -I GIM OCT 16'92 Y Cl) CD.� Q) O O a) i 3 I'D 0 9 L r / M � 0 0 1 M Zn U n �D ti ao C o (n H J C U U cn o U y . 0 o a) _ a c. a) N U Y 6~ Lo in O O o a+ fA Cp C 0 = tnU c .-. p E a, t M O C7 ffiM 1 Y t+ u� a�— c ;+ E R a) O d m E d ha w 9•a a» _ - C >, ` N O c0 C ` E E 2 w. E cn O CG +•CD o O >, CL 0 0 o OC IL E 6 m OL E 105 12LnLO E n N w E co ��'J c c0 C to C O 9 c taw) N Q E 9� aD C fB M C O t O M m C m '� c0 m N U CD N O L > N z Co O f0 c6 e-1 c M= 007 rIC7 w> Y o Q 3 0 c` 1 a� C U c0 li p. d i o. V o 6 Cu ca s E C m CC m CD M.2 CL co n J wU'j) O 2 a� •e c"o �a �Y C (9 LL CL O �L c a Ln C? 0 c�0 41 � c E O C w U 'to n� a� C CU M U a>�c � co C U 000 U U) =E _w SET' d cEa E ... o 0 Co O Cu �za.0 a � °0 0 _= WCa a)(n.c mw.O•? _ m m E c a m in CO C7 o c c' E 0 o Ca :) c 6 «: C • E o> N 6 :3 C0 r c E v E a GI, m o C E GLA . �00 m -I GIM OCT 16'92 i 'n a C C u m—$ 1 r- V Npp N LL_ O.N-NN a) ���'� m E m z O ZF- c9O r N -17t cl' �t +v M r r N Ch U N CO r Ch N O Ch 02 aWA� 0 $3UP. N O) r CO N N 0 x N �+ r i�¢�L16U N N w 0 WW W Q> 00 au °i0o c„)SN O �In COQ r� N C-4 `o v0 z�Z.. 0 0 0 0� u�oz wwW ?3 a moa S N iz N a rCD N m—$ U) LoTa)� LL_ N CD M O T N m E N co N Ch a C% CO In 2 1 r- V Npp N LL_ O.N-NN a) ���'� m E m z O ZF- c9O r N N O (O N M �CoLoE�R U) LoTa)� LL_ N CD M O T N m E N co N Ch a C% CO In 2 1 r- W z 0 z w ciM OCT 16 '92 W i' u rn-$ f� r N N Lo CY a) LL T N O O i CO O r IT m N CO .G - +'EEE`3 N O w NN •�V /Cc, 1..1 r T CO T •V �V r My V ^ N N co N N w �Or2N u 9 ba 1U a r8 0 Lf) N ci) M TO r N M a z04 zU ¢ V w z z LL a) Q Q� T 00 T N NN a �--� A4 Zi(�i� A ,..,, � � ' V) a a �.,� a s m~ O n .t N N t5 p Dov r>UUcn CD�w$u to N �,�°'� v . !R N .__ w O,'O 0 �E Q Oicr. PCI W J Q WWD Cr) U' pgN r r m � '!' '' In `D N o :C0 z - o.�> U DC7 Uz '' oaf: a Oil Uz O Uwz 0 d g to CO en Ch O g� x NU p vi r� �'': N �t- r r CD N N CIM OCT 16 '92 N m ON rr O > a c a LL Li N c\ O� O N O) c0 LA r r N rrNN a� �n N rn co r c� i m3 O r N N a O (CO~ ca M O N > P O w Ico Vj W Or ti U d' r N U a U �z c� o�z Cr) r r N Q � .. z � Z 0 < zx�� �o�a� E ¢Ugv c0 M O N N Ch o z z 3a� p°az cn $O'V gN Lncn N-°wgU O) r � OD r `O c\J N d z. ° a z U� �.U� 0 O f� r c\l N r N c0 N N c\ O� O CIM OCT 16 '92 NOf tO lu-� cpO'�� NN co to M m� rrNN a� �n N rn co r N i m3 O r N N a `�r�'N (CO~ ca M O N > P O w Ico MOTNC7 W CIM OCT 16 '92 nrNNr lu. N N C40T a� �n N rn co •- � N i m3 GON a E M O N > P O w CIM OCT 16 '92 N M tD N M C40T M r N N P W z C7 z P w w A W CIM OCT 16 '92 M-8 CITY COUNCIL - OCT. 19 - NOV. 1 October -November 1992 October 19 1. MONDAY 3 October 26 5:00pm COUNCIL STUDY SESSION 6 4:30pm COUNCIL STUDY SESSION 8 9 10 6:30pm PLYMOUTH FORUM 12 7:00pm COUNCIL MEETING 777 15 16 17 18 October 20 - -.:TUESDAY. J October 27 23 24 6:30pm *HRA 26 October 21 IWEDNESDAY 29 October 28 6:00am PUBLIC WORKS OPEN HOUSE (For 6:45pm PLAN FORUM employees) 7:00pm PLAN COMM. 7:30am District 281 Government Advisory Council 5:00pm **Municipal Legislative Commission October 22 1 THURSDAY I October 29 Metro Waste Control Workshop - Spring Hill Ctr 9:00am Metro Council Planning Forum October 23 FRIDAY October 30 October 24 SATURDAY - = October 31 TwinWest Chamber - I-394 Gala Grand Opening Customer Counter Open 1-3..p�m.-Absentee Voting 1:00pm PUBLIC WORKS GARAGE OPEN HOUSE Halloween (For Residents) October 25 SUNDAY . November 1 Daylight Savings M T W V�TVvF S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *REVISED MEETING **NEW MEETING M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 10/15/1992 GIM OCT 16 '92 CITY COUNCIL - NOV. 2 - 15$ November 1992 November 2 1 .-mo Customer Counter Open until 7 p.m. - Absentee Vote I November 9 5:30pm BUDGET STUDY SESSION III 7;OOpm COUNCIL MEETING _ November 3 GENERAL ELECTION DAY . .."TU DAY I 7:00pm BOARD OF ZONING November 10 November 4 7:00pm PLANNING COMMISSION JWEDNESDAYJ November 11 Veterans Day - City Center Offices Closed 7:30am FINANCIAL ADVISORY COMMITTEE November 5 THURSDAY_ 6:30pm **AMM Policy Adoption Meeting - Decathlon Club 7:00pm PRAC November 12 November 6 FRIDAY November 13 November 7 SATURDAY I November 14 November 8 SUNDAY 1 November 15 *REVISED MEETING **NEW MEETING 10/15/1992 AM OCT 16 '92 November December M T W T F S S M T W T F S S 1 1 2 3 4 5 6 2 9 3 10 4 5 6 11 12 13 7 14 8 15 7 8 9 10 11 12 13 16 17 18 19 20 21 22 14 15 16 17 18 19 20 23 24 25 26 27 28 29 21 22 23 24 25 26 27 30 28 29 30 31 *REVISED MEETING **NEW MEETING 10/15/1992 AM OCT 16 '92 CITY COUNCIL - NOV. 16 - 29 $ November 1992 November 16 6:30pm PLYMOUTH FORUM I., -MO DAX November 23 7:00pm COUNCIL MEETING 10 November 17 :.TUESDAY. 14 November 24 6:30pm BUDGET STUDY SESSION IV : - : • •: 6:30pm HRA November 18 6:45pm PLANNING FORUM 7:00pm PLANNING COMMISSION JWEDNESDAYI 21 November 25 November 19 THURSDAY 25 26 November 26 Thanksgiving - Offices Closed November 20 FRIDAY November 27 Thanksgiving Holiday - Offices Closed November 21 SATURDAY. I November 28 November 22 SUNDAY . . November 29 Novemner 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 **NEW MEETING December 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 10/15/1992 11M OCT 16 '92 r_n_ , : t.a ''•a,' ir_.: J,:: HOLHE_: . r_F'1--I'.°C! I HOLMES & GRAVEN CHARTERED Alloraeys rI Law 470 PUWwry Center, MinnaapoM, Mlnnciota 35402 (612)337.9300 ROBERT A ALSOP RONALD H. BATTY STEPHEN J. NUBL'1. JOHN U. MAN MARY G. DohaDis STEFA.N1E N. GALL'1' CoRRiNE A. HEtNr. JAMES S. HOLMr_ti DAWD 1. Kk?.NEDY JOHN R. LA1LSON WELLLNGTON H. LAA CHAs1.es L. LrF'nTRr. October 9, 1992 Frank Boyles City Manager City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 RE: City of Plymouth V. W. J. Court File No-: CD -2215 Library Site Condemnation our File No.: PL100-107 Gentlemen: F.CAIMile (612) 337.9310 WRITER'S DIRECT DIAL 337-9219 Fred Moore Director of Public Works City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Cavanaugh, et al. P.1 I-1 JOHN M. IXYEVR4 JR. ROBERT J. LDiDALL LAURA IL MOLLLT BARYARA L PORTWOOD JAhM M.STROMMYN JAWS J. THOMSON, JR. LABBYM. WERTHEEM BONNIE L W I LiON5 QARY P. WINTER DAY1D L C,RAv1o: (tn9-1991) oP C0_ N5 LL ROBERT C. CARLBON Roma L. DAvm9ON Enclosed herewith is a letter dated..October.. y.,__18.92 which was received by me on October 10, 1992 from Thomas B. Humphrey, Jr,, counsel for the Ca_vanaughs, .toget'lier with -their Notice of Appeal of the Commissioners' Award in this matter . If you 1A-ish to appeal the Award on behalf of the City, the Notice of Appeal must be sc!rved within 10 days following the date of the Notice of Appeal on behalf of the r_ __Cry vie w of -thy owlior's appeal.y'QU file such_a notice of.appeal ___This will preserve your right to argue for a value which_is.lowe_r than the amount of the _ ,6rr1unsi6il©rs' Award, We would be happy to handle the appeal oil behalf of the City. Please advise me as soon as possible whether the City wishes to appeal and whether you wish to have our firm represent the City in this matter. If y u ve any. question plea giv me a call. Y very t uly, Re e J J. Lindall RJL:ckr cc!: James Thomson RJL47.78.1 PL100-10.1 014 OCT 16 '92 I y 1.11_ i r.4 `,_ i L I.-' f-U:lLf•IE'. _*. I JA -L'.1 A LARKIN RODCRT L HO✓f... JACK 1 DAL, O r(C NNL TN t�NQOkr. G'.t ALDH PAIL DOLL ALLwN C HUl l 1GAN NC7 JnC CNrC.KbON Co_kO J O:.i LCOLL G(NL N /u. LCR JO- O luI LNi H RONCRT G OOTLC ,HANK. ..RVCT CHARLL3 3 N�IO[LI C.R1310�••CAJ Mr T(LN JO..N R OL.YLI L.NDA N THOMAS P ]1 OLTM.N N.C.A CLC JAC .A. DIL.L JON n SwIL11iLW ]... 7NO.wAJ ,LYNN Jw Q0 0 P lO. rk[C.A CMAH n[rC• . f�CCK JCPOM(H NAHNKI bNL b N.LL N OHAN GCH.LQ L 91c✓ JON.O LVNOOU111 OATLL NOLAN .;H .R CRro, TNONASV NVMPnkf� JH M.CHALL7 NeN ,,0NN A CQTTCP• RCA7R.LL A P07HwrH co October 9, 1992 LAFtItI�t. HOFFNI.�N. D.•\1.1° & 1ANDGREN. LTD ATTORNEYS AT LAW .500 NORWC3T rINANGIAL CENTER 1900 XER%ES AVCNUE SOUTH BLOOMINGTON MMNri07T . 55431 7CLCPH0NC IQ121 634.3600 rA.x Idyl 690 :JJS3 State of Minnesota office of the Attorney General Hubert H. Humphrey, III 102 Capitol Building Aurora Avenue St. Paul, MN 55.155 ,Hennepin county Board' of Commissioners 2400 Hennepin County Government Center Minneapolis, Minnesota 55487 Robert J. Lindall, Esq. Holmes & Graven 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 Re: City of Plymouth v. W. J Court File No.: CD -2215 Our file No: 19,161-00 Dear Sir/Madam: Cavanaugh, et al. P. I-1 PAUL G PLUNKCTT ALAN L K.LOOw AA,.LCC/1 M NCW-AN N.CNACL b LCAARON GRLGORr C K045TAD GARY A. VAN CLCVC• Ow H.CL L •Vwt C] TOO. H VLA7VOV.GH T.MOTHT J N,..N V9 TIMOTHY J KLAN' Dor... L ROGACA N.0 NACL w SC.LCY M1CNw[L. RORLRT36N L:.A A OAA' GARY. C..CAE SHANNON K MCC..8R1000 CHRIbTD,N'R J .wk R.bT11..t -11A. C GR.r w jr. JOHN J 57Crr L..ADCN oANICI w VOSb I..R.1 AKV111H 'o... NIL. JANCb k MART.N THOMAS J 3LYMOUk '•' N CH.CL J 3M.T. /RCOCk.cK K HAVSLR NI NARY' VOS LORC. A 51HGC. LARRY Q MART.. Q/ CDU.6c, wC.00L_ R A.ULRSON ..C.A.0 A NOROGIC LSo AoN.n'o .. HAND DL*=VtRED Enclosed and served upon you in connection with the above -captioned matt:er,,:plea)e find Respondents Notice of Appeal of Commissioners, Award. Sincerely yours, ---Thomas B. Humphrey, Jr., f -or LARKIN, HOFFM.A.N, DALY & LINDGREN, Ltd. Enclosure: ccs w. J. cavanaugh TrBH:JG5:sjr CIM OCT 16'92 STATE OF MINNESOTA COUNTY OF HENNEPIN City of Plymouth, a Minnesota municipal corporation, Petitioner, v. w. J. Cavanaugh and Jeannine Cavanaugh, Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT Court File No. CD -2215 CASE TYPE: Condemnation NOTICE OF APPEAL OF COMMISSIONERS' AWARD Date of Order: September 2, 1992 --- ------- ------- --�------ - -y IN THE MATTER OF THE CONDEMNATION OF CERTAIN REAL ESTATE IN THE COUNTY OF HENNEPIN, STATE OF MINNESOTA, FOR TBE PURPOSE OF BOILDING A LIBRARY ---------------------------------- '.t,'): iiennepin County Court Administrator, 1251 Courts Tower, iiennepin County Government Center, Minneapolis, Minnesota 5513/. you will PLEASE TAKE NOTICE that the Respondents herein, W. J. Cavanaugh and Jeannine Cavanaugh, hereby appeal to the distr.ic:t court of the county of Hennepin, state of Minnesota, pith Judicial D,striC.t, from the award in the amount of $9G3,000.00 and all. conditions thereto contained in the report r�f the commissioners in the above entitled matter filed with the clerk 0f..said court on the 2nd day of September, 1992, for and on aC,counL of the condemnation, appropriation, and taking of t -'sick parcel of land by the Petitioner herein. The land to which said award relates is located in Hennepin County, state of Minnesota, and is described as follows, to--wlt: CIM OCT 16 '92 -T i i:+ "=1;_ 1 t.: 1 _ HOLI-IF S PH'•:%EI I P. •A I-1 'shat part of the West 491.92 feet of the South 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 21, Township 118 North, Range 22 West of the 5th Principal meridian lv:.ng Northerly of the Northeasterly line of State Highway No. 55 as acquired under. Final Certificate filed as Document No. 2871705, According to the map or plat thereof, on file and of record in the Office of the County Recorder for Hennepin County, Minnesota. Together with any and all streets and alleys adjacent thererto, vacated or to be vacated, and together with any and all appurtenant easements. That the nature of Respondents' claim and the grounds of this appeal. are that said award of damages herein appealed from i::,to the undersigned respondent for i. r, .aciec;uate compensation t1.1*e vallje of the land taken; that said award is contrary to the evidence presented at the hearing thereon and is contrary to law; and that the damages for the taking of said premises therai.n :ire at least $1,500,000.00. Date(? this day of October, 1992. somas B. Humphrey; Jr. (481 ) Timothy J. Keane (165323) LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Attorneys for Respondents W. J. Cavanaugh and Jeannine Cavanaugh 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 (612) 835-3800 2. Tt3H:JF9:sjr CIM OCT 16 '92 Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 Date: October 6, 1992 To: ALL CITY MANAGERS Subject: 1993 SAC RATES This is to inform v ii thath trnpo] i tan Waste- Control Commission has -found it necessary to increasg the gewer Service Availability Charge ISAC --)--.rate by 5effective January 1, 1993 (Resolution Number 92-178). The SAC rate for the communities that do not have interceptor sewers (those shared by two or more communities) was increased by $65 to $625, also effective January 1, 1993. These communities are Chaska, Cottage Grove, Hastings and Stillwater. SAC is collected by your community as users connect to the Metropolitan Disposal System or as a user's potential or peak sewage discharge increases. The SAC funds collected pay for the debt incurred to expand and improve sewer facilities. These facilities provide the sewer collection and treatment service stipulated for your community in the Metropolitan Council's comprehensive sewer plan. Please note: All SAC fees collected by the community in 1993 are to be remitted to the Commission at the 1993 rate regardless of when the permitting process began. The rate to be charged is the rate in effect at the time of payment. If you have any questions, please contact Teri Keegan at 229-2196 or Sandra Selby at 229-2118. Your cooperation is greatly appreciated. Sincerely, a % Vwpd- Gordon O. Voss Chief Administrator GOV:SLS:kme CTYMGRS.SLS cc: Building Inspections Department S. Selby, MWCC D. Bluhm, MWCC T. Keegan, MWCC U, • t.r; �:;/i( `tet Equal Opportunity/Affirmative Action Employer f. ��a CIM OCT 16 '92 1-3 M E M O R A N D U M TO: COUNTY AUDITORS CITY CLERKS FROM: JOAN ANDERSON GROAE SECRETARY OF STATE DATE: OCTOBER 91 1992 SUBJECT: 70% CHALLENGE DRIVE Enclosed is a copy* of the press release announcing a 70% challenge to Minnesota voters for the 1992 presidential election. I invite you to participate in the effort. All challenges should be reported to the Secretary of State's Office, 70% Challenge Drive, 180 State Office Building, St. Paul, MN 55155. We will provide certificates to winning challenges as well as the county and city with the highest voter turnout. Voter turnout will be the number of eligible -voters who go to the polls. We will use 1990 census data to determine the number of eligible voters in each jurisdiction. If you have any questions or need more information, please call Deputy Secretary -of State, Elaine Voss at (612) 296-2309. Let's hear from you! Minnesota can continue to lead the nation in voter participation if we all join in the effort. EVV/rlp ENCL CIM OCT 16'92 Joan Anderson Growe Secretary of State Elaine Voss Deputy secretary of State Office of the Secretary of State State of Minnesota 180 State Office Bldg. St. Paul, MN 55155-1299 Election Division: (612)296-2805 Business Service Information: (612)296-2803 General Information: (612)296-3266 UCC and Business Service Fax: (612)297-5844 Election Division Fax: (612)296-9073 GROWS ANNOUNCES CHALLENGE TO MINNESOTA VOTERS FOR RELEASE ON October 13, 1992 For More Information: Elaine Voss (612) 296-2309 Today, Secretary of State Joan Growe challenged Minnesotans to turnaround the decline in voter participation and break the 70% mark in voter turnout. "The number of people who vote has been declining in Minnesota as well as around the nation. Minnesota has led the nation in voter turnout in each of the past four presidential elections, but we want to do better," Growe said. "Minnesotans have pride: pride in their communities, pride in their schools and pride in their participation. I believe Minnesotans will respond to the challenge to turn the decline around and break the 70% participation rate in , this presidential election; " Growe stated. "I'm asking counties, cities and townships to challenge one another to get people out to vote. The Office of the Secretary of'State will award certificates to the community over �. 'An Equal Opportunity Employer' Printed with Soy Ink., on Recycled Paper Cirri OCT 16'92 AFSCME I =-3 that has the highest percentage of voters who go to the polls as well as the county with the highest voter turnout. All cities or townships breaking the 70% mark will be recognized," according to Growe. Turnout is based on the number of eligible voters who actually cast a vote in an election. The 1990 census data for the population age 18 and over will be used to determine the number of eligible voters.. Awards will be announced on December 14, the day presidential electors meet to cast Minnesota's vote for President and Vice -President. Turnout figures for the past 4 presidential elections are listed below. VOTER PARTICIPATION RATES 1976 19.80 1984 1988 U.S. 53.5% 52.56% 53.1% 50.15% Minn. 75.4% 71.90% 69.49% 67.23% 'j AJC% -30- C'm OCT 16 '92 a • :0-14-. . ." 1t: .:" 1-15 15 15 16 1:1.5 1`,7 1 1 , , r 4A 6 ;N Plymouth Housing and Redevelopment Authority Senior Apartments Housing Program Procedural Outline 16--31 46 46-56 Activity Responsible Party Multi -family Program drafted HRA, B&F Program submitted to Metropolitan Council for review and comment HRA Public Hearing Notice published at least 15 days prior to hearing date in newspaper circulating generally in the City HRA, B&F Metropolitan County completes favorable review and comment on Program HRA, MC MHFA Application prepared for Multi -family Program HRA, B&F, UW Public Hearing held at Authority Board Meeting HRA Authority passes resolution adopting Program HRA, B&F MHFA Application executed and submitted with $1,000 application fee HRA, B&F MHFA acknowledges receipt of. Application in acceptable form as of day 16 MHFA MHFA's 30 day period to reject Application ends so Application is deemed to be approved MHFA MHFA confirms expiration of 30 day rejection period MHFA Bond Closing may occur any time after MHFA approval date All Parties Cim OCT 16'92 � r 1 O � 1 .: 1 : 4 .• ! : i : ; ': ' i•i I - .{.'•it ' •: 4y? :' (jl• `i f :; (i. ilNAi i,:�f`J I"> . OQT Please note that due to newspaper publication schedules, regular board meeting dates and'document signature and turn -around requirements, there will most likely be some slippage in this time line. Parties HRA - Plymouth Housing and Redevelopment Authority B&F - Best & Flanagan, Dan Nelson UW - Underwriter MC - Metropolitan Council MHFA - Minnesota Housing Finance Agency I 0092Y -2- CIM OCT 16'92 I -?a CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 23, 1992 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Commissioners Dennis Zylla, Ed Albro, Michael Wigley, Barb Stimson, Scott Syverson (arrived at 7:10), and Roger Scherer. MEMBERS ABSENT: Chairman Michael Stulberg STAFF PRESENT: Community Development Director Chuck Dillerud, City Engineer Dan Faulkner, and Planning Secretary Jackie Watson. MOTION by Acting Chairman Dennis Zylla, seconded by Commissioner Wigley to place Item 6 A. on the consent agenda. Vote. 5 Ayes. MOTION to approve carried unanimously. Commissioner Stimson noted that her name needed to be added to the minutes as present for the September 9, 1992 meeting. MOTION by Acting Chairman Dennis Zylla, seconded by Commissioner Wigley to approve the consent agenda. Vote. 5 Ayes. MOTION to approve carried unanimously. PLANNED UNIT DEVELOPMENT DISCUSSION Commissioner Zylla discussed the PUD in terms of LA -1 guiding, regarding lot size. He stated that in reviewing recent developments he found that it looked like the houses fit the smaller lots, and he said he realized this was as it should be since the builder erected a house that fit the lot size. He discussed the Churchill Farms development stating that only 16 lots met the LA -1 underlying guiding lot size (18,500 square feet); that 62 lots were less than 15,000 square feet; and, 19 lots were less than 11,000 square feet, (a total of 113 lots). He pointed out that in Churchill Farms none of the wetlands were below the 100 Year Ordinary High Water Mark, and therefore pond area deductions did not affect the density of the development. Some of the wetland was left open with a few ponding areas. Commissioner Scherer stated that Outlot C of Churchill Farms was developed as a tot lot and could have been developed into buildable lots. Commissioner Zylla stated that the Planning Commission has allowed developers to reduce the lot sizes quite a bit from the underlying guiding in the PUD's. If conventional lots had been developed there would be larger lots, and still CIM OCT 16'92 Planning Commission Minutes Z_7o September=23, 1992 Page 156 10 percent of dry land open space is required. He stated that the City did not receive any benefit by allowing the downsizing. Commissioner Scherer stated that flexibility is needed to accommodate cul-de- sac and wetland areas for the creation of buildable lots. Commissioner Zylla stated that variances could be requested for the unique areas to make them buildable. He stated that the U.S. Homes development saved the oak grove and storm pond, but that there was not a lot of private open space unless it was ponding area. He said that in the Seven Ponds Development there was 5.2 acres of open space, but of this amount, only .123 acres was above the Ordinary High Water Mark. There is 4.93 acres of park, but only .30 acres was above the Ordinary High Water Mark. Director Dillerud said they did not get park credit for the area below the Ordinary High Water level. Commissioner Zylla stated that the major deviations to underlying guiding of LA -1 actually allows the land to be developed as R-2; wetland acres above the 100 Year Ordinary High Water Mark are distorted; open space is generally passive and frequently wetlands; bonus points encourages greater density; zoning code setbacks are inconsistent with code lot area requirements; and, average lot size is a poor indicator of project adherence to the underlying guiding. Commissioner Zylla's Conclusion: The City is receiving no more and maybe less with a PUD than were the City to require conventional platting. He said we should adhere to the underlying guiding; exclude DNR and Army Corps wetlands from calculations; exclude open space dedication; require staff to show median lot size, not average lot size; reject the application if it does not meet PUD . criteria; eliminate bonus points; work closer to staying with underlying guiding; and, hold to 15 foot/15 foot side yard setbacks in LA -1 guided areas. Commissioner Wigley requested that staff chart the step down size of lots with each Preliminary Plat staff report. Commissioner Scherer stated that Plymouth has (wetlands and steep slopes) that are expensive He said he thought visual open space creates homeowners, even though the lots are smaller. the home doesn't seem to matter to people as visible open space. so much irregular topography for developers to work around. a more pleasing atmosphere for He said that the garage side of long as the living areas have Commissioner Zylla said he does not want the LA -1 guided property eroded to smaller lot sizes. He said this is using up the LA -1 guided property in the City. Director Dillerud commented that the City should only take the park land we need, otherwise we are passing up the cash -in -lieu of dedicated land. He stated that conventional platting requires 10 percent open space within the development, or fees in lieu, at City direction. am OCT 16'92 Planning Commission Minutes September 23, 1992 Page 157 Commissioner Wigley stated he looked at many of the PUD's in the City and really could not find anything that looked bad, when comparing lot size to home size. UNITED POWER ASSOCIATION (92075) Acting Chairman Zylla introduced the request by United Power Association for a Lot Division, Conditional Use Permit, Site Plan and Variances for an electric substation located southwest of the Soo Line Railroad at Interstate Highway 494. Director Dillerud reviewed the September 15, 1992 staff report. Acting Chairman Zylla introduced Mr. Lindberg and Mr. Lally, representing the petitioner. Mr. Lindberg stated they were in agreement with the staff report and would be available for to answer any questions. Acting Chairman Zylla opened the Public Hearing. Acting Chairman Zylla introduced a letter into the record from Hennepin County Parks stating that they had no problems with the proposed development. Acting Chairman Zylla closed the Public Hearing. MOTION by Commissioner Wigley, seconded by Commissioner Stimson to recommend approval the request by United Power Association for a Lot Division, Conditional Use Permit, Site Plan and variances for an electric substation located southwest of the Soo Line Railroad at Interstate Highway 494, subject to all conditions listed in the September'15, 1992 staff report. Roll Call Vote. 6 Ayes. MOTION carried unanimously. PAN -O -GOLD BAKING COMPANY (92078) Acting Chairman Zylla introduced the request by Pan -O -Gold Baking Company for a Site Plan Amendment for a 490 square foot addition and variance for a parking lot expansion located at 3200 Ranchview Lane. Director Dillerud reviewed the September 10, 1992 staff report. Acting Chairman Zylla introduced Mr. Bob Gartland, representing the petitioner. Mr. Gartland stated that the request is to repair the bituminous area on east side, a 490 foot expansion of the parking lot, and the addition of two overhead doors, not new docks. Acting Chairman Zylla opened the Public Hearing. cim OCT 16'92 Planning Commission Minutes September 23, 1992 Page 158 %o. Acting Chairman Zylla closed the Public Hearing as there was no one present to speak on the issue., MOTION by Commissioner Albro, seconded by Commissioner Scherer to recommend approval of the request by Pan -O -Gold Baking Company for a Site Plan Amendment for a 490 square foot addition and variance for a parking lot expansion located at 3200 Ranchview Lane, subject to all conditions listed in the September 10, 1992 staff report. Roll Call Vote. 6 Ayes, MOTION carried unanimously. BATON CORPORATION (92082) Acting Chaiman Zylla introduced the request by Baton Corporation for a Residential Planned Unit Development Concept Plan Amendment for Mission RPUD located southeast of Larch Lane and Old Rockford Road. Director Dillerud reviewed the September 15, 1992 staff report. Acting Chairman Zylla asked how this proposal related to the underlying guiding which is LA -1. Director Dillerud responded that this concept better relates to the underlying guiding of LA -1. He said that when the original Concept Plan was approved, the PUD area encompassed guiding of LA -1 to LA -3 at various locations. The allowable unit count based on these various density classes was aggregated across the PUD and redistributed by the PUD Plan without specific regard to the spatial relationship to the then Land Use Guide Plan. The net density impact on the site and related infrastructure did not violate the Comprehensive Plan. Acting Chairman Zylla opened the Public Hearing. Acting Chairman Zylla introduced Mr. Richard Zejdlik, representing the petitioner. Mr. Zejdlik stated he was present to respond to any questions raised by the public of Planning Commission. Acting Chairman Zylla asked if the staff report was consistent with Baton's request. Mr. Zejdlik stated that the trail system would be accommodated as proposed by the City. He said the Park Board originally asked them to stay with the original trail plan. He stated that the homeowners to -the east turned down the ownership of Outlot A previously, and that 600 feet on the south 6-7 acres would handled with a new Homeowners Association, which will include the proposed 3 lots in Outlot A. Acting Chairman Zylla asked for clarification on whether meetings were held by Baton with the Mission Homeowners Association. c+M OCT 16'92 Planning Commission Minutes September 23, 1992 Page 159 I -10k. Mr. Zejdlik stated that 3 meetings were held, and some door-to-door visitation was done. Acting Chairman Zylla introduced Mr. Charles Lymangood of 11780 -40th Place North. Mr. Lymangood stated that he was representing the Mission Homeowners Association. He said that the homeowners object to the piecemeal approach of the development, with the current application not in keeping to the 40 acre PUD minimum. He asked that the developer be required to submit a plan for the entire remaining undeveloped area, and suggested that the Commission deny this request. He asked that the petitioner respond to the question of how much of land in this request is under water. Mr. Lymangood compared this request to the previous 1991 request which was denied stating that the overall cul-de-sac plan is similar; the previous request was for 9 townhomes on the west, this amended plan is for 9 twinhomes; the twinhomes to the east are now proposed as single family on the new plan. He stated that there are no other single family lots situated next to twinhomes in the entire development. He said that the current homeowners would prefer the original condominium plan as it would not require as much hard surface, and would provide better protection of the environment. He said that the 1991 proposal was denied because it did not meet the Zoning Ordinance criteria. He said that the footprint of original plan is less than this amended proposal. Mr. Lymangood stated that the existing homes adjacent to the current undeveloped land need to be protected from the development of new homes being too close to their homes. He said the Homeowners object to the piecemeal approach to development; the similarity of this plan to the previous denied plan; and, the intense development of this open space. Acting Chairman Zylla introduced Mr. Bob Donley of 11740 -38th Avenue North. Mr. Donley discussed the handout he prepared, and gave to the Commissioners and staff. He said that the developer is not adhering to the natural site characteristics of the area; the developer has been given freedom to amend the plan since its original approval, which has benefited the developer; and, that the market has driven the changes requested by the developer, which benefit the developer. Mr. Donley stated that this area is heavily wooded, and that preservation of the natural characteristics of the site, which are unique, are the main concern of the present homeowners. He discussed the number of trees, the topography, and wetlands on this site and the negative impact of this proposal on the land. He showed slides of the natural features of the site, including the wood line, the draw area, and the steep slopes. He stated that the original plan is more sensitive to the natural characteristics of the site. Mr. Donley stated that the current plan for condominiums would have structures 250 feet from the east property line while this new plan will locate homes 20 feet from the existing lot lines. He said that the original plan did not have a street going across the draw area, and that plan was more sensitive to the natural features of the area. cim OCT 16'92 Planning Commission Minutes September 23, 1992 Page 160 Commissioner Wigley asked how close the northerly approved condos would be from the existing development. Mr. Donley responded that he had not measured those. Mr. Donley stated that the street proposed to cross the draw would be at a lower grade than the natural elevation. He said that economics are driving this proposed plan and this is not fair to residents who accepted the 1976 plan. He emphasized that the previously approved private drive was more sensitive to the natural characteristics of the site. Acting Chairman Zylla introduced Marlyn Sjaarda, of 11720 -38th Avenue North. T ---7m Mr. Sjaarda stated that the original design was sensitive to the entire area, and that 16 years have passed since the original plan was approved. He said that meetings with developer have not been effective and the homeowners have had no input into the current proposed plan, which is very similar to the previously denied plan. He said that economics are the main reason for this new plan submitted by the developer. Acting Chairman Zylla introduced Ms. Mona Moede, of 209 Natchez South, Golden Valley. Ms. Moede stated that she would not speak at this time. Acting Chairman Zylla introduced Ms. Rosanne Pankonin, of 5603 Xylon Avenue North, New Hope. Ms. Pankonin stated that she is a Volunteer Naturalist for French Regional Park. She said that she has studied the wildlife in this area. She stated that some of the wildlife that existed in the area of the ski lift moved onto this private land when French Park was developed. She said that French Park was developed primarily as a recreational area and the preservation of the wildlife was not considered in its development. She stated she would like to see some of this area retained as a preserve for the wildlife. Acting Chairman Zylla introduced Ms. Mary Norstad, of 4075 Goldenrod Lane. Ms. Norstad stated that she is concerned about the wildlife, particularly the pileated woodpeckers and owls on this site. She said the change in the Concept Plan creates.a greater footprint that impacts the natural characteristics of the site. She stated that the developer Richard Zejdlik lives on Lot 4 which is one of the best lots in the development, and he does not.have to be concerned about any homes being built near his home, because the area behind it is listed as unbuildable. Thus he is insensitive to the other homeowners concerns. Acting Chairman Zylla introduced Steve Burk, of 11775 -40th Place North. Mr. Burk stated that he agreed with everything that had been said. He said that the upper portion north of 41st Avenue North, is his backyard and he wanted to know what will happen to this northern area. Mr. Burk stated that he is afraid he will lose some bargaining power when the area he lives in is developed if the plans are approved on a piecemeal basis. He said he felt CgA OCT 16,92 Planning Commission Minutes September 23, 1992 Page 161 that too many changes have already been made to the original plan and he would like to see some plans for this northerly area addressed. Director Dillerud described the approved plans for this northerly area of the site. Acting Chairman Zylla called on Richard Zejdlik to address the concerns raised by the public. Mr. Zejdlik stated that he has an option along with several other developers for low income housing in the area of 41st Avenue North but he has no control over this option. Mr. Zejdlik stated that in the currently proposed plan amendment the homes will be at least 70 feet from the rear property lines. He said that condominiums could not be built which would be as sensitive to the trees and natural habitat as would be the single family homes proposed. He said that the area behind his home cannot be developed because it is a wetland. Mr. Zejdlik explained that single family homes can be tucked into the existing trees on a lot easier than condo units, and this would preserve more of the trees on the site. He said that there is a 4,000 sq. ft. difference in footprint of the two plans, with a need for 180 spaces for parking on the old plan versus 60 parking spaces on the new plan. He said that he discussed the proposal for the single family homes with the current homeowners, and proposed that the new single family lots are twice the size of the abutting lots, which will give him more room for the placement of home to preserve the natural features of each lot. Mr. Zejdlik showed some prospective designs of some of the homes he would like to build on the proposed site. He said that both the townhomes and single family homes would be made of brick and will be high dollar amount homes. He explained that he is trying to develop the best possible plan for this site, making sure both the placement of the homes and the roadway will be sensitive to the site, but he cannot proceed until there is direction for this plan. He said he has not misrepresented his plan to anyone. Mr. Lymangood stated that the southerly area is 19 acres, and he would like to know how much of this area is under water. He said that the dimensions of a 22,000 sq. ft. lot do not state how much of the lot is under water. Mr. Zejdlik responded that the open space planned for in the new plan is nearly identical to the currently approved plan. Acting Chairman Zylla introduced Ms. Mona Moede, of 209 Natchez South, Golden Valley. Ms. Moede stated that she had been a Hennepin County Park Commissioner. She said she discussed the impact of this proposal on the French Regional Park, and the possibility of Hennepin County purchasing some of this land. She said the homeowners expressed some interest in this. She asked the Commissioners if they would consider negotiating with Hennepin Park to purchase the land and keep it as it exists. She said the City should pursue this option to preserve the wildlife. T--%0. C'm OCT 16'92 Planning Commission Minutes September 23, 1992 Page 162 Commissioner Wigley asked if a formal vote was taken on her suggestion by Hennepin County at the time she was a Commissioner. Ms. Moede responded that the vote taken by Hennepin County was to continue to watch the development this area. She said she would be willing to assist in trying to get this area included as a part of Hennepin Parks. Mr. Zejdlik stated that he would not object to Hennepin County purchasing some of this site, but he still wants to continue with on with the Concept Plan he has proposed. He said that his plan could be changed if and when the County showed some real interest in the property. Acting Chairman Zylla closed the Public Hearing. Acting Chairman Zylla called a recess at 10:25 p.m. Reconvened the meeting at 10:35 p.m. Acting Chairman Zylla asked if the approved plan shown is to scale or conceptual. He stated that the parking requirements have increased for condominiums since the original Concept Plan was approved, and the new parking plan will require more parking spaces be allotted for the condominium plan. Director Dillerud stated that he imagined there would be some changes in the proposed plan at a later stage. He said the current plan implies that there may be some underground parking on the site. He explained that it is difficult to deal in relative hard cover at the Concept Plan stage. He said the plan was last amended in 1985, and that the parking formulas today are heavier now than they were in 1985. This change in the Zoning Ordinance will probably require more hard surface if the condominiums were built today. Commissioner Zylla asked Director Dillerud to comment on the piece meal approach to the PUD, stating that this type of approach is very consistent with PUD plans, and not inconsistent with the Zoning Ordinance. Director Dillerud responded that PUD Concept Plans are done precisely so to allow staged development so that developers can adjust densities as they develop portions of the site. This is not in violation of the Zoning Ordinance. He explained that the developer's last Concept Plan, which was denied, did address both sides of 41st Avenue North, but only because he was asking for an adjustment in densities between the two areas --not the case with this application. Commissioner Wigley commented that it fairly common for citizens to approach the Planning Commission to request less density, but this is the first time during his term on the Planning Commission that citizens have asked for greater density as would be the case if the now approved Concept Plan were retained and this new plan denied, as the neighbors request. Acting Chairman Zylla stated that he agrees with the applicant's plan since there is less disruption of natural resources on this site with this plan versus the current approved plan. He said the in the previous 1991 Concept Plan amendment, which was denied, the petitioner identified which trees would be saved, and he is willing to accept the petitioner's concept that the ravine area will be handled with the least amount of interruption to the natural resources. CIM OCT 16 '92 Planning Commission Minutes September 23, 1992 Page 163 S. Acting Chairman Zylla stated that this is also the first time during his many years on the Commission that neighbors have asked for greater density on a site. He said that if he were a long term homeowner in an area he would rather see this proposed plan than the previously approved plan. He said it is ironic that Hennepin County drove away the wildlife when they developed French Park, and now people are expecting this private property to preserve the wildlife. He said many other projects within the City have had an environmental impact, but the property owner has a right to develop his land because he pays taxes to the City too. He said the goal of the ordinance and codes of the City is to see that all developments minimize the impact on the environment, not necessarily eliminate such impacts. Acting Chairman Zylla stated that the public could pursue the purchase of part of all of this site by County. He said this could be done concurrently as the petitioner pursues his plan. He said it is important that the land owner balance the impact on the environment, but the land owner also has legal rights to develop the land. He explained that the reduction in units on this site are a real advantage for everyone, and that he is very happy to see the proposed larger lot sizes. Acting Chairman Zylla suggested that the Commissioners discuss the plan for Outlot A. He also stated that some reference should be made that the Tree Preservation Policy must be adhered to if the proposal is recommended for approval. Commissioner Scherer stated that if the request is approved, anybody can approach the Hennepin County Park Department requesting that they purchase this site; but he said he felt it was important for the Commission to move on this request. Commissioner Albro stated that he thought Outlot A should be'dedicated open space, without the proposed 3 lots. He said he felt it would not be fair to hold the developer up on this request and that the Commission needs to make a decision on this proposal. He suggested that the approval recommendation if passed make reference to maximum front setback as well as minimum setbacks. Director Dillerud stated that the Commission could increase the rear yard setbacks, and could at the Preliminary Plan/Plat stage specify the footprint size, including how far back prospective homeowners could cut the trees. He said this could be done with a covenant on property which would be binding on the future owner. Commissioner Stimson stated that she thought it would be good for prospective buyers of the single family homes to know and see that there will be townehomes near these lots. Acting Chairman Zylla asked if the proposed 3 lots in Outlot A were new to the plan. Mr. Zejdlik responded that the development contract did promise that this outlot could be developed, and could be added to the Homeowner Association. He said this area needs care and upkeep. I -'10'.J CIM OCT 16'92 Planning Commission Minutes September 23, 1992 Page 164 Commissioner Wigley asked if Mr. Zejdlik would consider deeding Outlot A to Hennepin County Parks. Mr. Zejdlik stated he was not againsttthis. Acting Chairman Zylla asked for an explanation of the language in the Development Contract regarding Outlot A. Director Dillerud stated that his interpretation is that it is not to be platted and that some Homeowners Association in the development would be responsible for Outlot A. It could be used for density credit or could be added to the unit count for the site to the north. I -7o., Director Dillerud stated that the Commission could add to Condition #5 if they elected to not allow the platting of the 3 lots shown in the Concept Plan by crossing out "north of the 3 single family lots". MOTION by Commissioner Wigley, seconded by Commissioner Scherer to recommend approval of the request by Baton Corporation for a Residential Planned Unit Development Concept Plan Amendment for Mission RPUD located southeast of Larch Lane and Old Rockford Road, subject to all conditions listed in the September 15, 1992 staff report. MOTION to Amend by Commissioner Wigley, seconded by Commissioner Stimson to Amend Condition No. 5 to read: The remainder of Outlot A shall be deeded to a Homeowners Association or the Hennepin County Park District. The platting of Outlot A into 3 building lots shall be deleted from the Concept Plan. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION carried on a unanimous vote. MOTION by Acting Chairman Zylla, seconded by Commissioner Albro to add a condition to read as follows: The PUD Preliminary Plan and Plat specify structure setbacks (front and rear) that will maximize the retention of existing trees on the single family lots platted on the east portion of this property. Adjustments to both front and rear setback standards will be encouraged to preserve natural trees. Roll Call Vote. 6 Ayes. MOTION to Amend carried unanimously. MOTION to Amend by Acting Chairman Zylla, seconded by Commissioner Wigley to add a condition to read as follows: Approved are 9 Duplex Units and 10 single family detached building lots. There shall be no transfer of dwelling units "lost" from the previously approved Concept Plan (103) to this Concept Plan (28) with any other areas of the Mission PUD. Specifically, no transfer of units to the undeveloped areas north of 41st Avenue North. Roll Call Vote. 6 Ayes. MOTION to Amend.carried unanimously. Roll Call Vote on Main Motion as 3 times amended. 6 Ayes. MOTION carried on a unanimous vote. cim OCT 16'92 Planning Commission Minutes September 23, 1992 Page 165 RONALD AND IRENE CORBETT (92083) 1 70�. Acting Chairman Zylla introduced the request by Ronald and Irene Corbett for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 - season porch in the Plymouth Creek -3rd Addition located at 4060 Terraceview Lane North. Acting Chairman Zylla waived the review of the September 15, 1992 staff report. Acting Chairman Zylla introduced Mr. Ronald Corbett, the petitioner. Mr. Corbett stated that he was in agreement with the September 15, 1992 staff report. Acting Chairman Zylla opened and closed the Public Hearing as no one was present to speak on the issue. MOTION by Commissioner Stimson, seconded by Commissioner Syverson, to recommend approval of the request by Ronald and Irene Corbett for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 -season porch in the Plymouth Creek 3rd Addition located at 4060 Terraceview Lane North. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote. JEROME BEGIN AND BARB DEMARS (92085) Acting Chairman Zylla introduced the request by Jerome Begin and Barb DeMars for a Conditional Use Permit for outside storage of new automobiles located in the Cottonwood Plaza Shopping Center at 3900 Vinewood Lane North. Acting Chairman Zylla waived the review of the September 14, 1992 staff report. Acting Chairman Zylla opened the Public Hearing. Acting Chairman Zylla introduced Ms. Barb DeMars, one of the petitioners. Ms. DeMars explained -that they were simply trying to be good neighbor to the car dealership in allowing them to store their vehicles on the shopping center parking lot. She stated that there were some errors in the staff report regarding the submission of the required site graphics. She said that they discussed this with staff and received an apology. Ms. DeMars stated that the existing parking at the Cottonwood Plaza exceeds the Zoning Ordinance parking space requirements, and that the parking of new vehicles on the lot does not interfere with the availability of customer parking in the shopping center. Acting Chairman Zylla asked if this the parking of the new vehicles is temporary or permanent. cla OCT 16192 Planning Commission Minutes September 23, 1992 I�7a Page 166 Mr. Al Crain, Premier Lincoln-Mercury, at 3901 Vinewood Lane responded they would need the use of the parking spaces for 60 to 90 days. Commissioner Wigley asked if customers looking for new cars were taken over to this area. Ms. DeMars stated that they were not. Mr. Crain stated that they do not have salespersons standing in this area, but sometimes walk over there to pick up a new car for a driving demonstration. Acting Chairman Zylla asked about temporary storage and whether it could be administratively approved. Mr. Jerome Begin described the adjacent church parking lot. He stated that he built the church parking lot. He said that -cars coming out of parking lot drive through the shopping center parking lot. Mr. Crain stated that the car dealership would not be receiving any additional new cars. Acting Chairman Zylla asked if this will be a one time request for the Conditional Use Permit. He stated that he would not be sympathetic to the approval of a Conditional Use Permit happening more than this one time Mr. Crain stated that they may need some offsite parking in the future, but has not looked at alternatives. Acting Chairman Zylla stated that this is an expanded use of someone else's property. Mr. Crain said that this need for additional parking could happen again at the same time possibly, but that this is the first time in his 3 years of ownership that this has been needed. Mr. Begin stated that he is not receiving any income from this. He just wanted to allow his neighbor to use the empty spaces. Commissioner Scherer stated that he had observed that there are usually not very many cars in this parking lot. MOTION by Commissioner Scherer, seconded by Commissioner Albro, to recommend approval of the request by Jerome Begin and Barb DeMars for a Conditional Use Permit for outside storage of new automobiles located in the spaces at the Cottonwood Plaza Shopping Center at 3900 Vinewood Lane North. Commissioner Wigley asked if the southeast corner of the site behind the building would be a better place to store the vehicles. Mr. Crain responded that parking the vehicles out front prevents some vandalism. MOTION to Amend by Commissioner Scherer, seconded by Commissioner Wigley, to delete Condition No. 7 from the September 14, 1992 staff report. C'M OCT 16 '92 Planning Commission Minutes September 23, 1992 Page 167 Roll Call Vote on Motion to Amend. 6 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Wigley, seconded by Commissioner Scherer, to recommend a condition be added to the staff report stating that no sales activity will take place on the Cottonwood Plaza Shopping Center storage lot. Roll Call Vote on Motion to Amend. 6 Ayes. MOTION carried unanimously. Roll Call Vote on Main Motion as twice amended. 6 Ayes MOTION carried unanimously. A. J. POPPELAARS (92076) This item was placed on the Consent Agenda. MOTION by Acting Chairman Dennis Zylla, seconded by Commissioner Wigley to recommend approval of the request by A.J. Poppelaars for a Final Plat of Outlot B of Ponderosa Woods into 4 single-family lots and a side yard variance on two lots located northwest of 18th Avenue North and Forestview Lane. Vote. 5 Ayes. MOTION to approve carried unanimously. Meeting adjourned at 11:35 p.m. Clh1 OCT 16'92 BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of September 24, 1992 Call to Order: The Bassett Creek Water Management Commission was called to order at 11:40 AM, Thursday, September 24, 1992, at the Minneapolis Golf Club by Chaim= Peter Enck. Roll Call: Crystal: Commissioner Bill Monk ; k Golden Valley: Commissioner Ed Silberman Medicine Lake: Commissioner John OToole Engineer. Len Kremer Minneapolis: Commissioner Marvin Hoshaw Corps of Engineers: Minnetonka: Alternate Commissioner Michael Johnson Bill Spychalla New Hope: Commissioner Peter Enck Counsel. Curt Pearson Plymouth: Commissioner Fred Moore Recorder. Elaine Anderson Robbinsdale: Commissioner Jerome Ruffenach St. Louis Park: Commissioner Don Rye Approval or Correction of Minutes: Mr. Silberman corrected the August minutes as follows: Page 2, Item 3. "seven" to "twenty odd" homes. With this correction, he moved approval. Seconded by Mr. Johnson. Carried unanimously. Financial Statements: Mr. Silberman presented the Treasurer's Report as of September 24,1992, showing a checking account balance of $18,289.62, an investment balance of $312,518.62, a construction account balance of $1,691,343.09 plus the $5,000 which is earmarked for Medicine Lake, and a construction escrow account balance held by Minneapolis totaling $480,150 (as of July 1, 1992). The Commission also holds $40,153.93 (as of July 16, 1992) (Minneapolis Clean Water Fund 0005400189) to pay for a water pollution study in Minneapolis. Mr. Silberman informed the Commission that the commercial paper at Shearson Lehman Hutton has been reinvested until December 14. The treasurer's report was filed for audit Presentation of Invoices for Payment: It was moved by Mr. Silberman and seconded by Mr. Moore that the Barr invoice for the Minneapolis Clean Water Fund for $15,425.96 be approved for payment. Carried unanimously. It was moved by Mr. Silberman and seconded by Mr. Hoshaw that the Barr Engineering Company invoice for services and expenses for the period August 2 through August 29, 1992, totaling $13,184.04 be approved for payment subject to arithmetical verification. Carried unanimously. Communications: Chairman: Mr. Enck had received a notice from the Minnesota PCA to all interested parties regarding an application for a Clean Water Partnership Program Mr. Kremer has talked to Mr. Moore regarding applying for a grant for the first phase proposal at Parkers Lake. Mr. Kremer said, however, that metropolitan requests have a poor track record -- all the grants seem to be going outstate and that it could be wasted effort to apply. The Commissioners then discussed the effects of wastewater discharges from the workhouse and their influence at Parkers Lake and whether this would improve the probability for a grant. Mr. Moore said the wastewater discharges ended 25 years ago It was agreed that because of the low probability of receiving a grant, it would not be worth the effort to apply. ��M OCT 16'92 Counsel 1. Mr. Pearson referred to his August 21 letter to Mr. Elwin A. Yoder, Chief, Real Estate Division, Corps of Engineers, St. Paul District, in which he thanked Mr. Yoder for sharing the memorandum from Mr. Yoder to the Chicago Division Office recommending approval of our request for credit for 'Theodore Wirth Park in the amount of $2,100,000. 2. Golden Valley Country Club. Mr. Pearson presented a copy of the resolution approved by the Golden Valley Country Club Board of Directors authorizing the Club to grant the requested easement to the City of Golden Valley for $144,000. Mr. Silberman stated that two petitions are being circulated among the membership, one asking that the affirmative decision be reconsidered and the other that the decision should not be reconsidered. Commissioners: 1. M•. Hoshaw announced that he was retiring from his City of Minneapolis position on January 4, 1993. The chairman said that it would be nice if Mr. Hoshaw could continue to serve as a Commissioner but, if this is not possible, the Commission hopes that the new Commissioner will be as dedicated and as informed as Mr. Hoshaw has been. 2. Mr. Silberman brought up the Wesd Tooke Crossing and asked if it would be too late to get started on construction this Fall. Mr. Kremer updated the Commission on its status. He said the plans and specifications are done. It will be advertised in the next couple of weeks, giving the contractor a full year to build the crossing. Corps of Engineers 1. Mr. Spychalla distributed copies (draft) of a Summary of Non -Federal Requirements for Different Scenarios of Real Estate Values for the Bassett Creek Flood Control Project as of August 26, 1992. If the recommended credit for Theodore Wirth Park is approved, the Commission should receive a substantial refund. 2. Mr. Spychalla referred to the Wirth Park issue. He said that Mr. Yoder, chief of real estate, St. Paul office, had a telephone call from the Washington office. There has been verbal indication of approval of the 2.1 million appraisal for credit. He indicated that the St. Paul office will notify the Commission as soon as a final decision is reached. Mr. Pearson asked Mr. Spychalla how this affects the status of cash. Mr. Spychalla replied that Condition #3 on the distribuwd memo most closely states. our status. The totem project cost would be $39,000,000. There could be a refund of approximately $800,000 if all the other land credits in costs are as assumed and if they are approved after an audit. Mr. Pearson has been working with Mr. Spychalla to find out what other appraisals will have to be done. Currently Mr. Lawrence is not on the approved list. Mr. Kremer indicated that credit for Brookview Golf Course is a big factor in our credit picture and asked what process we would have to go through to complete our request for credit. The control structure is in place and the flood level has been established for this area. There are no easements against the Brookview Golf Course. Mr. Pearson requested that Mr. Spychalla find out more about it and we can sit down with the City of Golden Valley. Mr. Spychalla suggested we schedule a meeting with Golden Valley to review exactly what is in place. Mr. Pearson recommended that the Commission ask Mr. Kremer and him to meet with Mr. Spychalla to find out more about it and then report back to the Commission. Chairman Enck determined that it was the consensus of the Commission that the engineer and the attorney commence submission of the Commission's other land areas and costs for credit. Messrs. Spychalla, Kremer, and Pearson agreed to meet on October S and commence the process. &1N► 0 16,92 1-110 3 3. Mr. Spychalla reported that a public informal meeting had been held last Thursday regarding Fruen Mill. The Corps of Engineers, Barr Engineering, and the City of Minneapolis had attended. Mr. Spychalla said it was a good meeting and the residents attending showed interest. Engineer: 1. Fruen area Mr. Kremer brought up the project at Penn Avenue. The relocation is to be done by Minneapolis, the local sponsor. It has been agreed that the Minneapolis Water Department will do the work. The City says they can't do this relocation this late in the season. There is a possibility that it will be more expensive than originally anticipated. They will be back to the Commission next month People in the arca would like to see access continued across the creek at Penn Avenue. 2. Mr. Kremer brought up the status of stormwater sampling in Minneapolis. Barr Engineering has been collecting runoff samples for five events and has two-inaare-to go. By the nextmeeting Mr. Kremer will have a summary of data collected to date. The water quality is better than had been expected. 3. Mr. Kremer reported that he had sent MnDOT a copy of our study at Highway 100. We are able to reduce the planned flood level for the entire Bassett Creek park by almost a foot. Discharges downstream will be the same. This provides some opportunity for improving the situation downstream Additional storage in Bassett Creek Paris could reduce the 100 year flood level. Mr. Kremer had another run with increased flood storage and found that discharges are reduced enough so that stages downstream drop about a half foot. MnDOT will take technical information we are providing and will prepare some additional information about what the level of participation MnDOT should have on the entire project Mr. Kremer stated it would be nice to take the project io the next step to find out what the cost would be. MnDOT will be making a decision soon. Mr. Pearson asked if the plan takes four homes along Highway 100. and, if so, whether it would allow the Corps to reduce the size of the structure under Highway 100. He also asked if we could get credit for the acquisition of the four homes. Timing is critical in order to get MnDOT to agree. Mr. Monk asked if the Corps will get involved. Mr. Spychalla says the Corps doesn't have the staff available to do it Mr. Pearson asked if the study could be authorized. Mr. Spychalla reiterated that because of shortage of people the Corps could not provide help. Mr. Monk suggested that we authorize Mr. Kremer to work on this study. Mr. Kremer said he could possibly get some technical help from MnDOT. It was suggested that we ask MnDOT to extend .the topography further to the west to cover the park. Mr. Moore moved that Mr. Kremer work on the above-mentioned study and that a staff meeting be held with MnDOT. Seconded by W. Rye. In the discussion, Mr. Moore asked how much money we were committing. The first figure mentioned was $7,000 for topographic mapping. Mr. Hoshaw said there was $20,000 in the construction account Mr. Pearson said it could be put in as a project cost and 75% be paid by the Federal Government Mr. Spychalla said that most of the cost may be creditable. Surely the water quantity part would be creditable. Mr. Moore then amended the motion to say that a maximum cost of $20,000 be authorized to be funded from the construction account The amended motion was seconded by Mr. Rye. The amended motion carried unanimously and the amended motion then carried unanimously. oro W, 6,92 4 Mr. Kremer had attended a workshop on the Hennepin County Groundwater Plan. He had asked when the plan would take effect The Hennepin County Conservation District hopes to issue the plan in a month and communities will have 60 days for their comments. New Business 1. Sinclair Service Station. A request was received for review of a DNR permit application for operating a groundwater treatment system at 5417 36th Avenue, Crystal. The proposed system would discharge approximately 40 gpm of treated water continuously for 3 to 4 years. Water would be pumped into a storm sewer discharging into Bassett Creek in Golden Valley downstream of Highway 100. Flooding has previously occurred along Bassett Creek downstream of Highway 100 and at other locations during the winter due to water discharged into the creek. During winter, the groundwater table occasionally drops below the creek channel causing surface water flowing in the channel to freeze, causing ice buildup and flooding. Upon the engineer's recommendation, it was moved by Mr. Silberman that the request be approved providing provisions were included to provide for an alw-mative discharge location or shutting the system off during periods when problems with ice exist in the channel of the creek. Seconded by Mr. Johnson and carried unanimously. 2. Mr. Kremer reported there is a similar situation for industrial development by the conduit entrance. They are applying for a permit for groundwater remediation which would be discharged into a sanitary sewer. They sent us the application to review. No action is needed and no response. Old Business 1. Permit for Highway 55 control structure. They are waiting from comments from the Corps. Mr. Spychalla says he is talking to the environmental people and that it looks all right. The Park Board is anxious to go ahead and Minneapolis will do the work. 2. Medicine Lake outlet. Mr. Moore is working with two property owners regarding the type of structure. Mr. OToole indicated that Medicine Lake is concerned about Spring runoff, water in the street, etc. $50,000 would be involved for right-of-way. The city will work with the Corps on the right-of-way requirement.. 3. Central Park Pond/Femwood Lane. Mr. Kremer reported that he had a conversation with the Corps and they verbally agreed that we didn't need a permit to go ahead Pending their written document, we will prepare to go ahead on the project Mr. Kremer had discussed the project with Mr. Pearson. Mr. Pearson indicated that Mr. Krerimer has prepared a report and.that the Commission will need to have a Public Hearing. Mr. Kremer presented his report as prepared for the January 1992 meeting. The estimated project cost is $62,000. After discussion, Commissioner Moore moved the following resolution. A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT WHEREAS, a report has been given by Barr Engineering to the Bassett Creek Water Management Commission on January 16,1992, recommending the following improvement, to - wit Improvement of the Central Park Pond/Fembrook Lane wetland to improve the phosphorous removal of the pond/wetland and to increase the nominal elevation of the wetland by modifying the existing outlet to increase the dead storage capacity of the wetland cfm OCT 16'92 WHEREAS, the Commission has expended monies from the general fund to investigate and do the preliminary engineering on this project and the Commission has sufficient funds in the budget and reserves to cover any and all additional administrative costs and almost all of the funds for construction of the project have been contributed by the General Mills Foundation ($5,000) or committed by Hennepin County ($50,000), and WHEREAS, the costs are estimated as follows: Estimated Cost Total Project: Estimated Cost Each Member. Crystal Golden Valley Medicine Lake Minneapolis Minnetonka New Hope Plymouth Robbinsdale St. Louis Park $62,000 $ 0 $ 0 $ 0 S -..0:. :... .... . $ .. 0 $ 0 $ 0 $ 0 $ 0 -W NOW, THEREFORE, BE IT RESOLVED BY THE BASSETT CREEK WATER MANAGEMENT COMMISSION: 1. The Commission will consider the aforesaid improvement in accordance with the report and the assessment of member municipalities for all or a portion of the cost of the improvement pursuant to Article VII, Subdivision 5, of the Joint Powers Agreement at an estimated total cost of the improvement as shown. There will be no assessment against any member municipality for the additional funds. Any Commission funds to be used for the project will come from monies on ' hand and from monies donated or committed by General Mills Foundation and Hennepin County. 2. A public hearing shall be held on such proposed improvement on the 19th day of November, 1992, at the Minneapolis Golf Club in the City of St. Louis Park, Minnesota, at 11:30 a.m. The secretary shall send the attached notice of such hearing and improvement as required by the Joint Powers Agreement. Notice shall be mailed not less than 45 days prior to the hearing to the City Clerk of each member municipality by registered mail. Motion for the adoption of the foregoing resolution was duly seconded by Commissioner Hoshaw and upon vote being taken thereon, the following voted in favor thereof: Bill Monk, Crystal; Ed Silberman, Golden Valley; John OToole, Medicine Lake; Marvin Hoshaw, Minneapolis; Michael Johnson, Minnetonka, Peter Enck, New Hope; Fred Moore, Plymouth; Jerome Ruffenach, Robbinsdale; Donald Rye, St. Louis Park; The following voted against the motion: None The following were (absent) (abstained from voting): None whereupon the motion and the resolution were declared duly passed and adopted. W. Peter Enck, Chairman Attest: Donald Rye, Secretary cim OCT 16'92 The engineer and secretary were directed to mail the notice regarding the above resolution for a public hearing 45 days in advance of November 19. It will be sent to the city clerks with copies to the Commissioners. 4. Mr. Kremer stated that the review of details of the authorized project is in progress but has not been completed. Miscellaneous A date of the annual holiday party was discussed. After suggesting several dates and the Com- missioners consulting their calendars, it was the consensus of the group that the party should be held on the regular date of the meeting, December 17, at 5:30 P.M. Adjournment It was moved by Mr. Rye and seconded by Mr. Donahue that the meeting adjourn. Chairman Enck adjourned the meeting at 1:33 PM. Peter Enck, Chairman Elaine Anderson, Recorder Date: Donald Rye, Secretary cim OCT 16'92 I r� CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: October 13, 1992 TO: Fred Moore, Public Works Director FROM: Helen LaFave, Communications Coordinator SUBJECT: CALLS ON CUSTOMER SERVICE LINE REGARDING • BARRICADING TRAFFIC ON 54TH AVENUE Last week the City received the following calls on the 24 -Hour Customer Service Line: "This is Mike Bowen. I live at 12945 - 55th Avenue North. My concern is that there is a potentially dangerous traffic situation on 55th Avenue from new motorists that will be driving to and from the Bass Lake Playfield. And I feel that now that 54th Avenue has been blocked off at the intersection of Northwest Boulevard that it's likely that we will receive the brunt of the traffic that now comes from the south. I would like to propose a solution that probably will work. If the, and I think the barricades should be removed from 54th Avenue, and both 54th Avenue and 55th Avenue should be posted at their intersections with both Pineview and Northwest Boulevard with "local traffic only" signage and I think further that the southbound portion of Northwest Boulevard, coming from 10 or 47, headed south to the playfield should be posted indicating that the arterial streets are for local traffic only and not for thoroughfare to and from the park. That is my concern and that is my suggestion. And I expect that if we can't work it out this way, that there will probably be a petition forthcoming from 55th Avenue for a temporary barricade at Northwest Boulevard intersection and it will work its way north until everybody's barricaded off. Maybe we can try it this way. Thank you. I can be reached at 481-9333 during the day, or 557-6982 during the evening. Thank you." The second call: "Hello, this is Mark Johnson. I live at 12900 55th Avenue North. My work phone number is 540-4987. I am concerned about the traffic on 55th Avenue from Pineview up to the new Northwest Boulevard. I understand that the residents on 54th Avenue CIM OCT 16 '92 CALLS ON CUSTOMER SERVICE LINE REGARDING BARRICADING TRAFFIC ON 54TH AVENUE October 13, 1992 Page 2 from Pineview to Northwest Boulevard are petitioning to block off access from 55th Avenue to Northwest Boulevard. That will increase traffic on 55th Avenue. We have previously called the City of Plymouth Police Department to complain about the excessive traffic which has increased on 55th Avenue already. Blockading 54th will increase that traffic further. 55th Avenue is a winding, curvy road, climbing up a hill to Northwest Boulevard. There are lots of children and blind curves on this street. Blocking off 54th Avenue will increase the traffic, increase the danger, and pose a safety problem. We have already seen an increase this summer. We have seen construction access signs posted to no avail, and we have construction trucks racing through the development currently. I would not recommend 54th Avenue be blocked off. When Schmidt Lake Road is finished, that should bear the brunt of the traffic to Northwest Boulevard. If you block 54th Avenue now, you'll just be creating a problem on 55th Avenue. We have talked on the Police Department also. I do think that we should get a speed sign, a children at play sign, on 55th Avenue to try to slow down the traffic that is speeding through the area now, or possibly one of your local traffic only signs. Again, when Schmidt Lake Road is finished, that should help. But if you blockade 54th Avenue now, you'll just be creating another safety issue long- term. If you do decide to block 54th Avenue, it should be done after Schmidt Lake Road is open and both 54th and 55th should be blockaded, but I would not prefer that. I prefer to go through as currently planned and leave 54th and 55th Avenue. If you have any questions, please feel free to call me. Thank you." HL:kec cc: Mayor & City Council Frank Boyles, Acting City Manager cim OCT 16'92 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: October 15, 1992 TO: Fred Moore, Public Works Director FROM: Helen LaFave, Communications Coordinator SUBJECT: CALLS ON 24-HOUR CUSTOMER SERVICE LINE Call 1 We have received the following calls on the Customer Service Line related to closing off 54th Avenue: "I am calling in concern to the closing of 54th Avenue between Northwest Boulevard and Pineview. I live on 55th Avenue. By closing 54th Avenue, we are getting an increase in traffic on 55th Avenue. Ours is a very winding, hilly street. I live toward the bottom of the hill at Pineview and the traffic is moving along pretty fast most of the time. And because of the park between us, we are getting extra park traffic and it seems unfair as a resident of 55th Avenue that all of the traffic was routed to our street as a short cut to the park. So what my concern is that either we should block both streets, or open 54th Avenue and put a sign at Northwest Boulevard that says local traffic only. At least the traffic would be divided to some degree and it would take the increase of traffic off of our street and eliminate the potentiality of dangerous winding of our street with extra traffic coming through as through traffic and not local traffic. My name is Elmer Hookenen and I live at 12710 55th Avenue. My phone number is 557-9813. But I really think this is necessary to do something to alleviate the problem that has been created on our street as a result of the closure of 54th Avenue. Thank you. if Call No. 2 "Hi, I am calling about the traffic levels on 55th Avenue between Pineview and Northwest Boulevard. My name is Scott Jacobson and we are residents on that street. My number is 557-9117 and we've seen that there are barricades set up on 54th Avenue am OCT 16'92 CALLS ON 24-HOUR CUSTOMER SERVICE LINE October 15, 1992 Page 2 and we are concerned that that's going to increase the level of traffic on 55th in order to get to the park there. With the very winding street and especially at the point that we are at, it's very difficult to see people as they are coming around, especially if they are coming around too fast. And also with the amount of kids that are there in the neighborhood. So we would probably like to see that blockade removed and hopefully put up signs on both of the avenues for local traffic only. Go ahead and give me a call if you have any questions. Thank you." Call 3 "This is Don Kutz at 13005 - 55th Avenue North. I am on the corner of Northwest Boulevard and 55th Avenue. I have noticed that there is a lot of traffic now that is using Northwest Boulevard and they come by our house heading south and they also end up coming back from the south and will turn down 55th to find another way out. I am concerned with the increased traffic in a residential area and there are a number of small children that play and live at our area and it is also a very winding street and is a hill. This winter could get very bad. I have noticed there is a blockade on 54th Avenue street that makes all the traffic either come back our way, or go down Northwest Boulevard. I would suggest that the blockade be removed from 54th Avenue and that signs be put up that say local traffic only on 54th Avenue and 55th Avenue to try to keep those roads open to local traffic only. Thank you very much. My phone number is 535-5223 during the day and 553-0159 at night. Thank you very much. If you have any questions, give me a call. Bye. " HL:keb cc: Frank Boyles, Acting City Manager Mayor & City Council cim OCT 16'92 i•$ A, CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: October 13, 1992 TO: Frank Boyles, Acting City Manager FROM: Helen LaFave, Communications Coordinator SUBJECT: CALL ON CUSTOMER SERVICE LINE The following call was received on the 24 -Hour Customer Service Line. "This is Larry Clark at 3720 Wellington Court, Plymouth. I am calling for two reasons. One, to express thanks for the availability of this customer service line on phone mail. I do keep a different schedule amd weekends and nights is the best time to get thin s cog mmunicated and I have had success with this line on several occasions. One of the successes I wanted to note. If you could pass on my thank you to the lawn _maintenance and park group that has consistently now been mowing the oven area between off of Wellington Lane and the Wellirigton Court area. We had some problems early in area about that area being skipped and I wanted to express my thanks that the process is now under control and even after college students and so forth have left, that they have continuously mowed that. That helps me tremendously as I am in and out of town quite a bit. So I wanted to let you know that the phone line works and that the Maintenance Department has been extremely responsive to the concerns. Take care." HL:kec cc: Mark Peterson, Superintendent of Parks Dan Heitke, Park Maintenance Supervisor c�r� OCT 16'92 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESO DATE: October 9, 1992 TO: Frank Boyles - Acting City Manager FROM: Craig C. Gerdes - Public Safety Direct SUBJEC : CUSTOMER SERVICE Z-9 \ Frank, I would like to inform you of a customer service issue that was developed by Judy Gooden, one of the'Sr. Clerk Typists in the Police Department. During the course of a staff meeting with clerical personnel, Judy brought forth both a problem and a suggestion. The problem was that many citizens call the Plymouth Police Department administrative number when they need a police car dispatched for routine police business. After fielding the inquiry, the clerical staff has been using the option of advising them they can use 9-1-1, or else giving them the administrative phone number for the Hennepin County dispatch center, which can be confusing and of concern to people who were calling the police department to find out that they have to call a different number for, again, routine service: Judy's concern was well-founded and her suggestion was that we attempt to locate a means by which we could transfer the phone calls. I had an opportunity to discuss the situation with Fred Moore, who stated he felt that the current phone system could handle that by simply doing an outside line transfer. Fred and I were quickly able to test the system with Judy's assistance, and it appears that there will be no problem. The telephone call can be easily transferred, we can place it in the speed dial system or the touch dial system, and now our clerical staff will be able to advise citizens calling in for police dispatch related service that if they would hold, their call can be transferred to the dispatcher. The system also allows the clerical staff then to give the dispatcher a quick briefing of the issue and then upon hanging up, the citizen will be connected directly to the dispatcher. I obviously appreciate Judy's bringing the problem and potential solution forward. This matter was easily resolved and will become one of those customer service issues that are of an automatic and immediate benefit. I also appreciate Fred's assistance in the matter. cc: Judy Gooden Fred Moore - Director of Public Works File GIM OCT 16'9 T October 14, 1992 Mayor Kim M. Bergman 13930 - 60th Ave. N. �. Plymouth, MN 55446 Dear Mayor: We are writing to bring to your attention a situation regarding City Code 1206.43 which prohibits licensing any premises on which any state or local taxes are delinquent. We own the Four Seasons Liquor Store located in the Four Seasons Shopping Mall located at Highway 169 & Rockford Road. The building owners of the mall are in arrears on the real estate taxes. The City Clerk, Laurie Rauenhorst, has notified us our liquor license will not be renewed if the taxes remain unpaid. We have been paying our percentage of the Mall's taxes as part of our rent, so the owners of the Mall have collected the tax money from us, as they have everyone else in the Mall, but have not used that money to pay the taxes. We can not expect cooperation from the owners of the Mall as the Four Season's Merchants Association (comprised of all business owners in the Mall), has been engaged in litigation with the owners for over a year on the use of monies paid them for maintenance and taxes, with no results to date. (There is a court date set for December 15 for non-binding arbitration on these problems.) The Merchants Association also has a hearing on October 29, 1992 in Hennepin County District Court to request that all the rents be paid into an escrow account and that a receiver be appointed by the Court. The reason for this is also because of the delinquent taxes. We have been at this location for 14 years and have always ran our business in a responsible and law-abiding manner. We have met all our obligations, i.e. rent, taxes, bills, etc. The unpaid real estate taxes are something out of our control. We are putting pressure on the owners to pay the taxes, but if they don't pay them we will lose our liquor license and be out of business through no fault of our own. This will also affect the licenses of two restaurants located in the Mall. There is no state code prohibiting us from receiving our liquor license because of the unpaid real estate taxes. (See attached opinion from the City Attorney.) We are asking the City Council to amend this ordinance due to our business being placed in the circumstances outlined above. If you have any questions, or would like to discuss this matter with either of us, please feel free to give us a call at 553-1337. Thank you for your consideration in this matter. Sincerely, James L. Bebus Four Seasons Liquors B. Michael Shutes Four Seasons Liquors cm OCT 16'92 FOUR SEASONS MERCHANTS' ASSOCIATION PLYMOUTH, MN 55441 October 1, 1992 To: Members of the Four Seasons Merchants' Association, Inc. From: Barb Dunham, Four Seasons Merchants' Association Board cc: Cooper's Super Valu Re: NOVEMBER RENT PAYMENTS This is to advise you that on October 29, 1992 a hearing will be held in Hennepin County District Court to request that all rents (including CAM charges, etc.) be paid into an escrow account and that a receiver be appointed for the Four Seasons Mall. This receivership hearing has been requested because the owner has not paid $86,611.69 in property taxes that were due on May 15, 1992. An additional $131,939.75 in taxes will be owed in two weeks. All November rent payments should be withheld, pending notification from Ron Riach or myself regarding the outcome of this hearing. If you have any questions, please contact me at 542-9841 (phone) or 542-8704 (FAX). Ron can be reached at 636-6400. $a.t-6 DuftfWfrl. 04 OCT 16 '92 August 10, 1992 James Bebus Four Seasons Liquor 4232 Lancaster Lane North Michael Pieper/Al Gill Marcello's Inc. 4112 Lancaster Lane North Ben/Margaret Liao Golden China Restaurant 4108 Lancaster Lane North Dear Liquor Licensees: QiV OF PLYMOUTFF I recently informed each of you that the real estate taxes at the Four Seasons Mall are unpaid and will become delinquent January 1, 1993. The Plymouth City Code prohibits the issuance of liquor licenses to premises with delinquent property taxes. Subsequently I received a phone call from James Bebus, Four Seasons Liquor, indicating that he and other businesses may be interested in contacting the City Council to request that this provision be amended. I informed Mr. Bebus that I would check with the City Attorney to determine if the provision is strictly local authority which the City Council could amend if they desired, or if the provision is state law which the Council would not have authority to amend. Attached is a copy of an opinion of the Plymouth City Attorney on this issue. Please note in the second paragraph that he determined this is a local issue and that the City Council has authority to amend the provision if it desires to do so. The Council has not recently discussed this issue so I cannot guide you with respect to the Council's position on this matter. If you wish to bring this matter before the Council for consideration, a good time would be the Plymouth Forum. The Forum is an informal opportunity to discuss issues with the Council and is not part of a regular Council agenda. The next few Forums are scheduled for: August 17 at 6:30 p.m.; September 21 at 6:30 p.m., and October 26 at 6:30 p.m. Please give me a phone call at 550-5014 if you wish to discuss this issue with the City Council at a Plymouth Forum, or if you have any further questions. Sincerely, La 'e Rauenhors City Clerk 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-500T{M OCT 16'g? 07-28-1992 16:17 612 339 5897 BEST«FLANAGAN P.02 BEST & FLANAOAN ATTovwnYs AT LAW RozzaT L. CnoaDT CHARLZs C.BSROVIaT 31500 IDS CENTER }z�ANIIL R. W. NtLam Or CUNCL P-119 •1. LAoaax JODx CARROLL hLEoxAtD M. ADarig X —.., T R.BA2T9 Oso"a O. LUDcxz E.JoaEM LAPAva BO SCOUTS 8TYJ STREET . JOIN P. BOYLE JAHZs D. OLum Rosa C. FolxZLL RODENT M. SIANZ H. WALT LR GRAFF ALLEx D. B&wnmw (ImsoolT D. SOUL' CATHT E. Goeux MINNEAPOIJ8 MN 55408.8111) CASYN SCHIRS GtnvZ! Avcn1EALD Spxxctn SAnA! $. GOD!!ZY CRARLaa S. BaL1 rYwZ R3CWAED A.Pzrateox ROZZRTJ.CDnIETLIX60II.JR. PATRICK B. HENNEssY TimarxT A.SULLIVAN TF-LLPHONE (918) 009-7101 MATY E.SZJ.CO WAlD H. Liens GATKtltxZ J. Coutrx CT ppDANK . WALZ ial.N=vooL MARINUa W. VAx PVTTEN, JR. Alf f L. PUS[ �arAi F.RICK TELECOPIER (elfi) 000-1580,7 TRACT J. VAN STEixBUROH KZrrnJ.YZLf[q 2 TlAm F.KOCitxDOOlaR JZANxICE M. RBDLYO JAW Ea 1. BELT DAVID B.MotaE Joax A.BVZTOx,J9. DAVID J. ZoDEa STZvtx R.K2voan SAIAD Cllf)Ex MAD1aoN IPM -W" RomrsT D. MAlrs! RonsNr J. TIAHAOAx JAYZa C. DIK&cLts RODENT L.Mtuat,Jl. JAMES P. MICDZL6 PAUL E. K►xrxsxs DAvrn H.JORNWX IerE•IaTA $torr D. ELLER July 26, 1992 BY TELEFAX Ms. Laurie Rauenhorst City Clerk 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Delinquent Property Taxes Dear Laurie: This office has reviewed the issues raised in your July 13, 1992 memo. The City Code in Sections 1201.01 and 1206.39 adopts State law provisions regarding liquor control and licensing. Section 1206.43 prohibits licensing any premises for which state or local taxes or assessments are delinquent and unpaid. There is no similar State law. Minnesota Statute Section 270.72 prohibits a political subdivision from issuing a license if the Commissioner of Revenue notifies the subdivision that the licensee owes taxes. "Taxes" as used in Section 270.72 refers to all taxes "payable to the Commissioner." Real estate taxes and assessments are not payable to the Commissioner, and therefore Section 270 does not prohibit the issuing of a liquor license for premises that are delinquent on property taxes. Paul Kaminski spoke with the Minnesota Liquor Control commission which agreed with this interpretation'. - Section 1206.43 of the city Code is the only obstacle in the way of issuing a renewed license to the tax delinquent premises. That Section applies to all types of liquor licenses. if the City decides it would like to issue licenses to the businesses in the Four Seasons Mall, it would have to amend Section 1206.43. Please let me know if you have any questions or comments regarding the above. Sincerely yours, Bober . Meller, Jr. PEK/kd/5797K cc: Mr. Frank Boyles, Acting City Manager OCT 16'92 Mr. Paul E. Kaminski • .3 -100. FRA NKE AND lVACH A Professional Association Of Attorneys At Law July 14, 1992 Mr. Gerald Weinrich Attorney at Law 1903 South Broadway Rochester, MN 55904 200 Rosedale Towers 1700 West Highway 36 Roseville, MN 55113-4015 Re: Four Seasons Merchants' Association vs. Falmouth Associates Limited Partnership Court File No. CT 92-2836 Dear Mr. Weinrich: Enclosed please find a copy of a letter from the City of Plymouth addressed to my client, Michael Pieper of Marcello's Pizza. Mr. Pieper is a tenant at the Four Seasons Mall and operates a restaurant from that site. It now appears that the continued licensing of my client is in jeopardy because of the failure of your client to promptly pay real estate taxes. This is to put you on notice that your client has an obligation to provide Mr. Pieper with "quiet" enjoyment of the property he has leased. Any damages suffered by him, including attorney's fees resulting from the breach of that obligation will result in a direct action against the owner of the Mall. You should also be advised that several additional tenants in the Mall will be effected by this same breach. On behalf of all of those tenants and the other merchants in the Mall, demand is hereby made that all delinquent taxes be immediately paid and that evidence of payment be provided to me. Very truly yours, Ronald J. Riach RJR/kmp Enclosure �'cc: Michael Pieper Barbara Dunham ~Y David M. Bolt, Esq. CIM OCT 16 92 WEST MEDICINE LAKE COMMNITY CLUB 1705 Forestview Lane North Plymouth, Minnesota 55441 Rental Phone (612) 553-1107 October 8, 1992 Mr. Frank Boyles, Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Boyles: Answers to the five steps generated at the July 22, 1992 meeting between the West Medicine Lake Community Club and its neighbors are as follows: 1. Continue their effort to identify and use those security guards and bartenders who have proven to be effective in implementing the club's rules. The W.M.L.C.C. is now policing the outdoors the last five hours of each rental function. 2. Continue to club "blacklist" bands, DJ's, guards, and bartenders who have proven to be ineffective. The W.M.L.C.C. is doing this and will continue doing this. 3. Investigate the use of a regular security guard firm who proves to have effective track record in implementing the club's noise rules. The W.M.L.C.C. has contracted new security in September, 1992; CBM Security of Plymouth. 4. Evaluate the impact of changing their cash damage/noise compliance deposit to "cash up front" paid by renter. The W.M.L.C.C. is giving instructions in advance to renter that the damage deposit includes their band or DJ's noise level. 5. Investigate the appropiateness of installing a noise meter which may act as a "early warning system" for the bartenders and security guards to tell the band or DJ to lower the noisevolume before neighbors complain. The W.M.L.C.C. has purchased the noise meter. Bartenders will monitor noise level inside building. There is a desire by the West Medicine Lake Community Club to keep the noise level down so a.s to not disturb the close neighbors. Reference to September 5, 1992 it was one of the quietest wedding receptions conducted, yet the police were called. The West Medicine Lake Community Club would like to know why. The Board has requested copies of any future reports to the police department pertaining to the club. Sincerely, WES MEDICINE LAKE COMMUNITY CLUB Dolly Reveling, Rental Agent/Mgr. 1 cc: Karen Nelson, President W.M.L.C.C. Board Members um OCT 16'92 A, 1-I()b CITU OF October 13, 1992 PUMOUTR Mark & Jayme Iilavacek 11831 18th Avenue North Plymouth, MN 55441 SUBJECT: WEST MEDICINE LAKE COMMUNITY CLUB RESPONSE TO NEIGHBOR CONCERNS Dear Mr. & Ms. Hlavacek: Attached is a letter dated October 8, 1992 from Dolly Reveling which sets forth _the five steps which the Community Club has taken since our July 22, 1992 meeting to respond to neighbor. concerns. Please let me know if you have any comments. ' lfci� Frank Boi Manager FB:keb cc: Mayor & City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 cim OCT 16'92 West Medicine Lake Community Club Letter Mailing List Mark and Jayme Hlavacek 11831 18th Avenue North Plymouth, MN 55441 Lynn Dwine & Matt Abe 1735 Forestview Lane Plymouth, MN 55441 Frank Cleave 1730 Forestview Lane Plymouth, MN 55441 Mary Ellen Kochevar, President West Medicine Lake Community Club 1701 Forestview Lane Plymouth, MN 55441 Dolly Reveling, Manager West Medicine Lake Community Club 14820 North 31st Avenue Plymouth, MN 55447 1--106 c4m OCT 16' T-- 10 e. October 8, 1992 Christine Taggart 2725 Morningside Rd. Long Lake, MN 55356 Frank Boyles Acting City Manager Plymouth City Council 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Boyles: I am a member of Peace Lutheran Church. It has recently come to my attention that our congregation is looking to support Interfaith Hospitality Network (IHN). As you know, the IHN is a way for our congregation, and others, to house homeless guests. !'hese guests include many homeless families, women and children. There is currently an obstacle with the zoning change and conditional use permit that is needed to continue the process of implementing the IHN. Other communities involved in the IHN have not required this zoning change or permit, but have gone ahead and are helping these homeless people get back on their -feet. Please take into consideration the needs of these people when deciding on this important issue. Sincerely, '6 ftoL ' Christine Taggart EM OCT 16'92 t 1 Y ;Lj EM OCT 16'92 �-�0 October 15, 1992 CITY OF PLYMOUTH - Christine Taggart 2725 Morningside Road Long Lake, MN 55356 SUBJECT: YOUR OCTOBER 8, 1992 LETTER Dear Ms. Taggart: Thank you for your October 8 letter asking the City to reduce obstacles to the implementation of the Interfaith Hospitality Network. I have good news for you. Earlier this year the City Council took action to revise the ordinance as has been requested by representatives of Peace Lutheran Church and the Interfaith Hospitality Network. The Council took this action in recognition that this is a worthwhile effort which the City can monitor to determine whether problems arise. I have attached a copy of the Council meeting minutes for your information. Thank you for yoWletter and best of luck. Si dly, Frank Boyles Acting,AZ,ity Manager FB:keb 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CAW OCT x.6'92 Regular Council Meeting 10 C August 31, 1992 Page 308 Motion to deny carried on a roll call vote, five ayes. ITEM 7-B ZONING ORDINANCE AMENDMENT REGARDING RESIDENTIAL SHELTERS AS AN ALLOWABLE USE IN RESIDENTIAL DISTRICTS Director Dillerud stated that on a 3-2 vote, the Planning Commission recommended an amendment to the Zoning Ordinance that would allow residential shelters in places of worship in all residential districts with a Conditional Use Permit. The issue was considered by the Planning Commission at the direction of the City Council. The concept involves use of places of worship for overnight accommodation of homeless families on a periodic basis. Dissenting planning commissioners favored the less restrictive option of changing the definition of "residential structure" to exclude places of worship used for transitional housing purposes a limited number of times each year. Janice Hajny, 14415 17th Avenue North, Social Action Chair at Peace Lutheran Church, stated they are very concerned about the Planning Commission recommendation that a Conditional Use Permit would be required for this type of use. She stated that this issue was first brought before the Council over three months ago and a Conditional Use Permit process would cause another 60 day delay. More importantly, each place of worship wishing to provide this service in the future would have to also obtain a Conditional Use Permit and pay the fee. She noted that the program is staffed locally by volunteers, and explained the type of clients accepted into the program. Ms. Hajny stated Interfaith Hospitality is attempting to address the problem of homelessness, and asked that the Council adopt the least restrictive method of allowing their program to go forward. She stated that in other cities, no action of the Council was needed. Councilmembers asked why some Planning Commissioners felt a Conditional Use Permit was needed. Director Dillerud stated there was some concern over the definition of "Place of Worship" being exceedingly broad thereby opening the door for unintended purposes. Dale E. Beihoffer, 18510 6th Avenue North, stated a group of people have come together to address the problem of homelessness. An ordinance amending the definition of residential shelter that limited the time period for use would be the least restrictive means of allowing the group to do their work. Director Dillerud stated that proposed ordinance was considered as an option by the Planning Commission. It would amend the definition of residential shelter by adding: "The term also does not include a Place of Worship used for Residential Shelter purposes for non consecutive periods of one week or less for up to six times per calendar year." Gly OCT 16'92 Regular Council Meeting I— August 31, 1992 Page 309 Ed Albro, Planning Commissioner, stated he was one of the two dissenting Commissioners. He supports amending the definition of "Residential Shelter" as noted. He stated the program is run by volunteers and the cost for pursuing a Conditional Use Permit is prohibitive. He stated this is an opportunity for a problem to be addressed without burden to the taxpayers. If the City becomes aware of problems resulting from this program, the ordinance can be reconsidered. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, ` to adopt ORDINANCE 92-27 AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO THE DEFINITION OF "RESIDENTIAL SHELTER" BY EXCLUDING PLACES OF WORSHIP. Motion carried on a roll call vote, five ayes. MO ION was made by Mayor Bergman, seconded by Council ber Helliwell, to adopt RES ION 92-517 REQUEST FOR PA7-HRA ?NN4 FINAL, POND BC -P 1 OUTL IMPROVEMENTS, CITY PROJE Motion cam%HSING oll call vote, five ayes. 7-D SENICONSULTANCOMMENDATION Director Dillerud recommended that the,Council confirm the HRA's recommendation to select Walker Managemen , Inc., as the consultant for the senior housing project. MOTION was made by Counc' Ember Edson, seconded by Councilmember Vasiliou, to adopt RESOLUTION 92-518ANCTING WALKER MANAGEMENT, INC., AS THE CONSULTANT FOR SEVOR HOUSING PROJECT. Councilmember Helliw asked why the alker firm was recommended by the HRA. David Crain, HRA hairperson, stated Wallce anagement, Inc., was the most experienced wit , ordable senior housing proj s. The firm offered a variety of professional se "ices including design, construction, and management. It is proposed that Walker will manage the project for at least two years er completion. He stated that Walker stc 6d out in breadth and depth of experience. sts for services submitted from all firms *ere approximately three percent of the develop ent cost. cpm OCT 16;92 A P ROBERT L. CROSBY LEONARD M.ADDINGTON ROBERT R.BARTH N.WALTEa GRAFF ALLEN D. BARNARD RICHARD A. PETERSON' ROBERT J. CHRISTIANSON, JR FRANH J. WALz FRANH VOGL MARa:us W. VAN PUTTEN, JR. DAviD B. MORSE JOHN A.BURToN,JR. JAMES C. DiRAcLEs ROBERT L.MELLER,JR. SCOTT D. ELLER BEST & F LANA GAN ATTORNEYS AT LAw CHARLES C.BEROUIST GEORGE 0.LVDCRE 0500 IDS CENTER DANIEL R.W. NELSON OF COUNSEL E.JosEPH LAFAVE 80 SOUTH 8TH STREET CINDY J. LAasw JOHN P. BOYLE JOBN R.CARRoLL JAMES D. OLSOX GREGORY D. SoULE CATHY E. GOBLIN MINNEAPOLIS MA 55402 - 2113 Ross C. FORMELL CARYN SCHEaB GLovER ROBERT M.SKARE ARCHIBALD SPENCER PATRICK B. Ltiv SY TIMOTHY A.SuSvLLIVAX TELEPHONE (612) 339-7121 SARAB S. GODFREY MARY E.SHEAREN CHARLES S. BELIAWs WARD B LEwiS TAMMY L. PUST BRIAN F. RICE TELECOPIER )612) 339-6697 CATaERINE J. COURTNEY KEITH J. NEIsEN TRACY J. VAN STEEXHIiaGH DAVID J. TRACT F. KocHENDOarER STEVEN .KRu JEANNICE M.RLDiNG SARAH CRIPPEN MADISON JAMES L BEST JAMES P. . MICHELS mrws S PAUL E.KAMINSAI ROBERT D. MAHER f0W-1089 ROBERT J. FLAXAGAN DAVID H.JonNsol: I809.1075 October 6, 1992 Mr. Joel Holgen 14305 46th Avenue North Plymouth, MN RE: Weed Cutting Dear Mr. Holgen: This firm represents the City of Plymouth.- As you know, the City has a trail located on Outlot A on the southwest corner of Fernbrook and 46th Avenue North. You are responsible for the maintenance of vegetation on the area adjacent to the trail and your property. In the past you have sprayed the area, resulting in an area which is barren and without vegetation.. Not only have we.received complaints from this area, but this spraying also left a barren area which caused siltation into the trail. While the City Code used to allow such spraying, it no longer does. I attach hereto a copy of Ordinance No. 91-17 which shows that you are now required to cut vegetation, rather than spraying it. Because you may not have been aware of the ordinance change, the City will seed this area in the spring of 1993. We would appreciate your care and maintenance of the resulting vegetation. If you do not maintain the area or worse, spray it with chemicals, we will have no option but to prosecute such action as a misdemeanor. I would ask you to contact this office with some assurance that you will comply with the City Code. Also, I would be glad to answer any questions you might have. Sincerely yours, _9 ' C�a (aul E. Kaminski PEK/pek/6430K cc: Mr. Robert L. Meller, Jr., City Attorney Mr. Frank Boyles, Acting City Manager V11, GIM OCT 16'92 Mr. Mark Peterson, Superintendent of Parks Plymouth City Code 810.01 (Rev. 1992) Section 810 - Assessable Current Services 810.01. Definition. The term "current service" as used in this ordinance means one or more of the following: snow, ice, or rubbish removal from sidewalks; weed elimination from street grass plots adjacent to sidewalks or from private property; elimination of sight obstructions within rights-of-way; removal or elimination of public health or safety hazards from private property, excluding any hazardous building included in Minnesota Statutes, Section 463.15 to 463.26; installation or repair of water service lines; street sprinkling, street flushing, light street oiling, or other dust treatment of streets; repair of sidewalks and alleys; the operation of a street lighting system; and unpaid alarm system permit fees under Section 1155. (Amended, Ord. No. 88-46, Sec. 1; Ord. No. 92-29, Sec. 1) 810.03. Weed Elimination. Subdivision 2. Noxious Weeds. Plants defined by the Minnesota Commissioner of Agriculture to be injurious to public health, public roads, crops, livestock and property are hereby defined as noxious weeds. The owner or occupant of land containing noxious weeds shall cut, eradicate and destroy such weeds to reduce the incidence to such weed and prevent its spread. Any such eradication or destruction must be done with a state -approved herbicide. (Amended, Ord. 81.06, Sec. 1; Ord. No. 91-17, Sec 1) Subd. 2. Weeds as a Nuisance. Weeds, tall grasses and other rank or harmful vegetation, excluding noxious weeds, growing upon any private property or upon any property adjacent to the travelled portion of any street, alley, trail or sidewalk in the City of Plymouth, exceeding the height of eight (8) inches on properties other than agricultural or natural preserves shall be cut by the owner or occupant of the property. Agricultural land shall be properties located in the FRD zoning district and under current cultivation or properties used for grazing purposes or undeveloped land not in the FRD district excluding portions of such property abutting within 200 feet of property developed or under development, improved public or private facilities or City streets. Natural Preserves shall be publicly owned lands designated as park or open space or private properties approved by the City which are set aside to preserve their natural characteristics and qualities. (Amended, Ord. 81-06, Sec. 2; Ord. 81-12, Sec. 1; Ord. No. 91-17, Sec. 2) Subd. 3. General Notice. On or before June 15 of each year, or at such other times as directed by the Council, the City Clerk'shall publish once in the official newspaper, a notice directing owners and occupants of property within the City to destroy all weeds declared by Subdivision 1 and 2 to be noxious or a nuisance and stating that if not so destroyed within ten days after publication of the notice, the weeds will be destroyed by the City at the expense of the owner and if not paid, the charge for such work will be made a special assessment against the property concerned. (Amended, Ord. No. 81-06, Sec. 3) Subd. 4. Notification Procedure. Owners or occupants of lands containing noxious weeds requiring removal shall receive written removal notice by certified wail return receipt requested to the address of the owner of record. Refusal to accept such notice shall not constitute a defense that the notice was not received. Owners or occupants of properties containing vegetation declared to be a nuisance shall be notified by first class letter. Notification shall include pertinent information regarding the nature of the violation, method of eradication and notification that ten (10) days from the mailing date of the letter is provided for weed removal. (Amended, Ord. No. 81-06, Sec. 4) ciM OCT 16'92 ARNE H. CARLSON GOVERNOR October 9, 1992 STATE OF MINNESOTA The Honorable Kim M. Bergman City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1482 Dear Mayor Bergman: OFFICE OF THE GOVERNOR 130 STATE CAPITOL SAINT PAUL 55155 ;c0 I need your help. I am writing to you because, as an opinion leader, I know you will agree that what I am about to address in this letter is of extreme importance to all of Minnesota. For the third year in a row, our Administration is facing a budget deficit. Put simply, the state of Minnesota is again committed to spend more than it is taking in. When I took office in January, 1991, I inherited a budget deficit of $1.9 billion. As required by Minnesota law, this shortfall was resolved. In January, 1992, we were faced with another budget shortfall of $569 million. That shortfall was also resolved through difficult decisions but without major disruption or severe consequences. Now it appears that the Administration and the 1993 Legislature must balance a budget deficit of at least $840 million. This $840 million deficit will occur even though state revenues are projected to grow by 11.4 percent for the next biennium. I am committed to covering this shortfall without new taxes. It is difficult to imagine anything more destructive to an economy in a recession than additional taxes. Taxes will cost us jobs. Taxes lower take home pay and make Minnesota goods and services less competitive. Furthermore, taxes are not the solution to what ails Minnesota's budget condition. These repeated budget shortfalls clearly point to the fact that Minnesota is facing a structural budget problem. This pattern of overspending was created during the decade of the 80's through spending commitments that were made without direct consideration for revenue intake. An 11.4 percent revenue increase ought to be enough for any state to live on. But the state of Minnesota is committed to a 14.8 percent increase in spending before the Legislature even takes a vote just to fund existing programs. The state of Minnesota, just like families, business, and other units of government, should be expected to live within its budget. That is why I am writing to you. To cover this shortfall without new taxes on our citizens requires difficult decisions and choices. I need the assistance and thoughtfulness of your organization to help me and my Administration. I am calling on several different groups from AN EQUAL OPPORTUNITY EMPLOYER 10 PRINTED ON RECYCLED PAPER S�r'•75 aim OCT 16'92 1-10e social service organizations to business, labor, agriculture, and others to assist me with this major challenge. I believe it is time for all Minnesotans, not just special interest or lobbying groups, to have a voice in how we resolve the state's structural financial problem. The time has come to make some very difficult choices requiring courage, compassion and creativity. But, in order to do so, Minnesotans must first understand we do have a serious situation confronting us. As the Governor of Minnesota, I want to make sure that there are no surprises this legislative session and that there has been ample time to thoughtfully debate the issues surrounding a resolution to this budget shortfall. Imagine these scenarios, none of which our Administration would actually propose and none of which would cover this gap. Closing all state offices and laying off all state employees paid for through the state's general fund still would not produce savings sufficient to cover the budget shortfall. We could drop all direct aids to cities, and that would not be enough. We could close all of the state prisons and hospitals, and that would not be enough. It concerns me that one month prior to an election, there is very little public discussion about the mere existence of a shortfall, let alone possible solutions. Now is the time for all Minnesotans to have a voice in the outcome of our state budget. If you share my concern and want to make your opinion known, I suggest you consider the following: 1. whether you are a Republican or a Democrat, call your local legislative candidate and find out where he or she stands on the budget issue. Ask them how they plan to deal with the $840 million shortfall. Ask them if they plan to. raise taxes to make the adjustment, or if they are willing to support a no tax solution; 2. for more detail, please review your copy of "Minnesota's Financial Outlook," enclosed with this letter; 3. let me know, via the enclosed survey, how you think we should make the tough budget choices; and 4. use our toll-free number at the Governor's Office to communicate any other thoughts you have about Minnesota's budget problems. Our number is 1-800-657- 3717 (or, if you live in the Twin Cities metro area, call us at 296-3391). The challenge we face is not pleasant one. However, I am confident that if we all pull together and balance individual interests with what is good for the state as a whole, we can restore the fiscal stability that is so important to Minnesota's quality of life. Warmest regards, v�.q;�\\W,,a,., & CARLSON Governor CIM OCT 16'92 I -1-10e SURVEY NOTE: Please return this survey to Governor Arne Carlson by December 1. Thank you for your time. Governor Arne H. Carlson Room 130 State Capitol St. Paul, MN 55155 phone: (612) 296-3391 fax: (612) 296-2089 Your Name: Organization: Street: City: Phone: Fax: 1. While there are no easy answers, I think that there is still room to raise Minnesota's taxes to cover the budget shortfall because high taxes should be secondary to quality government programs and assistance. Agree Disagree 2. 1 think it is time to hold the line on spending even though it will be painful because in the long run higher taxes will lower individual incomes and cost Minnesotans jobs. Agree Disagree 3. Are there one or two programs you feel should absolutely be protected from any spending reductions in the next biennium? If so, please identify the program(s) and describe your reasons. -continued- ciM OCT 16'2 Z 10 e, 4. If you believe that there are programs to be protected or even increased during the next budget cycle, please identify how you would pay for them - by reducing spending for other programs or by increasing taxes. (Please be specific and make sure that your reductions or tax increases are enough to cover the needed funds). 5. Are there state programs, aids, and agencies which you feel could be reduced, eliminated, or consolidated to save money during the next biennium? If so, please identify. 6. Do you believe your community and/or organization understands that a serious structural budget problem is facing Minnesota? YES NO community organization 7. Do you believe that your community and/or organization is prepared to accept less in order to bring our structural budget problem under control? YES NO community organization B. . Other comments for the Administration to consider when drafting the budget. ciM OCT 16'92 Minnesota's Financial Outlook Department •ofFinance • • . • ... CIM anevz A T -10e Minnesota's Financial Outlook Minnesota Department of Finance 9 October 92 The Governor and the Legislature have responsibly resolved three budget shortfalls totalling nearly $2.5 billion over the past year and a half. The deficits were solved without the massive layoffs, major tax increases and service shut -downs that have plagued other states. The rate of growth in state spending has been reduced to 9.1 % for this biennium, by far the lowest rate in the past 20 years. However, Minnesota still faces an $837 million deficit in the next biennium, with no rainy day budget reserve. The basic fiscal problem that has historically faced the state, and will continue to confront Minnesota, is a structural imbalance between revenues and expenditures (Chart 1). o For the 1994-95 biennium, revenues are projected to grow by $1.6 billion (11.4%) over the previous two years. This is a healthy increase in the state's capacity to fund its programs. o Unfortunately, expenditures will need to grow by 14.8% just to fund exiting programs, and before any new commitments are made. Unless action is taken in the next session, the state will be spending over $1.6 million more each day than it will be taking in by F.Y. 1995 (Chart 2). The problem is not a lack of revenue. The problem is spending. Projected 1994-95 spending growth will again exceed the rate of inflation, just as it has for nearly every year of the past two decades: In fact, unless changes are made in the next legislative session, state spending will grow at twice the rate of inflation (Chart 3). For the fust Carlson budget, state spending growth was held to near the rate of inflation for the fust time in a decade. The only time that state spending grew slower than the rate of inflation was during the Quie years, when the nation experienced double- digit annual inflation. Spending was not reduced to solve the previous shortfall. Only the rate of increase in spending was cut. Even after adjustments are made to account for transfers among program areas, spending did grow and will continue to increase substa_ ntially for most state programs (Chart 4). CIM O i 16`92 �' Iolp / Over two-thirds of the state's 1994-95 budget is projected to go to education and human development. Aids to local units of government and other forms of property tax relief represent nearly 16% of total spending. Only 6% of the state budget funds the operations of state agencies (Chart 5). Three spending areas account for 58% of the state's budget, but will generate 88% of all spending growth in 1994-95. Spending on health care, elementary and secondary education, and local aids and property tax credits is projected to grow the fastest in the next biennium (Chart 6). Health care spending is projected to grow by 31% over the prior biennium. In comparison, all other human development programs will grow by only 5.4%. o Welfare is not the problem. These programs only account for about 10% of the total human services budget. And, although the number of people who need family and child support services is growing, they have not received adjustments to.cover cost of living increases for years. o The principal spending driver for the human services budget is medical care for the elderly and disabled. Two-thirds of Minnesota's human services budget goes to these programs, where spending is projected to grow at four times the rate of inflation. State payments to private nursing homes and private medical providers will increase over 40%, with about one-half of the increase due to more patients. Elementary and secondary education represents the second highest projected- spending rojectedspending increase. Spending on K-12 education will grow by over $1 billion, an increase of nearly 24% from the previous biennium. Student growth accounts for about one-third of the projected increase in education spending. Another one-third is attributable to inflation, with much of the remainder resulting from previous commitments for program funding increases. Local aids and property tax relief are the third major spending growth area. Projected state transfers to cities, counties and towns will require a 13 % increase. Spending growth for higher education, state agencies "and all other programs is projected to be modest. State agency spending is projected to increase by 4.5 % for the biennium, but the Governor has already directed agencies to absorb inflation and to cut an additional 5%. In other words, state agencies face a total reduction of about 10%. And, state agencies are the only program area that actually received less money than they did in the prior biennium. Dim. OCT 16'92 .c U) O 0M � O N M O 00 O CD 00 L N �t In N m O � t- L. O LC) • — > cn C: � o 0) 07 LU CL X .� W WW U V X O LU O — L. 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CMG coMN M M N T N Ole O O O N d' LO CG T LO 4 M M r r ,- CO V, T I`%- IT `I' 00 'd' O LO T- CD CG LO � -r- 0) Cn Cr) LO N N CD, CD N NT r r ,- O T M M LO LO r r f` LO M r T r r T O LO T N O T O ,a. r N I* - O co O LO Co O Co LO T .L 0 tt T I r r O LO T N O T O ,a. r N I* - co M co O LO LO 1 CG .L 0 CO T r M M r 0 CD .L 0 OD o 0 OD C U c� S .P co Lj 0 0 Cu . c 0 Q r_ U- �otS cn NV ��0 Cu _ cc W o L 0) " CD 0 O U)V � � cm0.�=Q cu0 N UO 0 V -p IT -Oj Cn < p c CL co GO OCi 16'92 =-10� I �2 p p , 2/) 90 3, S 7 7. a o--L. 6 6 a12 .,te - CIM OCT q FIGURE 10 PROPOSED STREET & STORM SEWER MEDINA ROAD STREET IMPROVEMENT ........... 7, -Io m m r cim OCT 16 -- --- --------------------------------------------- -------- -------------------- ..............--------------- 7 Co (A --------------- : --------------------------- -------------- ..t -....... -— T-------- ------ -------------- --------------- — — --------- --------- STEVEN ---- ---------- HUGHES (A rn CA 'm z FIGURE 10 PROPOSED STREET & STORM SEWER MEDINA ROAD STREET IMPROVEMENT ........... 7, -Io m m r cim OCT 16 - ----------- ----------- -------- -- ---------- :w ------------------- - ---------- ---------- --- ------ ------------- ------------------ I -- CP FIGURE 11 PROPOSED STREET & STORM SEWER CIM OCT 16'92 MEDINA ROAD STREET IMPROVEMENT m 0 C) m z m -------- -- ---------- :w ------------------- - ---------- ---------- --- ------ ------------- ------------------ I -- CP FIGURE 11 PROPOSED STREET & STORM SEWER CIM OCT 16'92 MEDINA ROAD STREET IMPROVEMENT W- u Lo -1-10q- 11612. 04% 1�C t I October 9, 1992 PCF PLYMOUTH - Mr. Mark Danielson 4610 Glacier Lane North Plymouth, MN 55446 Dear Mr. Danielson: On October 5, 1992 Building Inspector Arnie Rasmusson met with you at your property to inspect the construction of an existing three season porch located on the back side of your home. The inspection was limited to the visual components of the porch construction only. Mr. Rasmusson's findings were as follows: The exterior steps to grade from both sides of the porch should be fastened and secured to the outside rim joists. Please be advised that the City, as a matter of policy, does not provide inspectional services for existing properties or structures, as we have not yet adopted a formal housing maintenance code. Future requests of a similar nature should be directed to an independent Inspection Agency. If you have any further questions, please feel free to contact me at 550-5031. Sincerely, Joe Ry Building Official cc: b>jr/danielson 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 x r- 10 a' um OCT 16 .%,v. p. October 8, 1992 CIN OF PLYMOUTFF Gary Threlkeld Twin City Optical 725 North Highway 169 Plymouth, MN 55441 SUBJECT: LIST OF REAL ESTATE AGENTS AND PHONE NUMBERS Dear Gary. I appreciated the opportunity to chat with you the other day on the phone. As promised, I have attached a list of individuals who may be able to help you in your search for a new building. We certainly hope you will decide to stay in Plymouth! If there is anything else I can do, please give me a call at 550-5013. I am enclosing a business card which I hope you will place in your card file for future reference. Sincere / FB:keb attachment cc: Mayor & City Council ✓ Chuck Dillerud, Director of Planning & Community Development 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 I'll, OCT 16 X92 Michelle Foster OPUS Corporation P.O. Box 150 Minneapolis, MN 55440 Brad Lis Carlson Real Estate 45 S. 7th St., #2222 Minneapolis, MN 55402 John Lavander Caliber Development Co. 14405 -21st Ave. N. Plymouth, MN 55447 Tony Fitts Prudential Property Co. 1700 Market St., #3200 Philadelphia, PA 19103 Brad Hoyt Hoyt Development 6321 Bury Drive, #3 Eden Prairie, MN 55344 Kay Harris Towle Real Estate 330 2nd Ave S., #800 Minneapolis, MN 55401 Ralph Robinson Told Development 6900 Wedgwood Rd., #100. Maple Grove, MN 55311 TRAMMEL CROW CLOSED ITS OFFICES IN MINNETONKA lit cvrL)6 _ 10k CtM OCT 16'. ` Mr. & Mrs. Duane W. Horton 118 Saratoga Lane Minneapolis 27, Minnesota 55441 October 2, 1992 Mayor Kim M. Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, MN. 55337 Dear Mr. Mayor; I must bring to your attention the poor quality of workmanship that was performed on our property at 118 Saratoga Lane N. during the construction of the street this summer. 1 The contractor removed black top five -inches thick from our driveway and replaced it with two inches or less of coarse underlayment material. The edge on the north side does not match the south side. The surface is rough and will pick up ice and snow. The inadequate thickness will have a limited life with freeze and thaw weather conditions. 2 Two groups of lovely, healthy bushes were removed without earth and replanted in very shallow holes with roots exposed. Three bushes have died and there is little hope for the balance in spite of a great effort on our part to save them. 3 The crushed rock behind the curb was not leveled before the earth was replaced, leaving rock exposed to the sod. The sod was not rolled after it was laid. The price quoted in the forecast was most generous. This combin- ation of high cost and poor quality makes the job completed just south of us in Minnetonka a much better value with less interrup- tion. I have discussed these points with Dan Canpbell and he counters that the work is the best they could do with the equipment and labor they had to do the job. That'suggests that the contractors were not capable. We will have to replace some bushes and the driveway entrance. We expect the city and the contractors.to bear the expense, as we were promised that the property would be replaced the same as it was. Clbi OCT 16 '92 The improved street has made a speedway out of Saratoga Lane. We have many small children in the neighborhood that must be protected. Whatever means is used must be enforced. Very few drivers heed the stop sign now in place at Trenton Lane. Your assistance on these problem will be appreciated. Please give us a reply as soon as possible. Duane Horton CIM OCT 16'92 October 15, 1992 CIS C PUMOUTR Mr. & Mrs. Duane W. Horton 118 Saratoga Lane Plymouth, MN 55427 Dear Mr. & Mrs. Horton: Thank you for your October 2, 1992 letter. I have referred your concern to Public Works Director Fred Moore. I am requesting by copy of this letter that he respond to you and copy the City Council so that we might be aware of the raesponse to the problems raised in your letter. Sincerely, Kim M. Bergman Mayor KMB:keb cc: Fred Moore, Public Works Director ClM OCT 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 16 ,,\NoEso.,,q Minnesota Department of Transportation fir hlO-;:- Transportation Building ti;F , 395 John Ireland Boulevard OF !V Saint Paul, Minnesota 55155 October 8, 1992 Ms. Laurie Rauenhorst City Clerk City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Ms. Rauenhorst: (612) 296-2950 As requested by City Resolution #92-405, dated July 6, 1992, attached is authorization to erect the appropriate signs designating the reasonable and safe speeds on Northwest Boulevard. Please keep this authorization in your permanent files, we have our necessary copies. Erection of signs shall be in conformance with the 1991 Minnesota Manual on Uniform Traffic Control Devices. Note the contingency on the authorizations. This must be met before the regulatory speed limit signs are erected or changed. Sincerely, cc• Daniel L. Faullmer City Engineer (Transmittal Only) d£ic Engineering An Equal Opportunity Employer CT 16 Nkvl= 29213 (12-78) 01 t STATE OF M [NNESOTA DEPARTMENT OF TRANSPORTATION Page 1 of 1 Page LOCAL STREET OR HIGHWAY SPEED L1M1T AU HORIZA71ON Road Authority City of Plymouth Date October 9, 1992 Road Name or No. Northwest Boulevard Termini of Zone: From 54th Avenue To Pineview Lane Date of Request July 6, 1992 Kindly make the following changes in speed limits on the above -referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof: 45 miles per hour between the intersection with 54th Avenue and the intersection with Pineview Lane. NOTE: The speed limits, described in this authorization, are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Waming signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (1) White - Road Authority Signatute (1) Pink - Central Office Traffic (1) Blue - District Traffic Engineer for Road Authority use only Date traffic control devices changed implementing this authorization Month -Day -Year Signatare Title CM1 QCT 16 #92