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CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 20, 1992
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER:
NOV. 30 5:30 P.M. COUNCIL STUDY SESSION
Council Conference Room
TOPICS:
- Human Rights Issues
- Areas of Board/Agency Cooperation
NOV. 30 7:00 P.M. COUNCIL MEETING AND
1993 BUDGET HEARING
Council Chambers
2. CITY COUNCIL MEETING SCHEDULE FOR DECEMBER:
DEC. 7 5:30 P.M. JOINT COUNCIL & INDEPENDENT
SCHOOL DISTRICT 284 BOARD
MEETING
Council Conference Room
Attached is the final agenda for
the meeting.
DEC. 7 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
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3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIO AL MEM
NOVEMBER 20, 1992
PAGE 2 F�W)
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2. CITY COUNCIL MEETING SCHED►I�I>:E FOR DECEMBER: (Cont.)
UTLL
DEC. 8 8:30 A.M. PLYMAGER SEMIFINALIST
REVIEW
Council Conference Room
DEC. 10 7:00 P.M. COUNCIL BUDGET HEARING
(If Necessary)
Council Chambers
DEC. 14 9:00 A.M. CITY MANAGER FINALIST
INTERVIEWS
Council Conference Room
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DEC. 21 5:00 P.M. STUDY SESSION
Council Conference Room
TOPIC:
- Financial/Legal Advisors
DEC. 21 6:30 P.M. PLYMOUTH FORUM
Council Chambers
DEC. 21 7:00 P.M. COUNCIL MEETING
Council Chambers
3. CITY OFFICES CLOSED -- Thursday, November 26, and Friday, November 27.
Thanksgiving Holiday.
4. MEETING RENIM TDERS
A. MEETING DATE FOR METROPOLITAN COUNCIL DISTRICT 9 VACANCY -
- Thursday, December 10, 6:30 p.m. Roseville City Hall. Public hearing to consider
candidates for the District 9 Metro Council seat.
B. TWINWEST HOLIDAY OVERTIME -- Thursday, December 3, 5:00 - 6:30 p.m.
Hopkins House. Admission is a business card and an unwrapped toy for a needy child.
No registration is necessary. (M -4B)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL AIMORANDUM
NOVEMBER 20, 1992
PAGE 3
5. MEETING CALENDARS - City Center calendars for November and December, and City
Council calendars for the upcoming six weeks are attached. (M-5)
FOR YOUR INFORMATION....
1. COMMUNITY DEVELOPMENT ACTIVITY STATISTICS -- The Community
Development Department activity statistics for the month of October are attached. Total
planning applications are running six percent ahead of 1991. Building Division activity
continues to be well ahead of the two previous years. Permits have been issued for 493
single family dwellings compared to 291 to -date in 1991 -- a 70 percent increase. (I-1)
2. AMM LEGISLATIVE CONTACT ALERT -- The attached Legislative Contact Alert
was received from the AMM. The alert describes the agreement for city aid distribution
for 1994 through 1996. (I-2)
3. HARASSMENT/STALKERS ORDINANCE -- Attached is a copy of the
Harassment/Stalker Ordinance recently adopted by the City of Shoreview. For
comparison, the state law relating to harassment is also attached. Mayor Bergman asked
that we provide this information. (I-3)
4. BOARD/COMMISSION UPDATE -- We have mailed out several applications to
residents responding to the City's request for applications from individuals interested in the
HRA vacancy. Applications will be received until 4:30 p.m. on Friday, December 4.
Attached is a revised Application for Appointment to a Board or Commission. The new
application form contains the same information as the prior application with the addition of
the list of commissions at the beginning of the form. Previously, the form asked
individuals to indicate their 1st, 2nd, and 3rd choice, but did not list the commissions.
Many residents phoned for a list of commissions once they had received their application.
The revised form may also result in increased interest in some of the City's lesser known
Boards and Commissions, i.e. Mediation Board, Human Service Councils, etc. We
welcome any additions or further revisions the Council may desire to the form. (I-4)
60WPIR .iI ME
A. Forum Notes, November 16, 1992. (I -5a)
B. Park and Recreation Advisory Commission, November 12, 1992. (I -5b)
6. PERSONNEL --
A. Police Support Services Supervisor Steve Correll resigned effective November 16. He
has accepted a position at the Bureau of Criminal Apprehension.
CITY COUNCIL IE FORMATIONAL
NOVEMBER 20, 1992
PAGE 4
B. Computer Operator Gayle R6&e 'as -reigned for personal reasons, effective
November 19. N CITY OF
7, CORRESPONDENCE: PUMOUTR
a. Letter from Mike Sankey, 4630 Terraceview Lane, thanking Recreation Supervisor
Rick Busch for selecting him as a part-time recreation program employee. (I -7a)
b. Letter to three Plymouth churches from City Clerk Laurie Rauenhorst thanking them
for use of their facilities as polling locations free of charge to the City in 1992, and
providing a copy of the ad which appeared in the November Plymouth News. (I -7b)
c. Letter to Ronald Weber, 17009 19th Avenue North, from City Engineer Dan Faulkner
responding to petitions received for all -way stop signs at 19th Avenue and Holly Lane
and 19th Avenue and Fountain Lane. The letter states that when signatures are
received of 70 percent of the property owners within 500 feet of the requested stop sign
location, the request will be presented to the City Council for consideration in
accordance with the City's Stop Sign Installation Policy. (I -7c)
d. Letter from Plymouth Civic League to Acting Manager Frank Boyles thanking the City
for its contributions to the 20th anniversary Music in Plymouth program. (I -7d)
e. Letter to Ken Schultz, 2700 Fountain Lane, from Acting Manager Frank Boyles
responding to Mr. Schultz's letter expressing frustration about Plymouth's recreational
facilities. (I -7e)
f. Letter to Fern & Al Dorich, 5325 Orleans Lane, from Public Works Director Fred
Moore responding to their concerns about the intersections of 54th Avenue/Highway
169 frontage road and Schmidt Lake Road/Highway 169 frontage road. Also attached
is a letter to the Dorichs' from Park & Recreation Director Eric Blank responding to
their letter regarding trails and sidewalks in the Cardinal Ridge area. (I -7f)
g. Letter to Steve Chase, 11901 23rd Avenue North, from Public Works Director Fred
Moore responding to Mr. Chase's letter requesting that the City provide maintenance to
the road that serves his property. This access is an alley, and Director Moore's letter
indicates that properties which have chosen to construct an access to an alley are
responsible to provide their own maintenance. (I -7g)
h. Letter to recently elected senators, representatives, and county commissioners from
Mayor Bergman congratulating them on their election and inviting them to contact the
City for assistance. (I -7h)
i. Letter to Carol Bryant, Ph.D., Principal of Plymouth Creek Elementary School, from
Public Works Director Fred Moore, outli*9 a meeting that was held on October 22
with representatives of the City and the Parent Advisory Council for the school. (1-7i)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL 11IMORANDUM
NOVEMBER 20, 1992
PAGE 5
j. Letter to Dale Charboneau, D.C. Design & Graphics, from Building Official Joe Ryan,
responding to Mr. Charboneau's comments on a Customer Service Card. (I -7j)
k. Letter from Keith J. McDonald, Shingobee Builders Inc., notifying the City that the
Plymouth Playfields project won a 1992 Award from the Minnesota Chapter -of the
Associated Builders and Contractors. (I -7k)
1. Letters to John Carroccio, J. Paul Sterns & Company, Inc., and James R. Orr, Schell
& Madson, Inc., from Community Development Director Chuck Dillerud advising him
of the Council intent to reconsider the issue of access to Lots 1, 2, and 14 of Wood
Pointe Estates. The letter advises that the issuance of the building permit for a new
home on Lot 14 has been withheld pending the Council's decision. (I-71)
m. Letter to Soo Line Railroad Company from City Engineer Dan Faulkner submitting the
City's formal request of the Soo Line to install crossing gates at the railroad crossing
on Pmeview Lane. (1-7m)
n. Letter from Daniel D. Witkowski, 405 Cottonwood Lane, to Acting Manager Frank
Boyles thanking staff for assistance in addressing the City Council with regard to his
concerns on the driveway access issue for Wood Pointe Estates. (I -7n)
o. Letters from Minnesota Pollution Control Agency advising the City of petroleum
storage tank release investigations and corrective actions at 10405 Old County Road 15
and Lot 4, Block 2, Churchill Farms. (I -7o)
p. Letter from Sharon M. Meister, homeowner in the Mission Ridge area, to Mayor
Bergman, objecting to the Baton development. (I -7p)
Frank Boyles
Acting City Manager
JOINT PI
INDEPENDENT SCHOOL
I. INTRODUCTIONS
Y COUNCIL/
IS'CHOOL BOARD MEETING
Monday,, eMM iei�i
5:30 p.m.
II. COMMUNITY USE OF SCHOOL FACIL[TIES FOR PARK AND RECREATION
PROGRAM PURPOSES
IV. SCHOOL LIAISON OFFICER PROGRAM
V. SCHOOL DISTRICT LIAISON TO PLYMOUTH POLICE DEPARTMENT
VI. OTHER BUSINESS
ADJOURN - 7:00 P.M.
Nod 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 55 - 00
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CITY COUNT- NOV 22 - DEC 6
4 �m�i, e; 1992
November 16
6:30pm PLYMOUTH FORUM
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7:00pm COUNCIL MEETING
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November 17
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November 24
6:30pm HRA
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700pm BUDGET STUDY SESSION TV..:'.
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November 18
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November 25
6:45pm PLANNING FORUM
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7:00pm PLANNING COMMISSION
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November 19
'-THURSDAY:--
23
November 26
9:00am LMC - Policy Adoption Conference
26
Thanksgiving
- Offices Closed
November 20
FRIDAY
November 27
30
Thanksgiving Holiday - Offices Closed
November 21'
SATURDAY
November 28
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*REVISED MEETING **NEW MEETING GIM NOV CU Z11- 11/20/1992
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
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3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL -DEC 7 - 20"'-s
December 1992
December 7 December 14
5:30pm JOINT,COUNCEUISD 284 -,MEETING:.:.:-*.."-......':. 9:00am City Manager Finalist Interviews
7:00pm. CHARTER COMMISSION
1--7:00pm COUNCIL, MEETING
December 8 ["'TUESDAY December 15
8:30am City Manager Semifinalist Review 6:30pm HRA
7:00pm BOARD OF ZONING I
December 9
7:30am FINANCIAL ADVISORY COMMITTEE
7:00pm PLANNING COMMISSION
December 10 L-1-1
6:30prn Metro Council Public Hrg. Dist. 9 Vacancy
7:00pm PRAC
7:00pm COUNCIL BUDGET HEARING
December 11
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M -S
CITY COUN"IIB.- DEC 21 - JAN 3
Decemb-,y [V92\114-anuary 1993
December 21
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3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 5, 1992
T0: Frank Boyles, ting City Manager
FROM: Chuck it Community Development Director
SUBJECT: COMMUN Y DEVELOPMENT DEPARTMENT ACTIVITY STATISTICS FOR OCTOBER,
1992
Please find attached tabular and graphic depictions of the Community
Development Department activity for the month of October and year-to-date.
Planning Division activity continues to reflect the erratic month-to-month,
characteristics that we have observed over the entire year. Total
applications, year-to-date, are running 6 percent ahead of 1991.
Building Division activity continues to be well in excess of either of the two
previous years, with total permits issued to date 24 percent more than during
1991, and November permit issuance totals 18 percent more than during 1991.
Other statistics that may be of interest the City Council concerning Community
Development Department activity this year include the following:
1.
_....... -- ---- --- ---- - -
more than October, 1991 --so the trend continues.
a* 111 'V{AI-4V-YMVV•
er were 75 percent
2. The ayer3p.-Yri1ue of a1_�v d�Q Schad Awe] l i ng based on the 493
permits issued by the end of October was $139,000.
3. The value of all construction started_ in Plymouth through the end of
cto er was - — re than bv the same -date in
1991_. dotal fees collected by the Building Division related o ui ing
permits and plan review show a similar percentage of increase over the
1991 total to -date.
(pl/cd/fb.monthend)
CIM NOV 20'92
PLANNING DI
45
40
35
30
25
20
15
10
5
0
1990
TOTAL APPLICATIONS
rL
F
I-1
APPLICATIONS
1992
-----------A_._...---.
•----•- -- - -- -.. •i -- --` .......... -- ------ -- -----
..--------. ;
-104
:
. . . . . . . . :
-- - ----• �-
r
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
MONTHS
October 1992 Rer)ort
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 54-51MOONOV 2 0'92
MY CF PLYrDIIlH
PLANMU DrvM N A=CMCNS
70M APMCMCNS
MOB
1990 1991
1992
JAN
16 15
7
FEB
20 16
14
MR
19 18
20
APR
41 31
40
27
JN
32
2128
JIL
14 19
39
AjG
19
SEP
2
23
Ccr
9 22
21
NOV
8 14
IDC
8 9
TomI8
PLPIM
238 243-
233
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 54-51MOONOV 2 0'92
u
BUILDING DIVISION PERMITS
700
650
600
550
500
450
400
350
300
250
200
150
100
50
0
1990
TOTAL PERMITS ISSUED
1991
1992
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J......... .t--------- -i--------- -1......... •i---...._.-t.---------i......... .t-----.... .t......... .i------.-. .t......... .t
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
MONTHS
MY • 1 • 1
0L•v1W'"ir. MD�
TEAR
1990
1991 -
1992
JAN
304
250
325
2566
295
NSR
30336
474
APR
346
469
512
J[N
4550
516 63391
J(L
459
489
663
474
577
�
37788
OCT
386
491
581
NOV
264
320
4478 4747 5187
October 1992 Report
ciM NAV 20'92
t
asocia�ion of
meropo itan
municipalities
slatmive
tact
Alert
November 13, 1992
TO: AMM Board of Directors, Member Cities
FROM: AMM Staff
SUBJECT: Agreement for city aid distribution; 1994 thru 1996
The League of Minnesota Cities (LMC) has developed a Local
Government Aid distribution formula that the AMM staff believes
meets AMM policy criteria developed and approved by the AMM
Membership.
The major issue this next session for cities will be protection
of the Local Government Trust Fund (LGTF) with a full two cents
sales tax to fund the existing programs. Included in the LGTF
in 1993 is about $800 million total of which the county share is
about $300 million, city Local Government AID (LGA + EQA + DRA)
is $321 million, and city Homestead and Agricultural Credit Aid
(HACA) is $189 million. Governor Carlson has indicated he does
not believe in state collected taxes being used to finance city
services. Many Minnesota Chambers of Commerce, business
organizations, the Minnesota Taxpayers Association, and the CORE
study commission are advocating elimination or significant
reduction of state collected revenues for city services. The
state is facing a projected $840 million shortfall while school
funding needs are projected to grow by 24%.
If cities are to successfully save -the LGTF, LGA, and HACA, we
must have a strong united front. We cannot afford to expend
energies fighting each other over distribution of LGA. If we do
it is highly probably that both LGA and HACA will be lost or
significantly reduced. Therefore, each competing interest
should look at the package and the benefit in view of. possibly
losing everything. This formula is not perfect but it does
represent a real compromise among the competing city
organizations and no organization got exactly what it d.
On balance, when all factors and interests are con
believe it is in the best interest of AMM Member es to
I r I.;L
support this formula. 6`,.
3490 lexington avenue north, St. paul, minnesota 55126 (612) 490-33
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612)
20,91
The LMC position is that each program within the LGTF grow at
the same rate that the 2 cent sales tax grows, that HACA be kept
a separate program, and that Local Government Aid, Equalization
Aid, and Disparity Reduction Aid be combined and grandfathered at
their current $321 million distribution. The LMC Board
determined that it would be inappropriate to support taking
money away from member cities as well as politically unpopular
legislatively. Finally, the LMC formula will distribute the
growth each year from the 2 cent sales tax growth attributable.
to the combined LGA, EQA, and DRA (i.e. 5% total growth would
equal .05 x $321 million or $16 million for new LGA, .05 x $189
or $9.5 million for city HACA, etc.)
The LMc Growth Furmula to dis�ribi,:te hew jGTF growth for U:A is
NEED X RELATIVE TAX BASE. NEED is based on a number of
factors contributing to city service delivery needs such as
percent of pre 1940 housing, population, population growth, age
of population, crime, tax capacity per capita, and median family
income (all factors contained in AMM policy criteria).
The NEED factor replicates spending patterns of groups of
cities for various factors but not spending in total. Thus, it
can no longer be argued that `the more you spend, the more you
get'. The relative tax base factor is an individual cities tax
base per capita comparison to twice the statewide average. As
one segment or area tax base grows, the average grows, and thus
twice the average becomes an upward moving target. Generally a
tax base equalization element in a distribution formula would
tend to work negatively for the metro area. However, because .
this does not equalize to the average but twice the average and
because past inequities may have favored outstate,'the formula
based on need x relative tax base favors the metro area. In
fact the formula chosen was the best in absolute terms of all
formulas tried by the LMC and the AMM computer contractor for
the Metropolitan cities.
The final element of the agreement is to attempt to sunset the
growth distribution formula for distribution after 1996 to force
all city groups and the legislature to review the results of the
growth formula in 1996 after three years operation to ensure
that it is in fact doing what was intended.
Distribution Note: This Alert has been mailed to Mayors,
Managers/Administrators, and AMM Legislative
Contacts.
-2-
elm h4V 20SZ
�;� ��: � _� i i -= ti�'i' _�i _•'ri�_�F'E:'.'IEId F'.
2-3
NNESOTA
RAMSEY
)REVIEW
OR41ANCE NO. 611
DCIIITY OF
TLL
AN ORDINANCE RELATING TO Ti[ILYMiY.�UOF HARASSING CONDUCT
The Shoreview City Council ordains that Chapter 1007 is hereby
added to the Shoreview Municipal Code to read as follows:
HARASSMENT. SECTION :.007
Section 1007.010. Harassin2Co-nduct Prohibited. A person who
commits harassment against another, after being notified not to do
so by the intended target of the harassment or by the City's Law
Enforcement Agency, is guilty of a misdemeanor. As used herein,
the term "harassment" means either a willful repeated course of
conduct consisting of acts, words or gestures which, the
perpetrator knows or reasonably should know, will alarm, anger or
di-,turb tho intended target: of the harassment; or willful repeated,
or unwanted acts, words or gestures which, the
perpe::_-Lttor know!; or -roasnnably should kT10W, will adversely affect
,.he safety, security or Privacy of the intended target of the
harasslilont.
Effect.ivc Date. This ordinance sha11 be effective the day
following its publicatior: or on the day following the publication
of an ordinance Summary approved by the City Council.
Adoption hate. Passed by the: City Council of the City of Shoreview
the 2nd day of November, 1992.
amu, Q
Jar�C�s C'r�a:l rers,- Mayor
�'lT'1' Z; :,T:
`v\
Dwight Johnson, City Manager
Publication Date. Published on the It h of November ^, 1992.
b\ord\SV0RD23.
1
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-500P0 �Uj 20'92
X-3
6093" CRIM NAL CODE 11108
Subd. 1 a. Criminal damage to property in the second degree. (a) Whoever intention-
ally causes damage described in subdivision 2, paragraph (a), because of the property
i owner's or another's actual or perceived race, color, religion, sex, sexual orientation,
disability as defined in section 363.01, age, or national origin is guilty of a felony and
' may be sentenced to imprisonment for not more than one year. and a day or to payment
of a fine of not more than $3,000, or both.
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggre-
gated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all
of the offenses aggregated under this paragraph.
Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
provided in subdivision la, whoever intentionally causes damage to another person's
physical property without the other person's consent may be sentenced to imprison-
ment for not more than one year or to payment of a fine of not more than $3,000, or
both, if the damage reduces the value of the property by more than $250 but not more
than $500 as measured by the cost of repair and replacement.
(b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual
9 or perceived race, color, religion, sex, sexual orientation, disability as defined in section
' 363.01, age, or national origin may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both, if the damage reduces
the value of the property by not more than $250.
(c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggre-
gated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all
of the offenses aggregated under this paragraph.
Subd. 3. Criminal damage to property in the fourth degree. Whoever intentionally
causes damage described in subdivision 2 under any other circumstances is guilty of
' a misdemeanor.
History: 1963 c 753 art 1 s 609.595; 1971 c 23 s 60; 1977 c 355 s 11; 1979 c 258 s
18, 1984 c 421 s 1; 1984 c 628 art 3 s 11; 1987 c 329 s 11; 1989 c 261 s 2-4
609.596 KILLING OR HARMING A POLICE DOG.
Subdivision 1. Felony. Whoever intentionally and without justification causes the
death of a police dog when the dog is involved in law enforcement investigation or
apprehension, or the dog is in the custody of or under the control of a peace officer, as
defined in section 626.84, subdivision 1, paragraph (c), is guilty of a felony and may
be sentenced to imprisonment for not more than two years or to payment of a fine of
not more than $4,000.
Subd. 2. Gross misdemeanor. Whoever intentionally and without justification
causes substantial or great bodily harm to a police dog when the dog is involved in law
enforcement investigation or apprehension, or the dog is in the custody of or under the
control of a peace officer, is guilty of a gross misdemeanor.
History: 1987 c 167 s I
I
609.60 [Repealed, 1989 c 5 s 18]
609.605 TRESPASS.
Subdivision 1. Misdemeanor. (a) The following terms have the meanings given
them for purposes of this section.
(i) "Premises" means real property and any appurtenant building or structure.
CIM Nov 20'92
609.611 DEFRAUDING INSURER
Whoever with intent to injure or defraud an insurer, damages, removes, or con-
ceals any property real or personal, whether the actor's own or that of another, which
is at the time insured by any person, firm, or corporation against loss or damage; i
(a) May be sentenced to imprisonment for not more than three years or to pay-
ment of fine of not more than $5,000, or both if the value insured for is less than
$20,000; or
(b) May be sentenced to imprisonment for not more than five years or to payment
of fine of not more than $10,000, or both if the value insured for is $20,000 or greater,
(c) Proof that the actor recovered or attempted to recover on a policy of insurance
by reason of the fire is relevant but not essential to establish the actor's intent to defraud
the insurer.
History: 1976 c 124 s 8, 1984 c 628 art 3 s 11; 1986 c 444, 1987 c 217 s 2
CIM N0q2092
CBD1@UL CODE 609.611
11(09
i
(ii) "Dwelling" means the building or art o a u}i di by an individual as
a place of residence on either a full-time or a pa - me 1sA dwelling may be part
",'
of a multidwelling or multipurpose buildini- olj a a home as defined in sec-
', •,
tion 168.011, subdivision 8.
--71 (b) A person is guilty of a misdemeanor' i!Vtionally:
i
(1) permits domestic animals or fowls under on the land
of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erect or marked to
;!
desi to a point of a boundary, line or a political subdivision, or of a tract of land;
f
(trespasses on the premises of another and, without claim of right, refuses to
dep11 from the premises on demand of the lawful possessor,
(4),,occupies or enters the dwelling of another, without claim of right or consent
;
Of a owner or the consent of one who has the right to give consent, except in an emer-
gency situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees,
i
or vegetables growing on the premises, without the permission of the owner or occu-
-•
i
pant;
(6) enters or is found on the premises of a public or private cemetery without
a nation during hours the cemetery is posted as closed to the public; or
_5R11 QJVreturns to the property of another with the intent to harass, abuse, or threaten
another, after being told to leave the property and not to return, if the actor is without
claim of right to the property or consent of one with authority to consent.
Subd. 2. Gross misdemeanor. Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered women, as defined under section
611A.31, subdivision 3, or of a facility providing transitional housing for battered
women and their children, without claim of right or consent of one who has right to
give consent, and refuses to depart from the grounds of the facility on demand of one
who has right to give consent, is guilty of a gross misdemeanor.
Subd. 3. Trespasses motivated by bias. Whoever commits an act described in sub-
division 1, clause (7), becausg of the property owner's or another's actual or perceived
disability as defined in section 363.01, age,
race, color, religion, sex, sexual orientation,
or national origin may be sentenced to imprisonment for not more than one year or
_ to payment of a fine of not more than $3,000, or both.
History: 1963 c 753 art I s 609.605, 1971 c 23 s 62; 1973 c 123 art 5 s 7; 1976 c 251
s 1; 1978 c 512 s 1; 1981 c 365 s 9, 1982 c 408 s 2, 1985 c 159 s 2, 1986 c 444; 1987 c
307 s 3; 1989 c 5 s 9, 1989 c 261 s 5, 1990 c 426 art 1 s 54
609.61 [Repealed, 1976 c 124 s 101
609.611 DEFRAUDING INSURER
Whoever with intent to injure or defraud an insurer, damages, removes, or con-
ceals any property real or personal, whether the actor's own or that of another, which
is at the time insured by any person, firm, or corporation against loss or damage; i
(a) May be sentenced to imprisonment for not more than three years or to pay-
ment of fine of not more than $5,000, or both if the value insured for is less than
$20,000; or
(b) May be sentenced to imprisonment for not more than five years or to payment
of fine of not more than $10,000, or both if the value insured for is $20,000 or greater,
(c) Proof that the actor recovered or attempted to recover on a policy of insurance
by reason of the fire is relevant but not essential to establish the actor's intent to defraud
the insurer.
History: 1976 c 124 s 8, 1984 c 628 art 3 s 11; 1986 c 444, 1987 c 217 s 2
CIM N0q2092
FE
1-3
609.74 CRRWNAL CODE 11122
609.74 PUBLIC NUISANCE.
Whoever by an act or failure to perform a legal duty intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor.
(1) Maintains or permits a condition which unreasonably annoys, injures or
endangers the safety, health, morals, comfort, or repose of any considerable number of
members of the public; or
(2) Interferes with, obstructs, or renders dangerous for passage, any public high-
way or right-of-way, or waters used by the public; or
(3) Is guilty of any other act or omission declared by law to be a public nuisance
and for which no sentence is specifically provided.
History: 1963 c 753 art 1 s 609.74, 1971 c 23 s 74; 1986 c 444
If609.745 PERMITTING PUBLIC NUISANCE.
Whoever having control of real property permits it to be used to maintain a public
nuisance or lets the same knowing it will be so used is guilty of a misdemeanor.
History: 1963 c 753 art 1 s 609.745; 1971 c 23 s 75; 1986 c 444
609.746 INTERFERENCE WITH PRIVACY.
Subdivision 1. Surreptitious intrusion. A person who enters upon another's prop-
erty and surreptitiously gazes, stares, or peeps in the window of a house or place of
dwelling of another with intent to intrude upon or interfere with the privacy of a mem-
ber of the household is guilty of a misdemeanor.
+
Subd. 2. Intrusion on privacy. A person who, with the intent to harass, abuse, or
threaten another, repeatedly follows or pursues another, after being told not to do so
by the person being followed or pursued, is guilty of a misdemeanor.
Subd. 3. Intrusion on privacy; aggravated violation. Whoever commits an act
described in subdivision 2 because of the victim's or another's actual or perceived race,
color, religion, sex, sexual orientation, disability as defined in section 363.01, age, or
national origin, may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.
i
History: 1979 c 258 s 19; 1987 c 307 s 4; 1989 c 261 s 6
t r
609.747 HARASSMENT; ENHANCED PENALTIES.
Subdivision 1. Multiple acts of harassment. It is a gross misdemeanor for a person
j
to commit more than one act of harassment in violation of section 609.605, subdivision
I:
1, paragraph (b), clause (7), against the same individual within six consecutive months.
As used in this subdivision, "individual" means a natural person.
Subd. 2. Harassment following assault or terroristic threat (a) It is a gross misde-
meanor for a person who has been convicted of assault or terroristic threat to commit
harassment:
(1) against the same victim, within five consecutive years after the conviction; or
(2) against any victim, within two consecutive years after the conviction.
(b) In this subdivision:
(1) "assault" means a violation of section 609.221, 609.222, 609.223, 609.223 1,
or 609.224;
(2) "harassment" means a violation of section 609.605, subdivision 1, paragraph
(b), clause (7); 609.746, subdivision 2; 609.79, subdivision 1, clause (l)(b); or 609.795,
' K
subdivision 1, clause (3); and
(3) "terroristic threat" means a violation of section 609.713, subdivision 1 or 3.
i"
History: 1990 c 461 s 4
w
609.748 HARASSMENT, RESTRAINING ORDER.
'
Subdivision 1. Definition. As used in this section, "harassment" means repeated,
I, • w
GIM Nov 20'92
11123
intrusive, or unwanted acts, words, or gestures that] arc fi
safety, security, or privacy of another, regardless of t_ e -i
and to intended target. I1[~
Subd. 2. Restraining order, jurisdiction. A person v
may seek a restraining order from to district court ul,
tion. The parent or guardian of a minor who is a vl
restraining order from the juvenile court on behalf of tl
Subd. 3. Contents of petition. A petition for relief
show to following:
CRIMMAL CODE 609.748
adversely affect the
D between to actor
victim of harassment
W�r,�evided in this sec-
thWinent may seek a
to
(1) to name of the alleged harassment victim;
(2) to name of the respondent; and
(3) that to respondent has engaged in harassment.
The petition shall be accompanied by an affidavit made under oat stating to specific
facts and circumstances from which relief is sought. The court shall provide simplified
forms and clerical assistance to help with to writing and filing of a petition under this
section.
Subd. 4. Temporary restraining order. (a) The court may issue a temporary
restraining order ordering the respondent to cease or avoid the harassment of another
person or to have no contact with that person if to petitioner files a petition in compli-
ance with subdivision 3 and if the court finds reasonable grounds to believe that to
respondent has engaged in harassment.
(b) Notice need not be given to the respondent before to court issues a temporary
restraining order under this subdivision. A temporary restraining order may be entered
only against the respondent named in the petition.
(c) The temporary restraining order is in effect until a hearing is held on to issu-
ance of a restraining order under subdivision 5. The court shall hold to hearing on to
issuance of a restraining order within seven days after the temporary restraining order
is issued unless (1) the time period is extended upon written consent of to parties; or
(2) to time period is extended by the court for one additional seven-day period upon
a showing that the respondent has not been served with a copy of to temporary
restraining order despite the exercise of due diligence.
Subd. 5. Restraining order. (a) The court may grant a restraining order ordering
the respondent to cease or avoid to harassment of another person or to have no contact
with that person if all of the following occur.
(1) the petitioner has filed a petition under subdivision 3;
(2) to sheriff has served respondent with a copy of to temporary restraining
order obtained under subdivision 4, and with notice of to time and place of to hear-
ing, or service has been made by publication under paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that
the respondent has engaged in harassment.
A restraining order may be issued only against to respondent named in the petition.
Relief granted by the restraining order must be for a fixed period of not more than two
years.
(b) The order may be served on to respondent by means of a one-week published
notice under section 645.11, if:
(1) to petitioner files an affidavit with to court stating that an attempt at personal
service made by a sheriff was unsuccessful because to respondent is avoiding service
by concealment or otherwise; and
(2) a copy of the order is mailed to to respondent at to respondent's residence
or the respondent is not known to the petitioner.
Service under this paragraph is complete seven days after publication.
Subd. 6. Violation of restraining order. (a) When a temporary restraining order or
restraining order is granted under this section and to respondent knows of to order,
vidtation of the order is a misdemeanor.
T-3
CIM a 20,92
Z_3
11124
I; 609.748 CRomAL CODE
V
ii (b) A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order issued under
! subdivision 4 or 5 if the existence of the order can be verified by the officer.
Subd. 7. Copy to law enforcement agency. An order granted under this section shall
! ,I be forwarded by the court administrator within 24 hours to the local law enforcement
agency with jurisdiction over the residence of the applicant. Each appropriate law
t ' enforcement agency shall make available to other law enforcement officers through a
! system for verification, information as to the existence and status of any order issued
under this section.
' Subd. 8. Notice. An order granted under this section must contain a conspicuous
notice to the respondent.
j ! (1) of the specific conduct that will constitute a violation of the order,
(2) that violation of an order is a misdemeanor punishable by imprisonment for
up to 90 days or a fine of up to $700 or both; and
(3) that a peace officer must arrest without warrant and take into custody a person
if the peace officer has probable cause to believe the person has violated a restraining
order.
History: 1990 c 461 s 5
GAMBLING
609.75 G LING; DEFINITIONS.
Subdivisio 1. Lottery. (a) A lottery is a plan which
of money, prope or other reward or benefit to pers
anticipants me or all of whom have given a
s for the distribution
selected by chance from
leration for the chance of
among p
being selected.
(b) An in -package c ce promotion is not if all of the following are met.
ation is av ' able. free and witrchase of the package, from the
()P 1 p
retailer or by mail or toll-free ele
piece;
(2) the label of the promotio
any method of participation and
(3) the sponsor on request pi
pieces adequate to Perfree p
ers; /
(4) the sponsor does
(5) the sponsor rand
dour distribution for at
(6) all prizes are n
to the sponsor for entry or for a game
[cage and any related advertising clearly states
keduled termination date of the promotion;
a retailer with a supply of entry forms or game
.pn in the promotion by the retailer's custom-
isrepresent ar[1
distributes ON
one year after the I
dy awarded if game
pant's chances of winning any prize;
pieces and maintains records of ran -
nation date of the promotion;
C's are not used in the promotion;
and a record of the names and
(7) the spon provides on request of a state ag cy
addresses of all ers of prizes valued at $100 or mor if the request is made within
one year after a termination date of the promotion.
(c) Ex t as provided by section 349.40, acts in this s to in furtherance of a lot-
' tery Gond ed outside of this state are included notwithstan ' g its validity where con-
+ ducted.
(d The distribution of property, or other reward or benefit y an employer to per-
:� I sons lected by chance from among participants who have ade a contribution
gh a payroll or pension deduction campaign to a registered mbined charitable
o tion, within the meaning of section 309.501, as a precondt on to the chance
' being selected, is not a lottery if.
fi
(1) all of the persons eligible to be selected are employed by or tirees of the
employer,
I�
CIM NW 20'
IT
c1
o*
e:
a
Ll
O � � OUTH
APPLIC1017-1—IF APPOINTMENT
TO BO 7 :WCOMMSSION
CITY OF
Return Application to:P� ¢ 1py order which of the following
City of Plymouth r } e y m (1, 2, 3, etc.):
3400 Plymouth Blvd. Planning Commission
Plymouth, MN 55447 Board of Zoning Adjustments/Appeals
Park & Recreation Advisory Commission
Housing & Redevelopment Authority
Financial Advisory Committee
Human Service Council
Mediation Board
Water Quality Committee
Cable TV Community Access Board
Transit Advisory Committee
Other
Name: Home Phone:
Home Address: Zip Code:
Lived in Plymouth Since:
Property Owned in Plymouth (other than residence):
Present Employer: Work Phone:
Position Title:
Education
Course Work Taken Beyond High School
Institution To/From Degree/Credits Area of Emphasis
cam NW 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Z- y
Civic Experience
List other civic experience you have had including name of organization, dates of
participation, name of city, and position held:
What do you believe you could contribute to the community if appointed to a City
Board or Commission?
How do you believe you would benefit if appointed to a Board or Commission?
As a Board or Commission member, what issue(s) might cause conflict between civic
responsibility and personal/professional interests?
I am available for Board/Commission meetings on the following evenings (circle):
Mon. 'Hies. Wed. Thurs. Fri.
Signed: Date:
You may attach a resume if you desire. The selection process will vary according to
the number of applicants and vacancies, and may not include interviews with all
candidates. Thank you for your interest in serving on a Board or Commission!
CIM NOV 20'92
1. Dan Witkowski, 405 Cottonwood Lard
Trail from two lots'in the Woodpointe
subdivision relied on inaccurate mforn
z- 5.
.11992
concerns about access to Sunset
that residents of the
had easements to allow
driveway access to the two lots from the beginning of the development. He stated there
was a lack of due process with respect to the Council's recent amendment to the
Development Contract which allowed access to Sunset Trail for Lot 14. Adjoining
property owners were not notified in the same manner they had been when the
Preliminary Plat was processed in 1988.
Mr. Witkowski stated that residents are very concerned with the safety considerations
that surround direct access from Lot 14 to Sunset Trail. He presented nearly 50
petitions objecting to the Sunset Trail access for the two lots, as well as police reports
for the area, and asked the Council to place reconsideration of the access to Lot 14 on a
future City Council agenda so that residents can voice their concerns.
In response to questions from the Council, Community Development Director Dillerud
stated that the Council could reconsider the Development Contract amendment
regarding access to Sunset Trail for Lot 14 that they recently approved. He stated there
is a building permit application pending for Lot 14 and requested Council direction on
whether or not to proceed with issuance of the permit.
Councilmember Vasiliou suggested that the Council reconsider the issue at the next
meeting. She requested that Mr. Witkowski forward all information to staff so it can
be provided to Councilmembers prior to the meeting.
The Council directed that the item be placed on the November 30 Council agenda.
2. Jeff Wylie, 5935 Oakview Lane North, expressed concerns relating to the new
boulevard abutting his property constructed with the Northwest Blvd. (County Road 61)
project. He stated that the new boulevard is now 35 feet from the corner of his home
on the garage side and about 42 feet from the northwest corner of the home. He has
been unsuccessful in obtaining from Hennepin County a berm or fencing to run west to
east along the boulevard line. He asked if the City could assist him in getting his
requests to the County granted.
Public Works Moore stated that the new roadway and trail will be about five feet below
Mr. Wylie's property elevation. He stated that installation of a berm in the rear yard
would create a drainage problem. Water would be trapped near the home and could
not drain to the street. He stated that a fence or plantings may be effective in
establishing a buffer to the roadway.
GIM NQV 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
elf
Mayor Bergman stated there are similar situations around Plymouth. Recently, the
Council denied similar requests for a berm or landscaping for an area northerly on the
Northwest Blvd. project.
The Council requested that Public Works Director Moore visit the site, meet with Mr.
Wylie, and report to the Council on available alternatives.
3. Peter Perrine stated that his neighbor recently found a blackened cross in his yard. He
presented a copy of a pledge signed by area neighbors confirming their resolve to
report to the police persons who threaten neighbors, families, or property.
Public Safety Director Gerdes stated that the police department appreciates the
assistance and commitment of the neighbors. He stated the case is under investigation.
This neighborhood will be ideal for inclusion in intensified Neighborhood Watch
efforts next spring.
4. Tim Farrara, a local real estate agent, addressed the Council with respect to the City's
inspections program. Mr. Farrara explained a recent situation involving a property he
was representing at 4510 Glacier Lane. He stated the Building Division staff was
uncooperative and refused to inspect the property, even though a complaint was made
to the City regarding the porch construction. Mr. Farrara stated he asked the staff for
the inspection records on the property and was informed he would need to research the
information himself. He did and discovered that the structure's porch and chimney
were never inspected. He stated the City Building Official indicated that if work is
done and completed without a permit, the City does not conduct an inspection. Mr.
Farrara stated the situation on 4510 Glacier Lane was resolved through the efforts of
Acting Manager Frank Boyles; however, he is concerned that this policy could place
the City at legal risk for failing to act when notified of construction completed without
a permit.
Acting Manager Boyles stated the Council is working on inspection issues. In 1993 a
rental inspection program is proposed, and the Council has tentatively planned a point-
of-sale inspection program for 1994. He stated that the City may currently lack a legal
basis to do point -of. -sale inspections, as well as adequate personnel to expand the
inspections program. Other concerns to be addressed when inspecting work that was
completed without a permit is that some of the work may have to be dismantled in
order to do a proper inspection and determining who did the work.
Councilmember Vasiliou stated there are areas for improvement in the inspections
program. She noted a situation where 143 decks were constructed in a subdivision
without permits or inspections. It was later realized that the decks were not constructed
on individual private properties, and amendments to the association agreement had to
be made.
elm %UV 20'92
Acting Manager Boyles stated
keep Mr. Farrara informed of
programs.
the city attorney on legal issues and
is in the area of the inspection
CITY OF
PUMOUTR
cu �o! 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
ii
Minutes of the Park and Recreation Advisory Commission Meeting
November 12, 1992
Page 45
Present: Chair Anderson, Commissioners Johnson, Wahl, Waage,
Gutzke; staff Bisek, Blank, Busch and Pederson;
Councilman Edson
Absent: Commissioners Watson and Burk
1. CALL TO ORDER
Chair Anderson called the November meeting to order at 7
p.m. in the Council Chambers.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Gutzke and seconded by
Commissioner Wahl to approve the minutes of the September
meeting as presented. The motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present.
b.tS aff. Mary stated that staff is busy working on
programs for January, February and March, which will be
in the January issue of Plymouth News. If commissioners
have any ideas for programs, Mary will need that
information by November 23.
Several programs are currently being conducted at the new
Bass Lake playfield shelter building. Participants seem
to be pleased that we are offering activities at this
location.
Special events to look forward to include Old Fashioned
Christmas on Sunday, December 6, cosponsored by the
Plymouth Historical Society, and the Fire and Ice
Festival on Saturday, February 6, cosponsored by the
Plymouth Civic League. As in past years, Mary asked the
Commissioners for their assistance with the bonfire and
s'mores during Fire and Ice. She stated that the theme
being considered for the 1993 Fire and Ice Festival is
country -western. Fire and Ice bandanas may be sold as a
fundraiser. A country western deejay may be asked to MC,
and line dancing on the ice during the time before the
fireworks starts is being considered.
A couple of new programs being researched for the summer
of 1993 include a safety camp offered for 3rd and 4th
graders and an art fair at Parkers Lake in September.
The safety camp would be instructed by members of our
police department and would cover things such as
animal/pet safety, bicycle safety, etc. The art fair
would feature local artists and would offer children an
opportunity for hands-on art activities during the fair.
city NQ1120'W.
PRAC Minutes/November
Page 46
4. REPORT ON PAST
a. The ComprehensiVd
Council and forward
the plan will be
distribution once Mi
5. UNFINISHED BUSINESS
1 -Sb
Plan amendment was approved by
the Metro Council. New maps of
&Mavailable for public
roval is granted.
a. Volunteer coordinator report from subcommittee. A report
prepared by the subcommittee was reviewed by PRAC and
will be forwarded to the City Council. The report lists
other municipalities/agencies that have volunteer
coordinators, the possible pro's and con's, the savings
that are possible, and the costs -associated with hiring a
volunteer coordinator. Director Blank stated that at a
recent Council meeting, he learned that $15,000 has been
proposed in the 193 budget for such a position.
Councilman Edson stated it was his general opinion that
the Council is favorable toward the hiring of a volunteer
coordinator. He further indicated it is the Council's
desire that the Park Commission be the body to redefine
the job description, although this individual may not
necessarily report to the Park and Recreation Department.
A MOTION WAS MADE BY COMMISSIONER WAAGE AND SECONDED BY
COMMISSIONER WAHL RECOMMENDING THAT THE COUNCIL REVIEW
THE INFORMATION PREPARED BY THE SUBCOMMITTEE PERTAINING
TO THE HIRING OF A VOLUNTEER COORDINATOR. The motion
carried with all ayes.
b. Park development projects update. The three neighborhood
parks have been satisfactorily completed and were
officially "opened" with the grand opening celebration
conducted at South Shore Park on October 3. The two new
community playfields are being readied for winter by
having their irrigation systems blown out. These two
projects are basically complete, although a punch list is
still being reviewed. The recreation staff is starting
to work on grand opening plans for next spring. The
trail along West Medicine Lake Drive being done by city
crews is mostly complete. A feasibility study is being
done by Strgar-Roscoe-Fausch for the trail along
Ridgemount Avenue. If the City decides to proceed with
building a trail on Ridgemount, there is a possibility
that Minnetonka will get involved in the project.
C. Focus groups and surveys report from subcommittee.
Commissioner Johnson, chair of the subcommittee on focus
groups and surveys, whose members also include
Commissioners Burk, Anderson, Director Blank and
Councilman Edson, stated that the committee had recently
met with representatives from two firms that conduct
surveys. One of the firms is from the University of
ciM 0 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
PRAC Minutes/November 1992
Page 47
z- S6
Minnesota, and the other is a private firm based in
Edina. Both agencies recommended that a survey shouldn't
be conducted by including a questionnaire in water bills
or in the city newsletter. They indicated that the
responses may not be scientifically quantifiable. If you
conduct a survey supervised by a professional agency, you
could expect to get back about 400 good responses.
Following that process, focus groups, comprised of
Plymouth residents, would form to discuss any needs that
surfaced as a result of the survey, such as the need for
a swimming pool, ice arena, golf course, etc. It was
also stated by the two agency representatives that the
next couple of months is not a good time to do a survey,
because of the holidays. The subcommittee will meet
again on Thursday, December 3, at 4 p.m., to begin
working on a Request -for Proposal to submit to the City
Council. If the survey process is approved by the
Council, the cost could be paid for with park dedication
funds. It is estimated that a survey would cost
approximately $10,000.
d. Acquisition of Ess property at County Road 9 and
Fernbrook Lane. The process to acquire this property
began several months ago, stated Director Blank, when
Larry Liles made a presentation to PRAC, requesting that
they recommend the purchase of 24 acres of land located
northeast of County Road 9 and Fernbrook Lane. At that
time, the owner wanted $10,000 per acre. Because this is
one of the last heavily wooded sites existing in
Plymouth, it was the general consensus of PRAC that this
land should be considered for acquisition, thus they
recommended that the City negotiate with the owner for
the purchase of the property. A city secured appraisal
of the property set the value of the land at $206,000,
and subsequent negotiations resulted in an agreed upon
price of $198,000 spread over three years at 8% interest.
Director Blank also stated that the nationally recognized
"Kids for Saving Earth," based in Plymouth, has indicated
an interest in adopting this site as a project for their
organization. They would be involved in the design,
building and maintenance of the park, as well as maybe
doing some fund raising for the park. Funding for this
acquisition would come from park dedication funds. This
project is currently shown in the approved 1992 capital
improvements program at an estimated cost. of $250,000.
Councilman Edson asked if park dedication funds were
adequate to buy property all at once, rather than spread
it out over three years. Director Blank stated that the
terms of the purchase agreement were a condition of the
seller.
A MOTION WAS MADE BY COMMISSIONER WAHL AND SECONDED BY
COMMISSIONER GUTZKE TO RECOMMEND THAT THE CITY COUNCIL
AUTHORIZE THE ACQUISITION OF THE ESS PROPERTY LOCATED AT
THE NORTHEAST CORNER OF FERNBROOK LANE AND COUNTY ROAD 9.
The motion carried with all ayes.
CIM 0 20'92
z-sb
PRAC Minutes/November 19
Page 48
6. NEW BUSINESS ,
a Adult usage of'I s ace. Rick Busch, Recreation
Supervisor, has brC� 'ng our use of gym space in
both Districts 281 r the past three years,
we have lost 33% in aWd Mf available gym space to
youth basketball and youth soccer programs. It has
always been the policy of the Wayzata School District
that first priority for gym space goes to district
sponsored programs for youth in grades K-12, followed by
youth athletic associations, with. Plymouth Park and
Recreation sponsored programs for adults being considered
4th priority. According to Rick, we have lost most of
our space in Wayzata schools. We are now down to one
night a week at Wayzata East Junior High for adult
volleyball. In Robbinsdale schools, the situation is
better, because Robbinsdale Community Education permits
us to assign the gym space. There we use Plymouth Middle
School, on Monday, Wednesday, Thursday and Friday nights,
and Armstrong High School on Wednesdays. However, Rick
is often asked by youth basketball groups if they can
have our space at Plymouth Middle School, despite the
fact that they have unlimited use of elementary schools
in both Plymouth and New Hope. Commissioner Waage asked
if staff had looked into using Osseo schools. Both Mary
and Rick stated they have talked to Osseo Community
Education but have not had much satisfaction. Mary
learned that space could be made available on a very
limited basis, such as one classroom, but that rent would
be charged. Gym space was almost out of the question.
Commissioner Waage offered to speak to the director of
Osseo Community Education to see if something could be
arranged. When asked if private schools had been
considered, Mary stated that they charge anywhere from
$25 to $35 per hour per use.
Another frustration is the fact that youth groups do not
have to make efficient use of the space they are given.
An example of this, as illustrated by Rick, is that youth
basketball may have only 25-30 kids a night using the
gym, playing only one game. When we schedule an adult
league, we put 70-80 adults in that same gym, playing
three or four games in the same amount of time. Director
Blank stated that as a possible compromise, we are
considering scheduling adult activities to immediately
follow youth activities, with the* adults then playing
until 11 p.m., or perhaps trying to schedule some leagues
on Saturdays and Sundays. Some of these scheduling
difficulties may be alleviated in the Wayzata School
District, because they may build a new junior or senior
high school in the near future. However, the Osseo and
Robbinsdale schools will not be adding any new
facilities.
CSM Nov 20'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
'jam c
PRAC Minutes/November 1992 +� J 6
Page 49
Commissioner Johnson suggested that some sort of adult
lobbying group may need to form. - He recommended that
this issue be included in the resident survey.
Councilman Edson stated that if Wayzata builds a new
facility, we should negotiate with them for use of indoor
space, in exchange for maintenance of their outdoor
fields.
Rick stated that demand for our outdoor facilities is
also increasing. The New Hope/Plymouth Athletic
Association has indicated a desire to use the four
softball fields at Zachary Playfield on a Monday through
Friday basis, beginning next summer, which would put an
end to our adult softball league. Rick has decided to
turn over to NHPAA the softball fields at Plymouth Creek
instead, because this site is physically located in
School District 281. Wayzata youth baseball has used
these fields in the past, but they will be shifted over
to the new Parkers Lake fields next summer. The opening
of the Bass Lake site will also take some of the pressure
off the demand for Zachary.
Chair Anderson suggested that this issue be placed on the
Commission's January agenda, because it warrants further
discussion.,
Rick announced that the September, October and November
employees of the month were softball umpires Dave Kresa,
Mike Sankey and Ron Mielke.
7. COMMISSION PRESENTATION
Chair Anderson congratulated Director Blank on his selection
as the recipient of the Minnesota Recreation and Park
Association's Distinguished Service Award. This award is
the highest honor that the Association bestows on its
members for long and outstanding service in the field of
park and recreation.
8. STAFF COMMUNICATION
Director Blank indicated that Julie Quarve-Peterson has been
touring our park facilities to determine what things may
need to be done in order to make them handicapped
accessible. She is under contract to do this for all City
buildings. On a volunteer basis, she has stated her
willingness to help with the design of a handicapped
accessible playground at Plymouth Creek Park.
Commissioner Johnson suggested starting a "volunteer of the
month" club, based on the impressive volunteerism apparent
in Plymouth.
9. ADJOURNMENT
The meeting adjourned at 8:25 p.m. The next meeting is
December 10.
Gig° KUV 20'92
4630 Terraceview Lane
Plymouth, MN 55446
November 13, 1992
Mr. Rick Busch
Plymouth Parks and Recreation
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Rick:
Sankey
)C'
PUMOUTR
Z 7A
Residence (612) 559-4326
Business (612) 559-7685
I wish to take this time to thank you for your selecting me as the part time employee of
the month for September. After working hard all summer, hearing all the teams going
through good times and bad, it is truly rewarding to receive recognition for my work.
I thoroughly enjoy working as an umpire in your softball program. It is my desire to
continue on as long as you wish me to be involved. I also enjoy volunteering to assist
the Parks and Recreation Department at the various activities throughout the year. You
can count on my continued support.
Hopefully winter will quickly pass and we can once again go outside and play softball
again. You can't believe how I count days until April when we can start anew. Again,
thank you for the recognition. I truly appreciate being involved in the quality programs
put on by Plymouth Parks and Recreation.
Sincerely,
C�
/lk�
Mike Sankey
ric Blank
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-500(CIV, NOV 20'92
November 17, 1992
Christ Memorial Church CITY OF
13501 Sunset Trail PLYMOUTR
Plymouth, MN 55447
Vision of Glory Lutheran Church
13200 State Highway 55
Plymouth, MN 55447
Peace Lutheran Church
3695 State Highway 101
Plymouth, MN 55447
Dear Pastors and Congregation Presidents:
A big THANKS to each of you for your willingness to open your facilities as a polling
location for the Presidential Primary, State Primary, and Presidential General Elections
in 1992 without charge to the City.
I recognize .there are costs involved, including utilities and clean-up, when hundreds of
voters visit your facility in one day, but your civic contribution is certainly appreciated.
Many voters make it clear to me that they don't appreciate the lack of space, lack of
privacy, and lack of parking when their polling place is a school or government
building; they prefer a church. However, some churches charge fees that arebecoming
prohibitive for the City to pay each election.
As a token "Thank You", the enclosed ad appeared in the November Plymouth News.
I have received a number of calls - all of them positive - that your church allows the
use of your facilities for voting at no fee.
Again, thank you for your considerate help before; during, and after election day!
Sincerely,
Laurie Rauenhorst
City Clerk
Enc.
cim WN 20,92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Orthodontics...
Mr. Ronald J. Weber
November 12, 1992
Page Two
PCITVF
While these items are of conce�t e� ose of the Stop Sign
Policy is to provide the petition s a u i e with the City Council
to consider their stop sign request. I understand and acknowledge the
intent of your petitions and will forward to the City Council for their
consideration if the 701 requirement is met.
If you have any questions, please contact me.
Sincerely,
Daniel L. Faulkner, P.E.
City Engineer
DLF:kh
enclosures
cc: Fred G. Moore, Director of Public Works
0
The Plmouth Gide hea e
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
November 10, 1992
Mr. Frank Boyles
City of Plymouth
3400 Plymouth Blvd
Plymouth, Minnesota 55447
Dear Mr. Boyles:
On behalf of the Plymouth Civic League I want to thank you for your
generous contribution to the 20th anniversary Music in Plymouth
program.
Our Board has already begun planning for the 21st annual concert
and is committed to making that concert the very best ever. Our
new amphitheater is larger than the old one and will be in perfect
condition next year for an all-time record crowd.
It is because of the generosity of people like you that the Civic
League has been able to present the Minnesota Orchestra for 20
years. We are grateful for your donation this year and trust we
can count on you again in 1993 for what will be the most gala
concert yet.
Again, our sincere thanks.
Sincerely,
*eslemens
Finance Chair t�-
Giro to 20 W
I-1 P.
November 16, 1992
I �—
Ken Schultz
2700 Fountain Lane
Plymouth, MN 55447
Dear Mr. Schultz:
I have received your letter dated November 11 expressing frustration about Plymouth
recreational facilities. I believe the City has taken significant steps to improve recreational
facilities in response to various baseball associations throughout Plymouth.
Two years ago, the City undertook the constriction of six fields, two at Zachary Elementary
School, two fields at Wayzata East Junior High, and two at the West Medicine Lake
Community Club.
This past summer, an irrigation system was installed on the two baseball fields at Wayzata East
Junior High.
Leroy Houdeshell and Mary Norton, of the Wayzata Youth Baseball organization, were very
instrumental in lobbying with both Park and Recreation Advisory Commission and City
Council for the construction of the Parkers Lake and Bass Lake playfields. These facilities
represent a combined community playfield investment of over $3,000,000. Together they will
add five new baseballlsoftball fields to the City's park system. The cost to Plymouth
taxpayers to operate playfield facilities is ongoing and substantial. For example, the cost for
Parkers Lake and Bass Lake facilities in 1993 is estimated to be approximately $110,000.
These actions demonstrate Plymouth's continuing effort to provide playfields to meet the needs
of our growing community. I would be glad to chat with you further if you desire. My phone
number is 550-5013.
FB:keb
cera NN 2O,*
3400 PLYMOUTH BOULEVARD, PLYMOUTM, MINN�§@TA §§447, T9L€RIS@NP (619) MHO
November 13, 1992
Fern & Al Dorich
5325 Orleans Lane, Unit 8
Plymouth, MN 55442
SUBJECT: YOUR OCTOBER 23 LETTER
Dear Mr. and Ms. Dorich:
CIN OF
PLYMOUTFF
As you were previously informed by Frank Boyles, Acting City Manager, I am
responding to the comment you made in your October 23 letter concerning
traffic at two intersections in the area where you live. The two
intersections were 54th Avenue/Highway 169 frontage road and Schmidt Lake
Road/Highway 169 frontage road.
At the 54th Avenue/Highway 169 frontage road the stop signs have been
established for future traffic conditions. Currently Nathan Lane dead -ends
at the north line of the Cardinal Ridge Development where you live. When
the vacant property north of Cardinal Ridge develops, Nathan Lane will be
extended and connect to the existing portion of Nathan Lane by the Super
America Store. The intersection of 54th Avenue/frontage road was designed
to require southbound traffic on the frontage road to stop before entering
this intersection.
I would agree that the turning radius at the intersection of Schmidt Lake
Road/Highway 169 frontage road is very tight. This intersection was
constructed years ago by Hennepin County when County Road 18 (now Highway
169) was made into a four lane freeway. Because of the minimum distance
between this intersection and the ramps exiting Highway 169 and the steep
slopes along the existing roadway it will be very difficult to provide a
larger turning radius. The City will monitor the situation and if possible
when we have a project doing other reconstruction work in this area, we will
make a larger turning radius for trucks.
I wish to thank you for your inquiry and calling these intersections to our
attention. If you have any additional questions, please do not hesitate to
contact me (550-5080).
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
cc: Frank Boyles, Acting City Manager
co %(N 20,92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
November 18, 1992
Fern and Al Dorich
5325 Orleans Lane, #8
Plymouth, MN 55442
Dear Mr. and Mrs. Dorich:
Mayor Bergman has asked me to respond to your letter dated
October 23 regarding trails and sidewalks in the Cardinal Ridge
area. As you may recall, I wrote to you about this subject on
September 6,. 1990. Although we have not completed all the areas
that you illustrated on your map, we have most recently finished
trails on 51st Avenue, Nathan Lane and Schmidt Lake Road. As I
indicated in my earlier letter to you, we intend to also
construct trails that will lead to the north toward Super
America, and out to the west through the park area, into the
residential area near Zachary Lane. As with most matters,
funding is a concern. Both sidewalks and trails are costly
ventures, and need to be allocated on a priority basis throughout
the City's 36 square miles.
You may not be, aware that at this time, there are no plans for
Larch Lane to cross the railroad tracks. We do, however,
anticipate a pedestrian crossing of the tracks from the park area
approximately 500 feet west of Larch Lane.
The other area that you've shown on 45th Avenue, in the
approximate location of the new post office, is one which we will
have to evaluate further for consideration of sidewalk. As this
largely undeveloped area fills in with commercial or retail
businesses, it's quite possible that sidewalks will be necessary.
I thank you for your continued interest in this matter and your
willingness to write and let the Council and staff know of your
concerns. I have forwarded a copy of your letter to the Park and
Recreation Advisory Commission. If I can be of any further help
to you on this matter, please call me at 550-5131.
Sincerely,
Eric J. Blank
Director of Parks and Recreation
EJB/nn
cc : ayor'"ana -,p u 7
Park Commission
3400 PLYMOUTH BOULEVARD, PI0MMMM
GINr, 0 2C'92
November 13, 1992
Mr. Steve Chase
11901 23rd Ave. N.
Plymouth, MN 55441
-b
CIN OF
PLYMOUTF+
SUBJECT: YOUR SEPTEMBER 30, 1992 LETTER
Dear Steve:
I am responding to your letter concerning the City of Plymouth providing
maintenance to the road which serves your property. The road which you
are referring to is an alley along the south side of your property.
This alley is accessed from Ives Lane which is a gravel city street
going southerly from 23rd Avenue.
The City does not provide any maintenance or improvements to alleys
within the City. We do provide maintenance for city streets and
recently Ives Lane had some additional gravel placed on the traveled
portion of the street. Properties which have chosen to construct an
access to an alley are responsible to provide their own maintenance.
I would suggest you discuss any needed maintenance with your neighbors
and through a cooperative effort obtain a contractor to perform the
necessary work.
Please contact me if you have any questions ,(550-5080).
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
cc: Frank Boyles, Acting City Manager
1M
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000N�/ 2� X92
November 12, 1992
Rod Grams
2013 2nd Ave. N.
Suite 30
Anoka, MN 55303
10 --_. • 1.1
I --)h
Congratulations on your victory in the November 3 general election. As you turn your
attention to the issues that face our area, don't hesitate to call upon us for assistance. We will
be more than happy to share information and our "Plymouth perspective" with you. You can
also be sure that we will contact you as issues arise that affect our community. We believe
that by working together we can make this area an even better place to live and work.
Again, congratulations on your election! We're looking forward to working with you.
Sincerely,
i
Kim M. Bergman
Mayor
1�1O0 1
cin, NOV 2 0192
=-1 h
'Martha Robertson Warren Limmer Todd Van Dellen
2000 Indian Road West 12057 N. 62nd Place 14095 37th Place N.
Minnetonka, MN 55343 Maple Grove, MN 55369 Plymouth, MN 55447
Ron Abrams Peggy Leppik Sandra Hilary
2211 Austrian Pines Lane 7500 Western Avenue 2306 Fremont Ave. N.
Minnetonka, MN 55343 Golden Valley, MN 55427 Minneapolis, MN 55411
Mike Opat John Keefe
Hennepin County Adult Corrections 6209 Schaefer Circle
Facility Edina, MN 55436
1145 Shenandoah Lane
Plymouth, MN 55447-3292
Rod Grams Pat McGowan
2013 2nd Ave. N. 12231 69th Ave. N.
Suite 30 Maple Grove, MN 55369
Anoka, MN 55303
Emily Ann Staples
1640 Xanthus Lane North
Plymouth, MN 55447
Gen Olson
6750 County Road 110 West
Minnetrista, MN 55364
CIM NOV 20,92
November 12, 1992
Carol J. Bryant, Ph.D.
Principal
PLYMOUTH CREEK ELEMENTARY SCHOOL
Wayzata Public Schools
16005 41st Ave: N.
Plymouth, MN 55446-2535
SUBJECT: PEDESTRIAN CROSSWALK
PLYMOUTH CREEK ELEMENTARY SCHOOL
CITY PROJECT NO. 303
Dear Carol:
I wish to thank you for arranging a meeting between the City of Plymouth,
the Parent Advisory Council, and yourself to discuss pedestrian's safety
at the Plymouth Creek Elementary School. The meeting was held on October
22, and Frank Boyles, Acting City Manager, and I were in attendance
representing the City of Plymouth.
The meeting resulted from our telephone conservations and also your
telephone conversations with the Plymouth Police Department concerning
the establishment of a safe crosswalk on Vicksburg Lane for students
desiring to walk to the elementary school. We reviewed alternatives
including:
o Establishing a crosswalk at County Road 9
o Adding flashing beacons and reduced speed limits to the
existing crosswalk at the south property line of the
school.,
o Constructing an underpass/overpass
o Installing a complete traffic signal at Vicksburg Lane
and 41st Avenue.
o Marking a school crosswalk with flashing beacons and a
reduced speed limit at 41st Avenue.
Cim NOV 20'92
@Q@ RLYMbUTH §§ULtVARD, PLYMOUM MINNESOTA 66447, TELEPHONE (@i a) 950--500
Carol J. Bryant, Ph.D.
November 13, 1992
Page Two
At the conclusion of the meeting we agreed that the establishment of a
school crosswalk at 41st Avenue with a reduced speed zone during school
hours would be the best solution to establish a safe pedestrian crossing
on Vicksburg Lane. Although the City would be -responsible for the
installation of the flashing beacons and all necessary signs and marked
crosswalk, there would be responsibilities of the school district.
The agreed to responsibilities for both the City and the school district
are as follows:
CITY RESPONSIBILITIES:
1. Pay one-half the cost of flashing beacons (this is
estimated to be $2,500).
2. Install the necessary signs to delineate a crosswalk at
41st Avenue. The signs would include a reduced speed
limit, when beacons are flashing, from 45 m.p.h. to 25
m.p.h. the beacons would, flash at the times a school
crossing patrol is at the crosswalk. The crosswalk would
also be painted on the street. The traffic markings and
signs will all be in accordance with the "Uniform Manual
of Traffic Control Devices."
3. Provide training for a school crossing patrol.
SCHOOL RESPONSIBILITIES:
1. Pay one-half the cost of flashing beacons (this ,is
estimated to be $2,500).
2. Establish a school crossing patrol program for this
intersection throughout the school year on days when
school is in session.
3. Install/maintain a sidewalk beginning on the west side of
Vicksburg Lane immediately south of 41st Avenue on the
school property to connect with the existing on-site
sidewalk system for the school building.
We agreed that it would be possible to have this crosswalk established by
spring of next year. I am requesting that you respond back in writing
that the school district is in agreement with their responsibilities. If
I have not stated these correctly, please let me know.
C'm NOV 2 0'92
Carol J. Bryant, Ph.D. •
November 13, 1992
Page Three
R0■11VI
The delivery time for the flash g Gr10 TWment is generally six to
eight weeks after an order is placed. For this reason I am requesting
your response by the end of January if the crosswalk is to be installed
for the spring of 1993. If you have any questions *or you do not feel I
have accurately summarized our joint agreement during the meeting, please
contact me (550-5080).
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
c� Frank Boyles, Acting City Manager
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5009141 NOV 20'92
November 12, 1992
Dale Charboneau
D. C.. Design & Graphics
2852 Merrill Street
Roseville, MN 55113
Dear Mr. Charboneau:
Thank you for submitting a Public Service Counter Customer Comment Card. Your
suggestion to provide more accessible access to the plat and address system
was forwarded to me for review and response.
Based on our conversation today, it is my understanding that your firm
provides some form of mapping service to various school districts which not
only identifies and describes the legal descriptions of properties located in
new developments, but also contains the site addresses assigned for each
parcel.
As discussed, our office automatically provides each school district with a
scaled co y of every new residential development (including the property
addresses , once a plat has received final approval by the City Council.
I have provided you with a contact person from the Wayzata School District who
receives the above referenced materials from our office who may assist you in
obtaining the information you requested directly from their office.
If you have any further questions concerning this matter, please feel free to
contact me at 550-5031.
Sincerely,
C'
Joe Ryan
Building Official
cc: Charles E. Dillerud, Community Development Director
File
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C"' NOV 2 0192
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
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November 11, 1992 eShibee
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City of Plymouth
3400 Plymouth Road
Plymouth, MN 55447
Attn: Eric Blank, Director of Parks and Recreation
Re: Plymouth Playfields
Dear Eric:
Congratulations, we have won a 1992 Award for the Plymouth Playfields project. This
award is sponsored by the Minnesota Chapter of the Associated Builders and Contractors,
Inc. Please set the evening of January 29, 1993 aside for yourself and a guest so that you
can attend the Awards of Excellence banquet as our quest. More detailed information will
follow.
As a winner we are eligible to enter the National Awards of Excellence competition.
Winners will attend the National convention in Las Vegas, Nevada in March, 1993.
I want to personally thank you for your cooperation during this process and look forward
to your continued support.
Sincerely,
G�
Keith J. McDonald
Vice President
KJM/sam
6hin8obee Builders, Inc.
279 N. Medina &reel P.O. Box 6 LoneUo. MN 55337 (612) 479.1300
Cenral Contractor dt Conbtruc bin Management A Design/Build
November 17, 1992
John Carroccio
J. Paul Sterns & Company, Inc.,
150 South Broadway
Wayzata, MN 55391
SUBJECT: WOOD POINTE ESTATES, ACCESS TO LOTS 1, 2, AND 14
Dear Mr. Carroccio:
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At the Plymouth City Council Public Forum of November 18, 1992 residents in
and around the Wood Pointe Estates subdivision presented a petition with 48
names representing 29 separate households requesting a reconsideration of the
City Council action of September 21, 1992 regarding access to Lots 1, 2, and
14 of Wood Pointe Estates.
Residents state that they were not adequately informed of the modification to
the Development Contract adopted by the City Council on September 21, 1992
regarding access -from Sunset Trail to those lots; and, access to Sunset Trail
from those lots is dangerous and constitutes a severe safety hazard to
residents of the neighborhood, and those that travel on Sunset Trail.
The City Council directed that this matter be placed on the City Council
agenda for November 30, 1992 to allow the petitioners and the developer to
present .all pertinent facts, concerning the questioned access from the subject
lots to Sunset Trail. The City Council indicated that it may wish to
reconsider its September 21 action based on any new factual information that
may be presented concerning the safety issue.
The City Council has also directed that I withhold issuance of the building
permit for which application has been received for a new home on Lot 14.
Should you have any questions concerning this matter please feel free to
contact me at 550-5059.
Sincerely yours,
Charles E. Dillerud
Community Development Director
cc: Frank Boyles, Acting City Manager
Joe Ryan, Building Official
Fred Moore, Director of Public Works
(pl/cd/88044)
1
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November'17, 1992
NIA* Id
James R. Orr, CEO PLYMOUTH -
Schell & Madson, Inc.
10580 Wayzata Boulevard
Minnetonka, MN 55343-5482 '
SUBJECT: WOOD POINTE ESTATES, ACCESS TO LOTS 1, 2, AND 14
Dear Mr. Orr:
At the Plymouth City Council Public Forum of November 18, 1992 residents in
and around the Wood Pointe Estates subdivision presented a petition with 48
names representing 29 separate households requesting a reconsideration of the
City Council action of September 21, 1992 regarding access to Lots 1, 2, and
14 of Wood Pointe Estates.
Residents state that they were not adequately informed of the modification to
the Development Contract adopted by the City Council on September 21, 1992
regarding access from Sunset Trail to those lots; .and, access to Sunset Trail
from those lots is dangerous and constitutes a severe safety hazard to
residents of the neighborhood, and those that travel on Sunset Trail.
The City Council directed that this matter be placed on the City Council
agenda for November 30, 1992 to allow the petitioners and the developer to
present all pertinent facts concerning the questioned access from the subject
lots to Sunset Trail. The City Council indicated that it may wish to
reconsider its September 21 action based on any new factual information that
may be presented concerning the safety issue.
The City Council has also directed that I withhold issuance of the building
permit for which application has been received for a new home on Lot 14. I
will be advising the building permit applicant concurrent with this letter to
you.
Should you have any questions concerning this matter please feel free to
contact me at 550-5059.
Sincerely yours,
a -'s
Char es E. �Di
Community Development Director
cc: Frank Boyles, Acting City Manager
Joe Ryan, Building Official
Fred Moore, Director of Public Works
(pl/cd/88044)
Clhi
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
ith-W-09
November 17, 1992
Mr. Leif J. Thorson
Public Contact Engineer
SOO LINE RAILROAD COMPANY
P.O. Box 530
Minneapolis, MN 55440
SUBJECT:- PINEVIEW LANE CROSSING OF SOO LINE RAILROAD
USDOT NO. 689115A
CITY PROJECT NO. 935
Dear Mr. Thorson:
'1A. KA"VO)
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This is the City's formal request of the Soo Line Railroad Company to install crossing
gates at the railroad crossing on Pineview Lane. I have recently spoken with you
about this possibility and the City is now anxious to proceed with this project as
quickly as possible. I would greatly appreciate your coordinating the preparation of
the necessary construction plans and City/Soo Line Railroad Company agreement for this
requested improvement.
The City is agreeable to pay 100X of the cost of the retrofitted installation which
would add crossing gates to the flashing signals which were constructed in 1991. The
City feels that the crossing gates would add a needed element of safety at this
crossing. Approximately one quarter mile north off Pineview Lane is the new Bass Lake
playfield facility which will be in full operation next spring. The new playfield
will generate additional pedestrian and vehicular traffic which will use Pineview Lane
to access the new playfield.
You have previously indicated that this type of request may not receive high priority
with the Soo Line Railroad due to MnDOT's findings that the existing warning system is
adequately safe. The City feels that the addition of crossing gates would provide for
a safer crossing and a consistency currently lacking at the Pineview crossing versus
all other major street -crossings in Plymouth which have flashing signals and gates.
Thank you for your attention to this request. After you have had an opportunity to
discuss this request with the necessary railroad personnel, please let. me know your
estimated schedule for design and construction. I can be reached at 550-5071.
Sincerely,
Daniel L. Faulkner, P.E.
City Engineer
DLF:kh
cc: Fred G. Moore, Director of Public Works
Frank Boyles, Acting City Manager
clr„ NOV 20'92
SM PLV=M BOULEVARD, PLYMOUTH, MINNNOTA %%AQ, TtLEPHONt (999) 9Ii9=9999
November 17, 1992
Mr. Frank Boyles
Acting City Manager
Plymouth City Offices
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Wood Pointe Estates - Driveway Access Issue
Dear Frank:
I want to thank you and your staff for assisting us in addressing the Plymouth City
Council on Monday evening, November 16th, with regard to our concerns on the
driveway access issue for Wood Pointe Estates.
The entire neighborhood finds this issue extremely important and showed their
concern by signing a petition stating such. As we were able to present 48 signed
petitions to the Council they have agreed to review the issue further.
Again, thank you for your help Frank, and please extend my genuine thanks to
your staff for their efforts.
Thank you.
Sincerely,
arnel D. Witkowski
DDW/jkl
P.S. My home address is: 405 Cottonwood Lane North, Plymouth, MN
55441. Home telephone #: 591-7736, office #: 521-9542.
c1m Nov 20'92
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M i n nesbta';otl ution Control Agency
Celebrating our 2\th aii `iv616aar and the 20th anniversary of the Clean Water Act
November 19, 1992.
Mr. Mike Pflaum
Lundgren Brothers Construction
935 East Wayzata Boulevard
Wayzata, Minnesota 55391
Dear Mr. Pflaum:
CITY OF
PLYMOUTH -
RE: Petroleum Tank Release Site Closure
Site: Churchill Farms -Lot 4, Block 2, Plymouth
Site*ID#: LEAK00004311
i
The Minnesota Pollution Control Agency (MPCA) staff has determined that the
cleanup performed in response to the petroleum tank release at the site
referenced above has adequately addressed the petroleum contamination, and
therefore the file.regarding this release will be closed.
On July 20, 1992, this file was reopened by the MPCA. Since then, the
following corrective actions have been taken in response to the release:
1. During the excavation of a basement for a proposed residential home,
petroleum organic vapors were discovered. On July 17, 1992, two soil
samples were collected at 8 feet below the ground surface (bgs) using a
post hole digger. The samples were analyzed for volatile organic compounds
(VOC's), arsenic, barium, cadmium, chromium, lead, selenium, silver,
mercury and total hydrocarbons (THC) as fuel oil and gasoline.
Concentrations of 740 and 490 parts per million (ppm) THC as gasoline, 810
and 1,300 ppm THC as fuel oil, 4.5 and 2.6 ppm toluene, 27 and 21 ppm.ethyl
benzene, 49.1 and 13.5 ppm xylenes and 1.1 ppm benzene were the highest
levels of contaminates found in the samples.
2. On July 27, 1992, 297 cubic yards of petroleum contaminated soil was
excavated. The native soil type at the site is clays with some sand
lenses. No ground water was encountered but a small amount of water was
observed to be seeping from the sand lenses. The soil from the excavation
was screened with a photoionization detector (PID)'. PID.readings ranged
from 1 to 190 ppm. Six soil samples were obtained from the completed
excavation and analyzed for VOCs, barium, chromium, lead, mercury and THC
as fuel oil and gasoline. Concentrations of 5.3 and 4.1 ppm THC as fuel
oil, 5.4 ppm THC as gasoline, 0.35 ppm ethyl benzene and 0.50 ppm xylenes
were detected in the samples.
3. The 297 cubic yards of petroleum contaminated soil was thermally treated by
C.S. McCrossan on August 6, 1992, with MPCA approval.
CIM NOV 2 0'92
520 Lafayette Rd.;40u PLYIVfOUI N BCN VA1FiD?PLYI�IIUfJTrl9 l MR 5547, fn�Fi
TEC�6Npe(6%-55U_%OWrshall • Rochester
Equal Opportunity Emplover • Printed on Recycled Paper
Mr. Mike Pflaum
Page 2
November 19, 1992
Based on the currently available information, we concur with the conclusions of
GMB Consultants -that these actions have adequately addressed the petroleum tank
release. Therefore, MPCA staff does not intend to require any more
investigation or cleanup work in response to this release. However, the MPCA
reserves the right to reopen this file and require additional work if in the
future more work•is determined to be necessary, and this letter does not
release any party from liability for this contamination.
Because you performed the requested work,tthe state asetatelmreimburse Cleanup you for a
major portion of your costs. -The Petroleum
ct
establishes a fund -which in certain circumstances provides partial
reimbursement for petroleum tank release cleanup costs. This fund is
administered by the Petro Board. More specific eligibility rules are available
from the Petro Board (612/297-1119 or 612/297-4203).
Thank you for your cooperation with the MPCA in responding to•this petroleum
tank release to protect the public health and the environment of the state of
Minnesota. If you have any questions regarding this correspondence, please
call me at 612/297-8580.
Sincerely,
Chris McLain -
Pollution Control Specialist
Tanks and Spills Section
Hazardous Waste Division
'CM : nh
cc: Pete Engebretson, Hennepin County, Minneapolis
Laurie Rauenhorst, City Clerk, Plymouth
Lyle Robinson, Fire Chief, Plymouth
Cammilla Pederson, GME Consultants, Minneapolis
CIM NW 20'92
Geed ration
Minn
Celebrating our
November 19, 1992
Mr. Gary Beyer
10405 Old County Road 15
Plymouth, Minnesota 55447
Dear Mr. Beyer:
ion Control Agency
the 20th anniversary of the Clean Water Act
CITY OF
PUMOUTR
RE: Petroleum Storage Tank Release'fnvestigation and Corrective Action
Site: Gary Beyer -Residence, 10405 Old"County Road 15, Plymouth
LEAK #: LEAK00005908
The Minnesota Pollution Control Agency (MPCA) has received notification that a
release of petroleum has occurred from storage tank facilities which you own
and/or operate that has resulted in -contamination of soil and/or ground water.
Federal and state laws require that persons legally responsible for storage
tank releases notify the MPCA of the release, investigate the extent of the
release and take actions needed to ensure that the release is cleaned up. A
person is considered legally responsible for a tank release if the person owned"
or operated the tank either during or after the release, unless specifically
exempted under the law. See Minn. Stat. § 115C.021 (as amended by Minn. Laws
1992, ch. 414, sec. 2) If you believe that you are not legally responsible for
this storage tank release, please provide the MPCA with a written explanation
of the grounds for your position within 30 days.
The MPCA staff is requesting you to take "the steps necessary to"investigate and
clean up the release in accordance with the enclosed MPCA technical documents.
The MPCA requires that you conduct a site investigation to define the full
extent and magnitude of the soil and/or ground water contamination caused by
the release. If you know or discover that there is free-floating petroleum on
the water table, the. MPCA requests that you notify the MPCA within 24 hours.
In addition, if any measurable volume of free product is observed in an
excavation, borehole, or well, you must IMMEDIATELY begin interim free product
recovery (passive hydrophobic/oleophilic collectors, absorbent pads, etc.)
If you are not legally responsible for the release, but hold legal or equitable
title to the property where the release occurred,*you may volunteer to take
corrective action. Responsible persons and volunteers who take corrective
action may be eligible for reimbursement for a major portion of the costs of
corrective action. The legislature has established the Petroleum Tank Release
Cleanup Account to reimburse responsible persons and volunteers. The account
is administered by the Petroleum Tank Release Compensation Board (Petro -Board).
The Petro Board has adopted rules governing application for reimbursement.
Minn. Rules ch. 2890. Questions about eligibility and reimbursement should be
directed to the Petro Board at 612/297-1119 or 612/297-4203.
CIM NOV 2 0'92
520 Lafayette Rd.; St�400 PLYMOUTH BOUL'�$1&69PLYMOUTN' MINNESOTAD55447, TELEPHONEt(6 2! 550 5000 shall • Rochester
Equal Opportunity Employer• Printed on Recycled Paper
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Mr. Gary Beyer
Page 2
November 19, 1992
If you have not already done so, the MPCA recommends that you hire a qualified
consulting firm that has experience in conducting petroleum release -site
investigations and in proposing and implementing appropriate corrective
actions. The MPCA reserves the right to reject proposed corrective actions if
the requirements of the site investigation have not been fulfilled. Please
note that, under Minn. Rules pt. 2890.0075, subp. 2, you must solicit a minimum
of two competitive proposals on a form prescribed by the Petro Board to ensure
that your consulting costs are reasonable. '
If you do not respond to this letter within 30 days, the MPCA staff will assume
that you do not intend to comply with this rpnevest. In this event, the MPCA-
Commissioner may order you to take corrective action. If you -do not comply
with the Commissioner's order, it may be enforced in court or, alternatively,
the MPCA could spend its own money cleaning up the release and then request the
Attorney General to recover its costs from.you through legal action. Failure
to.cooperate with'the MPCA in a timely manner will also result in reduced
reimbursement from -the Petro Board.' See Minn. Rules pt. 2890.0065, subp. l;
item C.
A packet of fact sheets is enclosed for your information.
If you have any questions concerning this letter or need additional
information, contact me at 612/297-8580. Please reference the above LEAK # in
all correspondence.
Sincerely,
Chris L. McLain
Project Manager
Tanks and Spills Section
Hazardous Waste Division
CLM:nh
Enclosures
cc: Laurie Rauenhorst, City Clerk, Plymouth
Lyle Robinson, Fire Chief, Plymouth
circ NOY 20'92
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3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 �'� Nov 20W
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