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HomeMy WebLinkAboutCouncil Information Memorandum 03-08-1985N CITY OF _ PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM March 8, 1985 UPCOMING MEETINGS AND EVENTS...... 1. TOWN MEETING - The town meeting for area 6 is scheduled for 7:00 p.m. Monday, March 11. An agenda for the meeting is attached for information. 2. NEXT COUNCIL MEETING - The City Council will meet on Monday, March 18 for its next regular meeting. The Plymouth forum is scheduled for 7:00 p.m. A Council/staff dinner meeting is also scheduled for 6:00 p.m. to review the residential survey to pick areas and tracking questions. 3. METROPOLITAN COUNCIL MEMBER JOSEPHINE NUNN - In accordance with earlier Council direction, Josephine Nunn, the City's Metropolitan Council representative, will be meeting with the Council on Monday, April 22, at 7:30 p.m. 4. 1985 BOARD OF EQUALIZATION- The City Council will sit as the 1985 Board of Equalization on Tuesday, May 21, 1985 at 7:30 p.m. in the City Council Chambers. FOR YOUR INFORMATION.... 1. LEGISLATIVE ACTIVITIES - INDUSTRIAL DEVELOPMENT REVENUE BONDS - The Local Government Finance Division of the House Tax Committee considered, on February 25, a League of Minnesota Cities sponsored bill which would modify several of the technical provisions of the existing Industrial Development Revenue Bond legislation while retaining the dual allocation system for frequent and infrequent Industrial Development Revenue Bond users. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM March 8, 1985 Representative Schreiber, however, has introduced House file 544 (a copy is available in my office) which proposes substantial changes to the current allocation system. The Schreiber bill would eliminate the entitlement versus non -entitlement system and would instead allocate funds to Industrial Development Revenue Bond projects in the following order: 1) manufacturing, 2) pollution control and waste management, and 3) commercial development. Under the bill, local governments will no longer receive IDB authority simply because they issued a large number of IDB's during 1980-1983. All Industrial Development Revenue Bond authority would be allocated through one pool. It appears likely that the impact of the Schreiber bill will be to further restrict availability of Industrial Development Revenue bond financing to municipalities. Most observers give the Schreiber bill excellent chances for passage. 2. LAUKKA AND ASSOCIATES VERSUS THE CITY OF PLYMOUTH - Attached is a petition for writ of mandamu-, writ of mandamus, and memorandum of law and support of petitioner's request for writ of mandamus submitted on behalf of Laukka and Associates. Mr. Laukka is bringing action against the City for the taking of road right-of-way for the new C.R. 9 without compensation. By these actions the Laukka representatives are attempting to compel the City of Plymouth to commence eminent domain proceedings to determine the extent and amount of damages to the petitioner. (Attach - I-2) 3. MEDICINE LAKE FIRE SERVICES AGREEMENT - Attached is a letter dated March 2, 1985 from Mayor Neal Sorensen of Medicine Lake which responds to my February 25 letter. In his letter, Mayor Sorensen repeats his argument that they are seeking only a backup fire service at a reasonable hourly fee. And I continue to believe that the only equitable means of -entering into an agreement with Medicine Lake for fire service is for them to pay a reasonable proportion of our actual fire service costs. (Attach - I-3) 4. PLYMOUTH PORT AUTHORITY - On Thursday, March 7, legislation was introduced making revisions to the Plymouth Port Authority. The legislation, authored by Senators Ramstad and Jude, would eliminate a technical problem with our current Port Authority. The original legislation authorized the Plymouth City Council to act as a Port Authority, but did not allow for the creation of an Authority as a separate corporate body. The new legislation will resolve this problem in order that the Port Authority can continue as presently constituted. CITY COUNCIL INFORMATIONAL MEMORANDUM March 8, 1985 5. BUILDING INSPECTION DEPARTMENT - Attached is a memorandum from Blair Tremere summarizing the reorganizational efforts which have been concluded in the Building Inspection division following the resignation of Al Kleinbeck. Joe Ryan will serve in the capacity as Building Official, Scott McLellan will be assigned the plan check responsibilities associated with the position of Assistant Building Official, and recruitment is underway to fill the Building Inspector position vacated by Scott. (Attach - I-5) 6. MINUTES - The following minutes are attached: a. Board of Zoning Adjustments and Appeals meeting of February 11 7. MUNICIPAL LEGISLATIVE COMMISSION - Attached is a letter and attachments from Bob Renner, Jr. transmitting Local Government Aids information. (Attach - I-7) 8. DEPARTMENT REPORT - The following monthly department activity reports are attached: a. Planning applications (Attach - I -8a) b. Building inspection (Attach - I -8b) 9. CORRESPONDENCE: a. The attached letter from Congressman Bill Frenzel introduces Ms. Maureen Shaver as his new representative to community and local organizations in the Plymouth area. Ms. Shaver, for Council information, is the wife of State Representative Craig Shaver. (Attach - C -9a) b. Attached are letters from Jeff Spartz, Chairman of the Board of County Commissioners, expressing appreciation to Fred Clark and Mark Eckes for their participation in the Planning Area Advisory Committee serving the urban Hennepin County Community Development Block Grant program. The citizen advisory committees are responsible for reviewing annual Community Development Block Grant plans for the four to six communities the advisory committee serve. The work of the committees has been important in programming nearly $32,000,000 in community development activities over the past ten years in 44 participating urban Hennepin County communities. (Attach - C -9b) C. Attached is a memo from Blair Tremere to the City Manager, together with other correspondence with respect to a complaint submitted by Mrs. Claire Sherman about debris on the Mother's Car Wash property. (Attach - C -9c) CITY COUNCIL INFORMATIONAL MEMORANDUM March 8, 1985 d. Letters from Fred Moore and Sherm Goldberg in response to Councilmember Crain's February 25 memo regarding erosion control. (Attach - C -9d) t e. The attached correspondence from Betty Threinen indicates that while she is grateful for her reappointment to the Independent School District 284 Community Education Committee, there is a two term maximum and that the School District has asked the City to appoint a new representatiave. This matter can be scheduled for the March 18 meeting should the Council desire. (Attach - C -9e) f. Attached is a letter from Bob Mueller to Maria Vasiliou regarding the noise from Fluidyne Engineering and a response to the letter from Frank Boyles. (Attach - C-90 g. Attached is a memorandum from Fred Moore regarding a meeting he has scheduled with Westridge Estates homeowners to respond to their concerns about new C.R. 9. (Attach - C -9g) James G. Willis City Manager TOWN MEETING AGENDA AREA SIX March 11, 1985 7:00 p.m. I. THOROUGHFARES t A. County Road 10 improvement between County Road 18 and I-494 B. New County Road 61 C. 53rd Avenue/Nathan Lane Improvements I. PARKS A. Pike -Eagle Lake Regional Park B. Zachary Playfield C. Future Playfield - Neighborhood Park - west side of Pineview Lane D. Trails I. HOUSING & DEVELOPMENT A. Staged Development Plan B. Pike Lake Interceptor C. Bass Lake Estates V. PUBLIC SAFETY A. Police/Fire Report B. Neighborhood Watch Program V. OTHER ITEMS A. Public Transportation feedback B. City Council meetings on cable television channel 7 0 HC 2843 (5-74) NOTE OF ISSUE _ HENNEPIN COUNTY DISTRICT COURT Fourth Judicial District SPECIAL TERM Write BOTH Attorneys' NAMES: City attorney Attorney for Plaintiff John M. LeFevre, Jr., 61852 Attorney for Defendant -T-a No. 85-3617 Write the complete TITLE of the cise: Larry Laukka andtAssociates, Inc. Petitioner, AGAINST City of Plymouth, Respondent. Will the Court please file this NOTE OF ISSUE and enter the cause on the Special Term Calendar on the 27th day of March 1985 iC CONTESTED El DEFAULT Memorandum and Proposed Order have been filed. by John M. LeFevre, Jr. Attorney for Petitioner STATE OF MINNESOTA COUNTY OF HENNEPIN - - - - - - - - - - - - - - - - Larry Laukka and Associates, Inc., vs. City of Plymouth, Petitioner, Respondent. DISTRICT COURT FOURTH JUDICIAL DISTRICT t Court File No. aC�3�) ORDER ALLOWING WRIT The within alternative Writ of Mandamus is hereby allowed, returnable at a Special Term of the District Court of Hennepin County to be held at the Hennepin County Government Center, at a special term thereof, on the 27th day of March, 1985, at 9:00 o'clock in the forenoon; service therefore is hereby directed to ..be made by delivery to and leaving with the City Manager of Respondent City of Plymouth, a copy of said Writ, together with a copy of this order and a petition for said Writ. Dated this �_ day of March, 1985. By b.xsz:� S� _ PkzlllSL District Judge 1 STATE OF MINNESOTA COUNTY OF HENNEPIN Larry Laukka and Associates, Inc., VS. City of Plymouth, Petitioner, Respondent DISTRICT COURT FOURTH JUDICIAL DISTRICT t Court File No. ?5- 3 j 1 PETITION FOR WRIT OF MANDAMUS TO THE DISTRICT COURT, FOURTH JUDICIAL DISTRICT, STATE OF MINNESOTA. Petitioner for its Petition for Writ of Mandamus respectively represents and states as follows: 1. Petitioner is a Minnesota corporation with offices at 7101 York Avenue South, Minneapolis, MN 55435. 2. Respondent is in a City located in the State of Minnesota, and has the power of eminent domain. 3. Petitioner is the owner, and is beneficially interested in a tract of land located within the Township of Plymouth upon which a housing project was developed known as West Ridge Estates. The land's legal description is attached as Exhibit A and incorporated herein. The land is hereinafter referred to as the "Subject Property". 4. That in early 1978, petitioner submitted to the respondent an RPUD concept plan for the residential development of the Subject Property. 1 5. That the concept plan went through the traditional review procedures of respondent's Planning Department, Planning Commission, and City Council.-+- 6. That the concept plan, as revised, was found to be consistent with the Plymouth guide plan and was approved by respondent's City Council on September 5, 1978. 7. That the respondent's City Council approved the preliminary plat for West Ridge Estates on November 20, 1978. In reliance on this approval, petitioner closed on the purchase of the site and thereby incurred substantial liabilities. 8. Based on the City's approval of the preliminary plat, and with the knowledge and approval of respondent, petitioner commenced actual construction of West Ridge Estates on the Subject Property pursuant to building permits approved by respondent's City Council, including the construction of four (4) display homes and the grading of 20-25 acres in the first addition. Furthermore, petitioner closed a development loan with a lender, paid commitment fees and started to incur substantial construction and development expense. 9. That petitioner was aware that the proposed County Road 9, if built, would traverse the Subject Property. Petitioner in its plans therefore reserved land for the proposed County Road 9. Petitioner assumed that if the County proceeded with plans for the proposed County Road 9, petitioner would be compensated in the .normal course for its property, and that if the proposed road were not constructed, then the Subject Property would be available for development. OA 10. That during April, 1979, respondent imposed, for the first time, a condition on its approval of the final plat of the Subject Property that petitioner dedicate to the resppndent 5.5 acres, more or less, for proposed County Road 9. 11. That, under protest, and only because of duress and coercion, and based on the economic need to proceed with the project, petitioner was forced to agree to the condition that the said 5.5 acres be dedicated to respondent. 12. That on information and belief, if proposed County Road 9 is built, other land owners who are required to convey land for the road will be fairly compensated for the value of their property. 13. That the respondent was without statutory, local ordinance, or regulatory authority to condition its approval of the Subject Property's final plat on petitioner's dedication of 5.5 acres, and the imposition of the said condition was therefore illegal, arbitrary and capricious. 14. That respondent's demand for and receipt of the 5.5 acres as a condition for its approval of the Subject Property's final plat constitutes a taking of petitioner's property without just compensation in violation of Minn. Const. Art. 1, Sec. 13. 15. That petitioner has no plain, speedy or adequate remedy in the ordinary course of law. WHEREFORE, petitioner, pursuant to Minn. Stat. §117.045, requests that this Court by Writ of Mandamus require respondent to initiate, within five business days after service of said Writ of Mandamus, proceedings of eminent domain under Chapter 117, 3 Minnesota Statutes to determine damages suffered by petitioner and order the payment of compensation, and award to petitioner its costs herein, including reasonable attorney fees, 4nd direct such other relief as the Court deems just and equitable. Dated: `�� `' 01 1985 HOLMES & GRAVEN, CHARTERED By (��[ A � 4 John M. LeFevre, #61852 Steven T. Hetland, 159141 A/ttorney for Petitioner 470 Pillsbury Center Minneapolis, Minnesota 55401 (6 12) 3388-1177 EXHIBIT A The northeast 1/4 of the Northwest 1/4 of Section 14, Township 118, Range 22; Together with that part of the West 1/4 of the Northeast 1/4 of Section 14, Township 118, Range 22, lying North of Rockford Road; Together with the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 118, Range 22, except the following described parcels: (a) Beginning at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 14, fronting on state road and running due North from said road and corner 15 rods; thence running East a little to the North 12 rods; thence run South a little to the East 16 rods; and from thence due West along said road 14 rods to said point of beginning; (b) That part of the Southeast 1/4 of the Northwest 1/4, Section 14, Township 118, Range 22, lying South of Rockford Road (C.S.A.H. No. 9) ; (c) That part of the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of said Southeast 1/4 of Northwest 1/4, 247.50 feet (15 rods) North of the Southwest corner thereof, said West line having an assumed bearing of North 0 degrees, 05 minutes, 58 seconds East; thence North 86 degrees, 08 minutes, 46 seconds East 198.00 feet (12 rods) to the point of beginning; thence South 7 degrees, 11 minutes, 03 seconds East 264.00 feet (16 rods) to a point- on the South line of said Southeast 1/4 of the Northwest 1/4 distant 231.00 feet (14 rods) Easterly of the Southwest corner thereof, thence South 89 degrees, 43 minutes, 20 seconds East along the South line of said Southeast 1/4 of Northwest 1/4, 547.07 feet to the intersection with the centerline of said County Road No. 9, thence Northeasterly along the centerline of said County Road No. 9 a distance of 365.02 feet; thence North 21 degrees, 56 minutes, 42 seconds West 383 feet; thence South 68 degrees, 03 minutes, 18 seconds West 350 feet; thence South 78 degrees, 47 minutes, 51 seconds West 462.01 feet to the point of beginning. STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAtL DISTRICT Larry Laukka and Associates, Inc., Petitioner Court File No. 95 -3 1 VS. WRIT OF MANDAMUS City of Plymouth, Respondent The State of Minnesota to Respondent City of Plymouth. Greetings: Whereas it manifestly appears to us by the petition of Larry Laukka and Associates, Inc. that: Petitioner for its Petition for Writ of Mandamus respectively represents and states as follows: 1. Petitioner is a Minnesota corporation with offices at 7101 York Avenue South, Minneapolis, MN 55435. 2. Respondent is in a City located in the State of Minnesota, and has the power of eminent domain. 3. Petitioner is the owner, and is beneficially interested in a tract of land located within the Township of Plymouth upon which a housing project was developed known as West Ridge Estates. The land's legal description is attached as Exhibit A and incorporated herein. The land is hereinafter referred to as the "Subject Property". 1 4. That in early 1978, petitioner submitted to the respondent an RPUD concept plan for the residential clevelopment of the Subject Property. 5. That the concept plan went through the traditional review procedures of respondent's Planning Department, Planning Commission, and City Council. 6. That the concept plan, as revised, was found to be consistent with the Plymouth guide plan and was approved by respondent's City Council on September 5, 1978. 7. That the respondent's City Council approved the preliminary plat for West Ridge Estates on November 20, 1978. In reliance on this approval, petitioner closed on the purchase of the site and thereby incurred substantial liabilities. 8. Based on the City's approval of the preliminary plat, and with the knowledge and approval of respondent, petitioner commenced actual construction- of West Ridge Estates on the Subject Property pursuant to building permits approved by respondent's City Council, including the construction of four (4) display homes and the grading of 20-25 acres in the first addition. Furthermore, petitioner closed a development loan with a lender, paid commitment fees and started to incur substantial construction and development expense. 9. That petitioner was aware that the proposed County Road 9, if built, would traverse the Subject Property. Petitioner in its plans therefore reserved land for the proposed County Road 9. Petitioner assumed that if the County proceeded with plans for the proposed County Road 9, petitioner would be compensated in the normal course for its property, and that if the proposed road were not constructed, then the Subject Property would be available for development. 10. That during April, 1979, respondent imposed, for the first time, a condition on its approval of the final plat of the Subject Property that petitioner dedicate to the respondent 5.5 acres, more or less, for proposed County Road 9. 11. That, under protest, and only because of duress and coercion, and based on the economic need to proceed with the project, petitioner was forced to and did agree to the condition that the said 5.5 acres be dedicated to respondent. 12. That on information and belief, if proposed County Road 9 is built, other land owners who are required to convey land for the road will be fairly compensated for the value of their property. 13. rhat the respondent was without statutory, local ordinance, or regulatory authority to condition its approval of the Subject Property's final plat on petitioner's dedication of 5.5 acres, and the imposition of the said condition was therefore illegal, arbitrary and capricious. 14. That respondent's receipt of the 5.5 acres as a condition for its approval of the Subject Property's final plat constitutes a taking of petitioner's property without just compensation in violation of Minn. Const. Art. 1, Sec. 13. 15. That petitioner has no plain, speedy or adequate remedy in the ordinary course of law. r 16. That petitioner is entitled to an absolute Writ of Mandamus directing respondent to commence emintnt domain proceedings pursuant to Chapter 117 of the Minnesota Statutes, and further directing respondent to pay damages as determined in said proceedings to petitioner for interference with and damage to the Subject Property. THEREFORE YOU ARE COMMANDED, within five business days after the receipt of this Writ, to commence proceedings of eminent domain pursuant to Minnesota Statutes, Chapter 117 to determine the damages to the Subject Property or SHOW CAUSE BEFORE THIS COURT at a special term thereof to be held at the Courthouse, t Hennepin County Government Center, on the a7 - day of March, 1985, at 9:00 o'clock in the forenoon, why you have not done so, and that you then and there make return of this Writ with your certificate'on such return of having done as you are commanded. Witness the Honorable _�yQ�„ �_ �,.� , Judge of said Court, and a seal thereof the day of 1985. Seal of Court l &,F-,Vf Cle 4 The northeast 1/4 Township 118, Range 22; EXHIBIT A of the Northwest 1/4 of Section 14, Together with that part of the West 1/4 of the Northeast 1/4 of Section 14, Township 118, Range 22, lying North of Rockford Road; Together with the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 118, Range 22, except the following described parcels: (a) Beginning at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of Section 14, fronting on state road and running due North from said road and corner 15 rods; thence running East a little to the North 12 rods; thence run South a little to the East 16 rods; and from thence due West along said road 14 rods to said point of beginning; (b) That part of the Southeast 1/4 of the Northwest 1/4, Section 14, Township 118, Range 22, lying South of Rockford Road (C.S.A.H. No. 9) ; (c) That part of the Southeast 1/4 of the Northwest 1/4 of Section 14, Township 118, Range 22, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line of said Southeast 1/4 of Northwest 1/4,, 247.50 feet (15 rods) North of the Southwest corner thereof, said West line having an assumed bearing of North 0 degrees, 05 minutes, 58 seconds East; thence North 86 degrees, 08 minutes, 46 seconds East 198.00 feet (12 rods) to the point of beginning; thence South 7 degrees, 11 minutes, 03 seconds East 264.00 feet (16 rods) to a point on the South line of said Southeast 1/4 of the Northwest 1/4 distant 231.00 feet (14 rods) Easterly of the Southwest corner thereof, thence South 89 degrees, 43 minutes, 20 seconds East along the South line of said Southeast 1/4 of Northwest 1/4, 547.07 feet to the intersection with the centerline of said County Road No. 9, thence Northeasterly along the centerline of said County Road No. 9 a distance of 365.02 feet; thence North 21 degrees, 56 minutes, 42 seconds West 383 feet; thence South 68 degrees, 03 minutes, 18 seconds West 350 feet; thence South 78 degrees, 47 minutes, 51 seconds West 462.01 feet to the point of beginning. STATE OF MINNESOTA COUNTY OF HENNEPIN - - - - - - - - - - - - - - - - Larry Laukka and Associates, Inc., Petitioner VS. City of Plymouth, Respondent DISTRICT COURT FOURTH JUDICIAL DISTRICT I Court File No. �� b MEMORANDUM OF LAW IN SUPPORT OF PETITIONER'S REQUEST FOR WRIT OF MANDAMUS INTRODUCTION This is an action by Larry Laukka and Associates, Inc. ("Laukka") as property owner for a writ of mandamus to compel the City of Plymouth (the "City") to commence proceedings in eminent domain to determine the extent and amount of damages to petitioner's,.property. Laukka owns property located at County Road 9 and Larch Lane in the City of Plymouth (the "Subject Property"). The legal description of the Subject Property is attached to the Writ of Mandamus as Exhibit A. In early 1978, Laukka submitted to the City a proposed RPUD concept plan for the development of a housing project on the Subject Property known as West Ridge Estates. The plan, reviewed through the City's normal review procedure, was deemed consistent with the Plymouth Guide Plan, and was approved by the City Council on September 5, 1978. Subsequently, on November 20, 1 1978, the City Council approved the preliminary plat of West Ridge Estates. With knowledge and approval of the City, Laukka commenced actual construction of the housing project pursuant to building permits approved by the City, and incurred construction costs by making loan payments. On or about April 16, 1979, the City imposed, for the first time, a condition on its approval of the final plat of West Ridge Estates that petitioner dedicate 5.5 acres for proposed County Road 9. Under protest, as well as under the economic duress caused by the absolute need to proceed with the project, which circumstances were known to the City, Laukka agreed to the dedication of the 5.5 acres. Of course, if the County proceeds to build the proposed County Road 9, other landowners who are required to convey land for the road will be fairly compensated for their property. Laukka claims that the City's demand for the 5.5 acre dedication, as a condition for its approval of the Subject Property's final plat constitutes a taxing of private property without just compensation in violation of the Minnesota Constitution, Article 1, Section 13. In addition, the appropriation exceeded the City's statutory authority under Minn. Stat. Section 3462.358 and under Section 3500 of the Plymouth City Code. Since there is no plain, speedy, or adequate remedy in the ordinary course of law, Laukka asks the Court to issue a Writ of Mandamus to direct the City to commence condemnation proceedings to determine the extent and amount of damages which must be paid. 2 ARGUMENT The City's Demand that Petitioner Dedicate 5.5 Acres for the Proposed County Road 9 as a Condition Precedent to its Approval of the Subject Property's Final Plat - Constitutes Taxing of Private Property Without Just Compensation in Violation of Minnesota Constitution, Article 1, Section 13. Article 1, Section 13 of the Minnesota Constitution states: Private property shall not be taken, destroyed, or damaged for public use without just compensation therefore, first paid or secured. This section clearly applies in the present case where valuable property was permanently appropriated without compensation to the owner of the property. Recently, the Minnesota Supreme Court in Spaeth v. The City of Plymouth, 344 N.W.2d 815 (1984), addressed the application of Article 1, Section 13 of the Minnesota Constitution in the area of municipality's regulation of land use. Citing the United States Supreme Court's decision in Loretto v. Teleprompter Manhatten C.A.T.V. Corporation, 458 U.S. 419, 102 (S.Ct. 3164 (1982)), the Court stated as a general rule that "where government action results in a permanent physical appropriation or occupation of property, there certainly has been a taking". See also Pumpelly v. Green Bay Company, 80 U.S. 166, 177-79, 20 L.Ed. 557 (1871); Nelson v. Wilson, 239 Minn. 164, 169, 58 N.W.2d 330, 333 (1953); Weaver v. Mississippi River Boom Co, 28 Minn. 534, 539-41, 11 N.W. 104, 115-16 (1881); Arneson v. City of Farg o, 331 N.W.2d 30, 38 (N.D. 1983); 3 Nichols' Law of Eminent Domain, §6.05 ( J. Sackman rev. 3d ed. 1983). The Court in Spaeth emphasized that neither the "enterprise/arbitration test" 3 nor the "physical government activity standard", both adopted by the Court to define taking in McShane v. City of Faribault, 292 N.W. 2d 253, 257-258 (Minn. 1980), applies when a government entity permanently appropriates or occupies property. Id., at 821. In other words, the Court in Spaeth held that permanent physical occupation or appropriation of private property is a taking per se. Permanent appropriation of private property encompasses real estate transferred under duress. Duress exists whenever one, by the unlawful act of another, is induced to make a contract or to perform some other act under circumstances which deprive him of the exercise of free will. Maclett v. Temple, et al., 1 N.W. 2d 415 (Minn. 1941). Similarly, a transfer of property to a municipality having eminent domain authority is not a "voluntary" transfer under the common meaning of that term. See, Regents of University of Minnesota v. Hibbing, 302 Minn. 481, 225 N.W.2d 810, 813 (1975); 4 Nichols, Eminent Domain §21.33; 27 Am. Jur. 2d, Eminent Domain 5430. It is clear that the present case is controlled by the Minnesota Supreme Court's decision in Spaeth. The City of Plymouth's demand, to which Petitioner acceded under protest and duress, that the petitioner dedicate 5.5 acres as a condition of its approval of the Subject Property's final plat constitutes permanent appropriation of the property; and thus, constitutes a taking per se under the Spaeth decision. Given that the Subject Property is private property, and that the City of Plymouth has not compensated the petitioner for the 5.5 acres he was coerced 4 into dedicating, said dedication is unconstitutional under Article 1, Section 13 of the Minnesota Constitution. e II. THE CITY'S DEMAND FOR THE 5.5 ACRE DEDICATION AS A CONDITION PRECEDENT FOR ITS APPROVAL OF THE SUBJECT PROPERTY'S FINAL PLAT EXCEEDED THE CITY'S STATUTORY AUTHORITY. The unconstitutional taking of Laukka's property by the City of Plymouth cannot be justified or excused under the City's statutory municipal planning authority. Minnesota Statutes, 5462.358, Subd. 2(a) states that a municipality may condition its approval of subdivisions on the reasonable dedication of land for public uses. In April, 1979, when the City conditioned its plat approval on the 5.5 acre dedication, "public use" for which land dedications could be requested, included parks, playgrounds, public open spaces, storm water holding areas, or ponds.l The City of Plymouth, under its City Code, could have and did require such land dedications. A municipality's authority to request land dedications is, however, limited by Minn. Stat. 3462.358, Subd. 1(a). Under that statute, a municipality in 1979 had the authority to adopt subdivision regulations, the use of which provides for the 1 Minn. Stat. 3462.358, subd. (2) was amended in 1980 to include streets and roads as public uses for which land dedications could be required. The 1980 amendment could not in any case justify the City's 1979 taking. Furthermore, even under the 1980 modification, the City's action here could not be upheld. As discussed below with regard to Minn. Stat. 3462.358, Subd. 1(a), streets and roads are limited to internal streets of the subdivision or local streets or roads needed by the citizens of the municipality. In other words, even if roads and streets could have been proper public uses for which the City could have requested a reasonable land dedication from Laukka, the City could not request the dedication and then turn the land over to Hennepin County for the proposed County Road 9, as no city purpose would then be served. 5 orderly, economic, and safe development of land and urban services and facilities, and regulations which promote the public e health, safety, morals, and general welfare.2 .Preceding statutory sections make it clear that the authority granted municipalities under Minn. Stat. 462.351(1) is limited to subdivision regulations which promote concerns of the municipality, not concerns of the county or state at large. Minn. Stat. §462.351, which explains the policy underlying the municipal planning statutory sections, states; "it is the purpose of sections 462.351 to 462.364 to provide municipalities, in a single body of law, with necessary powers and uniform procedure for adequately conducting and implementing municipal planning". Similarly, Minn. Stat. §462.343, subd. (1), which describes the general authority granted municipality for planning, states a municipality may carry on comprehensive municipal planning activities for guiding the future development and improvement of the municipality, and may prepare, adopt, and amend a comprehensive municipal plan and implement such plan by ordinance and other such official actions in accordance with provisions of 9462.351 to 462.364. Section 500.01 of the Plymouth City Code, reflecting the limited municipal authority granted by Minnesota Statutes Section 462.358, subd. 1(a), states: 2 After the taking herein, Minn. Stat. §462.358 (1) was amended in 1980 to enlarge municipalities' authority to impose subilivision regulations to facilitate adequate provisions for transportation and other such public facilities. This change cannot retroactively condone the City's improper confiscation. As discussed in footnote 1, such authority is limited to the facilitation of transportation facilities for the subdivision or municipality, not facilities for the county or the state as a whole. It is the purpose of this section to safeguard the best interest of the City of Plymouth and to assist developers and subdividers of land in harmonizing their interests with those of the City . This section makes certain regulations and requirements for the plotting of land in the City pursuant to the authority contained in Minnesota Statutes, Section 462.351 to 462.359, which regulations the City Council deems necessary for the health, safety, and general welfare of the citizens of Plymouth. In the present case, it is clear that the City of Plymouth exceeded its statutory authority. First of all, the City's demand of the 5.5 acre dedication for proposed County Road Nine in April 16, 1979 was before land dedications for streets and roads were authorized by the 1980 amendment to §462.358 subd. (2). Furthermore, the required 5.5 acre dedication exceeded the City's authority under Minn. Stat. §462.351 subd. (1), as a county concern rather a city concern prompted the requirement of the dedication. By requesting the dedication of land for the proposed county road, the City of Plymouth exceeded the authority granted it under Minnesota Statutes §462.358, as well as the Plymouth City Code, Section 500. III. LAUKKA HAS THE RIGHT TO REIMBURSEMENT FOR ITS REASONABLE COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, INCURRED IN COMPELLING THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS UNDER MINNESOTA STATUTES, SECTION 117.045. Minnesota Statutes, Section 117.045, states: If a person successfully brings an action compelling or requiring an authority to initiate eminent domain proceedings relating to his real property, which was omitted from any current or completed eminent domain proceeding, such person shall be entitled to petition the court for reimbursement for his reasonable costs 7 and expenses, including reasonable attorneys, appraisal, and engineering fees, actually incurred in bringing such action. . . t The Minnesota Supreme Court has held that the petitioner's right to receive reimbursement under Minn. Stat. 5117.045 is not limited to when the petitioner's real estate was omitted from a current or completed eminent domain proceeding, but extends to situations when an acquiring authority is required to commence a condemnation proceeding under a writ of mandamus. In Spaeth v. City of Plymouth, supra., the court rejected the respondent's argument that Minn. Stat. §117.045 did not apply because Spaeth's property was not omitted from a current or completed eminent domain proceeding. In so holding, the court stated: A literal reading of the statute tends to support defendant's position. However, we must construe the statutory language to avoid reaching such an absurd and unreasonable result. To adopt defendant's construction would mean that a landowner could recover costs and expenses when acquiring authority fails to acquire enough property, but not when it fails to make any provision whatsoever for eminent domain proceedings. We agree with the plaintiff that such a result is ludicrous. Contrary to defendant's narrow reading of Section 117.045, we believe that the purpose of that section is to assure that any landowner who is forced to take legal action against an acquiring authority is made whole. 344 N.W.2d 515, 822-823 (Minn. 1984). CONCLUSION Based on the above-cited case law and arguments, petitioner requests that the Court, by Writ of Mandamus, direct the respondent to commence eminent domain proceedings under Chapter 117 of the Minnesota Statutes in order to determine the damages 9 which the respondent must pay to the petitioner for the unauthorized and unconstitional taking of its property.e Dated this 7i day of �w� _, 1985. HOLMES & GRAVEN, CH R-rERED By Joh A4. LeFevre, #61852 Sten T. Hetland, #159141 At orney for Petitioner 470 Pillsbury Center Minneapolis, Minnesota 55401 (612) 3388-1177 9 City of Medicine Lake 10609 SOUTN SNORE DRIVE -MINNEAPOLIS, MINNESOTA 55441 P larch 2, 1985 t 132 Peninsula Road Medicine Lake, Mn. 55441 Mr. James Willis, City Manager 3400 Plymouth Boulevard Plymouth, Mn. 55447 Dear Mr. Willis: Thank you for your letter of 2-25-85. I have been concerned that you feel Plymouth wculd be responsible for PRIMARY FIRE SERVICE for Medicine Lake. Such is not the case. We seek only back-up service at a reasonable hourly fee. 'Ne do riot feel that we would have any right to such service if your city has simultaneous needs. We also do not need the full fire-power of your gigantic ladder units. Your smallest unit would more than suffice for any forseeable fire problem in our community. I regret that and "interested Plymouth citizen" suggested that Jim Adams of the Minneapolis Star and Tribune call me. I recognize your professional position, Jim. You seek the welfare of Plymouth. My position i� that any reimbursement to Plymouth through an hourly fee would be income that you will not enjoy unless we can reach a mutually acceptable agreement for working together. very truly yours, NEAL _,. S02t?P,P:P1 Payor February 25, 1985 CITY O� PLYMOUTR Mr. Neal E. Sorenson Mayor City of Medicine Lake 10609 South Shore Drive Plymouth, MN 55441 Dear Mayor Sorenson: In a telephone conversation today with a reporter for the Minneapolis Star and Tribune, dim Adams, he suggested that you may be awaiting a response to a letter which I received from you on February 13. That letter, in my view, summarized your thoughts on our telephone conversation of February 7. I concluded following our February 7 phone conversation that your community was not prepared to enter into an agreement with the City for a fixed cost fire service contract because it had not been budgeted as part of your 1985 budget. I further understood that you would be considering this matter with your Council as you prepared your 1986 budget. I noted at that same time that we were not interested in continuing the present arrangement whereby our Department would respond to fires for a specific hourly amount even at $500 - $600 per hour. We remain willing to meet with you and/or your Council at any convenient time to develop an agreement which would provide for the resumption of fire suppression services to Medicine Lake. We believe, however, that any such agreement should be essentially along the lines of my proposal of November 14. Yours truly, Oa is G. Willis y Manager JGW: fm cc: Mayor & City Council File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 I MEMO DATE: March 6, 1985 TO: City Manager dames G. Willis <*� FROM: Community Development Director Blair Tremere SUBJECT ORGANIZATION AND ASSIGNMENT OF BUILDING INSPECTION PERSONNEL I have completed a review of the organization of the Building Inspection Division of the Community Development Department and, I have carefully analyzed the personnel as- signments since Al Kleinbeck resigned his position to accept a Job with the State of Minnesota. We were undertaking some re -organization steps when Al left and I have found it appropriate to modify that re -organization in light of the attrition realized with Al's leaving. Joe Ryan has been designated Building Official and in that role, will continue to serve as the supervisor of the three Building Inspectors. doe had been designated Inspec- tions Supervisor beginning this year which was a reassignment from his former position as Assistant Building Official. Scott McLellan has been performing public informational and office managerial functions in addition to plans examination for which he is highly qualified and experienced. Scott was hired last year as a Building Inspector and was the Assistant Building Offic- ial for the City of Columbia Heights before coming to Plymouth, where he performed plan checking. I am confident that doe Ryan and Scott McLellan can continue to provide a high level of quality plans examination and Code interpretation for the City and for the developers who work with the City. Don Kilian will continue as the Plumbing Inspector; and, Dave Krings will continue as Building Inspector. Joe, Scott, and Dave are certified as Building Officials by the State of Minnesota; and, Don Kilian has recently completed his examination for that status as well. Don Kilian also recently completed a State course in on-site septic systems, and took the related certification examination. We will be running an advertisement in the metropolitan newspapers this weekend for the Building Inspector position formerly occupied by Scott McLellan; this will allow ample time to receive and evaluate applications prior to the construction season. I am confident that the professional personnel we have now can work as an effective team to deliver a high quality protective inspection service which Plymouth citizens and developers have a right to expect. This will be enhanced in the near future with the implementation of the data processing system which has been tailored for Plymouth for the Building Permit issuance and inspection functions. BT/gw THE CITY OF PLYMOUTH BOARD OF ZONING ADJUSTMENTS AND APPEALS FEBRUARY 11, 1985 The Regular Meeting of the Board of Zoning Adjustments and Appeals was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Marofsky, Commissioners Quass, Victor, Musatto, and Plufka MEMBERS ABSENT: Commissioner Bigelow and Cornelius STAFF PRESENT: Building Inspections Supervisor doe Ryan, Associate Planner Al Cottingham MINUTES MOTION was made by Commissioner Plufka, seconded by Commissioner Mussato to approve the Janurary 14, 1985 Minutes as amended. VOTE. 4 Ayes. Commissioner Victor abstained. MOTION carried. NEW BUSINESS I MINUTES JANUARY 14, 1985 Chairman Marofsky introduced the request for a variance from MR. WALTER ERICKSON the front yard height requirement a for fence located at 1615 SHADYVIEW LANE 1615 Shadyview Lane. Chairman Marofsky introduced the Board PLYMOUTH, MN 55447 members and informed the members of the audience of the duties of the Board. Mr. Erickson addressed the Board regarding his request and reviewed the situation at hand and why they are seeking to locate a six foot high fence in the front yard of this corner lot. Mr. Erickson stated that with a City park to the west of this property and this road being the access to the park, many people have created problems such as littering and driving on their lawn which creates a hazard to their property. He explained to the Board members that the proposed new fence would be located inside of an existing shrub line that is placed on the front property line of this lot. He disussed the uniqueness of this lot with the park being to the west and that 17th Avenue is in only to serve as an access to the park and one lot which is across the street from them. He stated that the residents of this home do not have any problem with the Ericksons constructing a six foot high fence as proposed. The Board discussed the concern that if they granted this variance, that it would be setting a precedent for the entire City. Commissioner Plufka stated that he did not believe this to be true since there are few corner lots in the City that have a park as their one neighbor and not a private residence. Discussion ensued regarding the possibility of a neighbor across the street, who adjoins the park, deciding to place a six foot high fence in the front yard. Page 2 Board of Zoning Minutes February 11, 1985 Members of the Board felt that this person has an interior lot and not a corner lot and pointed out that they currently have a fenced rear yard and the situation is not the same. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Victor to approve of the variance request for Walter and VARIANCE Nancy Erickson, 1615 Shadyview Lane for the following reasons and subject to the following conditions: 1. The petitioner standards. 2. The fence does not adjoining properties. 3. The fence is to be existing hedge that is and, the existing split 4. No other variances action. has satisfied the ordinance cut off light to any of the located on the inside of the located along the property line; rail fence should be removed. are granted or implied by this Discussion commenced regarding the time frame as to when the fence should be constructed. MOTION was made by Charirman Marofsky, seconded by MOTION TO AMEND Commissioner Quass to amend the main motion by adding a 5th addition to read as follows: 5. The fence shall not be constructed until the permit for the swimming pool has been issued and the fence must be opaque. VOTE on the AMENDMENT to the main MOTION 4 to 1. Commissioner Plufka voted nay. VOTE -NOTION AS MOTION carried. AMMENDED VOTE on the MAIN MOTION AS AMENDED 5 ayes. MOTION carried. VOTE -MOTION CARRIED Chairman Marofsky introduced the request submitted by Mr. MR. STEVEN HENDRICKS Steven M. Hendricks for a variance from the front and side 2318 KIRKWOOD LANE yard setbacks for property at 2318 Kirkwood Lane. PLYMOUTH, MN 55447 Mr. Hendricks reviewed his request and stated that the existing home was not built specifically for him and since purchasing this home, Mr. Hendricks has found that there is a substantial need for having a garage in order to park his automobiles and for storage. Mr. Hendricks considered placing a detached structure on the lot but decided that it would also require a variance due to the setback requirements. Since he had to seek a variance, he might as well seek it for the placement of a structure that would suit his needs. He stated that as shown in his materials, the roof line of the new structure would not be as high as the roof line of the existing house and thus from the front there would be a "step down" look from the one roof to the other. Page 3 Board of Zoning Minutes February 11, 1985 The Board discussed the severity of the elevation change and understood why the addition wouTd be set -3 nto t e ground rather than on top of it because of these differences. They also_ considered the possibility of placing a detached structre or an attached structure somewhere else on the lot to reduce the variance and it was determined that it would be very difficult, since the location of the driveway was predetermined by the City. MOTION was made by Commissioner Plufka to approve the variance request as submitted for the reasons stated in the draft resolution with the added reasoning that the low profile of the garage addition makes it more site worthy. MOTION failed for lack of a second. e MOTION was made by Charirman Marofsky, seconded by MOTION TO APPROVE Commissioner Mussato to approve the variance request for VARIANCE Steven Hendricks located at 2318 Kirkwood Lane for the following reasons and subject to the following conditions: 1. The petitioner has satisfied the ordinance standards for granting variances. 2. The variances are for a three foot encroachment into the side yard and a 12 foot encroachment into the front yard. 3. No other variances are granted or implied by this action. VOTE. 5 ayes. MOTION carried. Chairman Marofsky introduced the request submitted by Mr. Michael W. Karels for a variance from the side yard setback for property at 1930 Fountain Lane. Mr. Karels reviewed his request for the Board members stating that at first he considered placing a detached structure at some other location on his lot, but due to the severe topography between the front of the house and the rear of the house, it was impractical. He went on to state that currently the rear wall of the garage has a 15 course block layer in order to bring it up to the same elevation as the front of the garage and that is why there is no way in which.to gain access to the rear of this property. The Board discussed the size of the garage and.why it could not be a 10 foot wide garage, thus lessening the variance request. They agreed hat the topography does restrict this homeowner from locating a detached garage at another location on this property. VOTE - MOTION CARRIED MR. MICHAEL KARELS 1930 FOUNTAIN LANE PLYMOUTH, MN 55447 Page 4 Board of Zoning Minutes February 11, 1985 Mr. Karels stated that their family owns three full sized vehicles nd that it is difficultto ' 04—rk--them and--tu , he is requesting the 12 foot variance. MOTION was made by Commissioner Victor, seconded by MOTION TO APPROVE Commissioner Plufka to approve the variance request as VARIANCE submitted Michael W. Karels located at 1930 Fountain Lane for the following reasons and subject to the following conditions: 1. The petitioner has satisfied the ordinance standards for granting variances. 2. The approved variances to allow for the construction of a 12 x 22 foot attached garage with a 4 foot encroachment into the required 10 foot side yard setback as shown on the plans in the Staff Report dated 2/8/85. 3. No other variances are granted or implied by this action. Discussion ensued as to the feeling that the reasoning that this request is unique to this parcel. MOTION by Commissioner Plufka, seconded by Commissioner Quass to AMEND the MAIN MOTION by adding the following finding: 4. The unique physical surroundings, topography, the soil quality, and lack of other access to this property do not allow for a detached structure to be built and used by Mr. Karels. VOTE on the AMENDMENT 5 ayes. MOTION carried. VOTE on the MAIN MOTION once AMENDED, 5 ayes. MOTION carried. AWICH IRNMFNT The meeting adjourned at 10 P.M. VOTE - MOTION CARRIED VOTE - MOTION CARRIED CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the day of February 11 . 1985. The following members were present: Chairman Marofsky, Commissioners Quass, Victor, Mussato, and Plufka. ; The following members were absent: Commissioners Bigelow and Cornelius Commissioner Plufka introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85-01 APPROVING FOR WALTER W. AND NANCY D. ERICKSON 1615 Shadyview Lane (02-01-85) WHEREAS, Walter W. and Nancy D. Erickson have requested approval of a front yard height variance, in order to construct a six foot high fence in the required front yard of their property located at 1615 Shadyview Lane; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALSOF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Walter W. and Nancy D. Erickson for a front yard height variance, in order to construct a six foot high fence in their front yard of their property located at 1615 Shadyview Lane, based upon the following reasons and conditions; 1. The petitioner has satisfied the ordinance standards. 2. The fence does not cut off light to any of the adjoining properties. 3. The fence is to be located on the inside of the existing hedge that is currently located along the property line, and the existing split rail fence should be removed. 4. No other variances are granted or implied by this action. 5. The fence shall not be constructed until the permit for the swimming pool has been issued, and the fence must be opaque. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Victor , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Quass, Mussato and Plufka The following voted against or abstained: Commissioner Victor Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the day of February 11 ,1985 . The following members were present: Chairman Marofsky, Commissioners Quass, Victor, Mussato, and Plufka The following members were abse t: Commissioners Bigelow and Cornelius Chairman Marofsky introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85-02 APPROVING VARIANCE FOR STEVEN M. HENDRICKS 2318 Kirkwood Lane(02-02-85) WHEREAS, Steven M. Hendricks has requested approval of a variance for a 22 x22 foot attched garage to be located at 2318 Kirkwood Lane; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Steven M. Hendricksn for a variance for the purpose of constructing a 22 foot attached garage, for the reasons and subject to the following conditions: 1. The petitioner has satisfied the ordinance standards for granting variances. 2. The variances being granted are for a three foot encroachment into the side yard and a 12 foot encroachment into the front yard. 3. No.other variances are granted or implied by this action. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Mussato , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Quass, Mussato, Victor and Plufka _ Ther following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Board of Zoning Adustments and Appeals of the City of Plymouth, Minnesota, was held on the day of February 11 , 1985. The following members were present: Chairman Marofsky, Commissioners Quass, Victor, Mussato and Plufka The following members were abseat: Commissioners Bigelow and Cornelius Commissioner Victor introduced the following Resolution and moved its adoption: RESOLUTION NO. B 85-03 APPROVING VARIANCE FOR MICHAEL W. KARELS 1930 Fountain Lane (02-03-85) WHEREAS, Michael W. Karels has requested approval of a variance in order to construct a 12 x22 foot attached garage to be located at 1930 Fountain Lane; and, WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Michael W. Karels for a variance in order to construct a 12 x 22 foot attached garage to be located at 1930 Fountain Lane, for the reasons and subject to the following conditions; 1. The petitioner has satisfied the ordinance standards for granting variances. 2. The approved variance is to allow for the construction of a 12 x 22 foot attached garage with a four foot encroachment into the required ten foot side yard setback, as shown as plans in report dated 2-8-85. 3. No other variances are granted or implied by this action. 4. The unique physical surroundings, topography, the soil quality and lack of other access to this property do not allow fo a detached structure to be built and used by Mr. Karels. The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Plufka , and upon vote being taken thereon, the following voted in favor thereof: Chairman Marofsky, Commissioners Quass, Mussato, Victor and Plufka The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. (MllNICIPAL LEGISLATInE COMMISSION TO: MLC Board of Directors FROM: Bob Renner, Jr. RE: Enclosed Handout DATE: March 6, 1985 7900 Xerxes Avenue South Suite 1500 Bloomington, Minnesota 55431 (612) 338-6610 t Please find enclosed: 1) A copy of the Resolution on Local Government Aids which was adopted by the Board on February 21, 1985. 2) An explanation of the MLC policy on distribution of new local government aid dollars. 3) A one-page handout giving specific examples of how the MLC's distribution plan works if there is a 4.5% increased appropriation for 1986 Local Government Aids. The above three handouts will be sent to the MLC legis- lative delegation as well as the House and Senate Tax and Local and Urban Affairs Committee members. BR: dl Enclosures MUNICIPAL ISL ��� 7900 Xerxes Avenue South Suite 1500 Bloomington, Minnesota 55431 (612) 338-6610 Whereas, the Municipal Legislative Commission has adopted principles for a formula to distribute local government aid; and Whereas, the League of Minnesota Cities has adopted a local government aid formula which meets several of these principles; and Whereas, the League of Minnesota Cities' local government aid formula is a significant improvement over the existinq local government aid formula; Now therefore, be it resolved that the Municipal Legislative Commission endorses and supports the League of Minnesota Cities local government aid formula distribution if fully funded; and Be it further resolved, that distribution of any additional local government aid funding over 1985 funding levels should be prorated against the increases due under the fully -funded League formula. MUNICIPAL 7900 Xerxes Avenue South C7 ^►7� Suite 1500 ML( LEGISL.t�l ! V L Bloomington. Minnesota 55431 COMMISSION (612) 338-6610 _-- xp1anation of the t Municipal Lecislative Cor^!r,ission's Local Government Aid Distributio.^, Policy On February 21, 1985, the Board of Directors of The Municipal Legislative Commission adopted a local government aid distribution policy based on the League of Minnesota Cities pure formula. Although the MLC endorses and supports the League of Minnesota Cities formula it believes that the distribution of new LGA dollars should be modified to allow cities which have been penalized under the old LGA formula an opportunity to reach the "pure formula" at a faster rate of increase than the League's proposal. This memorandum will'. explain, using examples, how the MLC's distribution method would be implemented. simply stated the MLC believes that the League's pure formula amount should be the base from which to determine local government aid increases. Those cities which are furthest from the pure formula allocation amount should receive proportionately more new dollars than those cities close to their pure formula allocation. EXAMPLE 1 1985 Aid Pure Formula Aid City A $90,000 $200,000 City B $150,000 $200,000 In Example 1 City A would receive a greater percentage of new LGA dollars than Citv B under the MLC approach. Linder the League's plan if loo more dollars were appropriated each city would receive a loo increase in aids until they reach their pure formula amount. Only when City B arrives at the pure t formula amount will its percentage growth rate slow. (Under the League's proposal growth rates for cities that are at the pure formula will only receive a 1° increase in aids each year.) Under the Municipal Legislative Commission's implementation plan the increase in aids will be based on the difference between what they would receive under the pure formula less what they received in the current year. 7VLMDT V 7 1985 Aid Pure Formula Aid Difference City A $90,000 $200,000 $110,000 City B $150,000 $200,000 $50,000 One further step must be performed to determine the percentage increase that will be applied to the difference between the pure formula and the amount of current aid. This factor is determined as follows: Dollar Increase in LGA Appropriation _ Percentage to apply against Pure Formula Cost Minus difference Current Year Appropriation Using 1985 as an example and assuming a loo increase for 1986 aids the formula would be computed as follows: - 1985 appropriation = $265 million - 10% increase for 1986 aids = $26.5 million 26.5 - Cost of pure formula = $402 million 137 = 19.3% - Difference between pure formula and 1985 appropriation (402-265) _ $137 million 2. If the increase were only 4.5% the formula would be: - 1985 appropriation = $265 million - 4.5% increase for 1986 aids = $11.9 million 11.9 _ - Cost of pure formula = $402 million 137 8'7` - Difference (402-265) _ $137 million This percentage is then applied against the difference determined under Example 2. Example 3 illustrates this procedure. 1985 Aid Pure Formula Aid Difference MLC IMPLEMENTATION EXAMPLE 3 (10% increase in appropriation) City A $90,000 $200,000 $110,00 % Factor 19.30 $ Increase (% Factor $21,230 Multiplied by Difference) % Increase 111,230 23.5% City B $150,000 $200,000 $50,000 19.3% $9,650 159,650 6.4% If the League of Minnesota Cities implementation were used the distribution would be as follows: Pure Formula Aid Difference LEAGUE IMPLEMENTATION EXAMPLE 4 (10% increase in appropriation) City A City B $90,000 $150,000 $200,000 3. N/A $200,000 N/A Factor 10% 100 $ Increase (% Factor $9,000 $152,000 Multiplied by 1985 Aid) 1986 Aid $99,000 $15,000 ° Increase 10% 10% It is important to understand that all cities will arrive at their pure formula amount on the same future date whether the Legislature uses the Municipal Legislative Commission's implementation or the League's implementation policy. The difference being that those cities furthest from the pure formula amount will receive greater percentage increases than those cities closer to being fully funded. The MLC believes this is a more equitable method of distributing new LGA dollars because it reduces the present disparities more expeditiously than the League's "equal percent" plan. It must also be mentioned that the MLC has not taken a position on the appropriation level. Both the League's and the MLC's distribution formulas can be implemented if there is any increase in the LGA appropriation. The factors which will determine when all cities become "pure formula" cities depends on the amount of future legislative appropriations for local government aids and the increase in the cost of funding the pure formula. 4. MUNICIPAL 7900 Xerxes Avenue South Suite 1500 IL( LMISLA= Bloomington, Minnesota 55431 COMMISSION (612) 338-6610 1986 LOCAL GOVERNMENT AIDS* Assumes 4.5% Increase In Appropriation *These numbers will vary slightly from computer runs due to rounding. Pure 1986 LGA Per Cent 1986 LGA Per Cent City 1985 LGA Formula League Increase MLC Plan Increase (000) (000) (000) (000) Austin $2,666 $4,786 2,766 3.75 $2,850 6.9 Bloomington 2,402 4,738 2,492 3.75 2,605 8.4 Brooklyn Park 1,781 3,172 1,848 3.75 1,902 6.8 Coon Rapids 2,123 3,448 2,203 3.75 2,238 5.4 Crosby 205 495 213 3.75 230 12.2 Detroit Lakes 725 821 752 3.75 733 1.1 Duluth 10,528 25,510 10,923 3.75 11,831 12.4 Edina 551 1,466 1,132 105.5 631 14.5 Eden Prairie 274 966 531 93.8 334 21.9 Ely 516 1,357 535 3.75 589 14.1 Jackson 403 802 418 3.75 438 8.7 Litchfield 502 807 521 3.75 529 5.4 Little Fork 63 197 65 3.75 75 19.0 Mankato 3,512 4,648 3,644 3.75 3,611 2.8 Maplewood 1,277 1,436 1,325 3.75 1,291 1.1 Minneapolis 58,041 76,538 60,218 3.75 59,650 2.8 Minnetonka 1,583 1,847 1,642 3.75 1,606 1.5 Moorhead 2,282 5,180 2,368 3.75 2,534 11.0 Silver Bay 155 909 161 3.75 221 42.6 St. Paul 33,863 45,689 35,133 3.75 34,891 3.0 Tracy 323 737 335 3.75 359 11.1 Walker 148 180 154 3.75 151 2.0 Winona 2,658 4,886 2,758 3.75 2,852 7.3 Woodbury 430 574 446 3.75 443 3.0 *These numbers will vary slightly from computer runs due to rounding. 3 --4 N I I I i I 1 m N h-' On 1 Q1 W V r+- C7) + a1 I I 1 1 I 00 Ul eo N 1 1 O w l0 N l0 I 1 1 1 I 1 N ? N 1 -+ m Ul �- I.TI kD 11 1 1-- 1 r -+ OO Ul N tD Ql ? N co V m o s Io � o CD o � rO as 0 'S O rl) 0 M c a i1'o I.n o � N � m O t0 � "Ti co !'+ cn r•+ r � b m z z c z Q m �a o r a J 0 �• z n a c r+ o r - o c 3 N m v m -c A m -1 m m a a a s 0 0 CD N N << C-+ S !D J J. tO v m v a r+ m r+ LA c r 7O f) � T T T T N -i d w mN -•. a o M o c c c �• '1-� z r+ on v v a f° A Q6 n (D v o o 00 a n c c) 10 10 Do N m -.d 0 c � �• o o � � �• -� � 10 rD a a m > > v+ vl N .� .•. m 00 a o a L7 N ; d C+ .s fn rt 4A �- m \ N CCD'� !"I M N d r d W Vf (D '0 N N pr J O N m J * O o vo �o J r+ n r+ vl O 4r+ e+ � � m d N C+ O N N 3 --4 N I I I i I 1 m N h-' On 1 Q1 W V r+- C7) + a1 I I 1 1 I 00 Ul eo N 1 1 O w l0 N l0 I 1 1 1 I 1 N ? N 1 -+ m Ul �- I.TI kD 11 1 1-- 1 r -+ OO Ul N tD Ql ? N co V m o s Io � o CD o � rO as 0 'S O rl) 0 M c a i1'o I.n o � N � m O t0 � "Ti co !'+ cn r•+ r � b m z z c z Q m �a o r a J 0 �• z n a c r+ o r - o c 3 N m v m -c A m -1 m m a a a s 0 0 CD N N << C-+ S !D J J. tO v m v a r+ m r+ 1 1 1 ) 1 1 I 3 1 1 1 MONTHLY PERMIT ISSUANCE BUILDING PERMITS Public Comm/Ind/New Alteration Residential Multi -Family Remodeling Foundations Garage 10111 w" VALUATION/PERMITS Public Comm/Ind/New Alteration Residential Multi -Family Remodeling Foundations Garage TOTALS OTHER PERMITS Plumbing Mechanical Signs Grading Wells Moving Septic/Removal Demolish TOTALS VALUATION/OTHER PERMITS Plumbing Mechanical Signs Grading Wells Moving Septic/Removal Demolish TOTALS BUILDING PERMIT FEES PLAN CHI=CK FEES SAC FEES CERTIFICATE OF OCCUPANCY Law CURRENT Y.T.D. 1984 L . Y . 'T' . D O 0 0 0 0 0 5 23 3 7 46 71 50 64 0 0 0 0 _._ -_---- 16 28 1.8 33 0 0 O O 68 1.23 '72 105 0 360000 0 O 0 0 0 0 52700 946626 86250 259250 3928950 6067518 4026487 5356369 O 0 0 0 56523 56523 1.58295 262072 0 0 0 0 3220 3220 5024 5024 4,011,393 7,433,1387 4,276,056 5,882,715 67 1.44 80 193 43 1.21. 54 125 11 1.4 20 2A 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.21 279 154 28c' 3,016 6221 3601 6376 1.61.9 1447 7329 9328 255 DOD 300 360 U 0 O O 0 30 30 30 0 0 O 0 0 0 U O O O O 4,890 10,998 11,260 16,094 10,070 10,070 18 , 8'78 9,991 9,991. 9,991 9,991 19,550 19,550 19,550 P9 4:3 22 45 C -L► a BILL FRENZEL MINNESOTA OFFICE: THIRD DISTRICT, MINNESOTA - --- -- MAY ETH CHRISTENSEN Room 445 6120 PENN AVENUE SOUTH WASHINGTON OFFICE: 1026 LowoWORTN SIN,0111G �oligieg� of theniteb �tateg `IOOMINGTON, MINNNE{OTA 55431 612-89"800202-226-2871 jouge of 3&eprt0tntatibeg Mobington, M.C. 20515 February 27, 1985 't i Mr. James G. Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: I would like to take this opportunity to let you know that I have asked Ms. Maureen Shaver of my Minnesota office to act as my repre- sentative to community and local organizations in your area. Maureen will act as a liaison between local government and elected officials and my congressional office. She will keep you informed of federal issues affecting your community and provide information when requested. It is my hope that you will, in turn, keep her informed of community activities that may require Congressional attention. In the next few months, Maureen will be calling to arrange meetings with officials from your area. =If, in the meantime, you have any questions, please contact Maureen in my district office at (612) 881-4600. BF:js Yours ver truly, Bill Frenzel Member of Congress THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FISSRS JEFF SPARTZ co PHONE CHAtuuN �uuss� BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 554W March 1, 1985 Mr. Fred Clark 16125 4th Avenue North Plymouth, MN 55441 Dear Mr. Clark: The four Citizen Advisory Committees who served the Urban Hennepin County Community Development Block Grant Program are illustrative of the excellent tradition of citizen interest and participation in Hennepin County governmental affairs. I know that considerable effort was expended by each Committee in reviewing, advising, recommending and watchdogging program development and implementation. The work of the Committees was instrumental in effectively programming nearly $32,000,000 in vital community development activities over the past ten years within the forty-four communities constituting Urban Hennepin County. Thank you for your valued personal -.contribution to this important program of intergovernmental cooperation. As we progress toward the next decade of community development in Hennepin County, I am certain that the sound foundation laid by concerned citizens like you will aid immeasurably. Sincerely, Cardiif artz,en County Commissioners ps cc : Mayor David J. Davenport JEFF SPARTZ 4 FIN cPHONE CHAILMAN , G 348-3085 Nkt�O BOARD OF HENNEPIN COUNTY COMMISSIONERS 2400 GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487 March 1, 1985 Mr. Mark Eckes 12231 Highway 55 Plymouth, MN 55441 Dear Mr. Eckes: The four Citizen Advisory Committees who served the Urban Hennepin County Community Development Block Grant Program are illustrative of the excellent tradition of citizen interest and participation in Hennepin County governmental affairs. I know that considerable effort was expended by each Committee in reviewing, advising, recommending and watchdogging program development and implementation. The work of the Committees was instrumental in effectively programming nearly $32,000,000 in vital community development activities over the past ten years within the forty-four communities constituting Urban Hennepin County. Thank you for your valued personal contribution to this important program of intergovernmental cooperation. As we progress toward the next decade of community development in Hennepin County, I am certain that the sound foundation laid by concerned citizens like you will aid immeasurably. Sincerely, a,` 4Spartz, J Chairman oard of County Commissioners ps - rt : - -mayor David J Davenport �� _ C -9 C CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447' j TELEPHONE (612) 559-2800 MEMO i DATE: March 6, 1985 TO: City Manager dames G. Willis 1 FROM: Community Development Director Blair Tremere SUBJECT CONCERNS EXPRESSED BY MRS. CLAIRE SHERMAN, 11009 HIGHWAY 55 This is in response to the February 28, 1985 memorandum you received from Mayor Davenport regarding a call he received from Mrs. Sherman. Mrs. Sherman correctly notes that the debris and other material in the ditch has not been cleaned up despite her calls last fall. I am disappointed that Mr. Kennedy, the owner of the property, did not follow through as he said he would. When I contacted him late last fall, he noted that the water had frozen in the ditch and that he would undertake prompt cleanup efforts when the thaw had occurred. That is Just happening now and, frankly, I had given him that amount of time to get the Job done. I had informed Mrs. Sherman of that, but she does not recall the telephone conversation. In any case, I have again written to Mr. Kennedy and to Mrs. Sherman regarding this matter. We have scheduled an inspection of the site at the end of the month, and I will see that the appropriate Ordinances are enforced if necessary to assure that this environmental problem is taken care of.- BT/gw Attachments March 6, 1985 Mrs. Claire Sherman 11009 Highway 55 Plymouth, MN 55441 Dear Mrs. Sherman: f �. CITY OF PLYMOUTFF I appreciated the opportunity to talk with you on Tuesday after it came to my attention that you had a continuing concern about the debris in the ditch on your neighbor's property adjacent to the carwash. When I wrote you last year I indicated I would be in touch with the property owner to correct the matters that you had brought to our atten- tion at that time. I did write to the property owner and I talked with the property owner about the need to clean up the debris and other matter which apparently has been left by carwash patrons. A re -inspection of the site later in the fall had indicated that the cleanup had not been completed; unfortunately, the water in the ditch had frozen and we concluded that the cleanup efforts would best be undertaken this spring once the thaw had occurred. I do recall telling you that; apparently you do not recall our conversation. In any case, I have again written to the property owner informing him that the ditch needs to be cleaned and that regular maintenance activity as well as proper trash dis- posal facilities should keep the problem from re -occurring. We: appreciate your concern about maintaining the quality of life in your neighborhood and in the City, and I appreciate your efforts to minimize the opportunities for mos- quito breeding especially in areas such as this where there is standing water. I have indicated to the property owner that the cleanup should occur within 30 days, and I have scheduled a re -inspection of the site at that time. I will keep you informed as to the status of this matter. Thank you for your efforts to, bring it to our attention. Sincerely Blair Tremere, Director Comnunit-y Development BT/gw cc: City Manager James G. Willis File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 March 6, 1985 Mr. Gerald Kennedy 405 Shelard Plaza West St. Louis Park, MN 55426 1�i `► CITY OF PLYMOUTR RE Plymouth Shopping Center/Mother's Carwash Site Dear Mr. Kennedy: You will recall our correspondence last year regarding activities that were occurring on your property, specifically the filling operation as well as the carwash operation. I brought to your attention the debris and trash which apparently is being generated by the carwash patrons; the trash and debris including bottles, an old tire, and other matter has been tossed into the ditch which runs across your property adjacent to the carwash. A neighbor has recently again complained that little cleanup has occurred; my inspec- tion of the site confirms this. Please take the necessary steps this spring to clean out the ditch of all debris and other matter; furthermore you should take steps to see that proper trash receptacles are provided on the site. The ongoing operation of the carwash should include regular site cleanup of the immedi- ate site, as well as of the surrounding property. Neighbors rightfully expect that this development -- both the carwash and the shopping center -- should be operated and maintained in accordance with community standards in mind, particularly with respect to proper trash and refuse disposal. I realize that portions of the water in the ditch are still frozen and therefore, re- moval of some of the debris could be difficult until the full thaw has occurred. I be- lieve it is reasonable to expect that the necessary cleanup of the ditch and surround- ing site can be completed within 30 days from the date of this letter. I believe if you personally inspect the property you will observe the problem as witnessed by your neighbors and by City staff. Should you have questions regarding this Dlease call me. Sincerely Blair Tremere, Director Community Development BT/gw cc: City Manager James G. Willis File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE:_ February 25, 1985 TO: Mayor and Council FROM: Dave Crain SUBJECT EROSION CONTROL ON PUBLIC WORKS PROJECTS As we move towards implementation of the 1985 public works projects, I want to express my concern about erosion control. I believe we are making good progress in improving erosion control on private developments. However, I beleive we have not "practiced what we preach" on our own projects. As a specific example, I would cite the Skyline Hills project. Last falls rains resulted in heavy silt runoff to the north and south. I believe we should start enforcing our erosion control policy on public projects. HDC/mm cc: Jim Willis Fred Moore S�, e/'^� FI e -s e. Fr e Parc CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 e DATE: March 1, 1985 MEMO TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Erosion Control on Public Works Projects Attached is a memo from Sherm Goldberg, City Engineer, with regard to our erosion control measures on City public works projects. This memo in particular addresses the Skyline/Sunrise Hills project and the Northeast Interceptor Sewer. This memo is in response to a memorandum from Councilmember David Crain dated February 25, 1985. All of the specifications for our 1984 and 1985 projects include provisions for erosion control measures. Both Sherm and I will be monitoring our consulting engineers and our contractors to insure that these measures are installed and maintained. It is our intent that all of the City contracts will either meet or exceed the requirements in our erosion control policy. Fred G. Moore, P.E. FGM:bw Attachment: Memo cc: Sherm Goldberg CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 e DATE: February P, 1985 MEMO TO: Fred Moore, Director of Public Works FROM: Sherman Goldberg, City Engineer SUBJECT: Erosion Control on Public Works Projects In response to Councilmember Crain's memo to the Mayor and Council dated February 25, 1985, I am submitting some information relative to the types of erosion control used on last year's public works projects. With respect to the Skyline Hills project, because of the steepness of the terrain in the area it was very difficult to do an adequate job of controlling the erosion from the rains last fall, especially during heavy rains. We have placed hay bales around the catch basins but they have been demolished during the winter snow plowing. The following are the steps we will be taking to try and control the erosion for that project: Replace the hay bales around the catch basins at the intersection of 48th Avenue North and Wellington Lane. From there the water runs into the marsh area immedi- ately south of the plat. At the discharge from the storm sewer we have constructed a sump in order to trap some of the sedimentation. We will also put silt fence around that northern section, as well as the ditch which drains the marshland to the south and to the Rolling Hills plat. fde will be able to trap the sedimentation in that ditch and will be able to contain it by the installation of silt fence and/or hay bales. Some silt fence was installed last fall in the low areas in order to contain any of the erosion onto undisturbed properties. Some of that is still up, but more needs to be placed and will be done. I feel that the silt fence and/or hay bales, together with the trapping of the sediment in the ditches and existing con- structed sump should provide for containment of the erosion. It will provide us a place to trap the sediment, which then can be dug out when it becomes necessary. Once the concrete curb and gutter and bituminous pavement is in place, together with the revegetation of the disturbed areas, the majority of the trouble spots should be taken care of. - I might point out that sufficient erosion control methods were installed on the Northeast Sanitary Sewer Project No. 903. This project was semi -monitored by the DNR and we had no complaints from them. As you are aware and I am sure Councilmember Crain is aware, it is a difficult task in trying to implement the erosion control policy. We will take adequate steps to make sure that we are not providing a double standard when it comes to enforcement of the erosion control policy. Sherman L. Goldberg, P.E. SLG:bw March ?, 1985 —_ De ar Dai, e ; 0 -CI e-.. Thank you for your letter re -appointing me as a City of Plymouth representative to Wayzata #284 Community Education Committee. Hoi,jever, the By -Laws state that no member shall serve more than two consecutive terms on CEC. Therefore, Jim Brandl requests that the Cit.;• of Flymouth appoint a new representative as soon as possible. I might suggest one of my fellow Park Commissioners as being appropriate, since our activities interface ver;, closely with the CEC programs. I have enjoyed the challenge and development of the Community Education Program within our district.Thank yo.; for al1owirig me to serve the City of Plymouth in this capacity. Best wishes to you in this snowy spring Barth and beyond! Sincerely, C i ROBERT D. MUELLER 4612 ROSEWOOD LANE MINNEAPOLIS, MINNESOTA 55442 March 1, 1985 Ms. Maria Vasiliou 18325 - 31st Avenue North Plymouth, Minnesota 55447 Dear Ms. Vasiliou: 0 C_9� I am a new Plymouth resident. I live at 4612 Rosewood Lane, north of Rockford Road, and east of West Medicine Lake Road. over the past few months I have heard a loud and sustained noise not unlike an airplane jet engine. My inquiries lead me to believe it canes from an air or wind tunnel operated by Fluidyne Engineering Corporation at their lab. The lab is located just west of Highway 494 and about a mile north of Rockford Road. The noise is most noticeable during the quiet nighttime hours. I have heard it frau time to time later at night (midnight), or early in the morning (3 a.m. to 5 a.m.). The people in the Plymouth City offices and the Plymouth Police Department have been helpful in tracing the noise, and in efforts to help curb its occurrence. I am writing this letter to each of you to acquaint you with this situation if you don't know of it already. I have reason to believe same "official" contact may have taken place with Fluidyne people as a result of sane of my inquiries, as well as frau other citizens. I am not certain where this all stands at present, however. I would appre- ciate whatever help you can give to ensure these loud objec- tionable noises don't occur during nighttime hours. Sincerely, MM: je oc: Mayor David Davenport Patricia Hoyt -Neils Virgil Schneider David Crain CITYOF March 7, 1985 PLYMOUTR Mr. Robert D. Mueller 4612 Rosewood Lane Minneapolis, MN 55442 Dear Mr. Mueller: The Council has asked that I respond to your letter of March 1, 1985 with respect to early morning noise emanating from the wind tunnel operated by Fluidyne Engineering Corporation. You and I have discussed this matter twice on the phone and I know that our community service officer, Jane Laurence Cooper, and Public Safety Director Carlquist have also spoken to you. As a result of your calls, Public Safety Director Carlquist has discussed the matter with representatives of Fluidyne, advising them that City ordinance prohibits excessive noise during the hours of 10:00 p.m. to 7:00 a.m. In the subsequent telephone conversation I advised you that Public Safety Director Carlquist had had this conversation with Fluidyne representatives and that the only effective way for the City to enforce the ordinance is to observe the excessive noise actually occurring. Consequently, I provided you with the Hennepin County dispatch administrative number of 545-9411 and asked that you telephone them in the event that this noise occurs during the late evening or early morning hours. Hennepin County would then dispatch a Plymouth car to the site to verify that excessive noise ws occurring and whether a citation should be issued. We appreciate your bringing this matter to our attention and encourage you to contact us promptly in order that we can take the necessary steps to eliminate the noise problem. Thanks again for your input. Yours very trul �^^'f� Frank Boyles Assistant City Manager FB/lh cc: Mayor and City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 e DATE: March 6, 1985 MEMO TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: New County 9 within Westridge Estates Addition I received a telephone call today from Sally Olson (338-7072), who is representing a committee of residents living within the Westridge Estates Addition and is concerned with the location of New County Road 9. I believe a portion of their concerns surfaced at the February 19 Towm Meeting. Several of the residents within the Westridge Estates Addition have met and formed a committee of ten or twelve people. This committee is gathering information with regard to the New County Road 9 alignment. It is my understanding that the residents all live on the east side of Larch Lane and does not include the residents within the manor home area. I have arranged a meeting with this committee in order to discuss the County Road 9 alignment. I would be presenting the City's adopted Thoroughfare Guide Plan and the platting of the road right-of-way as it occurred with the Westridge Estates Addition. This meeting will be held at 7:30 p.m. on March 12, 1985 in the Council Conference Room. I have also requested that a staff member from the Hennepin County Department of Transportation attend this meeting. It is my understanding that after this committee gathers their necessary informa- tion, they will be submitting a letter requesting discussion of the County Road 9 alignment with the City Council. Please let me know if you wish to attend this meeting or wish any additional information. Fred G. Moore, P.E. FGM:bw