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Council Information Memorandum 03-22-1985
t CITY OF PLYMOUTFt CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 UPCOMING MEETINGS AND EVENTS...... 1. PLANNING COMMISSION -- Wednesday, March 27. The Planning Commission will meet at 7:30 p.m. in the City Council Chambers. Agenda attached (Attach - M-1) 2. NEXT COUNCIL MEETING -- The City Council will meet on Monday, April 1 for its next regular meeting. 3. TOWN MEETING -- Monday, April 8, 7:00 p.m. Town Meeting for residents living north of 36th Avenue, east of Brockton Lane, west of I-494, and south of 62nd Avenue, excluding the area east of Dunkirk Avenue from 36th Avenue to 45th Avenue and the area east of Vickburg from 45th Avenue to 36th Avenue. A copy of letter notify- ing residents of the meeting is attached. (Attach - M-3) 4. TWINWEST CHAMBER LEGISLATIVE BREAKFAST -- Friday, April 5, 7:30 a.m. at the Golden Valley House, 4820 Olson Highway. 5. APRIL CALENDAR -- The April calendar of meetings and events is attached. Attach - M-5) FOR YOUR INFORMATION..... 1. COUNTY ROAD 9 IMPROVEMENTS -- Following last week's Plymouth Forum, a meeting was held between some interested neighbors, represen- tatives of the City and Hennepin County on the new County Road 9 alignment. A copy of a memo from Fred Moore dealing with this subject is attached. I am also attaching for information a copy of a memo from Fred which contains a map illustrating average daily traffic records for various portions of County Road 9 and County Road 10. The graphic also contains Year 2000 traffic projections. Based upon Fred's meeting with the County, I believe we can count on new traffic projections for these roadway segments in the near future. (Attach - I-1) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 2 2. ASSOCIATION OF METROPOLITAN MUNICIPALITIES - NOMINATION FOR BOARD OF DIRECTORS -- At the annual meeting of AMM, officers are due to elected. A nominating committee has been formed to recommend a slate. The office of president, vice president, and nine directors are to be elected. Due to the two term limitation and Board resignations, there will be a minimum of four to five new Board members to be elected. If any member of the Council would desire to be nominated to the AMM Board, they request that we request a submit brief resume of that individual to the AMM office not later than Monday, April 15. 3. ANNUAL MEETING OF ASSOCIATION OF METROPOLITAN MUNICIPALITIES -- The M annual meeting will be held Thursday evening, May 30. The location for this annual meeting has not yet been selected, however, you may wish to mark your calendar now if you would like to attend. 4. CABLE TELEVISION TRANSFER -- The Negotiating Committee of the Northwest Suburbs Cable Communication Commission and representatives of Storer Cable and Hauser Communications have reached an under- standing with respect to the transfer of the Storer franchise to Hauser. The attached memorandum outlines the extent of the changes we are recommending. (Attach - I-4) Thursday morning the Cable Commission received a report of the Negotiating Committee and has set a special meeting for Thursday, March 28 at 7:30 a.m. to further discuss and vote upon the memorandum. A unanimous vote of the commission members present is required to approve the memorandum. Assuming that a favorable vote is obtained, the Commission, staff and representatives for Hauser will still have to complete the redrafting of the franchise language pursuant to the memorandum, which in turn, will be voted upon by the Commission on April 25. Assuming that the timetable is maintained, the transfer of the franchise should be completed on or about May 1. The essential components of the negotiations are as follows: 1. The Cable Commission, through the Community Television Corporation (CTC), will assume access and local origination responsibilities. This will include ownership of all of the present local originator equipment with the exception of some of the equipment in the current Brooklyn Park facility. In addition, the Commission will be required to locate its main production facility and offices at some site other than the current Brooklyn Park studio. The company will provide additional funding beyond the 5% franchise fee to pay for access and local origination. Originally, this will be based on a fee of 45¢ per month and will increase 3% per year effective January 1, 1986. CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 3 2. The Company will be able to increase its basic rate to $2.00 per month from $8.45 to $10.45 effective 30 days after transfer. In addition, the family rate (first 30 channels) will increase from $4.25 to $7.95 on the same date. It is interesting to note that no one spoke at the February 28 public hearing with respect to the rates. 3. The Company would be required to assume the same responsi- bilities for construction of the home subscriber network in the initial service territory as contained in the existing franchise. The line extension policy for those areas outside of the initial service territory has been modified slightly. 4. Dual cable system. The Company will be required to continue the construction of the "B" cable, although it will not be required to energize that system. Further, they may deactivate existing "B" cable until it is determined that it is needed. Finally, future installations to homes will not include the "B" cable. If at some future time the "B" cable is energized and a subscriber wants a "B" cable service, the cost for installing that service will be identical to a customer which currently has a "B" cable drop. 5. Institutional Communications Network (ICN). The ICN is an interactive network designed to provide two-way communications between users. The existing franchise provides that 40% of the ICN is available for public/non-profit agencies. We have agreed that the ICN is constructed in accordance with the franchise and further, that there are approximately 40 potential ICN users which do not currently have the drops required. The Company will give the Commission $75,000 to provide these drops if, in the Commission's judgement, such drops are warranted. The Company has estimated that the cost of providing drops to all those who have requested it would total approximately $87,000. The individual cost estimates provided by the Company will be guaranteed for each specific location if installation is made to the ICN before November 1, 1987. I do not anticipate that all those who have currently requested it will, in fact, need or really require connection to the ICN. Because it was "free" to such agencies, they indicated a desire to be connected. Additional public/non-profit users in the future will be required to pay the cost of extending the ICN line to their facilities. 6. Other Issues. Three other issue areas were discussed and agreed to. The first being our agreement to continue the deferral of certain services which are not currently available, but which may become available in the future. Second, agreement on the enforceability of the revised franchise commitments because of new federal legislation; and three, the Committee's agreement to reduce the performance bond to $100,000 from $500,000 in recognition that essentially all the initial construction has been completed. CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 4 5. PLYMOUTH METROLINK - FEBRUARY REPORT -- Show below is a table displaying our average daily ridership for the commuter/ reverse commuter, internal circulator and total system for each week of February. The second table displays the year to date averages in each service area compared with the target which we must achieve in order to have a successful project. MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE FEBRUARY 1985 SERVICE TYPE Commuter/ Internal Total Reverse Commuter Circulator System WEEK OF: 2/1 - 2/3 309 47 356 2/4 - 2/10 307 44 351 2/11 - 2/17 297 50 347 2/18 - 2/24 273 65 338 2/25 - 2/28 ----------------- 288 35 323 ------------------ MONTH LONG ------------- ---------------- AVERAGE 292 50 342 YEAR TO DATE Item Commuter/ Reverse Commuter Internal Circulator Total System YEAR TO DATE RIDERSHIP AVERAGE 300 50 350 TARGET 288 25 313 % OVER/(UNDER) TARGET + 4% +100% +12% CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 5 A number of observations are in order: 1. Entering into the second year the internal circulator has established itself as the strongest component of the program, carrying an average of 50 passengers per day or twice the amount we originally anticipated. Records shows that peak routes for this service are the first in the morning and the last two in the afternoon. Peak days are Fridays, Saturdays, and Sundays. The average ridership for January was 51 persons per day. 2. The commuter/ reserve commuter portion of the service averaged 292 persons per day in February. While this is above target, it is less than the 307 passenger average in January, 1985. Our combined year to date ridership for commuter/reverse commuter service exceeds our target by only 4%. February commuter/ reverse commuter figures were dampered by the President's Day holiday which occurred in the week of February 18-24. 3. Compared with February 1984, total ridership on average has modestly increased. In February 1984 commuter/reverse commuter ridership averaged 310 persons per day, while the internal circulator averaged 25 persons per day, for a total system average of 335. In February 1985, the commuter/reverse commuter average was 292, and the internal circulator averaged 50, for a total system average of 342. 6. LITIGATION - SUMMONS AND COMPLAINT FILE ON BEHALF OF CRAIG QUIGGLE Y HIS FATHER DU NE QUIGGLE -- This claim has been filed as a result of an accident in which Craig Quiggle was fatally injured following his pursuit by Plymouth and other police officers on November 20, 1984. The claim has been tendered to our insurance carrier for defense. (Attach - I-6) 7. WEIGHT RESTRICTIONS OF CITY STREETS -- On Monday, March 18 weight restrictions on highways and streets went into effect and will remain in effect until the frost has left the street sub -base, or until May 15. Attached for your information is a memorandum from Fred Moore describing weight restrictions placed on City streets. (Attach - I-7) 8. FISCAL DISPARITIES -- The attached memo from Scott Hovet provides a brief summary and observations on the Fiscal Disparities Act Study Committee's report dated February 1985. (Attach - I-8) 9. NEWSPAPER ARTICLES -- The following articles are attached for your information: a. Article from Minneapolis Star and Tribune dealing with population shifts and its affects on local school districts. (Attach - I -9-a) CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 6 b. Article from March 21 Minneapolis Star and Tribune comparing municipal tax rates. (Attach - I -9-6 c. Article from recent issue of Citibusiness on the suburban office market and vacancy rates. (Attach - I -9-c) 10. MINUTES - The following minutes are attached: a. Planning Commission meeting, March 13, 1985 (Attach - I -10-a) b. Elm Creek Conservation Commission, March 13, 1985 (Attach - I -10-b) 11. SPRING WATERMAIN FLUSHING PROGRAM -- The schedule for flushing of City watermains this spring is: Area Date Industrial areas both sides of I-494 April 10, 11, & 12 Residential areas west of I-494 April 15 - April 25 Residential areas east of I-494 April 29 - May 10 Attached is a copy of the flushing schedule for each day during this period. Announcements of this schedule will be published in the Post and Wayzata Weekly News. Additionally, the City's local cable t.v. channel 7 will also broadcast the schedule. (Attach - I-11) 12. DRUG & ALCOHOL AWARENESS AND PREVENTION PROGRAM -- The Wayzata Area Chemical Health Commission will be presenting on Wednesday, April 17 from 7:30 to 9:30 p.m. at the Plymouth City Center a "Please Don't Do Nothing" drug and alcohol awareness workshop. A copy of the Commission's flyer is attached. (Attach - I-12) 13. EMPLOYEE DISABILITY -- Attached is an accident report filed by Police Officer David Thompson regarding a back injury he sustained assisting a patient back to Mission Farms Nursing Home. Officer Thompson reinjured his back which had been injured earlier this year in a scuffle with an intoxicated person. Officer Thompson has been hospitalized for this condition since March 13. We are advised that he will be disabled a minimum of eight weeks. After that time, a specialist will examine his back to determine the extent of the injury. The doctors may find either a permanent partial or permanent total disability which may preclude Mr. Thompson from resuming police service with the City. Anticipating this, I have asked the Public Safety Director to prepare to fill one of the now four vacancies on the department in order that we will be able to continue to render police services to the community. (Attach - I-13) CITY COUNCIL INFORMATIONAL MEMORANDUM March 22, 1985 Page 7 14. COUNCIL FOLLOW-UPS: a. Town Meeting Feedback Responses -- Staff responses to resident feedback forms are attached for your information. (Attach - I -14-a) b. Overnight Parking Ban -- Councilmember Crain was recently contacted by the Shenandoah Homeowner's Association concerning parking problems Shenandoah residents were experiencing with the city ordinance banning overnight parking. A copy of the Homeowner's Association letter to Dave Crain is attached. Also attached is a letter to Nadine Hondl, Association Secretary, from Frank Boyles responding to their concerns. (Attach - I -14-b) 15. CORRESPONDENCE: a. Letter from Mr. Bob Mueller, 4612 Rosewood Lane, in response to Frank Boyles' letter of March 7 regarding noise from Fluidyne Engineering. (Attach - I -15-a) b. Letter to Senator Robert Schmitz, Chairman of the Local & Urban Government Committee, from Mayor Davenport, supporting passage of S.F. 99 regarding the election of Hennepin County Park Reserve District Commissioners. (Attach - I -15-b) James G. Willis City Manager JGW:Jm attach PLANNING COMMISSION MEETING --AGENDA WEDNESDAY, MARCH 27, 1985 WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 2. ROLL CALL 3. CONSENT AGENDA *4. APPROVAL OF MINUTES 5. PUBLIC HEARINGS 7:30 P.M. MARCH 13, 1985 A. Robert Middlemist. Conditional Use Permit Amendment for Robert Middlemist 6th Addition located northeast of Zachary Lane and County Road 9 (81041) B. Rosewood Corporation. Preliminary Plat, Site Plan, Conditional Use Permit and Variance for property located west of County Road 18 and north of future 53rd Avenue North (84084) C. Bass Lake Development Company. Mixed Planned Unit Development Concept Plan, Preliminary Plan/Plat, Rezoning, and Conditional Use Permit for Bass Lake Estates and Quinwood Commercial Center located in the northwest quadrant of Bass Lake Road and Hemlock Lane (84091) D. Sohn B. Waldron for Douglas R. Nelson and William Grandstaff Revocable Trust Agreement for Preliminary Plat and Final Plat for Montgomery 2nd Addition located southwest of 45th Avenue North and County Road 18 (85007) E. Kinder -Care Learning Center. Site Plan and Conditional Use Permit for proper- ty located west of County Road 18 and south of 45th Avenue North (85011) F. Kevin Thompson, Schlotzky's Sandwich Shop. Conditional Use Permit for a Class II restaurant in the Willow Grove Shopping Center at 20 Nathan Lane (85014) G. Tuff-Kote Dinol. Conditional Use Permit to operate a rust proofing, interior and exterior protection and sealing for automobiles at 11318 Highway 55; northwest of Highway 55 and South Shore Drive (85016) 6. OLD BUSINESS * A. hack Wenner, Plymouth Superettes, Inc. Site Plan Amendment, Conditional Use Permit, Lot Consolidation and Variances for property located east of Highway 101 and southwest of Highway 55 (84029) 7. OTHER BUSINESS 8. ADJOURNMENT 10:00 P.M. M-3 March 15, 1985° CITY OF PLYMOUTI-t Dear Plymouth Resident: SUBJECT: TOWN MEETING, APRIL 8 Because Plymouth is a developing community, there are many actions underway or in the planning stage which could impact upon you. In order to maintain open communication channels with residents of the community, I have sche- duled a Town Meeting for Monday, April 8 for residents of your area. In order to keep the meetings on an informal basis while dealing with specific topics of interest to you, the Town Meeting will be for residents living north of 36th Avenue, east of Brockton Lane, west of 494, and south of 62nd Avenue, excluding the area east of Dunkirk Avenue from 36th Ave. to 45th Ave. and the area east of Vicksburg from 45th Avenue to 36th Avenue. The Town Meeting is scheduled to begin at 7:00 p.m. in the Plymouth City Center. On the reverse side of this letter is a list of possible topics for discussion at the Town Meeting. If you have other matters of interest we will seek to address these also. I encourage you to join Councilmembers Crain, Schneider, Neils, Vasiliou and myself at 7:00 p.m., Monday, April 8 at the Plymouth City Center. We are anxious to meet you and look forward to this opportunity to meeting informally to discuss matters of mutual interest. If you have any questions about the Town Meeting, please feel free to call your City Clerk, Ms. Laurie Houk at 559-2800, ext. 204. DOD:jm 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 TOWN MEETING AGENDA AREA SEVEN April 8, 1985 _. 7s00 . —.m.- _ _ I. THOROUGHFARES A. County Road 10 improvement between County Road 18 and I-494 I. PARKS A. Park and Trail System Plan I. HOUSING & DEVELOPMENT A. Staged Development Plan/MUSA Boundary B. Urban Development Policy/Subdivision Code Variances C. Silverthorne D. Wooddale North V. PUBLIC SAFETY A. Police/Fire Report B. Neighborhood Watch Program V. OTHER ITEMS A. Public Transportation feedback - Plymouth Metrolink B. City Council meetings on cable television channel 7 M -- 57 C: 0 D ;. m z m 0 C C: D N N *1 cc m N m m Z v D V O W H go (1 �n a0t7l0 c7 D C7 7d 00" Ki n V H O C7 O m n 7d CG10 • H ro" n r -i V ro r l N n H V � n H ro w Cd n r H V 9 x+• r�-•• n r t74 rid r•• V r• Sao d r•• � 0 m O H C w n0n0 O rt w w•• nC,n7 D �r�0 0 H O V w MC)n E9 H z z O ro r O w G O ro O x r-4 Y z 5•• w O O r n CN n 0 C7 O N td C7 C+7 1 -1 r o N Cif• H qd r• CrJ 110O z Cil H 70 r c� W N ►r t0 N N t7l "Xi r•+ W z � z O n V n V C) N n V O .. n x H z c� Q� t0 N M -- 57 C: 0 D ;. m z m 0 C C: D CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 18, 1985 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECTNew County Road 9 Improvements As we discussed at our staff meeting this morning, I have researched our files concerning existing traffic counts data on County Road 9 and County Road 10. Attached is a map which we have compiled showing traffic count information on these two County roads for the period 1970 through 1983. I have also indicated on this map the projected traffic volumes for the year 2000. The traffic counts shown on this drawing are average daily traffic (ADT). Fred G. Moore, P.E. FGM:bw Attachment: Map 19 84 - for Soo 1483 - Q,35o 1980--7,450 1977-5,950 AU -4,930 1974- 4ra75 1972 - 4,G25 1970- 3,175 19 84 - N/^ 19 83 - Al/A. 1c18o - g, 350 1977 - t:,'100 197(.- 15,780 1974- Sjoo 1971- 5,050 1970 -4,(.50 1984- 1983- 10.30o 1460- 8050 a 19-74- 5,750 3 1974- 4,815 1972 - 3,475 IR70 - 3,750 CHMIDT LAXE Pro'eC+ed Co. ad. 9 19 ga - 11 ,90o d 1983 - t0, 80o J 31 19 80 - 9, 000 Q 1977 - 6,'lSO d1974- I c17 (e - 4, 650 pt 1974- 5,250 1911- 4,425 10,715 970 - 4,125 MEDICINE Proir-Jecl 2000 - 1-7.000 Co. Rc1.' 10 1984 - 15, 10o 191;3 - 13,700 d 1980 -12,300 J 31 1977 - 9, 500 Q 1974-' '7,450 d1974- (0,300 pt 19 la - S'050 10,715 197o -4,75 LAkE O v 2000 - V5,000 197 o - '7.100 Year - A DT xxxx x, xxx 1983- 11,900 19130- 10,4-00 ti 1477 - 1, O50 117(0- 10,715 d 1974 -(.,ISO 1972 - 5,950 197 o - '7.100 Year - A DT xxxx x, xxx CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 21, 1985 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT New County Road 9 Improvements At the March 18 Public Forum a group of concerned residents from the West Ridge Estates Addition met with the City Council concerning the alignment of County Road 9. At the conclusion of this meeting, Mr. John Vito, the spokesman for the group, requested that the City meet with Hennepin County officials to go over the data developed and the rationale for the proposed location of New County Road 9. A meeting was arranged by John Vito for 2:30 p.m., March 20, 1985 at the Hennepin County Department of Transportation office. In attendance at this meeting were the following people: Herb Klossner, County Engineer; Ted Hoffman, Chief Design Engineer; Tad Jude, State Senator; David Crain, Plymouth Councilmember; John Vito, association representative; Helm Winter, association representative; Fred Moore, Director of Public Works; Jamie Smith, Sailor newspaper reporter. Mayor Davenport was unable to attend the meeting but copies of the attached letter from Mayor Davenport to Vern Genzlinger, Associate County Administrator, were handed out to the persons in attendance at the meeting. Questions were raised and discussed by the Homeowners representative concerning the traffic projections for County Road 9, County Road 10 and Highway 55, also the population projections for the City of Plymouth. Ted Hoffman stated that he had found information where the County had completed plans for upgrading County Road 9 in 1958. This project was dropped in the early 1960's but as of this time he has been unable to locate any information concerning these plans and the reason the project was not constructed. Ted Hoffman also made the following statements with regard to the two road alignments (old alignment versus new alignment): 1. The new alignment provides a safer roadway because of the differences in the horizontal and vertical curvatures of the two roads. 2. The existing roadway has twenty—four private driveway accesses and eleven City street connections. (If a City street connection goes both north and south of the existing roadway, this is counted as two connections.) These private and public connections exist between West Medicine Lake Drive and Nathan Lane but do not count either one of these two intersections. The total number of connections is thirty—five. Memo - James G. Willis March 21, 1985 Page Two 3. The new alignment provides for only five access connections. Four of these would be for public streets and one for the Hennepin County Regional Park. 4. A tremendous cost factor which would be involved on attempting to place the new facility on the existing alignment would be the relocation and reconstruction of the existing utilities. This involves electric, tele- phone, cable TV, sanitary sewer, watermain and storm sewer. None of these reconstruction or relocation costs for the existing utilities would be involved on the new alignment. 5. Right-of-way acquisition on the old alignment would be very costly, since it involves approximately fifty property owners versus only two property owners on the new alignment. Ted Hoffman stated that they have requested the Minnesota Department of Transportation to provide them with the latest traffic projections for County Road 9 and County Road 10. They expect this information within the next two weeks. These traffic projections will be for the twenty year planning period. John Vito asked a question concerning the ultimate traffic projections for this area. I referred to the City's Comprehensive Traffic Plan which indicates a total ultimate traffic projection on Highway 55, County Road 9, Hamel Road and County Road 10 of 158,000 vehicles per day. I stated that this was the ultimate traffic projection. At the conclusion of the meeting John Vito stated that before he would be satisfied with the new alignment, he must be provided with a detailed cost analysis on constructing the required facility on the new alignment versus construction on the existing alignment. I stated that for any such study to be made in any detail would cost at least ten to twenty thousand dollars. Ted Hoffman stated that the County was not prepared to undertake such a study. Councilman Crain stated that he would relay this request to the other members of the Plymouth City Council. I believe this memorandum reflects the essence of this meeting. The meeting lasted until approximately 4:30 p.m. Fred G. Moore, P.E. FGM:bw cc: Ted Hoffman t. CITY C)� PLYMOUTR March 20, 1985 Mr. Vern Genzlinger Associate County Administrator Hennepin County Government Center A2300 Minneapolis, MN 55487 Dear Mr. Genzlinger: Thank you for coordinating this afternoon's meeting with Plymouth Councilmember David Crain, Helm Winter, Joe Veto of the Westridge Homeowners Association, and the County Highway Department regarding the alignment for the proposed new County Road 9 in Plymouth. I had hoped to attend the meeting also but I was notified only yesterday and could not rearrange this afternoon's appointments since I am leaving town on Friday for a family vacation. The Westridge Homeowners Association questions the proposed alignment for new County Road 9 and the "process" that was followed by the City and County in setting that alignment. Mr. Veto and Mr. Winter and a number of other concerned residents from the Association visited informally with the Council Monday evening. The Association questions.whether this propose!2 align- ment has been thoroughly deliberated in terms of alternatives, including expanding the existing County Road 9. As you are aware, the alignment for new 9 has been fixed for quite some time and the City has been acquiring right-of-way as platting has occurred. In fact, when the plat of Westridge was filed, the City required as a condition of plat approval that t o developer, Laukka & Associates dedicate the proposed right-of-way f --.r new County Road 9, and the plat actually was configured to a:comumodate that right-of-way, as were also other plats along the pz:posed configuration. In addition to explaining that right -of -may acquisition has taken place over a number of years as de-:elopment took place, I also explained that the current alignment was set for design, safety and to a certain extent, cost reasons. My explanations were greeted skeptically. Mr. Veto essentially said "show us". He requested the City to meet with Hennepin -ounty to go over the data that had been developed and to review with the County's Highway Department the rationale for the current design. The City Council agreed to do so and Councilmem-,ers Mr. Vern Genzlinger March 20, 1985 -Page 2 - Crain, Schneider and myself offered to participate in such a meeting. Mr. Veto also questioned the traffic data that Fred Moore, Plymouth's Director of Public Works, and Bob Roscoe of Plymouth's traffic consulting firm, Strgar-Roscoe- Faush developed from information supplied by Minn Dot and the County. I welcome the meeting this afternoon because it represents an opportunity for both Mr. Veto and Mr. Winter to confirm from still another source that the design of the new 9 is something that evolved over many years and that a great deal of thought and deliberation has gone into the proposed design from both the County's and the City's standpoint. Please answer Mr. Winter's and Mr. Veto's questions as thoroughly as you can and extend to them maximum cooperation, as I am sure you will. Please understand, however, that notwithstanding the Council's desire to work with the Westridge homeowners in explaining the rationale for the proposed alignment, the City of Plymouth is firm in its resolve that the road should be constructed in accordance with its present time table, that is, in 1986. Construction of County Road 9 is and has been for quite some time the City's number one priority insofar as Plymouth's Thoroughfare Guide Plan is concerned. In fact, we have been disappointed that construction funding has not been made available sooner. The City is very pleased with the County's expected 1986 construction start. Under no circumstances would Plymouth want Hennepin County to misconstrue that the City's desire to work with the Homeowners Association in explaining the rationale for the alignment is an indication that the City entertains any thoughts that the current time table should be delayed beyond 1986. The City does not. County Road 9 is already one of the busiest thoroughfares in our community and quite possibly the most unsafe. Dramatic development has taken place along this corridor and continues to take place at a rapid pace. Although a number of stoplights have been installed in cooperation with the County, others are needed. Because of this urgency, any consideration to redesign that would jeopa e e current time table would be opposed by Plymo th. A'yoou ai for orking with the City and the Asso is o Si e 1 , Davild J. Dav polrt r Mayoi cc: Mr. H m Winter, Mr. Joe Veto, City Council, Mr. Fred Moors- M E M O R A N D U M TO: Northwest Suburbs Cable Communications Commission FROM: Northwest Suburbs Cable Communications Commission Negotiating Committee, Greg Moore, Executive Director and Herbst & Thue, Legal Counsel DATE: RE: HAUSER ORIGINAL nnnDncnr Same March 20, 1985 Negotiating Committee Recommendations Related to Storer/Hauser Proposed Franchise Modifications S ame S ame Same Not offered _-11—'4 I. ACCESS AND LOCAL ORIGINATION (PUBLIC, EDUCATIONAL AND GOVERNMENTAL PROGRAMMING). 1. Negotiating Committee Recommendation: A. Community Television Corporation (CTC) assume access/LO functions and responsibilities. B. Equipment donated by Grantee (See Exhibit A) 1. All hub site equipment. 2. Specified Brooklyn Park equipment. 3. GMC mobile van and equipment (access van). 4. Ford van and equipment (local origination). Not offered C. Cash settlement of $325,000.00 minus actual value of I.C.N. equipment approved by CTC and to be provided by Storer, in lieu of the following commitments: 1. LO studio $222,861 2. Program grants $149,000 3. I.C.N. equipment $103,903 4. Brooklyn Park equipment $252,815 retained by cable co. $728,579 Same D. Ongoing access support 1. In kind donation of hub site space and facilities presently being used for the same purpose including utilities as set forth in Exhibit B. -1- 2. Cash 40% offered a. 45% per subscriber per month base. Not offered b. 45% base escalated 3% on Jan. 1986 and each Jan. 1 thereafter. Not offered E. Cash available from franchise fees and 453Z base are guaranteed to be not less than $850,000 per year until December 31, 1987 (pro -rated in 1985). This guarantee to be implemented by availability of funds up to $150,000 to be drawn down by the Commission to fund any shortfall. Not offered F. These public, educational and governmental programming provisions substitute for access/LO provisions in the franchise ordi- nance related to production equipment, staff, programming and funding but do not relieve the Grantee from its obligation to continue current channel capacity available and provide and maintain access channels and the equipment necessary to transmit high quality signals on access channels. Not offered G. The Grantee will work with CTC regarding a one-time connection of a new studio and playback facility to the cable system and it will pay for all costs associated with such a connection if located within a radius of three (3) miles of the Brooklyn Park facility located at 6901 Winnetka Avenue North. 2. Current Franchise Ordinance Commitments: A. Grantee is required to provide staff, facili- ties, management, and equipment to meet the entire access and local origination commit- ment. Grantee's commitment is to be funded by Grantee as a commitment in addition. -to franchise fees. II. RATE INCREASES 1. Negotiating Committee Recommendation: Same A. Basic rate from $8.45 to $10.45 effective 30 days after transfer. Same B. Family rate (1st 30 channels) from $4.25 to $7.95 effective 30 days after transfer. 1WM Not offered C. Rate will decrease by $ .50 if program guide is dropped. Not offered D. No 5% automatic increase prior to December 29, 1986. Requested $1.00 E. No action at this time on requested 1986 basic increase rate increase. 2. Current Franchise Ordinance Commitments: A. The Franchise Ordinance established basic cable service rate regulatory authority and a rate change process. The Franchise Ordinance rate change provisions have been preempted by federal law and are null and void as of December 29, 1986. The basic cable service rate is currently $8.45 per month. III. FUTURE CONSTRUCTION OF HOME SUBSCRIBER NETWORK 1. Negotiating Committee Recommendation: Proposed A. Initial Service Area and Initial Service Area elimination requirements remain the same. Same B. Line extension areas and density formulas to be calculated from the point where existing distribution plant ends. Same C. Eliminate present formulas applicable to homes in 20-34 homes per mile density areas. Same D. Establish new line extension policy consistent with new Section 7.03(B) of Exhibit C attached. Same E. Grantee's deadlines for construction of line extension areas be stayed from November 1 through April 15 of any Winter season. Same F. Construction obligations in accordance with Initial Service Territory and Line Extension Policy to be deferred in 1985. 2. Current Franchise Ordinance Commitments: See Exhibit C attached. -3- IV. DUAL CABLE 1. Negotiating Committee Recommendation: !;,t ^F� A. Grantee authorized to remove, deactivate, or de -existing B -cable electronics. Not offered B. New construction to include B -cable "shadow" (not activated) but not subscriber drops. Not offered C. At time B -cable drop is installed, subscriber service charge will not exceed then -existing change -of -service charge. 2. Current Franchise Ordinance Commitments: S ame Same S ame Proposed elimination Proposed elimination Proposed elimination Proposed elimination Proposed elimination Proposed elimination A. Franchise Ordinance provides that dual cable shall be activated throughout the cable system. V. SYSTEM TECHNICAL AND SERVICE ISSUES 1. Negotiating Committee recommendation: The following services shall be deferred until economically viable and technically feasible: A) Text Services, B) Interactive Services, C) Security Services D) Activation of B cable of home subscriber network, E) Video emergency override, F) Routing Computer, G) Additional status monitoring, H) Additional standby power, I) ICN redundancy, Proposed J) ICN marketing employees. elimination -4- Upon a finding that the provision of such services is economically viable and technically feasible, the Commission may order the provision of any of such services. Any dispute relating to the above considerations would be resolved based on judicial review by the District Court of Hennepin County, Minnesota or the Federal District Court for the District of Minnesota. 2. Current Franchise Ordinance Committments: A. Franchise Ordinance authorizes the Commission to require the above -listed services at any time. VI. ENFORCEABILITY, FRANCHISE FEES, AND TAX IMPLICATIONS Not offered 1. Negotiating Committee Recommendation: Any agreement or franchise ordinance amendments resulting from the modifications requested by Grantee should be accompanied by a statement encom- passing the Commission's understanding that the modifications are enforceable under federal law, will not be construed to constitute franchise fee payments, and will not negatively impact the tax status of the Northwest Suburbs Community Television Corporation. Modifications should be accompanied by an affirmative statement by Grantee that it will not assert, and will oppose any asser- tions, that the modifications are not enforceable under federal law or constitute franchise fee payments under federal law. The agreement should include a provision that if the modifications are deemed unenforceable under federal law or deemed to constitute franchise fee payments under federal law, any agreement, to that extent, or franchise ordinance amendments, to that extent, will be of no effect and the original franchise language and requirements would automatically be deemed reconstituted and will govern. 2. Current Franchise Ordinance Commitments: Not applicable. VII. PERFORMANCE BOND Same 1. Negotiating Committee Recommendation: A. Commission authorize reduction of Grantee's Performance Bond from $500,000.00 to $100,000.00. -5- 2. Current Franchise Ordinance Commitments: A. The Franchise Ordinance requires a $500,000.00 bond but authorizes the Commission to reduce the amount of the bond to not less than $100,000.00 upon completion of construction of the system. VIII. INSTITUTIONAL COMMUNICATIONS NETWORK (I.C.N.) 1. Negotiating Committee Recommendation: Requested A. Construction. statement that construction No further I.C.N. construction. Based on a was completeetter_from Mr. John Eddy dated March 8 and 14, 1985, stating that 117 miles of I.C.N. is constructed and based on the map attached to the letter dated March 8, 1985, indicating where the I.C.N. is constructed; and stating the Z.C.N. was completed in such a manner as to provide 37 channels downstream and 17 chan- nels upstream. B. Drops. Not offered 1) Public/non-profit agencies listed on Exhibit D are to be connected to the Z.C.N. at no charge. Exhibit D is being prepared by staff and Storer and will be discussed at a meeting of the Negotiating Committee at 7:00 a.m., Thursday, March 21, 1985, at the Brooklyn Park facility. Same 2) Additional drops to public/non-profit agencies will be provided free for the first 250 feet from existing I.C.N. trunk. Same 3) Drops in excess of 250 feet will be paid for 100% by requesting agency. C. Use of I.C.N. by public and non-profit agencies. Not offered 1) The I.C.N. capacity set aside for commer- cial use (60%) be used by public/non-profit agencies free of charge to the extent not being used by the Grantee. -6- Not offered 2) The Grantee will operate and maintain the entirety of the I.C.N. in such a manner as to provide reliable service and high quality signals as required by the Franchise Ordinance. 2. Current Franchise Ordinance Commitments: A. The Franchise Ordinance lists the agencies which will be served by the ICN. All public and non-profit agencies requesting drops are entitled, under the ordinance, to drops free of charge. Forty percent of the ICN was set aside for public and non-profit agencies. -7- V V U T D T T T Television equipment to be transferred to the Community Television Corporation. Plymouth Studio $121,446.90 Maple Grove Studio 121,446.72 New Hope Studio 121,446.94 Brooklyn Center Studio 118,349.70 Public Access Van and Equipment 111,247.00 Brooklyn Park Equipment 52,774.43 Brooklyn Park Playback System 98,222.78 Character Generator System 58,920.00 L.O. Van and Equipment 178,319.06 $982,173.53 Television equipment to be retained for restructured operations. Portion of Brooklyn Park $201,358.37 equipment including cameras, switcher, 2 video tape decks, sync system. Portion of Brooklyn Park 51,457.70 Playback system $252,816.07 NOTE: Detailed inventory and itemized cost of above equipment available. PYUTATT R STUDIO—SPACE- A. TUD O-SPAC£- A. SCC will phase out all access and L.O. operations from its Brooklyn Park facilities within 180 days pursuant to an agreed upon transition plan. B. Comparable Space - In the event SCC, for any reason, requires any of the space then being utilized by the CTC, SCC will at it own expense provide and move those CTC operations to com- parable space. 7.03 Line Extension Policy. Residents of the Cities who do not fall within categories described in Section 7.02 shall have the right to receive service, provided they assume responsibility for the extra installation costs involved over and above the current average installation costs associated with areas within the franchise territory which have reached the 35 dwelling unit per mile threshold. A. Grantee shall serve at rates set forth in Exhibit 2 all areas which contain 35 or more dwelling units per cable mile, the cable mile(s) to be calculated from the point where existing distribution plant ends. B. Grantee shall extend ea b l t o areas where densitie-s are between 29 and 35 hentes per mile at following additional east per installation: 20 to 24 $:79. 9 9 EB. Where densities are 34 or less homes per mile, Grantee shall serve those subscribers on a cost sharing basis between the system and the subscribers on a graduated basis as follows: provided that 45% of such homes shall, prior to -1- construction, agree in writing to become subscribers and have contributed their share of construction costs. Cost Paid Cost Paid Density/Miles by Northern by Subscribers 15 to '*I-�35 60% 40% 10 to 14 50% 500 5 to 9 40% 60% 0 to 4 30% 70% i)C. Subscribers electing to receive cable under the extension plan will be eligible for a pro rata refund depending on number of additional subscribers taking service during the 24 months following activation of service to each extension area. ED. Any request for service in the line extension area shall be served in six months or less or after construction of the initial service territory is completed, provided that deadlines for construction shall be staved from November 1 through April 15 of any winter season. -2- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Duane Quiggle, as trustee for—� the heirs of Craig Quiggle, COURT FILE NOS--' , deceased, SUMMONS Plaintiff, VS. City of Plymouth, a political subdivision of the State of Minnesota; City of Medina, a political subdivision of the State of Minnesota; City of Orono, a political subdivision of the State of Minnesota; County of Hennepin, a political subdivision of the State of Minnesota; Tim Oie, individually and as a police officer employed by the City of Plymouth; John Ward, individually and as a police officer employed by the City of Plymouth; David Degatono, individually and as a police officer employed by the City of Plymouth; Michael Sankey, individually and as a police officer employed by the City of Medina; Michael Roulliard, individually and as a police officer employed by the City of Medina; Kurt Erickson, individually and as a police officer employed by the City of Orono; and certain John Doe's, whose true and correct names are unknown at this time, but will be substituted by amendment when ascertained, who are officers, employees, and agents of the political subdivisions named as Defen- dants herein and who participated and/or directed the high speed police pursuit referred to herein, who were responsible for the hiring and training of said employees and agents and who were responsible for the policies and proce- dures followed by said employees and agents during said pursuit, Defendants. THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED and required to serve upon Plaintiff's attorneys herein an answer to the Complaint which is herewith served upon you within Twenty (20) days after service of this Summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated this day of 1Pu,,t,e4_ 1985. 031285a(P15) JOHNSON, SANDS, LIZEE, FRICKER & MC CLOSKEY,.P. A. Robert E. Kirc er Attorney's I.D. # 56054 700 First Bank Place West Minneapolis, MN 55402 (612) 332-8778 ATTORNEYS FOR PLAINTIFF STATE OF MINNESOTA COUNTY OF HENNEPIN Duane Quiggle, as trustee for the heirs of Craig Quiggle, deceased, Plaintiff, VS. City of Plymouth, a political subdivision of the State of Minnesota; City of Medina, a political subdivision of the State of Minnesota; City of Orono, a political subdivision of the State of Minnesota; County of Hennepin, a political subdivision of the State of Minnesota; Tim Oie, individually and as a police officer employed by the City of Plymouth; John Ward, individually and as a police officer employed by the City of Plymouth; David Degatono, individually and as a police officer employed by the City of Plymouth; Michael Sankey, individually and as a police officer employed by the City of Medina; Michael Roulliard, individually and as a police officer employed by the City of Medina; Kurt Erickson, individually and as a police officer employed by the City of Orono; and certain John Doe's, whose true and correct names are unknown at this time, but will be substituted by amendment when ascertained, who are officers, employees, and agents of the political subdivisions named as Defen- dants herein and who participated and/or directed the high speed police pursuit referred to herein, who were responsible for the hiring and training of said employees and agents and •rho were responsible for the policies and proce- dures followed by said employees and agents during said pursuit, Defendants. DISTRICT COURT FOURTH JUDICIAL DISTRICT COURT FILE NO. COMPLAINT PLAINTIFF, for his claim for relief, states and alleges as follows: COUNT I 1. That on March 1, 1985, Duane Quiggle was appointed trustee for the heirs of his deceased son, Craig Quiggle, who was seventeen (17) years of age at his death. 2. That at all times herein material, the City of Orono, County of Hennepin, City of Plymouth, and City of Medina were political subdivisions of the State of Minnesota. 3. That at all times herein material, Defendant Kurt Erickson was employed as a police officer by the City of Orono acting within the scope of his employment. 4. That at all times herein material, Defendant Tim Oie, John Ward, and David Degatono were employed as police officers by the City of Plymouth acting within the scope of their employment. 5. That at all times herein material, Defendants Michael Sankey and Michael Rouillard were employed as police officers by the City of Medina acting within the scope of their employment. 2 6. That on November 20, 1984, at approximately 11:40 a.m., decedent Craig Quiggle was operating an automobile in a northernly direction on Vicksburg Lane in the City of Plymouth, Hennepin County, Minnesota; at said time and place, Defendant Tim Oie commenced a pursuit of the automobile driven by decedent Craig Quiggle; that Defendants Kurt Erickson, John Ward, David Degatono, Michael Sankey, and Michael Rouillard joined and participated in said pursuit for a distance of several miles through heavily populated areas of the City of Plymouth and the City of Medina at extremely high rates of speed. 7. That in the course of the pursuit described above, the Defendant police officers were in communicaion with each other and with a radio dispatcher employed by the County of Hennepin. 8. That at sometime during the pursuit described above, Defendant Kurt Erickson positioned his police car perpendicular to County Road 24 in such a way as to effectively create an impassable road block, and that said road block was located in the path of pursuit at a point where the surrounding topography limited decedent Craig Quiggle's visibility of said road block to a distance of approximately 1/3 mile. 3 9. That in order to avoid the road block described in above, decedent Craig Quiggle was required to leave the roadway and, as a result, lost control of his vehicle and an accident ensured. 10. As a result of severe injuries suffered in this accident, Craig Quiggle died. 11. The acts and ommissions of Defendants, and each of them, with respect to the pursuit described above were negligent, careless, reckless, and constituted, among other things, the excessive use of deadly force when said Defendants knew, or in the exercise of reasonable care should have known, that: a. Decedent Craig Quiggle's approximate age was seventeen (17) years and therefore was likely to be an inexperienced driver. b. Decedent Craig Quiggle's place of residence was in the vacinity of the pursuit and, as a result, could have been apprehended at said residence without risk to the members of the public and the decedent. C. The position of the road block described in paragraph si.- (6) hereof above was not sufficiently visible to decedent Craig Quiggle to allow him to avoid said road block vehicle without great risk to himself and others. 4 d. The vehicle driven by decedent Craig Quiggle had not been stolen, decedent Craig Quiggle was not a fugitive from justice and that no emergency existed which would have justified the actions by the Defendants described herein. e. The pursuit procedures followed by Defendants were improper, unlawful, and not in accordance with the recommendations of recognized authorities in police pursuit procedures. 12. That the accident, injuries, and death of Craig Quiggle described herein were the direct and proximate result of the foregoing negligence, unlawful acts, and excessive use of force. 13. That the acts of Defendants alleged herein were done by Defendants, and each of them, under the pretense and color of law and their official capacity, and that Defendants, and each of them, individually and in concert with the others, deprived decedant Craig Quiggle of the right to not be deprived of life, liberty, or property without due process of law, and the right to the equal protection of the laws, all of which were secured to said decedant by the Fourteenth Amendment to the Constitution of the United States and by the Title 42, United States Code, Section 1983. 5 14. As a result of the death of Craig Quiggle, his heirs have suffered and experienced severe emotional pain and suffering and the loss of his guidance, counsel, aid, comfort, assistance, and protection and means of support, have incurred expenses for his medical treatment and hospitali- zation and paid out certain sums of money providing for a proper funeral and burial, and have otherwise suffered damages and pecuniary loss, all to their damage in an amount greater than Fifty Thousand and no/100 ($50,000.00) Dollars. 15. Plaintiff incorporates by reference of Count I above. 16. The Defendants', and each of them, conduct was of such a nature as to constitute a willful, wanton, and reckless disregard for. the safety and rights of decedant Craig Quiggle and entitle the heirs of Craig Quiggle to recovery of exemplary and/or punitive damages in excess of Fifty Thousand and no/100 ($50,000.00) Dollars. WHEREFORE, Plaintiff Duane Quiggle, as trustee for the heirs of Craig Quiggle, demands judgment against the Defendants, and each of them, in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars plus exemplary damages and/or punitive damages in excess of Fifty Thousand and no/100 ($50,000.00) Dollars plus the cost of action, including attorney's fees, plus interest, costs, and disbursements thereon. Dated this � day of JOHNSON, SANDS, LIZEE, FRICKER & 1-114aL,�i_ , 1985. MC CLOSKEY, P. A. 022585a (IBMIRD) Robert E. Kirc r Attorney's I.D. # 56054 700 First Bank Place West Minneapolis, MN 55402 (612) 332-8778 ATTORNEYS FOR PLAINTIFF 7 CIN OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 21, 1985 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT Weight Restrictions on City Streets As is the practice each spring, the State, County and cities place weight restric- tions on the highways and streets. This year these weight restrictions went into effect on Monday, March 18. The restrictions will remain in effect until the frost has left the street subbase, but not longer than May 15. As has been the practice within the City of Plymouth, we only post weight restric- tions on streets that have been subject to damage during the spring thawing cycles. We have posted all gravel roads within the City for a maximum axle weight of four tons. Also, Zachary Lane between County Road 10 and Hamel Road and between County Road 9 and 36th Avenue has been posted for a five ton limit. In addition to posting these streets, we request all material suppliers to reduce their loads to half size. This generally would reduce the axle loads to five tons. If a roadway is not posted with a weight restriction, all vehicles can operate on the street within legal axle loads, which is generally nine ton. On our posted roadways we do issue permits to exceed the posted weight limit. This is done for loads which cannot be reduced in weight, such as bringing in an excava- tor to dig a basement. These permits contain the stipulation that the vehicle is only allowed on the posted road before 9:00 a.m. and specifies the day for which the vehicle is allowed. By posting our roadways and then allowing very limited permits we are not curtailing development activity, but we are still protecting our investment in our street system. For general information, attached is a copy of the City Council's adopted policy on load limits. If you would like any additional information on road restrictions, please let me know. Fred G. Moore, P.E. FGM:bw Attachment: Load Limit Policy POLICY ON LOAD LIMITS Resolution No. 73-103 March 6, 1973 For the public safety and welfare, it is necessary to protect and preserve the public's investment in the streets and roads of the City of Plymouth from premature deterioration and break-up occasioned by the alternate thaw- ing and freezing cycle experienced in the late winter and early spring. In order to minimize the aforementioned damage to our streets and roads, and pursuant to the authority contained in Section 169.87 of Minnesota Statutes, the City posts load limits on certain of its streets and roads. In order to facilitate the movement of goods and materials, particularly those destined to construction sites, it may be necessary to permit over- weight vehicles on certain streets and roads. In recognition of the foregoing, it is the policy of the City of Plymouth that load limits shall be established at such times and on such streets and roads throughout the City of Plymouth as shall be determined by the City Engineer. In the event private parties desire to exceed these load limits, they shall be required to obtain a permit from the City Engineer, and they shall be required to submit to the City cash or a certified check in an amount to be determined by the City Engineer, such amount to be based upon the anti- cipated potential damage which could be occasioned by such hauling. The City Engineer shall be authorized to revoke any such overweight permits when, in his judgment, substantial damage is being caused to the street or road, and the City Engineer shall be authorized to deduct from said cash deposit any sums necessary to restore the street to its design standards in the event of damage, following the expiration or revocation of an over- load permit, or the lifting of load limits. It shall be the policy of the City of Plymouth to presume that any damage occurring on any street or road over which vehicles have permission to travel overweight, shall have been caused by said vehicles. -4- CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 13, 1985 TO: James G. Willis, City Manager FROM: Scott L. Hovet, City Assessor SUBJECT COMMITTEE REPORT ON FISCAL DISPARITIES ACT, FEBRUARY, 1985 Due to the complexity and lack of understanding a committee has been conducted in regard to the Fiscal Disparities Act. Attached is extractions and a brief summary of this report. Although the Fiscal Disparities Act study committee has not offered any recommendations concerning these legislative policy questions, ten revisions to the act are suggested in the event that the legislature wants to continue the fiscal disparities program. I personally have expressed my concerns to members of the committee and to legislators that they abolish the program completely. As has been shown, many of the stated objectives, primarily the redistribution of the property tax "wealth" can in fact be accomplished to a much greater degree through alternate programs such as school state aids and local government aids in one form or another. In the past two years Plymouth's contribution of the net payable taxes from our Commerical/Industrial taxpayers has increased from 31.72% to 33.32% into the pool. This increase into the Fiscal Disparities pool from the 1984 payable tax year to the 1985 payable tax year was +1.59%. Yet our share of the distribution (tax money received from the pool) went from 11.11% to 12.27% or an increase of only +1.16%. As can plainly be seen, that as PLymouth's Fiscal capacity continues to grow we are being penalized more heavily each year, and our burden into "the pot" has been increasing to help finance less fortunate communities in the 7 county metro area. Anyone interested can obtain a copy of the whole report in my office. cc: Lloyd Ricker Dale Hahn Frank Boyles REPORT ON THE FISCAL DISPARITIES ACT February 1985 The Committee on Fiscal Disparities Sharon G. Klumpp, Chair Introduction The Metropolitan Revenue Distribution Act, better known as the Fiscal Disparities Act, was enacted by the Minnesota Legislature in 1971. Concern over the large variations in property tax rates which existed among metropolitan communities led to the passage of the act. Communities with comparatively low tax bases had to levy higher mill rates to provide the same level of service to its residents as similarly situated communities having a higher tax base. As a result, tax -base sharing was advanced as a way to redistribute the taxing capacity of local governments and to enhance their ability to generate revenues needed to provide public services. Another factor that gave momentum to the concept for tax - base sharing came in the late 1960s with the creation of the Metropolitan Council. Because the Metropolitan Council and other entities, such as the Metropolitan Waste Control Commission, could dictate development decisions affecting local governments, some legislators feared that existing tax base inequities would be further exacerbated in some communities if the addition of new commercial -industrial developments were effectively foreclosed at the metropolitan level. The fiscal disparities program was created in response to these concerns. It provides a mechanism for sharing growth that occurrs in the commercial -industrial property tax base within the metropolitan area. Although the program was designed to, work within the existing framework of public finance and to preserve the decision-making authorities of local governments, fiscal disparities has remained the subject of much debate. 1 F In the first years following enactment of the law, a number of agencies and committees reported on the mechanics of the fiscal disparities program and its probable effects. Late in 1983, a committee interested in documenting the effects of the fiscal disparities program and promoting an understanding of the program was organized. The committee's findings appear below. FINDINGS After more than one year of study, the committee has found that a number of technical problems do exist within the fiscal disparities program. These technical problems often have been cited by some local government officials as the cause of inequities in the program's operation. However, the committee's work shows that correcting technical problems will have little impact on the effect of the program. The committee observes that the debate on fiscal disparities can be reduced essentially to three policy questions: -is a sharing of wealth needed in the metropolitan area, especially in light of other state programs which provide a redistribution of resources? -to what extent is redistribution needed? -is fiscal disparities the best way to accomplish a redistribution of wealth? Although the committee has not offered any recommendations concerning these legislative policy questions, a number of revisions to the act are suggested below in the event that the Legislature wants to continue the fiscal disparities program. 2 r-3001. Determine a city's contribution based on assessed values While a strong case can be made for equalizing assessment values used in the contribution formula, implementing this change would be very complicated, especially in light of its minimal effect on overall program outcomes. 2. Continue to exclude residential property from the regional pool, but remove vacant land zoned but not used as commercial - industrial property from being shared in the pool. Residential property should not be contributed to the fiscal disparities pool. If it were included in the fiscal disparities program, the area -wide portion of a residential taxpayer's bill would be dependent upon all other local units of government. A sharing of residential property would greatly diminish a governmental unit's accountability for its local tax levies. However, vacant land zoned but not used for commercial -industrial property should be removed from the pool. Because municipalities approach the zoning of vacant land in different ways, inequitable treatment results in the absence of a uniform method for zoning vacant property. 3. Examine the contribution rate to ensure that it corresponds to the level of redistribution desired in the metropolitan area. The contribution rate must reflect the desired level of redistribution while taking into account the inequities that can result to individual communities depending upon if .their commercial -industrial development occurred after 1971 and if their mix of commercial -industrial development produces a high demand for public services. K? .�..� 4. Maintain the 1971 base year. The effects of the 1971 base year in the fiscal disparities formula are diminishing overtime. The administrative effort needed to implement a new base year is not warranted. Therefore, the 1971 base year should be maintained. ..►� 5. End the exemptions currently permitted for tax increment districts, state deferred property taxation and redevelopment project property tax exemption programs, the City of South St. Paul and the Minneapolis -St. Paul International Airport. These exemptions operate contrary to the philosophy of fiscal disparities because they allow growth to be sheltered from contributions to the metropolitan pool. Tax increment districts can be made subject to fiscal disparities by allowing the valuation to be frozen dependent upon the outstanding indebtedness of individual districts. This approach will erase differences in the way pre -1979 and post -1979 tax increment districts have been treated under the fiscal disparities program. The state deferred property taxation and redevelopment project property tax exemption programs are thought to have an inconsequential effect on fiscal disparities. However, from an equity standpoint, development projects constructed under these programs should not be exempted from fiscal disparities. The special exemption for South St. Paul resulting from its EDA status should be removed and South St. Paul should begin to make contributions to the fiscal disparities pool using the year in which the special exemption was terminated as its base year. The special exemption for the Minneapolis -St. Paul International Airport also should be removed. Although the 4 airport has no population, it should be entitled to a distribution from the fiscal disparities pool based on the metropolitan distribution average. 6. Remove the minimum provision from the distribution formula by eliminating the factor of 2 and the use of population as an alternative distribution index. Implementation of these changes will remove an inequity of the program by eliminating the minimum per capita feature of the distribution formula and precluding municipalities from using their population as the final distribution index whenever the preliminary index is less than the population. ...►� 7. Use the median sales ratio in fiscal capacity calculations. The Minnesota Department of Revenue currently uses the aggregate sales ratio in determining fiscal capacity for all communities. Since aggregate ratios can be skewed by large value sales, use of the median ratio is recommended. The median ratio is a more accurate statistic because it moderates the extremes that can occur within a sample. ._..�� 8. Include the value of manufactured housing and utilities that are classified as personal property in fiscal capacity computations. Manufactured housing and utilities that are classified as personal property are not included in determining a community's fiscal capacity. Including the value of personal property in fiscal capacity will increase equity among municipalities and create a more valid measure of fiscal capacity. 5 —a 9. Identify a central agency responsible for overseeing the administration of the fiscal disparities program A central agency should be identified to provide administration for the fiscal disparities program. Currently, program responsibilities are assigned to county auditors and assessors and the Minnesota Department of Revenue. While the administrative auditor commonly is regarded as the office responsible for the program's administration, the division of responsibility and the lack of definition surrounding the administrative auditor's functions and authorities do not constitute centralized administration for the fiscal disparities program. Without a central program agency, it is difficult to ensure that consistency is maintained in administration of the program. 10. Repeal legislation authorizing the creation of the municipal equity account distribution. The Fiscal Disparities Act enables the creation of a municipal equity account distribution from which funding could be distributed to metropolitan communities on the basis of tax effort and relative fiscal capacity. The implementation of the ✓ local government aid program negated the purpose of the municipal equity distribution. Fiscal disparities is only one piece of Minnesota's local government finance system. As an integral part of this system, fiscal disparities is affected by changes that occur in other local government finance programs. It is tied intrinsically to the State's property tax program so that any revision of the property tax system will have profound ramifications on fiscal disparities. Any examination of the effects of changes in State tax policies and programs should be broad enough to include the impact on the fiscal disparities program. f�;K�19 3oaysI, I'o�esp SeS sogngjai o'• 1t sa ge - :Q n^63 !itl�oZg Y g � SL EgsC" c�g'm8 gam i O L N W A C " r O I $ w � C m� dl y lilt iri°Sit e�i!^�$i- 99 9' f�;K�19 3oaysI, I'o�esp SeS sogngjai o'• 1t sa ge - :Q n^63 !itl�oZg Y g � g^ � S o n s^ e � g m ! 3 u 9 'SE32vmmo^ Q g v $ v 5g_ -i a ma 9 3T `TSR �--^i°�•� c evw°��? �ie�'� ISM -" O• D O � R x �° � a D p� C � 6 � c 6 i= ^R-3 � FT• G 8W ���cmp3 Oi3oo �eRR., 2. 5R", g'°Rs c$ ae=o �g°R-� ago:fw °o3mom ��'=3 vlvoC�� �oc$oe .4 '047 _ e !S gg 0 0 0 05 .3 0 Mom CL Z q -0,. ,tea IC oA 04 CD i O L N W A C " r I $ w � C m� dl 7 d Q � ppQ MWS M O W � � N O �I g^ � S o n s^ e � g m ! 3 u 9 'SE32vmmo^ Q g v $ v 5g_ -i a ma 9 3T `TSR �--^i°�•� c evw°��? �ie�'� ISM -" O• D O � R x �° � a D p� C � 6 � c 6 i= ^R-3 � FT• G 8W ���cmp3 Oi3oo �eRR., 2. 5R", g'°Rs c$ ae=o �g°R-� ago:fw °o3mom ��'=3 vlvoC�� �oc$oe .4 '047 _ e !S gg 0 0 0 05 .3 0 Mom CL Z q -0,. ,tea IC oA 04 CD 2Y ties Sm"polls Mar and Tribune Population cid has NYe IT' The schools also may have to re- spand to a demand by businesses for education in even higher technology. This will come at a time when high schoolers may be in demand by in- dustries that need entry -bevel work- ers because the baby boomers have moved on, McCarthy said. Meanwhile, the schools may face greater competition for public Mon- ey oo-ey to the short term from the grow - tog over -75 population, which Is a very heavy user of medical services, he said. Moomington school board, said be is Concerned that the competition wUl become even more intense In the Dear tutus. Be acid he does ant agree with Mc - C W%y's view that tax dollars may urease because the baby boomers will be more affluent He said be feels career patterns have changed with people dropping in and out of jobs. And he said with manufsdnr- Ing plants closing and w%lom Man power, earning power will decrease, not increase. In the long term, he said, that coo- Johnson said his concern has nid will only increase as the baby prompted him to propose that the boomers enter their retirement district meet with other 110vernmen- 7OW5, tal units to discus long-range pian for the Deal 15 yeah. Many school districts are already seeing the effects of these population shifts on their programs, particular- ly in community education. School officials say many districts now offer Istch-key programs, day can . before and after school for sehoolage children. David Wetter- greo, deputy superintendent of the Anoka -Hennepin schools, said inter- est in the district's Adventures Plus, a latcb-key program, "hats exploded over the test couple of years." Districts also have responded m a perceived need for tamity programs by a targe increase to the number of early -childhood and tamllyaducs- doo programs. This year, after the Legislature authorized school dW tricts to levy taxes for dwar, the cumber of family -related programs In the state Increased from 29 to 253, according to Bob Wanc ale of the Bloomington Family Center. D*ricts are finding other groups that need services. Robbimdaie-area schools found through a survey that yorrng singles —W PrOV*M and established a successful yourag stn- giea dub through its community adur tattoo program, said Robert Camer- aa, director of research,'evishusbon and development Minnesota educators say they bave abo seen the competition for money that McCarthy refers to. 'TMs alive and ticking Apt saw," Wetterg en said, referring to battles In the Iagk+lature to I P I school Mert Johnson, Chairman of the Anoka-Henneplo oflldab have aa- dorsad that kind of cooperation for the past few years, Wetterg en said. ' ampenoo for resources Is very evident now. What Lira Yofrrg to re- quire in the future is the various level of governments cooperating and coordinating their efforts so we eliminate redundancy," he said. Wedergren sold that many we the school as the place where issues and concern should be resolved but that the schools don't necessarily Yet the resources to do LL Itf f have one concern ICs that it seems b me that our society is in rock a state of rapid transformation that W& really hard to respond to the needs and really hard to prioritize," be said. Robert Nelson. director of informs - am systems and research for Rich- field schools, said one solution is to Yet decislonmakers to loot at the future through the eyes of research - en Like McCarthy. -1 hope we're getting people to have a more global perspective — global Is the sense of different age groups," be said. "We need people who an boting out for everybody." McCarthy agrees that his research points to treads that the schools Can- " ao-not solus by themselves. "Ybere are hopeful signs that the public does not really expect the schools to produce a magic waad With which in solve these problems," be said in his research paper. 'Rhe solutions, and thus the shape of much of the hate's future, will re- quire the collaboration of the school, state and local Yovernmeat, parents, had taxpayers — and as ever, pupils with peoclb in their hands." The town hall in Grant Twp., where residents have the lowest municipal tax rate in the Twin Cities area. Scorecard comparing city mill rates ranks tax base as important determining factor By Jim Adams Staff Writer There is no sewer or water service, the constable is on call and neighboring cities are paid to handle road work and fire protection for Grant Township. between White Bear Lake and Stillwater. "It you like blacktop streets this is not the place to come," said Clerk Sheila Davis, one of the township's two part-time employees. "We haven't had any city services, we still don't, nor will we." But Grant's 3,240 residents do have the lowest municipal property tax rate of the 65 Twin Cities communities with at least 3,000 people. The township's rate is 6.357 mills, compared with Minneapolis' 34.710 mills, the highest rete in the Twin Cities area. For their money, Minneapolis residents get full-time police and fire service and a public works department to remove snow, pick up garbage and provide sewer and water service. The message of a survey of 1985 municipal tax rates in the seven - county metropolitan area is that most residents get what they pay for, and pay for what they get The survey focuses on the basic element of residential property taxes: the municipal tax rate. It determines how much each property owner must pay to produce enough money for the city to provide its Services. (Other rates are used to tax property owners for schools, county government and other services.) Generally, residential property tax rates depend on home values and the services a city provides. They also depend on how much money can be raised from other sources such as state and federal aid and trom commercial and industrial Property. Another factor is how much of a city's land and real estate is tax-exempt, such as schools, churches and government facilities. The value of residential and business property is known as the tax base. The accompanying chart ranks communities' tax rates. It also shows the city's tax base and the taxes (levy) produced by multiplying the Rte times the tax base. Figures are adjusted to reflect the sharing of commercial -industrial tax base growth in the metropolitan area as required under the state's Fiscal Disparities law. It permits small communities to share the benefits enjoyed by cities with extensive development. People with low tax rates don't necessarily pay low taxes, however. In North Oaks, which has the second Lowest tax rate, the tax on the average home of $3,727 is the higbest in the metropolitan area because the average home's value is nearly $212,000, according to a Citizens League survey of property taxes that included school and all otber taxes. And there are other hidden costs, Said Diane Loeffler, a tax analyst for the Minnesota League of Cities. Many cities pay for road or other improvements by charging fees or special assessments, which are not Included in tax rates. North Oaks' tax rate is low because it has no public water or sewer service and residents pay homeowners' association fees, typically about $290 a year per lot, for road maintenance and recreation programs, said Lee Lawton, sales manager of the North Oaks Co., a developer. On the other hand, residents can't deduct association fees or association assessments from their state and federal income taxes. Homeowners who pay for services through property taxes can deduct those taxes. The Impact of a large tax base can be seen in Edina, which has the eighth -lowest tax rate but raises more than $6.5 million in property taxes. It has an assessed tax base of $629 million, according to the Hennepin County auditor. Jerry Dalen, Edina finance director said the rate is low because of a tax base that includes Southdale shopping center and many homes gelling for $115,000 or more. In contrast, Shoreview has about the same rate as Edina. but its tax base is only $130 million. Multiplying that base by 10.265 mills raises $1.1 million, a fraction of Edina's tax income. One way to compare tax bases is on a per capita basis. North Oaks has the largest tax base per capita, $17,519, for communities of 3,000 or more people in the Twin Cities, according to the most recent (1983) figures from the state auditor. Next higbest is Wayzata, $16,531, followed by Oak Park Heights, $16,253, Orono $15,916, and Edina, $15,912. Minneapolis' tax base was $8,594 per resident, and the state average was $7,134. Officials in Minneapolis and St. Paul say their high tax rates are largely due to the higL cost of full-time fire. police and public works departments needed in large cities. But they also contend that the central cities suffer from "municipal overburden," caused by tens of thousands of commuters who use city services, and by the relatively large number of poor residents in central cities. They said that low- income areas require more police service and that older buildings in downtown areas are more susceptible to fire, increasing fire protection costs. "About 110,000 people come downtown to work every day. There is a cost to our traffic system and regulation," said Minneapolis Mayor Don Fraser. He also noted that, unlike many cities, Minneapolis pays for garbage pickup through its property taxes, and that pickup will -exist about $12 million this year (the equivalent of four mills). Minneapolis residents also pay to maintain the chain -of -lakes parks, which are used by many suburban residents, he said. The city pays 75 percent of the cost of its road improvement program. while many suburbs charge the entire cost to developers or property owners affected, said Jack Qvaly, secretary of the city Board of Estimate and Taxation. Rates continued on page 2Y Comparison of municipal tax rates �� ;.,Rate =w4 (,964 pop, Veto- tai bsee ifaz" Andover(10,300) 12.955 16 :44,765,481 $679,937 C6ntinued from page IY Anoka (15,5W) 19.617 80 77,608,227 1,520,479 Apple Valley (24,990) 26.112 75 121,117,157 3,182,611 Arden HNle (8,860) 8.674 6 86,012,672 737,400 St. Paul also pays for sewer and 94**(32AM) 14._841 31 /31,826,567 1,927,144 paving programs through property Bloorttltsgion (83,710) 17.303 47 789,881,586 13,321,261 ;tat assessments, Finance Brooklyn Center (30,820) 16.506 39 188,643,890 01,113,756 said Dlrec- Brooklyn Park (48,780) 20.801 63 244,488.205 6.085,183 ; for Peter Hames. City bond debt pay. Burnsville (38,380) 24.115 72 303,669,144 7,321,052 menta account for about a third of St. Champlin (10,270) 20.405 62 44,929,940 916,795 I i Paul's tax rate this year, he said. Chanhaseent (7,130) 27.293 78 50,226,208 1,364,313 Chaskat (9, 110) 16.035 34 44,551,247 869,382 Circle Pines (3,990) 18 656 41 16,354,843 272,406 Robert de la Vega, a tax researcher Columbia Hts. (19,630) Columbus Twp. (3,450) 16.300 13.212 37 19 95,086,925 14,021,677 1,549.591 186,254 for the Citizens League, said that the Coon Rapids (40,780) 19.414 $7 168,948,215 3,629,413 municipal overburden argument has Corcoran (4.6W) 13.936 27 2s,2o6,91z 361,362 some validity, but that the cities also Cottage Grovet (20,290) Crystal (44,850) 24.844 17. 3 73 49 93,439.740 55 119,4, 2,300,291 2,074,111 benefit from the tax base provided Dayton (4,100) 17.88ee3 50 16.939.19,191 299,197 by strong Commercial areas thpt Otephavein (3,670) 12.882 13 42,883,404 540,467 draw commuters. Eagan (26,470) 21.039 65 202,032,411 4,260,560 East Bethel (7,180) 8.422 4 27,651,418 232,860 Eden Prairie (21,250) 19.961 61 244,505,645 4,86,677 And overburden problems in the Edina (45,280) 10.342 a 829,054.883 6.505,688 Twin Cities are minor, compared Falcon Heights (5,220) Farmington (4,550) 14.898 32.403 33 63 28,811,443 20,632,612 429,233 855,318 with those In cities such as New Forest Lake (5,090) 23.180 70 27,368,233 634,349 York, Boston or San Francisco Forest Lake Fridley (29,7W) (5,640) 13.271 14.854 12 32 30.275,772 196,123,291 2,0. .2N where property taxes are used for Golden Yalley (22,410) 16.888 44 242,674,857 4,097,806 health care and Welfare payments Grant Township (3,240) 8.357 1 24,589,886 156,191 t for low-income residents, de le Vega Ham Lake (8,440) 12.805 14 33,275,004 426,068 Hastings (13,M) 30.125 82 54,162,724 1,631,652 laid. Hopk Ins (15.240) 18.770 42 121,724,850 2,041,322 Hugot (3,900) 10.709 10 19,805,397 183,424 Farmington has none of the overbur- Inver Grove Hta. (16,200) Lake Elmo (5,720) 22.681 14.451 67 29 91,918,030 32,412,991 2,073,763 488,400 den of Minneapolis po and St. Paul, but Lakeville (16,420) 22.893 68 81,972,065 1,678,686 this Dakota County city has another Lino Lakes (6,030) 26.400 77 24,875,071 856,702 problem that helps give it the area's Unwood Twp. (3,090) 16.337 38 11,611,180 189,692 third-highest Little Canada (7,590) 23.976 71 48,188,493 1,155,367 tax rate, Mahtomedl (4,050) 12.643 12 23,812,221 298,529 Maple Grove (25,720) 19.523 59 184,349,147 3,208,588 About 45 fCeIIt Of lib assessed Maplewood (28,130) Mendota Heights (7,820) 19.359 16.214 56 36 221,710,310 68.577,909 4,292,090 1,111,922 property value is tax-exempt, largely Minneapolis (364,250) 34.710 65 2,480,135,081 66,085,489 due to the regional air traffic control W'netonka (40,930) Minnetrista 18'828 43 438,968,681 7.352.233 Center, said Finance Director W8 Wayne (3,330) Mound (9,600) 15.472 17.234 35 46 35,000,180 59,084,010 641,522 1,018,254 Henneke.. By comparison, about 22 j Mounds View (12,870) 13.933 26 63,32,435 742,914 percent of the assessed property val. New Brighton (23,490) 11.001 11 135,624,396 1,492,004 ue in Minneapolis !S tax-exempt, and New Hope (23,030) New Sandia (3,020) 13.810 13.572 23 21 143,148,236 16,963,248 1,976,877 230,225 that figure is fairly high, officials Newport (3,420) 20.915 64 21,831,295 456,602 ) said. North Oaks(3,000) 8.864 2 48,884,564 335.406 Noah St. Paul (12,150) Oak Grove Twp. (4,280) 13.672 10.448 22 9 64,518,308 19,235,177 745,374 200,969 The effect of tax-exempt property Oak Parte Heights (3,190) 13.919 25 47,788,892 665,174 Can be overcome. About 40 percent Oakdale (13.110) 17.186 45 6,321,826 1,036,691 of Arden Hills' assessed property Orono (6,820) Plymouth (37,050) 9.778 14.538 6 30 100,033,979 350,870,690 978,132 6,100,958 value is exempt, mostly because the Prior Laket (8,520) 26.404 76 50,412,862 1,316,580 Twin Cities Army Ammunition Ramsey (10,860) Richfield (37,160)19.467 17.314 4E 58 44,225,884 214,615,467 765,723 4,177,849 p]gIIj, which OCCU pies about a third Robbinsdale (14,080) 25.670 74 71,443,816 1,833,963 of the city, said City Clerk-Admiais- Rosemount(5,790) 19.182 55 38,870,148 745.W7 trator Charlotte McNiesh. But the Roseville (35,770) St. Anthony (5,420) 13.140 12.906 17 15 320,565,889 69,637,965 4,212,236 769,688 city has extensive industrial develop. St. Louis Park (42,730) 18.497 53 363,840,482 6,729,957 ment, including Control Data and Sl. Paul (269,240) 32.905 84 1,533,417,026 W,457,087 Land U' Lakes plants, Which have St. Paul Park (4,820) Savage (5,070) 18.075 27.977 51 80 18,363,142 30,646,489 331.733 636,838 increased �e �� to 8 very high Shakopeet (10,830) 18.190 52 73,970,072 1,314,935 $12,139 per capita. Shoreview (19,760) 10.265 7 138,028,537 1,416,863 Shorewood (4,750) South St. Paul (20,W) 22.914 29.183 69 81 49,109,357 83,861,803 1,125,292 2,447,333 Combine that base with a fiscally y Spring Lake Park (6,480) 14.382 28 27,528,169 395,910 conservative city council, and Arden Stillwatert (12,770) Heights 27.632 79 68,403,138 1,859,705 Hills, 141 population 8,860, emerges With Vadnais (7,300) Wayzata (3,560) 13.272 16.536 20 40 44,486,971 51,441,633 690,431 85,639 the fifth lowest tax rate, 6.674 mills, West St. Paul (18,250) 21.884 66 100,267,347 2,194,251 while still providing snow removal, White Bear Lk. (22,670) 13.872 24 114,483,160 1,588,110 sewer and Water White Beat Twp. (6,800) 7.924 3 39,928,816 316,396 service. Woodbury (12,660) 18.808 54 g8.159,133 1,846,177 ' W rates are muycpY portion of Property tax mill rates for oomremnies of 3,000 a "We have a small amount Of debt," more people n the aeow-c my metropobw area In most uses, funky inp the ma rate said Mayor Robert Woodburn. 'The tones thepr tax base odthe uces levy Wrete. levy and tax base are sc* aled due to a ppnmerCOHriclyathal tax base slump law (fiecal dspamies) for the .ever, -essay matru � attitude of the council is that the city poiitan ares. The law may ra" n Of 8 percent in 1101 opn County, a city's roll rate beep raised a iowered by u m ch as 7 ai county tax officials d AN figures are nm ecarry Is run like a family. You buy what seemor ease you can afford and you don't buy t ar rates are for urban parte of thane Cities, which also have a rural rrel -a for oarhsi ems." areas. Tax base figures ndude rural end urban ares. Levies aro based on total r" end ananything" urban tax base Suburban Office Space Booming By Eric Wieffering F I ER A relatively quiet 1984, when absorption of office space in the suburbs outstripped de- velopment (and vacancy rates dropped from 18 percent to 15 percent), another suburban building boom and higher vacancy rates are on the way. In the next 12 months, more than 2 million square feet of office space are scheduled to come on line in the suburbs. As a result, leasing agents predict that vacancy rates will climb to over 20 per- cent and stay there through 1986. This means that, statistically, the next two years are likely to be reminis- cent of the suburban office boom of the late 1970s. But the similarity ends there, says Tom Holtz, senior salesman for Goldwell Banker. In years past, Holtz says, developers had to fill space fast so they could cover construction debt. Now, he explains, most office parks are joint ventures involving large partners with deep pockets. "There's not the same urgency [to lease up] because there's a lot of patient money behind it." The current development is "more financially driven than demand - driven," says Holtz. "These groups R i • m ►�nm m < .� O =.0 =S. F~+�m•S��p'_�' m m'eo Z7q m-— e�Rp E �R� ►'r lm..►�`< V 13 m ��.��.iLm < y -• Rrz < z ° C m < O�7p 7RJ O 0 3 03. , d0 R moo m m ro C O< m R O O N 3 7 e+ eG. m 7' R d M C . f9 �• R e9 0• O C. FD .'7 O ep m m+ O !) c m moo �+a, S.o m eo ac o c o� m b O° 5'ots RRTa A E m pi o m e A K o e0 3 ,, m m o.m m m m C yes ..Ro =p:m •+ < °'cam �.m+.a�°•� m 3 c m �� 3 m �C R • .± •t m V m - m e o°'`mmo°O� gE�o 5mnooCCEo'-1 m �3 rsR—off �o°_°. n�MC a3i 3� .°,a;0 o'dc0 =90 m Dov � � -c°° So' p�mQ mcn�oem m$o mmD nom ° 3o oo-r�p3 m .m M `J f3. pp'p0 r. O 3 '.1 C eD m ,.. 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C = T we na Ro a, C� a� m o r- -9 3m70 cb �3 < R mO o�Dmo,�m< yR em+'�,RJ7�7• O'O y� 0 3.. m E� E� m m ti mooa� to Ree, °. 3o fD m`<•m ^� m c 3 m �m E m"m ver. mox-°00 cR3m� mem< p-' O O 7 � r- � �' � eD A O 70 O A 'lj o o e g I• • p 3 v_ 3 • o 3 = 9 m o i » w 7 d a a el O • w M j N 6 4D a.7 A 3 w? a a o 3 m m 7t �J1 a CL w a ,o a nca 7r N a O?' o a 2 w o� m C o �" � � oo `•� 3 E `° s (� A •' A A C � A Na O Iii N 6go7� N P W - ippNl� N QqO pNI 8A a h 'lj S � W Ar VAn YjG�'- ✓il yyvscVy�ii _e`t�/T.Vi}y�Ly�fr/�w..JST`w(e"Y Jt } 4 �o`years' suppLv remaits The nodt Authhe Mc d b 8 Pai ocia-rs nSjisstot:Qd the McComb in study ere�rt- ,. )Unction with its partief atibn ift the NPS 3 sh ws vacantt%naacu fu .;:x�t of the V@pttt��'gtepi.�i',4 btlia�n i rates A offlee space .: .., jn dowsz�St. ,Paul have ; 9 8�, vrii� add "squst�a fact the offzce tear et,1'w�r>o ieJ recently'falTen-t`6,108, ercea irosn a hi of"17.1 P P percent is September tteveioih, the 0. the13,r .. - 198 - The foreeagt; '. by sanies E1: , M'ccbmb and Assoc) Utes, � N'orlhern depot aad Gainer: a^ IL aiid 320. f1U sgitareft�t'. also evn dudes 'that additional offita apace of Ctass effice to tle-market •. McCOrnh Based offt.m space beyoiid all that ndw unde ,construe " tion,"; will, be needed to meet -hit, - demand. estimates an currelt grow)};„_. grojectidns growth witliin the next:four 3 rs«" _ for the city. There are,in- -estimated 24 400 doWntown. office a findings ares sitoiiar to ° -” eraeSakthose_-ruade'� :.. workers now-�aa4 , an 8v- whioii_pegged the vacancy rate at 11-A - rowib,azualgxpermu _ McCotab estimate$: 'there wit1, tot," t at the €ttd of 1984. Minae 3012M Office, by 1990 aad v rate; acebrd�ng �ancq_ is ;� 37;606 by 1995. �;s; _ CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 13, 1985 The regular meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Wire, Stulberg, Magnus, Plufka, Mellen, and Pauba STAFF PRESENT: Community Development Coordinator Sara McConn City Engineer Sherm Goldberg Community Development Secretary Grace Wineman CONSENT AGENDA MINUTES MOTION by Commissioner Wire, seconded by Commissioner Magnus to approve the Minutes of March 13, 1985 as submitted. VOTE. 5 Ayes. Commissioner Plufka abstained. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the request by WGK Proper- ties, Seal n' Shine for a full-service carwash. Reading of the March 5, 1985 Staff Report was waived. Chairman Steigerwald introduced Mr. Karl Irwin, petitioner and called for questions from the Commission. Commissioner Pauba inquired about the service center on the site plan. Coordinator McConn advised that a Site Plan for the land to the west will be reviewed at a subsequent meeting. Staff requested that grading plans be consistent for both developments. Mr. Irwin explained that, this is a full-service carwash in contrast to a self -serve operation, and will be fully staf- fed during all hours of operation from 8:00 A.M. to 8:00 P.M. Monday through Saturday, and 11:00 A.M. to 6:00 P.M. on Sunday. Chairman Steigerwald confirmed that they would com- ply with the provisions for signage in the Ordinance. Chairman Steigerwald inquired about the memorandum from the Fire Chief relative to the variance from the fire lane re- quirements, and confirmed that the Fire Chief recommends approval of this variance request. Commissioner Stulberg confirmed that this variance must be addressed by the City Council rather than the Commission. Coordinator McConn stated that the conditions of approval, that include approv- al for the fire lane variance, are sent forward to the City Council. -55- *MINUTES - MARCH 13, 1985 WGK PROPERTIES, SEAL n' SHINE CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCE (85009) Page 56 Planning Commission Minutes March 13, 1985 Commissioner Wire inquired about the landscape plan and stated his concern that the landscape treatment seems to be concentrated at the rear of the building, and less is planned for the front of the building. Mr. Irwin explained they have trees flanking the building and a berm with shrubbery is planned for the front; he pointed out the sodded areas. Commissioner Wire stated that, as the Commission has looked at other commercial development in the area of County Road 18 and 36th Avenue, they have had concerns about the original landscaping when different uses propose to locate in the area, and there is a need to provide more appropriate landscaping plans. He stated it is important to minimize and soften the impact of these commercial buildings. He noted that there will be six service bays to this facility facing the frontage road, so that several over -story trees would screen the appearance of the building. Mr. Irwin stated the building is set back 100 ft. from the roadway and there is berming with grass and shrubs which will contrast and compliment the building. Commissioner Wire agrees that the plan meets the Policy requirements. He asked for staff's recommendation. Coordinator McConn confirmed that the Commission could make recommendations to redesign the plan. Chairman Steigerwald opened the Public Hearing; and, as there was no one present to speak the Public Hearing was closed. MOTION by Commissioner Stulberg, seconded by Commissioner NOTION Wire to recommend approval of the Site Plan and Conditional Use Permit for Seal n' Shine changing Condition No. 12 to read as follows: The site shall be maintained in a sanitary manner and should the petitioner fail to comply with this provision, management shall be notified of the irregularity, and given 24 -hours to comply. In the event management does not comply, the City shall proceed with the necessary cor- rective work and assess the cost against the property. MOTION by Commissioner Wire, seconded by Commissioner Magnus NOTION TO AMEND to AMEND the MOTION with the addition of Condition No. 18: That placement of landscaping will be rearranged from the back to the front of the building. Commissioner Plufka noted that, the front elevation is 906 and up to 910 all the way to the building, so that the placement of trees may reduce visibility for the business. He stated that in his review of the landscape plan he did not consider the topographic features as a berm, however, it is his opinion that berming at the front of the building has merit. The Commission reviewed the landscape drawings. Page 57 Planning Commission Minutes March 13, 1985 Commissioner Wire agreed and stated the Motion should spec- ifically call out the berming. Commissioner Plufka stated that the berm would shield the roadway from headlight glare. Commissioner Wire revisd his MOTION to AMEND stating that a REVISED MOTION TO berm would be installed with suitable landscaping in the AMEND front yard area on the south side of the building. Commis- sioner Magnus as seconder agreed. Commissioner Stulberg inquired whether there should be dir- ection on the amount of shielding. Commissioner Wire stated it was not his intent to redesign the landscaping plan for the petitioner, but to suggest that berming with some shield for the frontage road is a good plan. Chairman Steigerwald introduced Mr. Dan Landwehr, 2885 North Regent Avenue, owner of the property who commented that the site plan gives visibility to the business, and berming could block that visibility. Chairman Steigerwald explained that the Commission is not recommending a certain height for the berm nor solid screening, only that it be sodded and have shrubbery. Commissioner Plufka confirmed that the berm should keep vehicle headlights from beaming out onto and across the roadway. Chairman Steigerwald advised the pet- itioner that City staff would be happy to work with them to achieve these suggestions for the landscape plan. Mr. Irwin commented that they have been cooperative in designing a plan that meets the City's Ordinance require- ments, and he is concerned that the same requirement has not been made for the properties to the west. Chairman Steiger- wald noted that Burger King's plan shows low shrubs along the boulevard and they are installing a berm. Coordinator McConn confirmed this and, reviewed the landscape plans for these properties. Commissioner Wire commented on the archi- tectural differences between this facility and the Burger King facility noting that, Burger King has a greenhouse front and would have a different landscape design. Chairman Steigerwald confirmed that the Commission is not recommend- ing additional landscaping, only rearrangement of the plant- ings on the site. Commissioner Pauba asked the City Engineer about the volume of water to be used by this facility and the impact it may have on the City's water system. City Engineer Goldberg ad- vised that the carwash would use a re -circulating reclama- tion system and would not negatively impact the City's sewer and water system. Roll Call VOTE on AMENDMENT. 7 Ayes. MOTION carried. VOTE - AMENDMENT Roll Call VOTE ON MAIN MOTION as once AMENDED. 7 Ayes. VOTE - MAIN NOTION MOTION carried. Page 58 Planning Commission Minutes March 13, 1985 NEW BUSINESS Chairman Steigerwald introduced the next item for the con- struction of two office/warehouse buildings and introduced Mr. Charles Radloff, 1408 Northland Dr., petitioner. Read- ing of the March 5, 1985 Staff Report was waived. Mr. Radloff stated he has reviewed the staff report and has no questions on the report. MOTION by Commissioner Wire, seconded by Commissioner Pauba to recommend approval for the Lot Division, Site Plan, and Variances for M & K Properties, Airport Business Partnership subject to the conditions as listed in the draft Resolution. Roll Call VOTE. 7 Ayes. MOTION carried. Chairman Steigerwald introduced the next item concerning variances from the Urban Development Policy and Subdivision Code to create a developable parcel in the unserviced area of Plymouth. Reading of the March 5, 1985 staff report was waived. Chairman Steigerwald introduced Lori Johnson, 19406 Yttrium St., Anoka; and, Ken Weir, 1262 Hunter Dr., Wayzata, repre- senting the petitioner. Ms. Johnson stated her concern that the City is complaining there is no water or sewer available to the property and that this request would be deterimental to the health and welfare of the citizens of Plymouth. She stated they have no need for nor are they requesting public utilities; and, she wonders about the justification of denying their request. Chairman Steigerwald inquired if Ms. Johnson is familiar with and understands the City's Policies and Codes concern- ing the division of property in the areas of Plymouth that are not served by public utilities. Ms. Johnson stated that it appears the City is concerned about private systems being detrimental to the community and natural resources; and, that it would place a burden on police and fire; however they are planning on leaving the property as raw land. Chairman Steigerwald explained the Urban Development Policy and inquired why the petitioner is requesting the division. Ms. Johnson and Mr. Weir explained that the property was sold as divided and they want to file this division with the County. Mr. Weir added that he bought 39 acres of land from & W with an option to buy the house and 5 acres. Instead of paying taxes for the whole 45 acres, he has asked 3 & W to file the division creating two separate parcels. He stated he is not considering any development until public utilities are available. M & K PROPERTIES AIRPORT BUSINESS PARTNERSHIP - LOT DIVISION, SITE PLAN AND VARIANCES (85008-A/B) MOTION VOTE - MOTION CARRIED WYMAN JOHNSON, J & W PARTNERSHIP VARIANCES FROM POLICY RESOLUTION NO. 75-664 FROM THE PLATTING RE - REQUIREMENTS OF THE SUBDIVISION CODE AND LOT WIDTH REQUIRE- MENTS FOR THE FRO ZONING DISTRICT (85004) Page 59 Planning Commission Minutes March 13, 1985 Chairman Steigerwald inquired if Mr. Weir had reviewed the Urban Development Policy and Subdivision Code; Mr. Weir answered negatively and explained__he -A)oughtthe land__in_ 1980. Commissioner Plufka inquired if the purchase took place so long ago, would it not be a recordable sale. Coordinator McConn explained that many times, property is purchased on unrecorded Contracts for Deed. Commissioner Plufka stated concern that, in 1980, State law was adopted stating that local government approval would be required for division of certain property; but that perhaps this property owner was not aware of the law at the time the property was divided for sale and it is difficult to judge whether they should be denied their request to file the division. Coordinator McConn confirmed that it was in 1980 that the State statutes were changed; however, she was not informed of the date on which this property was sold. Chairman Steigerwald concurred with Commissioner Plufka. He stated the City Council will review and take action on this request, and they may also be concerned about the timing and that these people may have been caught in between the date of purchase and change in the statutes. MOTION by Chairman Steigerwald, seconded by Commissioner NOTION TO DENY Plufka to recommend denial of the request for variances from the Policy Resolution No. 75-664; and from the platting re- quirements of the Subdivision Code and Lot Width require- ments for the FRD Zoning District for Wyman Johnson, 3 & W Partnership, on the basis that compliance with variance cri- teria has not been demonstrated. Commissioner Plufka ex- plained the division should be denied on the basis of good planning. Chairman Steigerwald explained that the Planning Commission is an advisory board to the City Council, and the Council takes final action on all applications. VOTE. 7 Ayes. MOTION carried. VOTE - NOTION CARRIED OTHER BUSINESS Coordinator McConn reviewed the status of development pro- posals coming up for Planning Commission consideration. The Planning Commission unanimously recommended that Commis- sioner Magnus should be re -appointed as liaison to the Parks and Recreation Advisory Commission (PRAC); and, Commissioner Plufka a liaison to the Board of Zoning Adjustments and Appeals (BOZA). Councilmember Crain provided a summary of recent Council actions for various planning applications. ADJOURNMENT The meeting adjourned at 8:07 P.M. RECOMMENDATIONS FOR MARCH 13, 1985 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR WGK PROPERTIES, SEAL 'N SHINE (85009) WHEREAS, WGK PROPERTIES has requested approval of a Site Plan, Conditional Use Permit and Variance for a full-service carwash to be located approximately one block east of Nathan Lane, north of County Road 9; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for WGK Properties for a Site Plan, Conditional Use Permit and Variance for a full-service carwash to be located approximately one block east of Nathan Lane, north of County Road 9 subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. Any signage shall be in compliance with the Ordinance, limiting wall signage to 96 sq. ft. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure, and no outside waste storage is permitted, the enclosure gate shall be constructed per Ordinance requirements. 8. No Building Permit to be issued until the Final Plat and documents allowing for the shared drive are filed and recorded with Hennepin County. 9. Approved Variances include: a waiver of the fire lane requirements along the east side of the building. PLEASE SEE NEXT PAGE Page two 10. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 11. The permit is issued to the WGK Properties as operator of the facility and shall not be transferable. 12. The site shall be maintained in a sanitary manner and should the petitioner fail to comply with this provision, management shall be notified of the irregularity, and given 24 -hours to comply. In the event management does not comply, the City shall proceed with the necessary corrective work and assess the cost against the property. 13. There shall be no outside display, sales, or storage of merchandise or related materials. 14. Hours of operation shall be limited to 8:00 A.M. to 8:00 P.M. Monday through Saturday and 11:00 A.M. to 6:00 P.M. Sunday. 15. Compliance with applicable Building and Fire Structural Code requirements shall be verified by the City prior to Permit issuance. 16. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 17. The facility shall be supervised by an employee during all open hours. 18. A berm will be installed with suitable landscaping in the front yard area on the south side of the building. RECOMMENDATIONS FOR MARCH 13, 1985 APPROVING SITE PLAN AND VARIANCES FOR M & K PROPERTIES, AIRPORT BUSINESS PARTNERSHIP (85008-A) WHEREAS, M & K PROPERTIES has requested approval of a Site Plan and Variances for a 44,556 sq. ft. office/warehouse facility to be located on Parcel A, on the southwest corner of Fernbrook Lane and 23rd Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for M & K Properties for a Site Plan and Variances for a 44,556 sq. ft. office/warehouse facility to be located on Parcel A, on the southwest corner of Fernbrook Lane and 23rd Avenue North, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 6. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. The enclosure gate shall be constructed per Ordi- nance requirements. 7. No Building Permit to be issued until the Lot Division is filed and recorded with Hennepin County. 8. Approved Variances include: waiver of side yard setback requirements for parking and drive aisles to allow for shared and combined facilities. 9. Appropriate legal documents, as approved by the City Attorney, shall be filed on the property, allowing for the shared and combined drive and parking facilities. RECOMMENDATIONS FOR MARCH 13, 1985 APPROVING SITE PLAN AND VARIANCES FOR M & K PROPERTIES, AIRPORT BUSINESS PARTNERSHIP (85008-B) WHEREAS, M & K PROPERTIES has requested approval of a Site Plan and Variances for a 23,688 sq. ft. office/warehouse facility to be located on Parcel B, on the southwest corner of Fernbrook Lane and 23rd Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for M & K Properties for a Site Plan and Variances for a 23,688 sq. ft. office/warehouse facility to be located on Parcel B, on the southwest corner of Fernbrook Lane and 23rd Avenue North, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. Provisions for a 30 ft. wide trail easement per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City Standards. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 6. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. The enclosure gate shall be constructed per Ordi- nance requirements. 7. No Building Permit to be issued until the Lot Division is filed and recorded with Hennepin County. 8. Approved Variances include: waiver of side yard setback requirements for parking and drive aisles to allow for shared and combined facilities. 9. Appropriate legal documents, as approved by the City Attorney, shall be filed on the property, allowing for the shared and combined drive and parking facilities. RECOMMENDATIONS FOR MARCH 13,1985 DENYING THE REQUEST FOR VARIANCES FROM POLICY RESOLUTION NO. 75-664 AND THE SUBDIVISION CODE FOR WYMAN JOHNSON, 3 & W PARTNERSHIP FOR PROPERTY LOCATED NORTH OF COUNTY ROAD 24 AND EAST OF BROCKTON LANE IN THE NORTHWEST QUARTER OF SECTION 19, 19010 COUNTY ROAD 24 (85004) WHEREAS, Wyman Johnson, 3 & W Partnership, has requested approval of Variances from the Subdivision Code and Urban Development Policy Resolution No. 75-664, to divide an unserviced 45 acre parcel into a 5.67 acre and 39.35 acre parcel by metes and bounds description rather than platting, and lot width variance; and, WHEREAS, the Planning Commission has reviewed the request and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for variances from the Subdivision Code and Urban Development Policy Resolution No. 75-664 to create a developable parcel in the unserviced are of Plymouth on the basis that: 1. The petitioner has not clearly demonstrated compliance with the Variance Criteria of the Subdivision Code. elm creek Conservation Commission 3030 HARBOR LANE • SUITE 100 • PLYMOUTH, MINNESOTA 55441 • PHONE: 553-1144 M I N U T E S March 13, 1985 I. The meeting was called to order at 5:15 p.m. by Chairman Fred Moore. II. Terry Muller moved and Earle Strande seconded a motion to approve the February 13, 1985 minutes with the following correction: Item VI. should read: Borchers reported on the status of ratification of the Formal A5reement. [As of February 26, 1985, all member communi- ties have ratified the Agreement except Dayton, Rogers and Maple Grove.] Motion carried. III. Robert Derus moved and Sarah Lutz seconded a motion to accept the Trea- surer's Report and pay the bills. Motion carried. IV. Those present: Terry Muller - Maple Grove Randy Johnson - Champlin Earle Strande - Dayton Sarah Lutz - Medina Robert Derus - Corcoran V. Reports from the District Office. Fred Moore - Plymouth Leon Zeug - Conservation District Mark Johnston - Park Reserve Steve Peaslee - Hassan Judie Anderson - Exec. Secretary A. Water Quality Monitoring The 1985 stream monitoring program will begin this month. B. Medina Interceptor - The new lift station became operational February 14, 1985. C. Champlin Mill Pond - The HCD staff will submit their findings and recommendations by early summer. D. Plymouth Flooding - The City of Maple Grove has applied for a permit from DNR to excavate Elm Creek. Moore moved and Derus seconded a motion to ap- prove the permit with the recommendation that Maple Grove prepare a plan to , stabilize the gully. (The District Office will cite some possible solutions.) Motion carried. VI. Anderson reported that only Maple Grove has not ratified the Formal Agree- ment. VII. Zeug will work map references from the Flood Plain Regulations into the Management Plan and will talk to the DNR regarding his latest revisions. Minutes March 13, 1985 VIII. Anderson was directed to send a letter to Mark Babcock affirming his ap- proval to audit the 1984 financial records. IX. Cost Estimates for the Plan Covering the Dayton Addition - The HCD is seeking new bids on smaller maps. These proposals will e o ered to the Com- mission. X. The nominating committee presented the following candidates for office: Fred Moore - Chair Dean Rick - Secretary Sarah Lutz - Vice Chair Robert Derus - Treasurer There being no further nominations, Peaslee moved and Strande seconded a motion to elect these candidates by unanimous ballot. Motion carried. XI. Plat Reviews. a. 85-002 - Aran Dolinski Office/Warehouse - Maple Grove. b. 85-003 - Lord of Life Addition - Maple Grove. c. 85-004 - St. Joseph the Worker Church - Maple Grove. d. 85-005 - Tom Thumb Convenience Store - Maple Grove. The HCO made recoinnendations for erosion control on all four projects No action by the Commission was necessary. It was the consensus of the Commissioners that the By -Laws should spell out what projects should come before the Commission for review. HCD and Anderson will put together numbers for the 1985 Co-op Agreement with the Hennepin County Park Reserve. The Commissioners expressed interest in co -inspecting Dayton Park Properties with the MPCA. Lutz moved and Strande seconded a motion to adjourn. Motion carried and the meet- ing was adjourned at 6:15 p.m. Respectfully submitted, 4 4__�Ok_ Judie A. Anderson Executive Secretary JA FLUSHING SCHEDULE SPRING 1985 April 10,11 & 12 Industrial areas along I-494 both sides. April 15 Maple Creek, Maple Dell, & 25th. Ave. Dunkirk tos101, Steeple Chase Fox Run. 17th. and 18th. off Fernbrook, Parkers Lake, Harbor to Niagara off Co. Rd. 15. April 16 Ponderosa, Willow Ponds, Fazendin Park, Sunny acres, Queensland and 101, and Candlelight Terrace. Niagara to Vicksburg between Co. Rd. 15 and 9th. Ave. and Cimarron East. April 17 Shiloh, Seven Ponds and Seven Ponds East. Vicksburg and Birch Briar, Birchwood, Cimarron Ponds and Zanzibar, 14th. Avenue off Co. Rd. 6. April 18 Meadowood, 30th. Avenue and 30th. Place off 101, Hughes Johnson, ane Ambur Woods. 9th. 10th, 11th, 12th. 13th. Aves. both sides of 101, Dunkirk and Garland, south of Co. Rd. 6 & 8th. Ave. west of 101 to Queensland. April 19 Greentree and Greentree West. Pinecrest, Hadley Hills, and Ferndale North. April 22 Maple Creek 2nd. Treehouse of Shenandoah. Vicksburg to Hwy 55 and Ranchview, Garland, north of Co. Rd. 6 Hawthorne Ponds, Burl Oaks, and Kingswood Farm. April 23 Chelsea Woods and Merrimac and Olive, north of Co. Rd. 6, Vicksburg Lane north of Co. Rd. 6. Cavanaugh addition and downtown Plymouth. April 24 Imperial Hills and Annex. Amhurst, Oxbow, Juneau Lane to Amhurst. April 25 Fernbrook from 55 to Co. Rd. 9, Fox Meadows, Fox Glen, Cedar Ridge, and Glacier, north of Co. Rd. 9. 11 FLUSHING SCHEDULE SPRING 1985 April 29 Creekwood Heights, Chippewa Trails, West Minister, Rappaport. Co. Rd. 15 from 494 to Zachary, including streets north and south. April 30 Northwest Business Campus, Heritage Estates, 34th. Ave. to Xenium West Medicine to Co. Rd. 9. Gleanloch acres, Beacon Heights both sides of Hwy 55. May 1 Sagamore, Nathan Lane both sides from Co. Rd. 9 to 51st. Avenue. Ivanhoe Woods and streets between Hwy 55 and 13th. Ave between Nathan Lane and Co. Rd. 18. Honeywell and Plymouth Shopping Center May 2 Zachary Ln. from Co. Rd. 9 to 36th. and Four Seasons from Union Terrace to Lancaster and 36th. Ave to 39th. Ave. Area from Larch Ln. to Forestview and from Co. Rd. 9 to 52nd. May 3 Mission Hills 4th. & 5th., Lost Lake, Colony Hills, Wellington, Quaker Lane, Orleans Ln. Nathan Ln north of 39th. Ave and south of Co. Rd. 9. Areas between Larch to Pineview and from 45th. to 58th. and 53rd & 54th. from Larch to Goldenrod. May 6 Mission Hills, Mission Ridge, Mission Ponds, and 36th Ave. to Jonquil. Wood Creek, 32nd., East Med. and Tiburon. Area from Hemlock Ln. to Zachary from tower to 54th. Ave. including Skyline Hills and Harrison Hills. May 7 East side of Medicine Lake from 32nd. to 13th. Ave. & Ridgecrest. Bass Lake area & Pike Lake area & Co. Rd. 47 to Prudential. May 8 Plymouth Creekview, Tangletown, and West Medicine form 26th. to Hwy 55 and So. Shore Dr. from Hwy 55 to 11th. Avenue. May 9 Taakwood and Oakview north of Hwy 55 & 18th. Ave. from Hwy 55 to Forestview. 'A Dear Community Leader/Organization: SCI T Y OF WA YZA TA 600 RICE STREET, WAYZATA, MINN. 55391 March 18, 1985 PHONE 473-0234 On Wednesday, April 17, from 7:30 to 9:30 P.M. at Plymouth City Center, we will present our "Please Don't Do Nothing" workshop for the benefit of the community. As you may know by now, the Wayzata area Chemical Health Commission's "Please Don't Do Nothing" d_,ug_an.d_.alcanol_awareness and prevention program has received national recognition for its achievements. In addition, the program has established itself as a vital link to our community's welfare and well being. Recently we! were invited to make a presentation to the Wayzata Crime Prevention Coalition, and on February 19 we were active participants in the "Opportunities for Excellence" workshop, sponsored by the Wayzata School District and Wayzata Community Education Services. By working with these and other community and corporate service organizations we have been able to project a non -threatening and realistic learning approach to setting personal and community standards on chemical issues. Whether the issue is when to abstain from chemicals, understanding the use and/or abuse of pharma- ceuticals, setting appropriate standards for yourself and your family, or just knowing how to react and respond to drug and alcohol problems in our community, "Please Don't Do Nothing" is specifically designed for you and your organization. The workshop is professional and informative, and is highlighted by a slide presentation created and produced by Wayzata Area Chemical Health Commission members. Workbooks are also available at a nominal cost. The information gained from the "Please Don't Do Nothing" presentation is rather like training in CPR; we hope you may never need the skills, yet some day, you or someone in your organization may be called upon to save someone's life... and so it is with learning about chemical health. By learning the skills of drug and alcohol awareness, you may also save someone's life, family, job and future. We encourage you to respond to a real community need. Please come on Wednesday, April 17, from 7:30 to 9:30 P.M. at Plymouth City_ Certter� 3400_ _Pfyinout�oule- var or Please Don't_Do Nothing". We wouldn't have come this far without your support, and your participation may make a difference in someone's life, perhaps—even your own. We cordially invite you to attend the session mentioned above, or better yet, call Wayzata City Hall at 473-0234 to arrange for your own seminar. Thank you for your consideration. We look forward to your early reply and responding to a very worthwhile endeavor. Sincerely, Wayzata Area Chemical Health Commission PLYMOUTH POLICE DEPARTMENT 1.3 . MESS. KEY CONTROL NUMBER [OCA) CONT. AGENCY NCIC (DET. CAG DATE/TIME REPORT MADE EM! O,dlal6,41, /N 0,2, 7L11]:;7]0, 0/ L. NBRGATE REPORTED RPO TIME RPO TRP LOCATION GRID NBR (LGN) DAY: SM T T F S 2[] l 0 PLACE COMMITTEE) (PLC) .�0� EAST /j1EDi/'iit/E 1.4.N� f�LY/) � z O L NBR 0 HRDSQUAD / ©/ OR BADGE • ISBN) TIME ASIG. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) T II— n Pers n V Visual / / 110210 / LNBR ISN UOC UCS LNBR 1 N U C a/�/ /c OFFENSE C3 OR INITIAL COMPLAINT[:] VICTIM (IF FIRM, NAMF OF FIRM 6 NAME OF PROP.) DIA/0' b. 7_10-IIi OFFER ASSIGNED ASSISTED BY SU/PTR. APPROVED DETECTIVE ASSIGNED IF VICTIM IS D.O.B. I OCCUPATION A PERSON 9-7'S, ERSON REPORTING OFFENSE TO POLICE FINDINGS. DISPOSITION OR LOSS DATE 6 TIME OCCURRED 3 -7 85'- BUSINESS ADDRESS 32oo 111�&*VU; N HOMO ADDRESS HRD Codes M A m O P - Phone R - Radlo A Alarm II— n Pers n V Visual M Mad T Other BUSINESS �PHOO�NE �JA/ 7 7 HOMEPHONE IF SCHOOL GRADE PARENT'S NAMES JUVENILE BUSINESS ADDRESS I BUSINESS PHONE HOME ADDRESS HOME PHONE /Karl - fi.►�'� ,424iSit� Anne jl�x e1e,s — Iva Pit ey �/jl�&Ir/fiart f7lX/ib �tKSS�'�ar�` man ,�{ / � � ,h �c //735.iN � r�S G✓� j0�1r�Zzl� %fi a I"�f � h�C'�" iClll�i��!/ �t� urs`- � 7h•'h /F'itf �� C`C�� ��/ �� �`lC� O / u ' 6 7 �i�r-,�' lid fly .t/�rf-y R �, f r� /i.•.►T• T/� wtf/► ,y► Ai�c/P C' -F 1 a'C'6c r Ar /h �L ,elaAL e lc� S �� i S �„�1 aJ'u l� to s UCS DISPOSITION P -Pending ❑ U - Unfounded ❑ A - CLRD/Arrest Adult A -Assist/Advised ❑❑ ENTERED CJRS BY: G - GOA/UTL ❑ C - Exc./CLRD. ❑ J - CLRD/Arrest Juv. ❑ R - Ref. Oth. Agency ❑ O - Other p PERSONS ARRESTED—SUSPECTS—WITNESSES 3 ADDITIONAL DETAILED REPORT ON CONTINUATION SHEET PLYMOUTH POLICE DEPT. SUPPLEMENTARY/CONTINUATION REPOR? OFFENSE OR INCIDE T CASE NO. VICTIM DATES TIME OCCURRED O/N t✓ 1 -7 -,YS- PRE .`i "c-1 �aa�,'/�OPr ah c✓a3 G'`'Q; �,h�y��, Qne e a S ru3 rT e✓��eI h ` ;ay i`ii3 t' _.Z^ c✓aS eye'' F�►a � /a" .H y � y ou7L -7-AJ a7` ,,a�-,�• t✓�.5 h{,hy ���" �i %s call c�r� �' o dif eeall 4xaS�r y 2.53 may, C , X705/ 76' 71 �, surf %�. r • i� w We 4 Yee 74 Ate/, G /iceY ✓ .�-{��.1 aK J1 L4_ e4 Lo �a r lQ�N �r�c �lPr f 6,,e,Pers�C anA,pyc P r • -7 og- � self oaf �p Olt 0-1 c k,067 �/t 7:tiieS March 18, 1985 Mr. Howard H. Barrett 1105 Medicine Lake Drive Plymouth, Minnesota 55441 Dear Mr. Barrett: CII 1 V1 PLYNOUTR VIA oma_ During the past summer the County resurfaced West Medicine Lake Drive in front of your property. There has always been a drainage problem adjacent to the roadway and with the resurfacing project the County attempted to correct this problem. After the spring snow melt is complete I would appreciate it if you would contact me if the drainage problem was not corrected last summer. If the problem continues to exist, the City will investigate whether any further measures can be taken. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 02 March 18, 1985 Mr. Dennis G. Bouts. 1645 Evergreen Lane Plymouth, Minnesota 55441 Dear Mr. Bouta: CITY C� PLYMOUTI+ The speed limits within residential areas are established by state law as 30 mph. The only areas where the City can reduce the speed limit to 25 mph is immediately adjacent to a school building or if there is a designated bike lane striped on the street. Neither one of these two conditions exists on Evergreen Lane where your home is located. Since this portion of Evergreen Lane is two blocks long, it serves only as residential access to the abutting properties. For this reason, almost all of the traffic is familiar with the area. Since the traffic is familiar with the area, the placement of additional signs will not affect the speed at which motorists are traveling. I would agree that because of the hilly, narrow and limited sight distance of Evergreen Lane, traffic should not even travel at 30 mph. Because of state law, the City of Plymouth cannot change the speed limit. Not only do traffic hazards exist from children within the area, but there are hazards that exist from vehicles entering or exiting the garages which are very close to the street. It would be my suggestion that you work with your neighbors in order that everyone is aware of the problem which you believe exists and can become more responsible drivers within this area. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 02 t CITY OF March 18, 1985 PLYMOUTR Mr. Dick Hatfield 2524 West Medicine Lake Drive Plymouth, Minnesota 55441 Dear Mr. Hatfield: In the past you have expressed a concern with the "No Parking" signs along West Medicine Lake Drive adjacent to your property. Presently, both sides of this street are marked for "No Parking" any time all the way from Highway 55 to County Road 9. By the posting of these signs, it makes it illegal to park. on the traveled roadway or the designated shoulder immediately adjacent to the roadway. Within this area, several property owners have developed parking places off of the shoulder of the roadway. It is permissible to park in these parking areas developed by the property owners. If you have a concern whether parking is permitted in the area adjacent to your property, I would suggest that you contact Dick Carlquist, Public Safety Director, and he will have an officer review this area with you. This should eliminate any question on whether parking is permitted. If you need any additional information, please contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles Dick Carlquist 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 a 114 CIN OF PLYMOUTF+ March 18, 1985 Mr. Ren Morris 1100 41st Avenue Plymouth, Minnesota. 55441 Dear Mr. Morris: As I believe you are aware, Hennepin County is planning on upgrading County Road 9 to a four lane roadway in 19116. This improvement is necessary because of the increased traffic and safety conditions which exist on the present street. At the Town Meeting you stated a concern with regard to street- connections to the new County Road 9. Presently, as the road is being planned, the only connections at the easterly end will be at Nathan.Lane/Lancaster Lane (new light by Holiday Plus) and at Zachary Lane. Both of these intersections will have traffic lights with new County Road 9. The present County Road 9 will serve as a frontage road to local traffic to Zachary Lane and then to new County Road the properties along the north side of County Road 9 will Avenue. This is a new street which will be constructed in the Holiday Plus and Sagamore Apartments. If there are any additional questions, please contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles provide access for 9. The access from be to 45th/46th 1985 northerly of 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 March 18, 1985 Mr. Larry Decker 2805 Revere Circle Plymouth, Minnesota 55441 Dear Mr. Decker: t CITY C� PLYMOUTI+ The City is also concerned with the impact on the DNR protected wetland in between 29th and 31st Avenue when this street connection is made in the future. During the past as the necessary sanitary sewer and water connections have, been extended into the area, there have been minor impacts on this wetland. In order to provide the remaining street connection, there will be very little additional impact on the wetland. The major work for the street has previously been performed. You suggested that Pilgrim Lane to 28th Avenue/Medicine Ridge Road be used as the collector street. Even with the completion of the 29th/31st Avenue connection, I am sure traffic will also use the 28th Avenue connection as a collector street. Both of these streets will tend to disperse the traffic and not concentrate it in the residential area which existed previous to the new development northerly of 28th Avenue. If there are any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 11 pyof March 18, 1985 PLYMOUTR The Reverend Donald H. Greven 3102 East Medicine Lake Boulevard Plymouth, Minnesota 55441 Dear Reverend Greven: I agree that it appears that the City has a difference in philosophy concerning the upgrading of East Medicine Lake Boulevard northerly of Medicine Ridge Road. As was stated at the Town Meeting, this street is a collector street as part of our overall street system. Because of the small geographic area between Medicine Lake and the frontage road along County Road 18, the area southerly of 26th Avenue does not require a cullector street adjacent to the lake. Because of the existing location of properties between 36th Avenue and 26th Avenue, it is not possible to eliminate East Medicine Lake Boulevard from our collector street system north of Medicine Ridge Road. The proposed upgrading of this street is necessary in order to provide a safe roadway for one vehicle in each direction and also accommodating the walkers, joggers and bicyclists along the street. If, as was discussed at the Town Meeting, a separate bike trail can be developed from the roadway surface, the upgrading of the roadway will probably be less than 44 feet wide. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 .c.� t--iCITY C� PLYMOUTR March 18, 1985 Ms. Kathryn M. Zeinemann 9800 26th Avenue Plymouth, Minnesota 55441 Dear Ms. Zeinemann: I As was stated at the Town Meeting, the City has future plans for the upgrading of 26th Avenue between County Road 18 and Medicine Ridge Road. At the present time this improvement is tentatively scheduled for 1986. Presently 26th Avenue is only two lanes wide, with a narrow shoulder on each side. The upgrading of the roadway would provide for two lanes of traffic in each direction with parking on one side for emergency stopping of vehicles. Abutting property owners along this roadway will be notified after the City develops more detailed plans for the improvement. A public hearing will be held to receive comments and suggestions from the property owners. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 5592800 ,� March 18, 1985 Mr. Douglas J. Taubman 10000 31st Avenue Plymouth, Minnesota 55441 Dear Mr. Taubman: i CITY C� PUMOUTR As was discussed at the Town Meeting, the connection of 29th/31st Avenue between Medicine Ridge Road and Pilgram Lane was planned as a collector street as part of the new development within this area. This street is necessary in order that the traffic generated from the new homes constructed north of 29th Avenue does not concentrate traffic through the existing development southerly of 28th Avenue. The speed limit on all of the roadways is 30 miles per hour as provided for by State law. After the 29th/31st Avenue connection is completed with the development of the properties adjacent to this roadway, the necessary stop signs would be installed to indicate right-of-way at the various intersections. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles _ 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 A CITY Or March 18, 1985 PLYMOUTF+ Richard and Vikki Mullenbach 10215 31st Avenue Plymouth, Minnesota 55441 Dear Mr. and Mrs. Mullenbach: As was stated at the Town Meeting, the 29th/31st Avenue connection between Medicine Ridge Road and Pilgram Lane was planned as part of the overall traffic system within this area. This street is necessary in order to provide a traffic circulation pattern which will not hav,i an adverse impact on the previously developed areas southerly of 28th Avenue. The construction of this street would take place as the remaining property adjacent to the proposed street developed into building sites. The City does not have a proposed project to ccnstruct this street but it would take place with the development of the adjacent land. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 u CITY OF PUMO.ITR March 18, 1985 Mr. Dave Burke 4220 Nathan Lane Plymouth, Minnesota 55441 Dear Mr. Burke: As a result of your comment at the Town Meeting, the City contacted Hennepin County concerning the street light pole lying on the ground at the southwest corner of Lancaster Lane and County Road 9. The County did have this damaged light pole removed within the next week. I wish to thank you for calling this matter to our attention. Sincerely, )-4 <::`�- iz-.r Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Al CITY OF PLYMOUTR March 18, 1985 Mr. Jerry Coffel 10225 31st Avenue Plymouth, Minnesota 55441 Dear Mr. Coffel: The City's Comprehensive Street Plan was first developed in the late 1960's in order to provide adequate planning for the expected growth of Plymouth. As new developments were proposed, the plan was revised and slightly altered as the exact location of the roadways were determined. The street plan as proposed and as is being developed provides an efficient movement of vehicular traffic with as little disruption to residential areas as possible. This takes into account areas which were developed previously to development of the plans. In order to change the City's Comprehensive Street Plan, it would require a public hearing by the Planning and Zoning Commission. This Commission would then make a recommendation to the City Council. If the City Council concurred with the proposed change, the City Council would request that the Metropolitan Council make the revisions to the City's adopted Comprehensive Street Plan. The City Council cannot make the final change without concurrence from the Metropolitan Council, the comprehensive planning agency for the metropolitan area. If you need any additional information, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 March 18, 1985 Ms. Marie Weiss 2845 Medicine Ridge Road Plymouth, Minnesota 55441 Dear Ms. Weiss: CITY C� PLYMOUTR As was discussed at the Town Meeting, the City has future plans for upgrading East Medicine Lake Boulevard between Medicine Ridge Road and 36th Avenue. The reason for this necessary street improvement is because of the narrow condition of the roadway which is not safe for the motorist or the pedestrian/biker. The upgrading of the street will make provisions for the walker/jogger/biker as part of the improvement. If a separate pedestrian/bike pathway can be developed separate from the street, the width of the street will be narrower. As preliminary plans are developed for the proposed improvement, the project will be developed to provide the least impact on any of the existing properties along the roadway. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 `4 i� CITYC� March 18, 1985 PUMOUTR Mr. and Mrs. Douglas Landry 10490 49th Avenue Plymouth, Minnesota 55441 Dear Mr. and Mrs. Landry: As was stated at the Town Meeting, the connection of 29th/31st Avenue between Medicine Ridge Road and Pilgrim Lane is proposed for the future. This connection was part of the overall development of the area north of 28th Avenue in order that the existing area south of 28th Avenue would not be impacted by new traffic generated as the area north of 28th Avenue develops. The street systems within this area have been constructed as the adjacent property develops. Since there is one small area of property which is not developed, this final connection has not been constructed. This last street connection would be constructed as the adjacent residential property developed. The 29th/31st Avenue connection is necessary to provide traffic circulation to Medecine Ridge Road. Since traffic circulation is also provided by Pilgrim Lane and Quaker Lane, all of the streets tend to disperse the traffic. For this reason, although traffic would increase on 29th Avenue over its existing dead end condition, it will still continue to function as a residential street. 29th Avenue has been constructed to a residential street width and not to a wider collector street standard. The future extension would also be to a residential street width. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 A CITY OF PUMOUTR March 18, 1985 Mr. Charles F. Niederloh 9810 28th Avenue Plymouth, Minaesota 55441 Dear Mr. Niederloh: I wish to thank you for calling it to our attention that one of the stop signs at the intersection of 28th Avenue and Lancaster Lane had been knocked down. This sign has been replaced and this intersection has again been established as an "All—way" stop intersection. Sincerely,. Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 4 March 18, 1985 Mr. Dale Zschoche 11015 40th Avenue North Plymouth, Minnesota 55441 Dear Mr. Zschoche: R CITY C� PLYMOUTR As was stated at the Town Meeting, at some time in the future Zachary Lane between 36th Avenue and County Road 9 will be improved. At the present time this is a rural type street with open drainage ditches on both sides. The future width of this street is unknown at this time. The traffic pro— jections only show the need for one lane of moving traffic in each direction. If when the street is upgraded, parking of vehicles is only provided for on one side, the street would be constructed to 36 feet wide. If it is necessary to provide for parking on both sides, the street width would be 44 feet wide. Also, it will be necessary to provide for left turning vehicles at the many intersections along this street. At the present time, the upgrading of this portion of Zachary Lane is not included within the City's five year Capital Improvements Program. As addi— tional plans are developed, the adjacent property owners will be kept informed of the proposed improvements. If there are any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles: 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 1 y .; CITY C� March 18, 1985 PLYMOUTR Ms. Doris Strauch 3560 East Medicine Lake Blvd Plymouth, Minnesota 55441 Dear Ms. Strauch: As was discussed at the Town Meeting, there are plans for upgrading East Medicine Lake Boulevard between Medicine Ridge Road and 36th Avenue during 1986. At the present time no preliminary plans have been developed, so I cannot state whether additional right-of-way would be required on the east or west side of the roadway adjacent to your property. During the planning process the location of the roadway will be determined. This location will be developed in order that it can provide the least impact on all of the existing homes along East Medicine Lake Boulevard. If it is necessary to acquire any of your property, you will be contacted by the City before the final plans are approved by the City Council. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles` 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 -- CITY OF March 18, 1985 PUMOUTR Ms. Joyce Humboldt 4130 Ximines Lane Plymouth, Minnesota 55441 Dear Ms. Humboldt: I wish to thank you for your comments concerning the sanding of Ximines Lane at County Road 9 and also Pilgrim Lane at Lancaster Lane. During this past snow season (hopefully, which is over), we have paid more attention to these two intersections. If you still have concerns with regard to our sanding of these two intersec— tions during this year, please contact me that we may discuss these in more detail. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 A March 18, 1985 Ms. Carol Decker 2805 Revere Circle Plymouth, Minnesota 55441 Dear Ms. Decker: As was stated at the Town Meeting, Avenue between Medicine Ridge Road of the City's street plan in order pattern within this area. t; CITY OF PLYM0UTR there is a planned connection of 29th/31st and Pilgrim Lane. This connection is part to provide a complete traffic circulation The City street plan was developed before the construction of the homes north of 28th Avenue. The street plan provides for a dispersion of traffic from the new residential areas in order that it will have the least impact on the resi— dential development which existed southerly of 28th Avenue. The new proposed street connection, along with Quaker Lane and Pilgrim Lane, will serve as con— necting streets in and out of the new residential areas. The 29th/31st Avenue connection is also necessary to serve the remaining unde— veloped property adjacent to the proposed street. When this property devlops, it will also construct this last remaining portion of City street. Although the City Council could change the Thoroughfare Plan, numerous property owners have relied upon the existing adopted plan. If you have any additional ques— tions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 1� March 18, 1985 Ms. Florence H. Larson 2030 Medicine Ridge Road Plymouth, Minnesota 55441 Dear Ms. Larson: CITY C� PUNOUTR During the spring of some years and depending on the roadway conditions, the City has posted load limits on East Medicine Lake Boulevard. The only load limits which have been posted by the City have been during the spring of each year, in order to prevent pavement damage during the spring thaws. It has not been the policy of the City to post year round load limits. It is very difficult to enforce a load restriction. Also, there are numerous exceptions which have to be made in order to accommodate school buses, delivery vehicles, garbage trucks and moving vans. The planned City street system discourages truck traffic on streets other than within their immediate pickup or delivery designations. The City will continue to monitor truck traffic which is coming easterly of County Road 18 on both 36th Avenue and 26th Avenue. If we find that this truck traffic is finding its way to East Medicine Lake Boulevard in an attempt to find an alternate route to their designation, we will post informational signs at County Road 18. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 44 March 18, 1985 Mr. Gary Mittelbusher 11525 37th Avenue Plymouth, Minnesota 55441 Dear Mr. Mittelbusher: i r k CITY OF PLYMOUTR As part of your input at the Town Meeting you made a comment about cleaning up 36th Avenue. By this statement I believe you were referring to that portion of 36th Avenue west of Zachary Lane. As part of our annual spring roadway cleaning, debris along this portion of 36th Avenue will be picked up after the snow melt this spring. I wish to thank you for your concern for the appearance of our City street system. If there are any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles_ 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 I Y CITY VI March 18, 1985 PLYMOUTILL Mrs. Robert Medser 3720 Trenton Lane Plymouth, Minnesota 55441 Dear Mrs. Medser: I wish to thank you for your comments concerning the sanding of the City street intersections adjacent to the Pilgrim Lane School. During this past snow season (hopefully, which is over), we have performed more sanding within this area. If you still have concerns with the sanding program which has taken place this year, please contact me in order that I can discuss your concerns in more detail. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles t � t March 18, 1985 � � CITY OF PLYMOUTI+ Mr. Steven Becker 4710 Balsam Lane Plymouth, Minnesota 55442 Dear Mr. Becker: This letter will answer your question concerning the ponding area located south of 48th Avenue between Balsam Lane and Zachary Lane. This ponding area is a part of the City's Storm Water Drainage plan. As areas develop from their natural conditions into either residential or com- mercial buildings, there is additional storm water runoff. When the areas are in their natural condition, more water can penetrate into the ground than when the area is developed into driveways, streets and buildings. For this reason, the City of Plymouth has developed numerous storm water holding ponds to accom- modate this additional increase in storm water runoff. The purpose of the storm water holding ponds is to hold the increased runoff for a short period of time (eight hours to three or four days) and release the water at the same rate as existed before development. By using this method for storm water drainage, there is not an impact on the downstream area because of the new development since the water is released at the same rate as previously existed. The storm water holding pond which you addressed will not be a permanent pond. It will have water immediately after rains, but then will drain to a dry condi- tion. This type of pond will develop marsh grasses and cattails within a very short period of time. The pond has been engineered in order that the highest water elevation will not affect the homes which are being built adjacent to the pond. In order to make this a permanent pond, it would have to be excavated approxi- mately four to five feet. This depth is needed in order to prevent the growth of cattails and marsh grasses from the bottom of the pond. You and other adja- cent property owners may wish to contact the developer concerning the addi- tional cost to create a permanent open water area. If these plans are agreed to between the developer and the property owners, the developer would then sub- mit the plan to the City for approval before the construction could take place. If you have any additional questions, or would like to review the City's Storm Water Drainage Plan in more detail, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY C� March 18, 1985 PLYMOUTH+ James and Ann Carlson 4132 Goldenrod Lane Plymouth, Minnesota 55442 Dear Mr. and Mrs. Carlson: The City has encountered some rust problems throughout our water system this past winter. First, let me assure you that the water is safe to drink. The City will be beginning its overall watermain flushing program the second week in April. The watermain on Hemlock Lane is connected to the watermain on Goldenrod Lane along the location of new County Road 9. Because of this, there is a circulation within the City watermain system throughout this area. If you are continuing to have a rust problem, and especially if this problem continues after May 1 when we have completed the flushing of the watermains, please contact Bob Fasching, the Supervisor of the Sewer and Water Division. If you view this as a serious problem at this time, please contact him immediately, in order that we can perform watermain flushing within this area within the next few days. We do not know why we have had a rust problem within our water system this past winter. This problem will be cleared with the flushing program and, hopefully, it will not occur next winter. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. :Director of Public Works FGM:bw cc: Frank Boyles Bob Fasching 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 CITY Cr- March 18, 1985 PUMOUTR Mrs. Carl Fritsch 4203 Hemlock Lane Plymouth, Minnesota 55442 Dear Mrs. Fritsch: The City has encountered some rust problems throughout our water system this past winter. First, let me assure you that the water is safe to drink. The City will be beginning its overall watermain flushing program the second week in April. The watermain on Hemlock Lane is connected to the watermain on Goldenrod Lane along the location of new County Road 9. Because of this, there is a circulation within the City watermain system throughout this area. If you are continuing to have a rust problem, and especially if this problem continues after May 1 when we have completed the flushing of the watermains, please contact Bob Fasching, the Supervisor of the Sewer and Water Division. If you view this as a serious problem at this time, please contact him immediately, in order that we can perform watermain flushing within this area within the next few days. We do not know why we have had a rust problem within our water system this past winter. This problem will be cleared with the flushing program and, hopefully, it will not occur next winter. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles Bob Fasching 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 March 18, 1985 Bruce and Carol Schmidt 11730 52nd Avenue North Plymouth, Minnesota 55442 Dear Mr. and Mrs. Schmidt: CITY C� PLYMOUTR The City owns a 50 foot wide right-of-way for a trail between your property and the Soo Line Railroad right-of-way. This trail corridor owned by the City is between Larch Lane and Zachary Lane. As plans are developed for the construction of the trail, the impact on the holding pond behind your home will be considered. I would project that the trail would be constructed immediately adjacent to the railroad right-of-way in order to minimize the impact on the storm water holding pond. This will mean that a very small portion of the City owned trail right-of-way would be used for construction of the trail. As the plans are developed for the trail construction, all of the property owners between Larch Lane and Zachary Lane along the trail corridor will be contacted. You can be assured that the plans for the trail will be developed in order to minimize the impact on the existing residential properties. If you have a further concern, I would suggest that you contact Eric Blank, the City's Parks Director. Sincerely, Fred G. Moore, P.E. Director of Public Works FCM:bw cc: Frank Boyles Eric Blank 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF March 18, 1985 PLYMOUTR Mr. Steven Johnson 12945 45th Avenue Plymouth, Minnesota 55442 Dear Mr. Johnson I wish to thank you for your comment concerning the traffic light at Larch Lane and County Road 9. These traffic lights are activated by the traffic on Larch Lane. If there is no traffic on Larch Lane, these lights will remain green on County Road 9 and red on Larch Lane. As a vehicle approaches the intersection from Larch Lane, the lights will turn red on County Road 9 and green to Larch Lane. If this sequence has not taken place sixty seconds before a vehicle approaches on Larch Lane, the lights will change within six seconds. Because of the lower traffic volumes on Larch Lane versus that of Zachary Lane, this is the reason for the difference in operation of the traffic signals. If you are encountering problems with the lights reacting to traffic during periods of low vehicle activity, please contact me in order that we can have Hennepin County check the operation of the traffic signals. At times there are malfunctions of the vehiclular detectors which go unnoticed unless we are contacted by the motorist. If you have any additional questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:bw cc: Frank Boyles Z> 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 March 15, 1985 CITY C� PLYMOUTH+ Ms. Nadine Hondl, Assistant Secretary Board of Directors Shenandoah Homeowners Association 2800 Terraceview Court Plymouth, MN 55447 Dear Ms. Hondl: Councilmember Crain has asked that I respond to your February 13 letter. Let me begin by apologizing for my delay in responding to your concerns. Your February 13 letter expresses the concern of the Shenandoah Homeowners Association regarding parking problems which have occurred on private streets within the Shenandoah development since the initiation of the over- night parking ban ordinance. Before the ordinance was implemented, Shenandoah property owners utilized 28th Avenue for overflow parking. Because 28th Avenue is no longer available, there is concern that the addi- tional parking burden within the development will cause blockage of fire lanes and mailboxes. You have asked two questions. The first is, would it be possible to make 28th Avenue an exception to the ordinance which bans overnight parking. I have discussed this matter with the City Attorney and Public Safety Director and find that it will not be possible to declare an exception to the ordinance. The City Attorney advises that our laws, such as the parking ban ordinance, must be equally applied and enforced. If they are not, the court system will consider the law discriminatory and dismiss challenges to the ordinance. The parking ban ordinance is intended to promote free, unrestricted traffic flow on public streets especially by emergency public safety vehicles. As an incidental benefit, the ban also assists in snow and ice control efforts by eliminating snowbirds and for street sweeping. The protection of the public safety is one of the primary reasons for the existence of local government. Therefore, any steps which can be taken to better protect the public are essential in our view to assure that we can perform our primary function. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Ms. Nadine Hondl, Assistant Secretary Shenandoah Homeowners Association March 15, 1985 Page 2 Your second question is, can the City assist you in finding a solution. I do believe that the City can help you to solve your problem. The Director of Public Works, Fred Moore and I recently drove the streets of Shenandoah First and Second Addition. Our purpose was to identify potential areas for the installation of parking spaces on the private streets in the area. Based upon our inspection, I believe that up to 23 parking spaces could be added in Shenandoah First and Second Additions without violating the City fire lane ordinance. The locations which we identified for parking space construction are described below: 1. Upland Court - Up to six parking spaces could be constructed Just adjacent to the roadway in the area north of 2781 Upland Court in the cul-de-sac. 2. Upland Lane - As many as three spaces could be added by relocation of the mailboxes between 2763 and 2767 Upland Lane. Here again, the spaces would be adjacent to the existing drive. 3. 27th Avenue - Four spaces could be added along 27th Avenue west of 15663 - 27th Avenue and east of 15801 - 27th Avenue. 4. Terraceview Court - Ten additional parking spaces could be provided if the Homeowners Association acquires the vacant parcel on the east side of Terraceview Lane south of 2752 and north of 2713. I understand that in 1982 the Homeowners Association was considering acquiring this parcel. 5. 28th Avenue - The plat layout shows an area Just south of 28th which may be available for off street parking. The attached map displays the locations where the Homeowners Association can undertake to provide a greater number of parking spaces. Of the 23 total additional spaces, 13 could be provided without the need for the Homeowners Association to acquire additional land. I know that Fred Moore, Director of Public Works, and Sara McConn, Community Development Coordinator, would be glad to meet with you to discuss the materials which would be required to proceed with this construction. They assure me that they will do everything within their power to expedite this project. Obviously the City does not wish to "transfer" the parking congestion problem from public to private streets by adoption of the ordinance. However, as any Plymouth property owner, the Shenandoah Homeowners are responsible for providing sufficient off street parking for their vehicles. Ms. Nadine Hondl, Assistant Secretary Shenandoah Homeowners Association March 15, 1985 Page 3 I am hopeful that your Association will give proposal. I would be glad to arrange representatives, Fred Moore and Sara McConn implement this proposal. Yours ver trul V -,— Frank Boyles Assistant City Manager FB:jm cc: Fred Moore Sara McConn Mayor & City Council positive consideration to this an appointment between your to proceed with dispatch to 3 jas N • SHENANDOAH I ST a 2 ND A• t •' r - II� Nil gin ... • ��� ♦ �♦ also. N • SHENANDOAH I ST a 2 ND A• t •' � - DATE 85 - 14 REFERRED TO: O . Cc x S/F: ala -7l Bir CITY OF PLYMOU i n 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 19, 1985 TO: Jim Willis FROM: Dave Crain SUBJECT OVERNIGHT PARKING BAN The attached letter from the Shenandoah Homeowner's Association discusses their concerns about the overnight parking ban. The issue raised that most concerns me is that in this case the parking ban may create a public safety hazard by aggrevating an already congested situation. Obviously this would be the reverse of the intent of the ordinance. I would appreciate your investigation of this situation. r HDC/mm cc: Mayor and Council Dick Carlquist Homeowner's 2000TerraceviewCourt Plymouth MN 55447 February 13, 1905 Mr. David H. Crain 5020 North Forestview Lane Plymouth, Minnesota 55442 Dear Mr. Crain: In accordance with our telephone conversation, I am writing this letter to voice the concern of Shenandoah residents over the parking problems we have experienced since the ordinance banning overnight parking went into effect. This topic was raised at the Association's annual meeting held on January 17, 1985. Several homeowners expressed concern over the possibility of emergency vehicles not having adequate access in the event of a fire or some other catastrophe. In the past, 28th Avenue was always available for overflow parking. The volunteers in charge of enforcing our own parking rules could keep all driveways clear by suggesting that residents park extra vehicles on 28th Avenue. Since that is no longer an alternative, we have too many residents blocking major access routes within Shenandoah. We realize that our Association is responsible for enforcing the rules within the boundaries of Shenandoah. Because Shenandoah is private property, the only time the police will respond to a parking problem is when a car is in a fire lane or blocking mailboxes. We have regularly reviewed and increased the number of fire lanes with a representative of the City. There is only so much time that our volunteers can spend in attempting to convince residents to clean out their garages or sell their extra cars. We are asking the City for consideration of this matter, since the City approved the design of our neighborhood in the first place. We have several units that were built with single garages and no extra parking space. In this kind of economy, it is unrealistic to expect a two-bedroom townhouse to be occupied by a one -car family unit. The overcrowding that results is dangerous and unattractive, Mr. David H. Crain Page Two February 13, 1985 affecting the saleability of the townhouses. The crowded conditions we have to live in may be due to the fact that the layout of Shenandoah was designed and approved in the early days of Planned Unit Developments. We are doing our best to solve these problems. We would like the City to help us find a solution. ITS --eX.c ep_tiQn....t o -_the_ -_o Orsi i n a n c e ww l-ch__bans_-overnigh.t_ parking? If that is not a Dogcihility. we would like to heyour suggestions. We have residents who would be willing to'circu ate a petition if it would help. Please advise us of the best way to proceed. If you have any questions, you may reach me at 559-3138. Your attention to this matter is appreciated. Sincerely, SHENANDOAH HOMEOWNER'S ASSOCIATION, INC. Nadine Hondl, Asst. Secretary Board of Directors cc: Mr. David Davenport _, 7- W", L 1 - Thomas Thomas Aldrich, Board Member Donald JahnRej Asst. Treasurer Daniel Bor , Pres f dent Ruth Chovancek, Board Member rnard Jordan, Treasurer Luahne Kinnen, Secretary 0042L Eug a Gabbert, Vice Pres. ,Gail Schlicht, Board Member 0042L ORDINANCE 84-01 AN ORDINANCE AMENDING PLYMOUTH CITY CODE SECTIONS 1310.05 AND 1310.07 RELATING TO PARKING RESTRICTIONS ON CITY STREETS The City Council of the City of Plymouth does ordain as follows: Section 1. Section 1310.05 Subdivision 6 of the Plymouth City Code is amended to read as follows: "Subd. 6. Snow Emergency. After a snowfall of at least 2 1/2 inches In the City, parkinq is prohibited on any public street or alley untll and after that particular street or alley has been plowed and the snow removed to the curb line. It is unlawful to deposit snow or ice, plowed or removed from private property, onto the traveled portion of a street, alley or public way." Section 2. Section 1310.07 of the Plymouth City Code is amended to read as follows: "1310.07. Parking Times. Subdivision 1. A vehicle may not be parked within the City on any public street or alley for a continuous period of time in excess of 12 hours provided, however, that no vehicle may he parked or remain parked on any street between the hours of 2:00 a.m. and 5:00 a.m. except where such parkina is required in response to a police, fire or medical emergency." "Subdivision 2. A truck may not be parked on any public street, avenue, alley, or other public way for a period more than necessary for load- ing or unloading in the due course of business but in no event for a period of longer than 30 minutes except where such truck is directly ancillary to ongoing buildinq construction. Trucks parked under this provision are suhlect to Subd. 1. For purposes of this Section, the term "truck" means a self- propelled motor vehicle not operated on rails, having a capacity of one and one-half tons or more, or any tractor or trailer or combination thereof." Section 3. This ordinance shall become effective upon passaae and publica- tion. - MAy o r j ATTEST: --City Clerk Homeowner's Association 2800 Terraceview Court Plymouth MN 55447 February 26, 1982 Sara McConn, Coordinator Planning Department, City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Ms. McConn: The Board of Directors of Shenandoah Homeowner's Association has spoken to the owner of the undeveloped land in Shenandoah about the possibility of acquiring 3 undeveloped lots. Before we get any further in negotiating an agreement, we would like some information about how this property could be added to our common ground. Lhe 3 lots in -question are Parcels A, B, and C on the enclosed. -copy -of -the revised pla SJe rlaah ition. (The proposed building was c ange from a 4 -unit building to a 3 -unit building.) If the Association acquires title to this land, it would remain undeveloped__ and be used for a park or playground area. _ We'd like to know what steps would be necessary to add the property to our common ground and, if it is classified as common ground, whether the Association would be required to pay real estate taxes on it. You may reach me by letter or by calling 473-3000 or 553-1361. Sincerely, SHENANDOAH HOMEOWNER'S ASSOCIATION, INC. C� By: Barbara Solyst Its: President r-. 4iS r '�,.' ROBERT D. R'IUELLER 4612 ROSEWOOD LANE MINNEAPOLIS, MINNESOTA 55442 March 11, 1985 Mr. Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Boyles: Thank you for your kind letter of March 7, 1985. My purpose in writing to the Plymouth Council members and to the Mayor was to ensure from my perspective that they were all aware of the problem. I think it always helps to get as many persons on top of the situation as possible. You and others at the Plymouth offices have been very helpful, and I hope my letter made that clear. I surely did not want to suggest or imply in my letter that I was writing it because I wasn't getting any help from others. I hope you did not draw that inference. For your information, I have called the 545-9411 number several times since you suggested that to me. As I'm sure you must realize, when I do that, there is no way I can tell for sure whether the Plymouth car gets there while the noise still exists, or what sort of a contact has been made. If, after I call the 545-9411 number, the noise occurs again (which it has), then for all intents and purposes, I'm back to square one. In any event, thanks for your efforts to control the problem. Sincerel RDM:je i �c 0 C CITY OF 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 emandting 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, Dane 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 1—'G Frank Boyles Assistant City Manager FB/lh cc: Mayor and City Council 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 March 18, 1985 CITY OF PLYMOUTFt Senator Robert J. Schmitz Chairman, Local and Urban Government Committee Minnesota State Senate State Capitol St. Paul, MN 55155 RE: SENATE FILE 99 Dear Senator Schmitz: I will not be able to testify in person today on Senate File 99, however, I 'want to urge you and members of your Committee to act favorably upon it. The Plymouth Council believes that the Hennepin County Park Reserve District Board of Commissioners should be elected in the fashion proposed by Senate File 99. We believe that electing one Park Reserve Commissioner at large from each of the seven Hennepin County commissioner districts is the most favorable alternative recognizing the principle of one man - one vote. The current arrangement, as you are aware, provides that four members are elected from Hennepin County outside of Minneapolis, while the balance are selected from among the elected members of the Minneapolis Park and Recreation Board. Our Council believes that having elected members of the Minneapolis Park and Recreation Board serve as members of the Park Reserve District poses the real potential for conflict of interest. Asyou know, several of the Minneapolis parks are deemed to be regional, and as such, are seeking funding from the Hennepin County Park Reserve District. In fact, some joint powers agreements have already been reached between the two parties. Senate File 99 would provide for a reasonable means by which the citizens of Hennepin County could elect their Park Reserve District commissioner. At the same time, the bill would eliminate the possibility of the conflict of interest situation which currently exists. Yours tru Da id O. avenlo DOD:jm 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800