HomeMy WebLinkAboutCouncil Information Memorandum 05-16-1997MAY 16,1997
UPCOMING MEETINGS AND EVENTS
1. COUNCIL MEETING SCHEDULE.
NOTE: Ward 1 Councilmember Tim Bildsoe meets with residents and receives their
comments in the Administration Library, beginning at 6:00 p.m. before each
Council meeting.
MAY 28 7:00 P.M REGULAR COUNCIL MEETING
Council Chambers
JUNE 4 5:30 P.M. SPEC]AL COUNCIL MEETING
MEET WITHPLYMOUTHAREA
HENNEPIN COUNTY COMMISSIONERS
Public Safety Training Room
JUNE 4 7. 00 P.M REGULAR COUNCIL MEETING
Council Chambers
JUNE 18 7. 00 P.M. REGULAR COUNCIL MEETING
Council Chambers
2. PLYMOUTH RECYCLING DAYIPHOSPHORUS--FREE FERTILIZER SALE,
SATURDAY, MAY 17, 9:00 A.M. — 3:30 P.M., 14900 23r Avenue N.
3. COUNCIL SUBCOMMITTEE ONACTIVITY CENTER, TUESDAY, MAY 20, 7. 00 P.M.,
Medicine Lake Room.
4. COUNCIL SUBCOMMITTEE ON COMMUNITY POLICING, WEDNESDAY, MAY 21,
6. 00 P.M., Public Safety Training Room. Agenda is attached. (M-4)
5. MEMORML DAYHOLIDAY, MONDAYMAY26. City offices are closed.
6. PLANNING COMMISSION, TUESDAY, MAY27, 7: 00 P.M., Council Chambers.
b. Notice of Public Information Meeting regarding City Project NO. 9007, the Schmidt
Lake Road project between Vicksburg Lane and Fernbrook Lane. (I -2b)
c. Meeting announcement for the Minnesota Environmental Trust Fund Coalition, set for
Wednesday, May 28, 7:00 p.m., at the Science Museum, St. Paul. (I -2c)
d. First Quarter 1997 Plymouth Domestic Assault Intervention Project report. (I -2d)
e. Inter -office notice from Recycling Coordinator Kris Hageman about the 1997 statewide
B -BOP (Bike, Bus, or Pool) Day, Wednesday May 21. (I -2e)
f. Association of Metropolitan Municipalities update on tax legislation from St. Paul. (T
2fi
CITY COUNCIL INFORMATION MEMO
May 16, 1997
Page 3
3. CITIZEN COMMUNICATIONS POLICY- CORRESPONDENCE
a. Letter to Bridget Jodell from Community Development Director Anne Hurlburt
responding to concerns about noise along South Shore Drive. Attached is the original
correspondence from a group of South Shore Drive residents. (I -3a)
A status report on the most recent correspondence is attached. (1-3)
4. CORRESPONDENCE
a. Letter to the Breckenridge City Clerk -Treasurer from Assistant Manager Kathy
Lueckert offering assistance in recovering from the spring flooding. (I -4a)
b. Letter to Human Rights Commissioners from the League of Minnesota Human Rights
Commissions with praise for the May 9 regional student workshop sponsored by the
Plymouth Human Rights Commission. (I -4b)
c. Thank you card to the City Council from Maintenance employees for the May 14
Recognition Breakfast. (I -4c
5. STAFF REPORTS
a. Red River Flood Relief Assistance update from Public Works Director Fred Moore. (I -
5a)
6. FRIDAY FAX, the League of Minnesota Cities weekly update on legislative activity. (I--6)
AGENDA
City Council Subcommittee on
Community Po/icing
Wednesday, May 21, 1997
6:00 p.m.
NOTE: Location change -
Meeting will be in the Public Safety Training Room
2"d floor of Public Safety Building
I. Call to order
II. Approval of minutes from April 9, 1997 meeting
III. Meet with representatives of fire department
IV. Set next meeting
oq- Io
DATE: May 9, 1997
TO: Dwight Johnson, City Manager
FROM: A
Craig C. Gerdes, Director of Public Safety
SUBJECT: D.A.R.E. GRADUATIONS
Graduations for the D.A.R.E. program are scheduled in seven elementary schools
during late May and early June. At this time, we are asking for Council Members to
indicate any graduation they are planning to attend. A list of the schools, dates,
and times follows for Councilmember information. The change in the Council
Meeting schedule and less than two weeks before the first graduations make a
sign-up sheet unworkable. As such, I am requesting Councilmembers leave me a
voicemail message (509-5161) of any graduations they would like to attend.
Thanks for your assistance.
Graduation Schedule:
'Tuesday, May 20'•
1:30 p.m.
2:00 p.m.
7:00 p.m.
Thursday. Mav 22nd:
2:00 p.m.
Friday. Mav 23`d:
2:00 p.m.
Thursday, May 29'•
2:00 p.m.
Monday. June 9:
10:00 a.m. &
1:30 p.m.
Kimberly Lane Elementary, 17405 Old Rockford Road
Sunset Hill Elementary, 13005 Sunset Trail
Gleason Lake Elementary, 310 County Road 101
Zachary Lane Elementary, 4350 Zachary Lane
Oakwood Elementary, 17340 County Road 6
Plymouth Creek Elementary, 16005 41 st Avenue N
Birchview Elementary, 425 Ranchview Lane
Birchview Elementary
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Plymouth Subcommittee on
Community Policing
Minutes of Meeting
April 9, 1997
6:00 p.m.
Present at the meeting were Councilmembers Christian Preus, Tim Bildsoe and
Saundra Spigner, City Manager Dwight Johnson, Citizen Kim Koehnen, Chief Craig
Gerdes, Sgt. Mike Goldstein, and Public Safety Tech Svcs Supervisor Barb Cox.
Guests present were members of the Police Department's internal Community
Policing Committee; Officer Brian Beniek, Public Safety Education Specialist Sara
Cwayna, CSO Andrea Hunt, and Police Reserve Cory Tell.
Subcommittee Chair, Councilmember Preus, called the meeting to order at 6:10
p.m.
Preus indicated the first item on the agenda was approval of the minutes from the
March 12, 1997 meeting. Preus asked if there were any corrections, changes, or
adjustments to the minutes. None were noted. Chief Gerdes moved, and
Councilmember Bildsoe seconded adoption of the minutes. All members voted in
favor with Councilmember Spigner abstaining. The motion passed.
Preus indicated the primary item for the agenda was the next item which was the
meeting with the police department's internal Community Policing Committee. He
indicated there was no set agenda or items to be discussed
Preus stated he thought a good way to start was to go around the room and have
all present introduce themselves to the group. Preus then stated he thought next
we should go over a little history of the two groups and asked Gerdes to begin that.
Gerdes noted that in 1996 the City Council expressed an interest in having a
Subcommittee on Community Policing and established a group consisting of some
Councilmembers, two citizens, and staff. During the year, this was primarily a
learning experience for the committee and the various members of the department
came to the meetings to discuss various projects and programs the department was
involved in. He,stated also during this time, some Fire Department issues came to
the committee and the group believed it was appropriate to move it to a Public
Safety group. At that time, we began working on drafting the mission document
that was distributed to all present. He indicated he would have Sgt. Goldstein
discuss the internal group as he Chairs that Committee.
Z- la
Goldstein noted the Community Policing Committee is one of nine internal
committees in the police department started by the Chief a couple of years ago. He
noted within the department it is one of the most active and well received
committees. He indicated the group has received training on Community Policing
and reviews various matters of concern. An example of this is currently they are
working with the alcohol and tobacco compliance checks. He indicated this
combined meeting was a good idea because it will give the department members an
better understanding of what the Subcommittee is trying to accomplish. Goldstein
noted that several committee members were not present this evening.
Councilmember Bildsoe asked what members of the department committee were.
missing tonight. Goldstein indicated Detective Bill Hanvik was on vacation and was
not present. Also missing were Officers Curtis Smith, John Stirratt, and Luke Way;
as well as Clerical member Sally Fiecke. Goldstein noted CSO Andrea Hunt was .
also a member, but is on -duty as a CSO and is on a call and would join the meeting
as soon as she could clear her call. Chief Gerdes noted that the group has
representatives from various divisions throughout the department, including clerical,
CSO, school liaison, Public Safety education, traffic unit, investigations, and patrol.
Bildsoe asked what was meant when Goldstein indicated this group received
training. Goldstein indicated initially around the time the group was formed most of
the members were able to attend a three day training session in St. Cloud on the
Community Policing concept. He stated a number of Councilmembers at that time
also attended. He stated this was a very inspiring training. He added since that
time they have had various training opportunities, including a video by the same
group that had put on the St. Cloud training. Sara Cwayna added that there is also
a 40 -hour course by the Bureau of Criminal Apprehension and through crime
prevention, we have been able to send four officers through this training as well.
Preus asked if these individuals then carry out primary responsibilities in these
areas. Cwayna stated that primarily they help us network. All have been officers
that work on the street and for example they can work with a business as they
have received training in lighting, locks, and fraud and forgery. It enables them to
be more problem solving than reactive. Officer Beniek added that often multiple
officers responding to a call then see these officers and learn from them.
City Manager Johnson added that often the Police Department uses these trained
individuals as trainers for the rest of the department in more formal settings to
share the information. Goldstein stated they often share the information at roll call.
Preus stated this gives us a good reputation within the community. He asked if one
division of the department has more use or benefit than the others. The Chief
noted his first response would be that patrol does, but he would like insight from
Goldstein. Goldstein stated he would agree and add CSO's as they are the first
response to calls for service so they are the primary benefactor.
Johnson stated Goldstein had indicated the group was currently working on the
alcohol and tobacco compliance checks. He asked what other subjects they have
dealt with in about the last six months. Goldstein indicated some of the subjects
they have dealt with include chemical related concerns, activity in the Co Rd 6 and
101 area, notification process for open garage doors, and address displays in
compliance with City ordinance. Cwayna noted the group also updated a reference
card that is given to crime victims, especially in domestic abuse cases. Goldstein
added the group works with the rest of the department to train, teach, coach,
mentor to get the department to work with the citizens in terms of Community
Policing from a problem solving mode, to be more proactive and not just reactive.
Preus asked who the representative from patrol on this group is. Goldstein noted
Curtis Smith." Beniek indicated he recently participated in a "Kicking it with Cops
program with the YMCA where the spend time with kids from some apartment
complexes. The kids get to spend about an hour asking any questions they want
from the police officers and then go out in the gym and play basketball and
volleyball. He noted this was a valuable experience. Goldstein added a few weeks
before that two other officers also participated in this program. He added another
subject the committee dealt with was developing a packet with safety tips for
construction sites which is now given to anyone who gets a permit from
Community Development.
Preus asked if the group had any issues for the Council. Goldstein stated the group
is very pleased with what they have seen from this group. He stated their main
discussion have been that they have some issues they would like support and ideas
from the Council on. The main issue is chemical use by youth. The other two
issues they have identified are the large influx of Russian immigrants in the
community and the cultural and language difficulties they present, and they have
noted a problem in hotels and motels with increased activity of underage alcohol
use. He noted the problem is especially prevent at the Days Inn as they have a
policy of anyone 18 years or older being able to rent a room while most other
hotels require you to be 21 years or older to rent a room. He stated he does not
know if it's possible, but perhaps consideration can be given to an ordinance
regulating the hotels.
Bildsoe asked if anyone has discussed the problem with the owners or managers.
Goldstein indicated we have talked to the managers, but this is apparently a
national policy and other cities with Days Inns such as Maple Grove and Brooklyn
Park are also experiencing problems.
Councilmember Spigner stated she does not see the problem with allowing the 18
through 20 year olds to rent a room; the problem is what they are bringing into the
room. She stated we need to address it from the angle of when the crime takes
place addressing the problem. Bildsoe noted the problem with that is that you
cannot control what they bring into the room as you cannot search their
3
belongings. Goldstein noted that Golden Valley has an ordinance in place regulating
their hotels and we could check into that. He added the part of the problem with
the Days Inn is that it is also run down. Johnson asked if the problem will be
increasing soon with prom nights. Goldstein noted that is often a problem anyway
as the parents will rent the youths the room to circumvent the 21 or older law.
Goldstein noted the concern with the Russian immigrants is an ongoing issue and
would include some training. Johnson asked if this would be language training.
Goldstein stated it would be beneficial to include some basic language training for
officers for general conversation but there is a cultural issue involved. For example,
he noted that domestic violence is not a negative issue in their culture. When we
answer these types of calls we encounter much friction and difficulties -trying to get
the information we need and they just want us to leave. Bildsoe noted they had
quite a few Russian children in the PAYS program during the year he was involved
in that program.
Goldstein noted this is a continuing population issue that we need to address. He
added that we have also been involved in a couple of pursuits where they felt they
did not need to stop. Spigner stated she would suggest that we work to get some
volunteer translators lined and also work through some church groups. Preus asked
if this population is larger in Plymouth than other communities. Gerdes noted that
we do have a larger concentration in the Plymouth, Wayzata, Minnetonka area.
Gerdes also noted that he has been working with the Wayzata Chief and they have
set up a meeting with the various area ministers to deal with several issues. He
will include some of the ideas presented tonight in that meeting. He said they will
deal with Chemical Health issues, as well as counsel in situations such as death
notices, and discuss the availability and use of gyms in some churches to use for
other "Kicking it with Cops" programs.
Preus asked if the internal committee reviewed the mission sheet and if they had
any comments. Goldstein stated they like the mission statement and especially the
last group of bullets of things they will not deal with, as they thought that was very
appropriate. Preus asked if the group thought it was comprehensive enough.
Goldstein stated they did.
CSO Andrea Hunt and her ride -along cadet joined the meeting at this time.
Preus indicated they were interested in anything the group would like support from
the Council on. Johnson noted that the police department is currently in a process
of changing to the LOGIS computer software system and part of that is a
connection to Hennepin County. He stated we have been experiencing some
difficulties and were going to ask Councilmembers' assistance in getting the County
more helpful. We just learned recently that the County has now gotten more
involved and we again have some movement on this project.
4
Spigner asked what type of relationship we have with Sheriff McGowan. Chief
Gerdes noted w have a good relationship and are hosting an upcoming meeting for
them.
Citizen Kim Koehnen arrived at this time.
Councilmember Bildsoe stated he believed this was a valuable exchange and he
would like to meet with the internal committee again. Preus noted that we are
scheduled to meet with the. Fire Department next month and then finalize our s
mission statement and recommendations to the Council so that would need to be
taken into account for scheduling. Bildsoe stated he just felt it was nice to hear
their issues and concerns and good to hear feedback. Goldstein noted the internal
group works with a lot of issues they are already empowered to act on, but he
thought it was good to have exchange with this group on issues they cannot
handle on their own, such as the three identified tonight. He agreed it would be
good to meet again, such as in six months.
Gerdes noted that in law enforcement many people believe it is a good day when
you are not in the newspaper. He noted through Community Policing and these
groups they are trying to change that and get positive information in the news. He
asked if the internal department committee members had anything to add. They
did not. Bildsoe noted he would like to take this opportunity to thank CSO Hunt for
all her work in delivering packets. He noted she is often the one he sees delivering
them and they appreciate. Everyone else agreed.
Preus asked Goldstein as a member of the both committees to bring up any issues
that come up in the future from the police department's committee that he believes
the Subcommittee should be aware of or deal with.
Chief Gerdes noted he would contact Councilmember Preus to determine a date for
the next meeting.
Meeting was adjourned at 6:55 p.m.
E
PLYMOUTH CITY COUNCIL SUBCOMMITTEE
ON PUBLIC SAFETY
MISSION. To offer proactive support to the Public Safety Department by working
on select issues of community interest, holding public hearings and/or discussions,
giving advice and making recommendations to the City Council on these issues.
Issues can and are encouraged to be referred to the group through one of these
methods:
• Referral by the City Council.
• Referral by the City Administration (City Manager's Office or Director of Public
Safety).
• Referral by Police Department's internal Community Policing Committee.
• Referral by Fire Department staff.
• Referral by citizen through member of the group.
Primary areas of interest to include:
• Community Education, especially child safety issues
• Crime Prevention, Neighborhood Watch
• Fire prevention, especially carbon monoxide safety
• Chemical Health Issues
• Community concern areas
• Enhancing communication with Business and Apartment communities
• Youth issues
• Projects involving coordination with other agencies
• Issues that interface with the community
• Replace Snowmobile Task Force
• Monitor Public Safety Trends
The group will not deal with:
• Professional Standards issues, such as personnel selection and discipline.
• Legal issues regarding enforcement of the law.
• Day-to-day operations of the department such as micro -managing.
• Any issues which another group handles, such as bias motivated crimes (Human
Rights Commission).
Recommendation for group to remain Council Subcommittee with goal to become a
commission in one to two years.
Draft updated March, 1997
Call to Order:
The Bassett Creek Water Management Commission was called to order at 12:00 Noon on
Thursday, April 17, 1997, at the City of Golden Valley City Hall by Vice Chairman Gustafson.
Roll Call:
Crystal:
Commissioner Tom Mathisen Counsel: Charles LeFevere
Golden Valley:
Commissioner Ed Silberman Engineer: Len Kremer
Medicine Lake:
Commissioner John O'Toole Recorder: Pat Schutrop
Minneapolis:
Alternate Jodi Polzin
Minnetonka:
Commissioner Lee Gustafson
New Hope:
Commissioner Peter Enck
Plymouth:
Commissioner Ron Quanbeck
Robbinsdale:
Commissioner Maria D'Andrea
St. Louis Park:
Commissioner Michael Rardin
Also present: Dean Chenoweth, former alternate for City of Golden Valley
David Hanson, alternate for City of Golden Valley
Dan Donahue, alternate for City of New Hope
Fred Salsbury, Director of Public Works, City of Golden Valley
Arnie Gregory, Heritage Renovations, LLC
Dan Parks, McCombs Frank & Roos
Jack Buxell, J. Buxell Architecture Ltd.
Approval and/or Correction of Minutes:
The minutes of March 20, 1997 were presented. Mr. Silberman moved and Mr. Rardin
seconded approval of minutes. Carried unanimously.
Financial Statements:
1. Mr. Silberman presented the Treasurer's Report as of March 20, 1997. The checking
account balance is $5196.90. The investment balance is $99,638.82, plus two commercial
papers in the amount of 198,147.56 (due May 13, 1997) and $103,572.29 (due
July 14, 1997) for a total investment balance of $401,358.67. The construction account is
as follows:
Construction Account Balance ..................................... $85,094.63
Commercial Paper ............................................ $204,122.12
Long -Term Investment ........................................ $1,000,000.00
Money Held for Medicine Lake ..................................... $5,000.00
Total Construction Account Balance .............................. $1,294,216.75
The construction escrow amount held by the City of Minneapolis is $230,305.94.
Page l
Mr. Silberman explained the transfers from the construction account to the investment
account as shown on the Treasurer's Report. The transfers are as follows:
Starred items (flood control coordination, permits -ROW,
and credit application work) in arrears from the 1996 budget ......... $5,530.50
Transferred during 1997 assessment budget development ........... $38,000.00
Starred items for 1997 budget (flood control coordination,
permits -ROW, and credit application work) ...................... $14,000.00
The Treasurer's report was accepted as presented and ordered to be filed subject to audit.
2. Mr. Silberman presented the Auditors Report for year ended January 31, 1997.
Mr. Mathisen moved and Mr. Silberman seconded the motion to accept the Auditors
Report and to direct the recording secretary to submit the report to the State Auditor for
filing. Carried unanimously.
Presentation of Invoices to be Paid:
The following invoices were presented for approval:
1. An invoice was received from Kennedy & Graven for professional services during the
period January 1, 1997 through March 31, 1997, in the amount of $2,254.24.
Mr. Silberman moved and Mr. Mathisen seconded approval for payment of claims as set
forth on the invoice. Upon call of the roll, the vote was unanimously carried.
2. An invoice was received from Barr Engineering Company for professional services during
the period of March 1, 1997 through March 28, 1997, in the amount of $15,993.53.
Discussion followed concerning the amount of spent in preparing and publishing the Corps
brochure. Originally, the total cost was estimated to be $5,200, with the Corps paying
$2,500 and the Commission paying the remainder (about $2,700). When the $5,200
amount was discussed, the publication cost for the Minneapolis local papers was not
included because it was not known at the time. The total amount ($4,505.37) spent by the
Commission included the publication cost in the Minneapolis local papers.
Mr. Silberman moved and Mr. Quanbeck seconded approval for payment of claims as set
forth on the invoice. Upon call of the roll, the vote was unanimously carried.
Communications:
Chairman:
1. A resolution was received reappointing John O'Toole as commissioner representing the
City of Medicine Lake for the term 1997-2000.
2. The "Bassett Creek Water Management" partnership effort was selected to receive a 1997
Governor's Commendation to be awarded on April 30 at 12:00 noon. Mr. Enck and
Mr. Dan Donahue will attend representing the City of New Hope and the Commission.
Mr. Kremer will send in the registration for those wanting to attend.
Page 2
T,- ib
Counsel:
1. Correspondence was received from the Minnesota Board of Water and Soil Resources
concerning grant monies available for flood damage projects (i.e., damage to public
easements, etc.). Mr. Ron Harnack, Executive Director, BWSR, informed Mr. Kremer
that a request will be made before the legislature for funds for flood relief projects
resulting from this year's flooding. He asked if the Commission or its member cities have
flood damage projects related to this year's flooding and would like to submit a request
for funding.
The BWSR contact person is Wayne Zellmer, Grants Coordinator, 297-7361. The
Commission recorder will send a copy of the project qualification guidelines to the
member city engineerstdirector of public works.
Corps of Engineers:
1. The joint Corps/Commission article describing the Bassett Creek flood control project
recently published in local community newspapers received positive feedback. Extra
copies are available for the member communities to distribute to citizens.
Commissioners:
No communications.
Engineer:
1. Mr. Kremer distributed an information sheet describing a series of topics that will be
presented over the next few months describing the history of the Bassett Creek Water
Management Commission. The first in the series will take place in May and is called "The
Features of the Flood Control Project." Commissioners and alternates are encouraged to
invite their city mayor and other city staff to attend.
2. Mr. Kremer followed up with the Minnesota Pollution Control Agency concerning the
joint monitoring of Medicine Lake with the Commission. Mr. Bruce Wilson will attend
the May meeting and discuss the partnership and the Medicine Lake monitoring.
3. Mr. Kremer received a call from Mr. William Spychalla, Corps of Engineers, inquiring
about the final gathering of credit information for the Bassett Creek Park project, data on
the tunnel project in Minneapolis, and other credit information the Commission intended
to submit.
4. The City of Plymouth is expanding its environmental fair this year. It will take place at
the Plymouth Creek Elementary School.
New Business:
1. Budget Committee. The committee establishing the budget for 1997 was organized with
the following commissioners participating: Enck, Silberman (chair), Mathisen, and
Gustafson. Mr. Kremer will also attend the meeting.
Mr. Mathisen moved and Mr. Rardin seconded the motion establishing the budget
committee for 1997. Carried unanimously. Mr. Kremer will arrange a time for the
budget committee to meet.
Page 3
2. Resolution of Appreciation—Dean Chenoweth. Chairman Enck briefly attended today's
meeting to present a plaque of appreciation for Dean Chenoweth's 24+ years of service to
the Bassett Creek Water Management Commission. Mr. Chenoweth's length of service
actually began before the Joint Powers Agreement was composed establishing the
Commission in 1968.
Ms. Polzin moved and Mr. Silberman seconded the motion adopting the resolution of
appreciation for Dean Chenoweth. Carried unanimously.
3. Heritage Landing. A request was received for review of preliminary site plan and a
variance request for this project. The project is located in Minneapolis between North
First Street and North Second street immediately west of the extension of Fifth Avenue
North. The project consists of redeveloping a 9.8 -acre site and includes the construction of
a 360 -unit, 12 -building condominium complex. Grading will occur on 7.6 acres. The
southern 2.2 acres of the site will be purchased by the City for development. Runoff from
the site will discharge directly to the old Bassett Creek tunnel.
The project involves an industrial redevelopment greater than 5 acres. Therefore, the
project is subject to the requirements of the Commission's Water Quality Management
Policy. The Commission briefly discussed the project at its June 20, 1996 meeting. At
that meeting the Commission agreed to manage sites discharging to the old Bassett Creek
tunnel as a Level III criteria management classification. Based on the policy, a wet
detention basin designed according to Level III criteria is required for the redevelopment.
Mr. Arnie Gregory, Heritage Renovations, LLC; Mr. Dan Parks, McCombs Frank &
Roos; and developer Mr. Jack Buxell attended today's meeting to discuss alternative
BMPs and its variance request.
The developer is requesting a variance from the Commission's water quality management
policy. The developer's reasons for not constructing the wet detention pond are because of
limited space, existing site conditions, and the proposed development. The developer is
proposing to use sump manholes or grit chambers, street/parking sweeping, and use of low
phosphorus fertilizers to address water quality issues.
Discussion followed. The developer explained that they are responding to a high density
request for proposal from the City of Minneapolis. The proposed project has been
affected by the Main Stem level change that took place in May 1996 when the Commission
changed the Main Stem from Level IV to a Level III. Ms. Polzin asked the Commission to
consider changing the old Bassett Creek tunnel drainage area, where this project runoff
will drain, from a Level III to a Level IV. Mr. Gustafson suggested that this area of the
Main Stem will probably stay a Level III.
Mr. Kremer suggested an infiltration basin (i.e., drain tile) as a possible alternative to the
wet detention pond. The infiltration basin would store the water from area frequency
rainfall events and keep the water until it infiltrates into the soil. Mr. Buxell thought the
drain tile would be an affordable option.
After discussion, Mr. Parks' restated what the Commission is requesting concerning the
development. His understanding is that the construction of a sedimentation and grit
chamber for the roadway is not enough to fulfill BMP measures for this site and the
Commission recommends the developer to look at an infiltration basin, a combinations of
other BMPs, etc. to treat water discharged from the aboveground parking area and green
areas to the storm sewer.
Page 4
L_ �6
Mr. Mathisen moved and Mr. Silberman seconded the motion requesting the developer to
return with another proposal addressing the Level III water quality criteria of the Main
Stem area of Bassett Creek. Carried unanimously.
Old Business:
1. Bylaws Amendment. Mr. LeFevere distributed copies of the draft resolution amending the
Commission Bylaws to the member communities. The following change was suggested to
Article IV, Section 2 of the current Bylaws and Article V, Section 2 on the draft resolution
amending the Commission Bylaws:
Delete the following statement under Article V, Section 2 of the draft resolution
amending the Commission Bylaws: "The regular February meeting each year shall
be the annual meeting at which new officers are selected and take office." Change
the last sentence of Article IV, Section 2 of the current Bylaws to read "...and they
shall be selected and take office at the first business meeting held after February 1:'
Mr. Mathisen moved and Mr. Donahue seconded the motion to amend the draft resolution
amending the Commission Bylaws Article V, Sections 1 and 2, and change the Article IV,
Section 2 wording of the current Bylaws. Carried unanimously.
Mr. Silberman suggested the following change to Article V, Section 1 of the draft
resolution amending the Commission Bylaws:
"Section 1. Regular meetings of the Commission..." be changed to read "Section 1.
Regular monthly meetings of the Commission..:'.
Mr. Mathisen moved and Mr. Rardin seconded adoption of the amended draft resolution
amending the Commission Bylaws, including adding the word "monthly" in the first
sentence of Article V, Section 1. Upon call of the roll, the vote was unanimously carried.
2. Resolution setting time and place of regular meeting. Mr. Donahue moved and
Mr. Gustafson seconded the motion to adopt resolution setting time (12:00 noon) and place
(City of Golden Valley City Hall) of regular meeting . Carried unanimously.
3. Resolution reconfirming approval of the local surface water management plan of the City
of New Hope. The local plans are to be submitted for approval by the Metropolitan
Council before the Commission takes action on them.
Mr. Mathisen moved and Mr. Quanbeck seconded the motion to adopt the resolution
reconfirming approval of the local surface water management plan of the City of New
Hope. Carried unanimously.
4. Resolution reconfirming approval of the local surface water management plan of the City
of Robbinsdale.
Mr. Mathisen moved and Mr. Quanbeck seconded the motion to adopt the resolution
reconfirming approval of the local surface water management plan of the City of
Robbinsdale. Carried unanimously.
5. Holiday Station Store: Plymouth. Further information requested for the project was not
received in time for this meeting. It will be deferred to the May meeting.
Page 5
6. Proposed Northwood Lake Storm Sewer, Pond, and Park Improvements: New Hope. T.,
_ib
Correspondence was received from Mr. Dan Donahue, City Manager for the City of New
Hope, concerning this project. This is an ongoing study investigating improvements in the
Northwood Lake area to reduce flooding.
The City of New Hope has completed the following improvements suggested in the
Commission's study of the area:
Upgrade existing culvert at Winnetka Avenue
Upgrade existing culvert at Winnetka Village Driveway
Upgrade storm sewers in 36th Avenue east of railroad crossing to Louisiana Avenue
Improvement to the culvert crossing at Boone Avenue has not been completed by the City
because it is being designed in conjunction with other water quality and park
improvements adjacent to Northwood Lake and the channel east of Boone Avenue.
The water quality improvements include three water quality ponds (Ponds 1, 2, and 3)
which provide treatment for stormwater from developed areas before discharge to
Northwood Lake and the channel east of Boone Avenue. Park improvements are proposed
because of the potential compromise to the recreational features of the park.
Some areas residents oppose the water quality features of the project. Mr. Donahue asked
if the City of New Hope proposes a project to upgrade the existing Boone Avenue culvert
to the standard set forth in the "Northwood Lake Flooding Report," but does not propose
to construct water quality improvements in Northwood Lake (adjacent to the park and
channel), would the Commission approve the project?
Discussion followed. The citizens want the ponds deleted from the plan (contrary to the
City of New Hope's local surface water plan). The residents would like the project treated
as a culvert replacement plan only.
On behalf of the request by the citizens, the City of New Hope asked if the Commission
will allow the City of New Hope to vary from their local surface water plan by leaving the
water quality elements out of the plan.
Mr. Mathisen indicated there would be adverse water quality impacts downstream of
Northwood Lake with the new outlet and without the new water quality ponds.
Mr. Mathisen moved and Mr. Quanbeck seconded the motion to keep the water quality
ponds as part of the City of New Hope's culvert replacement project and that the
Commission not approve the project without the proposed water quality elements
included. Carried unanimously. Mr. Kremer will prepare a letter in response to the City
of New Hope stating the Commission's conclusions.
7. 1997 Water Quality Plan. Mr. Kremer presented the water quality program for 1997. It
includes:
Detailed Lake Monitoring of Crane Lake, Lost Lake and Westwood Pond
Monitoring will be performed at each lake on six occasions for selected parameters.
Selected parameters include total phosphorus, soluble reactive phosphorus, total
nitrogen, pH, chlorophyll a, phytoplankton, and zooplankton. An aquatic survey
will be performed on two occasions.
Estimated Budget: $25,000
Page 6
b
Medicine Lake/Plymouth Creek Lake Watershed Management Plan (Finalize) �.
Medicine Lake is defined as a Level I (recreation, all activities) water body in the
draft Water Quality Management Plan. The Medicine Lake watershed is rapidly
developing. The recommended management plan for Medicine Lake consist of (1)
adopting runoff and treatment requirements for stormwater discharging to
Plymouth Creek and Medicine Lake consistent with Level I standards (completed
1994); (2) performance of a detailed diagnostic -feasibility study to evaluate nutrient
sources, and to evaluate the effect of various best management practices (BMPs) on
water quality; and (3) identify specific locations and opportunities for water quality
improvements and prepare cost estimates for implementing the improvements. The
study will be performed over two years to distribute cost.
Estimated Budget: $98,600
1997 TOTAL: $123,600
Ms. D'Andrea moved and Mr. Quanbeck seconded the motion to approve the above water
quality monitoring plan for 1997. Carried unanimously.
8. The 1996 Water Quality Study and the North Rice, South Rice and Grimes Pond Lake
and Watershed Management Plan presentations are deferred to the May meeting.
Adjournment
It was moved by Mr. Donahue and seconded by Mr. Quanbeck that the meeting adjourn. Vice
Chairman Gustafson adjourned the meeting at 2:40 p.m.
W. Peter Enck, Chairman
Tom Mathisen, Secretary
14227.1
Pat Schutrop, Recorder
Date:
Page 7
The Minnesota Environmental Trust Fund Coalition
Gene Merriam, Chair
Governor Elmer Andersen, Honorary Co -Chair
Sue Perpich Bifulk, Honorary Co -Chair
April 15, 1997
Penthouse, Science Museum of Minnesota
Welcome and Introductions: Chair Gene Merriam called the meeting to order at 7:00 p.m.
Minutes: Gene asked if there were any corrections to the February 12, 1997 minutes as distributed.
Hearing none, the minutes were accepted as distributed.
Organizational Report:
Financial Report: Ms. Hesse Gauthier distributed copies of the Financial Report (attached). She covered
the major items in the report, thanking Gov. Andersen for his generous contribution to the Coalition.
New Members: Ms. Hesse Gauthier read a list of the new members who have joined the Coalition. We
now have 107 member organizations.
Fundraising Report: Ms. Hesse Gauthier reported on the fund raising efforts. We have a $10,000 challenge
grant offered by Wally Dayton. All contributions and memberships received after March 12, 1997 will
count toward the match. NSP has also been approached, but their response has not yet been received.
More organizations and individuals will be approached after the response is received from NSP. She asked
for suggestions for other potential donors.
Legislative Report:
Trust Fund Bill Status: Ms. Hesse Gauthier reported the bill moved out of Rep. Osthoff's Committee and
has gone to Ways and Means. It should be heard in the next few weeks. Mr. Merriam commented on how
important this step has been for us, and stated that we be in a good position if the bill could pass the full
House this session.
Ms. Hesse Gauthier reported that the bill currently includes Rep. Kahn's amendment using 25% of the
proceeds immediately for acquisition and development and a 2020 deadline. Rep. Munger has asked the
Coalition to oppose Rep. Kahn's amendment. Rep. Munger plans to try to limit Rep. Kahn's amendment
to five years and change the deadline to 2030 in either the Ways and Means or the Rules Committee. Ms.
Hesse Gauthier announced that the Executive Committee voted to take the position that the Coalition
supports House floor passage of the HF133 in 1997 with the deadline as far out as possible — the longer
the better, permanent is best — and no position on the Kahn amendment.
House Majority Leader Rep. Ted Winter. Mr. Merriam introduced Rep. Ted Winters. The Coalition
attendees introduced themselves. Mr. Merriam explained that we had just been discussing the current
status of the bill, and then asked Rep. Winter to share any thoughts he had on the bill and its progress.
Rep. Winter reported that the bill is now moving, after being stuck for awhile. He thought we should not
have a problem in the Ways and Means Committee, and then in the Rules Committee. He also reported
that the Speaker wants to get it through the House this year, so that should help. That would give all of us
the summer to sell the concept. Mr. Merriam asked for reassurance that the bill would pass the House this
session. Rep. Winter said he was confident it would with the Speaker supporting it so strongly and gave his
personal commitment that there would be floor action this year.
Joe Duggan asked Rep. Winter's views on the Sales Tax proposal. Rep. Winter was not confident of its
success since it would "create a large hole" in the General Revenue Fund.
Rep. Winter was also asked about how possible it was to keep the Trust Fund legislation "clean" without
other amendments being added, such as the right to hunt and fish. Rep. Winter expressed some
confidence that it would be kept "clean" in the House. He did express concern about what might happen
in the Senate. Further discussion followed on possible progress in the Senate, which appears to support
passage next year. Mr. Merriam reiterated our desire for passage at least in the House this year. — I&
Gabe Horner asked Rep. Winter if he had heard of any concerns about how the LCMR and Citizen's
Advisory Committee has been handling the Trust Fund expenditures. He reassured us that he does not
see any widespread support for the abolishment of the LCMR. There was also discussion about Rep.
Kahn's amendment and the implications it will have for building up the corpus of the Trust Fund. When
asked, Rep. Winter thought the bill would be heard on the floor in early May.
Bill Heaney of NSP thanked Rep. Winter for all he has done on behalf of the bill this session. Following a
round of applause for Rep. Winter, Mr. Merriam thanked him for coming and meeting with us this
evening.
Sales Tax Bill Status: Ms. Hesse Gauthier reported that there is a lot more happening in the Senate than in
the House. She reminded us that we took a position of support for removing the sales tax from the lottery
ticket sales. She then reported on the strategies that are being considered in the Senate now. The issue
right now is how should the extra funds realized be expended. It appears that the "hole" in the General
Revenue Fund that would be created may also be a sticking point.
Goals for Remainder of Session: Mr. Merriam reviewed the reasons for taking our position on the Trust
Fund bill and possible amendments. Gov. Andersen cautioned us to state our position as gracefully and
sensitively as possible so as to not alienate concerned legislators.
It was agreed that we will focus on the House for the remainder of this session, and hopefully at the end of
the session we will be able to celebrate the bill's passage in the House.
Editorials: Nancy Gibson reported that she is working on having an editorial in the Star Tribune, and if it
happens we would like response letters to the Editor. David Cooper reported that he has written a Letter
to the Editor on the need for an investment in the environment as shown by the recent flooding.
Next Meeting Date: Thursday, May 22 was scheduled for the next Coalition meeting at 7:00 p.m.,
hopefully in the Penthouse of the Science Museum of Minnesota. If the Science Museum is not available,
the alternative site will be included in the meeting announcement. Patrick Hamilton was thanked for the
hospitality at the Science Museum. Gov. Andersen moved to adopt a resolution thanking the Science
Museum for their support and hospitality. Seconded and approved.
Adjournment: Gene Merriam thanked everyone for attending and adjourned the meeting at 8:45 p.m.
Minutes submitted by Dorothy Waltz.
ETF Coalition - 4/15/97 —2 —
Attendees
April 15, 1997 Trust Fund Coalition meeting
Mark Abner
College of Natural Resources, Univ. of MN
Eleanor Andersen
Gov. Elmer Andersen
Honorary Co -Chair
Julian Andersen
Craig Andresen
Minnesota Audubon Council
Judy Bellairs
Sierra Club
Bob Bruce
Robert Clouse
David Cooper
Soil & Water Conservation Society, MN Chapter
Lisa Doerr .
Citizens for a Better Environment
Joe Duggan
Pheasants Forever
Judy Erickson
Parks & Trails Council
Nancy Gibson
Citizen's Advisory Committee, Chair
Patrick Hamilton
Science Museum of Minnesota
Bill Heaney
Northern States Power
Greta Hesse Gauthier
Citizen's Advisory Committee
Gabe Horner
The Nature Conservancy
Craig Johnson
Minnesota Center for Environmental Advocacy
David Kryzer
MRTUA and ATVAM
Peggy Lynch
Friends of the Parks and Trails
Rick Meiretto
MN Parks and Trails Council
Gene Merriam
Chair
Mike Navlon
Deep Portage Conservation Reserve
Ray Norrgard
Vern Pennie
MRTUA and ATVAM
Sue Perpich Bifulk
Honorary Co -Chair
Rich Perrin
Carver Soil & Water Conservation District
Cordelia Pierson
The Trust for Public Land
Paul Renard
Fish & Wildlife Employees Association
Barbara Toren
Izaak Walton League
Dorothy Waltz
Minnesota Audubon Council
Fred Waltz
Saint Paul Audubon Society
ef, j 0-,�
ETF Coalition - 4/15/97 —3 —
May 9, 1997
Mr. Kent Yokom
Holiday Company
P.O. Box 1224
Minneapolis, Minnesota 55440
Cr I ' V v
T_ 2 a
Minnesota Pollution Control Agency
RE: Petroleum Storage Tank Release Investigation and Corrective Action
Site: Holiday #220, 10100 County Road Nine, Plymouth
Site ID#: LEAK00010082
Dear Mr. Yokom:
Notice of Release
The Minnesota Pollution Control Agency (MPCA) has been informed that a release of petroleum has occurred from
storage tank facilities which you own and/or operate. We appreciate your timely notification so this site can be handled
in an efficient manner.
Legal Obligations
Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release,
investigate the release and, if necessary, -clean up therrelease.- A person is considered legally responsible for a tank
release if the person owned or operated the tank either during or after the release, unless specifically exempted under the
law. If you believe that you are not legally responsible for this storage tank release, please contact the project manager
listed below.
If you are not legally responsible for the release, but hold legal or equitable title to the property where the release
occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action
may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established
the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is
administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the
amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be
directed to the Petrofund staff at 612/297-1119 or 612/297-4203.
Request to Take Corrective Action
The MPCA staff requests that you take steps to investigate and, if necessary, clean up the release in accordance with the
enclosed MPCA fact sheets. The site investigation must fully define the extent and magnitude of the soil and/or ground
water contamination caused by the release. A report (excavation report and/or remedial investigation/corrective action
design (RI/CAD)) which details the results of the investigation or concludes that excavation was sufficient to clean up the
release must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for
information pertaining to the amount of work needed at the petroleum release site(s).
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (Voice); (612) 282-5332 (TTY)
Regional Offices: Duluth - Brainerd - Detroit Lakes - Marshall - Rochester
Equal Opportunity Employer - Printed on recycled paper containing at least 20-/- fibers from paper recycled by consumers.
Mr. Kent Yokom
Page 2
May 9, 1997
Sites with free product (free-floating petroleum), drinking water supply impacts, surface water impacts, indoor vapor
impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the
environment, are considered high priority for staff review. If one or more of these situations apply to your site, an
RUCAD report must be submitted within 90 days. In addition, if you know or discover that there is free- product from a
well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free
product recovery.
If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the
Petrofund staff that has experience in conducting petroleum release site'investigations and in proposing and
implementing appropriate corrective actions. A list of registered contractors and consultants is available from the
Petrofund staff. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site
investigation have not been fulfilled. Please note that, under Minn. R. 2890.0075, subp. 2, you must solicit a minimum
of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable.
Questions about bidding requirements should be directed to Petrof ind staff.
Required Response
MPCA staff requests a response to this letter within 30 days. Please tell us whether you intend to proceed with the
requested work. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to
comply, in which case the MPCA Commissioner may order you to take corrective action. Failure to cooperate with the
MPCA in a timely manner may result in reduced reimbursement from the Petro Board. See Minn. R. 2890.0065, subp.
1, item C. The enclosed fact sheets will provide you with the information necessary to complete a successful
investigation and.cleanup. If you have any questions concerning this letter or need additional information, .please.centact
me at 612/297-8576. Please reference the above LEAK # in all correspondence. If you are calling long distance, you
may reach the MPCA St. Paul office by calling 1/800-657-3864.
Sincerely,
Dave Holst
Project Manager
Cleanup Unit I
Tanks and Emergency Response Section
DH:raf
Enclosures
cc: Laurie Ahrens, City Clerk, Plymouth
Richard Kline, Fire Chief, Plymouth
Greg Lie, Hennepin County Solid Waste Officer
2-Zb
FuRlawc
DATE: May 13, 1997
TO: Councilmember Tim Bildsoe
FROM: Fred G. Moore; U, Director of Public Works
SUBJECT: PUBLIC INFORMATION MEETING
SCHMIDT LAKE ROAD
VICKSBURG LANE TO FERNBROOK LANE
CITY PROJECT NO. 9007
Attached is a copy of a letter sent to property owners in the area of the proposed -
Schmidt Lake Road extension between Vicksburg Lane to Fernbrook Lane. This letter
is inviting them to a public information meeting conducted by staff on May 20, 1997, at
7:00 p.m. in the Council Chambers. I have also attached a copy of the preliminary
construction plan and a map indicating the mailing notice area for this public
information meeting.
As stated in the letter, in 1992, the City Council shifted the alignment of Schmidt Lake
Road northerly at the request of the property owners. The alignment for this project is;
in accordance with the change made in 1992.
The City Council has directed the preparation of the final plans for the construction of
this portion of Schmidt Lake Road. The consultant has completed the preliminary
surveying work and one purpose of the public information meeting is to receive
comments from the property owners which can be used as part of the preparation of the
final plans. We will keep you and other Councilmembers informed of comments
received at the public information meeting. When the final plans are completed, they
will be presented to the City Council for approval before the project proceeds to
construction.
Attachments
cc: Dwight D. Johnson
G:%ENGkPROJECTS%90TMEMOSMLDSOE. DOC
May 6, 1997
«PIN »
C!TY C
PLYMOUTR
((NAME »
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((CITY
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SUBJECT: SCHMIDT LAKE ROAD CONSTRUCTION
VICKSBURG LANE TO FERNBROOK LANE
CITY PROJECT NO. 9007
Dear Resident:
The City staff would like to invite you to a public information meeting scheduled for May 20,
1997, at 7:00 p.m. at City Hall in the Council Chambers to discuss the proposed Schmidt
Lake Road construction project between Fernbrook Lane and Vicksburg Lane scheduled to begin
late this summer. We will have some preliminary plans prepared for your review, questions, and
comments.
For your information, Schmidt Lake Road is identified in the City's adopted Thoroughfare Guide
Plan as a "Minor Arterial street extending westward from State Highway 169 to Peony Lane
which is currently under construction to serve the new Wayzata High School. This particular
project would provide the connecting link to form a continuous roadway from State Highway
169 to west of Vicksburg Lane where Schmidt Lake Road currently ends at the railroad tracks.
The westward extension of Schmidt Lake Road over the railroad tracks is currently not in the
City's five year Capital Improvement Program.
There was considerable discussion in the early 1990s regarding the alignment of Schmidt Lake
Road between Fernbrook Lane and Vicksburg Lane. Following meetings with residents from the
Tyrell, Fernbrook Woods, and Silverthorne Additions in the summer of 1991, an Environmental
Assessment Worksheet was prepared in December, 1991. On April 20, 1992, the City Council
approved an alignment shift for Schmidt Lake Road which moved the previously established
alignment approximately 250 feet north of the southernmost point of the platted right-of-way
adjacent to Minnesota Lane. This revised alignment has been used for the preliminary plans.
The City is now preparing to move ahead with this needed public improvement project which
would commence late this summer and be completed in the summer of 1998.
%%Cityy1y%vo1 I\ENG\PR0JECTSW07\LnUWTGF0RMD0C
PLYMOUTH .1 Beautij'U(Va«'rd Live
1a"j0 ?L'(,\,10UTH BOULEVARD • PLYMOUTH, MINNESOTA 55447.1.182 • TELEPHONE (612) 509-5000
Page Two
If you have any questions, comments, or concerns, please plan on attending the May 20
meeting or contact me at 509-5520 or Dan Campbell at 509-5522.
Sincerely,
A..,Ji /vf a— 4.y
Daniel L. Faulkner, P.E.
City Engineer
cc: Fred G. Moore, Director of Public Works
Daniel K. Campbell, Sr. Engineering Technician
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The Minnesota Environmental Trust Fund Coalition
Senator Gene Merriam, Chair
Governor Elmer L- Andersen, Honorary Co-Ch�=-
Sue Perpich Bifulk, Honorary Co -Chair
Meeting Announcement
May 28,1997
7:00-9:00 p.m.
Penthouse Suite, Science Museum
St. Paul
AGENDA
1. Welcome & Introductions
2. Review minutes of April 15, 1997.
3. Organizational Report
* Financial Report
* New Members
* Fundraising Report
4. Legislative End -of -Session Report
* Trust Fund Bill
* Sales Tax Bill
5. Goals for Remainder of 1997
6. Set next meeting date -- bring your calendars!
7. Adjourn
Home �--
Free Domestic Assault 3409 Kilmer Lane N. Business (612) 545-7080
Intervention Project Plymouth, MN 55441 Crisis Line (612) 559-4945
Fax (612) 545-7071
1
4 �-,
May 5, 1997
4P
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Johnson:
Enclosed is a copy of Plymouth's Domestic Assault Intervention Project statistical report for the first quarter
of 1997.
Let me know if you have any questions.
Sincerely,
Terri Taylor
Community Program's Coordinator
cc: Sgt. Joel Franz, Liaison
Elliot Kne*w.h, Prosecutor
Mary Monteon, Home Free Director
Pat Murphy, Missions Inc. Executive Director
PLYMOUTH
CITY QUARTERLY REPORT v
DOMESTIC ASSAULT INTERVENTION PROJECT
FIRST QUARTER 1997
I.LAW ENFORCEMENT
YTD
1
1
12
1
2
1
3
21
< 3>
< 3>
1
1
12
14
7
Printed: 03/31/97 Home Free DAIP Page 1
6y Safe Tm-
QTR
ARRESTS
Assault (Felony)
1
Assault (GM)
1
Assault(Sth)
12
Assault(5th)/Disorderly Conduct
1
Juv.case
2
Juv.case/Assault(5th)
1
OFP Violation
3
TOTALS
21
DUAL ARRESTS
< 3>
JUVENILE ARRESTS
< 3>
COMPLAINTS
Crim.Prop.Dam./Assault(5th)
1
OFP Violation
1
P D Nonreferral
12
TOTALS
14
ALLEGED ASSAULT/CHARGES PENDING
7
YTD
1
1
12
1
2
1
3
21
< 3>
< 3>
1
1
12
14
7
Printed: 03/31/97 Home Free DAIP Page 1
6y Safe Tm-
- PLYMOUTH
CITY QUARTERLY REPORT
DOMESTIC ASSAULT INTERVENTION PROJECT
FIRST QUARTER 1997
II.INTERVENTION PROJECT SERVICES
VICTIM SERVICES
Arrest Response
No contact
No -C COI
No -C F/F
No -C Lette
No -C Phone
No -C -CK
Not N- F/F
Not Notifi
Not-N/COI
Phone
TOTALS
Civil Court Advocacy-OFP Filing/Hearing
OFP Only
Harassment Orders
Other Advocacy
Rides
z -u
QTR
3
2
2
4
2
1
1
1
1
4
21
6
< 5>
< 1>
30
0
Irdouk
3
2
2
4
2
1
1
1
1
4
21
6
5>
1>
30
0
PERPETRATOR CONTACTS QTR YTD
Jail Visit 0 0
No Contact 21 21
Bailed < 4> < 4>
Hennepin Co. < 14> < 14>
Juvenile Detention < 3> < 3>
TOTALS 21 21
Printed: 03/31/97 Home Free DAIP Page 2
by Safe Town
PLYMOUTH
Printed: 03/31/97 Home Free DAIP Page 3
by Safe Town
CITY QUARTERLY REPORT
DOMESTIC
ASSAULT INTERVENTION PROJECT
_ v
�,2
FIRST QUARTER 1997
III.CRIMINAL COURT ADVOCACY
AND MONITORING
DISPOSITION
Assault occurred
urrn rior
QTR
YTD
Guilty Plea
5 8
13
13
Guilty Plea -Amended Charge
4 2
6
6
Cont. for Dismissal
6 9
15
15
Juv.case
3 0
3
3
P D Nonreferral
11 0
11
11
Dismissed
0 3
3
3
No Disposition -Case Open
6 28
34
34
TOTALS
35 50
85
85
SENTENCING
Assault Occurred
Currnt QTR Prior QTR
QTR
YTD
Fine Pd/CD/NOSS
1 0
1
1
Fine Pd/DAC/NOSS
0 2
2
2
Fine Pd/NOSS
4 5
9
9
Fine Pd/Time Styd/CD/DAC/NOSS
0 1
1
1
Fine Pd/Time Styd/DAC/NOSS
1 0
1
1
Fine Styd/Time Styd/NOSS
1 1
2
2
Time Srvd/Time Styd/DAC/NOSS
0 1
1
1
Time Styd/CD/NOSS
0 1
1
1
Time Styd/DAC/NOSS
0 1
1
1
} DAC/NOSS
2 0
2
2
} DAC/Rest/NOSS
1 0
1
1
} NOSS
5 4
9
9
15 16
31
31
Printed: 03/31/97 Home Free DAIP Page 3
by Safe Town
T - 2Q,,-
The City of Plymouth Participates in B -BOP Day
Employees at the City of Plymouth are encouraged to get out of their cars and into alternative
transportation as part of Minnesota's state-wide Bike, Bus, or Pool (B -BOP) Day, May 21.
To demonstrate its commitment to lowering stress, decreasing traffic congestion, and improving air
quality, the City of Plymouth is encouraging its employees to find a new way to get to work on B -BOP
Day, whether by taking the bus, joining a car or van pool, riding a bike, walking, jogging, in-line
skating, - anything but a single -occupant vehicle.
"The City of Plymouth knows that the way people get to work has a big impact on our community,
said John Sweeney, Assistant to the Public Works Director (our very own transportation guy). "We
want to encourage people to learn what their options for alternative transportation are and to encourage
them to switch their commuting behavior, even it it's for one day a week."
The benefits of using those alternatives even for one day range from decreased traffic and air pollution,
lower driver stress, and savings on gas and parking.
The City of Plymouth's 1997 B -BOP activities will include...
1. Sign up sheets posted in City Center, Public Safety and Maintenance lunchrooms. These
sheets will help you connect with potential ride share/car pool participants. If you can,
check out each sign up sheet. There may be an employee in another department who lives
just around the corner from you! -FRIDAY
2. B -BOP Evaluation Chart This is a quick and easy way for your to calculate and compare
your expenses and the environmental impacts when you drive with one person in your car,
car pool, take the bus, ride your bike, etc. Each employee will receive a copy Friday, May
16. -FRIDAY
3. Information Posted. Information will be posted in each lunchroom for alternative
transportation options and contacts. -FRIDAY
CAWINDOW S\TEIv"boW n.doc
MAY 16 '97 01:47PM LEAGUE OF M-C-I-THEr P.1
i
do
Association of
Metropolitan BULLETIN
Municipalities
DATE: May 16,1997
TO: Legislative Contacts
City Administrators/Managers
Board of Directors
FROM: AMM Staff
LEVY LIMITS: YESI
REFORM:N01
After months of. justifying a return to levy limits toPr relief from major rent replacement eform, the tlevy creeo c o fill
lower property tax gaps created by major property
conference committee adopted levy limits for cities over 2,500 population but not reform or
relief for homeowners.
The Tax Committee only had about $250 million for property tax use which will go,toward
buying down a projected $124 million school tax increase in
law rim dly forull an tion
homestead credit. The reform (??} part includes class rate reduction p
rental property. and
The first-tier home class at one percent goes to $75,000 and the second-tier
class rate is expected to reduce to 1.85 percent. However, this change is not en cl gh to
overcome homeowner property tax increases due to the CA and itntal property
te-imposed education levy
reductions. In theory, the education credt3tapxercent due to the to compression.
capped at about $140 will offset homeowners
Levy limits at this point are not to prevent replacement tax �inevitable property, but are increases over
ely a measure Of
comfort and protection to legislators when responding
the next couple of years in a time when state budget surpluses should cause decreases.
To say that local officials should be indignantunderstatement.
ance t bet�yal,outrage or whatever
may be cast, but a call to your legislators expressing
appropriate thoughts you may have, couldn't hurt.
Levy limits will be for two years inflated by the implicit Price Deflator QPD) (about 2.5
percent) and household growth. Bonded debt, flood related costs and matching portions of
federal or state grant programs will be exempted special levies. The conference committee is
expected to close the bill this afternoon.
14SihtinaM Avt"tlust
Sint hut, lGwzM SPOI-2044
(64)115.4000
k. u"
May 8, 1997
Bridget Jodell
10100 South Shore Drive
Plymouth, MN 55441
Dear Ms. Jodell:
Thank you for letter describing the noise problems you are experiencing with Topaz Trucking.
As you noted in your letter, members of my staff are familiar with this problem and
participated in the initial neighborhood meeting to identify possible solutions.
We will follow up with Topaz officials to review past agreements and determine what may be
causing their lack of follow-through on those agreements at this time. Please contact Barbara
Senness at 509-5452 and let her know when you plan to hold your neighborhood meeting. We
will do our best to meet with Topaz officials in advance of that time and report any findings to
you.
We are also aware of discussions about a berm being constructed in the area. Staff will visit
the area and evaluate whether or not a berm could be built without unduly affecting existing
plantings and the proposed regional trail.
City staff is also continuing the work we started last year on a new noise ordinance. You may
want to keep in touch with us on this effort as well and provide input to the City Council when
they consider the new ordinance.
Sincerely,
Anne W. Hurlburt, AICP
Community Development Director
cc: Craig Gerdes, Director of Public Safety
PLYMOUTH :1 Beau tifufPface?n Live
3400 PLYMOUTH BOULEVARD • DLYMCUTK MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000
April 22, 1997
Mayor Joy Tierney
Plymouth City Hall
3400 Plymouth Blvd.
Plymouth, MN 55447
L 3a
y
Dear Mayor Tierney
We are writing to you to thank you for your support and
interest in addressing the Topaz Trucking noise issue on the
South Shore Drive. We especially appreciate your visit to the
Topaz company with council members Saundra Spigner and Judy
Johnson.
As you know, many of the residents on South Shore Drive have
lived here years prior to the industrial zoning of the area.
We have worked with many businesses including N.S.P., Hedberg
Aggregates and the Minneapolis Automobile Auction, and for
most part the industry has been cooperative.
The Topaz Trucking business, however, has proven to be a
challenge to cooperative efforts. As you may recall, in
December 1996 we arranged a meeting with Topaz Co.
representatives, the owner of the building Jay Mutschler, area
residents and the City personnel. A summary of the
recommendations from that meeting is enclosed.
Residents noted improvement in the area noise after the
meeting. The seasonal snow factor at that time seemed to also
contribute to the noise reduction.
In late March and early April 1997, however, residents again
experienced being awakened repeatedly by the Topaz trucks
between the hours of 10 PM and 5 AM. Because of several
residents complaints to Jay Mutschler and the efforts of
yourself, Mr. Mutschler developed an alternative plan
involving the removal of one or more trucks during restricted
hours.
( See attached memo of 4-2-97. )
Our present concern is that the alternative plan is not being
followed. For example on both April 18th and 19th, trucks were
operating throughout the night at the South Shore Drive site.
During those nights residents drove to the alternative site to
discover that the area was vacant.
We are planning another neighborhood meeting in May and would
appreciate your presence and support.
Thank you very much. &&W4.t.d ;i• lX -
Sincerely, }�,�%`
Bridget Jodell (ph"oynee #'5145-8U� Kristi Benthin
Gary Googins Hana Tomasek
cc. Ms. Ginny Black, Saundra Spinger, Judy Johnson
Attachments
044 747 9e' 17:03 FAX 612 $84 3333 JGX MUTSCHLER
THOMAS WILLIAM PROKASKY • AI
3611 IANCASTEPl uwE NoRrA, fV06 • P yt4oUlpC N
tSLE PHONE (612) 3Q31tsq
April 2. 1997
MEMO
T0: Jay Mutschler .
RE: Topaz Equipment Running Night Parking.
INE SOTA SM41' '%
t. •J
Q002
-3a
3a P.03
Herewith is a site plan revised 02APR97 showing two trailers parked
along the Southeast side (Ross dock side) of the 9909 Building. This
location should shield their equipment noise from disturbing -the
neighbors on South Shore Drive during the 10:00 p.m. to 7:00 a.m.
restricted hours. It does take 1.0 car parking spaces but I have never -
seen the ten spaces facing 13th avenue (off the South corner of the
building) occupied to any extent so this should be of little incon-
venience to Ross employees.
Late arriving drivers who nap in their rigs with equipment running
can park about anywhere on the Southeast or Northeast side of the
building as long as they move their tractors over to the Topaz
parking area after 7:00 a.m. when building employees start to show
up. Topaz should give all their drivers this plan and memo with in-
structions t0 abide by the night equipment running restriction.
Tom
Summary of meeting held at Bridget Jodell's house
December 10, 1996
Twenty-three people attended a meeting regarding the noise caused by the trucks owned by the
Topaz Trucking Company. Those present included Saundra Spigner, Ward 3 City Council
Representative; Barbara Senness, Planning Supervisor; Renee D., intern for Planning Supervisor;
Dan Twaddle, Plymouth Police Department; Jay Mutchler, building manager for 9909 South
Shore Drive; Jay's architect, and concerned neighborhood residents. Randy Debruyn, owner of
Topaz was not present.
The main problem is the noise caused by the trucks, however the noise is coming from two
sources. One source is noise from the TRUCK CABS running during the night while the driver
waits for his/her orders. The second source is from refrigeration and heating units on the
TRAILERS which run periodically throughout the night.
The neighbors feel all noise from these trucks should be eliminated from IOPM to 7AM
weekdays and from IOPM to 8AM weekends.
The following resolutions were discussed and Jay agreed to share the information with Randy,
owner of Topaz:
I . Park TRAILERS which will have refrigeration or heating systems running
in a different direction so the noise won't travel directly to the homes.
2. Park TRAILERS 250 feet farther from homes.
3. Find an alternative lot nearby to park the TRAILERS.
4. Have truck drivers park their CABS with or without TRAILERS somewhere else
during the night so there are no trucks running between l OPM and 7AM weekdays
and IOPM to 8AM weekends
We also discussed building a birm or some type of barrier that would absorb some of the sound.
Dan Twaddle of the Police Department stated that the existing noise ordinance does not apply to
this particular problem. The ordinance refers to noise caused by parties, outdoor power
equipment, or "unnecessary" noise. It is unclear whether the noise caused by the trucks is
considered necessary or unnecessary, therefore the police cannot enforce the ordinance.
Bridget Jodell and Kristi Benthin will keep in contact with Jay and Randy regarding the
resolutions discussed.
Z-3
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May 12, 1997
Blaine Hill
Clerk -Treasurer
City of Breckenridge
P.O. Box 410
Breckenridge, MN 56520-0410
Dear Mr. Hill,
The City of Plymouth is interested in providing flood relief assistance to the City
of Breckenridge. We can offer equipment and staff. However, we know that the flood
clean-up effort will take many weeks, and we want to provide assistance in a form and at
a time which is most helpful to Breckenridge. We would like to have a long term flood
relief relationship with the city, if this is acceptable to the Breckenridge City Council and
to city staff. Just let us know how we can help!
If you would like to explore this further, or have some immediate needs that the
City of Plymouth can help meet, please call me at 612-509-5052. Please know that our
thoughts and prayers are with all the residents of Breckenridge as you begin rebuilding
your city.
Sincerely,
ka,;� xwdwe
Kathy Lueckert
Assistant City Manager
PLYMOUTH A Beautiful Place?o Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 � TELEPHONE (612) 509-5000
THE LEAGUE OF MIN
4221 Lake Road, Ro
Board of Directors:
Sonja Dunnwald Peterson, President, Shoreview
James Einfeldt-Brown. Crystal
Richard Colond. Isanti County May 13
Claudelle Carruthers. Plymouth Y ,
Marion Helland. Golden Valley
Eileen Hyland. Coon Rapids
Curt Iverson, New Ulm
Gloria Winans. Eden Prairie
co
dial?eN 554
Vim �
N RIGHTS COMMISSIONS
%, Telephone (612) 535-1051 I
Anne LaLonde Laux, Minneapolis
Howard Sigal
John Kaufhold. New Brighton
Ronald Linde. Northfield •
Chair, Plymouth Human Rights Commission
Sherry Maddox. Brooklyn Center
Thelma McKenzie. Roseville
Jacqueline Fraedrich
Larry Nicholson. Moorhead
Judith Moore. St. Louis Park
District 281
Louise Watson. Stillwater
Sashila Shah_ Amen Hills
Member Commissions:
Albert Lea
Arden Hills
Austin
Bloomington
Brooklyn Center
Brooklyn Perk
Columbia Heights
Cam Rapids
Cottage Grove
Crystal
Duluth
Eden Prairic
Edina
Falcon Heights
Fergus Falls
Fridlev
Golden Valley.
Hibbing
Hopkins
Isami County
Lake limo
l lankato
Maplewood
Marshall
Minneapolis
Moorhead
New Brighton
New Hope
Now Ulnt
Nobles County
Northfield
North St. Paul
Oakdale
Orono
Pawn m i I Ie
Pte mouth
R,vh Wing
Richfield
Robbinsdale
Rochester
Roseville
St. Chord
St. legis Park
St. Paul
St. Peter
Shoreview
sowh St. Maul
Sti llu iter
Waseca
White Ileal Lake
Willmar
Winona
and others in formation
Dear Howard and Jackie:
We want to commend the Plymouth Human Rights Commission and School
District 281 for the superb job you both did in putting on the second annual
meeting for students on "How Can Students Help Reduce and Eliminate
Prejudice and Celebrate Diversity?" at Plymouth City Hall. The League was
proud to help facilitate this most successful event. With more than 100
students and some of their teachers present, this was a most remarkable
meeting and should be a catalyst to other metro -area school systems as well,
some of whom were also represented.
The video "Daring To Be Different ... A Vision of Diversity", produced by
Armstrong High School students with help from Mary Sam, is a real
contribution to the educational efforts against bigotry. Congratulations to
District 281. We would like to order 55 of these videotapes for distribution
to local Human Rights Commissions around the state and thus spur them to
have student meetings similar to the one held at Plymouth City Hall on May
9. So, your example and positive influence on human rights will go far
beyond Plymouth. Keep up the good work.
Please share our appreciation and excitement with District 281 and the City
of Plymouth.
All good wishes,
Morton W. Ryweck
State Project Coordinator
cc: Kathy Lueckert y-,*'
Michael Courtney
Marian Helland
League and Golden Valley
Board Member and Education
Committee Chair
z�, ,� �.
IT
ZZ
Qz
Ed
(JJ
DATE: May 16, 1997
TO: Dwight D. Johnson, City Manager
FROM: Fred G. Moore, P.E., Director of Public Works
SUBJECT: FLOOD RELIEF ASSISTANCE
RED RIVER
We have previously offered to provide flood relief assistance for the Red River area. This
assistance is being managed by the Minnesota Division of Emergency Management. They
coordinate the assistance through each County's Emergency Management Departments.
On Monday, May 12, we were contacted by Hennepin County Emergency Management to see
if we could provide the assistance that we have offered to Hendrum, Minnesota on Friday,
Saturday, and Sunday (May 16, 17, and 18). We were to make arrangements if we could
provide this assistance directly with the City of Hendrum. Hendrum is located approximately
30 miles north of Fargo and has a population of about 300.
We were able to coordinate the assistance that they were requesting. There are four
maintenance employees, one each from the Maintenance Division (Parks, Streets, Sewer and
Water, and Equipment). In addition to the personnel, they will be sending two dump trucks, a
small end -loader (bobcat), and a street sweeper. They left for Hendrum about 4:00 a.m.
Friday morning in order that they can be prepared to begin work about 1:00 p.m. Friday
afternoon. In addition to our assistance, the City has coordinated assistance from 100 to 200
Boys Scouts who will be emptying sand bags. There will also be a group with farm tractor
loaders to help load and dispose of the sand. Our personnel and equipment will be used to help
with the loading and disposal of sand and then a complete street cleaning of the area. The
other volunteers are to work through Saturday afternoon and we expect to complete our work
by noon on Sunday. If our work is completed early Sunday afternoon, the employees will
return to Plymouth Sunday, but if work takes longer than expected, they would not return until
Monday.
The assistance we offered is a very good match for what this small community needed. Please
let me know if you have any questions.
cc: Tom Vetsch
G:\ENG\GENERAL\MEMOS\FRED\REDRIVER. DOC
MAY 16 97 ' 01.53PM LEAGUE OF MN CITIES P.1
LMCIN--FRIDAYFAx Vol. 2, No. 19
.V avow A weekly legislative update from the League of Minnesota Cities May 16, 1997
Tax bill includes levy limits
Late last night the tax confer-
ence
onference committee voted to include
levy limits in the tax bill. The limits
would apply to counties and to
cities with populations over 2,500,
and would be effective for taxes
payable in 1998 and 1999. The
committee also adopted a plan to
greatly compress the class rates,
agreed to the Governor's request
for a one-time, $450 million tax
rebate, and retained the Local
Performance Aid Program.
To mitigate the effect of the
class rate changes on home-
owners, the committee adopted a
new homestead credit sent
directly to the homeowner. The
credit would be based on the tax
capacity of the home and the
school general levy tax rate. The
significant reduction in the CII rate
will impact outstanding TIF obliga-
tions. The committee hasn't yet
decided how or even if the tax bill
should address TIF.
You can calculate your levy
limits by using this formula;
1. Add your 1997 property tax levy,
HACA, LGA, and LPA.
2. Subtract from #1 your debt levy
and any voter -approved levies
assessed on market value to get
your levy limit base.
3, Add the implicit price deflator
(lPD) to the percent of household
growth in your city from 1995 to
1996. The IPD is an inflation
measure which usually ranges
from 2.5 to 3.5 percent. The
household growth is based on
state demographer and met
council estimates: Both figures
are usually available by mid-July.
4. Multiply #2 by #3 to
get your levy limit for
1998.
5. Any money levied
in 1998 can be levied
above the levy limit
for. a) debt; b)
unreimbursed flood -
related costs; or c)
new or increased
matching require-
ments for state or
federal grants.
6. If you need to levy
Major proposed class changes
Time
city
Current Proposed
Upper -tier CII and Utility
4.6
3.5
Lower -tier C/I and Utility'
3.0
2.5
Apartments
3.4
2.8
Single -unit rental < $75K
2.3
1.3
Single -unit rental > $75K
2.3
2.0
Upper -tier homesteads
2.0
1.9
Lower -tier homesteads"
1.0
1.0
Low-income rental
2.3
1.0
'C/l threshold increased from $100K to $150K
-Homestead threshold increased from $72K to $75K
above your limit for
reasons other than debt or ex-
emptions listed in #5, you must
get approval by your voters in a
general or special election. If the
referenda fails, the county auditor
will certify your levy at your levy
limit (#4) plus debt and exempt
levies (#5).
Because state aid programs
are included in the levy limit base,
cities could °levy back" any aid
cuts and still remain under the levy
limit. While the committee hasn't
made any significant reductions in
LGA or HACA, all elements of the
bill are still in negotiation.
Recovery assistance meetings planned
A Minnesota Recovers Disaster Task Force team will be traveling
the state in the next two weeks to explain a new financial assistance
application for flood affected cities. The single, one-stop application
process has been designed to help communities to get the financial
assistance they need from both federal and state agencies.
The application forms were sent out this week. The dates and
sites of community meetings is listed below. If you have questions
on the program, please call (612) 297-1530 or (800) 657-3858.
Date
Time
city
May 19
7-9 pm
Granite Falls
May 20
1-3 pm
Ortonville
May 21
1-3 pm
Breckenridge
May 21
7-9 pm
Moorhead
May 22
10 am -12
Crookston
May 22
7-9 pm
Hallock
May 27
12-2 pm
Winona
May 28
1-3 pm
Anoka
Location
MN West Community & Tech College
Lakeside Apartments Community Room
City Hall
City Hall
City Hall
City Hall
City Hall
City Hall
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MAY 16 '97 02:29PM CITY CLERK P.1
]OUT
Post -it' Fax Note 7071 V0,;r19r 10 00000
rCoJ
From
; !0L eL �0-
comm Dev - Your Committee, having under consideration the City of
Minneapolis commercial land holding in the City of Plymouth (Lot 1, Block 1, PEAKS
Lake North 5th Addition) and the proposed rezoning of said land by the City of
Plymouth .(Petn No -7tg2_101
now recommends:
1. That staff of the Minneapolis Community. Development Agency (MODA)
be authorized to pursue a challenge, up to and including litigation, of Plymouth's
Proposed rezoning; and
2. That the MCDAp as agent for the City of Minneapolis, be authorized to hire
outside counsel to handle this challenge, both at the administrative hearings and any
subsequent litigation.
ADOPTED
Approved as to Accuracy: J d
'X
Noy VOTE TO VOTE TO
-C-1-hec 0 Ft VFCOUNCII�,V!kTg-.til—NDJCA'MS�VO
R
VOTE TO VOTE TO COUNCIL ASSENT RAID COUNCIL AYE NAY. NOT ASSENT DWERRIDE SUSTAIN MEMBER AYE NAY V=NG �w SUSTAIN
MEMBER VOTING
pztadsic Thurtow
CWTIPWI )L
BirmatMeadL
pahwift —i_ I Schulstad-
Wand AWnn
S=ff Preavent
14 1 Chown -humps I
PASSED MAY 9 1997 AP OVED VEJAZR MAY .5 My
DATE
MAYOR
ATTEST
MAY 16 '97 02:31PM CITY CLERK
P.3
MAY 16 197 02:30PM CITY CLERK
April 28,
1997Flymouth Lot 1, Block 1, Parkers Lake North
ity Owned Land in the City of
Subje; C
5th Addition.
Page 3
can prepare an administrative record that
and any subsequent litigation
woodchat they
will support their subsea nneapolis city Councll.
litigation,
ation, of the City of.
MENDATION: It is recommendedthattnd Ihe ncluding g land holding ►n
RECOM . ursue a challenge, P olis' commercial la
1. Authorize staff to p
Plymouth's proposed rezoning of the City of Minneap unset to
y rnouth; and to hire outside co
the City of PIY
the NICDA� as agent for the City of Minneapolis,
Z.
Authorize he administrative hearings and any subsequent
handle this challenge, both at t
litigation.
Sincerely,
!sl Rebecca Yanisch
Rebecca Yanisch
>=xecutivs Director
' Colairy, for more information please call 673-
This report was prepared by Kaymar►e
5173.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Suesan Lea Pace
TO:
FROM:
DATE:
RE:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
(612) 452-5000
Fax (612) 452-5550
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Marguerite M. McCarron
George T. Stephenson
*Also licensed in Wisconsin
PLYMOUTH CITY COUNCII
ELLIOTT B. KNETSCH
MAY 13, 1997
JAMES SIMON, d/b/a J & S
(CAN DO RECYCLING)
On May 9, 1997, a nine count criminal complaint was filed in District Court against
James Robert Simon, d/b/a J & S Recycling, Inc. (Can Do). Mr. Simon is charged with
using property for a use which is not permitted by the Zoning Ordinance (3 counts); permit a
public nuisance (3 counts); and allowing rubbish accumulation (3 counts).
Mr. Simon must appear in Court on May 23, 1997 for arraignment. The arraignment
is only for Mr. Simon to enter a plea of guilty or not guilty. Assuming a not guilty plea is
entered, the case will be scheduled for a pretrial at the first available date, most likely in
June. If unresolved, it would be scheduled for trial at the first available date, most likely
late July or early August.
The goal of the prosecution is to obtain a Court Order that Can Do must vacate the
premises. If Can Do vacates the premises before a Court Order is obtained, the criminal
case will be dismissed.
51165
Suite 317 • Eagandale Office Center 0 1380 Corporate Center Curve 0 Eagan, MN 55121
Plymouth City Council
May 13, 1997
Page 2
The current owner of the building where Can Do is located is Stuart Tapper. Mr.
Tapper has advised me that Can Do's lease expires on June 30, 1997, and that Can Do has
not given notice of intent to renew the lease. Mr. Tapper does not want to renew the lease,
but apparently is obligated to if Can Do properly exercises its right to renew. I will ask Mr.
Tapper to furnish me a copy of the lease.
Mr. Tapper has signed a purchase agreement to sell the property to Nellie Siverson.
The closing has been tentatively scheduled for the week of June 2, 1997. Mr. Tapper
informed me that Ms. Siverson purchased the property knowing the Can Do space could be
vacant; and that she also does not want to renew the lease with Can Do.
Mr. Simon has entered a Letter of Intent to move his business to Osseo. Mr. Simon
has informed me that his SBA financing fell through, and that he has arranged private
financing, and plans to vacate the property by June 30, 1997.
I will be meeting with the neighbors shortly to answer their questions and update them
on the status of this matter. Please contact me if you have any questions.
cc: Dwight Johnson
Anne Hurlburt
Craig Gerdes
51165
May 14, 1997CO
v���
City Council of Plymouth
3400 Plymouth Blvd. '"--
Plymouth, MN. 55447
Attention: MAYO'R=J0Y=-I ANC COUNCIL MEMBERS
Subject: Planning Commission Hearing, May 13, 1997
Moen Leuer Construction File 97012
Site Plan and Conditional Use Permit
Dear Mayor Tierney and Council Members:
The subject application will be presented in the near future
for your consideration and action.
Please be advised that Sugar Hills Townhome Association has taken
exception to the claim of the City of Plymouth that they own
Outlot "B".
In order to resolve this matter, we have submitted a request
to the office of the Attorney General and understand that it is
currently being reviewed. A copy of our position and
supporting documents were provided to the City Attorney,
Mr. Knutson.
If the approval of the proposed project 97012 is conditioned
upon access being obtained through Outlot "B", then it is
respectfully requested that no further action be taken until
the matter of ownership has been finally resolved.
Very truly yours,
DONALD E. BUTLER, Vice -President
Sugar Hills Townhome Association
3640 Black Oaks Lane N.
Plymouth, Mn. 55446
612-557-6876
cc: City Manager
L�
May 14, 1997
City Council of Plymouth
3400 Plymouth Blvd.
Plymouth, M. 55447
Attention: Mayor Joy Tierney and Council Members
Subject: Moen/Leuer Construction File No. 97012
Dear Mayor Tierney and Council Members:
On May 8, 1997, at the meeting of the Planning Commission, the
zoning on the captioned matter was changed from FRD to Business
Campus. This was done to make the zoning consistent.
At the meeting of the Planning Commission on 5/13/97, the site
plan also was approved, without objection.
Also at the meeting on May 13th, the Conditional Use Permit was
approved with some changes made to the application.
WE OPPOSE THE CONDITIONAL USE PERMIT REQUEST ON THE BASIS
THAT GRANTING IT WOULD CHANGE THE USE -OF THE PROPERTY
AND THAT CHANGE WOULD RESULT IN A DIFFERENT TYPE OF TRAFFIC
PATTERNS, SPECIFICALLY, TRUCKS VS. AUTOS.
Please refer to the Plymouth Zoning Ordinance, Section 21015.01,
which states:
"PURPOSE: The purpose of a conditional use permit is
to authorize and regulate uses which may be beneficial
in a specific instance to the general welfare of the
community, yet ensure that such uses are not detrimental
to surrounding property, (emphasis added) and are consistent
with the stated purpose of the zoning district in which such
uses are located regarding conditions of operation, location,
arrangement, and construction."
ALSO SEE: Subd. 5.....
"(b) The establishment, maintenance or operation of the
conditional use will promote and enhance the general
public welfare and.will not be detrimental to or
endanger the public health, safety, morals or comfort.
, 5/14/97
Page 2
To: Mayor and Council
"(c) The conditional use will not be injurious to the
use and enjoyment of other property in the immediate vicinity
for the purposes already permitted, not substantially
diminish and impair property values within the neighborhood."
We respectfully suggest that the following specifics should be
considered in applying the administration of the CUP as stated
above.
(a) The increase in traffic levels from the proposed project
(and most likely from the future development of the Harstad
parcel), could overload the road and the intersection at
Vicksburg Lane.
(b) Safety improvements such as stop signs, sidewalks, no
parking zones and other changes are needed prior to any
development.
(.c) Since access to the development is proposed over Outlot
"B", the developer passes the burden of payment for these
safety improvements to the taxpayers, while the developer/
owners would reap all the benefits and profits.
(d) Looking to the future, road maintenance and repair
would also become the burden of the adjacent homeowners.
(e) The heavier traffic and type of traffic would definitely
prohibit Sugar Hills homeowners from "use and enjoyment"of
their property, due to added congestion, noise, etc.
(f) There is no doubt that property values would be negatively
affected if manufacturing is allowed in the proposed development.
We believe there is amply justification for denial of the
Conditional Use Permit.
Finally, should a second access to the property be proposed,
i.e., frontage road from Highway 55 or from 35th Street,
we would have no objection to a limited us`e permit, as approved
by the Planning Commission, as long as some enforceable control
would be maintained by the City to ensure limited use.
Very truly yours,
DONALD E. BUTLER, Vice -President
Sugar Hills Townhome Association
DB/hw
cc: Dwight Johnson, City Manager
WDN
Wendy N. DePaolis
May 14, 1997
Dear Mayor Joy Tierney,
Vice I
I am writing to you concerning the property at the southeast comer of Vicksburg and
22nd Avenue. As a Plymouth resident who will be directly impacted by the development
of this site, I am very concerned with the direction potential development could take.
I am vehemently opposed to any commercial development of this site. Commercial
development poses a number of serious safety concerns for the surrounding
neighborhoods, including increased traffic, loitering and limited access to public parks.
The first safety issue traffic. Traffic patterns would shift dramatically to thru-streets like
22nd Avenue. Many children, including my own, ride their bikes across 22nd Avenue to
visit friends. They also wait for the bus each morning on this avenue. The issue is
further complicated by the fact that Oakwood Elementary buses will pick up Grades K-5
at 7:20 a.m. next year. This would be a peak time for retail traffic. The result is a
potentially disastrous mix of children waiting on a dark street for a bus and busy
commuters rushing to top off their tanks.
There are also neighborhood safety concerns with loitering, a problem currently being
experienced at the corner of 101 and County Road 6. Retail development would be a
magnet for groups moving to and from the Parkers Lake ball fields and play area.
Finally, increased traffic at the intersection of 22nd and Vicksburg Avenues would be a
safety hazard for vehicles, pedestrians and bicyclists. My children and I currently use
this route to visit the Parkers Lake play area, our designated neighborhood park. A
commercial venture in this area would make it more dangerous for us to use this
recreational facility.
We moved to Plymouth in 1995 to raise our family in a community with a sense of
neighborhood and security. Rezoning this site to conform with the current guiding
comprehensive land use designation for this property as LA -2 (Townhouse or Single
Family housing) is a major step in insuring that the character of the surrounding
residential neighborhoods is preserved.
Thank you for the support you have demonstrated to date by considering the request to
rezone this site to a low density residential use. I look forward to your support as we
continue to move this issue through the various committee meetings and hearings.
Please feel free to contact me if you have any questions or have any new information that
may be pertinent to this issue. Together, I believe we can make a difference for the City
of Plymouth and for the many families directly effected by this development.
Sincerely,
Wendy N. DePaolis
16010 22nd Place North
404-9625
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