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Home My WebLink AboutCouncil Information Memorandum 12-09-2011CITY OF PLYMOUTH rp) COUNCIL INFO MEMO December 9, 2011 UPCOMING MEETINGS AND EVENTS Charter Commission Agenda 12/14/11................................................................................................ Page 2 EQC Agenda 12/14/11 ......................................................................................................................... Page 3 2012 MLC Legislative Reception 01/30/12......................................................................................... Page 4 December 2011 & January, February 2012 Official City Meeting Calendars .................................... Page 5 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 8 INFORMATION News Articles, Releases, Publications, Etc ... Human Rights committee Essay contest, News Release..................................................................... Page 9 Ehlers Market Commentary 11/22/11................................................................................................ Page 10 Ehlers Market Commentary 12/6/11.................................................................................................. Page 13 Minneapolis, resident knock heads over wall, Article, StarTribune................................................... Page 15 Plymouth Residents Should hold off on using new wheeled Recycling Carts until January, News Release.......................................................................................................... Page 18 Wal -mart faces fight in Plymouth, Article bizjournals.com.............................................................. Page 19 WilliamDeziel Obituary .................................................................................................................... Page 22 MEETING MINUTES Highway 55 Corridor Coalition Meeting Minutes 08/19/11............................................................. Page 23 Planning Commission Meeting Minutes 11/16/11............................................................................. Page 25 STAFF REPORTS Engineering Dept. Active & Pending CIP, 12/08/11......................................................................... Page 31 CORRESPONDENCE Letter from MPCA, RE: Storage Tank Release, LEAK 18634......................................................... Page 35 Letter from HUD, RE: Consolidated Plan End -of -Year Review — Program Year 2010 .................... Page 37 Letter from CenterPoint Energy, RE: 2010 Summary ....................................................................... Page 40 Letter to Minnehaha Creek WSD, RE: Chelsea Woods/Mews Creek Restoration Project ............... Page 41 AGENDA Plymouth Charter Commission Annual Meeting Wednesday, December 14, 2011 Medicine Lake Room 7:00 p.m. 1) Roll Call. 2) Approval of Minutes. A. December 8, 2010. 3) Reports of the Chair. A. Terms for Terry Donovan, Lawrence Marofsky, Donald Levens, Louise Speck, and Lori Schwartz extended to 2013. B. Terms for Richard Dunn and Gregg Fishbein expire early 2012. 4) Unfinished Business. 5) New Business. A. Elect Officers. 1. Chairperson. 2. Vice Chairperson. 3. Secretary. B. Approve Annual Report to District Court Judge. 6) Adjourn. Next Annual Meeting on December 12, 2012 Page 2 ENVIRONMENTAL QUALITY COMMITTEE AGENDA December 14, 2011 WHERE: COUNCIL CHAMBERS Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. 7:00 P.M. CALL TO ORDER 2. 7:05 P.M. PUBLIC FORUM — Individuals may address the Committee about any item not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum. 3. 7:20 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda for discussion purposes or staff direction only. The EQC will not normally take official action on items added to the agenda. 4. 7:25 P.M. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. 7:25 P.M. CONSENT AGENDA* A. Approve November 9, 2011, Environmental Quality Committee Meeting Minutes (Asche) B. Approve 2011 Annual Report & 2012 Work Plan (Asche) C. Table to January 11, 2012 Shingle Creek Watershed 3rd Generation Management Plan Presentation (Asche) 6. 7:30 P.M. PUBLIC HEARING 7. 7:30 P.M. GENERAL BUSINESS A. Recycling Update and Communication of Changes (Cote) 8. REPORTS AND STAFF RECOMMENDATIONS 9. FUTURE MEETINGS — January 11, 2012 10. 8:00 P.M. ADJOURNMENT Page 3 From the West: Take 1-94 east and exit at Kellogg Blvd/Marion St. Turn right and this will be Kellogg Blvd. Drive through the stoplight at John Ireland Blvd. Turn left using the next available left turn lane, and into the History Center entrance drive. From the East: Take 1-94 west. Exit at Marion St. and turn left on Marion, crossing over 1-94. Follow Marion St. and it will turn into Kellogg Blvd. Drive through the stoplight at John Ireland Blvd. Turn left using the next available left turn lane, and into the History Center entrance drive. From the North: Take 1-35E south to St. Paul, and follow signs to 1-94 west. Stay in the right lane on 1-94 west and exit at Marion St. Turn left onto Marion, crossing over 1-94. Follow Marion St. and it will turn into Kellogg Blvd. Drive through the stoplight at John Ireland Blvd. Turn left using the next available left turn lane, and into the History Center entrance drive. From the South: Take 1-35E north and exit at Kellogg Blvd. Turn left onto Kellogg. Halfway up the hill, turn right into the History Center entrance drive. The Municipal Legislative Commission (MLQ cordially invites you to attend our 2012 MLC LEGISLATIVE RECEPTION Monda); January 301", 2012 4:30 P.M. - 6:30 P.m. Minnesota History Center 345 Kellogg Boulevard West St. Paul, MN 55102 This new event will include all of our locally elected officials and legislators from. MLC's 16 suburban communities in. one reception. We will feature the MLC's 2012 session priorities and provide opportitnities for interactionaiul participation. For more information or to RSVP, contact Carolyn LaViolette at 651-556-9205 or claviolette@m.es.verlikrainercoyn- Page 4 City of Plymouth Adding Quality to Life December 2011 Modified on 12109111 CHANGES ARE NOTED IN RED Page 5 1 2 3 4 2:00-5:00 PM 5 6 7 7:00 PM 8 7:00 PM 9 10 OLD FASHIONED PLANNING PARK Et REC CHRISTMAS COMMISSION ADVISORY Plymouth Historical MEETING COMMISSION Society Building Council Chambers (PRAC) MEETING Council Chambers 11 12 13 6:00 PM 14 7:00 PM 15 16 17 SPECIAL COUNCIL ENVIRONMENTAL MEETING QUALITY City Manager COMMITTEE (EQC) Evaluation MEETING Medicine Lake Room Council Chambers 7:00 PM 7:00 PM CHARTER REGULAR COUNCIL COMMISSION MEETING ANNUAL MEETING Council Chambers Medicine Lake Room 18 19 20 21 22 23 24 CANCELLED HRA MEETING Medicine Lake Room Chanukah CHRISTMAS EVE Begins at Sunset 25 26 27 28 29 30 31 CITY OFFICES NEW YEAR'S EVE CLOSED CHRISTMAS DAY Modified on 12109111 CHANGES ARE NOTED IN RED Page 5 r�Plymouth Adding Quality to Life January 2012 1 2 3 4 5 6 7 NEW YEAR'S DAY 7:00 PM Observed PLANNING NEW YEAR'S DAY COMMISSION MEETING CITY OFFICES Council Chambers CLOSED 8 9 10 5:30 PM 11 12 13 14 7:00 PM 7:00 PM SPECIAL COUNCIL ENVIRONMENTAL PARK $ REC MEETING* QUALITY ADVISORY Medicine Lake Room COMMITTEE COMMISSION 7:00 PM (EQC) MEETING (PRAC) MEETING REGULAR COUNCIL Council Chambers Council Chambers MEETING Council Chambers 15 16 17 18 19 20 21 6:00 PM 7:00 PM 5:00 PM SPECIAL COUNCIL PLANNING SKATE WITH THE MARTIN LUTHER MEETING COMMISSION MAYOR KING JR. Discuss Council Goals MEETING Parkers Lake BIRTHDAY and Legislative Priorities for 2012 Council Chambers Observed Medicine Lake Room CITY OFFICES CLOSED 22 23 24 5:30 PM 25 26 27 28 7.00 PM SPECIAL COUNCIL PLYMOUTH 7:00 PM MEETING ADVISORY HRA MEETING Discuss Private Utilities COMMITTEE ON Medicine Lake Room for Silverthorn Medicine Lake Room TRANSIT (PACT) STUDY SESSION 7:00 PM Medicine Lake Room REGULAR COUNCIL MEETING Council Chambers 29 30 31 * Receive update from !the Citv's prosecutor Modified on 12109111 Page 6 r�Plymouth Adding Quality to Life February 2012 Modified on 12109111 Page 7 1 2 3 4 7:00 PM 6:00 PM PLANNING BOARD AND 2:00 PM COMMISSION COMMISSION FIRE 8 ICE MEETING RECOGNITION FESTIVAL Council Chambers EVENT Parkers Lake Plymouth City Hall 5 6 7 8 9 10 11 7:00 PM 7:00 PM 7:00 PM PRECINCT ENVIRONMENTAL PARK It REC CAUCUSES QUALITY ADVISORY COMMITTEE COMMISSION (EQC) MEETING (PRAC) MEETING Council Chambers Council Chambers 12 13 14 15 16 17 18 7:00 PM 7:00 PM 7:00 PM REGULAR COUNCIL PLANNING HUMAN RIGHTS MEETING COMMISSION COMMITTEE Council Chambers MEETING MEETING Council Chambers Medicine Lake Room 19 20 21 2 2 7:00 PM 23 7:00 PM 24 25 6:00 PM POLICE DEPT. SPECIAL COUNCIL PLYMOUTH ANNUAL PRESIDENTS MEETING ADVISORY RECOGNITION DAY Discuss Fire Study COMMITTEE ON EVENT Medicine Lake Room TRANSIT (PACT) Plymouth Creek MEETING Center CITY OFFICES Medicine Lake Room 7:00 PM CLOSED HRA MEETING Medicine Lake Room 26 27 28 29 7:00 PM REGULAR COUNCIL MEETING Council Chambers Modified on 12109111 Page 7 Tentative Schedule for City Council Agenda Items January 10, Special, 5:30 p.m., Medicine Lake Room • Receive update from City's prosecutor January 10, Regular, 7:00 p.m., Council Chambers • Appoint 2012 Health Officer • Appoint 2012 City Council Secretary • Appoint 2012 Official Depositories • Designate 2012 Official Newspaper • Adopt amended Policy Regulating the Use of City Facilities January 17, Special, 6:00 p.m., Medicine Lake Room • Discuss Council goals and legislative priorities for 2012 January 24, Special, 5:30 p.m., Medicine Lake Room • Discuss private utilities for Silverthorne January 24, Regular, 7:00 p.m., Council Chambers • Approve 2012 Liquor License Renewals • Announce Fire and Ice Festival, February 4 at Parkers Lake Park February 2, Special, 6:00 p.m., Medicine Lake Room and Council Chambers • Board and Commission Recognition Event February 14, Regular, 7:00 p.m., Council Chambers February 21, 6:00 p.m., Medicine Lake Room • Discuss Fire Study February 28, Regular, 7:00 p.m., Council Chambers March 13, Regular, 7:00 p.m., Council Chambers • Announce Environmental Quality Fair on March 22 at Kimberly Lane Elementary School March 27, Regular, 7:00 p.m., Council Chambers Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 8 City of Plymouth News Release For Immediate Release December 7, 2011 Contact: Mike Goldstein, 763-509-5129 Plymouth Human Rights Committee sponsors essay contest for middle school students Middle school students from grades six through eight are invited to enter the annual Plymouth Human Rights Essay Contest. Essays are due no later than Jan. 31. The winning essay will be published in the Plymouth Sun -Sailor, and the winner will receive a cash prize of $75. Second and third place winners will receive $50 and $25 respectively. The winning Plymouth essay will also be entered in the state competition, sponsored by the League of Minnesota Human Rights Commissions. At the state level, the first place prize is $500, second place is $350 and the third place prize is $200. Plymouth's topic for this year's essay is, "Compare and contrast the human rights that young people of your age in your community might take for granted that may not be as readily available to young people in other areas of the United States or around the world. Reference the United Nations Universal Declaration of Human Rights, the United States Bill of Rights or the Minnesota Human Rights Act." Essays should be no longer than three pages. They may be either single or double spaced and must use at least 12 point type with an easily readable font. Entrants should include their name, grade and school at the top of the first page along with a title. Essays must be submitted along with an entry form signed by a parent to Denise Lanthier, Plymouth Human Rights Committee, 3400 Plymouth Blvd., Plymouth, MN 55447. Entry forms are available on the City of Plymouth website, plymouthmn.gov. Page 9 Ehlers Market Commentary November 22, 2011 World Economic Volatility Continues In our most recent Market Commentary, we reported on the financial woes of European countries and the resulting impact on financial markets. These concerns have continued over the last two weeks, with much of the attention focusing on Italy. Prime Minister Silvio Berlusconi resigned suddenly on November 12. Yields on Italian 10 year bonds spiked as high as 7.48% last week, well above the 7% benchmark crossed by Ireland, Greece, and Portugal before those countries were bailed out by other European nations. 1 Attention is now shifting to Spain. While Spain's debt -to -GDP ratio is lower than many European nations (at 60%, compared with 120% for Italy and approximately 85% for the average European nation), Spain also suffers from very high unemployment and large government deficits. Yields on Spain's 10 -year bond hit 6.9% recently before declining slightly.I Spain conducted national elections on Sunday, and the conservative Popular Parry is now poised to take control from the currently ruling Socialist Party. Some are hopeful that the new leadership can more effectively broker solutions to the country's economic woes. All of this European turmoil led to more volatility in the markets. Stock prices continued to fluctuate over the last two weeks. From November 4 to November 18 all major stock indices were down, with declines ranging from 1.6% (Dow Jones Industrial Average) to 4.2% (NASDAQ Composite Index). Treasury yields kept to a fairly narrow range over this period, with the 10 year yield ending last Friday at 2.01%, down slightly from 2.05% two weeks earlier. (Note the sharp contrast in yields between U.S. treasuries and debt of some of the European nations; the yield on the 10 -year German fund finished last week just under 190%). Is the U.S. Next? There are some hopeful signs for the U.S. economy. The Conference Board reported on November 18 that their Index of Leading Economic Indicators surged 0.9% in October, largely due to an increase in housing permits. Yet the apparent failure of the congressional "super committee" to reach a deal on budget reductions may have a negative impact on the markets. On one hand, the committee's failure is not a big surprise, and the federal government will have a full year to work on budget solutions before the "mandatory" reductions, or sequestration, in defense and domestic discretionary spending begin in fiscal 2013. But this is another sign of the continued political gridlock in Washington, and it could further shake investor confidence and lead to further dislocations in the financial markets, much like what happened after the last-minute agreement to increase the debt ceiling in August. As of mid-afternoon on Monday, November 21, all three of the major U.S. stock indices were down by more than 1.5% from Friday's close, and the 10 year treasury yield was down by .05%. CNNMoney, "Is Spain the Next Italy?" November 20, 2011 nww.ehlers- Offices in Minnesota: (8D0) 552-1171EHLERS Wisconsin: (800) 717-9742 LEADERS IN PUBLIC FINANCE Illinois: (800) 417-1119 Page 10 Ehlers Market Commentary November 22, 2011 The Muni Market In the municipal bond markets, new issue volume continued at the highest levels of the year, at over $9 billion each of the last two weeks, compared with $2 billion to $4 billion a week for much of the year. Yet the markets were able to absorb this heavy volume without much increase in yields. The yield curve steepened slightly over this period. From November 4 to November 18, AAA muni bond yields reported by Thomson's Municipal Market Data declined by 5 basis points (0.05%) at 5 years and 4 basis points at 10 years, but increased by 3 to 9 basis points at 15 to 30 years. The attached summary of competitive sales is evidence of the high volume of new issues in our region of the country, and also shows continued strong demand, with multiple bids and attractive rates on most issues. it is encouraging that the market could absorb this heavy volume without much increase in rates. One sign of positive demand is that municipal bond mutual funds have seen five consecutive weeks of "inflows" (net purchases), with last week's inflows the largest since September 20 10. 2 This may be because, despite low absolute rates, munis are still a "good deal" compared to treasuries and other fixed income options. On November 18, the ratio of the 10 year AAA muni yield to the 10 year treasury remained at 1109°/x, well above the historical average of 85% to 90%. Given the high volume of new debt and other factors (the shaky U.S. and world economy, uncertainty about the impact of tax reform on municipal debt), these high ratios are not particularly surprising. Yields on mums may need to remain high relative to treasuries to attract investors. The other big news in the municipal markets was the decision by Jefferson County, Alabama on November 9 to file for bankruptcy, after the county failed to come to terms with creditors over restructuring $3.14 billion in defaulted sewer debt. The lack of reaction to this news in the general muni market may be partly because the county's financial struggles have been broadly chronicled for several years, so the bankruptcy filing was not a big surprise. It is also likely a sign that most investors consider Jefferson County to be a rare situation, and are not especially concerned about municipal defaults in general. Despite analyst Meredith Whitney's dire predictions about municipal defaults a year ago, there have been relatively few defaults in 2011. A report released last week by the fledgling Kroll Rating Agency predicted "no material increase" in municipal defaults over the next three to five years.3 www.ehlers-inc.c®m Page 2 Page 11 304 1 1 1111 =-, Looking Forward November 22, 2011 New issue volume for munis is expected to be down significantly, to less than $2 billion, in this holiday - shortened week. Volume is likely to pick up again over the following three weeks - as issuers rush to sell bonds in 2011 - before the usual slowdown in the last two weeks of the year and the first week of the new year. Although it is difficult to predict what direction rates will take in 2012, there is often a decline in rates in January, due to both a decrease in supply of new bonds and increased demand (due to large numbers of bond redemptions and calls and the start of a new tax year). If you are considering plans to issue bonds in the near future - either refundings or new -money issues - you should consider contacting your financial advisor now so that you are poised to sell if rates improve after January 1. 10 EHLERS LEADERS IN PUBLIC FINANCE vwvw.ohlers-inc.com Page 3 Page 12 Ehlers Markt Commentary December 6, 2011 A few givens occur this time of year: the days shorten, Aaron Rodgers and Tim Tebow orchestrate game -winning drives in the 4th quarter, and market observers make bold predictions for the following calendar year. We as financial advisors are not in the business of bold predictions, but we can make a few observations. Interest Rate Movement (or lack thereof) On the interest rate front, no news is good news for now. Even with stock market fluctuations and more municipal bond supply, long-term interest rates for AAA bonds varied only one basis point (one basis point = 0.0 1 %) as measured over the last three Fridays, according to Thomson Reuters' MMD scale. The yield for bonds maturing in 2031 is currently at 3.47%. The ten-year yield has dropped 8 basis points to 2.18% as of December 2nd. The ten-year Treasury rate has been hugging the 2.00% level for the last two weeks, with daily variations of no more than 11 basis points. Bond volume was up again with last week's new issuance at approximately $6 billion with the same amount expected this week. Will this rate stability last? George Friedlander of Citi was quoted in the Bond Buyer at the end of November forecasting a "January effect" for early 2012 in the municipal bond market due to supply/demand imbalances from reinvestment of interest and redemptions that occur on either side of December 31 st each year. He elaborated by stating "it is likely that such a rally will occur this year, unlike end of year 2010 when yields kept rising into the middle of January for a variety of reasons. We would continue to put cash to work where the calendar remains active, particularly in states where the new issue volume is likely to dry up going into 2012". Mr. Friedlander believes that rates could actually drop in January, but notice he hedged his forecast by referring only to certain states in which volume is thought to be lower later in 2012. The December 5th edition of the Bond Buyer quotes traders who have noticed an uptick in demand for individual tax-exempt bond issues from retail investors. The article includes two observations: bond fund yields are so low that buyers of municipal bonds are looking for additional yield, and buyers do seem to be concerned about perceived lower supply next year. There are signs of the lock on low yields breaking, however. In our conversations with others in the market, bond traders continue to observe that very few of their customers are enthused about 1.50% to 2.00% yields for longer-term, tax-exempt paper, even if it is highly -rated. Municipal bond funds, according to the Bond Buyer, had more outflows than inflows for the first time in two months. These outflows are not a surprise when the stock market has seen such a significant rally. 4W EHLERS LEADERS IN PUBLIC FINANCE www.ehiers-inc.com Offices in Minnesota: (800) 552-1171 Wisconsin: (800) 717-9742 Illinois: (800) 417-1119 Page 13 Ehlers Market o m rn n tory December 6, 2011 Politics, Rates, Unemployment and Underemployment As far as the interest rate environment for 2012, it will be hard to separate the noise from reality. In case you had not noticed, 2012 is a presidential election year. We often hear theories and have read a few studies asserting that elected officials do everything in their power to keep interest rates from rising dramatically in the months before they face the voters. One study (from the "Financial Markets Center") claims that from the mid-1950s to the mid-1980s, the average increase in the Federal Reserve's fed funds rate was less than 0.25% between February and October of a presidential election year. The study observed only twice did the Federal Reserve dramatically increase rates, 1980 and 2000. We have not verified the results of these studies and theories nor are we endorsing its presumption of causality. We will leave it to all of you to determine if Congress or the President actually controls Federal Reserve policy (and if the Federal Reserve can control long-term interest rates or elections), but it is clear that we will be bombarded in 2012 with each political party's prognostications regarding their respective candidate's ability to influence gross domestic product, trade deficits, and perhaps even other countries' debt. Interest rates (and elections) are dependent upon a variety of economic factors. The most interesting factor recently has been the employment statistics. Employment is the driver of so many things important to local governments: housing starts, office and industrial building vacancies, and retail sales. Last Friday's numbers (see the Bureau of Labor Statistics for more detail) regarding the decrease in the unemployment rate sounded like a good thing on fust blush. An unemployment rate of 8.6% was announced, the lowest rate in over two years. A closer look leads to more questions instead of conclusions. The 120,000 jobs produced last month is less than the rate necessary to absorb new workers. Much of the unemployment rate decrease is attributable to shrinkage in the pool of people seeking employment. Gallup.com asserts that a big factor in the unemployment rate is that a huge pool of people are working part-time that would rather work full-time. They peg the underemployment rate (unemployed and part-time workers looking for full-time) at 18.1%. This rate is down from a high of 20.3% in early 2010. Summary So what will determine the presidential elections from an economic perspective? CNNmoney stated recently that no president has been re-elected with an unemployment rate over 7.2% since Roosevelt. But the website says that more important than unemployment is how many jobs have been created during a president's term and how optimistic people feel about the future. We all will likely need to wait until the summer and fall of 2012 to determine the mood of voters. This brings us back to decisions facing the issuers of municipal bonds, such as when to issue bonds. Given some evidence that the "January effect" is starting now in December, borrowers who have completed the requisite debt planning and authorization would seem to have the best shot at achieving favorable interest rates by issuing debt for new projects and refinancing now and in early 2012. EHLERS LEADERS IN PUBLIC FINANCE vuww.ehiers-inc.com Page 2 Page 14 Minneapolis, resident knock heads over wall Article by: RANDY FURST , Star Tribune Updated: December 8, 2011 - 6:06 AM A Minneapolis woman has been in a 3 -year battle over who should repair a retaining wall next to her house that has now led to a lawsuit. The 7 -foot -high retaining wall near the edge of Elizabeth Howell's yard in southwest Minneapolis has a big crack and leans, giving every indication that one of these days it will tumble onto the sidewalk. Page 15 Three years after the city demanded that Howell repair the wall, it still hasn't been fixed. The dispute over who should pay for it has escalated into a lawsuit by Howell claiming that the city is harassing her. She alleges she has already spent tens of thousands of dollars in legal fees to prove the wall is the city's responsibility. Meanwhile, the city has issued two "final warnings" to repair the wall or face legal action, then retreated without explanation. The unique issues raised by retaining walls have prompted the city to launch a review to find out how many there are, and if there is a better way to deal with them. Howell, 49, an investment manager, lives at 48th Street and Drew Avenue S. She says repairing the wall would cost $40,000 and claims it's the city's job to fix it because her own lawn stops 8 feet short of the wall. "Why do I want to pay for the wall?" she said. "It's wrong." The city won't comment on Howell's case because of the lawsuit, which was filed in October in Hennepin County District Court. But Matthew Laible, a city spokesman, said in an e-mail that "the city's position generally is that when there is an issue with a retaining wall, we determine legal responsibility for the wall and move forward accordingly." He said that "in many instances over the years, where a private retaining wall needed repairs," property owners "typically make those repairs" if ordered to do so without additional enforcement action. Documents from Kristin Heebner, Howell's lawyer, suggest that the city has been flummoxed in dealing with Howell. After an Aug. 29, 2008, visit, city inspectors concluded that the wall's condition violated an ordinance. Howell received a letter, ordering her to fix it by Nov. 1, 2008, or face a $100 reinspection fee and possible legal action. Over the next three years, the city issued Howell a $200 fine, canceled the fine and sent her two "final warnings." In April, the city notified Howell that it planned to assess her property to fix the wall, but in May, an administrative hearing officer said the question of the wall's ownership needed to be answered first. A hearing was set for July 14 and rescheduled for Oct. 8. On Oct. 5, the city canceled the hearing, and the next day, an inspector came to Howell's house to re-examine the wall. At the heart of the dispute is a city ordinance that states, "Every fence and retaining wall on or adjacent to residential property shall be kept well mended and in good repair, consistent with the design thereof." But Howell says a plat map shows the wall is adjacent to city land, not her land. She says the wall was there when she bought the house in 1989 and there are no building permits to show a previous homeowner built it. Page 16 Last year, Assistant City Attorney Robin Hennessey wrote Howell that, as a property owner, she "technically" owns the "street, sidewalk, boulevard etc." in front of her house, although the city has the "right of way" to the property. "The foregoing principles are not reflected in the city's code," Hennessey wrote. "Rather they have been established by common law." Howell wrote back to say that if property boundaries are trumped by common law, "why not simply provide the common law? We can't find it." Clinton McLagan, an Eagan attorney who specializes in property boundary law, notes that when a city repairs sidewalks, it charges the homeowner. McLagan isn't involved in the case. Heebner counters that an ordinance makes owners responsible for sidewalk repair, but not so for retaining walls. More damages? Heebner wrote the city Tuesday, saying that it if does not repair the wall, the city's land will fall into the street and Howell's land will fall into the city's land, causing Howell substantial damage. Laible, the city spokesman, said that as retaining walls get older, maintenance issues are becoming more common. He says a team consisting of regulatory services and public works staff will compile a list of the walls and review "our processes for handling" them "to see if there are any changes to the process we'd like to make." Randy Furst • 612-673-4224 Page 17 Plymouth Residents Should Hold Off on Using New Wheeled Recycling Carts Until January Plymouth is getting ready for the new every -other -week, no -sort recycling program that will begin in January. Households on Plymouth's curbside recycling program are receiving new 65 -gallon, wheeled recycling carts throughout December. Residents should wait to use the new wheeled carts until January. Until then, they should continue to use the smaller blue bin that they have traditionally set out. The trucks that pick up recycling through December will not collect recyclables from wheeled carts, so materials in those carts will be left Starting in January, the new wheeled carts will make it easier for residents to get recyclables to the curb. New carts are not the only changes Plymouth residents will see to the recycling program starting in 2012. Residents will also be able to recycle more types of material. Plastic containers like margarine tubs, yogurt containers and clear plastic deli containers are some of the new materials that will be accepted. In addition, frequency of collections will also change. Residents will set out recycling every other week instead of every week. In spite of the change in frequency, residents will continue to recycle on the same day of the week as previously. Residents are asked to continue to use the blue recycling bin through December. After that time, residents may keep the blue bin for storage or other uses. A collection area will be available in January and February for those who do not want to keep their recycling bins. It will be located at the city's Maintenance Facility, 14900 23rd Ave. N. Bins in good shape will be reused and those that aren't reused will be recycled. Go to plymouthmn.gov/recycling2012 to find links to a map of the recycling areas, a calendar with the recycling schedule and information on the new materials that can be recycled. Page 18 Helen LaFave Subject: FW: request/copy of story From: John Vomhof Jr. [mailto:jvomhof@bizjournals.com] Sent: Friday, December 09, 2011 11:17 AM To: Helen LaFave Subject: Re: request/copy of story Wal-Mart faces fight in Plymouth By John Vomhof Jr. Staff reporter/broadcaster Fresh off a recent rejection in Chanhassen, Wal-Mart Stores Inc. is poised for another community battle in the Twin Cities suburbs. This time, there's more on the line. In Plymouth, Bentonville, Ark. -based Wal-Mart paid $10.6 million late last year to acquire the 33 -year-old Four Seasons Mall property, but city officials have made it clear they don't think a giant Walmart store is a good fit for the site. "In the big picture, I generally wouldn't have a problem with [a Walmart store in Plymouth], but the site they purchased isn't conducive to it. It's too small," Mayor Kelli Slavik said. The Plymouth City Council recently lifted a one-year development moratorium on the 20 -acre property at the southwest corner of Highway 169 and Rockford Road, paving the way for Wal-Mart to submit an application to build a new store there. It's zoned for neighborhood commercial, the type of smaller -scale retail that Slavik and other city leaders want to see there. To accommodate a Walmart store, the city would have to rezone it for community commercial, which would allow for a big -box retailer that draws shoppers from a wider area. "That site is in need of revitalization," said Wal-Mart spokeswoman Lisa Nelson, adding that a formal application could come during the first quarter of 2012. "We know we can do a great development there, and we want to work with the city to find the right fit." Guiding principles Plymouth has conducted extensive research on the Four Seasons Mall property over the past year, including a market study that concluded the site could only accommodate 89,000 square feet of retail due to traffic constraints at the nearby intersection of Rockford Road and Lancaster Lane. That's much smaller than the typical Walmart store of between 120,000 and 180,000 square feet. "If Wal-Mart comes in with plans for a 100,000 -plus -square -foot facility, they would have to show how they could accommodate the neighborhood and traffic concerns," said Steve Juetten, the city's community development director. Other scenarios in the study suggested senior housing or a mixed-use project. Page 19 The City Council recently adopted a set of guiding principles for what it wants at the site, covering everything from building materials and landscaping features to bike paths and stormwater treatment. Wal-Mart will consider those things when preparing its application, Nelson said. "We want to incorporate what we can, and we want to get more feedback from the city and neighbors so we can come up with a development that fits that site and the community." Risky business The fact that Wal-Mart bought the Four Seasons Mall property outright raises the stakes for its proposal in Plymouth, said Dave Brennan, co-director of the Institute for Retailing Excellence at the University of St. Thomas University of St. Thomas Latest from The Business Journals The path from higher education to the boardroomBoyd Stofer, Twin Cities real estate leader, dies suddenlyMinneapolis commercial real estate pros less optimistic Follow this company . "That's certainly a much riskier move for Wal-Mart," he said, noting that retailers typically prefer to have an option to buy the land pending city approvals. "It gives a pretty good indication that they really want to be in that market." That probably means the retailer will be more willing to compromise with the city on certain design elements, as it has done in other upscale suburban locations where it's harder to secure the necessary approvals. "They will come in with at least what they want, and probably more, because it's easier to negotiate down than it is to come back up," Brennan said. "They're going to want to make this work." Plymouth also is likely to back off on some of its demands as the process unfolds, he said. "You have to look at what's there — in this case, a very underperforming retail center. You have to assume the city wants to replace that with something that will have a higher tax base." Slavik, however, said Wal -Mart's ownership doesn't change anything from the city's perspective. "I had an opportunity to meet with Wal-Mart before they closed on their purchase," she said. "They were aware of my concerns then, as well as the concerns of other council members and the neighborhood." Community backlash Wal-Mart certainly is no stranger to neighborhood opposition over the years. Until recently, though, it hadn't encountered much of that in the Twin Cities since it launched an aggressive expansion initiative a couple of years ago. New stores are under construction or approved to proceed in communities such as Brooklyn Center, Blaine, Burnsville, Lakeville and St. Cloud. The biggest setback to date came in Chanhassen, where the City Council last week unanimously rejected the retailer's proposal for a 120,000 -square -foot store at Highway 5 and Powers Boulevard. The city had concerns about traffic, parking and the encroachment of a nearby wetland, and, said Nelson, wanted to limit the development to 65,000 square feet. "We're still evaluating it," Nelson said. "But we can't do 65,000 square feet. We're seeing if there are any other solutions there, but I don't think we're going to move on square footage." Page 20 A proposed Walmart store in Roseville, just east of Interstate 35W at the intersection of County Road C and Cleveland Avenue, also might face a challenge, considering that a neighborhood group fought to block Costco from opening on that site as part of a larger, mixed-use development that never happened. However, city officials say current zoning would permit big -box retail. Wal-Mart plans to hold a neighborhood meeting with area residents to address concerns, Nelson said. And, of course, there's certain to be plenty of debate in Plymouth too. "It should be an interesting process," Slavik said. "I know the neighborhood is pretty geared up for it. Once an application comes in, I expect lots of activity." avomhof@bizlournals.com 1 (612) 288-2101 John Vomhof Jr. covers retail, restaurants, hospitality, sports business, and advertising/public relations/media. He's also on the air on WCCO-AM 830 with Dave Lee daily at 8:45 a.m. and on Fox 9 TV Fridays at 5:30 & 6:30 a. m. Page 21 William W. Deziel Deziel, William W. Age 90, of Plymouth, Navy WWII Veteran passed away on November 29, 2011. Preceded in death by his parents, Helen and Frank; his t beloved son, Ronald; brothers, George and Richard; sisters, Lorraine (Harold) Weber, Marie (Frank) Jordan, Patricia (Joe) Raskob. Bill is survived by his loving wife of 60 years, MaryAnn; children, Annette, David (Sharon), Mark, Teresa (Tim) Boser; grandchildren, Siena (15), Weston (13), Marshall (11); sister, Jeanne (Al) Lindenfelser and many nieces and nephews. Bill was a member of the Hamel American Legion and VFW. He was an inventor, carpenter/realtor and an expert gardener. He was also a baseball player and manager of the Hamel Hawks. From his parent's farm, Bill designed, built and ran Hollydale and Shamrock golf courses along with his brother Richard. Bill will be deeply missed by his family and many relatives and friends. Mass of Christian Burial 11 AM Monday at the Church of St. Anne, 200 Hamel Road in Hamel. Visitation 3-6 PM Sunday at Gearty-Delmore Plymouth Chapel, 15800 37th Ave. at Vicksburg Lane and 1 hour prior to mass at church. Private Interment St. Anne's Cemetery. Memorials preferred to Hospice at Park Nicollet or St. Therese Nursing Home of New Hope. A special thanks to all the nurses, aides and staff. Gearty-Delmore Plymouth 763-553-1411 Published in Star Tribune from December 1 to December 4, 2011 Page 22 p WAY55 R COALITION www.highway55.org Preserving the 55 Corridor from I-494 to Annandale, Minnesota Highway 55 Corridor Coalition Full Membership Committee Meeting Meeting Minutes Friday, August 19, 2011 9:30 a.m. —11:30 a.m. Hennepin County Transportation Facility Medina, MN Training Room 1. Call to Order— Chair Marvin Johnson, with a quorum being present, called the meeting to order at 9:38 a.m. 2. Introductions — Marvin Johnson, City of Independence; Wayne Fingalson, Wright County; Dick Mattson, Wright County; Jeff Johnson, Hennepin County; John Griffith, MnDOT Metro; John Lund, City of Greenfield; Liz Weir, City of Medina; Jim Grube, Hennepin County; Mark Johanneck, Morrie's Buffalo Ford Group, Inc. 3. Approve Meeting Minutes from April 15, 2011: Motion by Liz Weir, second by Wayne Fingalson to approve the April 15, 2011 meeting minutes. Motion passed. 4. Technical Advisory Committee/MnDOT Report: • MnDOT Report: John Griffith said that the Better Roads Program includes a 10 mile Mill & Overlay project on Hwy 55 from CR 116 to Rockford in 2012. There will be a detour for the project and MnDOT has been meeting with city staffs on potential impacts. There will be two segments to the detour. The project will be a Design/Build project with letting this winter. The bid will be awarded based on the combination of Bid Price plus Time of Work. There also will be alternate bids -4" Mill & 6" Overlay or a Bituminous & Concrete roadway. This would be one of the 2 lanes of the future 4 -lane roadway. The project will include outer rumble strips and 11 right/left turn lanes. No access closures as access is improved with the turn lanes. • Federal Funding status: Wayne Fingalson said the CR 147 Alternate project got federal funding from the ATP in 2015 of more than $1 million. Funding needed for R/W and environmental documentation. Jim Grube noted the potential for using $100,000 allocated to Corcoran for R/W that has not been used so far. Jim will check with the City on their intent for using/not using this funding. Any funds allocated in Metro and in the STIP would need to be transferred from Metro to District 3 for use on the CR 147. There was concensus to move ahead with the process should funds be transferred from Corcoran to Buffalo for the CR 147 project. Jim Grube and Wayne Fingalson to report back at next Coalition meeting. Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: wa ne. n lson ri ht.mn.us Buffalo, Minnesota 55313-3306 Pageii oe �9��J8 V c� do�B9 OCORR__ www.highway55.org IDOR HIGHWAY55 COALITION Preserving the SS Corridor from 1-494 to Annandale, Minnesota Wayne read a Minnesota Transportation Alliance message that stated it was very doubtful on any new Chairman Mica's draft House Transportation Committee authorization bill would hold funding to anticipated revenue which would result in about a 35% reduction in current transportation funding. • Project Status Report: John Griffith said they are working with the City of Plymouth on a 2014 safety project at Niagara Lane. He also noted that Hwy 55 is not in the long range program. Only expansion projects inside the I494 beltway are included. The need for the Hwy 55 expansion is there but not the funding. On the plus side is the fact that the Hwy 55 EA approval to Rockford is grandfathered in. Jim Grube said that the CR 116 project is an interim project. It will not be the ultimate interchange project at this time but an expansion of the intersection with additional turn lanes. 5. Legislative Updates: Federal: Wayne Fingalson handed out and read a letter from Congresswoman Bachmann providing a brief update of what is happening in Congress on transportation issues. State: Senator Bonoff regrets for not being able to attend were noted. State shutdown is now over. 6. Financial Report: Wayne handed out the Financial Report as of August 17, 2011. He reported that the current fund balance is $31,822.05. Motion by Bob Moberg and a second by Liz Weir to approve. Motion passed. 7. Communications: There were no other communications at this time. 8. Establish next full membership meeting date and time: The next meeting will be on Friday, October 21, 2011 at 9:30 a.m. at Hennepin County, Medina facility. Note-- As there was no pressing issues to come before the Coalition the meeting was cancelled. 9. Other Business: Liz Weir noted that Scott Johnson formerly of Big Lake has replaced Chad Adams as City Administrator as Chad has accepted the City Administrator position in Albert Lea. Liz also noted that the City of Medina has recently received two awards from the Municipal League of Cities for populations under 5000. Field House in Hamel Park for environmental features and Chad Adams for administration. 10. Adjourn: On a motion by Liz Weir, second by Wayne Fingalson the meeting adjourned at 10:49 a.m. Respectfully submitted: Brad Larson, SRF Consulting Group, Inc. Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: wa ne. n lson ri ht.mn.us Buffalo, Minnesota 55313-3306 PageN Approved Minutes City of Plymouth Planning Commission Meeting November 16, 2011 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Nathan Robinson, Scott Nelson, Bryan Oakley and Marc Anderson MEMBERS ABSENT: Commissioner Gordon Petrash STAFF PRESENT: Planning Manager Barbara Thomson, Public Works Director Doran Cote, Park and Recreation Director Diane Evans, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Robinson, seconded by Commissioner Kobussen, to approve the November 16, 2011 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE NOVEMBER 2, 2011 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the November 2, 2011 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION approved. B. PHOENIX SIGNS (2011086) MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the request by Phoenix Signs for a variance to expand an existing off-site directional sign at 3015 Harbor Lane N. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2011087) Chair Davis introduced the request by the City of Plymouth for the 2012 — 2016 Capital Improvement Program. Page 25 Approved Planning Commission Minutes November 16, 2011 Page 2 Public Works Director Cote gave an overview of projects and funding sources for each department. He discussed the central equipment report. Commissioner Nelson noted the priority column shows non -applicable, and asked if that column is ever used. Public Works Director Cote said that element of the software has the ability to prioritize projects but has not been used. Commissioner Kobussen asked if there are two fire vehicle SUV's and if they will be replaced in two years. Public Works Director Cote explained 10 -CE -032 and 10 -CE -030 are two different vehicles which would be replaced only if a grant is available. Commissioner Kobussen asked what a regenerative air sweeper is. Public Works Director Cote explained the typical sweeper has brooms and brushes, and the regenerative air sweeper is like a large vacuum cleaner which picks up the smaller material the big sweepers can't pick up. Public Works Director Cote reviewed the projects for the facilities management. He pointed out the salt covering system for the maintenance facility is in significant disrepair and is in the design phase to be constructed next year. Public Works Director Cote said the rooftop parking deck for public safety is no longer water proof and has cracking and spalling. He said they have an estimate of $460,000 for replacement. Public Works Director Cote briefly discussed the IT projects, which are all replacement projects. He noted one of the larger projects would be the portable 800 MHz radio units used by public safety as the technology we have is no longer going to be supported by Hennepin County. Public Works Director Cote said these would be replaced either by a grant or through funding set aside for the replacements. Commissioner Robinson asked how many of the public safety radios would be replaced. Public Works Director Cote said there are approximately 100 units to be replaced. Public Works Director Cote reviewed park and recreation projects and said the larger projects are for land acquisition, such as the Greenway land acquisition. He added that Park and Recreation Director Evans has done a significant amount of work in reprogramming and prioritizing the projects. Public Works Director Cote said replacement of the Plymouth Creek Fieldhouse turf is scheduled for 2012, and will be funded 50150 through a grant and city funds. Commissioner Anderson asked why the City is replacing the Lifetime Fitness parking lot. Page 26 Approved Planning Commission Minutes November 16, 2011 Page 3 Park and Recreation Director Evans said the City has a public/private partnership with Lifetime as their building is on city property. She said as part of the ground lease for the facility, Lifetime and the City collaborate on some of the repairs such as lighting and parking lot repairs. Commissioner Nelson asked for clarification on sharing the costs. Park and Recreation Director Evans explained some items are shared 50/50, some are entirely Lifetime's responsibility, and some are city items. Commissioner Kobussen asked the likelihood of the Cheshire Lane trail crossing occurring in 2012. Park and Recreation Director Evans said that trail crossing would be concluded with the Trillium Woods development. She said that development is moving forward and she anticipates the trail crossing at Cheshire Lane next year. Chair Davis asked about the project for the Hilde Performance Center, noting we just did a big upgrade there. Park and Recreation Director Evans said the Hilde renovation is broken into two phases. Phase I was for the internal infrastructure, and Phase II will be for enhancements to Plymouth Boulevard and access from Plymouth Boulevard. Commissioner Anderson asked if the school district participates in the use of the Lifetime facility and if they participate in any costs. Park and Recreation Director Evans stated the Wayzata School District is a partner and as part of the agreement they submitted $1.2 million for the development of the facility. She said that was their only responsibility other than some internal things tied to the swimming pool. Public Works Director Cote discussed the sanitary sewer projects. Commissioner Anderson said the city spends the money to oversize pipe for the trunk sewer and then charge later on for that kind of work. He asked where the credit comes into the budget. Public Works Director Cote said typically we apply the area charges to the raw development. He said the developer installs the sanitary sewer they need and what serves other properties. Public Works Director Cote said the part serving other properties is a credit against the area charge on that particular development. Commissioner Anderson asked about the refurbishing process for a lift station. Public Works Director Cote said that depends on the lift station, as some need only minor repairs and others are dismantled. He said all of the proposed projects need new controls, pumps and Page 27 Approved Planning Commission Minutes November 16, 2011 Page 4 telemetry. Public Works Director Cote said they review the lift station for corrosion and either seal or replace with a new wet well. Commissioner Oakley asked if the Met Council offers a reduction in fees or a reimbursement of past fines for annual line cleaning. Public Works Director Cote explained the Inflow and Infiltration Surcharge Program which resulted in a surcharge against the City of Plymouth because we had clean water to get into our sewer system. He said if we expend resources to get rid of that which they don't want that goes as a credit against our surcharge. Commissioner Anderson asked how many cities have infiltration to an unacceptable level. Public Works Director Cote estimated a dozen cites exceed allowable flows. He added cities such as Golden Valley and Orono, which have older clay piping and unsuitable soils, such as clay, experienced this. Public Works Director Cote discussed highlights of the street projects. He said the edge mill and overlay projects are very large projects and are less than reconstruction but more than patching. Public Works Director Cote said in the past this process was used on a trial basis, and he said they had some really successful projects in 2010 with this new program. Commissioner Anderson asked why the Co. Rd. 24 - 301h Avenue project, which has been around a long time, is now pushed out to 2015. Public Works Director Cote said this project has moved several times in the County's Capital Improvement Program, and it was moved and eliminated with the Co. Rd. 101 projects. He said it is now in the county CIP for 2015 if they have funding. Commissioner Anderson asked if the $3 million is the city portion of the county project or the total project cost. Public Works Director Cote stated that is total cost of the right of -way acquisition, trail construction and the street project. Commissioner Anderson asked about cost and assessment to owners for the mill and overlay projects. Public Works Director Cote said the city assesses between 20 — 40% of the costs depending on the project. Commissioner Anderson noted the city has a lot of money for the Peony Lane — Schmidt Lake Rd. to Co. Rd. 47 project and questioned why that wouldn't be done when a developer does a project and has to build a road. Page 28 Approved Planning Commission Minutes November 16, 2011 Page 5 Public Works Director Cote said the city is identifying the preferred alignment and how to fund this project such as waiting for a development or to charge area assessments. Public Works Director Cote said with Plymouth, Maple Grove, Medina and Corcoran developing, the need may push this project to be constructed sooner than the development of the area. Commissioner Nelson asked why the safety improvements for railroad crossings would be delayed for seven years. Public Works Director Cote explained the rail safety improvements are crossing gates. He said the city has a partial train whistle ban, and to keep that ban we have to make systematic improvements to existing crossings. Public Works Director Cote said these projects are eligible for state funding, but due to an accident or situations statewide, we have continued to be bumped down on the list for state funding. Commissioner Anderson asked for an update on Co. Rd. 47 improvements and he said the county would like to turn that project back to the city. Public Works Director Cote said he has had no response to his inquiries to the county on the status of improvements to Co. Rd. 47 nor to his cooperative "turn back" agreement he developed to allow that to happen. Public Works Director Cote briefly reviewed the transit projects which mirror what the Met Council has in their CIP. Chair Davis asked if there is a bus garage in Plymouth. Public Works Director Cote said there is a bus garage in Minneapolis for our contract provider buses. Public Works Director Cote reviewed water and water resource projects. He said a project that has been added is the rehabilitation of the water tower at Co. Rd. 6 and Xenium Lane, which will include repainting and a new logo and lettering. Commissioner Nelson said he did not observe projects affecting Medicine Lake, and asked if the stream restoration projects are finished. Public Works Director Cote said projects immediately adjacent to Medicine Lake are done, and now they are addressing erosion and drainage problems further from the lake. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Oakley, seconded by Commissioner Kobussen, to approve the proposed 2012 — 2016 Capital Improvement Program. Vote. 6 Ayes. MOTION approved unanimously. Page 29 Approved Planning Commission Minutes November 16, 2011 Page 6 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Davis, with no objection to adjourn the meeting at 7:48 p.m. Page 30 Revised: December 8, 2011 City of Plymouth Engineering Department Active and Pending Capital Improvement Projects rol. or Proj. Project Froj. Estimated CIP No. Type Description Manager Consult Total Cost Current Notes Active Public Improvement Projects 5102 S CR 101, CR 6 to DC/BM Henn. $17,000,000 Assessments were adopted July 12, 2011. CR 24 Co. 8128 WR Plymouth Creek DA $1,200,000 This project is substantially complete. Vegetation establishment has been satisfactory. Some repair of the stream bank and Restoration seeding needs to take place by the contractor this fall and winter. (26th Ave / W Med Lk Dr) 9113 S Cimarron Ponds JP $2,200,000 This project has been completed, with minor punchlist items remaining, and is scheduled for final payment in January. Reconstruction 9126 WR Ranchview / DA $125,000 This project will relieve flooding and constricted water flow near the intersection of Ranchview Lane and Medina Road. Plans Medina Road and specifications are complete. Quotes were received on November 30, 2011. The low quote of $70,215.50 is from Wetland Minnesota Dirt Works, Inc. Staff anticipates this project to be under construction this winter. 9127 WR Bass Lake DA $225,000 This project will relieve constricted water flow near the outlet of Bass Lake. The contract for this project in the amount of Outlet $117,075.00 was awarded at the November 8, 2011 City Council meeting. 10001 S 2010 Str Recon JP $7,380,000 This project is scheduled for final payment at the December 13 Council meeting. (E Parkers Lk, 25th/Polaris 10002 S S Shore Dr JR $885,000 The project has been completed except for minor punchlist items. Street Project 10005 S 2010 Mill & DC $810,000 All contract items have been completed, pending final payment. Overlay 10014 SS Imperial Hills Lift SN AE2S $740,000 Contract was awarded to Minger Construction. Start up has been completed and a construction punch list has been generated. Station Punch list work is nearly complete. 10017 WR Parkers Lk SN SRF $800,000 Start of construction has been delayed by rain and high water levels. Project construction is 90% complete. Start up of new Storm Sewer Lift pumps has occurred. Contractor is working on punch list items. Station 10021 W MIP Tower SN $550,000 Plans and specs are expected to be submitted for Council approval in November 2011. Council approved plans on November Painting 22. Bid opening is scheduled for December 20. 10024 W Well No. 17 (5A) SN Bonestro $700,000 Plans will be brought to the City Council for approval on Oct. 11, 2011. Bids will be opened on November 9, 2011. Contract awarded to E.H. Renner & Sons, Inc. on November 22. 10026 S Vicksburg Lane JR $350,000 Bituminous Roadways will be milling and overlaying some sections as punchlist items in 2012. Overlay 10030 S Rail Crossing JR $272,500 The Union Pacific Railroad Company has completed 75% of the project. Xcel Energy has recently provided the power for the Improvements- gates and UP Rail expects the gates will be operational by December 15, 2011. Nathan Lane Page 1 P:\Organization\Council\Council Information Memorandums\201 1 \1 20911 \Active Pe?iag�'OIP31�0811 Revised: December 8, 2011 City of Plymouth Engineering Department Active and Pending Capital Improvement Projects rol. or Proj. Project Froj. Estimated CIP No. Type Description Manager Consult Total Cost Current Notes 11001 W Zachary Water SN $60,000 Repainting to be done in 2014. Power washing has been delayed until Spring 2012. Tower 11002 S Annapolis Lane JR $2,740,000 GMH Asphalt has completed the project with the exception of some minor punchlist items. Reconstruction 11006 S Suncourt JP $400,000 This project is scheduled for final payment at the December 13 Council meeting. Reconstruction 11010 S Lancaster Lane DC $2,275,000 Construction started the week of July 11. Restoration of the boulevard areas completed. Resurfacing of the roadway completed Reconstruction on Oct. 26, 2011. Pavement markings completed on Nov. 1, 2011. Punch list items remaining. 11013 SS 2011 Sanitary JR $500,000 Insituform Tech. has completed the lining of the pipes. Final Payment to be considered by the City Council on Dec 13, 2011. Sewer Lining 11019 WR Erosion Repair - DA $275,000 The City Council awarded this project to New Look Contracting, Inc. on October 25, 2011. Construction began on this project Conor Meadows on December 1, 2011 and is scheduled to continue through February 28, 2012. 11020 WR Turtle Lake DA $35,000 A feasibility study is being prepared to review the possibility of altering water levels and completing a separate drainage project Outlet for flood protection. 11021 WR Nathan Lane & DA $175,000 This project would relieve flooding concerns near the intersection of 45th Avenue and Nathan Lane. Existing conditions 45th Ave information is anticipated to be acquired this fall with design work over the winter of 2011-2012. Construction would be during the Drainage Impr winter of 2012-2013. 11023 WR Nature Canyon DA $100,000 This project would relieve erosion within a drainage gully south of Nature Canyon Park and east of Fernbrook Lane. A request Erosion Repair for proposals for the design of this project is due in early December 2011. Construction would be during the winter of 2012- 2013. 11031 S Replace JR $80,000 Bituminous Roadways has completed the project. Concrete Intersection- The Reserve 11037 SS Conor Meadows JR $200,000 Project will abandon existing lift station and is dependent on sanitary sewer installation in Elm Creek Highlands 3rd Addition and Lift Station in Elm Creek Highlands East developments. Sanitary sewer construction has been completed in the Elm Creek Highlands 3rd Addition and Elm Creek Highlands East developments. Plans will be completed this winter with construction to follow in 2012. 12001 S Circle Park JP $2,440,000 Includes the total reconstruction of the streets in the Circle Park Neighborhood. A neighborhood meeting with residents Reconstruction will be held in January. If approved by the City Council, this project would be constructed in the summer of 2012. Project 12002 S 2012 Edge Mill JR $2,330,000 Includes edge milling and overlay of entire neighborhoods throughout the city. One neighbhood selected is the and Overlay Kingsview Heights/Quail Ridge/Tyrell/Fernbrook Woods neighborhood. Others may be selected depending on bids and Project condition of the roads after the winter. Design would begin in early 2012. Page 2 P:\Organization\Council\Council Information Memorandums\201 1 \1 20911 \Active Pe drop — 0811 Revised: December 8, 2011 City of Plymouth Engineering Department Active and Pending Capital Improvement Projects Proj. or Proj. Project Proj. Estimated CIP No. Type Description Manager Consult Total Cost Current Notes 12003 S Sunset Trail & JR $90,000 This includes replacing an existing timber wall on Sunset Trail, just west of Zachary Lane. Survey has been completed Zachary Lane and design will begin in early 2012. Retaining Wall Replacement 12004 S Revere/6th/Fro DC $620,000 ntage Rd Mill and Overlay Project 12006 S Plymouth Blvd JP $1,020,000 This project includes a proposed edge mill and overlay, as well as replacement of any damaged concrete curb and Mill and gutter. Staff will also be investigating the need for and feasibility of the installation of a traffic signal at the intersection Overlay Project of Plymouth Blvd and Rockford Road. Page 3 PAOrganization\Council\Council Information Memorandums\201 1\12091 1\Active Pend ag�CIP— 0811 Revised: December 8, 2011 City of Plymouth Engineering Department Active and Pendinq Capital Improvement Projects Proj. or Proj. Project Proj. Estimated CIP No. Type Description Manager Consult Total Cost Current Notes BM Pending Public Im rovement Projects 5122 S CR 24, Olive Ln. DC/BM Henn. $2,500,000 Preliminary layout approved by City Council 6/14/05. Hennepin County has moved the project to 2015. SN Scott Newberger to 32nd Ave. Co. Unassigned 9-W-1 W Watermain - $370,000 Dependent on development. The final plat for Trillium Woods was approved by Council on July 26, 2011. Utility construction is Cheshire Ln. - expected to occur in 2012. Glacier Vista to CR 47 8-W-3 W Trunk Water $710,000 Dependent on development. Trunk water main installation has been completed in the Steeple Hill and Spring Meadows 2nd Main Oversizing Addition developments. 8 -SS -2 SS Trunk Sanitary $300,000 Dependent on development. Trunk sewer installation is complete in the Arbor Grove development. Trunk sewer installation is Sewer complete in the Spring Meadows 2nd Addition development. Oversizing 6 -WR -2 WR Water Quality $90,000 Sediment removal of ponds in Forsters Preserve, Orchards of Plymouth, Quail Hollow, and Plymouth Creek Water Quality Ponds Pond Maint is anticipated for the winter of 2011-12. BB Bud Broekema BM Bob Moberg DA Derek Asche DC Dan Campbell JP Joe Paumen JR Jim Renneberg SN Scott Newberger Unassigned Page 4 SS Sanitary Sewer P Parks W Water WR Water Resources S Street P:\Organization\Council\Council Information Memorandums\201 1 \1 20911 \Active Pe?iag�P3120811 Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155-4194 1 651-296-6300 1 800-657-3864 1 651-282-5332 TTY www.pcastate.rnn.us November 30, 2011 Mr. Steve Belting Park Nicollet . 6500 Excelsior Blvd. St. Louis Park, MN 55426 RE: Storage Tank Release Investigation and Corrective Action Site: Etzel Property, 4125 Co. Rd. 101, Plymouth, Hennepin County 55446 Site ID#: LEAK 18634 Dear Mr. Belting: Notice of Release The Minnesota Pollution Control Agency.(MPCA) has been informed that a release has occurred or contamination has been encountered from storage tanks and/or storage tank facilities that you own and/or operate. The MPCA appreciates your timely notification so -this site can be handled in an efficient manner. Legal Obligations State laws require that persons legally responsible for storage tank releases notify the MPCA of the release and/or discovery of contamination, investigate, and if necessary, clean up the release(s) and/or contamination. A person is considered legally responsible for a petroleum tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § 115C.021 (2010). For releases of other substances, a person is considered legally. responsible if the substance discharged was under the control of the. person at the time of the discharge or release. If you believe that you are not legally responsible for this storage tank release, please contact the project manager listed below. If development of this property or the surrounding area is planned, State laws require that persons properly manage contaminated soil and/or water uncovered or disturbed even if they are not legally responsible for the storage tank release(s). Developers and other interested parties must also incorporate appropriate response actions to -prevent the further spreading of contamination. To receive MPCA review and approval of proposed response actions, please contact the Petroleum Brownfields Program (PBP) at 651-296-6300 or at 1-800-657-3864, or visit their website at http://www.pca.state.mn.usftyp80a. If petroleum contamination is encountered during development work, the Minnesota State Duty Officer should be notified immediately. Request to Take Corrective Action The MPCA requests that you take steps to investigate, and if necessary, clean up the release(s)/contamination in accordance with MPCA guidance documents. The site investigation must fully define the extent and magnitude of the soil and/or groundwater contamination caused by the release(s)/contamination. Unless your site is considered "high priority" (see below), you must submit a report to the MPCA which details the results of the investigation or concludes that excavation was sufficient to clean up the release, within 10 months of the date of this letter. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Guidance documents and related information are located at the following website at http://www.pca.state.mn.us/isri80e. For sites contaminated by pollutants other than petroleum, contact the MPCA project manager listed below to discuss the investigation and reporting timeline that will be required for your site. The MPCA considers certain site conditions as high priority, including sites with "free product" (free-floating petroleum) that have affected or that threaten to affect drinking water supplies, sites where pollutants are being released to surface waters such as lakes or wetlands,'and sites.where petroleum or other vapors have been detected within structures or that pose fire or explosion hazards. If one or more of these situations apply to your site, you must submit an Investigation Report Form (refer to guidance documents) to the MPCA within 90 days. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. In addition, if you know or discover that there .is free product in a well, excavation, or borehole, you must notify the MPCA immediately of such a release and as rapidly and thoroughly as possible begin interim free product recovery (refer to guidance documents). If you have any question as to whether your site is high priority, please contact the MPCA project manager listed below. Equal Opportunity Employer Page 3 5 Mr. Steve Belting Page 2 Please review your insurance plan and contact your insurance carrier immediately after receiving this letter. Your insurance may cover this release. However, your insurance coverage may be affected by how quickly you notify your carrier. Reimbursement for Petroleum Site Investigations In 1987, the legislature established the Petroleum Tank Release Compensation Fund (Petrofund) to reimburse some responsible persons and volunteers (i.e., property owners not responsible for releases) who take corrective action for a portion of their costs. The Petrofund is administered by the Petroleum Tank Release Compensation Board (Petro Board), which is part of the Minnesota Department of Commerce. To learn more about the Petrofund reimbursement program contact Petrofund staff at 651-215-1775 or 1-800-638-0418 (in greater Minnesota only), or review the information available at the following website at http://mn.gov/commerce/topics/Petrofund/. Please be aware that Petrofund reimbursement determinations are made by Petrofund staff at the Department of Commerce. The determinations are based on whether or not the work performed at a leak site was necessary for investigation and corrective action, which is determined by MPCA staff, and whether or not the costs for that work were reasonable, which is determined by Petrofund staff. If you have not already done so, the MPCA recommends that you hire a qualified environmental consulting firm to help you investigate and clean up the contamination on your site. A qualified consulting firm should have experience in performing investigations of contaminated sites and in developing and implementing corrective actions. For petroleum investigations, the consultant must be registered with the Petro Board if you wish to have your costs considered for reimbursement. A list of registered contractors is available from the Petrofund staff. Please note that, under the Petro Board's rules, (see Minn. R. ch. 2890), you must solicit a minimum of two written competitive consultant proposals on a form prescribed by the Petro Board to incur costs eligible for reimbursement, and a minimum of two written competitive contractor bids must also be obtained for each contractor service. Again, the MPCA strongly encourages you to contact Petrofund staff for answers to all of your questions about bidding and the other Petrofund reimbursement program requirements. Required Response Please provide notification to the MPCA by submitting the enclosed Leaksite Ownership Form to the MPCA project manager listed below. The Leaksite Ownership Form must be completed and submitted within 30 days of your receipt of this letter to indicate whether you intend to proceed with the requested investigation and/or corrective action. If you do not respond within this time frame, the MPCA will assume that you do not intend to comply. In this case, the MPCA Commissioner may issue an enforceable order that will require you, as responsible party, 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. ch. 2890. If you do not cooperate, the MPCA has the option of taking the corrective actions on your behalf and recovering its costs from you. If you have any questions concerning this letter or need additional information, please contact me at 651-757-2331 or e-mail andrew.eddy@state.mn.us. Please reference the above LEAK # in all correspondence. If you are calling long distance, you may reach the MPCA by calling 1-800-657-3864.. Sincerely, Andrew ddy Project Manager Petroleum Remediation Section Remediation Division ' AJE:Is Enclosures cc: Sandy Engdahl, Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Dave Jaeger, Hennepin County Solid Waste Officer Thomas Maiello, ProSource Technologies, Coon Rapids Page 36 PZMENTDF P y�G N N �� IIIIIIII 9B4N DFVO-62 Ms. Laurie Ahrens, City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Dear Ms. Ahrens: U.S. Department of Housing and Urban Development Minneapolis Field Office 920 Second Avenue South, Suite 1300 Minneapolis, Minnesota 55402-4012 DEC 0 1 2011 SUBJECT: Consolidated Plan End-of'Fear Review — Program Ycar 2010 DEC 2 Zon HUD is required to conduct an annual review of performance by grant recipients. Additionally, the Secretary must determine that the grant recipient is in compliance with the statutes and has the continuing capacity to implement and administer the programs for which assistance is received. This is to report to you the results of our reviews. Report We congratulate you on your many accomplishments during this past year on the achievement of Department Objectives. • As of May 1, 2010, the City had an acceptable expenditure rate for the CDBG program with only 1.07 years worth of funds to be drawn. The upper limit is 1.5 years of funding unspent. • During the reporting period, 101.34% of the City's CDBG funds were spent to benefit low- and moderate -income persons. • The City continued to foster new and improved housing options for low- and moderate - income households with CDBG funds. Six owner -occupied rehabilitation projects were completed and five households were provided first-time homebuyer assistance. • Rehabilitation funds have been provided for the Hammer Residences, a group home for persons with disabilities. • The City provided assistance to over 694 low- and moderate -income persons through public service programs. These services were targeted to the elderly, at -risk youth, homelessness prevention, homeownership counseling, landlord/tenant counseling and transportation services. www.hud.gov espanol.hud.gov Page 37 0J Plymouth Program Year 2010 Expenditures Public Services $405,18.41 13% Public Facilities $30,000.00 9.6% Housing $205,204.73 65.8% Planning and Administration $36,312.87 11.6% Total $312,036.01 Background Information HUD's Office of Community Planning and Development has sought to establish partnerships with State and local governments. The focus of our partnership has been to work with communities to ensure that our joint efforts result in housing and community development programs and policies that benefit and serve low- and moderate -income persons. These efforts occur within the framework of the statutes we administer and the regulations and policies that are designed to improve program performance. The provisions of the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require the annual submission of performance reports by grant recipients receiving federal assistance through programs covered under these Acts. Additionally, these Acts require that a determination be made by the Secretary, that the grant recipient is in compliance with the statutes and has the continuing capacity to implement and administer the programs for which assistance is received. With the implementation of the Consolidated Planning Regulations of January 5, 1995, the Department began making comprehensive performance reviews of the grantees' overall progress at least annually, as required by the statues and section 91.525 of the regulations. The review consists of analyzing the consolidated planning process, reviewing management of funds, determining the progress made in carrying out policies and programs, determining the compliance of funded activities with statutory and regulatory requirements, determining the accuracy of required performance reports, as well as evaluating accomplishments in meeting key Departmental objectives. This assessment not only meets the mandates of the statutes, but it also provides a basis for working together collaboratively to help grantees achieve housing and community development goals. One critical outcome of this collaboration should be the development of a more comprehensive, effective, and concise Consolidated Plan and improved performance in achieving specific goals that correspond to the activities outlined in your forthcoming Action Plan. Public Access This Report must be made readily available to the public within 30 days of receipt of your comments. There are several ways the report can be made available to the public. You can www.hud.gov espanol.hud.gov Page 38 3 assist us in this regard by sharing HUD's report with the media, with members of your advisory committee, or with those who attended hearings or meetings, placing it on your website or distributing it through a LISTSERV. HUD will make this information available to the public upon request and may provide copies of future reports to interested citizens and groups. Conclusion As a result of our analysis, we have determined that your overall progress is satisfactory and that the City has the continuing capacity to implement these programs. If there are any questions please do not hesitate to contact Christine DeLarbre, CPD Representative, at (612) 370-3019, extension 2157, or at christine.m.delarbre@hud.gov. Sincerely, Michele K. Smith, Director Office of Community Planning and Development www.hud.gov espanol.hud.gov Page 39 is CenterPoint. Energy Mr. Doran Cote Plymouth - Public Works Director 3400 Plymouth Boulevard Plymouth, MN 55447-1448 Dear Mr. Cote: 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 December 5, 2011 On behalf of CenterPoint Energy, l would like to wish you a happy holiday season. l also want to thank you for the long-standing partnership we enjoy with you at Engineering and your Public Works Department. This past year brought many new challenges, opportunities and rewards to CenterPoint Energy. The 2011 construction season is about complete. It has been an extremely busy year for CenterPoint Energy, although there is claim of fewer projects due to the downturn of the economy. With our heavy workload, your individual cooperation and staff involvement on our projects is much appreciated and is essential to creating a successful project. It is important to all of us that we continue the teamwork and improvements in planning and coordination efforts made in the past years. As a reminder, to ensure we meet state requirements in maintaining our test points to monitor the integrity of our facility, we would appreciate if you continue to send notification and a plan set of your mill and overlay projects and any other project that may impact our facility. Significant challenges arose in 2011 that we will face together in the coming years. Following the incidents in San Bruno, California, and on 60th Street in Minneapolis, we are aggressively evaluating our transmission system, which may result in major repairs and/or replacements coming in the near future. With the ongoing new construction and prognosis for continued future growth, we have reinforced our pipeline facilities to assist in maintaining system pressure reliability within the cities of Waseca, Maple Grove and Meriden Township. Within challenging environmental constraints, stringent budgetary and time schedules, we have relocated our facilities on I -35W in Burnsville and at the 1-494 and Highway 169 intersection. These new and upgraded state highway projects will affect cities and counties as well as utilities. In addition, living up to the expectations of the residents and businesses will be an ongoing endeavor for all of us. It is our goal in 2012 to meet these expectations. We are looking forward to a fruitfiil year. CenterPoint Energy wants to extend its sincere appreciation for the long-standing working relationship we enjoy with you and your community and to share our 2012 energy conservation and safety tips calendar. Please feel free to share whatever information you think residents and business owners in your community might find helpful. Happy Holidays! Sincerely, Andrew Balgobin Administration Engineer 612-321-5426 Andrew.Ba]gobin@CenterPointEnergy.com Enclosure Page 40 December 9, 2011 Ms, Renae Clark, Project Manager Minnehaha Creek Watershed District 18202 Minnetonka Blvd. Deephaven, MN 55391 SUBJECT: COMMENTS ON "90% PLAN SET" CHELSEA WOODS/MEWS CREEK RESTORATION PROJECT Dear Ms. Clark: Please accept the following comments on the "90% Plan Set" for the Chelsea Woods/Mews Creek Restoration Project: 1. 90% Plan Set provided to the City of Plymouth on November 15, 2011. 2. A No -Loss Application per the State of Minnesota Wetland Conservation Act was noticed on November 15, 2011. A decision on the No Loss Application is scheduled for December 22, 2011. 3. A Grading Permit Application was submitted on December 1, 2011. 4. A Right -of -Way Permit Application was submitted on December 1, 2011. 5. Show complete street names on Sheet C-101 through Sheet C-103. 6. On Sheet C-101 show easements acquired for this project. Easements are required for long term maintenance. 7. On Sheet C-102 call out granite rip -rap per the City detail at the outfall and outlet. 8. On Sheet C-102 call out the access or accesses for maintenance vehicles and equipment. 9. On Sheet C-102 call out silt fence and construction limits. 10. On Sheet C-102 delete note referencing replacement of existing 18" RCP. 11. On Sheet C-103 at approximately STA 0 + 40 a tree is indicated with the construction limits, but is not indicated for removal. If tree is to be saved, it may need protection. 12. On Sheet D-101, Detail 7 indicates Shrub Plugs 3' O.C. The Engineer's Estimate indicates bare root plugs 4" O.C. The plans do not indicate installation of bare root plugs. Clarify. 13. The Engineer's Estimate indicates 36 12" container trees. The plans do not indicate installation of 12" container trees. Clarify. 14. Side slopes of 1 to 1 or 1 to 1.5 are steep and not walkable. You indicated it is the residents desire to access the creek, shallower slopes should be considered for safety. 15. A planting plan should be provided to the City for longterm maintenance. look forward to your responses. Sincerely, Derek Asche Water Resources Manager Page 41