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Home My WebLink AboutCouncil Information Memorandum 05-12-1994MAY 12, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR MAY: MAY 16 5:30 P.M. 7:00 P.M. ----------------------------------- MAY 23 7:00 P.M. SPECIAL COUNCIL MEETING - Closed Session Council Conference Room COUNCIL MEETING Council Chambers ---------------------------------- COUNCIL STUDY SESSION PROPOSED TOPICS: West Medicine Lake Park City Center Expansion Project (if needed) Public Safety Conference Room 3. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT -- WEDNESDAY, MAY 18, 7:00 P.M., Council Chambers. 4 TWINWEST 'STATE OF THE CITY' COFFEE BREAK -- TUESDAY, MAY 17, 7:30 A.M., Council Chambers. (M-4) 5. SENSIBLE LAND USE COALITION- WETLANDS SEMINAR -- The Sensible Land Use Coalition and the Urban Wetland Management Coalition will host a one day session on Wednesday, May 25 at the Sheraton Minneapolis Metrodome from 11:30 a.m. to 2:00 p.m.. A copy of the meeting notice is attached. Please contact Laurie if you wish to be registered. (M-5) 6. SENIORS' ICE CREAM SOCIAL -- In conjunction with Older Americans Month, the Plymouth Seniors will be holding an /ce cream social event at the West Mediciz Lake CITY COUNCIL INFORMATION MEMO May 12, 1994 Page 2 Community Club on Monday, May 16 beginning at 12:00 noon. Councilmembers are invited to attend. 7. MEETING CALENDARS - City Council and City Center calendars are attached. (M-7) 1. PROJECT STATUS REPORTS - The Project Status Report from the Engineering Division is attached. The report contains an update on consultants performing engineering services and the monthly Erosion Control Report for all active developments in the City. (I-1) 2. MINUTES & AGENDAS: a. Charter Commission, April 25, 1994. Also attached is a letter to Charter Commissioners conveying an opinion and draft ordinance from the City Attorney on application of Statutory Law to Charter cities. (I -2a) b Human Rights Commission, May 5, 1994. (I -2b) c. School District 281, Board of Education, April 18, 1994. (I -2c) d. School District 284, Board Agendas, May 9, 13, 14, 15 and 23, 1994. (I -2d) 3. ATTORNEY SERVICES VIDEOTAPE -- We have available for Council review two videotape copies from the City of Brooklyn Park's roundtable discussion of "In -House or Contract Attorney. " Please contact me or Kathy if you are interested in viewing the tapes. (I-3) 4. NEWSLETTERS, PUBLICATIONS, ETC.: a. Attached is a newspaper article on the City of Deephaven's inspection program of sump pumps. (I-4) b. City Briefs, May 12, 1994. (I -4b) c. Attached with your information memo, is a publication from the Minnesota Audubon Council and National Audubon Society on Minnesota Wetlands. Rita O'Donnell obtained the copies for City Councilmembers. 5. MEMOS & CORRESPONDENCE: a. Memo from Joe Ryan, Building Official, regarding the Trenton Ponds development petition. (I -5a) b. Letter to Glenn Lund, 4130 Terraceview Lane, from Joe Ryan, giving an administrative ruling on the location of setback measurement relative to the proposed construction of two single family dwellings located in Plymouth Creek 4th Addition. (I -5b) CITY COUNCIL INFORMATION MEMO May 12, 1994 Page 3 c. Letter from Bob Renner, Jr., Municipal Legislative Commission, on the final 1994 Conference Committee Tax Bill. (I -5c) d. Letter from Kenneth BeBault, 10615 30th Avenue North, to Mayor and City Council, regarding proposed by-pass along 26th Avenue, East Medicine Lake Boulevard and Zachary Lane. (I -5d) e. Letter from Jeffrey Pauley expressing opposition to the expansion of Zachary Lane. (I -5e) f. Letter from Michael Paquette, 17405 23rd Avenue North, to City Council, regarding proposed development along Kraetz Lake. (I -5f) g. Letter from Jean Thompson, 11610 37th Place No., to Eric Blank, conveying concerns about the future use of the Plymouth outdoor amphitheater across from Town Square. (I -5g) h. Letter responding to Cathy Schmidtke, 11215 46th Place No., from Mayor Tierney, regarding use of chemicals on lawns. (I -5h) i. Letter from Meghan Lawless, 5th grader at Oakwood Elementary, expressing concerns about development. A response from Mayor Tierney is also attached. (I - 5i) j. Letter from Representative Todd Van Dellen to Laurie Rauenhorst, on term limit legislation. (I -5j) k. Letter of appreciation to Eric Blank and the City, from Bruce Larson, Association of Medicine Lake Area, for assisting with the Medicine Lake annual Spring cleanup. (I - 5k) 1. Letter to George Wilson, 430 Zinnia Lane, from Nancy Bye, Assessor, in response to letter to Mayor Tierney on property valuation. (I-51) m. Letter from Danniel & Lynn Schroeder, 10925 38th Avenue North, regarding the proposed Zachary Lane improvements. (I -5m) Kathy Lueckert Acting City Manager M-1 NOTICE OF CITY COUNCIL CLOSED SPECIAL MEETING Pursuant to the terms of Minnesota Statutes 471.705, Subd. id (d), a closed special meeting of the Plymouth City Council is scheduled for 5:30 p.m. on Monday, May 16, 1994. The meeting will be held at the Plymouth City Center, 3400 Plymouth Blvd. This meeting has been called for the purpose of evaluating the performance of the City Manager. The meeting is not open to the public; however, the meeting must be opened at the request of the individual who is the subject of the meeting. Laurie Rauenhorst City Clerk City of Plymouth Notified: Councilmembers Plymouth Sailor Weekly News Posted at City Center on 5-11-94. TWINWEST CHAMBER OF COMMERCE YEARS OF EXCELLENCE 1984 - 1994 State of the City Community Coffee Breaks During May, TwinWest brings its Coffee Breaks to city hall for a "State of the City" presentation by city staff and elected officials in each community. It is your opportunity to learn about local happenings including new and proposed developments, public improvement projects, proposed ordinances and other matters that affect businesses in your community. The Coffee Breaks are held from 7:30 - 9:00 a.m. and coffee and rolls are provided. The State of the City Coffees are always TwinWest's most highly attended and informative coffee breaks of the year. Please join us! � -F 4-1 CITYAL 1ARVIL O S City of Golden Valley Get Y O,� w Ho FAq Wednesday, May 4 Crystal City Hall / Co-sponsored by Timesavers, Inc. 4141 Douglas Drive Friday, May 6 St. Louis Park City Hall 5005 Minnetonka Boulevard Timesavers ry Tuesday, May 10 Golden Valley City Hall / Co-sponsored by Central Bank 7800 Golden Valley Road Tuesday, May 17 Plymouth City Hall 3400 Plymouth Boulevard Wednesday, May 18 Minnetonka City Hall 14600 Minnetonka Boulevard r Loeuirai Bank Tuesday, May 24 New Hope City Hall / Co-sponsored by Ray Smith Insurance 4401 Xylon Avenue North Wednesday, May 25 Wayzata City Hall 600 Rice Street Thursday, May 26 Hopkins City Hall 1010 South First Street Coffee Breaks are free and no reservation is required Ask a business associate to join you! RAY SMITH INSURANCE JOINTLY SPONSORED BY THE SENSIBLE LAND USE COALITIONAND THE URBAN WETLAND MANAGEMENT COALITION WETLAND WORMULff LAND MOUWG THROUGHTHE DEUf10PMEM ILM PROCESS WITH DRY FEET CLIFF AICHINGER Ramsey -Metro Watershed District Wetland management planning issues involved in the municipal planning process LINDA FISHER Larkin, Hoffman, Daly & Lindgren Segztencing flexibility f.,nctions and values and recent changes in wetland regulations TIM KELLY Coon Creek Watershed District Overcoming difficulties in controversial areas with respect to wetland delineations Get the latest facts on the 'irz's and out's "of the regulatory maze involving wetland issues. The panel will present technical information important to every citizen group or agency going through the approval loop and share some of the most recent regula- tory changes that are anticipated to make the maze easier to negotiate in the future. Date. Wednesday, May 25, 1994 Time. 11:30 a.m. to 2:00 p.m. (luncheon served 11:45 a.m.) Location: Sheraton Minneapolis Metrodome 1330 Industrial Blvd., Minneapolis (331-1900) Cost. $25.00/Members and $35.00/Nonmembers (MEMBERS! Bring a guest and they Bay the member rate!) SIGN UPAT MEETING FOR PENDING REAL ESTATE CONTINUING ED UCATION CREDIT. Reservations made and not honored will be billed unless cancellations are received 36 hours in advance. Reservation for.- WETLAND WORKOUT • May 25 ❑ Vegetarian Meal Preferred Name: Company/Agency: Nonrefundable reservations due by noon: Monday. May 23 Mail to: Sensible Land Use Coalition PO Box 284, Excelsior, MN 55331-9998 For more information calk (612) 474-3302 Phone. Member/$25.00 ❑ Guest/$25.00 ❑ Nonmember/$35.00 I TOTALENCLOSED SENSIBLE LAND USE COALITION The Sensible Land Use Coalition is a community of land use planning, development and regilatoiy pmfessiona7s from the public and private sectors. Its mission is to promote communication, enhance education and provide informa- tion that will encourage the development of public polity and foster a balanced approach toward issues affecting land use, development and the environment in Minnesota, with special focus on the Twin Cities metro area. PO Boz 284 Excelsior, MN 55331-9998 474-3302 / Fax: 470-6640 SENSIBLE LAND USE COALITION o PO Box 284 Excelsior, MN 55331-9998 WETLAND WORKOUT Moving Through The Development Process With Dry Feet MAY25, 1994 Luncheon Seminar Sheraton Minneapolis Metrodo»u ' rr, URBAN WETLAND MANAGEMENT COALITION The Urban Wetland Management Coalition was created by both. public and private interests to promote and advocate a balance between urban growth and development and wet- land protection. The Coalition serves as a technical and legislative resource and is recognized by governmental agen- cies and the media as the only active publiclprivate group whose primary focus is urban wetland management and its relationship to growth and development. f..,A MP�f JI CQ�,h`ai,�tv111' Gc+��G' y a�ner^s,y rcryrfrloap.,�drb i �.jlSpr rr.j ta� pen r. ,r�rr wurr w.ur.iab. Hf;ria Huritoir-t iv, t,'1 017 F'luriwith x=:00 Plsjimc+uth BoAevard u;, ,-,a:it�, 'gn1--.•rth P1 �L1447 2469 University Avenue St. Paul, MN 55114 646-7959 / Fax: 646-2860 O !> r t: L rR ,CITY CENTER MEETINGS i May 1994 Sunday 1 Monday 2 _ -Tuesday 3 Wednesday 4 Thursday S Friday 6 Saturday 7 7:00 PM COUNCIL MEETING 7:00 PDI 3VATER QUALITY CODIlIIITTEE 7:30 PM HUMAN RIGHTS COMMISSION 8 9 10 11 12 13 14 7:00 PM COUNCIL STUDY SESSION -,Public Cool Rm 7:00 PAI BOARD OF ZONING 4:00 PDI FINANCIAL ADNI- SORYCONWITTEE 5:00 PAI OPEN SPACE COAIAIITTEE 7:00 PM Cou ncil Subcom- mittee on State Auditor's Report - Pub. Safety Library 7:00 PAI PLANNING COMMISSION 15 16 5:30 PM SPECIAL COUN- CIL MEETING -', CLOSED SESSION 17 18 7:00 PAI PACT 19 20 21 7:00 PM COUNCIL MEETING 22 23 24 25 7:00 PAI PLANNING COMMISSION 26 5:00 PM OPEN SPACE COMMITTEE 27 28 7:00 PM COUNCIL STUDY SESSION. Safety Conf Rm 7:00 PAI HRA 29 30 Aiemorial Day (Observed) City Offices Closed 31 April June S AI T W T F S S M T W T F S 1- 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 l7 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 *REVISED MEETING ** NEW MEETING 5/11/94 City Council Weekly Planner May 15 -June 25, 1994 Sunday...y Tuesday Wednesday.. ..Saturday May 15 May 16 12:00 PM Seniors Ice May 17 7:30 AM TwinWest May 18 7:00 PM PACT May 19 May 20 May 21 Cream Social - West Med. Comm. "State of the City" Club 5:30 PM SPECIAL COUNCIL MEET- ING - CLOSED SESSION "»' = 7:00 Ph1 COUNCIL MEETING May 22 May 23 7:00 PM COUNCIL STUDY SESSION`- Pub Safety Conf Rm ' May 24 May 25 11:30 AM Wetlands Seminar- Sensible Land Use Coalition, Sheraton Metrodome May 26 9:00 AM LMC Legis - lative Review $eSSIOn - Holiday y Inn, Burnsville 5:00 PM OPEN May 27 May 28 7:00 PM PLANNING COMNnsSION SPACE COMMITTEE CITY PARK TOUR - Bus Leaves 4:30 pm 7:00 PM HRA May 29 May 30 May 31 June I June 2 June 3 June 4 Memorial Day (Observed) City Offices Closed 7:30 PM HUMAN RIGHTS COMMISSION June 5 June 6 June 7 June 8 June 9 June 10 June 11 7:00 PM COUN-7:00 CIL ii,IEETING PM WATER QUALITY COAiMITTEE 4:00 PM FINANCIAL ADVISORY COr.BIITTEE 5:30 PM OPEN SPACE CObINUTTEE 7:00 PM PLANNING COMMISSION 7:00 PM PRAC June 12 June 13 June 14 June 15 June 16 June 17 June 18 7:00 PM COUNCIL STUDY SESSION- Public Safety Conf. Ran 7:00 PM BOARD I OF ZONING 7:00 PM PACT 7:00 PM HRA June 19 June 20 June 21 June 22 June 23 June 24 June 25 Summer begins 7:00 PAI COUNCIL '"" AflETTNG ' ': 7:00 PM PLANNING COMAIISSION *Revised Meeting **New Meeting 5/12/94 DATE: May 10, 1994 for the City Council Meeting of May 16, 1994 TO: Dwight Johnson, City Manager through Fred G. Moore, P.E. Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: PROJECT STATUS REPORT BACKGROUND: Enclosed are the status reports provided by various consultants performing engineering services in the City. Also attached is the monthly Erosion Control Report for all active developments in Plymouth. Following is a summary of the project status reports received from the four consultants who have active projects with the City of Plymouth. 1. STRGAR-ROSCOE-FAUSCH, INC.: City Project No. 106 - Northwest Boulevard (54th Avenue to 56th Avenue is complete except for the final punch list items. (See Map - B) City Project No. 011 - Northwest Boulevard (45th Avenue to Schmidt Lake Road) and Schmidt Lake Road (Northwest Boulevard to Pineview Lane) was opened to traffic on September 1, 1993. Following the completion of punch list items, the project will be finalized this spring with the placement of the bituminous wear course. (See Map - C) City Project No. 205 - Northwest Boulevard (Schmidt Lake Road to 54th Avenue) is proceeding with the installation of guard rail fences and the bridge deck wear course which will be completed this spring. Earth moving and utility construction operations are nearly complete. Construction of the street will take place this spring. It is anticipated that a left turn lane will be added north of Schmidt Lake Road to accommodate the property on the west side if the necessary agreement is completed in a timely manner. It is anticipated that the project will be completed and open to traffic by July 1, 1994. (See Map - D) SUBJECT: Project Status Report May 10, 1994 Page No. 2 City Project No. 031 - County Road 24 and Medina Road is substantially completed through the Phase I portion. Turf establishment items and the final wear course will be completed this spring. A decision has been reached on the issue of liquidated damages and this has been relayed to the contractor. The final plan for Phase If, which includes the relocation of County Road 24 up to its new intersection with Highway 55, has been resubmitted to MnDOT and Hennepin County for final approval. It is anticipated that this project will be bid some time in June. (See Map - E) City Project No. 213 - Schmidt Lake Road (Northwest Boulevard to Fernbrook Lane) is proceeding and the contractor is working on the utilities and has essentially completed grading east of I-494. Grading and sanitary sewer construction west of I-494 will begin in the next week. A large amount of the excess material from the west side I-494 will be used by the City's contractor under a separate agreement with Hoyt Properties to grade the site along the north side of Schmidt Lake Road west of I-494. (See Map - F) City Project No. 037 - Fernbrook Lane (27th Avenue to 34th Avenue) has had the draft Preliminary Engineering report completed and submitted for staff review and comment. In addition, draft Signal Justification reports for proposed signals at Harbor Lane and 27th Avenue have also been submitted. (See Map - G1) City Project No. 309 - 36th Avenue/Lancaster Lane Traffic Signal has had the draft Signal Justification Report completed and submitted to staff for review. (See Map - G2) City Project No. 310 - New County Road 9 (Trunk Highway 55 to Vicksburg Lane is receiving its final plan revisions as comments have been recently received from MnDOT and Hennepin County. City staff is finalizing right-of- way acquisition for this project and it is anticipated that it will be bid some time in June. (See Map - G3) City Project No. 316 - Schmidt Lake Road EAW/Alignment Study (Vicksburg Lane to Peony Lane) has been discussed with City staff and changes made to the proposed concept layout and resubmitted to City staff along with a cost estimate for review. (See Map G4) SUBJECT: Project Status Report May 10, 1994 Page No. 3 City Project No. 406 - Trunk Highway 55 North Frontage Road and South Shore Drive is currently being designed in anticipation of Site Plan approval for a new Holiday Stores Station at the site of the existing Holiday Station. Right- of-way and property legal descriptions have been provided to staff and negotiations have been completed. A bid opening is anticipated some time this summer. (See Map - G5) City Project No. 309 - New County Road 9/Relocated County Road 24/Trunk Highway 55 Signal has had final plans prepared and submitted to MnDOT and Hennepin County for review. MnDOT has indicated they will initiate the agreement process since award of the contract must occur by June 30, 1994 to use the funds MnDOT has set aside for this traffic signal. (See Map -G3) City Project No. 214 - Xenium Lane Traffic Study is being prepared and a draft report will be submitted for staff review within one week. See Map N 2. BONESTROO, ROSENE ANDERLIK AND ASSOCIATES, INC.: City Project No. 906 - Medina Road Trunk Watermain Improvements (between Vicksburg Lane and Dunkirk Lanel is currently on hold pending a determination on the location of Medina Road in this area. The plans and specifications are approximately 80% complete. (See Map - L) City Project No. 907 - Vicksburg Lane Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements is proceeding with the Phase I portion which includes the construction of Fernbrook Lane from Schmidt Lake Road to 45th Avenue. All of the utility installation has been completed except for the drain tile. The roadway has been rough graded and the contractor intends to start the remaining grading and street work early this week. The Phase I portion of this project is scheduled for completion (except the wear course) July 1, 1994 with the wear course to be completed one year hence. Phase 11 of this project, which extends Schmidt Lake Road westerly from Fernbrook Lane to Vicksburg Lane has had a draft preliminary report prepared and submitted to staff for review. (See Map - M) City Project No. 909 - Well No 11 Pump House (South of County Road 9 and east of_Zachary Lane) is proceeding and all of the water main installation has been completed. The pump house building is up and siding and roof are SUBJECT: Project Status Report May 10, 1994 Page No. 4 completed and the pump has been installed. The contractor intends to do the sodding, HVAC, electrical, instrumentation, and pump start up next month. The scheduled completion is July 1, 1994. (See Map - M-1) City Project No. 214 - Xenium Lane Street and Utility Improvements (Xenium Lane to Northwest Boulevard south of County Road 9) has included staff efforts to obtain the necessary right-of-way for this project with limited success. Currently the City's traffic consultant, SRF is analyzing the need for this project to move ahead based on traffic needs. (See Map - N) City Project No. 308 - Dunkirk Lane Street and Utility Improvements (Old Rockford Road to New County Road 9) is proceeding and the watermain installation has been completed. All of the storm sewer and steel casing installations have been completed except in the area of the muck excavation. The contractor plans to start the remaining utility installation early this week and the project completion (except the bituminous wearing course) is scheduled for July 1, 1994 with the wear course to be added one year hence. (See Map - 02) City Project No. 311 - Fernbrook Lane Watermain Improvements (County Road 6 to Luce Line Trail), Lake Camelot (Count Road 47 to Maple Grove city limits). County Road 9 - Raw waterline (Well No 11 to Zachary Water Treatment Plant is proceeding and all of the water main installation has been completed except for the raw water main between Zachary Lane and the water treatment plant. This work is scheduled for the week of May 9 and the contractor plans to expose the water main to verify the extent of a problem with an existing 12 inch water main. The project is scheduled for completion (except restoration) by June 1, 1994 with the restoration to be completed by July 1, 1994. (See Map - 03) City Project No. 601 - 26th Avenue Street Improvements (Kilmer Lane to Medicine Ridge Road) is scheduled to be discussed as part of the Capital Improvements Update. (See Map - 04) City Project No. 212 - 3 Million Gallon Hollydale Water Tower (Schmidt Lake Road and Vicksbur Lane) had the Preliminary Report accepted at the September 20 City Council meeting and the Council directed staff to set up a public meeting on this project. (See Map - 05) SUBJECT: Project Status Report May 10, 1994 Page No. 5 3. RUST ENVIRONMENT AND INFRASTRUCTURE: City Project No. 010 - Medina Road Street and Utility Improvements (County Road 24 to Brockton Lanel has been completed except for the required four acres of Army Corps wetland mitigation. City staff is continuing to investigate potential sites for this mitigation work. (See Map - P) City Project No. 206 - Bridlewood Farm 2nd Addition Street and Utility Improvements (south of Medina Road between Yellowstone and Urbandale Lanes) is complete except for punch list items. A problem with the wearing course mixture has been identified and is being reviewed by the soils consultant. A report has been prepared and a meeting will be scheduled with City staff to discuss the results and determine an appropriate course of remedial action. (See Map - Q) City Project No. 304 - Bridlewood Farm 3rd Addition Street and Utility Improvements (south of Medina Road along Yellowstone Lane and 37th Avenue) is nearing completion except for the wear course which the developer has requested be delayed until September 1994 so that residential construction and landscaping can be completed without disrupting the finished street. Minor disruption of emergency storm water overflows has occurred with some lot construction. (See Map - Q1) 4. SHORT-ELLIOTT-HENDRICKSON, INC.: City Project No. 040 - NW -17 Trunk Sanitary Sewer (north of County Road 9 west of Xene Lane) has been completed and final payment has been made. The original portion of this project has not yet been resolved with Ryan Contracting. (See Map - U) City Project No. 301 - 1993 Street Reconstruction Program is proceeding with final sodding and clean up which is currently underway. (See Map - V) City Project No. 401 - 1994 Street Reconstruction Program has been divided between the City Engineering Design Team and SEH's Design Team. SEH is currently working on the plans for Vicksburg Lane from Schmidt Lake Road to County Road 47. A variance request has been approved by the City Council and will be submitted to MnDOT for consideration in June for a design speed variance. This would allow for pavement replacement without requisite regrading of several vertical curves. �� „ Map IV) SUBJECT: Project Status Report May 10, 1994 Page No. 6 5. THE APPROVED PAYMENTS LISTING is attached as Report No. 104 for your information. 6. THE MONTHLY EROSION CONTROL STATUS REPORT is attached for your information. k" -p , CPL. Daniel L. Faulkner, P.E. attachments: Status Reports Approved Payments Listing Map N wE CITP Y OF SCALE OF MILES �� PLYMOUTH- -.rwV.rz wu.r Il l ltllll llllllE$IIIIIIIII:IIIIIIIIIillllliffH 11111 1111M Ill B.IIIIIll! If111Q111111111111 Bonestroo Rosene Anderlik & Associates Engineers & Architects May 9, 1994 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Daniel L. Faulkner Re: Project Status Report File No. 70 Dear Dan: Otto G. Bonestroo, P.E. Howard A. Sanford, PE. Agnes M. Ring, A.I.C.P Miles B. Jensen, P.E. Robert W. Rosen, P.E.• Keith A. Gordon, P.E. Philip J. Pyne. P.E. L. Phillip Gravel, P.E. Joseph C. Anderlik. P.E. Robert R. Pfefferle, P.E. Thomas W Peterson, P.E. Karen L. Wiemeri, P.E. Marvin L. Sorvala, P.E. Richard W. Foster. P.E. Michael C. Lynch. P.E. Gary D. Kristofrtz, P.E. Richard E. Tumer. P.E. David O. Loskota, PE. James R. Maland. P.E. F Todd Foster, P.E. Glenn R. Cook, PE. Robert C. Russek, A.I.A. Jerry D. Pertzsch, P.E. Keith R. Yapp, P.E. Thomas E. Noyes, P.E. Jerry A. Bourdon, PE. Scott J. Arganek. P.E. Douglas J. Benoit, P.E. Robert G. Schunicht, P.E. Mark A. Hanson. P.E. Kenneth P Anderson, P.E. Shawn D. Gustafson, P.E. Susan M. Eberlin. C.P.A. Michael T. Rautmann. P.E. Mark R. Rolls, PE. Cecilio Olivier, P.E. *Senior Consultant Ted K. Field. P.E. Mark A. Seip- P.E. Paul G. Heuer. P.E. Thomas R. Anderson- A.I.A. Gary W. Morien, P.E. John P. Golder. PE. Donald C. Burgardt PE. Daniel J. Edgerton, P.E. Charles A. Erickson Thomas E. Angus. P.E. A. Rick Schmidt P.E. Leo M. Pawelsky Ismael Martinez. PE. Philip J. Caswell. P.E. Harlan M. Olson Michael P. Rau, P.E. Mark D. Wallis, P.E. James F. Engelhardt 00 RECEryEO N MAY 1 Q 1994 W y/ i, The following status report has been prepared for all current BRA/City of Plymouth projects. PRELIMINARY REPORTS Project 214 - Xenium Lane Street and Utility Improvements: The City Council has accepted the Preliminary Report for this project and directed the City Staff to proceed with right-of-way acquisition for the roadway. Project 601 - 26th Avenue Street Improvements: The City Council has discussed the project in a November 15, 1993 stady Session. C are awaiting notice on how to proceed with the project. Project 212 - 3 Million Gallon Hollydale Water Tower: The City Council accepted the Preliminary Report at its September 20, 1993 meeting and directed Staff to set up a public meeting on the project. The public meeting has not yet been scheduled. Project 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements, Phase 2: This project has been split into two phases. Phase 1 is under construction and includes the improvements on Fernbrook Lane from 45th Avenue to Schmidt Lake Road. A draft Pre';rainary Rep -r' for tl: entire project has been submitted to the City. Following City Staff review, we will finalize the Preliminary Report for Phase 2 of the project. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 ^ City of Plymouth May 9, 1994 Mr. Daniel L. Faulkner Page -2- PLANS AND SPECIFICATIONS Medina Road Trunk Water Main Improvements: The plans and specifications for this project are partially complete. The project is currently on hold, pending receipt of all the necessary easements and rights-of-way. ACTIVE CONSTRUCTION PROTECTS Project 308 - Dunkirk Lane Street and Utility Improvements - S.M. Hentges: The water main installation has been completed from Old Rockford Road to Dunkirk Court. All of the storm sewer and steel casing installation has been completed except in the area of the muck excavation. The contractor plans to start the remaining utility installation early this week. A new 8" PVC sanitary sewer crossing will need to be installed for the Plymouth Presbyterian Church. The steel casing cannot be utilized because the sewer grades have been raised over 5 feet in the Westbranch 2nd subdivision. The schedule for the project is as follows: Project completion (exc. wear) July 1, 1994 Complete wear course July 1, 1995 Project 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements, Phase 1 - Ryan Contracting. All of the utility installation has been completed, except for the draintile. The roadway has been rough graded. The contractor plans to start the remaining grading and street work early this week. The schedule for Phase 1 of the project is as follows: Project completion (exc. wear) July 1, 1994 Complete wear course July 1, 1995 Water Main Improvements: Project 311 - Fernbrook Lane, Project 110 - Maple Grove Connection, Project 909 - Well No. 11 - Annandale Contracting: All of the water main installation has been completed, except for the raw water main between Zachary Lane and the Water Treatment Plant. Near the intersection of Zachary Lane and CSAH No. 9, the proposed jacking ran into an existing 12" water main. The contractor plans to expose the water main this week to verify the extent of the problem and the apparent solution. The schedule for this project is as follows: City of Plymouth May 9, 1994 Mr. Daniel L. Faulkner Page -3- Project completion (exc. restor.) June 1, 1994 Complete restoration July 1, 1994 Project 909 - Well No. 11 Pumping Facility: All of the water main installation has been completed. The building is up, siding and roof are complete, and the pump has been installed. The contractor plans to do the sodding, HVAC, electrical, instrumentation and pump start-up within the next month. The schedule for this project is as follows: Project completion July 1, 1994 Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. �). A#00 Shawn D. Gustafson, P.E. cc: OGB MLS GRC RGS JKI WE SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ ENVIRONMENTAL ■ PARKING MEMORANDUM TO: Fred G. Moore, P.E. City of Plymouth FROM: Jim Dvorak, P.E. Tim Phenow, P.E..4 DATE: May 6, 1994 SUBJECT: PROJECT STATUS REPORT The following are brief descriptions of the status of active projects assigned to us: Northwest Boulevard (45th Avenue to Schmidt Lake Road) Schmidt Lake Road (Northwest Boulevard to Pineview Lanel City Project No. 011 SRF No. 0901340 The roadway was opened to traffic on September 1, 1993. The project will be completed this spring with the placement of the bituminous wearing course. Northwest Boulevard (54th Avenue to 56th Avenue) C—MAY City Project No. 106 SRF No. 0911519 IVED Construction is complete except for punch list work. 6 1994 Northwest Boulevard (Schmidt Lake Road to 54th Avenues City Project No. 205 0� SRF No. 0921637 The bridge deck has been completed. The guardrails, fences and the wearing course of the deck will be completed this spring. Earthmoving and utility construction operations are nearly complete. Construction of the street will take place this spring. We anticipate the project will be completed and open to traffic by July 1, 1994. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447-4443 (612) 475-0010 FAX (612) 475-2429 Fred G. Moore, P.E. - 2 - May 6, 1994 County Road 24 and Medina Road City Project No. 031 SRF No. 0921643 Phase I construction (Medina Road southeast of County Road 24) is substantially complete. Turf establishment items and the final wearing course will be completed this spring. A decision has been reached on the issue of liquidated damages and has been relayed to the contractor. The final plans have been submitted to Mn/DOT and Hennepin County for final approval of Phase II. Schmidt Lake Road (Northwest Boulevard to Fernbrook Lane) City Project No. 213 SRF No. 0921675 The Contractor is working on the utilities and has essentially completed grading east of 1-494. Grading and sanitary sewer construction west of 1-494 will begin in the next week. Fernbrook Lane (27th Avenue to 34th Avenue) City Project No. 037 SRF No. 0921718 This project is on hold pending further staff direction. 36th Avenue/Lancaster Lane Traffic Signal City Project No. 309 SRF No. 0921779 This project is on hold pending further staff direction. New County Road 9 between T H 55 and Vicksburg Lane City Project No. 310 SRF No. 0931781 Comments on the plans have been received from Mn/DOT and Hennepin County and final revisions are being made. City staff is currently working on right-of-way acquisition for the project. Fred G. Moore, P.E. - 3 - May 6, 1994 Schmidt Lake Road/Peony Lane SRF No. 0931865 This project is on hold pending further staff direction. T.H. 55 North Frontage Road and South Shore Drive City Project No. 406 SRF No. 0941991 Right-of-way and property legal descriptions have been provided to staff. Draft construction plans will be submitted to staff next week for review. Xenium Lane Extension Traffic Study SRF No. 0942025 A draft report will be submitted for staff review within a week. County Road 9/County Road 241T.H. 55 Signal SRF No. 0942029 Plans for the signal have been submitted to Mn/DOT and Hennepin County for review. Mn/DOT has indicated they will initiate the agreement process, since award of a contract must occur by June 30, 1994 to use the funds Mn/DOT has set aside for this signal. JRD/TDP/bba cc: Dan Faulkner, City of Plymouth Dan Campbell, City of Plymouth ENVIRONMENT & INFRASTRUCTURE Formerly SEC Donohue May 4, 1994 Mr. Daniel L. Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Re: Medina Road Status Report Dear Mr. Faulkner: RUST Environment & Infrastructure Inc. 3033 Campus Drive, Suite 175 Minneapolis, MN 55441 Tel. (612) 551-1001 • FAX (612) 551-2499 The Medina Road project status has not changed since our status report which was dated April 7, 1994. During superficial inspection of the project, no pavement distress such as ravelling or extensive cracking was noted. Similarly, no settlement nor differential frost heaving effects were apparent. Wetland compensatory mitigation as stipulated by the Corps of Engineers in conjunction with disturbance to wetlands caused by the improvements has not begun. RUST E&I looks forward to working with and for the City in evaluating potential mitigation sites, and in the design and construction of a mitigation project. If there are any questions or comments pertaining to the above discussion, please call me at 551-2427. Sincerely, Euge L. Anderson, P.E. File: 42398.330 T/L/AprilMR.ela 100011 10 rbpECEwEO MaV 5 1994 of Quality through teamwork CIJ ENVIRONMENT& ICUM INFRASTRUCTURE Formerly SEC Donohue May 4, 1994 Mr. Daniel L. Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Re: Bridlewood Farm 2nd Addition Improvements City Project No. 206 Status Report No. 23 Dear Mr. Faulkner: RUST Environment & Infrastructure Inc. 3033 Campus Drive, Suite 175 Minneapolis, MN 55441 Tel. (612) 551-1001 • FAX (612) 551-2499 Following is the status of the Bridlewood Farm 2nd Addition project since our previous report which was dated April 7, 1994. RUST E&I has visited the project site to observe the pavement condition. Three areas appear to have undergone some raveling. Two are located in the intersection of 39th Avenue and Alvarado Lane North, each being smaller than about one square yard in area. The other is located on 37th Avenue in the vicinity of Sta. 12+00. It may be the result of a problem the contractor experienced with the screed on the paving machine when the bituminous pavement was being placed. The area is rather large - approximately 20 sq. yds. - and in the Fall of 1993 the contractor indicated that the area would be milled and new bituminous pavement placed in 1994. In all three cases, the raveling can be characterized as being slight. No settlement or effects of differential frost heaving were observed. The emergency stormwater overflow which had been constructed between Lot 1, Block 2, Bridlewood Farm, and Lot 1, Block 4, Bridlewood Farm 2nd Addition has been partially filled. It is our understanding that the overflow was intended to accommodate stormwater runoff from much of the entire Bridlewood Farm subdivision during intense storm events. RUST E&I has been in contact with the contractor in an attempt to determine the contractor's schedule for the remaining corrective work. That work includes cleaning and straightening some gate valve boxes, finishing the interior of several sanitary sewer manholes and storm sewer structures, and addressing areas in the bituminous pavement where raveling is occurring and where concerns arose in the Fall of 1993 regarding the texture of the wearing course. We hope to get a schedule for the work in the forthcoming month, and to have most if not all of the work completed. We intend to schedule a meeting with City staff to review the bituminous pavement surface texture sometime in May. Quality through teamwork C1 Mr. Daniel Faulkner May 4, 1994 Page 2 If there are any questions regarding the foregoing, please call me at 551-2427. Sincerely, GYN- 'AEugen P.E. File: 42521.334 T/LB2No23.e1a RUSENVIRONMENT & INFRASTRUCTURE Formerly SEC Donohue RUST Environment & Infrastructure Inc. 3033 Campus Drive, Suite 175 Minneapolis, MN 55441 Tel. (612) 551-1001 • FAX (612) 551-2499 May 4, 1994 Mr. Daniel L. Faulkner, P.E. nKY5 City EngineerCity of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482Re: Bridlewood Farm 3rd Addition Improvements City Project No. 304Status Report No. 15 Dear Mr. Faulkner: Following is the status of the Bridlewood Farm 3rd Addition improvements project since April 7, 1994. Construction activities have not resumed from winter suspension. Other than miscellaneous cleaning of sanitary sewer and storm sewer structures and of gate valve boxes, and finishing work on structures, the only work remaining is constructing the bituminous wearing course. In conjunction with City staff, we intend to do a walk-through inspection of the concrete curb and gutter to determine the extent of any damage that may warrant repair or replacement. During a recent visit to the project site, RUST E&I noted the following: • Minor disruption has occurred on the emergency stormwater overflows which extend easterly and westerly from the Alvarado Lane cul-de-sac, apparently during construction of adjacent homes, because both overflows had been graded and satisfactorily restored with seed in the Fall of 1993. • Residential construction has begun on all of the 46 lots abutting the project except for about 10 lots. During a telephone conversation on April 19, 1994 with the developer's project manager, Mr. Bill Pritchard, he said that they prefer that paving the bituminous wear course be delayed until September, 1994, so that residential construction and lot landscaping can be completed without disrupting the finished street. The specification stipulates the final completion date of June 15, 1994. We told Mr. Pritchard that we will discuss delaying paving with the City Engineer. • No effects of differential frost heaving were apparent. Quality through teamwork CJ Mr. Daniel Faulkner May 4, 1994 Page 2 • Some settlement has occurred in the sewer and water service trench which is located at approximately Sta. 6+50 on Yellowstone Lane North. The settlement does not exceed about %-inch. No other settlement was readily noticeable. Some work of a restorative nature may occur in the upcoming month. Meanwhile, we intend to meet with City staff on the site to inspect the curb and gutter to determine whether any repairs or replacement will be necessary. If there are any questions regarding the above discussion, please call me at 551-2427. Sincerely, �f Eug7L. Anderson, P.E. File: 42611.330 VLMNoMela APPROVE PAYMENTS PUBLIC IMPROVEMENT PROJECTS FROM 12/06/93 TO 05/16/94 REPORT NO. 105 PAYMENT DATE DATE OF NO. REC'D CONRACTOR PROJECT APPROVAL AMOUNT 1 01-11-94 Ryan Contracting, Inc. Fernbrook Lane Util. & St. 01-20-94 $40,517.50 1 02-25-94 Municipal Builders, Inc. Deep Well No. 11 - Pumping 02-25-94 10,367.92 Fac. (Proj. 909) 4 02-23-94 Latour Construction CSAH 24/Medina Rd. - Phase I 02-24-94 10,408.45 (Proj. 03 1) 1 03-03-94 Annandale Contracting, Inc. Fernbrook Lane, Maple Grove 03-07-94 22,952 Connection, Well No. 11 (Projs 311, 110, 909) 1 04-06-94 C.S. McCrossan Const., Inc. Schmidt Lake Road (Proj. 213) 04-08-94 137,700.66 2 04-06-94 Annandale Constracting, Inc. Fernbrook Lane, Maple Grove 04-21-94 104,185.36 Revised Connection, Well No. 11 (Projs 311, 110, 909) 2 04-08-94 Ryan Contracting, Inc. Fernbrook Lane Util. & St. 04-12-94 94,811.33 Imp. (Proj. 907) 3 & Final 04-18-94 EJM Pipe Services, Inc. NW -17 San. Sewer - Phase II 04-20-94 12,182.00 (Proj. 040) 2 04-26-94 Municipal Builders, Inc. Deep Well No. 11 04-27-94 28,432.93 (Proj. 909) 3 05-04-94 Annandale Constracting, Inc. Fernbrook Lane, Maple Grove 05-06-94 61,282.36 Connection, Well No. 1 (Projs 311, 110, 909) DATE: May 10, 1994 TO: Daniel Faulkner, City Engineer i FROM: I-. -, Darrell Johnson, Sr. Engineering Technician - Drainage SUBJECT: EROSION CONTROL STATUS REPORT Attached is the street cleaning status report revised May 10, 1994. A total of eight warning letters have been sent to developers and one developer was find $100 for non- compliance with the policy. Additionally, the Bassett Creek Watershed conducted erosion control inspections on April 19 and 20, 1994. Of the 40 sites inspected, they found 20 to be in compliance with erosion control practices and 20 to be in violation. The majority of their findings indicated sand in the street and gutter. Silt fence maintenance is needed in a variety of locations as well. During the last week of April, heavy rainfall generated approximately 100 drainage and erosion control related problems. It will take some time to resolve these problems. I am temporarily behind providing adequate erosion control inspections at this time. This situation should improve once the part time Erosion Control Inspector begins employment in the near future. attachment: cc: Fred G. Moore 1994 STREET CLEANING PENALTIES Revised:5/10/94 WARNING SUBDIVISION CONTACT PERSON LETTER $100 $100 $200 $300 $300 Autumn Hills Dave Henners 473-1231 x 69 BassLake Terrace 2nd & 3rd Add. Vern Reynolds May, 3 425-6442 Bay Pointe on Mooney Lake Dave Henners 473-1231 x 69 B;oerin Chris Censki April, 14 476-1925 Boulder Boulder Crest Dane Swenson or Fritz 473-8511 Bo,ilder Ridge 2nd & 3rd Betsy Krutzig 559-3271 Bridlewood Farm Jeff Franc 478-9848 March, 30 Bill Pritchard 544-7333 Churchill Farms Dave Henners 473-1231 x 69 Courtyards of French Creek David Newman 757-2926 Curtis Lake John Lino 882-1112 Eaglewood Ron Isaak 454-4663 Fawn Creek Addition Dr. Dennis Arne W: 473-4241 Forster Preserve Tom Graham or Jake Enebak April, 1 546-8216 Golfview Estates Bernie Barr March, 30 559-0085 Greenwood Ponds Earl Fischer 473-0706 1994 STREET CLEANING PENALTIES Revised:5/10/94 WARNING SUBDIVISION CONTACT PERSON LETTER $100 $100: $200 $300 $300 Harbor Woods Dave Henners 473-1231 x 69 Heather Run Dave Henners 473-1231 x 69 Heritage Woods Estates 2nd Add. Robert Enebak 333-1307 Holly Creek 1st & 2nd Craig Scherber 428-8400 Ironhorse Estates Fred Smith 541-1451 Cindy Elcher 420-2746 Kimberly Woods Tim Rachel 553-1824 Y'-'111, sview Heights 3rd Paul or Keith Harstad 63 6-3 751 Lancaster Park Apartments Ken Isaacson 926-9467 H 926-9408 North Fork Jack Swedlund 557-0662 Parker's Lake North 8th,9th,&10th Dave Hansing or Sandy trailer # 473-1406 Parker's Woods Woody Perl 938-6727 Pine Creek Vicky Siskin 720-6465 Pintail Villas Plymouth Green Villas John DeVries April, 20 550-1346 Plymouth Oaks Terry Dahlstrom 557-4571 May, 6 Dahlstrom,Eiden,&Peterson 1994 STREET CLEANING PENALTIES Revised:5/10/94 WARNING SUBDIVISION CONTACT PERSON LETTER $100 $100 $200 $300 $300 Plymouth Pointe John Peterson 755-9793 April, 1 April, 6 Good Value Homes Pcdderosa Woods 3rd A.J. Poppelaars 925-2761 (wail Hollow Homer Thompkins or Pam Backer 627-0823 Rebecca Woods Craig Anderson 473 -3 976 Rockford Estates Pat Goff 482-0767 Seven Ponds 5th,6th,&7th Add. Ted Hagen 572-9455 Sugar Hills 1 st & 2nd Add. Martin Harstad 636-9991 C: 723-7770 Sunset Valley Homes 2nd Russ Bendickson 545-3132 Tony Eiden 559-0251 Swan Lake South Tom Graham or Jake Enebak April, 1 546-8216 Trenton Ponds Jim Zachman 470-4544 Westbranch Bill Pritchard (plymouth creek heights) 544-7333 Wild Wings Dev. John DeVries 550-8411 May 10, 1994 «name» «address» «city», «state» «zip» Dear «greeting»: Attached are the minutes from the Charter Commission meeting on April 25, 1994. Please review and let me know if you have corrections. Also attached is an opinion from the City Attorney which states that the City Council can indeed pass an ordinance directing itself to rely on general law when the Charter is silent. The City Attorney has drafted an ordinance to this effect, which also is included in his memo. Based on my sense of the April 25 meeting, I will proceed with drafting a letter on behalf of the Charter Commission to the City Council, urging the Council to adopt the ordinance. I will place this on the agenda for June 6, unless I hear from you to the contrary. Please call me on 550-5013 with any questions. Sincerely, Kathy Lueckert Assistant City Manager Attachments We Listen - We Solve - We Care 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447 - TELEPHONE (612) 550-5000 Plymouth Charter Commission April 25, 1994 Minutes Present: Tyrone Bujold, Kapila Bobra, Timothy Peterson, Virgil Schneider, Ellie Singer, John Duntley, Jon Speck, Joy Tierney, David Crain, William Pribble, Assistant Manager Lueckert Excused: Pauline Milner, Robert Sipkins, Sandy Patterson Absent: Patrick Foley, Todd Wirth Chairman Schneider declared that a quorum was present and called the meeting to order at 7:10 PM. A motion was made and seconded to approve the minutes from the March 28, 1994 meeting. The motion carried. Assistant Manager Lueckert reported that the legislation passed both the House and the Senate and was signed by Governor Carlson on April 15. Mr. Schneider stated that the Senate version of the bill, which contained the word "may" instead of "shall" was the version enacted. The House version, which contained "shall," had no chance of passing this year. Mr. Schneider stated that the City is still left with the permissive word "may," and that the City Council could either choose to follow the requirements of "general law" or it could choose not to, given the word "may." Ms. Tierney stated that she has had some conversations with the City Attorney about whether or not the City Council could, by ordinance, incorporate the legislative language but use the word "shall." It appears likely that an ordinance could be enacted. Mr. Schneider noted that if the Council did pass an ordinance to use the word "shall," that the ordinance could not be changed without a majority vote of the Council. Mr. Crain suggested that the Charter Commission get a written opinion from the City Attorney on this issue, and then forward the Charter Commission's recommendations to the City Council. Ms. Tierney also mentioned that several on the City Council have expressed an interest in creating a separate Board of Review, so that the City Council does not sit as the Board of Review. Ms. Bobra inquired about precedents for such an action in other jurisdictions, and Ms. Tierney referred to Ramsey County. Ms. Tierney excused herself at 7:25 PM, to preside at the Board of Review. Mr. Schneider suggested that the Charter Commission return to discussing the "may" versus "shall" question. Discussion followed about the applicability of Robert's Rules of Order. Mr. Bujold restated the issue: that if charter cities seek to have power to do something that statutory cities are able to do, but on which issue a city's charter is silent, the City Council can then rely on statutory and/or general law to find the power to do something if statutory and/or general law indicate that the power is permissible. Ms. Singer questioned that since state law may be used, should the Commission try to place a blanket amendment covering every circumstance on the ballot, or merely address what's missing from the Charter? Mr. Schneider stated that it is not possible to address every issue which might arise over the years. He wondered if this issue is worth placing on the ballot in November, since the same elements of the effort to pass the Charter will be required in this instance. Mr. Crain stated that he personally would not work for this amendment with the same level of energy that he did for the Charter. He stated that he favored pursuing the ordinance option, and then as other Charter issues arise over the coming years to put together a package for the voters. Mr. Peterson asked whether or not an ordinance could be reversed by the City Council. Ms. Bobra stated the Charter Commission has two options --either place the issue on the ballot, or try to get the City Council to pass an ordinance, and either one could fail. Ms. Lueckert noted that this is a rather esoteric issue, and may not attract much interest on the part of the voters. Mr. Pribble moved that the Charter Commission request an opinion from the City Attorney on whether or not the "may" versus "shall" question can be resolved by ordinance, and if so, the Charter Commission should urge the City Council to adopt an ordinance to the effect that the application of statutory and general law be treated as a mandate that the City must apply when the Charter is silent on an issue. Mr. Crain seconded the motion. General discussion followed, with concerns expressed that the Charter Commission did not want to force the City Council to adopt this ordinance. Mr. Speck stated that it really would be in the form of advice to the Council. Mr. Bujold called the question. .1 The motion carried. Mr. Schneider asked about the Commission's wishes should the legal opinion come back in the negative. The Commission agreed to wait until there were more Charter issues before placing an amendment on the ballot. Ms. Singer asked about the Council's interest in delegating the Board of Review. Mr. Peterson stated that the Council needed to perform this duty. Mr. Duntley indicated that he felt the Council must be accountable. Mr. Crain noted that the assessments were done by staff. Mr. Schneider said that most people don't care about the budget, but they care a great deal about their assessed valuation. Mr. Pribble moved, seconded by Mr. Bujold, to table the question of permitting the City Council to delegate the Board of Review. The motion passed. Mr. Schneider stated that the next Charter Commission meeting will be December 5, 1994. Mr. Bujold moved, Mr. Schneider seconded, to adjourn the meeting. The motion carried, meeting adjourned at 8 PM. ROBERT L.CROSBY LEONARD M.ADDINOTON ROBERT R.BARTH X. WALTER GRAFF ALLEN D. BARNARD RICHARD A.PETERSON ROBERT J. CHRISTIANSON, JR FRANK J. WALZ FRANK VOGL MARINUS W. VAN PUTTEN, JR. DAVID B. MORSE JOHN A. BURTON, JR. JAMES C. DIRACLES ROBERT L.MELLER,JR. JUDITH A.R000SHESKE SCOTT D. ELLER BEST & FLANAGAN ATTORNEYS AT LAW CHARLES C.BEROUIST GEORGE O.LUDCKE E.JOSEPH LAFAVE GREGORY D.SOULE CATHY E.GORLIN PATRICK B. HENNESSY TIMOTHY A. SULLIVAN BRIAN F. RICE DANIEL R.W. NELSON TRACY J. VAN STEENBURGH DAVID J.ZUBKE STEVEN R.KRUGER JAMES P. MICHELS PAUL E. KAMINsHI JOHN P. BOYLE ROSS C. FORMELL 4000 FIRST BANK PLACE 601 SECOND AVENUE SOUTH MINNEAPOLIS, MN 55402-4331 TELEPHONE (012) 339-7121 TELECOPIER (0121 339-5697 Direct Dial: 341-9715 May 5, 1994 CINDY J. LARSON CARYN SCHERB GLOVER TLARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN BARBARA M. Ross TRACY F. KocHENDORFER JEANNICE M.REDINO SARAH CRIPPEN MADISON ROBERT D. MAHER DAVID H. JOHNSON WILLIAM J. MORRIS MICHAEL L.DIGGS MICHAEL H. PINK Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Application of.Statutory Law to Charter Cities` Dear Dwight: OF COUNSEL JOHN R.CARROLL JAMES D.OLSON ROBERT M.SEARE ARCHIBALD SPENCER WARD B. LEwIs JAMES I. BEST 1902-1969 ROBERT J.FLANAGAN 1696-1974 You asked us to review the applicability of statutory law to charter cities. As you know, the Minnesota Legislature recently enacted as law Chapter 446 in Section 410.33. It allows home rule charter cities to apply statutory law in instances in which the charter is silent. We recommend that the city enact an ordinance in substantially the form attached hereto where it provides a procedure for the city to enact statutory or other general law. The rationale for our opinion is contained in the following paragraphs. Minnesota Statutes § 471.62 provides that any statute or rule may be incorporated by reference in an ordinance of a municipality. In addition, Attorney General Opinion 59-A-11, January 22, 1957, provides that a city charter may incorporate an existing statute by reference. However, the charter cannot incorporate future amendments of the statute. Minn. Stat. § 410.07 also provides for the incorporation of a statute into a charter. Thus, the new statute passed by the Legislature may be incorporated by reference in either the city's Code of Ordinances or its charter. Since the city would like to have this statute applied as soon as possible, it should proceed with passing an ordinance incorporating the statute. We suggest that the ordinance incorporate the statute and provide that the law Mr. Dwight Johnson May 5, 1994 Page 2 applicable to statutory cities will be applied in those instances in which the city council receives an opinion from the city attorney to the effect that the charter is silent on a particular matter. It is necessary to have a procedure for determining when the city charter is silent on a matter so there is no confusion as to when the charter is to apply or when the statutory law is to apply. A proposed ordinance is enclosed which you may wish to use if you agree that this is a preferred procedure. Please call me if you have any questions about this matter. Very t u1y yours, Allen D. Barnard ADB:rys\3846.ltr Enclosure ORDINANCE NO. 94 - AN ORDINANCE APPLYING THE LAW APPLICABLE TO STATUTORY CITIES IN INSTANCES IN WHICH THE PLYMOUTH CHARTER IS SILENT THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Sec. 1. The Plymouth City Code is amended to add Section 100.09 as follows: 100.09. Application of General Law Where Charter Is Silent. It is the intent of the Plymouth City Council, as permitted by Minnesota Statutes Section 410.33 (1994), that in instances where the Charter is silent on a matter that is addressed for statutory cities by Chapter 412 or other general law, to apply the general law on the matter. The City Attorney shall determine whether the Charter is silent on a matter before general law is applied to that matter. The provision of Minnesota Statutes, Section 410.33, is hereby adopted by reference and is as much a part of this Code as if fully set forth herein. Sec. 2. This ordinance is effective upon its passage in accordance with Section 110.09. Mayor ATTEST: City Clerk adb\9300\920191\3853.mem Plymouth Human Rights Commission Minutes of May 5, 1994 Present: John Kane, Lisa Membrr, Laura Booth, Earl Peterson, Saundra Spigner Laurie Levy, Claudelle Carruthers, Harvey Guttmann, Jim Elmquist, Kathy Lueckert Excused: Rebecca Ribbich, Bill Dix, Jackie Fraedrich, Sheryl Morrison Assistant Manager Lueckert called the meeting to order at 7:30. She asked that those attending the Golden Valley Hate Crimes seminar share their observations about that evening. Mr. Peterson noted with disappointment that the panel still used labels such as "Black, American Indian, Hispanic" instead of merely referring to a victim by their name. Others stated that they felt that the meeting was more informational than providing an outline for action. Ms. Booth outlined District 284's experience with conducting a diversity needs assessment. She stated that they established focus groups in Wayzata High (staff) which were assigned various diversity/discrimination related topics. Written surveys designed to gain information on offensive behavior were circulated. The district formed community groups to talk about specific topics in discrimination. From these efforts, District 284 will begin to implement policies designed to prevent or to mitigate discriminatory behavior in the schools. Ms. Lueckert then asked the Commission for thoughts on how it might assess the climate in Plymouth. Ms. Spigner suggested that a starting point might be to have Police Chief Gerdes and City Prosecutor John Boyle profile the types of crimes and prosecutions they are seeing and what these might tell the Commission about the climate in Plymouth. Ms. Spigner felt that dividing into sub -committees, each with a different focus, might be the best way to begin to assess needs. General discussion followed about subcommittees, their roles and responsibilities. The Commission decided to form the following subcommittees: Needs Assessment --Laura, Laurie, Lisa, Harvey --this group will develop a general needs assessment which can be used by other subcommittees. Duration: 2 - 3 months. • Policy --Saundra, Harvey, John --this group will examine existing City policies on discrimination and Human Rights issues and make recommendations if changes are needed. Another task may be to ascertain what policies Plymouth businesses have and use. • Long Term Community Education and Awareness --Laura, Claudelle, John --this group will focus on developing a long term community education program on Human Rights issues. Crisis Intervention --Earl and ????--this group will develop a standard response mechanism for the Commission to use in the event of an emergency or hate crimes crisis. Still needed are volunteers to serve on a By -Laws subcommittee. The subcommittees agreed to meet for the first half hour of each meeting (7:30 - 8:00), to avoid scheduling additional meetings. The Commission had the following requests for the next meeting: --profiles on hate crimes in the City of Plymouth --existing City policies on sexual and racial harassment --arrange for Chief Gerdes and Prosecutor Boyle to speak -at the July meeting --see if a Mayor's message on the formation of the Human Rights Commission is feasible The meeting adjourned at 8:45 PM. Next Meeting: June 2, 7:30 PM Speaker: Wendy Robinson, Department of Human Rights Subcommittees: 7:30 - 8 PM. OFFICIAL PROCEEDINGS OF THE BOARD INDEPENDENT SCHOOL DISTRICT 281, ROBBINSDALE AREA SCHOOLS REGULAR BOARD MEETING, 4148 WINNETKA AVENUE NORTH April 18, 1994 The meeting was called to order at 7:05 p.m. by Keith Moberg, chairperson. ROLL CALL Present: Paula Beugen, John Luzaich, Keith Moberg, Mary Moreira, Beverly O'Connor, Meredythe Rossi and Neil Stein, directors, and James Dahle, superintendent. APPROVAL OF AGENDA Moreira moved approval of the agenda. The motion was seconded by Beugen and carried unanimously. APPROVAL OF CONSENT AGENDA O'Connor moved approval of the consent agenda. The motion was seconded by Moreira and carried unanimously. FINANCIAL REPORT ITEMS Beugen moved approval of the financial report items subject to audit. The motion was seconded by Moreira and carried unanimously. MINUTES OF PREVIOUS MEETINGS Rossi moved approval of the minutes of the April 5, 1994, board meeting. The motion was seconded by Stein and carried unanimously. PETITIONS AND COMMUNICATIONS The following communications were received: an invitation to a breakfast April 22, 1994, at Lincoln Elementary School in honor of volunteer appreciation week; a memo dated April 15, 1994, from Bob Noyed, assistant to the superintendent for communications, regarding the district's recognition/retirement event on May 4, 1994; and a notice of a reception for students whose works are displayed in an all -district exhibit at the Hennepin County Government Center. CLERK'S REPORT Luzaich, clerk of the board, read the schedules of board School board minutes - April 18, 1994 Page 2 meetings, other meetings and superintendent's advisory councils. A board budget workshop was added on May 23, 1994, at 6 p.m. A location change and an additional meeting date for the Interim Family Futures Commission was reported. REPORTS OF THE SUPERINTENDENT Instruction and Information Information Special Education Inclusion Program Richard Lubansky, director of special education, presented information on the district's special education inclusion program. Lubansky introduced Jannes, Arlowe and Steven Becker who who spoke about Steven's positive inclusion experience at Hosterman Middle School; Weldon and Danika Schwartz who spoke about Danica's positive experience with moderately to severely mentally impaired students at HMS; Monica Richter and Scott Charlesworth -Seiler, HMS sixth grade teachers, who described their inclusion teaching experience; Mary Catherine Twiford, Meadow Lake special education teacher, who introduced Tim Horton, Sandburg Middle School student, who described his personal growth as an inclusion student; and Chris Woelfin, Meadow Lake Elementary School special education teacher, who introduced Juliane Ahrens, Meadow Lake parent, who presented her view of the inclusion program's benefits to students that include a feeling of normalcy, better role models and heightened self-esteem. Lubansky introduced Margaret Carlson and Kathleen Ness, Forest Elementary School special education teachers, who presented the following inclusion philosophy: The inclusion philosophy of Independent School District 281 supports creating a variety of social, emotional, and cognitive opportunities that include each student in their age-appropriate home schools and/or community settings. Lubansky answered questions from the board about the roll of Intermediate District 287; the number of special education students served by the inclusion program; and the number of special education students who require special help or paraprofessional support. Vocational Education Gerald Davis, curriculum generalist, reported on the district vocational education program. Davis has been named District 281 vocational education director. Davis described a new paradigm for vocational education that includes a title change to lifework education. He described elements of the new paradigm that School board minutes - April 18, 1994 Page 3 include implementing a cooperative versus competitive model; considering assigning traditional vocational staff to academic departments; implementing tech prep philosophy; using national curriculum models; upgrading the partnership work experience program; and strengthening the district's alternative opportunities. Davis outlined his goals for the program that include establishing a modular technology program in each high school; upgrading equipment in the middle school keyboarding labs; establishing a recognizable tech prep curriculum; using national curriculum resources in District 281 schools; establishing a math/science technology cluster lab at Robbinsdale Cooper High School; establishing a communications cluster lab at Robbinsdale Armstrong High School; and assuring that every graduate has a career portfolio. Davis also reported on the following changes in the district related to the new paradigm: an applied communication curriculum at both high schools; a tech prep program at Plymouth Middle School; a math curriculum model; articulation agreements with post -secondary schools; an apprenticeship program with Honeywell; an RCHS integration project; a multicultural project at RAHS; a proposed orientation project at RAHS; and the graduation rule as it pertains to vocational/technical education. The board discussed the need for changes in the vocational education program in District 281; the direction of tech prep curriculum in Minnesota and the district; the need to prepare students for the changing needs of the work place; the European career education model; the Honeywell apprenticeship program; and the need for students and parents to have more concrete information from businesses related to career education. Northwest Suburbs Cable Communications Commission Agreement Robert Noyed, assistant to the superintendent for public information and communications, and Steve Browender, television producer, presented information about changes in the school district's cable television channel. Noyed reported on the agreement's background and that channel 39 will be the new District 281 cable television channel starting July 1, 1994. District 281 will share channel 39 with the Wayzata School District with District 281 residents receiving District 281 programming and Wayzata school district residents receiving Wayzata school district programming. Noyed and Browender answered questions from the board regarding the sharing of channel 39; whether there are sites for residents without cable television to view district programming; and new video equipment to be installed in the board room. School board minutes - April 18, 1994 Page 4 Action Beugen moved approval of the following grant award and grant proposal. The motion was seconded by Moreira and carried unanimously. Grant Award A grant award in the amount of $20,000 from the General Mills Foundation for the Plymouth Drop-in Center. Grant Proposal A grant application in the amount of $470,000 to the Minnesota Department of Education on behalf of the Adult Basic Education program. The purpose of the grant is to continue state funding for the ABE program for the 1994-95 school year. Business Comprehensive Technology Maintenance/Repair Agreement Bid O'Connor moved approval of a bid award to Midwest Audio Visual for technology maintenance and repair in the amount of $11.18 per pupil for the 1994-95 school year and $12.08 per pupil for the 1995-96 school year. The motion was seconded by Moreira and carried unanimously. Capital Expenditure Budget Adjustment Moreira moved approval of a budget amendment to recognize the sale of Mielke Field in the 1993-94 budget with a revenue increase of $1,650,000 and an expenditure increase of $100,000. The motion was seconded by O'Connor and carried unanimously. MOTIONS AND RESOLUTIONS Luzaich moved approval of the following resolution. The motion was seconded by Moreira and carried unanimously on a roll -call vote. WHEREAS, the Minnesota School-age Child Care Alliance in conjunction with the Minnesota Association for the Education of Young Children is celebrating the Week of the Young Child, April 17-27,1994; and WHEREAS, School-age Child Care (SACC) programs provide a safe, caring place for approximately 23,000 children grades K -six before and after school and during school vacations in public and private schools and 25,000 children in family child care homes throughout Minnesota; and School board minutes - April 18, 1994 Page 5 WHEREAS, providing programs that expand children's learning opportunities and make available support for working families and those experiencing temporary family -related difficulties is critical if children are to succeed in school; and WHEREAS, quality programs are the key prevention strategies needed in preventing violence, substance abuse, vandalism, poor mental health, pre -gang activity, school failure and teen pregnancy; and WHEREAS, quality SACC programs represent a worthy commitment to our children's future; and WHEREAS, by calling attention to the need for quality SACC programs, these groups hope to improve the availability and quality of such services to the 200,000 children who are home alone when they are out of school and their parents are at work; NOW THEREFORE, BE IT RESOLVED that we, the school board of Independent School District 281, Robbinsdale Area Schools, proclaim Wednesday, April 20, 1994, to be SCHOOL-AGE CHILD CARE DAY in District 281. BOARD RAPPORT Luzaich spoke about a bill currently before the senate that would rescind Intermediate District 287's right to levy and a bill before the house that would require District 287 board members to be elected in a general election. Dahle will relay to Gary Parks, the district's lobbyist, the board's support of District 287's right to levy and concern that only elected board members serve on the District 287 board. Dahle updated the board on District 281 foundation meetings. Dahle recommended that the board elect board officers on a calendar basis and that all other board business be done on a fiscal basis. The board concurred. Dahle will relay to the board more information on the proposed uniform election laws and express to Parks the board's preference for odd -year elections. School board minutes - April 18, 1994 Page 6 ADJOURNMENT The meeting was adjourned at 9:43 p.m. Respectfully submitted, Approved May 2, 1994 Keilth �4obe'rg, chhirp§Krs INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA BOARD OF EDUCATION Regular Meeting - May 9, 1994 - 7:30 p.m. Wayzata Senior High School - Cafeteria AGENDA I. Call to Order H. Approval of Minutes III. Approval of Agenda IV. Recognitions A. Employee of the Month B. Math Club Awards C. Art Awards D. M-NSPRA Distinguished Leadership Award V. Audience Opportunity to Address School Board A. Student Councils B. Parent-Teacher Groups C. Others VI. Superintendent's Reports and Recommendations A. Superintendent 1. Resolution Relating to the Issuance of School Building Bonds and Calling an Election Thereon 2. Construction Manager Selection B. Academic Services (No items for this section.) C. Finance and Business Services 1. Finance and Business Recommendations 2. Monthly Financial Report 3. Designation of Official Auditor for 1993-1994 Fiscal Year 4. Regular Transportation Contract with Hanus Bus Company D. Human Resource Services 1. Human Resource Recommendations 2. Resolution for Nonrenewal of Contracts for Probationary Staff 3. Motion to Hold Closed Meeting Immediately following Regular Meeting VII. Other Board Action VIII. Board Reports IX. New Business X. A journ LMB/ 1 WAYZATA INDEPENDENT SCHOOL WAYZATA, MINNESOTA NOTICE t--- , . -A ---- ' �\- PLEASE POST BOARD OF EDUCATION The Board of Education of Independent School District 284 will discuss construc- tion manager selection at a special work session scheduled for: MONDAY, MAY 9, 1994, 7:30 A.M. DISTRICT ADMINISTRATION BUILDING - BOARD ROOM 210 COUNTY ROAD 101 NORTH, PLYMOUTH LMB/1 POSTED: MAY 5, 1994 A. INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA BOARD OF EDUCATION Special Meeting - May 13, 1994 - 3:30 p.m. Administration Building - Board Room AGENDA I. Call to Order - Howard Casmey, Board Chair II. Construction Manager Selection III. Adjourn LMB/1 Posted: 5/9/94 NOTE: This special. meeting will be followed by a special School Board work session regarding the Superintendent Search. INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA BOARD OF EDUCATION NOTICE The Board of Education of Independent School District 284 has scheduled the following: FRIDAY, MAY 13, 1994 3:30 p.m. - Special Board Meeting Re: Construction Manager 4:00 p.m. - Special Work Session Re: Superintendent Search SATURDAY & SUNDAY. MAY 14 & 15, 1994 8:00 a.m. - Closed Meeting - Superintendent Candidate Interviews and Selection of Finalists at Crown Sterling Suites, Bloomington, Minnesota MONDAY MAY 23, 1994 4:00 p.m. - Board Work Session All meetings will be held in the District Administration Building, 210 County Road 101 North, Plymouth, unless otherwise noted. LMB/1 POSTED: 5/9/94 cls Deephaven sump pump inspections begin May 15 By Julie Hoff Starting Sunday, May 15, Deephaven will begin to make good on the recently passed ordinance prohibiting the dis- charging of sump pumps, drainpipes and other stormwater into the sanitary sewer system. Ray Williams, public works supervisor, explained to the Deephaven City Council at its May 2 meeting that he has divided the city into three zones to facilitate inspection of the sump pumps. Bob Blair, past public works supervisor, will make the inspections. Residents not in compliance with the ordinance by Oct. 1 will be charged a monthly surcharge of $75 at that time. The residents of each zone will receive by mail detailed instructions; including a voice mail phone number available 24 hours a day, in order to schedule inspec- tions at convenient times. Residents of. Zone 1 will receive the information next week, Zone 2 the week of June 6, and Zone 3 the week of July 11. Inspections will be made Mondays through Saturdays, during both day and evening hours. The problem with sump pumps dis- charging into the sanitary sewer system, Williams explained, is it adds a tremen- dous amount of clear water that does not require treatment to the system. It is not designed to carry clear water, so when the watertable is high, the system becomes overloaded and can cause basement back- ups, which are both inconvenient and a health hazard. The excess water also overloads lift station pumps and the treat- ment plant, making the cost of sewage treatment greater for the community. In other business, Mayor Howard Bennis issued a proclamation declaring May 15-21 as National Public Works Week. "We have to recognize the boys. They do a good job for us," said Bennis. Council plans to publish the proclamation in some local newspapers. Patrick and Edward Sullivan's request to vacate an unnamed and opened road between Jericho Rd. and Sullivan Rd. was tabled until the Sullivans determine the property rights of the road in the event it is vacated. If the road is vacated, a 30 -ft. strip of it may actually belong to Al Stucke, whose property borders the road. Council unanimously approved a motion officially thanking Police Chief Jim Anderson for his 21 years of dedica- tion and service to the City of Deephaven. Anderson has announced his plans to retire. City Briefs Date: May 12, 1994 From: Helen LaFave, 550-5016 Plan now for Night Out 'lV !' i,- LV -C Start planning now to organize a neighborhood get-together to mark National Night Out (NNO) on Aug. 2. The Plymouth Police will hold a NNO coordinator meeting on Tues., May 24, 7 - 8 p.m., at the Public Safety Building, 3400 Plymouth Blvd. Plymouth residents are invited to come learn about this crime prevention event or share their neighborhood's experience from past years. NNO is aimed at building community spirit and sending a message to criminals that your neighborhood is organized. People who cannot attend, can register their events by calling Sara Cwayna at 550-5198. -30- DATE: May 10, 1994 TO: Dwight Johnson, City Manager FROM: Joe Ryan, Building Official SUBJECT: TRENTON PONDS DEVELOPMENT PETITION I have reviewed the petition addressed to Mayor Joy Tierney from property owners in the Trenton Ponds Development who are concerned with the street name designation and building addresses assigned by our office. Due to the fact that each individual dwelling contain both a separate entry as well as a distinct property identification number, I feel we can accommodate their concerns by assigning individual address numbers to each dwelling in addition to changing the private street name from 10th Avenue North to Trenton Lane or Trenton Circle. Since their proposed street name of Trenton Ponds Circle is not recognized as part of the City's official street naming system, I would not recommend its approval. I will need to verify the numbering sequence of the individual addresses they requested in order to determine whether they comply with our addressing grid system. I will contact the developer and inform him of our intent to change both the existing street name and numbering system, and will notify all individuals listed on the petition of their newly assigned address. Please see me should you have any questions. cc: Anne Hurlburt, Community Development Director Copy dwight May 10, 1994 CITY C PLYMOUTR Glenn Lund 4130 Terraceview Lane North Plymouth, MN 55446 SUBJECT: LOTS 7 AND 8, BLOCK 1, PLYMOUTH CREEK 4TH ADDITION Dear Mr. Lund: This letter is in summary of our conversation which took place regarding an administrative ruling on the location of a setback measurement relative to the proposed construction of two single family dwellings located at the above referenced properties. As stated in your letters of March 24 and April 14, 1994, your contention is that the 25 foot required setback distance between dwellings be measured from an exterior wood post of the proposed new home, rather than from the foundation wall. Based upon my review analysis, I have determined that the setback distance be measured from the foundation wall rather than the structural post based on the following: • Upon review of the Certificates of Survey prepared by McCombs -Knutson Associates, Inc. of each property located within the Plymouth Creek Development, all referenced setbacks were measured from building foundation wall. There is no indication on any of the surveys regarding the placement or location of exterior wood posts. • At the June 6, 1984 Planning Commission Meeting, the developer requested a modification to the setback distance between the adjacent units of Lots 4 and 5, Block 1, Plymouth Creek 4th Addition from 25 feet to 20 feet. By unanimous vote, the Planning Commission recommended approval of the developer's request as indicated on the sketch date stamped May 18, 1994 by our office. That sketch reflects a setback distance of 20 feet measured between the foundation wall of each dwelling unit. • On July 23, 1984 the City Council approved the final plat and Development Contract for the Plymouth Creek 4th Addition. Item #14.4 of the Development Contract states: Yard setbacks shall be per approved typical lot layout dated March 12, 1984. The lot layout sketch identified the required setback distances measured from the foundation wall of the dwelling units. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 In summary, my determination to approve the setback distance as measured from the foundation wall rather than the exterior post appears to comply with the intent of the approvals granted by the Plymouth City Council for the entire Plymouth Creek Development. You may appeal my administrative decision to the Board of Zoning Adjustments and Appeals, if so desired. I have enclosed copies of various application materials which outline the information required to pursue this. Please be advised that there is $99.00 non-refundable filing fee. If you wish to appeal my decision, you will need to submit your application materials to our office no later than May 16, 1994 to be on the agenda for the June 14, 1994 Board of Zoning Adjustments and Appeals meeting. If an appeal request is not received within the time frame indicated we will understand that you are not appealing our decision and will administratively reinstate the suspended building permits issued to Prime Builders. Please contact me at 550-5031 should you have any further questions. Sincerely, q' l�� Joe R Building Official Enc cc: Dwight Johnson, City Manager File MUNICIPAL M� LEGISLATInE COMMISSION TO: FROM: RE: DATE: 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 554024218 MLC OPERATING COMMITTEE BOB RENNER, JR. 1 ne: (612) 672-3600 asi ilei) 672-3777 ,S CJ %n - •J, t �J . .r FINAL 1994 TAX BILL (CONFERENCE COMMITTEE REPORT) MAY 2, 1994 The House and Senate plan to both adopt the 1994 Omnibus Tax Conference Committee Report later today. Please find attached a section by section summary of the 1994 Omnibus Tax Bill. Several sections which may be of interest are as follows: ARTICLE 1 Sections 3 - 16 (pages 2 - 3) All of the Federal Tax Code changes from last year were adopted for purposes of state tax conformity. ARTICLE 2 Sections 1 - 5 (pages 6 - 7) The sales tax on capitol equipment purchases will be phased down from 6.5% to 2.0% over the next five years. ARTICLE 3 Section 18 (pages 11 - 12) Increases the appropriation for LGA by 2% in 1995. In 1996 and thereafter, the LGA appropriation increase will be based upon the increase in the implicit price deflator for state and local government purchases but in no case shall the increase be less than 2.5% or more than 5%. ARTICLE 3 Section 20 (page 12) Repeals the Local Government Trust Fund effective July 1, 1996. ARTICLE 4 Section 1 (page 13) The Circuit Breaker Refund is increased from $400 to $440. Decreases copayment percentages. ARTICLE 4 Section 2 (page 13) Decreases the copayment percentages for Renters' Circuit Breaker. Member Cities: Apple Valley, Bloonu ngton, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury MLC Operating Committee Page Two May 2, 1994 ARTICLE 4 Section 3 (Page 13) The targeting refund is reduced from 7510 of the excess property tax increase over 12% to 6010 of the excess. Decreases the maximum refund from $1,500 to $1,000. ARTICLE 5 Section 3 (page 15) Moves the sunset on limited market value from 1998 to 1997. ARTICLE 5 Section 4 (page 15 - 17) Changes "This Old House" valuation exclusions to homes valued under $150,000 ($300,000 in Minneapolis and St. Paul). Provides other clarifying provisions. ARTICLE 5 Section 28 (page 23) Authorizes a study on the feasibility of basing property taxation on the square footage of land and buildings. ARTICLE 5 Section 29 (page 23) Authorizes the study of methods of delivering property tax relief to homeowners. ARTICLE 9 Section 6 (page 31) Allows the City of Eagan to establish a special service district. ARTICLE 9 - TIF CHANGES No major Tax Increment Financing changes were adopted. The volume caps and county approval are not part of the final tax bill. Only local provisions were adopted. If you have any questions or comments or would like a copy of the bill, please don't hesitate to call me at 228-9757. ESF:esf:4608_I. W51 s 10615 30th Ave No. Plymouth, Mn 55441 8 May, 1994 Mayor Joy,Tierney, City Council Members and City Manager Dwight Johnson City Of Plymouth 3400 Plymouth Boulevard Plymouth, Mn 55447 Subject: Proposed By --pass along 26tg Ave, E Medic-ine Lake Bloulevard, and Zachary Lane. It is a real disapointment to learn that the leaders of this community are considdring, the thought of destroying a very peaceful and energetic community. The sollution to the increasing traffic problem should be resolved by making the very lives of the people whom actually live here and pay taxes, bare the burden of a increase of mass traffic. The area in which we live in is a very special area. Not only because we live here and have a bias: -.opinion on this proposal but, it is an opinion that is shared by people,that come into this area of this city to either visit friends or loved ones, or maybe even to find a little peace that they themselves might not find where they live. To destroy this, would be a real travisty. One desicion that will haunt this community for a"long, long time to come. I hope that each of you who are the leaders of this community are wise enough to relize the importance of not letting this proposal become a life shattering reality. I recommend that each of you walk along this corridor of our community, and ask yourself if it is worth the risk and the loss of the natural beauty that this area has to offer. do we dare take that away? We are in terms only here for a very short time. Let us not destroy what the future generations of this community might enjoy, and be thankful our community leaders of the past were smart enough to see and realize. I have lived in this community now for 4z years and. I have been very happy here and very proud to let others know where or what community I live in. This is not just because I live in a suburb. I live in suburb that is in ways like a small town. The neighbors treat one -another with dignity and respect. This is something that does not happen. It is something that one feels. Most of because the enviorment that we here live in and share as neighbors. Sincerely Kenneth G. BeBault 05-09-1994 12:44 6123775827 May 9, 1994 Dwight Johnson City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Johnson: STRATEGIC ADVANTAGE INC. P.03 C IM The intent of this letter is to express my opposition to expanding Zachary Lane to four lanes. In my opinion, people living in the City of Plymouth will not benefit from Zachary Lane being upgraded to a four lane highway. The only people who stand to gain are individuals living in Maple Grove and points West of Plymouth who use Zachary Lane to avoid congestion occurring on Highway 169. As a former resident of Maple Grove, I frequently used Zachary Lane as an alternate route to Highway 169. Expanding Zachary Lane to four lanes would only encourage greater use of the roadway. Zachary Lane does not directly provide access to business or shopping arras of any type. Only residential areas of relatively low density (single family homes) are bisected by Zachary Lane. Indeed, an increase of traffic would result in greater levels of air, water, ground, and sound pollution in the neighborhoods served by Zachary Lane. Ironically, if Zachary Lane were to be expanded it would be the people living in Plymouth who would pay project costs and be harmed the most. Clearly this is not a good use of tax dollars. Thank you in advance for your consideration of this issue. Cordially, t: Paulcy 595-0921 fft . I#" C1� Jean M. Thompson 11610 37th Place N. Plymouth, MN 55441 559-3376 April 25, 1994 Mr. Eric Blank City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Eric, Per our telephone conversation on Monday of this week, I am putting my concerns about the use of Plymouth's outdoor amphitheatre in writing. Please pass along my comments to appropriate city personnel. My parents have applied for an apartment in the new Town Square housing for senior citizens. They anticipate moving there as soon as the building is complete. That is why I was concerned upon reading in the local newspaper that the city plans to rent the outdoor amphitheatre for a concert this summer. Although our family attends Music in Plymouth every July, I was never aware that the city had plans to utilize that space for other concerts. As you indicated to me on the phone, the upcoming concert may be a trial to see how such events work out, but I would urge you and other city officials to consider the future residents across the street before agreeing to any other use of the amphitheatre. Town Square, as you know, will be occupied solely by senior citizens. These are not people who would appreciate having a loud concert across the street from their homes, nor would they be amenable to programs which last beyond the early evening hours. Even Music in Plymouth is quite loud and, including fireworks, extends into the late evening. I am also concerned about traffic congestion associated with concerts at the amphitheatre, crowd control,. unauthorized use of the Town Square parking lot, and so on. Although I am sure the city of Plymouth has its sights set on income from the rental of the outdoor amphitheatre, as a long time resident I can think of much more appropriate ways of raising revenue. The senior citizens planning to move into Town Square deserve your thoughtful consideration of their rights, and at a minimum they should be told as they apply for housing there that the city is considering allowing concerts right across the street from their potential new home. It would be unthinkable to allow them to move in and tell them about your plans later. Before n, use of the amphitheatre, the city should set down very specific ground rules for its use and publish those for any Plymouth resident (especially those in close proximity to the site) to see. 1 would appreciate knowing when and if this is scheduled for discussion at an upcoming city council meeting, so that 1 could attend and express my views in person. Sincerely, (4-ean M. Thompson i CITY OF May 4, 1994 PUMOUTR Ms. Cathy Schmidtke 11215 46th Place North Plymouth, MN 55442 SUBJECT: USE OF CHEMICALS ON LAWNS Dear Ms. Schmidtke: I am responding to your recent letter to me expressing your concerns about the use of lawn chemicals in the City of Plymouth. It's always nice to hear from new residents who are interested in maintaining a high quality of life standard in Plymouth. The City has been considering the issue of lawn chemicals and the effects they can have on the city's ponds and lakes. In late 1991, the City Council established a Water Quality Committee comprised of volunteers with the primary objective of finding ways to preserve the quality of Plymouth's area lakes. The committee soon discovered that one of the best ways to protect the city's lakes is through the use of low or no phosphorus type of lawn fertilizers. Equally important is the proper method of fertilizer application. Throughout 1992 and 1993 much of the Water Quality Committee's efforts were directed at educating the citizens of Plymouth on proper lawn care techniques. They also promoted the soil analysis program through the University of Minnesota which provides individual homeowners with the recommended amount of fertilizer for their lawn based on their soil needs. Through this program, it was discovered that only very low levels of phosphorus are needed to maintain healthy lawns in the City of Plymouth. The Water Quality Committee has been promoting these findings through articles in the City's Plymouth News and the Plymouth Sailor. It is hoped that by minimizing the use of phosphorus we can maintain or improve the water quality in the city's lakes and ponds. In addition to promoting minimal phosphorus use, the Water Quality Committee has also promoted proper lawn care. This includes proper mowing techniques and leaving grass clippings on the lawn which lessens the need for lawn fertilization. While there is no City ordinance restricting the amount or frequency of use of lawn chemicals, we will con,,;+.4xe t<, ate �aua � ducat Tonal effort., .:1i,,:d mope for a positive .response. We Listen • We Solve • We Care Ms. Cathy Schmidtke May 4, 1994 Page Two If you are interested in learning more about the City's volunteer Water Quality Committee, you are welcome to attend the meetings which are typically held on the first Tuesday of each month at 7:00 p.m. in the Council Conference room. For further information you can contact City Engineer Dan Faulkner at 550-5071. Thanks again for your concern and keep reading the Plymouth News for future information on lawn care. Sincerely, Joy Tierney Mayor v✓��"� �cr�l u.o2�' 9ov/�y jurru�� —7-�(3UJ U`2, 0 -c 6 ; t� 1841; Hol 1 y Ln . hJ . Plymouth, MN 55447 March 24, 1994 City Offices f Minnetonka 14600 Minp,4tonka Blvd. Minnetwrra, MN 55447 Dear it or Madam: I am an eleven year old fifth grader. I go to Oal::wood Elementary School. APR 2 7 1994 I am very concerned about our beautiful environment and what we have left of it. For example, there is a pond where the deer used to drink:. Then right next to this beautiful pond a development was built. Now all the deer have left this peaceful pond because of all the noise and all the people. I think: you should take quiet ponds like this and male sure developments don't grow near enough to ruin an animal's home. This development will grow bigger and bigger until all the trees are gone. You wont be able to see this quiet pond anymore because it will be in someone else's backyard. We are all part of this beautiful world, and each and every one of us deserves a home. ;;Sincerely, Meghan M. Lawless Meghan M. Lawless 1840 Holly Lane. N. Plymouth, MN 55447 Dear Meghan: Thank you for your letter expressing your concerns about our environment. Preserving trees, ponds and places for wildlife as our city continues to grow is a challenge that is of great concern to me and the rest of the Plymouth City Council. Every year, more and more people find that Plymouth is a beautiful place to live and want to make their homes here. We are working on developing new laws to preserve our ponds, wetlands and trees, to make sure that we do not lose that beauty as new neighborhoods are built. Hearing from residents, especially our younger citizens, on these important issues is very important to our city government. Thank you for taking the time to write to me. Sincerely, o / /� Joy Tierney Mayor plankorres\505%mlaw.doc We Listen • We Solve • We Care 4d(Nl PI WAnl ITW PnI 11 C\/ADn ni vn eni 1T1 t RAtn M f r n INS A rrA A� - — --- 11 1 ^1 ter.. -I H. Todd Van Dellen State Representative District 34B Hennepin County COMMITTEES: GOVERNMENTAL OPERATIONS AND GAMING; STATE GOVE April 29, 1994 Ms. Laurie Rauenhorst, City Clerk City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Ms. Rauenhorst: (--1- YVL Minnesota House of epresentatives 4I* FINANCE; TAXES is r Thank you for your resolution regarding term limits. I appreciate hearing from you, and am glad you took the time to voice your opinion on this issue. There have been a couple of bills introduced in the House during this session to allow the people of Minnesota to vote on a constitutional amendment which would limit the terms of the governor and all legislators. One of these bills was referred to the Rules and Legislative Administration Committee. A similar bill was introduced in the Senate, but was defeated by the DFL members of the Senate Government Operations and Reform Committee. I feel the people of Minnesota should decide if they want term limits imposed on their elected officials. My colleagues and I do not intend to force term limits on Minnesota voters; rather, we would allow all Minnesota residents to make the choice. We want you, as a voter, to tell us how you wish to be represented. Other term limits bills have been refused a hearing by chairs of committees, and the Senate Government Operations and Reform Committee allowed six votes to defeat this bill. Governor Carlson, and we in the IR House Caucus are working hard to ensure voters will be heard on this subject. Our efforts have been fought by those individuals who seem to be afraid of what their constituents will say. This issue has clearly defined who feels that the best government is the voice of the people, and who does not. Again, thanks for calling. If you have any other questions or concerns, please feel free to contact me again. Sincerely, Je� Todd Van Dellen State Representative 14095 37th Place North, Plymouth, Minnesota 55447 (612) 553-9088 State Office Building, St. Paul, Minnesota 55155 (612) 296-5511 t� House Fax (612) 296-1563 TDD (612) 296-9896 S Association of Medicine Lake Area Citizens May 10, 1994 Mr. Eric Blank Director of Parks & Recreation City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Medicine Lake Spring Cleanup May 7, 1994 Dear Mr. Blank: =..-j— >K On behalf of AMLAC I would like to thank you and the City of Plymouth for helping out with this year's spring lake clean up. Thank you very much. Very truly yours, Bruce W. Larson Treasurer of AMLAC 4717 IDS Center 30 South Eighth Street Minneapolis, MN 55402 BWL/wjr George F. Wilson 430 Zinnia Lane North Plymouth, MN 55441 RE: LETTER TO MAYOR TIERNEY ON PROPERTY VALUATION Dear Mr. Wilson: Thank you for your recent letter in which you shared your concerns and information. I am always concerned with equalization when it pertains to valuation. Equalization is measured through ratio studies conducted by our office, Hennepin County, and the Department of Revenue. A measure of the equity of the property assessment is the coefficient of dispersion. In residential mass appraisal, the coefficient of dispersion of less than 15 % is acceptable and less than 10 % is considered excellent. Our coefficient of dispersion in this year's study of 724 residential sales is 6.640%. This is also comparable to other jurisdictions of our size in Hennepin County. The City of Plymouth is growing at a very rapid pace. Each year there are more and more new homes and businesses. There are also many permits issued for improvements to the existing housing stock and businesses, which must be reviewed and evaluated by the assessing staff. In addition, one-fourth of the existing housing stock needs to be reviewed and reappraised each year. It is becoming increasingly difficult to complete the assessment with the current number of assessing staff. I am hopeful that additional staff may be hired to ensure that the assessment is consistent and equitable for all property owners. I believe that the Mayor and Council are aware of the many needs of the City and are addressing them. Thank you again for your letter. Sincerely, Nancy Bye, CAE City Assessor E We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 .-.�_ t-.�.Q� -14 i -P It i( ,� Mayor Joy Tierne City of Plymoutk Plymouth, MN 554 Dear Mayor Tierney: 430 Zinnia Lane N Plymouth, MN 55441 19 April 1994 I did not have to look at to many homes in Plymouth to find out one very interesting thing. The amount oftaxes paid on newer homes seemed much higher than the amount paid on older homes of the same price range. I understand that different taxing districts account for some of this, but in looking at the PID book at the library and looking at the current tax figures a few weeks ago�at City Hall, I would like to share with you what I see. I am a bit reluctant to bring this before the City Council at a public forum. Let me also state that I do not have a probien: with my current market value on my new home. I think it is a fair assessment. I started making a list of first of all hothe comparable homes from which Norwest Bank based its vaiue of my home. Then I started keeping track of homes sold and sale price from the PlNmouth Sun Sailor and Minneapolis Star Tribune. Attached.vou find a listing of those properties and their values for 1993 and 1995 payable taxes. You will see it does vary greatly. I also have talked with the City Assessor Nancy Bve. It concerns me with some of what she told me. I was told that her staff has about the same number of Puople to do the job as it did back in the 1960's. Yet we all know the workload has changed a great deal with a 1 1 the riew homes and business's. 1 also found out that the cities assessment is based on the value of the land and the value of the home. But the land values all seem very low, they do not seem to have anythin iz TO do with the amount of land a person has. I guess lots cin lakes are valued higher. In my own riei,,hborhood my lot is valued at only 521,000 but the contractor Paid S25,000 from Carlson Properties for the lot and then had to make improvements (sewer. water hookups, etc.). Norwest valued the lot at 535 a .000. My home is vaiued by the city higher than the bank. so the final mount is about the same. I also see from the PID bool•; that neighbors lots are valued lower, those values set years ago whets the lot was plated. I asked the assessor why the lot values differed so much and why the lot acress the str;et Wzts valued so much lower Alan mine. I was told they did riot values. have staff to update the We have 1 ivied in Pl,vmouth now for almost 19 VearS. Until =ase October we lived on loth Ave North. That home to the best sh mV knowledge was only gone thru by the city twice. ��nce shortly after we moved in anti last year. The_v did revalue for'a deck we added but dial not come thru the house t th;;t time. Last year the difference between appraised ;luc: 'roil t' -'x value was SS200. based on the walk the a last `far in 1996 the home will be valued for tuxes at over !UO` of selling Price. So you see many, many years that home like many other older homes in Plymouth paid lower taxes. From what I could findout this is reason for the differences in tax value. To revalue a home only twice in almost 20 years is not right. It is also unfair to ask owners of newer homes to pay higher taxes for City, County and Schools than we ask the owners of older homes of comparable value. I hope you will discuss this with your council and come up with a plan to make the market values for taxes fair and somewhat equal in our city. Sincerely yours, George F. Wilson PROPERTY ADDRESS SELLING PRICE 92 Value Difference 94 Value Difference 2205 29th Ave 169,000 137,900 32,000 148,200 20,800 430 zinnia Lane, 164,000 152,400 11,600 162,000 2,000 Our Home 12512 Sunset Tr. 167,000 125,900 49,000 163,900 3,100 Norwest Compare 12215 Sunset Tr. 168,395 134,200 40,800 161,500 6,895 15635 17th Place 171,000 115,500 36,400 152,300 18,700 2335 Walnut Gr 165,000 139,300 25,700 163,400 1,600 18525 23rd Ave 165,500 125,900 39,600 136,000 29,500 11735 52nd Ave 165,000 139,300 25,700 150,900 14,100 13005 56th Ave 167,000 136,100 30,900 146,800 20,200 18105 17th Ave 167,000 140,300 26,700 151,600 15,400 940 Garland Ln 159,900 113,300 46,600 143,800 15,200 +30 Vinewood Ln 167,000 126,400 40,600 136,400 45,800 13025 12t: Ave 164,000 131,800 32,200 144,000 20,000 16935 21st Ave 160,000 147,900 44,300 160,400 400+ 310 Merrimac Ln 165,000 129,600 35,400 135,200 29,800 'he following are homes we looked at in Plymouth, but are unsure as to their selling price so the figures may be off slightly n the selling price and differences but I don't think anymore than a few thousand dollars. 25 Merrimac 169,900 129,800 40,100 140,100 29,800 2205 29th Ave 169,000 137,900 32,000 148,200 20,800 831 Black Oaks Ln 174,900 146,300 28,600 159,600 15,300 8525 23rd Ave 174,900 125,900 49,000 136,000 54,200 750 Shadyview Ln 175,000 134,200 40,800 146,800 28,200 6490 22nd Ave 151,900 115,500 36,400 124,700 27,200 15 Queensland Ln 169,900 137,700 32,564 145,300 24,600 2715 30th Ave 168,000 130,300 37,700 140,900 27,100 ate: Tax 92 Value is for taxes payable in 1993, and Tax 94 Value is for taxes payable 1995. May 10, 1994 Mayor Joy Tierney, City Council Members and City Manager Dwight Johnson City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Tierney, City Council Members and Mr. Johnson: Our family lives in Pheasant Hills located in Plymouth and near 36th & Zachary Lane, in Ward 4. We have received notice that Zachary Lane may be widened. We would strongly urge your office to vote NO on this. We are requesting the following: 1. Reconstruct Zachary Lane as a two (2) lane, minor collector, with curb and gutter. Having Zachary Lane classified as a minor collector will ensure that future projects will keep Zachary Lane two (2) lanes for the purpose of serving local neighborhoods. Having curb and gutter installed will prevent toxic run-off from poisoning our few remaining wetlands and prevent local pets and wildlife from being poisoned if they drink standing water. Two (2) lanes is more than adequate to handle local traffic. Two lanes will prevent excessive speeds from increasing noise levels, and therefore decreasing the quality of life in neighboring homes and forcing wildlife to areas less likely to be disturbed. Most importantly, two (2) lanes will discourage traffic from using this route (26th Ave. No. to E. Med. Lake Blvd. to Zachary Lane) as a bypass to Highway 169. 2. Construct elevated walking/bike trails on both sides of Zachary where feasible. These trails are necessary so that children and all other bikers and pedestrians can safely travel from neighborhoods to area parks and school without the fear of being run down by speeding motorists. 3. DO NOT construct Zachary Lane in the manner of 36th Ave. No with so called bike paths built as the shoulder of the street. These so called bike paths, which in reality are turn lanes for cars and trucks, do not provide the safety that we must have for our children walking and biking to and from parks, schools and friends' houses. 4. Lower the speed limit on Zachary Lane to 30 mph and then enforce it. Add stop signs where necessary to allow children to cross to parks and schools. 5. DO NOT allow the temptation of State aid to permit the State or County to impose the responsibility of traffic relief of Hwy. 169 on the City of Plymouth. The State should not be using our backyards for an easy way around the inadequacy of Hwy. 169. Please act in the best interests of us, Plymouth residents, and make the State fix their own problems of the inadequacy of Hwy. 169 by expanding it to four (4) lanes in each direction. Widening Zachary Lane will bring more cars down that road, which pass by 3 schools with thousands of children. We need and must have safety for our children. Please vote NO. Sincerely, �� Daniel and Lynn Schroeder and children 10925 - 38th Ave. North Plymouth, MN 55441 ph: 546-0250