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HomeMy WebLinkAboutCouncil Information Memorandum 09-07-1990i e CIN OF PLYMOUTtt CITY COUNCIL INFORMATIONAL MEMORANDUM September 7, 1990 PJ=CLING CASH DRAWDFG $400 WINNER Mr. & Mrs. McDermott 10305 - 41st Avenue No. Next Week: $100 UPCOMING MEETINGS AND EVENTS.... 1. COUNCIL PHOTO -- Monday, September 10, 5 P.M. Just prior to the Council study session, the Communications Coordinator will be taking a group photo of the Council for inclusion in the next issue of the Plymouth News. 2. COUNCIL STUDY SESSION -- Monday, September 10, 5:00 P.M. City Council study session in Council conference room. 3. COUNCIL MEETING -- Monday, September 10, 7:00 P.M. Regular City Council meeting in the Council Chambers. 4. PRIMARY ELECTION -- Tuesday, September 11. State Primary Elections, 7 A.M. - 8 P.M. The City Center information counter will be open Saturday, September 8 from 1-3 P.M., and Monday evening, September 9 until 7 P.M. for absentee balloting. Attached is a memo from Laurie Rauenhorst on the availability of voting results on election night. (M-4) 5. WETLANDS SUBCOMMITTEE -- Wednesday, September 12, 7 A.M. A Regulations Subcommittee of the Wetlands Task Force 0 will meet in the City Council conference room. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MM40RANDUM September 7, 1990 Page 2 6. PLANNING COMMISSION -- Wednesday, September 12, City Council chambers. The Planning Commission Forum will begin at 6:45 P.M., with the regular Planning Commission meeting following at 7 P.M. Agenda attached. (M-6) 7. PRAC -- Thursday, September 13, 7:30 p.m. The Park and Recreation Advisory Commission will meet in the City Council chambers. Agenda attached. (M-7) 8. LMC REGIONAL MEETING -- Wednesday, September 12. The LMC regional meeting will be held at the Oak Glen Country Club in Stillwater. Agenda attached. (M-8) 9. METRO COUNCIL REGIONAL MEETINGS -- Wednesday, September 19, and Wednesday, October 3. Steve Keefe, Metropolitan Council Chair will host two breakfast meetings for local officials in Hennepin County. The September 19 meeting will be held at T. Wrights in Wayzata, and the October 3 meeting will be at the Days Inn in Brooklyn Center. You may attend either of the meetings. A copy of the meeting notice is attached. (M-9) 10. MEETING CALENDARS -- The September and October meeting calendars are attached. Meeting times for the October joint meetings with School Boards have been changed - the October 8 District 281 meeting will begin at 6 p.m., and the October 29 District 284 meeting starts at 5:30 p.m. (M-10) FOR YOUR INFORMATION..... 1. QUAIL RIDGE UPDATE -- The following work has been accomplished this week: 1. All of the street repairs have been completed in order that the final wearing surface can be applied to the streets. 2. On Thursday, the final wearing surface was completed on approximately three-fourths of the streets. The contractor will complete all of the wearing surface on Friday, weather permitting. The contractor was at the site with all of his men and equipment ready to start work as soon as the rain stopped and they were able to get the streets dry. CITY COUNCIL INFORMATIONAL MEMORANDUM September 7, 1990 Page 3 3. Within the common open space, the area northerly of the pond has been regraded to provide the necessary drainage swales. Next week the contractor will continue with regrading the area south of the pond to provide the necessary drainage swales and remove the stockpile of dirt. According to Fred Moore, with the amount of work completed this past week, the developer should have no problem completing all the work by September 21 if they continue at the same activity level. 2. SCHOOL DISTRICT LEVIES -- The following information is provided in response to the Council's directive on the percentage of school district levies funded by Plymouth residents: School Total Tax Plymouth's Tax Plymouth Value District Cap. Value Capacity Value as % of Total 270 107,664,421 4,809,268 4.47% Hopkins 279 62,645,149 5,285,984 8.43% Osseo 281 79,125,167 14,729,980 18.62% Robbinsdale 284 75,511,817 42,682,298 56.52% Wayzata 3. KING NORTH ADDITION DRAINAGE CONCERN UPDATE -- On Tuesday, September 4, Fred Moore met with Jeff Shopek, engineer consultant for the developer of the Kings North Addition. Attached is a memo from Fred on the results of the meeting. Also attached is a letter received from Joseph and Patrice Kern, and Joel and Kathy Holger on their concerns and recommended solutions to this matter. (I-3) 4. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-4) 5. SEPTEMBER 24 PLYMOUTH FORUM -- Ms. Cheryl McRoberts telephoned Mayor Bergman with respect to traffic concerns she has regarding West Medicine Lake Boulevard. She has agreed to appear at the September 24 Plymouth Forum to discuss her concerns and those of AMLAC (Association of CITY COUNCIL INFORMATIONAL September 7, 1990 Page 4 Medicine Lake Area Citizens). I have requested that she supply any written materials on this subject in advance of the Forum in order that the City Council would have the opportunity to review the materials. 6. LEGAL OPINION: ABSTENTIONS -- At the request of Mayor Bergman, Jim Thomson has prepared the attached legal opinion on what constitutes valid reasons for council abstention from voting. Jim's letter addresses the various conflict of interest situations, and those of voluntary abstentions. (I-6) 7. INQUIRY ABOUT BINGO AND CHARITABLE GAMBLING -- Laurie Rauenhorst received an inquiry from an individual interested in establishing a combination bingo and charitable gambling (pull tabs) operation in Waterford Park Plaza. A copy of Laurie's memo on the inquiry is attached. (I-7) 8. PRESS RELEASE: HOME IMPROVEMENT GRANT -- A copy of the press release on home improvement grants available through the Plymouth HRA is attached. (I-8) 9. COUNTY ROAD 6 UPDATE -- The attached construction update was mailed to residents today. (I-9) 10. FOLLOW UP TO SIGHT OBSTRUCTION COMPLAINT -- The Mayor received a complaint from a resident on August 17 of high grass/weeds at the corner of 45th and Lanewood Lane. Attached is the weed inspector's report noting that the weeds were out on August 31. (I-10) 11. FOLLOW UP TO CUSTOMER SERVICE LINE CALL -- Attached is memo from Tom Vetsch on his follow up to a resident call concerning a chemical substance on the roadway. (I-11) 12. MINUTES• a. Elm Creek Watershed Management Commission, July 11, 1990.. (I -12a) b. Shingle Creek Watershed Management Commission, July 12, 1990. (I -12b) 13. POLICE EXPLORER CONFERENCE -- Attached is a report from Plymouth Police Officer Scott Streachek on attendance at the National Law Enforcement Explorer Conference. Scott and his wife accompanied four Plymouth explorers to the conference in Colorado. (I-13) CITY COUNCIL INFORMATIONAL MEMORANDUM September 7, 1990 Page 5 14. BZ CORRESPONDENCE -- I have received the following correspondence on City employees: 15. a. Letter from Frank Harris, Minnesota State Bar Association, thanking Dick Carlquist for his participation in a recent Criminal Justice Institute. (I -14a) a. Letter to John Bolton, 14310 46th Avenue North, from City Attorney, concerning liability for maintenance of areas adjacent to public rights-of-way. (I -15a) b. Letter from Mike Kuehn, Community Relations Coordinator, RTB, to Frank Boyles, on their August 21 meeting on metropolitan area transit activities. (I - 15b) c. Letter from Stanley Hemphill, Hardrives, Inc., responding to City Manager's letter on a Hardrives employee's behavior (I -15c) d. Letter to Mary Ann McCoy, Executive Director, Ethical Practices Board, from City Manager, opposing proposal to adopt rules on economic interest disclosure. (I - 15d) e. Letter from Minnesota Pollution Control Agency, to Armstrong Senior High School, approving the cleanup procedures performed in response to a petroleum tank release at the High School site. (I -15e) f. Letter from Janice Mileo to Park and Recreation Department concerning team assignments for girls soccer. A response from Mary Bisek is also included. (I -15f) g. Letter to Jim Thomson from Blair Tremere requesting a legal opinion on the statutory authority of the HRA. (I -15g) h. Letter responding to Barbara Solyst, Amhurst Homeowners Association, from Blair Tremere, regarding Outlot A of Amhurst 3rd Addition. (I -15h) James G. Willis City Manager C CITY OF PLYMOUTH FOR IMMEDIATE RELEASE FOR MORE INFORMATION: September 6, 1990 Dick Pouliot, 550-5083 PLYMOUTH RECYCLER WINS $400 Mr. and Mrs. McDermott of the 10300 block of 41st Ave. N. won $400 in Plymouth's weekly recycling drawing just for having recyclables at the curb by 7 a.m. on Sept. 6. The prize money for Sept. 12/13 will be $100. To be eligible to win the "That's Not Trash, It's Cash" prize money, have your properly packaged'recyclables at the curb by 7 a.m. on your recycling day. The area west of I-494 is collected each Wednesday. The area east of I-494 is collected every Thursday. The city of Plymouth sponsors the weekly $100 drawing. One address is randomly selected for each week. On recycling day the address is checked to see if recyclables are at the curb. If recyclables are at the curb, the household wins $100 or the amount that has accumulated from previous weeks. If recyclables are not at the curb of the selected address on recycling day, the $100 is added to the next week's prize money. Plymouth offers curbside collection every week for paper, aluminum and metal cans, glass containers and brown corrugated cardboard. To find out to start recycling, call 550-5070. CIM SEP - 7 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 5, 1990 TO: Candidates and Interested Persons FROM: Laurie Rauenhorst, City Clerk SUBJECT: ELECTION RESULTS So that everyone can get election results as quickly as possible on election night, they will be available as follows: RNEEMK '• - - �j.-� 11 • 11 • �� After 1:00 p.m. and 6:00 p.m., candidates may call 550-5000 to receive the total number of voters by precinct. Vote totals by candidate will not be available. II. After Polls are Closed 8:00 p.m. A. Results for each candidate will be posted in the City Council Chambers by precinct after they have been verified. We ask that anyone waiting for vote totals at the City Center do so in the Council Chambers, not in the office area. Please convey this to your representatives. Coffee and snacks will be available for your convenience. Telephones in the lobby and lower level lunchroom have been designated for your use. Please keep your calls brief so that everyone can have phone access. B. Results by precinct and candidate will be available by calling the City Center 550-5000. The switchboard will remain open one-half hour after the last precinct has reported. I have asked judges not to call candidates from -the polls... The resulting calls would be time consuming and would delay the returns. All of the results will be unofficial. Election results do not become official until the Canvassing Board certifies the results. CIM SEP ;� PLANNING COMMISSION MEETING AGENDA WHERE: Plymouth City Center WEDNESDAY, SEPTEMBER 12, 1990 3400 Plymouth Boulevard CITY COUNCIL CHAMBERS Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 1. CALL TO ORDER 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS 6:45 P.M. 7:00 P.M. August 22, 1990 A. 1991-1994 Capital Improvement Program B. Markham Sporting Goods. Rezoning, Conditional Use Permit, and Variance for Markham Sporting Goods located north of Highway 55 and west of Peony Lane (18110 Highway 55) (90041) C. Richard Deziel. Rezoning and Final Plat for the "Oxbow Ridge 2nd Addition" locate south of the south terminus of 46th Avenue North west of Vicksburg Lane (90077) D. Super Valu Stores, Inc. Amended Mixed Planned Unit Development Plan for "Cub Foods" in the Plymouth Hills Addition located at the southeast corner of 36th Avenue North and Vicksburg Lane (90079) E. Linda Hopkins. Amend Existing Conditional Use Permit for the "Peppermint Fence Nursery School" at St. Philip the Deacon Church to Change the Name of the School Operator located at 17205 County Road 6 (90083) F. U.S. Homes Corporation/Thompson Land Development Division. Conditional Use Permit to Permit Stockpiling and Land Reclamation at the southeast quadrant of Medina Road and the Plymouth City Limits (Brockton Lane) (90086) G. Continuation of Public Hearing for Amendments to Zoning Ordinance from June 26, 1990 Meeting. (1) Flood Plain Regulations 4 Planned Unit Development Attributes 6 Temporary Real Estate and Other Signs 6. NEW BUSINESS A. Craig Scherber. Reconsideration of PUD Concept Plan for Stone Creek located southeast of Medina Road and Highway 101 (90037) B. Laukka/Parkers Lake North 6th Addition. PUD Final Plan/Plat located at the Northwest corner of 18th Avenue North and Shenandoah Lane (90066) C. OPUS Corporation. Amended PUD Plan and Conditional Use Permit for Project Monument Signs at "Bass Creek Business Park" located at the northwest quadrant of County Road 10 (Bass Lake Road) and State Highway 169 (90080) 7. OTHER BUSINESS A. Joint Meeting with City Council, October 1, 1990, 5:00 P.M. 8. ADJOURNMENT M-6 �1i 01l SSP 7'9iu Regular Meeting of the Park and Recreation Advisory Commission September 13, 1990, 7:30 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. Playfields b. 46th Ave trail - award bid 5. Unfinished Business a. Discussion of non-resident use of playfields b. Bass Lake Playfield update c. Parkers Lake Playfield update d. Swan Lake Park update e. West Medicine trail update 6. New Business a. Norma Lewis land - West Medicine Park update b. Forster's land - Zachary Playfield update c. U.S. Homes land - future playfield update d. Discussion of special facilities•- Comprehensive Plan e. 1990-91 ice rink locations - committee report 7. Commission Presentation 8. Staff Communication 9. Adjournment Next regular PRAC meeting - October 18 CIM SEP - 7'90 ow League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101.2526 (612) 227-5600 (FAX: 221.0986) 1990 League of Minnesota Cities Regional Meeting Program Afternoon Program 2:30 - 2:45 pm Update on Underground Storage Tanks 2:45 - 3:00 pm Follow-up on Small Cities and Townships Accounting System 3:00 - 3:15 pm Truth in Taxation Requirements for all Cities 3:15 - 4:30 pm Youth & Tobacco -- Presentation by the Minnesota Smoke Free Coalition Community Drug Prevention and Awareness Programs -- Minnesota Office of Drug Policy 4:30 - 5:00 pm Roundtable Discussion Community Recycling and Waste Reduction -- Does your city have a program that works? Evening Program 6:15 - 7:15 pm 7:15 - 7:30 pm 7:30 - 7:45 pm 7:45 - 8:00 pm 8:00 - 8:15 pm 8:15 - 8:45 pm 8:45 - 9:00 pm Dinner Host City Welcome LMC President's Message -- Robert Benke, Mayor, New Brighton Video - "Cities and the State: A Mixed Perspective" Reflections on State/Local Relationships Discussion/General Questions Legislative Candidates *See enclosed Notice/Registration form for golf outing. CIM SEP —75' CIM AUG z 4 elm WG 17 990 CI��1 AUG 10 '90 M -q METROPOLITAN COUNCIL Mears Park centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 REGIONAL BREAKFAST MEETINGS FOR LOCAL OFFICIALS IN HENNEPIN COUNTY Metropolitan Council Chair Steve Keefe invites you to his annual regional breakfast meetings for local officials in Hennepin County. These meetings will provide an opportunity to talk about the issues the Council is dealing with and for you to express your ideas about the Council and its work - Chair Keefe will discuss the Council's priority projects for next year, and some, of the metropolitan issues the Council thinks the legislature may address in 1991. Council members are also interested in hearing what you think the Council is doing right, what it is doing_ wrong and what it should be doing in the future. Two meetings are scheduled for local officials in Hennepin County. You may attend one or both of these meetings. Following is the schedule. WHEN: Wed., Sept. 19, 1990 7.•30 - 9 a.m. WHERE: T. Wrights 3310 S. Hwy. 101 Wayzata COST: $4, includes breakfast, tax and gratuity WHEN: Wed, Oct. 3, 1990 7.•30 - 9 a.m. WHERE: Days Inn 1501 Freeway Blvd Brooklyn Center COST: $6, includes breakfast tax and gratuity i 0M SEP RSVP BY: Sept. 14 RSYP BY Sept. 28 To RSVP, please call Bernadine Scott at 291-6500. tD N T t0 a - e- N D It m Ln a F N m 0, C M O n a 0 3 '' N M W m O N QI m N o l' o O r N N i M n •a- C.4 CO co }C W LU LU 1 1 l_ �a�aoln '' �•' N f Q M o n a D M = N 01 m M o N M Of O r OD U9 N Of N> N N 0 n > N N • Q H o N N D CS! mto m N H M- to D a_ Y i Q 0 D 'b O cn LA N d7 M r 00 r N N 00 Q LL r 00 I� N N m Q LD Z z x Hi W� 3 U) LLJ ACL W D = U OO ~ O (0 N N z H 0 LO U N U O LV O �ZO z O ZO 0 1._q^ P-1 ~ LU 9 N Z o cx� C� O O o (D Z J cm LO r LL_ a r as r� N a Q o z LU U � 00 LO r r w r N a P-8 S a a Q cn u1 O � 0 _U U C) O Q6L0 MN r7 Zi O O O� 0 O U H ¢1l, Q^ � O >_ 4 U O W F= CM U r U cn W F— �� r N O L�� z W m 1 Q 0 7 D U SEP - 7 N Tien N � N 0 a b • f � � r N O H � . E N Of } N � m N N Q O m N N cc Cf)cr- O 45 r n OD H CC W N Q m a cn M r. LU N (0 � N O 2 a 2 IA 04 Ql N Q>Q < O Z N � M o � m •' N N } < :� if �l f O U cc LL w � N 0 a b O H W N N � N 0 a H z Cf)cr- W H a a M IiJ r W w Z cc cc c CC L G 3WQ L L J LOULL VC s W C3 O O O O W Z M W O o • � Q� r N o_ � M M � ��� O C7 _Z Z a V C C) W p H m V- M O a � rl_o N M U CL 000 UM H p,' 00 Cl. Z� C C) U H v } 0 V a = 0_ j U H N zz C!1 v Z O ►-r •+ cn p HZo 00 oA OOCL MUCD w^ H 0ALDP4 u'1 U � LLI 1- •- CO Ln N N O H H Qty Q� PL4 Q n � �--� H O� O �U 3w d7 ov N N LO CD w� o LO C>W F -N N h cn � cx) r FO- CC �P+ O F Of W W N go 3 } rL j a- N Q W ~ Z h f7 r N p 00 /� r "°'FNMr- N N xi if CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 7, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: KINGS NORTH ADDITION DRAINAGE CONCERNS UPDATE On Tuesday, September 4, I met with Jeff Shopek, an engineer with Merila and Associates, who is the consultant for the developer of the Kings North Addition. We went over in detail the drainage swale problem along the south boundary of the development. We also reviewed the entire drainage patterns out at the site. Mr. Shopek will have to me by Monday, September 10, his design calculations on the amount of water which will reach the existing 18 inch pipe behind the Loehr's property, if we receive a large rainfall event. He will also be determining the capacity of the existing 18 inch storm sewer to carry this flow. Based upon the data supplied to me, I will then prepare cost estimates for a final recommendation on the solution to the drainage problem. FGM:kh elm SEP - 7 1 August 30, 1990 Honorable Kim Bergman, Mayor CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Bergman: M3 Thank you for the recent opportunity to address the Plymouth City Council about the drainage concerns in the Kings North Addition. We -appreciate the time that the Council has spent on this issue and acknowledge the efforts of City staff to find reasonable solutions for our neighborhood. Unfortunately, we believe that several areas of concern became intermingled to the point that residents did not clearly identify a specific request of the City. Therefore, we would like to take this opportunity to revisit the issue of the open ditch storm sewer link through the properties at 14305 46th Avenue North and 4580 Glacier Lane. The ditch is an integral part of the City's storm sewer drainage network. This is not a ditch intended to solely drain surface runoff from the adjoining properties, nor is it intended to be just part of a lateral system draining a small neighborhood area. Instead, this link is part of the area -wide trunk system for storm drainage covering a large portion of the Kingsview Heights neighborhood to the south and some of the areas east of Fernbrook Lane as identified in the City's Comprehensive Storm Drainage Plan. Since the ditch is part of the City's storm drainage system, we believe that the City must ensure that the ditch will be able to handle the flows it was intended to carry. This is certainly not the homeowners responsibility. To date, this has not been the case. Ditch overflow problems are a constant concern for the three yards that adjoin the ditch, the Holgers, Polhemus and Kerns. In late August, 1989, the Kern property received substantial damage from water flowing well outside of the easement. Additional topsoil had just been brought in and the area was freshly seeded. The overflow from the ditch at that time approached to within 20 feet of the residence. With the overflow went the topsoil and seed. The ditch was cleaned out following this incident but the capacity of the ditch again was exceeded during the March, 1990 storms. The capacity of the ditch at the inlet area has also been exceeded as water backed up onto the Kern property during the July and late August, 1990 storms. Claims for property damage have not been filed as yet as the City and homeowner limits of liability are not clearly understood. QM SEP 'J Honorable Kim Bergman, Mayor M-3 - 2 - August 30, 1990 In addition, we are not clear on the issue of liability for personal injuries that may arise from someone suffering injuries while playing or working in the ditch. Since this ditch is a City facility, we believe that the City bears all liability. The current drainage ditch is well outside of its 20 foot easement as it is almost 30 feet from the rear property line at its widest point. The pipe inlet at the west edge of the property is also outside of its 20 foot easement. The open ditch is very dangerous as the area is a magnet for small children wanting to play. The sharp drop-off from level backyards to the west to a depth of almost 3 feet at the pipe inlet along with the open grating at the pipe inlet are constant dangers for children. The drop-off at the storm sewer outlet from Fernbrook to the beginning of the ditch is even more severe. The slope faces of the ditch continue to erode and the saturated clay soil along the ditch is not capable of supporting the weight of anyone walking along or through the ditch. This danger is heightened significantly when the rain begins to fall as a small amount of precipitation, results in substantial flows given the vast area from which it gathers stormwater. The open ditch rarely dries out, is a wonderful habitat for insects and toads, and every type of pollutant that falls on the nearby streets is carried through the ditch. Following is a review of the options available to resolve these problems: Option 1: Do Nothing We feel this option is totally unacceptable as home owners for our neighborhood. We believe it would be very difficult to find a period of time sufficiently dry to attempt to regrade the area and then start grass seed or sod. Seed will wash with the smallest amount of rain and each piece of sod would need to be staked or it would potentially wash out and block the pipe inlet downstream.: The open ditch drainage technique for a link in the storm sewer system may have good application elsewhere but not as part of the trunk system for storm drainage through neighborhood backyards. We feel that we have not received equitable treatment with other city residents in this case and to do nothing is unacceptable. OM SEP - 7 '*J M-3 Honorable Kim Bergman, Mayor - 3 - August 30, 1990 Option 2: Relocate the Open Ditch to Within Its Easement The original developer would be required to dig a new ditch to be located entirely within the 20 foot drainage easement. This option would result in the loss of several trees currently located near the rear property line according to the City's Director of Public Works. No other conditions would change and we would still be left with a potentially dangerous and unreasonable situation. This option is also unacceptable. Option 3: Replace the Open Ditch with Concrete Pipe This is a relatively expensive option according to the Director of Public Works. Even with this expense, we feel this is the best solution for the neighborhood. The pipe requirements are dependent upon the solution chosen for the downstream problems. Provisions for surface runoff and storm overflow drainage also need to be addressed. Therefore, we ask that the City authorize and oversee a construction project to replace the open ditch storm sewer segment running through the easement of Lots 25 and 27 of Block 2 of the Kings North Addition with an appropriately sized concrete pipe segment with provisions necessary to drain surface runoff from the immediate neighborhood. Since this ditch is part of a trunkline storm drainage system primarily serving a larger watershed we feel it is reasonable for the City to complete this work. We are available to meet with you and city staff to discuss the matter as may be necessary. A matter related to the open ditch is the need for severe storm overflow protection for the Kerns. In a memorandum from Fred Moore, Director of Public Works to James Willis, City Manager dated August 15, 1990, entitled Drainage Concerns Kings North Addition, Mr. Moore identifies the need to address the drainage swale issue for the properties to the west as the current configuration does not provide an adequate safety factor for large rainfall events. In other words, the Kerns stand a high probability of flooding unless corrective measures are undertaken. We hope that a reasonable solution can be found for these properties and quickly implemented as we believe that the City would be liable for any damage due to flooding under these circumstances. Sincerely, oseph and Patrice Kern. 4580 Glacier Lane jJoelan6Kathy kHlger 14305 46th Avenue North cc: Councilmember Helliwell Councilmember Ricker Councilmember Vasilou Councilmember Zitur City Manager, James Willis Director of Public Works, Fred Moore dTIA CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 6, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charls illerud through Community Development Director Blair Trem SUBJECT: HENNEPIN COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION On August 1, 1990, Hennepin County provided 19 pages of narrative response and a new set of plans for the captioned facility in reply to the City of Plymouth's Development Review Committee Stage II letters dated August 29, 1989, and October 18, 1989. On August 24, 1990, the comments of the Development Review Committee regarding the revised Hennepin County plans and narrative responses were transmitted to the County in a letter containing 25 items of additional information that require modifications or clarification. On August 31, 1990, a letter was transmitted to Hennepin County requesting 8 additional items of clarification or additional information based on engineering - related review that had not been completed as of the August 24 letter. The application for a Site Plan and Conditional Use Permit for a waste transfer station by Hennepin County remains in Development Review Committee process as Stage II. (cc/cd/henn:dl) CIM SEP - 7 -%-JJ JAMES J. THOMSON Attorncy at Law Direct Dial (612) 337-9209 September 5, 1990 The Honorable Kim M. Bergman City Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Abstentions Dear Mayor Bergman and Council Members: M-6 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Mayor Bergman requested that I provide an opinion on what constitutes a legally valid reason for a council member to abstain from voting. The issue of abstention comes up in two separate situations --those in which a local elected official has a conflict of interest, and those in which there is no conflict of interest but, a council member voluntarily abstains. I will address each category separately. ABSTENTIONS IN CONFLICT OF INTEREST SITUATIONS There are two general conflict of interest situations. The first one involves contracts. The rule in Minnesota in this situation is straightforward. A public official who is authorized to take part in the making of a contract cannot have a personal financial interest in the contract or benefit financially from it. There are some exceptions to the rule. However, if the rule applies, the contract is absolutely prohibited. The second type of conflict of interest prohibits a council member from voting on a matter if he or she has a personal interest in the matter. The primary distinction between this type of conflict of interest and the first one is that the action on the matter may still be taken by the council as a whole provided that the disqualified council member does not participate or vote on the matter. In such a situation the council member is required to abstain from voting. CIM SEP - 7 'W -a.7 to The Honorable Rim M. Bergman City Council Members September 5, 1990 Page 2 VOLUNTARY ABSTENTIONS The primary responsibility of local elected officials is to participate at council meetings and to vote on matters that require action by the city council. Occasionally, individual members of the council may desire to abstain on votes on particular matters even though they are not disqualified from voting as a result of a conflict of interest. The rule in such situations is that council members can abstain provided that it is not done so frequently that a council member is not fulfilling his or her duties as a council member. An example of a voluntary abstention situation is the case of Ram Development Company v. Shaw, 244 N.W.2d 110 (1976). The case involved a rezoning action in the City of Minnetonka. The final vote on the rezoning ordinance was four ayes, and three abstentions. (One of the abstentions was a "pass.") State law requires a zoning ordinance to be adopted by 2/3 vote of all members of the council. The court concluded that the three members who had abstained remained "members" of the council in calculating the 2/3 vote requirement, and therefore the four aye votes were insufficient to adopt the ordinance. Although the reasons why the three members abstained are not clear from the court decision, it is clear that they were not disqualified from voting as a result of a conflict of interest. The court therefore acknowledged that individual council members can abstain from voting even in those situations where there is no conflict of interest. I am enclosing an excerpt from the February, 1990 issue of Minnesota Cities published by the League of Minnesota Cities. (I believe that the entire article was previously furnished to you by the city manager.) The excerpt deals with abstentions and how votes are to be counted. The article distinguishes situations where council members choose not to vote and those where they are disqualified from voting. Implicit in the article is the concept that council members may choose to abstain on matters even though there is no conflict of interest. I have also discussed this issue with Stan Peskar, the general counsel for the League of Minnesota Cities, and he also believes that local elected officials can voluntarily abstain on matters. CIM SEP - 7 '90 The Honorable Rim M. Bergman City Council Members September 5, 1990 Page 3 CONCLUSION In summary, a council member who is disqualified from participating in a matter because of a conflict of interest must not participate in the matter and may not vote on the matter. In other situations, a council member may occasionally abstain from voting. Such abstentions, however, cannot rise to the level where the council member is not fulfilling his or her duties as an elected official. Sincerely, aures J. Thomson JJT/amm Enclosure cc: �ames Willis CM SEP -7'90 y_ to Abstentions Sometimes a councill member pres- ent at a meeting will cbeose not to vote on a matter before the council. It may be important why the member abstained. Specifically, abstaining because of a personal interest in the matter may be a special case, which will be discussed later in this article. An abstention by one or more council members does not reduce the number of votes needed, 9 the statutes require the affirmative votes of a specific num- ber or proportion of the council. Nor is an abstention counted as a vote with the mapority in this cirwmstance. Ram Develalpment Co. v. Shaw, 309 Minn 139, 264 NW2d 110 (1976); Van Cleve v. Wafflace, 216 Mina 500, 13 NW2d i 467 (044). The Ram Development case is a good illustration of this rue. A seven - member council attempted to pass a zoning amendment The votes recorded were four 2dfmrnnathre, two abstenitions, and one "pass." The Court ruled that this vo= not stAkient to pass the 'ordinance; five affirmative votes were needed, and neither the abstenitions nor the "Imss" could be counted as an affirmative vote. (It's not ;clear what distinction t1e council mrem- bens intended between "abstain" and "pass:' The Court to ebted thf!rrn as j being the tame.) Sim3arly, in a statutory city with a five -member council, it takes three affirmaRive votes to pass an ordinance; jtwo "Yes" votes and three abstentions ; are rmA enough. Nor could a vote be treated as unanimous if one or more members abstains. i Where the statutes don't require a I specific number of voiles, a motion is passed if a majority of -those voting on it vote in favor. (This concept is some- times expressed by sa&g that absten- tions are counted as voting with the majority.) A.G. Ops. 161-A-20, June 3, ► M SP f " :, 1987 O.MC 500D), gird 471-M. Oct. 30, 1986 (LMC 41581). Thus for example. a vote of two "yes" and one "no" with two abstentions :would be enough to pass an ordinary motion before a five -member statutory city council. Courts frequently state that "I a quorum is present, the refusal to vote will not defeat action." (See for exam- ple, the cases cited at 4 McQuillin Municipal Corporations. Sec. 13.32.) It's not entirely dear, though, whether the courts would apply that rule to the extreme case, where a quorum is pres- ent but because of abstentions the number of affirmative votes is less than a majority of a quorum; e.g. three members of a five -member round are present. one votes "yes." and the other two abstain. The best advice is to avoid this land of problem. Councilmembers should remember that if they abstain in this kind of situation, their abstention will ultimately have the effect of either defeating or passing the motion: unfor- tunately, it is not certain which it is. But since the councilme-mber's action will be have one or the other of these effects, the. councilmember can't avoid taking responsibility. Therefor, the member should decide which he pre- fers and vote accordingly. bisqualification from voting The Minnesota Court has ruled tint under some ciicunnatances a round member who has a personal interest in a matter before the sound is disquali- fied from voting on that natter. Lenz v. Coon Creels Watershed District, 278 Minn 1. 153 NW2d 209 (1967). Not only is that person disqualified hom voting, he also should not take part in any way in the proceedings. In re Petition of Jambson re County Ditch No. 24. 234 Minn 296. 48 NW2d 441 (1951). Most often, a comas member that has such a interest simply voluri- tarily abstains Brom voting. Neither the Minnesota courts nor the Attorney General seem to have specifically considered how to count votes in this situation. While it often won't matter, it could be critical for ordinances- or other actions requiring an affirmative rote by a particular frac- tion of the entire council. For example, when a seven -member statutory city council is vacating a street without a petition and one member is personany interested in the matter, is the required vote sbc (four-i[ths of seven), or five (four-fifths of OW? Courts in other states have spit. Some have btdd that a disqualification or at, !. •(entum Im-cause of a personal ittcretu "t ran,t he counted as an affirm- ative :rile: others have held that it can; and %tin others have held that a disqual- katir)n shoukl be treated as in effect creating a temporary vacancy in the council. The latter rule seems the most reasonable; if a person an neither vote nor participate in the discussions or other proceedings. that person really can't function as part of the council. But for now the best we can say is that we don't know. Summary The first step on any vote question is to determine whether any statute or charter provision specifies how many rotes are required. Be careful to pay attention to the particular wording of the statutory or charter requirement. If there is no such requirement, then a simple majority vote with a quorum present is sufficient. Vacancies, absences, abstentions, and disqualifica- tions all present additional complica- tions. In some instances, the rules are clear, though confusing; in others, unfortunately, the rules are both con- fusing and unclear. ■ SEP - 7 ' HOLMES & GRAVEN PMMLL KERR FORS17ER Chartered WORLDWIDE Attorneys at law Pradkirj primarily in the areas of CERTWIiED PUBLIC ACCOUNTANTS • Municipal Financing* • Tax Increment Financing • >FnrANCLLLAvnrrs Analysis zrFMMCMCOMMIMICCONS >LLMICk •General Government • HARAGEPAP.Wr ADVMIM sERVK= • Litigation • Condemnation 612-545-0421 • Real Estate Development 470 Pillsbury Center ' Minneapolis, MN SW2 " "Serving Cities for over 30 Years (612) 337-9300 Meclor, •listed in flood sues SEP - 7 ' =`7 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 30, 1990 TO: Frank Boyles, Assistant City Manager FROM: Laurie Rauenhorst Paity Clerk SUBJECT: INQUIRY ABOUT BINGO AND CHARITABLE GAMBLING I received a call from Jim Deitmer of the Children's Heart Fund, (5217 Wayzata Blvd., Suite 213, St. Louis Park, 55416) regarding Bingo licenses and Charitable Gambling regulations in Plymouth. He is interested in establishing a Bingo operation in Waterford Park Plaza. I forwarded his call to the Planning Division to check on zoning. He requested a copy of the City's Bingo ordinance and a list of councilmembers, which I mailed. He indicated that if he is able to pursue the Bingo operation at this location, he will also be interested in charitable gambling such as pull tabs. We currently have no licensed charitable gambling in the City, largely due to the prohibition of gambling in liquor establishments. Mr. Deitmer stated their operation would not include liquor. cc: James G. Willis, City Manager Blair Tremere, Director of Community Development CIM SEP - 7 '101 .0 WK(y OeAJ5 NVJCT aN of PUMOUTR FOR IMMEDIATE RELEASE FOR MORE INFORMATION: MILT DALE, 550-5056 HOME IMPROVEMENT GRANTS AVAILABLE IN PLYMOUTH If your home is starting to show its age, or insulation and weather stripping is not what it should be, you may qualify for a home improvement grant or loan from the Plymouth Housing and Redevelopment Authority (HRA). The HRA has been providing lower income Plymouth residents with a way to make necessary home improvements without cost to the homeowner since 1976. "The program has been very helpful to those homeowners who qualify and want to stay in their homes in Plymouth," according to Housing Specialist Milt Dale. The requirements are as follows: o You must be a Plymouth resident and homeowner with one of the following minimum interests in the property to be improved: A. A life estate. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 11k B. A one-third interest as a purchaser in a Contract for Deed payment. C. A one-third interest in a Fee Title. o You must be current in any Contract for Deed payments, mortgage payments, and property taxes. o You must have less than $25,000 in assets. This does not include the value of the property to be improved, your furniture, and one personal vehicle. o Your gross annual income must be below the following limits per household: One Person $15,750 Two Person $18,000 Three Person $20,250 Four Person $22,500 Five Person $24,300 Six Person $26,100 Seven Person $27,900 Eight Person $29,700 o You must be willing to sign a repayment agreement with the Plymouth HRA that will require you to pay back all of the grant/loan (without interest) should you move from your house in the next ten years, and a decreasing portion of it �M SEP - 7 '90 would be repaid should you sell or move after ten years, but before twenty years. If you do not move or sell your house in twenty years, you will not have to repay any of the grant. If you think you may qualify, call Milt Dale at 550-5056 to have an application mailed to you. The Plymouth HRA office hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. -30- CIM SEP -7'90 =9 County Road 6 Update A bulletin from the City of Plymouth, Number 3, September 7,1990 Zanzibar Ln. was recently closed as crews began constructing the proposed cul-de-sac. Motorists who would typically use Zanzibar should use alternative routes. UPCOMING WORK • Work tentatively scheduled for the next few weeks: • Installation of temporary signals at Vicksburg Ln. and Co. Rd. 6 is tentatively scheduled to begin in mid-September. During the work, four-way stop signs will be installed for a few days at the intersection. As a result, motorists may want to use alternate routes to avoid delays during rush hour and at the end of the school day. • Property owners throughout the project may have their water temporarily shut off during the work day as crews relocate fire hydrants. Property owners will be notified by the City if their water service will be affected. Service will be restored by the end of the work day. If your water is discolored when service resumes, run an outdoor water faucet until the water becomes clear. • Intermittent utility work will continue throughout the project limits. , SHIFTING TRAFFIC All temporary bituminous lanes are tentatively scheduled to be in place by mid-September so that traffic can be moved to one side of the roadway while crews begin to construct permanent lanes on the other side. To minimize inconvenience, the County will keep one lane of traffic open in each direction at all times and provide access' to all properties with driveways located on Co. Rd. 6. OVERALL PROJECT The project extends on Co. Rd. 6 from Fernbrook Ln. to Co. Rd. 101 and includes: widefiing Co. Rd. 6 to two lanes in each direction; creating turn lanes; constructing new traffic signals at Dunkirk, Vicksburg and Niagara Lanes; building a pedestrian underpass at Niagara Ln.; and converting Zan- zibar Ln. to a cul-de-sac. Widening and channelization of Vicksburg Ln., north and south of Co. Rd. 6, is also part of the project. CIM SEP - 7 "900 Construction will continue throughout this summer and neat. Sodding of affected areas and the laying of the final layer of bituminous is slated for the spring of 1992. QUESTIONS/CONCERNS If you have questions about the road construction, contact Hennepin County Project Engineer Dave Feld at 935-3381 or the field office at 473-5295. For information on city functions related to the project, call Plymouth City Engineer Dan Faulkner at 550-5071. CAUTION Please keep children away from the construction area. Heavy equipment is operated in the area and crews will be working with hot bitumious at various times throughout construction. Bitumious may be driven on within an hour after being laid. For your child's safety, please keep him/her from walking on it until it has cooled (four to eight hours, depending on weather conditions). FUNDING This project is being funded by the City of Plymouth and Hennepin County. Thank you for your patience! Twat t�M SEP - 7 ' LAW OFFICES STICH, ANGELL, KREIDLER & MUTH, P.A. THE CROSSINGS. SUITE 120 250 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401-2122 TELEPHONE (612) 33b-6251 ROBERT T. STICH JOHN F. ANGELL MICHAELS. KREIDLER- STEV EN J. MUTH ROBERT D. BROWNSON D. SCOTT BALLOU ROBERT H. YAEGER THOMAS J. LINNIHAN SCOTT P. DRAWE JAMES D. KNUDSEN RICHARD A. KOEHLER SUSAN M. HANSEN GREGORY L. WRIGHT MICHAEL W. GAUGHAN. JR. -ALSO ADMITTED TO PRACTICE IN WISCONSIN Mr. Glen Upton Weed Inspector City of Plymouth Public Works Department 14900 23rd Avenue North Plymouth, MN 55447 Dear Mr. Upton: August 31, 1990 FACSIMILE n(612) 333-1940 OF COUNSEL: W.M.LASLEY t - SEP ` Please be advised that there exists a weed problem on the northwest corner of the intersection of 45th Avenue North and Lanewood Lane North in the City of Plymouth, Minnesota. The weeds, which are in proximity to and surround the stop sign at that location, limit the visibility of drivers eastbound on 45th Avenue north and southbound on Lanewood Lane north. The visibility problem is an additional hazard because of the intersection's close proximity to the entrance to Turtle Lake Park, an area frequented by children. I believe this is a problem that should not go uncorrected. Please respond to me in writing within 10 days as to the following: 1. Whether the weeds on the northwest corner of 45th Avenue north and Lanewood Lane north violate any city ordinance (citing the ordinance) ; 2. What your findings are upon inspection of the above corner; and 3. What your disposition of this matter is. I look forward to receiving your reply and thank you for your C1M SER - Mr. Glen Upton August 31, 1990 Page Two assistance in resolving this matter. Very truly yours, STICH, ANGELL, KREIDLER & MUTH, P.A. Gregory L. Wright cc: Mr. Fred Moore, Director of Public Works Mayor Kim M. Bergman CIM SEP ` 7 :.:l / / ! w Q 0- col-fcei- C4 L,�r� �� u,,I •�' v l � ��� I'E� � � li �i t d �/? C] 1? fi �1"f% � 4=rv� S`G % f `� %JA L' L7(�% �` 'f �r►Ct �/2U tjA(rt 1 � �7 � �� (% t2�' �l U l� /✓�i', �i" 7 �'G�-�f�'t� f,I'2 Cf /.>>2E�- c �/)u j'r Y 57/,e f.L 74,i t= T Q 1� �C t.'C .C�l�' Lti ��i.� �rJ SfhUC �r �� �, Cr rt /7 A)V, i n S Q til I!9 N Gc,� i s i?w a -et e avl Q 1%a 17 -ex � wt/ %iUa #. J� Galso.�2.r�� %Z /1rl�r-c�% JU TrQn•) /'rff-cjt=.v( Ao r am SE' - .J i'r ` W Plymouth Weed Inspection - Field Fore Kurber: Owners Name: �iComplaint Date: V / �/ 0 Owners Address: Inspection Date: / / Lot Block Subdiv.: Section': Q.Q•:_._._ Pin' - ' At: ci f f Ud, h oot l 2 l� O r Weeds O Remarks: Compl . Name. Address: ,hon.: 45059 339a Map Any- j-fR#.,&9 cdt. 3 a /,G11-219 %tPf so � fid7 See /Zti- CITY OF PLYMOUTH a�� �• is � • Inspector's Notice to serve on occupants, owners, agents, or Public Officials in charge of weed infested lands. CITY OF PLYMXJTH, CMTT'Y OF HMYE PIN, STATE OF MR44ES TA BY AUTHORITY OF PLYMXJIH CITY ORDINANCE, 1981, Section 810.03, Subdivision 1 thru 5 - Notice is hereby given. TO: ADDRESS: a3 $ 3 Rs c e St N0. St PXV/ M t� S6113 C. To cut, destroy or otherwise eradicate within 2Q days from this date. ?-A- ¢D all nuisance vegetation in excess of eight inches in height - located in and upon the following described land: Described Land: Section (N}) Township 118N O q (S#) Subdivision Tv r e l l P'7 th Lot I Quarter -Quarter. Property I.D. # Add; f,oh %ail gFa.sS a j4� Weedj- v n r!e 0 y So � Lane wood ��he ND. Plymouth Property owners are required by City Ordinance to maintain these properties. If this notice is not complied with,the City of Plymouth will cut the nuisance vegetation at a rate of 30 dollars per hour for man and machine and assess the property owner for the cost of eradication plus the current administrative charge. A mimium of one hour will be charged for all cutting done by our contractor. Your cooperation in this matter will be greatly appreciated by all parties concerned. Sincerely, G.C. Upton, Weed Inspector Environmental Division 14900 23rd Avenue North Plymouth, M. 55441 550-5154 MEMO it CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 28, 1990 TO: Jim Kolstad, Public Works Superintendent FROM: Helen LaFave�,Communications Coordinator SUBJECT: CALL ON 24-HOUR CUSTOMER SERVICE LINE Dorothy Settlemire, 305 Juneau Lane, called the 24-hour Customer Service Line on August 24, 1990. She reports that a truck came by her house on August 23, leaving a chemical substance or paint on the road. She requests that the City use a street sweeper to clean up the roadway. Please contact Mrs. Settlemire by September 4 and forward a copy of your response to me. HL:kec cc: James G. Willis, City Manager S.F. 9/4/90 t `90 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: SEPTEMBER 5, 1990 TO: Helen LaFave, Communications Coordinator FROM: Tom Vetsch, Street Supervisor through Jim Kolstad, Public Works Superintendent SUBJECT: CHEMICAL SUBSTANCE OR PAINT ON ROADWAY Helen, I had a difficult time making contact with Dorothy Settlemire, 305 Juneau Lane. I called her numerous times on August 30th with no response and drove out to the address to leave my calling card and to look at the problem. There is what I believe to be white paint on the roadway. Not real thick, but nevertheless it is noticeable. I don't know of a good solution to clean that up. Dorothy Settlemire's concern was more of an inquisitive nature than a complaint nature. When I spoke with her on August 31st she and I agreed that the best thing to do would probably be to just let it wear off. TV:sm cc: James G. Willis t elm SEP � EXECUTIVE SECRETARY Jude Anderson 3030 Harbor Lane Plymouth, MN 55447 Phone 6121553-1144 elm creek Watershed Management Commission TECHNICAL ADVISOR Hennepin ConservatiC•n D sl 1ct 2450 Wayzata Bouleva•c. Minnetonka MN 55343 Phone 612 544-8572 Minutes July 11, 1990 I. The regular monthly meeting of the Elm Creek Watershed Management Commission was called to order at 3:15 p.m., Wednesday, July 11, 1990, at Plymouth City Hall, Plymouth, MN, by Chairman Fred Moore. Those present were: Todd Tuominen, Champlin; Robert Derus, Corcoran; Ken Ashfeld, Maple Grove; Larry Elwell, Medina; Fred Moore, Plymouth; Leon Zeug, HCD; Will Hartfeldt, attorney; John Barten, Hennepin Parks; and Judie Anderson, Executive Secretary. II. Ashfeld moved and Tuominen seconded a motion to approve minutes of the June 13, 1990 meeting. Motion carried. III. Derus moved and Ashfeld seconded a motion to approve the Treasurer's Report and pay the bills. Motion carried. IV. Reports from the District Office. A. HCD is in the process of writing a Noncritical Lake Drainage Basin Water Treatment Policy. They are awaiting literature from other units of government. The policy will be available for the August meeting. B. Hartfeldt was directed to prepare a summary of the revisions to 509, effective dates, and their impact to the Commission's Joint Powers Agreement and Rules. V. Amended Rules of the Commission. Having received no further comments, Moore signed the revised Rules of the Commission. Anderson will transmit them to the member communities. VI. Proiect Reviews. A. 86-037 Joe Raskob, Medina. No information. B. 87-005 Lloyd Olsen, Plymouth. No information. S-%aW*., Minutes July 11, 1990 page 2 C. 87-016 Tom Dykhoff, Medina. No information. D. 87-034 Shadow Creek 3rd Addition, Maple Grove. No information. E. 88-017 Gerald Dykhoff, Medina. No information. F. 89-021 Wetland 27-527W, Maple Grove. No information. G. 89-036 Chester Adams, Maple Grove. No information. H. 90-008 Cherry Hills, Medina. No information. I. 90-009 Rogers Industrial Park. An erosion and sediment control plan has not been submitted for review. J. 90-010 The Commons, Maple Grove. HCD approved the stormwater treatment pond for this residential site. K. 90-011 Rice Lake Woods, Maple Grove. HCD approved the erosion and sediment control plan. L. 90-013 Dahlheimer Industrial Park, Rogers. An erosion and sediment control plan has not been submitted for review. M. 90-014 Northeast Drainage Plan, Rogers. An erosion and sediment control plan has not been submitted for review. N. 90-017 Fina Mart, Maple Grove. No information. 0. 90-019 Rick Meyers, Maple Grove. HCD recommended approval of this project to construct a driveway along Rush Creek conditioned that an as - built be submitted showing mitigated cut and fill below the 100 year flood elevation. Ashfeld moved and Derus seconded a motion to approve the recommendation of the District Office. Motion carried. P. 90-020 DMJ Fill, Medina. A revised erosion and sediment control plan has not been submitted. There being no further business before the Commission, the meeting was adjourned at 4:10 p.m. Respectfully submitted, Judie A. Anderson Executive Secretary JAA:tim Ct[ui S 4 ... _ %Qb SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION . 3030 Harbor lane • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 M I N U T E S July 12, 1990 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Neil Johnson on Thursday, July 12, 1990, at 12:50 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Neil Johnson, Brooklyn Park; Bill Monk, Crystal; Gerald Butcher, Maple Grove; Perry Damon, Minneap- olis,;. Mark Hanson, New Hope; Gene Hakanson, Osseo; Fred Moore, Plymouth; Lee Gustafson, Robbinsdale; Dale Claridge, JMM; Curt Pearson, attorney; and Judie Anderson, recording secretary. 1. Minutes. Gustafson moved and Moore seconded a motion to approve the minutes of the June 14, 1990 meeting. Motion carried. 2. Treasurer's Report. Moore moved and Hakanson seconded a motion.to approve the Treasurer's Report. Motion carried. 3. Approval of Claims. Moore moved and Hakanson seconded a motion to approve claims totaling $9,911.56. The claims were approved by roll call vote: ayes - Johnson, Monk, Butcher, Damon, Hanson, Hakanson, Moore and Gustafson; nays - none; absent - Brooklyn Center. 4. Correspondence. The Commissioners reviewed the Communications Log. No action was required. 5. Twin Lakes/Ryan Lake Improvement Proiect. Claridge and Gustafson reported on the progress of this project. Gustafson indicated the project is about 3 weeks behind schedule. Pearson reminded the Commissioners that requests for bids cannot go out until the right of way has been approved. Damon reported that Minneapolis has begun work on the 49th Avenue storm drain. CIM SEP - ( '.'IN SCWMC Minutes July 12, 1990 page 2 6. Sandpiper Dental Square Building. Moore moved and Hakanson seconded a motion directing Pearson to write to the owner, informing him that this project could be done as a public improvement and further recommending that he should consider purchasing flood insurance in the event he does not proceed with the project. Motion carried. 7. Management Plan. Butcher moved and Moore seconded a motion directing Pearson to report at the August*meeting on the impact to the Commission of revisions to Chapter 509. Motion carried. Anderson will mail notices to the Commissioners reminding them of the meeting at 10:00 a.m., Thursday, August 9, called to discuss development of local plans. The Commissioners are encouraged to invite the appropriate members of their staffs to this meeting. JMM will update the guidelines for preparing local plans in time for this meeting. 8. Proiect Reviews. 90-13 Construction of a softball field in Woodcrest Park, Maple Grove. The park is located between TH169 and Magda Lane, south of 194. Gustafson moved and Hakanson seconded a motion directing the consultant to notify the City of Maple Grove that approval of 90- 13 is hereby granted. 9. Other Business. The Commissioners requested that JMM provide an update on the Commission's ongoing water quality program. There being no further business before the Commission, Butcher moved and Gustafson seconded a motion to adjourn. Motion car- ried. The meeting was adjourned at 1:30 p.m. Respectfully(%submitted, J44_,Z,� 41- Judie A. Anderson Recording Secretary JAA:tim CIM SEP - 7 Z.• %s CITY OF'IPLYMOUTH 3400 Plymouth Blvd. Plymouth, MN 55447 DATE: August 15, 1990 TO: Chief Carlquist FROM: Officer S. Streachek SUBJECT: National Law Enforcement Explorer Conference Since a month ago, after the emotion filled week at the National Law Enforcement Conference has ended, I have been able to receive information through the mail and have had time to digest it and report on it. The time preparing for the conference was critical. The explorers spent numerous late nights preparing for the representation of the police department, city and state at the national level. Many of my family members volunteered their time to come to Plymouth to be witnesses and role players for the "hands on" situational skills. Community Service Officer, Brunning, helped out tremendously being a critical grader and role player. The plane and bus ride to Colorado and Colorado University went very smoothly without any problems. At Colorado University, the University Student Staff was so very helpful. During the whole week there wasn't any problems that I couldn't get answers for or directions to . After checking into our dorm rooms, I was able to register our group. This turned out to be a life saver because the next day, Monday, there was 4 hour lines to register. During the week there was so many activities which included a career fair in Which we we received much information at local to international levels. There were competition events which our post competed in: "shoot don't shoot" (Fats system), traffic accident investigation (fatality with a source) and witness interview (suicide in a dorm with parents at the scene). Our post did very well in considering top scores for all competitions were determined in 1/10ths of points from first'place to fourth place. Seminars were on during the week and we were able to attend Psychological Profiling, Organized Crimes Nontraditional, and Groups and Techniques of • Surveilance. These seminars were geared at an introduction level and basic in nature but I believe interesting for the explorers. My wife, Annette, was able to attend for our explorer advisor group "Model Manual" which is information on guidelines and procedures that an explorer post should have. Mark Bevins is in the process of completing this task of upgrading our manual. i Ctrs et -9 z • %3 Memo Page 2 City of Plymouth In regards to the "Ride Along" program, alot of information was given from the Tulsa, Oklahoma Police Department in which I have received a copy of their program. This is a project in which Mark and I will review to see what additions or changes may be beneficial to our program. Annette and I participated in the "Child Protection" workshop. This was an indepth look and guidelines to follow in reference to child abuse. The Boy Scouts of America had an incident in which an advisor in the state of Colorado had sexually abused 5 boys. This officer was a "model officer" and had received numerous local and state accommodations. THe Boy Scouts have made it mandatory that the advisors have a training meeting and that a meeting during each year be set up for the explorers to notify them of their rights and whom they can talk to. The advisory meeting on this topic has been scheduled, the explorer meeting is to be scheduled in the first quarter. The explorers had a daily newsletter which explained the days' activities and are enclosed. Every night there was entertainment such as movies, concerts, comedians and dances. There was an opening program which was very exciting from live music to keynote speakers, laser light show and not to forget the cheering from one state to another. On Wednesday, an entertainment night was set with Comedian, Jay Leno and Airforce Academy Band "Blue Steel" and New Kids on the Block performed. On Friday, a Drug Rally was presented by numberous television and radio performers from Robo Cop, Marion Ramsey, Randy Gradishar, Terrence Burke, and the highlight was country singer, Lee Greenwood. The week ended with the closing program- The Awards Ceremony. In summary of the week's events, there is no doubt in my mind that this experience for the explorers was a life changing one. It was so positive, they met new friends with some of the same interests, new ideas, and especially new challenges that they faced and bonded to overcome. I would highly promote any explorer group to compete at this level in the future. I have received so many ideas and information from this conference that I feel will help our program from resources to aid in finances, recruitment, meetings, and competition at a national level. Chief Carlquist, a very sincere thank you from Annette and myself for making a positive and learning experience possible for our explorer group. S'nncweree�ly, Scott F. Streachek Enclosed is newsletters and information that I would like to add to our file. After you are finished reviewing, please return to Officer Bevins or myself. September 4, Richard Carlquist Chief of Police 3400 Plymouth Blvd. Plymouth, MN 55447 On behalf of all those in attendance at the recent Criminal`Tustice Institute, thank you! I was really pleased with your work on the Police Misconduct panel and I think your remarks provided some excellent direction for all who attended your session. These breakout sessions seem to generate a good deal of participation and I have received many positive comments regarding your part of the program. This year we had over 850 registrants, making it one of the largest Criminal Justice seminars ever. I know you have a very busy schedule and that your participation added to it. Thanks so much for all of your good work. I am looking forward to working with you on future efforts. Ztruly yours, rank ams Director Frank V. Harris, Attorney at Law Executive Director 1 GM SEP 7'90 JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 August 31, 1990 Mr. John Bolton 14310 46th Avenue North Plymouth, MN 55446 Dear Mr. Bolton: HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 SSE' '(k `` Enclosed is a copy of my letter to Frank Boyles concerning liability for maintenance of areas adjacent to public rights-of- way. Mr. Boyles asked me to forward this opinion to you. Sincerely, J es Thomson JJT/amm Enclosure cc: Frank Boyles PL100-32A 4 JP+?I SEP JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 August 31, 1990 Mr. Frank Boyles City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 HOLm Es & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612) 337-9300 Re: Maintenance of Areas Adjacent to City Rights -of -Way Dear Frank: In my August 6, 1990 letter to you, I addressed the issue of an abutting property owner's responsibility to maintain the area adjacent to a public right-of-way. You have now asked me to address the issue of potential liability for such work. Issues regarding liability are highly dependent on the particular facts of each case. Therefore, it is difficult to address liability questions in the abstract. General principles, however, are applicable in most situations. The first general principle of liability is that a municipality cannot exonerate itself of liability for the condition of its property by shifting the duty of maintenance to an abutting property owner. Therefore, the statutory regulations and City ordinance that allow the City to require abutting property owners to maintain these areas do not absolve the City from potential liability for keeping the rights-of-way in a safe condition. The second general principle is that an abutting property owner is not responsible for a dangerous condition in the public right- of-way unless it was caused by his or her own act or negligence. The abutting owner could be liable by creating a dangerous condition. In most cases, such liability will be jointly shared with the City if the City does not exercise reasonable diligence in maintaining the public right-of-way in a reasonably safe condition. - T 7t� =-%SC6w Mr. Frank Boyles August 31, 1990 Page 2 I hope that this summary of the general principles is helpful. Please feel free to contact me if you have any questions. Sincerely, J mes J. Thomson JJT/amm PL100-32A i GM SEF -T90 REGIC)NALYMNE1304111) Mears Park Centre 230 East 5th Sheet St. Paul, Mlnnesota 55101 612/292-8789 August 30,1990 Jam• -I - i 1. tie'•. rti r.,�i• f: ! ./, .. S -- Frank Boyles, Assistant Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447' . Dear fio es: Thank you for taking the time to discuss metropolitan area transit activities with me on August 21. As I stated at our meeting, the Regional Transit Board (RTB) wants to increase its communications with local units of government. When it comes to, public transit, all of us have the same goal - to provide the best services we can to meet the needs of the public. On that message, the City of Plymouth should be commended for the extra efforts being made to administer a transit system that addresses your specific community transit needs. I sincerely appreciated your specific comments at our meeting. This fall, when the RTB submits its new Five -Year Transit Plan for public comment, I encourage Plymouth to offer us your ideas on the plan's content. Many of the policies contained in this plan could have applicability on transit activities in your community. On another item, I will be discussing, with RTB staff, your suggestion about ways to involve communities and their transit services in future RTB conferences and events as a way of recognizing the particular local transit programs. Again, thanks to you and the Ciiy of Plymouth for your interest in transit, as well as for your time to meet with me last week. Sincerely, Mike Kuehn Community Relations Coordinator MK/kmm CIV, 51`r 7 '90 An Equal Opportunity Employer ARDRIVES, INC. 9724 10TH AVENUE NORTH P.O. BOX 679 PLYMOUTH, MN 65441 ST. CLOUD, MN 56302 (612) 542-9060 (612) 251-7376 FAX 612-542.8750 FAX 612.251.5176 August 30, 1990 =: %S c. Mr. James G. Willis City Manager �y City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Sir: In response to your letter dated August 28, 1990, regarding the abusive and foul language from a truck driver. I appreciate you informing us of this matter, and assure you Hardrives, Inc. will not tolerate this type of behavior. This particular project is difficult since it is almost all residential, and we have tried very had to let the residents park their vehicles as close as possible to their homes. I personally contacted the Hardrives' employees on the project, but was unable to find out what truck driver was involved. Hardrives has hired independent truck owners to haul out excavation and haul in granular borrow. Class 5 gravel is being delivered to the job site by Bryan Rock Products who has different trucks hired, and the same applies with concrete which is also being delivered by the producer. There are days when there could be as many as 25 trucks used . throughout the project. Unfortunately, we are 'unable to have the same trucks and drivers everyday. I would estimate there has been in excess of 100 different truck drivers on this project to date. I am sure you can understand my problem in identifying this driver. All of Hardrives' employees have been informed that this kind of conduct absolutely will not be tolerated, and is cause for dismissal. Once again I want to thank you for informing me of this situation, and hopefully it will not happen again. Sicnerely, i tanle M.� He phill Project Manager HARDRIVES, INC. SMH/erw An Equal Opportunity Employer - Contractor a c!M SEP - 7 '9� CITY OF August 28, 1990 PLYMOUTR Mr. Stan Henphill Hardrives, Inc. 9724 - 10th Ave. Plymouth, MN 55441 Dear Mr. Henphill: Your company is currently under contract with the City of Plymouth for street resurfacing and reconstruction. This project has been proceeding quite smoothly and with relatively few complaints. However, we have just received one complaint which we believe must be brought to your attention. Mayor Kim M. Bergman received a complaint from a resident who lives in the vicinity of 36th Avenue and Quaker Lane regarding abusive and foul language from one of your truck drivers. Unfortunately, we do not have the identity of the offending truck driver to share with you. It appears that a resident was not able to gain access to his street from either of two access points from Pilgrim Lane. He parked his vehicle and walked to his place of residence. Upon returning to his vehicle, he was verbally accosted by the truck driver who alleged that the resident's vehicle had "rolled" into the truck. The resident claimed that his vehicle had not moved and that if the two vehicles had touched, it must have been as a result of the truck driver bumping his vehicle. In any event, no damage was done to either of the two vehicles. The resident reported, however, that the truck driver was extremely abusive to him and demonstrated a lack of sensitivity to the resident who was required to park his vehicle in an•inconvenient place by virtue of the closure of his street. I hope this was an isolated incident, however, I believe it is serious enough to be brought to your attention. We expect that all Plymouth residents should be treated with courtesy and respect, particularly when they are being disrupted in their qo(t SEP — 7'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mr. Stan Henphill August 28, 1990 Page 2 daily routines by virtue of public improvement projects. I would appreciate your conveying our concern to your field personnel in order that they might be reminded of our concerns. Yours truly, Aii s G. Willis Manager JW:kec cc: Fred Moore, Public Works Director Mayor & City Council aim SEP - 7 '90 CITY of September 4, 1990 PLYMOUTR Mary Ann McCoy Executive Director Ethical Practices Board 625 North Robert Street St. Paul, MN 55101-2520 SUBJECT: NOTICE OF INTENT TO ADOPT RULES ON ECONOMIC INTEREST DISCLOSURE Dear Ms. McCoy: Please accept this letter as our desire to oppose your proposal to adopt rules on economic interest disclosure, lobbyist registration and reporting, and conflicts of interest without the benefit of a public hearing. I would appreciate your advising me of the time when a public hearing on this matter will be held. Yours truly, ICiyes G. Willis Manager JW:kec cc: Mayor & City Council Donald Sla:der, League of Minnesota Cities CIM $P `" 7..�aJ: 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155-3898 Telephone (612) 296-6300 \ _ s INN September 5, 1990 Mr. Jim Giebenhain Armstrong Senior High SchoolX. 10635 36th Avenue Plymouth, Minnesota 55441 Dear Mr. Giebenhain: RE: Petroleum Tank Release Site Closure Site: Armstrong Senior High School, Plymouth Site ID#: LEAK00001694 The Minnesota Pollution Control Agency (MPCA) staff has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On August 17, 1989, a petroleum tank release was reported to the MPCA. Since then the Robbinsdale Armstrong Senior High School.has taken the following corrective action in response to the release: 1. STS Consultants Ltd. were retained to excavate, remove and dispose of the 15,000 gallon underground storage tank. 2. Petroleum impacted soil was identified at the west end of the tank where the supply lines had appeared cracked. Approximately 100 cubicyards of petroleum impacted soil was excavated from the site. Complete removal of the petroleum impacted soil could not be accomplished because the school building prevented excavation to the north. 3. The soil was incinerated at the C.S. McCrossan asphalt plant in Maple Grove after receiving approval from the MPCA. 4. Water was encountered in the base of the excavation. A slight amount of product was observed on the surface of the water. This product was removed during soil excavation. The water in the excavation is believed to be an accumulation of water from the fill material placed around the UST. 5. Four soil borings were advanced. Hnu meter deflections of 5 to 70 ppm were observed in two of the borings. Three soil samples were analyzed for BETX and total petroleum hydrocarbons (TPH). BETX for all three samples were nondetect. TPH ranged between 2.5 to 50 ppm. 6. Ground water was not encountered during the soil borings. 7. The consultant prepared a "Tank Closure and Site Exploration Documentation" which recommends no further corrective action. Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester CIM SEP.- 7 '90 Equal Opportunity Employer • Printed on Recycled Paper . Mr. Jim Giebenhain Page Two September 5, 1990 Based on the currently available information, we believe these actions have adequately addressed the petroleum tank release. 'Therefore, MPCA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Petroleum Tank Release Compensation Board (Petro Board). More specific eligibility rules are available from the Petro Board (612/297-4017). Thank you for your cooperation with the MPCA in responding to this petroleum tank release to protect the public health and the environment of the state of Minnesota. If you have any questions regarding this correspondence, please call me at 612/643-3462. Sincerely, Barbara Jablonski Project Leader Tanks and Spills Section Hazardous Waste Division BJ:baj cc: Laurie Rauenhorst, City Clerk, Plymouth Lyle Robinson, Fire Chief, Plymouth Greg Lie, Hennepin County Solid Waste Officer am SEP - 7'90 D Y�c�ln =- `'s J City of Plymouth Department of Parks and Recreation 3400 Plymouth Blvd. Plymouth, Mn. 55447 September 4, 1990 Dear Manager: I am writing to express my disappointment at the way the team assignments for Girls' soccer were handled. We live on 54th Avenue, near Zachary, in northeast Plymouth, and expected to be on a team using Zachary Field primarily. I sent in the registration early last spring to be sure, because the registration material indicated to send it in early to be sure to get on a nearby team. When I finally received the team schedule (not until Friday, August 31st) I found my daughter (in first grade) is assigned to a team using fields at Oakwood school, 20 minutes clear across town. When I called today to see if this could be changed, I was told there were not enough kids from Sunny Hollow to make a team, since this is a small area, and they were spread over other teams. Kids from the Zachary school area apparently were given priority for the Zachary team regardless of when the registrations were received. I was told no changes could be made, since the Zachary team was already full. I am disappointed that no effort seems to be made to let the Sunny Hollow kids be on a team nearby. Even though we are a small area, we are part of Plymouth, and pay our taxes like everyone else. I have been forced to withdraw my daughter from the program, since we cannot make arrangements to take her that far, especially on such short notice. My daughter is very disappointed, since she enjoyed the other two soccer programs she took through Plymouth. I hope better arrangements can be made for the kids in the Sunny Hollow area in the future, so this does not happen again. Sincerely, n� Janice Mileo cc: Kim Bergman Mayor is - SEP `•. 51090 t.�Sic, Il CIM SEP -7'90 pd,OF September 6, 1990 PLYMOUTR Janice Mileo 11540 54th Avenue N Plymouth, MN 55442 Dear Ms. Mileo: It is unfortunate that the schedule for the first and second grade girls soccer program was a disappointment to you and your child. This is the first year that the first and second grade girls have been separated into their own league. Previously, the girls and boys played together. Because of the large numbers in the co-ed program, it was much easier to create teams of children from their own neighborhood. The girls program was separated in order to encourage more participation by girls. This in fact has happened. The girls registration in this age grouping has approximately quadrupled from last year. Even with the significant increase in registration in the girls first and second grade program, there are not enough girls to separate into a northern and a southern division. We are hoping that by. running the program with a small number of teams in 1990, that perhaps the word will get out and the program will grow to a size sufficient to support two divisions. None of that solves the problem of having to travel for you and your child this year. As more and more residents move into the northern area, and as more facilities become available in your area, it will become easier for us to better serve you. In all of our programming, we try to be sensitive to convenience issues for all of the neighborhoods. Registration numbers and facilities sometimes constrain .our ability to serve all areas equally. We will continue to try to do our best to serve residents in your area, and hope that you will find other programs more to your satisfaction in the future. Thank you for your input. Citizen input helps us to reevaluate our services to make sure that we are responding appropriately to community needs. Sincerely, I;fAA,f Mary Bisek Superintendent of Recreation MP/np cc: Director of Parks and Recreation Mayor Bergman 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550.5000aM SEP 7 ,90 City of Plymouth Department of Parks and Recreation 3400 Plymouth Blvd. Plymouth, Mn. 55447 September 4, 1990 Dear Manager: T- %S -T I am writing to express my disappointment at the way the team assignments for Girls' soccer were handled. We live on 54th Avenue, near Zachary, in northeast Plymouth, and expected to be on a team using Zachary Field primarily. I sent in the registration early last spring to be sure, because the registration material indicated to send it in early to be sure to get on a nearby team. When I finally received the team schedule (not until Friday, August 31st) I found my daughter (in first grade) is assigned to a team using fields at Oakwood school, 20 minutes clear across town. When I called today to see if this could be changed, I was told there were not enough kids from Sunny Hollow to make a team, since this is a small area, and they were spread over other teams. Kids from the Zachary school area apparently were given priority for the Zachary team regardless of when the registrations were received. I was told no changes could be made, since the Zachary team was already full. - I am disappointed that no effort seems to be made to let the Sunny Hollow kids be on a team nearby. Even though we are a small area, we are part of Plymouth, and pay our taxes like everyone else. I have been forced to withdraw my daughter from the program, since we cannot make arrangements to take her that far, especially on such short notice. My daughter is very disappointed, since she enjoyed the other two soccer programs she took through Plymouth. I hope better arrangements can be made for the kids in the Sunny Hollow area in the future, so this does not happen again. cc: Kim Bergman Mayor 1y, Cin 1'q � Mileo VM SSP 7 `b:i August 31, 1990 Mr. James Thomson Holmes & Graven Chartered 470 Pillsbury Center - Minneapolis, MN 55402 CIN OF PLYMOUTI+ SUBJECT:. LEGAL OPINION FOR HOUSING AND REDEVELOPMENT AUTHORITY Dear Jim: I send this to you as the Attorney for the Housing and Redevelopment Authority. The HRA on August 30, 1990 by motion directed that we get a legal opinion from you about the statuatory authority of the HRA. 1. What legal authority does the Plymouth HRA have to levy taxes for HRA programs and activities? Can the HRA exercise the levy authority without involvement (formal approval or concurrence) by the City Council? 2. Can the Plymouth HRA operate independently of the City Council with their own budget, to enter into contracts and to administer a variety of eligible programs using funds from available sources such as Federal programs and the HRA levy? I recall you addressed the legal status of the HRA several years ago with respect to the appointing -relationship with the City Council. The current question focuses more on the levy authority of the HRA but clearly the question of operating status should be addressed so there are no questions as to the statutory provisions and constraints. I am enclosing documents about the founding of the Plymouth HRA for your information. The next scheduled HRA meeting is September 27, 1990; I would appreciate hearing from you by September 21. Please call me or Jim Willis if you have any questions regarding this. Sincerely, MOMMUMM Blair Tremere Community Development Director Enclosure cc: James G. Willis File (pl/bt/jt.8-31:jw) e�9 &? 7 `90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 =-%15..1A August 31, 1990 CITY OF PLYMOUTR Ms. Barbara L. Solyst Treasurer Amhurst Homeowners Association P.O. Box 47154 Plymouth, MN 55447 SUBJECT: OUTLOT A OF AMHURST 3RD ADDITION Dear Ms. Solyst: The following are issues that were addressed in your letter of August 13, 1990, to Jim Willis, City Manager. We have discussed your concerns with Mr. Hans Hagen. Findings regarding your questions are as follows: 1. Q: What does the Development Contract call for? A: The Development Contract for Amhurst 2nd Addition calls for a trail to be connected from the City park trail (Outlot J of Amhurst 2nd Addition) to continue along the north part of Turtle Lake wetland and be connected with a trail that runs along the west side of Turtle Lake wetland (Outlot H of Amhurst 2nd Addition). The Grading Plan, as approved in the Development Contract for Amhurst 2nd Addition show a relatively flat grade with no evidence of any berming or pile of dirt on the plan. (Exhibit A and B) 2. Q: Who is the current owner of the lot? A: The current owner of Outlot A, Amhurst 3rd Addition (formally Outlot H of Amhurst 2nd Addition) is Hans Hagen Homes, Inc. It is not clear why the Outlot has not been turned over to the Quadraminium Homeowners Association -- other than the apparent desire by Hans Hagen Homes to use it for dirt storage (Exhibit D). Hans Hagen has informed us that he will have the property surveyed to ensure the trail does not encroach past the constraints of the Outlot. 3. Q: Who is in charge of maintaining this property? The plat shows the lot as an extension of -the Turtle Lake marsh area, which would lead to the assumption that the City should maintain the entire undeveloped parcel. A: The property owner, Hans Hagen, is the current responsible party to maintain this property. The Development Contract and approving Resolution 80-320 clearly states that Outlot H contains private open space and ponding area for the quadraminium development in Amhurst 2nd Addition. It does not indicate this is to be City public park area Exhibit C). Thus, the ultimate owner, the Homeowners Association will be responsible for maintaining the property. am SEP -7'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Ms. Barbara L. Solyst August 31, 1990 Page 2 4. Q: If the City is responsible for mai,ntaining the land, will the City mow it just like the park property on the east side of Turtle Lake? A: The City is not responsible for maintaining the land. 5. Q: Once the above questions have been answered, can the City force the developer to remove the dirt and make this eyesore compatible with the surrounding area? A: The pile of dirt began as a small berm and has grown to a large pile in 1990. The dirt pile is inconsistent with the approved grading plan for the outlot. For the dirt pile to be considered a public nuisance, per Section 2010 of the City Code, it is necessary to find that the dirt pile is dangerous, hurtful, or unhealthy to the neighborhood. These parameters are the guidelines for declaring a public nuisance as regulated in the City Code. The City asked the developer to provide a schedule for removal of the pile and for restoration of the site. He responded in his letter of August 28. 6. Q: After the dirt has been removed, will Hans Hagen or the City be responsible for sodding the area? In my telephone call with him of May 3, he referred to a "landscaping" plan. A: Hans Hagen is the current responsible party for this outlot. We received a "landscape plan" on August 30, 1990 showing any improvements for this area in addition to trail construction. Open areas not otherwise improved are normally planted with grass by the developer. I understand the site has been seeded. Mr. Hagen indicates in his letter of August 28 that, following review of his plan by the City, he will install the plantings during September. 7. Q: Will Hans Hagen take care of removing all evidence of straw and stakes and restore any damaged sod surrounding this lot? A: It is part of the City's administrative role to ensure this property complies with the Development Contract, and we will advise Hans Hagen that he should remove all erosion control devices and should restore all damaged sod surrounding this lot and the paved trail when the work is done and the devices are no longer needed. We appreciate your inquiry, and hope this helps answer your questions and concerns. Sincerely, Blair Tremere Community Development Director cc: File 79046 Chuck Dillerud, Community Development Coordinator VM SEP 7'90 James G. Willis, City Manager Hans Hagen, Hans Hagen Homes, Inc. (pl/mw/sol:dl) August 28, 1990 Ms. Myra Gibson Wicklacz Development Services Technician CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Amhurst/Tyrell Addition (79046) Dear Myra, om;• %S .x. IN, AUG -r 1990 'i V Vci'.�. )fdEN1 DEPT Enclosed herewith is the proposed landscape plan and the approximate contour plans for the parcel located at the intersection of 46th Avenue and Quantico Lane. The original grading plan called 'for this area to be flat, however, prior to construction of the townhouses lying south and east of this parcel, the property contained material that had very much the same grade as presently exists on the site. It was our intention to leave the grade (in current shape) during the marketing of the townhouses. Most of the material was removed from this site during the construction of the first phase of Tyrell, however, we did replace the material in anticipation of restoring it to the same shape as was present when the townhouses were sold. I told Barbara Sollis in the spring of 1990 that we would be grading the material before it was seeded and landscaped. The grading has taken place and it is our intention to install the landscape material and seed the property during the month of September 1990. You, can assure Barbara Sollis that the stakes will be removed from the hay bales once the property has been seeded and the root system controls the erosion. If Mrs. Sollis is concerned about children playing on the south side of the hill that abuts her property, we would be glad to install some additional landscape material that would prevent this activity. It is our opinion that this offers an interesting feature to the neighborhood and when it is landscaped it will become an asset rather than a flat piece of ground without any landscape material or trees. 2353 Rice Street North St. Paul Minnesota 55113 Phone (612) 483-0801 We Build Dreams. . Yim SE —7 'On M.- %sh Ms. Myra Gibson Wicklacz Page 2 August 28, 1990+ If it is the desire of the City to have the dirt removed, I am sure we can the people who have expressed an interest in purchasing the black dirt and have it all removed by the end of 1991. Before action is taken, it is probably appropriate to have the Park Director re_v_iew_ the site and discuss the extension of the'path system shown on' a landscape plan. Cordially, Hansjr. Hagen, Jr. Pre dent 'fr/HH Enclosure CIM SEP -7'90 EX41151T REVISED " p,�,tt-yues-r zN� D�IL . co N TeAGT. 3. UTILITIES (continued) 3.4 Private Utilities (Northern States Power Company, Northwestern Bell lelephone Company, etc.) shall not be installed until the boulevard or utility easements have bevel graded. All such utilities shall be installed underground. 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work.. 4.2 The Developer shall furnish all Engineering services as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department." 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineerirrc; Guildelines, City of Plymouth Engineering Department." The Developer shall pay to the City Treasurer upon execution of this Contract * Nine Thousand Six hundred Thirty-three and 64/100---------------( $9,633.64 ) to cover all City administration cost required in preparing and administering this Contract. 4.4 The Developer shall do all site greenway and open space areas, rivate streets in accordance w e plan. re p an s a in—di dire-� ed on the site. gradinq including building sites, common ponds. and-rfoce drainage ways, and a ith the approved grading, rains a and cate, by arrows, how the drainage wi be The Developer shall submit an erosion and sediment control plan in accordance with the City policy dealing with Erosion and Sediment Control, Resolution No. 77-163. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the clearing of sto rnr sewer, ditches, ponds, etc. necessitated by erosion from said land development; the Developer's bond will include said maintenance costs as shown in paragraph 8, Maintenance of Erosion and Sediment Control Plan. 5. Setting -of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. * $481,682 > 2.0 = $9,633.64 CIM SEP -7'90 0. (continued) • REVISED ESTIMATED COSTS Item a-tPublic(1) Private(2) Total Street Construction $ 140,064 $ 41,31110 $ 181,453 Sanitary Sewer System - 120,010 120,010 Watermain System - 91,211,11, 97 ?88 Sturm Sewer System - 63,488, 63,486 Boulevard b Drainage Swale Sod (80 x 200) _ 1(),000 16.000 Pond or Ditch Construction Street Signs (4 x 150) _ ()00 GOO Street Sweeping b Storm Sewer Cleaning - 2,000 ?,000 Park and Trail Improvements 7,137 34,000 41,137 (3) Site Grading b Drainage Improvements - 53,110f) 53,11.nO Maintenance of Erosion b Sediment Control Plan 1 ,50() 1 ,500 SUB -TOTAL: $ 147,201 430,073 577,274 Design, Admin., Insp., As-Builts (12%) - 51,609 51,601.) TOTAL: S_ 147,201 481,611? fi?F?,}i)i3 (1) Public Improvement Project - 25% deposit required. (2) Developer Improvements. (3) Trail nn Outlot li = $7,137 Grading and seeding Outlot J • $32,000 Gradinn and seedinri Outlot I a $2,000 -10- CIM SEP - 7 `90 REVISED 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate c. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completgd in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City•Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. • 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 79-5 __ by the City Council on _Su-tember 10. 1979 subject to fourteen (14) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. 9 by the City Council on --- --- 13. Land Dedicated for Public Use, Parks and Private Recreation Areas 13.1 The develoepr shall qrant a trail easement for and shall grade and seed the trail along the west side of Outlot H from the south boundary of the plat to the north line of Lot 28, Block 3 in accordance with City standards and specifica- tions. Further, the dexQJQper shall_nav_ h [Ajl in accordance with City standards and specifications at the same time the streets are paved. The cost of the bituminous surfacing will be credited against park dedication cash require- ments (estimated cost trail surfacing is 793 feet x S9 per foot = $7,137.00). 13.2 Fee title transfe-r to the City of Outlots I and J for trail and park purposes (11.43 acres) following grading, seeding, and sodding by the developer in accordance with a plan to be prepared by the developer and approved by the City. The improvements shall be completed by September 1, 1981. The plans submitted to the City for approval of the-parl(area shall provide for the following: a. Raise all areas of the park above the high water elevation of 964.0 feet. Any areas of the park that are approved on the plan as permanent ponding areas will be an exception to the elevation of 964.0 feet. b. Establish positive drainage across the park area by either gradinq or storm sewer, but without open ditch drainage in the park. 13.3 Dedication requirements have been -determined in accorlance with current City Council policy, Resolution No. 79-738. Status of the park dedication require- ments for Amherst RPUD as follows: the dedication of Outlots I and J, Amhurst Second Addition for trail and park purposes, plus the S2,310.00 fees paid in lieu of dedication for Amhurst Addition, satisfy the park dedication requirement -12- CIM SEP - 7 '90 REVISED for 278 dwelling units. The total park dedication obligation for the Amhurst RPUD is 14.40 acres; Outlots I and J, Amhurst Second Addition, comprise 11.43 acres; the balance of the dedication obligation, after consideration of the fees paid in lieu of dedication witFi the Amhurst Addition (52,310) and after credit for trail improvements in the Second Addition (S7,137.00),will be satisfied by payment of fees per dwelling unit platted over 278 units and/or future credits for park/trail in,provements approved by the City Council in accordance with the park dedication policy. 14. Other Requirements 14.1 Compliance with the City Engineer's Memorandums for this project, noting that item #4 of the February 21,.1980 memo has been completed. 14.2 Compliance with City Policy Resolution No. 79-80 regarding developments containing or adjacent to a storm water holding area. 14.3 All minimum yard setbacks shall be in accordance with ordinance standards with the following exceptions: side yard to garage 5 feet; side yard to dwelling 10 feet; and all corner lots on 46th Avenue North shall be 20 feet as shown on the plan dated 2/17,'80. 14.4 Minimum width of installed east/west collector street within the desi.nnated 60 foot right-of-wal shall be 36 feet with final dimensions and design to he verified by the City Engineer. 14.5 All double fronting lots along 46th Avenue North shall be designed to exit on the least traveled street. 14.6 No building permits shall be issued until the final plat has been filed with Hennepin County. 14.7 No certificates of occupancy to be issued for dwelling purposes until City sewer and water connections have been made. Model fomes may be permitted subject. to Building Official approval. 14 8 Submittal of revised entrance monument sign plans, reduced in size, prior to issuance of sign permits. Petitioner to meet with staff to review previous apr,roved PUD entrance monument signs. 14.9 Landscaping in quadriminium area per approved plans, including berming; ordinance required performance guarantee for 24 months to be submitted prior to quadriminium building permits. 14.10 Landscaping is to be added along the trail corridor and plans shall be submitted for review. 14.11 All dead or diseased trees shall be removed at owner's expense. -13- CIM SEP - 7 '9U ;r 1� �� CITY OF PLYMOUTH 0 is Pursuant to due call and notice thereof, a re•ular meeting of the City Council of the City of Plymouth, Minnesota was hold on the igth day of Ma , 19 80 . The following members were ,resent: Councilmembers Hoyt, Neils and Schnee er The followinq members were absent: ayorun ounce mem er avenpi5r-1-- Councilmember Schneider introduced the following Resolution and noved its adoption: RESOLUTION NO 80-320 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF FINAL PLAT FOR "AMHURST SECOND ADDITION" FOR BAN CON, INC. (79046) RPUD 79-2 WHEREAS, the City Council on March 17, 1980 approved Resolution No. 80-179 setting conditions to be met prior to filing of a plat approved under Resolution No. 80-178; and, WHEREAS, the City Council has approved the revised final plat and revised develop- ment contract for Amhurst Second Addition as requested by Ban Con, Inc.; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following to be n,. prior to recording of said plat with Hennepin County: 1. Compliance with the City Engineer's Memoranda for this project noting that Item #4 of the Feoruary 21, 1980 memo has been completf'd. 2. Street naming to be in accordance with adopted Street Naming Policy. 3. Homeowners Association documents to be reviewed by the City Attornev shall include reference to Outlot H as containing private open space and ponding area of the quadriminium development. 4. Compliance with applicable sections of Section 9, Subdivision 2 of the zoning ordinance relative to final platting documents for planned unit developments. FURTHER, that Resolution No. 80-179 is hereby rescinded. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Hoyt , and upon vote being taken thereon, the following voted in favor t ereo : Councilmembers Hoyt, Neils and Schneider The following voted against or abstained: None Whereupon the Resolution was declared duly.passed and adopted. �S1n *** CIM SEP -7 'yip e7xt4tgi* - WRST SUPPLE M NTARY DECLARATION COVENANTS, CONOITIONS; RESTRICTIONS AND EASEMENTS FOR AMHURST QUADROMINIUMS This First Supplementary Declaration, dated this day of 1981 is made by Hans Hagen Homes,Inc. a Minnesota corporation (hereinafter sometimes referred to as "Declarant"). WHEREAS, Declarant made and executed a "Declaration of Covenants, Conditions, kestricitons and Easements for"Amhurst Quadrominims", whicn is dated December 10, 1980, and was filed in the Office of the County Recorder in and for Henneoin County, Minnesota, on December 19,1980, as Document No. 4612238, and is hereinafter referred to as the "Declaration" and WHEREAS, Article XII, Section 4 of said Declaration provides that: "Additional residential property and Common Area may be annexed to the Properties withthe consent of 75% of the members. Additional land within the Proposed Development Area may be annexed by the Declarant without the consent of other Owners on or before June 1,1985 provided that if the VA and/or the FHA has theretofore approved the general plan of the proposed development, the FAA and the VA shall determine that the annexation is in accord with such qeneral plan and provided further that the fee owner of any such additional land shall provide written consent to the annexation of additional lands with the Proposed Development Area. Such annexation shall be accomplished by means of one or mere supplemental declarations executed by declarant and recorded with th,& appropriate office of land records in Hennepin County, Minnesota." WHEREAS, Declarant is the owner of the following described real estate, which constitutes a portion of the Proposed Development Area iescr;bed in said Declaration and which Declarant now desires to submit, annex and add to the Properties described in said Declaration: Lots 1 to 12, both inclusive, Block 1 and Outlots A,B and C, Amhurst Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota WHEREAS, the Federal Housing Administration ("FHA").(as evidenced by letter CIM SEP `7'90 attached hereto as Exhibit A) and the Veterans Administration ("VA") ( as evidenced by letter attached hereto as Exhibit B) have determined that the annexation hereby effected is in accord with the P_neral plan heretofore approved; NOW, THEREFORE, Declarant hEreby declares that the following described real property hereby is submitted, annexed and added to s::id Declaration and to the Properties defined and described therein, and shall be transferred, held,sold conveyed and developed subject to all the easements, covenants, restrictions, conditions, and other terms and provisions of said Declaration to the same extent as though originally submitted thereto; Lots 1 to 12, both inclusive, Block 1 and Outlots A,B and C, Amhurst Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota and that there is hereby added to the definition of Common Area under said •,ec•laration the following: Cutlots A. 8 and C, Amhurst Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota IN W: .ESS WhEREOF, the above-named corporation has caused this First Supplementary Declaration to be executed the day and year first above written. (SEAL) STATE OF MINNESOTA) By Its And Its COUNTY OF HENNEPIN CIM SEP The foregoing instrument was acknowledged before me this day of , 1981, by and respectively the an of Hans Hagen Homes,Inc. , a Minnesota Corporation,on behalf of the corporation. CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 RECYCLING CASH DRAWING NO WINNER Next Week: $200 UPCOMING MEETINGS AND EVENTS.... 1. NEXT COUNCIL MEETING -- Monday, September 24. Regular City Council meeting, 7 P.M. Plymouth Forum at 6:30 P.M. 2. FINANCIAL TASK FORCE -- Wednesday, September 19, 4 P.M. The Financial Task Force will meet in the City Council conference room. Agenda attached. (M-2) 3. BOARD OF ZONING -- Wednesday, September 19, 7 P.M. The Board of Zoning, Adjustments and Appeals will meet in the City Council chambers. (M-3) 4. METRO COUNCIL REGIONAL MEETINGS -- Wednesday, September 19, and Wednesday, October 3. Steve Keefe, Metropolitan Council Chair is hosting two breakfast meetings for local officials in Hennepin County. September 19 - T. Wrights, Wayzata; October 3 - Days Inn, Brooklyn Center. You may attend either of the meetings. A copy of the meeting notice is attached. (M-4) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 2 V 5. CITY EMPLOYEE SAFETY PROGRAM AWARDS LUNCHEON -- Wednesday, October 3. The 13th annual Employee Safety Awards Luncheon will be held at the Plymouth Place Hotel. Council members are invited to attend. In order to accommodate all employees, two luncheons are scheduled; the first at 11:15 a.m., and the second at 12:45 p.m. In addition to the awards presentation, there will be a brief program on the status of Plymouth's safety efforts by the City's insurance administrators. Please contact Judy McMillin by September 21 if you plan to attend. 6. MEETING CALENDARS -- September and October meeting calendars are attached. (M-6) FOR YOUR INFORMATION..... 1. QUAIL RIDGE UPDATE -- The developer has completed all of the final wearing surface on the streets within the Quail Ridge Addition. There appears to be a minor correction on a gate valve or manhole within one of the cul-de-sacs. With regard to the public improvements, the only remaining work is the replacement of approximately 150 feet of concrete curb and gutter along County Road 9. The following improvements to the common open space of have been accomplished: 1) The dirt pile formerly located at, the southeast corner of the common open space has been removed. Most of the material has been relocated to undeveloped lots owned by the developer near the intersection of Polaris Lane and 44th Avenue North. 2) Grading of the outlot has taken place both at the south end and at the north end. This activity was not as yet complete. 3) -The landscape contractor cleared and removed landscape materials that have died. New landscape materials are being installed at various locations. 4) The only common open space item that is 100 percent complete is the removal of the first pile in the southeast corner of the outlot. CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 3 2. KINGS NORTH ADDITION DRAINAGE CONCERN UPDATE -- We have a meeting scheduled for Monday morning with the developer, builders and residents to explore one or more possible solutions to the existing problems. A copy of Fred's report is attached. Fred and I believe we will be able to arrive at an acceptable.solution shortly. Attached is a letter from Terry and Lynda Sandvold, 4550 Glacier Lane. (I-2) 3. SCHMIDT LAKE ROAD CONSTRUCTION PROJECT -- Gannon Brothers Construction is the prime contractor for the Schmidt Lake Road project, east of Zachary Lane.- Fred Moore informs me that the consulting engineers, as well as Fred's office have had to correspond with the contractor, as well as his bonding company because of our concern with respect to the progress on the project. The contractor has not been moving as rapidly as we believe he should have been to remove the surcharging across the wetland area in order that the project can be completed by the October 15 construction completion date. Copies of the recent correspondence with respect to this matter is attached for your information. The contractor did start on the surcharge material removing last Tuesday afternoon, although they have not been on the job continuously. We have also put the contractor on notice that we will commence liquidated damages for this project on October 15 if the work is not completed. (I-3) 4. COTTONWOOD PLAZA - VEHICLES PARKED FOR SALE -- Recently a member of the Planning staff, Myra Wicklacz, observed that motor vehicles were being offered for sale at the Cottonwood Plaza. A Community Service Officer looked into this matter on August 30. Mr. Jerome Begin told the CSO that he had received permission to sell the vehicles from the Mayor and Chief of Police. I discussed this matter with the Chief of Police and the Mayor. Chief Carlquist indicated he has never discussed the matter with Mr. Begin. Mayor Bergman indicated that he had been approached by Mr. Begin, but had told Mr. Begin that he wasn't aware whether it was legal or not to sell cars from the site. In any event, after my conversation, Mayor Bergman called Mr. Begin, informed him of the ordinance prohibition, and asked that he terminate the sale of vehicles on the site. Mr. Begin indicated he would comply. (I-4) 5. ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMM) -- The AMM met on Thursday, September -6 to discuss their proposed work program, as well as dues increase. Plymouth was not represented at the meeting. Following the meeting I contacted Mr. Vern Peterson as was informed that the membership voted to adopt the program and the dues increase as proposed. The dues increase in CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 4 Plymouth's case would mean an increase from $5,322 in 1990 to $6,333 in 1991. 6. PUBLIC SAFETY BUILDING NEEDS ASSESSMENT -- Councilmember Ricker has asked that we provide the Councilmembers with data developed by the staff which is being used by consultants to determine needs for the proposed new public safety building. Public Safety Director Carlquist has provided me with a copy of the questionnaire submitted to him by Rebanks Architects, who are working with BRW on this project. The other architects, Polson Trossen Wright, did not request the Public Safety Director fill out a questionnaire. Both firms, however, did spend a good deal of time interviewing the Public Safety Director and others in this department to gain information which they are using to develop their report recommendations. (I-6) 7. WATER RESTRICTIONS -- At the last Council meeting, Councilmember Zitur discussed briefly the matter of the City's water restrictions. At that time I noted that I had received no complaints with respect to enforcement actions taken by Community Service Officers for alleged violations. Finance Director Dale Hahn has informed me that we have issued only one penalty in 1990 for water use violations. Public Safety Director Carlquist also informs me that Community Service Officers have issued 96 warnings to Plymouth residents. It is my belief that the vast majority of our water users are complying with the water use restrictions. While there may be an occasional inconvenience resulting from our water use restrictions, I do not believe it is raised to the point where a change in our system is warranted. On the contrary, the system is working as designed and I believe merits continued public support. 8. PRIMARY ELECTION RESULTS -- Attached are the election results by precinct. Turnout at 6,906 ballots cast is 21.2 percent of the registered voters. For comparison purposes, the last state primary in 1988 had a turnout of 2,722 or 9.5 percent of the registered voters. Election results were posted in the City Council chambers as they were made available by each precinct. In addition, a separate results tape was provided to the League of Women Voters. Overall, we received very few comments on the administration of the election. The most common complaint was from voters that they couldn't crossover and vote for candidates of more than one party. No problems occurred with our new State Voter Registration System. We did experience problems in several of the precincts with the Optical Scan voting equipment; however, this did not hinder the election process in O -P f CXTY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 5 these precincts. We are presently conducting diagnostic testing of the Optical equipment to determine if machine problems were to blame or if the heat/humidity in some of the buildings played a part in the problems. Preventive maintenance on the equipment will be done prior to the General Election. (I-8) 9. PARKS PROJECTS UPDATE -- Attached is a Parks projects construction update from Eric Blank. (I-9) 10. RECONSTRUCTION UPDATE -- The attached Reconstruction Update bulletin was mailed to residents September 11. (I-10) 11. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-11) 12. PRAC RESIGNATION -- PRAC Commissioner Barbara Edwards has submitted her resignation. Barbara will be moving out of Plymouth the end of September. A copy of her resignation letter is attached. (I-12) 13. FOURTH -PARTY SUMMONS - Attached is a copy of a Fourth - Party Summons served September 13 on the City. The summons involves a personal injury to a child as a result of a bicycle accident occurring on Wayzata Evangelical Free Church property. (I-13) 14. MUNICIPAL LEGISLATIVE COMMISSION -- Minutes from the August 29 meeting of the MLC Operating Committee are attached. Includes with the minutes are the following items: a. Letter to Minnesota Fair Share illustrating what would happen if their proposal of a flat rate of 1% on all residential dwelling units were enacted. b. Information on the October 11 regional breakfast with City officials and legislative candidates at the Plymouth Place Hotel. c. MLC suburban issues survey to legislative candidates: d. Memorandum from Bob Renner regarding the market value of different homes by geographical regions. (I-14) 15. PLYMOUTH HISTORICAL SOCIETY -- Attached is the September newsletter from the Plymouth Historical Society. The Historical Society will host an Open House at the Historical Building on Sunday, September 16 from 2 - 5 P.M. (I-15) CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 6 16. DEPARTMENT REPORTS -- The Police Department monthly activity report for August is attached. (I-16) 17. SPECIAL ENFORCEMENT ASSIGNMENT -- Patrol/radar enforcement assignments were conducted in response to resident complaints on the issue of cars speeding when being "test driven" in the area of Sunset Trail to 5th Avenue, Zinnia and Berkshire Lanes. The assignments were conducted on two Saturdays - August 25 and September 1. A memorandum from Sergeant Ron Foreman is attached giving the results of the assignments. Three speeding tags were issued. However, none of the cars ticketed were involved with area car dealers. (I-17) 18. CUSTOMER SERVICE LINE -- Correspondence and staff follows up to calls received from the Customer Service Line are attached. (1-18) 19. HOUSING ARTICLES -- Three newspaper articles relating to the housing market are attached. (I-19) 20. BZ CORRESPONDENCE -- I have received the following correspondence on City employees: a. Letter from Marge A. Knourek, 16925 - 11th Avenue North. (I -20a) b. Letter from Jimmy Galovan, 10310 27th Avenue North. (I -20b) 21. a. Letter to Conrad Wencka, Chief Transportation Officer, Soo Line Railroad, from Frank Boyles, relaying the City Council's questions regarding the Railroad's operations within the City of Plymouth. (I -21a) b. Letter from Connie Anderson, 3735 Vinewood Lane, on concerns with the water and sewer utility billing process and charges. A response from Dale Hahn is also included. (I -21b) c. Letter from David Landswerk, Wayzata Schools, confirming the October 29 joint School Board/City Council meeting. (I -21c) d. Letter from Linda Powell, Robbinsdale Schools, confirming the October 8 joint School Board/City Council meeting. (I -21d) e. Letter of appreciation to Percy Greenberg, Copper Sales, Inc., from Dick Carlquist, for $500 donation to the Police Bullet Proof Vest Fund. (I -21e) CITY COUNCIL INFORMATIONAL MEMORANDUM September 14, 1990 Page 7 f. Letter from James White, Minneapolis Community Development Agency, thanking Blair Tremere for a tour of the Parkers Lake PUD. (I -21f) g. Letter to Gregory Wright, from Glen Upton, Weed Inspector, concerning a weed problem on the corner of 45th Avenue and Juneau Lane. (I -21g) h. Letter from Mark Hartman, 4935 Pineview Lane, to Mayor Bergman, commenting on Schmidt Lake Road curb and gutter assessments. (I -21h) i. Letter from Mrs. Gary O. Dean, 18115 Medina Road, to Mayor Bergman, concerning the extension of sewer and water improvements. (I -22i) j. Letter to Bob Burger, from Blair Tremere, relative to comments on the City Code building construction regulations. (I -22j) k. Letter to Dr. David Landswerk, Wayzata Schools, from Fred Moore, concerning water service for Greenwood Elementary School. (I -22k) James G. Willis City Manager -off FINANCIAL TASK FORCE AGENDA September 19, 1990 4:00 — 7:00 P.M. 4: 0 0 p. m. How is the Property Tax Bill Calculated? 4:15 p.m. 1990 City Budgets- - Review Revenue Source — Review Expenditures by Activity 5: 3 0 p. m. Dinner 6: 0 0 p. m. Review 1990-1994 Capital Improvement Program 6:45 p.m. Questions from Task Force Members based upon what you have heard to date. Where do we go from here? Set dates for next three meetings NOTE: Please bring your budgets and other materials for reference. GIM SEP 14'90 ?A -3 BOARD OF ZONING ADJUSTMENTS AND APPEALS PLYMOUTH CITY CENTER COUNCIL CHAMBERS 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55447 WEDNESDAY, SEPTEMBER 19, 1990 7:00 P.M. AGENDA 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3. APPROVAL OF MINUTES May 15, 1990 and July 10, 1990 4. NEW BUSINESS A. Jerome and Betty Begin (09-02-90) Variance to allow a 65' Shoreland Management Setback versus the 200' Ordinance Standard in order to allow the construction of a private "picnic shelter". B. David and Anna McQuoid (09-03-90) Variance to allow a 9 foot side yard setback versus the Ordinance Required side yard setback of 15 feet, and a variance to allow a 12 feet and 18 feet Shoreland Management setback versus the 50 foot Ordinance Standard in order to construct a three season porch and two decks onto the rear of their home. C. Kevin and Terrie Christian (09-04-90) Variance to allow a 14.5 foot front yard setback versus the Ordinancerequired front yard setback of 35 feet, and 25% lot coverage versus the Ordinance Standard of 20% to construct an addition onto their existing attached garage. D. Richard and Diane Haines (09-05-90) Variance to allow coverage of 62% of the area of the required rear yard versus the Ordinance Standard of 30% coverage of the area of the required rear yard. E. Udo Schulz (09-06-90) Variance to allow a 13 foot Shoreland Management Setback versus'the 75 foot Ordinance Standard for the construction of an elevated "play house" structure. 5. ADJOURNMENT CIM SEP 14,90 M — 11 VAA METROPOLITAN COUNCIL Mears Park centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 REGIONAL BREAKFAST MEETINGS FOR LOCAL OFFICIALS IN HENNEPIN COUNTY Metropolitan Council Chair Steve Keefe invites you to his annual regional breakfast meetings for local officials in Hennepin County. These meetings will provide an opportunity to talk about the issues the Council is dealing with and for you to express your ideas about the Council and its work - Chair Keefe will discuss the Council's priority projects for next year, and some of the metropolitan issues the Council thinks the legislature may address in 1991. Council members are also interested in hearing what you think the Council is doing right, what it is doing wrong and what it should be doing in the future. Two meetings are scheduled for local officials in Hennepin County. You may attend one or both of these meetings. Following is the schedule. WHEN: Wed., Sept. 19, 1990 WHEN. Wed, Oct. 3, 1990 7.•30 - 9 a.m. 7.•30 - 9 a.m. WHERE: T. Wrights WHERE: Days Inn 3310 S. Hwy. 101 1501 Freeway Blvd Wayzata Brooklyn Center OM SEP 14'90 COST: $4, includes breakfast, COST $6, includes breakfast tax and gratuity tax and gratuity ft SEP " RSVP BY. Sept. 14 RSVP BY Sept. 28 ' ' ' i _ , i- To RSVP, please call Bernadine Scott at 291-6500. a 0 V o n U) N N LL O V cb N M It r W O O F Of O ¢ 3 N M W m O Ui N Q> to N M O O O LO N N 2 n r N N N 0 a� cr W m W W OD LO N LL N M M ILi Y` —ko N !n m O N O W CD O r OD IA N QI N N O C-4 ... •tee: .}>, . :a,. .•ti• .. �. ••N. O O N N f N y ILi Y` —ko CIM SEP 14'90 a Y i CC 'ty o QO� cn 00 N Na) o Q 0 r 00 1� N N • In W C'3 Z } z Q � 2 z uj ; w cc UJ a a ~ M O r*l C0 N N LD LO W N c>o CO Z cr��o w -- O z .. LD .� p cc P4 W M:Z. 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L� .. ., , r:.e,-'•-•: , n�t.r., y.:. �l:•t.: �..�.:r r• .r l�.:,r•. i`Y .: ,v.>a i....... ... ..�.t. ... C••�: .+. .a:.r.�-. (n 00 N N, ,tan elm btr s T; — ..; ►I ; S MEMO. - . y♦. .^..+. .r ..... �4i. •. r-.il:(•'♦. •v ... ./.11 .. r.. .. ♦ •ii+u. .v. .x.5..1 .... .. i. L:i.i/. .•i' .< v-w.n'rv. r •: t'.Y•.-�'v ..... ..�3'-.r ♦•. •v^ri". ^.. .. .•fl.♦ .: ;7.. ...r .� r. .rn.. CITY OF, PLYMOUTH , 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 * DATE: September 14, 1990 TO: James G. Willis`-- City Manager FROM: Fred G. Moore; -Director of Public Works SUBJECT: KINGS NORTH ADDITION DRAINAGE CONCERNS - LOTS 22, 23, 24, AND 25, BLOCK 2 Attached is a copy of a letter which I have received from Jeff Shopek of Merila and Associates. This is the consulting engineering firm for the developer of the Kings North Addition. As was addressed in your August 31, 1990 memorandum, they were to review whether the drainage swale behind Lots 22, 23, and 24 was necessary in order to convey the 100 year storm event. The original design of the subdivision required this swale. The conclusion of the consulting engineer is that the swale is not required for the 100 year storm event, if a restriction is placed in the existing 18 inch pipe on Fernbrook Lane. The water will only pond to a six inch depth in the gutter line on Fernbrook Lane. Since the curbing along the roadway is six inches high, the water will not overflow the curbing and get into the pond which is on :the east side of Fernbrook Lane, and therefore, discharge to the storm drainage swale. The existing 18 inch pipe would need to be restricted to a 15 inch diameter pipe at Fernbrook Lane and 45th Avenue. The drainage swale which was to be constructed on the Loehr's, Pike's, and Sandvold's property is not necessary except for drainage of each one of these properties. There is also an existing 18 inch storm sewer along the same lots and the drainage can also be conveyed by the storm sewer. Any drainage problem which exists on these three properties can be solved independently of each other. It is my recommendation that the Loehr's and Pike's work with their individual builders and agree on a solution to any drainage problem which exists on their individual lots. The solution to any drainage problem which exists could involve regrading of that lot, installation of small inlets on the 18 inch storm sewer, or a drain tile line within the property. The solution could also be a combination of all three. It is further my recommendation that the schedule to commence the work, the actual work which will be undertaken and who pays this cost is between the property owner and the builder. circ SEP 1 x n SUBJECT: KINGS NORTH ADDITION September 14, 1990 Page Two ...�. .. • -��... ... .� .. .w.. .. i.'u: ..r ..... }.. ... .. r..6d .. .. ..•��...avri•a. - ..5t\•..: ;`Ye ...... a. ,. ae.. ..•r....-.•�4:<�•>e-.. r. i'-. r•.. .w ... ;.r...� , The existing drainage ditch, which is on the Kern's property and extends easterly to Fernbrook Lane, must remain in place. The developer provided a 20 foot easement for this drainage ditch and the ditch was to be constructed within the easement. This drainage ditch has not been constructed within the provided easement. Also, the drainage ditch, as constructed, has too steep of side slopes and they need to be flattened. This can be accomplished as part of the relocation of the ditch. Also, this drainage ditch outlets into the storm sewer pipe at the property line between the Kern's and the Loehr's. This pipe is 20 feet from the rear property line, and therefore, at the edge of the drainage easement as established on the Kern's property. In order for the drainage ditch to outlet into the existing storm sewer, an additional easement must be acquired on the Kern's property. Another alternative to this is to construct a manhole approximately 20 feet west of the end of the existing storm sewer line. The easterly 20 feet of the storm sewer line would then be removed and reinstalled in order that the end of the pipe would be approximately at the center of the 20 foot drainage easement. It is my recommendation that it is the responsibility of the developer to regrade and establish a proper drainageway from Fernbrook Lane to the storm sewer pipe on the common lot line between the Kern's and Loehr's. The total cost to do this work should be the responsibility of the developer. Before the developer regrades the ditch and moves the existing storm sewer to have it within the established easement, he or his representatives should meet with the Kern's and any other affected property owners to discuss the design of the open drainage ditch. This would include the consideration of any of the property owners granting additional easements which may eliminate the need to reconstruct the existing storm sewer to place it within the existing drainage easement. Other work which must be accomplished is the construction of the restriction in the existing 18 inch pipe at one of the catch basins on Fernbrook Lane. I estimate the cost to do this work at approximately $500. I recommend that the City be responsible for placing this restriction and paying for its cost. This memo is being provided to each one of the parties listed on your distribution list. To that list I have added Joel and Kathy Holger since they submitted a letter since the original list was prepared. Also, I have added Jeff Shopek of Merila and Associates. You have previously established a meeting for Monday, September 17 at 9:00 a.m. where the parties will meet at the Plymouth City Center building to discuss the solutions as I have recommended in this memorandum. It will be the aim of the parties, including the homeowners, to collectively agree to a solution at this meeting. FGM:kh attachment am SEP 1+'90 Merila & Associates ERI LA 8401 yAvenue North. Suite 63 �Em M Brooklyn n Park, Minnesota 554288- 1.508 �� Telephone (612) 533-7595 . Fax(612)533-1937 • September 12, 1990 4 /J. REcEIVF0 Mr. Fred Moore, SEP 12 City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Kings North Block 2, Lots 22 through 27 Meri la Project No. 86-059 Dear Mr. Moore: Per the questions raised in our meeting of August 29, 1990, about the need for an emergency overflow for the 100 -year storm through the rear of Lots 22 through 27, and after our site visit on September 4, we have analyzed the 100 -year flood within this drainage basin. We analyzed the capacity of the existing 18 inch RCP in the rear lots of 22 through 27 with a two foot freeboard below the existing building openings. In order to limit the discharge from the city pond and the catch basins at Fernbrook Lane and 45th Avenue, a maximum 15 inch diameter orifice would have to be installed in the northwest catch basin of this intersection. The installation of the orifice will limit the discharge from the intersection and also allow for the runoff from the rear yards without exceeding the two foot freeboard. The 100 -year flood elevation within the intersection of 45th and Fernbrook will be approximately 991.7, or approximately 6 inches above the gutter line. This will still allow for a drivable lane at the center of the street until the water subsides. If the orifice is installed, there would be no need for a 100 -year emergency overflow. Therefore, the surface drainage problems for each lot could be approached on an individual basis and small inlets could be installed over the existing 18 inch RCP to resolve the surface drainage concerns. Please call me at 533-7595 concerns. Sincerely MERILA & ASSOCIATES, INC. Je frey A. Shopek, P.E. Project Engineer JAS:cab if you have further questions or September 1, 1990 Honorable Kim Bergman, Mayor city of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Bergman: R8: Kings North Drainage Issue On September 11 1990, we received copies meeting between the builders, developer Also included were copies of letters of and the Pike's. Z Z_2J A"A of letters regarding the and city council members. concern from the Loehr's We, as one of the homeowners in this particular area, also have concerns which appear to be contrary to the majority. We wish to speak for ourselves and not be spoken for in generalizations. We have invested in extensive landscaping in our yard and do not currently have a problem with our yard drainage. Mr. Fred Moore has also informed us that we do indeed have a one and one-half foot pitch to our back yard from east to west, which is allowing good drainage on our property. With the proposed alterations to be made in the three adjacent yards, has anyone taken into account that this may create a problem for us. Is there any guarantee that dropping our yard an additional foot to two feet will not create a problem for our yard, the retaining walls and the supports for our deck? Although others do not want their yards changed greatly, by our understanding from Mr. Moore, our yard will be the most altered. We have been told the proposed swale with the new pipe would become one to two feet deeper and broader at the end of our yard. This is a most ridiculous situation for us since we have not complained nor will we about the drainage. The only difficulty we had was around the culvert which washed out due to no rock to retain the dirt. This difficulty has been since remedied by Mr. Moore, Mr. Sandvold and Mr. Roberts. We will not agree to paying for more landscaping as suggested by Mr. Moore and Mr. Willis on a recent visit to the site or agree so an assessment for these drastic alterations. P 7M- cZ/ Evidently the adjacent property owners are eluding to a statement about an alteration to our lot and therefore we will have to have some responsibility for our yard being defaced by city workers for a problem we do not have. We truly question what this statement is implying. We want this clarified by said parties at the special meeting on September 17, 1990. We can assure you that when our yard was landscaped, we took great care in the planning of the project. Our landscaper was careful to cut into the natural incline across the back of our garage. (LDK informed us the area behind our garage was needed for the footings for the garage.) Our landscaper deepened and broadened the center of the back yard, running east to west in order to allow the proper drainage of water which he noted ran into our yard from the east and south. He designed the west side of our lot to have rock in order to allow water to more readily drain at that end of:the lot. The point that appears to be overlooked and is not currently being addressed is the standing water issue. Mr. Fred Moore said at the very end of the August 20, 1990 council meeting that all of these alterations would not remedy this issue and would not eliminate the basement problems for the one property owner. Our initial understanding of this concern topic was the very issue of standing water. It appears the concern has changed and is now generating more problems and subsequently involving more parties that do not wish'to be involved. One recommendation discussed with Fred Moore could be to let the homeowners independently have their yards graded if needed and install access drains on yards needing drainage connected to the main pipe, then each yard can get proper swale and drainage. This would eliminate the standing water problem according to Fred Moore. We take a great deal of personal pride in our home and our property. We moved into a new home on June 28, 1989 and improved the appearance of the yard in order to add to a beautiful neighborhood and community. It is very frightening to think that this will be partially destroyed due to this matter and appears it is totally out of our control. Most unfortunately this situation Will not have a satisfactory resolution for all parties concerned and will probably result in very strained relationships. This greatly concerns us because we moved to this neighborhood due to the personable ways of the people surrounding our residence. This is written to express our feelings and thoughts on this issue in written form and to compliment the letters sent by other residents of the King's North area. C1M SEP 100 The situation is forcing us to secure legal council in order to better assure that our rights and wishes are more accurately protected and represented. — We are hoping this will result in a satisfactory resolution for those concerned with the least degree of emotional and financial expense. If you have any questions, please feel free to call Terry prior to the September 17, 1990 special meeting. Work ,i's 339-0141 or 339-2592 Since , Terry ad Lynda Sandvold enclosures: Pictures Irrigation and retaining wall blue print CC: Council members: Helliwell Ricker Vasilou Zitur City Manager, J. Willis Director of Public Works, F. Moore 0" Su 100 k�_ Ln v1 I �aoT��-� fb SEP 14 Z3 CIN OF PLYMOUTFf September 13, 1990 TransAmerica Insurance Company c/o Cedarleaf, Cedarleaf & Cedarleaf, Inc. 360 West Larpenteur Avenue St. Paul, MN 55113 SUBJECT: PERFORMANCE AND PAYMENT BOND NO. 5366 00 04 GAMMON BROS., INC./PRINCIPAL STREET AND UTILITY IMPROVEMENTS CONTRACT FOR SCHMIDT LAKE ROAD CITY PROJECT NO. 705 Dear Sir: I am the Director of Public Works for the City of Plymouth. I am enclosing copies of correspondence between the City's consulting engineer for the project, Strgar-Roscoe-Fausch, Inc., and the contractor, Gammon Bros., Inc. The correspondence details the City's concerns with the performance by Gammon Bros. of the contract. The City has significant concerns with the contractor's performance of the contract. The final completion date for the contract is October 15, 1990. In addition, the DNR permit for the work expires on November 30, 1990. It is imperative that all work be completed by the completion date set forth in the contract. I am forwarding this documentation to you at this time for your information in the event that the City ultimately might need to make a claim under the performance bond. Sincerely, Fred G. Moore, P. E. Director of Public Works FGM: do enclosure cc: James G. Willis, City Manager -James J. Thomson, City Attorney S. Rick Brown, Strgar-Roscoe-Fausch, Inc. Gammon Bros., Inc. 01M SEP 14'UW 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) X50-5000 CIN OF PLYMOUTH September 13, 1990 Richard Gammon GAMMON BROS., INC. 13845 Northdale Blvd. Rogers, MN 55374 SUBJECT: SCHMIDT LAKE ROAD CITY PROJECT NO. 705 Dear Mr. Gammon: The City is concerned that you will be unable to complete the work on the project by the final completion date of October 15, 1990 as set forth in the contract document. You should be advised that the City intends to vigorously enforce its remedies under the contract in the event that you fail to complete the work on time. Paragraph 1807.1 of the contract specifies that liquidated damages in the amount of $500 per calendar day will be assessed for all work not completed on or before October 15, 1990. I am also enclosing for you information a copy of my letter to your bonding company. Sincerely, Fred G. Moore, P. E. Director of Public Works FGM: do enclosure cc: James G. Willis, City Manager James J. Thomson, City Attorney S. Rick Brown, Strgar-Roscoe-Fausch, Inc. TransAmerica Insurance Company MIA SSP 14'90 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 y; ,) 0-5 SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ PARKING ■ LAND SURVEYORS August 6, 1990 Mr. Richard Gammon GAMMON BROTHERS, INC. 13845 Northdale Boulevard Rogers, Minnesota 55374 RE: SCHMIDT LAKE ROAD PLYMOUTH PROJECT NO. 705 Dear Mr. Gammon: SRF No. 0901232 This will confirm our telephone conversation of August 3, 1990 regarding the referenced project. You are hereby authorized to schedule removal of the surcharge embankment material located in the Schmidt Lake Road alignment from approximately sta. 31+50 to sta. 39+50. As soon as you have determined a proposed schedule of operations, please contact us so that we may review your proposed methods and coordinate the required inspection and staking. No excavation or removal may be performed until we have reviewed and approved your proposed methods. The authorization is made on behalf of the City, and applies to surcharge removal only. If there are any question, please contact us. Sincerely, STRGAR-ROSCOE-FAUSCH, INC. AV Z S. Rick Brown, P.E. Senior Engineer SRB/ljc cc: • Fred .Moore, City; of .Plymouth Dan Faulkner, City of Plymouth Ken Johnson, City of Plymouth elm SEP 14'90 Suite 150. One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 73 - SCH INC. STRGAR-ROSCOE FAU , SRF CONSULTING ENGINEERS TRANSPORTATION ■ CIVIL ■ STRUCTURAL ■ PARKING ■ LAND SURVEYORS August 20, 1990 SRF No.'0901232 .Ilk Mr. Richard Gammon GAMMON BROTHERS, INC. 13845 Northdale Boulevard Rogers, Minnesota 55374 RE: SCHMIDT LAKE ROAD PLYMOUTH PROJECT NO. 705 Dear Mr. Gammon: On August 3, 1990, you were given authorization by telephone to schedule removal of the surcharge embankment material presently located in the referenced project. Written confirmation of the authorization was mailed to you on August 6, 1990. In our communications, we requested that you contact us to briefly discuss your proposed schedule of operations and methods for performing the work. As of today, we have not received any communication from you indicating when or how you propose to perform the surcharge removal. Since this is a progress controlling operation involving a very substantial amount of grading, we are concerned that delays in performance of the work may compromise timely completion of the project. You are reminded that the specified final completion date for all work under this contract is October 15, 1990. We are available at your convenience to discuss these issues and schedule the required staking and inspection. Please contact us as soon as possible. Sincerely, STRGAR-ROSCOE-FAUSCH, INC. / U- ZL-Z��� - S. Rick Brown, P.E. Senior Engineer SRB/lj c cc: Fred Moore, + City of Plymouth Dan Faulkner, City of Plymouth Ken Johnson, City of Plymouth Suite 150, One Carlson Parkway North Minneapolis,Minnesota 55447 C1M 612/475-0010 FAX 612/475-2429 I Uj SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTAIION ■ CIVIL ■ STRUCTURAL ■ PARKING ■ LAND SURVEYORS August 31, 1990 Mr. Richard Gammon GAMMON BROTHERS, INC. 13845 Northdale Boulevard Rogers, Minnesota 55374 RE: SCHMIDT LAKE ROAD PLYMOUTH PROJECT NO. 705 Dear Mr. Gammon: SRF No. 0891232 You are hereby reminded that the final completion date for the referenced project is October 15, 1990, as indicated in the Contract Documents. A substantial amount of work remains to be performed by your firm in order to complete the project. One month has elapsed since you were first authorized to schedule the resumption of grading, which is the progress controlling operation. During this time, we have on several occasions communicated to you our concerns that your failure to schedule the work could jeopardize timely completion of the project. As of today, however, we have received no indication from you of any intent on your part to resume the work. Inasmuch as you have been authorized to resume the work, and weather conditions for the month of August have not been such as to preclude the work, we must conclude that any delay in completion of the Contract which may arise would be solely attributable to your failure to provide sufficient forces and equipment to maintain satisfactory progress. If the completion date is not met, we will have no alternative but to recommend that Liquidated Damages be assessed. We are available at your convenience tc schedule. As soon as we are notified of resumption of work, 'we will provide the strongly recommend that you contact us these issues and that you resume the possible time. Very truly yours, S7:ROS AUSCH, INC. S. Rick Brown, P.E. Senior Engineer cc: Fred Moore, City of Plymouth Dan Faulkner, City of Plymouth Ken Johnson, City of Plymouth discuss your proposed your proposed date of required staking. We immediately to discuss work at the earliest Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 CtM SEP 14 Z Lk MEMO IV CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 7, 1990 TO: Blair Tremere, Community Development Director FROM: Myra Wicklacz, Development Services Technician SUBJECT: Cars For Sale parked at Cottonwood Plaza On August 30, 1990, I noted as I drove by Cottonwood Plaza that there were a large number of trucks and other motor vehicles parked along the north property line adjacent to County Road 9 that were for sale. I had driven by the site before and had also noted the same trucks and vehicles parked in the same location. Upon reviewing Section 8, Subdivision B, Number 3 of the Zoning Ordinance, I noted that automobile/motor vehicle sales and major repair requires a Conditional Use Permit in the B-3 Zoning District. In addition, I reviewed City Code Section 1125, Motor Vehicle Dealers which referenced that a State License is required for all persons engaging in the business of new and used motor vehicle dealers. I asked Laurie Rauenhorst, City Clerk,, whether or not we had a list of all the motor vehicle dealers in the City of Plymouth, she indicated to me that we did not. I talked with Steve Correll, Police Division Support Services Supervisor, and inquired whether he or any of the CSO's had received any complaints on the cars parked at Cottonwood Plaza or whether he had ever pursued this issue. I then asked him if he could send out a Community Service Officer to determine if the vehicles that were being parked for sale in the parking lot had current license plates and who the vehicle owner was. On August 31, 1990, Community Service Officer, Phil Sykes, came up to our department and indicated that he had gone out to Cottonwood Plaza, recorded all the license plate numbers and had run the owners of the vehicles through his computer. He handed the print out of the motor vehicle owners to me and verbally indicated that he had talked to Jerome Begin in regard to this matter. I indicated to Phil Sykes that he should draft a report in regard to his conversation with Mr. Begin, and also indicate what he found at Cottonwood Plaza. On September 6, 1990, I received, from Phil Sykes, the copy of the Plymouth Police Department report in regard to his inspection at Cottonwood Plaza and his conversation with Mr. Begin. GIM 014,90 At this point, I have not pursued any formal written violation against Mr. Begin. I would like to discuss this issue with you and outline the appropriate action to be taken. cc: Chuck Dillerud, Community Development Coordinator 15-42-0009 nu/mg/tremere:cs 0 am SEP 14'90 PLYMOUTH POLICE DEPARTMENT X r`� 3900 VINEWOOD LANE O L NBR HRD SQUAD OR BADGE • (S8N) TIME ASID. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) T F3 1 71 61 1 1 3 0 / / 11 3 / LNBR ISN UOC UCS LNBR ISN LICIC U n/n/I I I / FFICER ASSIGNED YKES ASSISTED BY PR.. APPROVED ls� DETECTIVE ASSIGNED VICTIM (IF FIRM. NAME. OF FIRM 6 NAME OF PROP.) DATE/TIME REPORT MADE V MESS KEY CONTROL NUMBER OCA CONT. AGENCY NCIC (DENT. CAG HOMC ADDRESS E C 1 / 9 0 0 1 4 8 / M N 0 2 7 1 7 0 0/ SCHOOL GRADE DAY: S M T W T F S IF VICTIM IS A PERSON L NSR DATE REPORTED RPD -D TIME RPO TRP LOCATION GRID NBR (LGN) / / I PERSON REPORTING OFFENSE TO POLICE BUSINESS ADDRESS BUSINESS PHONE CSO SYKES PLACE COMMITTED IPLC) 3900 VINEWOOD LANE O L NBR HRD SQUAD OR BADGE • (S8N) TIME ASID. (TAS) TIME ARR. (TAR) TIME CLR. (TCL) T F3 1 71 61 1 1 3 0 / / 11 3 / LNBR ISN UOC UCS LNBR ISN LICIC U n/n/I I I / FFICER ASSIGNED YKES ASSISTED BY PR.. APPROVED ls� DETECTIVE ASSIGNED HRD Codes P - Phone R Radio A• • Alarm 1 • In Person V Visual M Mad T OIheI OFFENSE ❑ OR INITIAL COMPLAINT❑ DATE i TIME OCCURRED INFORMATION 083090 APPR X 1300 VICTIM (IF FIRM. NAME. OF FIRM 6 NAME OF PROP.) BUSINESS ADDRESS BUSINESS PHONE HOMC ADDRESS HOME PHONE O.O.B. OCCUPATION SCHOOL GRADE PARENT'S NAMES IF VICTIM IS A PERSON IF JUVENILE [ I PERSON REPORTING OFFENSE TO POLICE BUSINESS ADDRESS BUSINESS PHONE CSO SYKES HOME ADDRESS HOME PHONE FINDINGS. DISPOSITION OR LOSS I was requested by Myra Wiclacz, Services Technician from the Planning Dept, to check and run the registrations of the vehicles that were displayed- for sale at the Cottonwood Plaza, 3900 Vinewood Lane. At approximately 1300 hours I did arrive at the Cottonwood Plaza, and I did began to inspect the vehicles for VIN numbers and/or license plate numbers. During my inspection of the vehicle, a man in a pickup truck pulled up, stopped and got out and approached me. I asked him if I could help him, and he asked me if he could help me. He stated at that time that he was the property owner there. I asked him if he was Mr Jerome Begin and he stated affirmatively that he was. Mr Begin asked me what I was doing there, and the registrations from.the vehicles displayed as they believed that the vehicles were ordinance. -Mr Begin then stated to me "don't about it." Mr -Begin also went on to state from the Mayor •and from the Chief of Police sale. Mr Begin also stated that one of the not belong to him. I told him that I was obtaining for sale for the Planning Dept, there for sale against City even think about doing anything that he had personal permission to park his vehicles there for vehicles, a Cutlas Sierra, did I also pointed out to Mr Begin that two of the vehicles had expired registrations. Again, Mr Begin advised me not to pursue the matter. I stated to Mr Begin that I was simply gathering the information for the planning department, and that the decision to pursue the matter further did not reside with me. At that point, both Mr Begin and I departed in our vehicles. SYRES:sb CC: MYRA WICRLACZ STEVE CORRELL GIM SEP 14'90 PF PSr)NG A0 AFSTFn- SIISPFCTS-- WITNESSES 6 ADDITIONAL OFTAILED REPORT ON CONTINUATION SHEET Rebanks Architects Inc. "ST CLAIR AVE MIC EAST. IORC)N1O. CNJIARIO_ CANAnA. Ma1 . Ci TCLEP14ONE (4161 CKA-7163 TCLECOPIEn (4trq gW tiA17 POLICE NEEDS ASSESSMENT QUESTIONNAIRE POLICE DEPARTMENT PLYMOUTH, MINNESOTA CHIEF OF POLICE RICHARD CARLQUIST, Director, Plymouth Public Safety Department DENNIS PAULSEN. Lieutenant, Plymouth Police Department QUESTIONNAIRE COMPLETED BY: ..... ................... ....... , DATE: The information requested on the following pages will help us understand your particular situation better. This wilt be complemented by a series of interviews with your staff, scheduled to take place on our first visit to your facilities. The information may either be entered in this questionnaire or supplied separately. Terminology - In this questionnaire we have used the following terms for the various parts of your police organization: Force refers to the entire police organization covered by this study. Division refers to the major divisions or departments within the Force, (eg. Uniform or Patrol Division, Criminal Investigation Division, Admin. Services Division, etc.). Unit refers to the various units or bureaus within each division, (eq. Traffic Unit, Old Clothes Unit, etc.). If the terminology used by your -force is different, please indicate this in the section related to Police Force Organization, Item A - 1, page 3. This information will be treated confidentially and will be used for the purposes of this study only. This questionnaire is the property of Rebanks Architects Inc. and may not be reproduced or reused for any purpose other than for this study. C:\WP\OUESTION.001 MAY 1990 REBANKS ARCHITECTS INCORPORATED 1 CIM SEP 14 9W POLICE NEEDS ASSESSMENT QUESTIONNAIRE The questionnaire has been organized into the following sections: PART ONE - POLICE FORCE INFORMATION A. General Police Force Information B. Community Information C. Police Service Requirements D. Facilities E. Policing Policies F. Interaction between Divisions/Departments G. Vehicle Areas, Parking H. Security I. Mechanical & Electrical Issues PART TWO - DIVISIONAL INFORMATION J. Requirements for each Division/Department (repeated for each) Ten copies of this section are provided, each bound separately. 2 REBANKS ARCHITECTS INCORPORATED Cts SEP 1 4'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE A. GENERAL POLICE FORCE INFORMATION 1. PRESENT POLICE FORCE ORGANIZATION Ptease supply an organization chart for your Force, or use the space below to illustrate: Chain of Command Divisions within the Force Alt IP �jl1�s4,/ Units within each D' P� a�iRlC+a'W. 'rf.hea S fi�*%e�S s S*S JoufA� C 1400CA `SSA#171S 2. PLANNED REORGANIZATION Please describe or illustrate any planned changes to be made to the organization within your Force. 4,1 , 4. A • . �r Q `rv'C ooe� . . i-ZL / 3' REBANKS ARCHITECTS 1 CbRPOR TED �`/ — • tt0 /004�/cd..'SEP 1�' r Z ikjwmovlld '. . LO v .~+WC co aVr V 3r C W l v O W U. V N O• zp Z CA CC ... J ^. Q ar W ui CL tn , v Z H r+0 C C v H' O Us v N O J Z 4c ce ZIPF LLS .Vi OCG ... F�-• W a W Q N N Z Lbi V Q z d ^ ►.� LAI J v ^ W 0 N v = � y v Z O Ce) Z 0 CW. H C' ~ W =Q Nor+ N � J'.4 ii Q V) ~ y Z I O N W O z W 1 i V tr_ .r � O a �J O aY H Q a Z N Z iY v = i v Y H U. vLL W N N O J ` Z Z N W � M W O ? W" •� Z Ac Z t/Y N O O O zU- U.- �.V ° u. SEP 1 4'Q,,n- _.. CIM y O y S POLICE NEEDS ASSESSMENT QUESTIONNAIRE 3. Is your Force now located in two or more locations? Yes ..... No If so, please indicate how located: Location 1....................................................................... Location 2........................................................................ Location 3....................................................................... Division/Unit Location 4. PRESENT POLICE STAFF Division/Unit Location What is your Force's present Staff? Sworn/ iCadets .� Civilian Y.Reserves /© Part-time . S. POLICE FORCE SIZE OVER PAST 10 YEARS/� < oFt)1r/ teot-5 . Please provide statistics showing your Force's size over the past 10 years, listing sworn and civilian staff, or fill out the spaces below: Sworn Civilian Total Sworn Civilian Total 1980 j7�• .JTT . f.../r4 1985 r� . 1981 irQ .'�J.. .13 J 1986 3.1.. 1982 ,Z.Q. 3� 1987 1983 .3 � 1988 F7r .�•.jQ1984 - .. .�p 1989 !� ..7 REBANKS ARCHITECTS INCORPORATED 4 am SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE 6. PROJECTION OF POLICE FORCE GROWTH Please indicate if any studies or projections have been carried out•to determine the staff needs for the future. Also indicate what period of time was considered and the date such study was carried out: Summary of Study: Comments on the above: Study carried out by: ........................................ Date ............... 7. ANNUAL REPORTS FOR PAST 10 YEARS Please provide annual reports. for the past 10 years. Information should be included on police service requirements (calls for service) and crime/offenses statistics, together with information on staff and vehicle numbers. z z t,. -, P, l"- 7 REBANKS ARCHITECTS INCORPORATED 5 ciM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE 8. INFORMATION ON POPULATION/COMMUNITY SERVED 1. PRESENT POPULATION SERVED Please indicate the population of the area served by your Force:5•<.Q .V... Date. . 4 0 2. POPULATION GROWTH/DECLINE IN LAST 10 YEARS Provide statistics showing the population growth or decline (if known) over the past 10 years or fill in the spaces below: Source of Information: ................................................ Z 1985 .........................1980 . . 1981 ......................... 1986 ......................... 1982 ......................... 1987 ......................... 1983 ......................... 1988 .... 1989 .... 1984 �i[il.. •�'�'• ""` .. •/�'1 V16 0. 3. POPULATION PROJECTIONS Please indicate if any studies or projections have been carried out to determine the future population trends for your community. Also indicate what period of time was considered and the date such study was carried out: Summary of Study: Comments on the above: Study carried out by: ........................................ Date ............... 4. TYPE OF COMMUNITY Please indicate the type of community served: City Town ... County ... Other ......... Please indicate if your police force/department is part of a larger police organization: .......................................... .Ir ........................................... REBANKS ARCHITECTS INCORPORATED 6 G►M SEP 14,20 5 Y� 1990* 2000*** 2010** 2010* POPULATION ESTIMATES 1990 — 2010 RESIDEN'T'IAL POPULATION 51,300 64,375 83,900 71,000 INDUSTRIAL /COIMRCIAL 29,000 40,425 59,700 44,000 * Metro Council projection ** City staff projection ***,Extrapolated (average of 2010 used) =- l0 DWELLING UNITS 18,000 23,450 30,800 27,000 ciM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE C. POLICE SERVICE REQUIREMENTS 1. CRIME STATISTICS Provide information on the following: (this may be included in annual reports) Information is required for the previous 10 years. Calls for service, offences, (including traffic related, drug related), breakdown of offenses if available. Calls for service Total Offenses Traffic Drug Related Other 1980 /" 2Z- �r . 9.e73 3 G O 1981 J ir: 4:i j, . 3�.�Q.`� •/ 7� .......... .......... 1982 .%.3�./ �a•• ..��•7```1Q.. .. .1: 1983 ../. J ,d!i �. .. .� .Q.9 F Af .07 .......... 9WO.......... 1984 .S.f QlQ .Z. ..�.� .� .. .. . 1985 .l.f. b.o .. 3. 1. ... ..$ ......... . 1986../4,.l3 ..,l.o. .. :::::::::: 1987 .�. ./�.. .. / o.. .fPir ' a J.:.2.. 1988 �. .. � .. ,.Q.9.Q: .�/�I�Z ..i.S� .......... 1989 �,..�((�., ...4/i 2-3.' ••�f�� ..�l�.Z.. .......... 2. PROJECTED CRIME TRENDS Please indicate if any information is available on crime trends. Provide this information if available. ' Information Available: Yes No In what form: .................... 3. SPECIAL CONCERNS Are there areas of special concern to your community or police force? For example, drugs, schools, gangs, border activity, organized crime, traffic/highway, crimes related to migrants/vagrants, criminal activity special to your area: REBANKS ARCHITECTS INCORPORATED 7 CIM SEP 14'90 - - �0 POLICE NEEDS ASSESSMENT QUESTIONNAIRE D. BUILDING i FACILITIES 1. PRESENT AREA OCCUPIED Please indicate the space prgsently occupied by your force/department, and whether this is split into more than ne location: Location 1 . ...... . sq.ft Location 2 sq.ft Location 3 sq.ft 2. PRESENT BUILDING Indicate how many staff occupy your present building at ANY ONE TIME. i.e. do not include patrol staff and/or shift staff not present in the building. / Sworn Staff ....`..�... Civilian Staff .J../..... Part-time Staff ....1..... 3. PRESENT FACILITIES Please comment on the problems and/or inadequecies of the•existing`_facilities: Please comment on the aspects o the existing facilities you feel work well, or which you would Like to repeat in new facilities: Please list facilities you would like to have or need to have in the new facilities. Indicate whether this is essential (E) or desired (D): . Facility Have this now? Size needed No. of Occupants E or D Comments Firing Range.. .. ... ... ................ ..................... ..... ..... ..... ..... Z .4Z ......MW �.................... ..... ..... , 3. ..................... .. ... ..... .. ..................... ..................... ............... ...... ........... ...... ..................... a REBANKS ARCHITECTS INCORPORATED am SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE 4. COMMON AREAS Indicate areas within the present building which are occupied by large numbers of people. Indicate the ideal size (if known) in the comments column: Parade Room No. of People- ... Area .......... Comments .................... Lecture Room .......... .................... . Conference Room ......•••• .................... Cafeteria/Lunch Rm. .................... ................... .......... .......... .................... ................... .......... .......... .................... ................... .......... .......... .................... 5. LOCKERS Indicate how many No. of Lockers �. ..... lockers are provided and the size(s). 2Xl�i X(0 Size ........ Used by ..... staff Comments ..................... ........ ..... ..................... ..... Number of lockers required: Ideal size of lockers: ........ C;�x ..... .................... Male 9--0 female .1� features required: ............................... REBANKS ARCHITECTS INCORPORATED 9 acs S ILP 14 '9 0 J POLICE NEEDS ASSESSMENT QUESTIONNAIRE 6. CELL AREA Indicate how many cells are provided and the sizes: 7 Male Cells Size ••••• •••••••••• Violent Cell .. SS as .. ....... Bull Pen/Drunk Tank .... Size .......... Youth Cells .... Si .. ...... Other ............... Size ......... Are the youth cells separated from the remainder of the secure area?: .... .. .. ......• Are they located in a different part of the building?: .......................... Comment on legislative aspects of youth holding areas as this would affect the planning of the building: U indicate how many Its are REQUI�D and the sizes: 0? Male Cells Size .......... female Cells ..�.. Size .......... Violent Cell ..... Size .......... Bull Pen/Drunk Tank .... Size .......... Youth Cells ..... Size .......... Other ............... Size .......... Notes: REBANKS ARCHITECTS INCORPORATED 10 ciM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE T. OTHER FACILITIES Please indicate whether youqp force has the following facilities: Fitness facilities �� Size ..... Required in future .... ......................... Equipment .................................................................... Community Room Size ..... Required in future .............. Board room, etc. ..... ize ..... Required in future ............................... Lunch Room ... Size ..... Occupants ..... No. of Vending Machines ....... Equipment Specialized Crime Lab. .. Size ..... Required in future .. ................... Emergency Operations/.' — Size ..... Required in future .. ........................... Central Dispatch ..... Required in future ............................... ... Communications Ctr. O?e� Size ..... Required in future if .................... Number of Positions ..... Comments on Dispatch and/or Communications Center: �D Other Facitities: REBANKS ARCHITECTS INCORPORATED 11 CIM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE 8. ACCESS AND CIRCULATION Please provide comments on the access to and the circulation within the different parts of your present building. Consider the following: Public access to public area; ......•••• Escorted public access within the building ••••• •.•• ••••• • ......•• Staff access and circulation •••• ••••• •�-••+ Access to and circulation within the secure (prisoners) area...... ••••. Please provide comments as to how this could be improved in a new building: • ( s Of v r • ' �,/4.eti+� (/rte`' / 41 lA•A �f •1ti A � REBANKS ARCHITECTS INCORPORATED 12 CIM SEP 14'90 n POLICE NEEDS ASSESSMENT QUESTIONNAIRE E. OPERATIONAL i POLICING POLICIES 1. FIREARMS CONTROL Please indicate your force's policy regarding the issue and storage of handguns and other firearms: • Handguns: Ito officewho keeps it in his posession at all times: ..... .............. Issued to officers on duty at the start of each shift: •• ••y�j••••••••••• Other arrangement: ......................... .... ...... ..... ....................... Policy for senior officers, detectives, etc. .. ...•��•••••••••••••••-••••••••• .�_ T Policy for issue and storage of other firearms: .................... .. ...... .. ............. Policy for storage of ammunition: .................... Notes: � �-�00010ple 2. FIRING RANGE Does your force currently have a firing range No. of Positions: Type: .......... ifnot, where do your officers train?: ........................................................ Do you, or would you, permit local residents or gun clubs to use your range?: ................ Comments: �rr+ t REBANKS ARCHITECTS INCORPORATED 13 CIM SEP 14'90 ti POLICE NEEDS ASSESSMENT QUESTIONNAIRE 3. COMMUNITY BASED POLICING Does your force currently have a policy of community based policing?: ... ............ Other pro -active policing or crime prevention programs (drug education, community programs, etc.): - Does your force intend to instigate any such programs in the future?: ............... Please provide information and/or comments: D 14(t/'kx� Atll;� 'ter ' V a 4. SATELLITE STATIONS �0 Does your force current!t:)kPerate satellite stations to maintain a police presence in outlying areas: Yes ..... No Comments: S. OTHER POLICE FUNCTIONS Does your force have responsibility for other non -police activities (courts security, municipal traffic/parking control, etc.)? Please provide details: REBANKS ARCHITECTS INCORPORATED 14 cim SEP 14'99 POLICE NEEDS ASSESSMENT QUESTIONNAIRE F. INTERACTION BETWEEN DIVISIONS/DEPARTMENTS 1. ADJACENCIES REQUIREMENTS BETWEEN DIVISIONS Which Divisions within your force should be Located near each other for best operation? Indicate the order of priority - Must (M), Should (S), Could (C). Unit: Should be located near istone or more units) .. .. .. .....` . .... ....'.. ....... .......... a . ................. ........I. ... ..... . 4C..... .......... ..t ................. .. ........... j.... r .................................. . ...... ........... ........... '.................. .......... ............. .............5................. ............ ............................ Notes: 2. GROUND FLOOR ACCESS Priority List the units/divisions which need direct ground floor access, indicate whether public (P), escorted public (E), staff (S), or secure (X) access is required: Notes: Type of Access Unit Type of Access .......... ..�.... .............................. .......... 15 REBANKS ARCHITECTS INCORPORATED CIM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE 3. MAJOR ADJACENCIES In the space below, indicate what you feel is the ideal relationship between the various organizational components within your force. Represent the components with a circle and connect them with lines (heavy line for strong relationship, close adjacency - light line for other not so important relationships/adjacencies: REBANKS ARCHITECTS INCORPORATED 16 circ SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE G. VEHICLE AREAS 1. PARKING REQUIREMENTS What are your present parking requirements?: Police Cars: 4� Staff Cars: It Visitors Cars: M'cycles 16.1 M'cyclesk!f:� M'cycles Which of the above is required to be covered/indoor?: 2. SPECIAL VEHICLES t Please indicate any special vehicles operated by your force. (breathalyzer van, Ident. van, boats & trailers, snowmobiles, etc.): , Vehicle ....... . . . ..... No. ..... Space Req'd .......... Covered? ...... ..... .......... ...... .................... ..... .......... ...... Notes: 3. VEHICLE MAINTENANCE AREA Please list the number and type of vehiesvic. Vehicle ........................................................................ Type of Activity: Maintenance ..... Gassing ..... Other ..................... Indicate the shortcomings of the present arrangement: 4. VEHICLE IMPOUNDMENT AREA Please indicate present impoundment facilities: No. of hicl ..... Area ........... Covered? ...... What facilities would be needed in a new building: ••... ......••••• Indicate indoor or outdoor space required: ...... ... ... ....... ........................... 17 REBANKS ARCHITECTS INCORPORATED ciM SEP 14'90 POLICE NEEDS ASSESSMENT QUESTIONNAIRE H. SECURITY 1. SECURITY REQUIREMENTS 2. 3. r List any special security devices or pro ' ' ns currently in )use within your present building: • f UT/ Controlled points of access: ... ............. " " " 'J • Card access combinati ocks ........ ' .. .............. .. Secure storage area safes, ults-........................................................ .Video surveill Otters: Building: outside Building: SALLYPORT/SECURITY GARAGE Describe the security measures in force at the point where suspects are br ught into the building: is a handgun locker provided for incoming officers escorting a suspect: .... ........ GENERAL SECURITY CONCERNS List concerns regarding security both within the building and outside: is your building likely to come under attack or seige7: ... `'0� ........................ REBANKS ARCHITECTS INCORPORATED cim SEP 14'90 18 POLICE NEEDS ASSESSMENT QUESTIONNAIRE I. MECHANICAL/ELECTRICAL ISSUES 1. LIGHTING Has the quality of lighting been adequate for the various tasks carried out in the different areas of the building?: 2. Has the acoustical environment been suitable. Consider acoustical privacy between staff and between suspects, interviewing f and public. , W< Space is too noisy to work: .... ..... .� • Li Acoustical separation needed between:........................................................ Ir Notes: • 3. Has -the air quality (heating, cooling, humidifying, filtering, etc.) been maintained at comfortable levels in summer and winter?: L �� • �jry. ��/ I:P"v r- 4. OTHER ISSUES: List any other concerns relating to heating, cooling, light=daylighting, REBANKS ARCHITECTS INCORPORATED 19 CIM SEP 14'90 cim Sg 1k'W L a N to CCVV 4 Ln 8 N p ^ O N � N W OBD tD N OD •.-1 t0 N :cs N O ti CV 1 ,�� CV CV GNV M � M O 0�1 t1f M CNV N Q CNV n !� cim Sg 1k'W Emu1u 6 M 1" R is le toM1�:; F N} . CIM L F� S a M '" gr' ai � •+ 0 0 N rr � tD m .•r .� M .ti • Sr O O .� O O • �+ O N .-1 N O O O O n b .-a .r Lq M cy Q O O N O O O • JJ 'rrN� WW\0 Emu1u 6 M 1" R is le toM1�:; F N} . 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The parking lot has been paved, trails have been paved and the playground equipment has been installed. Work left to be completed is fine grading, seeding, sodding and general clean up of the site. I would anticipate approximately two weeks for this work to be done. 3. West Medicine Lake Trail This project is moving rapidly toward completion. The contractor does not anticipate any problem in meeting the October 1 deadline on this project. Work completed right now includes: 2/3 of the curb has been installed along the road, the major utilities have been relocated, storm sewers have been built, the block retaining wall is in place. Work remaining to be done is the north section of curb, grading and installation of the actual trail, and the installation of the split rail fence. 4. Plymouth Creek Park The new soccer. field is fully developed with turf at this time. It will be put into play commencing next spring. The archery range, which had to be dismantled because of the construction of the new soccer field, has now been rebuilt immediately west of the soccer field. This was operational on August 15, making it available for the fall hunting season. EB/np 14'9W Reconstruction Update A bulletin from the City of Plymouth, September 11, 1990, Number 3 This update reports by district how work is progressing and what is planned in upcoming weeks The general contractor, Hardrives, Inc., has requested a month extension to complete reconstruction. The extension will permit the contractor to make major storm sewer corrections in Districts 4 and 11 and to make up for time lost due to rain. District 10: Area adjacent to Co. Rd. 101 and south of Co. Rd. 24 The majority of the bituminous base is in place. The final layer of bituminous will be laid the week of Sept. 10. Boulevard and driveway restoration will follow. Work in District 10 is expected to be complete by Oct. 1, weather permitting. Districts 4 and 11: Area south of Co. Rd. 9, west of Lancaster Ln. and north of 26th Ave. The majority of the bituminous . base is in place in Districts 4 and 11. Remaining storm sewer work is tentatively scheduled to be wrapped up during the week of Sept. 10. Following the underground work, crews will repair cracks and do minor bituminous patching. Next the final layer of bituminous will be placed. Once the final layer of bituminous is down, crews will begin boulevard and driveway restoration. The contractor expects to be finished in Districts 4 and 11 by Nov. 1. District 8: South of 26th Ave. and west of Kilmer Ln., east of Medicine Lake Blvd. The utility company is relocating overhead power, telephone and cable lines onto new poles behind the proposed new curbing. The contractor has placed gravel base on Lancaster Ln. and 21st Ave.. Crews are now grading Lancaster Ln. between East Medicine Lake Blvd. and 26th Ave. Underground work began last week. Work in District 8 is expected to be finished by Nov. 1. om Si? 1,+'90 Funding The City is funding 70°x6 of the this project. Benefiting property owners will be assessed the remaining 30%. Caution Please keep children away from the construction area.. Heavy equipment is operated in the area and crews are working with hot bituminous at various times. Bituminous may be driven on within an hour after being laid. For our child's safety, please keep him/her from on it until it has cooled (four to eight hours, depending on weather conditions. For more information Sue Mason Short Elliott -Hendrickson, Inc. 484-0272, or Dan Campbell City of Plymouth 550-5073 77tianks for your patiencel =r Mir - w gin No■ TM CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 13, 1990 TO: James G. Willis, C' Manager FROM: Charles E. Di Community Development Coordinator, through Blair Treme ommunity Development Director SUBJECT: HENNEPIN COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION (89057) The City of Plymouth has not received response to our letters of August 24, 1990, and August 31, 1990, containing a total of 33 items in need of clarification or additional information regarding the subject project. A representative of the County Administrators Office has requested a meeting on September 18, 1990. I assume the purpose of that meeting is to discuss issues raised by our letters of August 24 and August 30. As of this date, the subject application remains in Stage II of the Development Review Committee processing system. (cc/cd/89057:dl) 'Im sip 14,91 F September 12,1990 Frank Freels Chair, Park and Recreation Advisory Commission City of Plymouth 3400 Plymouth Boulevard Plymouth, Mn 55447 Dear Frank; \ ZD� &EFERRk iit CITYMU Wet CITY COM PUBLIC WORK 1:01 FINANCE WE= PLANNO G DIRECTOR I PUBLIC SAFETY DtRECT>at �...� ADMtNISTBMTWE ASIOW PARK COMMISSION .CITY ATTORNEY OTHER - -' It is with my deepest regrets that I have to send this letter. Because we will be moving out of Plymouth at the end of September, I am giving you notice of my resignation from the Park and Recreation Advisory Commission. This is done with much sadness. I have been on PRAC for a long time, as you know, 22 years. I have met some wonderful people, PRAC members, staff, park and recreation people, business people, council members and lots of citizens. I have seen a tremendous growth and development in our parks and recreation system and am proud to have been a part of that. I have some rich memories. Ever since I became a PRAC member I have had a dream for a Plymouth Community Center. For many years Plymouth has needed a central center for so many activities. I thought that dream was to have come true, I hope that some day soon it will. I hope that the people in Plymouth realize that we need facilities which can be used year around and by all ages. The best to you, Frank, as chair and to your future leadership of PRAC, to Rick, Phyllis, Don, Carol and Marlene and to my great friends on staff, the best, Eric, Mary, Rick, Nancy, Mark and all. I will really miss all of you, but keep up the good work and great parks. I will still be working in Plymouth and I'll use the parks and visit. I will always have love and a warm feeling for Plymouth and hope that some day we can return to live here or nearby. Sincerely, Barbara Edwards cc: Eric Blank CIV It SU 14'90 7_ N3 Case Type: Personal Injury STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT ----------------------------------------------------------------- Court File No. PI 89-787 Sherri Drogue, mother and natural guardian of Wade T. Haase, a minor, Plaintiff, V. Wayzata Evangelical Free Church, Defendant and Third -Party Plaintiff, V. Dennis Batty and Dennis Batty & Associates, Inc., Architects, FOURTH -PARTY SUMMONS oaq� Third -Party Defendants and Fourth -Party Plaintiffs, V. City of Plymouth, Fourth -Party Defendant. /V THE STATE OF MINNESOTA TO THE ABOVE-NAMED FOURTH -PARTY DEFENDANT: You are hereby summoned and required to serve upon George C. Eck, plaintiff's attorney, whose address is 2200 First Bank Place East, Minneapolis, Minnesota, 55402; Michael D. Hutchens, attorney for defendant and third -party plaintiff, whose address is 4200 Multifoods Tower, 33 South Sxith Street, Minneapolis, Minnesota, 55402; and the undersigned, an Answer to the Fourth -Party Complaint which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service. CIM jJ 14'90 If you fail to do so, judgment by default will be taken against you for the relief demanded in the Fourth -Party Complaint. DATED: August 23, 1990. MURNANE, CONLIN, WHITE, BRANDT & HOFFMAN By \-WWK l\ . 741 JORV R. HOF (145883) At ' neys fo Third -Party Defendant and F urth-Party Plaintiff, Dennis Batty d Dennis Batty & Associates, Inc. 1800 Meritor Tower St. Paul, MN 55101 (612) 227-9411 2 CiM SEP 14'90 STATE OF MINNESOTA COUNTY OF HENNEPIN Case Type: Personal Injury DISTRICT COURT FOURTH JUDICIAL DISTRICT --------------------------------------------------------------- Court File No. PI 89-787 Sherri Drogue, mother and natural guardian of Wade T. Haase, a minor, Plaintiff, V. Wayzata Evangelical Free Church, Defendant and Third -Party Plaintiff, V. Dennis Batty and Dennis Batty & Associates, Inc., Architects, Third -Party Defendants and Fourth -Party Plaintiffs, V. City of Plymouth, Fourth -Party Defendant. FOURTH -PARTY COMPLAINT Fourth -party plaintiff, Dennis Batty and Dennis Batty & Associates, Inc., Architects, (hereinafter "Batty & Associates") for their complaint against the fourth -party defendant, state and allege: I. That plaintiff has served upon defendant and third -party plaintiff a Complaint, a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. c1M SEP 14'90 II. That defendant and third -party plaintiff, Wayzata Evangelical Free Church (hereinafter "Wayzata Evangelical"), has served upon Batty & Associates a Third -Party Complaint, a copy of which is attached hereto as Exhibit "B" and by this reference made a part hereof. That Batty & Associates have denied liability to Wayzata Evangelical all as more fully set forth in their Answer, a copy of which is attached hereto as Exhibit "C" and by this reference made a part hereof. IV. That in the Third -Party Complaint, Wayzata Evangelical alleges that as a result of a bicycle accident which occurred on or about April 19, 1986, plaintiff sustained injury and damages as set forth in the attached Complaint. V. That the aforementioned bicycle accident was caused in whole or in part by the negligence, carelessness or other wrongful conduct on the part of said fourth -party defendant, the City of Plymouth. VI. That should Batty & Associates be called upon by way of settlement, verdict, judgment, compromise or otherwise to make payment to the third -party plaintiff herein, that they be awarded judgment of contribution and/or indemnity from the fourth -party ' CiM SEP 1490 defendant. WHEREFORE, third -party defendant and fourth -party plaintiff, Dennis Batty and Dennis Batty & Associates, Inc., Architects, pray that plaintiff take nothing by her Complaint, and in the alternative prays that they be awarded judgment of contribution and/or indemnity against the fourth -party defendant, together with costs and disbursements incurred herein. DATED: August 8, 1990. MURNANE, CONLIN, WHITE, BRANDT & ROFFMAN By V4 --I •�-• •- '7014V R. HOFFMAqU(145883 ) A t rneys for Third -Party Defendant and urth-Party Plaintiff, Dennis Batty nd Dennis Batty & Associates, Inc. 1800 Meritor Tower St. Paul, MN 55101 (612) 227-9411 3 0 , SEP 14'91 ACKNOWLEDGEMENT The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. $549.21, Subd. 2, to the party against whom the allegations in this pleading are asserted. 4 Gita SEP 14 590 MURNANE, COAIN, WHITE, BRANDT & HOFFMAN yJohn R. Hoffman 145883 Cynthia E. Cornelius #174891 Attorneys for Third -Party Defendant and Fourth -Party Plaintiff 1800 Meritor Tower St. Paul, Minnesota 55102 (612) 227-9411