HomeMy WebLinkAboutCouncil Information Memorandum 11-25-1992CIN OF
PLYMOUTFF
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 25, 1992
UPCOMING MEETINGS AND EVENTS....
1. CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER:
NOV. 30 5:30 P.M. COUNCIL STUDY SESSION
Council Conference Room
TOPICS:
- Human Rights Issues
- Areas of Board/Agency Cooperation
(Agenda enclosed separately)
NOV. 30 7:00 P.M. COUNCIL MEETING AND
1993 BUDGET HEARING
Council Chambers
-----------------------------------------------------------------------------------------
2. CITY COUNCIL MEETING SCHEDULE FOR DECEMBER:
DEC. 7 5:30 P.M. JOINT COUNCIL & INDEPENDENT
SCHOOL DISTRICT 284 BOARD
MEETING
Council Conference Room
Attached is the final agenda for
the meeting.
DEC. 7 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 25, 1992
PAGE 2
2. 'CITY COUNCIL MEETING SCHEDULE FOR DECEMBER: (Cont.)
DEC. 8 8:30 A.M. CITY MANAGER SEMIFINALIST
REVIEW (Closed Meeting)
Council Conference Room
DEC. 10 7:00 P.M. COUNCIL 1993 BUDGET HEARING
Council Chambers
DEC. 12 9:00 A.M. CITY MANAGER FINALIST
INTERVIEWS
Council Conference Room
DEC. 14 5:00 P.M. CITY MANAGER FINALIST
INTERVIEWS (if needed)
--------------------------------------------------------------------------------------------
DEC. 21 5:00 P.M. STUDY SESSION
Council Conference Room
TOPIC:
- Financial/Legal Advisors
DEC. 21 6:30 P.M. PLYMOUTH FORUM
Council Chambers
DEC. 21 7:00 P.M. COUNCIL MEETING
Council Chambers
3. CITY OFFICES CLOSED -- Thursday, November 26, and Friday, November 27.
Thanksgiving Holiday.
4. WATER QUALITY COMMITTEE -- Tuesday, December 1. The Water Quality
Committee will meet in the Council conference room. (M-4)
5. LOST LAKE POST OFFICE GRAND OPENING -- Monday, November 30, the Postal
Service will hold a Grand Holiday Opening of the new Lost Lake Branch Post Office,
9705 45th Avenue North. The dedication and ribbon cutting will begin at 11:15 a.m.,
with an open house following until 2:00 p.m. A letter from Robert Fisher, District
Manger, U.S. Postal Service is attached. (M-5)
4
CITY COUNCIL INFORMATIONAL AM40RANDUM
NOVEMBER 25, 1992
PAGE 3
6. MEETING REMINDERS:
A. MEETING DATE FOR METROPOLITAN COUNCIL DISTRICT 9 VACANCY
-- Thursday, December 10, 6:30 p.m. ' Roseville City Hall. Public hearing to
consider candidates for the District 9 Metro Council seat.
7. OLD FASHIONED CHRISTMAS - Sunday, December 6, 2 p.m. - 5 p.m., Plymouth
Creek Park. A flyer and newsletter are attached. (M-7)
8. MEETING CALENDARS - City Center calendars for November and December, and
City Council calendars are attached. (M-8)
9. 1993 MEETING DATES --- Attached are draft monthly meeting calendars for 1993 for
the City Council. The draft calendars continues the practice of the Council to have two
business meetings monthly, normally the first and third, with four town meetings. The
Board of Review normally held on two evenings in May, is tentatively set for May 10 and
24. No budget study meetings, or other special meetings with particular groups such as
boards, commissions, and school districts have been set.
It would be helpful for Councihmembers to review the proposed calendars in order that the
dates may be adopted for planning purposes at the December 7 meeting. (M-9)
FOR YOUR INFORMATION....
1. SOO LINE TRAIN WHISTLE BAN INFORMATIONAL MEETING -- We have
scheduled the Soo Line Train Whistle Ban informational meeting for the first meeting in
February which is Monday, February 8, 1993 at 7 p.m. The Council may want to note
this date and time on the calendar. Attached is a draft of a letter which we intend to send
to the Homeowners Associations in this area. I am also trying to identify each address in
the near vicinity of the tracks to provide them with a copy of the letter as well. Articles
are also to be included in the Plymouth News as well as letters to individuals who have
previously expressed interest on this subject. Finally, letters will be sent to Soo Line
representatives, Minnesota Department of Transportation representatives and Federal
Railroad Administration representatives. (I-1)
2. CITY CENTER EXPANSION PUBLIC MEETING -- The City Center Expansion
public meeting will take place on Monday, January 25, 1993 at 7 p.m. Articles on this
subject are to be contained in the Plymouth News. Cable television articles on the topic
will also be aired. Letters are to be sent out to Homeowner Association presidents
throughout the community as well.
3. DEVELOPMENT SIGNAGE -- On Wednesday, November 25, three development signs
were installed at the following locations:
CITY COUNCIL INFORMATIONAL AIMORANDUM
NOVEMMER 25, 1992
PAGE 4
(1) South side of Old Rockford Road east of Goldenrod Lane North (92090). Graham
Land Development Company is requesting approval of a Residential Planned Unit
Development Concept Plan, Preliminary Plan/Plat, Conditional Use Permit and
Rezoning for a 24 lot residential subdivision and a Preliminary Plat for two outlots.
(2) 11540 Bass Lake road (92102). Eugene and Linda Lahr are requesting approval of a
Conditional Use Permit for a Class Ii restaurant to be located in an existing
commercial building.
(3) Northwest corner of Highway 55 and Northwest Boulevard (92104). Tobin Real
Estate Company is requesting approval of a MPUD Concept Plan Amendment,
Preliminary Plan/Plat Amendment and Conditional Use Permit Plan Amendment at
the Northwest Business Campus to allow for a proposed West Suburban Health
Campus.
All requests will be heard by the Planning Commission at their Wednesday, December 9
meeting.
4. CITY ATTORNEY BILLING -- The October summary billing from Best & Flanagan is
attached. (I-4)
5. COUNTY ROAD 10 UPDATE -- A copy of the November 17 County Road 10
Construction Update is attached. (I.5)
6. PLYMOUTH TRANSIT -- Monthly ridership statistics for the Plymouth Metrolink and
Dial -A -Ride transit systems for July through October 1992 are attached. (I-6)
7. CHARTER COIVEVHSSION -- A revised Charter Commission roster is attached. The
roster reflects an address change only. (I-7)
8. ASSESSMENT APPEALS -- The attached appeals to 1992 Street Reconstruction
assessments have been received. Also included is a letter Fred Moore sent to property
owners submitting written objections after the October 26 public hearing. (I-8)
9. NE UTES --
A. District 281 Government Advisory Council, November 18, 1992. (I -9a)
B. Bassett Creek Water Management Commission, October 15, 1992. (I -9b)
10. REQUEST TRACKING SYSTEM -- The following Request Tracking summary reports
are attached: 1) Summary of All Requests Received (by division and type); 2) List of All
Tick's in System;. Caution should be exercised when reviewing the totals reflected in the
reports since the number of requests logged into the system do not accurately reflect the
actual number of requests responded to by City staff and the actual date of the system's
ill
CITY COUNCIL INrFORMATIONAL AUMORANDUM
NOVEMBER 25, 1992
PAGE 5
implementation. In some cases, calls are counted over a period of time less than the
entire report period. In anticipation of the new year we will be "resetting" the tick
counters. (I-10)
11. PERSONNEL --
12.
a. Richard Kline will be joining the city as our new full-time Fire Chief on Monday,
November 30.
b. Memo from Public Safety Director Gerdes on the Public Safety Department's
participation in the Santa Anonymous Program. (I -11b)
c. Note of appreciation from Cub Scout Den 8 to Frank Boyles. (I -11c)
d. Note of appreciation from Girl Scout Troup 1003 to Helen LaFave. (I -11d)
a. Letter from City Attorney regarding correspondence received from the attorney for
Jim Willis to the Attorney General relative to Willis' accrued vacation. (1-12a)
b. Letter from Marinus W. Van Putten, Jr., to John Lewman, Towle Company,
requesting review of closing statement and documents for the library site. (I -12b)
c. Letter from Dale Clardige, Consulting Engineer to the Shingle Creek Watershed
Management Commission, requesting member cities to support an extension request
for the Commission to prepare a joint response to the Hennepin County Groundwater
Management Plan. (I -12c)
d. Letter from Bella W. Braverman, to City Council, suggesting the use of a vacant
property be used as a homeless shelter. (I -12d)
e. Letter from Walter B. Roberts, Jr., 1299 Black Oaks Ct., to Frank Boyles, providing
an update to the beaver problem on Gleason Lake. (1-12e)
L Letter from Gerald Johnson, Regional Project Coordinator, MN DNR, to Eric Blank,
advising that the City's proposed for a fishing pier at Parkers and Medicine Lakes did
not receive funding approval for 1994. (I -12f)
g. Letter to Donald Marth, Cut Activities Chair, Pathfinder District, from Eric Blank,
on a change in date for an ice fishing derby on Medicine Lake. (1-12g)
h. Letter from James Orr, Schoell & Madson, Inc., concerning Lots 2 and 14 , Wood
Pointe Estates Access. (1-12h)
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 25, 1992
PAGE 6
i. Letter from Thomas Feeney, Manager, Mpls-St Paul HUD office, establishing
December 7, 1992 as the on-site monitoring date for Plymouth's Community
Development Block Grant Program. (1-12i)
j. Letter to Metropolitan Council, from Chuck Dillerud, submitting an amendment to
the Park and Trail Element of the City's Comprehensive Plan. (1-12j)
k. Letter from Leroy Reinke, 14411 County Road; 6, to Mayor Bergman, submitting
comment to City's composting ordinance. (1-12k)
1. Memo from Laurie Rauenhorst on the use of Fire Station III for City Manager
interviews on Wednesday, December 2 and Thursday, December 3. (I-121)
m. Letter from Mike Berkopec of Waste Management, Inc., thanking the Council for
renewing the recycling collection contract and restating their commitment to high
quality service. (1-12m)
n. Letter to Mayor Bergman for Hennepin County Board Commissioner Keefe
responding to the Mayor's congratulatory letter. (1-12n)
o. Letter from City Attorney's office to Bill Cavanaugh offering him the right to
repurchase the Highway 55/Vicksburg Lane parcel pursuant to the condemnation
agreement. (1-12o)
p. Memorandum to Public Safety Director Gerdes confirming that Larry Begin has
appealed the court's findings on the value of his junk vehicles which were removed.
(1-12p)
q. 1992 athletic facility rental fees showing amounts received to date through rental of
community playfield facilities. (I -12q)
Frank Boyles
Acting City Manager
m -a
AGENDA
JOINT PLYMOUTH CITY COUNCIL/
INDEPENDENT SCHOOL DISTRICT 284 SCHOOL BOARD MEETING
Monday, December 7
5:30 p.m.
I. INTRODUCTIONS
II. COMMUNITY USE OF SCHOOL FACILITIES FOR PARK AND RECREATION
PROGRAM PURPOSES
41�7:�� : �Zti7:�►�i
IV. SCHOOL LIAISON OFFICER PROGRAM
V. SCHOOL DISTRICT LIAISON TO PLYMOUTH POLICE DEPARTMENT
VI. OTHER BUSINESS
ADJOURN - 7:00 P.M.
cum KUV 2.5'92
NATER QUALITY COMMITTEE
AGENDA
FOR
DECEMBER 14 1992
7:00 P•M•
Item I Discussion of fertilizer and water quality educational' material and
public distribution.
Item II Update on Parkers Lake Management Plan Study.
i
om Nov 25'x`
J
FIELD DIVISION GENERAL MANAGER/POSTMASTER
UNITED STATES POSTAL SERVICE
TWIN CITIES DIVISION
= MINNEAPOLIS MN 55401-9998
November 17, 1992
Honorable Kim M. Bergman
Mayor of Plymouth
City of Plymouth
3400 Plymouth Blvd.
Plymouth MN 55447-1482
Dear Mayor Bergman:
Please
Please join Santa Claus, Acting Branch Manager Joel Packer and me
at 11:15 A.M. on Monday, November 30, 1992, for the dedication and
Grand Holiday Opening of the new Lost Lake Branch,Post Office, 9705
45th Avenue North. An open house will follow until 2 p.m.
The Postal Service invites you to help us celebrate this opening
and addition of window service at this modern Lost Lake Branch post
office. The facility is already home for letter'carriers serving
37 routes in ZIP Code areas 55428, 55441 and 55442 in Brooklyn Park
and Plymouth.
Our new window clerks will be on hand from 9 A.M. 'to 5 P.M., Monday
through Friday and from 9 A.M. to Noon on Saturday to provide full-
service customer assistance for both domestic and international
services.
Please let me know if you will
and ribbon cutting on November
4400 with your response.
Sincerely,
4:64
Robert W. Fisher
Minneapolis District Manager
United States Postal Service
100 S 1st Street
Minneapolis MN 55401-9998
PN:kt
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be attending the 11:15 A.M. ceremony
30. -Please call athy Hupp at 349 -
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DECEMBER 1992 VOLUME IX>IUMBER
OLD FASHIONED
CHRISTMAS IN PLYMOUTH
On Sunday, December 6th from 2-5 pm. the
Plymouth Historical Society and the P yt mouth
+ Park & Recreation Department are co-
sponsoringg the Sixth Annual -'OLD.
FASHIONED CHRISTMAS IN PLYMOUTH'.
The purpose of the event is to provide some old fashioned
Christmas spirit and activities for families in Plymouth.
Children can visit with Santa and Mrs. Claus will be right .
there to help the Elves hand out candy canes. A
sleigh/hay ride pulled by Belgian horses with bells finaRng
will be giving rides ($.50 per person), hot cider mid cookies
will be provided, storyteller, carollers and making ,
Christmas decorations are other activities for the children. ;
On Saturday, December 5th, starting at 9 am, we will
decorate the two old fashioned Christmas trees and
building. We are looking for bWQ in decorating and
bringing items that could be borrowed for the day to add
some more old fashioned Christmas spirit.
They can be items as follows: -
• Old fashioned antique ornaments
• Old fashioned toys to put under the Vee
• Poinsettias
• Evergreen roping
If you can help or bring decorations, please call Myrtle
Eckes, 545-6168 or Gary Schiebe, 473-4889.
Attached is a flyer describing the event so bring your
friends, relatives, neighbors and kids ages 9 months to 90
years young. We had a great time last year and this year it
will be even better.
A big thank you is expressed to Ben Broman and Vern
Doseth for the wonderful work they did in putting up oak
moulding and pegs on the walls for displaying artifacts. it
looks great and when you stop in, you will agree it is a big
improvement. Ben and Vern -- Thanks Againl
thought you might be interested
in some of the spekxfrc"
.We
4olunteers and businesses involved to help the Plymouth .x
Park & Recreation Department and the Plymouth Historical ;fi„
Society put on this evert.
.'Santa
-Phil Collins
Mrs. Claus � ' • �-
_
Mable Swanaori � .• :. �:::.
" -_� .
=Elves
-:Storyteller
- Girl Soaut Tioop :, . _;,; ;
` ::-r;
'
Bob Gasch T
Singers
I _
Armstron$ChamberSirgers'r�'
Hay Ride • {
Bunker HSI Stables • - - ;u
Cutter
;Aob Paybr
-Wreaths,Troes b Garland ;a•
'bund" Nursery
-unify Canes
� _
Tad Jude
. '.�, ��r-
. \Y � of i'•1,'t )
S• �t
DECEMBER 1992 VOLUME IX>IUMBER
OLD FASHIONED
CHRISTMAS IN PLYMOUTH
On Sunday, December 6th from 2-5 pm. the
Plymouth Historical Society and the P yt mouth
+ Park & Recreation Department are co-
sponsoringg the Sixth Annual -'OLD.
FASHIONED CHRISTMAS IN PLYMOUTH'.
The purpose of the event is to provide some old fashioned
Christmas spirit and activities for families in Plymouth.
Children can visit with Santa and Mrs. Claus will be right .
there to help the Elves hand out candy canes. A
sleigh/hay ride pulled by Belgian horses with bells finaRng
will be giving rides ($.50 per person), hot cider mid cookies
will be provided, storyteller, carollers and making ,
Christmas decorations are other activities for the children. ;
On Saturday, December 5th, starting at 9 am, we will
decorate the two old fashioned Christmas trees and
building. We are looking for bWQ in decorating and
bringing items that could be borrowed for the day to add
some more old fashioned Christmas spirit.
They can be items as follows: -
• Old fashioned antique ornaments
• Old fashioned toys to put under the Vee
• Poinsettias
• Evergreen roping
If you can help or bring decorations, please call Myrtle
Eckes, 545-6168 or Gary Schiebe, 473-4889.
Attached is a flyer describing the event so bring your
friends, relatives, neighbors and kids ages 9 months to 90
years young. We had a great time last year and this year it
will be even better.
A big thank you is expressed to Ben Broman and Vern
Doseth for the wonderful work they did in putting up oak
moulding and pegs on the walls for displaying artifacts. it
looks great and when you stop in, you will agree it is a big
improvement. Ben and Vern -- Thanks Againl
thought you might be interested
in some of the spekxfrc"
.We
4olunteers and businesses involved to help the Plymouth .x
Park & Recreation Department and the Plymouth Historical ;fi„
Society put on this evert.
.'Santa
-Phil Collins
Mrs. Claus � ' • �-
_
Mable Swanaori � .• :. �:::.
" -_� .
=Elves
-:Storyteller
- Girl Soaut Tioop :, . _;,; ;
` ::-r;
'
Bob Gasch T
Singers
I _
Armstron$ChamberSirgers'r�'
Hay Ride • {
Bunker HSI Stables • - - ;u
Cutter
;Aob Paybr
-Wreaths,Troes b Garland ;a•
'bund" Nursery
-unify Canes
� _
Tad Jude
Cider �
�.
-Now Market. Cub ,
Cookies
Plymouth Historical Socpgi, .>
-SDrino Even-
,;.
EvE7�whj
h the snow has just started flying, it's •iwt�6
e rk ourSecond AnnualFlower-Sale on your -S3,calch is planned for early May. - }�
i
BOARD OF DIRECTORS
~ The following Is the present Board of Directors:'
Name ?Elm Mini
Sharon AndersonE 475-1974• : " -1991-1994
m 4 ` `
Ben G. Broan -' 359-5721 -1991 1994
Vern Doseth
Myrtle Eckes
Edith HHoopp rstad
Sea Jp
ordane
Jack Malmstedt
: Joyce McCaughey
Vern Peterson
Dick Pouliot
Barb Rasmussen
Gary Schiebe
Harvey Schiebe
Adeline Schmidt
Mable Swanson
35s -37n "
545-6168
473-3427.
Unlisted
473-4493,,
544-2656
559=2317
569-9275
533-8444
473-4889
545-6127
559-2459
545-7705 .
1992-1995
1990-1993
-4990-1993'-
-1992-1995
990-1993 .-1992-1995
1990-1993
,1990-1993
1992-1995
1990-1993
1991-1994
1990-1993
1990-1993
1991-1994
1991-1994
CIM a 25'92,
LIST
r•� FFl ER
;iue►� ►N[: IND MEMBERSHIP
:. If anyone would like to become a member of the Plymouth.
The fotlowirg are the present.
Historical Society, please call Alberta Casey, 559-9366.+
Gary Schiebe1
The annual dues are: Individual $5.00, Family $7.50 and
_
'
•=President
Vice President - 8en G. Broman ' :�• '
Lifetime $100.00.
,3593721
Secretary :_ -Sharon Anderson - ' ;475-1974
All of the people who have previously signed our guest
Treasurer -Harvey Sc" : ° » `45-61?7
gook have been added to the mailing 9t. 'You vVill have to
�; t: �r� sib • f;, r„ .-.-'. • '^"•,s„=. .• F
7
us if we didn't get your name or address exactly
p$..n..•
.r =�`,= .- ; .� �' -- ` •:-�'�= x �•x-} wz
pardon
correct. M you have any additions or corrections, please K �'r
II Gary Schiebe at 473-4889.
FAMILY HISTORIES
The Plymouth Historical Society has quite a few family histories on file.-We'vveloome people to come and bok;at
which may help you trace family mots. The following is a copy of one of the histories on file.
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• ��-^.. ei-aNXS`•.':t; .A.�';F. '::»i�.3 i�''1iA1t�1'•`,-R".'F"�h°':'r�1 �x-Tri.:• � +a..5"i:.S'.'.i.�wb�.'! - :K�' {.
Joseph Day farm Homs ;'�`:
(Was located at Highway 55 and Fembrook Lana) } ' L = �= �;� . y= '
Francis Day, born August 22, 1831, came from Maine in Township, with his wife and some of his family. in `1865 and °+
the early 1850's. He pre-empted 160 acres of Section 15 settled on a comer of the Francis Day farm. athanial Day,-*.,..
S.W.1/4 on November 22, 1860. Sr. was born in Maine in 1807 and married Eunice Soober _
' on December 5,1830 by Stephen Snow Esq. -7heir family
The first meeting for the purpose of forming a town board -consisted of Francis, born August 22,1831; Susan, born r:
was held at the home of Francis Day, on May 11, 1858. At May 18, 1833; John, born December 5, 1834; Amos, born
this meeting he was elected as the first assessor of March 24, 1836; Cynthia, born January 20, 1838; Isabell,
Plymouth Township. it was decided also at this meeting born October 13, 1839; Clementine, born february 16, r
that the name of the township would be Plymouth — taken 1843; Nathanial Jr., born February 8, 1845; Eunice, born
from the name of a village laid out on the northwest shore September 14, 1847; Joseph, born July 22, 1849; and
of Parkers Lake in 1856. Sarah, born June 9, 1851.
Nathanial Day Sr., father of Francis, arrived at Plymouth Nathanial acted as Postmaster of Plymouth Post office,
GIM 'NOV - '
y Y,
which was moved from Medicine Lake to his home in 1865. - fn (March of 1919'. Joseph cold his'arm and rlth
He died in the winter of 1867, leaving the care of his wife iftghter, ,Elizabeth, moved Wayzata,*ftre thee fig► r
and family to the youngest son, Joseph, who was 17 years Wth his other daughter; Mrs. L. Lamb, until his death a.0'
�
of age at that time. October 21,1922. This is a1 that Is fuown presently of to
�origrnal family of Nathanial Day.
Amos Day was a soldier in the Civil War. He was a
.PYA: • , t:. •-. Y C
prisoner in Libby Prison. Some very_ sad stories were told John'Amos Day, son of Joseph, spent trisentire We 1n,
of the ill treatments to the soldiers. ,The prison had no roof,, - Plymouth Township. In January 1894, fie married Mary
and the soldiers were fed fat pork and water. Many died of Roehl. They made their home on a portion of the original -
starvation and exposure as did Amos. 60 acres belonging to Mary's father, Nicholas Roehl, .o(
.which a part is now owned by Joe Etzel 11953). There•.
Nathanial Jr., when a young lad, went to war as a drummer were nine children born to them: flraae, born Febr<iaryd3
boy. One day he was hit by a spent bullet right over the -1895; Helen. -born `October 22,-4896;.Ernest, dor .
heart. His suspender buckle shielded him from injury. He _*vember 2,1898, Archie, Som Decennber 19,1900;'E.arl
lived for many years in Minneapolis working in the born November 22,1902;A lice,b6Vf.ngoember19.1904,
lumbering business. In later years he bought a home at 'Nathaniel, born January 8,1907; EEffmgorryy, J)om January12,,
Sandstone, Minnesota where he lived until his health ` 1909; and Florence, born April 23,19112-0 these. Graoe,,.
started to fail. He passed away at his brother Joseph's `-,Helen and Nathaniel still live in Plymouth. ;`l=ad iives-1ft
home, on August 24,1915. : • _. ; • `Wayzata and the rest live in the Weft. John marred again
;:fn 1924 to Bemiece Creelman.`Ibey had foursons:.
Sarah Day married Edward Hughes in November 1871 in a _,:born August 23,1925;-.MardeN, born Mary 8, 11928,411a-> double wedding ;ceremony with Joseph Day and Ellen. A:Ixm December 19,4929; and Norman, -born .Sept - A
__ Sarah Hughes,"officiated by Rev. -Charles Hask,ll, the first °,1931. FJohn t7ied at the age .of .68on februay*4, y940.
'Pastor -of Parkers Lake .Church. Sarah and Edward Some 0 Nathaniel Sr's: =great, jgreat;-:great grandchildren
.:.-Mughes spent their entire ,lives -on the farm tame now part s tib Irve near the originalfiome
1,. f whichi ownedby argrandson,.John Eastman 11953). •,,13} .>'. : - .. _ : ,_•. i -, F• a...�.. ;�_;%Yl, ` : 4 :. �,. .
: ; . - . ;._. : • r- i�i�►tbert V. Day -trrariW Eliza -Jardine bn'iactober25,31698
'--Joseph errdI WX6 men settled on the farm located south - •at `Parkers take Church 4nd gave #ived'in •sed *rbund =
-; :, of the f1drkirisv4lelload and east of the Town Hall Road Waa ever skme . `-(hey find .free• #iikkeh*.... et 3sie
"the Matt Roehl farm (1953). Seven children were born to :and -Margaret, who live in Wayzata; PauI jwho4ivesfn '
them: .John Amos; born May 11,1872; Albert Warren, bornCal4omia; and Pereyvrho dW you J: AS: �',h�. �_ • : ; _ _
August 15,1873; Elmer Loren loom May 11 1875 Elzada =: _• -` , : : ' =- ` .
Bell loom �Ma 17 1877• Elizabeth �a .r,• J
May Julia, bom November : •Elmer fixed for a shodatime''in 411iayiaPtae 1lrarrreri
15;•4882; f=rank Archie, born February 10,1887;:and West, . • Sdunitz,andJn the 1�20's ttnpv 14 mrdemational
vho'die8in his trodth; eoember29,1888. ; r.=f ` . - =-": lis�hlldren ate �lYest,'�mBly��sy; Viand=
:.:; passed nnray-mill 4'.:- 14;k ,r ;
Joseph worked ed on fi� fam��arfd owned ahsteam thrasher ' , f .: • �- _� ": _ P`Np .:��:
_ with which he did harvesting for neighboring farriers. !fe ;oda :tor as �iiostedple .- anairieci
also did carpentry --:being one of those 'who helped to --?4*mb�andfiived'jnWayiata nd�
build the Parkers take Church, which burned .on 1to#ianoverlfJlinnesofa. {Thes�i�idr,�rearren,
-November 15, 1947. :. Ei¢abeth, P+earl,•Arbie;Vemarid '" a: z�.��-
�' x
• •... r• a:.��:. � .::" {'sem- .
It was very interesting to hear hini lei of the many hunting EI¢atieth lived 1many years in-S►vayzata andslow lives fi
trips he took with his sons. They hunted deer, wolf, fox her sister in Hanover. Frank also lived tnan)i years in ar)d
` and other animals. Whenever the boys got together they near Wayzata and now•Iives 11t 4ndrana.. ; His childni are,,
reminisce on the fun they had had. His wife, Ellen, ,Roy, Russell, John and Percy.' .;.%a� '� ; _ '_� .
• was a great help to many neighbors, caring for sick and
helping in many ways. She passed away April 13, 1918.. Writteh by Neieri Gafes'' ; ; r y
-:•Circa. •1980
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CITY COUNCIL - NOV 30 - DEC 13
November -December 1992
November 30
11:15am Lost Lake Post Office Grand Opening
December 7
5:�30pm` DINT :CD�JNCIL/ISD.284 MEETING ':::
3:30pzn COUNCILSTUDY SESSION : :<::::::.:.: ;:::: ;;
[7:000m. COUNC MEETINQ,
7:00pm COUNCIL BUDGET HEARING
W
December 1 :;'UESDAY.:
7:00pm WATER QUALITY COMMITTEE
December 8
8:30am City Manager Semifinalist Review
7:00pm BOARD OF ZONING
December 2[WEDNESDAY]
December 9
7:30am FINANCIAL ADVISORY COMMITTEE
7:00pm PLANNING COMMISSION
December 3 1`THURSqAYj December 10
6:30pm Metro Council Public Hrg. Dist. 9 Vacancy
7:00pm PRAC
7:00pm COUNCIL BUDGET HEARING
December 4December 11
December 5 SATURDAY,.. December 12
9:00am City Manager Finalist Interviews
December 6 : SUNDAY:::
December 13
*REVISED MEETING **NEW MEETING
—
M
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11/24/1992
aw, NOV 25'92
m-8
CITY COUNCIL - DEC 14 - 27
December 1992 'I
December 14
December 21
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S
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6:30pm PLYMOUTH FORUM
-7, iii `COUNC�;MEETING-
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December 22
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December 23
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December 24
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cim NIDJ 25'92
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 16, 1992
TO: Frank Boyles, Acting City Manager
FROM: Judy McMillin, Exec. Secretary
SUBJECT: JEWISH HOLIDAY OBSERVANCES
In 1993 the following dates are Jewish holidays with work restrictions. All holidays
begin at sundown of the preceding day and end at nightfall on the final day of
observance.
Passover (Work restrictions on first two and last two days of celebration)
Tuesday -.Thursday, April 6 - 7, and April 12 - 13
Begins April 5 and April 11 sundown
Shavuot (Work restrctions on both days)
Wednesday - Thursday, May 26 - 27
Begins May 25 sundown
Rosh Hashanah (Work restrctions on both days)
Thursday - Friday, September 16 - 17
Begins Sept. 15 sundown
Yom Kippur
Saturday, September 25
Begins Sept. 24 sundown
Sukkot (Work restrictions on first two days)
Thursday - Friday, September 30 - October 1
Begins Sept. 29 sundown
Shemini Atzeret (Work restrictions on both days)
Thursday - Friday, October .7 - 8
Begins Oct. 6 sundown
cim i QU 25'92
-1.
November 24, 1992
Soo Line Railroad File Names
Residents
Soo Line Reps
MnDot Reps
Federal RR Authority
HOA Presidents
Local Media
SUBJECT: FEBRUARY 8 PUBLIC INFORMATION MEETING TO CONSIDER
PROPOSED TRAIN WHISTLE RESTRICTION ORDINANCE
Dear
The City Council has received complaints from residents living in the'; vicinity of the Soo Line
Railroad about Soo Line operators engaging in excessive use of their train whistles. Some
members of the public believe that the use of the train whistle should be banned between the
I
hours of 10 p.m. and 7 a.m. to preserve the peace and tranquillity of the adjacent
neighborhoods. Other persons have expressed a concern that such a restriction would increase
the likelihood of vehicular and pedestrian collisions with trains.
On numerous occasions the Council has discussed a proposed ordinance. Attached is a draft
which has been prepared by the City Attorney's office. As you can see, the ordinance
provides that:
1. Train whistles would be banned between 10 p.m. and 7 a.m. daily',
2. The ban only applies to those intersections where lights and drop arms are in place, that is,
between Highway 169 and Pineview Lane;
Clio NOV 25)'9Z
3. If there is a clear and present danger on the tracks, the train whistle may be used regardless
of time of day.
The Soo Line has supplied the City with a study which indicates that in Florida when a similar
10 p.m. to 7 a.m. restriction was imposed, accidents on the affected trainhoadway
intersections increased from 39 total accidents during the 59 months preceding the whistle
restriction to 109 in the 60 months following its implementation. During the same time period
during the daytime hours when no whistle restriction was in affect, the accident statistics were
unchanged.
There is no way of determining whether the Florida conditions are analagous to Plymouth.
The City of Winona officials which have a similar whistle prohibition for the last 12 months
have indicated that they are not aware of significant changes in accident experience.
Prior to taking any further action, the City Council believes that it would be most beneficial to
receive input from all parties. Consequently, they have scheduled a public information
meeting on Monday, February 8, 1993, commencing at 7 p.m. in the Plymouth City Council
chambers, 3400 Plymouth Boulevard, Plymouth, MN 55447. You are encouraged to be
present at this meeting to offer your opinions to the City Council with respect to whether or
not such an ordinance should be adopted. It is important that the City Council have the benefit
of opinions both for and against the ordinance.
If you have any questions regarding the proposed meeting, feel free to call me at 550-5013. I
will forward to seeing you at the public information meeting February8.
Sincerely,
cin, NoV 25'92
Frank Boyles
Acting City Manager
FB:keb
cc: Mayor & City Council
14
C144 NOV 25'92
BES' • & FLANAGAN
Attorneys at Law
3500 IDS Center i
80 South 8th Street
Minneapolis, Minnesota 55402-2113 ' iC11
(612) 339-7121
_,• s LL IVC
lion 1.8 191
'lient 9300
Uf PtYM
:ity of Plymouth November 13'j 1992
:400 Plymouth Blvd. Invoice No. 188695-18.873.2
Ilymouth, MN 55447
MATTER SUMMARY
latter
Services
Disb.
Total
Billed YTD
•20180
Prosecution Office Time
$8,273.75
$577.18
$8,850.93
$78,712.53
20181
Prosecution Court Time
5,141.25
95.40
5,236.65
50,837.46
20182
Prosecution Complaint.
21572.50
19.88
2,592.38
19,937.13
•20188
Plat Opinions
646.00
65.90
711.90
7,614.60
20189
Housing & Redevelopment
1,676.00
6.40
1,682.40
10,170.70
20191
General - Administration
4,855.25
363.23
5,218.48
64,474.13
20192
General - Community Dev.
793.25
66.55
859.80
18,645.11
120193
General - Finance
180.50
.00
180.50
11521.90
'20194
General - Public Safety
.00
.00
.00
3,749.65
20195
General - Public Works
983.25
2.00
985.25
31482.40
20200
Codification
.00
.00
.00
1,746.60
20265
Carlson Ctr, Rev Rfdg
.00
.00
.00
232.50
20266
Project No. 015
.00
.00
.00
3,407.45
•20276
Labor/Employment
1,488.75
7.20
1,495.95
51818.60
20375
Project No. 106
.00
.00
.00
313.50
20416
Union Terrace
.00
.00
.00
446.70
20472
Project #011: Condemn.
1,477.25
39.10
1,516.35
9,333.82
20473
City Project No. 201
.00
.00
.00
346.75
20593
Park and Recreation
294.50
.20
294.70
11368.95
•20609
Project No. 102
.00
.00
.00
352.10
20834
TIF Proj, Champion Auto
.00
.00
.00
21177.50
20882
Project No. 040
.00
.00
.00
86.00
•20989
v. Begin Contracting Co.
237.50
.00
237.50
1,456.25
21072
v. Cavanaugh
570.00
16.80
586.80
11014.30
21073
McGowan
109.25
.00
109.25
11070.30
21091
Larry Begin
615.00
8.80
623.80
2,696.60
21127
Earl G. Thompson
.00
.00
.00
232.50
21150
Project No. 211
180.50
12.30
192.80
944.50
21158
Marcus Real Estate
247.00
.00
247.00
834.25
•21308
Acquire Right -of -Way
285.00
.00
285.00
285.00
21309
Ess Property
356.25
.00
356.25
356.25
21332
Public Works --Deep Well
142.50
15.40
157.90
157.90
TOTAL
$31,125.25 $1,296.34 $32,421.59 $293,823.93
PAYMENT DUE UPON RECEIPT
00, NOV 25'92
PLEASE PUT CLIENT NUMBER ON CHECK FEDERAL I.D. NUMBER 41-0150277
r� County Road
5
0 .Update
A bulletin from the City of Plymouth, Number 5 November 17, 1.992
The City of Plymouth sent out a County Road 10 Construction Update last week that informed motorists
of some of the work that they can expect to encounter in coming months. I While the work is slated to
go on as scheduled, it has come to our attention that one of the businesses cited as a boundary was
incorrectly identified. We apoligize for any confusion this may have caused. The Update should have
read as follows:
As crews prepare to lay new blacktop between Quinwood Lane and the Bass Lake Bottle Shop,
motorists can expect to see numerous traffic changes as traffic is moved from the old lanes to new lanes.
Also, expect some temporary bypasses in some areas, such as County Roads 10 and 47, as the road is
realigned for the winter.
For more information
If you have questions on this project, please call: Hennepin County Project Engineer Jerry Mortenson at
930-2618; or Senior Engineering Technician Ted Kruse or Supervising Engineering Technician Jim Voss
at 551-0459.
CIM NOV 25'92
It 11 .I,4: a ! ,.i
PLYMOUTHDIAL_A_RIDE
-
1991 MONTHLY COST SUMMARY
Post -It' brand tax transmittal memo 7671 001pages ►
T�---_..- -- From
_T Q ry�k ��C. I��S 5h.� I'14.•k.�.�
Co. Cu
_ NATz-
Uept. Phone N
hnlc Y '-•--• •-- -. Fax M
-------- Less Revenue ----------
Cash Coupons Value of Equals Subsidy/ Recovey Total Rides/ Service Miles/ Milers/
Tota; Cost Fares SubeittedTransfrs TOTAL Deficit Passenger Pass. Ratio Hours Hour Miles Hour Pass.
---------------------------------------------------------- -------------------------------- ------ ---------------------
J2n-91 18086.1-3 %135.65 354.00 114.00 2603.65 -15482.48 2,298 s6.77 14.41 882.25 2.6 17,321 19.63 7.57
Fsb-91 !6400.00 1717.00, 366.00 66.00 2209.00 -14191.00 1,965 17.15 13.51 800.00 2.5 14,948 18.69 7.53
Mar -91 11245.63 1921.71 356.00 79.00 2364.75 -14880.88 •2,17.': 17.00 13.?Z 841.25 2_5 15,141 18.11 7.17
Apr -91 17763.25 2028.05 449.00 6!.00 2538.05 -15225.20 2,31Q 16.57 14.31 866.50 2.7 16,057 18.53 6,92
May -91 17184.13 1966.55 523.00 974.00 2581.55 -14602.58 2,406 66.07 15.01 838.25 2.9 15,845 18.90 6.59
Jun -91 15103.3% 1911.80 279.00 55.00 2249.80 -12857.57 2,057 $6.25 14.91 736.75 2.8 13,871 18.83 6.74
Jul -91 11066.21 2275,E5 278.00 72.00 2625.85 -14440,40 2,191 16.59 15.41 832.50 2.6 15,596 18.73 7.11
Aup-974 172A0.50 ?n9.45 122.00 79.00 ?340.45 -14900.05 2,146 56.94 13.6! 841.00 2.6 15,537 18.47 7.24
Sep -91 :'6y2.?` 1i82.76 906.00 53.00 2611.76 -:3020.99 2,619 14.97 17,02 765.50 3.4 15,033 19.66 5.75
Oct -9: ;93!1.2" 769:.00 :009.00 :6j.)C- 3569.60 -15945.60 3.464 14.60 19.51 966.40 3.6 19,701 20.39 5.69
Nov -91 !1205.65 1865,00 888.00 !4?.0^v 2900.00 -!4305.65 :.783 s5.:3 16.91 839.30 3.3 15,849 18.88 5,68
Dec -91 19582.63 77430.00 772.00 134.00 3136.00 -16446.63 2,946 15,58 16.01 955.25 3.1 17,348 18.16 5.89
Jan -92 !9428.82 2721,00 1046.00 173.00 3941.00 -1;1481,88 2,979 15.10 20.31 947.75 3.1 18,045 19.04 6.06
Fvb-92 !7763.25 227=.25 1141.On :82.00 3601.25 -!4!62.00 2,841 14.98 20.31 866.50 3.3 17,231 19.69 6.07
Mar -92 19013.75 7543.41 993.00 140.00 3476.45 -15531.30 -1163? 15.89 18.31 927._-0 2.8 17,526 18.90 6.64
Apr -92 29:36.1:• 2496.?!. 1187.00 10:.On VF5,70 -:53:51.05 2.786 65.51 19.81 933.50 3.0 18,841 20.16 6.76
May -92 23066.00 2 97.30 1220.00 • :!6.00 3533.30 -!9554.70 2,740 17.14 13.31 925.00 3.0 111816 19.26 6.50
Jun -92 24772.80 2723,30 795.00 !?5.00 3643.30 -21129,50 2,595 18.14 14.71 992.50 2.6 18,735 18.88 7,22
Jul -92 23858.56 2607.90 952.50 156.00 3716.40 -22142,16 2,447 49.05 14.41 11036.00 2.4. 18,273 17.64 7.47
Aug -97 23362.56 2779.45 862.50 126.00 3767.95 -19594.61 2,427 $8.07 16.IZ 936.00 2.6 18,160 19.40 7.48
Sep -92 23861.76 2289.65 2217.00 108.00 4614,65 -19247.11 3,090 16.23 19.31 956.00 3.1 18,950 19.82 6.13
Oct -92 25633.92 2576.30 1546.00 123,00 4245,00 -2•_388.92 3,255 $6.57 16.61 1,027.00 3.2 20,839 20.29 6.40
----------------------------------------------------------------------------------------------- ----••----------------
Accusula_es
Totals 430301.7( 49517,44, 18364.00 2496.00 70407.46 -:59694.24 117,132 46.30 16.41 19,112.70 2.9 376,783 !9.11 6.39
SC7�GS77_OC7c7C7�OC7-
Ctrl Nov 25'99.
I
ROUTE 91 & 92
PLYMOUTH METROLINK SOUTSWEST;
DAILY RIDERSHIP BY SERVICE TYPE
JULY 1992
WEEK OF: Route 91 Route 92
Oommuter Reverse Con
Total Svstm
07/01 - 07/03
551
132
683
07/06 - 07/10
1295
484
1779
07/13 - 07/17
1380
428
1808
07/20 - 07/24 -
1434
472
1906
07/27 - 07/31
1397
424
1821
TOTAL:
6057
1940
7997
-------------------I
DAILY AVERAGE
352
328
September
RIDERSHIP
263
84
347
------------------------------------
YEAR TO DATE
AVERAGE 292 76 368
ROUTE 91 & 92 COMBINED
DAILY RIDERHSIP AVERAGES BY MONTH
1990-1992
MONTH:
1990
1"1
January
427
432
February
420
404
March
417
377
April
364
381
May
367
361
June
372
343
July
360
330
August
352
328
September
407
355
October
398
371
November
389
380
December
352
358
-----------------------------------------------------------------------------
YEAR LONG AVERAGE 373 368
387
380
367
376
360
361
347
368
Ctm K(N 2 '92
•
ROUTE 91 & 92
1991
1992
PLYMOUTH METROLINK SOFT
427
DAILY RIDERSHIP BY SERVICE TYPE
387
February
AUGUST 1992
404
380
WEEK OF:
Route 91 Route 92
377
367
Commuter Reverse
Commuter
Total S ern
08/03 - 08/07
1422
393
1815
08/10 - 08/14
1309
384
1693
08/17 - 08/21
1392
420
1812
08/24 - 08/28
1313
425
1738
08/31
September
844
370
TOTAL:
5722
1706
7428
----------------------
DAILY AVERAGE
November
389
380
RIDERSHIP
272
81
353
YEAR TO DATE
YEAR LONG AVERAGE
373
368
AVERAGE
289
77
366
ROUTE 91 & 92 COMBINED
DAILY RIDERHSIP AVERAGES BY MONTH
1990-1992
MONTH:
190
1991
1992
January
427
432
387
February
420
404
380
March
417
377
367
April
364
381
376
May
367
361
360
June
372
343
361
July
360
330
347
August
352
328
353
September
407
355
October
398
371
November
389
380
December
352
358
YEAR LONG AVERAGE
373
368
366
cm NOV 25'92
ROUTE 91 & 92 I =-
PLYMOUTH METROLINK SOUTSVVEST
OF:
09/01 - 09/04
09/08 - 09/11
09/14 - 09/18
09/21 - 09/25
09/28 - 09/30
DAILY RIDERSHIP BY SERVICE TYPE
SEPTEMBER 1992
WEEK
Route 91
Commuter
1001
1026
1260
1324
Route 92
345
358
459
265
3x
Total System
1346
1384
1719
1589
TOTAI: 5453 1728 7181
-----------------------
DAILY AVERAGE
RIDERSHIP 260 82 342
YEAR TO DATE
AVERAGE 287 77 364
--------------------------------------
ROUTE 91 & 92 COMBINED
DAILY RIDERHSIP AVERAGES BY MONTH
1990-1992
MONTH:
19901
January
427
432
February
420
404
March
417
377
April
364
381
May
367
361
June
372
343
July
360
330
August
352
328
September
407
355
October
398
371
November
389
380
December
352
358
------------------------------------------------------------------------------
YEAR LONG AVERAGE
373
368
387
380
367
376
360
361
347
353
342
364
c„}E �,M 25'92
ROUTE 91 & 92
PLYMOUTH ME1ROL1 K SOFT
DAILY RIDERSHIP BY SERVICE TYPE
OCTOBER 1992
WEEK OF:
Route 91
Route 92
1992
January
C&mmuter
Reverse Commuter
Total Sym
10/01 - 01/02
473
182
655
10/05 -10/09
1310
546
1856
10/12 - 10/16
1295
481
1776
10/19 - 10/23
1366
555
1921
10/26 - 10/30
2.Q$Q
343
tel$
TOTAL:
-----------------------
5742
2274
8016
DAILY AVERAGE
RIDERSHIP 261 103 364
---------------------------------
YEAR TO DATE
AVERAGE 284 80 364
ROUTE 91 & 92 COMBINED
DAILY RIDERHSIP AVERAGES BY MONTH
1990-1992
MONTH:
1990
1"1
1992
January
427
432
387
February
420
404
380
March
417
377
367
April
364
381
376
May
367
361
360
June
372
343
361
July
360
330
347
August
352
328
353
September
407
.355
342
October
398
371
364
November
389
380
December
352
358
------------------------------------------------------------------------------------------=
YEAR LONG AVERAGE
373
368
364
0
CIH hO�J 25'92
WEEK OF:
ROUTE 93
t
PLYMOUTH METROLINK
DAILY RIDERSI
JULY 1992
07/01 - 07/03
07/06 - 07/10
07/13-.07/17
07/20 - 07/24
07/27 - 07/31
TOTAL
1573
1625
1546 '
1645
---------------- —-------------- ---------______
DAILY AVERAGE
RIDERSHIP
308
--------------------------------
YEAR TO DATE
-------------_----_____--
- -------'- --------
j
AVERAGE
-----------------------------------------------------------------------------I
318 j
-------------
DAILY RIDERSHIP AVERAGES BY MONTH
MONTH:
1990
1991
1921
January
---
331
336
February
---
318
319
March
---
297
313
April
=--
318
313
May
—
307
309
June
243
310
328
July
263
303
308
August
284
295
September
266
316
October
294
304
November
301
301
December
278
277
----------------------------------------------------------7----------------------I--------------
YEAR LONG
AVERAGE:
276
306
318
1-4
Cif, Noir 25'92
J
WEEK OF:
ROUTE 93
PLYMOUTH METROLINK NORTHEAST
DAILY RIDERSHII'
AUGUST 1992
08/03 - 08/07
1622
08/10 - 08/14
1611
08/17 - 08/21
1577
08/24 - 08/28
1615
08/31-
5M
DAILY AVERAGE
TOTAL 6778
322
YEAR TO DATE
AVERAGE 318
DAILY RIDERSHIP AVERAGES BY MONTH
MONTH:
1990
1991
1992
January
---
331
336
February
---
318
319
March
---
297
313
April
---
318
313
May
---
307
309
June
243
310
328
July
263
303
308
August
284
295
322
September
266
316
October
294
304
November
301
301
December
278
277
YEAR LONG
AVERAGE:
276
306
318
1-6
cim N9V 25'92
WEEK OF:
ROUTE 93
PLYMOUTH METROLINK
09/01- 09/04
09/08 - 09/11
09/14 - 09/18
09/21 - 09/25
09/28 - 09/30
TOTAL
DAILY RIDERS
SEPTIII�ER
NORTHEAST'
HIP
1992
1248
1326
1720
1694
287
6975
-------------------------------------
DAILY AVERAGE
RIDERSHIP 332
---------------------------------------------- ---------------_____ --
YEAR TO TO DATE
AVERAGE 320
-----------------------------------------------------
MONTH:
January
February
March
April
May
June
July
August
September
October
November
December
YEAR LONG
AVERAGE:
19990
1991
1992
---
331
336
---
318
319 .I
---
297
313
---
318
313
---
307
309
243
310
328
263
303
308
284
295
322
266
316
332
294
304
301
301
278
277
276 306 320
O«. wj 25'97-
r,
3:.(o
WEEK OF:
ROUTE 93
PLYMOUTH METROLINK NORTHEAST
DAILY RIDERSH]
OCTOBER 1992
10/01 - 10/02
596
10/05 - 10/09
1731
10/12 - 10/16
1642
10/19-10/23
1740
10/26 -10/30
i,m
TOTAL 7292
DAILY AVERAGE
RIDERSHIP 331
----------------------------------------------------
YEAR TO DATE
AVERAGE 321
MONTH:
DAILY RIDERSHIP AVERAGES BY MONTH
1990 1991 1992
January
---
331
336
February
--
318
319
March
---
297
313
April
--
318
313
May
---
307
309
June
243
310
328
July
263
303
308
August
284
295
322
September
266
316
332
October
294
304
331
November
301
301
December
278
277
YEAR LONG
AVERAGE:
276
306
321
a
Cih4 NOV 25'92
PLYMOUTH CHARTER COMIVIISSI
OFFICERS: Virgil A. Schneider, Chair
William C. Pribble, Vice Chair
Kapila J. Bobra, Secretary
TERM
NAME AND ADDRESS EXPIRES
Kapila J. Bobra 6/19/95
2600 Pineview Lane
Plymouth, MN 55441
Tyrone P. Bujold
615 Holly Lane
Plymouth, MN 55447
Send Mail: 2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402
H. David Crain
13200 38th Avenue No.
Plymouth, MN 55447
John M. Duntley
1015 Pineview Lane No.
Plymouth, MN 55441
Patrick J. Foley
35 Nathan Lane, No. 223
Plymouth, MN 55441
Gerard A. Ford
15815 47th Avenue No.
Plymouth, MN 55446
Pauline V. Milner
2355 Jonquil Lane
Plymouth, MN 55441
Sandy Patterson
10600 Old County Road 15
Plymouth, MN 55441
6/19/95
6/19/95
6/19/95
6/19/95
(I) 559-1061
(0) 348-6774
(H) 476-4435
(0) 349-8755
(H) 559-1642
(0) 540-4105
(H) 544-1620
(0) 544-5469
i
(I� 542-9005
(0) 339-4511
6/19/95 (H) 557-7137
(0) 228-2500
6/19/95 (H) 559-2779
6/19/95 (H) 553-0278
(0) 546-5588
I-7
R. 11/23/92
APPOINTED:
6/20/91
6/20/91
6/20/91
6/20/91
6/20/91
6/20/91
6/20/91
6/20/91
cim NOV 25'92
Todd S. Wath 6/19/95 (H) 553-9802 6/20/91
10755 54th Avenue No. (O 925:2535
Plymouth, MN 55442
Appointments were made by Hennepin County Chief Judge Roberta K. Levy, on 6/20/91. All
appointees are eligible to serve a second four-year term.
ciWI NOV 25'92
I7
PLYMOUTH CHARTER COMMISSION
Page 2
NAME AND ADDRESS
TERM
EXPIRES
TFT FHONE
APPOEVTED:
Timothy J. Peterson
6/19/95
(H)
541-1125
6/20/91
3235 Wellington Lane No.
(0)
546-2211
Plymouth, MN 55441
William C. Pribble
6/19/95
(H)
473-8120
6/20/91
17330 19th Avenue No.
(0)
593-0041
Plymouth, MN 55447
Virgil A. Schneider
6/19/95
(H)
559-1111
6/20/91
11520 54th Avenue No.
(0)
377-0083
Plymouth, MN 55441
Ellie Singer
6/19/95
(D
593-0138
6/20/91
10115 29th Avenue No.
Plymouth, MN 55441
Jon A. Speck
6/19/95
(I)
473-4116
6/20/91
835 Vicksburg Lane
Plymouth, MN 55447
(0)
853-3014
Joy Tierney
6/19/95
(H)
473-1681
6/20/91
17915 20th Avenue No.
Plymouth, MN 55447
Todd S. Wath 6/19/95 (H) 553-9802 6/20/91
10755 54th Avenue No. (O 925:2535
Plymouth, MN 55442
Appointments were made by Hennepin County Chief Judge Roberta K. Levy, on 6/20/91. All
appointees are eligible to serve a second four-year term.
ciWI NOV 25'92
STATE OF MINNESOTA
COUNTY OF HENNEPIN
John B. Jordan,
VS.
City of Plymouth,•
a municipal corporation,
Appellant,
Appellee:
4 DISTRICT COURT
FOURTH i DICIAL DISTRICT
CaselType: 10; Other
Court File No.
NOTICE OF APPEAL
PLEASE TARE NOTICE that the above-named Appellant, owner of a
certain property located at 18040 Medina Road, Plymouth, Minnesota,
and having property identification number 18-118,22-43-0001 (the
Property) does hereby appeal that certain special assessment
adopted and certified against the Property on I the 2nd day of
November, 1992 by the above-named Appellee. The. assessment relates
to that certain public improvement known as Medina ;Road Project No.
010. Appellant appeals on the basis that the 'adoption of the
i
assessment has denied him equal protection of the law and the
amount assessed against the property exceeds the special benefit to
the Property.
Dated this 23rd day of November, 1992.
OLSON, USSET,.; AGAN & H
By:
De 'nis E. Dalen, #20862
Ali d' Attorney for Appellant
VJ1_1
6600 France Avenue South, #590
Edina, MN 55435
(612) 925-36441
cls NOV 25'92
ACKNOWLEDGMENT
Appellant, by his attorneys, acknowledges that costs,
disbursements, and reasonable attorneys' fees and witness fees may
be awarded the opposing party pursuant to Minn. Stat 549.21 Subd.
2 (relating to bad faith claims and defenses).
OLSON, USSET, AGAN-4-UgINGARDEN
By:
-DL5-nnis E. Dalen, #20862
Attorney for Appellant
6600 France Avenue South, 1590
Edina, MN 55435
(612) 925-3644
am NOV 25'92
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
Z-8
Dennis E. Dalen, being duly sworn, on oath says: that on the
23rd day of November, 1992, he served the attached Notice of Appeal
upon the City of Plymouth, therein named, personally at /• ,.
1'/'Z-y,/xt , in the County of Hennepin, State of Minnesota,
by handing to and leaving with Laurie Rauenhorst, the City Clerk of
the City of Plymouth, a true and correct copy thereof.
Subscribed and sworn to before me
this 23rd day of November, 1992.
Notary Public
KATHLEEN R. MORREIM
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
MY CommL,,,Jw EVkW Apr. 23.1998
CIM NOV 25'92
I-8
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN
Wallace Freeman; Elaine Freeman;
Craig Freeman; Judith Freeman;
WCF Theatre Associates Limited Partnership,
a Minnesota limited partnership; Freeman
Building Company, a Minnesota corporation;
and Willow Grove Partners, a general partnership;
Plaintiffs/ Appellants,
VS.
The City of Plymouth,
Defendant/ Respondent.
FOURTH JUDICIAL DISTRICT
Court File No.
NOTICE OF
SPECIAL ASSESSMENT APPEAL
AND COMPLAINT
Pursuant to Minnesota Statute § 429.081, Craig Freeman, Judith Freeman,
WCF Theatre Associates Limited Partnership, Freeman Building Company, and
Willow Grove Partners hereby appeal a certain special assessment of the City of
Plymouth and state and allege as follows:
1. Defendant the City of Plymouth ("the City") is a municipality existing
under the laws of the State of Minnesota, located in Hennepin County, Minnesota.
2. Plaintiffs are all owners of certain real property located in the City
which abuts and is in the vicinity of Nathan Lane in the City. Craig Freeman and
Judith Freeman are the owners of property located in the City, identified by PID #
3611822430041. Wallace Freeman and Elaine Freeman are the owners of property
located in the City, identified by PID # 3611822430025; PID # 3611822430024; PID #
3611822440010; PID # 3611822430071; and PID # 3611822430093. WCF Theatre
Associates Limited Partnership, a Minnesota limited partnership, is the owner of
CIV, NOV 25'92
property located in the City, identified by PID # 3611822440009.
Willow Grove
Partners is the owner of property, formerly owned by Wallace and Elaine Freeman,
,r
located in the City, identified by PID # 3611822430020. Freeman Building Company
is the owner of property located in the City, identified by PID # 3611822430019.
3. The City has specially assessed the above alleged property owned by
plaintiffs. The amount of the assessment with regard to each parcel of real property
which is the subject of this appeal is shown on the Notices of Hearing on Proposed
I
i
Assessment sent to plaintiffs which are attached hereto as Exhibit A and made a part
hereof.
4. Plaintiffs have complied with all conditions precedent to this appeal.
i
On or about September 19, 1992, a letter was sent on plaintiffs' behalf to Jim Willis,
City Manager for the City of Plymouth to register concerns regarding the City's 1991
Street Reconstruction - Phase II, City Project No. 102 ("the Project"), its costs, and its
alleged benefit to properties surrounding the proposed improvement. On or about
October 16, 1992, letters to the City Clerk of Plymouth and the Special Assessment
Committee to object to the proposed assessments were delivered on plaintiffs'
behalf.
5. On or about November 2, 1992, the City approved the special
assessments which are the subject of this appeal on all properties as originally
proposed on the notices attached hereto as Exhibit A.
6. On or about November 4, 1992, the City notified
November 2, 1992, City action and informed affected property
PA
owners of the
that the total
civr NOV 25'92
assessment must be paid within thirty (30) days or interest would be added to the
unpaid balance. A copy is attached hereto as Exhibit B and made a part hereof.
7. A copy of the City's resolution establishing the special assessments
which are the subject of this appeal is attached hereto as Exhibit C and made a part
hereof.
8. Plaintiffs, and each of them, are entitled to a judgment vacating the
special assessments because, among other things,
(a) Plaintiffs' properties did not receive a special benefit from the
improvements made by the City;
(b) The improvements which were the subject of the special
assessments did not increase the market value of plaintiffs' properties;
(c) The City's allocation of the assessment was not rational or
reasonable;
of properties;
(d) The special assessments were not uniform upon the same class
(e) The assessments were arbitrary and capricious;
(f) Proper procedures for making the assessments were not
followed; and
law.
(g) The assessments were otherwise improper under Minnesota
3
1-8
GIM Nov 25'92
3A
WHEREFORE, Plaintiffs and each of them, request that i e Court vacate the
special assessments placed on their properties identified and referenced above,
award plaintiffs their costs and disbursements, incurred in connection with bringing
this appeal, and provide for such other and further relief as the Court may deem
just and equitable.
Dated: November ,�Q,1992 DORSEY & WHITNEY
Bv
Steven K Champlin (#16044)
Amy C. Mitchell (#221156)
220 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: (612) 340-8833
Attorneys for Plaintiffs/Appellants
1
ACKNOWLEDGMENT j
i
The undersigned hereby acknowledges that costs, disbursements, and
reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §
549.21, subdivision 2, to the party against whom the allegations in this pleading are
asserted.
Steven K. Champlin
4
cirri NOV 25'92-
' J N
A
STATE OF MINNESOTA � TO4�pa'
COUNTY OF HENNEPIN N \O'
3L -S
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
Court File No.
------------------------ --------------------------------
Gary O'Dean and
Judith O'Dean,
Petitioners,
VS.
NOTICE OF SPECIAL
ASSESSMENT APPEAL
City of Plymouth,
a Minnesota municipal
corporation,
Respondents.
TO: LAURIE RAUENHORST, CITY CLERK, CITY OF PLYMOUTH, 3400 PLYMOUTH
BLVD., PLYMOUTH, MN 55447.
PLEASE TAKE NOTICE, that Petitioners appeal from the Special
Assessment adopted by Respondent pursuant to Resolution dated
November 2, 1992, for the Medina Road Street and Utilities Project
including the construction of a fifty-two foot and thirty-six foot
wide bituminous street with concrete curb and gutter, storm sewer,
trunk water main, sanitary sewer lateral, and all necessary
appurtenances.
The Petitioners are the owners of the following real estate
identified by Hennepin County PID No. 18-118-22-43-0003, with
mailing address at 18115 Medina Road, Plymouth, MN 55447, and
legally described on Exhibit "A" which is attached hereto and made
a part hereof by reference.
CIM NOV 25'92
l
T-8
II.
Petitioners are aggrieved within the meaning of Minn. Stat.
§429.081, by the adoption of a. Resolution of Respondent levying an
assessment on the property owned by Petitioners
The amount of the assessment as to Petitioners is Thirty
Thousand Five Hundred Twenty -Five Dollars and no/100ths
($30,525.00).
IV.
Petitioners have filed written objections to the proposed
t
assessment with the City Clerk on or beforethe date of the
i
Resolution adopting the assessment, or have failed to do so due to
a reasonable cause.
V.
The said assessment exceeds the special benefit which accrued
to the property of Petitioners as a result of the public
improvements made by Respondent.
VI.
The said assessments are not uniform upon the same class of
I
subject property, and constitute a taking within the meaning of
i
Minnesota Constitution, Article X, Section 1.
WHEREFORE, Petitioners pray for the Judgment of this Court
setting aside the assessment levied by Respondent and awarding to
Petitioners their costs and disbursements.
E
CIM NOV 25'92
JOHNSON & WOOD, P.A.
J •
C
Dated: By:
Richard J. Schieffer
Atty. Reg. No. 96623
730 East Lake Street
Wayzata, MN 55391
(612) 475-1515
ATTORNEYS FOR PETITIONERS
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements and
reasonable attorneys' fees and witness fees may be awarded pursuant
to Minnesota Statutes 549.21, Subd. 2, to the party against whom
the allegations in this pleading are asserted.
Dated:
By:
3
JOHNSON & WOOD, P.A.
CIM NOV 25'92
.•,r
.;;�,�
N6
EXHIBIT "A"
That part of the Southwest quarter of the Southeast quarter ofISection 18, Township
118 North, Range 22, described as follows: Commencing at the Southeast corner of
said Southwest quarter of the Southeast quarter; thence North along the East line
thereof 704 feet to the point of intersection of said East line with the centerline
of Medina Road; thence deflecting left 55 degrees 50 minutes along said centerline
a distance of 637.6 feet to the point: of beginning of the property being described
thence continuing on last -said course along said centerline 330 feet; thence
deflecting left 90 degrees a distance of 433 feet; thence deflecting left 90 degrees
a distance of 330 feet; thence deflecting left to the point of beginning; EXCEPT
the Northeasterly 33 feet of said property.
EXHIBIT "A"
c,r NOV 25'92
I-8
November 17, 1992 CITY Y OF
PLYMOUTR
Sir FN Midlnitial LN
Address
SUBJECT: 1991 STREET RECONSTRUCTION - PHASE II
CITY PROJECT NO. 102
Dear Sir LN:
We received your objection to City Project No. 102 after the October 26
public hearing. State Statute provides that:
"No such appeal as to the amount of an assessment as to a
specific parcel of land may be made unless the owner has either
filed a signed written object on to that assessment with the
City Clerk prior to the hearing or has presented the written
objection to the presiding officer at the hearine."
This language was contained in the assessment notice you received prior
to the hearing. If you have any questions or want to know the date your
objection was received by the City, please contact me (550-5080).
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
Cir„ NOV 25'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
I/Sir/FN/Midlnitial/LN/Address
/////The attached form letter was sent to
the following list of people on
November 13, 1992
1/Ms./Caryn//Naumann/
35 Nathan Lane, 1212
Plymouth, MN 55441
1/Ms./Dorothy/M./Edge/
35 Nathan Lane, 1312
Plymouth, MN 55441
1/Ms./Shannon//McFarlane/
35 Nathan Lane, 1218
Plymouth, MN 55441
1/Ms./Denise/K./Scherman/
35 Nathan Lane, 1215
Plymouth, MN 55441
1/Mr./Arthur//Wasserman/
35 Nathan Lane, 1213
Plymouth, MN 55441
1/Mr./Robert/M./Steblay/
35 Nathan Lane, 1304
Plymouth, MN 55441
1/Mr./Joe//Dahlin/
35 Nathan Lane, 1101
Plymouth, MN 55441
1/Mr./Michael/M./Rechtman/
35 Nathan Lane, 1326
Plymouth, MN 55441
1/Mr./Merlyn/R./Flaata/'
35 Nathan Lane, 1209
Plymouth, MN 55441
1/Ms./Phyllis/D./Slattery/
35 Nathan Lane, 1107
Plymouth, MN 55441
1/Mr./Harold/G./Danielson/
35 Nathan Lane, 1211
Plymouth, MN 55441
1/Mr./Justin/E./Cassel/
35 Nathan Lane, 1202
Plymouth, MN 55441
1/Ms./Celia//Martin/
35 Nathan Lane, #325
Plymouth, MN 55441
i
i
1/Ms./Joan/H./Erickson/
35 Nathan Lane, 4302
Plymouth, MN 55441
1/Mr./Gerald/A./Tubbs/
35 Nathan Lane, 1313
Plymouth, MN 55441
I/Mr./Patrick/J.I/Foley/
35 Nathan Lane, 1223
Plymouth, MN 551 41
1/Ms./Esther/A./Berman/
35 Nathan Lane, 1124
Plymouth, MN 55441
1/Mr./Richard//Clemensen/
35 Nathan Lane, :1119
Plymouth, MN 55441
1/Mr./William/C.'/Sverkerson/
35 Nathan Lane ,'1123
Plymouth, MN 55 i 441
1/Ms./Alice/C./Nelson/
35 Nathan Lane, 1311
Plymouth, MN 55 I 441
I/Mr./Donald/K./Rich/
35 Nathan Lane ,#111
Plymouth, MN 55441
1/Mr./Isaac//Peshanker/
35 Nathan Lane ,#216
Plymouth, MN 55441
z-%
GIM NGV 25i14-
Z-9 a,
GOVERNMENT ADVISORY COUNCIL
Wednesday, November 18, 1992
Minutes
PRESENT: Frank Boyles, Kim Bergman, Jim Dahle, Dan Donahue,
John Edson, Nancy Gohman, Fran Hagen, Roger
Johnson, Joy Robb, Carroll Vomhof
Carroll Vomhof explained that Superintendent
Powell would not be able to attend the meeting. He
then introduced Jim Dahle, director of business.
Dahle gave a presentation on District 281
finances. He started off by showing the district's
fund balance history for the past seven years. The
six categories covered in the fund balance are the
general fund, food service, transportation,
community service, capital expenditure and debt
service.
The general fund budget is approximately
$72,000,000. The goal of the district is to
maintain an unappropriated cash balance in the
general fund of 5% which has been very difficult
to accomplish the past few years. The food service
budget is approximately $3,000,000 and is
supported by federal and state aid. The
transportation budget is approximately $4,500,000.
At present there is a negative fund balance in
this account because of non -funded or under -funded
activities. The school board is addressing some of
the funding issues for the transportation budget.
Community service budget of $5,000,000 covers
education outside the K-12 grades, such as early
childhood education Adventure Club and adult
education. The capital expenditure of $4,000,000
is for upkeep of our buildings and grounds. At
present it has a negative balance because work
that was started in June of 1992 has been charged
to the 1991-92 budget. Debt service budget is for
making payments on bonds sold in the 1950s, 160s
and 170s to build schools; the money comes from
local tax levies.
Dahle presented a chart listing the surrounding
school districts and the relative financial
condition of their unreserved fund balance in
operating funds as of 6/30/91. Some school
districts are operating in the red. According to
the state general education formula our district
received $3,050 per pupil unit. We also receive
cim eau z5's2 �"
0.
Government Advisory Council
Minutes
November 18, 1992
state and federal funding for special programs and
grants. On the expenditure side of the general
fund budget, the major item is salaries..
In discussing the capital expenditure budget it
was pointed out that there are 2 1/2 million
square feet of buildings to take care of and that
many of the buildings are 30 to 40 years old. It
is time to start remodeling buildings. The
district has a five year facilities plan that is
updated yearly. Dahle mentioned that a district -
wide task force has been formed to study local
building needs, facility uses and demographics.
The next GAC meeting will be December 16, 1992, at
7:30 a.m. in the Cabinet Room of the'
Administration Building. Agenda items for that
meeting will be the scheduling of buildings for
community use, Just For Kids Programiand the
summer activities program.
CIh1 H� 25'92
11
BASSETT CREEK WATER MANAGEMENT CO
Minutes of the Meeting of October 159 1992
Call to Order:
hid
The Bassett Creek Water Management Commission was called to order at 11:40 AM, Thursday,
October 15, 1992, at the Minneapolis Golf Club by Chairman Peter Enck.
Roll Call:
Crystal:
Commissioner Bill Monk
Golden VaYey:
Medicine Lake:
C'om..russioner'E d Silberman
Commissioner John OToole Engineer. Len Kremer
Minneapolis:
Commissioner Marvin Hoshaw Counsel: Curt Pearson
Minnetonka:
Alternate Commissioner Michael Johnson Recorder. Elaine Anderson
New Hope:
Commissioner Peter Enck
Plymouth:
Commissioner Fred Moore
Robbinsdale:
Not represented
St. Louis Park: Commissioner Don Rye
(Mr. Rick Sather of Sather Bergquist, Inc., attended part of the meeting
as did Mary Gwin-Lenth of the League of Women Voters, New Hope)
I
i
Approval or Correction of Minutes:
Mr. Silberman corrected the September minutes as follows: the second by Mr. Donahue on page 6
should be changed to Mr. Ruffenach. With this correction, he moved approval. Seconded by Mr.
Johnson. Carried unanimously. a
Financial Statements:
Mr. Silberman presented the Treasurer's Report as of October 15, 1992, showing a checking account
balance of $5,135.57, an investment balance of $313,300.77, a construction account balance of
$1,693,033.91 plus the $5,000 which is earmarked for Medicine Lake, and a construction escrow
account balance held by Minneapolis totaling $586,000 (as of October 1, 1992). The Commission
also holds $21214.61 (as of October 15, 1992) (Minneapolis Clean Water Fund 0005400189) to pay
for a water pollution study in Minneapolis. The treasurer's report was filed for audit. Mr. Silberman
expressed concern about the administration costs being high. Mr. Kremer replied the increased costs
are principally due to plan reviews. How much there will be before the eiid of the year depends on
how cities handle their stormwater management plans. I t
Presentation of Invoices for Payment:
It was moved by Mr. Silberman and seconded by Mr. Johnson that the Barr Engineering Company
invoice for services and expenses for the period August 30 through October 3, 1992, totaling
$12,207.87, be approved for payment subject to arithmetical verification: Carried unanimously.
CIM NOV 25'92
x-962
Communications:
Chairman:
1. Chairman Enck had received a communication from Barr Engineering Co. regarding the
"Establishment of Water Quality Controls for Lakes and Streams."
2. Chairman Enck had received a communication from the Hennepin County Conservation District
regarding the County Groundwater Plan. It is to be reviewed by several organizations.
Discussion followed. Mr. Rye indicated that the only recent mailing sent out was a revised copy
of Chapter 4. Mr. Moore questioned whether the Commission needed to take any formal action at
this time. Mr. Rye said the Committee had been discussing costs and had come up with an
estimated cost of between $40,000-150,000 to develop a local groundwater plan with an annual
cost of $30,000 to $75,000. He said that committee members don't agree with the statements that
they keep hearing, '"We can fit it in with existing programs and it won't cost very much." Mr.
Rye sent a copy to Mr. Kremer. In May it was submitted to all the communities.
Mr. Moore stated that it would be appropriate to have Mr. Kremer review the plan and prepare a
response. Chairman Enck asked Messrs. Moore, Rye, Kremer, Pearson, and Sonnenberg to
meet for discussion and bring back a report. He appointed Mr. Rye to be the spokesperson.
Counsel
1. Mr. Pearson reported that he and Mr. Kremer met with Mr. Spychalla. A letter is in the mail on
Wirth Park. Mr. Spychalla has prepared an outline and a booklet on materials we need to prepare.
We have also received credits for some of it. There will be some exclusions so we will continue
to meet with them.
2. Fruen Mill Project. Mr. Kremer wished to advise Minneapolis that it will take some time to obtain
easements from the four property owners affected. Mr. Hoshaw said Minneapolis will follow the
Corps' procedures. Mr. Kremer indicated that we will have some trouble obtaining the
Glenwood -Inglewood easement and that the process needs to be started as soon as possible.
3. Mr. Pearson indicated that the Corps of Engineers at this point says that we will have to have an
appraisal of the Golden Valley Golf Course. Mr. Pearson is trying to arrange a meeting with W.
Yoder and Mr. Spychalla. An appraisal is necessary prior to acquisition of the easement.
4. Mr. Pearson said the credits for the Highway 100 improvement is estimated at $600,000. We will
not know a more exact figure until everything is signed and the lands are appraised and acquired.
As far as the credit for the Brookview Golf Course is concerned, it depends on whether the Corps
insists on the one -foot of freeboard. If so, we will have trouble with Golden Valley because this
would require substantially more property acquisition. Credit is currently estimated by the Corps
in their project cost summary for Brookview GolfCourse as $600,000.
5. Mr. Pearson asked the Commission if there had been any feedback to the notice of the Public
Hearing which is to be held on November 19. No Commissioner had received any questions or
comments from the electedofficials or their staffs.
Glfcc Nov 25'92
1-96
Commissioners:
1. Mr. Silberman said that he has been watching for an annual report which was submitted to the
local papers but hasn't seen anything. Mr. Kremer said they have a clipping service and haven't
seen anything either. Mr. Silberman said we will have to have a better system for publicity.
Chairman Enck said this could be discussed at the next Wednesday meeting. The City Managers
should get the article. Mr. Kremer asked if we should check with cable television either as an
alternative or another source for publicity. Mr. Pearson suggested that he and Mr. Kremer could
put an annual report together at the end of the year and send it to the cities. Each city would know
the parts important to its particular municipality. Mr. Hoshaw said it is time to put our accomp-
lishments together. There should be something sent to the communities at this time. It has to be
concise if it is going to be used..Chainnan Enck asked the engineer and counsel to prepare some
such information which could be distributed. It would also need some type of cover letter.
Engineer:
Mr. Kremer reported that he had had a letter from the Corps of Engineers indicating that we don't
need a permit to do the work at Central Park Pond in Plymouth.
New Business
1. Mr. Rick Sather of Sather Bergquist Inc. was introduced. He was attending part of the meeting
because of a project in Plymouth in which he is involved This is a request for review of a
grading, drainage, erosion control plan and a wetland mitigation plan for the Scherber/Stromseth
site located in Plymouth west of County Road 101 between Medina Road and County Road 24.
The single residential development includes 127 lots located on 75 acres. Grading will be
performed over approximately 60 acres. The proposed site includes 6 wetlands, two of which are
regulated by the DNR and two are listed in the Bassett Creek Water Resource inventory: The
others are regulated as a local responsibility. The proposed project is outside the Bassett Creek
floodplain.
The wetland mitigation plan indicates that grading will result in 1.0 acmes of wetland area filled for
the entire site. As a mitigative measure 3.4 acres of new wetland and ponding area will be
provided for the site. Silt fence has been proposed for erosion control. The site will be seeded
and disc anchor mulched following grading.
A long discussion folio% ped. ll4r. Krmrr mcom-nended approval of the site grading only,
contingent on the following modifications:
a. The depth of the proposed wet ponds must have an average depth >4 feet in accordance
with NURP criteria.
b. The ponding areas must be excavated at the beginning of grading operations to act as
temporary detention basins. Sediment must be removed from these ponds as necessary
prior to completion of the project. The erosion control plan must indicate this grading
sequence.
c. • Comments for the drainage and storm sewer plans will be provided after the developer has
submitted the required information. I
Mr. Hoshaw moved approval on the basis of the engineering recommendations. Seconded by
Mr. Johnson and carried unanimously.
c«r %GJ 25'92
1-9 k
2. Hidden Village Condominiums, Golden Valley. Request for review of a stream bank protection
plan along the main stem of Bassett Creek located approximately 600 feet of Douglas Drive and
consisting of placing riprap and filter fabric along 280 feet of shoreline. The project is necessary
due to erosion along the creek bank adjacent to the condominiums. Mr. Kremer requested the
consultant to provide surveyed cross sections of the existing creek channel for our review and
.review of the data indicated that the project will not restrict creek flows or adversely affect the
floodplain. Upon the engineering recommendation, it was moved by Mr. Moore and seconded by
Mr. Silberman that the project be approved. Carried unanimously.
3. Sugar Hills, Plymouth. Request for review of a preliminary grading, drainage and mitigation plan
for a 113 -acre development at Highway 55 and Vicksburg Lane and south at Plymouth (reek.
The development is located in the Bassett Creek (70.0 acres) and Minnehaha Creek (42.5 acres)
watersheds. Grading of the site will result in an alteration of the watershed boundary. The site
contains three wetland areas in the Bassett Creek Watershed. Approximately 0.7 acres of wetland
will be filled as part of the proposed County Road 9 project Wetland mitigation will be located
along the north boundary of the site. The two other wetland areas are small wetlands not;ncluded
in the Bassett Creek Wetland Inventory. Mitigation of these areas will be a local responsibility.
Mr. Kremer recommended that the concept of watershed boundary alteration be approved but that
final grading, drainage, erosion control, and wetland mitigation plans must be submitted for
review after completion. Mr. Moore indicated that the planners have done a great job.
Upon the engineering recommendation, it was moved by Mr. Hoshaw and seconded by Mr..
Silberman that the request be approved. Carried unanimously.
4. For information only, Mr. Kremer reported that a revised drainage and erosion control plan for
Plymouth Pointe was reviewed The plan was approved administratively.
Old Business
1. Non -point Pollution.
There are two locations in Minneapolis where streamwater sampling is being conducted:
1. Just downstream of Theodore Wirth Park.
2. Just inside of the new conduit entrance.
Mr. Kremer indicated that they are monitoring the effects of runoff. Seven metals and 11 other
parameters are involved. Results of the analyses show that the levels are less than the Chain of
Lakes and PCA data and also lower that we had expected. The concentrations downstream are
higher than upstream.
Mr. Kremer said indications are that Bassett Creek water quality is generally better than
comparable urban areas. We have a considerable amount of detention as well as a considerable
amount of permanent, deep water storage stage has been added of storage through the last several
years. Mr. Pearson asked if there were actual comparisons of other watersheds. Why are some
watersheds more polluted and others less polluted? Is data being put into place so it becomes
meaningful? Mr. Kremer said he could pull available information together.
2. Mr. Kremer referred to the Northwood Lake problem. Mr. Mark Hanson had attended the July
16 meeting and had outlined the problem. It would cost between $7,000 and $8,000 to do a study
of the options for solving the problem. Mr. Mark Hanson had done a survey of high water marks
and the stream profile which will be valuable information for the study. The study would evaluate
if it is possible to get the water downstream a little quicker. It would also evaluate if it is possible
to provide additional storage capacity upstream. It was suggested that data be analyzed to see if it
could help the three cities involved Mr. Monk and Mr. Moore have met with Mr. Mark Hanson.
clic N94 259Z
Mr. Kremer said a valid option would be running another pipe. It was also suggested that we
stop after the review and then come back later for consideration. There would be lots of data
available from New Hope, Plymouth, and Crystal. Mr. Moore asked if the 100 year model is still
valid. The date of the original model was 1969. It was updated in 1979. The percent of
development upstream of Northwood Pond is -close to 10096.
It was moved by Mr. Hoshaw and seconded by Mr. Silberman that the engineer should proceed
with an avaluation of the options for lowering the flood level of Northwood Lake and reducing the
period of inundation. Carried unanimously.
3. At the August Commission meeting, it was questioned whether or not the floodproofing of homes
was included in the flood control plan. Mr. Kremer reported that he went back to the 1976 files.
In the plan adopted by Congress and the Commission, there were 15 homes to be floodproofed.
In 1979 the Commission adopted a plan which included the floodproofmg of 20 residences.
Funding would have been 80% federal and 20% local. However, the Corps dropped the
floodproofing from their plan because they argued that it was incrementally unjustifiable. It was
stated that we don't have a Public Hearing when the government agency decides to change the
plays for some, :earn^.. T^ the discussion, it was po;nted out that what happens at Highway 100
will have a tremendous effect on what needs to be done for the 20 homes and that some relief can
be obtained with certains designs for the Highway 100 improvement..* 11
There has been Congressional consideration of a request by a Federal agency a request to establish
a national floodproofmg program. This would provide at least some assistance from the federal
government for floodproofing. Chairman Enck suggested a 6 and 9 month followup.
Mr. Moore said it is important to follow-up on this from time to time. Mr. Silberman will follow
with Golden Valley and Mr. Monk will follow with Crystal because Golden Valley, Crystal and
MnDOT will be acquiring right-of-way for those improvements.
r
Miscellaneous
A Public Hearing will be held at 7 PM, November 19 in the Council Chambers of the Plymouth City
Hall at which time water quality goals will be discussed.
Adjournment
It wss moved by Mr. Rye and secondo b; Mr. Donahue that the meeting 4oum. Chairman Enck
adjourned the meeting at 1:35 PM.
Peter Enck, Chairman
Donald Rye, Secretary
Elaine Anderson, Recorder
Ciro, %(N 25'92
&17.27C(s0p10H SUMMARYRPT SUMMARY OF ALL REQUESTS RECEIVED
PAGE 1t
11/24/92 FROM 04/01/90 TO 11/24/92
BY DIVISION AND TYPE
VOIDED ACTIVE CLOSLAO
CODE DIVISION NAME REQUEST CODE/DESCRIPTION TOTAL REQST REQST REQS
102 Administration
0505 Basketball Hoops 1 1
0510 Cable Television 1 1
0525 City Ordinances 1 1
0535 Elections 1 1
0555 License Complaints 15 15
R 0560 Miscellaneous 5 5
0570 Newsletter 1 1
0590 Transit Complaints 1 1
4505 Fence Regulations 1 1
-------------------- ----- ----- ----- -----
I
DIVISION TOTALS 27 0 1 26
120 Planning
1505 Construction Debris 7 7
1510 Construction Problems 2 2
1520 Hazardous Building 1 1
1530 Miscellaneous 3 3
4045 Sight Obstruction 7 7
4505 Fence Regulations
4510 Home Occupation
4525 Miscellaneous
4530 Planning Research
4535 Sign Regulations
4540 Zoning Regulations
--------------------
S 1
2
7 1
5
4
17
7
2
6
5
4
17
DIVISION TOTALS 63 2 0 61
122
Building
1510 Construction Problems
1
it%
1515
Grading/Fill Problems
3
3
1520
Hazardous Building
1
1
1530
Miscellaneous
6
6
1535
Permit Issuance
2
2
--------------------
----- -----
----- -----
DIVISION TOTALS
13
0 0 13
CIM NOV 2 5'92
A
123 Park & Recreationj
3505 Athletic Facilities
3520 Miscellaneous
3525 Park & Beaches
3535 Recreation Programs
3540 Requests For Facilities
---------------
DIVISION TOTALS
R
F1
• 13
2
13
1
1
4
3
2
2
----- ----
0 12
elm NOV 25'92
&17.27C(sOp10H SUMMARYRPT SUMMARY OF ALL REQUESTS RECEIVED T--1 O
PAGE 2R
11/24/92 FROM 04/01/90 TO 11/24/92
BY DIVISION AND TYPE .
VOIDED ACTIVE CLOSE
CODE DIVISION NAME REQUEST-CODE/DESCRIPTION TOTAL REQST REQST REQSTIS
124 Park Maintenance & Forestrg
2025
Miscellaneous
1
3505
Athletic Facilities
2
3525
Park & Beaches
1
3545
Trails & Sidewalks
1
4005
Burn Permits
7
4020
Lake/Pond Water Quality,
2
4025
Miscellaneous
3
4040
Park Maintenance
6
4045
Sight Obstruction
21
4060 Trails
5
4065
Tree Problems
226 2
4070
Vandalism
2
4075
Weed Abatement
88 2
'5515
Miscellaneous
2
------
-----
1
1
4 1
2
2550 Special Assessments Recei
1
1
1
34
7
3520 Miscellaneous
2
1
3
1
5
•4075 Weed Abatement
-------------------- -----
21
1
----- -----
5
19 205
1 1
1 85
2
I
DIVISION TOTALS 367 4 22 341
130 Finance
1035 Miscellaneous
1
1
2535 Miscellaneous
4 1
3
2550 Special Assessments Recei
1
1
2555 Utility Bills - Water & S
34
11 23
3520 Miscellaneous
1
1
4025 Miscellaneous
1
1
•4075 Weed Abatement
-------------------- -----
1
-----
1
----- -----
DIVISION TOTALS 43 1 11 31
131 Assessing
1005 Abatements
1035 Miscellaneous
1045 Valuation
--------------------
DIVISION TOTALS
3 0
1
1
1
0 3
hQJ 2592
ctM N0112f'g=
.160 Police
3010
Miscellaneous
2
2
5005
Animal control
1
1
5010
Criminal/Traffic Enforcem
1
1
5015
Housing Code Violations
1
1
5020
Junk Vehicles
3
11 2
5025
Miscellaneous
5
5
5030
Noise Complaints
1
1
5035
Public Nuisance
10
1 11 8R
ctM N0112f'g=
I
&17.27C(sOp10H SUDMARYRPT SUMMARY OF ALL REQUESTS RECEIVED 1-10
PAGE 3R
11/24/92 FROM 04/01/90 TO 11/24/92
BY DIVISION AND TYPE
VOIDED ACTIVE CLOS-56
CODE DIVISION NAME REQUEST CODE/DESCRIPTION TOTAL REQST REQST REQS
5040 Speeding 1 1
-------------------- ----- ----- ----- -----
DIVISION TOTALS 25 2 2 21
164 Fire Prevention
1 3010 Miscellaneous 1 1
-------------------- ----- ----- ----- -----
R
DIVISION TOTALS 1 0 0 1
171 Engineering
1515 Grading/Fill Problems
2
1 1
2010 Drainage Problems
8
1 7
2020 Erosion/Sediment Control
9 3
6
2025 Miscellaneous
5
5
2030 Recycling Program Chg/Com
4
4
ki
2035 Speed Limit Changes
2
1
2045 New Traffic Signs
15
2 13
5035 Public Nuisance
1
1
5515 Miscellaneous
-------------------- -----
3
-----
3
----- -----
a
DIVISION TOTALS 55 3 5 47
172 Public Works
2010
Drainage Problems
3
3
5505
Drinking Water Quality
•12
12
5510
Low Water Pressure
7
7
5515
Miscellaneous
46
2 1 43
5520 Pot Holes
53
1 52
5525
Sanitary Sewer Problems
12
12
5530
Traffic Sign Maintenance
6
6
5535
Traffic Signal Maintenanc
1
1
5540
Water Meter Repair
5
5
5545
Watermain Breaks
9
elm 0 25'92 9
DIVISION TOTALS
--------------------
--------------------------------
TOTAL NUMBER OF COMPLAINTS LISTED
R
i
154 3
---I--- ------
764 16
1 150
42 706
W. %(N 25,92
&17.27C(sOp10H TICKSUMM
LIST OF ALL TICK'S IN
SYSTEM
I-1 0
PAGE 1R
11/24/92
FROM 04/01/90 TO 11/24/928
171 -RECYCLING
436
703
1,139
# OF CALLS IN
TOTAL Q'
ITEM BEING COUNTED
DIV## TOPIC
AM
PM
OF CALLS
81
156
237
R
----------------------------------------
R
--------------
-------------
WATERING RESTRICTIONS
--------
REQUEST FOR CITY CODE
102 -CITY CODE
15
11
26
YARD WASTE QUESTIONS
171 -YARD WASTE
ASKING WHERE TO GET DRIVE LIC.
102 -DRIVER LIC
79
33
112
R
LICENSE APPLICATIONS SENT
102 -LICENSE
16
3
19
PEDDLER COMPLAINTS
102 -PEDDLER
2
16
18
R
Restrictions on # of cars??
120-# Cars/lot
2
10
12
UESTIONS ABOUT FENCE CONST
k
120 -FENCES
27
23
5
Questions/Complaints re: RV's
120 -RV's July+
24
12
36
ZONING OF A PROPERTY
120 -ZONING
170
131
301
R
MUSIC IN PLYMOUTH
123-MUSIC/PLYM
93
223
316
R
PICNIC FACILITY RESERVATIONS
123 -PICNIC RES
47
48
95
R
EVENING T -BALL REQUESTS
123 -T -BALL
16
27
43
FINAL BILLING
130 -FINAL BILL
36
50
86
SALES TAX ON STREET LIGHTS
130 -SALES TAX
2
8
10
GENERAL UTILITY BILL INQUIRY
130 -UTILITIES
34
43
77
WATER QUALITY TESTING .44 FEE
130 -WATER QUAL
2
7
9
HIGH WATER USAGE ON BILL
130 -WATER USE
17
24
41
PENDING SPECIAL ASSESSMENTS
171-ASSMTS
266
206
472
FLOOD ZONE CLASSIFICATIONS 171 -FLOOD ZONE 110 98 20
8
OIL RECYCLING QUESTIONS
171 -OIL RECYCL
0
1
1
GENERAL RECYCLING QUESTIONS
171 -RECYCLING
436
703
1,139
1
SPECIAL COLLECTION QUESTIONS
171 -SP COLLECT
81
156
237
R
WATERING RESTRICTIONS
171-WTR RESTR
22
49
71
R
YARD WASTE QUESTIONS
171 -YARD WASTE
366
702
1,070
CIM Nav
25'92
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESO
DATE: November 23, 1992
TO: Frank Boyles - Acting City Manager
i
FRO Craig C. Gerdes - Public Safety Directo
SUBJECT: SANTA ANONYMOUS
55447
Once again, the Plymouth Department of Public Safety is
participating in the Santa Anonymous program during the 1992/93
holiday season. Investigator Bill Hanvik, for a:number of years,
has been coordinating this project and once again has taken on
that responsibility.
The clerical staff, who also participate in receiving the toys
from citizens, approached me with the idea of giving a small gift
back to each person who takes the time from their busy schedule
to deliver a toy for Santa Anonymous. I am excited about, and
have approved, their idea of giving a small candy cane with a
simple "Happy Holidays" greeting attached thereto, which were
prepared by the clerical staff.
It is my pleasure to be a part of an organization that takes the
appropriate time to support programs involving care and giving to
others.
CCG/sb
cc: Detective William Hanvik
Judy Gooden - Sr. Clerk Typist
Cihz NOV 2'-'92
I
Clfd NOV 25'92
ROBERT L. CROSBY
LEONARD M. ADDINGTON
ROBERT R. BARTH
N. WALTER GRAFF
ALLEY D. BARNARD
RICHARD A. PETERSON
ROBERT J. CRRISTIANSON,JR
FRANK J. IPALZ
FRANK VOGL
MARINUS W. VAN PUTTEN, JR.
DAVID B. MORSE
JOHN A.BuRToN,JR.
JAMES C. DIRACLES
ROBERT L.MELLER,JR.
SCOTT D. ELLER
BEST & FLANAGAN
ATTORNEYS AT LAw
CHARLES C.BERQUIST
GEORGE O. LUDCKE
E.JOSEPR LAFAVE
GREGORY D. SOULE
CATHY E. GOBLIN
PATRICK B. HENNESSY
TIMOTHY A. SULLIVAN
TAMMY L. PUST
BRIAN F. RICE
TRACY J. VAN STEENBURGH
DAVID J. ZUBKE
STEVEN R.KRUGER
JAMES P. MICHELS
PAUL E. KAMINSKI
3500 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS MN 55402-2113
TELEPHONE 16121 339-7121
TELECOPIER 16121 339-5697
November 20, 1992
Frank Boyles
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Willis accrued vacation
Dear Frank:
\\--tu
DANIEL R. W. NELSON
CINDY J. LARSON
JOHN P. BOYLE
ROSS C. FORMELL
CARYN SCHERB GLOVER
SARAH S. GODFREY
MARY E. SHEAREN
CATHERINE J. COURTNEY
KEITH J. NELSEN
TRACY F. KOCHENDORFER
JEANNICE M.REDING
SABAH CRIPPEN MADISON
ROBERT D. MAHER
DAVID H.JOHNSON
WILLIAM J. MORRIS
Z-1 A..
OF COUNSEL
JOHN R. CARROLL
JAMES D. OLSON,
ROBERT M. SKARE
ARCHIBALD SPENCER
CHARLES S. BELLOWS
WARD B. LEWIS
JAMES I. BEST
1802.1866
ROBERT J. FLA_xAGAN
1886.1874
Please find enclosed a copy of the correspondence from
the attorney for Jim Willis to the Attorney General in support of
Willis' position that he is entitled to be paid for his accrued
vacation.
I deem it unnecessary to respond to this correspondence.
This letter makes clear that, at best, this is an extremely murky
area of statutory construction. I recommend that we do nothing
further relative to this matter, and simply await the opinion of
the attorney general and respond at that time. Please let me know
if you wish any further or different action.
ur ery truly,
er L. Meller, r.
RLM:rlb/0240k
Enclosure
cc: Mayor and Councilpersons
NOV 2L Qr1f?r
F aT�,•�
CIM NOV 25'92
Mr. Kenneth E. Raschke, Jr.
Assistant Attorney General
525 Park Street,*Suite 200
St. Paul, Minnesota 55103-2106
RE: City of Plymouth/Salary Limitation Issue
Dear Mr. Raschke:
This firm represents James Willis, the former City Manager of the City
of Plymouth. This letter is written in regard to the City of
Plymouth's request for an attorney general's opinion interpreting
Minn. Stat. §43A.17 subd:l, which defines "salary" for purposes of the
remaining subdivisions of §43A.17. In particular, the City of '
Plymouth has requested an opinion concerning the definition of the
term "salary" and its impact upon the payment of accrued but unused
vacation time to Mr. Willis.
We respectfully request that in considering the issue of classifying
accrued, unused vacation pay, you consider the following, and 1
determine that accrued, unused vacation is not within the definition
of "salary" for purposes of §43A.17. We submit that accrued, unused
vacation is not "salary" or "any lump sum payments" but rather,lshould
be classified either as a "payment due to overtime worked," or "other
payments related to the hours or conditions under which work is'
performed."
Minn. Stat. §43A.17 provides:
As used in subdivisions 1 to 9, "salary" means hourly, monthly, or
annual rate of pay including.any lump sum payments . . , but
excluding payments due to overtime work, . . . or other payments
related to the hours or conditions under which work is performed.
eiM NOV 25'92
LARKIN. HOFFMAN. DALY & LINDGREN. LTD.
PAUL B'PLUNKETT
JAMES P. LARKIN
ALAN L. KILOOW
ROBCWT L NOFF MAN
KATHLEEN M, NEWMAN
IS.
JACK K DALY
ATTORNEYS AT LAW
MICHAELLCUARON
O. KENNETH LINDGREN
GREGORY E. KORSTAO
GERALD H, iR1E0Ell
GARY A. VAN CLCVE•
ALLAN C. MULLIGAN
DANIEL L. •OWLES
JAMES C ERIC KSON
EDWARD J, DRISCOLL
1500 NORWEST FINANCIAL CENTER
TODD M. VLATKOVICH ,
TIMOTHY J. MCMANUS
GENE N. FULLER
JOHN O. FULLMER
7900 XERXES AVENUE SOUTH
TIMOTHY J. KEANE
ROBERT C. BOYLE
DONNA L. ROBACK
FRANKI.HARVEY
BLOOMINGTON. MINNESOTA 55431
MICHAEL W. SCHLEY
CHARLES S. MOOELL
MICHAEL A. ROBERTSON
CHRISPHER J. DIETZEN
TO
TELEPHONE 16121 835-3900
LISA A. GRAY
JOHN W BCATTIE
GARY A. RENNEKE
LINDA N. FISHER
- FAX 16121 8963333
SHANNON K. MCCAMBWIDGE
CHRISTOPHER J. IIARRISTMAL
THOMAS P STOLTMAN
WILLIAM C. GRIFFITH. JR.
MICHAEL C. JACKMAN
JOHN J. STEFFENHAGEN
JOHN E. DIEHL
DANIEL W. VOSS
JON S SWIERIEWSKI
MARK A. RURIK
THOMAS J. FLYNN
N
JOHR. HILL
JAMES P. OUINN
JAMES K. MARTIN
TODD 1. FREEMAN
THOMAS J. SEYMOUR
PETER K, BECK
MICHAEL J. SMITH
JEROME N. KAHNKE
FREDERICK K. HAUSER 111
SHERRILL R OMAN
GOS
ERALDL SECK
^
.I^`; O 1992
MARYE..
JOHN B. LUNOOUIST
II��IJV o 1•Jv
MA
LARRY D. MARTIN
DAYLENOLAN CILIBERTO•
THOMAS B.HUMPHREY. JR.
MICHAEL T. MCKIM
OF COUNSEL
JOHN A. COTTER.
WENDELL R. ANDERSON
41CATRICE A. ROTHWEILER
JOSEPH GITIS
RICHARD A. NORDBYE
-ALSO ADMITTED IN
November 16,
1992
WISCONSIN
Mr. Kenneth E. Raschke, Jr.
Assistant Attorney General
525 Park Street,*Suite 200
St. Paul, Minnesota 55103-2106
RE: City of Plymouth/Salary Limitation Issue
Dear Mr. Raschke:
This firm represents James Willis, the former City Manager of the City
of Plymouth. This letter is written in regard to the City of
Plymouth's request for an attorney general's opinion interpreting
Minn. Stat. §43A.17 subd:l, which defines "salary" for purposes of the
remaining subdivisions of §43A.17. In particular, the City of '
Plymouth has requested an opinion concerning the definition of the
term "salary" and its impact upon the payment of accrued but unused
vacation time to Mr. Willis.
We respectfully request that in considering the issue of classifying
accrued, unused vacation pay, you consider the following, and 1
determine that accrued, unused vacation is not within the definition
of "salary" for purposes of §43A.17. We submit that accrued, unused
vacation is not "salary" or "any lump sum payments" but rather,lshould
be classified either as a "payment due to overtime worked," or "other
payments related to the hours or conditions under which work is'
performed."
Minn. Stat. §43A.17 provides:
As used in subdivisions 1 to 9, "salary" means hourly, monthly, or
annual rate of pay including.any lump sum payments . . , but
excluding payments due to overtime work, . . . or other payments
related to the hours or conditions under which work is performed.
eiM NOV 25'92
Mr. Kenneth E. Raschke, Jr.
November 16, 1992
Page 2
By its nature, vacation pay is provided as a benefit to employees
rather than part of their salary. The purpose of vacation pay is to
allow employees to take time off from the job without loss of salary.
Thus, for example for an individual like Mr. Willis, whose salary at'
the City Plymouth was $86,800 plus vacation benefits. Under the
City's vacation plan, Mr. Willis would be entitled to take a certain
amount off per year from work. The employee would have deducted from
his salary an amount which corresponds to amount of time the
individual was out on vacation. The amount that is deducted would'
then be replaced by vacation pay. Thus, under.the vacation pay plan,
the employee would receive $86,800 even if the employee took the full
amount of vacation provided by the employer.
A problem arises however, when the employee cannot utilize the
vacation benefit. At that point, the employee receives.his/her full
salary and the vacation benefit is utilized as a substitute for salary
because the individual has not taken time off from work. In effect,
the employee has worked more time than is actually required under the
employment contract. While continuing to work in lieu of taking time
off for vacation is not "overtime" in the classical sense as the term
is defined by wage and hour statutes, accrued, but unused vacation is
in effect "overtime" pay because the individual continued to work when
he could have taken vacation as allowed by the City. Thus, under this
scenario, accrued, unused vacation is "overtime" pay.
Under another scenario, it could be argued that accrued, unused
vacation is "other payments related to the hours or conditions under
which work is performed." The argument for classifying accrued,
unused vacation within this exception to salary is similar to that of
the "overtime" exception. In effect, the accrued vacation would be an
other payment due to the fact that the payment of accrued unused
vacation concerns hours which the individual should have taken off
from work but instead stayed on the job.
The language and limitations of Minn. Stat. Ch. 43A.17 concerning
"other lump sum payments" does not logically include vacation
benefits, even if those vacation benefits are not able to be utilized
while the individual is employed and are paid out in cash after
employment ends. The term "lump sum payments" logically means cash
payments in the nature of a bonus or otherwise. The statute in
subdivision 9 specifically points out those items which should be
included in lump sum payments such as "deferred compensation" and
"payroll allocations to purchase an individual annuity contract". If
the legislature determined to include vacation benefits in salary it
would have specifically referred to vacation benefits, as it did in
referring to deferred compensation and annuity contracts. Its failure
creates the obvious inference that it did not intend to do so.
cu'A a 25'92
Mr. Kenneth E. Raschke, Jr.
November 16, 1992 '
Page 3
When read together'subdivision 1 language concerning "lump sum
payments" and subdivision 9 language concerning "deferred compensation
of payroll allocations to purchase an individual annuity contract"
provide the sole additions to the annual rate pay language in defining
salary.
Further, the statutory section sets.the maximum salary of a public
employee at 95%- of -the salary of the governor. Surely, the governor
also has vacation benefits in addition to his salary -
If you have any questions, please do not hesitate to call me at
896-3275.
A.Sn;rely yours,
Dayle .Nolan, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
mkb i
CC: James Willis`
Robert Meller:
JKM:GPls
9
CIM Nov 25'92
BEST & FLANAGAN
November 18, 1992
Mr. John Lewman
Towle Company
330 2nd Avenue South
Minneapolis, MN 55401
RE: 15700 - 36th Ave. North, Plymouth
Dear John:
i tA. wll�
I-1210.
DANIEL R. W. NELSON
CINDY J. LARSON
JOHN P. BOYLE
Ross C. FoRMELL
CARYN ScHERB GLOVER
SARAH S.GoDFREY
MARY E.SHEAEEX
CATHERINE J. CouRTxzY
KEITH J. NELSEN
TRACY F. KoCHENDORPER
JEANI:IcE M.REDING
SARAH CBIPPEN MADISON
ROBERT D. MASER
DAVID H.JoHNsoN
OF COUNSEL
JOHN R.CARROLL
JAMES D. OLSON
ROBERT M. SHARE
ARCHIBALD SPENCER
CHARLES S. BELLOWS
WARD B. LEWIS
JAMES 1. BEST
1002.1Q"
ROBERT J. FLANAoAN
SOM-1974
Enclosed please find proposed closing statement and closing
documents for your review. We would like to set the closing for
9:00 a.m., December 3, 1992 at the City Hall in the City of
Plymouth.
Please call me to confirm the closing date.
Thank you.
Very truly yours,
MARI W. VAN PUTTEN, JR.
MVP: mmf
Enc:
(/cc: Frank Boyles
art NOV 25'92
ATTORNEYS AT LAW
ROBERT L. CROSBY
CHARLES C.BERQUIST
3500 IDS CENTER
LEONARD M. ADDINGTON
GEORGE O. LUDCRE
ROBERT R.BARTH
E.JOSEPS LAFAVE
80 SOUTH 8TH STREET
N.NVALTER GRAFF
GREGORY D. SOULE
ALLEN D. BARNARD
CATHY E. GoRLIN
MINNEAPOLIS MIC 55402-2U3
RICHARD A. PETERSON
PATRICK B. HENNESSY
ROBERT J. CHRIsTIANsoN,JR.
TIMoTHYA.SuLLIvAN
TELEPHONE (612) 338-7121
FRANK J. WALZ
TAMMT L. PUST
FRANK VOGL
MARINUS W. VAN PUTTEN, JR -
BRIAN F. RICE
TRACY J. VAN STEENBUROH
TELECOPIER )612) 338-5867
DAVID B. MORSE
DAVID J. ZUBKE
JOHN A.BUETON, JR.
STEVEN R.KRUGER
JAMES C. DIRACLES
JAMES P. MICHELS
ROBERT L.MELLEE,JR.
PAUL E.KAMINsKI
SCOTT D. ELLER
November 18, 1992
Mr. John Lewman
Towle Company
330 2nd Avenue South
Minneapolis, MN 55401
RE: 15700 - 36th Ave. North, Plymouth
Dear John:
i tA. wll�
I-1210.
DANIEL R. W. NELSON
CINDY J. LARSON
JOHN P. BOYLE
Ross C. FoRMELL
CARYN ScHERB GLOVER
SARAH S.GoDFREY
MARY E.SHEAEEX
CATHERINE J. CouRTxzY
KEITH J. NELSEN
TRACY F. KoCHENDORPER
JEANI:IcE M.REDING
SARAH CBIPPEN MADISON
ROBERT D. MASER
DAVID H.JoHNsoN
OF COUNSEL
JOHN R.CARROLL
JAMES D. OLSON
ROBERT M. SHARE
ARCHIBALD SPENCER
CHARLES S. BELLOWS
WARD B. LEWIS
JAMES 1. BEST
1002.1Q"
ROBERT J. FLANAoAN
SOM-1974
Enclosed please find proposed closing statement and closing
documents for your review. We would like to set the closing for
9:00 a.m., December 3, 1992 at the City Hall in the City of
Plymouth.
Please call me to confirm the closing date.
Thank you.
Very truly yours,
MARI W. VAN PUTTEN, JR.
MVP: mmf
Enc:
(/cc: Frank Boyles
art NOV 25'92
SHINGLE CREEK WATERSHED
MANAGEMENT COMMISSION
3030 Harbor Lane • Plymouth, MN 55447
(612) 553-1144
November 18, 1992
City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Sir/Madam:
The Shingle Creek and West Mississippi Watershed Management Commissions have received
the final draft of the Hennepin County Groundwater Plan prepared and submitted by the Hennepin
Conservation District. A copy of this plan was also to have been sent to the City of Brooklyn Center.
Comments from Cities and the Watershed Management Commissions regarding the
Groundwater Plan are being received by the Conservation District during a 60 -day review period
ending Monday, December 7. This is a lengthy document that we feel cannot be adequately
reviewed and comments generated within this time period. Several Hennepin County
municipalities have estimated that the implementation cost for the programs proposed in this plan
could be in the $100,000 to $200,000 range. We are requesting that your municipality respond to the
Hennepin Conservation District by requesting a minimum time extension of at least 60 days
enabling your City staff to work with the Watershed Management Commission staff in preparing
a joint response to the plan requirements. A sample (draft) letter to the Hennepin Conservation
District has been prepared and is attached for your reference.
We are hopeful that your City Council will support this extension request and look forward to
working with the City in preparing a joint response to this document. All of the municipalities
within the Watershed are being contacted regarding this issue. If you have any questions or
request additional information, please contact Curt Pearson, the Commission legal advisor at 338-
4200, or Dale Claridge, the Commission engineer at 473-4224.
Sincerely,
JAMES M. MONTGOMERY,
CONSULTING ENGINEERS, INC.
Engineers for the Commission
Dale Claridge, P.E.
1.1
cc: Fred Moore
CIV, NOV 25'92
I �L
1-12C.�
LAW OFFICES
WORST, PEARSON, LARSON, UNDERWOOD & M ERTZ
A PAIRTN[AiNIP INCLUDING •NOrCff-ONAL ASSOCIATIONS
ONE FINANCIAL PLAZA. SUITE 1100
120 SOUTH SIXTH STREET
A. THOMAS WORST. P.A MINNEAPOLIS, MINNESOTA 55402-1803 TELEPHONE
CURTIS A PEARSON. P.A. (6121 336.4200
JAMES D. LARSON. P.A.
FAX NUMBER
THOMAS F. UNDERWOOD. P.A
(612) 336.2623
CRAIG M. MERTZ November 18, 1992
ROGER J. FELLOWS
Mr. David Anderson
Chairman
Hennepin Conservation District
205 Ridge Plaza Building
12450 Wayzata Boulevard
Minnetonka MN 55343
Re: Hennepin County Groundwater Plan
Dear Mr. Anderson:
We enclose herewith copies of resolutions adopted by the Shingle
Creek and West Mississippi Watershed Management Commissions. We
sincerely hope that your organization will comply with the requests set
forth in the resolutions to extend the period of time for review.
Technicians from many of the major watersheds in Hennepin County as well as
planning staffs are mobilizing to study and review the plan. The
Commissions feel that there will be a much better product if sufficient time
is allowed for study.
The Commissions are also asking BWSR and the member cities of our
watersheds to request of you that the review time be extended. We
sincerely hope you can accommodate this request.
Sincerelyr
Curtis A. P arson
Attorneyr Shingle Creek and
West Mississippi Watershed
Management Commissions
CAP:lh
Enclosures
cc: Hennepin County Commissioners
Hennepin County Commissioners -Elect
Board of Water and Soil Resources
Managers/Clerks of Member Cities
01M NOV 25
T.- M r .
RESOLUTION NO. 92-3
A RESOLUTION REQUESTING THAT THE HENNEPIN CONSERVATION
DISTRICT EXTEND THE FORMAL REVIEW TIME FOR THE HENNEPIN
COUNTY GROUNDWATER PLAN
WHEREAS, pursuant to Minnesota Statutes, Hennepin County
Commissioners authorized and directed the Hennepin Conservation District
to prepare a groundwater plan, and
WHEREAS, a plan has been prepared which is extremely complex and
detailed, and said plan in limited numbers was transmitted to various
personnel in May of 1992, and
WHEREAS, by letter dated October 7, 1992, David Anderson, Chairman
of the Hennepin Conservation District, submitted to the watershed
management organizations and cities in Hennepin County the plan for formal
review and approval, and
WHEREAS, pursuant to the letter of October 7, the cities and
watershed management organizations had 60 days to review and comment on the
groundwater plan, and the Shingle Creek Watershed Management Commission
met on November 12, 1992, at a regular meeting and at that time discussed the
serious ramifications of the groundwater plan, and
WHEREAS, the summary of the plan accompanied the letter of October
7 and made reference to a revised Chapter 4 and further asked that the review
then take place based on the plan submitted May 22 with the revised Chapter 4
which accompanied the letter of October 7, and
WHEREAS, the Commissioners of this Watershed Management
Commission are in basic agreement that a groundwater plan is necessary and
do not wish to be viewed as being in opposition to the plan, but strongly
feel that additional time is necessary to study the complexities and the
many ramifications of the proposal submitted, and
WHEREAS, inadequate time exists for the Commission to study and
review or comment on the plan in detail prior to the December 7 date, and
WHEREAS, technical advisers to the Watershed Management
Commission are meeting with technical advisers from other watershed
management organizations in Hennepin County, and representatives of this
Commission have volunteered their time to meet with planning departments
from various cities who are studying that segment of the plan, and
WHEREAS, the technical advisers, planners, and others must work
this review process in with their other duties, and it is impossible to drop
what they are doing and spend full time on this review, and.
C1,14 NOV 25'92
s -rat.
WHEREAS, this Commission strongly feels that additional time for
study will result in a better plan because the cities and watershed
management organizations will have had an opportunity to correct
deficiencies or comment on various parts of the plan, and the end result
after the technical advisers and other City personnel have conducted their
studies will result in a better product,
NOW, THEREFORE, BE IT RESOLVED By the Shingle Creek Watershed
Management Commission, as follows:
1. This Resolution shall be sent to David Anderson, Chairman
of the Hennepin Conservation District, requesting that the formal review
time for the Hennepin County Groundwater Plan prepared under Minnesota
Statutes Section 103B.255 be deferred for at least an additional 60 days.
2. This Commission believes that the review time for such an
important matter and with so much detailed information is insufficient and
that an extension of the review time is justified in an effort to obtain a
better and more workable plan which is understood by the municipalities and
the watershed management organizations, who will have much of the
responsibility for administering and implementing the plan.
3. A copy of this Resolution shall be submitted to each of the
County Commissioners and to each County Commissioner -Elect, requesting
their aid and assistance with the Hennepin Conservation District in
obtaining a reasonable review time. It is the strong belief of this
Commission that the review time should be extended for a minimum of 60 days
to allow technical advisers, planners, and other personnel to study and
comment on the plan details.
4. A copy shall be sent to the City Manager or City Clerk of
each member municipality and the Commission requests that each City contact
the Hennepin Conservation District and request an extension of the review
time.
The motion for the adoption of the foregoing Resolution was moved
by Commissioner Moore and seconded by Commissioner Hagen, and upon vote
being taken, the following voted in favor thereof:
Commissioners Knapp, Larson, Monk, Butcher, Hanson, Moore, and Hagen
and the following voted against the same:
None
whereupon said resolution was declared duly passed and adopted, this 12th
day of November, 1992.
/s/ Fred Moore
Chairman
Attest
/s/ Gerry Butctie _
Secretary
cte. a 25'92
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am NW
Walter B. Roberts, Jr.
1299 Black Oaks Ct.
Plymouth, MN 55447
612 475-2072
Frank Boyles Nov 23, 1992
Acting City Manager
City Of Plymouth
Dear Mr. Boyles,
This is a note to update you on progress in eradicating our beaver problem on
Gleason Lake that has cost the loss of 70 trees.
S- I0Ae.
First I want to thank you for acting on our request for permission on restricted shooting
of beaver here. To date we have done no shooting because the beaver have gone to
a late nite schedule, and we have not seen them at dusk or dawn for the last few
weeks.
I want to especially thank you and your associates for hiring Rick Johnson, the trapper.
The good news is he has trapped five beaver in the last eight days --- two of these
weighed 70-75 pounds! Hopefully he has put a real dent in the population, but I
suspect there may be a bunch of pups still left. He thinks he may have located the
entrance to their lodge, and is now setting traps in that area.
Real winter weather is forecast for later this week and will put an end to trapping
until spring. I am hoping you will authorize Rick to return in the spring and continue
trapping until we are certain we have them out of here. In recent years we thought
we had cleaned them out -- how wrong can you get.
Sincerely,
LAJ
Copies to: Craig Gerdes
Dennis Paulson
Tom Saba
Tom Vetch
Dick Hume -- Gleason Townhouse Assoc
Tony Yezzi
Pete Bergerson
Rick Johnson
CIM NOV 25'O'p
' �n STATE
T A T E OF
D
lJ �J
•
DEPARTMENT OF NATURAL RESOURCES;
PHONE METRO REGION FISHERIES, 1200 WARNER RD., ST. PAUL, MN 5€W&.
(612) 772-7955
November 16, 1992
Mr. Eric Blank
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447 `
Dear Mr. Blank,
This letter is to inform you that your proposal for a fishing pier at Parkers and Medicine
Lakes did not receive funding from our 1994 fiscal year budget cycle. With your
approval, I will re -submit your requests with the next budgetary cycle that would make
the piers available in calendar year 1994, if chosen.
s
If you have questions, contact me at once.
Sincerely,
Gerald J. Johnson
Regional Project Coordinator
Mn DNR -Fisheries
ClM K(Y 25'92
AN EQUAL OPPORTUNITY EMPLOYER
November 17, 1992
CITY OF
PLYMOUTR
Donald Marth, Cub Activities Chair
Pathfinder District
4133 Flag Ave N
New Hope, MN 55427
Dear Mr. Marth:
I have received your letter asking that the ice fishing derby you
are sponsoring on Medicine Lake be changed from Sunday, January
31, to to da ar 23, 1993. This is not a problem at all,
so go ahead and make your plans to hold your event on that date
instead.
As previously requested, please remove all debris from the ice in
the area of your contest once the event has concluded.
Once again, good luck with the derby, and if I can be of further
assistance to you, please call me at 550-5131.
Sincerely,
Eric J. Blank, Director
Parks and Recreation
EJB/np
cc: Asst. City Manager
Superintendent of Parks
Risk Management Coordinator
Director of Public Safety
cih` NOU 25'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
z-►a�.
o C
PpSC�_JNED
i
NOV 20 1592
— SCHOELL & Mx A0801Y, mc. CITY OF PLYMOUTH
ENGINEERS • SURVEYORS • PLANNERS rQMMUNITY DEVELOPMENT DEPT.
SOIL TESTING • ENVIRONMENTAL SERVICES
10580 WAYZATA BOULEVARD • MINNETONKA. MN 55305-1525
1612] 546-7601 0 FAX 1612] 54B ]065
City of Plymouth
c/o Mr. Charles E. Dillerud
3400 Plymouth Blvd.
Plymouth, MN 55447
Subject:
Dear Mr. Dillerud:
November 19, 1992
Lots 2 and 14
Wood Pointe Estates Access
Concerning the above named lots, I wish to inform you that
we have sold Lot 14, and have conveyed title to J. Paul Sterns &
Co., Inc. They are a builder and were in the process of
obtaining a building permit for the site. The house is sold to a
party named Dr. Nelson, as I understand.
The house plan that has been submitted for our approval does
show access off the west side of the lot on to Sunset Trail.
Although the purchase agreement did not condition the sale on*
access off of Sunset, it clearly was their intent and
understanding that they had the right to access off of Sunset
Trail. The action by the City Council on 21 September 1992,
wherein resolution 92-557 was approved, did allow access off of
Sunset Trail.
We initiated the request for this change in a letter dated
30 July 1992. All of the reasons stated in our letter are still
valid and true. We proceeded and subsequently sold the lot.; The
new owners, as I understand, did rely on the Council action taken
21 September 1992, which allowed access off Sunset. I am not
aware of any procedural problems since this action did not
require a public hearing, to my knowledge.
AFFIRMATIVE ACTION • EOUAL OPPORTUNITY EMPLOYER cm NOU 25,92
e
City of Plymouth
SCHOELL & MADSON, INC.
2 November 19, 1992
I was puzzled as to why there was opposition that recently
surfaced. One of the residents in the area informed me that an
adjacent neighbor would prefer to see Lot 14 stay vacant, and
that this procedure might cause that to happen. I can only
respond by saying that Lot 14 is one of the nicest building sites
in the subdivision, and that it will be built on whether access
is off of Sunset or the easement to the north. The Nelson house
plan is beautiful and is truly an asset to the entire
neighborhood.
We will be in atLenadan^e on 30,.h�x��lt�i:er 1992, but since the
lot is sold, we are not certain of ur role., Please advise as to
questions.
Sincerely yours,
SCHOELL & MADSON, INC.
• \y r�j '
Jame' R. Orr
c7
/
JRO ' -- -
cc: J. Paul Sterns & Co.
elm
911,yACMiq„
of y��e
p �W
L
9� OEVC�
Frank Boyles
Acting City Manager
City Hall
3400 Plymouth Boulevard
Plymouth, MN, 55447
Dear Mr. Boyles:
A '
U.B. Dopartnwrit of Housing and Urban Dsyslopmsnt
Minneapolis -St Paul Office, Region V
220 Second Street, South
Minneapolis, Minnesota 55401-2195 1�
SUBJECT: On -Site Monitoring
Community Development Block Grant (CDBG) Program
B -92 -MC -27-0009
Plymouth, Minnesota
This letter is to confirm a conversation with Chuck
Dillerud, of the Plymouth Department of Planning and Community
Development. December 7, 1992, was established as the starting
date for monitoring portions of Plymouth's Community Development
Block Grant (CDBG) Program. John Swanson of my staff will be
conducting this review.
The sample mon�.toring will examine Plymouth's management of
various aspects of its program:
° Citizen participation in the CDBG program; s
Eligibility of funded activities;
° Compliance with one of the program's national objectives;
° Rehabilitation program design;
° Rehabilitation cost reasonableness; and
° "One-for-one" replacement housing.
The monitoring will consist of conversations with involved
staff and program beneficiaries, reviews of project files, a tour
of project.areas and inspections of completed work.
You may like to meet with Mr. Swanson, or you may have 'some
questions regarding the monitoring trip. If so, please feel free
to contact him at 370-3022.
very sincerely yours,
homas T. Feeney
anager, S
cc:
Chuck Dillerud :f\
Milt Dale
V)
CIM (SOU 2.5 �%:�
November 4, 1992
Mrs. Mary Anderson, Chair
Metropolitan Council
Mears Park Centre
230 East 5th Street
St. Paul, MN 55101
CIN OF
PLYMOUTFF
SUBJECT: AMENDMENT TO THE PARK AND TRAIL ELEMENT OF THE COMPREHENSIVE PLAN
Dear Mrs. Anderson:
Herewith, please find the prescribed forms and the supporting documentation
relating to the captioned action approved by the City Council of the City of
Plymouth, subject to approval by the Metropolitan Council. The Minor
Amendment includes the deletion, modification and addition of trail corridors
in the City of Plymouth.
We sincerely appreciate the cooperation of your staff in processing this Minor
Amendment. Questions regarding this may be directed to myself at 550-5059.
Since ly,
Char es E. Dillerud
Community Development Director
cc: Ken Kunzman
Frank Boyles,
File
(pl/jk/park.cpa)
Acting City Manager
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 1 CIM NOV 2 c.
INFORMATION SUBMISSION FOR
MINOR COMPREHENSIVE PLAN AMENDMENTS
This summary worksheet must be filled out and submitted to the Metropolitan
Council with a copy of each proposed minor comprehensive plan amendment.
Minor amendments include but are not limited to:
1. Changes to the future land use plan where the affected area is small
or where the proposed future land use will result in minor changes in
metropolitan service demand,
2. Changes (land trades or additions) in the urban service area
involving less than 40 acres,
3. Minor changes to plan goals and policies that do not change the
overall thrust of the comprehensive plan.
Please be as specific as possible; attach additional explanatory materials if
necessary. If a staff report was prepared for the Planning Commission or City
Council, please attach it as well. Communities submitting regular plan
amendments may wish to enter this form or a reasonable facsimile into their
word processing menu for ease in preparation of the form.
I. GENERAL INFORMATION
A. Sponsoring governmental unit City of Plymouth
Name of local contact person Chuck Dillerud
Address 3400 Plymouth Boulevard Plymouth, MN 55447
Telephone 612 550-5050
Name of Preparer if different from contact person John Keho
Date of Preparation November 3, 1992
B. Name of amendment Amendment to the Park and Trail Element of the
Comprehensive Plan
Description Summary Deletion, modification, and addition of Trail
corridors j
C. Please attach the following: `
1. Five copies of the proposed amendment
2. A city-wide map showing the location of the proposed change
3. The current plan map(s), indicating area(s) affected by amendment
(see sample attached)
4. The proposed plan map(s), indicating area(s) affected by
amendment (see sample attached)
CIM NOV 251137
D. What is the official local status of the plan amendment? (Check one
or more as appropriate.)
X Acted upon by Planning Commission (if applicable) on 10-14-02
X Approved by governing body, contingent upon Metropolitan
Council review, on 10-26-92
Considered but not approved by governing body on
Other
E. Indicate what adjacent local governmental units and other
jurisdictions (school districts, watershed districts, etc.) affected
by the change have been sent copies of the plan amendment, if -any,
and the date(s) copies were sent to them.
N/A
II. LAND USE
A. Describe the following, as appropriate:
1. Size of affected area in acres City-wide Trail Plan
2. Existing land uses) N A
3. Proposed land use s) N A
4. Number of residentialdwel ing units involved N A
5. Proposed density N/A
6. Proposed square footage of commercial, industrial or pubes
buildings N/A
III. METROPOLITAN DEVELOPMENT GUIDE
A. Population, Household and Employment Forecasts.
Will the proposed amendment affect the City's population, household,
or employment forecasts for 2000, or any additional local staging
contained in the original plan?
X No/Not Applicable.
Yes. Describe effect.
B. Changes to Urban Service Area Boundary.
Will the proposed amendment require a change to the boundary of the
community's urban service area?
X No/Not Applicable.
Yes. Under I.C., a map should be attached to show the proposed
change.
—2—
CINT NOV 25'92
C. Changes to Timing and Staging of Urban Service Area.
Will the proposed amendment require a change to the timing and
staging of development within the urban service area?
X No/Not Applicable.
Yes. Under I.C., a map should be attached to show the proposed
change.
D. Wastewater Treatment ;
1. Will the proposed amendment result in a change in the projected
sewer flows for the community?
X No/Not Applicable.
Yes. Indicate the expected change.
Total Year 2000/2010 flow for community
based on existing plan million gallons/day
Total Year 2000/2010 flow for community
based on plan amendment million gallons/day.
2. If your community discharges to more than one metropolitan
interceptor, indicate which interceptor will be affected by the
amendment N/A
3. Will flows be diverted from one interceptor service area to
another?
X No/Not Applicable ;
Yes. Indicate the change and volumes (mgd.) involved.
E. Transportation.
1. Will the proposed amendment result in an increase in the trip
generation for the affected area?
X No/Not Applicable.
Yes. Describe effect.
2. Does the proposed amendment contain any changes to the functional
classification of roadways?
X No
Yes. Describe which roadways.
—3—
elm i�CN 2 a y9�
T-raj
F. Aviation.
Will the proposed amendment affect the function of the metropolitan
airport or the compatibility of land uses with aircraft noise?
X No/Not Applicable.
Yes. Describe effect.
G. Recreation Open Space.
1. Will the proposed amendment have an impact on existing or future
federal, state or regional recreational facilities?
X No/Not Applicable.
Yes. Describe effect. See attached maps for trail amendments
H. Housing.
Will the proposed amendment affect the community's ability or intent
to achieve the long-term goals for low- and moderate -income and
modest -cost housing opportunities contained'in the existing plan?
X No/Not Applicable.
Yes. Describe effect.
I. Water Resources
Does the plan amendment affect a wetland?
location on a map.
Yes
X No
Will the wetland be protected?
N/A Yes. Describe how.
No. Describe why not.
If yes, explain and show
Will the plan amendment result in runoff which affects the quality of
any surface water body? If yes, identify which ones.
N/A Yes
No
Will the waterbody be protected?
N/A Yes. Describe how.
No. Explain why not. _
—4—
circ MOV 25'92
` IV. IMPLEMENTATION PROGRAM
4
A. Official Controls.
Will the proposed amendment require a change to zoning, subdivision,
on-site sewer ordinances or other official controls? {
X No/Not Applicable.
Yes. Describe effect.
(pl/jk/park.cpa)
—5— CIM K(N 25'92
To: Mayor Kim Bergman
From: Leroy Reinke
Date: 11/22/92
Subject: Ordinance changes
Sec. 1 The Plymouth City Code, Subsection 600.1, Subd. 3
changes. "Rubbish" According to Websters New World
Dictionary rubbish is "any material rejected or thrown away
as worthless". This seems so simple instead of the long
sentence in the city code. I think it should be up to the
home owner or person living there what is rubbish. It like
the old saying "One mans junk is another mans gold".
Subd. Li. "Yard Waste" means any compostable materials
originating on the property. This would not include an animal
parts or waste.
600.22 Subr 2. The size of the composting structure should
be 10 cubic feet for each 1000 squire feet of lawn space.
This would make sure that people have a structure in
relation to the size of their lawn. Just a suggestion.
Subd 3. Containment Structure Location. Composting
containment structures shall be as far from neighboring
inhabited building as Feasible possible but can be located
as near to the homeowners inhabited building as they desire.
Subd `i. Material allowed in the containment structure.
Only material suitably for composting originating on the
property excluding animal parts and waste.
Subd S. Containment Structure Maintenance. Use the wording
as is proposed but only add the next sentences to the
ordinance.
Any drainage coming from the composting pile must stay on the
property that has the compost pile.
Odor coming from the pile that is natural part of
decomposting of the pile is not considered a nuance.
It is the property owners responsible to control all rodents
or insects that originate from the pile
CIM NOV 25'92
-1-11K
Page 2
I feel that we need more education as to proper composting
and also proper lawn mowing. I would like to see articles in
the Plymouth paper on these subjects. I would also like to
see city staff keep track of problems and work with people
on these problems before we put in ordinance we may not need
as well this increases the cost of city government. I don't
like this trying to make all conditions fit into one
ordinance there are many conditions and each must be looked
at separately.
I think the city could help this problem of lawn clipping by
changing the way they charge for water. Water is a '
natural. resource as much as air or iron and etc. The wau 1
think we could do this is like the way we seL cost for
sewage. The amount of water used in winter X 125 : for one
rate and then anything over that amount would be at a higher
rate to discourage lawn watering. I could save the city from
investing in new well. Also discourage commercial property
owners from putting in sprinkling systems.
Thanks for letting me have input into this ordinance.
Your Truly
1"
5
Leroy Reinke
!LHII Co Rd 6
Plymouth din 55't'i7
x
t
i
Girt Nov 251 2.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 24, 1992
TO: Craig Gerdes, Director of Public Safety
Rick Kline, Fire Chief
Dave Burke, Acting Fire Chief
FROM: Laurie Rauenhorst Clerk
SUBJECT: USE OF FIRE STATION III FOR CITY MANAGER INTERVIEWS
Last week I spoke with Public Safety Director Gerdes regarding the use of Fire Station
III on Wednesday, December 2, and Thursday, December 3, for City Manager
candidate interviews. He concurred that due to the number of individuals involved in
the process, the various rooms needed for testing, and the confidentiality of the
candidate names at this point, Fire Station III would work better than the City Center
for the interview process.
Personnel Decisions Inc. (PDI), the consultant, has arranged the various
interview/testing rooms using the following areas:
Large Training Room, Lower Level
Kitchen, Lower Level
Lounge Area, Upper Level
Three Private Offices, Upper Level
Conference Room with dividing door, Upper Level
Weight Room, Upper Level
Restrooms, Both Levels
I would appreciate your help by informing fire officers, firefighters, and police
officers that these* areas will be in use from 7:30 a.m. to 5:30 p.m. on both of these
days. I will send a memo out to City Center employees who use the weight room
letting them know it will not be available during those hours.
I also understand from Jeanette Sobania that the dispatch radio paging system can be
turned off in the training room and conference room inside the building, so fire calls do
GIM NOV 25'92
not disturb the testing. Dave, could you let me know how to do that or arrange to have
it done for those two days?
I appreciate your help! Thank you.
3
cc: Frank Boyles, Acting City Manager
;CIM NW 25'92
Waste Management -Savage
12448 Pennsylvania Avenue South
Savage, Minnesota8
612/
.612/890-1100 •FAX: 612/890-5143
November 23, 1992
Mayor Kim Bergman
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447
Dear Mayor Bergman:
1-1 OX w+,
A Waste Management Company
In the interest of time, I did not speak at your city council
meeting on Monday, November 16, 1992. It has been a pleasure to
serve the City of Plymouth and I look forward to the next three
years. -
Please remember that Waste Management of Minnesota is committed to
providing you, the customer, with the best possible service.' If
you have any questions or need additional information, please do
not hesitate to call me directly.
Thanks again for renewing our contract. The drivers serving your
city look forward to the work in the future and appreciate your
recognition of their past good service.
Sincerely,
WASTE MANAGEMENT OF MINNESOTA -SAVAGE
Mike Berkopec
Division President and General.Manager
cc: Margie Vigoren
Fred Moore
a division of Waste Management of Minnesota, Inc.
our NGV 25,92
JOHN KEEFE g4IN eo PHONE
COMMISSIONER 348-3087
FAX 348-8701
t�NES
BOARD OF HENNEPIN COUNTY COMMISSIONERS
A-2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487-0240
November 23, 1992
Mayor Kim Bergman
City of Plymouth
3400 Plymouth Blvd.
Plymouth MN 55447
Dear Kim:
I certainly will call upon you and the council staff people
for any help and assistance that we need in dealing with
the City of Plymouth's matters. I would much like to,receive
the "Plymouth perspective" and conversely if you have any
matters that should be brought to my attention, please have
you or any of your staff contact me and let me know.
I'll continue to make sure the library is safely secured and
that the Transfer Station is put to rest. ;
Best regards.
Ver truly yours,
ohn �f�
eefe
C milsioner
csm Nov 25'92
s
BEST & FLANAGAN
DANIEL R. W. NELSON
OF COUNSEL
ATTORNEYS AT LAW
RODERT L. CROSBY
CHARLES C.BEROUIST
3500 IDS CENTER
LEONARD M. ADDINGTON
GEORGE O. LUDCKE
CARYN SCRERR GLOVER
ROBERT R.BARTH
E.JOSEPII I.AFAVL
80 SOUTH 8TH STREET
N.KALTER GRAAY
GREOOItY D. SOULE
CATHERINE J. COURTNEY
ALLEN D. BARNARD
CATHY E. GoHLIN
MINNEAPOLIS MN 55402 - 2113
RICHARD A. PETERSON
PATRICK B.H ENNESSY
JEANNICE M.REUINO
ROBERT J. CHRISTIANSON, JR.
TIMOTHY A. SULLIVAN
TELEPHONE (612) 339-7131
FRANK J. WA I.'L
•TAMMY L. PUST
DAVID II.JOHNSON
FRANK VOGL
MARINUS W. VAN PUTTLN, JR.
BRIAN F. Rier
TRACY J. VAN STEENDUROH
TELECOPIER (612) 339-5807
DAVID B. MORSE
DAVID J. 7.UHKE
JOHN A.BUHTON,JR.
STEVEN R.KRUGER
JAMES C. DIaACLEs
JAMES P. MICH ELS
RODENT1.Ea,JR.
PAUL E. KAM1NSEl
Scorr D.. ELLEa
ELLE
November 24, 1992
DANIEL R. W. NELSON
OF COUNSEL
CINDY J. CARSON
JOAN R.CANNoLL
JOHN P. BOYLE
JAMES D. OLSON
Ross C. FoRMELL
RODERT M. SKARE
CARYN SCRERR GLOVER
ARCIIIBALD SPENCER
SARAH S.GOUVREY
CHARLES S. BELLOWS
MANY E.SHEAREN
WARD B. LEWIS
CATHERINE J. COURTNEY
KEITH J. NEISEN
- ---
TRACY F. KOCHKNIIORALR
JEANNICE M.REUINO
JAMES 1. BEST
SARAH CRIPPEN MADISON
mW -low
ROBERT D. MAHER
RODENT J. FLANAGAN
DAVID II.JOHNSON
IBM -1974
WILLIAM J. MORRIS
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Mr. W. J. Cavanaugh
Ms. Jeannine Cavanaugh
2015 Aquila Avenue North
Golden Valley, Minnesota 55427
Dear Mr. and Mrs. Cavanaugh:
On behalf of the City of Plymouth I enclose and notify
you that the City Council of the City of Plymouth on November 16,
1992, adopted the enclosed Resolution No. 92-756 which declares
the land referred to therein to be Surplus and a developable
parcel under City ordinances. Under the Option Agreement referred
in Resolution No. 92-756, you have an option to purchase the
Surplus for ninety (90) days after the date of this letter. Note
that in the event you do not elect to exercise the option under
the Option Agreement, the City reserves the right to use the
property for any purpose.
Very tr ly yours,
Allen D. Barnard
ADB:rys:4223U
Enclosure
cc: Joel Seltz (w/encl)
Thomas B. Humphrey, Jr. (w/encl)
5 Ilk
6
0011 KN 25 tG•A
i
4
-Io'20
CITY OF PLYMOUTH
RESOLUTION NO. 92-756
DECLARING SURPLUS LAND ON ORIGINAL LIBRARY SITE
CITY OF PLYMOUTH, CITY COUNCIL
WHEREAS, on or about April 25, 1991, the City of Plymouth commenced a
condemnation proceeding for acquisition of approximately five (5) acre site in
Plymouth for a Hennepin County library; and
WHEREAS, by Order dated October 11, 1991, the Hennepin County District Court;
the Honorable Kevin S. Bunce presiding, in City of Plymouth v. W J Cavanaugh et
a]., District Court File No. CD 2215, entered its Findings of Fact, Conclusions of Law
and Order Appointing Commissioners which approved in part an option agreement
between the City of Plymouth and W. J. Cavanaugh and Jeannine E. Cavanaugh,
owners of the property which was the subject of the condemnation, legally described as
follows:
That part of the West 491.92 feet of the South 1/2 of the Northwest 1/4 of the
Northwest 1/4 of Section 21, Township 118 North, Range 22 West of the 5th
Principal Meridian lying Northerly of the Northeasterly line of State Highway
No. 55 as acquired under Final Certificate filed as Document No. 2871705,
According to the map or plat thereof, on file and of record in the Office of the
County Recorder for Hennepin County, Minnesota.
Together with any and all streets and alleys adjacent thereto, vacated or to be
vacated, and together with any and all appurtenant easements; and I
WHEREAS, the Option Agreement provides for the determination by the City Council
for the City of Plymouth of any portion of the subject property which is not required
for the library site 'to be declared surplus property; in addition, the City Council is to
determine whether the surplus property is a developable parcel under City ordinances.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA, that:
1. The entire parcel which was subject of the Option Agreement referenced above is
declared to be Surplus property for purposes of the Option Agreement only, and it
constitutes a developable parcel under applicable City ordinances.
it Nov 2510
_ Y
=-�ao
♦ Y
RESOLUTION NO. 92- 756 1�
J
Page 2
2. The City staff or City Attorney is directed to notify W. J. Cavanaugh and Jeannine
E. Cavanaugh that the entire parcel is surplus and that it constitutes a developable
parcel within ten (10) days of the passage of this Resolution. No survey is required
because the entire parcel has been declared to be Surplus.
3. Under the above -referenced Option Agreement, W. J. Cavanaugh and Jeannine E.
Cavanaugh shall have an option to purchase the Surplus for ninety (90) days after
the effective date of this Resolution which constitutes the Notice of City
Determinations required by the above -referenced Option Agreement.
4. In the event that W. J. Cavanaugh and Jeannine E. Cavanaugh do not elect to
exercise the option under the Option Agreement, the City reserves the right to use
the property for any purpose.
Adopted by the City Council on November 16, 1992.
Kim Bergman, Mayor
City of Plymouth
STATE OF MINNESOTA)
COUN'T'Y OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on November 16 , 1992 , with the original
thereof on file in my office, and the same is a correct transcription thereof.
WrP10S my hand officially as such City Clerk and the Corporate seal of the City this
49 —'sem day of ; ln tpaeA. lfl'2-
Wim'a a W
i -M
WEAMR,
cine (SOU 25'92
1
z- �a
MEMO P
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 s
DATE: November 24, 1992
TO: Craig C. Gerdes - Public Safety Director
FROM: Lieutenant Thomas Saba
SUBJECT: BEGIN APPEAL
Sally Godfrey, Best and Flanagan attorney, 339-7121, called me in
regards to her handling of the Begin appeal. She ordered the
Lapanta transcript. She decided to order the transcript to
evaluate the evidence that is on record. After doing so, she was
not very optimistic that the evidence would indicate any mistake
made by the trial court. t
While reviewing the transcript this morning she received word
from Larry Begin's attorney that they were going to appeal the
decision. Begin's attorney .presented a full page listing
numerous issues, including the value of the cars, the fact that
they don't believe they have breached the contract, and the fact
that the cars were taken off of property other than that subject
of the junk yard issue. These, of course, are just a couple of
examples from a page long list.
Ms. Godfrey will be writing our Acting City Manager Frank Boyles
and copying him with the information she received from Begin's
attorney.
The question of whether we should appeal or not is now moot. We
now find ourselves having to defend the appeal, which should be
less expensive than if we would have initiated the appeal
ourselves.
TS/sb
ctna t�0�! 2592
Baseball Tournament
6/26-28 Plymouth/Wayzata Assoc. (Plymouth Creek) $ 220.00
Soccer Rentals
6/15-19 West Suburban Soccer Camp $ 200.00
6/26-28 Plymouth/Wayzata Soccer Club 3,260.00
53,460.00
Miscellaneous
6/14 TCRC Car Club (Plymouth Creek) $ 70.00
10/31 Boy Scout Troop 477 (Plym Creek Bldg) •100.00
e
$ 170.00
TOTAL RENTALS $¢,,568.00
cim NOV 25'92
1992 ATHLETIC FACILITY RENTALS
revised 11/10/92
,
Zachary
Softball
Tournaments
4/25 &
26
Trygs
$ 960.00
5/16 &
17
Honeywell I
600.00
5/22-27
Girls High School Region 6AA
470.00
6/13
Honeywell Employees
300.00
7/11 &
12
Honeywell II
600.00
7/25 &
26
Target
600.00
t
9/4-7
MRPA/USSSA Men's Class C Divisional
1.000.00
$4.530.00
Other Softball
Rentals
7/10
QVC (Plymouth Creek)
$ 102.00
8/6
Burgess Industries (Plymouth Creek)
56.00
8/22
John Sands (Plymouth Creek)
30.00
Baseball Tournament
6/26-28 Plymouth/Wayzata Assoc. (Plymouth Creek) $ 220.00
Soccer Rentals
6/15-19 West Suburban Soccer Camp $ 200.00
6/26-28 Plymouth/Wayzata Soccer Club 3,260.00
53,460.00
Miscellaneous
6/14 TCRC Car Club (Plymouth Creek) $ 70.00
10/31 Boy Scout Troop 477 (Plym Creek Bldg) •100.00
e
$ 170.00
TOTAL RENTALS $¢,,568.00
cim NOV 25'92