HomeMy WebLinkAboutCouncil Information Memorandum 12-11-1992CITY OF
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CITY COUNCIL INFORMATIONAL MEMORANDUM
DECEMBER 11, 1992
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR DECEMBER:
DEC. 12 8:00 A.M. CITY MANAGER FINALIST
INTERVIEWS
Council Conference Room
DEC. 21 *4:00 P.M.
A copy of the interview schedule
is attached.
STUDY SESSION
Council Conference Room
TOPICS:
- Financial/Legal Advisors
- Review of Capital Improvement Program
and trends analysis
Draft agenda attached for Council review
*NOTE: Time change. Meeting
initially scheduled for 5:00 p.m. If this
time change poses a problem, please
let me know.
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DEC. 21 6:30 P.M. PLYMOUTH FORUM
Council Chambers
DEC. 21 7:00 P.M. COUNCIL MEETING
Council Chambers
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL XM IORANDUM
DECEMBER 11, 1992
PAGE 2
2. CHARTER COMIVIISSION -- MONDAY, DECEMBER 14, 7:00 P.M. The Charter
Commission will meet in the City Council conference room. Meeting notice and agenda
attached. (M-2)
3. HRA -- TUESDAY, DECEMBER 15, 6:30 P.M. The Plymouth Housing and
Redevelopment Authority will meet in the City Council conference room. Agenda
attached. (M-3)
4. EMPLOYEE HOLIDAY BUFFET -- Wednesday, December 23. A catered holiday
buffet from 11:30 a.m. to 1 p.m. will be held at the City Center for all City employees.
City offices will be closed during this time to afford all employees the opportunity to
participate in the event. Efforts to publicize the special closing include the posting of front
door notices at city buildings, handouts available at receptionist counters, and asking
employees to advise our regular customers of the special closing hours..
5. BLOOD DRIVE -- Tuesday, December 29. The bloodmobile will be at the City Center
from 1:00 to 4:00 p.m. If any member of the Council would like to be a blood donor,
please contact me for available tunes.
6. DISTRICT 284 BUDGET PUBLIC HEARING -- Monday, December 14, 7:00 P.M.
Attached is a copy of the Wayzata School District's agenda for their budget public hearing
and regular School Board meeting. (M-6)
7. GOVERNMENT ADVISORY COUNCIL -- Wednesday, December 16.. The School
District 281 Government Advisory Council will meet at 7:30 a.m. Meeting agenda
attached. (M-7)
8. BASSETT CREEK WATER MANAGEMENT COIVEVIISSION -- Thursday, December
17, 6 P.M. The Bassett Creek Water Management Commission will meet at the
Minneapolis Golf Club. Agenda attached. (M-8)
9. METROPOLITAN WASTE CONTROL COMIVIISSION -- Wednesday, December 16, .
6:30 P.M.. The Metropolitan Waste Control Commission has scheduled a meeting to the
review the final conclusions and recommendations of the Elm Creek Interceptor Facility
Plan. A copy of the meeting notice is attached. (M-9)
10. MEETING CALENDARS - December and January calendars for the City Center and
City Council are attached. (M-10)
FOR YOUR INFORMATION....
1. MEETING WITH CONSULTING ENGINEERING FIRM INSPECTORS -- The
attached letter from City Engineer Dan Faulkner invites inspectors from the City's
consulting engineering firms to an informal meeting to discuss ways we can enhance the
project inspection function. Topics for discussion are:
CITY COUNCIL INFORMATIONAL MEMORANDUM
DECEMBER 11, 1992
PAGE 3
1. Quantity of inspections per project.
2. Quality of inspection (i.e., performed at proper critical points of project?)
3. Inspector identification.
4. Inspector car identification.
5. Traffic control/safety devices.
6. Work after dark/weekends.
7. Communication with/availability to neighbors.
- If Councilmembers have suggestions for additional discussion items, please leave them
for me on voice mail, 550-5013. In addition to Engineering Division personnel, Helen
LaFave and I will attend this meeting. (I-1)
2. BOARD AND COMMISSION UPDATE -- Approximately 45 board and commission
applications have been mailed out in response to the December Plymouth News article
soliciting applications from individuals interested in a board or commission appointment.
Four completed applications have been received back. We are in the process of contacting
commissioners whose terms expire in January to determine whether they are interested in a
second term appointment.
3. MINUTES:
a. Planning Commission, November 18, 1992
4. 112015" - NORTHWEST COMMUNITY TELEVISION -- Northwest Community
Television will present a special one hour program titled "2015" which will review the
Metropolitan Council's report on the future of the Twin Cities metropolitan area. A
panel of local mayors including, Mayor Bergman, Robbinsdale Mayor Job Robb,
Brooklyn Center Mayor Todd Paulson and Metropolitan Councilmember Jim
Krautkremer will focus a discussion on the Northwest Hennepin metropolitan area. The
show will be played on channel 35 at 8 p.m. on December 17, December 20 and 1
December 22. A news release from Northwest Community Television is attached. (I-4)
5. TRAIN WHISTLE ORDINANCE -- Attached for Council review is a draft copy of the
train whistle ordinance prepared by the City Attorney in accordance with Council
direction. This draft ordinance is to be included with the meeting notice that will be
mailed to area residents. If the Council has any changes to the ordinance, please let me
know. (I-5)
6. NEWS CLIPPINGS:
a. "Train whistles will keep on blowing at crossings...", ABC Newspapers, November
13, 1992, reporting on action of Coon Rapids City Council. (I -6a)
b. "City weighs 'about half a dozen' downtown plans," Eden Prairie News, November
12, 1992. (I -6b).
CITY COUNCIL INFORMATIONAL MEMORANDUM
DECEMBER 11, 1992
PAGE 4
7. DEPARTMENT REPORTS:
a. Community Development Department activity for November, 1992. (I-7)
8. DEVELOPMENT SIGNAGE -- On Friday, December 11, three development signs were
placed at the following locations:
Northwest Corner of West Medicine Lake Drive and 49th Avenue North (Schmidt Lake
Road (91031). Plymouth Partners II is requesting approval of a Preliminary Plat and
Rezoning of approximately 41 acre site of land from FRD Zoning District to the I-1 and
B-2 Zoning Districts.
Northeast of County Road 9 and Goldenrod Lane North (92110). Pioneer Engineering is
requesting approval of a PUD Preliminary Plan/Plat, Conditional Use Permit, Concept
Plan and Rezoning of a 15 acre parcel of land for the development of a 30 lot single
family subdivision.
11040 Highway 55 (92111). ABRA, Inc.d is requesting approval of a Conditional Use
Permit for an automobile repair establishment in an existing structure.
These requests will be heard by the Planning Commission at their Tuesday, December 22,
1992 meeting.
9. PERSONNEL --
a. Letter from Mary Erickson, Sagamore Condominiums, to the Public Safety Director,
on a personal safety class presented by Darrel Anderson and Nia Wronski for
Sagamore residents. (I -9a)
10. STAFF REPORTS & CORRESPONDENCE:
a. Memorandum from Dale Hahn regarding the bidding of bank services. As the
Council directed, Dale is pursuing this effort to determine how the City may receive
the most beneficial arrangements from banks serving the City. (I -10a)
b. Memorandum from Marjorie Vigoren, Solid' Waste Coordinator, regarding yard
waste site odor complaint. (I -10b)
c. Memorandum from Joe Ryan, Building Official, regarding Lake Camelot Estates -
Fill Complaint. (I -10c)
d. Memorandum from Dale Hahn, Finance Director, regarding Financial Advisory
Committee position on the City Center expansion. (I -10d)
CITY COUNCIL INFORMATIONAL MEMORANDUM
DECEMBER 11, 1992
PAGE 5
e. Letter to City Attorney from Acting City Manager, regarding point of sale inspection
program. (I -10e)
L Letter to City Attorney from Acting City Manager, regarding settlement agreement
with the Begin's for Cottonwood Plaza retaining wall. (I -10f)
g. Memorandum from Fred Moore regarding County Road 10 screening concern
expressed by Jeff Wylie, 5935 Oakview Lane, at the November 16 Plymouth Forum.
(I-109)
11. CORRESPONDENCE:
a. Letter to David Landswerk, Wayzata School District, from Acting City Manager, as
follow up to the December 4 School Board/City Council meeting. (I -Ila)
b. Correspondence to Governor Carlson supporting the nomination of Mary Hill Smith
for the Regional 13 Metropolitan Council seat. (I-1lb)
c. Letter from James Benshoof, Benshoof & Associates, Inc., to Mayor Bergman
regarding statements made by Dan Witkowski at November 30 Council meeting. (I-
1 lc)
d. Letter from Mark Johnson, 425 Magnolia Lane, to Acting City Manager, suggesting
extended office hours for City Center. (I -11d)
e. Letter to Gene Wills, Knights of Columbus, from Eric Blank, on a February 7;, 1993
ice fishing contest on Medicine Lake. (I -Ile)
L Letter to Patrick Murphy, Hennepin County Department of Public Works, from Fred
Moore, requesting meeting to discuss County Road 61 improvements from Highway
55 to County Road 6, and from I-494 to Polaris Lane. (I -11f)
g. Letter to John Larkin, 35 Nathan Lane, from Fred Moore, commenting on special
assessment notification requirements. (I-llg)
Frank Boyles
Acting City Manager
M-%
PLYMOUTH
CITY MANAGER FINALIST
INTERVIEWS
Saturday, December 12, 1992
TIME
DEPARTMENT HEADS
(Council Conference Room)
TIME
CITY COUNCIL
(Council Chambers)
8:15
Frank Boyles
9:15
Frank Boyles
9:20
Mike McGuire
10:20
Mike McGuire
10:20 - 11:00
LUNCH
11:20 - Noon
LUNCH
11:00
Dwight Johnson
Noon
Dwight Johnson
12:05
Tom Melena
1:05
Tom Melena
1:10
Steve Mielke
2:10
Steve Mielke
A
CITY COUNCIL 0
STUDY SESSION AGENDAO o
December 21, 1992
4:00P .m.
4:00 - 5:30 P.M. I. What can be done to improve the Council/Staff working relationship
with:
1. The Financial Advisor - Springsted
- Current Strengths
- Areas for Improvement
- Strategies
2. The City Attorney - Bob Meller
- Current Strengths
- Areas for Improvement
- Strategies
4:30 - 6:30 P.M H. Review of Capital Improvement Program and Trends Analysis with
Dave MacGillivray
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD; PLYMOUTH, MN 55447
DATE: November 12, 1992
TO: Plymouth Charter Commission
FROM: Virgil Schneider, Chair
SUBJECT: DECEMBER 14 CHARTER COMMISSION MEETING
This memorandum confirms that the Charter Commission will meet on Wednesday.
December 14 at 7 D.M. in the Citv Council Conference Room at Plymouth City Center.
Please mark this date and time on your calendar.
Attached for your information is the meeting agenda and documents for discussion.
Please call me at 377-0083 if you are unable to make the meeting.
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CHARTER COMIVIISSION
DECEMBER 14, 1992
7:00 P.M
I. CALL TO ORDER
H. APPROVAL OF MEETING MINUTES (attached)
M. CHARTER PROCEDURES (attached)
IV. APPROVAL OF CHAIR'S ANNUAL REPORT TO DISTRICT COURT
JUDGE (attached)
V. OTHER BUSINESS
VI. SET ANNUAL MEETING DATE FOR ELECTION OF OFFICERS
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PLYMOUTH CHARTER COMMISSION.
SEPTEMBER 9, 1992
PRESENT: Virgil Schneider, Jon Speck, Joy Tierney, Ellie Singer, John Duntley
EXCUSED
ABSENCES: Timothy Peterson, Tyrone Bujold, Gerard Ford
ABSENT: Kapila Bobra, H. David Crain, Patrick Foley, Pauline Milner, Sandy
Patterson, William Pribble, Todd Wirth
The meeting was not conducted for lack of a quorum. Those present informally
reviewed the proposed copy for the 11 x 17 article to be contained in the October
Plymouth News.
The next meeting is scheduled for September 29, 1992 at 7 p.m.
FB:kec
MINUTES
PLYMOUTH CHARTER COMMISSION
SEPTEMBER 29, 1992
PRESENT: Kapila Bobra, Tyrone Bujold, H. David Crain, John Duntley, Patrick
Foley; Timothy Peterson, William Pribble, Virgil Schneider, Jon Speck,
Joy Tierney
EXCUSED
ABSENCES: Ellie Singer, Gerard Ford, H. David Crain
ABSENT: Pauline Milner, Sandy Patterson, Todd Wirth
I. Chair Schneider called the meeting to order at 7:05 p.m.
II. Review copy for October Plymouth News flyer. The Committee reviewed the
proposed text of the Charter Brief to be contained in the October Plymouth News.
Committee members concurred that the piece provided substantial information.
They questioned some of the spacing of the type, but basically felt that it was a
solid piece. Distribution will occur in mid-October.
III. Subcommittee report regarding Charter Commission flyer. Speck distributed a
proposed flyer to be distributed door-to-door through the ADS box system.
Schneider stated that to distribute the flyer would require two persons per
precinct, one driver and one stuffer. Each precinct would require about three to
four hours work.
Peterson asked what other cities have done with respect to flyers. Schneider
stated that other cities have had members of their charter commission also act as
their promotional committee and solicit dollars for promotion.
The Committee estimated that $500 would be required to print the flyer. The
Committee discussed the attribution for the flyer. A suggestion was made that the
flyer read, "Prepared and Paid for by the Plymouth Charter Commission
Promotional Subcommittee."
Motion was made by Pribble, seconded by Bobra to establish the Charter
Commission as the body to act as the promotional agent for the Charter. Motion
passed unanimously.
Schneider stated that persons are needed to head the following committees:
1. Flyer preparation and printing - John Speck
MINUTES - PLYMOUTH CHARTER COMMISSION
SEPTEMBER 29, 1992
Page 2
2. Fundraising - Bill Pribble
3. Flyer distribution - John Duntley
The distribution target is October 31/November 1 and 2.
Flyers are to be prepared and available at the League of Women Voters Forum on
October 15 if at all possible.
The Commission asked that the number of voters per precinct be provided to
them, together with the 9/29/92 minutes.
Bobra left the meeting.
The Committee concurred that quotes for the flyer would be obtained at 10,000,
15,000, and 20,000 units.
Speck asked that the Commission review the copy page by page.
The Commission concurred that the front and back cover should read, "Vote Yes
November 3," in addition to the existing format. A box should be included with
a check mark, as well.
The question mark in the title is to be changed to an exclamation point.
Foley joined the meeting at 7:45 p.m. Crain joined the meeting at 7:55 p.m.
Peterson stated that it was important to address the question of, "why," not
"what." A suggestion was made that copy in this piece be minimized to the
extent possible so that it could be read between the ADS box and the person's
front door. The rationale for each pro -charter argument was stated as follows:
1. Why wards?
• Maximize representation
• Increase accountability
• Balance neighborhood and city perspectives
MRWIES - PLYMOUTH CHARTER COMMISSION
SEPTEMBER 29, 1992
Page 3
2. Campaign contributions
• Reduce special interest impact
• Enhance openness in government
• Give the elections back to the general public
3. Why even year elections?
• Improve voter turnout
• Save property tax dollars
4. Why a community improvement plan?
• Improve fiscal accountability
• Provide voter approval for large construction projects
5. Why initiative and referendum?
• Empowers citizens/taxpayers to propose or reverse council actions
• Maximize council accountability
• Minimize abuses of power
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The Committee concurred that we would be better to change the title from, "How
Will the New Charter be Instituted," to "Transition." Copy will be included
stating that the transition only takes four years with the charter effective on
1/1/93. No current terms are extended and there are no one or five year terms.
Bujold suggested that the document identify which other communities similar to
Plymouth also have charters, including Minnetonka, Brooklyn Park, and
Bloomington.
6. Why a charter commission?
• . is energizing agents to - allow Plymouth's government to
quickly change to our changing social and political conditions.
• Independent body responsible for good government
Bill Pribble agreed to have his name and address listed under, "Prepared and Paid
for by."
Virgil Schneider suggested that the first page, which attempts to convince the
reader of the benefit of the charter, be primarily bullets.
NUNUTFS - PLYMOUTH CHARTER CONMSSION
SEPTEMBER 29, 1992
Page 4
Tierney suggested the heading for the first page be, "The Charter Advantage."
She suggested the first paragraph be maintained, then a list of benefits of the
charter be below that. Arguments suggested included:
• Citizens, not the state, control our local government. A suggestion was
made that a line, "Only with the City Charter can we be incorporated."
Another recommendation was to use the woad benefits in place of, "what
has change." The benefit line Would be across the entire top.
Discussion occurred on paper and ink colors. The Committee concurred that
black ink on white would be most appropriate given the election season.
IV. Other Business. Bujold recommended that Committee members write letters to
the editor. Tierney asked whether signs are to be purchased. Pribble suggested
that we wait to find out the type of activity associated with the charter issue.
Schneider stated that it would take at least a month to get lawn signs done. Speck
suggested that we would have to decide by October 9 or earlier to get the signs
done. Speck stated that he would work with Foley and Tierney to review the
redrafted flyer.
The next meeting will be called at the discretion of the Chair with the required
advance notice.
The meeting adjourned at 9:15 p.m.
Attorneys at Law
ROBERT A. ALSOP
RONALD H. BATTY
STEPHEN J. BUBLTL
JOHN B. DEAN
MARY G. DDBBLWS
STEFANIE M GALEY
CORRINE A. HEINE
JAMES S. HOLMES
DAVID J. KENNEDY
JOHN R. LARSON
WELLINGTON H. Lew
CHARLES L LEFEVERE
November 9, 1992
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9300
Frank Boyles
Acting City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Charter Procedures
Dear Frank:
Facsimile (612) 337-9310
WRITER'S DIRECT DIAL
337-9232
Mi • OL
JOHN M. IZFEVRE, JR.
ROBERT J. UNDALL
LAURA K. MOLLET f
BARBARA L PORmow
JAMES M. STROMMEN
JAMES J. THOMSON, JR.
LARRY M. WERTHEIM
BONNIE L WILK[NS
GARY P. WINTER i
DAVID L GRAVEN (1929-1991)
OF COUNSEL.
ROBERT C. CARISON
ROBERT L DAVIDSON
You've asked me to outline the necessary steps to be taken now that
the new charter has been adopted and to comment on any procedural
changes in city government made by the charter.
First as to the legal requirements. Minnesota Statutes, Section
410.11 requires that the city clerk file a copy of the charter,
accompanied by a certificate giving the date of the election and
the vote by which the charter was adopted, (i) with the Secretary
of State, (ii) with the County Recorder, and (iii) in the clerk's
office. I have attached a form of certificate for this purpose.
I think it would be a good idea to attach a copy of an affidavit of
publication of the charter to the copy on file with the clerk.
Next, I think it advisable to send a copy of the charter, again
with the certificate to (i) the Hennepin County law library, (ii)
the Hennepin County library, and (iii) the League of Minnesota
Cities. Also, I think it would be a good idea to file any
newspaper articles and other printed material you have about the
charter with the clerk's copy for historical purposes. The charter
commission will be sending a copy to the chief judge; it would be
helpful if you could supply the commission with a certified copy
for that purpose.
Next, you should decide on the distribution of copies. I think
copies should be supplied to (i) each member of. the council, (ii)
each department head, and (iii) each member of the charter
commission. Additional copies should be kept available for public
distribution with or without charge, as the council determines. I
would suggest a small looseleaf binder with mylar edged paper like
the city code. (Crystal has a nice one, if you'd like to see it.)
M -a,
Frank Boyles
November 9, 1992
Page 2
As far as other procedural changes required by the new charter,
there are really very few since, as you know, the charter
commission's intent (and I think the effect of the charter) was to
preserve the basic Plan B form of government, except for those
fundamental changes involving the size of the council, wards and
initiative and referendum. But there are some minor changes that
should be kept in mind after January 1, 1993 when the charter goes
into effect.
Sections 3.05, 3.07 and.3.09. Please note that ordinances and
resolutions must be presented in writing and that ordinances are
effective immediately rather than on publication.
Section 7.09. The procedure for expenditures is slightly different
than the statutory form. The council may, as suggested in the
section itself, want to consider adopting an ordinance embodying
and implementing the charter procedure on disbursements.
Section 7.14. An ordinance providing for expenditures from the
Community Improvement Fund (CIP) must be adopted under subdivision
2. You may want to review the Minnetonka ordinance on this point.
You'll note that the charter is silent on the initial funding of
the CIP, but I think the commission's intent was that any existing
capital project fund resulting from the sources described in
subdivision 1, as well as future revenues from those sources, be so
deposited, and I think that's the clear implication of subdivision
1.
Section 12.05. The net proceeds (and here the intent was proceeds
remaining after costs of the sale) of land sales must first go to
pay indebtedness for that property and then to the general fund.
The statutory city code has no such requirement.
The big change comes on January 1, 1994 when the ward system and
term transition begins, but I think the transitional provisions of
the charter are relatively clear on these points.
I'd be happy to respond to any further questions you or the council
might have about the new charter.
Y6urs truly,
Davi J. ennedy
DJK:jes
cc: Virgil Schneider
DJK44362
PL100-112
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF PLYMOUTH )
CERTIFICATE OF CITY
CLERK REGARDING ADOPTION
OF A CITY CHARTER
I, the undersigned qualified and acting City Clerk of the City of Plymouth,
Minnesota certify that attached herewith is a true and correct copy of the charter of
the City of Plymouth, Minnesota. The charter was approved by the voters at a duly
called and regularly held special election in the City on November 3, 1992 by a vote
of in favor and opposed. The charter is effective by its terms on
January 1, 1993.
IN WITNESS WHEREOF, I have set my hand and the corporate seal of the City
of Plymouth, Minnesota this day of , 1992.
City Clerk
City of Plymouth, Minnesota
(SEAL)
DJK44387
PL100-112
XN . Q
November 10, 1992
s
Honorable Roberta K. Levy
Chief Judge
1251 Court Tower
Hennepin County Government Center
Minneapolis, MN 55487
SUBJECT: ANNUAL REPORT FROM THE PLYMOUTH CHARTER COMMISSION
Dear Judge Levy:
I am submitting this report on behalf of the City of Plymouth Charter Commission in
accordance with Minnesota Statute Section 410.05, Subdivision 2.
Since our last report in December 1991, a great deal of work has taken place. During this past
winter the Commission members worked to become familiar with city charters. The
Commission then decided to break down into subcommittees corresponding with the major
topics contained in city charters. Each subcommittee submitted draft charter language which
was consolidated into one document. The entire Commission reviewed the proposed charter
and after numerous changes, approved the draft document.
Public meetings were then held to receive input regarding changes to be made in the charter.
After a number of changes, the charter was submitted to the City Council.
The City Council authorized the charter question to be placed on the November 3 general
election ballot. The Commission worked to inform Plymouth residents regarding the charter.
They assisted City personnel in preparing a newsletter summarizing the charter's provisions,
distributed flyers, participated in cable television programs and other public meetings,
including candidate debates.
Attached for your information is a copy of the final charter document and the results of the
November 3 question. I am pleased to report that the charter proposition succeeded by a vote
of 14,811 to 7,775. I am including a copy of the precinct by precinct tally of the charter
election results.
In coming months I expect that the Charter Commission will direct its attention to issues which
arise as the charter is implemented to determine what steps, if any, should be taken to "fine
tune" the document as time goes by.
If you have questions about this report, feel free to contact me at 377-0083.
Sincerely,
Virgil Schneider
Charter Commission Chair
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M.a
PROPOSED CHARTER
FOR THE
CITY OF PLYMOUTH, MINNESOTA
CHAPTER 1
GENERAL PROVISIONS
Section 1.01. Name and boundaries. The city of Plymouth is and will continue
to be a municipal corporation with the boundaries existing on the effective date of
this charter or as later modified in accordance with law.
Section 1.02. Powers. The city of Plymouth has all powers that it is now or
hereafter possible for a municipal corporation in the State of Minnesota to exercise
in harmony with the Constitutions of the State of Minnesota and of the United States.
It is the intention of this charter that every power that the people of the city might
lawfully confer upon themselves as a municipal corporation by specific enumeration
in this charter is deemed to have been so conferred by this section. This charter
is to be construed liberally in favor of the city. The specific mention of particular
powers in this charter is not to be construed as limiting the generality of the powers
conferred by this section.
DJK37077 1
PL100-112
CHAPTER 2
Section 2.01. Form of government. The form of government established by
this charter is the douncil-manager plan. The council exercises the legislative power
of the city and determines matters of policy. The city manager is responsible to the
council for the prop
er administration of city affairs .
Section 2.02. Boards and commissions. There are no separate administrative
boards or commissions except boards and commissions required by law or those
established for the administration of a municipal function jointly with another
political subdivision. The council performs the duties and exercises the powers of
administrative boards or commissions. The council may establish boards or
commissions to advise the council with respect to municipal functions or activities,
to investigate subjects of interest to the city or to perform quasi-judicial functions.
Section 2.03. Council members • qualifications and terms. Subdivision 1. The
council is composed of a mayor, one ward council member for each ward and two at
large council members . The mayor and the council members must be eligible voters
of the city and must further qualify for office as provided in this charter.
Subd. 2. The mayor and council members must be residents of the city. The
ward council members must satisfy the residence requirements of section 2.04.
Subd. 3. The mayor and two council members are elected at large. A ward
council member is elected from the ward in which the council member resides.
Subd. 4. Except as provided in section 12.13 the mayor is elected for a term
of two years and a council member is elected for a term of four years. The mayor
and council members serve until their respective successors are elected and qualify
for office.
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MOD -112
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Subd. 5. The terms of office of the mayor and council members in office on the
effective date of this charter continue in accordance with the transition schedule set
forth in section 12.13.
Section 2.04. Ward council members. A ward council member must be a
resident of the ward (i) at the time that filings for elections close, or (ii) at the time
of appointment to fill a vacancy. Except as provided in section 2.05, continued
residence in the ward in which the council member resides at the time of election or
appointment is a required qualification to' hold office during the council member's
term.
Section 2.05. Wards. The city is divided into four separately numbered
wards corresponding generally to four geographic quadrants of the city. Review of
the wards must be made by the council and the wards reapportioned no later than
two years after the year in which a federal census is taken so that the population of
the wards are as equal as practicable. A ward must be composed of compact and
contiguous territory. A change in ward boundaries does not disqualify a council
member from serving the remainder of a term. Reapportionment is by ordinance.
If the council does not reapportion within the period prescribed, the mayor and
council members forfeit all remuneration until the wards of the city are reapportioned
as required by this section. The initial wards of the city are those described in
section 12.13.
Section 2.06. Incompatible city offices. An elected officer of the city may not
(i) be appointed city manager; (ii) hold any other city office or be employed by the
city in any other capacity for pay; and (iii), for a period of one year after expiration
of the officer's term of office, hold a city office or be employed by the city for pay.
Section 2.07. Council vacancies. A vacancy in an elective office exists for the
following reasons:
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PL100-112 3
(a) failure of a person elected to an office to qualify on or before the
date of the second regular meeting of the council in the year subsequent to the
3
election;
(b) death of the officer;
(c) resignation of the officer;
(d) except as provided in section 2.059 the officer ceasing to be a
resident of the city or of the ward from which elected;
days;
(e) ' continuous absence of the officer from the city for more than 90
(f) conviction of the officer of a felony either before or after
qualification for office;
(g) failure of the officer without good cause to perform the duties of
office for a period of three consecutive months;
(h) removal of the officer from office; or
(i) a reason specified by law.
When a vacancy occurs for a reason specified in clauses (d) through (i), the council
must promptly, by a resolution stating its findings, declare the vacancy to exist.
When a vacancy exists, the council must forthwith appoint an eligible person to fill
the vacancy until the next regular municipal election when the office is filled for the
unexpired term. If a vacancy occurs and exists in an elective office after the last
day for filing affidavits of candidacy for that office, the person elected to fill that
office is deemed to have been appointed for the unexpired term.
Section 2.08. Mayor. The mayor is the presiding officer of the council. The
council must choose from its members a deputy mayor. The deputy mayor holds
office at the pleasure of the council and serves as mayor in the mayor's disability or
absence from the city or when a vacancy in the office of mayor exists. The mayor:
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(i) exercises the powers and performs the duties conferred on
the mayor by this charter, the ordinances of the city, and the laws of
the state;
(ii) is the* official head of the city for ceremonial purposes, for
purposes of the service of civil process, and for the purposes of martial law;
and
(iii) must report to the council neglect, dereliction of duty, or waste
on the part of an officer or department of the city.
In time of public danger or emergency the mayor may, as provided by council
resolution, take command of the police, maintain order and enforce the law.
Section 2.09. Salaries. The salaries of the mayor and council members are
fixed by ordinance in the manner provided by law.
Section 2.10. Investigation of city affairs. The council or an officer or
officers formally authorized by the council may make investigations into the city's
affairs, subpoena witnesses, administer oaths and compel the production of books
and papers. The council may provide for an examination or audit of the accounts of
an officer or department of the city government. The council may conduct surveys
or research studies of subjects of municipal concern.
Section 2.11. Interferences with administration. Neither the council nor a
council member may dictate the appointment by the city manager of a person to an
office or employment. The council may not interfere with the city manager or
prevent the city manager from exercising judgment in the appointment of officers and
employees in the administrative service. Except for purposes of inquiry the council
and its members must deal with and control the administrative service solely through
the city manager. Neither the council nor any member of .the council may give
orders, publicly or privately, to a subordinate of the city manager.
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CHAPTER 3
COUNCIL PROCEDURE
Section 3.01. Council meetings. At the first regularly scheduled council
meeting in January following a regular city election the newly elected mayor and
members of the council assume their duties. The council meets at such times each
month as prescribed by ordinance or resolution, but not less frequently than once
each month. The mayor or three council members may call a special meeting of the
council upon reasonable notice to council members and such other notice as required
by law. Meetings of the council are public meetings. Any person may inspect the
minutes and records of the meetings at reasonable times and in accordance with law.
Section 3.02. Council officers. The council may choose the officers and
employees it finds necessary to serve at its meetings. The council must appoint a
secretary of the council. The secretary must keep a journal of council proceedings
and perform the duties required by this charter, ordinance or resolution. The
council may designate any officer or employee of the city except the city manager,
the mayor or a council member as its secretary.
Section 3.03. Rules of procedure and quorum. The council determines its own
rules and order of business. A majority of members elected is a quorum to Ido
business, but a smaller number may adjourn from time to time. The council may by
ordinance provide a means by which a minority of its members may compel the
attendance of absent members.
Section 3.04. Ordinances; resolutions; motions. Legislation must be enacted
by ordinance. The "yes" and "no" votes on ordinances and resolutions must be
recorded. Except as otherwise provided in this charter or by law an affirmative vote
of a majority of all the members of the council is required for the passage of
ordinances and resolutions.
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Section 3.05. Procedure on ordinances. The enacting clause of an ordinance
is: "The city of Plymouth ordains:". An ordinance must be presented in writing.
Section 3.06. Emergency ordinances. An emergency ordinance is an
ordinance necessary for the immediate preservation of the public peace, health,
morals, safety or welfare in which the emergency is defined and declared in the
preamble to the ordinance. A prosecution may not be based upon the provisions of
an emergency ordinance until (i) 24 hours after the ordinance has been filed with the
city clerk and posted in three conspicuous places in the city, or (ii) the ordinance
has been published, unless the person charged with violation of the ordinance had
actual notice of the passage of the ordinance prior to the act or omission constituting
the alleged violation.
Section 3.07. Procedure on resolutions. Resolutions must be presented in
writing.
Section 3.08. Signing and publication of ordinances. An ordinance passed
by the council must be signed by the mayor or deputy mayor, attested by the city
clerk and filed and preserved by the city clerk. An ordinance must be published
once in the official newspaper. A summary of an ordinance may be published in the
manner prescribed by law.
Section 3.09. When ordinances and resolutions take effect. Resolutions and
ordinances are effective immediately upon passage or at a later date stated in the
ordinance or resolution. An ordinance adopted by the voters under chapter 5 is
effective upon its adoption or at a later time stated in the ordinance.
Section 3.10. Amendment and repeal of ordinances and resolutions . An
ordinance or resolution repealing . a prior ordinance or resolution or section,
subdivision or separately identified clause thereof must state the number or, if no
number has been assigned, the title of the ordinance or resolution to be repealed in
whole or in part. An ordinance or resolution or section, subdivision or clause
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thereof may not be amended by reference to the title only. The amending ordinance
or resolution must set forth in full each section, subdivision or clause to be amended
and indicate new matter by underscoring and matter to be omitted by striking out or
by other appropriate symbols .
Section 3.11. Revision and codification of ordinances . The council may,
pursuant to this section and law, revise, rearrange and codify the ordinances of the
city with the additions and deletions found necessary by the council. The ordinance
code may be prepared in book; pamphlet or continuously revised loose-leaf form.
Copies of the code must be kept available at the office of the city clerk for general
distribution to the public free or at a reasonable charge. Preparation of the code is
sufficient publication of an ordinance provision not previously published if a notice
is published in the official newspaper stating that copies of the code are available at
the office of the city clerk.
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CHAPTER 4
ELECTIONS
Section 4.01. General election laws to apply. Except as otherwise provided
in this chapter the general laws of the State of Minnesota pertaining to registration
of voters and the conduct of primary, special and general elections apply to city
elections. The council may by ordinance adopt suitable and necessary
supplementary procedures for -the conduct of elections.
Section 4.02. Regular city elections. Except as provided in section 12.13, the
regular city election is held on the first Tuesday after the first Monday in November
of even numbered years. The election is held at the place or places designated by
resolution of the city council. Notice of the election is given in the manner provided
by law. Failure to give notice of the election does not invalidate the election.
Section 4.03. Special elections. The council may by resolution order a special
election as provided by law and establish the procedures for holding the election.
The procedures at a special election must conform to that prescribed by this charter
and law.
Section 4.04. Filing for office. An eligible voter of the city may file for
election in the manner prescribed by law.
Section 4.05. Campaign contributions. A candidate for city office who
receives a contribution from an individual or a campaign committee, as that term is
defined by law, must report the name and address of the individual or committee that
during the year has made one or more contributions that in the aggregate are equal
to or greater than $50 adjusted as provided in section 12.14. Financial reporting by
candidates must, in all other respects, conform to law.
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9
CHAPTER 5
EMIATIVE AND REFERENDUM
Section 5.01. General authority. Subdivision 1. Initiative. The registered
voters of the city may propose the adoption of ordinances by a procedure called the
initiative. The initiative does not extend to (i) the budget or capital -program. (ii)
the appropriation of money or the levy of taxes, (iii) zoning or (iv) the salaries of
city officers or employees.
Subd. 2. Referendum. The registered voters of the city may require
reconsideration by the council of an adopted ordinance and, if the council fails to
repeal an ordinance so reconsidered, to approve or reject it at .an election held for
that purpose by a procedure called the referendum. The referendum does not
extend to (i) the budget, (ii) a capital program, (iii) an emergency ordinance or (iv)
an ordinance relating to the appropriation of money, the levy of taxes, zoning or the
salaries of city officers or employees.
Section 5.02. Contributions; reporting. Subdivision 1. General Rule. A
person may not contribute to a committee or organization proposing, promoting or
opposing (i) an initiated ordinance or (ii) an ordinance that is the subject of a
referendum proceeding a total amount in excess of $13,0009 adjusted as provided in
section 12.14, in a period consisting of 365 consecutive days.
Subd. 2. Reportinz. A committee or organization described in subdivision
1 must file a report with the city clerk showing (i) total contributions received, and
(ii) the name and address of a person who contributed a total amount in excess of
$50, as adjusted, in a period consisting of 365 consecutive days. The report must
be filed not later than 60 days after the date of a referendum or initiative election.
Subd. 3. Penalty. Violation of this section is a misdemeanor.
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Section 5.03. Commencement of proceedinLr; petitioners' committee; affidavit.
Subdivision 1. Commencement. Five registered voters of the city may begin
initiative or referendum proceedings by filing with the city clerk an affidavit stating
that they constitute the petitioners' committee and will be responsible for circulating
the petition and filing it in proper form. The affidavit must (i) state the names and
addresses of the members of the committee, (ii) specify the address to which notices
to the committee are to be sent and (iii) set out in full the proposed initiated
ordinance or cite the ordinance sought to be reconsidered.
Subd . 2. Clerk's duties. The city clerk must issue the appropriate petition
forms to the petitioners' committee promptly after the affidavit has been filed. The
clerk must (i) prepare a written estimate of the cost that would be incurred or
saved, as the case may be, by the city by the passage of the initiated ordinance or
the repeal of the referred ordinance or (ii) prepare a written statement that no
reasonable estimate of cost or savings is possible.
Section 5.04. Petitions . Subdivision 1. Number of signatures. Initiative and
referendum petitions must be signed by registered voters of the city. The number
of petitioners must equal at least 155 of the number of persons registered to vote at
the last regular city election.
Subd. 2. Form and content.
I. Petition papers must be uniform in size and style and be
assembled as one instrument for filing. Each signature must be executed in
ink or indelible pencil and must be followed by the address of the person
signing.
ii. A petition must contain or have attached thereto in each petition
copy circulated the full text of the ordinance proposed or sought to be
reconsidered, with changes highlighted, if appropriate.
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iii. A petition or copy thereof must specifically identify the ordinance
„ sought to be initiated or identify by number the ordinance to be subjected to
referendum.
iv. A copy of the petition must state the estimated cost that would be
incurred or saved, as the case may be, by the city by the passage of the
initiated ordinance or the repeal of the referred ordinance. The petition must
'-.__.'__'._ "include (i) a related cost -benefit analysis of not more than 100 words or (ii)
a statement that no reasonable estimate of cost or savings is possible. The
estimated cost or savings must be stated on an annual basis if the cost or
savings is expected to be of a recurring nature.
V. The petition must state the purpose of the proposed ordinance or
referred ordinance in summary form.
vi. The affidavit must be in the form prescribed by law.
Subd. 3. Statement of circulator. Each paper or copy of a petition must have
attached to it when filed a statement executed by the person circulating the paper
stating that: (i) that person personally circulated the paper, stating the number of
signatures contained thereon; (ii), each signature was affixed in that person's
presence; (iii) that person believes each signature to be the genuine signature of
the person whose name it purports to be; and (iv) each signer had an opportunity
before signing to read the full text of the ordinance proposed or sought to be
reconsidered.
Subd. 4. Dates; six-month limit. The petition must contain the date or dates
when each signature on that page was executed. A signature is not valid if the 1
signature was executed or certified more than six months after the date of the filing
of the committee's affidavit.
Section 5.05. Procedure after filing. Subdivision 1. Certificate of clerk;
amendment. Within. 20 days after the committee files an affidavit for initiative or
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referendum, the clerk must certify the sufficiency of the petition. If the clerk
determines that the petition is insufficient because of an inadequate number of valid
signatures or other insufficiency, the clerk must specify the portions of the petition
that are insufficient. The clerk must then promptly send a certificate of
insufficiency to the petitioner's committee by registered mail.
Subd. 2. Modification of petition. A petition certified insufficient for lack of
the required number of valid signatures may be made sufficient by additional
signatures within the six-month period following the filing of the affidavit. The
language of the initiated ordinance or the ordinance to be referred may not be
changed after filing of the affidavit.
Subd. 3. Council review. A petition deemed insufficient by the clerk may on
request of the petitioner's committee be reviewed by the council within 22 days after
the petitioner's committee has received a certificate of insufficiency. The council
must then review the certificate at its next regular meeting and approve or
disapprove the petition.
Subd. 4. Court review; new petition. A council determination as to the
sufficiency of a petition is subject to judicial review. A determination of
insufficiency, even if sustained upon court review, does not prevent the filing of a
new petition for the same purpose. Judicial review must be sought within 30 days
after a determination of insufficiency by the council.
Section 5.06. Referendum petition; no suspension of ordinance. An ordinance
is not suspended -from taking effect by the filing of a referendum petition.
Section 5.07. Filing of petitions . Subdivision 1. A petition for initiative or
referendum, and all of its copies with original signatures of registered voters, may
be' filed as 9ne petition with the city clerk.
Subd. 2.
Action by
council.
When a petition with the requisite signatures on
its original and
copies
has been
filed with the clerk and has been determined
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sufficient (i) by the clerk or (ii) in accordance with section 5.05, the clerk must
refer the petition to the city council. The council after a public hearing on
reasonable notice must promptly (i) consider and may adopt the proposed initiated
ordinance or (ii) reconsider the referred ordinance repealing the ordinance. The
council may adopt the proposed initiated ordinance with changes in substance with
the approval of four of the committee members; and if the ordinance is so adopted,
Initiative proceedings for that ordinance terminate. If the council (i) fails to adopt
an initiated ordinance or (ii) fails to repeal the referred ordinance within 40 days
after the date of determination of sufficiency, the council must submit the initiated
ordinance or referred ordinance to the voters.
Subd. 3. Submission to voters. The initiated ordinance or the proposed
ordinance must be submitted to the voters at the next city-wide regular or special
election held not less than 90 days nor more than one year after the* council's action
submitting the ordinance to the voters. If no such election is scheduled during the
one-year period, the council must call a special election for that purpose during that
one-year period.
Subd. 4 Withdrawal of petitions. A petition for initiative or referendum may
be withdrawn at any time before the 60th day preceding the date scheduled for the
election on the ordinance by filing with the clerk a request for withdrawal signed by
at least four members of the petitioners' committee. If the request is filed, the
petition has no further force or effect, and all proceedings thereon are terminated.
Section 5.08. Charter amendments. Petitions for initiative or referendum do
not apply to amendments of this charter.
Section 5.09. Results of election.
(a) Initiative. If a majority of the voters voting on an initiated
ordinance approve, the ordinance is effective upon certification of the election
results.
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(b) Conflicting ordinances. If conflicting initiated ordinances are
approved at the same election, the ordinance receiving the greatest number
of affirmative votes is adopted. Any number of initiated ordinances may be
voted on at the same election, but the voters must be permitted to vote for or
against each ordinance separately.
(c) Referendum. If a majority of the voters voting on a referred
ordinance do not approve the ordinance, the ordinance is repealed upon
certification of the election results.
Section 5.10. Forms. Subdivision 1. Initiative. The form of the initiative
petition is fixed as follows:
INITIATIVE PETITION
Proposing an ordinance to
(stating the purpose
of the ordinance), a copy of which ordinance is attached hereto. This ordinance is
sponsored by the following committee of eligible voters:
Name Address
2.
3.
4.
5.
The undersigned eligible voters understand the terms and nature of the
proposed ordinance attached hereto.
1. We state that the estimated cost or savings on an annual basis during
the existence of the ordinance is $
or
We state that the estimated total (cost) (savings) resulting from the adoption
of the ordinance to be $
or
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i
c
We state that it is not possible to estimate the cost or savings resulting from
the adoption of the ordinance.
2. We further state that the city clerk has estimated the (cost) (savings)
resulting from the adoption of the ordinance to be $_
on an
annual basis .
or
We further state that the clerk has estimated that the total (cost) (savings)
resulting from the adoption of the ordinance to be $
or
We further state that the city clerk has determined that the cost or savings
resulting from the adoption of the ordinance is not possible to estimate.
Subd. 2. Referendum. The form of the referendum petition is fixed as
follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the
purpose and number of the ordinance), a copy of which ordinance is attached
hereto. The proposed repeal is sponsored by the following committee of eligible
voters:
Name Address
1.
2.
3.
4.
5. I
i
The undersigned eligible voters understand the terms and nature of the
ordinance attached hereto, believe it to be detrimental to the welfare of the
city, and petition the city council for its repeal or the submission of the
ordinance to the -voters for approval or disapproval by the voters.
1. We state that the petitioners' estimate of the total (cost) (savings)
resulting from the ordinance, if not repealed, would be $
or
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I
IM • 2,
We state that the petitioners' estimate of the fixed annual (cost) (savings)
resulting from the ordinance, if not repealed, would be $ per year.
or
We state that the (cost) (savings) resulting from the ordinance, if not
repealed, is not possible to estimate.
2. We further state that the city clerk has estimated that the total (cost)
.(savings) resulting from the repeal of the ordinance would be
S
or
They further state that the city clerk has estimated that the (cost) (savings)
resulting from the repeal of the ordinance to be $ on an annual
basis.
or
They further state that the city clerk has determined that the cost or savings
resulting from the repeal of the ordinance is not possible to estimate.
Subd. 3. Estimate of cost. The face of a petition must include an estimate
of the cost of a special election as certified by the clerk if a special election- is
necessary.
Section 5.11. Ballots. The ballot at an election on an ordinance initiated or
subject to referendum under this chapter must state the substance of the ordinance
and contain appropriate instructions for the voters to indicate "yes" or "no" on the
question of its adoption.
Section 5.12. Reenactment; amendment. An ordinance adopted by initiative
may not be repealed or amended by the council for a period of one year following its
effective date. An ordinance repealed by referendum may not be reenacted by the
council for a period of one year following its repeal.
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CHAPTER 6
ADMINISTRATION OF THE CITY
4
Section 6.01. City manager. Subdivision 1. The city manager is the chief
administrative officer of the city. The manager is appointed by the city council
solely on the basis of training, experience and executive and administrative
qualifications ...With the approval of the council, the manager may designate some
properly qualified person to perform the duties of the manager during the absence
or disability of the manager. If the office of manager is vacant and no such
designation has been made, the council must appoint an acting manager.
Subd. 2. The city manager is appointed for an indefinite term and may be
removed at any time by an affirmative vote of a majority of the council. After having
served for one year, the manager may demand written charges and a public hearing
before the council on the charges prior to the date when the removal of the manager
takes effect. The public hearing must be held within 30 days of the manager's
demand, and the written charges must be supplied to the manager at least ten days
prior to the hearing. After the hearing, if one is demanded, the council may either
reinstate the manager or make the removal final. Pending the hearing and removal,
the council may suspend the manager from office and appoint an acting manager.
Prior to removal the manager must be paid the manager's regular salary.
Subd. 3. The council must periodically review the manager's performance.
The council and the manager may enter into an employment agreement.
Section 6.02. Manager; powers; duties. Subdivision 1. The manager is
responsible to the council for the administration of the city's affairs. The manager
has the powers and duties specified in this section.
Subd. 2. The manager must assure that this charter, the laws and ordinances
of the city and the resolutions of the city council are enforced and carried out.
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I
Subd. 3. The manager appoints officers and employees of the city on the basis
of merit and fitness, but the appointment and removal of the city attorney is subject
to the approval of the council. The manager may remove or suspend officers and
employees of the city.
Subd. 4. Except as otherwise provided by 'this charter or law, the
manager directs departments and divisions of the city administration.
Subd. 5. The manager must attend meetings of the council. The manager may
take part in discussion at council meetings but may not vote. The council may
exclude the manager from a meeting at which the manager's removal is considered.
Subd. 6. The manager may recommend to the council measures deemed
necessary for the welfare of the people and the efficient administration of the city's
affairs.
Subd. 7. The manager must keep the council fully advised on the financial
condition and needs of the city. The manager must prepare and submit the annual
budget to the council.
Subd. 8. The manager must, as soon as practicable after the close of the
fiscal year, submit to the council a written report on the finances and administrative
activities of the city. The manager's report must be discussed by the council at a
public hearing called for that purpose.
Subd. 9. The manager must prepare and amend from time to time an
administrative code setting out the administrative procedures of the city.
Subd. 10. The manager performs the other duties prescribed by law, this
charter or by the council.
Section 6.03. Departments. • With the approval of the council, the manager
may create departments, divisions and other units of the city administration
consistent with this charter and law.
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Section 6.04. Other officers. There must be a city clerk, a chief financial
officer and such other officers subordinate to the city manager as may be created by
the council by ordinance or resolution or established by law. The clerk is
responsible for the keeping of city records . The clerk and other officers have the
duties imposed by state law, this charter, ordinances and council resolutions-
Section
esolutions.Section 6.05. Purchases and contracts. The manager is the chief Purchasing
agent of the city. Purchases and contracts may be made by the manager when the
amount of the purchase or contract does not exceed the amount at which competitive
bids are required by law. Other purchases and contracts are made by the council
on the recommendation of the manager. Except for purchases and contracts made by
the manager, contracts, bonds and instruments to which the city is a party must be
signed by the mayor and the manager on behalf of the city. I
Section 6.06. Contracts; bids. City contracts must be made in compliance i
with law. When competitive bids are submitted the contract must be awarded to the
lowest responsible bidder. The council may by ordinance adopt additional
regulations for making city contracts.
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CHAPTER 7
TAXATION AND FINANCE
Section 7.01. Council controls finances . The council is responsible for the
financial affairs of the city. The council must provide for the collection and
protection of revenues and other assets and the auditing and settlement of accounts.
Section 7.02. Fiscal year. The fiscal year of the city is the calendar year.
Section 7.03. System of taxation. Subject to the state constitution and except
as forbidden by it or law the council may provide by ordinance for a system of local
taxation. In the taxation of real and personal property under a system of local
taxation the council must conform as nearly as possible to law in the assessment of
property and the collection of the taxes.
Section 7.04. Board of equalization. The council is the board of equalization
to equalize assessments of property for taxation according to law.
Section 7.05. Preparation of budLret. The manager must prepare an annual
budget and submit it to the council. The budget must include the general fund but
may include other funds at the discretion of the city council. The estimated
revenues and expenditures for each fund must be shown for each department of the
city. The city manager must submit with the budget explanatory statements deemed
necessary. The budget must show comparative figures for the current fiscal year,
actual and estimated, and actual figures for the preceding fiscal year.
Section 7.06. Adoption of budget. The council must, by a budget resolution,
adopt the budget at the time required by law. The budget is the principal item of
business at regular council meetings at the times required by law and at subsequent
meetings until the budget is adopted. The consideration of the budget by the
council must be conducted in a manner to give citizens an opportunity to be heard.
The manager must review the budget in the detail requested by the council. The
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adopted budget must set forth in detail the financial plan of the city for the ensuing
fiscal year. The sum appropriated by ;the budget may not exceed the estimated
revenues together with other available funds on hand to fund the expenditures. The
council must levy sufficient taxes to provide adequate resources for the budgeted
expenditures -in the next ensuing fiscal year. The tax levy resolution must be
certified to the county auditor in accordance with law. The sums fixed in the budget
resolution are appropriated for the purposes identified in the budget resolution.
Section 7.07. Enforcemeht of budget. The manager must enforce the budget.
The manager may not approve an expenditure unless funds for that expenditure are
appropriated by the budget.' The manager may not approve an expenditure
authorized by the budget unless there is a sufficient unexpended balance in the
appropriation after deducting prior expenditures from and current encumbrances
against the appropriation. An officer or employee of the city may not place an order
or make a purchase for the city unless the order or purchase is authorized in the
budget. An obligation incurred by an officer or employee for a purpose not
authorized in the budget or for an amount in excess of the, amount appropriated in
the budget is the personal obligation of the person incurring the obligation.
Section 7.08. Alterations in budget. The council may not increase the
amounts appropriated in the budget resolution beyond the estimated revenues.,
except to the extent that actual receipts exceed the estimated revenues. The council
e an appropriation in the bud t. The council may by a vote
may by resolution reduce ;� I
of at least five members authorize the transfer of sums from unencumbered
appropriations in the budget to other purposes.
Section 7.09. Disbursements. Except for payments which may be made by
wire transfer, disbursements of city funds exceeding $509 as adjusted by section
12.14, must be made by check bearing the manual or facsimile signature of the
mayor, the city manager and the chief financial officer. The city manager must
ID -M7077
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institute safeguards to ensure that checks are issued only by authorized individuals,
for properly authorized public purposes and in compliance with this charter. The
safeguards must also ensure that disbursements under $50, as adjusted by section
12.14, .are approved by persons authorized by the city manager. Each check must
specify the purpose for which the disbursement is made and the fund from which it
is drawn, or a check register must be prepared which contains this information. A
check may not be issued until the claim to which it relates has been supported by an
itemized bill, payroll, or time. sheet approved and signed by the responsible city
officer or authorized city employee who vouches for its correctness and
reasonableness. The council may by ordinance or resolution make further
regulations for the safekeeping and disbursement of city funds. For checks other
than employee wage and expense reimbursement payments, an accompanying check
register must specify the purpose of each disbursement and the fund from which it
is drawn.
Section 7.10. Funds. There must be maintained in the city treasury a general
fund and the funds required by law, ordinance, the budget resolution 'or other
resolution. The council may make inter -fund loans and transfers except from trust
or agency funds or where prohibited by this charter or law.
Section 7.11. Accounting. The city manager is the chief accounting officer
of the city. The manager must keep the council informed of the financial status of
the city. The manager must provide for an annual audit of the city's finances by
either the state auditor or a firm of certified public accountants. A summary of the
audit must be published once in the official newspaper.
Section 7.12. Debt. Except as provided in section 7.13, obligations may not
be'issued to pay current expenses, but the council may issue and sell obligations for
any other.municipal purpose in accordance with law and within the limits prescribed
by law.
DM7077
PL700-112 23
M zk.
Section 7.13. Tax anticipation certificates. At any time after January 1st
following the making of an annual tax levy, the council may issue certificates of
indebtedness in anticipation of the collection of taxes levied for any fund and not yet
collected. The total amount of certificates issued against any fund for a fiscal 'year.
with interest thereon until maturity may not exceed 90% of the total current taxes for
the fund uncollected at the time of issuance. The certificates (i) are issued on such
terms an conditions as the council determines, (ii) bear interest at no more than the
lawful rate and (iii) are due and payable no later than the 1st day of April of the
year following their issuance. The proceeds of the tax levied for the fund against
which tax anticipation certificates are issued and the full faith and credit of the city
must be irrevocably pledged for the redemption of the certificates in the order of
their issuance against the fund.
Section 7.14. Community improvement fund. Subdivision 1. Sources. The
council must create and maintain a separate fund and designate it as the community
improvement fund. Into this fund are deposited the following:
(a) surplus money from the various special assessment funds that
remain after the costs of each improvement project have been fully funded and
bonds issued for the project paid or defeased, and which money has not been
transferred to another separate improvement fund;
(b) collections of special assessments received after an improvement
project has been fully funded and bonds issued for the project paid or
defeased;
(c) investment earnings generated by the money in the fund; and
(d) any other money appropriated by the council or donated to the
city for the purposes of the fund.
Subd . 2. Uses. Expenditures from the fund may be made only for items of a
capital nature. The council must by ordinance provide a procedure for expenditures
DM7or
PLIOO-112 24
0
M-OIX
from the fund. The ordinance must provide that the principal of the fund may be
expended (i) only if the expenditure is a loan that must be repaid, or (ii) if no
further expenditures are made from the fund until the principal has been restored
to its previous amount plus ten percent of the earnings that would have been
generated on the principal at the previous amount. The ordinance must also provide
that the total amount of principal used may not exceed an amount equal to the fund's
actual investment earnings from the two calendar years prior to the expenditure.
The council may alter or remove these restrictions on using principal, but only upon
at least five affirmative votes. The ordinance is not subject to referendum or
initiative .
Subd. 3. Limitations; voter approval. Notwithstanding the provisions of
subdivision 2, the city council may not make an expenditure from the fund in excess
of $3 million, adjusted as provided in section 12.14, for a specific purpose unless the
question of making the expenditure has been approved by a majority of the votes
cast in a regular or special election.
DM7077
MOO -112 25
CHAPTER
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. Powers. The city may make any type of public improvement not
forbidden by law and may levy special assessments against benefitted property to
pay all or a portion of the cost of a local improvement in the manner prescribed by
-law. The special assessments for a local improvement 'may equal the cost of the
Improvements but may not exceed the special benefit to the property assessed.
Section 8.02. Current services. In addition to the provisions of law the
council may provide by ordinance that the cost of city services to streets, sidewalks
or other public or private property may be assessed against the property served and
collected in the same manner as special assessments.
DM7077
MOO -112 26
M -W-PL
CHAPTER
Section 9.01. Acquisition of property. The city may acquire by purchase,
gift, condemnation or otherwise, property within or without its boundaries that may
be needed by the city for a public purpose. In acquiring property by the power of
eminent domain the city must proceed in accordance with law.
DJK37077
PL100-112
27
.0
I
CHAPTER 10 .
FRANCHISED PUBLIC UTILITIES
Section 10.01. Franchises required. Except as otherwise provided bylaw,
a person, firm or corporation may not place or maintain a permanent or
semi-permanent fixture in, over, upon or under a street, highway or public way in
the city for the purpose of operating a public utility or for any other purpose
without a franchise therefor from the city.
Section 10.02. Ordinance. A franchise is granted by ordinance which may not
be an emergency ordinance. An ordinance granting a franchise must contain all of
the terms and conditions of the franchise. A franchise is not valid unless
unconditionally and fully accepted by the grantee and filed with the city clerk.
Section 10.03.Term. An exclusive or perpetual franchise may not be granted
by the city. A franchise for a term exceeding 20 years is not effective unless
approved by a majority of the voters voting thereon at a regular or special election.
Section 10.04. Public hearing. Before a franchise ordinance is adopted or
rates, 'fares or prices to be charged by a public utility are fixed by the council, the
council must hold a public hearing on the matter. Notice of the hearing must be
published at least once in the official newspaper not less than ten days prior to the
date of the hearing.
grantee of the franchise must pay for
Section 10.05. Publication cost. The
publication of the franchise ordinance.
Section 10.06. Power of regulation reserved. Subject to applicable law the
council may by ordinance reasonably regulate and control the exercise of a
franchise, including maximum rates, fares or prices to be charged by the grantee.
The value of the franchise may not be included in the valuation of the grantee'sce)
property in regulating utility rates, fares or prices under applicable law, orduian
WM7077 28
n1DO-112
M - C-�.
or regulation or in proceedings for municipal acquisition of the grantee's property
by purchase or eminent domain. The rights of a grantee under a franchise are
subject to the superior rights of the public to the use of streets and public places .
Section 10.07 . Renewals. An extension, renewal or modification of a franchise
is subject to the same limitations and is granted in the same manner as a new
franchise.
DJK37077
PE100-112
29
M • a -
CHAPTER 11
PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. Acquisition. The city may own and operate a gas, water, heat,
power, light, telephone, transportation, solid waste, hazardous waste, sanitation
or other public utility for supplying its own needs for utility service, for supplying
utility service to private consumers or for.both purposes. The city may construct
the facilities reasonably needed for the utility and may acquire existing utility
properties for the utility. The city manager supervises the operation of city owned
public utilities.
Section 11.02. hates and charges. The council may fix rates, fares and
prices for municipal utilities and services. The council may prescribe the time and
the manner in which payments for all utility services are to be made, may make other
regulations governing utility services and may prescribe penalties for violations of
the regulations.
Section 11.03. Purchase in bulk. In lieu of providing for the local production
of gas, electricity, water and other utilities, the council may purchase the same in
bulk and resell them to local consumers at such rates as it may fix.
Section 11.04. Lease of plant. The council may lease a city owned utility to
a private party for a term not to exceed ten years at rentals and on conditions as
deemed necessary. - The lease must be embodied in an ordinance approved by five
members of the council. The ordinance may not be an emergency ordinance.
Section 11.05. Sale of utility. A public utility owned by the city may not be
sold or otherwise disposed of unless the full terms of the sale or other disposition are
embodied in an ordinance approved by a majority of the voters voting thereon at a
general or special election.
DM7077
PL100-112 30
M -4-A
CHAPTER 12
NMSCEGLANEOUS AND TRANSITION PROVISIONS
Section 12.01. Official publications. The council must annually designate a
legal newspaper of general circulation in the city as the official newspaper.
Ordinances, matters required by law, this charter and other matters that the council
deems necessary for publication are to be published in the official newspaper.
Section 12.02. Oath of -office. Elective -officers of the city and any other
officer so required by law or this charter must, before taking office, take and sub-
scribe to an oath of office in substantially the form required by law.
Section 12.03. Interest in contracts. Except as otherwise permitted bylaw
an officer of the city who is authorized to take part in any manner in a contract with
the city in an official capacity may not voluntarily have a personal financial interest
in or personally benefit from the contract.
Section 12.04. Official bonds. Officers and employees of the city required by
ordinance or law to supply a bond must, before assuming office or employment give
a corporate surety bond to the city as security for the faithful performance of official
duties and the safekeeping of public funds. The bond (i) must be in the form and
amount fixed by the council, (ii) may be either an individual or blanket surety bond,
(iii) must be approved as to form by the city attorney and (iv) must be filed with the
city clerk. Premiums on the bond are paid by the city.
Section 12.05. Sale of real property. Real property of the city must be
disposed of by resolution adopted after ten days' published notice of a public
hearing before the council on the matter. The net proceeds of the sale of real
property must first be used to retire outstanding indebtedness incurred by the city
in the acquisition or improvement of that real property and the balance deposited in
the general fund.
WM7077
PL100-112 31
i
M.�
Section 12.06. Vacation of streets. The council may by resolution vacate
streets, alleys, public ways and public grounds, or parts thereof, in the city. The
vacation may be made after ten days' published notice of a public hearing before the
council on the matter. The clerk must file a notice of completion of the vacation
proceedings with the appropriate county official and in accordance with law.
Section 12.07. City to succeed to rights and obligations of former city. Under
this charter, the city will succeed to all the property, rights and Privileges and will
be subject to all legal obligations of the city under the former form of government.
Section 12.08. Existing ordinances continued. Ordinances and regulations
of the city in force when this charter takes effect and not inconsistent with this
charter are continued in full force and effect until amended or repealed.
Section 12.09. Pending condemnations, improvements and assessments.
condemnation, improvement or assessment proceeding in progress when this charter
takes effect is to be continued and completed under the laws under which the
proceeding was begun. Assessments made by the city prior to the time when this
charter takes effect will be collected as if this charter had not been adopted.
Section 12.10. Ordinances to make charter effective. The council may by
ordinance, resolution or other appropriate action take the necessary steps to make
the provisions of this charter effective.
I
Section 12.11. Present officers continued. The present officers of the city{
will continue in their respective offices under the laws governing the city prior to'
i
the effective date of this charter until the officers provided for by this charter havei
been elected and qualify. Those officers must make such financial and othe
provisions for the fiscal year 1993 as will serve to carry on the government until C
government has been established under this charter and provide for the election of
the first city council as provided in this charter.
DM7077
PL100-112 32
rc\-a
Section 12.12. Effect of charter adoption. Nothing in this charter is to be
construed to modify, abrogate or abridge (i) the rights, duties, liabilities,
privileges or immunities of the city or its officers, (ii) the ordinances and
resolutions of the city in effect on the effective date of this charter or (iii) the
qualifications or terms of office of city officers as they existed prior to the effective
date of this charter, except as otherwise specifically provided in this charter. This
charter is not to be construed to affect, modify or repeal any special law of the state
applicable to the city of Plymouth.
Section 12.13. Special transitional matters . Subdivision 1. Wards. The
initial wards of the city are described as follows:
Ward 1. Precinct Nos. 1, 6, 8, 9 and 10
Ward 2. Precinct Nos. 2, 3, 4, 5 and 7
Ward 3. Precinct Nos. 11, 12, 14, 17 and 18
Ward 4. Precinct Nos. 13, 15, 16, 19 and 20
Precincts are those established by council resolution and existing as the
effective date of this charter. The council may not modify precinct boundaries prior
to December 31, 1993, unless required by law or court decision.
Subd. 2. Elections; coordination of terms. It is the intent of this charter that
the transition from the statutory city schedule of elective officers and their terms
to the schedule and system of elections set by this charter take place (i) in an
orderly manner, (ii) with no adjustment of terms of office in effect on the effective
date of this charter and (iii) in a manner such that a transition to the elective scheme
described in section 2.04 and chapter 4 of this charter be fully in effect as soon as
practicable. To carry out that intent the following schedule of elections and terms
of 'office set forth in subdivisions 3, 4 and 5 is to be followed.
Subd. 3. 1993 election. There will be a regular city election on the first
Tuesday after the first Monday in November, 1993. At that election:
DM7077
PL100-112 33
I a) the mayor is to be elected fora term of three years;
b) two at -large council members are to be elected, one for a term of
three years and one for a term of two years; the candidate receiving the
highest number of votes for at -large council member at that election is elected
for the three-year term;
c) Ward 1 and Ward 3 council members are to be elected each for a
.. term of three years;
d) the incumbent council member residing in Ward 2 on the date of
the 1993 election is deemed to be the council member from Ward 2; and
e) the incumbent council member residing in Ward 4 on the date of
the 1993 election is deemed to be the council member from Ward 4.
If a council member vacancy exists in Ward 2 or Ward 4 during the period
t
between the effective date of this charter and the date of the election in 1993, the
council must appoint a person residing in the applicable ward to fill the vacancy for
the balance of the unexpired term.
Subd. 4. 1995 election. There will be a regular city election on the first
Tuesday after the first Monday in November, 1995. At that election:
a) one council member at -large is to be elected for a term of three
years to succeed the at -large council member elected for the two-year term in
1993;
b) Ward 2 and Ward 4 council members are to be elected each for a
term of three years.
Subd. 5. 1996 election. At the regular city election in 1996:
a) the mayor is to be elected for a term of two years;
b) one council member at -large is to be elected for a term of four
years to succeed the at -large council member elected for the three-year term
in 1993; and
aJK37o77
nioo-iu 34
E'.
C) Ward 1 and Ward 3 council members are to be elected each for '
terms of four years.
Subd . 6. Extraordinary vote requirements . During the period from the
effective date of this charter until December 31, 1994, (i) a council action requiring
approval by five members of the council must be approved by four members of the
council and (ii) provisions of law requiring an extraordinary majority of council
votes are to be applied to a council consisting of five members.
Section 12.14. Adjustments. The monetary limits in sections 4.05, 5.01,
subdivision 3, 7.09 and 7.14 are to be adjusted upward or downward in each year
ending in zero by application of a consumer price index published by an appropriate
agency of the United States government for the Minneapolis/St. Paul metropolitan
area. The calculation of the adjustment must be made by a qualified person selected
by the city council. The amount of the adjustment must be certified by the clerk to
the city council prior to December 31 of the year in which the calculation of the
adjustment is made.
Section 12.15. Amendment. This charter may be amended only in the manner
provided by law.
Section 12.16. Effective date. This charter is effective on January 1, 1993.
DM7077
PLIOO-112 35
STATE OF MINNESOTA)
• • W 1:4 N TI NWWO
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the attached Charter for the City of
Plymouth that was adopted on November 2, 1992, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
10th day of November, 1992.
CGGl1Lcc.• �? �'�l�
ity Clerk
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AGENDA
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
DECEMBER 15, 1992 AT 6:30 p.m.
1. Call to Order
2. Approval of Minutes from November 17, 1992
3. Public Hearing on Increased Funding for CDBG Year 19
4. Public Hearing on Financing of a Senior Housing Project for 100 Rental
Units
5. CHAS Performance Report
6. Status Report on Senior Housing
7. Information Items
a. Section 8 Statistical Report for November 30, 1992
b. Section 8 Financial Report for 7/1/92 - 10/31/92
8. Other Business
9. Adjournment
(hra/dh/12-15)
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I INDEPENDENT SCHOOL DISTRICT 284
WAYZATA, MINNESOTA
PUBLIC HEARING - DECEIVER 14, 1M - 7:00 P.M.
WAYZATA HIGH SCHOOL - SMALL CAFETERIA
305 VICKSBURG LANE, PLYMOUTH
AGENDA
1. Call to Order - 7:00 p.m. at Senior High Small Caf
2. Purpose of Hearing - Paul Landry, School Board Chair
3. Presentation of 1992 Payable 1993 Levy Information -
Jerry Vogt, Executive Director, Finance and Business Services
Cliff Hoffman, Deloitte & Touche
4. Public Hearing - Paul Landry, Board Chair
Rules of Conduct:
- Come to microphone to address the School Board
- Begin remarks by giving name and address
- Limit remarks to 3 minutes until all have had opportunity to sl
S. Certify Property Tax Levy 1992 Payable 1993
6.
5:01 Q m. at District Administration Building
LMB/1
12/8/92
NOTE: This public hearing Will be followed at 7:30.p.m.
School Board Meeting.
ieak
by the Regular
M - �v `
INDEPENDENT SCHOOL DISTRICT 284
WAYZATA, MINNESOTA
MISSION STATEMENT
THE MISSION OF THE WAYZATA SCHOOL DISTRICT IS TO
PREPARE ALL STUDENTS FOR THE FUTURE BY PROVIDING
A CHALLENGING EDUCATION WHICH BUILDS ACADEMIC
COMPETENCE, ENCOURAGES CREATIVITY, PROMOTES
LIFELONG LEARNING, ADVANCES CRITICAL THINKING
SKILLS, INSTILLS A COMMITMENT TO PERSONAL
WELLNESS, AND FOSTERS RESPECT FOR SELF AND OTHERS.
INDEPENDENT SCHOOL DISTRICT 284
Wayzata, Minnesota
BOARD OF EDUCATION
Regular Meeting - December 14, 1992
W
1. Call to Order - 7:30 p.m. at Wayzata High School Small Cafeteria
2. Approval of Minutes
3. Approval of Agenda
4. Recognitions
a. Employee of the Month
b. Others
5. Audience Opportunity to Address School Board
a. Student Councils
b. Parent-Teacher Groups
C. Others
6. Superintendent's Reports and Recommendations
a. Superintendent
1) District Goals for 1992-1993
2) Resolution: Reinvest in America - A New Priorities Proclamation
b. Academic Services
No items for this section.
C.
Finance and Business Services .
1) Finance and Business Recommendations
2) Monthly Financial Report
3) Award Fixed Asset Proposal
4) Resolution Approving the Issuance of General Obligation Tax Anticipation
Certificates by Intermediate District 287
d. Human Resource Services
1) Human Resource Recommendations
7. Other Board Action
a. Appointment to Labor -Management Committee
8. Board Reports
9. New Business
10. Adjourn
LMB/1
POSTED: 12/8/92
NOTE: This meeting will be preceded at 7:00 p.m. by the Public Hearing on
Proposed 1992 Payable 1993 Property Tax Levy.
I
INDEPENDENT SCHOOL DISTRICT 281
Robbinsdale Area Schools
Learning for a lifetime of growing
GOVERNMENT ADVISORY COUNCIL
Wednesday, December 16, 1992
Cabinet Room - 7:30 a.m.
A 6 E N D A
1. Summer activities - Vern Ege
2. Kids Are Us - Sandra St. Germain
3. Mielke Field
4. Scheduling buildings for community park
and recreation activities
If you have an item you would like on this agenda or if you are unable to
attend this meeting, please call Sue Laughrey at 533-2781, ext. 220.
Linda Powell
Superintendent
4148 Winnetka Avenue North
New Hope, Minnesota 55427
(612) 533-2781
AN EQUAL orroR7UNIIY EMPLOYER
AGENDA
Thursday - December 17; 1992
6:00 PM
Minneapolis Golf Club
Meeting Room: To be announced
CALL TO ORDER
• w ,i
PRESENTATION OF NOVEMBER MINUTES
PRESENTATION OF FINANCIAL STATEMENTS
PRESENTATION OF INVOICES FOR PAYMENT APPROVAL
COMMUNICATIONS
Chairman
Counsel -
Commissioners '-
Corps of Engineers f
Engineer
NEW BUSINESS
• National Flood Insurance Program - Golden Valley (see enclosure)
OLD BUSINESS
ADJOURNMENT
M-9
BASSETT CREEK WATER MANAGEMENT COMMISSION
Minutes of the Meeting of November 19, 1992
Call to Order:
The Bassett Creek Water Management Commission was called to order at 11:40 AM, Thursday,
November 19, 1992, at the Minneapolis Golf Club by Chairman Peter Enck.
Roll Call: Crystal:
Golden Valley:
Medicine Lake:
Minneapolis:
Minnetonka:
New Hope:
Plymouth:
Robbinsdale:
St. Louis Park:
Commissioner Bill Monk
Commissioner Ed Silberman
Commissioner John O'Toole
Commissioner Marvin Hoshaw
Not represented
Commissioner Peter Enck
Commissioner Fred Moore
Not represented
Commissioner Don Rye
Engineer: Len Kremer
Counsel: Curt Pearson
Recorder. Elaine Anderson
(Mr. Joel Settles, District Manager, and Dr. James Pigat, Hydrologist, both of
the Hennepin Conservation District, attended part of the meeting.)
Approval or Correction of Minutes:
Mr. Silberman corrected the October minutes as follows: On page 4, Item 2, the location is 600 feet
east of Douglas Drive. On Page 2, Counsel, Item 3, the last sentence should be changed as follows:
"An appraisal is not necessary, in his opinion, prior to acquisition of the easement. He also stated that
the second to the last paragraph, page 5, item 3, was incorrect and should be omitted. Mr. Donahue
on page 6 (Adjournment) should be changed to Mr. Ruffenach. With these corrections, Mr.
Silberman moved approval. Seconded by Mr. Rye. Carried unanimously. (Corrected minutes will
be mailed with the December packet.)
Financial Statements:
Mr. Silberman presented the Treasurer's Report as of November 19, 1992, showing a checking
account balance of $12,938.50, an investment balance of $294,096.86, a construction account
balance of $1,694,754.87 plus the $5,000 which is earmarked for Medicine Lake, and a construction
escrow account balance held by Minneapolis totaling $487,000 (as of November 1, 1992). The
Commission also holds $17,001.711 (as of October 15, 1992). Mr. Silberman said there is
commercial paper due on December 14 of approximately $1,000,000 which needs to be reinvested.
It was moved by Mr. Hoshaw and seconded by Mr. Rye that the money be re -invested. Carried
unanimously.
Presentation of Invoices for Payment:
It was moved by Mr. Silberman and seconded by Mr. Monk that the Barr Engineering Company
invoice for the Mississippi River Stormwater inflow covering the period October 4 through 31, 1992,
totaling $2,421.97, be approved for payment subject to arithmetical verification. Carried
unanimously.
It was moved by Mr. Silberman and seconded by Mr. OToole that the -Barr Engineering Company
invoice for services and expenses covering the period October 4 through 31, 1992, totaling
$21,000.62 be approved for payment subject to arthmetical verification. Carried unanimously.
It was moved by Mr. Silberman and seconded by Mr. Hoshaw that W. Howard Lawrence's invoice
for $3,000 for work through November 16, 1992, be approved for payment. Carried unanimously.
a.
Mr. Silberman had received a proposal from Mr. Babcock
approximately $275. He moved that this audit be ordered.
unanimously.
Communications:
to do the audit for the 1992 fiscalear for
Seconded by Chairman Enck and carried
Chairman: I.
1. Chairman Enck had a telephone call from David Anderson, Chairman of the Hennepin
Conservation District (HCD) and Alternate Commissioner on this Commission representing the
City of Crystal. Mr. Anderson addressed the concerns the Commission had expressed regarding
the groundwater plan being proposed by the Hennepin Conservation District. �hainnan Enck
introduced Mr. Joel Settles, District Manager, and Dr. James Pigat, Hydrologist, of the Hennepin
Conservation District. Mr. Settles made a presentation of the present status of the plan. He says
they are working under a legislative mandate and are anticipating receiving a lot of comments. He
says the goal is a coordinated approach to groundwater management. He noted that we had I
questioned the costs and he said HCD will be providing technical data to the cities without cost.
He did not think that the cost of implementing the plan would be in the range of $75,000 as an `
ongoing annual cost. He said a great deal of discussion has gone into the plan in its preparation.
Dr. Pigat was asked what would happen if a city chooses not to join a Joint Powers agreement
being assembled to implement the plan. He said the plan can operate as soon as there are two
cities forming the Joint Powers group. It won't be delayed until everyone signs a Joint Powers
Agreement. Counsel questioned the statement that the organization could operate with two
members and suggested that the plan wouldn't work until allcities are included. Dr. Pigat said the
HCD could go back to the Legislature to say the plan isn't working. He said they weren't fully
satisfied with what was being proposed but said they didn't have any better suggestions. He said
he would appreciate any suggestions or ideas on how to implement the plan. He told the j
Commissioners that when they talk to the cities, if they need clarification they should not hesitate
in calling either Mr. Settles or him and they would arrange to meet with them
Mr. Moore said that Shingle Creek and West Missippi WMOs are asking for an extension. Mr. �
Pearson said that Shingle Creek, West Mississippi, and Bassett Creek are getting together asking
for 60 or 120 days to review the plan. Mr. Settles said the dates were set by statute and that we
would have to go through the Board of Water and Soil Resources (BWSR). Mr. Pearson said
they should end up with a better plan if there can be input before the plan is adopted.
Mr. Kremer said he had been in contact with the reviewer of the plan who had indicated that the ii
state agencies were going to try to complete their review at the same time as BWSR and suggested
this is moving fast. Mr. Settles said the state agencies are busy also and have informed them they
can't start until the 60 days are up. I
Mr. Pearson gave Mr. Settles a copy of the resolution"adopted by the Shingle Creek and West
Mississippi WMO's requesting an extension of time to study the plan and its accompanying letter
to HCD. f
Mr. Silberman asked if they had funds to give to the cities. He was told they did not have a
source of funds but would provide technical data to cities.
Mr. Monk questioned whether it is mandatory to join the HCD. The HCD representative said
there is no penalty for not joining.
Mr. Settles said they wish to work with the cities. Mr. Moore said that may be the intent but that
it is not the way the plan is written. After BWSR approves the Hennepin County Groundwater
Plan, the County has to adopt and implement the groundwater plan within 120 days.
Mr. Settles said the plan could essentially be adopted by reference by the WMOs and the cities.
He also stated that exclusionary zoning is the only way to handle it.
Yn -g
Dr. Pigat said the Resolution for an extension of the review period should be directed to the Board
of Water and Soil Resources. He said HCD couldn't extend time. Mr. Pearson said if they have
the discretion to do the plan, they should have the discretion to extend the review period. Mr.
Settles said he will bring up an extension request tonight during discussions with the HCD
Board.
After Mr. Settles and Dr. Pigat had left the meeting, Mr. Pearson brought up a proposed
resolution asking for an extension of time to review the proposed plan. He said that the way it is
proposed, preparation and implementation of a local plan will be trouble for the developed as well
as for the undeveloped communities and that many municipalities will not join the Joint Powers
Group. After more discussion, it was moved by Mr. Rye and seconded by Mr. Hoshaw that
Resolution 92-5 be passed asking for a 120 day extension for the review of the Hennepin County
Improvement Plan. The resolution carried unanimously: Commissioners Monk, Silberman,
OToole, Hoshaw, Enck, Moore, and Rye voted affirmatively. There were no dissenting votes.
Commissioners Sonnenberg and Ruffenach were absent.
Communications - Commissioners
1. Mr. OToole said he had seen the five minutes presentation on Bassett Creek on cable about six
times. Chairman Enck noted that the cable company will give the City of New Hope half an hour
to discuss the Commission and its activities on the Public Information channel at no cost. He
asked if we should be preparing a well done 30 -minute documentary to be given to each of the
cities for presentation on that free 30 minute slot. Mr. Silberman suggested that on WCCO at ten
o'clock there is a Communities Studies slot. Mr. Kremer says we have enough data so that a tape
could be put together. Chairman Enck asked Mr. Kremer to prepare an estimate of what a 15 -
minute presentation on cable would cost.
2. Mr. Monk congratulated the attorney for his work on our receiving the 2.1 million in credits for
the Wirth Park easement. Mr. Pearson said that Mr. Lawrence had done an excellent job. Mr.
Monk said he had been impressed with what Mr. Pearson had accomplished.
Mr. Pearson said he had talked to'Mr. Yoder and to the Golden Valley Country Club, and the
Club wants to get the Golden Valley easement in place by December 15. W. Pearson would like
the Chairman to meet with the Colonel, W. Haumersen and the real estate people to discuss the
right to use an appraiser of our choice for future appraisals, and we should not be required to
select an appraiser from a small limited list. The Commission should reiterate their strong position
that the right to select an appraiser should be accepted by the Corps and that the Corps should
outline Corps requirements to the appraiser at the outset of the appraisal. Mr. Silberman asked
what difference it makes whether we take a new appraiser or not. W. Pearson said it could make
a big difference.
Engineer:
Mr. Kremer informed the Commission that the Metropolitan Council has asked for information from
the Commission about physical characteristics of the Bassett Creek watershed. They will use the data
to prepare a model of the entire metro area tributary to the Mississippi River. The results of the model
will be used to set target pollution loads for each of the tributary watersheds including Bassett Creek.
It was moved by Mr. Silberman and seconded by Mr. Rye that we authorize Mr. Kremer to respond
to the Metropolitan Council. Mr. Kremer said it would take from 6-8 hours to prepare the response.
The motion carried unanimously.
New Business
1.
M .4z
4
Plymouth Creek Park Pond. In the discussion, it was suggested that we use $7,000 from our I
construction funds to supplement money we get from Hennepin County to order the Plymouth
Creek Park Pond improvement project and preparation of plans. There was brief discussion about
the potential for a conflict of interest with Barr doing work for both Plymouth and the �do Commission. Mr. Pearson stated that in his opinion there is not a conflict because theCommission initiated the improvement and has prepared the plans and is directing Plymouth to
the work. Mr. Moore moved that the Commission does not find it a conflict of interest for
Plymouth to hire Barr Engineering to prepare the plans and specification as it makes good
economic sense to prevent redundancy of charges and work. Seconded by Mr. Silberman and
carried unanimously.
Commissioner Moore then introduced the following resolution and moved its adoption.
Resolution 92-4. OrderingImprovement and Preparation of Plans
PLYMOUTH CREEK ARK POND IMPROVEMENT PROJECT
WHEREAS, a resolution of the Bassett Creek Water Management Commission adopted the:
24th day of September, 1992, fixed the 19th day of November, 1992, as the date for a public hearing
on the following proposed improvements: j
Improvements of the Plymouth Creek Parr Pond/Fembrook Lane wetland to increase the de
storage capacity of the wetland in order to improve the phosphorous removal efficiency of the
pond/wedrnd. The dead storage capacity of the weLand will be increased by dredging and by .
increasing the normal water elevation of the wetland by modifying the existing outlet structure,
WHEREAS, all members of the Bassett Creek Water Management Commission were
provided with mailed notice of this hearing at least 45 days in advance of this hearing pursuant to
Article VII, Subd. 5 of the Joint Powers Agreement creating this Commission; and
ad
WHEREAS, the Bassett Creek Water Management Commission engineers have presented a'
feasibility report and have explained the proposed improvements and the estimated cost to each
member municipality, and
WHEREAS, each member has had an opportunity to be heard and to provide this
Commission with data and input relating to the proposed improvement; and
WHEREAS, the majority of the costs of this project are to be paid for by a donation from the
General Mills Foundation and from funds contributed by Hennepin and, if a small amount of
additional funds are necessary, the Commission has sufficient funds on hand so that an assessment is
not necessary. I
NOW, THEREFORE, BE IT RESOLVED BY THE BASSETT CREEK WATER
MANAGEMENT COMMISSION:
1. Such improvements as set out above and for the areas as above indicated are hereby
ordered as proposed in Commission Resolution adopted September 24, 1992.
2. The aforementioned improvement shall be paid for by funds donated by the General Mills
Foundation and by Hennepin County, and if additional funds are necessary they shall come from the
construction account and from Commission reserves.
3. The City of Plymouth is hereby designated as the project manager to prepare the plans and
specifications for this improvement.
4. The Commission shall be provided with an estimated time schedule for the construction of
the improvement.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
_ ....._.. Silberman, and upon vote being taken thereon, the following voted in favor thereof:
Commissioners Monk, Silberman, O'Toole, Hoshaw, Enck, Moore, and Rye.
(requires a favorable vote of 6 Commissioners)
The following voted against the same: None.
The following were absent: Commissioners Sonnenberg and Ruffenach.
whereupon the resolution was declared duly passed and adopted. .
(Original signed by chairman and attested by Secretary).
Mr. Pearson was directed to prepare a letter agreement to be sent to Plymouth to commence the work.
He is also to advise Plymouth that the Commission does not see a conflict in Barrs doing the
engineering.
2. Chairman Enck had been contacted by Marsha Videen, a member of the East Parkers Lake
Improvement Association. She was in attendance and made a brief presentation asking that the
Commission consider completing a lake management study of Parkers Lake during 1993. She
stressed the fact that Parkers Lake has public access which is a good reason for the Commission
to work on keeping it as a Level l recreational lake. She said most taxpayers would like to see
money going to help a public lake rather than a private lake. A study of Parkers Lake has not
been included in the proposed Bassett Creek Watershed 5 -year water quality plan for Parkers
Lake. Chairman Enck told her that we were not prepared to talk about funding today but that we
appreciated her suggestions. The lake is wholly within Plymouth. The lake association is
primarily concerned with a 96 -inch storm sewer which discharges to the northeast comer of the
lake. Trash, litter and sediment are often a problem after storm events. Barr has recently collected
water quality samples from the lake but the data has not yet been analyzed.
3. Hampshire Avenue Crossing. A request was received for review of a bridge replacement plan at
Hampshire Avenue in the City of Golden Valley. Due to deterioration of the existing structure,
The City proposed to replace the bridge with a 6x8 foot double box culvert. The crossing is
located on the Main stem of Bassett Creek downstream of the Golden Valley Golf Club. The
management envelope upstream and downstream of the crossing is 873.0 and 872.5, respectively.
Mr. Kremer recommended approval providing flood stages are not increased due to three new
culverts. A diversion and dewatering plan should be submitted for review prior to installing the
structure.
Upon the engineer's recommendation and with his stipulations, Mr. Silberman moved approval of
the bridge replacement plan. Seconded by Chairman Enck, and carried unanimously.
Z
M-%
4. Robbinsdale - North Memorial. This is a 15 acre plot on the boundary between Bassett Creek and
Shingle Creek. A little less than two-thirds of the plot is in Bassett Creek. They are asking for
comments on an Environmental Assessment Worksheet. They are redeveloping portions of their
propertie0nedical facilities. There is a minimal impact on water quality. The quantitative effect
has not been addressed. Mr. Kremer suggested that we look at whether or not the change would
have any effect on the surrounding storm sewer systems. In the discussion it was pointed out that
we have been concerned about the redevelopment of land and have asked other developers doing
the same thing to try to take steps to improve water quality. It was asked whether it would have
any impact on the Grimes Avenue pond or on Rice lake. Chairman Enck asked whether there
could be a holding or settling pond to improve the water quality. Mr. Pearson said that Shingle
Creek directed their technical adviser to inform the hospital that under Shingle Creek Commission
policies when redeveloping they are required by Shingle Creek Commission standards to improve
their water quality. In Bassett Creek there is a regional water quality storage in Rice Lake. It was
suggested that impact of the redevelopment on stormwater systems serving the area and the
downstream ponding be evaluated Mr. Moore suggested that we look at making improvements
of the existing situation and that this looks like a candidate for improving water quality. The
Commission's charge is the enhancement of water quality.
5.
After further discussion, it was moved by Mr. Moore that we comment and suggest measures be
taken to improve water quality and that they must come back for a final review. We encourage
them to consider upgrading the water quality of surface waters coming from the site. Seconded
by Mr. Rye and carried unanimously.
Mr. Rye brought up a meeting that had been held by a local law firm and a couple of consultants
this morning regarding the proposed formation of an association to prepare a technical and legal
review of the proposed wetland conservation regulations. They thought this went far beyond
what was necessary and suggested that there should be some technical and procedural review to
present a statement to BWSR. Mr. Enck asked if we shouldn't find out if anyone else is -
reviewing the regulations and whether we should authorized up to $1,000 for a technical and legi
review. Mr. Kremer said he will follow up with the people from the League of Minnesota
Municipalities and contact the Commissioners regarding any reviews being completed
Adjournment
It was moved by Mr. Moore and seconded by Mr. Rye that the meeting adjourn. Chairman Enck
adjourned=the meeting at 2:35 PM.
Peter Enck, Chairman
Donald Rye, Secretary
Elaine Anderson, Recorder
Date:
M -k
BASSETT CREEK WATER MANAGEMENT COMMISSION
Minutes of the Meeting of October 15, 1992
Call to Order:
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 Valley:
Commissioner Ed Silberman
Medicine Lake:
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)
Approval or Correction of Minutes:
Mr. Silberman corrected the September minutes as follows: the second by W. Donahue on page 6
should be changed to Mr. Ruffenach. With this correction, he moved approval. Seconded by Mr.
Johnson. Carried unanimously.
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 end of the year depends on
how cities handle their stormwater management plans.
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.
MI 4Z
2
Communications:
Chairman: V
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. i
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 Mr.
Yoder and Mr. Spychalla. An appraisal is not necessary, in his opinion, 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 Golf Course as $600,000. 1
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 elected officials or their staffs
M-19
Commissioners:
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 -Chairman 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 acres 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 followed. Mr. Kremer recommended 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.
Mr. Hoshaw moved approval on the basis of the engineering recommendations. Seconded by
Mr. Johnson and carried unanimously.
4
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 east 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 Creek. 1
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 included
in the Bassett Creek Wetland Inventory. Mitigation of these areas will be a local responsibility. I
Mr. Kremer re_ commended 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 1
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.
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 flood plain
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 100%.
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
plans for some reason. In the discussion, it was pointed 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 certain designs for the Highway 100 improvement,.
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.
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 was moved by Mr. Rye and seconded by Mr. Moore that the meeting adjourn. Chairman Enck
adjourned the meeting at 1:35 PM.
Peter Enck, Chairman
Donald Rye, Secretary
Elaine Anderson, Recorder
Date: '
December 8, 1992
Mr. Kim Bergman
3400 Plymouth Blvd.
Plymouth, MN 55447
1
Metropolitan Waste Control Commission
Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633
$1
Re: Elm Creek Interceptor Facility
MWCC Project Number 900400
Planning Meeting on December 16, 1992
612 222-8423
DEC s y
You are invited to attend and participate in a meeting to discus's
the conclusions of the Elm Creek Interceptor Facility Plan. The
meeting is scheduled for Wednesday, December 16, 1992 at 6:30 p.m.I.
at the new Brooklyn Park City Hall, 5200 85th Avenue North (County
Road 109 at Regent Avenue). See enclosed map. I
We plan to review the final conclusions and recommendations of the
Elm Creek Facility Plan. Our agenda will allow time before and
after the formal presentation to review plan documents/maps and to
discuss issues of your particular interest. Our discussion will
focus on the relevant issues which involve adoption of this
facility plan.
Please feel free to call me at 229-2168 if you have any questions
Sincerely,
Frederic J. Stenborg, P.E.
Project Manager
FJS/sma
Ll
Enclosures
CC: Jack Frost, Metropolitan Council
Bob Schunicht, B.R.A.
Equal Opportunity/Affirmative Action Employer
0 i4)
m•q
ELM CREEK FACILITY PLAN
PLANNING MEETING
Wednesday, December 16, 1992
6:30 p.m.
Brooklyn Park City Hall
Main Council Chambers
AGENDA
I. Open House: Review of Planning Documents & Maps 6:30-7:30 p.m.
II. Introductions: Fred Stenborg 7:30-7:40 p.m.
Metropolitan Waste Control Commission
III. Study Conclusions: Bob Schunicht 7:40-8:00 p.m.
Bonestroo, Rosene, Anderlik & Associates
IV. Questions/Discussion: All 8:00-8:30 p.m.
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CITY COUNCIL -DEC 12 - 25
December 1992
December 12
1:SATURDAY
E)eceMber
S M T
December 19
8:00am City Manager Finalist Interviews
1 2 3
4
December 13
6
Hanukah
December 20
.
9
10
11
December 14
-.-Mo
14
December 21
7:00pm CHARTER COMMISSION
17
14:00pjia*COUNCIL STUDY. SESSION '-k
6:30pm PLYMOUTH FORUM
19
20
21
7:00pm COUNCIL MEETING
23
24
25
26
December 15
,'TUESDAY
29
December 22
6:30pm HRA
6:45pm PLANNING FORUM
7:00pm PLANNING COMMISSION
December 16
JWEDNESDAY
J
December 23
7:30am "Dist. 281 Government Advisory Council
6:30pm **Metro Waste - Elm Creek Interceptor
"Employee Holiday Buffet -City Center 11:30 - 1:00
Meeting
December 17
I -THURSDAY
December 24
6:00prn "Bassett Creek Water Mgmt Commission
December 18
1, FRIDAY
December 25
Christmas - Offices Closed ;
—january 1993
S S M T W T F
23456718
9 10 11 12 13 14 15
16 17 18 19 20 21 22
M
23 24 25 26 27 28 29
30 31
*REVISED MEETING **NEW MEETING 12/11/1992
—
S
E)eceMber
S M T
1992
W T
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S S M T W T F
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*REVISED MEETING **NEW MEETING 12/11/1992
f NN NO
CITY COUNCIL - DEC 26 - JAN 8
December 1992 -January 1993
December 26 SATURDAY:
I January 2
t
December 27 '.SUNDAY..::
January 3
December 28 : MONDAY
January 4
7:00pm COUNCIL MEETING
I
T
December 29 ,.TUESDAY :` January 5
1:00pm **Blood Drive - City Center 7:00pm WATER QUALITY COMMISSION
December 30 IWEDNESDAY1
January
6
December 31 IT-HURSDAY1
New Year's Eve
January 7
January 1 FRIDAY.:. I January8
New Year's Day
2
S
January
S M T
uecemuer
F
S
S
M
T
W
T
F
4
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6 7
1
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*REVISED MEETING **NEW MEETING 12/11/1992
._.._. _..._.._...._...._.
m ,o
CITY COUNCIL - JAN 9 - 22
January 1993
January 9 :.SATURDAY-
January 16
January 10
' SUNDAY
--j
January 17
January 11 1
.. MONDAY
January 18
Martin
Luther King Day - City Offices Closed
January 12
-`:TUESDAY
j
January 19
7:00pm BOARD OF ZONING
6:30pm HRA
January 13 IWEDNESDAY
January 20
4:00pm FINANCIAL ADVISORY COMMITTEE
7:00pm PLY. ADVISORY COMMITTEE TRANSrr
7:00pm PLANNING COMMISSION
January 14 ITHURSDAY1
January 21
7:00pm PRAC
January 15
FRIDAY
January 22
January
S S M T W T F
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
*REVISED MEETING **NEW MEETING
February
S S M T W T F
1 2 3 4 5
6 7 8 9 10 11 12
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12/11/1992
December 8, 1992
Sir FirstName LastName
Company
Address
CIN OF
PLYMOUTR
SUBJECT: INSPECTION OF CITY PROJECTS
Dear FirstName:
It has been suggested that the City staff meet with our design consulting
engineers and their project inspectors to identify ways of potentially
improving our inspection process. I am requesting that you, as well as your
project inspector(s), attend a meeting for this purpose. I am suggesting
that we meet here at City Hall on Friday, December 18 at 9:00 a.m.
_ t
I would like to conduct this meeting in an open forum type atmosphere with
an exchange ,of ideas from the four consulting firms who will be in
attendance as well as input from the staff. I would like to discuss thing's
that we have done well and areas where there is potential for improvement.
Some items you may be thinking about prior to the meeting include: the
appropriate amount of project inspection; publically identifying who the
project inspectors are; the appropriate amount of traffic control including
the inspector's responsibility; the contractor's daily work schedule,
particularly work after dark; and any safety concerns. These are just a fe'w
issues to be thinking about and hopefully you will have others to share.
I
I am looking forward to our meeting and cooperative effort in hopes to
better serve the public and produce a better end product. Please let me
know as soon as possible if you will be unable to attend this scheduled
meeting.
For your information, I am requesting all those who receive a carbon copy of
this letter be in attendance at our Friday December 18 meeting. '
Sincerely,
/4-
a, j
Daniel L. Faulkner, P.E.
City Engineer
DLF:kh
cc: Fred G. Moore, Director of Public Works
Frank Boyles, Acting City Manager
Daniel K. Campbell, Sr. Engineering Technician
Ken Johnson, Engineering Aide
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
Cls Sir FirstName LastName Company Address
c The attached letter was sent to the following list of
consulting engineers on
December 8, 1992
c Mr. Dan Edgerton
BONESTR00, ROSENE, ANDERLIK & ASSOC., INC.
2335 W. Trunk Highway 36
St. Paul, MN 55113
c Mr. Jim Dvorak
STRGAR-ROSCOE-FAUSCH, INC.
Suite 150
One Carlson Parkway North
Plymouth, MN 55447
c Mr. John Karwacki
SCHOELL AND MADSON, INC.
10580 Wayzata Boulevard
Minnetonka, MN 55343-5482
c Ms. Sue Mason
SHORT, ELLIOTT, HENDRICKSON, INC.
3535 Vad'nais Center Drive
St. Paul, MN 55110
Z =3
CITY OF PLYMOUTH
PLANNING COMMISSION MEETING
NOVEMBER 18,1992
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Dennis
Zylla, Scott Syverson (arrived at 7:10 p.m.), Michael
Wigley, Roger Scherer, Barb Stimson, and Ed Albro
MEMBERS ABSENT: None
STAFF PRESENT: Director Chuck Dillerud, Planning Secretary Jackie
Watson
MINUTES
MOTION by Commissioner Zylla, seconded by Commissioner Stimson to approve the
Planning Commission Minutes of November 4, 1992.
Vote. 4 Ayes. Commissioners Wigley and Stulberg abstained.
GOFF HOMES, INC. (92097)
Chairman Stulberg introduced the request by Goff Homes, Inc. for a Residential Planned
Unit Development Concept Plan for Rockford Estates located at the west side of Xenium
Lane and 37th Avenue North.
Director Dillerud reviewed the November 6, 1992 staff report.
Chairman Stulberg introduced Mr. Pat Goff the petitioner
Mr. Goff stated that the proposed private street is to serve townhome units on private
lots. He said that the reason he would use the description of condominum for the units
even though they will be townhomes, is just a difference in perception which would then
allow him the option to install private streets.. There will be a Homeowner's Association
from the very beginning. He said that the financing probably will be FHA or VA and
would require reserve funds for driveway coating and other upkeep requirements, such as
curbing, sod, roofing, and plantings, which would be a part of each members dues. This
way the members would not come back to the City asking for maintenance. He stated that
new associations will be audited every 2 years by FHA to verify compliance.
Commissioner Stimson asked if private streets are required for condominiums.
Mr. Goff answered that they are not a requirement.
IM. -.3
Planning Commission Minutes
November 18, 1992
Page #281
Commissioner Zylla asked if private streets were requested because they would be unable
to meet the setback requirements.
Goff stated that his plan was to get the buildings as far away from the freeway and
Xenium Lane as possible, allowing space to build a berm to buffer the freeway.
Commissioner Zylla asked what the proposed front setbacks are and if the private streets
will be narrower than a public street..
Mr: Goff stated that the setback from the end of the garage to the blacktop would be 20-
24 feet. Mr. Goff stated that the site is so narrow that a public street would be difficult,
and he could only get about half of the proposed units on the site --only about 37 units
versus the proposed 60 units.
Chairman Stulberg opened the Public Hearing.
Chairman Stulberg introduced Mr. Howard Juel, of 3615 Wedgewood Lane North,
representing the Xenium Lane Homeowners Association.
Mr. Juel stated that this new proposal does address some of the concerns of the Xenium
Lane area homeowners such as landscaping, but the homeowners still have many
concerns.
Mr. Juel stated that this proposal lacks compatibility with their neighborhood which will
affect their quality of life. He said that the proposed medical center and the Northwest
Business Campus are also concerns. Mr. Juel said that the issues relate to transition and
the length of time the full project will take; and whether this type is housing is really
needed. He said that the homeowners had asked that the current zoning be reviewed by
the Commission, and this has not been done.
Mr: Juel stated that, because of the intersection at Rockford Road, traffic will be heavy on
Xenium causing traffic problems for the neighborhood. He stated that Heritage West and
Westwood Ridge are two other developments within this area that also impacted by the
traffic. He said that the excessive traffic will create a negative impact on property values.
Mr. Juel requested that this proposal be delayed until the zoning of this parcel is reviewed.
The following citizens filled out blue cards, and when called upon stated that they
concurred with the testimony given by Mr. Juel: Virginia Zimmerman of 13400 -37th
Avenue North; Gary Zimmerman of 13400 -37th Avenue North; Velma Templeton of
3510 Wedgewood Lane North; Suzanne Smed of 13310 -35th Avenue North; Mick Smed
of 13310 -35th Avenue North; Barbara Peterson of 3520 Wedgewood Lane North; Sharon
Maslow of 13210 -35th Avenue North; John Love of 3650 Xenium Lane North; Randi
Livon of 13395 -36th Avenue North; Eileen Hedberg of 13420 -36th Avenue North; Carl
Planning Commission Minutes
November 18, 1992.
Page #282
Hedberg of 13420 -36th Avenue North; Diane Fullen of 13300 -35th Avenue North;
Claudette Battaglia of 13205 -35th Avenue North; Mike Battaglia of 13205 -35th Avenue
North; and, Brenda Admire of 3620 Wedgewood Lane North.
Chairman Stulberg introduced Ms. Nancy Lykkenhoy of 3505 Wedgewood Lane North.
Ms. Lykkehoy commented that FHA and VA mortgage costs were too expensive and
most prospective buyers are not aware of the stipulations of the mortgage requirements
regarding the dollars paid for reserve funds for upkeep of the Association. She stated that
if the members of the Association were to vote to discontinue dues, a reserve for upkeep
the site would not be available, and the site would not be taken care of.
Chairman Stulberg introduced Mr. John Doom of 3600 Wedgewood Lane North.
Mr. Doom stated that he felt the best use of this site would be for single family homes.
Chairman Stulberg introduced Mr. Leo Timmerman of 3630 Wedgewood Lane.
Mr. Timmerman stated that he wanted an explanation of why staff has come up with the
concept plan idea. He stated that he felt Director Dillerud was working against the
taxpayers with this proposal as it is not in the best interest of the taxpayers in this area.
He said he was concerned about the width of the proposed streets and setbacks.
The following homeowners stated that they were in agreement with what had been said
previously: Frank Baeumler of 13325 -35th Avenue North; Lori Dietrich of 13410 -36th
Avenue North; Dawn Timmerman of 3630 Wedgewood Lane North; Jenny Tsai of 13415-
35th Place North; Young Park of 13420 -35th Avenue North; Don Fimreite of 13200 -35th
Avenue North; and, Nancy Scott of 3530 Wedgewood Lane.
Chairman Stulberg introduced Mr. Gary Peterson of 3520 Wedgewood Lane North.
Mr. Peterson asked for an explanation of what the next phases of this project will be if it is
approved at this meeting.
Mr. Leo Timmerman requested that the Council review an alternate use of this land.
Chairman Stulberg closed the Public Informational Meeting.
Chairman Stulberg stated that he would try to answer the many questions raised during
the Public Informational Meeting. He said that the next phase for this application will be
the Preliminary Plat/Plan/Conditional Use Permit, if this Concept Plan is approved later by
the City Council. He stated that there will be a Public Hearing at the Preliminary Plat
stage, and that stage must also be approved by the City Council.
i_3
Planning Commission Minutes
November 18, 1992
Page #283
Chairman Stulberg stated that Mr. Timmerman had the option to put his concerns in
writing, or he could present them in person at the Public Hearing for the Preliminary Plat
stage. He stated that the proposal for the Concept Plan was applied for by Goff Homes
and was not the staffs proposal. He stated that staff must give options to petitioners
regarding their applications according to laws and ordinances that govern these
procedures.
Director Dillerud stated that the various application process options available were
presented to Mr. Goff. He said that the public versus private streets was a heavy issue
that needed to be discussed . He said that City staff are advocates for the Comprehensive
Plan, and that all projects are measured in relation to the Comprehensive Plan. Director
Dillerud stated that he did not feel the staff report on this project was biased.
Chairman Stulberg stated that staff reports are available to the public for review before
each Planning Commission meeting. He stated that the Goff Homes staff report contains
both approval and denial resolution drafts, as is usual practice.
Mr. Timmerman stated that staff should represent the taxpayers and homeowners.
Chairman Stulberg stated that the City's elected officials are the representative of the
taxpayers/homeowners, and he suggested that interested citizens get involved in by
volunteering to be on City Boards.
Mr. 7uel asked where the issue of the guiding of this site is on the Council's itinerary.
Director Dillerud stated there are 6 items on the Planning Commission list of study session
items which were brought to Council for direction in priority. This item of studying the
guiding of this site is near the bottom of the list and could possibly be addressed by the
end of the year. Director Dillerud stated that staff could not anticipate the timing of Mr.
Goff s current request for this Concept Plan. He said that there are still a couple of other
items on the study list before the one of guiding for this site.
Chairman Stulberg, responding to the question as to whether this type of housing is
needed, stated that the Comprehensive Plan suggests the intensity in units of housing
suitable for each parcel of land.
Director Dillerud explained the Land Use Guide Plan portion of the Comprehensive Plan,
stating that all City systems are a part of this plan. The residential density on the plan
dictates the density of housing that can be built on a parcel, though the style is not
dictated. He said the Land Use Guide Plan was reviewed in 1989.. He explained that
current City policy states that there should be a blend of housing styles within the City.
i
�3
Planning Commission Minutes
November 18, 1992
Page #284
Mr. Juel stated that there was a Councilmember who questioned whether this type of
housing was needed at the previous City'Council meeting regarding the former
application.
Chairman Stulberg asked Mr. Goff to explain the timing/phasing plan.
Mr. Goff stated that the current plan could take up to four seasons to complete but
completion could be sooner depending on the market demand. He said his plan is to
complete the internal portion of the site as the last phase.
Goff stated that the southwest corner of the site contains a good stand of trees that should
be preserved as much as possible, and to maintain a 120 foot separation from building to
building, the private streets are needed. He said the public street would push the homes
too far back into the property and too close to the freeway. He said he feels that the
Homeowner's Association intent would be to keep the buildings in the best condition
possible. He said that this is a tough piece of property to develop.
Commissioner Scherer asked whether it would be possible to design the plan so that the
street from 36th Avenue to 37th Avenue would be a public City street.
Mr. Goff responded that this would be possible but it would push the buildings too close
to the freeway, and he would like to build a berm that would separate the homes from the
freeway instead of a wall.
Commissioner Scherer stated a street width or front setback variance could be used along
with the public street.
Mr. Goff responded that a public street would work with a reduced setback to the street.
Commissioner Zylla asked Mr. Goff to explain the number of parking stalls on the site.
Mr. Goff stated that each home has double garage which counts as parking, plus 1/2 space
of overflow parking -which meets the ordinance requirements of 2.5 parking spaces per
unit. He stated outside driveway spaces are not counted as offstreet parking.
Commissioner Albro asked if the proposed length of the cul-de-sac meets the code.
Director Differud responded that it could be too long, and therefore an element of PUD
flexibility to be addressed if and when subsequent stages are reviewed.
Commissioner Albro asked if the Council directive to review the guiding of this site would
affect this proposal if the Planning Commission recommended approval of this plan
tonight.
M-3
Planning Commission Minutes
November 18, 1992
Page #285
Director Dillerud stated that development rights are not accorded a proposal until the
Preliminary Plat stage. The guiding could be modified after the Concept Plan is approved;
but once the Preliminary Plat is approved the guiding should not to be changed, under
normal circumstances. He noted that this was really a legal question and he was being
cautious to not represent his statement as a legal opinion.
Chairman Stulberg suggested that the Commission suggest to the Council that they
address the issue of the guiding of this site.
Commissioner Albro asked when Homeowners document could be reviewed.
Director Dillerud responded that they would be available at the Preliminary Plat stage.
Commissioner Zylla, questioned the public safety of private streets.
Director Dillerud stated that no parking is generally allowed on private streets as they are
also fire lanes, but that parking is allowed on public street. He said that this is not
addressed at this stage.
Commissioner Zylla asked if there is anything comparable to this plan in the City that
could be viewed
Mr. Goff stated that there is something similar in Vadnais Heights, with circular private
drives off public streets. He said that this is a unique site without the space for the public
streets.
Chairman Stulberg stated that he thought possibly one stage of Mallard Pointe was done
this way with private streets.
Commissioner Wigley stated that he liked this new proposal by Goff Homes. He said that
the guiding of all the freeway corridors of the City is LA -3 and LA -4, and he likes this
plan because Mr. Goff has presented a plan which actually has the density of a LA -2
guided site. He said the plan presented by Goff Homes has reduced the density
significantly; this new plan is for single story units compared with two story unit in the
previous plan; and, does a good job of providing transition from the freeway and the
existing neighborhood. He said the Landscaping Plan is better; and he felt that Mr. Goff
made many concessions to the neighbors; and, that the neighbors are not being fair in their
objections to this proposal..
Commissioner Wigley stated that he is concerned with the private street matter and the
traffic flow until the Xenium Lane extension is completed.
Commissioner Albro stated that he agrees that this plan has significant changes from the
previous plan, but he would like to look at alternatives.
�-3
Planning Commission Minutes
November 18, 1992
Page #286
Commissioner Stimson stated that she fully supports Commissioner Wigley's comments in
support of this plan. She said it would be very difficult to place single family homes on
this site which is so close to the freeway. She said she liked the ideas suggested for public
street.
MOTION by Commissioner Albro to table this request until the Xenium Lane traffic study
is finished.
MOTION died as there was no second.
Commissioner Scherer recommended that the private street proposal be changed to a
public street with a suggestion for setbacks reduction to compensate for extra street
width.
Chairman Stulberg suggested that the Commission recommend that no variance be
addressed at this stage.
MOTION by Commissioner Scherer, seconded by Commissioner Stimson to recommend
approval of the request by Goff Homes for a Residential Planned Unit Development
Concept Plan located at the west side of Xenium Lane and 37th Avenue North.
Commissioner Scherer stated that he would like to see the internal street to the south and
north continue as private street with allowance to the developer for design flexibility if a
public street was looped between the 36th and 37th access points to Xenium Lane as part
of the plan. (changes condition 3).
MOTION by Commissioner Wigley, seconded by Chairman Stulberg to recommend public
roads within the PUD with design flexibility to be considered regarding setbacks.
Commissioner Zylla stated that this motion allows Mr. Goff the design flexibility to come
back at the next stage with a request for public and/or private streets.
Commissioner Stimson stated that she would hate to see the public streets eliminate some
of the buffering.
Roll call vote on MOTION to Amend. 7 Ayes. MOTION carried unanimously.
MOTION to Commissioner Wigley, seconded by Commissioner Albro to recommend that
the timing of this development be tied to the construction of the Xenium Lane extension,
with some proposed time lines for completion.
Commissioner Zylla stated that he felt it would be difficult to tell a developer when to start
construction of a project.
=3
Planning Commission Minutes
November 18, 1992
Page #287
Vote on MOTION to Amend. 3 Ayes. Commissioners Syverson, Zylla, Stimson and
Chairman Stulberg Nay. MOTION failed.
Commissioner Zylla stated he is concerned with the public safety of the overflow parking
space.
Commissioner Albro stated that he will want to see the homeowner documents and the
parking plan at the next stage.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albro to add a
condition stating that the Commission does not intend, by this action --at this stage, to
grandfather this proposal if, in fact, the guiding for this site is changed during the review
of the guiding by the City. The review of the guiding should be completed prior to
consideration of the next stage of this project.
Roll Call Vote. 7 Ayes. MOTION to Amend carried unanimously.
Commissioner Zylla stated that he supports going on to the next phase in this application,
and, wants to see some open space, street design and landscaping in next phase of this
application.
Commissioner Stimson commented that there was no active open space proposed on the
current plan.
Roll Call Vote on Main Motion. 6 Ayes. Commissioner Albro voted Nay.
Chairman Stulberg call a recess at 8:55, the meeting reconvened at 9:00 p.m.
JOANNE SCHULER (92101)
Chairman Stulberg introduced the request by Joanne Schuler for a Conditional Use Permit
for a Home Occupation to operate a law office, psychologist office, and notary public
office at 2355 Hemlock Lane North.
Chairman Stulberg waived the review of the November 5, 1992 staff report
Chairman Stulberg introduced Ms. Joanne Schuler, the petitioner.
Ms. Schuler stated that the reference to an employee will not be a fact. She will only
have someone there currently to teach her how to use her computer, and this person will
not be a regular employee. She stated that the home will not be incidental to the
professional services she provides, and that she does have some clients that she has been
Planning Commission Minutes
November 18, 1992
Page #288
serving away from her home. She needs to continue to serve them. She said this will not
disrupt the neighborhood. She said she does not see current clients at the home now, and
will not see all clients at her home if this request is approved. Only a few will come to her
home, as most of her work is done in the courtroom.
Ms. Schuler stated that there is room for 4 cars in the driveway, and that there should
never more than 2 cars in the driveway. She stated that she has had a business phone
installed but will have no deliveries to the premises.
Chairman Stulberg stated that the person currently working with her in her home at the
present time would be considered an employee because he comes to the site to do
business.
Ms. Schuler stated that once she has learned to use her computer, this person will no
longer be on the premises.
Chairman Stulberg opened and closed the Public Hearing as there was no one present to
speak on the issue.
Ms. Schuler stated that she would not have more than one client at a time in her home.
MOTION by Commissioner Scherer, seconded by Commissioner Stimson to recommend
approval of the request by Joanne Schuler for a Home Occupation to operate a law office
and notary public office at 2355 Hemlock Lane North, subject to all conditions of the
November 5, 1992 staff report.
Roll call Vote. 7 Ayes. MOTION carried unanimously.
JAIVICE PAUL (92099)
Chairman Stulberg introduced the request by Janice Paul for a Conditional Use Permit for
a Home Occupation to custom make draperies and window treatments at 5250 Dunkirk
Lane North.
Chairman Stulberg waived the review of the November 6, 1992 staff report.
Chairman Stulberg introduced the petitioner Janice Paul.
Ms. Paul stated that she would only have a UPS delivery once a month or once every
other month. She stated that she agreed with the staff report and the conditions. She said
her home is the last house on Dunkirk Lane.
Planning Commission Minutes
November 18, 1992
Page #289
Chairman Stulberg opened and closed the Public Hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Wigley, seconded by Commissioner Syverson to recommend
approval of the request by Janice Paul for a Conditional Use Permit for a Home
Occupation to custom make draperies and window treatments at 5250 Dunkirk Lane
North, subject to the conditions of the November 6, 1992 staff report.
MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albro to change
Condition 9 to allow 5 deliveries per month.
Roll call Vote on MOTION to Amend. 7 Ayes. MOTION carried.
Roll Call Vote on Main Motion as once amended. 7 Ayes. MOTION carried
unanimously.
THOMAS BUCHANAN (92103)
Chairman Stulberg waived the review of the November 5, 1992 staff report.
Director Dillerud stated the deck is partly constructed.
Chairman Stulberg introduced Mr. Tom Buchanan, the petitioner.
Mr. Buchanan stated that the house was just built and he thought that the deck was
included with the house permits. He said that the original plans were for a deck on this
side of house, but he decided to build it himself to save money. He said there is no other
place to put a deck on this house. He said he talked to the immediate neighbors who
support this plan.
Mr. Buchanan said that a 7 foot deck would be very narrow and the proposed deck would
increase the property value of the home.
Director Dillerud stated that the Commission should decide whether a deck is considered
as part of the living side of the house
Commissioner Wigley asked if the east property owner was notified of this request. He
stated that,when the lot to the east is built upon, the deck will already exist, and it will not
be something that would surprise a prospective home owner of the lot to the east.
Director Dillerud responded that the property owner to the east was notified of this
request, but that this lot does not have a home built on it.
Planning Commission Minutes
November 18, 1992
Page #290
Chairman Stulberg opened and closed the Public Hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Zylla , seconded by Commissioner Scherer to recommend
approval of the request by Thomas Buchanan for an Amended Planned Unit Development
Plan and Conditional Use Permit for a deck at 13305 -57th Avenue North, subject to all
conditions of the November 5, 1992 staff report.
Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote.
PUD ORDINANCE AMENDMENTS
Director Dillerud reviewed the Minor PUD Amendments Memorandum dated November
12, 1992.
Chairman Stulberg suggested that the minor variance standards be a maximum of 25
percent. He said that this can always be raised a lot easier than lowered. He suggested
that the procedure be tried for a year.
MOTION Chairman Stulberg, seconded by Commissioner Wigley, to recommend that the
minor variance standard be to allow up to 25 percent. Also that the new procedure be
tried for a 12 month period and that staff report back and review the procedure with the
Commissioners after this period of time.
Vote. 7 Ayes. MOTION carried.
Director Dillerud asked if the Commission wanted additional time for discussion of the
PUD before a Public Hearing is held.
Commissioner Zylla suggested that a memo be sent to the BOZA Board informing them of
the changes in the variance procedure being considered.
Commissioner Wigley asked Director Dillerud to do some scenarios using the minor
amendment suggested so that the Commission would have a good understanding on how
it will apply.
Director Dillerud stated he will have some scenarios for the Commissioners on the 9th,
and wait for the public hearing.
The meeting adjourned at 10:00 p.m.
NORTHWEST
COMMUNITY
TELEVISION 6900 Winnefka Ave. N., Brooklyn Park, MN 55428
(612) 533-8196
For Immediate.Release For More Information Contact
Jim Skelly
Public Relations Coordinator
533-8196 (work)
CABLE TELEVISION PROGRAM EXPLORES THE FUTURE
OF THE TWIN CITIES METROPOLITAN AREA
What will the Twin Cities Metro area look like in the year 2015?
The Metropolitan Council has published a report that predicts
what the various cultural, commercial, educational,
transportation, and telecommunications systems will be 23 years
from now.
Northwest Community Television will review the Met Council's
findings on a special one hour program titled 112015".
NWCT's Joyce Arney leads a panel that includes Robbinsdale Mayor
Joy Robb, Plymouth Mayor Kim Bergman, Brooklyn Center Mayor Todd
Paulson, and Met Council Member Jim Krautkremer. Their discussion
will focus on the impact this report will have on the Northwest
Hennepin Metropolitan Area.
Northwest Community Television will show 112015" on Channel 35 At
8:OOPM on Thursday, December 17, Sunday, December 20 and Tuesday,
December 22. 112015" is the sixth and final Northwest Community
Television special program for 1992.
Northwest Community Television is an independent, non-profit
organization which manages public access and local origination
operations for the cities of Brooklyn Park, Brooklyn Center,
Crystal, Golden Valley, Maple Grove, New Hope, Osseo, Plymouth,
and Robbinsdale. The service area includes 48,000 homes.
Brooklyn Center . Brooklyn Park • Crystal 9 Golden Valley • Maple Grove • New Hope • Osseo 9 Plymouth 9 Robbinsdale
ORDINANCE NO. 92 -
AN ORDINANCE RELATING TO THE REGULATION
OF TRAIN WHISTLES AND HORNS DURING
CERTAIN HOURS IN CERTAIN AREAS
OF PLYMOUTH
Sec. 1. The Plymouth City Code'is amended to include a new
Section 1165 to read:
Section 1165. Trains.
1165.01. Limitations on -Use of Whistles. It shall be unlawful
for'any railroad company, train engineer, fireman, or other
person employed by any railroad company, to sound or blow the
whistle or horn of a locomotive between the hours of 10 p.m. and
7 a.m. central daylight time within that area of the City west o:
Highway 169 and east of Highway 494, except at times when there
is a clear and present endangerment of life or property.
1165.03. Penalties. Violation of the provisions of this Section
is a misdemeanor. i
Sec. 2. This ordinance is effective upon its passage and
publication in accordance with Section 110.11.
Attest:
City Clerk
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Mayor
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CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: December 4, 1992
TO: Frank B 1Pud,
cting City Manager
FROM: Chuck it Community Development Director
SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT ACTIVITY FOR THE MONTH OF NOVEMBER,
1992
Attached please find statistics and graphics depicting Community Development
Department activity in both the planning and building divisions for the month
of November, 1992. Permits for all activities issued by the building division
are 61% more than November, 1991, and up 27% year-to-date. Following the
erratic pattern we have observed all year, planning division applications for
November are up 121% from last year, and up 13% year-to-date.
Other observations I can offer from this and other data that is generated for
our monthly reports includes the following:
1. A total of 44 permits were issued for new single family detached
dwellings during the month of November, 1992 which is 57% more than
during November, 1991.
2. Single family detached building permits issued to date through the
end of November, 1992 are 533, compared to 319 through the end of
November, 1991 - an increase of 67%.
3. Total inspections by the building division (for all purposes) are 24%
more for the month of November than in 1991; and up 32% year-to-date.
4. The value of all new construction starts in Plymouth through of end
of November, 1992 has been $134,515,683, an increase of 39% over
year-to-date 1991, with the month of November being about equal to
November, 1991.
5. The average value of single family detached dwellings for which
permits have been issued in 1992 is now up to $141,320 - about the
same at this time in 1991.
(pl/cd/fb.act:dh)
I
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. PLANNING DIVISION APPLICATIONS,
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NOVEMBER- REPORT
1990 1991 1992
TOTAL APPLICATIONS
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BUILDING DIVISION PERMITS=' -
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NOVEMBER REPORT
1990 1991 1992
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TOTAL PERMITS ISSUED
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MONTHS
DEC
SAGAMOK -
Condominiums 10700 ROCKFORD ROAD • PLYMOUTH. MN 55442 • (612) 559-1430
December 9, 1992
Mr. Craig Gerdes
Chief of Police
Plymouth City Center
PLYMOUTH POLICE DEPARTMENT
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Gerdes:
A few weeks ago I contacted the Plymouth Police Department
requesting information on a safety class for women. I was referred
to Officer Darrel Anderson. Darrel told me that the Plymouth
Police offers a free class on "Personal Safety for Women." Darrel
and I arranged the date and time of class to be Monday, December'7
from 7:00 to 8:00 P.M. in Sagamore's rec center.
Officer Darrel Anderson and Officer Nia Wronski both participated
in the class. All of the Sagamore attendants were very interested.
They asked a lot of questions and received excellent responses.I
Officer Anderson and Officer Wronski were informative, polite, and
at times loosened up the class with humor that was enjoyed by all.
The class was a big success thanks to them. I was so pleased that
the Plymouth Police Department offers this type of class to its
residents.
Sincerely,
Mary E. ickson
Assistant Manager
cc: Officer Darrel Anderson,
Officer Nia Wronski, City
Mr. Kim M. Bergman, Mayor
"fz
City of Plymouth Police Dept:
of Plymouth Police Dept.
of Plymouth
10c%. .
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: December 11, 1992
TO: Frank Boyles, Acting City Manager
FROM: Dale E. Hahn, Finance Directo
SUBJECT: BIDDING OF BANK SERVICES
I have contacted the four banks within the City of Plymouth and asked them to
provide me with a proposal that outlines what kind of additional revenue the
City could expect to receive from the bank over and above the free account
services we are presently receiving. One bank has indicated they would make a
proposal that would provide interest on the average balance within our
accounts after deducting the various service charges. Another bank has
suggested they may recommend some sort of money market checking account which
would have an ongoing variable interest rate depending on the upswings and
downswings of the prime rate. Still another bank has suggested the City
guarantee some type of a minimum balance and the bank would then guarantee a
monthly return to the City of a fixed amount after deducting the regular
service charges.
Because there seems to be some inconsistency in the way the banks would make
their proposals, I am drafting an R.F.P. that will guarantee that I can
evaluate the proposals on an even scale. I hope to have this proposal
prepared by early next week and have average counts of all our deposits,
checks, wire transfers, returned items, stop payment orders, and other bank
services so the banks can determine the activity levels of the City.
As soon as this information is assembled, I will provide you with a draft for
review, prior to making a request of the banks. I have checked our current
check supply to determine if this transfer has to be make by January 1st. I
believe we have adequate stock to carry us through at least January of 1993.
--c' klob
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: December 9, 1992
TO: Fred Moore, Director of Public Works
FROM: Marjorie E. Vigoren, Solid Waste Coordinator VP
SUBJECT: YARD WASTE SITE ODOR COMPLAINT
I met this afternoon with Mike Fromes from PDI at 14755 27th Avenue
North to investigate his complaint of odors coming from the Yard Waste
Site. I walked with him through his building and noticed a distinct
odor, definitely coming from our site.in the rear half of his building.
I asked if he could be specific in telling me when the odor was
noticed. He said that he had reports of it being a problem one day
last week, and that he did not notice it this week until today. These
instances coincide with the work we have been doing at the site in
moving and aerating the pile. It appears that we cause' this odor
whenever we break into the pile, but that it is not long lived.
I told Mr. Fromes that we would work on solving this problem, possibly
by moving the pile on Saturdays rather than during the week. This, of
course, would mean scheduling someone for overtime when we move the
pile, but we are only planning to move it twice before spring. Mr.
Fromes said there is no staff in his building on Saturdays or Sundays
and that very likely this would be a way to solve the problem. He also
said he did not recall odor problems through this last summer so
perhaps we are on the right track in keeping the green grass out of our
compost pile.
MEV:do
0
2 Dov
U101
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 30, 1992
TO: Charles E. Dillerud, Community Development Director
FROM: Joe Ryan, Building Official
SUBJECT: Lake Camelot Estates - Fill Complaint
Per your request, I called Gene Dabrowski, owner of Westar Development, who is
constructing a new home at property located at 13740 61st Avenue North. I
informed Mr. Dabrowski that it came to my attention that he had deposited fill
material on two other site locations within the Lake Camelot Estates
Subdivision, and asked him for the specific locations.
Mr. Dabrowski indicated that there was a stock pile of fill material on the
lot under construction which needed to be removed. Mr. Dabrowski indicated
that approximately 30 yards of the material was deposited Lot 12, Block 2
(fill site #1 on the attached map) and approximately 20 yards of material was
deposited Lot 7, Block 8 (fill site #2 on the attached map).
Mr. Dabrowski indicated that the deposited fill was graded on both sites in
question, and that the areas impacted by the grading were low areas self-
contained on each lot which did not affect the elevation of each lot based on
the City's approved grading plan for the development.
Mr. Dabrowski indicated that he owned both properties where the fill was
deposited. According to our records Westar Development (Gene Dabrowski) is
the owner of fill site #2, and Keith and Diane Harstad are the owners of fill
site #1.
Based on the total 'number of cubic yards deposited on each site, a grading
permit would not be required by the Building Code or Plymouth City Code.
No further information is
have any further questions.
cc: File
b>j r ced
available at this time. Please see me should you
-\ � .
C.,X.j LWO
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: December 8, 1992
TO: Frank Boyles, Acting City Manager
FROM: Dale E. Hahn, Finance Director
SUBJECT: Financial Advisory Committee Position on City Center Expansion
As part of the November 4, 1992 Financial Advisory Committee agenda, the
Committee toured the City Center to review the current space requirements.
They soon became aware of the overcrowding that presently exists. They
reviewed the proposed financing for the $3,200,000 proposed expansion as
outlined in the attached schedule previously shared with City Council.
The Committee reviewed the rational for the various funding sources, and by
vote of members present, including Dick Treptow, Jennifer Martin, Nancy
Norman, and Almon Bock, concurred that this was appropriate financing for the
City Center expansion.
December 8, 1992
CITY OF
Mr. Robert Meller, Jr. PLYMOUTR
Best & Flanagan
3500 IDS Center
80 South 5th St.
Minneapolis, MN 55402-2113
SUBJECT: POINT OF SALE INSPECTIONS
In 1994 the Council desires to initiate a point of sale inspection program. Through this
program, any building changing hands would be inspected by City inspectors who
would supply a list of work needing to be done to bring that facility up to the housing
maintenance code.
At present, we do not provide this service both because the current City Code does not
appear to provide for it, and because of staffing restrictions. Mr. Tim Farrarra, a real
estate agent, recently appeared at -a City Council Forum requesting that the City
consider providing these services before the point of sale inspection program is initiated
in 1994. His example involved a porch which was added to a house apparently without
the benefit of a building permit. He suspected that the footings and stairway were not
constructed to code. He wanted the City, on behalf of Farrarra's buyer, to inspect the
porch, require the seller to accomplish all work and presumably fine the owner for not
obtaining a building permit.
The Council directed that this item be referred to you for a legal evaluation.
Please review the existing City and State laws to determine the legal preconditions and
ramifications of the City pursuing this program, as well as the legal liability concerns
we may face. We believe that right now, we do not have the legal authority to provide
such inspections. Practically speaking, we do not want to get involved in "advocating"
for a buyer or seller before we have thoroughly analyzed how to administer such a
program. An additional complication is the fact that these complaints have to do with
existing structures. In order to completely inspect something, the inspector needs to
see the structural members of the building. Since we are talking about existing
buildings, this means the owner has to dismantle a portion of the structure before we
can observe whether complete code compliance exists.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
w l .
f
1
Mr. Robert Meller, Jr.
December 8, 1992
Page 2
When we do receive a complaint such as the one Mr. Farrarra made, we ask that the
existing property owner request an inspection. The inspection results are normally
superficial since we do not ask that wallcoverings be removed and, unless life
threatening, the recommendations are advisory. Furthermore, if we find thaVaa permit
was not taken for the work, we do not impose a penalty since there is no way to
confirm who did the actual work.
Once you have reviewed this subject, I would appreciate a written response and your
suggestions with how we might, on the one hand, continue to serve residents and
protect them against hazards in existing structures, while not overextending ourselves in
implementing a point of sale program before we actually have the statutory and
ordinance basis for such action, as well as personnel needed to appropriately administer
the program. �.
Manager
FB:keb
cc: Mayor & City Council
Chuck Dillerud, Director of Planning & Community Development
Joe Ryan, Building Official
S.F. 12/16/92
December 7, 1992
Mr. Bob Meller
Best & Flanagan
3500 IDS Center
80 South 8th Street
Minneapolis, MN 55402-2113
SUBJECT: SE AGREEMENT WITH THE BEGIN'S FOR COTTONWOOD
PLAZA RETAINING WALL
Thank you for forwarding a copy of the most recent draft of the settlement agreement between
the City and Mr. and Mrs. Begin. As you know, we are very anxious to amicably resolve this
matter.
It appears that only one sticking point remains. The Begin's would like to be able to construct
the retaining wall after completion of the road construction (Xenium Lane extension, City
Project 214).
The problem is that the normal steps in the construction project will include grading, which
will cut out a portion of the slope at the base of the hill, new fill may be brought in, utility
work would be completed next, gravel base, curb and gutter, asphalt base, final asphalt, and
finally, seeding and sodding. We normally wait a complete year before the final asphalt is
laid. Therefore, the total project could require twelve to eighteen months or more to
complete. During this period of time, because of the grading and fill work, the slope would
be even more precipitous and subject to collapse.
What I do believe would work would be to provide that the retaining wall would be
constructed immediately upon completion of the grading which removes the slope
encroachment on the adjacent property. This would occur toward the beginning of the
construction project and would still allow Mr. Begin to construct the retaining wall beginning
at the elevation of the new roadway as he desires. It would also ensure that the slope does not
collapse in upon the construction area. Attached is a copy of the agreement with an
amendment to paragraph 1 on page 2 penciled in.
A second revision would have to be made to paragraph 6 on page 4. I have attached a redraft
of that paragraph for your review and inclusion in the agreement.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. Bob Meller
December 7, 1992
Page 2
If these revisions are acceptable to the Begins, then it would be appropriate to have the
agreement executed. The executed agreement should be forwarded to me, together with the
$60,000 letter of credit, a check in the amount of $12,500 in the name of the City of Plymouth
as reimbursement for city attorney fees, and a certificate of insurance acceptableato the City in
the amount of $1,000,000 to afford the protections as set forth in the settlement agreement.
Let me know if you have any questions or concerns. To save time you may wish to just
forward this letter, together with the revised settlement agreement to Mr. and Mrs. Begin's
attorney, Ernest A. Lindstrom. I
FB:keb
cc: Fred Moore, Public Works Director
Mayor & City Council
y voZ.
New Paragraph 6
The City will provide the Begins with a written notice at the time of contract award which
indicates the costs bid for retaining wall construction and requests that the Begin's indicate
whether they desire to construct the wall. The Begins shall within 30 days of receipt of this
notice, confirm in writing whether they intend to construct the retaining wall.
The City shall construct the retaining wall if.
1. The Begins fail to conium their desire within 30 days of the City's notice o v-
2. The Begins fail to initiate construction of the wall within 30 day's notice from the City to
proceed with construction,o ,4-
3. The Begins have not completed construction of the retaining wall within 30 days following
commencement of construction of the retaining wall (rain delays excepted).
The City shall have the right to construct and/or complete the retaining wall and charge the
actual costs therefore, including engineering, legal, and administrative fees against the LOC
described in Paragraph 2 if the Begins fail to perform as provided in (1) through (3) above.
0
12-01-1992 10:5P 612 339 5897 1 i1-5 1 � 1= LANAGAN
SETTLEMENT AGREEMENT
X
P.03
-:S:,- to 3
THIS AGREEMENT is made and entered. into on this %/ day of
November, 1992, by and between the City of Plymouth (the "City")!
Begin Contracting company ("Company"), Jerome P. Begin and
Betty A. Begin (hereinafter referred to collectively as the
"Begins").
P I
WHEREAS, the City commenced litigation in Hennepin County
District Court, Court File No. 89-014145 ("Litigation"), against.
the Company and the Begins to enforce an Agreement dated April 6
!1
1987, ("Agreement") by the Company to build a retaining wall
("Retaining Wall") at a shopping center commonly known as
Cottonwood Plaza which premises are legally described as Lot 2,
Block 2, Cottonwood Plaza (the "Premises") which Premises are
presently owned by the Begins;
WHEREAS, the Company has ceased to exist;
WHEREAS, the slope to be stabilized by the Retaining wall
encroaches on adjacent property owned by a third party; and
WHEREAS, the City agrees to defer the.requirement that Begin'
construct the Retaining Wall until it is constructed as set forth
herein at a time that is subsequent to tha construction of
0
12-01-1992 10: 5�' 612 339 5897 ijE`1"� F LANAGAN P.04
the road commonly referred to as "Xenium Lane Extension" ("The
Road"); and
WHEREAS, the Begins acknowledge that the City has not
presently determined the construction date for The Road; and
WHEREAS, it is the desire of the Begins and the City to
reach this final settlement of the dispute regarding the
Litigation and the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged,
IT IS HEREBY AGREED AS FOLLOWS:
1. Begins or the City shall construct a Retaining Wall on
the Premises pursuant to the City approved plans and
specifications for the Retaining Wall, and at the location set
forth in the City approved plan and specifications for The Road.
<Said Retaining Wall shall be constructed immediately upon
t"� Sl.pt cn Cr�.cti...cr w�—'f��i T'aii^'-4►'t
}l%t.
completion of„construction of The Road (described as Xenium Lane �
' 1N\- (M` t LGU--cam— 0 --� 3 �",
Extension, City Project No. 214) by the City. If any action or
inaction by the Begins or their representatives causes a delay in
The Road construction, coats attributable to said delay shall be
-2-
0
12-01-1992 10:L-3 612 339 5897
Fit
paid to the City out of the letter of credit set forth in
paragraph 2.
H
2. Concurrent with the signing of this Agreement, Begins
shall provide to the City an irrevocable Letter of Credit ("LOC")
in a form acceptable to the City, and issued by a financial
institution acceptable to the City, in the principal sum of
$60,000.00 to ensure completion of the Retaining Wall as provided
herein. Said LOC shall be released upon the satisfactory and
acceptable completion of the Retaining Wall, said satisfactory
completion to be determined by the City in its sole discretion.
i
��_ ; ? . ;,r• - • - •.�
3. Concurrent with the execution of this Agreement, Begins
shall pay to the City the sum of $12,500.00 in full payment of the
balance of the City's attorneys' fees in connection with the
Agreement and the Litigation up until the Hate of this agreement'
4. Upon the execution of this Agreement, upon the
satisfactory posting of the LOC set forth in if 2, and upon the
payment provided for in if 3, the City shall satisfy of record it
claim for attorneys' fees and the Order awarding attorneys' fees
in the Litigation.
5. Begins shall protect, indemnify, defend, save, keep and
hold harmless the City, its Councilpersons, Mayor, Employees, and
Representatives, against and from all claims, losses, costs,
damages, or expenses, directly or indirectly, existing now or
-3-
12-01-1992 10:53 61P 3_;9 589?
1:11-5 1 i' FLANACiAN
1:1. 06
arising in the future: 1) arising out of or relating to any
accident or other occurrence causing injury to any person or
property arising out of Begins construction of the Retaining Wall
pursuant to the Settlement Agreement; or 2) any claim of trespass,
encroachment or damage to real or personal property, as a result
of the Begins' failure to timely build the Retaining Wall as
"re(juired by the Agreement; or 3) any claims including claims for
personal injury or property damage arising from or relating to any
alleged encroachment on property adjacent to the Premises by dirt,
gravel, debris or otherwise due to the failures to retain the slope
until the Retaining Wall has been constructed. Begins shall
maintain liability insurance acceptable to the City for the
benefit of the City against all claims described herein until the
Retaining Wall is completed and shall provide proof of said
insurance to be filed with the City in a timely fashion.
IP Begins have not commenced constru tion of thej
Retaini Wall upon 30 day written notice from the City4afte
-eeenvg-let-i-on\- of --the--
cement of cona
City shall have\ancharge
ght to con13\r" ru
Retaining Wall the actuaengineering, led administrati
described in pa2 above.
cyn- (rain delay, excepted) the
ct and/or comple the
,costs therefor, in uding !
fees, against the
7. Upon satisfactory completion of the Retaining Wall and
release of the LOC, the ownership of and obligation to maintain
-4-
S�1l,�d,.<<d
12—UI • 199" 10:`.:i_', 61P :i.iq `_>ti''. III :.I,'I•i ..W.'.li.1N P.U)
f
I
the Retaining Wall shall be transferred to and vest in the Begins,
or their successors -in title4to the Premises. f
Dated., 41— a q — , 1992
Dated: Lti2 -_t �/ , 1992
Dated: , 1992
Jerome P. Begin
Betty.A. V -gin
CITY OF PLYMOUTH
By
Its
r
' Ar 1-�ona
STATE OF MZMW!�6g'A ) t
) SS.
COUNTY OF fvl COpo\ )
The foregoing instrument was acknowledged before me this Z y
t F,1
day of 1992, by Jerome P. Begin and Betty A. Begin.
OFFICIAL SEAL
PCCGY CATHCART
WLARY P(Mir, ;TATE OF ARIZONA
n7h,1;,%Or/1 COUNTY
Notary iC 41YCcr..:r'la.s;nCipt oc,u,tpp6
STATE OF MINNESOTA
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1992, by ,
the of the City of Plymouth, a municipal r
corporation, on behalf of the corporation.
Notary Public
DRAFTED BY:
ROBERT L. MELLER, JR.
BEST & FLANAGAN
3500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402-2113
5082q
-5-
.-toy
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD,. PLYMOUTH, MINNESOTA 55447
DATE: December 11, 1992
TO: Frank Boyles, Acting City Manager
FROM: Fred G. Moore, Direcfor of Public Works
SUBJECT: JEFF WYLIE, 5935 OAKVIEW LANE
COUNTY ROAD 10 SCREENING
CITY PROJECT NO. 812
At the November 16 Plymouth Forum Mr. Jeff Wylie, who lives at 5935 Oakview Lane,
addressed the City Council concerning his letter on screening from his property
to the new County Road 10/County Road 61 Improvements. Previous to the
reconstruction of the roadway system there was a berm between his property and
the intersection of County Road 10/County Road 47 which provided a visual
barrier. Mr. Wylie had thought that this berm was located on his property.
During the roadway construction he discovered that the berm was located on
property which was set aside for the new road improvements concurrent with the
approval of the subdivision where his house is located.
I met with Mr. Wylie at his home on November 24. He was requesting that a berm
be constructed to again provide a visual barrier between his home and the new
roadways. We reviewed the location and elevation of the new road (County Road
61) adjacent to his property. The roadway is approximately four feet lower than
his rear yard. The County has already graded a slope with the maximum steepness
adjacent to his property to preserve and protect existing trees along the
property line.
After reviewing the situation, Mr. Wylie understood that the only location where
a berm could be constructed would be on his property within his existing rear
yard. In order to have a berm with an effective height to provide any screening,
it would encroach over a large portion of the rear yard and make the rear yard
undesirable. We also discussed that the best effective means to provide
screening would be the construction of a solid fence along the property line.
The existing property easterly of Mr. Wylie currently has a solid fence.
After our meeting I believe Mr. Wylie agreed that the best method to provide
screening would be with a fence. He realizes the responsibility to construct the
fence is the property owner. I did state that it had been the policy of the City
to provide trees within boulevard areas along major roadways and this would
probably take place during future years after the roadway construction is
completed. Since the boulevard is approximately four feet lower than his
property, it will be very difficult for these trees to provide effective
screening.
FGM:kh
6 I -
November 8, 1992
Mr. and Mrs. Jeff Wylie
5935 Oakview Lane North
Plymouth, MN 55442
Mr. Frank Boyles
City of Plymouth
Plymouth, MN 55442
Re: Northwest Boulevard (Coutny Road 61) Project
Dear Mr. Boyles:
Here is a current plot plans for our residence. The above pro-
ject has greatly affected our property, not only in value, but in
safety and adverse noise. Prior to the beginning of construction,
the traffic from old County Road 47 or new Northwest Boulevard had
very little impact on our residence. Because of the location of
the new roadway, all privacy and berms have been removed.for
expansion of Northwest Boulevard, with no plans to replace what
exisited prior to expansion. This also includes trees as well
as a 15 foot high landscaped berm, which we thought was on our
property line along with some mature trees. These have been re
cently removed, with the new boulevard now 35 feet from the corner
our our home on the garage side or northeast corner, and about 42
feet on the northwest corner of the house.
I
I have made numerous attempts to receive some compensation from )�
Dave Swenson, Right -of -Way Chief, Hennepin County; Jim Vohs,
Construction Department, Hennepin County; Jerry Mortenson, Super-
visor, Construction Department, Hennepin County. I have been
down a typical "Pass the Buck Road" with the county for the last
seven months. I have not been successful in obtaining a berm ori
fencing to run west to east along the boulevard line.
Dan Campbell from the City of Plymouth Engineering Department has
been more than helpful in assisting me in following the proper
direction to take in this matter. Dan mentioned that some land-
scaping has been previously committed further up Northwest
Page 2
November 8, 19992
Mr. Frank Boyles
Boulevard and felt that I should bring this forward to the
Council and request some mature trees from the Forestery
Department of Plymouth. I will be present at the November16
forum to present my request and answer any question you might
have. I also would like to commend Dan Campbell for going out
of his way in helping in our situation.. Without Dan's help, I
would have been lost in County shuffle and we greatly appreciate
his sincere attitude.
Thank you.
Bes .regards,
Jeff Wylie
JW/mmb
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-1 MLS Q 141111.1 IAali% I nuu...,i ('..q•.i.ux•u ,.nul'.un I;li :Iltlilliil (4 44)
December 10, 1992
David Landswerk
Superintendent
Wayzata School District 284
210 North Highway 101
P.O. Box 660
Wayzata, MN 55391
SUBJECT: JOINT CITY COUNCEUSCHOOL BOARD MEETING
Dear Dave:
The City Council has suggested I send this follow-up letter to you. First and foremost, thanks for your
assistance in scheduling the joint School Board/City Council meeting this last Monday evening. I
know that City Councilmembers enjoyed the opportunity to get to know Board members better and
exchange views on issues of mutual interest.
Our City Council believes that one of the suggestions made at the meeting should be initiated
immediately. Representatives from the School Board, City Council, and both staffs should begin to
meet periodically (say quarterly). Robbinsdale School District has used their Government Advisory
Council for this purpose. The Council consists of one city staff member and one- or more City
Councilmembers from each city served by the district.
The Council meets monthly, or every other month at the school superintendent's office to review issues
of mutual interest. They have discussed: school closings, athletic field relocations, use of school
facilities for recreation programming, labor negotiations, financial conditions, DARE, school liaison
officers, and legislative issues. Because perspectives differ, there is often a healthy exchange of
perspectives. If I can help to initiate such meetings, please let me know at 550-5013.
On a different note, I am attaching a copy of the school liaison officer correspondence we have had
with Robbinsdale School District. This material is instructive regarding the nature of the program. I
am preparing some minutes for the joint meeting. Once they are complete, I will send a copy for your
records. f
FB:keb
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
August 25, 1992
Linda Powell
Superintendent
Independent School District 281
4148 Winnetka Avenue North
New Hope, MN 55428
SUBJECT: SCHOOL LIAISON PROGRAM
Dear M ell: L
At their August 24 budget study session the City Council received a report from Mike
Goldstein regarding the Independent School District 281 School Liaison Program. Mike had
some very positive things to say about the program and the cooperation he has received from
the school district.
The Council asked that I send you a letter requesting your input about the program. The
Council would like to have a better understanding of your perspective on:
1. Which schools is the program intended to serve?
2. The primary emphasis of the liaison program?
3. How could the program be more effective?
4. Feedback you have received about Mike's performance as liaison officer?
I know the Council would appreciate your taking a few moments to respond to these questions.
If you will send your comments to me, I will share them with the City Council. Feel free to
call me at 550-5013 if you have questions.
Thanks for your assistance.
Sincerely,
Frank Boyles
Assistant City Manager
FB:kec
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
iNDEPENDENTSCHOOL DISTRICT281
Robbinsdale Area Schools
Learning for a lifetime of growing
October 2, 1992
t
Frank Boyles, Assistant Manager "�'. t
City of Plymouth ` ^,r'L
!
3400 Plymouth Boulevard
Plymouth MN 55447 \/yam/
Dear Mr. Boyles:
I am writing in response to your letter requesting an assessment of District
281's police liaison program. This will be a preliminary evaluation since
Plymouth's officer, Mike Goldstein, was assigned for only a few weeks last
spring._T-0 respo-nd _-speei questions:
1. The Plymouth liaison officeres District 281 schools in Plymouth,
ecially Robb i.fts-dale--Arris rong High School and Plymouth Middle School.
Golds`l nn's office is at RAHS and he spends approximately a day a week at
PMS. He is available to consult with elementary principals or other school
staff who have appropriate issues.
2. The program has several goals: to bring a local police presence into the
schools; to provide access to police expertise and experience for school
personnel; to provide an opportunity for students to see police in a role
other than law enforcement; to allow for exchange of information among
students, parents, teachers, administrators and the police on community
issues that affect both police and the -schools; and to improve health and
safety conditions for students in both school and community. Ij
3. I believe that as the Plymouth officer and the department gains more I
etirerierce, and as school staffs learn to use the officer in appropriate
circumstances, and as the officer coordinates with the other district
liaison programs, effectiveness and efficiency will continue to increase.
4. Staff who have worked with Goldstein are unanimous in their opinion that he
is -an exceptional young man and a first-rate example of a modern police I
officer. He knows his business and he speaks with confidence and authority.
He is professional yet pleasant and reasonable. :Parents and students with
whom I have talked say Mike handles issues quickly and fairly. His age and
background allow him to communicate easily with students. We are pleased
with Goldstein as Plymouth's police officer and will do all we can to help,
him continue to develop a liaison program that he, Plymouth and District 281
can be proud of. I
Linda Powell
Superintendent
4148 Winnetka Avenue North
New Hope, Minnesota 55427
(612) 533-2781
AN EQUAL OPPORTUNITY EMPLOYER
2
I am enthusiastic about the "new model" liaison program worked out with district
municipalities now that permanent funding exists. During the last year, city
managers, police chiefs and our administrators worked cooperatively to design
the new model and I anticipate that continued cooperative effort will guarantee
a highly successful program.
Sincerely,
Linda Powell
Superintendent
cc: Chief C. Gerdes
Officer M. Goldstein
LA
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: ' October 16, 1992
TO: Mayor Kim M. Bergman
FROM: Officer Michael Goldstein
SUBJECT: SCHOOL LIAISON POSITION
This memo is in response the continued interest of the liaison
position and what the job entails on a daily basis. On October
15, 1992, Chief Gerdes advised me that there was still some
questions from the City Council as to what my job consists of,,
and how I am handling my daily operations. After speaking with
Chief Gerdes, I was instructed to* meet with Frank Boyles. on
October 15, 1992 I met briefly with Mr. Boyles, who indicated,
that there were questions as to how I responded to my calls for
service at the schools. After covering some reoccurring issues'
that I face at the schools, he asked me to prepare this memo.
On October 15, 1992, when I was asked to construct this memo, I
had completed a typical day's work. And, it was coincidental!
that this request was made from me on that particular day,
because I had finished a rather successful day. So, in order to
put that day into perspective and to better explain my "typical"
day at work, I will give a synopsis of my work day for October
15, 1992.
I arrived to work at 7:30 a.m. At 8:00 a.m. I had a presentation'
for 7th graders on "Turn Off the Violence Week" at Plymouth,
Middle School. At 8:30 a.m. I met with two admitted theft!
suspects from the Middle School, who returned more stolen
property to me. I also interviewed another theft suspect. (The,
school has recently had several thefts from their girls locker
room. And, through different sources, I have been able to
determine the individual's involved). Before leaving the Middle
School, I spoke with two students who are victims of an abusive
home life, and asked how things were going. New Hope Police
Department has been handling the case, but the information was;
first given to me and I wanted to see how they were both coping. I
At 10:00 a.m. I attended a probation officer's meeting at the'
Northwest Y.M.C.A. Their three Hennepin County probation
officers and other juvenile police officers shared information on!
at -risk students. After, I returned to my fully equipped office;
at Armstrong High School. There, I met with the administrators,
to see if anything was needed, after which I met with two,
students who made theft reports. (At Armstrong there are some
-- LA
October 16, 1992
Page 2
old lockers where theft has been a common occurrence.) Another
student came in on, his own volition to provide me with some
information concerning an assault which occurred on 10/14/92 in
the school's parking lot. I also took a taped statement for
Detective Lindman from a suspect involved in a damage to property
case.
During lunch I received a call from the Plymouth Middle School
staff, who had more information for me on a theft situation.
After. lunch I returned to my office and dictated three final
disposition summaries to close out those respective cases. One
case was a criminal sexual conduct, and the other two were damage
to property cases. I also attempted to contact the parents of
various victims and suspects in order to close out on those
respective cases. I assisted the parking lot attendants in
running some registrations for them so they could refer certain
students to school officials, too.
Before returning to the office, one student came in to report
another theft and another student stopped in to ask a question
about the schooling required in the State of Minnesota to become
a police officer. As I was walking out of the door I was once
again paged by the Middle School staff, who reported a student
with suicidal thoughts. This .student happened to be one of the
girl's I spoke with earlier in the day about her home
environment. Arrangements were made for the student's care.
Once back at the office I turned my paperwork in and checked with
Sergeant Ward about my day's activities. And, before leaving for
home at 3:30 I spoke with Mr. Boyles about this memo.
In a nutshell, that is a typical day's work. The schools are
doing a good job of screening out their requests. They are only
involving me in police related matters, and are handling their
own discipline and school procedure violations. With me as a
resource for the schools, they are better able to filter out what
I need to be involved with. This cooperative effort between the
Police Department and the School District is becoming better
defined every day, and there is very little friction.
Another question presented to me was how I handle reoccurring
problems. On average there are approximately 30 requests for
service per week for me at the schools. The most frequent is
reporting and investigation of thefts from hallway lockers. As I.
mentioned earlier, there is one locker bay of approximately 700
lockers which are common theft targets. They are located in a
secluded part of the building and are poorly designed. One can
easily pop the locker open and remove any contents. After a
report is taken I determine if any suspect's are known. If so, I
will question those involved and, if not, the report is filed. I
also mediate out several potentially assaultive events. Students
report on those who they are being harassed or bullied by. So,
before any further acts of violence take place, I attempt to
mediate the situation.
October 16, 1992
Page 3
I also answer a number of questions each day presented by
different students on a variety of issues concerning their home
life and law enforcement. And, as a side note, after learning
about some of the environments in which these students come from,
it is hard to blame them for acting out or for their poor
behavior and judgement. As a resource I give a lot of advice to
both students and administrators. If I do not know the answers'
to their questions, I will certainly try to guide them in the
proper direction. There are a variety of demands, and it takes a
lot of flexibility to proper handle the diverse situations which
occur in the schools.
Another Common activity is the attendance of a variety of
juvenile officer meetings. And because of the meetings and the
information learned, I am able to inform our officers of current'
practices and changes in the law concerning juvenile offenders.i,
As a matter of fact, due to some recent concerns, I have brought
several items to Captain Paulson's attention concerning juvenile'
drinking parties. He has formed a committee which will address
these concerns and it will be up to the group to form new
procedures for our department to follow. Nia Wronski and I will
also be developing a juvenile procedure handbook, which will
answer many questions relating to juvenile offenders.
Also, it should be noted that I have a rather liberal attitude
toward students. Being that I am not far removed from their age,
group, I can identify with many of their concerns. I try to'
always maintain my professionalism and represent our Police
Department in a very positive manner. Many students appreciate;
my demeanor. However, one must realize that although I am,
flexible, I do not jeopardize the integrity of my investigations.)
If I am working on an active case everyone is treated equally and!
professionally in order to present an objective, unbiased ands
complete case to the Juvenile Attorney's Office.
In the future I plan on making several presentations to various',
classrooms. I have a slide presentation on juvenile status
offenses and a video.on shoplifting. I am also in the process of
obtaining a video on harassment and bullying. I have only
received positive feedback from both teachers and the students on
the talks I have given in the past.
I hope that this memo will answer some of the existing questions.
I would also like to invite anyone interested in spending some
time with me at the school to do so at their convenience.
Finally, I would also like to thank everyone for their continued
support for this liaison position.
cc: Frank Boyles - Acting City Manager
Chief Craig Gerdes - Public Safety Director
Captain Dennis Paulson
Sergeant John Ward
November 30, 1992
Governor Arne Carlson
75 Constitution Avenue
St. Paul, MN 55155
CIN OF
PLYMOUTI-F
=. - k,*b
SUBJECT: NOMINATION OF MARY HILL SMITH FOR REGIONAL 13
METROPOLITAN COUNCIL SEAT
Your Honor,
This letter is written to encourage your appointment of Mary Hill Smith to the Region 13
Metropolitan Council vacancy. Ms. Smith has been an active member of the
Plymouth/Wayzata community for many years and understands the issues which the
Metropolitan Council will grapple with in the next few years.
Please give her your positive consideration.
Sincerely,
John Edson
Councilmember
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
November 25, 1992
Governor Arne Carlson
75 Constitution Avenue
St. Paul, MN 55155
107-IVA
000"00 j
b
SUBJECT: NOMINATION OF MARY HILL SMITH FOR REGIONAL 13
METROPOLITAN COUNCIL SEAT
Your Honor,
Please consider the appointment of Mary Hill Smith to the Region 13 Metropolitan Council
vacancy. Ms. Smith has been an active member of the metropolitan as a member of the
Wayzata School Board. She has exercised her leadership skills as chair of that body.
I
Mary is keenly aware of metropolitan issues. I recommend Mary Hill Smith for the Regional
13 Metropolitan Council vacancy.
Sincerely,
%� 17`Z
Kim M. Bergman
Mayor
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
IFBENSHOOF & ASSOCIATES, INC.
TRANSPORTATION ENGINEERS AND PLANNERS
7301 OHMS LANE, SUITE 500 / EDINA, MN 55439 / (612) 832-9858 /FAX (612) 832-9564
December 7, 1992
Mr. Kim Bergman, Mayor
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1482
REFER TO FILE:
RE: Slanderous Statements Made by Dan Witkowski Against Benshoof &
Associates, Inc. at Plymouth City Council Meeting on November 30, 1992
Dear Mayor Bergman:
I am very disturbed by remarks made by Dan Witkowski about our firm at your City
Council meeting on November 30. I first learned about this situation on Tuesday
morning through conversations with Jim Orr, Chuck Dillerud, and Fred Moore. On
Friday I reviewed the videotape of the council meeting.
Throughout my career, which now spans 23 years, I have worked hard to develop and
maintain a reputation for honest, professional transportation engineering work. The
reputation of myself and our firm is the most precious aspect of my work. In that
context, the false, slanderous statements by Mr. Witkowski trouble me deeply.
I would like to summarize the involvement we had with Mr. Witkowski and then
indicate the specific misrepresentations he made to us or the City Council. Mr.
Witkowski called Jon Wertjes of our firm on November 30. He indicated that he was
involved in developing property in the City of Plymouth and needed assistance to
resolve several access issues. He did not identify the particular property involved. He
indicated that his development company is named Griffith -Witkowski Development,
and he asked Jon Wertjes to provide two items: 1) a proposal for the requested scope
of services and 2) qualification materials about our firm. Jon perceived Mr.
Witkowski's request to be legitimate and thus submitted a proposal and qualification
materials to him by fax on November 30.
In light of the actual involvement described above, Mr. Witkowski made several
slanderous misrepresentations, including:
False explanation to Jon Wertjes of our firm regarding need for a prop.
Contrary to the interests and motivations expressed by Mr. Witkowski at the
City Council meeting, he told Jon that he was a developer of a project in
Plymouth and needed assistance to solve an access issue. I suspect that the
name of the company Mr. Witkowski communicated to Jon, Griffith -Witkowski
Development, is fictitious. The telephone directory provides no listing for a
company by that name. The business section of the Minneapolis White Pages
Directory does have a listing under Witkowski Dan, 4000 Olson Memorial
Highway, Golden Valley. Two company names that are presented on the suite
entrance at that address are "Dan Witkowski Presents:, Inc." and "Magicom,
Inc."
N
Mr. Kim Bergman -2- December 7, 1992
False statement to the City Council that the Benshoof firm "agreed to provide us
with a similar study." We did not agree to provide him with a study for the
Wood Pointe Estates project because he did not identify the specific property for
which he was seeking assistance. One of our fundamental business philosophies
is never to accept an assignment for a new client where our role is to review
work we previously performed for another client.
factors should be looked at:" We did not verbally or in writing make any
statement to that effect regarding the Wood Pointe Estates protect.
Benshoof firm "proves that surveys can be bought." As I mentioned before, the
paramount focus of our firm is to provide honest, professional transportation
engineering services. We never have and never will perform business as
suggested by Mr. Witkowski.
As you review the items expressed in this letter and reflect on the work we previously
performed for the Wood Pointe Estates project, I trust that you will perceive our firm
as an organization that meets high professional and ethical standards. Thank you for
understanding the depth of feeling and importance I place on this issue.
Sincerely,
BENSHOOF & ASSOCIATES, INC.
J es A. Benshoof, esident
c. Mr. John Edson, Council Member
Ms. Carole Helliwell, Council Member
Ms. Joy Tierney, Council Member
Ms. Maria Vasiliou, Council Member
Mr. Frank Boyles, Acting City Manager
Mr. Fred Moore, Director of Public Works
Mr. Chuck Dillerud, Director of Community Development
Mr. Jim Orr, Schoell & Madson, Inc. -
Mr. Frank Boyles
Acting City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MR 55447
Dear Mr. Boyles
As a new resident to
some feedback regarding
Center.
December 9, 1992
the Plymouth area I wanted to express
my experience with the Plymouth City
Having recently purchased a home in Plymouth I was forced to
visit the Plymouth City Center inorder to Homestead my
property or suffer a substantial tax increase. My mortgage
company provided me with a list of various city offices and
their respective hours. The list must have been dated as it
listed your hours as 8 am-7pm Monday and Sam-4:30pm Tuesday -
Friday. I was dissappointed to discover your hours had
changed to 8-4:30 M -F. This makes it difficult to visit your
offices since I work outside of the Plymouth area during
these same hours.
During my visit (after hours), I happened to notice a
customer service comment form. While this form seems to
indicate a commitment to customer service I wonder how this
can be with these type of hours. Since more families today
are dual income then ever before, these hours seem to make
customer service rather difficult.
It may not be necesary to be expand your hours greatly but
even one evening or a Saturday morning a month would be a
step forward.
Thank you very much for your time.
Sincerely yours,
�Y2s�G
Mark R. Johnson
425 Magnolia lane
Plymouth MN. 55441
December 9, 1992
Gene Wills
Knights of Columbus
3419 Zenith Ave N
Robbinsdale, MN 55422
Dear Gene:
The City of Plymouth has no objection to the ice fishing contest
you are sponsoring on Medicine Lake, Sunday, February 7, 1993.
We request that your group remove all debris from the ice in the
area of your contest once the event has concluded. A..member of
our park maintenance crew will check the lake on Monday, February
8, which is standard practice following an event of this type.
Good luck with the contest, and if I can be of further assistance
to you, please call me at 550-5131.
I
Sincerely,
Eric J. Blank, Director
Parks and Recreation
EJB/np
CC: ;ass' t . City' Manager -
Superintendent of Parks
Risk Management Coordinator
Director of Public Safety
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
f
December 11, 1992
Mr. Patrick Murphy, Director
HENN. CO. DEPT. OF PUBLIC WORKS
320 Washington Ave. So.
Hopkins, MN- 55343-8468
SUBJECT: COUNTY ROAD 61 FROM HIGHWAY 55 TO COUNTY ROAD 6
COUNTY ROAD 61 FROM I-494 TO POLARIS LANE
Dear Pat:
Over the past several years through periodic meetings the City of Plymouth
has discussed with County Board Members, County Administrator Vern
Genzlinger, and yourself needed transportation improvements on the County
road system within the City of Plymouth. We have been very appreciative of
the efforts of the County on being able to schedule and fund the upgrading
of County Road 6 which was completed last year. The County also began
reconstruction on County Road 10 this year and that project will be
completed by the fall of 1993.
There are two existing County road segments which are of a great concern to
the City of Plymouth because of existing traffic congestion and under
capacity of the existing road. They are as follows:
o County Road 9 from Polaris Lane to I-494.
o County Road 61 from Highway 55 to County Road 6.
The County has currently programmed improvements on County Road 9 as part of
your 1995/1996 Capital Improvements Program. The City, because of
additional development in the western part of Plymouth, has preliminary
plans under preparation to make the major roadway improvement which would
provide the connection between County Road 9 and County Road 24 at Highway
55. This connection has been a part of the City and County plans for many
years. It is very likely that this connection will be completed by the City
in 1995. This makes it even more critical that the portion of County Road 9
included within your CIP Program be completed.
The necessary improvements on County Road.61 have not been scheduled as part
of your Capital Improvements Program. The Minnesota Department of
Transportation (MnDOT) has a project underway which will improve Highway 55
at its intersection with County Road 61. This work is scheduled for
construction during 1994. Although a limited amount of work will be done on
County Road 61 at its intersection with Highway 55, there will remain major
improvements necessary by the County in the future. Your staff has reviewed
the MnDOT plans.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. Patrick Murphy, Director
December 11, 1992
Page Two
Beginning in 1981 Prudential Insurance Company started the development
complex known as the "Northwest Business Campus" along County Road 61
immediately north of Highway 55. Currently this development is
approximately 50Z completed. Currently the City is considering a request to
modify the previously approved plan to include a medical campus of
approximately 710,000 square feet. This medical complex is a joint venture
between Abbott Northwestern Hospital and North Memorial Hospital. It is
very likely that construction will begin on the first phase of this complex
in 1993. The additional traffic generated by the medical complex will
increase the already congested conditions on County Road 61 south of Highway
55.
The City has previously presented the County with a preliminary layout
indicating the necessary improvements on County Road 61. The City is
requesting that the county initiate a project to finalize these plans and
schedule the improvements for construction.
The Acting City Manager and I would like to meet
officials to discuss these projects. I will contact
week to see if we can arrange a meeting shortly after
new year. If you wish, you can contact me at
convenience.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
cc: Frank Boyles, Acting City'Manager
Mayor and City Council
County Commissioner Elect Sandra Hilary
2306 Fremont Ave. N.
Minneapolis, MN 55411
County Commissioner Elect Emily Ann Staples
1640 Xanthus Lane N.
Plymouth, MN 55447
County Commissioner John Keefe
A-2400 Government Center
300 S. Sixth St.
Minneapolis, MN 55487
with you and County
you within the next
the beginning of the
(550-5080) at your
December 11, 1992
Mr. John C. Larkin
35 Nathan Lane
Unit No. 221
Plymouth, MN 55441
SUBJECT: 1991 STREET RECONSTRUCTION PROGRAM, PHASE II
CITY PROJECT NO. 102
Dear John:
On October 26 you addressed the Plymouth City Council on your proposed
assessment for the reconstruction of Nathan Lane. 'In addition to other
comments you made to the City Council you stated that you thought the notice
which you received from the City on the public hearing and assessment was
very difficult to understand.
Some of the information in the notices and its format is prescribed by State
Law. There is other information which the City has some latitude in how it
is presented. Attached with this letter is a copy of the notice which you
received. I am requesting that you mark areas which you feel could be
written differently to make them easier to understand by the property owners
receiving the notice. Please return your comments to me.
If you would like to discuss your comments in person or on the telephone,
please call me (550-5080) to either arrange an appointment or to discuss
your concerns.
Sincerely,
i
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
enclosure
cc: Frank Boyles, Acting City Manager
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
NOTICE OF HEARING ON PROPOSED ASSESSMENT
1991 STREET RECONSTRUCTION PROGEAM - PHASE II
CITY PROJECT NO. 102
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Plymouth, MinnesIota
will meet in the City Council Chambers, Plymouth City Center, 3400 Plymouth
Boulevard, at 7:00 p.m: on Monday, October 26. 1992 to pass upon the proposed
assessment for 1991 Street* Reconstruction Program - Phase II by the
reconstruction of bituminous streets and all necessary appurtenances pursuant'
Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as
amended). j
The following is the area to be assessed: (SEE EXHIBIT A)
The proposed assessment is on file for public inspection at the office of the
City Clerk. Written or oral objections will be considered at the hearing. The
total amount of the proposed assessment is $560,363.90.
Following the hearing, the Council will decide whether any adjustments in the
roll are necessary and will, by resolution, adopt the roll. The first
installment will appear on the 1993 tax statement and shall include interestlat
the rate of 8.OX per year from the date of the resolution adopting the assessment
roll until December 31, 1993. If a property owner pays the full assessment on
his property prior to November 27, 1992, interest due on that payment would be
calculated to the date of payment. If such payment is made after November 27,
1992, interest will be charged to December 31, 1993. If a property owner pays
his assessment in full within 30 days of the date of the resolution adopting the
roll, no interest will be charged. Such payment should be made to the City
Treasurer at the City Hall.
'n— n.11 v •TnenTnT+ vnTT T.TTT T ninfIrTirr VAD TNTC AQQFQQMFNT VOTT WTT.T. NOT IRE
You may appeal any assessment to the District Court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or the
City Clerk within 30 days after the adoption of the assessment roll and filing
such notice with the Clerk of District Court within ten (10) days after service
upon the Mayor or City Clerk. 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 objection to that assessment with the City Clerk prior to the
hearing or has presented the written' objection to the presiding officer at the
hearing.
rie Raue orst, City Clerk
Dated: Septebmer 23, 1992