HomeMy WebLinkAboutCouncil Information Memorandum 10-27-1994Y
OCTOBER 27, 1994
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER:
NOVEMBER 1 6:30 P.M. SPECIAL COUNCIL MEETING
Public Safety Training Room
Ward 2 Vacancy
7:30 P.M. CITY ATTORNEY INTERVIEWS
Public Safety Training Room
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NOVEMBER 3 6:00 P.M. CITY ATTORNEY INTERVIEWS
Public Safety Training Room
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NOVFZVMER 7 7:00 P.M. COUNCIL MEETING
City Council Chambers
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NOVEMBER 14 7:00 P.M. COUNCIL STUDY SESSION
Public Safety Training Room
Topic: Planning for Northwest Plymouth
Infrastructure Needs
NOVEMBER 21 7:00 P.M. COUNCIL MEETING
City Council Chambers
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NOVEMBER 30 7:00 P.M. CITY BUDGETS PUBLIC HEARING
City Council Chambers
CITY COUNCIL INFORMATION MEMO
October 27, 1994
Page 2
2. WATER QUALITY COMMITTEE -- TUESDAY, NOVEMBER 1, 7:00 P.M., Public
Safety Library. (M -2)
3. PLANNING COMMISSION -- WEDNESDAY, NOVEMBER 2, 7:00 p.m., City
Council Chambers. This meeting will be on the Wetland Ordinance. Special meeting
notice attached. (M -3)
4. OPEN SPACE COMMITTEE -- THURSDAY, NOVEMBER 3, 5:00 p.m., Council
Conference Room.
5. PUBLIC HEARING -- HENNEPIN COUNTY DEPARTMENT OF PUBLIC
WORKS -- THURSDAY, NOVEMBER 10, 11:00 a. m. Hennepin County Board Room,
A -2400 Government Center. This hearing considers a proposed increase in the Solid
Waste Management Fee. Notice attached. (M -5)
6. METRO MEETINGS -- The weekly calendar of meetings for the Metropolitan Council
and its advisory commissions is attached. (M -6)
6. MEETING CALENDARS - City Council and City Center calendars are attached. (M -7)
1. NEWS RELEASE -- October 27, 1994 news release from City Manager Dwight
Johnson announcing the resignation of Councilmember Sheryl Morrison. (I -1)
2. GENERAL ELECTION UPDATE -- Attached is an information sheet provided to
Administration employees to assist them in answering questions raised by residents on the
upcoming General Election. We have extended absentee voting hours the Saturday
before election day, November 5, from 10 a.m. to 3 p.m. In past years, there has been a
number of voters waiting for us to open at 1 p.m.. Absentee voting has been heavy. We
have already processed in excess of 700 ballot applications with two weeks to go until the
election. (I -2a)
Also attached is a letter mailed to property owners from District 284 on the November 8
operating levy referendum. (I -2b)
3. DEPARTMENT REPORTS
a. Weekly Building Permit Report for Commercial /Industrial /Public and Use Types. (I-
3)
4. MINUTES:
a. Water Quality Committee, October 4, 1994. (I -4a)
b. Park and Recreation Advisory Commission, October 13, 1994. (I -4b)
CITY COUNCIL INFORMATION MEMO
October 27, 1994
Page 3
5. TOWN MEETINGS -- Attached is a summary of Resident feedback comments
submitted at the Ward 4 town meeting. Department head responses to Ward 1, 2 and 3
feedback forms are also included. (I -5)
6. MEMOS & CORRESPONDENCE:
a. Letter from Frank Powers, Crystal resident, to City Manager, stating concerns with
6a) sight obstruction on a city trail at Northwest Boulevard and 50th Avenue North. (I-
b. Insurance Claims Report from Plymouth Finance Department providing claims
acitivity through September 30, 1994, summarized under various status categories. (I-
6b)
c. Letter from Plymouth resident Matt Perry to Mayor Tierney, expressing concerns
about the water quality in Parks Lake. (I -6c)
d. Letter from Kathleen Powers, Co- President of the Plymouth Rockers requesting that
the Plymouth City Council establish on a permanent basis a competitive honorarium
for the director of the Plymouth Rockers. (I -6d)
Dwight Johnson
City Manager
AGENDA
WATER QUALITY COMMITTEE
MEETING NO. 32
Y
Tuesday, November 1, 1994
7:00 P.M.
7 :00 Call to Order
7 :05 Approval of Minutes as Received
7:10 Announcements & Visitor Recognition
7:15 Old Business
* Review and update on the Lundgren Soo Line East E.A.W. progress
through the system.
* Progress on the Wetland Ordinance and survey.
* Public education on lawn fertilizing for the City of Plymouth.
(Video - 10 minutes)
* Report from Council on Parkers Lake motion.
7:40 New Business
* Finalizing the Committee's charge:
1) Work on wording of objective
2) Work on wording of area of concentration
* Review Resolution No. 94 -507:
1) Begin discussing a budget
2) Begin formulating a work plan
8:45 Discussion
9:00 Adjourn
M-3
Y'
REMINDER NOTICE
WETLAND WORKSHOP
WEDNESDAY, NOVEMBER 2, 1994
PLANNING COMMISSION MEETING
7:00 P.M.
PLYMOUTH CITY HALL
3400 PLYMOUTH BLVD.
The focus of the entire meeting will be the Wetland Ordinance and will include a
presentation by the Plymouth Development Council.
If you have any questions about the workshop, call the City's Community Development
Department at 550 -5050.
(memosmetnote)
ennepin Uounty
An Equal Opportunity Employer
October 26, 1994 CERTIFIED MAIL
Proposed Increase of the Solid Waste Management Fee to 20% of charges for the
collection and disposal services of Mixed Municipal Solid Waste (MMSW) billed
and collected from "Residential Generators" and "Nonresidential Generators ",
pursuant to Hennepin County Ordinance 15 and effective February 1, 1995, and
offering a contract with a rate of $49 per ton to haulers
Public Hearing on November 10, 1994, 11:00 a.m.
Hennepin County Board Room, A -2400 Government Center
To All Interested Parties:
A public hearing will be held on Thursday, November 10, 1994, at 11:00 a.m. in the Hennepin
County Board Room for the purpose of considering increasing the Solid Waste Management Fee
to 20% of charges for the collection and disposal services of Mixed Municipal Solid Waste
(MMSW) billed and collected from "Residential Generators" and "Nonresidential Generators ",
effective February 1, 1995, pursuant to Hennepin County Ordinance Number 15, Solid Waste
Management Fee and Hauler License Ordinance; and offering a contract with a rate of $49 per
ton to haulers.
Written comments on the proposed financing change would be accepted and will be entered in
the hearing record. Testimony will also be taken on November 10.
If you have questions regarding the proposed financing change, feel free to call Tom Heenan at
348 -4491.
Janet Leick
Division Manager
Department of Public Works
417 North Fifth Street Recycled Paper
Minneapolis, Minnesota 55401 -1309
(612)348 -6846 FAX:(612)348 -8532
METRO MEETINGS (44
A weekly calendar of meetings and agenda items for the Metropolitan
standing committees, and four regional commissions: Metropolitan
Metropolitan Parks and Open Space Commission, Metropolitan Sports F
Regional Transit Board. Meeting times and agendas are occasionally cI
meetings should be directed to the appropriate organization. Meeting inf
on the Metro Information Line at 229 -3780. 7
DATE: October 21, 1994
WEEK OF: October 24 - October 28, 1994
METROPOLITAN COUNCEL
Council, its advisory and
M
Questions al
n is also avail
Community Development Committee - Monday, Oct. 24, Noon, Room IA. The committee will
consider. Andover comprehensive plan amendment for a two -acre metropolitan urban service area
expansion; an Eden Prairie comprehensive plan amendment for Hartford Place; a request for
proposal for the Metropolitan Council Housing and Redevelopment Authority housing assistance
loan program; Independence comprehensive plan amendment for Tamarack Shores; the bylaws of
the Metropolitan Council Housing and Redevelopment Authority Advisory Committee;
Geographic Information System options paper; and other business.
Transportation Committee - Wednesday, Oct. 26, 3 p.m., Chambers. The committee will
consider: Transit Operations 1995 grant applications to FICA under Section 9, Section 3, Team
Transit and STP Program; final application to the right -of -way acquisition loan fund, city of Maple
Grove, hardship acquisition to 11250 97th Av.; request to solicit bids for replacement of the
HVAC system at the Martin J. Ruter garage; request to solicit for bids for improvements to
comply with Americans Disabilities Act standards; agreement with St. Paul HRA to create a site
for the 5th St. station of the St. Paul transit hub; Transit Operations limited use permit for park
and ride use at Highway 7 and Vinehill Rd. in Shorewood; contract award for rebuilding MAN
engines; contract award for antifreeze; dual -track decision document; further discussion on transit
budget; and other business.
Issues Foram on Transit - Wednesday, Oct. 26, 5:30 p.m. or immediately following the
Transportation Committee meeting, Chambers.
Chairs Informal Meeting with Council Members - Thursday. Oct. 27, 3 p.m., Chair's Office.
Metropolitan Council - Thursday, Oct. 27, 4 p.m., Chambers. The Council will consider
membership in MSRS unclassified retirement program; approval of trustee for Target Center
financing; approval of tentative agreement to amend labor agreement between the Metropolitan
Council and AFSCME Council 14, Local 829; approval of draft for public hearing and setting
hearing date for policy on contaminated soil clean -up of regional park land and 1990 -91 Regional
Parks CIP amendment; City of Independence comprehensive plan amendment Tamarack Shores;
Twin Cities Water Quality Initiative grant recommendations; authorization to execute change
order in excess of 5% of original construction contract amount for Bayport interceptor;
authorization to execute change order in excess of 5% of original construction contract amount
for Cottage Grove wastewater treatment plant phase 9A site work; second reading of revision to
Metropolitan Council bylaws; inquiry about standing committees schedules for December;
scheduling of Committee of Whole meeting; confirmation of AMM appointment to the
Transportation Advisory Board; and other business. M G
Metropolitan Radio Systems Planning Committee - Friday, Oct. 28, 9 a.m., Metropolitan
Mosquito Control District Offices, 2099 University Ave., St. Paul. The committee will consider
consensus on technical design issues; implications of delay in resorting 821 MHz frequencies; a
review of draft resolution for local government support for 1995 radio system legislation; an
update on activities to supplement funds for design study; and other business.
Airport Contingency Planning Committee - Friday, Oct. 28, 10 a.m., Room 2A.
Legislative Coordinating Committee (TENTATIVE) - Friday, Oct. 28, Noon, Room IA.,
TENTATIVE MEETINGS THE WEEK OF OCTOBER 24 - OCTOBER 28, 1994
Chair's Informal Breakfast Meeting with Council Members - Tuesday, Nov. 1, 8 a.m., location to
be determined.
Minority Issues Advisory Committee - Tuesday, Nov. 1, 430 p.m., Chambers.
Transportation Technical Advisory Committee to the Transportation Advisory Board -
Wednesday, 9 a.m., Room 2A.
Joint Meeting: Environment Committee /Community Development Committee - Wednesday, Nov.
2, 4 p.m., Room IA.
Finance Committee - Thursday, Nov. 3, 4 p.m., Room 2A. (The last part of this meeting will be
closed to the public pursuant to Minnesota Statutes Section 471.705, Subdivision la [1992] to
discuss labor negotiation issues.)
Legislative Coordinating Committee - Friday, Nov. 4, Noon, Room IA.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting
times and agenda are subject to change. For more information or confirmation of meetings, call
291 -6447, (TDD 291 - 0904). Call the Metro Information Line at 229 -3780 for news of Council
actions and coming meetings.
METROPOLITAN SPORTS FACILITIES COMMSSION
Capital Improvements Committee - Wednesday, Oct. 26, 9 a.m., Commission office conference
room. The committee will consider a change order to the 1994 Met Center Demolition Project
for the sale of miscellaneous equipment, including the ice plant and boilers.
Commission Meeting - Wednesday, Oct. 26., 930 a.m., Commission office conference room. The
commission will hear a report from the Capital Improvements committee regarding the above
change order and receive an update on the Target Center as well as a report on the first meeting
of the Advisory Task Force on professional sports franchises. An executive session will be held to
discuss possible pending litigation.
The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis,
MN 55415. All meetings are held in the Commission office conference room, unless noted
otherwise. Meeting times and agendas occasionally must be changed. To verify meeting
schedules and agenda items, please call Tamra Sharp, 335 -3310.
r OFFICIAL CITY MEETINGS
October 1994
Sunday Monday Tuesday Wednesday Thursday Friday
Saturday
1
2
3
4
5
6
7
8
5:30 PM A. Mtg. w/ Henn.
Co. Lib. Bd. (Pub. Safety
Tmg Rm.)
7:00 PM WATER QUALITY
COMMITTEE - Council Coot
Rm
7:00 PM WARD 1 TOWN
MEETING - Council
Chambers
7:30 PM HUMAN RIGHTS
COMMISSION - Council
Conf. Rm
7 OO PM COp����TING\
9
10
11
12
13
14
15
7:00 PM WARD 2 TOWN
7:00 PM BOARD OF
7:00 PM PLANNING COM-
7:00 PM PRAC - Pub.
MEETING - Council
ZONING - Pub. Safety
MISSION - Council
Safety Trng Rm
Chambers
Library
Chambers
Columbus Day (Observed) -
Public Works Closed
16
17
18
19
20
21
22
6:00 PM SPECIAL COUNCIL
MEETING - Council Conf.
Rm
7:00 PM CANDIDATES FORUM -
League of Women Voters - C.
Chambers
7 :00 PM —WATER QUALITY
COMMITTEE P.S. Library
_
7 :00 PM PACT - CC Lgr Conf
Rm
7 :00 PM WARD 3 TOWN
MEETING - Council
4:30 PM OPEN SPACE
COMMITTEE - Council
Conf. Room
-
Chambers
23
24
25
26
27
28
29
6:15 PM Tree Preservation
Subcommittee - Lg. Cont.
Room
6:00 PM FINANCIAL
ADVISORY COMMIT-
TEE - Pub. Safety
Library
7:00 PM PLANNING COM-
MISSION - Council
Chambers
7:45 PM OPEN SPACE
SUBCOMMITTEE -
Park & Rec. Conf.
Room
7:00 PM WARD 4 TOWN MEETING
- Council Chambers
30
31
September
November
S M T W T F S
S M T W T F S
Daylight Savings- -set back 1
hour
Halloween
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
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
10/26/94
OFFICIAL CITY MEETINGS
November 1994
Sunday Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
October
1
2
3
4
5
S M T W T F S
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
6:3o PM SPECIAL COUNCII
MEETING -Pub. Safety
Training Room
7:00 PM WATER QUALITY COM-
MITTEE - Pub. Safety Library
7:30 PM CITY ATTORNEY INTER-
VIEWS- Pub. Safety Trne Rm
7:00 PM PLANNING
COMMISSION - Council
Chambers
5:00 PM OPEN SPACE
COMMITTEE - Council
ConL Room
6:00 PM CITY ATTOR-
NEY INTERVIEWS -
Pub. Safety Trng Rm
City Center Customer Count -
er Open for Absentee
Voting 10 am. - 3 p.m.
6
7
8
9
10
11
12
7:00 PM PLANNING COMMIS-
SION - Council Chambers
7:00 PM PRAC - Pub. Safety
Tmg Rm
Veterans Day - City Offues
Closed
i0 pUN� MEET
7:30 PM HUMAN RIGHTS
City Center Customer Count-
er en or Absentee
OP .%
Voting - 8 am- - 7p.m.
State General Election -
Polls open 7 a.m. - close 8
COMMISSION - Pub. Safety
Library
P.m.
13
14
15
16
17
18
19
'i I!i11`ii '
7:00 PM BOARD OF
7:00 PM HRA - Pub. Safety
STUDY SESSION Pub.
Safety Trng Rl�°,•` „ ,;
ZONING - Pub. Safety
Library
Tmg Rm
7:00 PM PACT - Pub.
Safety Library
20
21
22
23
24
25
26
7 :00 PM COUNCIL MEET
6:00 PM FINANCIAL
ING - 6uncU Chambers ,
ADVISORY COMMIT-
TEE - Pub. Safety
Library
Thanks ivin Holida
- City 2Lflces Closed
27
28
29
30
December
Hanukkah
7:00 PM PLANNING COMMIS-
sfoN - Council Chambers
7;00 PM CITY BUDGETS
_ PUBLIC HEARING -
� - -
S M T W T F S
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
10/27/94
M#*
City Council Weekly Planner
October 30 - December 10, 1994
Sunday Monday Tuesday Wednesday Thursday Friday Saturday,
Oct 30 Oct 31 Nov 1 Nov 2 Nov 3 Nov 4 Nov 5
Daylight Savings —set Halloween 6:30 PM SPECIAL 7 5:00 PM OPEN City Center Customer
COUNCIL MEETING- Counter ett Or
back 1 hour COMMISSION - SPACE COMMIT -
Pub. Safety Training Council Chambers TEE - Council Cont. P f
Room Room Absentee Voting 10
7:00 PM WATER QUAL-
ITY COMMITTEE 6:00 PM CITY ATTOR a m - 3 p.►n
-
Pub. Safety Library NEY INTERVIEWS -
7:30 PM CITY ATTOR- Pub. Safety Trug Rm
NEYINTERVIEWS-
Pub. Safety Trug Rm
Nov 6 Nov 7 Nov 8 Nov 9 Nov 10 Nov 11 Nov 12
7Ai G(fLIAfCII. 7:00 PM PLANNING '7:00 PM PRAC - Pub. Veterans Day - City
MEETING t+mnell COMMISSION - Safety Tmg Rm Offices Closed
iiambart� 5 Council Chambers 7:30 PM HUMAN
City Center Customer RIGHTS COMMIS.
Counter Open for State General SION - Pub. Safety
Absentee Voting - 8 Library
am -7µm. Election - Polls
open 7 a. m. -
close 8 p.m.
Nov 13 Nov 14 Nov 15 Nov 16 Nov 17 Nov 18 Nov 19
7:00 PM BOARD OF 7:00 PM HRA - Pub.
iii �0l!1 - ZONING - Pub. Safe Tm Rm
u6 5afeix'irtgta Safety Library ty g
7:00 PM PACT -Pub.
Safety Library
Nov 20
Nov 21
Nov 22
Nov 23
Nov 24
Nov 25
Nov 26
7 OQi%ri,
G Cpatrcl
'I ambers y -
6:00 PM FINANCIAL
ADVISORY COMM-
ITTEE -Pub. Safety
Library
Thanks iWn HoNda
Citv Offices Closed
Nov 27
Nov 28
Nov 29
Nov 30
Dec 1
Dec 2
Dec 3
Hanukkah
7:00 PLANNING
COMND MISSION -
Council Chambers,
Dec 4 Dec 5 Dec 6 Dec 7
7 Otl0 7:00 PM WATER 7:00 PM CITY BURG-
MEE G Coraall QUALITY COMMIT- ETS PUBLIC BEAR-
Chamhen TEE - Pub. Safety ING (Reconvene) -
Library Council Chambers
10/27/94
Dec 8
:00 PM PRAC -Pub.
Safety Trug Rm
30 PM HUMAN
RIGHTS COMMIS-
SION - Pub. Safety
Library
Dec 9
Dec 10
CITY OF
PLYMOUTR
For Immediate Release For More Information
October 27, 1994 Dwight Johnson, 550 -5011
Plymouth Ward Two Councilmember Resigns
Plymouth City Councilmember Sheryl Morrison resigned her seat on Oct. 26.
Morrison represented Ward 2, the southwest quadrant of the Plymouth. She had served on
the City Council since being appointed in February to fill the vacancy created when Joy
Tierney gave up the seat after assuming the office of Mayor. Morrison was selected from
a field of eleven applicants.
Under the City Charter, the Plymouth City Council is charged with appointing a
replacement to fill the remainder of Morrison's term which runs through 1995. The City
Council plans to meet next week to discuss the process it will use to select a person to
serve the rest of the term.
Morrison, who works as an attorney with a Minneapolis law firm, cited
professional demands as the reason for her resignation. "I believe that the citizens of
Plymouth deserve fair, proper and zealous representation on the Council and I believe that
due to these recent conflicting professional demands, I can no longer provide that required
level of representation," she wrote in her letter of resignation.
Morrison added that her decision was not an easy one. "My decision is made more
difficult because of the enrichment that I have gained and that I anticipated through my
service on the City Council. I have learned a great deal about this city and its wealth of
natural and human resources, and I have met some wonderful people who share a real
sense of pride in their city. I have had the pleasure of working with a group of staffpersons
employed by the city which outshines any group of people with whom I have worked,
both in abilities and dedication.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
I'
"Finally, I have had the opportunity to collaborate with other members on he
Council in helping to shape the future of Plymouth and trying to make it one of the best
places to live and work. The members of this City Council are uniquely dedicated in their
service to the citizens of Plymouth and are committed, heart and soul, to building
Plymouth's bright future using their outstanding intelligence, compassion, vision and hard
work," she added.
10/20/94
QUESTIONS ON PLYMOUTH'S CONGRESSIONAL DISTRICT
We are receiving questions from voters on the status of Plymouth's congressional district.
Previously, Plymouth was in the 2nd Congressional District represented by Jim Ramstad.
Redistricting in 1992 placed Plymouth in the 6th District, and Rod Grams was elected in
November 1992. A court decision revised the congressional district lines and Plymouth will be
in the 3rd District for the November 1994 election. To say the least, residents are confused
about this issue and are asking who is their representative? You may tell them that-for 1994
their representative is who they elected in the 1992 election - Rod Grams, 6th District.
However, effective January, 1995, Plymouth will be represented by the 3rd District, as
reflected on the ballot they receive on November 8. If they have further questions, please
refer calls to Laurie.
PRE -VOTER REGISTRATION CLOSED
Voter registration for the general election closed on October 18. Persons wishing to register
must now do so at their polling place on election day. Advise the voter of their polling
precinct and provide them with a registration card, asking that they complete the card prior to
going to the polls in order to expedite their registration process on election day. Please also
remember to inform them of identification requirements for registration.
ABSENTEE VOTING:
Time restraints for mailing absentee applications are going to become a factor next week. We
are recommending that Friday, October 28. as the last day to mail out AB applications. We
will not refuse to mail applications after that date, but we cannot guarantee the entire process
can be completed by election day. Voters will have two options after this time to vote
absentee:
1. If a voter cannot come in to City Hall before the General election to vote, ask if they
access to a fax machine. We can fax them the application, have them complete it and
fax it back to us. Ballots will be then be mailed out to them.
2. The only other option is for the individual to come in to the City Center and vote.
Additional hours for absentee voting are:
Saturday, November 5 from 10 a.m. - 3 p.m. (revised hours)
Monday, November 7 from 8 a.m. - 7 p.m.
10/20/94 �,, Zq
POLLING LOCATION CHANGE - PCT. 2
Just a reminder - for this election only - Precinct 2 will vote at Greenwood Elementary, 3635
State Highway 101. Registers voters should have received a post card notice from Hennepin
County on the change.
A
I'M NOT A REGISTERED VOTER..... TO REGISTER AT THE POLL ON ELECTION
DAY - REQUIREMENTS:
Must be a 18 years of age and a Minnesota resident for at least 20 days; and
NO
1) Present a current Minnesota Drivers License, identification card, or student I. D.
with their current address on it;
2) go to the precinct with a registered voter from their precinct who will vouch
that they live at the address stated on the registration form. -
A resident can change his /her driver's license on election day. The receipt they receive
from a deputy register can be used for registering at the poll.
If a voter is already registered and moves within the same precinct, they may re- register at the
polling place.
HELP IS ON THE WAY..... Beginning Monday, Nancy Schmidt and Kathy Loehr will be
here at the City Center from 10 a.m. - 4:30 p.m. to help with absentee voting and other
election activities. We will be using the Admin conference room as their "office" work space
and to store absentee ballots. As of this morning, we have received 450+ requests for AB
ballots!
If you receive any questions you cannot answer, please take the person's name and number and
Laurie or Judy will return the call.
THANKS FOR YOUR HELP!
INDEPENDENT SCHOOL DISTRICT 284
Wayzata, Minnesota
October 14, 1994
I
Dear District 284 Property Owner:
Enclosed in this mailing is a document titled "Notice of
Special Election" which is required to be sent to all property
owners in advance of the operating levy referendum on November 8.
It follows a legally prescribed format which we believe needs
explanation.
The "dollar increase" column on the reverse side of the sample
ballot mostly represents taxes already being paid by homeowners
since 1991. The reason it is called an "increase" is because, for
legal reasons, the District's referendum authority is taken back to
zero as though it has never been on the books.
How will approval of the referendum on November 8 affect your
taxes? We've taken the same columns applying to homestead
residential values and reproduced them below. We also added two
new columns: Column three shows what you are currently paying;
column four shows your projected actual change, effective 1997.
Residential "Dollar Current Tax Actual Tax
Market Value Increase" Being Paid Change, 1997
$ 50,000
$
133
$ 70
$63
$ 60,000
$
160
$ 84
$76
$ 75,000
$
200
$ 109
$91
$ 100,000
$
266
$ 179
$87
$ 125,000
$
333
$ 249
$84
$ 130,000
$
346
$ 263
$83
$ 150,000
$
399
$ 318
$81
$ 200,000
$
532
$ 458
$74
$ 250,000
$
665
$ 597
$68
$ 300,000
$
798
$ 737
$61
$ 500,000
$
1,330
$1,295
$35
$1,000,000
$
2,661
$2,691
($30)
We hope this information will prove more calming than the
unexplained figures in the legal document enclosed. If you have
questions on this, call the Wayzata School Diltri ice at 476-
3100. i/ i'
BoarAk-,Ch)lrman
Board _T-r-basurer
Prepared and paid for by Independent School District 284, Wayzata, Minnesota.
This publication is not circulated on behalf of any candidate or ballot question.
y -3
DATE: OCTOBER 20, 1994
TO: DWIGHT JOHNSON, CITY MANAGER
FROM: CARLYS SCHANSBERG,' A ATA INSPECTION /CONTROL
CLERK
SUBJECT: BUILDING PERMIT ISSUED REPORT FOR
COMMERCIAL /INDUSTRIAL /PUBLIC & CHURCH USE TYPES
WEEK OF OCTOBER 19 THROUGH OCTOBER 26, 1994
PERMIT #63522 WAS ISSUED TO OPUS CORPORATION FOR FINGERHUT
LOCATED AT 6150 TRENTON LANE NORTH, VALUATION $13,500,000.00
PERMIT #63560 WAS ISSUED TO D J KRANZ FOR MINNTECH CORPORATION
LOCATED AT 14605 28TH AVENUE NORTH, VALUATION $147,500.00.
PERMIT #63382 WAS ISSUED TO CITY OF PLYMOUTH, 3400 PLYMOUTH
BOULEVARD, VALUATION $2,607,000.
PERMIT #63672 WAS ISSUED TO CITY OF PLYMOUTH, 3400 PLYMOUTH
BOULEVARD, VALUATION $1,988,300.00.
NUNUTES ka
WATER QUALITY CON IITTEE
MEETING NO. 31
TUESDAY, October 4, 1994
7:00 P.M.
PRESENT: Members - Mary McKee, Sharon Meister, Craig Twinem, David Shea,
Jeff Shopek, Rita O'Donnell.
Staff Ex- officio - Dan Faulkner, Council Member Chuck Lymangood.
GUESTS PRESENT: John Barten/Hennepin County Parks, Mayor Joy Tierney,
George Waldow /East Parker's Lake Improvement Assoc., Henry
Willegalle /E. P. L.I.A. , Marsha Videen/E. P. L.I.A. , Chuck Charest /E. P. L.I.A. ,
Bridget Jodell/Association of Medicine Lake Area Citizens, Erika Urban/A.M.L.A.C.,
John Keho /City Staff.
The meeting was called to order by Chairperson Mary McKee. The minutes were
amended and then approved for the September 6, 1994 meeting. The visitors were
welcomed.
OLD BUSINESS
The first item of old business was a report from Chuck Lymangood on the Council's
response to the Water Quality Committee's recommendation for an acceleration of the
City's Surface Water Management Plan. The recommendation for acceleration was
accepted. The preliminary work of finding a Water Resources Coordinator can begin,
and the first item on the coordinator's agenda will be the Surface Water Management
Plan.
The question of when this committee will begin looking for a replacement for Luann
Yattaw came up. Dan Faulkner reported that the city clerk has already started the
process of recruiting for the position.
The next item on the agenda was to receive from staff an overview on the progress of
the Wetland Ordinance. John Keho reported that the Planning Commission was not
satisfied with the City Council's authorized analysis of the wetlands and the PC wants
all wetlands delineated. He gave a list of upcoming meetings that will be held to allow
further work on the wetlands issue. October 26 - this meeting may contain a
developer's presentation, but if not then November 2nd. November 2 - Special
Planning Committee meeting regarding wetlands issues only (grading of wetlands will
be done by this time). November 9 - Planning Committee's regularly scheduled
meeting. November 29 - Public Hearing on proposed wetland ordinance.
MINUTES - WATER QUALITY COMMITTEE MEETING NO. 31
Page 2
There was much discussion regarding the Planning Commission's request that
developer's submit in writing what their plans are. This was to show how a wetlands
ordinance would affect their plans and would be very useful in assisting the Planning
Commission when making their decisions. The motion was made that the Water
Quality Committee request that the Planning Commission consider drafting a sunilar
letter to the one that was sent to the development community, to be sent to the
environmental community. The motion was seconded and passed by a 6 -0 vote.
The third item on the agenda was to discuss this committee's role in educating the
public on phosphorus -free fertilizers. The City Council approved that this committee
be allowed to make a video regarding this issue, to be played on the city's cable
channel. Helen LaFave, Communications Coordinator, will assist. This will be
included in the 1995 work plan (to be discussed at the next meeting). It was mentioned
that John Barten/Hennepin County Parks, and Bob Mugaas /MN Extension
Service(Hennepin County), be invited to be a part of this. It was also noted that a City
produced video was made last June and this should be reviewed by the Committee.
Mayor Joy Tierney passed out information regarding a High School Fund - raiser selling
phosphorus -free fertilizer. The points were made that this would be a way to get a
phosphorus -free fertilizer out to the community, it would raise money for the schools,
and would aid in educating the public about phosphorus -free fertilizers. AJ Hodges'
company - Fairway Green - would be the supplier for this project. Mayor Tierney
mentioned the fund raiser would be discussed at a meeting scheduled for October 27 at
Plymouth Creek Elementary at 7:30 p.m.
The final item of old business was to hear from the East Parkers Lake Improvement
Association. The E.P.L.I.A. was here at the request from Council to receive input
from this committee regarding their request for a feasibility study. After careful review
the revised motion of the E.P.L.I.A. stated, We request a feasibility study to be
started concurrently with the Surface Water Management Plan of the options identified
in the Bassett Creek Watershed Management Commisssion's Diagnostic Study of
Parker Lake, November 1993." The motion was made that this committee recommend
to Council that they go ahead with the feasibility study as amended. The motion was
seconded and passed by a 6 -0 vote. Points were made that the study is backed by the
Basset Creek Watershed, and also that the results of this study must be conclusive. A
comment was made by Bridget Jodell that the Bassett Creek Commission had done a
similar study of Medicine Lake about 5 years ago and identified water quality
improvement options but nothing ever happened.
The first item of new business was the introduction of an Environmental Assessment
Worksheet. The point was made that an E.A.W. does not list options, but rather
determined if an Environmental Impact Study is necessary. After much discussion, it
was agreed that this committee would be interested in putting the reviewal of E.A.W.'s
M
MINUTES - WATER QUALITY COMNM -rEE MEETING NO. 31 l�,a
Page 3." 'TT
under its umbrella. E.I.S.'s would also be reviewed, but if too overwhelming, will
recommend that a subcommittee be formed.
A meeting to review the current E.A.W. for the Soo Line East property located north
of County Road 9 between Holly Lane and Peony Lane was set for October 18th, at
7:00p.m. The results of this meeting would be prepared and submitted by the deadline
of October 26.
Address updates for 2 committee members were noted: Jeff Shopek, 4330 Evergreen
Lane, Plymouth , MN. Rita O'Donnell, 3225 Wellington Lane North, Plymouth, MN,
55441. Phone - 546 -2478.
The meeting was adjourned at 9:10 p.m.
Submitted by:
Loree Williams, Recording Secretary
COMMENTS /QUESTIONS FROM
THE PLYMOUTH WATER QUALITY COMMITTEE
After a careful review of the Environmental Assessment Worksheet, dated September
16, 1994, conducted on the Soo Line East property, Plymouth, Hennepin County,,M[N,
owned by Lundgren Brothers, Inc., the Plymouth Water Quality Committee wouldlike
to raise the following considerations for your review.
Question 6. Description
Page 3, #1.: "Excavation of trenches..."
* The E.A.W. consultants, Schoell & Madson, Inc., need to explain where the ground
water is going to be drained to and how they are going to maintain the trenches and
control the siltation.
Page 3, Last paragraph: "Wetlands on the site..."
* Monitoring should be done on both the existing and the mitigated wetland to assure
the existing wetlands are not drained.
Pages, Paragraph 3: "As a precaution..."
* It is suggested that perforated pipe be installed along the edges of the roadways and
be connected to the storm sewer to provide individual home owners a place to connect
their drain tile lines.
* With regard to the wet conditions stated in this question, do these homes need to have
basements?
Question 11. Fish, Wildlife, and Ecologically Sensitive Resources
Pages 6 -7: "a. Describe fish and wildlife resources on or near the site... "
* The E.A.W. states -
(page 7, paragraph 2) "A low diversity of songbird species was observed on the site."
(page 7, paragraph 3) "White- tailed deer sign was prevalent on the site, but no
evidence of other mammals was observed."
(page 7, paragraph 4) "Small mammal populations on the site appear to be low. This
is based on the lack of evidence of predator activity (i.e. hawk, owl, fox)..."
However, a field trip to the site on Sunday, October 23, 1994 - which was a cold,
windy, overcast, fall day - revealed the following wildlife species: *broad- winged
hawks, white throated sparrow, song sparrow, hairy woodpecker, downy woodpecker,
pilhated woodpecker(breeder pair), junco, ring -billed gull, Franklin's gull, mallard,
COMMENTS /QUESTIONS FROM
THE PLYMOUTH WATER QUALITY COMMITTEE
Page 2
Canadian goose, crow, black - capped chickadee, cardinal, red - breasted nuthatch, blue
jay, gray squirrel, albino squirrel, rabbit, and white - tailed deer.
A spring field trip revealed *blue -gray gnatcatchers(a likely breeding pair), *scarlet
tanager, *red -eyed vireo, red- bellied woodpecker, chestnut -sided warbler, yellow -
throat warbler, redstart, red- breasted grosbeak, least flycatcher, downy woodpecker,
hairy woodpecker, and *Baltimore oriole. On a night field trip great- horned owls and
screech owls were heard calling.
An adjacent landowner reported to us that he also observes coyote, red fox, raccoon,
and skunk.
;I... 4-a
The presence of predators, at the top of the food chain, such as great - horned owls and
broad - winged hawks, indicates an abundant population of prey species. This
observation refutes the E.A.W. statement, "Small mammal populations on the site
appear to be low."
What time of year and time of day were the E.A.W. consultant's observations made
(acknowledging that time of year and day are crucial to the number and diversity of a
field study)? The above documentation of birds and small mammals, primarily
observed on a cold day when wildlife seeks shelter and warmth from the elements,
indicates a strong possibility that a far richer diversity of species exists than the
E.A.W. chooses to admit. Hence the E.A.W. response to question 11 is found to be
inadequate and incomplete.
Page 8: "b. Are there any state -listed endangered, threatened, or special- concern
species..."
* The reason the E.A.W. states that "no occurrences of rare species or natural
features... " on or near this site, are found in the DNR Natural Heritage Database is
because Hennepin County was never surveyed for the Database.
In addition, six of the observed species are included on the MN Forest Birds at Hieh
Risk list (designated to be studied by the DNR). Five of these species are identified
above, question 11 a., with an asterisk, and one is included on the E.A.W, list - the
great - crested flycatcher.
Question 12. Physical Impacts on Water Resources
Page 9, middle of paragraph 3: "A high degree..."
* Is this referring to a buffer? Please clarify.
COMMENTS /QUESTIONS FROM
THE PLYMOUTH WATER QUALITY COMMITTEE
Page 3
Page 9. last paragraph: "It is important... "
* This should include the monitoring of existing wetlands also.
Page 10, end of paragraph 1: "If any of..."
* Who will enforce this last sentence and who will take the corrective measures?
Question 13. Water Use
Page 10: "b. Will the project..."
* The E. A. W. consultants need to provide documentation that appropriation from the
DNR is not needed.
Question 18. Water Quality - Surface Water Runoff
Page 12_a: " 1. Western wetlands which contain wetlands 2, 71 10, and 13. "
* Need to clarify numbering of wetlands on map, these were not legible. Also need to
indicate detail of flow from NURP pond to NURP pond.
Page 13 -14: Refer to the attached letter to the Plymouth Water Quality Committee,
dated October 18, 1994, from John M. Barten, Water Quality Manager with the
Suburban Hennepin Regional Park District.
Question 20. Ground Water - Potential for Contamination
Page 15: "b. Describe any of..."
* The E.A.W. consultant needs to verify with documentation from the Hennepin
County Conservation District that abandoned and /or unused wells do not exist.
Page 15: "c. Identify any toxic... "
* This E.A.W. needs to address equipment refueling during construction and how
potential spills and/or leaks would be handled.
Question 28. Compatibility with plans
Page 20, last paragraph: "This amendment is... "
Z- d-a
COMMENTS /QUESTIONS FROM
THE PLYMOUTH WATER QUALITY COMMITTEE
Page 4
* On what property are berming and landscaping to be used, i.e., which side of Peony
Lane?
* *In reference to figure 12c, the Water Quality Committee would like the E.A.W.
consultant to submit a clearer map, indicating where they will propose to fill wetlands
and where the proposed mitigation will be.
HENNEPIN SUBURBAN HENNEPIN REGIONAL PAFK, DISTRICT
12615 County Road 9 Plymouth, "Minnesota 55441 -1248 t
PARIU.Telephone (61 "2)559 -9000 TDD (612) 559 -6719 FAX 559 -3287
October 18, 1994 ,
Plymouth Water Quality- Committee
3400 Plymouth Boulevard
Plymouth, MN - 55447
SUBJECT: Soo Liner EAW Review i
I have reviewed the Soo Line EAW and offer the following comments: `
The post, development phosphorus export quantities appear to be low. The
Walker PONDNET model estimates an increase of over 150 percent in
phosphorus export following -development as compared to an increase .of
only 22 percent - estimated in the EAW. The construction of 29 acres of
impervious surface will significantly increase the amount of runoff from the
site resulting in an increase in phosphorus export even-though the
concentration of phosphorus in the runoff water is lower. The model does
show that if properly designed NURP ponds are constructed, the post -
development P export can be reduced to pre- development levels.
- The wetlands are. not numbered on the Maps to correspond to the text on _
pages 12 and 13. -
The treatment of discharge water from the dewatering operation is not -
discussed.- In addition, the discharge point is not indicated, - nor are the:
flows estimated.
The routing of the stormwater through" the NURP ponds is not shown:'
This makes it difficult to estimate the effectiveness of the ponds.
In order to adequately .protect . the quality of Elm Creek Park, Hennepin Parks
recommends that -the above. points, be addressed in 'the EAW.
Since ly,
John M. Barten
Water Quali ty Manager
JMB /Jb {.
BOARD OF COMMISSIONERS _
David J. Dombrowski, Linda Marquardt, _ _ Jim Caray Marilynn Corcoran Rosemary Franzese
Chair Vice -Chair Edina Da Brigitte Kay. Reuther ' Marcia Taubr
Dayton
St Louis Park Maple Grove - Y St. Anthony Plymouth') Hopkins _
Douglas F.-Bryant,
Superintendent and Secretary to the Board - An Equal Opportunity Employer RECYCLED PAPER - Conserving our Resources
Contains 50% total recycled fiber, 10% Post - consumer fiber
PONDNET
Detention
Pond Network Performance
Analysis
W. Walker July 1987
Press ALT -G for
Graph
INPUT VARIABLES....
UNITS
case label
-
NURP
PREDEV
POSTDEV POND A
POND B
watershed area
acres
100
79
76.5
40
36.5
runoff coefficient
-
0.2
0.11
0.38
0.38
0.38
pond area
acres
1
0.005
0.005
1
1
pond volume
acre -ft 4.16667
0.005
0.005
4.5
4.5
upstream pond p load
lbs /yr
0
0
0
0
41.4934
upstream pond outflow
ac -ft /yr
0
0
0
0
78.0225
OUTPUT VARIABLES....
outflow p load
outflow volume
outflow p conc
p removal efficiency
vlawmo pond volume
lbs /yr 51.0184 70.6774 186.041 41.4934 73.1085
ac -ft /yr 75.6242 44.6063 '149218 8 78.0225 149.218
ppb 248.209 582.955 458.71 195.663 180.259
% 61.8161 1.19927 0.28568 57.4668 43.9835
acre -ft 4.16667 1.81042 6.05625 3.16667 2.88958
ASSUMED EXPORT FACTORS .............
season length yrs 0.41918 0.41918 0.41918 0.41918 0.41918
season precipitation inches 19.02 25.82 25.82 25.82 25.82
runoff total p ppb 650 590 460 460 460
runoff ortho p /total p - 0.3 0.3 0.3 0.3 0.3
unit runoff in /yr 9.0749 6.77564 23.4068 23.4068 23.4068
unit export lbs /ac -y 1.33612 0.90551 2.43888 2.43888 2.43888
r,
Z�, � 2,
L-¢ b
Minutes of the Park and Recreation Advisory Commission Meeting
October 13, 1994
Page 31
Present: Chair Don Anderson, Commissioners Bildsoe, Fiemann, Johnson, Priebe, Wahl and
Willegalle; staff Bisek, Blank, Hurlburt and Pederson
1. CALL TO ORDER
Chair Anderson called the October meeting to order at 7 p.m. in the Public Safety Training
Room.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Bildsoe and seconded by Commissioner Wahl to
approve the minutes of the September meeting as presented. The motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present at this meeting.
b. Staff. Mary Bisek announced that late fall program registration had begun recently and
that many programs are already filled. She stated that staff was attending the National
Recreation and Parks Association Conference being held in Minneapolis this week. She
also mentioned that gym space is becoming more and more difficult to get and that Rick
Busch has lost some space this fall in District 281 for adult programming. When asked
who is taking the gym space from us, Mary stated that the first priority goes to youth
activities, and in this case, youth basketball and indoor soccer have been scheduled in the
gym that Rick has had in the past.
c. Others. Mona Domaas, 15910 46th Avenue, Plymouth.
4. PAST COUNCIL ACTION
a. 1994 trail projects. Trail projects proposed for completion in 1994 have been postponed
until 1995.
5. UNFINISHED BUSINESS
a. Study of unique open spaces update. Director Blank distributed copies of the scoring
criteria established by the open space subcommittee that will be used to rank all 30 of the
proposed open space sites. The open space committee is hoping to have a report ready
for the November PRAC meeting.
b. Accessible p1gyaround update. Crews have recently poured the concrete base over which
the rubber playground surface will be laid. The accessible playground should be
completed by the end of the month.
PRAC Minutes /October 1994
Page 32
c. Seven Ponds neighborhood park update. The City Council recently awarded a contract
for the construction of the Seven Ponds playground. This park should be completed in
late fall. The Seven Ponds homeowners' association has submitted a list of possible names
for the park. Director Blank said that this list, along with some other suggestions, will be
discussed at the November meeting.
d. West Medicine Lake city park update. Surveying, staking and soil boring work is being
conducted this fall. Director Blank anticipates groundbreaking to be sometime next May
or June.
e. Pla, eld/highschool update. Director Blank indicated that he meets weekly with
representatives from the School District to discuss the proposed playfield/highschool
project. He stated that 160 acres of land is available for the project, but it hasn't been
determined yet exactly how much of that land the City will own. There are three proposed
concepts for the playfield area that are being considered.
f. PRAC work plan for 1995 - update from subcommittee. The subcommittee met and
drafted some goals. These will be presented to PRAC at their November meeting.
g. Neighborhood parks' playground replacement update. Playground replacements are being
done at Mission Hills, Schmidt Lake, Hemlock and Timber Shores neighborhood parks.
These replacements should be completed in time for next summer's use. Director Blank
stated that ADA (Americans with Disabilities Act) is driving up the cost of replacing
playground equipment.
6. NEW BUSINESS
a. Planniniz for northwest Plymouth - Community Development Director Anne Hurlburt.
Director Blank introduced Anne Hurlburt, who explained that the Community
Development Department, consisting of the Planning and Building divisions, is the
department that helps the Planning Commission and City Council develop the City's
Comprehensive Plan. This plan must then be approved by the Metropolitan Council and
be consistent with their plan for the entire metropolitan area. Ms. Hurlburt went on to
explain that only the northwest portion of Plymouth remains to be developed, and that the
Planning Commission will soon be working on guiding this area (deciding what's to be
residential, commercial/industrial and public /semi- public). At the present time, this part of
Plymouth is outside the Municipal Urban Service Area (without sewer) and for that reason
has not been considered for development by builders. But according to Ms. Hurlburt, the
pressure is increasing to develop this area, because the remaining land in Plymouth that is
inside the sewer service area is pretty much all spoken for. The new proposed high school
is located in the area not serviced by sewer, so this area needs to be guided soon. It will
have to be determined how to get sewer service to the high school and how to route and
handle traffic.
Ms. Hurlburt indicated that past population projections for Plymouth put the population at
80,000 when the entire City is developed, but she feels that 60,000+ is a more realistic
PRAC Minutes /October 1994
Page 33
/�-4
figure. She stated that she believes northwest Plymouth will be guided mostly low- density
residential. Commercial/industrial developments usually desire to be near major roads and
the only major highways through this area are Highway 55 on the south and 494 on the
east. When asked about the status of Schmidt Lake Road in this area, she indicated that it
would probably be a two lane road through northwest Plymouth. The routing of the road
through northwest Plymouth will have an impact on the Hollydale Golf Course as well as a
proposed development. Currently, there are two alternates being considered. One takes
the road south which would route it through the golf course, and the other takes it north,
crossing the railroad tracks. Staff is meeting with the owner of Hollydale and the
developer to determine the best location. The developer is anxious for a decision and has
offered to give up some of his property to Hollydale if the road ends up going to the south
and through the golf course. Another decision the City needs to make is where to locate
the newest water tower, which also depends on the routing of Schmidt Lake Road. The
tower could go on the north side or the south side.
Ms. Huriburt stated that the Planning Commission is also working on a wetlands
ordinance. The ordinance will establish buffers around the wetlands in order to protect
them from development. She indicated that there are 700 wetland areas in Plymouth, and
they have been ranked anywhere from low quality to exceptional quality. Setbacks will be
established from zero to ten feet for low quality wetlands and from 50 to 100 feet for
exceptional quality wetlands. The setbacks will apply to new development only. When
asked how this ordinance will be enforced, Ms. Hurlburt said that it would be difficult to
enforce, because the staff cannot go out and check everyone's backyard. She said staff
will have to rely on neighbors to report violations of the ordinance.
Mona Domaas, 15910 46th Avenue, was present at the meeting to request a neighborhood
park in her area, which is located in northwest Plymouth. She has been corresponding
with Director Blank and the commissioners regarding the lack of a safe play area for the
children in her development as well as surrounding developments. Turtle Lake Park is the
closest neighborhood park, but access to it means crossing Vicksburg Lane. Another play
area is located at Plymouth Creek Elementary, but access to this site means crossing
County Road 9. Ms. Domaas is concerned about the safety of the children if they have to
cross these two major roads to get to these play areas. Ms. Domaas questioned if there
might be enough room left over at the water tower site to build a neighborhood park.
Director Blank stated that after consulting with the Engineering department, it was
determined that enough space for a play area may exist. Ms. Domaas stated that if the
water tower ends up on the north side of Schmidt Lake Road, she and her neighbors face
the same predicament -- crossing a major road to get to it. She then questioned whether or
not the developer, who indicated a willingness to give up some land for the Hollydale golf
course, could be asked to donate additional land for neighborhood park. Director Blank
responded that the City may consider that option, but no decision can be made until the
water tower site and the road alignment is decided.
b. Proposal for private swimming pool. Director Blank indicated that he had been contacted
by the Plymouth -New Hope - Crystal Swim Club, because they would like to build a 50
PRAC Minutes/October 1994
Page 34
I-. 4� -
meter pool and 25 yard pool both under one roof, and they would like to do it on City
owned land, specifically, somewhere within the confines of Plymouth Creek Park. They
informed Director Blank that they intend to raise $4,000,000 to fund the project. He
indicated that he would discuss the issue with them, but first asked that they provide him
with a copy of their operating budget, the amount of land they would need, how they
intend to handle parking, how they propose to raise money, etc. Any information that he
has received prior to the PRAC November meeting will be distributed to the Commission
at that time.
c. Discuss trail s, stem update. Director Blank was asked by the City Council to research
which trails remain to be done in order to complete the entire trail system throughout
Plymouth. In addition he was asked to estimate the cost and determine!the best methods
for getting the work done. Director Blank stated that he estimated the cost at $3,000,000.
He asked PRAC for a recommendation to ask the traffic consultant to study trail needs on
County Road 6 from Fernbrook to Xenium, on Medina Road from Dunkirk to Brockton,
on Old County Road 9 from Polaris to Highway 55, on Vicksburg from Old County Road
9 to Schmidt Lake Road, and on Xenium from the Luce Line to 30th Avenue. A
MOTION WAS MADE BY COMMISSIONER FIEMANN AND SECONDED BY
COMMISSIONER JOHNSON RECOMMENDING THAT THE CITY COUNCIL
DIRECT THE TRAFFIC CONSULTANT TO STUDY THE TRAIL PROJECTS AS
OUTLINED BY DIRECTOR BLANK IN HIS STAFF REPORT DATED OCTOBER
10, 1994. THE MOTION CARRIED WITH ALL AYES.
7. COMMISSION PRESENTATION
None.
8. STAFF COMMUNICATION
Director Blank stated that West Health Campus proposes to build a fitness complex when
they construct their second building and they indicated that a nationally recognized fitness
company would be associated with that complex. They approached both the cities of
Plymouth and Maple Grove regarding their interest in being involved in a joint venture.
Director Blank indicated that Plymouth wasn't interested in funding their fitness center.
9. ADJOURNMENT
The meeting adjourned at 9 p.m.
N'
1�,_\
RESIDENT FEEDBACK FORMS
WARD 4
"Do you have a solution you would like us to
Name /Address
Question, Concern of Suggestion:
consider?
Referred to:
Shaun Nerby
A general map of Plymouth
Fred Moore
12305 60th Avenue No.
Roger Berkowitz
Trail /crosswalk on Northwest Boulevard at Bass Lake
Eric Blank
13235 55th Avenue No.
Playfield. I would like to be notified when this is back
on the agenda call from Park and Rec
Phyllis J. Rosander
Speed on Bass Lake Road:
Stricter monitoring: Better monitoring of
Fred Moore
11300 57th Avenue No.
45 mph west of Deerwood - Private homes
speed on Bass Lake (above area). Also decibel
Craig Gerdes
50 mph east of Deerwood - Townhomes (onto 169)
level of car stereos causes vibration in our
Why the change at that point? All traffic goes too fast
townhomes
there an wa .
Jack J. Grams
RE: Use of Plymouth lakes and wetland preservation -
5320 Larch Lane
1. Larch Heights Lagoon 2nd Addition - on corner of
1. Repairs and digging out silt at the drain
Fred Moore
53rd and Larch Lane is still filling in all the way out thru
pipes under 53rd did help but did not stop the
the channel!! Channel to Bass Lake is very shallow.
silt collection in the channel to the lake
DNR has money to dig it out. How can City get the
proper.
money to open up channel? Dig out channel all the way
thm lagoon to the lake and rip -rap other drain pipes.
2. Snowmobiling on the City lakes, particularly Bass
Craig Gerdes
Lake.
2. Don't prevent snowmobiling on the lake.
It is the only open area to ride in the area
without having to trailer snowmobiles.
Other comment: Respond in writing and in
more detail than the verbal responses given at
the meeting. We all know that all the facts
and details may not be available at the
meeting.
Jeff Skold
Entrance onto Northwest Boulevard from 43rd Avenue
"Do you have a solution you would like us to
Fred Moore
Name /Address
Question, Concern of Suggestion:
consider?
Referred to:
Jeff Skold
Entrance onto Northwest Boulevard from 43rd Avenue
Move box and flatten right -of -way on west
Fred Moore
4200 Underwood Lane
Plymouth Pointe) is difficult due to right -of -way
side of Northwest Boulevard north of 43rd
condition north of 43rd on west side of Northwest
Avenue. Maintain weeds.
Boulevard. There is a rise in elevation at about 44 -45th
and a green utility box.
Ken Wendinger
John Edson - I would like you to be more aggressive
Present preservation - conservation
Anne Hurlburt
5465 Orleans Lane, #1
leader for the wetlands than you have been in the past.
ordinances, e.g., silt fences at Ponds at Bass
Fred Moore
Creek, are not being observed or enforced
even tho complaints have been made. New
wetland ordinances will be useless unless the
City will enforce them.
October 19, 1994 C C bTy CO
PLYMOUTR
Stanley Dotseth
14815 County Road 47
Plymouth, MN 55447
SUBJECT: WARD 1
TOWN MEETING RESIDENT FEEDBACK FORM
Dear Mr. Dotseth:
After the Ward 1 Town Meeting on October 5 you requested information on sewer and water
timetable. on County Road 47. At the current time there is no schedule for installing sewer and
water in this northwest part of Plymouth.
As I believe you are aware, this part of Plymouth is not inside the boundary where the City
Council can make the decision to install urban utility services. The City's adopted
Comprehensive Sewer Plan indicates that sanitary sewer service will come through Maple
Grove from the north. The Metropolitan Council and the Metropolitan Waste Control
Commission which first has to make a decision on when sewer service would be available
currently has this area under study (Elm Creek Drainage Basin) but has .not made a decision.
As was discussed at the Town Meeting, in 1995 the City of Plymouth will be preparing a
proposed Land Use Plan for this northwest area of the city. This is the first step in the process
for the City Council determining if there is to be urban development which would require
sewer and water service. After the City Council determines the appropriate future land uses
within the area, planning will be completed for the infrastructure necessary to support those
uses.
Because of the Metropolitan and City's decisions yet to be made on urbanization of this portion
of Plymouth, it would be my opinion that sewer and water service is still beyond the year 2000
or later. If you would like to discuss this matter in more detail, please contact me.
Sincerely,
J9,,�
Fred G. Moore, P.E.
Director of Public Works
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
Mike Nispel
14565 41st Ave. N.
Plymouth, MN 55446
SUBJECT: WARD 1
RESIDENT FEEDBACK FORM
Dear Mr. Nispel:
I am responding to the questions which you raised concerning County Road 9 on your Resident
Feedback Form which you submitted after the October 5 Town Meeting. I believe you have
been in attendance at the public information meeting and the City Council meeting on the
proposed County Road 9 improvements and have heard this project discussed in greater detail.
The County's proposal is to upgrade County Road 9 to have a capacity to handle the projected
traffic for the next 20 year period (to the year 2015). Because of the expected growth in the
western part of Plymouth, traffic is projected to increase substantially on County Road 9. You
have requested answers to the following specific questions:
• Do we need eight lanes?
The only eight lane portion of the roadway is immediately east of
Fernbrook Lane. Only four of the lanes are for through traffic and the
other four lanes are turn lanes for either coming from or getting onto
Fernbrook Lane. This is the same lane configuration which currently
exists on County Road 9 east of I -494 at Vinewood Lane, the entrance to
the Rockford Road Plaza Shopping Center. Based upon traffic
projections, this number of lanes are necessary in order to have the most
efficient operation of the traffic signal at this intersection.
• Are bike trails on both sides of County Road 9 needed?
The original plan was for a bike trail only on the south side of County
Road 9. After hearing concerns from residents living north of County
Road 9, the City Council determined. there was a need for a walkway on
both sides of the road. The walkway is necessary to move pedestrians in
an east /west direction to a location where there will be a pedestrian
crossing of County Road 9.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
Mike Nispel
October 19, 1994
Page Two
• Can we get the County back and look at some potential redesign based on
people's input?
The City has received input from the citizens both at the public
information meeting and the City Council meeting on the project. Based
upon the input the City Council approved the preliminary plans subject to
conditions of redesign which are to be included with the preparation of
the final plans for the project.
• Should the City Council and people see a "pre -final" before the final is
received from Hennepin County?
The City Council has directed that the area residents be notified after the
County has completed the plans for the project. This will be done and
we will also have another public information meeting before the final
plans are presented to the City Council for their approval. When the City
Council considers the final plans, they will review whether the final
design has incorporated the comments made with the approval of the
preliminary plan.
County Road 9 serves a major traffic function in the City. This roadway has been in need of
upgrading and through encouragement by the City the County now has this project scheduled
for construction. Since Plymouth has been and continues to be a developing city, it has
recognized the need to have an adequate transportation system to meet those needs.
If you have additional questions on the County Road 9 Improvement Project, please don't
hesitate to contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
October 19, 1994 CITY OF
PIYMOUTR
Mona Domaas
15910 - 46th Ave. N.
Plymouth, MN 55446
SUBJECT:, WARD 1
RESIDENT FEEDBACK FORM
Dear Ms. Domaas:
I am responding to the Resident Feedback Form which you submitted after the October 5 Town
Meeting. You submitted comments or questions concerning the construction work on Vicksburg
Lane between Highway 55 and County Road 9 last year, and also on the location for future
Schmidt Lake Road as it extends westerly from Vicksburg Lane.
The reconstruction on Vicksburg Lane was completed by a contractor hired by the City and the
work was inspected by an engineering firm for the City to ensure that the final work met the
requirements for the project. Because of public bidding rules the City does not have the option of
pre - selecting a contractor, but must use the contractor that submits the lowest quotation and is
capable of performing the work. If a contractor does not perform satisfactorily, they are required
to remove and redo the work before acceptance by the City. They only get paid once for doing
the required work.
Over the upcoming weeks and months the City Council will be considering the need and location
for the extension of existing Schmidt Lake Road westerly of Vicksburg Lane. As you are aware,
currently there are two alternate alignments, one which goes northerly of the railroad and one
which goes southerly of the railroad. After considering the overall traffic needs for this area of
the City, the City Council will need to determine the appropriate alignment.
Safety of pedestrians are considered with the construction of this type of street. The City's plan
indicates the need for a pedestrian trail along the street. This trail would be constructed
concurrently with the street.
If you have any additional questions, please do not hesitate to contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
We Listen We Solve We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
October 19, 1994 bow O F
PLYMOUTH+
Debra Raines
14125 - 37th Ave. N.
Plymouth, MN 55447
SUBJECT: WARD 1
RESIDENT FEEDBACK FORM
Dear Ms. Raines:
After the October 5 Town Meeting you submitted a concern regarding provisions for bike
trails across I -494 on County Road 9. The City recognizes the need for a safe pedestrian
crossing at this location.
The reconstruction of County Road 9 does not include any work on the bridge over I -494.
This bridge must be reconstructed in the future to provide additional traffic lanes and a
pedestrian walkway. The City is currently exploring options with Hennepin County and
the Minnesota Department of Transportation (the agencies responsible for the bridge) on a
future project to meet these needs. At the current time there is no project scheduled, but
the needs have been recognized.
If you have any additional questions, please do not hesitate to contact me.
Sincerely,
��JJ•
Fred G. Moore, P.E.
Director of Public Works
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
October 19, 1994 CITY OF
PLYMOUTH-
Bill and Barb Zettel
17525 - 32nd Ave. N.
Plymouth, MN 55447 -1263
SUBJECT: WARD 1
RESIDENT FEEDBACK FORM
Dear Bill and Barb:
I am responding to the Resident Feedback Form which you submitted after the October 5
Town Meeting. Your comments addressed filling of wetland areas and sediment which
washes from construction into existing ponds.
The regulations which govern wetlands for both the DNR and the City do allow for some
filling of wetlands if a replacement wetland area is created. If any wetland filling is
proposed, the applicant, whether a developer or a private property owner, must submit the
necessary permit application and supporting data for the City or DNR to review the
request. If the request is approved, the work must be performed in accordance with the
approved plan. All of the rules are based upon "no net loss" of wetlands.
With the amount of building and development taking place in the city we have a very
challenging task on keeping dirt from leaving sites under development. Within some areas
ponds are created to collect this dirt and then removed at the completion of the project. In
other areas, erosion control measures are required at locations where water would drain
from the site.
The City does inspection on sites and requires the land owner to correct any erosion
control problems. If you have any specific areas of concern, you should contact the City
Engineering Department in order that we can investigate these areas.
If there are any additional questions, please contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
We Listen o We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
A
October 20, 1994 C I bw O F
PLYMOUTH+
Mona Domaas
15910 46th Avenue N
Plymouth, MN 55446
Dear Mona:
This is in response to your letter dated October 14. You asked a number of questions that I will try to
respond to in the order that you asked them.
First, there are still two options available for the water tower site, one north of Schmidt Lake Road and
one south of Schmidt Lake Road. Either option appears to have enough acreage involved that we could
have a small park area set aside. Staff will look at and make a recommendation to the Park Commission
about the option of taking additional park dedication south of the road if the water tower goes north of
the road. That is one viable option, but I don't want to make any promises at this time that the City may
not be able to keep.
Next, with regard to the Seven Ponds Park issue, the City followed its Comprehensive Park Plan and
received dedicated park land from the Seven Ponds Development prior to Lundgren Bros. buying the
Heather Run property lying to the west. We ended up with half the neighborhood having a private park
available to it and half the neighborhood with no park available. With regard to priority, the Park
Commission annually looks at all the undeveloped park sites we own in the community and determines
the priority for which site will be developed each year. The Commission was unanimous in
recommending that the Seven Ponds/Heather Run site be developed in 1994.
Your last question had to do with the restoration of older parks in the community. We are not rebuilding
entire parks. We are simply replacing playground structures that have worn out and have become
dangerous. They also do not meet the current guidelines for handicapped accessibility and safety. The
City has an on -going program for maintaining and keeping all of its park facilities in good, safe
condition. Federal ADA legislation also requires that we work towards compliance with handicapped
accessible playgrounds throughout our entire park system.
I hope this helped clarify the questions you had. If you have further concerns, please call me at 550-
5131.
Sincerely,
eJ. Blank, Director
Parks and Recreation
EB /np �
cc: i _City Council
PRAC
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
October 26, 1994
CITV OF
PLYMOUTH+ r
Sue Kela
1008 Trenton Circle N.
Plymouth, MN 55441
Dear Ms. Kela:
I am writing in response to the resident feedback form that you submitted following the
Ward 3 Town Meeting. You asked about the lighting of the Minter - Weisman parking
lot, and whether or not they could be directed to aim down at the parking lots.
In response to your concern, we sent a staff member to observe the lighting, and found
that the parking lot lights do appear to be properly aimed down at the parking lot.
While they are visible from your neighborhood, they do not appear to be in violation of
any of the city's code requirements.
If there are any changes in the lighting, please notify us and we will examine the
situation again to make sure that the code requirements continue to be met.
Sincerely,
Anne W. Hurlburt
Community Development Director
cc: Mayor and City Council
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
October 24, 1994
CITY OF
PUMOUTR
George F. Wilson
430 Zinnia Lane N.
Plymouth, MN 55441
Dear Mr. Wilson:
Thank you for the "resident feedback form" you submitted following the Ward 3 Town Meeting.
You asked about how the application and selection process for Plymouth Towne Square was
handled, and whether the City was considering another senior citizen project.
The City of Plymouth .HRA and Walker Management mailed over 687 applications to senior
citizens interested in Plymouth Towne Square. At the time the application process was opened,
the HRA had collected over 500 names on a list of interested citizens, mostly Plymouth residents.
These individuals were mailed an application and given about a month to return their completed
applications. We also publicized the application process through City newsletters and the local
newspapers. A total of 379 applications were returned and reviewed.
Names on the mailing list were selected to be interviewed on a first -come, first served basis, in
the following order of preference:
1. Applicant is 62 years or older and a resident of Plymouth that meets income limits as Low
Income ($27,800 /single or $31,750 /couple annual income) or Very Low Income
($17,350 /single or $19,850 /couple annual income).
2. Immediate Family live in Plymouth and applicant is 62 years or older and meets income limits
as Low or Very Low Income.
3. Applicant is between 55 and 61 years old and a resident of Plymouth and meets income limits
as Low or Very Low Income
4. Immediate Family live in Plymouth and applicant is between 55 and 61 years old and meets
income limits as Low or Very Low Income.
5. Other applicants
Applications that were received before the due date were all considered as if they were received
on the first day, and randomly drawn to determine their order on the waiting list within the
preference categories listed above. Of the 379 applications returned, 341 names were placed on
the waiting list (several people were ineligible, and a few asked for their names to be removed.)
Next, Walker Management began interviewing individuals by their order on the waiting list,
verifying all income information, and offering apartments in the order of the preferences
established by the HRA.
We Listen • We Solve - We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
George Wilson, Page 2
Y
The HRA set the levels of preference so that top priority is given to meeting the needs of low
income seniors. The rents of all units will be subsidized by the HRA so that very low income
seniors pay only 30 % of their income for rent and low income seniors will pay 33 %. Because the
tax dollars available for the subsidy payments is limited, our budget will allow 33 units to be
subsidized at the very low income level with the remainder targeted to low income seniors.
Because of the large demand from very low income seniors, the 33 units targeted to this group
rented very quickly. When the units had all been taken, we did give the opportunity for these
seniors to take a unit at the low income subsidy level so long as they were not paying more than
40 percent of their income for rent. Some chose to accept this, and be put on the waiting list to
convert to the greater subsidy when it becomes available. Others will remain on the waiting list.
That is why low income seniors who were farther down the waiting list may have been offered
apartments, while very low income seniors who may have been higher on the list are still waiting.
We also had less demand for two - bedroom units. There were fewer applicants for the larger
units, so we had to reach further down the waiting list to fill those units.
As of the end of September, 196 applicants had been interviewed, and 101 were offered
apartments. Almost all of the apartments (92 of the 97 units to be rented) had been reserved.
Walker ceased interviewing applicants when it became apparent that all units would be filled by
the pool of those who had already been interviewed. All applicants, whether they have been
interviewed or not, will remain on the waiting list. They will be interviewed again to update or
complete the application process if and when a unit becomes available. We are not taking
additional applications at this time.
The application process was designed and administered to be as fair as possible. But,
unfortunately with the limited number of apartments, we are not able to serve all of those who
would like to live at Towne Square.
You ask if the City is considering another senior housing project, given the demand for Towne
Square. Funding is a real limitation, as we have committed a large part of our HRA revenues to
Towne Square. The HRA, the City Council and staff will be looking at ways to finance another
project. We still see a great need, especially for one - bedroom units at rents affordable to very
low income seniors. If you have any further questions, please feel free to call me at 550 -5059.
Sincerely,
Anne W. Hurlburt
Community Development Director and
Executive Director, Plymouth HRA
cc: Mayor and City Council
i
October 14, 1994
Bill Kwasny CITY O F
18.118 24th Avenue North pIYMOUTF+
Plymouth, MN 55447
Dear Mr. Kwasny:
I am writing to you in response to the comments you made on your Resident Feedback
Form at the Ward 2 Town Meeting on October 10. You commented on city staff's
apparent "adversarial attitude" towards development in Plymouth, stating that Plymouth
has been known among commercial and industrial developers as the most difficult to
deal with, anti- development community in the State.
The staff and Council are aware that Plymouth has a certain reputation for being a
difficult place to develop. Every year, the Minnesota Real Estate Journal conducts a
survey of real estate professionals and asks them about the attitude of Metro Area cities
toward development. Plymouth has often been perceived as negative toward or
discouraging development. This year, we decided to do our own survey to determine if
those developers who have worked with the City over the last few years share this
perception, and if so, what we can do to improve. The results of the survey have been
tabulated by a citizen volunteer who is knowledgeable about survey research and
statistics. A report is being prepared, and we hope to forward it to the City Council for
discussion sometime before the end of the year.
My review of the preliminary results of the survey indicates that it confirms that there
are some negative perceptions of Plymouth among our customers. The survey it will
give us some good ideas on where we can improve. While changing long - standing
practices and attitudes can be difficult, I agree that it is important for us to improve
our process and policies in ways that can meet the needs of the city at the same time as
we improve our services to land owners and developers.
Thank you for your comments. I will send you a copy of the survey report when it has
been completed, and let you know when it is scheduled for City Council review.
Sincerely,
Anne W. Hurlburt
Community Development Director
cc: Mayor and City Council
Dwight Johnson, City Manager
We Listen - We Solve - We Care
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447 - TELEPHONE (612) 550 -5000
October 12, 1994
Leonard Luedke
17910 County Road 47
Plymouth, MN 55446 CITY OF
PLYMOUTH+
Dear Mr. Luedke
I am writing to you in response to your comments on the "resident feedback form" you
submitted after the Ward 1 town meeting on October 5. You were concerned that the wetlands
map displayed at the meeting was dated June of 94, before the inventory of wetlands was
taken. You also were concerned about the map that indicated the route of peony Lane from 55
to 47, and that people may be misled by looking at maps that are not "written in stone ". You
offered your suggestions for road alignments in the area, and stated your belief that major
roads should be built before development occurs.
The wetlands map we displayed at the town meeting was the National Wetlands Inventory
(NWI) Map, which is based on aerial photographs interpreted by the Fish and Wildlife
Service. When the map was prepared, it was the best available showing the general location
of wetlands in Plymouth. Plymouth's own inventory is not yet complete. When it is finished,
we will produce a new map that will make any corrections necessary. Regardless of the
mapping, the exact location of any wetland must be determined at the time land is developed
by a qualified wetland delineator, who must stake and survey the exact location of the
wetlands. The large map is only used for planning and display purposes.
It would be ideal if all of our plans and exact alignments of all our roads could be determined
far in advance. However, the development of a community like Plymouth is a process that
stretches over many years, and it is often necessary to plan general road layouts far in advance
of detailed design. During that time regulations (such as for wetlands) as well as the needs of
the landowners and the community may change, so some flexibility must be maintained. I
agree that it is best to plan for our major roads before development occurs. As we look at
development in the northwestern part of the city, that will be our goal.
As you requested, we have put you on our mailing lists for the wetlands ordinance, for the
northwest Plymouth planning process and for Schmidt Lake Road development. If you have
any questions, please feel free to give me a call at 550 -5059.
Sincerely,
Anne W. Hurlburt
Community Development Director
cc: Mayor and City Council
Dwight Johnson, City Manager
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
L/
+J
October 12, 1994
Bill and Barb Zettel , , CITY OF
17525 32nd Avenue No. PLYMOUTH -
Plymouth, MN 55447
Dear Mr. & Mrs. Zettel:
I am writing to you in response to your comments on the "resident feedback form" you
submitted after the Ward 1 town meeting on October 5. You indicated that you felt
that some owners appear to be permitted to develop their property into the wetlands,
while other are told that they cannot touch part of their property that falls within
wetlands. You were concerned about apparent inconsistencies in the enforcement of
wetland controls, and hoped that the meetings on the proposed wetlands ordinance
would clarify this situation.
The new wetlands ordinance that the City is working on now will incorporate into the
City Code provisions of the the 1991 Wetlands Conservation Act, a law that increased
protection of wetlands throughout the state. The ordinance is also expected to add
additional protections beyond what is required by the state, which may take the form of
buffer areas around wetlands.
As our awareness of the importance of our environmental protection in general, and of
wetlands in particular, has grown, the regulations that apply to wetlands have changed.
Because of this evolution, different regulations have applied at different times, and
practices that were accepted just a few short years ago are no longer allowed. There
are also a number of government agencies that are involved in wetland protection,
some of which have jurisdiction over certain wetlands and not others. This sometimes
has resulted in confusion and apparent inconsistencies in how wetlands are managed.
Thank you for your comments on this issue. They serve as a good reminder that we
must consider how any new ordinance will be equitably enforced. We have put your
name on the mailing list to be notified of future meetings on the wetlands ordinance.
Sincerely,
Anne W. Hurlburt
Community Development Director
cc: Mayor and City Council
Dwight Johnson, City Manager
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
October 18, 1994
Mr. Dwight Johnson
City Manager
3400 Plymouth Blvd.
Plymouth, Mn. 55447
Dear Mr. Johnson:
� 161a
I was recently riding my bicycle north, on the asphalt path
parallelling Northwest Blvd. I crossed 49th. Avenue North and at
either 50th or 51st Avenue North there is a 6 foot high wood fence
on the east (right) side of the path as a rider approaches the
intersection. This fence offers privacy to the landowner but,
unfortunately, blocks the biker's eastern line of vision when they
are riding north. Conversely, the fence also blocks the vision of
the motorist- driving west until the driver is at the stop sign.
I am not too concerned about walkers or joggers but bikers and
rollerbladers will be riding down a hill, gathering speed, and, I
suspect, being careless. Therefore, I am concerned about the
subject person speeding into the intersection and the path of a
car. I am not certain what safety feature could be installed but
perhaps signs warning motorists of the danger would be feasible. I
am afraid that signs for bikers would be generally ignored by both
adults and children. Hopefully, the traffic department would have
even better ideas.
Note: I really like the way 49th. Avenue has been extended to the
west. Bass Lake Road and 42nd. Avenue were not good options for
for anyone cycling either east or west.
f.- � 6
DATE: October 26, 1994
TO: Dwight D. Johnson, City Manager
FROM: Bob Pemberton, Risk Management Coordinator through Dale Hahn,
Finance Director
SUBJECT: INSURANCE CLAIMS REPORT
SUMMARY: In accordance with City Council direction, I am attaching a copy of the
insurance claims status report. This report includes claim activity through September
30, 1994 and is summarized under various status categories.
g: \finance \riskmgmt \memos \claims
CITY OF PLYMOUTH
CLAIMS STATUS REPORT
OCTOBER 26, 1994
CLAIMS STILL PENDING FROM LAST REPORT
DATE DATE TYPE
REPORTED OF LOSS OF LOSS
04 -13 -87
04 -02 -93
10 -03 -93
10 -07 -86
03 -04 -93
07 -12 -92
Liability
Liability
Liability
CLAIMANT
James & Paula
Peterson
Britt Carlson
(Age 13)
Lorraine Williams
NATURE
OF CLAIM
Alleges false arrest
imprisonment
Slipped on icy path
at Plymouth
Playfield during
school supervised
activity and fractured
right leg.
Plaintiff alleges
assault and violation
of civil rights as the
result of a police
traffic stop.
CURRENT STATUS OF
CLAIM
Case was tried on 12 -03-
93. Plaintiff's awarded
$6,500. Plaintiff has
appealed the verdict to the
U.S. Circuit Court of
Appeal.
Referred to LMCIT for
investigation. Claim
denied. It is now in suit
and LMCIT is defending.
Defense Counsel may
recommended a joint
settlement with School
District and then submit
the matter to arbitration
for a determination and
apportionment of liability.
Suit was filed in Federal
District Court. LMCIT is
defending. Costs to date
$34,000. Plaintiff's
attorney has petitioned
court to be released from
case due to ethical
problems. Plaintiff failed
to appear for deposition.
We are moving for a
dismissal. This case has
no merit.
G:\ finance \riskmgmtclaimsrpt \decclaim.doc PAGE 1
03 -04-94 09 -14 -94 Liability
03 -21 -94 01 -01 -94 Liability
Eugene Stauber
Jim Post
07 -18 -88 06 -17 -88 Automobile Bruce Plowman
01 -07 -94 01 -07 -94 Automobile Hanus Bus
Company
It is allegeded that
Suit was filed in District
City failed to report
Court. LMCIT is
or repair a
defending and seeking
malfunctioning
dismissal from action
traffic semaphore on
since it appears to be
County Road 9
without merit.
which reportedly
caused a rearend
automobile personal
injury accident.
Snow plow damaged
Awaiting invoice for
two evergreens in
replacement evergreens.
homeowner's front
yard.
Claimant started up
PD claim settled for
and suddenly stopped
$480.17. LMCIT
at controlled
defended bodily injury
intersection. Rear-
suit. Trial was held on
ended by Plymouth
08 -25 -94 and jury ruled
Police car.
in favor of City.
Plaintiff's attorney is
attempting to appeal the
jury verdict.
Icy road conditions.
Referred to LMCIT for
Fire Inspector slid
investigation. Open for
through stop sign
Workers' Compensation
and struck empty
subrogation.
school bus causing
minor injury to
driver.
G:\ finance\riskmgmtclaimsrpt \decclaim.doc PAGE 2
CLAIMS CLOSED SINCE LAST REPORT
DATE DATE TYPE OF NATURE OF
REPORTED OF LOSS LOSS CLAIMANT CLAIM
05 -29 -91 05 -29 -94 Liability William J. Auger Sanitary Sewer Lift
James Severud Station #12 lost
power due to severe
storm. This caused
basements to flood.
04 -12 -94 1993 Liability
, - Gb
CURRENT STATUS OF
CLAIM
Was in suit. LMCIT
defended this subrogation
action. District Court
granted a Defense Motion
for summary judgment.
Plaintiff appealed decision
to Court of Appeal which
remanded case back to
Trial Court. Jury heard
case on 09 -03 -94 and
rendered a defense
verdict. File closed.
Smiling Moose 1 Plaintiff filed suit on The City Attorney
Hour Photograph, theory that if we
Inc. hadn't allowed
Waterford Plaza to
be built, he wouldn't
have entered into a
lease agreement and
wouldn't have lost
money.
defended the action and
filed a motion for
summary judgment and
dismissal from the case.
The Court granted the
motion. File closed.
G:\fmance\riskmgmtclaimsrpt\decelaim.doc PAGE 3
�. 6b
NEW CLAIMS SINCE LAST REPORT
DATE DATE TYPE OF
NATURE OF
CURRENT STATUS OF
REPORTED OF LOSS LOSS
CLAIMANT
CLAIM
CLAIM
07 -14-94 07 -12 -94 Liability
Charles J. Cole
Stepped into a
Referred claim to LMCIT
washout at Plymouth
for investigation.
Playfield and injured
left knee.
07 -18 -94 07 -15 -94 Liability
Clarence E. Niman
Rocks from seal
Referred claim to
coating project on
Hennepin County for
County Road 101
dispositon. File closed.
damaged windshield
of car.
07 -21 -94 07 -20 -94 Liability
Anne Phillippi
Rocks from seal
Referred claim to
coating project on
Hennepin County for
County Road 101
dispostion. File closed.
damaged windshield
of car.
07 -21 -94 07 -20 -94 Liability
Theresa Adams
Rocks from seal
Referred claim to
coating project on
Hennepin County for
County Road 6
disposition. File closed.
damaged windshield
of car.
07 -26 -94 07 -18 -94 Liability
Brad Konrath
Damaged his car
Referred claim to LMCIT
when he struck
for investigation. Claim
concrete block that
denied. File closed.
vandals had rolled
onto 36th Avenue
North.
07 -26-94 04 -30 -94 Liability
Holiday
Alleged that
The break occurred in
Stationstores, Inc.
watermain break
claimant's line and was
contaminated
their responsibility.
gasoline in
Claim denied. File
underground storage
closed.
tank.
07 -26-94 07 -26 -94 Liability
Stephanie Schmidt
Rocks from seal
Referred claim to
coating project on
Hennepin County for
County Road 6
dispostion. File closed.
damaged windshield
of car.
07 -28 -94 07 -14 -94 Liability
Louis Bautista
Rocks from seal
Referred claim to
coating project on
Hennepin County for
County 101 damaged
disposition. File closed.
windshield of car.
G: \fimmce\riskmgmtclaimsrpt \decclaim.doc PAGE 4
G:\ finance \riskmgmtclaimsrpt \decclaim.doc PAGE 5
08 -02 -94 07 -30 -94 Liability
Michael D. DuBay
Believed he stepped
Referred claim to LMCIT
into a hole or
for investigation. Claim
depression in open
denied. File closed.
space and twisted his
left knee.
08 -19 -94 08 -17 -94 Liability
David Englert
Sanitary sewer
Referred claim to LMCIT
backed into
for investigation. Claim
claimant's home
denied. File closed.
causing minor
damage.
08 -22 -94 08 -22 -94 Liability
Nancy Wallo
Damaged car in
Referred claim to
street reconstruction
contractor for disposition.
area
File closed.
08 -25 -94 08 -25 -94 Liability
Grant Farquar
Collided wtih
Referred claim to
contractors' grader
contractor for disposition.
in street
File closed.
reconstruction area
08 -26 -94 1994 Liability
Roger and Linda
Alleges that City
Suit was filed in District
Vrieze
Officials were
Court. City Attorney is
negligent in
defending. They will
administering
seek dismissal of the
Planning and
action.
Building Codes
08 -30 -94 08 -29 -94 Liability
Vickie Grimmer
Street reconstruction
Contractor assumed
contractor collapsed
responsibility for the
manhole, plugging
damage and is working
sanitary sewer which
with the homeowner in
caused basement to
resolving her claim. File
flood.
closed.
09 -09 -94 09 -08 -94 Liability
Jackie Hockstein
Claimant received
Advised the homeowner
(age 10)
minor leg injuries
of the injury and injury
from metal post that
potential of the metal
homeowner had
stake. It was removed
placed adjacent to
which satisfied the
Schmidt Lake Road
claimant's father. File
Trail.
closed.
09 -14 -94 09 -08 -94 Liability
The Fireplace
Claimant alleges they
Referred claim to
Center
damaged vehicle in
contractor for disposition.
South Shore Drive
File closed.
reconstruction
project.
G:\ finance \riskmgmtclaimsrpt \decclaim.doc PAGE 5
DATE DATE TYPE OF
REPORTED OF LOSS LOSS
09 -21 -94 1994 Liability
CLAIMANT
Marilyn Rose
10 -30 -90 10 -30 -90 Automobile Roger W. Wenner
08 -09 -94 08 -09 -94 Automobile Scott Westby
�.- L
NATURE OF CURRENT STATUS OF
CLAIM CLAIM
Homeowner believed
that excess chlorine
levels in city water
caused rings on her
kitchen countertops
and table
City employee
received severe back
injuries as the result
of a rearend collision
while driving a City
vehicle. His
attorney is now
submitting an
underinsured
motorist claim
against the City.
Met with Homeowner and
reviewed her complaint.
Advised that city water
meets state standards and
we will be unable to
assist her with her
problem. File closed.
The claim was initially
reported to the LMCIT
for investigation and then
became inactive. The file
was reopened and is being
handled by LMCIT
appointed counsel.
Parked vehicle was Settled the claimant's
struck by Fire property damage claim
Emergency Vehicle for $250.00. File closed.
in parking lot.
G: \finance\riskmgmtclaimsrpt \decclaim.doc PAGE 6
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October 24, 1994
Proposal to : City Council of Plymouth, Att'n: Mary Bisek .
Subject: A request that the council establish on a permanent basis a
competitive honorarium for the director of the Plymouth Rockers
In the three years since its inception, the Plymouth Rockers has grown
from a group of six people to a chorus of about sixty men and women. During
this period of growth the Rockers have represented the city of Plymouth in
the community and surrounding suburbs and-have become ambassadors for the
city. During the past year alone the Rockers have given forty performances
with approximately eighty -five hundred people in attendance. All of these
audiences have come away from our performances with a strong positive Impress-
ion of Plymouth.
In the beginning, little thought.was given to the financial needs of the
group or to an honorarium for the director. But the growth and success of
the Rockers has demanded more and more time and effort from its members, and
especially from its director and accompanist. At the same time, several
financial needs have increased. We are grateful for past financial support
from the Park and Recreation Dept., but we feel that an increase in the
director's honorarium would be in order. If an adequate honorarium could be
established as a part of the city's annual budget, the Rockers would have
some assurance of permanency. There would be funds available in the future
for" whoever filled the position of director.
In order to clarify this need, we wish to cite some honoraria that are
currently in place in surrounding communities: The Creekside Bloomingtones'
director, who is paid hourly, receives an annual wage of $9,500 to $10,000.
The city of Bloomington also provides bus transportation for its chorus at
an annual cost of over $4,000. The Richfield Silvertones' director, also
paid hourly, receives $4,300 per year plus a mileage allowance. The director
of the Goldentones of Golden Valley is paid, on average, $35 an hour for
practice sessions and $50 per performance. The city of Minnetonka has a full -
time director who divides his time among several groups. He is funded from
three different sources.
At present the Plymouth Rockers are funded significantly below comparable
groups in other cities. We feel that a funding basis of $10,000 annually for
our operation is not unreasonable.
The Rockers' present director has superior qualifications. She has over
fifty years of experience in the field of music, has taught in several
states, holds a Master of Music degree, and has received a number of spe-
cial recognitions. Her honorarium should be corrmlensurate with those of other
community choral directors.
A summary of the responsibilities comprising the director's job de-
scription includes these elements:
1. Plan and direct weekly rehearsals, striving to sharpen the musical skills
and build the self confidence of chorus members.
2. Contact community organizations and answer inquiries about scheduling
programs.
3. Follow up contacts ( #2) to confirm date and work out logistical details.
4. Plan and time the concerts.
5. Provide members with a schedule of practices and performances for several
months in advance.
6. Research and select music and place music orders.
7. Select accompanist and provide a substitute for her if she occasionally
cannot play.
8. Communicate with the accompanist on a weekly basis and provide her with
music.
9. Encourage creativity among members ( skits, novelty acts, etc.),
10. Encourage members to perform in small groups ( trios, quartets, etc.).
11. Help arrange transportation to programs.
12. Arrange for M.C. at performances.
13. Arrange for transportation and storage of props.
14. Encourage elected officers and committees to assume their responsibilities.
15. Welcome and encourage new members.
16. Plan joint programs with other choral groups.
17. Work with the staff of the Community Center on planning special events.
18. Encourage participation in intergenerational events with community
schools.
19. Arrange trips to perform in out -State communities.
20. Advise the wardrobe committee.
21. Acknowledge the City of Plymouth sponsorship whenever appropriate.
22. Oversee publicizing of special events in the local newspaper.
Repectfully submitted by Plymouth Rockers' co- chairpersons,
Dan Ronning and
Kathleen Norton
Copies to: Sara Mittelstaedt
Mary Bisek
Plymouth Council members
I� 1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: October 27, 1994
TO: Mayor and City Council
FROM: Dwight D. Johnson/ Kathy Lueckert
SUBJECT: Information on Council vacancy
We are providing some information from our files about procedures in the case of a
vacancy on the City Council. We plan to have the proper resolution prepared before
the special meeting called for 6:30 p.m. on Tuesday evening to declare the Ward 2 seat
vacant.
11 -10- 1993 16:51 612 339 5897 BESTB:FLANAGAN p,02
BEST & .FLANAGAN
ATTORNEYS AT LAW
ROBERT L CNoHDT
SCOTT D. EI.I.ri/
4000 FIRST BANK PLACE
LEONARD M. AUDINuioN
CHARLES C. BEN0171%T
)Amts D. i)r.soN
ROBERT R. HARTH
GEORVe O. 1XL -:x1:
Q01 SECOND AVENUE SOUTH
.J. WALTER GNAFF
E.JOs EPH LAFAVI?
ALLEN
WAND H. ).r.WI,
D.FIANNANU
GRBOORY D.gual.r'
MINNEAPOLIS, MN IS1540z -•4331
RICHARD A. 1'ETER70N
CATHT E. GpNLIN
ROBERT J. IMIETLANSON.JR.
PATH ICI( ti. HIt NNr.14tiY
TELEPHONE 10121 339 ^7121
F IIANN J. WA L2
TIMOTHY A. ti1ILLIVAN
ROPSENT J FI.NAUAN
FRANH VOOL
BRIAN F. RICE
FELiGOYlER Ia1$) 339-b8U7
MARINUH W. VAN WTTEN.JR.
DAVID B. MORSH
DANIEL R.W. NELSON
TRACY J. VAN STEENBUROH
JOHN A. BurtioN. JH.
DAVID J. ZUBNE
JANEa C. DIRACLEIS
STEVEN R. HRUOEN
Roar RT L. MaLLaR. JR.
JAMrn P. MICHELN
Juvirn A. R000sm ESaE
PAUL E. 1\ANINLNI
Direct Dial: 341 -9720
November 10, 1993
BY FACSIMILE
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Appointment for Council Vacancy
Dear Dwight:
CINDY J . LARHON
Or G.0 ... L
JUIIN P. BOYLa
JOHN R. CARNULL
RU9`i C. FORUMLL
)Amts D. i)r.soN
CANVN SCRERa (,1.t) % -r.N
1101HENT M. SHAH)Y,
MANY F.. S1 EAH EN
1Nl:HIHALD SPENutH
CATHERINE J. Cf1UNTNr.Y
WAND H. ).r.WI,
KKITH .). NEISEN
TRACY F. Xoutta\UONralf
JEANNICE M. HEDINO
SARAH CRIPPAN MADISON
JADIF..H 1. Hr.MT
RoHz IIT D.MAHEN
IM0-1.06
DAVID 11.JOIINp0N
ROPSENT J FI.NAUAN
WI 1.1.1 AN J. MORRIS
utm•wr.
We have been requested to advise the City on whether or not
the City can advertise for a council vacancy prior to the date
the vacancy occurs. In addition, we were asked to research any
specific steps that the city needs to follow in filling that
vacancy.
In reviewing state law, state case law, and the City
Charter, we could find no requirement for or prohibition of
advertising for a council seat prior to the vacancy actually
occurring. City charter Section 2.07 deals with council
vacancies and is silent on the issue. However, that Section does
require the council to "promptly" declare a vacancy and to
"forthwith" appoint an eligible person to fill the vacancy. We
conclude that the City may proceed to advertise for the eventual
vacancy in order that it might be in a position to quickly fill
the vacancy once it occurs. I attach hereto a copy of my
September 9, 1993 letter to you regarding the specifics on the
procedure for filling the vacancy. We caution that the City
should not unduly restrict the qualifications for any potential
Persons to fill the vacancy. For your information, I also
enclose an August 26, 1993 letter from Paul Kaminski to Laura
Rauenhorst discussing residency requirements. We would recommend
that persons who are interested in the position be required to
file an affidavit of candidacy as required in a normal election.
This will give the council basic information about the potential
11 -10- 1993 16:52 612 339 5897 BEST&FLANAGAN P.03
Mr. Johnson
November 10, 1993
Page 2
candidate. Overall, the council has wide latitude in its process
for selecting the person to fill the vacancy.
Please let me know if I can be of any further assistance to
you on this matter.
V y�ruly yours,
Robe t L. VMele ,r.
PEX:kjd:Johnson.ltr
Enclosures
ROBERT L. CROSBY
LEONARD M. ADDINGTON
ROBERT R. BARTH
N. WALTER GRAFF
ALLEN D. BARNARD
RICHARD A. PETERSON
ROBERT J. CHRISTIANSON. JR.
FRANE J• WALz
FRANH VOGL
MARINUS W. VAN PUTTEN, JR.
DAVID B. MORSE
JOHN A. BURTON, JR.
JAMES C. DIRACLES
ROBERT L.MELLER,JR.
JUDITH A. ROOOSHESRE
BEST & FLANTAGAI
ATTORNEYS AT LAw
SCOTT D. ELLER
CHARLES C. BEROUIST
GEORGE O. LUDCEE
E. JOSEPH LAFAVE
GREGORY D. SOULE
CATHY E. GORLIN
PATRICK B. HENNESSY
TIMOTHY A. SULLIVAN
BRIAN F. RICE
DANIEL R. W. NELSON
TRACY J. VAN STEENBURGH
DAVID J. ZUBHE
STEVEN R. KRUO£R
JAMES P. MICHELS
PAUL E. KAMINSKI
3500 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS MN 55402-2113
TELEPHONE (012) 339-7121
TELECOPIER )912) 339 -5897
September 9, 1993
BY TELEFAX
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Election Issues
Dear Dwight:
CINDY J. LARSON
JOHN P. BOYLE
ROSS C. FORMELL
CARYN SCHERB GLOVER
MARY E. SHEAREN
CATHERINE J. COURTNEY
KEITH J. NELSEN
TRACY F. KOCHENDORFER
JEANNICE M. REDING
SARAH CRIPPEN MADISON
ROBERT D. MAHER
DAVID H. JOHNSON
WILLIAM J. MORRIS
L� :. ,t
OF COUNSEL
JOHN R. CARROLL
JAMES D. OLSON
ROBERT M. SHARE
ARCHIBALD SPENCER
CHARLES S. BELLOWS
WARD B. LEWIS
JAMES I. BEST
1802 -1966
ROBERT J. FLANAGAN
1696 -1974
You have asked us to research a number of issues arising from
a councilperson's decision to run for mayor. First, does the
councilperson retain his or her seat if the mayoral bid is
unsuccessful? Second, if the, councilperson is successful in his
or her mayoral campaign, how is the vacated council seat filled?
If the councilmember is unsuccessful in his or her mayoral
attempt, that councilperson may continue to serve as a
councilmember until the expiration of his or her term. As noted
in Attorney General Opinion 471 -H, September 21, 1953:
His failure of election to the office of mayor will in no way
affect his tenure of office as councilman, and in that event
he may continue to serve as councilman until the expiration
of his term'as such.
If the councilmember is successful in his or her mayoral bid,
the councilperson may continue to discharge the duties of
councilperson until the term of the mayor begins since there is no
incapability until the commencement of the mayoral term. To avoid
any uncertainty, it is probably advisable for the councilperson to
Mr. Dwight Johnson
September 9, 1993
Page 2
submit a resignation of the office he or she is vacating,
effective when the term of the mayoral office begins. League of
Minnesota Cities Memo, 180e.1, p. 6.
Normally, pursuant to Minn. Stat. § 415.15, a resigning
member of a city council is not to participate in a vote of the
council to chose a person replacing the resigning member.
However, pursuant to Attorney General Opinion 471 -n, December 27,
1977, a councilmember who is elected mayor may, upon becoming
mayor, participate in the appointment of the successor to the
council,- "notwithstanding the provision of Minn. Stat. § 415.15.
The City Charter in Section 2.07 discusses the process of filling
a council vacancy. Nine different possible reasons for vacancy
are listed in this Section. If a vacancy occurs for specified
reasons in clauses (d) through (i), the council is to include in
its resolution declaring a vacancy findings that support the
vacancy declaration. If the vacancy results for other reasons,
the council is not required in its resolution to set forth fact
situations to support the vacancy finding. In the case of the
councilperson resigning to assume the office of mayor, there is
not a need to set forth in the resolution findings of fact to
support the vacancy declaration. The council will be required to
fill the vacancy until such time as there is a regularly scheduled
municipal election. At that next regular municipal election, the
voters will fill the office for the unexpired term. This
procedure would be in conformance with the statutory requirements
of Minn. Stat. § 205.10, subd. 2. Procedurally, the council
passes a resolution naming the appointee to the office. A
majority of the council voting on the question must pass the
resolution and a quorum must be present. Minnesota Statute
§ 412.02, subd. 2(a).
Once you have had a chance to review the above, please don't
hesitate to contact me with any questions you might have.
V y ruly yours,
ober Mell r, Jr.
mas6950q
Agenda Number: q—
TO: Mayor and City Council
FROM: Dwight D. Johnson, City Manager
SUBJECT: Appointments for Ward 2 City Council member and City Commissions
DATE: November 10, 1993
1. ACTION REQUESTED: Approve advertising for applicants for the anticipated Ward 2
Council vacancy and for various City Commissions and Committees where terms are
expiring.
2. BACKGROUND: Council member Tierney has inquired about the possibility of
advertising now for the Ward 2 Council seat that she intends to vacate upon assuming the
office of Mayor in early January. Research by the City Attorney confirms that this
vacancy would be filled by the City Council with no special election. Advertising now
would allow the new Council to review applications and interview early in January. This
would allow the new Ward 2 Council member to be appointed and seated at either the
January 17 or January 31 council meetings and permit the new member to catch up with
the new council as rapidly as possible. The same situation exists with the commission and
committee appointments. The terms of a number of members expire on January 31, 1994.
Advertising now would allow for timely appointment of new members in January.
3. ALTERNATIVES: The Council can either advertise now or wait for the new Council
to be seated. Advertising now would allow the new Ward 2 member to be appointed as
soon as possible; advertising in January would allow the new council members to have
more official input into the entire selection procedure before it begins.
4. DISCUSSION: The attached memorandum from the City Attorney indicates that there
are no legal problems with advertising for an anticipated council vacancy at this time. The
advertising would entail notices in the Sun - Sailor newspaper and on our Cable TV channel.
The notices would be general and state only the statutory requirements for the position.
Staff envisions that interested applicants for Council would subsequently be asked to
complete an application form which would serve as a brief written interview. If a very
large number of people apply for the Council seat, the written interview could help narrow
the field for later interviews. Otherwise, the written interview could serve as a basis for
further questions in the oral interview process. Staff has already made a list of possible
questions. Both current and newly elected council members would be asked to review the
proposed questions, since the new Council will be making the appointments.
5. BUDGET EMPACT: None.
6. RECOAMENDATION: Staff recommends that the Council authorize immediate
advertising for a pending Ward 2 Council vacancy as well as for the Commission and
Committee appointments on the attached lists to allow the City's governing and advisory
boards to operate at full strength and efficiency as rapidly as possible in 1994.
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 24, 1993
TO: Mayor, City Council, and Council -Elect
FROM: Dwight D. Johnson, City Manager
SUBJECT: PROPOSED APPLICATION FOR WARD 2 COUNCIL
VACANCY
The City Council recently authorized the solicitation of applications for the Ward 2
City Council seat which will be vacated by Councilmember Tierney in January. Staff
has drafted the attached application for your consideration. It is partly based on the
previous application used in 1985, and is intended to provide the new City Council
with information from which to determine whether to interview all or some of the
applicants.
We would like suggestions for changes to the application from the current and future
Council. We have already received a number of inquiries about the vacancy and would
like to have the application available for distribution as soon as possible.
Please review the draft application and contact me (550 -5011) or Laurie (550 - 5014), by
Monday, December 6, to let us know whether you feel the application is adequate or to
provide suggested revisions. We will update the application as necessary and begin
distribution of the application on December 7.
DDJ /lr
CITY OF PLYMOUTH
APPLICATION FOR APPOINTMENT o D
TO WARD 2 CITY COUNCIL SE
AT
Return Application to: If, due to a disability, you need assistance in
City Clerk (550 -5014) completing an application or if you anticipate
City of Plymouth that you will need assistance in the selection
3400 Plymouth Blvd. process, please notify the City Clerk at:
Plymouth, MN 55447 550 -5014 (550 -5009 TTD)
Name:
Home Address:
Lived in Plymouth Since:
Present Employer:
Position Title:
Previous Employer:
Position Title:
Present Employer:
Position Title:
Employment
Home Phone:
Zip Code:
Work Phone:
Employment Dates:
From
To
Employment Dates:
From To
Employment Dates:
From
Education
Course Work Taken Beyond High School
Institution To /From Degree /Credits Area of Emphasis
To
0 D
Civic Experience
1.
List other civic experience you have had in Plymouth or elsewhere, including name of
organization, dates of participation, name of city, and position held:
General Questions - Please provide answers to each of the following questions:
What strengths would you bring to the Plymouth City Council?
2. How should the Council encourage citizen involvement?
3. Briefly describe the strengths and weaknesses of Plymouth today.
4. Briefly describe Plymouth as it should be ten years from now.
5. How do you deal with conflict?
0
6. What are the major issues facing the City today, and specifically Ward 2?
7. The City Council met in official session approximately 70 times in 1993, including
special and study meetings. In addition, substantial time is required to read
background material in order to prepare for Council meetings and to meet with
residents. Please indicate any problems you might have in meeting this time
commitment.
8. Are you aware of any conflicts of interest that might arise with you or your family
if you are appointed to the City Council?
Signed:
Date:
You may attach a resume if you desire. The selection process will vary according to
the number of applicants, and may not include interviews with all candidates. Thank
you for your interest in serving on the Plymouth City Council!
(council- appward2)
�-24-1994 16:44
0
612`339.5897 BEST&FLANAGAN ^`U _ , ( _ . �P.02, _
STATE OF MMNESOTA►
t"PIRT H. twMPHREY II1
ATTIMraT I:TN"Af. .
OFFICE OF THE ATTORNEY GENERAL
3VIm ttoo
ML 7Vw6A
January 24, 1994 .+1 1411OHMTA ZTKUT
ST PAUL. IAN flibt.)t)A
rULEPHONYe 141 3131).1tiNs
Mr. Robert L. Mailer, Jr.
Plymouth City Attorney
BEST & FLANAGAN
4000 First Bank Place
601 Second Avenue South
Minneapolis, MN 55402 -4331
Dear Mr. Moller:
In your letter to our office you state prat there is currently a vacancy on the Plymouth.
City Council as a result of one council member having assumed the office of mayor. It is
anticipated that there may be a tie vote among the remaining council members upon the issut
of appointment of a person to fill the vacancy. You state that the Plymouth home rule charter
is silent as to any alternative selection process in the event of deadlock.I You suggest that in
the event of a tie the mayor should appoint a person to fill the vacancy in accordance wide Op.
Atty. Gen. 471M, March 2, 1962. && ;a4 Op. Atty, Gen. 471M December 27, 1977. You
seek our opinion concerning the action that should be taken in the event of a tie vote on the
appointment.
While we can appreciate the rationale suggested to' permit the mayor to resolve the
deadlock, the authorities we have located in the time available do not appear to support that
result. As you note. Op. Atty. Gen, 471M March 2, 1962 (as well as the 1977 opinion) is
based exelusivaly upon the termi of Minn. Stat. §412,02 subd. 2. That section, however, has
no application to any city which has adopted a home rule charter. �r4 Minn. Stat, §412.016
(1992). Furthermore, we are not aware of any other statute applicable to charter cities which
addresses the deadlock question. In such situations, prior opinions of this office have
concluded that the council, charged with the responsibillty of filling a vacancy in office, may
not redelegate that duty elsewhere.
For example, in Op. Atty. Geri, 63a -11, December 20, I966, we determined that, where
the St. Louis Park Charter required a mayoral vacancy to be filled by council, the council had
1. Section 2.07 of the charter provides in part:
When a vacancy occurs for a reason specified in clauses (d) through (i), the council must
promptly, by a-resolution stating its findings, dtclare the vacancy to exist. )y a
'n
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 first day for filing affidavits
of candidacy for that office, the person elected to.fill that office is devmad to have been
appointed for the unexpired term .... (Emphasis added)
Fraimilc (612) 282-M2 - TDDI (612) 296.1410 • Toll Free Unc: (800)637 -3787 (TDD or rokc)
An Equal Opportunity Employer Who Values Divcrclty < Printed on 30% r0cycicd paper (15 % post consumer cotll tilt)
6.rwn
' ' 1 1 c 1 "' 1 .. v. v v �• L BEST&FLANAGAN
Robert L. Moller, Jr.
January 24, 1994
Page 2
• - -_ P. 03
no authority to permit the voters to decide on the replacement when the council could not
agree on an appointee. There we said:
Neither the above nor any other provision of the St. Louis Park Charter authorizes the
city council to hold a special election when the council itself cannot agree upon an
appointmetu._
In the absence of statutory or charter authorization, public authority may not redelegate
its duties and responsibilities to the electorate.
, = a aQ Ops. Atty. Gets. 63a -I 1, January 4, 1966 (no authority to hold election); 63a -1 I
April 7, 1939 (mayor may not vote 'to break deadlock absent charter authority 63 a -11,
March 27. 1935 (no authority to call special election to breakdeadlock). The 1935 opinion
concluded: "The only suggestion that occurs to us is for the council to keep on balloting until
the 'deadlock' is broken."
We have not located any Minnesota cases which address the issue, the cases we ,have
reviewed from other states also decline to support use of alternative means to fill vacancies
when the responsibility has been given to a deadlocked governing body. ,egg, 1L Fob
SJastora County $o rd of Educ tim 29 N.C. App. 423, 224 S.E.2d677 (1976)(no authority for
district court to order election despite protracted deadlock on filling of school board vacancy).
Thus while we are sympathetic to the wish to have the vacancy filled promptly and definitely
we cannot conclude that, if a'tie vote occurs, resort may be had to a process not contained in
the charter or specifically authorized by a statute applicable to the City of Plymouth.
Therefore, it is our view that the council itself must select an appointee.
1 have enclosed, for your review, copies of our opinions which I have cited. I hope this
information is helpful to you. If YOU would like to discuss the matter further, please feel free
to contact me.
Very truly yours,
7� 7
KENNETH E. R.ASCHKE, JR..
Assistant Attorney General
(612) 297 -1141
KER:sr..ov
CITY OF
PUmouTR
-- January 28, 1994
Mr. Virgil Schneider
11520 54th Avenue North
Plymouth, Minnesota 55441
Dear Virgil,
On January 24, 1994 the City Council appointed Sheryl Morrison to fill the Ward 2
vacancy created when Joy Tierney was elected mayor. While the appointment process
went smoothly, it did highlight a point on which the Charter is silent: what is the
procedure to be used if the Council is deadlocked (in this case, 3 -3) on the appointment of
an individual to fill the vacancy? The City Attorney opined that state statutes, which
would allow the mayor to appoint in case of a tie, would become operative. The Attorney _
General subsequently opined that this is not the case, and that the Council must decide.
At the request of Councilmember Lymangood, I have enclosed various pieces of
correspondence on this issue. However, this issue highlights a larger issue: when our
Charter is silent on any issue, do state statutues become operative or not? If the Attorney
General's opinion on filling a council vacancy holds for other questions as well, there will
be many governance problems created.
Several options are available to provide clearer guidance on this issue.
• Draft an amendment to the Charter clarifying that state statutues become operative
when the Charter is silent.
• Seek a remedy through legislation which would clarify that Charter cities fall under the
statutues if the Charter is silent on an issue.
• Seek guidance from the Attorney General on whether or not his opinion of filling a
council vacancy applies similarly to other issues where the Charter is silent.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
Since there is a general election in the fall of 1994, the Charter Commission could
draft an amendment to place before the voters at that time. This might also be an
opportunity to address some of the other issues discussed at the Commission's meeting --
last month. However, should you wish to draft amendments and place these on the
November ballot, the Charter Commission would have to meet sooner than the annual
meeting scheduled for December 1994.
Please let me know if you need any further information. The City Attorney will be
studying this matter further in the coming weeks, and we will keep you informed. My
number is 550 -5013.
Sincerely,
Kathy Lu kert
Assistant City Manager
Attachments
cc: Mayor and City Council
City Attorney Robert Meller
VW 3 - 3 iled
No mpfl ml /�M"& A Lyenda Number:
andu
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g
_E
TO: Mayor and City Council
FROM: Kathy Lueckert, Assistant City Man4ger
SUBJECT: Application of Statutory Law to Charter Cities
DATE: June 16, 1994 for June 20, 1994
1. ACTION REQUESTED: Move the adoption of the attached ordinance which calls for the
application of statutory or general law when the City Charter is silent on a particular issue.
2. BACKGROUND: Since early spring, the Charter Commission has been exploring
various options to clarify the issue of what guidance the City Council should follow when
the Charter is silent on a particular issue. The Legislature did enact measures which would
allow cities to rely on general or statutory law when the charter is silent. However, the
law does not make such reliance mandatory.
The Charter Commission discussed at length the possibility of placing a charter amendment
before the voters in November. Such an amendment would mandate that the City Council
rely on general or statutory law when the Charter is silent. The Charter Commission
concluded that it would rather wait until other amendments were necessary before going to
the voters again.
The Charter Commission wanted to explore the possibility of using an ordinance to
mandate City Council reliance on general and statutory law. The City Attorney has opined
that the City Council could indeed pass such an ordinance, and the draft ordinance is
attached for Council consideration. A copy of the Charter Commission minutes discussing
this issue is attached.
3. ALTERNATIVES: In lieu of passing this ordinance, the City Council could choose
to rely on the law passed by the Legislature. A copy of this law is attached.
4. DISCUSSION: The Charter Commission feels that passing this ordinance and requiring
the City Council to rely on general or statutory law when the Charter is silent is essential to
good government in Plymouth. It does not want the City Council's ability to govern
impeded by the lack of guidance in the Charter, and the Commission sees this ordinance as
a means of ensuring that the Council may immediately turn to general or statutory law to
resolve questions..
ORDINANCE NO. 94-
AN ORDINANCE APPLYING THE LAW APPLICABLE TO
STATUTORY CITIES IN INSTANCES IN WHICH
THE PLYMOUTH CHARTER IS SILENT
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. The Plymouth City Code is amended to add Section 100.09
as follows:
f
100.09. Application of General Law Where Charter Is
Sklent.
In instances where the city charter is silent on a matter
that is addressed for statutory cities by Chapter 412 --or
other general law, the City of Plymouth shall apply the
statutory or general law to the matter to the extent
permitted by Minnesota Statutes § 410.33 (1994). The city
attorney shall determine whether the charter is silent on
the matter before statutory or general law is applied to
that matter.
Sec. 2. This ordinance is effective upon its passage in
accordance with Section 110.09.
Mayor
ATTEST: .
City Clerk
adb \9300 \920191 \3853.mem
Mr. Schneider suggested that the Charter Commission return to discussing the "may"
versus "shall" question. Discussion followed about the applicability of Robert's Rules of
Order.
Mr. Bujold restated the issue: that if charter cities seek to have power to do something
that statutory cities are able to do, but on which issue a city's charter is silent, the City
Council can then rely on statutory and/or general law to find the power to do something if
statutory and/or general law indicate that the power is permissible.
Ms. Singer questioned that since state law may be used, should the Commission try to
place a blanket amendment covering every circumstance'lon the ballot, or merely address
what's missing from the Charter?
Mr. Schneider stated that it is not possible to address every issue which might arise over
the years. He wondered if this issue is worth placing on the ballot in November, since the
same elements of the effort to pass the Charter will be required in this instance.
Mr. Crain stated that he personally would not work for this amendment with the same
level of energy that he did for the Charter. He stated that he favored pursuing the
ordinance option, and then as other Charter issues arise over the coming years to put
together a package for the voters.
Mr. Peterson asked whether or not an ordinance could be reversed by the City Council.
Ms. Bobra stated the Charter Commission has two options -- either place the issue on the
ballot, or try to get the City Council to pass an ordinance, and either one could fail. Ms.
Lueckert noted that this is a rather esoteric issue, and may not attract much interest on the
part of the voters.
Mr. Pribble moved that the Charter Commission request an opinion from the City
Attorney on whether or not the "may" versus "shall" question can be resolved by
ordinance, and if so, the Charter Commission should urge the City Council to adopt
an ordinance to the effect that the application of statutory and general law be
treated as a mandate that the City must apply when the Charter is silent on an
issue. Mr. Crain seconded the motion.
General discussion followed, with concerns expressed that the Charter Commission did
not want to force the City Council to adopt this ordinance. Mr. Speck stated that it really
would be in the form of advice to the Council.
Mr. Bujold called the question.
The motion carried.
994 15:51 FROM
2/28/94
TO 95505050
(REVISOR ) RJS /JC 94 -4744
Senators Robertson, McGowan and Olson introduced- -
S.F. No. 2070 Referred to the Committee on Metropolitan and
Local Government
P.02
1 A bill for an act
2 relating to cities; allowing home rule charter cities
3 to apply law applicable to statutory cities in
4 instances in which the charter is silent, with certain
5 restrictions; proposing coding for new law in.
6 Minnesota Statutes, chapter 410.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8 Section 1. (410.33) (SAVINGS CLAUSE.)
9 if a city charter is silent on a matter that is addressed
10 for statutory cities by chapter 412 or other general law and
11 general law does not prohibit a city charter from addressing t-
0
12 matter or expressly provide that a city charter prevails over
13 general law on the matter, then the city may apply the general
14 law on the matter. -
1
TOTAL F.02
A
s
CITY OF
PLYMOUTF+
July 13, 1994
Virgil A. Schneider
11520 - 54th Avenue North
Plymouth, MN 55442
Dear Mr. Schneider,
On July 11 the City Council voted on the proposed ordinance to require the City
Council to follow general or statutory law when the Charter is silent. The vote was 3 -3,
and the motion failed. Councilmembers Edson, Helliwell, and Tierney voted yes, and
Councilmembers Granath, Morrison, and Lymangood voted no. Councilmember
Anderson was absent.
Please call me on 550 -5013 should you have questions.
Sincerely,
Kathy Lue ert
Assistant City Manager
We Listen • We Solve - We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000
DATE: October 27, 1994
TO: Mayor and City Council
FROM: Kathy Lueckert, Assistant City Manager KvVV l/
SUBJECT: City Attorney Interviews
City Attorney firm interviews are scheduled for November 1 and November 3 in the
Public Safety Conference Room. Listed below is the schedule for the two evenings:
November 1 7:30 Doherty, Rumble & Butler
November 3 6:00 Campbell, Knutson, Scott & Fuchs
7:30 Tallen and Baertschi (Prosecution only)
9:00 Best & Flanagan
Attached is some information for your perusal. We have prepared a matrix of the three
"full service" firms which shows general data on the firm and its proposed legal
services. Also included is a summary of the staff interviews held on October 7.
Finally, also provided is a list of questions for the Council to ask the firms. There are
two versions: one containing questions for general and prosecution services, and one
for just prosecution services. We will provide additional copies of the questions for
your use on Tuesday evening.
COMPARISON OF TOP THREE LAW FIRMS
Category
Best & Flanagan
Campbell, Knutson
Doherty, Rumble & Butler
Cities Served
Golden Valley (Barnard)
Lakeville (Knutson)
Elk River (Sellergren, thru
Wayzata (Meller)
Chanhassen (Knutson)
1992)
Mpls. Park & Rec. Dept.
Burnsville (Knutson)
Bloomington HRA
Hennepin HRA
Lead Attorney
Allen Barnard
Roger Knutson
David Sellergren
Meeting Attorney
Allen Barnard
Gary Fuchs *
David Sellergren
Proposed "Plymouth
Allen Barnard
Roger Knutson
David Sellergren
Team"
Paul Kaminski
Elliott Knetsch
Darcy Hitesman
John Boyle
Gary Fuchs
Skip Lefler
Barbara Ross
Thomas Scott
Kevin Prohaska
Dan Nelson
James Walston
Sherrill Oman
Frank Vogl
Elizabeth Lunzer
Lisa Hurwitz Dercks
Andrea Poehler
General & Civil
Allen Barnard
Roger Knutson
David Sellergren
Paul Kaminski
Elliott Knetsch
Darcy Hitesman
Barbara Ross
Land Use
Allen Barnard
Roger Knutson
David Sellergren
Paul Kaminski
Barbara Ross
Labor Law
Frank Vogl
Roger Knutson
Lisa Hurwitz Dercks
Dave Johnson
Darcy Hitesman
Sarah Madison
Code Enforcement &
Allen Barnard
Gary Fuchs
Marc Mandersheid
Condemnation
Paul Kaminski
Real Estate
Reno Van Putten
James Walston
Kevin Prohaska
Greg Soule
Bond / T.I.F.
Dan Nelson
Did not propose bond counsel
Sherrill Oman
Tracy Kochendorfer
Roger Knutson - T.I.F.
Prosecution
John Boyle
Elliott Knetsch
Sub - contract w/ Lefler firm **
Robert Maher
Michele Weyandt (assistant)
Darcy Hitesman
William Morris
Kathy Ghostley (assistant)
Mario Witte assistant
Fee Structure
General - $7,500 per month
Hourly for general; willing to
General: $100,000 per year
Prosecution - Annual cap of
negotiate retainer
Prosecution: $195,000 per
$150,000
Prosecution: $15,000 per
year
Hourly for Special Matters
month
General Information on
52 Attorneys
8 Attorneys
100 Attorneys
Firm
9 Paralegals
5 Legal Assistants
16 Paralegals
38 Support Staff
10 Support Staff
108 Support Staff
Other Comments
* If Plymouth Council
** Subcommittee does not
meetings changed to 2nd &
recommend using the Lefler
4th Mondays, Knetsch or
firm for prosecution
Fuchs will attend. If meetings
changed to Tuesdays, Knutson
will attend
Summary of Staff Interviews with City Attorney Candidates
October 7, 1994
Campbell, Knutson. Scott & Fuchs
Roger Knutson, Elliott Knetsch, and Gary Fuchs were present from the firm. All three
attorneys have represented cities and other municipal entities for most of their careers.
The firm has done some defense work for the League of Minnesota Cities. Roger
Knutson emphasized the firm's focus on cost containment and commitment to clients.
Knutson indicated that they "don't take x- rays" of every issue, and concentrate on
preparing good findings ahead of time which will hold up in court.
The firm has at least two attorneys who are competent in each specialty, so that they can
back each other up. The firm uses a team approach to issues and problems. Turnaround
time for questions is generally 15 minutes to one business day. Knutson indicated that the
firm's breadth of experience in local government issues creates some economies of scale.
If an ordinance already exists from another city which might work in another city with
some modifications, the firm does not begin anew on the ordinance. The firm does do TIF
plans, and has worked on them extensively in Chanhassen.
Gary Fuchs will attend City Council meetings and weekly staff meetings, because of Roger
Knutson's commitments to Lakeville and Chanhassen on Monday evenings. This came as
a surprise to the subcommittee, and was not clearly stated in the proposal.
Campbell, Knutson, Scott and Fuchs indicated that their bills will not exceed the City's
legal billings of the past year.
Doherty, Rumble & Butler
David Sellergren, Darcy Hitesman, and Kevin Prohaska were present from the firm.
David Sellergren was City Attorney for Elk River from 1977 to 1992. He is anxious to
return to municipal practice. The firm currently does not represent any cities. Sellergren
is well known for land use and environmental law. Hitesman will focus on data privacy
issues, as well as general municipal work such as drafting of resolutions for findings,
general land use questions, etc. Prohaska will focus on real estate issues.
Sellergren will attend council meetings and weekly staff meetings. He will also work on
TIF, although he admits that he is not completely up to date on the latest changes in TIF
law. However, Sherrill Oman, who would serve as bond counsel, will assist in the
development of TIF agreements. Sellergren indicated that he prefers to work on a five
day turn around time for non - critical issues or agendas. He anticipates that about 10
attorneys will do some significant amount of municipal work.
Best & Flanagan
Allen Barnard, Paul Kaminski, Barbara Ross, and Frank Vogl were present from the firm.
The questioning followed a slightly different path, given that staff was already familiar
with the attorneys and their various specialties and areas of expertise. A questions was
asked on what percentage of their time is spent working on municipal issues, and
Plymouth in particular. Kaminski estimated that his time is 50% municipal, and 50%
private clients. Ross works on opt out transit issues, so that 50% of her time is on public
sector issues. Of that, 20 - 25% is on Plymouth work. Frank Vogl spends 20% of his
time on public sector issues, with a smaller percentage of that on Plymouth. Barnard
spends the majority of his time on municipal issues.
There was general discussion about the retainer arrangement. The firm indicated that at
times it felt "squeezed" by plat opinions and development work in the general retainer,
based on the amount of work generated by the City.
Allen Barnard will continue to attend council meetings and weekly staff meetings.
Questions for City Attorney Interviews
for General and Prosecution
A. Questions for General
1. Please tell us a little about your individual backgrounds and your firm's experience in
the various aspects of municipal law.
2. Why do you practice municipal law? How is municipal law different from other areas
of practice?
3. What type of relationship do you like to have with the City Council, both collectively
and with individual members? What type of relationship do you like to have with city
staff? What are barriers to these relationships?
4. What is the appropriate role for the City Attorney during a Council meeting?
5. How should we judge your performance? By what standards do you want to be
measured?
B. Questions for Prosecution
6. Please tell us about your background as a prosecutor.
7. If the prosecutor identifies new items or problems that need to be addressed by an
individual officer or a group of officers, how should this be communicated?
8. What process do you use for monitoring and disseminating information on legal
updates?
9. How do you deal with the legal and philosophical issues in the prosecution of crimes
such as domestic abuse, DUI cases, etc?
10. Do you see a need to have a contact person and backup available to police staff to
answer questions during the course of a day?
pf-exwti-01V Onl�
Crailat,d Baermm,�
Firm:
Evaluator.-
Questions for Interviews
1. Do you believe the prosecutor has a role in participating with police staff in
the evaluation of officers as it relates to courtroom testimony and etiquette?
2. Do you believe the arresting officer(s) and /or victim(s) should have any input
into the prosecutor's decision on plea bargaining cases?
3. What role do you believe the prosecutors should play in officer training?
4. If the prosecutor identifies new items or problems that need addressing by
either an individual officer or a group of officers, how do you believe the line
of communications should address fixing the problem?
5. The. police department has noticed an increasing trend in requests for
expungement orders. What is your view of the prosecutor's input to
expungement hearings?
a
7.
1A
What process do you use for monitoring and disseminating information on
legal updates?
What is your experience and opinion on handling forfeiture cases?
How would you handle not only legal, but philosophical issues in the
prosecution of crimes, i.e. domestic abuse cases, D.U.I. cases, et cetera?
9. How do you see the police position properly being incorporated into the
prosecution on an individual case basis?
10. Do you see a need to have a system of contact person and backup available
to police staff in order to answer questions routinely during the course of a
day?
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: October 27, 1994
TO: Mayor and City Council
FROM: Dwight D. Johnson
SUBJECT: Revised Procedures for the Conduct of Regular Council Meetings
At the special Council meeting on the discussion of the Council procedures for the
conduct of meetings, various possible amendments to the recently approved policy were
discussed. Council member Granath summarized the discussion near the end of the
meeting and stated he would be willing to consider introducing an amended document
based upon the discussion. It was agreed that I should try to draft a new document for
the Council's consideration.
Attached is a revised draft document. Council member Granath has reviewed and
concurs with the language in the new document. Mayor Tierney has also reviewed
and approved the new document and has asked that it be forwarded to the full Council.
Mayor Tierney's remaining concerns relate only to the form of the written presentation
of the document to the public, not the procedures in the document. She has some
concerns that the document is too long for regular public distribution at Council
meetings and would like to see a friendly and inviting preamble attached to it. She has
mentioned that perhaps the Council could approve the whole document, but use a
shortened, bulleted form of it for actual public distribution at the back of the Council
chambers. We plan to work on one or more alternative presentation forms to give to
you during the next week to address these possibilities.
For now, please review and comment upon the substance of the new document. If you
do have any ideas on the presentation of the document, we would also appreciate those,
but we have been mainly concentrating on the substance of the document in recent
days. Thank you.
CITIZEN INFORMATION
PROCEDURES FOR THE CONDUCT OF REGULAR MEETINGS
1. Parliamentary Procedure. The Council has adopted Robert's Rules of Order to be
the parliamentary procedure for its regular meetings.
2. Council Meeting Schedules. The Council normally holds its regular meetings on
the first and third Mondays of each month and has established 10:00 P.M. as the normal
adjournment time. If there is sufficient business, a third council meeting may be held on
an alternate Monday that month.
3. Public Hearings. Public hearings will be listed under the Public Hearings section of
the agenda and conducted as required by state laws and regulations, the City Charter, the
City Code, and these procedures where they are not in conflict with them.
4. Guidelines for Public Comment Outside of Public Hearings.
A. Presentations by Applicants and Petitioners. Applicants and petitioners, or
their representatives, may make presentations to the Council that are up to a total of 15
minutes in length, not including time for answering questions by the Council. The Mayor
may extend the time subject to the consent of the Council. Submission of written
material in advance is requested. Please do not read previously submitted written
material to the Council.
B. Comments by Citizens. Citizens may request permission to speak on
agenda items by completing a blue card found on the table at the rear of the Council
Chambers and handing it in to the City Clerk, the Mayor, or Council. Please state on
the card whether you are pro, con or "other" on the issue to assist the Mayor and
Council in hearing all sides. You will not normally be recognized more than once on
any agenda item. You are invited to offer comments up to 5 minutes in length, not
including time for answering questions by the Council. Upon request, the Mayor may
extend the time of any speaker subject to the consent of the Council.
C. Agenda Items of High Public Interest. If numerous requests to speak on
an agenda item are received, the Mayor will inform the Council of the number of
requests. The Mayor or any member of the Council may propose a total length of time
for public comment on the item, which must be approved by the majority of Council
members to be effective. The Mayor will use the gavel to indicate when the time for
public comment is in order. In addition, the Mayor may request some or all of the
following procedures to be followed:
• Ask that groups of citizens choose a spokesperson for the group.
• Request that speakers do not repeat previous speakers, but simply indicate
agreement or disagreement with an argument previously made.
• Announce the order of speakers and ask that the following speaker to be seated near
the podium area.
• Ask for a show of hands in support or opposition to an issue.
• Defer and consolidate any questions asked during the citizen comment period.
• Ask for a motion from the Council prior to public debate to help the audience
members determine if they wish to speak to the proposed course of action.
5. Conduct of Speakers. Please give your name and address and direct all comments
to the Mayor and Council as a body. Please maintain proper decorum at all times. No
personal attacks will be permitted against anyone.
DATE: November 1, 1994
TO: Mayor and City Council
FROM: Dwight Johnson, City Manager
Kathy Lueckert, Assistant City Manager
SUBJECT: Available Options for Filling Vacant Ward 2 Council Seat
Several options are available for filling the vacant Ward 2 seat. These options are
listed below, along with some pros and cons for each.
Option 1 Appoint from the Previous List. The previous list consists of ten names
and is attached. Please note that Jack Hill has since moved from the city.
• This option eliminates the need to advertise and to interview an unknown number of
possible candidates.
• The vacancy could be filled as early as December with no further interviews of the
candidates.
• This option assumes that the Council feels comfortable with the names remaining on
the list, and that the public will not object to not reopening the process.
Option 2 Advertise and Interview. The Council could choose to advertise for new
candidates for the Ward 2 vacancy. This might involve a written application and
response to questions, as was done earlier this year. Based on these applications, the
Council could narrow the list of names to the most promising three or four candidates.
These individuals then could be interviewed.
This option provides the most open process and invites new individuals to
participate.
Given the time needed for advertising and interviewing, the vacancy would not be
filled until early January.
The written interview format could help reduce substantially the number of hours of
interviews.
Option 3 Appoint an Individual. There is no Charter requirement to advertise and to
interview for the vacant council seat. The Council could simply recruit and appoint an
individual to fill the vacancy without any prior advertising or interviews. The
individual must reside in Ward 2.
• This option fills the vacancy quickly.
• This option would be the least open process for filling the vacancy.
As noted on your voice mail yesterday, holding a special election is not an option. The
Charter (Section 2.07) states: "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." Unless the Charter specifically calls
for a special election, the City cannot hold one to fill the vacancy. State statutes also
do not give us the option of holding a special election.
Previous Applicants for Ward 2 Vacancy
Name Comments
Joe Domagala
Jack Hill Moved from city
Eydie Kargas
Mary McKee Currently serving on Water Quality
Scott Martin
Christian Preus Currently serving on Planning Commission
David Shea Currently serving on Water Quality
Miles Thompson Currently serving on Chemical Health
Tim Wold
Dennis Zylla
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Res. No. 94-
WHEREAS, the Ward 2 councilmember, Sheryl Morrison, has
resigned the Ward 2 seat on the Plymouth City Council; and
WHEREAS, the Charter provides that the City Council must make a
declaration on any vacancy on the Councill;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council
of the City of Plymouth, Minnesota, does hereby declare that the Ward 2 City Council
seat is now vacant.
11 -01 -1994 11:20 612 339 5897 BEST &FLANAGAN P•02
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Direct Dial: 341 -9720
November 1, 1994
BY TEP.LF.FAX
W. Dwight Johnson
City Manager
Ms. Laurie Ahrens
City Clerk
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Council Vacancy
Dear Dwight and Laurie:
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The purpose of this letter is to set forth the procedure required to fill the vacancy in
the City Council.
The City Charter is controlling. Section 2.07 discusses the process of filling a
council vacancy. Nine different possible reasons for a vacancy are listed in this Section. In
the present situation, the reason for the vacancy is listed in (c), ply, "resignation of the
officer." The Council should therefore declare that a vacancy exists (it is of necessary to
set forth findings since the vacancy results from a r Wgnation) and forthwith appoint an
eligible person to fill the vacancy until the next regular IDunici2al election at which time the
office is filled for the unexpired term. The City should not hold a special election since the
Charter, specifically requires the Council to fill the vacancy. The Attorney General has
opined that where a City Charter sets forth a system of appointing persons to fill vacancies,
State Statutes allowing special elections would not be applicable. See Op. Atty, Gen., 63a-
11, Dec. 20, 1966.
11 -01 -1994 11:21 S12 339 5897 BEST &FLANAGAN P.03
Mr. Johnson
Ms. Ahrens
November 1, 1994
Page 2
We conclude that the Council should declare a vacancy to exist and proceed to fill the
vacancy by appointment. The same process should be used as was used to fill Mayor
Tierney's council seat.
Please let me know if I can be of any further assistance to you on this matter.
ours,
Paul B. Kaminski
PEK:kjd/24410
cc Mr. Allen Barnard
V
Phillip R. Krase
Dennis L. Monroe
Mark d. Moxness"
Richard R. Gibson
KRASS*
MONROE*
MOXNESS
Barry K. Meyer
David C. Priebe
CHARTERED
Patricia M. Weller
ATTORNEYS AT LAW
October 25, 1994
r
Mr. Dwight D. Johnson
City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Minnesota 55447
Re: Ess Property
Dear Mr. Johnson:
Qv (c^ m
John E. Berg
Jonathan D. Cran
Timothy F. Moynihan
Joel E. Abrahamson
Greg D. Johnson, CPA
• Certified Cival Trial Specialist
and Admitted in Wiscmain
•• Admitted in California
Our firm has been retained by the Ess family relative to
certain action taken by the City regarding the approximately 38-
acre parcel of land located by the family south of Schmidt Road and
east of the recently approved plat of Lundgren Brothers
Construction, Inc.
In this regard, I have reviewed certain documents, City
Council agenda reports, staff memos and other correspondence
dealing with this issue.
Larry Liles addressed a letter dated October 25, 1993 to both
yourself and Fred Moore, the City's director of public works, which
dealt with the Ess parcel in relationship to the then proposed
Lundgren Brothers' plat. Mr. Liles pointed out quite accurately
that the proposed plat of Lundgren Brothers did not in fact provide
for access and utilities carried through the Lundgren Brothers'
plat to the east boundary of that plat in a manner which would
allow those utilities to serve our property. Mr. Moore then sent
a memo to you dated November 9, 1993, enclosing Mr. Liles' letter
and suggesting that the appropriate way to deal with these concerns
is for the City to proceed with long - planned acquisition of the Ess
property at this time. Staff reports relative to the Lundgren
Brothers' plat indicate an acknowledgment of the need to have
utilities flow through the Lundgren property to the Ess property
because of the physical and topographical constraints imposed upon
the Ess property. Staff recommended those utilities be carried
through in the Lundgren Brothers' plat so that my clients' property
could be served.
The City Council declined to accept that recommendation, and
instead, approved a preliminary plat of the Lundgren Brothers',
property, which did not include provision for those utilities. My
clients were informed that while doing so, the City was making
suitable preparation for negotiating with my clients for the
TELEPHONE: SOUTHPOINT CENTER, SUITE 1100 FACSIMILE:
TELEPHONE: WEST 82nd STREET 612 - 885 -5969
BLOOMINGTON, MN 55431 -1447
Mr. Dwight D. Johnson
October 25, 1994
Page -2-
purchase of their property. The City then ordered an appraisal of
the property and moved forward in what appeared at the time to be
a good faith effort at acquisition. My clients were in fact
informed that the refusal of the City to require the normal utility
pass- through from the Lundgren Brothers' parcel to our own would be
an issue for condemnation.
It is my understanding that the City then proceeded to both
re -guide and re -zone the Lundgren Brothers' parcel, along with
approving the preliminary and eventually the final plat approval of
that property.
I am further informed that subsequent to receiving an
appraisal of the property, (which appraisal depreciated the value
of the Ess property because of the inordinately high cost of
bringing utilities down from Schmidt Lake Road), on June 6, 1994,
the City Council approved the purchase price established by the
City's appraiser. I understand that offer was placed on the City
Council consent agenda of June 20, 1994, then pulled off the
consent agenda and tabled. On July 11, 1994, the City Council
decided it wished to have additional confirmation of the need for
an interchange on the property the City was about to purchase from
my client. The last study had been done in 1982. That study was
done by the City's consulting engineers, Strgar- Roscoe - Fausch, Inc.
I reviewed a copy of the consultant's memorandum and report dated
August 23, 1994, which confirmed the need for the interchange. The
matter came back on the City Council's agenda on September 12, 1994
with all of this information having been accumulated and supplied
to the City Council by the City staff, and with recommendations to
proceed with the purchase and drafts of appropriate resolutions to
do so. For reasons which are beyond my clients' understanding,
this long- awaited purchase was voted down by a four to three vote.
I have taken the time to set forth some of the extensive
background which led us to the point we are today. Since I am
basing my judgment on this background, I would appreciate it if you
would correct any inaccuracies contained in this letter.
To begin with, it is as clear to me as it was to the City
staff that the City of Plymouth was obligated to make certain that
the Lundgren Brothers' plat carried utilities through to my
clients' property. The City's failure to enforce that requirement
might be understandable in view of the City's announced intention
to acquire our property. Indeed, that announced intention was the
reason my clients took no legal action regarding the Lundgren
Brothers' plat. Had my clients known that the City Council had no
intention of proceeding with this acquisition and was ordering
appraisals,- traffic studies and negotiations for no apparent
Mr. Dwight D. Johnson
October 25, 1994
Page -3-
reason, then the Ess family could have insisted upon the utilities
in question and could have taken appropriate action in a timely
manner to make certain the Lundgren Brothers' plat provided those
utilities up to our common boundary. Needless to say, once the
council took final action on the Lundgren Brothers' plat, that
option is no longer open to us.
It is interesting to note that the City's appraisal of our
property concluded that my clients' property value of $777,546.00
was reduced by $266,500.00, the anticipated additional cost of not
having utilities running to our western border through the Lundgren
plat, but rather, having to bring them south from Schmidt Lake
Road. Accepting the City's appraisal in this regard, it appears to
me the minimum damage done to the Ess property has already been
established. We of course are not even certain those utilities can
come from the north.
The purpose of my letter is to suggest that the City Council
revisit the issue of this acquisition. I believe that at this time
my clients are still be agreeable to accepting the City's approved
purchase price of $549,000.00. Should the council decide not to
reconsider its position in this matter, we simply will have no
choice but to proceed with an action for inverse condemnation. I
believe under the facts as they exist in this case, a court will
order the City to condemn the Ess' property. Under those
circumstances, it will of course be up to a panel of commissioners,
and perhaps, ultimately, up to a jury to determine the value of our
property. Needless to say, our appraiser may place a higher value
on this property than did the City's appraiser. Moreover, it would
be our position in any condemnation that the City's original value
should not be decreased by an increased cost of obtaining utilities
from Schmidt Lake Road when it was the City's decision to deny us
alternate utilities.
It is not my intention to embroil my clients in litigation
with the City in which they are longtime residents and tax payers.
However, the City's action last month leaves us scant alternatives.
The combination of the City Council's decision to ignore staff
recommendations to provide utilities in the Lundgren plat, together
with the council's determination not to proceed with this purchase,
has caused most significant damage to our property, and we will do
what is necessary to recover that damage.
Both Mr. Liles and I would be pleased to meet with you, your
attorney and your staff, or would be happy to meet with the City
Council in an effort to resolve this matter. However, we do need
to hear from you in the very near future regarding the willingness
of the City to work toward such a resolution, or we will have to
Mr. Dwight D. Johnson
October 25, 1994
Page -4-
assume that the City has no intention of seeking a resolution short
of the courtroom.
Very truly yours,
KRASS MONROE & MOXNESS CHARTERED
P6 . e,
Phillip R. Krass
Attorney at Law
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cc: arry Liles
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