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HomeMy WebLinkAboutCouncil Information Memorandum 05-05-1994MAY 5, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR MAY: MAY 9 7:00 P.M. COUNCIL STUDY SESSION PROPOSED TOPICS: Capital Improvements Program City Attorney Public Safety Conference Room MAY 16 7:00 P.M. COUNCIL MEETING Council Chambers MAY 23 7:00 P.M. COUNCIL STUDY SESSION PROPOSED TOPICS: West Medicine Lake Park City Center Expansion Project (if needed) Public Safety Conference Room 3. BOARD OF ZONING -- TUESDAY, MAY 10, 7:00 P.M., Council Chambers. Agenda attached. (M-3) 4. FINANCIAL ADVISORY COMMITTEE-- WEDNESDAY, MAY 11, 4:00 P.M., Council Conference Room. Agenda attached. (M-4). 5. PLANNING COMMISSION -- WEDNESDAY, MAY 11, 7:00 P.M., Council Chambers. Agenda attached. (M-5) 6. OPEN SPACE COMMITTEE -- THURSDAY, MAY 12, 5:30 P.M., Council Conference Room. CITY COUNCIL INFORMATION MEMO May 5, 1994 Page 2 7. PARK TOUR -- The Park and Recreation Advisory Commission is holding their annual park tour for on Wednesday, May 25. A bus will leave from the City Center at 4:30 p.m., and a box supper will be served during the tour. Contact Nancy Pederson, 550-5130 by May 18 if you plan to attend. A memo from Eric Blank on the tour is attached. (M-7) 8. TWINWEST 'STATE OF THE CITY' COFFEE BREAK -- TUESDAY, MAY 17, 7:30 A.M., Council Chambers. (M-8) 9. WEST SUBURBAN MEDIATION ANNUAL MEETING -- FRIDAY, MAY 20. The annual meeting will be held at the Sheraton Park Place Hotel, St. Louis Park. Meeting announcement attached. Please contact Laurie if your would like to be registered. (M-9) 10. METRO MEETINGS -- The weekly calendar of meetings for the Metropolitan Council and its advisory commission is attached. (M-10) 11. MEETING CALENDARS - City Council and City Center calendars are attached. (M- 11) :::: Qn.:QR:<NFRTIIN:.;:.;:.;:.;:. 1. CITY ATTORNEY BILLINGS --Attached is a revised summary page from the March City Attorney billing. The revised summary reflects discounts applied by the City Attorney. (I-1) 2. MINUTES & AGENDAS a. Financial Advisory Committee, April 13, 1994. (I -2a) b. School District 279, Board of Education, April 19, 1994. (I -2b) c. School District 281, Board of Education, April 5, 1994. (I -2c) d. Shingle Creek Watershed Management Commission, March 10, 1994. (I -2d) 3. CITIES BULLETIN -- A copy of the April 22 issue is attached. (I-3) 4. NEWSLETTERS & PUBLICATIONS: a. The Communicator, newsletter from District 279. (I -4a) b. Land & Water Conservation, Hennepin County Conservation District. (I -4b) 5. PLYMOUTH CITY BRIEFS & NEWS RELEASES-- May 3, 1994. (I-5) CITY COUNCIL INFORMATION MEMO May 5, 1994 Page 3 6. LAURIE RAUENHORST -- At their March annual conference, Laurie was elected President for the Municipal Clerks and Finance Officer's Association of Minnesota for 1994-1995. Attached is a press release from the association announcing her election. (I- 6) 7. MEMOS & CORRESPONDENCE: a. Letter and petition signed by Trenton Pond homeowners for reassignment of numerical addresses and street names. (I -7a) b. Letter from Metropolitan Waste Control Commission on the City's 1993 final sewer service statement. (Good news, we thought we would have to pay more on the final statement.) (I -7b) c. Letters from Minnesota Pollution Control Agency regarding petroleum storage tank releases to the following property owners: Hoyt Properties, Former Ag Lite facility, 4901 West Medicine Lake Drive, and Gene Johnson, 1645 Xanthus Lane. (I -7c) d. Letter form Cathy Schmidtke, 11215 46th Place No., to Mayor Tierney, regarding lawn chemical spraying. (I -7d) e. Letter to Chip Welling, Department of Natural Resources, from Eric Blank, regarding boat launch hours for Parkers Lake. (I -7e) f. Letter from Senator Patrick McGowan to Laurie Rauenhorst, on term limit legislation. (I -7f) g. Letter from Nancy Meyer, Caption Minnesota, regarding Computer -Aided Realtime Translation services for public meetings. (I -7g) h. Letter from Kurt Paulsen, Red Fox Cove Homeowners Association, Maple Grove, to Minnesota DNR, regarding violation of a Protected Waters Permit for Pike Lake. Councilmember Lymangood received a copy of this letter and asked that it be shared with other members of the Council. (I -7h) i. Memo from Eric Blank regarding a draft joint powers agreements with District 284. (I -7i) Dwight D. Johnson City Manager BOARD OF ZONING ADJUSTMENTS AND APPEALS PLYMOUTH CITY CENTER - COUNCIL CHAMBERS 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55447 TUESDAY, MAY 109 1994 AGENDA 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3. APPROVAL OF MINUTES APRIL 12, 1994 4. NEW BUSINESS A. Gerald Wiese & Renee Greenwood. Variance to allow a 6 foot fence versus the ordinance maximum 3 foot fence in the required front yard at 10805 Southshore Drive North (050194) 5. ADJOURNMENT (Agenda) The Financial Advisory Committee is an advisory body to the City Council. The mission of the Financial Advisory Committee is to review, analyze and inform the City Council and the public with respect to City financial matters, and to provide innovative, proactive ideas for effective and efficient use of City resources. CITY OF PLYMOUTH FINANCIAL ADVISORY COMMITTEE AGENDA MAY 119 1994 4:00 P.M. 1. Call to order 2. Review of April 13th minutes 3. Investment analysis by Resource Trust Co. 4 Council Subcommittee on State Auditor's Report 5. Annual Risk Management Report 6. . Annual Audited Financial Statements 7. Discussion of future meetings 8. Next month's Agenda 9. Adjournment Next Meeting: Wednesday, June 8, 1994 4:00 P.M. IF YOU ARE UNABLE TO ATTEND THE MEETING PLEASE CONTACT DALE HAHN AT 550-5101 OR BO BOCK AT 331-5571 BEFORE 3 P.M. ON THE DAY OF THE MEETING. THIS WILL HELP ASSURE PROMPT STARTING AND ADJOURNMENT OF THE MEETING. PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MAY 11, 1994 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Blvd. Plymouth, MN 55447 CONSENT AGENDA k11 items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be ;nacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and :onsidered in normal sequence on the agenda. 1. CALL TO ORDER 7:00 P.M. 2. PUBLIC FORUM 3. APPROVAL OF AGENDA 4.* APPROVAL OF MINUTES 5.* CONSENT AGENDA 6. PUBLIC HEARING A. Holiday Companies. Preliminary Plat, Conditional Use Permit, Site Plan and Variances for a convenience store and gasoline service station located at the northeast corner of South Shore Drive and Highway 55 (93 100) B. Compusite. Variance and Site Plan Amendment to increase the percentage of impervious coverage on the site located at 2050 Merrimac Lane North (9403 1) C. City of Plymouth. Interim Ordinance Regarding Rear Yard Setbacks from Wetlands (94043) 7. OLD BUSINESS - DISCUSSION ITEMS 8. ADJOURNMENT DATE: May 4, 1994 TO: Mayor and Council, PRAC, Planning Commission, Open Space Committee, Water Quality Committee, Department Heads FROM: Eric J. Blank, Director, Parks and Recreation ez SUBJECT: 1994 PARK TOUR The Park and Recreation Advisory Commission would like to invite each of you to join them for the annual park tour scheduled for Wednesday evening, May 25, beginning at 4:30 p.m. A box supper will be served on the bus. The tour will conclude at approximately 8:30 p.m. For Planning Commission members who would like to come along, we will have you back to City Hall at approximately 6:45, prior to your Commission meeting. To schedule the right size bus for this group and order enough box suppers, would you please RSVP no later than Wednesday, May 18. You may do this by calling my secretary, Nancy, at 550-5130. During the tour, we will attempt to hit as much of the park and trail system as we possibly can, but we'll certainly focus on the hot spots for new development and acquisition. Thank you for your interest in this. I look forward to seeing all of you on Wednesday, May 25. EB/np M —Q TWINWEST CHAMBER OF COMMERCE YEARS OF EXCELLENCE 1 984 - 1994 i State of the City Community Coffee Breaks During May, TwinWest brings its Coffee Breaks to city hall for a "State of the City" presentation by city staff and elected officials in each community. It is your opportunity to learn about local happenings including new and proposed developments, public improvement projects, proposed ordinances and other matters that affect businesses in your community. The Coffee Breaks are held from 7:30 - 9:00 a.m. and coffee and rolls are provided. The State of the City Coffees are always TwinWest's most highly attended and informative coffee breaks of the year. Please join us! CITY' CRYSTAL M�9 I C OF R LOU S City of Golden Valley Get Y O.a W HO AN n Wednesday, May 4 Crystal City Hall / Co-sponsored by Timesavers, Inc. 4141 Douglas Drive Friday, May 6 St. Louis Park City Hall 5005 Minnetonka Boulevard 1 Timesavers Tuesday, May 10 Golden Valley City Hall / Co-sponsored by Central Bank 7800 Golden Valley Road Tuesday, May 17 Plymouth City Hall 3400 Plymouth Boulevard Wednesday, May 18 Minnetonka City Hall 14600 Minnetonka Boulevard 4C//Ud1 Bank Tuesday, May 24 New Hope City Hall / Co-sponsored by Ray Smith Insurance 4401 Xylon Avenue North Wednesday, May 25 Wayzata City Hall 600 Rice Street Thursday, May 26 Hopkins City Hall 1010 South First Street Coffee Breaks are free and no reservation is required Ask a business associate to join you! r% RAY SMITH INSURANCE IA METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and six regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit Commission, Metropolitan Waste Control Commission and Regional Transit Board. Meeting times and agendas are occasionally changed Questions about meetings should be directed to the appropriate organization. DATE: April 29, 1994 WEEKS OF: May 2 -May 13, 1994 METROPOLIT-kN COUNCIL Minority Issues Advisory Committee - Tuesday, May 3, 4 p.m., Chambers. The committee will consider: legislative session update; MIAC committees and the 1994 work plan; the draft Regional Blueprint; reports on the Immigration issue and the Council's relationship with MIAC; and other business. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, May 4, 9 a.m., Chambers. The committee will consider: the Regional Blueprint; bridge investments; a legislative update; TIP schedule; comments on Regional Blueprint; and other business. Public Information Open House on Regional Blueprint - Wednesday, May 4, 4 p.m., Oakdale City Hall, 1584 Hadley Ave. N., Oakdale. Chair's Informal Meeting with Council Members - Thursday, May 5, 3 p.m., Chair's Office. Metropolitan Council - Thursday, May 5, 4 p.m., Chambers. The Council will consider: extension of a grant agreement for the Solid Waste Management Coordinating Board related to paint toxicity; Section 8 Unification Demonstration Program annual contributions contract; Section 8 administrative service contract; and other business. Committee of the Whole - Thursday, May 5, immediately following the Council meeting, Chambers. The committee will consider: a request for short-term funding of the Mississippi River Defense Network; Aviation Policy Plan public hearing draft; and approval of the Aging Program transition agreement. Legislative Coordinating Group - Friday, May 6, Noon, Room 1A. TENTATIVE MEETINGS THE WEEK OF MAY 9 - 12, 1994 Burnsville Landfill Expansion Site Presentation/Tour - Monday, May 9, 1:30 - 4:30 p.m., Burnsville City Hall, 100 Civic Center Pkwy., Burnsville. Minority Community Forum on the Regional Blueprint (sponsored by the Minority Issues Advisory Committee): - Monday, May 9, 6:30 p.m., Ramsey Action Program offices, 560 University Ave., Unidale Shopping Center at University and Dale, St. Paul. Metropolitan Waste Management Advisory Committee - Tuesday, May 10, 2 p.m., Chambers. h,V �(7" Chair's Informal Breakfast Meeting with Council Members - Wednesday, May 11, 8 a.m., Bigelow's at Sheraton Midway, I-94 at Hamline, St. Paul. Housing and Redevelopment Authority Advisory Committee - Wednesday, May 11, 9:30 a.m., Room 2A. Library Study Advisory Committee - Wednesday, May 11, 4 p.m., Room 1A. Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, May 12, 3 p.m., Chair's office. Metropolitan Council - Thursday, May 12, 4 p.m., Chambers. Committee of the Whole - Thursday, May 12, immediately following the Council meeting, Chambers. Lower Minnesota River Technical Advisory Group - Friday, May 13, 9:30 a.m., location to be determined. Legislative Coordinating Group - Friday, May 13, Noon, Room 1A. 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). REGIONAL TRANSIT BOARD Board Meeting - Monday, May 2, 4 p.m., Chambers. The board will discuss: an update on Metro Mobility; a legislative update; Metro Ride, Inc. and Handicabs, Inc. letter agreements to begin expending Metro Mobility transition money; and other business. Providers Advisory Committee - Thursday, May 5, 10:30 a.m., Room 1A. The Commitee will discuss the competitive transit guidelines. Meetings are subject to change; please call to confirm. The Regional Transit Board offices is located at on the seventh floor of Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information or confirmation of the meetings, call the RTB office at 292-8789. METROPOLITAN SPORTS FACILITIES COMMISSION Intergovernmental Relations Committee - Wednesday, May 4, 8 a.m., Kelly Inn, St. Paul. The committee will receive a status report on legislative activities. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. Meeting times and agendas occasionally must be changed. To verify meeting schedules and agenda items, please call Tamra Sharp, 335-3310. METROPOLITAN WASTE CONTROL COMMISSION Blue Lake Solids Processing Workshops - Monday, May 2,130 p.m., Room 1A. Committee of the Whole - Tuesday, May 3, 3 p.m., Room 1A. Ad Hoc Committee for Vendor Consultant Selection - 3:30 p.m., N-Viro Minnesota, 1970 Christenson Ave., West St. Pali! The Metropolitan Waste Control Commission is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information, call 222-8423. METROPOLITAN TRANSIT COMMISSION Operations Committee - Tuesday, May 3, 4 p.m. The committee will consider approving and recommending the following: the solicitation of bids for the provision of transmission oil coolers and for Neway Suspension items; authorizing individuals to appear at conciliation courts on behalf of the Commission; and the execution of a contract for the construction of a layover facility for vehicles routed to serve Eden Prairie and Minnetonka. Commission Work Session - Tuesday, May 3, 4:30 p.m. The Commission will discuss the formulation of a policy on advertising and will also discuss matters of security. Metropolitan Transit Commission offices are located at 560 Sixth Ave. N., Minneapolis, MN 55411. Meeting times and agendas occasionally must be changed. To verify meetings schedules or agenda items, call 349-7516. METROPOLITAN AIRPORTS COMMISSION Planning and Environment Committee - Tuesday, May 3, 1 p.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold -Chamberlain Field. The committee will consider: May ADNE levels; final contract payments; contract bids; street improvement assessment at Airlake Airport; review of upcoming construction project bids; acceptance of anticipated grant offers; Part 150 sound insulation program homeowners survey for 1992-1993 grant years; and Part 150 sound insulation program tour of homes. Management and Operations Committee - Wednesday, May 4, Room 301, West Mezzanine, Lindbergh Terminal, Wold -Chamberlain Field. The committee will consider: hearing officer's report on ground transportation ordinance 79; vehicle use policy; consultant evaluations; Northwest Airlines negotiations update; legislative update; Trades Department presentation; first quarter budget variance and financial statements; general obligation revenue bonds series 4 refunding; Budget Task Force update; bids for hot pour sealant; security equipment maintenance agreement; Air Cargo City/Airborne Express presentation; Heads Up; and historical display in Hall of Fame. Budget Task Force - Wednesday, May 4, 11 a.m., Room 301, West Mezzanine, Lindbergh Terminal, Wold Chamberlain Field. The task force will consider: ratification of 1993 year end budget analysis; the 1995 program initiatives; and the 1995 budget target information. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. *REVISED MEETING ** NEW MEETING 5/5/94 rR ,,CITY CENTER MEETINGS � June 1994 19 20 21 22 23 24 25 .� Summer begins 7:00 PM PLANNING COMMISSION *REVISED MEETING ** NEW MEETING 5/5/94 1 2 3 4 May SMT W T F S 7:30 PM HUMAN RIGHTS 1 2 3 4 5 6 7 COMMISSION 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 6 7 8 9 10 11 7:00 PM COUNCIL 3 7:00 PM WATER QUALTTY 4:00 PM FINANCIAL ADVI- 5:30 PM OPEN SPACE MEETING CoNan=E SORY CODIIIIITTEE COMMTTTEE 7:00 PM PLANNING 7:00 PM PRAC COMMISSION 12 13 14 15 16 17 18 700 PM COUNCIL. STUDY , 7:00 PM BOARD OF 7:00 PM PACT 7:00 PM HRA —� SFSSLbN Pub ZONING 19 20 21 22 23 24 25 .� Summer begins 7:00 PM PLANNING COMMISSION *REVISED MEETING ** NEW MEETING 5/5/94 ® City Council Weekly Planner May 08 - June 18, 1994 Sunday Monday Tuesday Wednesday Thursday Friday Saturday May 8 May 9 May 10 May 11 May 12 May 13 May 14 7x00 PMCC/UNG 4 StTDI`-SESSION" 7:00 PM BOARD OF ZONING 4:00 PM FINANCIAL ADVISORY 5:00 PM OPEN SPACE PublteSa eiyCoai, COMba= COMMITTEE .ar. 7:00 PM PLAN- NING COMMISSION May 1-5 May 16 May 17 May 18 May 19 May 20 May 21 7;00PM COUN- 7:30 AM TwinWest 7:00 PM PACT CIL MEETING"_._ "State of the City" May 22 May 23 May 24 May 25 May 26 May 27 May 28 7:00 PM ComgCIL , , ': DYQK" r7:00 PM PLAN- NING 9:00 AM LMC L.egis- lative Review Pub Wety Coof Rn COMMISSION Session - Holiday CITY PARK TOUR -Bus Inn, Burnsville 5:00 PM OPEN Leaves 4:30 pm SPACE COMMITTEE 7:00 PM HRA May 29 May 30 May 31 June I June 2 June 3 June 4 Memorial Day 7:30 PM HUMAN (Observed) City RIGHTS Offices Closed COMMISSION June S June 6 June 7 June 8 June 9 June 10 June 11 7 00'W: QUN 7:00 PM WATER 4:00 PM FINANCIAL 5:30 PM OPEN CIT, MEETING QUALITY ADVISORY SPACE COMMITTEE CONUd=E 7:00 PM PLAN- NING COMMISSION COMMITTEE 7:00 PM PRAC June 12 June 13 June 14 June 15 June 16 June 17 June 18 7.00I'MCOUNt L ", 7:00 PM BOARD 7:00 PM PACT 7:00 PM HRA STUDY SESSION .,` t Eabllk Srfeey Coa: OF ZONING Rm, *Revised Meeting **New Meeting 5/5/94 04-29-1994 16:54 612 339 5897 R011L'NT I..C.Ron Hr LY.0N4RII M.ADDINOTUN Rohm r R.13ART1f N. WALTER GRAVP ALIAN 1). BARNARD RIC)IARD A.YETY.ReoN RonP.irr .1. CHRIRTIANSON, JH FR4NR ).N'ALZ. PRANK V001. NIARINIIN W. VAN PUTTEN, JR. DAVID B.'sIORRE _TOIIN A. DIIRTUN,JN. •JAHXK C. UIRAC.Ltk RnneRT 1—MP.I.I.P.R.JR, J1'O1TH A. RDooRHERKL StWITT D. ELLER BEST2FLANAGAN BEST &- FLANAGAN ATTORNEYS AT LAW CHARLEbi C,BERUIIIRT GEORLIC 0 I.UUCKP. E.-JorStPl/ LAFAvr. GRcoORT D. SOULL CATHY ):.GOBLIN PATRICK R. HXNNIIeeY TIMOTIIY A. Su LijvAN BRIAN F. RICE DANIEL R.W. KELRVN TRACY.1•%•AN S'reeNBUROH DAVID J. LODKE STKveN R.KRUUP.R .JAMEe P. MICHELS PAUL E. I(AMINhxI JOHN P. BOYLE ROMs C. FORMELL 4000 1'IR�T BANK I"LACE D01 SECOND _1VENUE SOUTH �11AVEAPOIAS, Vii\ 6640T2 -A331 TELEPHONE 1311:1 330-7151 TE7.ECOPJER 101-31 330-6997 Direct Dial: 341-9715 April 29, 1994 VIA FACBTMILFp AND MAIL Mr. Dwight Johnson City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: City Attorney Billings Dear Dwight: P.02 CINDY J. LARSON OP COIINPEL CARYN SfHeRn GLUven JOHN R.CARkULI. MANY E. SH KAREN JAME,1 D•OLSON C;ATHERINL•1. COURTNEY RnnliRr M...SixARIi KEITH J. NP LS EN ARCHIBALD iPIENCEN 11AHBAHA M. ROKe WARD B. LEWIS TRACY F. KOc.HxNDORrER .JUANNICE M. REDINo SARAH C.RIPPP.N MADISON ROBERT D. MAHLR DAVID H.JOHNOON JAMES LBE!IT WILLIAM J. MORRIS tooc-loee M1CHALL L. DIDoe Rontxr J. FLANAOAN M ICKAEL H. PINK Mae -1414 I noticed in the April 28, 1994 City Council Information Memo that I-4 contained the summary sheet from the March City Attorney billing. I am concerned that it does not reflect the substantial discounts we have made in our fees in order to meet the previously agreed retainer and to hold down the prosecution costs. The information being provided to the Council should show the entire picture. Accordingly, I have drafted a revised version of the summary page which reflects the deep discounts we have given. It is enclosed. I would greatly appreciate it if you would provide copies of this revised summary page to the City Council so that they can substitute it at Item I-4 of the April 28, 1994 City Council Information Memo. Thanks. very tru�y jyours, Allen D. Barnard ADB:rys Enclosure adb\9300\920191\3657.ltr 04-29-1994 16:54 612 339 5897 BE5T2.FLANAGAN P.03 BEST & FLANAGAN 1- Attorneys at Law 4000 First Bank Place 601 Second Avenue Soutli Minneapolis, Minnesota 55402-4331 (612) 339-7121 Client 9300 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 TER SUMMARY April 18, 1994 Invoice No. 203176 - 203190 Matter Services Disb. Total Billed YTD 9201.88 - 920593 Retainer Agmt. $7,500.00* 319.40 $7,819.40 $23,381.54 920180 Prosecution Office Time 6,762.00** 1,047.76 7,809.78 28,444.70 920161 Prosecution Court Time 5,189.44** 181.35 5,370.79 18,810.88 920182 Prosecution Complaint 1,809.75** .00 1,809.75 5,946.25 920189 Housing & Redevelopment 228.00 47.90 275.90 827.30 920200 Codification .00 .00 .00 1,623.55 930266 Ryan Contracting .00 .00 .00 85.00 920276 Labor/Employment 308.75 5.00 313.75 2,200.66 921072 v. Cavanaugh 1,629.25 17.60 1,646.85 5,639.65 921091 Larry Begin .00 .00 .00 1,204.40 921158 Marcus Real Estate 14.25 .00 14.25 38.00 921332 Public Works --Deep Well 11 .00 .00 .00 433.50 930266 Ryan Contracting 458.75 2.40 461.15 461.15 930677 Freeman Project 102 10,038.75 215.47 10,254.22 11,169.57 930792 Buchle v. City .00 .00 .00 194.10 931112 Naegele Outdoor Advertis. .00 .00 .00 37.50 931464 Housing Alliance .00 .00 .00 431.65 931599 Project 330 (West Med) 802.75 39.90 842.65 1,289.15 940062 Gary Berthiaume 213.75 .00 213.75 588.75 940280 Vehicle Forfeitures 901.00 219.10 1,120.10 1,842.60 940375 Joint Powers Land Acq. 973.75 .00 973.75 973.75 TOTAL 2 �Y k $36,830.19 $2,095.90 $38,926.09 $105,623.65 Total fees for work of $13,202.75 reduced by $5,702.75 to meet retainer previously agreed. Reduced 255 (amounts $2,254.00, $1,729.81, and $603.25, respectively) to hold costs down. PAYMENT DUE UPON RECEIPT PLEASE PUT CLIENT NUMBER ON CHECK FEDERAL i D NUMBER 41-0150277 MINUTES FINANCIAL ADVISORY COMMITTEE APRIL 13, 1994 The Financial Advisory Committee was called to order by Chairperson Bock at 4:05 P.M. in the large conference room. PRESENT: Bock, Stene, Ricci, Sullivan, Bartling, Guddal, Treptow ABSENT: None OTHERS PRESENT: Finance Director Hahn REVIEW OF MARCH 9TH MINUTES The March 9th minutes were reviewed and approved as presented with comments that the committee would like to further discuss the 1994 cancellation and abatement projections. STATE AUDITOR'S REPORT Finance Director Hahn mentioned that the City Council reviewed the report and has formed a subcommittee of three Council members and staff to report back to the Council with their recommendations on the report. The Council also recommended that policies be drafted for travel, salary and benefits and expense reimbursement. At this point the Finance Director was requested to leave the room so that the committee could further discuss the report. The committee was disappointed that the Council had formed a subcommittee for review of this report, but has not contacted them for their assistance, advice or input. The Committee expressed their willingness to assist and felt that this was part of their committee charge. ARTICLES FOR CITY NEWSLETTER Member Bock explained to the Committee that he had drafted an article for the April Newsletter and submitted it to the Communications Coordinator. The Communications Coordinator reviewed the article and explained that it was too lengthy for inclusion as presented. She attempted to reduce the letter down to a size that would fit within the April edition. However, upon review by member Bock, he felt that the reduced version of the letter would not clearly address the points he was trying to make. Member Bock, Communication Coordinator Helen LaFave, and Finance Director Hahn met to discuss other alternatives for Financial Advisory Committee articles. The Communications Coordinator said that the committee could put an article in the Wayzata News free of charge. The estimated cost to add an additional page to the City Newsletter was approximately $1,200. Member Bock indicated he was going to be contacting the City Manager to discuss other alternatives to this situation. MINUTES FINANCIAL ADVISORY COMMITTEE APRIL 13, 1994 PAGE TWO INVESTMENT ADVISOR The Committee felt that the investment policy should first be rewritten to better define the term within the policies such as timely reporting, standards for monitoring of performance, deviations from expectations, etc. The Committee discussed the benefits that could potentially be derived from having an investment advisor oversee the City's investment portfolio, and suggested further review after the investment policy is redrafted. Member Bartling supplied an analysis performed by Resource Trust Company which reviewed the City's current investment portfolio. The Committee suggested that perhaps a representative from Resource Trust Company could attend the next meeting and discuss their review in more detail. Member Bartling will be contacting them and arranging for their attendance at the May meeting. MERGING SERVICES The Committee reviewed and discussed the listing of services currently being shared by the City and those areas for consideration in the future. One additional item suggested for inclusion in the areas for consideration, would be a form of investment pooling. The Committee agreed that a monthly status report on the progress of these additional areas for consideration would be beneficial. NEXT MONTH'S AGENDA The agenda for the May meeting will include the Annual Audit Report, Annual Risk Management Report, Capital Improvement Program, review by Resource Trust Company and discussion of future meeting times. ADJOURNMENT Meeting adjourned at 5:45 P.M. Minutes of the Regular Meeting Board of Education, Independent School District 279 Maple Grove, Minnesota April 19, 1994 MEETING A reception to honor school board members was held on Tuesday, April 19, at 7:00 p.m. in the Board Room of the Educational Service Center. The regular meeting of the Board of Education was then called to order at 7:34 p.m. by Chairperson Clair Coughlin. ROLL CALL The following were present: Board members - Ron Christensen, Clair Coughlin, Lynda Forbes, Russ Funk, Patience Gall, and Rich Krambeer, and the Superintendent of Schools, Marl Ramsey. PLEDGE OF The Pledge of Allegiance was recited. ALLEGIANCE ACCEPTANCE Motion by Mr. Funk, seconded by Mr. Krambeer, to accept the printed OF AGENDA agenda. The motion carried unanimously. ADDITIONS Chairperson Coughlin added an item to the agenda. TO AGENDA OPEN FORUM Mary Cameron, president of the Osseo Paraprofessionals Association, presented certificates and pins to School Board members in appreciation for their service. Vickie Carlson, Maple Grove Junior High School teacher, expressed her concern over the hiring freeze and the budget adjustments for 1994-95, citing the ramifications for the classroom teacher, the students, and the community. Ms. Carlson was thanked for attending the meeting and expressing her concerns. Leon Donaghue, Linda Zahler, Bruce Butler, and Amy Krois addressed the Board in support of the addition of girls' varsity ice hockey. Superintendent Ramsey stated that a committee has made recommendations to the School Board, that girls' ice hockey has been discussed at a School Board work session, and that the item is scheduled for action at a May meeting of the Board. RECOGNITION Superintendent Ramsey expressed appreciation for the service of the OF SCHOOL School Board members. He cited their compassion, expertise, BOARD willingness to listen to differing views, and their keeping the best MEMBERS interests of the children of the district in mind when making decisions. A proclamation from Governor Arne Carlson was read. Certificates were presented on behalf of the district. Patience H. Gall 15 years of service Ron Christensen 14 years of service Clair W. Coughlin 12 years of service Lynda Forbes 2 years of service Russ Funk 1 year of service Rich Krambeer 1 year of service Minutes of the regular meeting, April 19, 1994 (page two) PROCLAMATION Patty Lind, chairperson of the Indian Education Parent Committee, presented a proclamation on behalf of the committee. Motion by Mrs. Forbes, seconded by Mrs. Gall, to adopt the proclamation as presented by Patty Lind, proclaiming May as American Indian Cultural Month. The motion carried unanimously. CONSENT Motion by Mrs. Forbes, seconded by Mr. Christensen, to approve items CALENDAR in the Consent Calendar as follows: inutes of the regular meeting of April 5. 1994. ectronic Wire Transfers (including Investments. Debt Service. an innesota Payroll Withholding) for the month of March, 1994. ;rified Accounts Pavable dated April 19. 1994. ification of Payment of Bills includine Payroll for March. 1994. Licensed Personnel: to acknowledge with appreciation the long-term service of the following employees and to accept their requests for retirement: Karen Brooks, Donald Connors, William Jensen, Janice Knopp and James A. Larson --retirements all effective 6/13/94. To acknowledge with appreciation the long-term service of John Cambronne, and now to accept his resignation, effective 3/24/94. To accept the resignations of Cindy Eldred, effective 3/23/94, Barb Lunde, effective 4/4/94, Peggy O'Neill, effective 4/5/94, and Kathy Overend, effective 6/13/94. To grant child care leaves to Rebecca Fuller, effective 8/29/94 and Jill Heggestad, effective August, 1994; to grant leaves of absence to the following: Beth Bergren-Mann, 1994-95 school year; Gail Dubester-Litt, extended leave 3-5 years; Laurie Dunn, 1994-95 school year; Cheryl Henningsgaard, 1994-95 school year; Nancy Fenna, extended 3-5 year leave; Mark Steinberg, 1994-95 school year, .5 leave of absence for education; Sally Deke, Sabbatical 1994-95 school year; Laura Mens, Sabbatical, 1994-95 school year, and Rachel Veenker, Sabbatical, 1994-95 school year. To acknowledge changes of status for Kathy Rossman and Linda Broberg --both effective August, 1994. To acknowledge as returning from leave the following: Jean Bailey-Nygard, Warren Bolin, Charlynn Christianson, Michael Damyanovich, Lisa Dick, Anne Duncan, Carolyn Gerrity -Fine, Laura Halter, Roberta Johnson, Sandra Knutson, Karen Kreklau, Nancy Leba, Holly Littlefield-Enn ht, Lee Love, Mary Lou Merdan, Lois Meyer, Ann Mock, Cheryll Ostrom, Mary Perrine, Charon Tierney, and Elizabeth Trout --all effective August, 1994. To employ Erica Hubert, effective 4/4/94, Juli Stimson, effective 4/12/94, Mary Peters, effective 4/11/94, and Diane Scholten, effective 4/8/94. Minutes of the regular meeting, April 19, 1994 (page three) CONSENT Nonlicensed Personnel: To acknowledge with appreciation the CALENDAR long-term service of Edith Green and Ardis Puncochar, and now to accept their requests for retirement, effective 6/9/94 and 6/19/94 respectively. To accept the resignation of Michael McGuire, effective 4/15/94; to acknowledge change of status for Pat Branscombe, effective 4/8/94; and to employ John Klinkner, effective 4/4/94, Nancy Knox, effective 4/6/94, Martha Olson, effective 4/4/94, and Dennis Schimmel, effective 4/6/94. Contract for Services by and between Independent School District No. 279 and Rhonda Lund, for a residency on folk tales and mask making at Edinbrook Elementary. Consultant shall be paid a total of $750. Contract for Services by and between Independent School District No. 279 and Cynthia Hechter-Rollin, for a ten-day residency at Orchard Lane. The consultant shall be paid a total of $730. Nonresident Student Attendance Agreements Seconda1y Outgoing 1993-94: Two resident students due to extenuating circumstances. Secondary OutLping 1994-95: Two resident students due to extenuating circumstances. Secondary Incoming 1993-94: One nonresident student due to a request from Hennepin County/State of Minnesota Welfare, and four to finish the school year. Secondary Incoming 1994-95: One nonresident student due to extenuating circumstances. Elementary Outgoing 1993-94: One resident student due to extenuating circumstances, and six to finish the school year. Student Trip for Osseo Senior High Opportunities in Emergency Care (OEC) to Amery, Wisconsin, April 21-25. Convention. Conference and Workshop attendance for Nancy Simon - Trauma Bonds, St. CloudApril 12; Lee Skavanger - Ten Steps to a Learning Organization, Si.tCloud, April 14; Bob Bradshaw - Minnesota Speech and Language Association, Rochester, April 14-16; Laura Wills - National Forensic League District Speech Tournament, Mankato, April 18-19; Mark Pietari and Gary Leafblad - Opportunities in Emergency Care, Amery, Wisconsin, April 21-25; Julie Halverson and Kathleen Nelsen - National Resource Specialists, Santa Barbara, April 25-26; MaryAnn McDonell and Judy Joslyn - Annual Spring Leadership Conference, Brainerd, April 28-29; Janet Schult - Minnesota Kindergarten Association, Bemidji, April 30; Karen Bihrle - International Reading Association, Toronto, May 8-13; Gary Leafblad - Emergency Cardiac Care Update, Richmond, Virginia, May 13-16; Mary Condon - University of Iowa, Iowa City, May 19-22; Lee Skavanger - Strategies for Troubled Youth, Copper Mountain, Colorado, June 27- July 2; Shari Schindele - Center for Research and Learning, Lawrence, Kansas, July 7-9; and Dale Hamilton, Stephan Shelstad, Rich Gladen - Robins Industries Seminar, Dallas, Texas, April 7, 8. Minutes of the regular meeting, April 19, 1994 (page four) CONSENT Agreement for cooperation in a student teaching program for the CALENDAR 1994-95 school year with Luther College, Change Order No. 1 for Carl A. Tonn ticket booth concession stand project, total add of $7,485.00. Change Orders in phone installations a. No. 1, with Vicom, Inc., direct inward dialing for both the Educational Service Center and Park Center/Brooklyn Junior High School, a total ADD of $10,918.14. b. No. 2, with Vicom, Inc., to change paging system at Park Center High School, a DEDUCT of $2,184.80. c. No. 2, with Com -Link Contractors, Inc., for cabling installation at Park Center High School, total ADD of $149.00. Awarding of contract for reroofing of Cedar Island Elementary School to Thomas Finn Company of St. Paul, in the amount of $279,685.00. High School to Waby Construction of Golden Valley, for a base bid of $196,000.00, and to accept Alternate #1 at an ADD of $11,900.00, to accept Alternate #2 at an ADD of $3,750.00 and to accept Alternate #3 at an ADD of $875.00 --for a total contract award of $212,525.00. at Brooklyn Junior High School to Greiner Construction Inc., for a base bid of $808,875, and to accept Alternate #1, the fume hood in Room 108, at an ADD of $1,735 --for a total recommended contract amount of $810,610. Awarding of contract for alterations to Osseo Senior High science rooms to W.H. Cates Construction Company for the base bid of $247,000.00 and to accept Alternate #2, magnetic hold open devices, an ADD of $7,200.00--por a total recommended contract amount of $254,200.00. To reject Alternate #1 to remove some shelving. Also to allow CM Construction to withdraw their bid and have their bond returned. The motion to approve the above items on the Consent Calendar carried unanimously. Minutes of the regular meeting, April 19, 1994 (page five) LONG- Board member Ron Christensen introduced the following TERM Resolution and moved its adoption: SUBSTITUTE TEACHERS TERMINATION OF LONG-TERM SUBSTITUTE TEACHERS BE IT RESOLVED by the School Board of Independent School District 279, that, pursuant to Minnesota Statutes 125.12, Subdivision 3, and 123.35, Subdivision 5, the long-term substitute teaching contracts of Mary Atkinson, Marlene Barton, Alicia Behrendt, Audrey Bentson, Renae Booke, Nancy Brunner, Dawn Caven, Julia Erickson, Jodie Ernston, Lisa Feldick, Shauna Fitzloff, Amy Franke, Rebecca Gorman, Leslie Green, Ann Gresham, Kristine Gustafson, Vicky Hiller, Erica Hubert, Jennifer Hartsworm, William Haynie, Stephen Hoffman, Rachel Jankowski, Beth Johns, Melinda Johnson, Lori O'Neil, Patrick Raum, Sandra Salita, Victoria Schmitz, Diane Scholten, Rachel Shoger, Karen Simkins, Janice Skjolsvik, Susan Spangenberg, Juli Stimson, Margaret Vickerman, Heather Vukelich, Lee Wertheimer, probationary teachers in Independent School District 279, are hereby terminated at the close of the current 1993-94 school year. BE IT FURTHER RESOLVED that written notice be sent to said teachers regarding termination and non -renewal of his/her contract as provided by law, and that said notice shall be in substantially the following form: You are hereby notified that, at a regular meeting of the School Board of Independent School District 279 held on April 19, 1994, a resolution was adopted by a majority roll call vote to terminate your contract effective at the end of the current school year and not to renew your contract for the 1994-95 school year. Said action of the board is taken pursuant to M.S. 125.12, Subdivision 3 and 123.35, Subdivision 5. You may officially request that the School Board give its reasons for the non -renewal of your teaching contract. However, such request should be received within ten days after the receipt of this notice. For your information, however, this action is taken because a teacher is returning from a leave of absence. The motion for the adoption of the foregoing Resolution was duly seconded by Board Member Rich Krambeer. Upon vote being taken thereon, the following voted in favor thereof: Christensen, Coughlin, Forbes, Funk, Gall, and Krambeer; and the following voted against the same: No One; Whereupon said resolution was declared duly passed and adopted. Minutes of the regular meeting, April 19, 1994 (page six) PROBATIONARY Board member Clair Coughlin introduced the following Resolution and TEACHERS moved its adoption: TERMINATION OF PROBATIONARY TEACHERS BE IT RESOLVED by the School Board of Independent School District 279, that, pursuant to Minnesota Statutes 125.12, Subdivision 3, the teaching contract of the following probationary teacher in Independent School District 279 is hereby terminated at the close of the current 1993-94 school year: Wendy Augustin, Susan Bart, Steven Blankenberg, Rosemary Borrink, Patricia Braun, Sharon Brennan, Barbara Burlingame, Victoria Carlson, Susan Carstens, Pamela Clark, Maryann Dalton, Margaret Dolan, Tina Edgar, Betty Evermann, Grant Felton, Luann Fragale, Karen Fuelling, Lisa Gaskill, Janet Goble, Timothy Gunderson, Karen Hammel, Kathryn Hanson, Marie Hauck, Patrick Hobot, Kathleen Hoeschen, Barbara Hole, Sara Johnson, Michelle Jones, Barbara Kurtoglu, Russell Langer, Samuel Lemon, Antanas Levinskas, Debra McIntyre, Martha Micks, Nathan Monseth, Susan Moran, Marlene Mularie, Caroline Mullins, Mark Obarski, Terrance Olson, Deborah Osagiede, Lavonne Pearson, Linda Piersdorf, Kathleen Quinn, Linda Redelsheimer, Kathleen Reppen, Linda S. Richter, Gary Riesgraf, Patricia Ringler, Carol Rowan, Stephanie Satz, Lisa Schrupp, Karin Sherling, Jessie Smelter, Lisa Smelter, Julayne Smith, Julie Spanier, Leann Spike, David Stright, Amy Jo Surges, Jason Tlusty, Brian Vedder, Thane Vennix, Suzanne Weinzierl, Janet Welty, Judith Wesley, Amy Wong, Jacques Youakim, Mary Young, Gerald Zelenak, Nancy Ziemer, Marlene Barton, Michael Finneseth, and Brent Johnson. BE IT FURTHER RESOLVED that written notice be sent to said teacher regarding termination and non -renewal of his/her contract as provided by law, and that said notice shall be in substantially the following form: You are hereby notified that, at a regular meeting of the School Board of Independent School District 279 held on April 19, 1994, a resolution was adopted by a ma.onty roll call vote to terminate your contract effective at the end of t�e current school year and not to renew your contract for the 1994-95 school year. Said action of the board is taken pursuant to M.S. 125.12, Subdivision 3. You may officially request that the School Board give its reasons for the non -renewal of your teaching contract. However, such request should be received within ten days after the receipt of this notice. The motion for the adoption of the foregoing Resolution was duly seconded by Board Member Russ Funk. Upon vote being taken thereon, the following voted in favor thereof: Christensen, Coughlin, Forbes, Funk, Gall, and Krambeer; and the following voted against the same: No one; whereupon said resolution was declared duly passed and adopted. Minutes of the regular meeting, April 19, 1994 (page seven) GRIEVANCE Motion by Mr. Funk, seconded by Mrs. Forbes, to deny a Level III GRADUATION Dr. George Rabehl reported on the work of the committee on Long RULE Range Goal No. 5, Outcome -based Education and the New Graduation Rule. Dr. Rabehl reviewed "Minnesota's Basic Requirements" for graduation and other current components of the rule. He presented recommendations developed by the Goal No. 5 committee as preparatory to implementation of any Graduation Rule in the future. GIFTS TO THE Motion by Mrs. Forbes, seconded by Mr. Christensen, to accept DISTRICT with great appreciation the following gifts to the district: From Cedar Island PTO - 1,000, SEM activities; Edinbrook PTO - $350, wheelchair for health services and $490, camcorder and tripod; Elm Creek PTO - $319.50, Crate amplifier for music programs; Fernbrook PTO - $900, volunteer coordinator salary; Oak View PTO - $375.42, SEM speakers, field trip transportation; Orchard Lane PTA - $2,200, two CD ROM packages; Palmer Lake PTA - $1,105, transportation to Long Lake; Park Brook PTO - $500, volunteer coordinator salary. From Sunny Hollow PTA - $2,389.50, Macintosh color system, $1,105, transportation to Long Lake, and $36.42, "Celebrate Books" Program; Willow Lane PTA - $485.73, media materials; Brooklyn Park Lions - $100, guest speaker at Brooklyn Junior; Maple Grove Junior High Student Council - $200, students to the Young Authors Conference; Osseo Junior High Student Council - $335, hard disk drive; Flower and Hospitality Activity at Osseo Junior - $693, color TV, VHS recorder and wall mount bracket; Tandem Computers Minneapolis Office - $5,000, modular furniture panels and four white boards for North View Junior High; Osseo Area Retired Educators - $400, Myron Johnson scholarship fund; and Honeywell Foundation - $2,500, math and science materials for use in secondary schools. The motion carried unanimously. grievance filed by School Service Employees Local 284 dated December 21, 1993. The motion carried unanimously. FINANCIAL Motion by Mrs. Gall, seconded by Mr. Christensen, to approve the REPORTS following financial reports for March, 1994: a) Fund Balance Report, b) Statement of Revenue, c) Statement of Expenditures, d) Current Investments on Hand, and e) Building Construction Fund Report. The motion carried unanimously. CAPITAL Motion by Mr. Krambeer, seconded by Mr. Christensen, to approve EXPENDITURE the Capital Fund Expenditures Budget for 1994-95 as presented, BUDGET, totaling $5,963,956. The motion carried unanimously. 1994-95 GRADUATION Dr. George Rabehl reported on the work of the committee on Long RULE Range Goal No. 5, Outcome -based Education and the New Graduation Rule. Dr. Rabehl reviewed "Minnesota's Basic Requirements" for graduation and other current components of the rule. He presented recommendations developed by the Goal No. 5 committee as preparatory to implementation of any Graduation Rule in the future. GIFTS TO THE Motion by Mrs. Forbes, seconded by Mr. Christensen, to accept DISTRICT with great appreciation the following gifts to the district: From Cedar Island PTO - 1,000, SEM activities; Edinbrook PTO - $350, wheelchair for health services and $490, camcorder and tripod; Elm Creek PTO - $319.50, Crate amplifier for music programs; Fernbrook PTO - $900, volunteer coordinator salary; Oak View PTO - $375.42, SEM speakers, field trip transportation; Orchard Lane PTA - $2,200, two CD ROM packages; Palmer Lake PTA - $1,105, transportation to Long Lake; Park Brook PTO - $500, volunteer coordinator salary. From Sunny Hollow PTA - $2,389.50, Macintosh color system, $1,105, transportation to Long Lake, and $36.42, "Celebrate Books" Program; Willow Lane PTA - $485.73, media materials; Brooklyn Park Lions - $100, guest speaker at Brooklyn Junior; Maple Grove Junior High Student Council - $200, students to the Young Authors Conference; Osseo Junior High Student Council - $335, hard disk drive; Flower and Hospitality Activity at Osseo Junior - $693, color TV, VHS recorder and wall mount bracket; Tandem Computers Minneapolis Office - $5,000, modular furniture panels and four white boards for North View Junior High; Osseo Area Retired Educators - $400, Myron Johnson scholarship fund; and Honeywell Foundation - $2,500, math and science materials for use in secondary schools. The motion carried unanimously. Minutes of the regular meeting, April 19, 1994 (page eight) SCHOOL Member Patience Gall moved the adoption of the following resolution: BOARD ELECTION RESOLUTION APPOINTING ELECTION JUDGES FOR THE MAY 17, 1994 SCHOOL DISTRICT GENERAL ELECTION BE IT RESOLVED by the School Board of Independent School District No. 279, State of Minnesota, as follows: 1. The following individuals, each of whom is qualified to serve as an election judge, are hereby appointed as judges of election for the school district's general election on May 17, 1994, to act as such at the polling places listed below: Precinct Polling Place 1 Edinbrook Elementary Election Judges Betty White, Chair 8925 Zane Avenue North Shirley Buelow Brooklyn Park Mary Griffin Phyllis Watkins Alice Houchins 2 Crest View Elementary Jacquie Gustafson, Co-chair 8200 Zane Avenue North Joy Harriger, Co-chair Brooklyn Park Charlotte Dmohoski Abby Peterson Hazel Kuecker Jan Olesen 3 Birch Grove Elementary JoAnn Prehatney, Co-chair 4690 Brookdale Drive Patty Buswell, Co-chair Brooklyn Park Jo Walker George Swanson Gertrude Roers MaryLee Settambrino 4 Willow Lane Elementary Bette Moberg, Chair 7020 Perry Avenue North Shirley Sawyer Brooklyn Center Carolea Nord Jim Walker Virginia Johnson 5 Garden City Elementary Kathy Strehlow, Chair 350165th Avenue North Lorraine Halter Brooklyn Center Bev Hovde Doris Chapman Elsa Waggoner Gloria Voeltz Arlene Kemp 6 Park Brook Elementary Arlene Swanson, Chair 7400 Hampshire Avenue No Carol Haugen Brooklyn Park Janice Glass Robert Taubman Helen Strong Marcy Carroll Minutes of the regular meeting, April 19, 1994 (page nine) RESOLUTION Precinct Polling Place 7 Edgewood Elementary 6601 Xylon Avenue North Brooklyn Park 8 Cedar Island Elementary 6777 Hemlock Avenue North Maple Grove 9 Oak View Elementary School 6710 East Fish Lake Road Maple Grove 10 Weaver Lake Elementary School 15900 Weaver Lake Road Maple Grove 11 Rice Lake Elementary 13755 89th Avenue North Maple Grove 12 Fernbrook Elementary 9661 Fernbrook Lane Maple Grove 13 Elm Creek Elementary 9830 Revere Lane North Maple Grove 14 Osseo Elementary 324 6th Avenue N.E. Osseo Election Judges Audrey Hanson, Chair Shirley Small Delores Leet June Varner Althea Isachsen Evelyn Schultz Jean Quinlivan Char Gavic, Chair Doris Flurkey Leona Stadler Lloyd Westerberg Karen Aydt Dorothy Rinkenberger Sarah Busse Linda Gardner, Chair Lorraine Pettis Lydia Westerberg George Halonen Ray Bohac Jean Clifford, Chair Rosemary Calvin Leonard Pettis Joanne Pepin Justine Gould MaryAn Zandaroski Charlotte Mehus Violet Lynde, Chair Dorothy Schoenmann Faye Thillman Joanne Pepin Marilyn Bredenberg, Chair Barbara Pickett Ada Johnson Cleo Topousis Marlys Gease Grace Weber Tanya Turley Darlene Heltemes, Chair Lois Brasted Dorothy Yanta Lorraine Boser Ione Glasmann Joyce Kumma Mae House, Co -Chair Lorna Tonn, Co -Chair Dorothy Young Helene Trombley Wilma Schultz Ruth Zopfi Minutes of the regular meeting, April 19, 1994 (page ten) RESOLUTION The election judges shall act as clerks of election, count the ballots cast and submit them to the school board for canvass in the manner provided for other school district elections. The motion for the adoption of the foregoing resolution was duly seconded by member Russ Funk. Upon vote being taken thereon, the following voted in favor of the foregoing resolution: Christensen, Coughlin, Forbes, Funk, Gall, and Krambeer; and the following voted against said resolution: No one; whereupon said resolution was declared duly passed and adopted. POLICY Policy Committee Member Patience Gall presented two policies for first COMMITTEE reading, namely: Policy 5112, Age of Entrance, and Policy 6410, Instructional Materials Selection, Production and Reevaluation. ANNOUNCE- a. Next regular school board meeting, Tuesday, May 3, 7:30 p.m., MENTS Osseo Elementary School b. School Board Election Day, May 17, 1994, polls open 7:00 a.m. - 8:00 p.m. ANNOUNCE- Appreciation and best wishes were extended to Polly Deane, reporter MENT from the Osseo -Maple Grove Press, who has resigned and accepted a new position. ADJOURNMENT At 9:28 p.m., motion by Mrs. Forbes, seconded by Mr. Krambeer, to adjourn the meeting. The motion carried unanimously. Lynda Forbes, Clerk OFFICIAL PROCEEDINGS OF THE BOARD INDEPENDENT SCHOOL DISTRICT 281, ROBBINSDALE AREA SCHOOLS REGULAR BOARD MEETING, 4148 WINNETKA AVENUE NORTH April 5, 1994 The meeting was called to order at 7:03 p.m. by Keith Moberg, chairperson. ROLL CALL Present: Paula Beugen, John Luzaich, Keith Moberg, Mary Moreira, Beverly O'Connor, Meredythe Rossi and Neil Stein, directors, and James Dahle, superintendent. APPROVAL OF AGENDA Moreira moved approval of the agenda with the Business portion of the Reports of the Superintendent moved to the beginning of the report. The motion was seconded by O'Connor and carried unanimously. RECOGNITION BY THE SUPERINTENDENT Superintendent's Achievement Award The selection committee for the Superintendent's Achievement Award Program selected Pat Steffenhagen as an achievement award recipient. Steffenhagen, Hosterman Middle School head secretary, was nominated for excellent job performance by George Lillquist, HMS principal, and the HMS staff. Lillquist described Steffenhagen's contributions at HMS. Dahle presented the award and congratulated Steffenhagen. In recognition of Governor Arne Carlson's proclamation of April 4-10, 1994, as School Board Member Recognition Week, Dahle presented each board member with a brass apple in appreciation of the board's support and service. CITIZEN PARTICIPATION Patricia Sunders, New Hope, described her daughter's experience while riding a school bus. She expressed frustration with the lack of discipline and stated that she has contacted an attorney. Pam Hanvik, Crystal, Robbinsdale Cooper High School parent advisory group co -chairperson, gave the following reasons for supporting the proposed upgrading of high school athletic fields: upgraded fields will complete the buildings and increase students' ability to participate in events; students have tried to be good neighbors and would be involved in making a smooth School board minutes - April 5, 1994 Page 2 transition for neighbors; students deserve adequate facilities; traffic will not be a significant problem; and having a football field on school grounds is more common than uncommon. Robert O'Hara, RCHS track and ski coach, stated that the district's athletic facilities have grown old and need to be replaced, that the district now depends on six other districts in the Classic Lake Conference to hold track meets and endorsed bringing the district's athletic facilities up to past standards. John Lazar, RCHS parent advisory group co -chairperson, stated that he supports the upgrade of athletic facilities because it is a wise use of land, it is the most cost-effective alternative, and it will make it easy for students to participate. Jennifer Hagel, RCHS student council member and track team member, stated that District 281 students feel the best plan would place fields at both schools. She understands neighbors' concerns but believes that RCHS students deserve a chance. Nels Hinderlie, RCHS student council president and football team member, stated that a field on school grounds would increase school spirit, that community members could use the facility and that lighting issues can be addressed satisfactorily. John Oelfke, RCHS head football/baseball coach, stated that the facility is needed because most schools in the Classic Lake Conference have fields on-site; on-site fields would resolve busing and safety issues; a school-based site would facilitate a state mandate that the district provide the best educational opportunities; and this is an opportunity to build pride in the school. James Frazer, Robbinsdale, RCHS parent, spoke of the need to do what is best for all community residents. He spoke of the value of a community centralized around a high school and stated that it is in the best interest of the Robbinsdale Area Schools community to upgrade both facilities. Rebekah Adams, New Hope, stated concerns about the proposed design. She stated that since an athletic field would be an enticing place for children to play, fencing may be needed, and she is concerned that the fencing required would not fit the character of the neighborhood. She urged the district to look at the character of each neighborhood and work with neighbors on design of the fields. Joseph Inserra, New Hope, urged the district to work and communicate with neighbors on issues related to the proposed athletic facilities. School board minutes - April 5, 1994 Page 3 APPROVAL OF CONSENT AGENDA Stein moved approval of the consent agenda. The motion was seconded by Moreira and carried unanimously. MINUTES OF PREVIOUS MEETINGS Moreira moved approval of the minutes of the March 21, 1994, board meeting with one clarification. The motion was seconded by O'Connor and carried unanimously. PETITIONS AND COMMUNICATIONS The following communications were received: an invitation to a reception Monday, April 18, 1994, honoring students whose works were selected for display at the Hennepin County Government Center; a letter dated March 23, 1994, from Steven Schmidgall urging the board to expand the Focus program; a letter dated March 22, 1994, from Ann Marie Kjelland regarding the new language arts report card at the primary levels, her concern that it gives no indication of the degree of success, her recommendation that a grading system that helps students assess their opportunity for improvement be implemented and her appeal to put the issue before District 281 tax -paying parents; a letter dated March 14, 1994, from Kristi Harris, RAHS parent, who feels that students should be able to play sports activities regardless of their skill level and is concerned about the effect on students' self-esteem of being cut from school sports teams; and a letter dated March 30, 1994, from Dave Baumann, Robbinsdale Cooper High School principal, urging the board to move ahead with the proposed plan for athletic fields at both schools. CLERK'S REPORT Luzaich, clerk of the board, read the schedules of board meetings, other meetings and superintendent's advisory councils. REPORTS OF THE SUPERINTENDENT Business Recommendations for Mielke Field Replacement Facilities The school board was asked to approve the recommendations for replacement facilities for Mielke Field that were presented at the March 21, 1994, board meeting with the additional recommendation that the district work with the cities, their planning departments and neighborhoods to explore plans that meet the needs of the students and address the concerns of the neighborhoods. Luzaich moved approval of the recommendations for Mielke Field replacement facilities contingent upon successful closing of the sale of Mielke Field. The motion was seconded by Stein. School board minutes - April 5, 1994 Page 4 Following discussion regarding alternative sites and plans discussed by the board in the past, a request for a report to the board on the progress of the planning process, information on the proposed completion date of the field and a summary by chairperson Moberg on the sale of Mielke Field, the motion was carried unanimously. Approval of Easement for City of Crystal Jerry Brill, Siegel, Brill, Greupner and Duffy attorney, presented a resolution approving an easement on RHS Resource Center property on the north side of 36th Avenue North as requested by the city of Crystal. Following discussion, Luzaich moved approval of the easement contingent upon the city of Crystal's resolution adoption. The motion was seconded by O'Connor and carried unanimously on a roll -call vote. 1994-95 School Buses Beugen moved approval of the bid American in the net total amount seconded by O'Connor and carried Instruction and Information Information Student Assessment award for school buses to Grande of $408,630. The motion was unanimously. Gwen Martinson, director of special services and collaboration; Barbara Nemer, director of curriculum and media services, Bill Heck, coordinator of math, science and global languages; Jerry Davis, coordinator of vocational curriculum; and Kathleen Adix, curriculum facilitator for language arts and music, presented information on student assessment for the 1993-94 school year. Martinson reviewed the assessment program's vision statement for 1993-98; Nemer reviewed the state of Minnesota's proposed graduation rule; Davis provided an update on District 281's activities as an assessment pilot site; and Nemer presented the first reading of the following resolution: Graduation Rule Resolution - First Reading WHEREAS, the Minnesota Legislature in 1991 passed legislation that directed the State Board of Education to use its rule-making authority to adopt a statewide, results -oriented graduation rule, and WHEREAS, it is essential that schools ensure that all students who receive a diploma possess the basic skills and abilities School board minutes - April 5, 1994 Page 5 necessary to live, work and learn in a changing society, and WHEREAS, the results -oriented graduation rule is to be implemented in the entire state beginning with students entering ninth grade in 1996, and WHEREAS, Independent School District 281, Robbinsdale Area Schools, is one of 13 pilot sites in Minnesota, and WHEREAS, the role of pilot sites is to develop and implement performance assessments and lead the state in implementing the proposed rule, and WHEREAS, Independent School District 281, Robbinsdale Area Schools, is committed to continued involvement as a pilot site, and WHEREAS, District 281 is committed to improving individual student achievement, THEREFORE, BE IT RESOLVED, that the school board of Independent School District 281, Robbinsdale Area Schools, will require all students entering ninth grade in the 1994-95 school year to achieve specific levels of achievement in reading and mathematics to earn a high school diploma; and that the district will continue to implement components of the new rule according to the state's implementation plan for pilot sites. Adix reported on curriculum changes for language arts; Heck reported on a new mathematics program being implemented; Nemer presented a time line for informing ninth grade students and their parents about the graduation rule; and Martinson reviewed District 281's Iowa Tests of Basic Skills results. The board discussed what stage the graduation rule is within the Minnesota Department of Education; concern about the wording of MDE's mission of public schools; the impact of the graduation rule on current course offerings; the need for clear communication with parents; a request for information on time lines and hearings pertaining to the rule so that board members can have input; the need to emphasize District 281's community involvement with the pilot site project; how the rule will raise academic standards and change the way students will learn; and changes in the direction and philosophy of OBE. The board will vote on the district's graduation rule resolution in May and the curriculum committee will report back to the board on time lines and communication to notify students who will enter ninth grade in the 1994-95 school year and their parents; changes in the district's graduation policy; and a pilot -site update. A workshop to discuss issues surrounding the graduation rule has been scheduled for June 13, 1994. School board minutes - April 5, 1994 Page 6 Action New and Revised Policies - Second Reading Moreira moved approval of the second reading of the Employees with Communicable Disease, Students with Communicable Disease and Student Immunization policies. The motion was seconded by Stein and carried unanimously. District 281 Vision Statement Beugen moved approval of the District 281 Vision statement and the Use of Mission Policy with the following change: It is the policy of Independent School District 281, Robbinsdale Area Schools, to consider all pertinent information when making decisions that affect the future of the district. To this end, school board members, administrators, staff members and members of district -established committees will use the district's mission statement, belief statements and vision statement to guide them in the decision-making process. The motion was seconded by Moreira and carried unanimously. Grant Award Luzaich moved approval of a grant in the amount of $40,000 from the Emma B. Howe Memorial Foundation on behalf of the Middle - Level Alternative Program. The motion was seconded by O'Connor and carried unanimously. MOTIONS AND RESOLUTIONS Beugen moved approval of the following resolution; the motion was seconded by Moreira and carried unanimously on a roll -call vote: April 17-23, 1994, has been designated by Governor Carlson as National Volunteer Recognition Week. The school board is asked to adopt the following resolution in recognition of the district's volunteers: WHEREAS, volunteerism is an integral part of our great culture and heritage; and WHEREAS, in Minnesota, more than two million volunteers of all ages annually contribute volunteer service valued at $4.7 billion; and WHEREAS, volunteers make significant contributions to the quality of life in Minnesota and through their efforts help to ensure a brighter future for our state; and School board minutes - April 5, 1994 Page 7 WHEREAS, volunteerism promotes personal, social and intellectual development of young people and prepares them to become involved and responsible citizens; and WHEREAS, individuals and groups volunteering at the local and state levels are making their neighborhoods better places in which to live by providing support to those in need, solving community problems, improving schools, helping people with disabilities, and preserving the environment; and WHEREAS, volunteers are Minnesota's magic, and recognition should be given to our dedicated volunteers who have demonstrated their commitment to the betterment of our communities throughout the year; NOW THEREFORE, BE IT RESOLVED that we, the school board of Independent School District 281, Robbinsdale Area Schools, proclaim April 17-23, 1994, to be VOLUNTEER RECOGNITION WEEK in District 281, and urge all district residents, students and employees to show their appreciation by thanking volunteers in the community. BOARD RAPPORT The board discussed tentative agenda items and dates for future school board meetings. The May 16 or 17, 1994, board meeting will be canceled and there will be a meeting June 22, 1994, instead of June 27, 1994. Dahle stated that he is reviewing current education legislation and will update board members. O'Connor invited board members to a meeting sponsored by the Human Services Redesign Committee on April 22, 1994, from 3-5 p.m. regarding the United Way. She will provide further information to board members. ADJOURNMENT The meeting was adjourned at 9:36 p.m. Respectfully submitted, John/Luzaich, clerk o 'the board d April 18, 1994 Gs K itii�Mberg, &Iiair r son SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 Telephone (612) 553-1144 • Fax (612) 553-9326 MINUTES March 10, 1994 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Fred Moore on Thursday, March 10, 1994, at 12:50 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Mark Maloney, Brooklyn Center; Gary Brown, Brooklyn Park; Anne Norris, Crystal; Gerald Butcher, Maple Grove; Jodi Polzin, Minneapolis; Mark Hanson, New Hope; Dick Fursman, Osseo; Fred Moore, Plymouth; Fran Hagen, Sr., and Maria D'Andrea, Robbinsdale; Dale Claridge, Montgomery Watson; Curt Pearson, attorney; and Judie Anderson, Recording Secretary. Also present: Brian Johnson, McCombs Frank Roos, and Dave Phillips, Phillips Klein Co. I. Minutes. Butcher moved and Maloney seconded a motion to approve the minutes of the February meeting. Motion carried. II. Treasurer's Report. Maloney moved and Fursman seconded a motion to approve the Treasurer's Report. Motion carried. III. Approval of Claims. Hagen moved and Brown seconded a motion to approve claims totaling $10,609.75. The claims were approved by roll call vote: ayes - Maloney, Brown, Norris, Butcher, Polzin, Hanson, Fursman, Moore and Hagen; nays - none. IV. Correspondence. A. The Commissioners reviewed the Communications Log. No action was required. B. The Commissioners received copies of a calendar prepared by Claridge to assist the Commission in its planning efforts. It includes regular meeting dates, project review submittal dates and other important dates and deadlines. C. Prior to the meeting Claridge transmitted a survey form to the Commissioners by which they could provide an update of the status of their local plans and indicate desired goals and objectives. This information will be used in preparing the Commission's 1993 Annual Report. He has received responses from Maple Grove, Plymouth and Robbinsdale. BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE SCWMC Minutes March 10, 1994 page 2 V. Project Reviews. 93-15 Brookdale Chrysler Plymouth, Brooklyn Center. Proposed addition to an existing car dealership located at 6121 Brooklyn Boulevard. A 0.66 acre parcel was added to the existing 4.47 acre site in order make the proposed addition possible. Brookdale Chrysler Plymouth has requested a variance to the Commission's Management Standards for additions to existing developments greater than five acres for land use other than single family detached housing. Brown moved and Fursman seconded a motion to adopt Resolution 93-11 granting a variance to the Commission's Management Standards for the following reasons and subject to the following conditions: Special circumstances or conditions do exist affecting said property such that the strict application of the provisions of these standards and criteria would deprive the applicant of the reasonable use of its land. 2. A variance is necessary for the preservation and enjoyment of a substantial property right of the applicant because the auto dealership is in existence and on- site stormwater ponding would require relocation of light poles and adversely affect the display of vehicles along Brooklyn Boulevard. 3. Granting of the variance will not be detrimental to the public welfare or injurious to adjacent properties. 4. Said property is not located within a 100 -year floodplain and, therefore, the condition relating to a use in the floodplain or within the elevations established for a 100 -year storm is not applicable. 5. Granting of the variance will not be contrary to the intent of taking all reasonable and practical steps to improve water quality within the watershed and the Conditions hereinafter stated will establish all available control measures. 6. The addition provides for accessible facilities to bring the existing building into substantial compliance with the Federal ADA laws as well as the Minnesota Handicap Code. 7. Surrounding neighborhoods are fully developed, thus limiting the opportunity to provide off-site mitigation. 8. Brooklyn Center is in the process of preparing a local water management plan for the City which, among other things, will focus on water quality issues. Potential drainage improvements and stormwater management techniques will be addressed in the local plan to improve the quality of stormwater discharging into Shingle Creek from upstream drainage areas which include the Brookdale Chrysler Plymouth site. SCWMC Minutes March 10, 1994 page 3 9. Two storm sewer sedimentation devices (grit chambers) are proposed to treat runoff from 3.9 acres of the 5.1 acre site prior to discharging to the existing municipal storm sewer system along Brooklyn Boulevard. The two manhole grit chamber treatment system will provide sedimentation and skimming. The drainage improvements as proposed by the applicant will enhance the quality of the stormwater discharges from the site. 10. A variance for the Brookdale Chrysler Plymouth site is approved subject to Brookdale Chrysler Plymouth agreeing with the City of Brooklyn Center that they will proceed with the improvements subject to the following conditions: a. The proposed grit chambers shall be installed at the locations shown on the plans and constructed in accordance with the revised details dated 3-2-94. The structures shall be cleaned out a minimum of two times a year in order to maintain their pollutant removal capabilities. b. Sweeping of paved surfaces shall be done at least twice a year, preferably in the spring after the snow melts and in the fall after leaves have fallen from the trees. C. The City of Brooklyn Center shall enter into an agreement with the applicant to assure that sweeping of paved surfaces and inspection and maintenance of the grit chambers will be performed. Records of sweeping and grit chamber maintenance activities shall be kept by the applicant and submitted annually to the City. d. Low phosphorus or no phosphorus fertilizers shall be used on all grassed areas around the site if such applications are made during the year. Any fertilizer inadvertently deposited on hard surfaces such as parking lots, access roads, street gutters, or sidewalks must be thoroughly cleaned from these surfaces using a backpack blower or broom. e. Variance application letters received and all other supporting information are hereby incorporated in and made a part of this resolution. Motion carried. VI. Wetland Conservation Act. A. LGU Designations. A designation has not been received from Minneapolis. B. Wetland Management Policy. The Commissioners reviewed a section added to the draft policy relating to security for approved wetland replacement projects as prepared by Pearson and Claridge. Brown moved and Butcher seconded a motion to approve the policy incorporating a performance bond SCWMC Minutes March 10, 1994 page 4 or irrevocable letter of credit with the member city to cover 150% of the estimated wetland replacement costs to guarantee the successful completion of the replacement in compliance with the Act. Motion carried. The Commissioners also expressed the need for a recordable document stating that a replacement project is underway. C. The Commissioners received copies of a memo distributed by HCD re public noticing of small impacts. Small impact notices MUST be published in the official newspapers of the LGUs. D. Claridge has also received a memo from BWSR providing guidance and policy addressing questions and issues identified by LGUs administering the permanent rules. BWSR has also scheduled a number of follow-up training sessions for this spring. Claridge will send a summary of the Commission's interim program activity during 1993 to BWSR as requested in their memo. E. Wetland Replacement Notices. None received this month. VII. Water Monitoring Program. A. The Commissioners received copies of the 1993 Final Monthly Billing Summary from Montgomery Watson (MW). B. 1994 Projects. The Commissioners also received copies of a MW memo outlining costs estimates for 1994 projects. Claridge reviewed each of the proposed projects. Moore moved and Butcher seconded a motion to approve the following projects for 1994: Citizen Assisted Lake Monitoring of Bass and Crystal Lakes, $2,500; Bass Lake Water Quality Data Analysis, $4,770; and Crystal Lake Water Quality Data Analysis, $6,180. Motion carried. Claridge will contact D'Andrea to identify the names of individuals to participate in the citizen -assisted monitoring of Crystal Lake. Anderson will circulate an evaluation sheet for the Commissioners to rate the remaining projects outlined in the memo. The Commissioners discussed the possibility of working with the Hennepin Conservation District to create an aquascaping video for distribution to interested lake homeowner groups and presentation on local cable channels using shared funds. Claridge will pursue this with Carolyn Dindorf of HCD. MW and the Commissioners will try to identify some stormwater ponds constructed from past projects reviewed and approved by the Commission for evaluation should Project 4, Basin Inspection Checklist and Maintenance Guidelines, proceed. Brown moved and Maloney seconded a motion to authorize MW to complete Task 1 of that project at a cost of $1,080. Motion carried. Claridge was asked to include a cost line item for recordkeeping and mapping of ponds in the watershed reviewed and approved by the Commission. SCWMC Minutes March 10, 1994 page 5 VIII. Other Business. A. Joint Powers Agreement. The agreement has been signed by all the parties and returned to the Commission office. Executed copies will be circulated to all the member cities. B. Appointments to Commission. Brooklyn Center must post for and appoint a Commissioner and an Alternate for a three year term beginning February 1, 1994. Hagen announced that D'Andrea will be appointed to take his place as Commissioner and he will be appointed as Alternate at the next Robbinsdale City Council meeting. C. Solicitation of Interest Proposals. Interest proposals were solicited in the February 22 issue of the State Register. D. Upcoming Meeting Dates. The May meeting of the Commission has been rescheduled to Thursday, May 5, at Saint Andrews Club. Due to a conflict with the Club, the June meeting was rescheduled to Thursday, June 2. E. Pearson related his conversations with various members of the County Board and other County officials re the roles of joint powers organizations and watershed districts as they pertain to water management and how the two entities differ in their status and empowerment. There being no further business before the Commission, the meeting was adjourned at 2:35 p.m. Respectfully submitted, 1 ' Judie A. Anderson Recording Secretary JAA:tim League of Minnesota Cities Ci ies • • � -_ • r Number 13 s 4� Tax Conference Committee Governor enters the negotiations Gary Carlson Despite early progress by the Tax Conference Committee, negotiations broke down over the past weekend. One of the major unresolved issues is the future of the local government trust fund (LGTF). The original Senate tax bill contained a provision that would sunset the trust fund and replace it with an indexed inflator for local govern- ment aid (LGA). The original House bill maintained the trust fund but none of next biennium's revenue growth was available for city aid increases. The governor has become involved in the tax bill negotiations and his interests have added a third set of priorities to the conference agenda. Although the governor's involvement indicates that the final tax bill may have a better chance of receiving his signature, his priorities have further slowed the progress of the committee. Since it was created in 1991, the League has consistently supported the LGTF. The trust fund was established to be a stable and growing alternative source of revenue for cities. Unfortu- nately, past legislative actions have converted the trust fund into a fiscal shell game. Programs such as property tax targeting, the homeowners' circuit Page 5 - Superfund alternatives April 29, 1994 p�Ge s to a crawl breaker, and the renters' refund have been added to the trust fund. These programs have outpaced Trust Fund revenue growth, leaving no revenue for growth in city LGA or homestead and agricultural credit aid (HACA). Under current law, any shortfall in the trust fund is automatically balanced by cuts in LGA and HACA. Other trust fund programs, including property tax targeting, the homeowners' circuit breaker, and the renters' refund are not affected by these cuts. Late last week, the House confer- ecs tentatively agreed to a two percent increase in LGA for the 1995 aid distribution. Unfortunately, the House version of the trust fund appears to have another sizable deficit by the end of the next biennium. The House provisions would cover this deficit if the shortfall is less than two percent of expected trust fund revenues. How- ever, cities would again face the potential of automatic aid cuts if the shortfall would exceed the two percent threshold. As of Wednesday night, a resolu- tion to the House and Senate tax bill differences did not appear imminent. Conferees met again on Thursday to discuss a resolution. 0 Open meeting law amendments finalized Joel Jantnik Late on Wednesday night, a conference committee meeting on the omnibus data practices bill approved amendments to the open meeting law. Last week the open meeting law language had been amended onto the Page 4 - Road funding revived Landfill cleanup bills move toI Transportation and road funding conference committee. bills get major Diet°" ,a ,il. data practices bill in both the House and Senate floors last week. I erroneously reported in last week's Bulletin that the Senate had already passed its version of the data prac- tices bill. It had not at the time our Bulletin was published. 1 apologize for any confusion. See Open meeting, page h Route to: Cities rally for tax changes A Anoka City Manager Mark Nagel explained cities' position to Representative Charlie Weaver. A Senator Ember Reichgott Junge listened as Robbinsdale ;1 Payor Joy Robb outlined cities' support of the Senate tax bill. April 29, 1994 A Wayne Klinkhamer, President of the Coalition of Greater Minnesota Cities and Mayor of Owatonna, urged city officials to remain united on legislative issues and hold legislators accountable for their votes. officials from across the state rallied in St. Paul on April 21 and coiled on legislators to put together a fair and effective tax bill. Photos by Tim Busse Page 3 Mransportation funding revived, negotiations to begin soon Sarah Hackett The House Ways and Means Committee forwarded a funding bill for roads and transit to the House floor for a vote on Friday, April 29. The bill, H.R3230, authored by Rep. Berme Lieder (DFL -Crookston) would: • Retroactively index the gas tax from 1989 forward, resulting in an increase of approximately 4.4 cents beginning in April, 1995; • Put a constitutional amendment on the 1994 general election ballot to dedicate 40 percent of the motor vehicle excise tax (MVET) proceeds to public transit; • Not impose the indexed sales tax if the constitutional amendment was not passed; and • Put a constitutional amendment on the 1994 general election ballot to undedicate the gas tax for use in the seven -county metropolitan area, allowing local and metropoli- tan decisions on spending for roads, transit, or other transporta- tion purposes. If the House passes the bill, we expect it to be compared in conference committee with the funding bill that the Senate passed, S.F.2097. The Senate bill also includes an indexing of the gas tax back to 1989, several bonding projects, and other policy issues. The major difference between the bills is the funding mechanism they include for transit. The Senate bill would not constitutionally dedicate MVET, but instead would dedicate 23 percent of MVET for transit. This would increase current transit spending by $19 million, but would not meet the requirements of transit advocates for a more secure dedicated source of funding. League policy supports increased funding for both roads and transit, but does not specifically support the constitutional amendment. The sales tax on gas, supported by the policy, has been supported in the House, but is not progressing. A conference committee has already been creates) to discuss transportation funding proposals, and could discuss this issue over the weekend. 0 Road funding bill gets hung with amendments Sarah Hackett As the House floor considered H.F.3011 on Thursday, April 28, a small bill from the Department of Transportation dealing with the municipal state aid (MSA) program became a Christmas tree of special provisions. House members acted on approximately 30 amendments ranging from highways in recreation areas, to the Lac Qui Parle County Historical Museum, to permitting longer recre- ation vehicle combinations. The relation of these issues to the original bill, or each other, began to stretch the imagination. The bill now includes several issues of concern to cities. The bill would: • Create a new MSA formula which would make roads turned back from counties eligible for aid; Page 4 • Allow cities to post lower speed limits on local residential roads; • Conduct a study of the feasibility of financing transportation through a mileage recorder system rather than the gas tax and vehicle registration fees; • Require city bridge inspections to be made at regular intervals not to exceed two years; • Create an advisory council to discuss and advise the Legislature on financing options for major and costly transportation projects (e.g. 1-394 and light rail transit) . • Set a new formula for the distribu- tion of county state aid highway (CSAH) funds; and • Fund noise barriers on several highways and interstates within the metropolitan area. The House did not accept an amendment from Rep. Don Frerichs (IR -Rochester) that would have issued $70 million in trunk highway bonds in 1994 and 1995. This provision is part of the governor's proposal to increase transportation spending without a tax increase. The amendment was ruled not to be "germane" -- the original bill did not deal with transportation funding and, therefore this amendment wasn't pertinent. The Senate will soon be consider- ing its companion bill, S.F.2680 (Langseth, DFL-Glyndon), which could also see numerous special provisions added. Whcn this happens, a conference committee is likely to be called to negotiate differences in the two bills. 0 LMC Cities Bulletin ce Environmental externalities: What are they, should cities care? Joel Jamnik Environmental externalities is really an energy issue --and an expen- sive one. You might not discuss this issue at your local cafe now, but soon you'll hear about it in the newspapers, at the Legislature, and perhaps at council meetings, and eventually at the coffee shop. Most of the electricity we use in our homes and businesses is created by burning fossil fuels. The energy generation process creates, or releases, certain chemicals (environmental externalities) such as sulfur dioxide (SO2), nitrogen oxide (NO.), and carbon dioxide (CO). Alternative energy sources, such as wind energy, do not create these same environmental externalities. The Legislature in 1993 required the Minnesota Public Utilities Commis- sion (PUC), to identify and assign costs to each of these environmental exter- nalities. The goal is to add them to the base cost as an economic incentive for utilities and their customers to pursue alternative or renewable energy sources, which cannot currently compete on the basis of price. While the precise impact of this initiative is not known right now because the PUC process is not complete, what is known is that energy prices will be forced upward. The critics of the initiative raise the following arguments. • Only externalities caused by emissions from fossil fuel genera - tion are being considered while such externalities as loss of migratory birds to wind generation or supply constraints caused by natural gas generation have been ignored. • Numerous federal and state regulations already fully address the environmental impacts of energy generation. • Neither the costs nor the impact of the emissions can be clearly defined or quantified yet. • An estimated initial cost impact of two to four percent annual rate increases will be fully manipulable using the externality concept. Tied up in the greenhouse effect and global warming theories, environ- mental externalities and government imposed "adders" to electric utility rates will hopefully be the subject of broader public discussion. At this time the issue is moving through the PUC and interested parties are urged to participate. The impact on cities will be primarily as purchasers of electricity. Will the potential benefits of quantifi- cation of environmental costs of energy generation be worth the increased prices we will pay for electricity? At this time, our state policy says the benefits will outweigh the costs and we should proceed. If you would like to testify (in writing or personally) to the PUC, or if you want more information on this topic, please contact me. 0 Bill summary Transportation Constitutional dedication of MVET to transit, gas tax indexing H.R3230 (Lieder, Garcia, V. Johnson, Kalis,1. Anderson) (Rules) would put a constitutional amendment on the November ballot that would dedicate 40 percent of the motor vehicle excise tax for public transit. An indexed gas tax would begin on April I, 1996 contingent on passage of this constitutional amendment for transit funding. The annual increase, however, would be limited to one cent growth each year. The bill would also allow gas tax revenues allocated within the metro area to be used for broad transportation purposes. SH (There is no Senate companion to this bill, and its consideration this session is unlikely-) April 29, 1994 Landfill cleanup legislation goes to conference committee Joel Jamnik The House and the Senate have passed their respective versions of the landfill cleanup bill and have sent them to a conference committee to resolve differences. Both bills are in substantially the same form as they were a month ago, and that is precisely the problem. The bills take very different approaches to the same problem. Most significantly for cities and businesses sued under Superfund, the House bill (H.F.3086) does not eliminate third -party lawsuits but rather creates disincentives to sue. The House author, Representative Jean Wagenius (DFL -Minneapolis), is strongly opposed to increased state responsibility for cleanup in the absence of a more certain, well- defined, and stable revenue source such as the hazardous products tax. This stance has placed the League in an awkward position. We fully support Representative Wagenius' position in favor of a products tax and stable funding, but we recognize that the governor and many other state officials do not want to enact a hazardous products tax (and particularly not in this election year session). League support for a landfill cleanup alternative, particularly letters and materials sent by our member city officials and League staff, was referenced on both the House and Senate floors during debate, so our efforts to support passage of some reform has been worthwhile. The conference committee has not yet been appointed, but is expected to meet and resolve the issue over the weekend. 0 Page 5 Open meeting, continued from page I The conferees on the bill were: House McGuire Co -Chair, Skoglund, Macklin, Perlt, Swenson Senate Finn Co -Chair, Merriam, Knutson, Krentz, Piper The bills had many similarities, as indicated in the side by side compari- son table. The table also includes the decision of the conference committee (at (cast as we currently understand it). Conferees spent a significant amount of time deciding whether to put the "applicant data" or "one or more meetings" sections in the bill. Senator Finn (DFL -Cass Lake) strongly insisted that the committee insert the one or more meetings language and delete the authority for a public body to close meetings to screen applicants. Senator Finn promoted these changes even though local government officials indicated a preference for the applicant section and media and Common Cause representative had agreed to a "com- pelled compromise" fashioned by the parties and House Majority Leader Phil Carruthers (DFL -Brooklyn Center) House author of the bill. Unfortunately perhaps, the focus on these sections detracted from discussions on allowing attorney fees to be awarded in open meeting law cases where intentional violations occur. We will provide in-depth coverage of all sections of this new law at our legislative review sessions in May. The League would like to thank Representatives McGuire, Swenson, and Perlt, and particularly Senator Krenrr., who throughout the meetings displayed an understanding and sympathy for the difficulties local officials face in attempting to comply with contradictory state laws. The conference committee still has to reconcile differences between the House and Senate on particular data practices act amendments, including issues like recreational data and civil investigative data, but Wednesday night's action resolves most of the League's concems with the bill. 0 House Senate Conference Report None. Specifies that not public data may not Not yet known, but be discussed at an open meeting as probably will insert provided in Minn. Stat. 471.705, subd. Senate language Id. (similar section for (noncontroversial). private/confidential data). Prohibits hospital district boards Same. In final bill. from discussing at closed meetings hoed issues or other expenditures not directly related to certain marketing activities and contracts. Removes obsolete commissioner Same. Reinstates stricken of corrections language from open language, will not be meeting law. In final bill. Clarifies labor negotiation section. Same. In final bill. Clarifies agenda materials section. Same. In final bill. Specifies that open meeting law Same. In final bill notice provisions supersede any other statutory notice requirement for a special meeting that is an emergency. Changes the willful and deliberate Same. In final bill. standard for notice to an intentional standard. Allows meeting closure to discuss None Senate side prevailed. applicants until finalises are language will not be determined. in the final bill. Strikes requirement that during a Maintains requirement but slightly House side prevailed. public meeting, the governing limits it by removing malice language. Will be in final bill. body try to refer to "not public data' by code, removes language which limited immunity only if dissemination was made without malice. None. Allows multiple preliminary meetings Senate side prevailed. to discuss employee discipline. Will be in final bill. Increases the penalty for violations Same, but adds language limiting Senate side prevailed. from $100 to $300, specifies that a forfeiture provisions to person found to Will be in final bill. public body is not permitted to pay have intentionally violated the act in the penalty on behalf of the three or more actions. member. Specifies fine may not be paid by Same. In final bill. public body. Authorizes costs and fees to "any Modifies office forfeiture standard to Senate language will party" up to $7,5(x), authorizes intentional violation, reasonable fees be in final bill hul the public holy by seperale notion to allowed to $15AX1, may Ix paid by fee is Capped at pay cosWfecs, or direct its insurer governing body (nu limit un $I3,(Kxb. to pay, unless the court finds that discretion). the member was guilty of malfeasance in office, willful neglect of duty, or bad faith. Provides that no monetary Slightly different burden of prof, Senate side prevailed. penalties may be imposed, or costs specifies no fines or fees may be Will he in final bill. awarded to a plaintiff, if the imposed unless the court finds specific defendant establishes that there intent to violate the law. was no specific intent to violate the open meeting law. Specifies increased fines or Same. In final bill. attoney fees awards apply only to actions occuring on or after August I, 1994. Page 6 LMC Cities Bulletin 9 r. Modified audit requirements for small cities and towns Sarah Hackett Smaller cities and towns will likely have an opportunity to save money if a state mandate is modified. A bill that would reduce the fre- quency of required audits for small cities is now awaiting the governor's signature. April 29, 1994 S.F.1712, as revised in a confer- ence committee, would only affect cities and towns with a combined office of clerk and treasurer, and with annual revenue of $100,000 or less (for cities, this includes all governmental and enterprise funds). A compromise was reached by the authors of this bill, Sen. Dean E. Johnson (IR- Willmar) and Rep. Roger Cooper (DFL -Bird Island), to require these cities and towns to have an audit at least once every five years. The audit could be conducted by either the state auditor's staff or by a public accoun- tant. Currently all cities and towns with this combined staff position must have annual audils. 0 Page 7 Peace officer standards of --- - --- -- conduct and useof force: Sales scams on POST Board sets tentative tl Ve t he u ' pswing meetings Joel Jantnik Several member cities have JoelJamnik recently received janitorial supplies which they did not order, Last week we reported on the Board's Peace Officers Standards and Training (POST) followed shortly thereafter with an invoice or bill. Not surprisingly, recent notice considering officer standards of conduct possible rule amendments governing peace the prices charged were inflated and use of force training, among others (Bulletin 12, page 4), over what can otherwise be obtained locally. The POST Board has plans for eight preliminary meetings. They are only proposed at this time and Under state and federal law, if may be cancelled or rescheduled. Please call POST at (612) 643-3060 for further information. 0 your city receives unsolicited goods, the city may either refuse POST Board preliminary _ meeting dates, places, and S to accept them or receive them as an unconditional gift and do July 7, 1994 whatever they would like with Brooklyn Park them. The city is not generally July 13, 1994 1:00 p.m. - 4:00 p.m. Thief River Falls obligated to return the goods to the sender or pay for them. July 14, 1994 9:00 a.m. -noon Virginia Moreover, soliciting payment for 1:00 p.m. - 4:00 p.m. goods not ordered is an unlawful August 10, 1994 Marshall trade practice. August 11, 1994 90) a.m. - noon Rochester In our conversation with the state attorney general's office, August 18, 1994 9:00 a.m. - noon Eagan staff indicated that these types of sales practices seem to run in August 23, 1994 9:00 a.m. - noon Brainerd cycles, similar to pyramid schemes, and currently August 24, 1994 1:00 p.m. - 4:00 p.m. Fergus Falls are on the rise. September 20, 1994 2:00 p.m. - 5:00 p.m. Standards Committee meeting The League urges city officials to be cautious if or when presentation of findings to cmmittee draft they receive these sales calls or mailings. September 29, 1994 proposal for rules Standards Committee Meeting If your city has experience approval of draft rules with recent unsolicited sales or -- September 30, 1994 recommendation for Board POST Board Meeting other sales scams, please contact me at the League. 0 Modified audit requirements for small cities and towns Sarah Hackett Smaller cities and towns will likely have an opportunity to save money if a state mandate is modified. A bill that would reduce the fre- quency of required audits for small cities is now awaiting the governor's signature. April 29, 1994 S.F.1712, as revised in a confer- ence committee, would only affect cities and towns with a combined office of clerk and treasurer, and with annual revenue of $100,000 or less (for cities, this includes all governmental and enterprise funds). A compromise was reached by the authors of this bill, Sen. Dean E. Johnson (IR- Willmar) and Rep. Roger Cooper (DFL -Bird Island), to require these cities and towns to have an audit at least once every five years. The audit could be conducted by either the state auditor's staff or by a public accoun- tant. Currently all cities and towns with this combined staff position must have annual audils. 0 Page 7 League creates new policy committees— Seeks members to serve on intergovernmental relations panels Would you I ike to be a part of r--------------------� the League's effort to revitalize its I I intergovernmental relations pro- I Policy committee form gram? If so, volunteer now to serve for a two-year term on one of the I I League's intergovernmental rela- I Please rank your preference from 1 (first) to 4 (last) I tions policy committees. I I As a member you will be I I would like to serve a two-year term on (use rating I volunteering to: I to indicate preference): I • Attend the two or three princi- pal meetings of your policy I Because of issues relating to the balance of larger/ I committee each year (in July, I smaller, metro/Greater Minnesota, and elected/ August, and September); • Be eligible to serve on a task I appointed, we may not be able to give you your first I I force of that policy committee. Choice. I I Task forces will examine a I specific major city problem in I O Improving Local Economies detail and propose a variety of I ll Improving City Service Delivery solutions which Congress and/ I I or the Legislature could enact I O Improving the Fiscal Future of Cities I to help solve the problem; I 0 Improving Community Life • Attend the League's annual I policy adoption conference on I Name: I November 18 of 1994 and in I I 1995; and I Title: • Help enact the policies and I I priorities of your committee I during the 1995-96 state I Address: I legislative session and session I I of Congress. I City/Zip: I Here are the four redesigned I I intergovernmental relations policy I Home phone: Work phone: committees which will deal with both state and federal issues. ( Fax: I • Improving Local Economies I I • Improving the Fiscal Future of I Return by June 10 to: Duke Addicks, Director of I Cities • Improving City Service I Intergovernmental Relations, League of Minnesota I I Delivery Cities, 3490 Lexington Avenue North, St. Paul, MN I g I • Improving Community Life 0 I 55126. I I I I I I I L -----------------------J Page 8 LMC Cities Bulletin What topics should the committees study? ------------------------ Topics, problems, issues LMC intergovernmental relations committees should study I I I I/we believe that in developing its policies for the I I I 1995-1996 legislative and congressional sessions, I I these are some of the issues the League of Minnesota I Cities intergovernmental relations committees should I I study: I I I I I I I I I I I I I I I I I/we understand that all of the suggestions from all I I city officials will be presented at the annual meeting I I of the League of Minnesota Cities in June of 1994 I I and that at the annual business meeting on Thursday, I June 9 at 3:45 p.m. the member cities present will I I rate the importance of all suggestions submitted. I I I I Submitted by I I I I Name I I I jTitle I ! I I City I I I I on my own behalf I I on behalf of the city council I I I I Return by June 1 to: Duke Addicks, Director of I Intergovernmental Relations, League of Minnesota I I Cities, 3490 Lexington Avenue North, St. Paul, MN I 55126. I I I L ------------------------I April 29, 1994 As part of the League's re- newed effort to revitalize its intergovernmental relations activi- ties we are encouraging you or your city to send to the League by June 1 suggestions for topics, problems, or issues, that the League's policy committees should consider in developing policies for 1995-1996 sessions for the Legislature and Congress. All city officials can participate, either individually or by council resolution. At the business meeting of the League's Annual Conference in June, cities will determine which of the topics, issues, and problems should receive the highest priority in preparing policies for the Legis- lature and Congress. We would like to receive your suggestions. We will present all suggestions to the membership at the annual meeting Thursday, June 7. The member cities present will then rate the importance of each issue. This rating will direct the League's Board of Directors in its allocation of fiscal resources and staff effort during the 1995-1996 session of the Legislature and Congress. Please complete the form and return it to us as soon as possible but no later than June 1.0 Page 9 11-aining/awards Training Loss Control Workshops League of Minnesota Cities Insurance Trust May 4—Marshall May 5—Austin Lynda Woulfe or Ellen Longfellow: (612) 490-5600 The Evolving Workplace: Exploring Changes in Workplace Culture Twin City Arca Labor Management Council May 4— Minnealwlis (612) 624-5218 Environmental Programs International City/County Manage- ment Association May 4—Atlanta, GA June 14 --Chicago, IL July 21 and 22—Kansas City, KS September 8—San Francisco, CA Barbara Schwartz: (202) 962-3539 Minnesota Safety & Health Conference Minnesota Safety Council May 4-6—Minneapolis (612) 291-9150 or 1-800-4449150 1994 Minnesota Conference on Volunteerism—Inspire Community Involvement: Dreams into Action The Association for Volunteer Administration, The Upper Midwest Association of Volunteer Centers, The Minnesota Association of Volunteer Directors, The Minnesota Office on Volunteer Services, The Minnesota Department of Human Services May 5-6—Minneapolis Metro: (612) 296-4371 Non -metro: 1-800-'234-6687 Microcomputer and Information Technology Conference Minnesota sociciy of CPAs Mac 5 111inneapolk (612) 831-2707 Page 10 Springsted training scholarship available to local officials The League of Minnesota Cities encourages local officials to apply for the Springsted training scholarship which provides funds to local government officials to cover the cost of training that will help them in their positions. For more information call Sharon Klumpp at (612) 490-56W.0 Play it Safe: Creating a Safe Playground Environment Minnesota Safety Council May 6—Minneapolis Convention Center (612) 291-9150 North-West Metro Safe Kids Safety Fair Minnesota Safety Council May 7—North Memorial Medical Center (612) 520-5683 Effective Negotiation Seminar Minnesota Office of Dispute Resolution May 10-11 September 13-14 November 16-17 Roger Williams: (612) 296-2633 TDD Metro: (612) 297-5353 TDD Non -metro: 1-800-627-3529 Preventive Maintenance Workshop Professional Development and Conference Services, U of M May 10—Grand Rapids May Il—Alexandria May 12—Marshall (612)625-6689 Safe Kids: Alive in 2(N)5 The First Minnesota Childhood Injury Summit Minnesota Safety Council May 12—Eden Prairie City Center (61; I--! I I E League of Minnesota Cities W i UJ .J April 29, 1994 League of Minnesota Cities Legislative Review Sessions Four Legislative Review Sessions are scheduled for the week of May 23 in Bemidji, St. Cloud, Mankato, and Burnsville. Briefings on which legislation passed, which didn't, and some of the whys, will begin at 9:00 a.m., resume after lunch, and conclude at 3:00 p. M. New enactments will impact many city decisions this year. City budgets, the ability of cities to strengthen their local economies, and the ability of cities to improve service delivery are all affected by these new laws. All city officials who have been or want to be involved in the Policy adoption and implementation process of the League will be especially interested in this program. The new policy committees will focus on what the Legislature should do in the future to help cities, not on what they did or didn't do this session. Meeting locations: May 23 Bemidji Holiday Inn Highway 2 West May 24 St. Cloud Kelly Inn (formerly Sunwood Inn) Highway 23 & 4th Avenue South May 25 Mankato Best Western Garden Inn Highway 169 & Webster May 26 Burnsville Holiday Inn 135E & 135W Exit County Road 42 off 135E The program will begin at 9:00 a.m, and conclude at 3:00 p.m. ------------------------ League of Minnesota Cities Legislative Review Session I wish to register for the following session: Bemidji St. Cloud Mankato Name Title Address City — Phone ( Burnsville Registration fee includes materials and lunch Advance - $25 On-site - $30 Mail registrations to LMC Review Registration, 3490 l,nxington Avenue North, Sc MN 55126 Paul. 11 The Communicator Volume 10, Issue 4 Newsletter for District 279 KEY COMMUNICATORS APRIL, 1994 As you might guess, last edition's "Disperse the Diverse" generated most of our comment. We will deal with East/West differences once more, and then next issue, get on with other things. Your comments fell on both sides of the issue. I think we all agree on what the issue is: In our district we have concentrations of children who are "at -risk" because of an array of socioeconomic disadvantages. The concentrations are in certain areas of Brooklyn Center and Brooklyn Park. A letter writer, commenting on boundary changes, stated that it was time for the district office to make the decisions about boundaries and "Disperse some of this throughout the district." My response to this letter generated your response. I'll begin with two letters from our staff, one from an elementary principal of a school in the "at -risk" area, and the first one, 1 suspect, also from a staff member in a similar assignment. Most of my response will be to the first letter, and after that, Key Communicators will do the talking. "Bad companions" notwithstanding, I don't believe the writer of the "disperse the diverse" letter to the Communicator last month was disparaging the presence of diversity. He/she was simply appealing to heightened awareness and a need for action regarding the multiple-needslhigh needs students that are so strongly represented in our eastern district schools. This concentration is hard on staff. It's hard on kids, too, unless resources are apportioned relative to the intensity and quantity of needs presenting. Your line of logic, which attached a subtext of low expectations for diverse students to the letter, takes a large leap from what 1 read into the letter's intent. The letter,, - also contained no subtext of stereotyping students, contrary to your Z g characterization. Quite simply, socioeconomic disadvantages do put children a for all kinds of pathologies - including school failure. Social and educattona m , research is definitive on this correlation. The writer intended no endorseme ' avoidance of those who are poor and different from us. Rather, the writer encouraged all district schools to enroll a proportionate representation of t s students, rather than the current disproportionate skew... ` 1985 GOLDEN ACHIEVEMENT AWARD WINNER SCHOOL o BELL �p�'9lj�o 1985 �f�flJf Merit Award Winner el NPRA 1993 AWARD OF EXCELLENCE IN WRITING Com, District C� 10 0:;o 11OSSEO AREA SCHOOLS ...We can't assume that people are talking about bad companions or stereotyping when they raise this issue. We must allow that we're each talking from our experiences. If suggestions seem reactive, perhaps it's because folks sense a crisis looming around this issue. Defensive posturing to support existing organizational structures won't work for our kids or our staff anymore. We need to meet to problem -solve the best ways to address the continuum of needs of all of our students This letter raises a number of issues about the socioeconomic correlations to risk, the negative reaction that several voiced to my response to the letter and seeks dialogue for the district. In order to be clear, I will identify the paragraphs/statements in the letter to which I am responding. So, let's begin with the first paragraph. Perhaps my analogy of the bad companion was too strong for some. As I was growing up, I often wondered what those third graders thought when they learned that they were "bad companions." In the same manner, I tried to move the readers put themselves in the shoes of the students and parents of students who are identified in the "disperse the diverse" letter. Would they feel good about what this person was saying about "them," as in "Disperse some of this throughout the district?" Would they feel welcome in that school? Is that letter sensitive to the feelings of real children and real parents in our district? No one and certainly not this editor, is disputing -the need for more resources where the need is greater. More of that later. Nor do we dispute the statement as made by of our writer that there is a huge correlation between low socioeconomic status and a wide variety of risks. Our writer refers to these issues in all three paragraphs. In the second paragraph the letter writer says that I attached low expectations for diverse students and disagreed with me about the stereotyping nature of the writing. Notice, that I said writing. Whatever the person's personal position, there are messages in the writing. I asked three questions about the tone of the "disperse the diverse" letter. No one responded to those questions. I asked, "does this writer tend to paint a single picture, and ignore the accomplishments of thousands of our children who ... learn to read, sing, write, act in plays, go to parties, win scholarships... I was referring to the very students we are talking about, and rather than attaching low expectations, I was pointing out accomplishment and my own personal high expectation. Our "disperse the diverse" letter said, "The parents and staff at some east schools are burned out dealing with day-to-day major problems associated with high percentages of low-income students... Help our teachers and staff. Disperse some of this throughout the district. Without knowing the intent of the writer, I can only judge the words. Let me ask some more questions: Are all problems generated by a certain group of people? Don't middle and upper class students generate problems too? Aren't some of the disadvantaged good students and not a problem? What am I to make of complaints of "burnout" from staffs whose students don't bear the socioeconomic disadvantages of those in this discussion? Maybe the litmus test of this discussion would be to take the "disperse" letter to the parents and students being` discussed and see if they feel good about the statements. No matter what our experiences, we must begin to put ourselves in others' shoes when we talk about them. Nothing, I have heard has changed my opinion about the tone of the "disperse" letter. Before I write such a response, I check my interpretation with others. All read the letter as I did. . ,-- A A� " Before we move on, I'd like to respond to the statement, "Defensive posturing to support existing organizational structures won't work for our kids or our staff anymore." This writer also urged that "resources are apportioned relative to the intensity ... of needs..." The "organization" is certainly not unaware of the differentiated needs. Our low funding has prohibited as much reapportioning as many would like, but there has been some. Eastern schools comprise about 9000 of our 20,600 students. Our "at risk" money falls in three categories: special staffing of 9.5 positions at $290,000, all assigned to eastern schools; Chapter 1 and Assurance of Mastery (AOM). In the last two categories about $850,000 is assigned to the eastern schools and $186,000 to the western. On Tuesday, April 12, the school board discussed additional ways to bring more resources to the areas of need. _Additionally, the district, for the first time in its history, has introduced, through our local legislators, bills specifically designed to provide for our special needs. If successful, this funding would bring several million "at -risk" dollars. It's too early to know the outcome in the legislature. Our local representatives have been very supportive. Minneapolis, St. Paul and Duluth get tens of millions of dollars in support of special risk. It's proven very hard to convince legislators that similar needs exist in the suburbs. Our incidents of "at risk" factors are much higher than Duluth, for example. Much of the talk here and elsewhere about "dispersing the diverse" may ignore the wishes of those we would disperse. Here are several more considerations. Those in power, I believe, must be careful about making "decisions" for other people. Most people have moved to an address for reasons, not the least of which are the proximity to schools, relatives, acquaintances, and other conveniences for their families. They have strong feelings about "dispersal." Community workers who program for disadvantaged people are adamant that they want to work with their clients in the schools and homes of their neighborhoods. Additionally, there is the perspective of minority families who do not want to move to an all -or nearly all -white school. A black mother told me that she didn't feel that her daughter had the type of personality to be a "James Meredith" in District 279. (Meredith was the first Black to enroll in the University of Mississippi in 1961. It wasn't a popular move in those parts.) After all that, we're back to the beginning, "disperse the diverse," and in the context of the original letter, do it through boundary changes. Perhaps I should have made a much stronger statement about this in the last newsletter. I will make it now. There is no significant solution to our concentrations of socioeconomic disadvantaged to be found in this boundary chane process. Our populations are so concentrated that only a systematic program of forced busing could solve the problem, and the burden of that would fall almost totally on the backs of the disadvantaged. Not everyone thinks that dispersal is the solution. See the next letter from an elementary principal in our district. In relation to an article in last month's Communicator. Please be aware that the writer was not speaking for all the schools on the east side. Rather than place blame, we need to examine what we can do to initiate change. As educators, we have a choice. We can wallow in self-pity and blame poverty or we can start to do something about it. By "dispersing the diversity" we bury the problem and give it to someone else. It's time this district admit there is a difference between east and west. On the east side we need additional support to increase resiliency and assets fur children. Staff needs planning time, and children and families need support services. "Il takes an entire village to educate a child." As a district, let's recognize this and then offer support. It won't come by placing blame or denying the needs of our schools. C Please don't let our children down. Dividing and conquering won't work. Let's join together to address the concerns. What if District 279 was a real community where everybody's problem belonged to everybody." I feel the citizen commenting on the racial and socioeconomic differences between the west and east was given bad press. The response triggered by Bill Dix was filled with his internal unsightfulness. Too much was read into the original letter ...I'm concerned with how many times letters are "dissected" and Bill's comments are given supreme power. (The comment about Wayzata Schools also was a poor attempt at humor). The writer is mostly correct, editors do have nearly supreme power. 1 have apologized to my Wayzata confrere, Mary Powell, who was already aware of my poor attempts at humor. We need to get this village working together. Many of our Key Communicators are pastors of our local churches; this response is from one of them. "I loved the way you responded to questions in the last newsletter, especially "Disperse the Diverse" and the last one (newsletter) on student behavior in the community. I think your emphasis on community is life-giving and productive. As the African saying goes, 'It takes an entire village to raise a child." Magnet Schools in Minneapolis and St. Paul "Quality school studies in Minneapolis show many families want to return to neighborhood schools - something is lost when students are bused too far and neighborhoods are not held together with a neighborhood school. Also, many families (particularly low income) do not have transportation and therefore have a difficult time getting to school for conferences, open houses and family nights. The Minneapolis Schools also engage in an unhealthy competition for "top" families. Schools with a higher percentage of students living in poverty, single parent homes, etc. need the necessary resources to meet the multiple needs of these students." In District 279, some parents without transportation ride the school bus with their children so that they may volunteer at the school. And finally... Another writer agreed with my assessment of the "disperse" letter, and added, "First off, the implication that only low income kids create problems might raise the eyebrows of a few attorneys as well." The writer then introduced some concepts about student discipline that we will take up next issue. This has been a long discussion, and, I feel, will not be the last. Let's close for now. Those of you who wrote about other subjects will have your issues covered in the next "Key" that will follow soon. Our question for this time relates to identifying our writers. Some identify themselves and others don't. Current Key rules do not require identity, despite the fact that it might be better practice to require it. There are some options on your card, and as always room for comment. Published by ISD 279 (Osseo Area Schools), Educational Service Center, 11200 93rd Ave. N., Maple Grove, MN 55369-6605. Bill Dix, Editor, Kathy Elert, Editorial Secretary. BOARD OF EDUCATION Clair W. Coughlin, Chairperson Patience H. Gall, Vice Chairperson Lynda Forbes, Clerk Ron Christensen, Treasurer Russ Funk, Director Rich Krambeer, Director Dr. Marl Ramsey Superintendent of Schools Educational Service Center ISD 279 - Osseo Area Schools 11200 93rd Avenue North Maple Grove, MN 55369-6605 Nonprofit Org. U.S. Postage PAID Permit No. 3 Osseo, Minnesota BERGMANP MR KIM MAYOR CITY Of PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH. MN 55447 T /71! <'a rq fiI- r'l OA Published Quarterly by the Hennepin Conservation District April 1994 Volume 5 Number 2 Students Learn Valuable Lessons Using the Wetlands Kit The Wetlands Learning Kit, which was donated to the HCD from the Maple Grove Lions Club last year, has received use from several area schools and groups. The kit which consists of 10 learning stations with hands-on activities and visuals is cur- rently booked through the end of the school year. About 13 schools or scouting organizations will have used the kit by mid June. Each school uses the kit with multiple classrooms. An estimated 1200- 1500 students have benefited from the lessons learned about the value of wetlands as a part of our environ- ment. In addition to the loan program, HCD staff has used the kit in several presentations. The kit was used by HCD Limnologist Carolyn Dindorf at the annual Fish Fair which has an attendance of over 2000. Children and adults were fascinated by the various models that are part of the kit. Ms. Dindorf also used the kit recently to teach 120 students about wetlands. The effectiveness of the visuals used in the wetlands kit was obvious when the students were asked questions about topics taught using the kit. If you know of a school or group in Hennepin County interested in borrowing the kit, please call HCD at 544-8572. Ngo Ground Water Model of Hennepin County HCD has begun a cooperative project with the Minnesota Department of Health (MDH) to develop a ground water flow model for Hennepin County. A ground water flow model is a tool that predicts the directions, velocities, and quantities of ground water flowing within an aquifer. The model is needed to more accurately delineate wellheadprotection areas, evaluate the available supply, and implement effective ground water protection programs. Knowledgeable decisions by local governments and state agencies require modeling results that reason- ably reflect actual ground water movement. Unfortu- nately, ground water flow patterns cannot be measured directly. They must be estimated with models that are calibrated to a relatively few number of observation wells. A sophisticated model of Hennepin County aquifers is needed because the geology is complex, there are variations in seasonal ground water flow, and pumping conditions are transient. A model of ground water flow considers aquifer characteristics, geology, precipitation, effects of pump- ing wells, and the interactions between surface water and ground water. HCD and MDH hydrogeologists are constructing the model with information gathered forthe Hennepin County Geologic Atlas, surface water elevations, stream gage and precipitation records, and data from the HCD observation well network. Data about the geology, wells, and pumping rates have been incorporated into the HCD geographic information system (U1tiMap). HCD will use U1tiMap to add geographic elements needed for the computer model- ing program. Modeling results will be displayed on the computer, which will allow a user to see ground water flow patterns in relation to the parcel map of the county and locations of potential contaminant sources. Model continued on Hennepin County Ground Water Plan The Minnesota Board of Water and Soil Re- sources approved the Hennepin County Ground Water Plan on 23 March, 1994. The ground water plan is a guide for local governments in using their existing authority and local knowledge to protect ground water resources. The plan also serves as a mechanism by which the County can supply techni- cal assistance through HCD to cities for compliance with new state wellhead protection regulations. The plan will help cities 1) understand areas significant to ground water such as sensitive geo- logic areas and wellhead protection areas; 2) iden- tify potential contaminant sources; 3) rank those sources according to the risk they, present; and 4) manage potential sources according to risk and available resources. HCD hydrogeologists will pro- vide information and technical services to help cities with each of these steps. Technical assistance in- cludes preliminary inventories of potential contami- nant sources and abandoned wells, delineations of wellhead protection areas, and a methodology for ranking the risk of potential sources. The District will also assist in formulation of wellhead protection plans. During the lengthy review process, HCD made many significant changes to the plan to accomodate comments made by local governments. Only minor changes were needed to address comments by the Metropolitan Council and state agencies. The Board of Hennepin County Commissioners has 120 days from the date of approval to formally adopt the ground water plan. After adoption by the County, copies of the approved and adopted plan will be distributed to all cities, watershed districts, and watershed management organizations in the county. Questions concerning the ground water plan, wellhead delineation and contaminant source inven- tories should be directed to hydrogeologist James Piegat (544-8572). Ngo MA Arbor Da /Month" and Earth Day R° uA, viG Arbor Day will be cel-:::: .s..a•• may:: ebrated as usual on the last1:, 4>P '} .} Friday in April, April 29, in Minnesota. Arbor Month is cel- ebrated during the entire month of May and Earth Day falls on April 22. On Saturday May 7 the metro region celebration combining Arbor Day and Earth Day themes will be held at Richfield's Wood Lake Nature Center. Richfield Mayor Martin Kirsch will host the tree planting cer- emony, which will be followed by a Re -usable Bag Lunch Concert and Endangered Species Walk (with kids as animals). For more information concerning the celebration contact Karen Shanberg at (612) 861-9365. If you have any questions concerning the 1994 Earth Day and Arbor Day/Month planting, call the Minnesota Forestry Association office at 290-6266. For any general questions you may have concern- ing Arbor Day, Earth Day or Soil and Water Steward- ship Week, which will be observed from April 24 -May 1, contact David Thill at the Hennepin Conservation District ( 544-8572). Ngo Model continued from page 1 The first application of the ground water model will be delineation of wellhead protection areas re- quired by MDH and the Hennepin County Ground Water Plan. Delineation of wellhead protection areas will be made available to all cities within the County at no cost to the city. The technology and assistance available from HCD will satisfy all anticipated regula- tory requirements. Pilot projects for wellhead delinea- tion will be conducted this summer in cooperation with the cities of Eden Prairie and Minnetonka. Questions concerning the county ground water model should be directed to hydrogeologist James Piegat (544-8572). Myo No -Till Drill Program The Hennepin Conservation District (HCD) is once again providing a no -till drill for use by land- owners in Hennepin County this spring. The best time to drill grasses and legumes in the spring is from April 15 to May 15. The best time to drill prairie grasses is from May 15 to June 15. Some of the benefits that are realized by the use of this drill include the ability to renovate pastures without having to plow them, interseeding poor stands, planting native grasses forprairie restoration projects and seeding conservation easement prop- erty, or other set-aside programs. By drilling seed with a no -till drill the land- owner will be controlling soil erosion, runoff of pesticides and fertilizers, and increasing forage value of pasture land at a low cost. The drill has three seed boxes; one for warm season grasses, a legume box, and a grain box. The planting width is eight feet having 12 rows with an 8" spacing. A 45-50 horsepower tractor with hy- draulic hook-up is required to operate the drill. Seed, herbicide, and fertilizer recommenda- tions will be provided by the HCD and the Hennepin AG Extension Service. A soil test is recommended to determine fertilizer and lime needs to insure a successful planting . For further information regarding the Hennepin Conservation District's No -Till Drill Program please contact David W. Thill at 544-8572. woo Metro Area Ground Water Alliance Comments from the recent HCD opinion sur- vey reflected concern that there was duplication of efforts among different government agencies in- volved with water conservation. The Metro Area Ground Water Alliance (MAGWA) is a multi -agency professional associa- tion which has been formed by metro county ground water planners and hydrogeologists. HCD hydrogeologists Leigh Harrod and James Piegat meet monthly with the other metro county ground waterplanners; state agency staff from PCA, B WS R, DNR, MN Department of Agriculture and MN De- partment of Health, the Minnesota Geologic Survey and Metropolitan Council staff are also participants. The meetings provide a forum for comparison, dis- cussion and coordination of regional ground water projects across agency lines and jurisdictional bound- aries. The MAGWA group is currently generating a standard set of BMP's for management of wellhead protection areas. A proposal to coordinate the tim- ing of observation well measurements to be synop- tically done in the region with all 5 metro SWCD's and state agencies is also being formulated. The dialogue and monthly opportunity for the MAGWA group to network, which is being facilitated by BWSR, has become an effective way to assure that the various agency projects compliment each other and do not duplicate efforts. In addition to exchanging ideas and informa- tion with each other, these water resource profes- sional are willing as a group to provide information to policy makers such as your board or committee on issues that impact the ground water resources in the regions. Because MAGWA is comprised of profes- sionals from many different agencies, their consen- sus has a unique value for protection and manage- ment of ground water. The combined years of experience and training of this group is available to Metro continued on page 4 im Environmental Awareness Expo The Hennepin Conservation District is partici- pating in the Environmental Awareness Expo at Champlin Park High School on Saturday, April 23. The Expo is sponsored by the City of Champlin's Environmental Resources Commission. The Com- mission developed the concept of the Environmen- tal Awareness Expo as a proactive response to the needs of the environment. A booth highlighting District conservation programs and activities will be part of this years expo. Please stop by and visit with District staff about District programs at the environ- mental expo on April 23. Questions concerning the Environmental Awareness Expo should be directed to Leigh Harrod at 544-8572. Ngo Z" t��::5cff% Hennepin Conservation District 10801 Wayzata Boulevard, #240 Minnetonka, Minnesota 55305 (612) 544-8572 Metro continued from page 3 get sound input into your policy and decision- making processes. For further information about MAGWA meet- ings or to make inquiry of the group, contact either HCD ground water staff or Eric Mohring of the Minnesota Board of Soil and Water Resources at 297-7360. Ngo MR. DWIGHT JOHNSON, MANAGER CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD PLYMOUTH MN 55447 $s� Printed on recycled paper with a minimum of 10% post consumer waste using soy based ink. City Briefs Date: May 3, 1994 From: Helen LaFave, 550-5016 On May 16 and June 6, the Plymouth City Council will hold two public information meetings on a proposal to expand the City Center. Both begin at 7 p.m. and will be part of the regular City Council meetings. The meetings will be shown live on Plymouth channel 37. The Council is considering expanding the City Center by 13,500 square feet to meet space needs through 2011, remodeling existing office space and building a walkway link to the Public Safety Building. The City Center, 3400 Plymouth Blvd., houses the Engineering, Administration, Community Development, Finance and Park and Recreation departments. When the proposal was considered in July 1993, it was expected to cost $3.1 million. Due to the time lapse, the City Council will need to re -bid the project before it makes a final decision. If the proposal is approved by the Council, it would be funded through capital reserve funds. In 1991, the City hired a consultant to conduct a space needs analysis of the City Center. According to the study, the City Center currently has 17,000 square feet of available office space. The study concluded that offices housed in the City Center required 19,525 square feet to meet 1991 needs. City offices need approximately 21,525 square feet to meet today's needs. This will grow to about 30,000 square feet by 2011. These figures do not include the space needed for mechanical systems. If the Council opts to proceed with this project, it would advertise for bids in June, award the bid in August and begin the expansion and renovation in September. City staff would continue to offer services such as recreation program registration, utility billing, homestead filing, engineering and building permits at the City Center throughout the construction. -30- For Immediate Release April 28, 1994 CITY OF PLYMOUTH+ For More Information: Fred Moore, 550-5080 City of Plymouth Requests Resident Cooperation in Sump Pump Use Due to the past week's heavy rains, many Plymouth residents may have noticed that their sump pumps are working overtime to keep their basements dry. Sump pumps should only pump water outside to the street or lawn away from the foundation. City ordinance prohibits residents from connecting sump pumps to a floor drain, laundry tub drain or other drain that empties into the sanitary sewer system, except with a permit during the winter months. Sump pumps connected to the sanitary sewer system are not only illegal, but they also can cause the sanitary sewers to back-up through manholes, cause higher water rates for everyone and may even cause flooding in other people's homes. "What concerns us is the cumulative effect of sump pumps sending water into the sanitary sewer system. It has the potential to overload the sewer system during a time of heavy rain like we've had the past week," said Plymouth City Engineer Dan Faulkner. Connecting a sump pump to the sanitary sewer sends a large volume of 'clean' water to the metro waste treatment plant. "It should just be pumped into the storm sewer system. We need people to consider the effect their sump pump, along with everyone else's, is having on the overall sewer system and maybe on the guy down the block who finds water backing up into his basement," Faulkner said. Sump pumps that are incorrectly connected to the sanitary sewer system also cause higher rates for all water customers as they pay for the unnecessary treatment of that extra water. If you have questions on sump pumps, call Darrel Johnson at 550-5079. -30- We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH. MINNESOTA 55447 • TELEPHONE (612) 550-5000 PRESS RELEASE MUNICIPAL CLERKS & FINANCE OFFICERS ASSOCIATION OF MINNESOTA Laurie Rauenhorst, City. Clerk for the City of Plymouth, was elected President for the Municipal Clerks & Finance Officer's Association of Minnesota for 1994-1995. The election was held during the Association's Annual Conference held at the Kelly Inn in St. Cloud, March 15-18, 1994. The MCFOA was established in 1937 to promote professional standards for City Clerks. The Association provides educational opportunities through regional meetings, and annual conferences, and sponsors continuing education workshops for their certification program. Laurie has been the Plymouth City Clerk for the past six' years. She has been awarded the designation of Certified Municipal Clerk on the State and International levels, as well as achieved designation in the Academy for Advanced Education on the International level. The MCFOA has over 600 members from throughout the State of Minnesota including City Clerks, Treasurers, Clerk -Treasurers, Clerk -Administrators, and Finance Officers. e — EkV April 27, 1994 Ms. Joy Tierney, Mayor City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55441 Dear Mayor Tierney: Enclosed please find a petition signed by the owners of newly developed townhomes called Trenton Ponds located off of 10th Avenue North in Plymouth. We request that our petition by brought before City Council. It is urgent that this be acted upon immediately since residents will be moving in as early as May, 1994. We have discussed our concerns and recommendations with Mr. Mike Larson, Postmaster for the new post office in plymouth, which will serve the Trenton Ponds homeowners. Mr Larson is in agreement with our request because the U.S. Post Office cannot automate the mail using an A.B.C.D. type of address designation presently designated by the City of Plymouth. It is our understanding, Mr. Larson will be sending you a letter stating his concerns and supporting our requests. We believe as new home owners and taxpayers in plymouth that the enclosed should be granted to avoid mail receipt confusion and to give individual identities to our home sites. Your prompt action is appreciated by all current homeowners in the newly established Trenton Ponds Townhome development. Sincerely, inK�ey­e- m HOMEOWNER cc: Mr. Mike Larson, U.S. Postoffice, Plymouth We the undersigned owners of new townhomes being built at Trenton Ponds off 10th Avenue North, petition the City of Plymouth to change the numerical addresses and street name presently assigned to Trenton Pond's Townhome owners for the following reasons: #1. Presently groups of townhomes are assigned a numerical address and each unit is then given a letter A,B,C, or D. Since we are owners of individual homes, we request an individual numerical address be assigned to each unit town - home using U.S. Post Office method of assigning numbers; odd and even to each side of the street. #2. Presently Trenton Ponds is considered an extension of 10th Avenue North when it is actually a newly developed street. To avoid confusion and establish an actual street name for Trenton Ponds Townhomes, we request that the street coming_ into our development off of 10th Avenue North be named Trenton Ponds Circle (SEE ATTACHED RECOMMENDATION FOR INDIVIDUAL TOWNHOME ADDRESSES AND STREET NAME). #3. We respectfully request an expedient decision on this matter to enable all owners who will be moving in shortly to be able to establish a legal address on all documents and, thus, avoid going through address corrections at a late.- date. aterdate. N E ADDRESS _—DATE ---------------------� ---------------------------------- ,1L�f, _ C ��- I - 0 - __ -------_-- - �1- r - , 'z+•.� jlornL R PAGE 2 NAME - - - ADDRESS-- --- --------- ------DATE560- _ c - =----. -- ;- ---------------/0 ----- ----------- ----- off`stt - -- --�- - -_ .--------------- gip, -'A _ - ----- ------------ -------- f --------- ___-_-_-_---- _ /l-1 _ -- _- - __- _---___ ----------------------------------------------------------------- BASSEACRE ` J I �RTR 0 2f f0 5 X00 MEDICINE LAKE E— TRENTON PONDS TOWNHOMES P, ZACHMAN BROS. WET I +u\IDS iv i ip 12 - Ali ��: p ;..•O Y•. 13 ''fib 6T a.LL 1 1 �/ X4.0 ID 3 4 I. i i,�� \ ��• a3 I 46 5 4 104 2 3 ld L —j— HTH AVENUE NO\ I SHORE Metropolitan Waste Control Commission NZ Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 April 26, 1994 TO ALL CITY FINANCE OFFICERS: The Metropolitan Waste Control Commission (MWCC) recently closed out 1993 revenues and expenditures and completed the 1993 final cost allocation. The enclosed statement shows both the estimated sewer service billing your city paid for 1993, and the final billing to your city for the same year. The bottom line shown on the accompanying statement is the amount your city underpaid or overpaid in 1993. This amount will appear as a credit or a debit on the city's 1995 statement of sewer service. To briefly recap the year, the MWCC underspent its 1993 amended budget by $1.1 million through a variety of cost-saving initiatives and improved productivity. However, the savings was offset by a shortfall in projected revenue. The variances cancel each another out, bringing our 1993 budget year to a zero balance. Consequently, there will not be an across-the-board rebate for communities on your 1995 sewer service bill, as there has been in previous years. At this time I would also like to provide an update on the Cost Allocation Study. In 1993, Commission staff conducted a study of the system in response to concerns expressed by communities regarding variability in charges. Although by law and policy, we are required to bill each community based on their proportionate share of flow, we felt there were possibilities within these guidelines to improve the method of billing. You were invited to two different workshops where our staff shared their findings and listened to your comments. Our commitment and work on this effort continues. we will continue to keep you informed on the status of this study and our recommendations. As always, your questions o this statement or the zero 2021 or myself at 229-2017. Sincerely, "I (�* -10 Lois Spear Controller LIS Gane A:\FNLCA93.LIS cc: City Manager r comments are welcome. For specific questions about rebate in 1995, please contact Steve Sielaff at 229 - Equal Opportunity/Affirmative Action Employer G c�`.� METROPOLITAN WASTE CONTROL COMMISSION 1993 Final Sewer Service Statement 5152 Plymouth 1993 EST. I ACTUAL Gallonage Processed in million gallons 2,6441 2,740 Cost per Million Gallons 1,201.101 1,152. 4 �r �� n n -d 5-7 n 3, , , a, i , U t ID 1 c,1 T otai Sewer Service Cost 224 � Other (Credits) or Charges: Current Value Credit 217 2i7 Debt Payment Credit 8,350 :(8,35 1991 Final Credit /Amount Due 215,868 215868 Total Other (Credits) or Charges Customer Billing 207,301 3,383,016 207,301 3,364,525'' Reduction of 1993 Billing via Cash Rebate to Customer 0 0` Net Customer Billing 3,383,0161 3,364,525' Amount Underpaid or (Overpaid) by Customer Note: This is not an invoice or credit memo The amount underpaid or overpaid will be added/subtracted on your 1995 Statement of Estimated Sewer Service Charges. .............. ............. (18,491) -rol Agency Min., sotfa, oiiution Cont April 27, 1994 Mr. Steve Hoyt Hoyt Properties 8300 Grand Avenue South Bloomington, Minnesota 55420 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Former Ag. Lite Facility, 4901 West Medicine Lake Drive, Plymouth Site ID#: LEAKO0007303 Dear Mr. Hoyt: Notice of Release The Minnesota Pollution Control Agency (MPCA) has received notification that a release of petroleum has occurred from storage tank facilities which you own and/or operate that has resulted in contamination of soil and/or ground water. Legal Obligations Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release, investigate the extent of the release and take actions needed to ensure that the release is cleaned up. A person is considered legally responsible for a tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § 115C.021 (1992). If you believe that you are not legally responsible for this storage tank release, please submit a written explanation of your position to the MPCA within 30 days. If you are not legally responsible for the release, but hold legal or equitable title to the property where the release occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be directed to the Petro Board at 612/297-1119 or 612/297-4203. -ifi h:1;v ,-;-e 194'. i,612) 296-6300 (voice); (612) 262-533 -4 Qr-nerd • Detroit Lakes • Marshall . Rocneste, _gcaI C.,.. I. c, ; ee ,jape containing at least 101, fibers from paper recycle i h; ,.: - Mr. Steve Hoyt Page 2 April 27, 1994 Request to Take Corrective Action The MPCA staff is requesting you to take the steps necessary to investigate and clean up the release in accordance with the enclosed MPCA fact sheets. The MPCA requires that you conduct a site investigation to define the full extent and magnitude of the soil and/ot. ground water contamination caused by the release. A report which details the results of the investigation or concludes that excavation was sufficient to address the release for cleanup (Excavation Report and/or Remedial Investigation/Corrective Action Design (RI/CAD)) must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for information pertaining to the degree of investigative work necessary at petroleum release sites. Sites with free product, drinking water supply impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the environment, are considered high priority for staff review. If one or more of these situations apply to your site, an RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free-floating petroleum in a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the Petro Board that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Minnesota Department of Commerce. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Please note that, under Minn. Rules pt. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petro Board staff. Required Response MPCA staff requests a written or verbal response to this letter within 30 days. In your response, please tell us whether you intend to comply with the above requirements. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to comply, in which case the MPCA Commissioner may order you to take corrective action. If you do not comply with the Commissioner's order, it may be enforced in court or, alternatively, the MPCA could use state funds to clean up the release and then request the Attorney General to recover its costs from you through legal action. Failure to cooperate with the MPCA in a timely manner will also result in reduced reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1, item C. Mr. Steve Hoyt Page 3 April 27, 1994 The enclosed fact sheets will provide you with the information necessary to complete a successful investigation and cleanup. If you have any questions concerning this letter or need additional information, please contact me at 612/297-8586. Please reference the above LEAK # in all correspondence. Sincerely, Mik6 D. Nelson Project Manager Cleanup Unit III Tanks and Spills Section MDN:tf Enclosures cc: Laurie Rauenhorst, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Lois Cheesaboro, Hennepin County Official n e-sat Poilution Control Agency April 27, 1994 Ms. Gene Ann Johnson. 1645 Xanthus Lane Plymouth, Minnesota 55447 RE: Petroleum Storage Tank Release Investigation and Corrective Action Site: Johnson Residence, 1645 Xanthus Lane, Plymouth Site ID#: LEAK00007295 Dear Ms. Johnson: Notice of Release The Minnesota Pollution Control Agency (MPCA) has received notification that a release of petroleum has occurred from storage tank facilities which you own and/or operate that has resulted in contamination of soil and/or ground water. Legal Obligations Federal and state laws require that persons legally responsible for storage tank releases notify the MPCA of the release, investigate the extent of the release and take actions needed to ensure that the release is cleaned up. A person is considered legally responsible for a tank release if the person owned or operated the tank either during or after the release, unless specifically exempted under the law. See Minn. Stat. § 115C.021 (1992). If you believe that you are not legally responsible for this storage tank release, please submit a written explanation of your position to the MPCA within 30 days. If you are not legally responsible for the release, but hold legal or equitable title to the property where the release occurred, you may volunteer to take corrective action. Responsible persons and volunteers who take corrective action may be eligible for reimbursement for a major portion of the costs of corrective action. The legislature has established the Petroleum Tank Release Cleanup Account to reimburse responsible persons and volunteers. The account is administered by the Petro Board which is part of the Minnesota Department of Commerce. Final decisions regarding the amount of reimbursement are made by the Petro Board. All questions about eligibility and reimbursement should be directed to the Petro Board at 612/297-1119 or 612/297-4203. G17 n; 16121 296-6300 (voice)(612t 28� i3:i2 Detroit Lakes • Marshal! ^ Rochester pape, containing at least 101. fibers from paper recyc:, -7 7 „OnS U•71ar� Ms. Gene Ann Johnson Page 2 April 27, 1994 Request to Take Corrective Action The MPCA staff is requesting you to take the steps necessary to investigate and clean up the release in accordance with the enclosed MPCA fact sheets. The MPCA requires that you conduct a site investigation to define the full extent and magnitude of the soil and/or ground water contamination caused by the release. A report which details the results of the investigation or concludes that excavation was sufficient to address the release for cleanup (Excavation Report and/or Remedial Investigation/Corrective Action Design (RI/CAD)) must be submitted to this office within 10 months of the date of this letter. Please refer to MPCA fact sheets for information pertaining to the degree of investigative work necessary at petroleum release sites. Sites with free product, drinking water supply impacts, fire or explosion hazards, or ground water impacts which pose a significant threat to public health or the environment, are considered high priority for staff review. If one or more of these situations apply to your site, an RI/CAD report must be submitted within 90 days. In addition, if you know or discover that there is free-floating petroleum in a well, excavation, or borehole, you must notify the MPCA within 24 hours and IMMEDIATELY begin interim free product recovery. If you have not already done so, the MPCA recommends that you hire a qualified consulting firm registered with the Petro Board that has experience in conducting petroleum release site investigations and in proposing and implementing appropriate corrective actions. A list of registered contractors and consultants is available from the Minnesota Department of Commerce. The MPCA reserves the right to reject proposed corrective actions if the requirements of the site investigation have not been fulfilled. Please note that, under Minn. Rules pt. 2890.0075, subp. 2, you must solicit a minimum of two competitive proposals on a form prescribed by the Petro Board to ensure that the consulting costs are reasonable. Questions about bidding requirements should be directed to Petro Board staff. Required Response MPCA staff requests a written or verbal response to this letter within 30 days. In your response, please tell us whether you intend to comply with the above requirements. If you do not respond within this time frame, the MPCA staff will assume that you do not intend to comply, in which case the MPCA Commissioner may order you to take corrective action. If you do not comply with the Commissioner's order, it may be enforced in court or, alternatively, the MPCA could use state funds to clean up the release and then request the Attorney General to recover its costs from you through legal action.- Failure to cooperate with the MPCA in a timely manner will also result•in reduced reimbursement from the Petro Board. See Minn. Rules pt. 2890.0065, subp. 1, item C. Ms. Gene Ann Johnson Page 3 April 27, 1994 The enclosed fact sheets will provide you with the information necessary to complete a successful investigation and cleanup. If you have any questions concerning this letter or need additional information, please contact me at 612/297-8582. Please reference the above LEAK # in all correspondence. Sincerely, m,Kathryn Serier Project Manager Cleanup Unit III Tanks and Spills Section KS:tf Enclosures cc: Laurie Rauenhorst, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Lois Cheesaboro, Hennepin County Official 7�1?oj� ce) C 7 1 TU C•s- our) Ito? atCU-7L r�7 irl C/ L�k�\N UAlu Olt Cu ct/ C V Clf �,/ YOU- X-tT, 57) 0-05it April 25, 1994 Chip Welling Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155 Dear Chip: CITY OF PMY1OUTR At a recent City Council meeting, the Council had the opportunity to review and discuss the upcoming Eurasian Water Milfoil treatment for Parkers Lake. Council asked that I write to you and share these thoughts. First, the Council wishes to thank you and the Department of Natural Resources for your cooperation and assistance in helping the East Parkers Lake Improvement Association and the City of Plymouth address the milfoil issue within Parkers Lake. Without your tremendous cooperation, we would be at a loss for a viable solution for this most difficult issue. Second,- Council has requested that the DNR consider amending the 16 hour boat launch regulation. Council felt that there was definite merit, for the first year after the treatment, to monitor the launch using volunteer and paid staff in an effort to avoid reinfesting the lake. Because the DNR is committing approximately 18 hours a week of paid staff to this launch, as well as the City and the Parkers Lake Association committing resources toward this same end, we believe that the shortened boat launch hours deserve further consideration by the DNR. The City would appreciate it if you would discuss this with other members of your staff and provide us with a written reply to our request. Thank you for your time and assistance with this matter. I look forward to your reply. Sincerely, Eric J. Blank, Director Parks and Recreation EB/np cc: City Manager City Council Water Quality Committee PRAC Marsha Videen We Listen • We Solve • We Care 3-:0,-) PLl'1.'CUTH BOULEVARD • PLYMOUTH. 1AINNESOTA 55447 • TELEPHONE (612) 553-5003 C-Efyzl PATRICK D. I%IcGOWAN Assistant Minority Leader Senator 33rd District 129 State Office Building St. Paul, MN 55155 (612) 296-2159 Home: 12231 69th Ave. N. Maple Grove, MN 55369 (612) 425-8758 April 26, 1994 r _ Senate State of Minnesota <3 • R Laurie Rauenhorst, City Clerk City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Laurie, Thank you for your letter regarding Senate File 493, a bill which would have placed term limits on the ballot in November. Unfortunately, as you probably know, this proposal failed 7-5 in the Senate Ethics and Campaign Reform Committee. The vote was mostly along party lines with all Republicans voting to support term limits. Rest assured, I have supported term limits in the past and will vote in favor of them again if given the opportunity. Thanks again for forwarding the city council's resolution. Please do not hesitate to contact me with any other concerns you may have Sincerely, Senator Patrick D. McGowan Assistant Minority Leader rze<,<h•a Palm-COAINHITEES: Crime Prevention • Ethics & Campaign Reform • Finance • Gaming Regulation • Rules 10', Pow. & Administration Cuuownerlil— SERVING: Champlin, Corcoran, Dayton, Hassan Township, Maple Grove, Plymouth, Rogers 56 CAPTION MINNESOTA Computer -Aided Realtime Translation 14286 Dulcimer Way Apple Valley, MN 55124-5954 (612) 322-2113 April 27, 1994 u^. Mayor Joy Tierney CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, MN 55447 Re: The Hearing Impaired Dear Mayor Tierney: v My previous letter to you generally recapped some Americans with Disabilities Act (ADA) requirements and explained how the utilization of Computer -Aided Realtime Translation (CART) would enable you to provide equal access to meetings, hearings, and other government programs for your deaf and hearing-impaired constituents and staff. Please let me take this opportunity to further explain the situations where CART is used and to outline some of the other benefits to the public and your staff. One-on-one CART is a valuable tool for a hearing-impaired person participating in some way in a court proceeding or a public meeting, as well as other government -related matters. The captioner writes the spoken word on the stenotype machine and a computer instantly translates the machine shorthand into English where it is viewed on the computer screen. Overhead projection takes CART a step further by projecting the translated English words onto an overhead screen rather than on the computer screen. This is the perfect setup for the small or large gathering, whether it is a public meeting, board meeting, seminar, convention, judicial proceeding, or training session. Statistics indicate that 23 million people nationwide have some form of hearing loss. Hearing loss includes not only people born deaf but also those who lose their hearing due to accidents, environmental impact, and the normal aging process. It is with this latter group of people that CART is especially effective. Can you imagine suddenly losing your hearing at age 20 or gradually losing it as you age? You can still speak but are not sure whether your responses are appropriate to what is going on around you. With CART you can fully participate in large gatherings by reading what is being said. No need to worry about the background noise picked up by hearing aids nor the fact that sign language and Mayor Joy Tierney Page 2 April 27, 1994 lipreading are skills that take a long time to learn. One other benefit of CART that I want to mention is that a fully edited hard copy transcript can be provided of all proceedings. That alleviates the need for someone taking copious notes, and it also provides a verbatim backup of what really transpired during the proceeding. For your convenience I have included a sheet illustrating and describing some of the ways CART services are used. Please contact me if you have any questions. When you would like to see how easy the process is, I will gladly demonstrate these services during a hearing or meeting or just one-on-one with yourself. sincerely, Nancy J. Meer Enclosure Cofnputer Aided Realtime Trauslatioli Scenarios � O 0 One -on -One CART 0 Overhead Projection For each scenario, the process is for the captioner to listen to the proceedings, write on the stenotype machine and transmit it to a computer for instant translation. ONE -ON -ONE -CART: on-site CART where the captioner and the deaf person are the only viewers of the translation on the computer screen. OVERHEAD PROJECTION: This method is to be used for larger gatherings, such as meetings, seminars, hearings, conventions, or classrooms. After the translation is complete, it is fed from the computer to an LCD panel which sits on top of an overhead projector CAPTION MINNESOTA (612) 322-2113 Red Fox Cove Homeowners Association 11891 Red Fox Drive Maple Grove, Minnesota 55369 Minnesota Department of Natural Resources Division of Waters 500 Lafayette Road St. Paul, Minnesota 55146 Attention: Ceil Strauss Re: Violation of Protected Waters Permit 87-6203 On behalf of Red Fox Cove Homeowners Association, a group of 123 private homeowners in Maple Grove, with lakefront property on Pike Lake, we request that the recent alteration of the creekbed and inlet to Pike Lake by the city of Plymouth, be restored to its original function per MNDNR Protected Waters Permit #87-6203 and Corps of Engineers Permit #87-00356-IP-JJY, both issued after -the -fact to Begin Development on July 15, 1987. Our concerns are -numerous and include damage to the Pike Lake ecosystem, damage to Red Fox Cove waterfront and fishing area, reckless disregard for a MNDNR Protected Waters Permit and USACE Permit and a continuing lack of concern for the public interest. There has been a history of irresponsible actions concerning this creek area and its associated former wetland, which has been drained and filled. In 1987, Begin Development commenced grading and filling a 1.7 acre wetland which formed a delta where the creek entered Pike Lake. Permits had not been acquired from the proper agencies, most importantly the USACE and the MNDNR The wetland served as a natural buffer for the lake, filtering and slowing storm water before it entered the lake. Our neighborhood, which borders this area, was never property notified of the project. After the developer was found to be in violation, the project was stopped. It was discovered that in addition to the permit violations, our property had been trespassed on and damaged. Several letters concerning this action were sent to the Army Corps of Engineers by organizations including the U.S. Fish and Wildlife Service, the Minnesota Waterfowl Association, Hennepin Parks (because Pike Lake is completely within the boundaries of Eagle Lake Park Reserve), the Metropolitan Council, the Minnesota Waterfowl Association, numerous Red Fox Cove Homeowners, Plymouth residents and others. A public hearing concerning this matter was held on April 30, 1987 at the Plymouth City Center. On July 15, 1987 an after the fact permit was issued by the Army Corps and the MNDNR following the public interest review. The wetland was then completely excavated and filled for housing pads. The Corps required the developer to install 2 storm water retention ponds at the site, build a 2 acre shallow marsh about 2 miles from the site and repair damage to Red Fox Cove property. Of these requirements, only one retention pond was ever completed. Our property was only partially repaired. An off-site wetland was never created. Because we felt this system was inadequate to even remotely protect the lake, Red Fox Cove donated land for an additional pond in the spring of 1993. The project was constructed as a joint venture between Red Fox Cove Association, and the cities of Maple Grove and Plymouth. This new area was intended to decrease the velocity of storm water entering the existing downstream pond and to help remove suspended sediment and debris now entering Pike Lake. Later that summer, the city of Plymouth decided to redirect the creek away from the downstream pond and towards our lakefront prot)erty. It was done, we later learned, at the urging of « single homeowner in P"ymouth. We also learned it was also done in direct violation of both MNDNR and USACE rules because permits were never obtained. �l� Red Fox Cove homeowners face a decrease in lakefront recreational value with the current redirection of the creek. The creek outlet has been pushed to the Red Fox Cove property line. The amount of silt and debris entering this area is substantial. Aesthetically, the silt and debris is unsightly and will degrade the quality of our lakefront through increased algal blooms and lost water clarity. The effect on our fishing and boating area will be decreased property value. To preserve the interests of our association we realize we may have to take legal action if the situation is not remedied. The illegal action taken by the city of Plymouth does not serve the public interest. Pike Lake was classified as a "Natural Environment Lake" by the MNDNR. There are but a handful of these lakes in Minnesota. It is totally contained by Eagle Lake Park Reserve, intended to serve thousands of citizens in the future. The lake is frequented by loons, trumpeter swans, canvasback ducks, and even ospreys and bald eagles amongst other species of wildlife not commonly seen in an urban setting. Any negative effect on Pike Lake will also affect its sister lake, Eagle, which is connected to it. Water flows from Pike to Eagle and later the Mississippi River. The cumulative effect of all this decreases property values in Maple Grove, recreational values in Hennepin County and damages water quality and wildlife habitat. Therefore, we request that the creek be redirected back to the course as first required by the Corps permit. We also request that the original storm water retention pond be restored and be reshaped if needed. An easement should be obtained to maintain the restored pond even though the new upstream pond should help decrease the frequency of necessary maintainence. Thank you for your interest on this matter. i_) JLC t e,J�1) Sincerely, Kurt Paulsen President Red Fox Cove Homeowners Association DATE: May 5, 1994 TO: Dwight Johnson, City Manager FROM: Eric J. Blank, Director, Parks and Recreation SUBJECT: COMMUNITY PLAYFIELD - JOINT POWERS AGREEMENT Recently, the Council requested that sensitive material be sent to them well in advance, so that they'd have time to review and study it. I would like to forward this draft joint powers agreement to the Council at this time for their review and comment. The latest draft has a number of changes, most notably: Item 4 - Area Improvements. Now includes a clause which states the City would not be responsible for building the bridge or other public improvements if the District 284 bond referendum fails, or the school project is delayed for any reason. Item 5 - Purchase of Parcel A-1. The school district has agreed to make a partial payment that was due in May. Therefore, the agreement now reflects a single payment upon the purchase of 49.5 acres by the City from the school district. The architects from the school district and I are currently meeting and negotiating the legal description of what parcel A-1 will contain. Item 9 - Miscellaneous Assessments and Fees. Fred Moore suggested that Item 9 be included in this final draft to ensure that the school district will be paying assessments and special fees in accordance with the adopted policies of the City. We feel this paragraph is very important for protecting the rights of the City to levy assessments against the school district portion of the property. As this project moves through the informal and formal review process, there's bound to be a number of questions and issues that the Council has. It would be very helpful if you would contact me individually so that I can be made aware of your concerns and have an opportunity to address those matters in a timely fashion. With regard to the joint powers agreement, you may either call me with your comments, or mark the document up and return it to me. FB/np fFDN, 1:EST .. FLA11HhHha , ►:� 'a,1'a'a4 1 '� hlf_i,'i9 JOINT POWERS AGREEMENTS l( THIS AGREEMENT is entered into as of this _ day of 1994 hPtuwn tha rity of Pl]rmniifh_ a Minnoznta mienirinal rnrnnratinn ("City") and Independent School District No. 284, a governmental subdivision of the State of Minnesota ("District"). RECITALS: City and District have a common interest in the acquisition and development of land for park and school purposes on certain property consisting of approximately 161 acres located at the northwest quadrant of Peony Lane and the CP Rail right--of-way in Plymouth, Hennepin County, Minnesota legally described on Exhibit A and depicted on Exhibit B (the "Site"). City and District could realize substantial capital and operating Savings thrnngh rnnperat i src rl anni nq fnr the ci fQ 1 milt that ma)r facilitate the efficient development and operation of buildings and improvements. The parties wish to accomplish these aims by entering into a joint powers agreement as authorized by Minnesota Statutes 471.59. NOW, THEREFORE, pursuant to the authority of Minnesota Statutes, Section 471.59, the parties agree as follows: 1. Acquisition. The District shall acquire the approximately 130 acre parcel designated Parcel A on Exhibit B. The City shall acquire the approximately 31 acre parcel designated Parcel B on Exhibit B. The City shall then purchase the portion of Parcel A designated on Exhibit B as Parcel A-1 consisting of 49.5 acres from the District as provided in Section 5 below. The purchase price of Parcel A and Parcel B shall be deemed to be $17,500 per acre (net of existing roadway easements). 2. Planning of Site. District and City shall jointly select a site planner to prepare an overall site layout for the Site. 3. Allocation of costs of acquisition and site planning. All costs of acquisition and site planning, including legal work for preparation of this agreement and purchase of the Site, a phase 1 environmental site assessment, general liability insurance, appraisals, and the cost of a site planner, shall be totaled and allocated between the City and District equally. In all other respects, each party will bear it's own costs, including attorney's fees. 4. Area Improvements. The City shall take action to extend sanitary sewer and water utilities and a hard surfaced road to the Site prior to December 31, 1996 and will assess the costs of such improvements, including the road approaches to a bridge, to area property owners according to its standard policies based on area. The City and the District agree that a bridge for Peony Lane wille FRF -I1 BEST .: FLP1-1PGN1-1 needed over the CP Rail tracks. The city will design and build an appropriate bridge prior to December 31, 1996 at its sole expense. In consideration for this expense by the City, the District covenants to make one gymnasium, at least equal to a full size high school basketball court, at the school to be built on the Site available for use at city's discretion at all times when school is not in session and when no activity specifically sponsored and funded by the District lS Qccurrinv. Thn City will pay nperating eypQngou attributablo to its use. Notwithstanding the foregoing, however, in the event that the District does not by December 31, 1994 receive referendum approval and all other necessary approvals for the issuance and sale of all bonds necessary to acquire the District's portion of the Site and build the school facility, with the result that completion of the school facility will inevitably be delayed beyond February, 1997, City will not be obligated to construct any of the public improvements described in this Paragraph by December 31, 1996, but may defer such improvements to a date compatible with actual construction of the school facilities. Tbl,? wymant< Shall surVlVe termi ndti on of th i fi Agreement. 5. Purchase of Parcel A-1. The City shall pay $866,250 on or before July 1, 1994, in exchange for title to Parcel A-1. Prorations and condition of title will follow usual commercial practice. 6. Planning and Coordination. District and City shall each appoint one individual to coordinate the overall acquisition of land, the site planning process, and the ultimate subdivision of Site. 7. Land Use Approvals. The District will direct the preparation and processing of all land use applications and petitions for its buildings and facilities. 8. Shared Facilities. Some portion of the Site including QV4l':J3 dilVC:J, t✓a�.kllly ivL.,, aitu v4i1Cr pu5L file site improvements may be shared. The parties may consider further agreements regarding such facilities following completion of the joint site planning process. 9_ Miscellaneous Assessments and Fees. special assessments and park dedication fees will be borne by the parties in proportion to the respective areas of the Site owned by each of the parties, as finally determined, except that, to the extent a special assessment includes utilities which are sized in excess of what they otherwise would be because of the anticipated load of the school facility, that portion Of such special assessment which fairly represents the cost of the excess sizing will be borne by the District. Sewer and water area and connection charges assessed to the school facility or the park facility will be borne, respectively, by the District or the City, and such charges assessed to shared facilities will be shared equally. 10. Term. The parties will work in good faith to develop a coordinated plan for development and use of the Site and if they are able to agree, each in their own discretion, on such a plan, they may in the future enter into a new joint powers agreement. if they do not, for any reason, enter into a new agreement by July 1, 1996, this -2- FROM St"ST .. FLPO;AGAH 04, 29,1994 1 ,'F� P. 4 agreement will terminate as of that date, and each party may • independently develop their respective land. 11. Severability. In the event that any portion of this agreement is deemed to be illegal and unenforceable, it shall not affect the enrorceabiA ty oz the otner provisions containea herein. 12. Effective Date. This agreement shall take effect upon approval by the governing bodies of both parties. CITY OF PLYMOUTH NUG\9300\940375\Plym0uth,Agr [04/29/94) By: Mayor By: City Manager INDEPENDENT SCHOOL DISTRICT NO. 284 By: Chairman By: Superintendent 9919