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HomeMy WebLinkAboutCouncil Information Memorandum 03-24-1994P Y0 MARCH 24,199 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR MARCH: MARCH 28 5:45 P.M. COUNCIL STUDY SESSION TOPICS: Conflict of Interest Policy Council Subcommittees Goals and Objectives Public Safety Conference Room 2. CITY COUNCIL MEETING SCHEDULE FOR APRIL: APRIL 4 5:30 P.M. 7:00 P.M. COUNCIL STUDY SESSION TOPICS: To be determined March 28 COUNCIL MEETING City Council Chambers APRIL 11 5:30 P.M. COUNCIL STUDY SESSION TOPICS: To be determined March 28 Public Safety Conference Room 7:00 P.M. BOARD OF REVIEW City Council Chambers APRIL 18 5:30 P.M. COUNCIL STUDY SESSION TOPICS: To be determined March 28 Council Conference Room CITY COUNCIL INFORMATION MEMO March 24, 1994 Page 2 APRIL 25 5:30 P.M. COUNCIL STUDY SESSION TOPICS: To be determined March 28 Public Safety Conference Room 7:00 P.M. BOARD OF REVIEW (Reconvene) City Council Chambers 2. CHARTER COMMISSION -- MONDAY, MARCH 28, 7:00 P.M., Public Safety Conference Room. Agenda attached. (M-2) 3. D.A.R.E. GRADUATIONS -- Attached is a memo from Craig Gerdes together with the schedule of 1994 D.A.R.E. graduation dates. Craig requests that the Council review the dates and sign up for dates that each Council member would be able to attend. (M-3) 4. TWINWEST 'STATE OF THE CITY' COFFEE BREAK -- TUESDAY, MAY 17, 7:30 A.M. We have been invited again to host the TwinWest's "State of the City" program. The program will provide an opportunity for the Mayor, Councilmembers, and staff members to meet with business persons from the Plymouth community here at the City Center. We have previously held these meetings and provided the business persons with an overview of ongoing city activity. In past years, 45 to 50 persons have attended. A letter from the Chamber is attached. (M-4) 5. METRO MEETINGS -- The weekly calendar of meetings for the Metropolitan Council and its advisory commission is attached. (M-5) 6. MEETING CALENDARS - City Council and City Center calendars are attached. (M-6) 'c Y.................................................................................................................. 1. MINUTES & AGENDAS: a. Housing and Redevelopment Authority, February 15, 1994. (I -la) b. Plymouth Advisory Committee on Transit, February 23, 1994. (I -lb) c. Planning Commission, March 9, 1994. (I -lc) d. School District 279, Board of Education, March 8. 1994. (I-ld) e. School District 284, Board of Education, February 14 and 18, 1994. (I -le) 2. QUARTERLY STATUS REPORT ON PENDING CIVEL LITIGATION -- Report from City Attorney is attached. (I-2) 3. CITIES BULLETIN -- A copy of the March 18 issue is attached. (I-3) CITY COUNCIL INFORMATION M EMO March 24, 1994 Page 3 4. NEWSLETTERS & PUBLICATIONS a. Hennepin Update, Winter 1994. Newsletter from Hennepin County Board. (I -4a) b. The attached article on Representative Myron Orfield appeared in the March 22 Shoreview Press. (I -4b) c. City news release on watermain flushing schedule set for April and May. (I -4c) 5. MEMOS & CORRESPONDENCE: a. Letter from Thomas Aaker, 10815 53rd Avenue North, to Mayor Tierney, regarding the Ponds at Bass Creek project. (I -5a) b. Letter from Dennis and Karen Jackson, 10700 53rd Avenue North, regarding the Ponds at Bass Creek project. (I -5b) c. Letter from Anne Bipes, 10605 52nd Avenue North, regarding the Ponds at Bass Creek project. (I -5c) d. Letter to Tom Sather, Chief Administrator, Metropolitan Transit Commission, from John Sweeney, on the tour of the MTC operational facilities. (I -5d) e. Memo from Kathy Lueckert, Assistant City Manager, to Mayor and Council regarding Junk Mail Distribution. (I -5e) L Letter from Louis Clark, Chair, Metropolitan Waste Control Commission (MWCC), providing an issue survey to assist the MWCC in establishing priorities for its 1995 budget. (I -5f) g. Letter from Carol Berndt, 335 Pineview Lane, to Warren Kulsea, Housing Inspector, concerning the City's rental housing license fee. (I -5g) h. Letter responding to Wallace and Patricia Olson, 2100 Shenandoah Court, from Joe Ryan, regarding a heating problem experienced in their home. (I -5h) i. Letter from C. Robert Bradshaw, Co-chair, Success by 6 Northwest Childhood Development Committee, regarding a community performance of the play Baby, Baby! sponsored by the Junior League of Minneapolis. (I -5i) j. Letter of appreciation from Tom Sevinghaus, Chelsea Woods Association. (I -5j) k. Letter from Sigmund Fine, Administrator, Hennepin County Adults Corrections, to City Manager, regarding the use of the old Women's Section at the Adult Corrections Facility as administrative and training space. (I -5k) 1. Letter sent to Plymouth developers and builders from Darrell Johnson, Sr. Engineering Technician, as a reminder of the City's Erosion Control Policy and enforcement procedures. (I-51) m. Letter from Rick Barkley to Eric Blank, conveying a petition from East Medicine Lake neighborhood residents to Hennepin County Parks on the control of automobile traffic on East Medicine Lake Boulevard. (I -5m) CITY COUNCIL INFORMATION MEMO March 24, 1994 Page 4 n. Letter of appreciation to Don Kilian, Plumbing Inspector, from Jeff and Geri Sweet, 4220 Evergreen Lane. (I -5n) o. Letter responding to Marlin Sjaarda, from Eric Blank, regarding Park Dedication Fees. (I -5o) Dwight D. Johnson City Manager M. Z' CITY OF PLYMOUTFF March 1, 1994 Kapila J. Bobra 2600 Pineview Lane Plymouth, MN 55441 Dear Ms. Bobra: Due to a scheduling conflict, the Plymouth Charter Commission meeting slated for March 14, 1994 has been changed to March 28, 1994, at 7 PM. Several members of the City Council are interested in attending the Charter Commission meeting, but have prior commitments on the March 14 date. The meeting will be held in the second floor training room of the Public Safety Building. Please give Kathy Lueckert a call on 550-5013 by March 21 to let her know if you will be attending. I look forward to seeing you on March 28. Thanks in advance for adjusting your calendar. Sincerely, 4fd kyadet, Virgil Schneider Kl/ Charter Commission Chairman cc: Mayor and City Council We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 _M' February 8,1994CITY OF PLYMOUTR H. David Crain 13200 38th Avenue North Plymouth, MN 55441 Dear Mr. Crain: An issue involving the City Charter has been brought to my attention, and it is significant enough that I feel it is important to convene the Charter Commission. Therefore, I am calling a meeting of the Plymouth Charter Commission for March 14, 1994, at 7 o'clock. The meeting will take place in the Plymouth Public Safety Building second floor training room. The issue involves whether or not state statutes become operable if a City Charter is silent. The question surfaced during the appointment process to fill the Ward 2 vacancy, and involved actions necessary to break a tie vote. However, during an exploration of this question, the issue expanded to one of the applicability of state statutes when the Charter is silent. This has significant implications for conducting public business, and 'I feel it is important that we meet to talk about possible courses of action, including drafting charter amendments for consideration by the voters. In addition, we can discuss other possible amendments, such as clarifying our intent on majority voting on rezoning issues. I have attached information on the state statute issue. I look forward to seeing you on March 14. If you have questions, please call me at 559-1111, or Kathy Lueckert, on 550-5013. If you cannot attend the meeting on March 14, please call Kathy by March 7, 1994. Sincerely, . V)-tfil � Virgil Schneider Moe Charter Commission Chairman cc: City Council City Manager City Attorney We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 550-5000 BEST & F LANA GAN ATTORNEYS AT LAW ROBERT L.CRosBY SCOTT D. ELLER 4000 FIRST BANK PLACE LEONARD M. ADDINGTON ROBERT R. BARTR CHARLES C. BEROUIST GEORGE O. LuDcxE 601 SECOND AVENUE SOUTH N. WALTER GRAFF E.JOsEPH LAFAVE ALLEN D. BARNARD GREGORY D. SOULE MINNEAPOLIS, MN 55402-4331 RICHARD A. PETERSON CATHY E. GORLIN ROBERT J. CHRISTIANSON, JR. PATRICK B. HENNESSY TELEPHONE (612) 339-•7121 FRANK J. WALZ TIMOTHY A. SULLIVAN FRANK VOGL BRIAN F. RICE TELECOPIER (612) 339-5897 MARINUS W. VAN PUTTEN, JR. DANIEL R.W. NELSON DAVID B. MORSE TRACY J. VAN STEENBURGH JOHN ,%— BURTON, JR. DAVID J. ZUBxE JAMES C. DIRACLES STEVEN R. KRUGER ROBERT L. MELLER, JR. JAMES P. MICHELS JUDITH A. ROOOsHESKE PAUL E. KAMINSKI Direct Dial: 341-9720 November 10, 1993 BY FACSIMILE Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Appointment for Council Vacancy Dear Dwight: CINDY J. LARSON JOHN P. BOYLE ROSS C. FORMELL CARYN SCHERB GLOVER MARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN TRACY F. KOGHENDORFER JEANNICE M. REDING SARAH CRIPPEN MADISON ROBERT D. MAHER DAVID H. JOHNSON WILLIAM J. MORRIS E— Or COUNSEL JOHN R. CARROLL JAMES D. OLSON ROBERT M. SEARE ARCHIBALD SPENCER WARD B. LEWIS JAMES 1. BEST -IBO¢-IaBe ' ROBERT J. FLANAGAN 1869-1676 We have been requested to advise the City on whether or not the City can advertise for a council vacancy prior to the date the vacancy occurs. In addition, we were asked to research any specific steps that the City needs to follow in filling that vacancy. In reviewing state law, state case law, and the City Charter, we could find no requirement for or prohibition of advertising for a council seat prior to the vacancy actually occurring. City Charter Section 2.07 deals with council vacancies and is silent on the issue. However, that Section does require the council to "promptly" declare a vacancy and to "forthwith" appoint an eligible person to fill the vacancy. We conclude that the City may proceed to advertise for the eventual vacancy in order that it might be in a position to quickly fill the vacancy once it occurs. I attach hereto a copy of my September 9, 1993 letter to you regarding the specifics on the procedure for filling the vacancy. We caution that the City should not unduly restrict the qualifications for any potential persons to fill the vacancy. For your information, I also enclose an August 26, 1993 letter from Paul Kaminski to Laura Rauenhorst discussing residency requirements. We would recommend that persons who are interested in the position be required to file an affidavit of candidacy as required in a normal election. This will give the council basic information about the potential Mr. Johnson November 10, 1993 Page 2 candidate. Overall, the council has wide latitude in its process for selecting the person to fill the vacancy. _ Please let me know if I can be of any further assistance to you on this matter. VY ruly yours, Robert L. Mel e A. Jr. PEK:kjd:Johnson.ltr Enclosures -rFO4 BET & FLAHAGAH I1.1 �.1`,4'4 7 D:es-r & _F 1.AN.A0A11T Arr()1(NKl-$ I►•r LAw ttow.a.r L.Crtty«v Score P. ) Llra 4000 FIUST BANK E'JI.a,CE 1/An.Aew M. AUp.nUvOw ItvuLatr R 14ma Ca to rs C. Dra0U1r.T GrOROZ O. LUDCKE Ciol $TCO.WD AVENUE SOkITIf N. WAUNn ILNArr Au." 1).HANN RD r. tt�r..•.. ...rAv, Garootny V.SouLr DiINx>;AF•tJ1;.iti. MN ?-i�iAtl�-x.331 ItttwAtrJ. A. M.mrsemp Rt«war J.Carusrursom.Jc. ' CATar F. Ovon.n PATv.cK U Krr:Ncssy TFT.FPTTONE (033) 3314-7121 Fw r.a .1.WA.Y. T..Cx..v A. .%t�{NvAN FItANA VUGL DHrerr F. RICZ •rlr1.L(:(,iY11T.i2 ((3131 D36-:,Bfa7 Mwall. ty W. Ham. 1•'VTTr.N. JU. 6.1411M I/.M'. Darla 1.163tSC Tvm;v tl. VAN \vtiY.nVVN.i{{ JU111.k 14vieTuK. JL. DArID.I.%[IRKF. Jtwrs C. D1AtCLts $TC. ch K. Kaonzfo RooruT L MaumJn. JAHr:s P. M[C11CLS .J4:T.17K 1. HAAACHrt KP. F. V,.yl..:jW1 Direct Dial: 341-9720 November 18, 1993 BY FACSIMILE Mr. Dwight Johnson City Manager Cit,t of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Council Vacancy Issue Dear Dwight: 1 P. r 0 `�Iz CisfoT J. L etwm IUr.w 1`. L(UTLE Cwss C. FeaNnt.L 41ART11 SCHCiB Gu.vfta May F. S..r.Awe w (.ATUeVFKF..1. C-Ne"Ktr KriTs .l. W K[ wc{a TaAcT F. litx2ix D..arr:H JEAYKIC./! M. Irn UI.K S.,a:_H Ca1rY•tB HA.nyOK Q•Jnu KT D M.1HCR P.tt•m H.3oHKw1K W.W..J. HoaslS Or Ctl4MLLL JOIIW 1(. CAMUO" Uf.0 1D. %i o .%io Altcumuz fir ►:��. a WI. r. ff. I.Kwlr .IAw.ss 1.OlLt.T ..oe.wm Rt.v'c uT J. Fv.mm%i rr»-w:• The question has arisen whether the seat to be vacated by the mayor -elect is considered a Ward 2 council seat or an "at large" seat. The question arises in the context.of a'person who would like to be considered for the seat but is not a Ward 2 resident. The City Charter in section 12.13,. Subd. 3, sets forth the make-up of the City Council after the 1993 election. Section 12.13, Subd. 3(d) makes it clear that the incumbent council member residing in Ward 2 (who is actually the mayor -elect) on the dntP of the lggl PlPCtian is deemed to ba tho council member from Ward 2. This same Subdivision goes on to note that if a council member vacancy exists in Ward 2 between the effective date of the Charter and the election date in 1993, the Council was required to.appoint a person residing in Ward 2 to fill any vacancy for the unexpired term of that Ward 2 seat. Clearly, the intent of the Charter is that Joy Tierney's seat on the Council converted to a Ward 2 seat at the time of the 1993 election. In filling the vacancy on that seat, any potential candidate will have to be a resident of Ward 2. (See Charter Section 2.04.) You have additionally asked us to research what happens in the event there is a three to three tip on the rpiestinn of Who i5 appointed to fill the vacant City Council position vacated by the mayor -elect. FF;fili BEST r FLANAGAN 11,1:,19 t 1. f, ti- i �, s Mr. Johnson November 18, 1993 Page 2 If the Council votes on an appointment, and the vote results in a tie, the Mayor may make the appointment without Council approval, even when the Mayor has voted on the appointment. The Mayor may select any eligible person for the position and does not need to choose from those the Council considered. The Mayor should make the appointment in writing and file it with the City Clerk. See A.G.Op. 471-M, March 2, 1962; Minnesota Statute S 412.02, Subd. 2. of course, in the event the Mayor selects the person to fill the vacancy, that person should still meet other requirements for the seat, for example, be a resident of Ward 2. I believe this answers all outstanding questions you have submitted to this office on various election issues. However, please don't hesitate to contact me if any additional questions arise. Very truly yours, Robert L. Meller, Jr. City Attorney CPEK- jd:Johnson.ltr January 12, 1994 D Adw Or COUNSEL JOHN R.CARRoLL. JAMES D.OLsox ROBERT M.SKARE ARCHIBALD SPENCER WARD B. Ums JAMES I.BEST IGM-1968 ROBERT J.FLAxeoAx 187E -W4 Hubert H. Humphrey, III mI �U Attorney General, 102 Capitol Building Aurora Avenue St. Paul, MN 55155 RE: City of Plymouth Vacancy Issue Dear Attorney General Humphrey: This firm represents the City of Plymouth. The City of Plymouth has a home -rule charter. During the most recent election, one of the council members was elected as mayor. As a result, there is a vacancy in one of the council seats. It appears as if there is a chance that a 3-3 tie vote might be cast on filling the vacancy. The City Charter is silent on what to do in this situation. The City Code states, "Except as otherwise provided by statute or by this Section, the proceedings of the Council shall be in accordance with Robert's Rules of Order, Revised." This office has opined that if the council votes on an appointment, and the vote results in a tie, the Mayor may make the appointment without Council approval, even when the Mayor has voted on the appointment. We have also opined that the Mayor may select any eligible person for the position and does not need to chose from those that the Council considered. This opinion was based on Attorney General Opinion 471-M, March 2, 1962 and Minnesota Statutes § 412.02, Subd. 2. Of course, we realize that the statutory provision deals with statutory cities, but we felt the city would be safest to follow statutory provisions for statutory cities if their City Charter is silent on the issue. However, the question has been raised whether Robert's Rules should be followed and whether Robert's Rules would require the Mayor, in casting a tie breaker vote, to choose between the candidates considered by the Council. H B E S T & F LANAGAN ATTORNEYS AT LAW ROBERT L.CRosBY SCOTT D. ELLER 4000 FIRST BANK PLACE CINDY J. LARSON LEONARD M.ADDINGTON CHARLES C. BEROUIST JOHN P. BOYLE ROBERT R.BARTH GEORGE 0.LuDcss 601 SECOND AVENUE SOUTH Ross C.FonxELL N.WALTER GRAPY E.JosEPH LAFAvE CARYN SCHERB GLOVER ALLEN D. BARNARD GREGORY D. SooLs MINNEAPOLIS, MN 55402-4331 MARY E.SHEAREx RICHARD A.PETERSON- CATHY E.GoRLTN CATHERINE J. CoURTxEY ROBERT J. CHRISTIANSON, JR. PATRICK B.HENNESSY TELEPHONE (612) 339-7121 KEITH J. NELSON FRANK J.WALZ TIMOTHY A.SULLTVAN BARBARA M.Ross FRANK VOOL BRIAN F.RIcE TELECOPIER (612) 339-5897 TRACY F.KOCHENDORPER MARINUS W. VAN PUITEN, JR . DAVID B.MORSE DANIEL R.W. NELSON JEA mics M. REDING JOHN A.BURTON, JR. TRACY J. VAN STEENBUROH DAVID J.ZUBKE SARAH CRIPPEN MADISON ROBERT D.MAHSR JAMES C. DIRACLES STEVEN R.KRUGER DAVID H.JOHNSON ROBERT L.MELLOR,JR. JAMES P MICHELS WILLIAM J. MORRIS JUDITH A.R000sHESKE PAUL E.KAMIxsHI MICHAEL L.DIooS MICHAEL H. PINK January 12, 1994 D Adw Or COUNSEL JOHN R.CARRoLL. JAMES D.OLsox ROBERT M.SKARE ARCHIBALD SPENCER WARD B. Ums JAMES I.BEST IGM-1968 ROBERT J.FLAxeoAx 187E -W4 Hubert H. Humphrey, III mI �U Attorney General, 102 Capitol Building Aurora Avenue St. Paul, MN 55155 RE: City of Plymouth Vacancy Issue Dear Attorney General Humphrey: This firm represents the City of Plymouth. The City of Plymouth has a home -rule charter. During the most recent election, one of the council members was elected as mayor. As a result, there is a vacancy in one of the council seats. It appears as if there is a chance that a 3-3 tie vote might be cast on filling the vacancy. The City Charter is silent on what to do in this situation. The City Code states, "Except as otherwise provided by statute or by this Section, the proceedings of the Council shall be in accordance with Robert's Rules of Order, Revised." This office has opined that if the council votes on an appointment, and the vote results in a tie, the Mayor may make the appointment without Council approval, even when the Mayor has voted on the appointment. We have also opined that the Mayor may select any eligible person for the position and does not need to chose from those that the Council considered. This opinion was based on Attorney General Opinion 471-M, March 2, 1962 and Minnesota Statutes § 412.02, Subd. 2. Of course, we realize that the statutory provision deals with statutory cities, but we felt the city would be safest to follow statutory provisions for statutory cities if their City Charter is silent on the issue. However, the question has been raised whether Robert's Rules should be followed and whether Robert's Rules would require the Mayor, in casting a tie breaker vote, to choose between the candidates considered by the Council. H #A14 Hubert H. Humphrey, III January 12, 1994 Page 2 We would appreciate it if you would please opine on this matter at your earliest convenience. The vote to fill the vacancy is scheduled for January 24, 1994. If it appears that the cost of researching this issue is going to exceed $200.00, please contact me prior to proceeding further. For your convenience, we enclose the section from Robert's dealing with•the votes. vW.Me RJr. i PEK:kjd cc Dwight Johnson, City Manager Ken Rashke, Attorney General's Office Paul Kaminski, Assistant City Attorney PEK\AttGenA tr 400 RULES OF ORDER 543. 544• VOTING PROCEDURE 401 not a majority never chooses a proposition or elects.' anyone to office except by virtue of a special rule pre--.; viously adopted.If such a rule is to apply to the election of; officers, it must be prescribed in the bylaws. A rule that a plurality shall elect is unlikely to be in the best interests ofc the average organization.. In an international or national,; society where the election is conducted by mail ballot, a plurality is sometimes allowed to elect officers, with a view.; to avoiding the delay and extra expense that would result from additional balloting under these conditions. A better method in such cases is for the bylaws to prescribe some: form of preferential voting (see p. 418). Tie Votes and Cases in Which Chair's Vote Affects the Result If the presiding officer is a member of the assembly, he can vote as any other member when the vote is by ballot (see also p. 408). In all other cases the presiding officer, if.a member of the assembly, can (but is not obliged to) vote; whenever his vote will affect the result—that is; he can vota either to break or to .cause a tie; or, in a case where a two-thirds vote is required, he can vote either to cause or, to bloick the attainment of the necessary two-thirds In; :.` panic w. ' ' •. On a tie vote, a motion requiring a majority vote adoption is lost, since a tie is not a majority. Thus, rf there is a tie without the chair's vote, the presiding officer can, if he is a member, vote in the affirmative, thereby causing the motion to be adopted; or, if theri. is one more in the affirmative than in the negative without the chair's vote (for example, if there are 72 votes in favor and 71 opposed), he can vote in the negative to create a tie, thus causing the motion to be rejected. ,e... Similarly, in the case of a motion requiring a two- thirds vote, if, without. the chair's. vote, the number in the affirmative is one less than twice the number in the negative (for example, if there arc 59 in the affirmative and 30 in the negative), the chair, if a member, can vote in the affirmative and thus cause the motion to be adopted; or, if there arc exactly two thirds in the affirmative without his vote (for exam- ple, if there are 60 in the affirmative and 30 in the negative), the chair can vote in the negative, with the result that the motion is rejected.* Similarly, the chair's vote might affect the result in cases where a majority of the members can decide a question. The chair cannot vote twice, once as a member, then again in his capacity as presiding officer. In an appeal from the decision of the chair, a tie vote sustains the chair's decision, even though his vote created the,tie, on the principle that the decision ofthe chair can be reversed only by a majority. VOTING PROCEDURE ights and Obligations in Voting VOTING RIGHTS OF A MEMBER IN ARREARS. A mem- e.r of a society who is in arrears in payment of his dues, at who has not been formally dropped from the member. "It should be noted that if, without the chair's vote, the number of negative motes is one more than half the number of affirmative votes, the chair's vote cannot al%ct the result. Thus, if there arc 60 in the affirmative and 31 in the negative without the chair's vote, and he were to vote in the affirmative, the resulting 61 in the affirmative would still fall short of two thirds of the total vote of 92. �Z • 01-24-1994 16.44 612`339 5897 BEST&FLANAGAN U _ (, _ .-P .02 STATE OF MINNESOTA r' OMCE OF THE AWORNEY GENERAL, 21vITx t1W �ti TOw6R liiJ)8EIrT H. iiUMPHREY III January 24, 1994 "S M004MTA aTFART ST PAUL, UN SStot•212A - A2'IIMUV[Y CTSiatAL TSLbPNOH17. 1{I)1 372•Jh�� Mr. Robert L. Meller, Jr. Plymouth City Attorney BEST & FLANAGAN 4000 First Bank Place 601 Second Avenue South Minneapolis, MN 55402-4331 Dear Mr. Meller: In your letter to our office you state that there is currently a vacancy on the Plymouth. City Council as a result of one council member having assumed the office of mayor. 1t is anticipated that there may be a tie vote among the remaining council members upon the issue of appointment of a person to fill the vacancy. You state that the Plymouth home rule charter is silent as to any alternative selection process in the event of deadlock.I You suggest that in the event of a tie the mayor should appoint a person to fill the vacancy in accordance with Op. Atty. Gen. 471 M, March 2, 1962. && WjQ Op. Atty, Oen. 471 M December 27, 1977. You seek our opinion concerning the action that should be taken in the event of a tie vote on the appointment. While we can appreciate the rationale suggested to' permit the mayor to resolve the deadlock, the authorities we have located in the time available do not appear to support [hat result. As you note. Op. Atty. Gen, 471M March 2, 1962 (as well as the 1977 opinion) is based exelusivoly upon the terms of Minn. Stat. §412.02 subd. 2. That section, however, has no application to any city which has adopted a home rule charter. Srr, Minn. Stat. §412,016 (1992). Furthermore, we are not aware of any other statute applicable to charter cities which addresses the deadlock question. In such situations, prior opinions of this office have concluded that the council, charged with the responsibility of filling a vacancy in office, may not redelegate that duty elsewhere. For example, in Op. Arty. Gets, 63a-11, December 20, I966, we determined that, where the St. Louis Park Charter required a mayoral vacancy to be filled by council, the council had 1. Section 2.07 of the charter provides in part: When a vacancy occurs for a reason specified in clauses (d) through (i), the council trust promptly, by a resolution statin its findings, dtclare the vacancy to exist, When a With n until the next regular municipal election when die office is filled for the unexpired term. If a vacnacy occurs and exists in an elective office after the first day for filing affidavits of candidacy for that office, the person elected to -fill that office is deomed to have been — appointed for the unexpired term . - (Emphasis added) Facitmile: (612) 382-502 • TDDt (612) 2%•1410 • Toll Free Line: (300) 657-3787 (TDD or rolec) An Equal Opportunity Employer who values DivcreltT C3 Prinlod on 50% reeycicd paper (15% post consumer content) ..wn 01-24-1994 16:44 612 339 5897 BEST&FLANAGAN P.03 :�V1 til LV1 •J C:I I GI.,.I! tLL •VAL :.vL ��.°w°6. �� a. -. �M A Je° +vV •.•:._ :J Robert L. Meller, Jr.� a January 24, 19914 Page 2 no authority to permit the voters to decide on the replacement when the council could not agree on an appointee. Thcre we said: Neither the above nor any other provision of the St. Louis Park Charter authorizes the city council to' hold a special election when the council itself cannot agree upon an appointment.. In the absence of statutory or charter authorization, public authority"may not redelegate its duties and responsibilities to the electorate. 5S; >tjjQ Ops. Atty. Gen. 63a-11, January 4, 1966 (no authority to hold election), 63a -1I April 7, 1939 (mayor may not vote 'to break deadlock absent charter authority 63 a-11, March 27. 1935 (no authority to call special election to breakdeadlock). The 1935 opinion concluded: "The only suggestion that occurs to us is for the council to keep on balloting until the 'deadlock' is broken." We have not located any Minnesota cases which address the issue, the cases we ,have reviewed from other states also decline to support use of alternative means to fill vacancies when the responsibility has been given to a deadlocked governing body. Igg, t g , Foy cy, Gaston Cgunty Board of Education 29 N.C. App. 423, 224 S.E.2d677 (1976)(no authority for district court to order election despite protracted deadlock on filling of school board vacancy). Thus while we are sympathetic to the wish to have the vacancy filled promptly and definitely we cannot conclude that, if a tie vote occurs, resort may be had to a process not contained in the charter or specifically authorized by a statute applicable to the. City of Plymouth. Therefore, it is our view that the council itself must select an appointee. I have enclosed, for your review, copies of our opinions which 1 have cited. I hope this information is helpful to you. If you would like to discuss the matter further, please feel free to contact me. Very truly yours, KENNETH E. RASCHKE, JR.. Assistant Attorney General (612) 297-1141 KER:sr..oq CITY OF PLYMOUTH January 28, 1994 Mr. Virgil Schneider 11520 54th Avenue North Plymouth, Minnesota 55441 Dear Virgil, On January 24, 1994 the City Council appointed Sheryl Morrison to fill the Ward 2 vacancy created when Joy Tierney was elected mayor. While the appointment process went smoothly, it did highlight a point on which the Charter is silent: what is the procedure to be used if the Council is deadlocked (in this case, 3-3) on the appointment of an individual to fill the vacancy? The City Attorney opined that state statutes, which would allow the mayor to appoint in case of a tie, would become operative. The Attorney General subsequently opined that this is not the case, and that the Council must decide. At the request of Councilmember Lymangood, I have enclosed various pieces of correspondence on this issue. However, this issue highlights a larger issue: when our Charter is silent on any issue, do state statutues become operative or not? If the Attorney General's opinion on filling a council vacancy holds for other questions as well, there will be many governance problems created. Several options are available to provide clearer guidance on this issue. • Draft an amendment to the Charter clarifying that state statutues become operative when the Charter is silent. • Seek a remedy through legislation which would clarify that Charter cities fall under the statutues if the Charter is silent on an issue. • Seek guidance from the Attorney General on whether or not his opinion of filling a council vacancy applies similarly to other issues where the Charter is silent. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 -41 Since there is a general election in the fall of 1994, the Charter Commission could draft an amendment to place before the voters at that time. This might also be an opportunity to address some of the other issues discussed at the Commission's meeting _ last month. However; should you wish to draft amendments and place these on the November ballot, the Charter Commission would have to meet sooner than the annual meeting scheduled for December 1994. Please let me know if you need any further information. The City Attorney will be studying this matter further in the coming weeks, and we will keep you informed. My number is 550-5013. Sincerely, Kathy Lu keit Assistant City Manager Attachments cc: Mayor and City Council City Attorney Robert Meller ROBERT L.CRosaY LEONARD M.ADDINoTON ROBERT R.BARTH N.WALTER GRA" ALLEN D.BARNARD RICHARD A.PETERSON ROBERT J.CHRISTIANSON,JR FRANK J. WALz FRAxs VOGL MARINUS W. VAN PUTTEN, JR. DAVID B.MoasE JOHN A.BuRToN,JR. JAMES C.DISAcLEs ROBERT L.MELLER,JR. JUDITH A.R000sHEsEE BEST & FLANAGAN ATTORNEYS AT LANr SCOTT D. ELLER CHARLES C. BEROUIST GEORGE 0.LUDCEE E.JosEPH LAFAVE GREOORY D. SOULE CATHY E.GORLIN PATRICE. B. HENNESSY TIMOTHY A.Summx BRIAN F. RICE DANIEL R. W. NELSON TRACY J. VAN STEENBUROH DAVID J. ZUBEE STEVEN R.KRUGER JAMES P. MICHELS ' PAUL E.KAMINsm 4000 FIRST BANK PLACE 601 SECOND AVENUE SOUTH MINNEAPOLIS, 24N 55402-4331 TELEPHONE ((312,339-7121 TELECOPIER 10121339-589-1 February 2, 1994 Mr. Kenneth Raschke Attorney General's Office Suite 1100 NCL Tower 445 Minnesota Street St. Paul, MN 55101-2128 RE: Voting opinion/City of Plymouth Dear Mr. Raschke: CIYDY J. LARSON JOHN P. BOYLE Ross .C.FORMELL CARYN SCHERB GLo%-ER CLARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN BARBARA M. Ross TRACY F. KocazNDoaFER JEANNIcE M.REDING SARAH CRIPPEN MADISON ROBERT D. MAHEa DAVID H.JOHNSON WILLIAM J. MORRIS MICHAEL L.Dfoos MICHAEL H.PINH OF COUNSEL JOHN R.CARROLL JAMES D. OLSON ROBERTD'.SNA aE ARCHIBALD SPENCER WARD B. LEWIs JAMES I.BEST 1002-1099 ROBERT J. FLANAGAN 1908-1974 FED 310,4 This is to thank you for your opinion as to the procedures which the Plymouth City Council should follow in filling the Council vacancy. -Fortunately, the balloting process worked beautifully and a new councilperson was appointed Monday night. As you are aware, our office originally opined that because the Charter was silent on breaking a, tie, the State Statute which established procedures for breaking ties in statutory cities should be followed. Your advice was to the contrary. I am advised that in drafting the existing Charter, the Plymouth Charter Commission was of the opinion that in the areas where the Charter was silent, state statutes for statutory cities should be followed. Please advise as to your opinion on this procedure. Perhaps it would be prudent to amend the Charter to provide that State Statutes on statutory cities control where the City Charter is silent. Or, is your advice that the City should not follow the statutory procedure limited to this issue of breaking a tie for the appointment of the council person, with the understanding that in other situations state statutes can be followed? Alp - Mr. Ken Raschke February 2, 1994 Page 2 Please give me your initial thoughts on this matter at your early convenience in.that the City Council is meeting with its elected state representatives in a few weeks relative to possible amendment to state. legislation. Perhaps this is an area which should be addressed";in the state statute as well as in the local government charters. I also enclose herewith a correspondence from the Plymouth Assistant City Manager to the Charter Commission whichbetter sets forth this issue on which we respectfully request your input. I look forward to hearing from you and to discussing this interesting question. Y rs very trul , be L. Me er, Jr. RLM:rlb/1704k cc: Dwight Johnson Kathy Luekert Agenda Number: ,, j TO: Dwight Johnson, City Manager FROM: Craig C. Gerdes, Director of Public Safety SUBJECT: D.A.R.E. GRADUATIONS DATE: April 1, 1994 1. ACTION REQUESTED: Participation in the D.A.R.E. graduations. 2. BACKGROUND: The Mayor and members of the Council have traditionally participated in the various D.A.R.E. graduation programs at the City's elementary schools. The Mayor or Acting Mayor and one member attend each graduation, if possible, and provide a short congratulatory message to the class. Attached is a sign-up list with the graduation dates. I would like the Council to review the selection list over the next two weeks and select dates and locations of interest and return them to me. I will then provide the Council with copies of the completed list. I, and the members of the D.A.R.E. program, once again thank you for your support. I have also provided at each member's place a set of the 1994 D.A.R.E. cards. This is the second very successful year we have used the cards as part of our program. Af- 3 D.A. R. E. GRADUATION SIGN-UP LIST: May 12th (Thursday): Zachary Lane Elementary -- 2:00 p.m. Sunny Hollow Elementary -- 7:00 p.m. May 17th (Tuesday): Plymouth Creek Elementary -- 1:30 p.m. May 18th (Wednesday): Kimberly Lane Elementary -- 2:00 p.m. May 19th (Thursday): Sunset Hill Elementary-- 2:00 p.m. Pilgrim Lane Elementary -- 1:30 p.m. May 20th (Friday): Oakwood Elementary -- 2:00 p.m. May 23rd (Monday): Birchview Elementary -- 1:30 p.m. May 26th (Thursday): Gleason Elementary -- 1:30 p.m. TWIN\^/EST CHAMBER4 OF COM M E R C E Mr. Dwight Johnson March 22, 1994 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dwight, May is once again the month slated for TwinWest's "State of the City" Coffee Breaks in 1994. TwinWest members enjoy the opportunity to visit your facility and hear about upcoming programs and activities that affect the business community. These are some of our best attended Coffee Breaks during the year. The date for the Plymouth Coffee Break is Tuesday, May 17, 7:30 - 9:00 a.m. and should include 15-20 minute presentation for the "State of the City" address. I encourage you to invite the mayor, members of the Council and key staff members. Additionally, we suggest that you invite other key individuals or businesses that you would like to get the message to as well. As is the case last year, there is a $100 fee that offsets the cost associated with publicizing this program. Additionally, as host, you should provide coffee for 40 people and three dozen rolls. (Since we do not take reservations, this is an estimate on how many people will attend based on past experience). If, for any reason, your city is not able to deal with the sponsorship fee, we will solicit on your behalf a corporate sponsor that will be responsible for paying the fee. $100 Additionally, our Director of Community Affairs will be developing a story to go in your regular newsletter publicizing the Coffee Break. TwinWest will also publicize this event through press releases, a special mailing to our members and through the Chamber newsletter. Joy, we appreciate your support of TwinWest and your help with this important function. In order for us to plan appropriately, please contact Michelle Griffin at 540-0234 to inform her of your willingness to participate and how you'd like the sponsorship fee handled. Sincely, La y S. owe 1 - Pres'den LSD:mg 10550 WAYZATA BOULEVARD ♦ MINNETONKA, MINNESOTA 55305 (612) 540-0234 Crystal, Golden Valley, Hopkins, Medicine Lake, Minnetonka, New Hope, Plymouth; lmr r 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.: times and agendas are occasionally changed. Questions about meetings should, 1 appropriate organization. rdr 2 DATE: Mar. 18, 1994 WEEKS OF: Mar. 21 - Apr. 1, 1994 METROPOLITAN COUNICEL t Library Study Advisory Committee - Wednesday, Mar. 23, 4 p.m., Room IA. The committee will discuss library capital expenditures survey results, revised goals and strategies for metro area libraries, and models of implementation. Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, Mar. 24, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Mar. 24, 4 p.m., Chambers. The Council will consider. contract for 1994 lake monitoring by Laboratory Services; grant program recommendations for solid waste research to conduct solid waste flow and recyclable materials reconnaissance and analysis studies; 1993 chargeback billing; Farmington planning assistance loan application; and other business. Committee of the Whole - Thursday, Mar. 24, immediately following the Council meeting, Chambers. The committee will consider: a metropolitan urban service area request from Bayport to accommodate expansion of Andersen Window Company; a planning assistance grant to Dakota County Township Officers Association; change in schedule of payment for a Dakota County planning assistance grant; a contract request for major airport planning activities; the Metropolitan Waste Control Commission 1994-2010 Implementation Plan; an update on Burnsville Sanitary Landfill expansion; a status report on Aging Program spin-off, a referral status report; and other business. Advisory Committee on Aging - Friday, Mar. 25, 9 a.m., Chambers. The committee will consider. Generations Project; 1994 special access application for additional funds; 1995 Title III -F allocation options; 1995 Title III allocations; and other business. Metropolitan Radio Systems Planning Committee - Friday, Mar. 25, 9 a.m., Metropolitan Mosquito Control District Offices, 2099 University Ave., St. Paul. The committee will consider. an update of legislative hearings; review and approval of a request for proposal for technical design study; and other business. Legislative Coordinating Group - Friday, Mar. 25, noon, Room IA. TENTATIVE MEETINGS THE WEEK OF MAR. 28 - APR 1, 1994 Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, Mar. 31, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Mar. 31, 4 p.m., Chambers. Committee of the Whole - Thursday, Mar. 31, immediately following the Council meeting, Chambers. Legislative Coordinating Group - Friday, Apr. 1, noon, Room IA. */., The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TDD 291-0904). METROPOLITAN WASTE CONTROL COMMISSION Ad Hoc Committee for Personnel Policy Analysis and Review - Tuesday, Mar. 22, 10 a.m., Room 2A. 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. REGIONAL TRANSIT BOARD Board Meeting - Monday, Mar. 21, 4 p.m., Chambers. The board will discuss: personal rapid transit presentation; presentation on automated parking ramp; reduction to University of Minnesota Route 52 service for the spring quarter; approval of Metropolitan Transit Commission application for Federal Transit Administration Section 10 funding; approval of the 1994 Travel Demand Management contract and management plan for services from Minnesota Rideshare; Metropolitan Transit Education Plan implementation; per diem payments; approval of Metro Mobility Consumer Research contract; and other business. 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 AIRPORTS COMMISSION Commission Meeting - Monday, Mar. 21, 1 p.m., Room 303, West Mezzanine, Lindbergh Terminal Building. The Commission will consider recommendation of airport leases; top MAC policies; new airport site selection alternative environmental document; long-term comprehensive plan update scoping decision document; March ADNE levels; final contract payments for Lindbergh Terminal tug drive ventilation, 1992 landside electrical, ground transportation control system, shuttle bus turnaround; semi-final contract payment on glycol storage facilities; change order for contract on equipment maintenance building site improvements; receive bids for Part 150 sound insulation program; review of April bids; legislative update; charitable gambling; Heads Up and other business. The commission will also discuss an update of the dual -track airport planning process. Special Commission Meeting - Tuesday, Mar. 22, 9 a.m., MASAC Room, General Office Building, 6040 28th Ave. S., Minneapolis. The commission will participate in a Terminal Services and Concessions Business Plan workshop. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. METROPOLITAN SPORTS FACILITIES COMMISSION Marketing Committee - Monday, Mar. 21,930 a.m., Commission Conference Room. The committee will discuss: volume services, employee break areas; concession signage; ethics in government; liquor license; marketing plan; review; logo redesign announcement; on -field signage; and other items. Intergovernmental Relations Committee - Wednesday, Mar. 23, 8 a.m., Commission Conference Room The committee will consider an update on legislative issues. 4., r Commission Meeting - Wednesday, Mar. 23, 9:30 a.m., Commission Conference Room The Commission will hear reports from the International Relations, Personnel and Marketing Committees. They will also consider the 1994 Affirmative Action Vendor report. 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 TRANSIT COMMISSION Transit Development Committee - Tuesday, Mar. 22, 4 p.m. The committee will consider approving and recommending: implementing components of a travel -demand management program; and the execution of a contract award for the services of a construction manager. Commission Meeting - Tuesday, Mar. 22, 430 p.m The Commission will consider authorizing/approving the following: adopting a policy on news media relations; accepting the financial statement as of Dec. 1993; executing contracts for the provision of computer-related equipment; setting dates for hearings on proposed service changes in the Northwest Corridor; the solicitation of bids for services to (a) renovate the standing facility and (b) construct an addition to the Heywood office complex; awarding a contract for the provision of sign holders to be positioned at bus stops; and awarding a contract for the services of a construction manager. 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. *REVISED MEETING ** NEW MEETING 3/24/94 rR CITY CENTER MEETINGS April 1994 *REVISED MEETING ** NEW MEETING 3/24/94 ,r26F)__ City Council Weekly Planner March 27 -May 07, 1994 Sunday...y Tuesday Wednesday.. ..Saturday March 27 March 28 March 29 March 30 March 31 April 1 April 2 5:45 PM COUN- CIL STUDY . SESSION (Public Safety Cony: Rm 7:00 PM **CHARTER COMMISSION April April Aprils April April? April April Daylight Savings—set ahead 1 hour Easter 5:30 PM COUN- CIL STUDY SESSION 7:00 PM COUN- CIL MEETING 7:00 PM WATER QUALITY COMMITTEE 7:00 PM HUMAN RIGHTS COMMIS - SION April 10 April 11 April 12 April 13 April 14 April 15 April 16 5:30 PM COUN- CIL STUDY SESSION (Public Safe „ „ " .I 7:00 PM BOARD OF REVIEW 7:00 PM PRAT 7:00 PM BOARD OF ZONING 4:00 PM FINAN- CIAL ADVI- SORY COMMITTEE 7:00 PM PLAN- NING COMMISSION April 17 April 18 April 19 April 20 April 21 April 22 April 23 5:3011kI,,;,, CIL', SES5 7:00 PM PACT 7:00 PM HRA 7:00 Pa Misf- CIL MEETING April 24 April 25 April 26 April 27 April 28 April 29 April 30 7:00 PM PLAN - NING COMMISSION 5:30 PM COUN- CIL STUDY SESSION (Public Safe Conf.Rm 7:00 PM BOARD OF REVIEW (Reconvene)/ STUDY SESSION May I May 2 May 3 May 4 May 5 May 6 May 7 7:00 PM COUN-7:00 PM WATER 7:00 PM CIL MEETING QUALITY HUMAN COMMITTEE RIGHTS COMMIS- SION *Revised Meeting **New Meeting 3/24/94 J. /- MINUTES PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY FEBRUARY 15, 1994 A meeting of the Plymouth Housing and Redevelopment Authority was called to order by Chairman David Crain on February 15, 1994. PRESENT: Chairman David Crain, Commissioners John Edson, Brian Warhol and Marjie McFarland ABSENT: Commissioner Thomas Rugh STAFF PRESENT: Executive Director Anne Hurlburt, Housing Specialist Milt Dale, and Housing Secretary Denise Hutt INTRODUCTION OF NEW HRA COMMISSIONERS Chairman Crain welcomed Commissioner McFarland to the Housing and Redevelopment Authority. APPROVAL OF MINUTES MOTION by Commissioner Edson, seconded by Chairman Crain to approve the February 1, 1994 minutes. Vote. 2 Ayes. MOTION carried unanimously. (Commissioners Warhol and McFarland abstained.) NOMINATION AND ELECTION OF OFFICERS Chairman Crain questioned if this item should be deferred to the March meeting, as Commissioner Rugh was not able to attend this meeting. Commissioner Edson said he thought it best not to delay the election of officers. Commissioner McFarland suggested since two Commissioners are new this year, perhaps, the offices should be held by the other three Commissioners. MOTION by Commissioner Edson, seconded by Commissioner Warhol nominating David Crain as Chairman; John Edson as Vice -Chairman; and, Brian Warhol as Secretary/Treasurer. Housing and Redevelopment Authority 4, February 15, 1994 Page #10 Vote. 4 Ayes. MOTION carried unanimously. SENIOR HOUSING PROJECT ISSUES Housing Specialist Dale suggested staff discontinue taking names for the senior housing interest list as of February 18, 1994. Chairman Crain commented if the person does not live in Plymouth or have any relatives living in Plymouth it may be acceptable. Commissioner McFarland asked about the process and formation of the interest list. Housing Specialist Dale explained the idea of the interest list originated in June, 1992. An article was published in the City Newsletter about the senior housing project and persons calling were added to the interest list. The interest list only assures them of receiving the Senior Housing News, published periodically, and receiving an application for the project. Chairman Crain stated the building should be filled with those persons on the interest list. Currently, there are over 465 names on that list. Chairman Crain asked how many people lived in Plymouth that responded to the survey. Housing Specialist Dale responded that 70% or 197 were Plymouth residents. Commissioner Edson voiced concern about closing the interest list. He stated a Plymouth resident should be able to apply at any time. Chairman Crain concurred with Commissioner Edson's concern. Commissioner Edson commented the deadline for requesting applications should be published. Director Hurlburt stated the published deadline should be April 1. Any person who calls before April 1 should be placed on the interest list and sent an application. Commissioner Edson asked when the manager is hired, who will take the calls for applications. Donna Flaata of Walker Management replied the manager would take the names. Director Hurlburt stated a cut-off date should be published for accepting applications. Chairman Crain was concerned about creating false hopes to persons by continuing to take applications. `, /1,10 Housing and Redevelopment Authority February 15, 1994 Page #11 Director Hurlburt asked what the normal turnover rate is for a senior's building. Ms. Flaata responded the normal turnover rate is one to three persons per year, depending on the average age of residents in the building. Director Hurlburt suggested May 1 as the cut-off date for acceptance of applications. Requests for applications could still be made between April 1 and May 1, 1994. After April 1, 1994, city staff would no longer take names for the interest list. Chairman Crain was pleased an office was available in the Public Safety Building for Walker's use. Chairman Crain stated he was disappointed the stairs were eliminated from the plans. He asked why this happened. Housing Specialist Dale explained the central stair was eliminated because of the fire safety constraints. The sketch prepared by Jay Nelson of BRW Elness Architects depicts an interior dome over the second story staircase to replace the staircase to the third floor that was eliminated. Commissioner McFarland asked why the central stair to the third floor was included in the plans by the architects if it was not allowed by the fire code. Director Hurlburt replied each City interprets codes differently. Staff went to the State for an interpretation and the State concurred with staff that the open central stair to the third floor conflicts with fire codes. SENIOR HOUSING PET POLICY AND SECURITY DEPOSIT POLICY Chairman Crain asked if the interest rate on the security deposit is defined. Ms. Flaata responded it is mandatory to place the security deposit in an interest bearing account. The interest rate is published by HUD for federal projects. Chairman Crain noted a typing error in the Security Deposit Policy -- paragraph two, last sentence, the word "of' should be "or". Commissioner Edson questioned the reasons for a pet lease. Ms. Flaata explained a separate lease is customary for pets. This explains the pet criteria and is signed by the tenant. Commissioner Edson asked if the manger's position has been filled. Housing and Redevelopment Authority February 15, 1994 Page #12 Ms. Flaata replied the position can not be posted until Walker receives an executed management agreement. Director Hurlburt stated the management agreement is still with the City Attorney. She will check on its status. Commissioner Edson suggested the housing authority authorize the Chairman and Director to authorize execution of the management agreement, if appropriate. MOTION by Commissioner Edson, seconded by Commissioner McFarland authorizing the Chairman and Executive Director to execute the management agreement. Roll Call Vote. 4 Ayes. MOTION carried unanimously. Commissioner McFarland questioned page 7 of the Admission and Occupancy Policies, paragraph three. She stated "Very Low Income Limits but below the Low Income limits, will be required..." did not make sense. It should read as "Low Income limits will be required...". MOTION by Chairman Crain, seconded by Commissioner Edson approving the Admissions and Occupancy Policies to include a Pet Policy and Security Deposit Policy for use at Plymouth Towne Square. Roll Call Vote. 4 Ayes. MOTION carried unanimously. INFORMATION ITEMS Chairman Crain asked staff to forward a copy of Roger Olsen's December 21, 1993 letter to him. Director Hurlburt invited Commissioners to attend the Fair Housing Workshop to be held on March 22 at Plymouth City Hall. This workshop will help meet HUD requirements for the City's Comprehensive Housing Affordability Strategy. Chairman Crain asked for staff to obtain additional information on several projects administered by nearby communities for use of their Community Development Block Grant funds. Those programs include Senior Transportation, Youth Diversion Program and WECAN/OPERATIONS. Chairman Crain asked if the Plymouth Rehabilitation Grant/Loan Program include funds for handicap accessibility. Housing Specialist Dale responded the funds can be used to make a dwelling handicapped accessible, but the City has not received any requests. He suggested an article be placed in Housing and Redevelopment Authority February 15, 1994 Page #13 the Plymouth News promoting the handicap component of the Housing Rehabilitation Grant/Loan Program more actively. Commissioner Edson wondered if funds could be offered to rental facilities that currently have Section 8 clients to make their building more handicapped accessible. Chairman Crain asked if all public buildings in Plymouth meet the American Disabilities Act requirements. Commissioner Edson informed Commissioners the City previously hired a consultant to check the facilities. The parks meet the requirements, but there are public buildings that do not. Commissioner McFarland asked what authority the Commission has over private buildings. She also asked if day care assistance could be provided at Harbor Lane Apartments. Chairman Crain replied all the Housing Authority can do is to have the funds available for apartment buildings if they choose to rehabilitate units. Housing Specialist Dale explained that day care assistance is provided for qualified residents of Plymouth through Greater Minneapolis Day Care Association at a child care facility of their choice. Housing Specialist Dale informed Commissioners that the Community Development Block Grant funds allocated for South Shore Park have been approved for use. Commissioner McFarland asked who owns Plymouth Towne Square. Director Hurlburt replied Plymouth Towne Square is owned by Housing Authority. The Housing Authority owns the land and sold bonds, which the City bought. There is no federal money involved. Commissioner McFarland asked what the Summary Statistics Report represents. Chairman Crain responded it is the current statistics for our Section 8 Rental Assistance Program. Chairman Crain directed staff to send information to the new Commissioners on Housing Authority programs. Director Hurlburt stated the year-end status reports for each program will be sent to the new Commissioners. .r-/-4" Housing and Redevelopment Authority February 15, 1994 Page #14 Commissioner Edson directed staff to research the proposal of the Section 8 merged waiting list. It was decided the next Housing and Redevelopment Authority meeting will be Thursday, March 17. MEETING ADJOURNED AT 8:00 P.M. ro J6 MINUTES PLYMOUTH ADVISORY COMMITTEE ON TRANSIT FEBRUARY 23, 1994 PRESENT: Representing National School Bus - John Mathews and Dave Johnson; representing MTC - Hugh Hudson, Steve Jaeger, and Jan Homan; Mike Cagley, Joe Edwards, Yvonne Carlton; Herb Miller, Patrick Boylan (a new member); representing the City of Plymouth - John Sweeney. I. APPROVAL OF MINUTES The minutes were approved as written. II. Nancy Holters resignation from PACT was accepted with mixed emotions. All members are sorry to see her leave, but happy that she can now enjoy retirement. III. Patrick Boylan was introduced to the Committee and welcomed as a new member. IV. RIDERSHIP STATISTICS A. Dial -A -Ride -- John Mathews reported that Plymouth Dial -A -Ride over the last four months comparing, 1993-1994 to 1992-1993, is running on an average a little bit better than 1992-1993. The Dial -A -Ride Monthly Report shows an analysis for the last three years. Mike has also put together a report that shows the averages for the Dial -A -Ride system (one was distributed to the each member). The top line is the percent of recovery ratio. As the line goes up, the City is getting more for the money it is spending. Typically the recovery ratio increases if ridership increases. The middle line shows the miles per passenger. If this goes down usually the rides per hour will increase. The ridership is stable and at a good pace compared to other Dial -A -Ride programs in the in the Twin City area. Looking at peak period ridership, the system is as full as it generally can be on any given day during those times. That's good, but when people request rides some will have to be denied during the peak periods. The only way to alleviate this would be to add more vehicles, which ultimately adds more cost to the City. John Sweeney asked if there is a record of trip denials. John Mathews stated that they do keep those records. He stated they have been tracking Saturday trip denials. Presently there is only one vehicle on Saturday, and they are experiencing as many as 15 to 20 trip denials on Saturday. He stated that typically when you deny someone a trip, they might try again, but if they are denied a second time, they probably won't try again. He will get together with John Sweeney to review denials, goals and objectives. MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT r -lb February 23, 1994 Page 2 Patrick Boylan asked about the line that indicates the rides per hour pertaining to monthly averages; a year ago in February 1993 the symbol indicates there were four rides per hour, is that over the number of hours in the month of February of 1993 that Dial -A -Ride offered service? John Mathews answered yes. Patrick then asked if he knew what percentage of those rides are considered essential. John Mathews stated no. He stated they don't differentiate. Joe Edwards asked if we should be thinking now about prioritizing calls for, people wanting rides to the medical complex being constructed at 494 and Hwy. 55 for appointments. John Sweeney stated that we are. He also stated we should stated we should be thinking about how we can help with the senior citizen housing project being built. Mike asked John Mathews what kind of data they keep. John stated every ride is tracked for origin and destination. Studies could be made showing things such as a destination like Ridgedale. He also thinks that the new medical center will generate more ridership. B. Plymouth Metrolink Hugh stated that the information format for the report which was being used in October wasn't providing the information that they wanted. In November they went to a new format. It provides data by individual routes and trips. This came about through the electronic fare boxed on the buses. Overall ridership appears to be fairly steady, however, upon comparing this year's January figures with last year's he noticed a slight decline in ridership on Route 91 and Route 92, but an increase in ridership of about 9 % on Route 93. He attributes the decline in part to the fare increase. Another reason is that the times are not matching up well with downtown work starts and finishes. Hugh think the ridership will increase when the routes are changed. Yvonne Carlton asked how Hugh came up with a 9 % increase because when she looked at the daily ridership averages by month for 1990 to 1993, 1992 shows an average of 321 and 1993 shows an average of 312. Based on a month to month comparison, only four months in 1993 are greater than 1992 and the rest of them are less on average. Hugh stated that he didn't take them off the sheet that was handed out tonight, he took them off other information he has for January and used them for comparison. MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT rtw /46 February 23, 1994 Page 3 Mike asked if there was a January report. Hugh stated there wasn't. V. AREAS OF NEW CONCERN OR RECOMMENDATION A. Mike stated that in the past the Committee has discussed the discharge of passengers on the outbound trips on the ramp from Hwy. 169 to 36th Avenue North, half way up the northbound ramp there is a Metrolink sign that looks just like a bus stop. Then as you get to the stop light at the top of the ramp there is sort of a handmade sign that says "MTC buses do not stop here." Hugh asked if there was an arrow on it. Mike indicated there was not. Mike stated that if the sign was there to aid the driver he would be on the exit ramp before he sees the sign. Hugh stated that the sign is there not so much to tell him to get off at that exit ramp as to tell him to take a left turn at the top of the hill. Hugh asked if any other signs have been changed. Mike stated there was. Hugh suggested that the sign may have been put there to tell the driver to make the left turn. Yvonne said if that's the case, it should be on the left side where it is real apparent that it is not a bus stop. Steve stated that they were told not to stop there per order of the State Patrol. Steve said the MTC Safety Department also agrees with them. John Sweeney stated that the City is in the process of relocating some signs and installing directional arrows for drivers. Steve stated it will be a bus stop sign with an arrow that tells the driver which way to turn. Steve stated the other thing they have done is provide a route profile which is an extensive map and description of physical things to look for that the driver takes with him. Steve stated that with the route profiles and signs they hope to eliminate all mistakes. Mike stated that a sign was also moved diagonally across a corner at the intersection of Nathan Lane and 45th Avenue. The sign used to be immediately after turning on to 45th Avenue. The sign was moved over to Nathan Lane just ahead of that corner. The first few days the driver was letting people off there and they had to cross two streets. That seems to have cleared up as people became aware of what was reasonable to do. Mike asked if there was a reason why it isn't done at the same time as the arrows are installed. Hugh stated that it is probably because right now they have time and in the spring they may not have the time to reinstall the signs and so far they haven't got the arrows from the manufacturer. MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT „7e lb February 23, 1994 Page 4 Patrick asked if the arrows are effective in other systems. Steve replied that they are very effective in Cottage Grove. John Sweeney added that some of the problems are compounded in a community like Plymouth that has a lot of construction and problems with detours, etc. Patrick Boylan stated he is concerned about the effectiveness of arrows because the regular driver may know where certain detours are and a substitute will not know there is a construction site and he may get stuck at a construction site. Steve stated that Bruce Bakke, Transit Supervisor, is told when there are detours, then he goes out and marks a detour. Bruce also writes up a detour bulletin detailing a detour and each driver is notified that there is a detour, and the drivers also check the bulletin board daily. Steve stated he could arrange a tour of the Heywood Garage for Patrick. Yvonne stated she would also like the tour. After some discussion, all PACT members concurred that a tour would be beneficial. B. Mike stated that every morning at exactly the same place something rings in the front of the bus. Joe stated that the bus driver presses the fare box for it to do its calculations. Hugh stated part of the tracking system on the fare boxes is to track any downtown rides in that fare zone. As a result, when the driver enters the downtown zone he taps the button on the box and it makes a record of that time and location. He stated that some drivers do it automatically the same place every day. C. Yvonne asked if the Regional Transit Board has had any more discussions about a bypass lane by General Mills from 394 to Hwy. 169. Hugh stated he was not aware of anything. Steve stated not through the RTB, however Team Transit has been working with the MnDOT on it. Hugh stated that when the AVL (Automated Vehicle Locator) system comes into effect, we may see that if a bus is caught in certain situations, they can release the lights quicker and get the bus moving again. Mike asked if it was intended to identify break downs and Hugh answered yes. It will be able to tell within a minute where a bus is. You could be standing at a Park -N -Ride and it will tell you if the bus is on time, where it is and when it is due at the parking lot. There will be a display board at the Park -N -Rides. D. Joe stated that 93C in the morning is usually 2 to 5 minutes late. People are starting to rely on the bus being late and if a new driver is on time one day, MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSITMT ` February 23, 1994 Page 5 people are going to miss the bus. John Mathews stated that the driver should keep to the schedule. John said he would give Joe a telephone number and the next time the bus is late he would like Joe to call him. John stated he would also put a memo out to try and clear it up. E. Joe also stated that the evening driver on the same route should be complimented in that he, during the inclement weather, has been able to take people as close to their homes as possible. While you don't want to encourage that, it has been appreciated during the very cold weather. He would also like to have the driver watched, there have been a couple times that his driving habits are questionable, i.e., near accidents and running a stop sign. John Mathews stated he would look into it. F. Joe stated he would also like to compliment the MTC. He had a couple instances when the 94 from St. Paul to Minneapolis has been late because of weather. Both the drivers and the control center have been cooperative in getting the 93 to wait a few minutes. He stated that it was very much appreciated. G. John Sweeney reported that he and the part time Volunteer Coordinator are trying to find a volunteer to take the minutes. Dianna Olson is still not feeling well enough to do it and Karen Bolot, who replaced her, has a part time job and is unable to do it. John also stated that he is just getting back to full strength after being out most of January with an illness. H. Yvonne asked how many months it would take before it could be determined what the affect of the fair increase is on ridership. Hugh said by April or May they should have a good indication. I. Steve stated that most of the drivers stay with Metrolink because they like it. The primary reason they don't stay is they want to go full time. Patrick asked if all the Metrolink drivers were part-time. Steve stated he chooses to have it that way because they stay longer. J. March 12 there will be a another driver's pick. Hugh stated that March 12 they hope to have the route profile done for Route 91, 92 and 93 so the new drivers will have the benefit of it. K. Steve stated that the number of survey responses was outstanding. He stated that the way they do it has a lot to do with that. Steve asked if the Committee members felt that the questionnaire was pushed on people. Everyone agreed it MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT February 23, 1994 Page 6 was done in a tasteful manner. Mike stated that the driver announced what it was, passed it out and asked passengers to complete it and hand it back in. Jan asked if the Committee has heard the concept "The new boss" at the MTC. Steve stated he believes that the customer has always been the boss. Jan said that it is just more emphasis that the new boss is the customer at MTC. He stated Tom Sathre has put 44 new employees in the Maintenance Department alone, and he expects the responses to improve greatly. He also stated that MTC is really committed to putting the money where the product is. It is the first time MTC has put more money into maintenance and operations. Yvonne stated that about 29% of the respondents that indicated that they are interested in midday service or additional hours of operation. She asked if there was any further discussion about this issue. John Sweeney stated that there has been some thought but not much discussion, however, a meeting was scheduled for tomorrow morning to discuss the COA. Hugh stated that one of the items in the COA is this issue. John Mathews stated that if a midday bus was added it could be done quite quickly. He stated that somewhere between 10:00 and 2:00 to become more productive a vehicle is taken off the street and could be used to provide mid-day service from the Plymouth Road Transit Center. Joe asked if they couldn't start out by establishing a link with a bus like the 55. John Mathews stated he didn't know how reliable that would be. John Sweeney stated that we should publicize well in advance before making such a change. John Mathews asked if the 394 connection sounded reasonable. Yvonne thought it would be if they pick a noon 61 or 75 express as the one. John Mathews asked when most people want to catch a bus, and around noon or 12:30 seem to be the consensus. John, Steve, and Hugh will set up a meeting to talk about this issue. L. John Mathews stated that they have favorable comments about the Dial -A -Ride system on the ridership survey. One area he is paying particular attention to is people being on hold and waiting too long to find out about their ride, or to cancel a ride, etc. John stated they are testing a new phone line for just canceling a ride. This might encourage people to call and cancel rather than just get angry and hang-up and not cancel their ride, just not show up. At the same time they don't want to encourage canceling rides. This phone system is being tested somewhere else at the present time. M. John Sweeney asked John Mathews what the policy is and how you place a standing order. John stated if they have availability to accept a standing order and the person has demonstrated he or she is going to be a consistent rider, then he or she would be given the opportunity to place a standing order. We have to MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT X-16 February 23, 1994 Page 7 watch closely that those people are using their rides. We have some people who are placing standing orders and not using them. N. John Sweeney stated there seems to be some confusion about what vehicles were being used for school children. John understood that the same vehicles that were serving Metrolink were going to be used. John Mathews responded that during the peak period, they had more ridership than they could handle, so they took the Metrolink vehicles that were starting a little after the peak and added them in to supplement the Dial -A -Ride service so they wouldn't have to turn people down. O. Herb stated certain doors are drafty. Jan stated they went through and try to fix doors and replaced all of the rubber. Steve stated that the mechanism doesn't hold the door shut as it should at 55 miles per hour , it's not a sealed door. Herb asked when it's shut, does the back door overlap the front or vice versa. Jan stated that the front should overlap the back. Mike stated that front door on 1247 had a wide gap and was drafty. Jan stated he would take a look at the problem. The meeting adjourned at 9:10 p.m. The next PACT meeting will be held on March 16, 1994 at 6:30 p.m. and will include a tour of the F.T. Heywood garage. A Metrolink bus will pick up the PACT members at City Hall at 6:30 p.m. to transport them to the garage. After the tour, the meeting will be held in the MTC Council Chambers. A bus will then return the members to City Hall when the meeting is completed. XV -40 ROUTE 91 & 92 PLYMOUTH METROLINK SOUTHWEST DAILY RIDERSHIP BY SERVICE TYPE JANUARY 1994 WEEK OF: Route 91 Commuter Route 92 Reverse Commuter Total System 01/03 - 01/07 1361 448 1809 01/10 - 01/14 1247 446 1693 01/17 - 01/21 1056 469 1525 01/24 - 01/31 1498 615 2113 TOTAL: 5162 1978 7140 Daily Average 1990 1991 1992 Ridership: 246 94 340 Year To Date 387 381 340 Average: 246 94 340 ROUTE 91 & 92 COMBINED DAILY RIDERSHIP AVERAGES BY MONTH 1990-1993 MONTH: 1990 1991 1992 1993 1994 January 427 432 387 381 340 February 420 404 380 370 March 417 377 367 347 April 364 381 376 328 May 367 361 360 324 June 372 343 361 337 July 360 330 347 321 August 352 328 353 329 September 407 355 342 323 October 398 380 348 340 November 389 380 307 333 December 352 358 307 288 Year Long Average 373 368 358 335 340 ROUTE 93 PLYMOUTH METROLINK NORTHEAST DAILY RIDERSHIP JANUARY 1994 WEEK OF: ...................... 01/03 - 01/07 1702 01/10 - 01/14 1792 01/17 - 01/21 1538 01/24 - 01/31 2086 331 TOTAL: 7118 DAILY AVERAGE ...................... RIDERSHIP: 339 YEAR TO DATE .......... . ...... .................. .9 ...... . AVERAGE 339 DAILY RIDERSHIP AVERAGES BY MONTH ........... .. M ...... .. ............................. . M.. ...................... ............................ .............................. ....... ................... . .......... . ...... .................. .9 ...... . January --- 331 336 336 339 February --- 318 319 327 March --- 297 313 333 April --- 318 313 292 May --- 307 309 296 June 243 310 328 303 July 263 303 308 321 August 284 295 322 316 September 266 316 332 308 October 294 304 331 317 November 301 301 321 322 December 278 277 319 273 ................ . . . . . . . . . ............ . .......... . ................. .......... ............... ............... . . . . . . ......... . . . ...... ....... ....... ...... ............. ............ ............. YEAR LONG -AVERAGE: 276 306 321 312 339 7r 14 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF January, 1994 Cash Received ------- Man -Cash Fares -------- ------- Rides -------- Card Cards Sill Under No Senior/ Date -------- Rte fares Sales Recvd Transf. Later 6 Canc Show Regulr Student Chldrn TOTAL Miles Hours 01l03194 --- 70 --------------- 37.00 0.00 ------------------------------- 2.00 7.00 0.00 0.00 --------- 7 ----------------------------- 2 28 0 0 28 --------------- 144 6.75 01/03/94 70 18.50 0.00 2.00 3.00 0.00 0.00 0 2 14 0 0 14 125 7.00 01103/94 71 39.00 20.00 10.00 1.00 0.00 0.00 6 1 35 0 0 35 217 12.00 01/03/94 72 33.00 110.00 34.00 1.00 0.00 0.00 0 2 54 0 0 54 222 12."c5 01/03/94 73 17.50 10.00 17.00 0.00 0.00 0.00 6 1 29 0 0 29 157 9.50 01/03/94 74 0.00 0.00 9.00 0.00 0.00 0.00 0 2 9 0 0 9 36 1.25 01/03/94 -------- 74 4.50 0.00 2.00 0.00 0.00 0.00 0 0 5 0 0 • 5 17 1.50 Monday -------- --- --- --------------- 149.50 --------------- 140.00 ------------------------------- 76.00 ------------------------------- 12.00 0.00 0.00 --------- 19 --------- ----------------------------- 10 ----------------------------- 174 0 0 174 --------------- 918 -----------=--- 50.25 01104194 70 40.00 10.00 4.00 4.00 0.00 0.00 0 0 31 0 0 31 157 6.50 01104/94 70 21.00 0.000 I.Ov 4.00 0.00 0.00 2 4 18 0 0 18 114 6.00 01/D4194 71 28.50 40.00 26.00 0.00 0.00 0.00 6 5 43 0 0 43 261 12.00 01104/94 12 25.00 40.00 33.00 2.00 0.00 0.00 4 4 52 0 0 52 224 12.00 01104/94 73 27.00 10.00 19.00 1.00 0.00 0.00 4 1 36 0 0 36 191 9.25 01/04/94 74 0.00 0.00 9.00 0.00 0.00 0.00 0 0 9 0 0 9 18 1.25 01/04/94 74 5.00 10.00 2.00 0.00 0.00 0.00 0 0 5 0 0 5 17 1.50 -------- Tuesday -------- --- --- --------------- 146.50 --------------- 110.00 ------------------------------- 94.00 ------------------------------- 11.00 0.00 0.00 --------- 16 --------- ----------------------------- 14 ----------------------------- 194 0 0 194 --------------- 982 --------------- 48.50 01/05/94 70 23.00 0.00 2.00 4.00 0.00 0.00 2 0 20 0 0 20 124 6.25 01105/94 70 29.00 0.00 1.00 9.00 0.00 0.00 10 4 31 0 0 31 132 6.50 01105194 71 22.50 20.00 15.00 1.00 0.00 0.00 4 2 34 0 0 34 212 11.00 G 1105194 72 36.50 60.00 26.00 1.00 0.00 0.00 1 2 49 0 0 49 211 13.00 01105/94 73 21.00 10.00 20.00 2.00 0.00 0.00 3 1 36 0 0 36 187 9.25 01/05/94 74 0.00 0.00 7.00 0.00 0.00 0.00 2 2 7 0 0 7 28 1.25 01105/94 74 0.00 0.00 5.00 0.00 0.00 0.00 0 0 5 0 0 5 16 1.25 -------- --- Wednesday -------- --- --------------- 132.00 --------------- 90.00 ------------------------------- 76.00 ------------------------------- 17.00 0.00 0.00 --------- 28 --------- ----------------------------- 11 ----------------------------- 182 0 0 182 --------------- 910 --------------- 48.50 01/06/94 70 25.00 0.000 0.00 4.00 0.00 0.00 0 0 19 0 0 19 129 6.00 01/06/94 70 38.50 0.00 3.00 5.00 0.00 0.00 5 4 31 0 0 31 144 6.75 01/06/94 71 29.50 40.00 23.00 0.00 0.00 0.00 7 2 46 0 0 46 241 12.00 01/06/94 72 29.00 0.00 24.00 0.00 0.00 0.00 11 4 42 0 0 42 226 12.25 01106194 73 18.50 80.00 21.00 3.00 0.00 0.00 6 1 35 0 0 35 192 9.75 01106%94 74 0.00 0.00 5.00 0.00 0.00 0.00 0 0 5 0 0 5 14 1.50 01/06/94 74 0.00 10.00 6.00 0.00 0.00 0.00 0 4 6 0 0 6 34 1.25 -------- --- Thursday -------- --- --------------- 140.50 --------------- 130.00 ------------------------------- 82.00 ------------------------------- 12.00 0.00 0.00 --------- 29 --------- ----------------------------- 15 ----------------------------- 184 0 0 184 --------------- 980 --------------- 49.50 v1107194 70 60.50 0.00 3.00 3.00 0.00 0.00 5 8 40 0 0 40 152 7.75 01/07/94 70 3x.50 0.00 0.00 6.00 0.00 0.00 4 2 24 0 0 24 208 6.00 01107194 71 35.50 30.00 15.00 0.00 0.00 0.00 9 3 37"0 0 0 38 230 12.00 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF January, 1994 Cash Received ------- Nan -Cash Fares -------- ------- Rides -------- Card Cards Bill Under No Senior/ Date -------- Rte Fares Sales Recvd Transf. Later 6 Canc Shaw Regulr Student Chldrn TOTAL Miles Hours 01/07/94 --- 72 --------------- 36.50 10.00 ------------------------------- 25.00 1.00 0.00 0.00 --------- 9 8 ----------------------------- 49 0 0 49 --------------- 244 12.25 01/07/94 73 11.25 0.00 4.00 1.00 0.00 0.00 0 2 15 0 0 15 45 4.25 01/07/94 73 4.50 20.00 12.00 0.00 0.00 0.00 2 0 15 0 0 15 83 3.25 01/07/94 74 4.50 0.00 2.00 0.00 0.00 0.00 0 0 5 0 0 5 17 1.50 01/07/94 74 0.50 0.00 5.00 0.00 0.00 0.00 3 2 6 0 0 6 287 1.25 -------- Friday -------- --- --- --------------- 189.75 --------------- 60.00 ------------------------------- 66.00 ------------------------------- 11.00 0.00 0.00 --------- 32 --------- 25 ----------------------------- 192 ----------------------------- 0 0 '192 --------------- 1266 --------------- 48.25 01/08194 -------- 75 --- 25.00 --------------- 0.00 4.00 0.00 0.00 0.00 6 2 20 0 0 20 194 8.00 Saturday -------- --- 25.00 --------------- 0.00 ------------------------------- 4.00 ------------------------------- 0.00 0.00 0.00 --------- 6 --------- 2 ----------------------------- 20 ----------------------------- 0 0 20 --------------- 194 --------------- 8.00 01/10/94 70 14.00 0.00 1.00 3.00 0.00 0.00 1 2 12 0 0 12 124 5.50 01/10/94 70 22.50 0.00 3.00 7.00 0.00 0.00 4 4 22 0 0 22 141 6.50 01/10194 71 33.50 0.00 15.00 0.00 0.00 0.00 2 1 36 0 0 36 220 12.00 01110/94 72 25.00 50.00 29.00 0.00 0.00 0.00 7 6 43 0 0 43 189 12.00 01/10/94 73 14.50 20.00 17.00 1.00 0.00 0.00 7 0 2/ 0 0 27 162 8.25 01/10/94 74 0.00 0.00 2.00 0.00 0.00 0.00 0 0 2 0 0 2 21 1.50 01/10/94 74 0.00 0.00 7.00 0.00 0.00 0.00 4 0 7 0 0 7 25 1.25 -------- Monday -------- --- --- --------------- 109.50 --------------- 70.00 ------------------------------- 74.00 ------------------------------- 11.00 0.00 0.00 --------- 25 --------- 13 ----------------------------- 149 ----------------------------- 0 0 149 --------------- 882 --------------- 47.00 01/11/94 70 24.00 0.00 1.00 5.00 0.00 0.00 5 0 19 0 0 19 133 6.25 01/11/94 70 42.00 0.00 4.00 4.00 0.00 0.00 4 2 32 0 0 32 149 6.75 01/11/94 71 25.50 0.00 21.00 0.00 0.00 0.00 15 6 38 0 0 38 233 12.00 01/11/94 72 27.50 30.00 35.00 1.00 0.00 0.00 6 2 52 0 0 52 251 12.00 01/11/94 73 20.50 50.00 19.00 2.00 0.00 0.00 6 1 34 0 0 34 171 8.50 01/11194 74 5.00 0.00 1.00 0.00 0.00 0.00 1 1 4 0 0 4 17 1.50 01/11194 -------- 74 --- 0.00 --------------- 0.00 8.00 0.00 0.00 0.00 0 0 8 0 0 8 29 1.25 Tuesday -------- --- 144.50 --------------- 80.00 ------------------------------- 89.00 ------------------------------- 12.00 0.00 0.00 --------- 37 --------- 12 ----------------------------- 187 ----------------------------- 0 0 187 --------------- 983 --------------- 48.25 01/12/94 70 30.00 0.00 1.00 6.00 0.00 0.00 1 1 23 0 0 23 144 7.00 01112/94 70 34.00 30.00 3.00 7.00 0.00 0.00 9 6 30 0 0 3O 146 7.00 01/12194 71 28.00 0.00 11.00 0.00 0.00 0.00 13 1 31 0 0 31 224 11.00 01/12/94 72 31.00 60.00 25.00 1.00 0.00 1.00 6 2 45 0 0 45 225 12.00 01/12/94 73 24.00 0.00 18.00 2.00 0.00 0.00 8 0 35 0 0 35 194 9.25 01/12/94 74 0.00 0.00 9.00 0.00 0.00 0.00 i 1 9 0 0 9 30 1.25 01/12/94 -------- 74 --- 5.00 --------------- 0.00 2.00 0.00 0.00 0.00 0 0 5 0 0 5 21 1.50 Wednesday -------- --- 152.00 --------------- 90.00 ------------------------------- 69.00 ------------------------------- 16.00 0.00 1.00 --------- 38 --------- 11 ----------------------------- 178 ----------------------------- 0 0 178 --------------- 984 --------------- 49.00 PLYMOUTH TRANSIT DIAL -A -FIDE DATA SUMMARY - MONTH Or January, 1994 01117194 70 Cash Received ------- Nan -Casa Fares -------- 6.00 4.00 ------- Rides -------- 7 2 DI/17194 70 14.00 0.00 0.00 Card Cards 0.00 Bill Under No 31.50 4.00 Senior/ 0.00 0.00 0.00 ite Rte Fares Sales Recvd Transf. Later 6 Canc Show 1.00 Regulr Student Chldrn TOTAL Miles Hours -------- --- 01/13l94 70 --------------- 19.50 0.00 ------------------------------- 0.00 4.00 0.00 --------- 0.00 2 2 ----------------------------- 16 0 0 16 --------------- 118 5.50 01113194 70 41.00 10.00 2.00 7.00 0.00 0.00 7 2 34 0 0 34 143 6.00 011/13194 71 35.50 0.00 24.00 0.00 0.00 0.00 8 2 49 0 0 49 220 12.00 01/13(94 72 26.00 20.00 26.00 1.00 0.00 0.00 5 3 43 0 0 43 217 12.00 01113/94 73 26.00 0.00 14.00 2.00 0.00 0.00 4 4 33 0 0 33 202 9.50 ;;1/13194 74 3.50 0.00 2.00 0.00 0.00 0.00 4 0 5 0 0 5 17 1.50 01113/94 74 0.00 0.00 8.00 4.00 4.40 0.00 1 0 8 0 0 '8 30 1.25 -------- --- Thursday -------- --- --------------- 151.50 --------------- 30.04 ------------------------------- 76.00 ------------------------------- 14.00 0.00 --------- 0.00 --------- 27 13 ----------------------------- ISO ----------------------------- 0 0 188 --------------- 941 --------------- 47.75 .11114/94 70 16.50 0.40 2.00 3.00 0.44 4.00 3 3 13 0 4 13 9S S.50 :1/14194 70 23.50 0.00 2.00 6.00 4.00 0.00 12 3 22 0 0 22 136 6.50 ')1!14194 71 28.50 10.00 16.00 0.04 4.00 0.00 8 0 35 4 0 35 201 12.25 )1114/94 72 30.50 120.04 27.04 7.00 0.44 0.00 7 4 51 0 4 51 199 12.04 :1114194 73 21.50 4.00 17.40 1.00 0.00 0.00 9 1 30 0 O 30 188 S.75 :1/14194 74 5.00 4.00 2.00 0.00 0.04 0.00 0 0 5 0 4 5 17 1.50 01/14194 74 0.04 0.44 6.04 0.00 0.00 4.00 0 S 6 0 0 6 29 1.25 -------- --- rriday -------- --- --------------- 125.50 --------------- 130.00 ------------------------------- 72.00 ------------------------------- 17.00 0.40 --------- 0.00 --------- 39 16 ----------------------------- 1162 ----------------------- 0 0 162 - ----- --------------- 865 --------------- 47.75 01115/94 75 29.50 20.00 7.00 0.00 0.00 0.04 --------- 9 0 24 ----------------------------- O O 24 186 9.00 -------- --- Saturday -------- --- --------------- 29.50 --------------- 20.04 ------------------------------- 7.00 ------------------------------- 0.00 0.00 0.00 --------- 9 0 24 ----------------------------- 0 0 24 --------------- 186 --------------- 9.00 01117194 70 36.50 0.00 6.00 4.00 0.00 0.00000 7 2 DI/17194 70 14.00 0.00 0.00 4.00 0.00 0.00 3 1 01/17/94 71 31.50 4.00 5.00 0.00 0.00 0.00 4 1 C1/17194 72 34.00 30.00 6.00 1.00 0.00 0.00 8 1 01/17/94 73 12.00 --------------- 20.00 5.00 ------------------------------- 0.00 0.00 0.00 5 2 --------- -------- "or�dav -------- --- --- 128.00 --------------- 50.00 22.00 ------------------------------- 9.00 0.00 0.00 27 7 --------- 01118!94 70 56.00 10.00 3.00 4.00 0.00 0.00 4 4 91/18/94 71 32.04 0.00 7.00 0.40 0.00 0.00 15 0 "01118194 72 28.00 00.00 5.00 1.00 0.00 0.00 13 2 01/108194 73 17.50 10.00 7.00 1.00 0.00 0.00 6 1 01118/94 79 0.00 --------------- 400.00 0.000 ------------------------------- 0.00 0.00 0.00 O 0 -------- Tuesday -------- --- --- 133.50 --------------- 420.00 22_00 ------------------------------- 6.00 0.00 0.00 --------- 38 7 --------- 01119194 70 41.54 4.00 4.04 11.40 0.04 0.00 7 7 1!1119/94 70 24.25 0.00 1.00 5.04 0.CO 4.00 3 4 30 0 0 30 119 6.00 10 0 0 110 79 6.00 24 0 0 24 187 12.00 26 0 0 26 190 12.50 13 0 0 13 1116 8.00 ----------------=------------ 143 ----------------------------- 0 0 103 --------------- 691 --------------- -------------- 44.50 7 300 0 0 38 231 12.25 25 0 0 25 201, 12.00 22 0 0 22 223 12.00 18 0 O 18 149 8.00 0 0 0 0 0 0.00 ----------------------------- 103 ----------------------------- 0 0 103 --------------- 804 --------------- 44.25 39 0 0 39 153 6.50 22 0 0 22 140 6.25 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF January, 1994 Cash Received ------- Non -Cash Fares -------- ------- Rides -------- Card Cards Bill Under No Senior( Date -------- Rte --- Fares Sales Recvd Transf. later 6 Canc Show Regulr Student Chldrn TOTAL Miles Hours 31/19/94 71 --------------- 30.50 0.00 ------------------------------- 14.00 0.00 0.00 0.00 --------- 6 0 ----------------------------- 33 0 0 33 --------------- 180 10.50 2119/94 72 31.50 0.00 25.00 0.00 0.00 0.00 8 3 47 0 0 47 238 12.25 01/19/94 73 12.50 0.00 20.00 4.00 0.00 0.00 10 3 31 0 0 31 174 8.75 ^1119/94 74 0.00 0.00 7.00 0.00 0.00 0.00 0 0 7 0 0 7 26 1.25 D1119/94 -------- 74 --- 5.00 --------------- 10.00 3.00 0.00 0.00 0.00 0 0 6 0 0 6 22 1.50 Wednesday -------- --- 145.25 --------------- 10.00 ------------------------------- 74.00 ------------------------------- 20.00 0.00 0.00 --------- 34 --------- 17 ----------------------------- 185 ----------------------------- 0 0 185 --------------- 933 --------------- 47.00 11120194 70 43.00 10.00 4.00 8.00 0.00 0.00 no 1 37 0 0 37 166 6.50 1120/94 70 38.50 10.00 1.00 3.00 0.00 0.00 1 3 27 0 0 27 139 6.50 11/24194 71 27.50 40.00 26.00 0.00 0.00 0.00 5 6 46 0 0 46 234 13.00 _1120194 72 38.00 100.00 32.00 0.00 0.00 0.00 2 3 55 0 0 55 217 12.00 :1120194 73 24.00 50.00 18.00 1.04 0.00 0.00 6 4 33 0 0 33 116 8.50 :1;20194 74 0.00 0.00 3.00 0.00 0.00 0.00 0 0 3 0 0 3 21 1.50 :1120194 74 0.00 0.00 7.00 0.00 0.04 0.002 Q 7 0 0 1 25 1.25 -------- Thursday -------- --- --- --------------- 171.00 --------------- 214.00 ------------------------------- 91.00 ------------------------------- 12.00 0.00 0.00 --------- 24 --------- 17 ----------------------------- 208 ----------------------------- 0 0 208 --------------- 978 --------------- 49.25 /1121/94 74 37.50 0.00 2.00 4.00 0.00 0.00 5 6 26 0 0 26 176 7.00 :1121194 70 32.50 0.00 1.00 6.00 0.00 0.00 2 1 24 0 0 24 142 6.50 :1121194 71 37.00 30.00 16.00 0.00 0.00 0.00 7 1 35 0 0 35 200 12.00 -''.1[1194 72 38.00 40.40 28.00 1.40 0.00 0.400 3 2 52 0 0 52 225 12.04 :1121(94 73 9.50 0.00 1S.00 2.00 0.00 0.00 11 3 23 0 0 23 185 8.00 11121194 74 0.00 0.00 9.00 0.00 4.00 0.00 3 0 9 0 C 9 30 1.25 1121/94 74 4.04 4.00 3.00 0.00 0.00 0.00 3 0 3 0 4 3 19 1.50 -------- Friday -------- --- --- --------------- 154.50 --------------- 70.00 ------------------------------- 74.00 ------------------------------- 13.00 0.00 0.00 --------- 34 --------- 13 ----------------------------- 172 ----------------------------- 0 0 172 --------------- 977 --------------- 48.25 -71122/94 75 33.50 10.00 4.00 2.00 0.00 0.00 11 1 24 0 0 24 187 8.00 -------- Saturday -------- --- --- --------------- 33.50 --------------- 10.00 ------------------------------- 4.00 ------------------------------- 2.00 0.00 0.00 --------- 11 --------- 1 ----------------------------- 24 ----------------------------- 0 0 24 --------------- 187 --------------- 8.00 :1124/94 70 40.50 10.00 2.00 8.00 0.00 0.00 4 6 32 0 0 32 152 6.00 .1124/94 70 13.00 10.00 4.00 5.00 0.04 4.00 6 1 16 0 0 lb 111 6.40 -1124194 71 39.50 0.00 12.00 4.00 4.04 4.04 8 2 33 0 0 33 214 12.00 -1124/94 72 24.54 50.00 28.40 1.40 0.00 0.00 4 0 43 4 Q 43 226 12.00 :1124/94 13 8.54 50.00 23.00 1.00 0.00 0.00 4 0 33 0 0 33 185 8.00 11124194 74 0.00 0.00 7.00 0.00 0.00 0.00 3 1 7 0 0 1 40 1.25 11/24/94 74 --- 0.00 --------------- 0.00 3.00 ------------------------------- 0.00 0.00 4.00 3 0 3 0 0 3 18 1.50 -------- Monday -------- --- 126.00 --------------- 120.00 79.00 ------------------------------- 15.00 0.00 0.00 --------- 20" --------- 10 ----------------------------- 167 ----------------------------- 0 0 167 --------------- 942 --------------- 46.15 T-/6 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF January, 1994 Cash Received ------- Nan -Cash Fares -------- ------- Rides -------- -_ Card Cards Bill Under No Senior( Date -------- Rte --- Fares --------------- Sales Recvd ------------------------------- Transf. later 6 Canc Show Rqulr Student Chldrn TOTAL Miles Hours 11125/94 70 22.50 0.00 2.00 5.00 0.00 0.00 --------- 0 1 ----------------------------- 21 0 0 21 --------------- 127 6.00 )1125/94 70 48.00 10.00 4.00 4.00 0.00 0.00 2 4 35 0 0 35 131 b.50 )1/25/94 71 41.00 30.00 19.00 0.00 0.00 0.00 14 2 45 0 0 45 232 12.00 )1/25/94 72 39.50 30.00 32.00 2.00 0.00 0.00 6 3 59 0 0 59 240 12.50 )1125194 73 20.50 30.00 22.00 0.00 0.00 0.00 b 0 34 0 0 34 183 SJ 5 ;1125194 74 5.00 0.00 2.00 0.00 0.00 0.00 0 0 5 0 0 5 18 1.25 )1125194 -------- 74 --- 0.00 --------------- 0.00 11.00 ------------------------------- 0.00 0.00 0.00 0 0 it 0 0 11 35 1.25 Tuesday -------- --- 176.50 --------------- 100.00 92.00 ------------------------------- 11.00 0.00 0.00 --------- 28 --------- 10 ----------------------------- 210 ----------------------------- 0 0 210 --------------- 972 --------------- 48.25 ;1126194 70 42.50 0.00 3.00 11.00 0.00 0.00 9 1 40 0 0 40 158 6.50 4126/94 70 25.00 0.00 3.00 5.00 0.00 0.00 0 1 24 O 0 24 132 6.25 )1126' 194 71 28.50 0.00 9.00 0.00 0.00 0.00 9 0 27 0 0 29 201 11.00 ;1126/94 72 40.50 20.00 26.00 1.00 0.00 0.00 5 3 53 0 0 53 254 12.00 ;1!26/94 73 17.00 40.00 22.00 1.00 0.00 0.00 6 2 34 O 0 34 193 9.75 %1126194 74 0.00 10.00 8.00 0.00 0.00 0.00 0 0 8 0 0 8 33 1.25 :1/26/94 -------- 74 --- 0.00 --------------- 0.00 3.00 ------------------------------- 0.00 0.00 0.00 3 0 3 0 0 3 21 1.50 Kednesday -------- --- 155.50 --------------- 70.00 74.00 ------------------------------- 18.00 0.00 0.00 --------- 32 --------- 7 ----------------------------- 191 ----------------------------- 0 0 191 --------------- 992 --------------- 48.25 ai27/94 70 39.00 30.00 3.00 8.00 0.00 0.00 6 2 34 0 0 34 167 6.15 ;1127/94 70 27.50 0.00 3.00 6.00 0.00 0.00 0 0 27 0 0 27 144 5.75 )1/27194 71 23.50 0.00 26.00 0.00 0.00 0.00 11 0 45 0 0 45 225 12.00 )1127/94 72 22.00 30.00 30.00 1.00 0.00 0.00 3 9 45 0 0 45 226 12.00 1121194 73 21.00 10.00 21.00 1.00 0.00 0.00 5 2 37 0 0 37 192 9.00 :1127194 74 0.00 0.00 5.00 0.00 0.00 0.00 1 3 5 0 0 5 25 1.25 -'1!1/194 -------- 74 --- 4.00 --------------- 0.00 3.00 ------------------------------- 0.00 0.00 0.00 O 0 6 0 0 6 21 1.50 Thursday -------- --- 137.00 --------------- 70.00 91.00 ------------------------------- 16.00 0.00 0.00 --------- 26 --------- 16 ----------------------------- 177 ----------------------------- O 0 199 --------------- IO00 --------------- 45.25 ;1128194 70 27.50 0.00 1.00 6.00 0.00 0.00 1 3 25 0 0 25 145 6.25 1128/94 70 50.00 0.00 3.00 8.00 0.00 0.00 5 4 40 0 0 40 173 7.00 .1128194 71 35.00 20.00 18.00 0.00 0.00 0.00 13 1 40 0 0 40 223 12.00 :1128/94 12 33.50 10.00 28.00 1.00 0.00 1.00 9 4 51 0 0 51 220 12.00 1/28194 73 18.00 30.00 10.00 0.00 0.00 0.00 8 1 22 0 0 22 1680 8.50 '1128/94 74 0.00 0.00 4.00 0.00 0.00 0.00 4 2 4 O 0 4 31 1.25 '1128/94 -------- 74 --- 0.00 --------------- 0.00 22.00 ------------------------------- 0.00 0.00 0.00 0 0 2 0 0 2 45 1.50 Friday ------- --- 164.00 --------------- 60.00 66.00 ------------------------------- 15.00 0.00 1.00 --------- 40 --------- 15 ----------------------------- 104 ----------------------------- 0 0 184 --------------- 1005 --------------- 40.50 :1/Z9174 75 35.00 0.00 4.00 3.00 0.00 0.00 55 3 27 0 0 27 184 8.00 t w1b PLYMOUTH TRANSIT Total Total Total Total days in rionth = 25 Per Day Riders Hours Miles ------ -------- ------- ------- Totals on 21 weekdays 176 3687 1007.00 20052 Totals on 4 weekend daays 24 95 33.00 751 3782 1040.00 20803 ---- ------- ------- ---- ------- ------- Total Passengers per Hour 3.6 Total Miles per Passenger 5.5 PLYMOUTH TRANSIT DIAL -A -RIDE DATA SUMMARY - MONTH OF January, 1994 Cash Received ------- Nan -Cash Fares -------- ------- Rides -------- -- Card Cards Bill Under No Senior/ Date -------- Rte --- Fares --------------- Sales Recvd ------------------------------- Transf. Later 6 Canc Show --------- Regulr ----------------------------- Student Chldrn TOTAL Miles --------------- Hours -------- Saturday -------- --- --- --------------- 35.00 --------------- 0.00 ------------------------------- 4.00 ------------------------------- 3.00 0.00 0.00 --------- 5 --------- 3 ----------------------------- 27 ----------------------------- 0 0 27 --------------- 184 --------------- 8.00 01/31/94 70 15.50 0.00 6.00 4.00 0.00 0.00 2 1 19 0 0 19 157 6.00 01131/94 70 31.50 0.00 2.00 5.00 0.00 0.00 7 2 24 0 0 24 166 6.50 01/31194 71 48.00 10.00 13.00 0.00 0.00 0.00 3 1 36 0 0 36 197 12.00 01131/94 72 34.00 110.00 29.00 2.00 0.00 0.00 6 4 51 0 0 51 250 12.00 01/31%94 73 16.50 50.00 23.00 1.00 0.00 0.00 1 0 34 0 0 34 178 9.75 01131/94 74 0.00 0.00 9.00 0.00 0.00 0.00 0 0 9 0 0 9 47 1.25 01131%94 -------- 74 0.00 0.00 2.00 0.00 0.00 0.00 0 0 2 0 0 2 46 1.50 Monday -------- --- --- --------------- 145.50 ---------------- 170.00 ------------------------------- 84.00 ------------------------------- 12.00 0.00 0.00 --------- 19 --------- 8 ----------------------------- 175 ----------------------------- 0 0 175 --------------- 1041 --------------- 49.00 TOTALS 3201.00 --------------- 2310.00 1562.00 ------------------------------- 285.00 0.00 2.00 651 --------- 273 3782 ----------------------------- 0 0 3782 20803 --------------- 1040.00 PLYMOUTH TRANSIT Total Total Total Total days in rionth = 25 Per Day Riders Hours Miles ------ -------- ------- ------- Totals on 21 weekdays 176 3687 1007.00 20052 Totals on 4 weekend daays 24 95 33.00 751 3782 1040.00 20803 ---- ------- ------- ---- ------- ------- Total Passengers per Hour 3.6 Total Miles per Passenger 5.5 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES MARCH 9, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Virginia Black, Jack Hill, Ed Albro and Linda Oja. MEMBERS ABSENT: Commissioners Barb Stimson and Allen Ribbe. STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Planning Supervisor Barb Senness, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: MOTION by Commissioner Albro, seconded by Commissioner Oja, to approve the February 23, 1994 Planning Commission Minutes. Vote. 4 Ayes, Commissioner Black abstained. Motion carried. CARLSON REAL ESTATE COMPANY (94010) Chairman Stulberg introduced the request by Carlson Real Estate Company for a Preliminary Plat and Final Plat for Carlson Center 12th Addition for a 3 -lot commercial subdivision located at the southeast corner of I-494 and Carlson Parkway. Associate Planner Keho reviewed the February 28, 1994 staff report. Commissioner Black asked about the number of parking spaces which would be required and how our requirements compared to those of the City of St. Louis Park. Associate Planner Keho stated he was not familiar with St. Louis Park's requirements and that staff would not review this count until the Site Plan application. Director Hurlburt stated that when the Site Plan is presented we can expect the parking spaces to meet requirements. Chairman Stulberg introduced Ms. Linda Fisher representing the petitioner. Ms. Fisher stated that they concur with the conditions in the staff report and were available to answer any questions. Planning Commission Minutes March 9, 1994 Page 21 Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the request. MOTION by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Estate Company for a Preliminary Plat for Carlson Center 12th Addition for a 3 -lot commercial subdivision located at the southeast corner of I-494 and Carlson Parkway, subject to the conditions listed in the February 28, 1994 staff report. Commissioner Albro asked at what stage the site considerations would be discussed. Chairman Stulberg stated that site considerations are discussed at the Site Plan stage. Director Hurlburt stated that staff has already been discussing some of these things such as elevations, landscaping, driveways, and parking which will be a part of the Site Plan. She said that she expects a Site Plan could be submitted in about a month. Commissioner Albro stated that there were two stands of trees on the site that he would like to see remain intact. Ms. Fisher stated that the general grading plan shows that these wooded areas would remain intact. Commissioner Albro asked if a privacy fence would be built the full length of the site to buffer the neighborhood. Ms. Fisher stated that Carlson Real Estate stated at a previous hearing that they would be willing to erect an 8 foot fence along Berkshire Lane to buffer the neighborhood. She said that staff advised them that this fence would require the full approval of the neighborhood because this height was higher that what was allowed in the ordinance and it would have to be placed on private property. She said they were still willing to install this fence. Chairman Stulberg stated this could be discussed at the Site Plan stage. Roll Call Vote. 5 Ayes. Motion to approve the Preliminary Plat carried on an unanimous vote. MOTION by Commissioner Albro, seconded by Commissioner Black to recommend approval of the Final Plat for Carlson Center 12th Addition for a 3 -lot commercial subdivision located at the southeast corner of I-494 and Carlson Parkway, subject to all conditions listed in the February 28, 1994 staff report. Planning Commission Minutes March 9, 1994 Page 22 Roll Call Vote. 5 Ayes. Motion to recommend approval of the Final Plat carried on an unanimous vote. CARLSON REAL ESTATE COMPANY (94014) Chairman Stulberg introduced the request by Carlson Real Estate Company for a Preliminary Plat, Site Plan and Conditional Use Permit for a Super America convenience store; a Conditional Use Permit and Site Plan for a fast food restaurant; and, a Variance from the Subdivision Code for the creation of a lot without frontage on a public street, for property located at the southeast corner of I-494 and County Road 6. Associate Planner Keho reviewed the February 28, 1994 staff report. Commissioner Hill asked if the City had any standards as to how close a gas station should be to another gas station, or how large an area a gas station should service. Associate Planner Keho responded that the City did not have any data on this subject. Commissioner Black asked if the storm water pond would be separated from the wetland to keep out the oil, gas and other chemicals from the service station. City Engineer Faulkner stated that the storm water pond location had not been fully addressed at this time but would be done when the weather is nicer. It is classified as a wetland. Director Hurlburt stated that the design of the storm water pond was not complete but it would have to meet NURP regulations. Commissioner Hill asked if the possibility of people driving down the street and making a U-turn had been addressed. City Engineer Faulkner stated that a "No U -Turn" sign may have to be installed. Chairman Stulberg introduced Mr. John Paulson, of KKG Architects, representing the petitioner. Mr. Paulson reviewed the request, and stated that the site would not be visible from the Interstate Highway. He said that pylon signage was not planned because the site would be strictly for use by the surrounding industrial area. He displayed the building exterior design and discussed the restaurant size footprint as being typical of any fast food restaurant. He said that two issues remain: the removal of the advertising sign along I-494; and, the traffic signalization at the intersection on County Road 6. Planning Commission Minutes March 9, 1994 Page 23 Chairman Stulberg introduced Mr. Steve Pellinen, HTPO Engineering, Inc., also representing the petitioner. Mr. Pellinen stated that the billboard sign was currently within the existing property line and he proposed that the property line be relocated so that the billboard could remain. Asking that this request be approved with this line relocated. He said that the right-of-way ramp line used was from an old survey and that the State of Minnesota did not obtain the property right-of-way at the time the ramp was built. Mr. Brad Lis from Carlson Real Estate Company stated that the dedication of the right- of-way became a complicated issue because of the sign and there never was a meeting of the minds as to where the new property line should have been after the right-of-way was dedicated. The issue got dropped and it was never finished. The sign was the problem and it was always the intent that the sign remain on the Carlson property. Commissioner Black asked who owned the property. Mr. Lis stated that Carlson Real Estate Company owned the property including the portion that was to be dedicated to the State as right-of-way. Mr. Pellinen stated that the State would determine whether the fence on the property would remain or have to be removed and they would abide by the State's decision. Commissioner Black asked if a variance would be required if the sign was to remain. Associate Planner Keho stated that the State may require that the sign be removed if it is located on the right-of-way. Commissioner Black asked if it was up to the Commission to determine where the new property line would be. Chairman Stulberg stated that the Planning Commission could determine whether or not they want the sign removed if it remained on Carlson property. Mr. Lis stated that the movement of the property line was a new issue that arose after the staff report was written. He said they had just discovered the history of the property line. Director Hurlburt stated that there would need to be a condition added to the staff report if the sign was to remain, if it was on the Carlson site. Commissioner Oja stated that she was concerned that Lot 4 did not have street access and that she did not feel this was the best way to develop the site. T. 1. C - Planning Commission Minutes March 9, 1994 Page 24 Mr. Lis stated that the easement proposed would allow access to this site. Mr. Lis stated that any development on this site would result in the same traffic concerns. Chairman Stulberg asked if more cuts onto County Road 6 would eliminate the traffic concerns. Associate Planner Keho stated that Hennepin County stated that only one access would be allowed onto County Road 6 as shown in the current design. City Engineer Faulkner stated that the storm drainage pond was currently in place, but would be expanded to accommodate the drainage. Commissioner Oja stated that she did not feel that the design of having to drive through the Super America site to get to the fast food restaurant was the best way to plan the traffic flow and that it seemed it might cause some congestion. Commissioner Black asked why run the buildings north/south rather than east/west. Mr. Lis stated that an east/west design would cause more congestion. He said that there was enough stacking for 10 cars for the fast food restaurant which would be more than enough to eliminate any congestion. Mr. Paulson concurred that there would not be enough space if the design were turned around as suggested . Director Hurlburt stated that a sign could be placed at the entrance driveway for Super American encouraging drivers to proceed to the far entrance for entrance to the fast food restaurant. Chairman Stulberg opened the Public Hearing. Chairman Stulberg introduced Mr. Robert Videen of 1151 Kingsview Lane. Mr. Videen stated that he was happy to see this plan, as the neighborhood really needs this development. He said he would like to have a sidewalk along County Road 6 so those in the neighborhood could ride bikes or walk to the site. He said he wanted the advertising sign removed because it would become their advertising sign if left on the property. He said that he also had concerns about the storm water drainage pond. Chairman Stulberg closed the Public Hearing. Planning Commission Minutes March 9, 1994 Page 25 X. I,� Associate Planner Keho stated that the trail plan does not show an extension of the trail along County Road. Chairman Stulberg asked if the parking stalls against the proposed fast foot restaurant building would interfere with those driving to the driveup window. He said that if stacking was more than 10 cars it would extend into the parking stalls for use by the indoor patrons of the restaurant. Mr. Paulson responded that it would be very unlikely to have stacking of over 10 cars. Director Hurlburt stated that the drive aisles were wide enough for 2 cars to pass easily. Commissioner Albro asked if the existing CMG parking lot would be separated by some sort of barrier to discourage access into the lot for drivers wanting to drive down the road so that they could turn around to drive back east. Associate Planner Keho stated that no changes were planned to other property in the area such as CMG industrial building. Commissioner Hill stated that traffic might use this lot to make a U-turn. Commissioner Oja asked if any thought had been give to placing a public street in this area. Associate Planner Keho stated there were no plans for any additional public streets in this area. City Engineer Faulkner stated that it would cost of $60-$70 thousand to install a traffic signal at this intersection. Mr. Lis stated that they want the traffic signal at this intersection. He said it would benefit this site as well as truck traffic from the CMG building. He said he did not feel people would use the CMG site as through street. MOTION by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Estate Company for a Preliminary Plat for a Super America gas station located southeast of I-494 and County Road 6, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Albro, seconded by Commissioner Hill, changing Conditions No. 10 to state that the removal of the sign on Lot 4 must be done prior to recording of the final plat. Planning Commission Minutes March 9, 1994 Page 26 Commissioner Albro stated that he thought they would need a pylon sign on the site. Associate Planner Keho stated that pylon signage was prohibited by a condition in the staff report. Roll Call Vote on Motion to Amend. 4 Ayes. Commissioner Oja voted Nay. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albro to recommend that PRAC review the trail plan to continue the trail along County Road 6 to this site. Associate Planner Keho stated that there were no future plans for a trail on the east side of this site which would connect to this proposed amendment. Chairman Stulberg withdrew the amendment, Commissioner Albro concurred. Roll Call Vote on,Main Motion. 4 Ayes. Commissioner Oja voted Nay. Motion carried on a 4-1 vote. MOTION by Commissioner Albro, seconded by Commissioner Hill to recommend approval of the request by Carlson Real Estate Company for a Site Plan and Conditional Use Permit for a Super America Convenience Store, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Albro, seconded by Commissioner Black to include a condition which states that entrance signage shall be installed to indicate that the first entrance on the site would be for access to the gas station, and, that patrons of the fast food restaurant were to use the next entrance on the site for access. Commissioner Hill stated he felt the applicants would do whatever is best to move the traffic on the site. Director Hurlburt stated that it would be useful to have this language as a condition in the resolution. Roll Call Vote. 5 Ayes. Motion carried on an unanimous vote. Commissioner Hill stated that he was not a proponent of having a traffic light at this intersection, but he questioned whether there would be a safety issue in the future without one. He asked if a traffic signal should be considered at this time or if we should wait until it's needed. City Engineer Faulkner stated there was the potential in the future that this intersection would become a safety issue without a traffic signal. T01. Planning Commission Minutes March 9, 1994 Page 27 Chairman Stulberg stated that if a left turn was restricted at the intersection, it would be unusual for someone to make a left turn. Commissioner Hill asked if Hennepin County made any reference to any signalization at this intersection. Associate Planner Keho stated that Hennepin County stated that they would go along with whatever the City decided. Commissioner Albro stated that the petitioner should pay for the traffic signal if it was recommended and approved. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Albro to add to Condition No. 12 language stating "unless signalization is approved" Commissioner Hill stated that language should be added to the Motion to Amend stating that "unless signalization is approved for safety reasons"; and, that "the applicant would pay for the installation of the traffic signal". Chairman Stulberg and Commissioner Albro agreed to have this language added to their Motion to Amend. Mr. Lis stated that they met with County and were told they were not concerned with a traffic signal at this location. He said he would have Strgar look at the site intersection as a safety issue. Director Hurlburt stated that the Strgar report did state that a signal would be warranted at the intersection. City Engineer Faulkner stated that he would like to see some additional analysis done on this intersection relating to the safety issue. Roll Call Vote on Motion to Amend 5. 5 Ayes. Motion carried on an unanimous vote. Roll Call Vote on Main Motion as twice amended 5 Ayes. Motion carried on an unanimous vote. MOTION by Commissioner Albro, seconded by Commissioner Black to recommend approval of the request by Carlson Real Estate Company for a Site Plan and Conditional Use Permit for a Class II Restaurant to be located at the southeast corner of I-494 and County Road 6, subject to all conditions listed in the February 28, 1994 staff report. E /- Planning Commission Minutes March 9, 1994 Page 28 Commission Albro asked why pylon signage was prohibited in Condition No. 11. Associate Planner Keho stated that this condition was requested by petitioner. He said this retail use was to serve only the industrial district. MOTION by Commissioner Albro to delete Condition No. 11 which prohibited pylon signage. MOTION died for lack of a second. Commissioner Albro stated that his intent was to leave the door open in case the site occupants felt additional signage was needed. Associate Planner Keho stated that the applicant could come back to the Planning Commission with a Conditional Use Permit Amendment for additional signage. Roll Call Vote. 4 Ayes. Commissioner Oja voted Nay. Motion carried on a 4-1 vote. Chairman Stulberg called a recess at 8:35 p.m. The meeting reconvened at 8:45 p.m. METROQUIP, INC. (94015) Chairman Stulberg introduced the request by Metroquip, Inc. for a Conditional Use Permit for an industrial equipment rental business and outside storage at 25th Avenue North just east of Cheshire Lane. Associate Planner Keho reviewed the February 28, 1994 staff report. Chairman Stulberg introduced Mr. George Klein representing the petitioner. Mr. Klein stated that he was in agreement with the staff report. Commissioner Hill asked if this request was for a new use. He asked if had only been a corporate use equipment up to this time. Mr. Klein stated that it was a new use. The company saw the need for rental of industrial equipment to enhance their business. Commissioner Oja asked if the storage area would be blacktop, and whether the fence would be outside or inside the line of trees. Mr. Klein responded that the trees would be would on the outside of the fence. He said they would plan 4 -foot Mugho pines. Planning Commission Minutes March 9, 1994 Page 29 Commissioner Oja asked if additional trees could be staggered along the storage area. Associate Planner Keho stated that the other side of the storage area was the access point to the site and the parking area. Mr. Klein stated that additional trees in this area would screen the old building from the new building and divide the site. Commissioner Oja asked in the applicant would add additional trees on south side of the site. Mr. Klein stated that this would be agreeable. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the application. MOTION by Commissioner Black seconded by Commissioner Albro, to recommend approval of the request by Metroquip, Inc. for a Conditional Use Permit for an industrial equipment rental business and outside storage at 25th Avenue North just east of Cheshire Lane, subject to all conditions listed in the February 28, 1994 staff report. MOTION to Amend by Commissioner Oja, seconded by Commissioner Albro, to add 11 additional trees for a total of 22 evergreen trees, in addition to the fencing and the trees already proposed on the south side of the site. Roll Call Vote on Motion to Amend. 4 Ayes. Commissioner Hill voted Nay. Associate Planner Keho discussed the wetland mitigation plan that was approved for this site previously at the request of Commissioner Hill. Commissioner Albro commented that this was a good location for this type of business. Roll Call Vote on Main Motion as once amended. 5 Ayes. Motion carried on an unanimous vote. WETLAND ORDINANCE AND SCHEDULE Barb Senness discussed the schedule for the approval of this ordinance stating that the schedule was set by the City Council. She discussed the memo presented to the Commissioners relating to setbacks, buffer zones and classifications. The present ordinance allows for wetlands to be part of the it 1 � /- C'`. Planning Commission Minutes March 9, 1994 Page 30 rear yard setback. This proposal calls for a rear yard setback and buffer zone between a principal structure and the wetland. She showed some mapping of the effects of this proposed ordinance on two current developments in process with examples of rear yard setbacks of 25 feet and buffer zones of 30 and 50 feet, which showed the number of building sites that would be lost with each setback. She said that these setbacks and buffers could affect city design, sprawl, undevelopable land, etc. She said that buffer areas in residential areas could eventually become part of the back yards and that enforcement is an issue. Commissioner Oja asked who owned the wetland areas. Planning Supervisor Senness responded that the homeowner would own the area but it would be controlled by the City. Commissioner Black stated that at the Water Quality Commission meeting on Tuesday evening an informal vote was taken and most participants wanted a 50 -foot buffer around the wetlands. She said most research indicated that a 50 -foot buffer would be best. She said she felt that natural and ag/urban classified wetlands should have the same requirements as the ag/urban could rejuvenate itself. She said that the artificially created ponds did not need a buffer. Commissioner Hill asked if the primary reason for a buffer area was to protect the wetland from runoff and/or sediment. Commissioner Black stated that a 30 -foot buffer protects the wetland from runoff and/or sediment but that a larger buffer was better protection for wildlife. Commissioner Hill stated that he would like staff to bring back information on what other communities are doing to protect the wetlands. City Engineer Faulkner stated that the protection of water quality is affected by phosphorus in fertilizers and these chemicals should be restricted next to wetlands. Director Hurlburt stated that use of chemicals could be restricted for the entire City. Commissioner Hill asked what actually was the goal the City wanted to accomplish. Commissioner Oja asked how the ordinance would it be enforced. Planning Supervisor Senness stated that Maple Grove intends to use helicopters. Planning Commission Minutes March 9, 1994 Page 31 Commissioner Hill asked if the City had a good inventory of the wetlands. City Engineer Faulkner stated that the City does not have a good inventory of the wetlands. Director Hurlburt stated that developers will have to have their parcels surveyed as part of their application. Planning Supervisor Senness stated that the City of Chanhassen had all their wetlands classified prior to development and it was very costly. She suggested it be done at the time of development. Chairman Stulberg stated that the purpose and intent of the ordinance could change the density. He said that the past few years smaller lot sizes were approved which created more density. He said that we needed to be cautious that this ordinance does not increase density and in turn create traffic problems. Director Hurlburt stated that this ordinance would not necessarily change density, but would change lot lines. She said we need to look at the developable portion of the site and change the layout to respond to the characteristics of the site. Commissioner Albro stated that he was distressed at the push to get an ordinance enacted. He said the staff should come up with an interim plan so there would be a lot more time to study this issue. He said that a reduction in density where City streets and services are already in place would take more houses off the tax roles and the services would not be used to capacity. He said that the reductions in services would increase costs to existing taxpayers. He said he felt a thorough study needed to be done, or this could be a potential disaster for the City. Planning Supervisor Senness stated that the City Council directed the pace of the schedule and that there could be some legal problems with future development if an interim ordinance is enacted. Commissioner Albro asked if the State Wetlands Act of 1991 established a buffer zone. He said he can see a need for a buffer but would like to know what was in excess of the State Wetlands Act. Planning Supervisor Senness stated that a buffer was not a part of the Wetland Act, and the State does not specify classification of wetlands. She said the State may be looking at classification in the future. Director Hurlburt stated that the ordinance will need to be to crafted for existing development as well as new development impacts. T. /- t. Planning Commission Minutes March 9, 1994 Page 32 Commissioner Albro asked what legal problems an interim ordinance would create. Director Hurlburt stated we could be said to be arbitrary and capricious by approving an interim ordinance for a short time; and, developments already in process could create problems. Commissioner Black stated that a quick decision would protect the City from being accused of taking or being arbitrary and capricious. She said that taking issues would have the most impact on developments already in process, and less impact on future developments. Director Hurlburt stated that those applications in process will have to be defined as to how they would be phased into the new plan. IT 'W /V� Ot Commissioner Albro asked for a definition of the mission for this ordinance; was it water quality, habitat or what. He said that Plymouth was a City, and there are places for the type of living being discussed regarding wetlands. Planning Supervisor Senness stated that primary consideration has been preservation of water quality. Commissioner Albro stated that he wants to see a matrix of the proposal, what others are doing, and, what are we doing that is in excess of the wetland act. Planning Supervisor Senness stated that the buffer and classification of the different wetlands were the only differences from the wetland act. Director Hurlburt asked who would decide the classification of the different wetlands. Planning Supervisor Senness responded that the City would identify the criteria to be used to identify each type of wetland. Criteria would indicate type of species found and adjacent land uses. Commissioner Albro asked if there would be some provisions made for changes in holding ponds. City Engineer Faulkner stated that there could be provisions for exemptions. Commissioner Black stated that changes from NURP ponds to wetlands could be protected. Commission Albro stated that a 4th classification ought to be artificially created areas that have regenerated into a wetland. Planning Commission Minutes March 9, 1994 Page 33 Associate Planner Keho stated that the only unprotected areas would be sedimentation ponds, even though they take on wetland characteristics. Chairman Stulberg stated that with the many issues raised at tonight's meeting, the deadline for adoption may be too fast. He said he would have to wait until he sees the drafted ordinance. Commissioner Black stated that an interim ordinance would create more problems and in order to avoid battles the City needs to come to a decision. Planning Supervisor Senness stated the wetlands need to be looked as a value added and we should use the wetlands as a positive advantage in the City. Commissioner Albro stated that there are wetlands on most of the land left in the City that has not been developed. Commissioner Black stated that that is the reason we need an ordinance. Director Hurlburt stated that the Commission was also going to have to relook at the Shoreland issues. Chairman Stulberg asked that any wetland reports be mailed to the Commissioners as soon as they are ready. Planning Supervisor Senness gave the dates of the meetings that will be held the week of March 14 - 18 with developers and the public regarding the proposed wetland ordinance. Motion to adjourn the meeting by Commissioner Albro, seconded by Commissioner Oja. Vote. 5 Ayes. The meeting adjourned at 10:15 p.m. /` d Minutes of the Regular Meeting Board of Education, Independent School District 279 Maple Grove, Minnesota March 8, 1994 CALL TO ORDER A regular meeting of the Board of Education was held on Tuesday, March 8, 1994 at Garden City Elementary School. The meeting was called to order at 7:37 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 Mrs. Gall, seconded by Mr. Funk, to accept the printed OF AGENDA agenda. The motion carried unanimously. ADDITIONS Three items were added to the printed agenda: an announcement; TO AGENDA a presentation; and a brief discussion of the 1994-95 calendar. PARK CENTER Four students and their director Duayne Malewicki from the Park MUSICAL Center musical, "Hello, Dolly," entertained with a song and invited all to attend one of their performances. LEGISLATIVE State Representative and House Majority Leader Phil Carruthers REPORT spoke briefly on several issues currently being debated in the Legislature, e.g. the tax shift, the basic funding formula, the referendum levy subtraction, and youth crime. OPEN FORUM No one addressed the Board in Open Forum. HOST Ron Luehmann, principal, welcomed the Board and audience to Garden SCHOOL City. He introduced Renee Sagmoe, music teacher, and a group of fifth REPORT graders, who sang a Liberian Welcome Song. Mr. Luehmann and teacher Dave Sibley described the school's Master Student Program. A group of students, led by teacher Nancy Brown, demonstrated the "Stop, Walk and Tell" method of conflict resolution. CONSENT Motion by Mrs. Forbes, seconded by Mr. Christensen, to approve items CALENDAR in the Consent Calendar as follow Minutes of the reEular meeting of February 22. 1994. Verified Accounts Payable dated March 8 1994. Minutes of the regular meeting, March 8, 1994 (page two) CONSENT Licensed Personnel: To acknowledge with appreciation the long-term CALENDAR service of Thomas Kammeier, and now to accept his retirement, effective 6/21/94. To accept the resignation of Ann Larson Ericson, effective 2/25/94; to grant child care leave to Cheri Lemberg, effective 5/19/94; to acknowledge contracts ending for Melody Baker, effective 3/4/94, Beth Johns, effective 3/18/94, Lynn Kozar, effective 3/25/94, Margo Tessman, effective 3/25/94, Nancy Tichey, effective 3/25/94, and Cynthia Wood, effective 3/25/94; and to employ Karen Simkins, effective 2/22/94. Nonlicensed Personnel: To accept the resignations of Nancy Kinsley, effective 2/28/94, and Sharon Tuseth, effective 2/25/94; to acknowledge position ending for Julie Harder, effective 2/25/94; to acknowledge change of status for Judy Fiala, effective 2/22/94; to acknowledge as returning from leave Anjali Singh, effective 3/14/94, and Nichole Yencho, effective 2/28/94; and to employ Roberta Kitzman, effective 3/94, Rhonda Lee, effective 2/16/94, Mary McFarland, effective 2/28/94, and Toni Scherling, effective 2/14/94. Contract for Services by and between Independent School District No. 279 and COMPAS, Inc., to provide an artist -in -residency program at Fernbrook Elementary. COMPAS shall be paid a total of $3,600 for twenty days. Nonresident Student Attendance Agreements Secondary Incoming: One nonresident student due to extenuating circumstances and three to finish the school year. Elementary Outgoing: Five resident students to finish the school year. Elementary Incoming: Two nonresident students to finish the school year. Elementary Outgoing 94-95: One resident student for child care and four due to extenuating circumstances. Student Trip by Weaver Lake sixth grade to St. Croix Environmental Center, March 8-10. Convention. Conference and Workshop attendance for Denny Krieger and June Gross - Site Tour for Technology Committee, Winona, February 8; Rachel Shoger and Dan Murphy - Minnesota Science Teachers Association, Duluth, February 25; Candace Gordon and Sara Dexter - Cognitive Coaching Facilitator Training, Crystal Lake, Illinois, March 2-4; Joyce Baumgarten - Leadership Institute for Science/Math, Alexandria, March 7-8; Etta Norwood - Human Diversity Train the Trainers, Michigan, March 14-18; Willie Johnson - Drug -Free Schools Conference, Chicago, March 12-15; Don Pascoe - Association of Supervision and Curriculum Development, Chicago, March 19-22; Jerry Buckanaga - Bemidji State University, April 21-24; Gretchen Peel, Maureen Ward, Stan Mack and Bill Tessman - MEEP, Brainerd, April 25-27; Elaine Winkels, Chris Danielson, Robin Gillispie, Pat Kasperson, Joyce Baumgarten, Nan Brown - MEEP, Brainerd, April 26-27; Linda Torfin - MEEP, Brainerd, April 27-29; Dan Wilson, Susan Janick, Carmy Mersereau, Linnell, Sathers, Tina Edgar, Marsha Flatgard, Tom Spindler, Bonnie Gahwiler and Dean Reiners - MEEP, Brainerd, April 28-29. Z., /f d Minutes of the regular meeting, March 8, 1994 (page three) CONSENT Summary Minutes of the meeting of the Student Advisory Committee CALENDAR and the School Board. The motion to approve the above items on the Consent Calendar carried unanimously. RESOLUTION Rick Oxenford, director of administration, introduced Ron Langness of BOND BIDS Springsted, Inc., who reported on the bond sales conducted in the morning. It was reported that 7 proposals for the purchase of the $20,050,000 General Obligation School Building Bonds, Series 1994A of the District had been received prior to 11:00 a.m., Central Time, pursuant to the Terms of Proposal; that the proposals had been opened, read and tabulated; and that the best proposal of each proposal maker was determined to be as on the attached document. (The purchaser for this issue is Goldman, Sachs & Company, New York, at an interest rate of 5.6742%.) Member Patience Gall introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE, DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION, DELIVERY AND REGISTRATION, AND PROVIDING FOR THE PAYMENT OF $20,050,000 GENERAL OBLIGATION SCHOOL BUILDING BONDS, SERIES 1994A. The motion for the adoption of the foregoing resolution was duly seconded by Member Ron Christensen, and 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. (Complete resolution on file in the Superintendent's Office.) RESOLUTION It was reported that 6 proposals for the purchase of approximately BOND $4,630,000 General Obligation Refunding Bonds, Series 1994B of the REFINANCE District (said amount being subject to adjustment in accordance with BIDS the Terms of Proposal), had been received prior to 11:00 a.m., Central Time,pursuant to the Terms of Proposal; that the proposals had been opened, read and tabulated; and that the best proposal of each proposal maker was determined to be as on the attached document. (The refunding of $4,630,000 of current debt was sold to Merrill, Lynch & Co, at an interest rate of 4.3355%.) Member Russ Funk introduced the following resolution and moved its adoption: RESOLUTION AWARDING THE SALE, DETERMINING THE FORM AND DETAILS, AUTHORIZING THE EXECUTION, DELIVERY AND REGISTRATION, AND PROVIDING FOR THE PAYMENT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1994B. The motion for the adoption of the foregoing resolution was duly seconded by Member Rick Krambeer, and 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. (Complete resolution on file in the Superintendent's Office.) - 1- d Minutes of the regular meeting, March 8, 1994 (page four) CONDEMNA- Following explanation by Rick Oxenford, Member Lynda Forbes TION OF introduced the following resolution and moved its adoption: LAND RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTIES BY EMINENT DOMAIN WHEREAS, Independent School District No. 279 (Osseo Area Schools) is charged with the responsibility of providing educational facilities to serve the needs of the citizens within its boundaries; and WHEREAS, the School District has determined that a new elementary school is required to serve the educational needs of the citizens within its boundaries and has invested significant time, effort and funds to plan such a facility; and WHEREAS, the School District has acquired a new site for the elementary school facility, which site has direct access to a public right of way, but needs to acquire an interest in an adjacent site in order to have a secondary access to the site to accommodate the needs of the planned elementary school facility; and WHEREAS, acquiring a secondary access to the site will ensure ingress and egress to the site in the event the primary access is blocked and such additional access will promote general safety and public welfare; and WHEREAS, there is only one such adjacent site which will adequately complement the new site and satisfy the needs of the planned elementary school facility; and WHEREAS, the School District has spent several months discussing a purchase of an easement across the site and negotiating with the owners of the site and has found that such owners are unwilling to sell an easement across the site for a price which is reasonable and have rejected all School District offers, including offers to purchase the easement at a premium price; and WHEREAS, the timing of the financing, construction and appropriate planning of the new elementary school facility requires that the School District take immediate steps to acquire an easement across the adjacent site to assure assembly of a complete site; and WHEREAS, the School District has the funds to acquire the site; NOW, THEREFORE, BE IT RESOLVED by Independent School District No. 279; 1. That the recitals set forth above are found to be true and incorporated in the body of this resolution as if fully set forth herein. 2. That the School District finds that acquisition of the easement schematically described on Exhibit A and legally described on Exhibit B ("Subject Property") is appropriate and necessary to ensure that adequate educational facilities are available to satisfy the educational needs of the public. Minutes of the regular meeting, March 8, 1994 (page five) CONDEMNA- 3. That in consultation with School District staff, the attorneys for the TION OF School District are directed to commence quick -take eminent domain OF LAND proceedings pursuant to Minnesota Statute Chapters 117 and 123 to acquire all rights, title and interest in the Subject Property. 4. That in consultation with School District staff, the attorneys for the School District are authorized to retain such appraisers, consultants and expert witnesses and incur such other costs and make such payments on behalf of the School District as are prudent or necessary to complete the eminent domain proceedings, including, but not limited to, surveying the Subject Property and completing an environmental audit of the Subject Property. 5. The staff and the attorneys for the School District are authorized to continue to negotiate the acquisition of the Subject Property throughout the eminent domain proceeding. Adopted by the School Board this 8th day of March, 1994. Superintendent The motion for the adoption of the foregoing resolution was duly seconded by Member Ron Christensen, and upon vote being taken thereon, the following voted in favor thereof. Christensen, Coughlin, Forbes, Funk, Gall and Krambeer; and the following voted against the resolution: No one; whereupon said resolution was duly passed and adopted. MUSIC Music Supervisor Wendy Barden, teacher Sue Moran, and students IN OUR Megan and Brandon Raatika presented the proclamation declaring SCHOOLS March as "Music in Our Schools Month." MONTH SCIENCE Don Pascoe, resource teacher, reported on the assessment phase of the PROGAM district's K-12 science program. He explained some of the forces causing change in science education. Mr. Pascoe clarified the principles for elementary science and for secondary science which will provide direction for developmental decisions in the years ahead. He also reported on the increasing involvement of students in external programs, e.g. Project Link and Kids in Chemistry. PROGRAM GIFTS TO THE Motion by Mr. Krambeer, seconded by Mr. Funk, to accept with great DISTRICT appreciation the following gifts to the district: from the Cedar Island PTO - $300, Birthday Club books; Edinbrook PTO - $785 - computer, camcorder at peer helpers recognition; Elm Creek PTO - $100, Wastebasket Revueyernbrook PTO - $4,500, author -in -residence, awards and volunteer coordinator salary; Orchard Lane PTA - $360, four cross-country skis and poles; Osseo Elementary PTA - $1,450, MacIntosh computer and printer; Palmer Lake PTA - $600, Long Lake scholarships; Park Brook PTO - $1,400, artist -in -residence and $200, classroom gifts. Minutes of the regular meeting, March 8, 1994 (page six) GIFTS TO THE From Sunny Hollow PTA - $1,989, one-half of volunteer coordinator DISTRICT salary; Oak View Parents - $42, puppets and books for Birthday Club; P almer Lake Student Council - $450, media books and supplies; Mary Cuthbertson - $1,000, computer for Sunny Hollow; Wal-Mart Corporation - $300, environmental grant to be dedicated to trees and plants or educational awareness for students at Edinbrook; Maple Grove Junior High Student Council - $470, display board; Mr. Kenneth Hudoba - $900, computer, monitor, disk drives and printer for Palmer Lake; TMC Tool, Inc. - $150, materials for supermileage vehicle at Osseo Senior High; Brooklyn Park Athletic Association - $500, materials for dugouts for Park Center girls fastpitch. The motion carried unanimously. VOLUNTARY Motion by Mr. Christensen, seconded by Mr. Funk, to adopt the METRO following resolution: INTEGRATION School District 279 supports cooperative development of voluntary metropolitan solutions to assure enrollment stability. Further, administration is authorized to initiate planning with other metropolitan districts and to seek state funding for implementation. On a roll call vote, the following voted in favor of the resolution: Christensen, Coughlin, Forbes, Funk, Gall and Krambeer; and the following voted against the resolution: No one; whereupon said resolution was duly passed and adopted. Motion by Mr. Krambeer, seconded by Mrs. Gall, to adopt the following resolution: That the District 279 Board of Education authorizes administration to engage in cooperative planning for voluntary metropolitan integration. Planning will include: 1. A clearly-defined process with identified outcomes. 2. Parent and community involvement. 3. Steps for obtaining state funding for cooperative desegregation models. On a roll call vote, the following voted in favor of the resolution: Christensen, Coughlin, Forbes, Funk, Gall and Krambeer; and the following voted against the resolution: No one; whereupon said resolution was duly passed and adopted. ANNOUNCE- a. Public meeting on budget adjustments, Tuesday, March 15, MENTS 7:30 p.m., Osseo Senior High Auditorium b. School Board work session on budget adjustments, Thursday, March 17, 7:00 p.m., Educational Service Center c. Next regular school board meeting, Tuesday, March 22, 7:30 p.m., Educational Service Center ANNOUNCE- Clair Coughlin and Patience Gall announced that they have filed for MENTS reelection to the School Board. Minutes of the regular meeting, March 8, 1994 (page seven) PRESENTA- Superintendent Ramsey presented Russ Funk with a certificate for TION completion of the Minnesota School Boards Association leadership development workshops. 1994-95 Discussion was held on the 1994-95 school calendar. Superintendent CALENDAR Ramsey reported that a bill allowing a pre -Labor Day start has passed out of committees in both the House and the Senate. If that bill becomes law, the district would be able to start classes on September 1. The two calendar options will be discussed in meet -and -confer with the O.F.T. next week, with final approval of a 1994-95 calendar at the March 22 school board meeting. ADJOURNMENT At 9:32 p.m., motion by Mrs. Forbes, seconded by Mr. Krambeer, to adjourn the meeting. The motion carried unanimously. Lynda Forbes, Clerk 7. /"` C. - INDEPENDENT SCHOOL DISTRICT 284 Wayzata, Minnesota BOARD OF EDUCATION Regular Meeting - February 14, 1994 MINUTES A regular meeting of the Board of Education of Independent School District Rear Mewing 284 was convened on Monday, February 14, 1994, 7:30 p.m. in the board room of the District Administration Building pursuant to due notice. The meeting was broadcast live on cable television Plymouth Channels 59/67 and Wayzata Channel 8, and delayed broadcast on Minnetonka Channel 35. Board Chair Howard Casmey called the meeting to order and Board Clerk Roll Call Patricia Gleason called the roll. The following School Boardmembers were present: Mr. Thomas J. Ahmann, Mr. Howard B. Casmey, Mrs. Patricia L. Gleason, Mrs. Debra L. Jamrogiewicz, Mr. Paul L. Landry, Mr. Michael J. Murphy, Mrs. Karen M. Parks, and Dr. David R. Landswerk, Ex Officio. Boardmembers absent: no one. Others present: Laura Tubbs Booth, Bruce R. Halgren, Jerry Vogt, Lucille M. Balombiny, Mary Powell, Eileen Kuehn, Jay Maxwell (PLYMOUTH SUN- SAELOR), Patty MacDonald (WEEKLY NEWS), John Waight, John Muchlinski, Grace McGarvie, Paula Peterson, Mark Gagstetter, Leslie Laub, Chloe Liebernecht (Wayzaya High School Student Council), Sara Olseth, Bob 1, Meinke, Jim Dvorak, Colleen Two Feathers, Larry Tuura, Kathi Wojtkiewicz, ' Patricia Sullivan, Stephanie Hames, Craig Paul, David Ferrens (Wayzata Education Association), Marvin Jacobson, Bonnie Johnson, John Litchy (Setter, Leach & Lindstrom), Howard Goltz (Setter, Leach & Lindstrom), Roger Worner (Setter, Leach & Lindstrom), Gary Wehr (Golden Valley V.F.W.),- Cindy Wehr (Golden Valley V.F.W.), Juliet Gopinath, Michael Hsu, Jim + Hartmann, and cable television director Tim Pattrin. '�X BOARD ACTION The following motions and resolutions were acted on by the School Board: A motion was made by Mr. Landry and seconded by Mr. Murphy to approve Minutes: the minutes of the Board of Education Organizational/Regular Meeting of January 10, 1994 January 10, 1994, and Special Meetings of January 13 and 24, 1994, as January 13, 1994 submitted. The motion passed unanimously on a 7-0 vote. January 24, 1994 A motion was made by Mr. Ahmann and seconded by Mr. Landry to approve Agenda Approval the agenda as submitted. The motion passed unanimously on a 7-0 vote. Wayzata Board of Education Regular Meeting - February 14, 1994 Superintendent Landswerk introduced the following representatives of Setter, Leach & Lindstrom: John Litchy, Howard Goltz, and Roger Worner. Mr. Litchy presented cost estimates and schedule options for a new secondary school facility. The more aggressive schedule called for a bond referendum on May 17, 1994, and completion of the school by February 1, 1997. The second schedule called for a bond referendum on December 6, 1994, and completion of construction by August 15, 1997. Discussion included the following topics: the aggressive schedule would permit more time to renovate the present high school into a junior high; and time needed for completion and approval of the Review and Comment. A motion was made by Mr. Murphy and seconded by Mr. Landry to adopt the "quick" schedule calling for completion of a new secondary facility by February 1, 1997. The motion passed unanimously on a 7-0 vote. (Copy of schedule attached.) Board Chair Casmey emphasized that this was a very aggressive timetable and it could change, particularly since negotiations for land purchase were ongoing. He further stressed that should the bond referendum pass, the Board would sell only enough bonds to purchase the land and not sell the rest to construct the new secondary facility unless the extra levy passed in November 1994; without the extra levy there would not be sufficient funds to staff and operate the new school. The Board requested Mr. Litchy provide them with cost comparisons for recently constructed high schools in the metropolitan area. Mrs. Jamrogiewicz indicated that the Board Secondary School Facility Subcommittee would work with Superintendent Landswerk to set up a meeting with District staff for the week of February 21, 1994. Mr. Casmey indicated the Board would need to make a decision on the configuration of the new facility by the middle of March to meet the timeline on the Review and Comment. Superintendent Landswerk reported that following discussion at the January 12, 1994, "Town Meeting" hosted by the Wayzata Coaches Association, it was suggested the School Board establish a committee on athletics. The charge would be to study and make recommendations on the identified needs of the athletic program. District 284 Athletic Director John Muchlinski reviewed the specifics of the charge and the recommended membership. A motion was made by Mr. Murphy and seconded by Mrs. Parks to establish a Community/School Task Force on Athletics as follows: Charge: To make recommendations by May 1, 1994, regarding the fol- lowing 1.- C. Minutes Page 2 New Secondary School Facility - Construction Timetable Community/ School Task Force on Athletics •I - e Wayzata Board of Education Minutes Regular Meeting - February 14, 1994 Page 3 (1) Philosophy of Athletics in District 284 Community/ (2) Junior High Athletic Program School Task (3) Gender Equity in Athletics Force on (4) Funding of Athletics Athletics (5) Other matters deemed appropriate (continued) Members: Jean Dovenberg Jerry Sisk Sue Gregor Roger Lipelt, Coach Ron Groth Bill Miles, Coach Bev McCoy John Muchlinski, Athletic Director Chris Pierson Patricia Gleason Administrator to be appointed by the Superintendent Board discussion included broadening representation on the task force, and a suggestion to consider representation from Plymouth Park and Recreation Department and someone outside of athletics for balance. Senior High Principal Paul indicated that the Task Force would have subcommittees that would incorporate individuals from a broad spectrum of interest areas. Mr. Muchlinski indicated the first meeting of the Task Force was scheduled for March 3, 1994, 7:00 p.m., Wayzata High School. Board Chair Casmey called for a vote on the motion to establish the Task Force; the motion passed unanimously on a 7-0 vote. Superintendent Landswerk reported that National Black History Month was Resolution - being commemorated during the month of February 1994. The schools had Black History planned special activities to emphasize the role Black Americans have played Month - in our Nation's history. He recommended adoption of the proposed resolution February 1994 and indicated it would be sent to all District schools. Boardmember Jamrogiewicz introduced the RESOLUTION - BLACK HISTORY MONTH - FEBRUARY 1994 and moved its adoption. The motion for adoption of the resolution was duly seconded by Boardmember Murphy. Board Clerk Gleason read the resolution. Upon vote being taken thereon, the following voted in favor thereof. Paul Landry, Michael Murphy, Karen Parks, Thomas Ahmann, Howard Casmey, Patricia Gleason, Debra Jamrogiewicz; and the following voted against the same: no one; whereupon said resolution was declared duly passed and adopted on a 7-0 vote. (Copy of resolution attached.) Jerry Vogt, Executive Director of Finance and Business Services, reviewed the Finance and routine financial items and recommended their approval. Business Services A motion was made by Mrs. Gleason and seconded by Mrs. Jamrogiewicz to approve the following Finance and Business Services recommendations: Wayzata Board of Education Regular Meeting - February 14, 1994 • Authorize the following disbursements: General Checking - January 1994 $ 1,439,305.09 Wire Transfer - December 1993 41,126,549.32 (Disbursement lists attached to official copy of Board minutes.) • Approve the following gifts to be used as designated: Amount: Donated by: Purpose: $ 27.95 Kimberly Lane P.T.A. Books, Partners in Art 400.00 Venture Foundation Grant, Student Assistance Center at Wayzata East Junior High Mr. Casmey called for a vote on the motion to approve the Finance and Business recommendations. The motion passed unanimously on a 7-0 vote. I-t Minutes Page 4 Disbursements Mr. Vogt highlighted the Monthly Financial Report which detailed fund and Monthly Financial budget status data as of December 31, 1993. The Board also received the Report November and December 1993 Student Activity Fund Reports. The reports December 31, 1993 were provided for information purposes only; no Board action was required. Student Activity Fund Reports (Reports attached to official copy of Board minutes.) Mr. Vogt reported that checks drawn on School District bank accounts were Resolution for signed using machine -signed signatures of the Board Chair, Clerk, and Machine Signed Treasurer. The recommended resolution authorized the process. Signatures Boardmember Murphy introduced the RESOLUTION FOR MACHINE - SIGNED SIGNATURES of the School Board Chair, Clerk, and Treasurer for 1993-1994, moved its adoption, and waived its reading. The motion for adoption of the resolution was duly seconded by Boardmember Jamrogiewicz; upon vote being taken thereon, the following voted in favor thereof: Karen Parks, Thomas Ahmann, Howard Casmey, Patricia Gleason, Debra Jamrogiewicz, Paul Landry, Michael Murphy; and the following voted against the same: no one; whereupon said resolution was declared duly passed and adopted on a 7-0 vote. (Copy of resolution attached to official copy of Board minutes.) Finance and Business Director Vogt reported that at the direction of the School Budget Board, the Administration developed a list of possible budget reductions for the Reductions 1994-1995 school year which was reviewed by the Board at the January work 19941995 session. This action A -as necessary in order for the District to recover from its deficit fund condition by the end of the 1995-1996 school year. A motion was made by Mrs. Gleason and seconded by Mr. Landry to approve the budget reductions for the 1994-1995 school year as recommended by the Administration. Wayzata Board of Education Regular Meeting - February 14, 1994 7-/-e, Minutes Page 5 There was Board discussion regarding the uncertainty of some of the items Budget Reductions listed under the section "Budget Savings." Mr. Murphy suggested an 19941995 amendment to address Board concerns that should the savings not materialize, (continued) the Board be informed in time to address the issue. A motion was made by Mr. Murphy and seconded by Mr. Landry to amend the motion to include the following three stipulations: the Administration will (1) monitor the proposed budget savings; (2) present a follow-up status report on the savings at the May Board meeting; and (3) recommend an alternative plan for Board action in June should the savings not materialize. The amendment passed unanimously on a 7-0 vote. Board Chair Casmey called for a vote on the motion to approve the budget reductions for 1994-1995 as amended with the three stipulations. The amended motion passed unanimously on a 7-0 vote. (Copy of Budget Reductions for 1994-1995 attached.) Laura Tubbs Booth, Executive Director of Human Resource Services, reviewed Human Resource the proposed personnel actions and recommended their approval. Service A motion was made by Mrs. Jamrogiewicz and seconded by Mrs. Parks to approve the following Human Resource actions as recommended: Resignations Resignations: Henke, Diane Approve the following resignations: Brooks -Golden, Debora Diane Henke, .7 Creative Living Teacher, effective January 21, 1994 Moran, Nicola Debora Brooks -Golden, Science Teacher (currently on leave) Os , John Nicola Moran, French Teacher (on leave for two years) John Osberg, Science Teacher (on leave for three years) Early Retirements Early Retirements: Anderson, Donald Approve the following early retirements effective at the end of the 1993-1994 O'Brien, Douglas school year: Donald Anderson, Communications Teacher and Chemical Dependency Counselor at Wayzata Senior High School Douglas O'Brien, Principal on Special Assignment Request for Leave Without Pay Request for Leave Without Approve the request for leave of absence without pay for the following teacher: Pay: Susan Rabago, Elementary Vocal Music Teacher, Oakwood School - Rabago, Susan effective February 7, 1994, and continuing for the balance of the 1993- 1994 school year 77' -I-C., Wayzata Board of Education Minutes Regular Meeting - February 14, 1994 Page 6 Contract Modification Contract Approve the following contract modification: Modification: Elizabeth Richards, Special Education/Gleason Lake School, from .5 to Richards, Elizabeth 1.0 Employments Employments: Glasgow, Michelle Approve employment of the following individuals: Kanndik, Sandra Michelle Glasgow, 1.0 Grade 1, Oakwood School (BA/Step 1, $12,549 for 100 days) - Replacing Vera Swanson who retired December 31, 1993 Sandra Kandik, .8 Creative Living, Wayzata Senior High (BA+60/Step 7, $13,724 for 93 days) - Replacing Diane Henke who resigned Employment of Long -Term Substitute Teachers Employment of Long -Term Approve employment of the following long-term substitute teachers who have Substitute Teachers: completed 30 days in the same position: Matuszak, PatriciaWaterFll, Bonnie Patricia Matuszak, 1.0 for Barbara Herbeck, Wayzata Senior High Bonnie Waterfill, 1.0 for Terry Olson, Gleason Lake School The motion passed unanimously on a 7-0 vote. Mrs. Booth reported that James Wall, Art Teacher at Wayzata West Junior Resignation: High School, had been on long-term disability for the past year and had not Wall, James recovered sufficiently to return to work. He had requested to resign effective March 1, 1994. A motion was made by Mr. Murphy and seconded by Mr. Landry to accept the resignation of James Wall effective March 1, 1994. The motion passed unanimously on a 7-0 vote. Board Chair Casmey reported that he had met with Boardmembers regarding Committee Structure various appointments and committee assignments for 1994. He thanked the Board/Leadership Boardmembers for the -;r willingness to serve and recommended approval action. Team Assignments Board Appointments A motion was made by Mrs. Parks and seconded by Mr. Murphy to approve for 1994 the Board of EducaLon 1994 Committee Structure, Board/Administration Leadership Team assignments, and Board Appointments for 1994. The motion passed unanimously on a 7-0 vote. (Copies of the Committee Structure, Leadership Teams, and Appointments attached.) Wayzata Board of Education Regular Meeting - February 14, 1994 OTHER BUSINESS Other business that came before the School Board included the following: • Honored Marvin (Thumper) Jacobson, Physical Education Teacher, as the February 1994 Employee of the Month from Wayzata West Junior High School. • Heard Chloe Liebernecht, representing the Wayzata Senior High Student Council, report on student activities including the following: Quiz Bowl, Band Festival, Debate, Diversity Day, sports, cheerleading, and Heart Week which started February 15 for the benefit of the Minnesota AIDS Project. • Received a check for $1500 from Golden Valley V.F.W. representatives Gary and Cindy Wehr for participation in the Voice of Democracy Program. He commended contest winners Juliet Gopinath and Michael Hsu, students at Wayzata Senior High School, and Grace McGarvie, Social Studies Teacher, who coached these students. • Heard Jim Dvorak and Colleen Two Feathers read their letter detailing physical assault and sexual harassment incidents involving their daughter at Wayzata East Junior High School. Copies of the letter were distribut- ed to the School Board. Boardmembers thanked them for bringing the matter to their attention and placed the item on the February 28, 1994, School Board work session agenda. Mr. Dvorak and Ms. Two Feathers were invited to attend the meeting, and the Board requested a report from the Administration. • Heard District Psychologists Kathi Wojtkiewicz, Patricia Sullivan, and Stephanie Hames voice their concerns regarding the proposed reduction of 1.7 Psychologist positions for the 1994-1995 school year. Board Chair Casmey thanked them for their input, and expressed the Board's concern about having to make any budget cuts, but felt they needed to keep the cuts as far away from the classroom as possible. • Heard Larry Tuura, Foreign Language Teacher, report on Diversity Day held at Wayzata Senior High School on February 3, 1994. On that day, students and staff participated in a number of activities designed to promote increased awareness and sensitivity to diversity. Mr. Tuura distributed copies of a summary of the day's activities which were planned by a committee of staff, students and community members, and copies of stories written by students about their feelings. Boardmembers who participated in various activities commented on their roles and reactions. Mr. Tuura reported that the day was very well received and plans were underway for another activity in the spring. e - Minutes Page 7 Other Business Wayzata Board of Education Minutes Regular Meeting - February 14, 1994 Page 8 • Heard John Waight, Jim Hartmann, and Bob Meinke present a status report from the Organizational Structure Task Force, which was one of five task forces formed last summer to address major needs identified by the Board/Administration Leadership Team. The report was very well received by the School Board and placed on the February work session agenda under a discussion of the Middle School Concept. • Heard Mrs. Gleason, Board representative to Hennepin Technical College, report on legislation to merge the technical colleges with the State community college system. She highlighted the problems the merger would present from a District 284 standpoint and indicated she would keep the Board informed. There being no additional business before the School Board, a motion was Adjourn made by Mr. Landry and seconded by Mr. Murphy to adjourn the meeting. The motion passed unanimously on a 7-0 vote, and the meeting adjourned at 9:38 p.m. LMB/5 Attachments: Setter, Leach & Lindstrom Schedule for May 17, 1994 Referendum Resolution - Black History Month Budget Reduction List for 1994-1995 Board of Education - 1994 Committee Structure Board/Administration Leadership Teams Board of Education - Appointments for 1994 M-2/09:94 09:22 FAI 612 338 4840 Sesser, notch & rladsaOm, P L 1300 Pew GWIdIng imAenue= &h S4= ' illane�potts.�a000ea sstoaz4S4 FhOft d/33as741 to 61z/3354MG SUL Comm No.: 0224.001.01-1 Client Pmje= independent School District No. 284 Secondary School Comprehensive Study Subject Schedule Memo By: John P. Iatchy Dam February 8, 1994 §545511101431 0002/003 MEMORANDUM 1994 March ZS Submit review and comment to the Minnesota Department of Education (QE) • Begin architectural program, • Purchase land • Contract for land survey (topographic and boundary) April 1 Complete survey information. April 8 • Meet with Administration/StafgCommittee and flesh out issues for the campaign (Decision Resources). April 20 • Complete land survey (topographic and boundary) Begin PraHminary site analysis (architect) Apra 25 • Receive approval of review and comment from UDE. May 17 • End campaign(Decision Resources). Bond election. • Begin site design (architect), (Rough grading) and building design. June 16 • Bid site design. July S • Receive site bids. August 31 • Complete rough grading site work 1995 - February Complete design and bid budding project. March 1 Receive bids. March 15 Award contracts. Break ground. • 22 months for construction 1997 February 1 • Complete construction .0 EqU& oAvarwKy r„ ODYW INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA BOARD OF EDUCATION Regular Meeting - February 14, 1994 MOLUTION BLACK HISTORY MONTM - FEBRUARY 1994 , Black Americans helped found our nation in innumerable recorded and unrecorded ways, as slaves, freedmen, workers, soldiers, homemakers, clergy, doctors, lawyers, research scientists, poets, artists, singers, novelists, and others; and WHEREAS, Black Americans have played and continue to play a critical economic, cultural, and social role in every sphere of our nation's life; and WHEREAS, It has only been since 1976 that the month of February has been identified as one in which the contributions of Black Americans are to be formally recognized nationally; and , Such identification helps schools, teachers, and students focus on those black men and women who have been so important in our nation's historical development; NOW, THEREFORE, BE IT RESOLVED by the Board of Education that the month of February 1994 is hereby designated as "BLACK HISTORY MOND" in Wayzata Indepen- dent School District 284. Adopted this 14th day of February 1994. and B. C m , Chair David R. Landswerk Board of Edu on Superintendent of Schools Approved: February 14, 1994 INDEPENDENT SCHOOL DISTRICT 284"` Wayzata, Minnesota BUDGET REDUCTION LIST for 1994 - 1995 tem Estimated Savings - Replace three experienced teachers with lower cast mid -year replacements $ 37,500 - Eliminate .5 Public Relations position 25,000 - Reduce 1.7 Psychologists 10,700 - Reduce Human Resource budget 25 000 - Reduce Vision 21 budget 19437 - Claim reimbursement for Special Ed Supervisors - Eliminate 10,000 Employee Assistance Program - Maintain ILS Lab but reduce licensing agreements 12,000 40,000 - Reduce PER budgets for curriculum writing - move into Staff Development 30,000 - Reduce Summer School budget 17 500 - Do not replace 10 -month high school secretarial Position 26,000 - Make Driver Training self-supporting 4 000 - Transfer Early Childhood Screening to Community Education 7.000 Sub -Total $ 264,137 udaet Savinas - Property and Casualty Insurance 30,000 - Interest Savings 125,000 Insurance Savings by rebidding Fringe Benefit Package 100,000 - Reduction in Transportation Costs by having all schools on common schedule 51,344 Sub -Total $ 306,344 GRAND TOTAL $ 570,481 BRH:bgs 27-20 APPROVED. February 14, 1994 INDEPENDENT SCHOOL DISTRICT 284 WAYZATA? MMNNESOTA - 1-,c OF EDUCATION 1994 CONEMT177EES'I'RUC'TM The School Board will function as a Committee of the Whole for the two Standing Committees, and establish Subcommittees and Ad Hoc Committees on an as -needed basis. The School Board will function as a Committee of the Whole for the two Standing Committees, each having a Boardmember serving as Chair and an Administrative Liaison. A Academic Servisps Committee Purpose: To review process and long-range planning recommendations; to develop and recommend policies. Meet Monthly at Board Work Sessions Com: Michael Murphy Administrative Liaison: Bruce Halgren, Executive Director of Academic Services B. Finance and Bu ness Services Committee PurpoSe: To review systems and Iong-range planning recommendations; to develop and recommend policies. Meet Monthly at Board Work Sessions Chair: P-sul Landry Administrative L aison: Jerry Vogt, Executive Director of Finance and Business Services SUBCffITEES Subcommittees of the "khool Board will have from one to three Boardmembers and will be established for specific purposes. A Audit Subcommtee PurpoSe: Tc provide regular and ongoing scrutiny of the budget process in order to adifress critical issues in a timely fashion. Meet QUzrterly at work sessions Members: Hclward Casmey, Chair Sci:(301 Board as Committee of the Whole Administrative L::Lison: Jerry Vogt, Executive Director of Finance and Business Services WAYZATA BOARD OF EDUCATION 1994 COMMITTEE STRUCTURE SUBCONQVWMES (continued) B. Human Resource Services Subcommittee PAGE 2 Purpose: To review personnel matters including negotiations; to review long-range planning recommendations; to develop and recommend policies. Meet: Monthly (Wednesday prior to regular Board meeting - 4:00 p.m. - Administration Building, Board Room) Members: Patricia Gleason, Chair Debbie Jamrogiewicz Michael Murphy Administrative Liaison: Laura Tubbs Booth, Executive Director of Human Resource Services C. Meet and Confer Purpose: Under the Public Employment Labor Relations Act (PELRA), a public employer has the obligation to meet and confer (Section 179A.08) with professional employees to discuss policies and other matters relating to their employment which are not terms and conditions of employment. Meet: At least quarterly Members: Howard Casmey Paul Landry Pat Gleason Administrative Liaison: David Landswerk, Superintendent of Schools An Ad Hoc Committee of the Board will have from one to three Boardmembers, will be established for a specific task, and will disband upon completion of its charge. A. Secondary School Facility Planning Ad Hoc Committee Purpose: Work with the Administration in developing plans for the construction of a 2400 -student capacity, Grades 10-12 high school. Meet: As required Members: Debbie Jamrogiewicz, Chair Howard Casmey Michael Murphy Administrative Liaison: David Landswerk, Superintendent of Schools WAYZATA BOARD OF EDUCATION 1994 CONIlVU=E TRUCTURE AD HOC COMM TTTEES (continued) PAGE 3 B. Superintendent Search Ad Hoc Committee Purpose: Work with the consultant firm in conducting a search for a Superintendent of Schools to be hired by July 1, 1994. Meet: As required Members: Howard Casmey, Chair Paul Landry Karen Parks Administrative Liaison: Laura Tubbs Booth, Executive Director Human Resource Services LMB/13 2/7194 APPROVED: February 14, 1994 INDEPENDENT SCHOOL DISTRICT 284 T WAYZATA, MINNESOTA COMMUNITY BUILDING - Diversity, win-win, customer focus, trust, cooperation, partnership Pat Gleason Jerry Vogt Jim Brandl Jim Libby Gary Kipling CORE VALUES - Positive youth development, global consciousness Paul Landry John Greupner Ginny Clark INNOVATIVE PROGRAM DEVELOPMEIVT/INSTRUCTIONAL DELIVERY - Learning organization, leadership change, pilots, site-based decision making, staff development Howard Casmey Mike Murphy Laura Booth Bill Sommers Jeff Elaysky Carol Bryant Mary Coleman EXIT OUTCOMES - 100% graduation, assessment, graduation rules, curriculum standards Thomas Ahmann Bruce Halgren Pat Joslin Dave Landswerk Bev Borgstrom Craig Paul Sharen Hilliard ORGANIZATIONAL STRUCTL - Middle school, alternative school Debbie Jamrogiewicz Daren Parks John Waight Mark Gagstetter Louie Benko LMB/ 13 2/7/94 APPROVED: February 14, 1994 INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, NMNNESOTA • I DoI ASSOCIATION OF METROPOLITAN SCHOOL DISTRICTS Board Representative: Howard Casmey Alternate Board Representative: Debbie Jamrogiewicz Superintendent: David Landswerk Technical Committee: Jerry Vogt Board Liaison: Thomas Ahmann Alternate: Mike Murphy CITIZENS FINANCIAL ADVISORYCOUNCIL Board Liaison: Paul Landry Administrative Liaisons: David Landswerk Jerry Vogt 1C UJNrrV COLLABORATION COUNCIL Board Representative: Patricia Gleason Administrative Representative: David Landswerk COMJNIW EDUCATION SERVI S Board Liaison: Karen Parks EDUCATIONAL COOPERATIVE SERVICE UNIT (ECSU) Representative Assembly: Board Representative Paul Landry Alternate Board Representative bike Murphy Planning Advisory Council: Howard Casmey GIFTED AND TALEN7ED ADVISORY CONIlVIITTEE Board Liaison: HENNEPIN TECHIV [CAL COLLEGE Board Represematives: Karen Parks Pat Gleason (1992-94) Marilu Theodore (1993-95) WAYZATA BOARD OF EDUCATION APPOEV I74ENTS FOR 1994 PAGE 2 LABOR-MANAGEMENT COMMITTEE Board Representative: Howard Casmey YV-- MTA SCHOOL BOARDS ASSOCIATION LEGISLATIVE LIAISON Legislative Liaison: Alternate: BR�--OTA STATE HIGH SCHOOL LEAGUE Board Representative: District Representative: ENT -TEACHER LIAISON CObIlVITITEE �+ • • 1Axelah5jiftm Board Representative: Paul Landry Thomas Ahmann Debbie Jamrogiewicz John Muchlinsld Pat Gleason Debbie Jamrogiewicz Yf x•1:1► •��---=_\11—Li_� ! _Y • . _til � • •,.. � .. v Board Representative: Superintendent: Debbie Jamrogiewicz David Landswerk WAYZATA AREA PUBLIC SCHOOLS FOUNDATION Board Liaison: Administrative Liaisons: Paul Landry David Landswerk James Brandl • : • 1 • : • ululYYY�I • Y:t. :.• ! ti� . Y • . Board Liaison: Michael Murphy Alternate Board Liaison: Pat Gleason •►�1�►•1. Block Grant Authorized Representative: Sharen Hilliard Chapter I Authorized Representative: Leslie Laub Data Privacy/Practices Responsible Authority: Roger H. Anderson Human Rights Officer: Laura Tubbs Booth LMB/13 2/7/94 INDEPENDENT SCHOOL DISTRICT 284 J r to- VC Wayzata, Minnesota BOARD OF EDUCATION Special Meeting - February 28, 1994 MINUTES A special meeting of the Board of Education of Independent School District Special Meeting 284 was convened on Monday, February 28, 1994, 4:00 p.m., in the board room of the District Administration Building, pursuant to due notice. The meeting was tape-recorded. Board Chair Howard Casmey called the meeting to order and Board Clerk Roll Call Patricia Gleason called the roll. The following School Boardmembers were present: Mr. Thomas A. Ahmann, Mr. Howard B. Casmey, Mrs. Patricia L. Gleason, Mrs. Debra L. Jamrogiewicz, Mr. Michael J. Murphy, Mrs. Karen M. Parks, and Dr. David R. Landswerk, Ex Officio. Boardmember absent: Mr. Paul L. Landry. Others present: Laura Tubbs Booth, Bruce R. Halgren, Jerry Vogt, Lucille M. Balombiny, Natalie J. Malphrus, Jim Scheuer, David Ferrens (Wayzata Education Association), Annalee Odessky, Martha Perbix, Jan Eickhoff, Colleen Two Feathers, Jim Dvorak, Jane Johnson, Cheryl Erstad, Melissa Bowar, Dan Daly, Sue Smith, Robert R. Meyers, Katy Meyers, Lowell Kleppe, Rick Ellingson, Lynn Dunlap, Barbara Donley, Donna Ness, Jan Reineck, Helen Jackson, Gloria Redburn, Liz Gilbertson, Mary Dvorak, and Marci Olson. Jerry Vogt, Executive Director of Finance and Business Services, reported that Resolution to after completing an analysis of the District's projected cash flow, Springsted Issue and Sell Incorporated (District 284 fiscal agent) recommended issuance of $8,300,000 $8,300,000 General in tax anticipation certificates to prevent a cash flow shortfall during 1994. Obligation Tax Anticipation Mr. Vogt recommended adoption of the resolution prepared by the law firm Certificates of Indebtedness, of Faegre & Benson. The resolution called for the Board to consider proposals Series 1994A and award sale of the certificates at a special meeting on Monday, March 21, 1994, 4:00 p.m. prior to the Board work session scheduled for that day. Boardmember Michael Murphy introduced the RESOLUTION TO ISSUE AND SELL $8,300,000 GENERAL OBLIGATION TAX ANTICIPATION CERTIFICATES OF INDEBTEDNESS, SERIES 1994A, moved its adoption, and waived its reading. The motion for adoption of the resolution was duly seconded by Boardmember Debra Jamrogiewicz. Mr. Vogt reported that the projected cash flow shortfall was mostly generated by the State tax shift. The District would be borrowing about $3.7 million less than the previous year due to the deficit spiral being under control and the much improved fund condition. In response to Board questions, Mr. Vogt indicated that last year the interest rate on this borrowing was 4.7% because of the District's credit rating. With the improved financial picture, Mr. Vogt indicated he anticipated that this year the interest rate would be around 3.2%. Wayzata Board of Education Special Meeting - February 28, 1994 Board discussion included: District might be able to recover some of the interest costs through a fund set aside by the State; amount of money in the fund was insufficient to cover the interest costs experienced by school districts statewide; and State surplus funds might be used to reduce the tax shift from 50% to 39%. Board Chair Casmey called for a vote on the resolution, and upon vote being taken thereon the following voted in favor thereof. Thomas Ahmann, Howard Casmey, Patricia Gleason, Debra Jamrogiewicz, Michael Murphy, Karen Parks; and the following voted against the same: no one; whereupon said resolution was declared duly passed and adopted on a 6-0 vote; Paul Landry was absent. (Copy of resolution attached to official Board minutes.) Mr. Casmey reported that a tentative settlement had been reached with the Wayzata Principals Association, and he called for a motion to go into closed session to discuss the details. A motion was made by Mr. Murphy and seconded by Mr. Ahmann to approve going into closed session to discuss negotiations with the Wayzata Principals Association. The motion passed unanimously by those present on a 6-0 vote; Mr. Landry was absent. At 4:13 p.m. the audience left the board room and the School Board went into closed session regarding negotiations with the Wayzata Principals Association. The following individuals were present: Boardmembers Thomas Ahmann, Howard Casmey, Patricia Gleason, Debra Jamrogiewicz, Michael Murphy, Karen Parks, Superintendent David Landswerk, Human Resource Services Director Laura Booth, Academic Services Director Bruce Halgren, Finance and Business Services Director Jerry Vogt, and Executive Assistant Lucille Balombiny. Minutes Page 2 Resolution to Issue and Sell $8,300,000 General Obligation Tax Anticipation Certificates of Indebtedness, Series I"4A (continued) Closed Meeting Regarding Negotiations With Wayzata Principals Association Following the closed session and there being no additional business before the Adjourn School Board, a motion was made by Mrs. Gleason and seconded by Mr. Murphy to adjourn the meeting. The motion passed unanimously by those present on a 6-0 vote; Mr. Landry was absent. The meeting adjourned at 4:35 p.m. LMB/5 r ROBERT L.CRosBY LEONARD M.ADDINGTON ROBERT R.BARTH N. WALTER GRAFF ALLEN D.BARNARD RICHARD A.PETERSON ROBERT J. CHRISTIANSON, JR FRANK J. WA= FRANK VOGL MARINUs W. VAN PUTTEN,JR- DAVID B. MORSE JOHN A.BuRTox,JR. JAMES C. DIRACLEs ROBERT L.MELLER,JR. JUDITH A.R000sHESKE SCOTT D. ELLER ,j"` 2 BEST & FLANAC3AN ATTORNEYS AT LAW CHARLES C.BEROUIST 4000 FIRST BANK PLACE CINDY J. LARSON OF COUNSEL GEOROE 0.LUDCEE CARYN ScHERB GLOVER JOHN R.CARROLL E.JosEPH LAFAVE 601 SECOND AVENUE SOUTH MARY E. SHEAREN JAMES D.OLSON GREGORY D.SOULE MINNEAPOLIS, CATHERINE J.COURT14EY ROBERT M.SKARE CATHY E.GoRLiN MN 55402-4331 KEITH J. NELSEN ARCHIBALD SPENCER PATRICK B. HENNESSY TELEPHONE BARBARA M. Ross WARD B. LEwIs TIMOTHY A. SULLIVAN 1612) 339-'7121 TRACY F. KOCHENDORFER BRIAN F. RICE TELECOPIER 1612) 339 JEANNICE M. REDING DANIEL R.W. NELSON 5897 SARAH CRIPPEN MADISON TRACY J.VAN STEENBURGH ROBERT D. MAHER DAVID J.ZUBKE DAVID H.JOHNSON JAMES I.BEST STEVEN R.KRUOER - WILLIAM J. MORRIS 1902-1988 JAMES P. MICHELS MICHAEL L. DIoos ROBERT J.FLANAGAN PAUL E. KAMINSKI MICHAEL H. PINE 1898-1974 JOHN P. BOYLE ROSS C. FORMELL March 18, 1993 Dwight Johnson City Manager Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Quarterly Status Report on Pending Civil Litigation Dear Dwight: This report covers the pending civil litigation matters as of this date. The report does not cover matters handled by the City's insurer. 1. Eminent Domain Cases. a. Project 015 (North Central Trunk Sewer). This case has been completed. b. Library Site Acquisition (City v. Cavanaugh). This matter was originally handled by Holmes and Graven. The commissioners issued an award for approximately $963,000.00. Cavanaugh appealed and the City cross -appealed. Best & Flanagan is handling the appeal. The City offered all of the site back to Cavanaugh pursuant to the terms of an option agreement which was incorporated into the condemnation order, but Cavanaugh failed to exercise his rights to repurchase. Since two pretrial settlement conferences have been unsuccessful in resolving this matter, the Court has scheduled it for jury trial commencing on May 9th, 1994. r Dwight Johnson March 18, 1994 Page 2 C. Plymouth v. Sinclair Oil Corporation. The City agreed with Sinclair Oil Corporation, Bud Walters (station lessee), West Suburban Health Campus and Prudential Insurance Company regarding transfer of the property and remediation of the environmental contamination contained thereon. This Agreement was ratified by the court in January 1993. Title to the property has been transferred to West Suburban Health Campus. The Court appointed condemnation commissioners held hearings in June and early July and issue an award of $275,000. The landowner has appealed and we have cross -appealed on behalf of the city. In accordance with the development agreement with Prudential, Prudential is bearing all the costs of acquisition including legal fees. 2. City of Plymouth v. Marcus Development. The City settled this breach of contract claim. The City has received a lump sum payment from some of the defendants. Two other defendants continue to make monthly payments to the City until the $4,100 they owe to the City is paid. 3. City v. Larry Begin. The Court of Appeals affirmed the trial court's decision, holding that the City did not breach the contract between Begin and the City regarding the clean up of Begin's property. Begin was denied untimely petition for review to the Supreme Court. Judge Fitzgerald thereafter granted the City's motion to hold Begin in contempt of his original order regarding clean up. Begin had until November 30, 1993 to remove items from the property. Begin brought a motion for more time; however, it was denied. Begin has been cleaning up the property. 4. City v. Gary Berthiaume. The City brought an action against Berthiaume in 1989 to require him to clean up his property. He did so. He has let certain equipment and debris accumulate again. We have sent a demand letter, notifying Berthiaume that we will seek an order requiring him to clean up the property. We are awaiting a status report on Berthiaume's responses. 5. Assessment Appeals. Four lawsuits were originally filed by Plymouth residents alleging that various special assessments levied by the City are invalid. Three plaintiffs, John B. Jordan, Gary and Judith O'Dean and Peace Lutheran Church have challenged their respective assessments on the "Medina Road" project. The City has obtained Summary Judgment against the Dwight Johnson March 18, 1994 Page 3 O'Deans on the grounds they failed to comply with the necessary prerequisites to filing suit. The City has reached favorable settlement with the Jordans and Peace Lutheran Church. We completed a court trial of these matters on March 18, 1994 before Hennepin County District Judge B. Nord. The issue was whether the assessments on the Freeman properties exceeded the special benefits accruing as a result of the road improvements. We will be submitting post -trial briefs by April 1, 1994, and Judge Nord will then give her decision. 6. Starks v. Minneapolis Police Recruitment System, City of Plymouth and 35 other member cities; and Fields v. Minnesota Police Recruitment System, City of Plymouth and 35 other member cities. Plaintiffs above -referenced are African-Americans who sued defendant Minnesota Police Recruitment System (MPRS) and all of its members, specifically including Plymouth, alleging that the written examination for Police Officers administered by MPRS illegally discriminates against African-American candidates. By way of additional background, MPRS is a joint -powers agency set up by 36 municipalities to economically and efficiently validate that the written testing employed to screen police candidates properly measured job related abilities, aptitude and achievement levels, and were not racially or culturally biased. The plaintiffs here allege that the test is outdated and illegally discriminates against African-Americans. Unfortunately, the present position of Plymouth's insurer is that these claims are specifically excluded from coverage by a contractual "Joint Powers Exclusion." Further, and also unfortunately, MPRS itself apparently has no insurance which would cover these claims. Currently, the parties have filed a petition to join the Starks & Field cases. Statements of the cases have been filed and discovery is proceeding. Holmes & Graven filed an Answer to the Summons and Complaint on or before February 15, 1993. The Plaintiffs dropped their January 28, 1993 demand for an injunction to block MPRS testing and hiring. 7. Ryan Construction v. City of Plymouth. Ryan Construction served a Summons and Complaint on the City of Plymouth alleging that it should be paid for additional work on a time and materials basis because it alleges the soil report and Z. 2 Dwight Johnson March 18, 1994 Page 4 designs provided to them by the City were different than the actual conditions encountered. Ryan is seeking damages in a presently unspecified amount. Plymouth served an Answer on March 12, 1993 in response to this Complaint. Discovery is proceeding. The parties are exploring the possibility of mediation. 8. Lawrence Begin v. City of Plymouth, et al. Due to the pressure of our motion for summary judgment, Lawrence Begin has "elected to drop his suit against Plymouth." We will ensure that this dismissal is completed. 9. Buchele v. City of Plymouth: This case involved a dispute between two property owners regarding a retaining wall. The Bucheles, who live in Plymouth, commenced this action against the Gladens, who live in Maple Grove, for an injunction to move the retaining wall constructed by the Gladens, or for damages, on the grounds that the retaining wall encroaches upon Bucheles' property. The Cities were named because the retaining wall also encroaches on the drainage and utility easements of Maple Grove and Plymouth. Bucheles brought a motion for summary judgment against the Gladens, and the City of Plymouth brought a motion for summary judgment that its drainage and utility easement is valid and enforceable. It is Plymouth's position that if its easement is determined to be enforceable, it has no further interest in the matter and need not participate in this continued dispute between the property owners. There was no opposition to the City's motion for summary judgment, so we expect that the Court will grant the motion and dismiss the City from the case. Neither the Plaintiffs nor Defendants have claimed any damages against the City. 10. Warrior One v. City of Plymouth: We have drafted and served an Answer on behalf of the City denying Plaintiff's allegations and entitlement for recovery. We have had no correspondence with Plaintiff since our Answer was served on July 12, 1993. Dwight Johnson March 181, 1994 Page 5 11. Naegele Outdoor Advertising Co. v. AaCron Incorporated, William O. Naegele d/b/a Flagship Outdoor Advertising; Joe Steinbach d/bf a Topline Outdoor Advertising; and the CITY OF PLYMOUTH The Plaintiff has agreed to dismiss the City from this action without prejudice. Y ur very uly, ert L. Meller, Jr. RLM:rlb/0363k cc: Robert Pemberton League of Minnesota Cities Cities z -s I.Jetin Number 7 Ry Senate schedules �t annexation hearini<-7; Joel Jamnik The Senate Metropolitan and Local Government Committee has scheduled hearings on annexation bills for Wednesday, March 23 and Thursday, March 24 from 2:00 to 4:00 p.m. in Room 107 of the Capital. On the agenda is H.F.228, the Township supported bill repealing the 1992 annexation amendment. The League urges all city officials to contact their Senators, in particular those on the Metropolitan and Local Government Committee, and voice their strong opposition to H.F.228. Also on the Committee agenda are H -F-365, a city supported initiative promoting efficient annexation, and SY 1853, a proposal to rework much of the state annexation law. Because the House hearing on H.F.228 seemed to be somewhat influenced by the number of township officials in attendance, the League asks that all interested city officials try to attend these hearings. 0 Metropolitan and Local Government Committee Betty Adkins, Chair (612) 296-5981 Ted Mondale, V. Chair (612) 297-8065 Don Betzold (612) 296-2556 Dick Day (612) 296-9457 Carol Flynn (612) 296-4274 John Hottinger (612) 296-6153 Jerry Janezich (612) 296-8017 Keith Langseth (612) 296-3205 Bob Lessard (612) 296-4136 Edward Oliver (612) 296-4837 Sandy Pappas (612)296-1802 Pat Pariseau (612) 296-5252 Martha Robertson (612) 297-4314 Linda Runbeck (612) 296-1253 Deanna Wiener (612) 297-8073 Page 3 -Landfill cleanup moves I Page 5 -Advisory Committee meets A Senate measure to fund The LMC Legislative Advisory landfill cleanup received three Committee met for the first time hearings last week. I March 4. March 18,1994 pninnesota cities lobby Congress Duke Addicks One hundred eleven officials from 35 Minnesota cities attended the National League of Cities Congres- sional City Conference in Washington, D.C. March 11 -15th. On Tuesday, the city officials met with their Senators and Representatives on Capitol Hill. Many issues of concern were addressed in a variety of workshops during the Congress. The most important issues for Minnesota cities were unfunded environmental man- dates, lack of public access to the new telecommunications systems, and cuts in funding for CDBG and HOME. City officials made these points in their discussions with the Senators and Representatives. The proposed stormwater provi- sions of the new Clean Water Act, while establishing a 10 year morato- rium on meeting stormwater standards and excluding smaller cities from stormwater requirements, still fails to provide the flexibility needed to permit Route to: See Lobby, page 4 Contents Senate schedules annexation hearing ........................................ 1 Minnesota cities lobby Congress ............................................... 1 Without a change in the law, landfill cleanup could be costly forcities.................................................................................. 3 Clean Water amendments include onerous requirements .......... 4 NLC seeks input on Native American gaming issues ............... 4 Senate subcommittee considers tax increment legislation ........ 5 Legislative Advisory Committee begins analyzing League's policyprocess......................................................................... 5 Bills would clarify open meeting law ........................................ 6 Arbitration at a stand still --other PELRA bills moving ............ 6 All -America city award program .............................................. 6 LGTF problems could lead to aid cuts ...................................... 7 Growth management bills pending ............................................ 7 Senate committee passes LGA bill ............................................ 7 Levy limts to return?................................................................. 7 Estimated aid cuts due to LGTF shortfall ........................ (green) Bill summaries.......................................................... B1 (yellow) Municipal ads .................................................. Inside back cover 'Rhe Cities Bulletin is a publication of the League of Minnesota Cities and includes an update of state legislative, administrative, and congressional actions that affect cities. It also includes reviews of metropolitan area issues by the Association of Metropoli- tan Municipalities. The Cities Bulletin lists authors of bill summaries and some articles by their initials. Gary Carlson - GC Sarah Hackett - SH Ann Higgins - AH Joel Jamnik - J1 Stan Peskar - SGP League legislative staff members are available to answer your questions concern- ing legislation relating to cities. Executive Director Editors Typesetting and design Jim Miller Jean Mehle Goad Gayle Brodt Tim Busse Laurie Audette League of Minnesota Cities, 3490 Lexington Avenue North, St. Paul, MN 55126 Phone: (612) 490.5600; Fax: (612) 490.0072, TDD: (612) 490-9030; 1-800-925-1122, plus your city code. 3 1994 top issues The League of Minnesota Cities has eight priority issues for the 1994 legislative session. We will include this list every week with a page number after the issue if we include a story. State Aid to Cities - Preserve 1994 level and seek additional funding for future years for LGA and HACA. / page 7 Local Government Trust Fund - Stabilize the LGTF and resolve the current shortfall. / page 7 Open Meeting Law - Clarify require- ments and permit defense of alleged violations. / page 6 Annexation - Preserve 1992 annex- ation amendments, expand cities ability to annex urban or urbanizing areas, and control growth in nonurban ' areas. / page 1 Landfill Cleanup - Establish new program separate from Superfund to clean up closed municipal landfills. / page 3 Public Employment Labor Rela- tions Act - Reform PELRA's interest arbitration provisions to balance the bargaining power of essential and nonessential public employees./page 6 Development/Redevelopment - Remove the aid penalties on TIF for manufacturing and redevelopment districts; obtain additional funding for pollution clean-up. / page 5 Transportation Systems Funding - Increase funding for roads and transit by extending the sales tax to gasoline; or increase the gas tax and establish dedicated revenue for transit. 0 Printed on recycled paper Page 2 LMC Cities Bulletin Y - Without a change in the law, landfill cleanup could be costly for cities Joel Jamnik . LMC goal --Pass a landfill cleanup bill in the 1994 session using a variety of funding sources including a tax or fee on products containing hazardous materials. Status --The effort to find an alternative to superfund for cleaning up closed municipal landfills is moving forward somewhat. Many bills on the issue have been introduced. Two main bills, sponsored by the Minnesota Pollution Control Agency and the Chamber of Commerce have been supplanted by a single bill authored by Senator Steve Morse (DFL -Dakota). That bill, S.F.1133, received three hearings this past week. The major feature of the bill is that the current owners of the landfill sites would transfer ownership to the state and the state would clean up the site and hold harmless all persons (business and government included) who disposed of waste at that landfill. The committee has not yet discussed funding, which in the past has been the most contentious part of the bill. Most of the parties agree that there should be a melding of funding sources, but many parties prefer combinations which exclude the method that would cost them the most. This issue is not likely to be resolved until the last days of the session. All cities in Minnesota have potential liability for at least one of the identified landfills, and many cities might have some responsibility for two or three sites. If your city deposited waste at any facility noted on the accompanying map, you will probably be sued for expensive cleanup actions within the next year or two, unless the Legislature acts to create an alternative program. Please talk to your legislators so Your city and its businesses and homeowners can avoid superfund litigation. 0 F__ Ji�L Minnesota Pollution Control Agency �T 9 Y mpen ndT g1p11 an Superfund Cost Recovery Actions LF .... W"_ C&Ar- O.*n KF •::; LW us .Lf, CO tr Q.r. r.aD.�Wr.la KF 4. • I YMrPM4 Mf fw.+I as J'10 ..0 �& . KF N —C. MMrrCaV ob u. KF .e....Co.., I C. ur 'L' ta G.W us Reminder To find out if a bill has been scheduled for a hearing, call House or Senate Information. The phone numbers are 296-2146 or 296-0504 respectively. You might also have to call the committee or subcommittee secretary to catch any last minute additions or deletions to the schedule. 0 March 18, 1994 Page 3 Clean Water amendments include onerous requirements Carol Kocheisen The US House of Representatives proposal to amend the Clean Water Act (H.R.3948) was introduced by Rep. Norman Mineta (D -Calif.), chairman of the House Public Works and Transpor- tation Committee, late last week. Particularly onerous for munici- palities are the proposed stormwater management requirements which expand coverage to all municipalities in urbanized areas of 50,000 or more population (about 6,000 cities and towns nationwide), and the expansion of authority for citizen suits against municipalities for past violations even if the city is in compliance with administrative or judicial orders to correct the violation (a provision similar to one approved by the Senate two weeks ago). Ranking minority member, Rep. Bud Shuster (R -Pa.), indicating his opposition to the proposal, criticized the measure for choosing "to lend a helping hand in the form of grants to a select few (big, coastal cities and the U.S.-Mexico border area) while telling the rest of America they have to be Lobby, continued from page 1 stormwater cleanup programs to meet local needs. And, the total cost of cleanup remains a local responsibility with no grants and only minimal loan funds available. The Safe Drinking Water Act amendments contained in H.R.3392 (SlatterBliley) does put more flexibil- ity into the law by basing contaminant reduction standards on best technology and by changing the contaminant --election process to treat only actual not potential occurrences in local Page 4 satisfied with negative interest loans and longer repayment periods." Shuster also objected to the proposal's non -point source control provisions which "confer a great deal of authority on EPA to promulgate minimum federal requirements ... and impose expansive reporting and management burdens on states." Of additional concern to cities and towns is the proposed expansion of the objectives of the Clean Water Act from the current "fishable, swimable" standard for the nation's rivers and streams to include a new standard, "drinkable." The measure also makes no attempt to address concerns ex- pressed by state and local governments about EPA's Great Lakes Initiative which demands ever more stringent reductions in pollutant loadings from point sources (including municipally owned and operated sewage treatment plants) while ignoring the significant contributions of nonpoint (agriculture, ranching, sylviculture) sources. We urge you to contact your federal representative. Reprinted from Nations Cities Weekly, Marrh 14, 1994. drinking water supplies. However, cities object to the imposition of fees as a method for raising funds for state administration of this program. The telecommunication legislation moving through Congress prohibits state or city officials from regulating this new industry as to public access. Unless changes are made, access to this information system by the public, local government, schools, and libraries would occur at market price and not through negotiated access. Franchise NLC seeks input on Native American gaming issues Joel Jamnik The National League of Cities has asked for input from Minnesota cities regarding our experience with Native American gaming/casino operations. Frank Shafroth, Director of Policy and Federal Relations, has asked for a response to these questions: • What has the impact been on your local communities since the enactment of gaming, and are there possible future concerns? • What are our feelings on possible federal proposals that address the issue --what do we want Congress to do? Please let me know how you feel about this issue. I'll collect your comments on both the positive and negative impacts and forward them to NLC. 0 fees to fund public programming would not be permitted. If telecommunica- tions becomes totally unregulated, cable communications operations will push for deregulation as well in order to compete. Cities also asked that Community Development Block Grant and the HOME block grant program be funded at current levels. The administration has prolxised to cut these programs. 0 LMC Cities Bulletin f' s 43 Senate subcommittee considers tax increment legislation Sarah Hackett The Senate Taxes and Tax Laws Subcommittee on Property Tax, Chaired by Sen. Carol Flynn (DFL - Minneapolis) heard presentations and testimony on four bills concerning development. The committee used the hearing to become better educated about the proposals and to ask ques- tions of the authors and presenters; no official votes were taken. The Senate Tax Committee is next stop for this legislation and its likely the committee will include these provisions in the omnibus tax bill. The League has been involved with the Minnesota Solutions Partner- ship and the creation of these bills. Please contact your Senators and Representatives in support. (see Bill Summaries for House authors) TIF for Redevelopment S.F.2173 (Hottinger, Pogemiller, Doug Johnson, Pappas, Flynn) could help cities across the state address the problems of blight and decay. Sen. John Hottinger (DFL; Mankato) described how restrictions passed in 1990 have prohibited the perceived abuses of tax increment financing (TIF) for redevelopment. Now that the potential uses of redevelopment TIF have been narrowed, the bill would remove the local government aid/ homestead and agricultural credit aid (LGA/HACA) penalty to make TIF a more practical component of cities' redevelopment efforts. Housing interest rate reduction Cities ability to provide affordable public housing would be enhanced by S.R2174 (Berglin, Metzen, Belanger, Novak). TIF can currently be used to finance an "interest rate reduction program" to reduce the interest rates on multi -family rental housing for a maximum of 12 years. This tool is frequently used in conjunction with federal housing programs that run for 15 years. The bill would match the state process to the federal system and extend these TIF districts to 15 years. Creating manufacturing jobs with TIF Sen. Joe Bertram (DP[; Paynesville) explained how S.F.2268 (Betram, Flynn, Doug Johnson, Sams, Langseth) would remove the penalty from manufacturing within economic development TIF districts. The bill is being redrafted and should then focus on removal of the LGA/HACA penalty and include language to reassure that this tool would be used to create or retain jobs within the state, rather than encourage the movement of jobs from one city to another. Development of polluted land Sen. Ted Mondale (DFL -St. Louis Park) discussed a bill that will improve the ability of cities to clean up polluted property. The bill has not yet been assigned a Senate File number. The proposal would eliminate the require- ment that a city provide a match of 18 percent of pollution clean up costs from its general fund, tax levy, or other non - TIF source. This requirement was passed in 1993 as part of a contamina- tion grant clean up program. The fault, or responsibility, by the city was never well justified, and the use of general fund dollars to pay for clean up was cited as poor policy. The bill will also include a repeal of the LGA/HACA penalty on TIF projects for pollution clean up. 0 Legislative Advisory Committee begins analyzing League's policy process Tem Busse With the goal of increasing member participation and enhancing lobbying efforts, the League of Minnesota Cities Legislative Advisory Committee met for the first time March 4. Co-chaired by Lorraine Browne and Susan Hoyt, the Committee will review the LMC policy formulation and legislative process over the next 18 months. LMC Director of Intergovernmen- tal Relations Duke Addicks told the committee that the policy adoption process should focus on the problems cities face, rather than a series of March 18, 1994 specific solutions. He also stressed again the importance of spotlighting the few major problems of highest importance to cities. Addicks outlined changes that the League has already implemented, including a department reorganization allowing IGR staff to focus on city issues at all levels of government. Citing the lackluster adoption of legislative policies at the Policy Adoption Meeting, the committee hopes to change the process to maxi- mize member participation and ownership in the policies. The commit- tee also hopes to increase legislative reliance on the League, and to make the League the chief source of unbiased, complete, and accurate information on city issues. In July 1995, the committee will present their recommendations to the LMC Board of Directors. The board prompted the creation of the committee at their retreat last summer by naming the enhancement of the League's policy formulation and lobbying process as the organization's top priority. The committee will meet again March 23. Watch the Cities Bulletin for updates and reports on the committee's progress. 0 Page 5 Bills would clarify open meeting law Joel Jamnik LMC goal --Clarify the open meeting law and amend it to allow for public defense of local officials charged with violating the law. Status--TWo bills affecting the open meeting law have received hearings. H.F613 (Carruthers, DFL - Brooklyn Center) has passed out of committee in the House and is now on the floor. The bill would make some substantive amendments to the open meeting law including allowing a public body to close a meeting to discuss or review the qualifications of applicants for public employment prior to the designation of any applicant as a finalist to be interviewed. The bili also would increase the penalty for violating the law from $100 to $300, would allow governing bodies to pay for the defense of officials charged with violations, and would allow recovery of attorneys fees and costs if the violation was intentional. The Senate bill, S.F.715, (Riveness, DFL -Bloomington) will likely be heard the week of March 28. The second bill, S.F.1980, (Merriam, DFL -Coon Rapids) would expressly allow multiple closed meetings to discuss preliminary charges or allegations against an employee. A recent court case implied that the employer could hold only one such meeting and that all subsequent meetings must be open. This bill is supported by the cities, schools, and counties and is opposed by the media. The Senate bill passed out of the Metropolitan and Local Government Committee and was sent to the Judiciary Committee. The House companion, H.F.2673 (Pugh, DFL -So. St. Paul) has not yet been heard. 0 All -America city award program The National Civic League and the Allstate Foundation are sponsoring the 1994 All -America City Award Program. The award is a reminder that people in a community can work together to identify and solve their common problems. Award criteria include: *community demonstrates broad-based citizen involvement, reflecting the community's demographics; -public, private, and nonprofit sectors participate to extent practicable and decision- making is shared broadly among sectors, citizens, and key constituencies; -community resources are used and mobilized creatively; *community initiatives have significant impact in light of community's challenges, resources, and circumstances; *community is willing to confront critical local issues and projects address community's most important needs; *results and impacts of community efforts are clearly documented—for example, dollars raised or number of people affected; and *application highlights efforts and results occurring within the last three years. For an application or more information contact the National Civic League, 1-800-223-6004. Applications are due April 6, 1994. Arbitration at a stand still— other PELRA bills moving Joel Jamnik LMC goal --Amend the Public Employment Labor Relations Act (PELRA) to restrain the arbitration process from giving large compensa- tion awards to certain classes of employees which are out of step with compensation adjustments provided to other employee groups. Status --The League, together with the schools and counties, has worked in conjunction with the Minnesota Chamber of Commerce to draft legislation significantly reforming the interest arbitration process. Due to the political climate, however, the bill has not yet been introduced, and probably won't be until after the committee deadline. The parties hope to have some discussion of the issues involved this session but do not anticipate any significant action this year. On the other hand, some minor PELRA bills arc moving. One of these bills, S.F.844 (Luther, DFL -Brooklyn Park)/H.F.2228 (Carruthers, DFL - Brooklyn Center) would amend the current PELRA provision that requires a public employer to give reasonable time off and to provide leaves of absence to officers or appointed representatives of the exclusive representative (union) to conduct union duties/activities. The bill would extend this require- ment (employer mandate) so that an employer must excuse an employee asking for an exclusive representative of wy public employer in Minnesota. The bill has passed the Senate (64-0) and the House Labor -Management Committee voted last Friday to send the bill to the House floor on the noncontroversial consent calendar. 0 Page 6 LMC Cities Bulletin LGTF problems could lead to aid cuts Gary Carlson City aid payments scheduled for this December will be reduced by approximately $14.6 million unless the legislature and the governor restore the money raided from the Local Govern- ment Trust fund (see printout on the cuts in this bulletin). The Minnesota House currently appears to be favoring a restoration of the LGTF shortfall so that 1994 LGA and HACA payments will not be cut. Unfortunately, many Senate members are not placing a high priority on the LGTF shortfall or the potential for future property tax increases. The Senate may be willing to restore only a portion of the short- fall, leaving cities vulnerable to December aid cuts. Growth management bills pending Joel Jamnik A pair of bills addressing growth management/boundary adjustments are pending. S.F.1909 (Price, DFL- Woodbury)/H.F.2158 (Bishop, IR - Rochester) would increase regulatory oversight of septic tanks statewide, making small lot developments outside city boundaries more difficult and/or expensive, thus reducing environmen- tal damage and encouraging urban development in cities. Both bills have been the subject of several hearings and are moving forward. H.F2126 (Orfield, DFL-Minne- apolis)/S.F.2362 (Chandler, DFL -White Bear Lake) would adopt a statewide planning system somewhat similar to the existing metropolitan area system. The bill has not been heard yet and passage this session is unlikely. 0 March 18, 1994 There is still time to influence the outcome of this issue. The Senate will be caucusing this week to discuss and further prioritize issues. City officials should contact their legislators to ask that the LGTF shortfall be erased, as the current shortfall was not caused by a downturn in sales taxes but by legislative changes to the composition of the LGTR These changes used more money than is now actually projected to be available in the LGTF. The addition of these programs to the LGTF also directly increased the state's general fund surplus. 0 Estimated LGA and HACA Reductions Based on the March Revenue Forecast Senate committee passes LGA bill Gary Carlson On Tuesday, March 15, the Senate Metropolitan and Local Government Committee approved a bill (S.F.2157, Hottinger DFL -Mankato) that would appropriate a five percent increase for LGA for the 1995 aid year. The bill would also eliminate the current law phase-out of the grandfather and fix the minimum distribution to any city at the sum of its 1993 distribution of LGA, equalization aid and disparity reduction aid. The League testified in support of the bill along with representatives of the Association of Small Cities, Coalition of Greater Minnesota Cities, and of St. Paul and Minneapolis. On Tuesday, March 22, the House Tax committee will hear the House companion bill (H.F. 2281, Rukavina DFL -Virginia). 0 Levy limits to return? Gary Carlson Just when city officials thought it was safe to assume that levy limits were dead, House majority leader Phil Carruthers and Representative Tom Pugh introduced a bill to reinstate levy limits for cities and counties. According to sources, Representa- tive Carruthers does not expect H.F. 2407 to receive much support. Unfor- tunately, the bill indicates that at least a few legislators believe that levy limits are a good (or at least effective) policy tool. 0 Page 7 LGA Cut HACA Cut Total Cities 12.6 2.0 14.6 Counties 0.0 11.9 11.9 Townships 1.0 0.3 1.3 Special Taxing Districts 0.0 1.7 EE 1.7 Total Estimated Cut 13.6 15.9 29.5 Senate committee passes LGA bill Gary Carlson On Tuesday, March 15, the Senate Metropolitan and Local Government Committee approved a bill (S.F.2157, Hottinger DFL -Mankato) that would appropriate a five percent increase for LGA for the 1995 aid year. The bill would also eliminate the current law phase-out of the grandfather and fix the minimum distribution to any city at the sum of its 1993 distribution of LGA, equalization aid and disparity reduction aid. The League testified in support of the bill along with representatives of the Association of Small Cities, Coalition of Greater Minnesota Cities, and of St. Paul and Minneapolis. On Tuesday, March 22, the House Tax committee will hear the House companion bill (H.F. 2281, Rukavina DFL -Virginia). 0 Levy limits to return? Gary Carlson Just when city officials thought it was safe to assume that levy limits were dead, House majority leader Phil Carruthers and Representative Tom Pugh introduced a bill to reinstate levy limits for cities and counties. According to sources, Representa- tive Carruthers does not expect H.F. 2407 to receive much support. Unfor- tunately, the bill indicates that at least a few legislators believe that levy limits are a good (or at least effective) policy tool. 0 Page 7 Estimated Aid cuts due to LGTF shortfall The table below provides estimates of LGA and HACA cuts that would be necessary to balance the estimated $29.5 million shortfall in the local government trust fund. These estimates were prepared by the League of Minnesota Cities. The upcoming November state budget forecast will be the final benchmark to determine the size of any actual cuts that would be made in December aid payments. Until then, city officials can either hope that sales tax revenues into the LGTF dramatically improve, or they can encourage their legislators to take action to eliminate these cuts. DCMVr-M UHt:I:K BECKER BEJOU BELGRADE lnCI 1 P' MI . 1 - March 18, 1994 Pi a1y Estimated 1994 Cutter BROOKLYN CENTER 108,395 BROOKLYN PARK 158,509 BROOKS 274 BROOKSTON 119 BROOTEN 2,335 CLIMAX CLINTON CLITHERALL CLONTARF CLOQUET 1,167 2,682 181 163 60,307 BRUNO 313 COLOGNE 2,273 BUCKMAN 323 COLUMBIA HEIGHTS 70,184 BUFFALO 17,874 COMFREY 2,913 BUFFALO LAKE 4,513 COMSTOCK 206 BUHL 8,949 CONGER 507 CALLAWAY 647 COTTAGE GROVE 76,358 CALUMET 3,186 COTTONWOOD 4,138 CAMBRIDGE 20,134 COURTLAND 1,264 CAMPBELL 736 CROMWELL 694 CANBY 10,111 CROOKSTON 40,767 CASS LAKE 5,082 CYRUS 951 CEDAR MILLS 20 DAKOTA 578 CENTER CITY 1,148 DALTON 601 CENTERVILLE 4,771 DANUBE 2,691 CEYLON 2,516 DANVERS 351 CHATFIELO 10,480 �M,, CHICKAMAW BEACH 143 DEEPHAVEN CHISAGO CITY 8,008 DEER CREEK CHISHOLM 42,261 DEER RIVER CHOKIO 1,888 DEERWOOD CIRCLE PINES 13.767 DEGRAFF P2 10,574 12,390 894 4,572 3,060 187 LMC Cities Bulletin (1, Estimated 1994 Cut DODGE CENTER 9,050 DONALDSON 123 DONNELLY 635 DORAN 133 DOVER 1,126 FELTON FERGUS FALLS FERTILE FIFTY LAKES FINLAYSON 7i3 Estimated 1994 Cut 577 56,950 3,185 1,296 480 ELKO 899 GAYLORD ELKTON 378 GEM LAKE ELLENDALE 1,464 GENEVA ELLSWORTH 2,101 GENOLA ELMDALE 174 GEORGETOWN ELMORE �Cil6 ELROSA 6 MGLENVILLE EMMONS 1,195 ERHARD 251 GLENWOOD ERSKINE 2,204 GLYNDON EVAN 140 GOLDEN VALLEY EVANSVILLE 1,889 GONVICK 1,095 1,193 80 309 2,081 14,568 3,083 100,024 1.493 P3 HAWLEY 3,673 KASOTA x. 1,182 HAYFIELD 7,097 KASSON 12,660 HAYWARD 862 KEEWATIN 8,899 HAZEL RUN 155 KELLIHER 500 HECTOR 7,840 KELLOGG 1.080 HENRIETTE HERMAN HERMANTOWN HERON LAKE HEWITT 6N8 KENYON:< r: 50 KERKHOVEN 2,321 KERRICK 19,045 KETTLE RIVER 3,189 KIESTER _._._............. 769 KILKENNY P4 LMC Cities Bulletin it Estimated 1994 Cut .CX k4 i:AFAYET"fE Z LAKE Utl x LAKE BRONS�I�k MINN CITY LAKE CITY j, r 171 I LAKE CRYSTAL; 4" LONSDALE 3,328 LAKE ELMO 13,041 LAKE HENRY 126 LAKE LILLIAN 952 LAKE PARK 2,321 LAKE SHORE 4,117 LAMBERTON LANCASTER LANDFALL LANESBORO LAPORTE x VU MADE `' Ur MADISON MADISON LAKEg' MAGN."IQz MAHNOMEN MAHTOMEDI MANCHESTER MANHATTAN BEACH MANKATO Estimated 1994 Cut Y 8,958 101307 f t,� 2,340 a 5,341 16,647 96 26 145,567 74,830 MAPLEVIEW 997 4,175 MAPLEWOOD 105,488 1,103 MARBLE 5,300 2,132 MARIETTA 1,009 4,144 MARINE-ON-STCROIX CITY O 3,359 LONG PRAIRIE 9,198 MILTONA 636 LONGVILLE 739 MINN CITY 572 LONSDALE 3,328 MINN LAKE 3,767 LORETTO 1,514 MINNEAPOLIS ********* LOUISBURG` 150 MINNEISKA 219 March 18, 1994 P5 it Estimated 1994 Cut it -3 _Estimated 1,994 Cut -P MOOSE LAKE 4,407 OLIVIA 12,068 1 MORA 8,609 ONAMIA 1,643 MORGAN 5,864 ORMSBY -395 MORRIS 23,176 ORONO' ;' 27,655 MORRISTOWN 2,501 ORONOCO 1,455 MORTON;¢mo ,� MOVNa Y F OuIN s� MT LAI(E 10,390 OSTRAN DER 1,004 MURDOCK 19-174 OTSEGO 7;543 MYRTLE 123 OTTERTAIL 769 NASHUA 77 OWATONNA 78,436 NASHWAUK 10,227 PALISADE '170 a NORTH OAKS 7,328 PRINCETON 15,326 NORTH REDWOOD 452 PRINSBURG 1,948 NORTH ST PAUL 24,847 PRIOR LAKE 39,824 NORTHFIELD 49,237 PROCTOR 10,911 NORTHOME 952 QUAMBA 72 NORTHROP NORWOOD � §5 RACINt <`� X24 i Vol s 24,205 P6 LMC Cities Bulletin 1 Sv�tMVUN l ,322 SPRING PARK 6,116 ROCKFORD ROCKVILLE 9,017 SPRING VALLEY Estimated 1994 Cut 1,294 2,898 SPRINGFIELD SQUAW LAKE 10,992 ROLLINGSTONE 2,158 STANTHONY 104 OQ ane 1,419 ST VINCENT ST JOSEPH 15,698 ROYALTON 2,079 ST LEO 7,520 1,215 179 RENVILLE 8,201 SLAYTON 10,792 REVERE •• SOBIESKI RICE :11 SOLWAY 117 RICHFIELD 133,361 SOUTH HAVEN 133 mm 437r 1 Sv�tMVUN l ,322 SPRING PARK 6,116 ROCKFORD ROCKVILLE 9,017 SPRING VALLEY 12,760 ROGERS 1,294 2,898 SPRINGFIELD SQUAW LAKE 10,992 ROLLINGSTONE 2,158 STANTHONY 104 OQ ane 1 Sv�tMVUN l 41,850 STEWART ST FRANCIS 6,850 ROSEVILLE 95,263 SABIN ST HILAIRE ST ROSA ROTHSAY 1,489 3,402 ST JAMES 780 ROUND LAKE 1,419 ST VINCENT ST JOSEPH 15,698 ROYALTON 2,079 ST LEO 7,520 179 RUTHTON _ �.....F,:..`..-..:• 904 E :.rte<: ST PAUL PARK STEWART RUTLEDGE 118 ST PETER 14,231 SABIN 1,216 ST ROSA 28,070 SACRED HEART 3,402 ST STEPHEN 100 SANBORN • 1,976 ST VINCENT 1,200 173 SCANLON 3,888 STEWART 3,642 SEAFORTH 4,188 280 STEWARTVILLE 12,485 SEBEKA 3,079 STILLWATER STOCKTON 57,148 SEDAN 49 STORDEN 783 Inn March 18, 1994 P7 SfiC Estimated 1994 Cut it _ �.assdr ,.. ' ; F.. br M, Mum::arc R �� �`�ar�xb4" - baa ; UNDERWOOD 1,160 UPSALA 1,150 URBANK 69 UTICA 549 VADNAIS HEIGHTS 20,031 fi VESTA VICTORIA 11,850 VIKING 335 VILLARD 845 VINING 186 VIRGINIA 80267 WAITE PARK 20,526 WALDORF 1,105 WALKER 6,404 WALNUT GROVE 2,535 WALTERS 429 WAI'TNA, M1103 WANAMINGO' WMDA ' WARBA .BARREN' M x. WATSON WAUBUN WAVERLY WAYZATA WELCOME WESTBROOK WESTPORT WHALAN WHEATON WHITE BEAR LK WILTON WINDOM WINGER WINNEBAGO WOOD LAKE WOODBURY WOODLAND WOODSTOCK YOUNG AMERIC ZEMPLE ZIMMERMAN ZUMBRO FALLS ZUMBROTA 1,177 1,070 3,352 21,451 3,716 3,884 36 238 9,112 2,813 54 19,639 839 7.020 541 1,796 69,751 2,173 534 4,781 143 5,538 565 10.634 LMC Cities Bulletin I Bill Summaries Annexation Annexations: Restricting H.F.2257 (Neary, C. Brown, Mariani) (Local Government & Metropolitan Affairs) would specify that if a municipality has adopted a comprehensive pian, no proceeding for annexation or concurrent detachment and annexation may be initiated unless the property has been designated for expansion in the city's comprehensive plan for a period of at least two years. JJ Courts Prosecutors to collect statistics on dismissed or nonprosecuted cases H.F.2465 (Skoglund) (Judiciary) would require, beginning on July 1, 1994, that every prosecuting agency keep records of the number of cases referred to the agency for criminal prosecution and the number of cases in which the agency either dismissed charges or declined to prosecute, Beginning on July 1, 1995, the pros- ecuting agency (including cities) would need to forward the information to the bureau of criminal apprehension which in turn would publish an annual summary. JJ Development and redevelopment Housing interest reduction prpgram H.E2474 (Jefferson, Dawkins, Jaros, Morrison) (Taxes) would extend the period to collect tax increments to finance interest reduction programs to 15 years (currently 12 years). Com- panion S.F.2174 (Berglin, Metzen, Belanger, Novak). SH Aid penalty removed from redevelopment districts S.E2173 (Hottinger, Pogemiller, Doug Johnson, Pappas, Flynn) (Taxes & Tax Laws) would remove the local government aid/homestead and agricultural credit aid (LGA/HACA) penalty from redevelopment districts. March 18, 1994 liffectivc for aid paid in 1995 and atter Companion H.R2654 (Carruthers, Jacobs, Jaros, Simoneau, Workman). SH Distribution of tax exempt revenue bonds S.F.2182 (Bertram, Joanne Benson, Stevens) (Jobs, Energy, & Community Development) would create a $10 million entitlement of federal tax exempt revenue bonds for the Stearns County Housing and Redevelopment Authority. The funding would be shifted from the statewide competitive small issue pool for manufacturing purposes (reduced from $65 to $55 million). Companion H.F.2473 (Klinzing, Opatz, Bertram, Bauerly, Gruenes). SH Bonding and general funds for pollution cleanup S.F.2310 (Kelly, Ranum, Metzen, Runbeck, Merriam) (Jobs, Energy, & Community Development) would provide $20 million of state bonding for contamination cleanup grants. An additional $10 million would be appropriated from the general fund. The contamination cleanup grants, funded at $2 million in 1993, would be administered by the Department of Trade and Economic Development, in consultation with the Pollution Control Agency. Companion bill H.R2693 (Pugh, McGuire, Wagenius, Battaglia, Weaver). SH Elections the same cong►rssional, legislative, and county commissioner district. Cities could appoint a single set of election judges. Cities could make precinct boundary changes up until January 1, of years ending in zero, adding three more years during which cities would be able to make precinct boundary changes. The bill would require all precincts to include only one congres- sional district and require boundary changes be made by June 1 in a state election year. The bill would repeal school district authority to establish a single combined precinct and would require that school district elections be held in precincts established by cities, includ- ing where the city decides to establish a combined polling place for such elections. AH School board terms; school district elections in November S.F.2109 (Reichgott Junge, Luther, Robertson, Marty) (Ethics & Campaign Reform) would extend school board member terms to four years and require that school district general elections be held on the first Tuesday after the first Monday in November in even -num- bered years, except as provided in a special law. The bill would be effective the day after final enactment and would apply to the November 1994 general elections. AH Environment Annual water testing fee repeal Combined polling places; redrawing H.F.2340 (Jefferson, Trimble, of precinct boundaries Osthoff) (Health & Human Services) S.F.2297 (Pogemiller) (Ethics & would repeal the annual fee of $5.21 Campaign Reform) would eliminate for water service connections that the current authority for cities to establish combined precincts but authorize creation of a combined polling place by ,Tune 1 of any year, for third and fourth class cities; for cities located in more than one county; for two contiguous precincts in the same city with less than 500 registered voters; or for up to four adjacent non -metro municipalities in Minnesota Department of Health has required as a way to offset state water testing program costs. Under the bill, a city or town that paid more than the actual cost of conducting public water supply tests as a result of the fee can recover, on a pro rata basis, any amount of surplus money transferred to the state. Finally, the bill would allow _ 3 .4- Bill summaries continued boards of health to conduct their own testing of public water supply quality. Consequently, they would not be forced to use the Department of Health laboratory. JJ Cleanup for municipal landfills H.F.2367 (Long, Lynch, Simoneau) (Environment & Natural Resources) would provide an alterna- tive to superfund for cleanup of mixed municipal solid waste landfills. This bill would allow owners of permitted facilities that cease accepting waste on or before April 9, 1994, to apply for the program. Ownership of the landfill would transfer to the state as well as all financial assurance funds the landfill operator previously collected. The bill would set specific application procedures and provisions for reimbursement for landfills which have already had response actions undertaken under superfund. The bill would allow for issuance of $20 million of state bonds in this biennium to finance the cleanup program. It would transfer the rev- enues currently deposited in the municipal metropolitan landfill cleanup contingency action trust fund, aswell as revenues generated under the $2 per residence/$.12 per yard picked up from commercial establishment solid waste assessments. The bill would appropriate an unspecified amount from the landfill cleanup account to the Pollution Control Agency for grants to counties for household hazardous waste collection programs. JJ Private facility use for metro area solid waste S.F.2108 (Wiener, Metzen, Murphy, Pariseau) (Metropolitan & Local Government) would allow metropolitan counties (specifically Dakota County) to rely on private ownership, operation, and financing of solid waste facilities to achieve the waste (management) objectives required in the county's solid waste master plan. Ordinances of counties and local governments could require that haulers deliver unprocessed mixed municipal solid waste .to a processing facility, and could prohibit haulers from delivering unprocessed mixed munici- pal solid waste to land disposal facilities for final disposal. JJ. State drinking water revolving fund S.F.2193 (Morse, Krentz, Dille, Murphy) (Health. Care) would establish. a state drinking water revolving fund to provide loans and. other forms of financial assistance. to local govern- ments. This program would receive. federal financial appropriations under the federal drinking water infrastruc- ture financing act and match those amounts, as required under federal law. JJ Legislative Water Commission bill S.F.2220 (Price, Dille, Morse, Murphy, Krenz) (Environment & Natural Resources) would state that responsibility for the protection of groundwater in Minnesota is vested in a multi -agency approach to manage- ment. The bill is a proposal from the Legislative Water Commission. The bill lists the six state agencies which would implement or administer 10 to 15 separate groundwater protec- tion programs or initiatives. Most importantly, the bill would make the Pollution Control Agency the respon- sible agency for protecting groundwa- ter from nonagricultural chemical contaminants and would make the Department of Agriculture responsible for protection of groundwater from agricultural chemical contaminants. JJ Finance and revenue Fiscal disparities maximum . contribution . H.E2385 (Morrison, Pauly, Knockerbocker, Pugh, Long) (Taxes) would limit the fiscal disparities contribution of any city to an amount equal to 15 percent of the total tax capacity, or the previous year's contribution, whichever is greater, GC T" 3 Levy limits again H.F.2407 (Carruthers, Pugh) (Taxes) would reinstate the per capita and overall levy limits on, cities and counties and would require periodic state review of all governmental unit levies. GC Tax Increases due to market value declines, local resolution S.F.2481 (Cohen) (Taxes & Tax Laws) would require local taxing authorities to take a separate vote to acknowledge that the property tax levy that would be lost from a decline in the market. value; of one class of property would be spread on other classes of property. The implied alternative of this requirement would be for the government to reduce its levy so that no shifting of tax burden would occur. The bill does not mention that local governments have no control over the mix of market values, the stability of any particular class of property, or the ability to reduce their budgets because of a drop in the market value of a type of property. (A comparable bill, S.F.2172, was introduced by Cohen, Chandler, and Anderson.) SH Homestead classification modification H.F.2518 (Neary, Long, Abrams, Dawkins, Kelso) (Taxes) would modify the market value break for homesteads from the current $72,000 to a county median. Counties with a median homestead market value above $72,000 would have more home value taxed at the one percent class rate. GC Senior citizen tax deferral H.F.2708 (Bauerly, Laslcy, Kelso, Erhardt, Carruthers) (Taxes) would provide a property tax deferment for senior citizens who meet certain income limitations. Identical to H.F. 2789 (Wagenius, Rukavina, Murphy, VanDellen and Ostrom) and S.F. 2433 (Flynn). GC B2 LMC Cities Bulletin Bill summaries continued Federal tax conformity H.F 2738 (Rest, I. Anderson, Carruthers, Winter, Wagenius) (Taxes) would make federal conformity changes to state income and corporate income taxes. GC "This Old House" amendment H.F.2797 (Rhodes) (Taxes) would extend the 1993 "This Old House" provisions to certain improvements made to property in 1992. GC Election requirements for municipal airport bonds S.F.2155 (Hottinger) (Metropolitan & Local Government) would eliminate the requirement for local elections to approve airport bond proposals if airport boards recommend the bond issue by a resolution adopted by a vote of not less than 60 percent of their members, and if the governing bodies of each of the cities or municipalities acting jointly approve the bond issue by resolution by votes of at least 60 percent of the members in each jurisdiction. If the bonds are general obligation bonds, the tax levy to pay off the bonds would not be subject to any levy limitation. One municipality could issue bonds on behalf of other munici- palities who are parties to the agree- ment. Finally, when a county and a city are involved in joint airport operations and all or part of the city is within the geographic boundaries of the county, the county's proportionate share of any bonds issued is to be based on the net tax capacity of all property within the county minus the net tax capacity of the property located within the city. And, any county levy for airport purposes could not be levied against taxable property in the city, except for debt service on general obligation bonds of the county. This would avoid duplicate taxation. JJ March 18, 1994 Indian tribal governments eligible for state aid S.F.2171 (Moe, Doug Johnson) (Government Operations & Reform) would include American Indian tribal government entities located within federally recognized American Indian reservations as eligible recipients for state fire and police state aid distribu- tions beginning in 1995. JJ Building code surcharge rebates S.F.2185 (Pariseau, Neuville) (Government Operations & Reform) would restore the rebate (in effect prior to the 1991 state fiscal crisis) to cities of any money received under the state building code surcharge requirement which was in excess of the state building code division's costs. The rebate would be in proportion to the amount of the surcharges the munici- pality collected and remitted to the state. The municipality could use the rebated fees only to help defray the costs of building inspection administra- tion and continuing education. Com- panion H.F. 2401 (Dempsey, Linder, Opatz, M. Olson). JJ Levy limit technical corrections S.F.2391 (Belanger, Doug Johnson, Flynn, Reichgott Junge, D. Benson) (Taxes & Tax Laws) would modify or repeal many specific property tax levy limit statutes. Companion to H.F. 2311. GC Property tax targeting S.F.2416 (Fredrickson, vckerman, Stevens, Berg, Lesewski) (Taxes & Tax Laws) would remove the cap on the property tax targeting program for 1994 only. GC Tax policy, collections, and tax administration bill S.F.2420 (Flynn, Sams, Belanger) (Taxes & Tax Laws) would make various changes to the property tax system, taxation hearing and notifica- tion law, and various other property tax laws. The bill would phase-out the sales tax on certain replacemcnt capital equipment purchases. This would reduce LGTF revenue in the FY 1996- 1997 biennium by $21 million. GC General government Commercial use of government data H.F.2238 (Worke, Lindner, Workman, Jennings, Delmont) (Judi- ciary) would prohibit the use of public government data on individuals for commercial mailing lists or telephone solicitation purposes. Individuals aggrieved by a violation of this law could bring an action to recover a civil penalty of up to $1,000. JJ Peace officer exchanges H.F.2483 (Mahon, Skoglund, Garcia, Orenstein, Rhodes) (Judiciary) would establish rules and regulations for peace officer exchange programs between law enforcement agencies. The bill would provide that when a peace officer acts on behalf of another agency or office within the scope under an exchange agreement, the officer's actions would be within. the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employ- ing agency. JJ Prevailing wage exemption for school construction and debt H.F.2606 (Bettermann, Koppendrayer, Kelso, Bauerly, Sviggum) (Education) would exempt school district construction or mainte- nance projects funded from debt service equalization revenue from the state requirements of payment of prevailing wages. Companion S.F. 2051 (Larson). SH Constitutional amendment on state mandates H.F.2684 (Knight, Wolf, Dempsey) (Governmental Operations & Gam- bling) would require that a constitu- tional amendment be offered to the electorate to determine whether to require "full state funding for any state B3 Bill summaries continued law that imposes spending require- ments on local units of government." SH Charter cities to use statutory city (laws S.F.2070 (Robertson, McGowan, Olson) (Metropolitan & Local Govern- ment) would allow a charter city to apply a statutory law if it meets the following conditions: the city charter is silent on a matter that the statutes do address, the general law does not prohibit a city charter from addressing the matter expressly provide that a city charter prevails over general law on the matter. JJ Minnesota debt collections act S.F.2076 (Cohen, Terwilliger, D. Benson, Reichgott Junge) (Governmen- tal Operations & Reform) would create a new centralized state collection entity to coordinate and oversee debt owed to the state or where the state collects for other government units (including cities). The bill would set administra- tive fees, enforcement procedures, and create a state judgement lien. Effective July 1, 1994. Companion H.R2310 (Krueger, Macklin, Kahn, Knickerbocker, Carruthers). SH Government Innovation & Cooperation Board S.F.2143 (Reichgott Junge, Hottinger, Doug Johnson, Terwilliger, Metzen) (Governmental Operations & Reform) would make some housekeep- ing changes to the operation of the board and its procedures for providing grants and waivers. Local governments could request a waiver on behalf of a nonprofit organization which is providing services for the government. The bill would make eligibility for the categories of grants more similar. It includes an unspecified appropriation. Companion H.F.2598 (Evans, I. Anderson, Murphy, Kahn, Van Dellen). SH B4 Health carelsingle pay or assistance S.F.2159 (Hottinger, Marty, Finn, Pappas, Betzold) (Health Care) proposes several amendments to health care service delivery in Minnesota. It would create a 16 -member Minnesota health assurance board which begin- ning January 1, 1996, would be the sole seller of health coverage in the state. As of that date, it would be unlawful to sell policies that duplicate the coverage the health assurance board sells, although policies that supplement that policy would be permitted. The board would offer group and individual products under both an integrated - service network and regulated all -payer system. The bill would establish regional boards to assist in ensuring adequacy of coverage and product. JJ Liquor law amendments S.F.2161 (Solon, Metzen, Belanger) (Commerce & Consumer Protection) proposes several seemingly noncontroversial amendments to the liquor laws. The bill would expand the eligibility for temporary on -sale licenses to political committees and allow counties to issue temporary off - sale wine licenses for auctions. It would prohibit municipalities from issuing more than three temporary licenses for the sale of alcoholic beverages to any one organization or registered political committee, or for any one location, within a 12 -month period: A municipality could not allow the same business name to be used by more than one of its off -sale intoxicat- ing liquor licensees. The bill would lessen the severity of civil penalties under license revocation or suspension proceedings and authorize wine tasting events up to four hours in duration. JJ MinnesotaCare revisions S.F.2192 (Berglin, D.Benson, Piper, Sams, J.Benson) (Health Care) would regulate integrated service networks, all -payer options, and other aspects of Minnesota's health care system. JJ 07 4W, 13 Best practices audits for cities and counties S.F.2194 (Riveness, Metzen, Morse, Terwilliger, Sams) (Govern- mental Operations & Reform) would create an advisory council to advise the program evaluation division of the legislative auditor on "best practices audits" for cities and towns. The evaluation is intended to determine the best methods of service delivery, variations in cost and effectiveness of services, and find practices to save money or provide services more effectively. The Metropolitan Council has employed these audits for a demonstration project on street sweeping. The advisory council would consist of three representatives from LMC, two from the Association of Metropolitan Municipalities, and three from the Association of Minnesota Counties. The bill would appropriate $300,000 for fiscal year 1995, and sunset the program on June 30, 1999. SH Local audit requirements S.F.2444 (Merriam, Riveness) (Governmental Operations & Reform) would clarify that, for audits of local governments, "the residents and taxpayers of the state" are the clients of the state auditor or accountant, rather than the government body. The bill would require future audits to be based on federal standards for procedures and the scope of audits. The bill would also require use of certified accountants (vs. licensed) for audits. SH Metropolitan government Metropolitan transportation prioritization, housing compliance H.F.2172 (Orfield, Carruthers, Lieder) (Transportation & Transit) would require the state transportation plan to have metropolitan areas objectives and strategies to stabilize and enhance the economic health of the metro area, particularly the central cities. Highway projects would be compared to the costs and enviromnen- LMC Cities Bulletin Bill summaries continued tat impacts of alternate transit improve- ments. Companion bill S.F.1896 (Pappas, Krentz, Chmielewski, Ranum). SH Highway planning, gas tax, sales tax on gas, constitutional amendment H.F.2173 (Orfield, Bergson, Carruthers, I. Anderson) (Transporta- tion & Transit) would define metropoli- tan area transportation priorities and expand the use of highway user tax distribution funds (gas taxes and registration fees) to include light rail, other transit, and parking facilities. The bill would increase the gas tax to 25 cents (currently 20 cents). It would extend the sales tax to gas to provide funding for the transit assistance fund. The bill would offer a constitutional amendment to the electorate to deter- mine whether gas tax revenues must be dedicated solely to highway purposes. It also includes the other guidelines for the Metropolitan Council's transporta- tion planning. SH Pensions Police and firefighter relief associations --surviving spouse benefit H.F.1909 (Reding) (Governmental Operations & Gambling) would prohibit police or paid firefighter relief associations from discontinuing surviving spouse benefits for remarried surviving spouses and make the change applicable to any currently remarried surviving spouses. However, to avoid a mandate, this extension of benefits would not go into effect until after approval by the governing body of the city affected. SGP Firefighters relief associations.. volunteerfirefighter relief associations with more than $200,000 in assets to be audited by a certified public accoun- tant. All larger public pensions would need a written investment policy and report on investment earning gains and losses. In addition, the bill would allow an employer contribution reduction to those local police or paid fire relief associations which have assets in excess of full funding (Bloomington). SGP Personnel Funding for ambulance service personnel longevity award H.F.2339 (Reding, Cooper, Davids, C. Brown, Jennings) (Governmental Operations & Gambling) would use excess contributions in the state police and fire aid accounts to finance the ambulance service personnel longevity award and incentive trust program. Use of these excess contributions would not directly or immediately affect any local or state pensions, specifically volunteer firefighter pensions. JJ Public safety 11ruant transport to school by police S.F.2156 (Hettinger) (Crime Prevention) would authorize a peace officer or probation officer who has probable cause to believe that a child is currently under age 16 and absent from school without lawful excuse to transport the child to the school and deliver the child to the custody of a school superintendent or a teacher. JJ Metropolitan area firearms Y,J cover the cost of conducting a back- ground check or other firearms transaction. The amount is unspecified. The League supports this provision. JJ Special legislation Duluth: GO bonds for convention center H.F.2433 (Huntley, Jaros) (Local Government & Metropolitan Affairs) would authorize Duluth to issue general obligation bonds for up to $4 million to finance improvements to the Duluth entertainment convention center without a referendum election. Effec- tive upon city council approval. Companion S.F.2205 (Doug Johnson, Solon). SH Gaylord: Special service districts H.F.2439 (Mosel) (Local Govern- ment & Metropolitan Affairs) would allow Gaylord to create several special service districts within the central business district. The areas could be serviced for maintenance, repair, or replacement of improvements; snow removal; and promotion and manage- ment of trade or shopping areas. Companion S.F.2405 (Frederickson). SH Minneapolis: Job park authority SY2440 (Kroening, Flynn, Pogemiller, Ranum, Berglin) (Jobs, Energy, & Community Development) would authorize Minneapolis to designate a jobs park to expand job Opportunities within the city. The city could make loans or grants to qualified businesses as defined by a city ordi- nance. Companion H.F.2375 (Jefferson). SH auditor's bill restrictions Wakota bridge on I494 S.F.1641 (Riveness, Morse, SY2226 (Spear, Wiener, Belanger, Reichgott Junge, Langseth) (Crime H.F.2498 (Beard, Milbert, Pugh, Metzen, Merriam) (Government Perlt, Ozment) (Economic Develop - Prevention) would adopt a series of Operations) would require meetings of firearms restrictions in thment, Infrastructure & Regulation) a volunteer firefighter relief association e metropolitan would appropriate $4.2 million from to be open to the public, but would not area stronger than those in effect the state transportation fund for an subject violators to the civil penalties statewide. One provisith statewide environmental impact statement for on wi applicable in other open meeting law the Wakota bridge on Interstate violations. The bill would require applicability would allow a chief of 494. Companion S.R 1866 (Metzen, police or a sheriff to charge a fee to Price . SH March 18, 1994 B5 Bill summaries continued Minneapolis and St. Paul: Enterprise . CSAH distribution and city/county zones S.F.2443 (Kelly, Kroening, Flynn, Cohen, Runbeck) (Jobs, Energy, and Community Development) would authorize Minneapolis and St. Paul to create enterprise zones to stimulate job creation and retention. Zones could be established for a maximum of 10 years, and income or corporate franchise tax credits would be limited to $5,000 per employee. The bill would set mini- mum wage requirements, review, criteria, and require a report to the Legislature during the 1995 session. Effective upon approval by the city councils. Companion H.F.2811 (Mariani, Jefferson, Dawkins). SH Ramsey County turnbacks H.F.2501 (Asch, Stanius) (Trans- portation & Transit) would automati- cally add Ramsey county roads turned back to cities onto the municipal state aid (MSA) system. SH Transportation MSA and CSAH disaster and research accounts H.F.2457 (Ostoff) (Transportation & Transit) would increase the amount the municipal state aid (MSA) and county state aid highway (CSAH) accounts contribute to their disaster accounts (for disasters affecting designated roadways). The bill would change the composition of the disaster boards, and would increase amounts each account would allocate to the research fund. SH MSA eligibility for smaller cities S.F.2327 (Price) (Transportation & Public Transit) would allow two or more cities, with populations under 5,000, to form a joint powers public works street maintenance department and become eligible for municipal state aid (MSA). Companion H.F2526 (Beard, Battaglia). SH dispute resolution board S.F.2368 (Hanson, Langseth, Vickerman) (Transportation & Public Transit) would create a dispute resolu- tion board if a city failed to approve a county state aid highway (CSAH) project within its limits. The commis- sioner of transportation would appoint members to include: one city councilmember, one city engineer, one county commissioner, one county engineer, and a representative from the Minnesota Department of Transporta- tion. The board would make a recom- mendation to the commissioner, who would decide the outcome of the dispute. The bill would also establish a new distribution formula for county state aid. Effective for 1995 and after. League policy (LUEET-2) does not support this dispute resolution board, but proposes an alternative design. Companion H.R2694 (Lieder, Virgil Johnson). SH Road pricing study S.F.2439 (Pappas; Langseth, Flynn, Belanger, Novak) (Transporta- tion & Public Transit) would require the Metropolitan Council and the Minnesota Department of Transporta- tion, in conjunction with other institu- tions, to study options for road pricing. The study would include evaluation of public acceptance and understanding of these options, impacts of pricing, and selection of options for future demon- stration projects in the metro area. The option of vehicle charges based on the number of miles traveled statewide by each vehicle is one option the group must study. The council must submit a report to the Legislature by January 15, 1996. The bill includes an unspecified appropriation. SH � =3 Utilities Eminent domain through "quick take" procedures H.E2456 (Frerichs, Jacobs, C. Brown, Jennings) (Regulated Indus- tries) would prohibit cities from acquiring the right to furnish electric service to property located in rural electric commission service territory by quick take condemnation under the city's power of eminent domain. Instead, the city would have to obtain approval of the Minnesota Public Utilities Commission to establish the right to serve such property. The bill would be effective the day following enactment and would apply to acquisi- tions pending on the date of enactment. AH Training Underground Storage Tanks Training Minnesota Pollution Control Agency March 22—Burnsville March 24—Maplewood (612) 297-8679 1-800-657-3864 Workshop on Pollution Prevention Opportunities in Building Maintenance and 11urf Management for Minnesota Public Agencies Minnesota Office of Waste Management March 29—Rosemount Getting Higher Value From Public Funds Minnesota Coalition for Qualification Based Selection, Inc. and League of Minnesota Cities April 20—St. Louis Park Dave Oxley, (612) 922-9696 B6 LMC Cities Bulletin -^ �� # /'�,�; �,��gr �" � � � ��" pb' r ,,./" �,✓' r.6 i. ,� r°c.�,• ' y s cz. RIM -^ �� # /'�,�; �,��gr �" � � � ��" pb' r ,,./" �,✓' r.6 i. ,� r°c.�,• ' y s cz. Municipal ads Municipal ads are printed at no charge to member cities.Ads run in one Issue only unless notice Is received to run a second time. The Cities Bulletin is published weekly during the legislative session and once amonth during the Interim, the time between sessions. Municipal ads will appear In the next available Cities Bulletin. Cities have the right to reject any or all bids on equipment or proposals, and to waive any informalities therein. Minnesota cities are equal opportunity employers. Positions ADMINISTRATOR. Tonka Bay is accepting applications for city administrator who would report to four councilmembers and mayor. Responsible for supervision of seven employees and municipal liquor store operation. Salary DOQ. Qualifications include a degree in pubic administration or related field, and a minimum of two to three years experience in public administration or related responsible local government management position. The position requires strong interpersonal skills as well as experience in public finance, planning & zoning, computer operations and personnel management. Send resume and cover letter to Dave Canister, City Administrator, 4901 Manitou Road, Tonka Bay, MN 55331 by March 30, 1994. EOE/AA. ASSESSOR, BUILDING/ZONING OFFICIAL. Two Harbors is accepting applications for a position that will provide assessing/property appraisal, building inspection, and zoning administration. Reports to the administrator. Requires certifications as assessor and building inspector. lWo Harbors offers a competitive salary and excellent benefits. Position description and additional information are available from the Office of the Administrator, City Hall 522 1st Avenue, Two Harbors, MN 55616, (218) 834-5631. Applications accepted until 4:30 p.m. Friday, April 1, 1994. EOE. ASSISTANT BUILDING INSPECTOR. Hastings has an opening for a full-time assistant building inspector, responsible for implementation and enforcement of the state building code and City Ordinance. The position involves substantial public contact including conducting building inspections and issuing compliance orders regarding inspections. Require a high school diploma and valid Minnesota Class C drivers license. The preferable candidate will have a minimum 41ftwo years municipal inspection experience and a State Building Inspector Class 11 Certification. Salary range: $33,084 - $38.952. Application by resume submitted by April 4, 1994 to: City Administrator, 101 East 4th Street, Hastings, MN 55033. Hastings is an EOE/ AAE. DIRECTOR OF COMMUNITY DEVELOPMENT. St. Peter, a progressive, south central MN city ol'9,500 is seeking a director of community development. Areas of responsibility include municipal planning, zoning and building code enforcement, economic development, and community relations. Seeking candidate with degree in related field plus experience. Supervisory experience a plus. Salary range $37,000 - $40,000 DOQ. Job description available. Submit resume by April 6, 1994 to City Administrator, 227 South Front Street, St. Peter, MN 56082. EOE/AA. EXECUTIVE DIRECTOR. The Minnesota Dental Association, a $1.2 million budget, 2,800 member organization, seeks replacement for executive director retiring end of 1994. Must demonstrate planning, managing, delegating, budgeting, and communication skills. Experience in health care field is desired, but not required. Send letter requesting application and detailed information to: Executive Search Committee, Minnesota Dental Association, 2236 Marshall Avenue, St. Paul, MN 55104. MANAGER. St. Anthony, MN (pop. 8,000) is seeking a city manager. Salary $55,000 to $60,000. Four -member council and mayor. 50 full-time employees. Budget of $4.6 mil. with general fund of $2.3 mil. B.A. degree (Masters preferred) plus minimum of 4-6 years experience as city manager or assistant manager with supervisor responsibilities. Need dev./ redev/, staff relations, and infrastructure experience. Resumes by April 11, 1994 to: The Brimeyer Group Executive Search, One Tenth Avenue South, Hopkins, MN 55341 (612) 945-0246. MAINTENANCE. Maintenance position in the Public Works Dcparimcni available with Circle Pines. Responsible for a variety of laboring duties in the water, sewer, streets, and gas divisions of the Public Works Department. Position requires high school graduation. Interested persons must complete a city application and submit it by March 25, 1994 to the City of Circle Pines, 200 Civic Heights Circle, Circle Pines, MN 55014. EOE. PLANNER/COORDINATOR. Dynamic, progressive, rapidly expanding Roseau (Minnesota's "North Star City"), home of Polaris Industries, seeks a highly motivated, self-starter to serve as city planner/coordinator. College degree plus extensive experience preferred. Applicants should have educational background, training and skills in one or more of the following areas: city planning and development, zoning, engineering, grant writing, municipal government and public relations. Position involves close liaison with industry, business community, Mayor/ City Council, planning commission, city officials and staff. Salary negotiable depending on experience. Please submit cover letter and resume, including salary history to the Office of the City Clerk - 100 Second Avenue N.E. - Roseau, Minnesota 56751 by April 15, 1994. PROJECT ENGINEER. Engineering consulting firm is seeking civil engineer with a minimum of 8 years experience in municipal engineering for our Brainerd office. Position requires client contact, report writing, design and design supervision, project management, and construction administration of municipal type projects. Registration required. Competitive salary and benefits. Attn: Susan Lommen, Widseth Smith Nolting, Box 765, Brainerd, MN 56401. EEO/AA. PUBLIC WORK EMPLOYEE. Pelican Rapids is accepting applications through March 28, 1994 for a full-time public works employee. Duties will include municipal water and sewer work. Class D water and sewer license preferred. For application and information please call (218) 863-6571 or write to City of Pelican Rapids, 25 N. Broadway, PO Box 350, Pelican Rapids, MN 56572. Bids FIRE TRUCK. Notice is hereby given that the City Council of Cromwell will receive sealed hids at the office of the City Clerk, City Hall, Cromwell. MN, until 50) p.m. on April 6, 1994, for the purchase of a new 2,000 gallon booster tanker fire truck Municipal ads continued (in accordance with specifications on file in the office of its city attorney). The city proposes to purchase the tanker by a lease purchase agreement, but all bids should be submitted on the basis of cash payment for the property. Bids shall be directed by mail or personally delivered to the clerk's office, securely sealed and endorsed on the outside with a brief statement describing the property on which the bid is submitted. Copies of the specifications will be furnished on request to any prospective bidder at a cost of S 10. Copies of the specifications can be obtained by contacting the city attorney's office by phone during business hours at (218) 879-3363; or by mail: Frank Yetka, Cromwell City Attorney, 123 Avenue C, Cloquet, MN 55720. Bids will be opened and considered by the City Council at 8:00 p.m. in the City Hall on Wednesday April 6, 1994. The city council reserves the right to reject all bids. For sale RAPID RAIL SYSTEM. Ely is calling for sealed bids to be made on the following equipment: Rapids Rail System - automated side Loading Refuse Packer - consisting of: 1) 1985 Intl Model COF- 1950-B Corgostor, 2) 199 -more or less 90 gallon containers, 3) 400 -more or less 300 gallon containers. Interested parties may view system at the public works garage located at 50 West White Street, Monday - Friday between the hours of 7:30 a.m. - 4:00 p.m. Contact person: Ken Hegman, Supt. of Public Works. Each bid should be placed in a sealed envelope and marked, Rapid Rail System. Sealed bids will be received by the City of Ely until 4:30 p.m., Friday, April 29, 1994. Ely reserves the right to reject any or all bids to waive irregularities or to accept such bid that in the opinion of the city will be to their best interest. SANITARY SEWER RODDER. Arden Hills has for sale one Flexible Pipe Mode/SRS-248 Sewer Rodder mounted on a 1965 Chevrolet one -ton chassis. The Rodder is equipped with an auxiliary, Wisconsin air-cooled engine, approximately 500 -feet of rod, and miscellaneous cutters. An operating guide and parts book is also included. The chassis has approximately 64,250 miles and is in good operating condition. Sealed bids must be delivered to Arden Hills City Hall, 1450 W. Highway 96, Arden Hills, MN 55112. For more information contact Public Works Superin- tendent, Dan Winkel, at (612) 633-4443. Wanted USED WENGER SHOWMOBILE STAGE UNIT. Lakeville wants a used Wenger Showmobile stage unit or similar mobile stage unit with canopy or roof. Contact Renee at Lakeville Parks and Recreation Department at (612) 469-4431. Vike to hear fro 1-800.925a1122 OCOO0*00t plus or c1tY d The League of Minnesota Cities would like to encourage city officials to use the 1-800 number. It's part of the continuing LMC commitment to provide better, more efficient services to cities in Minnesota. Calls must be made from a touchtone telephone. If you have misplaced your city code, please call the League office. For more information contact the League of 1-800-925-1 122 or 612 490,5600 s ( I X.` �to HLA ennepin "The 1994 budget represents the lowest percentage property -tax increase in at least 15 years..." — Peter McLaughlin County Board organizes for 1994 New structure implemented Chair's column Board briefings 1994 Hennepin County budget: property -tax increase under 3 percent A budget of $1.157 billion for 1994 has been approved by the Hennepin County Board, requiring an increase in property taxes of 2.94 percent, less than the local inflation rate of 3.7 percent. "The 1994 budget represents the lowest percentage property -tax increase in at least 15 years, adjusting for the State's takeover of income - maintenance costs in 1991," said Peter McLaughlin, chair of the board's Way and Means Committee. "This budget also represents the first time in at least a decade that there will be a net decrease in county staff," said County Administrator James M. Bourey. "It reflects our mutual commitment to providing the best level and quality of services for the lowest cost." The budget also reflects the County Board's desire for more public input about county programs and the county budget, improvements in the way the county provides services, and maximizing collaboration with other units of government. "We were able to break away from what had become the traditional way of crafting a budget in Hennepin County," said McLaughlin. "I am pleased to say that the 1994 budget was shaped more by the need for early intervention to assist both our citizens and communities." Some specifics of the 1994 budget: • additional funding for new social -services prevention strategies; • expanded property -tax support for child-care subsidies for the working poor; • establishment of a $500,000 com- munity initiatives fund earmarked for pilot social -service projects; • additional funds to combat sexu- ally transmitted diseases and to address the health needs of suburban adolescents; • keeping open, but reducing hours, at community libraries in Long Lake, Orono, St. Anthony and St. Bonifacius, in response to the wishes of residents of those communities; • enhanced video communications which will result in board and commit- tee meetings being televised live. The authorized number of Hennepin staff for 1994 is 10,236.6 full- time positions, a decrease of 10.6 posi- tions from last year. Property taxes account for 30.9 per- cent of the Hennepin budget, with other major sources of funding being fees for services (36.7 percent), the state (11.7 percent) and federal governments (6 percent), and other revenues (14.7 percent). During much of the 1980s, proper- ty values increased faster than the rate of inflation. As a result, the county had a growing tax base which helped to hold down increases in property -tax rates. In the past two years, property val- ues have grown at a rate less than the Consumer Price Index. This means that the price of goods and services the county purchases to carry out its pro- grams is now growing faster than the resources used to fund those programs. Members of the Suburban Adolescent Health Task Force testified at a County Board Committee meeting. Board reduces cost of garbage disposal Reduced fees for garbage disposal in Hennepin County took effect Jan. 1. The County Board voted to reduce the tipping fee — the cost of disposal for garbage — from $95 to $60 per ton for all waste facilities in the county sys- tem and to establish a solid waste man- agement fee that will be applied as a percentage of a resident's or business's garbage bill. The fee was set at 9 per- cent for residents and 14.5 percent for businesses. With this new funding structure, county officials said that most garbage bills should decrease in 1994 because the new disposal cost plus the solid waste management fee will be signifi- cantly less than the former disposal cost of $95. The purpose of the solid waste management fee is to fund environ- mental programs which protect the health and welfare of county citizens. This fee pays for recycling services, household hazardous waste manage- ment, tree waste management, and routing and transfer to appropriate facilities. In December, the board approved an agreement with the City of Minneapolis that allows the city's resi- dential garbage, which is about one- sixth of what the county receives, to stay within Hennepin's solid -waste sys- tem. The City Council had considered sending its residential waste to a land- fill in Illinois instead of the county - sponsored waste -to -energy plant in Minneapolis, saying it would save the city money. Commissioners Randy Johnson and Peter McLaughlin, negotiators for the county, contended that there would be no real savings in sending the garbage to an Illinois landfill and that there would be less environmental harm in burning the garbage than in burying it. 'Following our many successes in 1993, I believe it is time to focus our policy efforts on broader, system -wide goals for the upcoming year.' —Mark Andrew Mark Andrew O New organizat1111 ional structure implemented With the coming of the new year, a streamlined Hennepin County govern- ment structure is in place. The restructuring, proposed by County Administrator James M. Bourey and unanimously approved by the County Board, eliminated the old bureau system in which each of five associate administrators was in charge of a particular line of county business, such as health or social services, and reduced the number of county depart- ments from 30 to 20. "This refocusing will help us respond to the County Board's priori- ties and make us a more efficient orga- nization," said Bourey. "An important dimension is that there are five associ- ate county administrators who now have the responsibility to pursue spe- cific initiatives throughout the organi- zation that the board wants to see implemented." Each associate has a countywide functional responsibility: Charles Sprafka, human resources; Dan McLaughlin, enterprise and strategic management; William Swanstrom, capital resources; Carol Ogren, com- munity initiatives; and the associate administrator of performance mea- surement and evaluation is to be named in the near future. Three of the associate positions were filled by existing associate administrators —Sprafka headed the Bureau of Personnel, McLaughlin the Bureau of Health, and Ogren the Bureau of Social Services. Swanstrom most recently was regional manager of Tokai Financial Services, a subsidiary of Tokai Bank. Here's a brief summary of the new functions: Human resources The associate administrator will review and approve all depart- mental staffing plans, review and recommend approval of all departments' organizational structures, and actively promote Charles Spratta diversity in the Associate Administrator county workforce. Enterprise and strategic management Duties of the asso- ciate administra- tor include approving strate- gic and business plans for all departments, cre- ating new entre- preneurial activi- ties, and develop- ing a countywide five-year strategic Dan McLaughlin and financial plan. Associate Administrator Capital resources William Swanstrom Associate Administrator The associate is responsible for providing a policy focus on long-range financial planning, integration of activ- ities between county depart- ments involved in financial or capital planning and operations, and optimiz- ing the return the county receives from its capital investments. Community initiatives The associate administrator will review and modify all county service - delivery operations in order to improve effectiveness, pre- vention and early intervention, meet with community organizations to { ' gather support and recommendations, and develop an Carol Ogren integrated Associate Administrator approach for delivering health, social, employment and corrective services. Performance measurement and evaluation The associate will direct the develop- ment of measurable goals for all coun- ty operations and generate periodic "report cards" of progress. A nation- wide search for candidates for this position is underway. The new structure also features a significant reduction of organizational levels through the consolidation of departments and the retitling of some bureaus as departments. "The result," said County Board Vice Chair Emily Anne Staples, "is that department heads will have more independence and accountability for day-to-day operations." Andrew re-elected County Board chair Commissioner Mark Andrew was unanimously re-elected chair of the Hennepin County Board by his fellow commissioners at the board's 1994 organizational meeting Jan. 4. This is the third time that Andrew has served as chair since he joined the board in 1983. In accepting the leadership posi- tion, Andrew thanked his colleagues for their vote of confidence. "Hennepin County is on track and moving for- ward;' he said. Andrew said he looks to 1994 as a year when Hennepin County can play a larger role in issues of regional gov- ernance, designing the health care sys- tem, reforming the welfare system and improving the criminal justice system. "Following our many successes in 1993, I believe it is time to focus our policy efforts on broader, system -wide goals for the upcoming year;" said Andrew. Commissioner Emily Anne Staples was re-elected vice chair at the annual organizational meeting. The following is a list of chairs and vice chairs of the board's committees elected for 1993: Ways and Means Peter McLaughlin and Andrew. Public Service Randy Johnson and Mike Opat. Social Services Sandra Hilary and Opat. Health Staples and John Keefe. Community Corrections and Judiciary Opat and Hilary. Intergovernmental — co-chairs McLaughlin and Staples, and Keefe as vice -chair. Meetings of the County Board and its committees are held on the 24th Floor Board Room of the Hennepin County Government Center. For infor- mation about meeting dates, call the Clerk of the County Board at 348-5433. Department heads appointed The Hennepin County Board recently confirmed five high-level appointments made by County Administrator James M. Bourey. "These additions to our already strong management team will help to make it the very best of any local gov- emment in the country," Bourey said. The appointments: Robert Hanson, as director of the new General Services Department con- sisting of the former departments of General Accounting, Information Services, Property Tax and Public Records, Assessor and Central Services. Hanson has served in several county positions including Information Services director, deputy county administrator and acting coun- ty administrator. Maureen Reeder, as director of the Public Affairs Department. Reeder had been a reporter at KMSP Television in the Twin Cities since 1985. David Sanders, as director of the Children and Family Services Department which includes services provided directly or purchased for children and families, such as child protection, foster care, day care, adop- tion and family preservation. Dr. Sanders had served in a number of Hennepin positions including acting director of the Children and Family Services Department since July. Rafael A. Viscasillas, as director of the new Human Resources and Employee Relations Department that includes functions from the former departments of Personnel and Compliance and Diversity. Viscasillas most recently was human resources director for the City of Tucson, Ariz. Barbara Droher, as director of the Adult Services Department which includes social services primarily con- cemed with adults, including chemical health, mental health, and services to the disabled and seniors. Droher for- merly was director of the LeSueur County (Minnesota) Department of Human Resources. Hennepin's legislative agenda set for 1994 Adequate state financing so Hennepin County can meet increasing service demands is a priority issue in Hennepin's 1994 legislative program, as it was in 1993. The Hennepin County Board rec- ommends that the 1994 Minnesota Legislature, which convenes Feb. 22, work with the county to balance ser- vice needs and requirements with suf- ficient state funding so there won't be large property -tax increases or major service reductions. The board adopted a resolution Jan. 25 recommending that the follow- ing issues be given priority status dur- ing the 1994 session: health-care reform and financing; welfare reform/enhanced employment opportunities; transportation, transit and light rail transit; crime, its costs and prevention; property taxes and adequate state financing. For Hennepin County, 1993 was a year of major change — in our ranks and in the way we do business. Our internal changes are most obviously reflected in the county's new leadership — a new County Board chair, three new commis- sioners, a new top administrator, two new associate adminis- trators and six new department directors. I am pleased that the county's mission is now in the hands of a diverse, enthusi- astic and results -oriented team. The work of the new Hennepin County team has resulted in extensive internal reforms at the County Board level and a Specific recommendations include that the State Legislature address the growing public health threat of tuber- culosis by making tuberculosis drugs and care an eligible Medical Assistance benefit, that the Legislature increase funding for light rail transit in the central corridor between down- town Minneapolis and downtown St. Paul and that the state provide ade- quate funding for employment and training programs. Hennepin takes part in ethanol project Hennepin County is participating in the Midwest Ethanol Demonstration Project, a research project initiated by the U.S. Department of Energy to test the use of a 95 -percent ethanol blend as fuel in heavy-duty trucks. The three-year project involves two specially designed ethanol -pow- ered snowplows as test vehicles and one diesel -powered snowplow as a control vehicle, all of which are now in service in Hennepin County. "What is unique about this project is the high percentage of ethanol in the fuel blend," said Commissioner Mike Opat. "Hennepin is the first public jurisdiction in the nation to acquire and operate heavy duty trucks with such a high concentration of ethanol." "The testing of alternative fuels is sound government policy," said Commissioner Randy Johnson, chair of the board's Public Service Commit- tee. "It's important to test ethanol here in the Midwest where corn is one of our major crops and because ethanol is a renewable, domestic fuel." in full session with the Minneapolis City Council and the Minnesota School Board for our third "summit" meeting. The theme of that meeting will be violence in our community and its impact in our homes, on our streets and in our schools. A fourth "summit," in the late spring, will focus on job creation, public works and economic development. During this year's legislative session, Hennepin County will be a positive and important force on urban and suburban issues. At the top of our agenda is comprehensive welfare reform, with health-care and job -creation components. Also, restructuring of the bureaucracy that has reduced the number we will be taking a lead in shaping regional governance of departments by one third. The county's reforms, restructur- issues. And, of course, we will continue to collaborate with ing and commitment to providing Hennepin residents with the most efficient, results -driven government came together during the 1994 budget process when the board approved the lowest property -tax increase — 2.94 percent — in 15 years. Now, in 1994, Hennepin County will be looking outward towards other local jurisdictions of government and the State Legislature. In March, the County Board will once again meet our local government partners to redesign services in a more effective and less costly manner. With our many achievements, 1993 was one of the biggest "turn -around" years in county history. In 1994, we have posi- tioned ourselves to begin making positive long-term impacts on the social issues that will define our region's quality of life into the next century. —Mark Andrew Hennepini f . Public Affairs Department -Hennepin County Government Center WE Street Level, 300 S. Sixth SL Minneapolis MN SS487 Volume 1, No.2 Update is published quarterly as a service of the Hennepin County Board of Commissioners Dist. 1 Mike Opat (348-7881) Dist. 2 Sandra Hilary (348-7882) Dist. 3 Mark Andrew, Chair (348-7883) Dist. 4 Peter McLaughlin (348-7884) Dist. 5 Randy Johnson (348-7885) Dist. 6 John Keefe (348-7886) Dist. 7 Emily Anne Staples, V. Chair (348-7887) Produced by Public Affairs Department Editorial staff: (612) 348-3848 ® Printed on recycled paper, of course. 1'r Leave a recorded message 24 hours a day at 348-HENN (348-4366) or by FAX 348-9857 (TDD calls, 348-6872). Write: NE Street Level, Government Center, Minneapolis, MN 55487-0011 Your comments count! Problem materials drop-off opens in Bloomington A new Hennepin County facility in Bloomington is providing residents of the southern part of the county with a convenient drop-off site for house- hold hazardous wastes and problem materials. The South Hennepin Recycling & Problem Waste Drop Off Center is located at 1400 W. 96th St. in the James Avenue Industrial Park. Hours are 10 a.m. - 6 p.m. Tuesday through Friday, and 8 a.m. - 4 p.m. Saturday. "This center is an important part of the county's integrated waste -man- agement system," said Commissioner Randy Johnson, chair of the County Board's Public Service Committee. "It has been designed to accommodate a variety of hazardous materials, and we anticipate that it will serve about 16,000 households and collect some 110,000 gallons of household waste annually." The center has exchange areas for 'T! 414'.. Bulk Rate U.S. Postage PAID Permit No. 3273 Minneapolis MN I 0 3¢00 Byrn ult) Piy n J ,.'IN ss-4+7- unused 5 4+7 - unused or reusable materials and processes other materials for recycling or disposal. County residents also may drop off recyclable materials, such as newspapers, cans, glass containers and corrugated cardboard, at the center. Materials collected for a fee are major appliances, tires and small brush. A similar facility in Brooklyn Park serves residents of the northern part of the county. Seniors work to pay off taxes The Retired Citizens Tax Program allows seniors to work for Hennepin County and thereby earn money that they can apply toward the county por- tion of their property tax bills. Under the program, retired home- owners are paid at a rate of $4.25 an hour and can earn up to the amount of the Hennepin County portion of their property tax bill, which is about one- third of the total bill. The jobs are regular temporary positions and are funded by the approved budgets of county operating Remick retires as head of capital task force Robert Reznick has retired after serving 20 years as chairman of the Hennepin County Capital Budgeting Task Force, a body that oversees the county's long-term capital plans and capital projects. ' The County Board, in a resolution declaring Dec. 14 "Robert Remick Day" in Hennepin County, expressed its appreciation to Remick for the exemplary service he has provided to the county. The resolution stated, "Mr. Remick's common sense, logic and financial expertise have guided the CBTF from its establishment to the present and have helped the county secure and maintain its AAA credit rating and repu- tation for fiscal soundness. departments. "This program will not cost the taxpayers of Hennepin County any additional money as the county hires a number of temporary employees throughout the year," said Commissioner John Keefe, sponsor of the program. Foster care commission makes recommendations A series of recommendations intend- ed to improve the welfare of children in the foster -care system has been approved by the County Board. The 20 -member Foster Care Policy Review Commission, established by the board in early 1993, conducted a com- prehensive review of the foster care program in Hennepin County. "This group worked very hard," said Commissioner Sandra Hilary, chair of the commission and of the County Board's Social Services Committee. "This is a complex issue, but we believe that these recommendations will ulti- mately improve the outcomes of chil- dren who are affected by the system." The commission's report notes sever- al themes which emerged in its exami- nation. One is the inherent tension between the goals of keeping families together and providing safe, permanent homes for children. Recommendations to help satisfy both these needs include early interven- tion services to work with families before there is a need to remove chil- dren from homes, and regular assess- ments to determine as quickly as possi- ble when families cannot be reunited, allowing children to be placed in anoth- er permanent home as soon as possible. rA r: ; 13" P) CO 't �-J kLl W L.L Tuesday, March 22, 1994 Page 3 uioaENEvr PRESS Orfield Qlaims north suburban taxes are unfairly diverted to southwest suburbs by Mark Nicklawske' Associate Editor SooMing development in the hfgh=priced southwest Minneap- olis: s4urbs is one reason Rose- ville ah6 residents saw a 15 - o_ m Subs; Q state P lfinne se'haol.; trolled= Li gained from taxing homes over $150,000 would be used to fi- nance city and first -ring sub- urban redevelopment programs. The Roseville School District asked Orfield to present his extensive metro area demo- fished . dub rbs _ � i R4>3t?v t MapleWcad and Little Canada.. Orfield )las several bills cur- rently iti ; �elahve committee designet� '''.control metro area housing 'expansion and: .tax hfgh-priced. homes. Money claip44mped 15 percent. Shel- ` ton aid -"a good chunk of that extra ,n1o40y is going to build new schools in places like Ply- mouth and Eagan. "He really, raised the question of the fairness of the current tax situation. I think he had some powerful information that everyone should take a look at," said Shelton. The Orfield study showed striking development patterns in the southwest Minneapolis suburbs and dramatic changes in the inner -ring suburban pop- ulation over the last two decades. Minneapolis, for example, had 21 percent of its children living under the poverty line in 1979, now it has close to 35 percent. Columbia Heights, a first -ring suburb similar to Rose -61 -le, had 11 percent of its children under the poverty line in 1979 and 21 percent in 1989. Minneapolis increased 81 per- cent in 10 years, while Colum- bia Heights jumped 116 per- cent. Meanwhile, the 1990 average home value in Lakeville and Apple Valley is between $100,000 and $125,000. Outer -ring suburbs have built 78 new schools in the last 20 years, while Minneapolis, St. Paul and inner -ring suburbs have. closed 160 school build- ings. The rich, said Orfield, are moving to the edge of the metro area. "The second -ring suburbs are welcoming people from the first - ring suburbs with newly -built homes but there aren't any apartment buildings or moder- ate -income homes for people of lesser means.' The adjusted median income in 1991 dollars for central city residents is $35,000; for first - ring residents it's $42,000 and for outer -ring residents it's $50,000. Orfield said runaway develop- ment in the southwest have sucked financially -strong fami- lies -and businesses out of the city leaving the poor to deal with more problems. He said as outer -ring suburban develop- ment continues at a fast pace, first -ring suburbs, like Rose - ,411e, are now beginning to see their tax base erode. "What amazed me was the Orfield l page 8 graphic research to the board March 8. Board Chair Ellen Shelton said Orfield provided excellent e planning information and sup- ported theories that north sub- sola _Leg.asda.tzt•re urban tax dollars are building se:ori their school .,: new cities and school districts to tty'iBX'. bfll' tlSs; ; south and west of Minneapolis, "It .: clearly showed how a dis- piadversary -proportionate amount of the Fon Orfield (DFL- property ax in :.tgld- :�113Oeevi le il et andollars the orthl sub-. ! urban area is going: to other , 0 C15�'i3`; school districts" said Shelton. ' _ n �. 3;: tifs The Roseville School District Y k budget g 1.3 percent for an yet its property tax fished . dub rbs _ � i R4>3t?v t MapleWcad and Little Canada.. Orfield )las several bills cur- rently iti ; �elahve committee designet� '''.control metro area housing 'expansion and: .tax hfgh-priced. homes. Money claip44mped 15 percent. Shel- ` ton aid -"a good chunk of that extra ,n1o40y is going to build new schools in places like Ply- mouth and Eagan. "He really, raised the question of the fairness of the current tax situation. I think he had some powerful information that everyone should take a look at," said Shelton. The Orfield study showed striking development patterns in the southwest Minneapolis suburbs and dramatic changes in the inner -ring suburban pop- ulation over the last two decades. Minneapolis, for example, had 21 percent of its children living under the poverty line in 1979, now it has close to 35 percent. Columbia Heights, a first -ring suburb similar to Rose -61 -le, had 11 percent of its children under the poverty line in 1979 and 21 percent in 1989. Minneapolis increased 81 per- cent in 10 years, while Colum- bia Heights jumped 116 per- cent. Meanwhile, the 1990 average home value in Lakeville and Apple Valley is between $100,000 and $125,000. Outer -ring suburbs have built 78 new schools in the last 20 years, while Minneapolis, St. Paul and inner -ring suburbs have. closed 160 school build- ings. The rich, said Orfield, are moving to the edge of the metro area. "The second -ring suburbs are welcoming people from the first - ring suburbs with newly -built homes but there aren't any apartment buildings or moder- ate -income homes for people of lesser means.' The adjusted median income in 1991 dollars for central city residents is $35,000; for first - ring residents it's $42,000 and for outer -ring residents it's $50,000. Orfield said runaway develop- ment in the southwest have sucked financially -strong fami- lies -and businesses out of the city leaving the poor to deal with more problems. He said as outer -ring suburban develop- ment continues at a fast pace, first -ring suburbs, like Rose - ,411e, are now beginning to see their tax base erode. "What amazed me was the Orfield l page 8 C- f` i iT TJ UJ r-. PTUe2dOy,-Msfiih 22; 1994 8 :WPREM .O e. Continued from page 3; groups for disruptive students. impoverishment and disinvest- Students on the free or reduced ment, social and economic lunch program in Roseville have changes that were occurring in increased from 8.5 percent in Minneapolis weren't just occur- 1981 to 18 percent in 1993. ring there,' said Orfield. "Whey Lakeville has 1 percent of its weren't just a phenomena in the students on the government central cities but they were in- program. volved in the inner suburbs as Orfield said large cities are well," able to somewhat fend off the Shelton :said Rogeville. schools damage of suburban sprawl be - are seeing .more .children with cause they have big downtown greater_iieed�;leadirg to -higher areas, a large tax base and costs for;specWiediiaation On,.- ;.:established social servioes. Gen- gramgcouiieelitzg and support : trifi'cation, in older city ;p$jo borhoods, like Kenwood in Min- 1990 on road construction in the neapolis or Summit Avenue in southWeat suburbs; less than St. Paul, offset decay in poorer $50 million in Ramsey County. neighborhoods. He said massive amounts of Inner -ring suburbs aren't so sewer construction dollars are lucky. pouring into the southwestern "The changes (in first -ring suburbs to build new homes, suburbs) are a lot more rapid so dollars- that are coming out of they hit harder than they have other areas. in Minneapolis," said Orfield, "We're wondering if some of Both Shelton and Orfield said these regional investments state policy encourages the might be better spent in things abandonment of the central city like mass transit, things that and first ring suburbs would solidify the older.parts of The. state, sI?ant::ftitire :t is tikafT.building $200 million between 1980 and . es oi1� to inflriity.'' r- CITY OF PLYMOUTR FOR IMMEDIATE RELEASE FOR MORE INFORMATION: March 22, 1994 Bob Fasching, 550-7492 Watermain Flushing Set for April and May The City of Plymouth will flush watermains in industrial areas April 5 - 7, and in residential areas from April 8 - May 6. . Watermain flushing will be as follows: • Industrial areas on both sides of I-494, south of Highway 55 - April 5, 6 and 7; • Residential areas west of I-494, except for Camelot area - April 8 - 22; and • Residential areas east of I-494 and the Camelot area - April 25 - May 6. Water customers may have discolored water on the day their area is flushed. If so, let your outdoor water spigot run until the water is clear. Residents are advised not to wash clothes on the day their area is flushed because of the possibility of rusty water. Check the map below to see the exact date your area will be flushed. If you have questions, please call 550-7490 after April 1. -30- We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 - TELEPHONE (612) 550-5000 1994 SPRING WATERMAIN FLUSHING SCHEDULE ,ELI 54 aL ZF Sound Clips 7390 32nd Avenue North, Suite 104 Minne, (612) March 23, 1994 Mayor Joy Tierney, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447 Dear Mayor Tierney; As a resident of the city of Plymouth, I would like to call to your attention some of the pitfalls contained in approval of the so-called "Ponds at Bass Creek" project. At the outset, I admit I have a vested interest since I live within two blocks of the area being considered. However, I approach the problem with a somewhat different viewpoint than many from whom you have received phone calls and letters. As a former Mayor of Crystal and a former City Councilman from that community with more than a dozen years experience in city government, I can certainly understand the problems you face in both explaining and approving controversial projects. No one told you the job was easy, and it is precise- ly these kinds of projects that make it difficult. But that same experience leaves me with great concerns over approval of this project. It is my understanding that the DNR has already offered an appraisal of this project and asked for a delay. If I understand it correctly, the DNR also voiced concern ove rthe projects possible negative impact on wetlands in the area. Their analysis, I am told, indicates a major increase in the impervious surface area as a result of the construction of housing, and commercial buildings in the project. Impervious surfaces are not something most people talk about in everyday conversation, but I have to say increases of that magnitude sounds like trouble to me. During the time I served in Crystal, in the seventies and eighties, we experienced two so-called "100 year floods." The increase in both the severity and frequency of flooding was in direct relation to the increase in the amount of impervious surface in communities west of Crystal. As a result, agreements were reached with New Hope on drainage which are still in effect today. New and very costly storm drainage had to be provided and human lives were, to no small degree, impacted negatively. As progress has moved west, so has the increase in manmade accelerators to the natural runoff. That is not my only issue with "The Ponds." I know I join my neighbors in voicing concern for the pressure additional housing and wetlands filling will cause on the wildlife of the area. What it will do to the water quality of the watershed flowing to the Mississippi River is a matter for technical conjecture, but it certainly will not be beneficial. Further, in just the three short years we have lived in the area, the deer herd and the number and variety of wildlife has markedly decreased. While Plymouth is rich in parkland there are lessons to our east in Minneapolis that may cause us to wonder what would happen if we leave some areas underdeveloped. If Minneapolis had not thought about this at the turn of the century there would be no Wirth Park or Eloise Butler Wildflower garden. f0, Sound Clips 7390 32nd Avenue North, Suite 104 Minneapolis, MN 55427 (612) 533-2813 A recent flyer in our neighborhood suggests the Council must either vote yes or no on the project April 4th. That seems, first of all, to be an overstatement of the urgency for a decision. First, it mental questions posed would seem to me, a delay would be in order to study the environ by the neighbors and the DNR. Further, you ought to also deny plans to require extensive variances to bed lots and housing plans to fit locations where development is not in not to consider just an orderly and proscribed manner. And finally, I would urge you development as an enrichment to our community, but also the concerns of all your neighbors who, quite rightly, oppose this project. I would urge you and the entire Council to vote against the proposal. Sincer ly, Thomas N. Aaker 10815 53rd Avenue North Plymouth AKIN 55442 (612) 557 6772 cc: David Anderson Sheryl Morrison Nicholas Granath John Edson Carole Helliwell Chuck Lym angood March 21, 1994 Dear Mayor and City Council: We live at 10700 53rd Avenue North. The development of Bass Creek Ponds is of great concern to us. After attending two of the meetings relating to the wetland ordinance review now in progress, we recommend that you deny the Daniel Development Proposal on April 4th. Recognizing how a new wetland ordinance would protect this, and other delicate areas, it is in the best interest of our community. Please consider the encroachment that has already taken place in neighboring developments; Wild Wings, Boulder Ridge, and Deerhaven. This proposed development is an opportunity to evaluate the impact continued growth will have in the absence of an ordinance that is more environmentally responsible. Thank you for your consideration. Please help us protect our city's natural areas. Sincerely, Dennis an aren Jackson March 22, 1994 Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth MN 55447 Dear Mayor Tierney, XdP 5`c MAR 2 3 1994 I am writing about the EAW for The Ponds at Bass Creek (file #93106). i�S'� reviewed the EAW in great detail, and was very disappointed to find it is missing so much significant information. There is very little data given about the wetlands, despite that 3370 of the property is wetlands, seven of the eight wetland types exist on the property, and eight of the 25 wetlands will be partially or completely filled. Information about location, size, type, condition, and dependent plant and animal life is sketchy at best. Forest removal and mitigation is also not covered sufficiently. 14.1 acres out of 18.4 (77%) will be destroyed, but we don't know where from. Trees covered by Plymouth's Tree Preservation Policy were not catalogued, and those that will be removed are not identified. Grading plans were obviously lacking. 44 acres, 707o, of the non -wetland property will be graded. There is a 50' change in elevation on the site. Cut will be as much as 22' (44%), and fill as much as 9' (181yo). There is no charting of topography, or indication of where grading will occur. Some slopes are greater than 12 degrees, which poses problems for grading, erosion, runoff, etc., but this is not discussed in the EAW. Storm water runoff plans are also missing. There are questions about the treatment ponds being sufficient in size, quantity, and quality, and their effectiveness in pollutant and sediment removal. These could pose significant environmental impact to the wetlands on the site and Bass Creek, and have downstream effects on Shingle Creek and the Mississippi River. More information is needed to make an accurate assessment. The EAW is very slanted toward development. It underestimates the negative impacts, such as the effect of development to the wetland environment, and overestimates the effectiveness of preventive measures such as erosion control and pollutant removal. There is also a "connected action" issue with the adjacent property to the east of the site. As the owner of the adjacent property indicated, the development of his property is dependent on this project to put in the road that will eventually connect to Nathan Lane. Because of this, the adjacent property needs to be included in the EAW, according to the EAW Guidelines, and it was not. It was included in the 1988 EAW. - S -C. The DNR voiced some of my same concerns, and asked for additional information and a 30 -day delay for the EIS -need decision. It would not be fair to the EAW process for the Council to agree to do this, as the public would not be able to review the new information. I strongly urge you to reject this EAW, and request a new one that includes all the missing information as identified by the DNR and other commenters. This will also allow a 30 -day public review and comment period after the new EAW is complete, so all the new information can be reviewed as the EAW process intends. The review of the new EAW should be with the City Council, just as the current one is. If the current EAW does get approved, then the City Council should order an EIS. The current EAW is inadequate as a tool for assessing the environmental impact, and does not include sufficient information to use as a basis for evaluating and recommending changes to reduce the impact of the developer's plan. The information missing in the EAW can be supplied in the EIS. One thing that has become very clear to me as we go through the EAW process is that permitting agencies do not review the impact of a project, nor are there standards against which to measure impact. When permits are granted, they are only regulatory, that is, they define what can or can't be done. Only the LGU, the City of Plymouth, evaluates the project as a whole for appropriateness and impact. Because there are so many issues with this development, it would be better that we should proceed cautiously than to move forward without all the facts. Sincerely, �i Anne Bipes 10605 52nd Ave N Plymouth MN 55442 557-9956 48W Wednesday/March 16/1994/Star Tribune Group: Environment law is dodged It says regulators' lackluster approach partly responsible By Dean Rebuffoni Staff Writer One of Minnesota's premier environ- mental laws, the 21 -year-old Envi- ronmental Policy Act, has failed to protect natural resources and public health adequately, a nonprofit group charged Tuesday. The Minnesota Center for Environ- mental Advocacy said the act is the state's first line of defense against environmental degradation because it is intended to prevent harm before construction begins. . However, the group said in a report issued yesterday that its analysis of more than 100 projects subjected to environmental review since 1990 re- vealed that numerous private and public developers have circumvented the Policy Act. Those projects ranged from major housing projects that pol- luted ground water or harmed wet- lands to new factories that emit tox- ins into the air. The group charged that developers, including government agencies, often ignored the act's requirements and prepared inaccurate and incomplete environmental assessments of their projects. Such assessments are sup- posed to identify less harmful alter- natives, but the group said that few developers actually modified projects to make them more environmentally compatible. It said developers were able to do that largely because of a "lackluster approach to implementing the act" by regulators, especially the state En- vironmental Quality Board. ."The board has not used the author- ity it has been given by the Legisla- ture to ensure that this process pro- tects the environment," said Bob Eleff, the report's principal author. "The result is a program without the checks and balances to ensure that the environment is protected and which lacks public accountability for environmental decisionmaking." The board's chairman, Bob Dunn, was chief Senate sponsor of the 1973 legislation that created the Policy Act. He emphasized yesterday that the board recognized several years ago that there are shortcomings in the state's environmental -review process, and that it expects to recom- mend that the 1995 Legislature strengthen the program. "We've been working with the Cen- ter for Environmental Advocacy," Dunn said. "They've provided us with a lot of important information that we're considering as we review the program." He agreed with the group's conclusion that too few pro- jects are subjected to full-blown envi- ronmental -impact studies. Rather, most project proposers are only re- quired to prepare a less -thorough document, called an environmental assessment work sheet. The group charged that agencies that issue construction permits "often ig- nore the law's clear directive to act on information developed [in envi- ronmental reviews] to protect the en- vironment." It stressed that there is no forum, other than the courts, for citizens to challenge what they con- sider to be poor or biased decisions made by those agencies. Environmentalists have long argued that the Environmental Quality Board orders too few environmental - impact studies and relies too heavily on the less -exhaustive assessments in determining whether to allow proj- ects to proceed. Developers often contend that environmentalists sim- ply want to use the review process to delay environmentally sound proj- ects. That unnecessarily drives up costs, developers say. The advocacy group recommends numerous changes to the environ- mental -review program. For exam- ple, it recommends that the Environ- mental Quality Board and other state regulators require more stringent re- views of a wide range of projects, including farm feedlots, aquaculture operations and plants that discharge toxic chemicals into the environ- ment. The Center for Environmental Advo- cacy was founded by Sierra Club ac- tivists in 1974 as Project Environ- ment Foundation, but now has no official connection with the club. kJ March 17, 1994 CITY OF u Mr. Tom Sather PLYMOUTH+ Chief Administrator METROPOLITAN TRANSIT COMMISSION 560 6th Ave. No. Minneapolis, MN 55411-4398 SUBJECT: TOUR OF THE MTC OPERATIONAL FACILITIES FOR PLYMOUTH STAFF AND METROLINK PACT MEMBERS Dear Tom: Please accept my thanks to you and your outstanding staff for taking time from your very busy schedules to give us a guided tour of your facilities last evening. I can assure you that it was very much appreciated by everyone in attendance from Plymouth. You are very fortunate to have so many talented and dedicated people as members of your staff. Speaking as an experienced public servant and politician, it gives me great pleasure to see so many enthusiastic and dedicated people working on the same team. If the majority of your employees are of the same quality as those involved with the Plymouth Metrolink System, it certainly does make your job easier. I would also like to express my personal gratitude for the splendid cooperation I have received over the past 13 months after assuming the role of Transit Administrator for Plymouth Metrolink. I cannot say enough good things about all of the individuals involved in our system that I have dealt with during that time. Please convey my special thanks to Steve Jaeger, Hugh Hudson, Ella, Georgia, Steve Mahowald, Bruce Bakke, and Jan Homan. Thanks again for everything and I am looking forward to many years of a continuing excellent working relationship. Best wishes to you in all of your future challenges at the MTC. Sincerely, `_-J,dhn R. Sweeney Assistant Engineer cc: Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 e TELEPHONE (612) 550-5000 X619 DATE: March 23, 1994 TO: Mayor and City Council FROM: Kathy Lueckert, Assistant City Manager SUBJECT: Junk Mail Distribution Several weeks ago Councilmember Helliwell inquired about whether or not it is possible to regulate junk mail distribution in the City. A constituent had expressed concern about junk mail and the possibility that the accumulation of junk mail at a residence may increase the likelihood of burglary. The City Attorney was asked to investigate the options open to the City, and his response is attached. It appears that we can regulate the distribution of some junk mail, although the ordinance must be carefully crafted. Please call me with any questions. We welcome your input on whether or not you are interested in pursuing an ordinance regulating junk mail distribution. March 18, 1994 BY TELEFAX Ms. Kathy Lueckert Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Junk Mail Distribution Regulation Dear Kathy: OF COUNSEL JOHN R.CARROLL JAMES D. OLSON ROBERT M.SKARE ARCHIBALD SPENCER WARD B. LEWIS JAMES I.BEST 1902-1989 ROBERT J. FLANAGAN 1898-1974 •'.�4J At your request, we have researched the legality of adopting an ordinance regulating the method of distribution of flyers and junk mail. You correctly identify that there are Constitutional issues with regulation of the distribution of literature, even if the literature is commercial in nature. Prior to 1975, ordinances which made it unlawful for any person to distribute any handbill or advertising matter in or on any yard, porch or mailbox (exempting newspapers), were upheld as valid. See 3 AM. Jur. 2d, Advertising, Section 11. For example, in Valentine v. Chrestersen, 316 U.S. 52, 62 S Ct. 920 (1942), the Supreme Court generally viewed that "commercial" speech was not protected by the First Amendment. However, in Bigelow v. Virginia, 421 U.S. 809, 95 S Ct. 2222 (1975), the Supreme Court made it clear that commercial speech was protected speech. The Supreme Court did not make clear the extent of that constitutional protection, but the protection was there nonetheless. In essence, the Court left it up to subsequent courts to define the extent to which constitutional protection was afforded to commercial advertisement. Today's courts use a balancing test between commercial activity and governmental interest. Since the Bigelow case, one court has held an ordinance regulating the distribution of commercial advertising to private residences constitutional while two courts have held such a regulation to be unconstitutional. BEST & FLANAGAN ATTORNEYS AT LAW ROBERT L.CROSBY SCOTT D. ELLER 4000 FIRST BANK PLACE CINDY J. LARSON LEONARD M.ADDINGTON ROBERT R.BARTH CHARLES C. BERQUIST GEORGE 0.LUDCKE 601 SECOND AVENUE SOUTH JOHN P. BOYLE Ross C. FoRMELL N. WALTER GRAFF E.JOSEPH LAFAVE CARYN SCHERB GLOVER ALLEY D.BARNARD GREGORY D. SOULE MINNEAPOLIS, MN 55402-4331 MARY E.SHEAREN RICHARD A.PETERSON CATHY E.GORLIN CATHERINE J. COURTNEY ROBERT J. CHRISTIANSON, JR. PATRICK B.HENNESSY TELEPHONE (612) 339-7121 KEITH J. NELSEN FRANK J.WALZ TIMOTHY A. SULLIVAN BARBARA M. Ross FRANK VOGL BRIAN F. RICE TELECOPIER (612) 339-5897 TRACY F. KocHENDoRFER MARINUS W. VAN PUTTEN, JR. DANIEL R.W. NELSON JEANNICE M.REDING DAVID B -MORSE TRACY J. VAN STEENBURGH SARAH CRIPPEN MADISON JOHN A.BURTON, JR. DAVID J.ZUBKE ROBERT D. MAHER JAMES C. DIRACLES STEVEN R.KRUGER DAVID H. JOHNSON ROBERT L.MELLER,JR. JAMES P. MICHELS WILLIAM J. MORRIS JUDITH A.R000SHESKE PAUL E.KAMINSKI MICHAEL L.DIGOS MICHAEL H. PINK Direct Dial: 349-5648 March 18, 1994 BY TELEFAX Ms. Kathy Lueckert Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Junk Mail Distribution Regulation Dear Kathy: OF COUNSEL JOHN R.CARROLL JAMES D. OLSON ROBERT M.SKARE ARCHIBALD SPENCER WARD B. LEWIS JAMES I.BEST 1902-1989 ROBERT J. FLANAGAN 1898-1974 •'.�4J At your request, we have researched the legality of adopting an ordinance regulating the method of distribution of flyers and junk mail. You correctly identify that there are Constitutional issues with regulation of the distribution of literature, even if the literature is commercial in nature. Prior to 1975, ordinances which made it unlawful for any person to distribute any handbill or advertising matter in or on any yard, porch or mailbox (exempting newspapers), were upheld as valid. See 3 AM. Jur. 2d, Advertising, Section 11. For example, in Valentine v. Chrestersen, 316 U.S. 52, 62 S Ct. 920 (1942), the Supreme Court generally viewed that "commercial" speech was not protected by the First Amendment. However, in Bigelow v. Virginia, 421 U.S. 809, 95 S Ct. 2222 (1975), the Supreme Court made it clear that commercial speech was protected speech. The Supreme Court did not make clear the extent of that constitutional protection, but the protection was there nonetheless. In essence, the Court left it up to subsequent courts to define the extent to which constitutional protection was afforded to commercial advertisement. Today's courts use a balancing test between commercial activity and governmental interest. Since the Bigelow case, one court has held an ordinance regulating the distribution of commercial advertising to private residences constitutional while two courts have held such a regulation to be unconstitutional. - SWC, Ms. Lueckert March 18, 1994 Page 2 In Commonwealth v. Sterlace, 481 P.A. 6, 391 A2nd 1066, a township ordinance prohibited the distribution of advertising materials on residential property without the consent of the occupant. The court found such an ordinance constitutional. The court concluded that the regulation was constitutional since it applied to all advertising, both commercial and noncommercial, and since the township's concerns were not with the express content of any speech, but were entirely focused on the place and manner in which the material was distributed. The court noted that the ordinance's preamble clearly established that substantial governmental interest was present in preventing crime on residential property. In addition, the court favorably noted the consent provision allowed an owner to continue to receive the material and presumably actively avoid the risk associated therewith. The court also noted that door-to-door, face-to-face solicitation distribution was also allowable. The court concluded that a seriously increased risk of burglary and vandalism which results from uninvited distribution of advertising material created sufficient governmental interest to uphold the ordinance. In H & L Messengers, Inc. v. Brentwood, 577 SW2nd 444, (Tenn., 1979), an ordinance similar to the one reviewed in the Sterlace case was found to be unconstitutional. The court noted that portions of the ordinance were void for vagueness, particularly the portion of the ordinance which prohibited depositing handbills on vacant or unoccupied premises without attempting to define what "vacant or unoccupied" meant. The city, arguing in favor of the ordinance, extensively discussed the anti -litter aspect of the ordinance. However the court noted that the ordinance contained an exception in favor of ideological speech, which obliterated the content neutrality of the ordinance. The court essentially is saying that litter is litter, whether produced by commercial handbills or religious handbills. More recently, in Ad World, Inc. v. Doylestown, 672 F2nd, 1136 (CA3 Pa, 1981) a court struck down an ordinance prohibiting distribution of unrequested advertising material to residents finding that it violated the first and fourteenth amendment rights. The court felt that the city failed to show that the uninvited materials led to an increased risk of burglary or vandalism, that alternatives to courier delivery were prohibitively expensive and noted that the advertising publication also carried news and editorial content. .T. 5- t. Ms. Lueckert March 18, 1994 Page 3 This is the murky legal background with which the regulation of junk mail and handbills must be discussed. There is no doubt that the city has broad power to license and regulate businesses as part of its exercise of police power. However, it is necessary to clearly articulate with substantiated evidence that the city is protecting and promoting the public welfare. This is particularly true when the licensing and regulating impacts First and Fourteenth Amendment rights. If the city is able to articulate, backed by some evidence, that the public welfare is endangered by junk mail and handbills, regulation would be appropriate. For example, has the city noticed increased littering as a result of junk mail drops? Does the police department have any evidence that burglaries or vandalism might have been triggered by junk mail placement at properties? If such evidence is available, then the city would need to narrowly draft the ordinance to address the specific evils. For example, if litter and vandalism are the concerns, presumably junk mail can continue to be delivered to mailboxes or mail slots indoors. However, the placement of junk mail on doorknobs would not be acceptable. The ordinance would need to be drafted to make it clear who is responsible for the proper distribution. For example, the ordinance could make both the advertiser and the distributor responsible and require that the advertiser and distributor's name and address appear on the mailers. In discussing this matter with Chief Gerdes, our office has concluded that with some changes to City Code Section 1140, we would be able to adequately regulate handbill distribution. First, we would change the title of this Section to "Solicitation and Peddling." In other words, we refocus the Section on the action of soliciting. We would then redefine solicitation and peddling to make it clear that the distribution of handbills is considered "solicitation" or "peddling." once we have broadly defined the regulated activity, we can then put into place such regulations as the city deems appropriate. For example, we could prohibit handbills from being left on doorhandles or any place that is visible to a person passing by the property. In addition, the city could license the distributor of the handbills to obtain criminal background checks and to require the registration with the city of the motorvehicle used to distribute the handbills. The city, as part of amending this section, might wish to consider adopting some findings of fact to include in the Section, namely that there is a need to protect against consumer fraud, crime and litter. By inserting these findings directly into the Code it will help the city in any subsequent legal challenge. -T' - Ms. Lueckert March 18, 1994 Page 4 In conclusion, the city is correct in approaching the reuglation of handbill distribution with some caution. Any regulation must be supported by objective findings that this "junk" mail in some way endangers the public welfare. If that evidence is obtained, the ordinance should be narrowly drafted to cure the "evil." If the city wishes to proceed, we will work closely with you to carefully draft the ordinance. v ruly yours, b t Meller, Jr. City Attorney cc: Dwight Johnson, City Manager Chief Craig Gerdes PEK\Junkmail.ttr re 5r - Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 March 18, 1994 Greetings, Every year the Metropolitan Waste Control Commission (MWCC) conducts two series of meetings to present its budget to the public. We recently concluded the first series, called the pre- budget breakfasts. At these meetings the MWCC presented an overview of the budget process, as well as an overview of the factors affecting budget development. We will conduct the second series of meetings, called the budget breakfasts, in late May and early June. During these meetings we will present the proposed 1995 budget, which will go to the Board of Commissioners for approval in July. As part of the pre -budget breakfasts, we asked participants to complete an issue survey to help establish the priorities for the 1995 budget. Enclosed is a copy of the survey. We would greatly appreciate it if you would complete the survey and return it in the enclosed envelope. Last year, survey respondents told us their top four priorities: 1) Long-term cost control; 2) Environmental protection; 3) Stability of charges; and 4) Short-term cost control. We considered these our top priorities in establishing our 1994 budget. Participants also told us their top two concerns were inflow and infiltration (I&I) and our cost allocation system. The MWCC responded to your immediate concerns by establishing a grant program to help metropolitan communities with I&I problems. We also hosted a series of cost allocation workshops that produced several suggestions to improve our billing procedures and stabilize charges. The Board of Commissioners is now considering these suggestions. Once again, I'd like to encourage you to complete and return the enclosed survey. We value your feedback and will use it to help establish our 1995 budget priorities and improve our services. I look forward to seeing you at the budget breakfast meetings in May and June. Sincerely Louis R. Clark, Chair Metropolitan Waste Control Commission rjsh.bblou Equal Opportunity/Affirmative Action Employer 9 Jowl' W Help Us Plan The Future The MWCC is in the process of developing our 1995 organizational priorities and budget. Your feedback will help us. Please complete this survey and return it to us within five days. Also, feel free to provide us with any other comments you would like us to consider in our budget development process. To help us better understand our stakeholder groups, please identify your position as it relates to the MWCC: elected official city staff industry representative community resident other: Please rank the following MWCC priorities in order of importance. (1 is the highest priority) reducing costs in the short term (2-3 years) avoiding major fluctuations in sewer bills (cost allocation) reforming the governance structure of the MWCC instituting new water conservation/public education programs improving existing service to cities environmental protection supplying sewer service to developing communities initiating long term cost savings measures (5-20 years) increasing pollution prevention activities other: If the MWCC finds that through efficiencies and other cost reduction methods the 1994 operations budget results in spending less than the approved budget, how do you suggest any remaining funds be used? (1 is the highest priority) debt reduction return funds to communities fund additional cost savings programs special programs such as I&I grants, public education other. (over) Would you like the MWCC to provide your community or business with more information on: Yes No environmental issues (phosphorus, nonpoint pollution) water conservation programs costs of wastewater treatment (trends, capital costs) pollution prevention issues construction projects in the local community (plant expansions, interceptor repair, new construction, etc.) How would you rate the services provided by the MWCC? Outstanding Very Good Satisfactory unsatisfactory No Opinion How can the MWCC provide your municipality or corporation with better customer service? Please note any other comments or questions you would like us to consider in our planning process. If you would like more information from the MWCC on any issue, please list the subject and your address. Thank you for your help. If you would like to discuss these planning and priority issues, or if you have other concerns to discuss, please call Pauline Langsdorf, MWCC Office of Communications, at 229-2100. rw st 335 Pineview Ln N Plymouth, MN 55441 March 18, 1994 Mr Warren Kulesa, Housing Inspector City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Mr Kulesa, As I stated in my phone conversation with you a few weeks ago, I think the rental license annual fee for single family dwellings is too high. Charging $104 for one house is obviously a mistake! Apparently no one considered contacting other communities to see what the normal fee is. We own a double bungalow (two homes) in the City of Maple Grove and pay a fee of $50 total per year. Plymouth's fee for 2 family dwellings is $104, the same as the single family fee. This does not make sense. The City of Maple Grove fee for a single family dwelling is $25. You mentioned there might be more cost involved in inspecting the older single family homes as compared to the newer apartment buildings. I do not think this is a valid argument for the fee structure. You may just have to spread the initial single family inspections over a two-year time frame to get them completed. It is unfair to place the burden on the smaller landlord. Please reconsider the fee structure, taking other communities as guides, and change them for next year. Sincerely, Carol Berndt (544-3480) Copies: '.'Mayor Joy Tierney John Edson David Anderson Carole Helliwell Nicholas Granath Chuck Lymangood CITY OF PLYMOUTFF March 23, 1994 Wallace & Patricia Olson 2100 Shenandoah Court Unit H Plymouth, MN 55447 Dear Mr. & Ms. Olson: Mayor Tierney has requested that I respond to your letter of February 28, 1994 regarding the heating problem you have experienced in your dwelling located at the referenced property, specifically, with regard to the alleged inability to maintain a room temperature 70 degrees Fahrenheit at a point three feet above the floor in all habital rooms. In it my understanding, based on a conversation with Mr. Ray Welter of Ray Welter Heating, that the thermostat installed in the home is a Hunter brand setback thermostat which is located in the living room area on an interior wall approximately 5 feet above the floor level. The thermostat in question is not the original thermostat which was installed by his company. Based on this information, together with test data you provided, my analysis is as follows: 1. The test data does not contain sufficient detail on the type of procedures used to obtain the temperature readings referenced on your report. For example, your report does not specify the placement of the thermometers used in each room which can affect interior temperature readings. 2. The report does not indicate whether the thermostat readings are setting temperatures or actual temperatures. Furthermore, the report does not indicate the amount of time the furnace was in operation prior to the actual time the tests were taken. 3. Calibrations of the factory produced thermostats are not always set accurately by the manufacturer. Likewise, the anticipator (mechanical or electronic) that works in conjunction with the thermostat setting, may not be adjusted properly, which can influence the regulation of room temperatures within the home. For example, a low setting can cause a short cycle in a furnace operation whereby the furnace shuts We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 .T- - 5. ko down and starts up rapidly, thus creating a difficulty to maintain a stabilized temperature rating. A high setting on the other hand may result in a higher temperature reading at the thermostat (beyond actual setting) which can cause a furnace to operate for a longer period of time, and thus between cycles, allowing the room temperature to cool down below the desired setting before the burner once again ignites. Without proper calibration and adjustment of a thermostat, a variation between the actual versus desired. temperature readings within a home is likely to occur. Cold weather days can also have an impact on the heating system within your home, especially if your thermostat is placed in a setback mode. As you can see from some of the readings of your report, temperatures taken near exterior walls can be much cooler than the interior walls due to cold air infiltration. Stationary objects contained within the home (furniture) can also be affected by these cooler conditions. As a result, the recovery period to stabilize these room conditions will be much greater when thermostats are placed in a setback mode versus those operated having constant setting temperatures. Cold air conditions can also have an impact on the transfer of air within a room once the furnace blower operates. Initially the ductwork will convey cool air through the ductwork and registers until the air is properly heated by furnace bumer and the desired air temperature is achieved. In order to help circulate conditioned air evenly throughout a home, many mechanical contractors recommend homeowners operate the fan or blower in a constant (on position) setting versus an automatic setting when hot and/or cold weather conditions exist. In summary, it is my opinion that the lack of specificity of the test conditions used to obtain the temperature readings in your report does not support your alleged claim that a code violation actually exists. Recognizing the differential temperatures that can occur as a result of improper thermostat calibrations and adjustments, together with the fact that the thermostat location is approximately 2 feet higher than the height of the tests taken, it is unlikely to assume identical temperature readings will occur. It is reasonably possible that the combination of stabilizing the room temperatures, increasing the setting of the thermostat above 70 degrees and operating the fan on a continuous cycle during cold weather days may resolve the concern you have raised. As indicated in your letter, the responsibility of Building Inspection Division is to enforce the provisions of the Minnesota State Building Code. It is the policy of the City of Plymouth to work with contractors and citizens to achieve compliance with the prescribed minimum standards set forth in the codes, and not to unnecessarily take action against contractors or others without making every "reasonable effort" to seek compliance. We have found, in most cases that communication with all parties usually can result in satisfactory conclusion as to disputes regarding building code matters. We have met several times with all parties to address and resolve these issues which have been brought to our attention. Our role in this process was to facilitate communication between the parties involved to ensure that any bona fide code deficiencies were properly corrected. In the case of your heating concern, we have not received any conclusive evidence that a violation does 'in fact exist. Section 16.59 of the Minnesota State Statute, provides that the State building Code "shall govern the construction, reconstruction, alteration, and repair of State owned buildings and other structures to which the Code is applicable". It is necessary that the Building Codes be adopted and enforced to protect the "health, safety, welfare, comfort, and security of the residents of the State. However, the construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety". That Section goes on to state that the purpose of the law, adopted in 1972 superseding local codes, is to prescribe and provide for "a code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort and security of the residents of this State, and provide for the use of modern methods, devices, materials, and techniques, which will in part tend to lower construction costs. Building Inspectors in Plymouth are expected to provide those protective inspectional services as prescribed by law. It is important to distinguish the protection of taxpayers, from the individual consumer's perception of quality control, which is not necessarily the same as inspecting a building as to its structural soundness and integrity. There are other state laws which were designed to provide additional forms of consumer protection to occupants and citizens above and beyond the scope of the provisions contained within the State Building Code. If you continue to be dissatisfied with the problems you have experienced with your home, you may wish to pursue other remedies that may be available to you through these other state laws, such as the one found in Chapter 327A which deals with Housing and Statutory Warranties. If you have any questions or if I may be of any further assistance to you, please contact me at 550-5031. Sincerely, Joe Ryan Building Official cc: Joy Tierney, Mayor Plymouth City Council Dwight Johnson, City Manager Elroy Berdahl, State Building Code Division File All NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ESSO 7601 Kentucky Ave. N. Brooklyn Park, MN 55428 (612) 493-2802 a Northwest HelpingddAdrt fr=eed R rYa March 15, 1994 Dear Success By 6© Northwest friend: I want to inform you of a unique opportunity for Success By 6® Northwest volunteers to participate in a community health-related event. The Junior League of Minneapolis is sponsoring a community performance of Baby, Baby!, a play written by Syl Jones, on Saturday, April 9 at 11:00 am at the North Memorial Medical_ Center Auditorium. The Junior League of Minneapolis is producing Baby, Baby! as part of its involvement with the United Way's Success By 60 Partners Project. Baby, Baby! dramatizes many of the trials women face when dealing with the health care system --especially when they happen to be unmarried, pregnant and on welfare. The play is a hip musical -drama that entertains the audience and demonstrates the importance of early and sustained prenatal care and empowers women at risk to aggressively seek the prenatal services available to them. Because Success By 60 Northwest plans to address more health-related activities and issues during 1994, I feel that this play is a perfect vehicle to educate people and carry out our mission. Success By 60 Northwest is supporting this effort by recruiting volunteers, publicizing the production and coordinating transportation. As we continue to address the barriers that young children face, I challenge you to do the following. First, review the enclosed flyer in order to have a clear understanding of the play and its purpose. Second, attend the play on April 9. Finally, and perhaps most importantly, invite and communicate to community members about the play and its benefits. To register for the play, receive a poster to display in your building, or to have your questions answered, please contact the Northwest Hennepin Human Services Council, home of Success By 6@ Northwest, at 493-2802. Thank you. Sincerely, C. Robert Bradshaw w LIM"A1.Co-chair, Success By 6o Northwest Early Childhood Development Com 9,eSupervisor, Early Childhood Special EducationOsseo, District #279 Enclosure Brooklyn Center Corcoran Golden Valley Maple Grove Plymouth Brooklyn Park Crystal Hanover New Hope Robbinsdale Champlin Dayton Hassan Osseo Rogers CHELSEA WOODS ASSOCIATION XG-ri 1505YUMALANE 9 PLYMOUTH, MINNESOTA 55447 9 475-2725 8A 171 /* 1505YUMALANE 9 PLYMOUTH, MINNESOTA 55447 9 475-2725 8A --5 4( March 21, 1994 Mr. Dwight Johnson, City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Johnson: This letter will confirm our telephone conversation of Thursday, March 10, 1994. In that conversation I conveyed to you Hennepin County Adult Corrections desire to continue to use the old Women's Section at the Adult Corrections Facility as administrative and training space. In all the time that has passed since the conditional use permit was developed and adopted which permitted the construction of the new Women's Section, the Adult Corrections Facility has simply run out of administrative and training space. While I am aware that the expectation was to demolish the old Women's Section when the new Women's Section was completed and occupied, I am asking to begin whatever process is necessary to allow us to continue to use the old Women's Section for the next several years for two purposes. Those are: 1. to relocate the Electronically Monitored Home Detention program from a severely cramped location in the Administrative Wing of the Men's Section to the old Women's Section, and; 2. to provide the Department of Corrections with a training site to provide Cultural Diversity and other training to nearly 900 department employees over the next several years. This would save considerable tax payer dollars that would be required to rent training space. At no time would inmates be housed at the old Women's Section and I will personally guarantee that. Hennepin County Community Corrections C-2353 Government Center Minneapolis, Minnesota 55487-0533 (612) 348-6180 FAX: (612) 348-6488 Recycled Paper T-Sk I have discussed this need with Mr. Bruce Johnson and Mr. Greg Bohnert who as you may be aware have been the two most vocal neighbors regarding expansion at the Adult Corrections Facility. Neither expressed significant concern so long as the use of the old Women's Section solely provides staff with better working conditions and provides space for training. I certainly appreciated the opportunity to discuss this matter with you. Please advise as to how to proceed with this matter. Sincerely, Sigmund L. Fine Administrator, Adult Corrections CC., Board of County Commissioners Mayor Joy Tierney James M. Bourey, County Administrator Mike Cunniff ACF Managers Bruce Johnson Greg Bohnert March 18, 1994 <<Sir» «FirstName, <<LastName» <<Co» (Ad& SUBJECT: SPRING REMINDER - EROSION CONTROL Dear Developer/Builder: I 5--e This is to remind you of the City's Erosion Control Policy and enforcement procedures now in effect. With warm weather finally here it is time to pay particular attention to street cleaning, silt fence installation or repair, and scheduling seeding contractors as soon as possible. The Erosion Control Policy requires developers to keep all streets within and adjacent to new developments free from mud, sand, and silt.. All streets within and adjacent to active construction sites should be scraped clean with a bobcat on a daily basis. Power vacuum sweeping is also required on a weekly basis. Failure to adequately maintain clean streets will result in financial penalties as described in the policy. All developments must be monitored to ensure that necessary silt fence is properly installed and maintained. Additionally, sediment that has accumulated in ponding areas must be excavated and removed as necessary. The best erosion control practice by far is to ensure that all sites are vegetated as quickly as grading operations permit. The prime time to seed is between April 1 and June 1. Be sure to contact your seeding contractor and have him schedule the work if you have not already done so. As you know it is the developer's obligation to provide erosion control and inspections on a continual basis until the financial guarantees are released by the City. I will be making onsite inspections to ensure compliance with the policy and contacting developers as necessary. Please heed my communications with you regarding erosion control measures. As always, I appreciate hearing from you regarding your concerns. You may leave a message with me anytime day or night at 550-5079. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 «Sir), «FirstName* «LastName» March 18, 1994 Page Two Enclosed for your reference is the current Erosion Control Policy. Please contact me if you have any questions. Sincerely, �14'r Darrell Johnson Sr. Engineering Technician - Drainage enclosure cc: • Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer Mr. William Pritchard THOMPSON LAND DEV. 8421 Wayzata Blvd. Suite 300 Golden Valley, MN 55426 Mr. Michael Pflaum Mr. Vern Reynolds Mr. Robert L. McGraw LUNDGREN BROS. CONST., INC. VERN REYNOLDS CONST. CO., INC. 4515 Quinwood Lane 935 E. Wayzata Blvd. 6570 Goldenrod Lane N. Plymouth, MN 55442 Wayzata, MN 55391 Maple Grove, MN 53369 Mr. Dane Swenson Ms. Betsy Krutzig Mr. David P. Newman BUILDERS DEVELOPMENT, INC. KRUTZIG HOMES, INC. NEDEGAARD CUSTOM HOMES 1055 East Wayzata Blvd. 5700 Zachary Lane N. 1814 Northdale Blvd. Wayzata, MN 55391 Plymouth, MN 55442 Coon Rapids, MN 55448 Mr. John Leno Mr. Bob Kopp Dr. Dennis E. Arne BLUE AND GOLD CORP. ARGUS DEVELOPMENT, INC. 4435 Vicksburg Lane N. 9100 W. Bloomington Freeway 3459 Washington Dr. Plymouth, MN 55446 Bloomington, MN 55431 Suite 204 Eagan, MN 55122 Ms. Janice M. Graham Mr. Bernard Barr Mr. Thomas Fischer JANCO, INC. LOWRY HILL DEV. CO. THREE STAR TRUCKING 10201 Wayzata Blvd. 6150 Hemlock Lane N. PO Box 26485 Suite 300 Plymouth, MN 55442 St. Louis Park, MN 55426-0485 Minnetonka, MN 55305 Mr. Craig Scherber Mr. Fred D. Smith Mr. Tim Rochel SCHERBER PARTNERSHIP 2645 Nathan Lane N. NEW CENTURY HOMES PROPERTIES Plymouth, MN 55441 3025 Harbor Lane 11415 Valley Dr. Plymouth, MN 55446 Rogers, MN 55374 Mr. Paul Harstad Mr. Dwight S. Harvey Mr. Sherwood T. Perl HARSTAD CONST. CO. L.A. LAUKKA DEV. CO. 3701 Cardinal Road 2191 Silver Lake Road 3300 Edinborough Way Minnetonka, MN 55345 New Brighton, MN 55112 Suite 201 Edina, MN 55435 Ms. Vicki Katzovitz Siskin Mr. Terry Dahlstrom Mr. John Peterson 4804 Vincent Ave. S. 608 Lakeshore Parkway #400 GOOD VALUE HOMES, INC. Minneapolis, MN 55410 Minnetonka, MN 55343 1460 93rd Lane N.E. Blaine, MN 55434-4396 Mr. A.J. Poppelaars Mr. Patrick W. Goff Mr. Hans Hagen 5236 Lochley Dr. GOFF HOMES, INC. HANS HAGEN HOMES, INC. Edina, MN 55436 865 Aspen Circle 2353 Rice St. N. Little Canada, MN 55109 St. Paul, MN 55113 Mr. Marty Harstad Mr. Russell Bendickson Mr. Tony Eiden HARSTAD HOMES, INC. SUNSET VALLEY HOMES, INC. EIDEN CONST. COMP. 2195 Silver Lake Road 11425 Olson Memorial Highway 4100 Berkshire Lane New Brighton, MN 55112 Plymouth, MN 55441 Plymouth, MN 55446 Mr. William Pritchard THOMPSON LAND DEV. 8421 Wayzata Blvd. Suite 300 Golden Valley, MN 55426 Ov Eric, I wanted to demonstrate the commitment to the Hennepin County Park trail system the residents have on east Medicine Lake neighborhood. So I took the effort to get a petition together to close Medicine Lake Blvd from 26th Ave north to Medicine Ridge. This would make the trail much more safer and peaceful. I would have collected more signatures, but I'm going out of the country for 12 days. When I return I'd be more than happy to continue this effort is some .way. If you have any questions, please give me a call 546-3800 wk or 545-6463 home. Th yo , Rick Barkley cc: Doug Bryant Hennepin County Parks To: Hennepin County Parks 12615 Cty Road 9 Plymouth, MN. 55441 City Of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 The following citizens of East Medicine Lake neighborhood residing in the city of Plymouth have prepared the following petition and agree to the following: r Subject: The safety of pedestrians and control of automobile traffic on East Medicine Lake Boulevard. We propose the closure to automobile traffic, on East Medicine Lake Boulevard from 26th Ave north to the juncture of Medicine Ridge Road. This would insure the safety of pedestrians and bikers when Hennepin Country trail system goes through. This portion of East Medicine Lake Boulevard is very narrow and dangerous. Traffic can easily be re-routed onto Medicine Ridge Road, which is much larger and can handle the added traffic. This four block closure would affect the access to one home which now uses East Medicine Lake Boulevard for their access. Perhaps other solutions are available for this resident. With this closure one could hike *or bike to French Park in total safety on the new proposed trail system. Giving this area of Plymouth a park atmosphere. If you were to drive the entire east side of Medicine Lake Blvd, you would discover only 3 or 4 houses that now use this road. Maybe access is available from the back other than Medicine Lake Blvd. Names, Addresses and phone numbers to all who agree to this petition are attached. "I" _ mss s C'-,-,_3* pie,C��------- lG3/ x_27 `� /� ✓P ��o_------ pz 0 r r f ft%tve J 121Z(,�� � f�l.zJi c i ..z l���z ---- P1_owi+ y`t-- --- ao/, 1 �-�--- 1� L_ -7o cam` i'*�c >�_�.•�_,���/.r,� 3110 E. Med. Lk. Blvd. Me' 10 m*e lev-z S-- S-S-Vkl .54'6 / / t,'() Al. MAr ---------- S 300 /J6 A�Z-Zlvj t� Al 5S -q 41 t7t,-!L 12) tCt - � f JEFFREY & GERI SWEET 4220 Evergreen Lane North Plymouth, Minnesota 55441 March 16, 1994 Mr. Don Kilian City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Don: Thank you for your prompt and attentive service to come out to my new home and verify the code requirements in the city of Plymouth. I appreciated your assistance in having the builder remove the caps off of the roof vents. In this day and age where everyone is so concerned with their time and the bottom line, it is nice to know that your department will respond in such a matter to the homeowner's satisfaction. Thank you again for your assistance. Sincerely, JEFF &GERI SWEET GS/gs cc:Dwight Johnson x 01 f DATE: March 23, 1994 TO: Marlin Sjaarda FROM: Eric J. Blank, Director, Parks and Recreation F".5 SUBJECT: PARK DEDICATION FEES This is in regard to your letter of March 14 regarding park dedication fees. 1. How was the trail that was constructed in 1993 funded? This trail was funded with park dedication funds. 2. How was the purchase of trees planted in that area funded? The City has not specifically been planting trees that we purchased up to this time. Some of the private landowners have been allowed to plant trees in there with our permission. In other cases where we have trees that are donated, they may have also been planted in there. In 1994, we are planning to plant in this area using our reforestation money from the forestry department. 3. What was the total park dedication amount from the Mission PUD? Please see the enclosed charts listing the fees. 4. What is the breakdown of how these fees were used? There is no specific accounting of how fees are used from the park dedication fund. The Park and Recreation Advisory Commission recommends and the City Council annually approves expenditures for projects. In this case, funding for projects such as the trail on Zachary Lane, trail running westerly out of Mission Park up to Fire Station II, the trail in the Mission outlot area and the Mission Park itself ($121,000), would have been paid for with park dedication dollars. Other funding in this area may have gone into the trail on County Road 9 and the Zachary Playfield for such things as the children's playground equipment. 5. What were the actual park dedication fees for the commercial -industrial area? Please see the attached chart. Marlin Sjaarda Page 2 March 23, 1994 6. What is the breakdown of how and where these fees were used, or are planned to be used? Same as answer above in Question 4. Seventy percent goes into the city parks, playfields and trails account and 30 percent in the neighborhood park funds account. Monies would have been spent on Heritage Neighborhood Park, Swan Lake Neighborhood Park, the trail on Northwest Boulevard, etc. Marlin, I hope this gives you a good understanding of how the park dedication fees have been processed in these areas. For your information, it took my staff approximately seven hours to research the microfiche going back 20 years on the Mission PUD plat in order to accurately assemble this information. If I may be of further assistance, please do not hesitate to give me a call at 550-5131. EB/np Attachment cc: City Manager Park Dedication for Mission Partners Planning File A-388 Plat Name Land Dedication Park Fees Paid Mission Ridge Oulot A (4.19A) $7,500 (50 lots x $150) Mission Ridge 2nd $3,900 paid 7/76 Mission Ridge 3rd Outlot A Mission Hills Outlots A & B Mission Hills Park 2nd Outlot A Mission Hills Park 3rd Outlots A, B & C Mission Hills Park 4th Outlots A & B either $465 or $4,650 ? Mission Hills Park 5th Outlots A & B $5,280 Mission Hills Park 6th $5,600 paid 10/6/83 (14 lots x $400 Mission Hills Park 7th Outlot A $6,650 paid 9/10/80 ($940 credit for paving trail was given) Mission Ponds 1st $3,300 (12 lots x $275) Mission Ponds 2nd $7,590 paid 11/27/79 + trail paving - $1,980 refund for reduction of 6 units on 8/22/80. $5,610 remaining. Mission Oaks 1st Outlot A $1,306.50 paid 7/29/82 phase 1 Parkside Apartments $94,950 (211 U x $450) Mission Trails Outlot A (.097A) $6,099.76 ($1,172 credit for paving trail was given) Totals for Mission $140,661.26, - $144,846.26 + trail paving .`r 5 . 0 Residential Development Along Co. Rd. 9 File # Plat Name Land Dedication Park Fees Paid 91068 Censky/Bitoerin 9 lots x $860 = $7,740 92034 Graham Co/Plymouth Pointe 38 lots x $860 = $32,680 92112 Janco, Inc/Swan Lake South Outlots A,B,C & D (.36A) Trail, Sidewalk & Stairs + $35,111.65 93034 Nedegaard/Courtyards of French Creek 25 lots x $885 = $22,125 " 92090 Graham/Forester's Preserve 22 lots x $885 = $19,470 92110 Eaglewood Addition Outlots A & B 89086 Medicine Lake Lutheran Pave trail + $836.25 Residential Development Total $117,962.90 + trail paving, sidewalk & stairs v -2 or rf Ay As) ITI t4 Sry V- AC;t> C F= T .4: tip, Commercial Development Along Co. Rd. 9 File # Plat Name Land Dedication Park Fees Paid 90025 Ryan Const/Rockford Road Plaza/ Target 17.25 A x $3,300/A = $56,925 90051 Ryan Const/Rockford Road Plaza/ Rainbow - T.J. Maxx 15.38 A x $3,300/A = $50,754 91019 Ryan Const/Rockford Road Plaza/ Walgreens 1.78A x $3,500/A = $6,234.90 91074 Ryan Const/Rockford Road Plaza/ Bettgers Service Plaza 1.14 A x $3,500/A = $3,990 86124 Cottonwood Plaza 6.37 A x $2,700/A = $17,208 87049 Powell Lincoln/Mercury 4.43A x $2,700/A= $11,974.50 87062 Amoco Oil Co. 1.1 A x $2,850/A = $3,135 87100 Cottonwood Plaza Bank 1.003 A x $2,700/A = $2,781 91094 Chili's Restaurant 1.39 A x $3,500/A = $4,865 87013 Water Treatment Plant 6 A x $2,700/A= $16,200 Commercial Development Total T $174,067.40 March 14, 1994 Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Dwight, zw 311h-6 I have a few questions concerning the newly constructed trail in Mission Ridge, trees planted in that area, the park dedication fees related to the Mission PUD and the park dedication fees related to the developments north and south of Rockford Road between Northwest Boulevard and Zachary Lane. Regarding the Mission PUD, I would like answers to the following questions: 1. How was the trail that was constructed in 1993 funded? 2. How was the purchase of the trees planted in that area funded? 3. What was the total park dedication fee amount for the Mission PUD? 4. What is the breakdown of how and where these fees were used? Regarding the commercial developments north and south of Rockford Road between Northwest Boulevard and I-494 and the residential developments north and south of Rockford Road between Zachary Lane and Northwest Boulevard: 1. What were the actual park dedication fee amounts for these developments? 2. What is the breakdown of how and where these fees were used or are planned to be used? Thank you for your assistance in providing this information. I look forward to receiving your written response. Sincerely, Marlin Sjaarda 11720 - 38th Avenue North Plymouth, MN 55441