HomeMy WebLinkAboutCouncil Information Memorandum 02-10-1994FEBRUARY 10, 1994
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR FEBRUARY:
FEBRUARY 14 6:00 P.M. COUNCIL STUDY SESSION
TOPIC: Meeting with area Legislators
Council Conference Room
7:30 P.M. COUNCIL STUDY SESSION
(Closed Session)
City Manager evaluation
------------------------------------------------------------------------------------------------------
FEBRUARY 28 5:30 P.M. COUNCIL STUDY SESSION
PROPOSED TOPICS: Land
Acquisition,
West Medicine Lake Park
Council Conference Room
7:00 P.M.
COUNCIL MEETING
Council Chambers
2. HRA -- TUESDAY, FEBRUARY 15, 7:00 P.M., City Council Chambers. Agenda
attached. (M-2)
3. METRO MEETINGS -- The weekly calendar of meetings and digest of activities for the
Metropolitan Council and its advisory commission is attached. (M-3)
4. LEAGUE OF MINNESOTA CITIES - 1994 LEGISLATIVE CONFERENCE -
Thursday, March 24. The League's annual Legislative Conference will be held at the
Radisson St. Paul Hotel. The agenda and registration material is attached. Council
members interested in attending should contact Laurie. (M-4)
5. TRANSPORTATION SYMPOSIUM -- Wednesday, February 23. The University of
Minnesota Center for Transportation Studies will host a Transportation Symposium at the
CITY COUNCIL INFORMATION MEMO
February 10, 1994
Page 2
Holiday Inn Burnsville from 8:00 a.m. - 1:30 p.m. The symposium will focus on the
relationship between transportation and community development. A brochure is attached.
If you are interested in attending, please contact Laurie. (M-5)
6. CABLE TELEVISION ORIENTATION SESSION -- Thursday, February 17. The
Northwest Suburbs Cable Communications Commission is holding a special orientation
session for area mayors and city council members to discuss issues involving cable
television and the telecommunication industry. A letter from John Irving, Chair,
Northwest Suburbs Cable Communications is attached. Please RSVP through Laurie if
you plan to attend. (M-6)
7 MEETING CALENDARS - The City Council calendar for the upcoming six weeks, and
City Center meeting calendars for February - March are attached.. (M-7)
1. MINUTES:
a. Shingle -Creek Watershed Management Commission, December 9, 1993. (I -la)
b. Elm Creek Watershed Management Commission, December 8, 1994. (I -lb)
2. CITIES BULLETIN -- A copy of the February 4 issue is attached. (I-2)
3. MEMOS & CORRESPONDENCE:
a. Letter from Stephanie Parson, Assistant Principal, Zachary Lane School, regarding
the school's 35th year anniversary and dedication of a new school addition on
Wednesday, June 1, 1994. (I -3a)
b. Letter from Virgil Schneider, Chair, Charter Commissioners, calling a Charter
Commission meeting for March 14. to discuss the issues involving whether or not
state statutes become operable if the City Charter is silent on any issue. (I -3b)
c. Letter from Mr. and Mrs. David Anderson, 1555 Juneau Lane, to Eric Blank,
regarding concerns with the Parkers Lake speedskating oval and snow removal
procedures for the park path. (I -3c)
d. Letter to Mr. and Mrs. Douglas Epstein, 5300 Norwood Lane, from Anne Hurlburt
and Joe Ryan, responding to a letter regarding the establishment of the rear lot line of
property in the Windridge at Bass Lake 6th Addition. (I -3d)
e. Notice from Metropolitan Waste Control Commission on a series of public
information meetings on long range development plan for the Twin Cities area sewer
service system. Among the options being discussed is the possibility of a new
wastewater treatment plant in the southeast quadrant of the metropolitan area. (I -3e)
Dwight D. Johnson
City Manager
1. Call to Order
2. Introduction of New HRA Commissioners
3. Approval of February 1, 1994 Minutes
4. Nomination and Election of Officers
5. Senior Housing Project
a. Interest List
b. Application Office
C. Architecture Design
6. Senior Housing Pet Policy and Damage Deposit
7. Information Items
a. CHAS Approval Letter from HUD
b. Urban Hennepin County CDBG Activities for 1993 by Community
C. Fair Housing Workshop
8. Other Business
9. Adjournment
(hra0215)
METRO MEETINGS
A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and
standing committees, and six regional commissions: Metropolitan Airports Commission, Metropolitan
Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan. Transit
Commission, Metropolitan Waste Control Commission and Regional Transit Board. Meeting tin
and agendas are occasionally changed. Questions about meetings should be directed to
appropriate organization.
j
DATE: Feb. 4, 1994
WEEKS OF: Feb. 7 -Feb. 18, 1994
METROPOLITAN COUNCIL s ----�
Committee of the Whole - Tuesday, Feb. 8, 4 p.m., Room 2A. The committee will consider the Fully
Developed Area Study.
Housing and Redevelopment Authority Advisory Committee - Wednesday, Feb. 9, 9:30 am., Room
1A. The committee will consider: Metro Partnership for Affordable Housing; Bridges - Crisis
Housing Assistance; committee role and membership; and legislative update.
Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, Feb. 10, 3 p.m.,
Chair's Office.
Metropolitan Council - Thursday, Feb. 10, 4 p.m., Chambers. The Council -will consider: the report
and recommendations of the Metropolitan Radio Systems Planning Committee; public hearing
comments on the Central Corridor Alternatives Analysis and draft Environmental Impact Statement;
Section 8 Operating Reserve Policy and Reinvestment Program; approval of the Fully Developed
Area Study report; and other business.
Public Hearing: On Regional Recreation Open Space Revised Capital Improvement Program for
Fiscal Years 1994-2000 - Thursday, Feb. 10, 4:30 p.m. or immediately following the Council meeting,
Chambers.
Committee of the Whole - Thursday, Feb. 10, immediately following the Council meeting, Chambers.
The committee will consider: draft Regional Recreation Open Space Revised Capital Improvement
Program for fiscal years 1994-2000; annual contingency assessment report; 1993 major Airport
Planning Activities Report; high speed bus system; presentation on the Travel Behavior Inventory
Report; and other business.
Public Meeting: To Interview Candidates for the Regional Transit Board District D - Thursday, Feb.
10, 6:30 p.m. or immediately following the Committee of the Whole.
Legislative Coordinating Group - Friday, Feb. 11, Noon, Room 1A.
TENTATTVE MEETINGS THE WEEK OF FEB. 14
Chair's Informal Meeting with Council Members - Tuesday, Feb. 15, 8 a.m., location to be
determined.
Committee of the Whole - Tuesday, Feb. 15, 4 p.m., Chambers.
Transportation Advisory Board - Wednesday, Feb. 16, 2 p.m., Chambers.
Chair's Advisory Committee - Wednesday, Feb. 16, 7 p.m., Chambers. _
Chair's Informal Meeting with Council Members - Thursday, Feb. 17, 3 p.m., Chair's Office.
Metropolitan Council - Thursday, Feb. 17, 4 p.m., Chambers.
Committee of the Whole - Thursday, Feb. 17, immediately following the Council meeting, Chambers.
Lower Minnesota River Technical Advisory Group - Friday, Feb. 18, 9:30 a.m., Eden Prairie_ City
Hall Heritage Room, Eden Prairie.
Legislative Coordinating Group - Friday, Feb. 18, Noon, Room 1A.
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times
and agenda are subject to change. For more information or confirmation of meetings, call 291-6447,
(TDD 291-0904).
REGIONAL TRANSIT BOARD
Providers Advisory Committee - Thursday, Feb. 4, 10:30 a.m., Room 2A. The committee will discuss:
Dakota County Needs Assessment Phase H; capital funding process; 1994 legislative program update;
transit governance proposals; PAC position on FTA recision of private enterprise participation
guidance; and other business.
Legislative Committee - Monday, Feb. 7, 2:30 p.m., Room 1A. The committee will discuss:
Metropolitan Transit Commission's 1994 budget approval; opt -out transit's proposed changes to
bonding statutes; presentation by James Prosser on high speed bus service; final review of 1994
legislative program; and other business.
Board Meeting - Monday, Feb. 7, 4 p.m., Chambers. The board will discuss: Metro Mobility update;
Metropolitan Transit Commission's 1994 budget approval; Central Corridor Alternatives
Analysis/Draft Environmental Impact Statement; Minnesota Valley Transit Authority capital funding
request; public hearings for Americans with Disabilities eligibility certification; approval of Southwest
Metro Transit Commissions $3 million capital bonding request; Chair's benefits; appointment of Chair
and Vice Chair of Transportation Accessibility Advisory Committee; 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
Special Meeting - Policy and Process Subcommittee - Tuesday, Feb. 8, 11 a.m., Room 301, Lindbergh
Terminal Building, Minneapolis -St. Paul International Airport. The committee will consider:
commissioner survey; commissioner seminar content; and future committee meeting items.
Planning and Environment Committee - Tuesday, Feb. 8, 1 p.m., Room 301, West Mezzanine,
Lindbergh Terminal, Wold -Chamberlain Field. The committee will consider: February ADNE levels;
final payments on contracts for Glycol Containment facilities and 1993 parking structure
rehabilitation; semi-final payments on contracts for secured area access system at MSP, 1992 sound
insulation program, and Crystal Airport maintenance building; bids received for GTC canopy and Part
150 sound insulation program for the January bid cycle; New Ford Town/Rich Acres acquisition; City
of Lakeville agreement for watermain design and construction; school noise monitoring study; storm
water monitoring update; and Part 150 sound insulation update.
Management and Operations Committee - Wednesday, Feb. 9, 1 p.m., Room 301, West Mezzanine,
Lindbergh Terminal, Wold -Chamberlain Field. The committee will consider: airport improvement
and general- obligation revenue bond refundings; bids received for purchase of field maintenance
equipment; Airports Assn. Council International -North America 1994 regular membership dues;
request for bids for rental auto concessions; car starting results during recent bitter cold weather;
renegotiation of contract for parking revenue control equipment maintenance; information systems
update; PFC update; airport community counseling office lease; Canada goose management program;
Japan week; Heads Up review; and department presentation -communications and operations.
Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450.
For more information, call Lynn Sorenson at 726-8186.
METROPOLITAN TRANSIT COMMISSION
Finance & Administration Committee - Tuesday, Feb. 8, 4 p.m. The committee will consider: sole -
source purchases in 1994; contract for provision of cars; amendments to contract for telephone
system; solicitation of bids for bus inspection services; contract for design and plans for addition to
the Heywood Facility; contract for services to carry out the second phase of plans to renovate the
Heywood Facility. The committee will receive the project report as of Feb. 1994 and a disposition
on surplus MTC property in 1993.
Commission Work Session - Tuesday, Feb. 8, 430 p.m. The Commission will consider authorizing
the following: solicitation of bids for the provision and installation of bicycle lockers; the purchase
of skid steer loaders; the purchase of 4 one -ton cargo vans; the execution of a agreement to support
the construction of a Dinkytown Bypass; solicitation of bids for the services of a construction
manager; the solicitation of bids for services to upgrade the heating and air-conditioning system at
the Shingle Creek facility; a purchase award for transit buses; a contract for transmission fluid; the
solicitation of bids for bus batteries; an application for federal funding to support facilities along the
Hwy. I-394 transit corridor; the issuance of the a request for proposal for the provision of an upgrade
to the computerized payroll system; the application for an FTA transit grant; the solicitation of bids
for the provision of an engine dynamometer; the approval of a bus -wrap design; the approval of non -
local staff travel for 1994; and the acceptance of the Internal Auditor's quarterly report.
Metropolitan Transit Commission offices are located at 560 Sixth Av. N., Minneapolis, MN 55411.
Meeting times and agendas occasionally must be changed. To verify meetings schedules or agenda
items, call 349-7516.
METROPOLITAN WASTE CONTROL COMMISSION
Ad Hoc Committee on Personnel Policy Analysis and Review - Friday, Feb. 11, 10 a.m., Room lA.
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.
`\ N"\ X _15
A - METRO DIGEST A
A digest of the activities of the Metropolitan Council, Metropolitan Airports Commission, Metropolitan
Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit
Commission, Metropolitan Waste Control Commission, and Regional Transit Board for the month of
January. For commission inquiries, call the commission concerned.
Feb. 4, 1994 Mpolio t
Coww
The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN,
5510L For more information about Council items, call 291-6359 (TDD: 291-0904).
Metropolitan Council
07u=7 activities in January:
Coumcil adopts position paper on
housing issaes
In preparation for the 1994 legislative
session, the Council adopted a position
paper that spells out strategies to address
three major housing issues the region faces
in the 1990s. The issues are: concentration
of low-income households in the central
cities and older areas, need for affordable
housing and aging of the housing stock.
The Council proposed five overall strategies
to address the issues:
• Improve the links between housing, jobs
and transportation.
• Assist low-income people to meet their
housing needs by promoting job skills
development and training programs.
• Expand housing choices throughout the
region.
• Meet the housing needs of more low-
income people.
• Promote programs that revitalize
neighborhoods and improve maintenance of
housing in the central cities and older areas
of the region. Support removal and
redevelopment when appropriate.
The Council authorized the staff to draft
proposed legislation supporting the Council's
strategies on metropolitan housing issues.
The Council will consider the legislative
proposals in February.
Co=l seeks fiords for improving
reggionsal parts
In response to growing needs in the Twin
Cities regional parks system, the Council
proposes to invest about $29 million during
the 199495 biennium. In February the
Council will present the legislature with a
biennium request of $14.8 million in state
bond authority for acquisition and
development. (The request recognizes that
park users come from outside the metro
area) The Council will supplement that by
issuing a total of $13.4 million in regional
bonds for 199495.
To correct wear and tear on older parks, 55
percent of the funds are earmarked for
redevelopment. About 29 percent will go to
develop acquired sites and 16 percent is for
new acquisitions.
In other actions, the Council:
• Authorized staff to work with the federal
department of Housing and Urban
Development (HUD) to secure exceptions to
fair -market -rent limits for Coon Rapids,
Maple Grove, Maple Plain, Golden Valley,
Wayzata, Mound, Shorewood, Hopkins,
Shoreview, White Bear Township, Vadnais
Heights, Little Canada, Orono, Minnetonka
and Edina The changes should expand
housing opportunities for persons entitled to
METRO DIGEST 9
Section 8 housing assistance.
• Authorized the Council to enter a grant
agreement with the Minnesota Chamber of
Commerce for a solid waste reduction,
education and assistance program. The grant
is for up to $100,000 with the Chamber
matching any funds the Council provides.
Called Minnesota Waste Wise, the project is
designed to educate about recycling, prevent
waste and implement the program among
Minnesota businesses, including those in the
metropolitan region.
• Appointed Paul Gaston of Vadnais
Heights to the Council's Minority Issues
Advisory Committee. The Committee
advises the Council on how Council policies
affect minority communities.
• Appointed Dennis Berg of Anoka County
and Peter McLaughlin of Hennepin County
as representatives of their counties on the
Transportation Advisory Board.
• Approved reissuance of a solid waste
permit to Twin Cities Refuse, Inc. subject to
conditions including a requirement for
certification that any waste transferred to a
landfill is unprocessible according to
statutory definitions.
• Recommended approval to include the
rehabilitation of a 13 -unit Waconia
elderly/handicapped complex in the Metro
IMXs Project -Based Assistance program.
The project was proposed by Provesco, Inc.
9 Authorized the Council to negotiate with
the Minneapolis *Park Board for a $500,000
grant to acquire land to be added to the
Central Mississippi River Park.
• Approved a recommendation for public
distribution of grant program guidelines for
improving markets for recycled corrugated
cardboard, kraft paper, food waste, wood
waste and plastic film.
• Approved a 235 -acre municipal urban
service area (MUSA) expansion request from
Andover.
• Approved the Jankowski MUSA expansion
in Maple Grove.
• Adopted a recommendation that the city
of Crystal work with the Council and the
Metropolitan Airports Commisssion on a
comprehensive plan for Crystal airport.
Public Meetings and Hearings
Regional Recreation Open Space
Revised Capital Improvement
Program for Fiscal Year 1994-2000--A
public hearing is set for Thursday, Feb. 10
immediately following the regular Council
meeting that begins at 4:00 p.m. in the
Council Chambers. The Council will hear
comments on the financing of projects for
the years 1994 to 2000. For more
information, call 291-6360.
Appointments to the Regional Transit
Board—A public hearing is set for Thursday,
Feb. 10 at 6:30 p.m. in the Council
Chambers to interview candidates for the
Regional Transit Board for District D in
Minneapolis. Interested candidates may call
Ken Morris, 291-6630.
New Publications
The following publications have been
published recently by -the Metropolitan
Council. To order, write the Metro Council
Data Center, 230 E. Fifth St., St. Paul, MN
55101. These publications are also available
at major public libraries in the Metro Area.
NOTE: A sales tax of 6S percent will be
added to publication prices. St Paul
residents and organizations pay a sales tax of
7 percent.
Metropolitan Council 1993 Annual Report.
No. 14-94-001; no charge.
A Study of the Water Quality of 43
Metropolitan Area Lakes. No. 32-94-012;
$8.50 plus tax.
1993 Metropolitan Agricultural Preserves
-Status Report. No. 640-93-100; $1.00 plus
tax
Regional Recreation Open Space Revised
Capital Improvement Program, Fiscal Years
19942000, public hearing draft. No. 32-94
\� _5
�j hrem4j0
008; no charge.
Metropolitan Agencies Personnel, Ethical
Practices and Communication Activities:
Report to the Minnesota Legislature. No.
31-94-013; no charge.
Metropolitan Commission Activities'
Metropolitan Parks and Open Space
Commission
The commission:
• Approved and forwarded to the Council a
position paper describing revised mechanisms
to fund the capital costs of the regional
parks, including an ongoing regional bonding
program.
• Approved and forwarded a draft Regional
Recreation Open Space capital improvement
program (CIP) for public hearing. The CIP,
which covers regional park acquisition,
development and redevelopment programs in
all the regional parks, park reserves and
trails from master plans through the year
2000, is the basis for the Council's grant
program and is used to determine funding
requests from the state legislature.
• Approved an acquisition grant of $500,00
to the Minneapolis Park and Recreation
Board for property to be added to the
Central Mississippi Riverfront Regional Park.
• Approved a Ramsey County request to
reallocate funds from other regional grants
to be used for work underway in Battle
Creek Regional Park in Maplewood. "
• Discussed Council reorganization and
transition; regional parks legislative
initiatives; and implementing agency concerns
about the support that the regional park
system will receive from the reorganized
Council.
The parks commission offices are located at
Mears Park Centre, 230 E. Fifth St., St. Paul,
55101. For more information, call 291-6602.
Regional Transit Board
• Authorized the executive director to reach
agreement with Anoka County for a
preliminary engineering study of a
Northtown Transit Hub facility.
• Was updated on Metro Mobility
restructuring. It was reported that ridership
increased by seven percent from November
to December to 87,100 rides. Trips
remained constant at approximately 3,900 a
month.
• Heard a request from Southwest Metro
Transit to own transit vehicles and let
contracts for their operation. All vehicles
would be equipped with lifts.
• Approved 1993 contract amendments with
North Suburban Lines and Valley Transit.
• Approved the Anoka County Traveler
1994 contract amendment.
• Approved the contract for preliminary
engineering for the Brookdale Transit Hub.
The RTB is located on the seventh floor of
Mears Park Centre, 230 E. Fifth St., St. Paul,
MN, 55101. For more information, call 292-
8789.
Metropolitan Sports Facilities
Commission
The commission:
• Authorized preparation of a request -for -
proposal for parties interested in the Met
Center property in Bloomington. The
Commission wants an open process for bids
to get the best return on the property. The
Commission has not decided if it should sell
the property or lease it.
• Heard a status report on the Target
Center in Minneapolis.
• Approved entering into an agreement with
the city of Minneapolis to indemnify the city
for claims or lawsuits arising from the
Commission's employment of off-duty
Minneapolis police officers during the term
�j METRO , }i
of the Commission's on -sale Class A liquor
license. The agreement does not apply to
off-duty officers employed by such third
parties as tenants and promoters.
• Elected Carrolyn Anderson as Vice -Chair,
Paul R. Thatcher, Sr. as Secretary and
Loanne Thrane as Treasurer.
The Metropolitan Sports Facilities
Commission office is located at 900 South
5th St., Minneapolis, MN 55415. For- more
information, call 332-0386.
Metropolitan Airports Commission
The commission:
• Approved a 20 -square -mile site between
Hastings and Vermillion in Dakota County
as a potential location for a new
international airport. The decision ends a
siting process begun several years ago; 'but it
does not settle the bigger question of
whether a new airport will be built. The
1996 Minnesota Legislature will make the
final decision.
• Received notice that the FAA can not
grant funds to airports that impose passenger
facility charges on travelers using frequent -
flyer bonus awards. Charges already
collected must be refunded back to October,
1993. MAC staff will continue to update the
Commission on this matter.
• Adopted documents to update the Long -
Term Comprehensive Plan for Minneapolis -
St. Paul International Airport. A public
hearing will be held to allow for public
comment on these documents.
• Held a public hearing on the sale of
Airport Improvement Refunding Bonds,
Series 22. These refinanced bonds are
classified as private activity bonds.
• A Commission subcommittee approved a
mission statement to make recommendations
that will assist MAC members in going
beyond just "minding the store."
Metropolitan Airports Commission offices
are located at 6040 28th Av. S., Minneapolis,
MN 55450. For more information, call Lynn
Sorensen at 726-8186.
Metropolitan Waste Control
Commission .
The commission:
• Temporarily postponed the search for a
fulltime chief administrator until after the
1994 session of the legislature. Until then,
Deputy Chief Administrator Helen Boyer
will cavy out those duties.
• Appointed Commissioner Judith Schotzko
as Vice -Chair and Commissioner John Irving
as Treasurer.
• Included $750,000 in its plans and budget
for the South St. Paul forcemain project. A
public hearing on the matter is set for 3:15
p.m. on Feb. 15 in the Council Chambers.
• Approved stipulation agreements with
Curtis Electronics and RSP Plating for
violating federal wastewater pretreatment
standards. The agreements stipulate
schedules for compliance and penalties.
The commission offices are located at Mears
Park Centre, 230 E. Fifth St., St. Paul,
55101. For more information call 222-8423.
Metropolitan Transit Commission
The commission:
• Adopted a mission statement to serve the
customer by improving service.
• Authorized an agreement with Brooklyn
Center to construct a 230 -space park -ride lot
near I-694 and Brooklyn Boulevard.
• Approved development of a policy to
control the placement of advertisements for
alcohol and tobacco products on MTC
properties.
• Will accept comments from the public
March 2 and March 3 on proposed changes
to Routes 35A, B, H, J, K and T. 44A and
B; and 94M and W. The changes are
designed to speed service and simplify routes.
• Eliminated the Transit Development
Division and the position of Assistant Chief
METRO DIGEST
Administrator for Transit Development.
• Authorized the Minnesota Department of
Transportation to operate and maintain the
bus stations on I-394.
• Authorized landscaping improvements at _
the Shingle Creek facility.
The MTC offices are located at 560 Sixth
Av. N., Minneapolis, MN 55411. For more
information call 349-7400.
I
Plan to attend the...
Tentative Program
9:15 a.m. President's Message
League of Minnesota Cities
igue of Minnesota Cities
Legislative
Conference
Thursday, March 24
,adisson St. Paul Hotel
:ast Kellogg Boulevard
5t. Paul, MN 55101
9:30 a.m. Local Government Aid --What's Up --What's Down
The Real Story
10:30 a.m. Legislative Leaders Panel
Legislators will respond to questions from a panel of city officials
11:30 a.m. Lunch (Representative Iry Anderson invited to speak)
1:00 p.m. What's Hotl
League staff will brief you on the three most important issues to discuss with your
legislators
2:00 p.m. Meet with your legislator at the State Capitol (transportation furnished)
Schedule time with your legislator in advance to discuss issues affecting your city
4:00 p.m. Forum on Term Limits (All legislators invited)
Legislators and organizations which support or oppose term limits will state their
positions and respond to questions. The League opposes term limits for city officials,
but what do you think?
5:00 p.m. Reception (All legislators invited)
Meet your legislators to discuss the issues
Page 6 LMC Cities Bulletin
•
Join elected and appointed officials from throughout the state frr
briefings by League staff and legislative leaders on key issues
Impacting all Minnesota cities and officials.
• Meet with your legislator and discuss the issues.
• Invite your legislator to join you and other city officials at a
reception in their honor.
1994 Legislative Conference Registration Form
CRY (Please print or type)
Name Title
Name
Name
Registration fee: $45 advance $50 on-site
Title
Title
Fee includes conference registration, luncheon, and evening reception with legislators Invited.
Make check payable and mail to
League of Minnesota Cities Advance Registration
3490 Lexington Avenue North Deadline—March 16, 1994
St. Paul, MN 55126
1994 Legislative Conference Housing Form
Organization League of Minnesota Cities
Function 1994 Legislative Conference Dates March 23-24, 1994
All requests for the above group must be received by March 4.1994
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your Amex or Diners Club credit cans number to guarantee your reservation. You will be
charged for the first night if reservations are not canceled 48 hours prior to arrival.
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St. Paul, MN 55101
Page 7
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02: (18,'9 4 10:53 $612 533 1346 NW ('011MUNITT TV [a 1)02 003
NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION
6900 Winnetka Avenue North
Brooklyn Park, MN 55428
(612) 536-8355
January 17, 1994
Helen LaFave
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN
Dear Helen:
As you'know cable television and the telecommunication industry
is undergoing profound change. These changes will affect you and
your city. What role do the cities play in regulating this .
industry and what is the future of community programming? Is the
"Telecommunication Superhighway" a dead end for cities? Find
out.
The Northwest Suburbs Cable Communications Commission is holding
a special orientation session for area mayors and cit co�ncr
members to discuss these issues. Please plan on attending.
qmummmmwws
CABLE TELEVISION AND THE TELECOMMUNICATIONS
INDUSTRY: YOU AND YOUR CITY.
Thursday, February 17, 1994, Buffet Dinner 5:00pm to 6:00pm.
Program begins promptly at 6:00pm until 7:30pm. Northwest
Community Television Center, 6900 Winnetka Av_ N., Brooklyn Park,
Minnesota. Please RSVP by February 1, 1994 by phoning 533-8196.
Ask for Greg Moore_
I look forward to seeing you there.
Sincerely,
John T. Irving, Chair
Northwest Suburbs Cable Communications Commission
Brooklyn Center 0 Brooklyn Park • Crystal • Golden Valley - Maple Grove • New Hope • Oseeo • Plymouth - Robbinsdale
BEST & FLANAGAN
ATTORNEYS AT LAW
ROBERT L.CRosBY
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MICHAEL L.DIOGS
February 4, 1994
MICHAEL H. PIN UCb
Cb
t
1�'164
Mr. Ronald
Wedin230
Zinnia LanePlymouth,
MN 55441
`� N`�.
Dear Mr. Wedin:
As City Attorney, I have been asked to respond to your letter
to Ms. Joy Tierney, Mayor of Plymouth, regarding the voting
procedure followed by the City Council in connection with the
zoning amendment and guide plan amendment for property located at
the southeast corner of Carlson Parkway and I-494.
As you stated in your letter, Minn. Stat. § 462.357, subd. 2,
requires a vote of 2/3 of all council members to adopt or amend a
zoning ordinance. In the case of a council with five members, the
statute requires a 4/5 vote to approve an amendment to a zoning
ordinance. You stated in your letter that the motion to deny the
zoning amendment considered on December 6, 1993, which failed to
pass because two Council members voted in favor of the motion to
deny, nevertheless constituted a denial of the requested amendment
under the clear intent of § 462.357. You stated that had the
motion been stated as a positive motion, the two votes cast
against the motion would have been sufficient to deny the request,
and that the requirement of a majority vote to deny the requested
amendment places a greater burden on those in opposition to the
amendment than permitted by statute.
I understand your position in regard to the interpretation of
the statute, but it is also necessary to review the parliamentary
procedure rules that govern city council meetings. The City of
Plymouth has adopted Roberts Rules of Order as its authority on
parliamentary procedure. In Roberts Rules of Order, Section 4,
page 32, it provides that if an assembly decides to do what a
motion proposes, it adopts the motion, or the motion is carried,
and if the assembly decides against doing what the motion
proposes, the motion is lost, i.e. "gone." In this case, the City
Mr. Ronald Wedin
February 4, 1994
Page 2
Council failed to pass the motion to deny, so the motion was lost
or failed, and was no longer before the Council to vote upon. In
order to clarify the action taken on the zoning amendment, the
motion was brought before the City Council on December 20 and was
stated as a positive motion, a motion to approve the zoning
ordinance, and it passed. The motion to approve the zoning
amendment passed by the requisite 4/5 vote and was therefore
approved. Although the motion to deny the zoning amendment failed
to pass because there were only two votes in favor, it does not
automatically follow that a motion to approve the zoning amendment
would fail. This is evidenced by the fact that the motion to
approve did pass. Since the zoning amendment was approved,
rescission is the appropriate process for the Council to follow if
it decides that the prior Council action was in error or
ill-advised.
If you have any further questions, feel free to call me.
incer ly
bert L.eller, Jr.
mas7628q
cc: Joy Tierney, Mayor
City of Plymouth
44
DATE: February 10, 1994
TO: Mayor and City Council
FROM: Dwight Johnson, City Manager
SUBJECT: Discussion Outline for Legislative Dinner
Attached is a proposed outline of discussion topics for the dinner meeting with our
legislators on February 14. This outline is based on input from you and from staff on
the various issues which impact the City. Should you have comments or suggestions,
please let me know by noon Monday so that we can incorporate these into the
discussion outline.
I
Discussion Topics for Meeting with Legislators
I. Major Issues
A. Orfield Proposals --Representative Myron Orfield has proposed legislation which
would have a significant impact on the types of housing that Plymouth and other western
suburbs could offer. Mr. Orfield contends that the suburbs do nothing to encourage
housing for low and moderate income families, and he seeks to enact measures which
would compel the provision of low and moderate income housing opportunities. Mr.
Orfield assumes that Plymouth and other suburbs currently have no programs in place to
serve these families, and that appropriate housing simply is not available. Funding for
highways and infrastructure could be affected, as well as any requests to expand the
MUSA line.
The experience in Plymouth tends to show otherwise. Recently approved is a 203
unit apartment complex which will offer low and moderate income housing. The
Plymouth Senior Housing project, currently under construction and using local funding
exclusively, will provide 99 subsidized apartments for Plymouth's senior citizens. Another
recently approved project, to be built by Rottlund Homes, will provide 144 townhouses
for sale for under $100,000. The Plymouth Housing Alliance seeks ways to provide
homes to low and moderate income families. Plymouth's Housing and Redevelopment
Authority aggressively pursues housing programs for low and moderate income families,
including Section 8 rent certificates and assistance for first time home buyers.
We would be interested in hearing about any IR and Met Council
counterproposals.
B. Neary-Kelly Proposals --Representatives Neary and Kelly have proposed legislation
which would significantly change the property tax system, impacting cities and potentially
benefiting school districts. Similar reforms occurred several years ago, and the schools
absorbed all of the "freed up" funding and then some. Any new reforms must have
safeguards in place so that past fiscal history is not repeated.
C. HACA Changes --Past legislation has been passed which would add programs to the
Local Government Trust Fund. In 1994, this may affect the amount of HACA Plymouth
receives. Proposals are being made to restore some funding the the Local Government
Trust Fund to offset the new programs added. Since state aid comprises around 14% of
Plymouth's budget, any changes in the funding formula and distribution factors are of
significant concern to the City.
D. Charter Issues --the City recently was confronted with an issue on which the City's
Charter was silent. This raised a question of when a city's charter is silent on a particular
subject, do state statutes apply and become operative? In the particular case at hand, the
Attorney General ruled that they do not, even though our Charter was written with this
assumption. Legislation clarifying this issue may be needed and would have an impact on
all charter cities.
E. Projected Funding for Highway 169 Improvements --Highway 169, which runs
along Plymouth's eastern border, is extremely congested and during rush hour is
sometimes at a standstill. The spillover from Highway 169 impacts Plymouth arterials,
such as Zachary Lane, and significantly impacts traffic on that road. The City wants to
call attention to the need for improvements to Highway 169 to alleviate the traffic
congestion on adjacent city streets.
F. Railroad Crossings --For months the City has been working with CP Rail ( formerly
the Soo Line) to construct crossing controls at a track crossing along a busy street,
Pineview Lane. The bureaucracy which controls crossings for the railroad truly is
daunting. Legislation which would give cities some modicum of control to require
railroad crossing safety controls within city limits is indicated by Plymouth's experience.
G. Environmental Assessment Worksheets --The implementation of the 1991 Wetlands
Act governs the preparation of Environmental Assessment Worksheets (EAW) on
proposed developments. Cities have a limited time period to approve or deny
development applications. The Wetlands Act is not clear as to whether or not all activity
on a proposed development must cease ("stopping the clock") while the EAW is prepared
and analyzed. State legislation clarifying this issue for the City may be necessary.
II. Other Issues
A. Unfunded Mandates --the federal and state governments continually mandate the
provision of programs and services by cities but do not provide funding for these
programs. Inevitably meeting these mandates impacts taxpayers.
B. Crime Prevention --legislation on preventing and mitigating crime is important.
C. Election Laws --the City is interested in any legislation proposed involving elections,
such as absentee voting without qualification, school districts sharing in the cost of
elections conducted by cities, term limits, and whether or not state campaign laws will
apply to local elections.
D. Other Property Tax Law Changes --the City is interested in monitoring any potential
changes to the truth in taxation statements and to the "This Old House" bill, which our
City Assessor finds very difficult to administer.
E. Transit --the 1992 bond authorization language restricts the use of regional bond funds
by Opt -Out transit systems. Since the Plymouth Metrolink is an opt -out system, the City
is interested in any changes which would expand the usage of these funds. The
possibilities of transit hubs and a regional organization for transit activities also are of
interest to the City.
F. Urban Forest --the City would be interested in hearing about potential legislation
involving tree preservation ordinances and the Minnesota ReLeaf program.
U2: 08 :11 11*1:53 V612 533 1346 NW i'� MIUNITi TV
CABLE TELEVISION AND THE TELECOMMUNICATIONS
INDUSTRY: YOU AND YOUR CITY.
Thursday, February 17, 1994, 5:00 p.m. buffet dinner, 6:00 to
7:30 p.m. program.
1. Welcome and introductions, John T. Irving, Chair. Pre -cable
history, reasons for forming joint powers cable commission,
revisions to Joint Powers Agreement, communications with
congressional delegation.
2. The changing regulatory climate and its impact on cities,
1981, 1984, and 1992. Impact on community programming, Adrian
Herbst, Commission Attorney.
3. The impact of regulatory changes on King Videocable Co. in the
northwest suburbs: rate regulation, competition and revenue. The
regulatory playing field, is it level? Community programming: A
cable operator's view. Most asked questions about cable. The
future, Jim Commers, Vice President and General Manager, King
videocable Co.
4. The Northwest Suburbs Cable Commission and Northwest Community
Television their structure and funding. Present services being
offered by NWCT and review of those services by the Commission's
Executive Committee. The impact of federal pre-emption and
competition on community programming, video presentation, Greg
Moore, Executive Director, Northwest Suburbs Cable Commission and
Northwest Community Television.
r� CITY CENTER MEETINGS
February 1994
*REVISED MEETING ** NEW MEETING 2/10/94
PiCITY CENTER MEETINGS
March 1994
Tuesday Wednesday Thursday Friday Saturday
i
6
7
8
9
10
11
12
:00 PSI COUNCIL
:00 PAI BOARD OF
:00 PM FINANCIAL
:00 PM PRAC
I MEETING
ZONING
ADVISORY
COMMITTEE
:00 PNI PLANNING
COMMISSION
13
14
15
16
17
18
19
:00 PM "CHARTER
:00 PM HRA
:00 PDi PACT
06UNCILSTVDY.
COMMISSION
SESSION'
20
21
22
23
24
25
26
Spring begins
:00 PM COUNCIL
:00 PM PLANNING
MEETING
COMMISSION
27
28
29
130
131
S M T W T F S F S M T W T F S
1 2 3 4 5 1 2
6 7 8 9 10 11 113 4 5 6 7 8 9
13 14 15 16 17 18 19 10 11 12 13 14 15 16
20 21 22 23 24 25 26 17 18 19 20 21 22 23
27 28 24 25 26 27 28 29 30
`REVISED MEETING ** NEW MEETING 2/10/94
City Council Weekly Planner
r?) February 13 -March 26, 1994
SaturdaySunday Monday Tuesday Wednesday Thursday Friday
Feb 13 Feb 14 Feb 15 Feb 16 Feb 17 Feb 18 Feb 19
:00 PM;COUNCIL". :00 PM HRA :00 PM PACT Cable TV Orientation
STiJDY"SiSSIOiI`' Session - NW Com-
munity TV Center,
5:00 p.m.
Feb 20
Feb 21
Feb 22
Feb 23
Feb 24
Feb 25
Feb 26
President's
:00 PM BOARD
:00 PM PLANNING
:00 PM PRAC
DDa Cit Offi-
ay - y
OF ZONING
COMMISSION
Transportation Sympo-
ces Closed
SORY
sium - Holiday Inn
COMMITTEE
Burnsville, 8:00 a.m.
:00 PM PLAN-
Feb 27
Feb 28
Mar 1
Mar 2
Mar 3
Mar 4
Mar 5
0:30 T!M COUNCIL I
PRECINCT CAU-
9TUIP�'
CUSES - 7 P.M.
Mar 6
Mar 7
Mar 8
Mar 9
Mar 10
Mar 11
Mar 12
7.00 PM COUi
MEETTI
:00 PM BOARD
:00 PM FINAN-
:00 PM PRAC
CiX.
OF ZONING
CIAL ADVI-
SORY
COMMITTEE
:00 PM PLAN-
NING
COMMISSION
Mar 13
Mar 14
Mar 15
Mar 16
Mar 17
Mar 18
Mar 19
:00 PM
:00 PM HRA
:00 PM PACT 11UNCIL
STUbY
"CHARTER
SESSION >.:
Mar 20 Mar 21 Mar 22 Mar 23 Mar 24 Mar 25 Mar 26
Spring begins 7,00 PM COUNCIL :00 PM PLAN- LMC Legislative
MEETING NING Conference - St. Paul
COMMISSION Radisson
"Revised Meeting "New Meeting 2/10/94
= \ c'—
SHINGLE CREEK WOTERSHED MONOGEMENT COMMISSION-_
3001 Harbor Lane • Suite 150 • Plymouth, MN 55447
Telephone (612) 553-1144 • Fax (612) 553-9326
MINUTES
December 9, 1993
A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman
Fred Moore on Thursday, December 9, 1993, at 12:55 p.m. at the Saint Andrews Club, 8700 Edinbrook
Crossing, Brooklyn Park, MN.
Present were: Sy Knapp, Brooklyn Center; Kevin Larson, Brooklyn Park; Gerry Butcher, Maple Grove;
Perry Damon, Minneapolis; Mark Hanson, New Hope; Dick Fursman, Osseo; Fred
Moore, Plymouth; Troy Gamble, Robbinsdale; Curt Pearson, Attorney; Dale Claridge,
Montgomery Watson; and Judie Anderson, Recording Secretary.
Also present was: Chet Harrison, Clark Engineering.
I. Minutes.
Butcher moved and Fursman seconded a motion to approve the minutes of the November meeting.
Motion carried.
II. Treasurer's Report.
Knapp moved and Butcher seconded a motion to approve the Treasurer's Report. Motion carried.
III. Approval of Claims.
Knapp moved and Fursman seconded a motion to approve claims totaling $6,839.29. The claims
were approved by roll call vote: ayes - Knapp, Larson, Butcher, Damon, Hanson, Fursman, Moore and
Gamble; nays - none.; absent - Crystal.
IV. Correspondence.
A. The Commissioners reviewed the Communications Log. No action was required.
B. The Commissioners received copies of a November 18 memo from Larson requesting
clarification from the Commission of review criteria found within the Management Plan pertaining to uses
other than residential for land zoned single family detaching housing. Confusion arose when interpreting
the need to review plans for minor additions to three elementary schools located in Brooklyn Center and
Brooklyn Park. (See project reviews below.) Larson moved and Knapp seconded a motion requesting
the attorney to provide at the January the appropriate changes to the existing review criteria so as to
clarify the language used therein. Motion carried.
BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE
SCWMC Minutes
December 9, 1993
page 2
V. Project Reviews.
93-12 Park Brook Elementary School, Brooklyn Park. Proposed 4,800 SF addition to an
existing 39,300 SF school building located on a 9.9 acre site located at 7400 Hampshire Avenue. The
site is located within an area zoned as a Conservancy District. Based on an interpretation of the
Commission's Management Standards, Independent School District #279 requested an exemption from the
standards for this project. However, since the Commission looks at the existing land use when applying
the Standards, this project is required to meet the standards for additions to existing developments greater
than five acres for land use other than single family detached housing. ISD#279 will request a variance
similar to those made in the following reviews. Knapp moved and Gamble seconded a motion of intent
to approve if the same standards are met as cited below. Motion carried.
93-13 Garden City Elementary School, Brooklyn Center. Proposed 4,400 SF addition to an
existing 38,525 SF school building located on a 9.4 acre site located at 350165 Avenue North. The site
is located within an area zoned single family residential. Independent School District 279 has requested
a variance to the Commission's Management Standards for proposed improvements at the site. The
Commissioners received Claridge's report on the variance request and a draft resolution. Knapp moved
and Butcher seconded a motion to adopt Resolution 93-8 granting a variance to the Commission's
Management standards for the following reasons and subject to the following conditions:
1. Special circumstances or conditions do exist affecting said property such that the
strict application of the provisions of these standards and criteria would deprive
applicant of the reasonable use of its land. Children and faculty of the school will
benefit from new facilities which include a cafeteria, teachers' lounge, and four
offices.
2. A variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant because the schools are in existence and an on-site
stormwater pond with a permanent pool of water would result in increased safety
risks to students.
3. Granting of the variance will not be detrimental to the public welfare or injurious
to adjacent properties.
4. Said property is not located within a 100 -year floodplain and, therefore, the
condition relating to a use in the floodplain or within the elevations established for
a 100 -year storm is not applicable.
5. Granting of the variance will not be contrary to the intent of taking all reasonable
and practical steps to improve water quality within the watershed and the
conditions hereinafter stated will establish all available control measures.
6. The normal usage of the school site is over an eight to nine month period as
compared to year round usage of typical land usages.
SCWMC Minutes
December 9, 1993
page 3
7. The school sites generate minimal amounts of pollution when compared to a
commercial or industrial site of similar size.
8. Surrounding neighborhoods are fully developed, thus limiting the opportunity to
provide off-site mitigation.
9. Existing roof drains are collected below the school and exit below grade and
discharge directly into the existing 66" trunk storm sewer that crosses the north
side of the school property and eventually outlets to Shingle Creek near 64th
Avenue.
10. Brooklyn Center is in the process of preparing a local water management plan for
the City which, among other things, will focus on water quality issues. Potential
drainage improvements and stormwater management techniques will be address in
the local plan to improve the quality of stormwater discharging into Shingle Creek,
including drainage from the 66" trunk storm sewer line which receives drainage
from the school site.
11. Approximately 33 % of the school site consists of impervious areas. The proposed
improvements will result in a minor increase (.02 acres) in impervious areas of the
site which would result in only small changes in quality and quantity of stormwater
runoff.
12. A detention pond is proposed to be constructed south of the school building which
will drain dry after each storm event. The pond will treat runoff from 2.1 acres
of the 9.4 acre site including drainage from the rooftop of the proposed addition
and existing paved surfaces on the east and south sides of the school building with
skimming provided at the pond outlet. The retention pond and skimming structure
as proposed by the applicant will enhance the quality of the stormwater discharges
from the site.
13. A variance for the school site is approved subject to ISD#279 agreeing with the
City of Brooklyn Center that they will proceed with the improvements subject to
the following conditions:
a. Stormwater outfall to the pond shall be stabilized.
b. The depth of the filter aggregate at the skimmer shall be a minimum of 12"
in depth and aggregate shall be provided in front of the skimmer out a
distance of at least three feet. Skimmer and rock filters shall be inspected
and cleaned semi-annually and replaced as needed to assure proper
skimming and filtration of stormwater discharges from the pond. -
SCWMC Minutes
December 9, 1993
page 4
C. Required drainage easements for ponding and access for maintenance shall
be dedicated to the City.
d. Sweeping of the parking lots shall be done at least twice a year, preferably
in the spring after the snow melts and when school lets out for the
summer.
e. The City of Brooklyn Center shall enter into an agreement with the
applicant to assure that sweeping of the parking lots and inspection and
maintenance of the treatment pond, outlet control structure, and skimmer
will be performed in a timely manner. Records of sweeping and
maintenance activities shall be kept by the applicant and submitted annually
to the City.
Low phosphorus or no phosphorus fertilizers shall be used on all grassed
areas around the school site if such applications are made during the year.
Any fertilizer inadvertently deposited on hard surfaces such as parking lots,
access roads, street gutters, or sidewalks must be thoroughly cleaned from
these surfaces using a backpack blower or broom.
g. Variance application letters received and all other supporting information
are hereby incorporated in and made a part of this resolution.
Motion carried.
93-14 Orchard Lane Elementary School, Brooklyn Center. Proposed 2,800 SF addition to an
existing 41,220 SF school building located on a 13.4 acre site located at 6201 Noble Avenue. The site
is located within an area that is zoned single family residential. Independent School District 279 has
requested a variance to the Commission's Management Standards for proposed improvements at the site.
The Commissioners received Claridge's report on the variance request and a draft resolution. Knapp
moved and Fursman seconded a motion to adopt Resolution 93-9 granting a variance to the Commission's
Management Standards for the following reasons and subject to the following conditions:
Special circumstances or conditions do exist affecting said property such that the
strict application of the provisions of these standards and criteria would deprive
applicant of the reasonable use of its land. Children and faculty of the school will
benefit from new facilities which include a conference room, two music rooms and
four offices.
2. A variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant because the schools are in existence and an on-site
stormwater pond with a permanent pool of water would result in increased safety
risks to students.
SCWMC Minutes
December 9, 1993
page 5
3. Granting of the variance will not be detrimental to the public welfare or injurious
to adjacent properties.
4. Play areas and ball fields on the school site are located within the 100 -year
floodplain; however, the existing school building and parking areas are located out
of the floodplain. No filling is proposed within the 100 -year floodplain. The
proposed site improvements will result in a net increase in floodplain storage and,
therefore, granting of a variance would not allow a lower degree of flood
protection than that which currently exists.
5. Granting of the variance will not be contrary to the intent of taking all reasonable
and practical steps to improve water quality within the watershed and the
conditions hereinafter stated will establish all available control measures.
6. The normal usage of the school site is over an eight to nine month period as
compared to year round usage of typical land usages.
7. The school sites generate minimal amounts of pollution when compared to a
commercial or industrial site of similar size.
8. Surrounding neighborhoods are fully developed, thus limiting the opportunity to
provide off-site mitigation.
9. Approximately 13 % of the school site consists of impervious areas. The proposed
improvements will result in a minor increase (.1 acre) in impervious areas of the
site which would result in only small changes in quality and quantity of stormwater
runoff.
10. A detention pond is proposed to be constructed within the 100 -year floodplain west
of the school building which will drain dry after each storm event. The pond will
treat runoff from 9.6 acres which includes drainage from the rooftop of the
existing school building and proposed addition, paved surfaces south of the school
and the majority of the runoff from the adjacent church property located northwest
of the school. Skimming will be provided at the pond outlet. The detention pond
and skimming structure as proposed by the applicant will enhance the quality of
the stormwater discharges from the school site as well as stormwater discharges
from the adjacent church property.
11. A variance for the school site is approved subject to ISD#279 agreeing with the
City of Brooklyn Center that they will proceed with the improvements subject to
the following conditions:
a. The spillway to the pond from the proposed curb opening of the adjacent
parking lot shall be stabilized to minimize potential erosion. The outfall
SCWMC Minutes
December 9, 1993
page 6
at the pond outlet and emergency flow spillway on the south side of the
bituminous path shall also be stabilized.
b. The depth of the filter aggregate at the skimmer shall be a minimum of 12"
in depth and aggregate shall be provided in front of the skimmer out a
distance of at least three feet. Skimmer and rock filters shall be inspected
and cleaned semi-annually and replaced as needed to assure proper
skimming and filtration of stormwater discharges from the pond.
C. Required drainage easements for ponding and access for maintenance shall
be dedicated to the City.
d. Sweeping of the parking lots shall be done at least twice a year, preferably
in the spring after the snow melts and when school lets out for the
summer.
e. The City of Brooklyn Center shall enter into an agreement with the
applicant to assure that sweeping of the parking lots and inspection and
maintenance of the treatment pond, outlet control structure, and skimmer
will be performed in a timely manner. Records of sweeping and
maintenance activities shall be kept by the applicant and submitted annually
to the City.
f. Low phosphorus or no phosphorus fertilizers shall be used on all grassed
areas around the school site if such applications are made during the year.
Any fertilizer inadvertently deposited on hard surfaces such as parking lots,
access roads, street gutters, or sidewalks must be thoroughly cleaned from
these surfaces using a backpack blower or broom.
g. The proposed detention pond is subject to review and approval by the
Army Corps of Engineers.
h. Variance application letters received and all other supporting information
are hereby incorporated in and made a part of this resolution.
Motion carried.
Knapp extended the Commission's appreciation to Clark Engineering for working with the
School District to accept the Commission's Management Standards.
VII. Other Business.
A. The Commissioners received a draft copy of the Wetland Management Policy. They will
review it at the January meeting,
SCWMC Minutes
December 9, 1993
page 7
[Butcher departed 1:40 p.m.]
B. Knapp moved and Fursman seconded a motion to reschedule the January regular meeting
of the Commission to Tuesday, January 11, 1994, in order to avoid a conflict with the City Engineers
Conference. Motion carried.
C. 1993 Water Quality Monitoring. Steve Kloiber's December 1 memo updated the
Commissioners on the progress of the 1993 projects. Four projects have been completed, the final two
can proceed as soon as data is received from the Met Council later this month.
Kloiber's November 30 memo described the field investigation and storm sewer mapping
of Palmer Lake subwatershed. The memo outlined a number of options to control rough fish in Palmer
Lake, none of which appear to be cost-effective. Knapp moved and Fursman seconded a motion to
receive the report. Motion carried.
There being no further business before the Commission, the meeting was adjourned at 2:00 p.m.
Respectfully submitted,
Judie A. Anderson
Recording Secretary
JAA:tim
elm creek
Watershed Management Commission
EXECUTIVE SECRETARY
Judie A. Anderson
3001 Harbor Lane Ste. 150
Plymouth, MN 55447
Phone 612/553-1144
TECHNICAL ADVISOR
Hennepin Conservation District
10801 Wayzata Blvd. Ste. 240
Minnetonka, MN 55305
Phone 612/544-8572
MINUTES
December 8, 1993
We have moved!
Please note our new addresses.
I. The regular monthly meeting of the Elm Creek Watershed Management Commission was
called to order at 3:15 p.m., Wednesday, December 8, 1993, at Plymouth City Hall, Plymouth,
MN, by Chairman Fred Moore.
Those present were: Jack Bittle, Champlin; Robert Derus, Corcoran; Shirley Slater,
Dayton; Ken Ashfeld, Maple Grove; Fred Moore, Plymouth; Carolyn Dindorf, HCD;
John Barten, Hennepin Parks; Will Hartfeldt, attorney; and Judie Anderson, Executive
Secretary.
Also present: Beth Kunkel, BRW; Randy Hedlund, Hedlund Engineering; Tim
Anderson, Barr Engineering; Ed Kauffmann, Village Builders; William Bauer, Champlin;
and Mark Hanson, Engineering, City of Dayton.
H. Ashfeld moved and Derus seconded a motion to approve the minutes of the November
meeting. Motion carried.
M. Derus moved and Bittle seconded a motion to approve the Treasurer's Report and pay
the bills. Motion carried.
IV. Reports from the District Office.
A. 1993 Water Quality Program. All the field data has been received. The results
will be outlined in the annual Water Quality Report which should be completed by February.
B. Amendments to Management Plan. No information.
C. Hennepin County Groundwater Plan. The Public Works Subcommittee
approved sending the plan to the state agencies for review.
V. Project Reviews.
A. 86-037 Joe Raskob, Medina. No information.
CHAMPLIN • CORCORAN • DAYTON • HASSAN • MAPLE GROVE • MEDINA • PLYMOUTH
Minutes
December 8, 1993
page 2
B. 88-017 Gerald Dykhoff, Medina. No information.
C. 92-024 Elm Creek Golf Course, Plymouth. No information.
D. 93-002 Donald Flynn, Champlin. No information.
E. 93-011 Lloyd Landkamer, Corcoran. No information.
F. 93-012 Duffney Second Addition, Corcoran. No information.
G. 93-013 Weaver Lake Terrace, Maple Grove. No information.
H. 93-023 Superior Iron, Hassan. The DNR issued a Cease and Desist Order for
placing fill in a wetland protected by the Wetland Conservation Act. HCD issued a Restoration
Order to restore the wetland by removing the fill. Under the law, if the land owner chooses to
replace the impacted wetland, he and the Commission have 30 days to write a replacement
agreement after the issuance of the Restoration Order. No additional information is available.
I. 93-024 William Ziegler, Corcoran. The DNR issued a Cease and Desist Order
for placing fill in a wetland protected by the Wetland Conservation Act. HCD has not issued
a Restoration Order. No further information.
J. 93-026 Stone Bridge, Maple Grove. This plan was originally approved in 1988
and grading has already been completed. Further information is required before the revised
grading plan can be approved.
K. 93-027 Pioneer Lane Farm, Corcoran. This project involved filling a wetland
to allow driveway access to a home. HCD inspected the site and determined that .24 acres of
wetland was impacted. A plan was developed for 1:1 replacement to occur by June 30, 1994.
HCD recommended approval of the replacement plan. Ashfeld moved and Bittle seconded a
motion to approve the recommendation of the District Office. Motion carried.
L. 93-030 Golf View Manor, Champlin. This plan is for a 14 lot development on
part of the site previously contemplated for the Berry Knoll Development. HCD reviewed the
erosion control plan and the calculations for the NURP and 100 year flood storage ponds. The
proposed plan addresses the Commission's earlier concern regarding a potential increase in the
ordinary high water mark of the DNR wetland. Bittle moved and Derus seconded a motion to
approve the plan subject to the recommendations of the District Office and definition of the
thickness of the NURP pond liner, i.e.,
1. The invert of the pipe entering the 100 -year pond from the NURP pond
should be dropped to near the bottom of the 100 -year pond to prevent erosion along the pond's
side slopes.
Minutes
December S, 1993
page 3
2. A wide grassed swale should be maintained between the 100 -year pond
emergency outlet and the DNR wetland to minimize the chance of erosion if the pond overflows.
An opening in the proposed silt fence should be provided at the emergency spillway. At this
opening, staked hay bales or rock pile filters must be placed to control erosion.
3. The 100 -year pond should be checked periodically and material removed
from the bottom to maintain adequate seepage.
4. Contour changes should occur to direct drainage from Lots 4, 5, 6 and 7
into the NURP pond.
5. A silt fence should be placed between the homes and the NURP pond until
vegetation is established.
6. Temporary seed and mulch should be incorporated within 72 hours after
rough grading.
Motion carried.
M. 93-031 Cowles Media, Champlin. A plan was submitted for phased wetland
replacement on a 350 acre site. The plan requires replacement for 2.01 impacted wetland acres.
Under the Interim Rules of the Wetland Conservation Act, 1:1 replacement is required. This
will occur by excavation near the sites identified as wetlands 1 and 2. The plan provides for
five phases of development through the year 2000, which is allowable under the Act.
Replacement must occur prior to or in concurrence with the wetland filling and the erosion
control plan must be reviewed by the Commission prior to commencing replacement. HCD felt
the plan meets the requirements of the Act and recommended approval. Bittle moved and
Ashfeld seconded a motion to approve as the LGU the proposed plan under the Interim Rules
of the Wetland Conservation Act. Motion carried.
VI. Wetland Conservation Act. The permanent rules of the Act must be adopted before
December 31. The Commissioners discussed permanent Local Government Unit (LGU)
designation and reviewed a revised draft resolution establishing the Commission as the LGU to
administer the Act for those member municipalities which delegate that responsibility to the
Commission. Moore moved and Ashfeld seconded a motion to adopt the resolution with an
amount of $200 inserted as an escrow deposit. Motion carried.
VII. Other Business.
A. Chapter 8410. Hartfeldt presented a revised draft Code of Ethics. Derus moved
and Ashfeld seconded a motion to adopt the Code. Motion carried. Anderson will incorporate
the Code into the Rules of the Commission.
Minutes
December 8, 1993
page 4
B. USGS Joint Funding Agreement. Ashfeld moved and Bittle seconded a motion
to approve for signature by the officers a water quality monitoring agreement between the USGS
and the Commission for fiscal year 1994 in the amount of $19,650, with the costs being equally
shared. Motion carried.
C. Floodplain Determination in Champlin. The Commissioners received a copy
of a memo from the West Mississippi WMO re a request for floodplain determination for an
area on East River Parkway. The Elm Creek Flood Study dated June 1983 does not identify this
area as part of the 100 -year floodplain. HCD suggested that either the property owner or the
City of Chaplin determine if existing roadway elevations along TH169 are high enough to
prevent flood waters at elevation 851.6 from reaching this low area. If this can be verified, the
City may wish to submit a request for floodplain revision to FEMA; if not, the Commission will
consider studying this area in greater detail and recompute flood profiles along the Creek as part
of future amendments to the Management Plan.
There being no further business, the meeting was adjourned.
Respectfully submitted,
Judie A. Anderson
Executive Secretary
JAA: tim
.1'
League of Minnesota Cities
Number 2 Special edition
Lm�
ulletin
February 4, 1994
Higher property values and rising tax
capacities lead to property tax increases
Gary Carlson
The increases in home owner
property taxes were the focus of many
truth -in -taxation hearings last fall.
Changes in the statewide property tax
base are the cause of many of those
increases.
Department of Revenue data
shows that property market values and
tax capacities for residential home-
steads increased significantly over the
last year. Market values and tax
capacities for other classes of property
grew slowly or decreased. (See Table
A.) These changes lead to large
homeowner property tax increases,
even before factoring in local property
tax levies.
The increases in market values
and tax capacities are largely due to
changing economic values of existing
property and new construction.
Another reason for the increases is
reclassification of specific parcels
from one property class to another.
And, a third reason is the state's
See Tax, page 3
Table A
Statewide Changes in Market Values and Tax Capacities
Pay 1993 to Pay 1994
Pro;)erty Type
Market Value
Percent Change
Tax Capacity
Percent Change
Farm Homestead
4.77%
-11.06%
Residential Homestead
6.69%
8.15%
Residential Non -Homestead
-7.92%
-15.29%
Apartment
-2.99%
-3.59%
Commercial
-2.98%
-5.19%
Industrial
-2.00%
4.11%
Public Utility
3.21%
1.04%
All Other Real Property
0.35%
-2.63%
Total Personal Property
-0.57%
-2.54%
Total Real and Personal
3.18%
-1.06%
Source: 1992 and 1993 Abstracts of Assessment prepared by the Minnesota Department of Revenue
--------------
Page 3
Page 4.:..
$750,000 awarded for League to study
Route to:
Board awards first round of cooperation grants
Sarah Hackett
The Board of Government
Innovation and Cooperation has
awarded $750,000 among 16 grantees
for service sharing, cooperative
planning, and design of service
models. Under the law creating the
grant program, grant recipients will
need to sign a contract with the state,
and may need to repay the grant if
they don't complete the project.
Future grants likely
The board has another $250,000 to
use for a future distribution of grants;
however, the board hasn't set a
timeline for applications. Several
board members, including Finance
Commissioner John Gunyou and
Senator John Hottinger (DFL -
Mankato), have advocated seeking
additional grant funding during the
1994 legislative session.
Tax, continued from page 1
changes in property class rates. (Table
B shows the classification changes the
Legislature and governor made for
taxes payable in 1994.)
The increase in value of residen-
tial homestead property could affect
aid distributions from the local
government trust fund (the fund the
state uses to distribute state aid to
cities). As taxes on homeowners
increase, the cost of the homeowner's
circuit breaker may also increase.
Even though funding for the circuit
breaker comes from the trust fund, it is
not subject to automatic reductions if
there is a shortfall.
The revenue department will not
re -estimate the cost of the homeowner
circuit breaker until it has compiled
the final 1994 levies. That will occur
sometime after the March revenue
forecast. 0
February 4,1994
Waiver requests increasing
The board has authority to review
and grant waivers to state rules or
procedural laws which interfere with
innovation or cooperation. To date,
counties have submitted approximately
25 waivers. Cities which have ideas
for rule or law waivers can submit
them at any time by contacting Pad
Maier, Board Executive Director,
(612) 282-2390.
Grant awards
When reviewing the highest-
ranking applications, the board
members decided to reduce some
grants. They decided to fully fund the
grant up to $30,000 and to fund one-
half of the request above that amount.
They didn't seem to understand the
impact of partial -funding. Because of
the limited funds, they attempted to
fund the largest number of grants.
Service Sharing Grants
Total distribution -- $375,000
West Central Resource Sharing
Cooperative -- $17,200
(Fergus Falls, Battle Lake,
Breckenridge, Underwood, Henning,
Morris, Perham, Detroit Lakes,
Pelican Rapids, Moorhead, New York
Mills)
to implement the cooperative which
will identify resources that the
participating cities can share
Alexandria, School District #206,
LaGrande and Alexandria
Townships -- $65,000
- to cooperatively provide recreational
programming for county residents
See Grants, page 4
Table B
Property Class Rate Changes Effective for
Taxes Pavable in 1994
Page 3
Pay 1993 Class
Pay 1994
Rate
Class Rate
Commercial and Industrial
4.70%
4.60%
Residential Nonhomestead
2.50%
2.30%
Agricultural land up to $115,000
1.30%
0.45%
market value and equal to the value
of the house, garage and first acre
Agricultural land over $115,000
1.30%
1.00%
market value up to 320 acres
Agricultural land over $115,000
1.60%
1.50%
market value over 320 acres
Page 3
Cost of environmental mandates
will be topic of studies
Duke Addieks
Many cities are complaining
about the cost of what they
perceive to be costly and unneces-
sary environmental mandates,
especially in the areas of wastewa-
ter treatment and drinking water.
Often, cities must make improve-
ments in existing systems before
they can renew permits. But, in
some situations, the required
improvements either aren't
necessary or aren't cost effective.
The League's policy on this
issue seeks state and federal
funding to help cities comply with
these mandates. But why should
the state or federal government,
and local taxpayers and users of
city services, pay to improve
water systems to meet inappropri-
ate standards?
The Coalition of Greater
Minnesota Cities wants to gather
examples of problems and cost -
inefficiencies with these man-
dates. Any city wishing to contrib-
Grants, continued from page 3
Fridley, Mounds View, New Brighton,
Spring Lake Park -- $75,000
- to provide a comprehensive senior
citizen program operated out of a
regional senior citizen center
Northwest Hennepin League of
Municipalities -- $27,500
- to develop a map identifying all
trails in the Northwest Hennepin
County Park system
Ilutchinson, McLeod County, and
MnDOT -- $140,000
- to provide a Hutchinson Area
Transportation Service (HATS),
distribution center for road crews from
all three entities
ute to the funding of that study may
contact the coalition directly.
As part of its plan for adopting
policy for the 1995 Legislature and
Congress, League staff will ask the
board to form a task force to study
unfunded, unnecessary environmen-
tal mandates.
In the meantime, we will bring
this issue to the Minnesota Congres-
sional Delegation during the March
12-15, 1994 National League of
Cities Congressional -City Confer-
ence. Staff will also begin working
with the Minnesota Pollution Control
Agency and Minnesota Department
of Health to clarify these concerns.
We will also talk to legislators to try
during this session to delay the
implementation of these mandates.
City officials interested in
serving on the League's proposed
Environmental Mandates Task Force
should contact Joel Jamnik. Cities
with immediate concerns.should
contact us so we can bring these
concerns to the 1994 Legislature and
Congress. 0
Rice, Steele, Dodge, and Waseca
Counties -- $25,150
• to share collections staff to deter-
mine outstanding fines and attorney
fees, and to implement a strategy to
collect receivables
Shorewood, Tonka Bay, and
Deephaven -- $25,150
- to provide a permanent public senior
citizen center
Cooperation Planning Grants
and Service Budget
Management Model Grants
Total distribution -- $375,000
Itasca, Cook, Lake, St. Louis,
Carlton, Koochiching, and Aitkin
Counties, and the Western Lake
Superior Sanitary District -- $50,000
- to plan a process for regional solid
waste management
Wilkin County, School Districts #846
and 852, and nine cities -- $25,000
- to create a community service
program for high school students to
meet specific needs in the communi-
ties
Faribault, Northfield, Owatonna,
and Rice, Steele, and LeSueur
Counties -- $29,000
- to study the feasibility of a joint
public safety communications system/
integrated 911 service
Beltrami, Cass, and Hubbard
Counties, and Leech Lake Indian
Tribe -- $50,000
• to plan and create a geographic
information system of environmental
protection programs for the watershed
Data Processing Security Association
(12 northwestern counties) -- $41,000
- to create a data processing disaster
recovery plan for the current joint
central data processing unit
Bayport, Oak Park Heights, and
Baytown Township -- $44,000
• to study cost impact of merging
service delivery and staffing for the
three governments
Halstad, Hendrum, Perley,
Shelly -- $43,103
• to plan for sharing local services and
equipment
Brooklyn Center, Brooklyn
Park, Crystal, New Hope,
Robbinsdale -- $50,000
- to develop strategies and systems to
implement cooperative housing
programs among five jurisdictions
Association of Minnesota Counties,
Minnesota Association of School
Boards, Clearwater County, Prior Lake
Public Schools -- $42,897
- to hold a conference on February 24
and 25 to initiate, expand, and im-
prove collaboration between counties
and schools 0
Page 4 LMC Cities Bulletin
i
League adds TDD:
490-9038
The League of Minnesota Cities
has purchased a TDD (telecommunica-
tions device for the deaf) to help those
with hearing impairments communi-
cate with League staff. Calls will go
into the receptionist during regular
business hours. After hours, the TDD
acts as an answering machine so users
can leave a message.
Another service for people with
hearing impairments is the Minnesota
Relay Service, available for anyone at
no charge (except for long distance
charges). Contact the League for more
information about the TDD or the
relay service. 0
Need help with
construction
projects?
Construction management
workshop could help
Have you had difficulties with
past construction projects, or are you
tackling your first construction
project? Then this workshop is for you.
The League of Minnesota Cities is
sponsoring, Making Your City's
Construction Project A Sucess:
Construction Management and
General Contracting Options. This
workshop will help you avoid cost
overruns, prevent missed deadlines,
and ensure superior quality.
Well hold the session on March
30-31, 1994 if we receive enough
interest. We need a sufficient number
of committed registrants before we
make final preparations.
Registration fee of $150 includes
lunches, breaks, and reference manual.
If you would like to attend this
workshop please call by February 17,
1994: Government Training Service
(GTS), (612) 222-7409, Minnesota toll
free (800) 652-9719.0
February 4, 1994
League board
appoints trustee
The League board of directors
filled a vacancy on the League of
Minnesota Cities Insurance Trust
board by appointing Robert Richter,
Councilmember, Mankato. Richter
won a special election for council in
January 1992. He is the owner/
president of Willard and Williams
Insurance Agency in Mankato.
In his application letter, Richter
said, "I am excited about the possibili-
ty of serving on the trust board,
interested in the mission of LMCIT,
and committed to attending and being
involved in the meetings." 0
Fire service
contracts wanted
The League's research department
is looking for recent fire service
contracts to add to its reference
collection. We are looking for samples
showing service to other cities or
townships, mutual aid agreements, or
joint powers arrangements.
If your city has recently created or
renewed a contract please share it with
other League members by sending a
copy to League of Minnesota Cities,
Attn: Library, 3490 Lexington Avenue
No., St. Paul, MN 55126-8044.0
We would like to hear from you
1-800-925-1 122
plus your city code
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 at
1-800-925-1122 or (612) 490-5600.
s LAIC
Page 5
Annonneing the...
SP * asted
Scholarship
The League of Minnesota Cities is announcing the
Springsted Scholarship.
At the 1993 League of Minnesota Cities annual
conference, Springsted Inc. presented the League
with a $2,000 grant for funding scholarships for
local officials. This grant may be renewed on an
annual basis..
The program will provide opportunities for local
government officials cials to get training that will help
them in their positions. The League's Personnel
Committee (a committee of board members) will
review requests and approve distribution of
funds.
The League of Minnesota Cities will recognize the
recipients at the 1994 annual conference.
Lm�
League of Minnesota Cities
Scholarship criteria
• The applicant must serve in
either an elected or appointed
position as a League of
Minnesota Cities member and
have no current plans for
leaving that position.
• The applicant would
otherwise f ind it difficult or
impossible to attend the
training program. due to
limited organization funds.
• The program is directly
related to the local
government gf'icWs current
responsibilities and would
clearly benefit him or her in
the performance of those
duties.
• The applicant is willing to
submit a written report
describing the benefits of this
activity which the League
may publish if appropriate.
For more information
For more information contact
League of Minnesota Cities
Associate Executive Director
Sharon Kiumpp at (612)
490-5600.
Application submittal
Send letter of application
including training dates,
location, and cost to League of
Minnesota Cities, 3490
Lexington Avenue North, SL
Paul, MN 55126, Attn. Sharon
Kiumpp. Please submit letter of
application at least one month
In advance of the training
League of Minnesota cities I
3490 Lexington Avenue North
St. Piaui, MN 55126
Phone. (612) 490-5600 1-800-925-1122 77)D: 490-9038 Fax: (612) 490-0072
Page 10 LMC Cities Bulletin
92
III
E.".
N-11
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 a month 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. The City of
Fairmont, MN (population 11,265), south
central Minnesota community with five
lakes within the corporate boundaries.
Starting salary range $55,000 to $65,000.
Reports to a five -member council and a
mayor elected to four-year terms. Responsi-
ble for managing a full-time staff of 104
employees. The general fund budget is $4
million with a city-wide budget of $20
million, including enterprise funds.
Qualified candidate should have a
bachelor's degree in public administration
Or closely related field plus a minimum of
five years experience in a responsible
municipal government management
position. Successful candidate will have
strong leadership and communication
skills. Position requires a working
knowledge of municipal finance, human
resources, public works, public safety and
economic and community development.
Resumes should be submitted by April 1,
1994 to City Clerk, City of Fairmont, PO
Box 751, Fairmont, MN 56031, (507) 238-
9461. EOE.
ADMINISTRATOR/CLERK. The
City of Lanesboro, MN (population approx.
865) is seeking a city administrator/clerk
who will report to the city council and
public utilities commission. Starting salary
in $20's plus benefits. Responsibilities
include general supervision of ten employ-
ees; supervise and coordinate all city
departments and operations; managing
finances; preparing and administering the
budget; administering the economic
development program; and, serve as civil
defense director. Qualifications include a
B.A. or equivalent in public administration
or related field; three to five years
experience with supervisory responsibility;
and, considerable knowledge in computer
operations. Send resume to Mayor, City of
Lanesboro, Lanesboro, MN 55949.
ECONOMIC DEVELOPMENT
COORDINATOR. The City of Mounds
View is seeking a full-time position
responsible for economic redevelopment
activities. B.A. in planning, economics,
finance, or related field required, Masters
Degree strongly preferred. Three years
experience in economic re/development,
TIF, business retention and housing rehab.
programs. $32,433 - $43,244/yr. DOQ.
Call (612) 784-3055 for application and
job description. Application and resume
to: Tim Cruikshank, Mounds View City
Hall, 2401 Highway 10, Mounds View,
MN 55112 by 5:30 p.m. February 14, 1994.
AA/EOE.
PROSECUTION SERVICES. The
City of Mounds View is seeking to contract
with a Metro area law firm to provide
general municipal prosecution services;
gross misdemeanor, misdemeanor and petty
misdemeanor cases including traffic
violations, DWI cases, theft and city code
violations, drafting complaints, represent-
ing the city at court appearances, including
omnibus hearings, pretrial conferences,
court and jury trials and post -conviction
hearings. Experience in municipal
prosecution is required, experience with
the Ramsey County Court system is
preferred. Copies of the RFP may be
obtained by calling Mounds View City
Hall, (612) 784-3055. Deadline is 4:00
p.m., February 28, 1994. Interviews of the
top three firms will be held in early March
with final selection in mid-March.
Expected commencement of services is
April, 1994. AA/EOE.
PUBLIC WORKS DIRECTOR/
BUILDING INSPECTOR. The City of
Centerville (population 1,819) a rapidly
growing, small (two square miles) northern
metropolitan city, is seeking a person who
could fill the combined position of Public
Works Director/Building Inspector.
Minimum qualifications are: high school
graduate, certified Minnesota State
Building Official -inspection or equivalent
education, building construction or
inspection experience, good communica-
tion skills, computer Class C Sewer
License and Class B Drivers License must
be obtained within twelve months of the
date of hire. Salary range is $30,000 to
$35,000 depending upon qualifications and
benefit package. For a required application
form (with attached job description)
contact. the City of Centerville (612) 429-
3232. Submit applications and resume to
the City of Centerville, 1880 Main Street,
Centerville, MN 55038. Completed
applications must be received by 12:00
noon, February 24,1994. EOE.
For Sale
AMBULANCE. The City of Rushford is
accepting sealed bids until 3:00 p.m. on
February 14, 1994, for the purchase of a
1993 or newer Type III Modular Ambu-
lance unit. Bid specifications and proposal
forms are available at the City Clerk's
Office, Box 430, Rushford, MN 55971.
FIRE TRUCK. The City of Hastings has
for sale a 1965 International pumper
(General Safety Equipment), 500 gpm 2
stage Waterous Pump, 750 gal. tank, Code
3 Siren, GE Radio, hard suction hose, and
emergency lights. This piece of apparatus
is in good condition. This truck was used
as a rural pumper. To review, contact the
Hastings Fire Department at (612) 437-
5610. Sealed bids will be accepted at the
office of the City Clerk, 101 East 4th St.,
Hastings, MN 55033 until 10:00 a.m.,
March 2, 1994.
SANDING TRAILER. The City of
Nevis has for sale a 7' sanding trailer with
controls. The trailer comes equipped with
hydraulic surge brakes, lights, reflectors,
extended throttle. Sealed bids will be
accepted until 7:30 p.m., Tuesday, March
8. Mail bids to City of Nevis, PO Box 108,
Nevis, Minnesota 56467. For more
information or to inspect, call Terry
Carlson at (218) 652-3867. The City of
Nevis reserves the right to accept or reject
any or all bids.
1994 Directory
of Minnesota Cittir
Officials
The League of Minnesota Cities 1994
Directory of Minnesota City Officials is
now available.
Watch for order forms or if you would
like to order a copy contact the
League at (612),490-5600.
Zachary Lane
4350 Zachary Lane
Plymouth, MN 55442
February 2, 1994
Joy Tierney
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Joy Tierney:
Zachary Lane is planning a celebration for the 25th year anniversary and
dedication of our new addition on Wednesday June 1, 1994 from 4:00 -7:30
p.m.
We invite you to join in the celebration. From 4:00-5:00 p.m. we are
inviting all past alumuni for a social in the multipurpose room. From
5:00-7:00 p.m. we are planning many activities throughout the building for
students, staff, parents, board members, city council members, mayor,
chief of police, commissioner of education and the community to
participate in to showcase our school. From 7:00-7:30 p.m. we will have a
short program and dedication for the new addition. We would be honored if
you would agree to be a part of our program.
Thank you for your consideration and we are hopeful of your participation.
Sincerely,
Stephanie Parsons
Assistant Principal
Chair, 25th Celebration
February 8,1994 CITY OF
PUMOUTR
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.
cc: City Council
City Manager
City Attorney
J
Sincerely,
vl-tfil J� Gl vV
Virgil Schneider
Charter Commission Chairman
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
BEST & FLANAGAN
ATTORNEYS AT LAW
ROBERT L. CROSBY
SCOTT D. ELLER
4000 FIRST BANK PLACE
LEONARD M. ADDINGTON
ROBERT R. BARTH
CHARLES C. BERQUIST
GEORGE 0. LUDCKE
601 SECOND AVENUE SOUTH
N. WALTER GRAFF
& JOSEPH LAFAVE
ALLEN D. BARNARD
GREGORY D. SOULE
MINNEAPOLIS, MN 55402-4331
RICHARD A. PETERSON
CATHY E. GOBLIN
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 STEENBUROH
JOHN A. BURTON, JR.
DAVID J. ZUBKE
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. KocHENDoRFER
JEANNICE M. REDING
SARAH CRIPPEN MADISON
ROBERT D.MAHER
DAVID H.JoHxsox
WILLIAM J. MORRIS
OF COUNSEL
JOHN R.CARRoLL
JAMES D. OLSON
ROBERT M. SEARE
ARCHIBALD SPENCER
WARD B. LEWIS
JAMES 1. BEST
IBOY-IDBB '
ROBERT J. FLANAGAN
1890-1974
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.
V y ruly yours, 4
4
2
Robert L. Mel&eJlr.
PEK:kjd:Johnson.ltr
Enclosures
—HA BEST #' FLNHAGAH
HAn,:ur L.l:Nwpw
Lrw11.AM1rM. AVl.•.1owm
nougat R OADTU
14. WA►I KM 4,04IArr
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11..K1KxT J. Cum-irupso". JR.
FKAI.M.1. WAI.Y.
L'IIA?411 VOOL
MARIMLty W. {ice PurmM.Joe.
DAVID D.II4RSC
JvNr .4 �vHTun. Ju..
JAKu C. Dir,%cLEs
Hox.EHT L NELLeD. JR.
jurmH A. Newin-mrAKP.
I1,1�,1'a'a
Dr:ST & EI.AN.AOr1N
ArroteNF:rs %-r LAW
SCOTT 1D. EL CR X14000 Flusv BATIK F1"CE
(.IL%RLZS C. DCROViST
GCORGE O. LVDCRC
C. . I S7:CGND jVE-NUE SC)1,TTII
GRCOODT D.SOVLE
r11NN1;APOLIS. AIN r1:1ao2-4331
CAY1lY F. OUP'LOH
F.tTvicK U HexprESSY
TTS. EPTTONE 1011 330-7121
T.MOr.IP A..%utuTAx
DRIAK F. RICE
Tr:1.L<:ciY11*R (OL21 339-0807
0A14IKL H.W. Nr.Vit-
TIIA([Y J. VAN tt'gY•NPl1 V(;1t
DAVID .i. %ITRxr.
SrrnzN H. Kslswa
JAMES P. M1CItCLs
1•Ak.x, E. KA'Ail'u-1
Direct Dial: 341-9720
November 18, 1993
BY FACSIMILE
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Council Vacancy Issue
Dear Dwight:
CIHDr J. LAumm
cI�O}/.s 1'. HOYLE
ROSS C. poR44Al./.
I,ARTV SCHF.RD flub.*
1,L..RY F. 11.KAvr.N
(.ATUERIKF. J. C.'-I•RTAY.Y
KrlTH.1. Nrlr;rla
TaACr. r. K4X&1cKD41llrl:w
JCAKKICC M. UKUINU
SAIC:H CRIM•tN T1AolypN
r7..UHt D.MA11CR
D NVID H. JOHNMIA
N•1LL1AV .i. tforms
Of C4M&%9L
JO11W 11. (;"1UQL.L
*1.I s D. G� s*11
<lkcom M.. KANr.
ARCHI6AI.D S14::Ii:K0
W,f rns H. 1.Kw1;
JA.ltss 1. L;I:sT
KA@•laln
11avl: = J. FLAxAo :x
/ori -W-4
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 date of the 1991 PlPrtian is deemed to be the 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
tbp event there is a three to three tip on the rpipst" i nn of who is
appointed to fill the vacant City Council position vacated by the
mayor -elect.
.Ff,-@H BEST & FLANAGAN
Mr. Johnson
November 18, 1993
Page 2
11,1��,1'.J.. 1(i : �. Plii,
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
§ 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
:PE7-Yl
: jd:Johnson.ltr
January 12, 1994 a
OF COUNSEL
JOHN R.CAaaoLL-
JAMES D. OLSON
ROBERT M.SKARE
ARCHIBALD SPENCER
WARD B. Lzms
JAxEs I. BEST
1oce-iow
ROBERT J. FLAxsoAN
1898-1974
9
Hubert H. -Humphrey, III�u
Attorney General j
102 Capitol Building ,
Aurora Avenue 4
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 S 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.
9
B E S T & F LANAGAN
ATTORNEYS AT LAw
ROBERT L.CRosBT
Scorn D. ELLER
4000 FIRST BANK PLACE
CINDY J. LARSON
LEONARD M.ADDINOTOx
CHARLES C.B8a0IIIST
JOHN P. BOYLE
ROBERT R.BARTH
GEORGE O.LIIDCHE
601 SECOND AVENUE SOUTI!
Ross C.FoRMELL
N. WALTER GRAFF
E.JosEPH LAFAvE
CARYN SCHERB GLovER
ALLEN D.BARxARD
GaEooaT D. SOULE
MINNEAPOLIS, MN 55402-4331
MART E.SHEAREN
RICHARD A.PETERSOx.
CATHY E. GOBLIN
-
CATHERINE J. COURTNEY
ROBERT J. CHRISTIANSON, JR.
PATRICK B.HENNESSY
TELEPHONE 16121 339-7121
KEITH J. NELSEN
FRANK J. WALZ
TIMOTHY A.SIILLTvAx
BARBARA M.Ross
FRANK VOGL
BaLSN F. RICE
TELECOPIER 16121 339-5897
TRACY F. KOCHENDORFER
MARINUS W. VAN PUTTER, JR-
DANIEL R.W. NELSON
JEANxIcK M.REDINO
DAVID B.MORSE
TRACY J. VAN STEENBURGH
-
SARAH CRIPPEN MADISON
JOHN A. BURTON, JR.
DAVID J. ZUBKE
ROBERT D. MAHER
JAMBS C.DIRACLES
STEVEN R.KRueER
DAVID H.JOHNSON
ROBERT L.MELLER,JR.
JAMES P. MICHELS
WILLIAM J. MORRIS
JUDITH A.R000sHESKE
PAUL E.KAMIxsKI
MICHAEL L.DIoos
- -
MICHAEL H. PINK
January 12, 1994 a
OF COUNSEL
JOHN R.CAaaoLL-
JAMES D. OLSON
ROBERT M.SKARE
ARCHIBALD SPENCER
WARD B. Lzms
JAxEs I. BEST
1oce-iow
ROBERT J. FLAxsoAN
1898-1974
9
Hubert H. -Humphrey, III�u
Attorney General j
102 Capitol Building ,
Aurora Avenue 4
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 S 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.
9
- �_
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.
PEK:kjd
cc Dwight Johnson, City Manager
Ken Rashke, Attorney General's Office
Paul Kaminski, Assistant City Attorney
PEK\AttGenA tr
400
RULES OF OMER §43. :& 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 of
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 aview
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,voteas any other member when the vote is by ballot
(see also p.408). In all other cases the presiding officer, ifa
member of the assembly, can (but is not obliged to) vote
whenever his vote will affect the result—that is; he can vote
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 block the attainment of the necessary two-thirds. In:
-'particular: ;-
On a tie vote, a motion requiring a majority vote for'. I
adoption is lost, since a tie is not a majority. Thus, if:.;
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 there
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.
'g• 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
r'J 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
Pc tie, on the principle that the decision of the chair can be
'reverse
d only by a majority.
W VOTING PROCEDURE
Rights and Obligations in Voting
VOTING RIGHTS OF A MEMBER IN ARREARS. A mem-
ber of a society who is in arrears in payment of his dues,
but who has not been formally dropped from the member -
'It should be noted that if, without the chair's vote, the number of negative
tvtcs is one more than half the number of affirmative votes, the chair's vote cannot
i fcct 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.
L `01-24-1994 16:44 612`339 5897 BEST&FLANAGAN V _ . `~.. _ , _ P.02 _
S
STATE OF MINNESOTA
« OFFICE OF T HR ATTORNEY GENERA, 3UITE t 1
Nt-'L TV W SA
January 24, 1994 "S 1.11NNEWTA STREET
1ii1� RT H. HUMPHREY III ST PAUL. MH ss.0t-200
ArR)RNtt:Y CLi10l^L TULEPHOHY• (611111YIh1ti
Mr. Robert L. Mailer, Jr.
'Plymouth City Attorney
BEST & FLANAGAN -
4000 First Bank Place
601 Second Avenue South
Minneapolis, MN 55402-4331
Dear Mr. Moller:
In your letter to our office you state that there is currently a vacancy on the Plymouth
City Council as a result of one council member having assumed the office of mayor. It is
anticipated that there may be a tie vote among the remaining council members upon the 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. && BLIQ Op. Atty, Caen. 471M December 27, 1977, You
seek our opinion concerning the action that should be taken in the event of a tie vote on the
appointment.
While we can appreciate the rationale suggested to permit the mayor to resolve the
deadlock, the authorities we have located in the time available do not appear to support that
result. As you note, Op. Atty. Gen, 471M March 2, 1962 (as well as the 1977 opinion) is
based exclusivaly upon the term of Minn. Stat. §412.02 subd. 2. That section, however, has
no application to any city which has adopted a home rule charter. Sj:�Q Minn. Stat, §412.016
(1992). Furtharmore, we are not aware of any other statute applicable to charter cities which
addresses the deadlock question. In such situations, prior opinions of this office have
concluded that the council, charged with the responsibillty of filling a vacancy in office, may
not redelegate that duty elsewhere.
For example, in Op, Atty. Gen, 63a-11, December 20, I966, we determined that, where
the St. Louis Park Charter required a mayoral vacancy to be filled by council, the council had
1. Section 2.07 of the charter provides in part:
When a vacancy occurs for a reason specified in clauses (d) through (i), the council must
promptly, by a resolution statin its findings, declare the vacancy to exist. When g
- -- - - --- L - - - - - -
until the next regular municipal election when the 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 deemed to have been
appointed for the unexpired term .. , (Emphasis added)
FHcolmili: (612) 161-5632 - TOM (612) 2%.1410 • Toll Free Linc: (800)657-3787 (Too or rotas)
An Equal Opportunity Emplover Who Values Diversity C3 Printed on 507 reeyeled plpper (15% post consumer conleno
..4w n
01-24-1994 16:44 612 339 5897 BEST&FLANAGAN P.03
_Robert L. Meller, Jr.
January 24, 1994
Page 2
no authority to permit the voters to decide on the replacement when the council could not
agree on an appointee. There we said:
Neither the above nor any other provision of the St. Louis park Charter authorizes the
city council to hold a special election when the council itself cannot agree upon an
appointment..
In the absence of statutory or charter authorization, public authority may not redelegate
its duties and responsibilities to the electorate.
alu Ops. Atty. Getz. 63a-11, January 4, 1966 (no authority to hold election); 63a-11
April 7, 1939 (mayor may not vote to break deadlock absent charter authority 63 a-11,
March 27. 1935 (no authority to call special election to breakdeadlock). The 1935 opinion
concluded: "The only suggestion that occurs to us is for the council to keep on balloting until
the 'deadlock' is broken."
We have not located any Minnesota cases which address the issue, the cases we have
reviewed from other states also decline to support use of alternative means to fill vacancies
when the responsibility has been given to a deadlocked governing body. egg, t'g, Foo eY.
Gaston Courity 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.
Thrrcforc, it is our view that the council itself must select an appointee.
I have enclosed, for your review, copies of our opinions which I have cited. I hope this
information is helpful to you. If yvu 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..o9
CITY a
PLYMOUTR
January 28, 1994
Mr. Virgil Schneider
11520 54th Avenue North
Plymouth, Minnesota 55441
Dear Virgil,
On January 24, 1994 the City Council appointed Sheryl Morrison to fill the Ward 2
vacancy created when Joy Tierney was elected mayor. While the'appointment process
went smoothly, it did highlight a point on which the Charter is silent: what is the
procedure to be used if the Council is deadlocked (in this case, 3-3) on the appointment of
an individual to fill the vacancy? The City Attorney opined that state statutes, which
would allow the mayor to appoint in case of a tie, would become operative. The Attorney _
General subsequently opined that this is not the case, and that the Council must decide.
At the request of Councilmember Lymangood, I have enclosed various pieces of
correspondence on this issue. However, this issue highlights a larger issue: when our
Charter is silent on any issue, do state statutues become operative or not? If the Attorney
General's opinion on filling a council vacancy holds for other questions as well, there will
be many governance problems created.
Several options are available to provide clearer guidance on this issue.
• Draft an amendment to the Charter clarifying that state statutues become operative
when the Charter is silent.
• Seek a remedy through legislation which would clarify that Charter cities fall under the
statutues if the Charter is silent on an issue.
• Seek guidance from the Attorney General on whether or not his opinion of filling a
council vacancy applies similarly to other issues where the Charter is silent.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
Since there is a general election in the fall of 1994, the Charter Commission could
draft an amendment to place before the voters at that time. This might also be an
opportunity to address some of the other issues discussed at the Commission's meeting
last month. However, should you wish to draft amendments and place these on the
November ballot, the Charter Commission would have to meet sooner than the annual
meeting scheduled for December 1994.
Please let me know if you need any further information. The City Attorney will be
studying this matter further in the coming weeks, and we will keep you informed. My
number is 550-5013.
Sincerely,
Kathy Lu keit
Assistant City Manager
Attachments
cc: Mayor and City Council
City Attorney Robert Meller
ROBERT L. CROSBY
LEO\ARD M.ADDINGTON
ROBERT R.BARTH
N. WALTER GRAFF
ALLEN D. BARNARD
RICHARD A.PETERSON
ROBERT J. CHRISTIANSON, JR
FRANK J. WALz
FRAxx VOGL
MARINUS W. VAN PUTTEN,JR.
DAVID B.MORSE
JOHN A.BURTON, JR.
JAMES C.DIRACLEs
ROBERT L.MELLER,JR.
JUDITH A.R000sHESKE
BEST & FLANAGAN
ATTOR?7EYS AT LAw
8=
D.ELLER
CHARLES C. BERQUIST
GEORGE O. LUDCKE
E.JOSEPH LAFAVE
GREGORY D. SOULE
CATHY E.GoRLIN
PATRICK B.HENNESSY
TIMOTHY A. SULLIVAN
BRIAN F. RICE
DANIEL R.W. NELSON
TRACY J. VAN STEENBURGH
DAVID J. ZUBRE
STEVEN R.KRUGER
JAMES P. MICHEES
PAUL E.KAMINSKI
4000 FIRST BA K PLACE
601 SECOND AVENUE SOUTH
MINNEAPOLIS,:61N 55402-4331
TELEPHONE ( 012 339-7121
TELECOPIER (6121 339-5897
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:
CINDY J. LABSGN
JOHN P. BOTLE
ROSS C.FORMELL
CARYN SCHERB GLOVER
MARY E. SHEAREN
CATHERINE J. COURTNEY
KEITH J. NELSEN
BARBARA M.Ross
TRACY F. KocHENDORFER
JEAN.%IcE M.REDING
SARAH CRIPPEN MADISON
ROBERT D. MAHER
DAVID H.JOHNSON
WIT .I.TAM J. MORRIS
MICHAEL L.DIoos
.MICHAEL H. PINK
4
vno,
0
OF COUNSEL
JOHN R.CARROLL
JAMES D. OLSON
ROBERT M.SKARE
ARCHIBALD SPENCER
WARD B.LEWIs
JAMES I.BEST
1002-1"6
ROBERT J. FLANAGAN
1808-1074
FED 3
1
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?
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 which better 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
Mr. & Mrs. David R. Anderson
1555 Juneau Lane North
Plymouth, MN 55447 �
February 2, 1994
Mr. Eric Blank
Director, Parks and RecreationCit3400 lymoof uthuBoulevard outheA OR
9 low
Plymouth, MN 55441_
li L
Dear Mr. Blank:
I would like to follow up our phone conversation of 2/2/94,
with some more clarification on the two points we discussed.
The first issue was regarding the Parkers Lake speedskating
oval and specifically the usage of the high-powered lights.
As you know, we live on Parkers Lake, and it was our under-
standing when those lights were installed that they were to be
on three selected nights per week for the use of the
speedskating club. This year these lights have been on almost
every night! In talking by phone to the warming house
attendants, they say they have no instructions or guidance on
when to use the lights. Your answer is that they are now to
use the lights whenever a skater wants to use the oval.
We strongly object! It is now 5:30 PM and still quite light
out. Sundown this evening began at 5:20PM, and it started out
to be one of God's beautiful treats. However, now the oval
flood lights are on and nature's beauty gets destroyed. By
the way, at 6:00 PM there are still NO SKATERS on the oval.
Having our home lit up every night for three months is very
irritating.
For your consideration:
1. Why do the taxpayers have to subsidize electrical costs
for a single skaters pleasure?
2. As taxpayers - all of us living on and around the lake -
we also should have some rights - such as serenity.
3. Plymouth does not own the Lake surface - in other words
the lights could be requested for other uses on the oval
such as ice fishing, sliding, cookouts, sculpturing, etc.
Who's to draw the line on what is good use of taxpayer
dollars?
The second question we discussed was why our lawn is being
used to dump snow, salt and gravel off the Parkers Lake Park
path. The snow blower operator seems to find it convenient
to blow the snow into our yard -from Juneau Lane and back
over the wall and fence -by as much as 50 feet in the front
yard. We were assured by Fred Moore several years ago that
this practice would be stopped. We find this a violation of
our property rights. Your attempt to pass the buck onto the
county was lame - unless the county is plowing the Park path
using a City of Plymouth snowblower.
Jackie and I have tried to be cooperative, patient and non -
combative neighbors to the city and the Park, but we really
do feel taken advantage of when you change the rules - such
as the lights and snowblowing. You may consider this letter
and my phone call a formal complaint. We expect some positive
consideration and an acceptable response.
sincerely
David R. Anderson
Jackie Anderson
DRA/jma
cc: Mr. Fred Moore,
City of Plymouth- Office of Mayor
Council Members
Marsha Videen - EPLIA
-) -
CITY OF
PLYMOU?FF
February 8, 1994
Mr. & Mrs. Douglas Epstein
5300 Norwood Lane North
Plymouth, MN 55442
SUBJECT: LOT 7, BLOCK 1, WINDRIDGE AT BASS LAKE 6TH ADDMON
Dear Mr. & Mrs. Epstein:
I received you letter dated January 26, 1994 regarding the determination made by
Building Official Joe Ryan in establishing the rear lot line of the above referenced
property.
The issue as I understand, is whether the east line of lot 7 be treated as a rear lot line,
or as a side lot line for setback consideration.
I have discussed this matter with Mr. Ryan, and concur with his interpretation of the
Zoning Ordinance provisions based on the following:
• At the August 14, 1985 Planning Commission Meeting, the developer requested
that they be able to establish the rear yard areas for Lots 6 and 7 to avoid any
confusion when applying for building permits. By unanimous vote, the Planning
Commission recommended approval for the final plat and changed Condition #6 of
the Staff Report to read: "No yard setback variances are granted or implied with
the exception of Lot 6 for a 25 foot rear yard setback to be measured from the
easterly lost line. "
On August 26, 1985 the City Council approved Resolution #85-637 which set forth
conditions related to the final plat for Windridge at Bass Lake 6th Addition. Item
#6 of that Resolution states in part "No yard setback variances are granted or
implied with the exception of Lot 6 which shall provide a 25 foot setback to the east
property line. "
The Plymouth Zoning Ordinance defines a rear lot line as: That boundary of the lot
which is opposite the front lot line. A front lot line is defined as that boundary of
the lot which abuts an existing or dedicated public street.
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
By applying these definitions of the Zoning Ordinance, the north boundary line of
Lot 7 which abuts Norwood Lane North would be considered as the front lot line,
and the south boundary line which is "opposite the front lot line", would be
considered the rear lot line.
It is my opinion that both the Planning Commission and Plymouth City Council
recognized the potential setback constraints of the property due to the unique
characteristics associated with the lot configuration and limitation in buildable area.
Based on the developers request, they approved a resolution establishing.a rear yard
setback for Lot 6. No such provision was included for Lot 7. Therefore, the
definitions and setback requirements stated in the Ordinance must be applied.
In summary, the determination made by Mr. Ryan in designating yard setback
purposed appears to comply not only with the Zoning Ordinance definitions, but also
with the intent of the condition set forth in the Resolution approved by the Plymouth
City Council.
You may appeal our administrative decision to the Board of Zoning Adjustments and
Appeals, if so desired. I have enclosed copies of various application materials which
outline the information required to pursue this. Please be advised that there is a $99.00
non-refundable filing fee. If you wish to appeal our decision, you will need to submit
your application materials to our office no later than February 18, 1994 to be on the
agenda for the March 8, 1994 Board of Zoning Adjustments and Appeals meeting.
If an appeal request is not received within the time frame indicated we will understand
that you are not appealing our decision and will administratively process a submitted
building permit application accordingly.
Please contact Building Official Joe Ryan at 550-5031 should have any further
questions.
Sincerely,
Anne Hurlburt Joe Ry n__
Community Development Director Building Official
cc: M/M Thomas Kroll
MIM Pat Stapleton
MIM Logan Logendren
File
windrdg.doc
January 26, 1994
Anne Hurlburt
Director of Community Development
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Ms. Hurlburt:
. A- Vic,
I recently visited with several members of your planning staff. They were very courteous
in answering questions and invited a letter regarding our concerns on a zoning matter.
Our issue: We believe that the east line of lot 7 (shown on the map) should be
considered the rear rather than the side for setback purposes.
Lot 7 of Block 1, Windridge at Bass Lake, 6th addition (5305 Norwood) is an
undeveloped lot that adjoins us. It is a large, multi -sided lot. However, only a small
portion of the lot is buildable and the rest is in a protected wetland.
Our concern is the decision of your staff regarding which side of that lot is to be the rear
side. Mr. Ryan of your staff explained that determining the sides of a multi -sided lot does
not follow an exact formula. He also said that the original decision to make the east line
as a side with only 10 foot setbacks instead of a rear with the longer setback was done
"for the sole benefit of the developer."
We believe that zoning ordinances are designed and should be enforced for the benefit
of the neighborhood, not a single lot. Therefore, we believe this decision is wrong and
should be reviewed. Several technical reasons for review include:
1. A nice home can be built even if the east line has the 25 foot setback required of
a rear line.
2. The neighboring parcel (lot 6) is very similar to lot 7, so lot 7 should share similar
zoning decisions. (Lot 6 already has a home on it and the east line is the rear
side.)
a) Both lots have a front at the same spot.
b) Both lots will share the same driveway for 200 feet.
c) Both lots are multi -sided.
d) Both lots share the same east line as extended across both lots.
e) Both lots could easily and logically share the same east line as the rear side
of their respective lots. In lot 6, the east line is the rear line.
The east line is defined as a rear line for lot 6 in the original plat. This would indicate that
a setback was in order and not a discretionary item for staff. Since the same neighbors
will also abut the rear of lot 7, it makes sense for the staff to continue this precedent for
the benefit of the neighborhood even if it is not required in the plat.
3. Mr. Munson of your staff told Mr. Kroll by telephone in 1992 that the east line was
the rear of the lot.
4. Mr. Munson's oral statement was only recently changed by Mr. Chris Land to
make the east line a side.
Left as is, the developer has plans (according to your staff) of placing the house 10 feet
from the east line. It seems unreasonable to us that one of the largest lots in this part of
Plymouth would need to have the home placed 10 feet from the neighbor's lots for the
sole benefit of the developer.
We appreciate your consideration of this matter.
Sincerely,
)17w,11,444011,351- iY35,
Mary Kroll Thomas Kroll (Lot 4, Block 3, Larch Heights Lagoon)
5325 Larch Lane, Plymouth, MN 55442
Pat Stapleton Jill Stapleton Lot 5, Block 3, Larch Heights Lagoon)
5315 Larch L ne, m uth, MN 55442
ogan ogen ran Mary Logendran (Lot 2, Block 1, Pine Ridge at Bass Lake
12310 5 Ave N, Plymouth, MN 55442
.ist 1 Douglas Epstein (Lot 6, Block 1, Windridge at Bass Lake, 6th Add
300 No ood Lane, Plymouth, MN 55442
cc: John Edson
Carole Helliwell
Chuck Lymangood
Kevin Gray - Donahue-Rajowski
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Commissioner Wire i uired about the lan caping on the west
side and stated hat the transition and screening to the
building face is not adequate. Rick thre, Sathre-
Beraquist, ated that fi%e 20 ft. Colora Spruce trees
will be p vided to soften the building fron to the resi-
dential rea, and they are committed to p viding this
screen.ino. Coordinator MicConn verified that thi oas direc-
tion given at the time of approval for the Prelim ary Plat.
MOTIOM by Commissioner Stulberg, seconded by Co, ssioner
Plufka to recommend approval for the RP'JD Final P n/Plat
and Site Plan Re -affirmation for Parkside at Medicine Lake,
subject to the conditions as stated in the August 1, 1955
staff report.
riy ■n.i1u� n • ri�.u. r �....
LAKE (A-338)
MOTION TO APPROVE
VOTE. 6 Ayes. MOTIOtt carried. VOTE -MOTION CARRIED
Chairman,Stelgerwaid introduced the next' Item. Heading or
the=,duly
29s, 19S5 staff report was waived.
Codmissioner.Wire Inquired -about the buildable area on -Lots
:6:and The setbacks were discussed for Lots 6, 79
and 8,
tnat"..:Lots 6 and 7 woulT have a shared drive. Commis-
�r L stoner wire inquired' about soil. borings. .
{, �llikePflaunl,: Lundgren Brothers -Construction Company stated
U, that''Aesdid•.not realize the yard setback standards in a SUP
� is
wereditferent from the present Ordinance standards. He re -
be able to establish the rear yard areas
vjutorslots6: and 7: so there is no contusion .when they apply
foc Buildir4 Permits.
s
t F T
1111 ' Ci .�`�tti^�.. rw .. -i �3 i' t � � •; e� -
.. z_+: s4
1_t:.3.y� 1■ 7:w.
CONSTRUCTION CO.
}in
FINAL PLAT FOR:,
•INDRIDGE AT BASS
LAKE 6TH ADDITION
(85049)
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MOTION TO APPROVE
VOTE MOTIOM CARRIED " r .
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Minutes. '
�PlanningCoariiission'
' NOTr0ft by: Commissioner'•.Stulberg, seconded by Commissioner
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a Pxutka to recommend approval ;for the,.Final Plat for
Riitge'at Bess .lake•. 6tA 'Addltion". aubject to the` conditions
tiri T• . •r
as:statied oiri' the :,staff <report„,changing` Condition No. 6 to
teaQ,;"No,'yard: setback variances ``'Are, granted or implied
�y
.....Wit Lhaf exception of lot 6 -.for.. a '25 ft ::rearyard setback
bei measured from the easterly lot line.
;rtQ
Yote:76 Ayes.. NOTION Carried.
om Ri15IwssON
`
discussed upcoming business items and the HRA
_
,ThC,Commission
��• Size�Plan:3'
r'`'_
AWOUMDUff
'LAT
Meeting adjourned at 10:10 P.M -
INE;
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MOTION TO APPROVE
VOTE MOTIOM CARRIED " r .
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Mr
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CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a Special meeting of the City Council of
the City of Plymouth, Minnesota, was held onthe day of August 1985.
The following members were present: Mayor Davenpor ouncilmembers Crain,
Schneider and Vasiliou
The following members were absent: Councilmember Nells
Councilmember Crain introduced the following Resolution and moved its
adoption:
RESOLUTIO14 NO. 85-637
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR WI11D
RIDGE AT BASS LAKE 6TH ADDIT1014 FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY, INC.
(85049)
WHEREAS, the City Council has approved the Final Plat and Development Contract for
Wind Ridge at Bass Lake 6th Addition as requested by Lundgren Brothers Construction
Company, Inc.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the following to be met, prior to re-
cording of, and related to said plat:
1. Compliance with the City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication In accordance with City Pol-
icy in effect at the time of filing the Final Plat.
3. No Building Permits shall be issued until a Contract has been awarded for the con-
struction of municipal sewer and water.
4. Removal of all dead or dying trees from the property at the owner's expense.
5. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
6. No yard setback variances are granted or implied with the exception of Lot 6 which
shall provide a 25 ft. building setback to the east property line. Setbacks shall
be 35 ft. front yard; 10 ft. sideyard and 20% of lot rear yard depth.
7. Submittal of required utility and drainage easements as approved by the City Eng-
ineer prior to filing the Final Plat.
PLEASE SEE PACE TWO
d`+...u;r,,r .+. wt erffr'ayYPka4,Swv V. ° r,!t^Ye
to �� ✓t'.� Y �4u•®...t�'„+1 r ..� ,t i�+:�,�:.
iia � ct� 'L •._ � � t .. ! -
'Page two
Resolution No. 85- 637
8. No Building Permits to be issued until the Final Plat is filed and recorded with
Hennepin County.
9. Appropriate legal documents regarding use of a shared drive for Lots 6 and 7, as
approved by the City Attorney, shall be filed with the Final Plat.
10. Building permit applications for Lots 6 and 7 shall include information to
demonstrate construction responds to soil conditions of this site, subject to
approval by the Building Official.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Schneider , and upon vote being taken thereon, the
following voted in favor thereof:Mayor Mvenport, Councilmembers Crain,
Schneider and Vasiliou
The following voted against or abstained: none
Whereupon the Resolution was declared duly passed and adopted.
a
PLYMOUTH ZONING ORDINANCE
Section 4, Subdivision B
w case of lots on the turning circle of cul-de-sac, where the 80 percent
requirement may be waived.
Lot Lines -- The lot boundary limits. When a lot line abuts a street, avenue,
park or other public property, except an alley, such line shall be known as
a street line, and when a lot line abuts an alley, it shall be known as an
alley line.
Lot Line, Front -- That boundary of a lot which abuts an existing or dedicated
public street.
Lot Line, Rear -- That boundary of a lot which is opposite the front lot line.
If the rear lot line is less than ten (10) feet in length, or if the lot
forms a point at the rear, the rear lot line shall be a line ten (10) feet
in length within the lot, connecting the side lot lines and parallel to the
front lot line.
Lot Line, Side -- Any boundary of a lot which is not a front lot line or a rear
lot line.
Lot of Record -- A lot which is a part of a subdivision, the map of which has
been recorded in the office of the Register of Deeds and on file with the
County Finance Division, or_a lot described by metes and bounds, the deed
to which has been recorded in the office of the Register of Deeds at the
time this Ordinance is adopted. (Amended Ord. No. 85-07)
i Lot, Through -- An interior lot which abuts a street on two sides, typically at
the front and rear lot lines. (Amended Ord. No. 85-07)
Manufactured Home -- (Class I) - A structure, transportable in one or more
sections which in the traveling mode is eight body feet or more in width,
or forty body feet or more in length, or, when erected on a site, is 320 or
more square feet; which is built on a permanent chassis and designed to be
used as a dwelling with a permanent foundation, unless otherwise
specifically provided by this Ordinance when connected to the required
municipal utilities; and which includes the plumbing, heating, air
conditioning and electrical systems contained therein; except that, the
term includes any structure which meets all the requirements, with respect
to which the manufacturer voluntarily files a certification, required by
the Secretary of the Federal Department of Housing and Urban Development,
and which complies with the standards set forth in Minnesota Statutes
327.31 to 327.35. Manufactured Homes are subject to the requirements of
the "Manufactured Home Building Code" as set forth in those statutes and in
the "Rules for Manufactured Homes" set forth in 2 MCAR 1.90100 through
1.90900. Class I Manufactured Homes shall have a minimum width of 22 feet,
as measured at the narrowest dimension when located on an appropriate site
as provided by this Ordinance. Manufactured Homes are subject to the
requirements and standards set forth in this Ordinance as to location,
foundations, and standards for residence districts. Manufactured Homes for
purposes of this Ordinance do not include "recreation vehicle" or "modular,
prefabricated, and manufactured buildings and structures" as defined in
this Section. (Amended Ord. No. 82-26)
Manufactured Home -- (Class II) - A structure of less than 22 feet width as
4-10
NEWS RELEASE
FOR-IMMEDIATE.RELEASE
CONTACT: Jeff Syme
229-2109
PUBLIC INPUT SOUGHT ON DEVELOPMENT
OPTIONS FOR TWIN CITIES SEWER.SERVICE
(Editor's note: Three public information meetings will be
held in February regarding sewer service development options in
the Twin Cities. The meetings are: February 22, 7-9 p.m. at Inver
Grove Heights City Hall; February 23, 2-4 p.m. at Mears Park
Centre, 230 E. Sth St., St. Paul; and February 23, 7-9 p.m. at
Minnetonka City Hall. For more information, call 229-2100.)
ST. PAUL, February 7, 1994 -- The Twin Cities region is
expected to grow by 600,000 residents over the next three
decades. That means more homes, more businesses and more
wastewater (sewage). And more wastewater will require more
treatment capacity at area wastewater treatment plants.
While not a glamorous subject, the question of wastewater
treatment capacity is critical to developing cities and is
important, literally, to the health of the entire region.
A two-year, $1.3 million study of future sewer service
options is currently underway by the Metropolitan Waste Control
Commission (MWCC), which owns and operates the regional
wastewater collection and treatment system in the Twin Cities.
The central question to be addressed is this: Should
existing treatment facilities be expanded to accommodate the
projected growth, or should some new treatment facilities be
built? If so, where?
Although decisions will eventually be made by the MWCC and
the Metropolitan Council, public input is a critical component in
Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul. MN 55101 612 222-8423
Page two
the decision-making process. The MWCC has scheduled three public
information meetings in February to present results of the study
and take comment on the alternative solutions proposed.
Dates and times for the public information meetings are:
• February 22, 7-9 p.m. at Inver Grove Heights City Hall,
8150 Barbara Avenue, Inver Grove Heights.
• February 23, 2-4 p.m. at the MWCC Central Office, Mears
Park Centre, 230 E. 5th Street, St. Paul.
• February 23, 7-9 p.m. at Minnetonka City Hall, 14600
Minnetonka Boulevard, Minnetonka.
Developing a long range plan now is important because it may
take more than 10 years to plan, design and build a major
wastewater treatment plant. The study looks almost 50 years into
the future, to the year 2040, to project sewer service needs and
alternatives for the expanded Twin Cities area.
Alternative solutions
The study, carried out under MWCC's direction by consulting
engineers Metcalf & Eddy, has been conducted in two phases. In
Phase I, basic information for projecting future sewer service
needs was assembled and analyzed. Some 64 alternatives were
identified for initial screening and study. From among that
group, six long range options were selected for detailed analysis
in Phase II.
The final six options differ in the service areas for the
Metropolitan Plant in St. Paul, the Cottage Grove Plant and the
Rosemount Plant. One option considers a new North Regional
Wastewater Treatment Plant in Fridley, while another considers a
new Southeast Regional Wastewater Treatment Plant in Southern
Washington County or Dakota County south of Hastings. In all
options, the Chaska Plant is scheduled to be phased out and the
flow diverted to the Blue Lake Plant in Shakopee. MWCC's other
core plants (Empire, Hastings, Seneca and Stillwater) may be
expanded over time but are not significantly altered.
Page three
Option favored
.Although the, selection process has not been completed, the
option favored by the.MWCC includes a new Southeast Regional
Wastewater Treatment Plant in southern Washington County. One
possibility is a relatively modest plant that would handle 12.3
million gallons per day (mgd) to serve Cottage Grove, Rosemount
and eastern Woodbury. Another possibility is a larger 21.5 mgd
plant that would also provide service to Inver Grove Heights,
Newport, South St. Paul and St. Paul Park.
The final report is expected in the spring and will be sent
to the Minnesota Pollution Control Agency for consideration by
July 1. For more information, call Pauline Langsdorf of the MWCC
at 229-2100.
- end -
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: February 10, 1994
TO: Mayor and City Council
FROM: Dwight D. Johnson, City Manager
SUBJECT: Summary of Events
Land Acquisition in Northwest Plymouth. Meetings between School District 284
representatives and Mr. Scherber, owner of about 130 acres north of the Soo Line and
west of Peony Lane, have been more productive than expected. The City and the
School District are working on a coordinated purchase of land totaling about 160 acres
for a possible new high school and future City play field and open space site. If Mr.
Scherber comes down in his price a little more, he will be within range of our
appraisals of the value of the land. We had thought it probable that condemnation
would be necessary until this most recent report on negotiations from the School
District. A School Board member has apparently asked if the new High School could
possibly be located near the new Library, or if the Library could possibly move to be
near the new High School. We have answered that there is not nearly enough room in
Downtown Plymouth for a High School, and that the Library is set at its location and
that we should not disturb our long awaited success on getting a Library started.
Cavanaugh Property. The City originally condemned land at the northeast corner of
Highway 55 and Vicksburg owned by Mr. Cavanaugh. The City valued the land at
about $600,000 while Mr. Cavanaugh valued the land at over $1.4 million. Both sides
appealed the original award of $963,000. A pretrial conference was held last Monday.
Mr. Cavanaugh offered two settlements: one amounting to paying him $1 million while
he retained the east half of the land, the other paying him $1.6 million for the whole
parcel. These offers were clearly unacceptable to us. Trial is expected in May.
City Health Insurance. We just received word today that our health and dental
insurance premiums for this next year (beginning April 1) are not expected to increase
at all, and may decrease. This may change our bargaining approach and makes a
percentage allocation of health insurance increase a much better deal in the short run.
As I noted last week, our present percentage contribution is about 74 %.
A new hockey arena is being planned by the Wayzata Hockey Association. Eric and I
met with a representative this week who indicated that planning is underway for a $2
million facility to be located in Wayzata on the Wayzata/Orono border near the
Wayzata Country Club. They are planning on a major fund-raiser within the next year.
Our District 284 area is served by the Wayzata Hockey Association. The facility
would be for youth hockey, and would not have seating or parking for high school
hockey.
Widening of Rockford Road from I-494 west is now a priority project for Hennepin
County for 1995 construction. They want the City to consider its design comments as
soon as possible so that the County can begin preliminary design. We understand that
right-of-way and some homes may need to be bought by the County. The City has
been asking for this project for some time, but we were surprised to hear that the
project is possibly coming this soon. We will try to schedule some time at one of the
next study sessions to discuss this with you in more depth.
Staff Communications. You might be interested to know that I met with all of the
City's supervisors yesterday to update them on issues and ask them for advice on
questions. We have been meeting about quarterly, but we are now going to meet as a
whole group every first Tuesday of each month. I am now meeting with Department
Directors twice a week (Tuesdays and Thursdays) instead of once a week. We will
soon be putting out another newsletter to all employees (The Outbasket). Finally, we
are going to poll all employees on what changes they would like, if any, in our
quarterly chat sessions that we have traditionally held with them. The idea for the poll
came from the Supervisors meeting.