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Council Information Memorandum 01-27-1994
JANUARY 27, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR JANUARY: JANUARY 27 6:00 P.M. BOARD & COMMISSION INTERVIEWS Council Conference Room ------------------------------------------------------------------------------------------------------- JANUARY 31 5:30 P.M. COUNCIL STUDY SESSION (Closed Session) City Manager Evaluation Council Conference Room 6:00 P.M. BOARD & COMMISSION INTERVIEWS Council Conference Room ----------------------------------------------------------------------- 2. HRA - TUESDAY, FEBRUARY 1, 7:00 P.M., City Council Chambers. Agenda attached. (M-2) 3. WATER QUALITY COMMITTEE -- TUESDAY, FEBRUARY 1, 7:00 P.M., Council Conference Room. Agenda attached. (M-3) 4. FIRE & ICE FESTIVAL -- SATURDAY, FEBRUARY 5, Parkers Lake Park. The City press release listing the day's activities and events is attached. (M-4) 5. METRO MEETINGS -- The weekly calendar of meetings and digest of activities for the Metropolitan Council and its advisory commission is attached. (M-5) 6. MEETING CALENDARS - The City Council calendar for the upcoming six weeks, and City Center meeting calendars for January - March are attached.. (M-6) CITY COUNCIL INFORMATION MEMO January 27, 1994 Page 2 .... .... ::: >' »> 1. MINUTES: a. Park & Recreation Advisory Commission, January 13, 1994. (I -la) b. Board of Zoning, Adjustments and Appeals, January 11, 1994. (I -lb) c. Planning Commission, January 12, 1994. (I -lc) d. Robbinsdale School Board, January 3 and 10, 1994. (I-ld) e. Suburban Rate Authority, January 19, 1994. (I -le) 2. PLYMOUTH CITY BRIEFS -- The January 25 Plymouth City Briefs is attached. (I-2) 3. METRO VOICE -- The attached publication from the Metropolitan Council reports on activities of the Metropolitan Council and issues of regional interest. (I-3) 4. CITIES BULLETIN -- A copy of the January 21, 1994 issue is attached. (I-4) 5. MEETING NOTICES: a. Public Information Meeting notice from Metropolitan Waste Control Commission on the Centralization/Decentralization Study results for expanding and upgrading the MWCC's plants and interceptor system through the year 2040. Three meetings are scheduled with the closest meeting for Plymouth at the Minnetonka City Hall, on Wednesday, February 23, 7:00 - 9:00 p.m. (I -5a) b. Public Meeting notice from Metropolitan Council on the Metropolitan Agencies Consolidated Financial Report. The report is a biennial report to the Minnesota Legislature that provides consolidated financial information about seven metropolitan agencies including the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Waste Control Commission, Metropolitan Transit Commission and Regional Transit Board. The meeting will be held Thursday, February 3 in the Metropolitan Council Chambers. (I -5b) 6. HOUSING PERMITS -- The attached article on 1993 new home construction permits appeared in the January 24 Star Tribune. Plymouth ranked third in the year-end stats with 613 residential permits at an estimated value of $95 million. (I-6) 7. MEMOS & CORRESPONDENCE: a. Letter from Dennis Zylla resigning from the Planning Commission effective January 31, 1994. (I -7a) b. Letter from Jeanne Weigum, Association for Nonsmokers -Minnesota, providing information on the City of Brooklyn Center's ordinance banning most cigarette advertising from stores. If Councihnembers have interest in this matter, I have additional information from Ms. Weigum available. (I -7b) CITY COUNCIL INFORMATION MEMO January 27, 1994 Page 3 c. Letter from District Court Judge Kevin Burke on the Acceptance of Appointment and Oath of Office from Robert Sipkins. (I -7c) d. Letter from Russell Freed, Property Manager, R. L. Johnson Company, to Mayor Tierney regarding the City's Sign Ordinance. (I -7d) e. Press release from PRISM (People Responding in Social Ministry) on the relocation of the agency's offices. (I -7e) f. Letter from Susan Nelson, Executive Director, West Suburban Mediation Center, providing a fourth quarter report for residents, businesses or city staff of Plymouth. (I -7f) g. Memo from Eric Blank regarding Parkers Lake milfoil treatment. (I -7g) h. Letter from Chuck Winkelman, President, League of Minnesota Cities, concerning nominations for the 1994 C. C. Ludwig Award and League of Minnesota Cities Leadership Award. The application form is on file the City Manager's office for review. (I -7h) Dwight D. Johnson City Manager 1. Call to Order 2. Approval of December 7, 1993 Minutes 3. Senior Housing Interest Questionnaire Results 4. Rent Subsidies for Plymouth Towne Square 5. Admission and Occupancy Policies/Plymouth Towne Square 6. Additional CDBG Funding Allocation for FY 1994 7. Nomination and Election of Officers 8. Year End Status Reports 9. Information Items a. Letter from Russell & Vivian Smith b. Letter from Grace Norris C. CHAS Annual Performance Report for Fiscal Year End 9/30/93 10. Other Business 11. Adjournment (hra0118) M-3 AGENDA WATER QUALITY COMMITTEE MEETING NO. 24 February 1, 1994 7:00 P.M. I. Report on Bassett Creek Watershed Commission's policies on funding projects. II. Continued discussion on wetland setbacks and buffer strips including purpose of a wetland setback ordinance. III. Review of Committee charge. FOR IMMEDIATE RELEASE January 14, 1993 FOR MORE INFORMATION Mary Bisek, 550-5132 PLYMOUTH FIRE AND ICE FESTIVAL SET FOR FEBRUARY 5 A free day of family fun is in store at the 6th Annual Plymouth Fire & Ice Festival on Saturday, February 5, 2 p.m. - 7 p.m., at Parkers Lake Park, County Road 6 and Niagara Lane. Enjoy hayrides, children's activities, music, dog sled demonstrations, novice skating races, ice sculpture, kite flying and ice surfing demonstrations, snow bowling, frisbee golf, country western line dancing instruction, miniature golf, a hockey shoot, celebrity guests, and much more. Festival goers can keep warm around a bonfire as they make s'mores, or they can enjoy hot chocolate and brats at the Parkers Lake Pavilion. "Winter isn't a time to stay inside. This is wonderful community winter event because it gives us all a chance to get out and enjoy the season," said Recreation Superintendent Mary Bisek. She estimates that over 5,000 turned out for the event last year. The City of Plymouth and area civic and business groups are sponsoring the Fire and Ice Festival. More than 100 volunteers will work at this event. -30- METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and six regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit Commission, Metropolitan Waste Control Commission and Regional Transit Board. Meeting times and agendas are occasionally changed Questions about meetings should be directed to the appropriate organization. 8 DATE: Jan. 21, 1994 or WEEKS OF: Jan. 24 -Feb. 4, 1994 �xs 9 2 ,1.0192 METROPOLITAN COUNCIL -� Committee of the Whole on Regional Blueprint - Tuesday, Jan. 25, 4 p.m., Room 2A. Library Study Advisory Committee - Wednesday, Jan. 26, 4 p.m., Room 1A. The committee will hear a staff update on the capital expenditures survey, and will discuss goals for the future role of libraries and library systems. Metropolitan Radio Systems Planning Committee - Thursday, Jan. 27, 9 a.m., Chambers. The committee will consider: final cost data for report; adopt final report with recommendations for Council action; adopt legislative recommendations; and decide next steps for committee. Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, Jan. 27, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Jan. 27, 4 p.m., Chambers. The Council will consider a Shakopee/Chaska interceptor cost-sharing agreement and Metropolitan Waste Control Commission (MWCC)1992-2010 Implementation Plan eighth amendment for Chaska interceptor project; adoption of legislative positions; Shakopee lift station and forcemain, 11th amendment for the MWCC implementation plan; an Andover comprehensive plan amendment for a 235 -acre metropolitan urban service area expansion request; and other business. Committee of the Whole - Thursday, Jan. 27, immediately following the Council meeting, Chambers. The committee will discuss the Fully Developed Area Study; the Farmington/Empire Township annexation; legislative position summaries; 1995 proposals to the Legislative Commission on Minnesota Resources; the Metropolitan Airports Commission's 1994 capital improvement program; amendments to the 1994-96 Transportation Improvement Program for Intermodal Surface Transportation Efficiency Act (ISTEA) projects; and the 1994 solicitation package for various federal transportation funding projects. Preview of the Regional Blueprint for Former Council Members - Thursday, Jan. 27, 6 p.m., Chambers. Advisory Committee on Aging - Friday, Jan. 28, 9 a.m., Chambers. The committee will hear an update on, and discuss, the Generations Project. Airport Contingency Assessment Advisory Committee - Friday, Jan. 28, 10 a.m., Room 2A. The committee will review its draft report. Legislative Coordinating Group - Friday, Jan. 28, Noon, Room IA. TENTATIVE MEETINGS THE WEEK OF JAN. 31 Chair's Informal Breakfast Meeting with Council Members - Tuesday, Feb. 1, 8 a.m., Poulet's, Minneapolis. Minority Issues Advisory Committee - Tuesday, Feb. 1, 4 p.m., Chambers. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, Feb. 2, 9 a.m., Chambers. Metropolitan Council Chair's Informal Meeting with Council Members - Thursday, Feb. 3, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Feb. 3, 4 p.m. Chambers. Committee of the Whole - Thursday, Feb. 3, immediately following the Council meeting, Chambers. PUBLIC MEETING/Metropolitan Agencies Consolidated financial Report, 1992-1997: as part of the Committee of the Whole meeting - Thursday, Feb. 3, immediately following the Council meeting, Chambers. Legislative,Coordinating Group - Friday, Feb. 4, 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 Legislative Committee - Monday, Jan. 24,2:30 p.m., Room A. The committee will discuss legislative initiatives for 1994; Minnesota Public Transit Association; other interested groups; overview of the 1993 and 1994 Vision for Transit; review of the joint meeting with the Metropolitan Council; and other business. Regional Transit Board - Monday, Jan. 24,3:30 p.m., Chambers. the board will discuss appointment of standing committee chairs and members; appointment of chair and litigation committee; annual election of board officers; November 1993 financial statements; Anoka County Traveler 1994 contract amendment; Metropolitan Transit Commission federal grant applications; contract for Brookdale Transit Hub preliminary engineering; North Suburban Lines 1993 contract amendment; and other business. Policy Committee - Monday, Jan. 24, 4 p.m., Chambers. The committee will discuss Minnesota Valley Transit Authority capital funding request; comments on Central Corridor alternatives analysis/draft environmental impact statement; Americans with Disabilities (ADA) paratransit eligibility field test of draft functional ability survey; public meetings for ADA eligibility certification; 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 SPORTS FACILITIES COMMISSION Capital Improvements Committee - Tuesday, Jan. 25, 2 p.m., commission office conference room. The committee will approve bids and award contracts for a fan controls modification project and outfield fence replacement, and continue discussion on west -side expansion concepts. Metropolitan Sports Facilities Commission - Wednesday, Jan. 26, 9:30 a.m., commission office conference room. The commission will hear committee reports from the Capital Improvements and Finance Committees. This will include an update on the Target Center and request -for -proposals regarding the Met Center. The commission will also conduct other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. Meeting times and agendas occasionally must be changed. To verify meeting schedules and agenda items, please call Tamra Sharp, 335-3310. METROPOLITAN TRANSIT COMMISSION Transit Development Committee - Tuesday, Jan. 25, 4 p.m. The committee will consider approving and recommending the following: soliciting bids/proposals for bike lockers; a card -access security system; remodeling and improvements to the MTC police department facility; a construction manager; a heating and air-conditioning system upgrade at the Shingle Creek facility; provision of bus batteries; and an upgrade to the human resources information system- The committee will also consider: purchase of skid steer loaders and one -ton vans; a park -ride lot agreement with Brooklyn Center and a Dinkytown bypass; contract awards for buses and transmission fluid; setting dates for public hearings on proposed service changes; and applying for FTA grants to fund Hwy. I-394 transit facilities and training programs. The committee will also receive the report of the consultant commission to conduct an evaluation of the Snelling Facility. Metropolitan Transit Commission - Tuesday, Jan. 25, 4:30 p.m. The commission will consider authorizing bids for engine oil and a card -access security system; an agreement with Brooklyn Center for a park -ride lot; and setting public hearing dates on proposed service changes. The commission will also discuss aspects of a proposed policy on advertising on MTC properties and will consider adopting the policy. The commission will also consider ratifying the reorganization and elimination of the position of assistant chief administrator for transit development and will further consider amending the commission bylaws. 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 Workers Comp - Tuesday, Jan. 25, 10 am., Room 1, 6th floor, Mears Park Centre. The Metropolitan Waste Control Commission is located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. For more information, call 222-8423. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, Jan. 25, 4 p.m., Chambers. The committee will discuss a dock easement acquisition grant request for Hyland -Bush -Anderson Lakes Park Reserve; a Long Lake Regional park boundary amendment; regional parks legislative initiatives for 1994; and other reports and business. Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agenda must occasionally be changed. To verify meeting schedules or agenda items, call 291-6602. r2) CITY CENTER MEETINGS T 1 r% r% A *REVISED MEETING ** NEW MEETING 1/26/94 4N CITY CENTER MEETINGS T `REVISED MEETING "` NEW MEETING 1/27/94 3 r� CITY CENTER MEETINGS March 1994 C� 13 7 14 )20 121 Spring begins .00 P 127 28 -------- "'I Tuesday Wednesday Thursday Friday Saturday i 8 9 10 11 7:00 PNI BOARD OF :00 PM FINANCIAL :00 PM PRAC ZONING ADVISORY COMMITTEE :00 PM PLANNING COMMISSION 15 16 17 18 7:00 PM HRA :00 PM PACT 22 23 24 25 :45 PM PLANNING FORUM :00 PM PLANNING COMMISSION 29 30 31 12 19 WNCIL STUDY m S M T W T F S S M T W T F S 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 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 1/26/94 b City Council Weekly Planner rp) January 30 -March 12, 1994 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 30 Jan 31 Feb 1 Feb 2 Feb 3 Feb 4 Feb 5 :30 PM SfiI? :00 PM "HRA FIRE & ICE FESTI- SES•S)t©N Ses�on"* :00 PM WATER VAL - Parkers BQAR]D& QUALITY Lake Park LMC Conference for _PM MCMiSSION COMMITTEE Newly Elected N`I S• - Officials - Sheraton Inn Midway, St. Paul - 7:I5 a.m. Water Lake & Wetland Conf.- Sr.Cloud Feb 6 Feb 7 Feb 8 Feb 9 Feb 10 Feb 11 Feb 12 5.30 PM COUNCIL :00 PM FINAN- � ," CIAL ADVI- [:00PMPRAC SORY COMMITTEE Feb 13 Feb 14 Feb 1 S I Feb 16 Feb 17 Feb 18 Feb 19 16:00pM",CQVNCff;1�:00PMHRA :00 PM PACT Feb 20 Feb 21 Feb 22 Feb 23 Feb 24 Feb 25 Feb 26 President's :45 PM PLAN - Day - City Offi- NING FORUM CeS Closed :00 PM PLANNING 11nne11rleernwr Feb 27 Feb 28 Mar I Mar 2 Mar 3 Mar 4 Mar 5 �'M COUl�t PRECINCT CAU- .__..... CUSES - 7 P.M. Mar 6 Mar 7 Mar 8 Mar 9 Mar 10 Mar 11 Mar 12 00 PM GACJN ' ' CIL'MEETING ` :00 PM BOARD OF ZONING :00 PM FINAN- CIAL ADVI- SORY COMMITTEE :00 PM PRAC :00 PM PLAN- NING COMMISSION "Revised Meeting "New Meeting 1/27/94 MINUTES OF THE PARK AND RECREATION ADVISORY COMMISSION MEETING January 13, 1994 _ Page 1 PRESENT: Chair Anderson, Commissioners Burk, Gutzke, Mikula, Wahl, Watson; staff Bisek, Blank and Pederson, Planning Commissioner Witt ABSENT: Commissioner Johnson 1. CALL TO ORDER The meeting was called to order by Chair Anderson at 7:05 p.m. in the Council Chambers. Director Blank stated that PRAC needed to elect a Chair and Vice Chair for 1994. Chair Anderson indicated that he was willing to continue in that position. The commission unanimously agreed that Don Anderson should be the Chair in 1994. Nominations were then sought for Vice Chair. Commissioner Wahl stated that he was willing to serve in that capacity. Commissioners unanimously approved Mark Wahl as Vice Chair in 1994. 2. APPROVAL OF MINUTES A motion was made by Commissioner Gutzke and seconded by Commissioner Burk to approve the minutes of the December meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present at the meeting. b. Staff. Mary Bisek announced that the senior coordinator's position had been doubled to 20 hours per week. Plymouth has bad a senior coordinator for 12 years, and the position has been at 10 hours per week all that time. Based on the Census Bureau's findings that the senior population in Plymouth is growing at a rate faster than the general population, staff asked that the budget for this position be increased in 1994. The sixth annual Fire and Ice Festival is scheduled for Saturday, February 5. Mary asked commissioners if they would again supervise the bonfire and the selling of s'mores. A sign up sheet was circulated, so that commissioners could choose a time slot. Mary announced that the Panthers Ski Club (for students at Plymouth Middle School), co-sponsored by Plymouth Middle School and the City, is doing well. This is the City's third year of involvement with this program. Ski trips are planned every Friday after school, from January to mid-February, to area ski resorts. \ c,— PRAC Minutes/January 1994 Page 2 Mary indicated that the volunteer coordinator is very busy placing volunteers in various positions throughout the City. She is presently working with a man retired from Northwestern Bell who is studying ways to make our swimming registration procedures more efficient. c. Others. See item 5.a. 4. PAST COUNCIL ACTION Council approved the reformatting of the Open Space committee as recommended by PRAC. This committee will now be comprised of one citizen from each ward, one Planning Commissioner, one Council member, and four members of PRAC. Council also authorized negotiations to begin for the purchase of homes within the boundaries of West Medicine Lake Park. 5. UNFINISHED BUSINESS a. Request for City to take over Amberwoods Park. Director Blank stated that staff had completed research they had been asked to do at last month's meeting. Regarding using the playground, staff was informed by Superintendent Landswerk that the School District does not have any objections to people using the playground equipment during school hours. As far as access is concerned, Director Blank indicated that there is internal access to this site via a trail system, which does not require that people walk on County Road 101 or County Road 24. In reference to the play equipment not being suitable for pre-schoolers, Director Blank said that the equipment does appear to be designed more for K-6. A concern was raised at the December meeting that a precedent might be set if the City accepted ownership of this private park. Director Blank indicated that he now took a neutral stance on this issue based on the fact that we currently maintain public neighborhood parks in close proximity to at least five other private neighborhood parks, and thus far, these private parks have not been offered to the City. Director Blank also stated that when the preliminary plat for Amberwoods was approved back in 1972, the developer did pay a park dedication fee of $10,000, which he was unaware of at the December meeting. Director Blank then commented that if PRAC was inclined to accept the property, that the upgrade not take place until 1995. This would also require an amendment to the Parks portion of the CIP. Pat McDonald, President of the Amberwoods Homeowners Association, indicated that the trail access referred to by Director Blank was not usable in the spring because of flooding, causing portions of it to be underwater much of the time. He also stated that the trail's surface is pretty impassable in the winter by strollers, etc., because of how hard and uneven it is. Mr. McDonald continued to stress his feelings that the playground equipment is not suitable for pre-schoolers. Mary Hernandez, 3405 Urbandale Lane, announced that she had spoken directly with the principal of Greenwood Elementary, who had made it quite clear to her that people should not use the play equipment during school hours. c�- PRAC Minutes/January 1994 Page 3 Mary Lindman, 3850 Walnut Grove Lane, stated that the trail access to Greenwood from Bridlewood Farms stops at the property line. She also indicated that she would not permit her preschoolers to use the equipment at Greenwood at the same time as the older children, because she didn't feel it would be very safe to do that. She urged the City to accept the donation of Amberwoods Park and to go the extra "mile" to install trails throughout the area, thus providing access to the park for the other neighboring developments. Pat McDonald surmised that when the new park is built on the east side of County Road 101, kids will cross that busy road to go use that park, which he feels will be very unsafe. Commissioners inquired about the cost to maintain Amberwoods on a yearly basis. Director Blank stated that it would be approximately $3,000 yearly for things such as weekly mowing, trimming, fertilizing, trash removal, playground inspection, etc. The cost to build a new playground would be about $17,500. When asked what it would cost to remove the tennis courts, Director Blank indicated that it would not be reasonable to take out the tennis courts as long as they are in good shape. Robert Karaniemi, 18010 33rd Avenue, said that there isn't any access from his development, Boulder Crest, to Greenwood. The closest park to him is in Churchill Ponds. In the past, he has used Greentree West. He strongly supports the City accepting the donation of Amberwoods, but he would also like the City to buy a vacant lot in Boulder Crest and build a a park there, too. Libby Collins, 3195 Walnut Grove Lane, stated that this issue is not going to go away. She feels that if the City does not accept Amberwoods, it will just be a matter of time before residents from Saddlewood and Bridlewood come in requesting a park. Becky Engen, 3205 Urbandale, said that Greenwood School comes over and uses the tennis courts in Amberwoods every spring. Amberwoods has never charged them anything for this. Commissioners Burk and Watson stated that they support accepting the Amberwoods property. Commissioner Gutzke asked if the City would ever consider donating funds to a development, so they could upgrade and still keep their private park. Commissioner Burk asked how you would go about keeping others out of the park then, because it would still have its private status. A MOTION WAS MADE BY COMMISSIONER BURK AND SECONDED BY COMMISSIONER MIKULA RECOMMENDING THAT THE CITY ACCEPT THE DONATION OF AM 3ERWOODS PARK AS A CITY PARK AND RESEARCH THE STEPS NECESSARY TO INCLUDE THE PARK IN A FUTURE CIP, SO THAT THE IMPROVEMENTS CAN BE SCHEDULED. HE FURTHER REQUESTED THAT THE AM 3ERWOODS HOMEOWNERS ASSOCIATION MAKE A FORMAL WRITTEN REQUEST OF THE CITY TO ACCEPT THE PROPERTY. THE MOTION CARRIED WITH ALL AYES. PRAC Minutes/January 1994 Page 4 b. Capital improvements program revision. Director Blank stated that some revisions were necessary to the _1.994-98 CIP. These include increasing funds available in the community playfields and trails account in 1994 and decreasing funds in the neighborhood parks account. Instead of developing the Cardinal Ridge park in 1994 at a cost of approximately $185,000, additional land will be acquired at a cost of $90,000. The development would then be pushed back to 1995, thus increasing funds required in the neighborhood parks account that year. The reasons for acquiring additional land is due to Daniel Development's park dedication of 23+ acres, nine on high ground and 14 acres of wetlands. Their dedication is 3.1 acres above what is required, thus, the City is considering acquiring the extra. The developer has indicated he would sell it for $30,000 an acre. This acquisition, plus what we already own at this location, would make Cardinal Ridge our largest neighborhood park. The park is now proposed for development in 1995 in the revised CIP and would include playground equipment, as do our other neighborhood parks. A MOTION WAS MADE BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER GUTZKE TO ACCEPT THE REVISIONS TO THE 1994-98 CIP AS PROPOSED BY STAFF AND DATED 1/12/94. THE MOTION CARRIED WITH ALL AYES. c. West Medicine Lake Park master plan update. Director Blank stated that a subcommittee consisting of Commissioners Wahl and Watson and himself reviewed applications from 20 different residents interested in serving on the West Medicine Lake Park Focus Group. Of those 20 residents, the subcommittee is recommending eight, four men and four women, based on criteria such as address, age, number of children, years living in Plymouth, and their reasons for wanting to be involved in this process. A MOTION WAS MADE BY COMMISSIONER WATSON AND SECONDED BY COMNIISSONER WAHL TO ACCEPT THE INDIVIDUALS RECOMMENDED TO SERVE ON THE FOCUS GROUP. THE MOTION CARRIED WITH ALL AYES. Director Blank stated that three meetings will be scheduled with the focus group to work on the master plan. He indicated that he would ask Commissioner Johnson to be a liaison to the focus group. d. Study of unique open spaces update. The Council is in the process of interviewing citizens from each ward for appointment to the Open Space Committee. e. Accessible playground update. Director Blank said a meeting was held with the City Attorney for direction on how to properly bid the project. PRAC Minutes/January 1994 Page 5 6. NEW BUSINESS a. Review draft of annual report. A draft copy of the 1993 Park and Recreation Advisory Commission Annual Report was reviewed for additions and corrections. It was suggested that a new goal be added about the study of open spaces. Commissioners were asked to contact the Park and Recreation secretary within the next couple of weeks if they discover typing errors, etc., so that final copies can be assembled in time for the February meeting. b. Review park rental policies and fees for 1994. Annually, the park and recreation staff reviews the park policies and fees that have been in effect for the previous year and makes recommendations for changes in fees, etc. Regarding the park facility rental policy, no changes have been proposed in fees. No changes were proposed in the Parkers Lake Pavilion policy or fee schedule. Regarding the Parkers Lake picnic shelter, staff is proposing an increase from $30 to $35 for half-day rentals, and from $60 to $70 for full day rentals. New in 1994 is a policy for the rental of Bass Lake. Staff is recommending that Bass Lake be available to Plymouth non-profit groups such as homeowner associations, crime prevention, etc., free of charge, with a $25 key deposit. For Plymouth residents who wish to have private parties, staff proposes a rental rate of $15 an hour, with a two hour minimum and a $100 damage deposit. Staff proposes that canoe racks at Medicine Lake and Parkers Lake rent for $40 for residents and $45 for non-residents. Those rates were $37 and $40 in 1993. A MOTION WAS MADE BY COMMISSIONER GUTZKE AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE 1994 PARK FACILITY RENTAL POLICIES AND FEES, WHICH INCLUDES ATHLETIC FACILITIES, BASS LAKE SHELTER, PARKFRS LAKE PAVILION, PARKERS LAKE PICNIC SHELTER AND CANOE RACKS. THE MOTION CARRIED WITH ALL AYES. 7. COMMISSION PRESENTATION Commissioner Burk suggested that the Park Commission sponsor some sort of fun run to help introduce residents to the city's trail system. 8. STAFF COMMUNICATION Director Blank thanked Commissioners Burk and Gutzke for their service on the Park and Recreation Advisory Commission. Mr. Burk and Mr. Gutzke will not seek re -appointment when their terms expire on January 31. 9. ADJOURN The meeting adjourned at 9 p.m. BOARD OF ZONING ADJUSTMENTS AND APPEALS MINUTES JANUARY 11, 1994 MEMBERS PRESENT: Chairman Ulmer, Commissioners Albro, Edwards, Lips, and McCulloch MEMBERS ABSENT: Commissioners Singer and Kobs STAFF PRESENT: Building Official Joe Ryan Secretary Tammy Ward Chairman Ulmer requested that the minutes from the December meeting be moved to the end of tonight's meeting. OLD BUSINESS: FEC CONSTRUCTION, 14715 11TH AVENUE NORTH, FILE 12-04-93 Chairman Ulmer introduced the request by Mike Peters of FEC Construction for a variance from the maximum lot coverage requirements of the Zoning Ordinance to allow the construction of a new single family dwelling for a property located at 14715 11th Avenue North. (12-04-93) Mr. Peters approached the Board. He stated that he was unable to get on the City Council Agenda any earlier than tonight's meeting date, so they elected to make some modifications and come back to this Board. He stated that he met with their buyers and they cut back the house as much as they felt that they could. He added that they brought the lot coverage down from 29 % to 25 %. Mr. Peters stated that he was surprised when the neighbors had spoken up in opposition of this proposal at the December meeting. He stated that he has since met with the Charests and have reviewed the new plans with them. He stated that they are no longer in opposition of FEC's proposal. Mr. Peters stated that he had hoped that the Charests would attend the meeting tonight to voice that they no longer were in opposition. Mr. Peters stated that there is now another house being built within the guidelines to the south of their lot. He stated that he is not aware of any problems or opposition from that - neighbor. He stated that he hoped the Board would see that they have tried hard to cut back on their plan and stated that he was here to answer any questions the Board might have for him this evening. Chairman Ulmer asked if there was anyone present in the audience to speak on this item. Mr. Lou Millman, 14720 11th Avenue North approached the Board. Mr. Millman stated that he lives across the street and one lot over. He stated that he is against this house being built. He stated if granted, there will be over -crowding and he personally felt that this would be too much house for such a small lot. He stated that a fourth home is being built without the need for any variances, and he feels that this lot should not set any precedents. Commissioner Edwards stated that he noticed the house that was being built next door and inquired about the size and elevation of that home. He stated that it obviously conforms or they would have heard about it. He stated if possible, he would like to review that survey for foundation size and elevations. Mr. Peters asked if he could answer any concerns that Commissioner Edwards might have regarding elevation. Commissioner Edwards advised Mr. Peters that he may not have a concern, he just wanted to see the elevation of the house that is being built next door to this site. Commissioner McCulloch inquired why the petitioner had not checked with the other neighbors. Mr. Peters stated that he did not think that anyone else was in opposition to this item except for Mr. Charest who was at the last meeting. He stated that perhaps it was naive of him to think this way, but he assumed that because no one else attended the meeting last month, there were no further objections. He reiterated that he had met with the Charests and they were no longer opposed. Commissioner McCulloch inquired if Mr. Lou Millman had spoken with the Charests. Mr. Millman stated that he had and that Mr. Charest had actually come to him about the proposal. He stated at that time, Mr. Charest was opposed to the house as planned and that he agreed with him that there was no reason to crowd that lot. Commissioner Albro inquired if- Mr. Charest had called Building Official Ryan. Building Official Ryan stated yes, Mr. Charest had called him today and had advised him that he has talked with Mr. Peters about the lot coverage reduction from 29 to 25 percent and no longer had a concern or was in opposition to this request. Building Official Ryan stated with regard to the elevations of the other homes in this area, the petitioner's elevation is 951.78, the property on the corner that is under construction is a two story home with a top of block elevation of 952. The home by Mr. Charest is at an elevation of 954. 2 MOTION by Commissioner Albro, seconded by Commissioner McCulloch to table this item to the end of tonight's meeting so that Mr. Peters could have some time to meet in a conference room with the Millmans. VOTE: 5 Ayes. MOTION carried. VICKI KATZOVITZ SISKIN, 505 EVERGREEN LANE NORTH, FILE 12-02-93 Chairman Ulmer introduced the request by Vicki Katzovitz Siskin for a variance from the required front yard and side yard setbacks and maximum lot coverage requirements of the Zoning Ordinance to allow the installation of an area identification sign for the Pine Creek Subdivision for a property located at 505 Evergreen Lane North (12-02-93). Ms. Katzovitz Siskin approached the Board. She stated that she has some pictures available that might help show where the sign is being proposed. She stated that the biggest problem is the tree right behind the marketing sign. She stated that the entrance monument if placed where the Zoning Ordinance requires its placement, would be behind the tree and the boulder wall that are shown in the pictures. Ms. Katzovitz Siskin added that she would be happy to answer any questions that the Board may have. Chairman Ulmer inquired if there is currently a house on this lot and if so, were the buyers aware that the monument was being proposed for this lot. Ms. Katzovitz Siskin stated that she was the owner of the property when she applied for the variance. She stated that the new buyers are aware of the monument sign and that it will be maintained by the covenants. Commissioner Lips inquired what would happen to the boulder wall. Ms. Katzovitz Siskin stated that the City approved the boulder wall but that she was not happy with it aesthetically. She stated that she would like to see that area opened up for visual appearance. Commissioner Lips stated that he felt that the bottom course of the wall should be removed as he felt that the boulder wall currently created an obstruction. Commissioner Albro asked Ms. Katzovitz Siskin if she had read the four conditions listed on the approving resolution and inquired if staff should add a fifth condition regarding the removal of the boulder wall. Kj Building Official Ryan stated that he had spoken with Ms. Katzovitz Siskin who stated that she intended to reconstruct the boulder wall and therefore, he did not see a need to address this issue in the approving resolution. MOTION by Commissioner Albro, seconded by Commissioner Edwards to approve the request by Ms. Vicki Katzovitz Siskin for a variance to allow the construction of an area identification sign within the required front yard setback of 20 feet subject to the four conditions listed in the approving resolution. Chairman Ulmer inquired if there was any discussion on the Motion. Chairman Ulmer stated that the second page of the staff report recommends that the sign be placed outside the drainage easement and therefore should automatically take care of Commissioner Albro's concern regarding the boulder wall. Building Official Ryan replied that was correct. He stated that the 10 foot easement would place it outside of that area, so basically, it would be placed at less than 20 feet, but beyond the 10 foot setback line. He added that the triangular area is shown by the dotted line on the plot plan and that the sign would be placed towards the back side of that dotted line. Building Official Ryan added that the sign location could be verified at the time that the sign permit application materials were submitted to the City. Chairman Ulmer stated that Condition #3 will take care of the utility easement issue. He stated that he felt that this request meets all the variance standards. VOTE: 5 Ayes. 0 Nays. MOTION CARRIED. NEW BUSINESS: BILL PRODAHL, 10020 26TH AVENUE NORTH, FILE #010194 Chairman Ulmer introduced the request by Bill Prodahl for a variance from the required front yard setback requirement of the Zoning Ordinance to allow the construction of a green house addition for a property located at 10020 26th Avenue North. (01-01-94) Bill Persson, Mr. Prodahl's representative approached the Board. He stated that he has been building green houses for 15 years. He stated that Mr. Prodahl's home is an existing nonconforming house that was built too close to the road. He added that this is a corner lot and that the backyard was chosen because you cannot build on the sides or the front of 4 the house. He stated that this parcel is unique because it is a nonconforming use already. _ He stated that the green house in not being built for added value and the addition will be virtually unnoticeable to the neighbors He stated that is a very beautiful glass greenhouse. Mr. Persson stated that Mr. Prodahl already has a beautifully landscaped back yard and this green house will only add to it. Chairman Ulmer inquired if there was anyone else present in the audience to speak on this item. Commissioner McCulloch inquired what was the purpose of this green house. Mr. Persson stated that the back yard is full of foliage and expensive plants that cannot be housed in cold weather and this green house would provide a place to house them. He stated that there is also a goldfish pond in the back yard which would be kept here in the winter time. He added that it would also be used for personal enjoyment. He stated that it will have a closed off door from the house and from the garage, but it would not be carpeted with couches, etc.. Typically, it is a place to feel a little bit of summer in the winter time. Commissioner McCulloch inquired what type of floor and heat are proposed. Mr. Persson stated that the floor would be concrete and a supplemental gas heater would be used to keep the room above freezing at night time. Commissioner McCulloch inquired what type of ventilation would be used. Mr. Persson stated that it would be a damper ventilation system with windows and doors that open for fresh air ventilation. He stated that it was an automatic system. Commissioner McCulloch inquired what type of lighting system would be used. Mr. Persson stated that it would be both natural and track lighting for back up lights. Commissioner McCulloch inquired if there would be any grow lights. Mr. Persson stated that with a track lighting system you can use any type of bulb that you want. You could use a grow light bulb in a track lighting system. He added however, that most Minnesota plants do not require a lot of light in the winter time. Commissioner McCulloch stated that there might be a concern with growing lights on at night. Chairman Ulmer stated that it would be important for the record to note the concern regarding the growing lights being on all night. 5 Mr. Prodahl stated that had no intention of providing 24 hour lighting. Mr. Persson added that typically plants need to know that it is winter time and need shorter daylight hours. He stated that most people don't have timer lights set in their green houses. Commissioner McCulloch stated that he would like to see that added to the resolution if this request is approved. Chairman Ulmer asked Building Official Ryan if the Board could add that condition to the resolution. Commissioner Albro stated that he has seen similar conditions placed on commercial applications. Building Official Ryan replied that the Ordinance contains provisions concerning lighting glare and the property line. He stated that this applies to all properties within the City. Commissioner Albro stated that he does not see the lighting as an issue especially seeing that Mr. Prodahl says he does not plan to have the lights on all evening. Commissioner Lips inquired about the calculation of lot coverage and how the green house would add to that calculation. Building Official Ryan stated that he did not calculate for lot coverage, but stated that it appears that it would be well within the 20 percent considering the two lots. MOTION by Commissioner Albro, seconded by Chairman Ulmer to approve the request by Phil Prodahl for a variance to allow a 19.25 foot front yard setback versus the 35 foot Ordinance Standard for the construction of a green house addition onto the back side of his home based on the four conditions in the approving resolution. Chairman Ulmer inquired if there was any discussion on the motion. Chairman Ulmer inquired if Mr. Prodahl understood the conditions of the approving resolution indicating he would need to submit an application consolidating the two lots into one lot. Building Official Ryan stated that this condition is more of a benefit to the City, as a housekeeping issue. He stated that it may require the petitioner to have his survey changed to have the legal description include both lots. He stated that Mr. Prodahl would need to file and application and that no fee would be assessed. He added that it is relatively a simple process, basically, just filling out an application form. Chairman Ulmer inquired how long the process would take. T Building Official Ryan stated that it would require only the submittal of the required application to satisfy the condition on the proposed resolution. Chairman Ulmer inquired if there was any other discussion on the motion. Chairman Ulmer stated that he was in favor of the proposal. He stated there is a privacy fence and very few people will realize that the green house is there. He stated that if this home was not on a corner lot there would not be a variance concern. VOTE: 5 Ayes. 0 Nays. MOTION CARRIED. THEODORE AND KATHRYN WANGENSTEEN, FILE ##010294. Chairman Ulmer introduced the request by Theodore and Kathryn Wangensteen for a variance from the required side yard setback requirements of the Zoning Ordinance to allow the construction of a third car garage stall addition for a property located at 2225 Holly Lane North (01-02-94). Mr. Wangensteen approached the Board. He stated that currently, there is a shed and a mound of clay where they would like to build the third car garage stall. He stated that his house is separated from the house on the east by heavy foliage. He added that neighbor would not even see the garage after it was constructed, and stated that he needs this garage for storage. Chairman Ulmer asked if there was anyone present in the audience to speak on this item. Mr. Delbert Case, 17215 23rd Avenue North approached the Board. Mr. Case stated that he was in opposition of this project. He stated that it would add further building to the front of that house. He stated that it would also create more drainage problems on his property. Mr. Case stated he still has excavated dirt on his property from a project that the Wangensteens started five years ago. He also stated that since that addition there has been added vehicular traffic in the neighborhood. Chairman Ulmer inquired about the mound of dirt. Mr. Wangensteen stated that there were some drainage problems in 1989 but that he thought those problems had since been resolved. He stated that his landscaper had talked to Mr. Case and he reported that there was no particular problem with the drainage. He _ stated that he would be willing to take care of any problems that still occur. He stated that the drainage was unbelievable when they first bought the house, and that they built a retaining wall and it took 5 years for things to settle down. He stated that they even 7 installed drain tile to avoid further drainage problems. Mr. Wangensteen stated that if they built the garage adjacent to Mr. Case's lot that they would have a new drainage problem, but where they are proposing will not affect the drainage at all. He stated that the addition will be constructed in the area between the existing home and garage. Chairman Ulmer inquired about the shed and clay that Mr. Wangensteen had mentioned. -- Mr. Wangensteen stated that they made a change in their deck last year and needed to accumulate some clay. He stated that both the clay and shed will be removed with the construction of this garage addition. Commissioner Edwards inquired about the dumpster currently in the front yard. Mr. Wangensteen stated that they had some plumbing problems and their plumbing leaked into the kitchen where there was not adequate insulation behind the ceramic tile. He stated that they had to remove everything in that bathroom. Commissioner Edwards inquired why they needed two driveways. Mr. Wangensteen stated the lower area is the entrance to his lot. He stated that the few clients that he does have that stop by, use this entrance so they do not have to come through his home. Commissioner Edwards inquired about the business that Mr. Wangensteen ran from his home. He also asked Building Official Ryan if the City has a concern with multiple driveways. Building Official Ryan replied that the City does not have a concern regarding the two driveways. Commissioner Albro stated that he felt that design alternatives were no longer available because of the construction that took place in 1989. Chairman Ulmer stated that it appears that two additions have been built on the house. Chairman Ulmer stated that the previous plans show a garage proposed, however, this appears to be where the office is now. Mr. Wangensteen stated that he assumed someone else would use this area for a garage, however, he has chosen to use it for an office. He added that it could be used for storage or an office and it was designed that way for resale purposes. Commissioner Edwards inquired how this lower garage area is finished. Mr. Wangensteen stated that it is fully carpeted and has beautiful bookshelves from the old Andrews hotel. L-94 Commissioner Edwards stated that he is concerned with Mr. Wangensteen's comments. He added that he is also concerned with too much garage on a lot and a home occupancy business. Mr. Wangensteen stated that he originally designed the space as a garage and stated that a double door could be installed at any time so it could be used as a garage. He stated that he is just not currently using it as a garage. Commissioner Edwards stated that if this area is a garage, was there a maximum size garage that can be built in the City of Plymouth. Building Official Ryan replied that the State Code has two provisions for private garages, 1000 square feet and 3000 square feet for attached garages. Commissioner Edwards stated that he is troubled by that. He stated there could actually be four garages on this property. Mr. Wangensteen stated that his office is designed first class. He stated that the book shelves are unbelievable and he really didn't think that someone would actually use this area as a garage. Commissioner Edwards stated that he can see these extra garages being converted to housing in hard times or used for businesses and he personally has strong feelings about it. Mr. Wangensteen stated that it is also the movement of the future to have people working out of their homes. Commissioner Edwards stated first you have the added traffic coming to your home, then you have signs up in your yard. He stated that he believed residential neighborhoods should stay residential. Commissioner McCulloch inquired if there was a lot coverage issue as it seemed like there was a lot of house for this lot. Building Official Ryan stated that lot coverage was not a concern as this was a large lot. Commissioner McCulloch inquired if there was an ordinance with regard to the amount of pavement on a property. Building Official Ryan stated that there was nothing in the Ordinance regarding pavement. He stated that two driveways are not prohibited. The Ordinance does mention impervious surfaces at 30 percent because of a concern for water run off, but there is no concern for a second driveway. E Commissioner McCulloch inquired how deep the current garage is as it exists now. Mr. Wangensteen stated approximately 26 feet. He added that the new garage will be set back to conform architecturally. Chairman Ulmer inquired if there was currently something on the back side of the garage. Mr. Wangensteen stated that the family room is there. Chairman Ulmer noted that both driveways are kept shoveled and inquired if clients use this as a vehicular access. Mr. Wangensteen stated that he has a part time secretary that uses it. Chairman Ulmer inquired if it was used as parking area as well. Mr. Wangensteen stated that they have installed a 6 foot high concrete fence so none of the neighbors can see the vehicles that are parked there. He stated that you could see a UPS Truck but that was about it. Chairman Ulmer inquired if there is daily use of this driveway by clients. Mr. Wangensteen stated that someone pulls in the driveway at least every other day, when people are dropping things off for him. Commissioner Lips inquired if they had considered building a narrower garage. Mr. Wangensteen stated that they already pulled it back to 12 feet to get a vehicle in with no storage available on the sides. He stated that the existing garage might be more than 12 feet. Commissioner McCulloch stated that it was 24 feet. Commissioner Lips inquired if Mr. Wangensteen has talked with his neighbors on that side of his house. Mr. Wangensteen stated that yes, he has and there are no problems. Chairman Ulmer inquired if the City had received any calls from any other neighbors. Building Official Ryan stated that he did receive a call from the owner directly to the west and to the north of the Wangensteens, which would be the corner lot. Chairman Ulmer asked if this was the neighbor between Mr. Wangensteen and Mr. Case and if they had any objections. 10 Vo Building Official Ryan stated that they had no opinion but just wanted to know where the addition was going to be placed and as long as it was on the east side they did not have a concern. Commissioner Lips inquired with the lot line being at an angle, how much of the garage would actually require variance. Building Official Ryan replied that the first 17 feet of the 30 feet would encroach within the 15 foot setback. Commissioner Edwards inquired if there were any concerns about employees coming on site and also, if a Conditional Use Permit would be required. Building Official Ryan replied that the Zoning Ordinance requires a Conditional Use Permit for home occupations when there is an employment of persons other than those that reside there. He added that the City has not issued a Conditional Use Permit for this site. Commissioner Albro stated that was a separate issue. Chairman Ulmer stated that was something this Board did not need to address. Commissioner Edwards stated that he begged to differ. He stated that the addition was originally shown as a garage. He agrees that it is a separate issue, but nevertheless, one that needs to be addressed. Chairman Ulmer agreed that it might be a parallel issue. MOTION by Commissioner Albro, seconded by Commissioner McCulloch to deny the request based on Variance Standard ##4 not being met. Commissioner Albro stated that he felt that the petitioner had alternatives as the garage could be used as a garage and added that he believed the petitioner, himself has contributed to this hardship. Chairman Ulmer stated that if this garage would start half way back it could be built without the need for a variance, however, there is now a deck behind the garage that would not allow this. Chairman Ulmer asked if Mr. Wangensteen had spoken with his builder regarding setting the garage back. Mr. Wangensteen stated he did not because he did not know what the impact would be. 11 Mr. Wangensteen stated that he would be happy to get new drawings to that affect as it appeared that his variance may not get granted at all this evening. Commissioner McCulloch stated that Variance Criteria #4 spells it all out. He stated that by cutting it back, it shows that there are some alternatives available that would not have the impact that this request has. He added that the variance required would be very small. - Mr. Wangensteen inquired if this would change the commissioners' minds in granting the variance. Commissioner Albro stated that it would not change his mind. Commissioner Lips stated that if it was moved back far enough, a variance wouldn't be required at all. Mr. Wangensteen said he would check into this and it would depend on how many trees he needed to remove. Commissioner McCulloch inquired if he was asking for 30 feet, however stated that if he dropped it back 6 feet he would be outside the variance area. Mr. Wangensteen stated that he would have a thirteen foot garage. Chairman Ulmer stated that he agrees with Commissioner Albro and felt that the deck was built in anticipation of this garage addition and therefore, the Ordinance did not create this situation. Mr. Wangensteen inquired if the Board would change their minds if he reduced his request and if so, how far would he have to pull it back. Commissioner McCulloch stated that a petitioner last month, had an area issue and his request was tabled so that he could look at ways to cut down the size of his request. Chairman Ulmer stated that the Board is somewhat flexible and would like to see Mr. Wangensteen push it back so it was not so wide. Commissioner Edwards stated that just because Mr. Wangensteen did not check with the City on the ordinances and rules does not mean that the Board should have to bend their rules. He stated that he would ask the petitioner to come back with alternatives as it was not for the Board to design his garage, but they would be happy to table this item and see what changes Mr. Wangensteen and his builder come up with. Mr. Wangensteen inquired if he should drop his request, have it denied or table the request for 30 days. 12 Commissioner Edwards stated if the request was tabled it would give him time to find some alternatives. — - Chairman Ulmer stated procedurally Mr. Wangensteen's options were as follows: currently, the motion is to deny the request, if they vote on the motion and it is denied then he has the right to appeal to the City Council and they can override it. The other option is that they can table this request for one or two months and allow Mr. Wangensteen time to go back to his builder which has been done a number of times for other petitioners. Commissioner Albro stated that he did not mean to sound so hasty and stated that his mind could be changed. MOTION by Commissioner Albro, seconded by Commissioner McCulloch to withdraw the motion to deny the request. Mr. Wangensteen stated that it would be agreeable with him to table this request for 60 days. Building Official Ryan stated that the City would need Mr. Wangensteen's revised application materials before the 60 days in order to have time to mail property notices out again. Commissioner Albro inquired if this item was tabled to a particular date would property owners be notified of the new date. Building Official Ryan replied that yes, they would be renotified. MOTION by Commissioner Albro, seconded by Commissioner McCulloch to table this request until the March Board of Zoning Meeting. VOTE: 5 Ayes. 0 Nays. MOTION CARRIED. FEC CONSTRUCTION CONTINUATION Chairman Ulmer called for the continued discussion of the request by Mike Peters of FEC CONSTRUCTION. Chairman Ulmer asked if there was anyone else present in the audience to speak on this request. _ Mr. Jim Peterson, Peterson Associates, approached the Board. He stated that he owns three of the lots in this development and that he does not have a problem with this request. 13 He stated that the home being built to the left is also a rambler and he believes that they will fit in very well. He added that the homes have similar elevations. Chairman Ulmer inquired about the square footage for the foundation size. Mr. Peterson replied that they are very similar however, his lot was just a little larger. Building Official Ryan replied there, is 1520 square feet on the first floor and approximately 1420 square feet in the basement. Mr. Charest, 14725 11th Avenue North approached the Board. He stated that he owns the property to the north of the lot in question. He stated that at the last meeting, he was opposed to the 29% lot coverage variance request. He stated that he has since reviewed the revised plans and the 25 % lot coverage has softened his opinion of the house proposed for this lot. He stated that this lot is barely over 8,000 square feet and the house would appear unusually small in this cul de sac. He stated that he not longer has an issue regarding this proposal. However, he added that this did not mean he would soften up on other builders that might propose to over build. He stated that he was willing to overlook the lot coverage on this one particular request. Mr. Millman stated that upon further discussion with Mr. Peters of FEC, he no longer has any concerns and would like to withdraw his earlier opposition. Mr. Peters stated that he wanted to thank everyone for staying around and allowing him to show them the revised plans. Mr. Peters stated that he realizes that this is a tough situation and that the Board has a tough decision to make. Mr. Peters stated that he believed that all of the neighbors were covered on this item now. Mr. Peters stated that the neighbors were no longer in opposition and added that he had not offered them money to change their minds! Commissioner Lips inquired how many lot owners they have heard from now. Mr. Peters stated that Mr. Peterson owns 3 lots, there have been the two neighbors and the lot owned by his company. Commissioner Edwards stated that the owner for Lot 7 is the only one that the Board has not heard from. Mr. Peterson stated that Lot 7 is still owned by the developer. Commissioner McCulloch stated that it appears that they have heard from all of the neighbors now and a persuasive petitioner based on the fact that the neighbors are no longer in opposition. Commissioner McCulloch stated that he would be in favor of this request. 14 = `)D Chairman Ulmer stated that he was curious as to how. Mr. Peterson built the house next door without the need for a variance. Building Official Ryan stated that he would need to look at the property and footprint of the house. Commissioner McCulloch inquired how many square feet FEC's house was. Mr. Peters stated it was approximately 1602 square feet. Building Official Ryan replied that it was 2065 square feet in area. Mr. Peters stated the house is 1610 square feet and the garage is 455 square feet. He stated that Mr. Peterson's house is 1520 square feet without the garage. Mr. Peterson stated overall they are about equal, his house was a little less square footage and his lot was slightly larger. Commissioner Edwards stated that he felt that a different style house could be built on the property, such as a two story or multi level. He stated that both builders are forcing more house on these lots than they need to which raises concern for storm water runoff, and driveways that are going to be incredibly difficult to navigate. Mr. Peters stated that as far as the slope on the driveway, he realized that it was not flat, however, it was no more of a slope than the entrance to City Hall. He added that they are trying to enhance the neighborhood, not take away from it. Mr. Peters stated that he was keeping the grade right where it is. He stated that it was due to the contours of the land why the driveway needs to be steeper. He added that there is a nice oak tree on Mr. Charest's property and it would be a crime to lose that by changing the grade. Commissioner Albro stated that he supports this request. He feels that this is a difficult lot and that perhaps the City should have never granted seven lots in this development to begin with. MOTION by Commissioner McCulloch, seconded by Commissioner Albro to approve the request by FEC Construction. Chairman Ulmer asked if there was any discussion on the motion. Commissioner Edwards stated that this is a difficult case. He stated that he appreciates the revisions that the petitioner made. He stated that after seeing the elevations to the house on the south compared to this property that he can now support the motion. 15 __a_._._ \ b Chairman Ulmer stated that he was still struggling somewhat with the hardship issue for this lot unless the size of the lot would be considered as hardship. Commissioner McCulloch stated that he feels that any other style of home on this lot would be too cumbersome. He stated that he believes a single level home is the answer for this, lot. Commissioner Albro stated that the hardship is in the Ordinance and in the lot. He stated that 20 percent of ari 18,000 lot is a lot better than 20 percent of an 8,000 square foot lot. Commissioner Edwards stated that he does not agree with hardship as an issue. Mr. Peters stated that he understands all of the concerns and reiterated that this is a very small lot in a small development and agreed that lot coverage percentages should be different for smaller lots. Commissioner McCulloch stated that the hardship is the small lot because it has limited potential. Chairman Ulmer agreed that the hardship is due to the shape and size of the lot. Commissioner Lips stated that he supports the motion. He stated that he too owns a small lot and he has a problem with the 20 percent lot coverage. He stated that many of the houses around Medicine Lake have very small lots and that he believed that lot coverage percentage should increase as the lots get smaller. He stated that if the City is going to approve these smaller lots then the lot coverage should be higher. He added that the wetland area behind this lot helped make his decision. He stated that he would have preferred to see a reduction closer to 20 percent, but that he would accept this request. VOTE: 5 Ayes. 0 Nays. MOTION CARRIED. APPROVAL OF THE MINUTES The December 1993 minutes were approved as amended. The "s" was left off of Commissioner Edwards name on page 9 in two paragraphs and there was an extra question mark on page 5 Chairman Ulmer advised that next months meeting should include the election of officers. Building Official Ryan stated that the approval of minor amendments had been rescheduled until the January 24, 1994 City Council Meeting. 16 Building Official Ryan stated that Mr. Wangensteen's request would be tabled until the Board of Zoning Meeting on March 8, 1994. ADJOURNMENT: 9:10 P.M. 17 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JANUARY 12, 1994 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Barb Stimson, Julie Witt, Ed Albro and Dennis Zylla. MEMBERS ABSENT: None STAFF PRESENT: Director Anne Hurlburt, City Engineer Dan Faulkner, Associate Planner John Keho, and Planning Secretary Jackie Watson MINUTES: MOTION by Commissioner Stimson, seconded by Commissioner Albro to approve the December 22, 1993 Planning Commission minutes. Vote. 4 Ayes. Commissioner Witt abstained. Motion carried. SKYLINE DESIGN (93136) Chairman Stulberg introduced the request by Skyline Design, Inc. for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 -season porch in "Cimarron Ponds" at 1255 Archer Lane. Associate Planner Keho reviewed the December 30, 1993 staff report. Chairman Stulberg introduced Mr. Ron Splett representing the petitioner. Mr. Splett stated that he was in agreement with the conditions of the staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Zylla, seconded by Commissioner Stimson to recommend approval of the request by Skyline Design, Inc. for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 -season porch in "Cimarron Ponds" at 1255 Archer Lane, subject to all conditions listed in the December 30, 1993 staff report. Planning Commission Minutes January 12, 1994 Page 2 Roll Call Vote. 5 Ayes. Motion carried on an unanimous vote. SKYLINE DESIGN (93137) Chairman Stulberg introduced the request by Skyline Design, Inc. for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 -season porch in "Cimarron Ponds" at 1255 Black Oaks Lane. Associate Planner Keho reviewed the December 30, 1993 staff report. He stated that Condition No. 4 of the resolution should read 17 feet by 14 feet. Chairman Stulberg introduced Mr. Ron Splett representing the petitioner. Mr. Splett stated that he was in agreement with the conditions of the staff report. Chairman Stulberg opened and closed Ithe public hearing as there was no one present to speak on the issue. MOTION by Commissioner Stimson, seconded by Commissioner Albro to recommend approval of the request by Skyline Design, Inc. for an Amended Planned Unit Development Plan and Conditional Use Permit for a 3 -season porch in "Cimarron Ponds" at 1255 Black Oaks Lane, subject to all conditions listed in the December 30, 1993 staff report, with a correction to condition #4 to state that the size of the porch would be 17 feet by 14 feet. Roll Call Vote. 5 Ayes. Motion carried on an unanimous vote. ZONING ORDINANCE AMENDMENT REGARDING BUSINESS SIGNS (94001) Chairman Stulberg introduced the request by City staff regarding a Zoning Ordinance Amendment relating to business signs. Director Hurlburt reviewed the January 3, 1994 staff report. Chairman Stulberg opened the Public Hearing. Commissioner Albro asked if this amendment would allow the petitioner to place two signs on each property. Director Hurlburt stated that there would be no increase in the allowed square footage for signs, that this amendment would just allow the additional sign on the pylon. =.: k C�— Planning Commission Minutes January 12, 1994 Page 3 Chairman Stulberg introduced Ms. Bev. Kottas, the owner of the Holiday and Goodyear sites that would benefit from this ordinance amendment. Ms. Kottas stated that she thought the issues had been thoroughly reviewed by staff. She stated that a stipulation in their contract with Goodyear was that signage be installed and that she did not realize that they would be prohibited from placing the Goodyear sign on the pylon. Chairman Stulberg closed the Public Hearing. Commissioner Zylla stated that the way he read the ordinance amendment there could be 2 pylon signs on a property. Director Hurlburt stated that the size and number of signs was governed by other sections of the code. Commissioner Zylla stated it should be clear that additional signage could not be placed on the second parcel. Director Hurlburt stated that one free standing sign could be placed on each property, but only one pylon sign would be allowed. Commissioner Zylla asked what the sign would look like if this amendment passed. Ms. Kottas stated that the original pylon sign would remain as is except for the addition of the Goodyear name under the Holiday and TCF names, with no increase in the allowed square footage for signs on the site. MOTION by Commissioner Zylla, seconded by Commissioner Albro to recommend approval of an Amendment to the Zoning Ordinance regarding business signs. Roll Call Vote. 5 Ayes. Motion carried on an unanimous vote. GREAT MIDWEST CONSTRUCTION, INC. (93092) Chairman Stulberg introduced the request by Great Midwest Construction, Inc. for a Land Use Guide Plan Amendment to reguide 7.4 acres from CL (Limited Business) to LA -4 (High Density Residential); Rezoning from B-1 (Office Limited Business) to R-4 (High Density Multiple Residence); Lot Consolidation; Site Plan; and Conditional Use Permit for a 60 unit apartment complex located at the southeast corner of 34th Avenue North and Harbor Lane. Planning Commission Minutes January 12, 1994 Page 4 Associate Planner Keho reviewed the September 14, 1993 staff report. Chairman Stulberg introduced Mr. Ken Issacson representing the petitioner. Mr. Issacson stated that he had met with some of the neighboring property owners and with City staff to see if there were any alternatives for the site design, and they were not able to come up with any alternatives. He said that the reguiding would require the adjacent property owners to meet a 75 foot setback on their lots, which would make development difficult for them to conform with the ordinance. He said his design created 75 foot setbacks from the adjacent sites which he felt should alleviate the need for the adjacent property owners to meet this ordinance requirement. Chairman Stulberg introduced Mr. Tom Chesness of 3235 Fernbrook Lane. Mr. Chesness stated that he was against this proposal. He said that he bought his property knowing that there would be industrial on this site. He said the constant light and the increase in permanent residents on the site would be intrusive. Chairman Stulberg introduced Fred Peterson of 3315 Fernbrook Lane. Mr. Peterson stated that he represented Family Hope Services and this proposed high density use would negatively impact the value of their site. MOTION by Chairman Stulberg, seconded by Commissioner Albro to deny the request for the following reasons: 1) The proposed LA -4 guiding could negatively impact the development potential of commercial properties on the east and south; and 2) This site could be reasonably developed under the current CL (Limited Business) guiding. Commissioner Zylla stated it would be a mistake to reguide this site because the site was too small for the proposed use and would need to be combined with another site to make it workable. Vote on Motion to deny. 5 Ayes. Motion to deny carried on an unanimous vote. The meeting adjourned at 7:30 p.m. OFFICIAL PROCEEDINGS OF THE BOARD INDEPENDENT SCHOOL DISTRICT 281, ROBBINSDALE AREA SCHOOLS REGULAR BOARD MEETING, 4148 WINNETKA AVENUE NORTH January 3, 1994 The meeting was called to order at 7:03 p.m. by Keith Moberg, chairperson. ROLL CALL Present: Paula Beugen, John Luzaich, Keith Moberg, Mary Moreira, Beverly O'Connor, Meredythe Rossi and Neil Stein, directors, and James Dahle, superintendent. APPROVAL OF AGENDA Rossi moved approval of the agenda with the addition of items under Unfinished Business and Board Rapport. The motion was seconded by O'Connor and carried unanimously. RECOGNITION BY THE SUPERINTENDENT The superintendent congratulated Kris Laughlin, Highview Alternative Program teacher, on being selected as a recipient of the 1993 American Vocational Association Region III Award of Merit for her service to the Minnesota Vocational Association and the six -state region of which Minnesota is a member. CITIZEN PARTICIPATION Garrett Tomczak, Golden Valley, read a letter written by his wife Maria Milillo that appeared in the December 29, 1993, edition of the SunPost newspaper regarding her concerns about the proposed middle -level alternative program placement at RHS Resource Center and the safety of Language Immersion students. Boyden Kneen, Plymouth, spoke about his concerns regarding the proposed middle -level alternative program placement and requested that a parent committee be formed to address safety issues. Mary Bach, Plymouth, asked several questions about scheduling changes proposed at Robbinsdale Armstrong High School. She requested that the district take more time and consider more options before making any changes. Gregory Jabar, Crystal, spoke about his concerns regarding the proposed middle -level alternative program placement; stated that he was not made aware of the proposed placement before his children entered the Language Immersion Program; and requested more parental input. School board minutes - January 3, 1994 Page 2 Cheryl Zurek, Robbinsdale, spoke about her concerns regarding the proposed middle -level alternative program placement; presented a letter to the board outlining these concerns; and informed parents of a meeting on January 13, 1994, to address these issues. Dahle reported that changes being made at Robbinsdale Armstrong High School are not school board decisions and there is a meeting scheduled for parents and students on January 6, 1994. He also stated that there are no plans to expand the middle -level alternative program to 300-400 students; that a Language Immersion Program parent committee is in place to address safety issues; that administration believes the programs can co -exist; and that a list of criteria for admission of students to the middle -level alternative program is being compiled. APPROVAL OF CONSENT AGENDA Moreira moved approval of the consent agenda. The motion was seconded by Rossi and carried unanimously. MINUTES OF PREVIOUS MEETINGS Beugen moved approval of the minutes of the December 13, 1993, board meeting. The motion was seconded by Moreira and carried unanimously. PETITIONS AND COMMUNICATIONS The following communications were received: a letter dated December 20, 1993, from Cy and Deb Dargay, Language Immersion parents, regarding their concerns about the proposed middle -level alternative program placement at RHS Resource Center; a letter dated December 16, 1993, from Virginia Berglund, Language Immersion parent, on the same issue; a letter from Janice Maiola and Doug Thompson, Language Immersion parents, regarding their transportation concerns. CLERK'S REPORT Luzaich, clerk of the board, read the schedules of board meetings, other meetings and superintendent's advisory council meetings. The board set special meetings for Friday, January 7, 1994, at 6 p.m. and Monday, January 10, 1994, at 7 p.m. to act on the purchase agreement from Super Valu for Mielke Field. REPORTS OF THE SUPERINTENDENT Instruction and Information =- \ 'A'. School board minutes - January 3, 1994 Page 3 Information Graduation Standards Report Barbara Nemer, director of curriculum and media services, and Betty Stensrud, first grade teacher at New Hope Elementary School, reported on the activities of the 36 teachers involved in the district's pilot site project developing performance assessments for the proposed state graduation rule. Action Grant Awards Nan Satterlee, District 281 coordinator of program and financial resource development, reported the following grant awards and answered questions from the board: A grant in the amount of $50,000 from the General Mills Foundation for the middle -level alternative program and a grant in the amount of $32,000 from the McKnight Foundation to support prototype sites participating in the school -human services redesign initiative. Beugen moved acceptance of the two grant awards; the motion was seconded by O'Connor and carried unanimously. The school board accepted a grant in the amount of $900 from the Metropolitan Regional Arts Council/Suburban Hennepin County Arts Regranting Program for the Senior Services program. Moreira moved approval of the grant award; the motion was seconded by Rossi and carried unanimously. The school board accepted a grant from the Minnesota Department of Education for the Federal Title II, 1993-94 Teacher Training and Retraining Program for mathematics and science teachers in the amount of $34,460.16. Beugen moved approval of the grant award; the motion was seconded by Moberg and carried unanimously. Grant Proposal The school board approved a grant application by the human resources department in the amount of $100,000 to the St. Paul Companies. The purpose of the grant is to identify and support high -potential participants for training as classroom teachers. Specifically, employees of color will be recruited to participate over a three-year period. Luzaich moved approval of the proposal; the motion was seconded by Moreira and carried unanimously. Business Mielke Field Update Moberg informed the board that an offer had been received from School board minutes - January 3, 1994 Page 4 Super Valu for Mielke Field in the amount of $1,650,000. He stated that because the purchase agreement had arrived earlier in the day, the board needed to wait for a legal opinion; however, it could vote to accept the purchase price. Beugen moved that District 281 accept the purchase price.offered by Super Valu for Mielke Field in the amount of $1,650,000, with the contract and details being subject to thorough review and advice by the district's attorney. The motion was seconded by Moreira. Dahle stated that the district would have needed to make costly improvements at Mielke Field; reviewed past offers and counter offers; stated that current and future students would benefit from new athletic facilities; and recommended acceptance of the purchase agreement. Beugen commended Dahle for his leadership in negotiations with Super Valu. Moberg commended both Dahle and attorney Jerry Brill. The motion carried unanimously on a roll -call vote. O'Connor recommended that board members read a story on Mielke Field in The Quill, the Robbinsdale Cooper High School student newspaper. MOTIONS AND RESOLUTIONS The American Indian Language and Culture Education Act includes a requirement that Indian education parent committees in school districts adopt a resolution each year which indicates whether the parent committee concurs with educational programming for American Indian students in the district. The following resolution was presented by Jacqueline Fraedrich, director of Indian education. ROBBINSDALE INDIAN EDUCATION PARENT COMMITTEE ANNUAL RESOLUTION WHEREAS, the Indian Education Act of 1988 required maximum involvement of parents of Indian children enrolled in educational programs, and WHEREAS, Indian education parent committees are to have an opportunity to express their views concerning all aspects of the educational needs of American Indian children enrolled in schools, and WHEREAS, the Indian Education Act of 1988 requires that the Indian education parent committee adopt a resolution that states School board minutes - January 3, 1994 Page 5 whether the committee concurs with the education programs for American Indian students offered by District 281, Robbinsdale Area Schools, and WHEREAS, the Indian Education parent recognizes the efforts of the district in the areas of equity and diversity, NOW THEREFORE BE IT RESOLVED, that the Robbinsdale Indian education parent committee concurs with the education of American Indian students in District 281. We do hereby certify that the foregoing resolution was duly presented and acted upon by a vote of nine (9) for, zero (0) against, and zero (0) silent, at the regular monthly meeting of the Indian Education Parent Committee held on October 26, 1993. The board received the resolution and it will be forwarded to the Minnesota Department of Education. UNFINISHED BUSINESS The board directed Dahle to develop alternatives/options for athletic facilities to replace Mielke Field and to solicit parental involvement. BOARD RAPPORT Stein commented on a local private school that currently is spending $12,000 per year per student. Moreira asked about proposed changes in the spectator behavior policy. Dahle stated that the cabinet currently is reviewing several policies and will present changes to the board. Moberg commented on Beugen's participation in KARE 11's volunteer drive; O'Connor mentioned that Rossi also participated. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Respectfully submitted, John Luzaich, clerk of the board Approved January 18, 1994 Kcith\Mo'berg, cha� eison OFFICIAL PROCEEDINGS OF THE SCHOOL BOARD INDEPENDENT SCHOOL DISTRICT 281, ROBBINSDALE AREA SCHOOLS SPECIAL SCHOOL BOARD MEETING January 10, 1994 The meeting was called to order at 7:10 p.m. by Beverly O'Connor, vice chairperson. ROLL CALL Present: Paula Beugen, John Luzaich, Mary Moreira, Beverly O'Connor, Meredythe Rossi and Neil Stein, directors, and James Dahle, superintendent. Director Keith Moberg was excused. APPROVAL OF AGENDA Rossi moved approval of the agenda with an addition under Reports of the Superintendent. The motion was seconded by Moreira and carried unanimously. REPORTS OF THE SUPERINTENDENT BUSINESS Action Mielke Field Dahle introduced Brian Weisberg, the district's attorney from Siegel, Brill, Greupner and Duffy. Weisberg highlighted the following changes to the purchase agreement: a clause allowing the district to remove the flagpoles and the scoreboards from the property and stating that the district has no further obligation to remove other equipment, fixtures or other improvements from the property; payment of the purchase price by Super Valu to include an earnest money payment in the amount of $35,000 with the balance of the purchase price, $1,615,000, being payable at the March 22, 1994, closing; contingencies required by Super Valu to successfully close on the property including a successful title examination, the property being zoned to permit Super Valu to construct and operate for Super Valu's intended uses, and review by Super Valu's screening committee; a clause requiring Super Valu to repair any damages done during inspection of the property if the purchase of the property is not closed; the removal of a clause requiring the district to represent the environmental condition of the property; and a clause stating that the property is being sold in an "as is" condition. School board minutes - January 10, 1994 Page 2 The board discussed and will ask for seven to 10 days after March 22, 1994, to remove items from the field. Dahle recommended that the board authorize the clerk and vice chairperson to sign the purchase agreement. Stein moved that the district accept the purchase agreement as presented; that it authorize the clerk and vice chairperson to sign the agreement; and that the clerk and chairperson or his/her designee be allowed to make non -substantive alterations to the agreement without changing the intent of the agreement. The motion was seconded by Moreira and carried unanimously on a 6-0 roll -call vote. ADJOURNMENT The meeting was adjourned at 7:50 p.m. Respectfully submitted, John Luzaich, clerk of the board Approved January 18, 1994 Beverly QfConnor, vice chairperson MINUTES OF THE ANNUAL MEETING OF THE SUBURBAN RATE AUTHORITY January 19, 1994 Pursuant to due call and notice, the annual meeting of the Suburban Rate Authority was held at the Steak & Ale restaurant in the City of Bloomington, on Wednesday, January 19, 1994, commencing at 6:30 p.m. 1. CALL TO ORDER: The meeting was called to order by Chair Bruce Nawrocki . 2. ROLL CALL: Brooklyn Park Burnsville Circle Pines Columbia Heights Edina Hopkins Lauderdale Maplewood Minnetonka Osseo Plymouth Shakopee West St. Paul Gary Brown Craig Ebeling Jim Keinath Bruce Nawrocki Joe Sturdevant John Wallin Jim Gessele Dave Hinrichs Marvin Coppen Fred Hanus Dave Sonnenberg Vern Dehmer Fred Moore Mike Beard Bill Craig Also present as a guest was James Petro, Senior Vice President for New Heritage Associates in Iowa. James Strommen and Dave Kennedy of Holmes & Graven were also present. It was determined that a quorum of the votes of the Suburban Rate Authority was represented at the meeting. 3. GUEST COMMENTS: Mr. Petro gave a history of the development of cable services since the 1970s. He also described the revolutionary developments resulting from fiber optic cable and the evolving concurrent, but distinguishable capabilities of cable companies and telecommunication companies. In Mr. Petro's view, the technological capabilities of the two industries will result in significant competition, redefinition of "cable" services and mergers. Mr. Petro fielded questions from the Board members regarding the implications of these developments for cities, state regulatory commissions, and the FCC. 4. APPROVAL OF MINUTES: Mr. Beard moved to approve the minutes from the October 20, 1993 meeting and to ratify the actions taken by the committee of the whole, due to the lack of a quorum at that meeting. Mr. Keinath seconded the motion which carried unanimously. 5. REPORT OF TREASURER: Mr. Wallin reported on the financial status of the SRA as of December 31, 1993. (Report attached) . Mr. Wallin also reported that he had received bids from various accounting firms to conduct an annual audit. George M. Hansen & Co. offered auditing services for $775 a year, as compared to JMS33393 SU160-3 ___ \ E_._ $1,200 a year offered by others. Mr. Brown moved that the Treasurer's report be accepted and that George M. Hansen & Co. be retained to conduct the annual audit. Mr. Craig seconded the motion which carried unanimously. 6. COMMUNICATIONS: Mr. Strommen reported that Minnetonka had voted to rejoin the SRA effective January 1, 1994. Plymouth and Burnsville had reviewed SRA membership and decided to remain members. He reported on the SRA presentations to Minnetonka and Burnsville. He thanked Mr. Craig, Mr. Brown, and Mr. Moore for their support regarding SRA memberships of these cities. It was also noted in discussion that several of the Board members present at the annual meeting had effectively advocated continued SRA membership to their respective councils. Mr. Strommen also reported that Champlin had notified the SRA of its withdrawal effective January 1, 1994. It was unclear as to the specific reason (s) for the withdrawal. Mr. Strommen was informed that Champlin had withdrawn from other organizations and noted that it supported a merger of the SRA and the AMM. An extended discussion ensued regarding maintaining membership and improving the communication to member city councils regarding activities and accomplishments of the SRA. Suggestions ranged from increasing the mailing list to each member of the city councils, to more personal appearances before member and non-member city councils, to readable reports that highlight annual accomplish- ments. Mr. Brown moved that SRA staff circulate a draft of an annual report on SRA activities to be circulated among the Executive Committee prior to the April meeting. The ultimate goal being distribution of a short summary of SRA activities each year circulated to SRA member city councils during the spring. Mr. Dehmer seconded the motion which carried unanimously. 7. ELECTION OF OFFICERS FOR 1994: Mr. Craig reported on the recommended slate of Executive Committee members for 1994. He offered the following: Bruce Nawrocki Mark Bernhardson John Wallin Jim Keinath Gary Brown Fred Hanus Bill Craig Chair Vice Chair Treasurer Mr. Craig moved for the election of the slate. Mr. Beard seconded the motion which carried unanimously. 8. 1992 NSP RECONSIDERATION: Mr. Strommen reported on the final order issued by the Commission in December 1993 arising out of its reconsideration of two major issues in the 1992 NSP rate case: incentive employee compensation and return on equity. (see memo) . Mr. Strommen reported that a new member of the Commission created a new 3-2 majority in the Commission which allowed an additional $10 million in incentive employee compensation and return on equity of 11.47% (from 11%) . He noted that a significant disagreement was apparent between the two minority Commission members and the majority. The apparent new majority demonstrated a decidedly more pro -utility stance than that which existed when the predecessor Commission presided. JMS33393 SU160-3 9. 1993 MINNEGASCO FILING: Mr. Strommen reported on the status of the newly filed Minnegasco rate case. (see memo) . Hearings on the $22.7 million rate increase petition will commence this spring. The SRA has been authorized to intervene and monitor, and Mr. Strommen recommended continued authority to do so with the decision on issues to address to be deferred until testimony is filed. SRA experts have already reviewed the testimony and made suggested possible issue focuses. (see memo) . Mr. Dehmer expressed concern over the increasing customer service charge and its potential for a disincentive to energy conservation and unfairness to residential ratepayers. The Board expressed concern about that issue and recommended that specific attention be paid to it. Counsel authority to intervene on behalf of the SRA and monitor issues was reaffirmed, specifically including the customer charge. 10. TELEPHONE LEGISLATION STUDY GROUP: Mr. Strommen reported on the status of the telecommunications study group formed by the Commission to study possible legislation. (see memo) . Though a legislative proposal may be offered during the 1994 session, it is clear from the meetings that significant disputes exist over language and scope of any legislation, particularly between the local exchange service providers (e.g. US West) and long distance carriers (e.g. AT&T, MCI) . Mr. Strommen reported that the SRA gains in local telephone service rate design do not appear to be in jeopardy in any way. The competition and disagreement among the telephone carriers could well result in stable or decreasing rates and increased services to ratepayers. The Commission will hold a hearing regarding the status of this study group. Staff was directed to continue monitoring of this issue. The recent development of US West capabilities in offering video games, home shopping, and interactive computer services also raises the potential issue about city franchise rights over telecommunications companies proving cable-like services. SRA cities are urged to monitor the activity of telecommunications carriers, including US West in laying new fiber optic cable, as such activities may impact the city's infrastructure. No action was taken on that issue. 11. LOCATION OF NEXT MEETING: Mr. Gessele offered to explore a Hopkins/Minnetonka location for the April meeting. 12. CLAIMS: Fees and costs were submitted to the SRA from Holmes & Graven for $7,664.74 and from Chesapeake Regulatory Consultants for $1,323.30. Mr. Beard moved to accept the claims. Mr. Sonnenberg seconded the motion which carried unanimously. 13. ADJOURNMENT: There being no further business before the SRA, the meeting adjourned at 9:30 p.m. JMS33393 SU160-3 3 Attest: Chairman Secretary Attachments: Treasurer's Report Memo -1992 NSP Rate Case/1993 Minnegasco Filing Memo -Telecommunications Legislative Study Group JMS33393 SU160-3 = \ <-�, SUBURBAN RATE AUTHORITY ANALYSIS OF CHANGE IN CASH BALANCE FOR THE YEAR ENDED DECEMBER 31, 1993 Balance at January 1 Additions: Interest income Insurance rebate Special Assessments -See attached schedule Total Additions Deductions: Holmes & Graven - services Holmes & Graven - costs Messerli and Kramer Insurance Glenn Purdue Chesapeake Regulatory - services Chesapeake Regulatory - costs Publicorp Audit Dinner - guests Total Deductions Balance at December 31 1993 $ 88,040.07 $ 1992 91,504.12 $ 602.94 $ 2,191.37 54.00 57,938.50 63,376.00 $ 58,595.44 $ 65,567.37 $ 146,635.51 $–T-57,071.49 $ 74,212.43 $ 44,123.75 11,877.17 4,039.85 2,247.75 946.00 929.00 450.00 42,207.49 16,398.75 2,850.94 744.39 263.98 1,400.00 91.86 97.93 $ 133,849.87 $ 69,031.42 $ 12,785.64 $ 88,040.07 ----------- ----------- ----------- ----------- Note A: The breakdown of legal and expert fees and costs: General $ 15,472.20 $ 12,654.68 Legislative 399.87 985.50 Northwestern Bell 189.50 14,919.96 U S West 1,694.52 8,360.45 NSP -Gas & Electric 59,431.39 3,287.47 Minnegasco 54,001.33 10,503.46 Franchises 123.20 350.00 NSP Resource Plan 100.00 6,603.05 NSP - 1991 1,877.44 Uniform Electric Franchise 1,198.63 Combined Sewer 2,847.75 MWCC 4,416.10 Total Legal and Expert $ 131,412.01 $ 68,004.49 SUBURBAN RATE AUTHORITY STATUS OF ASSESSMENTS RECEIVABLE As of December 31, 1993 BALANCE VOTES ASSESSMENT PAID DUE Bloomington 18 $ 6750.00 $ 6750.00 $ 0.00 Brooklyn Park 12 4500.00 4501.00 -1.00 Burnsville 11 4125.00 4125.00 0.00 Champlin 4 1500.00 1500.00 0.00 Circle Pines 1 375.00 375:00 0.00 Columbia Heights 4 1500.00 1500.00 0.00 Deephaven 1 375.00 375.00 0.00 Eden Prairie 8 3000.00 3000.00 0.00 Edina 10 3750.00 3750.00 0.00 Fridley 6 2250.00 2250.00 0.00 Greenwood 1 375.00 375.00 0.00 Hastings 4 1500.00 1500.00 0.00 Hopkins 4 1500.00 750.00 750.00 Lauderdale 1 375.00 187.50 187.50 Maple Plain 1 375.00 375.00 0.00 Maplewood 7 2625.00 2625.00 0.00 Minnetonka 10 3750.00 0.00 3750.00 Minnetrista 1 375.00 375.00 0.00 New Brighton 5 1875.00 1875.00 0.00 North St. Paul 3 1125.00 1125.00 0.00 Orono 2 750.00 750.00 0.00 Osseo 1 375.00 375.00 0.00 Plymouth 11 4125.00 4125.00 0.00 Robbinsdale 3 1125.00 1125.00 0.00 Roseville 7 2625.00 3937.50 -1312.50 Savage 2 750.00 1125.00 -375.00 Shakopee 3 1125.00 1125.00 0.00 Shoreview 5 1875.00 1875.00 0.00 Shorewood 1 375.00 0.00 375.00 Spring Park 1 375.00 375.00 0.00 St. Louis Park 9 3375.00 3375.00 0.00 Wayzata 1 375.00 375.00 0.00 West St. Paul 4 1500.00 1500.00 0.00 Woodbury 5 1875.00 1875.00 0.00 received 1992 -1312.50 167 $ 62625.00 $ 57938.50 $ 3374.00 TO: SRA Directors and Alternates FROM: Jim Strommen DATE: January 7, 1994 RE: Report on NSP Reconsideration and new Minnegasco Rate Filing A. NSP Reconsideration. On September 1 and 29, 1993, the Public Utilities Commission issued its initial orders regarding the combined NSP gas and elec- tric cases originally filed on November 2, 1992. The SRA took a significant position in these cases regarding the FAS 106 recovery for prior unrecognized medical expenses and NSP's incentives com- pensation plan. The September 1 Order denied all of NSP's incen- tive compensation allocations, totalling $10,000,000. On October 5, the Commission voted to reconsider its original Orders on issues of return on equity and incentive compensation. Those matters came before the Commission on November 10. The Commission took on a new member appointed by the Carlson Adminis- tration, Marshall Johnson. After a long delay, the Commission issued its Order after reconsideration on December 30, 1993. This Order after reconsideration reflects a shift in the Commission's majority regarding utilities. First, the Commission raised the allowed return on equity for both electric and gas from 11% to 11.47%. Given the cost of debt, the overall rate of return allowed by the Commission is 9.31%, a $68 million total annual increase for electric and a $10 million increase for gas. Second, the Commission allowed most of the $10,000,000 incen- tive plan request of NSP. While acknowledging the SRA criticisms and those of the other parties opposing the incentive plan, the Commission allowed recovery of the incentive amount, if goals are met by NSP internally. JM863538 SU160-3 1 HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337-9300 LAURA K. MOLLET RONALD H. BATTY BARBARA L PORTWOOD STEPHEN J. Bt1BUL Facsimile (612) 337.9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY DOBBINS LARRY M. WERTHEIM STEFANIEN. GALEY BONNIE L WILKINS COARINE A. HEINE GARY WINTER P. JAMES S. HOLMES WRITER'S DIRECT DIAL _ DAVID L GRAVEN (1929.1991) DAVID J. KENNEDY 337-9233 JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON ROBERT C. LONG M E M O R A N D U M TO: SRA Directors and Alternates FROM: Jim Strommen DATE: January 7, 1994 RE: Report on NSP Reconsideration and new Minnegasco Rate Filing A. NSP Reconsideration. On September 1 and 29, 1993, the Public Utilities Commission issued its initial orders regarding the combined NSP gas and elec- tric cases originally filed on November 2, 1992. The SRA took a significant position in these cases regarding the FAS 106 recovery for prior unrecognized medical expenses and NSP's incentives com- pensation plan. The September 1 Order denied all of NSP's incen- tive compensation allocations, totalling $10,000,000. On October 5, the Commission voted to reconsider its original Orders on issues of return on equity and incentive compensation. Those matters came before the Commission on November 10. The Commission took on a new member appointed by the Carlson Adminis- tration, Marshall Johnson. After a long delay, the Commission issued its Order after reconsideration on December 30, 1993. This Order after reconsideration reflects a shift in the Commission's majority regarding utilities. First, the Commission raised the allowed return on equity for both electric and gas from 11% to 11.47%. Given the cost of debt, the overall rate of return allowed by the Commission is 9.31%, a $68 million total annual increase for electric and a $10 million increase for gas. Second, the Commission allowed most of the $10,000,000 incen- tive plan request of NSP. While acknowledging the SRA criticisms and those of the other parties opposing the incentive plan, the Commission allowed recovery of the incentive amount, if goals are met by NSP internally. JM863538 SU160-3 1 In a sharp dissent, Commissioners Kitlinski and Knaak criti- cized the majority's reconsideration of the two issues above des- pite the absence of any new facts. They noted that the majority's change of view "will cost NSP's gas customers approximately 1.3 million dollars annually; it will cost electric customers some 14 million dollars per year". This dissent and the tenor or the redeliberations reflects a potentially ongoing 3-2 split on the Commission. B. Minnegasco Filing. On November 5, 1993, Minnegasco filed a petition seeking a general rate increase of $22.7 million (3.6%) effective January 4, 1994. NSP failed to meet the filing requirements under the statute and failed to amend those requirements in time. Thus the Commis- sion rejected Minnegasco's filing as submitted on November 5. Minnegasco has since complied with the requirements and has com- menced an accepted filing as of December 29, 1993. The Executive Committee approved review by the SRA's expert consultant, Chesapeake Regulatory Consultants, of the petition for issues filing. The following highlights the CRC report. Because of the delay in Minnegasco's filing, the SRA can consider its level of intervention at the annual meeting. 1. Minnegasco proposes to recover the $14.2 million "acquisition premium" (excess over book value) for its recent acquisition of Midwest Gas. Minnegasco proposed to recover this from ratepayers over the next 23 years. 2. The filing also reflects increases in medical and pension benefits, environmental cleanup, conservation, and an infla- tion adjustment. 3. Minnegasco seeks weather normalization adjustments to elimi- nate the risk of warmer -than -normal heating seasons. 4. Minnegasco proposes to increase the monthly service charge to its captive customers, reducing the cost recovery necessary from sales volumes. 5. Minnegasco seeks additional monies from the manufactured gas cleanup costs, over and above what was allowed under the settlement from last year. 6. Minnegasco seeks approximately $1 million for expenses asso- ciated with an incentive compensation plan, similar to the one criticized by the SRA and other parties in the NSP case. 7. It appears that Minnegasco may be attempting to recover some or all of the FAS 106 transition obligation which Midwest Gas wrote off prior to its acquisition by Minnegasco. JM363538 SU160-3 2 CRC believes that the SRA can participate effectively on one or more of the above issues through limited discovery, cross examina- tion, and briefing only. The SRA budget probably only allows focus on one or two of those issues in a meaningful way. SRA counsel recommends the flexibility of evaluating the positions of the Department and Attorney General on these issues, then determining the level of SRA challenge and participation based on which issues the SRA's position may be unique and not cumula- tive. JM863538 SU160-3 3 TO: SRA Directors and Alternates FROM: Jim Strommen DATE: January 7, 1994 RE: Report on Telecommunications Study Group The SRA was invited to participate in a telecommunications study group formed for the purpose of establishing consensus legislation in the regulation of telecommunications carriers. The group includes local exchange carriers ("LEC") such as US West and United; long distance carriers such as AT&T and MCI; the Attorney General, Department of Public Service, Commission staff and various other groups including the SRA. Given budget constraints and the time intensive nature of legislative negotiating and drafting, the SRA has taken a monitor- ing position. The group and subgroups have met very frequently and at length over language in proposed legislation. To engage actively in such sessions would be beyond the SRA's capacity. Nevertheless, the participation in this process is very enlightening regarding the interests of the most active partici- pants. At this point it does not appear that there will be consensus legislation presented to the legislature this session. There may be a bill sponsored by the LECs and the Attorney General's office dealing with some aspects of the telecommunica- tions regulation statute. It is clear that the most significant disagreements exist between the long distance carriers (such as AT&T, MCI, GTE Sprint) and the monopoly LEC US West, United, ConTel and others. Among the major points of contention are the rates charged by LECs for access to the local system needed by long-distance carriers, the ability of long-distance carriers to provide selected "local" services in a local calling area without being required to provide all services (e.g., business private exchange branch calling v. non-profitable dial tone in low-income housing). Another major issue affecting JMS63539 SU160-3 HOLMES & GRAVEN CHARTERED JOHN M. LEFEvRE, JR. Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337-9300 LAURA K. MOLLET BARBARA L. PORTWOOD RONALD H. BATTY STEPHEN J. BUBUL Facsimile (612) 337-9310 JAMES M. STROMMEN JABS J. THOMSON, JR. JOHN B. DEAN MARY G. DOBBINS LARRY M. WERTHEIM BONNIE L WILKINS STEFANIE N. GALEY CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929.1991) DAVID J. KENNEDY 337-9233 OF COUNSEL JOHN R. LARSON ROBERT C. N WELLINGTON H. LAW ROBERT L. DAVIDSON CHARLES L. LEFEvERE LONG ROBERT C. LONG M E M O R A N D U M TO: SRA Directors and Alternates FROM: Jim Strommen DATE: January 7, 1994 RE: Report on Telecommunications Study Group The SRA was invited to participate in a telecommunications study group formed for the purpose of establishing consensus legislation in the regulation of telecommunications carriers. The group includes local exchange carriers ("LEC") such as US West and United; long distance carriers such as AT&T and MCI; the Attorney General, Department of Public Service, Commission staff and various other groups including the SRA. Given budget constraints and the time intensive nature of legislative negotiating and drafting, the SRA has taken a monitor- ing position. The group and subgroups have met very frequently and at length over language in proposed legislation. To engage actively in such sessions would be beyond the SRA's capacity. Nevertheless, the participation in this process is very enlightening regarding the interests of the most active partici- pants. At this point it does not appear that there will be consensus legislation presented to the legislature this session. There may be a bill sponsored by the LECs and the Attorney General's office dealing with some aspects of the telecommunica- tions regulation statute. It is clear that the most significant disagreements exist between the long distance carriers (such as AT&T, MCI, GTE Sprint) and the monopoly LEC US West, United, ConTel and others. Among the major points of contention are the rates charged by LECs for access to the local system needed by long-distance carriers, the ability of long-distance carriers to provide selected "local" services in a local calling area without being required to provide all services (e.g., business private exchange branch calling v. non-profitable dial tone in low-income housing). Another major issue affecting JMS63539 SU160-3 agreement on expanded legislation on alternative forms of regula- tion is whether the LEC's should be required to undergo a rate case prior to participation under the expanded statutes. The LEC's do not want a rate case, the long distance carriers do. Interest groups other than the LECs are particularly sensitive to the apparent high return on equity US West has earned during the incentive plan (ave. 14.+%) when the traditional rate of return that probably would have been allowed was about 11%. There would be numerous major and even unanticipated issues arising out of any legislation affecting telecommunications carriers. It is clearly in the SRA's interest to continue monitoring this process. It is unlikely that any significant legislation will be enacted in this session for two reasons: The principle players do not seem to be able to agree on significant issues and this legislative session will be dominated by the Prairie Island nuclear facility debate. For the foreseeable future, US West rates will not increase and any tiered system of rates will not be introduced. Thus the gains to suburban communi- ties of flat rates across the Twin Cities will continue to accrue. JM963539 30160-3 2 Plymouth City Briefs From: Helen LaFave, 550-5016 January 25, 1994 Plymouth City Council appoints Ward 2 Councilmember On Jan. 24, the Plymouth City Council appointed Sheryl Morrison to the Ward 2 City Council seat. She will officially assume her new duties on Feb. 7 when she takes the oath of office. As Ward 2 Councilmember, Morrison will represent the southwest quadrant of Plymouth. Morrison lives in the Parkers Lake area. She has been an attorney with the law firm of Mackall, Crounse and Moore in Minneapolis for the past six years. Previously, she served as a law clerk with the Hennepin County Attorney's office. She earned both her undergraduate degree and law degree at the University of Minnesota. Morrison was among eleven Plymouth residents who applied to fill a vacancy that was created when Joy Tierney resigned the Ward 2 seat to assume the office of Mayor. Under the City Charter, the City Council was charged with appointing a replacement to fill the remainder of the Ward 2 term. The term runs through 1995. The Council advertised for applicants to fill the seat, required each candidate to fill out an extensive written interview and personally interviewed each candidate. Council meetings to include open forums Beginning Feb. 7, the Plymouth City Council will offer citizens an opportunity to informally address the City Council at the beginning of each Council meeting. The first fifteen minutes of every meeting will be dedicated to an open forum at which citizens may raise any concern to the Council. City Council meetings are typically held on the first and third Mondays of the month at 7 p.m. City seeks firefighters The Plymouth Fire Department is seeking applicants to serve as paid, on-call firefighters. Applicants should be available to respond to fire calls from 6 a.m. to 6 p.m. and must live or work within five minutes travel time of a Plymouth fire station. Applicants must have a Minnesota drivers license and be nonsmokers. Successful completion of a Minnesota firefighter course from a technical or community college and medical training is also desired. Applications are due Mon., Feb. 28. To have an application mailed to you, call the Public Safety Department at 550-5160. metroVOICE Metrotitan 6DUnCH A Metropolitan Council Publication on Twin Cities Area Issues January 1994 In one of several kudos given the Twin Cities region in 1993, Money Magazine ranked us one of the three most liveable urban areas in the U.S. But we also face critical challenges. Parts of the region are distressed. F71 The problems are complex: lack IL of jobs and adequate job training, run-down housing, spreading poverty, a weakened sense of community, and crime. If ignored, these problems will over time jeopardize the region's quality of life and its ability to succeed in the world economy. What's needed is a workable strategy to address problems of distressed areas wherever they are in the seven -county area. In addition, a broad collaboration is needed to marshal individual efforts into a sustained, unified effort by public, private and nonprofit groups. If ignored, problems in the metro area's distressed areas will over time jeopar- dize our quality of life and ability to succeed in the world economy. The Metropolitan Council is consider- ing a strategy of redevelopment and reinvestment in distressed areas, and developing partnerships to support the effort. The strategy is designed to appeal to interests of central cities and suburbs. Reinvestment is one of four broad efforts in the Council's Regional Blueprint, a proposal to guide the region's growth and redevelopment The other three efforts are: creating a regional economic strategy, providing effective and efficient regional services to support growth, and protecting the environment The reinvestment strategy is not a quick fix. Rather it's a multi -faceted effort to be carried out over several years to provide more and better jobs, improved housing, stronger tax bases and renewed confi- dence in formerly distressed neighborhoods. The strategy calls for solutions to match the problems: - Attracting economic development Reduce cost differences between subur- ban development and urban redevelop- ment One way is to focus tax -increment financing on distressed areas. - Cleaning up polluted sites. Land contamination is the most frequently mentioned deterrent to reinvestment. - Exploring creation of enterprise zones. Use financial tools to focus new investment and hire local residents. • Promoting cooperation and informa- tion -sharing. Encourage government officials and private developers to work closely together. In addition, cities would share information about what works and doesn't work in redevelopment projects. • Targeting neighborhood housing programs. Support home ownership and rehabilitation in distressed areas, and explore ways to make rental units more affordable. • Combatting poverty. 1) upgrade housing and services in distressed areas; 2) provide more low-cost housing in suburbs; and 3) improve accessibility to jobs, education and shopping. In months to come, the Council will work in partnership with businesses, government units, developers, nonprofits and others to begin a sustained rebuilding effort. It represents a big step forward for distressed areas and the region's ability to compete in the changing world economy. Jim Martin Council calls for increased Funds to acquire land and develop the Twin Cities area's regional parks have been drying up in recent years. To respond to growing needs, the Metropolitan Council proposes to reinvigorate the area's park system by investing about $29 million during the 1994-95 biennium. The funds are drawn from two sources: state appropriations and regional bonds. State funds, the primary source of capital funding, have fallen sharply since 1988. State bonds and grants fell from an average of $10 million annually from 1977 to 1987 to about $3 million since 1988 (see chart). Yet demand continues to rise. Visits have tripled in the last 13 years, according to estimates (see chart). The parks had 16.4 million visitors in 1992, twice the visits to Minnesota state parks that year (see chart). This rapid increase reflects the importance of parks in an urban setting, and the overall quality of life. New funds are proposed for develop- ing two new facilities -Lake Minnetonka Regional Park (Hennepin County) and Burlington Northern Regional Trail Metropolitan Council parks fundink- (Ramsey County); a new picnic pavilion at Como Park; repairs to Coon Rapids Dam; replacing a beach house at Bush Lake; replacing worn-out facilities in Minnehaha Park and Lake Harriet; and buying land from owners within several parks. In February the Council will present the legislature with a biennium request of $14.8 million in state bond authority to continue acquisition and development. (The request recognizes that park users also come from outside the metro area.) The Council will supplement that by issuing a total of $13.4 million in regional bonds for 1994-95. To address wear and tear on older parks, 55 percent of the funds will go for redevelopment. About 29 percent will go to develop acquired sites and 16 percent is for new acquisitions. The Council can issue the bonds because it will reduce its park bonding debt from $40 million (the maximum allowed by state law) to $15 million by paying off $25 million in March. To make full use of its parks bonding capacity, the Council plans to issue about $6.7 million in regional bonds each year. These short-term, five-year bonds will provide a steady source of funding for future improvements. The Council estimates that an investment of about $29 million in regional parks in 1994-95 would produce an economic impact of $56 million and would create 734 jobs. The Council will hold a public hearing Feb. 10 on improvements proposed for regional parks. (See "Future parks projects," page 3). Jim Martin Twin Citians drive more than half way to the sun each day. If we put all our car trips end to end, our combined daily commute is a whopping 55 rr M: 3 million miles a day Each car below accounts for part of the 32 million -mile growth, as folio Longer trips due to urban growth. More trips per traveler. More travelers. Adds 10 million miles. Adds 9 million miles. Adds 8 million miles. fact: For every 100 new jobs, there are 88 more cars going to work. Advocating regional economic, societal and environmental issues and solutions = —_3 3 Future parks projects- Projects rojects Projects proposed for regional parks and trails from 1994 through 2000 will be the subject of a public hearing Feb. 10, held by the Metropolitan Council's Committee of the Whole. The hearing on the parks capital improvement program (CIP) will be held at 4:30 p.m. in the Council Chambers. To obtain a copy of the CIP, call Council's Data Center at 291-8140, or 291-0904 (TDD). To speak, please register by calling 291-6312. Send written comments to Arne Stefferud, Metropolitan Council, 230 E. Fifth St., St. Paul, MN 55101. Hearing record closes Feb. 25, 4:30 p.m. For more information, call Arne at 291-6360. on miles a day. 1990: 55 million miles a day Choosing to drive alone. Adds 5 million miles. Source: Metropolitan Council The following publications have been published recently by the Metropolitan Council. To order, write the Metropolitan Council Data Center, 230 E. Fifth St., St. Paul, MN 55101. These publications are also available at major public libraries in the metropolitan area. Note: Customers must now add sales tax to the price of documents: St. Paul residents and organizations add 7%; all others, 6.5%. Quarterly Economic Indicators, Third Quarter 1993. No. 620-93-099; $1.50. Residential Building Permits Issued in the Twin Cities Metropolitan Area During January - September 1993. No. 620-93-103; $1.50. Metropolitan Council Landfill Abatement Account: Fiscal Year 1993 Expenditures and Activities Report No. 522-93-054; no charge. Metropolitan Council 1994 Local Planning Assistance Loan Guidelines. No. 800-93-101; no charge. Metropolitan Area Community Water Supply Plan Content Guidelines. No. 590.94-007; no charge. Metropolitan Council 1992 Program Evaluation Report. No. 100.93-092; no charge. Metropolitan Council members and their districts Dottie Rietow, chair, Roger Scherer, 1; Big Schreiber, 2; Mary H. Smith, 3; Julius C. Smith, 4; Sondra Simonson, 5; Martha M. Head 6; Barbara Butts Williams, 7; Carol A. Kummer, 8; David Hartley, 9; Patrick C. Leung, 10; Esther Newcome, 11; E Craig Moms, 12; Diane Z. (DeDe) Wolfson, 13; Stephen B. Wellington, Jr, 14; Kevin Howe, 15; Terry Flower, 16. Capture competitive strength of region �Larry Bakken, former Golden Valley mayor, chairs a Metropolitan Council committee studying international economic competitiveness. He is a law professor at Hamline University, and served as chair of the National League of Bakken Cities' International Municipal Consortium. Committee members represent the Minnesota Trade Office, Minneapolis, SC Paul, Bloomington, Roseville, Pillsbury Co. and the University of Minnesota's Humphrey Institute. The committee complements the Metropolitan Council's work on regional economic growth, the Regional Blueprint. Voice: What is a regional international economic strategy? Bakken: As part of the committee's vision of the region as a world-class, international community, the metro community would pool strengths to form an alliance among core cities and suburbs. We must recognize the need to function together to stay globally competitive. We must gear education and training to the future international economy, incorporate growing ethnic and racial diversity, and reduce concentrations of poverty. MINNESOTA ECONOMY FACTOIDS • Exports of manufactured goods, 1992: $7 billion • Annual export growth since 1985:11.5 % • U.S. export growth last year: 6.5 % • Minnesota's rank in exports last year: 17th • Percent of Minnesota's manufacturing firms in metro area: 65 % source: h(Witsou Trade o/rKe Voice: Why does the strategy have to be regional? Why can't businesses and cities simply develop their own strategies? Bakken: Our metro area is an interde- pendent community. Only if we work together instead of forming separate and counter-productive plans, can we be a world-class competitor. The Twin Cities has globally competitive firms that have developed their own international strategies over the years. But increased global competition is now turning entire metro areas into players in the world economy. While the cities of Minneapolis and St. Paul are working on international trade opportunities, our region's cities have not adopted a unified global economic strategy. Clearly, a strategy by one city or company cannot capture the competitive strength of our entire community. Voice: Who would benefit mos4 suburbs or core cities? Bakken: Everyone. A regional strategy comes from the cooperative spirit the community has shown over the past 20 years. Companies would generate more business. Central cities and older suburbs would gain from more emphasis on infrastructure, education and partnerships. Newer suburbs would benefit by their many competitive and growth -oriented companies. Other metro cities would gain from fiscal disparities—shared tax revenues from commercial and industrial growth. Voice: Are other metro areas ahead of the Twin Cities? Bakken: Yes. Seattle has formed a partnership among counties, cities, businesses and others to become a major harbor, distribution center and gateway to Asia. Atlanta has become an international city, making good use of its airport. Orlando has focused on international markets irr, tourism and aerospace. Toronto has clearly emerged as a world- class city in its culture, relative social harmony, and linchpin status in Canada's economy. Voice: Is the Twin Cities' economy 'insular'? Bakken: No. Minnesota exports are ahead of most states. But the metro area's strong social and economic fabric leads to complacency. We can't limit ourselves to being an Upper Midwest success. We're not talking about simply developing markets. It's really about building a foundation for our children over the next 10 to 25 years. A Publication of the Metropolitan Council Metro p Council Metropolitan Bulk Rate January 1994 Mears Park Centre U.S. Postage The Metro Voice reports monthly on activities of 230 East Fifth Street PAID the Metropolitan Council and issues of regional St. Paul, Mi esota 55101-1634 Mpls., MN interest For more information, call the Data 9 Permit No. 1610 Center at (612) 291-8140, or 291-0004 (TDD). 16 1 jQ The Council conducts long-range planning and ss Cofrectio ts,-- ted) research for the Twin Cities metro area, coordi--�, nates regional planning among local govern- + ments and metro agencies, and collaborates with the public and private sectors in solving ; critical regional problems. JA„2 0 1924 M B E R G M A N 19840 Metropolitan Council, Mears Park Centre, 230 MAOR Y OF PLYMOUTH E. Fifth St,StPaul, MN55101.Telephone(612).�—Q_I 3 00 PLYMOUTH BLVD 291�i359,or291-0904 (TDD). R YMOUTH MN 55447-1448 Executive Director, Richard Johnson Director of Communications, Judy Hohmann; Editor, Jim ~' Martin; Graphic Designer, Cliff Burns. N, ® The Voice is printed with vegetable-based ink on recycled paper containing at least 101/6 postconsumer paper fibers. Z League of Minnesota Cities Cities Bulletin Number 1 Volunteers wanted for League's Legislative Advisory Committee Duke Addicks Elected and appointed city officials are encouraged to volunteer to serve on the League's Legislative Advisory Committee created by the League's Board of Directors. The deadline for application is February 4. Please contact Duke Addicks at the League office if you are interested. A series of 10 meetings over the next 18 months will be scheduled. The task of the committee will be to complete a review of the League's state and federal policy formulation and lobbying process so that the board can make any necessary modifications in order to ensure maximum member participation and ownership, and maximum effectiveness for its inter- governmental relations activities. The League's president will make the appointments in early February and the committee will begin meeting immediately to review and suggest improvements to the policy adoption process. 0 January 21, 1994 Applications for conditional use permits/ variances The League's research department is looking for conditional use permit and variance request application forms to add to its reference collection. If your city has a form for either or both of these purposes please send a copy to League of Minnesota Cities, Attn: Library, 3490 Lexington Avenue North, St. Paul, MN 55126.0 Research complete on property tax reform bill Gary Carlson To more fully understand the impact of H.F. 921, also known as the Neary/Kelley property tax reform bill, the League contracted with the city of Minneapolis to analyze the bill. H.F. 921 proposes several major changes in the current property tax system. The bill would eliminate homestead and agricultural credit aid and greatly reduce LGA. In exchange, the bill would shift more state resources to K-12 education finance and would greatly expand the homeowner's circuit breaker program to provide property tax relief to individuals based on income and property tax burden. Generally, H.F. 921 would substantially shift property taxes away from commercial, industrial, and apartment properties. Homeowners would bear most of the shifting property tax burdens. 10 buffer the impact of the increases on homeowners, the bill would expand the homeowners' circuit breaker program by increasing tic funding from the current $51 million per year to an estimated $238 million per year. 'Ib our knowledge, no detailed, city -by -city analysis of the bill has been conducted. During the last legislative session, the Department of Revenue did analyze the bill on a statewide, seven -county, and Greater Minnesota basis. Unfortunately, the results were difficult to interpret for individual cities. In addition, at least one of the department's runs assumed that cities would only levy for two- thirds of any lost state aid .unounts. Although the League cannot determine whether this assumption is realistic, we believe that it misrepresents the overall impact of lost services on taxpayers. Although the impacts ol' I I.I. 921 would exacerbate the recent properly tax problems, the 1994 Legislature will likely revisit I I.F. 921 or compo- nents of the bill. In addition, rumors abound at the Capitol of Ncary/Kelley 11. Although we do not know what might be in this bill, the League will be ready to analyze its impacts. If you have questions about the impact of I I.F. 921, please contact Gary Carlson or Duke Addicks at tie League offices. 0 =_ Futures committee studies board membership, nominating process The League's Futures Committee met for the first time in January to discuss two of many issues: the League's nominating process for board membership and the makeup of board membership. The committee will present it's recommendations to the LMC Board of Directors in the coming months. Jim Miller, executive director for the League of Minnesota Cities, said member city officials have expressed concern about these topics and wanted a group of city officials to examine the issues further. In their discussions and actions, the committee members voted to recommend limiting the number of years a city official could serve on the board of directors to four years (excluding time served as an officer). They also suggested that the nominating committee meet the first day of the League's annual conference; that applications for nomination be submitted at least one week before the nominating committee meets, and that the League solicit nominations two months prior to the annual conference. The committee asked staff to publicize and clarify the nomination process. They suggested showing examples of letters of support, and explaining that others may speak in support of the candidate before the nominating committee. They asked that the solicitation include publication of the nominations form. On the issue of board representation, the committee recommend- ed keeping designated board seats for the Association of Metropolitan Municipalities, the Coalition of Greater Minnesota Cities, and the Association of Small Cities. The committee also felt that Minneapolis and St. Paul should have seats on the League board, but that candidates should go through the nominations process like other candidates. Because Minneapolis and St. Paul do not now have representatives on the board, the committee suggested the cities appoint liaisons to the board to attend, but not vote. The next meeting of the Futures Committee will be on February 24, 1994. Topics will include League support for Minnesota officials who serve on National League of Cities committees, items the Legislative Advisory Committee may forward to this committee, and a strategic plan for the League. 0 Bob Demuth, Worthington Mayor and Futures Committee co-chair led the discussion on board membership. Millie MacLeod, Councilmember, Moorhead and Frank Salerno, Councilmember, Ely discussed the board membership issue. Eden Valley Mayor Dorathy Theisen listens to the discussion of the current nominations process. January 21, 1994 Page 3 City engineers' annual meeting: Funding alternatives, changing roles, local traffic, and metrics Sarah Hackett The annual meeting of the Minnesota City Engineers Association, January 12 - 14, focused on the changing role of city engineers in city government and with other community agcncics. Survival skills LMC Executive Director Jim Miller presented some "survival skills for the '90s;' including advice on relationships with city managers and councilmembers. He said that the gap between expectations and revenue realities will continue to plague infrastructure projects, and that meeting "customers' expectations" was going to be an increasingly important task for cities. Approximately 150 conference attendees also heard about changes that will be necessary to comply with the federal requirement to change to metrics measurements in 1996. Other issues were legal issues for city engineers, stormwater permitting, advice on local traffic tools, and practical applications of the Americans with disabilities act (ADA). Legislative preview Sarah Hackett, LMC Intergovern- mental Representative, and Chris Hood, representing the Rural Initiative Coalition, provided briefings on proposals and expectations for the 1994 Legislative Session. Governor's pledge MnDOT Director of Public Affairs, Bob McFarland discussed plans for the 1994 legislative session and beyond. According to McFarland, although Governor Carlson under- stands the pressing transportation needs across the state, he will not be supporting any tax increases in 1994, including the gas tax. Instead the governor expects "innovation, creativi- ty, and reprioritization" to help address immediate problems resulting from inadequate transportation funding. According to a position paper prepared by Bill Schreiber, the newly appointed Director of the Office of Intergovern- mental Policy, Governor Carlson is considering proposing a combination of bonding and surplus funds to address immediate transportation needs. Proposals for 1995 McFarland also discussed the proposals that Governor Carlson plans to make in 1995. "Changes in die funding policy structure" are likely, rather than an increase in the gas tax. This includes a proposal to change the Search is underway for 1994 All-American Cities The National Civic League is now accepting applications for the 1994 All-American City Awards. Ten communities from across the country will be honored with the award. Award applicants are asked to describe three community betterment projects initiated by citizens that reflect a spirit of innovation and cooperation, and involve a broad base of the population. For more information on the All- American City Award Program, or to request a free application, contact Wendy Dickstein at the National Civic League at (303) 571-4343.0 constitutional and statutory dedication of the gas tax and vehicle registration revenues. The Governor will support constitutionally dedicating a part of the highway user's distribution fund for transit purposes, along with substantial changes in the governance of transit programs. Any changes to the constitutional dedication of the distributionfund would likely result in decreased funding for the municipal state aid (M.S.A.) distribution to cities over 5,000. MnDOT plans to again ask the Legislature to create a "mega projects commission" to address the large funding needs of projects such as light rail transit (LIZT) and reconstruction of Interstates 35-W and 494. Area wide transportation partnership Dennis Carlson, MnDOT State Aid Engineer, said MnDOT is plan- ning to issue recommendations for more consistent memberships on areawide transportation partnerships (ATPs) with broader perspectives [see article on Senate Transportation hearing]. lie said that MnDOT has also decided that state trunk highway funds will not be included in distributions to ATPs for spending on a regional basis; trunk highway planning and spending will return to [lie state level. Carlson did say, however, that, in the future, MnDOT hopes to allow ATP spending decisions to be final, "as much as possible." Future distribu- tions to ATPs, currently based solely on the vehicle miles traveled in that area, may be expanded to include per capita income information, and could include a calculation based on the actual gas taxes and registration fees paid within each ATP area. 0 Page 4 I.MC Cities Bulletin 4 4 January economic update released Sales tax revenues though November are flat Gary Carlson Despite speculation that local government trust fund (LGTF) revenues might be rebounding, the January economic update indicated that actual sales tax collections for the second quarter of FY 1994 were slightly less than the November forecast for that time period. Motor vehicle excise tax collections were only slightly more than forecasted amounts. This update does not improve the outlook for the local government trust fund. Last Novem- ber's forecast showed an LGTF deficit of $44.3 million. If LGTF revenues do not rebound or if die 1994 Legislature does not address this situation, LGA and HACA due to be paid in 1994 will automatically be cut to balance the LG'I'F. Overall, the state tax collections exceeded the forecast by $15 million or approximately LI percent. Most of the increase was the result of increased collections for individual income taxes. Sales tax collections, two cents of which are dedicated to the local government trust fund, were down by slightly less than $1 million, or 0.2 percent from the November forecast. Motor vehicle excise tax collections, a portion of which also are dedicated to the LGTF were up by $2.5 million or approximately 5.8 percent. The January economic update does not reflect sales tax collections LA for sales during Ute economically important munch of December. The relative success of the holiday season could have a significant impact on the status of the LGTF. We will have a clearer picture of which direction sales tax revenues are headed when the next official state forecast comes out March 1. 0 F.Y. 1994 Second Quarter Tax Receipts (dollars In millions) Tax Source Change from November 1993 Forecast Percent Variance Individual Income Tax +15.8 2.7%, Sales Tax -0.9 --- -0.2%--------- Corporate Income Tax -14.1 -14.2% Motor Vehicle Excise Tax +2.7 5.8% Other taxes +11.5 5.60/v Total Tax collections +14.9 I 1.1 State already spending surplus Gary Carlson Although the state is only seven months into the current biennium that won't end until June 30, 1995, current state law is already requiring the state to spend a general fund surplus that is only projected. Under that law, the state must first use any forecasted surplus to increase the state's budget reserve to $500 million. Any addition- al surplus must be used to reduce the school levy recognition percentage. January 21, 1994 On January 5, Finance Commis- sioner John Gunyou was required by law to inform the Deparunent of Education of the resources available to reduce the levy recognition percent- age. Although the excess surplus (resources available after restoring the reserve to $500 million) is $290 million for the biennium, the depart- ment of finance projected that only $172 million would be available in the 1994 fiscal year. This change could all'cct the January 30 school aid distribution to schools. Although Ute earlier payment of school aid has very little direct impact on taxpayers, school districts will experience some cash flow benefit as a result of receiving more state aid sooner. However, school districts will not receive any additional revenue above their formula allowance. The school levy recognition shill is caused by die lack of alignment of See Surplus, poke G Page 5 Surplus, continued from page 5 die school fiscal year, which ends on June 30, and property taxes which are paid in May and September of each calendar year. The levy recognition policy specifies the amount of May property tax collections recognized as receipts for the school year that ends on June 30. Currently, all of the May tax collections recognized as revenue for die school districts in the school year that ends on June 30. The other half of the taxes are recognized as revenue for the school year that begins on July 1. If the recognition percent- age is reduced, the state is automati- cally required to pay more school aid in the current school year so that each school district receives the per pupil revenue required by law. Legislative support for reducing the levy recognition percentage appears to be mixed. Reducing the levy recognition percentage produces little, if any, benefit for taxpayers. On the other hand, reducing the levy recognition percentage is a one-time advance to schools that could be recalled by the state in the event of future state budgetary problems. Reducing the recognition percentage also provides a one-time improvement in the cash flow situation for school districts. With the projected state surplus already being used, cities will have a tougher time arguing for a solution to the LGTF shortfall. However, many legislators are aware of the irony of expanding the state's surplus while cities and counties face very real state revenue sharing cuts. 0 FOUNDATIONS FOR THE FUTURE The 1994 Congressional City Conference, which will be held in Washington, D.C. from March 12-15, provides a timely opportunity for the leaders of the nation's cities and towns to share information, define priorities, and establish a strong presence as vital partners in the process of rebuilding America. Given the environment of change in Washington and the needs of our cities and towns, you cannot afford to miss this important conference. Unless you come, you won't be able to help. ANNUAL CONGRESSIONAL CITY CONFERENCE Washington Hilton Hotel and Towers March 12-15,1994 Washington, D.C. For more information, write or call National League of Cities 1994 Congressional City Conference National League of Cities Institute 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 (202) 626-3100 Page 6 LMC Cities Bulletin P =_4 Area wide transportation partnerships criticized Sarah Hackett On "Tuesday, January 11, the Senate Transportation Committee heard several perspectives on areawide transportation partnerships (ATPs). The Minnesota Department of Trans- portation (MnDOT) established nine regional ATPs to set priorities on transportation needs and establish plans for spending federal ISTEA (the intermodal surface transportation efficiency act of 199 1) funds. Sen. Florian Chmielewski (DFL - Sturgeon Lake) convened the hearing to receive public comments about the first year of the ATP process. Sarah Hackett, LMC Intergovernmental Representative, told the committee that there was dissatisfaction with the first year of the ATP distribution process. 77►e nine regions, developed to meet existing MnDO1' districts, have not always provided natural groupings of counties, cities, regional develop- n►ent commissions, and metropolitan planning organizations. Hackett said that MnDOT's lack of guidance or recommendations about the memberships of ATPs had contrib- uted to membership and representa- tional problems. As a result, the number of members ranges from eight in the Willmar area to 87 in the metro area; three districts have no elected city, county, or township officials serving on the ATP; representatives from cities under 5,000 population and from townships have generally been excluded; over 75 percent of all Al? members are engineering profession- als; and one ATP has no transit representative. Hackett also discussed the impacts of the change from the previous federal allocation system of federal aid urban funds which guaranteed some funding for cities in the state, to a competitive system within a broad region. She told the committee that with increasing constraints on city spending, planning for project% which have minimal chance for ISTEA funding receives low priority. Brian Shorten, Executive Director of the Fargo -Moorhead Metropolitan Council of Governments, presented a Rural Initiatives Coalition (RIC) proposal. He told the committee that the MnDOT process of ATPs has diluted the decision-making and project selection power of local leaders and has caused undesirable competition between local and state projects, funding distribution inequi- ties, (and) a weakened transportation planning process. IllC is advocating a new systcn► to distribute some ol' the ISTI'A funding through rural area funds and small urban area funds to guarantee adequate funding distributions across the state. The proposal was introduced in S.F.816 during the 1993 legislative session and is expected to have further discussion during the 1994 session. Please contact Sarah Hackett at the League for more information on ISTEA and the ATP process. 0 League studying its personnel services Sharon Klumpp The League is evaluating a range of service and delivery options for providing personnel services to member cities because Sherrie Le, the League's personnel advisor has left to become the human resources director for Maplewood. Since 1990, more than 60 cities have contracted with the League to perform a wide range of personnel services including performing job evaluation studies, complying with pay equity, developing salary ranges, drafting or revising personnel policies, advising cities on how to set up hiring processes, preparing employee selection instruments, and developing job descriptions. In addition, the personnel advisor has responded to hundreds of telephone inquiries from member cities on personnel matters. This vacancy gives the League an opportunity to consider a range of options for continuing our existing level of personnel services and possibly expanding into new areas such as supervisory training and labor relations services. Options the League is considering include hiring in-house staff, contracting for professional services, developing a joint venture with a service provider, or any combination of these options. 1'or that reason, die league is concurrently recruiting fora personnel advisor and soliciting proposals from qualified individuals and firms interested in providing all or part of our personnel services on a contractual or joint ventures basis. The League wants to provide members with a high quality service that meets cities' individual needs. A survey of current and former users of our personnel services is helping us learn more about the features of this service Utat are most important to users. If you are not a user of the service but have some comments on d►e future direction for the Lea,_,ue's personnel services, contact Sharon Klumpp at the League. During this evaluation process, the League will continue to provide personnel services to its members, although contract work may take longer until we complete staffing for our personnel services. Cities interest- ed in contracting with the League for personnel services should contact Laurie Behrewls at the i.eague off ice, 490-5600.0 January 21, 1994 Nage 7 School boards group changes position: Will support uniform local elections Ann Higgins Members of the Minnesota School Boards Association have adopted a resolution supporting uniform local elections in which cities, counties, and school districts would all hold regular general elections in November of odd - numbered years. The resolution, submitted by the MSBA Board of Directors and the Dassel-Cokato School Board, represents a dramatic shift in the school board position. Until now, they have opposed moving school district elections to November. The League also has a policy support- ing legislation creating a schedule of local elections in November, but our policy leaves it up to cities to deter- mine whether to hold regular elections in even or odd -numbered years. The League also wants to keep current city authority to set the date for regular and special elections, including home rule charter authority governing city elections. There is a strong probability that the Legislature will act on this issue this session. In 1993 the Senate approved consolidated elections legislation (S.F. 1512 -Luther) after removing all reference to school board elections. The House author (Representative Tom Osthoff-St. Paul) refused to accept the bill when it was reported from the Senate and requested that the House bill be returned to the House General Legislation Committee. As a result, it is possible that the House and Senate may resolve this issue in a conference committee once session begins in late February. Talk to your legislators 'fake this opportunity prior to session to talk with area legislators about the Page 8 city's outlook on combining local elections. It is important for lawmakers to understand how placing school board elections on the same day with regular city elections would affect voters. Many cities hold elections in even - numbered years to maximize voter turnout and to avoid the added cost of conducting elections in the off-year. The city will bear both added expense and responsibility for preparing and conducting a combined elections if the Legislature approves moving all local elections (other than townships) to November of odd -numbered years. The school boards' resolution The MSBA resolution also supports four-year terms for school board members, extending current three-year terms to accommodate the transition. The resolution also puts MSBA on record in support the League's position that special elections can occur as they do under current law. \ Other issues Cities are concerned about circum- stances where city and school board elections are held on the same day. This is very important for cities where school district boundaries overlap city precinct (and ward) boundaries. The League worked to require school districts to pay a share of the city's cost of conducting combined elections. MSBA has called on the Legislature to authorize the secretary of state to develop rules for the allocation of costs among cities, counties, and school districts when elections are held at the same time. Many legislators continue to be interested in limiting the number of local elections. City officials believe that such efforts must be tempered with concern about the added city expense for conducting combined elections. Cities are also concerned that voters, too, will find the adjustment confusing if they vote in a precinct where many different ballot styles must be printed and distributed at the polling places. 0 Newly elected women invited to meeting February 4 Ann Higgins Diann Goetten," Councilmember, Orono, and President of Minnesota Women in City Government (MWCG), invites newly elected women city officials to a MWCG board/membership meeting on Friday, February 4, 4:45-5:30 p.m., in the Minneapolis Room of the Sheraton -Midway Hotel. The LMC Newly Elected Conference will be held the next day. Following the meeting, MWCG invites you to have dinner in the hotel atrium. Cost is $12.25. After the dinner,MWCG is sponsor- ing a program"Stress Reduction Through Time Management". Reservations are necessary for the dinner; payment accepted during the meal. Please call Ann Higgins or Julie Johns at the LMC Office no later than Wednesday, February 2, to make reservations (612-490-5600). 0 LMC Cities Bulletin e� C, Term limits should remain local issue Ann Higgins t The League strongly opposes state legislation to adopt a constitutional amendment to impose term limits. We urge city officials to support the League's position. State legislators are reluctant to vote against term limit proposals, fearing that strong public opinion favors limiting the number of consecutive terms of those serving in elective office. The League wants voters to make those decisions at the local level and urges lawmakers to adopt campaign finance reforms and standards of ethics instead of term limits. Term limits would likely limit eligibility for office and weaken local government. The issue is certain to be a hot topic in the 1994 elections, and Governor Carlson has already said he would support legislation restricting terms. The Legislature is already considering a number of proposals to impose term limits, including H.F. 24 (Pawlenty- Eagan) which not allow local officials to serve more than eight consecutive years in an elected position. While public opinion polls show strong support for term limits, many cities believe the public is not aware of the negative impacts of term limits. . Recently a broad-based coalition of public interest, farmer, labor, and educational organizations has agreed with the League position. The Minne- sota League of Women Voters has publicized these concerns and brought together organizations sharing that point of view. Among these groups are the Minnesota Education Association, the Minnesota Farmers Union, the AFL - C10, AFSCME, and Common Cause. Because legislative action to impose such limits on local government is likely, cities may want to adopt a resolution opposing them (see sample). January 21, 1994 If your city adopts a resolution please send a copy of the actual resolution to your legislators and Io Ann Higgins at the League office. Legislators who have co-sponsored term limit legislation are listed below. If your city is in one of their districts, explain the League's position to them. Here are some arguments against term limits. - The Minnesota Constitution guarantees the right of voters to determine which candidates will serve in elective office. Term limits would weaken accountability and shield elected officials from voters during their final term in office. - Term limits deprive government of experienced leadership. Short-term officeholders are more likely to adopt short-term solutions to problems. Government would increasingly LA become dependent on staff who are not directly accountable to voters. - Officials would not be as account- able to voters because they would be not have to face the voters. The League of Women Voters says, "Term limits deprive the Legislature itself of experience that is essential in allocating state revenues and manag- ing the state budget and will result in a large number of inexperience lawmakers dependent on staff and lobbyists and upset the balance of power between the legislative, executive, and judicial branches of government." Legislators who have authored or co-sponsored bills calling for term limits are: Representatives Pawlenty (Eagan), Commers Terms, continued on page 10 SAMPLE RESOLUTION ON TERM LIMITS WHEREAS, the constitutional right to elect a representative of the voter's choice is fundamental to the democratic principles upon which the United States was founded, and should not be eliminated by voters who do not reside within the city; and, WHEREAS, there is already significant turnover in local office and at the state level, and, WHEREAS, such limits increase the prospects for adoption of short-term solutions to difficult problems rather than make possible experience needed to adopt policies that offer long-term improvements, and, WHEREAS, term limits may actively discourage quaked challengers from filing to oppose incumbents officeholders because term limits will assure that the candidate can simply wait to run for an open seat, and, WHEREAS, term limits do a disservice to the public understanding and participation in government; issue -oriented campaigning azul fail to improve voter apathy and turn -out in elections; THEREFORE BE IT RESOLVED, THAT the City of calls on members of the Minnesota State Legislature a►ul Governor Carlson to uphold the constitutional rights of voters to elect their representatives to office by opposing term limits. Page 9 Term, continued from page 9 (Mendota Heights), Seagren (Bloomington), Molnau (Chaska), Workman (Chanhassen); and Senators Runheck (Blaine), Menson, 1). (Laneshoro), Neuville (Northfield), and Oliver (Deephaven). Members of the House Rules Subcommittee where H.F. 24 is waiting for further consideration are: Representatives Joel Jacobs (Coon Rapids), Ron Abrams (Minnetonka), Jerry Bauerly ( Sauk Rapids); Dee Long (Minneapolis), Willard Munger (Duluth), and Kathleen Vellenga (St. Paul). The Senate Ethics & Campaign Reform Committee will consider the measure when session begins. Mem- bers are: John Marty (Roseville), NLC videos on children available Two videos are now available from NLC's Children andfFamilies in Cities program. The Spirit of Connectedness details Minneapolis' efforts to create and encourage support networks for families and children. Education: Everybody's Business emphasizes the partnerships between the education community, municipal departments, the private sector, and citizens in improving schools and providing learning opportunities for children and families. These videos can be shown on local cable stations and can be used with community groups, at city council hearings, and with business leaders. The cost of both videos is $13. For more information, contact Tonya Gary at the National League of Cities at (202) 626=3000.0 Richard Cohen (St. Paul), Carol Flynn (Minneapolis), Dean Johnson (Willmar), Doug Johnson (Cook), Gary Laidig (Stillwater), Pat McGowan (Maple Grove), Roger Moe (Erskine), Pat Pariseau (Farmington), Larry Pogemiller (Minneapolis), and Ember Reichgott-lunge (New Hope). 0 _ Handbook for Minnesota Cities Sixth Edition by Joel I Jamnik LMC Legislative Counsel The League of Minnesota Cities has available the sixth edition of the Handbook for Minnesota Cities. The Handbook is a valuable reference tool, containing authorita- tive information on statutory and home rule charter city governments. Legal notes at the end of each chapter refer readers to applicable state statutes, League publications, court decisions, and attorney general's opinions. The Handbook is approximately 630 pages, published in a hard -cover, loose leaf format. Cost is $213.00 for member cities and $266.25 for nonmembers. These prices include tax. Page 10 ___-- The book includes seven main parts: • Form and structure of the Minnesota city • Elections, elected officials, and council meetings • Personnel management • Regulatory and development functions of cities • Liability and insurance • Finance, budgeting, and debt • Financial reports and records management To order contact the League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600. LMC Cities Bulletin D -yrs ----- League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 Phone: 612-490-5600 The League of Minnesota Cities publishes the Cities Bulletin weekly during the Legislative session and monthly during the interim, the time between sessions. Subscriptions: members -$30; non- members -$45. Contact: Publications Department, League of Minnesota Cities. Where to get information at the Capitol Copies of bills House Chief Clerk's Office - 296-2314, Rm. 211* Secretary of Senate's Office - 296-2343, Rm. 231* Bill status, authors, companion, committee referral (by bill number, author, or topic) House Index - 296-6646, Rm. 211* Senate Index - 296-2887, Rm. 231 * Weekly committee schedules, bill introductions, and summaries of committee and floor action House Information Office - 296-2146, Rm. 175** Senate Information Office - 296-0504, Rm. 231* Recording of the following day's committee schedule and agenda, (after 4:30 p.m.) "House Call" - 296-9283 Senate Hotline - 296-8088 To reach a member on the House or Senate floor House Sergeant at Arms - 296-4860 Senate Page Desk - 296-4159 To notify the governor's office of your concerns Governor Arne Carlson - 296-3391, Rm. 130* *State Capitol, St. Paul, MN 55155 **State Office Building, St. Paul 55155 All arca codes are 612 ?tt:zga-It. john_cin :7-400 F' 1'q,rtC.tj t -h G 1 kA ---A---k—FIRST CLASS U.S. POSTAGE PAID St. Paul, MN - PERMIT NO. 3223 League of Minnesota Cities staff working with legislative issues Jim Miller, Executive Director Duke Addicks, Director of Intergovernmental Relations Stan Peskar, General Counsel Pensions Gary Carlson, Senior Intergovernmental Relations Representative General revenue sources for cities Local government trust fund Aid to cities Property tax system Sarah Hackett, Intergovernmental Relations Representative Transportation Fiscal administration of cities Economic development and redevelopment Government innovation and cooperation Ann Higgins, Intergovernmental Relations Representative Telecommunications Housing Elections and ethics Utility service districts Joel Jamnik, Senior Intergovernmental Relations Representative Growth management and land use Environmental protection Personnel and labor relations Public safety General municipal governance Mary Diedrich, Legislative Secretary Julie Johns, Legislative Secretary C` Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, St. Paul, Minnesota 55101-1633 612 222-8423 PUBLIC INFORMATION MEETINGS CENTRALIZATION/DECENTRALIZATION STUDY (DRAFT FINAL REPORT) t, TUESDAY, FEBRUARY 22 co,o Inver Grove Heights City Hall 8150 Barbara Ave. f - J411 ?� Inver Grove Heights 1j j3��r 7:00 - 9:00 P.M. WEDNESDAY, FEBRUARY 23 WEDNESDAY, FEBRUARY -23, Mears Park Centre Minnetonka City Hall Council Chambers Council Chambers 230 East Fifth Street 14600 Minnetonka Blvd. St. Paul Minnetonka 2:00 - 4:00 P.M. 7:00 - 9:00 P.M. The Centralization/Decentralization (C/D) Study is an area -wide planning study that provides overall direction for expanding and upgrading the Metropolitan Waste Control Commission's (MWCC) plants and interceptor system through the year 2040. The purpose of the information meetings is to inform the public on the C/D Study results and to receive public input to further develop various options. The study addresses: New population projections with a 2040 estimate of 3,264,000 (an increase of over 900,000 people). Water quality based effluent limitations. Other pending effluent standards, such as phosphorus removal. The MWCC recently forwarded to the Minnesota Pollution Control Agency a preliminary draft of the C/D Study. The recommended alternatives in the preliminary study draft are: 1) to build a new regional plant in the Cottage Grove area to serve the southeastern portion of the Metro Area and; 2) to abandon the Chaska Plant and convey its flow to the Blue Lake Plant in Shakopee. Copies of the executive summary of the C/D Study are available in the following county libraries: Dakota County: Westcott (in Eagan), Burnsville, Apple Valley, W. St. Paul, Hastings, and Farmington. Hennepin County: Ridgedale, Wayzata, Westonka, Eden Prairie, and Southdale. Washington County: Cottage Grove, Lake Elmo, Lakeland, Woodbury, Oakdale, and Newport. Scott County: Shakopee, Savage, Prior Lake, and Jordan. Carver County: Chaska, Chanhassen, and Waconia. Anoka County: Blaine. Ramsey County: Roseville and Maplewood. If you have questions about the C/D Study, please call MWCC staff member Pauline Langsdorf, at 229-2100. Equal Opportunity/Affirmative Action Employer V 0 —= 5 -b METROPOLITAN COUNCIL invites you to a PUBLIC MEETING on the S _K METROPOLITAN AGENCIES ('l- 1^6 CONSOLIDATED FINANCIAL REPOR1992-1997 PUBLIC MEETING INFORMATION: When: Thursday, February 3, 1994 as part of the Committee of the Whole meeting 4:30 p.m., or immediately following completion of the 4:00 p.m. Council meeting Where: Metropolitan Council Chambers Mears Park Centre 230 E. Fifth St. St. Paul Upon request, the Council will provide reasonable accommodations to persons with disabilities. Report Free copies of the current report and the 1992 report will be available Availability: on January 27, 1994 through the Council's Data Center. Call 291-8140 or 291-0904 (TDD). Questions: Call Alan Morris (291-6446). irbs, with ables Jacobs to close on the sale with his ot- lain fairly fer of $7 million for the track and $2 million in property taxes. A fifth in After the purchase, Jacobs initially an - !s at $4.50, nounced plans to add a state-sponsored d ninth at casino to the horse racing track, but abandon - St. Paul's ed the controversial plans within days. 'he highest Without the casino, Jacobs has said that he Toronto at will not re -open Canterbury for horse racing. 191. Min- Other possible uses for the site he has men - in 1991 for tioned include car racing, an amphitheater or a convention center. bushed by OFFICEIINDUSTRIAL hoping to basis if it's ure studies — St. Paul industrial parks I the focus, receive final approval at they like ' she says. St. Paul —The last official hurdle has been ,in 1988 to cleared for the development of two St. Paul ,, historical industrial park sites that together total 110 aphic pro- ncomeand acres. The Board of Commissioners of the St. DMA Ex- Paul Port Authority has voted unanimously to ket condi- proceed with plans to redevelop the 41 -acre > and com- Crosby -Lake Industrial Park and the 69 -acre study was Arlington -Jackson Industrial District. The h Indiana Board also authorized the sale of $16 million Studies. of Port Authority bonds to finance the estimated costs needed to complete the initial amp phases of both projects. "This was essentially the last procedural step in developing these properties,' says r king ramp rI Mike Strand, Port Authority spokesperson. al and II The Crosby -Lake site, the former Texaco :eptly pur- tank farm, is located along West Seventh Street at Interstate 35E. The Arlington - as purchas- Jackson Industrial District is in the city's three Min- north end, and bordered by I -35E, Jackson t Park Co., Street, Arlington Street and Maryland idCamirII Avenue. The industrial districts are set, but the ac - pan Health tual land acquisitions have not yet been made, also sold Strand says. Both sites will undergo proper - it Center to ty appraisals, and proposals will be presented If ago. The to current owners, he says. rofdispos- Bonds are expected to be issued for the ac - rys Michael quisitions in late February or early March. of business The infrastructure for the development of the Clue is $3 old Texaco site will be in place by late 1994. Phase one of the Arlington -Jackson site is ex- yin County pected to begin in early 1995, Strand says. ad Financial Company I to announce the placement of )ermanent financing of $3,500,000 tan Federal Building, St. Paul, Minnesota tnged with our exclusive correspondent, ►un Life of Canada kkiNORTHLAND F INANCLAL CO.M I'W' Suite 250, Minneapolis, Minnesota 55431-4507 (612) 921-8000 Edward Padilla Patrick Minea isting space, ano annougn tnerc is 1 W111 <.,, 1I, a.,u«w„ L., O.,uM PUl t . �««�, U expansion, the trust is not considering it at pany owns Thunderbird Mall in Virginia, and this time, Hamlin adds. "It's a very nice Village Square in Inver Grove Heights. REAL STATS Housing boom continues in 1994 As the number of new home construction permits continues to rise and housing values increase, home builders and real estate agents agree the economy is looking up. And thanks to the continued low-interest rates, experts foresee that 1994 will continue this en- couraging pace. Even December, which is typically a slow period in home building, showed impressive numbers. In December 1993,1,044 permits were pulled with an estimated value of $154 million. That's compared with December 1992 in which 841 permits were pulled with an estimated value of $115 million. Closing figures during 1993 revealed that 12,139 permits were pulled throughout 132 metro areas with an estimated value of $1.68 billion. Woodburytopped the list in 1993 with 927 residential permits valued at more than $131 million. Woodbury was followed by Eagan, Plymouth and Eden Prairie. 1993 YEAR-END STATISTICS CITY PERMITS UNITS VALUE Wt�dl3u _ -7 1038. $13i ,036;324 _ Eagan 639 892 104,200,372 oo -3 _- .. 71fi .. __. v323 Eden Prairie 486 610 83,856,000 Lakevitl - 679 ?13 8fi fi 1?;088 Burnsville 376 551 59,799,140 Maple Grove 372 389 53,214.745 Andover 508 508 51,417,400 Apple Valley 275 538 47,282,001 Coon Rapids 285 536 43,850,000 Lino Lakes 378 378 40,840,800 Chanhassen 243 257 39,545,000 Brooklyn Park 353 _ 382 36,486,711 Oakdale 329 396 34,369,432 Ramsey 334 334 33,524,000 Savage 286 293 32,085,680 CottagerQve 319 336 31,171 ,456 Chaska 260 269 30,812,429 SOURCE: BUILDERS ASSOCIATION OF THE TWIN CITIES office/Warehouse Space $2.50 Net / 6,000-28,000 Sq. Ft. 425 W. Minnehaha, St. Paul • Fully Sprinklered • 16' Ceiling • 700 Amp — 3 Phase • Loading Docks • Fenced Rear Lot - Call Jim O'Neill at 933-2276 Mayor Joy Tierney and City Council City of Plymouth Dear Mayor Tierney: I herein submit my resignation from the Planning Commission effective January 31, 1994. I am grateful to prior city councils for giving me the opportunity to serve my community as an appointed Commission member. 1 have had many good colleagues on the Commission over the past six years. I enjoyed sharing their experiences and friendship. Sincerely, L Denn s Zylla Association for Nonsmokers -Minnesota 2395 University Avenue West Suite 310 Saint Paul, Minnesota 55114 - 151 2 (612) 646-3005 FAX: (612) 646-0142 Janaury 19, 1994 Dwight Johnson, City Manager 3400 Plymouth Blvd. Plymouth, Minnesota 55447-1482 Dwight, In follow up of our conversation, I some of the information presented to council as well as a couple of news am sending along copies of the Brooklyn Center City clippings. In Brooklyn Center the thing that seemed to be most troubling to the council was that the city could be exposed to legal expenses. We have done some checking and most people do not see a suit as very likely and if the city were to be sued, it would be unlikely to be a long, drawn out affair. The letter from attorney Brian Bates spells out the issues pretty completely. We have been working to find attorneys who would be willing to provide pro- bono services in support of any city which placed restrictions on tobacco point-of-sale advertising and was challenged by the tobacco industry. To date Mr. Bates, Action on Smoking and Health in Washington, D.C. (the organization which sued to get tobacco ads taken off TV) and the Tobacco Product Liability Project have committed to providing assistance. We are working to find a local, high visibility firm which would be willing to defend a city on such a case and this looks quite promising. The people I have spoken to say that it would not be a big commitment so I expect we will be successful in finding those who believe in the issue and have the expertise to pursue this. We have a very significant amount of background information which we can supply if you want it. If there is any interest on your council, please call me and I would be happy to meet with you or any member of your council or your attorney to talk further. H L a MM1NesoTA -__7 b City of ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER xx OF THE CITY ORDINANCES REGARDING TOBACCO RELATED PRODUCTS THE CITY COUNCIL OF THE CITY OF DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following Findings: 1. Tobacco purchase and consumption by minors is illegal and point-of-sale advertising encourages both purchase and use by portraying smoking as glamorous, socially acceptable, adventurous, even fun; 2. Cartoon characters in advertising are uniquely appealing to children and cartoons have been and are used to promote at least two brands of cigarettes. Research has found that more preschool children recognize Joe Camel than recognize Mickey Mouse; 3. Children shop alone and with parents in stores which sell and promote tobacco; 4. Tobacco advertisements are not carried in children's publications, yet more children are exposed to tobacco advertisements at the point-of-sale than could ever be exposed through children's publications; 5. The purpose of advertising is to create positive feelings toward the product and increase loyalty to and purchases of that product; 6. The vast majority of new smokers are teenagers or younger, and children are beginning to smoke today at a younger age than ever before; 7. Over 25 percent of all high school seniors who smoke began to smoke by the sixth grade and over 57 percent of high school seniors who smoke began to smoke by the eighth grade; 8. Tobacco product advertising is regularly seen by persons under the age of 18, and persons under the age of 10 are regularly exposed to tobacco product promotional efforts; 9. Tobacco product advertisements with human figures or facsimiles thereof, with beautiful pictures and scenes and images have the greatest impact on persons under the age of 18; 10. Most people including minors who use tobacco want to quit; at least two-thirds have tried at one time or another; at least one-third try in any one year•, 60 percent go back to smoking before the first year is out; 11. Attractive advertising and promotion of tobacco at the point-of-sale in convenience and grocery stores and other outlets may trigger impulse purchasing and undermine the resolve of minors to break the nicotine addiction; 12. Point-of-sale promotion and advertising has a unique impact on former minor smokers by encouraging impulse purchasing. 13. Enactment of section two of this ordinance will serve to protect the public safety and welfare by limiting factors which encourage minors to smoke and which make it more difficult to quit smoking for minors who already smoke. Section 2. Chapter xxx of the City Ordinances of the City of is hereby amended by adding the following: Section xxxxxxx DEFINITIONS. x. Tombstone sign means a sign which indicates to customers that a tobacco related product is available for purchase. The sign may display a picture of a single package of the tobacco related product provided the picture is no larger than the actual size of that package. Other than such picture only letters and numbers may be displayed on the sign; and no other picture, drawing, human or cartoon figure, logo or design of any kind is permitted. Signs shall have a white background. Only the following information may be included on the sign: product names and types, prices or other terms of sale, tar and nicotine content, whether the tobacco is U.S. or foreign grown, the union status of those producing the product, any warning labels that are required by federal law, and a description of any merchandise or other thing of value in connection with the sale. x. "Point-of-sale advertising and promotion" means any advertising or promotion of any kind within or upon the establishment of the licensee where the product is offered for, sale, including but not limited to, advertising or promotion indoors or outdoors, on clocks, grocery dividers, displays and display racks, shopping baskets, signs, promotional items, vending machines, entrance and exit sighs, counter racks, ashtrays, trash cans, uniforms, and t -shirts or other clothing. Advertising and promotions includes display of any logo, brand name, character, graphics, colors, scenes or designs that are either trademarks of a particular brand or images generally associated with a particular brand. Advertising and promotion does not include display of packages or cartons of product. Section xxxxx POINT-OF-SALE PROMOTION AND ADVERTISING LIMITED. Point-of-sale advertising and promotion of tobacco related products by any means other than tombstone signs is prohibited. Section xxxxx This ordinance shall be effective on 1994. Note: penalty. presumably violation of this ordinance would be treated the same as a violation of any other part of the licensing ordinance. =-1 b Should cities prohibit point-of-sale advertising? Since tobacco is a legal product, shouldn't a company be allowed to advertise it as they see fit? Isn't this a violation of the First Amendment, the right to free speech? There are severe restrictions on advertising many legal products. For example, advertisements for securities such as stocks and bonds must be of the tombstone type: they simply list the facts in plain black type. Those who would sell you bonds are not allowed to show a picture of a wealthy person driving an expensive car and wearing a Rolex watch with the caption, "Buy this stock." Tobacco advertising has been restricted in many ways. Some of those restrictions were imposed by the federal government; others have been imposed by state or local units of government. Tobacco ads were ordered off TV and radio twenty years ago. Minnesota prohibits the free distribution of tobacco; Utah prohibits tobacco advertisements on billboards. The U.S. Supreme court has consistently ruled since the 1932 Packer Corp. V. Utah case that communities have broad authority to regulate advertising. In Packer the Court held that a state prohibition on the public display of tobacco advertisements (other than newspapers and magazines) was a valid exercise of state power. Furthermore, the Supreme Court has consistently ruled that commercial speech has less protection under the First Amendment than does political speech. Do people support such a ban? Americans strongly support restrictions on tobacco advertising. According to a 1993 Gallup Poll, 78% of respondents favored restrictions on cigarette ads that appeal to children while 53% support a total ban on cigarette advertising. Smokers and nonsmokers have similar attitudes. Why pick on advertising at the point-of-sale? Why single that out? Saturation advertising at the point-of-sale serves to undermine efforts to keep kids from smoking. Teachers, parents, and law enforcement officers all say that kids should not smoke. Since such ads are surrounded by ads for many other products, they give the impression that choosing a cigarette is like choosing between Kemp's or Ben and Jerry's. Point-of-sale advertising is uniquely harmful since it appears in places that are frequented by many minors, for whom use of the product is illegal. Unlike an ad in a newspaper or magazine, ads at the point-of-sale can not be easily avoided. Why not restrict ads voluntarily? Why not just ask retailers not to do it? Voluntary restrictions on tobacco advertising have repeatedly been attempted in this nation and in other nations and have been a remarkable failure. The tobacco industry already has a voluntary advertising code which includes such requirements as "Cigarette advertising shall not represent that cigarette smoking is essential to social prominence, distinction, success or sexual attraction." A casual look at ads for Virginia Slims, Old Gold, Benson and Hedges, or Parliament shows how flagrantly the industry ignores its own voluntary code. If local merchants voluntarily got rid of all of the point-of-sale advertising, it is almost certain that industry reps would gradually fill the stores again with the claptrap of advertising and promotion ranging from clocks to shopping baskets, aisle dividers, special promotions and in -out signs. If the community really wishes to permanently eliminate this uniquely harmful form of advertising, it must be done by ordinance. Why are you singling out tobacco for this unique treatment? What will be next, fatty foods? Tobacco has been singled out by Congress for special treatment for many years. That special treatment has protected the tobacco industry from most of the restrictions which are applied to other products. Tobacco products have been exempted from every major health and safety law enacted by Congress to protect consumers from dangerous products. No federal regulatory agency has the authority to regulate the manufacture, distribution, sale, labeling, advertising or promotion of tobacco products. Ironically, nicotine patches to help people quit smoking, which contain approximately the dose of nicotine in a cigarette, may only be sold with a doctor's prescription by a pharmacy. Cigarettes and spitting tobacco, which contain nicotine and many other substances known to cause cancer, may be sold over the counter by anyone having a license to anyone who has the money and is over 18. In many communities they are still dispensed from vending machines. This ordinance is one city's effort to level the regulatory playing field. But won't cities be sued? Won't that cost a pile of money that could be better spent elsewhere? Anyone can be sued for almost anything. The tobacco industry has a long history of threatening to sue but not acting on its threats. It gives the impression that it is willing to dig into deep pockets any time it is under threat. It promises but does not act. The industry threatened to sue Chanhassen when the city enacted an ordinance requiring that tobacco be placed behind the counter. It did not sue. It threatened to sue White Bear Lake when it enacted a ban on tobacco vending machines. It did not sue. It threatened to sue the State of Minnesota when it banned the free distribution of tobacco. It did not sue. The court precedents certainly are strongly in favor of a city's right to act. It is unlikely that the industry will sue, although it is highly likely that it will threaten to sue. In the unlikely event the industry did decide to sue, a suit need not be expensive. The industry would be seeking to prevent the ordinance from going into effect. The City could support its right to enact and enforce the ordinance. Why not let someone else go first? Why should any city go out on a limb? Brooklyn Center, Minnesota has gone first. On December 6, 1993 they passed point-of-sale restrictions on tobacco ads. It is scheduled to go into effect in July 1994. Cliff Douglas, an attorney formerly with the Advocacy Institute, summarized the reasons to act: "Considering the potential benefits and the fact that there is little to lose, it seems that state and local lawmakers around the country have an obligation to press for adoption of such measures. The tobacco and advertising industry may not even bring a challenge; and if they do, they risk suffering a devastating loss. Until more lawmakers and advocates try, of course, the tobacco industry is home free." q&aonbc.doc Would point-of-sale advertising restrictions expose the city to an industry initiated lawsuit? There are two legal questions which must be answered: 1) would point -of -sales restrictions violate the First Amendment? and Z) does federal law reserve this type of restriction to itself, preventing local governments from placing restrictions on tobacco advertising? For most people, concerns about the First Amendment are the more important of the two questions. Historically, the Supreme Court granted NO protection to commercial speech. Gradually the modern court has granted it limited protection, substantially less than that reserved for purely personal, religious or political speech. To quote from the Court's ruling in Central Hudson (1980) "the Constitution ... accords a lesser protection to commercial speech than to other constitutionally guaranteed expression." Because government has a greater ability to regulate commercial speech, it restricts advertisements for stocks and bonds, prescription drugs, alcohol, gambling, and tobacco. For example, tobacco ads are not permitted on radio and TV and, in Utah, on billboards. Having voted recently to ban alcohol ads on billboards, the Baltimore City Council will vote soon to do the same with tobacco ads. With the exception of tobacco industry lawyers, most who have studied the issue believe that cities may pass ordinances which restrict tobacco advertising without infringing on the First Amendment. Another hurdle is the Federal Cigarette Labeling and Advertising Act, which preempts any "requirement or prohibition based on smoking and health...with respect to the advertising or promotion" of cigarettes which containfederal warning label. Tobacco interests argue that this means that only the federal government can place restrictions on any tobacco advertising. Health advocates counter that the federal government intended only to prevent the states from requiring additional warning labels. Whichever way this argument is resolved, the Brooklyn Center ordinance avoids this issue by including in the statement of purpose that the ordinance is intended to prevent minors from being induced to purchase or steal tobacco, both illegal activities. Since this is a purpose which is not directly related to "smoking or health" but to obeying state and local ordinances, it should avoid the problem of preemption. The State of Minnesota has set a precedent in regulating without violating the preemption. The State prohibits free distribution of tobacco products --a form of promotion. This bill was opposed by tobacco companies on the grounds that it was preempted by the federal government. The bill clearly stated that the purpose was to prevent tobacco from being illegally provided to minors. The tobacco industry has never challenged this law despite its threat to do so. Clearly, a bill can address advertising and promotion without getting into the "smoking and health" arena of the preemption. Restricting advertising involves some risk. Why take the chance? Let someone else do it. We need to protect our children. Despite educational efforts, smoking rates among children are not falling. In fact, recent research shows rates have increased since the Joe Camel campaign began. The general public frankly thinks it is foolish to promote tobacco with cartoons and images which clearly appeal to minors, and the majority (76%) support a ban on ads that appeal to children (1993 Gallup Poll). By limiting point-of-sale advertising to tombstone ads, the most egregious ads are eliminated, yet retailers can communicate price, available brands, and other relevant consumer information. Billboards and point-of-sale ads are probably those most seen by children. Any risk to the City is limited. In the unlikely event that the tobacco industry actually did take legal action, it would likely seek a restraining order preventing enforcement of the ordinance. The City would then decide if it wished to support the ordinance or capitulate. Reasons to eliminate point-of-sale advertising 1. Point-of-sale advertising appears to inspire impulse purchasing which can undermine the resolve of those who are trying to quit. 2. Point-of-sale advertising is designed to be hard to avoid. Advertising in magazines and newspapers can be avoided and it probably has less influence on small children and adult consumers than point-of-sale. Point-of-sale, however, pitches a dangerous (and for children, illegal) product, inescapably, to anyone who shops. Tobacco is not advertised in children's publications, presumably because outrage at this breach of public decency would quickly result in its being banned. Notably, advertising and promotion in grocery and convenience stores reaches far more children than any print advertisement in a children's publication could. 3. Research shows that preschoolers are more likely to recognize Joe Camel than Mickey Mouse. Obviously, the advertising message has gotten through to the smallest nonsmokers. Interestingly, a significant number of adults were unaware of Joe Camel. One explanation is that adults have learned to filter out some of the advertising messages, a skill children lack. 4. Tobacco companies have dramatically increased the amount of money they spend on advertising and promotion and more and more of those dollars are spent on promotional activities (including promotional allowances) and point-of-sale advertising. In 1990, 25.6 percent ($1,021,427,000) of the total spent on advertising and promotion was spent on promotional allowances. {An example of a promotional allowance is money paid to retailers for shelf space. } This contrasts with 14.4% ($179,094,000) a decade earlier. Point-of-sale advertising has shown a similar increase from 6.4% ($79,799,000) in 1980 to 7.6% ($303,855,000) in 1990. During that same decade the actual dollar amount and the percent spent on newspaper advertising declined from 23.1% ($358,096,000) to 1.8% ($71,174,000). (FTC Report to Congress for 1990 Pursuant to the Federal Cigarette Labeling and Advertising Act, page 25, 22, tables 3D, 3A.1 Clearly, the industry is putting its advertising money where it can influence the most people. 5. Fees paid to retailers (promotional allowances and speciality item distribution) distort retail practices and result in tobacco products being displayed and promoted the way the manufacturer wants, even though that method may increase shoplifting because of its substantial appeal to children and easy access by light fingered adults. A clear example of this is the small temporary display stand, usually wire or cardboard, which are placed on the counter. These little displays make shop -lifting easy; however, shopkeepers are paid up to $40 per month per display just for setting the display up and keeping it stocked. That $40 fee probably more than offsets the shoplifting losses. If there were no financial incentive for placing this highly shopliftable product in this vulnerable location, it is unlikely that retailers would do it Shoplifting of tobacco is such a significant issue that many stores have elevated racks which only the clerks can reach. One large convenience chain has a weighing system that sounds a buzzer in the managers office if more than a certain number of cigarettes are removed at one time. That level of security obviously indicates the magnitude of the shoplifting problem, but the fees paid to the merchants seems sufficient to persuade many to accept the expense of shoplifted merchandise in exchange for hefty fees from the manufacturer. 6. Tobacco advertising in general, and in particular at the point-of-sale, gives the impression that tobacco is a product like any other... a harmless purchasing choice. It is different. This is not like deciding whether to buy Ben & Jerry's or Kemp's. Tobacco is a lethal and addictive drug. Since huge social and financial costs result from tobacco usage, it is not in society's best interests to allow unrestricted tobacco promotion. 7. Those who are attempting to quit smoking or chewing report that being surrounded by cues to smoke or chew makes it much harder to resist relapse. The advertisements and promotions at the point of sale are cues and inducements which many smokers say tempt them back into usage. Eliminating some of the most egregious cues will help quitters stick to their resolve. Prepared by the Association for Nonsmokers - Minnesota 2395 University Ave. West #310 St. Paul, MN 55115-1512. STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT KEVIN S. BURKE CHIEF JUDGE CHAIR, CONFERENCE OF CHIEF JUDGES HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA SS487 (612) 348-4389 January 19, 1994 Mayor Kim M. Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Plymouth Charter Commission Dear Mayor Bergman: C— The Court has received an Acceptance of Appointment and Oath of Office form from Robert C. Sipkins. He has now met all statutory requirements and is a duly qualified member of the Plymouth Charter Commission. Very truly yours, vin S. Burke ief Judge Hennepin County Courts KSB: eb Enclosure cc: James G. Willis, City Manager James Thompson, City Attorney Robert C. Sipkins Jay STATE OF MINNESOTA "- �ED DISTRICT COURT COUNTY OF HENNEPIN c,!, S,�1. 0 A ;4,> T�tTH JUDICIAL DISTRICT i In the Matter of theG:.AC`Q$i'ANCE AND OATH OF Charter Commission for the ' I ;T C�� kffT t� eOMMISSION MEMBER CITY OF PLYMOUTH File No. 655181 Hennepin County, Minnesota I, Robert C. Sipldns, having been duly appointed by the Chief Judge of the above-named Court to the Charter Commission of the City of Plymouth, do hereby accept such appointment. I swear that I am a qualified voter of said City and that I will faithfully and justly perform all of the duties of the office and trust which I now assume as a member of said Charter Commission to the -best of my ability. So help me, God. i. 6� Robert C. Si STATE OF MINNESOTA COUNTY OF HENNEPIN Subscribed and sworn to before me this 'p ' day o " lov Notary Public My Commission Expires LINDA M.000NNOR NOTARY PUBLIC -MINNESOTA ` HENNEPIN COUNTY My Commission Expires Oct. 8. 1997 r • rLjnL.JQHNS0N COMPANY January 20, 1994 The Honorable Joy Tierney Mayor of Plymouth, Minnesota City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Re: Sign Ordinance Dear Mayor Tierney: PRINCIPALS IN REAL ESTATE SINCE 1963 DEVELOPMENT CONSTRUCTION LEASING MANAGEMENT We own the commercial warehouse building formerly occupied by Honeywell at 975 Nathan Lane North. Honeywell vacated this building on 12/30/93 and now it stands vacant. Obviously, as owners of the building we are attempting to re -lease it as quickly as possible. In marketing vacant space or buildings we typically install 2 signs at a given site: a free-standing sign and a banner. The free-standing sign advertises our name, the fact that the property is "For Lease", and our phone number. The banner, usually installed at the top of the building, notes "For Lease" and our phone. When we knew Honeywell would not be staying we went ahead and installed a free-standing sign near the main gate on the northeast comer, and a banner on the west wall. This allows for maximum exposure to prospective tenants, both in the area and those driving through. Unfortunately, we did not first contact the City to inquire what signage would be allowed and whether we needed a permit. In fact, we dW need a permit and having 2 signs is a violation of the Ordinance. We regret this action and have now filled out the proper paper work. My reason for writing is to express disagreement with the Ordinance. I can understand not allowing 2 free- standing signs or 2 wall mounted signs, particularly if the property is retail. However, it is difficult to understand why the Ordinance would not allow 2 different sign types on an industrial building located in an industrial area. Is there some rationale for this aspect of the Ordinance? If so, I would appreciate hearing from you or someone else at the City as to what that rationale is. Thank you for your consideration. Sincerely, 1 1... %',. Russell R. Freed CO f Property Manager / NORRF - �p� ti c Robb Johnson, President, R.L. Johnson Joe Ryan, Building Official 701 DECATUR AV. N. SUITE 0107 MPLS.. MN. 55427 TEL: 612.541.1970 FAX: 612.593.2354 �J1,rYtlFlva: K,1111-- .....r,,,", 1 , . . 1.. PRISM January 20, 1994 PRESS RELEASE FOR IMMEDIATE RELEASE PEOPLE PRISM (People Responding In Social Ministry), since 1987 has RESPONDING been located in the old Robbinsdale Highschool, will move its IN SOCIAL offices to the vacated rectory of St. Margaret Mary's Catholic MINISTRY Church on 2323 Zenith Avenue North in Golden Valley, effective 3730 Toledo North #902 Robbinsdale, MN 55422 April 1st. (612) 529-1350 Member Congregations The Language Immersion Program has displaced several agencies Beautiful Savior Lutheran Church in the old school, PRISM being just one of them. They received Brunswick United notice in September that they must vacate by May. A Search Methodist Church Calvary Lutheran Church Committee of PRISM Board, and Community Volunteers, spent a Golden Valley United Methodist Church great deal of time researching available sites, and on January 11th, Holy Nativity at a special meeting, the Board voted to accept the committee's Lutheran Church Mt. Olivet Lutheran recommendation that the site be the rectory. Church - Plymouth Plymouth Creek Christian Church "It may be a little on the tip of our service area," says Judy Olivet Baptist Church Cooper Lyle, Executive Director, "but it's spacious, more Olivet United Methodist Church accessible by bus and will afford better programming for our Pilgrim United clients. We look forward to the move." Methodist Church Robbinsdale United Church of Christ The site is on two bus lines. PRISM wi 1 1 spend the next three St. Joseph's Parish Community years stabilizing its base budget, strengthening its programs, St. Mary of the Lake Catholic Church and conducting a feasibility study as to where its permanent, Valley Community long term , home will be. Presbyterian Church Valley PeaceLutheran of ChurchContact: eLOA Robbinsdale Judy Cooper Lyle, 529-1350. Baptist Church,Associate Member WEST SUBURBAN MEDIATION CENTER 1011 First Street South, Suite 200, Hopkins, MN 55343 January 25, 1994 Mayor and City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor and City Council: (612) 933-0005 We appreciate the generous contribution to the gest Suburban Mediation Center for 1994. Fourth quarter report for residents, businesses or city staff of Plymouth: 1. business/business, mediation center referral, other party refused; 2. landlord/tenant, Tenants Rights referral, other party refused; 3. juvenile assault, PPD referral, mediated with signed agreement; 4. juvenile vandalism, PPD referral, mediated with signed agreement, 5. post -divorce, mediation center referral, mediated with signed agreement; 6. juvenile malicious mischief (harassing calls), PPD referral, mediated with signed agreement; 7. landlord/tenant, mediation center referral, mediated with signed agreement; 8. juvenile malicious mischief, Operation De Novo referral, mediated with signed agreement, 9, juvenile vandalism, Operation De Novo referral, mediated with signed agreement; 10. juvenile neighborhood, PPD referral, mediated with signed agreement; 11. business/consumer, Conciliation Court flyer referral, mediated with signed agreement; 12. employer/employee, Conciliation Court flyer referral, other party refused. According to our formula of 3 hours of Service per case or conciliated case and 5 hours of service per mediated case at our cost of $36 per hour of service, the above cases represent $1944 worth of services. In adding up all the hours of service for 1993, our cost was $6408. As it has been some time ago that we explained Operation De Novo, we thought it might be helpful to refresh your memory, When a police officer refers a case to the Hennepin County Attorney's Office, their attorneys decide if the juvenile should be diverted from Juvenile Court. If so, they are referred to Operation De Novo, the diversion program, who decides which service provider to refer to. As we handle financial restitution through our office, many of the cases deal with that issue. Although some cases report that one of the parties refused to mediate, we feel our program has provided a service in that they have been given an option to consider. Cases that are referred by city managers, city councils, Housing Court referees, District Court., and Operation De Novo are sort of "quasi -voluntary" so the mediations generally take place. There maybe some confusion regarding juvenile community'service when a city is a party to the mediation. The juveniles are to find their own community service, report. to WSMC, and a signed form of compliance is sent to our office (sometimes from different places such as Loaves and Fishes, janitorial work at a religious institution, food shelf, etc.) The city does not. need 1n have the juvenAe coo hi%Jhpr commlwil.zr -gcrvice #car cater e��vPr���t. if there is no opportunity to do so.. Since our last report, Methodist Hospital Foundation granted us a $5000 contribution for our juvenile mediation program. The Hennepin County attorney's office will be lobbying to have the legislation changed to permitvictim-offender monies be available for pre-petition cases as well as post-petition. The McKnight Foundation has granted us $10,000 each year for the next two years to promote post -divorce mediations, on-going special education and training of the mediators and case developers and to prepare better materials to encourage the parties to meet in mediation. The goal is to have 40 post -divorce cases mediated in 1994. Any suggestions you may have for us to help us meet that goal would be appreciated. Statistics are not yet completed for 1993 but in 1992 there were 317 new cases and in 1993, there were 563, an increase of 77%. Ih 1992, there were 214 mediations/conciliations and in 1993 there were 470. A larize number of these are done at Housing Court. According to a recent study, sixty eviction cases are decided by court personnel on a typical day, or approximately a thousand cases each month. Most cases are heard in two or three minutes. Our program was selected to review the hardship applications for the airport relocation cases in Richfield and have completed 54 households as of this date. One of the goals for 1994 is to offer a four hour inservice training for police officers on conflict resolution. We will keep you informed of our progress. We appreciate your interest, support and usage of our Center. Happy New year! Sincerely, Susan A. Nelson Executive Director DATE: January 24, 1994 TO: Dwight Johnson, City Manager FROM: Eric Blank, Director, Parks and Recreation EB SUBJECT: PARKERS LAKE MILFOIL TREATMENT I was contacted today by Chip Welling of the Minnesota DNR. Chip has indicated that we have been given the green light to proceed with the milfoil treatment on Parkers Lake this year. The treatment will be applied in late April or early May using the Sonar chemical, which was used on the lake last year on an experimental basis by the DNR. Chip indicated that the application will be applied at a rate of 10 parts per billion which is considered to be a medium application by the Michigan DNR. Eight parts per billion would be low, 12 parts per billion would be high concentration. The estimated cost at this time for doing Parkers Lake is approximately $19,000. The DNR will secure all the permits necessary for this application. They will secure the bids for the application work, and they will supervise the actual work. We currently have an $8,000 grant from the Hennepin County Soils Conservation District, which means we will be spending approximately $11,000 of our own funding on this first treatment. As further information becomes available, I will pass it along to you, the City Council and other interested parties. /np cc: Mark Peterson Fred Moore Cindy Anderson Water Quality Commission PRAC President of East Parkers Lake Improvement Assoc. League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 January 18, 1994 X��i u, TO: Mayors, Managers/Administrators, Clerks Councilmembers (% City Clerk) FROM: Chuck Winkelman, President, League of Minnesota Cities Mayor, St. Cloud SUBJ: Nominations for the 1994 C. C. LUDWIG AWARD and LEAGUE OF MINNESOTA CITIES LEADERSHIP AWARD For over 25 years the C. C. Ludwig Award has been presented to outstanding city officials annually. Established in 1962, the award honors the late C. C. Ludwig; League Executive Secretary from 1935-1958. Because each year many excellent nominations for both elected and appointed city officials are received, the C. C. Ludwig Award Committee recommended to the Board of Directors that separate awards be established. In 1993, the League of Minnesota Cities Leadership Award was established to recognize the accomplishments of appointed city officials, and the C. C. Ludwig Award was designated for elected city officials. The awards recognize outstanding leadership and the pursuit of excellence in municipal government, along with unselfish concern for public welfare. Nominations are now open and you are encouraged to nominate any city official meeting the criteria outlined in the attached rules. Deadline to submit nominations is April 15, 1994. A panel of judges, consisting of distinguished Minnesotans, will review all nominations. In order to provide the necessary insight for the judges, it is important to provide supporting documents as described in the attached nomination forms. We encourage you to send all supporting documents in a three-ring notebook. The enclosed rules and instructions for the awards will provide you with the necessary information to prepare the nomination forms. (OVER) Awards Paget The awards will be presented at the League's 1994 annual conference in St. Paul to officials of a member city, who in the opinion of the judges has the most outstanding record of public service among those nominated. The judges may present two awards in each category when the nominees meet the standards of excellence befitting the award. When two awards are presented, one award must go to an official from a city of less than 10,000 population. For further information, please contact Darlyne Lang at the League office (612) 490-5600. D:CCLLTR League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 = --1 V--� RULES FOR C.C. LUDWIG AWARD FOR DISTINGUISHED MUNICIPAL SERVICE BY AN ELECTED CITY OFFICIAL 1. ESTABLISHMENT AND PURPOSE . The C.C. Ludwig Award shall be made in accordance with the following rules to a deserving elected Minnesota municipal official a city or town which is a member of the League of Minnesota Cities. The award shall be made at an appropriate time during the annual conference of the League of Minnesota Cities. 2. ELIGIBILITY FOR AWARD . The award shall be made to the elected official who has, in the opinion of the judges, the most outstanding record of public service for a city among those nominated for the award. To be eligible, an official must have been in office some time during the year preceding the deadline date for submitting nominations. In making their determination, the judges shall take into account the following factors: a. The extent to which breadth of vision, statesmanship and unselfish concern for the general good have been characteristic of the nominee's public life. In the evaluation of this characteristic, importance shall be attached to the following: (1) Service above and beyond that which is required by the nominee's position. (2) Contributions of the nominee in the interests of improved municipal government through national, state, county, municipal, professional, or other public organizations or agencies. b. The nature and extent of the improvement in municipal government or nominee's municipality attributable to nominee's municipal service and the lasting character of such improvement. C. The respect in which nominee is held by the community and the influence the nominee has had in raising the prestige of municipal government service. d. The length of nominee's municipal service. This factor shall not be considered as important as other criteria except that service of the nominee should have been long enough to have established a pattern of continued, unselfish conduct in office. C. C. Ludwig Award Rules Page 2 No award shall be made in any year in which, in the opinion of the judges, no nominee meets the standards of excellence contemplated by these rules. The judges may make two awards in one year when, in their opinion, two nominees meet the standards contemplated by these rules. However, if two awards are made, one must be made to an official of a municipality of less than 10,000 population. 3. NOMINATIONS . Nominations may be submitted by the council of a member city or any civic organization concerned with local government as long as the organization has the endorsement of the city council. Nominations should be mailed no later than April 15, 1994 to: Darlyne Lang League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 Nominations mailed should be postmarked no later than the due date for submissions. Suitable and timely announcements shall be made in soliciting nominations for the award. 4. JUDGES . No later than the last day for nominations each year, the president of the League of Minnesota Cities shall choose three or five persons as judges to select the C.C. Ludwig Award winner for that year. Judges shall be outstanding Minnesota citizens or public officials who are not eligible for the award, except that if five judges are appointed, no more than two may be members of the Board of Directors of the League of Minnesota Cities. D:CCLRUL 1/94 League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126 (612) 490-5600 INSTRUCTIONS FOR NOMINATING CANDIDATES FOR THE ANNUAL C.C. LUDWIG AWARD FOR DISTINGUISHED SERVICE BY AN ELECTED CITY OFFICIAL C.C. Ludwig Award nominations may be made by a city council or by any civic organization concerned with local government function as long as that civic organization has the endorsement of the city council. The person nominated must be, or have been during the year, an elected Minnesota municipal official, but not necessarily from the city making the nomination. The size of the city will not be a factor; the judges will evaluate individuals by their contributions as compared with the general nature of the problems and challenges facing the city. PLEASE BE SPECIFIC IN ANSWERING QUESTIONS. Providing reference to concrete examples and situations will be of greater significance than general statements in evaluating the nominees. The nomination form may be supported by other materials showing the nominee's public service and dedication. This material may include, but is not limited to, newspaper articles, pictures, editorials highlighting accomplishments and/or municipal service; letters of appreciation from citizens or other public officials; and letters of recommendation from public officials or community leaders. While this type of supporting material is not required, it is highly recommended. Those making the nomination will want to keep in mind the following factors which the judges will take into account in determining the winner of the C.C. Ludwig Award: 1. The extent of which breadth of vision, statesmanship, and unselfish concern for the general good have been characteristic of the nominee's public life. In the evaluation of this characteristic, importance shall be attached to the following: (a) Service above and beyond that which is required by the nominee's position. C. C. Ludwig Award Instruction Page 2 (b) Nominee's contributions to improve municipal government, through national, state, county, municipal, professional, or other public organizations or agencies. 2. The nature and extent of the improvement in municipal government or nominee's municipality attributable to the nominee's municipal service and the lasting character of such improvement. 3. The respect in which the nominee is held by their community, and the influence the nominee has had in raising the prestige of municipal government service. 4. The length of nominee's municipal service. This factor shall not be considered as important as other criteria except that service of the nominee should have been long enough to have established a pattern of continued, unselfish conduct in office. Please consult the rules for more specific information on eligibility and timing of the nomination. D:cclins