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Council Information Memorandum 01-13-1994
JANUARY 13, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR JANUARY: JANUARY 13 6:30 P.M. BOARD & COMMISSION INTERVIEWS Council Conference Room ----------------------------------------------------------------------------------------------------- JANUARY 17 7:00 P.M. SPECIAL COUNCIL MEETING (Closed Session) Council Conference Room Discussion of pending and/or potential litigation against the City. ------------------------------------------------------------------------------------------------------- JANUARY 24 6:30 P.M. PLYMOUTH FORUM Council Chambers 7:00 P.M. CITY COUNCIL MEETING Council Chambers ------------------------------------------------------------------------------------------------------ JANUARY 27 6:00 P.M. COUNCIL STUDY SESSION Council Conference Room JANUARY 31 6:00 P.M. COUNCIL STUDY SESSION/ BOARD & COMMISSION INTERVIEWS Council Conference Room 2. CITY OFFICES CLOSED-- MONDAY, JANUARY 17. Martin Luther King, Jr. Day. CITY COUNCIL INFORMATION MENTO January 13, 1994 Page 2 3. HRA TUESDAY, JANUARY 18, 7:00 P.M. City Council Chambers. Agenda attached. (M-3) 4. MLC LEGISLATIVE DINNER -- Wednesday, January 19. The Municipal Legislative Commission annual dinner, Thunderbird Hotel, Bloomington. Social Hour: 6:00 p.m.; Dinner 7:00 p.m. Invitation 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.WATER. LAKE & WETLAND CONFERENCE -- A two-day Water, Lake and Wetland Conference will be held February 3 and 4 at the St. Cloud Civic Center. The conference, sponsored by the law firm of Rinke-Noonan, will include speakers from the Minnesota Pollution Control Agency, Minnesota DNR, U.S. Army Corps of Engineers, and Minnesota Office of Environmental Services. The conference brochure is attached. If you are interested in attending, contact Laurie Rauenhorst. (M-6) 7. MEETING CALENDARS - The City Council calendar for the upcoming six weeks, and City Center meeting calendars for January - March are attached.. (M-7) 1. MINUTES: a. Charter Commission, December 13, 1993. (I -la) b. Planning Commission, December 22, 1993. (I -lb) d I.S.D. 284, Board of Education, December 13, 1993. (I -lc) 2. DEPARTMENT REPORTS a. Fire Department Activity Reports, 12/24/93 - 1/7/94. (I-2) 3. PLYMOUTH CITY BRIEFS -- The January 10 Plymouth City Briefs is attached. (1-3) 4. VOICE MAIL SYSTEM GROUP FUNCTIONS - The attached memo from Fred Moore provides instructions on how to use the group function of the voice mail system. Fred has established a "Councilmember" group that will allow you to record one message and then send the message to all Council mailboxes. (I-4) 5. MEMOS & CORRESPONDENCE: a. Letter from Allen Barnard, Best & Flanagan, to Dean Reisen and Brad Lis, Carlson Real Estate Company, Inc., on the application for Sam's Club. (I -5a) b. Letter from James Deane, Maple Grove Mayor, to Mayor Tierney, concerning a 1994 date for a joint Plymouth/Maple Grove meeting. (I -5b) CITY COUNCIL INFORMATION MIIVIO January 13, 1994 Page 3 c. News release from Community Associations Institute, Minnesota Chapter, announcing two Plymouth homeowners association winners of the "1993 Association of the Year Award" - Chelsea Woods Association and Creekside of Plymouth Homeowners Association. (I -5c) d. Letter to David Landswerk, Wayzata Schools Superintendent, from City Manager, acknowledging letter and petition from the Birchview P.T.A. (I -5d) e. Notice of Metropolitan Council public hearing on a revised capital improvement program for regional recreation open space for1994-2000. (I -5e) f. Letter from Minnesota Pollution Control Agency to Dave Carland, Lancaster Village Apartments, regarding clean up of petroleum tank release at 3610 Lancaster Lane. (I -5f) 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.. Nomination and Election of Officers 7. Year End Status Reports a. Section 8 Rental Assistance Program b. Housing Rehabilitation Program C. Senior Citizen Housing Site d. Child Care Subsidy Program e. First Time Homebuyers Program f. Plymouth Housing Alliance g. The Community Home Program 8. 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 9. Other Business 10. Adjournment (hra0118) CMllNICIA4L LEGISLATIC7E COMMISSION January 4, 1994 Mr. Dwight Johnson_, City Manager Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Dwight: M -A 1800 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 554024218 Telephone: (612) 672-3600 Facsimile: (612) 672-3777 On behalf of the Municipal Legislative Commission (MLC), we cordially invite you to join us, along with the legislators that represent your suburb, for the Tenth Annual MLC Legislative Dinner being held Wednesday, January 19, 1994, at the Thunderbird Hotel in Bloomington. The social hour will begin at 6:00 p.m., followed by dinner at 7:00 p.m. The evening will be concluded with a short program addressing legislative issues of interest to the MLC. We look forward to seeing you at our annual legislative dinner. Please R.S.V.P. to Liz Fine at 228-9757 by Friday, January 14, 1994. Sincerely, Ben Withhart Councilmember, City of Shoreview Chair, Municipal Legislative Commission Robert G. Renner, Jr. Messerli & Kramer Lobbyist, Municipal Legislative Commission ESF:er&3537 1.W51a 4 JAN ©fi 1994 j Member Cities: Apple Valley, Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, Woodbury METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and six regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit Commission, Metropolitan Waste Control Commission and Regional Transit Board. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. DATE: Jan. 7, 1994 WEEKS OF: Jan. 10 -Jan. 21, 1994 METROPOLITAN COUNCIL Committee of the Whole on Regional Blueprint - Tuesday, Jan. 11, 4 p.m., Housing and Redevelopment Authority Advisory Committee - Wednesday, J 1A. The committee will consider: 1994 work program and budget; draft Metropolitan Council housing position paper; Section 8 fair market rent exception request; shelter plus care update; and other business. I494 Project Management Team - Wednesday, Jan. 12, 10 a.m., Richfield City Hall. The team will consider: revised layouts, progress report on final EIS; schedule for delivery of FEIS chapters; status of interim and related projects - 79th/80th St. & 77th St.; and other business. Metropolitan Radio Systems Planning Committee - Thursday, Jan. 13, 9 a.m., Metropolitan Mosquito Control District, 2099 University Ave., St. Paul. The committee will consider. matrix for inclusion in final report; technical committee report on frequency allocation plan; policy committee report on decision-making structure for frequency allocation plan; outline of final report and legislative recommendations; and cost data if available. Metropolitan Council - Thursday, Jan. 14, 4 p.m., Chambers. The Council will consider: city of Dellwood comprehensive plan amendment annexation of 40 acres; contract with David M. Griffith and Associates for preparation of 1993 cost allocation plan reconciliation and 1994 cost allocation plan; city of Maple Grove plan amendments for Jankowski metropolitan urban service area (MUSA) expansion, Target Center MUSA expansion and Maple Grove Associates MUSA expansion; Crystal comprehensive plan amendment update to plan modification; resolution on Dick Braun's retirement; and other business. Committee of the Whole - Thursday, Jan. 14, immediately following the Council meeting, Chambers. The committee will consider: Twin Cities Refuse Transfer and Recycling facility permit review; extension of voluntary separation and layoff assistance programs; adoption of housing position paper; Generations Project; and other business. Lower Minnesota River Technical Advisory Group - Friday, Jan. 14, 930 a.m., Eden Prairie City Hall, Heritage Room, Eden Prairie. The group will consider: monitoring and evaluating the water quality of the Greater Minnesota portion of the Minnesota River; City of Lakeville's newly adopted environmental protection regulations; and the Metropolitan Nonpoint Source Management Grant Program or Twin Cities Water Quality Initiative. V -S Airport Contingency Assessment Advisory Committee - Friday, Jan. 14, 10 a.m., Room 2A. The committee will review the preliminary draft of the 1994 contingency report and other business. Legislative Coordinating Group - Friday, Jan. 14, Noon Room 2A. TENTATIVE MEETINGS THE WEEK OF JAN. 17 MARTIN LUTI]ER KING JR. DAY/HOLIDAY - Council offices will be closed today. Chair's Informal Meeting with Council Members - Tuesday, Jan. 18, 8 a.m., location to be determined. Committee of the Whole on Blueprint - Tuesday, Jan. 18, 4 p.m. Room 2A. Transportation Advisory Board - Wednesday, Jan. 19, 2 p.m., Chambers. Chaies Informal Meeting with Council Members - Thursday, Jan. 20, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Jan. 20, 4 p.m., Chambers. Committee of the Whole - Thursday, Jan. 20, immediately following the Council meeting, Chambers. Legislative Coordinating Group - Friday, Jan. 21, 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). METROPOLITAN TRANSIT COMMISSION Finance and Administration Committee - Tuesday, Jan. 11, 4 p.m. The committee will consider approving and recommending the following: acceptance of the financial statement as of November 1993; a bus -painting design to promote Nike products; the execution of an agreement with the Minnesota Department of Transportation for operations and maintenance procedures for transit facilities situated along Hwy. I-393 corridor; and the solicitation of bids of engine oil. Members will also receive a status report on a project to develop a Brooklyn Center park -ride lot and a status report on MTC projects as of January 1994. Metropolitan Transit Commission Work Session - Tuesday, Jan. 11, 4:30 p.m. The commission will consider authorizing the following: implementation of the second phase of a project to develop adequate space for offices; the renewal of a lease agreement to retain space for radio transmitters in the Minnesota Mutual Building in St. Paul; a contract award for the production/provision of signs at bus stops; a change order to the Agency's contract for services to modify the landscape at Shingle Creek; three contract awards for the provision of M.A.N. engine parts; a contract award for services to improve the heating and air-conditioning system at the Overhaul Base; the adoption of a Commission mission statement; the execution of an agreement with the Minnesota Department of Transportation to establish operations and maintenance procedures for transit facilities serving the I-394 corridor; amendments to MTC Bylaws to ratify a reorganization structure and to eliminate the position of Assistant Chief Administrator for Transit Development. The commission will also discuss the adoption of a policy on advertising on MTC properties and will discuss the adoption of a. formal position on metropolitan governance. 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. m -s REGIONAL TRANSIT BOARD Legislative Committee - Monday, Jan. 10, 2:30 p.m., Room 1A. The committee will discuss: 1994 legislative program; Metropolitan Transit Commission presentation; identification of constituent organizations; and other business. Committee of the Whole - Monday, Jan. 10, 4 p.m., Chambers. The board will discuss: Anoka County Traveler 1994 contract amendment; November 1993 financial statements; and other business. Providers Advisory Committee (PAC) - Thursday, Jan. 13, 1030 a.m., Room 2A. The committee will discuss: Americans with Disabilities Act (ADA) plan update; capital funding process; 1994 legislative program; proposed recision of private enterprise participation guidance; 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 WASTE CONTROL COMMISSION Ad Hoc Committee on Personnel Policy Analysis and Review - Tuesday, Jan. 11, 10 a.m., Room 1A. Workshop on Board Visioning - Friday, Jan. 14, 8 a.m., Leeann Chin Board Room, 110 Union Depot Place, 214 E. 4th St., St. Paul. 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 CON MSSION Commission Meeting - Tuesday, Jan. 11, 4 p.m., Chambers. The Commission will consider: Carver County request to transfer natural resources grant balance to Lake Minnewashta Park development; Jan. 1, 1994 status report, legislative commission on Minnesota resources (LCMR) 1993-94 grants to Metropolitan Council for regional parks; Metropolitan Council/regional parks 1995 project proposals to LCMR; status and strategies for regional parks 1994 legislative initiatives; and other 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. \\l- 5 la"Pri METRO , a A monthly digest of the activities of the Metropolitan Council, Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, Metropolitan Sports Facilities Commission, Metropolitan Transit Commission, Metropolitan Waste Control Commission, and Regional Transit Board. For commission inquiries, call the commission concerned. Jan. 7, 1993 MCVOPO&= Council The Metropolitan Council is located at Mears Park Centre, 230 E Fifth St., St. Paul, MN, 55101. For more information about Council items, call 291-6359 (TDD: 291-0904). A'HA Metropolitan Council Council activities in December. Council narrows focus, streamlines agency The Council approved a 1994 work program and budget that emphasizes regional economic growth, technical assistance to local communities, and cost-effective and efficient public services for the region. The Council has streamlined its operation for 1994 to focus on five areas: land use, regional investments, transportation, housing, and water supply and quality. The streamlining will also allow the agency to address critical emerging issues. The operating budget of $14.5 million is a 10 percent reduction from the 1993 budget. The largest share of the budget, 59 percent, will come from a regional property tax levy of $8.9 million (the same level as 1993). Federal funds will provide 29 percent and other revenues the remaining 12 percent of the operating budget. In addition to the budget of $14.5 million for agency operations, the Council anticipates administering $35.1 million in grants and loans for various federal- and state -funded programs for the region and local governments. Grant program targets river pollution Reducing river pollution caused by both rural and urban storm -water runoff is the goal of a new grant program, the Twin Cities Water Quality Initiative, approved by the Council in December. Public entities, trade and professional associations, and schools will be eligible to apply for grants to fund projects whose primary purpose is to address what is called "nonpoint source" pollution to streams and the Mississippi, St. Croix and Minnesota Rivers in the Twin Cities area. (Nonpoint source pollution is pollution caused by the pesticides, fertilizers, engine oil and other pollutants that get washed into lakes and streams with rainfall and snow melt.) Grants of up to $100,000 will be made. Local matching funds of 25 percent will be required. The Council also approved its annual work program for nonpoint source pollution abatement. Council priorities for 1994 include urban runoff pollution control; agricultural runoff pollution abatement in Bevens, Carver, Chaska and Sand Creeks; and runoff pollution abatement from - Minneapolis -St. Paul International Airport: The budget for 1994 supports a full-time complement of 148 employees, compared In other actions, the Council: with 190.275 in 1993. • Adopted guidelines for preparation of m -'s �i • • DIGEST �'i community water supply plans and revisions to the Council's guidelines for review of local comprehensive plans. • Approved a comprehensive plan amendment for Roseville to allow for a mixed development of senior housing, a motel and a college dormitory. • Approved a Rosemount comprehensive plan amendment that responds to earlier Council concerns. The amendment changes the timing and staging of the city's year 2000 urban service area and specifies that the city will adopt an ordinance requiring biennial inspections for on-site sewer systems. • Made grants totaling $1.9 million for the 1994-95 fiscal year to the seven metro area counties for recycling development activities. • Approved application materials for the fiscal year 1994 Request for Proposals Market Development Grant Program, a joint project with the Minnesota Office of Waste Management. • Approved a grant of $507,062 to the Solid Waste Management Coordinating Board for a regional solid waste public education campaign; and a grant of $126,320 to the board to reduce the amount of unprocessed waste from the metro area going to landfills by 10 percent and increase participation in the metro household hazardous waste management programs by 10 percent. • Approved the development master plan for Cedar Lake Regional Trail. • Approved an amendment to the Metropolitan Waste Control Commission's implementation plan for emergency repairs to a Shorewood interceptor. • Approved a 1993 budget amendment of $52,340 to help fund the State Advisory Council on Metropolitan Governance. • Approved a comprehensive plan amendment from Independence to add 135 units to the existing sewer collection system. • Approved an Inver Grove Heights comprehensive plan amendment to reduce the density of a 40 -acre residential zone. • Authorized grants to Bloomington and the Suburban Hennepin Regional Park District for acquisition of parcels inside two regional parks. • Recommended that the Board of Soil and Water Resources not approve the Upper Rum River Watershed Management Organization plan until several issues are addressed, including establishment of a lake and stream water quality monitoring program consistent with Council guidelines. • Approved a comprehensive plan amendment from Oak Grove Township to require biennial inspections for on-site sewer systems. • Decided not to hire any external lobbying assistance. • Commented on a St. Paul reevaluation of the preferred alternative for reconstruction of the Shepard Rd. -Chestnut St. intersection. • Approved an update to its affirmative action plan. • Approved a report on personnel, ethical practices and communications activities to the legislature. • Approved the 1992 program evaluation report to the legislature. New Publications The following publications have been published recently by the Metropolitan Council. To order, write the Metro Council Data Center, 230 E. Fifth St., St. Paul, MN 55101. These publications are also available at major public libraries in the Metro Area. 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. m- s a METRO DIGEST. a Metropolitan Commission Activities Metropolitan Parks and Open Space Commission The commission in December: • Approved and forwarded to the Council a position paper describing revised mechanisms to fund the capital costs of the regional parks, including an ongoing regional bonding program. • Approved and forwarded a draft Regional Recreation Open Space capital improvement program (CIP) for public hearing. The CIP, which covers regional park acquisition, development and redevelopment programs in all the regional parks, park reserves and trails from master plans through the year 2000, is the basis for the Council's grant program and is used to determine funding requests from the state legislature. • Approved an acquisition grant of $500,00 to the Minneapolis Park and Recreation Board for property to be added to the Central Mississippi Riverfront Regional Park. • Approved a Ramsey County request to reallocate funds from other regional grants to be used for work underway in Battle Creek Regional Park in Maplewood. • Discussed Council reorganization and transition; regional parks legislative initiatives; and implementing agency concerns about the support that the regional park system will receive from the reorganized Council. The parks commission offices are located at Mears Park Centre, 230 E Fifth St., St. Paul, 55101. For more information, call 291-6602. Regional Transit Board Former Washington County Commissioner and Transportation Advisory Board chair Sally Evert was named by Gov. Arne Carlson as chair of the Regional Transit Board. The board in December. • Approved a proposed 1994 service plan for North Suburban Lines Rice Street weekday and Saturday service, and Lexington weekday service. • Authorized the executive director to approve the ATE Inc. recommendations for a three -provider Metro Mobility system, and to execute the settlement agreement and mutual release between Metro Ride, Inc., and RTB and ATE, as well as a separate settlement agreement and mutual release between Handicabs, the RTB and ATF- 0 TE• Approved a request to hold a public hearing on the 1994 Americans with Disabilities Act Paratransit Plan update. • Approved the closing of the light rail transit engineering fund. • Approved the 1994 Jobseekers program. • Approved the North Suburban Lines 1994 contract. • Approved the Human Services, Inc., contract amendment and 1994 contract; and the Dakota Area Resources and Transportation for Seniors (DARTS) 1993 contract amendment and 1994 contract. • Approved amendments to the 1993 RTB budget. • Heard an update on the Metro Mobility program. The RTB is located on the seventh floor of Mears Park Centre, 230 E. Fifth St., St. Paul, MN, 55101. For more information, call 292- 8789. Metropolitan Sports Facilities Commission The commission in December: • Reviewed the Met Center Advisory Task Force recommendations and adopted the following recommendations regarding Met Center: 1) the commission should sell or lease the Met Center site, using its best judgment to determine the opportune time and conditions for such a sale or lease; 2) m -s dal METRO DIGEST 9 the commission should discontinue operations of Met Center as a sports and entertainment facility, and the facility should be demolished; and 3) restrictive covenants should be present in the deed precluding the use of the Met Center site for the purpose of operating a major convention or trade show facility that would compete with the St. Paul Civic Center and the Minneapolis Convention Center. • Agreed to seek competitive bids on property and liability insurance coverage at least every five years, with the discretion to do so more frequently as it is deemed appropriate. • Agreed to keep the Met Center open for youth, high school and community hockey ice rental through February 1994 with the option to extend if practical beyond that date depending on use, financial impact, building demolition, etc. • Adopted a document outlining 10 principles to be considered when working on the Target Center issue. The Metropolitan Sports Facilities Commission office is located at 900 South Sth St., Minneapolis, MN 55415. For more information, call 332-0386. Metropolitan Airports Commission • Under former Chairman Hugh Schilling, Commissioner Rehkamp had been appointed chairman of a subcommittee that was formed to review commission policies and procedures. Commissioner Rehkamp reported in December that he anticipates completion of the following for discussion at a January meeting: 1) mission statement; 2) commissioner survey; and 3) list of priorities for committee consideration. • The commission awarded a three-year contract to the Calhoun Maintenance Company for the Lindbergh Terminal cleaning contract. • Several meetings have been held by the Affirmative Action Committee to discuss the commission's Disadvantaged Business Enterprise Plan, resulting in a number of recommended changes. The plan will be brought to the commission in January. • The commission sent a letter in August to all air carriers serving Minneapolis -St. Paul International Airport proposing a new noise management methodology to replace for -mer noise budget methodology. A wide range of comments had been received, from endorsement to opposition. Staff will be meeting with the carriers early in 1994 to incorporate concerns expressed and a draft voluntary noise management methodology agreement will be prepared for commission consideration. Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more information, call Lynn Sorensen at 726-8186. Metropolitan Waste Control Commission The commission in December.- The ecember. • Citing the need for a change in leadership, the commission board approved by a 7 to 2 vote a resolution terminating the appointment and employment of Chief Administrator Gordon Voss. Commissioners John Weaver and Jack Irving voted against the resolution. The board began the process of recruiting a new chief administrator immediately. Until then, Deputy Chief Administrator Helen Boyer will administer the agency. • Approved transmittal to the Metropolitan Council of the draft Wastewater Treatment and Handling Implementation Plan, 1994- 2010, including addendum no. 1. The plan is the agency's long-range blueprint to meet wastewater treatment needs for the next 20 years- * Approved transmittal to the Minnesota Pollution Control Agency of the draft phase H report of the commission's centralization/decentralization study. The commission was directed by the Metropolitan Council to study the ramifications of either centralizing or decentralizing wastewater treatment capacity in the next century; i.e., expanding current facilities or building new "decentralized" facilities in remote locations. • Approved a loan application to the Minnesota Public Facilities Authority for $60 million to fund four new capital improvement projects: Elm Creek interceptor; Waconia interceptor improvements; Minneapolis meter station improvements; and a quality control building. • Approved funds to design, construct, and install an interpretive display on the site of the former Anoka Wastewater Treatment Plant, which will be developed into Two River Peninsula Point Park Working in conjunction with the City of Anoka, the display will incorporate historical and environmental messages about the significance of the site. Funds will not exceed $30,000. The commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, 55101. For more information call 222-8423. Metropolitan Transit Commission The commission in December. • Approved the 1994 budget as proposed. • Elected commissioner Snowden as chair; commissioner Dean vice -chair; commissioner Hartle treasurer; and commissioner Mairs secretary. • Appointed chairs to the committees: Paulson for Operations; Hartle for Transit Development; and Mairs for Finance and Administration. • Proposed the establishment of two policies. The first would provide commissioners an opportunity to review in advance proposed revenue -generating contracts and renewals; and the second would restrict the types of promotions that may appear on MTC properties. A commission mission statement was also drafted and was circulated for review. • Authorized various contracts and change M-5 orders. The MTC offices are located at 560 Sixth Av. N., Minneapolis, MN 55411. For more information call 349-7400. — Comprehensive view of water quality, drainage and development issues and regulations at State and Federal levels. — Practical aspects of application of State and Federal regulations. ` — How to improve water quality, comply with State and Federal regulations and still meet requirements for development and agriculture. — Practical information to guide local governmental, development and agricultural decisions. Thursday, February 3, 1994 8:30 a.m. - 4:30 p.m. Social Hour: 4:30 - 6:00 and Friday, February 4, 1994 8:30 a.m. - 4:30 p.m. St. Cloud Civic Center Herberger Suite 10 Fourth Avenue South St. Cloud, Minnesota i I This year's conference is intended to not only X11 explain and update State and Federal regulation, but also to show the practical application of these rules. This conference is designed to go beyond the rules and present information from citizens who work daily with water quality and development issues. The goal of the conference is to make the information relevant to those who must deal with environmental regulations in their governmental or business decisions. REGISTRATION Seating is limited. To reserve seats, complete the registration on the back of this brochure. Send it with a check made payable to Rinke-Noonan. Seminar fee is $95.00 for each person attending. To ask about registration, seating, or other arrangements, phone: Barb Trewick (612) 253-8829 This seminar is being submitted for CLE credit approval. OVERNIGHT ACCOMMODATIONS For your convenience, a block of rooms has been set aside until January 19th, 1994 at the Kelly Inn - 612/253-0606 adjacent to the Civic Center. When you call for reservations, mention you are attending this seminar. Other nearby hotels: Radisson Suite Hotel 612/654-1661 Americanna Inn 612/252-8700 TME PROGRAM Thursday, February 3, 1994 8:30 - 9:00 Registration, Continental Breakfast 9:00 - 9:10 Introduction - Kurt A. Deter 9:10 - 10:00 Nonpoint Source Pollution and Feed lot Regulation - Kathy Svanda and Dave Nelson, Minnesota Pollution Control Agency j 10:00 - 10:45 Future of Agriculture within Environmental Regulations - Elton Redalen - Commissioner of Agriculture 10:45 - 11:00 Break 11:00 - 11:30 Flood Plain and Shoreland Ordinance - John Stine - DNR 11:30 - 12:00 Clean Lakes Water Partnership Grants - Kathy Svanda - Minnesota Pollution Control Agency 12:00 - 1:30 Lunch on your own 1:30 - 2:15 Aa Practices to Promote Cleaner Water - Jean Fiedler - Modern Farm Equipment 2:15 - 3:00 Watershed and Lake Management - A Citizen's Experience - Harold Dziuk - Professor Emeritus 3:00 - 3:15 Break 3:15 - 3:45 Water Quality Effect on Lakeshore Property Values - David Gulsvig, Century 21, Land of Lakes 3:45 - 4:30 Engineerin-q_Alternatives For Cleaner Lakes - Ted Frostman 4:30 - 6:00 Social Hour (Sponsored by Rinke-Noonan) Friday, February 4, 1994 9:00 - 9:05 Introduction - Kurt A. Deter 9:05 - 9:45 Corps of Engineers' Update on the Clean Water Act - Ben Wopat, Corps of Engineers 9:45 - 10:30 Causes and Emergency Response to Flooding -James D. Ruyak, U.S. Army Corps of Engineers 10:30 - 10:45 Break j 10:45 - 11:30 Future of Watershed Districts in Minnesota- Don Ogaard 11:30 - 12:00 Road Construction within Wetland Regulations - Frank Pafko, Office of Environmental Services, Department of Transportation 12:00 - 1:30 Lunch on your own 1:30 - 2:45 1991 Wetland Conservation Act Rules, Making Money from Wetlands - Ron Harnack, Board of Water and Soil Resources 2:45 - 3:00 Break 3:00 - 3:45 Is Drainage and Development Still Possible Under Current Regulations? - Kurt A. Deter 3:45 - 4:00 Questions & Answers ' SEMINAR SPEAKERS Kurt A. Deter - is a partner with the Rinke-Noonan Law Firm. He Fos concentrated his practice working with water and wetland. issues. He represents watershed districts, counties, cities, contractors, builders and farmers on wetland and water related issues. Kath Svanda - has been with the Minnesota Pollution Control Agency for 20 years. She is currently the manager of Nonpoint Source Section, Division of Water Quality. Dave Nelson - is supervisor of the MPCA Feed Lot Program. Dave is a registers engineer with a degree in Agricultural Engineering from the University of Minnesota. Elton Redalen - Minnesota's Commissioner of Agriculture since 1991�co-authored Minnesota's 1989 Comprehensive Ground Water Protection Act. John Stine - Administrator of Permits and land Use Section, DNR Division of Waters. John oversees the state permit programs for public waters, wetlands, and water appropriation as well as the state flood plain, shoreland, and wild and scenic rivers and land use/zoning programs. Jean Fiedler - Jean is involved in farming and retail sales of farm equipment in Sauk Centre. 1988 recipient of Minnesota Outstanding Conservationist award. Jean has been involved in conservation farming for the past 20 years and works closely with the Stearns County Soil Conservation Service. Harold Dziuk - Professor Emeritus, University of Minnesota, c airman o Steering Committee of Big Sand Area Lakes Watershed Management Project. Harold is also active in the Aitkin County, Big Sandy and Minnesota lake Associations. Dave Gulsvi - Broker/Owner of Century 21, Land of Lakes, Gran Rapi s, MN. Ted Frostman - is a scientist with FTS Consultants, Ltd. and has over 25 years experience with lake quality and management. Ben Wopat - is chief of the Regulatory Branch of the St. Paul District Corps of Engineers. He is directly involved in policy and enforcement of permits and jurisdiction throughout Minnesota. James D. Ru_ ak - is area manager for the Mississippi Headwaters Lakes Project, U.S. Army Corps of Engineers. Don Og_aard - is the executive director of the Red River Water Mgmt. Board and is a past member on the Board of Water & Soil Mgmt. Don has extensive experience with watershed district issues. Frank Pafko - is director of Environmental Process Section of MN Depth Transportation. Frank has 16 years experience with transportation -related environmental issues with emphasis in wetlands. He is also prime author of MN DOT's wetland bank. Ron Harnack - executive director, Board of Water and Soil Resources. Ron was instrumental in the development and passage o the 1991 Wetland Conservation Act. ria CITY CENTER MEETINGS January 1994 *REVISED MEETING ** NEW MEETING 1/13/94 RA F® CITY CENTER MEETINGS T 1 1 r% 1-1 A *REVISED MEETING ** NEW MEETING 1/13/94 rR CITY CENTER MEETINGS March 1994 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 S PRECINCT CAUCUSES - 7 P.M. 6 7 8 9 10 11 12 00 PM COUNCIL :00 PM BOARD OF :00 PM FINANCIAL :00 PM PRAC MEETING ZONING ADVISORY COMMITTEE :00 PM PLANNING COMMISSION 13 14 15 16 17 18 19 *REVISED MEETING ** NEW MEETING 1/13/94 City Council Weekly Planner January 16 -February 26, 1994 1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 16 Jan 17 Jan 18 Jan 19 Jan 20 Jan 21 Jan 22 :00 PM SPECIAL', COUNCIL ET-,'" WP C!"mo 3e -ion. :00 PM HRA LC Legislative Dinner, Thunderbird Hotel - Social 6 .m• Dinner 7 p.m Martin Luther King Jr. - City Offices Closed Jan 23 Jan 24 30 PM I LYMOV-1 TH'FORUM'` Jan 25 Jan 26 Jan 27 Jan 28 Jan 29 :45 PM PLAN- NING FORUM :00 PM PLAN- NING COMMISSION 6:001K' K' ON` :OO PM COUNCIL' T G 7:00 PM PACT Jan 30 Jan 31 Feb 1 Feb 2 Feb 3 Water Lake 8c Wetland Feb 4 Cont: - Sr. Cloud Feb 5 FIRE & ICE FESTI- VAL - Parkers Lake Park :00 PM COUNCW, 5TUDY SES8iON/ BOARD & COM- 1giSSiON v R :00 PM WATER QUALITY COMMITTEE MC Conference for Newly Elected Officials - Sheraton Inn Midway, St. Paul 7:15 a.m. Feb 6 Feb 7 Feb 8 Feb 9 Feb 10 Feb 11 Feb 12 :00 PM COUN- CIL MEETING I :00 PM BOARD OF ZONING 4:00 PM FINAN- CIAL ADVI- SORY COMMITTEE :00 PM PRAC :00 PM PLAN- NING COMMISSION Feb 13 Feb 14 Feb 15 Feb 16 Feb 17 Feb 18 Feb 19 OO PM COUNCIL:00 STIJD - ON= PM HRA :00 PM PACT Feb 20 Feb 21 Presidents Day - City Offices Closed Feb 22 Feb 23 Feb 24 Feb 25 Feb 26 :45 PM PLAN - NING FORUM :00 PM PLAN- NING COMMISSION *Revised Meeting "New Meeting 1/13/94 MINUTES PLYMOUTH CHARTER COMMISSION DECEMBER 13, 1993 PRESENT: Virgil Schneider, Patrick Foley, Pauline Milner, Ellie Singer, Jon Speck, Sandy Patterson, Todd Wirth, William Pribble, John Duntley, Joy Tierney, Timothy Peterson ALSO PRESENT: Kathy Lueckert, Assistant City Manager EXCUSED ABSENCES: Kapila Bopra, H. David Crain ABSENT: Tyrone Bujold Call to Order Chair Schneider called the meeting to order at 7:05 p.m. Election of Officers Motion was made and seconded to retain the existing officers. The motion carried. The officers of the Plymouth Charter Commission for 1994 are: Virgil Schneider, Chair William Pribble, Vice -Chair Kapila Bopra, Secretary. Approval of Minutes Motion was made and seconded to approve the minutes from the December 14, 1992 Plymouth Charter Commission meeting. The motion carried. Approval of Chair's Annual Report to the District Court Motion was made and seconded to approve the annual report of the chair of the Plymouth Charter Commission to the District Court. The motion carried. Other Business 1. Citv Clerk Memorandum to the Charter Commission There was general discussion about the memorandum to the Commission from City Clerk Laurie Rauenhorst. The issues raised in that memo include the following: Residency requirements for candidates at the time of filing • Report of Campaign Contributions • Effect of 4/5 Voting Requirement on Seven Member Council The only issue requiring a modification to the Charter is that of residency at time of filing. Mr. Speck noted that amendments to the Charter could be made to correct problems such as this. Mr. Pribble indicated that he felt that this change was minimal, and that he hesitated to incur the expense required by an election to correct a small problem. He suggested that the Charter Commission could draft amendments, but then hold these until there were a sufficient quantity to justify the expense of placing Charter changes on the ballot. Mr. Pribble moved that minor changes be tabled until there were also major amendments to the Charter. The motion was seconded, and the motion carried. 2. Primary Election Chair Schneider suggested that the City might want to consider having a primary election, given the amount of interest in the 1993 election, evidenced by the number of candidates for each available seat. Mr. Schneider wondered if this level of interest is a temporary phenomenon. He suggested that if the City did want to consider a primary election, it would be best to have a primary in an even year, when other primaries also would be held. 3. Charter Commission Vacancy Chair Schneider stated that he had not heard from the District Court and Judge Burke about filling Jerry Ford's vacancy. General discussion followed about the process required to fill the vacancy. 4. Setting the 1994 Charter Commission Meeting It was moved and seconded that the annual meeting of the Plymouth Charter Commission be held on Monday, December 5 in 1994. 5. Minutes of December 1993 Meeting It was moved and seconded that the minutes of the December 13, 1993 meeting be sent out within thirty days of the meeting. The motion carried. There was discussion about waiting until Judge Burke appoints the individual to fill the vacancy. Adjournment The annual meeting of the Plymouth Charter Commission was adjourned at 7:30 p.m. The City received word on January 6, 1994, that Judge Burke has appointed Robert C. Sipkins to fill the vacancy on the Plymouth Charter Commission. Mr. Sipkins lives at 2621 Comstock Lane. A copy of Judge Burke's order is attached. PLYMOUTH CHARTER COMMISSION OFFICERS: Virgil A. Schneider, Chair William C. Pribble, Vice Chair Kapila J. Bobra, Secretary TERM NAME AND ADDRESS EXPIRES Kapila J. Bobra 6/19/95 2600 Pineview Lane Plymouth, MN 55441 Tyrone P. Bujold 615 Holly Lane Plymouth, MN 55447 Send Mail: 2800 LaSalle Plaza 800 LaSalle Avenue Minneapolis, MN 55402 H. David Crain 13200 38th Avenue No. Plymouth, MN 55447 John M. Duntley 1015 Pineview Lane No. Plymouth, MN 55441 Patrick J. Foley 35 Nathan Lane, No. 223 Plymouth, MN 55441 Robert C. Sipkins 2621 Comstock Lane Plymouth, MN 55447 Pauline V. Milner 2355 Jonquil Lane Plymouth, MN 55441 Sandy Patterson 10600 Old County Road 15 Plymouth, MN 55441 6/19/95 TELEPHONE (H) 559-1061 (0) 348-6774 (H) 476-4435 (0) 349-8755 \C�' R. 10-28-93 APPOINTED: 6/20/91 6/20/91 6/19/95 (H) 559-1642 6/20/91 (0) 540-4105 6/19/95 (H) 544-1620 6/20/91 (0) 544-5469 6/19/95 (H) 542-9005 6/20/91 (0) 339-4511 6/19/95 (H) 550-1239 1/04/94 6/19/95 (H) 559-2779 6/20/91 6/19/95 (H) 553-0278 6/20/91 (0) 546-5588 PLYMOUTH CHARTER COMMISSION Page 2 NAME AND ADDRESS Timothy J. Peterson 3235 Wellington Lane No. Plymouth, MN 55441 William C. Pribble 17330 19th Avenue No. Plymouth, MN 55447 Virgil A. Schneider 11520 54th Avenue No. Plymouth, MN 55441 Ellie Singer 10115 29th Avenue No. Plymouth, MN 55441 Jon A. Speck 835 Vicksburg Lane Plymouth, MN 55447 Joy Tierney 17915 20th Avenue No. Plymouth, MN 55447 Todd S. Wirth 10755 54th Avenue No. Plymouth, MN 55442 TERM EXPIRES TELEPHONE 6/19/95 (H) 541-1125 (0) 546-2211 R. 11/23/92 APPOINTED: 6/20/91 6/19/95 (H) 473-8120 6/20/91 (0) 593-0041 6/19/95 (H) 559-1111 6/20/91 (0) 377-0083 6/19/95 (H) 593-0138 6/20/91 6/19/95 (H) 473-4116 6/20/91 (0) 853-3014 6/19/95 (H) 473-1681 6/20/91 6/19/95 (H) 553-9802 6/20/91 (0) 925-2535 Appointments were made by Hennepin County Chief Judge Roberta K. Levy, on 6/20/91. All appointees are eligible to serve a second four-year term. k - `u CITY OF PLYMOUTH PLANNING COMNIISSION MINUTES DECEMBER 22, 1993 The regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Acting Chairman Dennis Zylla. MEMBERS PRESENT: Commissioners Barb Stimson, Mike Wigley, Ed Albro, Dennis Zylla, and Chairman Stulberg (arrived at 7:29) MEMBERS ABSENT: Commissioners Julie Witt and Scott Syverson STAFF PRESENT: Director Anne Hurlburt, Associate Planner John Keho, and Planning Secretary Jackie Watson MOTION by Commissioner Wigley, seconded by Commissioner Stimson to approve the Planning Commission Minutes of December 8, 1993. Vote. 4 Ayes. Motion carried. HERITAGE WOOD ESTATES (93119) Chairman Stulberg introduced the request by Tom Graham on behalf of the homeowners in the Heritage Woods Estates 2nd Addition for an Amended Planned Unit Development Plan and Conditional Use Permit to eliminate the requirements for sidewalks on property located west of Northwest Boulevard at 56th Avenue North. Associate Planner Keho reviewed the December 8, 1993 staff report. Commissioner Wigley asked if the money was in the form of a bond or cash, and would it go directly to the Homeowners Association. Associate Planner Keho stated that the funds were probably in the form of a bond or letter of credit and that cash would go directly to the Homeowners Association. Commissioner Zylla asked if Park and Engineering Departments approved of the request. Associate Planner Keho replied that they did. Commissioner Albro asked if staff had any safety concerns. Associate Planner Keho stated that staff had no safety concerns regarding this request. S \b Planning Commission Meeting December 22, 1993 Page 233 Acting Chairman Zylla introduced Mr. Brian Johnson, representing the petitioner. Mr. Johnson stated that he agreed with the conditions listed in the staff report. Acting Chairman Zylla opened the Public Hearing. Acting Chairman Zylla introduced Mr. David Phillips of 5595 Vinewood Lane. Mr. Phillips stated he represented the neighborhood and that they had taken a vote and a large majority of the homeowners were in favor of this request and agreed with the conditions of he staff report. . Commissioner Zylla stated that there was nothing to prevent the homeowners from using the money for other things besides improvements to the tot lot. Mr. Phillips stated that some time ago the neighborhood wanted to give the tot lot to the City, but the City was not interested in taking possession of the site. Director Hurlburt stated that the required improvements to the tot lot have already been completed. Associate Planner Keho stated that the Engineering Department wanted some improvements done along Northwest Boulevard with the funds. This would be to do some sodding behind three houses which abut Northwest Boulevard. Mr. Phillips stated that the homeowners do not want to upgrade the tot lot beyond that which is required because of the increased maintenance and liability that would result. Acting Chairman Zylla closed the Public Hearing. Motion by Commissioner Wigley, seconded by Commissioner Stimson to recommend approval of the request by Tom Graham on behalf of the homeowners in the Heritage Woods Estates 2nd Addition for an Amended Planned Unit Development Plan and Conditional Use Permit to eliminate the requirements for sidewalks on property located west of Northwest Boulevard at 56th Avenue North, subject to the conditions listed in the December 8, 1993 staff report. Commissioner Albro asked if any precedents were being set by this action. Director Hurlburt stated that other HOA's which had similar situations could request to amend their PUD's just as this is being done. Commissioner Stimson stated that this would be one of the few developments in the City that would have sidewalks, if this request was not approved. Planning Commission Meeting December 22, 1993 Page 234 Director Hurlburt stated that this request presents an issue regarding PUD's as far as required open space. She said that the Planning Commission should take a look at this subject in the future as it may be better to not require these amenities in PUD's. Commissioner Wigley stated that a completed PUD would have to come back to the Commission if they wanted to remove something such as a basketball court from the approved plan. Commissioner Albro stated that we should encourage open space in PUD's, but not amenities that include liability and costly upkeep. Roll Call Vote 4 Ayes. Motion carried on an unanimous vote. FREEMAN'S, INC. (93125) Acting Chairman Zylla introduced the request by Freeman's, Inc. for a Final Plat, Site Plan, Conditional Use Permit and Rezoning for property located south of Highway 55, east of Nathan Lane, north of Shelard Parkway. Acting Chairman Zylla waived the review the December 13, 1993 staff report. Acting Chairman Zylla introduced Mr. Craig Freeman representing the petitioner. Mr. Freeman stated he was in agreement with the conditions of the staff report. Acting Chairman Zylla asked if the parking plan would provide enough parking. Mr. Freeman stated that there would be more than enough parking. He said that the outside parking would be all guest parking with underground parking provided for tenants. Associate Planner Keho stated that 1.5 parking spaces were required for a senior citizen site. He said that if the proposed use changed in the future, the proof -of -parking would provide the additional parking needed on the site. Commissioner Stulberg joined the discussion at 7:29 p.m. Acting Chairman Zylla opened and closed the Public Hearing as there was no one present to speak on the subject. Commissioner Wigley stated that he would like to know what was being done to target prospective occupants aged 55 and older. He said he felt somewhat uncomfortable about the amount of parking spaces to be provided. 11 QD Planning Commission Meeting December 22, 1993 Page 235 Mr. Freeman stated the entire building will be handicapped accessible, with 11 units designed specifically for handicapped persons and would be marketed this way. He said that if the building were sold at some time in the future and not used for the elderly and handicapped, the proof -of -parking would cover a different type of tenant. MOTION by Commissioner Stimson, seconded by Commissioner Albro to recommend approval of the request by Freeman's, Inc. for a Final Plat, Site Plan, Conditional Use Permit and Rezoning for property located south of Highway 55, east of Nathan Lane, north of Shelard Parkway, subject to the conditions listed in the December 13, 1993 staff report. Roll Call Vote. 5 Ayes. Motion carried on an unanimous vote. BANNER ENGINEERING CORPORATION (93126) Chairman Stulberg introduced the request by Banner Engineering Corporation for a Site Plan and Variances to construct a 20,000 square foot building at 9714 10th Avenue North. Associate Planner Keho reviewed the December 12, 1993 staff report. Chairman Stulberg introduced Mr. Dan Gallagher representing the petitioner. Mr. Gallagher reviewed the proposal for a research and development building on this site and stated he was in agreement with the conditions of the staff report. Chairman Stulberg introduced Mr. Ray Johnson of 1030A Nathan Lane. Mr. Johnson asked if there would be two new buildings and how far the new buildings would be from his home. Mr. Gallagher explained that there would be only one new building which would be 295 feet from Mr. Johnson's property line. He said that the variance requested was to allow two buildings on one site. MOTION by Commissioner Zylla, seconded by Commissioner Wigley to recommend approval of the request by Banner Engineering Corporation for a Site Plan and Variances to construct a 20,000 square foot building at 9714 10th Avenue North, subject to the conditions listed in the December 12, 1993 staff report. Vote. 5 Ayes. Motion carried on an unanimous vote. Planning Commission Meeting December 22, 1993 Page 236 HENNEPIN COUNTY PROPERTY MANAGEMENT (93127) Chairman Stulberg introduced the request by Hennepin County Property Management for a PUD Landscaping Plan Amendment for property located at the northeast corner of 36th Avenue North and Vicksburg Lane. Associate Planner Keho reviewed the December 8, 1993 staff report. Commissioner Wigley asked staff to explain the burn of the prairie grass and how often it would need to be done. He asked if the burning would create any problems for the City. Associate Planner Keho stated the prairie grass would probably be burned once a year. He said there are other places in the City that do this burning every year. Chairman Stulberg introduced Mr. Richard Strong representing the petitioner. Mr. Strong stated that the burn would be done the second year and then annually thereafter. Mr. Strong stated that land surrounding the Brookdale Library is entirely prairie grass. He said was mowed and not allowed to get real tall. Commissioner Zylla asked what dollar amounts were involved for sod versus prairie grass. Mr. Strong stated that it would cost about $40,000 to sod all the site, and only $12,000 to sod the portion recommended by the City, He said he was not opposed to the City's compromise. Mr. Strong stated that the architect was the one who suggested other alternatives to the building exterior to conserve funds since they are on a limited budget. Commissioner Albro asked if the County was closing 3 other libraries to build this one. Mr. Strong stated they would be closing 4 libraries in the future, because they were in a small user area, and it was a matter of efficiency. He said that Plymouth was a growing suburb where there would be heavy usage. Chairman Stulberg introduced Mr. Joe Domagala of 17705 County Road 24. Mr. Domagala stated that this was a part of the City Center area which requires all brick exteriors and that the Commission should not even discuss any building without an all brick exterior. He said that prairie grass may be cheaper but the ordinance requires sod. He said that prairie grass needs to be continually reseeded and would encourage noxious weeds which would need to be sprayed. The reason for the burn Z � �) Planning Commission Meeting December 22, 1993 Page 237 would be to destroy the weeds and this would cause smoke. He said he objected to this precedent being started in the City Center area, and it would not be fair to expect other future businesses to adhere to the requirement for sod. He said the City should demand a higher level of development in this downtown area. Commissioner Albro asked what the benefits of prairie grass were as far as environmental or maintenance costs. Mr. Strong stated that long term maintenance would cost less. He said they would have to use chemicals the first year, but no watering or chemicals would be used after that. Commissioner Albro stated that he felt the tone of the letter received from the County made him feel as though the alternative to the City not allowing the prairie grass and the County changing the building exterior was an ultimatum put to the City by the County. Mr. Strong stated it was not intended that way. He said the architect suggested that the changes to the building exterior would help offset costs. MOTION by Commissioner Albro, seconded by Commissioner Wigley to recommend denial of the request by Hennepin County Property Management for a PUD Landscaping Plan Amendment for property located at the northeast comer of 36th Avenue North and Vicksburg Lane, based on the fact that it was not appropriate to lower the standards that will be expected of other commercial developers in the area. Commissioner Stimson stated that she was in favor of this request and thought it would be a good place to try prairie grass, especially with the signage which would be required as this would increase the learning environment of the library. She said she felt the library was unique in a commercial area. Commissioner Wigley stated that he did not think a burn in the downtown area would be appropriate. Commissioner Zylla stated he would like to know what the prairie grass would look like. Associate Planner Keho stated that he did not have any pictures but it was a specific mix that would prohibit weeds. Mr. Strong stated that they would plant selected flowers in the prairie grass that would match the building colors, and that they would keep it cut to a height of 2 feet. Mr. Domagala stated that the prairie restoration type of grass would not grow as high but if it was not the proper mixture it would be difficult to maintain. He said it may --I- \b Planning Commission Meeting December 22, 1993 Page 238 have to be reseeded and can get expensive if it doesn't grow. He said the burning gets rid of the undesirable seeds. Mr. Strong stated it would take 2 years to see if the prairie grass would work. Commissioner Zylla stated that he would approve it if a condition to review it after a year was added to the resolution, but he stated that the irrigation system should be installed at the beginning of development. Director Hurlburt stated that a Public Hearing has not been held to Amend the Planned Unit Development Plan. Commissioner Zylla stated that a Site Improvement Performance Agreement bond would need to be held to guarantee the prairie mix and if it did not work then they would have to sod. Chairman Stulberg stated he was opposed to the prairie grass. He said that when the City Council approved the plan they stated that the building must be brick and there must be sod. Roll Call Vote on Motion to Deny. 3 Ayes, Commissioners Zylla and Stimson voted Nay. Motion to deny carried. Director Hurlburt discussed what happened at the City Council meeting on December 20, 1993 regarding the requests by Baton Corporation, Carlson Company, Daniel Development. and the PUD Ordinance. Chairman Stulberg discussed new appointments to the Planning Commission. He said that Commissioner Syverson had resigned since he moved out of Plymouth and Commissioner Zylla said he was also planning to resign. The Commission members agreed that the Chairs of the various boards be asked by the City Council to participate in the interview process. He asked Director Hurlburt to forward this recommendation on to the City Council. Director Hurlburt discussed the upcoming meeting schedules, and asked that Commissioners call as soon as possible if they will not be able to attend any of the upcoming meetings, until the Commissioner are replaced, so that we would be sure to have a quorum at each meeting. Commissioner Albro discussed the topics of concern that the Board of Adjustments and Appeals had expressed regarding the PUD amendments, sign ordinance and monuments. The meeeting adjourned at 8:50 p.m. INDEPENDENT SCHOOL DISTRICT 284 Wayzata, Minnesota BOARD OF EDUCATION PUBLIC HEARING 1993 PAYABLE 1994 PROPERTY TAX LEVY December 13, 1993 - 7:00 p.m. District Administration Building - Board Room A subsequent public hearing regarding the 1993 Payable 1994 Property Tax Levy was convened by the Board of Education of Independent School District 284 on Monday, December 13, 1993, 7:12 p.m. in the board room of the District Administration Building, 210 County Road 101 North, Plymouth, pursuant to due notice. The hearing was broadcast live on cable television Plymouth Channels 59/67 and Wayzata Channel 8, and delayed broadcast on Minnetonka Channel 35. Board Chair Paul Landry called the hearing to order and Executive Assistant Lucille Balombiny called the roll. The following School Boardmembers were present: Mr. Howard B. Casmey, Mr. John C. Dettloff, Mrs. Patricia L. Gleason, Mr. Paul L. Landry, Mr. Michael J. Murphy, Mrs. Marilu Theodore, and Dr. David R. Landswerk, Ex Officio. School Boardmembers absent: Mrs. Debra L. Jamrogiewicz. Others present: Bruce R. Halgren, Jerry Vogt, Lucille M. Balombiny, Patty McDonald (WEEKLY NEWS), Jay Maxwell (PLYMOUTH SUN -SAILOR), John Greupner, Tom Ahmann (School Boardmember Elect), Karen Parks (School Boardmember Elect), and cable television crew: Dan Carlson, Kathy Schum, and Tiffany Burgi. Public Hearing Roll Call \L Jerry Vogt, Executive Director of Finance and Business Services, reported that Levy Limitation District residents would experience an 8.3% decrease in the school portion of and Certification their 1994 property taxes; he then reviewed the proposed levy and recommend- 1993 Payable 1994 ed its approval. - Approved A motion was made by Mr. Casmey and seconded by Mrs. Theodore to approve the final Levy Limitation and Certification 1993 Payable 1994 for Independent School District 284 as follows: GENERAL FUND $28,610,042.57 TRANSPORTATION FUND 2,206,474.92 COMMUNITY SERVICE FUND 967,027.89 CAPITAL EXPENDITURE FUND 2,218,413.64 DEBT SERVICE FUND 4,172.559.66 TOTAL $38,174,518.68 Wayzata Board of Education Public Hearing - December 13, 1993 Board Chair Landry opened the public hearing to comments from the audience. No one came forward to address the Board. Mr. Landry called for a vote on the motion to approve the levy certification. The motion passed unanimously by those present on a 6-0 vote; Mrs. Jamrogiewicz was absent. Minutes Page 2 Levy Limitation and Certification 1993 Payable 1994 - Approved (continued) There, being no additional business before the School Board at this public Adjourn hearing, a motion was made by Mrs. Gleason and seconded by Mrs. Theodore to adjourn. The motion passed unanimously by those present on a 6-0 vote; Mrs. Jamrogiewicz was absent. The public hearing adjourned at 7:15 p.m. LMB/5 INDEPENDENT SCHOOL DISTRICT 284 Wayzata, Minnesota BOARD OF EDUCATION Regular Meeting - December 13, 1993 A regular meeting of the Board of Education of Independent School District Regular Meeting 284 was convened on Monday, December 13, 1993, 7:35 p.m. in the board room of the District Administration Building pursuant to due notice. The meeting was broadcast live on cable television Plymouth Channels 59/67 and Wayzata Channel 8, and delayed broadcast on Minnetonka Channel 35. Board Chair Paul Landry called the meeting to order and Executive Assistant Roll Call Lucille Balombiny called the roll. The following School Boardmembers were present: Mr. Howard B. Casmey, Mr. John C. Dettloff, Mrs. Patricia L. Gleason, Mrs. Debra L. Jamrogiewicz (arrived at 8:20 p.m.), Mr. Paul L. Landry, Mr. Michael J. Murphy, Mrs. Marilu Theodore, and Dr. David R. Landswerk, Ex Officio. Boardmembers absent: none. Others present: Laura Tubbs Booth, Bruce R. Halgren, Jerry Vogt, Lucille M. Balombiny, Patty MacDonald (WAYZATA WEEKLY NEWS), Jay Maxwell (PLYMOUTH SUN -SAILOR), Tom Ahmann (School Boardmember Elect), Karen Parks (School Boardmember Elect), John Greupner, Mary Victor, Julie Olson, Mr. and Mrs. John Fischer, Kathy Hadenfeldt (String Parents Association), Ellen Van De Laarschot (String Parents Association), Barbara Melbye, Bridget Dahl (Wayzata Senior High Student Council), Vickie Niemants, Alec Albee, George Theodore, and the cable television crew: Dan Carlson, Kathy Schum, and Tiffany Burgi. BOARD ACTION The following motions and resolutions were acted on by the School Board: A motion was made by Mrs. Gleason and seconded by Mr. Murphy to approve Minutes: the minutes of the Board of Education Regular Meeting of November 8, 1993, November 8, 1993 Property Tax Levy Public Hearing of December 2, 1993, and Special Meeting December 2, 1993 of December 6, 1993, as submitted. The motion passed unanimously by those Dwember 6, 1993 present on a 6-0 vote; Mrs. Jamrogiewicz was absent. Superintendent Landswerk amended the agenda to include the following Human Agenda Approval Resource Services addendum: Item VI -D-2 - Compensation Guidelines for Unaffiliated Personnel - 1993-1994. A motion was made by Mr. Casmey and seconded by Mr. Dettloff to approve the agenda as amended. The motion passed unanimously by those present on a 6-0 vote; Mrs. Jamrogiewicz was absent. Wayzata Board of Education Regular Meeting - December 13, 1993 Superintendent Landswerk reported that it was with much sadness that the Dis- trict 284 School Board, Administration, staff, and students learned of the tragic death of Terry Wayne Olson on November 22, 1993. Terry's family, friends, colleagues, and students filled the senior high auditorium to overflowing on November 29 for a memorial services. The School Board wished to commem- orate the dedicated service Terry Olson provided the Wayzata School District community through a Board resolution. Dr. Landswerk read the resolution as follows: RESOLUTION HONORING TERRY WAYNE OLSON WHEREAS, The Board of Education of Independent School District 284 recognizes the importance of career employees to the successful deliverance of services provided by the District; and WHEREAS, MR. TERRY WAYNE OLSON, Sixth Grade Teacher at Gleason Lake Elementary School and a 20 year employee of Wayzata Schools, exemplified the strong professional dedication and competence of those who make public education a career; and WHEREAS, MR. OLSON'S untimely and tragic death on November 22, 1993, represents a significant loss in the ranks of those serving the Wayzata School community; NOW, THEREFORE, BE IT RESOLVED, That the Board of Education of Independent School District 284 hereby officially expresses its sorrow on the death of MR. TERRY WAYNE OLSON and acknowledges to his family, friends, and community, its deep appreciation for valuable service to Wayzata youth rendered by him from September 1974 to November 1993. Boardmember Marilu Theodore introduced the RESOLUTION HONORING TERRY WAYNE OLSON and moved its adoption. The motion for adoption of the resolution was duly seconded by Boardmember Michael Murphy, and upon vote being taken thereon, the following voted in favor thereof. Patricia Gleason, Paul Landry, Michael Murphy, Marilu Theodore, Howard Casmey, John Dettloff, and the following voted against the same: no one; whereupon said resolution passed unanimously by those present on a 6-0 vote; Debra Jamrogiewicz was absent. Chair Landry presented the resolution to Mrs. Mary Victor representing the Olson Family. The meeting recessed at 7:45 p.m. and reconvened at 7:50 p.m. Minutes Page 2 Resolution Honoring Terry Wayne Olson Wayzata Board of Education Regular Meeting - December 13, 1993 Dr. Landswerk reported that secondary school principals have received an increasing number of requests from students to form clubs and hold meetings within the school during the student day. The requests to form Bible clubs or prayer groups were difficult decisions for building administrators. To protect the First Amendment rights of students and maintain the separation of church and state, the Administration recommended the adoption of an Equal Access policy. The policy would create a Limited Open Forum during which all noncurriculum-related student groups would have equal access and a fair opportunity to conduct meetings. The Board received administrative regulations which would implement the proposed policy. A motion was made by Mrs. Gleason and seconded by Mr. Casmey to accept proposed Policy JJAB "Limited Open Forum" for a first reading and refer it to the December School Board work session for further discussion. The motion passed unanimously by those present on a 6-0 vote; Mrs. Jamrogiewicz was absent. Mrs. Jamrogiewicz arrived at 8:20 p.m. Bruce Halgren, Executive Director of Academic Services, reported that enroll- ment projections indicated that the District's K-12 student population during the 1994-1995 school year would increase by approximately 300 students. The additional students would create space problems at certain schools and any new nonresident students attending Wayzata Schools under Open Enrollment or Nonresident Transfer Agreements would further complicate the space problems. The Administration therefore recommended closing Greenwood, Kimberly Lane, Plymouth Creek, Wayzata East and Wayzata West to new Open Enrollment and Nonresident Transfer students except for siblings of students already attending District 284. The recommendation included restricting the acceptance of Open Enrollment and Nonresident Transfer students at the other District schools on a space -available basis only. A motion was made by Mr. Murphy and seconded by Mrs. Theodore to approve the recommended action regarding the Open Enrollment Program and Nonresident Student Transfer Agreements for the 1994-1995 school year. Mrs. Jamrogiewicz questioned the fairness of the recommendation to provide transportation for Open Enrollment students when the District does not provide transportation to resident students when they elect to attend a District school outside of their attendance area; she further questioned the impact on the Transportation Fund which currently had a deficit, and if the District had the option to close all elementary schools to Open Enrollment. There was extensive Board discussion during which Dr. Halgren reported that rationale for the recommendation included: the Open Enrollment law required the District to provide transportation within its borders; that the District was designating which school the student could attend; the District would try to provide this transportation within the existing system by utilizing the nonpublic shuttle buses; the issue being discussed affected only about 40 students; and Minutes Page 3 Policy JJAB "Limited Open Forum" First Reading Open Enrollment Program and Nonresident Student Transfer Agreement Recommendations for 1994-1995 Wayzata Board of Education Regular Meeting - December 13, 1993 that as long as there was classroom space, the District could not close its schools to Open Enrollment students. Mr. Murphy indicated that both Open Enrollment students and resident students who elect to attend a District school outside of their attendance area were making voluntary choices. Mrs. Jamrogiewicz felt that the District was treating nonresident students better than resident students, and suggested that the Executive Director of Academic Services be designated as the administrator for all Open Enrollment and Nonresident Student Transfers. The Board considered tabling the item to the December work session, however, Dr. Halgren indicated that the Open Enrollment timelines required a decision at this meeting. A motion was made by Mrs. Gleason and seconded by Mrs. Theodore to call the question. The motion passed unanimously on a 7-0 vote. Mrs. Jamrogiewicz requested the original motion be amended to include designation of an administrator. The motion maker Mr. Murphy and the seconder Mrs. Theodore agreed, and the motion stood as follows: Approve the following recommendations regarding the Open Enrollment Program and Nonresident Student Transfer Agreements for the 1994-1995 school year: Greenwood, Kimberly Lane, Plymouth Creek, Wayzata East, and Wayzata West will be closed to new Open Enrollment and Nonresident Transfer students except for siblings of students already attending school in this District. Elementary students will be accepted under Open Enrollment and Nonresident Transfer Agreements at Birchview, Gleason Lake, Oakwood, and Sunset Hill on a space -available basis. The District will attempt to provide transportation to these schools from identified bus stops in the northern and western parts of the District. • Wayzata Senior High School will accept students under Open Enrollment and Nonresident Transfer Agreements on a space -available basis. • Authorize the Administration to make exceptions when it has been determined to be in the best interest of the student. Designate the Executive Director of Academic Services to serve as the administrator for all Open Enrollment and Nonresident Student Transfers. The motion carried on a 5-2 vote; Mr. Murphy and Mrs. Jamrogiewicz voted no. Minutes Page 4 Open Enrollment Program and Nonresident Student Transfer Agreement Recommendations for 1994-1995 (continued) Wayzata Board of Education Regular Meeting - December 13, 1993 Jerry Vogt, Executive Director of Finance and Business Services, reviewed the routine financial items and recommended their approval. A motion was made by Mr. Dettloff and seconded by Mr. Casmey to approve the following Finance and Business Services recommendations: • Authorize the following disbursements: General Checking - November 1993 $ 1,443,726.97 Wire Transfer - October 1993 29,211,138.20 (Disbursement lists attached to official copy of Board minutes.) • Approve the following gifts to be used as designated: Amount: Donated by: $20,000.00 General Mills Foundation 1,000.00 East Junior High P.T.O. 541.60 Sunset Hill P.T.A. 2,900.00 Plymouth Creek P.T.A. 11,941.00 String Parents Association IBM Computer Jeffrey Sites & Printer Young Scientist Roundtable Portion of PhoneMaster System Math Manipulatives Book Field Trip Costs Installment for String Personnel Salary Oakwood School Publishing Center In response to Mrs. Gleason's question, Mr. Vogt indicated that all gifts recommended for approval complied with Board policies and guidelines. Board Chair Landry called attention to the $20,000 grant from the General Mills Foundation for the Young Scientist Roundtable. Mrs. Theodore stated that once again these gifts highlighted the support of parents and organizations for District programs. The motion to approve the Finance and Business recommendations passed unanimously on a 7-0 vote. Z \ Q -- Minutes Page 5 Finance and Business Recommendations Disbursements Gifts Mr. Vogt highlighted the Monthly Financial Report which detailed fund and Monthly Financial budget status data as of October 31, 1993, and the Student Activity Report of Report - October 31, 1993. These reports were presented for information purposes Student Activity only; no Board action was required. (Reports attached to official copy of Report October 31, 1993 Board minutes.) The School Board adopted a Preliminary 1993-1994 Budget on June 14, 1993. Foul Revenue Mr. Vogt reported that customarily, following the start of the new school year, and ExPe1diture a final budget was prepared based on actual staff and program; he reviewed the Budget - 1993-1994 revisions and recommended approval. Wayzata Board of Education Regular Meeting - December 13, 1993 A motion was made by Mr. Casmey and seconded by Mrs. Theodore to approve the Final 1993-1994 Revenue and Expenditure Budget as follows: In response to Mrs. Theodore's question, Mr. Vogt reported that he expected to be able to present to the Board preliminary audit figures at the December 20 work session. Mr. Vogt further indicated that budgeted expenditures were less than the budgeted revenue to address the General Fund deficit. Mrs. Theodore stated that the budget was public information and community members were welcome to review the document at the District Administration Building. The motion to approve the Final 1993-1994 Revenue and Expenditure Budget passed unanimously on a 7-0 vote. Laura Tubbs Booth, Executive Director of Human Resource Services, reviewed the proposed personnel actions and recommended their approval. A motion was made by Mrs. Gleason and seconded by Mrs. Theodore to approve the following Human Resource actions as recommended: Early Retirements Approve the early retirements of.- Kay f: Kay Boorsma, Kindergarten Teacher, Gleason Lake Elementary School, effective at the end of the 1993-1994 school year Vera Swanson, Grade 1 Teacher, Oakwood Elementary School, effective December 31, 1993 Leave of Absence Without Pay Approve a leave of absence without pay for Ronald Kurpiers, 1.0 Gifted and Talented Teacher, Birchview Elementary School, effective March 14, 1994, through the end of the 1993-1994 school year. Mr. Kurpiers was offered a Teacher -Intern position with Congressman Tim Penny in Washington, D.C. Minutes Page 6 Fugal Revenue and Expenditure Budget - 1993-1994 (continued) Human Resource Recommendations Early Retirements: Boorsma, Kay Swanson, Vera Leave of Absence Without Pay: Kurpiers, Ronald Revenue Expenditures General Fund $38,952,998 $36,560,467 Food Service 1,421,075 1,420,125 Transportation 2,344,453 2,325,413 Community Service 2,244,967 2,332,161 Capital Expenditure 3,210,909 3,988,887 Debt Service 3,758,022 3,627.262 TOTALS $51,932,424 $50,254,315 In response to Mrs. Theodore's question, Mr. Vogt reported that he expected to be able to present to the Board preliminary audit figures at the December 20 work session. Mr. Vogt further indicated that budgeted expenditures were less than the budgeted revenue to address the General Fund deficit. Mrs. Theodore stated that the budget was public information and community members were welcome to review the document at the District Administration Building. The motion to approve the Final 1993-1994 Revenue and Expenditure Budget passed unanimously on a 7-0 vote. Laura Tubbs Booth, Executive Director of Human Resource Services, reviewed the proposed personnel actions and recommended their approval. A motion was made by Mrs. Gleason and seconded by Mrs. Theodore to approve the following Human Resource actions as recommended: Early Retirements Approve the early retirements of.- Kay f: Kay Boorsma, Kindergarten Teacher, Gleason Lake Elementary School, effective at the end of the 1993-1994 school year Vera Swanson, Grade 1 Teacher, Oakwood Elementary School, effective December 31, 1993 Leave of Absence Without Pay Approve a leave of absence without pay for Ronald Kurpiers, 1.0 Gifted and Talented Teacher, Birchview Elementary School, effective March 14, 1994, through the end of the 1993-1994 school year. Mr. Kurpiers was offered a Teacher -Intern position with Congressman Tim Penny in Washington, D.C. Minutes Page 6 Fugal Revenue and Expenditure Budget - 1993-1994 (continued) Human Resource Recommendations Early Retirements: Boorsma, Kay Swanson, Vera Leave of Absence Without Pay: Kurpiers, Ronald Wayzata Board of Education Regular Meeting - December 13, 1993 Contract Modifications Approve contract modifications for: Michael Galde, Industrial Technology Teacher, Wayzata West and East Junior High Schools, from .3 to .7 Joseph Komarek, Mathematics Teacher, Wayzata East Junior High School, from .6 to .8 Employments Approve the employment of the following teachers for the 1993-1994 school year: Jill Danielson, .2 Art Teacher for Winter Trimester at Wayzata Senior High School (BA/Step 1, $1,280 for 51 days) Stephanie Hames, .8 Psychologist, District (MA+30/Step 1, $15,498 for 125 days) Board members commended Mrs. Boorsma and Mrs. Swanson on their years of fine service to Wayzata Schools, and congratulated Mr. Kurpiers. The motion to approve the recommended personnel actions passed unanimously on a 7-0 vote. Minutes Page 7 Contract Modifications: Galde, Michael Komarek, Joseph Employments: Danielson, Jill Hames, Stephanie Mrs. Booth reviewed the recommended Unaffiliated Compensation Guidelines Unaffiliated for the 1993-1994 school year which called for salary increases from 1.0% to Compensation 3.5 % based on job performance rating and salary range placement. On July 9931994 12, 1993, the School Board approved the same guidelines for unaffiliated Temporary/Casual Workers. A motion was made by Mr. Dettloff and seconded by Mrs. Theodore to approve the Compensation Guidelines for Unaffiliated Personnel for 1993- 1994, and directed the Superintendent to apply these guidelines for all unaffiliated personnel. The motion passed unanimously on a 7-0 vote. (Compensation Adjustments chart and Unaffiliated Salary Grades listing attached to official Board minutes.) Board Chair Landry reported that he had received a letter from Superintendent Retirement David Landswerk announcing his retirement at the end of the 1993-1994 school Announced year. Board members commended Dr. Landswerk on his educational Landswerk, David R. leadership during both the good and the trying times, expressed their thanks and appreciation, and indicated that District 284 was a better school system today than it was when Dr. Landswerk came here in 1986. Wayzata Board of Education Regular Meeting - December 13, 1993 OTHER BUSINESS Other business that came before the School Board included the following: • Honored Barb Melbye, Foreign Language Teacher at Wayzata East Junior High School, as the December 1993 "Employee of the Month." • Honored outgoing School Board members John Dettloff and Marilu Theodore and presented them with commemorative plaques in appreciation of their years of service to the Wayzata School District community. • Heard Superintendent Landswerk report that Gordon Metcalf of Eos Architects, who had designed the fire safety work at Wayzata Senior High School, had been awarded a certificate of merit by the State Fire Marshal Division for his "innovative fire safety design of existing school facilities in the Wayzata School District." Dr. Landswerk indicated that this reaffirmed for the school community that exemplary work had been done to make our schools safe. • Heard Bridget Dahl, Wayzata High School Student Council representative, report on student activities which included: good turnout for November parent conferences; winter sports started and first home game for Girls Ice Hockey set for December 16; Encore Hour started with winter trimester -- during this period students can hold large group discussions, do make-up work, attend meetings they can't hold after school; former Minneapolis Police Chief Tony Bouza addressed students on gangs and intercity schools; Y.E.S. members were tutoring intercity children; Food Drive set for December 13-17 for the benefit of Interfaith Outreach --goal was 3000 items. Heard Superintendent Landswerk announce that the secondary and elementary string orchestras had been invited to the Midwest Music Educators Conference in Chicago. The first time that two groups from the same school district earned this honor. • Heard Mrs. Theodore announce that two District swimmers each took 8th in their categories at the State swimming competition --Leah Foreman in the breast stroke and Laura Theodore in the butterfly. • Received from Kathy Hadenfeldt and Ellen Van De Laarschot, repre- senting the String Parents Association, the second funding installment for the third elementary string instructor position. Superintendent Landswerk and the School Board expressed their thanks and appreciation for the continued support of this parent group. Minutes Page 8 Other Business Wayzata Board of Education Minutes Regular Meeting - December 13, 1993 Page 9 • Heard George Theodore commend John Dettloff and Marilu Theodore on . Other Business their dedicated school board service, and indicated he was confident that (continued) Mrs. Theodore would continue to be an advocate for students. • Heard Vickie Niemants and Alec Albee, School District social workers, report on the Elementary Social Skills Program. All elementary students in Grades 1-6 participate in the program which is taught by special education staff. • Heard Marilu Theodore, Board representative to the Association of Metropolitan School Districts (AMSD), report that Mark Mallander had been hired as the new AMSD Executive Director to replace Duane Mattheis. Mr. Murphy suggested the Board take an in-depth look at its lobbying efforts and consider alternative approaches. Mr. Casmey reported that he had attended a meeting with Governor Arne Carlson last week and that the Governor, after much debate, agreed that the suburban school districts were being taken advantage of; also that the Governor was angry with the Wayzata teacher contract settlement. • Heard Mrs. Theodore's farewell comments which indicated that the School Board had a lot of "challenges" ahead -- not problems or issues, but challenges. She then read the following from the book, "P.S. I Love You." "P.S. Go for it! Take a chance. There are times you must trust that silent voice inside you. The experts don't always have the right answers. According to the laws of aerodynamics the bumble bee cannot fly. I guess no one bothered to tell the bee. Keep flying!" • Heard Mr. Landry report that Karen Parks and Tom Ahmann would be joining the School Board in January. There being no additional business before the School Board, a motion was Adjourn made by Mrs. Gleason and seconded by Mr. Murphy to adjourn the meeting. The motion passed unanimously by those present on a 7-0 vote. The meeting adjourned at 9:43 p.m. LMB/5 PLYMOUTH FIRE DEPARTMENT ACTIVITY REPORT 12/24/93 through 01/01/94 DATE 12/24/93 TIME 12:21 a.m. LOCATION Single Family Dwelling SITUATION FOUND Report of gasoline 12900 block of 57th Avenue smell - nothing found 12/25/93 9:08 a.m. Park Place Apartments Fire Alarm - False 14600 34th Avenue 12/25/93 10:18 a.m. PDQ Store Report of smoke coming 4090 Annapolis from neon light 12/25/93 1:17 p.m. Single Family Dwelling Smoke from creosote in 2200 Block of Troy chimney - no fire 12/26/93 2:09 a.m. Single Family Dwelling Furnace motor burned out 10900 Block of 38th Avenue creating smoke 12/26/93 8:01 a.m. Plymouth Oaks Apartments Fire Alarm - System 3301 Hwy 169 Malfunction 12/26/93 10:56 a.m. Coachman Trails Apartments Ruptured steam pipe 1405 Olive Lane mistaken for smoke 12/26/93 3:48 p.m. Public Roadway Propane tank on truck fell 4985 Larch Lane over opening valve. Tank removed & valve shut off 12/26/93 4:56 p.m. Monarch Foods Broken pipe in front office 9605 54th Avenue North area of bldg. No fire 12/26/93 9:10 P.M. Single Family Dwelling Overheated furnace - no 14200 Block of 40th Avenue damage 12/28/93 5:48 a.m. Plymouth Ponds Apartments Fire Alarm - System 4555 Nathan Lane Malfunction 12/28/93 7:50 p.m. Construction Site Malfunction in heater 34th & Plymouth Blvd of bldg under construction 12/28/93 9:51 p.m. Single Family Dwelling Dishwasher shorted out 11500 Block of 54th Avenue za 12/28/93 11:18 p.m. Willow Creek Apartments Fire Alarm - Malicious 235 Nathan Lane 12/29/93 1:55 a.m. Business Office Sprinkler Head Broken 3700 Annapolis Lane in Receiving Dock 12/29/93 1:41 p.m. Single Family Dwelling Fire Alarm - False 5900 Block of Vicksburg 12/29/93 6:27 p.m. Single Family Dwelling Chimney Fire - No 14700 Block of 13th Place structural damage 12/30/93 12:21 a.m. Possis Medical Sprinkler Head Malfunction 2905 Northwest Blvd. 12/30/93 New Horizon Sprinkler Head tripped due 3650 Annapolis Lane to overheated space heater 12/30/93 9:51 a.m. Single Family Dwelling Fire Alarm - System 10800 Block of 53rd Avenue Malfunction 12/30/93 10:33 a.m. Willow Creek Apartments Burned Food 235 Nathan Lane 12/30/93 10:55 a.m. Single Family Dwelling CO Detector sounded in 11500 Block of 52nd Avenue home - possible furnace ' problem - Minnegasco notified 12/30/93 6:43 p.m. Outhouse Outhouse on fire 3475 Zircon Lane 12/30/93 8:53 p.m. Single Family Dwelling Report of smoke from 2100 Block of Troy dishwasher 12/31/93 9:38 p.m. Harbor Lane Apartments Outbuilding Structure 3165 Harbor Lane 01/01/94 12:06 a.m. Kelly Inn Fire Alarm - Malicious 2705 Annapolis Lane PLYMOUTH FIRE DEPARTMENT ACTIVITY REPORT 12/31/93 THROUGH 01/07/94 DATE 12/31/93 TIME 1:34 a.m. LOCATION Four Seasons Villa SITUATION FOUND Fire in lounge area 3641 Lancaster Lane 12/31/93 6:24 p.m. Park Place Apartments Burned Food 14500 34th Avenue 01/04/94 1:42 a.m. Prudential Insurance Alarm set off by cleaning 3033 Campus Drive crew 01/04/94 7:59 a.m. Park Place Apartments Smoke in Hallway 14605 34th Avenue 01/04/94 8:02 a.m. US West Communications Fire Alarm - System 9700 Schmidt Lake Road Malfunction 01/04/94 8:54 a.m. Apartment Complex Gas Leak in parking 10850 South Shore Drive lot 01/04/94 2:08 p.m. Harbor Lane Apartments Fire Alarm - Burned 3333 Harbor Lane Food 01/05/94 8:49 a.m. Kelly Inn Workman set off alarm 2705 Annapolis Lane 01/05/94 1:13 p.m. Willow Creek Apartments Fire on Stove - Smoke 235 Nathan Lane throughout 01/05/94 4:43 p.m. At The Place Apartments Fire Alarm - Burned Food 3925 Lancaster Lane 01/07/94 2:37 a.m. Willow Creek Apartments Fire Alarm - Malicious 235 Nathan Lane �J S3 Plymouth City Briefs From: Helen LaFave, 550-5016 January 10, 1994 Cable TV coverage of Plymouth city meetings expands Subscribers to cable television in Plymouth will find some new programming on channel 37. The City of Plymouth initiated telecasts of Plymouth Planning Commission Meetings on Jan. 12. Meetings are shown live on the second and fourth Wednesdays of the month at 7 p.m. They are replayed Thursdays at 7 p.m. "Providing gavel -to -gavel coverage of Planning Commission meetings will make local government that much more accessible to citizens. It's a good addition to our municipal channel in that it builds on the coverage of City Council meetings that the City already provides," said Communications Coordinator Helen LaFave. Plymouth City Council meetings will continue to be shown live on channel 37. The Council typically meets on the first and third Mondays of the month at 7 p.m. Council meetings are replayed: Tuesdays, 7 p.m.; Fridays, 5 p.m.; and Saturdays, 6:30 p.m. Channel 37 also features replays of City Council meetings from surrounding northwest cities. These replays are provided by Northwest Community Television. The schedule is: Brooklyn Center, 6:30 a.m. on Wednesdays; New Hope - 12:30 p.m. on Thursdays; Brooklyn Park - 6:30 a.m. on Fridays; Robbinsdale - 12:30 p.m. on Saturdays; Crystal - 6 p.m. on Sundays; and Golden Valley - 9:30 p.m. on Sundays. Snowmobilers: Know the law During the winter months, snowmobiles are widely used in Plymouth. At times, their use or misuse causes citizens to ask questions concerning the legal operation of snowmobiles in the city. The following questions are those most frequently asked during the snowmobile season. 1=3 • Q: Must a snowmobile be registered? A: Yes. • Q: Can a person under 18 years of age register a snowmobile? A: No • Q: What equipment must a snowmobile have? A: A head lamp and taillight for operation on a public street or highway; reflectorized material covering at least 16 square inches located on each side and forward of the handlebars, brakes and a muffler. All equipment must conform to the standards set out in the regulations of the Commissioner of Natural Resources. • Q: Are there age restrictions for operating a snowmobile? A: A person 12 years of age or older may operate a snowmobile if he/she has in his/her immediate possession a valid snowmobile safety certificate. However, no person under 14 years of age may operate a snowmobile on any public land or water under the jurisdiction of the commissioner unless accompanied by parent, legal guardian or other person 18 years of age or older. No person under 14 years of age shall make a direct crossing of a trunk, county state aid or county highway or operate a snowmobile on a street or highway within a municipality. A person 14 years of age or older, but less than 18 may make a direct crossing of a trunk, county state aid, or county highway if he/she has in his immediate possession a valid snowmobile safety certificate or drivers license. • Q: Can snowmobile be operated on city streets? A: Yes, if the driver and snowmobile meet age and equipment restrictions. • Q: Are there restrictions as to when and where snowmobiles can be operated? A: Yes, it is unlawful to operate a snowmobile: - On the roadway, shoulder or inside bank of slope of any trunk, county state aid, or county highway. No snowmobile may be operated at 3 any time within the right of way of any interstate highway or freeway within the state. - On a public sidewalk or walkway provided or used for pedestrian travel. - On private property without lawful authority or written consent of the owner or occupant. - While under the influence of alcoholic beverage or a controlled substance. - At a rate of speed greater than reasonable or proper under all the surrounding circumstances. - On any publicly owned lands, including cemeteries, school grounds, park property, playgrounds, recreation areas and golf courses. - In a manner so as to create a loud, unnecessary noise which disturbs annoys or interferes with the peace and quiet of other persons. For additional information on snowmobile rules and regulations contact the Minnesota Department of Natural Resources License Bureau, 296-2316 or the Snowmobile Safety Training at 296-4819, the Hennepin County Water Patrol 471-8528 or the Plymouth Police Department at 550-5160. A free "Snowmobile Rules and Regulations" brochure is available at the Plymouth Public Safety Department. S '"1 DATE: January 12, 1994 TO: Dwight Johnson, City Manager J� FROM: Fred G. Moore, Director of Public Works SUBJECT: VOICE MAIL SYSTEM GROUP FUNCTIONS Last week I established a "group" of mailboxes for the six City Councilmembers. This group is available for use by all users that have access to our voice mail system, including City Councilmembers. By using the group function, one message can be recorded and then put in all group member's mailboxes without recording individual messages. To send a message to the Councilmember group, following the following process: Step 1: Access: Dial your mailbox number Step 2: Access: Dial 0 Step 3: Access ; Dial your PASSWORD Step 4: Send a Message: Dial 1 Step 5: Record: Record Your Message and press any key at end of message Step 6: Accept Message: Dial 1 to accept, or follow prompts to change Step 7: Destination of Message: Dial 60 for Councilmember group Step 8: End listing of Destination Dial 0 Step 9: Send Message: Dial 1 Step 10: Exit: (PRESS 9999 TO EXIT) SUBJECT: VOICE MAIL SYSTEM January 12, 1994 Page Two Any person having a mailbox also has the option of establishing their own groups of mailboxes to which they may wish to send messages. If you or Councilmembers would like instructions on how to do this, please contact me. Also, if there are any questions on the Councilmember group mailboxes, please let me know. ROBERT L.CROSBY LEONARD M.ADDI\GTO\ ROBERT R. BARTH N.WALTER GRAFF ALLEN D- BARNARD RICHARD A. PETERSON' ROBERT J. CHRISTIA.NSON,JR FRANK J. NVALZ FRANK VOGL M.ARINUS W. VAN PUTTEN, JR DAVID B•MORSE JOHN A.BURTON, JR. JAMES C. DIRACLES ROBERT L.MELLER,JR. JUDITH A. ROGOSHESKE BEST & FLANAGAN ATTORNEYS AT Lxw SCOTT D. ELLER CHARLES C.BERQUIST GEORGE 0. LUDCKE F.JOSEPH LAFAVE GREGORY D. SOULE CATHY E. GORLIN PATRICfi B. HENNESSY TIMOTHY A. SULLIVAN BRIAN F. RICE DANIEL R.W. NELSON TRACY J.VAN STEENBUROH DAVID J. ZUBKE STEVEN R.KRL'GER JAMES P. MICHELS PALL E. KAMINSEI •1000 FIRST }3ANli PLACE (301 SECOND k-'F,UF- SOUTH MINNEAPOLIS, NN 55402-4331 TELEPHONE f(3I2) 339-7121 TELECOPIER (312) 339-5897 Writer's Direct Dial No. (612) 341-9715 January 5, 1994 Mr. Dean A. Reisen Mr. Brad Lis Carlson Real Estate Company, Inc. 45 South Seventh Street, Suite 222 Minneapolis, Minnesota 55402 CINDY J. LARSON' JOHN P. BOYLE ROSS C. FORMELL CARYN SCHERR GLOVER MARY E. SHEAREN CATHERINE J. COURTNEY KEITH J. NELSEN BARBARA M. ROSS TRACY F. KOCHENDORFER JEANNICE M. REDING SARAH CRIPPEN :MADISON ROBERT D. �LhHER DAVID H.JOHNSON WILLIAM J. MORRIS MICHAEL L.DIGGS MICHAEL H. PINK OF COI'NSEL JOHN R.CARROLL JAMES D. OLSON ROBERT M . SI:ARE ARCHIBALD SPENCER WARD B. LEKIS JAMES I. BEST 1902-1900 ROBERT J. FLANAGAN 1896-1974 RE: Application for Sam's Club Southeast Quadrant of I-494 and Carlson Parkway Plymouth, Minnesota Dear Mr. Reisen and Mr. Lis: As you are aware, the Plymouth City Council passed a motion to refer to the Planning Commission the question of whether the rezoning and reguiding action for the above -captioned application should be rescinded. This action was taken at the January 3, 1994 City Council meeting which you and your attorney attended. Since the Council has referred the matter to the Planning Commission, we caution you that any actions, expenditures, or commitments you might enter into for the Sam's Club project is done so at your own risk until the review of the rezoning and reguiding is completed. Very t"ly urs, Allen D*Barnard Assistant City Attoi City of Plymouth ADB:rys:6381U cc: Dwight Johnson, City Manager Anne Hurlburt - - nale Grove 9401 Fernbrook Lane, Maple Grove, Minnesota 66369-9790 January 7, 1994 Mayor Joy Tierney City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Dear Mayor Tierney: 612-420-4000 =-ISb As we begin the new year, I wanted to write and suggest that our City Councils meet to share our common work and goals. These meetings are very important to us and provide a person-to-person connection that helps keep us in touch with each other and provide the support we all need. Please review your calendar for 1994 and let me know if you have a date in mind and we will begin firming it up. I look forward to getting together and hearing from you. Sincerely yours, lme�sP. Deane Mayor JPD:ska "Serving Today, Shaping Tomorrow" AN EQUAL OPPORTUNITY EMPLOYER James Deane David Burtness Irene Koski Donald J. Ramstad LeAnn Sargent Mayor Councilmember Councilmember Councilmember Councilmember 9 Printed on Recycled Paper FOR IMMEDIATE RELEASE Community Associations Institute -Minnesota Chapter is pleased to announce the two winners of the "1993 Association of the Year Award". Both located in Plymouth, these two homeowner associations have demonstrated organizational expertise, administrative procedures, and financial responsibility which qualify them for this prestigious award. The winners will be entered in the national contest being held by CAI National in Alexandria, Virginia. Congratulations to the homeowners, Board of Directors and managers of: Chelsea Woods Association (Winner of the Medium Size [150-499 units] Association Award) 1505 Yuma Lane Plymouth and Creekside of Plymouth Homeowners Association (Winner of the Small Size [1-149 units] Association Award) 3937 Orchid Lane North Plymouth j 9 C dF � M1� CCi kyGy; rL�7 „ r CITY OF PLYMOUTR January 7, 1994 David R. Landswerk Superintendent of Schools 210 County Road 101 North P.O. Box 660 Wayzata, MN 55391-9990 Dear David: ��a Thank you for your letter and the petition forwarded from the Birchview P.T.A. I have referred the matters relating to Ranchview Lane and a possible trail or sidewalk to Public Works Director Fred Moore and Park and Recreation Director Eric Blank for a report. Copies have also been made for our City Council. I anticipate that Mr. Moore and Mr. Blank will be able to investigate the concerns and make a report to the City Council at one of our regular meetings in February. We will notify you , Principal Jim Libby and the P.T.A. co -presidents when the meeting is scheduled. Thank you for forwarding these concerns to us and you may be assured that we will give serious consideration to finding solutions to the problems. Sincerely, /n Dwight D. Johnson City Manager cc: City Council Fred Moore, Public Works Director Eric Blank, Parks and Recreation Director Jim Libby, Birchview Principal We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 NOTICE OF METROPOLITAN COUNCEL PUBLIC BEARING Regional Recreation Open Space Revised Capital Improvement Program Fiscal Years 1994-2000 The Metropolitan Council's Committee of the Whole will conduct a public hearing on a revised capital improvement program (CIP) for regional recreation open space for Fiscal Years 1994- 2000. 9942000. A copy of the public hearing document (January, 1994 Publication No. 32-94008) is available from the Council's Data Center (291-8140). The hearing document is also available at major public libraries in the seven -county Twin Cities Metropolitan Area. The CIP may affect the standards for determining projects of metropolitan significance in the Metropolitan Significance Rules. PUBLIC HEARING INFORMATION When and Where: Thursday, February 10, 1994, 4:30 p.m. directly after Metropolitan Council meeting Council Chambers, Mears Park Centre 230 East Fifth Street St. Paul, Minnesota Who is Being NotiSed: County, city and township key contact people Selected state and federal organizations Regional recreation system implementing agencies Interested citizens and community organizations How to Participate: 1. You may attend the meeting and offer oral or written comments. You may register to testify in advance of the hearing by calling Ellie Porter at 291-6312 or 291-0904 (TDD). Upon request, the Council will provide reasonable accommodations to persons with disabilities. 2. You may submit your written comments which must be received by 4:30 p.m. February 25, 1994, to: Arne Stefferud Metropolitan Council Mears Park Centre 230 East Fifth Street St. Paul, MN 55101 Questions: Call the following Council staff: Arne Stefferud, 291-6360 or Ellie Porter, 291-6312 or 291-0904 (TDD) OVERVIEW The Metropolitan Council has revised its regional recreation open space capital improvement program (CIP) for Fiscal Years 1994-2000 and beyond. The draft hearing document contains an analysis of the regional park capital improvement projects against Metropolitan Council funding priorities as well as the priorities of the Metropolitan Parks and Open Space Commission. Based on that analysis, those listed in "Group A" have the highest priority for funding for Fiscal Years 1994 and 1995. They are to be funded with anticipated revenues from bonds issued by the State of Minnesota and the Metropolitan Council. This group contains $25,606,500 for land acquisition and development projects in the regional recreation open space system. It also includes $3,380,000 for emergency acquisition and development projects, natural resource development grants, recreation research, payments to cities and townships in lieu of property taxes on regional park land and grant administration. Projects listed in "Group B" are important to the regional park system which could proceed in the 1994-95 biennium, but are recommended only if funds outside the current planned or anticipated state and Metropolitan Council bond revenue sources are found. For example, it is possible that projects in group B might prove a better match for other funding sources including grants from the federal Intermodal Surface Transportation Efficiency Act (ISTEA) or grants recommended by the Legislative Commission on Minnesota Resources (LCMR). Some of the projects in Group B require further information in expanded master plans before they are fully grant eligible. Projects funded with future LCMR or ISTEA grants may be applied for in Fiscal Years 199495, but their actual construction would occur in calendar years 1996-97. The CIP proposes funding sources for projects in Groups A and B with revenue from bonds issued by the State of Minnesota and the Metropolitan Council, grants recommended by the LCMR, federal ISTEA grants and portions of a $1.1 million gain on defeasing bonds for regional park capital improvements earned in 1993. A summary of the funding proposed for Group A and the amounts is: $14,778,300 from State bond appropriations $13,352,200 from bonds issued by the Metropolitan Council $ 176,000 from an ISTEA grant $ 680,000 from defeasing bonds for regional park capital improvements $28,986,500 Total Projects listed for Fiscal Years 1996 to 2000 and beyond are shown to illustrate future capital improvement needs. They were not analyzed for their consistency with Metropolitan Council funding priorities since the CIP will be revised in 1995. Minnesota Pollution Control Agency January 12, 1994 Mr. Dave Carland Lancaster Village Apartments 2561 Territorial Road St. Paul, Minnesota 55114-1500 RE: Petroleum Tank Release Site Closure Site: Lancaster Village Apartments, 3610 Lancaster Lane, Plymouth Site ID#: LEAK00006117 Dear Mr. Carland: The Minnesota Pollution Control Agency (MPCA) staff has determined that the cleanup performed in response to the petroleum tank release at the site referenced above has adequately addressed the petroleum contamination, and therefore the file regarding this release will be closed. On February 10, 1993, a petroleum tank release was reported to the MPCA. Since then, the following corrective actions have been taken in response to the release: 1. On February 10, 1993, three 2,000 gallon underground fuel oil tanks were removed along with approximately 52 cubic yards of petroleum contaminated soil. Perched ground water was encountered at 13 feet below the ground surface (bgs) in one of the tank basins. 2. Soil from the excavations was screened with a photoionization detector (PID). PID readings ranged between non -detect and 128 parts per million (ppm). Six soil samples were obtained from the completed excavations and were analyzed for benzene, ethyl benzene, toluene, xylene (BETX) and Diesel Range Organics (DRO). Concentrations of 9.5 ppm ethyl benzene, 0.19 and 6.8 ppm toluene, 0.15, 1.2 and 48 ppm xylene, 70 and 190 ppm DRO were detected in the samples. 3. On April 28, 1993, the approximately 52 cubic yards of petroleum contaminated soil was thermally treated by C.S. McCrossan, with MPCA approval. 4. On May 13, 1993, five soil borings were advanced around the former tank basins to a depth of 15 feet bgs. The native soil type at the site is a_ sandy silty clay. No ground water was encountered in the borings. Six soil samples were collected from the borings and were analyzed for BETX and DRO. Concentrations of 0.54 ppm xylene and 3400 ppm DRO were detected in a sample collected at 10 feet bgs. The sample collected at 15 feet bgs from the same boring with the 3400 ppm DRO, was non -detect for BETX and DRO. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (612) 296-6300 (voice); (612) 282-5332 (TTY) Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester Equal Opportunity Employer • Printed on recycled paper containing at least 10% fibers from paper recycled by consumers. Mr. Dave Carland Page 2 January 12, 1994 5. On July 26, 1993, four test probes were advanced around the tank basin in_ which the soil boring advanced near that basin had an analytical detection of 3400 ppm DRO. Four soil samples were obtained from between 12 and 15 feet bgs. The samples were analyzed for BETX and DRO. Concentrations of 0.66, 0.72 and 2.3 ppm DRO were detected in the samples. 6. Based on the results of the investigation at this site it appears that a limited volume of petroleum contaminated soil remains. This limited volume of soil does not appear to be migrating or pose a threat to public health or the environment. Based on the currently available information, we concur with the conclusions of Summit Envirosolutions that these actions have adequately addressed the petroleum tank release. Therefore, MPCA staff does not intend to require any more investigation or cleanup work in response to this release. However, the MPCA reserves the right to reopen this file and require additional work if in the future more work is determined to be necessary, and this letter does not release any party from liability for this contamination. Because you performed the requested work, the state may reimburse you for a major portion of your costs. The Petroleum Tank Release Cleanup Act establishes a fund which in certain circumstances provides partial reimbursement for petroleum tank release cleanup costs. This fund is administered by the Petro Board. More specific eligibility rules are available from the Petro Board (612/297-1119 or 612/297-4203). Thank you for your cooperation with the MPCA in responding to this petroleum tank release to protect the public health and the environment of the state of Minnesota. If you have any questions regarding this correspondence, please call me at 612/297-8580. Sincerely, Chris McLain Project Manager Cleanup Unit III Tanks and Spills Section CM:nh cc: Carlo Arendt, Summit Envirosolutions Laurie Rauenhorst, City Clerk, Plymouth Richard Kline, Fire Chief, Plymouth Greg Lie, Hennepin County, Minneapolis CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: January 12, 1994 TO: Dwight D. Johnson, City Manager I FROM: Laurie Rauenhorst y Clerk SUBJECT: TRANSCRIPT - PORTION OF BATON ITEM The attached transcript was requested by Councilmember Lymangood, and he asked that it be shared with the entire Council. He would like attention drawn to the portion of the transcript that indicates possible confusion remained as to the voting requirement to limit debate per Robert Rules (limiting of debate requires a 2/3 vote in order to respect the rights of the minority), even after the Mayor consulted the Attorney. His concern is that the new City Council follow proper parliamentary procedure at all times. cc: Mayor and City Council 12/20 council meeting transcript on Baton request: Mayor Bergman: Everybody gets three minutes; that's 27 minutes. O.K. Rita O'Donnell. Councilmember Vasiliou: Who's keeping time? Bergman: I'm keeping time. This is the way they used to be run. This is my last meeting and that's the way well do it this time. Chuck Lymangood: Point of order. Point of order if I may. It's my understanding of Roberts Rules, if you're limiting time, it must be by vote of the Council. Bergman: O.K. All those in favor of a three minute rule, signify by saying aye. (Voice Vote: 4 ayes; Helliwell nay). Lymangood: Point of order. Is that by majority or two-thirds? Bergman: I think it's a simple majority, I would think. Attorney: It would be a simple majority but it doesn't matter. Bergman: It didn't matter, we had four. Vasiliou: It was four out of five. FROM BEST FLPIAG fl ►:11,1�,1'a'44 11;`4 Rs,DERr L Cuzo.-,v, Lry -r- W.ADDINOTON RaDcur R. : H AL.L.rN' 1). HARVARD RlcxesD A.Y1s'n�.rsutl RODL'HT J CUF11'7L1NSi]7,JT. FRnxN J.NVALZ FRANE VC10L MARIr:US N NMN 1'tMTEN,JR DAVID D - MONS C .IgHN A. BUTITON. .111 .JAM:rs ('.Dz%%Cus ROP.Y.RT JaDITII .� . Jt� N:•.ir.HESSC BEST Lam' YEANAGAN ATTORNEYS AT L.�Nc SCOTT n. C lU. 111 V ('. L'ERQUIST G Y.ow%X l). LuDCHr r i........ I kern GULUVL']' I). JOULE C.%TDY I.(•(.fi'I.IN PATRIC11 D.HexxessY 7I1-IOTUT 1.SUL.)..1nN BRI.%N F. Rl(;u DANIEL R.W 'I-[Mi:Y.1. VAN SILUNtlVki.N t)AVID J. ZDBYE .S'. f:YrN It, KRvCrN JAMES P. Peal 'toxo F1t1ST BANM PI.ln(-7r (got SY:GUNL) .\.•r:VIJF: SOITT11 MINNEAP07.75. MN 63'LU:G--3,00i TLLr.P110 E 1cs, l : L'0 -7I 1 TELEC-01.1h1t f0J21 3?[1-1'yAll7 January 12, 1994 BY PAX Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Request for Clarification on Council Appointment Procedure Dear Dwight: C)NOY .I. I.-I'SON 0, l.f.. -f..L f. BOYLE .JC,Hr. R. CAU II,.•IL Hiss i;_ FuRMELI_ J.%u:s D.91.�tw, r orml irwrrti lilr`r11v 1 L. F�rm,11 M.%RY t. JL.1 11 REN U!.fi?t.1.D'1!wv. 1.1'[11 Eli tN r. ,I. (•i.I:RTI7 L'7' WARD D. LLWl_`'r KEITH .7. Nl.lc e.M DAI`..7A17A M.N IN Iiw.y F. JEANNICE M.R.•:... NO ti..:.n <.:u.i•,•r:i. rtADISON JAMES 7.Der;I" RUL,LuT D•M4-,,:I, W.V-1'"" DAVID R. JOHrisO77 11.;Rrrer.J. FI.AN.%0AN %V*J?.1.IA4 J. MORRIS Wws-lir:. Mx.tlom 1-01 os MICHAEL R. PiNH We are in receipt of Councilman Granath's request for clarification on council appointment. As you know, our office has advised that in the event of a tie vote the Mayor would have the authority to select any qualified candidate regardless of whether the candidate has received the vote of the council members. Minnesota Statutes § 412.02, Subd. 2a was cited as well as an attorney general's opinion. Councilman Granath correctly notes that Minnesota Statutes § 412 governs st.at.iit.ory cities. However, in consulting with the League of Minnesota Cities, our office, in conjunction with the League, concluded that if the Charter is silent on the procedure to be followed when there is a tie vote on a vacancy, the statutes regarding statutory cities should be looked to for guidance, including attorney general opinions thereunder. However, Councilman Granath raises an interesting point of view. Essentially, since the Council has adopted Roberts Rules as controlling, perhaps it instead should be looked to for guidance. We are unable to find any case law or attorney general opinions on point. Since it looks as if there is a possibility that a tie vote will result, we are of the opinion that the safest course of action would be to ask the Attorney General to issue an opinion on this matter. We have requested an expedited opinion. In this FROM BE '_ --T FLHNHGAN Mr. Johnson January 12, 1994 Page 2 (I1,12,1'a'a4 11." 1.1A F, way, we can be assured of an impartial recommendation in an area where there does not appear to be any current case law or statutory language. Y r ery truly, PEK:kjd PEK\Johnson2.Irr