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HomeMy WebLinkAboutCouncil Information Memorandum 05-11-1995MAY 11, 1995 UPCOMING MEETINGS AND EVENTS .... 1. COUNCIL MEETING SCHEDULE FOR MAY: MAY 16 7:00 P.M. COUNCIL MEETING City Council Chambers ---------------------------------------------------------------------------------------------------------- MAY 22 (Tentative) 7:00 P.M. COUNCIL STUDY SESSION Public Safety Training Room TOPICS: Review reports on business survey and citizen survey Council Chambers Renovation drawings Study on private streets Elm Creek Cluster Planning ---------------------------------------------------------------------------------------------------------- MAY 24 5:00 P.M. SPECIAL COUNCIL MEETING Canvass Results of May 23 Special Election City Council Chambers 2. TWE WEST CHAMBER "STATE OF THE CITY" COFFEE BREAK -- TUESDAY, MAY 16, 7:30 A.M., City Council Chambers. (M-2) 3. CITY PARK TOUR -- WEDNESDAY, MAY 17. Bus will leave from City Center parking lot at 4:00 p.m. 4. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT -- WEDNESDAY, MAY 17, 7:00 P.M., Public Safety Library. 5. HRA -- THURSDAY, MAY 18, 7:00 P.M., Council Chambers. CITY COUNCIL INFORMATION MENTO MAY 11, 1995 Page 2 6. D.A.R.E. GRADUATIONS -- A listing of D.A.R.E. graduation dates and locations is attached. (M-6) 7. PLANT SALE -- SATURDAY; MAY 13, Parkers Lake Park, 9 a.m. - 6 p.m. 8. ARBOR DAY 95 -- WEDNESDAY, MAY 17, Plymouth Creek Elementary, 9:30 a.m. - 1:30 p.m. (M-8) 9. 1996 BUDGET CALENDAR -- The tentative 1996 budget adoption calendar is attached for the Council's information. (M-9) 10. PARENT-CHILD CENTER 20th CELEBRATION -- District 281's Parent -Child Center will host a 20th birthday celebration on Tuesday, May 16 from 6:30 - 8 p.m. Invitation attached. (M-10) 11. AMM ANNUAL MEETING -- The Association of Metropolitan Municipalities 1995 Annual meeting will be held Wednesday, May 31 at Jax Cafe. The agenda and 1995 Nominating committee report is attached. Councilmembers desiring to attend the dinner should contact Judy McMillin (5012) to be registered. (M-11) 12. METRO MEETINGS ---- The weekly calendar of meetings for the Metropolitan Council and its advisory commissions is attached. (M-12) 13. MEETING CALIENDAR - The May meeting calendar is attached. (M-13) 1. DEPARTMENT REPORTS a. Weekly Building Permit Report for Commercial/Industrial/Public and Use Types. (I-1) b. Project Status Report (I -lb) 2. NEWS ARTICLES, RELEASES, PUBLICATIONS, ETC. a. City news release on Plymouth Town Square open house. (I -2a) b. City news release on the June 3 Mixed Blood Theater Production of Gun Play. (I -2b) c. Lawgram publication from Popham Haik discussing the Minnesota Open Meeting Law. (I -2c) 3. MINUTES & AGENDAS: a. Snowmobile Task Force, April 20, 1995. (I -3a) b. Human Rights Commission, May 4, 1995. (I -3b) c. Charter Commission, May 9, 1995. (I -3c) d. Planning Commission, April 26, 1995. (I -3d) CITY, COUNCIL INFORMATION MEMO MAY 11, 1995 Page 3 4. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE a. Letter from Bradley Kalin, in support of reducing Schmidt Lake Road from four to two lanes. (I -4a) A status report on all correspondence is also attached. 5. CORRESPONDENCE a. Correspondence from Bob Renner, Municipal Legislative Commission, regarding Orfield Tax Base Sharing legislation. (I -5a) b. Letter from Nancy Senn, Project Coordinator, Domestic Assault Intervention Project, providing the first quarter report for 1995. (I -5b) c. Letter sent to Plymouth "gardeners" providing information and rules for the community garden area located off Shenandoah Lane, south of County Road 6. (I - 5c) d. Letter from Joe Maddy, Lund Martin Construction Project Manager for the City Center expansion project. advising of a labor strike by local union tapers and painters. (I -5d) e. Memo from Paul Beilfuss, Wayzata School Superintendent, on the formation of a Swimming Pool Study Committee. Eric Blank has been invited to serve. on the committee. (I -5e) f. Letter from Sally Evert, Metropolitan Council, regarding regional transit system funding concerns and potential service reductions. (I -5f) g. Notice from Opportunity Workshop, Inc., on public hearings being held by the Metropolitan Council Transportation Committee to consider reduced service levels and increased fares for Metro Mobility. (I -5g) h. Information from Alpha Video on a new viewer -access information service available through the government cable channel. If the Council is interested, a demonstration video on the service can be ordered free of charge. (I -5h) Dwight Johnson City Manager �� %-I , CfTY7L 1OUIS City of Golden Valley r;) �� o 00 0 C> krAli G�Z Y O,r Fk. HO 11 �A — Q— TWI NVW/EST CHAMBER OF COMMERCE State of the City Coffee Breaks Tuesday, May 2 Crystal City Hall - Co-sponsored by: McManus Babcock & 4141 Douglas Drive Company Ltd. Wednesday, May 3 St. Louis Park City Hall WB 5005 Minnetonka Boulevard McManus Babcock & Company Ltd Tuesday, May 9 Golden Valley City Hall - Co-sponsored by: Marquette Bank 7800 Golden Valley Road Golden Valley Tuesday, May 16 Plymouth City Hall 3400 Plymouth Boulevard Wednesday, May 17 Minnetonka City Hall 14600 Minnetonka Boulevard Tuesday, May 23 Hopkins City Hall 1010 South First Street Thursday, May 25 Wayzata City Hall 600 East Rice Street Wednesday, May 31 New Hope City Hall 4401 Xylon Avenue North Marquette Bank Av Golden Valley During May, TwinWest brings its Coffee Breaks to city hall for a "State of the City' presentation from 7:30 - 9:00 a.m. This is your opportunity to hear about local happenings while enjoying the usual coffee, rolls and networking with fellow members. The presentations will include new and proposed developments, public improvement projects, proposed ordinances and other matters that affect businesses in our communities. The "State of the City' Coffee Breaks are always TwinWest's most highly attended and informative Coffee Breaks of the year. Please join us! D.A.R.E. GRADUATION SIGN-UP LIST.• May 9th (Tuesday): Gleason Lake Elementary -- 7:00 p.m. Nicholas Granath Craig Gerdes Greenwood Elementary -- 1:25 p.m. Joy Tierney Craig Gerdes May 11 th (Thursday): Pilgrim Lane Elementary -- 1:30 p.m. Sunset Hill Elementary -- 2:00 p.m. Joy Tierney John Ward Sunny Hollow Elementary -- 7:00 p.m. Carole Helliwell John Ward May 12th (Friday): Oakwood Elementary-- 2:00 p.m. Tim Wold Craig Gerdes May 17th (Wednesday): Kimberly Lane Elementary -- 2:00 p.m. David Anderson Craig Gerdes May 18th (Thursday): Zachary Lane Elementary -- 1:45 p.m. John Edson Craig Gerdes May 23rd (Tuesday): Plymouth Creek Elementary -- 1:30 p.m. John Edson Craig Gerdes May 30th (Tuesday): Birchview Elementary -- 1:00 p.m. John Edson Craig Gerdes Planting Opportunities Spend some time improving your community! Arbor Day 195 Date: Wednesday, May 17 Time: 9:30 - 1:30 Place: Plymouth Creek Elementary school Student inspired stewardship project of planting trees, shrubs, & flowers for nature classroom. Emphasis on native plant communities, wildlife habitat, & windbreaks. Lunch will be provided. One hundred plus volunteers needed. Greening Plymouth's Entryways II Date: Saturday, May 6 Time: 8:00 - 12:00 Place: Carlson Parkway & Highway 494 Beautification project of planting trees, shrubs, & flowers on highway ROW. Emphasis on native plant communities, wildlife habitat, roadside beautification, and decreased maintenance. Light breakfast will be provided. Sixty plus volunteers needed. In cooperation with: • Mn Dept. of Transportation . Log House Foods • City of Plymouth • Kate Lo, Inc. • Zero Max • Cub Foods Perennial Pursuit of Fabulous Flowers Date: Saturday, May 13 Time: 9:00 - 1:00 Place: Parkers Lake Park Planting of demonstration perennial shade garden in conjunction with other environmentally -conscious efforts. Lunch will be provided. Twenty volunteers needed. Please contact Paul Buck (550-7462) or Lara Gens (550-7465),for more information and to sign up for any and all events. Revised 05/08/95 TENTATIVE 1996 BUDGET ADOPTION CALENDAR m -G MAY 9 Electronic forms for estimated 95 expenditures, personnel, contractual services, employee training, professional organizations and capital outlay request forms to departments from Finance Department. MAY 9 Finance Department distributes working budget forms to departments. JUNE 9 Budget forms due back from departments including estimated and requested expenditures for 95 and 96 excluding personnel. JUNE 12 -16 Finance Department projects personnel and fringe benefit costs and completes budget forms. JUNE 19 - 23 Finance Department and City Manager meet with department and division heads on proposed budgets. JUNE 26 - JULY 14 City Manager review and evaluation of the 1996 Budget. JULY 17 - JULY 28 Final preparation and draft of the 1996 Budget. AUGUST 1 City Manager submits proposed 1996 Budgets to City Council. AUGUST 16 City Council Budget Study Session 1 - 7:00 p.m. Public Safety Training Room. AUGUST 28 City Council Budget Study Session 2 - 7:00 p.m. Public Safety Training Room. AUGUST 31 Department of Revenue certifies HACA. SEPTEMBER 5 City Council sets public hearing date for 1996 City Budget. SEPTEMBER 5 OR 12 Council adopts preliminary tax levy for 1996. SEPTEMBER 15 Finance Director certifies proposed tax levy to Hennepin County. NOVEMBER 10 - 24 County to mail proposed 1996 tax statements. NOVEMBER 23 City Clerk publishes notice of Council Budget Hearings. NOVEMBER 29 City to hold Truth in Taxation and public hearing to adopt final budget and - DECEMBER 20 final tax levy. DECEMBER 27 Last day to certify 1996 tax levy to County. *Additional Budget Study Sessions can be scheduled on November 13th or 14th and November 20th or 21st if needed. g: fi nance/budget/forms/calendar. doc 1975- AV -•• Parent -Child 12 nter 11 i i �t;3;�i{�psti}3}}i}}3}t�t�}8s1�t�t�hli}f}33}i};arsl I i 100 Parent -Child Center Now Early Childhood Family Education owe a program of 41 Community Education and Facilities Robbinsdale Area Schools Independent School District 281 From the moment a child is born to the time she or he is ready for kindergarten, Parent -Child Center offers sup- port and information for parents, and play -and -learn ac- tivities for their children. Friends, community, past and present participants and staff are invited to Parent -Child Center's 20th Birthday Celebration Tuesday, May 16. 1995 6:30-8 p.m. Cavanagh Early Childhood Center 5400 Corvallis Avenue North Crystal MN 55429 A special evening has been planned by parents and staff at Parent -Child Center. Activities include the Teddy Bear Band, refreshments, a stroll down memory lane and saying goodbye to Delores Fletcher, coordinator, who is retiring. Please RSVP: 537-2270 Bring others, too! tni4i ti kNii r.4 tp}� It Si�f2ijH? ii association of metropolitan municipalities 1995 Annual-s'.:.Meetln 4 When:- SAP? MIS Minhea!)OHS, Minnesota 55418 —,--'—_ ��,~�~~ ,^' ~��_�^�mn/m'"vegeta e; caffonbae'.#�bl Sit A. ' Al,.metro governance cship With bities];I`channelyour reservations. throughThere is no fee If yMa ` iesday, May 24. Please JsIness portion of. the evening.-'..,, reverse iesday, May 24. Please JsIness portion of. the evening.-'..,, reverse BUs1ness Agenda 1. Call to order. 2. Welcome. (Minneapolis Mayor Sharon Sayles Belton) 3. Recognition of Retiring Officers and Board Directors. 4. Metropolitan. Council Update. (Regional Administrator Jim Solem) 5. Presentation of Awards. (Susan Hoyt & Kirk Schnitker) _:_:,t- a. Innovative City Award b. Peacemaker Award 6. Annual Election of Officers and Directors. 5; a. Report of Nominating Committee (Chair Dave Childs) (enclosed) b. Election of President, Vice, President a'birectors.' R. . 7. Comments by President. (Joan Campbell) 8. Other Business. 9. Announcements. 10. Adjournment.¢. Directions y{� .1 x '} i i -Sr f� -; f � R •{n `. } '::,, �'� , r"',�sgrr}is"g" �" �' r ,•`.i ami r '�Ys*,,.::• a a�'x ;: 1St Bt�R N�ro�t113� 'i } �! .I� �� , ; I. �k� r� SHOREVIEW. Inc�A►,�,:.{h # 'U /4th St 't r 1. -ft A 4th tfi n DIVA II ` M �Il'�� HILLS ' .,, z tca�.i � • I �v, e, BR HTON °� /,� Vodras ' .'90 to GOi 11 �� lake ti ; = ROSEVILLE total$ %� F-rajm NcMAN 0 o. nive IS . P,�4 RICHFIELD - k k' A; s O €I ^,14 Q/— Jax Cafe ala ity . VA I , e on , e t Ave No,, then right on University NE and hand University. 1 _ ♦ .:fes SpSY iiverslty exit, go South about 3.1/2 miles to' nst}`rran nrT,downtown exits and tum left on Washing Mi le anri turn ririht'nn Rrnadwav`'ne Ave. NE and go -9 -blocks to 20th. - r°aA L �. From East: HEID D He -��94 West to 280 North to Broadway, left onto Broad- way go 3 miles to University Ave. NE, tum right onto luvrD University and go 9 blocks to 20th. ti 1928_ University Ave. NE Minneapolis, MN 55418 (612) ,789-7297 t m7ociation of ropolitan municipalities To: AMM Member City Officials From: Dave Childs (for nominating committee) Re:, 1995 Nominating committee report Pursuant to the AMM bylaws, a nominating committee was appointed by the Board of Directors on March 9, 1995. The committee has completed its work and below are the officials recommended for your consideration at the AMM Annual Meeting on May 31. For President: Joan Campbell, councilmember, Minneapolis (was vice-president, became president in April to fill unexpired term) For Vice -President: Tom Egan, mayor, Eagan (current board member) For Board of Directors, two-year terms (eight to be elected): * Jack Denzer, mayor, Cottage Grove * Ray Faricy, governmental relations, St. Paul * Marie Grimm, councilmember, St. Paul * Ann Lenczewski, councilmember, Bloomington * Susan Hoyt, administrator, Falcon Heights Bev Schultz, :payor, Bayport Pat Scott, councilmember, Minneapolis * El Tinklenberg, mayor, Blaine For Board of directors, one-year term (one to be elected) Jon Elam, administrator, Maple Grove Notes: A. Additional candidates may be nominated by any delegate at Annual Meeting. B. Asterisk (*) denotes incumbents who are eligible for re-election to a two-year term. continued on back... 3490 Lexington avenue north, st. paul, minnesota 55126 (612) 490-3301 M,(,1 Board of Director terms not expiring (one-year remaining) Jerry Linke, mayor, Mounds View Joan Lynch, councilmember, Shakopee Gerald Otten, councilmember, New Hope Jim Prosser, manager, Richfield Kirk Schnitker, councilmember, Champlin Charlotte Shover, councilmember, Burnsville Bill Thompson, mayor, Coon Rapids Nominating committee members: Dave Childs, Chair, manager, Minnetonka Mike Bisanz, mayor, West St. Paul Kevin Frazell, administrator, Cottage Grove Joan Lynch, councilmember, Shakopee Joy Robb, mayor, Robbizsdale Steve Sarkozy, manager, Roseville Pat Scott, councilmember, Minneapolis John Weaver, councilmember, Anoka METRO MEETINGS A weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Metropolitan Sports Facilities mon. Meeting times and agendas are occasionally changed. should be directed to the appropriate organization. Meeting information is also available on the y 229-3780 and by computer modem, through the Twin Cities Computer Network at 337-5400. DATE: May 5,1995 WEEK OF: May 8 - May 12, 1995 METROPOLITAN COUNCIL ig pomrnitte6s, .and' e Commission, and, ons about meetings Infrm�ti oir ir}e; at ' Community Development Committee - Monday, May 8, Noon, Room IA. The committee will consider: Housing Assistance Loan Program funding for New Hope Low -Income Home Buyer Program; Housing Assistance Loan Program funding for New Hope Accessible Twin Home Program; Regional Park System Policy Plan revision and related recreation research; procurement, grant and income contract policies; status report on livable communities, housing, polluted sites legislation; and other business. 1995 Rates/Cost Allocation Task Force -Tuesday, May 9,730 a.m., Room 2A. The task force will considen a presentation on inflow/infiltration; a presentation on current value credit; an update from the Technical Advisory Committee; and other business. Environment Committee - Tuesday, May 9, 4 p.m., Room 2A. The committee will consider: authorization to award and execute a contract for Brooklyn Center and St. Bonifacious interceptor rehabilitation; authorization to award contract for liquid oxygen, lease storage tanks and dispensing system; authorization to execute an agreement to convey interceptor facilities to the city of Lino Lakes; city of Ramsey water supply and distribution plan; 1994 Minnesota Pollution Control Agency awards for outstanding operation, maintenance and management of wastewater treatment facilities; report on Blue Lake Plant solids and Seneca Plant solids project; annual budget update; procurement, grant and income policies; and other business. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, May 10, 9 am., Chambers. The committee will consider a presentation on Washington County Land Use/ Transportation plan; Minnesota state plan; Elm Creek planning study; 1996-98 Transportation Improvement Program; and other business. SPECIAL MEETING: Finance Committee - Thursday, May 11, 3:30 p.m., Room 2A. The committee will award bids on Series 1995A general obligation sewer bonds. Metropolitan Council - Thursday, May 11, 4 p.m., Chambers. The council will consider: funding for contracted project, "Development of Advanced Eutrophication Model of the Upper Mississippi River"; authorization to issue request for proposal for consultant for financial system needs development; approval of proposed cost sharing guidelines for Elm Creek interceptor, city of Apple Valley major comprehensive sewer plan amendment; award of bids on Series 1995A general obligation sewer bonds; approval of 1994 performance evaluation report for submittal to the legislature; resolutions recognizing the contributions of Patrick Leung and Craig Morris to the Metropolitan Council; and other business. Legislative Coordinating Group (TENTATIVE) - Friday, May 12, Noon, Room IA. TENTATIVE MEETINGS THE WEEK OF MAY 15 THROUGH MAY 19, 1995 Transportation Committee - Monday, May 15, 4 p.m., Chambers. Special Meeting/Environment Committee - Tuesday, May 16, 4 p.m., Room 2A. Finance Committee - Thursday, May 18, 4 p.m., Room 2A. Legislative Coordinating Group - Friday, May 19, Noon, Room IA. The Metropolitan Council is located at Mears Park Centre, 230 E. Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291-6447, (TDD 291- 0904). Call the Metro Information Line at 229-3780 for news of Council actions and coming meetings. METROPOLITAN SPORTS FACILITIES COMMISSION Intergovernmental Relations Committee - Monday, May 8, 8 a.m., Sheraton Midway Hotel, 400 N. Hamlin Ave., St. Paul. The committee will consider legislative issues and other business. Finance Committee - Monday, May 8, Noon, Commission office, 900 S. 5th St., Minneapolis. The committee will consider the Bloomington land sale and other business. Personnel Committee Monday, May 8, 2 p.m., Commission office, 900 S. 5th St., Minneapolis. The committee will consider the management structure and other business. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally may be changed To verify meeting information, please call Lori Peltier, 335- 3310. 0 . OFFICIAL CITY MEETINGS May 1995 Sunday Monday 1 Tuesday 2 Wednesday 3 Thursday 4 Friday 5 Saturday 6 PLANT PLYMOUTHENTRANCE WAYS - 1-494 & Carlson Parkway 01)aI4 r]' > ^` t 3iA [ 3 di111I'IF, i"�i0f1t 1'6 i 6' t7 '« 7:00 PM Downtown Pl o- Ym uth Workshop - Councll Chambers 7:30 PM HUMAN RIGHTS COMMISSION -Pub. Safety Training Room 7 8 9 10 11 12 13 PLANT SALE - Parkers Lake Park, 9 a.m. - 6 p.m. 6:30 PM Special HRA Mtg - Large Conf. Rm 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE- Pub. Safety Tragi Room 7:00 PM PLANNING COMMISSION Couacil Chambers PUBLIC INFO. MEETING ON OPENSPACE/fRAILS REFEREN DUM-7:00P.M.,Couacll Chambers; WARD MEETINGS follow 7:00 PM PUBLIC MTG ON CHAR- HAROPEN TERAMENDMENTS-Council Chambers CHARTER COMMISSION following Public Mtg) - Council Conf. Rm 14 15 16 7:30 AM TwinWest Chamber "State of the City" Coffee Break- Council Chambers 17 7:00 AM PLYMOUTH HOUSING ALLIANCE -Council Coat Ras 18 19 20 City Center Counter Open for Absentee Voting - I - 3 p.m. 7:00 PM HRA - Council Cltafttbers 1: 00 PMARBOR DAY- Plymouth Creek School 7:00 PM PACT- Pub. Safety Library PARK TOUR - Lcave City Center 4 p.m. 21 PLYMOUTH TOWNE SQUARE -RECEPTION, 2:00 P.M.; OPEN HOUSE, 3:00 - 5:00 P.M. 28 22 City Center Counter Open to 7p. m. - Absentee Voting Memorial Day (Observed) City Offices Closed 23 24 25 7:00 PM BOARD OF ZONING - Council Chambers 26 27 SPECIAL CITY ELECTION - Polls Open 7 a.m.; Close 8 p.m. 9M SPIv r - r14iOAri' rl . 7:00 PM PLANNING COMMISSION - Couacil Chambers 30 31 April June SMTWT F S SMTWT F S 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 13 14 15 11 12 13 14 15 16 17 16 17 18 19 20 21 22 23 24 25 26 27 28 29 18 19 20 21 22 23 24 30 125 26 27 28 29 30 7:00 PM Downtown Pl=- nth Workshop - Council Chambers Rev. 5/4/95 a�-1 DATE: MAY 11, 1995 TO: DWIGHT JOHNSON, CITY MANAGER FROM: CARLYS SCHANSBERG;,,DATA CONTROL/INSPECTION CLERK SUBJECT: BUILDING PERMIT ISSUED REPORT FOR COMMERCIAL/INDUSTRIAL/PUBLIC & CHURCH USE TYPES MAY 4, 1995 THROUGH MAY 10, 1995 Permit #65425 was issued to Ed Sheehy Construction for interior remodel for Office Depot at 1105 Xenium Lane North, valuation $380,000.00. Permit #65612 was issued to Rochon Corporation for an interior remodel for Forward Technologies at 13500 County Road 6, valuation $180,000.00. �r PERMITLIST LIST OF PERMITS ISSUED PAGE 3 05/11/95 AGING DAYS FROM 04/04/95 TO 04/10/95 PIN NUMBER CLASS OF WORK DATE PERMIT # APPLICANT NAME LEGAL USE TYPE ISSUED ERMT.TYPE SITE ADDRESS DESCRIPTION OUTLOT/TRACT UNIT# STATE LICENSE # VALUATION TOTAL FEE -------------------------------------------------------------------------------- 33 118 22 33 0031 KIMBERLY A SHRACK 15510 3RD AVE N 26 118 22 22 0002 ROBERT N ODDEN, JR 2315 LARCH LA N 33 118 22 33 0056 WENSOLE, LE ROY 15725 GLEASON LAKE DR 34 118 22 21 0002 ED SHEEHY CONST 1105 XENIUM LA N 36 118 22 23 0048 K K DESIGN ARCHITECTS 11050 STATE HWY NO 55 2 27 118 22 31 0005 ROCHON CORP 13500 CO RD NO 6 REPAIR 04/07/95 65907 LOT BLK SFD BUILDING 10 1 PLYMOUTH MANOR 2ND $6,500.00 $93.25 ALTERATION 04/07/95 65909 LOT BLK SFD BUILDING LLS26QQ220002 $300.00 $39.90 REPAIR 04/07/95 65917 LOT BLK SFD BUILDING 5 1 RANCHVIEW EST $1,500.00 $35.75 ALTERATION 04/10/95 65425 LOT BLK COMMERCIAL BUILDING LLS34QQ210002 $380,000.00 $2,862.17 ALTERATION 04/05/95 65533 LOT BLK COMMERCIAL BUILDING LLS36QQ230048 $40,000.00 $596.67 ALTERATION 04/10/95 65612 LOT BLK COMMERCIAL BUILDING LLS27QQ310005 $180,000.00 $3,457.17 16 118 22 42 0009 ALTERATION 04/05/95 6562E KRISTA G LABIE & LUC G DE BLEE LOT BLK SFD BUILDING 3950 NIAGARA LA N 5 1 PARKVIEW RIDGE $2,000.00 $75.25 \b DATE: May 9, 1995 TO: Dwight Johnson, City Manager through Fred G. Moore, P.E. , Director of Public Works FROM: Daniel L. Faulkner, P.E. City Engineer SUBJECT: PROJECT STATUS REPORT BACKGROUND: Enclosed are the status reports provided by the consultants performing engineering services in the City. Also attached is the monthly Erosion Control Report for all active developments in Plymouth. Following is a summary of the Project Status Reports received from the three consultants who have active projects with the City of Plymouth. 1. STRGAR-ROSCOE-FAUSCH, INC.: City Project No. 011 - Northwest Boulevard (45th Avenue to Schmidt Lake Road) and Schmidt Lake Road (Northwest Boulevard to Pineview Lane) is complete except for some minor punchlist work. (See Map - C) City Project No. 205 - Northwest Boulevard (Schmidt Lake Road to 54th Avenue) is complete except for minor punchlist work. (See Map - D) City Project No. 031 - County Road 24 and Medina Road is complete through the Phase I portion. Construction restarted on the Phase II construction on April 17, 1995 and the remaining work should be completed within the next month, i.e., bituminous wearing course, concrete median, bituminous walk, turf establishment and other miscellaneous items. (See Map - E) PROISPAT.DOC SUBJECT: Project Status Report Page No. 2 City Project No 213 - Schmidt Lake Road (Northwest Boulevard to Fernbrook Lane was opened to traffic on November 30, 1994. Fernbrook Lane north of Schmidt Lake Road is constructed through the gravel base and will be completed early in 1995. The bituminous trail on the west side of Fernbrook Lane north of Schmidt Lake Road will be deleted from this contract and constructed with the adjacent development of Fernbrook Woods. (See Map - F) City Project No 310 - New County Road 9 Trunk Highway 55 to Vicksburg Lane) has recently begun construction operations. The contractor is working on the grading portion of this project including a water quality treatment pond. (See Map - G3) City Project No 316 - Schmidt Lake Road EAW/Alignment Study (Vicksburg Lane to Peony Lane) was had a final report prepared on the alternative alignments and the City Council elected to proceed with the northern alignment alternative. The 30 day comment period for the EAW has expired and the record of decision will be submitted for Council action in the next few days. (See Map G4) City Project No 406 - Trunk Highway 55 North Frontage Road and South Shore Drive is nearing completion and the final wearing course and cleanup will be completed early in 1995. (See Map - G5) City Project No 310 - New Traffic Signal at New County Road 9/Relocated County Road 24/Trunk Highway 55 began during the week of April 10, 1995. The underground portion of the construction is complete and the work will be completed when the signal poles and mast arms are received from the manufacturer. (See Map -G3) City Project No 415 - Westbranch 3rd Addition (east of Dunkirk Lane and north of proposed County Road 9) is proceeding with the final design phase as authorized by the City Council on October 17, 1994. (See Map N-1) City Project No. 417 - 1995 Trail Improvements is on hold pending further staff direction as well as the outcome of the May 23 Bond Referendum. (See Map N-2) SUBJECT: Project Status Report Page No. 3 City Project No. 502 - Peony Lane T.H. 55 to County Road 47) has had draft alternative alignments prepared and a public information meeting was held on March 15, 1995. At the April 18, 1995 City Council meeting the Preliminary Engineering Report was ordered for Peony Lane from Highway 55 to the northerly high school driveway and work on this report is proceeding. (See Map - B) City Project No. 402 - CSAH 9 (1-494 to Polaris Lane) has had a landscape plan prepared and presented to City and County staff on April 4, 1995. This plan will be shared with residents at a public meeting yet to be scheduled. (See Map - B-1) A preliminary traffic analysis has been completed for Medina Road at Holly Lane and an updated traffic forecast will be submitted to City staff on May 9, 1995. The Plymouth MSA traffic counts for 1995 were recently authorized and the traffic counts are proceeding throughout the City. 2. BONESTROO, ROSENE ANDERLIK AND ASSOCIATES, INC.: City Project No. 906 - Medina Road Trunk Watermain Improvements (between Vicksburg Lane and Dunkirk Lane) is currently on hold pending a determination on the location of Medina Road in this area. The plans and specifications are approximately 80% complete. (See Map - L) City Project No. 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements is complete through the Phase I portion including the preparation of a punch list. The remaining work and bituminous wearing course for the roadway and bike path will be done in 1995. The completion date for the project is July 1, 1995. Phase II of this project, which extends Schmidt Lake westerly from Fernbrook Lane to Vicksburg Lane, has had a draft preliminary report prepared and submitted to staff for review. (See Map - M) City Project No. 214 - Xenium Lane Street and Utility Improvements (Xenium Lane to Northwest Boulevard south of County Road 9) has had the Preliminary report accepted by the City Council on September 19 and staff is working with the developer, JANCO, Inc. to obtain the necessary right-of-way for this project through the plat approval process for the requested development plan. (See Map - N) -y_-; \ b SUBJECT: Project Status Report Page No. 4 City Project No 308 - Dunkirk Lane Street and Utility Improvements (Old Rockford Road to New County Road 9) is scheduled for completion by July 1, 1995. Work has not yet commenced this year and the remaining work includes paving of the final wearing course and pavement markings. (See Map - 02) City Project No 601 - 26th Avenue Street Improvements (Kilmer Lane to Medicine Ridge Road) was awarded to Valley Paving and work commenced approximately two weeks ago. All of the tree clearing has been completed and approximately half of the grading, including gravel base and storm sewer installation has been completed. A construction news update will be mailed to all affected residents on May 8. (See Map - 04) City Project No 212 - 3 Million Gallon Hollydale Water Tower (Schmidt Lake Road and Vicksburg �Lane) had the Preliminary Report accepted at the September 20, 1993 City Council meeting and the Council directed staff to set up a public meeting on this project. (See Map - OS) City Project No 509 - Plymouth Creek Channel Improvements (Vicksburg Lane adjacent to Plymouth Creek Elementary School) commenced during the month of March, but due to an early warming trend the project was not completed during the winter as planned. A portion of the channel has been excavated and all necessary trees have been cleared. The remaining excavation and tree grubbing will be attempted in July. The spoils from the excavation will be either hauled from the site or stockpiled for removal next winter when the ground is frozen. 3. SHORT-ELLIOTT-HENDRICKSON, INC.: City Project No 401 - 1994 Street Reconstruction Program is complete except for minor punch list items which will be completed by June 15. The record plans have been submitted. (See Map - W) City Project No 503 - NW -19 Trunk Sanitary Sewer (Kimberly Lane Elementary west to Peony Lane north to proposed Wayzata High School) was authorized for construction and plans and specifications are currently being prepared. The project is expected to be let in June with construction beginning in late July/August. (See Map - V) SUBJECT: Project Status Report Page No. 5 4. CITY DESIGN TEAM: City Project No. 501 - 1995 Street Reconstruction Program is scheduled to be bid on May 26. (See Map - P) 5. THE APPROVED PAYMENTS LISTING is attached as Report No. 114 for your information. 6. THE MONTHLY EROSION CONTROL STATUS REPORT is attached for your information. �a-vlt-fd) z Daniel L. Faulkner, P.E. attachments: Status Reports Approved Payments Listing Map W P E 7CITY OF SCALE OF MILES PLYMOUTH- 2 34 1 -•MXY�TE RJ�L oil o� o, 5 J1 ilk! g 38 x> gg:ggazoo ;R,gtr._,8o8..8o�s`s .gg: g:>g>.gggg:0 o E gie cgo&g=R.B3gXrg.t - - LAKE i PRO - CA. . ; ,.�N, STREET MAP -�a 1� MAY- 8-95 MON 15:12 SRF FAX NO. 4752429 P. 01 SRFSrRGAR-R` 9SCOE— AL VCR, INC. CONSULTING ENGII�:EERS & PLANNERS TRANSPORTAnON A C VJL 7 STRUCTURAL ■ ENVIRONWWAL ■ PARKING MEMORANDUM TO: Fred G. Moore, P.E. City of Plymouth FROM: Jim Dvorak, P.E. Tim Phenow, P.E. DATE: May 8, 1995 SUBJECT: PROJECT STATUS REPORT Post -It' Fax Note 7671 oatsPao► To From colon co. Phone # V phone i Fax 1t Fax k The following are brief descriptions of the sty-ltus of active projects assigned to us: Northwest Boulevard (45th Avenue to Schmidt Lake Road) chmidt Lake Road North=st Boulevard to Pi eview Lane) City Project No. 011 SRF No. 0901340 Minor punch list work remains to finish the p roject. Northwest Boulevard (Schmidt Lake Roast( 541h Avenue) City Project No. 205 SRF No. 0921637 Construction is complete except for minor p! ;nch list work. County Road 24 and MpdinaRoad City Project No. 031 SRF No. 0921643 Phase I construction is complete. The bituminous wearing course, bituminou~ walk, concrete median, turf establishment and other miscellaneous items will be co! iipleted in 1995 for Phase II construction. Construction started on April 17, 1995 an,! we anticipate that most of the remaining work will be completed in the next month. Suite 150, One Carlson Parkway Nort° , Minneapolis, Minnesota 55447443 (612) 475.0010 FAX (612) 475-2429 MAY- 8-95 MON 15:12 SRF FAX 110. 4752429 P.02 Fred G. Moore, P.E. -2- Schmidt Lake Road (Northwest Boulevard tc Fern rook Lane) City Project No. 213 SRF No. 0921675 May 8, 1995 Schmidt Lake Road was opened to traffic on November 30, 1994. Fernbrook Lane is constructed through the gravel base and wil' be completed in 1995. New Counly RpgId 9 betty .H. 55 and VicksburgLane City Project No. 310 SRF No. 0931781 Construction operations have resumed for ilie year. The contractor is working on the grading portion of the project. Schmidt Lake Road/P�onyLane Alignment'& SRF No. 0931865 A final report on the alternative alignments has been submitted to City staff. The 30 - day comment period for the EAW has expired and the Record of Decision will be submitted for Council action in the next few days. T.H. 55 North Frontane Road h Shf )re Dri City Project No. 406 SRF No. 0941991 The final wearing course and cleanup will l>e completed during the 1995 construction season. County- Road 9/County Road 24tT.H. _55 Siclnal SRF No. 0942029 Work started as scheduled during the week of April 10, 1995. The underground portion of the construction is complete and the work will be completed when the signal poles and mast arms are received from the mane' acturer. West Br rd Additio City Project No. 415 SRF No. 0942078 Final design has been authorized by the Cii,.f and work is proceeding. MAY- 8-95 MON 1513 SRF FAX NO. 4752429 P. 03 -T- \)D Fred G. Moore, P.E. - 3- 1994 - 1994 Tr it Improvements City Project No. 417 SRF No. 0942080 The project is on hold pending further staff d rection. Peony Lane, (I.H. 65 to Counly d4 City Project No. 502 SRF Nos. 0942162 and 0952227 May 8, 1995 A draft alignment alternatives report has t, -.en submitted to City staff for review and comment. A public information meeting vias held March 15, 1995. After receiving comments, the final report will be submitted. The Preliminary Engineering Report was or lered by the Council on April 18, 1995 and work is proceeding. C.S.A.H. 9 Landscape i n I— � City Project No. 402 SRF No. 0952203 A concept landscape plan was presented l:o City and County staff on April 4, 1995. Based on comments received from that mE sting, revisions are being made to the plan in anticipation of submission to area residents and the Council for their review and comments. Medina Road/Holly Lane.Review SRF No. 0952223 Preliminary traffic analysis has been reviewed with City i staff and an updated traffic forecast will be submitted to staff on May 8, 1995. 1995 Plymouth MSA Traffic Counts SRF No. 0952231 Work on the project was recently authorizec! and the traffic counts are proceeding. cc: Dan Faulkner, City of Plymouth Dan Campbell, City of Plymouth z: kb Dear Dan: S The following status report has been prepared for all current BRA/City of Plymouth projects. PRELIMINARY REPORTS Project 214 - Xenium Lane Street and Utility Improvements: The City Council has accepted the Preliminary Report for this project and directed the City Staff to proceed with right-of-way acquisition for the roadway. Project 212 - 3 Million Gallon Hollydale Water Tower: The City Council accepted the Preliminary Report at its September 20, 1993 meeting and directed Staff to set up a public meeting on the project. ine public meeting has not yet been scheduled. Project 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements, Phase 2: This project has been split into two phases. Phase 1 is under construction and includes the improvements on Fernbrook Lane from 45th Avenue to Schmidt Lake Road. A draft Preliminary Report for the entire project has been submitted to the City. Following City Staff review, we will finalize the Preliminary Report for Phase 2 of the project. PLANS AND SPECIFICATIONS Medina Road Trunk Water Main Improvements: The plans and specifications for this project are partially complete. The project is currently on hold, pending receipt of all the necessary easements and right-of-way. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 eenestroo. ?_ sene, Anderlik and Associates, Inc. is an A; tlrmative Action/Equal Opportunity Employer Bonestroo Oco G. Bon -s7oo, PE Howard A Sanford, RE Michael C Lynch. RE Brian K. Gage, P.E Rosene Rcoert W Re-ene, PE ' Jcseph C. A^--erlik, PE. Keith A Gordon, RE Robert R. Pfefferle, PE James R Maland, PE. Jerry D. Pertzsch, RE. Keith R. Yapp, PE. Douglas J. Benoit, PE. Ve vin L S,-,. ala, PE Richard W Foster. RE. Scott J. Arganek, RE. Shawn D. Gustafson, PE. Anderlik & R c-ard E T '^er RE David O Loskota, PE Kenneth P Anderson, RE Cecilio Olivier, PE. G_nr R. C7- RE. Robert C. Russek, A.I.A. Mark R. Rolfs. RE. Paul G. Heuer. RE. Associates Trzmas E ',-.es, RE Jerry A. Bourdon, RE Mark A Seip, PE John P Gorder, PE. R_c=r[ G. S.'--mcht, P;. Mark A Hanson. RE Gary W Morien, PE. Dan D. Boyum, PE. S-. ,n M. EC=' r. CPA Michail T. Rautmann, PE. Paul J. Gannon, A.I.A. Jeffrey J. Ehleringer, RE. Engineers &Architects ierior Cc -_ ;itant Ted K Field. RE Daniel J Edgerton, RE. Joseph R. Rhein, RE. Thomas R. Anderson, A.I.A. A. Rick Schmidt, PE, Lee M. Mann, PE. Donald C. Burgardt. RE Philip J. Caswell. PE. Charles A. Erickson - Thomas A. Syfko. RE. Mark D. Wallis. RE. Leo M. Pawelsky Ma 5 1995 Frederic J Stenborg, RE Miles B Jensen, RE. Harlan M. Olson Y f Ismael Marunez, PE. L Phillip Gravel, PE Agnes M. Ring Michael P Rau, RE. Karen L. Wier i. P.E. James F Engelhardt Thomas \+1 Peterson, RF. Gary D. Kristofi[z, RE. City of Plymouth r 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Daniel L. Faulkner '1W 00 r� ©19gf Re: Project Status Report File No. 70 Dear Dan: S The following status report has been prepared for all current BRA/City of Plymouth projects. PRELIMINARY REPORTS Project 214 - Xenium Lane Street and Utility Improvements: The City Council has accepted the Preliminary Report for this project and directed the City Staff to proceed with right-of-way acquisition for the roadway. Project 212 - 3 Million Gallon Hollydale Water Tower: The City Council accepted the Preliminary Report at its September 20, 1993 meeting and directed Staff to set up a public meeting on the project. ine public meeting has not yet been scheduled. Project 907 - Vicksburg Lane, Schmidt Lake Road and Fernbrook Lane Street and Utility Improvements, Phase 2: This project has been split into two phases. Phase 1 is under construction and includes the improvements on Fernbrook Lane from 45th Avenue to Schmidt Lake Road. A draft Preliminary Report for the entire project has been submitted to the City. Following City Staff review, we will finalize the Preliminary Report for Phase 2 of the project. PLANS AND SPECIFICATIONS Medina Road Trunk Water Main Improvements: The plans and specifications for this project are partially complete. The project is currently on hold, pending receipt of all the necessary easements and right-of-way. 2335 West Highway 36 ■ St. Paul, MN 55113 ■ 612-636-4600 z \b City of Plymouth May 5, 1995 Mr. Daniel L. Faulkner Page -2- ACTIVE CONSTRUCTION PROJECTS Project 601 - 26th Avenue Street Improvements: In the past two weeks the contractor has completed roughly half of the grading, gravel base and storm sewer installation. All of the tree clearing on the project has been completed. In the next week, we expect that the remaining road grading, gravel base and storm sewer work will be completed. Two utility poles will be relocated along the north side of 26th Avenue. These are located on the west side of Pilgrim Lane and east side of Nathan Lane. Probably during the week of May 15th the contractor will install the concrete curb and gutter. Residents will be notified to park on the street prior to setting up the string line for the curb machine. After the curb has been completed it must cure for three days before the residents can use their driveways. The curb at each driveway will be ramped with gravel until the street and driveways have been paved. We expect that the paving will be done during the week of May 22nd. As always, the scheduling is subject to rain delays and unforseen circumstances. Project 509 - Plymouth Creek Channel Improvements - Neumann Enterprise: 'Due to unusually warm weather last March, the frost came out of the ground early. The project was not completed during the winter as planned. A portion of the channel has been excavated and all of the trees have been cleared. The remaining excavation and tree grubbing will be attempted in July. The spoils from the excavation will either be hauled from the site or stockpiled for removal next winter when the ground is frozen. Project 308 - Dunkirk Lane Street and Utility Improvements - S.M. Hentges: The remaining construction on this project has not commenced yet this year. The remaining work includes paving the final wearing course and pavement marking. The completion date for the project is July 1, 1995. Project 907, Phase 1 - Fernbrook Lane Street and Utility Improvements - Ryan Contracting: We have notified the contractor to fix the punchlist items and we expect the work to be done shortly. The remaining work includes paving the bike trail and final wearing course, and pavement marking. The completion date for the project is July 1, 1995. Water Main Improvements: Project 311 - Fernbrook Lane, Project 110 Maple Grove Connection, Project 909 - Well No. 11 - Annandale Contracting: The work has been completed and the project has been closed out. City of Plymouth Mr. Daniel L. Faulkner Page -3- Project 909 - Well No. 11 Pumping Facility - Municipal Builders, Inc.: Z: \ b May 5, 1995 The final training session with the variable frequency drive supplier should be scheduled by the City. The work has been completed and the project has been closed out. Sincerely, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. cc: OGB MLS GRC RGS JKI DJE 05/08/95 13:22 FAX ■ St. Paul, MN ❑ Minneapolis, MN SEH ST. PAUL 444 PLYMOUTH Booz/ooz`_ MEMORANDUM ❑ SL Clvu f, MN C Chippewa Falls, W! ❑ Madison, Wl TO: Dan Faulkner, City Engineer FROM: Susan Mason DATE: May 8,1995 RE: Plymouth, Minnesota Project Status Report SEH File No: A-PLYM09401.00 A-PLYM09502.00 1994 Street Reconstruction Pro&= - City Prc, i gst'12o. 401 The Contractor is currently finishing the punch B . t work. The final completion date is June 15th The record plans have been submitted. NW 19 Trunk Sanitary Sewer- City Praiect Iii .►. 503 SEH is currently preparing the plans and specific. -i tions, The project is expected to be let in June with Construction beginning in late July/August. APPROVE PAYMENTS PUBLIC IMPROVEMENT PROJECTS FROM 1/17/95 TO 5/16/95 REPORT NO. 114 2 Proposed C.R. 9/Rockford Road C.S. McCrossan Const., Inc. 310 1/5/95 1/10/95 $305,891.15 14 Northwest Boulevard Edward Kraemer & Sons, Inc. 205 1/6/95 1/19/95 124,609.43 5 T.H. 55 North Frontage Road/ Hardrives, Inc. 406 1/17/95 1/19/95 25,193.57 South Shore Drive 7 Dunkirk Lane - Utility & Street S. M. Hentges & Sons, Inc. 308 2/7/95 2/7/95 22,702.04 6 & Bridlewood Farms 3rd Addition Richard Knutson, Inc. 304 1/18/95 2/9/95 5,505.29 Final 5 & Bridlewood Farms 2nd Addition Hank Weidema, Inc. 206 1/27/95 2/9/95 38,477.72 Final 8 & Fernbrook Lane, Maple Grove Annandale Contracting, Inc. 311, 110, 2/8/95 2/22/95 25,829.18 Final Connection, Well No. 11 & 909, & Vicksburg Lane/Schmidt Lake 907 Road Fernbrook Lane Wtrmn & St. Imp. 6 & CSAH 24/Medina Road - Phase II Latour Construction 031 2/13/95 2/22/95 17,009.69 Final 5 CSAH 24/Medina Road - Phase II C.S. McCrossan Const.; Inc. 031 4/14/95 4/21/95 12,006.09 9 Schmidt Lake Road C.S. McCrossan Const., Inc. 213 4/14/95 4/21/95 10,269.08 H i 6 -T- - \b DATE: May 8, 1995 TO: Daniel L. Faulkner, City Engineer FROM: 0�1 Darrell Johnson, Sr. Engineering Technician - Drainage SUBJECT: EROSION CONTROL STATUS REPORT Attached is the Street Cleaning Status Report revised May 8, 1995. To date, one developer has been fined $200 for non-compliance with the policy. Additionally, numerous phone calls have been made to developers concerning dirty streets as well as stricter erosion control enforcement. The Bassett Creek Watershed conducted erosion control inspections on April 13, 1995. Of the 58 sites inspected, they found 41 to be in compliance with erosion control practices and 17 to be in violation. Most of the violations pertain to dirty streets. One Erosion Control Intern is working Fridays only until June 12, 1995. Beginning June 12 this intern as well as a second intern will be being working fulltime on erosion control inspections for the duration of the construction season. attachment cc: Fred G. Moore Shane Missaghi 1995 STREET CLEANING PENALTIES Revised: 5/8/95 1 .. SUBDIVIS)1�"II ...... ...... � ? 1�A�T PERSON 20� X00 .... .. ' 2�4 _qQ ... Autumn Hills Dave Henners 473-1231 x 69 BassLake Terrace 3rd Add. Vern Reynolds 42,5-6442 Bitoerin Chris Censki 498-7915 Boulder Crest Dane Swenson or Fritz 473-8511 Boulder Ridge 2nd & 3rd Betsy Krutzig 559-3271 Bridlewood Farm Jeff Franc 478-9848 Bill Pritchard 544-7333 Camelot Overlook Jack Menkveld or Ken Gust 786-6000 Cavan Meadows Chuck Dillerud/Tony Eiden 550-7633 Courtyards of French Creek David Newman 757-2926 Curtis Lake John Lino 882-1112 Eaglewood Dale Runkle 454-4663 ext. 121 Fernbrook Woods 2nd Fred Haas 884-1926 Forster Preserve Tom Graham or Jake Enebak 546-8216 Forster Preserve II Tom Graham or Jake Enebak 546-8216 Golfview Estates Bernie Barr 559-0085 0 1995 STREET CLEANING PENALTIES Revised:5/8/95 2 Greenwood Ponds Earl Fischer 473-0706 Heather Run Dave Henners 473-1231 x 69 Heritage Woods Estates 2nd Add. Robert Enebak 333-1307 Holly Creek 1 st Craig Scherber 428-8400 Holly Creek 2nd Craig Scherber 4/26/95 428-8400 Holly Creek 3rd Craig Scherber 428-8400 Ironhorse Estates Fred Smith 541-1451 Cindy Elcher 420-2746 Kimberly Woods Tim Rachel 553-1824 Kingsview Heights 3rd Paul or Keith Harstad 636-3751 Lancaster Park Apartments Ken Isaacson 926-9467 H 926-9408 ' North Fork Jack Swedlund 557-0662 Parker's Lake North 8th,9th,&10th Sandy Williams trailer # 473-1406 Parker's Woods Woody Perl 938-6727 Pine Creek Vicky Siskin 546-3592 Pintail Villas Don Jensen 638-0534 Doug Fiala 452-1329 N 1995 STREET CLEANING PENALTIES Revised:5/8/95 CT Ri)T�Ii!�T()7V r NTA CT PERSON 200 I 20Q I X00.. < X00 200. I 200 3 Plymouth Green Villas John DeVries 550-1346 Plymouth Oaks Terry Dahlstrom 557-4571 Chuck Dillerud 550-7633 Plymouth Pointe John Peterson 755-9793 Good Value Homes Ponderosa Woods 3rd A.J. Poppelaars 925-2761 Quail Hollow Homer Thompkins or Pam Backer 627-0823 Rebecca Woods Craig Anderson 473-3976 Rockford Estates Pat Goff 482-0767 Savannah Dave Henners 473-1231 x69 Seven Ponds 5th,6th,&7th Add. Ted Hagen 572-9455 Sugar Hills 1st & 2nd Add. Mark Reichel 636-9991 Marty Harstad Sunset Valley Homes 2nd Russ Bendickson 545-3132 Chuck Dillerud 550-7633 Swan Lake South Tom Graham or Jake Enebak 546-8216 Trenton Ponds Jim Zachman 470-4544 Westbranch Bill Pritchard (plymouth creek heights) 544-7333 N W-1 (' rA For Immediate Release For More Information: May 8, 1995 Sara Miller, 550-9525 Plymouth Senior Apartment Building to Hold Public Open House on May 21 The seniors at Plymouth Towne Square, along with the Plymouth Housing and Redevelopment Authority (HRA); invite the community to an open house on Sun., May 21, 3 -5 p.m. Plymouth Towne Square, 15500 - 37th Ave. N., is Plymouth's first affordable housing development for seniors. The locally funded $6.7 million apartment complex was developed by the Plymouth HRA and the City of Plymouth. It opened in October 1994. The 99 -unit, 3 - story building offers independent living for low and moderate income people who are 55 years or older. It includes 60 one -bedroom apartments, 39 two-bedroom apartments, heated underground parking and a guest room. The common areas include a dining room, crafts room, meeting rooms, lounge with fireplace, solarium, beauty/barber shop and three laundry rooms on each floor. -30- We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 a0. - CSM CIN OF PLYMOUTFF For Immediate Release More Information: May 9, 1995 Sara Cwayna, 550-5198 Plymouth Police to Sponsor Mixed Blood Theater Production on June 3 The Plymouth Police Department will address issues related to violence through a special event at Armstrong Senior High School on Sat., June 3, 12 - 3 p.m. The event, "Promoting Peace in Plymouth: Block Gun Play," will feature the Mixed Blood Theater's widely acclaimed production Gun Play. The play is a powerful, sobering drama that holds youth spellbound, according to Public Safety Education Specialist Sara Cwayna. It addresses conflict resolution, violence prevention, racism and current social problems that youth deal with on daily basis. The event will conclude with personal testimonies of four survivors of gun violence, a representative of North Memorial Hospital and Hennepin County Attorney Don Johnson. "This is a family event that should not be missed. It will help parents break the ice in talking with their children about the reality of gun violence," Cwayna said. "It is important that we address this topic. A teenage boy is more likely to die of a gun shot wound than in a car accident. We have to educate our young people about the dangers of handling guns as well as teach them how to resolve conflicts without resorting to violence," she added. Promoting Peace in Plymouth is a collaborative effort spearheaded by Cheryle Matis, mother of slain Plymouth youth Brandon Block, and the Plymouth Public Safety Department and the Parks and Recreation Department. A $1 per person donation will be accepted at the door. For more information on the program, call Cwayna at 550-5198. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Minnesota Open Meeting Law the importance to public officials in ing two AESCME union local presidents, If Minnesota of the state's Open sued the mayor of Hibbing and three Meeting Law was ever in doubt, after city council members, alleging that the 1994 no such doubts can remain. In four public officials had repeatedly and nearly simultaneous actions last year, the intentionally violated the Open Meeting three branches of Minnesota state gov- Law by discussing city business, other ernment strengthened the provisions of than labor negotiations, during several the Open Meeting Law and heightened closed meetings. The Open Meeting its penalties. As a result, the "teeth" of Law expressly authorizes governmental the Open Meeting Law now are sharper, bodies to close meetings to discuss labor and it is clear those teeth can bite. negotiations, as long as that is all the The 1994 Amendment. The Minnesota body discusses. In their suit, the citizens Legislature in late April passed an demanded that the officials be fined for amendment to the Open Meeting Law, the violations and removed from office. which became effective on July 1, 1994. That numerous violations of the The 1994 amendment (1) increased the statute had occurred was never seriously amount of the civil penalty courts can in doubt. The District Court, Court of levy against public officials for violating Appeals, and the Supreme Court all the statute, (2) outlined how the defense found repeated violations by the mayor costs incurred by parties to an Open and other council members. The Claude Meeting Law action are to be paid, and decision focused on whether and under (3) clarified the statute's mandatory what circumstances a court should removal provision (see page 4). impose the penalties that the Open The Claude v. Collins decision. The Meeting Law requires for repeated vio- Minnesota Supreme Court in 1994 lations, and how courts can do so with - became the first court ever to use the out violating the Minnesota Open Meeting Law's removal provision, Constitution. As the Supreme Court ordering in Claude v. Collins' the explained in Claude, removal from office of three public offi- The Open Meeting Law clearly cials for repeatedly and intentionally mandates a civil penalty not to violating the statute. The Claude case exceed $100 for a single occur - rence and removal from office arose out of a labor dispute between the for three separate and unrelat- Hibbing City Council and Hibbing city ed violations of the law. . . . employees. A group of citizens, includ- Once an official commits three From the Practice Group Chair... The Earthburners Case: Some Lessons on Land -Use Decisions Minnesota Open Meeting Law: 1994 Amendment Highlights Spring 1995 —Christopher A. Lidstad, Esq separate, unrelated, and inten- tional violations, the statute mandates removal. The statute does not require, nor do any public policy considerations suggest, three separate adjudi- cations. One adjudication of three separate, unrelated, and intentional violations is suffi- cient for removal under the statute. One of the Court's objectives in Claude was to harmonize the Open Meeting Law with the state Constitution and to clear up any apparent conflict. Under the Minnesota Constitution, Article 8, Section 5, the legislature may pass laws providing for the removal of local public officials only on grounds of either "malfeasance or nonfeasance in the performance of their duties." Previous Supreme Court decisions have defined "malfeasance" in terms of "evil conduct or an illegal deed," and similar language. In the Claude case, wrote Justice Page, the actions of the mayor and council members "did not rise to the level of malfeasance." But the officials' conduct did consti- tute "nonfeasance," according to the Supreme Court, since "nonfeasance" does not imply "evil conduct" or the like, and includes "the neglect or refusal, without sufficient excuse, to do that which is the officer's legal duty to do." Since the Open Meeting Law establishes continued on page 2 page 2 page 3 page 4 From the Practice Group Chair. j Welcome to the first issue of Popham Haik's Public Law LAWGRAM. The founders of our firm viewed government representation as a cornerstone of our law firm's practice.Wayne Popham and Ray Haik, former public officials themselves, view government representation as a continuing form of public service. This tradition has attracted exceptionally talented lawyers to our Public Law Practice Group precisely because they are motivated to serve public sector clients throughout the nation at the "cutting-edge" of legal practice. This LAWGRAM is an effort to continue the Popham Haik tradition of service to the pub- lic sector. If you have any questions regarding the articles, or general comments on the LAWGRAM, please call me. (612) 334-2626 —Suesan Lea Pace, Esq. Public Law Practice Group Members: Thomas J. Barrett Thomas K. Berg Pamela E. Bethel Frederick C. Brown Karen R. Cole Raymond A. Haik Daniel D. Hill Donald M. Lewis Bryan J. Leary Christopher A. Lidstad Robert B. MacDonald Bruce D. Malkerson Bruce L. McLellan Donald R. McNeil Cecilia M. Michel Fred L. Morrison Suesan Lea Pace Andrew D. Parker Bruce A. Peterson Wayne G. Popham Thomas J. Radio Andrew H. Seitel Janna R.Severance Lee E. Sheehy Thomas M. Sipkins Louis N. Smith Kevin P. Staunton Frank A. Taylor Paul H.Tietz This Lawgram is not intended to provide specific legal advice. The techniques described should only be used after the consultation with an attorney. 222 South Ninth Street, Suite 3300 Minneapolis, Minnesota 55402 Tel. 612-333-4800 Fax 612-334-8888 Denver • Miami • Washington, D.0 page 2 continued from page 1 Minnesota Open Meeting Law a duty for public officials "to hold meet- In Hibbing, according to the Claude ings open to the public and to limit the decision, the mayor and one council subjects discussed in closed meetings," member who had violated the Open justice Page explained, a violation of Meeting Law had considerable experi- that statute, without "sufficient excuse," ence in elective office, while another constitutes nonfeasance of duty. council member had attended an orien- justice Page did not attempt to iden- tation session about the statute. As a tify or define what circumstances might result, the Court ordered those three constitute "sufficient excuse." Instead, officials removed from office for nonfea-- the Court merely considered whether a sante, because "each, without excuse, public official's good faith or ignorance engaged in at least three separate, inten- of the Open Meeting Law's require- tional, and unrelated violations of the ments could excuse a violation. While Open Meeting Law." concluding that good faith "is relevant to But the Court permitted a third the constitutional issue of whether viola- council member who had violated the tions amount to nonfeasance," the Court statute to remain in office, ruling that stopped short of holding that a public because he was new to politics and to his official's good faith will excuse a viola- seat on the City Council, he was too tion of the Open Meeting Law, a hold- inexperienced to be held liable for non- ing that would have been inconsistent feasance of duty. "Thus, although [the with the Court's prior decisions. inexperienced council member] violated As for ignorance, the Court declared the law more than three times and that ignorance of the Open Meeting under the statute is subject to removal, Law's requirements alone does not con- the constitution prohibits that result." stitute either good faith or sufficient The Lessons of 1994. The Claude decision excuse. But ignorance born of inexperi- and the 1994 amendment to the Open ence, justice Page wrote, might excuse a Meeting Law together offer some critical violation, "where the elected official nei- lessons for public officials, including the ther knows or has. reason to know that following: he or she is violating the Open Meeting • Public officials should always consult Law": legal counsel before closing an), portion of a meeting. Interpreting the Open To be sure, the excuse of inex- very wears Meeting Law can be tricky, and judicial perience quickly thin. Public officials cannot decisions or other legal authority may long hide behind purported have refined some of its requirements. ignorance where that igno- rance results in harm to the Further, if the closure is challenged, public. Public officials should having sought legal advice before clos- not be permitted to frustrate the of the Open ing the meeting might help show the purposes Meeting Law, particularly members' good faith. where, as here, advice was . Under the Open Meeting Law, meet - available from the city adminis- trator or city attorney which ings are presumed to be open. would have prevented the vio- Therefore, any decision to close a public lations. At the same time, elect- ed officials must be allowed a meeting, and the grounds for closing it, reasonable period to learn must be documented on the record their duties before they can be before closing the meeting. As the removed for failing to perform them. Our constitution places Claude decision makes clear, intent is great value on the election of essential to an Open Meeting Law viola - public officials. It does not per- tion, and good faith is relevant. If a pub - mit the legislature to create a trap to snare the newcomer to lic official acted in good faith and with office. nrrliurrnl,„, �,n r 1 ©1995 Popham, Haik, Schnobrich & Kaufman, Ltd. All rights reserved. Some Tips on How to Conduct Public Hearings on Land Use Applications Give Notice. all public hearings are made. The matter of fairness." Kletschka v. County Assure that proper notice is provided recording system should be sensitive of Le Sueur, 277 N.W2d 404, 405 for every hearing on land use applica- enough to "pick up" the voices of audi- (Minn. 1979). The City may want to con - tions. State statutes and the City's ordi- ence members who testify, as well as sider these procedures for appraisers nances must be consulted to determine those present at the council table. All and other expert witnesses, or in the notice requirements for each type of tape recordings should be preserved for instances where the credibility of an land use approval. The City should at least two years and preferably longer. important witness is especially impor- always err on the side of giving greater If a cable television company broadcasts tant. In addition, the City should give notice, if there is any question. the meetings, the City should make those procedures special consideration if , arrangements to obtain and preserve they are requested by the applicant. Take a Clear Record. copies of the tapes, at least for contested In conducting public hearings, city land use applications. A court is more Allow Questioning of Witnesses. officials should be mindful that the pub- likely to grant "summary judgment" Even if the City decides that formal lic hearing record may be carefully scru- based on the record before the City cross-examination is not necessary, it tinized by a judge, if the City's decision – instead of requiring a lengthy and may want to allow informal questioning either for or against a development – is expensive discovery and a trial if a ver- of witnesses. Such questioning can be challenged in court. A few procedures batim transcript is available. The effort directed to the City Council or planning that will assure that the record is com- and expense needed to assure that an commission if desirable to keep the pro- plete should be part of the City's rou- accurate record is kept may pay for itself ceedings orderly. Allowing this kind of tine. The mayor or planning many times over. informal questioning may allow the commission chair should assure that issues to be better ventilated. In addi- speakers give their names and addresses Be Careful What You Say. tion, the party that does not prevail will for the record before speaking for the City officials should be conscious that not be able to complain that the City first time. All documents relied on dur- their words may be cited by either the stood in the way of efforts to probe or ing the hearings should be marked as applicant or by opponents to a proposal understand the opposing point of view. exhibits (just like in court proceedings) in an attempt to prove to a court that and should be kept by the City until a the procedures adopted by the city were Consider the Need for Independent Studies. final decision is made, and the time for somehow inadequate. Ill-considered Depending on the size and sensitivity appeal has run. Exhibits — whether words may be the basis for a judge's of the proposed development, the appli- generated by the applicants, city staff, or decision! City officials should ask them- cant may submit the testimony or citizens — may be an important part of selves before speaking, "Would I say this reports of experts — such as traffic engi- the record and must be available for if a judge were sitting in the city council neers, and land use or environmental review by a court, if necessary. chambers tonight?" Because, in effect, consultants. In such cases, the City the judge may be. should consider retaining its own Transcribe or Tape Your Hearings. experts to critique the applicant's work The City must assure that a complete Consider Having Witnesses Be and perhaps to prepare independent transcript of the public hearings can be Sworn Under Oath. work on behalf of the City. At a mini - prepared, if needed, for court review. There is generally no requirement mum, the City should assure that its Hiring a court reporter to attend the that witnesses at public hearings be own staff critiques the applicant's hearing results in a very accurate record sworn under oath, or be subject to for- reports. In the absence of any indepen- of the hearing but is expensive. The City mal cross-examination (as in court). Our dent analysis, the only evidence in the may wish to consider hiring a court Supreme Court has said, however, that record may be that submitted by the reporter in cases that are contentious there may be times when testimony "is applicant. That will pose no problem where the risk of subsequent litigation is so critically important that the oath and where the applicant's work and conclu- high. In all other cases, the City should opportunity for cross-examination are sions are well-founded and where the assure that complete tape recordings of to be preferred, if not required, as a City supports the proposal. In other continued on back side ©1995 Popham, Haik, Schnobrich & Kaufman, Ltd. All rights reserved. z ac_... Continued... How to Conduct Public Hearings on Land Use Applications cases, however, the City may find itself Know the Law. Take Your 7'inie to Ilrelmre Proper Fiwling.t. in court defending a decision that is The City should consult the state At the time of a decision to approve sound but not sufficiently supported by statutes and ordinances to determine or deny, the City Council may have the record. The City's ordinances may the criteria applicable to the type of land before it draft findings that were pre - allow the City to charge all or part of the use decision before it. (For example, pared by one of the following: the staff, cost of independent studies to the devel- Minn. Stat. § 462.357 sets out require- a council member or the applicant. If oper. If the City's ordinances do not pro- ments applicable to variances, and the that is the case and if the draft is ade- vide for this, the City should consider ordinances of many cities set out addi- quate, a final vote may be taken._ amending its ordinances. tional criteria for variances.) The find- Otherwise, the council members should ings of fact and conclusions adopted by indicate conceptually how they intend to Allow Sufficient Time to Respond. d th eneral reasons for the The applicant must be given suffi- cient time to respond to concerns and objections raised by opponents. The applicant is not expected to anticipate and to meet at the outset objections that will be raised during the public hearing process. If the applicant. asks for more time to present its case, or for a continu- ance to prepare additional information, the safest course is to grant the request. Carefully Prepare Findings of Fact. Many city ordinances specifically require that "findings of fact and conclu- sions" be prepared. As the Earthburners case illustrates, the findings will be the starting point for any subsequent review of the City's decision by a court. Inadequate findings may be the basis for reversal of the City's decision by a court. On the other hand, findings that are sufficiently detailed and properly based on evidence that was in the record before the City will go a long way to assure that a court does not disturb the City's decision, and may convince the party that did not prevail that any court challenge would be a waste of time. the City should, at a minimum, address vote an e g each of the criteria applicable to the pro- decision, and they should direct their posal. staff to bring back a resolution for the next meeting. The city attorney should Explain Your Decision. 1 b f it is The City Council must give adequate reasons for its decision. Those reasons need not be formal but should show that the City Council has grappled with the evidence in the record. The reasons must go beyond merely listing the sources of information in the record. Thus, for example, the City Council should avoid giving as a reason some- thing like, "testimony about noise and traffic." The City Council should instead .include as a reason something like: "Evidence in the record showed that the proposal will increase traffic to unac- ceptable levels in the vicinity of the pro- ject." Of course, all the reasons given by the City Council must be based on evi- dence in the record. The City Council's reasons should also include citations to the applicable provisions of the statutes and ordinances. review any such reso ution a ore distributed. The staff should provide a copy to the applicant prior to the meet- ing at which final action is taken. Don't Listen Only to the Neighbors. The City Council should not base its decision on the fact that there is neigh- borhood opposition or support for an application. Of course, the reasons for neighborhood sentiment can and should be taken into account by the City Council and may be the basis for its decision. It should be clear from the written reasons for the decision that the City Council did not simply respond to community pressure but that it really grappled with the facts, pro and con. ■ About the Author: Karen K Cole is an attorney in the Minneapolis office of Popham, HaileSchnobrich & Kaufman, Ltd. She practices in public sec- tor representation, with a focus on land use litigation. ©1995 Popham, Haik, Schnobrich & Kaufman, Ltd. All rights reserved. z: acs Minnesota Open Meeting Law Worksheet (page 1) The Minnesota Open Meeting Law ("MOML") establishes a presumption that "meetings" of public bodies in Minnesota are open to the public, unless a specific exception is provided. Generally, a "meeting" includes any gathering of public officials who together have the capacity to conduct public business (i.e., a quorum), but groups smaller than a quorum may constitute a "meeting" under some circumstances. If a specific exception in the MOML or other law requires or permits a closed meeting, before closing the meeting a public body must: (1) state on the record the specific grounds permitting the meeting to be closed, and (2) describe the subject to be discussed. This worksheet may be a useful tool to help navigate the MOML's requirements and exceptions. If a public body completes this worksheet contemporaneously with its actions regarding a closed meeting, the worksheet may serve to document compliance by a public body with the MOML. NOTE: A public body should never close a meeting without consulting its attorney. Will the meeting to be closed involve only consideration of strategy for labor negotiations conducted pursuant to Minn. Stat § 179A.01-.25, including: (a) negotiation strategies or developments, or (b) discussion and review of labor negotiation proposals? YES NO Meeting subject: If no, continue to question 2. If yes, the meeting MAY BE CLOSED (see Minn. Stat. § 471.705, subd. I a), but only under the following circumstances: The public body must vote to close the meeting by majority vote. VOTE RESULTS: The time and place of the closed meeting must be announced at the public meeting. Time: Place: A written roll of all persons present at the closed meeting must be made available to the public after the closed meeting. The closed meeting must be tape-recorded. The recording must be preserved for two years after the contract is signed and must be made available to the public after all labor contracts are signed. 2. Will the following types of data be discussed at the meeting to be closed: Data that would identify alleged victims or reporters of criminal sexual conduct? Data that would identify alleged victims or reporters of domestic abuse? Data that would identify alleged victims or reporters of maltreatment of minors or vulnerable adults? "Active investigative data," as defined in Minn. Stat. § 13.82, subd. 5? Internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision? "Not public data" of the following types: Educational data? Health data? Medical data? Welfare data? Mental health data? If not, continue to question 3. If so, the meeting MUST BE CLOSED (see Minn. Stat. § 471.705, subd. I d(b)). continued on back side © 1995 Popham, Haik, Schnobrich & Kaufman, Ltd. All rights reserved. '"T- - ac-- Minnesota Open Meeting Law Worksheet (page 2) 3. Will the meeting involve only preliminary consideration of allegations or charges against an individual who is subject to the public body's authority? YES NO Individual's name: If no, continue to question 4. If yes, the meeting MUST BE CLOSED, unless the subject individual requests that the meeting be open (see Minn. Stat. § 471.705, subd. I d(c)). If the meeting is closed and the public body concludes that discipline of any nature may be warranted as a result of the specific allegations or charges considered, further meetings or hearings relating to those specific allegations or charges, held after that conclusion is reached, MUST BE' OPEN (see Minn. Stat § 471.705, subd. I d(c)). 4. Will the meeting involve only an evaluation of the performance of an individual who is subject to the public body's authority? YES NO Individual's If no, continue to question 5. If yes, the meeting MAY BE CLOSED, unless the subject individual requests that the meeting be open (see Minn. Stat. § 471.705, subd. I d(d)). If the public body decides to close the meeting, it must take the following procedural steps: a. Before closing the meeting, the public body must identify the individual to be evaluated. b. At the next open meeting, the public body must summarize its conclusions regarding the evaluation. Date of next meeting: S. Is a closed meeting expressly required by law (other than the MOML)? YES NO Legal authority: If no, continue to question 6. If yes, the meeting MUST BE CLOSED (see Minn. Stat § 471.705, subd. I d(b)). 6. Is a closed meeting expressly authorized by law (other than the MOML)? YES NO Legal authority: If no, continue to question 7. If yes, the meeting MAY BE CLOSED (see Minn. Stat § 471.705, subd. I d(e)). 7. Is a closed meeting permitted by the attorney-client privilege? YES NO Meeting subject: If yes, the meeting MAY BE CLOSED (see Minn. Stat. § 471.705, subd. I d(e)). If no, and the answer to each of the previous questions also was no, the meeting MUST BE OPEN because the MOML neither requires or permits the public body to close the meeting. This document is based upon the provisions of the Minnesota Open Meeting Law, Minn. Stat. § 471.705, as amended through January I, 1995. It is a tool designed to provide an overview for public officials of the Open Meeting Law and is not intended, nor should it be used, as a substitute for legal advice from a licensed attorney. About the Author: Christopher A. Lidstad is an attorney in the Minneapolis office of Popham, Haik, Schnobrich & Kaufman, Ltd. He practices in the areas of public law and litigation, focusing on issues relating to data privacy and open meetings. ©1995 Popham, Haik Schnobrich & Kaufman, Ltd. All rights reserved. M - ac__ The Earthburners Case: Some Lessons on Land -Use Decisions Karen decisiof the Minnesota Supreme on reasons given by the county board, and Where the city has properly pre - ACourt reinforces some familiar the procedures followed by the county. served the record before it (ideally by lessons for Minnesota cities faced with 77ir /?(,(,sons Given Mitsl Be Adegrme. The preparing a verbatim transcript or a land use applications. Earthburners v. Earthburners Court made clear that the reliable video or tape-recording of its County of Carlton, 513 N.W.2d 460 reason given by the county board — proceedings), the city may be able to (Minn. 1994) involved the decision of a "public testimony presented in opposi- argue that the court should review only county board, but the case applies equal- tion' — did not pass muster. The public the evidence in that record, and that the ly to cities and townships that make land body may not merely list its sources of court should not take additional evi- use decisions. The Earthburners case is information in a conclusory way; the dence that was not presented first to the noteworthy not because it announces reasons should explain how the infor- city.' Thus the disappointed applicant -or new legal principles but because it illus- mation was used or evaluated in reach- neighbors who did not prevail may not trates some common mistakes public ing the decision. The reason should be allowed to introduce additional evi- bodies should avoid in order to reach show that the City Council has grappled dence in an attempt to persuade the fair decisions and stay out of court. with the evidence in the record. In addi- court or a jury that the city's decision The Earthburners Case. At issue in the tion, the court said it is not enough that was wrong. By the same token, the city Earthburners case was an application for reasons not articulated by the public . may not be able to rely on information a conditional use permit for a "soil roast- body justify its decision and are support- that was not included in the record in an er," a facility designed to remove pollu- ed by the evidence. The public body attempt to buttress its decision. The tants from contaminated soils. must expressly state its reasons, and city's focus must be on the creation of a Earthburners' application was hotly con- those must show it grappled with the proper record in the first place to assure tested before both the planning commis- evidence. that a decision is reached that will sur- sion and the county board. A number of While a public body must set out rea- vive judicial review. residents voiced concerns about possible sons for its decision, it need not make The Procedures Followed Mitst Be Fair. The environmental effects from the facility, formal findings of fact (such as a court Court was also troubled by the proce- including possible air pollution and would make). In previous decisions, the dures followed by the county board in increased traffic. The planning commis- Supreme Court has recognized that the Earthburners case. The Court sion unanimously recommended denial councils of elected officials are not in a seemed to believe that the county board of Earthburners' application. position to make the kind of detailed had rushed to a decision. The Court About a week after the planning com- findings that would be expected from a suggested that it was improper for the mission vote, the county board consid- judge. Thus, while the reasons given board to deny the application without ered Earthburners' application. At that may not simply refer to the sources of giving Earthburners an opportunity to meeting, the board's chairman acknowl- information relied on by the council, develop and present additional evi- edged that the application was complex they need not be formal. Of course, dence. The Supreme Court was clearly and that more time was needed to study more detailed findings (if supported by concerned that relatively little time had it. Earthburners asked for the opportu- the record) are more likely to survive been allocated by the county board for nity to develop and present additional judicial scrutiny. consideration of Earthburners' applica- information that would respond to the One reason sometimes given by city tion, and by the indications that there residents' concerns. Instead, however, councils — neighborhood opposition to were "unanswered questions." the county board unanimously voted to a proposal — is not itself a legitimate A conservative reading of the deny the application. The only reason basis for a land use decision. Earthburners decision would require given by the county board was "public Neighborhood opposition is however, the city council to allow applicants (and testimony presented in opposition." often based on legitimate concerns perhaps also opponents of the applica- Earthburners subsequently brought suit. which may justify the denial of a propos- tion) just as much time as they want to In the end, the Minnesota Supreme al. Thus, while the fact of neighborhood develop and present evidence support - Court remanded the case and ordered it opposition is not a basis for a land use ing their positions. Of course, affording returned to the county board for further denial, the underlying reasons for that unlimited time for the presentation of consideration. The Supreme Court's opposition may be, if sufficiently weighty evidence and debate, whether or not decision reflects its dissatisfaction with and supported by evidence in the required, minimizes the chance that a two aspects of the county's decision: the record. court will disturb the city's decision. contoured on Page 4 page 3 continued from page 3 Earthburners Case It is often, however, not practical for a city council, faced with other city business, to afford unlimited time for any given proposal, and the law — at least until Earthburners — does not require the city to do so. It is clear from the Earthburners case, though, that the city should afford the applicant at least enough time to respond to concerns that are raised by opponents. The losing side should not walk away from the hearings feeling there was an additional argument it was not allowed to make or additional evidence it was not permitted to submit. In considering whether to grant additional sessions or provide additional time, the city council should consider the cost of defending a lawsuit. Even a frivolous lawsuit that can be dismissed without the need for a trial may cost the city thousands of dollars to defend. Carefully following adequate procedures will increase the likeli- hood that a landowner will choose not to bring suit and will increase the likelihood that a suit, if brought, can be dismissed by the court at an early stage without the need for a time-consuming and expensive trial. It should be noted that the Earthburners Court's concerns about the procedures followed by the county board in that case are likely linked to the Court's criticisms of the reasons given by the county for its decision. The Court suggests that the county board decided to simply deny the application in the face of community pressure in order to avoid making a politically difficult decision. The Court may well have been less critical of the time allocated by the board and the procedures it followed had the county board given substantive reasons for its decision that showed the board had really grappled with the evidence before it. The Earthburners decision ends with the reminder that land use decisions are to be "deliberative, fair and well-documented." A decision that meets these standards is not only more likely to be a better decision, it is also more likely to survive judicial scrutiny. A city council decision that keeps these. principles itt mind may not be immune from judicial attack but should be able to withstand judicial review with the least expense and with the greatest possibility of success. ■ See the insert for tips on conducting public hearings on land use applications. ' In order to limit the Court's review to review "on the record" — that is, to evidence considered by the city in making its decision in the first place — the city must not only provide a complete record of its pro- ceedings, but it must also show that its proceedings were "full and fair." Swanson v. City of Bloomington, 421 N.W.2d 307,311-14 (Minn. 1988).The Swanson decision suggests that standard is met where the property owner has been given sufficient opportunity to present relevant material to the, city and given the opportu- nity to answer questions and react to the testimony of other participants. td.. at 313. =:- ;Z (Z.-, continued from page 2 MOML an intent not to violate the statute, the official may have a good defense. If the record demonstrates good faith and an absence of specific intent to violate the statute, overcoming the presumption of openness will be less difficult. • Violating the Open Meeting Law may result in extensive personal costs, in addition to whatever cost the public body itself might incur. The maximum civil penalty has tripled, and while a public body may vote to pay a member's defense costs, the decision to do so is discretionary. Plus, the statute permits a court to charge a violator for up to $13,000 in legal bills for the other side. • A reminder: Public bodies must tape-record meetings closed to consider strategy for labor negotiations. The tape-recording requirement does not apply to meetings that are closed for other purposes, but the Claude decision reaffirmed that tape-recording labor negotiation strategy sessions is manda- tory. Perhaps the most significant feature of the 1994 developments is simply that the three branches of state government demonstrated that they are of one mind on the open meetings issue, to the effect that public officials who challenge the Open Meeting Law do so at their own peril. 0 ' 5.18 N.W.2d 836 (Minn. 1994) Minnesota Open Meeting Law: 1994 Amendment Highlights The maximum civil penalty for intention- ally violating the Open Meeting Law is now $300 per violation – a threefold increase of the former $100 maximum fine. The Open Meeting Law requires removal of a public official from office only if courts in A court now has express authority to • A public body now has express authority award "costs, disbursements and reasonable to pay "any costs, disbursements, or attorney attorney fees of up to $13,000" to any party in an Open Meeting Law suit. – Defendants are eligible for costs and fees only if court finds that the action was "frivo- at least three separate actions find that the lous and without merit" official intentionally violated the Open Meeting Law. Previously, the statute could be read to permit removal for three related vio- lations. – No monetary penalties or attorneys fees may be awarded against a public official unless the court finds that there was "specific intent" to violate the statute. fees incurred by or awarded against any of its members" in an Open Meeting Law suit. In other words, public bodies have discretion to reimburse members' defense costs, win or lose. Public bodies may not, however, pay the $300 civil fines that may be leveled at mem- bers for intentional violations. ■ ©1995 Popham, HaileSchnobrich & Kaufman, Ltd. All rights reserved. page 4 MINUTES OF SNOWMOBILE TASK FORCE MEETING APRIL 20, 1995 7:00 P.M. Attendance: Robert Morris Bruce Johnson Randy Hoglund Mark Peterson Saundra Spigner John Ward The meeting was called to order at 7:08 p.m. 10=079ne sure 9 =I- MUM, MFEWIM138004mrs M-0512 The Task Force held discussion regarding the proposed petition which was received from what appears to be the Med-O-Lake acres first addition consisting of residents on 32nd Avenue North, east of East Medicine Lake Boulevard to Union Terrace Lane. One concern of the Task force is that the wording of the petition is such that it would have included all of 32nd Avenue which would have included in excess of 65 homes rather than the 26 homes that will be directly affected by the use of snowmobiles inthis situation. A second issue with this particular petition was that the petitioners were requesting access to Medicine lake. It was deemed that the property adjacent to 32nd Avenue North and East Medicine Lake Boulevard is park property however it is now closed off by fencing which appears to be quite old. It is unclear to the Task Force as to which piece of property between East Medicine Lake Boulevard and the lake would be used for the potential access. Ward had shared with the Task Force the results of his phone conversation with the author of the petition, Chris Cayhill, who resides at 10615 32nd Avenue North. Ward explained to Mr. Cayhill that, as the petition was worded, he would be extremely short of the required 70% of residents. Mr. Cayhill informed Ward that their intentions were not to open 32nd Avenue North all the way to Pilgrim Lane. However, from Saratoga Lane to the east would have been acceptable. In reviewing the petition, no address appears to be east of Union Terrace Lane and therefore the Task Force focused on the section of 32nd Avenue North from Union Terrace Lane to Medicine Lake. A motion was made to open 32nd Avenue North from Union Terrace Lane,. west to Medicine Lake Boulevard with the most direct access to Medicine Lake. A vote of Task Force members was taken and it was unanimously supported. Saundra Spigner brought to the attention of the Task Force her concern that no other access along the 3C.. - east C.. - east side of Medicine Lake had been made available to the public. Mark Peterson shared with the Task Force that there is a public access, during the winter months, via contract between the City and Hardy's Boat Rental. The contract allows for vehicle access from East Medicine Lake Boulevard onto Medicine Lake through the launch area of Hardy's Boat Rental. It was determined that this lake access information will be provided to the public through the same process as the snowmobile information. Robert Morris indicated his interest at requesting a change in the snowmobile ordinance addressing the petition deadline. The request is to change the deadline from April 1 to August 31st. Mr. Morris indicated that the Task Force had no input as to the deadline that was adopted by the City Council. Reasons for the requested extension were that this was the first year of the program and that the time span provided for petitions was too short for the size of the task. An additional reason for the requested extension was that the winter environment was not conducive to the petition process. A short discussion took place regarding problems with an extended deadline such as the posting of the residential areas for snowmobiling in that it would be a timely process if authorization for some areas were not obtained until October. Randy Hoglund did indicate that snowmobile clubs currently had the signage and capability of making such postings and possibly would be able to assist in this task. Robert Morris made a motion that the April 1, 1995 deadline for petitions be extended to August 31, 1995. This motion was seconded by Randy Hoglund. A vote was taken of the Task Force members of which five (5) voted Yes and one (1) voted No. MOTION CARRIED. The meeting was adjourned at 8:10 p.m. Minutes by John Ward =- 3)c� Plymouth Human Rights Commission May 4, 1995 Minutes Present: Bill Dix, Rebecca Ribich, Earl Peterson, Harvey Guttmann, Laurie Levi, Saundra Spigner, Claudelle Carruthers, Assistant City Manager Lueckert Excused: Jackie Fraedrich, Ginny Clark Absent: Lisa Memberr Call to Order: Rebecca Ribich called the meeting to order at 7:35 PM Approval of Minutes: The April minutes were approved as presented. Additions to Agenda: . Saundra Spigner asked to add an item under New Business on SHARC. Claudelle Carruthers asked to speak on the community meeting on substance abuse under Old Business. Saundra Spigner asked that New Business be discussed first, as she needs to leave early. The changes to the agenda were approved. New Business Sponsorship of Play. Kathy Lueckert reported that it is still possible for the Human Rights Commission to sponsor the June 3 play "Block Gun Play" at Armstrong High School. The event will provide an opportunity for the HRC to distribute brochures. Ms. Lueckert said it would be appropriate to make a small contribution. Bill Dix made a motion, seconded by Saundra Spigner, to contribute $50 to the "Block Gun Play" production at Armstrong High on June 3. The motion passed. Ms. Lueckert will get more detailed information out to the Commission during the week of May 8. SHARC. Saundra Spigner reported that Fred Tenfingers, the chairperson of SHARC, is interested in coming to the June meeting and that SHARC is interested in participating in an event with the Commission. The Commission agreed to invite Mr. Tenfingers to the June meeting; Rebecca Ribich will contact him. Old Business Community Substance Abuse Meeting. Claudelle Carruthers reported that she received notice of the meeting at a very late date, and could not attend. She was very disappointed, but noted that the group will meet again in October. Saundra Spigner expressed disappointment that the Human Rights Commission had not been invited to the community meetings on Downtown Plymouth. She asked that Ms. Lueckert send copies of the Human Rights Mission Statement to all of the city's 0._.: various boards, committees, and commissions, so that these groups would be aware of the HRC and invite them to events as appropriate. Revisions to ByLaws. Kathy Lueckert presented the ByLaws revisions, which included the grievance mediation process. Rebecca Ribich raised a question on time frames for response. Considerable discussion followed, and focused on the distinction between an appropriate response time for mediations versus an emergency intervention. Harvey Guttman stated that he felt the current time frame in the ByLaws (seven months) was appropriate. Saundra Spigner moved, seconded by Bill Dix, that the time frame be changed to 120 days. The motion failed. Saundra Spigner moved, seconded by Laurie Levi, that the ByLaws be approved as revised. The motion carried. Ms. Lueckert will place the ByLaws on City Council agenda in June. Crisis Intervention. Earl Peterson reported on an incident in April in which he was contacted as a member of the Human Rights Commission. This incident was referred to the Police, who were already involved. Mr. Peterson reiterated that any time someone contacts the HRC, it is a crisis to that person, and the HRC should be involved in helping that person to resolve the issue or to refer it to the appropriate person or agency. Saundra Spigner mentioned Eden Prairie's manual for crisis intervention, and felt that Plymouth should have something similar. Rebecca Ribich indicated that she felt that a detailed process would be helpful. Bill Dix stated that whatever policy is developed, it needs to be flexible to meet a variety of situations. Earl Peterson and Kathy Lueckert will work on an intervention "flow chart" to present at the next meeting. Human Rights Commission Brochure. Kathy Lueckert presented the next draft of the Human Rights Commission brochure. The Commission approved the brochure as presented. Claudelle Carruthers suggested that a white or light colored paper with black ink is most readable for persons with certain types of disabilities. Bill Dix offered the printing services of District 279 schools. Kathy Lueckert will provide him with camera ready art. Special Events Planning. Kathy Lueckert spoke about the information she had received for the Fall Arts Fair. The Commission can have a booth inside the Parker's Lake Pavilion, and will not be charged. The Commission had further discussion about the booth, and felt that some kind of children's activity focused on diversity might generate the most interest. The HRC will distribute brochures at the City's tent at Music in Plymouth on :July 6. Rebecca Ribich asked that Kathy Lueckert provide cost breakdowns for the various items the HRC could distribute at the next meeting. There being no further business, the meeting adjourned at 9:15 PM. =3c Plymouth Charter Commission May 9, 1995, 7 PM Public Meeting and Charter Commission Meeting Present: Virgil Schneider, Tim Peterson, Ellie Singer, Jon Speck, John Duntley, Dave Pauba, Bill Pribble, Dave Crain, Kapila Bobra, Joy Tierney, Bob Sipkins, Assistant Manager Kathy Lueckert Excused: Sandy Patterson, Ty Bujold, Pauline Milner Absent: Todd Wirth Public Meeting Chairman Schneider opened the public meeting at 7:10 PM. The purpose of the meeting is to receive public comment on the proposed charter amendments. No one was present to speak. Chairman Schneider closed the public meeting at 7:11 PM. Charter Commission Meeting Chairman Schneider called the Charter Commission to order at 7:15 PM. The minutes from the April meeting were approved, with the correction that John Duntley's absence was excused. Ellie Singer moved, seconded by Dave Crain, that the proposed amendments, using the City Attorney's language, be placed before the voters for approval in November. Discussion followed about the appropriate length of time for the Council to appoint an individual to fill a council vacancy. The Commission reviewed the time required for the appointment of Sheryl Morrison and Tim Wold, and concluded that 60 days is an adequate time allowance for an appointment. Bill Pribble called the question. The motion was approved unanimously, and the proposed amendments will be on the ballot in November. The proposed charter amendments will be publicized through the Sun Sailor, Channel 37, and the Plymouth News. :1---3c, Chairman Schneider indicated that the Commission will not meet again until the annual meeting in December, unless the chairman deems a meeting necessary. Chairman Schneider thanked the Charter Commission for its hard work, and stated that the City Council also expressed its thanks for the work of the Commission. The meeting adjourned at 7:30 PM. 3�,- CITY OF PLYMOUTH PLANNING COMIVIISSION MINUTES APRIL 26, 1995 A regular meeting of the Plymouth Planning Commission was called to order at 7:00 p.m. by Chairman Mike Stulberg. MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Saundra Spigner, Linda Oja, Virginia Black, Allen Ribbe, Christian Preus and Barb Stimson MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Senior Planner John Keho, Planner Shawn Drill, City Engineer Dan Faulkner and Planning Secretary Denise Hutt MOTION by Commissioner Stimson, seconded by Commissioner Black to approve the April 12, 1995 minutes. Vote. 6 Ayes. (Chairman Stulberg abstained.) CONSENT AGENDA JOHN AND SHARON RYAN (95019) MOTION by Commissioner Black, seconded by Commissioner Preus to recommend approval of the request by John and Sharon Ryan for a Lot Division/Consolidation for property located at 14690 -11th Avenue North. Vote. 7 Ayes. MOTION carried unanimously. SUBURBAN HENNEPIN REGIONAL PARK DISTRICT (95026) MOTION by Commissioner Black, seconded by Commissioner Preus to recommend approval of the request by Suburban Hennepin Regional Park District for a Site Plan Amendment to permit an outdoor storage area west of the existing Park Maintenance Facility located at French Regional Park, 12615 County Road 9. Vote. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes April 26, 1995 Page #70 CITY OF PLYMOUTH (95040) Chairman Stulberg introduced the request by the City of Plymouth for Amendments to the 1994-1998 Capital Improvement Program. Assistant City Manager Lueckert gave an overview of the April 13, 1995 staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Stimson, seconded by Commissioner Spigner to recommend approval of the request by the City of Plymouth for Amendments to the 1994-1998 Capital Improvements Program. Roll Call Vote. 7 Ayes. MOTION carried unanimously. MOEN LEUER CONSTRUCTION, INC. (95005) Chairman Stulberg introduced the request by Moen, Leuer Construction, Inc. for a Preliminary Plan/Plat for property located at the northwest corner of County Road 24 and Highway 55. Senior Planner Keho gave an overview of the April 20, 1995 staff report. Senior Planner Keho presented a revised resolution noting two new conditions were added pertaining to the MPUD Final Plan/Plat approval and that no loading docks shall be permitted within 300 feet of residentially zoned property. Senior Planner Keho stated that the proposal is exempt from the new Wetland Ordinance. He added that the PUD was already approved and created for this site in 1991. Commissioner Oja asked to look at the map Senior Planner Keho presented indicating areas in Plymouth with heavy truck traffic occurring in a residential area. Commissioner Preus wanted to know if an ingress/egress is an option off of Highway 55. Senior Planner Keho replied that an ingress/egress is not possible off Highway 55. Commissioner Preus asked if County Road 24 is a possibility for an ingress/egress. Senior Planner Keho responded the applicant has only received approval for an ingress on County Road 24. Planning Commission Minutes April 26, 1995 Page #71 Commissioner Spigner asked if staff has exhausted all other means for entrances to the property. Senior Planner Keho replied that staff had reviewed a letter from MnDOT stating that it is too dangerous to add another intersection. Senior Planner Keho stated that when the PUD was approved by the Planning Commission and City Council, the access was deemed appropriate. Chairman Stulberg questioned what happened to the cloverleaf that was proposed for this area. City Engineer Faulkner replied that the City Council decided not to purchase the property required for the construction of an interchange at the time the Seven Ponds PUD was proposed. Director Hurlburt stated that an interchange is indicated on the long-range transportation plan; and the City would have to go back and purchase the right-of-way if it were ever to be constructed. Commissioner Oja asked how far would you have to go west on Medina Road from County Road 24 before you could put in a street. City Engineer Faulkner responded that the closest point allowed for a street is where Holly Lane is now. Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen stated that he met with the neighbors to hopefully alleviate some of their concerns with the project. Mr. Moen stated that children waiting at the bus stop can stand back 75 to 100 feet, the bus would stop and extend the arm and then children would approach the bus. Mr. Moen stated that most of the neighbors knew that this area was zoned industrial Mr. Moen stated that it is too tight to have a full intersection on County Road 24 and that Medina Road was designed to handle heavy traffic. Mr. Moen added that the proposed use for the site has a relatively low traffic generation rate compared to residential, shopping, or office use. Commissioner Preus asked if Mr. Moen had applied to the County for an egress/ingress on County Road 24. Mr. Moen replied that he requested an egress/ingress on County Road 24 both verbally and in writing, but were denied the egress because of stacking. Mr. Moen stated that he would be required to pay the cost of the ingress on County Road 24. -; 73 C' Planning Commission Minutes April 26, 1995 Page #72 Commissioner Preus asked if there was not a safety problem on County Road 24, would it be a better access to the site than Holly Lane. Mr. Moen responded that the County has stated that it is not an option for an egress on County Road 24 and they were fortunate to get approval for an ingress. Commissioner Preus stated he was concerned with the safety of the children at the bus stop and asked if the majority of the morning traffic would enter the industrial site on County Road 24. Mr. Moen replied that a majority of the traffic should be entering on County Road 24, but that there would be a stop sign on Holly Lane as you exit the industrial site. Commissioner Preus asked if there would be much traffic leaving the site in the morning. Mr. Moen stated that most people go to work and stay until noon for lunch or the end of the day. Commissioner Preus asked when the majority of the truck traffic would take place. Mr. Moen replied that most tenants would probably use vans or trucks and traffic would be coming and going at various times. Commissioner Spigner asked what the speed limit was on Medina Road. City Engineer Faulkner replied that the speed limit is 40 mph. Commissioner Oja asked why there is no longer a need for a Variance. Mr. Moen responded that they eliminated one dock door on building #2 so it is not within 300 feet of the residential area. Commissioner Oja asked if there would be any overnight parking of trucks waiting to unload. Mr. Moen replied he did not know for sure, it would depend upon the tenant. Commissioner Oja asked if the intersection at Medina Road and Holly Lane would be a controlled intersection. City Engineer Faulkner replied that it would first be a four-way stop and at full development it would then be a signaled intersection. Commissioner Oja asked who supervises the bus stop. 5:3r1A_ Planning Commission Minutes April 26, 1995 Page #73 Mr. Moen responded that the rules are set by the bus company (school district) and the bus stop would be monitored by the parents. Chairman Stulberg continued the public hearing from the April 12 Planning Commission meeting. Chairman Stulberg read the letters submitted from Jeff and Laura Baenen of 17515 -32nd Avenue, Mike and Jennifer Moroz of 3485 Holly Lane, Laurie Jones of 3430 Jewel Lane, Bill and Barb Zettel, Bill Jarvey of 3390 Olive Lane North, Dan and Dee McCarthy of 3455 Holly Lane, Michael and Barbara Sorensen of 3375 Olive Lane North, Johnathan Slavens of 3410 Holly Lane North and Thomas and Susan Rugh of 3440 Jewel Lane North, all opposed to the project. Chairman Stulberg also introduced letters from Terry Forbord of Lundgren Bros. Construction, Inc. and two letters from MnDOT. Chairman Stulberg introduced Ralph Ziesmer of 17510 -32nd Avenue North. Mr. Ziesmer stated he was concerned with types of hazardous materials that could be hauled into the site and the possible fuel leakage from the trucks. He stated that the trucks could scare away the wildlife if the area and that residents have not been told how many trips per day will be generated from this site. Chairman Stulberg introduced David Waterhouse of 3425 Jewel Lane. Mr. Waterhouse stated that this project is not compatible with a residential area. Chairman Stulberg introduced John Slavens of 3410 Holly Lane Mr. Slavens stated that he appreciated the developer meeting with the neighbors, but he was still concerned with have only one egress for this site and that it feeds into a residential neighborhood. Mr. Slavens stated that the neighbors should be able to have more input and every possible alternative should be checked by staff. Mr. Slavens stated he talked with Jeff Bednar of Strgar-Roscoe-Fausch and he indicated that he only looked at the school bus stop and the traffic count, but would be willing to look at a possible one-way on Medina Road and other alternatives. Chairman Stulberg introduced Brian McMorris 3255 Garland Lane North. Mr. McMorris stated he was concerned about the development to the east of this proposal. He stated he was also concerned with the ingress/egress and maybe there is a possibility to extend the barrier and restrict Medina Road to one-way traffic. Chairman Stulberg introduced Dan McCarthy of 3455 Holly Lane North. S3Jk Planning Commission Minutes April 26, 1995 Page #74 Mr. McCarthy stated that there are public safety and health issues beyond the bus safety issue that need to be addressed by the Planning Commission and City Council. He stated that children need to have safe access to other neighborhoods and parks. Mr. McCarthy stated he was concerned with compatibility of this development and the approved PUD. He added that the covenant for the PUD states that lands may not be used for significant truck and trailer traffic. Chairman Stulberg introduced Harry Lindberg of 3435 Holly Lane North. Mr. Lindberg stated he was told by Dave Zetterstrom of Hennepin County that staff could pursue a political warrant to obtain an ingress/egress on County Road 24. or access from Highway 55. Mr. Lindberg stated that this proposal is not compatible with a residential area. Chairman Stulberg introduced Laurie Jones of 3430 Jewel Lane North. Ms. Jones stated that she was not opposed to the area being zoned for industrial development, but that this proposal does not meet the criteria of the MPUD compatibility with the stated purposes. Ms. Jones stated that there is nothing to keep the developer from using all of the loading docks. Ms. Jones stated that an EAW should have been required as the square footage of 292,000 is borderline to the mandatory threshold of 300,000 square feet, and staff should insist on one. Ms. Jones stated there is a lack of a safe ingress/egress for this site and the developer should be required to conform to the protective covenants of MPUD 95-01. Ms. Jones added that if this proposal is approved, it would contradict the City's Mission Statement. Ms. Jones asked for clarification of the Engineer's Memo non-compliance items particularly the grading of ponds. Chairman Stulberg introduced John Helgen of 3420 Holly Lane North. Mr. Helgen stated the possibility of an egress on County Road 24 needs to be pursued and all alternatives need to be explored. Chairman Stulberg introduced Hans Hagen of 941 NE Hillwind Road, Minneapolis. Mr. Hagen stated he was the developer of Seven Ponds and purchased the property in the late 1980s before it was included in the MUSA line. Mr. Hagen stated all potential homeowners were informed verbally that the property was zoned industrial. He added that for any of his future developments, the information would be disclosed in writing. =-.3r,\- Planning Commission Minutes April 26, 1995 Page #75 Mr. Hagen stated that he attempted to get the property rezoned from industrial to residential, but was denied by the Planning Commission and City Council, and subsequently he sold the property to Moen Leuer. Mr. Hagen stated that covenants are recorded on the property, but only for the residential portion, not the industrial portion. Chairman Stulberg introduced Steven Frangier of 3445 Holly Lane North. Mr. Frangier stated he was frustrated with different staff interpretations regarding the wetland mitigation and it needs to be clarified. Mr. Frangier stated his main concern is safety and sharing an entrance with an industrial complex. Mr. Frangier wanted to know where Holly Lane will be extended to. Chairman Stulberg introduced Tim Finley of 3425 Holly Lane North. Mr. Finley stated he was concerned that there will be traffic jams at County Road 24 and Medina Road that will back up to Holly Lane Chairman Stulberg introduced Mike Leuer of 2605 Fernbrook Lane North, the petitioner. Mr. Leuer stated Medina Road and County Road 24 are on the Transportation Plan and are designed to handle the traffic and safety issues. Chairman Stulberg introduced Tom Burr of 292 21st Street SE, St. Cloud. Mr. Burr stated he is the Director of Transportation for the Wayzata School District. Mr. Burr stated he talked with three representatives from the neighborhood and informed them the children can stand off Holly Lane until the bus approaches and puts out the stop arm, and then the children can approach. He stated this situation in not uncommon throughout the district, but it takes cooperation of the children and parents to make this work. Mr. Burr commented that it would be safer to have a different ingress/egress location other than Holly Lane, but it is the school district's responsibility to provide a safe bus stop and work with whatever is approved. Chairman Stulberg introduced Greg Katchmark of 3475 Holly Lane North. Mr. Katchmark stated he was concerned with safety of children riding bicycles along Medina Road. Mr. Katchmark stated that in his conversation with Mr. Zetterstrom of Hennepin County there were four intersections in Plymouth granted with "political warrants" and this needs to be pursued by staff. Mr. Katchmark commented that staff needs to consider different levels of industrial zoning before this project goes any further. Planning Commission Minutes April 26, 1995 Page #76 Chairman Stulberg introduced John Yenta of 2927 Ewing Avenue South. Mr. Yenta stated that he markets the property for Moen Leuer Construction and that this proposal would fit in aesthetically. He added that if this property was zoned residential it would have a greater traffic generation rate. Chairman Stulberg closed the public hearing. Senior Planner Keho explained the adevelopment review process and the City's Development Review Committee. He stated this proposal did not fall into the category of a use involving hazardous waste. Director Hurlburt added that at this point the tenants are not known, but when the tenant finish is done the building department looks at code requirements relating to materials storage. Senior Planner Keho stated this proposal is compatible with the original concept plan that was approved in 1991 and is separated from residential by four lanes of highway, berm and screening. City Engineer Faulkner stated the City would not support a one-way on Medina Road as it is a major collector street and the proposal meets the use intended. City Engineer Faulkner explained that Strgar-Roscoe-Fausch is a consultant hired by the City and was only asked to provide information requested by staff. Senior Planner Keho stated that the Development Review Committee addresses safety issues and the proposed trail on the south side of Medina Road would be built within 18 months after the bond referendum, if approved. Mr. Moen stated that if an ingress/egress was granted for County Road 24, and if it did not delay his project, that would be acceptable. City Engineer Faulkner stated that he was not familiar with the term "political warrant" and did not know how the process for one would begin. Director Hurlburt commented that there is no formal application for a "political warrant" and staff is adhering to what MnDOT and the State has stated regarding entrance to the proposed site. Chairman Stulberg stated a "political warrant" is not appropriate for the Planning Commission to get involved in. Planning Commission Minutes April 26, 1995 Page #77 �►" 3 c�_ City Engineer Faulkner explained that non-compliance items on indicated on the Engineer's Memo means the developer has not fulfilled that particular requirement yet, but would have to prior to proceeding with the project. He added that the applicant has not met the conditions of the State Wetland Conservation Act at this time. Director Hurlburt stated the State Wetland Conservation Act (WCA) is a separate permit process from the City's Wetland Ordinance, which requires buffer areas around wetlands. She added that this property is not required to comply with the City's Wetland Ordinance with respect to buffers, but does have to comply with the State Wetland Conservation Act. Chairman Stulberg reiterated that the covenant on the MPUD does not apply to the industrial area, only the residential area, and that the City does not have power to interfere with the private covenants. City Engineer Faulkner stated that some vehicles may take Jewel Lane in order to avoid congestion at Medina Road and County Road 24, but prior to that point the added traffic would warrant a stop light at County Road 24 and Medina Road. Mr. Moen stated that in industrial complexes that the crime rate and traffic is relatively low. He added that Medina Road and County Road 24 are designed to handle the traffic. Mr. Moen stated that all items on the Engineer's Memo have been addressed and he intends to comply. Mr. Moen stated that the only major wetland on the site is filled with garbage, rocks, glass, and shingles which will be mitigated. He added that there are seven wetlands proposed to be added to the site. Commissioner Black asked how more industrial classifications could be initiated. Director Hurlburt responded that the City has been planning to do an update to the Comprehensive Plan and the Transportation Plan and after that is completed the Zoning Ordinance will be looked at. She stated that the review of industrial classifications may not take place until 1996 or 1997, but the City Council could accelerate that. Commissioner Black asked when the Comprehensive Plan is looked at, will the issue of compatibility of industrial and residential areas be addressed. Director Hurlburt responded that the issue of compatibility will be addressed. Commissioner Ribbe questioned if outbound truck traffic could be forced to go west to County Road 101 and then back to Highway 55 where there is a controlled intersection. Planning Commission Minutes April 26, 1995 Page #78 36 Director Hurlburt responded that if all traffic is forced to go west on Medina Road, approximately one mile, there would be more traffic along a long stretch of residential area than traffic would access County Road 24 to get to Highway 55 Commissioner Stimson stated she would not support changing Medina Road to a one-way where the speed limit is higher than currently on County Road 24. Commissioner Preus asked if there is going to be a congestion problem during peak hours on County Road 24 and Medina Road. City Engineer Faulkner replied that under full development there will be enough traffic to warrant a traffic light, but not for at least a few years. Commissioner Black pointed out that the majority of the morning traffic will be coming from the east and can take a right on County Road 24 or turn on Medina Road and take a right on Holly Lane which means residents will be using the opposite sides of the streets at peak times. She added that it would be more of a problem in the evening with traffic coming out of development and crossing Holly Lane and interfering with residents coming home to turn left on Holly Lane. Commissioner Preus asked if traffic congestion would be less of a problem at County Road 24 and Holly Lane than Highway 55 and County Road 24. City Engineer Faulkner replied affirmatively. MOTION by Commissioner Stimson, seconded by Black to recommend approval of the request by Moen Leuer Construction, Inc. for an MPUD Preliminary Plan/Plat and Final Plan/Plat for property located at the northwest corner of County Road 24 and Medina Road, subject to the conditions listed in the April 20, 1995 staff report and revised resolution. Commissioner Spigner commented that she was still concerned with the safety of children and there should be other alternatives for this project to make it work. Commissioner Stimson stated that it is responsibility of the Planning Commission to follow the Comprehensive Plan as previously approved by the City Council. She stated that the developer has been conscientious of aesthetics, berming, screening, and meeting with the neighbors. She added that Medina Road was built with this land use in mind. Commissioner Oja asked who would pay for a controlled intersection at Medina Road and County Road 24. City Engineer Faulkner replied that the City would pay for Medina Road and Holly Lane, and the City and County would pay for County Road 24 and Medina Road. Planning Commission Minutes April 26, 1995 Page #79 Commissioner Oja asked if the developer would have to pay anything. City Engineer Faulkner responded that the developer has been assessed for all street improvements. Commissioner Oja stated her concern for trucks turning from Holly Lane on to Medina Road and the potential of all truck dock bays being used. Commissioner Ribbe stated he could not support something that is going to accept traffic congestion on a Plymouth City street, not meeting the best interest of the residents. Commissioner Preus stated that his concurs with Commissioner Stimson that the general guidelines were laid out previously and the petitioner has satisfied all requirements. Commissioner Black stated she would prefer not to have a residential neighborhood next to an industrial area and there should be more of a buffer between them, although the petitioner has met all of the requirements. She stated the Comprehensive Plan should be addressed in order to avoid this type of situation in the future. Chairman Stulberg stated he didn't vote in favor of a previous proposal for this site as it was multi -family housing as it would have added too much traffic to the area. Roll Call Vote. 4 Ayes. MOTION carried on a 4-3 Vote. (Commissioners Spigner, Oja, and Ribbe voted nay.) Chairman Stulberg called a recess at 9:53 p.m. and the meeting was reconvened at 10:10 p.m. INDEPENDENT SCHOOL DISTRICT 284 (WAYZATA) (94131) Chairman Stulberg introduced the request by Independent School District 284 (Wayzata) for Rezoning, PUD Preliminary Plan/Plat and Conditional Use Permit and Variance for the proposed high school complex on property located northwest of the intersection of Peony Lane and the Soo Line tracks. Planning Supervisor Senness gave an overview of the April 21, 1995 staff report. Commissioner Oja asked why the school district proposes more parking spaces then required by City standards. Planning Supervisor Senness replied that it was the school district's decision. Chairman Stulberg introduced Ken Grabow, representing the petitioner. Planning Commission Minutes April 26, 1995 Page #80 M- 3e Mr. Grabow, architect for the project stated he would be available for questions, if needed. Chairman Stulberg introduced Craig Paul, the petitioner. Mr. Paul stated there is a need for the 1,000 parking spaces when the school opens, as they are required to have a 4:1 parking ratio for the stadium. He stated that some of the grass area will be turned into parking spaces in the future. Commissioner Stimson commented that the request may not be enough parking spaces. Chairman Stulberg opened and closed the public hearing as no one was present on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Preus to recommend approval of the request by Independent School District 284 (Wayzata) for Rezoning, PUD Preliminary Plan/Plat and Conditional Use Permit and Variance for property located northwest of the intersection of Peony Lane and the Soo Line tracks, subject to all conditions listed in the April 21, 1995 staff report. Commissioner Black questioned condition #12b of the approving resolution. Director Hurlburt explained the condition means that any hazardous trees accessible to the public would have to be removed. She added if any of the trees in the open space to be acquired by the City are hazardous, they would be removed by the City Forester. MOTION by Commissioner Black, seconded by Commissioner Spigner to amend condition #12b to state "Removal of all hazardous trees on the construction site at the owner's expense". Commissioner Black stated that removing all hazardous trees from the property would take away habitat for the wildlife. Director Hurlburt stated that it is a standard condition and not the intent to remove all dead trees. Commissioner Oja commented that hazardous trees could include dutch elm disease and they should be removed. Director Hurlburt stated that changing the wording would have no real effect. Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION carried on a 5-2 Vote. (Commissioners Preus and Oja voted nay.) Roll Call Vote on Main Motion. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes April 26, 1995 Page #81 JANCO.INC. (94155) =- 3'Z:� Chairman Stulberg introduced the request by Janco, Inc. for Rezoning, PUD Concept Plan, Preliminary Plan/Plat for property located at the southeast corner of Old Rockford Road (County Road 9) and Peony Lane. Senior Planner Keho gave an overview of the April 14, 1995 staff report. Chairman Stulberg introduced Mike Gair, representing the petitioner. Mr. Gair gave an overview of the proposal stating Rottlund Homes will be building the 44 zero -lot line detached houses and the 92 attached multi -family units. He added a neighborhood retail center would be located at the southeast corner of Rockford Road and Peony Lane. Mr. Gair stated this proposal has diverse housing types and would take 18-24 months for Rottlund Homes to complete. Chairman Stulberg asked how long would it take before the project is turned over to Rottlund Homes. Mr. Gair stated Rottlund should be able to begin construction in late July. Commissioner Spigner asked who would be building the eight single family dwellings located in the northeastern portion of the site. Mr. Gair stated the current owner of the property lives in one home and will retain the other seven lots to be developed by individual homeowners. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Larry Babimcki of 17535 41st Avenue North. Mr. Babiracki stated he would like to have all single family dwellings built and that the current proposal would decrease his property value if approved. Mr. Babiracki asked for a definition of zero -lot line homes and if there were any in Plymouth. Mr. Babiracki wanted to know what the square footage and selling price of the units would be. Chairman Stulberg introduced John Cudo of 17520 41st Avenue North. Mr. Cudo stated he was concerned with potential assessments for water and sewer to be installed in his area. Mr. Cudo wondered why this would be reclassified to LA -3 if there is already 65 acres of LA -3 land that is vacant now elsewhere in the City. Planning Commission Minutes �' 3 April 26, 1995 Page #82 Mr. Cudo stated that his property value could change drastically if this was approved. Chairman Stulberg introduced Susan Jude of 17535 41st Avenue North. Ms. Jude stated this area should remain LA -1 and was concerned that they may lose access to Highway 55 from 41 st Avenue North. Chairman Stulberg introduced Kathy McGowan of 17530 Highway 55. Ms. McGowan stated this proposal should have bigger lots. Ms. McGowan was concerned with the added traffic on Peony Lane and Highway 55, as it already is busy. Chairman Stulberg introduced Jack Rice of 3914 IDS Center. Mr. Rice stated the developer should be more specific on the Concept Plan and asked what the access would be off of Peony Lane. Mr. Rice also asked what CR -1 would allow. Chairman Stulberg introduced Marie Hughes of 17515 41st Avenue Ms. Hughes stated she was concerned with zero -lot lines and cutting off access to Highway 55. Chairman Stulberg introduced Mel Mastley of 18035 Old Rockford Road. Mr. Mastely was concerned with the water table in the area and his daughter's driveway at 4435 Peony Lane. Chairman Stulberg closed the public hearing. Mr. Gair explained that with zero -lot lines the dwelling is set three foot" off the interior lot line, with the rest of the yard areas in common open space. He stated the zero -lot line homes will range from 1,360 square feet to 2,020 square feet and a price range of $110,00 to $130,000. The attached homes will range from 1,225 square feet to 1,258 square feet and a price range from the upper $80s to $110,000. Mr. Gair stated there are zero -lot line homes in the Suncourt Homes development on Niagara Lane and 18th Avenue. City Engineer Faulkner stated the developer would be required to extend water and sewer to the residential site, but others would not be required to hook up to sewer and water because of the development unless they petitioned the City for service. Director Hurlburt stated staff would check to make sure this is correct. 3� Planning Commission Minutes April 26, 1995 Page #83 Senior Planner Keho stated there may be other land available for this proposal, but staff concurs that this proposal is an appropriate use for this particular piece of property. He stated that at some point in the future the state would want to eliminate access along Highway 55 and that this proposal has a cul-de-sac that would not allow access out to Highway 55. He added that the City does not have control over access on Highway 55, the state controls it. City Engineer Faulkner stated this proposal for requiding should create less traffic than the current guiding. Senior Planner Keho acknowledged that the property owner notice did not mention specific rezoning. Director Hurlburt stated that staff will look at improving the information on the property owner notices to be more specific. Mr. Gair offered that the retail may consist of a small neighborhood retail service center. Senior Planner Keho stated permitted uses would be medical/dental clinic, offices, beauty shop, general retail, automobile center, garden center, and other uses that would require a Conditional Use Permit also. City Engineer Faulkner stated that the City Council has approved a preliminary report indicating that Peony Lane will be four lanes with turn lanes likely. City Engineer Faulkner stated that staff will look more closely at the water table in the area when the trunk sewer goes in later this summer along Peony Lane. He added that staff is aware of the access situation at 4435 Peony Lane and it will be addressed when Peony Lane is changed to four lanes. Mr. Gair stated that two smaller areas of wetlands will be protected and preserved, as the current law requires a replacement ratio of 2:1. Senior Planner Keho stated that there appears to be a need for additional CR -1 classification in this particular area. MOTION by Commissioner Black, seconded by Commissioner Spigner to recommend approval of the request by Janco Inc. for a PUD Concept Plan, Preliminary Plan/Plat, Land Use Guide Plan Amendment, Rezoning and Conditional Use Permit for property located in the southeast corner of Old Rockford Road and Peony Lane, subject to all conditions listed in the April 14, 1995 staff report. Commissioner Oja commented that it seems like there has been numerous requests for LA -3 and very little LA -1 proposals and wondered if the City is over -developing LA -3. S: 3 a, Planning Commission Minutes April 26, 1995 Page #84 Senior Planner Keho responded that there have been requests approved lately for a large number of single family homes as in Soo Line West and Soo Line East. He added that in the last few years there have not been many multi -family requests. Director Hurlburt stated there is a shift in the housing market and a demand for smaller lots and attached homes. She added that the majority of Plymouth is still single family detached homes on larger lots. Commissioner Spigner asked how the land in this development would be maintained. Mr. Gair replied that the single family dwellings in the northeast portion will be privately owned and maintained, and the remaining area will be maintained by a homeowner's association. Commissioner Stimson asked what could be built under the CL guiding. Senior Planner Keho replied that medical office clinics, financial institutions, offices and with Conditional Use Permits, restaurants, hospitals and hotels. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. (Chairman Stulberg voted nay.) LEN BUSCH ROSES (95037) Chairman Stulberg introduced the request by Len Busch Roses for a Site Plan Amendment for the addition of a new greenhouse located at 4045 Highway 101. Senior Planner Keho gave an overview of the April 17, 1995 staff report. Chairman introduced Len Busch, petitioner. Mr. Busch stated that he concurs with the staff report. MOTION by Commissioner Stimson, seconded by Commissioner Spigner to recommend approval of the request by Len Busch Roses for a Site Plan Amendment for the additional of a new greenhouse located at 4045 Highway 101, subject to the conditions listed in the April 17, 1995 staff report. Vote. 7 Ayes. MOTION carried unanimously. Planning Commission Minutes d April 26, 1995 Page #85 DEVELOPER DISCLOSURE OF POTENTIAL ADJACENT LAND USE. Commissioner Ribbe presented a report for Commissioners to review for a future meeting. He stated this issue was raised because of the earlier proposal by Moen Leuer Construction. He added that he would like to have developer's disclosures more formalized. Commissioner Ribbe stated that in his research, no other City he talked with has an ordinance pertaining to developer disclosure. He added that Maple Grove had a proposal, but it was not approved. Commissioner Spigner stated her concern would be information printed in the developer's disclosure and the City would be held to it. She stated that if the Comprehensive Plan changes, areas will have to be rezoned and the City could be restricting themselves. Commissioner Ribbe stated that people should be notified what exists now and that the developer should provide written illustrations to the buyer at the time of purchase. Planning Supervisor Senness stated that she contact the Planners Advisory Services in Chicago and they did not have any information on developers' disclosures. Commissioner Oja asked if this would be for new construction or all home sales. Commissioner Ribbe answered that he did not know at this point, but mainly with new construction. Chairman Stulberg stated that you can not tell developers how to market their product and that if we did, we would have to monitor. Commissioner Oja stated it would be appropriate for new construction. Commissioner Stimson commented that it is a responsibility of the buyer and the seller and not the Planning Commission's place to legislate. Director Hurlburt stated that unfortunately it is common for people to say that they did not know what the area surrounding them was zoned for when they purchase the home. She added that not everyone checks the zoning classification with the City before they purchase. Director Hurlburt stated that it is customary for model home sites to display maps of the surrounding area. Commissioner Stimson commented that the Planning Commission has suggested disclosure to several developers. T._3CL Planning Commission Minutes April 26, 1995 Page #86 MOTION by Commissioner 5pigner, seconded by Commissioner Oja to adjourn. Vote. 7 Ayes. MOTION carried unanimously. Meeting adjourned at 12:00 a.m. s cil�l of PLYMOUTR May 8, 1995 Bradley F. Kalin Allstate 10700 Old County Road 15, Ste. 290 Plymouth, MN 55441 Dear Mr. Kalin, Thank you for your letter to Mayor Tierney expressing your concerns with Schmidt Lake Road. Your letter and photographs will be shared with all members of the City Council. In the meantime, Mayor Tierney has asked Fred Moore, Director of Public Works, to respond to your letter. You can expect a response from Mr. Moore by May 15. Again, thank you for your letter and sharing your concerns with us. Please give me a call on 550-5013 if you have not received a response by May 15. Sincerely, Kathy Lueckert Assistant City Manager We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 Lkc All ts 18, 1 e,& S-- / - ig 1? -15 - Bradley F. Kalin, LUTCF Neighborhood Office Agent 10700 Old County Road 15, Ste 290 Plymouth, MN 55441 Bus.: 612/540-0140 0 , 5 � - cp s ,z 5, Mayor Joy Tierney 3400 Plymouth Blvd. Plymouth, Mn. 55447 Dear Mayor; It has been a number of months since I addressed you and the city council in person regarding the matter of Schmidt Lake Road remaining a four lane highway. I would like to reiterate in the strongest possible manner my concern that a child will be killed or maimed on Schmidt Lake Road unless it is changed back into a two lane roadway. Schmidt Lake Road is a RESIDENTIAL road. Bicyclists, children and joggers use it and cross it frequently. It is just too hard for children pushing bicycles to cross four lanes of traffic safely. The section of Schmidt Lake Road west of Zachary and east of 494 has some sharp curves and pronounced hills which obstruct a driver's vision. This vision is especially impeded when there are four lanes of traffic speeding by at 35 plus mph. Aerial photos of this stretch of Schmidt Lake Road are enclosed to bring this to your attention. A number of neighbors have had their dogs struck and killed on this stretch recently. Check animal control. In conclusion, the City of Brooklyn Park recently reduced Brookdale Drive from four to two lanes and also Xerxes Ave was reduced from four to two lanes. Please help us make our Plymouth Roads as safe as Brooklyn Park is mak- ing theirs. Sincerely Yours, Bradley F. Kalin cc: David Anderson Tim Wold Nicholas Granath John Edson Chuck ILymangood Carole Helliwell City Attorney P �9 . I -1r... — 1- k u D �{� e- D ��i�S GJ �e.K ep-4 'vv- SPelwl o �[ �leef p� �iR Gtli� �k / '_ oaGf' 6t/`Ir't-/� L//PI/ 12�h GIgaSS . 6 le Irl /0 w*2 uf" Ave- ktk- y at2 / l /of ( DhS�Y� c_f L/�1et✓ 7 i�'='"N z,Aa, 95REQ.XLS Page 1 CITIZEN REQUEST TRACKING wh .. ... ........ ............................. ...... . . . . ................ : ............. ................ .. .. .......... ..... .. .................. .. . ....... ....... ............... ..... . ..................... .. ... ........ ............. ... . ............ AWN ............... .. .................. ......... ................ . . .... : .. ..... .. "U" ... ... . Blank Darren A. DeMatthew Civic Centerlice Arena 12130194 113195 1113195 114195 2 Gerdes Darren A. DeMatthew Pub. Safety Concerns_.._ 12130/94 113/95 1113195 1112195 3 Moore Darren A. DeMatthew Transportation 12130/94 113195 1113/95 1/4195 4 Blank Gordon Hanson Community garden plots 1/3195 113/95 1117195 1/4195 5 Moore Dr. Robert May 19th Avenue - Traffic speed 119195 119195 1123195 1/23/95 6 Blank Vivian Starr Bike path - Lk Camelot/ NW Blvd 1/9195 1/9195 1123195 1117195 7 Hurlburt Mark Denis/DennisHolmquist Wetlands Ord/1 1115 0. Rockfd Road 1117195 1119195 211195 2/1195 8 Moore Randy Meyer Fleet vehicles - petro product./service 1119195 1119195 211195 211195 B -B Moore Randy Mayor Additional issues - fleet vehicles 2127195 2/27/95 3120195 (r) 3123195 10 Hurlburt Nancy Cree Wetlands Ord1NW Plymouth 216195 218/95 2115195 2/9195 11 Johnson Larry Dowell, TwinWest Chamber LMC referendum levies 219195 2/9195 2116195 2113195 12 City Attorney Brian Knox Access to Gleason Lake 2121195 (PF) 2121195 317195 317195 13 Moore Steven Chase Alley Abandonment 311195 3/1/95 3115195 3117195 14 Moore Peter Flint/Janice Symchych Peony Lane Alignment 3122195 3123/95 3129195 3129195 15 Moore William Rademacher Peony Lane Alignment 3123/95 3123/95 3130195 3129195 16 Moore R. D. Taylor Water & Sewer Assessments 4118195 4/18195 4125/95 17 Hahn R. D. Taylor Asmt Deferral/Green Acres 4118195 4/18195 4125195 4125195 18 Blank Steve Meyer Tres Removal Assessment 4118195 4118195 4125195 4118195 19 Lueckert Stan Stevens Train Noise[Whistle 4119195 4119/95 4126195 4121195 20 Blank Kerry Anderson Recreation Ce nter/Community Pool 4126195 4126/95 512195 21 Moore Bradley Kalin' Schmidt Lake Road 1 515195 1 518/95 1 5115195 1 Page 1 05/05/95 17:03 MESSERLI KRAMER 4 612 505060 I � MLINICIPI�L LEGISLATIVE COMMISSION Mtl'MO DATE: May b, 1994 TO: ! MLC Operating Committee Dennis Kraft, City of Shakope( Greg Konat, City of Burnsville FROM: iBob Renner, Jr, RE: Prfield Tax Base Sharing HouF i Floor Action N0.683 IP02 18M Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402-4218 lelcpho>ie: (617-) 672-3600 Facsimile: (612) 672-3777 The House deated and passed the "Orfield Fill" on a 71 - 63 vote yesterday, The vote fell along party li es with a few exceptions, I hal--e attached the floor vote with the two articles that a geared in today's Minneapolis and St. Paul newspapers. The House floor debate lasted 1/2 hours. The companiol bill in the Senate, SF 277, is :a the Senate floor. The Governor continues to vow that h will veto this legislation. The House floaction yesterday did not help resolve the other housing initiative isponsored by nator Mondale and Represent f,tive Long. Representative Long has decided to waat least a week before she brii gs up her "Livable Communities Act". She felt that emoti ns need to die down before she will debate her bill. The Mondale/liver compromise "Livable Corr rnunities Act" easily passed the Senate Floor today on P 59 - 3 vote. I have attached copy of the vote for your information. Menibe r Cities: Apple Valley, Bloomington Eagan, Eden Prairie, Edina, Lakeville, pl.ewood, Minnetonka, Plymouth, :.oseville, Shoreview, Woodbury frF 05/05/95 17:03 MESSERLI KRAMER 4 612 505060 w , 6 -a"! 5)0! � Wr kkx4a DATE 5-5-98 FILE N0. - SF1019 The question w The roll was c Those who vote Anderson L'eckman Belanger PergIin B e t z o I d Chandler Chmielewski Cohen Day Dille Finn Flynn 1=reder I ckson Hanson Janezlch STATE OF MINi•i50TA SENATE ROLL CAI NO.683 D03 Ste` S0. Those who voted in the negative werec Bertram I Johnston tc2rriam The motion prev Ifled. So St+1019 was rF,ommeoded to pass. LEG. DAY - 0154 SER. NO. - 0020 s taken on the recomme-idation to pass SF1019. IIed, and there were y. as 59 and nays 31 as follow s In the affirmative we,es Johnson, D.E. immer Price Johnson, D.J. ;/arty Ranum Johnson, J.B. 7'atzen Reichgott Junge Kelly Mee, R.D. Riveness K I I c a d e n JlondaIe Robertson KIe1s Porae Runbeck Knutson tHurphy Sam% Kramer keuviIle Samuelson Krantz ilovak Scheevet Kroening Cliver Spear Ls.I d I g C I son Stevens f&ngseth ►`appal Terwilliger Larson ViLriseau Vickerrnan Lesewski fippr Wiener Lessard faaemiller Those who voted in the negative werec Bertram I Johnston tc2rriam The motion prev Ifled. So St+1019 was rF,ommeoded to pass. 05/05/95 17:03 MESSERLI KRAMER -► 612 505060 STATE )F MINNESOTA HOUSE OF ):EPRESENTATIVES REGULAR SESSION -1995 ! H.F. N0, 431 DATE - 5-4-95 RULE 1.10 SEQUENCE NO. - 1145 NO.683 PO4 The bill was read for the third t'me and placed upon its final passage. The question was taken on the passage of the bill and the roll was called. There were 71 yeas and 4T nays as follows: tliii_3= --9-3-L-S.--tc---.g; GG Gii,y�; N Abrams : Y Jolnson, A. Y Otremba N Anderson, B. Y Johnson, R. N Ozment Y Anderson, R. N Jcl:nson, V. N Paulsen Y Bakk Y Ka!,n N Pawlenty Y Bertram Y Kalis N Pellow N Bettermann Y 1 Y Pelowski N BishopKe 1 so f'L er 00 X"4— N Boudreau Y �` Xl? e : Y Peterson N Bradley N Knight : Y Pugh N Broecker N Kn�blach • Y Kest Y Brown N Ko ,pendrayer : (,c— —Itkb i /R.., Y Carlson : N Kriusmice Y Carruthers N Krinkie N Rostherg Y Clark N Larsen Y Rvkavina N Commers Y Leighton Y Sarna Y Cooper N Leppik Y Schumacher N Daggett Y Li=.der N Seagren Y Dauner N Li::dner : Y Simoneau N Davids Y Long : Y Skoglund Y s Y Lo2ray N Smith Dehler Y Luf her Y Solberg Y e ont N Ly7.ch N Stanek i Y N Dempsey C10rn in Ma ion �y f't NZ N N Sviggum Swenson, D. Y Entenza s N Swenson, 11. N Erhardt : Y Mariani N Sykora Y Farrell Y Ma:ko Y Tomassoni N Finseth Y me(-.allum N Tompkins N Frerichs N Mc?Iroy Y Trimble x Garci.A Y Mct:uire N Tuma N Girard I Mi.. bort Y Tunheim N GOodno N Mu"au N Vrn »ellen Y Greenfield N Mulder N Van Engen Greiling ; Y Munger N Vickerman ! Y Muc- phy YW e_nius N Hackbarth N Ne:, Is WarTenEi��� N Harder Y 01,- 3n, E. N eaver i Y Hasskamp N 01;3n, M. Y Wejcman Y Hausman N Oni'in Y Wenzel N I- Holsten Y Opatz Y Winter 11 Hugoson Y Ornastein N Wolf Y Huntley Y Or`ield N Worke Y Jaros : N Os:: `copp N Workman Y Jefferson Y Os'`loff Y Spk. Anderson,I Y l Jennings Y Osi rom House backZ:s tax -sharing proposal Bill would redistribute revenues in metro area X E W to E to m in V. �t 0y ,o.e zziz SUS. . 7995 By Dane Smith RWntcr was nrfFeld's latest v►ialth-sharltt3 w „ nhr linked by Moe prt�uc:..- esse Jam a M, on vans father of communism) and is DFLes s bird annual Cam- roblxr), but the htinneapot . ritics in the Twin Cities paign to reduce economic disPa was passed b}• the House Thursday. Gov. Arne Carlson has vowed to veto Orrield's tax basil ro sal as he has two previous Orfeld bills. sharing P po . ndent-Republicans mayb'be that But Orfield sal d�idrisk by voting against a P ing a big Po tier at the expense of an affluent bcncftts most taxpayers minority in the Twin Cities area. tax reve- The pian would capture some of the Pr oPe t itd on the nue from high -valued homes t it into- into a Pool diet would value above S200•�) and tm lilies according to be shared by all Twin Cities municipalities uced, Eventually. Orf estimates,i,formhis ula would shift Sion of an existing fiscal di Pa m propenY S r� a about S too million more a y and low1- nwcoocne the mostuent eapolis and St Paul - Health care bill appears to be stalled The Minnesota - Care health bill, already stalled in the Senate, was tabled in the House on Thurs- day. seriously ieopardWng its chances. page 26. Housing continued on page 7B Housing Continued from page 113 The bill would also require local gov- nves under the new formula increased u vt least half of those Funds to reduce Joca1 property taxes. -Eighty-throe percent of the metro population would get what everybody in Ameri- can politics wants. lower taxes and better services," {}rfield said. But the proposal drew impassioned . criticism from IR House members, particularly those who represent the most prosperous Twin Cities sub- urbs. Tbey accused Orfield of ro- meeting class warrare, of pitting "haves against have-nots." of punish- ing sucocss and of, in effect, raising the property taxes on a group that already pays a lot in state and local taxes. Rep. Richard Pellow, 1R -Mew Briih,- ton, comparod OrGeld's initiative to . Jesse James' bank robberies. -Was if legal? No- Did he get away with R? Rep, Mike Osskopp, IR -Lake City; praised Orfield% sincerity in taring to correct growing inequality, but said his idea is "consistent with the views espoused by Marx." Orfreld responded that his bill is "based on the works of that famous Marxist, Charlie Weaver Sr:' Wea- ver, the late Independent -Republican state representative from Anoka. do - for veloped a tax -base -sharing P the metro area in the early I. 970s. That drew a retort from Weavei"s son, Rep. harks Weaver, i11 -Ano- ka, who voted against the bill despite . the fact that his district would bene- fit. Weaver said Orfickrs proposal was a huge shift, "not a gentle en- hancement" ; ... Rep. Tim pawlcmty, IR -Eagan. ar:•-• gued that no metropolitan area in tho United States does more to transfer property tax wealth among jurisdic- tions than the Twin Cities— Orlicid : has argued that some large metropol- itan governments, such as Indianapo- lis, do a better jobb The bill gassed 71-62. The vote gen- crally was split along party lines, at - though four Independent- Republi-cans voted in favor of the measure and three DFLers opposed it. Also malting their way through the Legislature are somewhat mono mod- :- est proposals by Rep. Dee Long, DFL -Minneapolis, and Sen. Ted Mondale, DF"t. Louis Park, that would earmark money front a variety a, of sow= to rehabilitate less alituent se�icns o' `'-ic metrawntil= T -r and to build mare low-income hoes- . 4 ing in affluent aceas.However, advis- �• era to Carlson, whose base of political y: and financial support is rooted in the aMurnt western and southern sub- urbs, has indicated that those propos:. als also are veto -bound. M 03 W CrW Y J W co W W E Ln m N Bill shifting tax money to cities OK'd Irate House IRs call - plan economic robbery JIM RAGSDALE sTAff WR Ea Whether Karl "arx nr IPCC[t names wouia nave Sharing approved was Ieft the wealth unresolved, but the Minnesota House -' adopted a share -the -wealth property tax plan on Thursday that pits wealthier sub- urbs against their less upscale neighbors. The House voted 71 to 63 to approve a property tax -base sharing bill sponsored by Rep. Myron Orfield, DFL -Minneapolis. the guru of regional solutions to urban problems and a lightning rod for subur- ban opponents. "It's what everybody wants its Ameri- can politics — lower taxes and better services," Orfieid said of his bill, which eventually would transfer about $100 million a year in property tax revenue from wealthier suburbs to the Twin Cit- ies and ismer-ring suburbs. But foes, primarily Independent-Re- publicans ndependentRe- publicans from suburban districts, lik- writings of Karl Marx and ibe bank jobs of Jesse James. "This is not tax -base sharing. It's tax - base steabng," said Rep. Phil Krinkie, IR -Shoreview. The debate, while underlining a sharp geographic and political divide in the House, ultimately may conte to nothing this year. The Senate is expected to ap- prove Orfield's bill, but Gov. Arne Carl- son, an Independent -Republican who re - 6111 conmaurn ON 5A ► SILL !.CO%MM W FROM 1,1 lies on strong'supPport in the wealthier suburbs, na3 vowed to veto it. Orfleld said his plan, aimed at r0ccing the economic disparityy between rich and poor communi ties in the metro area, is a "gentle enhancement" of the current tax - sharing system that applies to in- dustries, shopping centers and oth- er business property. His bill would pool a portion of the future tax revenue on high-val- ue homes, identified as those val- ued at more than 1200,000. This revenue. which normalT}� would go to the communities where those homes were located, would be dis- tributed to poorer communities, with some of the money ear- marked for property fax relief. Orfield produced maps showing that 83 percent of the residents In the metro area live in cities that would gain tax revenue under the plan. The Twin Cities and northern suburbs were the biggest Winners, while wealthier communities near biggest iosers. Orfield's proposal, while at- Iracting wide support •in his own party and among northern subur- 1 blin mayors, has been bitterly at- tacked ny others as an assault on the suburbs by the inner cities. IR House members took up that at- tack is the floor debate Thursday. Rep. Mike Osskopp, IR -Lake City, introduced Karl Mars to the debate, and likened Orfield's bill to various income -redistribution Plans over the past century, • "This has been tried from north to south and east to west, for prat, IicalIy 80 years," he said. "Everv- ,•Suburban legislators said they are trying to work on a separate 6111 that would pump more regimt- i �Po1on cltax eanup and oInto �� urban problems. But they argued that the Orfield approach was in- herently unfair. "Don't stick a gun in our back and tell us to hand over the ftgb." said Rep. Kevin Knight, IR -Bloomington, Orfteld responded that the origi- nal tar -base -sharing bill was spon- sored by former Rep. Charlie andsry h afatherloinfrom the currernt Howe member from Anoka, also named Charlie Wearer. "This bili is based on the work ' of that famous Marxist, Charlie Weaver Sr.," Orf"Idquip�ppeedd St. Paul Reps. Tom Osthotl, An- dy Dawkins and Carlos Mariant of St- Paul all spoke in favor of the bili, saying cities need the assts- tance to deal with their concentra- tions of crime, poverty and poor housing. -}�4ost DFL members voted for 51t bill, while most Republicans generally voted against it. Four Iit' members voted yM and three DFLers voted no. :;� ruenioers said they would be more inclined to sort bein a'regional development bill g carried by Rep. Dee Long, DFI, Minneapolis• That bill, which has Yet to be debated on the floor, would finance housing projects -Ind Pollution clean-ups with reve- nue from the Metropolitan Mos- quito Control District and other sources But Cindy Brucato, Carlson's s'liokeswoman, said the governor is equally opposed to that approach. "It's only a slightly Iess danger- ous version, but dangerous it Is, Ae said. 05/09/95 15:26 MESSERLI KRAMER 4 612 505060 LMUNICIPAL �INONMS O 131 1 DATE: May 9, 1995 TO: MLC Operating Committee Dennis Kraft, City of Shakopee, Greg Konat, City of Burnsville FROM: Bob Renner, Jr. RE: Tax -Base Sharing Legislation N�0.77330 P02 1800 Pifth Street Towers 150 South Nifth Street Minneapolis, MN 55402-4.218 Telephone: (612) 672-3600 Facsunilc, (612) 672-3777 The tax -base sharing legislation authored by Senator Novak, SF 277 (HF 431), was debated and defeated today on the Senate flrur on a 32 - 34 vote. I have attached a Copy of the vote for this legislation. WjRWjXc03c I.wri. Member Cities: Apple Valley, Bloamingt n, Eagan, Eden Praiurle, Edina, Lakeville, Maplewood, Minnetonka, PlyrncmC i, Roseville, Shoreview, Woodbury :05/09/95 15:26 MESSERLI KRAMER 4 612 505060 NO.730 D03 612 224 4 48 MAY.-09'95(TUE) 12:30 MN GOV RELATIONS CNG TEL:612 224 4648 P. 001 ,3 STATE: dTA SENAT C A t -L t LEG. DAY 4t5d► DATE 5-'9-95 SlrG• NO. - 0013 FILE NCI- - HF431 Wis read the tnlyd time, as mended.. and placed on its final passage. of the bill, aE ata ended. The quewag taken 00 the pas5a<{e follows' iildr and there wars *is 3z and nays 34 as rollstion The tide cal Those who voted in the affirriutlYs Dere: pogemilier A.ndorson Hott'inSer Jznezith Netzen Ape, R.D. Ranum Relchyott Janie Berglin Betzold jol►nson0 D.J• Mondale Morse Sams Chandler Johnson, J.D- Murphy Samuelson Cholelewski Kelly Kroening Novak spear Stumpf Cohen petty Pappas Vickarisan Finn Merrlll<m Piper Fl ynn Those who voted in the negative w■"ll Lessard Riveness Beckman KisCaden Kitts LIIhMer Robtrtson RunbQck Belanger Knutson NeuviIIs scheevel Berg Kramer Oliver Solon Bertram Dille Krents Olson Ourada Stevens Frederickson LY1dl$ Langiceth Parizq&U Terwilli3er Wisner y*Haan D.E. on Larson Price Johhr,on, aahnston So the b 1 1 1 , as &mended, f ai I ed t ., pass. 754 D02 N0. 05/10/95 17:03 MES'SERLI KRAMER 4 6125505060 1800 fifthStreet Towers MUNICIPAL, 150 South Fifth street Minneapolis, MN 5540218 LFCIST.�ATI'C1E ComM TOS j� Telephone: {612} b7-3777 1 1V Facsimile: {6'L2} 672-3777 MEMO DATE: May 10, 1995 MLC City Managers 1 FROM: Bob Renuer, Jr. UE; Reconsideration of HF 431 on Senate in the Senate HF 431 was brought up for re ideration. This time the legislation Today of the vote count for your was passed on a vote of 36 - 30. 1 have attached a o y of t from yesterday's session. information. The check marks indicate a chug Please call me at 228-9757 if you have ani► q uestio S. JJP;�(p�G18fi-Lwb1s Member Cities: Apple Valley, Bloomin;;ton, E Eden Prairie, Edina, Lakeville, Maplewood, Minnetonka, Plymouth, Ro e, Shoreview, Woodbury 05/10/95 17:03 MESSERLI KRAMER 4 61'5505060 STATE OF MINNESOTA SENA 1'E ROLL GALL DATE E-10-95 FILE NO. - HF43i NO.754 D03 17 LEG. DAY - 007 SEQ. NO, - 0011 Was read the third time, as amended, and placed on Its final passage. . The question was taken on the pass;�ge a the bill, as amended. The roll was called, and there were you 36 and nays 309 as f61lowst Those who voted in the affirmative were,, Anderson Flynn Ikerilm Po9emiiler ✓Beckiatn "anson Ms en Ranum Serg!!n Hottinger Mo R.D. Reithgott Junge ,.-Bertram Janezich No ale Sams Betzald Johnson, D.J. Ma s Samuelson 'Solon Chandler C Johnson, J.. MurPTY Chmieiewski ✓Kramer Na 'k Spear Cohen Kroening Pa as Stumpf Finn Marty Pi er Vickerm%n Those who voted in the negative wei•et Belanger Kleis LI or Blueness Berg Knutson No ilia Robertson' Day Krantz Ol 0r Runback DIIle Laidig Oi n Scheevel Frederickson Langseth Ou da Stevens Johnson, D.E. Larson P seau Terwilliger Johnston Losewski Pr a Wiener Kiscaden Lessard So the bili, as amended, was paasei and} its title was agread to. Home Free Domestic Assault Intervention Project May 6, 1995 3409 Klmer Lane N. Plymouth, MN 55441 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Attn.: Craig Gerdes, Director of Public Safety Dear Chief Gerdes, 1 S� Telephone Business (612) 545-7080 Crisis Line (612) 559-4945 1? ti r F 1 w I am enclosing the first quarter report for 1995. Please note that Dual Arrest this quarter are up more than double compared to first quarter 1994. Domestic Offense Reports are down by half from the same period in 1994. One of the Intervention Project goals for 1995 is to meet with Police and Prosecution to discuss our coordinated response to domestic assault cases and follow trends. You are welcome to attend a meeting on 5/16/95 at 2pm at the Intervention Project. I have a call in to Dan Twaddle, to set up thisi first meeting. Elliot Knetsch has also indicated that he will attend. Thanks for your continued support. If you have any questions or I can be of further assistance, please let me know. Sincerely, Nancy Senn Project Coordinator cc: Dwight Johnson, City Manager Dan Twaddle, Police Liaison Mary Lou Larsen sb PLYMOUTH CITY QUARTERLY REPORT DOMESTIC ASSAULT INTERVENTION PROJECT FIRST QUARTER 1995 I.LAW ENFORCEMENT ARRESTS QTR YTD Assault (Felony)/Terroristic Threats/Burglary Assault (GM)/Disorderly Conduct 1 1 Assault (5th) 2 2 -` Assault(5th)/Disorderly Conduct 17 17 Assault(5th)/Obstructing Leg Proc 1 1 Assault(5th)/Obstructing Leg Proc/Resisting arrest 1 1 Assault(5th)/Other 1 1 Juv.case 1 1 OFP Violation 2 2 OFP Violation/Assault(5th) 1 1 Other 1 1 TOTALS _ 1 1 L9 29 DUAL ARRESTS JUVENILE ARRESTS < 8> < 8> < 2> < 2> COMPLAINTS Assault (Felony) Assault(5th) 1 1 Assault(5th)/Disorderly Conduct 4 4 OFP Violation 1 1 TOTALS 3 3 ALLEGED ASSAULT/CHARGES PENDING 9 9 DOMESTIC OFFENSE REPORTS Phone Letter 11 11 TOTALS 24 24 Printed: 04/27/95 Home Free DAIP by Safe Town Page 1 PLYMOUTH CITY QUARTERLY REPORT DOMESTIC ASSAULT INTERVENTION PROJECT FIRST QUARTER 1995 II.INTERVENTION PROJECT SERVICES VICTIM SERVICES QTR YTD Arrest Response Face/Face Home Visit 1 1 - Hospital 1 1 No -C COI 2 2 No -C F/F 1 1 No -C Lette 3 2 3 No -C Phone 3 2 Not N - Ph 2 3 Not N- F/F 3 2 Not N- Let 1 3 Phone 1 10 10 TOTALS 29 29 Civil Court Advocacy-OFP Filing/Hearing 16 16 OFP Only Harassment Orders < 9> < 9> < 2> < 2> Other Advocacy 9 9 Rides 3 3 PERPETRATOR CONTACTS QTR YTD Jail Visit No Contact 0 0 Bailed 29 29 Hennepin Co. < 2> < 2> Juvenile Detention < 24> < 24> NBR < 2> < 2> < 1> < 1> TOTALS 29 29 Printed: 04/27/95 Home Free DAIP Page 2 by Safe Town PLYMOUTH CITY QUARTERLY REPORT DOMESTIC ASSAULT INTERVENTION PROJECT FIRST QUARTER 1995 III.CRIMINAL COURT ADVOCACY AND MONITORING T•� �L1 DISPOSITION Assault Occurred urrnt QTR Prior QTR QTR YTD Guilty Plea 7 7 14 14 Guilty Plea -Amended Charge 2 3 5 5 Cont. for Dismissal 5 4 9 9 Juv.case 2 0 2 2 Dismissed -2 3 5• 5 No Disposition -Case Open 20 26 46 46 TOTALS 38 43 81 81 SENTENCING First quarter, 1995, _33_ cases were resolved in criminal court. Of those cases, _05_ were dismissed. Defendants received one or more of the following conditions on the remaining _28_ cases: _329. Paid a fine _11%_ Had the fine stayed _21g Served jail time _36t_ Received stayed jail time _50%- Ordered to attend domestic abuse counseling _21t_ Ordered to have chemical dependency evaluation/counseling _00%_ Ordered to pay restitution Printed: 04/27/95 Home Free DAIP Page 3 by Safe Town Welcome Gardeners! I would like to extend to you a hearty welcome on behalf of myself and the City of Plymouth. This will be our first year in the community garden area and hope that it will be an enjoyable one. The area itself is located in the southeast corner of the Adult Corrections Facility off Shenandoah Lane, south of County Rd. 6. We have a few rules and information and they are as follows: 1. Garden plots 1 thru 10 will be for those of you who wish to use some type of chemical. 2. Garden plots 11 thru 30 will be for those of you who wish to garden organically. 3. Garden plots are on a first come first serve basis. Call Nancy at 550-5130 for your selection. 4. Plots will be available beginning the week of May 8, 1995. 5. There will be a water tap available provided by the Adult Corrections Facility. Hoses will be provided initially. If water pressure is low or hoses disappear, you will need to haul water by bucket. You may want to bring a bucket just in case. 6. Compost will be tilled in initially, however, if you require additional compost, a pile will be available. 7. There are bathrooms available in the front lobby of the Adult Corrections Facility. 8. Visiting day is Wednesday for the Corrections Facility. Occasionally you may be asked as to the nature of your business. Please explain that you are a community gardener. 9. Gardening hours are 7:00 a.m. to 9:00 p.m. throughout the week. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000 10. Do not approach the fenced areas within the site. 11. You have been provided with a site map and a location map. If you have any further questions, please call 550-5130. This project is in cooperation with the Hennepin County Adult Corrections Facility. I would like to extend a special thank you to the Facility for providing the location and water for the community gardens. Have a great summer and bountiful gardens. Sincerely, Mark S. Peterson Superintendent of Parks cc: Eptic Blank, Parks & Recreation Director wight Johnson, City Manager Sig Fine, Adult Corrections Facility Cy Stellmach, Adult Corrections Facility L44LUND MARTIN CONSTRUCTION, INC. May 5, 1995 Mr. Jeremy Bork Polson Trossen Wright Architects 405 Sibley St., Suite 230 St. Paul, MN 55101 COPY Re: Notice of Strike, Plymouth City Center Expansion And Renovation Dear Jeremy: =' S This letter is to provide you with notice that as of Tuesday May 2, 1995 the local trade union that represents the tapers and painters went on strike. As these trades are integral part of this project the strike may have a negative impact on the project schedule. This situation is beyond the control of Lund Martin Construction. We will provide you with additional information as the situation develops. Please contact me should you have any questions. Sincerely, oe Maddy Project Manager cc: Jack Tabery, City of Plymouth Doug Hoiland, Lund Martin Construction 3023 RANDOLPH STREET N.E., MINNEAPOLIS, MINNESOTA 55418 An equal opportunity employer. 612/782-2250 FAX: 612/782-2267 aPaul R. Beilfuss Superintendent of Schools (612) 476-3101 MEMO TO: Swimming Pool Study Committee Blank, City of Plymouth Jim Brandl, Community Education Services Bruce Halgren, District 284 Administration Mike Harris, Parent John Muchlinski, District 284 Athletic Department Michelle Northey, Parent Karen Parks, School Board Tom Rushfeldt, Parent FROM: Paul R. Beilfuss, Superintendent of Schools Opp O DATE: May 4, 1995 SUBJECT: STUDY COMMITTEE MEETING - MAY 10 There has been interest expressed by parents regarding what the District plans to do with bond referendum money designated for a new swimming pool and suggestions for consideration of a collaborative effort with interested community groups/agencies. In addition, discussion has occurred among District administrators on the same topic, including the curriculum value of constructing a third swimming pool. To determine what might be the most prudent utilization of these funds, we are forming a Swimming Pool Study Committee, and you are invited to serve. The first meeting is scheduled for: WEDNESDAY, MAY 10, 4:00 P.M. DISTRICT ADMINISTRATION BUILDING - BOARD ROOM If you have any questions or are unable to attend this first meeting, please give us a call at 476-3241. Looking forward to seeing you on the 10th. PRB:LMB/61 District Administrative Offices 210 County Road 101 North P.O. Box 660 Wayzata, MN 55391-9990 FAX 476-3214 INDEPENDENT SCHOOL DISTRICT 284 WAYZATA, MINNESOTA SWIMMING POOL STUDY COMMITTEE MEMBERS: Eric Blank Director of Parks/Recreation City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 550-5000 Jim Brandl Community Education Services Director Wayzata Public Schools P.O. Box 660 Wayzata, MN 55391-0660 476-3203 Bruce Halgren Executive Director of Academic Services Wayzata Public Schools P.O. Box 660 Wayzata, MN 55391-0660 476-3124 Mike Harris 980 Shady Lane East Wayzata, MN 55391 475-3593 John Muchlinski District 284 Athletic Director Wayzata Senior High School 305 Vicksburg Lane Plymouth, MN 55447 476-3040 LMB/61 5/4/95 Michelle Northey 16231 Ringer Road Wayzata, MN 55391 475-2427 Karen Parks 14875 - 46th Place North Plymouth, MN 55446-3429 Tom Rushfeldt 301 Margaret Circle Wayzata, MN 55391 475-3403 Metropolitan Council Working for the Region, Planning for the Fixture May 8, 1995 The Honorable Joy Tierney City of Plymouth t w, 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mayor Tierney:I�8 1 aS 3 — We are extremely alarmed by the potential lack of adequate funding for the regional transit system. After consulting with several of you about legislative strategy for the remainder of the session, the group wisdom is that there ought to be some basic information in everyo_ ne's hands. That information is enclosed. Approaches to legislators and the Governor will have more weight if you stress the impacts from your particular perspective. It is time to concentrate our efforts on securing funds for the regional transit system, rather than specific modes, projects, or parochial interests. The main messages are the following: 1) That the lack of funding would be devastating to transit operations in the region. 2) That the transit system is a critical element in: • Maintaining the economic vitality of the region, • Providing mobility for transit -dependent individuals, and • Complementing the metropolitan highway system. 3) That opportunities for a transportation funding package that at least begins to address both highway and transit needs for the entire state should still be pursued. However, if a transportation funding package cannot be put together during this session, metropolitan transit should still receive, at the very minimum, the governor's budget request of $89 million. We are open to any compromise package that can meet the need for funds for transit as well as transportation projects. Other strategies that have been suggested are a group lobbying effort at the Governor's office, a group lobbying effort at key legislators' offices, and a group press conference. We would urge you to make indivlduat contacts with theGovernor's office, legisiators, and the media. We have not scheduled a group lobbying effort at the Governor's office because we have received strong indications that such an effort would very likely be counter-productive and shouldn't be attempted at this time. Any of the other strategies should be implemented immediately, since the end of the session is nearly upon us. Thank you for your cooperative efforts in these trying times. Sincerely, Sally Ever&51*t 1 Special Assistant to the Chair 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 . Metro Info Line 229-3780 An Equal Opportunity Employer T' S3 _* Twin Cities Metropolitan Transit Funding Fact Sheet Transit Need: The Metropolitan Council's request for a $94.3 legislative appropriation is necessary just to maintain the current level of bus service in the Twin Cities metropolitan area. Transit Funding Levels Under Consideration Governor's Budget Recommendation $89 million House Bill $84.2 million Senate Bill $69 million Service Reductions Expected from the Senate Proposal & Projected Federal Cuts (Transit would be underfunded by $16.5 million per year) Overall Service: Funds for regular route transit service would be cut 12 percent and funds for Metro Mobility would be cut 8 percent. Rush -Hour Service: The number of MCTO buses on the street during rush hour would be reduced by 22 percent, for the lowest level of rush-hour service since 1973. Night-time, Weekend: Potential elimination of all service in this category. Holiday Service (Weekend service alone carries 8.1 million rides.) . Metro Mobility: There would be an 8 percent reduction in service, which would mean 100,000 fewer passenger rides than in 1994. Fare Increases: Fare increases that would be necessary to compensate for underfunding would cost the regular commuter $125 annually and the regular youth and limited mobility rider $125 annually. Ridership Reduction: Service reductions and fare increases are expected to decrease the number of riders from 65 million to 50 million annually. ,=- S sr - Who Would Be Impacted By The Cuts? Transit Dependent: Ten percent of all metropolitan area households do not own a car, and 37 percent of all transit travel regionwide is generated by those who do not own a car. Commuters/Employers: Twenty-five percent of the downtown Minneapolis/St.Paul workforce uses transit to get to work. Each day, 60,000 employees throughout the metro area commute to work using transit. Retail Centers: Metro area residents make 4.2 million trips annually, using transit, to all retail and shopping centers. The Mall of America alone generates 1.6 million passenger trips annually, a figure that would be reduced with elimination of night-time and weekend service. People with Medical People seeking care at medical clinics and hospitals Needs: generate 1.2 million trips annually. Students: Students at the University of Minnesota and other area colleges and universities account for 1 million trips annually. Disabled: Metro Mobility helps meet the essential transportation needs of the 25,000 disabled people eligible to use the service each year. Metro Mobility provides 1.2 million trips annually. Local Govern.nients: Transit serves 90 local units of government in the metropolitan area. Highway Users: Highway users can expect to lose more time as a result of increased congestion. Fare increases and service cuts will cause some current transit users to travel by car. Opportunity Update Metro Mobility, the metro area's door-through-door pu f ansportatiori F program for individuals with disabilities, is the target for re e� drY and increased fares. The Metropolitan Council, in an effort to save , 41,000, is proposing the following changes: ✓ Fare increase of $.30 during peak and off peak hours ✓ Eliminate service in Maple Grove, Plymouth, Osseo, Shorewood, Tonka Bay, Vadnais Heights, and White Bear Lake Township ✓ Cut back early morning and evening service hours in the suburbs What can you do? The Metropolitan Council Transportation Committee will be holding four public hearings to give you a chance to comment on the proposed Metro Mobility changes, the dates and times for these meetings are: Monday, June 5, 11:00am to 2:00pm, and 7:00pm to 9:00pm, at the Metro Council Chambers, 230 East Fifth Street, St. Paul. Thursday, June 8, 11:00am to 2:00pm, and 7:00pm to 9:00pm, at the Minneapolis Convention Center, 1301 Second Avenue South, Mpls. Register to testify by calling Mark Fuhrmann at 229-2722. Now is the time to call and voice your concerns over these proposed changes. Individuals to contact include: Mary Smith, Transportation Chairperson, 475-1388 Curt Johnson, Metropolitan Council Chairperson, 291-6453 A publication of Opportunity Workshop, Inc. an equal Opportunity Employer May *5 Leave Ci ty Hall Unlocked . r 3�kvq��si '` >•y''S-rq �' xR� 1�f ... .. �. i' jv+.�°J���. {i a "10 il r r 14 Leave Ci ty Hall Unlocked Z 51_, _ alphachannel is a new service that will help you graphics and text, viewers will be able to obtain keep city hall open 24 hours a day, by providing up- timely, vital information while you and your staff to -date, viewer -accessed information on your are sound asleep. And during the day, the government cable channel on a continuous basis. number of incoming calls you receive will be How? Through appealing "network quality" dramatically reduced, saving time for your staff! 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