HomeMy WebLinkAboutCouncil Information Memorandum 08-17-1995AUGUST 17, 1995
UPCOMING MEETINGS AND EVENTS ....
1. COUNCIL MEETING SCHEDULE FOR AUGUST:
AUGUST 21 6:00 P.M. COUNCIL SUBCOMMITTEE -
HUMAN RIGHTS COMMISSION
INTERVIEWS
Council Conference Room
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AUGUST 24 7:00 P.M. COUNCIL BUDGET STUDY SESSION
Public Safety Training Room
AUGUST 28 6:00 P.M. PRIVATE STREET SUBCOMMITTEE
Council Conference Room
7:00 P.M. SPECIAL COUNCIL MEETING
Joint Meeting with Metropolitan
Council members
Public Safety Training Room
------------------------------------------------------------------------------------------------------------
AUGUST 31 7:00 P.M. COUNCIL BUDGET STUDY SESSION
Public Safety Training Room
2. PLANNING COMMISSION -- WEDNESDAY, AUGUST 23, 7:00 P.M., City Council
Chambers.
3. BOARD OF ZONING --THURSDAY, AUGUST 24, 7:00 P.M., City Council
Chambers.
4. METRO MEETINGS ---- The weekly calendar of meetings for the Metropolitan Council
and its advisory commissions is attached. (M-4)
CITY COUNCIL INFORMATION MEMO
August 17, 1995
Page 2
5. MEETING CALENDAR -- The August meeting calendar is attached. (M-5)
FOR XOIJR .NFtIATON*..
1. DEPARTMENT REPORTS
a. Weekly Building Permit Report for Commercial/Industrial/Public and Use Types.
(I -la)
2. PLANNING COMMISSION TAPE AVAILABLE -- Mayor Tierney has requested that
a copy of the July 26 Planning Commission's presentation on street design be made
available for viewing by Councilmembers. The two-hour video is available by calling
Laurie at 5080.
3. NEWS ARTICLES, RELEASES, PUBLICATIONS. ETC.
a. July, 1995 Senior Grapevine, the Quarterly Publication of the Plymouth Senior
Program. (I -3a)
4. CITIZEN COMMUNICATIONS POLICY - CORRESPONDENCE
a. Letter from George Wilson, 430 Zinnia Lane, concerning the condition of sidewalks
along Carlson Parkway. Eric Blank's response is also attached. (I -4a)
b. Letter from Robert Peterson, President of the Kingswood Homeowners Association,
regarding the sealcoating of streets in the Kingswood area. (I -4b)
A status report on all correspondence is also attached.
5. CORRESPONDENCE
a. Letter to City Council Members from a group of Plymouth residents who live on Pike
Lake requesting a change in the 15 MPH day time speed restriction on the lake.
(I -5a)
b. Letter to Mayor Tierney from Robert Peterson, President of the Kingswood
Homeowners Association, expressing appreciation to the Public Works Department
for work to ease a flooding problem around the 17200 block of Third Avenue N.
(I -5b)
c. Letter to City Manager Johnson from Arne Hendrickson, Local Government
Relations contact from Minnegasco, informing of the filing for a 4.2 percent increase
in gas rates, effective October, 1995. (I -5c)
d. Letter to Mayor Tierney from Plymouth resident Audrey Reid, protesting the cuts in
the Metro Mobility program. (I -5d)
e. Letter to Public Safety Director Gerdes from State Department of Corrections Facility
Inspector Ken Merz, authorizing the municipal jail facilities to continue operating as
a Class III Municipal Holding Facility. (I. -5e)
CITY COUNCIL INFORMATION MEMO
August 17, 1995
Page 3
f. Letter to City Manager Johnson from I.S.D. 281 Business Services Senior Associate
Jim Dahle, notifying the City of the dates for the school district Special Bond
Election and School Board Member Election. (I -5f)
g. Legal opinion to City Manager Johnson from City Attorney Knutson informing that a
Charter amendment imposing term limits is unconstitutional. (I -5g)
h. Letter to Kathy and Richard Jordan from Assistant City Manager Lueckert
acknowledging their address to the City Council and notifying them that the issued of
diseased tree removal will be taken up by the Council's Tree Subcommittee. (I -5h)
i. Letter to the City Council Members from Maple Grove resident Keith Swenson
requesting that the City Council vote against changing the present speed limit on Pike
Lake. Accompanying the letter are the speed regulations enforced by the City of
Maple Grove. (I -5i)
Dwight Johnson
City Manager
METRO MEETING
M-4
1 7.,
S-
A
7
weekly calendar of meetings and agenda items for the Metropolitan Council, its advisory and standing convnittees� aid ee
regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, an
Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be
directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229-3780 and
by computer modem, through the Twin Cities Computer Network at 337-5400.
DATE: August 11, 1995
WEEK OF: August 14 - August 18, 1995
METROPOLITAN COUNCIL
Community Development Committee - Monday, August 14, noon, Room IA. The committee will consider:
Greenfield overall comprehensive plan update; Livable Communities Act - designation of urban revitalization
and stabilization zones; Livable Communities Act - draft housing guidelines and criteria; and other business.
Special Meeting/Environment Committee - Tuesday, August 15, 3 p.m., Chambers.
Executive Committee - Wednesday, August 16, 7:30 a.m., Kelly Inn, Benjamin's Restaurant, I-94 at Marion,
St. Paul.
Transportation Advisory Board - Wednesday, August 16, 2 p.m., Chambers.
Regional Briefing on Livable Communities (for local government staff and elected officials) - Wednesday,
Aug. 16, 7 p.m., Shoreview City Hall, Council Chambers, 4600 N Victoria, Shoreview. NOTE TIME
CHANGE.
Providers Advisory Committee - Thursday, August 17,10:30 a.m., Room IA.
Finance Committee - Thursday, August 17, 4 p.m., Room 2A. The committee will consider: Metropolitan
Sports Facilities Commission 1994 Annual Report; certification of 1995 proposed operating levy to the county
auditors for Truth in Taxation; certification of proposed operating levy for the Commissioner of Revenue;
certification of proposed 1995 transit levies to the count auditors for Truth in Taxation; certification of proposed
1995 transit levies to the Commissioner of Revenue; certification for the county auditors of proposed 1995 Right
of Way Loan fund levy and/or levy for Tax Base Revitalization account of Livable Communities Fund;
certification for Commissioner of Revenue of proposed 1995 Right of Way Loan fund program levy and/or levy
for Tax Base Revitalization account of the Livable Communities Fund; certification to the county auditors for
Truth in Taxation requirements of proposed "Fiscal Disparities" levy for Tax Base Revitalization account of the
Livable Communities Fund; certification to county auditors for Truth in Taxation requirements of 1995 levy for
Demonstration Account of the Livable Communities Fund (formerly Mosquito Control Commission levy);
:authorization directing cancellation of tax levies for sewer bonds issued and assumed by the Metropolitan
Council Arid payable from the Common Bond Fund; authorization directing adoption of deficiency tax levy on
the City of Wayzata; authorization directing cancellation of tax levy for General Obligation Solid Waste bonds;
authorization to issue a bank balance surety bond; approval of contract award for perpetual inventory software;
labor negotiations (closed to the public pursuant to Mn. Stat. sect. 471.705, subd. la (1992), as amended by the
1994 Mn. Laws chap. 618, article 1, sect. 39); (Meeting may be reopened to the public following labor
negotiations discussion.)
Regional Briefing on Livable Communities (for local government staff and elected officials) - Thursday,
August 17, 7 p.m., Dakota Co. Western Service Center, Room L-139,14955 Galaxie Ave, Apple Valley.
(NOTE TIME CHANGE)
TENTATIVE MEETINGS THE WEEK OF AUGUST 21 THROUGH AUGUST 25, 1995
Transportation Committee - Monday, August 21, 4 p.m., Chambers.
Environment Committee - Tuesday, August 22, 4 p.m., Chambers
Metropolitan Parks and Open SpaceCommission/Meeting with LCMR legislators - Tuesday, August 22, 1
p.m., Room 5, State Office Building.
Metropolitan Parks and Open Space Commission tour of Harriet Island, Lilydale Regional Park and Big
Rivers Regional Park - Tuesday, August 22, immediately following meeting with LCMR legislators.
Regional Briefing on Livable Communities Act (for local government staff and elected officials) -
Tuesday, August 22, 7 p.m., Chambers. (NOTE TIME CHANGE).
Chair's Informal Breakfast Meeting with Council Members - Wednesday, August 23, 8 a.m., Sheraton
Midway, Bigelow's Restaurant, I-94 at Hamline, St. Paul.
Housing and Redevelopment Authority Advisory Committee - Wednesday, August 23, 8:30 a.m., Room
IA.
Regional Briefing on Livable Communities Act (for local government staff and elected officials) -
Wednesday, August 23, 7 p.m., Minnetonka City Hall Council Chambers, 14600 Minnetonka Blvd.,
Minnetonka. (NOTE TIME CHANGE).
Metropolitan Council - Thursday, August 24, 4 p.m., Chambers.
Committee of the Whole - Thursday, August 24, 5 p.m. or immediately following the Council meeting, 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
Advisory Task Force on Professional Sports in Minnesota - Tuesday, August 15, 2 p.m., Education Center,
St. Paul Companies, St. Paul. The task force will consider: an overview of task force goals; a keynote speaker;
guest speaker on task force issues; future meeting dates and agenda items; and other business.
Commission Meeting - Wednesday, August 16,930 a.m., Commission Conference Room. The commission
will consider: public hearing on proposed 1996 budget; the Advisory Task Force on Professional Sports of
Minnesota; marketing plan and signage; 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 Judy Somers, 335-3310.
("A — 6, -
METROPOLITAN PARKS AND OPEN SPACE COMMISSION
Commission Meeting - Tuesday, August 15 (MEETING CANCELED)
Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St.
Paul, MN 55101. Meeting times and agenda may occasionally be changed. To verify meeting schedules or
agenda items, call 291-6363.
METROPOLITAN AIRPORTS COMMISSION
Metropolitan Airports Commission offices are located at 6040 28th Av. S., Minneapolis, MN 55450. For more
information, call Lynn Sorensen at 726-8186.
r
� OFFICIAL CITY MEETINGS
August 1995
Sunday Monday
July
S M T W T F S
2 3 4 5 6 7 1
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
Tuesday
Wednesday
Thursday
3
7:00 PM Sump Pump Prog-
ram Public Meeting -
Council Chambers
7:30 PM HUMAN RIGHTS
COMMISSION - Pub. Safety
Training Room
Friday
4
Saturday
5
2
1
8:00 PM COUNCIL71fEET
LNG - Council Chambers
6
7
8
9
10
11
12
7:00 PM ENVIRONMENTAL
QUALITY COMMITTEE - Pub.
Safety Trng Room
7:00 PM PLANNING COMMISSION
Council Chambers
13
14
15
5:30 PM SPEC LIL COUNCIL `
MEETING -Pub. Safety
Trainin Room'`.
7:00 PM COUNC . MEETING -
7:00
Chambers
16
17
7:00 PAI HRA - Council
ConRoom
18
19
7:00 PM PACT - Pub. Safety
Library
7:00 PAI INFO MEETING-
Proposed phosphate -free
fertilizer ordinance -
Council Cbambers
20
21
22
23
24
7:00 PM BOARD OF ZONING -
Council Chambers
25
26
6:00 PM COUNCIL SUBCOM- '
MITTEE - COMMISSION <,
INTERVIEWS,* Council
Goof. Room ::
7:00 PM PLANNING COMMISSION
Council Chambers
7:00 PM COUNCIL BUDGET'
STUDY SESSION - Public.`
Safety Training Room
27
28
29
Council Candidate Filings
Open
30
31
September
S M T W T F S
1 2
3 4 5 6 7 8 9
10 a 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
6:00 PM PRIVATE STREET
COUNCIL SUBCOMMIT- ,
TEE - Council Cont. Room`'
7:00 PM SPECIAL' COUNCIL_
i MEETING -Public ',""'
`•Trng....Room �.,?'; i Safety
7:00 PM COUNCIL BUDGLrf
STUDY SESSION Pab1iC"
Safety TrainingRoor'I"
Rev. 8/16/95
I
V~�
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447''
DATE: AUGUST 17, 1995
TO: DWIGHT JOHNSON, CITY MANAGER
n
FROM: CARLYS SCHANSBERG, DATA CONTROL/INSPECTION
CLERK
SUBJECT: BUILDING PERMIT ISSUED REPORT FOR
COMMERCIAL/INDUSTRIAL/PUBLIC & CHURCH USE TYPES
AUGUST 10, 1995 THROUGH AUGUST 16, 1995
Permit #68120 was issued to Hypertect Inc. for a tenant finish Ameridata at 10200 51st
Avenue North, valuation $85,000.00.
Permit #68305 was issued to Palmer West Construction Co. for reroofing of Sunset
Hill Elementary School at 13005 County Road 15, valuation $69,250.00.
PERMITLIST
08/17/95
LIST OF PERMITS ISSUED
AGING DAYS
FROM 08/10/95 TO 08/16/95
PAGE 4
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
---------------------------------------------------------------------------------
30 118 22 11 0033
JIM BABO
2435 MERRIMAC LA N
0001413
32 118 22 22 0010
T S CONST INC
17200 12TH AVE N
00001495
1
1 12 118 22 12 0003
HYPERTECT INC
10200 51ST AVE N
11 118 22 12 0064
SEASHORE CONST INC
11530 51ST AVE N
7340
33 118 22 14 0068
THOMAS M & KRISTIN A GARVIN
900 FERNBROOK LA N
7340
20 118 22 33 0034
WESLEY & JEAN HALVERSON
2620 HOLLY LA N
7340
28 118 22 32 0188
HAUCK ASSOC INC
15635 16TH AVE N
0008242
ALTERATION
LOT BLK SFD
3 2 SUNNY ACRES
08/10/95 68115
BUILDING
$6,000.00 $136.65
ADDITION 08/11/95 68119
LOT BLK SFD BUILDING
LLS32QQ220010
$60,000.00 $788.17
ALTERATION 08/10/95 68120
LOT BLK COMMERCIAL BUILDING
2 1 RYAN BUS CTR
$85,000.00 $986.30
ADDITION 08/10/95 68135
LOT BLK SFD BUILDING
15 3 SCHMIDT LK WOODS
$5,400.,00 $136.35
ADDITION 08/10/95 68193
LOT BLK SFD BUILDING
9 2 HARBOR WOODS
$2,433.00 $90.32
ADDITION
08/11/95 68194
LOT
BLK
SFD
BUILDING
2
8
SHILOH
$1,400.00 $55.15
ADDITION
08/15/95 68196
LOT
BLK
SFD
BUILDING
27
3
PARKERS LK
NORTH 8TH
$5,000.00 $121.30
PERMITLIST LIST OF PERMITS ISSUED
08/17/95 AGING DAYS
FROM 08/10/95 TO 08/16/95
Z-Ia
PAGE 7
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
---------------------------------------------------------------------------
32 118 22 11 0005
SKYLINE DESIGN
1194 WESTON LA N
0006431
29 118 22 13 0065
JEFFREY N & DEBORAH A HAGEN
16425 21ST AVE N
0006431
34 118 22 44 0013
PALMER WEST CONST CO
13005 CO RD NO 15
NUMBER OF RECORDS 45
REPAIR
LOT BLK PUBLIC
LLS34QQ440013
$69,250
08/10/95 68305
BUILDING
00 $539.13
ADDITION
08/15/95 68292
LOT
BLK
SFD
BUILDING
1
2
CIMARRON PONDS
$5,000.00 $121.30
ADDITION
08/14/95 68294
LOT
BLK
SFD
BUILDING
6
2
STEEPLECHASE
2ND
$2,964.00 $90.58
REPAIR
LOT BLK PUBLIC
LLS34QQ440013
$69,250
08/10/95 68305
BUILDING
00 $539.13
U-1 . Senior Grapevine
A Quarterly Publication of the Plymouth Senior Programs Office.
Cosponsored by Senior Communities Sen�ices,
and The City of Plymouth.
Summer Issue Plymouth Senior Programs
Plymouth City Center
509-5225
July, 1995
Your News
In addition, thanks to John L. Sullivan,
a senior
volunteer from Plymouth who acts as editor, typ-
I am pleased to present the first issue of Senior
ist, and proofreader of the paper. He
can be
Grapevine, and hope that, it provides useful and =.'
reached at 557-8087.
timely information of concern to area seniors.
Senior Grapevine is compiled and written by sen-
ior volunteers for the Plymouth Senior Programs.
The Senior Programs Office serves residents 55
Sara Mittelstaedt
and older. It is located in the Plymouth City Cen
Senior Citizen Coordinator
ter, 3400 Plymouth Boulevard, Plymouth,
55447. The phone number is 509-5225.'
Story Time Theater
This is your paper. Its purpose is to distribute cur
We are in the
rent information about -relevant issues for older
of forming a
process
senior
adults (e.g., Financial, health, and recreation news,
drama troupe.
Volun-
legal information, and senior events in other com .;
o
Ctees actors will
drama=`."
munities). Please forward information for your
-
tize children's
stones "
events to the Senior Programs office. Any com
u�,
�,
for day=care
centers,`-
ments you' have to improve the paper will be
'
p .
�yTtME Q�,P schools .Wand
othei .
preciated. Your articles are solicited and will be
considered for publication.
programs.
Although the paper has been dubbed Senior
Grapevine out of need for a name, the birth certifi-
cate has not been signed. Your input on a name is
requested. Send your recommendations to the
Senior Programs office.
My special thanks to Nancy Anderson, Volunteer
Coordinator for the City of Plymouth. She gave
us needed insight into publishing the Senior
Grapevine and obtained the volunteers for putting
our first issue together.
Performers, designers, script writers and others are
needed to participate in all phases of this activity.
Participants select, write, and adapt stories. They
schedule performances, and create costumes and
props. In addition, they recruit new members.
Story Time Theater is a reader's theater. Seniors
read from manuscripts and dramatize stories that
are carefully selected for elementary and preschool
children to coordinate with the language arts
themes in our schools. The mission of Story Time
Theater is to share the love of reading and expres-
sion with all children and to present stories with
(Continued on next page)
examples of friendship, cooperation and how to
resolve conflicts.
Can you volunteer and help the Story Time Play-
ers bring the joy of reading to young children?
For complete details call Sara at 509-5225.
problems including heat exhaustion, heat
stroke, heart failure and stroke. Proper
precautions can make you more comfort-
able, prevent illness and even save your
life.
• Medications:
Heat Stress
Summer brings higher tem-'.,.,
peratures and the possibility of
=- >;
heat injuries. We can adjust to
the heat. Under: normal cir
a
cumstances, it takes about 5-7
e e
days. During that time the
body undergoes a senes„,-of , r
changes' that :mike continued '
exposure to heat more endurable. -:
Many medications can make you more vul-
nerable to the heat. If you take medicine
for high blood pressure, nervousness, de-
pression, poor circulation or sleeplessness,
check with your doctor or pharmacist for
advice.
Mild Signs of Heat Stress:
Hot weather makes most people feel un-
comfortable, and can cause a lack of en-
ergy or slight loss of appetite. These are
MILD SIGNS of heat stress, and unless
they last a long time, there is no need to be
alarmed.
Serious Signs of Beat Stress:
Heat can be a killer, and most of its victims are Heat stress can cause more serious physi-
elderly. Heat stress is the burden that hot weather rt cal and mental changes. These changes are
places on your body, especially your heart. If the} important signals that your body is in dan- .
burden is too. great, heat can make you very sick ger. If you experience any of the following
or even kill you. SERIOUS SIGNS during hot weather, `call
your doctor or seek other medical help.
• Facts:
Temperatures above 90° F can be very
dangerous, especially when humidity is
high.
Your body needs time to adjust to hot
weather. A sudden increase in temperature
is particularly dangerous.
It doesn't take a "Killer Heat Wave” to kill
you. If you are feeling hot and uncomfort-
able, take steps to avoid heat stress.
Heat stress can cause many medical
Dizziness Chest Pain
Rapid Heartbeat Great Weakness
Diarrhea Mental Changes
Nausea. Breathing Problems
Throbbing Headache Vomiting
Dry Skin (No Sweat) Cramps
Pay attention to the signs of heat illness.
Heat stress can be fatal, and the Serious
Signs mean that you are losing the battle.
The following actions can help minimize the ef-
fects of the heat and should help you to keep your
cool:
(Continued on next page)
• Keep Cool. Spend as much time as you
can in cooler surroundings.
• Turn on the Air Conditioning. It can
provide lifesaving relief especially if you
suffer from medical conditions like heart
disease.
• Turn on the Fans. Air movement reduces
heat stress by helping to remove body heat
(unless it is extremely hot).
• Take a Shower or Bath. Cool baths or
showers (75° F water) remove extra body
heat 25 times faster than air.
• Wear Minimum Amount of Clothing.
Lightweight, light colored, loose fitting
cotton clothing is more comfortable. Wear
a hat or use an umbrella to protect. your.
head and neck when outdoors in the sun.
• Drink Often. Don't wait until you are
thirsty. Drink often and in reasonable
amounts. Don't drink a lot of coffee or .
tea. Water is your best bet. Check with
your doctor for''advice'if you have a Medi ,
cal condition ''or ° problem with' 'water
balance. " ��
4M
• Slow Down. 'Take it easy, especially at the
start of hot weather when your body is less
prepared for the .heat. Physical activity
produces heat.
• Watch What You Eat. ';Avoid hot foods
and heavy meals.- They add heat to your.
body Try usin 'the rang `e "and oven le s ✓ k
,-3a
Transportation for Seniors
Several transportation services are available to
help people, who don't drive, get to shopping,
appointments and other activities. If you don't
need a ride, maybe you can help by serving as a
driver. Services include:
• Care and Share Group
541-1761 (8 a.m.-8 p.m.) or 553-1679
Volunteer drivers take you to medical
appointments, shopping and activities.
Interfaith Outreach 743-2436.
Serves Plymouth Residents West of 494.
Door -to -Door service to all destinations
• Elder Express 529-1252
Serves Plymouth Residents East of 494.
•' Dial -A -Ride 559-5057.
Door -to -Door service to all destinations-
1 in Plymouth, . Wayzata Medical .Center,
Ridgedale, and nearby shopping centers.-..,
• Metro Mobility/
North of Hwy. 55 332-3323
South of Hwy. 55 927-7654
Shared service for individuals ADA certi
fied by Metro Mobility.
Cook your meals during the cooler part of
the day.
• Watch Salt Intake. Check with your doc- Job Exchange
t bf
or a ore you increase the amount of salt Job Exchange for Older
or potassium in your diet. Do not take r �— Adults is a program of -
Salt Tablets without your doctors . fered by the Senior Pro -
permission.
/- I / gram to match older
• Avoid Alcohol. Alcohol interferes with adults to jobs. It gives
your body's fight against heat stress. It can people 55 and older
put a strain on your heart. more employment possibilities and assists employ-
ers who want to hire older adults.
By becoming familiar with the symptoms of heat
stress and the steps to minimize the effects, we can
minimize the chance of falling victim to heat stress.
Employers and older adults who are interested in
this service should call Bev at 473-5567.
n ---,l
i
i
Summer Fruit
A simple recipe for dip to heighten enjoyment of
fruit and take your mind off the heat this summer
not just about the illness of their affected family
member. The following guidelines are provided to
help keep these groups as consistent and helpful as
possible.
1 (8 oz.) package light or nonfat cream cheese
1. We are a group of people gathered to-
t (8 oz.) carton nonfat sour cream
gether, sharing a common bond. We all
2 Tablespoons honey
have a friend, relative, spouse or child suf-
1 teaspoon coconut extract
fering from a disabling disease. We are
1 teaspoon ground ginger
here to help ourselves and others in our
group by mutual sharing of our troubles,
Combine softened cream
our understanding and our strengths.
cheese and sour cream in a
2. We listen, explore options and give contin-
blender or mixer until smooth.
ued support; we do not prescribe or
Sv Add honey, coconut extract
diagnose.
<.:«>•;; : and ginger; stir to combine
``� '
.3. What we share in a group is kept in com-
` thoroughly. Refrigerate, cov
plete confidence.
ered. Serve at room
.
4. We share what we want to and.< everyone
temperature.
has a right to pass on a question or subject
Yield. • 2 cups. Serving Size: 1 Tablespoom iarea.
Calories 35; fat 2g; cholesterol 8 mg; sodium.30
5, It is important that we actively listen when
mg. ;'
someone is talking and avoid having side
e conversations.
Source: Byerly's Iric.
.
6. We encourage the "I" statements so every-
- t
one speaks in the first person.
Care Givers Support Group
7. Everyone who is here belongs here— just
because he/she is here and for no other
A Care Givers Support Group meets at 6:15 P.M.
reason.
on the third Tuesday of every month at Vision of ,.,- -
°
.8. Decisions made by the group need every-
Glory Lutheran Church, 13200 Highway 55 in ....8.
ry h' y
one taking part in some way.
Plymouth. The'group offers support to those" in a
care giver position with a parent, spouse or child..
9. The Group Facilitator's job is to:
The focus of this mutual support system is on the
a) Provide a non -threatening environment
group participant, not the identified family member
b) Open and close the group sessions
with a disorder.
c) Encourage group member involvement
d) Help the group stay on track
Members of the group have
e) Monitor group domination by a few
the .* opportunity to step :.� �.�
back and gain perspective "For more information, call Lisa at 509-5226.
on the relationship they
have with the family mem- Senior ClaSS1CS
ber. The concept and fo-
cus of the group is for Do you want fun—laughter—memories—a great
friend and family to talk time? Sign up for the Senior Classics to be held at
openly about their own Buffalo Senior High School, 1300 N. Highway 25,
feelings and experiences, Buffalo, MN 55313 Saturday, August 25, 1995.
These back yard games are fun and not compli-
cated. Registration starts at 8:00 a.m. and the
closing ceremony is at 11:30 a.m. The cost is
$3.00 per entry.
For complete details call:
Jennifer at 682-6036, or
Jeannie at 682-7486 or 1-800-362-3667
Bridge Lessons
Learn to play bridge—a
great game and a great way
1� ! to socialize. Classes meet
once a week on Wednesday
from 10:00 a.m. to 12 Noon,,
_f � for eight weeks at St. Ma ',
6T g rY � Z •,
-of the Lake School Library,
..105 Forestview Lane N.,'j
Plymouth. Classes are scheduled from September
13 to November 1, 1995.:, Registration is $30.00.
Call 541-1019 for information and td register
Exercise Programs r {'
One of the following pro-
grams could help to give you
the gift of fitness. Check ;
them out.
• Over 50 and Fit
A safe, sound low. impact aerobics work-
out designed by health care professionals.
Meets Tuesdays and Fridays at Vision of
Glory Lutheran Church, 13200 Hwy. 55
from 10-11 a.m. Starts September 19,
1995.
Call Alice at 545-9190 with questions.
• Wednesday Walkers
Enjoy a walk in the park. Join others who
like to walk for fun and exercise. Meets
every Wednesday at French Regional Park
�. -.3a
at 8:00 a.m., weather permitting. Bring
your walking shoes.
Call Inge at 557-0505 if you have
(Continued on next page)
Professional Corner
"America's Best Untapped
Natural Resource"
By
Amy C. Carver
Las Vegas, Nevada (702) 229-6297
As employers, we tend to shy away from hir-
ing Senior Citizens because we believe retirement
implies work is of secondary importance. Recent
reports have shown that older workers have lively
interests and . are truly willing to take on new
c allenges. For the most part, they have' excel-
lent ,work habits and their life experiences have
produced secure, confident personalities'that give
them great credibility. Seniors bring experience,
tenacity and stability to their jobs. Companies
who hire Seniors boast of their loyalty and low
turnover rate.
Today's Senior is active, vital and anxious to
remain a productive and useful member of soci-
ety. Unfortunately, society continues to under-
value and disregard the contributions of older
Americans, setting up barricades which prevent
them from reaching their fullest potential.
By now we should be familiar with the demo-
graphics. We will live longer, be healthier and
more active, and seek opportunities for some
type of employment following our retirement
from primary careers. Simultaneously, park and
recreators will experience increasing difficulty re-
cruiting and retaining employees, instructors and
volunteers. If we choose, we can be on the cut-
ting edge of organizations and businesses who
utilize mature individuals on their teams. It's up
to you!
questions.
• Plymouth Pedalers
An "Over 50" biking club. Generally meets
Wednesdays at 8:00 a.m. at Parkers Lake
Pavilion to caravan to selected tour site.
The following events have been scheduled
for August 1995:
coming soon. Mark your cal-
endar. Enjoy an Ice Cream
Social and a Variety Show at
2:00 p.m. Thursday, August
24, 1995, at the Boardwalk
Apartments, 150 Central Ave-
nue South, Wayzata. Regis-
tration is $2.00.
Call 541-1019 for information and to register.
Aug 2 Douglas State Trail
Aug 9 Lake Rebecca Park September Breakfast Break
Aug 16 Willard Munger State Trail,
Gateway Segment You deserve a break for
Aug 23 ..Grand Rounds Parkway System; ` breakfast. Quiche and
{,Mississippi Waterfront`Segment r r �: fruit from Byerly's will be
Aug 30 Carver Park +' 1i ;`.<, ;f served,;Friday; ''September
1995 at 9:30 a.m.
,
at
Call John at .• 544-1620 : if ::you l have :,' Fire Station ; #3, i 3300
questions. 1 y , „ Dunkirk Lane N., Plymouth. The planned food for
•, �y a p. ' w '` 1, ,' ,i+,t(+ �r'!' ' the mind is a! presentation on hazardous waste by
t': z, �' the Hennepin County Environmental Management
Ice .Cream Social
10! a Staff .The COSI 1S $2 50
x
1'r�(t'
•v, ..J•. n{'!K ' yt-(/tt+ ,. J1.
t ` t _.
Longing for the tase of old fashion iceGrefam'and ' ,
�•,.xPrp tri • :Call 541-1019 for information and to register.-
the excitement
of the Ongi ial Amateur Hour :Its 1,,
�,t. ,. •�: ', f. `t. r , 1(r i Tl its%�'_rf A t;H ( It Li
dar of Events
1 , ,' y , tM1 ! by , J , 1 ' ` i .• • i 1 ,' ,er .
1}Aiigiist'throug
October
1995
Aug. 2
Mississippi River. Cruise
Sep. 12
Red Wing Trip 1
Aug. 7
Over 55 Club Meeting ' ' ;
Sep. 13
Bridge Lessons Begin
Aug. 8
Story. Time Players
Sep. 14..
Wayzata Potluck and Bingo. ,
Aug: 21
Plymouth Seniors Club Meeting
Sep. 18
Plymouth Seniors Club Meeting
Aug' 22
Story Tune Players „
Sep. 21
Training for Story Theater ,
Aug. 24
Wayzata.IIce Cream Social , . • .1.
Oct. 9
Trip to Wisconsin Cranberry
Aug. 26
Buffalo Classics
Bogs
Sep. 4
Over 55 Club Meeting
Oct. 18
Flu Shots
Sep. 8
Breakfast Break
Oct. 25
New Fogy Follies
Sep. 10
Showboat at the Ordway
Oct. 27
Hiking Trip to Alma
August 15, 1995
George Wilson
430 Zinnia Lane N
Plymouth, MN 55441
Dear George:
CIN OF
PLYMOUTFF
City Engineer Fred Moore and I have reviewed the sidewalk along Carlson Parkway as per
your request. The sidewalk from the 494 bridge to Gleason Lake Drive is the responsiblity of
the City of Plymouth. The sidewalk from Gleason Lake Drive to the Minnetonka border is the
responsibility of Carlson Companies. Mr. Moore is going to get in touch with Carlson
Companies requesting that they make repairs to this sidewalk as soon as possible.
Thank you for bringing this matter to our attention.
Sincerely,
Eric Blank, Director
Parks and Recreation
EB/np
cc: ICity Manager
Fred Moore
We Listen • We Solve • We Care
�
430 Zinnia Lane N
Plymouth, MN 55441
31 July 1995
Mayor Joy Tierney
City of Plymouth
Plymouth, MN 55447
Dear Mayor Tierney:
My wife and I walk quite a bit on the sidewalks and trail system in Plymouth. Quite often
we will walk from our home to Carlson Center for lunch.
We find the walk along Carlson Parkway in Plymouth to be very hazardous. The
sidewalks along the south side of Carlson Parkway to have many trip hazards. Concrete
sidewalks have settled leaving metal plates raised above the surface. Concrete broken,
holes between the sidewalk and curbs, one section of sidewalk is missing altogether. Tree
branches overhang the sidewalk at low levels. Add all this to the cars that don't stop for
you when you have the walk lights or don't stop for the stop lights and this all adds up to
a bad stretch of sidewalks and trail. The problem is from Cheshire Lane to the city line.
I have talked with several people at Parks and Recreation about this and the last I heard,
about a month or more ago, was the city did not know who should be maintaining this.
The city or Carlson. I was wondering if somehow you could get involved and try to
resolve the problem so these hazards can be fixed before someone gets hurt. My wife
almost fell there this afternoon on one piece of broken sidewalk on the 494 bridge.
Sincerely yours,
George Wilson 797-7434
F— 4-a
August 14, 1995
Robert S. Peterson, President
Kingswood Homeowners Association
226 Holly Lane
Plymouth, MN 55447
Dear Mr. Peterson,
CIN OF
PLYMOUTR
Mayor Tierney has forwarded your letter to us regarding your questions and concerns
with the sealcoating of streets in the Kingswood area Fred Moore, Public Works
Director, has been asked to respond to your letter. You can expect a response from
Mr. Moore by August 23.
Thank you for your letter. Please give me a call on 509-5052 if you have not received
a response by August 23.
Sincerely,
&4 Aeokv-�
Kathy Lueckert
Assistant City Manager
cc: Fred Moore, Public Works Director
C/R. file
We Listen • We Solve • We Care
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550-5000
kincswood
Au u 8, 1995 •`'
CYomeownETI c,4!iaoclatlon
2-,6 c7offy LanE y�
J rymoutfi, An. 55447
Mayor Joy Tierney
City of Plymouth
The streets of Kingswood were recently tarred and stone spread
over them. The job looked wonderful as it was being done. The fine
stone covered the hot tar and kept the tar from getting on the cars.
Within two days the contractor swept up all of the loose stone
and we began to immediately have tar covered stone coming off the
surface and adhering to the tires and consequently being dropped in
our driveways and garage floors - - and tracked into our homes to
be spread over our carpet!
Why was the stone swept up so soon, before it had a chance to
properly bond with the tar? Just the other day I was visiting my
daughter in Minneapolis and their streets had received the same
treatment without any of the miserable aftermath of tar covered stone
being carried from the streets into the homes.
Did the contractor want to recapture more of the stone in order
to reuse it on another section of Plymouth. Was this a way to make
more on the contract. We have a mess in Kingswood and many of the
residents are extremely unhappy with the work done. Will the City of
Plymouth cover the cost to we homeowners for cleaning up the tar
tracked into our homes?
cc Kingswood Board
Robert S. Peterson, President
1
2
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5
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7
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8-B
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Blank
Gerdes
Moore
Blank
Moore
Blank
Hurlburt
Moore
Moore
Hurlburt
Moore
Moore
Moore
Moore
Hahn
Blank
Lueckert
Blank
Moore
Moore
Blank
Hurlburt
Hahn
Blank
Moore
Moore
Hahn
Gerdes
Blank
Moore
Moore
Darren A. DeMatthew
Darren A. DeMatthew
Darren A. DeMatthew
Gordon Hanson
Dr. Robert May
Vivian Starr
Mark Denis/DennisHoli
Randy Meyer
Nancy Cree
Larry Dowell, TwinWest Chamber
Brian Knox
Steven Chase
Peter Flint/Janice Symchych
William Rademacher
R. D. Taylor
R. D. Taylor
Steve Meyer
Stan Stevens
Kerry Anderson
Bradley Kalin
Julie Hoyme
George Wilson
H.B. Hayden
Mary Jo Asmus
Steven Bernhardt
Harry Stark
Carl Hedberg
Robert Peterson
Andrew Mackenzie
George Wilson
Kerry Anderson
Robert S. Peterson
95REQ.XLS
CITIZEN REQUEST TRACKING
Civic Center/ice Arena
Pub. Safety Concerns
Community garden plots
19th Avenue - Traffic speed
Bike path - Lk Camelot/ NW Blvd
Wetlands Ord/11115 0. Rockfd Road
Fleet vehicles - petro product./service
Additional issues - fleet vehicles
Wetlands OrdINW Plymouth
LMC referendum levies
Access to Gleason Lake
Alley Abandonment
Peony lane Alignment
Peony Lane Alignment
Water & Sewer Assessments
Asmt Deferral/Green Acres
Tree Removal Assessment
Train NoiselWhistle
Recreation Center/Community Pool
Schmidt lake Road
Watering restrictions
Fertilizer - Parkers Lake
Letter of Credit requirements
Property Market Value Review
Ice Arena
1994 Street Reconstruction Program
Opening of Xenium Lane
Sump pump ordinance
Speeding violation
SidewalklTrail - Carlson Parkway
Highway 55 access
Sealcoating of Streets in Kingswood
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Page 1 T—
August 3, 1995
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Attention: City Council
Dear City Council Members,
The Plymouth residents on Pike Lake wish to have you consider changing the 15 MPH
daytime speed restriction on Pike Lake so it can be restored to a full recreational lake.
There are 5 homes on Pike Lake in Plymouth. Four of the homes have docks with
power boat access. None of the residents were aware that a speed restriction was in
force until a resident was recently issued a warning by the Hennepin County Sheriff's
Department. The Department of Natural Resources Boat Water Safety Division has no
restrictions on Pike Lake.
Our homes were purchased on the premise that Pike Lake had no restrictions. The lake
restriction has a negating impact on the value of our homes, and current lake shore
property taxes do not take this into account.
The following is a list of concerned Plymouth residents on Pike Lake with their
signatures.
Respectfully Submitted,
Tyzwz
_ J a
1
In 1993 an ordinance was passed to restrict the speed to 15 mph. None of the residents
received a notice on any such meeting.
Other lakes in Plymouth do not have speed restrictions. Schmidt Lake has many
private docks, park land and a public access. Parkers Lake also has public access, a
park and homes. Medicine Lake lies in two cities, has a public park and access, and
has common regulations that have worked for years.
We have installed docks to have boating access to the water and would like again to use
the lake to its full potential. The DNR said the best way to keep the lake alive and
keep it from filling in with weeds and cattails is to use the lake.
We are anxious to get this issue resolved and ask that you give it your earliest
consideration.
'yR Al
n -r-- • L._+r
1�
kincswood
1::71/OMEOwn.E7u n�OT11oeiatton
2 2 6 d�o[ y -f .nE
�gtnoatfi, An. 55447
Mayor Joy Tierney
City of Plymouth
August 8,
Thank You! Thank You!
In 1993 the City of Plymouth Engineering Department fixed a
real problem of drainage in the 3rd Avenue Cul Sac, of the Kingswood
Farm addition.
We would like to convey our appreciation, especially to Darrell
Johnson and all of the others who assisted on this project. The 5+ inch
rainfall of this past weekinundated the streets of Kingswood, overloading
the storm drain system. The lowering of the swale between the homes
located at 17210 and 17245 3rd Avenue, N.allowed the water to run over
the surface into the outflow basin to the rear of these properties.
Even with this, yet even with this relief, the water rose half
way up the driveways in this cul de sac, half way over the fire hydrant
and the NSP electrical system. This project did what it was planned
to do, keep the water from the homes.
Please express our appreciation to those who worked on this fix.
� �.�• u�-� v SLG-���
Robert S. Peterson, President
Dwight Johnson
Plymouth City Manager
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Johnson:
Minnegasco® r - 6�:
A M—en-Am ENERGY COMPANY
11, 1995
In an effort to keep you informed about issues that affect the residents and businesses in your
community, I want you to know that on August 11, 1995 Minnegasco filed for a 4.2 percent
increase in its gas rates with the Minnesota Pubic Utility Commission (MPUC).
I have attached a news release dated today which explains the essential information about the
filing.
As in past filings, Minnegasco has asked that interim rates be put into effect in October until a
final decision, expected in June, 1996, is made.
Minnegasco will be providing individual customers more detail through their monthly bills. If
you or your staff wish additional information, please contact me at your convenience.
Sincerely,
Arne Hendrickson
Local Government Relations
612-321-5375
Enc.
800 LaSalle Avenue
P.O. Box 590.39
A
11, 1995
In an effort to keep you informed about issues that affect the residents and businesses in your
community, I want you to know that on August 11, 1995 Minnegasco filed for a 4.2 percent
increase in its gas rates with the Minnesota Pubic Utility Commission (MPUC).
I have attached a news release dated today which explains the essential information about the
filing.
As in past filings, Minnegasco has asked that interim rates be put into effect in October until a
final decision, expected in June, 1996, is made.
Minnegasco will be providing individual customers more detail through their monthly bills. If
you or your staff wish additional information, please contact me at your convenience.
Sincerely,
Arne Hendrickson
Local Government Relations
612-321-5375
Enc.
800 LaSalle Avenue
P.O. Box 590.39
Minnegrasm
A Nop— M ENERGY COMPANY
For More Information, Contact:
Patty Pederson, Manager
Public & Community Relations
612/321-4609, Pager, 612/538-1234
Don Follett, Manager
Public Affairs Communications
612/321-4783, Pager, 612/538-1234
FOR IMMEDIATE RELEASE August 11, 1995
MINNEGASCO REQUESTS 4.2% RATE INCREASE
MINNEAPOLIS -- Minnegasco today filed a rate increase request with the
Minnesota Public Utilities Commission (MPUC) to raise overall revenues by $24.3
million or 4.2 percent. A final decision from the MPUC is expected in June, 1996.
Minnegasco also asked to begin interim (temporary) rates on October 1, 1995, that
would raise overall revenues by $18.9 million or 3.3 percent, adding about $1.70 to most
residential customers' monthly bills. If the final approved rate is lower than the interim
rate, the company will refund the difference with interest.
"We need this increase for environmental cleanup required by government
mandates, and for expanded energy conservation programs" said Tracy Bridge, director of
regulatory services. "We also need to meet the rising operating costs of providing safe
and reliable service to our customers."
The distribution system is being improved through additions and reinforcements,
as well as through replacement of older pipe and equipment. In addition, increases in
operating costs caused by inflation make this filing necessary. The expanded energy
conservation programs offer customers energy audits, rebates and other incentives to help
them cut their energy consumption and lower energy bills. Minnegasco also seeks
funding for administering a three-year Pilot Discount Program for 3,000 low income
-More-
Minnegasco 1995 Rate Filing -- Page 2
residential customers as directed by the MPUC and mandated by the Minnesota
legislature.
"Minnegasco is also proposing to redesign its price structure to more fairly reflect
the actual costs of serving each type of customer," said Bridge. "Currently, the rates
businesses pay subsidize residential customer rates. Going forward, residential customers
can expect to pay rates that are more in line with what it costs to serve them." The
requested changes continue the gradual process of eliminating price subsidies. The
proposed final rates add about $3.90 to the average monthly residential bill of $50.85.
Minnegasco, a division of NorAm Energy Corp., is Minnesota's largest natural gas
utility, serving approximately 620,000 residential, commercial and industrial customers in
more than 220 communities. Minnegasco, founded in 1870, has provided energy services
to Minnesota customers for 125 years.
-30-
-More-
,T-5J
T ✓
� J J
Q
A -
WA
D/
State of Minnesota
Minnesota Department of Corrections
August 14, 1995
Craig Gerdes, Chief of Police
Plymouth Police Department
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
Dear Chief Gerdes:
I have reviewed the results of your inspection conducted by Lt. Tollin and Detention Sergeant
Williams, of the Hennepin County Sheriffs Department on February 21, 1995.
I would like to take this opportunity to add my congratulations to you and your department for all
of the work and effort put forth to bring your facility into compliance with Minnesota Rules
Chapter 2945, which governs municipal jail facilities. Please keep in mind those corrections
and/or timelines that Lt. Tollin and Detention Sergeant Williams may have noted in your report.
Based on the findings of your inspection, the Plymouth Municipal Lock -Up is given
authorization by the Commissioner of Corrections to continue functioning as a Class III
Municipal Holding Facility. Your facility may provide detention services to adult prisoners for
up to 16 hours, and may detain delinquent juveniles for up to 6 hours in accordance with the laws
of Minnesota, providing proper sight and sound separation from adults can be maintained.
If you have any further questions or concerns regarding your status, feel free to contact Lt.
Tollin, Det. Sgt. Williams or myself at 612/642-0333.
Sincerely,
'11/ /�
Ken Merz, Senior Detention Facility Inspector
Inspection and Enforcement Unit
KM/db
cc: Joy Tierney, Mayor Plymouth
Patrick D. McGowan, Sheriff Hennepin County
Alan Moran, Inspector, Hennepin County Sheriffs Department
Plymouth Municipal Facility File
19a
INDEPENDENT SCHOOL DISTRICT281
Robbinsdale Area Schools
Learning for a lifetime of growing
August 14, 1995
Dwight Johnson, City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Johnson:
independent School District 281 has set October 3, 1995 as the
date for the Special Bond Election and November 7, 1995 as the
date for the School Board Member Election. The polling hours
will be from 7:00 a.m. to 8:00 p.m.
Any phone calls concerning voter registration can be forwarded to
Marge Christensen, Hennepin County Elections at 348-5103.
Any questions or input pertaining to election procedures should
be directed to Karylanne Marchand or myself at 536-3141.
Thank you for your cooperation.
c: Laurie Ahrens
km
Sincerely,}
James Dahle
Senior Associate for Business Services
Thomas A Bollin
Superintendent
4148 Winnetka Avenue North
New Hope, Minnesota 55427
(612)533-2781 0 FAX (612)537-0947
Thin m, J. Camipl,cll
1'0ner N. KIIWs011
Thomas M. Scott
(. ;uc 0. FUc1111
I•nnr< R. W'11'n,n
Elliott B. Knet�ch
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
(612)452-5000
Fax (612) 452-5550
August 14, 1995
Andrea %tdlm ell P Kehler
rte:. Todd L. Nissen
lihZie�'rZs M. McCarron
"-6eur,,e Ntephenson
i Ir
Mr. Dwight Johnson
City of Plymouth
3400 Plymouth Boulevard y-1--'
Plymouth, Minnesota 55447-1482
RE: CHARTER AMENDMENT TO PROVIDE TERM LEV[ITS
Dear Dwight:
Several months ago we briefly discussed the legality of a Charter amendment that
would impose term limits on City Council members. At the time, a case was pending on
the issue involving Minneapolis. The Minnesota Supreme Court resolved the issue in the
enclosed opinion. The Court concluded that a Charter amendment imposing term limits
is unconstitutional.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
Roger N. Knutson
RNK: srn
Enclosure
Suite 317 0 Eagandale Office Center 0 1380 Corporate Center Curve 0 Ewan, MN 55121
AUGUST 4,1995
mitred as psychopathic personalities. Foucha v. Louisiana, 504 U.S. 71,
79 (1992) a
to confine
^In Foucha, the Supreme Court held that Louisiana Id f°��� ,gni
tioner, who was found not guilty of aggravated burglaryby he
committed to a psychiatric hospital un neuch contrnue�d doctors
� be danrecommended ouswas no
to released, because although p be held only so long
longer mentally ill.The Court held that a committed acclu'rttee may y
as he or she is both mentally ill and dangerous. 504 U.S. at 77-78.
see also Jackson v. Indiana, 406 U.S. 715, 738 (1972) ; Lldberg V.
Steffen, 514 N.W.2d 779, 783 (Minn. 1994).
Vve held ikIn re Blodgett that a person is committed as a psychopathic
personality rrt' he or she both needs treatment for an identifiable sexu-
al disorder, a defined by the statute and by this cou's d cision in
Pearson, and oses a danger to the public. 510 N.W2d 9 0, 914-15
(Minn.), cert. d hied, —U.S. _1 115 S.Ct. 146 (1994). In B odgett, we
noted that althou the term "psychopathic personality is an equated and
does not refer to a currently classified mental illness, the t rm refers to
more than "a mer social maladjustment." Id. at 914. We sta ed that "[t]he
psychopathic pe nality statute identifies a volitional dys nction which
grossly impairs lu pent and behavior with respect to thq sex drive" and
that "the `psychopaEhic personalityis an identifiable and documentable
violent sexually deviant condition or disorder." Id. at 91 .
In Blodgett, we rej�cted the argument "that a psycho athic personality
condition is untreatab e, and, therefore, confinement i equivalent to life-
long preventive detente n' 510 N.W.2d at 916?
51n tact, Call and the other persons committed as psychoP�Chic personalities to the
Minnesota Security Hospital are receiving intensive treatm6rTt for their sexual disot-
der. Testimony at Call's dis�arge hearing indicated ch e�o Minnesota ital has a well-
planned
planned and well -structured treatment program, of'r ase reverted i and ober
1993.The program is structure around the conceptpi P P
sists of four phases. It is an outcome -based program thatf has e� Participants too mas-
ter
se � -
ter the skills of each phase belore moving on to the r>�'P
decrease in the amount of externa security required f9r the patient The fou��fase
involves preparing for and obtainir� discharge into the community. During phase
iour,
take a more active role in the 0eatment and pending
FINANCE AND COMMERCE APPELLATE COURTS EDITION � d
charge. Moreover, contrary to what the appeal panel held in the present .
case, .t is also not sufficient that the person no longer evinces the utter
lack of control over his sexual impulses. The utter lack of control over
ones sexual impulses is part of the threshold showing that must be met to
justify commitment. Confinement may continue without meeting this
threshold if the confinement still bears the reasonable relation to the orig-
inal reason for commitment; that is, the person continues to need treat-
ment for his sexual disorder and continues to pose a danger to the public,
which are the reasons for which the person was originally c�__i_s,
tted as a
psychopathic personality. We do not believe that a person wone step
]ow an utter lack of control over his sexual im ulses is nsarily in
rssion" of his or her sexual disorder, such that hid or her "deviant
rt�cpyiiM assaultive conduct is brought under cont�pf." Blo�lgett, 510
N.WZd via.
Because a appeal pane] di
set forth in on 253B.18,
mitted as ment ill and
remand. In conside ' g when
chopathic personality mmi
the discharge criteria set orl
manner consistent with thi
treatment should continue if l
dente that he does not meet
continues to need inpatient tr
der and continues to be a dan
county representaVesd to completthe program in a minimum of 24
process. An average patient is expect
months. �
Even if treatment for a psychopathic pe rso ality disorder is "problematic,
• * ' [s]o long as civil commitmed is pr grammed to provide treatm--at
and periodic review, due process i� pro ided." Id. We held that once a
person is committed, his or her due r ss rights are protected through
procedural safeguards that include pe 'alit review and re-evaluation, the
opportunity to petition for transfer to a open hospital, the opportunity to
petition for full discharge, and the n to competent medical care and
treatment. Id. With respect to dischar e e stated:
In Foucha the confinement was� for itis anity and, when the insani-
ty was shown to be in remissiori, the nited States Supreme Court
said Foucha had to be rele4.d. Her if there is a remission of
Blodgett's sexual disorder, if �is devian sexual assaultive conduct
is brought under control, he, oo, is entitled to be released.
Id. at 918 (footnotes omitted).
A person committed as a psy opathic pers nality must be discharged
if no reasonable relation exists tween the or'\ .nal reason for commit-
ment and the continued confi meet. As noted above, a person is com-
mitted as a psychopathic personality because a or she both requires
treatment for an identifiable sexual disorder, as d ned by the statute and
by this court's decision in P arson, and poses a nger to the public. To
justify discharge, the statut ry discharge criteria r persons committed
per -
as mentally ill and dangero to the public require a showing that the
son is capable of making a acceptable adjustment�o open society, iss no
n
longer dangerous to the pu�lic, and is no longer in need of inpatient treat-
ment and supervision. Mi n. Stat. § 253B.18, subd. I .
So long as the statutory hischarge criteria are applie in such a way that
the person subject to co mitment as a psychopathic rsonality is con-
fined for only so long as a or she continues both to nee further inpatient
treatment and supervisign for his sexual disorder and t pose a danger to
the public, continued commitment is just' ed becauseE confinement
bears a reasonable relation to the original reason for nrmitment. We
believe that the statutory discharge criteria set. forth in �e�� cccction 253B.18,
subd. 15, can be applied to meet these requirements.
In applying the discharge criteria, we note that a slight change or
improvement in the person's condition is not sufficient to justify dis-
ply the sta tory discharge criteria
ion 15, plicable to persons com-
as to )he public, we reverse and
show dbe discharged from his psy-
re [tett the appeal panel to apply
n 253B.18, subdivision 15, in a
That is, Call's commitment and
proves by clear and convincing evi-
utory discharge criteria because he
Deft cimervislor. for his sexual disor-
continued commitment
it for two reasons. First,
t him on direct appeal
:k reassert this claim.
opar claim, our deci-
nent u er the psycho-
constitut double jeop-
lJot for pu ses of pre-
PPwrann_ 20 inn. at
person comnrttw tw"�.• --
a A--nnrted_
U.S. District Court Keith, CJ-
U.S.
the District oft Dissenting, Gardebring,
Anderson, and Stringer, JJ.
Minneapolis Term Limits Coalition,
et al.,
Plaintiffs,
vs.
Merry Keefe, et al.,
Defendants.
14
Christopher J. Dietzen,
Peter J. Coyle
Larkin, Hoffman, Daly &
Lindgren, Ltd.
7900 Xerxes Avenue South
Bloomington, MN 55431
Surell Brady, City Attorney
Joseph M. LaBat Asst. City
Attorney
333 So. Seventh St.
Minneapolis, MN 55402
and
Toni A. Beitz
Asst. County Attorney
A-2000 Government Center
Minneapolis, MN 55487
(for Marge Christianson)
Filed: August 4, 1995
Office of Appellate Courts
Flo
CouRTs EDmoN
SYLLABUS
An amendment to the Minneapolis city charter limiting
the terms of local elected officials would violate Article
VII, Section 6 of the Minnesota Constitution.
Certified question answered in.the affirmative.
Heard, considered and decided.by the court en bank.
OPINION , .
KEITH, Chief Justice (U.S. District Court fro the
District of MN)
This case comes to us on an Order of Certification
issued by the United States District Court for the District
of Minnesota pursuant to Minnesota Statutes section
480.061 (1994) (Uniform Certification of Questions of
Law Act). The certified question is as follows:
Would an amendment to the Minneapolis city
charter limiting the terms of local elected offi-
cials violate Article 7, § 6 of the Minnesota
Constitution?
We answer the question in the affirmative.
Since the adoption of its city charter, the City of
Minneapolis has been a home rule charter city pursuant
to Minnesota Statutes Chapter 410. Plaintiff Minneapolis
Term Limits Coalition ("MTLC") is an unincorporated
association whose goal was to place a proposed amend-
ment to the city charter on the November 8, 1994 gener-
al election ballot for the City of Minneapolis limiting the
terms of the mayor and city council. members to eight
years. Individual plaintiffs are members of the MTLC
steering committee. On August 15, 1994, plaintiffs filed
a petition with the Office of Elections and Voter
Registration seeking to place their proposed- charter
amendment on the ballot. On August 31, the director of
the Office of Elections and Voter Registration certified
that the petition contained a sufficient number of regis-
tered voter signatures. The proposed amendment states:
Section 1. TERM LIMITS. Notwithstanding
any other provision of law to the contrary, no per-
son may file to be a candidate for election to a
term that would cause the person to serve more
than eight consecutive years in the office of
Mayor or eight consecutive years in the office of
City Council.
Service prior to the passage of this ordinance
shall not count in determining length of service.
Section 2. INSTRUCTION. The city clerk is
hereby instructed to contact, exactly as he would
r do if so instructed by a resolution of the Mayor or
City Council, in writing, within 30 days after
adoption of this ordinance, all state legislators
and members of the United States Congress who
have any constituents within the city limits and
instruct them that it is the resolute desire of the
citizens of the city of Minneapolis that term lim-
its be enacted by the legislature of Minnesota and
the United States Congress, and that the maxi-
mum consecutive tenure in office be no more
than six years (three terms) in the United States
House or [sic] Representatives, no more than
twelve years (two terms) in the United States
Senate, and no more than ten consecutive years in
either the Minnesota State Senate or State House.
The people of the city of Minneapolis hereby
instruct all state and federal legislators, repre-
senting any part of this city, to individually do
their utmost to promote and pass binding legisla-
tion or a constitutional amendment enacting the
term limits specified in this section. The instruc-
tion and resolution shall remain in effect for as
many years as are required to effect these
4, - C .
UGUST 4,19 95
changes, and shall so state on its face.
Section 3. SEVERABILITY. If any part of this petition shall be declared uncon-
stitutional by a court, all others shall remain in full force and effect.
Following a recommendation by the Minneapolis Charter Commission that the proposed
amendment not be placed on the ballot, and based on the advice of the city attorney that
the proposed amendment would violate the Minnesota Constitution, on September 12,
1994, the full city council voted not to place the amendment on the ballot. Two days later,
the mayor signed the city council's resolution.
On September 14, 1994, plaintiffs filed a verified complaint in U.S. District Court seek-
ing a declaratory judgment that the petition meets the technical requirements imposed by
state law and that the city council's action violated plaintiffs' rights under the First and
Fourteenth Amendments of the U.S. Constitution. Further, on September 23, 1994, plain-
tiffs filed a motion for preliminary injunction seeking to enjoin the defendantst
'Defendants in this action include: Merry Keefe, City Clerk of the City of Minneapolis; Joyce Mercil,
Director of the Elections Department of the City of Minneapolis; Jackie Cherryhomes, President of the
Minneapolis City Council; Sharon Sayles Belton, Mayor of the City of Minneapolis; James Niland, a
Minneapolis City Council member; the City of Minneapolis; Marge Christianson, Supervisor of the
Elections Department for Hennepin County; Pat O'Connor, Taxpayer Services Division Manager for
Hennepin County, and Hennepin County.
from refusing to place the proposed amendment on the city-wide ballot for the forthcom-
ing election.
Following a hearing and a verbal ruling from the bench on October 3, 1994, the district
court filed a memorandum opinion and order denying plaintiffs' motion for a preliminary
injunction and certifying the question to this court.
Under Article XII, Section 5 of the Minnesota Constitution, home rule charter amend-
ments may be proposed "by a charter commission or by a petition of five percent of the
voters of the local government unit as determined by law and shall not become effective
until approved by the voters by the majority required by law." Amendments also may be
proposed and adopted "in any other manner provided by law" Id. Pursuant to this consti-
tutional authority, the legislature has set forth additional methods of charter amendment
in Minnesota Statutes section 410.12, including a certification process for amendments
proposed by a citizens' petition. Under these provisions, amendments meeting the techni-
cal requirements "shall be submitted to the qualified voters at a general or special election
and published as in the case of the original charter." Minn. Stat. § 410.12, subd. 4.
Nevertheless, it is well established in Minnesota that when a proposed charter amend-
ment is manifestly unconstitutional, the city council may refuse to place the proposal on
the ballot. See Davies v. City of Minneapolis, 316 N.W.2d 498 (Minn. 1982) ; Housing
and Redevelopment Auth. of Minneapolis v City of Minneapolis, 293 Minn. 227, 198
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PARALEGAL
CONSORTIUM
(612)432-0899
AUGUST 4,1995
N.W.2d 531 ; State ex rel. Andrews v. Beach, 155 Minn. 33, 191
N.W. 1012 (1923). In the present case, the Minneapolis City Council, fol
lowing the advice of the charter commission and the city attorney, reject-
ed plaintiffs'proposed charter amendment on the ground that it was man-
ifestly unconstitutional. As requested by the United States District Court,
we consider whether an amendment to the Minneapolis city charter limit-
ing the terms of local elected officials would violate Article VII, Section 6
of the Minnesota Constitution.
Article VII, Section 6 of the Minnesota Constitution provides:
Sec. 6. Eligibility to hold office. Every person who by the provi-
sions of this article is entitled to vote at any election and is 21
years of age is eligible for any office elective by the people in the
district wherein he has resided 30 days previous to the election,
except as otherwise provided in this constitution, or the constitu-
tion and law of the United States.
In Pavlak v Growe, this court interpreted article VII, section 6 as estab-
lishing universal eligibility for public office:
This constitutional provision forcefully presents an important
democratic principle —that, all citizens meeting minimal,
unchanging requirements are eligible for the elective positions
that control their government. The opinions of this court applying
Article VII, Section 6, have consistently held that, as a guarantee
of universal eligibility for public office, its standards may not be
made more restrictive by legislative action unless expressly autho-
rized by another constitutional provision.
284 N.W.2d 174,176 (Minn. 1979).
Despite this guarantee of universal eligibility, plaintiffs argue that home
rule charter cities have been delegated broad power by the legislature and
are constitutionally authorized to impose eligibility requirements for
local officials. Plaintiffs first assert that the article VII, section 6 guaran-
tee of universal eligibility "except as otherwise provided in this constitu-
tion ' ' `" is merely a constitutional floor and leaves room for the enact-
ment of additional eligibility requirements. Citing the court of appeals'
opinion in Elbers v. Growe, 502 N.W.2d 810 (Minn. App. 1993), plain-
tiffs further contend that the exception contemplated by the language of
article VII, section 6 is found in article XII, section 3. Under article XII,
section 3, "[t]he legislature may provide by law for the creation, organi-
zation, administration, consolidation, division and dissolution of local
government units ' ' ' and appointive officers including qualifications
for office." Interpreting this provision, the court of appeals in Elbers
examined the constitutionality of a statute requiring that candidates for
the office of sheriff successfully complete peace officer licensing tests.
The court held that because the plain language of article XII, section 3
authorizes the legislature to enact qualifications for local offices, the leg-
islature's enactment of these additional qualifications for the office of
sheriff did not violate the right to seek elective office under Article VII,
Section 6 of the Minnesota Constitution. 502 N.W.2d at 812; 813-814.
Although plaintiffs acknowledge that the court of appeals in Elbers
addressed only whether the legislature could enact additional qualifica-
tions for office, plaintiffs note that under the home rule system, "in mat-
ters of municipal concern, home rule cities have all the legislative power
possessed by the legislature of the state, save as such power is expressly'
or impliedly withheld." State ex rel. Town of Lowell v. City of
Crookston, 252 Minn: 526, 528, 91 N.W.2d 81, 83 (1958). Plaintiffs
assert that under Crookston, if the legislature is authorized by article XII,
section 3 to enact qualifications for office, so too is a home rule city. .
We do not agree that plaintiffs' line of reasoning is dispositive in the
present case. A critical distinction exists between a "qualification" for
office and an "eligibility requirement" for office. A qualification is an ele-
ment of performance requiring a particular ability on the part of the per
son seeking the position, such as physical agility or the attainment of a
particular level of education. We believe that the legislation addressed by
the court of appeals in Elbers established a qualification for office and
fits into this category. Eligibility requirements, on the other hand, have
nothing to do with one's ability to perform the duties of the office in ques-
tion, and include the age and residency requirements established in article
VII, section 6. Clearly, a term limit such as that proposed by plaintiffs is
zn eligibility requirement because it has nothing to do with the particular
person's abiility to perform the job; rather, it is a restriction based on a fac-
tor unrelated to job performance?
v
FINANCE AND COMMERCE APPELLATE COURTS EDITION
that the terms 'eligible* and 'qualification' are interchangeable and that a term limit is
a qualification. Clearly, our analysis of the distinction between an eligibility require-
ment and a qualification is based entirely on the unique language of our own
Minnesota Constitution, which refers to'eligibility" in article VII, section 6, but refers to
`qualifications for office" in article XII, section 3.That the United States Supreme Court
found no similar distinction under the provisions of the federal constitution bears no
weight in the context of our discussion.
Applying this distinction to the present case, we conclude that although
Article XII, Section 3 of the Minnesota Constitution authorizes the legis-
lature to establish qualifications for local office, the provision does not
authorize the legislature to establish eligibility requirements for office.
Because a term limit is an eligibility requirement and not a qualification,
it is not authorized by article XII, section 3 as an exception to the guaran-
tee of universal eligibility under article VII, section 6. We therefore
answer the certified question in the affirmative and hold that an amend-
ment to the Minneapolis city charter limiting the terms of local elected
officials would violate Article VII, Section 6 of the Minnesota
Constitution.
GARDEBRING, Justice (dissenting).
I respectfully dissent. To me, the question requires only a short analysis
of the applicable state constitutional provisions and of our previous cases.
Article XII, Section 3 of the Minnesota Constitution provides:
Local Government; legislation affecting. The legislature may pro-
vide by law ' • ' for ' ' ' elective and appointive officers [of
local governmental units] including their qualifications ! ' '.
(emphasis added). The provision is without limitation; it does not say the
legislature is limited to considering only educational qualifications, resi-
dency requirements or any other specific category. There can he no argu-
ment about whether the legislature can establish the qualifications for
office of locally elected officials. A "term limit" requirement is a "qualifi-
cation," and therefore the legislature would be constitutionally authorized
to adopt the proposed term limit ordinance.
Our previous cases extend this authority to home rule cities, such as
Minneapolis. In State ex. rel. Town of Lowell v. City of Crookston, we
said:
[t]he general rule is that, in matters of municipal concern, home
rule cities have all the legislative power possessed by the legisla-
ture of the state, save as such power is expressly or impliedly
withheld. The adoption of any charter provision contrary to the
public policy of the state, as disclosed by the general laws or its
penal code, is also forbidden. The power conferred upon cities to
frame and adopt home rule charters is limited by the provision
that"such charter shall always be in harmony with and subject to
the constitution of the state." But these limitations do not forbid
the adoption of charter provisions as to any subject appropriate to
the orderly conduct of municipal affairs, although they may differ
from those of existing general laws.
252 Minn. 526, 528, 91 N.W.2d 81, 83 (1958) (citations omitted).
Thus, the legislative powers of a home rule city are limited as follows:
1) its charter provisions must be consistent with the public policy
of the state, and
2) its charter provisions must be in harmony with and subject to
the, constitution and laws of the state.
The majority does not go so far as to suggest that the proposed "term
limits" ordinance is somehow contrary to a plainly understood public pot -
icy. Moreover, because Article XII, Section 3 of the Minnesota
Constitution authorizes the legislature to establish qualifications for
locally elected officials, the proposed ordinance, which establishes a
qualification, is in harmony with the constitution. Rather than deal with
the plain. language of Article XII, Section 3, the majority engages in a
convoluted and arcane argument attempting to distinguish "qualifica-
tione froin "eligibility requirements." Nothing in the state constitution
itself, nor. our previous cases, supports this analysis:
We must afford charter provisions of the kind at issue here the same pre-
sumption of constitutionality as we would apply to a duly enacted.legisla-
tive statute: Guilliams v. Commissioner of, Revenue, 299 N.W.2d 138,
`142 (Minn. 1980). Respondents have not een come close to satisfying
the substantial burden of proof applicable to them in this kind of constitu-
tional litigation. Therefore, I would.answer the certified question in the
negative :'t
dissent cites to a recent U.S. Supreme Court case in support of its proposition
PA :
FtNANCE AND COMMERCE APPELLATE COURTS EDITION
,Y
ANDERSON, Justice (dissenting).
I join in the dissent of Justice Gardebring.
Stringer, J. dissenting.
I respectfully dissent. I would answer the certified question in the nega-
tive.
There is no dispute that appellants fulfilled the procedural requirements
for placing the proposed term limits amendment on the November 8,
1994 ballot. Consequently, I believe the appropriate standard of constitu-
tional review is the same as the standard applicable to a duly enacted leg-
islative statute — the proposed amendment is presumed constitutional.
See State v. Hamm, 423 N.W.2d 379,380 (Minn. 1988) ; Guilliams v.
Commissioner of Revenue, 299 N.W.2d 138, 142 (Minn. 1980).
Accordingly, it may not be stricken unless the challenging party demon-
strates that it is in violation of the constitution beyond a reasonable doubt.
See Hamm, 423 N.W.2d at 380; In re Tveten, 402 N.W.2d 551, 556
(Minn. 1987) ; City of Richfield v. Local No. 1215, Int'1 Ass'n of Fire
Fighters, 276 N.W.2d 42,45 (Minn. 1979) .
Article VII, § 6 of the Minnesota Constitution is the starting point for
determining whether the City of Minneapolis, as a home rule charter city,
was required to place appellants' proposed term limits amendment. the
November 8, 1994 ballot. Article VII, § 6 of the Minnesota Constitution
provides:
Eligibility to hold office. Every person who by the provisions of
this article is entitled to vote at any election and is 21 years of age
is eligible for any office elective by the people in the district
wherein he has resided 30 days previous to the election, except as
otherwise provided in this constitution, or the constitution and
law of the United States.
Minn. Const. art. VII, § 6 (emphasis added). Following the "exception"
clause to the next step, we are lead to Article XII, § 3 of the Minnesota
Constitution:
Local Government; legislation affecting. The legislature may
provide by law for the creation, organization, administration,
consolidation, division and dissolution of local government units
and their functions, for the change of boundaries thereof, for their
elective and appointive officers including qualifications for
office and for the transfer of county seats. A county boundary may
not be changed or county seat transferred until approved in each
county affected by a majority of the voters voting on the question.
��
�uc�T 4,1995;
(emphasis added). The plain language of the proposal simply prohibits;
"fil[ing] to be a candidate for election • • • ", a prohibition that clearly
leaves other avenues open for achieving the office —for example, through
write-in vote or, in some circumstances, by appointment. If the proposed
amendment were in fact an eligibility standard in violation of Minn.
Const. art. VII, § 6, unless encompassed by a constitutional exception, it
would prohibit the taking of office entirely. That is not at all the proposal
we have here.
Minn. Const. art. XII, § 3 (emphasis added).
The legislature, then, has constitutional authority to establish qualifica-
tions for elective office. Further, I am in agreement with the majority that
if the legislature has authority to impose qualifications for elective office,
so too does the City of Minneapolis as a home rule charter city. In State
ex rel. Town of Lowell v. City of Crookston, 252 Minn. 526, 91 N.W.2d
81 (1958), we held
[t]he general rule is that, in matters of municipal concern, home
rule cities have all the legislative power possessed by the legislature
of the state- save as such power is expressly or impliedly withheld.
The adoption of any charter provision contrary to the public policy
of the state, as disclosed by general laws or its penal code, is also for-
bidden. The power conferred upon cities to frame and adopt home
rule charters is limited by the provision that "such charter shall
always be in harmony with and subject to the constitution and laws
of the state." But these limitations do not forbid the adoption of char-
ter provisions as to any subject appropriate to the orderly conduct of
municipal affairs, although they may differ from those of existing
general laws. The adoption of such a charter is legislation.
Id. at 528, 91 N.W.2d at 83 (quoting Minn. Const. art. IV, § 36) (citations
omitted); c •i" . , -. ; : .
My point of departure from the majority is first, its failure to even con-
sider that appellants' proposed amendment does not impose an eligibility
or qualification standard for assuming or holding elective office at all
The proposed charter amendment provides in pertinent part:
-T.: : Notwithstanding any other provision of law to the contrary, no
person may file to be a candidate for election to a term that would
cause the person to serve more than eight consecutive years in the
'_�: office of Mayor or eight consecutive years in the office of City
Council:
Next, sealing the fate of appellants' effort to obtain a public vote on i11
their proposal, the majority proceeds to narrowly define "qualification" ;l
for office under Minn. Const. art. XII, § 3 as "an element of performance
requiring a particular ability" on the part of the candidate for office. 4
Because the term limits provision does not relate to "a particular ability;'
so the majority concludes, it must be an eligibility requirement, thus i
falling outside the parameters of Minn. Const. art. XII, § 3, and "mani-
festly unconstitutional." The majority's entire analysis therefore turns on
the narrow definition it accords the terms "eligible" and "qualification:'
The plain meaning of the terms "eligible" and "qualification" suggests
the terms are virtually interchangeable. In its recent decision striking
down an amendment to the Arkansas Constitution that prohibited the
name of an otherwise eligible candidate for Congress from appearing on
the general ballot if that candidate had already served a specified number
of terms, the United States Supreme Court framed the issue in terms of
"whether the Constitution forbids States from adding to or altering the
qualifications specifically enumerated in the Constitution United
States Term Limits, Inc. v. Thornton, —U.S.—, slip op. at 4 (U.S.,
May, 22, 1995) (emphasis added). Indeed, the Court explicitly refers to
term limits as qualifications. Id., slip op. at 19 ("[t]erm limits, like any
other qualification for office, unquestionably restrict the ability of voters
to vote for whom they wish:'). Similarly, the Court repeatedly uses the
term "qualifications" to refer to the age and residence requirements for
membership in the United States Congress. Id., slip op. at 2 (citing the
"Qualifications clauses" — U.S. Const. art. I, § 2, cl. 2 (establishing
membership requirements applicable to the House of Representatives) ;
U.S. Const. art. I, § 3, cl. 3 (establishing membership requirements
applicable to the Senate) ) ; see also Id., slip op. at 5 (viewing
Constitutional Convention debates as "manifesting the Framers' intent
that the qualifications in the Constitution be fixed and exclusive.")
(emphasis added) ; id., slip op. at 6 (holding "[w]e thus conclude now, as
we did in Powell [v. McCormIck, 395 U.S. 486 (1969) ] that history
shows that, with respect to Congress, the Framers intended the
Constitution to establish fixed qualifications." (footnote omitted) ). The
Court ultimately holds that the challenged term limits amendment impos-
es an additional and unconstitutional "qualification" upon Congressional
candidates, that would effect a fundamental change in the Federal consti-
tutional framework. Id., slip op. at 3, 19.
Moreover, a dictionary definition of the term "eligible" incorporates the
term"qualified." See, e.g., Black's Law Dictionary 521,1241 (6th ed. 1990)
(defining "eligible" as "fit and proper to be chosen; qualified to be elected
• • • " and defining "qualified" as "adapted; fitted; entitled;' • • eligible' •
• ' (emphasis added) ) ; see also Webster's Third New Int'l Dictionary
736,1858 (3d ed. 1961) (defining "eligible" as "fitted or qualified to be cho-
sen or used • • • " and defining "qualified" as "fitted (as by endowments of
accomplishments) for a given purpose: competent, fit • • • eligible • • • •:')
(emphasis added) ) . Common usage of the two terms simply does not war-
rant the bright line distinction in definition the majority gives them, and cer-
tainly falls short of the applicable reasonable doubt standard.
Finally, a petition to place a term limits amendment to the City Charter
on the ballot is the exercise of one of the most fundamental rights of self -
governance — the right of initiative. See generally Richard B. Collins &
Dale Oesterle, Structuring the Ballot Initiative: Procedures that Do
and Don't Work, 66 U. Colo. L. Rev. 47, 53-60 (1995) (discussing the
history and aims of the initiative process and referring to initiatives as
forms of "direct democracy"). Any curtailment of that right should be
exercised with great caution. The majority would deny the right of the
voters of the City of Minneapolis to cast their ballots on this important
issue, hinging its determination on an all too narrow definition of the term
"qualification." I disagree. I do not believe respondents have met their
burden of proof of demonstrating manifest unconstitutionality beyond a
reasonable doubt.
17 .
Supreme Court
-�--,,56
CIN OF
PLYMOUTR
August 16, 1995
Kathy and Richard Jordan
16925 28th Avenue North
Plymouth, Minnesota 55447
Dear Kathy and Richard,
Thank you for taking the time to speak at the Plymouth Forum last evening about
the time period required for removing diseased trees. The City Council referred the issue
to the Council's Tree subcommittee. This group will discuss your concern and make a
recommendation at the nex: City Council meeting, which is September 5. The Council
also granted you an extension on the tree removal deadline until after September 5.
Thanks again for speaking last evening. You will be notified when the Tree
subcommittee meets. Please give me a call on 509-5052 should you have questions.
Sincerely,
%4VC4*-
Kathy
Lueckert
Assistant City Manager
WP l i.stan • Wa .Sn/va • Won rgra
August 16, 1995
Honorable City Council Members
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Sir/Madam:
Thank you for taking time to review this letter. Unfortunately my wife and I are on vacation
Labor Day week so we are unable to attend your public meeting on September 5, 1995
regarding Pike Lake. We request this signed affidavit be read and made part of your agenda
during the 7 P.M. meeting.
Let me introduce myself, my name is Keith Swenson. I am the Pike Lake representative on
Maple Grove's Lake Quality Commission, "LQC". The LQC reports to Maple Grove's city
council and advises council on water quality, monitoring and regulatory issues. I've had lake
access rights to Pike Lake since June 1, 1988. I have also witnessed the decimation of Pike
Lake's water quality and usage. In fact, of the eleven lakes in Maple Grove, Pike Lake now
has the worst water clarity of all our lakes. This was first apparent three years ago when a
pair of loons stopped frequenting the lake. Loons require good water quality and peaceful
nesting habitats in order for them to stay.
A few years ago I introduced myself to Ms. Marie Zechmeister who lives on Deerwood
Circle in Plymouth. I informed her that I was the Pike Lake representative on the LQC.
The main reasons for talking with her were to let her know about the Pike Lake water
monitoring we were doing and to drop off and discuss the booklet on Maple Grove's Surface
Rules and Regulations. At the time, we agreed that the water quality of Pike Lake was
getting worse. Both the cities of Plymouth and Maple Grove agreed to 15 mph daytime and
nighttime speed limits. This was agreed to because of the small size of the lake and how that
related to boating safety. Because of the 15 mph speed limit, we are happy to report there
have been no major personal injury accidents.
My question to the City Council Members of Plymouth is: Do you want to be responsible
for possibly changing the speed limit of Pike Lake, if Maple Grove also approves the
change, which may incur personal injury and/or death to the users of Pike Lake? Pike
Lake's size cannot safely support more than a 15 mph speed limit. When it gets right down
to it, how important is the ability to go faster at the expense of others safety? Please retain
the existing surface rules and regulations.
Sincerely,
Keith L. Swenson
11520 Red Fox Drive
Maple Grove, MN 55369
CZtC� C�2� U i�� i 99
Ira M.HOPPEMSTEO�
MKI-v-F-URZ - MINI MA
VOIN ryu thr v
Rice Lake
Surface Water Regulations
Speed Limit
Daytime Hours
Nighttime Hours
Slow -No Wake
Includes:
a) Any channels and demarked areas
b) Anytime a watercraft is within 100 ft. of:
*Shore
*Swimming area
-E - S,
40 MPH
15 MPH
5 MPH
*Other watercraft
*Persons fishing
Existing Statures:
All city ordinances and Minnesota state statutes regarding boating safety
and operations shall remain in effect.
Public access hours: 6:00 am to 11:00 pm
Pike Lake
Surface Water Regulations
Speed Limit:
Daytime Hours 15 MPH
Nightime Hours 15 MPH
Slow -No Wake 5 MPH
Includes:
a) All channels and demarked areas
b) Anytime a watercraft is within 100 ft. of:
*Shore *Other watercraft
Existing statutes: *Swimming areas *Persons fishing
All city ordinances and Minnesota state statutes regarding boating safety
and operations shall remain in effect.
6
C:AI IPBELL, KNUTSON, SCOTT & FUC:HS, P.A.
Attt,rnc,<,it Llw
Th�nn,i. 1. CamF'hcll
Rtwcr N. Knut>on
Thonm, M. Scott
Gan' G. Fuchs
katnes R. Al;i sttm
Elliott B. Knetsch
Mr. Fred G. Moore, P.E.
Director of Public Works
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
(61 2) 452-5000
Fa\ (612) 452-5550
August 15, 1995
Re: County Road 9 (I-494 to Polaris Lane)
City Project No. 402
Undergrounding Power Lines
Dear Fred:
An.lrc.t X1C11„kkL•II I,UChler
Marthcw K. Brokl
Mar,ucritc M. \lc(' rrun
Getqge T. Stcphmson
AUG
You asked us to give our opinion on whether the City can require NSP to bury the overhead
power lines at its expense in conjunction with this street reconstruction project.
While the law is not clear cut, we believe that the City can require NSP to underground the
lines. As to the cost, NSP can surcharge Plymouth residents for the additional undergrounding
costs. Before doing so, NSP must first obtain approval of the rate surcharge formula from the
Public Utilities Commission (PUC).
DISCUSSION
When a public improvement within a street right-of-way requires the relocation of a utility
line more than 1,000 feet in length, City Code Section 735.05, Subd. 3 requires that the relocated
line be installed underground. Here, County Road 9 is being widened necessitating the relocation of
a segment of a transmission line more than 1,000 feet in length. City Code requires undergrounding
unless one or more of the following three exceptions in the code applies:
(a) the placing of utilities underground would not be compatible with the existing or
planned development;
(b) the additional cost of burying such utilities would create an undue financial hardship;
or
(c) topographical, soil or any other conditions make the underground installation
unreasonable or impractical.
(City Code § 735.05, Subd. 3)
27600
Suite 317 • Eagandale Office Center 9 1380 Corporate Center Curve • Eagan, MN 55121
Mr. Fred G. Moore
August 15, 1995
Page 2
This issue came up in 1984, shortly after the undergrounding ordinance was adopted, in
connection with a County Road 61 project. While NSP questioned the City's authority to require
undergrounding for what it termed aesthetic purposes, it did not object to the requirement. Rather,
its position was that the City must reimburse NSP for the additional cost. As I understand it, the
City did not require undergrounding at that time.
NSP's present general rules and regulations (so called "tariffs") relating to special facilities,
as approved by the PUC (copy attached), provide in part as follows:
B. Public Right of Way
Whenever a governing body of public right of way orders the Company to relocate its
existing distribution or transmission facilities due to construction on said public right
of way, such facilities will be relocated at Company expense, provided the
construction is the most economical, industry -accepted installation designated by the
Company. If the governing body or municipality requests a type of construction with
cost in excess of the Company designated construction, such excess expenditures will
be the responsibility of the municipality or the Company's customers residing within
the municipality.
C. Replacement of Existing Facilities
The Company will replace its existing distribution or transmission facilities upon the
request of a customer, a group of customers or upon lawful order of a municipality.
The benefited customer, group of customers or municipality will be responsible for the
value of the undepreciated life of the existing facilities being removed and removal
costs, less salvage, plus the additional cost, if any, incurred by the Company for costs
in excess a standard installation.
E. Special Facilities Payments (third paragraph)
Where special facilities are requested or required by a municipality and payment is
not made by the municipality, the excess expenditures will be the responsibility of the
Company's customers residing within the municipality and will be recovered from
those customers through a rate surcharge or other method approved by the
Commission.
27600
Mr. Fred G. Moore
August 15, 1995
Page 3
NSP will not want to go through a surcharge rate procedure with the PUC. It will want the
City to reimburse it directly. As stated above, while the law is not clear cut, we believe that the
City can require the undergrounding, with NSP then having the right to surcharge Plymouth rate-
payers using a methodology approved by the PUC.
In 1984, NSP raised the issued of the City's right to impose this undergrounding requirement
when a county road. is being reconstructed. While Minn. Stat. § 163.02 generally gives the County
Board general supervision over county highways, we believe the City's undergrounding ordinance is
applicable for the following reasons:
a) Minn. Stat. § 222.37 provides that utilities in using a public right-of-way are subject
to reasonable regulations imposed by the governing body of any county, town or city
in which the road is located;
b) The City's franchise with NSP (Ord. No. 87-13) defines "public way" to mean any
street within the City and specifically subject the company's facilities located within
public ways to reasonable regulation of the City.
C) County Road No. 9 is a county state -aid road. The City is paying for a significant
part of the project costs and Minn. Stat. § 162.02, Subd. 8 requires City approval of
the project.
I have discussed this matter informally with NSP's legal department. I suggest making a
formal request that they respond to the proposed undergrounding. Please call me to discuss the
matter.
TMS: slc
Enclosure
cc: Mr. Dwight Johnson
27600
Best regards,
CAMPB L, ,KNUTSON, SCOTT
& FU S, A.
By:
M. Scott
CAMPBELL, KNUTSON, SCOTT & FUC.:HS, P.A..
r�tlttfll�\'� ;I[ La11'
Thoma, J. Gtinphell
Roger N. Knut.,,n
Thonrt. \-l. Scott
C.,ary G. Fuchs
Jame. R. W;tkton
Elliott B. Knct>ch f
f
Ms. Barb Senness
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
(61-') 45_'-5000
452-5550
Augus995
AUG 1 S A' -IQ' i�
RE: NOISE STANDARDS
Dear Barb:
9
An,Irc,i \Icl�o%ecll I'ochlcr
\latthew K. Rrokl
\Ltr_ueritc M. McCarron
George T. Stcphcn,on
VIA FACSIMILE AND MAIL
We have been asked to discuss the City's authority to regulate loading and
unloading of trucks. We have also been asked to address regulating impulsive noise.
Our response is as follows:
I. LOADING AND UNLOADING OF TRUCKS
A. Nuisance Provisions
This approach is not recommended because of the extreme difficulty in
enforcement. An example of a nuisance provision is found in the LMC model
noise ordinance: No person shall create loud and excessive noise in loading,
unloading and unpacking any vehicle.
The difficulty lies in trying to convince the trier of fact (judge or jury) that the
noise is "loud" or "excessive". For example, the noise generated by unloading
a truck may be loud, but not excessive, because there is no other way to unload
the truck.
B. Property Line Noise Limits
This is an effective measure for controlling noise from stationary sources. A
decibel limit on noise can be placed at the boundary of the receiving property.
Most often the noise limits are stated in receiving land use (e.g. residential),
and the time of day (e.g. day or night).
27579
Suite 317 • Eagandale Office Center 0 1380 Corporate Center Curve • Eagan, MN 55121
Ms. Barb Senness
August 14, 1995
Page 2
If an ambient noise standard is used, the City may not be more stringent than
the State regulations. If a source noise standard is used, the City may be more
stringent than the State.
C. Source - Distance Noise Limit
This is the most effective way to prevent noise disturbances. This technique
restricts operation of a device or activity within a specified distance from the
source.
The City has recently adopted an ordinance of this type requiring loading docks
to be a specified distance from residential property. That ordinance only
applies to new uses, and does not affect existing uses.
D. Time Limitations
Time limitations can be very effective in controlling both ambient and source
noise generators. The City currently has a time limitation of 10 p.m. to 7 a.m.
(City Code § 2005.01, Subd. 4). This limitation does not apply to loading
docks. The ordinance could be amended to include loading docks. We believe
the time limitations could be increased slightly, say to 8 p.m. to 7 a.m.
II. IMPULSIVE NOISES
Impulsive Noises are defined as:
Subp. 6. Impulsive noise. "Impulsive noise " means either a single sound
pressure peak (with either a rise time less than 200 milliseconds or total
duration less than 200 milliseconds) or multiple sound pressure peaks (with
either rise times less than 200 milliseconds or total duration less than 200
milliseconds) spaced at least by 200 millisecond pauses.
(Minnesota Rules § 7030.0020, Subp. 6)
27579
Ms. Barb Senness
August 14, 1995
Page 3
The City may regulate impulsive noises. We believe the most effective method
would be as described in Section I, B, C, and D, above, or a combination of those
methods.
Please call if you have any questions or comments.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
By: 1 G�
Elliott B. Knefkfi
EBK: slc
cc: Mr. Dwight Johnson
27579