Loading...
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 ---------------------------------------------------------------------------------------------------------- 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 3 4 5 6 7 8 8-B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 12130194 12130194 12130194 113195 119195 119195 1117195 1119195 2127195 216195 219195 2121195 (PFI 311195 3122195 3123195 4118195 4118195 4118195 4119195 4126195 515195 518195 5115195 5115195 5118195 5124195 5129195 515195 5129195 716195 812195 818195 8114195 113195 113195 113195 113195 119195 119195 1119195 1119195 2127195 218195 219195 2121195 311195 3123195 3123195 4118195 4118195 4118195 4119195 4126195 518195 5115195 5115195 5115195 5119195 5125195 612195 616195 616195 7115195 813195 818195 8114195 1113195 1113195 1113195 1117195 1123195 1123195 211195 211195 3120195 (r) 2115195 2116195 317195 3115195 3129195 3130195 4125195 4125195 4125195 4126195 512195 5115195 5125195 5122195 5125195 5130195 612195 6112195 6116195 6116195 7124195 8114195 8118185 114195 1112195 114195 114195 1123195 1117195 211195 211195 3123195 219195 2113195 317195 3117195 3129195 3129195 5112195 4125195 4118195 4121195 514195 5123195 5123195 5117195 5123195 5123195 5126195 616195 713195 618195 7117195 8115195 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 ATTORNEYS' Sensible Staffing Option Qualified Professionals Providing Assistance in • Litigation • Deposition Summaries • Personal Injury •Medical Negligence • Family Law • Probate/Wills • Bankraptcy • Real Estate • Research • Contract Drafting FREELANCE . 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