HomeMy WebLinkAboutCouncil Information Memorandum 08-30-1991CIN OF
PLYMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
August 30, 1991
UPCOMING MEETINGS AND EVENTS....
1. ABSENTEE VOTING HOURS --
open for absentee voting
follows:
Saturday, August 31
Monday, September 2
The Customer Counter will be
for nonregistered voters as
1:00 - 3:00 p.m.
5:00 - 7:00 p.m.
2. LABOR DAY -- Monday, September 2. City offices closed,
with the exception of the customer counter which will be
open for absentee voting as shown above.
3. SPECIAL MAIL BALLOT ELECTION -- Tuesday, September 3.
Mail -in ballots are due by 8 p.m. on September 3 at the
City Center. Unregistered voters may register and cast a
ballot in person at the City Center from 7 a.m. to 8 p.m.
Registered voters may also drop off their voted ballots
from 7 a.m. to 8 p.m.
As of Friday, August 30:
The approximate number of
ballot envelopes received: 12,077
The approximate number of ballots
returned as undeliverable by the
post office: 5,193
Judges will begin accepting and rejecting the mail
ballots at 1:00 p.m. on Tuesday, September 3. The actual
counting of the ballots will begin after the polls close
at 8 p.m.
Election results by precinct will be posted at the City
Center after 8:00 p.m. Results can also be obtained by
watching Cable Channel 37 or by calling 550-5063 (a
recording of elections results).
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATION MEMORANDUM
August 30, 1991
Page 2
4. CITY COUNCIL MEETING SCHEDULE FOR SEPTEMBER:
SEPT. 4 7:00 P.M. SPECIAL COUNCIL MEETING
City Council Chambers
-----------------------------------------------------
SEPT. 16 6:30 P.M. PLYMOUTH FORUM
City Council Chambers
7:00 P.M. REGULAR COUNCIL MEETING
City Council Chambers
--------------------------------------------------------
5. HRA -- Thursday, September 6, 6:30 p.m. The Plymouth HRA
will meet in the City Council Chambers. Agenda attached.
(M-5)
6. TWINWEST CHAMBER "EXPO 91" - Wednesday, September 4,
2:00 - 7:00 p.m. The TwinWest Chamber will hold their
annual Expo at the Sheraton Park Place Hotel in St. Louis
Park. TwinWest Chamber businesses and municipalities
will have booths at the expo. Frank Boyles is serving as
Chair of the Expo 91 Committee. Attached is a flyer on
the Expo. Admission to the Expo and seminars is free.
(M-6)
7. BOARD OF ZONING -- The September 10 Board of Zoning
Adjustments and Appeals has been cancelled.
8. MINNESOTA MILESTONES -- Thursday, September 5. Governor
Arne Carlson invites Minnesotan to help plan the future
in a statewide program called Minnesota Milestones. This
will be a long-range planning effort designed to gain
insight into what Minnesotans think are important
priorities for Minnesota. This meeting will be held at
Normandale Community College, Fine Arts Building, 9700
France Avenue South, Bloomington, MN. The Governor's
public reception will be from 5:00 - 6:00 p.m., followed
by a public meeting with small group discussions from
7:00 - 9:30 p.m. If you have any questions, call
296-3985. (M-8)
9. NORTHWEST SUBURBAN CHAMBER OF COMMERCE -- September 20,
6:30 p.m. The Northwest Suburban Chamber of Commerce
will hold its 34th Annual Dinner at the Medina
Entertainment Center. There will be a cocktail hour from
6:30 - 7:30 p.m., with dinner being served at 7:30 p.m.,
invitation attached. If you are interested in attending,
contact Laurie Rauenhorst before September 9. (M-9)
CITY COUNCIL INFORMATION MEMORANDUM
August 30, 1991
Page 3
10. LEAGUE OF MINNESOTA CITIES REGIONAL MEETING -- Monday,
September 30, 2:30 p.m. The League of Minnesota Cities'
regional meeting will be hosted by the City of Lakeville
at Brackett's Crossing Country Club, 17976 Judicial Road,
invitation attached. If you are interested in attending,
please contact Laurie Rauenhorst to return the
registration form by September 25. (M-10)
11. METROPOLITAN COUNCIL MEETINGS --
a. Public Meeting on Water Supply Issues in the
Metropolitan Area - Tuesday, September 10 at 7 p.m.,
Maple Grove City Hall, 9401 Fernbrook Lane, Maple
Grove. The Metropolitan Council's Environmental
Resources Committee will hold three public meetings
to receive comments on a Council staff report that
suggests a regional approach to water supply.
(M -11a)
b. Public Hearing on Metropolitan Council's proposed
1992 work Program and budget. Thursday, September 12
at 7:00 p.m., Metropolitan Council Chambers, Mears
Park Centre, 230 East Fifth Street, St. Paul. The
Metropolitan Council will hold a public hearing to
receive comments on its proposed 1992 work program
and budget. (M -11b)
C. Planner's Forum on Water Supply Issues in the
Metropolitan Area - Friday, September 13, 9:00 -
11:30 a.m., Metropolitan Council Chambers, Mears Park
Centre, 230 East 5th Street, St. Paul. The forum
will include a staff presentation and discussion of
the staff report on water supply issues in the
metropolitan area. If you are interested in
attending, contact Laurie Rauenhorst. (M -11c)
12. MEETING CALENDARS -- City Center and Council calendars
for September and October are attached. (M-12)
FOR YOUR INFORMATION.....
1. COUNCIL CANDIDATE FILINGS -- Filing for Mayor and the two
Councilmembers seats opened on Tuesday, August 27. To
date, the following individuals have filed for office:
Mayor - Kim M. Bergman, 13930 60th Avenue North
Councilmember - Kieran Anthony Stapleton, 17210 County
Road 6
Filings will close at 4:30 p.m. on Tuesday, September 10.
(I-1)
CITY COUNCIL INFORMATION MEMORANDUM
August 30, 1991
Page 4
2. ELECTION CONTESTS -- At the request of Mayor Bergman, I
contacted City Attorney Thomson regarding procedures
which could be followed by citizens if they desire to
contest the results of the City's September 3 election.
The City Attorney has summarized the statutory
requirements regarding this issue in his letter of
August 28th which is attached. If you have additional
questions regarding this, I would invite you to contact
the City Attorney directly. You will also note that the
Mayor has the authority to appoint a voter for each
precinct to challenge the eligibility of voters. The
Mayor's authority to make such appointments may be
exercised upon receiving a written petition signed by at
least 25 eligible voters. (I-2)
3. PROPOSED AMPHITHEATER -- Attached is a memorandum from
Eric Blank confirming that Northrup King Seed Company has
agreed to donate all necessary seed for the preparation
of the amphitheater. A submittal has been made to Barr
Engineering in an effort to secure a grading permit for
this project. It is anticipated that it will take a week
to ten days before that permit is issued. (I-3)
4. CITY ATTORNEY MONTHLY SUMMARY -- The August client
summary is attached. (I-4)
5. 1992 STREET RECONSTRUCTION UPDATE -- Attached is a copy
of the latest construction update mailed to residents.
(I-5)
6. ASSOCIATION OF METROPOLITAN MUNICIPALITIES -- Attached is
a letter to Bob Long, President of the AMM, concerning
the City's future participation in the organization.
(I-6)
7. LITIGATION - CITY VS. BWBR -- Judge Myron Greenberg has
issued his Order for Judgment on the litigation between
the City and BWBR Architects. This action by the Court
confirms the decision of the jury. A copy of the judge's
order is attached. (I-7)
8. APPEAL FROM CONDEMNATION COMMISSIONERS AWARD -- We
received notice from Mr. Richard J. Gunn, Attorney for
Mr. and Mrs. Jerome P. Begin that they are appealing the
Condemnation Commissioner's award for the taking of
certain right-of-way for the widening of County Road 9
between West Medicine Lake Boulevard and I-494. The
Condemnation Commissioner's award was $180,000, and the
Begin's are seeking something in excess of $350,000. The
right-of-way has subsequently been platted as part of the
Cottonwood Plaza Addition and on the north side as part
of the Rockford Road Plaza.
CITY COUNCIL INFORMATION MEMORANDUM
August 30, 1991
Page 5
9. RESIGNATION FROM BOARD OF ZONING, ADJUSTMENT, AND
APPEALS -- Mayor Bergman has received the resignation of
Mr. Robert Mueller from the Board of Zoning, Adjustment,
and Appeals effective immediately. Mr. Mueller was
appointed to BOZA in February 1990, and held a term
expiring January 31, 1992.
10. SPECIAL LEVY -- Attached is a letter from Hennepin County
Commissioner Tad Jude, concerning approval of a special
levy of $1.00 per capita to cover the extra cost of
redistricting. This provides a 25C per person allocation
to cities over 30,000 population to cover their
redistricting costs. He anticipates the allocation to
the City of Plymouth would be approximately $12,722.00.
(I-10)
11. EHLERS AND ASSOCIATES NEWSLETTER -- Attached is the
August 1991 newsletter from Ehlers & Associates. (I-11)
12. MINUTES•
a. City Council Forum, August 19, 1991. Also attached is
a letter and memo from Chuck Dillerud, responding to
Phil Wencl's inquiry concerning nuisance lighting.
(I -12a)
b. Charter Commission organizational meeting, Tuesday,
July 16, 1991. (I -12b)
c. Plymouth Advisory Committee on Transit, August 14,
1991. (I -12c)
13. CUSTOMER SERVICE LINE -- Documentation on calls received
on the Customer Service Line is attached. (I-13)
14. PLYMOUTH EMPLOYEES:
a. Letter of appreciation to Police Officer Luke Way,
from Kathy Welliver. (I -14a)
b. Memo from Karen Holm to Engineering Personnel about a
compliment received concerning the 1991 Street
Reconstruction Project. (I -14b)
c. Letter from Frank Freels, thanking Police Officer Mark
Bruning for his assistance. (I -14c)
d. Letter from Liz Williams, Lori Ecker, Todd Meyers, and
Cindy Anderson to CSO's and Steve Correll, thanking
them for assistance with the concessions at Parkers
Lake. (I -14d)
e. Letter from Don Chillstrom thanking Police Officers
for their assistance. (I -14e)
CITY COUNCIL INFORMATION MEMORANDUM
August 30, 1991
Page 6
f. Letter from Michael Olson, Minnetonka Director of
Support Services, commending Community Service Officer
Phil Sykes. (I -14f)
g. Letter from Gordy Straka, Secretary of the Wayzata
Volunteer Fire Department, thanking firefighters for
their assistance. (I -14g)
h. Letter from Jim Thomson thanking Blair Tremere for his
past assistance and wishing him future success.
(I -14h)
i. Letter of thanks from Doug Schon, Plymouth Soccer
Association, to Eric Blank, concerning Plymouth's
cooperation over the use of Plymouth city fields.
(I -14i)
15. CORRESPONDENCE:
a. Letter from Maria Vasiliou to Mr. & Mrs. Bruce Willis,
responding to concern about sideyard drainage
correction policy. (I -15a)
b. Letter from Dale Hahn to William Gimble in response to
concern about property taxes and utility billing.
(I -15b)
c. Letter from Marjorie Vigoren to Judy Murray, Manager
of Mallard Point Apartments, responding to concern
about curbside recycling. (I -15c)
d. Letter from Barbara Jablonski, Pollution Control
Specialist, concerning petroleum tank release site
closure at Plymouth Lift Station 29. (I -15d)
James G. Willis
City Manager
m - s
A G E N D A
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
PUBLIC INFORMATIONAL MEETING &
SPECIAL MEETING
September 5, 1991 at 7:00 p.m.
I. Roll Call
II. Approval of Minutes for August 1, 1991 Meeting
III. Public Information Meeting: Receive Public input on City's proposed
Comprehensive Housing Affordability Strategy (CHAS)
IV. Policy regarding Housing Rehabilitation Grant/Loan Program for
applicants requesting an additional grant/loan
V. Interviews with architects proposing to develop a Senior Citizen
Housing Concept Plan
VI. Other Business
VII. Adjournment
(hra/agenda.9-5:dh))
t AUG` 30'91
...........
JOANELL M. DYRSTAD
LT. GOVERNOR
August 22, 1991
Dear Minnesotans:
STATE OF MINNESOTA
OFFICE OF THE LT. GOVERNOR
130 STATE CAPITOL
SAINT PAUL 55155
M-8
�'�(612) 296-2374
P },v
Will Minnesota be a place people want to live in 10 or 20 years? Will our state be a national
leader in many fields or just a few? Will it be crowded? Will we be safe? Will our water
and air be clean?
We have a choice. Minnesota is in a constant state of change and needs to get ahead of and
take charge of that change. Governor Carlson is asking Minnesotans to give us their thoughts
on what kind of state they want in the future. Throughout the next several months, we will
hold 13 public meetings in communities across Minnesota. The program is called Minnesota
Milestones, and its purpose is to develop a strategic long-range plan for the state. The final
product will be a plan for the state that reflects the goals and aspirations of all Minnesotans
and that extends beyond legislative sessions, biennial budgets and political terms.
The first step is listening and information gathering, and this is where I need your help. Your
ideas and concerns will be extremely valuable. I hope you will make a point to attend the
upcoming Bloomington meeting and encourage others to participate. Please bring a young
adult with you to the meeting as they will be implementing and financing the future that we
will be planning.
The Minnesota Milestones meeting will be held on Thursday, September 5, 1991, from 7:00 -
9:30 p.m. at Normandale Community College, Fine Arts Building, 9700 France Avenue South,
Bloomington. The meetings are structured around small group discussions, not public testimony,
in order to obtain a maximum amount of information in a short time. From 5:00 - 6:00 p.m. the
Governor and I will attend a public reception at the college. Please encourage your community
to help plan for our future by attending this important Milestones meeting. If you have questions
about the meeting, contact Jo Maniaci at (612) 296-9016.
Please join me in making a great state even better.
Very truly yours,
Joanell M. Dyrstad
Lieutenant Governor
40M
AN EQUAL OPPORTUNITY EMPLOYER fj ,
[PLEASE POST]
M-6
MINNESOTA MILESTONES:
Choose Your Future
Governor Arne H. Carlson invites Minnesotans to help plan the future.
This statewide program, called Minnesota Milestones, is an 18 month
long-range planning effort designed to gain insight into what
Minnesotans think are important priorities for Minnesota.
Come join your neighbors for small group discussions about your
visions for the future.
Governor's Public Reception 5:00-6:00 p.m.
Public Meeting with Small Group Discussions
7:00-9:30 p.m.
Thursday, September 5, 1991
NORMANDALE COMMUNITY COLLEGE
Fine Arts Building
9700 France Avenue South
(Exit south off 1-494 at France Avenue --
located at corner of France & 98th Street)
Bloomington, Minnesota
011111111
658 Cedar Street
St. Paul, MN 55155
Call 612-296-3985 if you have any questions.
CIM AKS' CI'91
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AUG -111D,91
August 27, 1991
Dear City Official:
rn-1a
I wish to extend a cordial invitation to attend the League of Minnesota Cities' regional
meeting hosted by the City of Lakeville Monday, September 30, at Brackett's Crossing Country
Club, 17976 Judicial Road. We believe the LMC has saved the best for the last regional meeting
of 1991.
The afternoon program will begin at 2:30 p.m. and conclude at 5 p.m. It will focus on
personnel issues, including pay equity/comparable worth, veterans preference in hiring and fed-
eral withholding information (W2's versus 1099's, along with the defined contribution plan for
elected officials.) The presentation regarding pay equity/comparable worth is especially important
now because the law calls for compliance by December 31, 1991. Personnel from the Intemal
Revenue Service will make a presentation on payroll withholdings. You are urged to include
among your attendees the person or persons responsible for your fire department payroll because
the July 1 law regarding Social Security and Medicare will affect salaries earned by firefighters.
The social hour and dinner will begin at 6:15 p.m., followed by the evening session. LMC
President Pete Solinger will discuss the League's goals for the coming year. Included will be a
League video on 1991 legislative decisions, their effect on cities and future implications. A
discussion on the future of property tax relief funding will follow. The meeting will conclude with
door prizes, including a free registration to the 1992 annual conference June 9-12 in Bloomington.
We extend a special invitation to you to tour our new City Hall at 20195 Holyoke Ave. Tours
will be available all afternoon, beginning at 1:30 p.m. and continuing through 4:30 p.m. A map that
points out the location of City Hall and Brackett's Crossing, along with detailed directions for
reaching Brackett's, is printed on the reverse side of this letter. To reach City Hall from 1-35, exit
on Highway 50. From Cedar Avenue, take 202nd Street west.
To make reservations for your city, please return the enclosed registration form as soon as
possible. The first 150 people to register will receive a special commemorative gift. If you must
cancel any registrations, please notify Vicki Ennenga (469-4431, extension 203) by September25.
Your city will be billed for those who do not attend and did not cancel their reservations prior to that
date. We look forward to seeing you on September 30.
Si rely,
M yor Duane aun
Enclosures
Gig, AUG r `�'� �
City of Lakeville
20195 Holyoke Avenue - P.O. Box 957 - Lakeville, MN 55044 - (612) 469-4431 - FAX 469-3815
BRACKETT'S
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TAKE 1-35W TO THE 185TH ST EXIT
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TURN RIGHT ON JUDICIAL ROAD
(JUDICIAL ROAD LEADS TO
BRACKETT'S CROSSING)
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TURN RIGHT AND THEN A OU1CK LEFT ON
KENRICK AVENUE (FRONTAGE ROAD]
GO APPROX. 2 S t/2 MILES NORTH
TURN LEFT ON 185TH STREET (CO RD 64)
GO A LITTLE OVER t MILE
TURN RIGHT ON JUDICIAL ROAD
(JUDICIAL ROAD LEADS INTO
BRACKETT'S CROSSING)
M -i0
Ciao AUG .30'r%ji l
x'11-�0
League of Minnesota Cities
Regional Meeting
Registration Form
city officials from the City of will attend the
regional meeting in Lakeville on Sept. 30, 1991. We agree to pay for these meals
unless the host city is notified of any changes by Sept. 27, 1991.
Names/titles of persons attending:
(Please print or type clearly.
Use reverse side for more names)
Person making reservation:
City:
Phone: (_�
Number of attendees x $10.00 registration fee*_ $
('$10.00 registration fee applies only to the first
10 registrants from your city)
Number of attendees x $12.00 for dinner = $
TOTAL PAYMENT ENCLOSED $
Please make checks payable to City of Lakeville and return with registration form by
Sept. 25 to:
Vicki Ennenga
City of Lakeville
20195 Holyoke Ave.
P. O. Box 957
Lakeville, MN 55044
Handicap access is available. For specific information,
please call Vicki Ennenga at 469-4431.
civ, AUG 30'91
m—iia,
METROPOLITAN COUNCIL
PUBLIC MEETINGS
on
Water Supply Issues in the Metropolitan Area:
A Staff Report
The Metropolitan Council's Environmental Resources Committee will hold three public meetings
to receive comments on a Council staff report that suggests a regional approach to water supply.
This report, Water Supply Issues in the Metropolitan Area: A Staff Report, says the seven -county
area needs the folio -mg:
• a water conservation program;
• a plan to respond to sudden contamination, and to a major drought
like the one experienced in 1988;
• a plan to pursue immediate and long-term alternative sources of
water; and
• a coordinated approach to drawing water from rivers and
underground sources.
You are invited to attend these meetings and offer comments. A summary of the staff report is
enclosed. Free copies of the full report (Pub. No. 590-71-074) are available from the Council's
Data Center by calling 291-8140.
Following the public meetings, staff will draft a regional water supply plan, which is scheduled to
be submitted to the legislature by Feb. 1992.
PUBLIC MEETING INFORMATION:
When/Where: Tues., Sept. 10, 1991, 7 p.m.
Maple Grove City Hall
9401 Fernbroek Ln.
Maple Grove
When/Where: Wed., Sept. 11, 1991, 7 p.m.
Burnsville City Hall
100 Civic Center Pkwy.
Burnsville
When/Where: Wed., Sept. 18, 1991, 5 p.m.
Metropolitan Council offices
Mears Park Centre
230 E. Fifth St.
St. Paul
-over-
How To 1. You may attend one or more of the meetings and offer comments.
Participate: To register in advance to speak, please call Sheryl Corrigan at 291-
6572.
2. You may send a letter with comments, which must be received no
later than Sept. 18, to: Sheryl Corrigan, Metropolitan Council,
Mears Park Centre, 230 E Fifth St., St. Paul, MN 55101.
Questions: Call either Sheryl Corrigan (291-6572) or Gary Oberts (291-6484) of
the Council staff.
A SUMMARY m -iii
Water Supply Issues in the Metropolitan Area:
A Staff Report
The Council staff report suggests a regional approach to water supply. Following are highlights from the
report:
Conservation. Mandatory water conservation would help preserve water resources and postpone the need
to develop new sources. Eliminating wasteful water practices would help make the region self-sufficient,
so it might avoid using possible outside sources such as the Mississippi headwaters reservoirs in northern
Minnesota.
Proposed conservation methods include: public education; metering water consumption for ali users;
changing the pricing policy so that as you use more, the price rises instead of falls; and encouraging
commerce and industry to reuse and recycle water. Large amounts of groundwater could be saved if more
surface water were drawn from the large volumes that pass through the region virtually unused in the
Mississippi River. As reliance on the river increases, however, so should protection from drought or
contamination.
Drought, contamination/alternative sources. Minneapolis and St. Paul, which depend on water from the
Mississippi, are vulnerable to drought and contamination of the river. One response to a drought could be
to draw water from abandoned Mesabi Iron Range mining pits. However, the water would take three
weeks to reach the TIwin Cities.
A quicker response could come from water stored in nearby lakes, such as the Rice Creek or Minneapolis
chain of lakes. Such alternative sources are badly needed for Minneapolis, whose supply comes solely from
the Mississippi. St. Paul has a backup supply from two lake chains, but even it is vulnerable to
contamination.
Wastewater should be reclaimed through additional treatment for uses such as agricultural or golf course
irrigation.
Coordination. To reduce heavy depletion of groundwater in certain areas, the report proposes that cities
share their supplies through interconnected systems.
Planning steps. The report proposes three planning steps. First, the legislature should establish water as
a fifth "regional system" {along with the current systems of sewers, transportation, airports and parks).
This would give the Council authority to integrate the region's water supply and management with regional
growth.
Second, the Council should work with the legislature and Minnesota Department of Natural Resources to
provide more control over how users extract water and handle interruptions of supply.
Third, the Council should prepare a detailed regional program to be carried out by communities in
conjunction with their comprehensive plans. The Council should also look at the region's long-term
growth and its implications for providing water to the developing fringe where water resources are scarce.
Annual funding of $1 million to $3 million for new programs could come from as small a surcharge as one
cent per thousand gallons on the region's water users.
5
''91
METROPOLITAN COUNCIL, Mom Par* Cenbv, 230 E Fifth SG, St Paul, MN 55101 612 291-6359
rn-iib
NOTICE77�
OF
PUBLIC HEARING
METROPOLITAN COUNCIL'S
PROPOSED 1992 WORK PROGRAM AND BUDGET
The Metropolitan Council will hold a public hearing to receive comments on its proposed 1992
work program and budget. You are strongly encouraged to participate in this hearing and provide
the Council with your input on the budget document.
The Council's proposed 1992 work program and budget sets a new financial course for the agency
that emphasizes increased fiscal restraint and stability. It recognizes that the Council is operating
in an environment of diminishing resources where changes in property tax laws and aid allocations
change from year to year. It recommends a plan that enhances the agency's ability to manage in a
time of declining revenues and directs resources to priority issues where the Council's work will
have the greatest impact.
Priorities for the 1992 work program include: 1) transportation, 2) solid waste management,
3) water resources management, 4) revision of the Metropolitan Development and Investment
Framework, 5) promoting shared government services, 6) housing, 7) the 800 -Megahertz trunked
radio project, and 8) parks.
The proposed 1992 budget provides for expenditures of $15,388,933 and a 1992 property tax levy
of $8,610,320.
The public hearing will be held on Thurs., Sept. 12. The hearing record will remain open until
Thurs., Sept. 26. The Council will adopt the 1992 work program and budget on Sept. 26.
Enclosed is a summary of the proposed work program and budget. Copies of the full budget
document are available from the Council's Data Center by calling 291-8140.
PUBLIC ETARING INFORMATION
When:
Thurs., Sept. 12, 1991, 7 p.m. .
Where: Metropolitan Council Chambers
Mears Park Centre
230 East Fifth St.
St. Paul, MN 55101
(over)
C- `S91
M -11b
Who Will Be Notified: Local Officials
Metropolitan agencies
Council advisory committees
Minority and business organizations
Interested persons
How To Participate: 1. You may attend the hearing and offer comments.
To register in advance to speak, please call Jack
Brewer at 291-6456.
2. You may send a letter with comments, which must
be received no later than Sept. 26, to:
Brian Buchmayer, Finance Manager
Metropolitan Council
Mears Park Centre
230 East Fifth St.
St. Paul, MN 55101
Questions: Call Brian Buchmayer of the Council's Finance Division at
291-6567.
O V E R
METROPOLITAN COUNCIL'S
PROPOSED 1992 WORK PROGRAM AND BUDGET
WORK PROGRAM
M -11b
Priorities for the Council's 1992 work program are described below. The 1992 list includes four
new areas—revising the Council's Metropolitan Development and Investment Framework, promoting
shared local government services, completing the region -wide 800 -Megahertz trunked radio
project and parks. Priorities for 1992 include:
• Transportation. The Council's goal is to develop a balanced transportation system for the
region's long-term needs. In 1992, this will include developing a regional transit facilities
plan, identifying ways to improve several major freeway corridors and continuing the dual -
track airport planning strategy.
• Solid Waste Management. The Council will provide leadership in developing a balanced
solid waste management system for the region that protects the environment, is
economically responsible and fosters cooperation among those implementing the system.
Work in 1992 will include working with the metro counties to develop a new process for
siting landfills.
• Water Resources Management. The focus of this priority is to ensure that the region's
water resources are managed effectively as a system for multiple uses. The Council will
prepare a plan to protect and improve management of the region's water supply, and
conduct studies to improve the quality of its lakes and rivers.
• Revision of the Metropolitan Development and Investment Framework (MI)IF). A new
priority is the revision of the MDIF, the Council's plan for promoting orderly development
of the region's physical infrastructure. The work will involve developing regional policies
related to governmental structure and intergovernmental relationships. The focus of the
plan will include the interrelationships of physical and human -service planning.
• Promoting Shared Services. The Council will examine and promote shared services
among local governmental jurisdictions in the region to reduce the cost of providing public
services. The Council will also look for opportunities to share services among the
metropolitan agencies.
• Housing. The Council will revise and update the Housing Chapter of its Metropolitan
Development Guide to make it a more comprehensive plan for the region's housing.
(over)
METROPOLITAN COUNCIL, Mews Par* Centre, 230 F- Fifth St, St. Pain MN 55101 612 291-6359
M -n6
WORK PROGRAM (continued)
800-Me2ahertz Trunked Radio Project. The Council, advised by its radio project task
force, will report to the legislature on the need for and feasibility of a region -wide trunked
radio system, and recommend a governance structure and financing mechanism.
Parks. The major focus of the parks program will be to develop the basis for a regional
trail system.
BUDGET
• The proposed operating budget for 1992 is $15,388,933. This represents a 3.6 percent
decrease from the revised 1991 budget of $15,970,923.
= The largest share of t he Council's proposed budget, 53 percent, will come from a regional
property tax levy. (The proposed levy of $8,610,320 is a 3.87 percent increase over the
1991 levy.) Federal funds will provide 22 percent and other revenues the remaining 25
percent.
• In addition to the proposed budget of $15.4 million for agency operations, the Council
anticipates administering $34.6 million in grants and loans for various federal and state -
funded programs.
• The proposed budget for 1992 supports a full-time complement of 194.45 employees,
compared with the 1991 amended complement of 207.6 FTEs and 3 temporary employees.
This is a reduction of 16.15 FTEs, or 8 percent of the staff complement.
cim AUG 30'91
rn - 11�.
The Metropolitan Council
invites you to a
PLANNERS' FORUM
on
Water Supply Issues in the Metropolitan Area:
A Sta,,Q`' Report
DATE: Friday, Sept. 13, 1991
TIME: 9 - 11:30 a.m.
LOCATION: Metropolitan Council Chambers
Mears Park Centre
230 E. Fifth St.
St. Paul
RSVP: Call Deborah Schreiner of the
Council staff at 291-6401
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COUNCIL CALENDAR: SEPTEMBER 2 - 15
September 1991
September 2 1MONDAY
September 9
LABOR DAY - CITY OFFICES CLOSED
Customer Counter Open 5-7 PM Absentee Voting
September 3
'TUESDAY;>
September 10
!f SPECIAL MAIL BALLOT ELECTION
Council Candidate Filings Close
7:00pm Private Street Task Force
September 4
WEDNESDAY
September 11
2:00pm TwinWest Chamber EXPO 91 - Sheraton
Park 6:45pm PLAN. FORUM
Place
7:00pm PLANNING COMMISSION
7;00pm>SPECIAL COUNCIL MEETING
7:00pm **PACT
September 5
THURSDAY,
September 12
6:30pm HRA PUBLIC INFORMATION MTG
7:00pm PRAC
September 6
FRIDAY '
September 13
September 7
<SATURDAY]
September 14
September 8
SUNDAY
September 15
September
M T W T F S S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
*Revised Meeting/Event **New Meeting/Event
M T W V�TVv.F S S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
8/30/1991
CIM AUG 30'9!
�►-ice
COUNCIL CALENDAR: SEPTEMBER 16 -29
September 1991
September 16
6:30pm PLYMOUTH FORUM
7 m REG. COUNCIL MEETING
MONDAY I
7:00pm CHARTER COMMISSION
September 23
September 17
TUESDAY,>';>
September 24
September 18
WEDNESDAY:
7:00pm PLANNING COMMISSION
September 25
September 19
1 THURSDAYj
September 26
September 20
FRIDAY
6
September 27
September 21
SATURDAY''
12
September 28
September 22
SUNDAY
16 17 18
September 29
September
M T W T F S S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
*Revised Meeting/Event **New Meeting/Event
8/30/1991
G!,A� A Ul G 3 s 1
October
M
T
W T F
S
S
1
2 3 4
5
6
7
8
9 10 11
12
13
14
15
16 17 18
19
20
21
22
23 24 25
26
27
28
29
30 31
8/30/1991
G!,A� A Ul G 3 s 1
m -Ion,
COUNCIL CALENDAR: SEPT. 30 - OCT 13
September -October 1991
September 30
MONDAY
MODAY
October 7
S
7:00pm'REG. COUNCIL MEETING
October 1
€:::::TUESDAY1
October 8
S
7:00pm BOARD OF ZONING
1
October 2
JWEDNESDAYJ
October 9
3
6:45pm PLAN. FORUM
7
8
7:00pm PLANNING COMMISSION
7
October 3
`:THURSDAY...
October 10
13
7:00pm PRAC
10
17
October 4
FRIDAY '
October 11
October 5
JSATURDAYJ
October 12
October 6
SUNDAY.:::
October 13
M
T
September
W T F
S
S
M
T
October
W T F
S
S
1
1 2 3 4 5
6
2
3
4 5 6
7
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28
29
2 1
22
23 24 25
26
27
30
28
29
30 31
*Revised Meeting/Event **New Meeting/Event 8/30/1991
M -ice
COUNCIL CALENDAR: OCTOBER 14 - 27
October 1991
October 14 DAY October 21
16:30pm PLYMOUTH FORUM
FTtMntn RFC; (Y�u, It, �FTTINC; �-�
October 15 U j UhbUAY October 221
October 16 VVkh:IUJN 5UAYJ October 23
7:00pm PLANNING COMMISSION
October 17 1 THURSDAY October 24
October 18rK'uA,�- r October 251
October 19 I sATUR�AY' 1 October 261
October 20 I ' `'SUNUP AY I October 27 1
October
M T W T F S S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
*Revised Meeting/Event **New Meeting/Event
November
M T W T F S S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
8/30/1991
AUG �4:zz`5?
z. -
NOTICE OF CANDIDATE FILINGS
CITY OF PLYMOUTH
Affidavits of Candidacy for election of the office of Mayor and
two Councilmembers of the City of Plymouth may be filed with the
City Clerk commencing on Tuesday, August 27, 1991, through
Tuesday, September 10, 1991, at the Plymouth City Center, 3400
Plymouth Blvd. Filings may be made weekdays from 8:00 a.m. to
4:30 p.m. The City Election is scheduled for Tuesday,
November 5, 1991.
Laurie Rauenhorst
City Clerk
CIM AUG
elm V 23'9,
.TAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
August 28, 1991
Mr. James Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Election Contests
Dear Jim:
. —a
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612)337-9300
AUG 29199" �! j`
r -Ifir ,.i V141;�T1t�M
You asked me to briefly summarize the law concerning election contests. The law
pertaining to election contests is contained in Minnesota Statutes, Chapter 209.
Because Chapter 209 is relatively short, I am enclosing it with this letter. I will
highlight the signficant provisions in the law.
Section 209.02 provides that any eligible voter may contest an election. An election
contest "may be brought over an irregularity in the conduct of an election or canvass
of votes, over the question of who received the largest number of votes legally cast, or
on the grounds of deliberate, serious, and material violations of the Minnesota election
law."
Section 209.03, subdivision 1, provides that an election contest is commenced by
serving a notice of contest, which must be served in the same manner as the service of
a summons in a civil lawsuit. The notice of contest must specify the grounds on which
the contest will be made. For a general election, the notices must be served and filed
within seven days after the canvass is completed, except that if the contest is based
on a deliberate, serious and material violation of the election laws which was
discovered from the financial statements required to be filed by candidates or
committees, the action may be commenced within 10 days after the filing of the
statements.
Section 209.03, subdivision 3, states that when the contest relates to a question voted
on within only one municipality, the municipal clerk is the contestee. The notice of
contest must be filed with the Hennepin County court administrator.
The contestee must respond to the notice of contest in generally the same manner as a
regular civil lawsuit, except that the response must be made within seven days after
service of the notice of contest. Trial and handling of the election contest is generally
the same as a normal civil matter, except that in most cases the process is expedited.
If the contestant succeeds, the cost of the contest must be paid by the contestee; if
the contestee succeeds, the cost of the contest must be paid by the contestant.
e,E�� Nor, 30'91
ALIG ' + ' 91 15: 0E; HOLMES =. GRA EPI P. c T
Mr. James Willis
August 28, 1991
Page 2
You also asked about election challenges. Election challenges are different from
election contests in that election challenges occur while the balloting is taking place.
Minn. Stat. §204C.07, subd. 3 allows the mayor, upon receiving a written petition
signed by at least 25 eligible voters, to appoint one voter for each precinct to act as a
challenger of voters for that precinct. Challenges to a voter's ballot must be made
before the ballot is deposited in the ballot box. Once a challenge is made, it is the
responsibility of the election judges to determine whether the voter is eligible to vote
or, in the case of absentee ballots, whether to receive or reject the ballot.
Please let me know if you have any additional questions.
Sincerely,
t���
mes . Thomson
JJT:jes
Enclosure
PL100-32A
Crr1 AUG '91
5174
209.01 ELECTION CONTESTS
CHAPTER 209
209.01 MS 1957 [Repealed, 1959 c 675 art 13 s ]
209.01 DEFINITIONS.
ter 200 apply to this chapter.
Subdivision 1. In general. The definitions ichapter
eans the
u oses of this ene al, statehapter "statewide
audiitor„office”
stateltreasurer,
Subd. 2. Statewide office. For p rP of the
office of governor, lieutenant governor, atte Y g
or presidential elector.
secretary of state, chief justice ° °Gate justice of the supreme court, judge
court of appeals, United States senator,
History: 1959 c 675 art 10 s 1; 1986 c 408 s 1
209.02 MS 1957 [Repealed, 1959 c 675 art 13 s I
209.02 CONTESTANT; GROUNDS. contest in the man-
eli ible voter, including a candidate, may of any person for whom
Subdivision 1. Any g
ner provided in this chaotvotelifthe
t at person s declared somon or election ei astatewide,elected
countye
the voter had the right t the declared result of a con -
senate or the house of representatives of the Unitedn atanl, or district courtelection. The contest may
legislative, municipal, o °other question voted ucpo election or canvass of votes, over
stitutional amen, in the conduct of an cast, over the number
be brought over an irregularity grounds of deliberate,
question, or on the gr
the question of who received
of orthe aagainst rgest ua q r of votes legal y
of votes legally cast In
serious, and material violations 986 c 408 s Minnesota election law
-
serious
2. [Repealed,
Subd. 3. [Repealed, 1986 c 408 s 131
Subd. 4. [Repealed, 1986 c 408 s 131
Subd. 4a. [Repealed, 1986 c 408 s 131
Subd. 5. [Repealed, 1986 c 408 s 131
Subd. 6. [Repealed, 1986 c 408 s 131
Subd. 7. [Repealed, 1986 c 408 s 131
1986 c 408 s 131 1965 c 81 s 4-6; 1971
Subd. 8• [Repealed, ] 986
History: 1959 c 675 art 10 s 2; 1961 c 607 s 1; 1963 c 7 s s
3 4; 1974 c 312 s 1; 1978 c 674 s 453 s981 c 29 art 7 s 38, 1983 c 303 s 23;
c 733 s 1990 c
c 408 s 2; 1987 c 266 art ] s 64;
209.021 NOTICE OF CONTEST.
mons in civil actions. The notice of
serve
made
Subdivision 1. Manner, time; contents. Service of a notice s. contest must f contest
in the same manner ger as the seryice ch t sumwill
must specify rounds on whrtiestenumerhe a ed in this sectiomade* The n. Notice must ry or spe
notice of the contest on the pas is completed in the case of a p special
s after the canvass is completed in the case of aa
and filed within five days after the canoe t is based on a deliberate, serious, and material
cial primary or within seven day
or general election; except that if a cont
CONTESTS
ELECTION
20g.o6 inspection of ballots.
209.01 Definitions.
209.065 Pleadings; procedure.
209.07 Results of contest.
209.02 contestant; grounds.
Notice of contest-
209.09 APP�s .slative office.
209.10 grate 1
209.021 uo
ional ffice.
209.03 Contestee's answer. ntests. 209.12 Congressional
w
2p9.045 Venue for statewide
the ballots'
209.05 Guarding
1
209.01 MS 1957 [Repealed, 1959 c 675 art 13 s ]
209.01 DEFINITIONS.
ter 200 apply to this chapter.
Subdivision 1. In general. The definitions ichapter
eans the
u oses of this ene al, statehapter "statewide
audiitor„office”
stateltreasurer,
Subd. 2. Statewide office. For p rP of the
office of governor, lieutenant governor, atte Y g
or presidential elector.
secretary of state, chief justice ° °Gate justice of the supreme court, judge
court of appeals, United States senator,
History: 1959 c 675 art 10 s 1; 1986 c 408 s 1
209.02 MS 1957 [Repealed, 1959 c 675 art 13 s I
209.02 CONTESTANT; GROUNDS. contest in the man-
eli ible voter, including a candidate, may of any person for whom
Subdivision 1. Any g
ner provided in this chaotvotelifthe
t at person s declared somon or election ei astatewide,elected
countye
the voter had the right t the declared result of a con -
senate or the house of representatives of the Unitedn atanl, or district courtelection. The contest may
legislative, municipal, o °other question voted ucpo election or canvass of votes, over
stitutional amen, in the conduct of an cast, over the number
be brought over an irregularity grounds of deliberate,
question, or on the gr
the question of who received
of orthe aagainst rgest ua q r of votes legal y
of votes legally cast In
serious, and material violations 986 c 408 s Minnesota election law
-
serious
2. [Repealed,
Subd. 3. [Repealed, 1986 c 408 s 131
Subd. 4. [Repealed, 1986 c 408 s 131
Subd. 4a. [Repealed, 1986 c 408 s 131
Subd. 5. [Repealed, 1986 c 408 s 131
Subd. 6. [Repealed, 1986 c 408 s 131
Subd. 7. [Repealed, 1986 c 408 s 131
1986 c 408 s 131 1965 c 81 s 4-6; 1971
Subd. 8• [Repealed, ] 986
History: 1959 c 675 art 10 s 2; 1961 c 607 s 1; 1963 c 7 s s
3 4; 1974 c 312 s 1; 1978 c 674 s 453 s981 c 29 art 7 s 38, 1983 c 303 s 23;
c 733 s 1990 c
c 408 s 2; 1987 c 266 art ] s 64;
209.021 NOTICE OF CONTEST.
mons in civil actions. The notice of
serve
made
Subdivision 1. Manner, time; contents. Service of a notice s. contest must f contest
in the same manner ger as the seryice ch t sumwill
must specify rounds on whrtiestenumerhe a ed in this sectiomade* The n. Notice must ry or spe
notice of the contest on the pas is completed in the case of a p special
s after the canvass is completed in the case of aa
and filed within five days after the canoe t is based on a deliberate, serious, and material
cial primary or within seven day
or general election; except that if a cont
5175 ELEMON CONTEM 209.03
violation of the election laws which was discovered from the statements of receipts and
disbursements required to be filed by candidates and committees, the action may be
commenced and the notice served and filed within ten days after the filing of the state-
ments in the case of a general or special election or within five days after the filing of
the statements in the case of a primary or special primary. If a notice of contest ques-
tions only which party received the highest number of votes legally cast at the election,
a contestee who loses may serve and file a notice of contest on any other ground during
the three days following expiration of the time for appealing the decision on the vote
count.
Subd. 2. Notice filed with court. If the contest relates to a nomination or election
for statewide office, the contestant shall file the notice of contest with the court adminis-
trator of district court in Ramsey county. For contests relating to any other office, the
contestant shall file the notice of contest with the court administrator of district court
in the county where the contestee resides.
If the contest relates to a constitutional amendment or other question voted on
statewide, the contestant shall file the notice of contest with the court administrator of
district court in Ramsey county. if the contest relates to any other question, the contes-
tant shall file the notice of contest with the court administrator of district court for the
county or any one of the counties where the question appeared on the ballot.
Subd. 3. Notice served on parties. In all contests relating to the nomination or elec-
tion of a candidate, the notice of contest must be served on the candidate who is the
contestee, a copy of the notice must be sent to the contestee's last known address by
certified mail, and a copy must be furnished to the official authorized to issue the certifi-
cate of election. If personal or substituted service on the contestee cannot be made, an
affidavit of the attempt by the person attempting to make service and the affidavit of
the person who sent a copy of the notice to the contestee by certified mail is sufficient
to confer jurisdiction upon the court to decide the contest.
If the contest relates to a constitutional amendment or other question voted on
statewide or voted on in more than one county, notice of contest must be served on the
secretary of state, who is the contestee. If a contest relates to a question voted on within
only one county, school district, or municipality, a copy of the notice of contest must
be served on the county auditor, clerk of the school district, or municipal clerk, respec-
tively, who is the contestee. If the contest is upon the question of consolidation or reor-
ganization of a school district, a copy of the notice of contest must be served on the
county auditor authorized by law to issue the order.
History: 1986 c 408 s 3; 1Sp1986 c 3 art 1 s 82, 1987 c 175 s 16; 1987 c 266 art 1
s 65; 1989 c 291 art 1 s 29; 1990 c 453 s 19
209.03 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.03 CONTESTEE'S ANSWER—
Subdivision
NSWERSubdivision 1. Contest of vote count. If a notice of contest questions only which of
the parties to the contest received the highest number of votes legally cast at the election
or the number of votes legally cast in favor of or against a question, the contestee need
not file an answer, unless the contestee desires to raise issues not specified in the notice
of contest.
Subd. 2. Other contests. For all other election contests the contestee's answer to
the notice of contest must be filed and served on the contestant. The answer must so
far as practicable conform to the rules for pleading in civil actions. If the contest relates
to a primary or special primary, service of the answer must be made within the time
fixed by the court, but no more than five days after service of the notice of contest. If
the contest relates to a general or special election, service of the answer must be made
within seven days after service of the notice of contest. The contestee's answer must
be served in the same manner as the answer in a civil action or in the manner the court
may order. Any other notices must be served in the manner and within the times the
court may order.
History: 1961 c 607 s 2; 1965 c 81 s 7; 1971 c 733 s 5; 1981 c 29 art 7 s 38; 1986
c408s4; 1990c453s20
e�
"91
4 A� v�, "
5176
209.045 ELECTION CONTESTS
209.04
MS 1957 [Repealed, 1959 c 675 art 13 s 11
209.04 MS 1984 [Repealed, 1986 c 408 s 13
209.045 VENUE FOR STATEWIDE CONTESTS• county regarding a state-
If a notice of contest is filed in the district court of Ramsey
the court
thin three days of receipt of the no supreme contest, shall
wide office or constitutional amendment or other question voted on statewide,
administrator of of it and of the answistrict er, if any, to the chief justice of the
submit one copy
three
f the supreme court. If there is a division of opin-
by certified mail. The case must heard and determined in Ramsey county Y
judges assigned by the chief justice
ion, the majority opinion prevails.
History: 1986 c 408 s 5; 1Sp1986 c 3 art 1 s 82
209.05 MS 1957 [Repealed, 1959 c 675 art 13 s 11
209.05 GUARDING THE BALLOTS.
election, up keep a continuous visual guard over the
In any on demand made of the custodian of the ballots and upon notice
the
to the candidate's opponent, a candidate may
guard may be
ballots until the expiration of the timvisual guard1ovgerr the ballot . Thes. In case f g dulytea y be
contestant or contestee may keep aor by their
contestant, 0to the contest. If a candidate,
maintained either by the candidate' time for each party to the
dian of the ballots shall
rized agents, not exceeding guard the ballots, the cus
contestant, or contestee seeks to
are not in the sole custody
he
appoint some suitable
contestant, to uard their agentsts so . of the candidate, 1961 c 607 s 4; 1986 c 408 s 6 �
History: 1959 c 675 art 10 s 3;
209.06 MS 1957 [Repealed, 1959 c 675 art 13 s 11
209.06 INSPECTION OF BALLOTS-
inhnent of inspectors. After a contest has been institutd,i either
Subdivision 1. Appo for trial. The partyrequesting
party may have the ballots inspected before preparing
a verified
ro rly be prepared for trial without an inspec-
an inspection shall file with then district
ct court
o rt where the contest is brought iondesired. A
petition, stating that the case ca P sets of
tion of the ballots and designing ating the precincts in which an in
as many
judge of the court in which the contteesttRisoPend
.on aslare needed to count and
iiesnspect the
three inspectors for a contest of any each of the part
neglects or
the ballots expeditiously. One inspector must be inspectors- If either party gl
those two inspe inspector.
The compensation
t i contest and a third must be chosen byshall appoint the
refuses to name an inspector, the judgeinspection shall file with
of inspector is the same as for referees, unle as otherwise the stipulated.
he contest is in
Subd. 2. Bond, taxing of costs. The party appl! g
in a sum set by the court with suretiesthe
administrator of district court a bond in the sum of $250 if t
the court In other cases the bond shat seeking inspection will pay
a single county. loses the contest.
s; approved by the court, and conditioned that the party
i1. administrative costs and expenses of the inspection if that party the
} bd. 3. Report of inspectors- An inspection must ctorsdhall recanvass the lvotes
�!. Su
s
e rules
presence of the legal custodian of the ballots. The nspe shall make a written report of
or the parties to the contest or' question i law.
w Theye in accordance with r side of
cast f
for counting ballots in the Minnesota elecan dof
the inspection indicating the number of votes cast for each candidate indicating Y
the question in each precinct where the ballots were inspected
uted ballots upon which the inspectors cannot agree.96 c 408 s 7; 1Sp
1986 c 3 art 1 s
P 1961 c 607 s S;
' History: 1959 c 675 art 10 s 9;
82 ,��� av"y"i
'tie. NG
M-
5177 ELECTION CONTESTS 2"M
209.065 PLEADINGS; PROCEDURE.
The notice of contest and any answer are the pleadings in the case and may be
amended in the discretion of the court. The contest proceedings must be brought on
for trial by either the contestant or contestee as soon as practicable within 20 days after
the filing of the notice of contest. The court shall proceed in the manner provided for
the trial of civil actions so far as practicable.
Y•
History: 1986 c 408 s 8
209.07 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.07 RESULTS OF CONTEST.
Subdivision 1. Generally. If a nomination is contested, the court shall decide which
candidate, if any, was nominated and is entitled to be named in print on the official
ballots. When the court decides an election contest for any office other than state sena-
tor or state representative, and the time for appeal has expired or, in case of an appeal,
if the contestant succeeds in the contest, the court may invalidate and revoke any elec-
tion certificate which has been issued to the contestee. If the contest involved an error
in the counting of ballots, the official authorized to issue the certificate of election shall
issue the certificate to the person entitled to it, but if a contestant succeeds in a contest
where there is no question as to which of the candidates received the highest number
of votes cast at the election, the contestant is not, by reason of the disqualification of
the contestee, entitled to the certificate of election.
Subd. 2. Defective ballots. In a contested election, if the court decides that a seri-
ous and material defect in the ballots used changed the outcome of the election for the
contested office, the election must be declared invalid for that office.
Subd. 3. Costs of contest. If the contestee succeeds, costs of the contest must be
paid by the contestant. If the contestant succeeds, costs of the contest must be paid by
the contestee; except that if the contestee loses because of an error in the counting of
ballots or canvass of the returns or because of any other irregularity in the election pro-
cedure, costs must be paid, in the discretion of the judge, by the election jurisdictions
responsible for errors which resulted in the reversal of the prior results of the election.
History: 1961 c 607 s 6; 1971 c 733 s 6, 1986 c 408 s 9; 1986 c 444
209.08 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.085 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.09 MS 1957 [Repealed, 1959 c 675 art 13 s 1 ]
209.09 APPEALS.
Subdivision 1. Most contests. If the decision of the district court in any contest
under this chapter is appealed, the appellant shall file in the district court a bond of
$500 for the payment of all costs incurred by the respondent if appellant fails on the
appeal. Except for a statewide contest or a state legislative contest, the notice of appeal
must be served and filed in the court of appeals in the case of a general or special elec-
tion no later than ten days and, in the case of a primary or special primary, no later
than five days after the entry of the district court's decision in the contest. The record
on appeal must be made, certified, and filed in the court of appeals within 15 days after
service of notice of appeal. The appeal may be brought on for hearing in the court at
any time, upon notice from either party, as the court determines; and may be heard and
determined summarily by the court.
Subd. 2. Statewide offices and questions. Section 209. 10, subdivision 4, applies to
a contest regarding a statewide office, a constitutional amendment, or other question
voted on statewide. A copy of the supreme court's decision must be forwarded to the
contestant and the contestee.
History: 1959 c 675 art 10 s 10,• 1961 c 607 s 7,• 1971 c 733 s 7,• 1981 c 29 art 7 s 38;
1983 c 247 s 91; 1986 c 408 s 10, 1986 c 444; 1987 c 200 s 1; 1990 c 453 s 21
.1. Gita AUG 3'3'91
E
i
209.10 ELECTION CONTESTS 5178
209.10 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.10 STATE LEGISLATIVE OFFICE.
Subdivision 1. Notice in legislative contest. In a legislative contest, the court
administrator of district court, within three days of receipt of the notice of contest, shall
submit one copy of it to the chief justice of the supreme court by certified mail. The
court administrator shall also submit one copy of the answer, if any, to the chief justice
by certified mail within three days of receipt.
Subd. 2. Judge selection. In cases where an unfair campaign practice is alleged,
within five days of receipt of a notice of contest, the chief justice shall submit to the
parties a list of all the district judges in the state, except those involved in a trial that
would interfere with serving as a judge in the election contest and those whose health
precludes serving as judge in the election contest. Within two days after receiving the
list of judges the parties shall meet together and, by alternating strikes they shall remove
the names of all judges until only one remains. If no unfair campaign practice is alleged,
the parties shall follow the same procedure using only the names of judges of the judicial
district or districts covering the area served by the contested office. If the contestant
does not proceed within the time provided for in this section, the action must be dis-
missed and the judge shall transmit a copy of the order for dismissal to the chief clerk
of the house of representatives or the secretary of the senate, as appropriate.
Subd. 3. Duties of court. Within 15 days after notice of contest has been filed, the
judge shall convene the proceeding at an appropriate place within the county, or, if the
district includes all or portions of more than one county, a county within the legislative
district, and hear testimony of the parties under the ordinary rules of evidence for civil
actions. The judge shall decide the contest, issue appropriate orders, and make written
findings of fact and conclusions of law. Unless the matter is appealed to the supreme
court, the judge, by the first day of the legislative session, shall transmit the findings,
conclusions, orders, and records of the proceeding to the chief clerk of the house of rep-
resentatives or the secretary of the senate, as appropriate.
Subd. 4. Appeal. The judge's decision may be appealed to the supreme court no
later than ten days after its entry in the case of a general election contest or five days
after its entry in the case of a primary contest. The record on appeal must be made, cer-
tified, and filed in the supreme court within 15 days after service of notice of appeal.
The appellant shall file in the district court a bond of $500 for the payment of respon-
dent's costs if appellant fails on appeal. The appeal from an election contest relating
to the office of state senator or representative takes precedence over all other matters
before the supreme court. A copy of the decision must be forwarded to the chief clerk
of the house of representatives or the secretary of the senate, as appropriate.
Subd. 5. Legislative hearing, procedure. In hearing a contest, the house or senate
shall proceed as follows:
(a) At the time appointed, the parties shall be called, and, if they appear, their
appearance shall be recorded.
(b) If the presiding officer is a party, a speaker pro tem must be elected to preside.
(c) The contestant shall submit evidence first, followed by the contestee, and the
contestant shall open the argument and close the argument after the contestee has been
heard.
(d) The vote upon the contest must be viva voce, any member may offer reasons
for an intended vote, and a majority of the votes given decides the issue. No party to
the contest may vote upon any question relating thereto.
(e) The clerk or secretary shall enter the proceedings in the journal.
Subd. 6. Not a limitation. This chapter does not limit the constitutional power of
the house of representatives and the senate to judge the election returns and eligibility
of their own members.
History: 1959 c 675 art 10 s 7; 1961 c 564 s 6; 1961 c 607 s 8; 1971 c 733 s 8; 1986
c 408 s 11; 1986 c 444; iSp1986 c 3 art I s 82
y�
5179 ELYXMON CONTESTS 209.12
209.11 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
209.11 MS 1984 [Repealed, 1986 c 408 s 13]
209.12 MS 1957 [Repealed, 1959 c 675 art 13 s 1]
' 209.12 CONGRESSIONAL OFFICE.
When a contest relates to the office of senator or a member of the house of represen-
tatives of the United States, the only question to be decided by the court is which party
to the contest received the highest number of votes legally cast at the election and is
f therefore entitled to receive the certificate of election. The judge trying the proceedings
shall make findings of fact and conclusions of law upon that question. Evidence on any
other points specified in the notice of contest, including but not limited to the question
of the right of any person to nomination or office on the ground of deliberate, serious,
and material violation of the provisions of the Minnesota election law, must be taken
and preserved by the judge trying the contest, or by some person appointed by the judge
for that purpose; but the judge shall make no findings or conclusion on those points.
After the time for appeal has expired, or in case of an appeal, after the final judicial
determination of the contest, upon application of either party to the contest, the court
administrator of the district court shall promptly certify and forward the files and
records of the proceedings, with all the evidence taken, to the presiding officer of the
senate or the house of representatives of the United States. The court administrator
shall endorse on the transmittal envelope or container the name of the case and the
name of the party in whose behalf the proceedings were held, and shall sign the endorse-
ment.
History: 1963 c 682 s 2; 1986 c 408 s 12; 1986 c 444; 1Sp1986 c 3 art 1 s 82
209.13-209.22 MS 1957 [Repealed, 1959 c 675 art 13 s 1 ]
z-3
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 27, 1991
TO: James G. Willis, City Manager
FROM: Eric J. Blank, Director of Parks and Recreation (FE
SUBJECT: PROPOSED AMPHITHEATER
This is to confirm that the Northrup King Seed Company has agreed to donate
all necessary seed for the preparation of the amphitheater. This appears to
be the last piece of the puzzle toward getting this project substantially
completed using primarily donated resources.
A submittal has been made to Barr Engineering who represents the Watershed
District, in an effort to secure a grading permit for this project. I
anticipate that it will take another week to 10 days before that permit is
issued. At that time we will commence the project.
I will keep you and the Council informed as progress is made on this effort.
EB/np
e AUG 'g
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota SS402
Telepbone 012/537-9300
CL IENT SUMMARY
City of Plymouth August 20, 1991
3400 Plymouth Blvd.
Plymouth, MN 55447
T- LI
-------------------------------------------------------------------------
FED. I. D.
41-1225694
Matter
Services
Disb.
Total
11
Frosecution Office Time
6,270.00
463.36
$6,733.36
12
Prosecution Court Time
3,150.00
131.55
$3,281.55
22
Police Officer Training
0.00
23.10
$23.10
* 24
Plat O p i r, i o n s
722.00
E.60
$730-80
29
HRA
695.25
0.29
$695.54
* 32A
General - Administration
2, 075. 75
105.21
$2,180.96
* 32CD
General - Community Development
479.75
0.00
$475.75
* 32F
General - Finance
42.75
0.00
$42.75
* 32FR
General - Park and Recreation
275.50
0.00
$275.50
* 32PS
General - Public Safety
1,306.25
0.00
$1,306.25
* 32PW
General - Public Works
2,112.00
86.62
$2,200.62
37
County Road 6 Eminent Domain
85.50
66.79
$152.29
Project 250
42
Codification
676.00
172,00
$846.00
43
Claims - General
47.50
0.00
$47.50
45
v Begin (Cottonwood Plaza)
114.00
66.88
$182.88
51
v Larry Begin
57.00
17.19
$74.19
65
Complaint Draft
2,996.00
14.30
$3,010.30
71
Schmidt Lake Road Eminent Domain -
85.50
18.64
$104.14
Project 705
'"
t^ 9
HOLMES & GRAVEN
CHARTERED
•70 Pillsbury Center, Minneapolis, Minnesota SSM
Telephone 612/337-9.900
CL IENT SUMMARY
City of Plymouth August 20, 1991
3400 Plymouth Blvd.
Plymouth, MN 55447
FED. I. D. 41-1225694
M4
76
Rockford Road Plaza TID
185.25
2.12
$187.37
92
City v. BWBR Architects, Inc.
879.50
31.37
$910.87
97
McGraw Condemnation (Project 948)
826.50
0.00
$826.50
98
Northwest Truck Sewer Condemnation
1,377.50
10.32
$1,387.62
(Project 014)
107
Library acquisition Project 103
1,595.75
122.02
$1,717777
108
3131 Fernbrook Lane N. - Hazardous
19.00
0.00
$19. GO
Building
109
City v. J Begin (Drainage Pond)
237.50
19.71
$257.21
111
Prime West Business Park Project
38.00
0.00
$36.00
111
112
Charter Commission
11096.00
12.00
$1,110.00
113
Stahl Construction Co. v City
2,436.75
160.00
$2,596-775
114
Northwest Blvd EAW
2,275.25
9.60
$2,2'84-85
115
Hennepin County v Hickock
95.00
1.87
$96.E7
-------------------------------------------------------------------------
C1ient PL 100 Totals:
Client
$32,254.75
$1,547.74
-----------
$33,602.49
*Retainer Credit:
(14.00)
Total:
$33,788.49
I' 5�
rP 1992 Street Reconstruction
A bulletin from the City of Plymouth, Number 1, August 26, 1991
Every two years the City of Plymouth undertakes a citywide street evaluation to identify areas that are in
need of street reconstruction. The consultant recently completed the evaluation. Streets in two areas --
one residential and one commercial/industrial -- were tentatively identified for reconstruction in 1992.
You are receiving this bulletin because you own property in one of the affected areas.
The residential area is referred to as Districts 1, 8, and 9. It is located south of Highway 55, east of the
west city limit, north of 30th Avenue North, and west of Dunkirk Lane. The commercial/industrial area is
referred to as District 2. It is south of Highway 55, east of 1-494, north of County Road 6 and west of
Xenium Lane.
Informational meetings for affected property owners will be held in September. A public hearing before
the Plymouth City Council is tentatively scheduled for October. You will be notified in writing of these
meetings.
While you will learn more about specific plans for your area and have a chance to offer feedback at the
informational meeting and public hearing, we want to provide you with some general background before
then. We also want to give you an idea of the general type of work which is tentatively planned for your
area. Keep in mind, this is preliminary information and the type of work done on each street will differ
according to need.
Street reconstruction
The street reconstruction program is undertaken each year in areas of the City which are identified through
a city-wide street evaluation survey. Reconstruction extends the life of streets by repairing minor defects
before they become major. In some cases the street may be rebuilt. In other cases, the street may be
resurfaced.
Work tentatively planned for each area
Districts 1, 8, and 9 are residential neighborhoods served by 33 foot wide streets with concrete curb and
gutter and storm sewer. These districts will receive street reconstruction consisting of:
Partial Reconstruction - Crews remove all the bituminous surfaces between the existing concrete curbs.
The granular base is removed and stockpiled for reuse. Next 1-1/2 feet of subgrade material is removed
and a geotextile fabric is placed. Drain the is installed along with a sand filter layer. Then the salvaged
crushed rock is replaced along with two layers of bituminous.
Resurfacing - In some cases, only resurfacing may be required. For resurfacing, l 1/2 inches of
bituminous is milled off and all cracks are filled. Any smaller areas that have severe cracking are removed
and replaced. A new layer of bituminous is then installed over the entire road surface.
r � t
1-50
Curb and Gutter, Storm Sewer Repair - All existing concrete curb and gutter that has deteriorated or fails
to cant' drainage will be replaced or raised. Also, any storm sewer in need of repair will be taken care of
at this time.
Boulevard and Driveway Restoration - All boulevard areas and driveways that are disturbed will be
restored to their a xisting condition.
District 2 is a commercial/industrial area. The streets were built to accommodate heavier traffic loads,
however, they do not have concrete curb and gutter. New concrete curb and gutter is proposed to be
installed along with the same reconstruction or resurfacing techniques which are done in the residential
area. However, in District 2, the layers of sand, gravel and bituminous will be thicker to accommodate
heavier traffic.
For more information
if you have questions, please call Senior Engineering Technician Dan Campbell at 550-5073.
Ci- AUG 34=`91
August 28, 1991
Mr. Bob Long
President
Association of Metropolitan
Municipalities ,
183 University Avenue East
St. Paul, MN 55101
Dear Bob:
{ aN of
PLYMOUTFF
2- 4:0
Our City Council was recently discussing the matter of the
various organizations to which the City belongs. During that
discussion, the Council indicated its concern with the cost of
our participation in these organizations, particularly in light
of the continuing fiscal constraints being placed upon us by the
Legislature.
The Council voted 3-2 to continue the City's participation in the
AMM for 1992. The closeness of this vote should serve as a
warning that the AMM does not enjoy unanimous support here in
Plymouth.
One factor of concern to all members of our Council is the manner
in which dues are structured for both the League of Minnesota
Cities and the AMM. We understand that the LMC dues hereafter
will be calculated upon population estimates, rather than the
federal census. This will obviously cushion the "shock" that
comes to those communities which grow substantially over a period
of a decade. I presume the AMM dues will continue to be
structured as a percentage of the LMC dues.
I am enclosing for your information extracts from the City
Council meeting minutes of August 5 at which time this matter was
discussed. If you have any questions about the City Council's
actions, please feel free to contact me.
Yours truly,
v�-
es G. Willis
Ci y Manager
JW: ec
Mayor & City Council
Vern Peterson, Executive Director - AMM
ALIS:
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Regular Council Meeting T__
August 5, 1991
Page 305
rian Lokkesmoe, 2415 Walnut Grove Lane, ated
t fic speed has recently increased an
reque ed approval of the petition.
Staff was ected to conduct sp d checks on
25th Avenue at lnut Grove Lan .
MOTION was made by Co cilm er Helliwell,
seconded by Councilmembe itur, to adopt INSTALLATION OF
RESOLUTION NO. 91-455 I TION OF STOP SIGN, STOP SIGN
for an "All Way" stop 25th A ue and Walnut Item 8-T
Grove Lane.
Motion carried o a roll call vote, five es.
MOTION was de by Councilmember Zitur, seconde RESOLUTION 91-456
by Counci ember Helliwell, to adopt RESOLUTION UTHORIZING EAW ON
NO. 91- 6 AUTHORIZING PREPARATION OF S IDT LAKE ROAD
ENVIR NTAL ASSESSMENT WORKSHEET (EAW) SCHMIDT FROM 494 TO
OAD FROM I-494 TO VICKSBURG LANE, CITY VICKSBUR
P JECT NO. 907. PROJECT NO. 07
it
* _
Motion carried on a roll call vote, five ayes.
Manager Willis presented a report on the City's
participation in the League of Minnesota Cities
(LMC), Association of Metropolitan Municipalities
(AMM), Municipal Legislative Commission (MLC),
and the Suburban Rate Authority (SRA). He
outlined the dues for 1991 and 1992, as well as
the applicable withdrawal dates should the
Council decide to withdraw membership from one or
more of the organizations.
Councilmember Vasiliou stated the City continues
to belong to the LMC because of the insurance
provided; however, she questioned what the
insurance alternatives are.
Manager Willis stated the LMC dues are based on
population of the City. Through the last year,
the 1980 population was used to determine the
City's membership dues. This year the 1990
population was used which results in a large
increase. He stated that lobbying is the primary
and sole function of the MLC. The other three
--organizations provide many other services, in
addition to lobbying.
CIM AUG
Regular Council Meeting
August 5, 1991
Page 306
Manager Willis stated that he feels there is
value to each of the organizations, but if the
Council decides to reduce the number of
memberships, he recommended memberships be
maintained in the following order: LMC, AMM, SRA,
and MLC.
Councilmember Helliwell stated this is a
difficult decision because each of the
organizations have a different emphasis on
different issues.
Councilmember Ricker suggested that a letter be
send to each of the organizations that a cap
needs to be placed on the dues or Plymouth will
not be able to continue membership in future
years.
Councilmember Zitur suggested that membership in
one organization be discontinued for next year.
MOTION was made by Councilmember Zitur, seconded
by Mayor Bergman, to continue the City's
membership in the League of Minnesota Cities and
the Suburban Rate Authority during 1992.
Motion carried four ayes; Councilmember Vasiliou
nay.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Helliwell, to continue the
City's membership in the AMM and MLC, and to
direct staff to send letter to the organizations
indicating that the City takes serious objection
to the dues increases and unless dues are capped,
Plymouth may not continue those memberships.
Attorney Thomson stated the SRA and MLC are joint
powers agreements that the City entered into.
The City must follow the bylaws. The LMC and AMM
are voluntary organizations.
Motion was made by Councilmember Ricker, seconded
by Mayor Bergman, that a letter also be sent to
the SRA that Plymouth is resigning its membership
from the SRA effective 1-1-93.
Motion carried on a roll call vote, four ayes,
Vasiliou nay.
Membership
and SRA
Item 8-V
in LMC
Withdraw
Membership from
SRA effective
1-1-93
Item 8-V
Regular Council Meeting
August 5, 1991
Page 307
Councilmember Vasiliou stated her no vote
reflects her opposition to remaining in the
Suburban Rate Authority this year. She stated
the City Manager should have made the Council
aware of this membership renewal so the City
could have withdrawn this year.
Manager Willis stated the Suburban Rate Authority
membership was presented to the Council earlier
in the year and no objections were received so
membership was renewed.
MOTION was made by Councilmember Zitur, seconded
by Councilmember Ricker, to split the vote on
continuing the membership for the MLC and AMM.
Motion carried, four ayes, Councilmember Vasiliou
nay.
Motion to continue
carried, Helliwell,
and Bergman nays.
Motion to continue
carried, Helliwell,
and Bergman nays.
the MLC membership for 1992
Ricker, Zitur ayes; Vasiliou
the AMM membership for 1992
Ricker, Zitur ayes; Vasiliou
Motion was made by Councilmember Helliwell,
S nded by Councilmember Ricker, to adopt
RESOL ION NO. 91-457 APPROVING ADOPTION OF
CAPITAL INPROVEMENTS PROGRAM, 1991-1995.
Councilmember-melliwell stated she supports the
overall program, mlt opposes the Schmidt Lake
Road construction.
Motion carried on a roll�all vote, five ayes.
Manager Willis stated the Courwqil previously
directed that staff submit poss e means of
l
financing for the proposed expansa of the
existing City Center building. He s ted there
are three options for financing: 1) Gbleral
obligation bond sale, 2) Existing City reerves,
and 3) Combination of general obligation bo d
sale and use of reserves. Finance Director
has indicated there are sufficient reserves to
pay the estimated cost of the project.
1- to
RESOLUTION 91-457
CAPITAL
IMPROVEMENTS
PROGRAM 1991-1995
Item 8-W
City Center Space
Needs Report -
Financing Options
Item 8-X
'N� QiiU ". � l
JOHN M. LEFEVRE, JR.
Attorney- at Law
Direct Dial(612)337-9218
August 28, 1991
Mr. James Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: City v. BWBR
Our File No. PL100-92
Dear Jim:
z7
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612)337-9300
Facsimile (612) 337-9310
2,9
rfi�j
I am enclosing for your information and that of the mayor and
council a copy of the Findings of Fact, Conclusions of Law and
Order for Judgment in the BWBR matter, along with a copy of the
Special Verdict. Please let me know if you have any questions.
Very truly yog;s,
hn M. LeFlevre,
JML:sd
Enclosures
1-7
STATE OF MINNESOTA - ^-} DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
City of Plymouth, _;`.;, File No. 90-21902
Plaintiff,
VS.
FINDINGS OF FACT,
CONCLUSIONS OF LAW AND
ORDER FOR JUDGMENT
BWBR Architects, Inc.,
Defendant.
The aboire-entitled matter came on for trial before the
Honorable Myron S. Greenberg, one of the judges of the above-
named court, and a jury impaneled at the general term of the
above-named court, commencing on August 15, 1991 at the Hennepin
County Government Center in Minneapolis, Minnesota. The trial
continued through August 19, 1991. After final arguments and
charge, the case was submitted to the jury on a special verdict
on August 19, 1991, a copy of which is attached hereto as Exhibit
A.
Based upon the special verdict, the court makes the
following Findings of Fact, Conclusions of Law and Order for
Judgment.
FINDINGS OF FACT
I.
That the jury by its special verdict answered the question
submitted to it as follows:
1. That BWBR'is not entitled to payment .from the City of
Plymouth for its.work performed in the preparation of
construction documents.
=-7
II.
The Court adopts the verdict of the jury as its findings
herein.
CONCLUSIONS OF LAW
1. That BWBR is not entitled to payment from the City of
Plymouth for its work performed in the preparation of
construction documents.
ORDER FOR JUDGMENT
That judgment is hereby granted in favor of Plaintiff City
of Plymouth.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:
JKB
BY THE COURT:
STATE OF MINNESOTA
COUNTY OF HENNEPIN
City of Plymouth,
Plaintiff,
VS.
BWBR Architects, Inc.,
Defendant.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
File No. 90-21902
SPECIAL VERDICT
Is BWBR entitled to payment from the City of Plymouth
for its work performed in the preparation of construction
documents?
C
Yes or No
�G l %i
Foreperson on behalf of Unanimous Date
Jury
If after six hours of deliberation, five of you agree
to a verdict, the five in agreement should sign below noting the
date and time of the verdict.
Date:
Time.
Exhibit A 4
TAD JUDE PHONE
COMMISSIONER 348-3084
BOARD OF HENNEPIN COUNTY COMMISSIONERS
2400 GOVERNMENT CENTER
MINNEAPOLIS, MINNESOTA 55487
August 21, 1991
Jim Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Jim:
On Tuesday, August 20th, the Hennepin County
Board approved a special levy of $1.00 per
capita to cover the extra cost of
redistricting this year. This provides a 25
cent per person allocation to cities of over
30,000 population to cover their
redistricting costs. I expect that the
allocation to the City of Plymouth would be
approximately $12,722.00.
I appreciate your input on this issue.
Please let me know if I can be of assistance
to you on issues of mutual concern.
Sincerely,
I�
gar +>4jae' 10-11– or,— &Cr� -
AUS
Ehlers and Associates, Inc.
LEADERS IN PUBLIC FINANCE
NEWSLETTER
/ n
tib -�
OFFICES IN MINNEAPOLIS, MN • WAUKESHA, Wl • JAMESTOWN, ND
VOLUME 36, •NUMBER 2 !"
FILE: Financial Specialists: Ehlers and Associates, Inc.
Please distribute to governing body members
AUGUST, 1991
Tax-exempt interest rates continue to be very
attractive for municipal borrowers and will likely
remain attractive for issuers through the end of the
year. This trend should continue since budget
shortfalls could limit the issuance or supply of long-
term municipal debt and increased taxes could
increase the attractiveness of municipal debt or
demand to buyers. Both factors should help
municipal bonds remain attractive for issuers.
NATIONAL ASSOCIATION OF INDEPENDENT
FINANCIAL ADVISORS CERTIFY SIX MEMBERS
OF EHLERS AND ASSOCIATES.
The National Association of Independent Public
Finance Advisors is an organization of professionals
specializing in providing financial advice to public
agencies for infrastructure financing, long-term
capital improvements, marketing of debt issues and
other financial advisory engagements. The seventeen -member association, opened last year, brings together
leading independent firms from across the United States to concentrate efforts on improving service, support to
and protecting the best interests of public agencies.
At its annual meeting in June, six members of Ehlers and Associates were recognized as charter certified
independent public financial advisors. They include Steven F. Apfelbacher, Carolyn Drude, William E. Fahey,
Jana Ristamaki, Seegar W. Swanson and Jeanne Frederick Vanda. This recognition reflects highly on their skills
and on the Association's motto "Professional advice, independent of conflict", the most important component in
the public finance process for transforming ideas into reality.
IRS REIMBURSEMENT REGULATIONS EFFECTIVE SEPTEMBER 7, 1991
Public agencies traditionally have been allowed to issue bonds to reimburse themselves for capital
expenditures they paid from funds on hand, even if they did not pass a resolution stating their intention to
do so. These bonds have been labeled "pyramid bonds" meaning an issuer could go back far enough in
time to reimburse itself for building the Egyptian pyramids. Pyramid bonds are viewed by the IRS as a way
for public agencies to earn arbitrage or avoid other tax limitations or restrictions. In other words, the public
agency issues debt for a project it had no intention of issuing debt, paying itself back and investing the
bond proceeds at a higher interest rate on the bonds or financing public improvements that could not be
financed by tax-exempt debt.
2950 Norwest Center • 90 South Seventh Street • Minneapolis, MN 554024100 • 612-339-8291 • FAX 612-339-0854
,�ti Alli � x`91
July, 1991
January, 1991
Regional Index - 10 year
6.30%
0.51%
Bond Buyer Index - 20 year
7.10%
7.09%
Revenue Bond Index • 30 year
1 721%
1 7.32%
agencies for infrastructure financing, long-term
capital improvements, marketing of debt issues and
other financial advisory engagements. The seventeen -member association, opened last year, brings together
leading independent firms from across the United States to concentrate efforts on improving service, support to
and protecting the best interests of public agencies.
At its annual meeting in June, six members of Ehlers and Associates were recognized as charter certified
independent public financial advisors. They include Steven F. Apfelbacher, Carolyn Drude, William E. Fahey,
Jana Ristamaki, Seegar W. Swanson and Jeanne Frederick Vanda. This recognition reflects highly on their skills
and on the Association's motto "Professional advice, independent of conflict", the most important component in
the public finance process for transforming ideas into reality.
IRS REIMBURSEMENT REGULATIONS EFFECTIVE SEPTEMBER 7, 1991
Public agencies traditionally have been allowed to issue bonds to reimburse themselves for capital
expenditures they paid from funds on hand, even if they did not pass a resolution stating their intention to
do so. These bonds have been labeled "pyramid bonds" meaning an issuer could go back far enough in
time to reimburse itself for building the Egyptian pyramids. Pyramid bonds are viewed by the IRS as a way
for public agencies to earn arbitrage or avoid other tax limitations or restrictions. In other words, the public
agency issues debt for a project it had no intention of issuing debt, paying itself back and investing the
bond proceeds at a higher interest rate on the bonds or financing public improvements that could not be
financed by tax-exempt debt.
2950 Norwest Center • 90 South Seventh Street • Minneapolis, MN 554024100 • 612-339-8291 • FAX 612-339-0854
,�ti Alli � x`91
The IRS Is proposing new regulations to be effective as of September 7, 1991. The regulations will require four
general operating requirements be met before a reimbursement will be allowed to be made from bond proceeds.
These requirements are as follows:
1. The issuer must declare its intent to reimburse the proposed expenditures from tax-exempt proceeds
(official intent period);
2. The intent must be declared during the two-year period ending on the date the expenditure Is paid
(official intent period requirement);
3. The reimbursement of the expenditure (issue of debt) must be made no later than one year after the
date the expenditure was paid or one year after the property was placed in service, whichever Is later
(official reimbursement period requirement); and
4. The reimbursed expenditure must be for property having a reasonable expected economic life of at least
one year (economic life requirement).
Generally, the procedural requirement can be satisfied by a resolution from the public agency. The resolution
must adequately describe the property or project and identify the reasonably expected source of funds that will
be used to pay the reimbursement expenditure and the reimbursement bonds. These IRS restrictions will impose
conditions on borrowing transactions that have been very routine for many issuers. Consult your financial advisor
If there Is a possibility that tax-exempt debt will be issued for any expenditure prior to the undertaking of any
project. If a temporary bank loan has been secured prior to undertaking the project, then these restrictions will
not apply and the issuance of the debt is viewed as a refunding.
If you have any questions about pyramid bonds and/or the proposed reimbursement regulations, feel free to call
any of the accounts executives at Ehlers and Associates.
EHLERS AND ASSOCIATES, INC.
Steven F. ApfWaer
President
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FORUM
AUGUST 19, 1991
1. Jim Malone, 14064 Rice Lake Circle, stated he understands
the Council's concerns relating to potential City liability
in allowing deer hunting, but encouraged the Council to
allow deer hunting by permit. He explained that the City of
Long Lake has allowed limited bow and arrow deer hunting for
several years where the landowner must release the City from
liability. He suggested that Plymouth limit hunting to
parcels of 10 acres or more.
Councilmember Ricker asked whether the Long Lake permit
limits a hunter to a specific parcel of property. Mr.
Malone stated that the permit includes a land description of
where hunting is allowed under the permit.
Councilmember Helliwell asked why some people consider bow
hunters more responsible than gun hunters. Mr. Malone
stated that bow hunters are closer to their target. They
take fewer, but more effective shots.
2. Phil Wencl, 3900 Glacier Place, asked whether the City has
an ordinance regarding nuisance lighting. The property at
3131 Vicksburg Lane, has flown a flag since February or
March. The flag is lit 24 hours per day by a mounted light
on the corner of the building. This is a nuisance to
abutting residents.
Manager Willis stated staff will check the situation and
report back.
3. Mary Ann McCoy, Director of the Ethical Practices Board,
discussed the Ethics and Elections Reform Act of 1991 which
is applicable to cities over 50,000 in population. She
described the history of the Ethical Practices Board since
its inception in 1974 and stated that the Board has 99
percent voluntary reporting compliance from candidates and
lobbyists.
Ms. McCoy stated that two of the most common questions that
cities reaching 50,000 population have is "When does a city
officially reach 50,000 population as it relates to
reporting requirements under the Act?" and "Who is a local
official?" She noted that the City Attorney has advised the
City Council on both questions. She has read his opinion
and believes it is appropriate. She stated that the
required disclosure form is minimally intrusive and is
classified as public data under the Minnesota Data Practices
Act.
;.:41 f91
v. s :4
FORUM - AUGUST 19, 1991
Page 2
Manager Willis asked if it would be appropriate for the
Council to adopt a policy for implementation of the Act in
Plymouth including a designation of "local officials." Ms.
McCoy stated - yes.
(iiiri AUC6 �t i
I-Iaa..
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 29, 1991
TO: Jim WilliDommunity
anager
FROM: Chuck Di l Development Coordinator
SUBJECT: LIGHTING OF FLAGPOLE AT 3131 VICKSBURG LANE
In response to the citizen complaint at the City Council Forum of August 19,
1991 I notified the occupant at 3131 Vicksburg Lane of a probable lighting
violation by a letter of August 23, 1991. I have attached a copy of that
letter.
Following the Planning Commission meeting last night (August 28, 1991) I
visited the site and found the light illuminating the flagpole was not on. I
will continue to monitor the situation as evening meeting schedules have me in
the neighborhood. Hopefully, the property owner will modify his flag lighting
consistent with my suggestion, and the issue will be resolved permanently.
attachment
(cc/cd/jw:dh)
CMS; AUG X0'91
August 23, 1991
General Manager
Kurt Gear, Inc.
3131 Vicksburg Lane
Plymouth, MN 55447
SUBJECT: LIGHTING OF FLAG POLE AT 3131 VICKSBURG LANE
Dear Sir:
At the Plymouth Forum prior to the Plymouth City Council meeting on August 19,
1991 a citizen requested the City investigate the lighting of your flag pole
for a possible violation of the Zoning Ordinance or City Code regarding
nuisances. The City Council has directed investigation of the alleged
violation.
I have personally observed the lighting of your flag pole on several
occasions. It appears you light the flags with a high intensity, large
diameter lamp attached to the roof of your building.
While I certainly commend your patriotism in lighting your flags during night
time hours rather than removing the flags as you otherwise would have to do, I
am advising you that the Plymouth Zoning Ordinance in Section 8, Subdivision G
provides that exterior lighting, such as flood lights, as differentiated from
general illumination, shall not be visible at any property line.
Since I can clearly distinguish the light that is illuminating your flag from
the background lighting of the area as I leave the parking lot of City Hall at
3400 Plymouth Boulevard, I do not think there is much question that the method
that you have selected to light your flag pole is in violation of the Zoning
Ordinance performance standards in the I-1 Zoning District. I have enclosed
a copy of the Zoning Ordinance criteria.
I am certainly not suggesting that you eliminate the lighting of your flag
pole. I am however requesting that you modify your lighting methods to
preclude the unmistakeable glare that you have created offsite. The most
common method for flag lighting is a "post light" located immediately under
the flag pole and shining directly skyward at the flag. The glare from such a
light is not discernable beyond property lines.
Pending modification of your lighting method you should discontinue use of
your lag light imme 'ate y.
Thank you for your cooperation in this matter. Please feel free to contact me
at 550-5059 with any questions.
Sincerely
Charles E. Dillerud
G
Community Development Coordin o>^
�-'
gnnn P1 vnnnl ITN RnUI FVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000
MINUTES OF ORGANIZATION MEETING
CITY OF PLYMOUTH
CHARTER COMMISSION
TUESDAY, JULY 16, 1991
I. Call to Order. Pursuant to an invitation and call from James Willis, City
Manager of the City of Plymouth, a copy of which was placed on file, the
organizational meeting of the City of Plymouth Charter Commission was held
on Tuesday, July 16, 1991, in the Council conference room of the Plymouth
City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota. The meeting was
called to order by Mr. Willis at 7:00 p.m.
II. Roll Call. Upon roll call the following members were present: Bobra,
Bujold, Crain, Foley, Ford, Milner, Peterson, Patterson, Schneider, Singer,
Speck, Tierney, and Wirth, and the following members (who had indicated
their inability to attend to Mr. Willis prior to the meeting) were absent:
Pribble, Duntley. Also present were David J. Kennedy, attorney with the
firm of Holmes & Graven, and Frank Boyles, Assistant City Manager.
Mr. Willis then made opening remarks, congratulating the members on their
appointment, and offering to provide necessary services to the Commission.
Willis indicated that there were several meeting rooms available to the
Commission in City Center and that barring conflicts with other groups, all
rooms were available to the Commission.
It was agreed by Commissioners that the tentative meeting agenda circulated
with the notice of the meeting be followed.
h13P,H;�= S31J-10H cc t -T T6. _ _ 5AH
III. Election of Temporary Chair. The next order of business was the election
of a temporary Chair. Moved by Foley, seconded by Bujold, that Tierney be
elected temporary Chair. Motion carried without dissent. Tierney assumed
the duties of temporary Chair. It was further agreed by consensus that
Kennedy act as temporary Secretary.
IV. Filing of Oaths and Acceptance. The next order of business was the filing
of oaths and acceptance of office. Upon inquiry of the Chair all members
present indicated that they had returned their respective oaths of office
and acceptances of office to the District Court. The Secretary was
instructed to file copies of those documents in the official records of the
Commission. The Chair then declared that the Charter Commission was duly
organized subject to the adoption of by-laws.
V. Adoption of Temporary By-laws. The next order of business was the adoption
of temporary by-laws. Kennedy briefly described the contents of the draft
temporary by-laws circulated with the notice of the meeting, pointing out
that i) the temporary by-laws should be adopted at this meeting and finally
adopted in permanent form with recommended changes at the next regular
meeting; and ii) that the date and time of regular meetings should be
inserted in the temporary by-laws at this time.
Moved by Bujold, seconded by Crain that the temporary by-laws as presented,
but without meeting date and time, be adopted. Motion carried without
dissent.
Discussion then ensued about meeting dates and times. Bujold moved that
the Commission meet on the 25th of each month, seconded by Ford. Wirth �,_.:
='d
I431'-',Hd5 _ S31,1 -11--)H ,=E:tT Tr,. __ _Inti
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moved to amend to 3rd Wednesday of each month at 7:00 p.m., seconded by
Ford. On the question, the motion lost..
Moved by Schneider, seconded by Singer that the regular meetings be held on
the second Monday of each month. Motion carried without dissent. Moved by
Schneider, seconded by Singer, that regular meetings commence at 7:00 p.m.
Motion carried without dissent.
VI. Staffing and Financial Arrangements. The next order of business was a
discussion of staffing and financial arrangements for the Commission.
Kennedy outlined the provisions of the law that provide that the City is
obligated to provide at least $1,500 annually to support the Commission and
is authorized to provide additional funding at the request of the
Commission. Kennedy indicated willingness to provide staff and legal
services to the Commission through Holmes 6 Graven. Schneider questioned
whether it is necessary to have the attorney present at all meetings
suggesting that perhaps City staff could provide secretarial services.
Tierney expressed desire to have the attorney present for the first few
meetings of the Commission. Willis indicated that City secretarial support
could be provided. Kennedy stated that a budget of $5,000 for the balance
of 1991, assuming a regular meeting schedule and use of the attorney as
staff, was reasonable.
i
Bujold asked Kennedy if there was any inherent or potential conflicts of
interest for the same law firm representing the City and the Commission.
Kennedy stated that there was no inherent conflict since a close working
relationship between the City and the Commission, working toward a common
goal, was contemplated by the statutes controlling Charter Commissions, but'- C'
,� t131""O&D Y• S31ncIH t-c::rT Tr.: _� `_;iiH
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that a situation could arise where the bodies had opposing views. Foley
pointed out that if such a conflict arose the attorney would be obliged to
withdraw from representing either or both of the bodies. Kennedy
concurred.
The Commission then agreed by consensus to a suggestion by Crain that the
attorney prepare a budget for consideration at the next regular meeting
showing i) costs utilizing City staff for some functions and ii) costs
utilizing the attorney as staff without City staff support.
VII. Discussion of Future Work Program. The next order of business was a
discussion of the future work program of the Commission. The Chair !
requested Kennedy to give an overview of the Commission's powers and duties
and to outline the areas of study it could follow. Kennedy reviewed the
following points:
his personal background and experience in the area of home rule
charter commissions and procedure;
the role of the Charter Commission, pointing out that:
a) the Commission was not obligated to recommend the adoption
of a charter;
b) its primary duty is to determine the desirability of
adopting a charter;
c) the Commission is under no time constraint in its
deliberations;
d) if a charter is adopted the Commission has a continuing
obligation to review and consider amendments to the charter;
and
e) that ultimately the voters of the City must approve the
charter and any amendments to it.
i
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0T ',: N3Njj E.I S31T1,_-)H t'c : thT T6: vII IH
a suggested approach might be to:
a) study thoroughly the present statutory form of government to
determine what changes, if any, are necessary;
b) conduct hearings to get a sense of the general public
feeling about the necessity of adopting a charter;
c) consult with the City Council and City staff since they are
the persons who must operate under whatever form of
government is recommended; and
d) if the decision is to go forward with recommending a
charter use the League of Cities model charter as the basic
working document.
usual areas of study are:
a) wards v. at large representation;
b) composition of City Council;
c) election procedures and dates;
d) form of government (e.g., Mayor - Council, Council -
Manager;
e) internal finance.
areas preempted by state law are:
a) pension systems;
b) liquor regulation;
c) courts;
d) eminent domain;
e) most financing devices.
things to be avoided:
a) variation from long established statutory procedures (e.g.,
special assessments, financing);
b) archaic forms of government '(e.g., commission, weak Mayor
system);
c) independent commissions (e.g., civil service, public
utilities);
d) single issues.
TT'd
v AUG 309 1
S31.nOH b :: b T TE..
Kennedy concluded by stating that the drafting of a charter is analogous to
the framing of a constitution and should therefore be approached in an
unhurried, deliberative manner, avoiding detail, and keeping in mind that a
charter is a blueprint for the future.
There ensued a discussion of the need for committees to study various
aspects of a proposed charter. The general consensus was that the
appointment of committees should await a determination of the desirability
of recommending the adoption of a charter. Foley moved, Milner seconded,
that the subject of appointment of committees be considered again at the
next meeting. Motion carried without dissent.
There ensued a discussion of the reasons for reactivating the Charter
Commission. Tierney reviewed the activity of the Plymouth League of Women
Voters in stimulating interest in charter study.
There ensued a discussion about the future work program. Moved by
Schneider, seconded by Bobra, that the City Council be invited to appear at
the next Commission meeting to discuss its views relating to a charter and
to describe generally how the City works. Motion carried without dissent.
Moved by Schneider, seconded by Singer that appropriate members of the Citi
staff be invited to appear at the next meeting to present, together with
descriptive written material, an overview of the present City
administrative structure. Motion carried with Foley voting no. Moved by
Schneider, seconded by Singer that the staff presentation precede the City
Council presentation. Motion carried without dissent.
T -d
GIM AUG �"'91
1]3i-,HJ5 t: =.31,110H SE -t -T T6. 271' °MIH
There ensued a discussion of steps to be taken to insure publicity about
the Commission's activities to interested parties, including the City
Council, various citizen groups and the media. Willis stated that the City
newsletter and cable casts would be used and that the press would be
notified of the Commission meetings. Kennedy suggested that unapproved
minutes of Commission meetings be sent to the City Council at the same time
the minutes are circulated to the Commission and was directed to do so.
A discussion ensued about scheduling the August meeting of the Commission
in view of various vacation plans, conflicts and Council staff
availability. Moved by Singer, seconded by Crain, that the August meeting
would be held as a special meeting on Monday, August 26, and that the
September meeting would be held as a special meeting on Monday, September
23 and the the regular September and August meetings be cancelled.
Willis stated that he would circulate Chapters 3 and 4 of the League of
Cities Handbook for Minnesota Cities containing a comparison of statutory
and home rule charter cities to Commission members. Copies of Minnesota
Statutes, Chapter 412, governing statutory cities were distributed to
members present (Willis indicated that copies would be sent to absent
members.)
PN' AUG
T',� P1311 -'%t tlSl S3W�C1H �_ : bT Tr., _ _ `:u IH
VIII.Ad ourn. There being no further business to come before the Commission,
the Commission adjourned at 8:45 P.M.
Respectfully submitted,
ay
David J. Kennedy .
PL100.MIN
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CII' AUG30'91
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MINUTES
PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
AUGUST 14, 1991
PRESENT: Joe Edwards; Peter Tulkki, Nancy Holter; representing
Morley Bus Company - Dennis Ridley, Paula Ness;
representing MTC - Steve Jaeger, Steve Mahowald, Hugh
Hudson; representing Plymouth - Frank Boyles
I. APPROVAL OF JULY 17, 1991 MINUTES
The minutes were approved as submitted.
II. REVIEW OF RIDERSHIP STATISTICS
A. Dial -A -Ride - July
Dennis Ridley stated that July figures show a major
improvement in Plymouth Dial -A -Ride. Recovery ratio
for the service was 15.4%, which is the highest yet
achieved for the system. There were 2,192 passengers
with a total program cost of $17,066, and total
revenues of $2,625.85. The total July system cost was
$14,440.40. Rides per hour were at 2. 6, the average
trip length was 7.11 miles, and the subsidy per
passenger was $6.59.
B. Northeast Metrolink - June and July
The Committee reviewed the June and July ridership
statistics for Northeast Metrolink. The average daily
ridership for June was 310. This compares with 243 in
June 1990. For July, the ridership is varied between
285 average daily riders to 326. A monthly average
will be calculated by the City.
C. Southwest Metrolink - June and July
The Committee reviewed the June and July ridership
figures for Southwest Metrolink. The average for
commuter service was 285 passengers per day in June.
In July, the daily average passenger load varied
between 266 and 290. A month long average will be
calculated by the City.
D. Route 92 Reverse Commuter - June and July
The average daily ridership on the reverse commuter
route was 58 passengers in June. In July, average
number of passengers on a daily basis was between 51
and 59 passengers.
010 AUG d 0'91
I- IaC-
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
August 14, 1991
Page 2
III. FOLLOW UP ITEMS FROM PREVIOUS MEETIN
A. Status of Route 92 Improvements and Rerouting of 93B
93C, 93H, and 93A - Steve Mahowald reported on the
status of Route 92 changes. He stated he had reviewed
the 7:30 a.m. reverse commuter starting time and had
moved that route up five minutes. He indicated that
on September 30, 93A will be revised so that for the
8:30 arrival, it arrives 5 minutes earlier downtown.
Route 93B will be revised to provide service on
Pilgrim, rather than Lancaster Lane. Route 93C will
be revised to use Old County Road 9, rather than new
County Road 9, between Zachary and Revere Lane. The
purpose of these changes is to expand the customer
service area. Route 93H no longer go door to door at
Honeywell since it is not at the end of the route.
B. TDM Project - All 18 employers have been contacted and
have returned their surveys. The response rate is
565, or just over 4,000 of 7,200 total employees
returning their surveys. The survey results are being
keypunched. A drawing will be held to determine who
will receive the various prizes.
C. Super Saver Outlet for Route 3/Cooper Super Value -
Bill Wilken has sent an information packet to Cooper
Super Value representatives. He has talked with
Cooper Super Value officials who have not yet made a
decision about offering convenience fares
D. Safety Issue - Highway 55 Park and Ride Lot - The
yellow striping has been installed at the entry to
regulate traffic exiting the lot in the evening. A
small tree has grown on the south side of the
driveway, which is site obstruction for motorists.
The suggestion was made that the tree be removed.
E. Improvements to Four Seasons Park and Ride Lot - The
bus pull overs have been excavated and the sub -base
installed. No curbs have been installed as of yet.
Both sides are to be sufficiently long to store two
minicoaches and two full-size vehicles at the same
time.
F. Route 93A, 7.40 a m and 5.10 p m Capacity Issues --
Based upon review of the July ridership statistics,
the capacity question is not an issue. This item will
held until fall to see whether ridership increases
create a capacity problem again. The suggestion was
made that riders are shifting from later routes to
earlier ones during the summer to get home earlier.
MINUTES - PLYMOUTH ADVISORY COMMITTEE ON TRANSIT
August 14, 1991
Page 3
G. Route 91, 4.35 and 5.10 Double -Header Problems --
Steve Jaeger stated that they have found it virtually
impossible to keep the two vehicles together. While
they will continue to try, they are hoping to mitigate
this concern by guaranteeing that the appropriate
number'of vehicles are available as scheduled.
H. Route 93A 8.20 Bus Inability to Serve 8.30 a.m.
Downtown Work Starts -- Steve Mahowald stated that
this bus will be rescheduled five minutes earlier
beginning September 30 in hopes of responding to
customer concerns. He stated that he had conducted a
number of time studies and found that the vehicle
consistently gets downtown earlier than its scheduled.
IV. IDENTIFICATION OF NEW AREAS OF CONCERN OR RECOMMENDATION
PACT members mentioned that the recent pick provided a
very good group of drivers serving Route 91 and 93. This
includes both MTC and Morley drivers.
Committee members suggested that schedules be distributed
on the bus during the week before the September 30
schedule change. A sign should also be installed on the
fare box to remind riders to ask for a schedule.
Steve Jaeger will check to see when the new Route 91 and
93 schedules will be available. Steve Mahowald reported
that the Route 92 schedule showing the revised times will
be available one week before the scheduled changes on
September 30.
The next meeting is scheduled for September 11 at 7 p.m. in the
Plymouth City Center building.
FB:kec
cry Rte X0'91
1-13
CUSTOMER SERVICE LINE
August 22, 1991
KAY AWLES, 10005 47TH PLACE NORTH, 550-1106 (HOME). 888-5611
(WORK)
PROBLEM: Ms. Awles had contacted the City during the day (not
on the Customer Service Line) a few days earlier to
report that the street light in front of her house was
burned out. She called back on the Customer Service
Line to ask that it be followed up on to see why it
had not yet been replaced.
SOLUTION: Apparently Ms. Awles was not aware that the City does
not replace street lights and that we report them to
NSP or Wright -Hennepin Electric for repair and that
repairs often take some time. The Communications
Coordinator transferred the call to Public Works
Director Fred Moore via voice mail to ask that he or
someone on his staff follow up with Ms. Awles.
kclu j'� `91
W -19 -TY..
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 27, 1991
TO: Fred Moore, Public Works Director
FROM: Helen LaFave'\' ommunications Coordinator
SUBJECT: CALL ON THE CUSTOMER SERVICE LINE
Last Thursday, August 22, I copied a call on the Customer Service
Line from Kay Awles, 10005 - 47th Place North, 550-1106 (home),
888-5611 (work) to you. Ms. Awles reported that she had called
the Engineering Department the previous week to report that the
street light near her house was burned out and needed to be
replaced. She called back on the Customer Service Line to ask
that it be followed up on to see that it had been reported. In
copying the message to you, I asked that you or someone on your
staff get back to Ms. Awles to confirm with her that it had been
reported and to explain that the City is not the entity which
replaces street lights and that we report out lights, but it is
the responsibility of the electric company to replace them. I
have not heard back as to whether Ms. Awles received a response
form your department. Could you please let me know about this by
Wednesday, August 28.
Thanks.
HL:kec
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CUSTOMER SERVICE LINE
August 22, 1991
DAVID ZILINGER, 3745 ROSEWOOD LANE, 559-2495
PROBLEM: Mr. Zilinger needed his water shut off in order to
make some repairs to the valve below the water meter.
SOLUTION: Communications Coordinator transferred the message via
voice mail to Water Supervisor Bob Fasching. Bob
reported back the same day that a water crewmember had
been dispatched to the Zilinger residence and the
water had been shut off so that the resident could
make a repair to the water valve located below the
water meter. The water service was resumed after the
work was done.
.2- I y o� •
We urge you to get more information on Alzheimer's disease.
Compliments of Alzheimer's Disease Research, 15825 Shady Grove Rd., Suite 140, Rockville, MID 20850
R�:
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MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: August 29, 1991
TO: AllEngineering Personnel
FROM: �1ioim , Secretary
SUBJECT: COMPLIMENT
1991 STREET RECONSTRUCTION PROJECT
I received a call from a lady (who did not identify herself) today. She
started out the conversation with "would you like a compliment." She
went on to say that she is very impressed with the "good job" McCrossan
is doing on the Reconstruction Project. She said they are using a truck
to sprinkle the sod today.
She said she and her neighbor both feel that McCrossan is doing a much
better job than the "company" that had the Reconstruction Project last
year did. She also said that she would write a letter, but she just
does not have the time right now.
I told her we do not receive many compliments and that I would be sure
to tell everyone about her phone call!
TIS
XC. J,w+ w; Ws
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Distinction in Design, Inc.
14264 23rd Avenue North, Plymouth, Minnesota 55447 • 612/550-1138 • FAX 612/550-1349
August. 23, 1991
Mr. Jim Willis
City Manager of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Jim,
I want to thank your staff for the prompt service I
received today from Patrolmen Mark Bruning, badge #762.
Unfortunately, I locked my keys in my car and had no
available extra set. Patrolman Bruning was understanding,
professional, and is a credit to our community.
Sincerely,
=aL;4AZ
Frank H. Freels
President
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August 26, 1991
Chief Richard Carlquist
Plymouth Police Department
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Chief Carlquist:
On the evening of July 9, 1991, my family had an incident which
required the assistance of your Community Service Officer Phil
Sykes. Our family dog ran out the door from our house on Quaker
Lane around 10:00 p.m. While searching for the dog, my wife came
across CSO Sykes at the Holiday Plus parking lot. She explained
the situation to him. A short time later, he called us with a
possible location of our dog. I checked on the possibility that
the dog was ours, but found out it belonged to someone else. At
approximately 12:30 a.m., CSO Sykes called to say that our dog had
been struck by a car and killed. I was very impressed with how
CSO Sykes spoke to me on the phone and for his genuine concern
over how my wife would take the unfortunate news.
I am sure that CSO Sykes had no idea I was involved in the field
of law enforcement. I want you to know what a fine job he did in
handling our call for service.
I apologize for the delay in this letter, but my family was on
vacation until recently. Please extend my thanks and admiration
to CSO Sykes for the way he handled this situation.
Sincerely,
Richard W. Setter
Chief of Police
'%/'q�/'Oo az_
--Michael R. Olson
Director of Support Services
MRO/ j s
the police department is located at 14600 minnetonka boulevard minnetonka, minnesota 55345-1597
office: (612)-939-8500 fax: (612)-939-8245
DIZE
WAYZATA FIRE DEPARTMENT
600 RICE STREET
WAYZATA, MINNESOTA 55391
(612) 473-0234
Paul Klapprlch
Chief
Kevin Klapprich
Assistant Chief
Justin Anderson August 22, 1991
Captain
Jack Dorfer
Lieutenant Dear Fellow Firet'ighters :
William Meyer On behal7- of the Wayzata Fire Department, we
Fire Marshal would like to express our sincere thanks
Curt Eckers to the firet'ighters who assisted us on the
Training Officer fire call on August 18 on Harrington Road by
standing by at our station.
We appreciate the helpful service your depart-
ment orrered us. Your assistance was greatly
appreciated.
Thank you *'or the great help.
Sincerely,
Gordy Straka, Secretary
Wayzata Volunteer Fire Department
.TAMES J. THOMSON
Attorney at Law
Direct Dial (612) 337-9209
August 28, 1991
Mr. Blair Tre,-nere
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Blair:
Ilyh
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center, Minneapolis, Minnesota 55402
(612) 337-9300
�j AUG 29 1g9l .�
On behalf of myself and the attorneys in our firm who have worked closely with you
over the past years, I want to wish you the best of success in your future endeavors
after you leave the City of Plymouth. I have always admired the dedication that you
have shown to your work and your attention to detail. You were a tremendous help to
me when I became city attorney after Herb retired. I have always enjoyed working
with you; you have been an invaluable resource to me.
Once again, best of luck, and thank you for your assistance over the past eight years.
Best Regards,
a es J. Thomson
JJT:jes
cc: Jim Willis
PL100-32CD
F -Y -r
2-1�
4I
August 22, 1991
Eric Blank
City of Plymouth
Park & Recreation
Director
Dear Eric,
Thank you for the use of Plymouth city fields this past
summer. Without Plymouth's cooperation in this matter, we
would not have been able to offer a quality soccer league to
the residents of the greater Plymouth area. I feel that get-
ting good fields is paramount to success in this sport.
The growth of soccer in Plymouth has increased sig-
nificantly in recent years. Our field needs will also in-
crease. I hope you will be able to help us find enough good
fields to accomodate our increased numbers. Please let me
know if there is anything we can do to help accomplish this.
Should you have any questions or need assistance of any kind,
please feel free to call on our group. Thanks again for all
you have done for Plymouth soccer.
Sincerely, `n
4
Doug Schon
Plymouth Soccer Association
PLYMOUTH SOCCER ASSOCIATION BOARD
Doug Schon (Pres,/Fields Dir.) ....... Hm
Peter Hitch (V.P./Regist. Dir.) ...... Hm
Loni Gradick (Asst. V.P./Egpt.Dir.)..Hm
Sindi Jensen (Sec./Photo & Tourn.Dir)Hm
Dave Brellenthin (coaches Dir.) ...... Hm
Dennis Arth (coaches Dir.) ........... Hm
Roger Kuhl (Referee Dir.)... ......... Hm
557-9274 Wk 559-5957
933-9955 Wk 788-9777
559-9340
553-0902
476-6973
559-0171 Wk 828-4270
557-7257 Wk 566-7777
um AuG30'91
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PLYMOUTI-F
August 23, 1991
Mr. & Mrs. Bruce Willis
2940 Walnut Grove Lane
Plymouth, MN 55447
Re: Sideyard drainage correction policy
Dear Bruce and Beth,
I have spoken with Fred Moore, the Director of Public Works at
the City of Plymouth, avid he has confirmed that the city does
allow for drainage pipe to be installed along the Sideyard of
your property and water may be discharged into the city street.
No permits or fees are required for this type of work but you
must repair/replace any modification to the curb that is
required to accommodate the end of the drainage pipe. Since
Walnut Grove Lane has an asphalt curb, Mr. Moore has indicated
that the restoration your contractor would be responsible for is
minimal.
If you or your contractor would like to discuss this further with
Fred Moore, he can be reached at 550-5080.
Please feel free to call if I can be of further assistance.
Sincerely,
Maria Vasiliou
Councilmember
cc: Jim Willis, City Manager
Fred Moore, Dir. Public Works
4
FILE: CONST . 2 .8.91 `�'��
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�<< AUG30'91
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800
William J. Gimble
5405 Orleans Lane North, No. 1
Plymouth, MN 55442
Re: YOUR LETTER TO COUNCIL MEMBER VASILIOU
REGARDING HIGH PROPERTY TAXES AND UTILITY BILLING
Dear Mr. Gimble:
I have been asked to respond to your letter to Councilmember Vasiliou
regarding two points. In your first point, you indicate your taxes are
apparently too high in comparison to the clipping of the house that sold for
$113,500. There are several factors that account for a large portion of this
differential. You live in the Osseo School District which has the highest tax
capacity rate in the City of Plymouth with 58.643 percent versus the home in
the Wayzata School District with a tax capacity rate of 50.283 percent.
Secondly, the sale price on the home in the clipping is higher than what the
assessed value is, similar to your home. For example, sales of homes similar
to yours are selling for approximately $75,000. I have spoken to the City
Assessor, Scott Hovet, who will be having the appraisal department take a
careful look at your home as well as others in your neighborhood to determine
if yours may be valued improperly.
With regard to your utility bill, I have reviewed your usage and charges since
you moved in to your home in May of 1989, when your home was constructed. In
new construction, the City's ordinance requires that we use what is known as
the area average for your sewer billing until the first winter quarter usage
can be determined. The annual review process for determining the monthly
sewer volume adjusted your billing effective February 1, 1990, to an average
of 3,800 gallons per month. The adjustment process is not retroactive.
Your account was again adjusted effective February 1, 1991, revising your
sewer volume charge to 4,167 gallons to reflect the most current winter
quarter water use. Once again, this adjustment is not retroactive to increase
the amount of charges that you had been billed through the prior twelve month
period. Upon completion of the billing for January, 1992, service, your
account will be reviewed to redetermine the annual volume for sewer charges
for the following twelve month period. Based upon our current City
ordinances, it appears that no adjustment is warranted.
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000
Page Two
August 27, 1991
Please contact me at 550-5101 if you wish to discuss this further.
Sincerely,
Dale E. Hahn
Finance Director
DEH:gk
cc: Mayor and City Council'/
James G. Willis, City Manager
Daryl Sulander, Assistant Finance Director
1-I5b
Ms. Judy Murray,'Manager
MALLARD POINTE APARTMENTS
15100 18th Ave. N.
Plymouth, MN 55447
SUBJECT: CURBSIDE RECYCLING
Dear Judy:
Thank you for giving Caroline Truth of Hennepin County and me a tour of
Mallard Pointe last week. As we discussed, Mallard Pointe is such a
unique complex that it really required a personal visit from a County
representative to determine whether or not it fits into the funding
guidelines for curbside recycling.
As I mentioned in our phone conversation today, Hennepin County has
found that Mallard Pointe Apartments is eligible for funding on the
City's Recycling Program. That means that the County will reimburse the
City for a portion of the cost of the service; the remainder will be
billed to Mallard Pointe on the monthly sewer/water billing at a rate of
$1 per month for each apartment unit.
The City will provide a blue recycling bin for each apartment at no cost
to Mallard Pointe. If loss or theft of bins becomes a problem, there
may be a replacement cost in the future. The City will also provide
brochures with preparation instructions for each of your residents.
I have already spoken with the City's hauler, Waste Management, about
adding Mallard Pointe, and hope to have your people on-line by September
16.
I will contact you again soon to arrange for delivery of the bins and
brochures. If you have any questions in the meantime, please feel free
to call me, Mondays through Wednesdays, at 550-5085.
Thank you again, it's been a pleasure working with you.
Sincerely,
Marjorie E. Vigoren
Solid Waste Coordinator
MEV:kh
CC: Fred G. Moore, Director of Public Works
3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447, TELEPHONE (612), 550-5000
Minnesota Pollution Control Agency
520 Lafayette Road, Saint Paul, Minnesota 55155-3898
Telephone (612) 296-6300
August 21, 1991
Mr. Michael Nevala
Metropolitan Waste Control Commission
Mears Park Center
230 East 5th Street r
St. Paul, Minnesota 55101
Dear Mr. Nevala:
RE: Petroleum Tank Release Site Closure
Site: Plymouth Lift Station 29, Plymouth
Site ID#: LEAK00002158
The Minnesota Pollution Control Agency (MPCA) staff has determined that the
cleanup performed ,in response to the petroleum tank release at the site
referenced above has adequately addressed the petroleum contamination, and
therefore the file regarding this release will be closed.
On December 4, 1989, a petroleum tank release was reported to the MPCA. Since
then, the following corrective actions have been taken in response to the
release:
1. Protox and later, Northern Environmental Technologies, were retained to
investigate the removal and release from a 1,500 gallon diesel fuel
underground storage tank (UST).
2. During tank excavation, soil was scanned for the presence of organic vapors.
Sixty cubic yards of soil showing elevated levels of organic vapors were
excavated and stockpiled on site. Chemical analyses done on a soil sample
of the excavated soil found 135 parts per million (ppm) total hydrocarbons
(THC). The soil was treated at C1eanSoils after receiving approval from the
MPCA on November 13, 1990.
3. No organic vapors greater than 17 ppm remained in the excavation after the
soil was removed with the exception of a 100 ppm reading on the east side of
the tank basin. Soil samples were collected from the tank basin for
applicable chemical analyses. THCs ranged from nondetect to 147 ppm.
4. Five soil borings and three monitoring wells were installed. Soil samples
from the borings detected small amounts of benzene and xylene. No THCs were
detected. The water samples taken from the wells were not found to contain
any petroleum contamination.
5. In addition, ground water from a nearby MWCC dewatering sump was sampled
twice. No petroleum contaminants were detected.
Regional Offices: Duluth • Brainerd • Detroit Lakes • Marshall • Rochester _
Equal Opportunity Employer • Printed on Recycled Paper �uv 91
I-I5A
Mr. Michael Nevala
Page 2
August 21, 1991
Based on the currently available information, we concur with the conclusions of
your consultant that these actions have adequately addressed the petroleum tank
release. Therefore, MPCA staff does not intend to require any more
investigation or cleanup work in response to this release. However, the MPCA
reserves the right to reopen this file and require additional. work if in the
future more work is determined to be necessary, and this letter does not release
any party from liability for this contamination.
Because you performed the requested work, the state may reimburse you for a
major portion of your.costs. The Petroleum Tank Release Cleanup Act establishes
a fund which in certain circumstances provides partial reimbursement for
petroleum tank release cleanup costs. This fund is administered by the
Petroleum Tank Release Compensation Board (Petro Board). More specific
eligibility rules are available from the Petro Board (612/297-4017).
Thank you for your cooperation with the MPCA in responding to this petroleum
tank release to protect the public health and the environment of the state of
Minnesota. If you have any questions regarding this correspondence, please call
me at 612/297-8581.
Sincerely,
Barbara Jablonski
Pollution Control Specialist, Sr.
Tanks and Spills Section
Hazardous Waste Division
cc: Laurie Rauenhorst, Plymouth City Clerk
Lyle Robinson, Plymouth Fire Chief
Gregory B. Lie, Principal Environmentalist
Dale Buser, Northern Environmental
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