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Council Information Memorandum 07-05-1991
CITY OF PLYMOUTI4 CITY COUNCIL INFORMATIONAL MEMORANDUM July 5, 1991 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR JULY: JULY 8 6:30 P.M. COUNCIL STUDY SESSION City Council Conf. Room (Agenda attached) ------------------------------------------------------- JULY 15 7:00 P.M. COUNCIL STUDY SESSION City Council Conf. Room (Agenda attached) ------------------------------------------------------- JULY 22 6:30 P.M. PLYMOUTH FORUM City Council Chambers 7:00 P.M. REGULAR COUNCIL MEETING City Council Chambers ------------------------------------------------------- JULY 29 7:00 P.M. COUNCIL STUDY SESSION City Council Conf. Room 2. BOARD OF ZONING -- Tuesday, July 9, 7:00 P.M. The Board of Zoning Adjustments and Appeals will meet in the City Council Chambers. Agenda attached. (M-2) 3. PLANNING COMMISSION -- July 10. The Planning Commission Forum will begin at 6:45 p.m., with the regular Commission meeting following at 7:00 p.m. Agenda attached. (M-3) 4. PRAC -- July 11, 7:00 p.m. The Park and Recreation Advisory Commission will meet in the City Council Chambers. Agenda attached. (M-4) 5. CITY PICNIC -- Wednesday, July 17. The Employee City Picnic will be held at French Regional Park from 4:30 - 9:30 p.m Food will be served from 6 to 7 p.m. Participants are asked to bring a dessert to share. There is a parking fee of $3.25. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MKKO July 5, 1991 Page 2 6. TWIN WEST CHAMBER LUNCHEON - "SENIORS LIVING INDEPENDENTLY" -- The Twin West Chamber Foundation is sponsoring a luncheon Tuesday, August 6, at 11:30 a.m. at the RidgePointe Senior Complex, 12800 Marian Lane, Minnetonka, to salute "Seniors Living Independently". I thought that members of the Council and HRA might be interested in attending this luncheon because of the current discussion regarding senior citizen housing in Plymouth, as well as the social desire of having seniors live independently as long as possible. A copy of the meeting notice is attached for your information. If you desire to attend this event, please call Laurie (550- 5014) with your reservation no later than July 22. (M-6) 7. SUBURBAN RATE AUTHORITY MEETING -- Wednesday, July 17. The Suburban Rate Authority will meet at Leon's Supper Club in Columbia Heights. (M-7) 8. ,SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION -- Thursday, July 11. The Shingle Creek Watershed Commission will meet July 11 at the St. Andrews Club, Brooklyn Park. (M-8) 9. ASSOCIATION OF METROPOLITAN MUNCIPALITIES - ANNUAL OUTREACH BREAKFAST -- Wednesday, July 17. The Association of Metropolitan Municipalities will conduct the sixth annual outreach breakfast at the Autumn Room of the Sheraton Park Place, St. Louis Park, beginning at 7:30 a.m. Please call Laurie with your reservation by July 8 if you are interested in attending. (M-9) 10. MEETING CALENDARS -- City Center and Council calendars for July are attached. (M-10) FOR YOUR INFORMATION..... 1. HENNEPIN COUNTY ADULT DETENTION CENTER FEES -- Hennepin County annually establishes fees for the use of the Adult Corrections Facility. We have been informed by the County Administrator that effective 1992, the fees will be increased as follows: Booking Fee Residential Fee - Per Day Residential Fee - Per Quarter Day 1991 1992 $85.05 $95.76 $62.29 $66.10 $15.57 $16.53 CITY COUNCIL INFORMATIONAL MAMO July 5, 1991 Page 3 The residential fee increase amounts to 6.1% over the 1991 figure. The booking fee, an increase of 12.6%. 2. PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET -- Attached is a memo from Fred Moore regarding a letter received from the Minnesota Environmental Quality Board. The letter concerns a petition requesting an EAW on City Projects No. 011 and 106, Northwest Blvd. from 56th Avenue to 45th Avenue, and Schmidt Lake Road from Pineview Lane to I-494, including the proposed I-494 interchange. A staff recommendation on this request will be presented to the City Council on August 5. (I-2) 3. PRIVATE STREET TASK FORCE -- All eight individuals appointed by the City Council to the Private Street Task Force have accepted their appointments. Attached is a membership roster. Public Works Director Fred Moore will be convening the first Task Force meeting. (I-3) 4. ASSOCIATION OF METROPOLITAN MUNICIPALITIES -- Attached is the Association of Metropolitan Municipalities (AMM) June 1991 newsletter. A letter is also attached regarding the 1992 dues. Although the overall AMM 1992 budget has been reduced $4,000 less than the 1991 budget; dues for cities that experienced population increases from 1980 to 1990 will be increased. A 20 percent cap was placed on this increase. The amount requested from Plymouth for 1992 is $7,600; compared to $6,300 budgeted in 1991. (I-4) 5. HOUSEHOLD HAZARDOUS WASTE COLLECTION -- The attached letter from County Commissioner Tad Jude to Mayor Bergman invites the City to cosponsor a household hazardous waste community collection event in September, 1991. The County would pay for the disposal of the materials collected and provide technical assistance; the City would supply volunteers for the collection. The City is asked to contact the County by Monday, July 15, if there is interest in cosponsoring this event. (I-5) 6. NEW JERSEY LAW CONCERNING PROVIDING MUNICIPAL SERVICES TO PRIVATE COMMUNITIES -- The attached law from the State of New Jersey provides the legal mechanism by which local tax monies may be used to provide for the maintenance and repair of a variety of public improvements within private developments. This goes well beyond providing for street maintenance and repair. We will provide copies of the attached New Jersey law to members of the Private Street Task Force. (I-6) 7. PLYMOUTH NEWS -- Attached is the July, 1991, issue of the Plymouth News. (I-7) 8. BASS LAKE PLAYFIELD CONSTRUCTION UPDATE -- The attached update on the Bass Lake Playfield Project was distributed this week. (I-8) CITY COUNCIL INFORMATIONAL MEMO July 5, 1991 Page 4 9. WEST MEDICINE LAKE COMMUNITY CLUB ANNUAL EVENT -- The Public Safety Director has been informed of significant changes in this year's West Medicine Lake Community Club carnival. The carnival will be held July 19, 20 and 21, but they will have no carnival rides or need for on-site police assistance. a. Sally Christianson has been hired as a Senior Clerk/Typist in the Public Safety Department effective July 8, 1991. She worked most recently at Carlson Companies full-time as a clerical lead worker and at the Orono Police Department part-time as a police secretary. She replaces Eunice Brown who recently resigned from the Department. 11. CORRESPONDENCE: a. Letter sent to human service agencies concerning budget requests. (I -11-a) b. Letter sent to Gary Schiebe concerning Plymouth Historical Society funding request for 1992/93 City budget. (I -11-b) c. Letter from Lee Zenako concerning Dial -A -Ride. (I -11- c) d. Letter sent to law firms concerning Request for Proposals for Legal Services. (I -11-d) e. Letter from E. Peter Gillette, Jr., Commissioner - Minnesota Department of Trade and Economic Development, approving application for a Minnesota Economic Recovery Fund grant in the amount of $500,000. (I -11-e) f. Letter to residents on Zanzibar Lane requiring removal of their basketball structure by July 17, as required by the Council's policy governing placement of basketball structure in the street right-of-way. A previous order to remove the structure was suspended until the City Council reviewed the policy at the residents' request. On July 1, the Council chose to make no change to the existing policy to allow additional structures in the City. A copy of the policy is also attached. (I -11-f) g. Letter from Margaret Barnes, Wayzata, requesting City attention to speeding on County Road 24 from Highway 101 to Brockton Lane. (I -11-g) CITY COUNCIL INFORMATIONAL MEMO July 5, 1991 Page 5 h. Copy of letter from Minnesota Suburban Publications to Daniel Donahue, City Manager of New Hope, responding to concerns about the lack of newspaper distribution to apartments. (I -11-h) i. Letter from City Attorney of the Minnesota Ethical her meeting with the City at 7:00 p.m. (I -11-i) to Mary Ann McCoy, Director Practices Board, confirming Council on Monday, July 29, j. Letter from Marlys Jacobs, Maple Grove, objecting to the City's transient produce merchant ordinance and Zoning Ordinance requirements. (I -11-j) k. Memo from Fred Moore, Public Works Director, regarding drainage problems resulting from recent intense rain. (I -11-k) 1. Letter from Jeff Oertel, Architect on the City's Public Works Maintenance Facility, thanking the City staff and Fred Moore for their efforts during the planning of the new building. (I-11-1) m. Letter from Michael Brandt, Hennepin County Department of Environmental Management, informing the City that the County's tree disposal site in Maple Grove has expanded its hours effective July 1. The site will be open from 8:00 a.m. to 5:45 p.m. Monday through Friday, and on Saturday from 10:00 a.m. to 2:00 p.m. Only residents of Hennepin County are authorized to use this site. (I -11-m) James G. Willis City Manager AGENDA July 15, 1991 CITY COUNCIL STUDY SESSION City Council Conference Room 7:00 P.M. - 7:15 p.m. Discuss Questions Regarding Auditor RFP (attached) 7:15 p.m. - 7:45 p.m. Charles Bailly 7:45 p.m. - 8:15 p.m. Deloitte & Touche 8:15 p.m. - 8:45 p.m. Peat Marwick 8:45 p.m. - 9:15 p.m. Voto, Tautges, Redpath CIM 3& 591 ,o_ i CITY OF PLYMOUTH, MINNESOTA REQUEST FOR PROPOSALS FOR ANNUAL INDEPENDENT AUDIT ECTION I REQUEST FOR PROPOSALS FOR ANNUAL INDEPENDENT AUDIT The City of Plymouth is requesting proposals from experienced certified public accountant firms for annual independent audit services rendered to the City. The City Manager will make his recommendations for independent auditing service representation to the City Council not later than July 15, 1991. The representation will commence January 1, 1991, and continue for an initial period of three years. The term of the appointment thereafter will be subject to ongoing review and evaluation by the City Council and the City Manager. Ten copies of the proposal should be submitted to Dale Hahn, Director of Finance, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447. Proposals must be received no later than 4 p.m., June 21, 1991. All proposals submitted must provide complete information as indicated in this request. SECTION II REQUIREMENTS FOR SUBMISSION OF CITY PROPOSALS 1. To be eligible to qualify as external auditor, the following minimum requirements must be met: a. The firm of certified public accountants must be of widely recognized ability and standing, and licensed to practice in Minnesota. b. The CPA firm must be a member of the American Institute of Certified Public Accountants and must adhere to the AICPA professional standards of audit practices and conduct. c. The firm must have audited similar governmental units and must have the capability of assisting the City in retaining its Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Associations. d. The audit examination shall result in financial statements prepared in conformity with generally accepted accounting principles for local governments (as determined by the AICPA Industry Audit Guide for State and Local Governments). cim JUL 5'9 1 REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT AUDIT Page 2 e. The firm must include a statement of the all- inclusive fee for which the work will be done for fiscal years 1991, 1992, and 1993. A statement for the estimated total number of hours required for each year for audit staff is also required. 2. The auditor's report will be submitted to the City within 150 days after the close of the audited fiscal year. The audit work can be commenced by the successful proposer at any time after the contract is awarded. SECTION III - SCOPE OF THE AUDIT 1. Periods to be audited: January 1, 1991 through December 31, 1991 January 1, 1992 through December 31, 1992 January 1, 1993 through December 31, 1993 The City reserves the right to negotiate with the successful proposer for additional fiscal years to be audited. 2. The services shall include: A. A full financial and compliance audit of the funds and account groups in the general purpose financial statements of the City of Plymouth. B. The audit shall meet the requirements of the Federal Single Audit Act of 1984 and Circular A-128 as issued by the Federal Office of Management and Budget (OMB). 3. Financial Statements to be Audited. All statements to be presented in the Comprehensive Annual Financial Report of the City of Plymouth. Number of Funds General 1 Special Revenue 15 Debt Service 34 Capital Projects 17 Enterprise 3 Internal Service 3 Trust and Agency 3 wq - I CIM JUL 5 'y 1 w1 - REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT AUDIT Page 3 4. Standards and Guidelines. The audit shall be conducted in accordance with the Government Auditing Standards, and compliance supplements approved by the Office of Management and Budget, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. 5. Audit Review. The audit should not be limited to a specific review of the financial transactions and statements of the City. It should include an overall review of the City's financial and accounting systems and procedures. Also, an annual review of the financial statements and the Comprehensive Annual Financial Report shall be done to determine necessary steps to allow the City to comply with the GFOA guidelines so that the City can continue to receive a Certificate of Achievement for Excellence in Financial Reporting during this engagement. 6. The audit will include a review each year of the internal controls of areas involved in the handling of cash. 7. Specified items required for this audit shall be provided within the timeframe specified in Section II, paragraph 3. They are listed below: a. The firm shall express an opinion on the General Purpose Financial Statements. b. All certifications and audit reports required by the federal government for federal monies the City has received. This includes Community Development Block Grant funds, transit funds, and Lawcon Grants. C. All certifications and audit reports required by the state for compliance with state law regarding the financial reporting of municipalities. 8. The auditors shall familiarize themselves with and comply with, the provisions of any and all federal, state, and city statutes, ordinances, bond covenants, and administrative rules and regulations which may pertain to the work required in the engagement. 9. Audit Conference. The CPA firm will have a conference with the Director of Finance for the purpose of reviewing its audit findings and recommendations prior to the issuance of management letters, certifications, or reports. CIM JUL 5'91 REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT AUDIT Page 4 10. Scheduling and Procedures. The CPA firm shall develop a time schedule and procedures to be observed during the audit and prior to the beginning of each audit. The schedule and procedures will be developed in conjunction with the City and shall be subject to approval by the City. SECTION IV - CITY RESPONSIBILITIES 1. It will be the responsibility of the City to provide copies of all working papers for the fiscal year being audited. These copies shall include, but not necessarily be limited to, the following: a. Trial balance worksheets showing all closing entries and adjusting entries; b. Schedules of worksheets showing the composition or detail breakdown of the balance of each general ledger account in all funds; C. Such city-wide schedules as needed for closing, including pooled cash and investments, and interfund receivable/payable accounts; d. Bank reconciliation, vouchers in support of accounts payable, such as checks, etc., as needed for examination. 2. The City will provide access to all files and records of the City department-7- 3. epartment 3. The City wi.yL provide final draft financial statements for all items contained in the Comprehensive Annual Financiat Report, before adjustment. 'E TIUIT V •s INFORMATION REQUESTED FROM T& PROPOSER To provide for a uniform review process and to obtain comparability, it is required that proposals be organized in the manner specified below: 1. T -it le Paae .-:how the RFP subject, the name of the proposer's firm, local address, telephone number, name of the contact cferson, and the date. CIM JUL 5'91 REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT AUDIT Page 5 2. Table of Contents Include a clear identification of the materials by section and by page number. 3. Letter of Transmittal Limit to two pages. a. Briefly state the proposer's understanding of the work to be done and make a positive commitment to perform the work within the time period. b. Give the names of the persons who will be authorized to make representations for the proposer, their titles, addresses and telephone numbers. 4. Profile of the Proposer a. State whether the firm is local, regional, or national. b. Give the location of the office from which the work is to be done and the number of partners, managers, supervisors, seniors, and other professional staff employed at that office. C. Describe the range of activities performed by the local office such as audit and accounting, tax, and/or management advisory services. 5. Summary of the Proposer's Oualifications a. Identify the partners, managers and supervisors who will work on the audit. Resumes for each supervisory person to be assigned to the audit should be included. The resumes may be included as an appendix. b. Describe the local office auditing experience similar to the type of audit requested and give the names and telephone numbers of client officials who can be contacted as references. C. Demonstrate that minimum requirements of Section II have been met. CIM JUL 'y REQUEST FOR PROPOSALS - ANNUAL INDEPENDENT AUDIT Page 6 Describe your firm's approach to completing the scope of work as described above, demonstrating an understanding of the task and level of effort required. 7. Additional Data Since data not specifically requested must not be included in the foregoing proposal sections, give any additional information considered essential to the proposal in this section. If there is no additional information to present, state in the section, "There is no additional information we wish to present." SECTION VI - COMPENSATION Estimate the total hours and the resulting all-inclusive maximum fee for which the requested work, separately stated for fiscal years 1991, 1992, and 1993 will be done. An appendix stating the hourly rates to be charged for each staff classification is required. State whether data processing will be used in the examination and, if so, estimate data processing resources that will be needed in terms of computer time, operator time, and programmer time. The auditor will not be reimbursed for any travel, per diem, photocopying, telephone bills, or other related expenses of the audit unless incurred at the specific request of the City. The firm's price (maximum fee) for the basic services will be inserted in the outer envelope in a separately sealed envelope bearing the firsh's name and address and the words, "Section VI - Maximum Fee for .Audit Service for Fiscal Years 1991, 1992, and 1993." SECT.�Ic�N _ii:,'t___ EVALtJAT LQN OF PROPOSALS Proposals will be evaluated to ascertain which proposer best meets the needs of the City. In some circumstances, proposals may be so :similar in quality that oral interviews may have to be arranged to assist in making the final section. Evaluation considerations will include the following: Re:-sponsiveness of the proposal in clearly stating the -understanding of the work to be performed. ri!it:vinical experience of the firm. 3: Ex`-,rience and professional activities of the audit team. GM JUL 5 i M-1 REQUEST FOR PROPOSAL - ANNUAL INDEPENDENT AUDIT Page 7 4. Size and structure of the firm. 5. Cost. Cost and the technical score of the proposals will carry equal weight. The City intends to retain the certified public accounting firm evaluated as to the best qualified to perform the work for the City, cost and other factors considered as noted above. Based upon the evaluation, the City Manager and Finance Director will recommend to the City Council the appointment of a CPA firm judged to be most responsive and responsible proposer for the auditing services requested. The final decision with respect to the appointment will be made by the City Council. The City will not reimburse the proposer for any expenses incurred by the proposal including, but not limited to, expenses associated with the preparation and submission of the proposal, and attendance at any interview. The City reserves the right to reject any and all proposals and to request additional information from any and all proposers. VM JUL 5'91 1. Charles Bailey & Company Suite 1250 625 4th Ave. S. Minneapolis, MN 55455 2. Deloitte & Touche 900 Pillsbury Center Minneapolis, MN 55402 3. KPMG Peat Marwick 4200 Norwest Center Minneapolis, MN 4. Pannell Kerr Forster 5353 Wayzata Boulevard Minneapolis, MN 55416 5. Voto Tautges Redpath & Company Ltd. 1310 E. Highway 96 White Bear Lake, MN 55110 C!M JUL 5'91 BOARD OF ZONING ADJUSTMENTS AND APPEALS PLYMOUTH CITY CENTER COUNCIL CHAMBERS 3400 PLYMOUTH BOULEVARD PLYMOUTH, MN 55447 TUESDAY, July 9, 1991 7:00 P.M. AGENDA 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3. APPROVAL OF MINUTES May 14, 1991 June 11, 1991 4. NEW BUSINESS A. DEAN AND TARI MEISTER. Variance request from the required side yard setback for the proposed construction of a deck together with a variance request from the required side yard setback and rear yard setbacks for the proposed construction of an attached garage at their property located at 19025 Hamel Road. (07-01-91) B. LOWELL TURNER. Variance request from the required front yard and side yard setback for the proposed construction of a detached garage onto his property located at 3430 Fernbrook Lane North. (07-02-91). 5. ADJOURNMENT M -Z CIM JUL 5 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, JULY 10, 1991 CITY COUNCIL CHAMBERS WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 5. PUBLIC HEARINGS A. Trammell Crow Company. Mixed Planned Unit Development Final Plat, Plan and a Conditional Use Permit for placement of fill and excavation of ponding areas within the floodway of Plymouth Creek located between Fernbrook Lane and I-494 at 34th Avenue North (90063) B. Richard Steiner. Amendment to the Residential Planned Unit Development Preliminary Plan and Conditional Use Permit for "Kingswood Farms" for rear setback and impermeable coverage in the Shoreland District to permit a room addition onto existing home at 120 Holly Lane (91045) 6. OTHER BUSINESS - DISCUSSION ITEMS A. Planned Unit Development Standards B. Review Details of July 16, 1991 Bus Tour 7. ADJOURNMENT 1 -- Regular Meeting of the Park and Recreation Advisory Commission July 11, 1991, 7:00 p.m. AGENDA 1. Call to Order 2. Approval of Minutes 3. Visitor Presentations a. Athletic Associations b. Staff c. Others 4. Report on Past Council Action a. Playfields - award bid b. Request for citizen survey - will review at budget time 5. Unfinished Business a. 1992-96 C.I.P. b. Review of field rental fees - referred from City Council C. d. 6. New Business a. b. C. d. 7. Commission Presentation 8. Staff Communication 9. Adjournment Next regular PRAC meeting - September 12 CIM JUL 5'91 �I T W I N \/W/ E S T CHAMBER OF COM M E R C E General Membership Luncheon Salute to "Seniors Living Independently" sponsored by The TwinWest Chamber Foundation Tuesday, 'August 6 11:30 a.m. Registration RidgePointe Senior Complex 12800 Marion Lane, Minnetonka $10 per person Are your aging parents able to live independently? if not, are you prepared to take care of them? Learn your alternatives now - Attend this event! W —(p. The average annual cost of nursing homecare is $25,000+ with one third of couples spending themselves into poverty within 13 weeks of one spouse entering a nursing home—within two years over 85% of all nursing home clients are on welfare. This then becomes a tax issue for everyone. There is an urgent need for prevention of this situation by empowering seniors to live independently. Find out more about this emerging concept. Directions to RidgePointe are: West on 1-394 to the Plymouth Rd. N. exit — go east on the north service road - - RidgePointe is located directly behind Morrie's Imports on Marion Lane. featuring Pete Wycoff, director, Minnesota Senior Federation Ben Withhart, executive director, Senior Community Services `TwinWest Foundation grants will be awarded at this luncheon to non-profit organizations enabling seniors to live independently. Yes, 1 will attend the August 6 General Membership Meeting Name(s) Company Please reserve spaces for my firm at $10 per person Return with check to : TwinWest Chamber Foundation, 10550 Wayzata Blvd., Minnetonka, MN 55343 (612) 540-0234 Phone: v CIM JUL 5'9'1 22= The TwinWest Chamber of Commerce Josephine Nunn, Met Council Airport Search Task Force Jim Brimeyer, Sathe & Associates Executive Search Bill Graham, Northwest Airlines Representative from the Metropolitan Airport Commission Date: Wednesday, June 19 Place: Brookview Community Center 100 Brookview Pkwy., Golden Valley Time: 7:30 a.m. - 9:30 a.m. Cost: $10 (TwinWest members) $12 (Non-members) Find out about the dual -track process being used in determining whether to expand or move the existing airport. Hear presentations from panelists on how alternatives may affect your busi- ness. Let us know your preference for an airport site. -------------------------------------------- Yes, I will attend the June 19 Airport Informational Meeting Name (s): Company: Phone: Please reserve spaces for my firm at $10 per person. Return with check to: TwinWest Chamber of Commerce, 10550 Wayzata Blvd., Minnetonka, MN 55343 TWINWEST C X A Y B E R OF COM ME R C E 10550 Wayzata Blvd., Suite 2 Minnetonka, MN 55343 First Class U.S. Postage PAID Permit 351 Hopkins, MN 55343 .TAMES M. STROMMEN Attorney at Law Direct Dial (612) 337-9233 HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Facsimile (612) 337-9310 MEMORANDUM TO: SRA Board Members and Alternates FROM: James M. Strommen ' y; 00 RE: Suburban Rate Authority Meeting Notice DATE: July 3, 1991 At the last quarterly meeting, the Board authorized Bruce Nawrocki to make arrangements for the July quarterly meeting to be held at Leon's Supper Club in Columbia Heights. On July 17, 1991 at 6:30 p.m., the SRA quarterly meeting will be held at Leon's Supper Club at 4884 Central Avenue, N.E. in Columbia Heights. This is located 1 mile south of 694 on Central Avenue (Hwy. 65). We will have a dinner of sliced roast turkey for an all-inclusive price of $9.00 per person. The meeting agenda is enclosed. An important issue has arisen regarding the direction of the SRA in the Tier System review matter. See the enclosed Memorandum for details. Another issue of note under new business is the potential need for insurance coverage for SRA members. Since the last quarterly meeting, it has come to our attention that the League of Minnesota Cities Insurance Trust (which covers all but three SRA members) does not cover the SRA or its board members. The Board should vote on this matter at the meeting. A background memo is enclosed. Note also that we will hold the second annual Twins ticket drawing (2 pair). You must be present to win. We look forward to seeing you at Leon's. Please R.S.V.P. as soon as possible with the enclosed card or call my secretary, Susan Day, at 337-9278. JMS:sd PO -7. CIS+ JUL SUBURBAN RATE AUTHORITY QUARTERLY BOARD OF DIRECTORS MEETING AGENDA July 17, 1991 6:30 p.m. Leon's Supper Club, Columbia Heights 1. Call to Order - Roll Call 2. Approval of Minutes 3. Reports of Officers 4. Communications - Richfield withdrawal 5. Unfinished business - NSP Rate Case - Tier System Study Status - Expert Consultants - Adoption of 1992 Budget - MWCC report—phosphorus 6. New Business - Insurance Coverage 7. Claims 8. Adjournment HOLMES & GRAVEN CHARTERED Attornets a1 Law 470 Pillsbars Center. Minneapolis. Minnesota 35102 FROM: Holmes & Graven DATE: July 17, 1991 RE: Tier System Review Status on May 23, 1991, the Commission held a hearing on whether to review the Tier System. The Commission voted to review the existing cost data underlying the Tier System. (Order attached). The interested parties, the Department of Public Service, Attorney General, SRA, and US West have met regarding existing material for review by expert consultants. If the parties can agree on the type and sufficiency of data to review, there will likely be an analysis over the next 60-90 days. At that point, comments will be filed with the Commission as to the present cost of service. As you know, the SRA has retained Chesapeake Regulatory Consultants, Inc. of Annapolis, Maryland. I have spoken with its telephone expert, Basil Copeland. He is advising the SRA regarding this cost material. There are two significant factors now influencing the direction of this review. The first is the apparent unwillingess of the Commission to allocate significant time to this issue. The second is a major admission by US West consistent with the SRA's position all along. First, although the SRA obtained the Order it sought, there are several factors that do not bode well for a thorough cost review of the Tier System. These factors were clearly evident at the hearing and are obtained from discussions with attorneys with the Department and Attorney General. 1. The Commission expresses almost an indifference to cost of service in the rate design context. This is a legally attackable position, but one which the Commission clearly holds. 2. The higher EAS rates and higher rates charged by other Twin Cities telephone utilities make US West rates look good to the Commission. 3. The Commission is hesitant to stir up a controversy regarding rates when it perceives that none presently exists. CIM JUL 5 '` (6121337.9300 JI LIF. A. LAIALER ROBERT A. .AI.SOP CHARLES JR PAI. L D. BAF.RTSCHI Facsimile (6121337-9310 E E% E.. JOHN M. LFYRJR RONALD H. BATTY ROBERT J. LINDALL MARY J. BR EN DEN LAt RA K. MOLLET STEPHEN J. BCBC1. ROBERT C. CARLSON DANIEL R. NELSON CHRISTINE M. CHALE BARBARA L. PORTNOOD JON% B. DEAN WRITER'S DIRECT DIAL MARY FRAN(-ESSKALA MARY G. DOBBINS JAMES M. STROMME% JEFFREY ENG STEVEN M.TALLEN STEFANIE N. GALEY JAMES J. THOs15ON. JR. DAVID L. GRAVES LARRY M. WERTHEIM CORRINE A. HEINE BONNIE L. WILKINS JAMES S. HOLMES DAVID J. KENNEDY OF CO( NSEI. JOHN R. LARSON MEMORANDUM ROBERT L. DAYIDSO% V ELLINGTON H. LAYY JOHN G. HOESCHLER TO: Board of Directors FROM: Holmes & Graven DATE: July 17, 1991 RE: Tier System Review Status on May 23, 1991, the Commission held a hearing on whether to review the Tier System. The Commission voted to review the existing cost data underlying the Tier System. (Order attached). The interested parties, the Department of Public Service, Attorney General, SRA, and US West have met regarding existing material for review by expert consultants. If the parties can agree on the type and sufficiency of data to review, there will likely be an analysis over the next 60-90 days. At that point, comments will be filed with the Commission as to the present cost of service. As you know, the SRA has retained Chesapeake Regulatory Consultants, Inc. of Annapolis, Maryland. I have spoken with its telephone expert, Basil Copeland. He is advising the SRA regarding this cost material. There are two significant factors now influencing the direction of this review. The first is the apparent unwillingess of the Commission to allocate significant time to this issue. The second is a major admission by US West consistent with the SRA's position all along. First, although the SRA obtained the Order it sought, there are several factors that do not bode well for a thorough cost review of the Tier System. These factors were clearly evident at the hearing and are obtained from discussions with attorneys with the Department and Attorney General. 1. The Commission expresses almost an indifference to cost of service in the rate design context. This is a legally attackable position, but one which the Commission clearly holds. 2. The higher EAS rates and higher rates charged by other Twin Cities telephone utilities make US West rates look good to the Commission. 3. The Commission is hesitant to stir up a controversy regarding rates when it perceives that none presently exists. CIM JUL 5 '` 4. The Commission is hesitant to order an expensive cost review by US West. 5. The Commission is hesitant to consider a change in rates that may increase telephone rates for some customers. It perceives that such may be the case if the tier rates are flattened. A raise in rates for some customers is not necessarily required, however. 6. The Commission is feeling overburdened with utility related issues in general. It is careful about allocating its staff resources to issues. 7. US West resists any such review for reasons that appeal greatly to the Commission, i.e., if customers are not complaining why create controversy. Second, there is a significant countervailing and favorable development to the SRA. In a recent meeting where cost data was exchanged, US West admitted that there was no longer any distance correlation to cost of service in the Tier System. It informally agreed to stipulate to the position the SRA has maintained ever since the Tier System was adopted. To maintain a tier rate structure, however, US West has submitted an access study which purports to support a Tier System based on economies of scale of providing telephone access to customers. US West argues that the farther you move from the downtown area, the greater the cost of access investment per customer (non -traffic sensitive costs). The correlation is roughly between the density of population (number of customers served) and this access cost. This position is not inconsistent with the SRA's earliest position in proposing an alternative to the Tier System. The previous base rate and zone system was density based. US West's new basis for a tiered structure poses questions for the SRA, in light of the Commission's apparent perspective at this point: 1. How vigorously should the SRA pursue the validity of US West's new basis? 2. Is the density -based premise of US West more acceptable to the SRA? 3. Does the SRA pursue these issues on a "benefit to members" basis or a watchdog for the public basis? In other words, should the SRA keep US West's feet to the fire in justifying a new rate design when the outcome for SRA members is in doubt? Conclusion It will be important at the July meeting to establish a direction for the SRA in this matter. The SRA board must weigh factors such as benefit to members, pursuit of a fairer rate design for its own sake, the cost of such pursuit and the long term credibility of the SRA in taking any position. 2 CIM JUL 5 '91 Attornels at LAW ROBERT A. AI SOP PAl I. D. BALRTSCHI RONALD H. BATTY MARY J. BRE%DEN STEPHEN J. Bl BI 1. ROBERT C. CARL SON CHRISTINE M. CHALE JOHN B. DEAN MARY G. DOBBINS JEFFREY ENG STEFANIE N. GALE% DAVID L. GRAVEN CORRINE A. HEINE JAMES S. HOLMES DAVID J. KENNEDY JOHN R. LARSON %ELLINGTON H. LAW HOLMES & GRAVEN CHARTERED 470 Pillsbury Center. Minneapolis. Minnewta 54402 (6121337-9300 Facsimile 16121337-9310 WRITER'S DIRECT DIAL MEMORANDUM TO: Board of Directors FROM: Holmes & Graven DATE: July 17, 1991 RE: SRA Insurance Coverage M -7 JI LIE A. LANI.F.R CHARLES L. LEFE-FRE JOHN M. LF.FF.VRE. JR. ROBERT J. LINDALI. LACRA K. MOLLET DANIEL R. NEL.SO% BARBARA L. PORT%OOD MARY FRANCES SKALA JAMES M. STROMMES STEVEN M.TALLE% JAMES J. THOMSON. JR. LARRY M. WERTHEIM BONNIE L. WILKI%S OF COCNSEL ROBERT L. DAVIDSON JOHN G. HOES(HLER It came to our attention through the City of Minnetonka that the insurance carrier for all but three of the SRA members, the League of Minnesota Cities Insurance Trust ("LVIcl,r), does not cover the SRA or its directors through city insurance policy presently covering the LMCIT cities. A specific exclusion exists in these policies for general liability, personal injury, automotive, and errors and omissions for liability arising out of joint powers activities. The LMCIT pointed out that joint powers that are in the nature of mutual aid agreements where one city simply buys a service from or provides a service to another governmental unit are not excluded. It is a joint powers agreement which creates a new entity with the power to spend money, enter contracts and generally act as a separate body that are excluded. The SRA clearly falls into that category for LMCIT. Following the last quarterly meeting, we have obtained a quote from the LMCIT for the SRA (enclosed) for insurance coverage. It quotes a $947 annual fee for general liability, errors or omissions and automobile. The quote was brought to the attention of the executive committee which decided to bring the issue before the board at this meeting. A logical threshold inquiry on whether to take out insurance is the likeli- hood of a suit against the SRA or its directors. The likelihood of being sued for official acts of the SRA (intervention in rate cases, taking positions on the issues) are very remote. Unlike city councils, the SRA is not granting and denying requests of member residents and others and thereby subjecting itself to suits by disgruntled people. On the other hand, an SRA delegate who drives to a quarterly meeting and gets into an accident does not receive any additional coverage from the LMCIT. One's car insurance would likely cover damages. The city itself may be responsible for any damage not covered by personal insurance. The fact that the city .would not be. able to turn to its insurance carrier does not prevent the director from locicing to the city for recovery. The director is clearly acting on behalf of and at the direction of the SRA member. If the Board votes to obtain coverage, should the SRA go with LMCIT, or another carrier? Is the quote reasonable or should it be reduced. These matters will be voted on at the July meeting. CIM JUL 5'91 cw JUL r COVERAGES PROVIDED BY: LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Property Inland Marine General Liability Automobile Liability and Physical Damage Errors or Omissions Liability Crime Excess Liability TRAVELERS INSURANCE COMPANY Excess Property UNITED FIRE AND CASUALTY COMPANY Bonds CLAIMS SERVICES: General Adjustment Bureau (GAB) This is a proposal only, it is not intended to bind, alter, nor fully describe the formal contract. It is important to note also that we are not necessarily providing all the coverages requested or our proposal may not comply with your specifications. Cpm JUL 5'91 o - I PROPERTY N/A On real and personal property per the company forms and exclusions, subjects to a $ deductible per occurrence. CtIrt JUL 5 `91 COMPREHENSIVE MUNICIPAL COVERAGE $600,000. Combined Single Limit GENERAL LIABILITY - CLAIMS MADE BASIS Premises - Operations Independent Contractors Products - Completed Operations Blanket Contractual Fire Legal Liability - $50,000. limit per occurrance Premises Medical Payments - $1,000. per person/$10,000. aggregate occurrence Watercraft - Less than 26 feet in length Malpractice Coverage for City Employees - excluding Attorneys, Architects, Doctors of Medicine, Dentists, Nurses and Pharmacists. Personal Injury Liability - false arrest, advertising, wrongful entry and assault or battery Law Enforcement Employees, Officials and Volunteers are covered Fellow Employee Coverage Extended Reporting Period Guaranteed as to availability and cost No aggregate limit except for Products - Completed Operations and Medical Payments PARTIAL LIST OF EXCLUSIONS Airport and Aircraft Liability Utility Supply Failure Hospital and Nursing Home Liability Liquor Legal Liability Absolute Pollution Fireworks Bursting or Failure of Dams or Dikes Carnivals Rodeos Racing Unless Named: Joint Powers, Housing Authorities and Gas or Electric Utilities Minimum Deductible $250. each Property Damage Claim ERRORS OR OMISSIONS - CLAIMS MADE BASIS Deductible: $5,000. Provides Coverage for negligent acts, errors, omissions and civil rights violations Employees, Officials and Volunteers are covered Broadened definitions of damages Cl?tl JUL. 5 '9 1 AUTOMOBILE Liability for Owned and Non -Owned Automobiles Personal Injury Protection: Basic Uninsured Motorist and Underinsured Motorist: Comprehensive Deductible: Collision Deductible: Thirty -day reporting required on all vehicles changes Endorsements normally issued at expirations Fellow Employee Coverage included Per schedule of vehicles submitted Hired and/or Non -Owned Autos Only Ch1 JUL 5 '91 PREMIUM SUMMARY •PROPERTY Not Covered EXCESS PROPERTY Not Covered INLAND MARINE Not Covered GENERAL LIABILITY $500. ERRORS OR OMISSIONS LIABILITY $356. AUTOMOBILE $91. CRIME Not Covered EXCESS LIABILITY Not Covered TOTAL $947. This quote is valid only if you are a member in good standing with the League of Minnesota Cities. QUOTATION VALID FOR 30 DAYS PRESENTED BY THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST Authorized Representative W-7 Date CiM JUL 5'91 SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55447 Telephone (612) 553-1144 Fax(612)553-9326 - JUL July 3, 1991 Commissioners Shingle Creek Watershed Management Commission Hennepin County, Minnesota Dear Commissioners: A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday, July 11, 1991, at the Saint Andrews Club, 8700 Edinbrook Cross- ing, Brooklyn Park, MN. Lunch will be served promptly at 12:00 noon and the Shingle Creek and West Mississippi WMO meetings will begin at 12:45 p.m. Please call Marlys in the Commission office to confirm whether you or your Alternate will be attending this meeting. We must make final reservations by Tuesday, July 9, 1991. An agenda for the meeting is enclosed. Regards, 'Z'L'z_4� I& Jt_�� a-x,— Judie A. Anderson Recording Secretary JAA:tim Encls. cc: Alternate Commissioners Member City Offices Curtis A. Pearson Dale Claridge Metropolitan Council Water and Soil Resources Board Post Publications Osseo -Maple Grove Press C111 JUL 5 '91 Yi —0 SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 A regular meeting of the Shingle Creek Watershed Management Commission will be held Thursday, July 11, 1991, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. 55444. An agenda for that meeting fol- lows: 1. Call to order. 2. Roll call. 3. Minutes of June 13, 1991 meeting. 4. Reports from officers. 5. Approval of claims. 6. Consideration of communications. a. Communications log. b. Proposed rules for Metropolitan Local Water Management. C. Citizen assisted lake monitoring. d. Groundwater monitoring at Solid Waste Transfer Station. e. Metropolitan Public Ditch Inventory. f. Purple Loosestrife. 7. Project Reviews. a. 91-9 Opportunity Workshop, Plymouth. b. 91-10 Fernbrook Townhomes, Plymouth. 8. Other business. a. Lake levels, Twin and Ryan Lakes. 9. Adjournment. cth? JUL 5 'Q M-7 SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION 3030 Harbor Lane • Plymouth, MN 55447 Telephone (612) 553-1144 Fax (612) 553-9326 M I N U T E S May 6, 1991 A meeting of the Shingle Creek Watershed Management Commission was called to order by Chairman Fred Moore on Monday, May 6, 1991, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN. Present were: Sy Knapp, Brooklyn Center; Gary Brown, Brooklyn Park; Bill Monk, Crystal; Gerry Butcher, Maple Grove; Perry Damon, Min- neapolis; Mark Hanson, New Hope; Gene Hakanson, Osseo; Fred Moore, Plymouth; Bill Deblon, Robbinsdale; Dale Claridge, JMM; Curt Pearson, attorney; and Judie Anderson, recording secretary. I. Minutes. Hakanson moved and Monk seconded a motion to approve the minutes of the April 11, 1991 meeting. Motion carried. II. Treasurer's Report. Knapp moved and Monk seconded a motion to approve the Treasurer's Re- port. Motion carried. III. Approval of Claims. Knapp moved and Butcher seconded a motion to approve claims totaling $4,689.14. The claims were approved by roll call vote: ayes - Knapp, Brown, Monk, Butcher, Damon, Hanson, Hakanson, and Moore; nays - none; absent - Rob- binsdale. IV. Correspondence. The Commissioners reviewed the Communications Log. No action was re- quired. Moore gave an update on the proposed rules for Metropolitan Local Water Management. The "implementer" group of the Task Force met to review the draft rules. A second meeting is scheduled for May 9, after which the group will bring its recommendations to the full Task Force. [Deblon arrived 1:00.] V. Proiect Reviews. 91-7 Curtis Lake, Plymouth. Development of the proposed plat of Curtis 61M JUL 5 '91 1 PAN SCWMC Minutes May 6, 1991 page 2 Lake, consisting of 64 single family lots on a 48 acre site located in the southwest quadrant of the intersection of 47th Avenue and West Medicine Lake Drive, east of I494, Plymouth. Butcher moved and Hakanson second a motion directing the consultant to notify the City of Plymouth that approval of 91-7 is hereby granted conditioned on the applicant's meeting the conditions set forth in the consultant's report and recommendations, i.e., 1. Final pond n„tle+_ and skimmer design details shall be submitted to the Commission's Engineer for review and approval. 2. Pond 1 outlet structure shall be equipped with a safety grate. 3. A stabilized emergency overflow spillway from the sediment pond on the west side of Vinewood Lane shall be provided. 4. Emergency overflow routes from Ponds 1 and 2 to Wetland 593W shall be established and shown on the plans. 5. Required drainage easements for ponding and access and for lands adjacent to Wetland 593W shall be dedicated to the City. 6. The owner shall designate operation and maintenance procedures which will maintain the outlet control structures and a minimum permanent pool depth of two feet in the stormwater treatment ponds and assurance to the City, in the form of a recordable agreement, that the designated operation and maintenance procedures will be faithfully executed. Motion carried. VI. 1991 Water Quality Monitorinq_ProQram. JMM, in their April 29 memo presented a revised cost estimate for the 1991 monitoring program that was approved by the Commission at its April meeting. Moore moved and Monk seconded a motion to approve the cost of $27,000 and to include this cost as part of the Special Projects category in the 1991 budget. Motion carried, Butcher voting nay. The memo also outlined the tasks of the Met Council's Twin Lakes and Eagle Lake monitoring program. JMM will coordinate this and future lake monitoring efforts with Met Council. VII. Other Business. A. Revisions to FEMA. Claridge outlined the procedure for making revisions to the Flood Insurance Maps by Letter of Map Revisions (LOMR). Knapp moved and Monk seconded a motion directing JMM to determine the scope of work and associated costs to revise 1) the 100 year flood profiles affected by the Twin Lakes/Ryan Lake Improvement Project and 2) the 100 year flood profiles 6t , JUL 5'9 i SCWMC Minutes May 6, 1991 page 3 established along Shingle Creek asked to compare the profiles as maps and to count the number of will be considered as part of the [Hanson departed 1:35 p.m.] as part of the Management Plan. They are set out in the Management Plan to the FEMA affected structures. Costs of this project 1992 budget. Motion carried. B. 1992 Budget. The Executive Committee will meet at 10:00 a.m., Wednesday, June 5, at Plymouth City Hall to set a proposed budget for 1992. They should be advised of anticipated projects of. work for that year. Staff members are asked to have their cost requests to Anderson by May 20. Letters have gone out to the city assessors requesting 1990 tax capacity figures. There being no further business before the Commission, Monk moved and Butcher seconded a motion to adjourn. Motion carried. The meeting was adjourned at 1:55 p.m. Respectfully submitted, Judie A. Anderson Recording Secretary JAA:tim 611W JUL 5 �9 1 July 1, 1991 Mr. James Willis City Manager 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Jim: as ociation of metropolitan municipalities We want to know your views about what direction the Association of Metropolitan Municipalities should take during 1992. To provide you with a forum for your opinions and concerns, we are planning our sixth annual Outreach Breakfast for you and other city officials in your area. The breakfast is scheduled for 7:30 a.m. Wednesday, July 17, 1991, at the Autumn Room of the Sheraton Park Place, 5555 Wayzata Blvd., St. Louis Park. It is located on the SW corner of Hwy 12 and Turner's Crossing, or the first stoplight west of Hwy 1 00. Please R.S.V.P. to Carol or Nicole by noon Friday, July 12. These next 12 months promise to be anything but tranquil for cities. The governor and Legislature already have put cities on notice that they better be able to prove that their finances are in order and are lean. In addition, cities also face a number of high stakes issues, such as: * a constitutionally dedicated Local Government Trust Fund; * light rail transit; and * metropolitan governance. This is not a formal gathering. We hope for, and expect, lots of give and take from you; because your opinions, concerns and advice will help shape AMM's policies and priorities for the 1992 session. We were successful in advancing the metropolitan position on major bills this legislative session because we spoke from a strong, unified platform developed from committee meetings that encompassed all points of view to reach consensus. This breakfast also can be a forum for you to tell us what you'd like to see AMM do by way of member services. We hope we are doing a good job representing you. If you have any suggestions for improving our services, we'd like to know. 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 CIM JUL 5', m— 1 We hope you plan to attend the July 17 breakfast at the Sheraton. We would ask that managers make this information available for and extend this invitation to city council members. As always, if you have any questions, don't hesitate to call the AMM office. Sincerely, Bob Long, AMM President Jon Campbell, AMM Board Member St. Paul Council Minneapolis Council C))P4 Larry Bakken, AMM Board Member Golden Valley Mayor CIM JUL 5'91 i vi > a c 2 c A CD cw) a N N M r N 01 to N 0 0 N CO LA N N S3 N LA T T' N rn Ur. W U In N 07 N f� N UO© a M i T OD LA r r N O '7 Q QD5 aa,, a� nC) u,gv a0 a0 gU cr) O T `a r r N t- *" C7 w O =z a z 8 Oco N04 N M > v z ,.� �� �z F do zw �w z 0 zW u ci c� O V O z WWRI.aA O. :: O W ' C cn aA Qwr S (� N � Q C'I IOD d' T T N CD N fA cw) a N N M LL N 01 to N 0 0 F-��2NN CO LA N n S3 N .V N 3 N _ (D C) N N In N 07 N f� N rl N �D ►D T Cl+'rl JU 1 CI'm JUN , N N LL n N N F-��2NN tAN�N H N N NQf tD NCr) rl N �D ►D T Cl+'rl JU 1 CI'm JUN , m- io COUNCIL CALENDAR: JULY 8 -JULY 21 July 1991 July 8 MONDAY >' July 15 6:30pm COUNCIL STUDY MEETING 6 7:00pm COUNCIL STUDY MEETING July 9 !' TUESDAY July 16 7:30am INTERFAITH OUTREACH BREAKFAST 12 13 MEETING 15 16 7:00pm BOARD OF ZONING 18 19 July 10 DN ES DAY July 17 6:45pm PLAN. FORUM zo, EMPLOYEE PICNIC - French Regional Park 7:00pm PLANNING COMMISSIONpit 17:30 - 4:30 pm 28 29 am AMM ANNUAL OUMEACH BREAKFAST** 31 6:30 pm SUBURBAN RATE AUTHORITY** July 11 THURSDAY;<< July 18 7:00pm PRAC 23 24 7:00pm SHINGLE CREEK WATERSHED MANAGEMENT 26 COMMISSION" 28 29 July 12 FRIDAY July 19 July 13 SATURDAY July 20 July 14 SU N DAY > July 21 V Y'y 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 17 18 19 20 *Revised Meeting/Event **New Meeting/Event Gins JUL 5 '� i cIm JUN L ( �,' 6/27/1991 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 Gins JUL 5 '� i cIm JUN L ( �,' 6/27/1991 COUNCIL CALENDAR: JULY 22 - AUG 4 July -August 1991 July 22 6:30pm PLYMOUTH FORUM 1, MONDAY I 7:00pm COUNCIL STUDY MEETING July 29 7:00pm'REG. COUNCIL MEETING July 23 TUESDAY July 30 July 24 7:00pm PLANNING COMMISSION IWEDNESDAY July 31 July 25 ITHURSDAY 6:30pm SPECIAL OLYMPICS PICNIC - Parkers Lake Park August 1 July 26 FRIDAY August 2 July 27 SATURDAY August 3 July 28 SUhiDAY!<> August 4 July 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 August M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 ly 12 13 14 15 16 17 18 CIM JUL 5'9 1 26 19 207 28 2299 22 30 34 25 WA JUN 27 ",1 1 6/19/1991 17—o2, - MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 5, 1991 TO: James G. Willis, City Manager FROM: Fred G. Moore;�Dir��ector of Public Works SUBJECT: PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) NORTHWEST BOULEVARD AND SCHMIDT LAKE ROAD CITY PROJECT NO's 011 AND 106 On July 2, 1991, I received the attached letter from the Minnesota Environmental Quality Board (EQB) concerning a petition they had received requesting an EAW on the above referenced project. The petition for an EAW is specifically referenced to the following project: "Continuation of Northwest Boulevard from 56th Avenue North to 45th Avenue North and Schmidt Lake Road from Pineview Lane to Interstate 494, including proposed Schmidt Lake Road/494 Interchange." As stated in the letter, the EQB has determined that the City of Plymouth is the Responsible Governmental Unit (RGU) to decide on the need for an EAW. I am attaching two pages out of the "Guide to the Rules" as prepared by the EQB which described the discretionary EAW's and petitions for EAW's. As contained in the letter from EQB, the City is allowed 30 working days (Saturdays, Sundays, and Holidays do not count) for the decision on the petition. The decision by the City Council will have to be made on or before August 14. I will be working with the City Attorney and our consulting engineer in preparing a recommendation to the City Council for the August 5 regular Council meeting on the petition. FGM:kh attachments CIM JUL 5'91 Discretionary EAWs and Petitions fortAWs Whenever a project that does not nequue a mandatory EAW or EIS is suspected 6o have the potential for sgmficant envirunn ural effects, any unit of government with apiroval w9hority over the p%lett may order prepazation of a discretiormy EAW in order to determine whether an EIS is needed provided that the project does not fit any Exemption category listed at part 4410.4600; projects of a nature and truagt w& below the exemption threshold are not subject to envirorimental review under any cff=stances. Such a dis uonary EAW may be initiated by action of the govearnental unit witirout the ging of a citi =' petition, but is most frequently initiated by the filing of a citizens' petition pirsuarut to part 4410.1100. "Buis diaper will discs both the case wtiere the review is initiated by petition and the case where ft review is initiated by a Petition Process 'Ire purpose of the petition process is to provide a standard mectmisn by which citizens can bring to the attention of the govemnierut projects which may have the potential for 9gruifrau environmental effects despite the fact that the project does not fail into any mandatary FAW or EIS c amgory. It is an admission of the imperfection of the mandatary category system• oocasionaits' thus are projects of a magnitude below the EAW threshold which nonetheless require review because of their locatlorn or unusual features or pro)eus of a unique ruature which wen; simply never contemplated when the rnandatones categories were developed Tic procedures f•r thepetition process .1 • forth part 44 10.1100.• : has prepared brochure on Common Misconceptions About the Petition Process 1. Citizen groups frequently wish to petition for an EIS. Under the present statute it is possible only to petition for an EAW. An E!S can only be ordered by going through the EAW process to gather infbmiatiom The EQB staff treats any petition asking for an E!S as if it were a petition for an EAW. 2. Petitioners sometimes request that the EQB chair assign a particular governmental unit as the RGU - usually because they believe that the normal RGU will be biased in favor of the project. The EQB chair is constrained by the RGU selection rules in the assignment of an RGU and generally has no flexibility in the assignment of an RGU, unless the rules provided that more than one governmental unit could serer as RGU for the particular type of project. (Note that if an EAW is ordered, the RGU can be changed by action of the EQB, as dicussed on page 6.) 3. The filing of a petition imposes a prohibition on any final goverrunental decision to gran necessary permits until either the petition has been dismissed by the assigned RGU or until the EAWIElS process is completed. Proposers affected by petitions sometimes complain about the alleged abuse of 17 CIM JUL 5'y i thus prohibition by project opponents who file a petition in order to stall approval of the project rather than because of any real concern about the emi=rrtent. It is the policy of the EQB staff to forward the petition to the assigned RGU as rapidly as possible so that the RGU can act on the petition as rapidly as possible, and dismiss those that have no merit. A survey of RGUs by EQB found that the average length of time for action on a petition was 18 days from filing. The survey also fowid that about one petition in four to five resulted in an EAW. 4. Another common complaint about the petition process is that there is no resideruy requdrement for the petition signers. The EQB stag' believes that this is not a legiiunate criticism for several reasons. First, if the envfronmental allegations m the petition are valid, why should it make any difference who brings them up? Second, in abnost every cape, the signers of a petition are indeed area residents. Third, and most importantly for practical reasons, if residency regtdrements were imposed there would be a substantial delay in proxming the petition while the EQB or RGU verified the signatures. 1988 Change in Petition Process One change was made in the petition process as pmt of the 1988 Wile arrre:rdmer,ts Frsmeriy, if for any reason the assigned RGU could not act on the ped6m at the time it was filed (e.g., if no pmnit application had yet been filed, or if the application was withdrawn), the petition was placed on hold for an inde5mite pMIA In some mss, years passed before the profit was presented again for approval and when it was, the petition was forgotten anal the approval process was nearly over. To avoid this type of confusion and possible legal problems that could result from it, tire rules were amended so that now a petition remains valid for only one year from its date of filing will, the EQB. Discretionary EAWs Regardless of whether a petition is filed, any unit of govenunent that must approve or assist on any project has the authoriry to carer preparation of an EAW if it determines that the project may have the potential for significant environmental effects, provided that the project is not exempt pursuant to part 4410.4600. The EQB staff believes that the disaetiomry EAW is parliarlarly appropriate for pubes Projects where dm is some possbky of siglrificant adverse envirotunental impacts or where there may be a pexceptim of such By -Wang the bull by the horns" and preparing a discretionary EAW, the goverrmrenual unit can systematically daamine what the adverse impacts are and how severe they may be as well as forestalling unexpected delays later in the planning/approval process should a covens petition be filed. A dis retimary EAW may be used m jointly review urdependent projects, neither of which exceeds a mandatxy threshold, that may affect fire same geographic area in order to assess their cumuilative impacts A discretionary EAW may also be used to assess any stage of a potential multistage project regardless of whether any stage exceeds a mandatory dueshold This may be especially appropriate for a first stage that is just under a mandatory drrest,old or for a second stage if the first stage was just under the threshold. (Note, however, for 111111 residential projects new regmrements within @re mandatary categories call for a different treatment of staged residential projects.) 109 c!N JUL 5 '� _r z !� of 300 Centennial Building •658 Cedar Street •St Paul, Minnesota 55155 612-296-2603 X14 � June 26, 1991 mr. Fred Moore, Public Works Director City of Plymouth 3400 Plymouth Road Plymouth, MN 55441 RE: Petition for an Environmental Assessment Worksheet (EAW) for Extensions of NW Boulevard and Schmidt Lake Road; 494 Interchange Dear Mr. Moore: The Environmental Quality Board (EQB) has received a petition requesting that an EAW be prepared on the project described in the petition, and has determined that the City of Plymouth is the appropriate governmental unit to decide the need for an EAW. The requirements for environmental review, including the preparation of EAWs, can be found in the Minnesota Rules, parts 4410.0200 to 4410.7800. Please contact me if you do not have access to these rules. The procedures to be followed in making the EAW decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petition, nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EAW, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100). 2. A first step in making the decision regarding the need for an EAW would be to compare the project to the mandatory EAW, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited. If this should be the case, proceed accordingly. 3. If preparation of an EAW is neither mandatory nor exempted, the City of Plymouth has the option to prepare an EAW. The standard to be used to decide if an EAW should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained. An Equal Opportunity Employer CIM JUL 5 X91 Mr. Moore June 26, 1991 Page Two 4. You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. 5. You must notify, in writing, the proposer, the petitioners' representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records. This is not required, however. 6. If for any reason you are unable to act on the petition at this time (e.g., no application has yet been filed or the application has been withdrawn), the petition will remain in effect for a period of one year, and must be acted upon prior to any final decisions concerning the project identified in the petition. Notice of the petition and its assignment to your unit of government will be published in the EOB Monitor on July 8, 1991. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253 or you may call on our toll-free line by dialing 1-800-652-9747 and asking for the Environmental Quality Board, Environmental Review Program. Sincerely, Gregg Downing Environmental Review Coordinator cc: John Stemper { elm JUL < Petition to Environmental Quality Board Date: 17 June 1991. Description of the proposed project: Continuation of est Boulevard, from 56th Avenue North to 45th Avenue North and Schmidt Lake Road from Pineview Lane to Interstate 494, including proposed Schmidt Lake Road./ 494 interchange. Proposer of the project: City of Plymouth, Minnesota. Petitioner Representative: John A. Stemper, 12925 54th Avenue, Plymouth. MN 55442. (612) 559-4071 or (612) 338-8551. Potential Environmental Effects: As residents we want to be assured that the City of Plymouth continue to evaluate the most feasible and prudent alignment for the continuation of Northwest Boulevard and conduct an assessment of the impact against wildlife and.wetland areas. The AD Alignment now under consideration allows the ability to construct an interchange at I-494 and Schmidt Lake Road. This is outlined in the City of Plymouth's Comprehensive Plan, copyrighted 1984 and their Thorouqhfare Guide Plan (1989). This interchange would have significant impact_ to DNR wetlands 59241 and 593W. A previous EAW for this same project area did not account for the impact against these same wetlands from such an interchange. Attached please find a map from the City of Plymouth's consulting engineer outlining the proposed alignments. You will note the location of the wetlands and their proximity to I-494 and the proposed extension of Schmidt Lake Road. We recommend the consideration of Alignment AE which would minimize the impact to the total environment - wetlands, wildlife and people. It ,A,i11 maintain the integrity of DNR wetland 590W and its adjacent wiIdlife/upland habitat, as well as be consistent with the City's objective of the project (Reducing conjestion on I-494, which is nearing maximum capacity now, by providing an alternative for shorter trips.). Your prompt consideration is appreciated. i G Jo. A. Stemper Representative of Petitioners. Attachments: 2 Maps. DNR letter to City of Plymouth. elm jut 5'91 -=2 Petition for an Environmental Assessment Worksheet to be completed on the proposed Schmidt Lake Road ! Interstate 494 interchange. Please have all interested voting age parties sign with street address, city and zip. All addresses below are in Plymouth, MPJ 55442. 5) Mailing Address -6�t4 -.s49-� 44 Su7`., A, '0 N J�Ave� /7- 866 12G25 - 5g TH M.E . Nd 1��1s SYS' fie. 6. 99n `�� 75 19r-fs C (LOU 015- Zs W c"f' A (4t4&- �q6-� Z :!t4 A /L/ CIM JUL 5'91 -T-2- Petition .Z -Z Petition for an Environmental Assessment Worksheet to be completed on the proposed Schmidt Lake Road / Interstate 494 interchange. Please have all interested voting aye parties sign with street address, city and zip. All addresses below are in Plymouth, MN 55442. Name OtT -Z ��� Mailinq Address id- /� q�� CIM JUL 5'91 CIM JUL 5'91 �: Z u cr .VI ••�1• . - • O •_-_ SAY - •ILII I a� � a=8 I tui � � � ••{ �.:•r :a,:ti �_ .n z cn Ulm JUL 5 �J 1 I I I Z w Z \ I 2 W O —Z — Q i Z Z o \ wN N ti Qi x W0 WI e E a i _ W Irc i I WW 3NII 005 Q _ O O � =¢ < = W W i // / 6 j t t Su J L) r` a N CJ W L6 I' o w O �J OVOd� /Sn l01 W N75 � Y 0. F- �� I /00 W u I f- � V fJ a w / n N 3A0 M1Cb � Z y W Ol } 1 a 6'Z• } 0 5 J t�=�QP+�" 1-- Z CAM JUL 5 'tj r`�EDEPARTMENT STATE OF [2 � (0)c[rIAS ' OF NATURAL RESOUR Metro Waters, 1200 Warner Rd., PHONENO. 772-7910 May 20, 1991 Mr. Fred Moore Public Works Director City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55441 t .►eYl , MN T- z ♦ i li�eL��/�Ipf Av 5106 FILE NO. RE: NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, PERMIT APPLICATION #91- 6185, CITY OF PLYMOUTH, HENNEPIN COUNTY Dear Mr. Moore: The original 30 day comment period for permit application #91-6185 has just ended, however, there are previous issues/questions that have not been satisfactorily addressed and new concerns have been brought to the Department of Natural Resources' attention during the review process. 1. Need for Environmental Impact Statement (EIS): An EIS is mandatory for construction of a road in a new location which is four or more lanes and two or more miles in length. You have indicated to this office that the proposed road is less than two miles, however, this has not been verified. I would suggest contacting Gregg Downing of the Environmental Quality Board (EQB) regarding EIS requirements. A map that shows the entire length of Northwest Boulevard and Schmidt Lake Road to be upgraded/ constructed should be submitted to this office. I assume Gregg Downing would also need this type of information in order to determine whether an EIS is required. It appears to me, and several of those who reviewed the permit application, that the Northwest Boulevard/ Schmidt Lake Road projects have been "piece-mealed." The project must be reviewed as a whole. If an EIS is required, the DNR cannot take final action on the permit application until after the environmental review process is completed. 2. Proof of Public Need: Minnesota Rules, part 6115.0190, subpart 3., item F specifies that the city must demonstrate "that the public need for the project rules out the no build alternative." The basic information needed to demonstrate the public need is some type of official city council action, i.e., a resolution, regarding the need for the Northwest Blvd/Schmidt Lake Road project, and a transcript or summary of the public hearings/meetings that have been held. A traffic analysis has been completed, however, this analysis alone is insufficient proof of public need. If an EIS is completed we AN EQUAL OPPORTUNITY EMPLOYER eim J& 5'91 T- 2 - Mr. Mr. Fred Moore May 20, 1991 Page (2) would expect the "no build" alternative section to be a serious review of the impacts on the neighborhoods, (assuming these sections of Northwest Boulevard and Schmidt Lake Road are not built and/or upgraded). 3. Least Impact Alternative: Many specific questions about the road design and location have arisen in regard to whether "there is no feasible and practical alternative to the project that would have less environmental impact" (Minnesota Rules, part 6115.0190, subpart 3., item F). A. Choice of alignment - It has been suggested by the city, and its consultant, that alignment AD was chosen because it had the least wetland impact. We are not convinced that AD is the least impact corridor. The Environmental Assessment Worksheet (EAW) indicates there would be 4.1 acres of wetland filled with Alignment AE, however, we believe that the wetland impacts are exaggerated relative to the other alternatives and could be greatly reduced by considering some of the possibilities for minimizing impacts. In addition, it is erroneous to state that Alignment AD must be chosen because it has the least amount of wetland filling. The amount of wetland impacted by filling is certainly a major criteria, however, many other factors are considered when determining whether the chosen alignment has the least environmental impact. At the first on-site meeting last summer (May 30, 1990) DNR wildlife manager Kevin Lines and I expressed our initial impression that, if the road upgrading was necessary, Alignment AE (existing road alignment) would be our preferred alternative. We were told there were various reasons that Alignment AE was not the city's preferred alternative, mainly related to the location of the secondary road and its proximity to I-494. Before alignment AE is ruled out, a more conclusive determination is needed from the Minnesota Department of Transportation (MDOT) or Hennepin County stating that alignment AE cannot be used and specifying the standards that would be violated. B. Minimization of Impacts - The city's consultant has already explored some options for minimizing the wetland impacts. We are not convinced that all the possibilities for minimizing environmental impacts have been fully utilized. Some of the options that have been suggested are: W JUL '5'91 Z- 2 - Mr. Mr. Fred Moore May 20, 1991 Page (3) 1) at -grade crossing of the railroad rather than grade separated, 2) reducing the design speed of the road so that more extreme curves can be used (many secondary roads have speed limits of 30 or 35 mph), 3) adjusting the corridor in alignment AE to avoid more wetland by utilizing upland areas adjacent to the wetlands, even if it means changes to proposed plats by Curtis Lake and wetlands 27-590 and 27-592, and 4) if #3 is not possible, follow the existing road bed more closely in alignment AE. I plan to attend the May 20, 1991 meeting with the affected residents. We can discuss future direction once the city and its consultant have had an opportunity to review these concerns. I am also enclosing a copy of the comments from DNR Area Wildlife Manager Tim Wallace. Please contact me at 772-7910 should you have questions regarding these comments. Sincerely, C� Ceil Strauss Area Hydrologist cc: Tim Phenow, Strgar-Roscoe-Fausch, Inc. Tim Fell, USCOE Wayne Barstad, Ecological Services Gregg Downing, EQB Tim Wallace, AWM Dave Zappetillo, AFM J.L. Stine, Regional Hydrologist John Stemper, 12925 54th Avenue North, Plymouth, MN 55442 Dale Claridge, Shingle Creek WMC X 1�� JUL -5'91 DEPARTMENT OF NATURAL RESOURCES TO Ceii Strauss Area -.Hydro-logist FROM Tim Wallace Area Wildlife tanager STATE OF MINNESOTA T- G, OFFS CE MEMORA3�TD UM DATE. 20, May, 1991 SUBJECT: DNR Protected Waters Permit Application Number 91-6.85 for Schmidt Lake Road and Northwest Boulevard construction affecting wetlands 27-590W, 591W and 593W. Since our meeting on site on May 9th I have reviewed the permit apniicatior_ more completely and have several comments on the project from the standpoint of impacts to wildlife and wildlife habitat. First, the alignment chosen by the city as having the least impact to wetlands seems to meet that criteria because of the way that the alignment of alternative AE, West Medicine Lame Drive, as planned. If more, or all, of the existing roadbed were used in the design the impacts to wetland 27-593 would be substantially less that shown in the application. Second, the effects to wildlife movement between wetlands would be much less if alternative AE were used because I-94 is already a major barrier. Also there is a Type III, IV wetland in an outlot to the east of wetland 27-590W which would be isolated by the City's preferred alignment. Interestingly, no mention of this wetland is made in the supporting documents. I have.ircluded a man which shows how I think alignment AE should be modified in order to make it the least harmful alternative. I hope that the City of Plymouth will reconsider this alignment as the most environmentally sound choice. I also encourage the Division of Waters to make the city provide better reasons for not choosing this alternative over their mreferred route. I am sorry that I will not be able to attend the meeting concerning this application at 2:00 pm today, unfortunately I have other commitments. cc: Roger Johnson Wayne Barstad File ., .S V Z ............. Lim ,1llL 5'g' 300 Centennial Building • 658 Cedar Street • St. Paul, Mu msota 55155 E.Q.B)- 612-296-2603 May 29, 1991 TO: Ceil Strauss, Area Hydrologist, DNR FROM: Gregg Downing, Environmental review coordinator( - RE: Plymouth Northwest Boulevard environmental review This memorandum expresses the opinion of this office regarding the environmental review requirements for the Norwest Boulevard project in Plymouth. As reflected in your letter of May 20, 1991 to Mr. Moore of the City, the question has been raised about whether an entire project may have been "piece-mealed" such that a mandatory EIS was circumvented. After discussing the issue with Mr. Moore and several of the concerned citizens, reviewing our file on the EAW done for the "Schmidt Lake Road/NW Boulevard project, and viewing the project area, I have reached the conclusion that environmental review requirements have been satisfied for the roadway in question. My conclusion is based on the following factors: (1) It is not clear that the mandatory highway category specified at part 4410.4400, subp. 16 ever applied to the NW Boulevard project. The termini of highway projects are a matter of judgement on the part of the RGU, especially when, as in this case, the road is being built sequentially to provide access to developing areas. While the designation of County Roads 9 and 10 as the project termini in this case can be disputed, it can also be defended on good grounds. Additionally, even if the likely future extension from County Road 10 to Hemlock Lane is taken to be part of the "project," it is disputable whether that section qualifies as being "on a new location" because of its relative proximity to existing roadways. (2) Environmental review has been completed in compliance with EQB requirements for the section of road for which the DNR permits are required, as part of the "Schmidt Lake Road/Northwest Boulevard EAW". In that review no one raised the issue of the project being improperly defined, nor did anyone request that an EIS be prepared. The statutory period for appealing the negative declaration has expired. Consequently, it is our belief that even if the City's definition of the project had been in error in the EAW, it is beyond reconsideration now. If you have any questions regarding this memorandum, please contact me at 296-8253. cc: Fred Moore, Public Works Director, City of Plymouth John Stemper, 12925 54th Avenue N., Plymouth, 55442 Tom Balcom, DNR Office of Planning An Equal Opportunity Emp;oyer CIM JUL 5', PRIVATE STREET TASK FORCE Name Scott H. Dake 11510 49th Avenue N. Plymouth, MN 55442 Thomas Fischer 12110 61st Avenue N. Plymouth, MN 55442 Deb Frenzel 2775 Upland Lane Plymouth, MN 55447-1920 Bernadette J. Klein 1840 Troy Lane Plymouth, MN 55447 Jennifer L. Martin 10320 28th Avenue N. Plymouth, MN 55441 Earl Peterson 14875 19th Avenue N. Plymouth, MN 55447 William Pritchard 14725 41st Avenue N. Plymouth, MN 55446 Beverly Romfo 14215 44th Place N. #5 Plymouth, MN 55446 Fred Moore Director of Public Works Telephone Number R. 553-0322 O. 340-2219 R. 559-8759 R. 559-4493 0. 559-9336 R. 473-9687 0. 368-3609 R. 593-5237 R. 476-2573 R. 557-0751 0. 544-7333 R. 550-1470 0. 546-3800 O. 550-5080 T- 3 7/91 CIM JUL 5'91 June, 1991 association metropolitan,, �,-' municipalities x�, 183 University Ave. East, St. Paul, Minn. 55101 The President's Corner: Metropolitan Agenda 2000: Vision for the Future By Bob Long, President The Association of Metropolitan Municipalities is celebrating an anniversary this year. Twenty-five years ago AMM's forerunner, the League of Metropolitan Municipalities was formed. At the same time the Metropolitan Council also was born. Now the Metropolitan Council is at a crossroads. Because of the governor's threat to abolish the council if it does not reform, the AMM must return to is roots and take a more pro -active role in setting the metropolitan agenda. The AMM is well positioned to play a leadership role in setting the metropolitan agenda. Since AMM's 66 member cities embrace more than 90 percent of the metro area popula- tion, the AMM can speak clearly on behalf of the citizens in the metro area. The AMM is the only group of city officials formed for the purpose of representing cities and their residents on metropolitan wide issues before the Metropolitan Council and Metro- politan Agencies. I propose that the AMM rise to meet the many challenges facing the metropolitan region and be committed to being the organization to develop what I call "Metropolitan Agenda 2000: AM M's Vision for the Future of the Metro Region." This is one of the top priorities for me as AMM Presi- dent for the coming year. In setting this agenda, AMM will develop its vision for the metro region in the decade of the 1990s. We will have to focus on the many issues AMM President Bob Long outlines his hopes for 1991 facing the region, and the strategies A. Development of a strategy for needed to maintain the quality of life transportation planning in the metro - we desire in the next century. politan region and for resolving the In tandem with developing this many issues surrounding the devel- agenda, AMM also will develop its opment of light rail transit, and vision for the missions, roles and B. Development of a strategy for purposes of the Metropolitan Council improved coordination of solid waste and the other metropolitan agencies, management in the metro region by and how those organizations can best establishing regional solid waste meet the challenges facing the commission that could be under the region. This direction was recom- purview of the Metropolitan Council. mended by the AMM's Mission and Another priority for me as President Membership Services Task Force would be to continue to enhance and has been approved by the Board. AMM's presence and effectiveness at The process of developing this the Legislature, where the AMM agenda will begin in earnest during spoke so effectively on behalf of the next few months under the metropolitan cities and their interests. guidance of the AM M's Metro Agen- AMM has strengthened its position at cies Committee, the Legislature during the past few While expecting many issues will years through a concerted effort to be faced in developing this Metropoli- establish a metropolitan perspective tan Agenda 2000, 1 want AMM to play on legislative matters. Specifically, a leadership role in addressing at AMM hosted its first reception for least two major issues facing the metropolitan legislators and has metropolitan region and the Metro- politan Council: continued on page 6 This newsletter is printed on recycled paper am JUL 5 ,91 Bob Long, Karen Anderson to lead AMM in 1991 Building on the role the Association of Metropolitan Municipalities has had in metropolitan affairs and at the Capitol is top priority for St. Paul council member Bob Long, who was elected President of the AMM during its Annual Meeting May 30, 1991, in Brooklyn Center. Long succeeds Larry Bakken, Mayor of Golden Valley, as president. Karen Anderson, Minnetonka council member, was elected vice president during the gathering at the Earle Brown Heritage Center. "We must develop strategies that are pro -active and continue to develop a metropolitan agenda," Long said, noting that the AMM has advanced its policies in the halls of the Capitol and in the board room of the Metro- politan Council. He noted that the AMM is the only group of city officials formed to represent cities and their residents on metropolitan -wide issues before the Metropolitan Council and metropolitan agencies, and also serves as a watchdog for those agencies having a metropolitan scope. Long pledged to continue to expand AMM's leader- ship role in shaping the agenda for the metropolitan area, including an examination of the Metropolitan Council and its commissions to determine how those organizations can best help the region. He said he wants the organization to work with the Metropolitan Council to develop a transportation plan that would help resolve metropolitan transit matters, including light rail transit, and generate a strategy for improved coordina- tion of solid waste management. Long, a councilman since 1987, has served on the AMM Board of Directors since 1988. Anderson has served on the Minnetonka council since 1985 and on the AMM board since 1987. Bob Long Karen Anderson AMM Officers, Board of Directors 1991-92 PRESIDENT: Bob Long, Council member, St. Paul VICE-PRESIDENT: Karen Anderson, Council member, Minnetonka PAST PRESIDENT: Larry Bakken, Mayor, Golden Valley BOARD DIRECTORS (Eight elected for two year terms): Bill Barnhart Coordinator's Office Minneapolis Richard Enrooth Council member St. Anthony Ken Mahle Mayor Woodbury Frank Ongaro Mayor's Office St. Paul Barbara Peterson Mayor Orono Craig Rapp Manager Brooklyn Park Tom Spies Council member Bloomington Brenda Thomas Council member Roseville CONTINUING BOARD MEMBERS (One year remaining in term): Don Ashworth Manager Chanhassen Bill Burns Manager Fridley Joan Campbell Council member Minneapolis Tom Egan Mayor Eagan Dave Childs Manager New Brighton Betty McCollum Council member North St. Paul Gloria Vierling Council member Shakopee Gene White Council member Prior Lake z� Bakken looks back In defense of AMM's success The Association of Metropolitan Municipalities (AMM) member cities should be proud of AMM's high profile at the Legislature and its being included in inner circle tax and budget negotiations during the waning days of the 1991 session, said Larry Bakken in his report of operations during the Annual Meeting May 30. The AMM, the out -going president said, lived up to the goals stated in its mission statement calling for it to become the `primary representative of the collective interests of all metropolitan cities on metropolitan wide issues and statewide issues with unique metropolitan significance." 'We wanted to become more proactive at the metropolitan level, including helping to set the metropoli- tan agenda. We wanted to make our presence more known in the legisla- tive process. We said we wanted to be the 'player' (for metropolitan interests). We've been able to do that," he said. None of the accomplishments could have been made without strong membership support, he said, including the overwhelming support of a 19 percent dues increase for an additional staff position. The addi- tional staff member enabled Vern Peterson and Roger Peterson to spend more time at the Capitol to press the metropolitan position on legislative matters. The AMM hit the legislative session running by sponsoring a reception for metro area legislators and unveiling a video explaining the importance of city services in the everyday lives of Minnesotans. "We weren't talking about the fringes, we were talking about the fabric of society," Bakken said of the city services video. Also, because the AMM contracted with the city of Minneapolis for computer runs that broke down the property tax costs if different budget proposals were enacted, AMM continued on page 6 am SIAL 5'91 AMM Annua I Meeting May 30,1991, Earle Brown Heritage Center, Brooklyn Center Brooklyn Center Mayor Todd Paulson wel- comes AMM members to Brooklyn Center. President-elect Bob Long and his wife, Karen Sletten, listen. Larry Bakken delivers his annual operations report as Long and Sletten look on. Metropolitan Council Chair Mary Anderson explains her goals for the council during her keynot address. Robbinsdale Mayor Joy Robb (left) portrays an irate resident during a workshop on media- tion. Joining Robb are Nancy Welsh of Mediation Center as the mediator and Richfield Manager James Prosser as the annoying neighbor. Brooklyn Center Manager Jerry Splinter listens as the annual meeting gets under way. Clm, JUL 5''31 Met Council to be more positive, It was old home week for Mary Anderson. The former Golden Valley Mayor now Metropolitan Council Chair delivered the keynote address during the Association of Metropolitan Municipalities' Annual Meeting. Anderson, an AMM past president, was introduced by current Golden Valley Mayor Larry Bakken in one of his last acts as president of AMM. Mary Anderson Anderson said her first goal as Met Council chair was to develop a more positive, working council whose membership understands how to approach decision-making and appointments. When asking people what they thought of when they hear the words, "Metropolitan Council," Anderson said she heard one theme repeatedly. "The council over the years is spend- ing less time doing long-range policy development," she said, adding what she heard indicated people believe the council has gotten into more specific, operational activities. One reason why the Council hasn't directed its energies more toward long-range policy development is because of the number of many specific projects it has received from both the Legislature and the gover- nor. While these projects could affect long-range policy, they "don't neces- sarily get you into the policy develop- ment mode." AMM policy committees seek members The Association of Metropolitan Municipalities Policy Committeess will be reappointed for two-year terms by the Board of Directors to begin developing new policy or modifications to current polcy for the 1992 legislative session. Committee meetings are scheduled to begin in late July and should be completed in September. The Association has five continuing policy committees made up of local officials (elected and appointed). These committees study a broad range of issues concerning cities. The policy committees will develop appropriate legislative policy based upon requests from member cities or officials. The proposed policy document is submitted to the Board of Directors and distrib- uted to the full membership for discussion and final action. The five committees seeking membership are General Legislation, Metropoli- tan Agencies, Municipal Revenue, Housing and Economic Development, and Transportation. The Board of Directors has decided to examine the state of metropolitan governance generally and the Metropolitan Council specifically. To oversee this examination, a task force is being formed through the auspices of the Metro Agencies Committee. The task force will examine in depth metro governance and what changes should, or could, be made. Such a study is timely in light of Gov. Arne Carlson's giving notice that the Met Council will be dissolved unless it can become more meaningful and relevant. The task force is not limited to Metro Agencies Committee members. Although its membership would be drawn wholly from within AMM, the task force would listen to suggestions and thoughts from other "good government" organizations. People currently serving on the policy committees and all AMM city officials have been contacted to determine if they wish to sit on a committee. People having questions about the committees and their membership may contact the AMM office, 227-4008. trusting group The Metropolitan Council also is devoting more time to constituency services, Anderson said, which, again, draws it away from long-range policy planning. Some of the issues Anderson sees falling into both specific and long- range categories include the airport site search, solid waste management, implementation of a housing task force report and developing a coordi- nated plan for transit that won't be limited to light rail transit. Other emerging issues include collaboration and consolidation of services and/or local government, a review of metropolitan development and investment framework related to systems, and an examination of the impact of development and invest- ment on people. "How are we going to respond to all of this and still develop long-range planning?" Anderson asked. "Once we develop as a council that good, trusting working relationship with each other and with our staff, we will be able to streamline our operation by setting criteria and guidelines for our staff. We know that if you have a good, trusting relationship with staff, our policy -makers can make policy and the staff can implement it." Besides developing this relationship between policy -makers and staff, Anderson said the Metropolitan Council needs to develop priorities "to decide what is it that the Metropolitan Council really should do; which issues are most important." Anderson challenged the members of the audience to ask themselves : What do you want the region to look like 25 years from now. When answering that question, she said, officials may want to look at the physical infrastructure, social issues and economic impact. How effective local, metro and state government officials could be rests in two areas, Anderson said, "How well do we work together and how well do we listen to each other. It isn't easy to listen when you're thinking about what you're going to say next. "The key is working together." 0141 JUL 5'91 Members of the alternative dispute resolution workshop panel were (from left) Roger Williams, New Brighton council member and mediator with the State Office of Dispute Resolution; James Prosser, Richfield manager; Charles LeFevere, an attorney representing several cities, and Barry John- son, Woodbury manager. Workshop shows benefits of mediation over litigation The value of mediation as a help for city officials caught in potentially troublesome situations was examined during a workshop conducted in conjunction with the Association of Metropolitan Municipalities (AMM) annual meeting May 30. The workshop was conducted by AMM Past President Larry Bakken, and mediators Roger Williams of the State Office of Dispute Resolution and Nancy Welsh of Mediation Center in St. Paul. Through a role-playing exercise and panel discussions, workshop partici- pants discussed ways to introduce to city officials the concept of alternative dispute resolution, of which mediation is one facet. Alternative forms of dispute resolution such as mediation or arbitration provide cities with an option other than litigation when faced with a problem. "You (city officials) are not abrogat- ing authority," Williams told the group of about 30. "People are elected to see that issues are resolved, not to resolve them." Williams, a New Brighton council member, also warned the officials to be wary of the term, "success," when discussing mediation. "You may not get the kind of success you were looking for, but you may achieve a cooling -off period and can work toward a solution some other way." Mediation also provides participants a chance to take part in an outcome that affects their lives, Welsh said, explaining that Mediation Center research indicated people who used mediation 'left like they were listened to." The workshop was developed by AMM's Dispute Resolution Commit- tee, co-chaired by Williams and Jim Prosser, Richfield Manager. The committee was among the recom- mendations developed by the Mission and Membership Services Task Force. Members of the audience sug- gested several ways to better publi- cize the existence of alternative methods of resolving disputes. Among the suggestions: • Community mediation services provide periodic reports to cities that can be reprinted in newsletters. • Additional training for police and code enforcement personnel, who may be called upon to either act as an on -the -scene negotiator or decide whether a matter may be ripe for mediation. • Document savings gained by using an alternative to litigation. From theP ersonnel files AMM members move on, move around ... in state, regional government The Association of Metropolitan Municipalities (AMM) continues to have strong representation in the administration of Gov. Arne Carlson. Recent appointments include: Gary Bastian, Maplewood mayor, as assistant commissioner for Labor and Industry. Bastian resigned his position with a Minneapolis law firm, but continues as mayor. Janet Wiessner, former Falcon Heights Administrator, now works with Public Employees Commissioner Linda Barton, former Burnsville manager and AMM activist. Wiessner is Barton's assistant. Jim Krautkremer, former Brooklyn Park mayor, was named to the Metropolitan Council in March. ...and in city government Managers from several AMM cities are moving on or away from the metropolitan area. Among the personnel changes: Gary Word is leaving his post as South St. Paul administrator to take a similar position in Northville, Mich., a suburb of Detroit. Robert Svehla began his duties as Coon Rapids city manager on June 17. Svehla, former city man- ager of Independence, Mo., re- places Gary Jackson, who re- signed in November to become city administrator of Liberty, Mo. Mark Bernardson has resigned as city administrator of Orono to take over manager duties with Bloomington. Bernardson replaces John Pidgeon, who retired after spending nearly a quarter of a century as Bloomington's city manager. Ryan Schroeder is the new administrator for Ramsey. Schroeder was the former assistant manager for Robbinsdale. Congratulations on your appoint- ments! CINI Jul l 5'Q1 AMM breakfasts planned for July The Association of Metropolitan Municipalities (AMM) will sponsor five re- gional outreach breakfast meetings in the metro area for member city officials during the weeks of July 15 and July 22. The meetings primarily serve as a vehicle for member city officials to offer opinions on issues and priorities for legislative policy committee agendas for the 1992 legislative session. These breakfasts also give the opportunity to provide input into the policy-making process to all city officials, especially those who are unable to otherwise participate on committees. City officials are urged to attend because the give-and-take discussion of previous years was extremely valuable to the AMM Board and policy committees. Notices will be mailed within the next few weeks. Bakken: AMM 'player' during session (continued from page 2) lobbyists were able to drive home the consequences of legislative action. "We were a player. We were behind the doors. We got the attention of the Legislature and the governor, and that's what we set out to do," Bakken said. Turning to the Metropolitan Council, Bakken noted that the AMM would become more involved in the screening of council appointments. He said AMM and other "good government" organizations would review council candidate credentials, then offer recommendations to the nominating committee. The AMM, too, will review the system of metropolitan governance to help to define the Metropolitan Council's role. The AMM also examined the Metropoli- tan Waste Control Commission (MWCC) and is developing a report on how AMM can become more involved in MWCC's permit process. Bakken discussed AMM's involvement in spreading the word about alterna- tive methods of resolving disputes as well as exploring the possibilities of developing a metropolitan committee on international economic development. Trying to explain the attention that AMM enjoyed so far this year, Bakken said, "It's just one of these things that happens periodically in organizations. (Success doesn't come because of) one person as president, (but) because of the time frame that the organization happens to be operating in." z/7/ AMM Board meets every month The Association of Metro- politan Municipalities' Board of Directors meets on the first Thursday of every month (except when a holiday comes on or near that date). Meetings start at 7 p.m. and are conducted in the confer- ence room at the Association office, 183 University Ave. East, St. Paul. All city officials are welcome to attend the board meetings, express their views and bring any subject to the attention of the board. For reasons of security, the building front door must be locked at 7 p.m. Anyone arriving after that time should ring the doorbell, and wait a few minutes for staff to open the door. People wanting more information may call the AMM at 227-4008. LONG: AMM must continue to build on successes, strengths (continued from page 1) discussed the establishment of a metropolitan caucus of legislators. The AMM's legislative success came through in two clear signs. First, the AMM played a significant role in persuading legislators in the metropolitan area that, despite the governor's opposition, the need exists to continue some form of property tax relief for cities. Second, AMM was successful in making its case that the third tier property tax classifica- tion rate should be reduced. Because of this reduction, a significant portion of the state's property tax relief funds will come back to the metro area to finance the reduction of the third tier classification rates. Despite these successes, a great deal of "local government bashing" occurred at the Legislature - such as the Ramsey County Consolidation Study Bill, the proposed freezes on local government salaries, proposed state regulation of local government campaign election practices. This micromanagement and local government bashing must stop. I would like to see the AMM play a role in calling a summit of organizations representing cities, counties, school districts and townships before the next session to ensure that all of these local government organizations are positioned prop- erly to avoid such local government bashing and attempts at micromanagement during the 1992 session. My last priority will be to maintain quality membership services and to continue to increase AMM's visibility and presence within the metropolitan area. This can be accomplished through improved media relations and communica- tions, along with other steps focused toward the goal of retaining and expanding upon AMM's current membership base. If we are perceived as being a strong voice for metropolitan interests, we will be strong. I look forward with excitement to serving as AMM's President, and I pledge my wholehearted commitment of time and energy to most effectively represent the AMM member cities and their interests. A vibrant and healthy metropolitan region depends upon the metropolitan cities' understanding of their mutual interdependence and their willingness to play a leadership role through the AMM in setting the agenda for the metropolitan region for the 21 st Century. CIs►1 JUL x'91 Z__ �_ U.S., British local leaders face similar problems By Nicole Debevec Communications Director Perhaps Minnesotans should breathe a sigh of relief that their property taxes usually are based on an assessor's visual survey of the exteriors of buildings, not a room -by - room inspection. In Great Britain, doors mean rooms, and rooms - even the smallest of closets - are subject to property tax. West St. Paul City Manager Bill Craig learned about taxes on closets while in England as a participant in the International City Management Association's exchange program. He observed local and district levels of government in operation in Warwick District, Warwickshire. The exchange program coincides with the annual conference of the Society of Local Authority Chief Executives, which was last April in Northampton, England. Host managers will be guests during a reverse exchange program in the fall. The program isn't formal; rather, it provides officials from around the world with a chance to compare notes on problems that local govern- ment face and potential solutions. "It gives the managers a chance to expand their view of municipal problems, " Craig said. In Great Britain, for example, local government operates on two planes: municipal and district. In Warwick Distrtict, the three main communities of Warwick, Royal Leamington Spa and Kenilworth receive most of their municipal services through the district. But the cities each have a mayor and a council from which district council members are elected. The district council (which has 45 members) wields the power. It oversees housing, some roads, garbage collection, even gardening. The district council operates similarly to a council in a large American city. "The vast majority of the work is done in committee," Craig said. "The functions of the commit- tees are ratified by the council." British local units of government are funded by the infamous "poll tax," a per -adult charge that has met with severe opposition. "It falls equally on the rich and the poor," Craig said. "That is what local governments live on." While national government officials have announced plans to do away with the poll tax, "they haven't passed an alternative yet," Craig observed. A main difference between local governments in the United States and Great Britain is the latter s eye is cast toward national government, he said. American city officials don't have to glance toward Washington, D.C., in hopes that their political party is in power. That isn't the case, though, in England. "The municipal council is party based," Craig said. `They look to their national government rather than local officials. So, if your party isn't in power on a national level, you may have not have an office after the next local election." Craig said he felt a resentment on the part of local officials toward the national government. `They had been told certain things about the United States by their national officials," he explained. Among them: that the U.S. was moving more toward a strong mayor form of government. Craig noted that a recent study indicated that 62 percent of cities with popula- tions of between 50,000 and 500,000 had a council/manager form of government. Philosophical differences aside, Craig said local governments in England are well run. 'They provide a superior product to the taxpayers. Their parks are well kept, as are their roads and housing. Is this dual government system cost effective? "The British will have to answer that one," Craig said. West St. Paul Manager Bill Craig AMM honors six board retirees Six people have retired from the Association of Metropolitan Munick palities Board of Directors. They were recognized for their contributions as board members during the AMM's Annual Meeting May 30. Walt Fehst, Robbinsdale manger, was a board member for seven years, and served as president during 1989. Bonnie Balach, St. Paul govern- mental relations representative, has been called the quiet but effective board member. Brooklyn Park's solid waste coordi- nator Marilyn Corcoran was a member of the AMM's Mission and Membership Services Task Force. Sharon Klumpp left the AMM Board several months ago when she was appointed Executive Director for the Metropolitan Council. Bernie Peroz was a former Burnsville city council member who served a relatively short time on the Board as he chose not to seek re- election in last fall's election. Maple Grove council member Don Ramstad has been an AMM Board member for the past four years. CIM JUL 5 191 New AMM Board members THOMAS EGAN Eagan Mayor Tom Egan joined the Association of Metropolitan Munici- palities Board of Directors earlier this year. He assumed the duties of mayor on Jan. 1, after having been a member of the Eagan City Council for the previous 12 years. He was elected to his first four-year term in 1978. Egan chairs the council's finance committee, and is a member of the personnel and special assessment advisory committees. He also is the city's representative to the Minneapo- lis -St. Paul Joint Airport Safety Zoning Board and is Vice President - Legal Affairs to the National Organi- zation to Insure a Sound Controlled Environment (N.O.I.S.E.). Egan is a partner in the law firm of Stevens, Egan, Stewart and Lauer in Burnsville. He is a member of the national and state bar associations, and the bar associations for Hennepin and Dakota counties. In 1990 and 1991, he has been the Burnsville/ Eagan American Cancer Society Jail and Bail judge. Egan and his wife Betty have one daughter, Shannon. KENNETH MAHLE JR. Board member Kenneth Mahle Jr., a fourth generation Mahle in Woodbury, has been a civic activist for many years. Now the Mayor of Woodbury, Mahle was a member of that city's council for a half dozen years. Mahle is involved in metropolitan transit issues and is a member of the Association of Metropolitan Munici- palities' Transportation Committee. He also is a member of the Metropoli- tan Council Transportation Advisory Board and the Metropolitan Transpor- tation Advisory Policy Planning Committee. Mahle, an engineer in 3M's packag- ing systems division, also was a member of the Woodbury Economic Development Authority, the Parks Commission and the Planning Commission. In the academic arena, he was an instructor at the St. Paul Technical College and is acting advisor and evaluator of the state's technical colleges. Mahle's interests include historical preservation, being a member of the Woodbury Heritage Society, and president of the Washington County Historical Society Foundation. FRANK ONGARO Frank M. Ongaro, director of St. Paul's Intergovernmental Relations Office, was elected to AM M's Board of Directors in 1990. Before becoming director of St. Paul's intergovernmental relations office, Ongaro was Assistant Com- missioner of Agency Operations for the state Department of Labor and Industry from January 1987 to December 1990. He helped to developed the department's legisla- tive program, including negotiation of legislation that affected the agency. From December 1985 - January 1987, he was Senior Vice President for Media Rare in St. Paul, where he helped develop business expansion, client account service and manage- ment, and project consultation. Ongaro worked in former Gov. Rudy Perpich's office from 1982 through 1985 as the assistant director of legislative relations. He was the governor's liaison to the state Legisla- ture, negotiated proposals, re- searched and analyzed various programs, and represented Perpich at various speaking engagements. Ongaro is a 1981 graduate of the University of Minnesota, earning a Bachelor of Science degree in Business Administration. 01 Several of the Association of Metropolitan Municipalities' former presidents received accolades. Metropolitan Council chair Mary Anderson, a former Mayor of Golden Valley and AMM activist, AMM received AMM's Distinguished Service Award for her achievements in public service. The award has been given only four times since its inception 10 years ago. awards, Although the Distinguished Service Award has been granted only a few times during the past two decades, AMM found another deserving recipient this year. Jim Krautkremer, former Mayor honors of Brooklyn Park and AMM board member, earned the award for all his work and support for the AMM and the public he served for 15 years. The AMM's third president, Josephine Nunn, received the "Regional Citizen of the Year' award from the Metropolitan Council. Nunn has been active in the public service arena for many ye %W including her current position as co-chair of the Metropolitan Airport Site Selection Committee. LOlm . 5'.J July 2, 1991 TO: Jim Willis, Manager as ociation of metropolitan municipalities RE: 1992 DUES FOR THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES (�� The AM14 Board on June 27 established the dues rates for 1992 as required by the by-laws. The Board also adopted the 1992 budget in the amount of $302,263, which is $4,000 less than the 1991 budget. The 1992 dues rate is 49 percent of a city's LMC dues and is virtually unchanged from 1991. However, due to population changes based on the 1990 U.S. Census, some individual city dues amounts have changed substantially. To cushion the blow of significant increases caused by rapid population growth since 1980, the Board placed a 20 percent cap on the 1992 dues increase for any city. To ensure a balanced budget without increasing any city's dues more than 20 percent, a 3 percent cap was placed on the amount of decrease for a city with a loss in population. Based on this formula, the 1992 AMM dues for Plymouth will not exceed $7,600. We would recommend using this figure in your 1992 budget. The board was reluctant to reduce the 1992 budget. This next year will be critical at the Legislature since lawmakers must develop a totally new formula for distribution of aids from the Local Government Trust ]Fund. However, due to tight levy limits for cities in 1992 and this gime of financial stress for member cities, the Board felt some reduction was necessary. Even with the reduced operating budget, the AMM stall should be able to effectively protect and champion the interests of metropolitan cities during the 1992 legislative session. We sincerely appreciate your continued support. Please do not hesitate to call us if we can be of assistance. Sincerely, Q /d?dr/ Y ea Vern Peterson, Executive Director QM JUL 5 '9 1 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 TAD JUDE <SK' ";, PHONE COMMISSIONEx 348-3084 BOARD OF HENNEPIN COUNTY COMMISSIONERS A-2400 GOVERNMENT CENTER ; MINNEAPOLIS, MINNESOTA 55487-0240 `'''• �' J, June 27, 1991 ` rR� �``✓/r�i The Honorable Kim M. Bergman Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear V; �^ On the weekends of September 6-7 and 13-14, 1991, the County would like to sponsor six household hazardous waste "community" collection events. The County would like to invite you to co-sponsor one of the events with the County. A "community" collection event is designed to handle a population area of 40,000 to 50,000 persons, or about 1,000 participants. Municipalities larger than that, such as Minneapolis, may want to co-sponsor two events for this fall and two events for next spring. Municipalities considerably smaller than 40,000 to 50,000 persons need to plan joint city events with the County. Cities, for example, that surround the County's public works sites in Orono and Corcoran would be ideal for jointly sponsoring an event that would have the County's public work sites as collection points in those two cities. The County would pay for the disposal of the materials collected and provide technical assistance to the collection. The municipalities would need to supply enough volunteers to bulk the flammables and latex paint during the collection. Local fire fighters with OSHA training could be used to bulk the flammables and citizen groups the latex. The County would bulk the oil -base paint during the week following the collection. If you are interested in co -sponsoring one of these events with the County, please let us know by Monday, July 15, 1991, by contacting Robert Thomas, Conservation Division Manager at 348-4046. Sincerely, Tad Jude Commi s s i one r c: Dick Pouliot SIM JUL 5'91 T+- a%6 +' 4ae It "Z( L. 1) Serving the communitie f: Corcoran • Dayton Deeph n • Excelsior • Greenfield • Greenwood Hanover • Hassan • Independence • Long Lake Loretto • Maple Grove • Maple Plain • Medicine Lake Medina • Minnetonka Beach • Minnetrista • Mound • New Hope • Orono • Plymouth • Rockford • Rogers St. Bonifacius • Shorewood 9 Spring Park 0 Tonka Bay 0 Wayzata 0 Woodland EXPLANATION—Matter enclosed in bold—faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined S.hU is new matter. tatter enclosed in superscript numerals has been adopted as follows: Senate SCM committee amendments adopted October 20, 1988. 2 Senate SRF committee amendments adopted Oecember 11, 1989. CIM JUL 5'91 §§1-7 - t C.40:67-23.2 to 40:67 -23.8 §8 -Note to §§1-7 P. L.1989, CHAPTER 299, approved January 12, 1990 ' 1988 Senate No. 2869 (Second Reprint) 1 AN ACT concerning certain municipal services for qualified 2 private communities and supplementing Title 40 of the Revised 3 Statutes. ,g 5 BE IT ENACTED by the Senate and General Assembly of the 6 State of New Jersey: 7 1. For the purposes of this act: 13 a. "Condominium" means the form of real property ownership 9 provided for under the "Condominium Act," P.L.1969, c.257 10 (C.46:8B-1 et seq.); 11. b. "Cooperative" means a housing corporation or association 12 wherein the holder of a share or membership interest in the 13 corporation or association is entitled to possess and occupy, for 14 dwelling purposes, a house, apartment, or other unit of housing 15 owned by the corporation or association, or to purchase a unit of 16 housing constructed or erected by the corporation or association; 17 c. "Fee simple community" means a private community which 18 consists of individually owned lots or units and provides for 19 common or shared elements or interests in real property; 20 d. "Horizontal property regime" means the form of real 21 property ownership provided for under the "Horizontal Property 22 Act," P.L.1963, c.168 (C.46:8A-1 et seq.); 23 e. "Qualified private community" means a lresidentiall 24 condominium, cooperative, fee simple community, or horizontal 25 property regimel, the residents of which do not receive any tax 26 abatement or tax exemption related to its construction,) 27 comprised of a community trust or other trust device, 28 condominium association, homeowners' association, or council of 29 coowners, wherein the cost of maintaining roads and streets and 30 providing essential services is paid for by a not-for-profit entity 31 consisting exclusively of unit owners within the community. No EXPLANATION—Matter enclosed in bold—faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined S.hU is new matter. tatter enclosed in superscript numerals has been adopted as follows: Senate SCM committee amendments adopted October 20, 1988. 2 Senate SRF committee amendments adopted Oecember 11, 1989. CIM JUL 5'91 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 13 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 S2869 [2R] 2 apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. 2. 2[The] a. Except as otherwise provided in subsection b. of this section, the2 governing body of every municipality shall 1[enact and enforce appropriate ordinances to require the municipality to]1 2reimburse a qualified private community for the following services as provided in sections 4 and 5 of this act ort provide the following services within a qualified private community in the same fashion as the municipality provides these services on public roads and streets: 2[a. Maintenance, cleaning and repair of the roads and streets; b.] (1)2 Removal of snow, ice and other obstructions from the roads and streets; 2[c.] M2 Lighting of the roads and streets 2, to the extent of payment for the electricity required, but not including the installation or maintenance of lamps, standards, wiring or other eguipment2;2and2 2[d. Maintenance and repair of water lines, storm sewers and sanitary sewers beneath the roads and streets; 1(and]1 e. 1Maintenance of detention and retention basins, provided such structures are used primarily for the controlling of storm water runoff and not for recreational use; and f.1] W2 Collection of leaves, recyclable materials and garbage along the roads and streets. 2b. Nothing in this act shall require a municipality to operate any municipally owned or leased vehicles or other equipment, or to provide any of the services enumerated in subsection a. of this section, upon, along or in relation to any road or street in a qualified private community which either (1) is not accepted for dedication to public use or (2) does not meet all municipal standards and specifications for such dedication, except for width.2 13. A qualified private community shall be required to pay the cost of any insurance riders required by the municipality to enable municipal vehicles to operate on private roads and streets within the qualified private community.) 1(3. At the request of a qualified private community, in] 4. cim Jut 5'91 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 32 33 34 35 36 37 38 39 S2869 [2R] 3 2[ln1] a As provided in section 5 of this act and int lieu of providing some or all of the services set forth in section 2 of this act, 2[the] a2 municipality ltshall) 2[mayl] shal12 enter into a written agreement to annually reimburse the qualified private community 2[for] in an amount not to exceed2 the cost 2[to] that would be incurred by2 the municipality 2[of] int providing those services 2directl 2 1[for which in lieu reimbursement is request ed] l . 2b.2 The amount to be reimbursed to the qualified private community shall be fused by the qualified private community to pay for the service which the municipality chooses not to provide, and that amount shall bel 2[calculated as follows: a. The reimbursement amount for the collection of leaves, recyclable materials and garbage shall be based on the actual per unit costs of the collection of leaves, recyclable materials and garbage throughout the municipality, including the qualified private community. b.. The reimbursement amount for the provision of municipal services to repair, maintain and clean roads and streets; remove snow, ice and other obstructions from roads and streets; 1[light roads and streets; and maintain and repair water lines, storm sewers and sanitary sewers beneath the roads and streetsll shall be calculated with respect to the running length of the roads and streets within the qualified private community, excluding areas which are primarily used as parking areas or parking lots 1[within the qualified private community]l, and shall be based on the actual cost incurred by the municipality in providing those services on public streets. lc. The reimbursement amount for the repair and maintenance of water lines, storm and sanitary sewers, retention and detention basins shall be based on the actual cost to repair or maintain the actual water lines, sewers and basins needing service.l] the actual cost to the qualified private community of providing that service, but not exceeding the amount which the municipality would have expended on that service if it were provided directly by the municipality to the qualified private community. c. An agreement entered into pursuant to this section shall provide for an accounting by the qualified private_ community of the use of the money paid over to it by the municipality, and for -77-4 am JUL 5'91 1 7. 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 32 33 34 35 36 37 38 39 S2869 [2R] 4 the refunding to the municipality of any payments in excess of the amounts actually expended or contractually committed by the qualified private community during the accounting period in order to provide for the services covered by the agreement.2 25. Pursuant to a reimbursement agreement entered into in lieu of providing some or all of the services set forth in section 2 of this bill, in each of the first four local budget years beginning on and after the operative date of this act the municipality shall reimburse the qualified private community for a portion of the cost of providing services in each local budget year in the following manner: 1991 ..................... 20% of the total cost of services in 1991 1992 ..................... 40% of the total cost of services in 1992 1993 ..................... 60% of the total cost of services in 1993 1994 ..................... 80% of the total cost of services in 1994 The total cost of services in each local budget year shall be determined pursuant to section 4 of this act. In local budget year 1995 and for each local budget year thereafter, the municipality shall either provide the services pursuant to section 2 of this act or enter into a written agreement to annually reimburse the qualified private community in full pursuant to section 4 of this act.2 2[15.] 6.2 A municipality shall be required to accept for dedication for public use, by a qualified private community, any road or street within the community that conforms to municipal specifications for public roads and streets. 2[6.1 7.2 Nothing in this act shall prevent a municipality from providing additional services, that primarily serve public purposes, to the residents of a qualified private community. The governing body of any municipality which prior to the 2[effectivel operative2 date of this act has enacted an ordinance providing all the services or reimbursement provided by this act to a qualified private community may repeal the ordinance and implement the provisions of this act. 2Nothing in this act shall be construed as abrogating or superseding any agreement in CIM JUL 5'91 1 2 3 4 5 6 7 8 9 10 11 12 13 S2869 [2R] 5 effect pursuant to such an ordinance prior to the operative date of this act.2 1[4.] 2[7.1] 8.2 This act shall take effect 2[six months after enactment] immediately and shall remain inoperative until January 1, 19912. PROPERTY TAXES Landlord - Tenant and Condominiums Requires municipalities to reimburse certain qualified private communities for costs of certain municipal services not provided thereto or to provide those services. CIM JUL 5'91 .z= 7 raj An Update from the City of Plymouth, July 1991 Referendum on election scheduled; voters to cast mail ballots Plymouth voters will determine if local elections will be changed from odd to even years through mail ballot on Sept. 3. They will be asked if an ordinance which moved city elections from odd to even years should stand. The City Council, by majority vote, passed the ordinance in December. The ordinance extended the Mayor's and all Counci I members' terms by one year. An election for Mayor and two Coun- cilmembers was originally set for this No- vember. The change moved that election until November 1992. The Mayor and one Councilmember be- lieve that it was inappropriate to extend the terms of the Mayor and Councilmembers without the public voting on the issue first. The ordinance sought to bring local elec- tions in sync with federal and state elections which are held in even -numbered years. The intent of the ordinance was to increase voter turnout and share the administration cost of local elections with the state and federal governments. Since the Council's passage of the election year change, the State Legislature passed a law that requires a city to hold a referendum on an election year change if, within 180 days of making the change, it receives a petition signed by at least 10% of the voters in the last local election. The League of Plymouth Voters, a local organization, pre- sented a petition in February that met that criteria. Mail Election This is the first time a mail election will be conducted in Plymouth. Balloting is done Construction begins on two playfields Construction of two major playfields, Par- kers Lake and Bass Lake Playfields, will begin this summer.The City Council awarded the bid to build the playfields on June 3. At press time, work on the Bass Lake Play - field was expected to start in late June or early July. Construction of the Parkers Lake Playfield was slated to begin in July. Substantial completion of both parks is ex- pected by late November. The playgrounds and tennis courts are expected to be fin- ished by May 1992. Grass areas should be ready for use by the spring of 1993. Parkers Lake Playfield, Niagara Ln. and Co. Rd. 6, will include two soccer fields, three baseball/softball fields, four tennis courts, two tot lots, picnic grounds with shelter and shelter building. Bass Lake Playfield, Pineview Ln. and 54th Ave., will contain a soccer field, hockey rink, picnic area, tot lot, four tennis courts, a basketball court, a baseball field, a soft- ball/baseball field, shelter building and parking for 220 cars. The combined cost of the parks is $2.8 million. A reserve fund for major capital expenditures will cover construction costs. by mail or voters may drop off their ballots at the City Center, 3400 Plymouth Blvd. All registered voters will be mailed ballots Aug. 14 -16. Ballots must be received at the City Center no later than 8 p.m. on Tues., Sept. 3. The August issue of the Plymouth News will give more details on voting by mail. Voters who know that they will be away when the ballots are mailed and would like their ballots mailed to a temporary address can call for more information. Under state law, ballots may not be forwarded. Voters are encouraged to register early. For infor- mation on registering to vote and other election issues, call 550-5014. Recycling expands Apartment buildings, condominiums and townhouses must provide on-site recycling services for residents under a city ordinance that went into effect July 1. The City passed the ordinance to comply with Hennepin County funding requirements for the city recycling program. Building owners must devise a recycling program for their buildings that includes newspaper, cans, glass, plastic bottles and corrugated cardboard. Residents should contact their building managers for details about recycling. If your building does not have a recycling pro- gram, call Margie Vigoren at 550-5070. CCM JUL 5'91 Road project planned Hennepin County will begin a road im- provement project on Co. Rd. 10 in Octo- ber. It is expected to be completed by the fall of 1993. Co. Rd. 10 will be widened to four lanes from Nathan Ln. to 1-494. The west and eastbound lanes will be separated by a concrete median. The bridge that spans 1-494 will be replaced with a four -lane bridge. Crews will first build the south half of the new bridge. Traffic will then be routed over the new portion of the bridge while the existing bridge is removed and the north lanes of the new bridge are built. To minimize inconvenience, the County plans to keep one lane of traffic open in each direction at all times and will provide access to properties with driveways on Co. Rd. 10. Speed limits will be reduced during construction. The north lanes will be built first. Traffic will then be shifted to the north lanes while the south lanes are constructed. The project will also include: • Adding turn lanes at public streets; • Smoothing out the major curves along the existing road; • Installing curb and gutter along the length of the project; • Improving the intersections at Hemlock and Jonquil Lanes so they intersect Co. Rd. 10 at a 90 degree angle; • Adding new traffic signals at Northwest Blvd. and Quinwood Ln.; and • Constructing pedestrian trails along the length of the project. The project wi II also include redirecting Co. Rd. 47 and Pineview Ln. so they end at Northwest Blvd. Traffic from those streets will then gain access to Co. Rd. 10 via Northwest Blvd. which will be extended to Co. Rd. 10. If you have questions about this project, call Hennepin County Project Engineer Jerry Mortenson at 930-2618. City Scene Intersection to close Motorists will encounter a detour on the north leg of the Co. Rd. 6/Vicksburg Ln. intersection in July. It will be closed for five working days and one weekend. The clo- sure is tentatively scheduled for the week of July 22. Northbound Vicksburg Ln. traffic should use Co. Rd. 6 to either Niagara or Dunkirk Lanes. Southbound Vicksburg Ln. traffic should take Hwy. 55 to 1-494 and exit at the new Co. Rd. 6 ramp. Appropriate detour signing will be posted. All local streets along Vicksburg Ln. be- tween Co. Rd. 6 and Hwy. 55 will be closed to through traffic. Local traffic will have access to neighborhoods. In addition, 18th Ave. N. west of Vicksburg Ln. will be com- pletely closed during the work. The intersection is being closed as part of Hennepin County's Co. Rd. 6 project. Clos- ing the intersection will permit the contrac- tor to make intersection improvements more quickly and safely. Odd -even restrictions remain in effect Odd -even restrictions on all outdoor water use are in effect through Sept. 30 for all Plymouth water customers. Customers with even -numbered addresses may water on even -numbered days. Those with addresses ending in an odd number, may water on odd -numbered days. The restrictions also apply to all new sod, land- scaping and timed sprinkler systems. The penalty for violating the restrictions is $100 for each day of violation. Water cus- tomers will receive one written warning before they are penalized. If you have questions, call 550-5070 2 7 Trails approved for 1991 Walkers, runners and bicyclists may have six new trail segments to try out later this year. The City Council authorized a con- sulting engineer, Strgar- Roscoe- Fausch, to prepare final plans and specifications for 1991 trail improvements. The estimated cost of the trails is $392,500. The proposed trail segments are: • Schmidt Lake Rd. from Pineview Ln. to Hwy. 169. • Co. Rd. 9 from Nathan to Zachary Ln. • Co. Rd. 6 from Peony Ln. to Olive Ln. • Zachary Ln. from Co. Rd. 9 to Zachary Elementary School. • Plymouth Creek Park. This would extend an existing trail through the undeveloped park land and connect the trail to a hous- ing development northwest of the park. • Nathan Ln. and 51st Ave. This would connect two separated trails. One of the trails to be connected is south of Schmidt Lake Rd. on Nathan Ln. The second is located west of the cul-de-sac on 51st Ave. Property tax refund deadline nears Property tax refunds must be filed with the state by Aug. 15. Property tax refunds help reduce the burden of property taxes for homeowners and rent- ers. The amount of your refund depends upon your income and how much property tax you pay. This year an additional property tax refund is available for homeowners whose tax bills increased at least 10% — regardless of in- come. To find out if you are eligible, complete form M-1 PR. For more information and a form, call the Minnesota Department of Revenue at 296-3781. CIM JUL 5'91 Mayor's Message: Study looks at future Fire Department needs Dear Residents, Fire prevention and suppression is one of local government's most basic services. That's why in September 1990, the City Council directed a consultant, Sumek Asso- ciates, Inc., to evaluate the present and future equipment and manpower needs of the Plymouth Fire Department. This spring we received their report. Some of the find- ings of the study are: Plymouth's volunteer firefighters display a great deal of enthusiasm and respect for the importance of their job. The report noted that this helped the department achieve a high level of service and professionalism. It concluded that false alarms are a serious problem in Plymouth. It recommended that the City develop a program to reduce false alarms, including aggressive follow-up on Plymouth initiates bike patrol in parks, trails Plymouth's volunteer Police Reserves began using bicycles to patrol parks and trails in June. Reserve Officers, dressed in nontraditional uniforms - shorts and polo shirts - patrol parks in pairs during late afternoons and on weekends. The Officers answer questions, visit with children, educate pet owners about their responsibilities in the parks and inform peo- ple about park regulations. They also report any hazards in the parks to the Parks Main- tenance staff. Reserve Officers patrol all parks and trails but their major areas of concentration are the Luce Line Trail, Parkers Lake Park, Tim- ber Shores Park, Zachary Park and Plym- outh Creek Park. "Often people shy away from the Police. We don't want that to happen. If people have questions, we want them to ask them. If they need help, we're there for them," said Police Officer Brian Beniek. Beniek and Police Officer Scott Webb coordinate the Police Reserve program. A Plymouth company, Pedal Power Bike Shop, donated bike maintenance and bike gear to the bike patrol program. The Police Reserves volunteer 12 hours a month to assist Police Officers. If you're interested in joining the Police Reserves, call Brian Beniek at 550-5160. . 7__ 7 all false alarms and formation of a task force to develop an action plan to lower false alarms. False alarms can affect the daytime re- sponse by firefighters, according to the re- port. Reducing the number of false alarms will help improve the department's daytime response rate by assuring firefighters that a higher percentage of daytime calls are fire calls and not false alarms. The report also calls for increased fire in- spection and prevention programs as well as more public education. To accommo- date these needs, the report recommended that additional full-time fire inspectors be added. It also recommended that additional fire inspectors be hired and cross -trained to function as first response firefighters. The report recommended that inspectors work overlapping shifts to increase the coverage hours. To enhance public education efforts, the Fire Department should form a department task force to develop a full public education program. The report found that the Fire Department is basically well-equipped and maintained. However, it did recognize a need for a vehicle that could pull double duty as a mobile command center/hazardous materi- als vehicle and a place for firefighters to get relief from extreme temperatures. The report emphasized the importance of Plymouth's continued involvement in Mu- tual Aid pacts with other cities. These agree- ments significantly stretch services and minimize the cost of emergency activities. The City Council will continue to review and study the report's findings as we work to provide residents with efficient, cost-ef- fective, fire protection services. Sincerely, Kim M. Bergman Mayor 3 CIM JUL 5 91 Pet owners reminded of animal control laws Pets owners should familiarize themselves with the following information. • Dogs must be on leashes no longer than six feet when off the owners' property. When on the owners' property, dogs must be restrained by a fence, leash or under an adult owner's immediate command. • All dogs must have up-to-date rabies vac- cinations and be licensed annually. Call 550-5107 for licensing requirements. • All pet owners must pick up and dispose of any feces left behind by their pets. • Cats are covered under an ordinance that includes noise, odor and fouling. Cat owners are encouraged to have their pet vaccinated for rabies, attach a personal- ized tag with the owner's name and phone number to its collar and keep it on the owner's property. To report complaints about dogs or cats, call 9-1-1. If you have questions on animal control enforcement, call 550-5171. _Ti 71 Council update: Sidewalk, trail plan in the works • Authorized a consultant, Strgar-Roscoe- Fausch, to prepare a sidewalk and trail plan for the City which will correspond with the City's thoroughfare plan. The plan is expected to take six months to develop and will be submitted to the City Council for approval. • Approved an agreement with Hennepin County for installation of a traffic signal at Co. Rd. 61 and Industrial Park Blvd. • At press time, Council was scheduled to review bids on July 1 for a $3.8 million Public Works Garage expansion proj- ect. • Amended the site plan for expansion of the Lutheran Church of St. Phillip the Deacon to delete a parking deck on the basis that parking requirements were Drain pumps properly met without the deck. • Approved final plat for the first phase of the "Curtis Lake" plat, located between 1-494 and West Medicine Lake Dr. at 45th Ave. N. The final plat provides for 35 single family detached lots of the 64 lots approved as a preliminary plat. City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 (612) 550-5000 TDD 550-5009 Customer Service Line 550-5062 Hours: Mon. -Fri., 8 a.m.-4:30 p.m. Plymouth News is published monthly by the City of Plymouth to update residents and businesses on city government news. City Council Kim M. Bergman, Mayor 557-7030 550-5065 (voice mail) Carole Helliwell 557-1530 550-5066 (voice mail) Lloyd Ricker 473-6416 550-5067 (voice mail) Maria Vasiliou 473-2316 550-5068 (voice mail) Bob Zitur 559-3728 550-5069 (voice mail) City Council meetings are shown live on channel 37. To keep basements dry, many people install sump pumps. Sump pumps should only pump water outside to the lawn or street. They should never be connected to a floor drain, laundry sink or other drain that emp- ties into the city sanitary sewer system. Sump pumps that are connected to the san- itary sewer system can overload the sewer lines and cause backups through floor drains in other houses. Bulk Rate Carrier Route Pre -Sort U.S. POSTAGE PAID Permit No. 1889 Minneapolis, Minn. Postal Customer In this issue • Referendum on election set for September • Bike patrol gears up • Co. Rd. 10 project update • Recycling expands Printed on recycled paper 4 CIM JUL 5'91 Bass Lake Playfield Update A bulletin from the City of Plymouth, July 3, 1991, Number 2 Work got underway at the Bass Lake Playfield site, 54th and Pineview Ln., on July 1. The contractor, Shingobee Builders, began work by clearing and grubbing the site. Grubbing is the removal of brush and other plants which are not slated to be included in the finished park. Next the contractor will begin rough grading. Crews will strip off the top soil and store it on the site. They will then grade the surface to specified elevations. Grading is tentatively scheduled to take about two weeks. Following grading, crews will begin installing water, sanitary sewer and storm sewer lines. That is expected in late July. Construction of the playfield is dependent upon many factors, including weather. Therefore, the Updates provide the best information we have at the time they are issued. Overall Project The Bass Lake Playfield will include: • Soccer field; • Hockey rink; • Baseball field; • Softball/baseball field; • Four tennis courts; • Tot lot; • Picnic area; • Shelter building; • Basketball court; and • Parking for 200 cars. Tentative Timetable Construction at Bass Lake Playfield began on July 1. The contractor has 365 days to finish the playfield. Substantial completion is expected by late November 1991. The playgrounds and tennis courts are expected to be finished by May 1992. Grass areas should be ready for use by the spring of 1993. Construction Phases The first phase of construction included site cleanup. This has been completed. Next crews began grading. They are stripping off top soil and stock pile it on the site. This work is underway. CI( ,u,_ 5,91 i Next they will "sculpt" the playfield surface to specified elevations. Then they will re -spread the top soil over the sculpted surface. Finally, crews will build the shelter buildings, parking lot, tennis courts, playgrounds and trails. Funding The combined cost of the Bass Lake and Parkers Lake Playfields is $2.8 million. Funding will come from the Public Improvement Revolving Fund, a reserve fund for major capital expenditures. Caution Children may find the construction site tempting. Please warn them to stay away from it. Heavy equipment and uninstalled playground equipment will be on the site. in addition, crews will be trenching and working with hot bituminous. Help us prevent accidents by keeping children and pets away from the construction sites at all times. More Information If you have any questions about this project, call Parks and Recreation Director Eric Blank at 550-5131. Thanks for your patience! am JUL 5'91 July 1, 1991 LaDonna Hoy, Director Interfaith Outreach and Community Partners 110 Grand Avenue South Wayzata, MN 55391-1872 SUBJECT: 1992 FUNDING REQUEST FROM THE CITY OF PLYMOUTH Dear Ms. Hoy: i The City Council annually seeks to budget a certain amount of money for the support of human service agencies serving Plymouth residents. You are receiving this letter because you expressed interest in funding last year. We are in the process of assembling the 1992/1993 budget. In order for your agency to be considered by the City Council for funding in 1992, you must submit a budget request and justification to me by Monday, July 29, 1991. The narrative supporting your budget request should be responsive to the attached "Policy Relating to City Funding of Human Service Agencies." The Council prefers that you respond to each of the seven criteria specifically in order that your request can be clearly evaluated against those of other agencies competing for city support. In addition, the City Council specifically requires: 1. A copy of your most current proposed budget (1992 preferred) including a breakdown of proposed salaries. 2. A statement showing the organization's most recent year's revenues including itemization of sources and amounts whether from profit or nonprofit groups (churches, county). 3. Information on any and all surpluses or reserves created or maintained by your agency. The materials you supply as a result of this request will be the primary basis for determining whether your agency receives funding. Incomplete requests will not be considered. CIM 'PR 5'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 LaDonna Hoy July 1, 1991 Page 2 This last legislative session, the City's levy limit was effectively frozen at 1991 levels for the 1992 budget year. You may wish to consider this fact in your budget request. Please let me know if you have any questions about this letter. My phone number is 550-5013. A Sineerel Frank Bo les / Assistant it, Manager FB:kec cc: Mayor & City Council Dale Hahn, Finance Director S.F. 7/29/91 CI&I YIL 5'91 Patricia Wilder, Director Northwest Hennepin Human Services Council 7601 Kentucky Avenue North Brooklyn Park, MN 55428 Marcy Shapiro, Director West Hennepin Human Services Planning Board 4100 Vernon Avenue South St. Louis Park, MN 55416 Cynthia Cook Intervention Project Coordinator Home Free Shelter 3730 Toledo Avenue No. Robbinsdale, MN 55422 Ron Bloch Program Administrator Senior Community Services 1600 South 2nd St. Hopkins, MN 55343 Susan Nelson Executive Director West Suburban Mediation Center 32 Tenth Avenue South Suite 211 Hopkins, MN 55343 Judy Cooper Lyle Executive Director People Responding in Social Ministry 3730 Toledo Avenue No. #920 Robbinsdale, MN 55422 Alan Spillers Executive Director Northwest YMCA 7601 42nd Avenue North New Hope, MN 55427 Cuv1 JUL- 5'91 LaDonna Hoy Director Interfaith Outreach & Community Partners 110 Grand Avenue So. Wayzata, MN 55391-1872 Joyce Shemanek Director of Development Teen Suicide Prevention Task Force 810 First Street South Suite 210 Hopkins, MN 55343 Susan Fetterer Chairperson Wayzata -Plymouth Area Chemical Health Commission 18415 33rd Aveneu North Plymouth, MN 55447 _T- //- 4__ CIM gi 5'91 POLICY RELATING TO CITY FUNDING OF HUMAN SERVICE AGENCIES Resolution No. 84-506 July 23, 1984 IN GENERAL The City Council is aware that there are many worthwhile human service agencies serving metropolitan area residents and that such organizations are supported primarily through public and private contributions. Contributions to such agencies from the City of Plymouth, when made, will be distributed in accordance with this policy. POLICY GUIDELINES The Plymouth City Council is responsible for periodicall$ determining whether a financial or in-kind contribution will be made by the City to assist human service agencies. The City Council will consider the following guidelines in determinine which human service agency(ies), if any, receive funding. This policy should not he construed to obligate the City Council to provide fundinq or in-kind human service contributions. 1. The City Council shall not normally engage in long term (multi-year) fundino to any human service agency. Instead, all funding shall be evaluated for impact and appropriateness each year. 2. The City Council will normally consider human service priorities establishes annually by the West Hennepin Human Services Planning Board and Northwest Hennepin Human Services Planning Board and will confine funding to those identified priorities. 3. Human service agencies will be expected to provide data substantiatinq the need for their specific type of service within the Plymouth community. Specific figures on the Plymouth population(s) served through their efforts, fiscal analysis of cost of delivery of such services and documentation that their services do not duplicate those of other agencies serving the Plymouth population. 4. The City Council will only consider funding programs or agencies which can demon- strate that the funds are used solely to provide services to Plymouth residents. 5. The City will give preference to funding human service delivery agencies that act as an advocate and advisor regarding other available human services for the Plymouth population. 6. Funding requests will normally be considered in relation to existing City human service commitments and the target populations served. -25- cim 'Ti 5'91 Resolution No. 84-506 Page 2��/�� 7. Preference will be given to agencies or programs which: a) Have taken affirmative efforts to raise funds to support their efforts. b) Demonstrate in their budgets that there is a continuing concentration on minimizing adminsitrative and overhead costs. C) Cannot be effectively or fully funded through other sources. d) Sponsor programs which have verifiable benefits to the community at large - for example, programs that put people to work or enhance the effectiveness of City service delivery programs. e) Make effective use of volunteer skills and in-kind contributions to reduce the cost of program/service delivery. -25a- cim JUL 5'91 July 1, 1991 Mr. Gary Schiebe 2035 Vagabond Lane Plymouth, MN 55447 Dear Mr. Schiebe: f-Z- CITV of PLYMOUTR The budget cycle for the 1992/93 City budget is underway. In previous years, you have requested funding assistance from the City of Plymouth for Historical Society operations. If the Historical Society desires to receive funding in 1992 and 1993, it will be necessary for you to provide me with your budget requirements by July 29, 1991. Your request should be substantially in the fom provided in previous years. I am attaching a copy for your information. The Council's past funding philosophy for the Historical Society has been 100% reimbursement of reasonable utility costs for the operation of the Village Hall building. With respect to capital outlay expenses, the Council has normally entertained requests of up to 50% to a predetermined dollar amount. The Historical Society is responsible for the remaining 50% of capital outlay costs up to the predetermined dollar maximum and for 100% of any costs above that maximum. The Council is also interested in knowing about fund raising efforts the Historical Society will engage in for the coming years. These monies are expected to match all capital outlay requests, as well as any expenses outside of those identified in the approved utility costs. This last legislative session, the City's levy limit was effectively frozen at 1991 levels for the 1992 budget year. You may wish to consider this fact in your budget request. If you have any estions, please feel free to contact me. n er 1 , If oy e Ass'sta City Manager fibbed cc: Mayor and City Council Finance Director S.F. 7/29/91 CAM T1 5191 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 CIM JUL 5'91 1 i _ H41091(At MUSEUM: 3605 Fernbrook Lane MAILING: 3400 Plymouth Blvd., Plymouth, MN 55447 PLYMOUTH HISTORICAL SOCIETY 1991/1992 BUDGET REQUEST 7/12/90 EXPENDITURES 1991 1992 CITY OF PLYMOUTH UTILITY COSTS Sewer and Water $324 $340 Heating Costs 2,490 2,600 Electricity 375 394 Telephone 300 300 Security System Monitor -Service 550 575 - Repair 500 500 TOTAL $4,539 $4,709 CAPITAL OUTLAY Carriage House - Sheetrock walls/ ceiling, paint and add track lighting for displays $2,500 Museum - Redo display room separator walls and wallpaper. Add railing in front of display walls $1,750 REVENUE TO BE GENERATED BY SOCIETY Regular Dues Collection $450 $475 Life Memberships 300 300 Rummage Safe 300 300 Mug Sales 30 30 TOTAL $1,080 $1,105 Submitted by: Gary Schiebe 2035 Vagabond Lane Plymouth MN 55447 473-4889 /Our Past Is Present ... Help Us Keep It" CIM JUL 5'91 C 0 G✓/w�, of �J/� �'�,-� `��?Zz cim JUL 5'91 ,;�775- June 28, 1991 Best & Flannigan 80 South 8th Street 3500 IDS Center Minneapolis, MN 55402 SUBJECT: REQUEST FOR PROPOSALS FOR LEGAL SERVICES Dear Sir: The City of Plymouth is soliciting proposals from legal firms interested in providing legal services to the City of Plymouth. We have attached for your information and review, a Request for Proposal for Legal Services. We would appreciate your reviewing this document. If your firm is interested in submitting a proposal to us we would be pleased to receive it. Please note that responses to this request are due in our offices not later than 4:00 p.m., August 2, 1991. Yours truly, James G. Willis � City Manager JW:kec GIM JUL 5 '91 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447, TELEPHONE (612) 550-5000 1. Best & Flannigan 80 South 8th Street 3500 IDS Center Minneapolis, MN 55402 Phone: 339-7121 2. Larkin, Hoffman, Daly & Lindgren, Ltd. 2000 Piper Jaffray Tower 222 South 9th Street Minneapolis, MN 55402 Phone: 338-6610 3. Campbell, Knutson, Scott, Fuchs 3460 Washington Drive Eagan, MN 55122 Phone: 546-9539 4. O'Connor & Hannan 80 South 8th Street 3800 IDS Center Minneapolis, MN 55402 Phone: 341-3800 5. Wurst, Pearson, Larson, Underwood & Mertz 1100 First Bank Place West Minneapolis, MN 55402 Phone: 338-4200 6. Briggs & Morgan 80 South 8th Street 2400 IDS Center Minneapolis, MN 55402 Phone: 339-0661 7. Dorsey & Whitney 2200 First Bank Place East Minneapolis, MN 55402 Phone: 340-2600 8. Holmes & Graven 470 Pillsbury Center Minneapolis, MN 55402 Phone: 339-3900 9. Mackall, Crounce & Moore 1600 TCF Tower Minneapolis, MN 55402 Phone: 333-1341 10. Grannis, Hauge, Eide, Anderson & Keller 1260 Yankee Doodle Road Eagan, MN 55121 Phone: 546-9000 11. Krass & Monroe 1650 West 82nd Street Bloomington, MN 55431 Phone: 885-5999 12. Popham, Haik, Schnobrich, Kaufman, Ltd. 3300 Piper Jaffray Tower 222 South 9th Street Minneapolis, MN 55402 Phone: 333-4800 13. Messerli & Kramer 1500 Northland Plaza Bldg. 3800 West 80th Street Bloomington, MN 55431 Phone: 893-6650 14. Thomsen & Nybeck 3300 Edinborough Way Edina, MN 55435 Phone: 835-7000 CIM JUL 5'y 1 I-- i/- C/ . 6/28/91 CITY OF PLYMOUTH, MINNESOTA REQUEST FOR PROPOSALS FOR PROFESSIONAL LEGAL SERVICES SECTION I REQUEST FOR PROPOSALS FOR LEGAL SERVICES The City of Plymouth is requesting proposals from experienced law firms for legal services rendered to the City. The City Manager plans to make his recommendations for legal services representation to the City Council not later than September 9, 1991. The representation will commence January 1, 1992. The term of the appointment will be subject to ongoing review and evaluation by the City Council and City Manager. Proposals received shall include both general municipal and prosecution representation. Included with this Request are the following: 1. A description of the services to be provided in each category. 2. An outline of proposal requirements. 3. An overview of the legal services provided to the City during 1989 and 1990. Questions regarding this Request should be directed to the City Manager, James G. Willis, 3400 Plymouth Boulevard, Plymouth, MN 55447, 550-5011. In order to ensure a fair review and selection process, law firms submitting proposals are specifically requested not to make other contacts with the City staff or Councilmembers regarding their proposals. SECTION II INSTRUCTIONS TO PROPOSERS A. All law firms responding to this request shall submit a proposal to provide both civil and criminal legal services. A single proposal addressing only one service will not be accepted. CIM JUL 5'91 REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES Page 2 B. Fourteen copies of the proposal should be submitted to James G. Willis, City Manager, City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447. Proposals must be received no later than 4:00 p.m., August 2,, 1991. C. Proposals submitted must provide complete information as indicated in this request. ECTION III. REQUIRED CONTENTS FOR PROPOMS A. Firm Background 1. Brief history. 2. Number of attorneys/specialties. 3. Number of paralegals/specialties. 4. Support personnel. 5. Office organization, and support capabilities. 6. Flowchart of work process for municipal work. 7. Office location(s). B. Attorney Qualifications 1. Identify each attorney and support personnel who will be supplying services for which the City will be billed. 2. For each person identified, please state: a. Relevant academic training and degrees. b. A description of their prior municipal experience in the areas covered by your proposal and an estimate'of the percentage of their work in those areas from 1987 through 1990. c. Other background or experience which may be helpful in evaluating your proposal. Background or experience in the areas of municipal law, land use regulation - planning and zoning, general and public contracting, eminent domain, real estate, labor and municipally related litigation will be of special interest in evaluating proposals. 01 JUL 5'91 .r- //� d REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES Page 3 3. A description of the proposed allocation of work between the attorney(s) and support personnel identified (i.e., who will be the lead attorney and what work will be handled by junior partners, associates, or paralegals). 4. Current principal responsibilities for individual designated as lead attorney including a statement indicating future availability. C. Firm Qualifications 1. The names and telephone numbers of three client references who the City may contact. Municipal references are preferred. If the firm has represented any Minnesota municipalities or governmental agencies from 1987 through 1990, state the name of that agency, and the name, title, and telephone number of a reference at that agency whom the City may contact. If the firm has represented such an entity, but does not wish the City to contact the entity, list the name of the municipality or agency, and state your reasons why no contact is requested. 2. Specify whether the firm is a recognized bond approving counsel, and plans to serve in that capacity in the proposed representation. 3. Statement of 1990 billings for municipal work as a percentage of total 1990 billings. D. Fees 1. Your proposal for the dollar amount of fixed and/or hourly fees and costs your firm will charge for providing the legal services to the City of Plymouth covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service, e.g. phone calls, correspondence, personal conference. Also state separately the rate for any firm cost items to be billed (i.e. photocopying, Westlaw or Lexis fees, etc.) 2. The City requests monthly billing statements which: a. Itemize the date of services. b. Identify the attorney providing the services. c. Lists time spent. and/or support personnel CIM JUL 5'91 REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES Page 4 d. Provides a detailed description of the services performed. e. States the fees for those services. f. Organizes billing for general corporate work by department, type of services, and/or project. If another billing format will be proposed, please describe that format and provide a sample. SECTION IV GENERAL MUNICIPAL LEGAL SERVICES DESCRIPTION A. Attendance at all City Council meetings and other City board, commission, or committee meetings as requested by the City Council or City Manager. B. Drafting of ordinances, resolutions, and correspondence as requested. C. Review of all Council and Planning Commission agenda items and minutes. D. Codification of City ordinances on a current basis. E. Meetings and/or telephone conversations with and advising Mayor, Councilmembers, City Manager, Department Managers, and designated individuals on general legal matters. F. Review of municipal contracts, including contracts for public improvements, joint powers agreements, construction, purchase of equipment, and the like. G. Representation of the City in the acquisition of properties for public improvements, easements, parks, and the like. H. Representation of the City in condemnation proceedings for public improvement projects, etc. I. Representation of the City in matters related to the enforcement of city building, housing, and zoning codes. J. Representation of the City in employment related issues, labor negotiations, arbitration, administrative hearings, and in litigation involving same. K. Interpretation and advice with respect to municipal employment matters including but not limited to: PELRA, labor agreements, personnel policy, FLSA, veteran's preference, and unemployment compensation. CIM. JUL 5'91 REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES Page 5 L. Review of documents submitted by bond counsel involving the issuance of debt related instruments and provide opinions as required. M. Research and submission of legal opinions on municipal or other legal matters requested by City Council or City Manager. N. Meeting with the City Manager at least once per month to review the status of all legal matters before the City and providing a quarterly written status report on all current litigation and unresolved matters. O. Providing a legal briefing as requested to the City staff and Council regarding new or proposed legislation affecting municipal operations and activities. P. Providing on a periodic basis written updates on new state or federal legislation or judicial holding impacting upon the City, and suggested action or changes in operations or procedures to assure compliance. Q. Defend the City in all litigation, except in those cases where insurance companies are required to exclusively provide defense, including but not limited to: (1) human rights claims; (2) zoning and land use regulation matters; 3) permits and administrative actions; and 4) labor and employment matters. R. Represent City in worker's compensation matters. S. Review bonds and insurance requirements required by or for City contracts or activities. SECTION V PROSECUTION REPRESENTATION The services that are required for prosecution representation include, but are not limited to the following: A. Prosecution of gross misdemeanor, misdemeanor, and petty misdemeanor cases, including traffic violations, DWI cases, theft, and city code violations. B. Drafting complaints representing the City at court appearances, including omnibus hearings, pretrial conferences, court and jury trials, and post -conviction hearings. C. Preparation of regular reports of prosecution activities and staff. CIM JUL 5'91 REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES 1 /` Page 6 D. Advise and consult with City Manager or his designee relative to abatement of nuisances and other City code violations by means other than formal prosecution. F. Recommend cost saving measures without loss of prosecution effectiveness. G. Meet periodically with City Manager and/or appropriate department managers to review= status of legal matters. SECTION VI. LEGAL SERVICES SUMMhRY 1989 - 1990 The following is a summary of the legal services used by the City during the past two years: Type of Service 1989 1990 Prosecution 2,200 hours 2,300 hours General Civil Matters (appearance at Council meetings; general legal advice to City staff; drafting agreements; drafting ordinance and resolutions, etc.) 1,050 hours 1,150 hours Other Civil Matters (Litigation; special assessment appeals; eminent domain matters, etc.) 1,000 hours 1,200 hours SECTION VII. PROPOSAL EVALUATION AND APPOINTMENT A. The City intends to retain the legal services of the proposer evaluated to be best qualified to perform the work for the City, cost and other factors considered. B. Based upon the evaluation, the City Manager will recommend to the City Council the appointment of a law firm judged to be the most responsive and responsible proposer for each service requested. The final approval of the law firm appointed will be made by the City Council. C. The City will not reimburse the proposer for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation and submission of the proposal, and attendance at interviews. CIM JUL 5'91 REQUEST FOR PROPOSALS - PROFESSIONAL LEGAL SERVICES Page 7 D. The City reserves the right to reject any and all proposals or to request additional information from any and all proposers. SECTION VIII. CONFLICT OF INTEREST A. Indicate whether you or your law firm represent, or have represented any client which representation may conflict with your ability to service as city attorney. B. Do you currently represent any real estate developers? C. Do you currently represent any other local units of government having jurisdiction within, or contiguous to the City of Plymouth? D. What procedures does your firm utilize to identify and resolve conflicts of interest? 0 CIM JUL 5'91 Minnesota Department of Trade and Economic Development June 26, 1991 The Honorable Kim Bergman Mayor, City of Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Bergman: Office of the Commissioner 900 American Center 150 East Kellogg Boulevard St. Paul, MN 55101-1421 612/296-6424 Fax: 612/296-1290 I am pleased to inform you that your application for a Minnesota Economic Recovery Fund grant has been approved in the amount of $500,006. The City of Plymouth may use these funds to assist Carlson Marketing Group with job training, recruitment, and related employment assistance programs associated with the move to Plymouth. As you may know, the Legislature appropriated funds effective July 1, 1990, to establish an Economic Recovery Fund to supplement the Small Cities Development Program. Your grant award will be made from this fund. A grant agreement with the City of Plymouth is being prepared by Community Development Division staff. They will also provide you with additional information about your grant award to help you achieve your economic development goals. Also, please note that your approved application becomes part of the grant agreement. No changes can be made regarding the rates, term, use, schedules, or recipient of the loan funds without approval from this Department. For additional information, contact Robert Benner, Deputy Commissioner, at 612/297-2515. Finally, let me extend my congratulations to you and your staff for developing a successful project application to help address your community and economic development. needs. Sincer ly, E. Peter Gillette, Jr. Commissioner EPG:cd JAL f COMM/III266-1 - CIM JUL 5'91 MINNESOTA t9so An Equal Opportunity Employer July 3, 1991 CITY OF PUMOUTR Kevin and Jana Richardson, 2185 Zanzibar Lane Craig and Sarah Schilling, 2175 Zanzibar Lane Dave and Cheryl Brellenthin, 2190 Zanzibar Lane Russell and Robin Redman, 2180 Zanzibar Lane Bruce and Carole Hilden, 2170 Zanzibar Lane Oran and Diane Totsch, 2165 Zanzibar Lane Dear Residents: On July 1, the Plymouth City Council discussed the City's policy relative to placement and use of basketball structures in the public right-of-way. After review of the current policy, a report from the City's Risk Management Coordinator, and feedback from residents, the Council chose to make no change to the existing policy. I previously sent you a letter outlining the history of this issue in the City and requiring that the basketball structure be removed by May 31. Because of your petition and request before the City Council, that date was suspended until a decision was made. The policy states that "In those cases where a basketball structure is located in the right-of-way which is not in conformance with this policy, the City Clerk shall notify the property owner in writing to remove the basketball structure within 14 calendar days of said notice. If the structure is not removed within the 14 calendar day period, the City shall remove the structure at its expense." Since the Council has chosen not to amend the Policy, this letter is your notice that your basketball structure must be removed by July 17. You will receive no further notice of this action. If the structure is not removed by July 17, the City will remove the structure at its expense. If you have any questions, please contact me at 550-5014. Sincerely, Laurie Rauenhorst City Clerk cc: City Council Tom Vetsch, Street Supervisor Ctrs JUL. 5'91 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 POLICY GOVERNING PLACEMENT OF BASKETBALL STRUCTURES IN STREET RIGHT-OF-WAY July 1, 1991 Resolution No. 91 - (Supersedes Resolution 89-155, March 6, 1989) .. The City Council has become aware that numerous residents have constructed basketball structures within public right-of-way, generally at the edge of street paving. The location and orientation of these basketball structures necessitates the use of the streets for playing basketball. The hoop structures can also be an impediment: to ice control, snowplowing, and storage. This practice interferes or potentially interferes with the purpose of the right of way and appropriate movement of traffic and places individuals using the street right-of-way or playing basketball. at risk. Policy In order to reduce the potential risk to pedestrians and motorists and reduce the City's liability with respect to the use of such structures, the following procedures are hereby established: 1. Construction or placement of basketball structures within the public right-of-way shall not be permitted after March 6, 1989. 2. In those cases where basketball structures were known to exist in the public right-of-way as of March 1989, the property owners shall either: a. Remove the basketball structure from the public right-of-way. b. Apply for a one-year permit in order that such a structure may be maintained so long as the existing property owner owns the property. 3. If a homeowner with a basketball structure located within the right-of-way desires a permit for such a structure, the homeowner may make an application to the City Clerk on or before April 1 of each year. As part of the application process, the property owner shall agree in writing to defend, hold harmless and indemnify the City for any and all injuries arising out of the existence of the basketball structure. The fee for the annual permit shall be $10. The permit shall be accompanied with a copy of the homeowner's insurance policy in the amount of $600,000 naming the City as an additional insured with respect to the placement of a basketball structure in the right-of-way. 4. Upon receipt of the application, the City Clerk shall determine whether Dr not it meets the intent of this policy and if so, issue a permit for the year requested. A sticker shall be issued to the property owner to ,affix to the basketball hoop base signifying that it is currently permi,ted. For each subsequent year's license, the City Clerk will notify the property owner 30 days prior to expiration of the insurance policy. This (late shall become the new anniversary da::e of the license. So as long as the original homeowner renews the permit in accordance with this policy, the basketball structure shall be allowed to remain in the street right-of-way. 4. If a permit once issued expires for any reason, or if the ownership of the property changes, the City Clerk shall, upon notification, direct that the basketball structure be removed from the street right-of-way. CIM JUL 5'91 5. In those cases where a basketball structure is located in the right-of-way which is not in conformance with this policy, the City Clerk shall notify the property owner, in writing, to remove the basketball structure within 14 calendar days of said notice. If the structure is not removed within the 14 calendar day period, the City shall remove the structure at its expense. CIM JUL 5'91 I CIM JUL 5'�'l Margaret Barnes Ilbd 22 Co Rd 24.29 Wayzata MN 55391.9613 }' fA--. 4 ZX,.C.,Zl CIM JUL 5'91 MINNESOTA SUBURBAN PUBLICATIONS Post Publications and Minnesota Suburban Newspapers July 1, 1991 , Mr. Daniel J. Donahue City Manager City of New Hope 4401 Xylon Avenue North -jr New Hope, MN 55428 Dear Mr. Donahue: I just received your letter of June 26 and wanted to draft a response promptly because obviously there is some con- fusion about our shift of the PostNews to a TMC status that needs to be cleared up. First I think you can understand my puzzlement about your letter since nearly four times as many households now will be receiving the PostNews in New Hope as received it when PostNews was a paid newspaper. It would seem to me that an individual in your position would welcome the spread of information to a 400% increase in the number of households of the community who can be informed about significant issues in New Hope. I also should point out that when we define single family dwellings, we include any residence which has four units or fewer and also includes such domiciles as attached town - homes. For us, a single family dwelling unit does not necessarily have to be a free-standing single residence. Now you'll ask why not extend it beyond that definition. There are a number of pragmatic problems in delivering to apartment buildings which have security entrances. In many of these situations we simply are not allowed to deliver to each and every door. Also we've gotten a con- sistent reaction across the entire metropolitan area in dealing with apartments when we try to leave a fixed amount of newspapers in the waiting areas. The apartment managers complain that the newspapers are strewn about, that resi- dents will skim the material but leave a lot of clutter. New Hope Office: 8801 Bass Lake Road, New Hope, MN 55428 Phone: (612) 536-7500 Bloomington Office: 7831 East Bush Lake Road, Bloomington, MN 55439 Phone (612) 896-4700 GIM JUL 5'91 Page 2 Mr. Daniel Donahue July 1, 1991 of course, most managers do not hold the residents of the apart- ment units responsible, but instead hold us responsible. Thus we have the difficulty of cleaning up after the residents. In addition, all New Hope residents in apartments who have subscriptions to the PostNews will continue to receive the paper through the mail so no one living in an apartment who now is receiving the paper will be cut off. our plans call for a continued effort to increase our circulation in apartments. You may say that is discrimination, but the cost of delivering the newspaper through the mail, which is the only consistent method by which we can deliver to apartments, is far larger than it is by a carrier, by a factor of four or five times. We simply have to have some compensation just to cover the cost of that type of delivery. In addition, currently less than 3% of the residents in all the apartments of New Hope subscribe to the New Hope/Golden Valley PostNews. This is one of the lowest responses for apartment dwellers that we have across the entire Minnesota Suburban Publications system. Some people might even say that constitutes a lack of interest. Also please keep in mind that we will have copies available at racks around the city of New Hope so apartment dwellers who do not receive it now by subscription can obtain a copy of the paper that way. Perhaps it would be valuable if the two of us met to discuss this general subject. of particular interest to us would be an effort by you and the council to require apartment owners to provide us access to all apartment units so we could have the same capabili- ty of delivery to individual apartments buildings as we do to single family dwellings. That would provide a powerful argument for widening our reach of delivery. However, given those combinations of circumstances and given the fact that we will continue to offer the paper to anyone who lives in an apartment if they are willing to pay the cost of postage, I think we made a correct and justifiable decision. Sinice��3 Lee Canning Vice President LC/mc CIM JUL 5'91 7 • JAMES .I. THOMSON Attorney at Law Direct Dial (612) 337-9209 July 1, 1991 Ms. Mary Ann McCoy Executive Director Minnesota Ethical Practices Board 625 North Robert Street St. Paul, MN 55101-2520 Re: Meeting with Plymouth City Council Dear Mary Ann: HOLMES & GRAVEN CHARTERED 470 Pillsbury Center, Minneapolis, Minnesota 55402 (612)337-9300 Thank you for agreeing to meet with the Plymouth City Council to discuss the background and application of the Ethical Practices Act. The meeting will take place on Monday, July 29 at 7:00 p.m. at the Plymouth City Center. To get to the Plymouth City Center take Hwy. 55 West approximately 1/2 mile past Hwy. 494. Take a right on Plymouth Blvd. (you will see signs directing you to the Plymouth City Center). The City Center is located approximately 3/4 of a mile on the right hand side of Plymouth Blvd. I am enclosing a copy of the draft policy letter that I have prepared. I believe that the Council would be interested in knowing the background to the act itself plus the background to the ammendments that require cities with a population over 50,000 to comply with the act. I believe that the Council and the Plymouth staff members who are potentially covered by the act will be interested in knowing what information needs to be disclosed and who needs to comply with the act. Thank you for your coorperation. Please feel free to call me, if you have any questions. Sincerely, tmtesJ. Thomson JJT/nng Enclosure cc: James Willis PL100-32A Oim JUS 5'91 rIlj t .9 4-zl 5,1g9l DQ" 11--v � Pu W N w LAo - amu --�-e- ' Ln �L► L�� Lac: eG- SUPERIOR WISCONSIN 54880-2898 cim JUL 5,91 14L '' � --ck Z .Z- 11-j Q4 5`s�6g am JOL 511 ,7--//- K ` MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 5, 1991 TO: James G. Willis, yity Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: DRAINAGE PROBLEMS JUNE 30 RAINFALL During the late evening hours on June 30 and the early morning hours on July 1 the City received a very intense rainfall. In talking with different people throughout the City, we received between 31 and 5 inches of rain in a four hour period. It appears the rainfall was more intense in the western and northern part of the City. Areas west of us such as Rockford and Buffalo and areas within Maple Grove also received a substantial amount of tree damage from high winds associated with the storm. We had very little wind damage in Plymouth. There were several problem areas within the City which required action by the Street Division on our drainage system on Monday. Most of the problem areas were associated with debris such as leaves, grass, or branches blocking the drainage system. There were three areas which received damage (one substantial) which will require further follow-up. They are as follows: 1. The Gym located on the 28th Avenue cul-de-sac west of Fernbrook Lane had approximately two feet of storm water in their lower level. Their lower level is below ground with an exterior walkway to the outside. The storm water filled the areaway leading to the door and broke the glass allowing water to enter the building. This area will require an engineering study to determine the adequacy of our storm sewer system within this area. 2. Howard Hunt property on County Road 47. Elm Creek flows through the Howard Hunt property which is located on County Road 47 between Dunkirk and Lawndale Lane. Because of the wet spring, Elm Creek had flooded a portion of the area for a longer than normal period. The water had just receded within its banks when we received the heavy rainfall last Sunday. The area was again flooded and even rose to higher elevations. CIM JUL 5'91 It S- //- K SUBJECT: DRAINAGE PROBLEMS July 5, 1991 Page Two Possibly six or eight years ago the City of Plymouth and Maple Grove had to do some channel excavation to remove a blockage which was caused by siltation. We will again be re -checking this area after the water recedes within its banks. Another problem several years ago was blockage of the channel by trees adjacent to Elm Creek Road in Maple Grove. This channel has been checked and is clear of trees. 3. 1506 and 1510 Weston Lane. This area is at the upper end of the drainage and ponding system in the Chelsea Woods Addition which outlets at Dunkirk Lane and County Road 6. These two properties had flooding in their rear yards. We will be conducting an investigation of this entire drainage system to determine if improvements are necessary. The rainfall which we received was very intense. It is my opinion that our overall system performed properly, but there are some areas which require minor corrections. FGM:kh CIN JUL 5'91 THRESHER SOUARE DAVID J. BENNETT 700THIRD STREET SOUTH MARK SWENSON MINNEAPOLIS MN 55415 DENNIS I. SUTLIFF PHONE (6121370-0700 DAVID L GRAHAM FAX 16121370-1378 PETER E IARVIS DONALD W RINGROSE B- R- W- A R C H I T E C T S- INC July 2, 1991 Mayor and Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Plymouth Maintenance 83-9012 City #009 Dear Mayor and Council Members: JUL 5 1991 �YO I would like to formally thank you for your vote of approval to proceed with the construction of the maintenance facility. A great deal of effort has been made by the entire team, including Fred Moore and staff, to get the best value for the money. To be sure, it was both luck and hard work that brought this project just within the guidelines previously established, which was no small order. Should you entertain an escorted tour of the project while under construction, I will be happy to join you. In the mean time, we shall have to deal with a lot of anxious, "hungry" contractors. Thank you again. Sincerely, BRW -ABCHITECTS, INC. Jeff L. L. Oertel, AIA, CCS Sealb Associate JLO/cr 83-9012 AN AFFILIATE P NER INC. UPHITECTSERLNG.TANSPORTANGIEING M 5'91 MINNEAPOLISIDENVER PHOENIX T PETERSBURG N SJUL .A V I F?T HENNEPIN [J H 1=//-rn-, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 822 South Third Street, Suite 300 Minneapolis, Minnesota 55415-1208 Phone: (612) 348-6846 FAX: (612) 348-8532 July 3, 1991 On July 1, 1991, the Hennepin County tree disposal site in Maple Grove expanded its hours. Monday through Friday the site will be open from 8:00 a.m. to 5:45 p.m. and on Saturday the hours remain the same: 10:00 a.m. to 2:00 p.m. These hours will remain in effect until further notice. At the present time the tree disposal site in Maple Grove is being subsidized in its operation by Hennepin County. Therefore, only tree waste from within the borders of Hennepin County will be accepted at this site. Please cooperate with the scalehouse attendant when asked where the trees on your truck were cut down. The truck driver will be asked for information such as name of property owner, address and a telephone number so that the County may verify where the tree waste originated. Thank you very much for your cooperation and please feel free to call me at 348-2311 if you have any questions or concerns regarding the operation of the Maple Grove tree site. Sincerely, Michael K. Brandt Principal Environmentalist Protection & Conservation Section HENNEPIN COUNTY an equal opportunity employer PRINTED ON RECYCLED PAPER WA JUL 5'91