HomeMy WebLinkAboutCouncil Information Memorandum 05-16-1991CITY COUNCIL
May 16, 1991
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CIN OF
PLYMOUTFF
INFORMATIONAL MEMORANDUM
UPCOMING MEETINGS AND EVENTS....
1. CITY COUNCIL MEETING SCHEDULE FOR MAY:
May 21 6:30 P.M.
(Tuesday)
7:00 P.M.
Plymouth Forum
City Council Chambers
Regular Council Meeting
City Council Chambers
2. PRAC PARK TO -- Wednesday, May 22. The annual Park and
Recreation Advisory Commission park tour will begin at
5:00 p.m., leaving from the City Center It will be
completed by 8:30 p.m. A box lunch supper will be served
on tour. A 25 -passenger minicoach will be at the City
Center to pick up individuals who are interested in
participating in the tour. Councilmembers are welcome to
attend. Please contact Nancy Pederson (550-5134) if you
plan to attend.
3. PLANNING COMMISSION -- Wednesday, May 22, 7:00 P.M. The
Planning Commission will meet in the City Council
Chambers. Agenda attached. (M-3)
4. 'CREATING A COMMUNITY VISION: FUTURING CONFERENCE FOR
NORTHWEST HENNEPIN COMMUNITIES' -- Thursday, May 23, 2-8
p.m., RHS Resource Center, Robbinsdale. A brochure on
the conference is attached. Please contact Laurie if you
would like to be registered. (M-4)
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 2
5. 'CONSTITUTIONAL ISSUES IN LAND USE AND ZONING• DUE
PROCESS, EQUAL PROTECTION, AND THE TAKING ISSUE' --
Wednesday, May 29, 2:00 - 5:00 p.m. A seminar for local
officials sponsored the Association of Metropolitan
Municipalities, League of Minnesota Cities, Metropolitan
Council, and the law firm of Popham, Haik, Schnobrich &
Kaufman, Ltd. will be held at the Marriott City Center in
Minneapolis. A brochure is attached. Please notify
Laurie if you will be attending. (M-5)
6. AMM ANNUAL MEETING -- Thursday, May 30. The Association
of Metropolitan Municipalities will hold its annual
meeting at the Earle Brown Heritage Center in Brooklyn
Center. Social hour - 5:30 p.m.; Dinner - 6:30 p.m.;
Annual Business meeting - 7:30 p.m. Dinner reservations
need to be made by May 23. Please contact Laurie if you
plan to attend the dinner. Reservations are not
necessary if you are attending only the business meeting.
A copy of the meeting agenda is attached. (M-6)
7. LMC ANNUAL CONFERENCE -- June 11- 14, Mayo Civic Center,
Rochester. Information from the League on the conference
is attached. (M-7)
8. MEETING CALENDARS -- Meeting calendars for May and June
are attached. (M-8)
FOR YOUR INFORMATION.....
1. COUNCILMEMBER ZITUR -- Councilmember Bob Zitur is
recovering comfortably after successful surgery at
Methodist Hospital.
2. EXTENSION OF NORTHWEST BOULEVARD -- Attached is a letter
from John Stemper and Dave Barstad, representing
residents of Bass Lake Woods, Bass Lake Heights 4th
Addition, and Meadows of Bass Lake, identifying questions
and concerns with respect to the extension of Northwest
Boulevard in the vicinity of the Soo Line Railroad
tracks. These individuals participated in meeting with
City Engineer Dan Faulkner, and County representatives
during the week of May 6. At that meeting, discussion
focused on requirements on the City as a result of Corps
of Engineer and Department of Natural Resources
requirements. As a result of this meeting, residents
asked that a meeting be held including all actors.
Attached is a memorandum from Dan Faulkner which
indicates that such a meeting has been set up on Monday,
May 20 at 2:00 p.m. in the Plymouth City Center, Council
conference room. Invited to this meeting through Mr.
Barstad and Mr. Stemper are the residents in the
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 3
respective neighborhoods listed above, representatives of
the Corps of Engineer, Department of Natural Resources,
County and City of Plymouth. The purpose of this meeting
will be to attempt to respond to some of the concerns
raised by area residents. This item is tentatively
scheduled for the June 3 agenda for the City Council to
authorize bids to be taken on this project. (I-2)
3. TRANSFER STATION LOCATION -- Brian Mark contacted me on
May 14, indicating that he had talked with Commissioner
John Derus, who told him the best strategy would be to
find another site in Plymouth if he does not like the
current site. Mr. Mark stated that he contacted Brad
Hoyt, who has recently acquired the old Aglite site. Mr.
Hoyt has suggested that the City entertain a suggestion
that the County switch the old Aglite site for the
existing transfer station site. Mr. Mark's basis for the
move is that it would not nearly have the residentially
impact that the current site does.
I advised Mr. Mark that this solution does not appear
viable for a number of reasons:
1. There is no interchange for I-494 and 49th Avenue
North, and therefore the property has very poor
access especially for 300 heavy vehicles a day.
2. The proposed site has no sewer and water and is
not likely to receive it until 1992 at the
earliest.
3. While the land is guided Industrial, it is zoned
FRD at the present time. Rezoning would be
required.
4. Residential property surrounds this site a
greater extent than the existing transfer station
site which has a larger industrial buffer around
it.
5. Any changes in the site would require additional
public hearings and an amended Environmental
Impact Statement.
4. PLYMOUTH INQUIRY TRACKING SYSTEM -- In March, the City
Council received a staff report recommending that we
develop an inquiry tracking program for use on the City's
mainframe computer. Since March, Mark Ahmann, our new
computer programmer, has made substantial progress on
this program. Actions which have been completed include:
1. Development of a Data Entry Screen - This is the
screen that each employee will use when they are
entering an inquiry or complaint into the system.
CITY COUNCIL INFORMATIONAL+ MEMO
May 16, 1991
Page 4
2. Development of an Inauiry Summary Screen - An
entry in the data entry screen above will create
a summary entry in the summary screen.
Departments will know electronically whether they
have a new inquiry or complaint for follow up
because the complaint summary will blink "new"
for items which have not been looked at by the
receiving department.
3. Form Letters - Two different types of letters
have been prepared (attached). The first advises
the party that an inquiry has been received and
to whom in the City it has been referred. The
second letter will announce to the inquirer the
results of the investigation.
4. Reports - Three reports have been completed. The
first is a "List of All Cases Received between X
and Y." This report shows by division all
inquiries received, the location, type of
inquiry, complainant, date received, and number
of days open. The second report is a "Summary of
All Requests Received from X to Y." This report
shows at a glance the types of inquiries received
by each division and whether they were found to
be valid or invalid, open or closed. The final
report attached shows inquiries which are
delinquent in their resolution. Additional
reports are being completed.
In preparing the inquiry tracking system we have been
careful to include the department heads and ultimate
users in every phase of program development.
Unfortunately, the preparation of the program has
taken longer than originally estimated. Mark Ahmann
tells me that an additional 30 days beyond the
originally anticipated May 21, 1991 due date will be
required to complete the system. Following that, a
"dry -run" experiment will be conducted to ensure that
the system works correctly. Following this, the
system will be ready for use. We anticipate that the
system will be operational in July. (I-4)
5. PLYMOUTH METROLINK ROUTE 92 IMPROVEMENT AND TRAVEL DEMAND
MANAGEMENT PROJECT -- In April, the Council was advised
of our Route 92 improvements and Travel Demand Management
Project through the cooperative efforts of the City,
Minnesota Rideshare, MTC and Regional Transit Board.
Attached for Council information are three documents:
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 5
1) Memorandum from Steve Mahowald - This memorandum
provides the proposed routing and schedule
changes for reverse commuter service commencing
September 30, 1991. These route changes are made
as a result of the research that the MTC
completed earlier this year. It is hoped that
with these route changes we will better serve
Plymouth businesses and, in the process, improve
ridership and increase route efficiency. The
annual cost increase of these improvements is
estimated to be $50,000. Since they will be
initiated in October this year, the first year
cost will be about $20,000. We should be able to
finance these improvement in our existing RTB
contract.
2) Memorandum from Len Simich, Regional Transit
Boar - As part of our Route 92 improvements, we
are also working with the Regional Transit Board
to initiate a Travel Demand Management Project.
The Metropolitan Council as part of its
Comprehensive Plan updating requirements is
mandating that cities initiate Travel Demand
Management Programs. These programs reduce
roadway congestion by working with employers.
The employers are encouraged to offer incentives
to their employees to use alternate forms of
transit such as carpooling, vanpooling, pass
subsidies, etc. The RTB memorandum sets forth
our project timeline.
3) Draft letter from Mayor Bergman to Employers and
CEO's in Plymouth - This letter is proposed to be
used in conjunction with the Travel Demand
Management Program. The letter advises Plymouth
employers that they will be contacted by our
"Travel Demand Management Team" including the
City, Minnesota Rideshare, and Regional Transit
Board representatives in the near future. The
intent of the letter is to encourage business
cooperation and active participation in the
program.
(I-5)
6. LEAGUE OF PLYMOUTH VOTERS, et al v CITY OF PLYMOUTH --
Copies of the following correspondence are attached:
1) Memorandum of Law of the defendant, City of
Plymouth, delivered to the District Court Judge
David Duffy on May 10, 1991.
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 6
2) Letter to Mark McCullough, and David Anderson,
counsel for League of Plymouth Voters, from
Barbara Hatch, Murane, Conlin, White, Brandt &
Hoffman, concerning the submittal of certified
questions to the Court of Appeals.
3) Letter to Judge David M. Duffy, from Barbara
Hatch, submitting proposed questions for
consideration by the Court of Appeals.
(I-6)
7. CITY OF PLYMOUTH V W.J. CAVANAUGH -- Attached is a
letter to Mark McCullough, from Robert J. Lindall, Holmes
& Graven, conveying copies of Council resolutions
authorizing the condemnation and the use of quick take
for the library site. (I-7)
8. KING VIDEOCABLE -- King Videocable has announced that an
agreement has been reached with the Providence Journal
Company for the acquisition of King Broadcasting Company
and its cable operations. Attached is a letter form Jim
Commers of King Videocable Company together with a news
release announcing the agreement and additional
information on Providence and its management. (I-8)
9 PRIVATE STREET TASK FORCE - STATUS -- The Plymouth Sailor
and the May issue of the Plymouth News advertised for
residents interested in applying to serve on a Private
Street Task Force. This Task Force would assist the
Special Assessment Committee in studying and making
recommendations on issues related to Private Streets in
the City. We have received about 10 requests for
applications to date.
10. COUNTY ROAD 6 UPDATE -- The attached flyer was mailed to
residents along County Road 6 informing them on the
status of the project. (I-10)
11. MOTOR VEHICLE DEALERSHIP COMPLAINT -- Attached is a
report from Laurie Rauenhorst on a call she received
regarding a possible unlicensed motor vehicle dealership
in the City. ( I-11)
12. MINUTES
a. Park and Recreation Advisory Commission, May 9, 1991
(I-12)
13. DEPARTMENT REPORT -- The Fire Department monthly activity
report for April is attached. (I-13)
14. CUSTOMER SERVICE LINE -- Documentation on calls received
on the Customer Service Line is attached. (I-14)
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 7
15. ARTICLE ON ST. PAUL HOUSING AGENCY -- The attached
article on the naming of the St. Paul Public Housing
Agency as one of the two best public housing authorities
in the nation was taken from the May 16 Star Tribune.
Jon Gutzman is the agency's Executive Director. As the
Council is aware, Jon also serves on Plymouth's Housing
and Redevelopment Authority. (I-15)
16. PLYMOUTH EMPLOYEES
a. Note from Craig and Pam Bindert, to Dick Carlquist,
commending Officer Dale Duerksen for his work with the
D.A.R.E. program. (I -16a)
b. Letter of congratulations from Jim Ramstad, to Jim
Willis, on 20 years of service as City Manager. (I -
16b)
17. CORRESPONDENCE:
a. Letter from Frank Freels, Chairperson PRAC, to Mayor
Bergman, requesting a meeting with the City Council
and PRAC Commissioners to discuss Council direction
for future recreation facilities. (I -17a)
b. Letter form Marl Ramsey, Osseo School Superintendent,
to City Manager, declining the City's request for the
school district's assistance in funding the D.A.R.E
Program. (I -17b)
c. Letter from Northern States Power Company to
municipalities in NSP's electric service territory,
advising of upcoming public hearings by the Minnesota
Public Utilities Commission on NSP's proposed electric
rate increase. (I -17c)
d. Memo from David Landswerk, Wayzata Schools
Superintendent, informing Members of the Secondary
School Task Force that results of the community
preference survey being conducted by Decision
Resources, Ltd. will be presented on June 24. (I -17d)
e. Letter from Ken Evenstad, Upsher-Smith Laboratories,
Inc., 14905 23rd Avenue North, to Dick Pouliot,
regarding commercial recycling programs. A response
from Dick is also attached. (I -17e)
f. Memo from Gary Walter, 10815 41st Avenue North, to
Eric Blank, recommending a pathway be installed to
Zachary Park on the south of County Road 9 and
Zachary. (I -17f)
CITY COUNCIL INFORMATIONAL MEMO
May 16, 1991
Page 8
g. Letter to Bruce Batterson, Faegre and Benson, from
Blair Tremere, regarding the Community Development
Grant Application related to the Carlson Marketing
Group Inc. acquisition of the CVN property at County
Road 6 and Xenium Lane. (I -17g)
h. Letter to Thomas and Christine Rossume, 1745 Evergreen
Lane, from Laurie Rauenhorst, providing 14 day notice
to remove a basketball structure located in the street
right-of-way. (I -17h)
i. Letter of congratulations to Loren Menkin, from Mayor
Bergman, on being named Miss Minnesota National
Teenager. (I -17i)
j. Letter to Tom Kline, Waste Management, from Laurie
Rauenhorst, on a complaint from a Plymouth resident on
the hours of the firm's garbage collection service.
Mr. Kline called Laurie after receiving the letter.
He stated that he has talked to the driver and early
collection will not occur again. (I -17j)
k. Letter from Michael Gallager, advising that
Gallagher's Liquors, 11331 Highway 55 has ceased doing
business as of April 13, 1991. (I -17k)
1. Memorandum to metro area City Managers and Finance
Directors, from Mike McGuire, City Manager, and Dan
Faust, Finance Director, City of Maplewood, on the
Maplewood Council's consideration of a moratorium on
all building permits due to levy limits. (I-171)
m. Memo from Mayor Bergman, to City Councilmembers,
regarding Charter Commission recommendations.
Councilmember Vasiliou has also confirmed by telephone
that she will be corresponding directly with Judge
Levy. (I -17m)
n. Letter of commendation to Hennepin County Water
Patrol, from Dick Carlquist. (I -17n)
Frank Boyles
Assistant City Manager
PLANNING COMMISSION MEETING AGENDA
WEDNESDAY, MAY 22, 1991
CITY COUNCIL CHAMBERS
WHERE: Plymouth City Center
3400 Plymouth Boulevard
Plymouth, MN 55447
)-A-3
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. Lundgren Bros. Construction, Inc. Final Plan/Final Plat and RPUD
Amendment for Churchill Farms Subdivision to allow for multiple
subdivision identification signs; fences in excess of 3 feet in
height in front yards; and, to allow for fences in lots without a
principal use (90009)
B. Family Hope Services. Preliminary Plat, Final Plat, Site Plan, and
Rezoning from FRD (Future Restricted Development District) to B-1
(Office Limited Business District) of a 0.52 acre tract for the
Family Hope Services located at southwest corner of Fernbrook Lane
and 34th Avenue North (91013)
C.
Tom Bishop. Conditional Use Permit to Amend
Planned Unit
Development to allow encroachment of an enclosed porch to within
15.5 feet of the property line at 10690 45th Avenue
North (91029)
6.
NEW
BUSINESS
A.
Rick Splett. RPUD Plan and Conditional Use Permit
Amendment for a
12 x 14 foot enclosed porch in Cimarron Ponds located at 990 Xene
Lane (91025)
B.
Jeff Robers. Site Plan Amendment and Variances for
a 59,080 square
foot building/parking lot expansion located at 2765 Niagara Lane
North (91034)
7.
OLD
BUSINESS
A.
Bob's Energy Saving Service, Inc. Residential
Planned Unit
Development Conditional Use Permit Amendment for
a three season
porch at 1175 Black Oaks Lane (91023)
8.
OTHER BUSINESS
9.
ADJOURNMENT
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To regist:>r, return tue
7601 Kentucky Avenue
participant.
Name(s)
Title(s)
cegistccnion form and check to Northwest Hcnn. pin hi rnau Services Council,
Horth, No. 101, Brooklyn Park, 55428, MN by Monday. May 20. Cost is $35 per
Organization affiliation
Address
City Zip code
Please state special lunch requirements or special accommodations you require.
Please indicate the sector that you represent:
_ Business _ Government _ Nonprofit _ Schools _ Media _ Ecumenical
Phone
CIM 0 10'91
Other (describe) ("{R. MAY 1 C '91
For more information, contact Patty Wilder, NWHHSC, at (612) 493-2802, v^ice or TDD.
WE ARE PLEASED TO ANNOUNCE
A PRACTICAL PRESENTATION
FOR ELECTED OFFICIALS,
PLANNING COMMISSION MEMBERS,
CITY MANAGERS, AND
COUNTY AND CITY STAFF
ON
"CONSTITUTIONAL ISSUES IN
LAND USE AND ZONING:
DUE PROCESS.
EQUAL PROTECTION, AND THE
TAKING ISSUE"
MAY 29, 1991
2:00 - 5:00 P.M.
MARRIOTT CITY CENTER
30 SOUTH SEVENTH STREET
MINNEAPOLIS, MINNESOTA
RECEPTION FOLLOWS
SPONSORED BY:
ASSOCIATION OF METROPOLITAN MUNICIPALITIES
LEAGUE OF MINNESOTA CITIES
METROPOLITAN COUNCIL
THE PUBLIC LAW PRACTICE GROUP OF:
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
m- s
cim MGA' 16 '91
ASSOCIATE JUSTICE
SUPREME COURT OF THE
STATE OF MINNESOTA
.JUSTICE SIMONETT WAS APPOINTED TO THE
MINNESOTA SUPREME COURT IN 1980, ELECTED IN
1982, AND RE-ELECTED IN 1988. PRIOR TO HIS
APPOINTMENT TO THE SUPREME COURT, JUSTICE
SIMONETT PRACTICED LAW IN LITTLE FALLS,
MINNESOTA. HE IS AN ADJUNCT PROFESSOR AT THE
UNIVERSITY OF MINNESOTA LAW SCHOOL, A FELLOW
OF AMERICAN COLLEGE OF TRIAL LAWYERS, AND A
MEMBER OF THE INTERNATIONAL SOCIETY OF
BARRISTERS.
MR. CLIFFORD M. GREENE
MR. GREENE IS A SHAREHOLDER IN THE NATIONAL
LAW FIRM OF POPHAM, HAIK. SCHNOBRICH &
KAUFMAN, LTD. WHERE HIS PRACTICE FOCUSES ON
ADVISING AND DEFENDING MUNICIPALITIES REGARDING ,
LIABILITY ISSUES AND LAND USE MATTERS. MR.
GREENE IS A NATIONAL OFFICER OF THE URBAN, STATE
AND LOCAL GOVERNMENT SECTION OF THE AMERICAN
BAR ASSOCIATION. HE IS A NATIONAL SPEAKER ON
MUNICIPAL LIABILITY AND A FORMER PROFESSOR AT
WILLIAM MITCHELL COLLEGE OF LAW.
RSVP: MS. MARY KAY SHANNON
POPHAM, HAIK, SCHNOBRICH & KAUFMAN, LTD.
334-2579
POPHANi HAIK' r'
SCHNOBRICH & KAUFMAN, LTO.
C11M MAY 16'91
THE FABRIC AND CONTOURS OF MUNICIPALITIES ARE
CHANGING AS WE MOVE FORWARD INTO THE NEXT
DECADE. THESE CHANGES INCLUDE EVER -INCREASINGLY
CREATIVE LAND USE AND :'ONING CHALLENGES TO CITY
COUNCILS, PLANNING COMMISSIONS, AND MUNICIPAL
STAFFS. REDUCTIONS IN STATE AID TO MUNICIPALITIES
MAKE IT NECESSARY THAT THEY CONSERVE LIMITED
FINANCIAL RESOURCES BY, WHEN POSSIBLE, AVOIDING
DISPUTES THAT CHALLENGE LAND USE AND ZONING
DECISIONS.
PLEASE JOIN US FOR
PRACTICAL PRESENTATIONS FOR
NON -LAWYERS BY:
PRCi'FSSOR EDV.ARD H. ZILGLER
PROFESSOR ZIEGLER IS A NATIONALLY RECOGNIZED
AUTHORITY ON LAND USE AND ZONING. HE IS THE
AUTHOR OF RATHKOPF'S THE LAW OF ZONING AND
PLANNING, A PUBLICATION RELIED ON BY LAND USE
LAWYERS, CITY ATTORNEYS, AND THE COURTS. IN THE
PRECEDING TWELVE MONTHS ALONE, PROFESSOR
ZIEGLER HAS BEEN CITED AS AUTHORITY BY APPELLATE
COURTS IN MORE THAN TWELVE STATES. HE IS A
TENURED PROFESSOR AT THE UNIVERSITY OF DENVER
COLLEGE OF LAW.
�A- s
cim MY 16'91
s
as ociation of
metropolitan
municipalities
5:30 p.m.
�A_
1991 AMM ANNUAL MEETING
WHEN: Thursday, May 30,1991
WHERE: Earle Brown Heritage Center
6155 Earle Brown Drive
Brooklyn Center, Minnesota 55430
6:30 p.m.
0
7:30 p.m.
Social Hour Deluxe Buffet Annual Business
(Cash bar) (Carved Round of Beef, Meeting
Roast Chicken Breast,
Savoyed potatoes, salads, desserts and more)
Cost: $23 per person
Social hour, dinner and business meeting in the Estate/Captains rooms
SPOUSES, SIGNIFICANT OTHERS AND GUESTS ARE WELCOMED!
1. Dinner reservations to Carol Williams (227-4008) no later than Thursday, May 23,
1991. (Reservations are not needed if you plan to attend the business meeting portion only. Please
channel all reservations through the office of your city Manager/ Administrator.)
2. What's going on with the Metropolitan Council? Will it assume more authority over the Re-
gional Transit Board? Will it exist after 1993? Please come to the meeting and learn fust -hand from
Met Council Chair Mary Anderson - a former AMM president - about what changes may be in
store for the Met Council as a result of the new party controlling the Governor's Office.
3. What city official wouldn't like saving time and money resolving a dispute, while building up
some goodwill? Plan on attending an afternoon workshop on alternative dispute resolution. The
AMM, in conjunction with the State Office of Dispute Resolution and the Mediation Center, is
sponsoring a workshop on the basics of alternative dispute resolution, specifically mediation. The
workshop will be from 2:30 to 5 p.m. Please call Carol Williams (227-4008) to sign up for the work-
shop. YOU DO NOT NEED TO ATTEND THE ANNUAL MEETING TO ATTEND THE
WORKSHOP, AND VICE VERSA.
See Map and meeting agenda on reverse
DISTRIBUTION NOTE: This notice has been mailed to Mayors, Council members and
Managers/Administrators individually.
1 I 191
WWI MA,
CIM, 0'91
?23 uni.,a ...:v ;ver,,. eas'. _.. ,:rj;;!, nninneseta 5-,101 (612) 227-4008
M- to
Business Meeting Agenda
1. Welcome to Brooklyn Center, Mayor Todd Paulson.
2. Recognize retiring officers and board directors.
3. Keynote Address: Where is the "new" metropolitan Council headed? Mary Anderson,
Chair of the Met Council, shares her thoughts on how relations between that panel and cities
may be affected.
4. President's Annual Report, Larry Bakken
5. Annual Election of Officers and Directors:
a. Report of Nominating Committee (report enclosed): Walt Fehst, Past President and
Nominating Committee Chair.
b. Election (President, Vice -President and Directors)
6. Comments of President-elect
7. Discussion of proposed LMC constitutional amendment
7. Adjournment.
604
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aw.aftrew"A
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cu'l. Ngs 16 '91
C;M NAY 1 Cu'91
NOMINATING COMMITTEE REPORT
TO: Member city officials
FROM: Walt Fehst, Chair
RE: Committee Recommendations
The committee has completed its work and respectfully recommends the following persons for
your consideration, pursuant to by-law Article IX, section 3.
FOR PRESIDENT: Bob Long, Council member, St. Paul
FOR VICE-PRESIDENT: Karen Anderson, Council member, Minnetonka
FOR BOARD DIRECTORS (Eight to be elected for two year terms):
*Bill Barnhart
*Richard Enrooth
*Ken Mahle
*Frank Ongaro
Barbara Peterson
*Craig Rapp
*Tom Spies
Brenda Thomas
* = Incumbent
Coordinator's Office
Council member
Mayor
Mayor's Office
Mayor
Manager
Council member
Council member
CONTINUING BOARD MEMBERS (One year remaining in term):
Don Ashworth
Bill Bums
Joan Campbell
Tom Egan
Dave Childs
Betty McCollum
Gloria Vierling
Gene White
PAST PRESIDENT:
Manager
Manager
Council member
Mayor
Manager
Council member
Council member
Council member
Larry Bakken Mayor
NOMINATING COMMITTEE MEMBERS:
Walt Fehst, Chair
Bill Buth
Joan Campbell
JoAnne Growe
Mark Nagel
Dave Unmacht
Ken Wolf
Manager
Council member
Council member
Council member
Manager
Manager
Council member
Minneapolis
St. Anthony
Woodbury
St. Paul
Orono
Brooklyn Park
Bloomington
Roseville
Chanhassen
Fridley
Minneapolis
Eagan
New Brighton
North St. Paul
Shakopee
Prior Lake
Golden Valley
Robbinsdale
Cottage Grove
Minneapolis
Arden Hills
Anoka
Prior Lake
Burnsville
M -
Cih4 Nl�v 16 '91
CIM MAY 10'91
COMING TOGETHER
BUILDING ON COMMON GROUND
PROGRAM' Break
SCHEDULE 10:15-10:30 a.m.
All conference events are in the Mayo Concurrent Sessions
Civic Center unless otherwise indicated.
Tuesday,
Julie 11, 1991
LMC Board of Directors
Meeting
1:00 P.M.
LMC Conference Planning
Committee Meeting
3:30 p.m.
Special Kick -Off Event
7:30 p.m.
South to the Border—Down
Rochester Way
Enjoy southern hospitality and a block-
buster show featuring comedienne
Susan Vass at the Mayo Civic
Auditorium.
Wednesday,
Julie 12, 1991
Welcome/Opening Session
9:00-10:15 a.m.
"Building on Common Ground"
Helen Thomas, White House Bureau
Chief, United Press International (UPI)
(choose one)
10:30-11:45 a.m.
Especially for policymakers
Communicating with the Public
0 Risks and rewards
• Matching objectives to specific
audiences
* Dealing with complaints and
concerns
• Building public support through
information activities/mediums (i.e.
newsletters, cable TV)
• Training staff to communicate
effectively
Especially for staff
Employee Development
• What is employee development?
• Types of programs
• Benefits/disadvantages
• How to develop a program for
your city
0 Case studies
Tackling tough times
Financial Realities in the '90s
This is the fust of three related sessions
dealing with fiscal issues.
* The financial environment—what's
happening?
0 Impact on municipalities
0 State/local government perspectives
• How cities can respond
Keeping current
Legal and Illegal Gambling in
Minnesota
A Update on current activities and
dollars
• Preview of trends and expected
changes
• Taking control of legal gambling
through better licensing and coopera-
tion with the state
• Illegal gambling: Problems, prog-
ress, and challenges (i.e. common
activities, related crimes, enforcing
laws)
Special focus
Problems of Growing Cities
0 What happens to cities that grow
fast?
• Common areas of concern (i.e.
wastewater treatment, police and fire
protection, infrastructure)
• Importance of leadership and
planning
* Case histories of a small, a medium,
and a large city
Exhibitors' Luncheon
11:45 a.m.-1:15 p.m.
General session
1:15-2:15 p.m.
Dealing with Differences: The
Challenge of Cultural Diversity
Dr. Edwin Nichols, Director, Nichols
and Associates
CIM I;r' 1 x,'01
CIVG 31
MINNESOTA CMES / APRIL 1"I
Concurrent Sessions 11
(choose one)
2:30-3:30 p.m.
Especially for policymakers
Public Speaking for Policymakers
O Preparing for public meetings
O Presenting your position effectively
and tactfully
O Handling presentations to the
community
O Listening: The most important tool
Especially for staff
Working with Culturally Diverse
Groups
(skill session)
O Better understanding and apprecia-
tion of cultural differences in the work
place
O Characteristics of various cultures
O How cultural biases affect decision
making
O How socialization process shapes
attitudes, values, perception, and
behavior
O Effectively working in and/or man-
aging a culturally diverse work force
Tackling tough times
Enhancing Revenues for Your city
O Analyzing current budget regarding
mix of revenue sources and best use of
funds/reserves
O Developing a proactive approach
O Various strategies available to cities
Keeping current
Drug Programs—Success Stories/
Funded Models
O Update on the drug problem in our
cities
O Need to combine prevention and
enforcement
O Funding sources
O Success stories—model programs
Special focus
Problems of Shrinking Cities
O Overview: Causes, characteristics,
and challenges of shrinking cities
O Implications and issues
O Strategies to respond—what cities
can do (i.e. education, policies,
programs)
Concurrent Se5_-.,jons 111
(choose one)
3:45-5:00 p.m.
Especially for policymakers
An Update on Council Meetings:
Open Meeting/Data Practices
O Update on recent legislative changes
and their impact on cities
O How to comply
O How to deal with the conflict
between the two laws in areas such as
personnel and economic development
Especially for staff
Cultural Diversity—Model Programs
O Successful programs in other
communities
O Purposes and benefits of such
programs
O How to set one up in your
community
O City's role
Tackling tough times
Minimizing City Expenditures
O Developing budget guidelines and
expenditure priorities
O Discovering opportunities to
enhance productivity
O Specific ways to stretch dollars
O Financing strategies to minimize
costs
Keeping current
Building Better Buildings
O Overview of the issues
O Planning for quality: Role of the
council and staff
O Making the building code meet your
community's needs
O Building officials: What they can
and cannot do
Special focus
Cooperative Approaches Among
Cities
Does your city have a story to tell
about a successful collaborative effort?
If so, this session provides a fonim for
you to share what you've done with
other cities that could benefit from your
experiences. The session will begin with
brief case studies; then a facilitator will
open it up to the audience to gather
examples of successfiil efforts. In order
for this forum to succeed, participants
must come ready to discuss what they
have done in the area of collaboration,
why, who was involved, what resources
they needed, results, pitfalls to avoid.
Note: A brief one-page summary would
be helpful.
City Night
6:00 p.m.
Feast on southern fried chicken and
Texas barbequed ribs.
Thursday,
June 13, 1991
Small Cities Leadership
Breakfast
8:00 a.m.
Importance of Leadership in a Time
of Change
Concurrent Sessions IV
(choose one)
9:00-10:30 a.m.
Especially for policymakers
Working with Staff (Council -
Manager Cities)
O Role of elected official and staff
O Developing a specific understanding
of how and when communication
should occur
O Developing a team approach
O Working from a shared vision,
shared agenda, and shared expectations
Especially for staff
Comp Worth
O Review of local government pay
equity act (purpose and requirements)
O Summary of 1991 legislative
changes
O Case study of Lakeville's employee
position classification systems (in effect
since 1984 and serving as a model for
other cities)
C i m MjG,v 10 '91
MINNESOTA CITIES I APRIL 1"1 19
10.f4111PI, 11 '91
COMING TOGETHER
BUILDING ON COMMON GROUND
Tackling tough times
Speaking to the Legislature with One
Voice
This session will focus on efforts of the
Summit Group.
0 Purpose
0 Who participated
* Outcome
0 Future plans
Keeping current
Economic Development for Large
Cities
0 Public/private partnerships—what
tools are left? (Tax increment financing
to equity participation to venture
captial)
0 Targets/issues for the '90s (labor
shortage to business retention)
* Encouraging the entrepreneur
Special focus
Economic Development for Small
Cities
This session will provide specific infor-
Parade of Flags
s
mation on what's available today to
help small cities.
• Minnesota extension services com-
munity development programs (i.e.
tourism center, project future, retention
and expansion follow-up)
0 Department of Trade and Economic
Development's star city program and
business retention and expansion
program
• Tax increment financing
0 Community reinvestment fund
Concurrent Sessions V
(choose one)
10:45-12:15 p.m.
Especially for policymakers
Working with Staff (Cities Without
Manager/Administrator)
0 Role of elected official and staff
0 Developing specific understanding
of how and when communication
should occur
0 Developing a team approach
0 Working from a shared vision,
shared agenda, and shared expectations
Are you interested in providing your city's flag to display at the League's
1991 Annual Conference? There will be a Parade of Flags the opening
day and we'd like your city flag to be included.
Flags should be mailed to Sue Norris, Mayor's Office, 2241st fivenue
S.W., Rochester MN 55902. All flags will be returned to cities.
If you have any questions regarding the Parade of Flags, please call
Darlyne Lang at the League office.■
Especially for staff
Employee Recognition
• Why develop a recognition
program?
0 Types of programs cities use
* Components of successful programs
0 Deciding what's best for your city
O Getting started
Tackling tough times
Timely Topic (to be determined)
Keeping current
Waste Processing Alternatives:
Recycling, Composting, Yard Waste
A SCORE update
• Developing markets
0 Funding recycling (if state eliminates
money) and creating incentives
0 Enforcement
Special focus
Challenges for Small Cities
0 Overview of key trends affecting
small cities (i.e. population declines,
limits on raising and spending money,
consolidation of schools, quality of
living)
• Facing the health care issue
Mayors' Association/Mini-
Conference Luncheon
12:30-2:00 p.m.
Brave New World of Public Policy
Richard D. Lamm, Professor and
Director, Center for Public Policy and
Contemporary Issues, University of
Denver. +
Circ MAY
20 1 MINNESOTA CRIES I APRIL 1991
CIN" N,�"q 10 '9 1
Concurrent Sessions VI
(choose one)
2:15-3:30 p.m.
Especially for policymakers
Sister City Programs
41 What is a sister city?
• Why have one?
0 Getting started
0 Fund raising
0 Benefits of having a sister city
Especially for staff
Hiring Contract Professionals for
Your City
0 How to write a good request for
proposal (RFP)
• Selection process
0 Preparing a contract
Tackling tough times
Balancing Office, Home, Work
0 Establishing priorities
• Managing time at home and office
• Common problems and how to deal
with them
0 Note: Presentation will be by a
panel composed of adults and children
from single -parent and two-parent
families.
Keeping current
Current Issues LMCIT
0 `'hat's new and what's in the works
at the League of Minnesota Cities
Insurance Trust
S Current risk management issues
Special focus
Grants for Small Cities
• Obtaining a grant is not as hard as
you think
9 Where's the money? Overview of
what's available (i.e. state and federal
programs, foundations)
a Close look at three specific programs
Taking the first step—how to begin
League Annual Meeting
3:45 p.m.
LMC Reception and
Banquet
6:30 p.m.
Friday,
June 14, 1991
Finale General Session
9:30 - 12:00 noon
Building Productive Relationships:
Personal and Professional
Dr. Andrea Molberg, Professional
speaker/trainer/lecturer
FAMILY AND SPECIAL ACTIVITIES, CONTINUED FROM PAGE 2
FAMILY ACTIVITIES
Tuesday, June 11
Golf Outing
1:00 P.M.
Golf outing at Soldier's Field Golf
course. Complimentary tickets for golf,
tennis, swimming and recreation center
will be available at the Rochester City
Desk (in the registration area) through-
out the conference.
Wednesday, June 12
Eye Opener on the Kahler
Mezzanine
7:30-8:30 a.m.
Start your day with Rochester's
friendly hospitality. Continental break-
fast served, compliments of your city
hosts.
Historic Homes Tours
9:30 a.m.
Travel by motorcoach to the beautiful
country home of Dr. Charles Mayo,
then to the city residence of Dr. Henry
Plummer, inventor and doctor of medi-
cine. See the beautiful Plummer Gar-
dens overlooking the city. Then on to
Rochester's beautiful Golf and Country
Club for a rrlemorable luncheon and
direct from the David Letterman show
"The Hat Lady." You won't want to
miss a look at the collection and hear
the history behind Alvina Sellar's 5,000
hats representing 56 countries, includ-
ing hats from Lady Di and Marlene
Dietrich. A fascinating collection shared
by a woman brimming with life.
Advance registration $15. Pick up tick-
ets at city desk when you arrive.
Thursday, June 13
Eye-opener on the Kahler Mezzanine
8:30-9:30 a.m.
Compliments of Rochester.
Luncheon
12:00 noon
Find out what's in your fashion forecast
for the future. Enjoy a delightful lunch-
eon in the ballroom of the Radisson
Hotel followed by a fashion show from
Centerplace Galleria. Win one of the
outstanding door prizes. Don't miss
this opportunity to mix and mingle, see
the latest fashions, and enjoy a relaxing
lunch. Advance registration $12.
1:30 p.m. Shop 'til you drop at Center -
place Galleria downtown Centerplace.
CHILDREN'S ACTIVITIES
Thursday, June 13
Rec Center
10:30 a.m.-3:00 p.m.
Mini bus will depart from the West
entrance of the Kahler Hotel for the
Rec Center. Kids can enjoy gym activi-
ties, ice skating, and swimming. Then
on to Shakey's Pizza for lunch and
entertainment. Back to the Rec Center
for more fun (bring your swimsuit) and
return to the Kahler by 3 p.m. Cost. $3.
Complimentary passes to city golf
courses, tennis courts, rec center, and
pools will be available at the Host City
desk throughout the conference.
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MINNESOTA CITIES / APRIL 1991 21
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May 6, 1991
Mr. James G. Willis
Manager, City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: City Project #106
Dear Mr. Willis,
i
On May 2, 1991 residents of the neighborhoods of Bass Lake Woods (55th Avenue), Bass Lake Heights 4th
Edition (54th Avenue) and the Meadows of Bass Lake Woods (50th Avenue) had the opportunity to review
preliminary plans for the construction of Northwest Boulevard from 56th Avenue to 54th Avenue North and
beyond. We have several concerns that we have expressed to the City Engineer as well as the outside
consulting engineer for this project. Those concerns were outlined in the attached memo.
As a result of this meetinq on May 2, we have contacted the Department of Natural Resources, the
Environmental (quality Board, the Department of Public Works for Hennepin County and The Army Corp of
Engineers. Several additional questions or concerns have arisen from the conversations with these state
agencies. These are:
* Why has an Environmental Impact Statement (EIS) not been completed for the total project from
Hennepin County Road #10 to County Road 119? Our understanding is that an EIS is required for a project
consisting of a new road four traffic lanes in width and two miles in length. Additionally, the total
project must be taken into consideration when evaluating the need for an EIS, not just segments of the
project completed in any one construction season.
* The City's consulting engineer indicated that Hennepin County requires an at grade crossing to be
at an angle of ninety degrees to the existing railroad tracks. Yet, Public Works Department officials of
Hennepin County are unaware of this requirement. This requirement was one of the reasons stated by the
City's consulting engineer for a separation of grade. (Hennepin County Road #10 near the junction of
County Road #81 in Crystal, Minnesota has an at grade crossing at an angle not equal to ninety degrees.)
* The Department of Natural Resouces has expressed concerns over the impact to the Upland habitat as
a result of the significant increase in elevation to the proposed Northwest Boulevard north of the
railroad tracks. Additonally, the DNR was unaware of the wetlands, pond and wildlife area north of the
railroad tracks and east of the proposed Northwest Boulevard. The wildlife manager, the wetlands manager
and an ecological specialist, at our request, will be touring these areas on Thursday May 9, 1991.
* Why has the City's Alternative AE, the most western route, following Old Medicine Lake Road, not
been more fully explored? This alternative by appearance has the least negative impact to the total
environment - people and wildlife. An EIS has the ability to evaluate significant environmental economic
and social effects and compare reasonable alternatives.
As a result of these concerns, a proposed bridge at an anticipated cost of $2 million dollars authorized
in the city's current budget according to the engineering department, as well as the information we were
able to obtain directly from the various agencies involved, we are in the process of evaluating Minnesota
Statute 116 B, the Environmental Rights Act. In addition, we have consulted legal counsel and are also
in the process of hirinq a real estate attorney.
1✓iNI MAY 10'91
Stemper / Barstad -- 2
We would like you to postpone City of Plymouth Project #106 until these concerns are addressed and the
total Northwest Boulevard project impact is assessed.
Sincerely,
?John. Stemper David A. Barstad
Representatives of Concerned Neighborhoods
cc Kim M. Bergman, Mayor, City of Plymouth, Md.
Carole Helliwell, Council Member, City of Plymouth, MJ.
Lloyd Ricker, Counicl Member, City of Plymouth, MN.
Maria VasiIiou, Council Member, City of Plymouth, MN.
Bob Zitur, Council Member, City of Plymouth, MN.
Fred G. Moore, Director of Public Works, City of Plymouth, MN.
Daniel L. Faulkner, Engineer, City of Plymouth, MN.
Gregg Downing, Environmental Quality Board, State of Minnesota.
Ceil Strauss, Area Hydrologist, Department of Natural Resouces, State of
Minnesota.
Tim Wallace, Area Wildlife Manager, Department of Natural Resouces, State
of Minnesota.
Wayne Barstad, Ecological Specialist, Department of Natural Resources,
State of Minnesota.
Frank Strgar, CEO, Consulting Engineering Firm of Strgar- Roscoe- Fausch,
Inc.
Residents of Bass Lake Woods, Bass Lake Heights 4th Edition and the
Meadows of Bass Lake Woods.
Attachment: May 2, 1491 Memo from Bass Lake Woods 4th Edition Homeowners
Association.
om VI V 1 F, `91
CIM MAY 117'91
Z ;;L. -
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 3, 1991
TO: d G. Moore, Director of Public Works
FROM: 'F Daniel L. Faulkner, City Engineer
SUBJECT: NORTHWEST BOULEVARD
56TH TO 54TH AVENUE
CITY PROJECT NO. 106
On Thursday, May 2, 1991 Jim Dvorak, with SRF, and I conducted a public
information meeting for the residents living in Bass Lake Woods and Bass
Lake Heights 4th Addition to discuss our proposed street improvement
project. Letters of invitation were sent out to all residents within
these two subdivisions. Of the 63 property owners who were contacted, 13
property owners were represented at the meeting. A total of 17 people
signed the attendance roster with one of these being from The Meadows of
Bass Lake Subdivision.
I am attaching a memo addressed to me from "several members of Bass Lake
Heights 4th Addition Homeowner's Association" which lists their concerns
and alternatives they would like us to consider. Nearly all of these
items were discussed at the meeting. The primary concern of the Bass Lake
Heights Homeowners is the proposed elevation of Northwest Boulevard
required if there is to be a bridge over the Soo Line Railroad tracks.
Their suggestion is that this be an "at -grade" crossing. They are also
concerned with the potential of through traffic through their neighborhood
between Pineview Lane and Northwest Boulevard. The additional noise and
pollution from future traffic was also an expressed concern and buffering
by the use of landscaping and berming would be requested.
The three homeowners nearest Northwest Boulevard are especially concerned
with how drainage will be properly handled and the overall economic impact
on their properties from the project as proposed. They feel strongly that
there was a change in City plans or improper building permit approval
given for the types of houses which were constructed on their lot.
It was explained to those in attendance that the proposed alignment and
grade separation at the railroad tracks has been supported by the City
Council as part of the EAW process currently under review by the DNR and
Army Corps of Engineers. We discussed the requirements of Hennepin County
regarding crossing of the railroad at an angle thereby requiring a grade
separation as well as avoidance of the wetlands to the maximum extent
possible to meet DNR requirements. This avoidance created the necessary
horizontal curves and the requisite angle across the railroad tracks. The
benefits of a grade separation for emergency access purposes as well as
continuous traffic flow along the "Arterial" street were also explained.
�• a_
SUBJECT: NORTHWEST BOULEVARD
May 3, 1991
Page Two
I did indicate that the City Council has not approved the construction
plans for Northwest Boulevard with the grade separation. We did fully
explain that the DNR, the Army Corps of Engineers, and Hennepin County all
play major roles in deciding on the grade separation issue. Based on the
current proposed alignment, Hennepin County is requiring a bridge. The
homeowners requested that I set up a meeting with these other parties in
order for them to talk directly to these people. I indicated this may
likely have to be a daytime meeting and they indicated this would be
acceptable with at least seven to ten days advance notice.
I will be sending copies of this memo to all persons in attendance at the
meeting per their request, and they also requested they be notified when
the plan approval for Northwest Boulevard is to go to City Council.
DLF:kh
attachment
cc: James G. Willis, City Manager
9
z -ate
.713 7
To: Daniel L. Faulkner, P.E. Date: May 2, 1991
Engineer, City of Plymouth, Minnesota
From: Several Members of Bass Lake Heights Fourth Edition Homeowners Assoc.
Subject: City Project 0106 - Juncture of Northwest Blvd and 54th Avenue
We have specific concerns with respect to the proposed juncturing of Northwest Boulevard and 54th Avenue
North in Plymouth, Minnesota. The concerns are about the proposed change in elevation to 54th Avenue,
which significantly alters surrounding topography and current drainage patterns established in 1987 when
building commenced in this neighborhood. As neighbors, we purchased our properties with the
understanding that when Northwest Boulevard did join 54th Avenue, it would be done at the present grade,
not with the proposed 7 to 9 foot rise in the existing cul-de-sac as you have indicated. This is evident
based on the permanent curb and gutter, storm sewer, water main, residential landscaping and fire hydrant
in place.
Our concerns with your present proposal include the following:
* Increased noise level.
* Decreased property values by making the road more visible.
* Improper drainage (We are aware of other problems with projects
of this nature in the City of Plymouth.)
* The extensive use of heavy equipment that would be required for a
project of this magnitude and its impact on existing foundations,
sheet rock and tile to the nearby residences.
* Other concerns exist surrounding the actual construction practices,
traffic patterns, and impact to private property.
* Will the morning helicopter traffic person recommend the use of
Northwest Boulevard as an alternate to Interstate 494?
We would like you to consider alternatives to the present plan, including but not limited to the
following:
1) Consider the termination of this year's progress of Northwest Boulevard at the parking lot
entrance to the proposed Bass Lake Playfield. Discuss a total City plan for Northwest Boulevard's
completion. This will eliminate a hazardous level of traffic through 54th Avenue while Northwest
Boulevard remains under constuction and incomplete.
2) Consideration of crossing the railroad tracks south of 54th Avenue at present grade. This may
significantly reduce the cost of the total project to the taxpayers of Plymouth. It may also help to
reduce the volume of traffic and noise level from Northwest Boulevard and keep it from becoming a
secondary Interstate 494. (Target and Rainbow store traffic.)
3) Consider a steeper grade to bridge Northwest Boulevard over the railroad tracks from 54th Avenue
to the proposed Schmidt Lake Road extension leaving the 54th Avenue cul-de-sac at the present grade.
4) Consider going under the existing railroad tracks.
7=0410�
Bass Lake Heights Fourth Edition - Page 2
We feel there are many related issues to also be discussed and resolved prior to any further progress of
Northwest Boulevard. These concerns are:
* If landscaping of homes is necessary who bears the cost and how will
you resolve disputes?
* If topography is changed, how will the City of Plywmth resolve a
drainge problem which could result in a wet basement?
e Discuss the environmental and wildlife impact.
At the present time it is our intent to consult a real estate legal expert concerning these issues.
Interested persons and creators of this document:
-David & Lanette Barstad 559-3837
-Douglas & Donna Becker 557-9125
-Alan & Vicky Hubei] 557-0218
-Jack & Sha Leahey 559-5733
Keith & Mary Pietsch 553-2830
John & Cindy Stemper 559-4071
Jerry & Judy Surprenant 559-2188
01" K", 161 '91
=; Qi
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 15, 1991
TO: Fred G. Moore, Director of Public Works
FROM: Daniel L. Faulkner, City Engineer
SUBJECT: NORTHWEST BOULEVARD
56TH TO 54TH AVENUE
CITY PROJECT NO. 106
Our preliminary schedule for this project indicated plan approval on May 21 with
a bid opening on June 12 and an award of contract on June 17. Following a public
information meeting on May 2 conducted by Jim Dvorak with Strgar-Roscoe-Fausch,
Inc. and me, the residents expressed concerns with our project and requested an
additional meeting with all parties involved in the decision of the roadway
location and alignment. Representatives of the concerned neighborhoods have,
subsequently, contacted several governmental agencies and have expressed their
concerns to Jim Willis in a May 6, 1991 letter.
qi�h t>>P has now been revised and we will not be requesting plan approval on
May 21. I have set up a subsequent meeting on Monday, May 20_a_t_2.00 m ire
at City Hall. Ceil Strauss, Area Hydrologist with the DNR, and Steve Theis with
Hennepin County Public Works, have confirmed their attendance at this meeting.
In addition, I have invited Tim Fell with the Army Corps of Engineers, but have
not received confirmation on his attendance. Jim Dvorak, our design engineer
with SRF will attend this meeting and he will contact MnDOT Rail Division
personnel to request their attendance. In addition, David Barstad,
representative of the concerned neighborhoods, has requested that I invite Len
Palek, Project Manager, MnDOT - I/35W/494 Corridor Management. I will discuss
Mr. Palek's involvement with these issues, and if appropriate, invite him to
attend. Mr. Barstad has indicated he will contact the residents from Bass Lake
Woods (55th Street), Bass Lake Heights 4th Addition (54th Street), and The
Meadows of Bass Lake (south of railroad tracks) and invite them to our Monday
meeting.
It should be noted that our engineer has made every effort to accommodate
environmental concerns and still meet minimum design standards. The issue of
Northwest Boulevard elevation at-34th—street -intersection has received
considerable attention from our engineer in an attempt to minimize the increase
in elevation from the current intersection elevation. By using special bridge
materials_iA-�uinimize t�ickiless- and using maximum_grades and ve �a%STry s --tom
_—
rise in elevation of Northwest Boulevard_at-.-the intersecti.an--p,oi-rpt .+f 5 - h Avenue
now approximately five feet. This appears to be sufficient to accommodate a
bridge over the Soo Line railroad tracks. The required grading on the western
most lots of Bass_1ake-die-ig11-s-._4t11. Addition would now be considerably less than
,previously envisioned. The drainage patterns on tFie lot a tFie northeast
quadrant of the 54th Avenue Norwe--thst-1o60 evard- ntersection will now remain as
it currently drains.
The Council Conference room is reserved for our Monday, May 21, 2:00 p.m.
meeting.
01; KV 1,,-- 191
DLF:kh
r Cry - Vf-\�-V-,
MAY 10, 1991
MRS MAYDAY MALONE
3445 CENTRAL PARK
BOSTON, MA 00192
QiV OF
PLYMOUTFt
RE: COMMUNICATION REQUARDING ZONING
3445 CENTRAL PARK (CHEERS BAR & GRILL
DEAR MAYDAY:
I want to thank you for bringing to our attention the situation cited
above. I have requested the ******************** department to
investigate the matter. Your request has been assigned Reference
# 91-00003.
You will receive a letter from my office after the investigation is
completed. If you have any further questions, please contact my
office at 550-5999.
Sincerely,
MARK J. AHMANN
PROGRAMMER/ANALYST
MJA:mja
CC: Sharon Reisinger-Werleman
Valetta Krisko
James G. Willis
Judy McMillin
Frank Boyles
Debra Luesse
MARK J. AHMANN
C11A MAY 16 '91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
MAY 10, 1991
MR CHUCK BERRY
3489 PLYMOUTH LANE SOUTH
PLYMOUTH, MN 55447
CIN OF
PLYMOUTFF
RE: COMMUNICATION REQUARDING REFUSE HAULER C
3489 PLYMOUTH LANE & 44TH ST SE CORNR
DEAR CHUCK:
On &&&&&&&&&&&&&&&&&&&, you contacted my office concerning the above
referenced subject matter. Your request was referred to the
Park Maintenance for investigation and response to
my office.
The investigation has been completed and I have been advised that:
If this matter has not been resolved satisfactorily, please feel free
to contact my office at 550-9999.
Sincerely,
James G. Willis
City Manager
JW: mja
CC: Jens Ahrens
Kelly Pudlick
MARK J. AHMANN
Debra Luesse
Sharon Reisinger-Werleman
Valetta Krisko
Judy McMillin
THIS COULD BE ANY CARBON COPY
NAME ENTERED IN THESE 2 SPOTS. CIM MAY 16'91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
.. ... ... ... .
ARK MAINTENANCE
*-T*fN A L -/-T- -R A F F I C - E N F 0 R -C-E-M E N T-------
0012 HIGHWAY 55 AND PLYMOUTH BLVD A. JOHNSON 04/30/91 0
0 -TA -L-.-- - - 1 .. A V E -R -A 6 E---T-I ME OPEN : - ---6.00 DAYS
--------------------------------------------------------------------------------
ERMIN
4927 33RD AVE N. FRONT OF GARAGE M. AHMANN 04/23/91 7
-0-G09-------3445 4TH --AVE -S-. -MORIS 04/25/91 -5
0008 3404 4TH AVE N. (ALLEY) S. MORIS 04/25/91 5
'-OTA-L-: ------- ----3--- --AV ERA G-ETI-ME--OPE-N: .-67--DA-YS -
--------------------------------------------------------------------------------
. .. .... .. ..
.XCESSIVE RENT
10011 3404 4TH AVE N. (ALLEY) S. MORIS 04/25/91 5
OTAL: 1 AVERAGE TIME OPEN: 28.00 DAYS
- — -------------------------- ---------------------------------------------------
,OT HOLES
000-4—--4-9-27 33RD--A-V-E---N-i--FRON-T--OF----GARA-GE-- - Mi - AHMANN ----- - 04/23191 7-
'OTAL: 1 AVERAGE TIME OPEN: 35.00 DAYS
--------------------------------------------------------------------------------
�AIT-E-,o, C 0 L-0 R - 0 D 0 R -Of- R-_ - ------ -
)0007 4545 3RD ST. N. P. SIMON 04/24/91 6
'OTAL: 1 AVERAGE TIME OPEN: 41.00 DAYS cim VlAy 16'91
�Gi
,4130/91
LIST OF
ALL CASES
A
1
RECEIVED BETWEEN 04/01/91
AND 04/3C/91_
DATE
DAYS
UMBER
----- -------------------------------------
LOCATION
--------------------
COMPLAINANT
RECEIVED
--------
OPEN
----
EGAL SERVICES
U-S-"MER'-SERVI C E
0006 4590 2ND
AVE NORTH
G.
BROWSER
04/24/91
6
0 -T -A -L—,
-------------------------------------------------------------------------------
A V E R-AGE--T--I-Mt-0PEN 6 0 0
D -A Y
UMMARY FOR LEGAL
SERVICES
CTI-VE
NRESOLVED:
0
0 T -A -L-: -
-1-''-AVERAGE-TIME OPEN:
6.00
DAYS
.. ... ... ... .
ARK MAINTENANCE
*-T*fN A L -/-T- -R A F F I C - E N F 0 R -C-E-M E N T-------
0012 HIGHWAY 55 AND PLYMOUTH BLVD A. JOHNSON 04/30/91 0
0 -TA -L-.-- - - 1 .. A V E -R -A 6 E---T-I ME OPEN : - ---6.00 DAYS
--------------------------------------------------------------------------------
ERMIN
4927 33RD AVE N. FRONT OF GARAGE M. AHMANN 04/23/91 7
-0-G09-------3445 4TH --AVE -S-. -MORIS 04/25/91 -5
0008 3404 4TH AVE N. (ALLEY) S. MORIS 04/25/91 5
'-OTA-L-: ------- ----3--- --AV ERA G-ETI-ME--OPE-N: .-67--DA-YS -
--------------------------------------------------------------------------------
. .. .... .. ..
.XCESSIVE RENT
10011 3404 4TH AVE N. (ALLEY) S. MORIS 04/25/91 5
OTAL: 1 AVERAGE TIME OPEN: 28.00 DAYS
- — -------------------------- ---------------------------------------------------
,OT HOLES
000-4—--4-9-27 33RD--A-V-E---N-i--FRON-T--OF----GARA-GE-- - Mi - AHMANN ----- - 04/23191 7-
'OTAL: 1 AVERAGE TIME OPEN: 35.00 DAYS
--------------------------------------------------------------------------------
�AIT-E-,o, C 0 L-0 R - 0 D 0 R -Of- R-_ - ------ -
)0007 4545 3RD ST. N. P. SIMON 04/24/91 6
'OTAL: 1 AVERAGE TIME OPEN: 41.00 DAYS cim VlAy 16'91
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MEMORANDUM
TO: Frank Boyles
'/IIA
FROM: Steve Mahowald
DATE: May 8, 1991
=-. C'
SUBJECT: Route 92 -Proposed Routings and Schedule Changes for
September 30, 1991
Attached are the proposed September routing and schedule changes for Route 92.
The schedule and routings were developed based on the information presented in
my March 16, 1991 to you.
YLT�r�'
A brief description of the changes by route follows. You may wish to refer to
the March 16th memo for more details.
Route 92A
Referring to Map #1 you will see that the tail end of the route is changed to cover
the 32nd & Ranchview area while the section along 34th & Harbor is dropped.
Our trail checks showed only one person going north of 28th on the present
route. In addition, the tabulation and mapping of employment sites of over 50
employees showed that there were several in the area of 32nd & Ranchview and
only one in the 34th '& Harbor area. The one employee using the current 92A to
go to Harbor & Fembrook will be covered by the proposed rerouting of the 92C
which is shown later on Map #3.
As shown on Table #1, a morning trip for a 7:00am work start is added to the
92A while the last morning trip which gets out into this area after 8:00am is
dropped. As noted in the March 16th memo, the survey of work start times
showed a strong 7:00am start, thus the adding of the 7:00am trip. Also noted was
the extremely weak ridership and potential market on the trip proposed to be cut.
,fl
-
SUBJECT: Route 92 -Proposed Routings and Schedule Changes for
September 30, 1991
Attached are the proposed September routing and schedule changes for Route 92.
The schedule and routings were developed based on the information presented in
my March 16, 1991 to you.
YLT�r�'
A brief description of the changes by route follows. You may wish to refer to
the March 16th memo for more details.
Route 92A
Referring to Map #1 you will see that the tail end of the route is changed to cover
the 32nd & Ranchview area while the section along 34th & Harbor is dropped.
Our trail checks showed only one person going north of 28th on the present
route. In addition, the tabulation and mapping of employment sites of over 50
employees showed that there were several in the area of 32nd & Ranchview and
only one in the 34th '& Harbor area. The one employee using the current 92A to
go to Harbor & Fembrook will be covered by the proposed rerouting of the 92C
which is shown later on Map #3.
As shown on Table #1, a morning trip for a 7:00am work start is added to the
92A while the last morning trip which gets out into this area after 8:00am is
dropped. As noted in the March 16th memo, the survey of work start times
showed a strong 7:00am start, thus the adding of the 7:00am trip. Also noted was
the extremely weak ridership and potential market on the trip proposed to be cut.
a T
Frank Boyles
May 8, 1991
Page Two
In the afternoon a trip is added for the 3:30pm work break which the survey
showed to be the strongest of the afternoon breaks.
As indicated by Map #2, there is no proposed change in routing.
A 7:00am trip is added for the 7:00am work start, likewise a trip for the 3:30pm
work break -please refer to Table #1.
As shown on Map #3 the routing is changed to cover Honeywell, the Harbor &
Fembrook stop, and Xenium south of Highway 55. The section of Northwest
Boulevard north of Xenium is dropped. The ridership checks showed no one
boarding or getting off along this section of Northwest Boulevard. The 92s are
currently going off route to bring passengers to Honeywell, thus its inclusion. In
addition, the 92C is currently running off route to bring a passenger to the
section of Xenium south of Highway 55, thus its inclusion. You will recall that
no one is currently using the service to get to Campus Drive, however a major
employer with a large 7:00am work start, Prudential, is located on Campus
Drive. Thus this section is retained.
Trips for the 7:00am work start and 3:30pm work break are added. The present
trip which gets out into this area after 8:00am is dropped due to extremely low
ridership and the weak potential market. Also, please note that Campus Drive is
not served by all Route 92C trips. This is both because of the fact that there is
not enough time to run the entire route other than on the first morning and
afternoon trips and the fact that there are no riders using existing scheduled trips
to this section of the route. In our most recent conversations, we have discussed
the possibility of adding an additional afternoon trip which would serve the
3:00pm Prudential work break. I have not yet heard back from Prudential
regarding their survey of potential riders.
Cum 1 i�+
'i '91
i_ ir
Frank Boyles
May 8, 1991
Page Three
As shown on Map #4, the route is extended to 13th Avenue. As noted in the
March memo there are a group of employers in this area that we are currently
missing. With the routing of the 92D into this area we would want to drop the
current 93H service to the Honeywell plant at 10th & Nathan.
A 7:00am trip is added for the 7:00am work start, likewise a trip for the 3:30pm
work break -please refer to Table #1.
Based on a preliminary analysis, these proposed changes would add
approximately 40.15 revenue miles and 2.17 revenue hours.
Please feel free to call me if you should have any questions.
cc: Steve Jaeger
0"A tQ 10 91
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91
?, T3 C SE 1
S. S
REGIONAL TRANSIT BOARD
Mears Park Centre
230 East Fifth Street, St. Paul, Minnesota 55101
612/292-8789
DATE: May 1, 1991
TO: Frank Boyles, City of Plymouth'AY .:
FROM: Len Simich, Senior Project Manager
SUBJECT: Up -Dated TDM Work Program
i
PROGRAM OBJECTIVES:
The major objective for the TDM/Reverse Commute program is to improve the
effectiveness of the Route 92 reverse commute service and to develop additional
Travel Demand Management strategies for both the city and employers located within
the city to undertake that increases transit and rideshare use. The strategies will help
businesses attract new employees, provide commute options for the existing work
force and enable the city to moderate traffic congestion as well as contribute to the
environmental well-being of the metropolitan area.
WORKPLAN:
1. Productivity of existing transit services and rideshare programs will be analyzed
and examined by the providers and submitted to the City by March 18.
(COMPLETED)
2. By March 11, the MTC will complete a phone survey of all the major employers
located in the city (employers with 50 or more employees) who could be served
by the Route 92 reverse commute. The survey will be undertaken to determine
the start and stop times for each place of employment and to see if the business
would be willing disseminate marketing material about Route 90 to their
employees. Analysis of the survey will be provided to the City and RTB by
March 18. (COMPLETED)
3. By May 8, the MTC will provide recommendations on the first two steps
above.
4. By June 15, the City will respond to the proposed service adjustments to be
incorporated in the September driver pick for actual implementation on
September 28.
5. Assato Brown of the RTB will research any possible reverse commute possibilities
with the Mpls. Jobseeker agencies. She will also develop any informational or
marketing piece for the JS agencies.
6. Possible marketing efforts will developed jointly between the MTC, RTB and City
for the reverse commute service by July 1.
The RTB will put together a letter for City endorsement that will be sent out
identified employers in close proximity to the transit service. The letter will ask the
employer to be involved in promoting the transit service as well as allowing a
transportation survey to be conducted by MNRS and the RTB. The letter will be
submitted to the City for their review by May 8.
8. The RTB and Minnesota Rideshare (MnRs) will develop a TDM survey to be
administered to the targeted businesses. The survey will provide travel behavior
information as well as provide an insight of how employees would support
various TDM measures. The survey will be submitted to the City for their review by
May 8.
9. Site specific plans outlining the strategies with the greatest potential for success
that fit within establish budgets will be developed by the RTB, MnRs, and
participating employers. Examples of strategies include:
• Rides matching
• Preferential carpool parking
• Subsidized van pools
• Subsidized transit passes
• Guarantied ride home programs
• Variable work hours
• Transit options
• On-site transportation coordinators
• Parking management strategies
• Employer fleet options
• Telecommuting
10. Budgets and marketing tactics to carry out the TDM strategies will be developed
jointly between the RTB, MnRs, the City and participating employer or TMO.
11. The RTB, MnRs and the City will determine what organizational arrangements for
travel management can be developed within a sample of large employers or
large multi-employer buildings. The possibility of establishing a Transportation
Management Organization UMO) will be analyzed.
12. The RTB and MnRs will develop evaluation procedures to monitor the
effectiveness of the established TDM programs.
CC: Dave Jacobson, RTB
Assata Brown, RTB
Ed Kouneski, RTB
Steve Jaeger, MTC
Steve Mahowald, MTC
=-4w
��"Ata`+ 1( 9
May 15, 1991
PCITVF
PUMOUTR
TO: Employers/CEO's in Plymouth
SUBJECT: TRAVEL DEMAND MANAGEMENT PROGRAM
Your help is needed to improve transit opportunities in Plymouth.
Since 1983 the City of Plymouth has provided transportation to and
from businesses in Plymouth to downtown Minneapolis under the auspices
of our Plymouth Metrolink program. We are in the process now of
increasing ridership by ensuring that our service better serves you as
a businessperson and employer in Plymouth. We will soon be supplying
you with Metrolink schedules which we hope you will distribute to your
employees.
But more needs to be done! That's where you come in. The City has
initiated a Travel Demand Management Program. Through this program,
we hope to enlist your help as a businessperson and employer in
Plymouth to help us reduce the number of vehicles on the roadway. The
Travel Demand Management Program will include a needs assessment of
employers in the community. The needs assessment will utilize a
survey of employees and an evaluation of peak period travel patterns
throughout the community to determine what measures might be most
effective in reducing the number of vehicles on the roadway.
Carpooling, vanpooling, telecommuting, biking and walking are other
modes of transit which can be encouraged by employers so that together
we can achieve our mutual goal of an effective transportation system.
You're a key actor in the Travel Demand Management Program. We need
your cooperation in this effort. So when a member of our Travel
Demand Management team contacts you, please be willing to give a few
minutes of your time to learn more about this important effort.
Working together, we can do much to alleviate the severity of
congestion anticipated on our metropolitan area roadways.
Our Travel Demand Management team includes Dave Jacobson, Regional
Transit Board, 229-2713; Steve Mahowald, Metropolitan Transit
Commission, 349-7775; Judy Orchard, Minnesota Rideshare, 349-7532;
Frank Boyles, City of Plymouth, 550-5013.
If you have any questions or concerns, please feel free to contact one
of these individuals.
Sincerely,
Kim M. Bergman
Mayor
' 90
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 5544 .TELEPHONE (612) 550-5000
MURNANE, CONLIN, WHITE, BRANDT & HOFFMAN
Dear Judge Duffy:
Pursuant to your request of May 1, 1991, we are enclosing and hand
delivering the Memorandum of Law of the defendant, City of
Plymouth.
Thank you.
Yours very ly
t�MaY3lS�j �_
Barbara R. Hatch `} Cij'�rr, f;rr, n
BRH:sm
cc: Mr. David A. Anderson
cc: Mr. Mark C. McCullough
HAND DELIVERED
bcc:
ATTORNEYS AT LAW
James G. Willis
THOMAS M. CONLIN •
1800 MERITOR TOWER
JAMES F. BALDWIN
ROBERT W. MURNANE
444 CEDAR STREET
C TODD KOEBELE
ROBERT T. WHITE
Ms.
BARBARA R. HATCH
JOHN E. BRANDT •
SAINT PAUL, MINNESOTA 55101
MICHAEL P. TTERNEY
JOHN R. HOFFMAN •
TELEPHONE (612) 227-9411
M. SUSAN BURNS
JOHN D. HIRTE
JOHN R. SHOEMAKER
STEVEN J. KIRSCH
SFEPHEN I. RONDESfVEDT
LAWRENCE R. KING •
TELECOPIER (612) 223-5199
DANIEL A. HAWS -
ANDREW T. SHERN
WILLIAM L. MORAN
MICHAEL S. RYAN •
CYNTHIA E. CORNELHIS
SUSAN D. HALL'
HAND DELIVERED
THERESE M. PAUTZ
MICHELE D. SEEHAFER
THOMAS A. GIWGAN. JR.
May 10, 1991
PAUL D. PETERSON
STEPHEN E. OTTO
-
PATRICK M. RYAN
DAVID C. ANASfASI
Honorable David M. Duffy
DANIEL J. TRUDEAU
Judge of District Court
PA RICK.
MATTHEWS-
Hennepin County Courthouse
JOEL D. HEDBERG
1251 County Government
Center
-ALSO ADMITTED IN WISCONSIN
Minneapolis, MN 55487
ALSO ADMITTED IN
OKLAHOMA AND NEM MEXICO
E WfLLARD MURNANE
Re: League of Plymouth
Voters, et al v City of Plymouth
1
Case No. 91-3190
CHARLES RR. MU MURNANE
(1913-1982)
Our File No. 35488
,
Dear Judge Duffy:
Pursuant to your request of May 1, 1991, we are enclosing and hand
delivering the Memorandum of Law of the defendant, City of
Plymouth.
Thank you.
Yours very ly
t�MaY3lS�j �_
Barbara R. Hatch `} Cij'�rr, f;rr, n
BRH:sm
cc: Mr. David A. Anderson
cc: Mr. Mark C. McCullough
HAND DELIVERED
bcc:
Mr.
James G. Willis
bcc:
Mr.
Bob Pemberton
bcc:
Mr.
James Thomson, Jr.
bcc:
Ms.
Carla Heyl
bcc:
Mr.
Robert Weisbrod
bcc:
Mr.
Doug Gronli
Your Insured: City of Plymouth
GAB File No. 56509-00624
CELEBRATING YEARS OF LEGAL SERVICE
i 1gj
�'jf� IJr1 1 ^:
STATE OF MINNESOTA
_ort4O
OTHER CIVIL
DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
-----------------------------------------------------------------
League of Plymouth Voters, Case No. 91-3190
a non-profit corporation, and
Patty Johnston,
Plaintiffs,
V. MEMORANDUM OF LAA OF DEFENDANT
CITY OF PLYMOUTH
City of Plymouth, a municipal
corporation,
Defendant.
INTRODUCTION
This Memorandum is intended to address the Court's recent
request for additional information to assist in its determination
of the Motions for Summary Judgment brought by the plaintiffs and
the defendant in this litigation. It is our understanding that the
inquiries posed by the Court to both parties are as follows:
1. Are there underlying political disputes in the City
of Plymouth which relate to the political climate
of the City?
2. What is the legislative history or other
explanation for the distinction between statutory
and home rule charter cities?
I. Political Climate in Plymouth
The political climate in the City of Plymouth is not unlike
the political climate which exist in many cities across the state.
In the City of Plymouth, as in other cities, differences of opinion
arise among the citizens regarding issues which concern the
community. Likewise, in Plymouth as in other cities, there exist
16'91
at times differences of opinion among members of the city council
regarding various issues presented for the council's consideration.
For example, one issue which has been the subject of
significant controversy in the City has been whether to build a
community center.l During 1989, the city council was proceeding
with plans to build such a center. In the November 1989 election
two incumbents (Mayor Virgil Schneider and Councilmember Jerry
Sisk) who supported the building of a community center were
defeated by Kim Bergman and Carole Helliwell, both of whom opposed
the building of a community center. Another incumbent, Council -
member Maria Vasiliou, was re-elected in the November 1989
election.
The results of the November 1989 election were perceived by
the city council that the residents of the City who voted in the
November 1989 election opposed the community center (23% of the
registered voters in the City voted in the election). Consequently,
on November 9, 1989, the City Council unanimously suspended any
further consideration of building the community center.
It was within this political climate that the Plymouth City
Manager responded to a request by the city council to suggest cost
savings in the 1991 budget. One of his suggestions was that the
City alter its election schedule from an odd to even year plan. He
1 Although the community center is not the only issue in
the City of Plymouth, it has been a major subject of discussion.
In fact, the plaintiffs in this lawsuit referenced this issue in
the League of Plymouth Voters Suggested Guidelines for Distributing
the Petition, a copy of which is attached hereto as Exhibit 111"
(The Guidelines erroneously state that Councilmember Helliwell
supported the community center.)
2
VA W1 16,91
advised the council that this transition would increase voter
turnout and save the city annually an estimated $22,400, a savings
which was expected to escalate in the future. The City Manager
further advised that this transition, and related cost savings,
could be accomplished by postponing the next two odd year elections
(1991 and 1993) one year. The terms of the then sitting city
council members would therefore be extended one year to accommodate
this transition to even year elections. (See Minutes of the
December 17, 1990 Regular Council meeting, attached hereto as
Exhibit 11211.)
A difference of opinion arose among the Plymouth city council
members in response to this proposal. Three of the city council
members, Carole Helliwell (whose term expires in 1993), Lloyd
Ricker and Robert Zitur (whose terms expire in 1991), were in favor
of altering the election schedule from odd to even years. They
were also in favor of accomplishing this transition by extending
the council members' terms by one year in order to avoid the
expense of elections in 1991 and 1993. The remaining council
member, Maria Vasiliou (whose term expires in 1993), and the Mayor,
Kim Bergman (whose term expires in 1991), opposed this proposal.
The issue of.whether to extend council members' terms became
a hotly -contested issue on the city council. (See Exhibit 11311,
which is an advertisement placed in the local Plymouth newspaper
and the Minneapolis Star and Tribune.) Ultimately, a majority of
the city council was in favor of changing from odd to even years,
3
'91
=- V
and to do so by extending existing terms. Therefore Ordinance 90-
41 was adopted.
Although there continues to be differences of opinion among
the members, the majority of the Plymouth city council remains in
favor of Ordinance 90-41. As such, the city council has declined
the request made by the plaintiffs in this litigation to repeal
this Ordinance. Furthermore, the city council has rejected the
plaintiffs' request that the council disregard the limits of its
statutory authority and hold a special election on the issue of
altering the city's election plan.
Without question, the issue of whether the Plymouth city
council was correct in its evaluation of the merits of this
transition from odd to even year elections, and in how this
transition was to be accomplished, has now become the subject of
political controversy in the city. The political differences of
opinion which may currently exist, or which may have occurred in
the past, however, are not determinative of the issues presented in
this litigation. The issues presented in this litigation are
whether Minn. Stat. §205.07, which permitted the City to alter its
election year by extending the council members' terms, and Minn.
Stat. §205.10, which prohibited the City from holding a special
election on the issue, are constitutional. As no one disputes that
the City of Plymouth acted in accordance with these statutes when
it passed Ordinance 90-41, the political climate in the City,
either before or after the Ordinance was passed, is not decisive.
2
cjirL I�, 4` 16'91
y V
Under our system of government, the Plymouth city council is
required to act within the scope of the powers delegated to it and
in accordance with the statutes of the state. Whether its
decisions are wise or in the best interests of residents is a
matter that the voters of the City will ultimately decide. With
regard to the issues presented in this litigation the council has
acted within and pursuant to its delegated authority. Rational and
well reasoned support exists for the actions taken by the Plymouth
city council, including but not limited to a desire to increase
voter participation and an annual savings of $22,400.
It is left to the court to determine whether the statutes
passed by the Minnesota legislature, under which the City of
Plymouth acted, are constitutional. The separate political issue
of whether the voters in the City of Plymouth agree or disagree
with the merits of the actions taken by the majority of the city
council, will ultimately be determined through the democratic
process.
II. The Statutory City vs. Charter City Distinction
In Minnesota, the legislature acting under Article XII of the
state constitution has established provisions for different forms
of municipal government. Included within these different forms of
municipal government are statutory and charter cities. In addition
the legislature has established different "Classes" of cities based
on population which apply to both statutory and charter cities and
different "Plans" or forms of government for statutory cities. The
gpN
reason for these distinctions between cities is to accommodate the
unique needs of cities differently situated.
Home rule charter cities are authorized under Article XII,
Sections 4 and 5 of the Minnesota Constitution. Their organization
and powers are governed by Minn. Stats., Chapter 410 (1990).
Charter cities have all the powers that could be conferred on them
by the legislature, with the exception of those powers expressly or
impliedly withheld. City of Minneapolis v. Erickson, 157 Minn.
200, 195 N.W. 919 (1923). As such, the charter city's charter
sets forth in detail the provisions governing the city on matters
not preempted by state law. City charters typically prescribe such
things as the size of the governing body, the form of government,
the time and conduct of elections, wards or at -large officeholders,
internal financing mechanisms and subordinate or independent boards
of commissioners. It should be noted that many city charters
contain provisions for initiative and referendum, procedures by
which the voters of the city may initiate legislation or submit
council decisions to voter approval. No such authority exists for
statutory cities. Referenda, either direct or reverse by way of
petition, are required for any amendment to a city charter. Thus,
the voters of a charter city vote directly on issues affecting the
fundamental organization of the city.
The organization of statutory cities, on the other hand, is
governed by Minn. Stats., Chapter 412 (1990). Statutory cities
have only the powers expressly granted to them by the legislature
or necessarily implied from such granted powers. Welsh v. City of
3
ko
Cut 9116,91
- to
Orono, 355 N.W.2d 117 (Minn. 1984). Therefore, statutory cities
may not act on particular issues unless specifically authorized to
do so by the law. The legislature has determined that special
elections may only be conducted in statutory cities regarding
issues on which the voters are authorized by law to pass judgment,
and the voters in statutory cities must leave the remaining issues
to their elected governing bodies for determination.
Recognizing the fundamental differences and reasonable
distinction between charter and statutory cities, the legislature
has on occasion adopted differing legislation to address issues in
these two types of cities. Specifically with regard to the issue
presented in this case, the legislature has determined that
transitions in election years in charter cities must be
accomplished through a charter amendment or under Minn. Stat.
§205.20. This determination is consistent with the principle that
any amendment to a charter city's charter may only be accomplished
by voter approval through a referendum or reverse referendum. In
statutory cities, on the other hand, the legislature has determined
that a transition in an election year is the type of determination
that should consistently be left to the judgment of the statutory
city's governing body.2
The decision of whether a particular city will be organized as
a statutory or charter city is left to the citizens of that city.
2 The legislature is currently considering an amendment to
Minn. Stat. §205.07 which would permit a reverse referendum in
statutory cities. This amendment would be virtually identical to
the reverse referendum provision in Minn. Stat. §205.20 for charter
cities. (See Exhibit 11411)
7
CIM PRII 16 '91
=- Lo
In the event the citizens of a statutory city, for example,
determine that they would like their city to become a charter city,
the procedure for this transition is set forth under Minn. Stat.
§410.05. The voters may also change from a charter city to a
statutory city. Thus, the legislature has given the voters in
ever cit the right to choose the
Y Y g type of city that suits their
particular needs.
The City of Plymouth is a statutory city. As such the city
council's authority is limited to that expressly delegated to it by
the legislature. If the majority of voters in Plymouth determine
that they would prefer to be governed as a charter city, the
statutes provide the mechanism through which the voters may
accomplish this change. This process has in fact begun in
Plymouth. On March 18, 1991 the City Council unanimously decided
to reactivate the City's charter commission and advertise for
interested applicants. (See Exhibit 11511.) The City Council is
currently in the process of reviewing those applications.
CONCLUSION
The foregoing Memorandum is submitted pursuant to the court's
request for additional information regarding the issues presented
in the parties' cross motions for summary judgment. For the
reasons stated in this memorandum, as well as for the reason
addressed in our earlier submissions, defendant City of Plymouth
requests that this court grant its motion for summary judgment and
deny the plaintiff's motion for summary judgment in all respects.
8
rIM V`:k`' 16'91
Dated this 10th day of May, 1991.
MURNANE, CONLIN, WHITE, BRANDT
& HOFFMAN
By: Barbara R. Hatch 0175778
Lawrence R. King 155827
Attorneys for Defendant
1800 Meritor Tower
St. Paul, Minnesota 55101
(612) 227-9411
01
= ko
Circ MAY 16'91
M- d; J#
f • �x� f •t :�:
1. Quickly and simply identify who you are and what the League
of Plymouth Voters is (i.e. the League is a non-partisan, broad-
based group of concerned Plymouth voters who are outraged at the
conduct of certain members of our city government).
MAKE IT KNOWN AT THE OUTSET THAT YOU YM NOT SEEKING MONEY.
2. Explain why you are there (i.e. that you would like this
person's assistance in simply signing a petition - nothing more).
3. Briefly explain in common sense terms what the petition is
(e.g. this is a petition which seeks to restore our right to vote
in the November 5, 1991 city election).
4. If you meet with some resistance, provide the person with a
copy of recent newspaper articles documenting the irrational
Conduct of certain city council members. [Note: it might be
helpful at this point to inform the person you are talking with
that it is the same three city council members (Zitur, Ricker,
and Helliwell) who are in favor of building the $12 million
community center and who have now voted to extend their terms of
office another year.]
MARE IT VERY CLEAR THAT THIS CONDUCT IS AGAINST THE OVERWHELMING
WEIGHT, OF OPINION OF PLYMOUTH TAXPAYERS/VOTERS AND THIS PETITION
XS THE FIRST STEP IN RESTORING OUR VOICE IN CITY GOVEPI M$NT.
5. If further resistance is met and/or the person indicates
he/she does not want to sign the petition, thank that person for
their time and Leave promptly. Do not attempt to argue with the
person or make any other type of comment.
6. If the person wants to sign the petition, MAR$ SURD TO
ASCERTAIN THAT THIS PERSON 10 A REGISTERED VOTER IN THE CITY OF
PLYMOUTH (i.e. did this person vote in either the 19$9 or 1990
elections). If so, have the personrp int their name, address and
Phone number on the petition, followed by their signature.
Remember:only the individual voter can sign the petition,
husbands can't sign for their wives, vice versa, etc. However,
if both a husband and wife is home at the time the petition is
Presented, then each person can sign their name to the petition
if a registered voter!
ciM MA's 1 F '91
EXHIBIT "1"
'• Ctt� JAA . ' ; �
7. It the person displays enthusiastic interest or support in
the petition or what the League of Plymouth Voters is doing,
provide them with a membership/mailing list application and
invite them to our next meeting.
ci,,t,1")'91
CS'M JaNI 1 •i
MINUTES
REGULAR COUNCIL MEETING
DECEMBER 17, 1990
The regular meeting of the Plymouth City Council
was called to order by Mayor Bergman at 7:00 p.m.
in the Council Chambers of the City Center, 3400
Plymouth Blvd., on December 17, 1990.
PRESENT: Mayor Bergman, Councilmembers
Helliwell, Ricker, Vasiliou, Zitur
ABSENT: None
STAFF PRESENT: City Manager Willis, Assistant
Manager Boyles, Community Development Director
Tremere, Public Works Director Moore, Public
Safety Director Carlquist, Finance Director Hahn,
City Attorney Thomson, and City Clerk Rauenhorst
Mayor Bergman asked that residents remember Invocation
Recycling Coordinator Dick Pouliot who is Item 2
recovering from a heart attack during the silent
invocation.
Mayor Bergman read the procedures for the Council
meeting.
MOTION was made by Councilmember Vasiliou, Consent Agenda
seconded by Councilmember Zitur, to approve the Item 4
Consent Agenda.
Motion carried on a roll call vote, five ayes.
MOTION was made by Councilmember Vasiliou, Minutes
seconded by Councilmember Zitur, to approve the Item *5
minutes of the special council meeting of
December 10.and the budget hearing meeting of
December 11, 1990.
Motion carried on a roll call vote, five ayes.
EXHIBIT "2"
CSM Mp`;
Regular Council Mr ting
December 17, 1990 T'
Page 522
Mayor Bergman closed the public hearing at 7:18
p.m.
MOTION was made by Councilmember Ricker, seconded
by Councilmember Zitur, to defer consideration of
this item until Item 7-E is discussed.
Motion carried, five ayes.
Manager Willis presented a report on the City City Council
Council election schedule. He stated that in Election Schedule
response to Council direction to provide Item 7-A
recommendations for possible'savings in the 1991
budget, he had recommended -that the Council may
wish to consider changing the current election
schedule from odd years to even years during
budget considerations. This savings would result
in an annual savings of about $22,4001 which
would escalate over time.
He suggested a number of options that the Council
could consider: Retain the existing system;
Extend Mayor and Councilmember terms by one year
to implement an even -year schedule; Examine other
alternatives available to implement an even -year
schedule; and Determine what, if any, additional
process should be used to obtain public input.
Wallace Anderson, 3595 Underwood Lane, urged the
Council to leave the election on the odd -year
schedule. He stated the savings could be found
elsewhere in the budget.
Larry Geyerman, 10400 49th Avenue North, stated
he doesn't know the positions of individual
Councilmembers on this issue. He agreed that the
cost savings and higher voter turnout attained
with an even -year schedule is desirable; however,
he noted several negative aspects of a change.
Mr. Geyerman stated the Council would be taking
away the residents right to vote by extending
terms. An even -year local election could cause
issues and candidates to be confused with those
on the federal, state, and county level. He
stated that in Fridley and Brooklyn Park an even -
year schedule was achieved by changing to three-
year terms. He suggested that a change be
considered after the 1991 election.
e
cite vV 16'91
Regular Council MF ting
December 17, 1990
Page 523
David Austin, 3905 Glacier Lane, agreed with the
concept of three-year terms. He criticized some
Councilmembers for being "willing to spend $11
million on a community center that was supported
by 30 percent of the population of Plymouth." He
stated that Councilmembers supporting a change to
extend terms will not be supported in the next
election. Mr. Austin stated Councilmember
Helliwell's voting record has not been consistent
with her campaign promise to be representative of
the citizens.
Phil Wencl, 3900 Glacier Place North, stated that
the last several months there seems to be a clash
of personalities among the Councilmembers. He
stated that saving money is not the issue. If it
were the issue, the Council could have made a
change to shorten terms early in 1990 so the
local election could have been moved up to
November, 1990. He encouraged Councilmembers to
"leave their personal biases at home" and take
care of the business of running the City.
Richard A. Martin, 2650 East Medicine Lake Blvd.,
stated he agrees with the previous speakers and
is ashamed that Councilmember Zitur is on the
Council.
Kathy Loehr, 4570 Glacier Lane, stated the
Council should remember that the citizens are the
customer and the City is a customer service
business.
Norbert Herby, 3430 East Medicine Lake Blvd.,
stated that $22,400 is a small savings, and a
fraction of the 4 percent salary increase
budgeted for employees. He supported the concept
of three-year terms.
Marion Bohnsack, 330 Zinnia Lane, stated city
government is the place where citizens can
participate and have the greatest impact. She
opposed changing to even -year elections because
the issues and candidates will be "lost" among a
long ballot of federal, state, and county
offices.
=' V
c,,".1 �nw 16'91
Regular Council Mee" ng
December 17, 1990
'Page 524
Bob Held, 18530 34th Avenue North, stated he
would like local elections to remain in odd -
numbered years. He stated a fast-growing City
like Plymouth has important issues that should
not get "lost" with state/national issues. He
encouraged the Council to continue with their
team -building training after this issue is
decided because "we have a City to run."
Patty Johnston, 13040 38th Avenue North, asked
how Councilmember Helliwell stands on the
community center issue. Councilmember Helliwell
responded that she would make her comments when
the discussion was finished.
Ms. Johnston noted that Councilmember Zitur had
been quoted in the newspaper as saying that even
if the Council wanted to build a community
center, there is no longer enough money.
Councilmember Zitur stated his comments related
to the fact that the funds previously allocated
to a community center, in his opinion, have since
been allocated to a public safety building.
Mayor Bergman stated there was not only money for
a community center, but for a public safety
building, public works building, and for
infrastructure replacement.
Ms. Johnston stated the City Attorney's
information that the citizens couldn't vote on
the community center issue because it came out of
a special fund was incorrect.
Ken Neutgens, 14407 County Road 6, stated
Councilmember Ricker has not answered letters he
sent in the past. The citizens need
councilmembers that will respond.
Tom Stenoien, 10510 49th Avenue North, stated the
right to vote is essential. He stated the cost
savings is small and citizens want to vote in
1991.
Bill Jackson, 4130 Upland Lane, stated local
elections should be kept in odd -numbered years,
otherwise local issues will become overrun by
national issues. He stated he did not believe
there would be a cost savings of $22,400. If
=_ LO
a Y 1,1,Py 16,91
Regular Council Meet''ng
December 17, 1990
Page 525
there was such a cost savings, he stated the
savings to residents would be 25� per capita per
year. He agreed there was some advantage to a
greater turnout in even -numbered years. Mr.
Jackson stated he is not opposed to eventually
changing to even years; however, he wants to vote
next year on three members of the Council. He
suggested extending the terms of Councilmember
Vasiliou and Helliwell by one year; thereby
achieving an even year schedule by 1994. -~
Mr. Jackson hoped there will be significant
improvement in the relationships among
Councilmembers. He stated there is currently a
block of two and a block of three, and he would
like to see all five Councilmembers replaced if
the relationship doesn't improve.
Dick Milner, 2355 Jonquil Lane, stated the Mayor
spent a great deal of money running ads to notify
the public about this issue. He asked if
citizens could give the Mayor donations to
reimburse him for the costs.
Mayor Bergman stated a group is forming and
interested citizens could belong or give
donations to that group.
David A. Anderson, 4710 Minnesota Lane, stated
that people are concerned about the current state
of government in the City of Plymouth. He stated
now is the time to let citizens voice their
opinion about what is going on because "the
Council has forgotten who they serve." He
supported no change in the election schedule, and
stated any change should be voted through a
referendum.
Steven A. Burk, 11775 40th Place, asked if there
are limitations on When the Council can change
terms. Attorney Thomson responded that state law
requires any change to be made before September 1
of the year in which there is a local election.
Mr. Burk asked if the proposed change was
published in the City's official newspaper.
Manager Willis explained that this cost savings
proposal was made during budget study sessions.
The City Council agenda is mailed to homeowners'
O=_ ke
co Pi,,V 16'91
Regular Council Meet'ng
December 17, 1990
Page 526
associations, interested groups, and placed on
cable. Newspaper coverage of the Council is
subsequent to their meetings.
Councilmember Vasiliou stated one of the
Council's goals has been to improve
communications with residents. The Council will
continue to refine these methods.
Councilmember Vasiliou stated she received a memo
from the City Manager proposing a change in the
election schedule on November 8. It was also
supposed to be discussed at the budget study
session on November 21. She stated the Mayor had
suggested considering an increase in the Council
from five to seven members and a ward system in
May. Councilmember Ricker previously suggested
changing the Mayor's term from two to four years.
She stated she has never heard anything further
from staff.
Jerry Wilson, 18425 14th Avenue North, opposed
any change in the election schedule.
Pauline Milner, 2355 Jonquil Lane, objected to
anyone taking away her right to vote.
Al Clausnitzer, 10705 40th Avenue North, spoke on
behalf of the Lost Lake Homeowners Association
and the newly formed Plymouth Citizens League.
He presented information from the League of
Minnesota Cities on the advantages and
disadvantages of even and odd year elections. He
stated that if saving money was the reason for
amending the election schedule, the Council could
have increased employee salaries somewhat less
than the 4 percent budgeted. He stated that he
is not inferring that the staff is overpaid or
underpaid, but that this area should be
considered if the Council is going to eliminate
an election for $22,400.
Mr. Clausnitzer stated that increased turnout
should not be the primary reason for a change to
even -numbered year elections either. The turnout
in the 1989 election was 23 percent, as compared
to 9 percent in the 1987 election. When there
are important local issues, citizens will vote.
Ci
=` Y
Regular Council Mee+-4ng
December 17, 1990 V
Page 527 _
He suggested that a task force be appointed to
study several issues relating to the Council: 1)
Enlarging the size from five to seven members, 2)
Adopting a ward rather than at -large system, and
3) Staggering years so not everyone runs in the
same year. He stated the Plymouth Citizens
League has offered to pay for the 1991 election,
so the Council does not have to consider the cost
issue.
Mayor Bergman asked Attorney Thomson if there was
any problem with the City accepting donations for
election costs. Attorney Thomson stated there is
generally no problem with the City accepting this
type of donation.
Len Busch, 4045 Highway 101, stated he believes
the City Council is doing a good job. He
commended Councilmembers for their time and
dedication to their jobs. Mr. Busch stated he is
aware there is some agitation among
Councilmembers; however, progress has been made
even though Councilmembers don't always agree on
the issues.
Edward Walker, 3715 Vinewood Lane, stated he
spent 24 months in Viet Nam, partly to preserve
his right to vote. He stated it is the
responsibility of the Council to seek creative
solutions, and he supported the concept of.a task
force to address the issues related to elections.
MOTION was made by Councilmember Vasiliou,
seconded by Mayor Bergman, to form a task force
comprised of citizens, staff, and the City
Council to study and make recommendations on all
issues related to elections as outlined by the
various speakers.
MOTION to amend the main motion was made by Mayor
Bergman, seconded by Councilmember Vasiliou, that
the citizen representatives on the task force be
selected at random from the voter lists.
Motion to amend failed, Vasiliou and Bergman
ayes; Zitur, Ricker, and Helliwell nays.
Main motion failed on a roll call vote, Vasiliou
and Bergman ayes; Zitur, Ricker and Helliwell
nays.
G",
Regular Council Meet*ng
December 17, 1990
Page 528
'S• 6
MOTION was made by Councilmember Ricker, seconded ORDINANCE 90-41
by Councilmember Helliwell, to adopt ORDINANCE AMENDING CITY
NO. 90-41 RELATING TO ELECTIONS, REPEALING ELECTION SCHEDULE
ORDINANCE NO. 74-11 AND SCHEDULING THE MUNICIPAL Item 7-A
GENERAL ELECTION FOR EVEN -NUMBERED YEARS.
Councilmember Ricker stated he understands the
arguments presented; however, he remains
convinced that Plymouth needs larger turnouts for
its local election which will be accomplished by
an even year election. Councilmember Zitur
concurred, and stated that the cost savings to be
realized in 1991 will continue to grow in future
years.
Councilmember Vasiliou stated she doesn't have a
position on even -year versus odd -year elections,
but she will not vote to extend terms. She would
like to receive further citizen input.
Councilmember Helliwell stated she feels there
has been a large "disinformation campaign"
against this issue over the last few weeks, and
showed copies of the ads placed by the Mayor in
local newspapers. She noted that the ordinance
would extend all councilmembers' terms by one
year and suggested that councilmembers opposed to
the extension could resign prior to the end of
their term.
Councilmember Helliwell stated that with the
increasing costs of government on all levels, it
is imperative to do everything possible to cut
costs. She stated this is the first year that
the City portion of property taxes has declined
as the result of true cuts made by the Council,
rather than as an offset by growth or state levy
limits. Councilmember Helliwell stated the
Council has been creative in finding cuts, while
at the same time not reducing the level of
services to residents. In fact, in some cases
service level has been improved, i.e. addition of
two police officers.
Councilmember Helliwell stated that 35 other
cities have changed their local elections to
even -numbered years in the last three years, most
by term extensions. She stated that with even
ccs, Nip 16'91
Regular Council Meet -"ng
December 17, 1990
Page 529
year elections, Plymouth will no longer have a
"private election", where a small number of
voters elect members of the Council.
Motion carried on a roll call vote, Helliwell,
Ricker and Zitur ayes; Vasiliou and Bergman nays.
Director Tremere stated the Planning Commission
recommended approval on a vote of 6-1 of the
request of Orville and Joyce Miller for rezoning,
preliminary plat, and variance for "Kingsway
Estates" located at the northeast corner of
County Road 6 and Xanthus Lane (90081). The
variance request is to allow the platting of a
half street right-of-way for Xanthus Lane
contrary to the provisions of the Subdivision
Ordinance which prohibits platting of half
streets.
The Planning Commission recommends that the'25-
foot wide portion of the site proposed for half
street dedication instead be designated an outlot
and tied to proposed Lot 1 for tax purposes to be
available if required for future dedication. At
such time as a public street is determined to be
required through the platting of other parcels to
the north and west of this site, the outlot
created would be included, with the additional 25
feet to the west to provide the full 50 -foot
dedicated public street, and proposed Lot 1 would
then have a public street frontage. The proposed
resolution includes the variance that results
from the Planning Commission's recommendation
regarding the creation of an outlot rather than a
dedicated one-half of Xanthus Lane.
Director Tremere stated the petitioner is not in
favor of watermain being extended to serve this
area or the resulting assessments.
Greg Frank, McCombs Frank Roos, represented Mr.
and Mrs. Miller. He stated the Millers have
lived at this location for 32 years, during which
time Xanthus Lane has served as a private
driveway. He showed slides of the property and
stated that if the 50' right-of-way were to be
provided, it would start at the center of the
existing road and go to the east. The new
enlarged street would destroy vegetation and
Orville
Miller
Kingsway
(90081)
Item 7-B
Z• to
and Joyce
Estates
�14 0 16'91
N=
TA
vmAYERS!
HERE'S SOME INFORMATION YOU NEED
TO KNOW:
Counclimembers Lloyd Ricker and Bob Zitur,
have decided the want to vote on their own
election next year, not you. They are
preparing to cancel the election next year
and extend their terms for an additional year.
Counciimember Carole Helliwell agrees with
this. Their reason? To save %oft of I% of
the entire 1991 city budget.
These are most of the same Plymouth city
councllmembers who deciders taxpayers did not
need to vote on the community center last year.
Reconfirm your belief in. a democratic system. If
you believe your vote is still Important join, me
■ at Plymouth City Center, Monday, December
17th at 7 p.m. for the only chance to return
-your voting power to Its rightful owner ... you.
Kim M. Bergman, Mayor
hY tR t e.pi.r.��1 M .�. 11gs, g116�f7n Ara /L ►Mwo/4 &" O WN
EXHIBIT "3" a
SENATE
STATE OF MINNESOTA
SEVENTY-SEVENTH LEGISLATURE SOR
PRINTED
PAGE NO. Z94
No. 508
=- to
Introduced by Hughes; Pogemiller; Marty; .7ohnson, 0. E.
and Piper.
Read First Time Feb. 28, 1991, and Referred to :.he
Committee cn Elections and Ethics.
Commit:&* Recommendation. To Paas as Amended.
Committee Report Adopted Apr. 17, 1991,
Read Second Time Apr. 17, 1991.
1 A bill for an act
2 relating to elections; changing requirement of
3 absentee ballot applications for deer hunters;
4 clarifying uses to be trade of lists of registered
5 voters; requiring commissioner of health to -report
6 deaths to secretary of state; authorizing facsimile
7 applications for absentee ballots; requiring notarized
8 affidavits of candidacy; changing time for issuance of
9 certificates of election; changing certain deadlines
10 and lanquage of a disclaimer; changing procedures for
11 hospital district elections; amending Minnesota
12 Statutes 1990, sections 97A.485, subdivision la;
13 200.02, by adding a subdivision; 201.091, subdivisions
14 1 and 4; 201.13, subdivision 1; 2038.04, subdivision
15 1; 204B.09, subdivision. 1; 204B.16, subdivision 6, and
16 by adding a subdivision; 2048.32; 204B.35, by adding a
17 subdivision; 204C.19, subdivision 2; 204C.40,
18 subdivision 2; 205.07, subdivision 1, and by adding a
19 subdivision.; 205.16, subdivision 4; 205A.07,
20 subdivision 3; 2118.04; and 447.32, subdivisions 2, 3,
21 and 4.
22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
23 Section 1. Minnesota Statutes 1990, section 97A.435,
24 subdivision la, is amended to read:
25 Subd. I&. (DEER LICENSE; ABSENTEE BALLOT APPLICATION.; The
26 commissioner and agents shall ir+einde-wttll-e+rerr-}teen&& have
27 available for each person purchasing a license to ►axe deer With
28 firearms or by archery, sold or issued during a general election
29 year, an application for an absentee ba*mets-end•e-reeer
30 regsetratiea-eard ballot. The comzaissioner shall obtain
31 absentee ballot apQlication forms from the secretary of
32 state and distribute them to the commissioner's agents.
33 Sec. 2. Minnesota Statutes 1990, section 200.02, is
EXHIBIT "4" 1
Gbh' MW 16,91
aqua t'IF5T ENGROSSMENT [REVISOR ) JC S0508-1
1 election. In case of a contest, an election certificate shall
2 not be issued until a court of proper jurisdiction has finally
3 determined the contest. This subdivision Shall not apply to
4 candidates elected to the office of state senator or
5 representative.
6 See. 14. Minnesota Statutes 1990, section 205.07,
7 subdivision 1, is amended to read:
8 Subdivision 1. {DATE.] The municipal general election in
9 each statutory city shall be held on the !irst Tuesday after the
i0 first Monday in November in every even -numbered years-exeept
11 that. Notwithstanding any provision of law to the contrary and
12 subject to the provisions of this section, the governing body of
13 a statutory city may, by ordinance passed at a regular meeting
14 held before September 1 of any year, elect to hold the electicn
15 en the first Tuesday after the first Monday in November in each
16 odd -numbered year. A city which was a village on January 1,
17 1974 and before that date provided for a system of biennial
18 elections in the odd -numbered year shall continue to hold its
19 elections in that year until changed in accordance with this
20 section. when a city changes its elections from one year to
21 another, and does not provide for the expiration of terms by
22 ordinance, the term of an incumbent expiring at a time when no
23 municipal election is held in the months immediately prior to
24 expiration is extended until the date for taking office
25 following the next scheduled municipal election. If the change
26 results in having three council members to be elected at a
27 succeeding election, the two individuals receiving the highest
28 vote shall serve for terms of four years and the individual
29 receiving the third highest number of votes shall serve for a
30 term of two years. To provide an orderly transition to the odd
31 or even year election plan, the governing body of the city may
32 adopt supplementary ordinances regulating initial elections and
33 officers to be chosen at the elections and shortening or
34 lengthening the terms of inc=bents and those elected at the
35 initial election so as to conform as soon as possible to the
36 regular schedule provided in section 412.02, subdivision I.
I
SfbUd FIRST £NGROSSXZNT (MISOR 1 JC S0508—i
1 Whenever the time of the municipal election is changed, the city
2 clerk i=,ediately shall notify in writing the county auditor and
3 secretary of state of the change of date. Thereafter the
4 municipal general election shall be held on the first Tuesday
5 after the first Monday in November in each odd -numbered or
6 even -numbered year until the ordinance is revoked and
7 notification of the change is made.
8 Sec. 15. Minnesota Statutes 1990, section 205.07, is
9 amended by adding a subdivision to read:
10 Subd. 3. [EFFECT OF ORDINANCE: REFERENDUM.] An ordinance
11 adopting the odd-numb*red year municipal election day 18
12 effective 240 days after passage.and publication or at a later
13 date fixed in the ordinance. Within 180 days after passage and
14 publication of the ordinance, a petition requesting a referendum
15 on the ordinance may be filed with the city clerk. The petition
16 shall be signed by eligible voters ecrual in number to ten
17 percent of the total number of votes cast in the city at the
18 last municipal general election. If the requisite petition is
19 filed within the prescribed period, the ordinance shall not
20 become effective until it is approved by a majority of the
21 voters voting -on -the -question at a General or special election.
22 held at least 60 days after submission of the petition. If the
23 petition is filed, the Governing body may reconsider its _action
24 in adopting g the ordinance.
r
25 1 Sec. 16. Minnesota Statutes 1990, section 205.16,
26 subdivision 4, is amended to read:
27 Subd. 4. (NOTICE TO AUDITOR.' At least 39 45 days prior to
28 every municipal election, the municipal clerk shall provide a
29 written notice to the county auditor, including the data of the v
30 election and the offices and questions to be voted on at they
31 election.
32 Sec. 17. Minnesota Statutes 1990, section 205A.07,
33 subdivision 3, is amended to read:
34 Subd 3. (NOTICE TO AUDITOR.] At least 36 45 days prior to
35 every school district election, the school district clerk shall
36 provide a written notice to the county auditor of each county in
9
9 �`� �', 1 t, 9
Sttlutl FIRST ENGROSSMENT (REVISOR ) JC S0508-1 �. b
1 to file affidavits of candidacy
2 Voting must be by secret ballet. The clerk shall prepare,
3 at the expense of the district, necessary ballots for the
4 election o: officers. Ballots must contain the names of the
5 proposed candidates for each office, the length of the term of
6 each office, and an additional blank space for the insertion of
7 another name by the voter. The ballots must be marked and
8 initialed by at least two judges as official ballots and used
9 exclusively at the election. Any proposition to be voted on may
10 be printed On the ballot provided for the election of officers
11 or on a different ballot. The hospital board may also authorize
12 the use Of voting machines subject to chapter 206. Enough
13 election judges may be appeirted to receive the votes at each
14 polling place. They may be paid by the district at a rate set
15 by the board. The election Judges shall act as clerks of
16 election, count the ballots cast, and submit them to the board
17 for canvass.
18 After canvassing the election, the board shall issue a
19 certificate of election to the candidate who received the
20 largest number of votes cast for each office. The clerk shall
21 deliver the certificate to the person entitled to it in person
22 or by certified mail. Each person certified shall file an
23 acceptance and oath of office in writing with the clerk within
24 30 days after the date of delivery or mailing of the
25 certificate. The board may fill any office as provided in
26 subdivision 1 if the person elected fails to qualify within 30
27 days, but qualifications effective if made before the board
28 acts to fill the vacancy.
29 Sec. 22. (EFFECTIVE DATE.)
30 Sections 14 and 15 are effective the day following final
31 enactment and Applytc any ordinance a Dlssed within the 180 days
32 before that date.
13 C11A f `' 1(° 401
11
Regular Council Meeting
:tasch 1s, 1991
Page 102 _.
Manager Willis presented a report oa the status
of the Plymouth Chanter Commission. ge Reactivate
recommended that the Council reactivate the Plymouth Charter
Charter Commission cad that 1) previous Commission
appointed to the Charter Commission be gimvaene Stem 9-D
an
opportunity to determine their willingness to
continue if they remain eligible for
renppppoiAtment, and 2) Zutsrested Plymouth
citizens be given the opportunity to submit
applications to the City CourtCil indicating their
interest in being Considered for appointment to
the Charter Commission. '
He stated the City Attorney could be directed to
advise the District Court of the City Council's
intent so that the Court is prepared to receive
applications and recommendations from the City
Council on Commission aMointments.
MOTION was made by Councilm mber Ricker,seconded
by Couaoilmember Vasiliou, to reactivate the
rlya*uth Charter Commission, to direct the City
Attorney -to notify the District Court Of this
!.merit, and,to direct staff to advertise foe
interested applicants.
Notion Carried, five ayes.
MOTION vas mads byy Couneilmember. Vasiliou,
seconded by Counc
Lea
League ofwoman
member titur, to direct staff
to notify the Way=ata.plymouth League of Women
voters that
Voters
Forms of
liymouth City Councilms=bers will be
unable to participate or attend the League's
Government
upcoming forum on i'orms Of gowrwnAt due to the
League of Plymouth Voters Vs. City
of Plymouth
litigation.
Motion carried, live ages.
The Council received a report On the procedures
used by the Public SafetyD concerning
public safety -
motcr vehicle lookout assistance.
Motor Vehicle
Lockout ]lssistanoe
MOTION was made by Couaoilmesber vasiliou,
Item 9-s
seconded by Coua lmember Relliwell, to allow the
Public Safety statf to ooatinue assisting with
motor Vehicle lockouts, as ctreeomma;nded by the
Public safety Direor.
Motion carried, five ayes.
EXHIBIT "S"
1� 10A
C.0 VAN
THOMAS M. CONLIN
ROBERT W. MURNANE
ROBERT T. WHITE
JOHN E. BRANDT
JOHN R. HOFFMAN
JOHN D. HIRTE
STEVEN J. KIRSCH
LAWRENCE R. KING
ANDREW T. SHERN
MICHAEL S. RYAN
SUSAN D. HALL
MURNANn, CONLIN, WHITE, BRANITI & HOFFMAN
ATTORNEYS AT LAW
1800 MERITOR TOWER
444 CEDAR STREET
SAINT PAUL, MINNESOTA 55101
TELEPHONE (612) 227-9411
f�
TEL.ECOPIER (612) 223-5199
1;
Mr. Mark C. McCullough
SKAAR & MCCULLOUGH
1900 First Bank Place West
Minneapolis, MN 55402
May 15, 1991
Mr. David A. Anderson BY FACSIMILE &
MEAGHER & GEER U.S. MAIL
4200 Multifoods Tower
33 South Sixth Street
Minneapolis, MN 55407
Re: League of Plymouth Voters, et al v City of Plymouth
Our File No. 35488
Dear Counsel:
-- v
JAMES F. BALDWIN
C. TODD KOEBELE
BARBARA R. HATCH
MICHAEL P. TIERNEY
M. SUSAN BURNS
JOHN R. SHOEMAKER
STEPHEN I. RONDESTVEDT
DANIEL A. HAWS•
WILLIAM L. MORAN
CYNTHIA E. CORNELIUS
THERESE M. PAUTZ
MICHELE D. SEEHAFER
THOMAS A. GIWGAN. JR.
PAUL D. PETERSON
STEPHEN E. OITO
PATRICK M. RYAN
DAVID C. ANASTASI
DANIEL 1. TRUDEAU
LAURIE W. MEYER
PATRICIA A. MATTHEWS••
JOEL D. HEDBERG
• ALSO ADMITTED IN WISCONSIN
'• ALSO ADMITTED IN
OKLAHOMA AND NEW MEXICO
E. WILLARD MURNANE
(1991-1976)
CHARLES R. MURNANE
(1913-1982)
As we discussed with Mr. McCullough, we suggest that the certified
questions to be submitted to Judge Duffy for presentation to the
Court of Appeals be phrased in a more neutral manner than that
suggested in your April 26, 1991 correspondence. We therefore
suggest that the certified questions be phrased as follows:
1. Is Minn. Stat. §205.07, which authorizes a statutory city to
alter its election plan from odd to even years by extending
the terms of its elected officials one year, a violation of
Minnesota Constitution Article I, Section 2?
2. Is Minn. Stat. §205.07, which authorizes a statutory city to
alter its election plan from odd to even years without a voter
referendum, a violation of equal protection?
As you are aware, Judge Duffy has requested that we submit our
proposed certified questions for his consideration no later than
May 15, 1991. Therefore, pursuant to our discussion with Mr.
McCullough, we request that you advise us whether or not you are
willing to agree to our proposed certif-ied questions. In the event
you are unwilling to accept our proposed questions, we request that
you notify the undersigned or Lawrence R. King immediately so that
we may advise Judge Duffy of our inability to agree upon the
V
CELEBRATING YEARSOF LEGAL SERVICE
Mr. Mark C. McCullough
Mr. David A. Anderson
Page 2
May 15, 1991
wording of the certified questions and we may submit our proposal
for his consideration.
Thank you for your assistance.
Very truly yours,
Barbara R. Hatch
BRH:las
bcc: GAB Business Services, Inc.
Attention: Mr. Doug Gronli
Your Insured: City of Plymouth
GAB File No. 56509-00624
Mr. Robert Weisbrod
North Star Risk Services, Inc.
Mr. Bob Pemberton
City of Plymouth
Mr. James G. Willis
City of Plymouth
Mr. Thomas Grundhoefer
Ms. Carla Heyl
League of Minnesota Cities Insurance Trust
MURNANE, CONLIN, WHITE, BRANDT & HOFFMAN
THOMAS S1 CON LP' •
ROBERT AA MURNANE
ROBERT T WHITE
JOHN E. BRANOT•
JOHN' R HOFFMAN'
JOHN D HIRTE
STEVEN 1. KIRSCH
LAWRENCE R KING
ANDREW T SHER,'
MICHAEL S RYAN
SLSAN D HALL•
Honorable David
Room 1355
Hennepin County
Minneapolis, MN
ATTORNEYS AT LAW
1800 MERITOR TOWERS
444 CEDAR STREETS
SAINT PAUL. MINNESOTA 55101
TELEPHONE (612) 227-9411
TELECOPIER (612) 223.5199
I'S =
.... .. .
May 15, 1991
M. Duffy
HAND
DELIVERED
Government Center
55487
Re: League of Plymouth Voters, et a1 v City of Plymouth
Case No. 91-3190
Our File No. 35488
Dear Judge Duffy:
=-(0
JAMES F. BALDWIN
C. TODD KOEBELE
BARBARA R. HATCH
MICHAEL P TIERNEY
M. SUSAN BURNS
JOHN R. SHOEMAKER
STEPHEN I. RONDESTVEDT
DANIEL A. HAWS
WILLIAM L. MORAN
CYNTHIA E. CORNELIUS
THERESE M. PAUTZ
MICHELE D. SEEHAFER
THOMAS A. GILLIGAN. JR.
PAUL D. PETERSON
STEPHEN E. QTTO
PATRICK M. RYAN
DAVID C. ANASTASI
DANIEL J. TRUDEAU
LAURIE W. MEYER
PATRICIA A. MATTHEWS-
JOEL D. HEDBERG
• ALSO ADMITTED IN WISCONSIN
•• ALSO ADMITTED IN
OKLAHOMA AND NEW MEXICO
E. WILLARD MURNANE
11901-1976 1
CHARLES R. MURNANE
(1913-198' i
We are corresponding with the court in response to the request that
the parties, through their respective counsel, attempt to reach an
agreement as to those proposed issues which the court may certify
as important and doubtful under Rule 103.03(h) of the Minnesota
Rules of Civil Appellate Procedure. We wish to advise the court
that we have conferred with counsel for the League of Plymouth
Voters, however, we have not been successful in reaching an
agreement as to the proposed issues for certification as important
and doubtful. Thus, we have agreed that each party would submit
the proposed questions for consideration by the court.
On behalf of the City of Plymouth we request that the court
consider the following questions and certify those questions as
important and doubtful pursuant to the applicable Rules of Civil
Appellate Procedure:
1. Is Minn. Stat. §205.07, which authorizes a statutory city to
alter its election plan from odd to even years by extending
the terms of its elected officials one year, a violation of
Minnesota Constitution Article I, Section 2? -
2. Is Minn. Stat. §205.07, which authorizes a statutory city to
alter its election plan from odd to even years without a voter
referendum, a violation of equal protection?
In the event that there are additional questions which the court
requests that the parties address we will be happy to do so upon
CELEBRATING, YEARS OF LEGAL SER\ICE 16 +91
��P� t,�►r''r
7= -
Honorable David M. Duffy
Page 2
May 15, 1991
being so advised. We are providing a copy of this correspondence
to counsel for the League of Plymouth Voters.
Thank you kindly.
Best re rds 1
4t,--
jk
Lawrence R. King,
LRK/las
cc: Mr. Mark C. McCullough
Mr. David A. Anderson
bcc: GAB Business Services, Inc.
Attention: Mr. Doug Gronli
Your Insured: City of Plymouth
GAB File No. 56509-00624
Mr. Robert Weisbrod
North Star Risk Services, Inc.
Mr. Bob Pemberton
City of Plymouth
Mr. James G. Willis
City of Plymouth
Mr. Thomas Grundhoefer
Ms. Carla Heyl
League of Minnesota Cities Insurance Trust
1
Attornevs at Law
ROBERT A. ALSOP
PAM. D. BAF.RTSCHI
RONALD H. BATTY
MARY J. BRF.NDEN
STEPHEN J. Bt BI 1.
ROBERT C. CARLSON
CHRISTINE. M. CHAI.F.
JOHNS. DEAN
MARY G. DOBBINS
JEF'FREI ENC.
STEFANIE N. CALEY
DAVID L. GRAVEN
CORRINE A. HEINE
JAMES S. HOLMES
DAI'ID J. KENNEDI
JOHN R. LARSON
WELLINGTON H. LAA
May 13, 1991
Mark McCullough, Esq.
Skaar & McCullough
1900 First Bank Place West
Minneapolis, 11N 55402
HOLMES & GRAVEN
CHARTERED
470 Pillsbury Center. Minneapolis. Minnewta 55402
(612)337-9300
Facsimile 4612) 337-9310
WRITER'S DIRECT DIAL
RE: City of Plymouth v. W.J. Cavanaugh
Court File No. CD -2215
Library Site
Our File No. PL100-107
Dear Mr. ':McCullough:
JI LIF: A. I.AISI.F.R
CHARLES 1..
JOHN M. LEFE'. RI.. JR.
ROBERT J. LINDAI.1.
LAURA K. MOLLFT
DANIEI. R. NFI.%o%
BARBARA I..PORTI WD
MARI FRAN(ESSI(.ALA
JAMES M. STROMMEN
STEVEN M. TAI.I.F.%
JAMES J. THoMso N. JR.
LARRI M. WERTHEIM
BONNIE 1.. IA'l1.Kl%%
t1F (M %SF.1.
ROBERT 1.. DA/ IDSON
JOHN G. Hoes( HI.F.R
In accordance with your letter of May 6, 1991, 1 am enclosing copies of the 'March 18,
1991 and April 22, 1991 resolutions of the City Council. The March 18, 1991
resolution authorized the condemnation. The April 22, 1991 Resolution authorized the
use of quick take.
?Yoery truly,. Lin 1m
Enclosure
cc: Jim�Thomson
rank Boyles
cim VAN, 16'91
= —1
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
18th day of March , 1991. The following members were
present: Helliwell, Ricker, Vasiliou, Zitur, Bergman _
The following members were absent: None
MOTION was made by Councilmember Helliwell to adopt the following resolution:
RESOLUTION NO. 91--177
AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE
ACQUISITION OF A COMMUNITY LIBRARY SITE, CITY PROJECT 103
WHEREAS, the City of Plymouth and its residents have long
considered it desireable to have a public library within the City
limits; -
WHEREAS, Hennepin County has indicated a willingness to construct
a library within the City if the City will provide to the County
land sufficient to satisfy the County's requirements for the
site, at a location acceptable to the County;
WHEREAS, from among alternative sites submitted to the County,
the County has selected the real estate which is described herein
("Subject Property") as the best site for the proposed library;
WHEREAS, The City of Plymouth has undertaken City Project No. 103
to acquire the Subject Property for a community library site; and
WHEREAS, in order to enable the County to construct the proposed
library, the City must acquire title to the Subject Property; and
WHEREAS, the Subject Property is located immediately
northeasterly of the intersection of TH55 and Vicksburg Lane.
Due to its location, the Subject Property enjoys good visibility
from TH55 and Vicksburg Lane. This good visibility is an
essential requirement for the County to approve any site for the
library;
WHEREAS, the County has advised the City that the County requires
a minimum of 3.8 acres for the proposed library;
WHEREAS, if anything less than all of the Subject Property is
acquired by the City for the proposed library, representatives of
the County have advised the City staff that the parcel acquired
will not be acceptable to the County unless it includes that part
of the Subject Property lying immediately adjacent to Vicksburg
Lane (the westerly portion of the Subject Property);
��r� , 16'91
WHEREAS, in order to avoid further delay of construction of the
library it is essential for the City to acquire the Subject
Property before final site planning is complete;
WHEREAS, in the opinion of City staff, after subtraction from the
Subject Property of rights of way for streets and utilities which
are likely to be required to serve the library and the 3.8 acres
for the minimum acceptable library site, any remaining portion of
the Subject Property would be less than the 1.0 acre minimum
buildable parcel specified by the City Zoning Ordinance;
WHEREAS, even if all of the Subject Property is not ultimately
required for the library, City staff believe the City's cost of
acquiring the real estate required for the library if the entire
Subject Property is acquired will be less than or equal to the
damages if only part of the Subject Property is acquired;
WHEREAS, negotiations with the property owner to acquire the
Subject Property have been unsuccessful to date;
WHEREAS, the City Council finds it necessary, proper and
expedient in the interests of the public health, convenience and
general welfare of the citizens of the City of Plymouth for- the
City to acquire said parcel for purposes of constructing a public
library facility (City Project 3-03);
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the City Attorney is hereby
authorized to commence and complete condemnation proceedings for
City Project No. 103 for the following described parcel ("Subject
Property"):
That part of the W 491.92 f t . of S 1/2 of NW 1/4 of NW
1/4 lying NLY of State Highway No. 55, Sec. 21,
Twp. 118, Rge. 22
The motion for adoption of the foregoing resolution was duly
seconded by fn,mrilmemher Ricker , and upon vote being taken
thereon, the following voted in favor -thereof: Helliwell. Ricker.
The " fol low ing voted against or abstained:
None Whereupon the resolution was declared
duly passed and adopted.
2
=-
STATE
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
CITY OF PLYMOUTH )
I, the undersigned, being the duly qualified and appointed City
Clerk of the City of Plymouth, Minnesota, hereby certify that I
have carefully compared the foregoing resolution adopted at a
regular meeting of the City Council of said City held on March
18, 1991, with the original thereof on file in my office, and the
same is a full, true, and complete transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate
seal of the City this 10th day of April, 1991.
La rie Rauenho st
City Clerk
CIR V -P 161SA
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
22nd day of April, 1991. The following members were present:
Mayor BerEman, Councilmembers Helliwell, Ricker, Vasiliou, and Zitur
The following mem ers were absent: hone --
MOTION was ma a by Councilmember Helliwell__ to adopt
the following resolution:
RESOLUTION NO. 91- 24S _
AUTHORIZING USE OF QUICK TACE
\IN CONDEMNATION PROCEEDINGS FOR THE
ACQUISITION OF A COMMUNITY LIBRARY SITE,
CITY PROJECT 103
WFEREAS, the City Council previously adopted its Resolution No.
91-177 on March 1.8, 1991 authorizing the commencement and
completion of condemnation proceedings for the following
described parcel ("Subject Property'):
That part of the W 491.92 f t . of S. 1/2 of NW 1/4 of NW
1/4 lying NLY of State Highway No. 55, Sec. 21, Twp.
118, Rge. 22.
WHEREAS, the City Council finds it necessary and convenient to
acquire title to and possession of the Subject Property in
accordance with the provisions of Minn. Stat. § 117.042 prior to
the issuance of the award of damages by the court appointed
commissioners.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the City Attorney is hereby
authorized to acquire title to and possession of the Subject
Property pursuant to the provisions of Minn. Stat. 5 117.042 and
to pay to the owner or deposit with the district court
administrator the City's approved appraisal of value for the
Subject Property.
The motion for adoption of the foregoing resolution was duly
seconded by Councilmember Ricker, and upon vote
being taken thereon, the following voted in favor thereof;
Councilmembers Helliwell, Ricker, and Zitur
TFe fol owing voted against or a9staine : Mayor Bergman and Councilmember
VasiIiO Whereupon the resolution was declared duly
d ad
passed anopted.
1' '41
=--7 .
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
CITY OF PLYMOUTH )
I, the undersigned, being the duly qualified and appointed City
Clerk of the City of Plymouth, Minnesota, hereby certify that I
have carefully compared the foregoing resolution adopted at a
regular meeting of the City Council of said City held on
April, 22, 1991, with the original thereof on file in my office,
and the same is a full, true, and complete transcription thereof.
WITNESS my hand officially as such City Clerk and the corporate
seal of the City this 8th day of May 1991.
- --/�� t-1-01
rie Rauen orst
City Clerk
r�=d prrNj 1691
lt... ir.
King Videocable Company
May 10, 1991
James Willis
City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Ja es.
We are hatp to report that a definitive
been reached between King Videocable and
Journal Company. The Providence Journal
the finest media companies in the nation
partner in our community.
Yc
7584 80th Street South
Cottage Grove, Minnesota 55016
612-458-1866
1-800-255-4640
6901 Winnelka Ave. N.
Brooklyn Park. MN 55428
(612) 533-8347 - Administration
(612) 533.8020 - Customer Service
An Affiliate of King Broadcasting Company
sale agreement has
The Providence
Company is one of
and will make a fine
Colony Communications, the wholly-owned subsidiary of The
Providence Journal Company, will manage the day-to-day
operations of the cable franchise once the sale is approved.
Colony Communications recently earned the cable industry's
highest honor — the National Academy of Cable Programming's
1991 Distinguished Achievement award — for community
service.
Enclosed is a copy of the news release announcing the
ayieeinent and additional information on Providence and its
management. Please feel free to contact me if you have any
questio Thank you.
inter ly,
J
( Jinn Co rs
Enclosures
i
SERVING THE COMMUNITIES OF
A'�c'. Bayport. Baytown Township, Brooklyn Center. Brooklyn Pak. Cottage Grove, Crysta' Denmark. Gc'.den Valley. Grey Cloud
Is,a-c Hastmos. Hudson. Lakeland. Lakeland Shores. Lake St Croix Beach. Maple Grove. Nee. Hope. Nev:por:. North Hudson, Oak Park
tie _,-.s. Osseo, Plymouth. Prescott. River Fails. Robbinsdale. Rogers. Stillwater. Stillwater Toa: sh c. St Paul Park St Marys Point Woodbury
OtA I 1 ti '91
090-
sc
King Broadcasting Company 333 Dexter Avenue North
PO Box 24525
Seattle. Washington 98124
206448-5555
News Release
April 29, 1991
Seattle, Washington - King Broadcasting Company, Providence
Journal Company and the investment firm of Kelso and Company, Inc. today
jointly announced the signing of a definitive sale agreement for the acquisition
of King's television and cable operations by the Journal in a joint venture
partnership with Kelso.
"This is a significant step in the fulfillment of our goal to place King
Broadcasting with a company that shares King's values, its respect for
employees and its commitment toward good corporate citizenship," King's
president and CEO Steven A. Clifford said. "Work will now begin by both
companies to seek the necessary regulatory approvals to transfer the FCC
licenses and cable franchises.
Providence Journal Chairman and CEO Stephen Hamblett said, "The
agreement places us in a major position in the communications world. It greatly
strengthens our broadcast television and cable divisions, adding six television
stations and more than 215,000 cable subscribers in strong markets." An
added feature, according to Hamblett, is that the acquisition of King will provide
Providence Journal with a strong communications presence along the full
length of the East and West coasts of the United States.
The Providence Journal Company is a privately held, diversified
communications company based in Providence, Rhode Island. The company
owns newspapers, broadcast television and cable -TV operations. The
company's newspapers, founded in 1829, are among the nation's most
respected daily papers. They are known collectively as the Journal -Bulletin.
The Journal is the oldest daily newspaper of general circulation in continuous
publication in the United States. The company's television stations are: KMSB,
Tucson, Arizona; KGSW, Albuquerque, New Mexico; WHAS, Louisville,
Kentucky; and WCNC, Charlotte, North Carolina. The Journal's wholly-owned
cable -TV company, Colony Communications, is a pioneer company in the
cable -TV business and serves over 550,000 subscribers in five states.
-more-
Ctm miry 16'91
M.- K
King Broadcasting
Definitive Agreement
Page 2
The definitive agreement does not include King Broadcasting's radio stations or
its mobile television company. These properties, which constitute the
remainder of King, are being sold separately.
"The search is underway to find buyers for the radio stations and Northwest
Mobile Television. We expect that this effort will be completed prior to the
closing of the sale to the Providence Journal later this year," Steve Clifford said.
King's television stations consist of: KING, Seattle; KREM, Spokane,
Washington; KGW, Portland, Oregon; KTVB, Boise, Idaho; K38AS, Twin Falls,
Idaho; and KHNL, Honolulu, Hawaii. King's cable division consists of 13
systems with over 215,000 subscribers in Washington, Idaho, Minnesota and
California. Together, television and cable comprise about 85 percent of the
company.
Sterling Payot Company and Dillon Read & Company are financial advisors to
King Broadcasting in the sale of the television, cable and mobile television
properties. Both, along with Frank Kalil and Company, are assisting King in the
sale of the radio stations. The First Boston Corporation represented the
Providence Journal Company and Kelso & Company, Inc.
For more information: John D. Hough
The Rockey Company
(206) 728-1100
CU MiPY 1: 191
=_ q
NEWS AWARDS FOR
RELEASE CABLE
EXCELLENCE
National Academe of
Cable Progrwnnung COLONY COMMUNICATIONS TO RECEIVE
1724,%lassachusetts Ave.. NAW DISTINGUISHED ACHIEVEMENT AWARD
Washinpon. DC 20036
Telephone 202 775-362Q
u
Colony Communications is the recipient of this year's
Distinguished Achievement Award. In making the announcement,
Doris Indyke, Executive Director of the National Academy of Cable
Programming, explained, "This award is given annually to a,
company, project or individual who has made a significant
programming contribution at the local level.".
Colony Communications is being recognized for its programming
commitment to ethnic audiences. Specifically, the company
produces 12 hours per day of Portuguese and Spanish language
programming in New Bedford, Massachusetts and Hialeah/Dade
County, Florida respectively.
For many members of the Colony audience, English is not their
primary language. Colony has made a substantial and on-going
commitment to meet the needs and interests of these audiences.
In 1976, a collaboration between Colony's New Bedford, MA system
and a local Portuguese language newspaper started their first
foreign language channel. Colony began with an hour of
programming a day, serving 10,000 subscribers. The service has
grown to 12 hours a day, with an availability to over 175,000
cable households in Massachusetts and Rhode Island.
Approximately half of the programming on the Portuguese channel
is original, including a daily newscast, magazine programs,
special documentaries produced in Portugal, soccer games, cooking
shows, a MTV style music show and discussion programs. Acquired
programming from Portugal and Brazil includes novellas (soap
operas), movies, musical/variety, comedy, news/special event
programs, and live soccer games via satellite. The system also
produces access programs in Cape Verdean, Spanish and French.
(more)
y -T
In 1981, Colony's Hialeah/Dade County, FL system launched
Miavision. Initially the service provided two hours per day of
Spanish language programming, now it offers 12 hours per day,
seven days per week of programming. Original programming
includes a daily news program, magazine show and music video
show, a weekly sports talk show, musical variety program and
medical phone-in show, along with boxing, soccer and other
sporting events. Acquired programming includes novellas from
Venezuela, movies from Mexico, Spain, Argentina and the U.S., and
tv series and musical variety programs from Central and South
America, Puerto Rico and the U.S.
Colony's on-going commitment to ethnic programming is exemplified
by the recent collaboration of its Lowell, MA system with a
Cambodian organization to produce a regular program. Similar
efforts are underway in Colony's Los Angeles system to create
programming for its Spanish-speaking community.
The Distinguished Achievement Award will be presented to Colony
Communications at the "The National Show" Local ACE Awards
celebration, March 26 in New Orleans.
COLONY'S PROGRAMING AWARDS
The awards that Colony's cable systems have received for their
local programming include ACE Awards from the National Cable
Television Association, (the industry's highest programming award)
the Hometown Video Awards from the National Federation of Local
Cable Programmers and various regional and local programming
awards. Notably, they have won nine "Awards for Cablecasting
Excellence" (ACE), and ten "Hometown USA Video Festival" awards and
citations. Colony is also nominated for four additional ACE Awards
in 1991. Below is a general summary of these awards.
MARCH 5, 1991
�catfl� Aust 3nlelligencer
The voice of the Norrnvem ance 1863
Editorials
King's fruitful search
ing Broadcasting Co., true
to its word, made an earnest
effort to find a buyer of
its television properties that
would carry on King's
commitment to community
service, and it appears
to have found one in the
Providence Journal Co.
The company is best known
for its respected Providence, R.I..
Journal. the oldest major daily
newspaper of general circulation
in continuous publication in the
United States. But it is no
neophyte in the broadcasting
industry. It has television stations
in Tucson, Albuquerque.
Louisville and Charlotte. N.C.. as
well as major cable -TV
operations. The latter have
earned the company the
Publisher. Wgil Fassio
Ex-utive Editor. J.O Alexancer
Editorial Page Editor. Chanes J. Ounswe
Managing Editor. Kerry slagm
Assouate Editor. Thomas A. Reac
r
8uslness Managewilliam R. Coco
industry's 1991 Distinguished
Achievement Award for
Programming for outstanding
community service.
The Bullitt family, founders
of King, will continue to work for
the best interests of the greater
Seattle area through the newly
established Bullitt Foundation,
which will use proceeds of the
King sale to push
environmental and social causes.
The foundation is sponsor of
the current Oil -Smart Wednesday
program, encouraging motorists
to conserve gasoline each
Wednesday through March.
The Bullitts were this area's
television pioneers. The
Providence Journal Co.
promises to be a worthy second -
generation successor.
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S- to
rg) County Road 6 Update
A bulletin from the City of Plymouth, Number 4, May 14, 1991
As road work on Co. Rd. 6 enters its second and final year, the City of Plymouth will again strive to keep
residents abreast of the projects progress via these updates. Keep in mind this is a Hennepin County
project. However, the County and City will be working together to minimize inconvenience to residents
and to keep you informed.
The information in this update regarding the timing of each phase of the project is tentative.
OVERALL PROJECT
The project extends on Co. Rd. 6 from Fernbrook Ln, to Co. Rd. 101. It includes: widening Co. Rd. 6 to
two lanes in each direction; creating turn lanes; constructing new traffic signals at Dunkirk, Vicksburg and
Niagara Lanes; building a pedestrian underpass at Niagara Ln. Widening and channelization of Vicksburg
Ln., north and south of Co. Rd. 6, is also part of the project.
Like last summer, the County will provide access to all homes with driveways located on Co. Rd. 6.
UPCOMING WORK
• Due to a wet and cold spring, the contractor began full-scale construction later than usual. Work has
begun on sidewalk construction from Co. Rd. 101, easterly to Dunkirk Ln. When this is completed,
crews will sod the south side of the Co. Rd. 6 project from Co. Rd. 101 to near Yuma Lane.
• Work will begin immediately on the permanent roadway from Juneau Ln. to Niagara Ln. for the south
half of County Road 6, i.e., the east bound lanes.
• The Parkers Lake pedestrian underpass just west of Niagara Ln. is tentatively scheduled to open in
early June.
• Work is also proceeding on the new pavement on the north half of Co. Rd. 6 from Vicksburg Ln. to Co.
Rd. 101.
• Within one month, current utility relocation and grading work should be completed. Curti and gutter
and paving between Vicksburg Ln. and Co. Rd. 101 will follow. That is tentatively scheduled to be
completed by July 1.
• Traffic will be switched to the north half of Co. Rd. 6 in the area of the Vicksburg Lane intersection in
mid-June. Work on the intersection construction will begin in July and should be completed by
mid-August.
• The final layer of bituminous for the entire project should be placed in late August. Sodding and the
final grading and cleanup is scheduled to be finished by late fall.
4��' I!,ifu 16'91
• The permanent traffic signals should be completed and activated by the following dates:
- Dunkirk Lane - July 1
- Niagara Lane - mid-July
- Vicksburg Lane - mid-August: The contractor has requested to alternately close the north
and south lanes of the Vicksburg Ln./Co. Rd. 6 intersection in order to more quickly
complete grading and signal installation. The request is still being considered by the City
and County.
QUESTIONS/CONCERNS
If you have questions or concerns about the road construction, contact Hennepin County Project Engineer
Dave Feltl at 930-2616 or the field office at 473-5295. For more information on city functions related to
the project, call Plymouth City Engineer Dan Faulkner at 550-5071.
CAUTION
Please keep children away from the construction area. Heavy equipment is operated in the area and
crews will be working with hot bituminous at various times. Bituminous may be driven on within an hour
after being laid. For your child's safety, please keep him/her from walking on it until it has cooled (four to
eight hours, depending on weather conditions).
Motorists traveling through the area are reminded to drive with care.
FUNDING
This project is being funded by the City of Plymouth and Hennepin County.
Thanks for your patience!
cim 1,05u 16'91
7=- %%
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 7, 1991
TO: Myra Gibson Wicklacz, Dev. Services Tech.
Dick Carlquist, Director of Public Safety
FROM: Laurie Rauenhorstg-city Clerk
SUBJECT: COMPLAINT - MOTOR VEHICLE DEALERSHIP
On May 6, 1991, I received a phone call from regarding
an unlicensed motor vehicle dealership in the City of Plymouth.
Dealerships must be licensed by the State of Minnesota.
The name of the dealership is "Nelson's Auto" operated by Robert
Nelson at 12730 28th Avenue North. Mr. stated that he
had been "taken" by this dealership and when he called the State
to complain, they informed him that the dealership is not
licensed and referred him to us.
I contacted the State of Minnesota Dealers Unit today to check on
the process to pursue with an unlicensed dealership. They
indicated that the City or individual should send information to
the Dealers Unit as proof that this dealership is in operation.
Mr. statement, an ad appearing in the newspaper, or
the license plate numbers of vehicles on the property could be
sent to the State as proof. The Dealers Unit can be contacted
at:
State of Minnesota
Dealers Unit
395 John Ireland Blvd.
Room G-17
St. Paul, MN 55155
phone (296-2977)
Myra - Would you please check the zoning/use at this
location? Is there anything to pursue?
Dick - Would you please have someone contact Mr. to
discuss his complaint? He mentioned fraud when he talked
with me but I have no specific information. Also, please
pursue the unlicensed dealership information to pass on
to the State, or inform Mr. of what he can do to
rMM MEQ 16'91
Memo - Motor Vehicle Dealership
May 7, 1991
Page 2
provide the State with this information if you
determine this is a consumer complaint and don't think
the City should get involved.
Would each of you please let me know the status by May 19, and
whether you would like me to be involved further or whether you
have spoken to Mr.
cc: Chuck Dillerud, Community Development Coordinator
Frank Boyles, Assistant City Manager
CIM MAY 16'91
',-KAV 0
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 14, 1991
TO: Frank Boyles, Dick Carlquist, Blair Tremere
FROM: Laurie Rauenhorst
SUBJECT: COMPLAINT- MOTOR VEHICLE DEALERSHIP -- RESOLVED
The complaint received last week regarding a possible unlicensed
motor vehicle dealership at 12730 28th Avenue North, owned by
Robert Nelson, has been resolved.
Myra states that the property is in an R-lA District, and a
letter could be sent regarding home occupation. However, it
appears this is not now necessary.
The Community Service Officer who checked the site found no
vehicles on the property and no indication that the use is other
than residential. He contacted the complainant, Mr.
Mr. apparently made an exceptionally bad deal when he
purchased a car from Mr. Nelson. We have no knowledge that any
other vehicles have been sold. Mr. was referred to the
Better Business Bureau or another consumer organization if he
wants to pursue this further.
Thanks to Police and Planning for your fast response!
Minutes of the Park and Recreation Advisory Commission Meeting
May 9, 1991
Page 18
Present: Chair Freels, Commissioners Anderson, Hanson, Rosen, Waage, and
Beach; staff Bisek, Blank and Pederson
1. CALL TO ORDER
Chair Freels called the May meeting to order at 7 p.m. in the Council
Chambers.
2. APPROVAL OF MINUTES
A motion was made by Commissioner Anderson and seconded by Commissioner
Waage to approve the minutes of the April meeting as presented. The
motion carried with all ayes.
3. VISITOR PRESENTATIONS
a. Athletic Associations. None were present.
b. Staff. Mary presented the May Employee of the Month award to Paula
Miller, who is the coordinator of the Plymouth Senior Citizen Program.
Paula has been in this position for three years and during this time
has formed a new choral group and a craft group for the seniors.
Membership in the senior clubs continues to grow, and Paula says that
working with this group is very rewarding and educational.
Mary stated that some spring programs such as golf and softball have
experienced several rain outs already, with time running out for
making up lessons before the next session starts. Swimming
registration is scheduled for Saturday, May 18. The Spring Dance
Recital is May 22, with 140 dancers participating. Recreation staff
will be meeting with representatives of School Dist. 284 to start
working on next fall's after school programming. New sponsors for our
summer concert series have been recruited. They are Burnet Realty and
CUB Foods. Karol Greupner has been successful in obtaining an $1,800
grant for a Folk Art Festival scheduled for March 21, 1992, at Wayzata
East Jr. High.
4. REPORT ON PAST COUNCIL ACTION
a. Plavfields. Bids will be opened May 23 for the Bass Lake and Parkers
Lake Playfields. Director Blank said he hopes to have a
recommendation ready by the June 3 City Council meeting.
b. Sidewalks/Trails. Council recommended hiring a traffic consultant to
study those locations where sidewalks and trails may need to be
improved in some manner.
C. 1991 CIP. Council authorized staff to proceed with the proposed
projects included in the 1991 CIP. The tennis courts for Plymouth
Creek park will cost approximately $200,000. This includes a parking
lot, which Director Blank says will be necessary. In order to stay
within the $200,000 cost estimate, Director Blank suggested building a
Cmt MiNi 16 '9 1
=.- k a.J
May 1991 PRAC Minutes
Page 19
20 -car lot instead of a 50 -car lot and we may not be able to light the
tennis courts at this time. Council also approved the construction of
a neighborhood park on 10th Avenue for the residents of Willow Wood
Estates and the surrounding area, which PRAC had endorsed at their
April meeting. If all of the 1991 projects are completed, an
estimated balance of $322,200 remains in the Park Dedication account.
5. UNFINISHED BUSINESS
None.
6. NEW BUSINESS
a. Park Tour The annual park tour is scheduled for May 22, with the bus
leaving City Hall at 5 p.m. The tour should be completed by 8:30 or
9.
b. 1992-96 CIP. Director Blank stated that new park dedication fees in
the amount of $57,000 were received in the first quarter of 1991.
Capital projects proposed for 1992 include trails (to be funded by
park dedication and MSA funds), a neighborhood park, parking for
Timber Shores park (which will be constructed in conjunction with the
widening of Zachary Lane), and land acquisition, possibly at Dunkirk
and Old Co. 9.
Projects proposed for 1993 & 1994 are trails, a neighborhood park,
West Medicine Lake City Park, and pond dredging in Plymouth Creek.
Projects for 1995 are trails and a neighborhood park, and in 1996,
trails.
Items not in the draft CIP are the community center, outdoor pool and
golf course. The City Council has stated that the only way a
community center will go forward is through general obligation bonds.
Commissioners questioned the process for implementing a community
survey on a golf course, outdoor pool and community center. Director
Blank said there are some options, which include a joint meeting with
the Council, a meeting between Chair Freels and Mayor Bergman, or a
letter to the Council.
c. Athletic Association Field Maintenance Fee. The Wayzata Soccer Club
has appealed to the City Council to waive the field rental fee during
1991. The Council agreed to reduce the fee by half. The Council has
also asked PRAC to restudy the issue. Director Blank indicated that
this item would be on the next PRAC agenda.
7. COMMISSION PRESENTATION
None.
8. STAFF COMMUNICATION
Director Blank informed the Commission that Plymouth will host a picnic on
Thursday, July 25, at Parkers Lake, for the International Special Olympics
Committee. The International Special Olympics will be held in the Twin
Cities July 19 to July 27.
9. ADJOURNMENT �(i�j '�� 1699
The meeting adjourned at 7:30 p.m.
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I
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 10, 1991
TO: Fred Moore, Public Works Director
FROM: Helen LaFave*ommunications Coordinator
SUBJECT: CUSTOMER SERVICE LINE CALL
I received a call on the 24 -Hour Customer Service Line on May 10
from Lois Klobuchar, 1293 Black Oaks Court, 476-2080, wondering
why Black Oaks Court is not listed on the City map, or on other
maps such as Hudson maps. I suspect that Black Oaks Court is a
private street. If that is the case, please have a member of
your staff contact Ms. Klobuchar to explain the policy regarding
the development of City maps, or if it was indeed an oversight,
please have it added to the City map when it is next updated and
have a member of your staff contact Ms. Klobuchar to notify her
of that.
Please advise me of action taken on this by Friday, May 17 so
that I may note it in my customer service line log.
Thanks.
HL:kec
cc: James G. Willis, City Manager
S.F. 5/17/91
St
CUSTOMER SERVICE LINE
May 10, 1991
B
SF6 tAc^-*
s --kA
PROBLEM: Ms. Klobuchar called wondering why Black Oaks Court is
not listed on the City map. She said not listing on
the map causes daily inconvenience for those
residents. She encourages the City to consider adding
it to the map and doing what it could to have it
listed on Hudson maps and other maps of the area.
SOLUTION: Add the street to the City map, or notify Ms.
Klobuchar as to the rationale for excluding it.
R t r
I J7Z t'.kt.'�'f.
CUSTOMER SERVICE LINE
May 11, 1991
PROBLEM: The caller reported that his neighbor was violating
the water restrictions on Sat., May 11 at 4:45 p.m.
The violator lives at 1230 Sycamore Ln. N. The caller
said the woman was washing big stones in her yard,
washing her patio deck and watering flowers. He also
noted that he has watched his neighbor violate the
odd -even restrictions for the past two years.
SOLUTION: He recommends the City notify the woman at 1230
Sycamore Ln. N. that she is in violation of the odd -
even restrictions.
a14 N��' 1 , ,I
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 13, 1991
TO: Steve Correll, Support Services Supervisor
FROM: Helen LaFave, Communications Coordinator
SUBJECT: CUSTOMER SERVICE LINE CALL
I received a call on the 24 -Hour Customer Service Line on May 11
concerning a violation of the odd -even restrictions at 4:45 p.m.
on Sat., May 11 at 1230 Sycamore Ln. N. The anonymous caller
reported that his neighbor at 1230 Sycamore Ln. was washing her
patio deck, watering her flowers and washing some large stones
in her yard. He added that he has watched this particular woman
violate the odd -even restrictions for the past two years. He
requested that the City notify the woman that she is in violation
of the water restrictions.
Would you please have the Community Service Officers notify the
resident at 1230 Sycamore Ln. N. that she was in violation of the
odd -even water restrictions at 4:45 p.m. on Sat., May 11.
Please advise me of action taken on this matter by May 20.
Thanks.
HL:kec �k Ca1� .asoma
cc: James G. Willis, City Manager 1E_
S.F. 5/20/91 1+3ti�^^ l
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H,aEE� °J,R a�.SE�w iEE :ETmE3 `.�c� 3ca c,, MRY 16'9
5/13/91
Dear Chief Carlquist:
As parents of one of the Sunny Hollow D.A.R.E.
Graduates, Chris Bindert, we would like to
thank you and your officers for the wonderful
job in educating the students and being role
models for young people. Thank you also for
being involved in the Graduation Ceremony.
This program has made a great impression upon
our son, and every student in the 6th Grade.
We especially would like to commend officer
Duerksen for his time and dedication. The
impact he has had on the students is one he can
be very proud of. officer Duerksen has made a
difference! He deserves special merit and is
an asset to the Plymouth Police Dept and the
D.A.R.E. Program.
Thank you again, Chief for your efforts and
support!
r_41
CIM MAY 16 � '° 1
JIM RAMSTAD
THIRD DISTRICT, MINNESOTA
JUDICIARY COMMITTEE
SMALL BUSINESS COMMITTEE
SELECT COMMITTEE ON
NARCOTICS ABUSE AND CONTROL
DISABILITIES TASK FORCE
COCHAIRMAN
May 13, 1991
Congm;q; of the �niteb *tateg
Joouge of Repregentatibeg
Unbington, ;DC 20515
Jim Willis
City Manager
City Of Plymouth
Plymouth City Center
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Jim:
WASHINGTON OFFICE
504 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
(202) 225-2871
DISTRICT OFFICE
8120 PENN AVENUE SOUTH, #152
BLOOMINGTON, MN 55431
(612) 881-4600
Please accept my heartfelt congratulations on your 20 years of
outstanding service to the citizens of Plymouth as City Manager.
Your outstanding and innovative leadership over two decades has
spanned Plymouth's most critical years as a community and helped
to make it one of the Twin Cities area's best places to live,
work, raise a family and pursue dreams.
There is no better city manager anywhere in this country! The
citizens of Plymouth are truly fortunate to have an administrator
of your caliber working so hard on their behalf in this important
position.
I also want to take this opportunity to thank you for all the
help you have given me over the years. Your wise counsel on
municipal and other policy issues has allowed me to do a better
job representing the people of Plymouth and all of Minnesota in
the Legislature and in Congress. I shall continue to take
advantage of your insight.
Congratulations again
leadership in Plymouth
touch!
S'cerely,
JI STAD
Me ber of Congress
JR: to
on your 20 years of dedicated and energetic
and throughout the region. Let's keep in
PRINTED ON RECYCLED PAPER
a�rIA MFy 16'91
=--%1 C4.0
Distinction in Design, Inc.
14264 23rd Avenue North, Plymouth, Minnesota 55447 • 612/550-1138 • FAX 612/550-1349
May 13, 1991
Mayor Kim Bergman
City of P'Ysloutk
3400 Plymouth Blvd.
Plymouth MN 55441
p[C IVE I
MAY 14 1991
C11 Y 0f PLYA�1Qb.'T {
Dear Mayor Bergman,
It has been several months since the PRAC commissioners met with
the City Council.
I request that the City Council meet with the PRAC Commissioners.
The commissioners feel we should have a better understanding of
what the City Council is considering i.e., a community center, golf
courses, outdoor swimming pools, and other recreation facilities.
We feel that a citizen survey should be made to have input to what
facilities the citizens of Plymouth are interested in and what
facilities they would support.
Thank you for your consideration.
Sincerely,
Frank H. Freels
Chairperson PRAC
HFH/jj
cc: Eric Blank - PRAC Director
ovO V. 1 /,'Q'
District
Qm: 0
em�P'T'OSSEO AREA SCHOOLS
May 8, 1991
Mr. James Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Willis:
�.• V -t b
DR. MARL RAMSEY
j Superintendent of Schools
Telephone: (612)425-4131
'TT �'R9 ,
This is a reply to your letter of May 1 regarding the D.A.R.E.
Program. We have been pleased that the City of Plymouth has
sponsored this program for the elementary schools of our district
enrolling children from the city of Plymouth. We also have a
D.A.R.E. Program sponsored by the City of Brooklyn Center and a
Counteract Program sponsored by the City of Maple Grove. We
believe that the City of Brooklyn Park is also considering a
Counteract Program.
Each of these programs
awareness education for
funded and supported by
D.A.R.E. and Counteract
supplements the basic program for drug
district students. The basic program is
the schools, and the supplemental
Programs enhance the basic program.
The school district is facing a deficit of somewhere between
$3,000,000-$4,000,000 for the 1991-92 school year, and the future
beyond 1991-92 looks even worse. It will not be the plan of the
administration to recommend that the district provide funding for
any of the supplemental programs --due to this deficit.
Thank you for your support of the D.A.R.E. Program, and I hope
you are able to continue it. -
Sincerely,
M 1 am Ph.D
S erintendent o Schools
MR/hn
r�11 191
INDEPENDENT SCHOOL DISTRICT NO. 279 ;t1?�t+f
Educaticnal Service Center, 11200 93rd Avenue North
P.O. Box 327, Maple Grove, MN 55369
Northern States Power Company
Law Department
Gary R. Johnson
414 Nicollet Mail
V" President—lav`'
Minneapolis, Minnesota 55401
Nava M. WWmftn
Telephone (612}330-6600
SGCWAry
Fax No. (612)330-7558
C I A. Lwrranoe Jack F. $Wmim
Dwecbor—taw Diraaor—Law
Wr1Mr's Direct Dial Number
330-6648
May 10, 1991
TO MUNICIPALITIES AND COUNTIES IN NSP'S
ELECTRIC SERVICE TERRITORY:
Re: Minnesota Public Utilities Commission
Docket No. E-002/GR-91-1
=• \-I c..
AMxneys
Cons R. Sommers
Ralph S. Towbr
Joseph D. Bumaw, Jr.
Slaphen C. Lapaoal
Harold J. Bagley
James L. Allman
DonnNlda L. Rice
Cheri L. Brix
Mich" J. Hanson
Michael C. Conmily
On January 28, 1991, Northern States Power Company ("NSP")
filed for an electric rate increase with the Minnesota Public
Utilities Commission ("PUC"). The Commission has referred
this filing to the Office of Administrative Hearings for
evidentiary and public hearings.
In accordance with paragraph 4b of the Commission's Notice
and Order for Hearing dated March 11, 1991, attached is the
notice of scheduled public and evidentiary hearings to
be held in this proceeding.
If there are questions, feel free to call the undersigned.
DAVID A. AWRENCE
Director - Law
Attachment
n Mt 1() '91
M ,-I
PRICE INCREASE NOTIM
HEARINGS SET ON NSP'S
REQUEST FOR ELECTRIC
PRICE INCREASE
Pnbtic harinp are aes.duled oo Northern Stara Powe CocWsWs raguw hoc aur deerrk
prior incase Any NSP dactric 0sa0mer May appear or maim a —,— m the harinS& lira arc
inked b address OoveQm such a the adaQ WCY erd quality of MP's a k=x w VfR. th k%* of grips
R olh! Maud marum Ym do aw used to be rapreeebd by m aaofegc The burow wM be
ilwoes"ay MoOtWlde0 ,Thursday •
Si Patti
May 22, 1991 Cbepp ma Cry tit Bowe May J0. 1991
mmmom PUC
7 pm 09 N. 11th SL 7 paL -
Aaoeeian Carer Bldt.
511.34
Alvd.
Thursday SL Ckx
uuoo E- �
May 23, 1991 Cky Han
750K%H
7 pm ROD Secaod SL S. wideeday
Vi'iaoaa
11221c 1.1991
Cry H4 Third Flow
TYNdry Miavaapolis 7 pm.
307 Lab)we
May 21, 1991 iimocpia Qy Gov C2r
Sam Gwai Swire
IX Pm Auditorium lioad+Y
Nceth Maekaso
3100 S Shah SL J m= 10.1991
Baa Wsys Go" In
7p=
1111 Rage Sc.
%W-Sdry ams Rapids
500 KWH
May 29, 1991 Nonh Suburban
5 39.99
7 pm Amity Savior Gtr
)000 KWH
1123 Coon Rapids &vd.
709"
Evidmsiary bearings for presmacioo of tormd direct tatiatooy, rebuttal and aurebtrtul
smmwway, and mmcmmmwon of that testimony ate eebWukd for Wednesday. June 19, u 9 am, std
dters fir as needed. 9 am L&W Haring Room. 7th Floor, Amawu Ceuta AmIdmg. 160 E IldlM
Blvd., Se. Paul, MN 55101.
lafor mmum about th pubK and avidcuiary barinp may be obtained from Admimsred e
Law Jud"{ R;chsrd C. tics, Minaesom Office of Adcamixtradve Heariap, 300 Floes Ert hmp
/uilditsg. 310 Fourth Meme South Miaoapo" MN 55415.
NSP ba asked Or Mioaesaa Pubic Lkgz es Commiaim (PUC) for a 1.1 Ve m (S9U
mtlion) masa m elm w revmua Pan of that toa1. a 3.94 petmt 8719 million) interim price iaaast
is now refitasd im euaomm' bilk, subisa to refund.
Tar public barinp .ill provide am opp army for atetomes and ahes affected by the
prolnesd ieatase to preamt ibm vies to the Ad=wu ui a Law Judie and the PUC.
Rsrdee4W
Adage Mashie, So
Ust
Prase *t
Ivawim
Psepeaed
230 KWH
516.10
517.06
511.34
S00 KWH
34.70
316.76
17.11
750K%H
419.90
52.76
33.33
1000 KWH
64.90
61.76
49.1'1
Sam Gwai Swire
Use
P
leseris
rrapeud
500 KWH
$ 36.10
5 39.99
5 39.21
)000 KWH
67.00
709"
71.97
2= KWH
127.40
134.97
137.33
C.aaal Sav1ce
IJ &T*m&&d
reum at
howim
Pwp.hd
MwH/KW)
10,000/50
5 629
5 666
5 677
30.000/71
1 J342
1,422
1,455
a0Q000/1000
17AM
1t,653
19,141
NSP REQUESTED THE PRICE CHANCESDESCRISM ABOVE. THE bawmO7A
PUBLIC UTIISTffS COMMISSION COULD EITHER GRANT OR DE.N'Y THE REQUESTED
CHANGES, IN WHOLE OR IN PART. AND NOGHT GRANT A LESSER OR GREATER
INCREASE THAN THE ONE REQUESTED FOR ANY CLASS OR CLASSES OF MM VIM
If you vasa more information above this iaasase, aomaa the Mitmaota Public Udbucl
Cammissiim 7th Floor, American Caata Building 160 Fist Kek"g $wievwd, St. Paul. MN 15101.
You aur rum— the mfortmarioo NSP wbmkad b the MPUC dumas ootmal buooae
(total Q: the D[partmem of Public Service, 790 American Curter Building. 160 Ean Kdlou Blvd.. St.
Paul sad u Northam Sates Powe Company offices hoeated u 414 Nimlle Mall, Miaac:polu; 2302
Gat NoMan !rive, Fargo; 421 Wabuts St.. St. Paul; 125 Ria St.. St. Paul: 1700 E. County Road
E. Whist bw Lahr. 30M MaxwtU Ave.. M-po, ; 2763 Fast Ave.. N.W., Faribault: 3930 Pepin Ave..
Red Wing: 3515 Third St. N., St. Cloud: 3050 Service Drive, Wb ma; S00 W. Ruud St., Sioux Falls;
4501 btth An. N.. Woo" Cease, 5309 W. 70th Stree, Edina; 210 Lac SL-, Mankato; 5305 Cavy
Road 19. Sborrwcod; 1505 Waxhinpsaa Ave.. Monweideo; and 3115 Cetus Pouac Drive. Roeevilk.
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INDEPENDENT SCHOOL DISTRICT 284
Wayzata, Minnesota
MEMO TO: Members - Secondary School Facilities Task Force
FROM: David R. Landswerk, Superintendent of Schools f
DATE: May 9, 1991
SUBJECT: PROGRESS REPORT
No, you haven't been forgotten! At our last session on April 1,
1991, I said that the Task Force would have at least one more
meeting after we had gathered survey data on the community
preference between the two basic alternatives being considered,
i.e. a third junior high or a replacement senior high.
Decision Resources Ltd. has been retained to conduct this survey
and they are presently working on details. The survey is expected
to be conducted in late May and early June and Decisions Ltd. is
scheduled to make a formal report on survey results at a Board work
session on June 24.
I'll send you the results immediately after the Board has received
them. We should then set a final meeting date, probably sometime
in July, for discussion and any final task force recommendations
that seem appropriate.
Thanks for all your help on this very important matter. We may
still need your support and assistance later on when we present
this information to the community as a whole.
22-116
May 8, 1991
Mr. Ken Evenstad
Chairman, President, and CEO
UPSHER-SMITH LABORATORIES, INC.
14905 23rd Ave. No.
Minneapolis, MN 55447
SUBJECT: RECYCLING PROGRAM
Dear Mr. Evenstad:
This will confirm receipt of your May 2, 1991 letter regarding a future
Upsher-Smith Laboratories Recycling Program and requesting an explanation
of the City Recycling Program.
I recall the conversation and I was the individual who talked with your
employee regarding the Recycling Programs. Paragraph Two of your letter
states that she was told that "The City of Plymouth does not participate
in corporate recycling and was referred to Hennepin County with no further
explanation." I believe the employee which you refer to has misinformed
you about our conversation as I can assure you she was given an in-depth
explanation which I would be happy to again provide you.
The City of Plymouth in response to Federal, State, Metropolitan Council,
and County guidelines and requirements begin a Residential Curbside
Recycling Program in April of 1986. As part of that program, Hennepin
County provides an incentive to the City by providing up to 80% of the
total program costs in return for the City's adherence to County
guidelines and meeting County collection goals. One of those requirements
is that the residential collection program collect from single family
through four-plex housing only (this was recently changed to include up to
eight-plex). In the event the City incurred expenses by virtue of
collecting from other than those sources, the County would refuse to
participate in the added costs resulting from such additional collections.
The City, in order to fund its portion of the Recycling Collection
Program, levies a $1 per month per household charge on each residential
utility bill. Hennepin County, than, dictates who the collections can be
made from, what tonnages must be collected, what items must be collected,
and how much money they will provide to support the program.
Hennepin County, in addition to the residential program through the
cities, has a Commercial Recycling Program and a Multi -Family Apartment
Building Recycling Program in which they work directly with those entities
to encourage Recycling Programs. While the City representatives are
willing to help provide advice and information in any way possible, we
cannot provide you with a Recycling pickup service under the current
circumstances.
�,r�,► 1(, 191
rim. 1"ti�i
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
�.- \1 C...
Mr. Ken Evenstad
May 8, 1991
Page Two
The philosophy given by Hennepin County representatives is that the money
saved by virtue of the tipping fee avoidance on the reduced garbage should
wash with any additional costs involved with picking up the recyclables.
Therefore, companies should work with their garbage hauler to provide
Recycling services.
I sincerely hope that this explanation is satisfactory, however, if there
are any additional questions, please do not hesitate to contact me at any
time.
Thank you.
Sincerely,
Qhh J. P410f
Project Coordinator
RJP:kh
cc: Fred G. Moore, Director of Public Works
Daniel L. Faulkner, City Engineer
Frank Boyles, Assistant City Manager
c,,im t=irk' 16'91
L shcr-�smi[h Lak-uauirics. In, Kenneth L. Evenstad Chairman, President and CEO
Innovative Pharmaceuticals Since 1919
May 2, 1991
Mr. Dick Pouliout
Project Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Pouliout:
Recently our company has become interested in recycling our office waste; as you can
imagine, a company of our size generates a significant amount of paper and corrugated
waste each day from all departments, and we are discussing ways in which to be
responsible members of the community and recycle all waste possible.
When one of my employees called the city of Plymouth to gain advice on this issue and
set up a recycling program, she was told that the city of Plymouth does not participate
in corporate recycling and was referred to Hennepin County with no other explanation.
Both of us were extremely disappointed that this service is not offered by the city in
which our business is located; many of our employees also live in Plymouth and pay taxes
to further such programs that are beneficial to us all.
I would appreciate a more complete explanation of this matter.
Sincerely,
UPSHER-SMITH LABORATORIES, INC.
ken(enstad [[[
ras
UPSHER-SMITH
14905 23rd Avenue North Minneapolis, MN 55447
Tolnnhnn61�-G7�.4G1? Telax# 6502644714 FAxtt 612-476-4026
amemo from: �;
GARY WALTER
S/g /� J
1107
,�u.�-� f uK-�- o , n�- � ,G.;1
( 991
May 13, 1991
Mr. Bruce M. Batterson
Faegre and Benson
2200 Norwest Center
90 South 7th St.
Minneapolis, MN 55402
Dear Mr. Batterson:
PLYMOUTR
I am writing regarding the Community Development Grant Application related to
the Carlson Marketing Group, Inc. acquisition of the CVN property at County
Road 6 and Xenium Lane. City Manager Jim Willis informed me that you are
finalizing the application and I recently received a telephone call from an
unidentified party with a State agency who inquired about the zoning. That is
the subject I wish to address with you.
I find that we are not aware of the specific use of the building as proposed
by the Carlson Company and that information is basic to verifying that the use
would be consistent with the Plymouth Zoning Ordinance. The information
provided for public review so far indicates that the proposed use would be
comparable to other Carlson Company operations and verbal information received
over the past several months indicates that operations would be comparable to
the CVN/QVC uses that have been in the facility.
At least one contact has been made with members of my staff by an architect
representing Carlson Companies and the concern at that time was whether there
would be adequate parking on the site.
I need the following information so that I may assist you in verifying that
the proposed occupancy is consistent with the zoning and whether any
particular zoning approvals are needed:
1. A concise statement of the actual proposed use or uses of the premises, in
terms of office use, manufacturing use, and warehouse/distribution use.
2. Please indicate approximately how much of the available floor area would
be used for each use.
3. Please state how many persons would be employed on the premises at any
given time. It would be helpful if a maximum occupancy could be
projected, but at least indicate what the peak occupancy would be
initially. This includes the employees of other firms who would be
tenants in this building once you have acquired it.
The purpose of this information is to help you verify the appropriateness of
the zoning and whether there are any local zoning approvals that are needed.
I will be able to respond promptly once I have the descriptive and
quantitative data.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. Bruce Batterson
Page Two
Let me know if there is someone else that I should contact or if there is
information we could provide to you in order to expedite this.
I look forward to working with you and the Carlson Marketing Group, Inc.
Si cerely
Blair Tremere
Community Development Director
cc: City Manager James G. Willis
File
(pl/bt/batterson:jw)
i tf '91
May 15, 1991
Thomas and Christine Rossum
1745 Evergreen Lane
Plymouth, MN 55441
Dear Mr. and Mrs. Rossum:
In 1989 the Plymouth City Council became aware that several
residents had constructed basketball structures within the public
right-of-way, generally at the edge of street paving. The
location and orientation of these basketball structures
necessitated the use of the street for playing basketball. ;This
practice interfered or potentially interfered with the movement
of traffic and placed individuals using the street right-of-way
for playing basketball at risk.
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 City Council adopted a policy (attached)
relating to the placement of basketball structures on March 6,
1989.
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.
This letter, as required by the policy, is your 14 day notice
that your basketball structure must be removed by May 31. You
will receive no further notice of this action.
I have been informed that your basketball structure can be rolled
back from the street when not in use. Plymouth City Code Section
800.27 states: "No person shall place, erect, or construct any
structure in any street, boulevard, or right-of-way in the City
if the structure causes or is likely to cause people to use, or
play in, the traveled portion of the roadway." There is no
problem with you using your portable basketball structure on your
property, but it cannot be placed so that play occurs in the City
street or right-of-way.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000
Letter - Rossum
May 15, 1991
Page 2
Please call me at 550-5014 if you have any questions.
Sincerely,
Laurie Rauenhorst
City Clerk
cc: Tom Vetsch, Street Supervisor
Frank Boyles, Assistant City Manager
ir— %1jf%..o
, 1 ,MAY 16 '�
PROCLAMATION
WHEREAS, Loren Menkin has been named Miss Minnesota National Teenager; and
WHEREAS, the people of Plymouth are proud of Ms. Menkin's accomplishment and
the fine qualities it exemplifies; and
WHEREAS, our community strives to foster these qualities of leadership, commitment
to community and academic achievement in all young people; and
WHEREAS, Ms. Menkin will represent both the State of Minnesota and the City of
Plymouth at the August 17,1991 national competition in Orlando, Florida;
NOW THEREFORE, BE IT RESOLVED that I, Kim M. Bergman, Mayor of the City of
Plymouth, do hereby congratulate and commend Loren Menkin on her outstanding
achievement in being named Miss Minnesota Teenager and extend the best wishes of
the Plymouth City Council as she represents our city and state during the next year.
THE CITY OF PLYMOUTH PROUDLY CONGRATULATES
LOREN MENKIN
Nfiyor
°g1
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000
May 13, 1991
Loren Menkin
915 Brockton Lane
Plymouth, MN 55447
Dear Loren:
0
CIN OF
PLYMOUTFF
=- N-1
Congratulations on being named Miss Minnesota National Teenager!
Your offer to speak to groups on behalf of the City is
particularly generous given your busy schedule this year.
I am providing your name and phone number to our Public Safety
Director. One speaking opportunity that comes to mind is the
DARE (Drug Abuse Resistance Education) Program which Plymouth now
offers in the exit grades of all Plymouth elementary schools and
Sunny Holly School in New Hope. We feel that this is an
excellent program, and your accomplishments are a fine example
for the young children of the community.
The following are a couple of community groups that you also may
wish to contact for potential public speaking opportunities.
These organizations contact the City on occasion asking for a
guest speaker:
Plymouth Optimists - Donald Frank 341-2222
Orlin Julius 559-0155
Rotary Club Plymouth - Harry Dean 559-9171 or 475-3490
Kiwanis Club - Tom Mark 476-3811
Plymouth Lions - Mayne Woo 559-9501
Eden Prairie Lions - Bob Pemberton 550-5103 (Bob is a Plymouth
city employee and could make the arrangements with the Lions
President).
The City Council and I extend our best wishes to you in the year
ahead. We'll be cheering for you when you head to Orlando in
August for the National Teenager competition.
Sincerely,
Kim M. Bergman
Mayor
Enc.
cc: Dick Carlquist, Director of Public Safety
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000
May 14, 1991
Tom Kline
Waste Management
10050 Naples Street NE
Blaine, MN 55434
Dear Mr. Kline:
I have received a second complaint from a Plymouth resident
the hours of your firm's garbage collection service. The
resident previously stated that your truck is coming to the
de -sac on the south side of Balsam Lane near 38th Avenue
consistently between 6:00 and 6:30 a.m. on Tuesdays.
about
cul -
I sent you a letter on April 9 notifying you that garbage hauling
in a residential neighborhood before 7:00 a.m. violates the
City's noise ordinance. You did not respond with how you will
address this problem.
The problem has continued in this same location. The resident
states that for about two weeks following her call to me the
hauler came around 7:30 a.m. Then for the last two weeks the
hauler has arrived at 6:30 a.m. or earlier. The Plymouth City
Code Section 2005.01 (4) specifically addresses collection of
refuse, rubbish, or waste materials between the hours of 10 p.m.
and 7 a.m. in the City of Plymouth.
Please let me know how you intend to address this situation.
Further complaints will be directed to the Public Safety
Department for enforcement of the noise ordinance. This
complaint will also be brought to the attention of the City
Council relative to your licensing in the City of Plymouth.
Sincerely,
0
L rie Rauenhorst
City Clerk
cc: Richard Carlquist,
City Council
1991 Refuse Hauler
Director of Public Safety
License File
4 1�'g1
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 i.�_+ t�n�.�
April 9, 1991
Tom Kline
Waste Management
10050 Naples Street NE
Blaine, MN 55434
Dear Mr. Kline:
ciry of
PLYMOUTR
I have received a complaint from a Plymouth resident about the
hours of your firm's garbage collection service. The resident
stated that your truck is coming to the cul-de-sac on the south
side of Balsam Lane near 38th Avenue consistently between 6:00
and 6:30 a.m. on Tuesdays.
I have enclosed a copy of the Plymouth City Code Section 2005.01
(4) relating to noise. Please note that the ordinance
specifically addresses collection of refuse, rubbish, or waste
materials between the hours of 10 p.m. and 7 a.m. in the City of
Plymouth.
Please let me know how you intend to address this situation. I
would appreciate your cooperation by reminding your drivers that
pickup should not occur in City of Plymouth residential areas
until after 7:00 a.m. Thank you.
Sincerely,
Laurie Rauenh rst
City Clerk
cc: 1991 Refuse Hauler License File
City Council
3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000
MICHAEL P. GALLAGHER
ATTORNEY AT LAW
810 1 ST STREET SOUTH, SUITE 150-1
P.O. BOX 338
DAROL EBY HOPKINS, MN 55343
PARALEGAL 935-0701
935-0365
May 6, 1991
Val Krisko
License Clerk
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Gallagher's Liquors.
Dear Ms. Krisko:
Please be advised that Gallagher's Liquors, 11331 Highway 55, Plymouth, has
ceased doing business as of April 13, 1991 and all insurance coverages have
been cancelled as of that date.
Sincerely yours, si,Jr
Irl
Michael P. Gallagher
MPG/bt
;Its+ M116'91
V L I Y I U I' !� G I V� I V I V V V ,I L V i I✓ v I r ✓ �✓ .r � - -
CITY OY
MAPLEWOOD
1830 E. COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109
FINANCE DEPARTMENT
MEMORANDUM
TO: City Managers and Finance Directors
FROM: Mike McGuire, City Manager and Dan Faust, Finance Director
City of Maplewood
RE: MORATORIUM ON BUILDING PERMITS DUE TO LEVY LIMITS
DATE: May 15, 1991
612.770.4510
It is doubtful that the levy limit formula will include a growth
adjustment factor for property taxes payable in 1992 unless all cities
affected
antion additionlFor al tax levy eof Dover $100,000 per yearthe annual growth adjustment
factor
On May 13, 1991 the Maplewood City Council considered a moratorium on all
building permits for new buildings to bring attention to this issue.
Attached is the agenda report which provides additional information on
this issue.
We urge you to consider recommending to your Council similar action.
Although an actual moratorium on building permits would probably be
impractical, merely the discussion of one may be sufficient to cause
developers and contractors to lobby the Legislature for reinstatement of
a growth adjustment factor in the levy limit formula.
please feel free to call either one of us at 770-4500 if you have any
questions.
tmc
Attachment
Equnl OppOr=1ity Employer Epx M►�V 'a j
=- nJz',
AGENDA NO. In— /
AGENDA REPORT
TO: City Manager
FROM: Finance Director
RE: MORATORIUM ON BUILDING PERMITS DUE TO LEVY LIMITS
DATE: May 13, 1991
The compromise tax bill passed by the Legislature and vetoed by the
Governor eliminated the 50% residential growth adjustment factor in the
levy limit formula. For Maplewood, the residential growth adjustment
factor allows an additional tax levy of over $100,000 per year to
partially compensate for growth in housing and population. It is doubtful
that the growth adjustment factor will be added back to any final tax bill
that is passed because of the concern over potential property tax
increases.
A few years ago the tax adjustment for non-residential growth was
eliminated. If Maplewood cannot levy additional taxes to finance all of
the City services required for new developments, why should we continue to
encourage growth? If we continue to promote growth, it will result in
cutbacks in City services to existing residents and businesses because the
levy limit law does not allow a tax levy sufficient to finance services to
new developments.
To deal with this issue, it is recommended that the City Council direct
staff to research the possibility of a moratorium on the issuance of all
building permits for new buildings. The purpose of this would be to
obtain publicity on this critical issue and -hopefully entice other growing
cities to do the same. It also, hopefully, would cause developers and
contractors to lobby the Legislature for reinstatement of a growth
adjustment factor in the levy limit formula.
tmc
C11"1,1'91
'=-%*I rr*.
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: May 13, 1991
TO: Councilmembers
FROM: Kim M. Bergman, Mayor
SUBJECT: CHARTER COMMISSION
I have forwarded my comments regarding Charter Commission
applicants directly to Judge Levy. I find no useful purpose in
meeting to discuss any applicants' qualifications.
In my opinion a citizen's educational background, or history in
Plymouth, has nothing to do with who would make an acceptable
Charter Commission member.
May 13, 1991
Sheriff Donald Omodt
Hennepin County
Room 6, Courthouse
Minneapolis, MN 55415
CITY OF
PUMOUTR
= -�14a
SUBJECT: COMMENDATION CONCERNING SERVICES OF HENNEPIN COUNTY
WATER PATROL
Dear Sheriff Omodt:
On May 9th, a woman who was visiting in Plymouth on business had
her dog run from her and end up stranded in a swampy area near
Highway 55 and Dunkirk Lane. At first, the dog did not respond
to the owner's calls. But, after approximately two hours the dog
could be heard barking and howling in response to the owner's
calls.
A request for the Hennepin County Water Patrol was made. One of
our Community Service Officers spoke with Deputy Cliff Schmidt
and explained the problem. Deputy Schmidt and Deputy Steve
Labatt both arrived within 20 minutes.
After putting on cold water diving suits and receiving some
equipment from our Community Service Officer, the Deputy's waded
out into the swamp. In some cases the water was chest deep.
After following the whining sounds from the dog, they rescued it
and carried it to the owner.
The dog was not injured - only scared! Thanks to the Water
Patrol, and especially Deputy Schmidt and Labatt, the owner's
were able to sleep that night knowing that their dog was OK.
Please pass along my thanks to Deputy Schmidt and Labatt for a
response above the normal call of duty.
Sincerely,
w
Richard J. Carlquist
Public Safety Director
Plymouth Police Department
RJC/sb
cc: James G. Willis - City Manager
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000