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HomeMy WebLinkAboutCouncil Information Memorandum 05-16-1991CITY COUNCIL May 16, 1991 wom i'd 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 MAY 1� '91 a� '1�•r ' H of 0 o ,.y a tr- Cs N N r �y O U V V �� w o v a N N O U N o H 7 C N O O O � d 'x 0 - U 7 O U ° n a❑ o d 0 C G > O in �� O U v x E w. C d_Od �� .0 oz p E'C I �(n A 7 N1� C. 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G n ��a ��(qQc m5'� c]?'C)��CD n S. cn aoE<m °cy- o°0n x� �aQ5Qa. <n0.n oNxovc?.9 (a m Q 5 n n< o (D] c p cD 0 n m< N a 9 1 �O trQ 4 N qQ Q n -Q Q m Q O O C G (4 °N°° m Q O CD O O O D m° O C Q O `� � 5 dm o m0.a aQ o q (4 U ti0 G N , G (D G (p (D G (q 4 4 cD G] p ]_ n 4 Q + ui N n G Q (CD ° W N O n q a o a 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 T � O N aw.aftrew"A EIKE\ IN' 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. Q� wA F 1 t -'� MINNESOTA CITIES / APRIL 1991 21 C �►� �►t to pfti 1r.',9 �; Y Q a LL w T r (D r N Cl) 0r r N Cl) tnN�tD CV x F- T: °TN .a z H Ch O r N pp N m O N M Z U o Q * ro z W �z $38. cflgw° cr) o N 0)a T N CO z Z a 2 z Z zo O ¢� �I a a E E z ¢ 8v�8U ate. 8080 E" U LO N 0) r CO `o r- r N N Q O a z M z a {3 °w e z e �g0 ToO C\1 OD N O.. i " �1 COQ`""::::: r N N i i i N CA CO N w —Cou)�@ U- P— &D m tnN�tD CV � F- T: °TN Ch O r N pp N m O N M U) to M N N LL R r N C1 3 M— r N p Q N On 'D N M C�'3 MAY 16 '91 } Q 0 Acc z_ U} a a� U) w UZ z UO } Q w U~ N 10) I� IN U) t0 c N N N N uI � 2 � N N CC) N Ch O T V j 3 N M NN M I'D t2 t2 N N N r r N N h V E M N ~ N Z C7 Q' z zo z Z Q� a 5 C. :2 c c� N8v so N lU') O D Q �z Cz r Oco LO r. T N IL v ts:;:: l Yom.•. N 10) I� IN U) t0 c N N LL uI � 2 � N H N Ch O T V j 3 N M NN M I'D t2 t2 N N N M 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 e� e- r- z N i 1 W O 1 1 d w 1 1 W O m 1 1 ILD ICE An F- 1 1 O a 1 H cn 1 1 z J p 1 1 O d W I 1 7_ > OC 1 1 0 1-- 1r - t -4 N I I J OF 1 1 4 w 1 t > K 1 I J I c- 1 r- d 1 1 H 1 1 O I 1 1- 1 I r, u1 w V K UI N K W f: O H N U n r N r W I cn J s_ I 1 d 1 z I N 1 1 w = Z i U 1 I 1 H N 1 Q N I cC 1- H ( LLI r 1 > I N J H 1 [L in 1 J r I d LL- 0, 1 l9 O \ I W V1 J r N w 1 1 1. 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H H W uJ w 7 111 H H w O 1 3 J J ao w u) T N w N Q 1 i J 1 U 1 1 N 4 lJl a V u u F u 7 7?"• _) A tr � n N I N S N In [n N .xi In In .•) z Z z z z 7- z 7 C) � LLI 1 ti N Q H Mi r1 1a H H H H luw ul I J lu Cr J J J J J J J J Cr .p A l !L 1u Ua O. U a fL M2 0. Z 2. i, ,- i 2 i. ?. N rn I U N ifU V u C1 V U U lJ D 7 a l a Z U 7 a a rt rL a r* n 7 !� Y I uJ . • N S 111 1{1 ,1 Ill 1-• 1 J rK J J J J J _J .1 J rY 1Y 1 771uO:7 U 1- .J rr S Z S 1 H f' is H :s 1 111 ,f K w w u1 ul uJ 1u w u1 :n N In 4n 1> 1 aJ N ►1 LL 11 Y LL LL LL ll ,11 .J •t' 1 :l .S •T X11 111 '11 L Ill I 111 •{) f1 n rt fY' N O J 1 M 1 11 f � M •l, 11 ti rl a;) 'C) Y.. f• f•I I .-- , f 1 A 1 w >'i a 1 Cif LL i J 1u f rc I w lu u{ ly1 { 10 w 1u Il: 1� <� Al • M 1 V 1 H t a H M H r J' z n 1 ¢•x � 4•[•,[•[•[•ta •[ a u1 3l v 1 Y Y rrY 1f Y Y V `[ Y Y -Y 1 •1C H J 7 CL O_ ft' ar rY K Cr 11: J I •Y .a f;)a •c t a •S •L a 4 � ;� I O 0. C1. d 4 n fl R fL a p 1 IJ 1 •f fJ Q J J J J f J J 1 ul fV � 111 J w w I r V M 1 T 1 M V) • O •O O n 1- P r, w W 1-I- 1OJ OOO r"OO JC7U Q M n a z 1 \ \ \ \ \ \ \ \ \ \ \ \ t' C W I In 'A In Ih N In IA 1n V1 V1 V1 1n 7 /-- 1 0:3X30 or7OO OC., Q z nD a Inn f1• n � N J n N I , C3 C:) p 0 1 C)00C3 �1r�ocJoo 1 w o,:.)0QOO a i i I C Z'� [T 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 =.s b w w u cl 3 0 0 a co b b U U U 3 '~ G oC4 .y N M CIM M V 16 `° 1 SIC Cn N nx co A MND l0 (- OD cY) W v N N O� Q� A A PQ to LO ON M cy) M rl y N ciO y LO C14 LO ko t— ao M 'T -W • N N al r to of Ol W N M O ('') CV) V' I -W a w U N N CN LO 1 c'') 1 1 �r 1 M 1 1 AAA A LOLO CY)m co N r-4 LO N LO N c� r .-4 O O O mNN i� c'ri r N to r OD N th �r cr A U-) cn r1 cM M N .--1 CoLO Co N U*) ko r co cr) -W W A W Cr cr c� O O O m N se cr r-1 rr a to r- M 1-01 N N a CN a LO LO MMU0 A CY)04 c -i r ►n cn cn N '-i OU -)N LOkDr- OD A M� N t A A A 0N ;M4 F r1LOLO <D (D U-) UjI'll M Nun N �r to l0 r- cm C' 11 to Q� a =.s b w w u cl 3 0 0 a co b b U U U 3 '~ G oC4 .y N M CIM M V 16 `° 1 ROUTE 92A MAP #1 � so J r.m,•r. - yd, r 1 NVNIM - -• �y W NT ��Stu 3n V uj Z W � 4� g o �, CL Z ccO O W�m�r Lcc [�,� >< 2 n3.. o d 3 a 83SIVV O Qi, _ r a<</ .�.0 LO0 �nkW \ / REEK XylN3 OfH 'OOaN30 = Q Of" w1 11� > cL Z "A-r153n s3nf W � �� by �� y ONO 0 0�1� 'v1{' N'r �►- 10� ' a yl� OOOM IIS Dar tiv NOr�� NOr►r > r N IN w w < %V V� flYp = Ly QV N oQI r M3In�r i i f � � um5 � a MN (10 �? Z < •v1 � •uvvo l,� > ,� < •r, p00A1350a 'a0 3� 6J�J N w, OOOM3S0o W� 0 •rl �� �' R:IXS ��� S ao►rvo)"s'A. 'v, 3a1Z x =LU 1 Q� U 3� W > ZOO m1 W o W > 0 s Y c: w W; a��N a. ►� N x Q WnIN3X _ a, > > `•rJ�f11, ui r, v J f < 'N •rl Q, t •v, SI,OdVNNr OC !911 NH3 3HIHSNU39 0 f # -e IN •v., 381HS)+83e w, = 3afHSHa3e � 3 N 0 c5 V1 HS3H0 Y) 321IHS31{0 Z! 3aIdM3 > Z ` • 'N Y, N 9Na33 r °a goo®� L�> > > N 'N 'ri a3I0r,0 w --vu £ > P C < •Y, V YH1Ia N r0rH11 i y1 •V, nv3Nn N V, OOOMTAV, < , < Z� • V �y � r "" v 1 Y OS3N/ylnP iJ va ROUTE 92C MAP #3 S.s ROUTE 92D MAP #4=c PRESENT RT.92D EDICINE (LAKE A�'E )198.0 POP. 419 i j; 2 j y �%�/? �• AVI �iP79RTH - � v �3m - y�L ^ W j � < 4tE ss , SCALE:1/16"=100'"1 1R ' "• a N =� iJ 2 o ;' `L�akf 12th AVE. N %sD z >� �� W J EVC V O 90 o tD o O= `C,'m 11th AVE,rvl N n Z ^/ 10th AVE. N. loth z AVE. N. Ju 9th cc AVE PARK -RIDE W w 9th AYE. N `0 8 �o S SS , .,. �,� 0: A fh .�� SO Z"! ►I sT/y'%� WATERFORD N f �P. R�IcF OUAKER LA. N �\ RID TRE < SERVICE 1st P90P ED RT.92D "� EDICINE 1LAKE AVE ?198.0 POP. 419 lith AVE. N. `C\ /� Off• FLAW H ~ss y _� SCALE:1 / 16"=100' (1A` 1a J 1'3TF " 1a \� > o t�l >� 12th AVE.zz C EY o Q 9Q m o 11 AVE N. = s 14th AVE. N. ioti<. AVE. N. Q O 00 z W 9th o10TH ^> AVE. N C)= PARK -RIDE a: Z< 9th AVE. N o 73 N. W O C:) 0 AVFh �`'�o� SOSF sTy�� WATERFO D uj V, ! OUAKER LA. N• >� vl,�,�g lk��� �O + 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. f� M, F151!1 � T T GOTT C�.� m�•' V GG OCdCyCd �c� m7wa=t;�a wOLy3co -o ca�wa„L�°��� Ev�c a3 `z oay nc :( OF mLdvE °°Jnv Nd °cTun c-nv Y L -d d3- f.+a'-u D C '7d 9�'� O «; E>YoacE a oL-z'>Y �Yc °uEcoC�cc°, m Y�E .day o> oda=a�E-3-aa`u $°GhLuw L YmYo c j'i Yiie - ec:: c" «y imp EA 72 o$� u�cGYYj r earsw-a w egia oded�ad ccm _ ^ac E:�e� icYCY YoPLo��•'�du3 3v9oco aGY _T4�q�Vs9_G L ELY m�uJWC nLU LC3 GC aZ'EYpYp �OON�d° 000 p. V+w�ye�{!'wy CQ w.LnC�eC rl �..° E a.V+LJ�-e > > a E cmyY cEo G c_ w _ e .104�dwc 5`s�c o >c -YL.EY �4 o°Cy '°w ..c .h GOA V G C.V+wt9g.3 V�'qG OEGC aY 6y aEiEa° eo cQ> mEpcee>y=w =o -o._- a. 9ndwwwn-e d-.cmY eEY =ec-«■ o='L3. 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SCY`uC CV CFYSr L-L.-9CLe Y Y>CC T2SC7 OV CE w 1� r•� XSy XpiC C` E��O�Cy'Ei QY•r 3ugr3L°• �Yc!tVSET-CO r M`-. yu .cam or - u E Vi o.,8 L a_- V•u�oD a: yymv�E Ye Lu.. 3 � �1�) Eur-'t�Ec`=_ .D ;$JUS •rc ;? ;So Z�oc$° `O l 1� y i o. E'u E g` V: c Z E E w X c c ., Iii • J»: TL_ 0° 6 0 5 0• Y Y, V Yi ; O L , v C Q^+ ESO E= avva c`u >n.ucE-C+c acne ou of T. v�■. .� .tgoQrn$=c-E c a.Dw:w-c .°._ oy '� O ^ >+r 3 5 p uEwm°ti�n�QE•=pc-EN vYu' 3Ey-�5u�=•« c•- F�+ytiM • >.uuue=G .'°s= Ni Xu�>YEiE Q_E'.vE�$LV ESS c�pvE •0.'. �ys;9a:->'n°ct Z6��uu ms' au.. u. �. o It E:: �°. ^°. L 3 V --c o -mg o 2D: o uX aYi u 30 ci�� r.Kr! 1 ,,,'q1 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. A H z w z as 440 wa pw w x tx � Ha wx H O z >+ a a p w O W H H i4 H z W p H U z H p w E-4 O a w x w O W a H p O O O O O O O O O O O O O O O O O O O O O II O W O O V?V}V}V}O V?V?O O V}V>O V}V>V?V?V?V.V} II O E-+ m .-{ a er r-1 fV d' lD 0 lD Vt V? N H O 11 O (N V} V? M II lD H Vi N V} II N N U) 0 11 W a II w O 0O000000o0o II n `" 11 `n aHWp u z43w ZD zaH -qt ln.-4OMd'lDCD LnerNOON•-4%DC> -4 Nr-f� II 0 .� .1 N N E 11 N O II H 11 mm-, C>"'nL,00NNOON0000�40rn 11 P1 W .4 r- .-a •-1 N II in � II II II w p .-ItDOO HH4 -1(DLr) N 000OH%DC r rH 41W II r� W M.4 N II f£z cr, n H II U p II (, II .1C> IDwD IoOtoNOMtD000m(D C> Co -4M 11 O O M II 00 er II .1 N II HO m00r-1000%0x4 -10 O0NH II O O H N N 00 II -4 O O O lD N O '-4 .4 O O O O tD O O MOOOOM001nI_ OOOtDON O 0�40404 4 II N II II II Ln M O O N N -4 O N O N O O N O.-1 O pH N N II 11 II II 11 n II tl a acn w w w w z M) to w 0 z C7 0E -40W U W U U W 04cn04z0 z �nH>4wwHw aD:::)H4 nzwcnwa ar- H H 4aazU •aHaxUW=>IX >W r-7 W Z4"::)HC7HUE-4H 0HaHw a HWz0 E-4 PW W=>W>'x w c71x 3cnz°vw IZH0 ZE-l5w Ux Qp pH wEnLZ4cn -Hto0� toIZ4HIZ ZCZW4 UZ&a>4 w aw ww a cn H awaaw wuacax x H Z W Uax cnE-40 IM 0 CQHaH 4 H 4 Z H 0 P Ww HHHHCXDOU O >WWW40 <ax UMMOmx ►-+D H4Hxaax�z000WH 40H4 Ix a0HOUwWHZHaazzzz�Wa� aax0P4W P4 nHMW0HHH1--4 z t- oo oo n *=• %3 ov -4Ln0 o,ercrooLn a)-4riNer 0 H (n �ao 9T4E-4 0 0 Z H 4c 4c aEn ►-� a cn 4u a4 to a 0 aha U� Dwtn�►-+ OU w 0 W -Vim V^,!; 16 '91 .-1 N tD lD M Ln .-i O M r-1 fV d' lD 0 M N ONO totoO 01 .-4 .-i N lwt .-a O N t/> 0 H (n �ao 9T4E-4 0 0 Z H 4c 4c aEn ►-� a cn 4u a4 to a 0 aha U� Dwtn�►-+ OU w 0 W -Vim V^,!; 16 '91 0 0 0 N N M 0 0 CD Ln Cl tD d' M N eM 1"4 Ln %D I", N N M rl "i -q -4 d' tD N N -4 -1 M N .-4 r -I .--1 r-4 0 Ln r V? i— `'05 O•-+r-oo0 C1tnM000 m m V-4 N d .-I O p o H W o II E-1 o � CN M o H U1 E cn (n O H O M . -I ri .- i r1 II r- Wa � d' M r- O 00 w mr4enL1LI) O to -1 Ln II E p m r - EO O xHw •-+ W w caa rn �wv� W m Z:) 04 u .� z u H II a E �cAaW H Z a O H E •• (!� M t� to W z E W E4 a cn cn O z H v1 p E V1 w W z w E z W w H w pppH4wZwwww H 4EaazEU-aExxUcnxrxw>U) u)U`a� �wE a0 a cn •• cn x O a wzcaaHaHcEUE H pHocHw a EWz0 Ewc EnDcn;> w c�a E �cn .. C) p tD N w w a wc� - p OMWUWH p U cna � baa (nHW a p p a W E G*+ WwW w imz= ao=::) p E--4 v� WO w UE OU W W U p W >awwao �G:DC�UvaxO�t1GG H�"7. 1T a E�wtn H W a w EaH a"Zz�EE a�4 aw0P UWwEZEwMZZZZ WO o Ha O OW >4 wx E .moo OJ * * UwE W OCN IM Dz rl N O .-i O to cr a >-(oco I p w O W 0 0 N N M 0 0 CD Ln Cl tD d' M N eM 1"4 Ln %D I", N N M rl "i -q -4 d' tD N N -4 -1 M N .-4 r -I .--1 r-4 0 Ln r V? i— `'05 O•-+r-oo0 C1tnM000 m m V-4 N d I .-I O H.4 '- i -4 N H N 11 N H H O O II E CN o W H O M . -I ri .- i r1 II r- u') r -I � d' M r- O 00 II mr4enL1LI) U) O %D II m r - EO O II Ln z u W u p u H II �cAaW H Z H tWn to W z E W E4 a cn cn O z H v1 p C7 0E -10W UO�UUW am44z0 W •• v� •• w E z W w H w pppH4wZwwww H 4EaazEU-aExxUcnxrxw>U) u)U`a� �wE a0 a cn •• cn x O a wzcaaHaHcEUE H pHocHw a EWz0 Ewc EnDcn;> w c�a w E �cn .. C) a w w a wc� - p OMWUWH p U cna w 3cnzHEn a�EO zEw> x Hp (nHW a p p a pE WU) W -H(n0a-cnaaHa OHzaw�w�wxx DQ9 ow WwW w imz= ao=::) p E--4 v� U a� w UE o HZW Uax MPO �E4ZH0P WImd HHHEtY.01-1)0u 0 >awwao �G:DC�UvaxO�t1GG H�"7. 1T E".e�i E�wtn H W a H4Exaax�aZopoWE a40Ea EaH a"Zz�EE aw0P UWwEZEwMZZZZ WO o z* O OW >4 E aQr�+Oa+tn`.7".a ViH VitnOHHHH zz� E * * UwE W 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 OV�"V�j CIS 4_0 ' F NAS' 16 'Q 1 =• \S U 7 Oq'L7 � L y �. UL ■E a3�° C Ty E L 06 0 O ° L U O oz j *� Y CIO i�j� 3 •� a O =a ?� L o a"i _ y o O cv.^ o�mr y c.a 5 � � aJ c o•= b°'OLS�= \V cva0 — c aJ ?6 > 3 E v u oQa.'Q11 �, c �.� Ij ej w y O °� T'� mo � Cc, d C �? ccc_'' "O E Es v v E " W o C aJ `°o .�` o " a sv yc° ° U U 0 �4L. H� 00, ~ r C, ,0-- 'y E C C 'O a oDG E L > bs C L =.LC. .5— o•C oQ cow 02 0 o �aNJ n c- y ys sig ca c-0•.�'3 E 0-5 V o aJ U O 0 O ^ y. L. T 4. i. > U aJ ❑Q p �N c E� y r °sem E 0 ao E TE.c a qGJ o i 7 U L U_ G �L TCe.. �r.'T��"'t' ° Cd L 7 y y� y Qy% o�y00 c go N0E"tT a E�seJui c" cc �' c> T ♦i/ CO Z z 00 1 y y= ODS ° �'� L 0 L� 0 ° y N CJ C _�.� 3Y o« ceti�.-4^ �c0.0acTirO 1 -may ai s aJ �.� Lo ° y c s c L ao E ^- y o �': s a� c° o��ca 00 p,rcm >`°`�o�b cTJcQ2u60 N C ti .0 7 C L c ?��O U W(U C c0 r- -0 •� tC C'C ° L 3 T L a.a' a ooeo„ 00 c oCa aJ Loo L at „cam•. L > c cw° eD_ CnC w ou��7C oa.. T4J�"'o0 y vi Cat . aJa�°- E y y� °.-• o w K T� y� o L v E 4.. 'C .D O C, U 0 O N 7 " ".r. O d C b« r O` i. .E O=:?�7J ate.° F-rao. Es-�0C Lc ..eJ�.cd Fcacco C.8 oo 00 as �r�.��,� adv .-; cOcex � (� 4] y y t0 C O C cO '� E C4u cc m aG •-• b v O Q O .« o .: > tC0'a' y C •� u y o0 M h o -F, .� .~y.. 4. 6 0, - cc, >, 7 W r 3.—.a L u E 8'"' ,u > c 3° s a m U° c CaJ° ^80� �vw�— �D�O) cs>c.^ 0 - cc -0 uw > E— U=cxss ~�`-w o yb ms O� E cJ'' 75 2cE0 0c-,ye^rdcc > � t V4=. aJcocCc�C-Ccv 12.0 -0 o o'vo" E7.r^'EaCJaa v°G�oco� �i°o���� vi U A. G= >, � aL�iE = b4`"Ooo° �`�Ocao „y�E— p L co..U.. .. 3 c w'C.O C U's 8 d.0 Q �0..� w s y.`r. O� O o'c' °> �' �_ Qg� L �� � E � >. ed c h � s ` u « x+ 0'3 4) cC a H C) b e Zya�u7yF F 0�3cJ"r �apgcoL co 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 $wievwd, St. Paul. MN 15101. You aur rum— the mfortmarioo NSP wbmkad b the MPUC dumas ootmal buooae (total Q: the D[partmem of Public Service, 790 American Curter Building. 160 Ean Kdlou Blvd.. St. Paul sad u Northam Sates Powe Company offices hoeated u 414 Nimlle Mall, Miaac:polu; 2302 Gat NoMan !rive, Fargo; 421 Wabuts St.. St. Paul; 125 Ria St.. St. Paul: 1700 E. County Road E. Whist bw Lahr. 30M MaxwtU Ave.. M-po, ; 2763 Fast Ave.. N.W., Faribault: 3930 Pepin Ave.. Red Wing: 3515 Third St. N., St. Cloud: 3050 Service Drive, Wb ma; S00 W. Ruud St., Sioux Falls; 4501 btth An. N.. Woo" Cease, 5309 W. 70th Stree, Edina; 210 Lac SL-, Mankato; 5305 Cavy Road 19. Sborrwcod; 1505 Waxhinpsaa Ave.. Monweideo; and 3115 Cetus Pouac Drive. Roeevilk. P" "aero n thou ►ewr cum p" MN Eiac m Rea Can r1991-iR .vtaon 10 mammrn ►.ural onty, ftmay 6 V16_X$ 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