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HomeMy WebLinkAboutCouncil Information Memorandum 02-21-1991CIN OF PLYMOUfR CITY COUNCIL INFORMATIONAL MEMORANDUM February 21, 1991 RECYCL WG CASH DRAWERG NO WINNER Next Week: $1,100 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING -- Monday, February 25. Regular City Council Meeting in City Council Chambers. 2. TARGET GREATLAND TOUR -- Tuesday, February 26, 10 a.m., Apple Valley Target Greatland. Leave City Center at 9:15 a.m. We can carpool from City Center if Councilmembers would like. We will leave City Center at 9:15 a.m. For those who drive, the Apple Valley Target Greatland is located at 15150 Cedar Avenue South. To get there, take I-494 south and east to Cedar. Take Cedar south to County Road 42. The store will be on the south side of County 42 at Cedar. We will meet George Hite at 10 a.m. in the reception area of the employee entrance located midway between the public entrances. 3. PLANNING COMMISSION -- Wednesday, February 27,'7:00 p.m. The Planning Commission will meet in the City Council Chambers. Agenda attached. (M-3) 4. HRA MEETING -- Thursday, February 28, 6:30 p.m. The Plymouth HRA will meet in the City Council Conference Room. Agenda attached. (M-4) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATIONAL MEMO February 21, 1991 Fag* 2 a. Town Meeting -- Thursday, February 28. The Chamber is sponsoring a Town Meeting with Lt. Gov. Joanell Dyrstad at the Golden Valley City Hall from 8:30 - 9:30 a.m. She will be discussing and answering questions on the Governor's proposed State budget. The meeting is open to any interested citizen. No reservation is required. A copy of the Chamber's flier is attached. (M -5a) b. State of the City - Community Coffee Break --Tuesday, March 19, 7:30 a.m., City Council Chambers. The City will host a meeting of local business people to review current development trends in the community (M -5b) 6. GROUNDBREAKING FOR P U P S FACILITY -- Thursday, February 28, 2:00 p.m. Attached is an invitation from the City of Maple Grove for the ground breaking ceremony for the new animal containment facility in Maple Grove. The ground breaking will take place at 11350 89th Avenue North (located between Zachary Lane and Forestview Lane) (M-6) 7. PARLIAMENTARY PROCEDURE WORKSHOP -- Attached is a proposal submitted by Joan Kastner, Kastner Concepts, which invites the City Council members to attend a parliamentary procedure workshop at the Prudential North Central building, 3701 Wayzata Boulevard, from 8:30 a.m. to 12:15 p.m. on Saturday, February 23. The subject of Ms. Kastner's Saturday presentation will deal with the "presiding officer." She is offering this workshop as a "sampler" to councilmembers who may wish to attend. After attending the workshop she suggests a follow up meeting with the City Council to discuss the possibility of developing a customized training session to meet the specific needs and concerns of the City Council. Attached is additional information about Ms. Kastner. (M-7) 8. MEETING CALENDARS -- Meeting calendars for February and March are attached. (M-8) FOR YOUR INFORMATION..... 1. LPV PETITIONS -- The City has received the attached additional League of Plymouth Voters petitions. (I-1) CITY COUNCIL INFORNATIONAL NZM February 21, 1991 Page 3 2. ATTENDANCE AT CITY COUNCIL MEETINGS -- Attached is a letter from the City Attorney in response to Mayor Bergman's request that he provide advice regarding the authority of the mayor or city attorney to subpoena council members to be present at city council meetings. (I-2) 3. NOTICE OF CLAIM BY ATTORNEYS FOR LEAGUE OF PLYMOUTH VOTERS -- The City Clerk received the attached notice of claim and related documents on February 19. The claim alleges that Councilmember Helliwell "acting as a Councilmember, and acting with the advice and consent of the City staff, maliciously presented claims to the Hennepin County Attorney's office seeking criminal prosecution of the League of Plymouth Voters and others." Attached to the claim is a letter from James A. Faber, Assistant County Attorney, addressed to Councilmember Helliwell, dated February 14. Councilmember Helliwell also provided the City Clerk with a letter to Mr. Faber from herself, dated February 19, responding to certain points in his letter, and a letter from Mark McCullough, attorney representing the Plymouth League of Plymouth Voters, requesting copies of all communications she submitted or received from the Hennepin County Attorney's office regarding the League of Plymouth Voters. (I-3) 4. LEAGUE OF PLYMOUTH VOTERS v. CITY OF PLYMOUTH -- Attached is a letter from the City Attorney in which he indicates that he believes that it would be inappropriate for him to represent the City in the lawsuit that has been commenced by the League of Plymouth Voters. He recommends that the City obtain another attorney to defend the lawsuit. I concur with the City Attorney's recommendation. I intend to contact other law firms to determine their availability and desire to represent the City in the lawsuit. I will provide the City Council at the March 4, 1991 meeting with options concerning which firm should represent the City in the lawsuit. (I-4) 5. CAMPAIGN FINANCIAL REPORT -- The League of Plymouth Voters has filed a Campaign Financial Report for the period January 8, 1991, to February 14, 1991, with the City Clerk. Please call Laurie if you would like a copy of this report. 6. CITY LOBBYING DAY -- Councilmember Vasiliou and I visited with our legislators Wednesday at the State Capitol as part of the League of Minnesota Cities City Lobby Day. We had the opportunity of meeting jointly with Representatives Abrams, Limmer, and Leppik, and a separate meeting with Senator Traub. CITY COUNCIL INFORMATIONAL MZMO February 21, 1991 Page 4 During these meetings we discussed the City's interest in seeking property tax relief, particularly for high -valued homesteaded property. We also indicated our willingness to work with the Governor and Legislature to find solutions to the state's current fiscal difficulties. Councilmember Vasiliou and I stated that we felt the "burden" of budgetary cutbacks should be shared by all units of government, and city governments should not be singled out to carry a disproportionate burden. We indicated that Plymouth was willing to carry its share. Senator Traub indicated she was in the process of drafting a bill which would have the effect of eliminating the 3 percent tax capacity rate on homesteaded properties over $110,000. Her bill, which is currently being drafted, would be "revenue neutral," which means it would require that the tax capacity rates on homes of up to $68,000 would be increased from 1 percent to approximately 1.2 percent. We indicated we would be pleased to work with her to support such legislation. Attached also for your information is a note from Councilmember Vasiliou on her reaction to the meetings and the effectiveness of face to face lobbying on the part of city officials. I certainly agree that it is highly effective for our elected officials to meet face to face with our legislators in order that they can be directly acquainted with our views on specific pieces of legislation. I do not agree, however, that those efforts should be considered to take the place of other groups with which we are affiliated for lobbying services. (I- 6) 7. GOVERNOR CARLSON'S BUDGET MESSAGE -- The Governor unveiled his views on a variety of financial issues as he delivered his budget message Wednesday. It appears that local government aid as we currently know it will be eliminated, as will HACA. Some new sort of equalization formula is to be developed to provide "for mid and smaller size cities to better relate funding needs for basic life and safety services with the capacity to raise revenues." Larger cities would be provided program or categorical aid. For calendar 1992, the two aids would total approximately $176,000,000, or about $116,000,000 less that the amount currently appropriated for city LGA. The HACA aid lost to cities would amount to about $162,000,000. It is also apparently going to be proposed that the levy limits will be phased out for taxes payable in 1992, presumably so local officials can make the decision at the local level as to the amount of property taxes they wish to increase in order to make up for any cutbacks in LGA or HACA. CITY COUNCIL INFORMATIONAL DMM aebruary 21, 1991 Page 5 I will provide the Council with more specific information as it becomes available. Councilmembers need to keep in mind, however, that this is the Governor's budget message and that legislation proposed to implement the features contained in the Governor's budget will have to go through lengthy hearings in both houses of the DFL dominated legislature. The actual tax bill which emerges in May may bear very little resemblance to what the Governor is apparently proposing. Only time will tell. 8. STATUTORY CITY VERSUS HOME RULE CHARTER CITY AND CHARTER COMMISSION -- At the February 4 Council meeting, Joy Tierney, representing the League of Women Voters, raised the question of our form of government. Plymouth currently operates under what is referred to as Optional Plan B form as a statutory city. An alternative form is the home rule charter city. I am enclosing for your information chapters from the League of Minnesota Cities publication "Handbook for Minnesota Cities," dealing with both the statutory city and home rule charter city. These two chapters will give you a good overview of the nature of each form of government. You will note that in order to adopt a charter under the home rule statute, a charter commission must be established. The function of the charter commission is to draft the actual charter, and thereafter, submit it to the voters for their approval or rejection. Plymouth had a charter commission established in the late 19601x. That charter commission was actually formed and did meet for a period of time, although I have no idea when it ceased to actively meet. The file of the charter commission has been deposited with the Minnesota Historical Society and I have asked for a copy of that file to be made for me. When it is received, I will forward it to the City Attorney for his review as to the status of the charter commission. As soon as I have that information, it will be shared with the Council. (I-8) 9. CARLSON COMPANIES - EXPANSION IN PLYMOUTH -- The Minnesota Department of Trade and Economic Development has formally advised us of their financing commitment in the amount of $500,000 to assist in the expansion of the Carlson Marketing Group, Inc., here in Plymouth. The Commissioner of the Department, E. Peter Gillette, Jr., has confirmed this commitment. We now have to process an application, including a public hearing, prior to formally being in a position to complete the financing arrangements. CITY COUNCIL INFORMATIONAL MHO February 21, 1991 Page 6 Mayor Bergman appeared at a press conference Tuesday morning with Governor Carlson, Lieutenant Governor Dyrstad, our local legislators, as well as Carlson officials. A copy of the news release from the press conference is attached. (I-9) 10. CABLE TELEVISION REGULATION -- Greg Moore, Executive Director of the Northwest Suburbs Cable Communications Commission, has suggested that elected officials consider joining in a national effort to encourage members of congress to consider legislation dealing with cable TV regulations. A copy of the materials which have been provided by Greg, which come from the National Association of Telecommunications officers and advisors, is included for your information. Mayor Bergman has suggested that others on the Council may wish to send individual letters. He has already drafted and sent a letter as suggested by Greg. If you are interested in signing a letter, similar to the one attached, or of your own creation, I would be glad to have them typed here for your signature. All letters will be sent to Greg Moore in order that they can then be accumulated and then sent to Washington. It appears that the February 15 date suggested in the NATOA letter is not significant to this effort. (I-10) 11. DISTRICT 281 GOVERNMENT ADVISORY COUNCIL -- Eric Blank attend the February 13 Governmental Advisory Council meeting and briefed the committee on problems associated with the softball fields at Zachary Lane Elementary School. A copy of Eric's report on the meeting is attached. (I-11) 12. MIDWEST SPORTS CHANNEL -- Attached is a news release from the Midwest Sports Channel announcing it has reached agreement with King Videocable to carry its programming service. (I-12) 13. MINUTES• a. Bassett Creek Water Management Commission,'December 20, 1990. (I -13a) b. Park and Recreation Advisory Committee, February 14, 1991. (I -13b) 14. POLICE DEPARTMENT ANNUAL REPORT -- Included as a separate attachment is the 1990 Police Department Annual Report. 15. METROLINK RIDERSHIP -- January ridership statistics for the Plymouth Metrolink system are attached. (I-15) CITY COUNCIL INFORMATIONAL NZMO February 21, 1991 Page 7 16. CUSTOMER SERVICE LINE -- Responses to calls received on the Customer Service Line are attached. (I-16) 17. WASTE TRANSFER STATION -- The status report on Hennepin County's application for a Waste Transfer Station is attached. (I-17) 18. RESIDENT FEEDBACK FORM -- Attached is a response to a resident feedback form submitted at the Area 4 Town Meeting. (I-18) 19. PLYMOUTH EMPLOYEES: a. Twin West Chamber Women of Achievement Awards -- Laurie Rauenhorst has been nominated by her coworkers as a recipient for the Chamber's annual Karen Gibbs Women of Achievement Award. The award recognizes women in the Twin West area who have demonstrated outstanding achievement in their areas of endeavor. The Women of Achievement recipients will be announced at a special Chamber luncheon on Thursday, April 18. Attached are copies of the letters of recommendation submitted to the Chamber. (I -19a) b. BZ Correspondence -- The following correspondence has been received on Plymouth employees: (1) Letter from Matt and Beatrice Jordan to Plymouth police. (2) Note of appreciation from Lyla Karnitz to Laurie Rauenhorst. (I -19b) a. Letter from Councilmember Helliwell, to Mayor Bergman, responding to the taped proceedings of the meeting held February 19, 1991. (I -20a) b. Letter from Thomas Feeney, U.S. Dept. of Housing and Urban Development. to Patricia Katzmarek, Mission Area Association, in response to her February l letter regarding the approval of the Union City Mission Transitional Housing Program. (I -20b) c. Letters from John Herman, attorney representing Lundgren Bros. Construction Co., Inc., to Jim Thomson, concerning the Lundgren Bros. Final Plat and Sewer Extension. (I -20c) d. Letter responding to Marie Osier, 18130 Highway 55, from City Manager, regarding Markham Sporting Goods. (I -20d) CITY COUNCIL INFORMATIONAL MEMO February 21, 1991 Page 8 e. Letter from Thomas Larkey, 12820 50th Avenue North, to Mayor Bergman, relaying concerns and recommendations on the routing of Northwest Boulevard/Schmidt Lake Road. (I -20e) f. Letter from Bryan Sykora, President, Meadows of Bass Lake Homeowner Association, to Fred Moore, on the Association's concerns with the proposed road extensions of Northwest Boulevard/Schmidt Lake Road. (I -20f) g. Letter to Mayor Bergman from William Brown, Twin Cities General Manager/Postmaster, on the naming of the new postal facility for Plymouth. (I -20g) h. Letter to Rosie Loeffler -Kemp, Minnesota COACT, from Laurie Rauenhorst, conveying complaints received from residents on COACT solicitors. (I -20h) James G. Willis City Manager PLANNING COMMISSION MEETING AGENDA WEDNESDAY, FEBRUARY 27, 1991 CITY COUNCIL CHAMBERS 1\- 3 WHERE: Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner, citizen or petitioner so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. PUBLIC FORUM 6:45 P.M. 1. CALL TO ORDER 7:00 P.M. 2. ROLL CALL 3.* CONSENT AGENDA 4.* APPROVAL OF MINUTES 2/13/91 5. PUBLIC HEARINGS A. I.S.D. 284. Site Plan and Conditional Use Permit to allow building additions and other remodelinat Oakwood Elementary School located at 17340 County Road 6 (90108}? 6. DISCUSSION ITEMS: 1. Urban Zoning District Requirements for Nurseries and Greenhouses 7. ADJOURNMENT: 8:00 p.m. CIM FEB 2 i , , A G E N D A PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY REGULAR MEETING February 28, 1991 at 6:30 p.m. I. Roll Call II. Approval of Minutes for January 28, 1991 Meeting III. Scattered Site Homeownership Program Owner Selection Guidelines IV. Draft Anti -Displacement Plan V. Response to HUD on Operation Bootstrap VI. Other Business VII. Adjournment (hra/agenda.2-21:1 r) CSM FEB 21 '9 1 �-k- S a.. TOWN MEETING with Lt. Governor joanell Dyrstad Thursday, February 28,1991 8:30 - 9:30 a.m. Golden Valley City Hall 7800 Golden Valley Road The administration's budget was released to the State Legislature on February 20. As a follow up to this, the Lt. Governor and Governor will be holding a series of Town Meetings throughout the state and the western suburbs have been targeted for one of these sessions. Thursday, February 28, Lt. Governor Dyrstad will discuss the budget with area citizens and answer questions. The meeting is open to any interested citizen. There is no admission fee and no reservation is required. The Town Meeting is sponsored by the TwinWest Chamber of Commerce. TW I "W E ST CHAMBER OF COMMERCE :. CIM FEE � i 31 TwinWest Chamber of Commerce State of the City Community Coffee Breaks During March, TwinWest brings its Coffee Breaks to city hall for a "State of the City" presentation by city staff and elected officials in each community. It is your opportunity to learn about local happenings including new and proposed developments, public improvement projects, proposed ordinances and other matters that affect businesses in your community. The Coffee Breaks are held from 7:30 - 9:00 a.m. and coffee and rolls are provided. The State of the City Coffees are always TwinWest's most highly attended and informative coffee breaks of the year. Please join us! (Note: Earlier Start Time) 4 CITY,/ CRYSTAL City of Golden Valley 7MII M �f ON � Tuesday, March 5 Crystal City Hall 4141 Douglas Drive Wednesday, March 6 St. Louis Park City Hall 5005 Minnetonka Boulevard Tuesday, March 12 Golden Valley City Hall 7800 Golden Valley Road Wednesday, March 13 New Hope City Hall 4401 Xylon Avenue North Tuesday, March 19 Plymouth City Hall 3400 Plymouth Boulevard Wednesday, March 20 Minnetonka City Hall 14600 Minnetonka Boulevard Tuesday, March 26 Wayzata City Hall 600 Rice Street Thursday, March 28 Hopkins City Hall 1010 South First Street r;) JCITY OF ST. LOUIS PARK Coffee Breaks are free and no reservation is required. Ask a business associate to join you! CIM FE'S 21"31 - City of -Mdple rove 9401 Fernbrook Lane, Maple Grove, Minnesota 55369-9790 POLICE DEPARTMENT February 15, 1991 City of Plymouth Manager Jim Willis 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Willis: kt..k-�0 612-420-4000 The P.U.P.S. Board of Directors cordially invites you to the ground breaking ceremony for the animal containment facility on Thursday, February 28, 1991, at 2:00 p.m. The site address is 11350 89th Avenue North, Maple Grove. This location is between Zachary Lane and Forestview Lane on the north side of the roadway. Refreshments will be served at the Maple Grove City Hall, 9401 Fernbrook Lane, following the short ceremony. Thank you for your interest in this joint powers effort by the cities of Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, New Hope and Plymouth. Sincerely, / fkt- Robert A. Burlingame P.U.P.S. Chairman P.S. Bring a shovel for the ground breaking RAB/jl "Serving Today, Shaping Tomorrow" AN EQUAL OPPORTUNITY EMPLOYER James Deane David Burtness Charles F. Dehn Donald J. Ramstad Councilmember Councilmember Councilmember 0 Printed on Recycled Paper LeAnn Sargent Councilmember P.U.P.S. Meeting Agenda February 28, 1991 Maple Grove City Hall Mayor's Conference Room 2:00 P.M. Ground Breaking At Site - 11350 89th Avenue, Maple Grove 1. Call to Order 2. Roll 3. Minutes of January 18, 1991 4. Secretary's Report OLD BUSINESS 5. P.U.P.S. Construction agreements A. W.H. Cates reference & background checks B. Pre -Construction February 4th report C. Cost updating 6. Bylaw review A. Additions/Corrections B. Assignment of Bylaw formulation NEW BUSINESS 7. Animal Containment Coordinator position A. Review job description B. Support positions C. Time frame 8. Other Attachment �'_ ka elm RB21 'g1 A`� P.U.P.S. Directors Meeting Minutes January 18, 1991 The first P.U.P.S. Directors meeting was called to order at 2:10 P.M. by Maple Grove Director Bob Burlingame. Those in attendance were: • Jim Lindsay Brooklyn Center • Scott Kline Brooklyn Center/Alternate 0 Don Davis Brooklyn Park • Jerry Dulgar Crystal • Jon Elam Maple Grove/Alternate • Dan Donahue New Hope • Dick Carlquist Plymouth • Fred Christiansen Maple Grove Finance Director • Frank Boyles Plymouth Assistant City Manager • Roger Erickson Architect/Co-partnership • Bob Burlingame Maple Grove An update on project bids and contractor qualifications were discussed, with Roger Erickson to do additional reference checks on W.H. Cates Construction Co. Numerous questions and concerns were aired by the gathered directors. Several items for the next meeting were suggested; A rough draft of By -Laws, update on costs to each city due to a lower construction bid. The next item discussed was the need of an executive committee. Dan Donahue made a motion, seconded by Jerry Dulgar, to appoint Bob Burlingame as Chairman of the P.U.P.S. Board of Directors. Motion passed. A motion was made and seconded to appoint Jerry Dulgar as Vice Chairman. Motion passed. A motion was made and seconded to appoint Dan Donahue as Secretary. Motion passed. Dates in Maple Grove for future P.U.P.S. Board of Directors meetings were set on the last Thursday of each month at 2:00 p.m. An agenda will be prepared for the February 28, 1991 meeting. Meeting adjourned by Bob Burlingame. GIM M 21 �� JOAN KASTNER KASTNER CONCEPTS 4211 Newton Avenue North • Minneapolis, Minnesota 55412 • (612) 529-3159 "U• February 18, 1991 '-:�.►1-- h� 14 Frank Boyles Assistant City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Frank: The enclosed Parliamentary Procedure Workshop notice constitutes a personal invitation to all members of the Plymouth City Council to attend this highly informative morning at Prudential North Central Building, 3701 Wayzata Boulevard from 8:30a.m. to 12:15 p.m. this coming Saturday, February 23rd 1991. A Plymouth resident contacted me after letters were published in the Plymouth Sailor regarding difficulties with Parliamentary Procedure at City meetings. As a member of the American Institute of Parliamenatarians and a member of the Parliamentary Training Team for District Six Toastmasters, I offer workshops, seminars and talks on appropriate use of Parliamentary Procedure. On Saturday my assignment will be to present a segment on The Presiding Officer. Other team members will present other facets of procedure appropriate to a well-conducted meeting. There will be break-out sessions where attendees can focus on their particular needs and get some practice. A question and answer period will end the morning. I attended Plymouth City Regular 'Council meeting last January 28th as an observer and thank you for the opportunity afforded to see the Council in action. am , Frank Boyles Page 2 continued: After next. Saturday's workshop, I suggest a fb1 ow -up meeting with you and members of the City Council tx) discuss a custom- designed workshop addressing specific needs and concerns of the Council and earlier letter writers. A proposal and cost estimate can then be generated for Council approval. I am looking forward to seeing Council members and any other interested staff at the February 23rd Parliamentary Procedure Workshop and to working with the City Council in the near future. If there are questions or additional information required, please call me at 529-3189 Sincerely, C-11,1"tAij�tt_i, c -Joan Kastner Enc: k—, Cim FEB 21 '91 S P E C I L D 0 0 R P R I Z E VA/ UAJ*4. PARLIAMENTARY PROCEDURE ORKSHOP WHERE: THE PRUDENTAL NORTH CENTRAL 3701 Wayzata Boulevard (I--394) UILDING (Between Highway 100 and Wirth Parkway) WHEN: FEBRUARY 23, 1991 (Saturday) (Saturday) TIME: Registration - - 8:30am Program- - - - - 9:00am WHO: ALL TOASTMASTERS AND GUESTS COST: $2.00 (includes Continental Breakfast) QUESTIONS: Call George Deliduka - - 755-1485 Come participate in a very popular and useful workshop presented by the Parliamentary Procedure committee. This workshop is planned for anyone interested in parliamentary Procedure. NO RESERVATION NECESSARY �Q�NCE PhaK W SAVc — - - - --,7' (OLD HIGNWAYI4) am FM 21,91 TOASTMASTERS INTERNATIONAL TERRENCE J. McCANN Executive Director Club 725-6 Cert. 1912 August 31, 1988 Joan Kastner, ATM -B 4211 Newton Rd. Minneapolis, MN 55412 Dear Toastmaster Kastner: Congratulations on achieving Able Toastmaster Bronze recognition. Earning the ATM Bronze award is a great accomplishment. Not every Toastmaster has the ambition and dedication necessary to achieve this award. Through your work in the Advanced Communication and Leadership Program and through your service to your club, you have taken significant steps toward improving your communication skills. You also have increased your self-confidence and your understanding of others which, in turn, has helped you become a better leader. You will find these self- improvements helpful in all aspects of your life. Your efforts also have helped Toastmasters International to improve the communication and leadership skills of men and women around the world. You have set an example for others, showing them that good communication skills foster understanding and improve human relations and life itself. You have contributed to the betterment of mankind. You are indeed an outstanding communicator. Best wishes for your continued success in self -development through the Toastmasters program. Sincerely, Terrence J. McCann Executive Director TJM:mr CIM FEB 21 2200 N. GRAND AVE. a P.O. BOX 10400 a SANTA ANA, CALIFORNIA 92711 a (714) 542.6793 a FAX (114) 543.7801 0 HISPANIC MINISTRY. ST.PAUL ARCHDIOCESE 3,3��� may CIM FES 21 '91 / A- -7 ST. OERARDS PARISH 9600 Regent Avenue North /Brooklyn Park, Minnesota 55443/Rhone [612] 424-8770 7 November 1990 Dear Joan, Peace and Good Things! On behalf of the Parish Pastoral Council, the leadership of our committees, and myself, I want to thank you for the wonderful presentation you shared with us on October 13. As always, you did a magnificent job and the information you presented regarding the efficient running of a meeting was right on the mark! I know all those who participated really enjoyed the morning and I look forward to attending Parish Pastoral Council meetings and committee meetings that will accomplish their goals in a more reasonable amount of time. I know that some of our membership were initially "threatened" by the thought of adhering to Robert's Rules of Order, but after your fine presentation everyone seems much more comfortable with the procedure. Once again, thank you for the time and effort you spent on our behalf and I wish you Godspeed in all your future undertakings. Faithfully in Saint Francis, (Rev.) Anthony M. Criscitelli, T.O.R. 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Z HOLMES & GRAVEN CHARTERED Attomeys at Law 470 pilMary Ce"tef Minneapolis, Minnesota, 55402 ROSCUT A. Ai NOr (612) 337-9300 JuuE A. LAWLER PAUL, T RONALD H. H. BATTY Faesiasik (612)337-9316 CHARLES L. LEFEV919f MARY J. N JORN M. L@FrVRE, JR. STEPHEN J. J. BUS RONERT J. LMPALL AOFERT C. CARLSON RL. LAURA K. MOurr CHRISTINE M. CHALE DANIEL R. NKI.SON JOHN S. DEAN MARY G. DOSSINS WRITER'S DIRECT DIAL BAR4ARA L• PORTWOOD MARY FRANCESSKALA JEFFREY ENC JAMES M. STROMMEN STEFANI£ N. GAL£Y STLvEN M. TALLEN DAVID L. GRAVEN JAMES J. THOMSON, JR. CORRINE A. HEINE LARRY M. WBRTHEIM JAMES S. HOLME6 DAVID J. KENNEDY 337-9209 BONNIE L. WILKINS _ JOHN R, ILAAWN Of COUNUL WILUNCTON H. LAW ROSLRT 1. DAVIDSON February 21, 1991 JORNG.HOIX.HLaR The Honorable Kim M. Bergman and City Council Members City of Plymouth 3.400 Plymouth Boulevard Plymouth, MN 55447 Re: Attendance at City Council. Meeting Dear Mayor Bergman and Council Members: Mayor Bergman requested that 1 provide him with advice regarding the authority of the mayor or city attorney to subpoena council members to be present at city council meetings. I was asked to Specifically address the provisions of Minnesota Statutes, Section 412.191, Subd. 2, which states in part that the city council may "compel the attendance of members." In response to Mayor Bergman's inquiry, I checked with the League of Minnesota Cities and was provided with its publication entitled "Remedies for Non-attendance at Village Council Meetings." (I am enclosing a copy of that report with this letter. Although the publication is from 1953, it is still generally applicable.) The League publication concludes that Section 412:1.91 authorizes city councils to adopt rules to ensure that council members attend city council meetings. ,The report states that the council could "possibly even (adopt) a rule providing for production of absent members at the' meeting unless they can offer an excuse for non --attendance." I concur with the League of Minnesota Cities' report concerning the interpretation of Section 412.191, Subdivision 2. That provision is what is known as an "enabling" provision. In other words, the statute enables local units of government to adopt rules dealing with attendance at city council meetings by council. members. Pursuant to Section 43.2.191, Subd. 2, Plymouth has adopted a rule pertaining to attendance at council meetings. Section 200.21 of GSM FEB 21 '91 1 LL Ll 71 J.. - JO r1VL.1'ILJ O[ k.1MrlV LII r.,] The Honorable Rim M. Bergman and City Council Members February 23., 1991 Page 2 the Plymouth City Code states that each council member must attend not less than one regular meeting of the council each calendar month. Failure to attend at least one meeting in any month results in automatic forfeiture of salary for that month. The City has also adopted Robert's Rules of Order to govern city council proceedings. Robert's Rules contains a procedure, known as a *Call of the House," by which absent members may be brought to a meeting. Robert's Rules states, however, that before such a procedure is used, the governing body should adopt a rule governing its use. The Plymouth City Council has not adopted such a rule. You will note that the League publication discusses a variety. of remedies that are available for non-attendance at meetings. These remedies range from a fine through potentially declaring a vacancy on the city council because a council member, through a long pattern of deliberate and continued absences, is deemed to have abandoned his or her office. In summary, the remedy that has been adopted in Plymouth for compelling attendance at council meetings is a forfeiture of salary. The City has not adopted a rule that authorizes procedures such as subpoenas to require the physical presence of a council member at a meeting. I am not aware of any other authority that would authorize the issuance of subpoenas in such a case. Sincerely, me Thomson JJT/amm Enclosures CIM FEB 21 '91 ?HFMUTION SERVICE, Wdcipal Reference Bureau, League of. ximesota x=i mita 15 University of Kinnesota Library.Building, ximeapolfs 140 linnesota 4151 November, 1953 EMIL ME= � 1-• E '"� � IMMMI 1• General Discussion ...... �' .. • 1 A. Removal. From Offieea a ....... B. Ocmpelling Attendam* or Pw1ishing Son -Attendance ....... .... .,; I Iz. SUp1s COtimatl Rule To ON001 Atten- dance or Punish Ran-Attendanoe :....1Q0 Ya omega . D16,221W in consi,dsring ;meat to do about a village council member vho constantly toile to attend council meetings the.lonowing oouraes,of.action usually suggest thea 1 RAEmQval from office t fi 2 C 11 attagunoo at the. "OtingI 1 , 3 P___ for non-attendmos. Each at these possibildties is briony dieouseed in this memo!!andim;, which a1a,. includes suggested rules to camel attendance and to punish non -!attendances A. Remflv Office • 1 . tbniit�e appnit ted altiodrs and 'earployses a council gwober is An elmdted r13.1"a official Who =d&w. t be directly removed by the viLugs co=cil either for Cause or otherwise '=leis'meas authority to that effect is Sranted by.'itatutsa .State ex rel. Smat To ThcVson (1904) 91 Mna• ?79, 97 N,We $87* in this'otatr there is no statute arartiM &uthority to remove an slectiv# village official-oither to the vil,lags council b'r to MW other officer or agency. Of, Cp.A•Gs 12•-E, February 8,,19521 QpeAstl. stay ?s ' 1941*., Despite the tack .of VW PftGr to move'against him erectly,` however,, samothing maY possibly be done iltidireatly to remove an indifferent council member -=der .the vacancy and other !'elated statutees but, since the corned}. member must first -be cob, victed of a crime Jklorp thing m be.dons under these,lawas probably very taws if any, village oouricils would want to take such drastic action merely because a'•. • council member iteys away from meeti.ngss However this may be, vamoies in blao- .' tine villS.;e Offices are tilled by the coancil for rho Unexpired portiop o! the ••, elective term (X*349 We34)s and one of several different rvexte uhioh creates a vacancy in the office of oounail"n is his 004v9.ctio?l of in inftwus crime or ,of any offense involving a violation of -his official, oath, M.S.A. 351.02. Contizued sbeenoes from vi3319e council meetings Ore Hots of course, a felon, and hence,! they do.not constitute an infamous crU*$,nor.would failure to attend such meeting bec$use of •illness, eonfliate with business, or the .li-ce .amount to an offense in-• volving violation of a council memberts -oaths Nhan t}.ev are otherwise •ablt':to do-, $o, however, council members have a ,legal, duty to attead-all •eouncil•&eati.nga 4M?- ._____.. CIMFSR '91 n .� �� k J, t, ;� JNT W -4 r) '-7n.� H 3 ...X _ ak W IVI O £ : i 1 `'C '6 I 'Z 02. 21.91 02:'' FM PO4 take part in council dellberatior,s,.even thou, they are dispisased with what is .Joint On 06m, ex rel. Russen ve *ulligan, 0024, let 45 Lack Jnr. 125, 36 MuneL,,R. I Btat• ex role Parker v. smith (1875) 22 Rte. ag), WA every neglectco perform a duty enjoined by law upon a pub 10 officer, as Well as every mRlfeasanto U office, is a gross Adodsmeancr. M.B.A. 612.03 and.6).51e It, therefore, a 00unc11 member shoulddsiiberatsly stay *way from meat1gs for A Ung period of time without `cod cause orif he should tail to attend through obeor indifference ttowarda his official responsibilities, it might possibly be a betlect of duty wltbin he m4of that phase as it is used in either or both of these ].acre (of. State ve"Bratrud (191;1) no,Xi", 2140 2" AeWa 733), in Aioh @a go constitute a violations of that se conviotia, by he obligates himself to faith of a *Moil sss�srt s official oath where meat and abili disnharge his duties to the brat of his judg.. in the office , unnderlthe vaO&ft0y Statute which thevictiCM e'c�ty�ofllfrcreate a vacarncy Aired portion of the tome for the =#Z.. Another pcssibilityis created by the fact that oaeSiss oto 4100 caused by rssignation• More failure to attend a few or ovean a oomsillerab2a roAbor of *Mon meetings does not, of omerse, 4utauti4aur result in 4 resipation from office. A1W lic Office can be abaadoaed, bowmr (City, of W31)iamsburg v. Weesnor (1915) + aY• 769# 176 s eWe 224), UA it a emweil member should meetings his continued absences o remain away from oAOus Xvidentlg the Mi.nr�rsote courts nese ti bale cask MPtiam of abarAonmmte but a tow courts elsewhere its the country have meld that del beret ss Upon dhconttinued� absences over a prolonged period do amount to am abandonmaat and have permitted the council to appoint somacne 0150 to the office upon the thacry of an implied resigna- tion. Peo ex role ve Hanifan (1880) 6 Me App. -159 (absence over e months): Harrison v. pea (1890) 36 Me. App. 319 (absence ever a period iq� oif�icve Months). 8 • 2].i:►a Atteodttsas i a won�llt � "V" Without a statute 00 the subject there i0 v soma Mom to believe that a illage Oo�usci.3., sdsen properly constitute40 can compel, absent members to attend a msetibg (Cushing On -the Law and Praotiee of 1a8ie3Ativo Assemblies, Bao. Zb4) it least In oases where they offer no valid excuse !dr laonrattenadanea► It the rule however, there. is a. statute le is ins this state Mich 3.age council to its members and to pwdph expressly permits a rii- require the attendanea a! non-attendar�ae. 8e9 M.S.A. 4Ue192, subde 2e It has generi34 been assumed that the powers thug graated over attendance are not broad enough to permit removal for non attendance, alth not be entirely free tram doubt. Howevar$ it is clear.tbatthe.thest4L question y zis Us council to discourage delinquency in attendanae by the,adopt�`bt reasonabIs sults of PAMishment, inclu� es for nonattendance•(at. City of 3�arzville V. Radley (1%*) x'37 Me 242s-4 Me 624) and poseib3l wen -a rule providing Production of absent ambers at the meet P ding for non-attendance. Ct, 8ahaeilbaob v. =less they oat Offer an ,mouse for a rule of the latter kind is ado tedBa�del (lgpl) SO W.iTa. SS3, 40 sib. 424, It constables or other lis officers p�Ur it.may be enforced by sending Am.Jur. P. 673o L bring in the absent nembess. forcib3,y. 37 Periaapa it is needless to add that arty village in vhiaathe maytir and sash trustee are padd a per diem for soh day of service neoesear meeting attended should not -rendered or court Pay its '00=01.1 members for mooting, which their do r.�:t attend. It there are prasoribdd m&d.►s !or enoetinge act�ut in • e�toh a cava and the total amount pc :a armee whether the Ow make bgaoedta the, moo, it x.22 make no real difr whethtr it is not. In other oases, hoxever t,rt,n m0r7 e 3 , c- 'tee attended or amnAl amount has S O 3 n D V 3" l* W'V Q C T T T 6.' 6 T • Z O 0 2. 21. 91 0 2: 5"? F 1C' K 'TFP 'l 1 Q � not been earned; it vill make a differenes, and neither the Vapr nor aW trustee is antitled to componeatior for mestings Bch he refuses or neglects Ao•sttond. . Perhaps itis oaac needless to add that the absence of a tanaoil member does not pr*aluds transaction of rMass buairmos, War the law my three members of the council constitute 4K quorum and may together transact wW busimas %hich all five svibera of the coun*U could discharge* •A majority ,of a quorum is s11 that is necoRNW7 to legal action soept in the sass of ordinances .and resolutions which require a majority of an the members. ' • r r ••w • rr 1 2. X43.Ao 35147 provides that habitual drunMaoss ahaal be goad cause for removal from public office aby the authority and in the muter provided by lawn, but dnts nootfioer or agencybas been given �tatvt�y author- ity to ramovs slotted village officias this law is meaningless in its application to them. • • 0 w w Legal Rsfomos 'Itnalyat DOBsbt CIM FEB 21 '91 O. d 0 i Z j. ZkI W A C X n a V..= 'l +� . WV d C: : T T T 6 IR T '? t l 02. 21. 91 02:5'7 F11 P 0 6 LE Rule it. Lack of Quorum. It a quarm of the Moberg shall mot attend -ow revur or special x"U"C, the Miabers pre. seat at the NOUN MAU have the power to direct by a writtefi order that the absent members bs bro�bt before the Comoil either forthwith or at the time to *isb an .. a0aurnsent MY be bad, and such order shall be *coedited by the maqunt-at-arms. mw.- TITT Rule We It WW sAer of the council is absent trom v;W resulp or dull called "aid deduces umlese detained there. fm by oiemess or absence, fro the, vi]. AV, the abae0t member •hat], forfeit to the viLlsge $1.00 for each wsti,Ag so sbmt, and the same to be deducted from his arma3, caepsmatioA at the Sud Ox his offi"hl yearn ,proYidad that if scab Abasat mem- ber prebinta an excuse for his absence otL tbsn those above rued and such exovae is deemed reason bl.e stiuh tarfeiturs my be cancelled by a majority of the council. xgzast.tpate- Co at Rule 3, it all meetings of the connail, a majority of the coun- cil mestbera elected shah, constitute A quorum to do busineso, but a mdnt+rity MY adjovra .CM day to easy ar►d MY soWpel the attendance of Abmteses by a fine not exaes" ten dollars for esah oftenus unless a reasonable excuse be offered. CSS+ I m 1133 CIM FEB 21 '91 v 5 "'17; 0 "w ...io ar%0va z w 3eq.vn . , T T T � •S T 'Z o 02. 21. 91 02:57 PM P07 From : 1900 1ST BANKPLACE WEST MPLS MN C612)333-1511 (SKAAH & MUCULLOUGH HAkvCr L. SKAAR MAIRK C. MCCULLOUpp REX L', DUXTON Laurie Rauenhorst City Clerk of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Ms. Rauenhorst: P02 s..3 POO IIRST DANK PLACX Wtit P008. MINNESOTA 554OZ•1993 ULERNON9 W0 *33 I611 MC 1MILE (619) 333•1513 February 19, 1991 Re. Notice of Claim Minnesota Statute 6 466.05 Please be advised that the undersigned is one of the attorneys for the League of Plymouth Voters. I am giving the City of Plymouth this Notice as required under Minnesota Statute 4 466.05. This is to notify you that the League of Plymouth Voters intends to claim damages arising out of the acts of its couneilmember Carol Helliwell, occurring on January 7, 1991, February 1, 1991, and other times as discovery may disclose, we believe other individuals may be filing claims also, through separate counsel. The League believes that Ms. Helliwell, acting as a councilmember, and acting with the advice and consent of the City staff, maliciously presented claims to the Hennepin County Attorney's office seeking criminal prosecution of the League of Plymouth Voters and others. These claims were summarily dismissed by the Hennepin County Attorney's office on February 14, 1991, as lacking probable cause. The full extent of damages has not been ascertained and we will supplement this notice by letter or in pleadings as we completer our investigation. The League of Plymouth Voters did incur over $1,000 in legal fees in responding to Ms. Helliwell's claims and will seek reimbursement of these legal fees from the City of Plymouth for having to deal with the defense of the meritless claims. MCM:sml Enclosure Please address all correspondence regarding this claim to my office. Very CIM FEB 21 '91 From : 1900 1ST BANKPLACE WEST MPLS MN C612)333-1511 P03 al -3 `���'•'•C c; Crt�\7 Y .{•1 TORINTY '' T.D-p, 16U) 34U-015 O1:FIC 0E•• Tin,: HE NNUIN C.-01.'NT)' A'rroR,\,F,I• r•e 55487 February 1.4, 1991 Councilmember Carole Helliwell City of Plymouth 3440 Plymouth Boulevard Plymouth, Minnesota 55447 fr �, Re: January 7, 1991 Inquiry Dear M8. Helliwells Minn. Stats. 6211A.08 and 6211B.16 require the County Attorney to promptly Investigate alleged violations of the respective Chapters. Our office has Carefully reviewed your inquiry and concluded that it is in fact a request for legal advice. The County Attorney cannot give adviee or opinions regarding the meaning of the statutes but, as previously stated, investigates alleged violations. You should seek private counsel for advice on questions of election law. While your inquiry does not allege a violation of law, nevertheless our office will address what we perceive your allegations to be. The issue of collecting funds and names at the City Hall has been addressed by your City Attorney. The basis for the allegation regarding`a campaign financial reporting impropriety is apparently the coat of the advextlsements and a comment by the mayor that he did not want to pay $20 for cable television. The mayor was contacted and he reformed our investigator he paid for the ads. Therefore, probable cause does not exist regarding this allegation. Regarding the League of Plymouth Voters, our investigation and analysis lead to the conclusion that the League is a PAC and, as such, bound by the financial reporting statutes, Minn. Stat. S211A.02. There is no probable cause to believe the League has violated its reporting requirements. Counsel for the League is aware of the reporting requirements and, in fact, advised our office that these toporting requirements have been met,* GIS FEB 21 '91 From : 1900 1ST BAWPLACE WEST MPLS MN (612)333-1511 Carole Helliwell Fobruary 14, 1991 Page 2 Your second inquiry dated February 1, 1991, seemed to allege a violation of MiAn. Stat. 5211B.06, Subd. 1. The materiel supplied as evidence is not materiel designed for. paid political advertising. The material was background i formationTheres for volunteers soliciting signatures for the p no probable cause to believe the statute was violated. Should you have a complaint in the future, please► articulate the complaint with specificity and provide supporting evidence or names of witnesses. Be advised that while there are no legal prohibitions restricting a complainant's Ability to comment about filing a complaint, the complainant's motivation could be a factor considered in any charging decision. The potential for media manipulation by filing a complaint, and subsequently publicly commenting that a criminal investigation is underway, thereby inferring a crime has been committed, is of grave concern. The Fair Campaign Practices Act is not designed to permit one party to gain political advantage over another. JAFtcn (Comp.AE4j Sincerely, MICHAEL 0• FREEN.AN HENNEPIN COUNTY [ATTORNEY eq . emes A. Faber Assistant.County Attorney 34$•4527 CIM FEB ?1 '91 February 19, 1991 .7 a Iiia'_• H. Faber Assistant. Counts Attorney ney Office of the Hennepin Counts � nt_-1 Attor" t'iey 2000 Government lfi ent :enter-. i` il'iialea.Pol is Minnesota 5548 Dear Mr. Faber, - This letter is to summarize our to 1 eP hone conversation & February y 1 1991 regarding sour letter datd Fed . g 14; 1991. 1. The letter i wrote e t o the HenneP i n Counts nt s Htt-Gr •Ylen dared .ra.'r ua.r'''a 7, 1991 was not a request for legal advice. I was informing ing yCeu of a Potentially Unlawful situation concerning Solicitation of funds on Public P r'i p er-•t` y and a• group claiming t o be "pop -Profit" when they are actual!, a. PAC. (political Action Committee). I assumed that. the Office i ef the Hennepin I_o#i,nty Attorney is the 9 Jv,_r.•i!1'i 9/r -.e9 l a,t.i•f9 group in these e m.a•t.ter-.._ a,i'!1 would j i1.1'.ie •t.iga.tes the lack of rt'Uor-•t1W monetary contributions as r-'+=quir`'+=d be Minnesota Law. in summary, 1 do 'jIo,. interpret Y�rlaw, but T a_=•it_aiU( ii and a1=ienforce i.. This }i= wa= a• request for IOU f, t_i } investigate tiga,t.e a.•1 d :.akf: whatever action was appropriate. 1 understand t,a.'I" d that the manor was contacted and stated that P"1►: Paid f'r_er-• the $3776.00 1n advertising. Therefore, Probable cause does notn. exist regarding contributions to him unless further ur'ther blit or'mat.ion is Presented. The may1ire• should ste P at commenting n his dire financial condition (il�'e i'i l'_!^ and tomutual neighbors. 7 o 1.h..- investigation ?.'i !' ' na. t w . i = i i i t Lead to the conclusion 7= }"!a- the Leame is _. PRC and, a _ such is bound be the financial r -'r•;= Or-- t". -" T 7 i , ` - •' , Minn. Stat. i i - & 1 called e . 'J i-1 i -,u : 4 Oita i t-..!:: . Laurie e-•:11!Mi•Ij'io'rst' and yas 'old that T' , F'.1'{!!f_• d iH•J.. their M'fii}Y..LiWi requirements a l!, t _-+ as ! If _f ida - ebrt} ar^.m 12, . 1991. 1 requested -1 C1 W_` be mailed to rl}e ♦ s `-ta 11!. _II -Mr--_.+ ed. was _. Sde tw_= Our telephone conversation clarified that the "sece'ij"d inquire" was Ilivt a.'i1 inquiry,but .a, forwarding of additional 1•isf orma.t•ii m.,t•fi•a.t man have been of importance to 'Ili!t•r"• investigation. The last P .a•r-•.a.w.a,f • h of sour it I.r-• 1 r_ tt_ er`' and sour t e l eP he^I'j a conversation with jam Maxwell of the C`:- _'!rilouth Sailor are of '_ar--._..:+_• concert to me. Sometime during the week mit FF.I-,►-•tS.•7.r •_a 11-15, y _ u advised ._i a a Maxwell that the comPlaint had be_-yn dr'rIPC`ed. +71_ur• letter in fact, indicates to me -ha.t the i 1•-1` est.i:?•gation w._l._ hot dr•+iPPed: but concluded. There ere i:= a. %•7._t difference. I talked to jag after our conversation this i4i:+t'•'ili-f!': .a,'jN_. he _.nP:+::' __ _ i•!!d` 1,.rta,._ you told him is not troe and who. exp l a i or•f to a -_II `"!a t 1'.hE Lea }!: is the 1^I't e'}- i f took 1. _ the comPlaint 1'f,f. media. jam Maxwell is 01109 t 1 verify this ,._i.c jd `.li/u find should it ?Ir:c+•'ssar••'t. After he wea`.J! a _.. .`lig lEalrim s1_J.temh'-j.1!_s to the (+lr,+.ia glef..e mode known to me '_C;!'n 1 correctedthe _a•s:_ i `E . 1 never _(iCu_":ed Vat a _n_eitha ! i tie st1'3=p was _. Sde tw_= and y asked C'M FEB 21 '91 2-3 You if You knew where e t tis came from.. 1 made a complaint to the Office of } tf it' ^! =' ! t t 1 •= C' i '1! Counts Attorney so that appropriate action Y }{' Ivc =_ r:! would be taken. T made this Comment when questioned by the press .a,"i IU whenever er�' tf e discussion would come � P . 1 have no desire to _.top the Lea.y! e ! only t•h a.t• then follow tl• e same rules that. other PRC: (Political Action Committee) gr'o t•Ps p1ust follow. I believe this letter summarizes e_• cor rect•l a our telephone conversation sat.ii •'iI earlier today. If _aou disagree, Please contact me. Again: your Prompt attention to t.,hl_• entire issue is very much appreciated. Sincerely. QS, -S, LLt-�CJ�C.�i' C:� ,!_t.•i c i [ f�tt'C�•t_' 'r'•• Carole .T . Helliwell City of Plymouth C"M FFR 2 1 ' i -law ©Aa SHAAR & MICCULLOUGH HARVEY E. SKAAR MARK C. MCCULLOUGH REX L. BUXTON Councilmember Carole Helliwell P.O. Box 42183 6085 Zinnia Lane Plymouth, MN 55446 Dear Ms. Helliwell: =- 3 1900 FIRST SANK PLACE WEST MINNEAPOLIS, MINNESOTA 55402-1893 TELEPHONE (612) 333 1511 FACSIMILE (612) 333-1523 February 19, 1991 Re: Complaints to Hennepin County Attorney regarding League of Plymouth Voters Please send our office copies of all communications you submitted or received from the Hennepin County Attorney's office regarding my client, the League of Plymouth Voters, including your January 7, 1991, inquiry and .February 1, 1991, inquiry referred to in Mr. Faber's letter of February 14, 1991, attached for your reference. Very truly yours, Mark C. McCullough MCM:sml Enclosures cc: Dave Anderson, President of League of Plymouth Voters CIM FEE 21 '91 f �VIJa��iJ a.I r1r �.. 1\rl• j;a{ � Mr. James Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: League of Plymouth Voters v. City of Plymouth Dear Jim: It is important that the public and the City Council feel, that the City is receiving impartial legal advice in all matters. This principle is particularly important in the lawsuit that has been commenced by the League of Plymouth Voters because of the controversy and public interest over this issue. I have been made aware that concerns have been expressed as to whether I have a personal interest in the outcome of this matter. There is no merit to those concerns. Any action that I have taken regarding this matter has been at the request and direction of the City Council and not based on any personal motivation or other personal consideration. Although I believe that the concerns are unfounded, I feel that it would be in the City's best interest if the lawsuit were defended by an attorney other than myself or my firm. Because the issue of my personal involvement in this matter has been raised, 1 believe that there would be an appearance of impropriety on my part if I were to handle the litigation. I therefore recommend that the City retain another attorney to defend the lawsuit. Sincerely ames .7. Thomson JJT/amm PLI00-32A CIM FEB 21 '91 02. 21. 91 01 :01 FM FC2 CHARTERED Attameys it Law 470 Pillibury Center, M4V0Ppaiis, MippmAn 56402 RoarRT A. ALSOP (612)337-9300 JULIE A. LAWLER PALL D. LD H. BH, SATTY T RONALD TY te Fdmile(612 CHARLES I.. LEFEVER MARY J. ERENDEN JOHN M, LEFEVRR,n STEPHEN J. 8VOVI, ROBERT J. LINDAI,L ROBERT Cl CARLSON LAURA K. MOLLET (7HRISTINE M. CHALE DANIEL R. NELSON JOHN L DEAN WRITER'S DIRECT DIAL BARDAnA L. MARY C DOBBINS MARY FRANCOlSUAL JEFFREY ENC JAMES M. STROMMEN STEFANIE N, GALEY STEVEN M. TALLEN DAVID L. GRAVEN JAMES J. THOMSON, JI CORRINE A. HEINE LARRY M. WERTHEIM JAME6 S. HOLMES DAVID J. KENNEDY 337-920• BONNIE L. WILKINS _ JOHN R. LARSON OY COUNSEL WELLINGTON H. LAW ROBERT L. DAVIDBON February 21, 1991 JOHN G. HOESCHLER Mr. James Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: League of Plymouth Voters v. City of Plymouth Dear Jim: It is important that the public and the City Council feel, that the City is receiving impartial legal advice in all matters. This principle is particularly important in the lawsuit that has been commenced by the League of Plymouth Voters because of the controversy and public interest over this issue. I have been made aware that concerns have been expressed as to whether I have a personal interest in the outcome of this matter. There is no merit to those concerns. Any action that I have taken regarding this matter has been at the request and direction of the City Council and not based on any personal motivation or other personal consideration. Although I believe that the concerns are unfounded, I feel that it would be in the City's best interest if the lawsuit were defended by an attorney other than myself or my firm. Because the issue of my personal involvement in this matter has been raised, 1 believe that there would be an appearance of impropriety on my part if I were to handle the litigation. I therefore recommend that the City retain another attorney to defend the lawsuit. Sincerely ames .7. Thomson JJT/amm PLI00-32A CIM FEB 21 '91 02. 21. 91 01 :01 FM FC2 MEMO To: Jim Willisf-to From: Councilmember Vasiliou Subj: Capitol visit Date: February 20, 1991 Z�P I really enjoyed my visit to the capitol this morning. Thanks for the tour as well! Jim, I really liked your approach to our legislators. "We are willing to take our share of cuts, but treat us fairly." I think that goes a long way toward being perceived as willing to be part of the solution that this State so desperately needs. It is even more clear than ever that we don't necessarily need those expensive lobbyists! You can't beat sitting down face to face and having the kind of conversations we enjoyed today. Giving thea, the opportunity to ask us how bills they would like to introduce would affect the city is invaluable in my opinion. There isn't a legislator over there who isn't painfully aware of the problems we face,including fiscal disparities. Thanks again for a good day. cc: Mayor/Council File 910220 -Willis ft CIM FEB 21 '91 34 U() PLYM0U1H H01J1.EVARD, PLYMOUIN, MINNES01A 56447, Tt l FI'HUNF (617) 5992800 The Statutory City Chapter 3 Minnesota has two basic types of cities: statutory cities, those operating under the statutory City Code; and home rule charter cities, those operating under a local charter. This chapter will examine the organization and general powers of the statutory city, under the fol- lowing topics. A. The Statutory City Code B. Forms of Statutory City Government C. General Powers of a Statutory City Because this chapter applies only to statutory cities, the term "city" will mean statutory city un- less otherwise indicated. A. The Statutory City Code Communities incorporated as statutory cities constitute the vast majority of Minnesota municipalities. They all operate under Chapter 412 of Minnesota Statutes, commonly known as the "City Code" (see Appendix A), and under a num- ber of other statutes that cover special cases or apply to home rule cities as well as to statutory cities. Although all statutory cities possess the same basic powers, the City Code permits them to select one of several optional forms of organiza- tion. The state legislature may, at its discretion, change any part of the City Code. The state legislature originally passed the City Code, then called the Village Code, in 1949 as a general codification and revision of all the village laws as they then existed. The code unified in a systematic and comprehensive manner most laws affecting villages. It serves much the same func- tion for statutory cities as a home rule charter does for a home rule city. The main subject matter groupings of the City Code include: 1. Officers and employees 2. The council and its powers 3. Taxation and finance 4. Municipal utilities 5. Parks and park boards 6. Optional plans of government 7. Optional Plan A 8. Optional Plan B 9. General and miscellaneous (Section 9 contains the laws relating to offi- cial newspapers, destruction of records, vaca- tion or abandonment of streets, prosecution for violations of ordinances, fines and penalties, definition of the terms "president" and "recorder," provision for inconsistency of the City Code with cash basis laws, and for the application of the code itself.) The great benefit of the City Code is that it makes the laws governing city government uni- formly applicable to all statutory cities in the state. Handbook for Minnesota Cities Page 31 CSM FEB 21 '91 OWL The Statutory City 1989 Supplement There is, however, one important exception to this general rule. The code specifically mentions that the Iron Range statutory cities which are operating under cash basis laws shall be covered by the code only to the extent that it is not in conflict with any one of these four laws. I In all other respects, the City Code is applicable to all statutory cities of the state regardless of the laws under which they were organized. The City Code is, then, the primary source of authority for the actions statutory cities take through their councils. Most of the laws relating to the organization and operation of government are in this one law. Besides the powers the City Code grants, all cities, including home rule charter cities, receive additional authority from various state statutes. For example, powers for planning, police civil ser- vice commissions, and municipal forest mainte- nance are in laws dealing specifically with these subjects. Statutory cities lack the power to change the City Code. They are dependent upon the legislature for all changes. B. Forms of Statutory City Government To foster local control and to help modernize statutory city government, the legislature has pro- vided three forms of organization --the Standard Plan, Optional Plan A, and Optional Plan B. These provide city voters with a wide range of choices in determining the administrative structure of their city. The Standard Plan has the common weak mayor -council form of government consisting of an elected mayor, clerk (or clerk -treasurer), and three council members. The treasurer is also an elected official . Optional Plan A is a modification of the stan- dard plan which retains the weak mayor -council characteristics, but provides for an appointed clerk, treasurer (or combined clerk -treasurer), and a fourth council member. Optional Plan B is the council-manager plan. While the Standard Plan and Plan A are available to all cities, only cities over 1,000 population may adopt an Optional Plan B. The law does not restrict any optional plan to any particular geographic lo- cation in the state. All cities automatically organize under Plan A unless they complete the required le- gal steps to put one of the optional plans into ef- fect. The approval of the voters is necessary to adopt an optional plan. The councils of any city may, by ordinance adopted at least 60 days before the next regular city election, submit to the voters of the city the question of whether the city council should be in- creased or reduced to seven or five members. The ordinance must include a schedule of elections and terms to accomplish the change. The proposal is to be voted on at the next general city election and if approved by a majority of those voting on the ques- tion go into effect in accordance with the schedule in the ordinance. These optional forms provide that politically chosen representatives of the people make policy decisions. Administrative work should be the task of specially trained and experienced people who can devote their full energies to implementing the policy decisions of the council. A word of caution: structure alone is not all- important to effective city government . No struc- ture is any better than the people who run it. Nor will any structure work to achieve success unless the voters themselves remain interested and active in promoting good community government. Struc- ture is only a framework. The ultimate form of any government will be only what the people and their elected representatives make it in their everyday ac- tivities. The decision as to whether or not a city should organize under one of the optional plans of gov- ernment must come from the voters in the commu- nity. The desirability of any of the optional plans is dependent upon the particular circumstances existing within each community. The optional plans allow the city council to ap- point trained and experienced ,people to positions of administrative leadership and responsibility. On the other hand, the city electorate no longer has direct power over their selection. Plans A and B are generally suitable for cities in which the com- plexity of government requires a full-time or trained person to provide daily administrative di- rection and leadership. Plan A is also well-suited to serve the needs of the smaller city which wishes to obtain permanent part-time administrators who will be subject to council control. The optional plans are not the only means of changing the form of city government. If none of the optional forms of government under the City Code give the community exactly what it wants, it Page 32 Handbook for Minnesota Cities CIM = #)I 'Q' 1990 Supplement Chapter 3 may want to adopt a home rule charter. Voters would then be able to specify the organization which seems most preferable. Only the voters can make the final selection. The Standard Plan In 1967, the legislature provided that effective January 1, 1970, every city operating under the Standard Plan had to assume the Plan A form unless the voters rejected Plan A between May 4, 1967 and January 1, 1970. Only 134 cities remain on the Standard Plan. The Standard Plan of city government is the form the majority of the smaller Minnesota cities used prior to 1970. Chart I outlines the governmen- tal organization under this plan. (See page 34.) As in all plans, the Standard Plan has a council of five members. Unlike other plans, however, these five members include a mayor, clerk, and three council members, all elected. By ordinance and a vote of the electorate the council may be in- creased to seven members. As council members, the mayor and clerk have the same duties and powers as the other council members. 2 In addition, they have their own special duties. The council possesses all legislative and ad- ministrative powers; it cannot delegate the power to enact ordinances or to prescribe rules and reg- ulations. All administrative personnel are directly accountable to the council . For example, the coun- cil is responsible for the direction of the police chief, the liquor store manager, and the street and water superintendent . The council can delegate certain functions to ap- pointed administrative boards. (See Chapter 6 for more detail .) Councils in standard plan cities with populations of 1,000 or more may establish such boards as a utilities commission, a civil service commission, or a park board with direct responsi- bility for the programs within their realms. In addition, councils may also establish advisory boards, such as a planning commission, to conduct studies and make recommendations. Under the standard plan, voters elect each mem- ber of the council . They also elect a treasurer. The council, in turn, is responsible for the appointment of members of the independent and advisory boards and commissions, and of administrative personnel such as the police chief, peace officers, liquor store manager, and attorney. Special features of the Standard Plan 1. The council has five or seven members -- mayor, clerk, and three or five council members. 2. Voters elect a clerk and treasurer. The city may combine these offices in the one elec- tive office of clerk -treasurer. (Chapter 7 discusses the duties of these offices.) 3. The council has all administrative authority and responsibility. 4. The council has the power to appoint inde- pendent or advisory boards and commis- sions and to delegate certain functions to these bodies. Plan A 3 This plan constitutes a simple change in organi- zation from the standard plan. In Minnesota, 594 cities presently operate under a Plan A form of government. One of the distinctive features of this plan is that it removes the clerk from the council and replaces that position with a fourth elected council member. Another is that the council ap- points the clerk and treasurer for indefinite terms of office. The duties of these two appointed offi- cers are the same under Plan A as they are under the Standard Plan of government, except that the clerk is not a member of the council and cannot vote at council meetings. This plan allows cities to hire trained and expe- rienced people who can perform the complex duties of the clerk and treasurer with special com- petence. Because the council appoints people to these positions, it has more control over how these employees perform their functions than it can in the Standard Plan where these persons are elected. To help insure the selection of qualified people for these positions, state law allows the council to appoint people who are not residents of the city. In the selection of a clerk, for example, many cities have gone outside the city to get a person with training and experience in city management. Chart II depicts the organizational format of Plan A. (See page 35.) Ile distinctive features of Plan A 1. A five- or seven -member council which con- sists of a mayor and four or six council members runs the government. Handbook for Minnesota Cities Page 33 CIM FEB 21 '91 g The Statutory City 1989 Supplement L`1 Page 34 Handbook for Minnesota Cities CIM FEB 21 '91 y= D 1989 Supplement Chapter 3 Handbook for Minnesota Cities Page 35 CSM FEB 21 '91 The Statutory City 2. The council appoints the clerk and treasurer (or combined clerk -treasurer) for indefinite terms. The council may remove these employees at any time. (Chapter 7 discusses the duties of these of- fices in detail .) The council may appoint independent boards and commissions, such as a utilities commission, and advisory bodies, such as a planning commission. 4. The council appoints all administrative per- sonnel, such as the police chief, attorney, and liquor store manager. 5. The council has all the administrative and legislative authority and responsibility that councils in Standard Plan cities have. Optional Plan B 4 Optional Plan B embodies the council-manager plan of government. An outline of city organiza- tion under this plan is in Chart III. (See page 37.) At present, 17 statutory cities operate under this plan. Almost 30 cities in Minnesota have adopted the council-manager form under their home rule charters, and some of these cities previously operated as Plan B statutory cities. Under Optional Plan B, the elected city council consists of a mayor and four council members. All policy and legislative decisions are the respon- sibility of the council. The council delegates the administrative duties to a city manager. The manager is accountable to the council for the ef- fective administration of city business in accor- dance with council decisions. 5 City Manager Under Plan B, the council chooses a manager on the basis of training, experience, and ad- ministrative qualifications. It is not necessary to be a resident of the city at the time of appoint- ment. The council must appoint the first manager as soon as practicable after adopting this plan. The term of office is indefinite so the council may remove the manager at any time. If the manager has been in office for a year or more, however, he or she may demand that the council make written charges and hold a public hearing prior to dis- charge. The law does not require specific grounds for dismissal, either before the hearing or after. 7 I: -_S Pending the hearing, the council may suspend the manager and designate some properly qualified person to perform those duties. 6 The manager has responsibility for the ad- ministration of all city business, and is answerable to the council. The law prohibits the council as a whole or any of the individual council members from interfering with the manager's prerogative to hire employees. It also prohibits any individual council member from attempting to deal with or control any administrative person who is subor- dinate to the manager. Instead, the council must exert all of its controls through the manager. This provision, however, does not prohibit individual council members from obtaining information per- taining to city business from employees other than the manager. Clerk, Treasurer Optional Plan B provides for a manager - appointed clerk and treasurer as well as such other officers subordinate to the manager as the council may create by ordinance. The manager also ap- points the attorney, but the council must confirm the appointment. In the performance of their duties, the clerk and treasurer are subject to the direction of the manager, but their functions are the same as those of their counterparts in other cities. The only exception to this rule is that the manager, not the clerk, signs written instruments, such as contracts, on behalf of the city. 7 In addi- tion, the council may give additional duties to these officials. In fact, the council can abolish or com- bine positions, including these offices, as it deems fit . It may also direct the manager to perform the duties of any of the various offices except that of treasurer. Boards and Commissions Optional Plan B abolishes all independent ad- ministrative boards and commissions except for the civil service commission, if there is one, which may continue to operate. The council itself, then, must assume the functions of such boards as the board of health, library board, park board, and public utility commission. The council may con- tinue or create commissions for joint operations with other units of government. For example, the council could create a park board which would administer parks under a cooperative program with two or more cities acting together. The coun- cil also can establish advisory boards or commis - Page 36 Handbook for Minnesota Cities CIM FEB 21 '91 y It 1989 Supplement Chapter 3 _' , U Handbook for Minnesota Cities Page 37 CSM FEB 21 '91 The Statutory City sions to study any municipal function or to inves- tigate any subject of interest to the city. Hence, the city may continue to have a planning commission after the adoption of Optional Plan B. All administrative boards and commissions in existence when the city adopts an Optional Plan B continue only until the council appoints the first manager. On that day, they cease to exist and the council assumes those powers. If a city abandons Optional Plan B and adopts the standard plan or Optional Plan A, the city may again establish com- missions as authorized by law. Manager's Duties Under Optional Plan B, the manager has the fol- lowing duties: 1. Enforcing city ordinances and resolutions; 2. Appointing and removing, upon the basis of merit and fitness, the clerk and all department heads and subordinate employees (where there are civil service provisions applicable to the city, they are binding upon the manager); 3. Exercising administrative control over all city departments and divisions created by law or by the council; 4. Attending all meetings of the council and participating in the discussion, but not voting; 5. Recommending to the council such measures necessary for the welfare of the people and the efficient administration of the city; 6. Making reports on the financial condition and needs of the city; 7. Preparing, if the council directs, an ad- ministrative code for council adoption; 8. Assuming all duties the manager receives under state laws, city ordinances, and council resolutions; 9. Acting as the chief purchasing agent for the city. As purchasing agents, managers are responsible for all purchasing. Managers may, in conformance with the budget but 0-- -L.7g without prior council approval, make pur- chases and let contracts when the amount does not exceed $1,000. However, city coun- cils must audit claims resulting from such transactions. Larger purchases and con- tracts need council approval. City Budget One of the most important provisions of Op- tional Plan B is that the manager must prepare es- timates for an annual budget and submit them to the council. 8 The manager must budget on a "funds" basis and must include all city funds except for the bond, utilities, and special assessment funds. Inclusion of these is optional, but budgeting and appropriations procedures should include all the moneys the city receives and spends. The manager may use either a cash or an accrual basis for preparing the budget. A cash budget is one which includes only those items for which the city actually received money (cash), in the case of receipts; or paid out (in the case of disbursements or expenditures) during the 12 -month period the budget covers. An accrual basis budget is one which includes only those funds which became due and payable to the city during the budget year, whether or not the city actually received payment; and those ex- penses which the city incurred during the year no matter when the city paid them. The main purpose of a budget is to collect data on the anticipated revenues and expenses of the city for the coming year, and to allow for com- prehensive fiscal planning. The budget should in- clude actual revenues and expenditures for the next year. Once the council has approved the budget, the manager may not violate or change it without council consent. The laws establishing Optional Plan B spell out in detail the procedures for preparing and adopting a budget. These procedures are flexible and could easily apply to all cities regardless of their form of government. Because of the importance of budgeting, the Handbook devotes Chapters 18 and 19 to the process. Page 38 Handbook for Minnesota Cities CIM FEB 21'91 1990 Supplement Payment of Claims and Emergency Borrowing Two other special features of Optional Plan B relate to the payment of claims against the city and to emergency borrowing procedures. Optional Plan B cities follow the usual city pro- cedure for the payment of claims, i.e. filing of claim, audit, approval, and issuance of orders. (See Chapter 20.) In Plan B cities, however, the manager instead of the clerk must sign the order, and there is no authorization for marking an order "not paid for want of funds." Every council resolution or mo- tion authorizing a disbursement must specify the purpose of the disbursement and the fund the city will use to pay it. Unencumbered money is money which the city has not yet spent or committed to the payment of outstanding orders. The manager must make a notation on each contract showing which fund the city will use to pay it. Although the law prohibits the council from marking an order "not paid for want of funds," Plan B city councils may authorize the treasurer to sell emergency debt certificates. 9 The council may au- thorize this in any year, if the receipts, through an unforeseen cause, become insufficient to cover the ordinary expenses of the city or if any disaster or other public emergency causes extraordinary ex- penditures. Emergency debt certificates may not run for a period longer than two years and may not bear an interest rate in excess of seven percent per annum The city must levy a tax sufficient to redeem all such certificates at maturity. The levy would be a part of the budget for the following year. Issuing emergency debt certificates is possible only if all five members of the council approve an ordinance authorizing the issue. Thus, any council member can, in effect, veto the issuance of emergency debt certificates. Distinct features of Optional Plan B 1. A council composed of an elected mayor and four elected council members runs the government. They exercise legislative au- thority and appoint a city manager. 2. A city manager, appointed by and respon- sible to the council, must effectively administer the city business in accordance with the decisions of the council . Handbook for Minnesota Cities Chapter 3 3. The manager appoints a clerk and trea- surer for indefinite terms. 4. The manager appoints an attorney subject to the approval of the council . 5. All administrative boards and commis- sions, except for a civil service board (if there is one), expire and the council as- sumes their functions. 6. Advisory boards and commissions may continue to operate. 7. The manager has full responsibility, sub- ject to existing civil service rules and reg- ulations, to appoint all city administrative officials and their subordinates. 8. The manager must prepare estimates for an annual budget and submit them to the council . 9. No authorization exists for marking an or- der "not paid for want of funds." 10. A council may, in specified circumstances with a unanimous vote, authorize the trea- surer to issue emergency debt certificates. Changing the Form of Government Changing the form of government in a city re- quires two procedures. The first procedure in- cludes the necessary legal steps. Legal steps are the initiation of the proposal, the submission of it to the voters, and the certification of the results to the county auditor and the secretary of state. The second procedure is the gradual alteration of the government structure, to conform to the re- quirements of the new plan. This step takes time because the change in the form of government can- not cut short the term of office for an elected of- ficial nor can it change the time of election for any elected person. All cities use the Plan A form of organization unless they have voted to remain on the Standard Plan. If a city abandons an optional plan, its gov- ernment reverts to the Standard Plan unless the abandonment procedure specifies the adoption of an optional plan previously in effect. Page 39 CSM FEB 21 '91 The Statutory City Steps in Changing to an Optional Plan 10 1. Initiating the proposal. A city may accomplish this in either of two ways: a. The council may, upon its own motion, submit an optional plan for voter consideration; or b. The voters may require the council to submit the question at an election by presenting a written petition with signatures from a num- ber of voters equal to at least 15 percent of the total number of people voting in the last city election. Once the council has received a petition requesting a referendum on one of the optional forms of govern- ment, it is doubtful that the council can submit a dif- ferent plan at the same election or call an earlier election for a vote on a different plan. Such an action would circumvent the provision which makes the peti- tion mandatory. 2. Submitting the plan to the voters. Ordinarily, the council has discretion to determine whether the optional plan should go to the voters at a regular election or a special election. If the council decides on a special election it also must set the date. The procedures for calling a special election on the adoption of an optional plan are the same as for any other special election. (See Chapter 5). A petition requesting the submission of the op- tional plan to the voters may also request a special election on the question. A special election petition, however, requires a number of signers equal to 20 percent of the number voting at the last city election, rather than the 15 percent for the optional plan peti- tion. If petitioners present a special election request, the council must order a special election and set a date for that election. If the council fails to comply within a reasonable time, a court order could presumably force the city to act. The attorney general has held that the city must hold an election when voters submit the proper petition. 11 If the council receives a petition asking for the sub- mission of an optional plan before a regular city elec- tion and there is enough time to allow for the neces- sary two-week published or ten-day posted notice, the council probably cannot delay submitting the question until a later time without the consent of the petitioners. When submitting an optional plan question to the voters, the question on the ballot must be in substan- tially the following form. 12 • For Plan A. "Shall Optional Plan A, modifying the standard plan of city government by providing for the appointment by the council of the clerk and treasurer, be adopted for the government of the city?" • For Optional Plan B: "Shall Optional Plan B, providing for the council-manager form of city government, be adopted for the govern- ment of the city?" The question is to be followed by the words "yes" and "no" with appropriate squares before each in which a voter may indicate his or her choice. Passage requires a majority of those who cast a vote on this question. Once an optional plan goes into effect, thecry may not change it until after a three- year trial . If a majority of the voters are in the negative, the optional plan proposal fails and the city continues to operate under its existing form of government. In this case, voters may not petition the council to call a special election on the question of adopting. an op- tional plan within the following six months. 14 This qualification does not apply to the council which may call a special election on any question at any time. 3. Certifying the plan's adoption. When a majority of the voters approve an optional plan, the clerk must promptly notify the county auditor and the secretary of state by filing a certif- icate stating the date of the election, the question submitted, and the vote. If the voters reject a proposed change in 'the form of government, the clerk does not need to notify these officials. New cities are incorporated directly under Plan A but may adopt an alternate plan at any time. 15 Changing to Plan A 16 After the adoption of Plan A, the elected clerk and treasurer serve out the balance of their respective terms. During this period, their relationships to the council are the same as before, with the clerk con- tinuing in the dual role of council member and ad- ministrative officer. If a vacancy occurs in any of these offices before the end of the incumbent's term, Page 40 Handbook for Minnesota Cities ciM FEB 21'91 the council must fill the vacancy just as it would have done had the city not adopted the optional plan. 17 A successor, during the unexpired term, serves in the same manner and with the same duties as the predecessor. The successor to the clerk, for example, would continue to act as a member of the council until the end of the term 18 Plan A actually goes into effect upon the expira- tion of the term of the incumbent clerk. When that term expires, the council then appoints a new clerk who performs the duties given by statute and by council action. The difference in the relationship to the council is that the council appoints the clerk for an indefinite term, the council may remove that per- son at any time, and the clerk is no longer a member of the council . When the term of the treasurer ends, the council should appoint someone to fill this posi- tion. To replace the clerk on the council, voters should elect an additional council member at the election which precedes the end of the incumbent clerk's term The new council member serves a term of four years beginning on the first business day of January of the next year. This new member is like any other person serving as a member of the council and receiving a council member's compensation. When the voters adopt an optional plan at the elec- tion at which they elect the clerk, the candidate the voters elected as clerk becomes the fourth council member upon taking office in January, unless the council wishes to appoint that person to the office of clerk. 19 In that case, the council must then declare a vacancy in the position of the fourth council member and proceed to fill the vacancy as it nor- mally would. When voters elect the treasurer in the election at which they adopt an optional plan, the election for treasurer is nullified. In this case, at the first council meeting in the following year, the council should fill the office of treasurer by appointment for an indefinite term 20 Changing to Plan B 21 When a city adopts an Optional Plan B, the status of the incumbent clerk and treasurer and the fourth council member is the same as it is in a city adopting Optional Plan A. Optional Plan B goes into effect as soon as the voters adopt it, but it does not become fully operative until the council appoints and qualifies the first city manager. This appointment must be made "as soon as practicable" after voters adopt the plan. When the manager has taken office, NOW Chapter 3 the independent boards and commissions go out of existence. Although the manager cannot remove the incum- bent clerk and treasurer before the expiration of their respective terms, they become subordinate to the manager and are subject to the manager's direc- tion. 22 The statutes specify the duties of the treasurer and assessor, therefore the manager may not curtail their duties or assign other officers to per- form those duties during the holdover period. If a vacancy in the office of the elective clerk or treasurer occurs before the expiration of the term of the incumbent, it is the council and not the manager who appoints the successor. As in the case of Plan A cities, the appointment is only for the unexpired term When the terms of the clerk and treasurer ex- pire, the manager appoints the successors to these officials. The manager also has the power to remove them Optional Plan B requires the manager to prepare, and the council to adopt, a budget. However, these provisions cannot be operative until the plan has been in effect long enough to allow the manager and council to perform these tasks before tax -levying time. As a result, a budget to control expenditures will not take effect until the beginning of the first calendar year after the manager has been in office for at least five months. Similarly, the provisions making the manager the chief purchasing agent of the city and requiring that person to join with the mayor in signing orders, con- tracts, and other legal documents on behalf of the city cannot apply until the council appoints a manager and he or she takes office. In the meantime, the clerk signs these orders. Factors Affecting Changes to all Optional Plans The general city law is applicable to all cities operating under optional plans except to the extent that it is inconsistent with the statutory provisions relating to the optional plan. The same is true of all the ordinances the city passed prior to the adoption of the plan. The old ordinances are still in effect until the council repeals or amends them, unless they are inconsistent with the state law governing the newly adopted optional plan. 22 Thus, the ordinances for the preservation of the peace would still be valid and effective, but ordinances establishing certain council Handbook for Minnesota Cities Page 41 CIM FEB 21 '9) The Statutory City committees or prescribing duties for certain officers might be inoperative. The change to an optional plan does not change judicial proceedings that began prior to the city's adoption of an optional plan, nor does it change rights or liabilities the city acquired before such an adoption. The council and city officers must make organizational, accounting, and other adjustments in accordance with the scheme of their new form of government. Changing From One Optional Plan to Another Any time after three years following the adoption an optional plan, the voters or the council may re- quest a change to another of the options. 24 The three steps of initiation, submission to the voters, and certification are the same as for the original adoption proceedings. When a city changes from one optional plan to an- other, incumbent members of the council continue to serve until the expiration of their respective terms and the change does not affect the election schedule. The new optional plan goes into effect as soon as is practicable after approval. When the council receives a petition requesting a transfer to another optional plan, or when the council itself initiates such a proposal, only one question, that of adopting the suggested optional plan, goes on the ballot. An affirmative vote means the adoption of the suggested optional plan. A negative vote, however, means only the rejection of the suggested option. In such a case, the city continues to operate under the optional plan which was in effect at the time of the election; it does not revert to the standard plan. 25 Abandoning an Optional Plan The council may submit a question on the aban- donment of an optional plan to the voters at any time after three years have elapsed since the plan's adop- tion. 26 Either the voters through petition or the council through its own motion may request an aban- donment. The question goes to the voters in the same manner as the original adoption question did. The only change in the procedure, is the substitution of the word "abandonment" in the proposition state- ment on the ballot. If the voters favor abandonment, the incumbent council members continue in office until their terms expire. In the election in the year when the terms of two council members expire, voters will elect only one council member. They will also elect a clerk. The clerk doesn't serve as a member of the council until the first council meeting in the year following the expiration of the terms of the two council members. The appointed treasurer would continue to hold office until voters elect a successor and he or she officially begins the term of office. Since the office of assessor is no longer elective under any form of city government, the transition would not affect this position. C. General Powers of a Statutory City The basic listing of powers of statutory cities is in the City Code. 27 That list contains most, but not all, of the powers which councils can exercise. In ad- dition to the powers in that list, the City Code aut- horizes cities to do the following: 1. To create departments and advisory boards and appoint officers, employees, and agents for the city which are deemed necessary for the conduct of city affairs (Ch. 6 and 7); 2. To prescribe the duties, compensation, and employment conditions for its employees (Ch. 6 and 7); 3. To make the annual tax levy and to exercise full authority over the financial affairs of the city (Part VI); 4. To own and operate any waterworks, gas, light, power or heat plant; 5. To purchase gas; electricity, water, or heat for wholesale prices and to resell it to local consumers; . 6. To establish a public utilities commission with the powers and duties established for such bodies by law (Ch. 6); 7. To provide parks, parkways, recreational facilities, and, in cities of more than 1,000 population, a park board for the main- tenance of the park (Ch. 6 and 16); 8. To designate a legal newspaper (Part VII); Page 42 Handbook for Minnesota Cities CIM FEB 21 '91 1990 Supplement Chapter 3 9. To prosecute people who violate ordinances (Ch. 6). Scattered throughout the statutes are many other powers which statutory cities can exercise. Among these are the following: 1. To plan for the future development of the city and to take steps to implement that plan (Part IV); 28 2. To carry out a program of housing and redevelopment in the city (Part IV); 29 3. To levy special assessments for public im- provements (Part IV); 30 4. To borrow money (Part VI), 31 5. To control the subdivision of land (Part IV); 32 6. To provide off-street parking facilities; 33 7. To acquire and maintain a municipal for- est; 34 8. To construct and maintain war memorial buildings; 35 9. To operate libraries (Part IV).36 , 10. To construct and operate municipal air- ports (Part IV); and 37 11. To 38 employ public health nurses (Part IV). Cities have many powers in addition to these. To determine whether a statutory city has a certain power, begin by checking the table of contents and index of this book or contact the League. City offi- cials should always refer to the statutes when they have questions concerning city authority. A common problem that arises in discussion of city powers is the interpretation of how such powers ap- ply in actual practice. In other words, will the courts allow cities to exercise only those powers that the law strictly spells out or will they allow a city to exercise any functions or powers reasonably related to a statutory grant of authority? Traditionally, the courts solved this problem by referring to a rule that Judge John F. Dillon put forth in 1872. Dillon's rule held that a strict or literal interpretation of the law should be used in defining the municipal powers granted by that law. Minnesota courts, however, have deviated markedly from Dillon's rule. They have tended toward more liberal interpretations of statutory or charter grants of authority to cities. In commenting upon the interpretation of city authority "to provide for the general welfare," the Minnesota Supreme Court has stated, "The council's estimate of the gen- eral welfare should be followed unless it is plainly erroneous." 39 The important point is that cities can liberally in- terpret their grants of authority. They can assume that they can exercise any powers which the statutes expressly grant to them or which directly relate to the statutory grant and are necessary for the proper fulfillment of that grant . Handbook for Minnesota Cities Page 43 ciM FES 21'91 Legal Notes for Chapter 3 1. These cash basis laws are: Laws 1929, Chap- ter 208; Laws 1933, Chapter 211; Laws 1937, Chapter 356; and Laws 1943, Chapter 526. 2. Attorney General Opinion, 471-H, March 29, 1957. 3. Minnesota Statutes, 412.572-412.591. 4. M.S. 412.601-412.751. 5. M.S. 412.611. 6. M.S. 412.641. 7. A.G. Op. 469-A-2, September 20, 1951. 8. M.S. 412.701 - 412.731. 9. M.S. 412.751. 10. M.S. 412.541 - 412.572; 412.601. 11. A.G. Op. 472-0, March 20, 1961, LMC 180j. 12. M.S. 412.551, Subd. 2. 13. M.S. 412.551, Subd. 4. 14. M.S. 20510. 15. M.S. 414.02, Subd. 3. 16. See, generally M.S. 412.571. 17. A.G. Op. 470-L, October 8, 1951. 18. A.G. Op. 471-M, April 12, 1956. 19. A.G. Op. 472-C, September 10, 1964. 20. A.G. Op. 484-E-4, November 17, 1950. 21. See generally, M.S. 412.571. 22. M.S. 412.571, Subd. 2; 412.681. 23. M.S. 412.561, Subd. 2. 24. M.S. 412.551, Subd. 1. 25. A.G. Op. 484-E-4, November 20, 1957. 26. M.S. 412551, Subd. 4. 27. M.S. 412.211, the City Code, see Appendix A in this Handbook for a reprint. 28. M.S. 462.351 to 462.364. 29. M.S. 462.731 to 462.821. 30. M.S. Ch. 429. 31. M.S. Ch. 475. 32. M.S. 462.351 to 462.364 and Ch. 505. 33. M.S. 45914. 34. M.S. 459.06. 35. M.S. 416.01. 36. M.S. 134.07. 37. M.S. 360.032. 38. M.S. 145.08. 39. C11y of Duluth v. Cerven.); 218 Minn. 511, 517, 16 N.W. 779 (1944) See also, Tousky v. Leach, 180 Minn. 293, 230 N.W. 788 (1933) which holds, "It should be given to the legislative power conferred upon cities by its general wel- fare clause ... there is (now) a clearly noted departure in the direction of a less restricted rule; and now legislation not authorized in specific terms but in direct and necessary aid of a specific grant is ,sustained." See also, Sverkerson v. City'of Winneapolis, 204 Minn. 388, 283 N.W. 555 (1939); City of St. Paul v Fielding and Shepley Inc. 155 Minn. 471, 194 N.W. 18 (1923). Handbook for Minnesota Cities Page 45 CIM FEB 21 '91 The Home Rule Charter City Chapter 4 Minnesota's two basic types of cities are home rule charter cities, operating under a local charter, and statutory cities, operating under the statutory City Code. This chapter will examine the organization and general powers of the home rule charter city. This examination will include the following topics. A. Distinction Between Home Rule Cities and Statutory Cities B. The Home Rule Charter C. General Powers of a Home Rule Charter City D. Conflict Between State Laws and Home Rule Charters E. How Charter Cities Should Use This Handbook A. Distinction Between Home Rule Cities and Statutory Cities The major difference between home rule cities and statutory cities in Minnesota is in the kind of enabling legislation that governed their incorpora- tions. Statutory cities derive their powers from Chapter 412 of the Minnesota Statutes. Home rule cities obtain their powers from a home rule charter. The distinction between home rule cities and statutory cities is one of organization and powers; not any classification of population, size, area, geographical location, or any other physical feature. Another important difference is that all statutory city powers come from the state legisla- ture directing or authorizing them to do certain things. In the absence of such authorization, statutory cities have no powers to undertake any- thing. Home rule charter cities can exercise any powers in their locally adopted charters as long as they are not in conflict with state laws. Voters in home rule cities have much more control over the powers their city can exercise. Charters, therefore, become of interest to statutory cities which have encountered special problems they cannot solve under general city laws. If a statutory city finds itself in such a situa- tion, it can either request the legislature to change the City Code or to adopt a special act, or it can become a home rule city with a home rule charter that specifies its powers. The voters must approve the charter in a local election. B. The Home Rule Charter Home rule charters are, in effect, local constitu- tions. State laws give cities 'a wide range of discre- tion in adopting charters. The charter may provide for any form of municipal government, as long as it is consistent with state laws that apply uniformly to all cities in the state. The four forms of government home rule charter cities in Minnesota use are: mayor -council, which in turn can be subdivided into strong mayor - council and weak mayor -council; council-manager; and commission. Handbook for Minnesota Cities Page 47 CIM FFB 21 '91 The Home Rule Charter City 1990 Supplement The weak mayor -council plan is the most pre- dominant. Most home rule cities use this form. Un- der this plan, administrative as well as legislative authority is the ultimate responsibility of the coun- cil as a whole. The powers of the mayor are gen- erally no greater than those of any other member of the council. No individual council member holds any specific administrative powers. The strong mayor -council plan is not very com- mon in Minnesota. Only a few home rule cities use this form. Under this plan, the mayor is responsible to the council for the operation of all administra- tive agencies. Under the usual strong mayor - council plan, the mayor can generally appoint and remove subordinates, is not a council member but can veto council legislation, and prepares and administers a budget subject to council approval. The chief function of the council is to legislate and set policies. A charter can vary any of these fea- tures. About one-fourth of the home rule cities in Minnesota use a council-manager form of govern- ment. Under this form, the council has policy making and legislative authority, but administration of the government is the responsibility of a manager who answers directly to the council. Here again, the home rule charter can change this plan. The commission form of organization has never been very popular. Over the years only a few home rule cities have used it. Today, only one home rule city uses the commission form. No statutory city has ever used it. In a commission city, each elected council member is responsible for a particular ad- ministrative department so that in addition to duties as a legislative official, the council member is also a department head. The charter can also change this form. (See Chapter 1 for more detail on the forms of city government.) Any city may adopt a home rule charter. Of the 854 cities in the state, 107 now operate under a voter -approved home rule charter. Advantages of a Home Rule Charter The home rule charter form of city government has advantages and disadvantages. 1 Briefly, the advantages of home rule are the following. • Every home rule charter city may have the form of government and the range of local powers and functions which the people of the city desire. Residents of the city draw up the charter locally, in the open. The elec- tors of the city must adopt it. Needed changes in the local government can occur locally instead of waiting to propose a new law when the legislature meets. • The entire home rule process educates the voters of the city. Some voters work on charter commissions. All voters must learn about the charter and amendments because they must vote on proposed changes. • A city charter may cover many functions and procedures or it may be as simple as the statutory city form of government. A home rule city, unlike a statutory city, has the power to make changes to fit its own needs by amending its charter, subject to state law. (See Section D of this chapter). If state law is silent on a subject, the local citizens may assume powers for their city by including them in their charter. Likewise, they may include limitations which are more stringent than those in the general state laws. For ex- ample, several home rule charters contain tax and debt limitations. • The cost of government under a city charter need not be any greater or less than under the statutory city form of government. Disadvantages of a Home Rule Charter Disadvantages of home rule charters may in- clude the following. • The experiences of other cities concerning the application of a charter or of the statutory city law become of little direct help to the home rule charter city. For example, the Supreme Court or the attorney general can give a ruling concerning a statutory city which, in most instances, will be equally ap- plicable to all other statutory cities in the state. But, rulings affecting a home rule charter will usually concern only those other cities which have very similar charter provi- sions. • Poor local drafting of the charter may be a danger. Some home rule charter cities have had difficulties because the people who drafted the charter knew little about Page 48 Handbook for Minnesota Cities cine FES 21'91 charter drafting or did not have the time to do a competent job. A city can minimize this difficulty by using model charters and relying on competent professional advice. 2 • Anyone looking for the applicable law relat- ing to a home rule charter city must consult not only the statutes but the particular home rule charter. Only a few collections of home rule charters exist, and when seeking advice, an up-to-date copy of a city charter is of utmost importance for the ad- vice to be accurate. • The cost of preparing a home rule charter should be relatively minor, but the smaller the community the larger the cost will be in proportion to the population. • A city may abandon a home rule charter. The process for abandoning a charter is the same as the process for adopting a charter and this may sometimes be complicated. • In some cases, charter amendments are hard to pass, especially when they are con- troversial . Sometimes, supporters or op- ponents of the proposal, in order to avoid dividing the community, go to the legisla- ture for a solution. This action tends to defeat the purpose of adopting a charter in the first place. Essentials of a Good Home Rule Charter Because of the difficulty in amending and aban- doning a home rule charter, the charter should deal with fundamentals, giving the city council the authority to provide more detailed regulations through ordinance. Simplicity and brevity are es- sential to a good charter. A charter should be brief enough to be read in a few hours and provi- sions should be simple and plain in order to avoid the possibility of two or more interpretations. Another essential of a good charter is a com- prehensive grant of power to the city in general terms. Because cities are organized to promote the welfare of the people, and people are in complete control of their affairs in a charter city through their elected representatives and charter commis- sion members, they should not fear entrusting the city government with a wide range of powers. If Chapter 4 the people feel it necessary, the charter can include initiative, referendum, and recall provisions as ad- ditional checks to prevent the abuse of powers within the city. A good city charter should provide for a work- able, responsive organization of the city govern- ment. It should be simple enough that all citizens and officials can understand it. Its design should eliminate red tape and make city government more effective by reducing the number of working parts. It should encourage and reward expertness and ef- ficiency in the administration of the city and should discourage the untrained citizen who tries by political influence to achieve a position which the citizen may not be qualified to fill. Even though all cities should maximize the use of volunteer citizen service, small cities should determine whether they would save money in the long run by hiring one or more full-time trained city official(s) for administrative work instead of relying on volunteers or non-professionals to administer the city. A growing number of small cities have done this, and some small cities even share the same administrator. (See Chapter 7 for more information on sharing an administrator.) A city should have only a few, though important, elective officers so that voters will be able to cast their ballots intelligently. The charter should never ask the voters to elect non -policy-making ad- ministrative officers. The city should have only a single body to legislate and determine policies for the city, and voters should elect this body. This single legislative body, the city council, should be fairly small, between five and nine members. Members of the council should hold office for fairly long terms, up to four years, in order to gain experience. If the voters may recall their officers, as several city charters allow, a four-year term rarely results in a recall. If possible, the city should centralize respon- sibility for administration in one person, either a strong mayor or a chief administrative officer. The charter should keep the number of advisory boards to a minimum. All advisory boards should report directly to the city council . 3 Adopting and Amending a Home Rule Charter Although one of the principle virtues of the home rule charter is that it permits each city to Handbook for Minnesota Cities Page 49 CIM FEB 21 `91 The Home Rule Charter City tailor-make its charter to its own individual needs and desires, the city should contact the League of Minnesota Cities for research memos and advice that will assist in the drafting, amending, or adopt- ing of a charter. 4 The Charter Commission The process for the appointment of charter com- mission members is very simple. A city may follow one of three processes. 5 First, the district court (acting through its chief judge) of the district in which the city lies may ap- point a charter commission without waiting for a petition of the people. The court will probably not do this, however, until the people in the city have shown some interest in the matter. The court usually waits until some locally influential citizens or clubs approach it. Second, the court must make the appointment if it receives a petition signed by voters who con- stitute at least 10 percent of the number of voters who voted at the last city election. Smaller cities may find it easier to get the signatures of the necessary number of voters. Third, the council of any city may by resolution request the appointment of a charter commission. This action would require the district court to ap- point commission members. Appointment of commission members. It's usually the district court that makes charter com- mission appointments. The only statutory qualification for members of charter commissions is that they be qualified voters of the city. 6 Com- mission members may hold some other public of- fice or employment except for a judicial office. 7 City council members may serve on charter com- missions. No person may serve more than two suc- cessive terms. Having determined to make the appointments, or having been directed by a petition or council resolution so to do, the court listens to information from interested citizens concerning appointments. A city council, the petitioners requesting appoint- ment of a commission, or in the case of new ap- pointments to an existing commission, the charter commission itself, may suggest names of eligible nominees to the district court for consideration. 8 �g The court, acting through the chief judge, makes the charter commission appointments by filing an order with the clerk of the district court for the county in which the city lies. Appointments are for staggered or overlapping terms. Of the initial ap- pointments, half the members plus one serve two- year terms and the other half, four-year terms. Thereafter, the chief judge appoints new members every two years and also fills vacancies as they oc- cur. After the chief judge makes the appointments, the clerk of the district court notifies the appoin- tees, who have 30 days in which to file their written acceptances and oaths of office with the district court clerk. Charter commissions can have between seven and 15 members. The court determines the size, unless a petition of the voters or resolution of the governing body of the city specifies the size of the commission in the petition or resolution. 9 Any city having a home rule charter may amend the charter to fix the size of the commission at between seven and 15 members. Once appointed, a charter commission becomes a permanent body. Its membership will change from time to time because each member serves a four-year term, but the commission as such goes on indefinitely. Failure of the body to meet or to function does not end its existence. When a com- mission member's term expires or a vacancy oc- curs, the chief judge has 30 days to make an ap- pointment . If the judge fails to do so, the governing body of the city may appoint the new members, unless within the 30 -day period, the chief judge indicates in writing to the governing body his or her intention to make the appoint- ments. In this case the judge has an additional 60 days within which to make the appointment. Vacancies. 10 The commission may experience vacancies in various ways, as by death, disability to perform duties, resignation (including failure to file the acceptance and oath of office), or removal from the corporate limits of the city. The district court may remove members from the commission at any time by written order. The order, in this case, must show the reason for removal. If any member fails to perform the prescribed duties and fails to attend four consecutive meetings of the commission without satisfactory reason, a majority of the members may sign a request for the mem- ber's removal, and the court must order the Page 50 Handbook for Minnesota Cities removal. The chief judge fills all vacancies by ap- pointment for the unexpired term. The commission should always contain its full complement of mem- bers. Functions of a charter commission. Because a charter commission is a permanent body, the city is never legally without that board. Its function is to continue to study the local charter and govern- ment. The charter commission act itself requires that the commission meet at least once each calen- dar year. In addition, upon presentation of a peti- tion of at least 10 percent of the number of voters at the last municipal election, or upon a resolution of a majority of the city council, the commission must meet to consider anyproposals set forth in the petition or resolution. 11 If voters reject the first charter the commission proposes, it may submit another, and another, until the voters finally adopt one. Thereafter, the com- mission may submit new charters, or amendments to the old charter, whenever it sees fit. The charter commission is like a standing con- stitutional convention. It has the power to propose charter changes at any time. If the city's charter does not work or proves to be faulty in operation, it is the commission's duty to propose improve- ments. It should, therefore, meet at regular inter- vals, at least twice a year, and keep its organization intact should any emergency arise. Drafting the Charter Within 30 days after its appointment, the charter commission must make rules, including quorum re- quirements, on its operations and procedures. 12 The commission must file an annual report of its activities with the chief judge on or before Decem- ber 31 of each year, and must send a copy of the report to the city clerk. In a city without a home rule charter, the new charter commission must deliver to the city clerk as soon as practicable, either a report stating that a home rule charter is not necessar or desirable, or the draft of a proposed charter. y13 A majority of the members of the commission must sign the report or the charter draft. Advice and assistance. Drafting a city charter is a complex and difficult matter requiring special skill. There are not many skilled charter drafters in the entire country. A charter commission may, 1Z Chapter 4 subject to the dollar limitations contained in the law, 14 employ an attorney and other personnel to assist it in drafting a charter. Before getting too far along in the process, a charter commission should seek advice on what should go into a charter and should also, before proposing a charter, submit a draft to some impartial expert for final criticism. The League can be of assistance both directly and in suggesting the names of charter experts as well as in furnishing the commission with a num- ber of pertinent memorandums. The charter com- mission may find it helpful to have a member of the League's professional staff attend an early meeting of the commission to talk about forms of government, drafting procedure, and major policy problems. The League will also provide general advice and League counsel will examine and criticize any charter draft without charge. Almost all proposed charters have been sent to the League for this kind of review and comment. The League, through the CLEAR pro am, offers a charter drafting service for a fee. 15 The commission and its committees should secure informed and interested opinions from citizens and city officials about the existing form of government and proposed changes. If people have criticisms of the existing government, the charter commission should consider them in its drafting work. The same is true with good ex- perience with some features of the existing charter or laws under which the city operates. The com- mission should bring tentative proposals to the at- tention of the public and city officials before making final decisions. Often the mayor, council members, and city officials may, from their city legislative and administrative experience, have special insights into the merits or practicality of particular proposals. When a majority of • the commission members approve a charter draft, the commission should make and authenticate at least three good, clear copies. All the members who approved the draft should sign each of the copies. One of these should go to the clerk of the city, who will deliver it to the city council. The charter commission should keep the second copy in its own riles. A third copy should be kept for the use of the printer. Obviously, the three copies should be ab- solutely identical in content . Handbook for Minnesota Cities Page 51 CIM FFR 21'91 The Home Rule Charter City The Charter Election 16 After receiving the signed draft charter, the clerk notifies the city council of the receipt of the proposed charter and that the council must submit the charter to an election by the voters. If the council fails to do this, the court may order it. The council has several options as to the time of the election. If no general city election is to oc- cur within six months after the clerk receives the draft, the council must call a special charter elec- tion within 90 days of receipt of the draft charter. If, however, a general city election is to occur within six months, the council may either postpone the election on the charter until that general elec- tion, or may call for a special election on the charter prior to the general election. The charter commission may recall its proposed charter at any time before the council has fixed a date for the election; and the council may author- ize the commission to recall the charter at any time prior to the first publication of the proposed charter. The notice of election must include the complete charter. The notice must be published once a week for two successive weeks in the offi- cial newspaper and may be published in any other legal newspaper in the city. 17 The charter campaign. Charter commission members have differed in their views of the role of the charter commission and its members in the charter campaign. The law does not give the com- mission any responsibility after the charter has left the commission's hands, nor does it set any restric- tions. Some charter commissions have been the principal sponsoring organization for the charter. Commission members have been responsible for publicity and have made public speeches on the charter's behalf. In other cities the commission as a whole has not been involved in the campaign, though some- times individual members have participated. Be- cause the statutes do not address the subject, what commission members do will depend on their own perception of their appropriate role. Surely no group is likely to know more about what the charter contains and why, and none is likely to be more interested in the outcome of the charter elec- tion. No outsider can give much advice about how to campaign for adoption of the charter. Local con - ditions and the kind of opposition which develops will determine what the community needs to do. However, overconfidence frequently results in the defeat of a charter. The opposition is usually vocal and often well organized. It is no easy task, espe- cially at a general election, to get the necessary majority to vote in favor of the charter. However, frankness and honesty about the contents of the charter help disarm opposition. Throughout its en- tire proceedings, the commission should let the public know exactly what it's doing and it should ask for public cooperation. Form of ballot, required majority, certincation. The city covers the expense of a charter election. The ordinary rules as to the conduct of elections applies but the statutes add the following provi- sion: 1$ "If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elec- tions ... The ballot shall bear the printed words, `Shall the proposed new charter be adopted? Yes -- No,' with a square after each of the last two words, in which the voter may place a cross to express his choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate his preference in any instance by inserting a cross in like manner." 1y The Constitution provides that the legislature may set by law the majority necessary to adopt a proposed charter. The majority now needed to adopt a charter is 51 percent of those voting on the question at the election, except that provisions to remove or amend charter provisions establish - liquor patrol limits need a 55 percent majority. nogStatutory provisions specifying the percentage of votes necessary to adopt a new or revised charter or to amend a charter, supersede conflict- ing charter provisions. 21, If voters adopt the,charter, the city clerk must file copies in the office of the secretary of state, the office of the register of deeds, and the clerk's office. 22 A certificate attesting to its accuracy and giving the date of the election and the vote by which the charter was adopted must accompany each copy. Although the Constitution and laws do not re- quire it, the charter commission should retain at least one copy of the charter itself, and it should send printed copies to: Page 52 Handbook for Minnesota Cities CIM FB 21 '91 • Two or more to the League of Minnesota Cities; • One to the Minnesota Historical Society; • One to the Public Affairs Library at the University of Minnesota, Minneapolis; • One to the State Library at the Capitol; • One or more to the local city library; • One to the clerk of the district court for the county. All of these groups will frequently refer to the charter, and the city will gain a good name from distributing it. The League can use several copies to send on library loan to other Minnesota charter commissions considering new charters. Once the city clerk files the copies and certif- icates, the new charter will take effect 30 days after the election or at another time if the charter specifies. 23 The charter supersedes the previous charter of the city, if any. The courts must take judicial notice of it . The officials elected and appointed under the charter may take over the control of the city's records, money, and property at any time the charter specifies. It may provide that in the mean- time (that is, until an election of officers occurs), the officers under the old charter will continue to function. When the new charter becomes fully operational, the reorganized city corporation is in all respects the legal successor of the corporation under the old charter. Existing, consistent or- dinances and contracts continue until the council changes them or they expire by their terms. Amendments to the Charter 24 Amendments may originate in one of five ways. One, the charter commission may propose amendments at any time. Two, a number of voters (only registered voters may sign the petition) equal to rive percent of the total votes cast at the last state general election in the city may sign and file a petition with the charter commission. The petition must state the proposed amendment to the charter. The commis- sion must submit it to popular vote. The amend - =- Z Chapter 4 ment goes to the clerk of the city, who notifies the council. The council then provides for the election under the same rules as apply to a new charter. The council may not refuse to submit the amend- ment, or change it. However, a city council does not need to submit a manifestly unconstitutional charter amendment to the voters. 25 Three, the city council may propose an amend- ment by ordinance subject to charter commission review. The council submits the ordinance propos- ing an amendment to the commission which has 60 days to review. If the commission formally re- quests an extension, the council may extend this review period an additional 90 days. After the review period, the commission returns the amend- ment or its own substitute amendment to the coun- cil. The council submits to the voters either the amendment it originally proposed or the commis- sion's substitute amendment. 26 Four, the charter commission may recommend to the council that it amend the charter by or- dinance. In this case, the council by a unanimous vote (including approval by the mayor where the mayor has veto power), may adopt the ordinance after a public hearing which had two week's published notice. The notice must contain the text of the proposed amendment. The ordinance proposing the amendment is subject to the same publication requirements as other ordinances. The ordinance does not become effective for 90 days, and during the first 60 days, registered voters equal to two percent of the votes at the last state general election or 2,000 voters, whichever is less, may sub- mit a petition forcing a referendum on the amend- ment. If voters file the proper petition, the city must handle the amendment like any other charter amendment, except that the council may submit the ordinance at a general or special election that occurs within 60 days after the filing of the petition or it may reconsider its actipa in adopting the or- dinance. Five, in cities having ,& population below 10,000, the council may propose amendments by ordinance without submitting them to I the charter commis- sion. Four-fifths of all the council members must vote for the ordinance. The two-week published notice is necessary before the vote. The council must then submit the ordinance to the voters like any other amendment. The vote on an amendment. The election con- cerning proposed amendments and the arrange - Handbook for Minnesota Cities Page 53 CIM FEB 21 '91 �g The Home Rule Charter City 1990 Supplement meat of the ballot are substantially the same as in the case of the adoption of a new charter. 27 An amendment needs the favorable vote of 51 percent of those voting on the question or 55 percent if the amendment changes or removes liquor patrol limits. Amendments, like charters, need the clerk's certification and copies must be filed in the offices of the secretary of state and county recorder, as well as in the clerk's office. The League of Minne- sota Cities would also appreciate a copy in order to keep its charter collection up to date. Amend- ments take effect either at the end of 30 days after the election or at some other time if the amend- ment so specifies. The law allows for alternative proposals. New or revised charter. Any city having a home rule charter may adopt a new or revised charter in the same manner as an original charter. If a new or completely revised charter is to go to the voters, the preparation of the ballot is substantially the same for the original charter. Abandoning a Home Rule Charter Any home rule city may abandon its charter and become a statutory city. 28 Since the state was formed, only one city, Sauk Centre, in September 1989, has abandoned its charter form of govern- ment . The city may abandon its charter by present- ing a proposal, adopting it, and having it become effective in the same manner as a charter amend- ment. Accordingly, approval would require the ap- proval of 51 percent of those voting on the question. The proposal must include a schedule containing necessary provisions for transition to the statutory city form of government in order to place the city on a regular election schedule as soon as practicable. The proposal may provide for con- tinuation of specified provisions of the home rule charter for an interim period and must specify the standard plan or the optional plan under which the city will operate as a statutory city. C. General Powers of a Home Rule Charter City A city charter should deal only with the fun- damentals of the governmental organization of the city, leaving the council by ordinance free to exer- cise a broad grant of authority. Modern charters contain provisions claiming for the city all powers which the home rule provision of the Constitution permits a city to assume. 29 Older charters contain a long list of specific grants giving various powers to the city. In addition to powers the charter grants, various state statutes may give a city additional powers and regulate certain activities. For example, authority for such things as planning, police civil service com- missions, and municipal forest maintenance are in laws dealing specifically with these subjects. Broad Grant of Powers The following list of powers of home rule charter cities is not complete or all inclusive. Many powers of charter cities are discussed in more detail in the chapters of the Handbook dealing with the specific issues. In general, a home rule charter may provide any municipal powers which the legislature could have delegated to the city as long as they are consistent with state statutes. A number of city charters have attempted to do this. Under such a grant or more explicit grants, the charter may authorize the city to provide for medical clinics, for public transit, and for industrial parks, and it may authorize any of a whole range of public enterprises as long as they do not involve the use of public funds for an un- constitutionally private purpose. The limits depend more on public policy than on the lack of home rule charter power. Taxes Presumably, a charter may grant a home rule city this power although the state has pre-empted two local non -property taxes, the sales tax and the in- come tax. Former differences between home rule charter cities and statutory cities in property tax levy authority generally are no longer applicable because of the uniform levy limit law administered by the Department of Revenue. (See Part VI.) Finance The charter may, but does not need to, require a budget system. It may regulate the payment of claims. The charter also may limit or broaden the purpose for which the city may spend money beyond the limits in statutory cities. For example, a charter could allow appropriations to private agencies performing work of a public character, while statutory cities could probably not do so. The law limits statutory cities in their issuance of war- rants in anticipation of the collection of taxes. A charter may broaden or curtail this authority. Both types of cities, however, may use a system of tax CIM FEB 21 '91 Page 54 Handbook for Minnesota Cities anticipation certificates. A charter may lower the debt limit applicable to cities, but may not raise it. It can restrict the purposes for which the city may issue bonds, and it can make the procedure easier or more difficult. The charter may authorize the city to borrow money directly from banks and other lending institutions rather than from issuing bonds or certificates. (See Part VI.) Utility Regulation The Minnesota Public Service Commission reg- ulates the service and rates of private gas, electric, and telephone utilities. Charters may require gas and electric franchises and may adopt regulations, including requirements for a gross earnings tax or similar fees. (See Part IV.) Municipal Utilities Statutory cities may establish electric, gas, light, and power utilities only after a vote of the people, regardless of the method of financing they use. A charter may provide for acquisition without a vote or may require a different majority from the majority necessary in statutory cities. A charter may give the right of condemnation without time limitation. And, with proper charter authority, some utility bills may be made a lien on property. A charter may allow the city to use surplus utility funds to support general funds. (See Part II.) Ordinance Procedure Statutory cities may pass an ordinance on a single reading at the same meeting the ordinance first comes before the council. They must publish the ordinance in full in the local newspaper except where they adopt it by reference under state law. Statutory cities may, but do not need to require several readings and a lapse of time between readings. Charters may or may not provide for publication and they may impose other restrictions on the ordinance process. Statutory cities may not submit ordinances to the people under the initia- tive and referendum process but home rule charters may provide for initiative and referendum Personnel In home rule cities the charter may set procedures for appointments and removals of non - elective officers and employees at the discretion of the council . The charter may include restric- tions, such as a formal civil service system, and it y Chapter 4 may authorize the council to fix administrative salaries at its discretion subject to whatever limita- tions and procedure the charter provides. (See Part III.) Contracts State law establishes bidding procedures and uniform dollar limits for all city contracts for the purchase, sale, or rental of supplies, materials or equipment, or the construction, alteration, repair or maintenance of real or personal property. While the language leaves some doubt about the applica- tion of the law to home rule charter cities, the at- torney general has ruled that the statute super- sedes all charter provisions concerning uniform dollar limitations. 330 Presumably the charter may regulate some phases of the contracting procedure, but most charters deal only with subjects the state law doesn't cover. (See Part VI.) Tort Liability Both statutory and home rule cities are subject to the same tort liability imposed by statutes and court decisions. Home rule charter cities may not extend or curtail this liability for torts to any ex- tent. (See Part V.) Special Assessments Both statutory and home rule cities may finance almost any type of local public improvement by special assessment under a uniform statutory procedure. While most home rule cities use the state law, a city charter may provide a different procedure, and may require the city to use that method exclusively. The charter can require the city to use general funds or service charges for lo- cal improvements rather than using special assess- ments. (See Part VI.) Real Estate Statutory cities may acquire real estate the city needs for public purposes and the council can dis- pose of it when no longer needed for a public pur- pose. State law does not require bids and approval of the voters but a charter may impose such restrictions. (See Part VI.) Elections State statutes regulate many phases of election procedure, but many others are open to city regula- Handbook for Minnesota Cities Page 55 um FEB 21,91 The Home Rule Charter City tion through the charter. The law fixes the date of the city election in statutory cities for the first Tuesday after the first Monday in November of either the even or odd year. Home rule charter cities may set the election at any date and with any reasonable interval between elections. The charter also may request the terms of office. The charter can provide for recall elections although court decision have seriously limited the useful- ness of recall provisions. No recall system exists in statutory cities. The charter may use propor- tional representation as a method of election and may set up different nomination procedures from those in statutory cities. The charter may provide for ward representation which is not generally available to statutory cities. Accounting Under the law, statutory cities may employ a certified public accountant to make an audit or they may use the state auditor for this purpose. By charter, cities may require an audit each year or periodically and they may designate a person to perform the audit . Charter cities are also subject to the law that requires the state auditor to ex- amine a city's records on the initiative of the coun- cil or a petition of citizens. State law requires the publication of the annual financial statement in statutory cities. In home rule cities, the charter may require reports and publication of the reports depending on the desires of the community. The number and kinds of funds and the authority to transfer between funds may come under charter regulation with only a mini- mum of statutory restriction. In statutory cities, the law is more restrictive on this subject. (See Part VI.) Regulation of Activities Statutory cities must find a specific statute au- thorizing the licensing or regulation of an activity before it can regulate that activity. A charter city can use an "all -powers" provision in its charter to license or regulate activities within its borders. Without an "all -powers" or other broad grant of authority, a charter city must find a specific charter provision or state law authorizing the regulation. (See Part IV.) D. Conflict Between State Laws and Home Rule Charters Harmonizing general statutory language and charter provisions dealing with the same subject is often difficult. However, cities can, through the following process, resolve potential conflicts be- tween state laws and charter provisions. General Rule The general rule is that when a charter provision is in conflict with the state statutes, the statutory provision prevails and the charter provision is in- effective to the extent it conflicts with the state policy. 31 Identifying a Conflict When state law is silent on an issue a charter covers and the charter provision deals with a sub- ject which the legislature has the power to delegate to a city, the assumption that there is no conflict with state policy. On the other hand, when both a charter provision and a state law deal with the same issue, the possibility of a conflict occurs. Rather than requesting an attorney general's opinion or having a court resolve the possible con- flict, a city council can, by resolution, rely on the opinion of its own attorney as to whether a conflict exists. In making this decision, the attorney should consider the following points. 1. Is there a court case or attorney general's opinion dealing with the same or similar provisions? If so, the city must follow the court ruling, and although attorney general's opinions are advisory only, except to the requesting city, 32 the city should seriously consider the reasoning behind an attorney general's opinion. The Handbook attempts to identify all court decisions and attorney general's opinions dealing with charter and state law conflicts to assist charter city officials in determining what state laws apply to their city. 2. In the absence of a court decision or attor- ney general's ruling, does the state law clearly state or imply a policy decision of the legislature that the law apply to charter cities as well as to statutory cities? For laws the legislature passed since 1976, this determination is easy. In any law taking ef- fect after July 1, 1976, the word "city" Page 56 Handbook for Minnesota Cities CIM FEB 21'91 means "statutory city" only. 33 Therefore, after that date in order for a law to apply to charter cities, the law itself must clearly state that it applies to both statutory and home rule charter cities. A mere reference to all cities would not be sufficient to in- clude charter cities. For laws that took effect before that time, the city should look for phrases such as "all cities shall" or "unless the council determines to proceed under charter provisions" 34 for as clues to legislative in- tent. Generally, mandatory laws the legislature enacted prior to July 1, 1976, establishing procedures for the protection of the public probably apply to all cities. Resolving Conflicts Even if a general state law applies to a charter city, it may not supersede a charter provision. If Chapter 4 both the charter and state law direct the city to take certain actions or follow certain procedures, it may be advisable to follow both the charter provision and the state law, resolving any conflicts between the two provisions. State law supersedes charter provisions only to the extent that the charter provisions conflict with state policy. 35 E. How Charter Cities Should Use This Handbook This Handbook is for both statutory and home rule charter cities. Each of the following chapters will include a section on how that chapter relates to charter cities. Because of the differences in city charters, it is difficult to generalize about how state laws affect them However, when statewide laws and rules, court decisions, and attorney general's opinions apply to charter cities, the Handbook will mention this fact. Handbook for Minnesota Cities Page 57 GIM FEB 2.1'91 y Legal Notes for Chapter 4 1. See League memo Advantages and Dis- 20. M.S. 41011 and 410121. advantages of Home Rule Charters. 21. Attorney General Opinion 59a4l, Dec. 30, 2. See League memo A Model Charter for 1981. Minnesota Cities. 22. M.S. 41011. 3. See League memo Principles and Problems 23. M.S. 41011. of Charter Making. 24. M.S. 41012. 4. See League memos Model Charter for Minn- 25. Davies v. City of Minneapolis, 316 N.W.2d esota Cities, and Sources of Assistance to 498 (Minn. 1981). Charter Commissions. 26. M.S. 410.yy. 5. Minnesota Statutes 410.05, Subd. 1. See also, 27. M.S. 41010 and 41012. League memo Home Rule Charter Commis- 28. Minn. Const. Art. 11, Sec. 4, and M.S. sion Procedures. 410.50. 6. M.S. 410.05, Subd. 1. 29. Minnesota Supreme Court decisions 7. M.S. 410.05, Subd. 1. generally have given a liberal construction 8. M.S. 410.05, Subd. 3. to all -powers grants in city charters. Park v. 9. M.S. 410.05, Subd. 1. City of Duluth, 134 Minn. 296,159 N.W. 627 10. M.S. 410.05, Subd. 2. (1916); State ex rel Zien v. City of Duluth, 11. M.S. 410.05. 134 Minn. 355, 159 N.W. 792 (1916); City of 12. M.S. 410.05, Subd. 2. Duluth v. Cerveny, 218 Minn. 551,16 N.W.2d 13. M.S. 410.07. See also, League memo Home 779 (1944). See, 7 Minn. Law Rev. 306,321. Rule Charter Commission Procedures, 100c1. The strong statement of intent found in the 14. M.S. 410.06. League's model charter section should be 15. The City Lawyers Exchange Aid and adequate to assure that the omnibus grant Repository (CLEAR) provides legal assist- gives the city all municipal power that it ance to cities in a variety of areas including might receive through more specific grants. charter drafting. City attorneys pay an an- 30. A.G. Op. 59-a-15, August 22, 1969. nual fee to belong to CLEAR, plus hourly 31. Columbia Heights -Relief Association v. City fees for services. of Columbia Heights, 305 Minn. 399, 233 16. M.S. 41010. N.W. 2d 760 (1975). 17. In first class cities the publication must be 32. M.S. 8.07. made in a newspaper having an aggregate 33. M.S. 410.015. regular paid circulation of at least 25,000 34. M.S. 429.021, Subd. 3. copies. 35. Columbia Heights Relief Association v. City 18. M.S. 41010. of Columbia Heights, cited in note 23. 19. See League memo, Home Rule Charter Com- mission Procedures, 100cl, for a copy of a sample ballot, for a charter election. Handbook for Minnesota Cities Page 59 CIM 17FB 21 '91 Minnesota Department of Trade and Economic Development February 13, 1991 The Honorable Kim M. Bergman Mayor, City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Bergman: =- Office of the Commissioner 900 American Center 150 East Kellogg Boulevard St. Paul, MN 55101-1421 612/296-6424 Fax: 612/296-1290 This letter is to confirm our financing commitment for $500,000 to the City of Plymouth in support of the Carlson Marketing Group, Inc. development proposal. It is our understanding that the Carlson Marketing Group, Inc. will acquire and renovate the QVC building for the relocation of business operations. We further understand the company proposes to create 400 new jobs by the end of 1993 with the potential for a total of up to 650 jobs in 5 years. This commitment is subject only to the submission of a complete and fundable application. The funds will be made available through the Economic Recovery Fund Program and may be loaned to the company to help finance capital costs associated with the project in the City of Plymouth. The company may proceed with portions of the project prior to the date the application is approved and those funds will be considered private leverage for purposes of meeting program requirements. We commend the efforts of your staff and others who are involved in this important development project and we are looking forward to working with you to successful completion. Please contact Deputy Commissioner Robert Benner for additional information and technical assistance regarding the preparation and submission of the application and other program details. Sincerely, P44 "Ik— - - E. Peter Gillette Jr. Commissioner EPG:km COMM/I194-1 j"" "rte" An C41�194 plover iso i 1 FOR IMMEDIATE RELEASE February 19, 1991 ARNE H. CARLSON GOVERNOR JOANELL M. DYRSTAD LT. GOVERNOR CONTACT: Bob Benner (DTED) 612-297-2515 CARLSON WELCOMES JOB EXPANSION TO TWIN CITIES More Than 600 Jobs In Carlson Companies Move Governor Arne Carlson today joined with Carlson Companies President and Chief Executive Officer E.C. "Skip" Gage in announcing a major expansion of Carlson Marketing Group, Inc. in the City of Plymouth. A subsidiary of Carlson Companies, Inc., Carlson Marketing Group is expecting to add approximately 650 jobs over the next 12 months in Minnesota. Carlson Companies' current headquarters work force in Minnetonka and Plymouth is approximately 2,300 employees. As a result of the decision, the company is planning to expand operations in Plymouth. "This is great news for the City of Plymouth and for Minnesota," said Governor Carlson. "The new jobs will be a welcome boost to Plymouth, which suffered a loss of more than 3,000 jobs in the past 14 months." The influx of jobs is the result of a consolidation of Carlson Marketing Group's operation in Dayton, Ohio, into the company's Minneapolis operation. The company expects some of the jobs to be filled by current employees who will transfer from Ohio. Until the number of Dayton employees requesting transfer can be determined, the company cannot estimate the number of positions which can be filled by applicants in Minnesota. Peter Gillette, Commissioner of the Department of Trade and Economic Development (DTED), has been working with representatives of the company, which had been actively pursued by other states for this expansion, to insure that the new jobs would be located in Plymouth. State assistance in the form of a $500,000 grant to the City of Plymouth has been promised as an incentive for the proposed expansion. Gage stated that "aggressive support and cooperation from the city and state was a factor in our decision to locate this expansion in Plymouth. By consolidating our operations, we are eliminating duplication of services. This move will make it possible for our teams who create marketing programs for our clients to do so without the geographic communications barriers we have had with two operations in separate state." -- MORE -- AN EQUAL OPPORTUNITY EMPLOYER CIM FEB 21 '91 CARLSON COMPANIES - 2 In explaining the consolidation, Jim Pfleider, President of Carlson Marketing Group said, "We bring together teams of experts in motivation, promotions, training and other specialties to meet the needs of our Fortune 500 clients. We can do that more efficiently working in one location. "Many of our Dayton employees will be given opportunities and incentives to transfer here, but we still expect to fill many jobs with applicants from Minnesota," Pfleider said. Currently the majority of the Twin Cities Carlson Marketing Group, Inc., employees work at Carlson Center in Minnetonka and the company's former headquarters at 12755 State Highway 55 in Plymouth. It is anticipated that employees will begin to move in June of this year. Carlson Marketing Group, Inc., part of the Minneapolis-based Carlson Companies, Inc., is a global marketing agency that builds employee, customer and consumer loyalty for clients through a comprehensive array of services ranging from consultation, communications, learning systems, motivation and sales promotion. It employs over 5,000 people in more than 20 countries. Carlson Marketing Group is one of the primary operating groups of Carlson Companies, Inc., one of America's largest privately -owned companies. (Editor's Note: Despite the similarity in names, Governor Carlson is in no way affiliated with Carlson Companies or the Carlson Marketing Group.) - 30 -- CIM FEB 21'91 a :Ta4n\�' FOR IMMEDIATE RELEASE CONTACT JIM WILLIS 612/550-5011 PRESS RELEASE Plymouth Mayor Kim M. Bergman welcomed the announcement that the Carlson Marketing Group, Inc. was making a major expansion in Plymouth. Mayor Bergman stated, "The Carlson Companies have been premiere corporate citizens of Plymouth for more than 20 years. The City welcomes their continuing expansion in Plymouth, which will provide jobs for many metropolitan area citizens." Mayor Bergman noted that Plymouth continues to grow, and that companies such as Carlson Companies, Inc., are key to not only the past success, but the future plans of the community. Mayor Bergman stated, "Plymouth is eager to work with companies such as Carlson to promote long-term, stable economic growth in our region. It has been the strategy of Plymouth to develop the type of infrastructure needed to attract and retain quality employers. With the addition of the new jobs Carlson Marketing Group will be bringing to Plymouth, we are continuing on that path." CIM FEB 21'91 1r February 19, 1991 Leslie Wolack National League of Cities 1301 Pennsylvania Avenue NW Washington, D.C. 20004 ary of PLYMOUTFF SUBJECT: CABLE TELEVISION LEGISLATION Dear Ms. Wolack: Please include me among the elected mayors across the country who endorse the letter to Congress jointly sponsored by NLC, USCM, and NACO, to be dated February 15, 1991, with attachment describing the specific needs of local government in cable television legislation from the Congress in 1991. Sincerely, Kim M. Bergman Mayor KM:kec FEB 21 '91 3400 PLYMOUTH BOULEVARD, PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 550-5000 NORTHWEST SUBURBS CABLE COMMUNICATIONS COMMISSION 6900 Winnetka Avenue North Brooklyn Park, MN 55428 (612) 536-8355 Ix :1 jFEB 15 Ah idj1h i To: Commissioners From: Greg Moore, Executive Director Date: February 14, 1991 Enclosed is a letter from several city and county organizations urging Congress to re -regulate cable. I believe the letters speak for themselves. I am sending all the Commissioners this material and urging elected officials serving on the Commission to personalize the "sample letter" (enclosed) on your City's letterhead or the Commission letterhead (enclosed) and mail it back to me in the envelope provided. I will send them on to the appropriate people. If you have any questions, please phone me at 533-8196. Thank you. r1eE FES 21 '91 Brooklyn Center 0 Brooklyn Park 0 Crystal • Golden Valley 9 Maple Grove 0 New Hope • Osseo 0 Plymouth 0 Robbinsdale e rptou The National Association of Telecommunications Officers and Advisors An affiliate of the National League of Cites January 30, 1991 1301 Pennsyhenia Avenue, N.W. Washington, D.C. 20004 (202) 626-3160 FAX (202) 626-3043 ACTION ALERT --- ACTION ALERT --- ACTION ALERT --- ACTION ALERT TO: NATOA Membership Legislative and Legal Affairs Committee State Chapter Presidents FROM: David Olson and Michael Hunt, Co -Chairs, Legislative and Legal Affairs SUBJ: Signatures from elected officials for letter to Congress In cooperation with the National League of Cities, the U.S. Conference of Mayors, and the National Association of Counties, and pursuant to NATOA's work plan, NATOA needs your help in collecting signatures from elected officials to affix to a forthcoming letter to Congress .(draft attached) from NLC, USCM, and NACo. The letter to Congress cites the problems faced by franchising authorities under current law, and attaches a detailed summary of the specific legislative remedies sought. Please obtain signatures from your Mayor or principal elected officials) and forward these signatures to Leslie Wollack at the NLC as soon as possible. You can send signatures via FAX (202) 626-3043, if desired. Signatures should be sent by February 15th if possible, or as soon thereafter as possible. Signatures received will be assembled by NLC, USCM, and NACo and attached to a master copy of the Congressional letter, as attached. A sample format to be used for obtaining signatures is attached, as well as a copy of the letter to Congress. Please telephone us if you have questions. Enclosure cc: Leslie Wollack rl; F3 21 '91 MAW OF DIRECTORS: Prssidwrt Susan Herman, General Manager Depa,U--0 d Te� Los Angebs. CA (273) 4852866 • Vin Prsddant Darrid C. Olson, Drecior. 011- of Cade C.Or VUVCW"r and Frandrse Manager WVL Portland, OFi (503) 7965385 • So—bgV7t—sr. Jayne L Gsrdern n. EASCL "e Dredor. KenbrjBoone Court" Cable TV Board. C avlon. KY (6061 2611300 • Thomas P. Cohan, Directs. OHce d Cable C0TrrW capons. Bostn. MA (617) 7254700 Ext 460 • MLOhaal D. Hunt, PresieerY. Muraoon, Sarasota. FL (813) 957-5012 • Cheryl L. Paealic. Cable TV Admrwstrat r Mount Pry, IL CMM) 3926000 Era 269 • John F. Risk. President. Cammrxrcahors Suppon Group. Santi Ana. CA (714) 8366280 or (213) 2651177 • Thomas G. Robinson. Chef, Cade Regulatory DmDon. Farfax. A (703) 2465M)C2 • Lalt L SemoueAan, E,ocwwe No= Smtwestern Oakland Cable Conrnemon. Farmnpbn Hils. MI (313) 473-7266 • knmedisle Past PreskWit Paul G. Bent, Manager, Cade Corrm"x ; ym SL Lora, MO (314) 6647877 y 00 The United States Conference of Mayors, The National League of Cities, and The National Association of Counties February 15, 1991 The Honorable Washington, D.C. Dear Senator (Congressman): As mayors, city council members and county officials across the country, we are deeply concerned with the problems that the monopoly market power of cable television operators is creating for consumers. Cable subscribers have confronted escalating cable rates and, in many cases, poor customer service since the Cable Communications Policy Act of 1984 partially deregulated the cable industry. Local governments presently have very limited tools to deal with these problems. We urge Congress to adopt legislation ensuring that consumers receive high quality, yet affordable, cable service. The price and quality of cable service now determines the level of television service to more than 55 percent of the television households in the nation. Protection of these cable consumers is vital. Our constituents have come to us with countless complaints concerning, among other things, poor signal quality; the failure of cable operators to respond to service requests within a reasonable time period; and, of course, dramatic rate increases. Considering that a cable operator builds and operates its system largely on public property, it is understandable that consumers expect us to be able to protect them. Yet, under the current statutory framework, we lack the authority to address many of these complaints. Moreover, because the vast majority of cable operators do not face any meaningful competition, the marketplace does not provide consumers with adequate protection. The Honorable February 15, 1991 Page 2 We strongly believe that Congress should enact legislation that fosters competition in the cable industry. But experience also has taught us that competition is far from assured. Consequently, we also strongly urge Congress to enact legislation that grants local governments the authority to resolve problems resulting from the absence of competition. The attached paper describes our proposals to address consumer concerns over cable service. We urge you to support incorporation of our proposals into new cable legislation. We are asking our local officials with responsibility for administering cable franchises to work closely with you in order to convey the cable concerns in our jurisdictions and to reflect our strong interest in cable television matters. In the meantime, for further information regarding the attached proposals, please contact us directly or call Judith Burrell at the United States Conference of Mayors (202-293-7330), Leslie Wollack at the National League of Cities (202-626-3020), or Robert Fogel at the National Association of Counties (202-393-6226). We thank you for your attention to this matter of importance to cable consumers across the country. Sincerely, Local elected officials 1 ' DC7 Consumers need legislative help more than ever, as very little meaningful competition is materializing and cable operators continue to increase subscriber rates. Local governments believe that the core elements of such legislation should be: -- Provisions to enhance competition, including a competitive franchise renewal process and fair access to programming. -- More balanced franchise renewal provisions to eliminate what is effectively a perpetual franchise under present law. -- interim rate regulation to protect consumers until competition emerges, undertaken by local governments within a federal framework and with a right of appeal to the FCC. -- A directive to the FCC to issue baseline consumer protection standards, with local discretion -to adopt more stringent requirements. -- Damages immunity for local governments regulating and administering cable franchises. These principles are described in some additional detail below. Competition Consumers are best served by a policy that fosters competition in the local cable marketplace. A competitive threat from a new entrant, through the potential denial of a franchise renewal, does not exist under the current statutory renewal scheme. �if cable operators knew they would face competition during renewal, they would have a greater incentive to provide fair rates and improved customer service during the life of their franchise. Local governments believe that a meaningful competitive renewal provision can effectively generate the benefits of competition in local cable communities that can support only one franchise. C FEB 21 '91 - 3 - that the vast majority of local governments face is the monopoly provision of cable service, which in the interim requires regulation. Consumer Protection Local franchising authorities, which are closest to consumers, should continue to be allowed to fashion customer service standards that meet local needs and conditions. The FCC itself has concluded that the Cable Act should be clarified "to increase the effectiveness of the powers given to local franchising authorities to oversee the customer service practices of cable operators." Local governments do not oppose national minimum customer service standards set by the FCC. However, they need to retain the discretion to adapt such guidelines for application to local circumstances. Signal quality problems are a significant category of subscriber complaints. However, the causes of such complaints differ from market to market. Local governments believe that cable operators should provide a signal quality that meets the desires of consumers. The FCC's existing standards, which have not been updated in 20 years, fail to do this. To the extent that the FCC can develop contemporary signal quality standards that aid consumers, local governments support the effort. However, a franchising authority should be allowed to adopt or negotiate with its cable operator standards that exceed the FCC's standards and meet the individual needs of local cable communities. Damages Immunity The judicial approach to the authority of local franchising authorities is an issue in flux, with no consensus among courts concerning the application of First Amendment and other legal standards to actions taken by local franchising authorities. Local governments believe that given this legal uncertainty, a franchisinq authority should be immune from monetary liability for such actions. Accordingly, legislation should contain a provision granting franchising authorities immunity in any federal, state or local claim challenging cable television regulation. It is unfair to allow cable operators to threaten local governments with the specter of money damages when the law is unsettled. By providing damages immunity, Congress would adopt the same approach already taken under the antitrust laws with regard to local regulation Cuy FE MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 21, 1991 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation y� SUBJECT: GOVERNMENTAL ADVISORY COUNCIL DISTRICT 281 I attended the Governmental Advisory Council meeting on Wednesday, February 13, at the Dist. 281 headquarters. As part of the agenda, I was asked to brief the committee on the problems at Zachary Lane Elementary School. Dr. Carroll Vomhof, Director of Community Education and Facilities for the District, was also in attendance. At this time, the District does not have any rules or regulations prohibiting activities such as golf, softball, etc. on District property. Their basic rules have to do with alcohol and drugs on school grounds. It was the consensus of the group, including Superintendent Powell, that as long as the District is granting a permit to the City to schedule the school grounds during the summer months, that they have no problem with the City enforcing rules and regulations that we deem necessary during that time period. The current signage at Zachary Elementary School states that adult softball is prohibited on these fields, because fly balls may land on private property where children are at play. I will be adding additional signage which states "violation of this rule will cause immediate termination from participation in all Plymouth leagues and tournaments." We will continue to have a satellite in the park for youth baseball association's use. Attached to this memorandum is a copy of page 3 of the 1991 softball registration material. At the bottom of the page you will find the information dealing with the usage of Zachary Elementary School. I will keep you and the Council informed of any further information that becomes available on this subject. EB/np cc: Superintendent of Parks Public Safety Director Julie Witt 1991 Softball Memorandum c. Teams may use the USSSA "additional hitter" rule. T ` \ Page 3 d. In co-rec, men and women must alternate in the batting order. You may use an unlimited order, but must always bat the same number of men and women. Extra players must permanently replace someone in the game. No re-entry with unlimited order. e. Courtesy runners are not allowed in any league. 4. All leagues will require three balls for a walk and two strikes for a strike -out. No "courtesy foul." Foul second strike is a dead ball. New USSSA pitching distance this year has been increased from 46' to 50' for mens & womens leagues. CoRec stays at 46'. 5. Games will run SEVEN innings unless stopped by the weather or time limit. You must play four innings or 45 minutes to be considered a regulation game. 6. Games will be stopped by the run rule if a team is ahead by 15 or more runs after five innings or ahead by 10 runs or more after six innings have been played. 7. No new inning of a game will start one hour after the start of that game. Games which are tied at the time limit will be declared a tie. 8. All men's "D" teams will be allowed one homerun hitter. Anyone else hitting a homerun will be out. 9. Any player who is ejected from a game by the umpire, for any reason, will automatically sit out that team's next scheduled game. If a player is ejected a second time, he will sit out the next two games. On a third ejection, that player will be suspended the remainder of the year. Any team caught using a player under suspension will automatically forfeit that game. UMPIRES If your umpire doesn't show up, try to find a volunteer, and let me know who it is, so we can pay them. If both managers agree to an umpire replacement, the game will count as an official game. If you can't find a replacement, we will reschedule the game for a later date. The field attendant has other duties in the park that will prevent him from umpiring. PRACTICE FIELD RESERVATIONS We will begin taking reservations April 1 for field use starting April 6. Once league play begins, only Saturday permits will be available. Call 550-5130. Zachary Elementary School is NOT to be used for softball practice. That area is used for youth sports and is not large enough to accommodate adult batting practice without balls going into neighboring private yards. Any teams found taking batting practice at Zachary Elementary, or any team that refuses to give up a field to an assigned group, will lose their $50 conduct deposit. 4.D rEj'V� r �.� Midwest Sports Chenne! MIDWEST SPORTS CHANNEL STRIKES AGREEMENT WITH ') KING VIDEOCABLE IMMEDIATE RELEASE 2/13/91 FOR INFORMATION CALL MIDWEST SPORTS CHANNEL KEVIN CATTOOR (612) 330-2680 KING VIDEOCABLE JIM COMMERS (612) 533-8347 (MINNEAPOLIS/ST. PAUL) Midwest Sports Channel has reached an agreement for carriage of the Twin Cities based programming service. MSC will be available by April 1, 1991 to nearly 70,000 more cabled households in King's Minneapolis/St. Paul service area. King will carry the service on its "Cable Channels" tier of cable television service, which is provided to over 99% of King's customers. According to Kevin Cattoor, Vice President and General Manager of Midwest Sports Channel, "MSC offers first-rate regional and national programming. We are confident that MSC will be an invaluable addition to King's "Cable Channels" tier of programming services." "We're excited about the launch of MSC on our systems," stated Jim Commers, Vice President and General Manager for King Videocable. "We have worked for over. two years to obtain carriage and we are very pleased to reach an agreement." Seattle -based King Videocable is the third largest cable operator in the metro area serving the Minnesota cities of Afton, Bayport, Baytown Township, Brooklyn Park, Brooklyn Center, Cottage Grove, Crystal, Denmark, Golden Valley, Grey Cloud Island, Hastings, Lakeland, Lakeland Shores, Lake St. Croix Beach, Maple Grove, New Hope, Newport, Oak Park Heights, Osseo, Plymouth, Robbinsdale, Rogers, St. Paul Park, Stillwater, Stillwater Township, St. Mary's Point, and Woodbury. MSC will also be added in the Wisconsin communities of Hudson, Prescott, and River Falls. MSC is the home of Minnesota Twins baseball, Gopher and Big 10 basketball, North Stars and NHL hockey, and Notre Dame sports. MSC currently serves 360,000 subscribers throughout Minnesota, North and South Dakota, Iowa, and western Wisconsin. With the addition of King Videocable to the list of MSC affiliates, Midwest Sports Channel will now be available in over 430,000 cable households throughout the upper midwest region. # ri1, "E9 21 '91 BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of December 20, 1990 Call to Order: The Bassett Creek Water Management Commission was called to order by Chairman Peter Enck at 6:15 PM., Thursday, December 10, 1990, at the Minneapolis Golf Club. Roll Call: Crystal: Commissioner Bill Monk Engineer: Len Kremer Golden Valley: Commissioner Ed Silberman Counsel: Curt Pearson Medicine Lake: Commissioner John OToole Corps of Engineers: Minneapolis: Commissioner Marvin Hoshaw Bill Spychalla Alt. Commissioner R. Kannankutty Recorder: Elaine Anderson Minnetonka: Not represented New Hope: Commissioner Peter Enck Plymouth: Commissioner Fred Moore Robbinsdale: Not represented St. Louis Park: Not represented Approval or Correction of Minutes: It was moved by Mr. Silberman and seconded by Mr. O'Toole that the November 15 minutes be approved after the name of John Schevenius is attended to the attendance. Carried unanimously. Financial Statements: Mr. Silberman presented the financial statements for the period ending October 18 showing a checking account balance of $62,692.28, an investment balance of $286,713.64, and a construction account balance of $244,543.75 of which $5,000.00 which is earmarked for Medicine Lake. The treasurer's report was filed for audit. Presentation of Invoices for Payment: Mr. Pearson presented a bill for $750.00 from Howard Lawrence Appraisals. This is for preliminary appraisal work at the Golden Valley Golf Course. Approval for payment was moved by Mr. Silberman and seconded by Mr. O'Toole. Carried unanimously. This expense will be debited to the Credits Account. Miscellaneous Mr. Silberman moved that Mark Babcock, CPA, be authorized to do the audit for the fiscal year. Seconded by Mr. Hoshaw and carried unanimously. In his proposal, Mr. Babcock had stated that the cost of the audit would not exceed $275.00. Mr. Silberman commented regarding the overextension of the budget because of engineering charges. A short discussion followed. It was suggested that money could be transferred from the contingency fund. Mr. Enck asked Ms. Anderson to place "Budget Overextension" on the February agenda. cr' - 21`91 2 Mr. Enck reminded Commissioners that official notification for appointments or reappointments to the Commission from the cities of Crystal, Golden Valley, and Medicine Lake should be received before the February meeting. Mr. Silberman will be in California January and February and requested that any invoices be sent directly to Sue Virnig, Accountant, City of Golden Valley. Communications: Chairman: Mr. Enck had referred his communications received during the month. Counsel: Mr. Pearson will discuss his communications later. Commissioners: 1 . Mr. O'Toole stated that he had met with 10 members of the Association of Medicine Lake Improvement Project and reported that: a. They had expressed concern regarding water quality and sedimentation at the western bank. The small stream is carrying a great deal of sediment. b. They were also concerned regarding the outlet structure at Medicine Lake. Rough fish are migrating into the lake. Members questioned whether the control structure could have an installation which would prohibit the migration. Mr. Kremer commented that electrical barriers had been used in some areas but that they are extremely expensive. He also said he had had discussion with the DNR about chemical treatment. Some chemicals have not been tested sufficiently. Mr. Kremer said the construction of the upstream and downstream structures will, however, limit the reproduction of the rough fish. Mr. O'Toole said that at the above meeting there had been some discussion regarding five homes in the Medicine Lake area but in the City of Plymouth which are not connected to the sewer. The association members had expressed concern about pollutants from the sewage entering the lake. Mr. Moore commented that it is compulsory to be connected to the sewer if available. He had been unaware of the situation but that will check it out. 2. Mr. Hoshaw commented on EPA regulations. Mr. Pearson had received copies of the proposed rules and said we will have to revise our Joint Powers Agreement. Sending a letter in which the advisability of the EPA working up to their desired goals gradually was recommended. Corps of Engineers: Mr. Spychalla reported that he had met with representatives of the Pollution Control Agency and Mr. Kremer regarding the contaminated soil referred to in the November meeting. It is the responsibility of the local sponsor to clean it up. Mr. Spychalla said they are hoping it is only fuel oil that has caused the contamination. If it is PCB contamination, it is much more serious. Discussion followed. There is a fund for cleaning up soils. Perhaps some help could be received. This must be addressed very quickly. Two questions regarding cleanup is how to fund it and how it should be done. rj FSE' 21'91 3 Engineer: 1. Mr. Kremer had attended a meeting of the National Association of Flood and Stormwater organizations. 250 people were in attendance at this very interesting meeting. Interest had been expressed in Bassett Creek. EPA officials were in attendance and discussed stormwater regulations. There is going to be the provision for the State to issue general permits which would cover construction. The state could develop guidelines for issuance of general permits. The State, however, doesn't feel they have the staff resources. This is something the WMO's should consider. Perhaps we could work with the State. Anything over 2 acres is covered under the regulations and we have potential areas like that. 2. Mr. Kremer had a meeting two weeks ago with the staff of the Board of Soil and Water Resources at which legislative issues were discussed. There are two wetland bills, one of which transfers permitting authority for wetlands to the Soil and Wetland Conservation District. New Business: No new business that had to be taken up at this short meeting. Old Business 1.Glenwood-Inglewood a Construction of tank. Glenwood -Inglewood are going back to Minneapolis the first part of January regarding alternatives. They need to alleviate their problem as to where to store water. They need space inside their structure the way it is. Mr. Kremer stated the dimensions. The bottom of the tank elevation would be above the flood plain of building. The tank can't be placed on top as it would be too heavy. Discussion followed regarding the tank request. Glenwood -Inglewood is in a tough spot as they need the expansion. Mr. Silberman stated that it didn't seem to be too much of a problem to him. Mr. Moore commented that this would be a critical one to say no to. After further discussion it was moved by Mr. Moore to approve the request for the construction of the tank in accordance with the engineers recommendations. Seconded by Mr. Silberman. The motion carried with one dissenting vote, that of Chairman Enck. b. Stormwater permit. An application is being submitted to the PCA for an NPDES permit. However, the PCA said they didn't have the staff resources and are deferring it back to the Commission. The plan will come back to the Public Works of .the City of Minneapolis for review. c. Discussion then followed regarding the second permit issue. It was asked whether we would need a motion to amend the resolution. It was stated that permits are the responsibility of the PCA. Why shouldn't we throw it back to the State? Mr. Pearson warned that we could put ourselves in trouble legally if we denied this request. It was suggested that the engineer pursue the matter. Mr. Pearson said this is already in the resolution. Mr. Kremer will work with Public Works. This must be reviewed by January 9. r 1'9t sir'; F, pi 51=- 4 2. Sooping Document Discussion followed regarding the scoping document issued by MnDOT for the Highway 100 project. This is a very general document. Mr. Monk stated that their intent was to be general. He also stated that Crystal is not overly protected. Mr. Kremer said a response should be sent to MnDOT responding to the document and especially regarding encroachment near the Bassett Creek Park. There are also concerns about water quality for Sweeney Lake. It was moved by Mr. Hoshaw that Mr. Kremer send a letter for the Commission expressing out concerns as well as the concerns of the Corps of Engineers. Seconded by Mr. O'Toole. Carried unanimously. Miscellaneous: It was moved by Mr. Hoshaw and seconded by Mr. O'Toole that recognition be given to those who have served the Commission more than ten years. Carried unanimously. This will be done at the holiday dinner following this meeting. Adjournment Since there was no further business, it was moved by Mr. O'Toole and seconded by Mr. Hoshaw that the meeting adjourn. Chairman Enck adjourned the meeting at 7:10 PM. W. Peter Enck, Chairman Donald Rye, Secretary Elaine Anderson, Recorder Date: t �� BASSETT CREEK WATER MANAGEMENT COMMISSION Minutes of the Meeting of January 16, 1991 Call to Order: The Bassett Creek Water Management Commission was called to order by Chairman Peter Enck at 11:35 A.M., Thursday, January 16, 1991, at the Minneapolis Golf Club. Roll Call: Crystal: Commissioner Bill Monk Engineer: Len Kremer Golden Valley: Alternate Commissioner Dean Chenoweth Recorder: Elaine Anderson Medicine Lake: Commissioner John O'Toole Minneapolis: Not represented Minnetonka: Commissioner Michael Johnson New Hope: Commissioner Peter Enck Plymouth: Commissioner Fred Moore Robbinsdale: Commissioner Lee Gustafson St. Louis Park: Commissioner Donald Rye Approval or Correction of Minutes: Commissioner Rye had not attended the December meeting and noted that the minutes were inaccurate in that there had been two opposing votes to the resolution regarding Glenwood - Inglewood. He had been in opposition to the motion. The other dissenting vote was that of Chairman Enck. The minutes will be corrected. The December minutes will be approved or corrected at the February meeting. Financial Statements: Mr. Chenoweth presented the financial statements for the period ending January 16 showing a checking account balance of $62,155.18, an investment balance of $288,387.58, and a construction account balance of $242,386.66 plus the $5,000.00 which is earmarked for Medicine Lake. The treasurer's report was filed for audit. Presentation of Invoices for Payment: 1. It was moved by Mr. Chenoweth and seconded by Mr. Rye that the Barr Engineering invoice covering the period September 30 through December 29, 1990, for $35,116.57 be approved for payment Carried unanimously. 2. It was moved by Mr. Chenoweth and seconded by Mr. Gustafson that the two invoices representing Mr. Pearson's annual billing ($25,683.68 and $25,601.69) be approved for payment. Carried unanimously. 3. It was moved by Mr. Chenoweth and seconded by Mr. O'Toole that Elaine Anderson's invoice for the year ($3,500 for services and $1,178.00 for expenses) be approved for payment. Carried unanimously. 2 Communications Chairman: None. Commissioners: Mr. Rye Mr. Rye reported that the Hennepin County Conservation District was supposed to have a final draft of their groundwater plan. He has seen nothing. There are significant implications for the municipalities and for the Commission to be in line with what the County is proposing. Mr. Rye will ask the Conservation District to have copies available for Mr. Enck. He is sure there will be comments from the municipalities. He questions whether municipalities have the capability or money to do the evaluations proposed. Engineer: 1. Mr. Kremer informed Commission members that Mr. Ron Harnack has been appointed the Executive Director of the Board of Water and Soil Resources. He was formerly Director of Land Use for the Department of Natural Resources (DNR). Mr. Hamack has been helpful to the Commission during past years. He is concerned about the struggle presently going on between communities and soil conservation districts. Chairman Enck requested Mr. Kremer to send him a letter on behalf of the Commission wishing him well in his new position. 2. Mr. Kremer has been assembling information for the Commission request for money from the State of Minnesota. He is preparing a documentation of past expenses which is necessary as our part of the contract. 3. Mr. Kremer referred to Mr. Pearson's letter to Mr. Enck of January 2, 2992 regarding the appointment and reappointment of Commissioners. This year this has to be done by Crystal, Golden Valley, and Medicine Lake. Mr. Enck requested Elaine Anderson to send copies of this letter not only to the city managers of the three municipalities abovementioned but the other six at well. Mr. Monk said this could change the Commission setup quite a bit because there could be more general citizens on the Commission. Chairman Enck expressed his appreciation for the technical expertise of the present commissioners and suggested that he write a letter to the municipalities requesting that they consider this when making appointments. Mr. Monk questioned the advisability of such a letter but Mr. Enck said he could write the letter in such a way that it would cause no problems. 4. Mr. Kremer had attended a two day seminar for Professional Engineering Society members. One day was devoted to municipal requirements and the other to industrial requirements. He said the meetings had been enlightening and worthwhile. Speakers said they had only half of the answers to questions that were asked by municipalities and industries. There were comments from the states in attendance that they don't think the state has the resources to manage it. He explained that there were several types of permits: Municipal Permits, Industrial Permits, Group Permits, and General Permits. Guidelines will have to be issued. He said that General Permits should, be able to be issued for construction site runoff and urged Commissioners to write letters to the PCA to ask them to consider issuing one of the General Permits for state runoff. General Permits should work for certain types of industries also. It will mean additional responsibility for municipalities. Mr.. Monk said he would like to think about it before he wrote a letter to the PCA. With reference to minimum requirements, we won't know what they are until the guidelines come out from the EPA. After further discussion, Mr. Monk moved that a letter be sent to the PCA recommending a general permit with minimum requirements stated. Seconded by Mr. Gustafson and carried unanimously. CIM FEB 21 '91 3 Mr. Kremer brought up the concept of group applications for permits from small communities and that there should be guidelines for this. Grouping together to submit an application would be helpful. That is already being tested in a smaller group of sites. In the next few months there should be additional information from the EPA regarding this issue. New Business Chairman Enck presented a temporary certificate of appreciation for Alternate Commissioner Dean Chenoweth who has served the Commission since 1974. Mr. Pearson is handling having the permanent certificate done. 2. Mr. Kremer has been contacted by the City of Golden Valley to outline what they would have to do in preparation of their stormwater management plan. Mr. Kremer told them he would bring it up at this Commission meeting. Mr. Kremer indicated hat he will work with Golden Valley outlining what needs to be done in their plan but wants Commission comments as to whether they perceive there will be a conflict to work on the plan with Golden Valley. He doesn't think there is a conflict of interest. A long discussion followed. Golden Valley may want Barr Engineering to do their plan. Mr. Moore expressed disagreement. Plymouth uses both Barr and Hlckock but wouldn't use either one of them to prepare the plan because of a possible conflict of interest. They have four watersheds and their plan would be prepared reflecting the strictest policies of the four. Mr. Johnson said Barr has been working with them on their water quality plan since 1984. Mr. Monk says Crystal is wresting with this question and that he is not sure although he doesn't have the strong feelings that Mr. Moore has. Mr. O'Toole argued that the appearance of a conflict isn't always bad and that he believed Barr Engineering was the most knowledgeable and therefore the most expedient. He used as an example that he does work for both Pillsbury and General Mills. However, it is important to be sensitive to the areas of conflict. Perhaps it it got sticky, Barr would decide they couldn't do it. Mr. Rye stated that the problem wouldn't occur until the plan is done. Everything could be fine until it gets to the Council after the plan is done. A lot. of expense would be involved as well as you can get in trouble with an apparent conflict. It was asked why the questions couldn't go to the Golden Valley Council, for example, first and have the concept presented. That way they would make the decision. The problem there is that the council is not technical. What would their questions be? What happens if the consultant comes in with a price and the council feels it is twice what they want to pay. Mr. Kremer said he won't do the work if the Commission feels there is a conflict. Further discussion accomplished little and Mr. Enck said the matter should be deferred to Counsel. 3. Highway 100 Improvement Project. Mr. Kremer said he had reviewed the MnDOT draining plans for Highway 394. This comes down the main stem and down the south fork. This had come before the Commission. The Commission had stated certain requirements for storage. They had also been asked to provide skimming. They had decided to move their skimming device immediately upstream of Highway 100 which they now have decided is not a good location as they are having access problems. There are also some problems with hydraulics. They are now asking that they be given the opportunity to study installing a skimming device between Breck Pond and Sweeney Lake. Moved by Chenoweth and seconded by Mr. Moore. In the ensuing discussion, Mr. Moore said he is concemed about timing. Mr. Kremer said we would ask them for an implementation schedule. Mr. Monk said this is putting it off for a considerable length of time. There could be trouble in the Breck area as there is not enough property. Maintenance difficulty especially if it is a floating device was suggested. It was also suggested that we tell them they would have to come back with a plan in one year and have it done in 2 years. Mr. Moore said it did not need to be tied to the EIS schedule. Mr. Rye said he �;� FES 2 ? 1 4 didn't care to stipulate the time for the study but that it had to be completed within two years but that there be some temporary skimming provided in the interim which would be maintained. They should get back to us regarding this temporary skimming and it would have to be stipulated who would do the maintaining. Mr. Chenoweth changed the motion to advise them that they could go ahead with the study but that temporary skimming would have to be done at this location. Seconded by Mr. Moore and carried unanimously. 4. Glenwood -Inglewood. requested a permit from the PCA to collect and pump stormwater from their parking lot, and the PCA turned it back to the Commission and Minneapolis. Minneapolis asked Mr. Kremer to prepare a copy of Guidelines for Best Management procedures recommended by the PCA. . Glenwood Inglewood did a study and came up with pond size of approximately one-fourth of an acre but they can't fit it on the site. They have requested a property land exchange with the Minneapolis Park Board. Glenwood -Inglewood would ask the City to help get the exchange worked out. If they can't get the exchange, they suggested alternative water quality improvement measures such as vacuuming the parking lot regularly. Mr. Kremer asked the City to get an agreement from Glenwood -Inglewood for both temporary or permanent easements for the future flood control project. Chairman Enck asked if the tank could be built in the new area. Further discussion emphasized that we had conditioned our approval on their getting a PCA permit. Mr. Pearson is going to write a letter to the PCA requesting that they process the permit. It was questioned whether the new area is still in the flood plain. Mr. Kremer said it's a flood fringe. The City has agreed to build a new storm sewer to pick up water that is coming down the street and divert it around the Glenwood property. The property will always have to be in the flood plain unless they would raise the dike. It was recommended that they should study the area and see if it is possible to make a bigger pond rather than make a bigger pipe. Mr. Kremer said he brought this up to day just as an update. Old Business 1. Mr. Kremer reported on the contaminated soils situation Soil borings have been taken and there are approximately 3500 yards of heavily contaminated fuel oil material. There is no PCB contamination. A report has been made to the PCA. They should be issuing an order to the City of Minneapolis directing them to clean up the contamination. The City of Minneapolis will receive 90% back from the Metro Cleanup Fund. There is no room to treat the contaminated soil at the site. It has to be burned. It was questioned what the source was. Mr. Kremer said there are several possibilities, two of which are a Northern States Power facility and a City of Minneapolis storage yard. It will be the responsibility of the PCA to find the source. If the cleanup goes to $200,000, an additional $20,000 would be local responsibility. The Corps doesn't want to be involved. It is the responsibility of the, local sponsor, not a Commission cost. 2. Mr. Spychalla updated the Commission on present progress.: He mentioned vibrations 'occurring in the construction area. Pilings are being driven down about 40 feet. The City of Minneapolis has spent $250,000 in the area and will be applying for credit. He mentioned the status of the construction claim regarding the construction break in the deep tunnel area. The Corps was going to give them credit in the $150,000-200,000 range but will be settling for $500,000. This will add to the project cost. \'3 Ck.. 5 He reported that the Corp was just about ready to advertise for bids for construction in the Markwood-Edgewood area and expect to be opening bids the latter part of February. It will be awarded in March and construction begun in November. He updated the Commission on the status of the Golden Valley Country Club Control Structure. He said the Corps will most likely send out a request for additional funds for 1991 in April. Mr. Kremer asked if the State does not provide grant money promptly if we could pay in two installments. Mr. Spychalla replied that the Corps doesn't need the money until June. Mr. Kremer said that he didn't think this would present a problem. Mr. Monk referred to a letter regarding proceedings of the acquisition process sent out by the Corps. Mr. Spychalla said he had no idea why the letter was sent. Adjournment Since there was no further business, it was moved by Mr. O'Toole and seconded by Gustafson that the meeting adjourn. Chairman Enck adjourned the meeting at 1:25 P.M. W. Peter Enck, Chairman Elaine Anderson, Recorder Donald Rye, Secretary cr Date: C«' 2�'�1 tib Minutes of the Park and Recreation Advisory Commission Meeting February 14, 1991 Page 6 Present: Chair Freels, Commissioners Anderson, Beach, Rosen and Waage; staff Bisek, Blank, Pederson and Public Works Director Fred Moore Absent: Commissioner Hanson (due to death in family) 1. CALL TO ORDER Chair Freels called the February meeting to order at 7:05 p.m. in the Council Chambers. 2. APPROVAL OF MINUTES A motion was made by Commissioner Beach and seconded by Commissioner Waage to approve the minutes of the January meeting as presented. The motion carried with all ayes. 3. VISITOR PRESENTATIONS a. Athletic Associations. None were present. b. Staff. Mary Bisek thanked the commissioners for their help with the bonfire at the Fire and Ice Festival and briefly discussed the success of this year's event. Chair Freels commented that the wood chips that were delivered by maintenance really helped to control the mud that had developed around the bonfire and he suggested that additional s'more sticks would be helpful next year. Mary discussed the warming house situation explaining that they had been closed for several days in a row in early February due to unseasonably warm weather. Then when temperatures did get back to normal, it took a few days to get the ice back in good condition, after which it snowed, followed by a day of extremely cold wind chills, all of which added up to 11 days in a row of being closed. She added that rinks are scheduled to close for the winter season on February 18. The employee of the month is a warming house attendant, Brian Olson, who was unable to be at the meeting to receive his certificate, because he was taking a test at the University of Minnesota. Mary explained that the Plymouth Middle School Ski Club had a good season with several Friday after school ski trips; including one over night trip to Spirit Mountain on February 8. The final trip of the year is scheduled for March 1. A Youth Leadership Retreat is planned in March for Grades 8-11, co- sponsored by Plymouth Park and Recreation, the American Red Cross, Minneapolis Camp Fire and the Robbinsdale and Wayzata School Districts. The two-day retreat will be held at Camp Tanadoona in Chanhassen. Scholarships are available for those who cannot afford the $28 fee. Chair Freels indicated that his company would be willing to help financially with any future events of this kind. { C'P ?1 f9[ February 1991 PRAC Minutes Page 7 Mary briefly discussed how budget cuts may affect some programs for the summer season, such as closing of the West Beach and a reduction in the Playground in the Streets program. Further cuts could affect other programs. C. Others. 4. REPORT ON PAST COUNCIL ACTION a. 1991 Rental Policy and Fee Schedule. Council approved the fees and policies proposed for park facilities in 1991. b. Parkers Lake Rink Lights. Approval of lights at Parkers Lake skating rinks is pending further research by staff. 5. UNFINISHED BUSINESS a. Special facilities - continue discussion. No discussion. b. Annual Report. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER BEACH TO ACCEPT THE 1990 ANNUAL REPORT AND FORWARD IT TO THE CITY COUNCIL. THE MOTION CARRIED WITH ALL AYES. C. Playfield Project Update. The Financial Task Force has meetings scheduled through the first week in March, so no recommendations on the playfield projects have been made at this time. Director Blank has received no information indicating if one, both or neither playfield will be recommended for development. 6. NEW BUSINESS a. Comprehensive Plan Review Public Hearing - Schmidt Lake Road Trail and Neighborhood Park. Director Blank stated that approval by the Park Commission of the park and trail portion of the Comprehensive Plan occurred in July of 1990 as part of the overall updating of the City's System Plan. These updates were then forwarded to the Metropolitan Council for their approval. Since that time, new requests have been received by the City for a trail on Schmidt Lake Road and funding at the new Kimberly Lane Elementary School by School Dist. 284. Director Blank reviewed with PRAC the trail plan they adopted in 1990, and asked them to consider if a trail is necessary on Schmidt Lake Road and if so, should it be a Class I or Class II. He further stated that if PRAC feels a trail is necessary on Schmidt Lake Road, should the proposed trail along the railroad track be eliminated. He explained the problems that would be encountered if the City attempts to construct the trail along the railroad tracks, including the wetlands it would cross, steep terrain in some areas, and constructing a trail under the Soo railroad bridge which would mean getting an easement from the railroad. Arden Doering, 5210 Yorktown Lane, spoke in favor of installing trail along Schmidt Lake Road between Highway 169 and Zachary Lane, due to the extremely heavy traffic and the fact that there is no place to currently walk along there. He prefers that it be placed on the north side of Schmidt Lake Road and that it be a Class I trail. 9 r,.it 7�p, 2 9 February 1991 PRAC Minutes Page 8 Shawna Fleming, 10745 55th Avenue, lives in Harrison Hills and stated there are at least 50 children living in this development, and they do not have safe access to Zachary Playfield or Timber Shores Park, because Zachary Lane has no sidewalks. She is requesting that when Zachary is upgraded to four lanes, sidewalk or trail be put in with a crosswalk of some kind to get people safely across Zachary. Right now Zachary has no paved shoulder, only gravel, and she feels this situation is very dangerous. She asked if the intersection of Schmidt Lake Road and Zachary would have a traffic light. Director Blank stated he wasn't certain. Chair Freels suggested that this issue be referred to the City engineers and a traffic consultant. He feels that an extra stop light along Zachary Lane that would allow people to cross over to the playfield or Timber Shores Park would not be very practical due to the high cost of installing it, and although a marked crosswalk is not a costly item to install, he feels that people do not pay attention to them. The other commissioners agreed with this. Commissioner Rosen stated that based on past experience, he believes the City would not install trail on both sides of Zachary Lane. Mrs. Fleming said she was told at the time they purchased their home that Zachary would have trail on both sides of the street. (City Engineer Fred Moore arrived at the meeting at this time.) Director Blank explained that a trail is proposed to be constructed along the west side of Zachary providing access to Timber Shores Park and the Zachary Playfield. This would permit residents living in Harrison Hills to travel south to Schmidt Lake Road and then cross over to the west side of Zachary at the intersection, which may have a traffic light within five years or when traffic counts warrant, according to City engineer Fred Moore. Mrs. Fleming asked about the possibility of a crosswalk somewhere in the vicinity of 53rd or 55th and Zachary. Mr. Moore stated that there are City guidelines for constructing sidewalks, which is based on concentrations of the population crossing streets at certain points, and this would have to be studied. He stated that just because you install a crosswalk doesn't mean people will cross there. Director Blank stated he believes it would be appropriate to get a recommendation from a traffic consultant on how best to get people from the east side of Zachary over to Timber Shores Park and the Zachary Playfield. Mr. Moore agreed that if there are concentrated numbers of pedestrians crossing Zachary at 53rd Avenue, a crosswalk might be appropriate here. Mrs. Fleming said she brought this issue up now because she feels it should be considered along with the widening of Zachary to four lanes. Commissioner Rosen agreed and suggested that the City consider all future trail locations and trail connections at the time that roads are being developed, so these projects could be done in conjunction with one another. He indicated that PRAC is very concerned about the safety of Plymouth's residents who use the trails and parks. He FT f?'Qi _ �. d February 1991 PRAC Minutes Page 9 further suggested that the routing of the proposed trail along Zachary should be studied carefully when the widening of Zachary is undertaken. Chair Freels closed the public hearing at 7:49 p.m. A MOTION WAS MADE BY COMMISSIONER BEACH AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND AN AMENDMENT TO THE COMPREHENSIVE TRAIL PLAN TO INCLUDE A TRAIL ON SCHMIDT LAKE ROAD, TO REMOVE THE TRAIL ALONG THE RAILROAD TRACK WHERE IT IS NOT YET BUILT, AND FURTHER, TO WORK WITH THE ENGINEERING DEPARTMENT TO DETERMINE WHETHER THE TRAIL SHOULD BE ON THE NORTH OR SOUTH SIDE OF SCHMIDT LAKE ROAD. THE MOTION CARRIED WITH ALL AYES. The City has recently received a request from District 284 to help fund a playground at the new Kimberly Lane Elementary School, sited at Old 9 and Kimberly Lane. If PRAC believes that a park at Kimberly Lane makes more sense than a full scale neighborhood park proposed elsewhere in the Elm Creek driving neighborhood, the comprehensive plan must be amended. Other issues that must be addressed include the $150,000-$200,000 that would be saved by building a playground as opposed to building a full neighborhood park, would County Road 9 be a deterrent for people on the north side getting to and from Kimberly Lane school, and will there be a need for an additional neighborhood park if Hollydale remains a golf course. Another issue to consider at this time is that sewer will only be extended west of Vicksburg as far as the new school, but this will allow for development southeast of the school. City engineer, Fred Moore, believes there will be a high concentration of residential development in this area. He also stated that the school district bought more land than it may need and thinks maybe the City could negotiate a deal with them for park use. Commissioner Beach pointed out that even though Kimberly Lane school could be designated as the new park site in this neighborhood by amending the comprehensive plan, it still must meet other funding criteria before funding will be granted. She feels it would be better to stick with the original plan to build a neighborhood park in the southwest corner of Hollydale golf course, assuming that if a developer buys Hollydale, he would have to dedicate land or money to the City for a neighborhood park. Mr. Moore commented that at the present time, Hollydale is guided public/semi-public, and before a developer could do anything, he would have to request reguiding of this area. He believes this area could be fully developed within 10- 12 years, with some development taking place within five years if sewer goes in north of County Road 9 within that time frame. At the present time, it is assumed that Hollydale will remain a golf course indefinitely. Commissioner Rosen commented that he hopes the City would acquire it for use by the residents rather than allowing a developer to buy it if it does go up for sale. A MOTION WAS MADE BY CHAIR FREELS AND SECONDED BY COMMISSIONER ROSEN TO AMEND THE COMPREHENSIVE PARK PLAN DESIGNATING KIMBERLY LANE ELEMENTARY SCHOOL AS THE NEW PARK/SCHOOL SITE IN THE ELMCREEK DRIVING NEIGHBORHOOD. THE MOTION CARRIED WITH FOUR AYES. COMMISSIONER BEACH VOTED NAY. ��� �4 '91 February 1991 PRAC Minutes Page 10 Commissioner Waage asked if the originally proposed location for a neighborhood park in this area could be reinstated at a later time. Director Blank said that it could, because the comprehensive plan is reviewed every other year due to changing development plans. b. Review Land Acquisition Needs. Director Blank reviewed land acquisition needs that he believes are crucial for the continued growth of the park system. The Forster property lying immediately west of Zachary Playfield is for sale and is the best property available east of I-494. Some advantages of acquiring this site include its location, size, and easy access from County Road 9 and Zachary Lane. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER ,ANDERSON RECOMMENDING THAT THE COUNCIL AUTHORIZE NEGOTIATING WITH THE FORSTERS TO ACQUIRE THEIR LAND WEST OF ZACHARY PLAYFIELD. THE MOTION CARRIED WITH ALL AYES. The proposed playfield site owned by US Homes at the corner of Dunkirk Lane and Old 9 is being considered by the School District as their primary site for a junior or senior high. Director Blank stated he believes it would be in the best interests of the community to work jointly with the school district in the planning and development of a park/school project, but each group would separately own their sites. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER WAAGE RECOMMENDING TO THE COUNCIL THAT STAFF BEGIN NEGOTIATING WITH U.S. HOMES FOR THE ACQUISITION OF PROPERTY AT OLD 9 AND DUNKIRK LANE, AND FURTHER, THAT THE CITY WORK COOPERATIVELY WITH THE SCHOOL DISTRICT FOR THE FUTURE SITING OF A PARK/SCHOOL FACILITY THAT WOULD BE JOINTLY PLANNED AND DEVELOPED BUT SEPARATELY OWNED. THE MOTION CARRIED WITH ALL AYES. Land may need to be acquired north of County 9 between Fernbrook Lane and I-494 for a future neighborhood park. Director Blank stated that some development interests have surfaced at this time, but nothing is definite. He explained that park dedication probably would not be enough to meet the needs of this park and that additional land may have to be acquired. Staff will keep the Commission informed on development in this area. C. 1991 CIP Proiects. Director Blank explained that the City Council has not yet officially adopted the 1991-95 CIP. PRAC-has the opportunity to further review the projects proposed for 1991. He stated that the northeast neighborhood park will have to be delayed because the necessary land dedication has not occurred. Commissioners responded that if no neighborhood park is being considered in 1991, the City may wish to use those funds for the construction of more trails, including the trail along Schmidt Lake Road. In choosing trails, safety should be the number one priority. It was decided that the construction of four tennis courts in Plymouth Creek Playfield should remain in the 1991 CIP, along with the improvements to the Shiloh and Gleanloch neighborhood park playgrounds. Bridges should be replaced in Fazendin and Four Seasons neighborhood parks. Playfield irrigation at '91 February 1991 PRAC Minutes Page 11 Ridgemount should also be done. Projects 1992 include the expansion of the Zachary parking along Zachary Lane for the Timber suggested that this be done at the same Zachary Lane. recommended for delay until Playfield parking lot and Shores city park. It was time as the upgrading of A MOTION WAS MADE BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER ROSEN APPROVING THE RECOMMENDED CHANGES TO THE 1991 CIP. THE MOTION CARRIED WITH ALL AYES. d. Proposed Expansion of Public Safety Building/Amphitheater Area. Director Blank explained that the proposed Public Safety building may be sited in the area of the City Center natural amphitheater. Construction will not affect this summer's Music in Plymouth but could have an effect on the concert the following year. Director Blank will keep the Commission informed as the public safety building plans take shape. e. Parkers Lake Pavilion Rental Policy & Fee Schedule. Mary Bisek presented the 1991 rental policy and fee schedule for the Parkers Lake Pavilion and noted that fees are proposed to increase in all areas by about four percent. The other recommended change is allowing fund raising by rental groups with prior approval by the City Council. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER ANDERSON RECOMMENDING APPROVAL OF THE 1991 PARKERS LAKE PAVILION RENTAL POLICY AND FEE SCHEDULE. THE MOTION CARRIED WITH ALL AYES. f. Park Closing Times. The only park that has an official closing time stated in a City ordinance is Parkers Lake Park, which was established at 11 p.m. Director Blank feels it would be helpful if all parks had official closing times. All parks currently have signage stating when they close. Director Blank's recommendation is to close East and West beach at 9 p.m., all neighborhood parks at 10 p.m., all community playfields at 10:30 p.m. and Parkers Lake at 11 p.m. A MOTION WAS MADE BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER WAAGE APPROVING THE OFFICIAL CLOSING TIMES OF PARKS AND BEACHES AS RECOMMENDED BY DIRECTOR BLANK. THE MOTION CARRIED WITH ALL AYES. 7. COMMISSION PRESENTATION Several commissioners commented that they could not attend the March meeting if it is held on the 14th, so it was decided to postpone it until the 21st. Chair Freels will be out of town on that date, so Vice Chair Rosen will preside over the March meeting. 8. STAFF COMMUNICATION The City of Chaska is having an open house to celebrate their new community center and has invited City of Plymouth officials to attend. 9. ADJOURNMENT The meeting adjourned at 9:34 p.m. t y.d 1 1 { � PLYMOUTH METROLINK SOUTHWEST DAILY RIDERSHIP BY SERVICE TYPE JANUARY 1991 SPEER OF: 01/02 - 01/04 811 475 1286 01/07 - 01/11 1411 826 2237 01/14 - 01/18 1369 748 2117 01/21 - 01/25 1332 759 2091 01/28 - 01/31 1087 baa 1780 TOTAL: 6010 3501 9511 DAILY AVERAGE RIDERSHIP 273 159 432 YEAR TO DATE AVERAGE 273 159 432 '91 METROLINK SOUTHWEST DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984-1991 COMMUTER/ REVERSE COMMUTER MONTH: 1984 1985 1986 1987 1988 1989 1990 1991 January 330 307 351 429 433 496 427 432 February 310 292 350 394 426 461 420 March 307 311 338 397 418 467 417 April 301 295 354 365 408 405 364 May 295 298 332 350 392 388 367 June 276 314 349 358 409 362 372 July 277 297 328 345 361 356 360 August 266 292 328 345 377 376 352 September 275 322 354 348 396 383 407 October 276 312 384 365 430 441 398 November 271 311 396 398 437 433 389 December 265 320 412 391 409 398 352 --------- YEAR LONG ------------------------------------------------------- AVERAGE 287 306 356 374 408 414 373 432 * Effective April 1, 1990 Plymouth Metrolink providers changed from Medicine Lake Lines to Metropolitan Transit Commission. The passenger numbers for Medicine Lake Lines for the period 1984 - 1989 do not reflect transfers, while the 1990 Medicine Lake Lines figures includes transfers. Metropolitan Transit Commission figures reflect all fares whether cash or convenience. DAILY AVERAGE RIDERSHIP YEAR TO DATE AVERAGE PLYMOUTH METROLINK NORTHEAST DAILY RIDERSHIP JANUARY 1991 WEEK OF• 01/02 - 01/04 924 01/07 - 01/11 1761 01/14 - 01/18 1762 01/21 - 01/25 1493 01/28 - 01/31 1340 TOTAL: 7280 331 331 DAILY RIDERSHIP AVERAGES BY MONTH January --- February --- March --- April --- May --- June 243 July 263 August 284 September 266 October 294 November 301 December ------------------- 278 YEAR LONG AVERAGE: 276 331 331 =- \ �o CUSTOMER SERVICE LINE February 20, 1991 PROBLEM: Caller requests that the sidewalk on 34th between Vicksburg and the Post Office be plowed in the winter. She noted that many people like to walk along that stretch of 34th in the winter and it is difficult to do so without the sidewalk being plowed. (2/19, 6:33 P.M.) SOLUTION: A response is not possible because the caller was anonymous. For informational purposes, the call was passed on to Park Superintendent Mark Peterson. Fu' 21 f01 _.L. , t -.O CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 20, 1991 TO: Mark Peterson, Superintendent of Parks FROM: Helen LaFaveK� ommunications Coordinator SUBJECT: CALL ON 24-HOUR CUSTOMER SERVICE LINE An anonymous call was received on the Customer Service Line on February 19. Caller requests that the sidewalk on 34th between Vicksburg and the Post Office be plowed in the winter. She noted that many people like to walk along that stretch of 34th in the winter and it is difficult to do so without the sidewalk being plowed. For informational purposes, I am passing on this request so that you may keep it in mind when you set priorities for sidewalk plowing. HL:kec CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 12, 1991 TO: Steve Correll, upport Services Supervisor FROM: Helen LaFave, Communications Coordinator SUBJECT: CALL ON CUSTOMER SERVICE LINE A call was received on February 11, 1991 at 1:15 p.m., concerning the property at 11710 Evergreen Lane. The caller reports that the property has become an eyesore due to dirt, cars, and junk left in the yard. Would you please investigate this matter and report your findings to me by Friday, February 22, 1991. HL:kec cc: James G. Willis, City Manager S.F. 2/22/91 r'(',` FFA 2' J ANONIMITY REQUESTED: 1 - LJ THERE IS A RELIABLE WITNESS TO THIS OFFENSE. 2 = ❑ THE SUSPECT VEHICLE CAN BE FULLY DESCRIBED, DISTINCTIVE DESCRIPTION, LICENSE PLATE NUMBER. 3 = ❑ PROPERTY STOLEN IS TRACEABLE. 4- ❑ SIGNIFICANT PHYSICAL EVIDENCE IS PRESENT. 5 = ❑ THERE WAS A DEFINITE, LIMITED OPPORTUNITY FOR ANYONE OTHER THAN THE SUSPECT TO COMMIT THE OFFENSE. 6 = ❑ THE SUSPECT HAS BEEN NAMED - FULL NAME, ALIAS. NICKNAME. 7- ❑ DISTINCTIVE PARTIAL DESCRIPTION OF THE SUSPECT IS AVAILABLE. NARRATIVE SECTION SOLVABILITY FACTORS 8- ❑ THE SUSPECT WAS IDENTIFIED AS BEING SEEN PREVIOUSLY IN THE AREA OF THE OFFENSE. 9- ❑ SIGNIFICANT INFORMATION ABOUT THE SUSPECT ADDRESS OR LOCATIONS FREQUENTED IS KNOWN. 10= ❑ A VICTIM OR WITNESS COULD POSSIBLY IDENTIFY THE SUSPECT FROM A PHOTO FILE OR LINEUP. 11 = ❑ AN UNUSUAL. DISTINCTIVE OR SIGNIFICANT M.O. IS PRESENT. 12 = V ANY SIGNIFICANT REASON EXISTS IN THE JUDGEMENT OF THE REPORTING OFFICER TO BELIEVE THAT THE CRIME MAY BE SOLVED WITH REASONABLE AMOUNT OF INVESTIGATIVE EFFORT. 13 - ❑ NONE VISOR r�— MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: February 21, 1991 TO: James G. Willis, C' Manager FROM: Charles E. it r Community Development Coordinator, through unit Blair Tremere my Development Director SUBJECT: HENNEPIN COUNTY WASTE TRANSFER STATION CONDITIONAL USE PERMIT APPLICATION (89057) The City of Plymouth received 10 sets of plans on October 29, 1990, in response to our letters of August 24, 1990, and August 31, 1990. The Development Review Committee reviewed the revised plans on Wednesday, November 7, 1990, but did not yet have the benefit of comments from the City's engineering consultant. On November 13, 1990 the Development Review Committee again considered the revised plans --with the engineering comments available. On November 14, 1990 Hennepin County requested amendment to their Site Plan to add a classroom facility. A DRC Stage II letter has been sent to Hennepin County reviewing deficiencies remaining and also requesting plan revisions reflecting the classroom addition. There has been partial response to that letter of November 20, 1990, which was reviewed by the DRC December 14, 1990, and a letter was sent to the County on December 20, 1990 with comments on these partial responses. No additional County responses to our November 20, 1990_ letter have been received. The attached letter from Hennepin County of February 12, 1991 states that additional information will be submitted by March 15, 1991. Attachments: I. February 12, 1991 Letter from Hennepin County (cc/cd/89057:dl) a-- `-7 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 822 South Third Street, Suite 300 Minneapolis, Minnesota 55415-1208 HENNEPIN Phone: (612) 348-6846 H Ll FAX: (612) 348-8532 y, February 12, 1991 FEB 13 1�U1 Charles E. Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Dillerud: CITY U€COMMUNITV I apologize for the delay in answering your letter of December 20, 1990, addressed to Luther Nelson. You have asked for additional information from Hennepin County and we are in the process of getting the material ready for presentation. Please be assured that Hennepin County is desirous of proceeding with this project and requests that the application be considered active. I will have additional information for your consideration by March 15, 1991. Thank you for your assistance. Sincerely, Janet Leick Director JL:ms � [ q �i irl�r �` 1. 4 Y HENNEPIN COUNTY an equal opportunity employer PRINTED ON RECYCLED PAPER �k CITY OF February 20, 1991 PUMOUTR David Viland 12230 60th Place N Plymouth, MN 55442 Dear Mr: Viland: Mayor Bergman has forwarded your resident feedback form to me for review and comment. You state you are concerned about walking safely out of the Bass Lake Estates neighborhood. The City's comprehensive plan contemplates a trail that will run along the west side of Bass Lake Estates with the Northwest Boulevard construction and another trail running east and west with County Road 10 along the south side of Bass Lake Estates. In checking with Fred Moore, the Director of Public Works, he indicates that in the future, Hemlock Lane, after Northwest Boulevard northerly of County Road 10 is completed, will only be a right -in and right -out to County Road 10. Hemlock Lane, as I understand it right now, is a paved surface with a gravel shoulder on each side. Mr. Moore and I will take a look at the situation in the spring to see if there are any improvements that could be completed that would significantly improve the situation you have addressed. Hemlock Lane is a County road; therefore, we need to have County participation in any type of work that would go on in this area. Thank you for your time in attending the town meeting. I hope that you found it informative. If you would like to discuss this matter further with me, I can be reched at 550-5131. Sincerely, Eric J. Blank, Director Parks and Recreation EJB/np cc: City Manager Director of Public Works FFA 2' `91 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559.2800 RESIDENT FEEDBACK FORM Please use this form if you have a question or concern which does not appear on the Town Meeting agenda to which you would like the City to respond and/or investigate. if you provide your name, address and phone number, we will advise you of our actions and findings with respect to your concern. NATURE OF CONCERN: fiCc;e�S Our dF UaR 6AL5 zArK: FsTATFs ' 14nuf /U0 C6 ie 5.�(/�✓Cc 41dekS 61,I Elnle , / Af,S.s V lTlr9Q112-cC%Za,1 1�f.J-S 6('Q✓y Aj�rt&,,' a r 15 0-1y CGrrQ 't --5"eX1--11641 1641 WKS � J .:'�✓ G�'�' ."_ / /� ���P �{ ACTION YOU DESIRE THE CITY TO TAKE: t� NAME: ADDRESS: (cfty) erg CL'7 PHONE NUMBER: 7 - W -k "t "j l -t February 18, 1991 r� � CIN OF PLYMOUfFF Women of Achievement Committee Twin West Chamber of Commerce 10550 Wayzata Boulevard Minnetonka, MN 55343 Dear Nominating Committee: On behalf of the Plymouth city staff, we enthusiastically nominate Laurie Rauenhorst for the 1991 Karen Gibbs Women of Achievement Award. Laurie has served as Plymouth City Clerk since 1988. In that capacity, she has demonstrated professionalism, dedication and consistently has gone above and beyond the call of duty. Laurie has taken a job that sometimes was viewed as official recordkeeper and expanded upon it many times over. Since Laurie has held the position it has evolved into an essential component of Plymouth city government. As City Clerk, Laurie manages the city elections -- a job that includes the recruitment, training and supervision of 200 election judges and compliance with a myriad of county, state and federal requirements. She is involved in issues affecting many city departments and Plymouth taxpayers. Laurie has served on the Outdoor Business Storage Task Force, the Plymouth Records Management Committee and the City newsletter committee. Managing the city employee suggestion, employee recognition and volunteer recognition programs are among Laurie's responsibilities. Laurie prepares City Council agendas, attends twice a month meetings and takes minutes. She also attends and records minutes at monthly Plymouth Housing and Redevelopment Commission meetings. ` In addition to her daily responsibilities, she also maintains several active professional affiliations. Laurie has earned Certified Municipal Clerk status through the International Institute of Municipal Clerks. This is a multi-year process involving both education and practical experience. She has also served as an officer and on various committees of the Minnesota Clerks and Finance Officers Association. C\ 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Laurie is recognized outside the city of Plymouth for her expertise. She has worked with the League of Minnesota Cities and Hennepin County Clerk's Association to establish positions on proposed election law changes. She has been a presenter on election law changes at the League of Minnesota Cities Legislative Conference. She is also a speaker at the annual Municipal Clerk's Institute. There she has spoken on topics such as records management and legal requirements for minute -taking. Outside of her professional activities, Laurie is also an active member of the Minneapolis community in which she lives. She is a member of the Minneapolis League of Women Voters, the Harrison Neighborhood Association, the Save Cedar Lake Park Task Force and the National Organization of Women. Laurie is a district delegate for her political party and campaigned for candidates in the Third Congressional District and the Hennepin County Board of Commissioners during the past year. All of Laurie's accomplishments are complemented by the personal qualities she brings to her job and to those she works with and serves. She has a remarkable ability to deal with the public. She is a strong team player, both within in her city department and within the organization as a whole. She has become a valuable resource for Plymouth citizens and businesses. Finally, Laurie has consistently encouraged and supported the other women with whom she works. For these reasons and many more, it is our pleasure to submit Laurie Rauenhorst's name in nomination for the 1991 Women of Achievement Awards. She is truly is a woman who has achieved much and been instrumental in helping other women in government. Sincerely, Judy it in Helen LaFave Executive Secretary Communications Coordinator February 19, 1991 CITY OF PUMOUTR Women of Achievement Committee TwinWest Chamber of Commerce 10550 Wayzata Boulevard Minnetonka, MN 55343 SUBJECT: LETTER OF ENDORSEMENT FOR LAURIE RAUENHORST Dear Nominating Committee Members: We strongly endorse the nomination of Laurie Rauenhorst as the 1991 Karen Gibbs Women of Achievement Award recipient. Laurie joined the Plymouth staff as City Clerk in 1988. Since that time, she has proven to be a valuable resource and dedicated advocate for all the citizens of Plymouth, as well as the elected officials and appointed employees of the city. She is always involved in many and varied aspects of city business. While carrying out her responsibilities, she has become an ambassador to a wide variety of individuals and groups. In short, she has established a reputation as being reliable, and consistently going the "extra mile" to supply whatever is needed. Here are but a few of Laurie's work activities: Local, State, and Federal Election Administration — This single event involves six months planning, over 200 election judges and chairs, hundreds of thousands of dollars of equipment, and the efforts of many full—time city employees to prepare, administer, and complete the process. The election requires a thorough, technical understanding of election laws, mixed with a keen ability to coordinate the efforts of many people in a friendly but efficient fashion. 2. Task Force Participation — Laurie has served on the Outdoor Storage Task Force, as well as the Records Management Task Force. Her knowledge of local licensing was an essential resource to the Outdoor Storage Task Force. Her expertise in the area of data practices statutes has resulted in her designation as chair to the Records Management group. 3. City Council Support — Laurie is responsible for taking the official minutes at all City Council meetings. Moreover, she must ensure that resolutions and ordinances are recorded and maintained for posterity. She also acts as personal secretary to our five member Plymouth City Council. 4. Employee Activities — Annually, Laurie chairs the Employee Suggestion Committee and the Employee Recognition Committee. Through the Suggestion Committee over 40 employee cost—saving suggestions are reviewed, evaluated, and recommended for disposition annually. Many of these suggestions result in the cost savings to the City and its taxpayers. The Employee Recognition Committee is responsible for our 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Women of Achievement Committee February 19, 1991 Page 2 =- \Cx�. annual employee service luncheon, employee picnic, and a holiday party. Our 169 full time employees and their families truly appreciate these informal opportunities to meet with their peers in a non—business setting. In her official capacities, Laurie is a great asset to our community. As a person, she is wane, unpretentious and positive. Laurie is a real pleasure to work with. We strongly recommend Laurie for this award. Sincerely, J es G. Willis Ci Manager Director of Planning & Community Development Eric Blank Director of Park and Recreation Fred Moore Public Works Director Manager �J Dale Hahn Finance Director Dick Carlqu' Public Safety irector l,r-r3 4 I F February 19, 1991 s-oZOo`. Mayor Kim Bergman 3400 Plymouth Boulevard Plymouth, Minnesota 554 47 Uea.r-• Mr. Bergman, 1-a._e. y1i11 e'f Providing rf .L'. 1_LL .f � _ � rie'�i� �_'-1e Thank for �':� _ . i 1i 1i'_I ; li_ with e:f-Ir•• l,,.a,F`r' i of the meeting ! IY! r Council e 1 r!_ r-' u Februars 1.:, 1991. 1. In review of the t..a.P ed Proceedings there are two items _ feel e l 1 must First, in re9arda to they Council Me►_tim originally scheduled for February y t . 1991, _ fully h•xP et_ted to e a_t'.t en :7.;_ 1 had an i i • missed a. single I_o !.•1 ci1 Meeting since !ce t•a.k 'jt' a office. •er-eje ewev er" , knowing I:ieunci lCite•I b:•r• Ricker 'i.e_e be e_efI,'- of tif!,In, Co!('jle_; im ilibe! Zit e,t• to be scheduled for.., _!!r'..+: ur•4, and Vasiliou"s a.nnce!„i,ji•_i_'tilejl.!_ that "her er P lane did '1`I o t. arrive until 8; i }_. P +l I that .•ha,t. evening, I knew t.here would 'i ! t e t be a quorum Present. ince the Mier-•t'.1l.•111T_.0 ar-•e_e_r' to take c r'e i77 family business in Long Prairie b-t^rp(: bri . IFr_ reserve unit d;Rar__ to the Gulf, 1 made t!7_commitment that 1niii1latey, i cannot cancel at this date. Secondly, as e'r'•?.:_• i l i ou knoWs from the Wetlands Task k h -i er-ce meetings; 1 have great difficult, a.t.t.ending earls morning meetings due to fi!y family commitments. Both neighbors bli'"to business normally take care i_e fichildren f la when I am called away for Cite or-• other were out i if i;.f7l,1•I ! for the February 19th "Emergency" meet• 1 •f19. There er e wa.s no was 1 could a• i .t•end due to conflicts with me family ly Priorities. If this ca.11sed Mr. Anderson an, undue I,e e_i it ster•!Iatio t, Please convey me •a.F'ole..e'_!iF!a to e h1 m. Had You made .rr_ - meeting for ae Pr'' in _i_ i?' -1 would have been ir. ,: `.i'1 attend, but as usual, you 1. f ai!r•e_ to di_e,.0== this with me beforehand. eF'eha.Yld. Cr=el.Inci 1mefrber-' Carole .T. Helliwell City of Plymouth QQb U.S. Dtpartmant of Houstnp ,incl urban Devdopmam Minneapolis -St Paul Office, Region V 220 Second Street South Minneapolis, Minnesota 55401-2195 FEB 19 1991 Ms. Patricia Katzmarek Mission Area Association 3250 E. Medicine Lake Blvd Plymouth, MN 55441 Dear Ms. Katzmarek: SUBJECT: Union City Mission Transitional Housing Program This is in response to your February 1, 1991, letter regarding the approval of the subject project. This project was funded under the Supportive Housing Demonstration Program with Transitional Housing Funds. Prior zoning is not a requirement of this program. The regulations governing this program, 24 CFR Part 577, specifically state at Section 577.210(b)(10) regarding documentation to be submitted on zoning: A written statement from the unit of general local government in which the transitional housing is proposed to be located that the proposed use of the site is permissible under applicable zoning ordinances and regulations or other evidence that the use of the project site is permissible under applicable zoning ordinances and regulations; or a statement from the applicant describing the proposed actions necessary to make the use of the site permissible under applicable zoning ordinances and regulations, with evidence that there is a reasonable basis to believe that the proposed zoning actions will be completed successfully and within four months following submission of the applications. It was under the second part of this citation that Union City Mission submitted their application. The time frames followed to comply with Section 577.210(b)(10) are as follows: May 18, 1990 - Application was made under the Transitional Housing program. This application included a letter to the City of Plymouth stating Union City Mission needed a written statement showing the proposed use of the site is permissible under applicable zoning ordinances. June 27, 1990 - A letter from the City of Plymouth stating that new care facilities or an expansion or enlargement of an existing care facility was not allowable without changes to FE - :0 2 FE L: zoning ordinances. However, this letter also states that interior renovation work can be classified as allowable maintenance since the facility is not being expanded or enlarged. July 24, 1990 - A letter from the City of Plymouth stating: The City Council adopted an amendment to the zoning Ordinance following recommendation by the Planning Commission and that amendment resolved the nonconforming status of the Union City Mission facilities which are viewed as conditional uses. August 28, 1990 - A letter from HUD to Union City Mission stating their application received conditional fund approval. The only additional information needed was evidence of permissive zoning. August 29, 1990 - A letter from Union City Mission supplying information on permissive zoning. The documentation supplied was the July 24, 1990, letter from the City of Plymouth shown earlier. As you can see by the above time frames, zoning was granted by the City within the four months allowed in 24 CFR Part 577. If you have any further questions on this matter, please contact Cindy Behnke, CPD Representative, at 370-3026. Very sincerely yours, Thomas T. Manager cc.m Willis, City Manager City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Jim Thomson, City Attorney Holmes & Graven 470 Pillsbury Center Minneapolis, MN 55402 Feeney Mayor Rim Bergman City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Mark McCull-ogh, Attorney Holmes & Graven 470 Pillsbury Center Minneapolis, MN 55402 Sao c� WILLIAM L GREENE STEVEN L BELTON PETER H BACHMAN MARC D SIMPSON SHAUN C MCELHATTON JAM E5J BERTRAND MARK W DELEHANTY PETER E SCHIFSKY LAWRENCE P.SCHAEFER RONALD J SCHULTZ CAROLYN V WOLSKI STEVEN J RINDSIG JAMA M KRIZ GEORGE B LEONARD I IB72 19561 ARTHUR L H STREET 11877.19611 BENEDICT DEINARD 11899 19691 AMOSS DEINARDlIB9B 19851 IRENE SCOTT DANIEL D. FO DANIEL M SATORIUS OF CA -- WRITER'S DIRECT DIAL NUMBER (612) 335-1713 James Thompson, Esq. Plymouth City Attorney Holmes & Graven Pillsbury Center Minneapolis, MN 55402 Re: Lundgren Bros. Final Plat'} Our File No. 16066-14022 Dear Jim: Thank you for the courtesy copy of the letter from the City of Plymouth returning our final plat application. The purpose of this letter is to reiterate, in writing, the comments I made to you on the telephone. It is the position of my client that the refusal of the City to accept the final plat is not legally proper. While I recognize that the city engineer's report contains a provision that the final plat should not be submitted until the sewer extension contract is signed, it is our continuing position that the City is obligated to go forward. In fact, since the City has now received the bids for this element, and let the contract for the other part of this project, our position is that the City could and should have already entered into the contract for this extension. As I told you, we submitted our application to anticipated any City argument of failure on our part to submit the final plat, within the one year preliminary plat period provided under Minn. Stat. §462.358, Subd. 3c. As a result, we advised our client that it was necessary for them to submit the final plat application at this time. Based on the City's own checklist, we have provided you with a full and complete final plat. Thus, our position is that the failure to award the contract for the sewer constitutes a CIiNll FEES 2 - '91 LAW OFFICES LEONARD, STREET AND DEINARD SIDNEY LORSER• ROBERT LEW IS BARROWS' SUITE 2300 MICHAEL L BERDE SIDNEY BARROWS' KENT E RICHEY LOWELL V STORTZ HAROLD D FIELD, JR RICHARD J WEGENER 1 5 0 SOUTH FIFTH STREET DOUGLAS B. GREENSWAG ALLEN SAE KS' HUGH M MAYNARD' 55'402 ELLEN G SAMPSON VA VAX VALKENBURG THOMAS D FEINBERG' FREDERICK W MORRIS MINNEAPOLIS, M1NNESOTA MARGARET M MORRIS M SHERMAN' JOHN C KUEHN ROSANNE NATHANSON GEORGE REILLY' BRADLEY GILLAN TELEPHONE (612) 335-1500 SMERRI L. KNUTH CMA ALES K DAYTON MICHAEL A NEKICH' MICHAEL G TAYLOR DAVID COX' MARTHA BRAND' FACSIMILE (612) 335-1657 JOHN W. GETSINGER STCPHEN R PFLAUM' DAVID N HAYNES THOMAS P.SANDERS CHARLES A MAYS• CAROLYN CHALMERS ROBERT ZE GLOWTCH LOWELLJ MOTEBOOM' JAMES V. ROTH' TIMOTHY WELCH G EOPGEF McGUNNIGLE. JR ROBERT L. DCMAY GREGG J. CAVANAGH RICHARD G PEPIN. JR ANGELA M BOHMANN GREGORY C. BROWN FREDRIC T ROSEN BLATT' ROBERT P THAVIS' SUSAN M. ROBINEA BY RON E STARNS' JAMES G BULLARD' DEBRA G. STREHLOW JOHN H. HERMAN JOSEPH M. FINLEY' PEDER A LARSON STEVEN D DzPUYTER- LAWFIELD WID February 1 5 1 9 9 1 ICHAEWILTGEN REIBERT DORS JAMES R. DO RS[Y KATHLEEN M GRAHAM WCKE DAVID W KELLEY MARKS WEITZ• , NANCY VIRGINIA B. COME STEPHEN J DAVIDSON' DAVID L LILLEHAUG CAT.ARINE BOSCHEE STEPHEN P LITMAN' DAVID KANTOR MICHELLE A MILLER DAVID C ZALK• ANGELA M. CHRISTY TIMOTHY A MEYERSON EDWARD M MOEPSFELDER' MARK A. LINDGREN JENNIFER K. PARK 'KKpr[551.— C.—III.— BLAKE SHEPARD, JR Sao c� WILLIAM L GREENE STEVEN L BELTON PETER H BACHMAN MARC D SIMPSON SHAUN C MCELHATTON JAM E5J BERTRAND MARK W DELEHANTY PETER E SCHIFSKY LAWRENCE P.SCHAEFER RONALD J SCHULTZ CAROLYN V WOLSKI STEVEN J RINDSIG JAMA M KRIZ GEORGE B LEONARD I IB72 19561 ARTHUR L H STREET 11877.19611 BENEDICT DEINARD 11899 19691 AMOSS DEINARDlIB9B 19851 IRENE SCOTT DANIEL D. FO DANIEL M SATORIUS OF CA -- WRITER'S DIRECT DIAL NUMBER (612) 335-1713 James Thompson, Esq. Plymouth City Attorney Holmes & Graven Pillsbury Center Minneapolis, MN 55402 Re: Lundgren Bros. Final Plat'} Our File No. 16066-14022 Dear Jim: Thank you for the courtesy copy of the letter from the City of Plymouth returning our final plat application. The purpose of this letter is to reiterate, in writing, the comments I made to you on the telephone. It is the position of my client that the refusal of the City to accept the final plat is not legally proper. While I recognize that the city engineer's report contains a provision that the final plat should not be submitted until the sewer extension contract is signed, it is our continuing position that the City is obligated to go forward. In fact, since the City has now received the bids for this element, and let the contract for the other part of this project, our position is that the City could and should have already entered into the contract for this extension. As I told you, we submitted our application to anticipated any City argument of failure on our part to submit the final plat, within the one year preliminary plat period provided under Minn. Stat. §462.358, Subd. 3c. As a result, we advised our client that it was necessary for them to submit the final plat application at this time. Based on the City's own checklist, we have provided you with a full and complete final plat. Thus, our position is that the failure to award the contract for the sewer constitutes a CIiNll FEES 2 - '91 James Thompson, Esq. February 15, 1991 Page 2 violation of the Capital Improvement Plan and Comprehensive Plan of the City, in violation of the statute. I appreciate the further comment you conveyed to me from the city planning director to the effect that if, following submission of the Springstead report, the City does go forward with the sewer, the City will be able to expeditiously process the final plat, so we will not experience delay. I hope the City will decide to proceed with the sewer, because it is the correct decision under state land use planning laws and minimizes City costs. Nonetheless, I must advise you that since we are now past the point when the sewer contract could have been awarded and, under the Comprehensive Plan and CIP, should have been awarded, we now have a compensable temporary taking under the First English case. As an alternative approach, I would ask that you and the City give consideration to accepting the plat application at the present time. Since the city council will be making its decision in early March after receipt of the Springstead report, acceptance and a commencement of processing now would avoid the risk of delay. The City would still be in a position to later not approve the plat or to approve the plat, but condition any construction on extension of the sewer, thereby preserving the status quo from the City's point of view. I would be pleased to discuss these ideas with you further. I will be out of town until the 25th. You can call Peter Bachman on these ideas in the interim. JHH/jh cc: Peter Pflaum James Willis/ Very truly yours, LEONARD, STREET AND DEINARD B (ILY U- tkl-� John H. Herman t L'.21 SIDNEY LORSER' SIDNEY BARROWS' HAROLD D FIELD, JR ALLEN' SAEKS' THOMAS O FEINBERG' MORRIS M SHERMAN' GEORGE REILLY' CHARLES K DAYTON DAVID N COX' STEPHEN R PFLAUM- CHARLES A. MAYS* LOWELLJ NOTEBOOM' GEORGE F MCGUNNIGLE, JR RICHARD G PEPIN, JR FREDRIC T ROSENBLATT' BYRON E STARNS' JOHN H. MERMAN STEVEN D DCRUYTER• JAMES R DORSEY KATHLEEN M GRAHAM STEPHEN J DA(IDSON• STEPHEN R LIT MAN• DAVID C ZALK' EDWARD M. MOERSFELDER' ROBERT LEWIS BARROWS' KENT E RICHEY RICHARD J WEGENER HUGH M. MAYNARD' FREDERICK W MORRIS JOHN C KUEHN BRADLEY J GILLAN MICHAEL A NEKICH' MARTHA C. BRAND' DAVID N HAYNES CAROLYN CHALMERS JAMES V. ROTH' ROBERT DEMAY ANGELA M BOHMANN ROBERT P THAVIS' JAMES G. BULLARD' JOSEPH M FINLEY' LAWRENCE J. FIELD DAVID W. KELLEY MARKS WEITZ' DAVID L LILLEHAUG DAVID KANTOR ANGELA M CHRISTY MARK A LINDGREN LAW OFFICES LEONARD, STREET AND DEINARD SUITE 2300 150 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 3351500 FACSIMILE (612) 335-1657 February 15, 1991 MICHAEL L. DERIDE LOWELL V. STORTZ DOUGLAS B GREENSWAG ELLEN G SAMPSON MARGARET M VAN VALKENBURG ROSANINE NA THANSON SHERRL KHUTH MICHAEL G. TAYLOR JOHN W GETSINGER THOMAS P SANDERS ROBERT ZEGLOVITCH TIMOTHY WELCH GREGGJ CAVANAGH GREGORY C. BROWN SUSAN M ROBINER DEBRA G STREHLOW PEDER A. LARSON MICHAEL R COHEN NANCY WILTGEN REIBERT VIRGINIA B. CONE CATHARIME BOSCHEE MICHELLE A. MILLER TIMOTHY R. MEYERSON JENNIFER K PARK ■LA K E SHEPARD, JR WILLIAM L GREENE STEVEN L BELTON PETER H BACHMAN MARC D SIMPSON SHAUN C MCELHATTON JAMES J. BERTRAND MARK W. DELEHANTY PETER E SCHIFSKY LAWRENCE P. SCHAEFER RONALDJ-SCHULTZ CAROLYN V WOLSKI STEVEN J. RINDSIG JAMA M. KRIZ GEORGE LEONARD 11872 19561 ARTHUR H. ST R EET 11877 19611 BENEDICT DEINARD 11899 19691 AMOS 5 DEINARD 11898 X9851 IRENE SCOTT DANIEL D FOTH DANIEL M. SATORIUS OF COU. - WRITER'S DIRECT DIAL NUMBER (612) 335-1862 James Thompson, Esq. Plymouth City Attorney Holmes & Graven Pillsbury Center Minneapolis, Minnesota 55402 Re: Lundgren Bros. Construction Co., Inc.; Sewer Extension Dear Mr. Thompson: we have previously communicated to you and to the City Council our concern that the City of Plymouth ("City") lacks legal authority to delay sewer service to the Lundgren Bros. Construction Co., Inc.'s ("Lundgren") development project which received preliminary plat approval, subject to sewer availability, on April 16, 1990. At our meeting on December 14, 1991, we supported this opinion with a preliminary legal memorandum containing a number of compelling arguments principally based on state land use planning laws. It is our understanding that the City has commissioned a study by Springsted, Inc., to evaluate and compare the tax revenue generated by residential development to the municipal costs required to service such development, particularly focusing on fiscal impacts related to schools. Our further legal research leads us to conclude that considering tax burdens related to schools as a basis for excluding residential development is beyond the power of the City (i.e., ultra vires) and in violation of the purpose, procedures and requirements of the Minnesota Zoning Enabling Legislation and the Metropolitan Land Planning Act ("MLPA"). As you are no doubt well aware, under Minnesota law cities have only such powers as are James Thompson, Esq. February 15, 1991 Page 2 expressly conferred by statute or implied as necessary in aid of those powers which are expressly conferred. Welsh v. City of Orono, 355 N.W.2d 117 (Minn. 1984) . If the matter over which a city is attempting to exercise its powers is a matter of State- wide concern, the powers of a city to take action are narrowly construed. Id. at 120. The issue of tax burdens related to schools is clearly an issue of State-wide concern, effecting, as it does, all cities and based on tax laws not subject to local control. The validity of basing local land use decisions on a purpose of minimizing local tax impacts has arisen in a number of jurisdictions around the country. The cases discussing this issue conclude that it is impermissible to base land use decisions on a desire to minimize local tax impacts and that such actions are beyond the power of cities. E.g., Baltimore Planning Commission v. Victor Development Company, 275 A.2d 478 (Md. 1971) (citing Beach v. Planning and Zoning Commission, 141 Conn. 79, 103 A.2d 814 (1954), as authority that the anticipated adverse affects on public school facilities and general fiscal impacts are not valid considerations under the enabling act); Beck v. Town of Raymond, 394 A.2d 847 (N.H. 1978) (zoning ordinance adopted for purpose of preventing the entrance of newcomers in order to avoid burdens upon public services and facilities is not based on a valid public purpose); Stoney -Brooke Development Corporation v. Town of Fremont, 474 A.2d 561 (N.H. 1984) (growth control measures must comply with statutory requirements and assess and balance community development needs); Southern Burlington NAACP v. Twp. of Mt. Laurel, 67 N.J. 151, 336 A.2d 713, cert. denied 423 U.S. 808 (1975) (in a landmark "fair share" decision, court provides that municipalities must zone primarily for the living welfare of people and not for the benefit of the local tax rate). In Minnesota, these arguments are particularly compelling. The zoning enabling legislation does not provide cities with any authority to consider fiscal impacts related to schools as a basis for land use planning. To the contrary, the MLPA is based on the interdependence of the entire metropolitan area and provides for the Metropolitan Urban Service Area ("MUSA") within which urban services are to be provided. It flies in the face of the entire statutory scheme if one city is allowed to deny sewer service ,=- 0-:k 0 c., James Thompson, Esq. February 15, 1991 Page 3 within the MUSA based on alleged local tax impacts. If every city did this, the result would be to stop all growth. This is unlawful. Having given Lundgren preliminary plat approval, the City is completely without authority to rethink its prior decision to include the land within the MUSA or to forestall development because of alleged fiscal impacts. As we have stated before, Lundgren has a great deal at stake in proceeding with its development in 1991. It is our understanding that the next step in the City's decision-making process related to the sewer extension is to receive and consider the Springsted report. While we intend to cooperate in the study, we do so without agreeing it is a proper procedure or waiving our legal claims. In addition to raising the above legal arguments, it is the purpose of this letter to clarify the procedures that the City intends to follow. The sewer extension project at issue here ("Sewer Extension Project") is part of the City's approved Capital Improvements Program for 1991 and is a part of the City's Comprehensive Plan by virtue of the provisions of the Metropolitan Land Planning Act. As such, any decision to delay the Sewer Extension Project is, most likely, a decision falling within the parameters of Swanson v. City of Bloomington, 421 N.W.2d 307 (Minn. 1988) and Honn v. City of Coon Rapids, 313 N.W.2d 409 (Minn. 1981) (appeal procedures apply to legislative -type determinations). Under Swanson, if the proceedings before the City on the decision to authorize the sewer extension are adequate and fair and the record is clear and complete, judicial review will be "on the record." If interested parties are not given an opportunity to fully present their case, the proceedings are not adequate or fair, and judicial review will be by trial de novo. If the City elects a Swanson -type hearing, we would, of course, need adequate advance notice of the City Council proceeding, following our receipt of the Springsted report, to allow us to fully prepare. If, on the other hand, the City elects not to hold a Swanson -type proceeding, we would request a stipulation from the City that additional evidence and testimony would be admissible in any subsequent judicial proceeding. The choice is entirely up to the City and we are willing to proceed on either basis. If a Swanson -type proceeding is elected, we estimate that it will take at least two days to hear all the evidence and testimony. Regardless of which type of proceeding the City elects, we urge the City to act promptly. As you know, undue delay is a compensable taking under First English. James Thompson, Esq. February 15, 1991 Page 4 By this letter, we further request a copy of the following documents at any time collected, created, received or maintained by the City: 1) The Springsted report and any drafts thereof; 2) Any and all correspondence, notes, contracts, memoranda or other documents relating in any way to the Springsted report; 3) Any and all correspondence, notes, memoranda or other documents relating to the evaluation of fiscal impacts of development which are relevant to the city's determination on the Sewer Extension Project; and 4) Any and all correspondence, notes, memoranda or other documents pertaining, directly or indirectly, to the timing of the Sewer Extension Project, including specifically any comments of the school district made in Plymouth's Capital Improvement Plan pursuant to Minn. Stat. § 473.858, Subd. 2, or otherwise. . Please consider this request as made pursuant to Minn. Stat. § 13.03. By copy of this letter to Jim Willis, we ask that this request be forwarded to the appropriate "responsible authority" in the City. We will, of course, pay the reasonable costs for copying. If the copying costs are expected to exceed $200.00, please contact the undersigned so that we can arrange a time to inspect the data prior to copying. Finally, we request that you identify and preserve the audio and video tapes as well as any minutes or transcripts of all City Council meetings at which the Sewer Extension. Project was discussed; at which Lundgren received preliminary plat approval; or at which the City's 1990-1991 Capital Improvement Program or the idea of a moratorium were discussed, including without limitation the City Council meetings of April 16, 1990; November 5, 1990; and December 10, 1990. Please contact the undersigned at your earliest convenience so that we can make arrangements to view or copy the video tapes. James Thompson, Esq. February 15, 1991 Page 5 We regret the formality of this letter, but believe that we have no choice if we are to fully represent our clients. We look forward to hearing from you and stress our hope that we can reach an amicable agreement on the issues. Very truly yours, LEONARD, STREET AND DEINARD ,-?[, P A'C"� By John H. Herman /fc cc: Jim Willis, City Manager ✓ Peter Pflaum ow FFA. February 20, 1991 Mrs. Marie Osier 18130 Hwy. 55 Plymouth, MN 55446 CIN OF PLYMOUTH - SUBJECT: MARKHAM SPORTING GOODS (90041) Dear Ms. Osier: Thank you for your letter of January 30th, received by the City of Plymouth February 4th concerning your neighbor Gary Markham. Over the past 18 months there has been a continuing dialog between the City of Plymouth and Gary Markham (representing Markham Sporting Goods) concerning a number of issues, primarily Mr. Markham's entry into the U -Haul trailer renting business. Zoning Ordinances, which have been in effect in Plymouth for 25 years specify locations where certain types of activities of a commercial nature may or may not take place. The purpose of these Zoning Ordinances is to ensure that the activity of one property owner does not adversely influence the rights of an adjoining property owner. Even if a site is zoned for commercial purposes, certain commercial activities may only take place with a specific approval of the City Council. In the case of Markham Sporting Goods no commercial zoning exists at this time. Until such time as municipal water and sewer is extended to your area Zoning is basically "agricultural" where no commercial activities such as Markham Sporting Goods is permitted. Since Markham Sporting Goods existed prior to the Zoning Ordinance, the types of retail activities that were carried out historically at this location may be continued as a "grandfathered use". No additional commercial uses are permitted however until the appropriate commercial zoning exists for the site. As I'm certain you know, rental of U -Haul trailers has not been an historic activity at Markham. Sporting Goods. Mr. Markham may not have been aware of his potential violation of the Zoning Ordinance at the time he initiated the U -Haul rental activity. The City Staff did, however, inform him of the violation shortly after he added the U -Haul activity to his -site. The City even allowed the activity to continue as Mr. Markham filed applications requesting City Council approval of the use. When Mr. Markham decided to withdraw his applications for approval of the U - Haul rental, but continued to operate the business, the City had no choice but to institute legal action. Prior to completion of the legal action Mr. Markham has chosen to discontinue the U -Haul business that he should not have been involved in without City Council approval in the first place. �Et ?� 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 aoc. Page 2 Osier 2/20/91 You should understand, Mrs. Osier, that Zoning issues are a City-wide concern. Mr. Markham is not being singled out for attention by the City of Plymouth in this regard. If Zoning is to work for the benefit of all citizens in the community then it is imperative all citizens be required to abide by the zoning laws that have been adopted. As I'm sure you realize there are numerous other businessmen in the community who would desire to benefit economically from a trailer rental franchise at their current locations, but cannot due to zoning constraints. For the City to overlook Gary Markham's violation of the Zoning Ordinance would be a far greater injustice to these other business men than whatever apparent injustice has resulted from the City enforcing existing zoning regulations involving Markham Sporting Goods. You also mentioned Len Busch in your letter. As is the case with Markham Sporting Goods, Len Busch Roses is rapidly becoming surrounded by urban uses. As Len himself would tell you, this is not the first time (in fact it is the third time that the Busch Nursery business has seen City development "catch- up". I believe the business was originally in Minneapolis, later in Golden Valley, and now in Plymouth. While the activities of a greenhouse and nursery (including the high intensity lighting to assist the growing of roses) may not be an imposition on open fields and grazing cattle that once was the neighborhood in which Len Busch Roses was located, such activities, (particularly the high intensity lighting) is of concern to the several existing homes and many soon to be constructed homes on sites immediately adjoining Len's property. While Len Busch certainly had nothing to do with "new" people moving into him immediate neighborhood, I think you will find he too realizes that it is inevitable that this would eventually happen, and the conflicts you have been reading about, and hearing about were inevitable as well. I believe Len has embarked upon a plan to minimize the conflict that his rose growing has created for some of his neighbors. Mrs. Osier, let me assure you that the City of Plymouth is not "against a small business person". Plymouth was built by small business people over several decades. If the City is to function in a manner where the rights of all persons are equally protected (both residential properties and businesses) there must be rules. At times the application of those rules may result in what appears to be unfair to a given individual. Thank you for sharing your observations with us. Should you have any further questions concerning these matters please do not hesitate to contact me. Sincerely, )Jaes G. Willis Manager cdjw/90041:lr) 2 aoc:�, qoo� �Vk4�1 ss 5 s VY, � F�s� o4�. Mr. & Mrs. Thomas W. Larkey 12820 50th Avenue North Minneapolis, Minnesota 55442 (612) 553-2082 February 15, 1991 Kim M. Bergman Mayor City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Dear Mayor Bergman, - aoC-O 4,i � � .«i�• `mac � .� Let me begin by introducing myself. My name is Tom Larkey and I reside at 12820 50th Avenue North, in the "meadows of Bass Lake" with my wife Linda and daughter, Shannon. You may recall, last evening I was the one who asked our police chief about the drug and gang situation at the Town Meeting (Area 4), 1 was the first questioner. After reviewing the EAW dated January 16, 1991, discussing Schmidt Lake Road/Northwest Boulevard, I wish to share with you my recommendations both as a member of the Bass Lake Homeowners Associates and representing myself and my family. NORTHWEST BOULEVARD I stronaly urge you to consider Route AE for NW Boulevard for the following reasons: A. Most importantly, to minimize impact on wildlife and our precious wetland areas. Ecologically we must act now to save our wetlands. B. To prevent inevitable conflicts between the city and area residents regarding noise pollution. Route AE will eliminate noise pollution as a concern. Four lane roads will be be noisy day and night and we are sure residents will seek noise reductions from the city if Route AE is not chosen. C. A bridged railroad route makes sense for reasons of public safety (police and fire route) and I assume would keep traffic flowing better also. elf'`. z ao 0,0� Page 2 D. Concerns for our children's safety - traffic on NW Blvd. will move quickly and threaten the safety of our children. E. And, our personal interests as area residents, the impact on our well- being; our property values and the potential impact of non AE Route alternatives would have on our highly taxed community. We are the people most impacted by non AE Route. Please consider Route AE for Northwest Boulevard. F. Schmidt Lake Road extension - Please confer SLR2 as the b= route. We only have one chance to do this and for many of the above reasons we recommend Route SLR2. We have a chance here to follow through on our support for wetlands even though it might not be the easiest approach; perhaps in the "big picture" it's the best approach. We can't replace the wetlands and wildlife that the non SLR2 Route would destroy. It's up to Plymouth to be an action community and not an excuse community. Let's save our diminishing wetlands - please. G. In addition to the above, we would appreciate your support for the proposal to dead-end Rosewood from 50th to "Schmidt Lake Road". As evidenced by the petition signed by the entire group of homeowners of Meadows by Bass Lake, we as a group, do not want Rosewood connected to Schmidt Lake Road. The only people who could possible benefit from such a connection would be those of us in Meadows of Bass Lake and we don't want the connection made. General traffic would certainly go Schmidt Lake to Pine View or vice versa. Why would they benefit by driving through our three block area full of small children and opposing adults? The increased traffic flow off Schmidt Lake Road would be a severe burden to our development and would serve no practical purpose. And after all, it is a dead end now and works just fine. Please support us on this issue. It's all of us in the Meadows who would be affected and we oppose this proposal to connect the roads. As a resident of the great City of Plymouth, a tax payer, concerned citizen and member of the Meadows of Bass Lake Homeowner's Association, I want to relay our concerns and recommendations to you and request your continued support for ROUTE AE for NORTHWEST BLVD, ROUTE SLR2 for SCHMIDT LAKE ROAD, and DEAD ENDING of ROSEWOOD at SCHMIDT LAKE ROAD. Gltr FEE 21 � 1 =.aOC- Page 3 Please call me if you would like to further discuss these issues (work) 733-0698 or (home) 553-2082. Thank you for your time and support. Sincerely, Thomas W. Larkey 12820 50th Avenue North Minneapolis, Minnesota 55442 C1 Mi FEE 21 `91 0 ¢ J wC)� 3 -. ..Y.. ,n _. ... z e �. : z ¢ J ' W a LO ir it � �,' �.� •\ � `� _ .� - cn >s Z �O w F- N 4u °z W [� Oz o z �? p„ U. w N w tea' ro \ LO %Er ..: _ _. / Q , ........ . .. ....._ _.. .._ . >s Z �O w F- N 4u °z W [� Oz o z �? p„ U. w N w = ao� February 20, 1990 Mr. Fred G. Moore, P. E. Director of Public Works City Of Plymouth 3400 Plymouth Blvd. Plymouth, MN. 55447 Dear Mr. Moore, I represent the Meadows of Bass Lake Homeowner Association. The proposed road extensions of Schmidt Lake Road and Northwest Boulevard directly impact the quality of life in our subdivision. We have taken an active interest in the placement of the aforementioned roads. Our first exposure to this process was at the City Council meeting of June 4,1990. At that time, discussion centered around proposed alignments of AB, AC and, AD of Northwest Boulevard. Also, at that time, the council voted in favor of the AD alignment with an elevated crossing at the Soo Line Railroad. The Environmental Assessment Worksheet we are discussing in this letter, now shows an AE alignment as another alternative under consideration. The AE alignment, in our estimation, is preferable, because: 1- There is less negative impact to wetlands. 2- It follows an existing roadway already in place. 3- There will be less impact to our neighborhood in terms of noise and traffic pollution. It is because of this rational, that we firmly support the AE alignment of Northwest Boulevard. Our second choice would be an AD alignment. The other consideration in the Environmental Worksheet to be addressed, is the extension of Schmidt Lake Road. While the preferred alternative by SRF is SLRI, our preference, as you might suspect, is SLR2. We selected the AE alignment of Northwest Boulevard for the same reasons. However, our main concern regarding the Schmidt Lake Road extension is Rosewood Lane. We strongly request that Rosewood Lane remain a cul de sac street. On November 19, 1990, we presented a petition to City Council signed by every resident of this subdivision, expressing our concerns regarding Rosewood Lane becoming a thoroughfare. I have attached a copy of that petition for your review. In conclusion, we appreciate your time in considering our concerns on the impact Plymouth City Project No. 011 will have on the Meadows Of Bass Lake subdivision. We would like to be allowed to participate in any future discussions related to this project. Sincerely, Bryan Sykora President Meadows Of Bass Lake Homeowner Association 4970 Quinwood Lane Plymouth, MN. 55442 557-0876 enclosure cc: Dan Faulkner James G. Willis PETITION We, the residents of Plymouth, request that the section of Rosewood Lane that runs through the Meadows of Bass Lake subdivision be closed off from the proposed westward extension of Schmidt Lake Road to Northwest Boulevard. We suggest this for the following reasons: 1. The residents who would receive the most direct benefit from the connection of Rosewood Lane to Schmidt Lake Road are those of the Meadows of Bass Lake subdivision. The majority of those residents' signatures are on this petition as opposing the extension. 2. Such an extension would inevitably become a short cut from traffic delays which may result at the intersection of Pineview and Schmidt Lake Road. 3. Blocking such an extension would preserve the Meadows of Bass Lake subdivision's sense of community. 4. Without sidewalks in the Meadows of Bass Lake subdivision, children regularly use the streets. These children would be subjected to increased danger if the extension were to go through and, as was mentioned above, cars used the subdivision as a short cut. LE 2 '91 „p.'TES POSTq y � Y O N W T Z n Z LLSMAIL m United States Postal Service February 15, 1991 Mayor Kim M. Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, 2u3 55447-1482 Dear Mayor Bergman: Thank you for your letter of January 30, 1991, expressing your concerns and suggestions concerning the name of the new postal facility that has been approved to serve the 55441 and 55442 ZIP Code areas. I understand and appreciate your concerns about the "Medicine Lake” name for the facility. However, the names "Plymouth -East" and "Plymouth -West" create the same kind of identity problems for the Postal Service as the "Medicine Lake" name does for the City of Plymouth. I suggest that other options be considered, including perhaps the name of a nearby city park, a famous citizen, or some other geographic or physical landmark that would be identifiable for Plymouth residents. We will continue to work with you in order to find a name for the facility that will meet the needs of both the City of Plymouth and the United States Postal Service. Please do not hesitate to contact me if you have further questions regarding this issue. Sincerely, Ote, William Brown General Manager/Postmaster Twin Cities Division 100 South 1st Street Minneapolis, MN 55401-9998 jVh �� ,<<A c� FCD 2_2 i February 20, 1991 Rosie Loeffler -Kemp Minnesota COACT 324 Hennepin Avenue East Minneaplis, MN 55414 Dear Ms. Loeffler -Kemp: CIN OF PLYMOUTF+ Yesterday I received two complaints from residents on 46th Avenue North in Plymouth about the behavior of one of your solicitors. The first resident stated that when she said to the solicitor that she was not interested, he said very angrily, "You should be interested," continued talking and refused to leave her door. The second resident also stated the solicitor would not leave her door when asked to do so and got "quite angry at me." In both instances the solicitor identified himself from COACT. It is likely that this was the same solicitor since both incidents occurred on the evening of Tuesday, February 19, and within blocks of each other. Plymouth City Code Section 1140.13 states that "No peddler, solicitor or transient merchant shall harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale to any person after being told not to do so by that person." I understand that COACT is a nonprofit organization and is not offering anything for sale; and therefore, is exempt from licensing under the Plymouth City Code. However, the spirit and intent of the ordinance certainly applies to all peddlers, whether they represent profit or nonprofit organizations. In Plymouth, we believe residents have the right to say "No" once and not be bothered further. I'd appreciate your cooperation by sharing this information with your solicitors working in the City of Plymouth. It is in both our interests -- Your organization will gain better rapport with citizens, and the City will not have to consider extending licensing to nonprofit organizations. Thanks for your assistance. Sincerely, Laurie Rauen orst City Clerk 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 qtr;" F[P 2 ? '91