Loading...
HomeMy WebLinkAboutCouncil Information Memorandum 01-24-1992PY� =CITU OF PUMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM JANUARY 24,1992 UPCOMING MEETINGS AND EVENTS.... 1. CITY COUNCIL MEETING SCHEDULE FOR JANUARY: JANUARY 27 6:30 P.M. PLYMOUTH FORUM City Council Chambers 7:00 P.M. COUNCIL MEETING City Council Chambers -------------------------------------------------------- 2. HRA -- Thursday, January 30, 6:30 p.m. The Plymouth Housing and Redevelopment Authority will meet in the City Council Chambers. Agenda attached. (M-2) 3. PLYMOUTH FIRE & ICE FESTIVAL -- Saturday, February 1, 2 - dusk, at Parkers Lake Park. A news release on the scheduled and ongoing events for the festival is attached. (M-3) 4. MLC LEGISLATIVE DINNER -- Wednesday, February 5. The Eighth annual MLC Legislative dinner will -be held at the Decathlon Athletic Club in Bloomington beginning at 6:30 p.m. Local city officials and State legislators have been invited to attend. A copy of the meeting notice is attached. Please contact Laurie before January 31 if you plan to attend. (M-4) 5. MEETING CALENDARS -- City Center and City Council calendars for January and February are attached. (M-5) 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 CITY COUNCIL INFORMATION MEMORANDUM January 24, 1992 Page 2 FOR YOUR INFORMATION..... 1. LEN BUSCH ROSES WARNING SIGN -- Representatives of Len Busch Roses submitted a request for a 32 square foot sign designed to advise persons in the area of the their rose growing operations of the nature of the operation and the lights. The sign will read as follows: "Notice to New Neighbors - Len Busch Roses, Inc., is a wholesale greenhouse company founded on this location in 1965. Growing lights are used at night during certain times of the year. At times the lights create a glow over the neighboring land. Check with realtor for a disclosure." The sign will be located with appropriate setbacks off of Medina Road, adjacent to their new greenhouses. 2. FISCAL DISPARITIES CONTRIBUTIONS -- The January 21 issue of Minnesota Journal published by the Citizens League, reports on the continuing growth of the region's commercial/industrial tax base under the fiscal disparities law. The article notes that 31.8 percent of the region's commercial/industrial tax base is now included within the fiscal disparities program. The growth of the shared tax base, which is now $305.1 million, is five percent higher than that of 1990. Plymouth has always been a "loser" in fiscal disparities. In 1991, we ranked in the top six for the largest net contributions per capita. Our amount is $173 per capita. Programs such as fiscal disparities are designed to share property tax wealth, and it is clear that the purpose is being achieved. Of the 187 governments in the Twin City metropolitan area, 150 are "winners;" that is, they receive more than they contribute. This fact alone indicates why it will be so difficult to have substantive changes made in the law. 3. PLYMOUTH 13 '1 CLUB - REPORT ON USE OF LEAD SHOT -- As directed by the Council at the December 16 meeting, attached* is a report from Frank Boyles on the potential hazard which lead shot may present now or in the future on the Gun Club property or adjacent properties. (I-3) 4. OMNIBUS TRANSIT BILL OUTLINE -- Attached is a copy of the Omnibus Transit Bill Outline. This proposal was passed by the Regional Transit Board's Legislative Committee, and adopted by the Regional Transit Board on January 6, 1992. The RTB will now draft the outline into bill form and solicit authors. (I-4) 5. WETLAND SESSION -- The Minnesota Association of Soil and Water Conservation Districts (MASWCD) has announced it will hold training sessions for local government CITY COUNCIL INFORMATION MEMORANDUM January 24, 1992 Page 3 officials on Interim Program involved with the Wetland Conservation Act of 1991. Attached is a letter from D'Wayne De Ziel, Executive Director of the MASWCD on the state-wide training sessions. (I-5) 6. REGIONAL TRANSIT BOARD ACTIVITIES -- Opt out communities have been encouraging the Regional Transit Board to consider a means by which we can secure: Attached is a memorandum from Len Simich, Senior Project Manager of the Regional Transit Board, which discusses the working capital and operating budget carry over funds for opt out programs. The staff is recommending that each opt out community could request at the beginning of the year, up to 15 percent of its annual contract amount. Eight percent of the fund would be directly advanced in cash to the opt out city. The remaining 7 percent would be available to opt out programs upon request and demonstrated need. This fund would replace the RTB's policy of cash advancement. It would allow those programs which pay their providers prior to receiving RTB funding, the financial wherewithal to continue this practice. In Plymouth, our contracts are written such that the city will not pay the provider until the city itself is reimbursed by the Regional Transit Board. This fund will nonetheless be beneficial for Plymouth in covering our administrative costs which at present are funded through city funds until we are reimbursed by.the Regional Transit Board. 2) Operating Fund Opt out community transportation programs may use up to 90 percent of the transit levy. If the actual cost of providing the transit program is less than 90 percent, remaining funds are retained by the Regional Transit Board and used to provide transit services to other communities. To provide opt out communities with the financial wherewithal to improve their transit operations, a budget carry over fund is proposed. The fund would be established in 1994. Any unspent 1993 funds from each community below the 90 percent level would be carried over and made available for use in the following year by that opt out program. The city would have to show a need for utilizing those funds to the Regional Transit Board. CITY COUNCIL INFORMATION January 24, 1992 Page 4 If the opt out program does not spend these funds the first year, the dollars would be carried over a second year, but transferred into a general opt .fund where.anv opt out program could apply for use the funds. in for out of Funds not spent for programs for the second year carry over would revert back to the RTB general fund. This would mean, to a community like Maple Grove, for example, who uses all of its 90 percent money, that there would be no carry over the first year, but the second they may apply for opt out funds which were previously unspent and carried over from other communities' programs. 3) Capital Eqmipment Replacement Fund Taxpayers in opt out communities pay twice for the capital used in their transit programs. They pay first through the metropolitan -wide levy to retire bonds issued for acquiring bus equipment. They pay a second time because current regulations require that bus providers must include the cost of equipment acquisition in their proposals. To remedy this inequity we have been working with the Regional Transit Board staff to find a means through which opt out communities might be able to either secure funds to acquire equipment themselves, use regional resources, i.e., MTC buses, or have the RTB acquire the buses and distribute them to opt out communities in proportion to the contribution that community makes. This is a very complex issue which has a number of ramifications. For that reason, it is likely to take some time to work out a solution acceptable to all parties. Because of the issue's importance, the Southwest Metro and Apple Valley transit representatives have engaged the services of a lobbyist who is working with legislators as a fail- safe to ensure that if the RTB can't resolve this matter in favor of the opt out communities, legislation would be introduced: 7. AMERICANS WITH DISABILITIES ACT -- Congress has adopted the Americans with Disabilities Act. The act is designed to eliminate discrimination which denies people with disabilities the opportunity to compete on an equal basis with others in the area of public services, transportation, and employment. The law has some major implications with respect to new and existing city buildings, public transportation facilities, and city employment practices. 4 wF CITY COUNCIL INFORMATION January 24, 1992 Page 5 Attached for Council information is an article which will be contained in an,,, upcoming League of Minnesota Cities magazine on this subject. The article addresses issue areas for the cities. We are in' the process of assembling a timeline to come into compliance with the act. (I-7) 8. PUBLIC SAFETY DEPARTMENT ANNUAL REPORT -- Attached with this info memo is the Public Safety Department's Annual Report for 1991. 9. MINUTES• a. Planning Commission, January 8, 1992. (I -9a) b. Suburban Rate Authority, January 15, 1992. (I -9b) 10. COUNCIL APPOINTMENTS -- A revised listing of City Council 1992 appointments is attached. Also attached is a new roster for the Park and Recreation Advisory Commission. (I-10) 11. PLYMOUTH EMPLOYEES -- I have received the following correspondence on Plymouth employees: a. Letter from Jerry and Sandy Kelley, 16140 46th Avenue North. (I-lla) b. Letter from Muriel Vant Heill. (I -11b) 12. CORRESPONDENCE: a. Letter to Commissioner Rodney Sando, Department of Natural Resources, from John Leahey, Jr., 5435 Sycamore Lane, regarding the Northwest Boulevard/Schmidt Lake Road Project. (I -12a) b. .Letter from David Shea, 14610 13th Avenue North, to City Manager, on the City's response to his inquiries on City policies relating to recycling. (I -12b) c. Memorandum from Dale Hahn regarding Councilmember Vasiliou's reimbursement to City for insurance premium payment. (I -12c) d. Letter from Paula Vennes to City Manager regarding repair of her mailbox. (I -12d) e. Letter from "Schmidt Lake Road" representatives to Councilmembers Tierney and Edson, regarding the Schmidt Lake Road alignment. (I -12e) CITY COUNCIL INFORMATION b=MORANDUM January 24, 1992 Page 6 f. Letter from Robert Rohlf, Hennepin County Library, providing excerpt from Hennepin County Library Board meeting of December 12, 1991, on the Plymouth library site. (I -12f) g. Letter sent to 165 Plymouth businesses from Mayor Bergman and Larry Dowell, President, TwinWest Chamber, announcing the opening of Opportunity Workshop in Plymouth. (I -12g) h. Letter and news releases sent to Plymouth Homeowner Association presidents on the February 10 Charter Commission Meeting and the Plymouth Fire and Ice Festival. (I -12h) i. Letter sent by Mayor Bergman in response to request by the Children's Wish Foundation. (I -12i) j. Letter from Kathy Weber, Plymouth Jaycees, to City Council on the group's activities. (I -12j) k. Memo sent to City employees on the status of the Public Safety Director selection process. (I -12k) 1. Note of appreciation from the Herbert Lefler family. (I-121) James G. Willis City Manager A G E N D A PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY ANNUAL MEETING January 30, 1992 at 6:30 p.m. I. Call to Order II. Approval of Minutes for January 9, 1992 Meeting III. Nomination and Election of Officers IV. Senior Housing Program - Interest Shown by Other Groups V. Year -End Status Reports A. Section 8 Rental Assistance Program B. Housing Rehabilitation Program C. Senior Citizen Housing Site D. Child Care Subsidy Program E. Scattered Site Homeownership Program VI. Other Business VII. Adjournment (hra/agenda.1-30:dh) FOR IMMEDIATE RELEASE January 17, 1992 FOR MORE INFORMATION: Mary Bisek, 550-5132 Plan to attend the fourth annual Plymouth Fire and Ice Festival on Sat., Feb. 1, 2 - dusk, at Parkers Lake Park, Co. Rd. 6 and Niagara Ln. Your family can enjoy a day of free family fun that will include hayrides, live music, dog sled demonstrations, winter miniature golf, skating races, ice sculpting demonstrations, hockey goal shooting contest, kite flying demonstration, ice fishing contest, celebrity guests, novice skating races, a bon fire and more. Fireworks will cap off the festivities at dusk. Festival goers can keep warm in the Parkers Lake Pavilion while they enjoy hot chocolate and other refreshments. "A new feature at this year's festival is that all children age 12 and under who enter the ice fishing contest will receive a prize, compliments of the Plymouth Rotary," said Recreation Superintendent Mary Bisek. Bisek estimates.that over 5,000 people turned out for the event last year. The Plymouth Parks and Recreation Department will conduct a food drive for area foodshelves during the Fire and Ice Festival. It will collect nonperishable food items such as canned foods, pastas, cereals, juices and other household essentials such as paper towels, toilet paper and toothpaste. Collected items will be donated to area foodshelves. The Plymouth Fire and Ice Festival is sponsored by the City of Plymouth, the Plymouth Civic League, 20 area businesses and area civic groups. More than 100 volunteers will work at the event. CIM JM 2-4, CMUNICIPAL LEGISLATIVE COMMISSION " January 16, 1992 Mr. Jim Willis, City Manager Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: 1A -Lk 1500 Northland Plaza 3800 West 80th Street Bloomington, Minnesota 55431 Telephone (612) 893-6650 Facsimile (612) 893-6755 On behalf of the Municipal Legislative Commission (MLC), we cordially invite you to join us, along with the legislators that represent your suburb, for the Eighth Annual MLC Legislative Dinner being held Wednesday, February 5, 1992, at the Decathlon Athletic Club in Bloomington. The social hour will begin at 6:30 p.m., followed by dinner at 7:30 p.m. The evening will be concluded with a short program addressing legislative issues of interest to the MLC. We look forward to seeing you at our annual legislative dinner. Please R.S.V.P. to Liz Fine at 893-6727 or 228-1929 by Friday, January 31, 1992. Sincerely, Neil Peterson Mayor, City of Bloomington Chair, Municipal Legislative Commission Robert G. Renner, Jr. Messerli & Kramer Lobbyist, Municipal Legislative Commission CIM A 24'92 Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, Woodbury M -y January 16, 1992 Representative Peggy Leppik 225 State Office Building St. Paul, MN 55155 Dear Representative Leppik: On behalf of the Municipal Legislative Commission (MLC), we cordially invite you to join us, along with the mayors, councilmembers, and city managers from all 13 MLC suburbs, for the Eighth Annual MLC Legislative Dinner being held Wednesday, February 5, 1992, at the Decathlon Athletic Club in Bloomington. The social hour will begin at 6:30 p.m., followed by dinner at 7:30 p.m. The . evening will be concluded with a short program addressing legislative issues of interest to the MLC. We look forward to seeing you at our annual legislative dinner. Please R.S.V.P. to Liz Fine at 893-6727 or 228-1929 by Friday, January 31, 1992. Sincerely,. kJ Neil Peterson Mayor, City of Bloomington Chair, Municipal Legislative Commission Reert Renner, Jr. Messerli & Kramer Lobbyist, Municipal Legislative Commission C1tA %'Z4'9?- Member Z4`92 Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, Woodbury MUNICIPAL 1500 Northland Plaza ML( LEGISLATIVE 3800 West 80th Street Bloomington, Minnesota 55431 COMMISSION Telephone (612) 893-6650 Facsimile (612) 893-6755 January 16, 1992 Representative Peggy Leppik 225 State Office Building St. Paul, MN 55155 Dear Representative Leppik: On behalf of the Municipal Legislative Commission (MLC), we cordially invite you to join us, along with the mayors, councilmembers, and city managers from all 13 MLC suburbs, for the Eighth Annual MLC Legislative Dinner being held Wednesday, February 5, 1992, at the Decathlon Athletic Club in Bloomington. The social hour will begin at 6:30 p.m., followed by dinner at 7:30 p.m. The . evening will be concluded with a short program addressing legislative issues of interest to the MLC. We look forward to seeing you at our annual legislative dinner. Please R.S.V.P. to Liz Fine at 893-6727 or 228-1929 by Friday, January 31, 1992. Sincerely,. kJ Neil Peterson Mayor, City of Bloomington Chair, Municipal Legislative Commission Reert Renner, Jr. Messerli & Kramer Lobbyist, Municipal Legislative Commission C1tA %'Z4'9?- Member Z4`92 Member Cities: Bloomington, Burnsville, Eagan, Eden Prairie, Edina, Maplewood, Minnetonka, Plymouth, Roseville, Shoreview, White Bear Lake, Woodbury m -s COUNCIL CALENDAR: 'JAN. 27 - FEB. 9 January -February 1992 January 27 MONDAY 6:30pm PLYMOUTH FORUM 7.00p -7:OOpm COUNCIL MEETING. j January 28 January 29 .�-.TUESDAY.:.: February 3 February 4 DNESDAYI February 5 11 6:30pm MLC Legislative Dinner - Decathlon Club January 30 THURSDAY.- February 6 6:30pm HRA January 31 --.FRIDAY - February 7 11 8:30am Seminars for Elected Officials - Airport Hilton M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 *Revised Meeting/Event **New Meeting/Event M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CIM jAN 2+'92 1/23/1992 M.. S71 - COUNCIL CALENDAR: FEBRUARY 10 - 23 _ February 1992 February 12 7:00pm PLANNING COMMISSION February 13 7:00pm PRAC February 14 February 19 � February 20 February 21 February M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 *Revised Meeting/Event **New Meeting/Event CIM jM 24'92 1/23/1992 marcn M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CIM jM 24'92 1/23/1992 • COUNCIL CALENI)AR: 'FEB. 247 1 February -March 1992 MARCH 8 February 24 MONDAY: j March 2 6:30pm PLYMOUTH FORUM FZT05m COUNCIL MEETING:.. 17:000m COUNCIL- MEETING-;":,'.'.-: k February 25 March 3 7.30pm PRECINCT CAUCUSES February 26 6:45pm PLANNING FORUM 7:00pm PLANNING COMMISSION � February 27 � February 28 February '29 w.j M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 29 *Revised Meeting/Event **New Meeting/Event NESDAY R A M T W• T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 41 March 51 March 61 Cim a% 24'92 1/23/1992 Q N AAcc z= V � ~ W UQ 0 z �T w Ww 3 W o U CC3 a l U) Un F - Q z O m } Q 0 z GO w v z aZ z C7 C7 z zz A; -o ¢ Q� mi ¢� >E �En o� aha" U w E BOO 12. ° o TUU p $U m > o E LO In u %n0 aO C%j U rZ OD r- T-- r- r- N� r N ulp N M TSS M x U � a. a x a a gCD oa O o M M N O) � r t-- N - `O w v z [� C7 C7 z zz A; o �¢H ¢ Q� mi ¢� >E E�+o aha" U w E BOO 12. ° o TUU p $U m > o E LO In u %n0 aO C%j U rZ OD r- T-- r- r- N� r N 10) - CDU@ V n N N N p W H C N N r 3 N r-- N I2 CM � N 0) f0 N I n N co CD CO N N aa) toarnN .03 ^� N U CO O - N CO N 01 W V) CD CO Ico T N N 19 CIM jM 2'92* G P. O 30 OO as z U w E n O ° o VU co r N N 10) - CDU@ V n N N N p W H C N N r 3 N r-- N I2 CM � N 0) f0 N I n N co CD CO N N aa) toarnN .03 ^� N U CO O - N CO N 01 W V) CD CO Ico T N N 19 CIM jM 2'92* G ulp a. a 10) - CDU@ V n N N N p W H C N N r 3 N r-- N I2 CM � N 0) f0 N I n N co CD CO N N aa) toarnN .03 ^� N U CO O - N CO N 01 W V) CD CO Ico T N N 19 CIM jM 2'92* G } Q D cc LL I* Ir IN IN Cl) ^.�-NpN LL N N +N- N 0 3 T N i -� C7 O N;3 N Of tD N N°C /c�7�{ T CO T Lo � lV co _ � a a $ N N .M- U Qz C Z � �o z z~ w 0 a aaa 3 a0 a0 a T- r N `O t- � WU) U o A Cl) OR r $ N OD Lf) V- t- r N z p z x N ].rE! ouMw } Q 0 ..........:...:...:..:::.. ....... Z N`'' .":``:.':7:'';'ii,>' :':`7 .`>>!:>'r'; '>'> : '>:'• :: :. ..';::`';::':: Cl) ^.�-NpN LL N N +N- N 0 3 T N i -� C7 O N;3 N Of tD N V/ /c�7�{ T CO T Lo � lV CO IT N LL N r N CO N O to N 0 0 3 " CO Lo R3 rl Np N cc coN N 1D N O) 2 T CV M N 78 GM 1 CO Ir IN IN } a: 2 W LO U a r N Ch NOfcTNNM z CO N N N z z U } ' o �o a ¢55 O r N ¢� Z � O 80 z •:. 4O8O .:Q p � N F+ri 00 (7 0u Cl) w O r n. W D EWLU j o 90z V ~ cenaU °'0 S� Mw g d- CO Ir IN IN } a: 2 W LO U a r N Ch NOfcTNNM z CO N N N z z U } ' o �o a ¢55 w Zcl r N ¢� Z � O 80 z •:. 4O8O .:Q p � N F+ri 00 (7 0u Cl) w O r n. W D EWLU j o 90z V ~ cenaU °'0 Cf) pgN r r N Ch NOfcTNNM CL CO N N N Q tn04 04rn� ' n - Np N tD r N N N r N Z � O O z •:. .:Q ..'Q 00 (7 0u r n. W a 442 a, n, W S� Mw g d- g CO Ch p cN-s N M N 0 v V N L=- t0 0 .^- N NOfcTNNM CL CO N N N Q tn04 04rn� ' n - Np N tD r N N N r N TLL TN t0 N N co �3 tn04 04rn� ' v�r O N r N N O t0 N f CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 •M DATE: January 21, 1992 TO: James G. Willis, City Manager FROM: Frank Boyles, Assistant City Manager SUBJECT: REPORT ON USE OF LEAD RATHER THAN STEEL SHOT BY PLYMOUTH GUN CLUB On December 16, 1991 the City Council approved the trap and shooting range license for the Plymouth Gun Club. One of the neighbors present was concerned about the potential hazard which lead shot may present now or in the future. The staff was directed to investigate this issue and report back. I have talked with representatives of the Minnesota Department of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA), Environmental Quality Board (EQB), and Minnesota Health Department. According to Con Christenson of the DNR Ecological Services Section (297-2565), lead shot does not present a problem to waterfowl unless they ingest it. Since there is no wetland in the immediate vicinity of the gun club. There is no hazard. I spoke to representatives at the MPCA Groundwater and Solid Waste Division (296-7777). From their perspective, this is not an issue and they had no comment. The representative of the MPCA Hazardous Waste Division (297- 8370), attorney Placida Venegs, stated that their major concern is the exposure of children to lead. Standards have been established by the Federal Environmental Protection Agency for residential properties and playgrounds. She stated that the agency would be concerned if the concentration of lead on,the gun club property exceeds 300 parts per million and the property is regularly used by children as a playground area. The same concern would occur if the standard were exceeded on adjacent residential property due to "overspray" of the pellets during target shooting. CIM ,JAN 2+'92 REPORT ON USE OF LEAD RATHER THAN STEEL SHOT BY PLYMOUTH GUN CLUB January 21, 1992 Page 2 According to Placida Venges with the MPCA, a complaint by a neighbor that a child is exposed to excessive lead exposures on the gun club site would result in Health Department testing of the child. If the exposure is above the 300 parts per million level, the local Board of Health would check the soil for the level of concentration. This is something difficult since the level of contamination can vary over the site based upon the pattern of shooting. If the .concentration exceeds the maximum, then orders would be written for the clean up of the site. The Gun Club, itself, could initiate a check of the site by requesting an environmental check. Either the Department of Health or the University would perform the testing. She stated that perhaps the greatest concern from the property owner's perspective is that it is likely that the gun club or subsequent owner of the land would have to disclose to any buyer the fact that lead shot exists in the gun club soil. David Gray of the Health Department (627-5059) states that he does not see a direct hazard to humans so long as this area is not converted to a playground. He reaffirmed that the major concern is an exposure to children. If the land were used as a playground, then the lead could become airborne and present a hazard. To reduce any hazard he suggested that the soil be scrapped off,and the lead shot disposed of. A copy of this memo will be shared with Plymouth Gun Club and neighborhood representatives, and placed in the assessing file for this property. FB:kec cc: Mayor & City Council Ray Swanson, President, Plymouth Gun Club Bruce Gelman 8-118-22-22-0002 Con Christenson Ecological Services 500 Lafayette St. Paul, MN 55155-4025 11 3 ciM JAS 24'92 • wo'L43 1/26/91 rret CHAPTER 4760 POLLUTION CONTROL AGENCY b LEAD ABATEMENT IN SOIL 4760.0010 APPLICABILITZ. 4760.0015 DEFINITIONS. 4760.0020 BARE SOIL STANDARD. 4760.0030 ABATEMENT METHODS FOR BARE SOIL. 4760.0035 DISPOSAL OF WASTE MATERIALS FROM -ABATEMENT PROJECTS. 4760.0040 ABATEMENT CONTRACTOR DUTIES. 4760.0045 LOCAL ENFORCEMENT. 4760.0050 VARIANCE. )I=t These rules Were originally numbered as parts 4750.0010 to 4750.00501 see the notice of adoption at 15 State Register, page 1847. That chapter already contained rules that were unrelated, therefore these rules are being renumbered editorially as parts 4760.0010 to 4760.0050. 4760.0010 APPLICABILITY. Parts 4760.0010 to 4760.0050 apply to any person who is performing abatement of lead in bare soil on residential property and playgrounds. STAT AUTH: MS s 116.07;.116.53; 144.878 HIST: 15 SR 1847 4760.0015 DEFINITIONS. Subpart 1. Scope. For purposes of parts 4760.0010 to 4760.0054, the following terms have the meanings given them. Subc. 2. Abatement contractor. "Abatement contractor" has the meaning given in Minnesota Statutes, section 144.871, subdivision 3. Subp. 3. Agency. "Agency" means the Minnesota Pollution Control Agency. Subu. 4. Bare soil. "Bare soil" means an outdoor area where soil is visible over a continuous area of one square foot or more. Subp. S. Commissioner. "Commissioner" means the commissioner of the Minnesota Pollution Control Agency. Subc. 6. Hazardous waste. "Hazardous waste" has the meaning given it in Minnesota Statutes, section 115B.02, suAdivision 9. Subp. 7. Person. "Person" has the meaning given in Minnesota Statutes, section 116.06, subdivision 8. Subp. 8. Playground. "Playground" means an open area, including vacant lots, used fgr outdoor games, recreation, and amusement that may contain swings, seesaws, slides, or other means for children's recreation and play. Subp. 9. Residential property. "Residential property' means real property that contains a.house, building, or other structure used or intended for use as human habitation. The F; CIM JAN 24'92 1/26/91 rret term residential property includes all open areas on the real property that may be used by children as playgrounds and includes sidewalks, walkways, gardens, and driveways. STAT ARTS: MS s 116.07; 116.53; 144.878 HIST: 15 SR 1847 4760.0020 BARE SOIL STANDARD. '/ Bare soil on residential property or on playgrounds must not contain lead in a concentration of 3/100 of one percent (3 00 parts per -million) or more by weight. STAT ADTH: MS s 116.07; 116.53; 144.878 HIST: 15 SR 1847 4760.0030 ABATEMENT METHODS FOR BARE SOIL- ' Subpart 1. Applicability. The abatement methods prescribed in this part apply to any person conducting abatement of bare soil that 'has been determined to exceed the bare soil standard established in part 4760.0020. Subp. 2. Abatement methods. Except as provided in subpart 4, item A, a person who is performing abatement of bare soil may elect either to dover the bare soil to prevent exposure or to remove the soil. Depending on which alternative is selected, the person shall comply with the requirements applicable to the alternative se Subp. 3. '�Soii cove . Any person performing abatement of bare soil ByY—covering the soil shall comply with the requirements in items A to C. A. Living ground cover. If the person intends to cover the bare soil with sad or other living material, the person shall first till and rake the soil before laying the sod or other living material. B. Impervious cover. If the person 'intends to cover the bare soil with concrete, asphalt, or other similar material, the person shall compact the soil prior to laying the concrete, asphalt, or other similar material. C. Other cover material. If the person intends to cover the bare soil with sand, wood chips, or other nonliving, pervious material reparation to the bare soil is required prior to ap tion of he .sand, wood chips, or other material. l�� Subp. 4. it remo . A. Any person performing abatement of bare soil must remove the soil'if the soil contains visible paint chips. B. Any person performing abatement of bare soil by removing the soil shall either remove the soil from the premises and dispose of it in accordance with part 4760.0035 or bury the soil on the property under clean soil that has.been excavated from the premises. In the event the commissioner determines that burial of the bare soil on the premises would threaten the groundwater or cause other environmental damage, the bare soil must be removed from the premises and disposed of in accordance 2 CIM JAN 2 4'92 '. i 1/26/91 rret with part 4760.0035. mentation. A person who is Subp. S. Abatement imple performing abatement of bare soil, regardless of the method selected or required, shall comply with items A to D. A. Children must be prohibited from playing or otherwise coming in contact with the,soil being disrupted during abatement. B. Soil that is removed must be properly stored or .disposed of at the end of each work day. C. Soil on steps and walkways must be removed and .steps, walkways, and foundations must be hosed off with water at the end of each work day and -before replacing soil or new sod' each day. D. During installation of the soil cover, the person performing the abatement must keep the soil moist. Subp. 6.- Abatement priority. If abatement of bare soil -is done at a residential property or a playground in conjunction with other types of lead abatement, the abatement of the bare soil must be done after paint abatement; but before interior dust abatement. Subp. 7. Abatement area. In the event data establish that only a portion of the bare soil on a residential -property or playground exceeds the badto abatehebaresoil thatexceeds esoil atrhpng abatement is only require the standard. Subp. S. Variance. Any alternative abatement procedures to subpart 3 or 4 shall be proposed in a variance request as val before described in part 4760.0050 and must have agency app the alternative abatement procedure can be performed. CTAT RUTH: MS s 116.07; 116.53; 144.878 HIST: 15 SR 1847 I 4760.0035 DISPOSAL OF WASTE MATfItMS FROM ABATES pROJECPS. Subpart 1. Demolition debris. Demolition debris, such as windows, doors, walls, and concrete, created from an abatement project may be disposed of in a demolition landfill. Subp. 2. Bare soil. Unless the commissioner determines that bare soil must be managed as a hazardous waste, the person performing the abatement may dispose of bare -sail as normal household refuse. � Subp. 3. Other waste material. All other waste materials generated during abatement of lead contaminated material shall be disposed of according to applicable agency requirements. STAT AUTH: MS s 116.07; 116.53;.144.878. HIST: 15 SR 1847 4760.0040 ABATEMENT CONTRACTOR DUTIES - if a person hires an abatement contractor to conduct the abatement, the abatement contractor shall comply with the requirements of parts 4760.0030 and 4760.0035. K =:3 CIM JAN 2 4'92 1/26/91 rret STAT ARTS: MS s 116.07; 116.53; 1.44.878 , 8'IST: 15 SR 1847 4760.0045 LOCAL ENFORCEMENT. Nothing in parts 4760.0010 to 4760.0050 shall be construed to restrict:the authority of any local governmental body.from enforcing applicable laws regulating the amount of lead in naterial. STAT AUTS: MS s 116.07; 116.53; 144.878 31ST: 15 SR 1847 5760.0050 VARIANCE. Subpart 1. Procedures. A person performing abatement of )are soil may apply for a variance from.the requirements of part 1760.0030, subpart 3 or 4, to allow for use of innovative abatement methods. The person shall comply with part 7000.0700 .n applying for the variance and the agency shall act upon the ' ?ariance request according to the procedures of part 7000.0700. Subp. 2. Burden of proof. The person -who applies for a ,ariance has the burden of establishing that the variance should je granted. _ Subp. 3. Granting of the variance request. The agency ;hall grant the variance request if the person establishes that :he innovative abatement method will ensure that upon completion if the abatement, no person'will come in contact with bare soil .hat exceeds the bare soil standard in part 4760.0020. CTAT AUM: MS s 116.07; 116.53; 144.878 QST: 15 SR 1847 2 4 CIM JAN 2 4'92 PLYMOUTH GUN CLUB AND NEIGHBORING RESIDENTS Myron Kuklok, Neighbor 5205 Dunkirk Lane Plymouth, MN 55446 Bruce Gelman, Neighbor 5305 Dunkirk Lane Plymouth, MN 55446 (W) 588-4436 (H) 550-9453 Janice Paul, Neighbor 5350 Dunkirk Lane Plymouth, MN 55446 Brad Hoffman, Neighbor 5225 Dunkirk Lane Plymouth, MN 55446 Kent Severson, Neighbor 5555 Dunkirk Lane Plymouth, MN 55446 Harold Gustafson, Gun Club 6223 Orleans Lane N. Maple Grove, MN. 55369 John Fontana, Gun Club 830 Windemere Drive N. Plymouth, MN 55441 Raymond Swanson, Gun Club President 3225 Carriage Drive Medina, MN 55340 Wilfred M. Adams•, Gun Club 4110 Revere Lane N. Plymouth, MN 55441 Glen Joly, Gun Club 4417 Decatur Avenue N. New Hope, MN 55428 533-9352 1/17/92 am JAN 2 4'92 REGIONAL TRANSIT BOARD Mears Park Centre 230 East Fifth Street, St. Paul, Minnesota 55101 612/292-8789 DATE: January 7, 1992 TO: Frank Boyles, Plymouth Transit FROM: Sherry Munyon, Deputy Chair -:j:L4 ;�\�,.�.• - .. ••moi. 1 JANIli ' --' J QrFLYi�iJJi•, j SUBJECT: Omnibus Transit Bill Outline Passed by the Legislative Committee Adopted by the Regional Transit Board on January 6, 1992 Attached -is -a -copy of the Omnibus Transit Bill Outline. This proposal was passed by thd-' Regional Transit Board's Legislative Committee, chaired by Tom Workman and adopted by the Regional Transit Board on January 6, 1992. I greatly appreciate your input and involvement in our legislative drafting process and am pleased to have this opportunity to thank you for your assistance. We will now draft this outline into bill form and obtain authors. I would appreciate the opportunity to present our legislative package to Plymouth Transit and solicit your support for this proposal. Please give me a call at 229-2706 to schedule a presentation or I will contact you to schedule a date and time. I look forward to visiting with you in the near future. cc: Michael J. Ehrlichmann, Chair Regional Transit Board Tom Workman, Regional Transit Board member Mike Robertson, Larkin, Hoffman, Daly & Lindgren Tom Weaver, Metropolitan Transit Commission Dave Bieging, Dorsey & Whitney CiM A 2 4'92 t REGIONAL TWNSIT B04RQ 1992 LEGISLATIVE INITIATIVES CIM ,JAN 2 4'92 =11 I-M_6k REGIONAL TRANSIT BOARD Mears Park Centre 230 East 'Fifth Street, St. Paul, Minnesota 55101 612/292-8789 DATE: January 7, 1992 REVISED TO: Tom Workman, Chair Legislative Committee Doris Caranicas, Vice Chair Legislative Committee Regional Transit Board Members FROM: Sherry Munyon, Deputy Chair SUBJECT: Omnibus Transit Bill Outline Passed by the Legislative Committee and Adopted by the Regional Transit Board on January 6, 1992 BILL TITLE: Metropolitan Traffic Congestion Reduction Act POLICY. The Regional Transit Board finds that increasing motor vehicle traffic is aggravating traffic congestion in the metropolitan area. This traffic congestion imposes significant costs on businesses, governmental agencies, and individuals in terms of lost working hours and delays in the delivery of goods and services. Traffic congestion worsens automobile - related air pollution, increases the consumption of fuel and degrades the habitability of cities and suburban areas. Decreasing the demand for vehicle trips is a cost-effective way to reduce traffic congestion and its Impacts on transportation facilities and energy consumption and the environment. PURPOSE: Reduce single occupant vehicle commuting by employees to work sites in metropolitan area. Affected employers have 100 or more employees in any work location within a commuter trip reduction zone (a geographic area designated by the board which is considered a highly congested area) during' peak periods. Alternative means of commuting means travel between a person's residence and place of employment or termini near those places, other than a motor vehicle occupied by one person. Alternative means of commuting include, but are not limited to, public transportation, car pools, van pools, bus pools, bicycling, telecommuting, and walking, which may be used in conjunction with such strategies as flextime, staggered work hours, compressed work weeks, and like measures. Page 2 COMMUTER TRIP REDUCTION PROGRAM: The Regional Transit Board shall establish a commuter trip reduction program to reduce the demand for travel on the metropolitan highway system by reducing the number of trips and mileage traveled by vehicles on that system. In developing and implementing the program the board must consult with the Department of Transportation, the Metropolitan Council, the Metropolitan Transit Commission and local units of government in the, metropolitan area. By July 1, 1993, the board shall designate commuter trip reduction zones within the metropolitan area. In establishing the zones, the board shall consider the congestion studies, employment density, population density, level of transit service, parking availability, access to high occupancy vehicles and other factors that are determined to effect the level of single occupant vehicle commuting. The board shall determine the average vehicle occupancy level in the designated zones and set an average vehicle occupancy rate to be achieved In the zones. The board shall prepare a notice and registration form to be mailed annually to employers with work sites in commuter trip reduction zones. Within 180 days of receipt of the survey form, an affected employer shall prepare and submit to the board a commuter trip reduction plan which conforms to guidelines issued by the board. The board shall review and evaluate each plan for completeness and consistency with the Metropolitan Traffic Congestion Reduction Act and guidelines issued by the board. Establish a commuter trip reduction advisory council which shall consist of the following members: the Commissioner of Transportation, the Chair of the Metropolitan Council, the Chair of the Metropolitan Transit Commission, the Commissioner of the Pollution Control Agency, the Commissioner of Public Safety, the Commissioner of Trade and Economic Development, and the Commissioner of Administration or their designees, and six representatives of business industry and labor appointed by the Governor. The Chair of the council shall be selected by the members. It is the duty of the council to provide advice and make recommendations to the board concerning the commuter trip reduction program established under this act. The board shall submit preliminary drafts of the strategy and guidelines for implementation of this act to the council for review and comment. The board, in cooperation with the Department of Transportation, Metropolitan Council, and Metropolitan Transit Commission shall develop a comprehensive public education program on the benefits of reducing the number of single occupancy commuter trips. 2,1-:92 n- Page 3 TAX INCENTIVES: M.S.. 290.01 shall be amended to encourage participation in the Metropolitan Traffic Congestion Reduction Act: 1) Employee Exclusion. For the employee, an exclusion from gross Income of the value of commuter transportation benefits provided by the employer to an amount not to exceed $60.00 per month. Transportation benefits include the purchase of transit passes or the cost of transportation by commuter vehicle. 2). Employer Deduction. For the employer, a tax deduction as a business expense for the cost of providing commuter transportation benefits to employees. 3). Employer Credit. For the employer, a tax credit in an amount equal to 10% of the amount spent or reimbursed to employees for commuter transportation benefits, but not to exceed $60.00 multiplied by the number of employees participating in the program. ENERGY CONSERVATION AND ALLOCATION PLAN: M.S. 216C.15 shall broaden criteria for allocation of fuels to priority users to include public transit operations under contract with the Department of Transportation or the Regional Transit Board. SAFETY AND COMPLIANCE ISSUES: 1). Establish a two year demonstration project for high occupancy vehicle lane enforcement. Traditional enforcement is not an efficient use of Department of Safety Resources and adds to peak hour congestion problems. The Department of Transportation, Department of Public Safety shall conduct a joint demonstration project utilizing electronic technology to detect vehicle violations. There will be a three month transition period during which owners of non -complying vehicles will be issued warnings. Thereafter, citations will be issued and fines assessed. Report to legislature 1/1/94. 2). Increase penalty for interfering with public transit operations from misdemeanor to felony (when threat of bodily harm exists). 3). This proposal prohibits right turns in front of buses stopped at Intersections which are loading or unloading passengers. 4). Transit signage with handicapped accessible logo will become a regulatory sign and parking in these zones becomes a traffic offense subject to ticketing and towing. CIM JAIL' 2 4'g? . F,a Page 4 FUNDING ISSUES: ' A 1). LRT Construction Bond Proposal is being finalized. The Regional Transit Board will seek authority to use debt service levy in the amount of $320 million for Central Corridor construction. 2). MTC fleet replacement and Vision for Transit Hub Construction Bond Proposal is being finalized. It is anticipated that the Regional Transit Board will seek authority to use debt service levy in the amount of $110. million over five years. ZL� 3). Metro Mobility Supplemental Request has been submitted to the Department of Finance in the amount of $5,150,000 dollars. This deficit total was determined as follows: a). $1,500,000 in F.Y. 1992 and F.Y. 1993, due to an equivalent loss of passenger revenue outside the RTB's control; b). $3,300,000 to cover the shortfall carried over Into the current biennium from F.Y. 1991; c). $250,000 for recertification of 20,000 current riders using new functional assessment criteria; d). $100,000 for consulting services to implement the coordination phase of the consolidation of Metro Mobility and Medical Assistance transportation services. 4). At the same time as our request for a supplemental budget appropriation for the Metro Mobility program we are directed by the Finance Department to absorb a $2.9 million appropriation cut in F.Y. 1993. During the last three years, the Regional Transit Board has had appropriation reductions and HACA cuts which have resulted In loss of services. A dedicated source of transit funding is necessary to provide for consistent transit service delivery and an increase in ridership. Recommendation is to seek a ballot initiative to create a constitutional amendment dedicating a source of funds for transit. Motor Vehicle Excise Tax appears to have the greatest potential for success and is supported by the Minnesota Transportation Alliance which made a presentation at our last meeting. The ballot question will read: "Shall the Motor Vehicle Excise Tax be constitutionally dedicated to create a new fund for transportation purposes with not less than 25% for transit operations." A gradual transfer is proposed beginning in 1993. There would be two accounts, a transit account for operating expenses only, and a services account for construction (can include: highways, bridges, LRT). Page 5 M -A The transfer schedule will be as follows: '93 1 cent $42 million 94-95 2.5 cents $105 million 96-97 4.5 cents $191.1 million 98 & subsequent 6.5 cents $273.6 million This proposal allows for unity in seeking a dedicated revenue source between all transit and transportation organizations. However, the Regional Transit Board will be open to any proposal for a dedicated revenue source for transit operations, including an increase in the gas tax. GIM uv".." 2 `* '52, . ArT in - L4 n_L4 z C January 15, 1991 Dear Friends of Conservation: The Minnesota Association of Soil and Water Conservation Districts (MASWCD) through the state legislature received a grant of $100,000 for the 1992 fiscal year. The purpose of the grant is for education and training of local government officials about the Minnesota Wetland Conservation Act. I hope that you can find the time to help us.,Training will be done on the local level; unfortunately, I am limited on the number of persons to be trained. My goal is to have one SWCD Supervisor and employee, one County Commissioner, employee and auditor, one Watershed manager and employee, member of Watershed Management Organization, all Legislators, Mayor, Councilmember, Sheriff, a DNR Conservation Officer, and other administrating LGUs to attend per county. Ideally, the person(s) appointed must be capable of accepting responsibility of wetlands throughout the interim process and proficient in communicating the new information. Please circulate this information within your office. Since we have to limit the number of attendees, the registration brochure must go to the appropriate person(s) that would meet the above criteria! Enclosed is the registration brochure with a list of the 25 meeting sights. I have room for 200 people per meeting, therefore, if a registration form arrives late and the meeting is full, we will contact that person and ask him\her to choose a different meeting sight. The meetings will go from 9:00 a.m. - 3:00 p.m. and lunch will be provided. Further information may be provided if necessary. Thank you for your cooperation; if you have any questions please call the office at 649-1440. Sincerely, W D'Waynea ieI'r Executiz Director CIM A2 4'92 Minnesota Association of Soil and Water Conservation Districts 1884 Como Avenue • Suite 25 • St. Paul, Minnesota 55108 • 612-649-1440 • Fax: 612-645-7518 Minnesota Board of Water and Soil Resources 155 S. Wabasha. Suite 104 • St. Paul, Minnesota 55107 9 612-296-3767 • Fax: 612-297-5615 .0s bi� a: ° C8 V cc E AES ca Sol •G i *mm °vO N $0 p rod ca � Hc� t m€�E8�gQQ�� o c:Em z NUG ��c�.flo C 5` ca caCo a vos Cm Z o C CD -So me �cm t� m *+ � C�b� � c.� aS�i.E y- � �o3��Eo,2c� O 'cticmoCC°,ccm y E�oSE3m�3a�� C _� O ? IV �� 0U C C. mGQQGp E�LNQ;Gi (1) o 00 c3� mE ss ccv:e Ea? 8%:s Ft W.@ 8 3: W � :2 = 4R. ). 9, c°E mmECL CO -0 2 3� mcmN_ ecce m >,m c *' c � m ti � �' Q> Q.O5 �«?>. yE, r"S� off - we co-nmi Uo ccaac� Lo.00 'OCC EGG G°0O�zi'§e240 y'� I �'� w IV Etom m E cy Cm2- Y y—CN C=M $e.gg�Nea�c 0 E odm 'cmol? `mr "N�;EN�'err oS c � 20,2 o zN o c ca 0 Rwo 13 C=O oo oA O' O 0 � L O w N N sc cc ■� — *+ cc > LflC C��jcaOca cc • .19 0 �•— v ca 3 �'. a � r.3 .� c =a caE a •� E m c,� �E y to c o .� m� ,CC�'Nm`g' 8° $ O ��G '� 'a •� >•'y ca ca E m �`' E v ca o n .0 �_ $ �omELmmEZQ'� a;�°'rac � G ° so.. E'm me�mm c10LO(DE;v� Lo Ln W i.s1 L LAJ cnZO� , Za _'. 4if"Y,nrai I , 0 N �. pas PCs 11 � tfu r Q >a a r wc 3 L r r E d rirri=N r @ �Nj' 0 NNN Cl)Ip A r r rA N L: U! 2 3 oU" as co C h cc Ecc EM c m ? OmFPP O caWLL � LL C .E= °- Gu'S�Nv°.—°cit Vi ;—+,� L a log zt) E -0 AD z 01 21 92 15:07 DATE: TO: FROM: SUBJECT: SUMMARY FAX 612 229 2739 REGIfiNAL TRANSIT REGIONAL TRANSIT BOARD Mears Park Centro 230 East Fifth Street, St. Paul, Minnesota 55101 612/292-8789 January 16,1992 Chair and Members of the Policy Committee Len Simich, Senior Project Manager Michael Opatz, Transit Analyst Working Capital and Budget Carryover Funds for Opt -out Programs This memorandum presents a staff recommendation to establish: 1) a Restricted Working Capitol Fund equal to 15 percent of the annual contract amount, and 2) a Budget Carryover Fund consisting of the unspent funds under the annual 90 percent property tax levy for Replacement (Opt -out) programs. DISCUSSION In recent months, RTB and the opt -out program staff have been mutually working to resolve issues related to the establishment of a working capital fund and budget carryover fund. At the December 1991, Policy Committee meeting, staff presented a conceptual model of a working capital fund and budget carryover fund for the opt -out programs. Since that time, many of the administrative details regarding these two funds have been researched and analyzed. In addition, opt -out program staff is Supportive of the administrative manner in which the two funds ore proposed to be Implemented. Restricted Working Capitol Fund The purpose of the Restricted Working Capital Fund would be to ensure that the opt -out programs have sufficient cash on hand to pay current liabilities, as well as ensure operational integrity, service continuity and fiscal stability. The RTB would establish a woMng capital fund for each opt -out program equal to 15 percent of their annual contract amount. Eight percent of the fund would be directly advanced in cash to the opt -out programs. The remaining seven percent would be retained by the RTB, yet available to the opt -out programs, upon request, if it is demonstrated that additional funding is required to keep the program financially viable. This fund would replace the cash advancement policy used in prior years, and, if not spent, would rollover at the end of each year. For those opt -out programs, whose expenditures are at or near the annual 90 percent of the available property tax and need to spend a portion or all of the eight percent working capital fund at the end of the year, the fund will be re-established at the beginning of the next year using the new annual contract amount. CIM JAN 2 4'92 01 21.92 15:03 FAX 612 229 2739 REGIONAL TRANSIT la l)(13 =o Policy Committee JariuW 16,1942 Page 2 If approved, the Restricted Working Capital fund would be established as soon as possible based on the 1992 contract. The objective of this fund is to maintain on a monthly basis, the eight percent cash balance. As a result, the opt -out programs will account for the eight percent cash on their monthly operation reports based on their monthly expenditures and revenues. The monthly reimbursement to the opt -out programs will be adjusted accordingly to maintain the eight percent cash balance. Under this arrangement, total annual payments would be within the 90 percent of the local available property tax for the jurisdiction served by the individual opt -out programs. The 15 percent Restricted Working Capital Fund would be recalculated annually based upon tlie new contract amount. The working capital fund does not allow opt -out programs to exceed their annual contract amount for program expenditures or fund future service initiatives. If a budget amendment is required, the standard amendment process would be followed with the working capital fund adjusted to reflect the amended contract amount. Budget Carryover Fund The opt -out programs have also requested the establishment of a Budget Carryover Fund that utilizes the unspent portion of the annual 90 percent of available property tax The purpose of this fund is to provide opt -out programs the opportunity to use the unspent funds to plan and demonstrate new service initiatives, and/or to fund services needed based on the growth of the transit system. In addition, this fund creates an incentive for opt -out programs to save funds, as well as provides to those opt -out programs who are currently at the 90 percent of available property tax, the opportunity forfuture growth. Due to the manner funds are programmed by the RTB. this fund would be established in 1994 using dollars saved in 1993. Under this arrangement, any unspent funds below the 90 percent of available property tax in a given year for a Individual opt -out program would be carried over and made available for use in the following year by that program. The budget carryover fund would be retained on RTB financial records. The program may access those funds if a need is demonstrated. If the opt -out program does not spend or program the first-year carryover, the dollars would carryover for a second year into a general opt -out fund where any opt -out program may apply for use of those funds. Those funds not spent or programmed from the second -year carryover would revert back to the RTB general fund. In the event that more than one opt -out program requests use of the second -year funds, the RTB will make a determination on the allocation of those funds based upon the most critical need. Opt -out programs that annually spend the 90 percent of available property tax will not have any budget carryover to access the first year. However, in the second year, these programs may apply for the unspent carryover generated by the other programs In the first year. CIM JAN 2 4'92 (11 .'21.,92 15:(18 FAX 612 229 2739 REGIONAL TRANSIT 16 (104 Policy Committee Jarxxry 16,1992 Page 3 Southwest Metro Transit staff has requested that the amount of interest earned on the Budget Carryover Fund be calculated and allocated to this fund. Due to the manner in which the RTB and other government agencies account for funding due, but not yet received, it is recommended that Interest on these funds not be calculated or added to the Carryover Fund. For example, during several months of the year, the RTB reimburses the opt -out monthly request for funds out of its general fund. This is due to property tax appropriations being sent to the RTB twice annually; June and December. In this situation. the RTB does not charge the opt -out programs interest on these general funds used to reimburse them. Further, the RTB is not entitled to any interest from the State Department of Finance. To save on administrative time and effort, these types of interest debits and credits are not calculated, because they would likely balance out. RECOMMENDATION That the Regional Transit Board authorize the executive director to establish a Restricted Working Capital Fund and Budget Carryover Fund for the Replacement COpt- out) programs as described in this memorandum. rA ip CIM; JAS 2,4'92 I Magazine Area -- File name "ADA2" THE AMERICANS WITH DISABILITIES ACT AND MINNESOTA CITIES By Ellen Longfellow, Theresia Perry, Jeannette Bach MINNESOTA LAW AND THE FEDERAL ADA Congress enacted the Americans with Disabilities Act (called ADA or the Act in this article) to provide a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities. Congress found such discrimination denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. minnesora iaw already contains the same basic requirements Por nondiscrimination in publicservices, transportation and emplor}M that the prescribes na ionally The ADA has a few different requirements from Minnesota law and adds some des- nigai dures. ey are outlined below and discussed further in the text: asonable AccommAccommodation Minnesota law prohibits discrimination in employment and requires those with 50 or more employees to make "reasonable accommodations" for disabled workers. The ADA requires all cities, regardless of number of employees, to make a "reasonable accommodation". Q Eva lua Under the ADA all cities, regardless of ai7A must Pu;;i„at their_ current po.lici.�es._a.ndi_nrac-i-irPa ander P rn_rrPc-tiA _yrherQ -they-ar-a.-inconsistent-wi:•th-.the---Iaw-. Cities with__5_0__nr__morp_ _employees must maintain a written evaluation and make it available for:;public_ nspecti on_for__tre�y_ears. U Transition Plan �f anv ctrsctural chanae With 50 or more Pmn=ee� for achieving compliance. R es are required, cities ce Procedures Cities with 50 or more employees must es agnate at least one employee to be respon a or DA compliance and must also a op an ^pu g uanc� ,procedures t,Q_za,s� '9mal'l.er cities must still ensure all employees comply with the Act though they.are excused from this technical requirement in an to minimize paperwork burdens for small employers. Notice You must tell applicants, and people who participate or benefit from our and nrotec�tions under thP�gQ� s The met ods you choose to communicate the information must be -as -effective for disabled as it is for others. Many Minnesota cities are already familiar with the technical procedures of ADA because they were required of all cities that CIM JAS 2 4'92 -�i' •� .'iii i' C�IJ r• r• :: T .-F, T.7 �_iF•Iii i=.i:i-T.-- T{': �3J. =•3T J T _, 1•.11:.1 Jj� ��'��iH�� received federal revenue sharing funds under Section 504 of the Rehabilitation Act of 1973. The ADA regulations are based on the same requirements with some additions to make it consistent with the rest of the ADA. If your city has analyzed its programs under the revenue sharing requirements you must only evaluate services and programs not formerly included. You may, however, need to re-examine programs, services and policies that have not been fully implemented, may no longer be effective, or which otherwise need updating. The Act is divided into Titles that cover many aspects of public life. Title II, "Public services", applies to local governments. You may also hear about requirements for "Public Accommodations", but this applies only to private entities such as movie theaters, hotels, and shops, among many others. Public Services covers thY main areas: Vu,ic serviceg in general, transnortation. and_ employment. PUBLIC SERVICES Simply stated, the ADA says no qualified individual with a disability shall bemm partic1pation in or be denied the benefits o the city'ssPrv�.rAa,_._progr-ams_ or activities, or be Subject o_discrimination, if based`Qn- thg _pgrson's d sabili'ty: What is Discrimination? Integrating disabled individuals into all aspects of public life is a fundamental purpose of the ADA. What will constitute discrimination then is far-reaching. For example, separate_ _ pZ Ograms can! t be used to _rtr JX-t--pax-ti.-ai.pAtion—Qf--tlled tg-apled_Min genera ntegrated_activitas. In choosing construction sites for tp-f-aci lities...the_.council may .nqt. select_ a locatjon that Pias the etect of excluding individuals with disabilities._ The city _ ma'y_ riot-pTce a surchare._on disabled individuals or _groups to_p_a� for the cost of auXi]fary...aids__ne�ded�to_ rQ.y,ide nondiscrim�batory treatme�% You may not discriminate against someone because they have a relationship or association with a disabled person. That means, for instance, the city could not refuse to allow a theater group to use the community auditorium on the grounds the company had recently performed.for an audience of individuals with HIV disease. Program and Facility Accessibility Every city program and service, when viewed in its entirety, must be accessible _except where to do so would_rasult~in�a}ln�ifi��_t� `a aeration in the nature_ o� the'rogram or in undue financial 1 and 'aMiCfn_istrativa burdens:+ " The decision tYif­ 6omplLaDge would create -such burdexisbst-b =^a^ �*r^ ^^•^^� i ,ter a designated department head and Must A hased gj2_a written statement of reasons for that conclusion. Meeting accessibility requirements is not always expensive. The law does not necessarily require the city to make each of its existing facilities usable by individuals with disabilities where =7 CIM jNJ 2 4'2 T- ���[ _;:.:�;n_T,__,T9 X31=3IlI=� rd�d 3Fj 31"19N3� III= - other methods are effective in achieving compliance. Many times respect for the affected individuaals and a little creative thinkin can go a long way. For exam le you could provide to a recordings ,,;a�o�4Q@� OL council minutes _in Library personnel could be available to retrieve books from a shelf out of reach to someone in a wheelchair or for an individual who lacks the ability to.grasp the item. A program might be reassigned to an accessible building or some equipment may be redesigned, such as the addition of lever -type handles to doors with knobs which are inoperable to individuals with some disabilities. Accessibility in some cases will require alterations in existing buildings. Of course any new const urt;ono other alteratinns after January 26, 1992 must be accessible and usable b disabled individuals. Cities may use either the Uniform Federal Accessibility Standards (UFAS) or the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) to meet this requirement. If your city must make structurgl changes in facilities, and you have 50 or mo>e-e_mp e_L gra writte-_transit-Lon-plara i.s_..req-u rod. _You must -give disabled individuals and organizations_-rp-presen them �. p _ un ty _to,. participate xn developing .yoir, plan by submitting comments. The plan must be made available for public inspection. in curb ramps, giving prJi- ii -V to hi s �;p _ng_ e cQ red_ byt e Act. This includes nQt�or��,y.-.�he_walkway_s by the city hall but ra�nsp�ortation Pacilities�_,_and_ place-_of_!'publ� c accomcda£To - sZch-a9' restaurants and shops,-.-ATnogg .others . _ All new constructed or_a ere roads-.must~..also.-provide „curb ramps. Communications .Lou must -make -•i-nfar..mati.on,._,available to applicants, and eople ,who _�articiate or. Benet Pram ,y..o�ur_.services and�programs,about the protections avail.ab],e_ to,...them.-unde.n_the..,,•,SDA.,and-how_..y_.a�_Lpply-- nq Act `i n, your_..seruice-,,.pr,ograms,and_.aot_ivities. For example, you could distribute pamphlets to the public to describe programs and opportunities, display pose in public places, or broadcast information by television or radio. You could provide specialized notices to organizations that represent disabled individuals. Since most cities communicate by telephone with applicants or with beneficiaries of their services, a TDD (Telecommunications Device for the Deaf) 4 ea llvllyua effective elecommuni�ion sYs�em (such as a relay-s.ystem_.wb-exe-,An- operator with a TDD can tyZ2 gvoice messages to _the_ T -DD user_._.and-r-ead:-the-TDD_me;5.sages_ to...the._&tandard._ telephone_ usez.),.. tn,.test._..be✓.xls.ed_to._.communi�atQ with __ndvid_u�,_l� teti.th -impairedhearing,_or�speech. Telephone emergency services, such as 11911'x, must provide direct access to individuals who use TDD's and computer modems. Cities must post signs at all inaccessible entrances to each of its faci location where they c.ax--Qbta.ln information. elm JAN 2 4'Z r• n V .a i ra-It-:, : T 71 T- �_I' i :=: =. i- T -, - T ,-i : -13 I T I T h•11--•1 i i 3 i'i CI H 3 TRANSPORTATION The Act make- transnortation ion portion of the Act will not affect them. Generally, the ADA will affect public transit in the following categories: accessible vehicles, services and facilities. Many cities offer public transportation through a fixed -route system. For a city that hag a f 7 YPri-rrn1tG o.,Qtem of public transportation, there are reaui.remgnts that the system be accessible and readily usable by individuals with disabili s._JR jn,Clj,des i_ nc3�, Who u5e"w'"1'ieeiGhalrs')�`AND that�such�_avatpm hP cmmniamani-nri Tri+ -h n demand -responsive aratransit system that is also accessible and readily usable. Fixed -Route Systems This means that all new, used, or rPmannfar-+nrori vahirles must be accessible i i e route svys±_p , and-th,a pert nsit_s s m_ mustbg^as3�l�d_i f_. �aa�__i �Q-t_a3xEad-y_in�_az_e _ This includes the submission and implementation of a paratransit plan to the Secretary of Transportation. <Ni{�,� MD0;P) A1= war used vehicles that are purchased on or after August 26; 1990 must be . readily accessible and usable j2—individuals with -c�isabi7is tieUsed veh Iles that are not in compliance w t 1s requirement -may be purchased if the entity has demonstrated a good faith effort to purchase an accessible used vehicle. There is a rather limited exception made for remanufactured and historic vehicles. A remanufactured vehicle that has had 1 its usefix.1- '49e standards. It appears that a remanufactured vehicle that has had its useful life extended less than five years is not required to be accessible in this manner. Likewise, an historic vehicle whose historic character would be lost need only be made accessible to the extent that is possible. The entity that provides a fixed route system of public transportation_ must also c_omplement_this__system with a demand-resoonsiv-e_pAratxansit sy;,-Ltexn...._Tb-e_paz_atransi"ystem or special trans l�mus± ae oZ_.a_ no-mpaaCaYzJ,.e...lRy_e-.1,-, camper a in response time and offer the same service area at a comparable rate to the`_"fixed routey_$,- There is an exception allowed to this requirement if the q provision of a paratransit service would cause an "undue financial burden" to the entity. Whether such a burden exists will be determined on a case-by-case basis. The United States Department of Transportation (USDOT) regulations offer some guidelines to what will be considered in making this determination. Among the factors considered are the effects that there would be on the existing systems rates, routes and service; the percentage of the budget that would be needed to implement the plan; the average number of trips made by the entity's general population compared to CIM ,jAK 2 4'92 T. -��, -, :� fi-T,--�T a: ��I =.AT I T -i Il V-1 -F1 ��"���H-1-1 the number of individuals who would be eligible for paratransit service; and other unique circums Dances. Thepray8P-r MUSS o.,t,Mi t ..fan Qnr i �s� �rn�-r ��t QlSto�mnhA January 26, 1992 and commence the implementation of the plan. The USDOT regulations spell out the detailed requirements of the plants contents and also list the various offices where the plan must be submitted. In addition to the paratransit plan, a plan update must be submitted on an annual basis thereafter. It is permissible for the paratransit service to be provided by an entity other than the provider of the fixed -route system, but the regulations require that this be identified within the fixed -route systems plan. The Twin Cities Metropolitan Area has a good example of this .type of "cooperative system". The Metropolitan Transit Commission (MTC) currently operates a fixed route system, but does not offer a demand -responsive one. Metro Mobility, however, provides services exclusively for individuals who are eligible for paratransit service. Each system covers the same geographical area. The MTC will not have to establish a demand -responsive paratransit system to complement its fixed --route system as long as Metro Mobility continues to operate one that offers comparable service (although the MTC will still need to submit a paratransit plan that outlines this fact by January 26, 1992). Demand -Responsive Systems For a city that currently has a demand -responsive system, there are requirements that the system be*accessible and readily usable by individuals with disabilities.. All new vehicles that are purshasEd on or after August 2Lt 19Lq _must __b_e.r�eadily_-accessible and usable, just -as is required of fixed --route systems. There does not seem to be any similar requirement for used, remanufactured, or historic vehicles of a demand -responsive system. There also is no requirement for the provider of a demand -responsive system to provide a fixed -route system to complement this system. Facilities A city must ave a _ .t�ci hl Qart9 i i r i es (buildings, gtat3��, Pt_T as well as offer information that is usable by disabled individuals such as larae- u1es, routes, anti tare listings According �,a►�to _ j 1dng. s-tations, etc.), must be accessible to and usable by persons with disabi"lit ti"�� iQ :-Existing "fadili i;es that are makingany— alterations mus_... YNARe_ e_.a ere �ect�on access g izioY Ilterations_ suc_ h_ as re_decorati--are_„tw.t.-,inccluda i n -this requirement. The Act also has several other special requirements for trains, over -the -road buses, light rail, and commuter rail which go beyond Z1 cern ,1AN 2 4 192 •:Wi .a riri" C11A ., r..:: T ,�_• T, �",G•Ia: F=•r�-T-,--T Ci: �� I �T L T _� 11 P-1 iii 3fi��H�� the intended scope of this article. Contact the League if you require further information concerning these requirements. Access to Information Information and training are two areas which are also addressed within the ADA. Disabled individua o schedules routes, fares a� o, _ .X 1��'oYXUrltion that is naarlar9 to ,rtb_e- ransportation _ystem. Some examples of making information access! ble are: Braille or large -prig nhedule.� fo,r visi��_ impaired individu 7s or_._ fnr pQt p �.jth lipari na d 9 aahi 1 i t i es Ano er example is to have drivers announce the stops*to assist visually impaired individuals. Training Drivers must be properly trained to operate lifts and propex1y secure wheelchairs once the wheelchair -user is aboard the vehicle. Training should also include courteous treatment. Exceptions There are some vehicles that are exempt from the Act. These include airplanes, school buses, and certain historic vehicles (see the former discussion on this). It is interesting to note that L automobiles and taxis or other vehicles that seat fewer than ei ht C4 -4v-44 1111__ peop a -for pr va e providers but NOT exempt for public / prov.iaers . The state of Minnesota has several good examples of public transit systems that are already complying in many ways. The MTC has been purchasing buses that have lifts. They also have had a TDD telephone system for some time. Some simple modifications have also been used to assist visually impaired individuals such as painting highly visible stripes on the edges of steps, wrapping contrasting tape around hand rails, and using large numbers and letters on the front, side, and back of buses. I Metro Mobility has Braille schedules available through the Minnesota Services for the Blind and also uses a TDD system. In addition, they employ disabled individuals in some of the non -driver positions. The facilities are accessible (having ramps, curb -cuts, doors, and restroom facilities that are usable by disabled individuals). The city of St. Peter has a very successful demand -responsive system that offers door-to-door service for both individuals who need paratransit service and individuals without disabilities. The Duluth Transit Authority has been purchasing accessible buses since 1982 and has had a demand -responsive paratransit system in place since 1981. The facilities have been accessible to disabled persons for the last decade, having door widths that allow wheelchairs to pass through, power "air -doors", elevators, ramps, and skywalks (also with ramps). It is very likely that some of the changes that the Act requires ciM jA% 2 41902. ii'.a i.n or.i ::r.:: T -F• T, UPI- T-• -. =�: ��I HT1 T-� illd .-O 31'11:iH3� may result in significant costs. Donna Allen (Principal Project Manager of the Office of Transit of MNDOT) was not aware of any assisting funds that are available solely for compliance with ADA. However, since most public transit systems currently do receive• some government funding and since the conditions of this funding have in the past required accessibility, many systems may need to make only minor changes to comply with ADA. Those considering the purchase of a new vehicle should carefully check that the specifications of the vehicle will comply with the newly issued USDOT regulations. There could be some minor differences between these regulations and the previous standards regarding lifts and accessibility. Contact the League or the Department of Transportation if you require further information. In summation, providers of a public transportation system may need to make some changes to comply with the Americans with Disabilities Act. The changes that may be required depend upon what type of a system is presently in place. Both a fixed -route and a demand-responsiv6 system must purchase only accessible vehicles after August 26, 1990. A fixed -route system provider may need to add a demand -responsive paratransit system if one is not already in place. A fixed -route system must submit a paratransit plan and begin its implementation by January 26, 1992. Facilities and services of both fixed -route and demand -responsive systems must be usable by disabled individuals. EMPLOYMENT Will we have to hire every disabled person who applies for a job with the city? Will we be required to spend large amounts of money to enable those employees to do their jobs? These are the kinds of questions that cities are voicing as they hear about the employment provisions of the ADA. The Act does have some effect on cities' actions but many of its provisions, par icularl re and to the—employment area, have a recti d under nesota Human Rights Act (Minn. Stat. 363. ) since ie_3. The federal act does provz a an onl2ortunity for cities to reviev--the r em dures Lnvolvinq peopIC lsabilities. As German don Alvarado, the Affirmative Action Director for the City of St. Paul, stated, "The Americans with Disabilities Act has raised the consciousness level of the cities to look at their physical structures and procedures in regard to disabilities again. Many put this issue on the back burner." There are also other provisions in Minnesota state law that encourage cities to hired disabled employees. One example is the Minnesota Seco Q i njuy-v Fiend which allows employers to register any me—cvi c4- i "et A 4 -1,4 A -i —I,I —A --� I .-..see i s 4-1— i h -a.... ,A z77 in...re,lationehip._t,q_ that... disability, the state will pay for a Rortion _ of - those-expens'es-fro'm- that fund. Basic Provisions �� ��, ,�e�� •,- �'- \\ �.s��,�,�; J . ciM JAS 2 4'92 -r-. Tr UG��- I.C::: 1- -'T'.- : X31 :•3IlI=� Iald J0 3ii��- _The basic principle under the ADA in that one cannot discriminate on t e b ' ' on _such as testing, hiring, promotion. di Rc; ;ine and termination. This does not mean that you have to hire everyone or that yo can an never fire anyone with a disability. The city cannot di3crimina+- against a "qualified disabled person" who.is able to do the -iob disabled and cannot do the "_es,gen no obligation to hire that person position. The city also does not that applicant or that employee. Title I of the ADA. There is no requirement ;n either cities to write a particular tyke_ N have to create a new position for The employment provisions are in for each employment position. In order to support the city's position that it did not make an employment decision based up_en the_ jemp.loree's_nr app i cant's condition,iay_b� descriptions to ensure that they_ ,.ra--specifi,__as___c thg''gssen�tial func ions" of the_ nb. They_should specify what physical, and mental characteristics are necessary_ oho 1 t_jDj�___Tae -desc'r fions�also can-_,__�.. p give detailed information on what physical or mental duties are required for the job. For example, "Employee lifts boxes that weigh ten pounds from the floor to a shelf ten per cent of the time" or "Employee types at computer screen for seventy-five per cent the day." Another way to avoid the implication that the city is discriminating on the basis of a_disa5 t_o keelan employee's medical record s,__s_eparate_Jfrgi the rest of the employee's personnel _fil,_e. Then if a supervisor or other employee-is-Tookirig" at the personnel file, he will not see any private medical information that may indicate a disability. If he had such information, his decisions or attitudes toward that employee may be affected by that knowledge which could result in discrimination. Under the federal act, a city can require a medical exam but it must be required for all applicants and done after an offer of a job has been given. Testing If the city requires applicants for employment to perform (erra;n tpa s— under bo ederal a - au mt _provide means for cl; aabted apnli_rante i-� takehoaP t, .ut-a _ As always, there is a reasonableness aspect to this requirement in terms of the feasibility and cost of such an accommodation. Minnesota cities have already provided such accommodations tests. For example, the City of Bloomington has done the following testing accommodations: 1. For a quadriplegic who had less strength in his arms, he was able to take the test on a computer rather than a typewriter. 2. An applicant had dyslexia and the city provided someone to read s-�7 ciM ,SAN 2 4'92 i T _ �_� � :� F. i � - T - - - T =� : � 71 1 • 71 T I T -1 111.1 � �-� -1 I'l 171 H.1 � the test to the applicant. 3. A hearing impaired applicant had a sign language interpreter for the test instructions. Other possible testing accommodations are to provide readers or Braille versions for visually impaired or large print versions or devices that can enlarge print. You also would want to make sure that the physical location is accessible to wheelchairs or other physical disabilities. Reasonable Accommodations A city is required under the Act to provide ^Teas nab e accommodation sn_q a .._ qu a.bleci"e�mplovee'� unless those accommodations _would result in "undue hardzhJ4 —" An employer may .a so ecide—riot tore someone with a disability if as an employee, he or she would pose a "direct threat to the health and safety of others" or a threat to property. 42 U.S.C. 12113(b). It is important to realize that just because a person is disabled that does not -necessarily mean that any accommodation will be required. For example, in one city, an employee is disabled because he had a leg amputated. He works in the administrative area, however, so his disability has no effect on his job. Under the Minnesota Human Rights Law, employers with over 50 employees already should have been providing "reasonable accommodations." 'one of the major effects of the federal act on Minnesota cities is that now cities with less than 50 employees must provide "reasonable accommodations." According to Wanda Andrew, Administrative Benefit Administrator for the City of Duluth, "It is much less expensive in the long term to accommodate disabled employees than to terminate them." The city can utilize the skills and training that the employee has received on the job in the case of employees who become disabled. Examples of Reasonable Accommodations A common way to accommodate employees is to adapt their physical work areas to their conditions. For example, in Du u , ere is an employee who uses a scooter. The restrooms were not accessible to the scooter so the city adapted one restroom so the employee would be able to use it. 7 In Brooklyn Park, there is a clerical employee who has back problems. One of the employee's main duties is to stand at a counter. The city adjusted the counter heights so the employee could sit down and also ordered a special chair. The counters were remodeled by city staff at a cost of approximately $300 and the chair cost approximately $500. The City of Roseville has a mechanic who is in a wheelchair. The city transferred some of the job duties that he is unable to do to other workers and gave him a flexible work schedule. One of his CIM �2 iiT 4 1iiii' 01.I ii,: < T F. T? Uki=�:=:i=rii-T�'-�T =+: -1711 =: T I T-1 1• I.d III �f1CiHJ� job duties is to maintain lawn mowers but he is unable to reach them from his wheechair. The city obtained a special ramp on which the lawn mowers are placed.. This did not cost the city anything because it discovered that there was a state program that would pay for such ramps. A couple of cities have provided devices which enlarge the print on the computer screen for employees who are visually impaired. These cost approximately $5,000. Such devices can also be used to accommodate citizens who are visually impaired. In one city, after the employee who used the device retired, it was transferred to the public library for use by library patrons. Many cities have adapted their physical settings to accommodate both employees and the public. Common examples are to put in automatic doors; adjust height of elevator buttons; Braille markers in elevators; telephones for hearing impaired; and ramps. Other accommodations may not involve physical changes or the purchase of devices. some can be as simple as training fellow employees who will be working with the disabled employee. For example, both the City of Richfield and the City of Edina hired employees who were hearing impaired but could read lips. The cities trained the other employees so that they were aware of this and would ensure that the hearing impaired employees were looking at them when they talked to them. Similarly, Edina had an employee who had a mental impairment who did janitorial work. To accommodate his condition, the city designed the job so that there were many routine repetitive tasks and also provided closer supervision. These accommodations did not cost the city anything. Effective Date There has been some confusion as to what the effective dates are for the employment provisions of the ADA. Private employers have a schedule where the provisions are gradually in effect depending on how many employees there are. Local governments assumed that this was true for them also. Under the r gt1l a:L4i,Qna i ss_ued .14_tbR_ Justice _De_partme to imp ent Title X� thL�_A_c_t•,_h9�tev�7r, _pu ,em}�layme�rt-as--co�asid " =grAYYtL or___ac _ _:ty,� All :'programs or to dizAhled people bv January 26 1992. Depending on the si�e...of__the_•city,,__though� the specific provis ons w is ^ apply will be different. Generally, all cities should attempt to comply with the basic provisions regarding employment now. Under Title II om accessible unless the c s woul "fundamentally alter the service" or result in financial burdens. Fo'r c�s wiTE cess than 15 employees and for cities with 15 - 50 employees until Title I goes into effect in*July 26, 1992 or July" 26, 1994 depending on the -city's size, this would be the analysis CiM as compared to the Title I provisions with the "reasonable TT•.A )CWC01-1 Tl -,:,:T 7+_. T.' +_ilei _+:+=.i+-TT•:111,1 3i1 3111+H3� ,�J, accommodations' scenario. 4r REMEDIES Under the federal 1 aw _ anrLi i nRn nr employees, who fAa1 ha i t• i es have discriminated haeed upon,a disability have the right to sue 1 - provided this right to sue and the new amendments to the .Civil Rights Act which was passed this, year expanded that right to allow those damages. There are limitations on the amounts bf damages allowed depending on the size of municipality. People who sue under the ADA can also collect attorneys fees which could be significant amounts of money. In addition to private lawsuits, people can try to resolve a complaint t_hroug e city -s grievance proce ures. Complaints can a15v ire made to numerous federal regulatory agencies such as ep r -Ment of Labor, Department of Transportation, and the -DepaYtment-of' _tce__�o_rnvestigation_ Tf the agency dicinaver� `tKA—fhere a a hA s s fnr thn rnm,+i negotiate a voluntary compliance or informal resolution.If that -is--un ucces - uVI—, then it can bring an admi n i .trat i va nrnrArii,rn ^%- court rcourt action where the person maks damages and _,atto���y! s.�ees int can collect _Ln Minnesota, complaints can also still be made to the Minnesota Department of Human Rights. CONCLUSION The Americans with Disabilities Act is significant legislation and will require Minnesota Cities to look at their policies and procedures to ensure that they do not discriminate against disabled applicants or employees and that their services are accessible. In many cases, cities have already complied with the basic provisions with regard to employment if they meet the requirements of Minnesota state law. For other cities, there may be many changes required. This article presents only an overview of some of the provisions of the ADA. If you would.like more specific details in any area, please contact the League of Minnesota Cities and talk to one of the authors of these articles at (612) 227-5600. we have many handbooks and guidebooks on this subject that provide additional information. The U.S. Department of Justice maintains an ADA hotline. You can call (202) 514-0301 (voice) or (202) 514-0381 (TDD) or write them at P.O. Box 66118, Washington D.C. 20035-6118. (Note to ED.: Possibly to go in a box?) DEFINITIONS Disability (1) A physical'or mental impairment that substantially limits one or more of the major life activities of an individual, (2) a record of CIM JAN 2 4 9� _T'.I .'iiia'o1•I T;:: T 'i=• T- �_i�•j-�:=:i=•��-T.. 1.=�:��.I. ?3I1I J0 3(i1:1H3-1 such an impairment, or (3)being regarded as having such an impairment. Qualified Individual with a Disability -*for Public Services One who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the city. Qualified Individual with a Disability - for Employment One who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the position. Essential Functions In general, the fundamental job duties of the employment position the individual with the disability holds or desires. Reasonable Accomodation Modifications or adjustments for qualified individuals with a disability -- to a job application process to enable them be considered for the position; or -- to the work environment, or the circumstances under which the position is customarily performed, to enable them to perform the essential functions of the position; or -- that enable them to enjoy equal benefits and priviledges of employment as are enjoyed by other similarly situated employees without disabilities. Undue Hardship Significant difficulty or expense incurred when considered in light of the nature and net cost of the accommodation, the overall financial resources, type of operations and the impact of the accomodatibn on operations. Fixed Route System A system of providing designated public transportation (excluding aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule. Demand Responsive System Any system providing designated public transportation which is not a fixed route system. CIM JAN 2 492 T'.J ,-' 0 C' 1-4 7j _.T 7r, ,i1-_--1 =i 1.��-T_X31 :3I1I •111 JO 3i1IH3 PLYMOUTH I DEPARTMENT OF PUBLIC SAFETY ANNUAL REPORT 1991 FLYWDUTH PUBLIC SAFETY BUILDING SCHEDULED FOR COMPLETION IN EARLY 1993 .WHAT'S UP U I Assaults up 18% Criminal Sexual Conduct up 20% D.W.I. Arrests up 10% Fraud up 40% Harassing Communications up 30% WHAT'S DOWN.... - Vandalism down 18% Arson down 48% Moving Violations down 15% Overall calls for service requests remained nearly the same as 1990, with the above mentioned category variances. Total calls for service were down 1% for 1991, with a total of 21,867. Police .Department statistics, Appendix B 1991 FIRE DEPARTMENT STATISTICS (Confirmed calls) WHAT'S UP!!! PRIVATE DWELLING FIRES UP 27%' MUTUAL AID RESPONSES UP 47% MALICIOUS FIRE REPORTS UP 68% NUMBER OF FIRE PERMITS ISSUED UP 25% ' WHAT DOWN ...... APARTMENT FIRES DOWN 12% BRUSH AND GRASS FIRES DOWN 68% ' TOTAL ESTIMATED LOSSES DOWN 18% TOTAL CONFIRMED CALLS DOWN 12% Fire Department Statistics, Appendix C ' The Department consists of 54 employees, 42 being sworn officers. The Police Department is divided into two ' divisions, Patrol and Technical Services,- each under a Lieutenant. Technical Services includes investigations ' (1 Sergeant, 6 Investigators, 1 Youth Services Officer, and 1 Community Relations Officer), and Police Services ' (1 civilian supervisor, 6 clerical, 4 Community Service ' Officers, and 1 Housing Inspector). ' Patrol Division includes 6 Sergeants and 26 officers. In 1991, Patrol Division went to 24 hours supervision. See Appendix A for Chart Generally, when a department operates at optimum efficiency, patrol officers will spend approximately 30 to 35 percent of their time committed 'to calls for service. This means that officers will be busy on service calls for approximately two and one-half hours during each eight hour tour of duty. This leaves more than five hours free for emergency responses, administrative duties and random and directed patrol activities. ICMA, MIS Report, Volume 16/No. 4. April 1984. In 1989, 38 percent of our patrol shifts went over two and one-half hours of committed time. Whereas in 1990, 43 percent of our shifts went over two and one-half hours, and in 1991 we stayed at the same level with 42 percent. D.A.R.E. is a national drug education program taught to 5th and 6th grade students by police officers who are assigned to specific schools for a portion of the school year. In the 1991 Plymouth D.A.R.E. program, there were six officers teaching in ten schools in the Wayzata, Robbinsdale and Osseo school districts. 895 students in grades 5 and 6 graduated from this program. One additional school will be added in 1992. ' Plymouth Police personnel spent 178 hours in 1991 involved in public presentations to the community. iTopics ranged from bike safety and department. tours, to ' sexual and domestic abuse. ' Nearly 6,000 residents attended these presentations. Nearly half the Department was involved in this program. Plymouth Police Reserve program was initiated in 1988. Currently eleven citizens are volunteering their time. In 1990 the Reserves donated a total of 2,310 hours to the community. A new program utilizing Reserve officers began in 1991. This program put these officers on bicycles to patrol the City parks and trail system. This program has been very successful. Three Reserve officers left us this year to begin their own careers as police officers in other communities. The Explorers program is the young adult division of the "Boy Scouts of America" exploring the career of law ' enforcement. The Plymouth program began in the fall of ' 1984. In 1991, there were 16 student Explorers and two student advisors. The annual Midwest Law Enforcement Exploring ' Conference held in Brainerd, Minnesota on April 10, 1991 resulted in Plymouth Post 905 Explorers taking first place trophies in trauma assessment and domestic crisis intervention. A fourth place award was also given for team revolver shooting. Past Plymouth Explorers have ' become Reserve and police officers with Plymouth. DOMESTIC ABUSE PROGRAM In 1984, Plymouth became involved in the Domestic Abuse ! Intervention Project. This is a joint program with Home Free Shelter and the cities of Crystal and Golden Valley. ! The emphasis is to disrupt the cycle of violence in domestic disputes by focusing efforts on the abusers and providing support and safety for the abused. If evidence indicates an assault took place during a ! domestic quarrel, the assailant will be arrested and held ' in jail until he/she can be arraigned by a judge. During this time the assailant will be visited at jail by a ! trained advocate who will explain the significance and consequences of his/her actions. Police will also notify the Home Free Shelter Intervention staff of the details ! of the assault. A staff member will, within hours, contact the victim to provide information and support. The Plymouth Police are committed to an aggressive stand ! against domestic violence. It is our policy to make an ! arrest in cases of assaultive behavior or for violation of Protection Orders. In 1991, Plymouth Police officers ! made 90 domestic abuse arrests. In addition, 68 suspects were charged with domestic abuse through the formal ! complaint process. Our goal is to protect victims of family violence now and prevent victims in future ! generations by breaking the cycle of violent learned ' behavior. � APPENDIXES DIRECTOR PLYMOUTH of DEPARTMENT PUBLIC SAFETY OMYUN OF RELATIONS PUBLIC SAFETY OFFICER POLICE DIVISION PATROL I I SERVICES RES. EXP. pmmu7mq SERVICES 6 I SER EMIT I ISUPERVIS01 YOUTH 4 SR. SERVICES I I I I HOUSING I IC SERVICE YI �UPEECV,ERROFFICER{NY>=��1G11'1ORS INSPECTOR ' 4 CLERICAL A TEAM A TEAM A TEAM I I B TEAM I B TEAM I B TEAM APPENDIX A DIRECTOR OF PUBLIC SAFETY FIRE CHIEF STATION 1 STATION 2 1 1 STATION 3 ASSISTANT ASSISTANT ASSISTANT CHIEF I I CHIEF CHIEF CAPTAIN I I CAPTAIN I I CAPTAIN 3 I I 3 I I 3 15 15 15 FIRE FIRE FIRE FIGHTERS FIGHTERS FIGHTERS PLYMOUTH DEPARTMENT OF PUBLIC SAFETY FIRE DIVISION ' PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH JANUARY -DECEMBER 1991 ICLASS MURDER CSC ROBBERY ASSAULT BURGLARY THEFT AUTO THEFT ARSON 1 29 3 320 358 1215 116 29 0 35 5 379 331 1153 122 15 TOTALS 1990 2071 ' 1991 2040 -1% CLASS it F 91 1990 1991 FORGERY COUNTERFEIT FRAUD HAR. COMM. STOLEN PROPERTY VANDALISM SEX OFF. NARC. OFFENSES FAM/CHILD D.W.I. LIO. LAW DISORDERLY CONDUCT OTHER 32 122 371 5 741 26 78 44 392 144 50 413 33 1 170 1 480 1 15 1 608 1 25 1 89 1 49 1 432 92 46 1 438 ' TOTALS 1990 2 418 1991 2477 2% ECLASS III 0 IL FATAL ACCIDENT PERSONAL INJURY PROPERTY DAMAGE SNOWMOBILE ACCIDENT DROWNING MEDICAL EMERGENCY SUICIDE SUICIDE ATTEMPTS NATURAL DEATH ANIMAL BITES FIRE 0 165 909 0 0 1085 2 27 33 56 320 3 1 139 955 0 0 1058 4 23 32 54 286 TOTALS 1990 2597 ' 1991 2554 -2x CLASS IV 91 ' TOTALS 19 9 0 15,014 1991 14,796 -1% HAZARDOUS VIOLATIONS 1990 4621 19 91 3949 -15 % NONHAZARDOUS VIOLATIONS 1991 5399 19 91 5499 - 1 1 CRIMINAL OFFENSES CLEARED 1990 20% 1991 18% TOTAL NUMBER OF INCIDENTS 19 9 0 22-100 1991 21.867 -lx APPENDIX B ASSIST ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC SUSPICION MISSING LOST PUBLIC DOMESTIC DETAIL ALARMS OUTS AGENCY SERVED DETAIL INFORMATION PERSON FOUND NUISANCE MISC. 371 1509 1691 1889 596 446 1649 2282 87 355 1526 2613 348 1554 1700 1981 540 503 1578 2167 52 265 1528 2580 ' TOTALS 19 9 0 15,014 1991 14,796 -1% HAZARDOUS VIOLATIONS 1990 4621 19 91 3949 -15 % NONHAZARDOUS VIOLATIONS 1991 5399 19 91 5499 - 1 1 CRIMINAL OFFENSES CLEARED 1990 20% 1991 18% TOTAL NUMBER OF INCIDENTS 19 9 0 22-100 1991 21.867 -lx APPENDIX B .APPENDIX C PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY JAN - DEC 1991 NUMBER OF 0001 0601 1201 1801 CONFIRMED FALSE PERMITS ESTIMATED 0600 1200 1800 2400 CALLS ALARMS TOTAL ISSUED LOSS PRIVATE DWELLINGS 41 53 .104 43 56 225 160 268 11 98 $424550 $13600 53 APARTMENTS 47 59 72 0 90 2 0 7 7 2 $1600• HOTELS & MOTELS 3 2 OTHER RESIDENTIAL 0 1 0 0 2 0 1 1 7 1 8 2 $7500 PUBLIC ASSEMBLY SCHOOLS & COLLEGES 3 4 1 12 2 12 15 5 38 43 18 $600 HEALTH CARE INST 1 3 6 5 1 14 15 11 $100 PENAL INSTITUTION 1 8 0 20 0 16 0 19 0 17 1 46 1 63 1 41 $300 STORES & OFFICES INDUSTRY, MFG. 8 15 23 12 13 45 58 16 $6200 STORAGE IN STRUCTURE 2 1 0 0 0 3 3 3 6 $1000 $500 SPECIAL STRUCTURES 1 2 1 .2 3 OUTSIDE OF STRUCTURE 1 4 0 13 0 23 1 21 2 52 0 9 2 61 $75250 IN HIGHWAY VEHICLES IN OTHER VEHICLES 0 0 3 2 3 2 5 IN BRUSH, GRASS 4 3 6 4 8 8 20 14 1 0 21 14 $500 IN RUBBISH, DUMPSTER 0 2 5 3 8 $900 ALL OTHER FIRES 0 2 1 3 4 6 3 1 11 1 12 $800 MEDICAL AID RESPONSE MUTUAL AID GIVEN 2 6 9 6 22 1 23 ALL OTHER RESPONSES 6 8 4 11 23 6 29 =x_xxo== x_ox xsxx xx.o ..xxccoo= 339 ==x.x. 469 zx.=x 808 xaoasxas 200 xaxxxax=x $533400 TOTALS 110 193 244 261 *MALICIOUS FALSE 47 *MUTUAL AID RECEIVED 5 *IN ABOVE TOTALS JANUARY - DECEMBER 1991 1990 CONFIRMED CALLS: 339 372 FALSE ALARMS: 469 502 TOTAL CALLS 808 874 ESTIMATED LOSS: $533400 $387400 .APPENDIX C CITY OF PLYMOUTH 1991 PLANNING COMMISSION MINUTES JANUARY 8, 1992 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Michael Stulberg Commissioners Barb Stimson, Scott Syverson, Michael Wigley, Roger Scherer and Dennis Zylla. MEMBERS ABSENT: None. STAFF PRESENT: Director Charles Dillerud, City Engineer Dan Faulkner, and Senior Clerk Typist Denise Hutt. *MINUTES MOTION by Commissioner Scherer, seconded by Commissioner Wigley to approve the December 18, 1991 Planning Commission minutes. Vote. 4 Ayes. (Chairman Stulberg and Commissioner Zylla abstained) MOTION carried on a 4-0 Vote. 4kkc'. MOTION TO APPROVE VOTE - MOTION CARRIED Chairman Stulberg introduced the request by John Day JOHN DAY COMPANY Company for an Amended Mixed Planned Unit Development (91099) Plan; MPUD Final Site Plan; and, Conditional Use Permit for an Automobile Service Center at the southeast corner of 35th Avenue North and 34th Avenue North. ,Director Dillerud gave an overview of the December 20, 1991 staff report. Chairman Stulberg introduced John Day and Charlie Radloff representing the petitioner. Mr. Day stated that the proposed Automotive Service Center will benefit the City, and that he is confident that they can fill the facility quickly with tenants. He also stated he concurs with the December 20, 1991 staff report. Commissioner Zylla questioned that if the Site Plan is approved, does it only last for a year. CIM jM 2 4'92 Planning Commission Minutes January 8, 1992 Page 2 Director Dillerud responded that the Site Plan is for a one year term and will expire if no building permit has been issued after one year, or a formal extension approved. Commissioner Zylla asked the petitioner if they had a Site Plan elevation prepared showing 5% sign coverage. Mr. Radloff responded that the current Site Plan elevation shows approximately 6-72-. signage coverage which includes the total outline area; but, if they were to use only where the "signage" is that it would be well under 5%. Commissioner Zylla asked if the current ordinance of 5% sign coverage will allow the petitioner to'accomplish what he is requesting for signage. Mr. Radloff stated affirmative. Director Dillerud stated that 5% is more than adequate for this proposal because the proposed facility's proximity to 34th and 35th Avenue. Chairman Stulberg asked if automobile stacking for the tenant's customers was an issue as there does not seem to be adequate.circulation area for stacking purposes. Chairman Stulberg introduced Dean Johnson of 2405 Lafayette Rd, Wayzata. Mr. Johnson stated that Precision Tune typically has 10-12 cars daily, of which most are oil changes. Chairman Stulberg asked the petitioner if they would allow a "Jiffy Lube" along with the Precision Tune. Mr. Day stated no, just Precision Tune. Director Dillerud stated the facility would be monitored for overnight parking, 'and would be ticketed if vehicles are found to be parked overnight. He said there is adequate parking for this proposal. Commissioner Zylla asked the architect if this proposal was typical of other buildings, or if they modified the facade because it is a Plymouth project. Mr. Radloff stated that he has had previous developments in Plymouth and was aware of the standards and codes. He stated he had met with staff to get their input and this proposal was specifically designed to meet with Plymouth's regulations and to be compatible with retail. Chairman Stulberg opened the Public Hearing. =�0%& . CIM JAN 2 4492 Planning Commission Minutes January 8, 1992 Page 3 Chairman Stulberg introduced Joe Domagala of 17705 County Road 24. Mr. Domagala stated that the location is good for this proposal and that the Commission should make the necessary zoning changes to allow this. Chairman Stulberg closed the Public Hearing. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Wigley to recommend approval of the request by John Day Company for an Amended Mixed Planned Unit Development Plan; MPUD Final Site Plan; and, Conditional Use Permit for an Automobile Service Center located at the southeast corner of 35th Avenue North and 34th Avenue North subject to all conditions in the December 20, 1991 staff report. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous VOTE - MOTION CARRIED vote. Chairman Stulberg introduced the request by Kathryn Nelson KATHRYN NELSON (91104) for a Conditional Use Permit for a Home Occupation to operate a Beauty Salon located at 455 Weston Lane North. Chairman Stulberg waived the overview of the December 18, 1991 staff report. Chairman Stulberg introduced Kathryn Nelson, the petitioner. Ms. Nelson stated that she concurs with the December 18, 1991 staff report. Chairman Stulberg opened and closed the Public Hearing as there was no present to speak on the issue. MOTION by Commissioner Wigley, seconded by Commissioner MOTION TO APPROVE Stimson to recommend approval of the request by Kathryn Nelson for a Conditional Use Permit for a Home Occupation to operate a Beauty Salon located at 455 Weston Lane North subject to all conditions listed in the December 18, 1991 staff report. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED Chairman Stulberg introduced the request by Green Mill GREEN MILL RESTAURANTS Restaurants for a Zoning Ordinance Amendment for the (91112) Definition of Class I/Class II Restaurants. Director Dillerud gave an overview of the January 2, 1992 memorandum. Chairman Stulberg introduced Leonard Przybylski representing the petitioner. cim JM 24 V 1 Planning Commission Minutes January 8, 1992 Page 4 Mr. Przybylski stated that approximately 20-22% of their business is takeout/delivery, and they have access to the all of the parking spaces located at the hotel. Chairman Stulberg opened and closed the Public Hearing as there was no one present to speak on the issue. Director Dillerud cautioned the Commissioners that whatever they decide on this issue will not only affect Green Mill Restaurants, but potentially all Class I restaurants in Plymouth. Commissioner Wigley expressed his concern that 40% of total food sales may be for takeout or delivery. He stated that was too high, and would feel more comfortable with 33%. Commissioner Scherer stated he did not foresee a parking issue as it takes less time for takeout. Chairman Stulberg stated there may be more of a problem with the traffic of cars trying to come in and exit for carryout purposes. Director Dillerud commented that the Ordinance states 1 vehicle per 4 seats in the restaurant. Commissioner Zylla questioned, how staff arrived at the proposed amendment of 40%. Director Dillerud replied that it was the petitioner's suggestion. Mr. Leonard stated that approximately 10% of business is pickup and 10% is delivery. He stated that providing this service is more of a convenience for their customers. MOTION by Commissioner Wigley to amend the Zoning MOTION TO AMEND Ordinance for Class I/Class II restaurants for no more than 33% of the total food sales to be takeout or delivery, instead of 40% as proposed by the petitioner. Motion failed for lack of a second. MOTION FAILED MOTION by Chairman Stulberg, seconded by Commissioner MOTION TO APPROVE Scherer to recommend approval for the, request by Green Mill Restaurants for an Amendment to the Zoning Ordinance for the Definition of Class I/Class II Restaurants, consistent with the January 2, 1992 memorandum. Roll Call Vote. 6 Ayes. MOTION carried unanimously. VOTE - MOTION CARRIED The Commission discussed the proposed 1992 meeting dates 1992 MEETING DATES and agreed to add December 22, 1992 as a meeting date to CIM JAN 2 4'92 Planning Commission Minutes January 8, 1992 Page 5 the list and the other dates as proposed in the January 2, 1992 memorandum. Director Dillerud stated that the City Attorney is still OUTDOOR ADVERTISING reviewing the recommendations for Outdoor Advertising. The City Attorney did convey that he is concerned with the effects that may come from total prohibition and amortization on non -state and federal highways. Director -Dillerud stated he would keep the Commission informed of the progress of this issue. Commissioner Stulberg stated that the Commissioners need to decide what aspects of the Planned Unit Developments they would like to address. Commissioner Scherer stated that it should not be restricted to 40 acres. Director Dillerud suggested that a bonus may be given if three or more property owners get together for a development. Chairman Stulberg suggested that each Commissioner take a specific topic of the Planned Unit Development that is of concern and talk with staff to come up with recommendations. Commissioner Wigley stated he would like to see the PUD's mirror the underlying zoning and also to eliminate the Homeowners Association common space. Commissioner Zylla stated he would like to see the Concept Plans be more detailed regarding the lot size. He also stated a concern with the "donut" concept in LA -1 guiding and how the Ordinance addresses this issue. Commissioner Wigley stated he would like to see minor PUD Amendments handled in a different way instead of having the request go through the Planning Commission. The Commission decided that each Commissioner would take the following topics to meet with staff on: Commissioner Scherer - total acre requirement;. Commissioner Zylla - setbacks, lot sizes, and concept plans; Commissioner Wigley - bonus points; Commissioner. Syverson - "donut concept"; Commissioner Stimson - Homeowners Associations and dedication of open space; and Chairman Stulberg - minor PUD changes. Chairman Stulberg stated there was no time limit on this, but as soon as a topic was ready, let Chuck know to put it on the agenda for discussion. PLANNED UNIT DEVELOPMENTS C'm JAN 2 4'92 Planning Commission Minutes January 8, 1992 Page 6 Chairman Stulberg reappointed Commissioner Zylla to the Board of Zoning Adjustments and Appeals and Commissioner Stimson to the Parks and Recreation Advisory Committee as liaisons for the Planning Commission. Meeting Adjourned at 8:40 p.m. = *k Q. BOARD APPOINTMENTS am JAN 24 12 -ckb MINUTES OF THE ANNUAL MEETING OF THE SUBURBAN RATE AUTHORITY January 15, 1992 i Pursuant to due call and notice thereof, the annual meeping-'6f. the Suburban Rate Authority was held at the Days Inn in"the City of Maplewood, Minnesota, on Wednesday, January 15, 1992, commencing at. 6:30 p.m. 1. CALL TO ORDER: The meeting was called to order --Vine' Chair, William Craig. 2. ROLL CALL: Bloomington Brooklyn Park Circle Pines Columbia Heights Deephaven Edina Fridley Hastings Hopkins Maplewood Minnetonka Osseo Plymouth Roseville Shakopee St. Louis Park West St. Paul Woodbury _ Mark Bernardson Gary Brown James Keinath Bruce Nawrocki Donald Murzyon William Schoell John Wallin John Flora David Osberg Jim Gessele Joe Zappa David Sonnenberg Vernon Dehmer Fred Moore Steve Gatlin Dave Hutton Don Rambow William Craig Barry Johnson Also present were guest speaker Cynthia Jepsen, Deputy Commissioner of the Minnesota Pollution Control Agency, and SRA attorneys Dave Kennedy and James Strommen of Holmes and Graven. 3. COMMENTS OF MS. JEPSEN: Mr. Craig introduced Ms. Jepsen of the PCA. She provided the Board with a history of wastewater treatment in the Twin Cities area. She stated that the two major wastewater control undertakings in recent years has been the combined sewer overflow project beginning in 1986 and the ongoing study of phosphorus levels in the Mississippi and St. Croix Rivers along the Wisconsin border. The phosphorus level has been a source of contention between the states of Minnesota and Wisconsin. The present permit for the MWCC issued by the PCA, with concurrence by the EPA, was the result of extended -settlement discussions and compromise between the parties. A condition of the permit is an ongoing study of phosphorus removal levels and options in the designated areas. Preliminary data will be available in early JMS28074 SU160-3 1 CIM JAN 21}'92 =_40%10 1993. At that time new requirements may be established by agreement or through a contested case proceeding. 'SRA directors had numerous questions for Ms. Jepsen including issues about the timing of the .studies, disparity in water quality standards 'along the Mississippi River, balancing environmental needs with reasonable cost, addressing the problem of non -point sources of phosphorus such as feedlots and the, sewer separation program. Ms. Jepsen concluded by stating that the phosphorus issue is in a holding pattern now. She believes state and federal agencies are very sensitive to concerns expressed by affected customers and elected officials and encouraged the SRA to be heard. 4. OFFICERS' REPORTS: Mr. Wallin distributed the year end financial statement of the SRA. Mr. Sonnenberg moved to approve the treasurers' report. Mr. Schoell seconded the motion which carried unanimously. 5. COMMUNICATIONS: Mr. Strommen reported that Mr. Larry Dowell of TwinWest Chamber of the western Minneapolis suburbs was in communication with him regarding the elimination of the Tier System. Mr. Strommen provided Mr. Dowell with the information and the SRA's role in the pending telephone rate change. 6. ELECTION OF OFFICERS: Mr. Craig reported that the executive committee had met as a nominating committee. Mr. Murzyon then offered the following slate of officers and executed committee members for calendar year 1992. Chair Gloria Vierling, Shakopee Vice Chair William Craig, West St. Paul Secretary -Treasurer John Wallin, Edina William Schoell, Deephaven David Sonnenberg, Minnetonka Mark Bernardson, Bloomington Bruce Nawrocki, Columbia Heights Mr. Craig then announced that the floor was open for additional nominations. There were none. Mr. Murzyon moved that the slate be elected and Mr. Johnson seconded the motion. The motion passed unanimously and Mr. Craig declared that the officers and other members of the executive committee were elected. 7. TELEPHONE UTILITY PERMITS: Mr. Strommen reported that in reviewing the SRA uniform gas and electric franchises and existing law in Minnesota, an issue was raised as to whether municipalities were exercising their full rights regarding telephone utility use of public rights-of-way in the city. The law does not allow cities to seek franchises and franchise fees from telephone utilities but it still provides broad police power to recover true costs incurred by the city. The SRA directors offered information about their City's permit process. Most cities apparently charge fairly nominal fees for right-of-way digging. Some cities charge a higher fee intended to recover the cost to the city of administrative JMS28074 SU160-3 2 CIM JAN 2 4T services. Mr. Strommen noted that the fees must be justified by direct and indirect cost but that -with such a'cost justification fees may be more than nominal. After further discussion, Mr. Nawrocki moved that the issue be tabled. The consensus was that the issue .was not pressingliland that any dramatic change in city policy runs the risk of impairing the working relationship which now exists between cities and the utilities. 8. TIER SYSTEM ELIMINATION: Mr. Strommen reported on the present status of Commission action eliminating the Tier System. By order dated December 20, 1991 (attached), the Public Utilities Commission voted unanimously to establish uniform rates for US West customers in the Twin Cities metro calling area. The Commission has established a 90 -day period for preparation of rates and another 30 days of comments. The attorney general has petitioned the Commission for a reconsideration of the income neutrality aspect of the Commission's order. Income neutrality would result in slight increases in tier I customer rates. The SRA will file a supporting memorandum and also seeking an effective date for the new rates as close to December 20, 1991 as possible. Mr. Strommen noted the effectiveness of a joint powers organization like the SRA in responding to issues quickly, such as the poverty levels argument raised by Minneapolis and St. Paul prior to the Commission's November 5, 1991 hearing on the Tier System. It was noted that the SRA's success in this matter should be used to recruit .cities to join. Mr. Zappa also moved to authorize counsel to prepare a news release or otherwise inform suburban newspapers of the Commission decision. Mr. Johnson seconded the motion. During discussion it was pointed out that the suburban newspapers should be fully apprised of the remaining issues regarding income neutrality and final rates so as to avoid premature assumptions about the rates. The motion carried unanimously. 9. NSP CASE: Mr. Strommen passed out a final report from Glenn Purdue regarding the 1991 NSP general rate case. (attached). Mr. Purdue noted that the Commission.directed NSP to investigate interruptible rate design,. An increasing number of and shortening of interruption periods could be beneficial to the municipal pumpers. Mr.. Strommen also highlighted the fact that the Commission has 'deregulated maintenance of customer owned street lighting. Mr. Strommen reported that NSP was expected to file a general rate case prior to the next SRA quarterly meeting. He suggested that an authorization to intervene from the SRA Board now would save the need for executive committee action during the interim if a rate filing was made prior to the April meeting. Mr. Nawrocki moved that the SRA Board authorize counsel to intervene on behalf of the SRA in NSP general rate case filed prior to the next meeting, if necessary. The motion further authorized the SRA to enter into the same type of cooperative relationship with .the City of St. Paul regarding municipal pumpers issues. The motion was seconded by Mr. Zappa. It carried unanimously. SU160-3 3 C1M�11'N� L 412 U160-3 =-4kb 10. LEGISLATIVE MATTERS: Mr. Strommen reported that he has contacted the representatives of the House and Senate committees for utility related legislation. There have been no preliminary indications of a bill introduced by any of the public utilities or other sponsor affecting SRA members. Mr. Nawrocki reported in the executive committee that he will be monitoring legislative activity himself during the session. Mr. Brown informed the SRA Board that a bill was being circulated that would restrict bonding authority for new interceptors in outer tier suburban areas. The wisdom of the bill was questioned in light of its stated purpose to deter flight by homeowners from the,Minneapolis/St. Paul and inner tier suburban areas. No action was taken on the matter. 11. MWCC MATTERS: Mr. Flora reported that he sought a revision in the MWCC waste discharge rules to provide the local municipalities the notice regarding disposal operations in the city. Mr. Flora has already made a formal request of the MWCC to include local municipalities'. He is not certain that it will be adopted into the rules. He moved that the SRA write to the MWCC reiterating this request. Mr. Gatlin seconded the motion which carried unanimously. 12. LOCATION OF NEXT MEETING: Continuing the clockwise rotation of location for quarterly meetings, it was decided that West St. Paul would be the next site. Mr. Craig will investigate the availability of a site. 13. CLAIMS: Mr. Wallin presented claims in the amount of $6,633.80 for Chesapeake Regulatory Consultants, $450 for Glenn Purdue, $2,247.75 for Messerli & Kramer, and $10,546.62 for Holmes & Graven. Mr. Schoell moved that the claims be paid and Mr. Moore seconded the motion. The motion carried unanimously. 14. ADJOURNMENT: The meeting adjourned by unanimous consent. Attest: Secretary Attachments: Treasure'r's Report Mr. Purdue's Memorandum Commission Order, December 20, 1991 JMS28074 SU160-3 4 Chairman CIM JAN 2 4'92 SUBURBAN RATE AUTHORITY ,ANALYSIS OF CHANGE IN CASH BALANCE SAINT LOUIS PARK, MINNESOTA FOR THE YEAR ENDED DECEMBER 31, 1991 Balance at January 1 1991 $ 81,965.55 Additions Interest income $ 4,040.43 Reimbursement 25.40 Special Assessments - 1991 - See Schedule attached for details 57,562.50 61,628.33 $143,593.88 Deductions: Accounts payable: Messerli and Kramer .$ 11,610.37 Holmes & Graven 36,294.07 Chesapeake Regulatory Consultants 3,422.92 1 LMCIT - insurance 947.00 Dinner - guests 25.40 52,299.76 Balance at December 31, 1991 $ 91,294.12 Note A: The breakdown of legal costs are as follows: General $ 18,461.50 Northwestern Bell EAS 14,296.98 U S West 3,461.67 NSP - 1989 370.80 NSP - 1991 6,022.02 Uniform Electric Franchise 79.05 Intervenor Compensation 871.20 Combined Sewer 5,138.50 MWCC - Budget 932.20 MWCC - EPA 800.99 MWCC - Orono 892.45 $ 51,327.36 "M JAN 2 4'92 SUBURBAN RATE AUTHORITY STATUS OF ASSESSMENTS RECEIVABLE SAINT LOUIS PARK, MINNESOTA As of December 31, 1991 VOTES ASSESSMENT PAID Mab BALANCE DUE Bloomington 17 $ 6375.00 $ 6375.00 S 0.00 Brooklyn Park 9 3375.00 3375.00 0.00 Burnsville 8 3000.00 3000.00 0.00 Champlin 2 750.00 750.00 0.00 Circle Pines 1 375.00 375.00 0.00 Columbia Heights 5 1875.00 1875.00 0.00 Deephaven 1 375.00 375.00 0.00 Eden Prairie 4 1500.00 1500.00 0.00 Edina 10 3750.00 3750.00 0.00 Fridley 7 2625.00 2625.00 0.00 Greenwood 1 375.00 375.00 0.00 Hastings 3 1125.00 1125.00 0.00 Hopkins 4 1500.00 1500.00 0.00 Lauderdale 1 375.00 375.00 0.00 Maple Plain 1 375.00 375.00 0.00 Maplewood 6 2250.00 2250.00 0.00 Minnetonka 8 3000.00 3000.00 0.00 Minnetrista 1 375.00 375.00 0.00 New Brighton 5 1875.00 1815.00 0.00 North St. Paul 3 1125.00 1125.00 0.00 Orono 2 750.00 750.00 0.00 Osseo 1 375.00 375.00 0.00 Plymouth 7 2625.00 2625.00 0.00 Richfield 8 3000.00 3000.00 0.00 Robbinsdale 3 1125.00 1125.00 0.00 Roseville 8 3000.00 3000.00 0.00 Shakopee 2 750.00 750.00 0.00 Shoreview 4 1500.00 1500.00 0.00 Savage 2 750.00 750.00 0.00 Spring Park 1 375.00 375.00 0.00 St. Louis Park 9 3375.00 337.5.00 0.00 Wayzata 1 375.00 375.00 0.00 West St. Paul 4 1500.00 1500.00 0.00 Woodbury 3 1125.00 131.2.50 -187.50 Woodland 1 375.00 375.00 0.00 153 S 57375.00 S 57562.50 S. -187.50 --------------------------------------- --------------------------------------- "" JAN 24% SUBURBAN RATE AUTHORITY BOARD OF DIRECTORS JANUARY 15, 1992 0 1991 NSP ELECTRIC GENERAL RATE CASE FINAL REPORT On January 28, 1991, NSP Electric filed an application with the Minnesota Public Utilities Commission requesting an increase in its Minnesota jurisdictional retail electric revenues of $98,200,000. This increase would have required, if granted, an average 8.1% increase in retail rates. The request followed the total denial, in 1990, of the previous NSP Electric request of approximately $120,000,000, primarily because of budgetary process failures, as perceived by the commission. As it has since the first NSP case in 1975, SRA intervened. We monitored this case, by attending certain hearings and proceedings, by following the progress of the proceeding by reviewing hundreds of documents filed by the parties, and by staying in contact with certain of the parties. It was determined that the initial filing and the subsequent amendments and party positions taken did not provide sufficient concern to expend funds to take a more active role. The Department of Public Service recommended a revenue increase of $63,500,000, and the Attorney General's Residential Utilities office recommended $53,000,000. Following a contested case hearing, the ALJ recommended $59,634,000. The MPUC granted a revenue increase of $53,460,000, requiring an average rate increase of 4.4%. NSP and several parties have applied for rehearing, but no substantial change is expected. Residential customers will get an average $3.00 refund, with prime rate interest, likely as a credit this summer. Commercial refunds will be substantially larger. NSP's rate of return on common equity is set at 12.1%, and a capital structure including 47.75 % of common equity. With the benefit of hindsight(and falling interest rates), this may be high. Of special interest to SRA, and a subject for future scrutiny, is the MPUC directive to NSP to investigate interruptible rate design. The company is directed to consult with interested parties, and this would certainly include the pumpers, who could benefit by increasing the number of and shortening interruption periods and, an the creation of such things as "shoulder" rates. A related favorable component of the Order is the requirement of NSP to design and submit in its next case (expected very soon) a multi-pEriod time -of -day rate. The rate is to be available at least to municipal pumpers. This directive is the fruit of previous efforts by the pumpers, supported financially and otherwise by SRA. You should follow this closely. Also of special interest, the maintenance of customer owned street lighting has been deregulated, meaning that cities can contract with others for maintenance. This is also my final report to SRA. I have thoroughly enjoyed helping SRA over the past 15 years. I strongly encourage member cities to continue to participate in rate• regulation matters, and to increase the level of effort. Very few arenas can provide the size of return on investment that is available through participation in these matters and the SRA. Glenn Purdue CIM ,JAN 2 4'92 BEFORE THE MINNESOTA PUBLIC UTILITIES COMMISSION Darrel L. Peterson Cynthia A. Kitlinski Dee Knaak Norma McKanna Don Storm . In the Matter of the Petitions of Certain Subscribers in the Exchanges of Zimmerman, Prescott, Waconia, Belle Plaine, North Branch, Lindstrom, New Prague, Cambridge, Hudson, Houlton, LeSueur, Cannon Falls, Delano, Northfield, Buffalo, and Watertown for Extended Area Service to the Minneapolis/St. Paul Metropolitan Calling Area Chair Commissiq Commissi Z, Commissit4hy, Commissioner ISSUE DATE: December 20, 1991 DOCKET NO. P-421, 405, 407, 430, 426, 520, 427/CI-87-76 ORDER ELIMINATING METROPOLITAN TIER RATE STRUCTURE OF U S WEST COMMUNICATIONS INC. AND ESTABLISHING COMMENT PERIOD TO CALCULATE NEW UNIFORM RATE PROCEDURAL HISTORY The Commission initiated its inquiry into U S West Communication's (U S West's) metropolitan tier rate design on March 20, 1987, in its initial Order in the Consolidated Metropolitan Extended Area Service (EAS) case. In that Order, the Commission raised the issue of whether the needs of the region were best served by U S West's existing tier rate structure. On June 20, 1989, the Commission issued another Order in the EAS case. In that Order, the Commission found that the U S West tier system continued to be serviceable and that questions regarding effective alternatives were beyond the scope of the metropolitan EAS proceeding. The Commission directed its staff to review the appropriateness of U S West's metropolitan tier rate design and advise the Commission on the need to initiate a separate proceeding to examine the issue. The staff report ordered by the Commission was submitted in February 1990. A supplemental staff report was submitted in November 1990 to discuss how U S West's tier rate structure was affected by new EAS legislation enacted April 27, 1990 and the Northwestern Bell Incentive Plan Case. The Commission met on December 4, 1990 to consider the tier rate design issue. The Commission issued its Order in that proceeding on December 21, 1990. The Order established a comment period and asked parties to identify the •legal -and policy issues the Commission should consider in determining whether to retain or change the current tier rate design. CIM JAN 2 4'92 In late January 1991, the Department of Public Service (Department), the Suburban Rate Authority (SRA), the Residential Utilities Division of the Attorney General's Office (RUD-OAG) and U S West submitted comments in response to the Commission's December 21, 1990 Order. The SRA and U S West submitted reply comments in early February `13991. The Commission met on May 23,'1991 to ,consider the comments of the parties. The Department, SRA and RUD-OAG recommended elimination of the tier rate structure; U S West argued for its retention. On June 18, 1991, the Commission issued its ORDER REQUIRING CERTAIN PARTIES TO FILE INFORMATION CONCERNING THE NEED FOR FURTHER PROCEEDINGS ON THE METROPOLITAN TIER RATE DESIGN OF U S WEST COMMUNICATIONS, INC. In that Order, the Commission instructed the Department, RUD-OAG, SRA and U S West to provide the following: (1) a summary of the available cost of service data that would be useful in evaluating the current metropolitan tier rate structure; (2) a description of the additional information or studies, if any, needed to evaluate adequately the current metropolitan rate structure; (3) an estimate of the cost to U S West of any additional studies needed to evaluate the current tier rate design and an estimate of how long it would .take to complete the studies; and (4) an estimate of the cost to (the parties] of further proceedings to review and consider replacing the metropolitan tier rate system. The Commission met on November 5, 1991 to consider the comments of the parties. FINDINGS AND CONCLUSIONS The tier rate system divides U S West's St. Paul/Minneapolis metropolitan service area into four tiers in concentric rings around the Twin Cities. Rates for local service increase proportionately from the inner tier, Tier I, to the outermost tier, Tier IV. Rates for a one-party residence currently range from $14.16 in Tier I to $17.89 in Tier IV. One-party business rates range from $42.48 in Tier I to $53.67 in Tier IV. The tier system was instituted in 1979 as a result of U S West's (then Northwestern Bell's) general rate case. The rates were. increased in U S West's general rate case in 1980; however, the basic tier design was retained and has remained unchanged since that time. 2 Cm JAN 2 4'% T�� c The rationale for the current metropolitan tier structure rests on two assumptions. The first of these is that the cost of transmitting an interoffice call' within the metropolitan area is distance sensitive. This means that the cost to U S West of transporting an interoffice call increases with the distance between the caller and the called party. The second assumption is that the interoffice calls of outer -tier customers travel greater distances than' the interoffice calls originating in tiers closer to the center of the metropolitan area. Therefore, presumably, subscribers in Tier Iv place a higher financial burden on U S West than those in Tiers I through III. Similarly, the customers in Tier III presumably cost the Company more than subscribers in Tiers I and II. The customers in Tier II would, following the same line of reasoning, cost the Company more than those who live in the first tier. The Commission finds' that the cost assumptions set forth above are no longer valid. Interoffice calling costs in the metropolitan area have fallen dramatically in the last 12 years due to the widespread introduction of fiber optic cable and computerized switching technology. As a result, the cost to U S West of transmitting an interoffice call now bears little relationship to the distance between,;:he caller and called party. The Company has confirmed' this,, indicating that the cost of interoffice calling no longer differs significantly among the four tiers. Therefore, the original cost basis for U S West's metropolitan tier rate design no longer exists. The Company has identified a number of non -cost factors as support for retaining the current tier design. Most of these focus on the importance of rate stability. Specifically, U S West argues that any change in rate design would (1) be contrary to .the rate -stability goal of its Incentive Plan, and (2) generate a large volume of complaints that would consume significant time and resources of both the Company and the Commission. The Commission recognizes that rate stability is one of the primary benefits of the Company's Incentive Plan. However, the Incentive Plan was never intended as an absolute bar to any modifications in rate design. The Commission recognized the possibility of rate changes expressly in its March 15, 1990 ORDER 1 An interoffice call is a call from a person served by one telephone switching (central) office to a person served by another central office. There are approximately 50 telephone central offices in the Twin Cities metropolitan calling area. An interoffice call first travels from the caller to the caller's central office. It then travels from the caller's central office to the central office serving the called party. Finally, it travels from the called party's central office to the called party. The interoffice usage cost is the cost of transmitting a call from the central office serving the caller to the central office serving the called party. 3 CIM A 2 4,92 DETERMINING DISCOVERY MOTION, stating. the following with respect to the Incentive Plan: .Although adopting the plan would preclude the Commission from ordering the Company to initiate a general rate case for the life of the plan; it would not preclude an investigation into individual rates under Minn. Stat. 5 237.081, subd. la. The Commission is also aware that any increase in rates resulting from the elimination of the tier structure may create disaffection among some customers and generate complaints. This, however, is not an uncommon consequence of a change in rates. The relevant question is not whether some individuals will react adversely to the change, but whether the change is justified. The change ordered in this proceeding is clearly justified since the current rate structure is no longer supported by acceptable cost data. Rate stability alone is not sufficient to maintain a rate structure that no longer finds support in the rationale for its creation. Retaining the tier system solely to avoid the disruption of a change in rates would suggest that a particular rate design, once adopted, must become a permanent fixture even if the original basis for the rate structure has disappeared. The Commission rejects this notion for obvious reasons. U S West has offered several other non -cost considerations as support for the current tier structure. Included among these considerations is concern for low income subscribers in St. Paul and Minneapolis whose rates would increase if the tier structure were eliminated. Also included is concern that elimination of the' tier structure would exacerbate the disparity between Tier IV customers and Extended Area Service (EAS) subscribers living just beyond the limits of the metropolitan calling area. The Commission shares the Company's commitment to affordable - service, but hastens to point out that low income families in the Twin Cities area do not reside exclusively within the city limits of St. Paul and Minneapolis. Many low income families live in the outer -tiers and they will benefit from the elimination of the tier system. Moreover, there is no evidence in the record to suggest that the small increase in Tier I rates resulting from elimination of the tier structure would place an undue financial hardship on low.income subscribers in Tier I. If rates in the metropolitan area are replaced by a uniform rate on a revenue neutral basis, the increase in the monthly rate -for residential customers in Tier I will be approximately 50 cents. In contrast, the decrease in the rate for Tier IV subscribers will likely exceed three dollars. The reduction in Tier III rates will probably exceed one dollar. As such, the benefit to outer -tier customers of eliminating the tier system should exceed any harm to their counterparts in the cities. The Commission understands the Company's reluctance to widen the gulf between outer -tier metropolitan rates and EAS rates. The Commission simply stresses that EAS rates are determined through 4 GIM A 2 4'92 =- �D a distinct statutory process according to a statutorily prescribed formula. The EAS statute is intended as the mechanism for determining EAS rates, not as a basis for setting rates in the metropolitan calling area. Therefore, EAS rates are irrelevant to any consideration of the reasonableness of the metropolitan tier structure. The tier design must stand or fall on its own merit. The tier structure creates a substantial disparity between the rates of customers in the inner-most tiers and their counterparts in the outer-most tiers.2 Since the original cost basis for the tier design no longer exists, this disparity is no longer justified. U S West suggests intraoffice facilities costs as justification for the tier design. These are the costs associated with installing and maintaining the equipment (primarily wiring) that transmits calls between subscribers served by the same central office. U S West asserts that these costs are greater in the outer -tiers because the average length of the wire connecting a customer to his or her central office increases in proportion to the distance of the central office from the center of the metropolitan area. The Commission recognizes that the average length of the wire or "loop" is longer in suburban and rural areas that it is in the urban core of the metropolitan calling area. Loop length, however, is not the sole determinant'of intraoffice facilities costs. More important, any differences in these costs have traditionally been spread among all ratepayers and have not been reflected in rates. Instead these costs have been averaged throughout the state. This is part of a long-standing policy to promote universal service and ensure equitable rates among customers within each customer class. The Commission sees no reason to depart from that policy in this proceeding. Absent its original cost basis, the tier system of rates should be eliminated and uniform rates established by customer class throughout the Twin Cities metropolitan area. ORDER 1. U S West shall replace the current tier rate design in the metropolitan calling area with a uniform rate for residential customers and for business customers by class of service. 2. Within 90 days of the date of this Order, U S West shall calculate and submit its new uniform rates. These new rates must be revenue neutral. 2 Currently, a U S West subscriber in tier IV pays 26% more than a tier,I customer for the same service. 5 "' JAN 2 4192 7 3. Within 90 days of the date of this Order, U S West, the Suburban Rate Authority, the Department of Public Service, the Residential Utilities Division of the Attorney General's Office and other interested parties shall submit comments regarding the form and scope of the notice.that must be given before implementing the new uniform rates. 4 4.- All parties shall have 30.days from the date of the Company's filing to file comments on the proposed rates. 5. This Order shall become effective immediately. BY ORDER OF THE C MMISSION Qi hard R. a aster Executive Secretary (S E A L) 11 Cllr JAN 2 4'92 1992 CITY COUNCIL APPOINTMENTS AGENCIES AND BOARDS 1-6-92 1. Special Assessment Committee City Council Annual James G. Willis Fred Moore 2. West Hennepin Human Services Planning Board (2 yr. terms) Anita Vogel 1/93 Vacant 1/94 3. Northwest Hennepin Human Services Council (2 yr. terms) Christina Stomberg - Executive Committee (6/91)12/31/93 Linda Dieleman - Advisory Committee 12/31/92 Mary C. Dolan - Advisory Committee (6/91) 12/31/93 4. Northwest Suburbs Cable Communication Comm. Kim M. Bergman (Council representative) Ongoing James G. Willis (Staff representative) 5. Northwest Suburbs Community Access Corp. (2 yr. terms) James G. Willis 2/93 Helen LaFave 2/94 6. Minneapolis Police Recruitment System Public Safety Director Ongoing Dennis Paulson (Alternate) 7. Suburban Rate Authority. (1 yr. terms) Fred Moore (Director) 12/31/92 Kim M. Bergman'(Alternate) 12/31/92 8. Bassett Creek Water Management Commission (3 yr. terms) Fred Moore (Director) 1/31/93 John Sweeney (Alternate) 9. Elm Creek Watershed Management Commission (1 yr. terms) Fred Moore (Director) 1/31/93 Vern Peterson (Alternate) 10. Shingle Creek Watershed Management Commission (3 yr. terms) Fred Moore (Director) 1/31/93 John Sweeney (Alternate) VM A24�� 11. School District 284 Community Education Advisory Council (2 yr. terms) Lynes Getten 7/1/93 Mary Patterson-Bisek 7/1/94 12. School District 281 Joint Powers Agreement Eric Blank Ongoing 13. School District 284 Joint Powers Agreement Eric Blank Ongoing 14. Lake Region Mutual Aid Association Fire Chief Ongoing 15. North Suburban Mutual Aid Association Fire Chief Ongoing 16. Fire Training Center Joint Powers Agreement Fire Chief Ongoing 17. League of Minnesota Cities Study Committees Public Safety and Personnel - Frank Boyles Ongoing Revenue Sources - James G. Willis 18. Municipal Legislative Commission (1 yr. terms) Kim M. Bergman 12/31/92 James G. Willis 12/31/92 19. Association of Metropolitan Municipalities Study Committees Ongoing General Legislation - Frank Boyles Transportation - Frank Boyles Municipal Revenue - James G. Willis Solid Waste (with LMC) - Dick Pouliot 20. Association of Metropolitan Municipalities Legislative Contact Kim M. Bergman Ongoing Carole Helliwell 21. Wayzata/Plymouth Area Chemical Health Commission' Maria Vasiliou Ongoing 22. West Suburban Mediation Center Board Paul J. Wirtz (6/91) Ongoing 23. Environmental Cities Coalition Maria Vasiliou Ongoing 24. Plymouth Civic League John Edson 1/31/93 CIM JAN 2 4'92 �%0 1-6-92 1992 CITY COUNCIL APPOINTMENTS COUNCIL COORDINATING REPRESENTATIVES 1. Independent School District No. 279 Carole Helliwell Annual 2. Independent School District No. 281 John Edson Annual 3. Independent School Districts 270 and 284 Joy Tierney Annual 4. Park and Recreation Advisory Commission John Edson Annual 5. Planning Commission Maria�Vasiliou Annual 6. Board of Zoning Adjustments and Appeals Kim M. Bergman Annual CIM JAN 2 4092 a:-,• � Ca PARK i RECREATION ADVISORY COMMISSION - CITY OF PLYMOUTH 1/24/92 Name and District Telephone jWjtoi� Term Exuires Donald Anderson,.Chair At Large R. 545-3608 7/85 1/31/95 417 N. Union Terrace Ln. Plymouth, MN 55441 Marlene Waage, V. Chair Dist. #1 R. 559-8222 2/90 1/31/95 13925 - 61st Ave. N. 0. 545-1683 Plymouth, MN 55446 Mary Kay Watson Dist. #2 R. 449-0446 6/91 1/31/93 1500 Terraceview Lane 0. 449-0447 Plymouth, MN 55447 Thomas Johnson Dist. #3 R. 557-0822 6/91 1/31/94 2345 W. Med. Lake Dr. 0. 638-6352 Plymouth, MN 55441 Mark Wahl Dist. #4 R. 553-9563 6/91 1/31/93 11640 52nd Ave. N. 0. 482-3886 Plymouth, MN 55442 Wyatt Gutzke At Large R. 449-8906 6/91 1/31/94 17410 12th Avenue No. 0. 559-1859 Plymouth, MN 55447 Vacant At Large 1/31/94 Eric Blank, Director of Parks and Recreation John Edson, Council Coordinating Representative Meetings are held the second Thursday of the month at 7:00 p.m. in the Council Chambers. Members are appointed for three-year terms expiring January 31st of that year. The Chairman shall be appointed by the Commission and confirmed by Mayor from among the members of the Commission and shall serve for a term of one year. C'm JAN 2 4'92 1 c�I Li o- p 1 `t.. j rrm o u f1l, Yv, ry SSy r' . GL n CUs �-,-h o w k D w c C w c. LAJ 2,i7 4-j) e- , -ems Ca s rn %-&sS c -ri Q,,s Ci j - /� 5p ec-tor - � NQS Sb pr -o ' ss "a7 cam/ of c-pprocLc-J--)a-bJc . It,� �'Zl -f' he WGz-t5 "u 11 Cori C_c--n c -a o Lkt 4h e Sc - �' o�-r- -�c 1 y re la.. -i1 or) :5j6,,p e Gori sit cwt ori a -f p r- h orn e ,E, hao! very h d p-fwl i d ea.s acct h -ac/ 5 Lic�, n i Ge, je %f very c o ry) 40rt-ajj)e -)16�J CC GI d Ct sL his C�)r7 ��or� on �i re. p% a cc- 13-e-, b e &r—e, i r) s La ver1 u ck �1 `' �j =h=a vc, workca w �L, �iim rs o, qq ra-t 4,SSe t ci f-c� 0 P VM o LA- - - . �J Th a. q k -- r m a k kt ou-r / w/ u expcy-1 e Ccs a, qo 00/ . on Jerry �- Sa.n�.y /%ell CIM A24M JCtnuary 23, 1992 Rayor Kim Bergman City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Payor Bergman, I am writing you to make you aware of the superb job your Departments of Fire and Police are doing for our city. The house next to me burned Monday, January 13th. I was called on the phone, the Police were at my door, and I was guided quickly from my home to the ambulance so I could stay warm. There were many fire rigs there, and the way they performed their ,jobs was both admirable and professional. They were caring enough to protect everything of value with plastic so as little damage as possible would be done. They stayed on the scene until there was absolutely no danger of a reoccurence. They should be commended for the great job they did. We are lucky to have them, and I am deeply grateful. My hat's, off to - your crews. Sincerely, cc: Dave Burke ��)O CIM JAN 2 4'92 INF; 1-IETR0 REQ: 1011 6 TEL : F. — 772-79 177 jars 17 92 1? :4101 110 .110E F'.02 January 13, 1992 (JAN ECEIVED 171992 Commissioner Rodney Sando �p�rMQUTH Department of Natural Resources500 LaFayette Road St. Paul, Minnesota .55155 6 8 L Subject: Northwest Boulevard/Schmidt Lake Road Project, Plymouth Dear Commissioner Sando: In July 1991 I appeared before the Environmental Quality Board (EQB) on behalf of three citizen groups seeking the EQB's help to obtain a fair and impartial determination concerning the future alignment of Northwest Boulevard as it passes through residential areas of the City of Plymouth. After listening to presentations from the parties the EQB agreed that the Department of Natural Resources (DNR) would conduct an objective permitting process to consider the impact of the two alternative alignments, "AD" and "AE". While the the citizen groups were delighted that your agency would conduct an objective review to determine the road's alignment I pointed out that the City was represented at the EQB by two outside law firms and stated that the citizen groups would be hard pressed to match the time and money that the City could devote to the DNR permitting process. In response to my concern you stated that the DNR would assure that an objective and fair process was conducted. Until December 16, 1991 when permit number 91-6185 concerning the alignment of Northwest Boulevard was issued I was under the firm belief that the DNR was conducting a permitting process giving full consideration -to the requirements contained within the Minnesota Environmental Policy Act (MEPA). However, the December 16, 1991 decision, which reverses the draft decision issued oil November 20, 1991 appears to be a compromise by the DNR to avoid future litigation with the City of Plymouth. am ,MQ 4It. [11AR, I--•IETRii REGION 6 TEL :t612 -772--7,-j77 Letter to Commissioner Sando Jan 17 92 13:40 flo.i OE-, F.N Page 2 I realize that reasonable people can differ concerning highly contested issues_ However, a reversal of a previously stated position without a material change in the facts raises questions of objectivity concerning. the permitting process. In support of my conclusion that MEPA has been compromised to avoid future litigation I offer the following chronology for your review and consideration: 1. May 30, 1990 - DNR representatives express a preference for the "AE" alignment during meeting with representatives of the City of Plymouth. 2. May 20, 1991 - DNR, in a Ietter to the City of Plymouth, questions the City's "AD" alignment for Northwest Boulevard as the most environmentally appropriate alignment. 3. November 20, 1991 - After receiving extensive information from the City of Plymouth and its consultants a draft permit was issued using a modified "AE" alignment as the preferred alignment for construction of Northwest Boulevard. 4. November 27, 1991 - DNR representatives meet with City of Plymouth to discuss draft permit. Jim Thomson and John Herman, lawyers from two separate . law firms, were the only City representatives in attendance. 5. December 12, 1991 - DNR meets with City of Plymouth and citizen group. John Stine asked the city manager if a permit was issued for the "AE" alignment would the City litigate? The city manager, Mr. Willis, stated that the City would initiate litigation. At the end of the meeting Mi. Stine indicated that no new information had been presented to the DNR for its consideration (See notes from Dave Barstad consisting of seven pages.). 6. December 13, 1991 - DNR notifies City of Plymouth that permit for "AD" will be approved. 7. December 16, 1991 - DNR issues final permit reversing draft permit issued on November 20, 1991. CIM - JAN 2 4'92 DNR 1-1ETR 0 REG 101.1 6 TEL : 612-7 7 2-7977 Jan 17 S{2 13:41 I-Ao . is 0�-: P.04 Letter to Commissioner Sando Page 3 As you can see from Mr. Barstad's detailed notes concerning the December 12, 1991 meeting the DNR and the City were posturing concerning the future administrative review of a permit using the "AE" alignment. The notes demonstrate that the DNR was concerned about future City action if the "AE" alignment was the final alignment chosen by the DNR. Demonstrating the realities of life, the DNR dict not ask the citizen group present whether it would take future administrative/judicial action if the "AD" alignment was chosen. I believe the lack of questions concerning citizen action is reflective of the concerns I raised in. July 1991 that the "Goliath" in these situations are the cities which ironically are the very institutions empowered by state law to act as objective decision makers. The chronology of events I have listed above brings into question the objectivity of the final alignment selected by the DNR. As I indicated to you in July 1991 the citizen groups are looking for objectivity and will live with a selection that is based upon a fair and reasonable evaluation. I request you review the logic used to reverse the November 20, 1991 draft permit; that you make public the rationale that was the basis for the decision reversal; and, you thoroughly explain your position to the EQB (MEPA, 116D.04 subdivision 6). I know that the demands of your position are significant and I appreciate you taking the time to review this subject with your staff and the EQB. Sincerely, /. John M. Leahey, Jr. 5435 Sycamore Lane Plymouth, Minnesota 55442 Daytime phone: 542-5456 Enclosure: Barstad notes, 12/12/91 cc: See attached. CIM A 2 i1 #92 MAR 1°lETRO REG I i SIA C, TEL : L-,12-772-7977 Letter to Commissioner Sando cc: Robert Dunn, Chair Environmental Quality Board 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 Greg Downing Environmental Quality Board 300 Centennial Building 658 Cedar Street St. Paul, MN 55155 John L. Stine Regional Hydrologist Department of Natural Resources Division of Waters 1200 Warner Road St. Paul, MN 55106 Ceil Strauss Area Hydrologist Department of Natural Resources Division of Waters 1200 Warner Road St. Paul, MN 55106 John Stemper (Bass Lake I4eights) 12925 54th Avenue North Plymouth, MN 55442 Sue Coyne (Bass Lake Woods) 5515 Sycamore Lane Plymouth, MN 55442 Bryan Sykora (Meadows of Bass Lake) 4970 Quinwood Lane Plymouth, MN 55442 Kim M. Bergman 13930 60th Avenue North Plymouth, MN 55446 Jars 17 92 1 a 1 No .1-) 0 8 R. 05 0=%ZA-I Page 4 CIM JRN 2 4 v. r, D 11 P 1-1 E T R Cl R E G 10 [A TEL C-122-772-7977 A/0 lits /� --C2/ AIR Jan 17 92 1:. 42 UrLv-cl UZ A4 Z Ac -74- �J�tVL cim JM24VA . UfAR I-IETRO REGION 6 TEL:612-772-7977 Jan 17 92 13:42 h•!ii.u�J?� F',i1 =-baa. 12-11z/9i. It ntil�.v�2��.z'`cc:�i�c twit 6ju� lh-a,- "'7" t ai- 'du�v-ke mae. F;4to U OW 7Lb U-Iil ak.L V12&L g� /c/ca0i, LjQ- ZZY/ (5., CIM JAN Z 412 NAP I-IETRO REGIOIA TEL 612-772-7977 J.1n 17 `j2 1. 43 1••1u .00- P.0P, co l��-c..�tco �`i•�-tc.f��.� C�ti� SLR M- % a4%.. �� C'c�l Cr° titit.�.�� �'L��.� �.e��.�c�.c.- � rti. `7f"�c� ��c.�•��� x) tie,u��- �7�, s�L 20 y,- C'.�-ctivc� �' �l..I�.�/� � l��c.f•�C-C ,j �.�"J•L:t-C..C�• /vG� [.,lL �!t GU �• TC`� ✓jam i' /[�- ��4��9C.C?�L 7`�•�lc.�' �L;..c.�F� 11.%L�.. -/4tr 2t-- -Al uaIZ ✓Ptk- Z- --*�Aci2r-4,f-/ flu; ��� ����� ✓I�� ��' �`L ��� � P-AVI, 04f'ot�4j,�ovt *WC,, Mlt-z-4- 010 ,��,ti C2.��-� �Z.L � 2�1�4..• /r���•t,,��9-C{c.ZL�t:��s.L- �i.� 40 lL.- 7rr l•�c'1�21�1z�� Cc. ✓lam �sz �� -mv CIN JAN 2 4 V DIAR 1IETRO RE,�IOI•.1 TEL x:12 -?7_-r9 Jars 17 �_1'2 1 a3. 11o.uCr.� P.Ci'_I �-,u �'��.ur-� ��'c�li, d- �tiZt'zt" �t-tcL(�G�•L��.fi:sti. C-rc.• �ys�c,or,�C C��.u�,;.c. �r�0..co�) ��- �A C7 1 U Z•" r, 6i'A male-ee bAJr� tic .•c,�.. Ccs( c -t" amu• orf~ S G•��- d .r hc. �' �i.�,. ..,c.M.e•��•c�Q�--�' l.•(Jlu.� Clift=u-i�_ yruc. C� !r "W yel- ul t c�--}G(l'�% U L� elm E T R 0 RE 1-3 10 1--1 T E L 12-; 2— 7 7 J ma n 17 -,-:12 1 44 11 o P 1i1 JU7 ILI —T7LIL C. ' T ,4t- L2 VL Lie/ kia- Ave4tll- 0-,&Me-�4 q4tL. a-e-ttilL 15�- �7 Tdc cim JAN 2 492 5 DIAR I---IETF:G REGIOIA E. TEL F..1 -;?2- -17 tan 17 .;_,1 1.. 44 1•-lo.u1*1:_ F'.11 M-1741 y(� o, tLL (/ ll AVW-, �� li4.CC>.- �������Q - �f ae%E.c�c.c.,. �;9-L•7.k��� G�-s�c.-:�'-.- . GI -AR i°IETR0 FEG1011 +_. TEL +:.1 - 7`!- 971 -7 Ja.n 1 4'D racy r . 12 7-6 �` /�t� ✓l�..ti�t,�- amu. ���•���?.L- 2�c� �-�-��-� "c.�-e- LC-(�t� •+ (/v . ry ✓l�ZC�- 2.tL4 �G�'i�C�}?� c�Cl y Aa 7.,7-1 l . l, � cim JAN 24v J =�- ka)o January 17, 1992 Mr. Jim Willis City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim, Thank you very much for the prompt, comprehensive and extremely positive response to my inquiries on City policies related to recycling, environmentally -friendly products, land use, trees and energy efficiency. The Source Reduction Plan is excellent and is to be commended. I'm sure it will prove very successful and economically wise. The suggestions on which individuals to contact for specific additional questions is very appreciated and I intend to do so. Do check with the City's printing providers on the soy or vegetable-based inks. Pricing should be virtually the same, all PMS colors are available and the ink is much friendlier environmentally. It does not release volatile organic compounds (VOCs) into the atmosphere when drying and is more easily removed when de -inking recycled paper. Your comment on non-use of ethanol -blended fuel is surprising. I will assemble and forward a packet of information that should remove any lingering concerns about using this fuel. The mandated use of oxygenated fuels beginning in November has raised public awareness of these products and their benefits. We can revisit that issue in the future. Price certainly can be a factor, although I typically have not had to pay more for the ethanol -blend I use in my Chevy pickup. Again, thank you for a thorough and timely response. It is very appreciated Jim. Sincerely yours, David Shea 14610 13th Ave. North Plymouth, MN 55447 476-1077 v CIM JAy 2.4'92 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 17, 1992 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Directo4l"', SUBJECT: REIMBURSEMENT TO CITY FOR INSURANCE PREMIUM PAYMENT In a telephone conversation with Councilmember Vasiliou, I confirmed that she had reimbursed the City for all payments that were made to her in 1989 in lieu of medical insurance. These payments that were made to her, were deducted from her Councilmember payroll checks during the first part of 1990. I also confirmed to her that I had overlooked the fact that she is presently taking single medical coverage under the City's plan. In a previous memo to you, I had indicated to Councilmember Helliwell that Councilmember Vasiliou was only taking single dental coverage. CIM JAN 2 492 January 18, 1992 Mr. James Willis City Manager 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis: Although I disagree with Plymouth's policy regarding damage to property and negligence, I thank you for making an exception with respect to the repair of my mailbox. Sincerely, Paula A. Vennes CIM JAN 241-15-22 January 7, 1992 Joy Tirney 17915 20th Ave North Plymouth MN 55447 John Edson 4335 Forestview Lane Plymouth MN 55442 Subject: Schmidt Lake Road Alignment North of the area between Quantico Lane on the West and Ithica Lane on the East (Portion of City Project 907) Dear Joy and John: Congratulations on your election to the Plymouth City Council. The purpose of this letter is to provide you background information regarding an upcoming decision on the alignment of Schmidt Lake Road in the subject area. In 1990 residents representing more than 200 petitioners requested that the city council consider a straighter route for Schmidt Lake Road. At the November 19, 1990 council meeting, it was agreed that representatives from the city, the DNR, the engineering firm and area residents would walk along the planned and the proposed routes. After this walk the area representatives.met with the Director of Public Works, Fred Moore, and property owner/developer, Gary Laurent. From this meeting the area representatives established a more definitive route, which was submitted to the city in February, 1991. In May a Street Alignment Study was prepared by the firm of Bonstroo, Rosene, Anderlik and Associates. Following this report and discussions at the June 17 city council meeting, the mayor, council members and city employees, Jim Willis and Fred Moore, viewed the property from one of the homes adjacent to the planned route. In July the area representat�-✓es again appeared before the city council to discuss the alternative routes. At that time, the council instructed the city to work with the property owners and the area residents in establishing a route. In September the city purchased the wooded area and wetlands east of Minnesota Lane. In December, an Environmental Assessment Worksheet was completed and is now being reviewed. In the engineers' Street Allignment Study and the Environmental Assessment Worksheet, the route originally planned by the city is designated as alternative 1 and the route proposed by the residents is designated as alternative 2. The residents' recommended route places the road approximately 250 feet north of the southern most point of the city planned route. A map of the areas and the alternative routes is attached. Besides moving the road away from the existing homes, this placement also: uses more open and less wooded areas along the entire east end, resulting in less destruction of mature trees (1.3 acres); CIM A241,10-3 %at, reduces the horizontal curve resulting in a straighter, safer roadway; eliminates much of the off-road headlight glare due to the straighter route; significantly reduces the effect of automobile noise and dust levels on the existing homes; preserves the treeline which is the only natural barrier north of Tyrell 9th Addition; provides space for a berm and landscaping along Outlot E. The resident representatives have appreciated the City Council's positive support during 1991 in the process of establishing an alignment for Schmidt Lake Road that sati5iies the needs of the home owners, land owners and other city residents. Your careful and thoughtful attention to this important topic in the weeks and months ahead will be most appreciated. A neighborhood representative will contact each of you shortly to provide additional information. If you have question please contact Tish Callahan at 550-1180 or Gary Doyle•at 557-1112. Sincerely your, Schmidt Lake Road Neighborhood Representatives cc: K. Bergman C. Helliwell M. Vasiliou CIM A 2 412 !JAN 2412 HT HENNEPIN [J H HENNEPIN COUNTY LIBRARY ADMINISTRATIVE OFFICES RIDGEDALE DRIVE AT PLYMOUTH ROAD 12601 Ridgedale Drive . Minnetonka, Minnesota. 55343-5648 (612)541-8530 January 17, 1992 Jim Willis Plymouth City Manager 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mr. Willis, The following excerpt is from the Hennepin County Library Board Meeting Minutes of December 12, 1991 which were approved at the Library Board meeting held Thursday, January 16, 1992. PLYMOUTH R. Rohlreported that Plymouth City Manager Jim Willis informed the library that the City of Plymouth now has title to the site and has deposited the amount that the City Appraiser determined that the site was worth with the Court. The Condemnation Commission has been selected and they will make the final determination of the value of the site. Jim Willis indicated that the city will convey the land to Hennepin County Library when a site plan has been developed and reviewed by the city as part of their normal planning process. Any surplus land will then be determined subsequent to the approval of the site plan for the library site by the Library Board, the Board of Commissioners and the Plymouth City Council. Acknowledgement was made of the death of Bob Zitur, Plymouth City Council member, and condolences to his family and colleagues were expressed. The next Library Board Meeting is scheduled for Thursday, February 27, 1992, and will be held at the St. Louis Park Community Library. A postcard notice will be sent to you closer to that date. Sincerely, ✓ la, Robert H. Rohlf, Director ar HENNEPIN COUNTY, A244M an equal opportunity employer January 24, 1992 Dear Plymouth Business: The City of Plymouth and the TwinWest Chamber of Commerce are pleased to announce that Opportunity Workshop has opened a new assembly and packaging operation in Plymouth at 10000 51st Avenue North in the Ryan Business Park. Since 1953, this twin city -based nonprofit organization for adults with developmental disabilities has provided professional quality subcontract packaging work for hundreds of local and national companies. During that time, thousands of individuals with disabilities have obtained dignity and self-sufficiency in the process. The brand new 21,000 square foot building includes an assembly and packaging plant with capabilities for shrink wrapping, blister packaging, poly bagging, collating and skin packaging. J Your business can benefit by working with Opportunity Workshop in the following ways: * Help with your packaging or assembly projects. -One hundred plant workers will help you through your busy times. * Start-up packaging for your new products without investing in expensive equipment. * Long-term subcontract assembly and packaging for current products. This can reduce your need for facility and administration, and let you concentrate on marketing. The site has its own warehouse and complete facilities for shipping and receiving. If you need to have work done at your own location, Opportunity Workshop can also provide you with capable assembly and packaging workers, or other highly motivated individuals who can fill a number of other types of positions including entry level clerical work, warehouse help, stocking of shelves and similar work. Learn more by calling Opportunity Workshop today. Ask for John Thompson or Stan Mustanski at 938-5511. And join us in welcoming this new business to the City of Plymouth! Sincerely, Kim M. Bergman Mayor Larry Dowell, President TwinWest Chamber of Commerc m 2 �,na 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 January 22, 1992 SUBJECT: REQUEST TO SHARE INFORMATION WITH YOUR MEMBERS Dear President: s- \a J^... The City of Plymouth has two important events on the horizon. Please use your association newsletter, or other means available to you, to share this information with your members. Charter Commission Meeting As you may know, the Plymouth Charter Commission is studying whether it is advisable to recommend a city charter. It recently held a public forum on the subject and has now planned a second meeting on Monday, February 10, 7 p.m., at the City Center to hear additional public comment. The Commissioners would very much like to hear from, as many citizens as possible. The attached news release gives additional information on the meeting. Please share this information with your members. Plymouth Fire and Ice Festival The fourth annual Plymouth Fire and Ice Festival is slated for Sat., Feb. 1, 2 p.m. - dusk, at Parkers Lake Park. This is a great day of free, family fun -- and a true community event. I have enclosed a second news release on the festival. As always, I appreciate your help in sharing this information with your association's members. Sincerely, Helen LaFave Communications Coordinator CIM JAN 2 egg 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 U FOR IMMEDIATE RELEASE FOR MORE INFORMATION January 21, 1992 Frank Boyles, 550-5013 CHARTER COMMISSION TO HOLD PUBLIC INFORMATION MEETING The Plymouth Charter Commission will hold a meeting on Mon., Feb. 10, 7 p.m., at the Plymouth City Center to hear additional public comment on the benefits of a city charter versus the present statutory designation. This is an important meeting for the public to attend to share its views. The meeting is a follow-up to a public discussion which took place at the January Charter Commission forum. "Now all interested Plymouth residents are being asked to share their thoughts on this subject with the Charter Commission before it decides whether or not to proceed with drafting a charter," said Assistant City Manager Frank Boyles. The Charter Commission is tentatively scheduled to decide in March whether it advisable to proceed with the drafting of a city charter. If the Commission drafts a city charter, the voters must vote. on whether or not to adopt the charter. Home rule charter cities can exercise any powers that their locally adopted charters give them as long as those powers do not conflict with state law. A city charter would define the specific framework, operating procedures and regulations associated with Plymouth municipal government. CIM A 2-410-22 IV Plymouth currently operates as a statutory city. Statutory cities derive their powers from state statutes and only have those powers specifically granted by state law. If you are unable to attend the meeting but wish to share your thoughts, you may do so by: 1) Writing a letter to the Plymouth Charter Commission, 3400 Plymouth Blvd. 55447; or 2) Leave a voice message on the city's 24 hour customer service line, 550-5062. GIM A Z4 Or- January 21, 1992 Dear Mayor: I have recieved a letter from the Mayor of Stillwater regarding the wish of a seven year old boy, Craig Shergold. His wish is to become an entry in the Guiness Book of World Records as the individual who has received the largest number of "Get Well Wishes" ever. Craig has a brain tumor and has a very short time to live. Will you please take a moment to send Craig a get well wish? The cards should be sent to: Craig Shergold c/o The Children's Wish Foundation 3200 Perimeter Center East Atlanta, Georgia 30342 Please add your list of ten agencies to the enclosed pages and send this information. Your efforts will help the Children's Wish Foundation make Craig's wish come true. Thanks for your help. Sincerely, Kim M. Bergman Mayor Plymouth, Minnesota CIM JAN 24T 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 • v January 21, 1992 Dear Mayor: I have recieved a letter from the Mayor of Stillwater regarding the wish of a seven year old boy, Craig Shergold. His wish is to become an entry in the Guiness Book of World Records as the individual who has received the largest number of "Get Well Wishes" ever. Craig has a brain tumor and has a very short time to live. Will you please take a moment to send Craig a get well wish? The cards should be sent to: Craig Shergold c/o The Children's Wish Foundation 3200 Perimeter Center East Atlanta, Georgia 30342 Please add your list of ten agencies to the enclosed pages and send this information. Your efforts will help the Children's Wish Foundation make Craig's wish come true. Thanks for your help. Sincerely, Kim M. Bergman Mayor Plymouth, Minnesota CIM JAN 2 4'92 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Plymouth currently operates as a statutory city. Statutory cities derive their powers from state statutes and only have those powers specifically granted by state law. If you are unable to attend the meeting but wish to share your thoughts, you may do so by: 1) Writing a letter to the Plymouth Charter Commission, 3400 Plymouth Blvd. 55447; or 2) Leave a voice message on the city's 24 hour customer service line, 550-5062. `ZON. ter' � a r THE BIRTHPLACE OF MINNESOTA January 9, 1992 To Whom It May Concern: 1 M -k a►�.. We have received a letter from the city clerk of Richardson, Texas regarding the wish of a seven year old boy, Craig Shergold. His wish is to become an entry in the Guiness Book of World Records as the individual who has received the largest number of "Get Well Wishes" ever. Craig has a brain tumor and a very short time to live. Will you please take a moment to send Craig a get well wish? The cards should be send to: Craig Shergold %The Children's Wish Foundation 3200 Perimeter Center East Atlanta, Georgia 30342 Please add your list of ten agencies to the enclosed pages and send this information. Your efforts will help the Children's Wish Foundation make Craig's wish come true. - Thank you for your help. Sincerely, Wally Abrahamson Mayor Stillwater, Minnesota CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 C� A 0 The City of Stamford, Texas has sent letters to: City of Lueders, Texas City of Haskell, Texas City of Hamlin, Texas City of Tye, Texas City of Clyde, Texas City of Wylie, Texas City of Abilene, Texas City of Albany, Texas City of Breckenridge, Texas THE CITY OF LUEDERS,TEXAS HAS SENT LETTERS TO: Hendricks Home For Children, RT. 1,Lueders,Tx. CITY OF ANOKA,MINNESOTA CITY OF DULUTH,MINNESOTA CITY OF EDINA,MINNESOTA .CITY OF FOREST LAKE,MINNESOTA CITY OF LINDSTROM,MINNESOTA CITY OF STILLWATER,MINNESOTA CITY OF NORTH BRANCH,MINNESOTA CITY OF ROSEVILLE,MINNESOTA CITY OF SAINT PAUL,MINNESOTA CITY OF MINNEAPOLIS,MINNESOTA THIS BRINGS THE TOTAL AGENCIES TO 309. The City of Stillwater, Minnesota has sent letters to: City of Afton, Minnesota City of Bayport, Minnesota City of Oak Park Heights, Minnesota City of Woodbury, Minnesota City of Vadnais Heights, Minnesota City of Maplewood, Minnesota City of New Ulm, Minnesota City of Oakdale, Minnesota City of Plymouth, Minnesota City of Princeton, Minnesota The City of Plymouth, Minnesota has sent letters to: City of Minnetonka, Minnesota City of Rochester, Minnesota City of Burnsville, Minnesota City of Albert Lea, Minnesota City of Eden Prairie, Minnesota City of Eagan, Minnesota City of Moorhead, Minnesota City of Hibbing, Minnesota City of Fargo, North Dakota 79533 0M 024' A v ..i....� % Q�` January 16, 1992 Dear City Council M4ember: The week of Jan. 19-25 is Jaycees week.' The theme is Volunteer - Jaycees for America. Plymouth has a chapter of Jaycees with 30 members—ages 21-39. As a council member we ask your help in referring young people to our group. The goals of the Plymouth Jaycees are as follows: 1. Leadership training through Community Service. 2. Projects to benefit Plymouth citizens and youth. 3. Individual development projects for members through a series of professional guest speakers. You may have heard about our past projects. They include Bi- cycle Safety Seminars, City WasteDisposal Day, Sandbox Fill, "Run, Punt and Pass, Winter Clothing•Drive and'Holiday Lighting , Contest. Future planned projector include: 1. Paws with a Cause (raise money for a trained dog for dis- abled Plymouth child). 2. Financial Planning Seminars 3. Voter Registration Campaigns 4. Plymouth Area Food Drive 5. Sandbox Fill Plymouth Jaycees meet the first thursday monthly at Plymouth City Center at 7 p.m. For information call Randy Stocker, President 550-1744. WE welcome Your suggestions and referrals. hanks for your assistance. Sincerely, Kathy Weber Vice President of Publicity;` Plymouth Jaycees CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: January 22, 1992 TO: City Employees FROM: James G. Willis, City Manager SUBJECT: PUBLIC SAFETY DIRECTOR SELECTION PROCESS During the past two days we have been busily engaged in the selection process for the Public Safety Director position. Six candidates were involved in this phase of the selection process. As a result of the work of the last two days, we have now narrowed the field of finalists candidates to three. The finalists are: 1. Ted Brown, Deputy Chief of Police - St. Paul 2. David Dobrotka, Deputy Chief of Police - Minneapolis 3. Gary Konzak, Police Chief - LaGrange, Illinois The three finalists candidates will be further screened during the week ahead. I hope to be in a position of making a selection of the new Public Safety Director by the end of the month. JW:kec I CIM jm?.449016 wz w C Q r � Foc� ,�. ; 0 : c f ©f: tet. C © Cr c _`�`'� ��%�Q.C.. q%S �� fC wl.Q `•C� �`�LG/yt, -CL t C /L GL. 00 C.0(LF 1�v:.y_J �-.�J�.� �J�.xJ'J-)•®1 ctm ,m24'0