HomeMy WebLinkAboutCouncil Information Memorandum 07-24-1992CITY OF
PUMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 249 1992
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR AUGUST:
AUGUST 3 5:30 P.M. EXECUTIVE SESSION
Council Conference Room
AUGUST 3 7:00 P.M. COUNCIL MEETING
Council Chambers
AUGUST 17 4:00 P.M. STUDY SESSION
Council Conference Room
AUGUST 17 6:30 P.M. PLYMOUTH FORUM
Council Chambers
AUGUST 17 7:00 P.M. COUNCIL MEETING
Council Chambers
AUGUST 18 2:00 P.M. BUDGET STUDY SESSION I
Council Conference Room
AUGUST 24 5:30 P.M. BUDGET STUDY SESSION H
Council Conference Room
2. CITY COUNCIL CALENDAR REVISIONS -- The Mayor has asked whether it
would be possible to make two revisions to the August Calendar. Presently, a
3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 24, 1992
PAGE 2
study session is scheduled for 5:30 p.m. on the 17th. The purpose of this session is
to discuss 1993 City/Civic League activities with respect to Music in Plymouth.
The Mayor has asked that the meeting be moved up to 4:00 p.m. to provide
sufficient time to conduct half-hour interviews with up to three executive search
firms with respect to filling the City Manager position. Please let Laurie know
whether or not you will be able to attend this important session.
The August 18 Budget Study Session I is scheduled to commence at 5:30 p.m. The
HRA meets at 6:30 and the Charter Commission at 8:30. This would necessitate
Councilmember Edson leaving at 6:30 and Councilmember Tierney at 8:30. Since
we will be discussing a wide variety of topics at this session, a suggestion has been
made that the budget study session commence at 2:00 p.m. with a light dinner
served at approximately 6:00. This would allow Councilmembers to attend other
commitments and allow us to complete discussions on employee and Council
salaries and benefits and pay equity. These are City Council study topics which
were to be discussed as part of this 1993 budget process. Please let Laurie know if
you are unable to make this date and time.
3. HENNEPIN COUNTY LIBRARY BOARD: The Library Board will hold its
July/August meeting Thursday, August 20, 1992 at 4:00 p.m. at the Westonka
Community Library, 2079 Commerce Boulevard, Mound, MN.
4. MEETING CALENDARS -- City Center and City Council calendars for
AUGUST are attached. (M-4)
FOR YOUR INFORMATION....
1. PLYMOUTH NEWS ARTICLE ON CHARTER -- Attached is the draft article on
tthe City Charter for the August Plymouth News. Please review it and call
Communications Coordinatora Helen LaFave with your comments by 4:30 p.m. on
Wednesday, July 29. (I-1)
2. MEETINGS WITH CITY EMPLOYEES -- As part of the 1993 budget preparation
process, and to allay employee concerns about recent events in Plymouth, I have
conducted employee chat sessions with various employee groups.
Supervisors (25 employees)
On Tuesday, July 21, I met with supervisors to encourage them to continue to
work together to accomplish the challenges at hand. We discussed the budget
preparation process and other issues.
CITY COUNCIL INFORMATIONAL MEAIORANDUM
JULY 24, 1992
PAGE 3
General City Employees (60 employees)
On Wednesday, July 22, two employee chat sessions were conducted with
general city employees. As part of those sessions, I spoke about the 1993
budget and the fact that a step -type system will be considered. We also
discussed the city's present disability policy. I asked employees to provide me
within two weeks, with notes indicating what changes might be made to
improve the policy.
Maintenance Employees (30 employees)
At 2:00 p.m. on July 22, I met with Public Works and Park Maintenance
employees to discuss similar topics. At this meeting I expressed my desire to
periodically visit employees at their work site.
Fire Employees
On August 5, I plan to meet with fire officers and on August 12, attend the
general membership meeting of the Fire Department.
Police Employees
r
I am in the process of making arrangements with Public Safety Director Gerdes
for a meeting with police officers. It may be that the most effective means of
refamiliarizing myself with department operations is to participate in ride alongs
to get a sense of the day-to-day challenges facing our officers. I will keep the
Council updated on these efforts.
3. LEAGUE OF WOMEN VOTERS CANDIDATES' MEETINGS -- Eydie Kargas of
the League of Women Voters contacted Communications Coordinator Helen
LaFave late last week to schedule cablecasting of candidate forums. The League is
planning two forums. One will be prior to the primary election; the second prior to
the general election. Both will be held in the Council Chamber.
The dates for the forums are:
August 25 - 7:00 p.m. for the pre-primary forum
October 15, 7:00 p.m. for the pre -general election forum.
Contested races will be featured in the pre-primary forum. As of July 24, those
races included Congressional District 6, State Senate 45, State House 34B, State
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 249 1992
PAGE 4
House 45B, and Hennepin County Districts 2, 6, 7. Races scheduled for the
October 15 forum include: Congressional District 6; State Senate 45, 34 and 33;
State House 45A, 45B, 34B and 33B; and Hennepin County Districts 2, 6 and 7.
The League of Women Voters will establish format, logistics and other details. We
will only handle the live cablecasts and viceotaping. This information is tentative,
except for the date and times.
Helen will put a notice about each forum in the Plymouth News so residents will
know to tune to channel 37 for the live cablecast and replays.
4. UPDATE ON STATUS OF THE FIRE CHIEF SELECTION PROCESS -- We
have received approximately 40 applications for the position of fire chief. Many of
them are in response to ads in Fire Engineering, a national journal. We will accept
applications until August 17, 1992. We are currently in the process of developing
the selection procedures. It is anticipated that after screening the applications,
approximately 20 applicants will receive an initial interview. Those applicants will
also be asked to provide written answers to a number of predetermined questions.
Based on. the results of the interviews and the written statements, a group of
approximately six finalists will be further assessed during a one -day selection
process. The initial set of interviews should take place in early September with the
assessment center taking place in late September.
5. AFSCME QUEST FOR REBALLOTING -- The Bureau of Mediation Services has
notified us that AFSCME has requested that the certification election be re -run.
The AFSCME representative cited two cases in which employees received ballots
too late to be able to cast a ballot before the close of the election. The City had
been given the opportunity to object to re -running the election. It is our
understanding that the bureau's policy is to re -run an election whenever there is
reason to be believe that the results were materially affected by an error in process.
We have encouraged the bureau to confirm the Union's claims before rendering its
decision. Unless a significant errors was made, the current rates should stand.
Therefore, it is our expectation that the bureau will conduct a second election,
probably in early to mid August. (I-5)
6. UPDATE ON JOB EVALUATION STUDY AND COMPARABLE WORTH
RULE MAILING -- Attached is an invitation from Bill Joynes, City Manager of
Golden Valley, to Union representatives and city officials to attend a meeting at
which the Joint Comparable Worth/Job Evaluation Study will be discussed. There
have been some developments both in the rule making process for the comparable
worth statute and in the job evaluation study. I would like to take this opportunity
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 24, 1992
PAGE 5
to provide you with an update on both the comparable worth legislation and rule
making and the Joint Job Evaluation Study.
Comparable Worth Rule making - As you know, the initial attempt by the
Department of Employee Relations (DOER) was unsuccessful. The administrative
law judge found that the department had not completed a fiscal note as is required
by the administrative law statute. The Department of Employee Relations
subsequently reintroduced the rules with a fiscal note. There was an invitation for
comment to the rules as is required by law. The City of Plymouth, along with a
number of other cities, again protested the inclusion of a statistical analysis test
which measures compliance unfairly. Attached is a letter to Faith Zwemke, copied
to the Administrative Law Judge, written by Jeanette Sobania. Also attached is a
response by Faith Zwemke, the Pay Equity Coordinator at the Department of
Employee Relations.
An administrative hearing was held on on July 6, 1992. Concerns expressed in the
our letter were discussed with the Administrative Law Judge by Bill Hunt, Assistant
City Manager at Fridley.
It is our understanding that any change to the rules at this point by the
Administrative Law Judge is unlikely. Therefore, we will be required to comply
with the rules, including the statistical analysis test as written. It is our
understanding that DOER will be able to run the pay profiles of all local
government units prior to the end of this year. DOER will then report to the State
Legislature on the compliance of each local government unit.
As of the last time we asked DOER to run our pay profile, the City of :Plymouth
was in compliance with the statute. Unless there are some last minute changes to
the analysis test, we will have no difficulty for calendar year 1991. In the future,
we will be required to report our profile every third year. At this time, we do not
know which three year cycle we will be in.
Job Evaluation Project - Plymouth, along with most other local government units,
completed a job evaluation study between the years 1984 and 1987. This was
necessary to comply with the pay equity statute. Since that time, we have not done
a thorough reevaluation of positions. The same is true of many other local
government units. It is necessary to do maintenance on any system because of
changes in both the market place and in the internal relationship of jobs. Many
other cities have done little to maintain their evaluation systems. Currently, if any
job is created, or someone wants us to review a position and its evaluation, we must
acquire the services of an outside consultant. We do not have a good understanding
of how the current system, Decision -Band Method determines job value.
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 24, 1992
PAGE 6
In last year's budget we included money to pay for the initial phase of a review of
our positions. We intended to do this through the joint study being organized by
the Metro Area Management Association (MAMA). The committee working on the
evaluations has identified forty benchmark positions for the Hay Associate Group to
evaluate and eighty positions for PDI to evaluate. Plymouth has participated in the
development of nine job descriptions which will be used, along with employee
interviews, to develop the "benchmark" job description for those nine positions.
The fifty cities involved in the study are each doing from four to nine descriptions,
thus, each job will have the benefit of four or five descriptions which will be used
for the benchmark.
All of these benchmark positions will then be evaluated by the respective
consultants and the results will be given to all participating cities.
It is then our option to use the developed benchmark position descriptions and
evaluations to slot remaining positions as seems appropriate within the hierarchy, or
to continue the study, in more depth, internally. This would require the use of one
or the other of the consultants and their system to fully develop all job descriptions
and to evaluate them either using the consultant or an internal committee with the
consultant's assistance. The later option would ensure that our system was valid
and defensible, both with employees and with DOER.
Again, I invite you to attend the August 6 meeting. I will provide you with a
further update after that meeting. (I-6)
7. HIGH SUBSIDY REGULAR ROUTE SERVICES -- Attached is a memorandum
from the Regional Tiansit Board staff to the Policy Committed of the Regional
Transit Board. The memorandum states that Plymouth Route 92 (our reverse
commuter service for people living downtown but working in Plymouth), is
operating at a subsidy per passenger cost which exceeds the RTB maximum
allowable guidelines. The present guidelines provide that a peak express route may
not exceed a subsidy level per passenger of $3.85. The Plymouth Metrolink Route
92 reverse commuter route is operating at a subsidy per passenger of $9.42. It is
now our responsibility to consider alternative actions to:
a. Restructure the route;
b. Contract the route to a lower cost provider; or
c. Terminate the route.
CITY COUNCIL INFORMATIONAL MEMORANDUM
JULY 249 1992
PAGE 7
I expect that one of these actions will take place through the evaluation of Plymouth
Metrolink service which is presently being completed by the Metropolitan Transit
Commission. The Council will receive a presentation at their August 17 meeting
on this subject. All other Plymouth Metrolink routes are operating within the RTB
established performance standards. (I-7) .
8. VOICE MESSAGE SYSTEM -- Unless the staff is aware of issues which are
creating a great deal of telephone calls for Councilmembers, it is difficult for us to
provide the information you desire. One way which the Council can keep the staff
advised of "hot issues" is to share voice messages they receive. The staff then can
provide information in an upcoming information memorandum, or through voice
mail on that subject.
To carbon copy a voice message you receive, do the following:
a. After you listen to the message, press "7."
b. Val will say, "to copy the message with comments, press 1, to copy the
message without comments, press 2."
c. Select either "1" or "2." If you select "1," leave a message and Val will say,
"enter the mailbox, guest, or group you wish to send to." Either enter in my
extension (5013), I will carbon copy the message to all department heads or to
the appropriate staff member so that a response can be provided to all members
of the Council.
d. After entering the extension(s), press "O" to signify that all recipients have
been identified. Next, press "1," Val will say "message sent." You're Done!
N`
If you have any trouble with this feature, please let me know. I hope that: this will
help to facilitate better communication between the public, Council, and staff.
Also attached is a memorandum from Fred Moore. As requested, he has
established a voice mailbox for Bob Meller, City Attorney. His mailbox number is
5064. (I-8)
9. JUDGE FITZGERALD' S DECISION REGARDING BEGIN' S MOTION FOR
AMENDED FINDINGS -- Attached is a copy of a decision of Judge Fitzgerald's
denying Larry Begin's motion for amended findings, or a new trial, with respect to
junk cars and construction debris which he placed upon his property. In brief, the
Judge's original findings were that Mr. Begin owes the City approximately $900, is
CITY COUNCIL INFORMATIONAL MIIVIORANDUM
JULY 24, 1992
PAGE 8
permanently enjoined from operating an auto salvage yard, junkyard, dump, or any
other related activity, is permanently enjoined from depositing scrap or waste items
on the property, and shall within 90 days of May 18, remove all vehicles, scrap
items and debris from the property. Members of the Building Inspection and Public
Safety Department will work cooperatively to ensure that enforcement takes place.
The City Attorney previously considered and concurred that Mr. Baertschi should
continue to see this case through until its conclusion. (1-9)
10. RADAR ASSIGNMENT -- Attached is a report from the Police Department on
radar surveillance assignments completed for the area of 47th Avenue and Harbor
Lane. This is the second such report. As the Council will recall, this intersection
has been striped in accordance with earlier direction. (1-10)
11. MEDIAN HOUSEHOLD INCOME - NORTHWEST HENNEPIN AREA --The
Norwest Hennepin Human Services Council has taken 1990 Census income figures
and prepared the attached two charts: 1) median household income in northwest
Hennepin; and 2) Poverty in northwest Hennepin. (I-11)
12. LANDSCAPING MATERIALS IN RIGHT-OF-WAY-- Attached is a letter from
Risk Management Coordinator Bob Pemberton, communicating the Council's
policy with respect to landscaping within the street right-of-way. The Council's
direction has heretofore been to allow landscaping to be installed within the right-
of-way, but to advise the property owner that if damaged, the property owner is
responsible for such products. Moreover, if city equipment such as plows are
damaged because of rocks or other objects placed at the curb edge, the property
owner is to be advised that the city may request reimbursement from them. This
letter is intended to encourage the property owner to relocate the landscaping
materials before problems arise. (1-12)
13. VOTING DISTRICT/PRECINCT MAPS -- Because of the change in voting
precincts, we will be producing 5,000 new maps for distribution to the public.
Copies will be supplied to the City Council once they are available.
14. NOTES ON 1993 CITY COUNCIL BUDGET PRIORITIES MEETING --
Attached are notes which I took at the July 13 City Council Study Session on
budget priorities for information purposes. (I- 14)
15. NOTES ON MEETING WITH MAYOR BERGMAN AND COUNCILMEMBER
EDSON -- On July 22, we met to discuss various topics. 'A summary of the
discussion is attached. Mayor Bergman and I will be meeting every Friday. He
encourages other Councilmembers to attend if desired: Please contact me
beforehand so we can avoid any open meeting problems. (I-15)
CITY COUNCIL INFORMATIONAL NM40RANDLIM
JULY 24, 1992
PAGE 9
I
16.1993 BUDGET FUNDING REQUESTS -- Attached is a table showing funding
requests by Human Service Agencies for 1993. '(1-16)
17. MINUTES;
a. Planning Commission, July 8, 1992. (I -17a)
b. Charter Commission, July 13, 1992. (I -17b)
c. Notes - Plymouth Forum, July 20, 1992. (I -17c)
18. PLYMOUTH EMPLOYEES:
a. Letter from Jack Gassner, Embassy Homes, on the helpfulness of city
employees Don Munson, John Sweeney, Don Kilian, Bill Tonn, and Sue
Ackland. (I -18a)
b. Letter from Richard' Grefe, University of Minnesota, thanking Laurie
Rauenhorst for teaching in the Municipal Clerk's Institute. (I -18b)
19. CORRESPONDENCE:
a. Letter from John Linc Stine, Minnesota DNR, responding to Dennis Coyne,
Fredrikson & Byron, concerning the construction of Northwest
Boulevard/Schmidt Lake Road. (I -19a)
b. Letter of appreciation from Barbara Willis, Plymouth Civic League, to Debbie
Estes, Target Stores, for the Music in Plymouth fireworks display. (I -19b)
c. Letter of citizen commendation from Public Safety Director Craig Gerdes to
Sueanne Amos , 8924 47 1/2 Avenue North. (I -19c)
d. Letter to Lundgren Bros. Developers, from Mary Weinzierl, 18820 County
Road 24, conveying concerns with the Churchill Farms development. (I -19d)
e. Letter from Mr. and Mrs. LaFrence, 12335 52nd Avenue North, to Mayor and
City Council, stating opposition to an ordinance banning train whistling.
(I -19e)
f. Letter from Tony Chen, expressing concern about personal property and a letter
from Frank Boyles in response. (I -19f)
CITY COUNCIL INFORMATIONAL MIIVIORANDUM
JULY 24, 1992
PAGE 10
g. Letter from City Attorney Meller about statement to the press. (1-19g)
h. Letter to Executive Search firms about submitting proposals to conduct a City
Manager search. (1-19h)
i. Letter from Fred Moore to Scott and Ruth Kulberg regarding use of the
unopened alley. (1-19i)
j. Memo sent to all city employees by Mayor Bergman. (1-19j)
k. Notes taken at a July 22 meeting between West Medicine Lake Community
Club representatives and neighbors. (1-19k)
1. Two letters from Joe and Dan Camp to the Mayor about Eurasian Milfoil.
(1-191)
m. Three letters to on -sale liquor establishment operators regarding the proposed
amendments considered by the Council on July 20. (1-19m)
n. Letter from Robert Swanson from the Minnesota Department of Transportation
about train whistles. (I -19n)
o. Memo from Bob Pemberton on the status of the trail at Steeplechase and
Chelsea Mews. (I -19o)
p. July 15, 1992 bill from Holmes & Graven (also sent to City Attorney). (I -19p)
q. Memo from Charter Commission Chair Virgil. Schneider announcing the
August 18 meeting and conveying a copy of the approved charter document.
(I -19q)
r. Letter from Plymouth Civic League requesting second half of previously
recorded pledge to Music in Plymouth in the amount of $4,500. (1-19r)
Frank Boyles
Acting City Manager
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CITY COUNCIL JULY 27 - AUG. 9
July -August 1992
July 27
. MONDAY
August 3
M T
W T F
5:30pm **STUDY SESSION
S
7:00pm COUNCIL MEETING
2
3 4
5 6 7
July 28
1 TUESDAY
]
August 4
15
16
7:00pm WATER QUALITY COMMITTEE
19 20 21
22
23
7:00pm *BOARD OF ZONING
26 27 28
July 29
IWEDNESDAY
31
August 5
July 30
THURSDAY
-
August 6
7:10am **TWINWEST LOCAL FOCUS MTG - Mpls.
7/22/1992
Old JUL 23 S92
Golf Club
7:30am **RTB\LOCAL OFFICIALS MTG - Kelly Inn,
Plymouth
July 31
' FRIDAY
August 7
August 1
SATURDAY
August 8
August 2
SUNDAY.
August 9
July
M T W T F S S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
*REVISED MEETING **NEW MEETING
August
M T
W T F
S
S
1
2
3 4
5 6 7
8
9
10 11
12 13 14
15
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24 25
26 27 28
29
30
31
7/22/1992
Old JUL 23 S92
m -y
CITY COUNCIL - AUGUST 10 - 29
August 1992
August 10
MONDAY
August 17
4:00pm **STUDY SESSION
6:30pm PLYMOUTH FORUM
7:00pm COUNCIL MEETING
August 11
. TUESDAY
.
August 18
7:30pm **PLANNING COMMISSION STUDY
2:00pm **BUDGET STUDY SESSION I
SESSION
6:30pm HRA
8:30pm **CHARTER COMMISSION
August 12
IWEDNESDAYI
August 19
7:30am FINANCIAL ADVISORY COMMITTEE
7:00pm PLANNING COMMISSION
August 13
..THURSDAY.
August 20
7:00pm PRAC
August 14
FRIDAY
August 21
August 15
ISATURDAYJ
August 22
August 16
SUNDAY
August 23
August
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 **NEW MEETING
September
M T W VF S S
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C1,,: , s 7/24/1992
2 3,92
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CITY COUNCIL - AUGUST 24 - SEPT. 6
August -September 1992
August 24
MONDAY
_
August 31
5:30pm **BUDGET STUDY SESSION H
2
August 25
TUESDAY
2
September 1
4
5
7:00pm WATER QUALITY COMMITTEE
August 26
IWEDNESDAY
6
September 2
6:45pm PLAN FORUM
9
7:00pm PLAN COMM.
8
9
10
11
12
13
10 11
August 27
THURSDAY
11
14
September 3
August 28
1 FRIDAY
September 4
August 29
SATURDAY.
September 5
August 30
SUNDAY
"
September 6
AugustSeptember
M T W T F S S M T W T F S S
*REVISED MEETING **NEW MEETING
.�._.. 23'92'
7/22/1992
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*REVISED MEETING **NEW MEETING
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7/22/1992
Editor's Note: The Charter Commission is a legal entity separate from the City Council.
The 15 member commission was appointed by a Hennepin County District Judge.
Neither the City Council nor city staff have an official position on the proposed charter.
After months of study, development and fine tuning, the Plymouth Charter Commission
has finalized a proposed city charter. The next step in the charter process will occur
when the City Clerk receives the city charter in mid-August. The City Council will then
place the charter on the Nov. 3 ballot.
If voters adopt the charter, it will outline the structure and procedures that Nyill guide
local government operations. Under the proposed charter, the Plymouth City Council
would increase from the current five at -large members to seven members. Four of the
seven Councilmembers would be elected from wards. These new features would go into
effect in 1994 (after the 1993 election). In addition, local elections would be moved
from odd to even years beginning with the 1996 election. Other elements of the charter
are quite similar to the present governmental structure.
Registered voters would have the right to use initiative and referendum under the
proposed charter. Using initiative, voters can propose ordinances. With referendum,
citizens may require reconsideration of ordinances. Initiative and referendum would not
apply to such things as budget, capital improvement programs, emergency ordinances,
city charter changes, tax levies, zoning or salaries for city officers or employees.
If 51% of the people voting on the question approve the charter, Plymouth would
become alome rule charter city. Home rule charter cities can exercise any powers their
local charters give them as long as they do not conflict with state law. Currently,
I_1
JUL 2�92
Plymouth operates as a statutory city. Statutory cities only have those powers
specifically granted by state law.
I-1
The complete proposed charter will published as a legal notice in the Plymouth Sun -
Sailor later this fall. The dates of that publication will be included in an upcoming issue
of the Plymouth News. For a complete copy of the proposed charter, stop by the City
Center or call 550-5010.
JUL 2 `�
l"1
i7
4 !'�
MINNESOTA A
TW,I CITILS
METROPOLITAN AREA
July 20, 1992
I 5'
FSCME COUNCIL N0, 14
0 267 LAFAYETTE ROAD SO.
r i ST. PAUL, MN 55107-1683
" �' TELEPHONE: 291-0333
A
MUNICIPAL
Mr. Peter Obermeyer, Commissioner
Bureau of Mediation Services
1380 Energy Lane, Suite #2
St. Paul, MN 55108
Dear Commissioner Obermeyer:
I am writing to challenge the results of the City of Plymouth
Bargaining Unit Eleation. The ballots were counted at 9:00 A.M.
on Friday, July 17, 1992. The result was a 28-28 tie. One eli-
gible employee did not receive a ballot. The Bureau
and was informed of this fact at various times during
the week of July 13th. I informed Jan and Geri prior to
beginning the count that if one vote would make the difference,
AFSCME Council 14 would consider challenging the result.
It is my understanding the postal machine malfunctioned when
.ballots were first mailed for this election. As a result, the
ballot originally mailed to was returned to BMS
with postage due. It was then remailed, but-WiM did not receive
it until July 16th, the day it was due.
Another employee, has informed me that she
received her ballot on July 15th, returned it on the 16th but
probably too late to be counted.
I do not believe employees were given adequate opportunity to
vote in this election and that counted ballots do not reflect the
Jr will of the majority who desired to vote.
Based on these errors in balloting, AFSCME Council NO. 14
respectfully requests that the results of this election be nulli-
fied and a new -election be scheduled and conducted.
Sincerely,
J
�rysflin , As Stant
AFSCME Council 14
AFL --CIO
JS/lam
Director/Business Representative
`�.T C� < l' _{ - , T _{
-131 =� �'I'> I••1 F1 I 1 N I Q 31--•1
City of Golden Valley
4i
MEMORANDUM
DATE: July 13, 1992
TO: Union Representatives and City Officials
FROM: William S. Joynes, Joint Study Coordinator
RE: JOINT COMPARABLE WORTH STUDY UPDATE
The majority of cities who participated in the 1985 MAMA Pay Equity
Joint Study are involved in an update and enhancement of the original
job evaluation system with the help of Personnel Decisions
Incorporated and Hay Associates.
Yo^ u �r on Au ust 6, 1992, at the
Brookvie_w Community Center located at 200 Brookview ar way n Gol
--Val ley; to hear explained the methodolo_cy o the update, its progr
-and have -answered any__guest7_Qns..you mgy__havd a_a out) e process.
Representatives from_both PDI. and Hay. wi_11 _be in .attendance_. The.
attached •flyer -provides the specifics of the session.
If you have any questions prior to the meeting, feel free to call me
at 593-8002.
WSJ:pb
JUL",qp
: Jul,..,
Government Center, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 "
- (612) 593-8000 Fax (612) 593-8109
MAMA PAY EQUITY JOINT STUDY UPDATE
INFORMATIONAL MEETING
August 6, 1992
10:00 AM
Brookview Community Center
at the Brookview Golf Course
200 Brookview Parkway
Golden Valley, MN 55426
(a 914
7". Fl�uy�
.r Caan.l Ave • 9
I DIRECTIONS TO
oc
BROOME COMMUNITY
ENTER
den Valley, MN
544-5218
June 24, 1992
CIN OF
PLYMOUTR
Faith Zwemke
Pay Equity Coordinator
Department of Employee Relations
200 Centennial Building
658 Cedar Street
St. Paul, MN
RE: IN RESPONSE TO THE DEPARTMENT OF EMPLOYEE RELATIONS'
SOLICITATIONS OF OUTSIDE INFORMATION
Dear Ms. Zwemke:
The coalition of metro area suburbs which testified before
Administrative sLaw Judge Giles would like to add the following
comments to it's"', previous testimony. A list of the cities who
share the following concerns is attached.
Local government units have now been sold the computer program
which contains the statistical analysis used to determine whether
the unit is or is not in compliance with the Pay Equity statute.
One city has had the opportunity to run the program using its
current data. That City also ran modified data to test the
results of the analysis if its larger, highly paid male classes
were balanced classes. That City which is currently in
compliance would fail if it hired more women! Based on that
experiment and on the expert testimony from consultants heard
before Judge Giles, we do not believe that the analysis as
contained in the computer program accurately reflects the Pay
Equity statute.
We believe that the statute requires that balanced classes be
included in the. analysis and that classes be compared with
classes (not with weighted classes). "...every political
subdivision of this state shall establish equitable compensation
relationships between female -dominated, male -dominated and
balanced classes of employees.." M.S. Section 471.992, Subd. 1.
The current statistical analysis, by using windows and weighted
classes, creates anomalies in the results. These anomalies can
allow a jurisdiction to come into compliance merely by paying a
male -dominated group a higher salary. Yet, another city which
through affirmative action, creates a balanced class in what was
a .male -dominated class, may suddenly find itself out of
compliance because it has created a highly paid balanced class.
The program meets neither the letter nor the spirit of the
statute.
jui. 2: 592
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
I- G.
Faith Zwemke
June 24, 1992
Page 2
We strongly. recommend that the Department seriously consider
running test data on smaller communities, of less than 200 full
time equivalent employees, and review the results of this test
data in light of the statute. Without such experimental data,
the department is guaranteeing that some cities will be forced to
test the validity of the statistical analysis through a needless,
time consuming and expensive judicial process.
It might be helpful even with the hearing date so close to meet
to discuss possible modifications to the program. Please contact
me at 550-5019 if you think such a meeting would-be helpful.
Thank you for your consideration of this matter..
Yo s truly,
i
Jeanette Sobania
Personnel Coordinator
cc: Administrative Law Judge, Allen E. Giles
Office Administrative Hearings
500 Flour Exchange Bldg
310 4th Avenue So.
Minneapolis, MN 55415
CITIES SHARING THE EXPRESSED CONCERNS
Apple Valley
Bayport
Blaine
Brooklyn Park
Brooklyn Center
Eden Prairie
Fridley
Golden Valley
Hopkins
Maple Grove
Maplewood
Mounds View
New Hope
Plymouth
Red Wing
Richfield
Robbinsdale
Woodbury
r
League of Minnesota Cities
4 _ _
State of
Minnesota
DEPARTMENT
OF EMPLOYEE
RELATIONS
Administrative Services
Compensation
Equal Opportunity
Health & Benefits
Information Services
Labor Relations
Safety/Workers' Compensation
Staffing Services
Training & Development
job information line
(612) 296-2616
TDD (612) 297-2003
an equal opportunity employer
July 3, 1992
Jeanette Sobania
Personnel Coordinator
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Jeanette Sobania:
V 1�1'
Thank you for your letter of June 24, commenting about the proposed
pay equity rule.
Generally your concern seems to be with the statistical analysis, and
you suggest further testing of it using jurisdictions with fewer than 200
employees. While it would be impossible to test every scenario, we
feel that the over 550 jurisdictions requesting preliminary evaluations
serve as an ample data base to conclude that the statistical analysis is
reasonable. Approximately half of the jurisdictions requesting
preliminary evaluations were in the statistical analysis test and the
majority had fewer than 200 employees. The original SONAR, pages
29-46 go into greater depth to explain the need for and reasonableness
of the statistical analysis.
We appreciate your willingness to meet to discuss modifications to the
statistical analysis, but there are two main reasons we could not justify
modifications at this time. First, the Administrative Law Judge's report
received in January of 1992 found the statistical analysis to be needed
and reasonable and consistent with the pay equity statute. Second, we
have stated on numerous occasions to callers and in our second Notice
of Hearing that the department would not be proposing any amendments
to the rule beyond those presented at the November 14, 1991 hearing
and in the November 25, 1991 post -hearing comments.
The department has always been aware that unusual situations may
exist. This is one of the reasons why the proposed rule includes the
reconsideration provision explained in the origirtal SONAR, pages
66-68. It is our belief that the reconsideration process will greatly
reduce the need for judicial proceedings.
It is my understanding that the computer program has been performing
well, and I appreciate the effort of Bill Hunt of the City of Fridley from
your group to help us test it before we made it available on a large scale.
Sincerely
Faith Zwemke
Pay Equity Coordinator
214/fnz
200 Centennial Uf ce Building, 658 Cedar Street, St. Paul, MN 55155
DATE:
TO:
FROM:
SUBJECT:
SUMMARY
REGIONAL TRANSIT BOARD
Mears Park Centre
230 East Fifth Street, St. Paul, Minnesota 55101
292'=8789
July 17, 1992
Chair and Members of the Policy Committee
Randy Rosvold, Senior Planner Wl2 &'_
1992 High Subsidy Regular Ro to Services
T-7
This memorandum presents the high subsidy regular route services identified in 1991-1992 along
with the current board policies for managing changes to such service.
DISCUSSION
In 1990, as part of the Five -Year Transit Plan, the RTB revised the regular route performance
standards to reflect increases in operating costs and recognize differences in various types of
routes. Different standards were developed to delineate four basic categories of route types:
local radial (oriented to a downtown), local crosstown (non -downtown oriented), peak -hour
express, and all -day express. The current standard used to measure performance of regular route
service is ceiling subsidy per passenger. The ceiling measurement of each standard is depicted
below:
Service TW
Local Radial Routes
Local Crosstown Routes
Peak -Hour Express Routes
All -Day Express Routes
Subsidy Per Passenger
$3.25
$4.00
$3.85
$3.50
All providers of regular route transit service submit reports to the RTB on route performance.
Data from these reports -is compiled and reviewed annually. Routes that consistently do not meet
the ceiling subsidy per passenger performance standard are identified as high subsidy service.
Although the subsidy per passenger measure provides the best overall indicator of route
performance, other factors must be considered. Routes that exceed the subsidy standards will be
further evaluated against system averages for fare box recovery ratio, cost per hour, and
passengers per mile. If routes do not meet standards and also perform below average for these
other measures, the following process will be initiated:
1992 High Subsidy Service
July 17, 1992
Page 2
1. RTB staff and providers will conduct a public meeting to describe alternative
actions and receive comments from riders. Possible actions include:
- monitoring route over a specified period of time;
- restructuring the route;
- contracting the route to a lower-cost provider, or
- terminating the route.
2. A recommendation on possible action will be presented to the RTB board. This
recommendation will include analysis of the number of transit dependents served
by the route, other transit services available in the area, and a summary of route
marketing efforts.
3. If a preliminary decision is made to terminate a route or restructure more than 25
percent of the route miles, the RTB will conduct a public hearing to receive
testimony from those affected.
4. Following the public hearing the RTB will take final action and direct the service
provider to terminate or restructure the mute.
Existing routes that have consistently failed to meet the regional performance standard are listed
below.
High Subsidy Regular Route Services
March 1991- March 1992
Provider/ Service Performance Daily Subsidy Per
Route Program Tyne Standard Passengers Passenger
Weekday Services
Mpls. 35P
MTC
Peak Express
$3.85
240
$4.11
39
MN Valley Transit
Authority (MVTA)
Peak Express
$3.85
24
$5.77
Mpls. 44A
. MTC
Peak Express
$3.85
181
$4.16
Green Line Shuttle MVTA
Peak Express
$3.85
15
$9.23
Mpls. 51
MTC
Local Radial
$3.25
1,259
$4.67
53CJK
Southwest Metro
Peak Express
$3.85
552
$4.71-
54
Southwest Metro
Peak Express
$3.85
14
$7.47
77G
MVTA
Peak Express
$3.85
42
$8.73
92
Plymouth Metro
Peak Express
$3.85
83
$9.42
Mpls. 94E
MTC
Peak Express
$3.85
83
$4.52
St. Paul 20
MTC
Local Crosstown
$4.00
223
$6.00
St. Paul 31
MTC
Peak Express
$3.85
74
$4.99
St. Paul 35CD
MTC
Peak Express
$3.85
97
$5.18
St. Paul 35H -
MTC
Peak Express
$3.85
76
$6.98
St. Paul 35FN
MTC
Peak Express
$3.85
145
$4.63
�. J(.q ? `00
1- I
1992 High Subsidy Service
July 17, 1992
Page 3
Sunday Services
St. Paul 10
RECOMMENDATION
MTC Local Radial $3.25 109 $3.69
That the Regional Transit Board direct RTB staff to work with providers of high -subsidy regular
route services to prepare alternative actions for each high subsidy route, conduct public meetings
on high subsidy routes, and prepare preliminary recommendations to be brought before the RTB
for future action.
AL 2
Provider/
Service Performance
Daily
Subsidy Per
Route
Program
Tape
Standard
Passengers
Passenger
Saturday Services
Mpls. 26
MTC
All -Day Express
$3.50
64
$8.71
Mpls. 47
MTC
All -Day Express
$3.50
129
$4.63
Mpls. 51
MTC
Local Radial
$3.25
480
$3.52
St. Paul Rice St.
North Suburban
Local Radial
$3.25
70
$7.85
Lines
Mpls. 55
Western Suburbs
Local Radial
$3.25
108
$4.68
Sunday Services
St. Paul 10
RECOMMENDATION
MTC Local Radial $3.25 109 $3.69
That the Regional Transit Board direct RTB staff to work with providers of high -subsidy regular
route services to prepare alternative actions for each high subsidy route, conduct public meetings
on high subsidy routes, and prepare preliminary recommendations to be brought before the RTB
for future action.
AL 2
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: June 2, 1992
TO: James G. Willis,,City Manager
-
FROM: Fred G. Moore, Director of Public Works
SUBJECT: VOICE MAILBOX FOR CITY ATTORNEY
As requested, I have established a voice mailbox for Bob Meller, City
Attorney. His mailbox number is 5064. The order went in Monday to our
telephone vendor to reprogram the telephone switch for this direct -in
dial line to this new voice mailbox. I expect this work to be completed
at the latest on Wednesday, June 3.
Attached is a copy of a memo I am sending to Bob Meller explaining the
operation of our voice mailbox system. I am requesting that you or
Frank inform other City staff members that should be aware of this voice
mailbox.
Please let me know if there are any questions.
FGM:kh
attachment
BAERTSCHI & ASSOCIATES
S*aneye at�aus
THE COLONNADE, SUITE 1025
5500 WAYZATA BOULEVARD
MINNEAPOLIS, MINNESOTA 55416
TELEPHONE: (612) 591-1053 • FACSIMILE: (612) 591.1653
July 22, 1992
N
Frank Boyles
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: City of Plymouth vs. Larry Begin
Dear Mr. Boyles:
I _q
Enclosed please find a copy of the decision of Judge Fitzgerald denying defendant's
motion for amended findings or a new trial. The next step in the case will be to monitor
whether Mr. Begin complies with the Order of the Court to clean up the property within 90 days
of May 18, 1992. Please advise me who will be responsible for monitoring this for the City.
I am advising the defendant through his attorney of our intentions to insist on compliance with
the Court's Order and that we will be objecting to any stay of this requirement pending any
appeal that Mr. Begin may file.
If you have any questions, please contact me.
Sincerely,
BAERTSCHI & ASSOCIATES
Paul D. Baertschi
PDB/sjc
Enclosure
cc: Robert Meller
Best & Flanagan
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN�� i FOURTH JUDICIAL DISTRICT
-----------------------
----------------------- - - - - - - - - - - - - - - - -- - - - - - - - - - - -
City of Plymouth, a Minnesota Court File No. 89-16909
Municipal Corporation-;'_
Plaintiff.,,
VS.. ORDER
':�i•�:. ��. ala- .i;:
Larry Begin,
Defendant.
------------------------------------------------------------
The above -entitled matter came on for hearing before
the undersigned, Judge of District Court, on July 2, 1992,
upon Defendant's motion for an Order amending the Court's
May 18, 1992 Order, or in the alternative, for a new trial.
Paul D. Baertschi, Esq., appeared on behalf of
Plaintiff. Donald A. Hillstrom, Esq., appeared on behalf of
Defendant.
Upon all of the files, records and proceedings herein,
IT IS HEREBY ORDERED:
1. That Defendant's motion for an order amending the
Court's May 18, 1992 Order is, in all respects, denied.
2. That Defendant's motion for a new trial is, in all
respects., denied.
3. That the attached memorandum be incorporated
herein.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: % i -7 / 17 f BY THE ;OURT:
atrick
Judge o
Fit ld
ne District Court
0111; JUL 2 `92
MEMORANDUM
Defendant Begin based virtually.his entire case at
trial, and now bases this motion, on two primary grounds,
both of which have been determined to be erroneous at best.
First, and most importantly as Defendant bases almost
his entire argument on it, Defendant continues to argue that
the contract with Plaintiff covered only what has been
referred to as the 114300 Fernbrook Lane" property, as
distinguished from the "County Road 9" property, instead of
the entire property controlled by Defendant and upon which
he operated the salvage/junk yard.
Second, Defendant continues to argue that many of the
items removed by Plaintiff were taken illegally and/or in
contravention of the contractual agreement between the
parties.
As to the first point, the Court has previously found
that the clear intent of the parties was to include the
entire property, upon which any salvage/junkyard activity
occurred, within the scope of the contract. This included
both of the above -distinguished properties, collectively
referred to herein as the "Fernbrook" property. In its
considered judgment and opinion, the Court sees no reason at
this time to alter that finding.
As to the second argument, once it is determined that
the entire property was covered by the parties' contract,
and that the contract is valid and binding, the terms and
conditions of that contract govern the parties' conduct.
This contract required Defendant, in clear and
unambiguous terms, to have the entire property cleared of
any salvage/junk, to have removed that salvage/junk by a
date certain, to designate via an enclosure any items exempt
from contractual clean-up, and that neither "substantial
performance" nor "act of God" defenses were available to
Defendant. Not only did Defendant fail to comply with the
contractual obligations by the date certain, he failed to
comply even when given a one -and -one-half month "reprieve"
on Plaintiff's enforcement of the contract. It is
uncontested that the material removed by Plaintiff was
neither removed from the Fernbrook property by Defendant,
nor was any portion of that material enclosed in an
appropriate structure.
Therefore, it is the considered judgment and opinion of
the Court that Defendant has shown no grounds upon which to
justify either an Amendment of the Court's May 18, 1992
Findings, etal., or a new trial. Defendant'.s motion is
appropriately denied.
PWF
T_ 9
t
j f1 t
STATE OF MINNESOTA ' _ f 1•.. __ DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JIIDICIAL DISTRICT
----------------------- .' -
^- •. a..------------------------
City of Plymouth, a Minnesota Case File No. CT 889-16909
Municipal CorporatiQfi,i.� T�.;_
CGURT AON;Iifff,
v. FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND ORDER FOR JUDGMENT
Larry Begin,
Defendant.
-------------------------------------------------------------
The above -entitled matter came on for trial before the
undersigned, Judge of District Court, on June 19, 1991,
January 3, 1992, and January 6, 1992.
Paul D. Baertschi, Esq., appeared on behalf of
Plaintiff. Donald A. Hillstrom, Esq., appeared on behalf of
Defendant.
Upon all the files, records and proceedings herein,
the Court makes the following:
FINDINGS OF FACT
1. That the City of Plymouth is a municipal
corporation organized and existing under the laws of the
State of Minnesota.
2. That Defendant has operated an automobile salvage
yard located at 4300 Fernbrook Lane in the City of Plymouth
since at least 1963.
3. That on July 20, 1987, the Plymouth City Council
adopted Resolution No. 87-476 requiring the abatement of a
nuisance at the aforesaid location by cleaning up the
property. That junkyards have been prohibited in the City
of Plymouth, other than in industrial districts, since 1949.
4. That on July 27, 1987, the Parties entered into a
contract whereby the salvage yard would be cleaned up. That
both Parties were represented by counsel at the time the
contract was entered into.
5. That the Parties clearly understood that the intent
and the scope of the contract covered the entire salvage
yard as located on parcels 15-118-22-22-0006 and 15-118-22-
22-0002, hereinafter referred to as parcels 6 and 2
respectively.
6. That both Parties treated the parcels as one
contiguous parcel.
7. That Defendant obtained an ownership interest in
both parcels in one contract -for -deed, and obtained fee
ownership of parcel 2 in a separate quit -claim deed filed on
January 27, 1988.
8. That a hand -drawn map dated August 27, 1987, and
introduced at trial as Exhibit 7, depicts both parcels 6 and -
2. That the map and an inventory dated August 27, 1987,
introduced at trial as Exhibit 8, were completed pursuant to
paragraph 2 of the contract, which required an inventory of
the materials to be cleaned up. That Defendant admitted
receiving a copy of the map shortly after it was prepared.
That Defendant admitted on a videotape introduced into
evidence at trial that the number of acres "out there"
.J.' 1
consisted of 12.5 acres, which corresponds to the total
acreage of parcels 6 and 2.
9. That the contract clearly delineates the procedures
to be followed by the Defendant to designate and protect
"classic vehicles".
10. That Defendant failed to so designate and protect
said vehicles.
11. That the aforesaid contract is valid and binding on
the Parties.
12. That Defendant breached the contract by failing to
abide by the clean-up schedule. That Defendant had ample
notice and ample time to abide by the contractual
requirements for clean-up. Also, that an "act of God"
defense was contractually waived by Defendant.
13. That Defendant failed to raise the issue of the
scope of the contract and have the Court rule on it in
Hennepin County District Court File No. 88-4146. That
Defendant is deemed to have waived said issue.
14. That the Plaintiff expended $36,022.04 in
connection with the clean-up costs for the property. That
this figure represents the net cost to Plaintiff,'which is
the gross cost of the clean-up less the amount received for
the material when it was sold on a "for scrap" basis. That
Plaintiff claims the fair value .of the material removed from
the subject property was that amount received on a "for
scrap" basis.
t : JUL 2 `�
15. That Defendant introduced evidence, in the form of
testimony at trial, that he suffered damages due to
"illegal and wrongful acts by the Plaintiff" in the amount
of $212,077.36. That this amount represents Defendant's
assessment of the fair value of the material Plaintiff
removed from Defendant's property.
16. That Plaintiff had the duty to Defendant to obtain
fair value, reasonable under the circumstances, for the
subject material.
17. That the reasonable and fair value of the subject
material, under the subject circumstances, over and above
the "scrap value" obtained by Plaintiff, is $35,125.00.
18. That Parcels 6 and 2 are in a district zoned for
future restricted development.
19. That Defendant deposited thousands of cubic yards
of fill material on parcels 6 and 2 without a permit.
CONCLUSIONS OF LAA
1. That Defendant has violated Plymouth City Code,
Subsection 600.03, by the deposit of rubbish on the
premises.
2. That Defendant has violated § 7000, Subdivsion C,
of the Plymouth Zoning Ordinance by the operation of a
junkyard in a district zoned for future restricted
development.
111h Jll! 2.-; %
3. That Defendant has violated § 12, Subdivsion B, of
the Plymouth'Zoning Ordinance by operating a junkyard as a
non -conforming use for more than one year after the
effective date of the Plymouth Zoning Ordinance.
4. That Defendant has violated Minnesota Statutes,
§561.01 and Plymouth City Code §2010.01, Subparagraph B, by
his activities on the premises, which activities constitute
a nuisance under those provisions.
5. That Defendant has violated the Plymouth -City
Zoning Ordinance, §7, Subd. C, No. 32, by engaging in "land
reclamation" activity without a.conditional-use permit.
6. That Defendant has violated §7003 of the Uniform
Building Code, adopted into the Plymouth City Code in §400,
by conducting grading activities in excess of 50 cubic yards
without a permit.
7. That Defendant has violated §7010(d) of the Uniform
Building Code, incorporated by reference by City Code §400,
by depositing detrimental fill on the property.
8. That Defendant has breached the terms and
conditions of his contract with Plaintiff, dated July 27,
1987.
9. That Plaintiff properly entered the subject
premises, Parcels 6 and 2, and properly removed the subject
material.
10. That Plaintiff breached its duty to Defendant to
obtain a fair value, reasonable under the circumstances, for
certain items removed from the subject property.
fk- JUL 2� `92
T 1
11. That Defendant owes Plaintiff $897.04, which is the
reasonable value of $35,125 subtracted from Plaintiff's
removal costs of $36,022.04.
ORDER FOR JUDGMENT
1.- That Defendant is permanently enjoined from
operating an automobile salvage yard, junkyard, dump, or any
similar or related activities on the subject property.
2. That Defendant is permanently enjoined from
depositing scrap or waste items on the subject property,
other than the lawful depositing of such items in a licensed
landfill or salvage yard.
3. That Defendant shall, within 90 days hereof, remove
all vehicles, scrap items, and debris from the property
under his control or used by him in the City of Plymouth.
4. That judgment shall be entered in favor of
Plaintiff and against Defendant in the amount of $897.04.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:
By the Court:
atrick W. Fitz d
Judge of the District Court
�i;r'` JUL ``
T --iv
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 17, 1992
TO: James G. Willis - City Manager
FROM: Lieutenant Dennis Paulson
THROUGH: Chief Craig Gerdes - Director of Public Safety
SUBJECT: CITY COUNCIL DIRECTIVE 92-74
The second bi-weekly traffic report for the area of 47th Avenue
and Harbor lane is attached. 'This is in response to the
directive from the City Council (92-74). We are providing one
hour of stationary radar per week to monitor the speeds and take
appropriate enforcement action.
DP/sb
ATT: (1)
.T 10
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 16, 1992
TO: Lt. Paulson
FROM: Sgt. L. Holzerland
SUBJECT: SELECTIVE TRAFFIC ENFORCEMENT
S.E.A. #92-10 47th. and Harbor ln. (Summary #2)
Two one hour stationary radar assignments have been completed
in response to the traffic complaints in this area. Traffic in
both directions was clocked during this assignment. The speed
limit at this location is 30 m.p.h.
MPH 20/Less 20/25 26/30 31135 36/40 41145 46/50 51155
07-09-92 PM
Vehicles : 01 13 17 00 00 00 00 00
07-13-92 PM
Vehicles : 01 19 26 05 00 00 00 00
SUMMARY: 20/Less 20/25 26/30 31/35 36/40 41/45 46/50 51/55
Vehicles: 02 32 43 05 00 00 00 00 = 82
Percentage: .02 .39 .53 .06 .00 .00 .00 .00 = 100
VIOLATIONS- Tags issued: 00
Warnings: 01
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
Plann ing, Research, and Coordina tion of Numan Services
July 15, 1992 _
Dear City Manager: -
As your human services planning and coordinating agency, we try to
make the most recent research and statistics available to you. We
recently received the 1990 Census income figures *and havecompiled
the data for our fifteen cities. We are sending you. two key
charts:
o Median Household Income:in Northwest Hennepin
o Poverty in Northwest Hennepin
The median household income has been adjusted to constant 1989
dollars in order to facilitate comparison. As you can see, -while
the overall area median income grew by 2.5%, individual cities -
experienced significant increases or decreases.
The chart on poverty includes a column on population change in
order to help you assess whether poverty grew at a faster or slower
rate than the overall population of your city. Overall, poverty
grew at a significantly faster rate (45%) than *did *population
(22%). -
Other census figures are also available through our office. Our
goal is to help'you plan for the needs of your community. If you
have specific needs -for Census data or'other types of -information
please call our planner, Kim Aasland, at 493-2802. Please feel
free to share these statistics with your city council, department
heads and any one else you think would benefit f-rom them.
Si erely, `
Patricia S'. Wilder,
Executive Director
cc:- Executivb Board
BROOKLYN CENTER CORCORAN
BROOKLYN PARK CRYSTAL
CHAMPUN DAYTON
GOLDEN VALLEY MAPLE GROVE,,., PA .T
HANOVER NEW HOPE ROBBINSDALE _
HASSAN OSSEO ItRS f
7601 Kentucky Avenue N. • Brooklyn Park, MN 55428 _
(612) 493-2802 VIM JUL
MUNICIPALITY
Brooklyn Center
Brooklyn Park
Champlin
Corcoran
Crystal
Dayton
Golden Valley
Hanover
Hassan
Maple Grove
New Hope
Osseo
Plymouth
Robbinsdale
Rogers
MEDIAN HOUSEHOLD INCOME IN NORTHWEST HENNEPIN
(Adjusted to Constant 1989 Dollars)
1979
MEDIAN HOUSEHOLD
INCOME
(Constant 1989 $)
$38,057
$37,849
$41,185
$40,995
$38,242
$41,899
$51,557
$31,135
$44,869
$47,439
$40,927
$29,772
$47,550
$34,445
$32,904
AVERAGE $41,667
(Weighted by population)
1989
MEDIAN HOUSEHOLD
INCOME
(Constant 1989 $)
$34,168
$40,018
$43,218
$47,392
$37,093
$41,770
$46,212
$38,478
$45,250
$50,611
$36,096
$31,518
$51,314
$33,107
$40,000
$42,720
SOURCE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
1980 CENSUS/1990 CENSUS
PERCENTAGE
CHANGE
-10.2%
5.7%
4.9%
15.6%
-3.0%
-0.3%
-10.4%
23.6%
0.8%
6.7%
-11.8%
5.9%
7.9%
-3.9%
21.6%
2.5%
POVERTY IN NORTHWEST HENNEPIN
(as compared
SOURCE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
1980 CENSUS/1990 CENSUS
i �` JUL 2�
to)
MUNICIPALITY
1979
1989
PERCENTAGE
POPULATION
POPULATION
POPULATION
CHANGE
CHANGE
BELOW POVERTY
BELOW POVERTY
1979-89
1979-89
Brooklyn Center
1,676
2,031
21.2%
-7.5%
Brooklyn Park
2,572
4,221
64.1%
30.1%
Champlin
192
392
104.2%
87.1%
Corcoran
262
119
-54.6%
22.3%
Crystal
748
906
21.1%
-6.9%
Dayton
179
97
-45.8%
9.8%
Golden Valley
488
864
77.0%
-7.9%
Hanover
56
17
-69.6%
8.5%
Hassan
91
87
-4.4%
10.5%
Maple Grove
546
895
63.9%
88.7%
New Hope
936
1,353
44.6%
-5.3%
Osseo
158
145
-8.2%
-9.1%
Plymouth
854
1,681
96.8%
59.8%
Robbinsdale
533
704
32.1%
-0.2%
Rogers
41
24
-41.5%
-7.1%
TOTAL
9,332
13,536
45.0%
22.2%
SOURCE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
1980 CENSUS/1990 CENSUS
i �` JUL 2�
CIN OF
PLYMOUTR
July 23, 1992
James R. Paddons
2260 East Medicine Lake Boulevard
Plymouth, MN 55441
Dear Mr. Paddons:
It has been brought to my attention that nursery stock has been planted in
front of your home in what I believe is the City owned right-of-way. We are
concerned because the nursery stock will most likely be damaged by the snow
removal activities of the City of Plymouth which includes the use of snow and
ice removing chemicals.
The City Council permits landscaping in the City owned right-of-way but the
homeowner assumes all the risk of damage. Another problem is that the
landscaping will eventually encroach into the roadway and at some point in
time will either have to be removed or else severely cut back.
It is my suggestion that you move the landscaping while it is still manageable
so that it is no closer than ten feet from the curbline. This will ensure its
survival and permit the maximum enjoyment of the ultimate mature growth.
I thank you for your understanding and should you have any questions, please
feel free to contact me at 550-5103.
Sincerely,
Robert J. Pemberton
Risk Management Coordinator
RJP:gk
CC., Frank F. Boyles, Acting City Manager
Darrell Johnson, Senior Engineering Technician
Tom Vetsch, Street Supervisor
C
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
-1- - i H
NOTES
PLYMOUTH CITY COUNCIL STUDY MEETING
1993 BUDGET PRIORITIES
JULY 13, 1992
PRESENT: Kim Bergman, John Edson, Joy Tierney, Maria Vasiliou
STAFF PRESENT: Eric Blank, Craig Gerdes, Dale Hahn, Chuck Dillerud,
Fred Moore, Frank Boyles
Staff reviewed the legislative changes affecting the 1993 budgeting process, including
the elimination of levy limits and tax capacity losses. HACA aid was also discussed.
Mayor Bergman asked if Councilmembers were interested in serving on subcommittees
to hear individual department budgetary requests at the staff level. The members
present concurred that they did. Preferences expressed were:
Public Safety - Kim Bergman, Maria Vasiliou
Public Works - Joy Tierney, Carole Helliwell
Park and Recreation - John Edson, Carole Helliwell
Community Development - Kim Bergman, Maria Vasiliou
Administration and Finance - John Edson, Joy Tierney
A suggestion was made that assignments be made to assure that all divisions are
covered. Suggested assignments are shown . above. Frank Boyles cautioned
Councilmembers that the notice for these meetings were often short, corresponding
with when all staff members were available. Kim Bergman stated that meetings should
not be held up if Councilmembers were unable to attend.
Councilmember Vasiliou suggested that the staff inquire about Independent School
District 284 request for an Attorney General opinion about user's fees. She asked how
they might affect the City.
T- l LI
NOTES - PLYMOUTH CITY COUNCIL STUDY MEETING
1993 BUDGET PRIORITIES
JULY 13, 1992
Page 2
A letter from Joe Domagala was distributed. Mr. Domagala is requesting up to $5,000
from the City to fund costs associated with planning, implementing, and paperwork for
the revised Plymouth Hills - Downtown Plymouth PUD Plan. The Council did not
believe it to be appropriate to participate financially in this planning process at this
time. The staff is prepared to assist in this effort as appropriate.
Street Reconstruction
The Council concurred that it would be appropriate for the staff to refine the amount of
money required from the PIR Fund and/or tax levy to provide sufficient revenues to
continue the Street Reconstruction Program as planned. The Council concurred that
there needs to be an emphasis on maintaining infrastructure. Staff is to report back as
part of the budget process. Based upon discussion, the Council appears to be inclined
to make the PIR transfer this year. It was suggested that the Financial Advisory
Committee should look at the Street Reconstruction Program.
Storm Water Utility
Mayor Bergman stated that the storm water utility will be important in ensuring that
funds are set aside to accomplish state and federally mandated storm water system
improvement and maintenance work. He does not feel that $1.00 per month, or $12.00
per year (for single family lot) would be overly burdensome if the taxpayers were
aware of the tangible improvements to be made. The staff is to provide a proposal as
part of the budget process.
Code Enforcement
The Council concurs that the staff should implement a rental housing licensing and
inspection program for 1993 and for single-family dwellings for 1994. The assumption
is that both programs would be self -funding. The staff should consider various means
of staffmg this operation. The Council liked the idea of a provisional license to
provide the necessary cash flow to get the program started.
The Council's 1993 budgeting priorities were as follows:
1. Mayor Bergman - This year is an opportunity for the City to get back dollars which
it has had to forego in previous years because of levy limits. While he doesn't want
to see anyone's taxes go up, he believes it's essential that we recover these funds.
He doesn't believe that the City is over -staffed.
NOTES - PLYMOUTH CITY COUNCIL STUDY MEETING
1993 BUDGET PRIORITIES
JULY 13, 1992
Page 3
2. Councilmember Vasiliou - She is very concerned about safety. She has heard that
children do not go to city parks because of recent instances in other communities.
The City has to fmd a means of restoring confidence in the parks, whether by
having volunteers baby-sit the park, or some other method. Mayor Bergman stated
that a volunteer coordinator would be high on his list of priorities as did
Councilmember Edson.
3. Councilmember Vasiliou - She stated that adding trails for walkers and bikers is a
high priority in addition to maintaining what we presently have. Winter
maintenance is every bit as important as summer maintenance.
The meeting adjourned at 7:00 p.m.
't s. JUL. r? 'S
iy
T- I
NOTES
JULY 22, 1992
MEETING BETWEEN KIM BERGMAN, JOHN EDSON,
AND FRANK BOYLES
Kim and John indicated that they wanted to stop by and let me know their perspectives on the
organization and the role they would like to see the City Manager play. They recognized they
only speak for themselves and not the entire Council. Both Kim and John encouraged all
Councilmembers to feel free to sit down with Frank to talk about things at any time and to keep
an open line of communication.
Frank indicated that Jim Willis would be in his office periodically this week only. After that he
would no longer be visiting the City Center except as a resident.
Five firms were identified as possibles for the selection of a new City Manager. They include:
Jim Brimyer and Associates, Public Management Consultants, the PAR Group -Paul Reaume,
Sathe and Associates, and PDI.
Both John and Kim expressed support for initiating a Council/Dept. Head trust and team building
project, including strategic planning. They asked that the firms of Sumek and Associates and
Prouty Project• Inc. be contacted to provide proposals. Additional firms could be added if
Councilmembers request.
Both John and Kim emphasized the importance of helping Councilmembers to be aware of
significant actions involving the staff. It's important for the Councilmembers to feel they are in the
communication loop. They suggested that voice mail could be used or a brief memo.
Frank stated that it is sometimes difficult for the staff to know which issues the Council is
receiving a great number of calls on. Frank indicated that Councilmembers could use the voice
mail system to carbon copy voice messages they receive. By doing this, the staff would be alerted
to those issues on which the Council is receiving feedback and could be sure to provide regular
information even if little or no progress is being made. He stated he would provide instructions
for carbon copying voice messages in the upcoming Information Memo.
Kim suggested that the. engineering status reports be more understandable. For some projects,
more information would be helpful. For minor projects, there is a sufficient amount of
information. It might be useful to geographically portray the projects so that Councilmembers
have a better grasp of where the project is and who is affects.
The Council is looking for a "can -do" staff which will administer City policies in a fashion which
will get the job done and assumes that the client, given the proper opportunity will do the right
thing, not the wrong thing.
NOTES - MEETING BETWEEN KIM BERGMAN, JOHN EDSON, AND FRANK BOYLES
July 22, 1992
Page 2
John suggested that Springsted make a presentation to the City Council as part of the budget
process regarding the "state of the economy with respect to public finance - a look ahead to
1993". Frank will try to set such a presentation up as part of the initial budget study sessions.
Kim and John stated that the Sumek study is something that needs additional attention so the City
can decide what to do on this important matter. Similarly the City's Emergency Preparedness
Plans have to be updated to reflect reality. Frank stated that consideration of the Sumek study
and the Emergency Preparadeness Plan are ideal items to include in the Council's 1992-1993
Goals and Objectives.
Kim suggested that Frank make every effort not be a "stuffed shirt" doing business solely from his
office. A conscience, on-going effort needs to be made to circulate amongst employee groups to
establish a sense of camaraderie and togetherness. Frank stated that he intended to meet with
employees in the very near future to discuss various topics. He expects to establish a regularized
schedule of visiting employees where they work consistent with time constraints caused by the
press of business.
John is anxious to initiate an ongoing strategic planning effort involving the Council and staff.
Such an effort would be intent upon continually defining and refining the City's short, medium,
and long-range plans.
John has got a conflict for the August 18 budget study session. The suggestion was made that
Councilmembers be contacted to determine whether they could meet earlier in the day to provide
more time for the many topics that have to be discussed. Frank Boyles stated he will check with
Councilmembers.
It is estimated that the timeline required for filling the City Manager vacancy will be six months.
The five proposals received from executive search firms to three or fewer proposals, with all
proposals provided to the Council. On August 17, Ahe Council can meet early enough to allow
for one-half hour interviews for three firms. The interviews would consist of a 15 minute
presentation followed by 15 minute question and answer. The study session originally scheduled
for 5:30 would have to be rescheduled for 4:00 p.m.
Kim suggested that he drop by City Hall on Fridays to get together with Frank to discuss the
status of things on a weekly basis. Kim invites each Councilmember to participate in these
meetings, but to contact Frank in advance so that there is no risk of violating the open meeting
law if more than two members wish to participate. It was agreed that these notes would be taken
and distributed to the remainder of the Council so there would be an ongoing awareness of these
discussions.
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T -I-701,
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
JULY 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 Ed
Albro, Roger Scherer (arrived at 7:40),
Michael Wigley, and Dennis Zylla
MEMBERS ABSENT: Commissioners Barb Stimson and Scott Syverson
MINUTES
Motion by Commissioner Zylla, seconded by Commissioner Albro to
approve the June 24, 1992 minutes.
MOTION TO APPROVE
Vote. 3 Ayes. (Wigley abstained) MOTION carried.
METROPOLITAN LIFE. (91071)
Chairman Stulberg introduced the request by Metropolitan Life
for an amendment to a Residential Planned Unit Development
Preliminary Plan/Conditional Use Permit and Final Site plan to
increase offstreet parking by 99 places on an existing site;
including a variance to exceed 30 percent impervious coverage in
the Shoreland Overlay Management District located at 15700
Rockford Road.
Director Dillerud reviewed the June 24, 1992 staff report.
Chairman Stulberg introduced Mr. Richard Morris, representing
the petitioner.
Mr. Morris stated that the petitioner was to work closely with
the Plymouth Creek Town Homeowners Association, but over the
last few months there has been a lack of communication. He
stated that the miscommunication was not intentional. Mr.
Morris requested a postponement to the August 12, 1992 Planning
Commission meeting. He stated that the postponement will give
the petitioner time to meet with the homeowners and receive
their input.
Chairman Stulberg opened the Public Hearing, and introduced a
letter received from Pat Hallisey.
Chairman Stulberg introduced Patrick Hallisey of 4065 Quantico
Lane.
Planning Commission Minutes
July 8, 1992
Page 110
Mr. Hallisey stated that he represents the Homeowners
Association. He stated he would agree to the continuation and
would like to work with the petitioner toward a joint effort.
He stated he would defer commenting if the hearing is going to
be continued.
Commissioner Zylla stated he would like to continue this item,
and all Commissioners concurred.
Dee Block of 4035 Terraceview Lane deferred comment.
Hal Broxey of 15555 41st Avenue entered a petition into record.
He stated that the residents are prepared to present their
issues, but he would defer to comment if the hearing is to be
continued.
Dan Connors of 15565 41st Avenue North deferred comment.
Bonnie Olmstead of 4045 Terraceview Lane deferred comment.
MOTION by Chairman Stulberg, seconded by Commissioner Albro to
continue the public hearing to the August 12, 1992 Planning
Commission meeting date.
Chairman Stulberg stated that residents will not be notified
again.
Vote. 4 Ayes. MOTION carried unanimously.
RYAN CONSTRUCTION COMPANY (91085)
Chairman Stulberg introduced the request by Ryan Construction
Company for an amended Mixed Planned Unit Development Plan and
Conditional Use Permit for Waterford Park Shopping Center for a
second freestanding sign of 54 square feet located at the
northeast corner of 6th Avenue and Revere Lane.
Director Dillerud gave an overview of the June 24, 1992 staff
report.
Chairman Stulberg introduced Diane Olsby, representing the
petitioner.
Ms. Olsby stated that the reason the petitioner is proposing a
second sign is by the request of the tenants for needed exposure
the lack of which has caused a business hardship. Ms. Olsby
stated that -on March 4, 1992, the City Council did amend the
Mixed Planned Unit Development Plan and Conditional Use Permit
to increase the percentage of wall coverage by signs from 5
percent to 10 percent. She stated that most small tenants did
not take advantage of that because of the costs involved. She
stated that if this proposal is not acceptable, the petitioner
is open to suggestions.
c;�� JUL 2"' `�
T 1%0�,
Planning Commission Minutes
July 8, 1992
Page 111
0
Chairman Stulberg stated the Commission does not get involved
with design, they only deal with the ordinance issues.
Chairman Stulberg asked if the petitioner received comments from
the Development Review Committee and if staffs' concerns were in
those comments.
Chairman Stulberg asked if the setbacks were a design
consideration.
Director Dillerud responded that perceived signage deficiencies
are common to many developers. He stated that the setback is 20
feet from the right-of-way for signs.
Ms. Olsby stated if the issue is now visibility from Highway 55
and that if you traveled on Highway 55 you would go past the
shopping center before you realized one is there.
Chairman Stulberg stated at the time the Commission agreed to
increase the signage to 10% it was told to the Commission that
the shopping center owner did not want the increase to bring
people into the center , only to help direct people once they
are in the center. He asked what has changed over the last
year.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Lisa Minks of 10100 6th Avenue
North.
Ms. Minks stated that she is a tenant in Waterford Park Plaza
and that there is not adequate signage to attract people to the
center. She stated that people drive by the center and do not
even realize her business is located in the center.
Chairman Stulberg introduced Dean Belhard of 10100 6th avenue
North.
Mr. Belhard stated the increased wall signage that was approved
for the center is too costly, and that some space should be
worked out for'an additional freestanding sign.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated that he does not disagree with needing
added signage, but that tenants need to take the issue up with
the landlord and get their names on the existing sign where
Rainbow Foods is.
Commissioner Wigley stated that the center does need more
signage, but that the four foot setback is not enough. He
stated the petitioner should come up with another proposal.
JUL � .:
Planning Commission Minutes
July 8, 1992
Page 112
Commissioner Scherer asked how would .the second freestanding
sign would be considered dangerous.
Director Dillerud stated that the ordinance setback is 20 feet
and any time you place a sign close to the road at eye level it
could be a distraction.
Commissioner Zylla asked how the proposed sign on Revere Lane
would benefit people traveling on Highway 55 and how it would
benefit the shopping center.
Ms. Olsby responded that it would attract customers that are
entering the center already going to Rainbow Foods.
Commissioner Zylla feels the larger 10% signage previously
approved would attract better than a sign for those people who
are already at Rainbow.
Chairman Stulberg asked what type of flexibility does the
petitioner have with Rainbow Foods and the lease for the sign.
Ms. Olsby stated the lease is for 20 years with Rainbow, and Big
Top has a 10 year lease.
Director Dillerud stated that many options were discussed with
the petitioner. He stated he would not have a problem with
giving up a couple of parking places for a proposed sign if
setbacks were maintained.
Commissioner Scherer stated that -he sympathizes with the tenants
and landlords, and would be in favor of approval if the proposed
sign was located elsewhere. He stated the petitioner should
come up with a different proposal.
Commissioner Albro stated he also is sympathetic, but does not
agree with the 4 foot setback.
MOTION by Commissioner Albro, seconded by Commissioner Zylla to
recommend denial of the request by Ryan Construction Company for
an amended Mixed Planned Unit -Development Plan and Conditional
Use Permit for Waterford Park Shopping Center to allow for a
second pylon sign of 54 square feet located at the northeast
corner of 6th Avenue and Revere Lane.
Roll Call Vote. Vote 4 Ayes. (Commissioner Scherer voted nay).
MOTION carried on a 4-1 vote.
CARLSON REAL ESTATE COMPANY (92048)
Chairman Stulberg introduced the request by Carlson Real Estate
Company for a Conditional Use Permit and Variance to allow
banners to be attached to street light poles in the median of
Carlson Parkway located at Carlson Parkway right-of-way extended
south from Gleason Lake Drive to the south City limit line.
Planning Commission Minutes
July 8, 1992
Page 113
Coordinator Dillerud gave an overview of the June 25, 1992 staff
report.
Chairman Stulberg introduced Kathryn Benz, representing the
petitioner.
Ms. Benz stated that she concurs with the staff report.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Leonard Allen of 14420 Carlson
Parkway.
Mr. Allen stated he does not think the proposed banners would
help to beautify, and that this proposal is strictly a device
for advertisement.
Chairman Stulberg closed the public hearing.
Commissioner Zylla asked what necessitates the need to do this.
Kathryn Benz stated that this proposal would represent Carlson
Companies and form a continuity between the cities of Minnetonka
and Plymouth. She stated that is a form of beautification. She
also stated most people do not realize that Carlson Center is
over 300 acres, they only see the twin towers. This would be a
good way,to pull the project together.
Chairman Stulberg introduced Doris Allen of 14420 Carlson
Parkway.
Mrs. Allen stated she is tired of promises from Carlson Company.
She stated that this proposal would not beautify the area.
Commissioner Scherer asked if the banners have to be placed on
every light pole.
Ms. Benz stated yes on all poles south of where Gleason Lake
Drive intersects Carlson Parkway.
Commissioner Zylla asked if this will really create an identity
for Carlson Center.
Ms. Benz stated the petitioner wants everyone to know this is a
huge development and not just the twin towers.
MOTION by Commissioner Wigley to recommend approval of the
request by Carlson Real Estate Company for a Conditional Use
Permit and Variance to allow banners to be attached to street
light poles in the median of Carlson Parkway located at Carlson
Parkway right-of-way extended south from Gleason Lake Drive to
the south City limit line.
V-7 c-,
' Planning Commission Minutes
July 8, 1992
Page 114
MOTION died for lack of a second.
MOTION by Commissioner Zylla, seconded by Commissioner Albro to
recommend denial of the request by Carlson Real Estate Company
for a Conditional Use Permit and Variance to allow banners to be
attached to street light poles in the median of Carson Parkway
located at Carlson Parkway right-of-way extended south from
Gleason Lake Drive to the south City limit line based on
standard 3 of the Conditional Use Permit Standards regarding
impact upon adjacent properties,
Roll Call Vote. Vote 3 Ayes. (Commissioners Wigley and Scherer
voted nay). MOTION carried on a 3-2 vote.
MINNEGASCO (92049)
Chairman Stulberg introduced the request by Minnegasco for an
amendment to the Planned Unit Development Plan and Conditional
Use permit to allow for an experimental fuel service pump at a
single family unit located at 11525 51st Avenue North.
Coordinator Dillerud gave an overview of the June 25, 1992 staff
report.
Chairman Stulberg introduced Mike Cregan, representing the
petitioner.
Mr. Cregan stated that he concurs with the June 25, 1992 staff
report. He stated that Minnegasco has 200-300 appliances in the
United States now, and they are very successful.
Commissioner Albro asked if the unit locks.
Mr. Cregan stated that the unit does close and lock.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Kris Halverson of 5130 Forestview
Lane North.
Ms. Halverson stated that she commends Minnegaso for alternative
ways to fuel vehicles, but thinks this should remain in a
commercial area. She also stated she was concerned with what
this may do to property values.
Chairman Stulberg introduced Denise Michael of 5120 Forestview
Lane.
Ms Michael stated that she has talked with many of the
neighbors, and that they do not want this in the neighborhood.
She stated that there are too many unanswered questions and
concerns which include if they will smell gas; how far away from
the curb will the unit be; can the unit blow up; what will
J1.11' 192
Planning Commission Minutes
July 8, 1992
Page 115
happen if a leak occurs. She stated that they are also
concerned with the safety of the children.
Chairman Stulberg introduced Mr. Bob Weldon of 11530 51st Avenue
North.
Mr. Weldon stated he is concerned for the safety of children and
what it would do to the property values. Mr. Weldon stated this
should be located in a commercial area. He asked if it would
blow up, and what the noise level would be. He also stated the
property notice should be sent in something that looks official.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated that the Commission does not address
property values. i
Mr. Cregan stated that this unit is like an indoor appliance and
no appliance is 100% guaranteed. He stated that if it does
leak, it rises to the atmosphere
Chairman Stulberg asked it there would be any ground
contamination.
Mr. Cregan stated that the gas goes straight up and does not go
on the ground.
Chairman Stulberg asked what would happen if lightning hits it.
Mr. Cregan stated there is no storage of gas and it will not
explode.
Chairman Stulberg asked what the safety failure rate is.
Mr. Cregan stated that he has not heard of any life safety
issues as of this time.
Director Dillerud asked if Minnegaso' has made similar
applications to other communities, and what process did they
have to follow.
Mr. Cregan stated that Plymouth is the first City that Minnegaso
has had to go before the Planning Commission and City Council.
He stated they received administrative approval from Minneapolis
and Brooklyn Park. They have applied in Burnsville and will
have to go through the City Council
MOTION by Commissioner Scherer, seconded by Commissioner to
recommend approval of the request by Minnegaso for an amendment
to the*Planned Unit Development Plan and Conditional Use Permit
to allow for an experimental fuel service pump at a single
family site located at 11525 51st Avenue North.
Planning Commission Minutes
July 8, 1992
Page 116
MOTION by Commissioner Wigley, seconded by Commissioner Scherer
to add condition #6 to the approval resolution adding two more
posts for a total of four posts.
Roll Call Vote. 5 Ayes. MOTION to amend carried unanimously.
MOTION by Commissioner Wigley, seconded by Chairman Stulberg to
add 'condition #7 to the approval resolution adding two more
coniferous plantings for a total of six, to screen the four
posts.
Roll Call Vote. 5 Ayes. MOTION to amend carried unanimously.
Commissioner Zylla stated he will support the motion, but
sympathizes with the neighbors, as he would not like to have
this in his neighborhood. He stated the neighbors should have
received information from Minnegasco prior to the public
hearing.
MOTION by Chairman Stulberg, seconded by Commissioner Zylla to
add condition #8 that prior to issuance of a permit, the
petitioner meets with the neighbors within 250 feet to discuss
how this appliance works and what the safety features are.
Commissioner Zylla stated this Conditional Use Permit will be
reviewed after one year.
Roll Call Vote. Vote 5 Ayes. MOTION to amend carried
unanimously.
Roll Call Vote.. 5 Ayes. MOTION carried unanimously.
U.S. HOMES CORPORATION (92050)
Chairman Stulberg introduced the request by U.S. Homes
Corporation for amended Planned Unit Development Plan and
Conditional Use Permit. to allow for .fencing over 3 feet in
height in the front yard located at Lot 1, Block 5, Bridlewood
Farms.
Chairman Stulberg waived the overview of the June 25, 1992 staff
report.
Chairman Stulberg introduced Bill Pritchard, representing the
petitioner.
Mr. Pritchard stated he concurs with the staff report.
Chairman Stulberg opened and closed the public hearing as there
was no one present to speak on this issue.
MOTION by Commissioner Zylla, seconded by Commissioner Wigley to
recommend approval of the request by U.S. Homes Corporation for
an amended Planned Unit Development Plan and Conditional Use
P" '
4. .. V
Planning Commission Minutes
July 8, 1992
Page 117
Permit to allow for fencing over three feet in height in the
front yard for Lot 1, Block 5, Bridlewood Farm, subject to the
conditions 'listed in the June 25, 1992 staff report.
Roll Call Vote. 5 Ayes. MOTION carried unanimously.
Chairman Stulberg stated that the City Council has asked the
Planning Commission to review the Goff Homes site regarding the
Land Use Guide Plan and that it will be added to their study
list as number five.
Commissioners decided that there will be a study session on
Tuesday, August 11 at 7:30 p.m. They will discuss one topic at
a time.
Meeting Adjourned at 9:35 a.m..
r,,, : .
� tT.
All" � . S2
I -i -7b
Unapproved
CITY OF PLYMOUTH, MINNESOTA
CHARTER COMMISSION
REGULAR MEETING
MONDAY, JULY 13, 1992
I. Call to Order. Pursuant to due call and notice thereof, a
regular meeting of the Plymouth Charter Commission was held in
Council chambers at the Plymouth City Center on Monday, July
13, 1992. The Commission was called to order at 7:00 p.m.
II. Roll Call.
Present: Schneider, Tierney, Crain, Bobra, Singer, Speck,
Peterson, Pribble, Foley, Duntley, Milner, Bujold
and Wirth.
Absent: Ford and Patterson.
The chair announced that members Ford and Patterson had called
indicating their inability to attend.
Also present were David J. Kennedy, Commission attorney, and
Frank Boyles, Assistant City Manager.
III. Approval of Minutes. Moved by Duntley, seconded by Singer,
that the minutes of the June 8, 1992 regular meeting be
approved as prepared and submitted by the secretary. Motion
carried.
IV. Comments from the Public. The chair announced (i) that the
primary purpose of the meeting was to hear public comments on
the draft charter, (ii) that various public announcements of
this fact had been made, and (iii) that the Commission
welcomes and will consider any comments, written or oral, at
this meeting. The chair stated also that it was the
Commission's intent to make a final recommendation of a new
charter for the city at the meeting after consideration of all
public comments.
The following persons appeared before the Commission:
Richard Treptow. Mr. Treptow appeared on behalf of the
Citizens Financial Advisory Committee. His comments were
directed to Section 7.14 of the draft charter dealing with the
community improvement fund. He stated that the Advisory
Committee recommended that the section merely state a policy
in favor of establishing a fund, direct an establishing
ordinance, and leave details of implementation to the
ordinance. He stated that the Advisory Committee was aware
DJK38354
PL100-112
1
1176
that the Commission preferred leaving Section 7.14 as is, but
that the Committee wished to be on record with its position.
He also recommended that the phrase "bonds paid or defeased"
be inserted in Subdivision 1, clauses*(a) and (b).
Mayor Kim Bergman. Mayor Bergman stated his preference for
odd -year municipal elections because of the resulting emphasis
on local issues. The mayor also commended the Commission for
its diligence and effort in producing the proposed charter.
Councilmember Marion Vasilou. Ms. Vasilou stated her
preference for odd -year municipal elections indicating that
(i) the added expense is not significant, (ii) local issues
would get more attention, and (iii) she cannot support the
even -year election concept.
Councilmember John Edson. Mr. Edson stated his preference for
odd -year municipal elections indicating that (i) voters are
better informed, and (ii) even -year elections require greater
campaign expenditures by candidates because of campaign
activities for other non -local offices.
Edson also urged the ,Commission to put off adopting the
detailed language of Section 7.14 until it could be given
further study by the Council and various study groups.
Jenny Martin. Ms. Martin ( i ) stated her opposition to the
proposed ward system, (ii) agreed with Edson about Section
7.14, (iii) stated her preference for odd -year municipal
elections, and (iv) pointed out that the charter will be voted
on at an even -year election perhaps resulting in poorly
informed voters.
Joe Dammaglia. Mr. Dammaglia opposed the $3 million
referendum provision in Section 7.14 stating that the Council
should not be so restrained in making expenditures. The chair
pointed out that the provision applies only to the Community
Improvement Fund. He also thanked the Commission for its
work.
Byron Goldstein. Mr. Goldstein stated his preference for odd -
year municipal elections and thanked the Commission for its
work.
Ken Anderson. Mr. Anderson raised the following points: (i)
Section 2.08 should provide for a revocation of the mayor's
emergency powers. Motion by Foley, seconded by Crain, that
Section 2.08 be amended by inserting the phrase "as provided
by Council resolution" in Section 2.08. Motion carried with
five members voting against. (ii) Is IRR widely used by
cities? The chair responded that the Commission's information
is that those provisions are rarely used. (iii) Does Section
7.03 apply to special -assessments? The attorney answered no.
(iv) Why the $3 million limit in Section 7.14? The chair and
DJK38354
PL100-112
2
T- 1-7 b
Crain discussed the Commission's reasoning on this limit. Mr.
Anderson had a number of editorial corrections which were left
with Mr. Boyles.
The Commission then turned its attention to Section 7.14.
Moved by Crain, seconded by Singer, that the words "paid or
defeased" be inserted in Subdivision 1, clauses (a) and (b).
Motion carried.
A discussion ensued about Section 7.06 at the request of Mr.
Edson. Edson stated that the language about "estimated
revenues" and "adequate revenues" might be too restrictive.
Foley moved, seconded by Bobra, that the first full sentence
on page 23 be amended by inserting, after the word "revenues",
the phrase "together with other available funds on hand" and
that the word "revenues" in the following sentence be changed
to "resources." Motion carried.
Byron Goldstein again addressed the Commission pointing out
that in his judgment, the CPI adjustment formula in Section
7.14 was incorrect. A discussion ensued. Duntley moved,
seconded by Foley, that Section 7.14 be amended to provide
that the monetary limits of the charter to adjusted each ten
years, beginning in 2000, by application of an appropriate
index to reflect inflation and that the city clerk certify the
resulting adjustment at that time. Motion carried.
The chair then stated that since the Commission intended to
recommend a charter at this meeting, it was imperative that
any changes in the working draft be made at this time. Motion
by Speck, seconded by Singer, that the draft charter to
appropriately amended to provide for odd -year municipal
elections. An extended discussion ensued. Motion :lost with
Speck, Singer and Milner voting yes.
The chair moved, seconded by Crain, that Section 3.04 be
amended to provide that ordinances and resolutions be adopted
by a majority of Councilmembers present. The attorney pointed
out that ( i ) as to ordinances, this would be a change from
present Plan B requirements and would permit adoption of
ordinances -by a minority of the Council, and (ii) as to
resolutions, significant actions (e.g., issuing bonds) are
undertaken by resolution and that again, a Council minority
could take the action. Mover and seconder withdrew the
motion.
The chair then pointed out that two telephone communications
had been received as well as a memo from the City Manager.
These -documents were ordered placed on file.
The Commission recessed at 9:00 p.m.
The Commission reassembled at 9:15 p.m.; members Miller and
Bujold had departed.
DJK38354 3
PL100-112
=-i-7 b
The chair called attention to Section 12.13, subd. 5, about
the term of mayor. All agreed that it should read "two"
years. The Transition Committee agreed to double-check
Section 12.13 to insure conformance with the Commission's
adopted recommendation.
After further discussion, moved by Foley, seconded by Tierney,
that the draft charter, as amended this evening, be delivered
to the City Council for presentation to the voters of the City
in accordance with Minnesota Statutes, Sections 410.07 and
407.10. Upon vote being taken on the motion, the following
voted in favor: Schneider, Tierney, Crain, Bobra, Singer,
Speck, Peterson, Pribble, Foley, Duntley and Wirth, and the
following voted no: none. The chair declared the motion
carried.
The chair then expressed his gratitude to the Commission for
its thoughtful work on the charter and the cooperative spirit
in which it had proceeded. Member Crain commended the
original chair, Tierney, and present chair, Schneider, for
their leadership in developing the charter draft.
V. Publicity. A discussion ensued about techniques for
publishing the charter in preparation for the November
election. Boyles presented a memorandum outlining various
options as to cost. Duntley presented a memorandum outlining
a comprehensive program. Moved by Foley, seconded by Singer,
to request the City Council to appropriate a sum not to exceed
$5,000 to finance various publicity efforts. Motion carried.
The Commission agreed to hold a special meeting on Tuesday,
August 18 at 8:30 p.m. to discuss publicity techniques and
strategies. The regular August meeting was cancelled.
There being no further business to come before the Commission, the
Commission adjourned at 9:50 p.m.
Respectfully submitted,
David J. Kennedy
Acting Secretary
DJ1C38354 4
PL100-112
A
I -1-7c
NOTES
PLYMOUTH FORUM
July 20, 1992
Jan Mostrom of Peace Lutheran Church asked the Council for its support for the
Interfaith Hospitality Network. She hopes that the City Council will plane a high
priority on the Planning Commission's consideration of this issue. She stated that
St. Mary's of the Lake is also in support of the project. In order to facilitate prompt
review of this matter, they have provided to the Planning Commission a draft zoning
ordinance amendment. The Mayor stated that this item would be taken up as a regular
item on the agenda.
Mike Erickson, 12620 - 52nd Avenue North, stated that he is part of the "boot the
toot" campaign. He purchased his home in 1985. He states that there are more trains
than ever using the Soo Line tracks. He is unable to keep his windows opened in the
winter because of train noise. He encouraged the City Council to approve an ordinance
which would prohibit train whistles during certain times of the day.
Heidi Mernin (553-9776) suggested that the City Council consider reinstalling the stop
signs at the Pineview/Soo Line intersection. She stated that cars are speeding in this
area and the stop signs may help to control speeds. Fred Moore stated that he would
have to investigate whether this is an allowable use of stop signage. The Mayor
suggested that radar assignments could be run at this intersection in an attempt to
control speeding.
Don Bartels (553-0804) asked that the Council communicate with Soo Line engineers
not to "lay on the whistle." This is a large part of the problem. Frank Boyles stated
that a meeting is scheduled with the Soo Line and MnDOT. This subject can be
discussed at that time.
Scott Culberg, 12015 26th Ave. N. stated that he has lost access to his home by virtue
of the property next door being developed. Fred Moore stated that he would provide
additional information to the City Council. (VM 7/23)
FB:kec
July 17, 1992
Honorable Kim Bergman
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mayor Bergman:
Not recognizing the helpfulness and courtesy of people who
make life easier is not acceptable behavior.
When I sent my letter of "thank you" to city employees on
June 16, 1992, I was in error by not including the names of
_Dan Munson. Jnhn SwPenee DonKillian, Bill Tonn and Sue.
My apologizies to all five of them. Their personal
contributions in making all aspects of my dealings with the
city run smoothly is greatly appreciated.
Sincerely,
J. W. (Jack) Gassner
JWG/jeg
cc: Joe Ryan
EMBASSY HOMES
3131 Fernbrook Lane North
Suite #206
Plymouth, MN 55447
(612) 559-8171
I- 1'9 0�,
UNIVERSITY OF MINNESOTA
Twin Cities Campus
July 21, 1992
Laurie Rauenhorst
City of Plymouth'
3400 Plymouth Boulevi
Plymouth, MN 55447
Dear Laurie,
Department of Professional
Development and
Conference Services
Continuing Eamon and
214 Nolte Center
315 Pillsbury Drive S.E.
Minneapolis; MN55455-0139
2-625-6616
Flix:612-626-1632
Just a note to thank you for teaching in the Municipal Clerks
Summer Institute. This is a major professional development
program for the clerks and we appreciate your efforts in making
the week a success. We received many positive comments about the
individual sessions and the entire week.
Thanks again for your help.
Sincerely,
Richard Grefe
Program Director
gM
rIN
STATEEOF
J H
DEPARTMENT
METRO WATERS - 1200
PHONE NO. 772-7910
July 16, 1992
1--: Ido,
OF NATURAL RESOURCES
WARNER ROAD, ST. PAUL, MN 55106
FILE NO.
Mr. Dennis M. Coyne
Fredrikson & Byron, P.A.
1100 International Centre
900 Second Avenue South
Minneapolis, MN 55402-3397
RE: NORTHWEST BOULEVARD/SCHMIDT LAKE ROAD, CITY OF PLYMOUTH,
HENNEPIN COUNTY
Dear Mr. Coyne:
I am writing in response to your June 16, 1992 letter concerning
the construction of Northwest Boulevard in the city of Plymouth.
When DNR staff reviewed the city's original request for the "AD"
alignment, it appeared that the "AE" alignment could represent an
alternative with less environmental impact. Three changes to the
original "AD" alignment were identified which reduced the
environmental impacts of the "AD" alignment. We indicated in our
November 20, 1991 draft decision, that the "AE" alignment was
slightly preferred, in terms of environmental impacts, but that
once the changes in the modified "AD" were taken into
consideration, the environmental impacts of the two alignments were
not significantly different.
We received many oral and written comments (during the public input
process concluded in December 1991) that provided greater detail
and clarification on issues. Through the very rigorous public
input process completed for this project, we determined that the
modified "AD" alignment was the alternative that best met the
guidelines of Minnesota Environmental Policy Act and the
Department's rules. The permit requires three main mitigation
features (see Attachment A of the enclosed copy of permit 91-6185)
to mitigate for impacts to wetlands and wildlife habitat.
The Department of Natural Resources rules do not specifically
address noise. We recommend that you contact the city of Plymouth
directly and inquire as to measures planned to mitigate for. noise,
or contact the Minnesota Pollution Control Agency for additional
information regarding appropriate measures to mitigate for noise.
Noise impacts are outside this Department's jurisdiction.
J`
AN EQUAL OPPORTUNITY EMPLOYER
I- i9 C�'
Mr. Dennis M. Coyne
July 16, 1992 "
Page (2)
Thank you for your concern regarding this project. Please contact
me at 772-7910 if you have further questions regarding this matter.
Sincerely,
J n Linc Stine
Regional Hydrologist
cc: Jim Willis, City of Plymouth
Fred Moore, City of Plymouth
Meri Nielson, MN Pollution Control Agency
H
The Plmouth Gide hea e
3400 Plymouth Boulevard
Plymouth. Minnesota 55447
17 July 1992
f1s. Debbie Estes
Target Stores
liar. of Events and Marketing
33 S. 6th St.
P. 0. 1392
tili nneapol i s, 1-1N 55440-1392
Dear T1s. Estes:
On behalf of the Plymouth Civic League Board of Directors
and all the Plymouth residents who were at THE GRAND
FIREWORKS last evening, I want to thank you so very much
for facilitating the happening of this fabulous display.
I ars disappointed that the rain dampened the ending of
Music In Plymouth on 1 July; I am extremely grateful for
the cooperation of Target Greatland inletting Music in
Plymouth - Part II occur on 16 July. The fireworks display
was simply awesome. Thank you for being a big part of
our Twentieth Anniversary of Music in Plymouth.
Sin ely,
Bea r b a r a J. GLi.L
President -Board of Directors
Plymouth Civic League
July 16, 1992
Sueanne Amos
8924 47-1/2 Avenue North
New Hope, MN 55428
�8
CITY OF
PUMOUTR
SUBJECT: CITIZEN COMMENDATION
Dear Ms. Amos:
It has come to my attention that you were instrumental in our
arrest of four young burglars during the early morning hours of
July 7, 1992.
While delivering your paper route you noticed a suspicious car in
the area of Bass Lake, and a few minutes later you saw" four boys
running from a home in the area.
Using your cellular phone you called the Plymouth Police with the
location, description and license number of the vehicle.
Officers were able to arrive in time to stop the car as it was
leaving the area.
As a result of your alertness, property from recent burglaries
and thefts was recovered and the four thieves arrested.
Thank you for your assistance. I congratulate you on a job well
done!
Sincerely,
�hief Craig C. Gerdes
Publ'c Safety Director
Plymouth Police Department
cc: James G. Willis - City Manager
Sergeant Franz
Officer Christianson
3400 PLYMOUTH BOULEVARD, PLYMOUTH. 1.":NESOTA 55447, TELEPHONE (612) 550-5000
1-I9d
�t 9 Wayzata Office
Al 315 East Lake Street
;,, T�� � •`�h'a�-�?:� Wayzata, MN 55391
♦ Sc�irf` fir.' r'�,'�_ 612/473-3000
Fax 612/473-3932
July 17, 1992
Lundgren Bros Developers
935 E. Wayzata Blvd.
Wayzata, Minn. 55391 ,
Attention: Peter Pflaum
Gentlemen:
Congradulations on completing the entrance to "Churchill
Farms." It is very beautiful - however, in the process of
your development, you have "raped" the entrance to my home.
xo'r a -I,-s .
#1 - We havA always been able to cut the front ditch with
a lawn mower and if utility repairs were ever required, the utility
companies repaired the lawn with cultured sod. I want my ditch
on both sides of the driveway from the east line to the west line,
approx. 400 feet repaired with cultured sod and the shoddy re-
seeding over rocks which is there presently, redone.
#2 - When you added the turn-off lane for Churchill Farms,
you took away my driveway turn blacktop shoulders. I am now
forced to make a square turn into my driveway. I want my shoulders
back.
#3 - The Pond is down approximately one to one and one-half
feet from where it was before your construction. I have pictures
as evidence. I have talked to your engineers and they have not
responded. I want my pond level back.
I believe developers are to leave surrounding properties
in as good a condition as they were before.
I look forward to your reply.
maw; sf
cc: City of Plymouth Engineering
Mike Pflaum, LL ndgren Bros. Constr.
jQj® Q
Jo
Sincerely,
Y88820
y Wei erl C . Rd. 24
Plymouth, Minn. 55447
C"f�; JUL 2::` 197
1- 19 C_
July 14, 1992
Mr. & Mrs. A. LaFrence
12335 52nd Avenue North
Plymouth, Mn 55442
Phone: 551-1040 (unlisted)
Rim Bergman, Mayor
Plymouth City Council
3400 Plymouth Blvd
Plymouth, Mn 55447
Dear Mr. Bergman and Honorable City Council members,
Enclosed are clippings from this week's Star Tribune describing a
tragic accident in which a two=year-old Wisconsin boy was hit by a
train. We hope to prevent such a tragedy from happening to our own
children, ages 6 months, 2 years, and 4 years. Like this Wisconsin
family, we live very close to the railroad tracks: only one yard's
length away.
It is our understanding that a movement is underway to establish a
Plymouth city ordinance banning the train's whistle. Because we
will be unable to attend the July 20th city council meeting to
discuss this issue, we are writing this letter to express our
strong feelings against such an ordinance. We feel that the minor
annoyance of the noise is far outweighed by the added safety the
horn provides for our children. Not only are we reminded, as
parents, to ensure we know where our children are every time we
hear the trains whistle, but our children have been taught to be
afraid and run from the sound of it. Adding crossgates at all
intersections, which has been suggested as a possible alternative,
does nothing to protect these innocent children, who do not really
understand the danger a train represents.
We urge you to assist us in protecting our children. If some
compromise must be reached, the most drastic action that should be
taken is possibly limiting horn -blowing during curfew hours, such
as 10 pm to 5 am.
Sincerely,
Andy and Janet LaFrence
Star Tribune
Tuesday
July 14/19912
Read then recr!' le t-1;11� BW.'
_ _
En sneer .est. prai se
9
to..'Pu y:�.:
for-tryi, g};�:s:��Y :�., ,F_,,�.,:
t.m.?b off trai 11.py-Fin
e the toes. Heow
Adams
unable to sa,�
good condition with a broken riFafid
By M
Staff Writer
facial cuts that required stitchii,Wd
The parents of a Wisconsin toddlqr officials at St. Paul Children's Rdspi-
injured over the weekend when he tal. He is expected to go h9me.later
was run over by a train praised the this, week..
engineer Monday for crawling to S th*
ying to, His parents learned of the ic6dint
front of the engine and. tr
snatch the boy from the tracks. when they returned , home ,,Sunday
evening after a weekend with` rela-'
Lif I�ii'�61ir t tives. -Another relative had stayed -at
-.The boy survived but a- their five.-chil-
their home- to `watch 1, �
in the incident Sunday.-` -- - Ilis-son
AA� dren. Bluemel-said he thinks
Jo-nath-a'n BIuemeI,',;�,,-
followed'a dog about 500 feeiI�rom
"That guy,was on thekb tracki-Sun'
was impodconditio'n -Dave Bluemel, father of 2-yearhome to the railroad
f Hudson Towii-;�,*t,,
Monday, ;with a broken Jonathan Bluemel o ,day afternoon.
no matter':-,,_�,
ship. "That was amazing, I
Dave and Patti Blieinel speXi Sun;
'ib'7.
��croshed -toes' a04J. bow it turned out. yesterday pi -
r rday at thehds
day night and
fbi'a
_faial Doctorsoperated on Jonathan
c
second time yesterday, but they wereBoy continued on page
v
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(C(
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Coritibued* a page1B
-TArdl�-befiOveet hdtAi
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ed- their,son -
W.-asZoctors: operat on
miracle` '16'thdt he"s
R =ter:_.*- is.,a, c
-hospital news conferefice 3
-h
-they
At could -.-say �a . few; is'.
.a
-a iv
day:-, ..said. he I e . ..... rid'Id 61 n
worcK-.an'd-Tnake.?eyc�i.contact..wi
as
.well" i"heis.". . .1"'
-,could -tayju
'SomeWay.,wastwatching over liiin,;- si:'.oneA.-,
twR
BWrnQ=4 ng e
-thing o 'alk parents,
if
..1;jr1fly miracle
believe it ii.a would be to:keep-'*
'that he's alive.and doing as %�eU as b6`1 R
is..I also know that is because many 1-i-Arack -of: ybur.-children
-peopltlhilped us through.this situa
tioif CIPatti Bluemel said: 7111 could at
thing to all parents, it Patti Bluemell
.;":-Would,be to keep track of your 'chil-
times."
-risked -his- e, ..'-said Leslie
IN
k1DrA.PilalfDonihui�-.'said -surgeons re•-
Oeveland.. Hague, ;a-,.,spokesworaan.t114-
Ydushed -.,tissue.. -,and. ,bones '-?f.
-r�dlroad.: "Unfortunately, the
-P
X r&m-thi;bdVs'-rijlit:foof and' art of Afor the
.ttiosbi on- his Ieft,-foot.said 4 child was injured,' but the fact that he '14
�tiiat;enbiigh;of th6 right foot remains Zis.:-alive and will 'be *.OK -is. a:.real
-V
Hajue: :said the: ti
y ...... which,weighs
d been.missing. ., Z
about 20 -about 6,500 tons; had slowed from 23
eer " miles per hour to 8 miles per ho& by
Carl Nelson��i@.
over the boy.. It
n -.-'- the .time it passed
..�.`of Aide *'Hills saw him, wearing onlY.'
i,,,ai:diaper,%i:sitting.by. a 'dog on the '.� stopped -with thi,.fifth,engihe above
-on the . emer 'She said- thi
i Hague -said Dr6; ii: -m* Staff -Photo by -David Brewster
NX6icYs.*.H6pdf en airy him, d.
clearaacd-iinder an*'
brakes -Fuf- realized -that --the Chicai6iZ,abo�t 10 inches-
nonal
fbr,��Patfl Bluernel - and -
'&�z*N6ith,:.Westem-train',:-ivith -five engine.. Nelson, -who -has -worked
t St. Paul Childr(
j,!.
--I 76ifiotivis -and. 103 a6; couldn't '7-.7 the railroad,for 18.yelrs, was back at'Monday afternoon -a
ocb . .....
'_stopin.ximi.iSo -hi climb6& out onto '.work*. yesterday,,. and,,,63uldn!q
"!. .., - n .
ad prayer. yer:'In this .case d say i
.;,the drwA�'16r�the,froit W'the 'reached
-.1-�Igthe)pngineertdid-more:than-thaL:Hc:''
I :U'tn'
o:scoop-up e
'144
dihis-.-6vni.�.Ufe-iand..-did.:allrh'
i.W", Haju6`6;iid'1hat
if-:dals gaidl.,
a. `%510 "All h"
t7 can-do'is'.% -t save
x1,_,WM7W11j -could e ' thi
9a real precarious p
the .frac Y ." -.T I
blow.the �vhistle, -throW-it int6`emer-
M
f
; J"
r UL
A ident/knew «�-
in time:,�;...JHUdsdn, oy,,
lrain'couldn't st(1, b
7rvi
..
Continued from page 1A drove over him at about 10•
Mph ves.-
6�.4t z J
fi.y
10, and 14, noticed that 1 Ou 0
-d Can i� il'sit�i;�,�O*ii
what you -being
s not in the house, which like -that,". Nelson said last night run ..
Jonathan was "It was is near the railroad tracks in Hudson from his'Aiden Hills homi.
__OVf r,
-hardly heroic..'..*,,..'-.
The Sheriffs Department
Township. T
said the three immediately started
searching outside. He walciant. to gNE any detaili',
went in police re
Mly
ports. Apgar
Meanwhile, engineer Carl Nelson of Staff Writer -
Arden -Hills and conductor Steve. Nelson ...- and ` Eastman,i immediately i
Eastman:of Eau Claire, W is., were called for help. When Hudson police boy, survived:':
aboard a Chicago and Northwesternand an ambulance arrived,'the child when; a: freight. train. going. 10
- conscious and lying under the
train pulling 103 cars westward on* was con smiles. per. hour rumbled, over' -
the' outskirtstrain. F, him Sunday just o
of Hudson. At about u
--'-'side Hudson Wis.
A20, both mep spotted a dog and a on A.. .
Jonathan was rushed to' Hudson; small child wearing only a diaper
sitting on the train tracks ahead. l Hospital and then taken to St. Paul M)6spite the desperate e orts -o
ffl f
surgery: Res- '!.the engineer to grab the child -
Children's -Hospital for'surgery:
Nelson said they pulled the brakes cue workers tried to retrieve- several ::Jonathan *Bluemel hent undW`-.1..'=
and blasted the whistle to warn the of his severed. toes, but a hospital the train.
*child. The child suddenly stood up in spokeswoman said they were too
the middle of the tracks. badly damaged to reattach."
"Jonathan had several toes sev--
"•but'
.,.ered and was in--seriouq
N61son said he knew the train would stable condition. latd'last -nigh! LI:
not stop in time. He climbed out of ?t. -at St!
Tatil Childiefi'i Hospital.
the cab and -onto the drawbar on the iW6. h6drs ' of. surgery, D u r;'n g
front of the train hoping he could: '6rdoctors4eri, able to clean his,* -
':did not.
up the. child. But at the last
scoop wo�pds�,,bu�-,they rea
6.tach the toes.-.-.,-,
second, Jonathan ducked down and
out of Nelson's. reach. The train
'"He's one very, very lucky
:..:.tle boy," gaid-a-hospital repie�
sentative"This could', haVi�-�"
.-
been much worsii.",,.
,According -to 'the; -St.'::-Croi x-:.-
.,.
. .�'County Sheriffs "Department
.1"Jonathan's parents, -Dave and-
PattY Bluemel of Hudson, wet
...,awaj for the- weekend. -They,!��,
-• 4
left theirthreechildren'�with'-,a'.',�-
fintily mimber.
'-'!.'M'ab6ui 4 P.M.', t e sitter. aind
s,'c',
two sisters,tsica;'t
Accident continued on page .6
L -L
tit
tit. L
er
. i41 2 ,, �02
� a I `t-�-.
July 24, 1992
Mr. Tony L. Chen
5605 Lawndale Lane
Plymouth, MN 55446
CIN OF
PLYMOUTFF
SUBJECT: POLICE CASE 91-17168
Dear Mr. Chen:
Mayor Bergman has supplied me with a copy of your July 13 letter, together with the
court order and memorandum in the case of Tony L. Chen versus Vern and Lillian
Maunu and Valerie Santwire. I have referred these materials to Public Safety Director
Craig Gerdes for investigation and additional information. By copy of this letter, I am
asking Mr. Gerdes to:
1. Determine whether the City recovered stolen personal property of yours and
determine its final disposition.
2. Comment upon your suggestion that a citizen review committee be established with
respect to our existing procedures. You should be hearing from him within the next
two weeks.
In the meantime, feel free to contact me if you have any questions at 550-5013. Thank
you for taking the time to share your concerns with us.
Acting &5ty Manager
FB:kec
cc: Mayor & City Council
S.F. 8/7/92
ILP
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Tony L. Chen 5605 Lawndale Lane Plymouth MN 55446 Tel 4 - 146 at work
July 13, 1992
Mayor
Plymouth City
City Hall 1 C�
Plymouth MN 55446
Re: Police Case 91-17168
Dear Mayor :
The purpose of this letter is to request Mayor to set up a citizen
review committee to review the " custodian siolen property" in the hand of
Plymouth Law Enforcement, to review the log din , disposed procedure
and its inventory in storage of all stolen goods in the hand of Law
Enforcement Authority.
It happened to me twice in 10 years, that Law Enforcement Authority called
me after I reported theft case, that thief and stolen goods
were in Authority's hand, and Authority requested me to testify against
thief in court.
There were stolen personal properties which matched with the description
I reported to police, and the stolen goods were in the hand of AUTHORITY.
Authority requested me to allow them to hang on the stolen property in
their hand until the case was tried in court.
When the court case was over, I requested the return of my stolen property,
Authority denied that they ever recovered my property, and the cases were
disposed without trial.
This happen to me in the following cases :
1. Case 91-17168 Valrary Santwire, and Maunu case.
2. Valarie's friend Jannet Cameron case in 1982 case.
As these similar cases happened to same person in same manner ended with same
result, and finally Authority denied the theft case with exactly the same way,
that leaverme to worry that Valarie knew the weakness of Authority, that
Valarie will do the same thing to me again in the near future.
I will have time to testify these cases in city meeting hearing, if
you are interested in the public safety handling situation.
Sincerely,e!!�
To y L. Chen
T-- i 9 -�-
JUL 2 'v:�
STATE OF MINNESOTA F � L-_ ED DISTRICT COURT
COUNTY OF HENNEPIN - i i 1 ! : + FOURTH JUDICIAL DISTRICT
--------------------------------------------------------------------
-I-- i - ----------------------------- .
Tony L. Chen vCURT
Plaintiff,
ORDER AND MEMORANDUM
-vs- File No. MX 91-019816
Vern Maunu, Lilian Maunu
and Valerie Santwire,
Defendants.
The above -entitled matter came duly on for hearing before the
the undersigned Judge of the District Court on June 3, 1.992 on
motion of the Defendants to dismiss Plaintiff's Complaint and for
costs in bringing said motion. Neil B. Dieterich, Esq. appeared on
behalf of Plaintiff; Stan Nathanson, Esq. appeared on behalf of
Defendant.
Upon all the files, records, proceedings, and arguments of
Counsel herein,
ITIS HEREBY ORDERED That:
1.
Defendant's motion
to dismiss
be, and
hereby
is,
denied.
2.
Plaintiff be, and
hereby is,
ordered
to file
an
Amended
Complaint in compliance with the requirements as set out under
Rules 10.01, 10.02 and Minnesota Statutes, Section 549.21,
Subdivision I.
Dated:
-11 BITHE UR
G
Fr lin J. Knoll
T-I`t-�
MEMORANDUM
Plaintiff, Tony L. Chen has- initiated a replevin action
against Defendants Vern and Lilian Maunu and Valerie Santwire,
("Defendants") . Defendants have moved for an order dismissing the
Complaint for lack of jurisdiction asserting insufficient service
of process; failure to state a claim upon which relief can be
` granted; and failure to comply with the requirements of Minnesota
Statutes, Section 549.21, Subdivision 1: Defendant has also moved
for costs in bringing this motion.
Rule 4.03 of the Minnesota Rules of Civil Procedure provides
that service is to be made upon an individual by delivery of a copy
of the summons and complaint to the individual's usual place of
abode with some person of suitable age and discretion then residing
therein. Delivery of the summons does not require that it be
placed in defendant's hand.. See Neilsen v. Braland, 264 Minn. 481,
119 N.W.2d 737 (1963). Here, the summons and complaint were left
in Defendant's door by Carol Chen who observed Mrs. Maunu on the
porch of the home pick up the documents. Accordingly, Defendants'
motion to dismiss for lack of jurisdiction has been denied.
In order to properly grant a motion to dismiss for failure to
state a claim upon which relief can be granted the court must find
that no facts exist which could be introduced consistent with the
pleadings to support granting relief demanded. Northern States
Power Co. v. Franklin, 265 Minn. 391, 122 N.W.2d 26 (1963).
Although it is clear that the Plaintiff has failed to comply with
the requirements for proceeding under Minnesota Statutes, Section
565.23, the court is of the view that Plaintiff has stated a
z-�CI-�-
general claim upon which relief can be granted. Consistent with
Minnesota's long-standing recognition of the concept of notice
pleading, the Plaintiff has alleged facts, which if proved, would
constitute sufficient grounds for a replevin action.
Rules 10.01 and 10.02 of the Minnesota Rules of Civil
Procedure require that every caption have a proper heading and
title including all the parties to the lawsuit. This requirement
has been substantially complied with. Under Minnesota Statutes
.Section 549.21, Subdivision 1, requires that all pleadings
incorporate a signed acknowledgment stating that the parties
acknowledge that costs, disbursements, and reasonable attorney and
witness fees may be awarded to the opposing party or parties. This
was clearly not complied with. Accordingly, the court has ordered
that an amended complaint be filed within 10 business days in
accordance with the Rules. Defendants' motion for fees has been
denied.
FJK
ROBERT L. CROSBY
LEONARD M. ADDINGTON
ROBERT R.BARTH
N. WALTER GRAFF
ALLEN D. BARNARD
RIcaARD A. PETERSON
ROBERT J. CRRISTIANSON,JR
FRANK J. WALZ
FRANK VOGL
MARWUS W. VAN PUTTEN, JR.
DAvID B.MoasE
JoRN A. BURTON, JR.
JAMES C. DIRACLES
ROBERT L.MELLER,JR.
SCOTT D. ELLER
BEST & FLANAGAN
ATTORNEYS AT LAW
CHART.vS C.BEROUIST
GEORGE O. LUDCKE
E.JOSEPH LAFAvz
GREGORY D. SOULE
CATHY E. GoRLIN
PATRICK B. HENNESSY
TimoraY A. SULLIVAN
TAMMY L.PAST
BRIAN F. RICE
TRACY J. VAN STEENBURGH
DAVID J. ZUBKE
STEVEN R.KHUoER
JAMES P. MICHEIS
PAUL E. KAMrxsEl
3500 IDS CENTER
80 SOUTH 8TH STREET
MINNEAPOLIS MN 554o2 -2n3
TELEPHONE (612) 339-7121
TELECOPIER (612) 339-5897
July 23, 1992
Mr. Frank Boyles
Acting City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Boyles:
-1-19 b --
DANIEL R. W. NELSON
CINDY J. LAR ON
JOHN P. BOYLE
Ross C. FoRxzLL
CARYN SCHEaB GLOVER
SARAH S.GODBREY
MARY E. SHEAaEN
CATHERINE J. COURTNEY
KEITH J. NELSEN
TaecY F. KocHENDOHFER
JEANNIcE M. REDINO
SARAH CHIPPEN MADISON
ROBERT D. MAHER
DAVID H.JoaxsoN
OF COUNSEL
JoaN R. CARROL.L,
JAMES D. OLSON
ROBERT M.SKARE
ARCHIBAT SPENCER
CHARLES S. BELLOWS
WARD B. LEWIs
JAMES 1. BEST
1009.1099
ROBERT J. FLANAGAN
1999-1074
Enclosed please find a copy of an article which appeared
in the July 23, 1992 edition of the Star Tribune containing
statements regarding the resignation o James Willis as City
Manager. .Please be advised that no city employee should make any
statements of any kind regarding Mr. Willis' resignation. Such
statements may constitute actionable violations of the Minnesota
Data Practices Act. Please ensure that City..empl.oyees., do._.not
discuss Mr. Willis' resignation with the.press.or any_.other party.
Thank you for your cooperation in this matter.
Ver my yours,
t
R ert L. ell
City Attorney
SCM:emw
enclosures
cc: Plymouth City Councilmembers
Mayor Kim Bergman
2422Q
Star Tribune/Thursday/July 23/1992 •7B ' /
City manager,
under fire, resigns
Facing *a City Council majority
intent on firing him, Plymouth
City Manager Jim Willis resigned
on Monday. He had been the
city's top administrator for 21
"Resigned is a pleasant word,"
said Carole Helliwell, one of Wil-
lis' allies on the council. "I con-
sider that he was fired." She said
she and Council Member Joy
Tierney were opposed to the
Council's asking for Willis' resig-
nation.
Mayor Kim Bergman and Coun-
cil Members John Edson and Ma-
ria Vasiliou favored Willis' depar-
ture.
Willis, $4, said that after his per-
formance reviews in May and
June, Bagman and Edson told
him that they had the votes to fire
him and asked him to resign. "It
took me by surprise," said Willis.
"The problems they raised
weren't very substantive and I
would have liked to think we
could discuss them in a forthright
fashion."
Under Willis' departure agree-
ment, he will serve as a consultant
to the city for six months. Assis-
tant
City Manager Frank Boyles
will fill the position until a new
city manager is hired.
1-i"cd,
���Yi JUIL 2`
July 23, 1992
Don Birkeland
Personnel Decisions, Inc.
2000 Plaza VII Tower
45 South 7th Street
Minneapolis, MN 55402
Dear Mr. Birkeland:
s
CIN OF
PLYMOUTI-F
-I- I C� k
The City of Plymouth is seeking proposals to conduct an executive search.. Our City
Manager recently resigned and the City Council wants to recruit and hire a person
with the experience and drive to direct the affairs of a rapidly developing community
with a population of 52,000.
Your proposal should include at minimum:
1. A detailed explanation of your recruitment and selection process.
2. A timeline for the process measured from the date the ad is published.
3. A cost not to exceed together with your assumptions upon which the proposal is
based.
Our plan is to select two or more firms with which the City Council will conduct 1/2
hour interviews on the afternoon of August 17. The Council will select the firm to
conduct the search at its 7:00 p.m. meeting on Monday, August 17.
Proposals should be submitted to: Frank Boyles, Acting City Manager, 3400
Plymouth Boulevard, Plymouth, MN 55447, by August 10, 1992.
If you have questions, please call Frank Boyles (550-5013), or me (550-5019).
Sin ly,
J ette Sobania
ersonnel Coordinator
JS:kec
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
City Manager Search Mailing List
Jun Brimeyer
The Brimeyer Group, Inc.
One Tenth Avenue South
Hopkins, MN 55343
945-0264
Chris Johnson
Sathe & Associates
5821 Cedar Lake Road
St. Louis Park, MN 55416
546-2100
Larry Thompson
Public Management Consultants
4544 IDS Center
80 South 8th Street
Minneapolis, MN 55402
337-5808
Don Birkeland
Personnel Decisions, Inc.
2000 Plaza VII Tower
45 South 7th Street
Minneapolis, MN 55402
339-0927
Paul A. Reaume
President
The PAR Group
100 Waukegan Road
Lake Bluff, Illinois 60044
(708) 234-0005
Jan Prescott
MDA Consulting Group
International Centre
920 2nd Ave. N., Suite 1300
Minneapolis, MN 55402
334-3299
-I-iC,k
` JUL 2:'2
T Cl
July 23, 1992CITY 0�
PUMOUTF+
Scott and Ruth Kulberg
12015 26th Avenue N.
Plymouth, MN 55441
SUBJECT: USE OF UNOPENED -ALLEY
ELMHURST ADDITION
Dear Scott and Ruth:
I am responding to your letters of July 13 and July 16 to Mayor Kim Bergman
on what is required to have an alley opened behind the home which you
purchased in, May. This matter was also discussed briefly with the City
Council at the public forum on July 20. I also met with you on July 14 and
22 to discuss the requirements by the City on having an unused alleyway
opened.
As brief background to summarize the situation as I understand it, the
following are the events which led to your current situation:
1. In May, 1992, you purchased the property.
2. The property which you purchased and the adjoining property
to the west was owned by the same person-. The driveway
serving your property was on the adjoining property and
there was no driveway from your property to 26th Avenue.
3. At the time you purchased the property it was made known to
you that you would no longer have use of your driveway on
the adjoining property when a new house was constructed.
4. During the week of July 13 the house on the adjoining
property, was removed and construction began on the new home.
5. Although there is a public alleyway behind your property, it
has not been opened for use.
A portion of the public alleyway behind your property is being used by other
property owners in the area. The City does not maintain alleys and all
maintenance, including snow removal, is done by the property owners using
the alley. As we have discussed, on a portion of the area being used to
access some properties, it is not within the land dedicated as the public
alleyway. If you were granted permission to open and improve the public
alleyway in order that you could use it to access your property, it would be
necessary to construct it within the public land.
JUL
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
z-Ict
Scott and Ruth Kulberg
July 23, 1992
Page Two
In order for the City Council to determine if the public alleyway should be
opened, they would hold a public hearing so all property owners could give
their opinion on the opening of the alley. If you take it upon yourself to
circulate a petition to these property owners and receive their concurrence
in opening of the alley, then a public hearing would not be necessary. As
we discussed, enclosed is a sample of a petition which could be used along
with a drawing indicating the names and location of the adjoining property
owners.
As- I have previously stated, the City of Plymouth does not maintain
alleyways. It is my recommendation to the City Council that if permission
is granted for this alley to be opened, the following conditions would be
part of this approval:
1) That the City Attorney prepare a document which would be
recorded with your property indicating that its access was
from a public alleyway and you or any future owner- is
responsible for all maintenance necessary for access to your
property. The document would further state that the City
does not provide maintenance of this alley.
2) You are responsible for all construction and its associated
cost to open the alley for traffic.
I need the petition returned by July 28 if all the property owners concur
with the opening of the alley. If it is received by that date, the matter
can be placed before the City Council at their August 3 meeting. You were
also to let me know if you were unable to receive the concurrence of all the
property owners and are requesting the City to notify the property owners
and hold a public hearing.
Please let me know if I can be of any assistance or answer any further _
questions. My direct phone number is 550-5080.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
enclosure
cc: Frank Boyles, Acting City Manager
Wk` JUL ?'�-'9?
T AlIty To 13e. oper-ca
1610.35 G'ES
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119
I concur with the request by Scott and Ruth Kulberg to have the public
alleyway adjacent to my property opened for access. I understand that the
City of Plymouth will provide no maintenance on this alley and all necessary
maintenance must be provided by the property owners.
K W -VM
ADDRESS
JUL2-, r>
CITY STATE ZIP HOMESTEAD
[ OSALE DATE PURCHASE PRICE SOURCE CNTY STUDY
BACKMAN, GERALD 100 0&0
BACKMAN, GERALD 12035 26TH AVE N
PLYMOUTH MN 55441 li
CITY STAT:
[ ®SALE DATE PURCHASE PRICE
SCHAULS, RICHARD W
RICHARD W SCHAULS
PLYMOUTH MN
CITY STAT t
[Q SALE DATE PURCHASE PRICE
LOUMA, RONALD
LOUMA, RONALD
p MN
CITY STATE
O SALE DATE PURCHASE PRICE
[ SIDWELL, JAMES R
JAMES R SIDWELL
PLYMOUTH MN
L l Y nvrla a i r,Au
SOURCE CNTY STUDY
100 0&0
12045 26TH AVE N
554410000
L 1Y 11 V1'1 L' J l aiAL
SOURCE CNTY STUDY
OWN
2464 HEMLOCK LA N
55441
ZIP HumzbTtAL
SOURCE CNTY STUDY
55441
CITY
STATE
zi?
SALE DATE PURCHASE
PRICE
SOURCE
[
NESS, JERRY
NESS,_ JERRY
PLYMOUTH
MN
55441
SALE-DATEPURCHASE
PRICE
SOURCE
[ RUEGEMER, DELROY
06
RUEGEMER, DELROY
MOUTH
MN -
55441
OWN
2484 HEMLOCK LA N
N
nUVIL a i LAL
CNTY STUDY
100 0&0
2480 HEMLOCK LA N
CNTY STUDY
100 0&0
2476 HEMLOCK LA N
0111 J1e11L• a.ta
E(3------------
SALE DATE PURCHASE PRICE SOURCE CNTY STUDY
RUFF, WILLIAM C 100 0&0
WILLIAM C & CATHERINE R RUFF 2472 HEMLOCK LA N
PLYMOUTH 554410000 H
Ci TY .71A1b Llr asvaauvauaa..
SALE DATE PURCHASE PRICE SOURCE CNTY STUDY
[ STEMAN, MAYNARD OWN
MAYNARD & JOYCE STEMAN 9920 36TH PL N
PLYMOUTH MN 55441 N
aLai z c,ir
CITY
SALE DATE PURCHASE PRICE SOURCE
[ LARSON, RICHARD A
\1 RICHARD A & CHARNELLE R LARSON54410000
PLYMOUTH _ _ ---
CNTY STUDY
100 0&0
2450 HEMLOCK LA N
H
JUL
=�-M
■-=J l
MMO
i
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: July 23, 1992
TO: General City Employees
FROM: Kin M. Bergman, Mayor 1 r�rp
SUBJECT: VARIOUS MATTERS
Jim Willis's resignation from the City raises a number of concerns by city employees. This
memorandum is intended to respond to those concerns as the Mayor and a member of the City Council.
Any resignation creates a degree of unrest in an organization - especially where the chief executive
officer is involved. There is a natural concern about job security.
t
I want to begin by confirming that I, for one, believe that we have one of the finest city staff's in the
twin city area. Maintenance employees, police and fire personnel, general city employees, supervisors
and department heads throughout the organization are well regarded. I personally support your
important efforts.
As a legal matter, only the City Manager is accountable to the City Council. The Council, under law,
may not discipline other members of the city staff.
As you probably are aware, Frank Boyles has been named Acting City Manager during the time period
in which the Council will be soliciting applications to fill the City Manager position.
The recruitment process will involve solicitation of proposals from five executive search firms. The
proposals will include the proposed process which the firms intend to use, a timeline for completion of
the process, and ' cost proposals. The five proposals will be reduced to an appropriate number and
submitted to the City Council prior to the August 17 meeting. The Council will interview the finalist's
firms and if all goes as expected, we should select an executive search firm to fill the position at the
August 17 meeting.
I hope that you will give Frank your utmost cooperation. I know that I can count on each of you.
I hope that this memorandum clarifies concerns that you may have. If you have questions, feel free to
contact your supervisor or Frank Boyles at extension 5013.
NOTES
MEETING BETWEEN WEST MEDICINE LAKE COMMUNITY CLUB
REPRESENTATIVES AND ADJACENT NEIGHBORS
July 22, 1992
PRESENT: Representing Community Club: Dolly Reveling - Rental
Agent/Manager, Karen Nelson - President
Representing the neighbors: Frank Cleave, Mark Hlavacek, Matt &
Lynn Abe
Representing the City: Craig Gerdes, Public Safety Director; Dennis
Paulson, Lieutenant; Frank Boyles, Acting City Manager
Frank Boyles stated that some years ago, meetings between the Community Club and
adjacent neighbors and City representatives had been fruitful in resolving issues
between the parties. Because of the effectiveness of the initial meetings it was
unnecessary to conduct annual meetings. Now new concerns have arisen and it is
appropriate to have another meeting.
Frank Cleave stated that the club has been believed to be effective in controlling noise
except when the security officer: 1) fails to stay outside to ' check noise; and 2) does
not patrol the parking lot to prevent people from congregating. In some cases there is
absolutely no problem, and in other cases, the security guards are ineffective. The key
is follow through.
Dolly Reveling stated that she has been identifying those security guards which are
ineffective. Similarly, she has "blacklisted" bands and DJ's who are not sensitive to
the club's rules about noise.
Karen Nelson stated that she has bartended once. When a call came in, she advised the
band to lower its noise level. She stated that the bands tend to naturally increase the
amplifier volume as the night goes on.
Frank Cleave asked what the Police Department could do.
Craig Gerdes stated that they normally ask the owner to control the noise, not the band
or DJ. The property owner is the responsible party under the ordinance. He is pleased
that the Community Club is identifying those security guards, bands, and DJ's who are
ineffective. This can affect the income of each group because the Community Club
will not act as a reference. Frank Cleave stated that the essential element is the
security guard. Some seem to wait for the neighbors complaints before taking any
action.
11,.' iuii 2J'9K.
.L -
NOTES - MEETING BETWEEN WESTMEDICINE LAKE COMMUNITY CLUB
REPRESENTATIVES AND ADJACENT NEIGHBORS
July 22, 1992
Page 2
Karen Nelson stated that sometimes the noise is created by vandals or others not
associated with the Community Club, illegally using their property.
Mark Hlavacek stated that there are more than one variable. There can be an
ineffective guard, combined with an insensitive band and/or DJ, and vice versa.
Frank Boyles asked whether the Community Club requests an advance cash damage
deposit. Dolly Reveling indicated that they do not charge in advance, but the contract
provides for a damage payment of up to $70 after the event. She stated she would be
willing to investigate the possibility of an advance cash damage deposit which would be
held both for damages to the structure and for non-compliance with the rules. This
would place the leassee in the position of assisting the Community Club in controlling
noise by the DJ or band.
Dolly Reveling stated that she is investigating the use of another security agency to try
and get more dependable guard services.
Frank Boyles asked whether the neighbors still try and work with the club when
complaints occur. Frank Cleave said that now he calls directly to the Police
Department so that there is a record of his complaint.
Frank Boyles asked under what conditions a citation would be issued for violation of
the noise ordinance.
Dennis Paulson stated that a tag is issued only after a warning has been given. The
officer uses his/her judgment of whether a violation has occurred.
Karen Nelson stated that the club is considering buying a noise meter.
Craig Gerdes suggested that the noise meter would not necessarily prevent a citation,
but might be a good management tool inside the building.
Dolly Reveling stated that the noise can be much louder sometimes when there are
fewer people in the club.
Frank Cleave stated that he believes the club should put pressure on the guards and the
bands to comply with the rules. The neighbors should not have to apply the pressure.
t:�,, JUF 2 92
I� k
NOTES - MEETING. BETWEEN WEST MEDICINE LAKE COMMUNITY CLUB
REPRESENTATIVES AND ADJACENT NEIGHBORS
July 22, 1992
Page 3
Mark Hlavacek expressed concern about people leaving the club and walking down to
the lake with a drink.
Dolly Reveling stated that she oversees security until 9 p.m. when the security officer
gets there. No one is to leave the building with.any sort of refreshment.
Mark HIavacek expressed concern about the balloons that are used along the highway
to advise people of an event. What sometimes happens is people forget to remove the
balloons after the event and they become litter in his yard. The last few weddings have
been no problem. Mr. HIavacek also expressed concern about the amount of traffic in
the area. While the club sponsored events may be reduced, the traffic has increased
because the city is using the playfields for general park purposes. He is hopeful that
with the opening of Parkers Lake Playfield that the general use of the Medicine Lake
Playfield will be reduced.
Frank Boyles stated that he will inquire about this to the Park and Recreation
Department.
Frank Cleave asked whether it would be helpful to call the Police Department with the
license plates when vehicles are "doing donuts" on the West Medicine Lake Playfields.
Craig Gerdes stated that in instances where vandalism is being done to private property,
including kids climbing on the building roof, the neighbors should make a call so that
the department can respond.
Frank Cleave believes that in the past the city may have been pro community club. He
believes that the city should take a more aggressive enforcement attitude on these .
issues.
Frank Boyles stated that if the issues were as cut and dried as determining whether a
vehicle exceeds the speed limit, it would be easy for the city to know when to issue
citations, etc. The nature of the problems are judgmental and are often not observed
first-hand. Therefore, the City is cast into the role of preserving the rights of both
parties. By definition, this means acting as mediator.
All parties present agreed that the Community Club will take the following steps:
1. Continue their effort to identify and use those security guards and bartenders who
have proven to be effective in implementing the club's rules.
JUL 2: "9
NOTES - MEETING BETWEEN WEST MEDICINE LAKE COMMUNITY CLUB
REPRESENTATIVES AND ADJACENT NEIGHBORS
July 22, 1992
Page 4
2. Continue to club "blacklist" bands, DJ's, guards, and bartenders who have proven
to be ineffective.
3. Investigate the use of a regular security guard firm who proves to have an effective
track record in implementing the club's noise rules.
4. Evaluate the impact of changing their cash damage/noise compliance deposit policy
to "cash up front" paid by the renter.
5. Investigate the appropriateness of installing a noise meter which may act as a "early
warning system" for the bartenders and security guards to tell the band or DJ to
lower the noise volume before neighbors complain.
The neighbors agreed that they will continue to:
1. Contact the Police Department or yell at parties who appear to be vandalizing the
facility when it is not in use.
Dolly Reveling stated that she will provide a letter by September 15 which identifies
what the Community Club has done with respect to each of the five issues and its
timeline for implementing those new policies or procedures which are found to be
effective.
FB:kec
cc: All Parties Present
Mayor & City Council
Licensing File
S.F. 9/15/92
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July 22, 1992
CITY OF
PLYMOUTR
Mr. Bill Kirkhuff
Radisson Conference Center
3131 Campus Drive
Plymouth; MN 55441
SUBJECT: ORDINANCE ALLOWING MINI -BARS IN HOTEL ROOMS
Dear Mr. Kirkhuff.
At their July 20 meeting, the City Council considered an ordinance amendment which
would have authorized mini -bars in hotel rooms. The City Council expressed concern
about the hours of sale and the possibility of minors gaining access to on -sale liquor
through this source. I advised the Council that such issues are addressed by the hotel
policies and procedures.
After some discussion, the Council elected to refer this matter to the Public Safety
Department for further evaluation. Public Safety Director Craig Gerdes (550-5161)
will be reporting to the City Council on this matter. If you would like to share your
perspective with Mr. Gerdes, feel free to do so either by phone or by mail.
Feel free to contact me also at 550-5013.
Acting City Manager
FB:kec
cc: Craig Gerdes, Public Safety Director
Mayor & City Council
JUL ? 9
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
I- I'Iry-\
July 24, 1992
CITY OF
PUMOUTR
Mr. Charles Cudd
Broadway Station Pizza
4190 Vinewood Lane N., #120
Plymouth, MN 55442
SUBJECT: SALE OF INTOXICATING MALT LIQUORS AS PART OF
ON -SALE WINE LICENSING
Dear Mr. Cudd:
At their July 20 meeting, the City Council considered an ordinance amendment which
would have authorized the holder of an on -sale wine license to sell intoxicating malt
liquor. Councilmembers were concerned that most on -sale wine license holders are
pizza establishments. There was a consensus that such establishments are frequented by
a younger clientele. The Council is concerned that this ordinance amendment would
tend to increase the availability of a beverage containing more alcohol than non -
intoxicating malt liquor to this younger clientele. They elected not to revise the
ordinance.
If you have any
Manager
feel free to contact me at 550-5013.
FB:kec
cc: Mayor & City Council
0-4 JUL 2.. '42
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
1 I5 vv%
July 24, 1992
CIN OF
PLYMOUTR
Jimmy Martin
Ivories Restaurant
605 North Highway 169
Plymouth, MN 55441
SUBJECT: SALE OF ON -SALE LIQUOR OFF THE LICENSED PREMISES
Dear Mr. Martin:
At their July 20 meeting, the City Council considered the change in policy which
would authorize an on -sale liquor license holder to specify areas other than the leased
premises for on -sale liquor serving. The Council recognized that wedding receptions is
the primary motivation for this request.
The Council elected to refer this matter to the Public Safety Department for further
investigation and proposal of a revised policy. The Council is primarily concerned that
any such areas be non-public areas which may be. readily monitored and controlled.
They did not wish to include parking areas and the like.
Feel free to contact Public Safety Director Craig Gerdes at 550-5161 to share your
perspective on this matter. Feel free to do so either by phone or by letter. Craig
would be glad to share when he expects this item to be on the Council agenda and any
recommendations or concerns the Public Safety Department may have.
Manager
FB:kec
cc: Craig Gerdes, Public Safety Director
Mayor & City Council
-"V' JUL 23 .N,
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
FROM:OMNIFAX T0: 612 5505060 JUL 23. 1992 9:53AM P.02
��NNOTq Minnesota
Department of Transportation
Transportation Building
395 John Ireland Boulevard
rOF Saint Paul, Minnesota 55155
July 22, 1992
Frank Boyles
Assistant City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Railroad Whistle Ban
Dear Mr. Boyles:
I-1 9 r\
612/296-2472
This letter is in response to your recent correspondence concerning a possible ban of the use
of train whistles in the City of Plymouth.
The use of train whistles in Minnesota is governed by Minnesota Statutes Section 219.567.
Railroad engineers must sound a train whistle in advance of all grade crossings, except in
cities.
Cities may prohibit train whistles by enacting an ordinance restricting the use of train
whistles in their jurisdiction. As you indicated in your letter, Winona has enacted such an
ordinance. In addition, a number of communities in the metro area have enacted' such an
ordinance. There are no state or federal laws requiring additional signalization. ,
For your information I have enclosed a study prepared by the Federal Railroad
Administration concerning Florida's train whistle ban. I strongly recommend the,city review
the findings of this study, which documents the impact of whistle bans on public safety,
before you implement such a ban.
Because of the straightforward procedure for implementing a whistle ban, I do not see the
need at this time to schedule a meeting.
Please let me know if you have any questions comments or concerns.
Sincerely,
,: � GU -X
Obert Swanson
Director, Railroad Administration
An Equal Olgkirfunil.y Enrlrlovrr
C-AKI JUL 2 -- )
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: July 23, 1992
TO: Frank F. Boyles, Acting City Manager
FROM: Bob Pemberton, Risk Management Coordinator
SUBJECT: TRAIL EXTENSION FROM STEEPLECHASE TO CHELSEA MEWS
This is an update to my meeting with Karen Fox on June 10, 1992.
On July 15, 1992, you, Eric Blank and myself met with Bill Nelson who is a
concerned resident of Chelsea Woods. We explained the problem we have
encountered and the safety concerns regarding the unauthorized trail extension
currently in use by neighborhood youngsters. He indicated that he would meet
with the Chelsea Woods Board and try to resolve the matter.
On this date I received a telephone call from Karen Fox wanting to know why we
met with Bill Nelson. I advised that he was a resident of Chelsea Woods, the
trail extension was public information and he had a right to know. She is
going to report back to the Board.
I then telephoned Bill Nelson and he advised that he hadn't contacted the
Board regarding the trail extension but that it appeared that he was stirring
things up. As per my previous conversations with him and Karen Fox, I
reiterated that we need clear direction from the Chelsea Woods Board before we
proceed any further.
cc: Dale E. Hahn, Director of Finance
Eric Blank, Director of Parks and Recreation
13OLMES &GRAVEN
CHARTERED
09 Msbary Center, Mieeapotfr, Mbmesota &% ft
Tekpboae 612/=-9399
C L I E N' T C ki M '' A R
•_�ul+� i5: 1992
CITY OF PLYMOUTH - ;:`;• _
ATTN: JIM WILLIS
3400 PLYMOUTH BLVD Et
PLYMOUTH MN 55447-1482
Corporation r
107 Library Acquisition Project 103 440.00 0.00
:12 Charter Commission i,280.00 89.86
----------------------------------------------------------------
Client r L 100 "orals: $2,E33.00 $118.70
t declare, under penalty of law
that this account, claim or demand
is just and correct and that no part
as b en paid.
so ant
4440.00
$1, 3c4. E6
$2, 95i. 70
�' JUL 2
-------------------------------------------------------------------------
FED. I . D.
41-1225694
Matter
Services
Disb.
Total
37
County Road 6 Eminent Domain
60.00
0.00
$60.00
Project 250
45
v Begin (Cottonwood Plaza)
750.00
9.47
1$759.47
53
Cartway Land Re3istratio;;
228.00
18.15
$246.15
95
.r Marcus Real Estate=•.el pnen:.
75.00
1.22
$76.22
Corporation r
107 Library Acquisition Project 103 440.00 0.00
:12 Charter Commission i,280.00 89.86
----------------------------------------------------------------
Client r L 100 "orals: $2,E33.00 $118.70
t declare, under penalty of law
that this account, claim or demand
is just and correct and that no part
as b en paid.
so ant
4440.00
$1, 3c4. E6
$2, 95i. 70
�' JUL 2
M E M O R A N D U M
TO: Plymouth Charter Commission
FROM: Virgil Schneider, Chair
DATE: July 22, 1992
RE: Draft Charter: July 13, 1992 Minutes: Notice of August 18
Meeting '
Enclosed is a copy of the final draft charter as approved by the
Commission at its July 13, 1992 meeting. Also enclosed are the
minutes of that meeting.
You'll note the certificate attached to the draft. Dave Kennedy
advises me that the statute requires that the draft be delivered to
the City Clerk and that it be signed by at least a majority of the
Commission members. He also states that upon delivery of the draft
charter, the City Council must place it on the ballot at the next
general election held in the City within six months of delivery of
the charter. The Commission may recall the charter at any date
prior to the day the Council sets the date for election; and the
Council may authorize the Commission to recall the charter at any
time prior to its first publication.
I will leave one copy of the draft charter with the City Clerk and
I ask each of you to stop by and sign the certificate. This should
be done as soon as possible. I would like to make the delivery to
the Clerk effective no later than August 18, the date of our next
meeting.
This will also notify you of the special meeting on August 18 at `
8:30 p.m. There will not be a regular meeting on August 10.
Please call me if you cannot attend the August 18 meeting.
Enclosures
DJK38736
PL100-112
PROPOSED CHARTER
it FOR THE
CITY OF PLYMOUTH, MINNESOTA
CHAPTERI
GENERAL PROVISIONS
Section 1.01. Name and boundaries. The city of Plymouth is and will continue
to be a municipal corporation with the boundaries existing on the effective date of
this charter or as later modified in accordance with law.
Section 1.02. Powers. The city of Plymouth has all powers that it is now or
hereafter possible for a municipal corporation in the State of Minnesota to exercise
in harmony with the Constitutions of the State of Minnesota and of the United States.
It is the intention of this charter that every power that the people of the city might
lawfully confer upon themselves as a municipal corporation by specific enumeration
in this charter is deemed to have been so conferred by this section. This charter
is to be construed liberally in favor of the city. The specific mention of particular
powers in this charter is not to be construed as limiting the generality of the powers
conferred by this section.
DJK37077
PL100-112
I
CHAPTER
FORM OF GOVERNMENT
Section 2.01. Form of government. The form of government established by
this charter is the council-manager plan. The council exercises the legislative power
of the city and determines matters of policy. The city manager is responsible to the
council for the proper administration of city affairs.
Section 2.02. Boards and commissions. There are no separate administrative
boards or commissions except boards and commissions required by law or those
established for the administration of a municipal function jointly with another
political subdivision. The council performs the duties and exercises the powers of
administrative boards or commissions. The council may establish boards or
commissions to advise the council with respect to municipal functions or activities,
to investigate subjects of interest to the city or to perform quasi-judicial functions.
Section 2.03. Council members; qualifications and terms. Subdivision 1. The
council is composed of a mayor, one ward council member for each ward and two at
large council members. The mayor and the council members must be eligible voters
of the city and must further qualify for office as provided in this charter.
Subd. 2. The mayor and council members must be residents of the city. The
ward council members must satisfy the residence requirements of section 2.04.
Subd. 3. The mayor and two council members are elected at large. A ward
council member is elected from the ward in which the council member resides.
Subd. 4. Except as provided in section 12.13 the mayor is elected for a term
of two years and a council member is elected for a term of four years. The mayor
and council members serve until their respective successors are elected and qualify
for office.
DJn37077
PL100-112 2
` oVi JUI
Subd . 5 . The terms of office of the mayor and council members in office on the
effective date of this charter continue in accordance with the transition schedule set
forth in section 12.13.
Section 2.04. Ward council members. A ward council member must be a
resident of the ward (i) at the time that filings for elections close, or (ii) at the time
of appointment to fill a vacancy. Except as provided in section 2.05, continued
residence in the ward in which the council member resides at the time of election or
appointment is a required qualification to hold office during the council member's
term.
Section 2.05. Wards. The city is divided into four separately numbered
wards corresponding generally to four geographic quadrants of the city„ Review of
the wards must be made by the council and the wards reapportioned no later than
two years after the year in which a federal census is taken so that the population of
the wards are as equal as practicable. A ward must be composed of compact and
contiguous territory. A change in ward boundaries does not disqualify a council
member from serving the remainder of a term. Reapportionment is by .ordinance.
If the council does not reapportion within the period prescribed, the mayor and
council members forfeit all remuneration until the wards of the city are reapportioned
as required by this section. The initial wards of the city are those described in
section 12.13.
Section 2.06. Incompatible city offices . An elected officer of the city may not
(i) be appointed city manager; (ii) hold any other city office or be employed by the
city in any other capacity for pay; and (iii) , for a period of one year after expiration
of the officer's term of office, hold a city office or be employed by the city for pay.
Section 2.07. Council vacancies. A vacancy in an elective office exists for the
following reasons :
DJK37077
Pi100-112
3
t s.: JUL
(a) failure of a person elected to an office to qualify on or before the
date of the second regular meeting of the council in the year subsequent to the
election;
(b) death of the officer;
(c) resignation of the officer;
(d) except as provided in section 2.05, the officer ceasing to be a
resident of the city or of the ward from which elected;
days;
(e) continuous absence of the officer from the city for more than 90
(f) conviction of the officer of a felony either before or after
qualification for office;
(g) failure of the officer without good cause to perform the duties of
office for a period of three consecutive months;
(h) removal of the officer from office; or
(i) a reason specified by law.
When a vacancy occurs for a reason specified in clauses (d) through (i), the council
must promptly, by a resolution stating its findings, declare the vacancy to exist.
When a vacancy exists, the council must forthwith appoint an eligible person to fill
the vacancy until the next regular municipal election when the office is filled for the
unexpired term. If a vacancy occurs and exists in an elective office after the last
day for filing affidavits of candidacy for that office, the person elected to fill that
office is deemed to have been appointed for the unexpired term.
Section 2.08. Mayor. The mayor is the presiding officer of the council. The
council must choose from its members a deputy mayor. The deputy mayor holds
office at the pleasure of the council and serves as mayor in the mayor's disability or
absence from the city or when a vacancy in the office of mayor exists. The mayor:
DJKi7077
PL100-112
4
j l
(i) exercises the powers and performs the duties conferred on
the mayor by this charter, the ordinances of the city, and the laws of
the state;
(ii) is the official head of the city for ceremonial purposes, for
purposes of the service of civil process, and for the purposes of martial law;
and
(iii) must report to the council neglect, dereliction of duty, or waste
on the part of an officer -or department of the city.
In time of public danger or emergency the mayor may, as provided by council
resolution, take command of the police, maintain order and enforce the law.
Section 2.09. Salaries. The salaries of the mayor and council members are
fixed by ordinance in the manner provided by law.
Section 2.10. Investigation of city affairs. The council or an officer or
officers formally authorized by the council may make investigations into the city's
affairs, subpoena witnesses, administer oaths and compel the production of books
and papers. The council may provide for an examination or audit of the accounts .of
an officer or department of the city government. The council may conduct surveys
or research studies of subjects of municipal concern.
Section 2.11. Interferences with administration. Neither the council nor a
council member may dictate the appointment by the city manager of a person to an
office or employment. The council may not interfere with the city manager or
prevent the city manager from exercising judgment in the appointment of.officers and
employees in the administrative service. Except for purposes of inquiry the council
and its members must deal with and control the administrative service solely through
the city manager. Neither the council nor any member of the council may give
orders, publicly or privately, to a subordinate of the city manager.
DJK37077
PL100-112
5
tter: f p
�s t'r tz-..- �`
T-'9
CHAPTER 3
COUNCIL PROCEDURE
Section 3.01. Council meetings. At the first regularly scheduled council
meeting in January following a regular city election the newly elected mayor and
members of the council assume their duties. The council meets at such times each
month as prescribed by ordinance or resolution, but not less frequently than once
each month. The mayor or three council members may call a special meeting of the
council upon reasonable notice to council members and such other notice as required
by law. Meetings of the council are public meetings. Any person may inspect the
minutes and records of the meetings at reasonable times and in accordance with law.
Section 3.02. Council officers. The council may choose the officers and
employees it finds necessary to serve at its meetings . The council must appoint a
secretary of the council. The secretary must keep a journal of council proceedings
and perform the duties required by this charter, ordinance or resolution. The
council may designate any officer or employee of the city except the city manager,
the mayor or a council member as its secretary.
Section 3.03. Rules of procedure and quorum. The council determines its own
rules and order of business. A majority of members elected is a quorum to do
business, but a smaller number may adjourn* from time to time. The council may by
ordinance provide a means by which a minority of its members may compel the
attendance of absent members.
Section 3.04. Ordinances; resolutions; motions. Legislation must be enacted
by ordinance. The "yes" and "no" votes on ordinances and resolutions must be
recorded. Except as otherwise provided in this charter or by law an affirmative vote
of a majority of all the members of the council is required for the passage of
ordinances and resolutions.
=37077
PL100-112 6
Section 3.05. Procedure on ordinances. The enacting clause of an ordinance
is: "The city of Plymouth ordains:". An ordinance must be presented in writing.
Section 3.06. Emergency ordinances . An emergency ordinance is an
ordinance necessary for the immediate preservation of the public peace, health,
morals, safety or welfare in which the emergency is defined and declared in the
preamble to the ordinance. A prosecution may not be based upon the provisions of
an emergency ordinance until (i) 24 hours after the ordinance has been filed with the
city clerk and posted in three conspicuous places in the city, or (ii) the ordinance
has been published, unless the person charged with violation of the ordinance had
actual notice of the passage of the ordinance prior to the act or omission constituting
the alleged violation.
Section 3.07. Procedure on resolutions. Resolutions must be presented in
writing.
Section 3.08. Signing and publication of ordinances. An ordinance passed
by the council must be signed by the mayor or deputy mayor, attested by the city
clerk and filed and preserved by the city clerk. An ordinance must be published
once in the official newspaper. A summary of an ordinance may be published in the
manner prescribed by law.
Section 3.09. When ordinances and resolutions take effect. Resolutions and
ordinances are effective immediately upon passage or *at a later date stated in the
ordinance or resolution. An ordinance adopted by the voters under chapter 5 is
effective upon its adoption or at a later time stated in the ordinance.
Section 3.10. Amendment and repeal of ordinances and resolutions. An
ordinance or resolution repealing a prior ordinance or resolution or section,
subdivision or separately identified clause thereof must state the number or, if no
number has been assigned, the title of the ordinance or resolution to be repealed in
whole or in part. An ordinance or resolution or section, subdivision or clause
DJK37077
PI,100-112 7
I - (CI z
thereof may not be amended by reference to the title only. The amending ordinance
or resolution must set forth in full each section, subdivision or clause to be amended
and indicate new matter by underscoring and matter to be omitted by striking out or
by other appropriate symbols.
Section 3.11. Revision and codification of ordinances. The council may,
pursuant to this section and law, revise, rearrange and codify the ordinances of the
city with the additions and deletions found necessary by the council. The ordinance
code may be prepared in book, pamphlet or continuously revised loose-leaf form.
Copies of the code must be kept available at the office of the city clerk for general
distribution to the public free or at a reasonable charge. Preparation of the code is
sufficient publication of an ordinance provision not previously published if a notice
is published in the official newspaper stating that copies of the code are available at
the office of the city clerk.
DJK37077
PL100-112
8
CHAPTER 4
ELECTIONS
Section 4.01. General election laws to apply. Except as otherwise provided
in this chapter the general laws of the State of Minnesota pertaining to registration
of voters and the conduct of primary, special and general elections apply to city
elections. The council may by ordinance adopt suitable and necessary
supplementary procedures for the conduct of elections.
Section 4.02. Regular city elections . Except as provided in section 12.13, the
regular city election is held on the first Tuesday after the first Monday in November
of even numbered years. The election is held at the place or places designated by
resolution of the city council. Notice of the election is given in the manner provided
by law. Failure to give notice of the election does not invalidate the election.
Section 4.03. Special elections. The council may by resolution order a special
election as provided by law and establish the procedures for holding the election.
The procedures at a special election must conform to that prescribed by this charter
and law.
Section 4.04. Filing for office. An eligible voter of the city may file for
election in the manner prescribed by law.
Section 4.05. Campaign contributions . A candidate for city office- who
receives a contribution from an individual or a campaign committee, as that term is
defined by law, must report the name and address of the individual or committee that
during the year has made one or more contributions that in the aggregate are equal
to or greater than $50 adjusted as provided in section 12.14. Financial reporting by
candidates must, in all other respects, conform to law.
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CHAPTER5
INITIATIVE AND REFERENDUM
Section 5.01. General authority. Subdivision 1. Initiative. The registered
voters of the city may propose the adoption of ordinances by a procedure called the
initiative. The initiative does not extend to (i) the budget or capital program, (ii)
the appropriation of money or the levy of taxes, (iii) zoning or (iv) the salaries of
city officers or employees.
Subd. 2. Referendum. The registered voters of the city may require
reconsideration by the council of an adopted ordinance and, if the council fails to
repeal an ordinance so reconsidered, to approve or reject it at an election held for
that 'purpose by a procedure called the referendum. The referendum does not
extend to (i) the budget, (ii) a capital program, (iii) an emergency ordinance or (iv)
an ordinance relating to the appropriation of money, the levy of taxes, zoning or the
salaries of city officers or employees.
Section 5.02. Contributions; reporting. Subdivision 1. General Rule. A
person may not contribute to a committee or organization proposing, promoting or
opposing (i) an initiated ordinance or (ii) an ordinance that is the subject of a
referendum proceeding a total amount in excess of $1, 000, adjusted as provided in
section 12.14, in a period consisting of 365 consecutive days.
Subd. 2. Reporting. A committee or organization described in subdivision
1 must file a report with the city clerk showing (i) total contributions received, and
(ii) the name and address of a person who contributed a total amount in excess of
$50, as adjusted, in a period consisting of 365 consecutive days. The report must
be filed not later than 60 days after the date of a referendum or initiative election.
Subd. 3. Penalty. Violation of this section is a misdemeanor.
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Section 5.03. Commencement of proceeding; petitioners' committee; affidavit.
Subdivision 1. Commencement. Five registered voters of the city may begin
initiative or referendum proceedings by filing with the city clerk an affidavit stating
that they constitute the petitioners' committee and will be responsible for circulating
the petition and filing it in proper form. The affidavit must (i) state the names and
addresses of the members of the committee, (ii) specify the address to which notices
to the committee are to be sent and (iii) set out in full the proposed initiated
ordinance or cite the ordinance sought to be reconsidered.
Subd. 2. Clerk's duties. The city clerk must issue the appropriate petition
forms to the petitioners' committee promptly after the affidavit has been filed. The
clerk must (i) prepare a written estimate of the cost that would be incurred or
saved, as the case may be, by the city by the passage of the initiated ordinance or
the repeal of the referred ordinance or (ii) prepare a written statement that no
reasonable estimate of cost or savings is possible.
Section 5.04 . Petitions. Subdivision 1. Number of siLrnatures . Initiative and
referendum petitions must be signed by registered voters of the city. The number
of petitioners must equal at least 15% of the number of persons registered to vote at
the last regular city election.
Subd. 2. Form and content.
i. Petition papers must be uniform in size and style and be -
assembled as one instrument for filing. Each signature must be executed in
ink or indelible pencil and must be followed by the address of the person
signing.
ii. A petition must contain or have attached thereto in each petition
copy circulated the full text of the ordinance proposed or sought ' to be
reconsidered, with changes highlighted, if appropriate.
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iii. A petition or copy thereof must specifically identify the ordinance
sought to be initiated or identify by number the ordinance to be subjected to
referendum.
iv. A copy of the petition must state the estimated cost that would be
incurred or saved, as the case may be, by the city by the passage of the
initiated ordinance or the repeal of the referred ordinance. The petition must
include (i) a related cost -benefit analysis of not more than 100 words or (ii)
a statement that no reasonable estimate of cost or savings is possible. The
estimated cost or savings must be stated on an annual basis if the cost or
savings is expected to be of a recurring nature.
V. The petition must state the purpose of the proposed ordinance or
referred ordinance in summary form.
vi. The affidavit must be in the form prescribed by law.
Subd. 3. Statement of circulator. Each paper or copy of a petition must have
attached to it when filed a statement executed by the person circulating the paper
stating that: (i) that person personally circulated the paper, stating the number of
signatures contained thereon; (ii) each signature was affixed in that person's
presence; (iii) that person believes each signature to be the genuine signature of
the person whose name it purports to be; and (iv) each signer had an opportunity
before signing to read the full text of the ordinance proposed or sought to be
reconsidered.
Subd. 4. Dates; six-month limit. The petition must contain the date or dates
when each signature on that page was executed. A signature is not valid if the
signature was executed or certified more than six months after the date of the filing
of the committee's affidavit.
Section 5.05. Procedure after filing. Subdivision 1. Certificate of clerk;
amendment. Within 20 days after the committee files an affidavit for initiative or
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referendum, the clerk must certify the sufficiency of the petition. If the clerk
determines that the petition is insufficient because of an inadequate number of valid
signatures or other insufficiency, the clerk must specify the portions of the petition
that are insufficient. The clerk must then promptly send a certificate of
insufficiency to the petitioner's committee by registered mail.
Subd. 2. Modification of petition. A petition certified insufficient: for lack of
the required number of valid signatures may be made sufficient by additional
signatures within the six-month period following the filing of the affidavit. The
language of the initiated ordinance or the ordinance to be referred may not be
changed after filing of the affidavit.
Subd. 3. Council review. A petition deemed insufficient by the clerk may on
request of the petitioner's committee be reviewed by the council within 22 days after
the petitioner's committee has received a certificate of insufficiency. The council
must then review the certificate at its next regular meeting and ,approve or
disapprove the petition.
Subd. 4. Court review; new petition. A council determination as to the
sufficiency of a petition is subject to judicial review. A determination of
insufficiency, even if sustained upon court review, does not prevent the filing of a
new petition for the same purpose. Judicial review must be sought within 30 days
after a determination of insufficiency by the council.
Section 5.06. -Referendum petition; no suspension of ordinance. An ordinance
is not suspended from taking effect by the filing of a referendum petition.
Section 5.07. Filing of petitions. Subdivision 1. A petition for initiative or
referendum, and all' of its copies with original signatures of registered voters, may
be filed as one petition with the city clerk.
Subd. 2. Action by council. When a petition with the requisite signatures on
its original and copies has been filed with the clerk and has been determined
rat oo-iiz 13 �„`< 'i� ; t�'?
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sufficient (i) by the clerk or (ii) in accordance with section 5.05; the clerk must
refer the petition to the city council. The council after a public hearing on
reasonable notice must promptly (i) consider and may adopt the proposed initiated
ordinance or (ii) reconsider the referred ordinance repealing the ordinance. The
council may adopt the proposed initiated ordinance with changes in substance with
the approval of four of the committee members, and if the ordinance is so adopted,
initiative proceedings for that ordinance terminate. If the council (i) fails to adopt
an initiated ordinance or (ii) fails to repeal the -referred ordinance within 40 days
after the date of determination of sufficiency, the council must submit the initiated
ordinance or referred ordinance to the voters.
Subd . 3. Submission to voters. The initiated ordinance or the proposed
ordinance must be submitted to the voters at the next city-wide regular or special
election held not less than 90 days nor more than one year after the council's action
submitting the ordinance to the voters. If no such election is scheduled during the
one-year period, the council must call a special election for that purpose during that
one-year period.
Subd. 4 Withdrawal of petitions. A petition for initiative or referendum may
be withdrawn at any time before the 60th day preceding the date scheduled for the
election on the ordinance by filing with the clerk a request for withdrawal signed by
at least four members of the petitioners' committee. If the request is filed, the
petition has no further force or effect, and all proceedings thereon are terminated.
Section 5.08. Charter amendments. Petitions for initiative or referendum do
not apply to amendments of this charter.
Section 5.09. Results of election.
(a) Initiative. If a majority of the voters voting on an initiated
ordinance approve, the ordinance is effective upon certification of the election
results.
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(b) Conflicting ordinances. If conflicting initiated ordinances are
approved at the same election, the ordinance receiving the greatest number
of affirmative votes is adopted. Any number of initiated ordinances may be
voted on at the same election, but the voters must be permitted to vote for or
against each ordinance separately.
(c) Referendum. If a majority of the voters voting on a referred `
ordinance do not approve the ordinance, the ordinance is repealed upon
certification of the election results.
Section 5.10. Forms. Subdivision 1. Initiative. The form of the initiative
petition is fixed as follows:
INITIATIVE PETITION
Proposing an ordinance to (stating the purpose
of the ordinance), a copy of which ordinance is attached hereto. This ordinance is
sponsored by the following committee of eligible voters:
Name Address
1.
2.
3.
4.
5.
The undersigned eligible voters understand the terms and nature of the
proposed ordinance attached hereto.
1. We state that the estimated cost or savings on an annual basis during
the existence of the ordinance is $
or
We state that the estimated total (cost) (savings) resulting from the adoption
of the ordinance to be $
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or
15
We state that it is not possible to estimate the cost or savings resulting from
the adoption of the ordinance.
2. We further state that the city clerk has estimated the ( cost) ( savings )
resulting from the adoption of the ordinance to be $ on an
annual basis.
or
We further state that the clerk has estimated that the total (cost) (savings)
resulting from the adoption of the ordinance to be $
or
We further state that the city clerk has determined that the cost or savings
resulting from the adoption of the ordinance is not possible to estimate.
Subd. 2. Referendum. The form of the referendum petition is fixed as
follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the
purpose and number of the ordinance), a copy of which ordinance is attached
hereto. The proposed repeal is sponsored by the following committee of eligible
voters:
Name
2.
3.
4.
5.
Address
The undersigned eligible voters understand the terms and nature of the
ordinance attached hereto, believe it to be detrimental to the welfare of the
city, and petition the city council for its repeal or the submission of the
ordinance to the voters for approval or disapproval by the voters.
1. We state that the petitioners' estimate of the total ( cost) (savings)
resulting from the ordinance, if not repealed, would be $
or
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• J 4:
We state that the petitioners' estimate of the fixed annual ( cost) ( savings )
• resulting from the ordinance, if not repealed, would be $ _ per year.
or
We state that the (cost) (savings) resulting from the ordinance, if not
repealed, is not possible to estimate.
2. We further state that the city clerk has estimated that the total (cost)
( savings) resulting from the repeal of the ordinance would be
$
or
They further state that the city clerk has estimated that the (cost) (savings)
resulting from the repeal of the ordinance to be $ on an annual
basis.
or
They further state that the city clerk has determined that the cost or savings
resulting from the repeal of the ordinance is not possible to estimate.
Subd . 3. Estimate of cost. The face of a petition must include an estimate
of the cost of a special election as certified by the clerk if a special election. is
necessary.
Section 5.11. Ballots. The ballot at an election on an ordinance initiated or
subject to referendum under this chapter must state the substance of the ordinance
and contain appropriate instructions for the voters to indicate "yes" or "no" on the
question of its adoption.
Section 5.12. Reenactment; amendment. An ordinance adopted by initiative -
may not be repealed. or amended by the council for a period of one year following its
effective date. An ordinance repealed by referendum may not be reenacted by the
council for a period of one year following its repeal.
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CHAPTER 6
ADMINISTRATION OF THE CITY
Section 6.01. City manager. Subdivision 1. The city manager is the chief
administrative officer of the city. The manager is appointed by the city council
solely on the basis of training, experience and executive and administrative
qualifications. With the approval of the council, the manager may designate some
properly qualified person to perform the duties. of the manager during the absence
or disability of the manager. If the office of manager is vacant and no such
designation has been made, the council must appoint an acting manager.
Subd . 2. The city manager is appointed for an indefinite term and may be
removed at any time by an affirmative vote of a majority of the council. After having
served for one year, the manager may demand written charges and a public hearing
before the council on the charges prior to the date when the removal of the manager
takes effect. The public hearing must be held within 30 days of the manager's
demand, and the written charges must be supplied to the manager at least ten days
prior to the hearing. After the hearing, if one is demanded, the council may either
reinstate the manager or make the removal final. Pending the hearing and removal,
the council may suspend the manager from office and appoint an acting manager.
Prior to removal the manager must be paid the manager's regular salary.
Subd. 3. The council must periodically review the manager's performance.
The council and the manager may enter into an employment agreement.
Section 6.02. Manager; powers; duties. Subdivision 1. The manager is
responsible to the council for the administration of the city's affairs. The manager
has the powers and duties specified in this section.
Subd. 2. The manager must assure that this charter, the laws and ordinances
of the city and the resolutions of the city council are enforced and carried out.
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Subd. 3. The manager appoints officers and employees of the city on the basis
of merit and fitness, but the appointment and removal of the city attorney is subject
to the approval of the council. The manager may remove or suspend officers and
employees of the city.
Subd. 4. Except as otherwise provided by this charter or law, the
manager directs departments and divisions of the city -administration.
Subd. 5. The manager must attend meetings of the council. The manager may
take part in discussion at council meetings but may not vote. The council may
exclude the manager from a meeting at which the manager's removal is considered.
Subd. 6. The manager may recommend to the council measures deemed
necessary for the welfare of the people and the efficient administration of the city's
affairs.
Subd. 7. The manager must keep the council fully advised on the financial
condition and needs of the city. The manager must prepare and submit the annual
budget to the council.
Subd. 8. The manager must, as soon as practicable after the close of the
fiscal year, submit to the council a written report on the finances and administrative
activities of the city. The manager's report must be discussed by the council at a
public hearing called for that purpose.
Subd. 9. The manager must prepare and amend from time to time an
administrative code setting out the administrative procedures of the city.
Subd. 10. The manager performs the other duties prescribed by law, this
charter or by the council.
Section 6.03. Departments. With the approval of the council, the manager
may create departments, divisions and other units of the city administration
consistent with this charter and law.
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Section 6.04. Other officers . There must be a city clerk, a chief financial
officer and such other officers subordinate to the city manager as may be created by
the council by ordinance or resolution or established by law. The clerk is
responsible for the keeping of city records. The clerk and other officers have the
duties imposed by state law, this charter, ordinances and council resolutions.
Section 6.05. Purchases and contracts. The manager is the chief purchasing
agent of the city. Purchases and contracts may be made by the manager when the
amount of the purchase or contract does not exceed the amount at which competitive
bids are required by law. Other purchases and contracts are made by the council
on the recommendation of the manager. Except for purchases and contracts made by
the manager, contracts, bonds and instruments to which the city is a party must be
signed by the mayor and the manager on behalf of the city.
Section 6.06. Contracts; bids. City contracts must be made in compliance
with law. When competitive bids are submitted the contract must be awarded to the
lowest responsible 'bidder. The council may by ordinance adopt additional
regulations for making city contracts.
0
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TAXATION AND FINANCE
Section 7.01. Council controls finances. The council is responsible for the
financial affairs of the city. The council must provide for the collection and
protection of revenues and other assets and the auditing and settlement of accounts.
Section 7.02. Fiscal year. The fiscal year of the city is the calendar year..
Section 7.03. System of taxation. Subject to the state constitution and except
as forbidden by it or law the council may provide by ordinance for a system of local
taxation. In the taxation of real and personal property under a system of local
taxation the council must conform as nearly as possible to law in the assessment of
property and the collection of the taxes.
Section 7.04. Board of equalization. The council is the board of equalization
to equalize assessments of property for taxation according to law.
Section 7.05. Preparation of budget. The manager must prepare an annual
budget and submit it to the council. The budget must include the general fund but
may include other funds at the discretion of the city council. The estimated
revenues and expenditures for each fund must be shown for each department of the
city. The city manager must submit with the budget explanatory statements deemed
necessary. The budget must show comparative figures for the current fiscal year,
actual and estimated, and actual figures for the preceding fiscal year.
Section 7.06. Adoption of budget. The council must, by a budget: resolution,
adopt the budget.at the time required by law. The budget is the principal item of
business at regular council meetings at the times required by law and at subsequent
meetings until the budget is adopted. The consideration of the budget by the
council must be conducted in a manner to give citizens an opportunity to be heard.
The manager must review the budget in the detail requested by the council. The
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JUL ? _ '92
adopted budget must set forth in detail the financial plan of the city for the ensuing
fiscal year. The sum appropriated by the budget may not exceed the estimated
revenues together with other available funds on hand to fund the expenditures. The
council must levy sufficient taxes to provide adequate resources for the budgeted
expenditures in the next ensuing fiscal year. The tax levy resolution must be
certified to the county auditor in accordance with law. The sums fixed in the budget
resolution are appropriated for the purposes identified in the budget resolution.
Section 7.07. Enforcement of budget. The manager must enforce the budget.
The manager may not approve an expenditure unless funds for that expenditure are
appropriated by the budget. The manager may not approve an expenditure
authorized by the budget unless there is a sufficient unexpended balance in the
appropriation after deducting prior expenditures from and current encumbrances
against the appropriation. An officer or employee of the city may not place an order
or make a purchase for the city unless the order or purchase is authorized in the
budget. An obligation incurred by an officer or employee for a purpose not
authorized in the budget or for an amount in excess of the amount appropriated in
the budget is the personal obligation of the person incurring the obligation. -
Section 7.08. Alterations in budget. The council may not increase the
amounts appropriated in the budget resolution beyond the estimated revenues,
except to the extent that actual receipts exceed the estimated revenues . The council
may by resolution reduce an appropriation in the budget. The council may by a vote
of at least five members authorize the transfer of sums from - unencumbered
appropriations in the budget to other purposes.
Section 7.09. Disbursements. Except for payments which may be made by
wire transfer, disbursements of city funds exceeding $50, as adjusted by section
12.14, must be made by check bearing the manual or facsimile signature of the
mayor, the city manager and the chief financial officer. The city manager must
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institute safeguards to ensure that checks are issued only by authorized individuals,
for properly authorized public purposes and in compliance with this charter. The
safeguards must also ensure that disbursements under $50, as adjusted by section
12.14, are approved by persons authorized by the city manager. Each check must
specify the purpose for which the disbursement is made and the fund from which it
is drawn, or a check register must be prepared which contains this information. A
check may not be issued until the claim to which it relates has been supported by an
itemized bill, payroll, or time -sheet approved and signed by the responsible city
officer or authorized city employee who vouches for its correctness and
reasonableness. The council may by ordinance or resolution make further
regulations for the safekeeping and disbursement of city funds. For checks other
than employee wage and expense reimbursement payments, an accompanying check
register must specify the purpose of each disbursement and the fund from which it
is drawn.
Section 7.10. Funds. There must be maintained in the city treasury a general
fund and the funds required by law, ordinance, the budget resolution or other
resolution. The council may make inter -fund loans and transfers except from trust
or agency funds or where prohibited by this charter or law.
Section 7.11. Accounting. The city manager is the chief accounting officer .
of the city. The manager must keep the council informed of the financial status of `
the city. The manager must provide for an annual audit of the city's finances by
either the state auditor or a firm of certified public accountants. A summary of the
audit must be published once in the official newspaper.
Section 7.12. Debt. Except as provided in section 7.13, obligations may not
be issued to pay current expenses, but the council may issue and sell obligations for
any other municipal purpose in accordance with law and within the limits prescribed
by law.
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Section 7.13. Tax anticipation certificates. At any time after January 1st
following the making of an annual tax levy, the council may issue certificates of
indebtedness in anticipation of the collection of taxes levied for any fund and not yet
collected. The total amount of certificates issued against any fund for a fiscal year
with interest thereon until maturity may not exceed 90% of the total current taxes for
the fund uncollected at the time of issuance. The certificates (i) are issued on such
terms and conditions as the council determines, (ii) bear interest at no more than the
lawful rate and (iii) are due and payable no later than the 1st day of April of the
year following their issuance. The proceeds of the tax levied for the fund against
which tax anticipation certificates are issued and the full faith and credit of the city
must be irrevocably pledged for the redemption of the certificates in the order of
their issuance against the fund.
Section 7.14. Community improvement fund. Subdivision 1. Sources. The
council must create and maintain a separate fund and designate it as the community
improvement fund. Into this fund are deposited the following:
(a) surplus money from the various special assessment funds that
remain after the costs of each improvement project have been fully funded and
bonds issued for the project paid or defeased, and which money has not been
transferred to another separate improvement fund;
(b) collections of special assessments received after an improvement
project has been fully funded and bonds issued for the project paid or
defeased;
(c) investment earnings generated by the money in the fund; and
(d) any other money appropriated by the council or donated to the
city for the purposes of the fund.
Subd . 2. Uses. Expenditures from the fund may be made only for items of a
capital nature. The council must by ordinance provide a procedure for expenditures
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from the fund. The ordinance must provide that the principal of the fund may be
expended (i) only if the expenditure is a loan that must be repaid, or (ii) if no
further expenditures are made from the fund until the principal has been restored
to its previous amount plus ten percent of the earnings that would' have been
generated on the principal at the previous amount. The ordinance must also provide
that the total amount of principal used may not exceed an amount equal to the fund's
actual investment earnings from the two calendar years prior to the expenditure.
The council may alter or remove these restrictions on using principal, but only upon
at least five affirmative votes. The ordinance is not subject to referendum or
initiative.
Subd. 3. Limitations; voter approval. Notwithstanding the provisions of
subdivision 2, the city council may not make an expenditure from the fund in excess
of $3 million, adjusted as provided in section 12.14, for a specific purpose unless the
question of making the expenditure has been approved by a majority of the votes
cast in a regular or special election.
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CHAPTER 8
PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. Powers. The city may make any type of public improvement not
forbidden -by law and may levy special assessments against benefitted property to
pay all or a portion of the cost of a local improvement in the manner prescribed by
law. The special assessments for a local improvement may equal the cost of the
improvements but may not exceed the special benefit to the property assessed.
Section 8.02. Current services. In addition to the provisions of law the
council may provide by ordinance that the cost of city services to streets, sidewalks
or other public or private property may be assessed against the property served and
collected in the same manner as special assessments.
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CHAPTER 9
EMINENT DOMAIN
Section 9.01. Acquisition of property. The city may acquire by purchase,
gift, condemnation or otherwise, property within or without its boundaries that may
be needed by the city for a public purpose. In acquiring property by the power of
eminent domain the city must proceed in accordance with law.
t
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CHAPTER 10
FRANCHISED PUBLIC UTILITIES
Section 10.01. Franchises required. Except as otherwise provided by law,
a person, firm or corporation may not place, or maintain a permanent or
semi-permanent fixture in, over, upon or under a street, highway or public way in
the city for the purpose of operating a public utility or for any other purpose
without a franchise therefor from the city.
Section 10.02. Ordinance. A franchise is granted by ordinance which may not
be an emergency ordinance. An ordinance granting a franchise must contain all of
the terms and conditions of the franchise. A franchise is not valid unless
unconditionally and fully accepted by the grantee and filed with the city clerk.
Section 10.03. Term. An exclusive or perpetual franchise may not be granted
by the city. A franchise for a term exceeding 20 years is not effective unless
approved by a majority of the voters voting thereon at a regular or special election.
Section 10.04. Public hearing. Before a franchise ordinance is adopted or
rates, fares or prices to be charged by a public utility are fixed by the council, the
council must hold a public hearing on the matter. Notice of the hearing must be
published at least once in the official newspaper not less than ten days prior to the
date of the hearing.
Section 10.05. Publication cost. The grantee of the franchise must pay for
publication of the franchise ordinance.
Section 10.06. Power of regulation reserved. Subject to applicable law the
council may by ordinance reasonably regulate and control the exercise of a
franchise, including maximum rates, fares or prices to be charged by the grantee.
The value of the franchise may not be included in the valuation of the grantee's
property in regulating utility rates, fares or prices under applicable law, ordinance
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or regulation or in proceedings for municipal acquisition of the grantee's property
by purchase or eminent domain. The rights of a grantee under a franchise are
subject to the superior rights of the public to the use of streets and public places.
Section 10.07. Renewals. An extension, renewal or modification of a franchise
is subject to the same limitations and is granted in the same manner as a new
franchise.
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CHAPTER 11
PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. Acquisition. The city may own and operate a gas, water, heat,
power, light, telephone, transportation, solid waste, hazardous waste, sanitation
or other public utility for supplying its own needs for utility service, for supplying
utility service to private consumers or for both purposes. The city may construct
the facilities reasonably needed for the utility and may acquire existing utility
properties for the utility. The city manager supervises the operation of city owned
public utilities.
Section 11.02. Rates and charges. The council may fix rates, fares and
prices for municipal utilities and services. The council may prescribe the time and
the manner in which payments for all utility services are to be made, may make other
regulations governing utility services and may prescribe penalties for violations of
the regulations.
Section 11.03. Purchase in bulk. In lieu of providing for the local production
of gas, electricity, water and other utilities, the council may purchase the same in
bulk and resell them to local consumers at such rates as it may fix.
Section 11.04. Lease of plant. The council may lease a city owned utility to
a private party for a term not to exceed ten years at rentals and on conditions as -
deemed necessary.. The lease must be embodied in an ordinance approved by five
members of the council. The ordinance may not be an emergency ordinance.
Section 11.05. Sale of utility. A public utility owned by the city may not be
sold or otherwise disposed of unless the full terms of the sale or other disposition are
embodied in an ordinance approved by a majority of the voters voting thereon at a
general or special election.
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CHAPTER 12
MISCELLANEOUS AND TRANSITION PROVISIONS
Section 12.01. Official publications. The council must annually designate a
legal newspaper of general circulation in the city as the official newspaper.
Ordinances, matters required by law, this charter and other matters that the council
deems necessary for publication are to be published in the official newspaper.
Section 12.02. Oath of 'office . Elective officers of the city and any other
officer so required by law or this charter must, before taking office, take and sub-
scribe to an oath of office in substantially the form required by law.
Section 12.03. Interest in contracts. Except as otherwise permitted by law
an officer of the city who is authorized to take part in any manner in a contract with
the city in an official capacity may not voluntarily have a personal financial interest
in or personally benefit from the contract.
Section 12.04. Official bonds. Officers and employees of the city :required by
ordinance or law to supply a bond must, before assuming office or employment give
a corporate surety bond to the city as security for the faithful performance of official
duties and the safekeeping of public funds. The bond (i) must be in the form and
amount fixed by the council, (ii) may be either an individual or blanket surety bond,
(iii) must be approved as to form by the city attorney and (iv) must be filed with the -
city clerk. Premiums on the bond are paid by the city.
Section 12.05. Sale of real property. Real property of the city must be
disposed of by resolution adopted after ten days' published notice of a public
hearing before the council on the matter. The net proceeds of the sale of real
property must first be used to retire outstanding indebtedness incurred by the city
in the acquisition or improvement of that real property and the balance deposited in
the general fund.
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JUL G . , ..
Section 12.06. Vacation of streets. The council may by resolution vacate
streets, alleys, public ways and public grounds, or parts thereof, in the city. The
vacation may be made after ten days' published notice of a public hearing before the
council on the matter. The clerk must file a notice of completion of the vacation
proceedings with the appropriate county official and in accordance with law.
Section 12.07. City to succeed to rights and obligations of former city. Under
this charter, the city will succeed to all the property, rights and privileges and will
be subject to all legal obligations of the city under the former form of government.
Section 12.08. Existing ordinances continued. Ordinances and regulations
of the city in force when this charter takes effect and not inconsistent with this
charter are continued in full force and effect until amended or repealed.
Section 12.09. Pending condemnations, improvements and assessments. A
condemnation, improvement or assessment proceeding in progress when this charter
takes effect is to be continued and completed under the laws under which the
proceeding was begun. Assessments made by the city prior to the time when this
charter takes effect will be collected as if this charter had not been adopted.
Section 12.10. Ordinances to make charter effective. The council may by
ordinance, resolution or other appropriate action take the necessary steps to make
the provisions of this charter effective.
Section 12.11. Present officers continued . The present officers of the city `
will continue in their respective offices under the laws governing the city prior to
the effective date of this charter until the officers provided for by this charter have
been elected and qualify. Those officers must make such financial and other
Provisions for the fiscal year 1993 as will serve to carry on the government until a
government has been established under this charter and provide for the election of
the first city council as provided in this charter.
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32
1(�
Section 12.12. Effect of charter adoption. Nothing in this charter is to be
construed to modify, abrogate or abridge (i) the rights, duties, liabilities,
privileges or immunities of the city or its officers, (ii) the ordinances and
resolutions of the city in effect on the effective date of this charter or (iii) the
qualifications 'or terms of office of city officers as they existed prior to the effective
date of this charter, except as otherwise specifically provided in this charter. This
charter is not to be construed to affect, modify or repeal any special law of the state
applicable to the city of Plymouth.
Section 12.13. Special transitional matters. Subdivision 1. Wards. The
initial wards of the city are described as follows:
Ward 1. Precinct Nos. 1, 6, 8, 9 and 10
Ward 2. Precinct Nos. 2, 3, 4, 5 and 7
Ward 3. Precinct Nos. 11, 12, 14, 17 and 18
Ward 4. Precinct Nos. 13, 15, 16, 19 and 20
Precincts are those established by council resolution and existing as the
effective date of this charter. The council may not modify precinct boundaries prior
to December 31, 1993, unless required by law or court decision.
Subd . 2. Elections; coordination of terms. It is the intent of this charter that
the transition from the statutory city schedule of elective officers and their terms
to the schedule and system of elections set by this charter take place (i) in an
orderly manner, (iij with no adjustment of terms of office in effect on 'the effective
date of this charter and (iii) in a manner such that a transition to the elective scheme
described in section 2.04 and chapter 4 of this charter be fully in effect as soon as
practicable. To carry out that intent the following schedule of elections and terms
of office set forth in subdivisions 3, 4 and 5 is to be followed.
Subd. 3. 1993 election. There will be a regular city election on the first
Tuesday after the first Monday in November, 1993. At that election:
DJK37077
PL100-112 33 fit`:.
a) the mayor is to be elected for a term of three years; '
b) two at -large council members are to be elected, one for a term of
three years and one for a term of two years; the candidate receiving the
highest number of votes for at -large council member at that election is elected
for the three-year term;
C) Ward 1 and Ward 3 council members are to be elected each for a
term of three years;
d) the incumbent council member residing in Ward 2 on the date of
the 1993 election is deemed to be the council member from Ward 2; and
e) the incumbent council member residing in Ward 4 on the date of
the 1993 election is deemed to be the council member from Ward 4.
If a council member vacancy exists in Ward 2 or Ward 4 during the period
between the effective date of this charter and the date of the election in 1993, the
council must appoint a person residing in the applicable ward to fill the vacancy for
the balance of the unexpired term. .
Subd. 4. 1995 election. There will be a regular city election on the first
Tuesday after the first Monday in November, 1995. At that election:
a) one council member at -large is to be elected for a term of three
years to succeed the at -large council member elected for the two-year term in
1993;
b) Ward 2 and Ward 4 council members are to be elected each for a
term of three years.
Subd. 5. 1996 election. At the regular city election in 1996:
a) the mayor is to be elected for a term of two years;
b) one council member at -large is to be elected for a term of four
years to succeed the at -large council member elected for the three-year term
in 1993; and
DjK37077
PL100-112
34 Jul, C
C)
Ward 1 and Ward 3 council members are to be elected each for
terms of four years .
Extraordnar the period from the
Subd. 6. ivote re uirements. During airing
ective date of this charter until December 31, 1994, (i) a council action req
eff
roved by four members of the
approval by five members of the council must be app of council
Wiring an extraordinary majority
council and (ii) provisions of law req
votes are to be applied to a council consisting of five members .
is in sections 4.05 , 5. 01,
Section 12.14. Adjustments . The monetary limi ward in each Year
subdivision 3, 7.09 and 7.14 are to be adjusted upward or down
ending in zero by application of a consumer price index published by an appropriate
the united States government for the Minneapolis/ St • Paul metropolitan
agency of erson selected
area. The calculation of the adjustment must be made by a qualified p
the clerk to
Y
by the city council. The amount of the adjustment must be certified by of the
the cit council prior to December 31 of the year in which the calculation
adjustment is made . ended only in the manner
Section 12.15. Amendment. This charter may be am
provided by law . 1, 1993.
Section 12.16. Effective date. This charter is effective on January
D=7o77 35
PL100-112 `
CERTIFICATE OF DELIVERY
The undersigned, members of the Charter Commission of the City of Plymouth,
Minnesota, certify that the above draft charter for the City of Plymouth, Minnesota
was duly adopted by a majority of the members of the Plymouth Charter Commission
at a duly called and regularly held meeting of the Commission on Monday, July 13,
1992. The draft charter is delivered this day to the clerk of the City of Plymouth in
accordance with Minnesota Statutes, sections 410.07 and 410.10.
Dated: , 1992.
Kapila J. Bobra
H. David Crain
Patrick J. Foley
Pauline V. Milner
Timothy J. Peterson
Ellie Singer
Joy Tierney
Received on
Laurie Rauenhorst, City Clerk
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PL100-112
Virgil A. Schneider, Chair
Tyrone P. Bujold
John M. Duntley
Gerard A. Ford
Sandy Patterson
William C. Pribble
John A. Speck
Todd S. Wirth
, 1992.
Ju:, °0?
19
A
The Plymouth Civic hea�ue
3400 Plymouth Boulevard
Plymouth. Minnesota 55447
July 20, 1992
Mr. James G. Willis, City Manager
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Minnesota 55447
INVOICE
7-15 r
Second half of previously recorded pledge to Music in Plymouth.
Pledge
$ 4500.00
Amount due $ 4500.00
Checks payable to the Plymouth Civic League.should be sent to
Civic League treasurer, Sue Jackson, Food Engineering Corp.,
2765 Niagara Lane, Plymouth, MN 55447.
Cit�f JUL 2392