HomeMy WebLinkAboutCouncil Information Memorandum 11-06-1992�I
CII T OF
PLYMOUTR
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 6, 1992
UPCOMING MEETINGS AND EVENTS ....
1. CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER:
NOV. 9 5:30 P.M.
NOV. 16 6:30 P.M.
NOV. 16 7:00 P.M.
NOV. 17 5:30 P.M.
NOV. 30 5:30 P.M.
BUDGET STUDY SESSION III
Council Conference Room
TOPICS:
-1992 Street Reconstruction
- Team building - Harry Brull
-1993 Budget Discussion
PLYMOUTH FORUM
Council Chambers
COUNCIL MEETING
Council Chambers
BUDGET STUDY SESSION IV
Council Conference Room
COUNCIL STUDY SESSION
Council Conference Room
TOPICS:
- Human Rights Issues
- Areas of Board/Agency Cooperation
Draft agenda attached.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 6, 1992 "
PAGE 2
CITY COUNCIL MEETING SCHEDULE FOR NOVEMBER (Cont):
NOV. 30 7:00 P.M.
COUNCIL BUDGET HEARING
Council Chambers
2. CITY COUNCIL MEETING SCHEDULE FOR DECEMBER:
DEC. 7 5:30 P.M. JOINT COUNCIL & INDEPENDENT
SCHOOL DISTRICT 284 BOARD
MEETING
Council Conference Room
Attached is a letter to District 284
forwarding a draft agenda for the meeting.
DEC. 7 7:00 P.M. REGULAR COUNCIL MEETING
Council Chambers
DEC. 10 7:00 P.M. COUNCIL BUDGET HEARING
Council Chambers
DEC. 21 6:30 P.M. PLYMOUTH FORUM
Council Chambers
DEC. 21 7:00 P.M. COUNCIL MEETING
Council Chambers
3. BOARD OF ZONING - MEETING CANCELED -- The November 10 meeting of the
Board of Zoning Adjustments and Appeals is canceled. No petitions for the November
meeting have been submitted for Board consideration.
4. WATER QUALITY COMMITTEE -- Tuesday, November 10, 7:00 P.M. The Water
Quality Committee will meet in the Council conference room. Meeting notice and agenda
attached. (M-4)
5. VETERANS DAY -- Wednesday, November 11. City Center offices closed.
6. PRAC -- Thursday, November 12, 7:00 P.M. The Park and Recreation Advisory
Commission will meet in the City Council Chambers. Agenda attached. (M-6)
CITY COUNCIL INFORMATIONAL M MORANDUM
NOVEMBER 6, 1992
PAGE 3
7. ELM CREEK WATERSHED MANAGEMENT COMMISS -- Tuesday, November
10, 3:00 p.m., Plymouth City Center. Meeting notice and agenda attached. (M-7)
8. SHINGLE CREEK WATERSHED MANAGEMENT CONaMSION -- Thursday,
November 12, 12:00 noon. Meeting notice and agenda attached. (M-8)
9. MEETING RENUNDERS:
A. LEAGUE OF NIINNESOTA CITIES - POLICY ADOPTION CONFERENCE --
Thursday, November 19. The LMC's 1992 Policy Adoption Conference will be held
at the Decathlon Club, Bloomington starting at 9:00 a.m. and continuing through the
afternoon. Meeting notice and agenda attached. (M -9a)
B. MEETING DATE FOR METROPOLITAN COUNCIL DISTRICT 9 VACANCY -
- Thursday, December 10, 6:30 p.m. Roseville City Hall. Public hearing to consider
candidates for the District 9 Metro Council seat. (M -9b)
10. MEETING CALENDARS - City Center calendars for November and December, and City
Council calendars for the upcoming six weeks are attached. (M-10)
FOR YOUR INFORMATION....
1. GENERAL . ELECTION REPORT --Statistics for the November 3 General election:
• TOTAL VOTES CAST:
32,053
• AVERAGE VOTER TURNOUT
82%
• ABSENTEE BALLOT APPLICATIONS
23,780
• NEW REGISTRATIONS
5,454
• REGISTERED VOTERS AFTER 11/3
39,132
A report from Laurie Rauenhorst on the election and election day activities, together with
the summary statement is attached. (I-1)
2. PINEVIEW LANE SOO LINE RAILROAD CROSSING -- Attached is a memorandum
from Dan Faulkner, summarizing his discussions with representatives of the MNDot Rail
Division and Soo Line Railroad regarding the improvement of the Pineview Lane crossing.
In brief, he was told that the costs "may be significantly more" in a retrofitted situation,
rather than having the gates added with the original improvement of flashing signals. We
are trying to identify what "significantly more" means. From the Soo Line's perspective,
this* would not be a "rush job," rather it will be placed in line with their other work. It
could be accomplished within approximately twelve months after the execution of a
City/Soo Line Railroad Agreement.
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 6, 1992
PAGE 4
It is possible that after installing the drop arms, that the Federal Railroad Authority may
issue a requirement for all railroads to blow their whistles at each intersection, regardless
of whether a local ordinance banning such action is in effect.
In accordance with Council direction I have asked Fred Moore to include this improvement
in the 1993 - 1997 Capital Improvement Program for the year 1993. I have also asked
Dan Faulkner to work with the Soo Line Railroad to expeditiously develop an agreement
between the City and Railroad for the drop arm installation. Attached for Council
information is a copy of the Florida study that the Soo Line has cited as its basis for
opposing train whistle bans. Also attached is a letter to the City Attorney that summarizes
the Council's desires with respect to preparing a train whistle ban ordinance. (I-2)
3. NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL - PHONE SURVEY -- The
NWHHSC will conduct a phone survey of northwest Hennepin residents in order to
determine human service needs in the community. The Council is invited to make any
comments about the proposed survey. I have jotted down a few of mine on the survey. I
will be sharing these suggestions with Northwest Hennepin next week. (I-3)
4. SNOWPLOWING INQUIRY -- Councilmember Vasiliou called after receiving an inquiry
from Mary Sabourin, 17740 Old Rockford Road, with respect to the adequacy of the snow
and ice control services she receives. Tom Vetsch, Street Supervisor, contacted
Ms. Sabourin and found that her primary concern is that there is a better level of sanding
and plowing service provided by the County east of Vicksburg than west of Vicksburg
where she lives. She wanted to confirm that the snow and ice control responsibilities are
the County's, which they are. She wants to contact the County herself in an effort to
resolve this matter.
5. FALSE ALARM ORDINANCE -- I received a telephone call and Mayor Bergman
received the attached letter from individuals representing Hair Excellence, Bass Lake Bottle
Shop, Kaylie's Dry Cleaners, and Prime Builders located at 11540 Bass Lake Road
expressing concern about the police alarm ordinance I asked Public Safety Director Gerdes
to investigate the concerns expressed in the letter. Attached is a memorandum from Darrel
Anderson on this subject. A Public Safety Department representative will be personally
contacting these folks in an effort to offer assistance in resolving their concerns as much as
possible without amending the ordinance. (I-5)
6. CITY CHARTER HvIPLEMENTATION -- Since the. City Charter proposal passed at the
November 3 election, I have asked Dave Kennedy as the Charter Commission's Attorney
to provide a letter on steps which must be taken to implement the Charter. I will share a
copy of that letter with the City Council once it is received.
7. FOUR SEASONS MALL LIQUOR LICENSE PROBLEMS -- In accordance with Council
direction, I contacted Marie Kunze at the Hennepin County Property Tax Division. Marie
advises me that the cities of Minneapolis, Bloomington, and Minnetonka have similar
provisions in their liquor licensing ordinances that require that the licensee be up-to-date on
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 6, 1992
PAGE 5
his or her property tax payments. Where delinquencies occur, the licensee has prepared a
written plan showing how delinquent and current taxes will be paid. Where tenants are
involved, the plan sometimes involves direct payments to the County of the tenant's
portion of the taxes. Once payment is confirmed by Ms. Kunze, the liquor licensee is
eligible for approval. I have shared this information with Jerry Weinrich, the Attorney for
the Four Seasons Mall with a request that he get together with the four affected tenants to
work on an agreement which ensures that the portion of the taxes attributable to these
tenants can be paid in a timely fashion. The method must be subject to monitoring by, the
County. Mr. Weinrich will provide a draft of such an agreement for review by the
County, City Attorney and City Council.
8. DEVELOPMENT SIGNAGE -- On Friday, November 6 a development sign was placed at
the following location:
Northeast of the intersection of 36th Avenue North and Xenium Lane North (92097).
Pat Goff is requesting approval of a Planned Unit Development Concept Plan for a 60
lot and 1 outlot townhome development. The development includes 6 twinhomes and
12 four plexes, and contains private streets instead of public streets.
This request will be heard by the Planning Commission at their Wednesday, November 18
meeting.
9. PLANNING FOR PLYMOUTH NEWS -- We are planning for the December issue of the
Plymouth News. If Councilmembers have ideas for stories what should be included,
please call Communications Coordinator Helen LaFave at 550-5016 by 4:30 p.m. on
Tuesday, November 10. A reminder: Suggestions for articles are welcome at any time,
however, if you can get them to us as early as possible it helps with planning.
In the next Plymouth News we plan to have a generic "want ad" requesting applications for
Board and Comnmission openings. These applications can be considered by the Council
for current openings and openings which may occur during the year.
10. LEAGUE OF CITIES - REORGANIZATION -- With the resignation of Don Slater as
Executive Director for the League of Minnesota Cities, the LMC Board has decided to
reorganize the management of the association. Attached is a memo from LMC President
Larry Bakken commenting on the reorganization and on the recruitment process for a new
Executive Director. (I-10)
11. MINUTES:
a. Planning Commission, October 28, 1992. (I-11)
12. CUSTOMER COMMENT LINE -- A transcript of a call received on the City's customer
comment line is attached. (I-12)
CITY COUNCIL IlVFORMATIONAL MIIdORANDUM
NOVEMBER 6, 1992
PAGE 6
13. CUSTOMER CON04EN'T CARDS --A summary of customer comment cards received
from September 25 through November 2 is attached. (1-13)
14. PERSONNEL:
a. DISTINGUISHED SERVICE AWARD FOR ERIC BLANK -- On November 19 the
Minnesota Recreation and Park Association will present Eric Blank with their
Distinguished Service Award at their annual conference to be held in Rochester at the
Radisson Hotel Center. I have attached a memo that provides further information on
the Award and the award presentation. A separate presentation is scheduled for the
December 7 City Council meeting. (1-14a)
0
1). Letter from George Lindberg, 1120 Pineview Lane. (I -14b)
15. CORRESPONDENCE:
a. Fax transmittal from John Edson providing information from Apple Valley regarding
touch read water meters. (I -15a)
b.. Letter from Ken and Sharon Schultz, 2700 Fountain Lane, on the need for an ice arena
in Plymouth. (I -15b)
c. Letter from Bassett Creek Water Management Commission on the Hennepin County
Ground Water Plan. (I -15c)
d. Letter sent to residents on the Weston Lane Storm Drainage Improvements. (I -15d)
e. Letter to Vernon Peterson, 17425 County Road 47 from Frank Boyles, regarding the
use of City brush disposal facility. (I -15e)
f. Letter to Kenneth Raschke, Assistant Attorney General, from City Attorney, regarding
City of Plymouth/Salary Limitation Issue. (I -15f)
g. Letters of appreciation to Hennepin County Commissioners Makowske, Jude, and
Keefe, and members of the Hennepin County Library Board regarding the Plymouth
Community Library. (1-15g)
h. Letter responding to Mr. David Anderson, 450 Harbor Lane, regarding a fence permit.
(1-15h)
i. Letter to Craig Gerdes, from Gary Swedberg, Chemical Health Coordinator, Wayzata
Schools, on the Public Safety Department's assistance and support following the suicide
of a student at Wayzata East Junior High. (I -15i)
CITY COUNCIL INFORMATIONAL MEMORANDUM
NOVEMBER 6, 1992
PAGE 7
Letter to Plymouth State legislators from Frank Boyles on the costs associated with
absentee voting. (1-15j)
Frank Boyles
Acting City Manager
CITY COUNCIL STUDY SESSION
November 30, 1992
5:30 p.m.
I. Review of Human Rights/Diversity Issues
1. Urban League Presenter
Central City Perspective
2. Suburban Hennepin Anti -Racism Committee Representative
- Suburban Perspective
- Suggestions for Community Action
II. Areas for Cooperation Between Boards and Agencies
- County
- School Districts
- Other Municipalities
M-1
am NOV -6 V
at. a -L
November 4, 1992
CITY OF
PIYMOM
Mr. David Landswerk
Superintendent
Independent School District 284
210 North Highway 101
P.O. Box 660
Wayzata, MN 55391
SUBJECT: JOINT MEETING BETWEEN THE PLYMOUTH CITY COUNCIL AND
INDEPENDENT SCHOOL DISTRICT 284 SCHOOL BOARD
Dear David:
This letter confirms our recent telephone conversation. Our Council would like to meet with
the School Board on Monday, December 7 at 5:30 p.m. This joint dinner meeting would be
for the purpose of discussing items of mutual interest. I have attached for your information
and input, a draft agenda for the meeting.
I would appreciate it if you could confirm with board members whether or not the December 7
date and time are acceptable and what revisions they propose to the draft agenda.
I anticipate that the meeting will be informal and require only about 1-1/2 hours of the board
member's time. Since we will be ordering a light meal for the meeting and preparing name
tags, I would appreciate it if you could provide me with a copy of the names of those
individuals who will be attending. My phone number is 550-5013.
Sincerely,
Frank Boyles
Acting City Manager
FB:keb
cpm NUV —692
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
�e
AGENDA
lJ
JOINT PLYMOUTH CITY COUNCIL/
INDEPENDENT SCHOOL DISTRICT 284 SCHOOL BOARD MEETING
Monday, December 7
5:30 p.m.
I. INTRODUCTIONS
II. COMMUNITY USE OF SCHOOL FACILITIES FOR PARK AND RECREATION
PROGRAM PURPOSES
III. NEW HIGH SCHOOL SITE
IV. SCHOOL LIAISON OFFICER PROGRAM
ADJOURN - 7:00 P.M.
cim NOV -6'92
November 5, 1992
FirstName MidName LastName
Address
SUBJECT: WATER QUALITY COMMITTEE
CITY OF PLYMOUTH
MEETING NO. 10
Dear FirstName:
CIN OF
PLYMOUTft
Please find enclosed the meeting minutes of our ninth meeting held on
October 6, 1992 as well as the agenda for Meeting No. 10 scheduled for
Tuesday, November 10, 1992 at 7:00 p.m. in the City Council Conference
room.
Marsha Videen, representing the East Parkers Lake Improvement Association,
has requested to make a short presentation to the committee requesting
funding for a water quality study of Parkers Lake.
If you have any questions, please contact me at 550-5071.
Sincerely,
Daniel L. Faulkner
City Engineer
DLF:do
enclosures
cc: Frank Boyles, Acting City Manager
Fred G. Moore, Director of Public Works
Joy Tierney, City Council Representative
cim Nov -6192
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
M -q
WATER OUALITY COMMITTEE
AGENDA
FOR
NOVEMBER 104 1992
7:00 P.M.
Item I Request for funding of water quality study of Parkers lake -
Marsha Videen East Parkers Lake Improvement Association
Item II Continued discussion on fertilizer usage and public education
proocess
CIM 0 `6'91
CAN.%(
NATER QUALITY COMMITTEE - MEETING NO. 9
TUESDAY, October 6, 1992
7:00 P.M.
Members in Attendance: Craig Twinem, Jeff Shopek, Bonnie Hackner, Val
Scheglowski, LuAnn Yattaw, Eric Blank (Staff/Ex-officio), Joy Tierney, Council
Liaison, and Dan Faulkner (Staff). ,
Members Absent: Mary McKee
Guests: Bob Mugaas, Minnesota Extension Service, Hennepin County; Joel
Settles, Hennepin County Conservation District; Bob Hufford and Steve
Tjornhom, Evergreen Lawns, Inc.; Lee Peterson, Dundee Nurseries; Greg Senst,
Hennepin County Agricultural Inspector; Todd Metzer, a University of Minnesota
Student in Environmental Studies; and Fred Moore, Director of Public Works.
Jeff Shopek opened the meeting with a brief explanation of how the Water
Quality Committee has evolved since its first meeting in January. He
mentioned that Gene Soderbeck of the MPCA had given a presentation at an
earlier meeting on fertilizer usage including an explanation of the Shoreview
Fertilizer Ordinance. As a follow up to that interest expressed by the
Committee on fertilizer usage, this meeting was organized to have
presentations made from the various interest groups involved in fertilizer
usage.
Joel Settles gave the first presentation with an explanation of the effects of
fertilizer on algae growth in lakes due to the phosphorus and nitrogen in the
fertilizers. Phosphorus is the element in particular short supply in lake
environments, therefore, it is important to limit the amount of phosphorus
that enters lakes. Joel works with municipalities and groups to reduce
nutrient loading into lakes by the use of best management practices. This
includes such simple things as homeowners maintaining their lawns in a manner
which prevents leaves, grass clippings, and fertilizers from entering the
storm sewer system. Joel mentioned that he does get involved in studies
attempting to determine how run off effects lake water quality. He was
involved in residential studies in Bloomington and St. Louis Park analyzing
rainfall events and the effect of nutrients in the runoff entering .lakes.
While these studies provided useful information, the environmental effects
were hard to quantify. A survey of residential property owners indicated that
85Z use fertilizers on their lawns, 76Z use herbicides, 671 apply the
fertilizers and herbicides themselves, and 182 of the respondents h6e had
soils tests done on their lawns. Joel mentioned that soils tests are
important to determine the proper amount of nutrients needed to properly
fertilize your lawn.
The next presentation was by Bob Mugaas who passed out several handouts from
the Minnesota Extension Service on lawn care practices and fertilizer usage.
He indicated that if property owners took time to learn about their lawns and
treat grass growth in a manner similar to fruit and vegetable garden growth,
we would do much better in properly caring for our lawns. He explained how
the grass plant is an autotroph much like a tomato plant which needs oxygen
and sunlight to make their own food. The roots of the plant and soil they
grow in
CIM NOV -6'92
WATER OUALITY COMMITTEE - MEETING NO. 9
Page Two
are extremely important. He indicated that the soils in Plymouth are very
hard, but not bad soils. They consist principally of clay and therefore they
have poor aeration and are typically quite coop act. While the native soils in
this area are high in phosphorus, they are typically removed with grading
operations and the soils left are typically low in phosphorus and quite
compact. He strongly suggested having a soils analysis done in the top four
to six inches of your soil and indicated if you concentrate on the top three
to four inches of your soil you will. establish a deep root zone and a better
lawn. He indicated that adding top soil is not a particularly good idea
unless you add at least eight inches. It is better to prepare your clay soil
and establish the root zone in the native soil. He explained the difference
between inorganic and synthetic organic fertilizers. The organic and
synthetic organic are fertilizer types which contain slow release elements
while the inorganic is fast release. The slow release forms of fertilizer
provide for the plant to use the phosphorus and potassium nutrients quickly
and the nitrogen is a controlled released, all of which are desirable.
Fertilizing in the fall is probably the best time for an application as
nitrogen is released slowly due to cool temperatures and adequate sunlight.
Bob Hufford, Plymouth Service Agent with Evergreen Lawns, designs the actual
applications used throughout Plymouth. Evergreen services approximately
20,000 homes in the Twin City area. He mentioned that fertilizer ordinances
which restrict the use of phosphorus are not particularly necessary in their
case as Evergreen doesn't use phosphorus in most of it applications except in
the fall. He indicated that their operations are closely monitored and that
they are licensed and certified with the State and all products they use must
be certified with the State. If fertilizer applications fall on inert
surfaces, they must be swept up or the inspector could site them for a spill
and they would be fined. He mentioned that the industry has changed greatly
in the last eight years and the major problem today is the individual
homeowner who does his own fertilization and requires no certification. Their
applicators are all trained and licensed personnel and they use only dry
fertilizer. He indicated they treat approximately 700 lawns in Plymouth. He
also indicated that some cities with fertilizer ordinances dictate that no
fertilizer can be applied prior to April 15. Depending on the weather, this
date is often too late for the first application. He indicated that education
of the public is very important concerning fertilizer usage, but also one of _
the harder parts of their business. He mentioned that one way homeowners can
help in establishing a good lawn is through annual aeration. He mentioned
theft their application devices have shields to divert the granular fertilizer
*from getting on to inert surfaces and if this does occur they sweep the
surfaces.
The fourth presentation was made by Lee Peterson, who has been the Garden
Center Manager for Dundee Nursery over the past 11 years. He indicated that
their biggest problem is educating people on when and how to correctly apply
fertilizers. People often don't take the time to determine what is needed on
their lawn or shrubs. He stressed the importance of aerating and/or tilling
the soil prior to planting a new lawn. He expressed concerns that builders
um NOV -6'92
"1
WATER OUALITY COMMITTEE - MEETING NO. 9
Page Four
There was further discussion and comments regarding the individual homeowner
applying fertilizers as well as the small illegally unlicensed applicators.
With the initiation of a fertilizer ordinance the already licensed major
applicators irould have another layer of regulation placed on them with little
or no benefit to water quality.
In response to a question about the difference between spray and granular
fertilizers, it was indicated that spray dries on the blade and is taken up
faster. Granular is easier to apply and has a more slow release. It was
indicated that neither type tends to leave the lawn area once an application
is made. Only in instances where heavy rains occur shortly after these
applications have been applied would one need to be concerned about
fertilizers leaving the lawn area. In response to a question about City
licensing and regulation, Mr. Hufford indicated that the State requires
licensing of all applicators and some cities have required licensing as well.
The City fee can get to be rather high, but he felt it is better than having
restrictive City ordinances which dictate when applications can be made. He
indicated that he feels the small unlicensed applicators and the uneducated
homeowners are the real problems. He indicated that he feels educating the
public is the best way to improve water quality and he offered to assist in
this process in any way possible. Mr. Mugaas also offered his assistance in
any type of educational process.
In response to a question about enforcement, it was stated that the fertilizer
bag indicates the guaranteed minimum amount of elements in the fertilizer mix
contained therein. Therefore, by looking at the bag contents you cannot
conclusively determine the amount of nitrogen and phosphorus and other
elements. At this point it was the general consensus of the presenters that
educating the public is probably the best method of improving fertilizer
applications and eventually water quality. It was a further consensus that
the amount of runoff of nitrogen and phosphorus from turf grasses is very
minimal and the focus should be more on fertilizers falling on inert surfaces
and control of dumping leaf and grass clippings in lakes and drainage ways.
The meeting was concluded at approximately 9:40 p.m.
61M NOV -6'92
M.y
WATER QUALITY COMMITTEE - MEETING NO. 9
Page Three -
don't properly prepare the soil before lawns are sodded. He briefly explained
the three types of fertilizers which Dundee sells, i.e., straight lawn
fertilizer, a weed and feed type, and a grab grass preventative type of
fertilizer. He mentioned that Dundee has switched to slower release types of
fertilizers. He recommended the placement of a gypsum type product along with
aeration to help loosen up a lawn. He strongly suggested that people don't
catch their grass clippings or leaves as this practice will add nutrients back
to the lawn in an amount equal to a fertilizer application over a season. He
strongly suggested a program of public education rather than fertilizer use
ordinances.
At the conclusion of Mr. Peterson's presentation, a question and answer period
ensued. In a response to a question on how much phosphorus is too much, Mr.
Mugaas indicated that phosphorus is required by plants but not as much as
nitrogen and potassium. He indicated that phosphorus is found in the soil but
complexed with calcium in some soils and therefore a soils test should be
completed prior to determining the fertilizer application. In response to a
question about aeration Mr. Mugaas indicated that a depth of three inches or
greater is adequate as that is the standard machine depth. Aeration should be
accomplished on a routine basis and more frequently if there is much activity
on your lawn, i.e., twice per year in some cases. He indicated that multiple
applications are more important early in one's lawn development. A test to
determine if your lawn is well aerated is to take a blunt screwdriver and it
should easily be inserted into your lawn. Representatives of Evergreen Lawns
also reiterated the importance of aeration and indicated:they have many
customers who aerate in the spring and fall.
Mr. Mugaas responded to a question about natural and native grasses and soils
and indicated they often grow in harmony where undisturbed and the native top
soil is still in place. Mr. Peterson commented that the residential property
owner should think of themselves are turf farmers who farms their soil rather
than compact it. In response to a question about what thatch is, Mr. Mugaas
explained that it is a layer of brown fibrous material of old roots and
decaying plant material that die off and accumulate over time and when it gets
to be one-half inch or greater it will not let the root system get through the
soil to the necessary nutrients. If it is too thick it acts like a sponge and
breeds plant diseases.
Mr. Peterson explained the importance of watering and indicated that many
people don't understand the proper technique. To maintain a healthy lawn you
should water approximately one inch per week spread over one or two waterings,
but more often if your lawn is compacted. The question was raised about the
need for a fertilizer ordinance in Plymouth. Mr. Settles indicated that he
feels it is a philosophical question as an ordinance would be very difficult
to enforce, but more than 801 of the people would likely follow the ordinance
even without enforcement. Mr. Hufford indicated he felt the 801 estimate was
too high for unenforced compliance. A comment was made that it may be
difficult to get all suppliers in and around Plymouth to comply with a
fertilizer ordinance which restricted phosphorus content. In addition, it
would be quite difficult to monitor and police.
ciM NOV —6'92
Regular Meeting of the Park and Recreation Advisory Commission
November 12, 1992, 7:00 p.m.
AGENDA
1. Call to Order
2. Approval of Minutes
3. Visitor Presentations
a. Athletic Associations
b. Staff
c. Others •
4. Report on Past Council Action
a. Comprehensive trail plan amendment approved
b.
5. Unfinished Business
a. Volunteer coordinator - report from subcommittee
b. Park development projects update
C. Focus groups and surveys - report from subcommittee, Tom
Johnson, chair
d. Amendment to park plan - playfield site selection
e. Acquisition of Ess land at Fernbrook and Co. Rd. 9 -
recommendation to proceed
6. New Business
a.
b.
C.
7. Commission Presentation
8. Staff Communication
9. Adjournment
Next regular PRAC meeting - December 10 `
cim NOV —6'92
4
K� elm creek
Watershed Management Commission
EXECUTIVE SECRETARY
,;ume Anderson
3030 Haroor Lane
Plymouth. MN 55447
Phone 612 553 11
TECHNICAL ADVISOR
Hennepin Conservat-on Dsmct
12450 Wavzata Boulevard
Minnetonka MN 55343
Phone 6:2 544-5572
November 3, 1992
Representatives
Elm Creek Watershed
Management Commission
Hennepin County, Minnesota
Dear Representatives:
A regular meeting of the Elm Creek Watershed Management Commission will be held
Tuesday, November 10, 1992, at 3:00 p.m. at Plymouth City Hall, Plymouth, Minnesota.
Please note this change off day for this' month only. An agenda for this meeting is enclosed.
Please notify this office, 553-1144, whether you will or will not be able to attend. It is your
responsibility to ascertain that your community will be represented at this meeting.
Regards,
Judie A. Anderson
Executive Secretary
"
+p
Encl.
cc: Alternates
Clerks
District Office
Hennepin Parks
Will Hartfeldt
CIM NOV '6'92
EXECUTIVE SECRETARY
.tudie Anderson
3030 Harbor Lane
Pivmouth. MN 55447
Phone 612 553-1144
elm creek
Watershed Management Commission
I.
TECHNICAL ADVISOR
Hennepin Conservation District
'2450 Wayzata Boulevard
Minnetonka, MN 55343
Phone 612 544-8572
CALL TO ORDER
AGENDA
November 10, 1992
1. Approval of minutes of October 14, 1992 meeting.
^_ Treasurer's report and submission of bills.
OLD BUSINESS
3. Reports from District Office.
a. Water monitoring program.
1) Lakes and stream monitoring.
2) Alum treatment project.
3) Rain gauges - Zeug.
b. Wetlands mapping.
C. Amendments to the Management Plan - Zeug, Moore.
d. Flood timing - Zeug.
e. Non -point pollution source entering Maple Grove.
NEW BUSINESS
4. Correspondence.
a. Notice of public hearings for Wetland Conservation Act. Closest to Elm Creek area
is December 17 at the State Office Building, St. Paul. Times are 1:00 and 7:00 p.m.
(Copies of act are available from the Administrative Office.)
b. Notice of MN Assn. of Soil and Water Conservation Districts Annual Convention,
December 6-8 at the Radisson South.
C.
Notice of meeting to determine interest in formation of a Metropolitan Association of
WMO's, November 24 at Brooklyn Park City Hall.
5. Project Reviews.
a.
86-037
Joe Raskob, Medina.
b.
88-017
Gerald Dykhoff, Medina.
C.
92-001
The Woods at Elm Creek, Champlin.
d.
92-004
Highpointe Hill, Maple Grove.
e.
92-010
Cobblestone Hills, Maple Grove.
f.
92-014
Teal Lake Meadows, Maple Grove.
g.
92-020
Fish Lake Outlet, Maple Grove.
h.
92-022
Weaver Lake Estates 3rd Addition, Maple Grove.
i.
92-024
Elm Creek Golf Course, Plymouth.
j.
92-027
Champlin Elm Creek Estates, Champlin.
CIM
6. Other business.
M --j
II .� -
Alt-
:; elm creek
l
Watershed Management Commission
EXECUTIVE SECRETARY
Judie Anderson
3030 Haroor Lane
Plymouth. MN 55447
Phone 612553-1144
TECHNICAL ADVISOR
Hennepin Conservation District
12450 Wayzata Boulevard
MmnetonKa. MN 55343
Phone 612544-8572
Minutes
September 9, 1992
I. The regular monthly meeting of the Elm Creek Watershed Management
Commission was called to order at 3:15 p.m., Wednesday, September 9, 1992, at
Plymouth City Hall, Plymouth, MN, by Chairman Fred Moore.
Those present were: Jack Bittle, Champlin; Robert Derus,
Corcoran; Shirley Slater, Dayton; Steve Peaslee, Hassan; Ken
Ashfeld, Maple Grove; Larry Elwell, Medina; Fred Moore,
Plymouth; Leon Zeug, HCD; John Barten, Hennepin Parks; Will
Hartfeldt, attorney; and Judie Anderson, Executive Secretary.
II. Ashfeld moved and Peaslee seconded a motion to approve the minutes
of the August 9, 1992 meeting. Motion carried.
III. Slater moved and Peaslee seconded a motion to approve the August
and corrected July Treasurer's Reports and pay the bills. Motion carried.
IV. Reports f rom the District Of fice.
A. Water Ouality Monitoring.
1. Lakes Monitoring. Four lakes were sampled August ll.
Transparency was 71, 51, 10.5' and 1.3' on Weaver, Fish, Cook and Diamond
lakes, respectively. Oxygen dropped to zero at a depth of 21' on the first
two lakes; Cook remained oxygenated throughout the water column. Phos-
phorus remained the highest (136 ug/L) in Diamond Lake. Chlorophyll a
concentrations were 9.6, 41.5, 6.2 and 58 ug/L on the four lakes.
2. Stream Monitoring. Fecal coliform sampling was
conducted in August. All sites except 5, 6, and 8 had acceptable coliform
counts. Site 8 had a count of 593 colonies/100 mL.
3. Alum Proiect. Some results were received for total
phosphorus • analysis. . The pond has high phosphorus concentrations.
Sampling will continue and the alum treatment will occur in late September
or early October.
B. Rain Gauges. HCD will have the Maple Grove station on line by
the early part of next week.
CIM NOV -6'92
M`—%
Minutes
September 9, 1992
page 2 f
C. The cities of Corcoran and Maple Grove will work together to
determine the source of non -point pollution at the boundary of their
cities.
D. Moore, Zeug, and Hartfeldt have not yet met with Ron Harnack at
BWSR re amendments to the Management Plan.
E. The District Of fice reports that some Rogers council members
are not sure of the need to join the Commission. a
F. The District Office is working on the flood timing project
showing the effects of lost flood storage to downstream property. The
project will take several more weeks because of the necessary data to
make the presentation effective.
V. Proiect Reviews.
A. 86-037 Joe Raskob, Medina. No information.
B. 88-017 Gerald Dykhoff, Medina. No information.
C. 91-005 Veit Contracting, Hassan. No information.
D. 92-001 The Woods at Elm Creek, Champlin. No information.
E. 92-010 Cobblestone Hills, Maple Grove. No information.
F. 92-014 Teal Lake Meadows, Maple Grove. The erosion and
sediment control plan still includes unresolved issues.
G. 92-015 Charles Tatro, Maple Grove. Mr. Tatro has completed an
agreement with the developer of Shadow Creek 6th Addition that mitigates
his floodplain fill.
H. 92-018. City of Medina. The City's engineer has shown with a
survey that the fill occurs above the 100 year flood elevation for Upland
Flood Storage Area 17.
I. 92-020 Fish Lake Outlet, Maple Grove. HCD has not received
any plans for the outlet pipes now being put in place. The pipe design was
not a part of the Commission's approval at the August meeting.
J. 92-022 Weaver Lakes Estates 3rd Addition, Maple Grove. No
information,
K. 92-024 Elm Creek Golf Course, Plymouth. HCD -was informed
that there is a new culvert crossing the creek in the Golf Course. - The
owner of the golf course has not returned HCD's phone calls.
CIM NOV '6'92
M--7
Minutes
September 9, 1992
page 3
L. 92-025 Widening of Weaver Lake Road, Maple Grove. The
grading portion of this project was approved as part of the SciMed
floodplain mitigation. However, the culvert design has not been approved.
(See 92-020, above.)
M. 92-026 Glime Dam, Plymouth. Mr. Glime has constructed a low
head earthen dam on a tributary to Elm Creek, just downstream of Upland
Flood Storage Area 6. DNR considers this dam to be a Class III low hazard
dam. At this time the only information available are photographs taken by
the Plymouth Police Department.
VI. Hennepin Parks Agreement. Barten, Carolyn Dindorf of the HCD
office, and Anderson will work together to develop a cooperative agreement
between the Commission and Hennepin Parks for the years 1993-1997.
VII. Correspondence.
Anderson noted receipt of the following:
A. Call for Presentations re Rural Nonpoint Source Pollution in
the Upper Midwest: Exploring Local Level Initiatives and Effective
Partnerships. Deadline is October 1, 1992. The conference will be held in
LaCrosse, WI in March 1993.
B. August 28 letter from the Minnesota Pollution Control Agency
enclosing an Environmental Assessment Worksheet on the Hamel Service
Area, Trunk Sanitary Sewer Improvements, Medina. Comments are due by
September 30, 1992.
C. Letter from the Minnesota Pollution Control Agency announcing
the 5th application cycle for the Clean Water Partnership Program.
Applications for grants will be accepted through October 29, 1992.
P. July 30 memo from HCD enclosing a revised draft of the
Hennepin Ground Water Plan.
There being no further business before the Commission, the meeting
was adjourned at 4:05 p.m.
Respectfully submitted,
Judie A. Anderson
Executive Secretary
JAA:timCIM Vim ^ 6' K
SHINGLE CREEK WATERSHED MANRGEMENT COMMISSION
3030 Harbor Lane, Suite 100 • Plymouth, MN 55447
Telephone (612) 553-1144 Fax (612) 553-9326
November 5, 1992
Commissioners
Shingle Creek Watershed
Management Commission
Hennepin County, Minnesota
Dear Commissioners:
A regular meeting of the Shingle Creek Watershed Management Commission
will be held Thursday, November 12, 1992, at the Saint Andrews Club, 8700
Edinbrook Crossing, Brooklyn Park, MN. Lunch will be served promptly at
12:00 noon and the Shingle Creek and West Mississippi WMO meetings will
begin at 12:45 p.m.
Please call the Commission office to confirm whether you or your Alternate
will be attending this meeting. We must make final reservations by Tuesday,
November 10, 1992.
An agenda for the meeting is enclosed.
Regards,
Judie A. Anderson
Recording Secretary
JAA:tim
Encls.
cc: Alternate Commissioners
Member City Of fices
Curtis A. Pearson
Dale Claridge
Metropolitan Council
Water and Soil Resources Board
Post Publications
Osseo -Maple Grove Press
CIM NUI -6'92
BROOKLYN CENTER 9 BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS . NEW HOPE 9 OSSEO . PLYMOUTH 9 ROBBINSDALE
M•%
SHINGLE CREEK WATERSHED MRNOGEMENT COMMISSION
3030 Harbor Lane, Suite 100 • Plymouth, MN 55447
Telephone (612) 553-1144 Fax (612) 553-9326
A regular meeting of the Shingle Creek Watershed Management Commission will be held
Thursday, November 12, 1992, at 12:45 p.m. at the Saint Andrews Club, 8700 Edinbrook
Crossing, Brooklyn Park, MN. An agenda for that meeting follows:
1. Call to order.
2. Roll call.
3. Minutes of October 8, 1992 meeting.
4. Reports from officers.
5. Approval of claims.
6. Consideration of communications.
a. Communications log.
b. Notice to Brooklyn Park residents re removal by EPA of PCB contaminated
materials from Central Park. Removal began the week of October 23.
C. Notice of MN Assn. of Soil and Water Conservation Districts Annual
Convention, December 6-8 at the Radisson South.
d. Notice of public hearings for Wetland Conservation Act. Closest to
Shingle Creek area is December 17 at the State Office Building, St.
Paul. Times are 1:00 and 7:00 p.m. (Copies of Act are available from
the Commission Office.
e. Notice of meeting to determine interest in formation of a Metropolitan
Association of WMO's, November 24, at Brooklyn Park City Hall.
f. Receipt of copy of Minnesota Rules Chapter 8410, Local Water Management.
g. Metropolitan Council SWRBB Model Survey. They request survey be
returned by December 15.
7. Twin Lakes/Ryan Lake.
a. Letter from Claridge re weir modification.
b. Watershed Base Maps.
C. Request for cost share of algae treatment program - letter from City of
Brooklyn Center.
8. Project Reviews.
a. SC92-11 Nirmal Jain Addition, Maple Grove.
b. SC92-12 EAW for North Memorial Medical Center, Robbinsdale.
C. SC92-13 Dimension Industries, Maple Grove.
9. Other business.
10. Adjournment.
BROOKLYN CENTER • BROOKLYN PARK 9 CRYSTAL • MAPLE GROVE • MINNEAPOLIS . NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE
r
M-�
SHINGLE CREEK WATERSHED MRNAGEMENT COMMISSION
3030 Harbor Lane, Suite 100 • Plymouth, MN 55447
Telephone (612) 553-1144 Fox (612) 553-9326
s
MINUTES
September 10, 1992
A meeting of the Shingle Creek Watershed Management Commission was called
to order by Chairman Fred Moore on Thursday, September 10, 1992, at 12:50
p.m. at the Saint Andrews Club, 8700 Edinbrook Crossing, Brooklyn Park, MN.
Present were: Sy Knapp, Brooklyn Center; Kevin Larson, Brooklyn Park;
Bill Monk, Crystal; Gerald Butcher, Maple Grove; Perry
Damon, Minneapolis; Gene Hakanson, Osseo; Fred Moore,
Plymouth; Fran Hagen, Sr. (voting) and Jerry Ruffenach,
Robbinsdale; Curt Pearson, attorney; Dale Claridge, JMM;
and Judie Anderson, recording secretary.
Also present were: Ed and Helen Wright, Ralph Harmon and Jo Harmon, Dave
and Kari Kringstad, and Mary E. Schroeder, Robbinsdale.
I. Minutes.
Monk moved and Hakanson seconded a motion to approve the minutes of
the August 13, 1992 meeting. Motion carried.
II. Treasurer's Report.
Knapp moved and Butcher seconded a motion to approve the
Treasurer's Report. Motion carried.
III. Approval of Claims.
Knapp moved and Hagen seconded a motion to approve claims totaling
$5,665.32. The claims were approved by roll call vote: ayes - Knapp, Larson,
Monk, Butcher, Damon, Hakanson, Moore and Hagen; nays - none, absent - New
Hope.
IV. Correspondence.
A. The Commissioners reviewed the Communications Log. No action
was required. '
B. The Commissioners received a copy of a letter fr6m Claridge to
Randall Anhorn of the Metropolitan Council . in which he expressed the
Commission's interest in -participating in a citizen -assisted lake monitoring
program in 1993. Anhorn indicated in a previous conversation that each of
the Twin Lakes would be considered a separate sampling site.
BROOKLYN CENTER . BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS . NEW HOPE • OSSEO • PLYMOUTH . ROBBINSDALE
CIM %N -611
M• r
SCWMC Minutes
September 10, 1992
page 2
C. The Commissioners also received a
Pollution Control Agency announcing the fifth
Clean Water Partnership program. Applications
through October 29, 1992.
V. Proiect Reviews.
notice from the Minnesota
application cycle for the
for grants will be accepted
92-8 Lupient Oldsmobile. Development of two car dealerships to be
known as "Saturn of Brooklyn Park" and "Lupient Isuzu -Suzuki"' on an
existing 6.5 acre commercial site located. at the northeast intersection of
County Road 81 and 79th Avenue, Brooklyn Park. Knapp moved and Hakanson
seconded a motion directing the consultant to notify the City of Brooklyn
Park that approval of 92-8 is hereby granted conditioned on the applicant's
meeting the conditions set forth in the consultant's report and
recommendations, i.e.,
1. Erosion control measures shall be used at catch basin inlets
(e.g., hay or straw bales, rock filters, etc.) to prevent sediment
from entering the storm sewer system and pond during the
development process.
2. Required drainage easements shall be dedicated to the City for
those areas below the 100 year flood elevation of 870.
Motion carried.
92-9 Owens-Corning Fiberglas Corporation. Construction of a truck
staging parking lot on a site located west of the intersection of Humboldt
and 47th Avenues adjacent to the Soo. Line Railroad tracks, Minneapolis.
Damon moved and Larson seconded a motion directing the consultant to
notify the City of Minneapolis that approval of 92-9 is hereby granted
conditioned on the applicant's meeting the conditions set forth in the
consultant's report and recommendations, i.e.,
1. Required drainage easements for ponding and access for
maintenance shall be dedicated to the City.
2. The Owner shall designate operation and maintenance
procedures which will maintain the outlet control structure -and
a minimum permanent pool depth of two feet in the stormwater
treatment pond and assurance to the City, in the form of a
recordable agreement, that the, designated operation and
maintenance procedures will be faithfully executed.
3. The outfall from the pond outlet shall be stabilized with rip -
rap. CW Nov -6'-.
M• %
SCWMC Minutes
September 10, 1992
page 3
4. The owner shall submit a temporary erosion and sediment
control plan to the City outlining the procedures to be used to
control site erosion during construction.
5. The proposed culvert under the access road shall be connected
to the existing culvert under the railroad tracks to reduce head
loss and minimize ze potential erosion and maintenance problems.
Motion carried.
VI. Other Business.
A. Twin Lakes. Claridge gave a brief overview of a September 2
memo from Paul Nelson of JMM outlining cost estimates for the Twin Lakes
special projects discussed at the August meeting. The Commissioners
deferred discussion of these projects to the October meeting.
B. Ryan Lake. Claridge reviewed his September 10 memo re
hydraulic analysis for potential weir modifications at France Avenue and
responded to questions from the Commissioners and visitors. Knapp moved
and Damon seconded a motion to approve construction of an 18" weir with an
8' opening conditioned that the City of Robbinsdale pay the costs of such
construction. Knapp amended his motion to request that Hagen and Claridge
work together to design a modification to the bottom half of -the opening.
There was no second.
Hagen moved and Knapp seconded a motion to table the main
motion. The motion to table was approved, Monk voting nay.
Hagen moved and Butcher seconded a motion authorizing JMM to
work with the Cities of Brooklyn Center and Robbinsdale to design a
structure to meet the objectives of the 18"/8' and 15"/6' scenarios. Motion
carried.
There being no further business before the Commission, Butcher moved and
Knapp seconded a motion to adjourn. Motion carried. The meeting was ad-
journed at 2:50 p.m.
Respectfully submitted,
Judie A. Anderson
Recording Secretary
JAA:tim
CIM NOV -6'92
AL
rag LAIC
League of Minnesota Cities
3490 Lexington Avenue North
St. Paul, MN 55126
(612) 490-5600
M-01
October 28, 1992
To: Managers or Clerks (Please distribute a copy of these materials to
your mayor and councilmembers)
From: Cam Andre, Executive Director Subject: 1993 Policy Adoption Conference and Legislative Policies
During the past few months there has been a great deal of attention focused on
national, state and local elections As a member of the League of Minnesota
Cities, your city is entitled to vote on the enclosed Proposed 1993 City Policies
and Priorities.
The policies address significant city issues such as local government aid, other
property tax relief programs, tax increment financing, transportation funding,
pay equity, solid waste, and wetlands protection. We will also discuss the
League's city aid formula proposal.
The League membership will vote on these policies as part of the LMC Policy
Adoption Conference, which will be held on Thursday, November 19, 1992,
at the Decathlon. Club, 7800 Cedar Avenue South, Bloomington. The club is
located on the south frontage road along I-494. Take the 12th Ave. exit to
reach the site. The phone number is (612) 854-7777.
In addition to the consideration of the proposed policies, city officials will have
an opportunity to hear from a variety of speakers on municipal issues. A
description of the program and a registration form is provided on the reverse
side of this letter. In order for League staff to plan properly for the meeting
we urge our to members register early.
CIM NOV -6'92
OVER
League of Minnesota Cities
1992, Policy Adoption
Program
4?
V) -),Cl
I%urWjW, November 19,1992
The Decathlon Club
Mw Dec.aloo CM
"1800 QdarAvono Soo&
A floomaSSW" lQV sm"
Schedule (612) 80447M
9:30 a.m. President's message—Lary Bakken, LMC President and Mayor,
Golden Valley
9:45 a.m. Session preview—Legislative perspectives on major issues
affecting cities:
State budget and city aid
Mandates
Solid waste
10:45 a.m. Break
11:00 a.m. Report and recommendations on the League of Minnesota Cities
city aid formula proposal.
12:00 noon Lunch
1:00 P.M. Adoption of Proposed Policies
Federal Legislative
Mandates
Development Strategies
Elections and Ethics
General Legislation and Personnel
Land Use, Energy, Environment and Transportation
Revenue Sources
Q
\'N\ -9
3490 Lexington Avenue North
St. Paul, MN 55126
League of Minnesota Cities (612) 490-5600
LEAGUE OF NIINNESOTA CITIES
POLICY ADOPTION MEETING RULES
1. Registration
Registration shall remain open from the previously announced opening of conference
registration until completion of policy adoption.
2. Voting Privileges
Only one delegate per city shall be permitted to vote on policy proposals, priorities, or
motions. Each current LMC member city shall designate one official as delegate (and may
select another city official as an alternate) for voting purposes.
Only those officials with voting cards for their cities shall be eligible to vote. Possession of
the voting card of the city and the signed voting card register shall be evidence that the
holder of the voting car is the city's delegate for purposes of voting.
3. Committee Reports
The chair or vice chair of each committee shall present the committee report and move
adoption of the policy statements. After adoption of policy language, the chair or vice chair
shall move adoption of priority rankings.
Upon a motion by at least 10 delegates, the chair shall place on the agenda for discussion:
1) a proposal to make a substantive change in the language of a proposed policy,
2) change a priority,
3) a request to divide a proposed policy statement, or
4) to take a position which the appropriate policy committee chair or representative
states was not considered by the committee.
The text of nonprocedural motions and amendments, other than changes in policy priorities
and motions to divide a policy statement, must be submitted in writing to the chair prior to
debate.
= OVER = CIM NOV -6'92
4. Mgjonty Required
A) Amendments to language or division of proposed policy statements require a w4ority
vote of the City delegates voting on the motion.
11) Final passage of any policy or amended policy or change in priority requires a
favorable vote of 2/3 of the City delegates voting on the policy.
S. Disputes
Disputes regarding eligibility to vote shall be referred to the IMC General Counsel and may
be appealed to the conference. Such reports or appeals shall be a special order of business
and may be taken up at any time a new question (main motion) is in order.
6. Limits on Debate
Each speaker shall be limited to three minutes on any debatable question. The chair may
extend the debate limits in order to consider an issue if numerous delegates request to be
heard on the issue.
The chair may reduce the time allotted for debate in order to complete policy adoption, but
in no case shall the length of time be reduced to less than three minutes per side.
7. Parliamentary Procedure
Precedence. The policy adoption process shall be governed by the LMC Constitution, these
rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these
rules and Roberts Rules of Order.
Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule 1/6
notwithstanding, shall be limited to two minutes by the appealer and two minutes by the
chair. Either may designate another eligible voting delegate (or LMC officer or board
member) to speak in his/her place.
Changes. Motions to "rescind" and "reconsider" shall require a two-thirds vote of delegates
present and voting.
8. Number of "A" Priorities
A motion to change a proposed policy's priority to an "A" priority must also propose another
"A" proposed policy to be reduced below an "A" priority. The final number of "A" priority
policies shall not exceed the number proposed to the conference by the Legislative
Committee, but when a policy with a proposed "A" priority is divided, the number of "A"
priorities shall not be considered to be increased.
CIM NOV -6'92
ARNE H. CARLSON
GOVERNOR
TO: AFFECTED STATE LEGISLATORS, CLERKS, CITY AND COUNTY
ADMINISTRATORS
FR: JOESEPH R. KINGMAN III, DIRECTOR OF APPOINTMENTS AND
CONSTITUENT SERVICES
DATE: OCTOBER 27, 1992
SUBJECT: NOTICE OF MEETING DATE FOR METROPOLITAN COUNCIL
DISTRICT #9 VACANCY
In January 1993, the Metropolitan Council District #9 seat will become vacant due to
the expiration of the current term. District 9 includes the Anoka County cities of St.
Francis, Bethel, East Bethel, Ramsey, Andover, Ham Lake and Anoka; and the
Hennepin County cities of Dayton, Champlin, Maple Grove, Plymouth and Medicene
Lake. The Metropolitan Council Nominating Committee must now conduct a public
hearing to consider candidates for the seat.
Governor Carlson has designated the following persons to serve on the nominating
committee:
Maureen Shaver (Ex -officio Chair), Wayzata
Karen Anderson (Elected official), Minnetonka
Carl Cummins III (Elected official), Mendota Heights
Sally Evert (Elected official), Stillwater
Rich Hadley, Oakdale
Martha Head, Minneapolis
Martin Kellogg, Saint Paul
Ray Pleasant, Bloomington
The nominating committee will hold the hearing for this vacancy on Thursday, December
10 at 6:30 p.m. in the Roseville City Hall Chambers, 2660 Civic Center Drive.
Persons interested in the seat are requested to appear at the hearing. Each candidate
will be allotted no longer than 5 minutes to make a presentation before the nominating
committee, followed by no longer than a 10 minute question and answer period.
If you have any questions or need an application, please feel free to call Cheryl Talberg
at 296-0077 or John Hultquist at 296-0013.
AN EQUAL OPPORTUNITY EMPLOYER Nov — 6 ,92
4^i4 PRINTED ON RECYCLED PAPER UU��
S-AGW,75
E- 4�
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
�._� -,_ ,�. _ ,• �
130 STATE CAPITOL
. •.
SAINT PAUL 55155 i
_'
ARNE H. CARLSON
GOVERNOR
TO: AFFECTED STATE LEGISLATORS, CLERKS, CITY AND COUNTY
ADMINISTRATORS
FR: JOESEPH R. KINGMAN III, DIRECTOR OF APPOINTMENTS AND
CONSTITUENT SERVICES
DATE: OCTOBER 27, 1992
SUBJECT: NOTICE OF MEETING DATE FOR METROPOLITAN COUNCIL
DISTRICT #9 VACANCY
In January 1993, the Metropolitan Council District #9 seat will become vacant due to
the expiration of the current term. District 9 includes the Anoka County cities of St.
Francis, Bethel, East Bethel, Ramsey, Andover, Ham Lake and Anoka; and the
Hennepin County cities of Dayton, Champlin, Maple Grove, Plymouth and Medicene
Lake. The Metropolitan Council Nominating Committee must now conduct a public
hearing to consider candidates for the seat.
Governor Carlson has designated the following persons to serve on the nominating
committee:
Maureen Shaver (Ex -officio Chair), Wayzata
Karen Anderson (Elected official), Minnetonka
Carl Cummins III (Elected official), Mendota Heights
Sally Evert (Elected official), Stillwater
Rich Hadley, Oakdale
Martha Head, Minneapolis
Martin Kellogg, Saint Paul
Ray Pleasant, Bloomington
The nominating committee will hold the hearing for this vacancy on Thursday, December
10 at 6:30 p.m. in the Roseville City Hall Chambers, 2660 Civic Center Drive.
Persons interested in the seat are requested to appear at the hearing. Each candidate
will be allotted no longer than 5 minutes to make a presentation before the nominating
committee, followed by no longer than a 10 minute question and answer period.
If you have any questions or need an application, please feel free to call Cheryl Talberg
at 296-0077 or John Hultquist at 296-0013.
AN EQUAL OPPORTUNITY EMPLOYER Nov — 6 ,92
4^i4 PRINTED ON RECYCLED PAPER UU��
S-AGW,75
M• to
CITY COUNCIL - NOV 9 - 22
November 1992
November 9
November 16
5:30pm BUDGET STUDY SESSION III
' 6:3 m PLYMOUTH FORUM
M
T
7;:0 m CQUNCIL: MEM`, G
T
November 10
-:_>TESt3A _ =
November 17
3:00pm **Elm Creek Watershed Comm. - City
Center� m:B.UDGET.U]py..SESSIGN.,,V..-
7:00pm WATER QUALITY COMMITTEE
6:30pm HRA
4
November 11
JWEDNESDAYI
November 18
Veterans Day - City Center Offices Closed
6:45pm PLANNING FORUM
5
6
7:00pm PLANNING COMMISSION
8
November 12
- HURSDAY
November 19
12:00pm **Shingle Creek Watershed Comm.
9:00am LMC - Policy Adoption Conference
7:00pm PRAC
15
16
November 13
. -- � FRtDAY
November 20
November 14
SATURDAYJ
November 21
November 15
1 SUNDAY ANovember
22
*REVISED MEETING **NEW MEETING
November
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*REVISED MEETING **NEW MEETING
cim 0 "6'92
11/6/1992
December
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CITY COUNCIL - NOV 23 - DEC 6
November -December 1992
November 23
`` November 30
F5773opm CouNa ,: STGDY sEssiw ::: 7.::�.::..:: ..
7:00pm COUNCIL BUDGET HEARING
November 24
December 1
7:00pm WATER QUALITY COMMITTEE
November 25
WEDNESDAY
December 2
November 26
Thanksgiving - Offices Closed
1,THURSDAYJ
December 3
November 27
Thanksgiving Holiday - Offices Closed
-.. FRIDAY . %
December 4
November 28
1 SATURDAY
J
December 5
November 29
SUNDAY,
j
December 6
November 1992
M T W T F S S
1
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*REVISED MEETING **NEW MEETING
December 1992
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um NOV -6'92
11/6/1992
CITY COUNCIL -DEC 7 - 20
December 1992
December 7
M40
2
December 14
5:30pm JOINT COUNCIIJISD 284 MEETING
j7;00prnCOUNCIL MEETING '
6
December 8
7:00pm BOARD OF ZONING
6:30pm HRA
December 15
December 9 WEDNESDAY]
7:30arn FINANCIAL ADVISORY COMMITTEE
7:00pm PLANNING COMMISSION
I
December 16
December 10 1 ,THURSDAY
6:30pm Metro Council Public Hrg. Dist. 9 Vacancy
7:00pm PRAC
7:00pm COUNCIL BUDGET HEARING
78910111213
December 17
December 11
FRIDAY
1
December 18
December 12
SATURDAY I
December 19'
December 13
Hanukah
December 20
— LiecemDer 1 vuz
M T W T F S S
—January 1993—
M T W T F S S
*REVISED MEETING **NEW MEETING
CIM %CY -6'92
11/6/1992
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CIM %CY -6'92
11/6/1992
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NOV '6'92
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 6, 1992
TO: Frank Boyles, Acting City Manager
FROM: Laurie Rauenhorst Clerk
SUBJECT: GENERAL ELECTION REPORT
Attached is the summary statement from the November 3, 1992, General Election. There
were 32,053 votes cast for an 82 percent average turnout. Election judges processed 5,454
new registrations on election day. For comparison, 2,779 new registrations were processed in
the 1990 General Election. Plymouth now has 39,132 registered voters; however, this number
will be reduced by year-end when we do the annual purge.
The revised procedures, authorized by the state legislature and enacted by Hennepin County,
that allowed any person to vote by absentee ballot without qualification posed quite a challenge
in this election. A total of 2,780 absentee ballot applications were processed for Plymouth
voters. Of this total, 1,304 were processed through the mail by the City, 687 were voted in.
person at the service counter, and 789 were processed by Hennepin County. In order to serve
these voters, election judges were brought in to assist during the three weeks preceding the
election. An estimate of our most significant costs due to the revised absentee procedures is
$3,689 (temporary salaries - $2,258; ballot postage - $1,431).
Our full-time staff worked several hundred overtime hours in the three weeks preceding the
election; all of which will be taken as compensatory time rather than overtime by those who
are overtime eligible.
Our election equipment worked well on election day. Judy, you, or I were able to repair all
problems that occurred with the equipment on election day: stuck ballots, blown fuses,
machine replacements.
City staff received very few complaints about the election; in fact, this was the fewest
complaints we have received from any election. This is quite surprising given the large
turnout, the absentee voting changes, and the change in polling locations and voter districts
am NOV -6'92
due to redistricting. Staff members handled hundreds of "Where do I vote?" calls on election
day.
Two complaints were prevalent in the polls and in calls to the City Center:
1) The proof of residence requirements for registering on election day.
Election judges from every precinct indicated in their incident logs that many
voters were irate because they had inappropriate identification to register. The
voters insisted that they be allowed to use a utility billing, envelope, tax
statement, or birth certificate with their name on it because "they had called the
League of Women Voters election number and had been told they could use it."
Following the election, the League office indicated voters were not informed of
this, but we dealt with quite a few voters from every precinct who insisted the
League office specifically told them they could use a utility bill or any other
I.D. that had their name on it.
2) The absence of information about the Charter in the polling place, and
the refusal of election judges to explain the Charter.
At my request prior to the election, the City Attorney provided an opinion that
no information about the Charter, including a copy of the Charter, should
appear in the polling places (attached). Voters were very upset with election
judges in the precincts and with city staff.
We received a quantity of ballots from Hennepin County equal to 100 percent of our registered
voters in each precinct. As indicated in the last two pages of the summary statement the
number of ballots cast exceeded our voter preregistration in several precincts. We ran out of
ballots in two precincts and voters after about 7:30 p.m. in those two precincts voted on
photocopied ballots. These were hand -counted and the totals added to the optical scan totals
after the polls closed. The results for all precincts were final by 12:00 midnight.
Staff members from every department assisted with the election, most of whom are noted in
the recent ROCK. Every department head was extremely supportive by providing staff, voting
space, and services for the election. All employees adjusted their meeting room use and
parking to accommodate the election. Those employees directly involved in answering
phones, setting up polls, delivering supplies, etc., did an enthusiastic job; and several
employees who were not even involved with the election offered their volunteer assistance
after hours.
CIM Ngq -6,91
I I
1
I
TO:
FROM:
DATE:
i
RE:
617 -139 S897
BF ST< F I- A N A G A N
BEST & FLANAGAN
Attorneys at Law
3500 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2113
(612) 339-7121
Y :AL V 1 AM lY
Laura Rauenhorst
Paul E. Kaminski
October 29, 1992
Election Issue
P. Of.'ir
You asked whether the City could put copies of the proposed
City Charter at the polling places. Minnesota Statute Section
2118.11 states:
A person may not broadcast, circulate, or distribute
campaign material, or cause campaign material to be
broadcast, circulated, or distributed on the day of a
primary or election.
This is the only section which mcg apply to the situation you
described. Normally, a proposed City Charter would not be
considered "campaign material." However, since the issue being
voted on is the adoption of the City Charter, a person might
claim that it is "campaign material." There is also some
question as to whether simply having the Charter available at a
polling place amounts to "circulating" or "distributing." Again,
some person might try to argue that in fact the placement of the
Charter in the polling place is prohibited activity.
We are of the opinion that the City should avoid even the
appearance of impropriety in election activity. As such, we
would recommend that you not place the material in a polling
place. I also spoke with the Hennepin County Election Department
who agreed with this position.
If you have any questions, please don't hesitate to contact
me on Monday, or Bob today.
cc: Mr. Robert L. Meller, Jr.
Mr. Frank Boyles, Acting City Manager
666�7K
cim NOV '6'92
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 4, 1992
TO: Bob Meller, City Attorney
FROM: Frank Boyles, Acting City Manager
SUBJECT: ORDINANCE WITH RESPECT TO TRAIN WHISTLES
At their November 2 meeting, the City Council directed that the City Attorney prepare
an ordinance which would ban train whistles in Plymouth under certain circumstances.
Shown below are my notes regarding the Council's direction:
1. The ordinance should ban train whistles between the hours of 10 p.m. and 7 a.m.
daily.
2. The ban should be effective from Highway 169 to I-494.
3. The ban is waived if there is a clear and present danger or hazard on the tracks.
4. Satisfactory warnings (signs, lights, or drop arms) would be installed at each
railroad/street intersection.
The Council also talked about the ordinance's effective date being concurrent with the
installation of drop -arms at Pineview. I am afraid that if we include this provision in
the ordinance, Soo Line will have all the reason they need to back pedal on our request
for drop arm installation, even if we agreed to pay the entire cost. Feel free to call me
at 550-5013 if you have any additional questions.
FB:keb
cc: Mayor & City Council V'-
=,_ a-1
cim Nov —6'92
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: November 5, 1992
TO: Frank Boyles, Acting City Manager
M: Daniel L. FaulkneCit
FROM: " .r, y Engineer
SUBJECT: S00 LINE RAILROAD CROSSING AT PINEVIEW LANE
CITY PROJECT NO. 935
Per your request concerning the possibility of the City paying for the
installation of cross arms at the Pineview Lane crossing, I talked with
Tim Spencer, MnDOT Rail Division, and Leif Thorson, the Public Contacts
Engineer with Soo Line Railroad. According to Mr. Spencer, the City would
deal directly with the Railroad, but MnDOT would need to approve the
revised signal plans as prepared by the Soo Line per the City's request.
He mentioned that he was not aware of any similar cases where a city paid
the full cost of a signal improvement, but indicated this action would be
acceptable.
Mr. Spencer, who is aware of the City's desire to prohibit whistle
blowing, questioned whether or not the railroad would limit the whistle
blowing to just a portion of the City. In my subsequent conversation with
Leif Thorson, he indicated a partial or complete whistle ban would make no
difference.
In further conversation with Mr. Thorson, who is also aware of the City's
desire to limit whistle blowing, he indicated that a city railroad
agreement for the installation of gates at Pineview Lane could be
accomplished. He did indicate that the cost may be significantly more for
a retrofitted situation in comparison to having the gates added with the
original improvement of flashing signals.. He also indicated that this
request would not be a "rush" job for the railroad since the flashing
signal improvement at Pineview Lane was the acceptable type of safety
improvement per MnDOT. Adding gates to the Pineview Lane crossing is not
required to improve safety, and preparing plans for this type of
improvement would not take priority over other crossings which require
safety improvements according to MnDOT. He also indicated that. the
Federal Railroad Administration (FRA) is undertaking a study to determine
the affects of whistle blowing bans in the State of Florida. In the
recent past, Florida issued a state wide whistle ban on a particular
railroad company and crossing accidents increased. Subsequently, the
Federal Railroad Administration issued a requirement upon the State of
Florida that the whistles needed to be blown as originally required. Mr.
Thorson mentioned the possibility that upon completion of FBA's study in
Florida that new requirements may be issued by the FRA regarding whistle
blowing bans. That is, the City could pay to have gates installed at
Pineview Lane, ban whistle blowing at the gated crossings in the city, and
M —4da-
SUBJECT: SOO LINE RAILROAD CROSSING'AT PINEVIEW LANE
November 5, 1992
Page Two ,
subsequently have the FRA require the railroad to blow their whistles
regardless of City ordinance prohibiting that action. It is my opinion
that while this may be a possibility, I feel that this type of FRA blanket
requirement would be rather remote.
In response to my question of Mr. Thorson regarding the timing of plan
preparation and gate installation, helestimated approximately 12 months to
have the gates installed after the execution of a City Soo Line Railroad
Agreement.
Please let me know if you have any questions.
DLF:kh
cc: Fred G. Moore
CIM Ngll -6'92
-C --a
SYNOPSIS
Train whistles make.a difference in highway -rail crossing safety.
This report reviews and analyzes the Florida East Coast Railway
Company's (FEC) experience in the 65 months since the first
nighttime whistle ban ordinance went into effect along its
operating corridor in 1984. The whistle bans, imposed by
individual counties and cities, impact only those crossings ✓
equipped with gates, flashing lights, bells and special advance
warning signs and are effective only between the hours of 10 P.M.
and 6 A.M. The advance warning signs read: "NO, TRAIN HORN,
1OPM 6AM." (See Figure 1.)
Since the whistle bans have been imposed, the FEC's nighttime
accident experience at 511 impacted crossings has tripled. At 89
similar crossings where the bans have not been imposed, nighttime
accident experience in the last five years has increased
23 percent. The combined daytime and nighttime accident
experience at FEC's impacted crossings has increased 75 percent,
while going down 17 percent at the non -impacted crossings.
CSX Transportation is not required
ordinances. At similarly equipped
counties in which both CSX and FEC
accidents has declined 36 percent.
groups" shared, or offered any
explanation for, the compounding
of FEC's nighttime accidents at
whistle ban impacted crossings.
BACKGROUND
Project Whistle Stop, Florida,
U.S.A., Inc., a Florida special
interest group, lobbied long,
hard and successfully to
establish legislative bans on
the use of railroad whistles on
the FEC corridor through
North Miami Beach, Dade County, Figure 1
Florida. Having failed to
convince Federal agencies and Florida's Federal legislators of
the efficacy of a national ban, they turned to the Florida State
Legislature in Tallahassee. There they realized permissive
legislation which allows local jurisdictions, cities and/or
counties, effective July 1, 1984, to legally establish nighttime
(10 P.M. to 6 A.M.) whistle bans at crossings equipped with -••
gates,'flashing lights, --bells and -special advance.warning:signs,.
on railroads which.operate totally.within the State•of-Florida;-;_-' -
i.e., the FEC. (Florida statutes applicable to Railroads. -and - -
Other Utilities, Section 351.03, see Appendix A.) -
to comply with the whistle ban
CSX crossings in the six
operate, the number of
Neither of these "control
1
Nov -61K
In anticipation, on June 5, 1984, the Dade County Board of County
Commissioners passed an ordinance which today impacts 107
crossings. This ordinance met State requirements, i.e., .only
10 P.M. to 6 A.M., only at crossings equipped with gates,.
flashing lights, bells and special iigns,-only on railroads
operating within the State of Florida; and•was effective July 1,
1984. (Section 21-27.3 of the Code'of Metropolitan Dade County,
see Appendix B.) After legal challenges were exhausted, FEC
compliance in Dade County began July 29, 1984.
j
Florida
*T,Ilalassee� cksolville
• St. Augustine
Holly Hill
New yria Beac Edgewater
I Titusville
Florida East Coast RailwayCom an FEC
Fort Pierce
st Pale Bench Lantana
For Lasderdale Hallandale
Nora amt Beach
Miami
- I
Figure 2
Other jurisdictions quickly followed. Seven counties and a dozen
additional;' -cities have established bans, though some cities
within these counties have chosen not .to be included. Of -the
FEC's 600 public at -grade highway -rail crossings equipped with
gates, bans were in effect for all but 89 by•December 31, 1989.
i
An additional five crossings(out of the 89) in Edgewater,
Florida are covered by a. ban which became effective January. 24,
1990, and,'on June 4, 1990, the.City of.Jacksonville filed ...suit
against the FEC seeking FEC.compliance with:-a.city.ordinance.even
though signs have not been erected at all•gate-equipped crossings '
.over which . the FEC operates..:-..
cim NOV —6'92
Since the bans
started taking
effect in the FEC
corridor, over
23,400 crossing -
months of
experience have
been accumulated.
Florida's east
coast is the only
locale in the
nation where a ban
on railroad
whistles has
recently become
widespread. In
other counties,
cities and towns
around the nation
FEC Ordinance Impacted Crossings
coo
!00 �_..
100 .........
300 ..— _._.....�_...__..__
200............... _.------------- _- _
,00.................... _......
___
0
13 I
Gomulotive Total
Figure 3
A
bans have occasionally been passed and occasionally been
repealed. Generally, safety concerns prevail. No one has kept
track of these ordinances.
During House Appropriations Hearings, on March 21, 1990,
Rep. William Lehman (Florida's 17th District) asked if there was
"any correlation between those areas that have regulations about
whistle blowing after dark and the number of freight (train]
crossing accidents? Is there a problem there that we should know
about? .... If you have any data on that, how it has changed the
hazards at the crossings, ... just give me some documentation on
that." This report responds to Mr. Lehman's request.
PROCEDURE
Approach:
The concept of this analysis is straightforward: compare the
number of accidents reported prior to the ban's implementation to
the number after implementation. The challenge is to avoid . -
"apples to oranges" comparisons by ensuring that before and after
data sets are equal.. This is accomplished by accepting "before"
data only when matched by "after" data, and by having control
groups, or control periods, which are not impacted by the change.
Given well chosen control group(s), an analysis can identify the
presence of outside influences which may by chance have impacted
the subject group either before or.after the studied event.: --In.".
Appendix C to this report,'analytic procedures which use,more - -
extensive accident histories and which "normalize"-
the--.accident...!-data are also documented.. -;The findings are almost identical::.,;;.;:.
3 1
�� NOU
A6'92
IF
Data, Crossings:
The U.S. DOT/AAR National Rail -Highway Crossing Inventory2 was
used to develop a preliminary list'of all at -grade FEC highway -
rail crossings. A detailed comparison was made to FEC records.
After private and pedestrian crossings; closed and abandoned-.-
crossings,
bandoned- -crossings, and those public crossings without gates and flashing
lights were dropped from consideration, and missing crossings
were added, 600 resulted. These public at -grade crossings,*all
equipped with automatic gates, flashing lights, and bells,
comprise the subject data set. These crossings range from Duval
County (Jacksonville) in the north to Dade County (Miami) -in the'
south, and all nine intervening east coast counties.
A similar list was produced of all CSX Transportation Company
public at -grade highway -rail crossings which are equipped with
automatic warning devices in the six Florida•counties in which
both CSX and FEC operate (Broward, Dade, Duval, Martin,
Palm Beach and Volusia). This list contained 224 comparable
crossings.
Data, Accidents:
From FBA's computer-based file of highway -rail crossing accident
reports,3 two lists were produced on May 23, 1990. These lists
contain 785 crossing accidents reported'to the FRA by the FEC
2The FRA is custodian of this computer-based file of all
highway -rail crossings in the United States. This data base,
initiated by states, railroads and�the US•DOT circa 1973-75, is
kept current by states and railroads who voluntarily provide change
information to the FRA. (In the year ended March 31, 1990, the FRA
processed more than 90,000 Inventory updates.) Each crossing in
the country is assigned a unique number which facilitates precise
identification. Among other uses, this number is included in all
crossing accident reports.
3Pursuant to the Federal Railroad Safety Act of '1970•(P.L.
91-458) and the Accident Reports Act (45 U.S.C. 38-34) railroads
are required to file accident/incident reports with'the FRA. Any
impact which occurs between railroad on -track equipment -and an
automobile, bus, truck, .motorcycle, -bicycle, farm vehicle,
pedestrian or other -highway user at';a highway -rail crossing must
be reported to: the FRA on a"'Rail-' Crossing
Accident/ Incident " Report" -`=
=•form,'"-Fdty � FRA F'-*"- 6180=57:
Appendix D. -?=The FRA••has retained -a computer-based file of these
reports since 1975.
um NOV -6'92
from 1975 through 19894 inclusive. This constitutes 15 years, or
180 months, of data. One of the two lists contains reports for
accidents which occurred between 10 P.M. andA.M. (the subject
group), and the other contains reports for those between
6:01 A.M. and'9:59 P.M. (a control group).:'A•detailed review of
these lists was made to -purge those reports with missing or
garbled crossing numbers (20) and those (84)`•which-reported-
accidents at crossings not in the 600 crossing subject data -.set,
e.g., at private or pedestrian crossings or crossings which have
subsequently been closed, are on now abandoned track or have been
grade separated and those without gates. A total of 681 accident
reports remained, a subject group of 254 in the 10 P.M. to 6 A.M.
time frame (out of 264), and a control group of 427 between
6:01 A.M. and 9:59 P.M. (out of 521).
Similar lists were produced from CSX Transportation Company.
highway -rail crossing accident reports stemming from the six
counties in which both railroads operate. After purging these
lists as described for.*the FEC lists, 324 accident reports
remained for consideration, 234 between 6:01 A.M. and 9:59 P.N.
and 90 between 10 P.M. and 6 A.M.
Data, Ordinances:
The FEC was contacted for information on when ordinances became
effective and on precisely which crossings. A list of whistle
blowing bans by jurisdictions (cities, towns and counties), with
milepost boundaries (with first and last street names), in
chronological order, was provided on April 25, 1990. A copy is
attached as Appendix E. From this and the crossing list, a
combined database, showing crossing number ranges, numbers of
crossings and dates ordinances became effective, was created in a
Lotus 1-2-3 file format. Also included was the number of months
between the ordinance effective date and December 31, 1989.
For example, in Dade County, the ordinance was effective on
July 29, 1984. Between August 1984 and December 1989, 65 months
elapsed. July is not counted. In those two instances when an
ordinance became effective on the first day of the month (i.e.,
July 1, 1985 in the City.of Hallandale, and August 1, 1988 in St.
Lucie County), the month is counted. By multiplying the number
of crossings affected by each ordinance times the number of
effective months, and then totaling the results for all the
crossings, a sum of 23,474 crossing -months of post -effective date
experience was realized.
4Technically, when these lists were produced, 1989 data were
still considered to be preliminary, i.e., Subject to change as late
data and corrections were applied to the file.- Only minor
adjustments and reconciliations were still anticipated.. The FEC.:.-
portion
EC-portion of the file was not expected to change. _
5 �
clwo-692
Analysis:
This procedure supports a direct,,c
post -effective date accident exper
pre -effective date experience cons
limited to•the amount of available
experience.
rison between pre- and
e because the amount of
ed• for .each crossing is.-
t -effective date
For example: The ordinance which was effective November 4, 1989
(Holly Hill) provided only one month of post -effective date
experience (December 1989). As such, only one month (October
1989) of pre -effective date experience was included, i.e.,
October's accident experience was compared to December's;
similarly, for the ordinances which became effective January 7,
1985 (Lantana and New Smyrna Beach),' there exist 59 months of
post -effective date experience (February 1985 through December
1989). This was compared to the 59 months of pre -effective date
experience between February 1980 and December 1984. Since the
pre- and post -effective date experiences in this comparison are
of identical duration, no normalizing of the accident counts is
necessary. I
The comparisons began by manually noting the ordinance effective
dates for each accident report on the two accident report
listings. Then each accident report'was categorized as to
whether it occurred before or after the ordinance effective date,
and, if it was a pre -effective date accident, whether it occurred
within the accident experience window which was of equal duration
to the available post -effective dateiexperience for the crossing
under consideration. Table 1 resulted:
Table 11
Impacted Crossings, Nighttime Experience
Crossing -Months Experience: 23,474
. I
Accident Experience, 10 P.M. -- 6 A.M.
Pre -Ordinance. 39
Post -Ordinance: 115
The implications of this data are startling! The increase in
nighttime accidents in the post -ordinance period is 195 percent.
The accident rate tripled.•
6
co, 01 '6992
S-�
Control Groups:
Daytime --
The first and simplest control group is,the daytime pre- and
post -ordinance accident rates for the. sam*e.crossings. The
whistle ban is not effective during the day. .-Obviously,. since
the identical crossings are involved, warning devices, history
duration, etc., are identical. The daytime period is 16 hours
long, compared to the nighttime period of eight hours, and rail
and highway traffic patterns are different at night. But the
concern of this analysis is not whether daytime accident rates
are comparable to nighttime rates, but whether the rates changed
when the ordinances became effective. In theory, they should not
(the whistle ban does not apply during the day), and if the rates
did not, this analysis is a step closer*to being able to conclude
that the change in nighttime accident rates which occurred
subsequent to ordinance application must be due to the lack of
whistle blowing.
Table 2
Impacted Crossings, Daytime ExRerience
Crossing -Months Experience: 23,474
Accident Experience, 6:01 A.M. -- 9:59 P.M.
Pre -Ordinance: 108
Post -Ordinance: 109
Virtually no change (less than one percent) in the accident rates
occurred during the daytime periods when whistle blowing remains
permissible.
No Ordinance --
The next control group to consider is one which is also imbedded
in the data already analyzed, the 89 crossings where no ordinance
is yet effective '(as of December 31, 1989). Since no ordinance
is in place, a before -and -after comparison'is not the reason for
further analysis, but rather to establish accident rates,
unaffected by an ordinance, for crossings which are experiencing
traffic patterns identical to the rest of the FEC crossings.
These 89 crossings are disbursed throughout the FEC corridor (81
percent (72) are mainline, versus 80 percent of the impacted
crossings which are mainline.) in seven of the eleven counties in
which the FEC operates, some in Duval County in the north to --
Broward County (Fort Lauderdale), the county just north of Dade
County, in the south.
7
M
Fifteen years of accident history (180 months) multiplied times
89 crossings realizes a total of 16,020 crossing -months of -
history. The first ten years (120 months) is used as a base and
is compared to the last five years (60 months). (The first -
ordinance became effective 65 months prior.to-December 1989 --
see Figure 3.) In the last five jrears,.5,340-crossing-months of
history are available. Table 3 applies:
Table 3
No -Ordinance (FEC) Crossings
Crossing -Months Experience
10YR I SYR
HIST I HIST
10,680 I, 5,340
Accident Experience, 6:01 A.M. -- 9:59 P.M.
40 14
Normalized, Accidents per Month
.00375 1.00262
Accident Experience, i0 P.M. -- 6 A.M.
13 1 8
Normalized, Accidents per Month
.00122 11.0015
The daytime accident rate is 30 percent lower in the last five
years compared to the previous ten years, while the nighttime
rate is higher by 23 percent in the,last five years. (This may
reflect a change -in rail or highway operations. For.example,
average annual locomotive miles reported by the FEC for the same
periods increased 22.3 percent.) Significantly, the magnitude of
these rates are identical to the pre -ordinance rates for the,
impacted crossings (daytime, .0046; nighttime, .00166). This
further contributes to a conclusion that the tripling (to .0049)
of the post -ordinance nighttime accident rate at the impacted
crossings is attributable to compliance with the ordinance.
8
c0M: 0 ,
CSX Transportation --
The same inventory and the same fifteen years of accident data
are available for the 224 similarly equipped CSX crossings in the
six counties in which both railroads operate. The crossing and
accident data for these crossings produces Table 4.
Table 4
CSX Transportation (No Ordinance) Crossings
Crossing -Months Experience
10YR 5YR
HIST HIST
26,880 13,440 '
Accident Experience, 6:01 A.M. -- 9:59 P.M.
196 38
Normalized, Accidents per Month
.00729 .00283
Accident Experience, 10 P.M. -- 6 A.M.
49 41
Normalized, Accidents per Month
.00182 .00305
The CSX experience is similar to the FEC's No -Ordinance
Crossings. Daytime accident rates are comparable, almost
identical, over the last five years. Each has shown a decrease
(30 percent on FEC; 61 percent on CSX) in the last five years
when compared to the previous ten years.
The nighttime accident rates increased on both railroads, 67
percent at CSX's gate equipped crossings, and 23 percent on the
FEC's no -ordinance crossings.
Overall, combined day and night, CSX has experienced a 36 percent
decline from .00911 accidents per crossing -month at gate equipped
crossings to .00588. FEC's no -ordinance crossings have also
improved (declined) 17 percent from :00496 in the first ten years
to .00412 in the last five years. Concurrently, the combined
accident rate at FEC's impacted crossings has increased 75
percent since the bans have gone into effect.
0
As a control group, the CSX crossings provide no indication that
some extraneous factor has, or may have, or is influencing FEC's
ordinance -impacted crossings which has not also impacted other
crossings in similar locales.
CONCLUSION
The only identifiable difference between the crossings in the
subject data set (the ordinance impacted crossings) and the
control groups remains the ordinances. FEC compliance with the
ordinances, the failure to use train whistles, remains the only
explanation for the abrupt (200 percent) increase in the
nighttime accident rate at the impacted crossings.
IMPACT
Since the ordinances have become effective through December 31,
1989, 115.accidents have been reported to the FRA which occurred
200
150
100
50
FEC Cross,ngiAccidents
Impacted Crossings (10PM-6AM)
-1�sma2�snta��al��era��ma�sela�sa��ata��e�atz
04 i
■ Accident Accum I -- Pre -Ordinance Trend
Post -Ordinance Trend :•
First Ordinance: July'19134 _
I
igure 4
Coo NODI -6'v
I.
_r - ;k
at impacted crossings during the time•when*the' ban was in effect
(10 P.M. to 6 A.M.). In the pre -ban experience for the same
crossings, in the same periods of time, 39'accidents were
reported. However, an increase in the number of accidents among
the control groups when considering more recent experience
(post -ban or the last five years (60 months)) of about 25 percent
was noted. Assuming that 39 accidents would also have occurred
in the post -ban periods (if the bans had not been established),
plus ten additional accidents to allow for the possible 25
percent increase, a total of 49 post -ban accidents would have,
been expected. Instead, 115 occurred, which leaves 66
unexplained. In the 115 post -ban accidents, 19 individuals -died
and 59 were injured. Of these, it can be statistically claimed
that at least 11 of the fatalities and 34 of the injuries are
attributable to the 66 unexplained accidents. The gap, depicted
in Figure 4, continues to widen.
11
CIM %DJ -6'*
FuILROADS AND OTHER UTILITIES
3=19K, sopP. are to bo septated on October 1,
18€1, asto be reviewed by the keislaWre Pur-
swt to s. 11.61,. the Regulatory Sunset Act
1351.03
351.vA to 91i1.006. Repealed by Laws 1981, a 61416, 12, eff, Oct. 1, 1932 (Bee
11.61); Laws 1982, C. 6240, f 12, eff. Oct 1, 1982
Historical Note oeipts, were added by Lws IM, a tli0-219, I L
ne repe&W aectlons, which pertained to Prior toeepo&I, f S61.o05 was amended by Lws
W.es, d1watinuaaw of service, and freight re- 1981, a. 61-269, f 212
351.009, Fees
Every raiiraad company shah• pay to the eommDraion fees to be set by rule of the
commission. The feed shall be deposited in the Florida Public Service Regulatory Trust
Fund and, to the extent practicable, shall be generally related to the cost of regulation,
with the following limitations: . I
(1) The fee in any proceeding in which a rate increase Is sought shall not exceed $1,000.
(2) The fee for any other application shall not exceed $250.
(8) .N,0Mjthjtsftdjng any provision of the law to the'eontrary, an annual fee absll not
exceed 25 percent of the intrastate jurisdictional gross operating revenues.
T:*se rail -cads shall maintain adequate records to assure compliance with this section..
Adde'3 by Lawc.1980, a a4-289, 11, off. July 1. IM. Amended by Laws 1982, a
Ap.-U 5, ZS8.2; itws 1983, e. W218, ¢ 24, eff. Aug. 12, 1083.
Re9ea1
Sea fhu Wieised note under ¢ SS1.00,1.
Historical Note reviewed by the legislature pursuant to e. 11.61,
o. 82r90,1 8, subetantlally rewrou the Regulatory Sunset Act
t'us sc�don ' I:awe 1983, e. 88-218,.was a reviser's corro-
S :ton 11 of Laws 1082, c. 82.90, Provides tion bill. Sea Reviser's Notes -1988.
that rror3'oas of that law uasadfug this secuon Reviser's Not+ -is".
Lre w: b--rea':ed ?eon October 1. IOU, and to be Amended to facilitate correct interpretation.
351.01. Repealed by Laws 1981. c. 81-318, 1 2, eff. Oct. 1, 1982 (Bee 11.61); Laws
19112, a 8240, 112, eff. Oat. 1, 1982-
351.0:. Repealed by Laws 1979, e. 79-25, 11, eff. May 4, 1979
Micarieal Note .
PZJ,or to repeal# this senium wax aruanded by
ia:.; 1471. e, 71186, j 261. '
351.03. RaiGoad•hijhway t'rsde-crossing warning signs and altrAls; audible warn.
LNI; exercise of reasonable cue; blocking highways, roads, and'streets
during darkness .
(1) Every ritllroad company shalt exercise reasonable cue for the safety of motorists
whenever its track crosses a highway and shall be responsible for erecting and maintala-
i^g tjvbuck grade -crossing warning signs in accordance with the uniform system of
tmi... control devices adopted pursuant to a. 816.0745. Such crossbuck signs shall be
erected and maintained at all public or private railroad -highway grsde crossings. .
(2) Uvance. railroad warning signs and pavement' markings shall be installed and
r:.aiats.ined at public railroad highway grade crossings in accordance with the udfarm
agstern of tra3fic control devieaa by the governmental entity having jurisdiction over or
vmintenw.cs responsibility for the highway or street All persona approaching a railroad;
26 I :.
Appendix A71
C1W 0 -6
Z z
Agenda Item No. 4(a)
6-S-84
ORDINANCE NO.
ORDINANCE AMENDING SECTION 21=27.3 AND.REPEALING
SECTION 21-27.4 OF THE CODE OF'METROPOLITAN . •
DADE COUNTY, FLORIDA, RELATING TO PROHIBITION
OF RAILROAD TRAIN WHISTLE AND HORN NOISE - •
POLLUTION; PROVIDING FOR COUNTY -WIDE UNIFORM
PROHIBITION FOR PUBLIC AT -GRADE CROSSINGS
HAVING TRAIN -ACTIVATED TRAFFIC CONTROL DEVICES;
PROVIDING SEVERABILITY, INCLUSION IN THE
CODE, AND AN EFFECTIVE DATE
EE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF DADE
COUNTY, FLORIDA:
Section. 1. Section 21-27.3 of the Code of Metropolitan
Dade County, Florida, is hereby amended as follows:
Sec. 21-27.3. Railroad train whistle -and
horn noise pollution prohibited -- Generally.
(a) Definitiions.
+13 "Deni + a d t agra-le srpesslaql
11 -. -A +Ae oressifto .LS..L
{24 1 "Person" means any individual, corporation,
partnership, other legal entity, or any'
agent or employee thereof.
E3� ."Sp eifi-ei�zi-t-- --- -�- �'
from a de
within
ection
ted
ua se 2144 a
E4j "Speeified heu�-"Zear� �e t .L t
the - ..L:L:a:- wt 4L.'-- ion L
pil
apply -to I ICA 0
of essi n 7 re abate
L} ' 1 d- ♦ ty1
MQ
y 'cssti.i's.
- q�A-rte .. C — w�.. -- L_ • -
--------------------------------
1/ words stricken through'shall be deleted.' Underscored words
constitute the -amendment proposed. Remaining provisions are
now in effect and remain unchanged.
Appendix B-1
Agenda Item No. 4(a)
Page No. 2
(b) Applicability: The provisions of
t:iis section shall be applicable only to
public railroad train crossings at grade
u-ithin the incorporated•.oriuniacorporated
areas of Dade County which are equipped with
train -activated automatic traffic control
devices which shall Uclude opera at i ng
re-n-,flashing-jigEt s gn s, • •and automatic
crossing gates on both sides of the railroad
train track.
(c) Prohibited acts.I -Notwithstanding
anything in this Code to the contrary, it
shall be unlawful and a public nuisance for
any person operating a railroad train pf a
railroad com an o eratin ,wholly within This
state to blow or act3.v&te,,or pern1v o be
Slo—wn or activated, any horn or -whistle from
the railroad train ducks spesafsed house
when the railroad grain Za within a spesilked
distaaee from a designated railroad grads
eressing between 10 p•m. and 6 a.m. at and in
advance o awn� public at=cJrade crossinww are
the munici ty, county,. or state has erected
as� at a crossingevolve=announc n—
that raITr-S- train horns and whist es w 1
not be s—oun ed -&oris the 'Eforesaa ours.
Edi
i
F};
a•.
b.-209--otmen% as MA
I
e*
d:
e:
d+
•Coa+Pawy j
9T .
k*
i*
�*
SFke
Aleffeeft Of W.-
- --staff-aup crt-taz+tfiQ-;oosxsit-ft" -shall. k-
air
te the
provided Eer-in ambeee:bjeng; • •3�er-:�—
er-ire--l.- 7 and -se somwe ea ear
the meeti
a
Appendix B-2
Z�
E:►�designedealage totesti gatethe Vsrr%--
dist&nep- SAW
{3�4fk malfiiaq
beapa r eedn+ -- «L--
-Iry— to oe:a I .
Qt
any u Mal
Gat" On
-fie v�e�r�s�7—e€ �e •,.. _� - -
• r L.. ++.
of
+L8
ion a this
Mica•- .
Gad
d -r' -L L L r and l i L_l : hseel
F^-4 seip
L
�I Ld I Ef3 Enforcement; costs and attorneys'
fees; injunctions; criminal penalty.
section 2. Section 21-27.4*of the Code of Metropolitan
Dade County, Florida, is hereby repealed in its entirety.
Appendix B-3
ciM NCN "6+ 9
' #genda Item No. 4(a)
?age No. 4
Section 3. if -any section,) subsection, sentence, eleubc*
or prevision of this ordinance is held invalid, the remainder of
this ordinance shall not be affectld thereby.
Sectio=4. - It is the imtention of the ioard of.County
commissioners, and it is hereby ordained that the provisions of
this ordinance shall become and be made a yart of the Code of
Metropolitan Dade County, Florida; and that the sections of this
ordinance may be renumbered -or relettered to accomplish such
intention, and the word *ordinance" nay be changed to •sectionu,
°article or other appropriate word.
Section S. The provisions of this ordinance shall become
effective on'July 1, 1984.
PASSED AND ADOPTED:
Approved by County Attorney as
to form and legal sufficiency.�l:
Prepared by:
ciM o -6,92-
Appendix
6'92
Appendix B-4
_•
Appendix C
Normalizing History Data
An alternative approach to comparing before and after data, used
when before and after histories are not equal, is to "normalize"
the data, i.e., reduce it to a common unit of measure, e.g.,
accidents per month. The benefit in adding this "complication"
is that all history data can be used.
FRA's computer based file of highway -rail crossing accident
reports contains 785 accidents reported to the FRA by the FEC
from 1975 through 1989 inclusive. This constitutes 15 years, or
180 months, of data. In the Lotus 1-2-3 file referenced in the
body of this report, the number of months which elapsed between
January 1975 and the date an ordinance became effective was also
noted.
For example, in Dade County, the ordinance was effective on
July 29, 1984. Between January 1975 and June 1984, 114 months
elapsed, and between August 1984 and December 1989, 65 months
elapsed, for a total of 179 months. July is not counted. By
multiplying the number of crossings affected by each ordinance
times the number of before and after months, and then summing the
results for all the impacted crossings, totals of 68,024
crossing -months. of pre -effective date experience and•23,474
months of post -effective date experience were realized.
Analysis:
Two "normalizing" comparisons were made:
The first of these uses all 15 years of accident data (less the
month in which the ordinance became effective), broken down into
pre- and post -effective date categories. • Below, it is titled,
"MAX(imum) HIST (ory)."
The second comparison arbitrarily limits the amount of pre- or
post -effective date experience to 60 months (five years) on the
theory that accidents which occurred more than five years prior
to the effective date, or more than five years after the
effective date, were so chronologically remote from the effective
date that no warrants could be offered that other operational or
environmental changes would not have distorted accident rates.
It is titled, 1160MO(nth) HIST(ory)."
Each of these two comparison procedures
data be "normalized," i.e., expressed a
accidents per month) versus as a simple
of the dichotomy between the number of
available for before versus for after.
C-1
require that the accident
s, a rate (number of
absolute number because
crossing -months experience
c►M NN —612
0
4
Table C1 resulted:
�fet
Table Cl
Impacted Crossings, Nighttime MMerience
Crossing -Months Experience
MAX 60MO
HIST HIST
PRE- POST- PRE- POST_
68,024 23,474 30,660 22,800
Accident Experience, 10 P.M. -- 6 A.M.
118 115 47 109
Normalized, Accidents per Month
.00173 .0049 .00153 .00478
c'.
The increase in nighttime accidents in the post -ordinance period
is 182 or 212 percent, depending on which measure of history is
used. The accident rate is triple the accident rate prior to
ordinance implementation, thus confirming the finding noted in
the basic report using matched pre- and post -ordinance histories.
c-2
Control Groups:
Daytime --
r
Table C2
Impacted Crossings Daytime Experience
Crossing -Months Experience
MAX 60MO
HIST HIST,
PRE- POST- PRE-POST-
68,024
RE-OP ST -
68,024 23,474 30,660 22,800
Accident Experience, 6:01 A.M. -- 9:59 P.M.
264 109 114 105
Normalized, Accidents per Month
.00388 .00464 .00372 .00461
A review of Table C2 discloses that the accident rates increased
20 and 24 percent in the measures which consider maximum
available history and five -years of history. This may be due to
increases in traffic volumes. For example, FEC locomotive
mileage reports indicate an increase of 22.3 percent between the
earlier ten year average (75-84) and the most recent five year
average (85-89). The magnitude of the daytime accident rate
increases does not approach the magnitude of the pre- versus
post -ordinance change consistently reflected•in the nighttime
rates. As noted in the basic report, these increases are not
noted when the pre- and post -ordinance effective date histories
are kept constant.
Both of these normalizing techniques confirm the main findings in
the body of this report. There is an indication, apparent here
which is also apparent in the no -impact data that some offset,
i.e., some increase (say 20 to 24 percent), may have to be
considered when looking at the post -ordinance effective date
experience. The data indicates that the nighttime accident rates
may have increased at the impacted crossings as they did at the
non -impacted crossings (for reasons not apparent in this data),
but not nearly to the degree which actually has occurred at the
impacted crossings.
c-3 CIN► o 6 9
DEPARTMENT OF TRANSPORTATION
J FEDERAL RAILROAD ADMINISTRATION
RAIL -HIGHWAY GRADE CROSSING
ACCIDENT/INCIDENT REPORT
�s 'atm
FORM APPROVED
OMB NO. 04R4033
1. NAME OF REPORTING RAILROAD Amtrak
Autotrain
ACCIDENT/INCIDENT SITUATION
la. Alphiii Cade
to. Railroad Accidmt/inatlent No.
2. NAME OF OTHER RAILROAD INVOLVED IN TRAIN ACCI DE NT!INCIDENT
2s. AWbnic Code
. Rd& d AsidmUlnadrin No.
3. NAME OF RAILROAD RESPONSIBLE FOR TRACK MAINTENANCE (Imste vivyr
3a. Apha6ane Cade
3b. RaiYaad Aockome/litetdant No.
4. U.S. DOT•AAR GRADE CROSSING IDENTIFICATION NUMBER
5. DATE OF ACCIDENT/INCIDENT
nio`�
S. TIME OF ACCIDENTRNCIDENT
-a PIT,a
. 7. NEAREST RAIL
LOCATION
I11. HIGHWAY NAME OR NUMBER pfpmrtr.
(t.o
CODE
... .. ... ,r......t ......,..a ....,�
Est I
1. Neth 3. East
MPH Recorded 2. South 4. West
CROSSING WARNING
31. TYPE
1
ACCIDENT/INCIDENT SITUATION
Hwy.TrafficSiglals 9
HIGHWAY USER INVOLVED
32. SIGNALED CROSSING WARNING '
RAILROAD EQUIPMENT INVOLVED
Cantilever FLS 6
12 TYPE 3 TrucL'r�.1e•
f G:ctorcycle CODE
16 EOUIPMENT
3. Train (srandln;/ 6. Light locolsl (moving)
CODE
1. Auto 4. Bus
7. Ftoestrlan
1. Train (units pulling/ 4. Car(s) (moving) 7. Light loco(.► (standing/
2. Truck 5 Schoo! Bus
S. Other •spec�(rj
2. Train (units pushing) S. Cars) (standings S. Other(iWdfy)
3
Doz(esl/ I
13. SPEED lextinwirf mph ct Impact
to DIRECTION lsroyaphlcall
CODE
17. POSITION OF CAR!UNIT IN TRAIN
CODE
4
Wig Wags 8
1. North 3. East
Stop Sign 12
None
33. LOCATION OF WARNINGCODE
2. South 4. West
CODE
35, CROSSING ILLUMINATED BY STREET
CODE
2. Side of vehicle approach
35. POSITION
NECTED WITH HIGHWAY SIGNALS
CODE
CIRCUMSTANCE
CODE
1. Stalled on
2. Stopped on 3. Moving over
1118.
1.
Train struck 2. Train struck by
crossing
crossing crossing
highway user highway user
19.
CODE
Was the highway user and or rail r- .p- t involved in the impact transporting hazardous materials? 1. Highway user
2. Rail equipment 3. Both 4. Neither
I
ENVIRONMENT
20. TEMPERATURE •sp, v!:
21. VISIBILITY (nnglrrntn•I
CODE
WEATHER tunaleenny)
CODE
1. Dawn 3. Dusk
122.
1. Clear 3. Rain 5. Sleet
`F
2. Day 4. Dark
I
2. Cloudy 4. Fog 6. Snow
I
TRAIN AND TRACK
23. TYPE OF TRAIN
CODE
24. TRACK TYPE USED BY TRAIN INVOLVED
CODE
1 cre g^t
3 Mixed 5. Yard/Switching
1. Main 3. Siding
2. Passenger
4. Work 6. Light Locomotive(s)
2. Yard 4. Industry
25. TRACK NUMBER OR NAME
26. FRA TRACK CLASSIFICATION
27. NUMBER OF LOCOMOTIVE UNITS
... .. ... ,r......t ......,..a ....,�
Est I
1. Neth 3. East
MPH Recorded 2. South 4. West
CROSSING WARNING
31. TYPE
1
Gates 5
Hwy.TrafficSiglals 9
Watchman
32. SIGNALED CROSSING WARNING '
/place X in 2i
Cantilever FLS 6
Audible 1
Flagged by crew
Was the signaled cracsingwaming
apprnpnarc
identified in item 31 dpvatine CODE
3
Doz(esl/ I
Standard FLS 7
Crossbucks 11
Other
t. Yes 2 No
4
Wig Wags 8
Stop Sign 12
None
33. LOCATION OF WARNINGCODE
34 CAOSSING WARNING INTERCON•
CODE
35, CROSSING ILLUMINATED BY STREET
CODE
2. Side of vehicle approach
NECTED WITH HIGHWAY SIGNALS
LIGHTS OR SPECIAL LIGHTS
1. Both sides .3. Opposite side of vehicle approach
1. Yes 2. No 3. Unknown
1. Yes 2. No 3. Unknown
MOTORIST ACTION
36. MOTORIST PASSED STANDING HIGHWAY VEHICLE CODE 137. MOTORIST DROVE BEHIND OR IN FRONT OF TRAINCODE
ANDSTRUCK OR WAS STRUCK BY SECOND TRAIN
1. Yes 2. No 3. Unknwvn 1. Yes 2. No 3. Unknown
1 Drove around orthru the gate 2. Stopped and then proceeded 3. Did not stop 4. Other(spedfy) 6. Unknown
39 VIEW ACCK OBSCURED BY 1pnme11 0611MVIon• I CODE
3. Passing train 5. Vcgetatlxl 7. Other(spedfy)
1. Permanent structure 2 Standing ranroao eauipme tI = Topography 6. Highway vehicles B. Not obstructed
HIGHWAY VEHICLE PROPERTY DAMAGE/CASUALTIES
40. HIGHWAY VEHICLE PROPERTY DAMAGE reit. dollar aim pe 41 DRIVER WAS CODE 42. WAS DRIVER IN THE VEHICLE? CODE
1. Killed 2. injured 3. Uninjured
KILLED 144. TOTAL NUMBER OF OCCUPANTS INJURED
IS A RAIL EQUIPMENT ACCIDENT/INCIDENT REPORT BEING FILED? 1. Yes 2. No
47. TYPED NAME AND TITLE 148. SIGNATURE
FORM FRA F 618657 (12.741 REPLACES FORM FRA F 611C 13110.671 WHICH IS OBSOLETE
Appendix D
1. Yon; 2. No I
5. TOTAL NUMBER OF OCCUPANTS (kk*dt dmer)
CODE
I
1. DATE
CIM NOV -6'92
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CIM NOV —6'94,
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
MEMO TO:
MEMO FROM:
DATE:
SUBJECT:
City Managers
Rim Aasland
November 2, 1992
1993 Phone Survey
Planning, Research, andCoordination of Human Services
As you know, every three years the Northwest Hennepin Human
Services Council conducts a statistically significant survey of
Northwest Hennepin residents to determine their needs and their
attitudes towards various types of human services.
I am sending you a copy of the 1990 Phone Survey plus our proposed
changes for 1993. Please review the materials and consider ani
chancres you mi cYh .►ant ! diii:tjnnc; of aupsti ons . addi ta_ons o
ueis our surve , so please
let me know-how we can make it meet the needs of the ci res e
se v
I will be calling you the week of November 9 to get your input on
the survey.
Thank you for your help.
a
clm NOV '6'92
BROOKLYN CENTER CORCORAN GOLDEN VALLEY MAPLE GROVE PLYMOUTH
BROOKLYN PARK CRYSTAL HANOVER NEW HOPE ROBBINSDALE
CHAMPLIN DAYTON HASSAN OSSEO ROGERS
7601 Kentucky Avenue N. • Brooklyn Park, MN 55428
(612) 493-2802
PROPOSED CHANGES TO 1993 PHONE SURVEY
o Generally, lower the language level of the phone survey.
o Question 12: Change "Housing Services" to "Affordable Housing
for families" - This will help us check on reactions to
wording of question 6.
o Consider deleting Questions 21 through 25.
o Change focus of Questions 26 through 31 to determine a)which
age group respondents are most concerned about and b) within
that age group, what programs are top priorities
o Could delete Question 32
o Change Questions 51 through 54 to reflect issues of concerns
to the groupings of suburbs we are using for the survey (eg.
inner -ring suburbs, second -ring suburbs and third-ring/rural
areas)
GIM Nov -6'92
' NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL Z 3
Hello. A% y name is (First name only). I am a vohvtteer calling on behalf of the
Norrh west Hennepin Human Services Council Ineed to speak to someone 18 years
or older (or is your :Nom or Dad home?)
We are conducvcg a survey to determine the human service needs of people living in
_ lorrhwest Hennepin County. One of the most important ways to plan for human
services is through asking residents of the community about .such things as servicer
for seniors, children, and families
?he survey will take about 5 to 7 minutes of your time. We appreciate your hep.
The first set of questions has to do with the role of ciey government in providing human
service programs for its residents
I would lime to read a shorr list and have you tel me, for each one, whether you feel
that program is very imporrant, somewhat important, or not that important for your city
to suppor..
Question 1: Drug Awareness program for grade school children.
Very important 1 REPEAT RESPONSE CATEGORIES
Somewhat important 2 Prompt: Such as the D.A.R.E.
Not important 3 program.
Don't know 88
Refuse to answer 99
Question 2: Domestic violence intervention programs.
Very important 1 REPEAT RESPONSE CATEGORIES
Somewhat important 2 IF NEEDED
Not important 3 Prompt: Services to help the
Don't know 88 family -through abusive
Refuse to answer 99 situations
Question 3: Subsidized child care
Very important
1
Somewhat important
2
Not important
3
Don't know
88
Refuse to answer
99
Prompt: Provides funds for
child care
Question 4: Telephone assurance program for the elderly
Very important
1
Somewhat important
2
Prompt: For example, if a senior
Not important
3
did not call the program, the
Don't know
88
program would call friends or neighbors to
Refuse to answer
99
check on the senior to make sure they
were okay.
Question 5: Specialized recreation activities for persons with disabilities
Very important
1
Somewhat important
2
Prompt: Such as swimming,
Not important
3
wheelchair basketball, etc.
Don't know
88
Refuse to answer
oe
olm NOV -6'92
1
uuestion 6: Housing assistance for low Income families and Indivfduats.
- Very important I -
Somewhat Important 2 PmnVt: Such as low cost
Ndt Important Q•
Don't know AL sad wies, !tG housing
��Questlon
Refuse to answer 7: Considering the public building In yourhow woul
ou rate
the accessibility for persons with disabilities? Would YOU say accessibility is
excellent, good, fair or poor?
Excellent
GoodFair "'�
Poor '4
Don't know
Refuse to answer off_
Question 8: Are there any programs for children or youth not now in operation
that you would like to see offered by your city?
Yes 1
No sWp to question 11 NEXT PAGE
Don't know
Refuse to Answer
Question 9: What are they?
Teen Center 1
Child care center or program 2
Latchkey program
McGruff House or Safe House 4
C� Extended Playground activities 5
Runaway youth program 6
\Programs for children and
Other
youth with disabilities 7
$
Don't Know _ 8
Refused to answer 99
IF PERSON LISTS MORE THAN ONE PROGRAM, USE QUESTION X10 SLOT TO RECORD 2nd
RESPONSE, USING CODES FROM QUESTION 9.
Question 10: Any others?
USE RESPONSE CODE OF QUESTION 9.
2 cim NOY -6'92
- Question 11. Are there any programs for adults or senior citizens
operation that you would like to see offered by your city?
— Yes 1
I No 2
skip to questlon 14
I Don't know
I Refuse to Answer
I
i
Question 12: What are they?
Programs for single adults
1
Activities for persons with disabilities 2
Educational Classes
3
Parenting Education courses
a
Family centered activities
�5
Senior programs or services
6
Job training
7
Housing Services
8
Other activities
9
Don't know
88
Refused to answer
_ 9
�-- 3
not now In
IF MOPE THAN ONE ANSWER, USE QUESTION 13 SLOT TO RECORD, USING SAME CODE AS IN
QUESTION #12.
Question 13. Any additional programs.
USE SAME CODES AS QUESTION 12.
We are wondering how people find out about programs offered by your city.
Question 14. What is your principal source of information about programs
offered by your city?
City Newsletter 1
Mailings 2 Prompt: Use response
School postings 2 categories as prompts
Newspaper a If needed.
Park Brochure 5 4 �
G4t7et
Bulletins
Lily Ccmmun' CenteHall
Television/Cable..,.
Ot er 4
Don't know (DI) &L
Refused to Answer `0
ue5110,ri-15:--Before now, had you heard
Hennepin Human Services Council?
Yes 1
No 2
Don't know 88
Refuse to Answer .29L
3
S{,, -w
something about the Northwest
GIM RDI -6'92
Question 16: What Is the one most effective way to Inform
about the services provided by human service agencies In
Cry Newsletter
t
Mailings
3„ Prompt: Use response
School postings
3 ategories as Prompts
Newspaper
4 if needed
Pamphlets/brochures
3
Bulletins
4
Other people
7
Community Center/City Hall
Q
Television/Cable
4
Other
10
Don't know (DII
W
Refused to Answer
ffi-
you. or let you know '
your Community? _3
I would like to read you a short I& ofpossiole group home faCEUdes For each one,
plewe tel me whether you would approve, approve with reservatiorr4 or oppose a
group home of that type coming to your community.
Prompt: Definition of a group home: a home in a community for 5- 6 persons having similar
charac:eristics and needing services to live somewhat Independently.
Question 17: A group home for mentally retarded children or adults?
Approve 1 REPEAT RESPONSE CATEGORIES
Approve with reservations 2
Disapprove 3
Don't know 8_
Refused to answer 00
Question 18: A group home for recovering chemical dependent individuals?
Approve 1 REPEAT RESPONSE CATEGORIES
Approve with reservations 2 IF NEEDED
Disapprove 3
Don't know 8_
Refused to answer -09
Question 19: A group home for non-violent mentally III individuals?
Approve 1
Approve with reservations 2
Disapprove . 3
Don't know , 8
Refused to answer 00
Question 20: A group home for persons with AIDS, ARC or HIV positive?
Approve 1
Approve with reservations 2
Disapprove ; 3
Don't know 88
Refused to answer 10&_
4 CIM Nov -6'92
=L.3
Now, ! would like to ask you some questions about hum= service agencies in your
community. There are a number of emergency services providers located in the
Norrhwest area which provide, among other things food and clothing. Have you
heard of the following human service agencies?
Question 21. C.E.A.P in Brooklyn Center
Yes Prompt: Community
No Emergency Assistance
Don't know Program
Refuse to Answer
Question 22. P.R.I.S.M. in Robbinsdale
Yes 1 Prompt: People Responding
No 2 In Social Ministry
Don't know
Refuse to Answer
Question 23. N.E.A.R. In Crystal
Yes 1Prompt-. North Suburban
No I.
Emergency Assistance
Don't know 0- Response
Refuse to Answer a
Question 24. C.R.O.S.S. In Maple Grove
Yes 1 Prompt: Christians Reaching
No 2 Out In Social Service
Don't know PIL
Refuse to Answer 9
Question 25. First Call for Help in Minneapolis
Yes 1
No 2
Don't know E
Refuse to Answer .0-01
The following is a list of human service programs How important do you think these
services are for residents in your community --very important, somewhat important or
not that important?
Question 26. Parent training and parenting education courses.
Very important
Somewhat important
1 REPEAT RESPONSE CATEGORIES
Not important
2
3
Don't know
88
Refuse to answer
_ 9
Question 27. Peer counseling for seniors.
Very important
Somewhat important
1 REPEAT RESPONSE CATEGORIES
2
Not important
IF NEEDED
�3 , Prompt: Seniors talking with
Don't know
Refuse to answer
� other seniors about problems.
Question 28: Family stress management
Very important
1
Somewhat Important
2
Not Important
3
Don't know
Refuse to answer
88
99 Ctitil H�
5
Question 29: Child abuse prevention services
n
I
Soknportant
C�ky Hall
Not Importm
Don't know
-2—
—3
Refuse to answer
-49L.
Question 30. 24- hour crisis intervention
familieC.
program for runaways and their
Very important
1
Somewhat ImportarK
2
Not important
Don't know
3
�_
to answer
JULRefuse
9
Question 31: Respite care services or services which
come to the home to care for a allow outside help to
person with disabilitles while the caregiver gets
a break.
Very Important 1
Somewhat important 2
Not important
Don't know 88_
Refuse to answer 0
would tike to ask a sfiort series of questions related specifically .to child abuse.
Question 32. Where would you call first to report a case of suspected child
abuse?
Law enforcement agency (police)
County attorney's office
I
County child pretentlon serviceUST
-2 DO NOT READ
C�ky Hall
911 Emergency number
4
School District
4
Other
�
Don't know
7
Refused to answer
�
Question 33. If your name was kept confidential, how likely would you be to
report a case of suspected child abuse, very likely, somewhat likely, or not very
likely?
Very likely 1
Somewhat likely 2
Not very likely
Don't know �3
Refuse to answe9-0
r_
The ne,t series deals with mental health issues
Question 34. If you had a serious personal or serious family problem, would
YOU seek outside professional help?
Yes 1
Perhaps or depends
No 2 Prompt: a mental health agency, Don't know pastor. or religious leader
Refuse to answer �
NSU '6'92
R
' Question 35. What would -be the main reason, if any, that would keep you from
seeking help from an outside source such as a counseling agency or similar
helping agency?
No reason given t
It wouldn't help 2 DO NOT READ LIST
Lack of transportation 2 WRITE ON ANSWER SHE_i THE NUMBER
Agency usually not open when THAT APPLIES
help Is needed 4
Fear about what others might think (stigma) 5
Don't know what help is available 2 S
Need to be strong/don't need outside help/
none of their business 7 /, 10
Lack of rinances/money 2
Other 2
Don't Know $g „p
Refused to Answer o
Now I would like to ask you a series of questions about you and your household; If
YOU would prefer not to answer arty parricular question, we can skip that one.
Question 36. Gender? DO NOT ASK. JUST WRITE IN YOUR GUESS
Male 1 IF YOU ARE ABSOLUTELY UNSURE, YOU MAY ASK OR
Female 2 SKIP IT.
DK 88
Could you please tell me how many people in each of the following age groups live in
your household starring oldest to youngest? READ EACH AGE GROUP AND WRITE IN
NUMBER OF PERSONS FOR EACH AGE GROUP ON ANSWER SHEET.
Question 37: Persons 65 or older
Question 38. Adults under 65
Question 39. School aged children (Grades K-12)
Question 40. Pre-school children
Question 41. What was your age at your last birthday
18-24
1
25-34
2
354
3
45-54
4
55 -54
5_
65-74
6_
75 or older
7
Don't know
_8
Refused to answer
Qo
Question 42. Next, 1 will read different income levels. Would you estimate your
gross household income before taxes as
READ LIST UNTIL RESPONSE IS GIVEN
less than 10,000
1
$10,001- 15,000
2
515,001- 20,000
3
520,001- 30,000
4
530,001- 40,000
5
540,001- 50,000
6
Over 550,001
7
Don't know
_8
Refused to answer
9_
cim NOV `612
I will now read a list of
situations d= affect marry households Please tell me which, -
,y, have affected your hoccrehold in some way & ring 1989. `
Question 43: Lack of Adequate transportation.
Yes
No
Don't know
Refuse to Answer
Question 44. Need for financial assistance
Yes
t
No
T
Don't know
w—
Refuse to Answer
;o
Question 45. Need for emergency shelter to leave an abusive situation.
Yes
No
Don't know
Refuse to Answer
Question 46. Unemployment
Yes t
No T
Don't know 0—
Refuse to Answer l0
Question 47. Discrimination in housing or employment.
Yes
No Prompt: refers to race or
Dcn't know ethnicity, gender, sexual
Refuse to Answer °� preference, age, marital
status or disability
Question 48: Alcohol or drug use.
Yes t
No 2
Don't know
Refuse to Answer ;
Question 49. Lack of adequate health insurance.
Yes
No
Don't know
Refuse to Answer i
Question 50. Need for subsidized child care.
Yes t
No 2
Don't know $8
Refuse to Answer °�
8 0114 Nov -6,92
Now for the final set of questions. I would like to ask you a few general questions
about your city in parricclar.
Question 51. Would you favor or oppose an Increase in city property taxes if it k,\
were needed to maintain basic city services such as snow removal or waWFavor
Oppose z��-�°I�`
Don't know 88 'rfyz
Refuse to Answer W �-Z,
Question 52. From what you know, do you disapprove or approve of the job the
Mayor and City Council are doing?
Approve 1
Disapprove 2
Don't know
Refuse to Answer
Question 53. How much first-hand contact have you had with your city's staff -
quite a lot, some, very little, or none?
Quite a Lot
1
Some
2
Very little
3
None
a
Don't Know
Refused to Answer
-09
Question 54. From what you have seen or heard, how would you rate the job
performance of your city staff - excellent, good, fair or poor? .
Excellent
Good 2
Fair 3
Poor a
Don't Know F
Refused to Answer ca
Thank you for helping the Northwe-, Hennepin Human Services CounciL This
information will help us and others plan for human services in the Northwest Hennepin
County Area Ifyou are interested in learning more about human services in your
community or the results of the survey, please call the council at 493-2802 Thank you
for your time.
9
CIM NOV —6'92
%k1� a::�s .
October 26, 1992
Kimm Bergman
Mayor of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mayor Bergman:
We are writing to you in regard to the "burglar alarm system" rules which
are now in effect in the city of Plymouth; which is one false alarm free
of charge and any thereafter is $50.00. We feel we should be allowed more
than one false alarm, as other cities are allowed three or four per year.
We would appreciate immensely, you looking into this matter and reviewing
it with the City Counsel to reconsider the current policy.
Thank you in advance for your attention in this matter. The four busihess'
involved wanting this change are listed below. Please feel free to call me
at Hair Excellence, 551-1565, located at 11540 Bass Lake Road, Plymouth, MN,
55442.
Sincerely,
Corrine Glirbas
HAIR EXCELLENCE
BASS LAKE BOTTLE
KAYLIE'S DRY CLEANE
PRIME BUI,LDER'S
copy: Plymouth City Counsel
0
CIM Nov -6'92
DATE:
Wel
FROM:
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
November 4, 1992
Craig C. Gerdes - Public Safety Director
Darrel Anderson - Crime Prevention Officer
SUBJECT: LETTER TO MAYOR BERGMAN DATED OCTOBER 26,
1992
= 5
The ordinance regulating alarm systems in Plymouth was developed
to curtail the ever-increasing number of false alarms in the City
by getting users to remedy the causes of them.
I believe the current ordinance has given users the incentive to
correct the causes of false alarms with their systems on a more
timely basis than under the previous ordinance, which allowed
three false alarms. When more false alarms are allowed prior to
charging a fee, alarm users have a tendency to put off immediate
corrective action, which in turn increases demands for
unnecessary police services.
If the ordinance is to be softened, a revision of the escalating
fee schedule to more accurately reflect the true cost of police
response would be more appropriate than allowing more false
alarms.
Of the four companies that signed the letter to Mayor Bergman,
only Bass Lake Bottle Shop appears to be in compliance with the
alarm ordinance. Kaylies Cleaners has not supplied us with the
original permit to operate and they have not paid false.alarm
fees. We have no record of Hair Excellence or Prime Builders
having a separate alarm system or ever having a false alarm.
DA/sb
C1M N � "6 92
League of Minnesota Cities
October 29, 1992
3490 Lexington Avenue North
St Paul, MN 55126
(612) 490-5600
Memorandum
To: All Members
From: Larry Bakken, President
Subject: Reorganization
.L-10
As you know Don Slater has resigned as Executive Director. Helen
Schendel, the Associate Director has resigned for medical reasons.
The Board has no immediate plans for replacement for -that position.
The Board of Directors of the League of Minnesota Cities has decided
at this time to make some changes in the top management of our
association. The position of Executive Assistant to the Executive
Director has been eliminated. Lynda Woulfe has been transferred to
another position in the LMC.
The Board has initiated the process of selecting a replacement for Don
Slater. For the interim period Cam Andre is acting as executive
director.
A search committee of Lee Swanson, Jerry Dulgar, Bob Long, Betty
Sindt, Todd Prafke, Eric Sorensen and myself will conduct the search
process. We have contracted with the Brimeyer Group Inc. to assist us
in this matter.
Enclosed are a copy of the position profile, the job announcement
and a schedule of the steps to be taken in the selection process. As
indicated on that schedule it is hoped to have a new executive
director by the middle of January.
Any suggestions you may have would be welcome. Please contact me or
other members of the Board with your comments.
GIM %QV '6'92
z-10
Tt►e Brimeyer Group, Inc.
EXECUTIVE SEARCH CONSULTANTS
LEAGUE OF MINNESOTA CITIES
EXECUTIVE DIRECTOR
Position Profile
THE ORGANIZATION
One Tenth Ave. South
Hopkins, MN 55343
The League of Minnesota Municipalities was established in 1913 as a reference organization
which was affiliated with the Extension Division of the University of Minnesota. In 1974, the
League became an independent organization. Being independent meant the League could
vigorously pursue legislation affecting cities. Previously, the League acted more as an
educational organization and initiated no legislation since its funding was from the legislature.
The League changed its name in 1976 to the League of Minnesota Cities following the
legislature's passage of the 1973 City code which reclassified all Cities, Villages, and Boroughs
as Cities.
The mission of the League of Minnesota Cities is to provide a forum for the identification and
representation of Cities' interests, recognizing the strengths in sharing and consensus building,
and resulting in an effective "Partnership of Cities".
The League of Minnesota Today
LMC is a leader among state leagues in the country. It is the official cooperative association of
cities serving the needs and best interests of the state's cities. The League represents cities
working together to promote legislation on behalf of local government and provides information
and other resources to assist City officials in their efforts to improve the quality of service
delivery to Minnesota citizens.
The composition of the League is noteworthy. LMC is unique in many respects, but not more
so than in the number and prevalence of fully staffed and, budgeted subgroupings of cities. No
other state has a fraction of the general purpose associations of Cities as Minnesota. Most
states have affiliates, often staffed by the central League, of cities and city officials. Minnesota
is unique in that a number of these associations collect dues, hire staff, and mount independent
representational efforts. Functional subgroupings of cities started with the formation of the
Association of Metropolitan Municipalities as a semi-independent organization in 1974. This
group, however, is strictly limited to work on metropolitan issues, focused largely on the
Metropolitan Council. In 1982, a grouping of metropolitan suburbs founded the Municipal
Legislative Commission.
tiM #N -6'92
(612) 945-0246 9 fax (612) 933-1153
2 -
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In 1985, the Coalition of Greater Minnesota Cities decided to retain i Taw firm foc —.._
representational work, mostly centered on local government aid. Smaller Cities in Minnesota
formed a dues paying group in 1987. 'There is also a coalition of cities from northern
Minnesota representing the 'iron range'.
All of the associations have become quite concerned with the property tax relief question. ibis
issue has dominated municipal discussions and debates. It has escalated as the state government
continues to reduce funding for property tax relief, leaving all cities to debate over a decreasing
pie.
The upshot of the pressure on property tax funding and the division of cities into camps has
been to dramatize the differences in policy between the groups. The existence of these groups
has reinforced the divisions. It is much harder for cities to agree on a common state-wide
policy. Compromising, with cities who have greater relative differences, is occurring less
frequently.
MEMBERSHIP SERVICES
* Legal Services: The League offers one of the most comprehensive and innovative packages
of law related services of any State League. In addition to the inquiry and information
efforts of the research and field programs, the League offers the state's only consolidated
repository of information and assistance to municipal home rule Cities.
* Information Services: The research and inquiry service acts as a central clearinghouse for
information on local government. In 1992, the research staff responded to more than
7,000 inquiries providing information on new development, sample ordinances, ideas from
other cities, and copies of laws. The research department compiles research on topics such
as dog control, planning and zoning, conflict of interest, and special assessments.
Researchers respond to questions from members, state agencies, counties, other states, the
media, and private citizens.
*
City Lawyer Exchange Aid and Repository: The City Lawyer Exchange Aid and
Repository (CLEAR) is a subscription service offered to City attorneys. It provides legal
research and assistance, a brief bank to track municipal law in Minnesota courts, and
provides specialized municipal legal advice and opinions to member City attorneys.
CLEAR has become the primary means by which Minnesota Cities codify and maintain an
organized system of ordinances. In the future, LMC expects a greater emphasis on this
codification function. CLEAR is currently working on 15 codes.
*Municipal Amicus Program (MAP): The Municipal Amicus Program offers support to
cities that are involved in litigation that may have significant statewide impact on the
organization, operation, power, and duties of Minnesota's Cities. The League created
MAP in March 1986. About 150 cities belong to MAP. A Board of Directors reviews
requests for Amicus (friend of the court) briefs from member cities and other municipal
units.
Gim Nov -6'92
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* Field Service: A Field Representative visits member Cities on a continuing basis to assist
with local problems, and to collect materials to share with other cities. The purpose of the
program is to provide personal contact between the League and member City officials.
During a visit to a city, the Field Representative explains League services, makes
recommendations in the areas of policy making and management, and shares ideas for
improvement of City services. The Field Representative attends City Council meetings and
meetings of affiliate organizations during the year to provide networking between City
officials and the League and to help in furthering City legislative programs.
* Conferences:
Annual Conference - This is a three-day conference which is held in June, and includes
approximately 25 educational sessions for City officials. The conference is rotated each
year, from the metropolitan area to greater Minnesota. Attendance ranges from 1,700 to
2,000.
Legislative Conference - Each year the League holds a Legislative conference providing
an opportunity for City officials to hear first-hand from legislators about pending
legislation.
Policy Adoption Conference - Each November LMC member Cities adopt policies and set
priorities,governing the League's representational program. Each City may vote on the
proposed policies which guide the League's lobbyists.
Legislative Wrap-ups - After each legislative session, the League presents 4 one -day
regional sessions to inform City officials of new laws affecting City government.
Conference for Newly Elected Officials - Each year the League sponsors.a one -day
program for newly elected City officials to orient them on the duties of their new jobs.
Clerks Orientation Program - The annual League Clerks orientation is a basic training
course for new City Administrators, Clerks, and those with payroll and budget
responsibility.
*Training: LMC is a founding organization of the Government Training Service which
produces training for City officials and staff. LMC cooperates with GTS in identifying
subjects for training activities, provides faculty for training seminars, and utilizes GTS staff
in planning the LMC annual meeting.
* Personnel Services: Originally conceived several years ago as a source of comprehensive
personnel -related information, the personnel project had as its primary goal the preparation
of computerized salary and benefits survey. The survey includes data on all Greater
Minnesota Cities over 2,500 and the majority of Greater Minnesota Cities under 2,500.
Metropolitan area cities are covered under a joint contract between the League, the
Association of Metropolitan Municipalities and other associations.
* Minnesota Municipal Money Market Fund: The League -sponsored Minnesota Municipal
Money Market Fund (4M Fund) gives cities an option to participate in a professionally
managed, diversified short-term investment pool created by cities for cities. In addition, a
certificate of deposit placement program is available as another program option. The LMC
Board of Directors serves as the Board of Trustees and League staff provide legal counsel
to the fund.
ciM NOV —6'92
Ea
* The League of Minnesota Cities Insurance Trust: -In 19$0, the League created the League
of Minnesota Cities Insurance Trust (LMCIT) as a mechanism through which cities could
cooperatively address their risk management needs. LMCIT has two basic goals: To
provide cities with the coverages they need, and to do so at a cost directly related to annual
losses. Over 95% of the League's member Cities now participate in one or more of
LMCI T's programs.
LMCIT's property/casualty program covers 742 cities, and 119 other governmental entities
such as urban towns, ,joint powers entities, special purpose districts, etc. The program has
$69 million in assets, and an annual premium volume of $26 million. The Workers'
Compensation Program covers 697 cities and 124 other entities. Its assets total $68
million, with $25 million annual premium volume. LMCIT provides health coverage to
100 cities, and dental benefits to 43 cities. The health/dental program's assets are about
$1.5 million, with annual volume of about $3 million.
LMCIT does not have employees of its own, but instead contracts with the League for the
staff it needs. LMCIT reimburses the League for the cost of providing those administrative
services, including staff time, space, equipment, and other expenses. In addition to
reimbursing the League for these costs, LMCIT also pays an "institutional fee" to the
League equal to 1.5% of the gross revenues of the Workers' Compensation and
Property/Casualty Programs.
* Publications: The League publishes the Directory of Minnesota City Officials which lists
all City officials and contains information about cities. The League updates the Handbook
for Minnesota Cities annually which keeps cities current with law changes and how they
affect City governance. Each year the League publishes the City Products and Services
Guide, a list of firms that do business with Minnesota cities. Other annual publications are
generated in the League's research department.
The League produces two periodic publications, the Minnesota Cities magazine and the
Cities Bulletin. The magazine goes to City officials including Mayors, Councilmembers,
Managers, Clerks, and Department Heads. In addition, libraries, schools, civic groups,
newspapers, legislators, and others subscribe to the magazine. It includes information from
new laws to How to implement a new personnel policy in your City.
The League publishes the Cities Bulletin weekly during the legislative session and monthly
during the interim. The bulletin includes information on the latest legislative action, bill
summaries, action alerts, city classified ads, and general news. The bulletin goes to the
Mayor and Manager or Clerk in each City. The media also receive the bulletin.
:L -%C)
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THE BUDGET'
The LMC receives about 50% of funding from dues. The other half of the budget derives from
various fees and charges. The greater partcomes from the 1.5% fee charged to LMCTT. This
source contributes about 25% of the total budget and, therefore, half of the non -dues revenue.
The following listing provides a summary of LMC's budgeted revenues for 1991/92 and
1992/93.
THE POSITION
The Executive Director is responsible for LMC administration, while the Board of Directors
serves as the governing body. The Board of Directors exercises its role as the policy making
body for the organization. The Executive Director is responsible for providing information to
the Board on the operations of the League and bringing to the Board's attention policy issues
requiring consideration.
The LMC Board of Directors is responsible for setting priorities and the general management
of the League. The Board approves the budget annually and recommends dues adjustments for
member Cities. Voting members of the Board are the President, two Vice Presidents, and 12
elected Board members. Ex Officio members of the Board are the immediate Past President of
the League, the President of the Association of Metropolitan Municipalities, and the President
or Vice President of the National League of Cities if a Minnesota City official holds either of
those positions. (Mayor Fraser of Minneapolis currently holds this seat.)
The LMC Board selects the League Executive Director, who administers the League office and
League services. LMC has seven departments: Administration/Finance, Legislative, Research
and Inquiry Service, Publications/Advertising, Conferences/Training, Production Services, and
the League of Minnesota Cities Insurance Trust. Each department supervisor reports to the
Executive Director and attends a weekly supervisors meeting to share information across
departmental lines. E!� 0 -6992
1991/92
1992/93
Budget
Budget
Membership Dues
$1,442,771
$1,484,440
Institutional Fee
760,000
764,192
Service/Product Charge
286,604
369,250
Conferences
261,331
272,600
Interest
271,600
281,600
Miscellaneous
271,600
281,600
Total Revenues:
3,238,306
3,348,0982
THE POSITION
The Executive Director is responsible for LMC administration, while the Board of Directors
serves as the governing body. The Board of Directors exercises its role as the policy making
body for the organization. The Executive Director is responsible for providing information to
the Board on the operations of the League and bringing to the Board's attention policy issues
requiring consideration.
The LMC Board of Directors is responsible for setting priorities and the general management
of the League. The Board approves the budget annually and recommends dues adjustments for
member Cities. Voting members of the Board are the President, two Vice Presidents, and 12
elected Board members. Ex Officio members of the Board are the immediate Past President of
the League, the President of the Association of Metropolitan Municipalities, and the President
or Vice President of the National League of Cities if a Minnesota City official holds either of
those positions. (Mayor Fraser of Minneapolis currently holds this seat.)
The LMC Board selects the League Executive Director, who administers the League office and
League services. LMC has seven departments: Administration/Finance, Legislative, Research
and Inquiry Service, Publications/Advertising, Conferences/Training, Production Services, and
the League of Minnesota Cities Insurance Trust. Each department supervisor reports to the
Executive Director and attends a weekly supervisors meeting to share information across
departmental lines. E!� 0 -6992
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The primary goal of the Executive Director is to direct the operations, programs and services
provided to the League's members. The Executive Director supervises and particifWas in the
development of legislative policy and represents the League before the legislature, state
agencies, state administration and others.
Duties include:
* Direct the operations of the League, developing administrative policies and procedures,
personnel and compensation policies for staff, development of comprehensive capital and
operational budgets, monitoring and reviewing all departments for compliance with policy,
goals, and objectives.
* Plan, direct, control, and approve all staffing plans and the selection of staff.
* Direct, supervise, and advise department supervisors and professional staff.
* Direct the development of legislative policies and direct and coordinate the League's
representation strategy. Act as liaison with other organizations.
* Direct the research and preparation of special reports and agendas to the Board of
Directors.
* Provide legislative representation, negotiating and testifying before legislature, state
agencies and administration, analyzing legislative bills, monitor and track legislation and
rules through legislature or agency process.
BACKGROUND/EXPERIENCE
Candidates for the Executive Director should have a Bachelor's Degree, (preferably a Master's
degree) in Public Administration, Law, or similar degree with at least 10 years experience in a
responsible management position.
Qualified candidates will have the following:
* Possess a strong service delivery orientation with the ability to provide good research and
data.
* Knowledge of Minnesota politics preferred. Being well connected within state government
is desirable.
* Experience with the legislative process and developing consensus on policy issues is
essential.
* Have an awareness of the issues of the League. Be able to identify the expectations of the
League staff.
* High level of familiarity with City, League, agency or non-profit organizations/associations.-6,01N0�
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MANAGEMENT CAPABILMES
* Be the spokesperson for the LMC within the guidelines established by the President and the
Board.
* Be able to achieve a consensus and act upon it.
* Be a skilled professional manager with the ability to motivate a team and work effectively
with 'a Board.
* Maintain objectivity, uphold ethical standards, and display a professional demeanor in
dealing with people and issues of the League.
* Promote credibility of the League by keeping abreast of the issues and sharing information
with others. Utilize outside agencies such as the Chambers of Commerce to learn of local
issues.
* Recognize there are changing needs and roles within the Cities as well as unique
requirements in different parts of the State. r
* Have a sense of fairness and sensitivity in dealing with Cities of all sizes.,.
* Take a leadership role in the coordination of all factions of the League.
Maintain an inclusive organization by not allowing partiality of any one faction. Be an
advocate for the League as an umbrella group.
* Orchestrate the efforts of the staff and the Board in making presentations at the legislature.
Be able and available to testify personally on the critical issues.
* Utilize elected officials whenever possible.
* Encourage the Board to confront big City/small City issues. Be able to unite the Board.
* Use a team approach without always taking the lead. Utilize others effectively.
LEAGUE PRIORITIES
* Perform umbrella management role over various groups within the State including the
Municipal Legislative Commission, Association of Metropolitan Municipalities, Iron Range
Cities, Small Cities, Coalition of Greater Minnesota Cities, and the North Metro Mayors
Association.
* Set an example which promotes a feeling of equality among all groups within the League.
Promote a feeling of credibility and satisfaction of services offered for the entire -6qA
membership. G%A N
r '
* Evaluate the need to incorporate personnel services, such s rdations; part,of the '
League's efforts.
* Strive to improve the delivery of services offered by die LMgue, particularly in the area of
basic membership services.
* Develop a long-term strategic plan.
* Develop a model to improve the perception of the League within the membership and at
the legislature.
* Provide an accurate and timely flow of information from the Leagub to the memher Cities.
* Strive to bring Cities to a consensus on the Local Government AId (LGA) formula issue.
* Facilitate the relocation to St. Paul including the purchase of or eonstructiori of office
facilities.
* Examine the need to restructure and redefine reporting relationships *and -develop a new
organizational chart. Clarify reporting relationships between the League and the LMCIT.
* Establish a good working relationship with the Governor's office and key legislators.
* Explore the possibility of implementing a Total Quality Improvement program.
ANNOUNCEMENT
Executive Director - League of Minnesota Cities. (Starting salary $75,000-587,000). Report to'
17 member Board of Directors selected by the 850 member Cities. Responsible for
administering a $3.8 million budget and supervising a staff of 60 providing high quality
services in the areas of Admin/Finance, Legislative, Research and Inquiry, Publications/Advert,
Conferences/Training, Production Services, and Insurance Trust. Play major role in
coordinating lobbying efforts of League staff and elected officials. Qualified candidates should
have a B.A. (M.A. preferred) degree in public admin or related field with 10 years exp. in a
responsible management position - preferably in local government, a non-profit organization or
association, or a municipal related agency. Apply by November 30, 1992 to:
James L. Brimeyer, President
The Brimeyer Group Executive Search
One Tenth Avenue South
Hopkins, Minnesota 55343
(612) 945-0246
NDd '6'9.-
S -\O
Tne Brimeyer Group, Inc.
EXECUTIVE SEARCH CONSULTANTS
11/18/92
LEAGUE OF 'MINNESOTA CITIES
(12:00)
EXECUTIVE DIRECTOR
11/30/92
Suggested Timetable
10/27/92
Authorize to Proceed
12/4/92
Approve Position Profile
12/8/92
Review Timetable
(11:30)
Approve Announcement
10/28/92
Place Announcement
- Review compensation guidelines
11/2/92 to
Recruit, screen candidates
12/4/92
11/18/92
Status report for Search Committee
(12:00)
11/30/92
Deadline for Applications
11/15/92 to
Review, Screen candidates
12/4/92
(Use NLC Conference to screen candidates)
12/8/92
_ Progress Report
(11:30)
- Reduce candidates from 8-10 to 4-5
- Review interview schedule
- Review compensation guidelines
12/9/92 to
Background, reference checks
12/15/92
12/17 and Search Committee interview
12/18/92
12/18/92
(6:00 PM)
12/19/92
(AM)
12/19/92
(PINI)
1/1/93 to
1/18/93
One Tenth Ave. South
Hopkins, MN 55343
Informal reception - Search Committee, Board members, candidates
Board interviews
Search Committee
Board selection of Executive Director
Transition/Start Date
cup► %Uj -6'A
(612) 945-0246 • fax (612) 933-1153
3::- %%
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
OCTOBER 28, 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 Dennis Zylla, Ed
Albro, Michael Wigley, Barb Stimson, Scott Syverson, and
Roger Scherer.
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Director Chuck Dillerud, and Planning
Secretary Jackie Watson.
MINUTES
MOTION by Commissioner Stimson, Seconded by Chairman Stulberg to approve the
October 14, 1992 Planning Commission Minutes with the direction to include
Commission Stimson as present.
Vote. 5 Ayes. Commissioners Scherer and Syverson abstained. MOTION carried
on an unanimous vote.
DISCUSSION: PLANNED UNIT DEVELOPMENT
Commissioner Zylla showed some slides he had taken in several PUD's and
discussed the side yard setbacks. He stated that most of the side yards were
consistent with what the neighborhood should look like.
Commissioner Scherer stated that even though some side yard setbacks were
smaller, the landscaping of trees and shrubs creates a more spacious look to
the neighborhood.
Commissioner Syverson briefly discussed the donut effect where the density is
higher around the parks, ponds or open space internal to a development. He
said the donut effect was created to allow more people to enjoy the amenities
in the development.
Director Dillerud stated that it is customary to place the multiple family
units in a development at the periphery of the development so that the
additional traffic does not have to travel through the single family portion
of the site for egress. He said that using the donut concept all the heavier
traffic would have to travel through the single family portion of the site for
egress. He stated this would be difficult to address in the Zoning Ordinance
and was a design issue that would need to be discussed on a case-by-case
basis.
Planning Commission Minutes M` 11
October 28, 1992
Page 274
Chairman Stulberg stated that there should be a simpler way to approve
applications for decks and pools in conflict with PUD specifications without
going through the Planning Commission Public Hearing process and City Council
for approval.
Director Dillerud stated that he had .looked into this with the City Attorney
and was advised that these types of applications could not be done
administratively. The City Attorney was working on a less cumbersome
legislative process.
Commissioner Scherer stated that the size standards for a PUD are now
arbitrary; and, that a PUD should be allowed on any size parcel as long as it
facilitates a particular good as a PUD.
Chairman Stulberg asked that each Commissioner review their portion of study
for the other Commissioners.
Commissioner Wigley stated the he thought the bonus points should be
eliminated and that the density of the underlying guiding be used to determine
the number of units allowed in the PUD. He suggested that the PUD density be
tightened up and a single unit number be used rather than a range (i.e., 4,
rather than 3-5).
Chairman Stulberg asked what would be the "carrot" for the developer to
develop as a PUD versus convention platting.
Commissioner Wigley stated that the advantage for a developer to develop as a
PUD would be the flexibility allowed for setbacks in a PUD. He said that
there are so many wetlands in the remaining undeveloped area of Plymouth that
the developer needs this flexibility. He said that the bonus points encourage
a developer to request higher density.
Chairman Stulberg questioned whether the density for a PUD should be over or
under that allowed for a conventional plat.
Commissioner Wigley responded that hi,s suggestion would be to increase the
allowable density for a PUD as somewhat higher than the average for a
conventional plat.
Commissioner Zylla stated that the PUD allows for phasing of the development
and he was not concerned with the number of dwellings in the PUD as long as it
adhered to the underlying guiding.
Commissioner Zylla suggested that a grid sheet be used with each PUD staff
report to make is easier for the Commissioners to see lot size, setbacks, etc.
He distributed a draft of the grid he would like to see used.
Commissioner Wigley questioned whether setbacks should be stricter for the
PUD.
Commissioner Stimson stated that the lot width is the major factor that
creates eye appeal, and that the front setback or lot size are not as
important.
Planning Commission Minutes
October 28, 1992
Page 275
Commissioner Wigley stated that the PUD's in Plymouth look pretty good.
Commissioner Scherer stated that the PUD should be used as a tool with no
restrictions as to the size of the PUD.
Director Dillerud commented that in past years some of the larger PUD
developments fell apart because so many players were needed for the
development. He said the smaller PUD is probably better and easier to
develop. He said that once some new language is developed for the PUD he will
run some of the existing PUD's through a mock scenario to see how they measure
up to the new language.
Commissioner Stimson stated that open space in a PUD should not be a
requirement, and that if open space is desired it should be allowed as either
active or passive open space. She stated that the ownership of common -open
space needs to have more structure and the Homeowners Association document
should be finalized early in the development.
Commissioner Syverson stated that some narrative he read stated that a PUD
should "appear like a single family development" and questioned whether this
language should remain in the ordinance. He said this language possibly is
not in the ordinance but in the Mission Statement.
Commissioner Zylla stated that he preferred higher density in a PUD to be on
the periphery of the development.
Commissioner Scherer stated that open space can be created simply with a
street which runs along side open space of any kind. He used the lake area of
Minneapolis as an example stating that there are no homes on the shore, the
street passes by, and this creates open space for everyone to enjoy.
Commissioner Syverson stated that even with the higher density at the center
of a development, the design of the street system could eliminate traffic from
impacting the single family area it passes through.
Commissioner Zylla suggest that all reference to density on the interior or
exterior of a PUD be removed.
Commissioner Albro stated that any public access to public amenities should
not interfere with citizens within a development.
Commissioner Zylla stated that the visual effect of a park or trees in the
frontal areas within a PUD allow all persons to enjoy the amenities.
Commissioner Stimson stated that the placement of the highest density within a
PUD should not be predetermined.
Chairman Stulberg reviewed all the statements made by the Commissioners and
requested that Director Dillerud make a draft of these items in the PUD
portion of the Zoning Ordinance. Following are the directives of the
consensus of the Commissioners.
1. Drop the bonus points and use the underlying guiding for density.
Q* 101
Planning Commission Minutes
October 28, 1992' <
Page 276
2. Do not set specific.lot sizes for a PUD.
3. Side yard setback should be no more than a minimum of 10/10 feet.
4. Remove minimum open space requirements.
5. Home Owners Association documents to be completed early in the development
and to be more structured as to the responsibility of open space.
Chairman Stulberg stated that the donut effect should be considered on a case-
by-case basis and is a design issue.
Commissioner Zylla stated that he is reluctant to drop bonus points if it
means that we are going to allow the density per acre to rise.
Commissioner Albro suggested that points be set at a percentage.
Commissioners Albro and Syverson want to see open space in PUD development.
Commissioner Zylla stated open space should be encouraged but not required.
Director Dillerud stated that the suggestions made will be used to draft
changes in the PUD section of the Zoning Ordinance. This draft will be used
by the Commissioners as a starting point for changes they would like,•to see in
the ordinance.
Chairman Stulberg suggested that further discussion of the PUD be done at a
study session.
Meeting adjourned at 9:30 p.m.
WA 0
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 5, 1992
TO: Frank Boyles, Acting City Manager
FROM: Helen LaFave, Communications Coordinator
SUBJECT: CUSTOMER COMMENT LINE
We received the following call regarding the proposed rental inspection program on the
24 -Hour Customer Comment Line:
"My comments are specific to the proposed Rental Property Protective Inspection
Program. My comment is very brief. My name is David Russ. I live and own here in
Plymouth and have done so twelve years. I do not rent property in the City of
Plymouth. I am an experienced landlord in other communities and I can tell you that
all your Property Protection Inspection Program will do will increase government
bureaucracy and cost the renters more money to live in our community. I am
resolutely against property inspection programs. I believe your Inspection and
Complaint Department certainly can handle problem properties. Thank you. My
phone number is 559-4410 if you need to respond. I do not require a response
though. "
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1� 1
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: November 4, 1992
TO: Mayor & City Council
FROM: Frank Boyles, Acting City Manager \
SUBJECT: DISTINGUISHED SERVICE AWARD FOR ERIC BLANK
I have been advised that the Minnesota Recreation and Park Association has selected
Eric Blank to receive their Distinguished Service Award. The Distinguished Service
Award is the highest honor that the Association bestows on its members for long and
outstanding service in the field of park and recreation. There are over 1,000 members
in the Minnesota Recreation and Park Association, including representatives from
cities, counties, townships, and not-for-profit organizations.
Eric will be receiving the award at the Minnesota Recreation and Park Association
conference banquet to be held on November 19 at 5:45 p.m. in the Rochester Radisson
Hotel Center Place, 150 South Broadway. A social hour is scheduled for 5:45 p.m.,
with the banquet commencing at 6:45 p.m. If City Councilmembers or members of the
Park and Recreation Advisory Commission would like to attend, the cost is $22 per
person. A reservation is required with the Minnesota Recreation and Park Association
in advance. If you will contact Laurie Rauenhorst by Friday, November 13, we can
make reservations on your behalf.
If you are unable to attend the award's banquet, Pauline Staples, the Assistant Director
of Park and Recreation in the City of Maplewood, to be present at the City Council's
December 7 meeting to present Eric with the Distinguished Service Award. This
recognition confirms what we already know about Eric: He is an expert Park and
Recreation Director dedicated to his chosen profession.
FB:keb
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Cit;' of P1;'mouth
Pub! is idorKs Dert .
Pli'mouth Cit;' Center
3100 Pl ;,mouth BI -A.
P11'mouth, MPI 55el-i7
,/Attr.: Mr . Fred Moore ,
i^ ��. �• ire
It
c
660r3c ':. L:n r3
? 120 ir. ' 'ew Lane NO.
P" MI 55441
'ubl is 1•lorKz
T i_ is a letter of thanrs for ;`our action to recti+" a Problem
ct.II:ert.
My letter_. of tune 15, and Sert. 1E, defined the rr•oblem and requested
help to avoid future flood ingt. He ha.,e h istor ici 1`.' had flooding in our
garage and basement man;' time_• as rapid water run-off, either =now melt
or hea"" rain, was greater than the car_acit-:' of the culvert.
On Thursda October 29. a PI -mouth worn crew efficient]'.` rerna"ed the
12" cul-.,crt znd in_tal led a new 18" cul"ert under m-,- ne inhbor•'_
dr•i:'ew_ Ther did a nice .job lea�,ina the dri:'ewxs' undi=turbed t•:ith a
Emooth , fresh blacKtor` surface.
The not- culYer•t should handle an:' future deluge and gi„e= u= a recce of
minim LLE h3':en't had for "ears. We are firateful fcr '.'Qur re=ron:!re to
Ott!' r-e•zutst ThanK_ to ;`osa and "our entire staff.
cc: Ma`.`cr Kim Bergman
�P �ed-6. Lindber i
a�s�cli .rchA.5C, I To.•: t,'cT�ti
L. 1C Gs l l iwl JC
CE=; IF:c.:) PUBLIC ACCOUNTANTS
7573 GOLCEN VAL._Y RGAO. SUITE t95
.MINNEAPOLIS. MINNESOTA 55427
TELEPHCNE 6t2/546-6211
FAX o12i54o•2048
DATE
TO i
;ROM: vS_
FAX TRANSMITTAL
Fax number 612-546-2048
E: -GINE F °LANSKI. CPA
JAMES R 4-00-t. CPr
PHILLIP J. KRONLAGE• CPA
JCMN W. EDSCN• CPA
JAMES V MEYEA. CPA
EDWARD H. PETER. CPA
REPAED
PAGES TRANSMITTED
(including thi3 page)
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,'92
Friday, November 6, 1992 12:00:36 AM TODD BREDESEN-WATERPR (6-12)937-9666
TODD R. BREDESEN
WATE.RPRO SUPPLIES CORPORATION
15801 WEST 78TH STREET
EDEN PRAIRIE MN 55344
(612)937-9888 (800)752-8112
FAX: (612)937-8085
11-3-92
REPORT ON APPLE VALLEY, MN. METER SURVEY
When Neal Heuer, Apple Valley, Minnesota's Water Superintendent,
suspected he had a problem with water accountability he decided to do
something about it. Mr. Heuer noticed that there were often discrepancies
between the readings between the inside register of his water meters and
the outside remote. He had questions as to how many meters in the system
this affected and how many gallons (dollars) the city was missing because
of this system failure. He decided to survey every water customer in town
by sending out questionnaire postcards. The cards were sent out this p ast
summer and the results are as follows.
-A total of 1 1,000 survey cards were sent out to all the water
customers of the City of Apple Valley.
-4,364 (39.7%) cards were returned to the Water Department.
-Of these cards 3,887 (3S.3%) had a valid response. Some
people had read only one reading, read the gas or electric meter
or even read the meter serial number.
-1 13 (2.9%) had a inside vs. outside discrepancy of more than
100,000 gallons!!!
-89 (2.3%) had inside vs. outside discrepancies between
50,000 and 100,000 gallons!!
-152 (3.9%) had a difference between 20,000 and 50,000
gallons.
-286 (7.4%) had a disparity between 5,000 and 20,000 gallons.
-436 (11.2%) were off between 1,000 and 5,000 gallons.
-2,811 (72.3%) of the responding customers has water meter , o ,btg2
w
Friday, November 6, 1992 12:00:36 AM TODD BREDESEN-WATERPR (612j 937-9666 • �� co,
readings that were inaccurate by 1,000 gallons or less.
--If the mean number in each range class is used to calculate
the amount of water lost the figure is an astonishing
18,1 S 1 ,000 gallons. of unbilled water and sewer revenue! At
todays rates this is a lot of money!!
Mr. Heuer has made some assumptions and conclusions concerning
the results of this survey.
1 j Mr. Heuer feels that the results from unresponsive
customers may have had even a greater degree of
discrepancy. It is assumed that people who had the worst of
the offending meters or who had tampered with their
meters did not send in the response card due to fears of a
high retroactive water and sewer bil!.
2) The generator type meters that were currently being
installed would surely fail at the same rate as the older
meters in the system. In effect the water department was
only perpetuating the situation and could not expect a
solution to this problem by continuing to install generator
type water meters.
3 j The City of Apple Valiey could not consistently document
when these water loss amounts occurred. Consequently,
they have decided to forgo any oackcharge proceedings and
in effect "eat" all of this iost revenue!!
Of course the ultimate solution (and Apple Valley's course of act: on)
to this "dual reading" problem is to install Sensus Touchread 0 meters. In
a related incident, the Municipal Utilities of the City of Austin, MN.
recently replaced 2600 generator outside remotes. These remotes failed
for various reasons but primarily because the offending manufacturers
blue decal on the inside of the remote lens warped during normal
environmental conditions and prevented the odometer counter
rn
advancing. Many of these outside remotes have been replaced once only to
fail within the ver y next year!!! The meter foreman, Rod Kinney refuses to
install any more of these generator remotes because ":f you can't trust
them, why put them in"? The solution again is Sensus Touchread 'S type
meters to totally eliminate the "Inside vs. outside" reading dilemma. �6,
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BIOOMWOU City Council votes� -;
ay for building •ice
rink
top _...:.
Bloomington likely will have a new Olympic -size ice ".in
operation at BloomingtonIce Garden by next fall after City Coun-
cil members voted 5-1 to back it finaneially..-,
The vote gives the OK to sell $i million in bonds: backed by
revenue from ice time fees,,use $500,000 from the.cit ., recrea-
000 from the.city capital im
tional •fund, and ice, � construction oos��a^��
fiord to pay 4he anticipated $4.22 exisluig =two .
The new are ► vGllabe-built Supparters �;ted '�•:.new rink..; Fy
Bloomington' . ceriied abou ph�er the rink'
ticihut others'were`con t.
' generate enough T6 --MY to Pay officials expe�t that the;1w
.But city recreational and ti. demand for ice time.ex;
an hour ice -time. fee; combined wi
surroun�g
Co _
Y in BloomingtM and
will generate payments.
Construction nough is-expeconey for bond ted to start next spring. •�
�
elm o -6,92
BASSETT CREEK WATER MANAGEMENT COMMISSION • crystal
• Golden Valley
Curtis A Pearson. Attorney Leonard Kremer, Engineer • Medicine Lake
1100 1st National Bank Place West Barr Engineering Comparry • Minneapolis
Minneapolis, Minnesota 55402 7803 Glenrcy Road • Minnetonka
(General Address) Edina, Minnesota 55435 • New Elope
Phone: 612/338-4200 Phone: 612/830-0555 • "uth
October 30, 1992 0Robbinsdale
• St. Louis Park
City Managers or City Clerks and
Bassett Creek WMO Commissioners E'
Re: Hennepin County Ground Water 6an�j\*
1
Greetings:
At the last Bassett Creek Water Management Commission meeting on
October 15, 1992, the Commission appointed a committee to meet and discuss
the ramifications of the Hennepin County Ground Water Plan. This is a very
large book which was originally submitted to many of the cities back in May
of 1992 and has been officially submitted by the Hennepin Conservation
District under date of October 7, 1992. The cities and the water
management organizations have 60 days to comment. The plan will then be
presented to the Metropolitan Council, other state agencies, and
eventually the Board of Water and Soil Resources. If the plan is approved
by BWSR, it is then returned to Hennepin County to be adopted within 120
days.
The purpose of this communication is to call your attention to what
may be a very costly program for the local municipalities. The County has
recommended that a joint powers group be formed consisting of all the
municipalities in Hennepin County. The County will then rely on the local
municipalities to enforce and implement the plan.
On October 27, 1992, the committee consisting of Fred Moore of
Plymouth, David Sonnenberg of Minnetonka, consulting engineer Len Kremer,
commission attorney Curt Pearson, and Don Rye of St. Louis Park met and
discussed the plan. We have a number of concerns which we wish to call to
your attention and suggest that you follow through with your municipalities
and your various department heads who may be affected. Some of the
concerns discussed by the committee are as follows:
1. It is our belief that uniform standards should apply
throughout the state and certainly throughout the metropolitan area.
Breaking plans down by individual counties is not the most sensible manner
of trying to regulate and implement a ground water plan. Ground water is
not controlled by county -or WMO borders.
2. The committee clearly felt that a state agency rather than
the county should be in charge and that St. Paul, Minneapolis, and all the
different outstate counties should not have different rules. There should
be a uniform set of standards and a uniform policy controlled and enforced
by an appropriate state agency."
3. Cost implications have not been reviewed in any detail. A
couple of the communities have done preliminary studies and f ind that the
original cost to begin implementing this plan will run in the $100,000 to
$200,000 range. The committee felt that maps should be supplied showing
overlay districts and what lands are involved and affected by the
regulations. There undoubtedly will be legal questions relating to the
taking of certain lands if they are placed under unreasonable restrictions,
and undoubtedly many lands will be placed in a non -conforming status as a
result of the regulations. The committee generally felt there has not been
sufficient time to study the ramifications and again is concerned that many
of the municipalities may have put the plans on the shelf and not gone
through a review as to how the mechanics of the plan will affect the
individual municipalities. The committee also came up with the question
that affects each of our member cities on a constant basis,
SHOULD ALL THE COSTS OF IMPLEMENTING THIS COUNTY -MANDATED PLAN
FALL ON THE LOWEST LEVEL OF GOVERNMENT WHICH ALREADY IS INCURRING
SEVERE FINANCIAL PROBLEMS?
Your cities are going to be faced with significant costs when this plan is
adopted.
4. The proposal calls for a joint powers agreement between
all the cities in Hennepin County. What happens if some cities do not agree
to enter into the joint powers agreement? What amount of discussion or
thought has gone into these organizational problems?
5. The Hennepin County Ground Water Plan has many sections
and needs to be reviewed by your planners, your engineers, and your
community development departments, and eventually the cost implications
will have to be discussed with your finance director. The committee does
not have facts or information at the present time to advise you of the
ramifications of adoption and implementation of the plan. We do know that
it will add some expense to the Bassett Creek WMO, but we believe that most
of the costs will.fall on the local municipalities.
6. The committee is concerned that a total review and
understanding of the plan be accomplished as soon as possible. Mr. Kremer
was authorized and directed to confer with the technical advisers of other
watershed and water management organizations in Hennepin County and to try
to organize a thorough review by the technical staff in a very expeditious
manner. Upon completion of that review and some organization to the
process, it may be necessary that a meeting be called of city managers,
councilmembers, planners, engineers, and/or other involved municipal
officials.
om a "6 `A
-- %S C,
At the conclusion of the meeting, I was directed to prepare a report
from the committee to the city managers and to the commissioners setting
forth our discussion and trying to emphasize the importance of this plan and
the many ramifications which may result to our commission. We also
discussed whether there is an organization of Hennepin County
municipalities which could study or become involved in commenting on the
plan. It is our concern that if this is approved without adequate study or
review, many of our municipalities are going to be extremely surprised by
some of the regulations and by the process and the responsibilities which
are being placed on the cities. The committee is subject to being called
for additional meetings as we obtain information from our engineering
staff, and if not the item will be discussed at the regular Commission
meeting on November 19. The committee again wishes to emphasize that the
main purpose of this communication is to alert you to the plan and to
strongly suggest that you spend some time with it at this time to ascertain
the.implications on your individual city.
Respectfully submitted,
00
��-
Don Rye'
Committee Chairman
DR:lh
Ott %UJ "6',
October 30, 1992
In PCI*TvF
PLYMOUTIF
SUBJECT: WESTON LANE STORM DRAINAGE IMPROVEMENTS
CITY PROJECT NO. 130
Dear Resident:
In order to relieve flooding problems of two houses east of Weston Lane
and south of County Road 6, the City has prepared atom drainage
improvement plans which affect the Chelsea Woods and Chelsea Mews
developments. The plans were prepared by the City's engineer,
Bonestroo, Rosene, Anderlik and Associates, Inc., and approved by the
City Council. A contract was awarded to Ford Construction Company, Inc.
at the October 26, 1992 City Council meeting.
In order to alleviate the flooding problem on Weston Lane, the
contractor will be replacing two existing storm sewer pipes and
reestablishing a berm along the north side of Chelsea Mews. The
existing 18 inch concrete pipe under Yuma Lane between 15th and 16th
Avenues will be replaced with a 36 inch concrete pipe. Further
downstream south of 18th Avenue and west of Black Oaks Lane the existing
27 inch metal pipe will be replaced with a 36 inch concrete pipe. In
addition, the existing berm along the north side of Chelsea Mews
adjacent to the outlet of the pond in the Steeplechase development will
be reshaped and a rock basket overflow constructed at the outlet. The
pond elevation will not be raised as a result of this improvement.
The contractor would like to begin work the first week in November on
Yuma Lane replacing the culvert crossing. This will entail closing Yuma
Lane between 15th and 16th Avenues for several hours during the mid
portion of the day. The contractor is estimating five days to complete
the culvert replacement.
The next work item scheduled by the contractor is the replacement of the
27 inch culvert with the 36 inch concrete pipe south of 18th Avenue.
Along with the culvert replacement a concrete skimmer structure will be
constructed at the upstream end of the new 36 inch pipe.
The schedule for the reconstruction of the berm along the north side of
Chelsea Mews is scheduled to take place during the month of November as
material removed from the pipe construction would be used in the berm.
The schedule for this work is indefinite at this time due to concerns
with access and tree removal. If the berm work is not completed this
year, it would be constructed in the spring of 1993 or possibly deleted
from this contract.
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 30, 1992
Page Two
The project is scheduled for completion on or before November 30, 1992.
Due to the time of year for this project, weather may inhibit this
schedule and if it is not possible to complete this year, the project
will be completed in early 1993.
If you have any questions about the Weston Lane Storm Drainage
Improvement Project, please contact the Engineering Division at 550-
5070.
Sincerely, �Q
L a"�J -
Daniel L. Faulkner, P.E.
City Engineer
DLF:kh
CC: Fred G. Moore, Director of Public Works
Frank Boyles, Acting City Manager
�M:- ts-e
October 30, 1992
Vernon Peterson
17425 County Road 47
Plymouth, MN 55446
6
CIN OF
PLYMOUTFF
SUBJECT: USE OF CITY BRUSH DISPOSAL FACILITY
Dear Vernon:
At their October 26 Plymouth Forum, the City Council considered your request for:
1. Reimbursement of disposal fees you incurred because the refused to accept brush from you.
2. That the City allow you to dispose of brush at the site.
The City Council took the following action. They authorized reimbursement you for the $36.06 dump
fee you incurred from August 1, 1992, and the $32.40 dump fee you incurred approximately August
22, 1992.
With respect to future brush disposal at the city facility, the Council asked that you call Fred Moore
(550-5080) Rdorr to loading the truck at your home so he can inspect the origin of the brush. Once
Fred has confirmed that the source is your property and non-commercial, the brush,would be driven to
the site that day.
I believe that this is an amicable means of resolving your concerns. Let me know if you have any
questions by calling me at 550-5013.
I have asked the Finance Department to send you a check for the total amount shown above. You
should be receiving that in the next two weeks.
Vern, thanks for taking the time to express your concerns to the Council. I hope that your daughter is
feeling better!
Sincerely,
14
Frank Boyles
Acting City Manager
FB:keb
cc: Dale Hahn, Finance Director
Fred Moore, Public Works Director
Mayor & City Council
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
ROBERT I.. CROSBY
LHONARv DI. ADDINGTON
ROBERT R.BAIt'I'll
N. WALTER GRA FF
ALLEN D. BAUNARD
RICHARDA. PETERSON
ROBERT J. CHNISTIANSON,JI2
FRANK J. WA L'L
FRANK VOOL
MARINUS W. VAN PUTTEN, JR.
DAVID B. MORsE
JOHN A.BURTON, JR.
JAMES C. DIRACLES
ROBERT L.MELLER,JR.
SCOTT D. ELLER
BEST & F LANA GAN
ATTORNEYS AT LAW
CHARLES C.BER011IST
GROUGH O. LUDCKE
E.JOSEPU LARAVE
GREGoNY D. SOULE
CATHY li. GOUI.IN
PATRICK 11. HENNESSY
TIMGTIIY A.SULLIVAN
TAMMY L.PUST
BRIAN F. RICE
TRACY J. VAN STP.ENDURGII
DAVID J. ZUDKE
STEVEN R.KRUGER
JAMES P. N11CUELS
PAUL EAUMINSKI
0500 IDS CENTER
80 SOUTI-I 8TI1 STREET
MINNEAPOLIS MN 55402 - 2113
TELEPHONE (612) 339-7121
TELECOPIER (612) 339-5897
October 30, 1992
Mr. Kenneth E. Raschke, Jr.
Assistant Attorney General
525 Park Street, Suite 200
St. Paul, Minnesota 55103-2106
DANIEL R. W. NELSON
CINDY J. LARSON
JOHN P. BOYLE
Ross C. FORMELL
CARYN SCHERD GLOVER
SARAH S.GODFREY
MARY E.SHEAREN
CATHERINE J. COURTNEY
KEITH J. NEISEN
TRACY F. KoCHENDORFER
JEANNLCE M. REDING
SARAH CRIPPEN MADISON
ROBERT D. MAHER
DAVID H.JoHNsox
Re: City of Plymouth/Salary Limitation Issue
Dear Mr. Raschke:
OF COUNSEL
JOHN R.CARROLL
JAMES D. OLSON
ROBERT M. SKARE
ARCHIBALD SPENCER
CHARLES S. BELLOWS
WARD B. LEWIS
JAMES I. BEST
EIDE-100tl
ROBERT J. FL.ANAGAN
IfM-1074
Thank you for your letter of October 26, 1992 requesting
clarifications and additional information on our request for your
office's interpretation of whether pay for unused vacation is
"salary" for purposes of the employee salary limitation of
Minnesota Statutes Section 43A.17, Subd. 9. The billing
arrrangement you referred to in your letter is acceptable to the
City, and your assessment should be sent to me.
You have requested further explanation of the circumstances
under which Willis was paid amounts exceeding the salary
limitation. The excess compensation resulted from the City
providing Willis with use of an auto and a $450,000 universal life
insurance policy of which Willis was the beneficiary. The annual
premiums on said policy were $26,218. Willis has repaid to the
City the amount which was determined to have been in excess of the
permissible amount, approximately $25,000.
In my previous letter, I indicated that the City anticipated a
request from Willis for payment for unused vacation. Willis has
now made that request, by letter dated October 20, 1992, a copy of
which I enclose. The City has calculated that Willis had 42.6825
vacation days remaining unused as of his resignation, resulting in
a total claim of $14,249.40.
ray N�1 "6'9$
Mr. Raschke
October 30, 1992
Page 2
I}
Finally, I apologize for the oversight in failing to include
the enclosures referred to in my prior letter. They were sent by
separate letter a few days later, but they apparently never
reached you. I have enclosed additional copies.
Thank you for your assistance in this matter. Since Willis
has now requested payment for his unused vacation days, I would
greatly appreciate your opinion on the question raised in my
previous letter as soon as possible. Please call if you have any
questions.
RCF/jhc
Enclosures
cc: Mr. Frank Boyles, City Manager
Mr. Kim Bergman, Mayor
Plymouth City Council Members
Dayle Nolan, Esq.
5795P
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' ce ly,
rt L. Meller, Jr.
Plymouth City Attorney
ro NN . on
October 28, 1992
Commissioner Judy Makowske
Hennepin County Government Center
2400 Administrative Tower
Minneapolis, MN 55487
SUBJECT: THANKS
Dear Commissioner Makowske:
CIN OF
PLYMOUTF+
=-VsCJ
We wanted to take a moment to express our thanks to you for expediting the Plymouth
Community Library project. We were especially impressed with your flexibility in accepting
new site once it became apparent that it would be of great financial benefit to the taxpayers.
Thank you as well for your prompt consideration and passage of the real estate purchase
agreement.
The fact that we are now well on our way toward a community library for Plymouth is largely
due to you. Keep up the good work.
Sincerely,
Kim M. Bergman
Mayor
Joy/Tierney
Councilmember
John Edson
Councilmember
Maria Vasiliou
Councilmember
Carole Helliwell
Councilmember
61M 0 -6*
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 28, 1992
Commissioner Tad Jude
Hennepin County Government Center
2400 Administrative Tower
Minneapolis, MN 55487
SUBJECT: THANKS
Dear Commissioner Jude:
CIN OF
PLYMOUTft
=• M q,
We wanted to take a moment to express our thanks io you for expediting the Plymouth
Community Library project. We were especially impressed with your flexibility in accepting
new site once it became apparent that it would be of great financial benefit to the taxpayers.
Thank you as well for your prompt consideration and passage of the real estate purchase
agreement.
The fact that we are now well on our way toward a community library for Plymouth is largely
due to you. Keep up the good work.
Sincerely,
Kim M. Bergman John Edson Carole Helliwell
Mayor Councilmember Councilmember
Joy Tierney
Councilmember
�-R
Maria Vasiliou
Councilmember
CMA NOV -6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
J
Joy Tierney
Councilmember
�-R
Maria Vasiliou
Councilmember
CMA NOV -6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 28, 1992
Commissioner John Keefe
Hennepin County Government Center
2400 Administrative Tower
Minneapolis, MN 55487
SUBJECT: THANKS
Dear Commissioner Keefe:
CIN OF
PLYM0UTft
0
We wanted to take a moment to express our thanks to you for expediting the Plymouth
Community Library project. We were especially impressed with your flexibility in accepting
new site once it became apparent that it would be of great financial benefit to the taxpayers.
Thank you as well for your prompt consideration and passage of the real estate purchase
agreement.
The fact that we are now well on our way toward a community library for Plymouth is largely
due to you. Keep up the good work.
Sincerely,
Kim M. Bergman John Edson
Mayor Councilmember
Joy Tierney
Councilmember
Maria Vasiliou
Councilmember
Carole Helliwell
Councilmember
ciM NOV —6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
October 28, 1992
Robert Rohlf, Executive Director
and Members of the Library Board
Hennepin County Library
12601 Ridgedale Drive
Minnetonka, MN 55343
SUBJECT: THANKS
Dear Bob and Members of the Board:
CIN OF
PLYMOUTF+
We appreciated the opportunity to meet with you on October 26 to get reacquainted and
discuss the Plymouth Community Library project. We are excited by the prospect that a
library will finally become a reality in Plymouth within the next two years.
We look forward to a long cordial and productive working relationship together. Thanks again
for your continued efforts on behalf of Plymouth taxpayers and citizens of this region.
Sincerely,
Kim M. Bergman John Edson Carole Helliwell
Mayor Councilmember Councilmember
Joy Tierney Maria Vasiliou
Councilmember Councilmember
�-R
W o -6'91
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
November 4, 1992
Mr. David Anderson
450 Harbor Lane
Plymouth, MN 55447
CIN OF
PLYMOUTf+
SUBJECT: YOUR AUGUST 28, 1992 LETTER
Dear Mr. Anderson:
In August you wrote a letter to the City regarding a fence permit you received. As part of that
letter, you expressed concerns which I referred to City Engineer Dan Faulkner.
I am embarrassed to say that I misplaced Mr. Faulkner's response to your letter and only
recently retrieved it. I am attaching a copy of Dan's response.
I apologize for the delay_ The fault is totally mine. If you have any questions about Dan's
letter, feel free to call him at 550-5071.
FB:keb
cc: Dan Faulkner, City Engineer
GO 0.6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
September 14, 1992
Mr. David Anderson
450 Harbor Lane
Plymouth, MN 55447
Dear Mr. Anderson:
CIN OF
PLYMOUTFF
I am responding to your August 28, 1992 letter to Myra Wicklacz in which you
express concerns about the curb and gutter adjacent to your property, and
sewer and water information you received from the Engineering Division. I
have researched your concerns and will attempt to clarify what happened
approximately two years ago.
The concrete curb and gutter at the southwest corner of your property has
evidentially settled which causes water to pool in the street. This section
of curb and gutter was constructed by the developer as part of his required
public improvements with the development. My staff has recently taken survey
elevations of the gutter line in this area and it appears that the curbing can
be sufficiently raised in the low area to,provide adequate drainage. We have
notified the developer, Hans Hagen Homes, Inc., of this condition, and this
problem will be resolved in the near future.
The second item of concern you expressed in your August 28 letter indicates
that the City Engineer gave your plumbing contractor incorrect information on
the location of the water and sewer service line stubs for your property. I
was not involved with this request but members of my staff did assist your
contractor. At the time your plumbing contractor requested information from
the Engineering Division we had not received as -built plans from the
developer's engineer on the location of sewer and water service lines. In
conferring with my staff on this information request, which was approximately
two years ago, they recall that there was not a confirmed location of the
service lines. They did share the construction plans, as prepared by the
developer's engineer, with your plumbing contractor which showed the possible
location of service lines. These plans included a note to "verify location"
in the field. Evidently that location as shown off Harbor Lane was incorrect
and the services for your lot were to come off 4th Avenue.
The proper location was field verified by my inspector to assist your plumbing
contractor. I apologize, for the confusion and additional expense incurred,
but my staff had not yet received the as -built plans and the construction
plans were of poor quality. Any reimbursement that you seek for additional
costs incurred should be requested of either the developer or his engineer.
clM NfN "6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
Mr. David Anderson
September 14, 1992
Page Two
Thank you for bringing the street drainage problem to my attention, and if I
can be of further assistance, please contact me.
Sincerely,
60'jl- 4a-'U�
Daniel L. Faulkner, P.E.
City Engineer
DLF:do
cc: Fred G. Moore, Director of Public Works
040 -6
August 28, 1992 "
Myra Wicklacz
3400 Plymouth blvd.*
Plymouth, MN 5544'7
f -
SUBJECT: Your letter dated August 14th
Dear Miss. Wicklacz,
Let'me,say that I was both surprised and shocked to receive your letter
regarding an inspection of a fence under construction on my property.
First, sense there was no indication in the permit application that any
inspections would be required*or performed. Second; sense this -fence is
still under construction I question how it can,be correctly inspected to
be as it would be in its final form. I don't believe any structure under
construction would appear to an inspector ag it does when it -is completed.
Let me also say -that the fence board material that was purchased for this
project is 'standard commercial dog ear cedar boards lx6x6'. It is also my'
intent to construct the fence as close as possible to.the approved plan
considering the -circumstances.
Now sense I have taken the time to respond I do have a few questions I
hope you can answer.
The new cement curb & gutter at the corner of,my property that I was
'assessed for was constructed incorrectly it-ghich allows improper drainage
and large pooling of water every time it rains. When will this be
corrected?
The city engineer incorrectly told the plumbing -contractor w)1ere to
connect the water and sewer line for my house.:This resulted in an extra
charge of $495.00 to dig two.sewer line trenches.plus $195.00'for _
additional driveway fill :sense the -first incorrect trench cut across my
drive way.. When will this money be reimbursed to me?'
When the city.charged me $363.03 for a plan cheok' it failed to check among
other things that the survey called for a five course block walkout and
the pian called *for a six course block walkout**The •failure to-check'this
and then later.identify it during constructions cost me thousands of.
dollars in corrections and alterations'to the plan. When will this•moriey•
be -'reimbursed to me
Please take the necessary action to correct ebur mistakes and errors of
the items listed above. It may also be appropriate to'notify people in
advance•of•any inspections valid or'not so that the status'of a•project
can be determined before'wasting the citizens of Plymouth time and•,money.
TrulConcern d,
' • Homeow er
cc.: Honorable Mayor Bergman •
.0;
�t
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: September 2, 1992
TO: Frank Boyles, Acting City Manager
FROM: Myra Wicklacz, Development Services Technician'through C a E.
Dillerud, Community Development Director
SUBJECT: LETTER RECEIVED ON AUGUST 31, 1992
I'm assumfing that the letter the Mayor and I received is from a David
Anderson of 450 Harbor Lane. I too did not receive any return address. Mr.
Anderson applied for a fence permit, which was approved, to install a fence on
his property on June 15, 1992.
On June 29, 1992 a complaint was received regarding Mr. Anderson's
construction of the fence. The complainant indicated that a 6 foot high fence
was being constructed in his front yard and possibly into the public right-of-
way along 4th Avenue and Harbor Lane. The complainant also questioned why the
property owner was not required to have a railing around a deck that was also
being constructed on the property and why they were allowed to construct a
porch in the front yard area.
I indicated to the complainant that a -fence permit had been approved and that
it indicated there would be no fence exceeding 3 feet in height in the front
yard (which would be setback 35 feet from the corner property lines.) I also
indicated that there had been a permit issued for a deck but it had not been
final inspected, therefore it was my understanding that the deck was not
complete and there would eventually be a railing on the deck to meet code. I
also indicated to the complainant that based on the survey the porch that was
located on the side of the house met with all front yard setbacks per the
approved survey and building plans received by the City.
Since the complainant indicated that the fence was still also under
construction, I let them know that we would look at the fence in 30 days to
see how it was progressing.
On July 27, 1992 I received another anonymous complaint about the fence (same
as above). On July 31, 1992 Bill Tonn inspected the property and found that
the fencing in the front yard setback did not exceed 3 feet in height and it
did not appear to encroach the public right-of-way. However, he also found
�11� Nth --6
Page Two
Anderson Letter
that the fencing on the north and east propertylines (in the rear and side
yard) exceeded the 6 foot maximum allowable height above grade. The fence
measured from 6 feet 8 inches up to 7 feet 5 inches in height above grade in a
number of locations.
On August 14, 1992 I sent a letter to David Anderson indicating that based on
our inspection we had noted that the fence exceeded the 6 foot maximum height
from grade in a number of locations. In my letter I gave Mr. Anderson 15
calendar days from the date of the letter to correct the violation. Our staff
was scheduled to reinspect the property this week.
As with any permit or complaint regarding possible code violation, an
inspection is usually conducted to verify the existing condiftions with the
Plymouth Zoning Ordinance or City Code. In this case Section 10, Subdivision
D of the Plymouth Zoning Ordinance does not allow a fence to exceed 6 feet in
height from grade in the side or rear yard.
In regard to the other items that Mr. Anderson addresses in his letter I am
not personally aware of any of the items he addresses, and I feel these should
be pursued through the appropriate Departments. If you would like me to put
them on Inquiry Tracking System I will do so, otherwise I imagine you will
pursue these with each department. I hope this answers all your questions, if
not let me know.
cc: File 33-41-0058
nu/mw/boyles
o 0 -.6,11
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447
DATE: September 4, 1992
TO: Joe Ryan d Fred Moore r
FROM: Frank Boyles, Acting City Manager 1
SUBJECT: AUGUST 28, 1992 LETTER FROM DAVE ANDERSON
The attached letter from Dave Anderson, 450 Harbor Lane, expresses a number of
concerns. The first concerns have to do with a fence permit he received. Myra
Wicklacz has responded to these comments.
The second concerns are about curb and gutter installation near his home, sewer and
water line connection location information, and plan check accuracy.
Please review the items in your respective areas and share your findings with me so
that we can respond to Mr. Anderson. Attached is a copy of his letter.
FB:kec
cc: S.F. 9/11/92
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WA,:,
MEMO '4V -Y6 lvt- r .
CITY OF PLYMOUTH ��ZA
3400 PLYMOUTH BOULEVARD PLYMOUTH MN 55447
DATE: September 4, 1992
TO: Toe Ryan an red Moore �y
FROM: Frank Boyles, Acting City Manager 1 \
SUBJECT: AUGUST 28, 1992 IH= FROM DAVE ANDERSON
The attached letter from Dave Anderson, 450 Harbor Lane, expresses a number of
concerns. The first concerns have to do with a fence ' permit he received.. Myra
Wicklacz has responded to these comments.
The second concerns are about curb and gutter installation near his home, sewer and
water line connection location information, and plan check accuracy.
Please review the items in your respective areas and share your findings with me so
that we can respond to Mr. Anderson. Attached is a copy of his letter.
FB:kec
cc: S.F. 9/11/92
tv� 0 "b'9L
August 28, 1992
Myra Wicklacz
3400 Plymouth blvd.
Plymouth, MN 55447
SUBJECT: Your letter dated August 14th
Dear Miss. Wicklacz,
Let'me,say that I was both surprised and shocked to receive your letter
regarding an inspection of a.fence under construction on my property.
First, sense there was no indication in the permit application that any
inspections would be required•or performed. Second'; sense this -fence is
still under construction I question how it can,be correctly inspected to
be as it would be in its final form. I don't believe any structure under
construction'would appear to an inspector as it does when it -is completed.
Let me also say -that the fence board material that was purchased for this
project is standard commercial dog ear cedar boards 1;6x6'. It is also my'
intent to construct the fence a.s close as possible to the approved plan
considering the circumstances.
Now sense I have taken the time to respond I do have a few questions I
hope ,you can answer..
The new cement curb & gutter at the corner of my property- that I was
assessed for was constructed incorrectly which allows improper drainage
and large pooling of water every time it rains. When will this be
corrected?
The city engineer incorrectly told the plumbing contractor where to
connect the water and sewer line for my house.:This resulted in an extra
charge of $495.00 to dig two.sewer line trenches.plus $195.00'for _
additional driveway fill 'sense the•first incorrect trench cut across my
drive way.. When will this money be reimbursed to me?*
When the city.charged me $363.03 for a plan cheok it failed to check among
other things that the survey called for a five course block walkout and
the plan called*for a •six course block walkout.• The •failure to• check_this
and then later.identify it during constructions cost me thousands of.
dollars in corrections and alterations'to the plan. When will this'moriey
be-'reimbur'sed to me
Please take the necessary action to correct your mistakes and•errorsof
the items listed above. It may also be appropriate to notify people in
'. advance.of•any inspections valid or'not so that the status -of a•project
Gan be determined before'wasting the citizens of Plymouth time and'.money.
Trul Concern d, -
Homeow er
cc•: Honorable Mayor Bergman* N1 �`
VA i
Kraig C. Gerdes
Director of Public Safety
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
November 2, 1992
Craig,
'N,6 "-,,,,,o M-
I would like to thank you, Sgt. Joel Franz, and Sgt. Larry Holzerland for contacting me immediately
following the suicide of a student at Wayzata East Junior High. When a tragedy of this magnitude occurs,
it is extremely important that school personnel have the time to put in place a response system that is
prepared to handle the shock and grief that follows. Your willingness as well as the willingness of the
other officers to share information, offer assistance, and provide support is appreciated and respected.
As you may already know, by the time students arrived on Thursday, staff was informed, a plan for
talking with the four boys and their parents had been formulated, an announcement written, support
groups established, a counselor assigned to follow Jason's schedule, a plan for handling the media, other
schools informed, and additional district resource staff brought in to the building. While the general public
may have no idea the amount of planning and caring that goes into developing a plan in response, I am
grateful that you and your officers understand the importance of having the time to put in place the
district's response system.
Please pass my gratitude on to both officers as well as to any other staff who played a role in assisting us.
It is a pleasure to work with such a professional group.
Sincerely,
Gary L. Swedberg
Chemical Health Coordinator
Wayzata Schools
C: Dr. David Landswerk, Superintendent
Dr. John Greupner, Wayzata East Principal
Mayor Kim Bergman, City of Plymouth
CIM NOV 6'92
DISTRICT ADMINISTRATIVE OFFICES 210 NORTH COUNTY ROAD 101 P,O. BOX 660 WAYZATA, MN 55391-9990 (612) 476.3100 FAX: (612) 476.3214
November 5, 1992
Senator Patrick McGowan
129 State Office Building
St. Paul, MN 55155
CIN OF
PLYMOUTF+
SUBJECT: COSTS ASSOCIATED WITH ABSENTEE VOTING
Dear Senato cGowan: �Q
Minnesota and our metropolitan area in particular, have established a nationally recognized
trend for turning the most voters out at the polls. The Secretary of State has made every effort
to facilitate easy registration and balloting for our citizens.
More recently, the rules associated with absentee balloting have been liberalized so that
virtually no reason is required to use absentee voting. Because of this fact, Plymouth
processed 2,700 absentee ballots this year. This compares to less than 500 in previous years
when absentee ballots were used for people with a bona fide reason for not being at the polls.
We certainly are pleased that more people are taking the time to come out and vote. What we
are concerned with, however, is the fact that this practice has resulted in escalating local
government costs. Even though more people are availing themselves of absentee voter's
rights, it is still necessary for us to have a complete complement of election judges at the
voting places on election day in order to assist voters and process absentee ballots.
Consequently, we pay twice for this service. In order for us to assist absentee voters, we
required the addition of four persons to our staff on a temporary basis prior to the election.
We seek your support in helping us to the best of your ability to control escalating
expenditures in this ar%a.
Frank yle
Actingw.itf Manager
FB:keb
GIM 0 "6'92
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000
V
a Mailing List
Senator Patrick McGowan
129 State Office Building
St. Paul, MN 55155
Representative Ron Abrams
Room 209 State Office Building
St. Paul, MN 55155
Representative Peggy Leppik
225 State Office Building
St. Paul, MN 55155
Representative Warren Timmer
Room 301 State Office Building
St. Paul, MN 55155
GIM