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Council Information Memorandum 02-14-1986
A01 CITY OF PLYMOUTR CITY COUNCIL INFORMATIONAL MEMORANDUM February 14, 1986 UPCOMING MEETINGS AND EVENTS..... 1. CITY OFFICES CLOSED -- Monday, February 17. City offices will be closed in observance of Presidents' Day. 2. JOINT COUNCIL/ PLANNING COMMISSION -- Thursday, February 20, 6:00 p.m. A joint meeting of the City Council and Planning Commission will be held in the Council Chambers. 3. NEXT COUNCIL MEETING -- The Council will meet on Monday, February 24 or its next special Council meeting. Prior to the Council meeting, a joint Council/staff dinner meeting will be held at 6:00 p.m. 4. MEETING REMINDERS: a. N.W. Suburbs Legislative Breakfast -- Saturday, February 15, 8:00 a.m., Brooklyn Park Community Center. Agenda attached. (M -4a) b. Hearing Regarding Dispersal of Group Homes -- Wednesday, February 19. Municipal officials of Hennepin meet to discuss Hennepin County Plan regarding dispersal of group homes. Meeting notice attached. (M -4b) b. Metro Council - State of the Region Meeting -- Wednesday, February 26, 2:00 p.m. The Metropolitan Council State of the Region meeting will be held at the Amf ac Hotel, Minneapolis. c. PRAC Seminar -- Thursday, March 13, 6:00 p.m. The Park and Recreation Commission meet with Paul Fjare, Brauer and Associates in the City Council Chambers. 5. MARCH CALENDAR -- A copy of the March meeting calendar is attached. M- 5 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY COUNCIL February 14, Page Two INFORMATIONAL MEMORANDUM 1986 FOR YOUR INFORMATION..... 1. OPEN MEETING LAW -- Councilmember Zitur has asked that I provide the Council with information with respect to the Minnesota Open Meeting Law. I am attaching two items for your information. The first is an abstract from the League of Minnesota Cities publication, "Handbook for Minnesota Cities" dealing with meetings. The second is a memo from the City Attorney which addresses one of the more recent Supreme Court cases dealing with this subject. This case is also referred to in the League extract. The Open Meeting Law essentially states that all meetings of the City Council must be open to the public with very limited exceptions. _ A meeting is defined as a "quorum of the members of the unit or committee which is acting on matters on behalf of the Council". For example, a meeting of the City Council Special, Assessment Committee of two council members would be deemed to be a public meeting. Regular gatherings of the City Council would be defined to be public meet- ings if three members of the City Council were present. The primary purpose of the Open Meeting Law is, of course, to assure that the public's business is conducted in public. That is the spirit and intent of the law and should continue to be the overriding consideration when considering whether or not a meeting should be "open". The City Attorney can provide further clarification or amplification on the statute or case law if the Council desires. (I-1) 2. FIRE RELIEF ASSOCIATION ANNUAL MEETING -- The Fire Relief Association held its annual meeting this past Wednesday evening. The Bylaws of the Association provide that the Mayor, City Manager, and Finance Director are members of the Board of Trustees. Mayor Schneider, Lloyd Ricker and I were in attendance at the meeting. The area of primary discussion and concern during the lengthy meet- ing was the Association's bylaws. A committee of the Association had recommended changes in the bylaws which would provide for an optional lump sum disability pension benefit under certain circum- stances. Essentially the provision which was approved provides that a firefighter who is permanently disabled as a result of fire- fighting activities, and who has a vested interest in the pension system (minimum 10 years service), may elect a reduced lump sum pension benefit. The benefit has been actuarially determined to reflect a pay out of that individual member's vested interest. More discussion centered around a proposal to eliminate a provision for "double dipping" which exists in the present bylaws. Attached is a memo Mayor Schneider and I presented on this subject. Follow- ing discussion, the proposal to amend the bylaws to eliminate the current prohibition on "double dipping" was defeated on a vote of 35 to 11. The question of "double dipping" arises because some members of the Fire Relief Association are members of the Public CITY COUNCIL February 14, Page Three INFORMATIONAL MEMORANDUM 1986 Employees Retirement Association (PERA). Once a firefighter has earned a threshold amount, either on a monthly or annual basis, he is thereafter automatically and permanently a member of PERA. This results in a deduction from his volunteer fire pay equal to 8% of his gross pay. The City is required to match this with a 12% contribution. The Fire Relief Association, a number of years ago, determined that it was not fair to earn two pensions from the same employer for the same work. Accordingly, the membership adopted the language which appears in the current bylaws which prohibits the "double dipping" The language in essence, provides that those employees who are eligible to receive a PERA pension benefit, receive a reduced benefit from the Relief Association in an amount equal to the PERA benefit. The net result, therefore, is that a member who is eligible for a PERA benefit, receives the same gross pension benefits from both the Fire Relief'Association and PERA as a non-PERA member does from the Relief Association alone. The members voted unanimously to approach the legislature to exclude Plymouth firefighters from the PERA system. We support this effort and Mayor Schneider has indicated he will personally work diligently with the Relief Association membership in approaching the legislature to have this law amended. If the law is amended, those members who have previously made contributions to PERA will be able to have those contributions refunded with interest. The membership also elected the following to the Board of Directors: Dave Leuer, President; Dick Begin, Vice President; Rick Luth, Secretary; dim Fournier, Treasurer; Carl Roseland and Stan Scofield. /r 7\ \1-L/ 3. MENDOTA INC. - MOTION FOR SUMMARY JUDGEMENT -- City Attorney dim Thompson has informed us that the request of Mendota, Inc. for a summary judgement has been dismissed by the District Court. The Council will recall that Mendota, Inc. received preliminary plat approval for a proposed development and that at the final plat stage, objected to dedicating certain road rights-of-way. The City brought an action in the District Court to have the court determine whether or not the City had a right to require dedication of the public road rights-of-way. Mendota, Inc. thereafter sought to have the court dismiss the City's action. The court's action in denying this request will provide a means by which the litigation can now proceed to a prompt trial. 4. FRENCH PARK ADVISORY COUNCIL -- Eric Blank has informed me that PRAC has selected Sohn Reed to serve as PRAC's representative to the French Park Advisory Council. Sohn Reed will be joining Councilmember Bob Zitur on this Council to represent Plymouth. CITY COUNCIL INFORMATIONAL MEMORANDUM February 14, 1986 Page Four 5. PLYMOUTH METROLINK - JANUARY REPORT -- displaying our average daily ridership commuter, internal circulator and total January. The second table displays the each service area compared with the target order to have a successful project. Shown below is a table for the commuter/ reverse system for each week of year to date averages in which we must achieve in MONTHLY PLYMOUTH METROLINK DAILY RIDERSHIP AVERAGES BY WEEK BY SERVICE TYPE JANUARY 1986 Total System SERVICE TYPE Commuter/ Internal Total TARGET 377 ~� Reverse Commuter Circulator System WEEK OF: - 29% - 1% 1/1 - 1/4 310 34 344 1/5 - 1/11 369 40 409 1/12 - 1/18 359 37 396 1/19 - 1/25 348 54 402 1/26 - 1/31 367 37 404 ----------------- MONTH LONG ------------------ ------------- ---------------- AVERAGE 351 40 391 YEAR TO DATE Item Commuter/ Reverse Commuter Internal Circulator Total System YEAR TO DATE RIDERSHIP AVERAGE 351 40 391 TARGET 377 ~� 56 394 % OVER/(UNDER) TARGET + 4% - 29% - 1% CITY COUNCIL INFORMATIONAL MEMORANDUM February 14, 1986 Page Five A number of observations are in order: 1. Internal circulator ridership in January averaged 40 passengers per day, which is substantially below the 51 passenger per day average established in January 1985. This reduction in rider- ship can be attributed to the end of the shopping season and the frigid January temperatures. We will monitor ridership care- fully in the future in hopes of regaining previous ridership levels. 2. The commuter/ reverse commuter portion of the service averaged 351 persons per day in January, well above the 307 average posted in January 1985. Frigid weather tends to boost ridership on this portion of the system. 3. Compared with January 1985, total system ridership on average has increased 33 passengers per day or 9.2% from 358 to 391. January 1986 ridership is slightly.under our projected ridership increase of 10%. The good news is that the system overall continues to grow in the face of falling gas prices. DAILY RIDERSHIP AVERAGES BY MONTH FOR CALENDAR YEARS 1984 - 1986 SERVICE TYPE Connuter/ Internal Total Reverse Con •ter Circulator System MONTH: 1984 1985 1986 1984 1985 1986 1984 1985 1986 January 330 307 351 21 51 40 351 358 391 February 310 292 25 50 335 342 March 307 311 25 56 332 367 April 301 295 27 55 331 350 May 295 298 27 36 322 334 June 276 314 41 53 317 367 July 277 297 42 52 319 349 August 266 292 47 57 313 349 September 275 322 32 42 307 364 October 276 312 36 55 312 367 November 271 311 35 57 306 368 December -------------- 265 320 39 52 304 372 YEAR LONG ------------------ ------------------ -------------------- AVERAGE 287 306 36 51 321 357 CITY COUNCIL February 14, Page Six INFORMATIONAL MEMORANDUM 1986 6. DOMESTIC ASSAULT INTERVENTION PROGRAM ANNUAL REPORT -- Attached is a statisical summary of the activities of the Plymouth Domestic Assault Intervention Program for calendar year 1985. The purpose of this project is to prevent repeated use of violence in the family by actively intervening in assault cases to provide information and alternatives to battered women and their assailants, as well as to increase legal control over the assailant. If the Council would like a more detailed presentation about the activities of this program, Bonnie betty, Co -Director, and Ann Marshall, Project Coordinator, have expressed an interest in addressing the Council. (I-6) 7. METROPOLITAN STATE BANK OF PLYMOUTH -- As the Council is aware, on Thursday, February 13 at 11:12 a.m. a robbery occurred at the Metropolitan State Bank of Plymouth. Attached is a copy of the press release issued to the news media by Dick Carlquist. (I-7) S. CIRCLE PARK TRAFFIC -- Last August, Mayor Schneider was contacted by a resident living in the vicinity of Lanewood Lane and 4th Avenue who expressed concern with traffic going the wrong way around Circle Park when coming from 4th Avenue. During August, the Police Depart- ment conducted a special assignment patrol for three days on this one-way street. During this time a total of ten citations were issued; seven of which were for driving the wrong way on a one-way street. A follow-up patrol assignment was conducted on February 6, 7 and 10 in this same area. During this time period no violations were observed. 9. CITIES MILL LEVY COMPARISON & REAL ESTATE ACTIVITY REPORT -- Attached is a report prepared by Scott Hovet, Assessor, comparing mill rates for all cities in Hennepin County. Of the 12 largest cities in the Twin City metro area, Plymouth's mill rate ranks as the 2nd lowest. Also included with Scott's report is a Real Estate Activity Report for 1985 from the Twin Cities Multiple Listing Service showing the average sale price of a single family home in Plymouth increased from $113,100 in 1984 to $115,800 in 1985. (I-9) 10. PLYMOUTH COMMUNITY AWARDS -- As reported previously, the 13th Annual Plymouth Community Awards ceremony will be held on May 6 at the Radisson Inn Plymouth. Awards will be presented to individuals in the following categories: Outstanding Citizen; Outstanding Youth (Junior and Senior High Students); Outstanding Young Citizen (ages 18-30); Outstanding Senior Citizen (age 65+); and Outstanding Educator. If any member of the Council is interested in submitting a nomination for any of the above categories, the attached nomination sheet should be completed and submitted to Sharon Hegele, Is Plymouth Awards Committee, before March 15, 1986. (I-10) CITY COUNCIL INFORMATIONAL MEMORANDUM February 14, 1986 Page Seven 11. MINUTES -- The following minutes are attached for your information: a. Suburban Rate Authority, January 15, 1986 (I-11) 12. DEPARTMENT REPORTS -- The following departmental activity reports for the month of January are attached: a. Police Department (I -12a) b. Fire Department (I -12b) 13. "AN OUTLINE OF CITY GOVERNMENT" -- The attached booklet, "An Outline of City Government", published by the League of Minnesota Cities, is a brief manual for newly elected City officials outlining the powers and duties of the mayor and council member. Mayor Schneider recently received this publication and I ordered additional copies for City Council members. Another publication of the League, "Handbook for Minnesota Cities", provides more comprehensive infor- mation not only on the powers and duties of city officials, but also on the form, structure and operation of Minnesota Cities. A copy of the handbook is on file in the Administration library. 14. DEER TASK FORCE -- The Deer Task Force held its first meeting on February 5, 1986. At this meeting, the Task Force focused on Identifying a specific problem definition to study. They agreed on the following definition: "The problem is the deer herd in Plymouth is increasing and the available habitat is decreasing.". Attached is a memorandum from Dick Carlquist which provides a summary of the meeting. (1-14) 15. TRAFFIC SIGNAL - COUNTY ROAD 6 & FERNBROOK LANE -- In November 1985 the Council requested the Hennepin County Department of Transpor- tation to undertake the necessary studies to determine if a traffic signal was warranted at the intersection of County Road 6 and Fernbrook Lane. The City had previously made this same request in December 1983, and at that time the study concluded that a traffic signal was not justified. In a recent telephone conversation with Dennis Hanson, County Traffic Engineer, Fred Moore was informed that the County has completed the warrant study and concluded that this intersection now satisfies the warrants for a traffic signal. Because of future upgrading when the interchange is built on County Road 6 at I-494, the County is proposing to install a temporary traffic signal similar to those installed on County Road 9 at Northwest Boulevard, Larch Lane and Zachary Lane. The County will be confirming the results of their study by letter. CITY COUNCIL INFORMATIONAL MEMORANDUM February 14, 1986 Page Eight 16. EMPLOYEE COMMUNICATION WORKSHOP -- On February 3 and 4, some 20 City employees from various city departments attended a one -day workshop offered by Munici-Pals dealing with communications with the public. This one day workshop gave employees an opportunity to develop strategies and techniques to improve their ability to communicate effectively. The workshop covered such topics as understanding the public today, working with specific problems confronted daily in the office environment, improving office communications, and developing professionalism in dealing with others. Attendance at this workshop represents our continuing effort to enhance employee skills in working with our customers. 17. CORRESPONDENCE: a. Letter to Mr. Randall Jones, Scanticon Corporation, from Mayor Schneider, thanking Mr. Jones for, Joining city representatives in New York at the Moody's Investors meeting. (I -17a) b. Attached is a reprint of a thank you note from a Plymouth resident received by the Police Department concerning a traffic warning received by the resident's son. (I -17b) c. Letter to Mark McCullough from Blair Tremere, responding to Mr. McCullough's letter of February 6 relative to the proposed sale and development of Outlots B and C of Plymouth Parkview Addition. (I -17c) James G. Willis City Manager JGW:Jm attach 1\--'-10. DATE: February 5, 1986 TO: Richard Henneberger, City Manager of Brooklyn Park James Deane, Mayor of Maple Grove Douglas Reeder, City Administrator of Maple Grove Larry Donlin, Mayor of Minnetonka James Miller, City Manager of Minnetonka Virgil Schneider, Mayor of Plymouth ; James Willis, City Manager of Plymouth William Joynes, City Manager of Golden Valley NES / Tom Aaker, Mayor of Crystal Jack Irving, City Manager of Crystal A40 / Ray Mattson, Mayor of Robbinsdale ` Walter Fehst, City Manager of Robbinsdale Edward Erickson, Mayor of New Hope NC`a Daniel Donahue, City Manager of New Hope Dean Nyquist, Mayor of Brooklyn Center N'r 0 C Gerald Splinter, City Manager of Brooklyn Center FROM: Mayors Jim Krautkremer of Brooklyn Park and Mary Anderson of Golden Valley RE: Meeting Date A meeting has been scheduled with our legislators for Saturday, February 15, at 8:00 AM in the Brooklyn Park Community Center located at 5600 - 85th Ave. North. Several of our communities have done this in the past and we are expanding it to include neighboring cities. We have selected four topics and have asked four legislators to give a five minute introduction on each. lie will then open it for conments and discussion from other legislators and City officials. Time will also he available for other issues to be brought up for discussion. The four issues we have selected and the legislators making introductory renarks are: Fiscal Disparities - Renresentative William Schreiber Tax Increment Financing - Representative Linda Scheid Budget Cuts - Senator Jim Ramstad Highway Funding - Senator William Luther We have called and segt a letter to each of the legislators in all of our districts. We hope rthey will all be able to attend. It might be helpful during the budget cuts discussion for each city to have available the specific impacts of both federal and state actions. We look forward to seeing you on Saturday, February 15 at 8:00 AP1 in the Brooklyn Park Comnunity Center. January 10, 1986 NOTICE OF HEARING REGARDING DISPERSAL OF GROUP HOMES To: Municipal Officials This Notice is being sent to Mayors, Managers, and other administrative staff of munic- ipalities in Hennepin County. It is an invitation to attend a meeting on February 19, 1986 at the Plymouth City Center. The meeting will be held in two periods, from 3:30 P.M. to 5:00 P.M. and from 6:30 P.M. to 8:00 P.M. so all interested parties can attend. The address is 3400 Plymouth Boulevard which is the second stop light west of I-494 on Highway 55. The purpose of the meeting is to gather input from municipal officials about the Hen- nepin County Plan regarding Concentration of Group Homes. That document which was passed by the Hennepin County Board in April, 1985 is based upon Chapter 617 of the 1984 Session Laws. The law requires counties to plan for dispersal of residential facilities to under -served areas and it prohibits the siting of such facilities in over -concentrated areas. The Hennepin County Plan includes a component to seek information from the communities to help the county, the cities, and providers, better understand what neighbors want and need to know about group homes and how best to provide that information. Two members of the Task Force are Ann Perry the Minnetonka City Planner, and Blair Tremere, Plymouth Community Development Director. They will be at this meeting along with other members of the Task Force who hope to gain meaningful input from municipal officials. Attached are a series of questions which you may wish to use and copies of the plan were sent to cities last year. These should be reviewed along with the State law; copies of the plan may be obtained from the Hennepin County Community Services Depart- ment (348-4108). Questions or comments for the Task Force also may be directed to Ann or Blair, especially if you are unable to attend the meeting. I hope you will take the opportunity to either attend the meeting and provide input or submit your comments to the Task Force by that date. It is in the interest of all municipalities to work with and through this Task Force to assure proper and effective implementation of the State law. S' cerely, anAz"...1 Mary An rson, Mayor City of Golden Valley, Minnesota QUESTIONS FOR MUNICIPAL OFFICIALS 1. Are you familiar with Chapter 617, laws of Minnesota, 1984, regarding Dispersal of Group Homes? Are you familiar with the Hennepin County plan regarding over -concentration of group homes? Are you familiar with recent court decisions related to siting of group homes? 2. How does your community view the siting of group homes as a matter of land use planning and regulation? 3. Are you or staff members in your community familiar with group home regulations, licensing, and other controls? Can you describe characteristics of a group home that would be considered a "good neighbor"? 4. Can you describe characteristics of a group home that would be considered a "bad neighbor"? 5. Can you recount actual experiences you and/or your community have had with group homes? 6. Would you share your ideas about what would be an effective education program for municipal decision makers, and community residents relative to group homes and the intent of the law requiring dispersal? 7. What events or persons have influenced your attitudes and position regarding group homes in your community? 8. How can public agencies and private providers work effectively with neighborhoods and municipalities before a group home locates in a community and after it locates in a community? 9. What information could you and/or your community use about disabled persons and residential facilities for the disabled? O C is Lea AVOW I CN OOyA -ic V s �CDNN �I=> 1V,.... ....« OND�Av N U7 O cn o d0 o mo no 10, !0 nrnx wo £ io --10 .. r� L7 b z .z�ciG zaZ z- z0C `0 cn FCS H� t~;b� °°N r4 Cl) j� �D hal O Q! \ n O C7 O Ort % OO �� �H ~� OOxCAD0Cjm � > b C> a�ow-i o cn O � iCn i cn x � co 0.1 m G7 rn cD N s Cn 10 VI x rn I M N W i \ Q � 00 O ND V K I O V O — N C�� C a0 r�'z jr"z" wC7 I i wG7•• nonce i > O :v O "Y x x ' Izon O C) CIO ItrJ I� Cn 10 VI x rn I M N W i \ Q � 00 O ND V K Special Meetings The term "special meeting" of the council refers to any meeting other than a regular or an ad- journed regular meeting. The council may transact any business within its powers at such meetings and it is bound by its rules and by the statutory provisions governing r1 gular meetings, including the open meeting the Special meetings of statutory city councils may be called by the mayor or by any other two members of the council. Such a call is made by filing a written statement with the clerk con- taining, as a minimum, the following information: (1) the names and positions of the individual or individuals calling the meeting, (2) the time and place of the special meeting, and (3) a request asking the clerk to give the council members proper notice. The clerk is then required to mail, at least one day before the meeting, a notice to all of the council 7gnbers stating the time and place of the meeting. A telephone reminder, while not required, is advisable. For a special council meeting to be valid, all members mus t��e notified unless those not notified are present. If, how- ever, all council members attend and participate in the T68ting, notification requirements need not be met. A special meeting properly called is legal whether or not all members attend. Since all notices must be in writing, the absence of a written notice to a member who is not present will make any special meeting improperly called the presence of a quorum is irrelevant in this case. Business transacted at an illegal meeting is not valid. There is no specific requirement in the law for publication or posting of notice of the special council meeting. The Minnesota Supreme Court has indicated, however, that an attempt should be made to notify the public of special meetings in such manner as circumstances permit. Published notice is not required, but if it is not given, posted notice seems essential except in the most extreme emergencies. Special posting or publication requirements may be imposed by council rules, in which case no special meeting may be validly held unless these rules are complied with. General Rules and Procedures ._presence of a_ny three members _of_a_statutory city council; This minimum may, but need not, incl the mayor, or in standard plan cities, the clerk. In spite of this quorum requirement, vacancies in the positions of council member, mayor, or clerk do not prevent the council from meeting and transacting business if a quorum of three members is present. An employer must allow a city council member to take time off from his/her regular employment to attend meetings of the council. When the council member takes time off without pay, his/her employer must make an effort to allow the employee to make up the- time with other hours when the employee is available. Public Participation As a general rule, all' y council meetings must be open to the public.1U3 The Minnesota Open Meeting_Law requires meetings of all municipal ana+- other public bodies and any committee, _suU` committee, board, department, or commission of tt egoverning body to be open _to thio pub c The votes of the members of the governing body on any question taken at a meeting must be recorded in a journal kept for that purpose, which in turn must be open for public inspection. It is not necessary to record each members vote for payments t judgments, claims, and amounts fixed by statute. 04 The clerk should take roll call votes on all formal actions the council takes. A public meeting, subject to the open meeting law, can be recorded by anyone so long a1�e recording does not interfere with the meeting.18 A recent amendment to the open meeting law added a requirement that at least one copy of any printed materials relating to the agenda items of a public meeting (materials the governing body or its employees prepare and distribute to each member of the governing body) must also be made available for public inspection while the governing body considers the subject matter.106 This new require- ment does not apply to materials the law classifies as other than public or to materials relating to the agenda items of a properly closed meeting. There is a $100 civil penalty for intentional violations of this provision. Quorum The statute, except to exoressty_. include__execu-__ tive sessions does not_�efine_ "meeting--- -101 me_eti.ng�'._ The ___ �__. . To transact city business, state law requires the Minnesota Supreme Court recently ruled that - 101 - 1983 . nMeetings subject to the requirements of _the Open Meeting Law are those gatherings of a quorum or more m—c ing, body, or a quorum of members of a committee, subcommittee, board, department, or commission of the governing bo y, at which members discuss, __decide,, or receive information -as_. -a-- group -on_issuesrelatino tKe official business ofgoverning overnin bod The statute does not coverletters g and ytelephone conversations between fewer than a quorum. In reaching its decision, the Court noted that there is a point beyond which open discussion requirements may serve to immobilize a body and prevent the resolution of important problems, and that in formulating a definition of meetings that must be open, the public's right to be informed must be balanced against the public's right to the effective and efficient administration of public bodies. Other recent decisions also provide guidance in this area. The Court has held that previously scheduled informational seminars about school board business, which tPoesentire board attends, must be public and open. Thus, any scheduled gatherings of a governing body must be noticed and open, whether or not the body takes or contemplates taking action. This would include meetings at which members receive information that may influence later decisions, but would exclude chance or social gatherings. quorum cannot, as a group. discuss or receive Por nation on official business in any setting under the guise of a private social gathering. The Court as Warne t at even t ough gatherings of Tess than a quorum do not constitute meetings under the aw,ierial gaYherin s in groups of less than a quorum for thgur�ose of avoiding public hearings or fashionin a r ment on an issue may be a violation of the ctatnte depen&ng on the facts of the individual case. It is fairly clear that a private discussion between a council member and a city manager or member of a separate governing body is not covered by the open meeting law at least as I Lig as there is no intent to circumvent the law. It It is not quite clear under the Court's recent rulings whether the participation of a city council in a League of Minnesota Cities sponsored training program to develop various skills would constitute a meeting under the open meeting law. The result may depend on whether or not the program includes discussions of particular mattfrb within the council's official duties or powers. Any person may observe the meetings. In fact, the council should encourage citizen attendance because it usually develops a more enlightened and interested citizenry. This, in turn, makes citizens more aware of the city's problems and more sympathetic to programs the council suggests. Although anyone can attend council meetings, there is nothing in the law which would permit private citizens to take an active part in the pro- ceedings of that body or intervene directly in the conduct of its business. This means that citizens attending council meetings cannot speak or other- wise participate in any discussions unless the mayor specifically recognizes them for this pur- pose. The decision to recognize speakers from the audience is usually up to the mayor as presiding officer, but the council can overrule this decision. Furthermore, the council itself can, through a motion, decide to hear one or more speakers from the audience. It is not advisable for the council to sample public opinion by taking a show of hands on any issue the council is discussing at the meeting. The majority opinion of those persons attending the meeting does not necessarily represent general public opinion and, in fact, is likely to express only the opinion of a special group. Exceptions _statutes ecif exceptionexception5 o the Open M�eeUnn�aw,-the state exempts any state agency, board, or commission when exercising quasi-judicial functions involving disci linar ro- ceedin s. However, this provision does no apply to meetings of local agenjile l in which quasi-judicial functions are discharged. econd the governip body of any_ci.ty_may,-by majority vote in a-pk is me ing, �tr, Icl a closed meeting to _co_ns_ider strategy �r._labor negotiations including 1QRments or discus i and review of Jabor�gotiation_. proposals_ The time of commencement and place of the closed meeting must be announced at the public meeting. A written record of all mem- bers of the city council and all other persons present at the closed meeting is to be made avail- able to the public after the closed meeting. The proceedings of the closed meeting to discuss negotiation strategies are to be tape recorded at the expense of the city and must be preserved by it for two years after the contract is signed. The tape recording is to be made available to the public after all labor contracts are signed for the current budget -102- 1983 period. If an action is brought claiming that public business other than discussion of labor negotiation strategies or developments or discussion and revieA of labor negotiation proposals was transacted at the closed meeting, and the action is brought before the time when the tape is available to the public, a court may review the recording of the meeting. If the court determines that a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. Lddition�l exctions to the Open Meeting Law may apply to cities because other state statutes _require--cnnfid utL-i ity--icy- cecia.in_ cases. es possible exceptions include: Meetings between the governing body and its attorney to disc=uss--petrditrg--ar_ reatened lit' thgation. This exception is based on M.S. 595.02(2) and 481.06(5) and the Minnesota Supreme Court code of professional responsibility, Canon 4, recog- nizing the confidential relationship be- tween attorney and client. This privilege may not be abused to suppress public observation of the decision-making process and would almost never extend to the mere request for general legal advice or opinion by a governing body and is seldom justified in situation-, other than in relation to threatened or pending litigation.113 2. Meetings to discuss information the Minnesota Government Data Practices Act classifies as confidenal or private and the federal privacy law. This exception is implied from the phrase, "Except as otherwise expressly provided by statute" that limits the full scope of the statutory open meeting requirement. Though the courts have not ruled on this exception n Attorney General's Opinion supports it.1 5 From a purely practical point of view the severe penalties for violations of the data practices act when compared to the rela- tively minor penalties for violating the open meeting law dictate that a city council must close the meeting when the alternative is a possible violation of the data practices act. For example, a meeting at which reference is made to a particular individual's qualification for hardship de- ferral of special assessments may involve classified data. Employee disciplinary and termination hearings also pose the san e problems. 3. Meetings to consider possible discipiinar\ proceedings against an employee when statute or charter permits raking tine proceedings public only with the app,ova-! or at the request of an employee who has not waived the exception. This is true of school teachers under M.S. 125.17(7j. (Head v. Special School District "o. 1; 296 Minn. 267, 208 N.W. 2d 294, 1973.) There may be similar provisions in local chartc, provisions on personnel. Employee dis- ciplinary proceedings may also be cove -cc: by the Data Practices and attorney-client exceptions. If a council decides to close a meeting, either to discuss pending litigation with the city attorney, or to discuss information protected as private, confidential, or nonpublic data under the Data Practices Act, cities should follow procedures similar to those M.S. 471.705, Subd. la specifies. This would include announcing the time and place of the meeting, the fact that the meeting will be closet' and the reason for closing the meeting. ;ie meeting may be tape recorded and the tape given to the clerk or city attorney for safekeeping until the need for keeping the information private no longer exists or a court orders its release. The tape is also useful in estab- lishing that members did not use the closed meeting to discuss private matters which they should have discussed publicly. Again, because the possible imposition of criminal fines up to $500 and/or imprison- ment up to 90 days, actual damages to the person whose privacy was invaded, and exemplary damage of up to $10,000 under the Data Practices Act far outweigh the $100 civil penalty for an open meeting law violation, it would seem far wiser to risk an Open Meeting Law violation than Data Practices Act violation. Notice Although the Minnesota Open Meeting Law contains no explicit provision for notice of meet- ings, the court has held that a requirement of adequate notice of the time and place of meetip�a is necessary to assure that meetings are public. - 102a - 1983 The type and timing of notice is left to the reason- able discretion of affected agencies, the court said, but it did suggest several guidelines: Notice of each individual regular meeting need not be given if the public can deter- mine the time, place, and location by reasonable inquiry. If regular meetings are provided for in a council ordinance or rules, no other notice is necessary. 2. Published notice of special meetings is not necessary if notice is posted at predesig- nated locations. Changing of an established location requires at least the posting of notice of the new location at the old location. 3. Some notice of all special meetings is required unless the meeting qualifies as an emergency. The council or other body holding the meeting may decide when an emergency exists, but in doing so it must consider whether the situation calls for immediate action involving the protection of the public peace, health, or safety. Council rules sh-uld be consistent with these guidelines. In case of emergency meetings when notice long in advance is impossible, it may be wise to provide not only for posting notices but for giving some minimum notice to named com- munication media or to any communication medium that has previously requested notification of special meetings. It also seems advisable to designate places of posting in the council rules or in a separate ordinance, either of which should probably be published in the official newspaper so as to give the greatest opportunity for the public to know where people may look for such notices. Since most people are likely to call for information of this type, a designated notice board at the city hall would seem to be one of the places where such notices should be posted. The Court's opinions do not give much help in determining what amount of notice is reasonable. It is evident, however, that public officials calling special meetings will have to consider both the subject proposed to be considered and the extent to which any action proposed to be taken at the meeting might be controversial. These factors, weighted against the necessity for early action on the matter under consideration, will normally be the elements in determining reasonableness. Thus, arguably, a minimum of 24 -hours posted notice might be adequate in certain noncon- troversial situations where there is minimal impact on the general citizenry of the city, where in- dividuals more specifically affected are given direct notice, and where the media are advised directly of the pending meeting. In any event, public bodies will want to minimize contentions of inadequacies of the notice by providing as much advance notice as the circumstances reasonably permit. This is a developing area of the law and future court cases are likely to spell out in more detail the amount and type of notice required in dif- ferent specific instances. Nevertheless, circum- stances are likely to vary in greater to lesser detail in almost every case and thus court pronounce- ments cannot be a substitute for good judg- ment. Enforcement The Minnesota Open Meeting Law makes any person who violates the open meeting requirement subject to i15b1 penalty up to $100 for a single occurrence. An action to enforce this penalty may be brought in any court having jurisdiction where the administrative office of the governing body is located. A city is not required to reim- burse council members for legal expenses in connection with defense of an action seeking 115e penalties for violating the open meeting law. Good faith or lack of harm are not defenses to a violation of the law. A clot Sdmeeting is a violation unless an exception exists. Upon a third violation by the same person connected with the same governing body, the violator forfeits any further right to serve on the governing body for the rest of his term. After receiving competent evidence, the court con- sidering the third violation declares the position vacant if it finds that the third violation has occurred and then notifies the appointing auth- ority or clerk of the governing body. It should be noted that three violations, not three actions and penalties, are required for removal. Theoretically, - 102b - 1984 all three violations could be proved in the action resulting in removal. There is no provision in the Minnesota law for a criminal penalty. Injunctive relief is another remedy provided by a number of open meeting laws in other states. The Minnesota law contains no provision for injunc- tion, but the court has ruled that in a proper 5e injunction may be an appropriate remedy. The court considered this a suitable way of carry- ing out the legislative intent that the statute be enforced. The statute then contained no enforce- ment provisions so it is not certain that the case would be followed now; however, it seems likely that the court would still reach the same con- clusion since it is still an appropriate way of preventing pending violations. The Minnesota Open Meeting Law contain no provision invalidating actions taken at a closed meeting that should have been open. In Sullivan v. Credit River Township, 299 Minn. 170, 217 N.W. 2d 502 (1974), the court held that because the law failed to provide a method of enforcement, the statute was directory rather than mandatory and it violation did not result in invalidating actions taken. Although the court may have been in- fluenced by the fact that the plaintiff had spent a substantial sum in reliance on the action taken at the illegal meeting, it does not seem likely that the rule of the case would be overturned without a change in the law. Actually, since the law now can be enforced through the civil penalty and removal from office method, there would seem to be less need for an invalidation rule than before. Again, however, caution would dictate that council follow the law in doubtful cases and thus avoid the possibility that actions taken will be declared illegal. The Minnesota statute is examined fully in an extensive law review note in which similar laws of other states are compared. See "The Minnesota Open Meeting Law After Twenty Years --A Second Look", William Mitchell Lair' A rieiv 375-419 (1979). See also meetings of statutory ci.,; councils, LMC 140bl. Presiding Officer Whenever the mayor is present, that individual serves as presiding officer for the meeting. in th mayor's absence, the acting mayor cler ves 116 When neither the mayor nor the acting mayo is present, the other three members of the council may elect one of their number to serve as the presiding officer for that meeting. Any individual serving as presiding officer, whether the mayor, acting mayor or other council member, retains the right to vote on all matters coming before the coupfil whether or not that vote would create a tie. (Additional comment on the special powers of the presiding officer is included under the heading "parliamentary procedure" in this chapter, and in Section 6 of this chapter.) Maintenance of Order Although meetings must be open to the public, no person ::,hr is noisy or unruly has a right to remain in the council chambers. When individuals abuse their rights to be present, the mayor, subject to overrule by the council, should order their removal from the room. If the presiding officer fails to act, the council itself may, by motion, issue such an order as the council is by la�vl authorized to preserve order at council meetings. Any neces- sary force, including use of the marshal or police, can be utilized to carry out the mandate. If the whole audience becomes so disorderly that it is impossible to carry on a meeting, the mayor should declare the meeting adjourned to some other time (and place, if necessary). The council may also move for adjournment. No matter how disorderly a meeting may be, it would be a legal meeting and any action taken in proper form is valid. It must be remembered that the - 102c - 1984 LeFe%-ere Lefler henlw(b O'Ilrien ! I)ra�rr 2000 First Bank Place West July 20, 19 8.3 Minneapolis Minnesota 55402 Telephone 612-333-0543 MEMORANDUM Clayton L. LeFevere Herbert P. Lefler J. Dennis O Brien " TO: MAYOR AND COUNCILMEMBERS John E Drawz David J. Kennec> FROM: HERBERT P. LEFLER John B Deas Glenn E. Purdue Richard J. Schietter SUBJECT: MINNESOTA OPEN MEETING LAW Charles L LeFevere Herbert P. Leger tll Jeffrey J. Strano Mary J.Blorkiund On July 15, 1983, the Minnesota Supreme Court filed its John G. Kressel opinion in the case of Keith Moberg and Joy Robb vs. Inde- Dayle Nolan pendent School District No. 281 and the members of the Board Cindy L.Lavorato Michael A Nash of Education of that district individually and in their Luke R. Komare'- representative capacity. Joan N.Encksen Elizabeth D. Moran Brian FR7.e This case involved an important interpretation of the "Open Lorraine S Clegg Meeting Law". While it dealt with other matters as well, James J Thomson. Jr. our chief concern is its definition of the word "meeting" as it appears in the statute. The decision on that issue was as follows: We therefore hold that "meetings" subject to the requirements of the Open Meeting Law are those gatherings of a quorum or more members of the governing body, or a quorum of the committee, subcommittee, board, department or commission thereof at which members discuss, decide or receive information as a group on issues relating to the official business of that governing body. The court went on to state that the statute does not apply to letters or to telephone conversations between fewer than a quorum and that although "chance or social gatherings are exempt from the requirements of the statute, a quorum may not, as a group, discuss or receive information on official business in any setting under the guise of a private social gathering". S-1 Mayor and Councilmembers July 20, 1983 Page 2 Although language in the case is interesting in support of the above concepts, the court found that the public's right to be informed must be balanced against the public's right to the effective and efficient administration of public bodies and the court went on to say "it makes little sense to suggest that they may listen to a group of non-members on important matters but not to their colleagues who may be more expert on the subject than any other persons". This case, and others being decided, suggest that the court is now beginning to take a more balanced view with respect to actions brought against municipalities and other public governing bodies. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 12, 1986 TO: Plymouth Fire Relief Association FROM: Virgil Schneider, Mayor; dames G. Willis, City Manager SUBJECT PROPOSED AMENDMENT TO ARTICLE VIII., SECTION 5. PLYMOUTH FIREFIGHTERS RELIEF ASSOCIATION BYLAWS We cannot support the proposed revision of Article VIII. (Service Pensions) Section 5. Several years ago, the Negotiating Committee representing the Relief Association and the City agreed to substantially increase the then - existing pensions. Since that date, pensions have been raised one additional time to the current level. At the same time, there was an understanding between the City and the Relief Association that there would be no "double-dipping" of Relief Association and PERA pension benefits. The change in the Bylaws currently being considered would permit "double-dipping". Some members of the Association may recall the circumstances which were involved at the time the "double-dipping" issue was originally raised. That was at the approximate time that the City's first Fire Chief, Fran Bauer, retired. There was strong sentiment among the membership that it was not appropriate for a firefighter to receive both the PERA pension as well as the complete Fire Relief Association pension. Accordingly, language was inserted into the Bylaws to prohibit "double-dipping" by reducing the Relief Association benefits by the amount of the PERA pension benefit. It is our belief that the decision reached by the Relief Association several years ago with respect to this matter should not be changed. To do so at this Junction could very clearly create the impression that the earlier action of the Relief Association was targeted towards one individual. If that is not the case, one would question why the Issue is being raised at this time. What has changed? The City Council has previously agreed to changes in the Fire Relief Association pension benefits in order that current veteran members can retire with a good service pension. The Council is also aware that the pension system must be continually monitored so that it keeps pace with the times and is also available for members who are just beginning their careers within the fire service. The City has committed itself to fund actuarial deficiencies in the present system In order to provide higher benefits now in order that current members February 12, 1986 Page Two —L— nearing retirement may have pension benefits which exceed the capacity of the present fund to sustain. The Council has readily agreed to this funding as a means of recognizing the commitment of these individuals over the years. That commitment was made, however, upon reliance that the "double-dipping" matter was resolved. The City stands ready to work with the Relief Association to approach the legislature to have the PERA laws amended as they relate to the Plymouth Volunteer Fire Department. We agree that it is not appro- priate for volunteer firefighters to have funds withheld from their wages based upon their earnings as members of the volunteer fire service. We recognize that some other fire departments.are sensitive to this issue. Nonetheless, we believe that if we work together that legislation could be adopted which would resolve this matter and eliminate the PERA issue in the future entirely. We recommend that the membership not support any action which would eliminate the current "double-dipping" prohibition. VS/JGW:Jm cc: City Council DOMESTIC ASSAULT INTERVENTION PROGRAM • Quarterly Report (Cumulative) - 1 /1 / 85 to 12 / 31/ 85 I POLICE A. Mandatory Reports/Arrests 1 % B. Reasons for Non -Arrests / % Domestic Assault Calls _$ No Probable Cause 13 Domestic Assault Reports _120 58 100 UUA Arrests Non -Arrests 33 -�'7 25 �D No assault 6 6 Complaints Filed ByPolice 2 3 By Victim II PROSECUTION ** A. Convictions G. Sentencing Guilty Plea at Arraignment 5 3 e ay. r mt only 2 Guilty Plea in Court —3.4 Fine Y. fp�Servi ra B �rga�nued for Dismissal � �4 K " R Fine & Time Std ;, 3 & Fine 1 Guilty "& CD & Fine & Time Std 1 Not Guilty & CD & Time Srvd/Std 1 & CD & Fine Std & Time Std 1 C. Charges Dropped Z �7 & CD 1 D. Pending Court & CD & Time St in -Std_ —T 5 12 Psychiatric rtmt ime E. Charges CD & Time S —rv-d7= is t Degree Assault ime ry CD me Fine —T' 2nd Degree Assault C ane � i 3rd Degree Assault 'S Time Srvd - 7 4th Degree Assault 5th Degree Assault _79 Fine Fine & No Same ami ar —7 i Violation Protection Order —T ounse ing — —T Disturbing Peace No Same/Similar H. Number assailants mandated to i Disorderly Conduct Outstanding Warrant violent behavior treatment 20 61 Other I. Assailant Compliance j F. Charges Amended On Probation i 5 degree to Disorderly Conduct 1 In Compliance j 3 degree to agree —f Not In Compliance Revocation Initiated **Includes 1984 cases closed in 1985 II VICTIMS/ASSAILANTS A. Victims (Arrests) C. Victims (Arrests and Non -Arrests Home Visits Phone Contact Only —1,5 AL Legal Information Given 48 83 No Contact � 54 Protection Order Filed 1 __T 6 Court Accompaniment B, Victims (Non-Arrests)12 D. Educational Groups Phone Contact Mail Contact groups Avai-l–able 1 _7TNo Contact _� I.P. Women Attending 10 Community Women Attending E. Assailants Jail Visits 19 57 DATE: 2/13/86 TO: News Media FROM: Richard J. Carlquist Director of Public Safety City of Plymouth SUBJ: Press Release - Metropolitan State Bank of Plymouth. The Plymouth Office of the Metropolatan State Bank was robbed by a man who asked for money, then fled the bank after putting it in a paper bag. No gun was seen. The robbery occurred Thursday morning, 2/13/26 at 11:12 AM. Several witnesses described the suspect as a white male, 40 to 45 years of age, 5 feet 8, medium build, and wearing a cap, and hip length tan jacket. Plymouth Investigators are working closely with the Minneapolis Office of the Federal Bureau of Investigation, as well as with other law enforcement agencies investigating similar cases in in the North and West Metro area. RJC/ler CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 13, 1986 TO: James G. Willis, City Manager FROM: Scott L. Hovet, City Assessor SUBJECT CITIES MILL LEVY COMPARISON; REAL ESTATE ACTIVITY REPORT Attached is a composite mill rate sheet for all cities in Hennepin county. This chart shows all the component parts that make up the total mill rate for each city. Plymouth's low rate of taxation really "shines" as compared to the other major cities in Hennepin county and the metro area. The following is a summary of 12 of the largest cities in the metro area with their appropriate city portion of the total mill rate for payable 1986 taxes. Plymouth is 2nd lowest and closing in on Edina. CITY CTTV MTT T Q 1) St. Paul 35.888 2) Minneapolis 34.890 3) Brooklyn Park 21.919 4) Maple Grove 21.777 5) Richfield 20.411 6) Eden Prairie 19.917 7) Bloomington 18.640 8) St. Louis Park 18.305 9) Brooklyn Center 17.183 10) Minnetonka 16.821 11) Plymouth 14.469 12) Edina 11.303 I should also note that I have received the Real Estate Activity Report for 1985 from the twin cities multiple listing service and the average sale price on a single family home in Plymouth went from ® $113,100 in 1984 to $115,800 in 1985. In other words, the overall market values on homes in Plymouth has increased about 2.5% during the calendar year 1985. tT CO OI to rf'1 CO y -5 N rNLn O to O C f•I ^� N n A f• I n 0• tu' U y r r Q f• 1 t a A C O I I n d IG N C! e! 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Services ................ 10.629 13.278 County Capital Improvement Fund....... .338 County Reserve Bonds & Interest....... .675 County Medical Center ................. 1.493 Total County Bond Redemption Prin. & Interest...... 26.413 Miscellaneous Levies Metro Council� .... ... .... .397 Metro Council Right -of -Way Loan Fund.. .076 Metro Council Bonds & Interest........ .045 Metro Council Solid Waste Bonds & Int. .034 Park Museum.... ............... .350 Metro Mosquito Control ................ .600 Metro Transit Commission .............. 3.025 Metro Transit Comm. Bonds & Int....... .227 Total Miscellaneous Levies 4.754 City (Mpls.) Municipal Building Commission......... .650 Firemen's Relief ...................... 3.033 Police Pension ........................ 3.799 General Fund .......................... 10.716 Permanent Improvement ........... ..... .186 Estimate & Taxation ................... .017 Library General.......................2.273 Muricipal Pension & Retirement........ 2.302 Police Personnel Expansion.......... 1.002 Bond Redemption Prin. & Interest...... 5.749 Park Rehab. & Improvement............ .219 Park & Recreation ..................... 3.159 Dutch Elm Disease Control..... ....... .762 Tree Preservation & Reforestation..... .971 Lake Pollution Control Fund........... .052 Total City of Minneapolis 34.890 Special School District No. 1 General .............................. 35.360 Bonds & Interest ..................... 3.452 Capital Outlay.......................2.267 Transportation ....................... 3.170 Community Service .................... .924 Total Special School District No. 1 45.173 Watershed District No. 3 .089 CITY OF MINNEAPOLIS MILL RATE TABLE Tax Payable in 1986 Total Rate: 111.230 Total Rate: 111.319 (with Watershed #3) PLYMOUTH COMMUNITY AWARDS February 1986 To our Plymouth Residents and Community Groups: On :lay 6, 1986 at the Radisson Inn Plymouth several communitv organizations will sponsor the 13th Plymouth Community Awards which honors citizens in the categories of: OUTSTANDING CITIZEN OUTSTANDING 70UTH (Junior and Senior High Students) OUTSTANDING YOUNG CITIZEN (Ages 18-30) OUTSTANDING SENIOR CITIZEN (Age 65+) OUTSTANDING EDUCATOR This very special evening will begin with a poolside reception followed by the Awards Ceremony in the Radisson Theatre Playhouse. You as Plymouth residents and community groups are given the opportunity to recognize those citizens who are outstanding in their contributions to the city of Plymouth. Return the Nomination Form (can be duplicated if more than one nomination is made) with the name/s of those outstanding citizen/s. In considering your nominee/s, think of outstanding citizens in the areas such as business success or innovation, social improvement, politics or service, scientific contri- butions, academic leadership or accomplishment, moral or religious leadership or any other important contributions to the community. After the Awards Committee receives your nomination/s, the candidate/s will be contacted for specific information that will be needed before the selection is made. Deadline for nominations is March 15, 1986. The Awards Committee asks that you provide the ticket/s for your nominee/s for the Awards Night. Ticket information will follow at a later date. Thank you for your i^terest in the Plymouth Community Awards. We feel that an event like this gives us all a sense of community pride and identity. Sincerely, Plymouth Community Sharon S. Hegele 2810 Comstock Lane Plymouth, Minnesota Awards Committee 55447 N C� © NOMINATION FORM Deadline MARCH 15, 1986 Send to: Sharon S. Hegele Plymouth Awards Committee 2810 Comstock Lane Plymouth, Minnesota 55447 CATEGORY: NOMINEES NAME ADDRESS PHONE # RECOMMENDED BV: NAME/ORGANIZATION ADDRESS PHONE # Explain why this citizen merits the nomination in the above cateeorv. MINUTES OF THE QUARTERLY MEETING OF THE SUBURBAN RATE AUTHORITY January 15, 1986 Pursuant to due call and notice thereof, the quarterly meeting of the Suburban Rate Authority was held at the Ambassador Motor Hotel in the City of St. Louis Park, Minnesota, on Wednes- day, January 15, 1986, commencing at 6:30 p.m. 1. CALL TO ORDER: The meeting was called to order by the Chairman, Graydon Boeck. 2. ROLL CALL: Upon roll call, attendance was found to be as follows: Bloomington Burnsville Champlin Columbia Heights Deephaven Edina Fridley Hastings Hopkins Minnetonka North St. Paul Plymouth Roseville Savage St. Louis Park Shakopee Shoreview Wayza't-a John G. Pidgeon Charles Siggerud Harlen Isom Bruce Nawrocki Edward Carlson William D. Schoell J.N. Dalen John Wallin John Flora Gary E. Brown John J. Stroian Donald Asmus Glen Anderson Frederick Moore Charles Honchell Mark H. McNeill Larry Mitchell John K. Anderson David P. Magraw Mark Westlund Also present were SRA attorney, Glenn Purdue, SPA rate consul- tants, Derick 0. Dahlen and Gary C. Ashley, and North St. Paul City Engineer, David Kotilinek. 3. APPROVAL OF !MINUTES: The Minutes of the meeting of October 16, 1985, were presented fcr approval, with the correc- tion that the first paragraph should refer to October 16, 1985, rather than July 17, 1985. It was moved by Mr. Asmus, seconded by Mr. Schoell that the Minutes be approved. Carried unanimous- ly. 4. TREASURER'S REPORT: Mr. Dalen gave the Treasurer's Report, a copy of which is attached to the Minutes. He stated that, in addition to the collection of special assessments for the NSP electric case as stated in the report, that $20,000 has been received from the City of St. Paul and that $1,026.25 has been received from the City of Maple Grove. The total collected thus far is $27,010.35. It was moved by Mr. Magraw, was seconded by Mr. Anderson, that the Treasurer's Report be accepted. The motion was carried unanimously. Chairman Boeck noted that Jerry Dalen has retired from his position as finance director with the City of Edina and that he has requested to withdraw as 'SRA Treasurer and member of the Executive Committee. The Chairman and all members of the Board thank Mr. Dalen for his long and strenuous support of SRA and its goals. Mr. Dalen has served as SRA Secretarv-Treasurer for 24 years, since the original organization of SRA in 1962. 5. CLAIMS: The following claims were - presented by Mr. Dalen. 1) LeFevere, Lefler, Kennedy, O'Brien & Drawz for general legal services through December 31: $7,002.75. 2) For NSP 1985 Rate Case: Dahlen, Hoedeman & Co.: $26,669.00 LeFevere, Lefler: $7,470.48 It was moved by Mr. Asmus, seconded by Mr. Moore that the claims be paid. Motion was approved unanimously. 6. ELECTION OF OFFICERS: Chairman Boeck reported that the Executive Committee had met and that it had nominated a slate of officers to serve during 1986. The slate is as follows: Graydon Boeck, Chairman John Anderson, Vice Chairman John Wallin Frederick Moore Dave Magraw Gary Brown Charles Honchell The Chairman called for additional nominations. There were none. Mr. Isom moved that the slate be elected. Mr. Flora seconded the motion, the motion carried unanimously. 7. PRESENTATION BY LOUIS BREIMHURST, CHIEF ADMINISTRATOR, MWCC: Mr. Breimhurst and Mr. Richard Berg of the MWCC made a slide and oral presentation concerning the rate structure task force study, recommendations and legislation required for imple- mentation. Mr Breimhurst noted that Mr. DeGhetto and Mr. Honchell of the SRA had served on the rate structure task force and he thanked them for their participation and assistance. Mr. Breimhurst stated that MWCC is preparing legislation to i. Z �\ implement certain changes which were recommended by the task force and accepted by the commission. Principal among these changes is a change in the sewer service areas. If the changes are implemented as recommended, by 1991, all MWCC communities will pay the same sewer rate. Following his presentation, he and Mr. Berg responded to several questions from SRA directors. Following that discussion, it was moved by Mr. Magraw, seconded by Mr. Isom, that the Board resolve as follows: WHEREAS, member communities of the Suburban Rate Authority receive sewer interceptor and wastewater treatment services from the Metropolitan Waste Control Commission (Commission) and therefore have an interest in the rates charged for such service; and WHEREAS, the Suburban Rate Authority has been advised that the Commission is proposing legislation to the Minnesota State Legislature which would modify its rate structure and provide for a uniform service rate cost to all communities using the Commission's systems; and WHEREAS, the Suburban Rate Authority has examined the proposed rate structure modifications and finds they would achieve a more predictable and equitable system of charging communities for sewage services; now, therefore BE IT RESOLVED, by the Suburban Rate Authority, that it hereby supports the changes in rate structure proposed by the Metropolitan Waste Control Commission and urges the Minnesota State Legislature to adopt the statutory modifications necessary for implementation. The vote was all ayes, except for the vote of the City of Hastings, which was no. The Chairman declared the motion car- ried. 8. REPORT OR THE 1985 ELECTRIC CASE: Mr. Purdue reported on the progress on the NSP electric case and that hearings wi'_l begin on January 21 and will continue for approximately three weeks. He stated that if NSP's request is granted, it will collect over $1 billion in electric charges in Minnesota during the test year. He further reported that the company has asked for $129 million in addition to its former rates. He stated that SRA has retained Derick O. Dahlen of Dahlen, Hoedeman & Co. and that SRA is being assisted by approximately 20 other municipali- ties and the St. Paul School District. These others are expected to contribute approximately $37,000 to the effort. Mr. Purdue then introduced Mr. Gary Ashley of Ashley Engi- neering Company, who has been retained by the Board of Water Commissioners of the City of St. Paul to provide testimony in support of preserving the large municipal pumping class. r Mr. Ashley described the history of NSP's effort to merge the large municipal pumping class with the commercial and industrial class, and he outlined several ways in which municipal pumpers differ from those consumers in the commercial and industrial class. Mr. Purdue noted that SRA has previously agreed to contribute $7,500 to the group of cities which are carrying the effort to preserve the pumping rate. Mr. Purdue then introduced Derick O. Dahlen of Dahlen, Hoedeman & Co., who has been retained by SRA and the other participants to present testimony concerning the revenue require- ments. Mr. Dahlen described the several issues on which he has submitted testimony. His recommendation is that the company receive approximately $58 million in increase, rather than the $129 million requested. He stated that SRA is the only party proposing certain substantial adjustments to NSP's revenue request. Mr. Purdue indicated that the hearings would be com- plete by the time of the next quarterly meeting and that the MPUC will issue an order on or about May 31. 9. REPORT ON THE STATUS OF NORTHWESTERN BELL ACCESS CASE: Mr. Purdue reported that Jim Strommen of LeFevere, Lefler has represented SRA in the Northwestern Bell petition to establish an access charge for Bell customers. The access charge is presently being paid by long distance carriers. The proposal is to shift that payment from the carriers to Bell customers. Mr. Purdue reported that the company proposed to key the amount of the charge according to the ratios established by the tier system, which SRA has fought previously. He stated that the administra- tive law judge has heard the case and his issued his report, and that that report recommends that the tier system be ignored in setting the access charge. Mr. Purdue noted that while the administrative law judge's recommendation, if adopted by the PUC, will result in a dollar saving to SRA members, that the decision may also be important in a future effort to completely remove the tier system from telepqhone rates. The Board expressed its pleasure with the results of the effort thus far. 10. ADJOURNMENT: There being no other business to come before the meeting, the Chairman accepted a motion to adjourn which was carried unanimously. Attest: Chairman Secretary 4 SUBURBAN RATE AUTHORITY ANALYSIS OF CHANGE IN CASH BALANCE SAINT LOUIS PARK, MINNESOTA FOR YEAR ENDED DECEMBER 31, 1985 Balance at January 1, 1985 Additions: Interest income Sale of investments Special Assessments - 1985 - See Schedule attached for details Special Assessments - 1984 - City of Hopkins Special Assessments - Northern States Power Rate Case Deductions: Accounts payable: LeFevery, Lefler, Kennedy, O'Brien, and Drawz ANNUAL AUDIT - GEORGE M. HANSEN COMPANY Purchase of investments Dinner - guests Balance at December 31, 1985 $ 1,756.44 $ 4,163.68 80,836.32 54,333.40 . 981.60 5,984.10 146,299.10 $148,055.54 $ 18,936.38 550.00 118,210.00 37.50 Note A: The breakdown of legal costs are as follows: General $ 11,087.49 Metropolitan Waste Control 2,935.57 Northwestern Bell Telephone 2,996.02 Northern States Power Co. 1,917.30 $ 18,936.38 T TQV F Q'T^,f FTTT Q United States Treasury Bills -Discount -January 30, 1986 United States Treasury Bills -Discount -August 7, 1986 United States Treasury Bills -Discount -September 4, 1986 COST FACE VALUE 137.733.88 $ 10,321.66 $ 14,490.29 13,981.00 37,389.19 $ 65,860.48 $ 70,000.00 SUBURBAN RATE AUTHORITY STATUS.OF ASSESSMENTS RECEIVABLE SAINT LOUIS PARK, MINNESOTA As of December 31, 1985 $59,486.80 $54,333.40 $ 5,153.40 VOTES ASSESSMENT PAID BALANCE DUE Bloomington 17 $ 6,257.70 $ 6,257.70 $ -0- Brooklyn Center 2 2,576.70 2,576.70 Brooklyn Park 9 3,312.90 3,312.90 -0- Burnsville 8 2,944.80 2,944.80 -0- Champlin 2 736.20 736.20 -0- Circle Pines 1 368.10 368.10 -0- Columbia Heights 5 1,840.50 1,840.50 -0- Deephaven 1 368.10 368.10 -0- Eden Prairie 4 1,472.40 1,472.40 -0- Edina 10 3,681.00 3,681.00 -0- Excelsior 1 368.10 368.10 Fridley 7 2,576.70 2,576.70 -0- Greenwood 1 368.10 368.10 -0- Hastings 3 1,104.30 1,104.30 -0- Hopkins 4 1,472.40 1,472.40 -0- Lake St. Croix Beach 1 368.10 368.10 Charles S. Thomas - Donation 100.00 100.00 -0- Lauderdale 1 368.10 368.10 -0- Loretta 1 368.10 368.10 Maple Plain 1 368.10 368.10 -0- Maplewood 6 2,208.60 2,208.60 -0- Minnetonka 8 2,944.80 2,944.80 -0- Minnetrista 1 368.10 368.10 -0- New Brighton 5 1,840.50 1,840.50 -0- North St. Paul 3 1,104.30 1,104.30 -0- Orono 2 736.20 736.20 -0- Osseo 1 368.10 368.10 -0- Plymouth 7 2,576.70 2,576.70 -0- Richfield 8 1,944.80 2,944.80 -0- Robbinsdale 3 1,104.30 1,104.30 -0- Roseville 8 2,944.80 2,944.80 -0- Shakopee 2 736.20 736.20 -0- Shoreview 4 1,472.40 1,472.40 -0- Savage 2 736.20 368.10 368.10 Spring Park 1 368.10 368.10 -0- St. Louis Park 9 3,312.90 3,312.90 -0- Vadnais Heights 2 736.20 736.20 Victoria 1 368.10 368.10 -0- Wayzata 1 368.10 368.10 -0- Woodland 1 368.10 368.10 Brooklyn Center -1984 858.90 858.90 -0- $59,486.80 $54,333.40 $ 5,153.40 t SUBURBAN RATE AUTHORITY SPECIAL ASSESSMENTS - NON MEMBERS NORTHERN STATES POWER - RATE CASE As of December 31, 1985 City of Paynesville $ 107.00 City of Avon 100.00 Village of Bird Island 100.00 City of Carver 1 35.00 City of North Mankato 457.25 City of Osakis 66.45 City of Gaylord 96.65 City of Minnesota Lake 36.15 City of Tonka Bay 70.50 City of Wolverton 25.00 City of Prinsburg 28.50 City of Montevideo 292.25 City of Mankato 1,432.30 City of Crystal 1,277.15 City of Winona 1,253.75 City of Oakdale 606.15 TOTAL $5,984.10 PLYMOUTH POLICE DEPARTMENT MONTHLY REPORT MONTH JANUARY 1986 CLASS I ( MURDER RAPE ( ROBBERY ASSAULT ( BURGLARY ( THEFT AUTO THEFT ARSON 1985 0 0 0 8 31 53 9 0 1986 0 ( 0 1 ( 17 22 71 ( 6 ( 2 TOTALS 1985 101 1986 119 +17.8% CLASS II FORGERY EL STOLEN WEAP PROSTI SEX GAMB OFFENSES LIQ DISORDERLY COUNTERFEITIFRAUDI MENT 1PROPERTYlVANDALISMIOFF(TUTIONIOFFINARCILINGIFAM/CHILDID.W.I.( LAW I CONDUCT I OTHER 1985 0 26 ( 0 ( 0 22 ( 0 ( 0 0 ( 1 ( 0 ( 0 " 21 0 2 ( 14 1986 ( 2 7 j 0 ( 0 ( 25 ( 0 0 j 2 j 8 0 1 ( 28 12 ( 3 28 TOTALS 1985 86 1986 116 +34.9% CLASS III FATAL ( ACCIDENT ( INJURY L ( DAMAGE Y j SNOWMOBILE j DROWNING j EMERGENCY SUICIDE ( ATTEMPTS I DEATH I BITES AFIRE 1 1985 0 16 I 73 1 0 ( 0 1 56 0 ( 1 ( 3 4 24 1986 1 ( 14 88 0 ( 0 56 0 3 2 1 24 TOTALS 1985 177 1986 189 + 6.8% CLASS IV ANIMAL FALSE LOCK OTHER WARRANT TRAFFIC FIREARM SUSPICION MISSING LOST PUBLIC IDOMESTICIDETAILIALARMSIPROWLERIOUTS JAGENCYISERVED IDETAIL IVIOLATIONJINFORMATIONIPERSON IFOUNDINUISANCEI MISC. 1985 10 93 85 3 ( 103 46 30 130 ( 1 94 3 8 72 113 1986 11 82 83 2 112 27 32 197 1 80 2 11 70 90 TOTALS 1985 791 1986 800 + 1.1% HAZARDOUS VIOLATIONS 1985 254 1986 279 + 9.8% NONHAZARDOUS VIOLATIONS 1985 548 1986 641 +17.0% • CRIMINAL OFFENSES CLEARED 1985 40.0% 1986 26.9% TOTAL NUMBER OF INCIDENTS 1985 1,155 1986 1,224 + 6.0% PLYMOUTH FIRE DEPARTMENT MONTHLY REPORT TYPE OF REPORTED INCIDENTS BY TIME OF DAY Z kQt, MONTH JANUARY 1986 **INCL'lnEn IN FALSE ALARMS TOTALS JA4CAPY 1985 CnNFIRMED CALLS 20 FALSE ALARMS 27 TOTAL CALLS 47 ESTIMATED LOSS $64,000 NUMBER Onnl n401 0801 1201 1601 2n01 CONFIRMED FALSE PERMITS ESTIMATED 0400 0800 1200 1600 2000 2400 CALLS ALARMS TOTAL ISSUED LOSS PRIVATE DWELLINGS 2 3 3 1 3 3 12 3 15 -- $6,100 APARTMENTS 4 2 2 1 2 3 8 11 HOTELS AND MOTELS 0 0 0 - - - - ALL OTHER RESIDENTIAL 0 0 0 - - - - PUBLIC ASSEMBLY 1 I 1 1 1 2 -- -- SCHOOLS AND COLLEGES 1 1 0- HEALTH CARE INSTITUTIONS 1 2 1 1 2 3 - - - - PENAL INSTITUTIONS 0 I 0 0 - - - - STORES AND OFFICES 1 1 1 1 2 - - - - INDUSTRY, MFG. 1 0 0 0 - - - - STORAGE IN STRUCTURES 0 0 n - - - - SPECIAL STRUCTURES 0 0 0 - - - - FIRES OUTSIDE OF STRUCTURES 0 0 0 - - - - FIRES IN HIGHWAY VEHICLES 1 1 2 1 2 3 5 -- 17,500 FIRES IN OTHER VEHICLES 0 0 0 - - - - FIRES IN BRUSH, GRASS 1 1 0 1 - - - - FIRES IN RUBBISH, DUMPSTERS 1 1 0 1 - - - ALL OTHER FIRES 1 1 0 1 - - 200 MEDICAL AID RESPONSES 1 1 0 1 - - - - **MALICIOUS FALSE ALARMS 0 0 0 MUTUAL AID OR ASSISTANCE 1 0 1 0 0 - - - - ALL OTHER RESPONSES 0 0 0 - - - - TOTALS 7 7 9 4 9 7 25 18 43 -- $23,FOO **INCL'lnEn IN FALSE ALARMS TOTALS JA4CAPY 1985 CnNFIRMED CALLS 20 FALSE ALARMS 27 TOTAL CALLS 47 ESTIMATED LOSS $64,000 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 7, 1986 TO: James G. Willis, City Manager FROM: Richard J. Carlquist, Public Safety Director/ SUBJECT Deer Task Force The Deer Task Force met on February 5, 1986. The following members were present: Jane Laurence -Cooper, Dick Mulhollam, Carole Busch, and myself. I have enclosed a copy of the agenda from February 5, 1986 as well as all of the materials distributed at that time. We decided on the classical problem solving method and as such, spent considerable time trying to identify the problem in a definition format. We agreed on the following definition, "The problem is the deer herd in Plymouth is increasing and the available habitat is decreasing. It is quite likely that we could change or amend the problem definition at our next meeting. But, for the moment this is what we felt most comfortable with. The next step in our process is to collect the facts and assumptions that go along with the problems that we are experiencing with too many deer being compressed into a smaller and smaller area. I assigned our police intern to do a study of the accidents involving deer and motor vehicles for the past three years. We have those listed now and he did complete a coded 'lap which readily highlights the areas where we are having our most frequent accidents involving deer. The Task Force reviewed the map and statistics. We discussed at length ways to mitigate those accidents. I asked Jane to purchase five three ring notebooks to help us keep organ',zed at future meetings with the various handouts that I will be distributing. Our next meeting will be held on February 26, 1986 at 3:30 p.m. in the City Center. RJC :tsw ="',-LA DEER TASK FORCE AGENDA FEBRUARY 5, 1986 I. ORIENTATION A. Introduction of members B. City Council charge II. PROBLEM SOLVING DISCUSSION A. Classical problem solving B. Strategic planning III. STATISTICAL REPORTS A. Jane Laurence-Ccoper B. Accident reports C. Spot map IV. PROBLEM IDENTIFICATION A. Definition B. Agreement V. FUTURE MEETING SCHEDULE A. Assignments B. Summary C. Next Meeting Date VI ck - February 6, 1986 CITY O� PLYMOUTH - Mr. Randall hones Scanticon Corporation Princeton Forrestal Center 105 College Road East Princeton, N.J. 08540 Dear Randy: I know that dim Willis has previously written to thank you for your joining us at our meeting last week with representatives of Moody's Investors Service. I, too, want to express my personal thanks for your presence as I believe it enables Moody's to better evaluate the overall development climate within the community. I also appreciate your kind offer to visit your Princeton Conference Center. I do not often have the opportunity to get to New York (or New Jersey), however, I will keep your generous invitation in mind should the opportunity for my traveling east again present itself in the near future. Thank you again for your taking time from your busy schedules to meet with us at Moody's. Yours truly, /,s Virgil Schneider Mayor VS:jm cc: Mr. Oorgen Roed, President and Chief Executive Officer Mr. Glen Schostak 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 �-1 16 LETTER TO PLYMOUTH POLICE DEPARTMENT FROM PLYMOUTH RESIDE_ This is a long over -due thank you note. As a twenty year Plymouth resident, I've been impressed with the police service. On several occasions, neighbors have remarked to me or each other, that the "we're on vacation; can you give our house a once over every so often" police response has been most gratifying. Specifically, I want to thank someone on your force for providing my son a valuable lesson and experience. This was several months ago in the spring or early summer. He's a young driver (still 16) and was going evidentially_ three or four miles per hour, maybe more, faster than the speed limit on Hwy. 101. An officer pulled him over, checked all the appropriate stuff and then said something along the lines of being a young driver, his driving habits are still being formed, so form good and legal ones. No citation or ticket given, Just a scared, appreciative son and father. That officer could obviously have ticketed , but chose not to. Again, thank you for that kind of consideration. February 13, 1986 Mr. Mark C. McCullough Law Offices 1900 1st Bank Place West Minneapolis, MN 55402 RE Proposed Sale of Outlots B and C, Plymouth Parkview Addition _ Dear Mr. McCullough: I have your letter of February 6, 1966. The City Manager shared the letter with the City Council Monday evening so the Councilmembers are aware of your interests. The zoning of Outlots A and B is FRD (future restricted development) and the Urban Zon- ing will be established as a development proposal is processed. The classification of the property according to the Land Use Guide Plan is LA -1 (low density residential) for Outlot A and is LA -2 (low medium density residential) for Outlot B. The Planned Unit Development provisions of the Ordinance would allow a mix of housing types regardless of the guiding classification and zoning classification. It is pos- sible that the mix of housing could include multiple residential buildings. The Planned Unit Development standards very specifically address attributes which in- clude preservation of natural features and the use of high standards of development. The Zoning Ordinance also contains standards with respect to transition and buffering, particularly where there is adjacent single family detached development. I explained to you on the telephone following receipt of your letter that, the avail- able land for park purposes in this area includes land beyond the boundary of this property. You might contact Parks and Recreation Director Eric Blank as to anticipated development plans. The evaluation of future development proposals for this and all projects in the City account for traffic generation. This is done in several ways including evaluation of the project with respect to the City's Thoroughfare Guide Plan. When development is proposed and it is anticipated that development will be in accord- ance with the Ordinance Planned Unit Development (PUD) requirements; notices will be sent to`neighboring property owners and Homeowner Associations. The first step of the PUD review is an informational meeting to consider the concept plan; the second step of the PUD involves more detailed preliminary plans and plats and involves a formal Public Hearing. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 Page two Mark McCullough Law Offices February 13, 1986 Information regarding future development proposals and development information on your neighborhood and nearby projects is available for review at the Plymouth City Center. Thank you for your inquiry. Sincerely, Blair Tremere, Director Community Development BT/gw cc: File Planning Commission Chairman Paul Steiger►►ald City Manager dames G. Willis Ms. Merrilee Riley, President Heritage Highlands HOA