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Council Information Memorandum 12-18-1998
Is 0 DECEMBER 18, 1998 1. COUNCIL MEETING SCHEDULE.- NOTE: CHEDULE.NOTE: Ward 1 Councilmember Tim Bildsoe meets with residents and receives their comments in the Administration Library, beginning at 6:00 PM before each Regular Council meeting. TUESDAY, JANUARY 5, 7:00 PM TUESDAY, JANUARY 12, 7:00 PM 2. MONDAY, DECEMBER 21, 7: 00 PM 3. THURSDAY, DECEMBER 24 4. FRIDAY, DECEMBER 25 5. FRIDAY, JANUARY], 1999 9 7 �W, MONDAY, JANUARY 4, 7.- 00 PM THURSDAY, JANUARY 7, 7. 00 PM REGULAR COUNCIL MEETING, Council Chambers TENTATIVE — SPECIAL COUNCIL MEETING, TOPICS TO BE DECIDED AT JANUARY 5 REGULAR MEETING YOUTHADVISORY COUNCIL, Medicine Lake Room City offices close at 2:30 PM for the Christmas holiday. City offices closed for the Christmas holiday City offices closed for the New Year holiday YOUTHADVISORY COUNCIL, Medicine Lake Room HUMAN RIGHTS COMMISSION, Medicine Lake Room December and January calendars are attached. (M-8) CITY COUNCIL INFORMATION MEMO Page 2 December 18, 1998 1. NEWSARTICLES, RELEASES, PUBLICATIONS, ETC. a) Plymouth Sun Sailor news story about the passage of the December 15 bond referendum. This story was obtained from the paper's web site and will appear in next week's news stand edition. (7-.1a) b) Association of Metropolitan Municipalities FAX News. (I -lb) c) Invitation to the Suburban Transit Association (STA) 1999 regional legislative meeting, Friday, January 22 at the Southwest Metro Transit Commission Eden Prairie transit hub. (1-1c) d) Information from the Suburban Hennepin Regional Park District regarding January 11 and 23 open houses to discuss the proposed development of Eagle Lake Park. (7-1d) e) Minnehaha Creek Watershed District Public hearing notice for a December 22 meeting to consider minor plan amendments and to approve two water resource projects.(I-1e) f) Invitation to the Community Ahead organization's "We Care About Kids Day", February 6 at the Northwest YMCA. (I-1fi g) Annual Report from the Plymouth Charter Commission to Chief Judge Daniel H. Mabley. (I -1g) 2. MINUTES a) Proposed minutes from the December 8 Annual Charter Commission meeting. (I -2a) 3. STAFFREPORTS a) Summary from Public Works Director Fred Moore on the December 17 public meeting about the Zachary Lane Landscape Plan. (I -3a) b) Update from Public Works Director Moore regarding the proposed relocation of County Road 61 from County Road 10 to the north city limits. (1-3b) 4. CITIZEN COMMUNICATIONS POLICY—CORRESPONDENCE A status report on the most recent correspondence is attached. (1-4) S. COUNCIL ITEMS a) 1998 Council meeting attendance record.. (1--5a) b) Draft agenda for the January 5, 1999 regular Council meeting. (1-5b) H U M's C; C,3CN to e �f •� -mom C13 00 N � Ch '� 2 n Ejon �xz� u C13 C/1 • ' � E �� � �r.y c Q% g C13. �' CN � 8= h N 00 E �' y s�� P. a t7 � A o 5-02 8 � a a>d••��d Qza 00 zi� _aR 20A r� Vl �O N N ON ON ON r -q � � � � � � �lo -- I Ct C;3 N CN .. /� » . � ,I d: . tea. d .©JO2w: all � ■o� .. &e.=�= £ . N O\ O\»>e.� ... 0 N \gm $k) (§78 u12 EE } `.\k ! f § 81CISƒ§§] §[|00 *! u E t �.�l=\ \ \\� - � 21 h � ■ . zz >� \ .. � � U � . . • om el arc -rnai Chonnel quu 40 Plymouth fNl�s 8'VATtS�SCO�B, 1eNltadw contact us . District 284 voters say 'yes' to school repairs By Sally Thompson Minnesota Sun Publications (Published: Thursday, December 17, 1998) Voters in the Wayzata School District approved an $18.5 million bond referendum for school repair and technology, casting 2,064 ballots for the referendum and 2,016 against on Dec. 15. The votes were canvassed around 11 p.m. during the Dec. 15 Board of Education meeting. The referendum was approved by a margin of approximately 1 percent, said Cheri Pancratz, communications coordinator for the district. About 33,000 District 284 residents were eligible to vote, and 4,080 went to the polls, said Superintendent Paul Beilfuss. "We are pleased that residents of the communities we serve continue to show strong support for our schools," said Board Chair Greg Rye. "The funds generated by this bond issue will allow us to move forward and make necessary improvements to our schools and technology program." The majority of the referendum -- $13.35 million -- is targeted for school repairs, such as roof repairs, tuckpointing, electrical upgrades and mechanical system upgrades, Pancratz said. Repairs will be spread over a three-year period, she said. District technology will be improved with $4 million from the referendum, Pancratz said. Outdated computers will be replaced, audio-visual equipment will be upgraded, and the district's network security system will be strengthened, she said. A total of $450,000 may be used to purchase land as a site for a future elementary school, and the remainder of the referendum funds are earmarked for permanent housing for the Family Service Center, improving athletic fields and expanding warehouse space for buildings and grounds, according to a brochure promoting the referendum. "Thank you to all who worked so hard to pass the referendum, especially the citizens who voted 'yes,'" Beilfuss said. Noting staff will proceed with planned renovations to ensure projects meet with residents' approval, Beilfuss said, "We will see that the taxpayers' financial support of our schools is handled prudently." er apers:: Receive an e-mail when the Sun Sailor comes online r Email: 1...._._...V .._W._.__, ........ d You only need to join the email list of one paper, all papers are put online at the same time. 1111ipil�ii� li�iqiiiiiii = I W� Minnesota Sun Publications ®1998. Main Office: (612) 896-4700, FAX: (612) 896-4818 From: AMM To: Dwight Johnson Date: 12/16/98 Time: 4:04:46 PM Page 2 of 2 AMM FAX NEWS AMMfaxder� ijf xeApcinOira�/yte a'lgMMdty mau,V&fW,MRillifbatan. McAfewaft if limen®e® to he fhaie0 ivlth Rayon, (twostmimuf to atde►titeov nfidat aftif Blob tantRatdtylffuer. 0la11iighti99dAW 74fkiyxityA meWeft ft Paul,11Bfo32af4 Molie(6P127f4m fax (42&-71ff [mail ammCiOM1117WAT December 14-18, 1998 VVIRS Association of Metropolitan Municipalities AMM seeks TAC candidates Due to recent resignations and term maximums, there are four positions open for AMM appointment to the Technical Advisory Committee (TAC). Candidates for TAC must have either an engineering, planning or public works background and must be at the de- partment head level. The TAC is the technical 21 funds for transportation projects in the seven -county metro area, plus Chisago County. Nominations are being solicited from the AM M / member cities M O: the metro arr ea. The AMM Board of Directors Vconsider such Nominations factors as geogra- are due to the phy, city size and AMM by Friday, relevant experi- Jan. 8, 1999 advisory commit- tee to the Transportation Advisory Board (TAB), which provides input to the Metro- politan Council and Minnesota Department of Transporta- tion. The TAB looks at selection criteria and funding for projects utilizing federal TEA ence. Please provide a brief re- sume and send nominations to Gene Ranieri by Friday, Jan. 8, 1999 at 145 University Ave. W, St. Paul, MN 55103-2044. Nominations may also be faxed to the AMM at (651) 281-1299. If you have ques- tions, please call the AM M at (651) 215-4000. S, SUBURBAN TRANSIT ASSOCIATION The Suburban Transit Association (STA) cordially invites you to attend our 1999 Regional Legislative Meeting Friday, January 22, 1999 7:30 A.M. - 9:15 A.M. Breakfast will be served at 7:45 A.M. Southwest Metro Transit Commission's Transit Hub 13500 Technology Drive Eden Prairie, Minnesota (see enclosed map) Please RSVP to Jennifer Peterson by phone at 228-9757 or by e-mail at jpeterson@mandklaw.com prior to January 8 Breakfast cost for legislators is $10.00 r rt SUBURBAN HENNEPIN REGIONAL PARK DISTRICT IL 12615 County Road 9 Plymouth, Minnesota 55441-1299 Telephone (612)559-900 41 559-6719 FAX 559-3287 t An Equal opportunity Emp Or-./ December 1998 Dear Park Neighbor: The Suburban Hennepin Regional Park District (Hennepin Parks) is considering Phase I Development of Eagle Lake Regional Park and has scheduled Public Information Open Houses on January 11 and January 23 to answer questions and accept comments about the proposed development plans. Enclosed for your review is a Background Information Sheet and a copy of the Development Concept Plan for the entire park; however, please keep in mind when viewing the concept plan that it includes proposed facilities for both Phase I Development as well as future development. As the Background Information Sheet indicates, most of the Phase I Development is proposed to occur within the designated special recreation use area located in the southern portion of the regional park. Hennepin Parks acquired much of the 230 -acre Eagle Lake Park property in the late 1970s, with the intent of developing it for active recreation as part of the Metropolitan Regional Park System. To date, the only development that has occurred has been an eight -foot wide trail between Eagle and Pike Lakes. The close proximity of Eagle Lake Regional Park to other regional park facilities enables the Park District to approach development in a comprehensive way aimed at addressing the needs of our regional constituents. Hennepin Parks operates several enterprise facilities that provide outdoor recreation activities, not only as a means of meeting demand for certain types of services and programs, but also to generate non -tax revenue. Enterprise facilities are considered in light of their ability to pay operating costs, provide future revenue to the Park District, and fund their own capital improvement costs. Many of the proposed improvements for the southern portion of Eagle Lake Regional Park meet these objectives and will provide operational funding for more typical regional park amenities. A public meeting notice with comment form is enclosed. Any written communications about the project received through February 5 will be submitted to the Hennepin Parks Board of Commissioners in February or March, 1999, for consideration. Sincerely, Douglas F. Bryant Superintendent and Secretary to the Board RECYCLED PAPER. Conserving our Resources Contains SOX teat recycled liber, 10% Puslc um liber Memo TO: Suburban Hennepin City Administrator FROM: Douglas F. Bryant, Superintendent DATE: December 14, 1998 SUBJ: Informational Packet on Eagle Lake Regional Park Attached for your information is the background packet Hennepin Parks is sending to citizens adjacent to Eagle Lake Regional Park regarding the proposed Eagle Lake Special Recreation Use Area Development. This information is also being sent to citizens who have called Hennepin Parks to inquire about the project, as well as to the local media. Staff has reviewed this information with many of you, but as a regional facility, we wanted to be sure that all city administrators/managers within Hennepin Parks' service area are aware of the details of this proposal. Please call me at 559-6748 if you have any questions or if I can be of service. C: Dick Edwards, City of Maple Grove Ann Hurlburt, City of Plymouth 12615 County Road 9, Plymouth, MN 55441 Phone: 612-559-9000 Fax: 612-559-3287 Suburban Hennepin Regional Park Propose Background Information Sheet December 1998 r Development of Eagle Lake Regio The Suburban Hennepin Regional Park District, also known as Hennepin Parks, is considering Phase I Development of Eagle Lake Regional Park. Hennepin Parks acquired most of the 230 -acre park property in the 1970s, with the intent of developing it for active recreation as part of the Metropolitan Regional Park System. The park is located in the cities of Maple Grove and Plymouth. The following questions and answers were prepared to address public inquiries about the park and its proposed facilities. Q, What does Phase I Development include and where within the park will it occur? With the exception of trails, development will be within the 100 -acre designated special recreation use area in the southern portion of the regional park. The special recreation use area is identified in the parks' Master Plan as an area designated to serve regional recreation needs. Phase I Development is proposed to feature: 2.3 miles of paved bikelhike trail linked to existing trails in Maple Grove and Plymouth • Golf Practice Center consisting of: a nine -hole executive course, nine -hole pitch and putt course (holes less than 100 yards), driving range with approximately 50 stations, and practice area for chipping, pitching, sand play and putting • Sheltered reservation picnic areas • Lawn games area featuring croquet courts • Clubhouse and maintenance buildings • Roads and parking areas As part of Phase I Development, year-round use is proposed, including a lighted sliding hill and beginner cross- country ski trails. The park's Master Plan also identifies plans for future Phase II Development, including facilities for boating, fishing access and picnicking. This development is not proposed to occur in the near future. Q. What are the goals of the Phase I Development project? • To provide expanded outdoor recreation and public golf opportunities • To provide a future non -tax source of revenue for regional park services that are not self-supporting • To develop the proposed facilities in a manner that is respectful of, and enhanced by, the natural park environment. Hennepin Parks is a natural resources based Park District created by the State Legislature in 1957. whose mission includes environmental stewardship and provision of outdoor recreation services. Q. Why is the proposed golf facility unique within the metro area? While Eagle Lake Golf Center will be attractive to all levels of players -- from the beginner to the experienced golfer — its primary purpose is to serve as a learning facility for adults, juniors and golfers with disabilities. An important focus of this proposed facility is to create more accessible and affordable golf opportunities for youth and beginner golfers. It is envisioned that this facility will serve as an introductory area, encouraging golf as a life-long activity and providing participants the skills and confidence to move on to more challenging private and public golf courses. Hennepin Parks is under consideration by the World Golf Foundation as a possible site for a "First Tee" program, which would provide extraordinary assistance from World Golf Foundation members (PGA. LPGA, USGA, etc.) in an effort to increase golf opportunities for youth and, in particular, youth from socio-economic backgrounds currently underrepresented as golfers. Q. Is it appropriate for a unit f government to operate golf course? Yes. Local units of government I operate approximately 50 percent of the public golf courses in the metropolitan area. Public and privately—owned golf facilities have positively co -existed throughout the history of the game. Both types of golf courses are necessary to meet demands for a variety of play experiences and affordability of play, particularly within the youth market. There are several benefits to government-owned and operated golf courses: • Specific control over land planning and environmental issues • Facilities are typically integrated into existing parkland, eliminating the need for additional land acquisition costs and resulting in affordable development • Facilities are operated with a public interest perspective rather than a solely profit orientation • Public access and affordable public fees are primary considerations • Facilities generate revenue that can offset costs of other recreation programs/services The Park District currently operates Baker National Golf Course, Glen Lake Golf & Practice Center and Cleary Lake Golf Course. Q. How has Hennepin Parks Environmental Stewardship Mission been considered? Both the Master Plan and Phase I Development Plan for Eagle Lake Regional Park reflect Hennepin Parks' desire to maintain the significant natural features of the site. Much of the site under consideration for Phase I Development was formerly old farm fields. The Park District uses environmentally sensitive maintenance practices in its golf course management. These practices include: • Consideration of natural features in the siting and routing of golf holes and other amenities • Management of conservation areas to promote wildlife habitat and development of natural buffers around amenities • Implementation of Integrated Pest Management Program (IPM) guidelines, which require close evaluation of pest problems to minimize use of chemicals • Use of soil testing and cultural practices to maintain healthy turf and efficiently use fertilizers Computerized irrigation system to use water resource efficiently and effectively Q. What is the time frame for the proposed Phase I Development of Eagle Lake Regional Park? The project is currently in the preliminary proposal stage. Hennepin Parks will solicit comments from citizens and public officials for review by the Park District's Board of Commissioners. Upon conclusion of the public information process, it is proposed that Hennepin Parks will work with consultants to prepare design/development plans and cost estimates for Phase I Development. It is estimated that design/development plans and cost estimates may be presented to the Hennepin Parks Board of Commissioners in the spring/summer of 1999 for consideration of project approval and authorization to proceed with construction. Q. If the project moves ahead, how will it be funded? No tax dollars are proposed to be allocated for the development of the golf enterprise facilities and supporting buildings. Revenue bond financing will be proposed and the area operated as an enterprise facility, with proceeds paying all operating and debt service costs. It also is proposed that segments of the planned trails and other recreation amenities within the special recreation use area will be rolled into the revenue bond and be paid for by the enterprise facility. Q. Will there be an opportunity for public input regarding the proposed development? Yes. Public Information Open Houses are scheduled for 7-9 p.m. on January 11 and January 28, 1999, in the Board Room of the Park District's Headquarters building in French Regional Park at 12615 County Road 9, Plymouth. Written public comments will be accepted through February 5, 1999. All written public comments will be submitted to the Hennepin Parks Board of Commissioners in February or March 1999. For additional information about the project, the public may write or call: Margie Ostlund, Director of Special Services = Hennepin Parks, 12615 County Road 9, Plymouth, MN 55411-1248 559-9000 or 559-6719 (TDD) EAGLE LAKE L QJ Unacquired I / ♦ _ y.1 �– P �. �..• i J v --_ 63rd AVE. N. -----------�� :-_. ''w p w; Pq Recreation x 80Np- Use Areas I .1- ., •^�-- t- - s . _ !L .•.�- '�- �. ==- �- /ham � _• . __.-i_.a —_ Wetlands .......= PIKE LAKE - f•'-_"-_;-`-_ SHOI CITY OF MAPLE GROVE -- CITY OF PLYMOUTH ' Jf `! ( D NORTH - -- (C 1 / � 600 tN • �`� I C �inj -� ' 1 ,:/ i I KEY TO FACILITIES /� N �( Jai \� �; I A. Clubhouse I : rG----� B. Maintenance Shop / 1 1" �—'— I—� C. Nine -Hole Golf Course D. Pitch and Putt Course / J o j�`- 0 �� �� �q1 E. Putting Green �vA) \71 I F. Teaching/Chipping Area ♦�-�� p% 1Z\`\4� 1 .G. Croquet Courts ~�----..��=_ B `bJ� I H. Driving Range 10 (BASS LAKE ROAD) EAGLE LAKE REGIONAL PARK SPECIAL RECREATION AREA Development Plan Hennepin Parks November 1998 I. Practice Tee J. Picnic Area & Sheller K. Boat Launch JL. Fishing Piers M.= Existing Paved Trail N. Proposed Paved Trail A. Proposed Unpaved Trai P. Parking Dates: Time: T A.- - 1(� Suburban Hennepin Regional Park District Notice of Public Information Open House On Eagle Lake Regional Park Special Recreation Use Area Development Proposal Monday, January 11 Thursday, January 28 7:00 - 9:00 PM Location: Hennepin Parks Headquarters Office French Regional Park 12615 Co. Rd. 9 Plymouth, MN Phone: 559-9000 14 41 RIC EI E0 DEC 16 1 Purpose: The Suburban Hennepin Regional Park District, also known as Hennepin Parks, will provide informational exhibits and material describing the proposed trail, recreation and golf enterprise features for the development of the special recreation use area within Eagle Lake Regional Park. Staff will be available to answer questions and solicit citizen comments for submittal to the Park District's Board of Commissioners. A comment submittal form appears on the reverse side of this announcement. Comments will be accepted through February 5. Comments can be submitted as follows: • At the Public Open House • Mailed to the address as appears above • Faxed to Hennepin Parks at 559-3287. Project Proposal: (See attached Background Information sheet and Conceytual Plan) Questions: For additional information call, fax, or e-mail. Hennepin Parks (Phone) 559-9000 (Fax) 559-3287 Douglas F. Bryant, Superintendent dbryant@hennepinpar_ ks.org Margie Ostlund, Director of Special Services mostlund@hennepinparks.orQ Name: Address: Phone: Suburban Hennepin Regional Park District Proposed Eagle Lake Regional Park Special Recreation Use Area Plan CITIZEN COMMENT FORM W (H) (W (Fax) (E-mail) I would like to present the following comments to the Hennepin Parks Board of Commissioners: Signature Date (Please feel free to submit additional pages or attached prepared statement) Bring this form to a Public Open House, mail to Hennepin Parks at 12615 Co. Rd. 9, Plymouth, MN 55441 or fax to 559-3287 SUBMITTAL DEADLINE FEBRUARY 5,1999 Minnelialia Creekin Watershed District I- I e" j, roving Quality of Water, Quality of Life t1 A Gray Freshwater Center Hwys.15 819, Navarre Mail: 2500 Shadywood Road Excelsior, MN 55331-9578 Phone: (612) 471-0590 PUBLIC HEARING NOTICE Fax: (612) 471-0682 ( Nlinnehaha Creek Watershed District j Board of Managers is continuing the Public Hearing at Email: I 6:30 pm, on Tuesday, Dec. 22, 1998, at the Hopkins admin@minnehahacreek.org City Hall, Council Chambers, 1010 V St., Hopkins, to Web Site: ! consider minor plan amendments to and approval of two (2) water resources projects proposed for inclusion in the www.minnehahacreek.org Districts Water Resources Management Plan begun Nov. 12, 1998 at the Minneapolis City Hall, for the following projects: Board of Managers Pamela G. Blixt James Calkins Lance Fisher Monica Gross Thomas W. LaBouI Thomas Maple, Jr. Malcolm Reid Pfsd on fwycW At 1AAAt.TK r,W M Regional Water Quality Detention — 60"' St. & First Ave., Minneapolis, to construct a stormwater detention pond, at an estimated cost of $1,509,000 to be paid by ad valorem taxation with approximately 51,459,655 from Hennepin County and approximately $49,344 from Carver County. Lakes Nokomis and Hiawatha Water Quality Improvement, to construct wet detention basins, grit chambers and certain outlet modifications, and alum treatment to improve lake water quality, at an estimated cost of $1,976,100 to be paid by ad valorem taxation with approximately $1,911,481 from Hennepin County and approximately $64,618 from Carver County. If you have any questions regarding these Public Hearings, please contact MCWD at 471-0590, or submit written comments to MCWD, 2500 Shadywood Road, Excelsior, MN, 5533Ion or before Dec. 22, 1998. WE A ABOUT A free family December 11, 1998 Joy Tierney Mayor City of Plymouth 3400 Plymouth Blvd 'Plymouth, MN 55447 event ,fa;prQrnote youth assets You are invited to participate in our first annual "We Care About Kids Day" celebration held at the Northwest YMCA on February 6, 1999 between 10 AM and 4 PM. We hope you will join us to meet the families of our community and learn about the youth asset building movement. Community Ahead is a community sponsored initiative to improve the assets of our youth. The asset building model rests on the simple belief that children and teenagers are most successful when they possess as many of 40 developmental assets as possible. In simplest terms asset building holds that the more assets a young person has the more likely they are to practice "thriving behaviors" (good health, strong school performance, service to others, etc.). Conversely, the fewer assets they possess, the greater the likelihood that the youth will engage in "risk behaviors" (drug and alcohol use, sexual activity, violence, poor school performance, etc.). Children gain assets from the supportive, challenging, and nurturing relationships the young person has with the adults in his/her life. Community Ahead and the YMCA are the lead sponsors of the event but a project of this scope is only possible through the efforts of our whole community. Other organizations serving families and youth participating include: North Memorial Health Care, Robbinsdale Park and Recreation Seniors Program, Robbinsdale Area Redesign, Adventures in Fathering, District 281 Schools Senior Services, Early Childhood Family Education and Golden Valley Police. These organizations and many others have joined with us to provide displays, entertainment, and demonstrations for the attending families. As the centerpiece of our day we will present several residents of the District 281 cities with Role Model awards. These awards honor adults who are outstanding role models for our youth and youth who act as peer role models. We hope you can take part in the ceremonies to be held from 2:00 to 3:00 PM that day. I or another of our organizing committee members will call you in the next two weeks to see if you are able to attend. If you know you are able to attend please ca<AHE>AD Linda Kemper at the District 281 Community Education Office (504-4902) to RSVP. Please join us in our celebration of "We Care About Kids Day". Sincerely, A��'� � Brad Brown Co -Chair, Community Ahead Serving the communities of Robbinsdale Area Schools 4139 Regent Avenue North Robbinsdnle MN 55422 Tel.612.504.4903 Fax.612.504.4911 12/15/1998 14:54 6124756311 ROBERT C SIPKINS PAGE 02 December 15, 1998 Chief Judge Daniel H. Mabley Fourth Judicial District Court Hennepin County Government Center Minneapolis, MN 55487 Dcar Judge Mabley: The Plymouth Charter Commission is pleased to present to you the annual report of its activities during 1998, pursuant to Minnesota Statutes 410.05, Subd_ 2, The Commission's annual meeting was held on December 8, 1998. During 1998, the Charter Commission dealt with three issues. Amendment Requiring.SYgermajorit}' Vote for Tai Rate Increme. The Charter Commission met three times during 1998 to discuss the proposed charter amendment which would require a supermajority vote of the city council for a tax rate increase. The Charter Commission worked with the City Council to craft an alternative to the amendment proposed in 1996. The alternative amendment enables the City Council to adopt a supermajority requirement by ordinance. The ordinance could be repealed after a public hearing; however, the effective date of repeal is one year after adoption of the repealing ordinance. The alternative amendment was approved by Plymouth voters in November 1998 by a vote of 21,235 in favor, 5,143 opposed. Amendment on Campaign Contributions. The Charter Commission recommended that the City Council adopt by ordinance an amendment to Section 5.02, Subd. 1 of the Plymouth City Charter pertaining to campaign contributions. This section was deemed unconstitutional. This amendment was approved by the City Council on June 24, 1998. Special Elections. As we move into 1999, the Charter Commission has begun to study the issue of low voter turnout at recent special elections. While Plymouth's turnout at the November general election was approximately 74% of registered voters, at a special election in May the turnout was only 6%. 1 have appointed a sub -committee of the Commission to research and investigate the issue, and report back to the Commission in late Spring 1999. The 1999 officers of the Plymouth Charter Commission are Robert C. Sipkins, Chairman, Lawrence P. Marofsky, Vice Chairman; and Terry Donovan, Secretary. 12/15/1998 14:54 6124756311 ROBERT C SIPKINS PAGE 03 December 15, 1998 Page Two Thank you for your guidance and assistance, and we look forward to working with you in the coming year. Very truly yours, Robert C. Sipkins RCS/pjb ':�"V6 1 Plymouth Charter Commission rc� !�-Lcl December 8,1998 Minutes Present: Bob Sipkins, Mary McKee, Kapila Bobra, Larry Marofsky, Timothy Peterson, Terry Donovan, John Duntley, Jon Speck, Lori Schwartz, Ellie Singer, Joy Tierney, Dave Pauba, Ty Bujold, Thomas Murphy Absent: Scott Martin Others: Assistant City Manager Kathy Lueckert, City Clerk Laurie Ahrens Councilmember Tim Bildsoe Call to Order Bob Sipkins called the meeting to order at 7:00 p.m. in Public Safety Training Room, 3400 Plymouth Blvd. He welcomed Thomas Murphy to the Commission. Approval of Minutes Motion by Kapila Bobra, second by John Duntley, to approve the minutes of the June 16 meeting. Motion carried: 12 ayes; Singer and Pauba abstained. Discussion on Timing of City Special Elections Bob Sipkins introduced a discussion on the timing of City special elections. He noted that there was a 74 percent turnout in Plymouth in the 1998 general election, compared to a 6 percent turnout in the special election held in May 1998 on the activity center/fieldhouse issue. This raises the question of whether special elections, in years when general elections are otherwise scheduled, are good public policy because significant issues are considered by a relatively small number of voters. Kathy Lueckert presented the staff report which included options to consider, a history of voter turnout in Plymouth, and results of preliminary staff research on the issue. Kapila Bobra asked if an analysis has been done on why the voter turnout was so low in the May special election. Bob Sipkins said that the turnout in the May special election was not unusual. The turnout for special elections in Plymouth has varied from 6 to 12 percent over the past years. Kathy Lueckert explained that the election was held in May to take advantage of a favorable bidding climate. Publicity on the issue included an insert and articles in the Plymouth News, information on the web site, and ample coverage in the local newspapers. Plymouth Charter Commission December 8, 1998 Page 2 Ty Bujold noted that there could be situations where urgency is involved with respect to calling a special election, and it may not be reasonable to wait until a general election. However, it should be considered whether it is reasonable to generally allow special elections at times when voter turnout tends to be very low. He asked if bond referendums are the likely subject of most special elections. Ellie Singer said the 1991 special election related to the proposed change in the City's election year. Based on her experience as an absentee ballot election judge, she believes that the method of voting may change in the future. Examples of mail voting, internet voting, and voting on Saturdays were briefly discussed. Larry Marofsky said the date of a special election may be selected because it is important to get action on an issue, but it can also be selected to take political advantage of a limited turnout. He suggested that it may be wise to consider whether a certain turnout threshold should be required for passage of an issue when elections are scheduled on dates other than regularly scheduled elections. Joy Tierney said that money is saved when elections are held in conjunction with another jurisdiction. Bob Sipkins noted that the terms of seven Charter Commission members will expire in June. He asked whether the issue should be delayed for consideration until the new Charter Commission members are appointed. Jon Speck said that an unfair advantage can currently be achieved through the timing of an election. He believes the Charter should "level the playing field", and he supports studying options to ensure a strong voter turnout for special issues on the ballot. Larry Marofsky said there are ten instances where voter turnout has been less than 10 percent in special elections. Four of those elections were special state senate or state representative elections affecting only a portion of Plymouth, and two of the elections were general elections held in November. He questioned whether or not it is a significant concern to be addressed. Joy Tierney said that one option would be to require that special elections held at times other than a general election be held by mail ballot. However, there are cost impacts because an election conducted by mail ballot is considerably more expensive than an election with voting in the polls. Tim Peterson said that citizens also have an obligation to keep themselves informed. There is the assumption that the more voters who vote are informed voters. He said that Saturday elections should be considered if the concern is to attain a higher voter turnout. Plymouth Charter Commission December 8, 1998 Page 3 ]:-Z(5 Bob Sipkins responded that he views the issue as whether questions of significant public policy should be decided by a relatively few voters at a special election or by many voters (informed or not) at a general election. Larry Marofsky said that another reason to consider requirements is to eliminate the possibility of using the timing of an election to affect the outcome. John Duntley said that school districts often schedule special elections on bond referendums, but generally their debt service as a portion of budget is relatively small. If the City had situations where bond referendums were more frequent, the City may do some of the same things as the school districts with respect to election timing. Joy Tierney stated that elected officials may not want to be on the same ballot as a bond referendum issue. However, if individuals are campaigning for office at the same time as a pending referendum issue, it tends to increase debate on the issue. Larry Marofsky added that residents can become more informed because of the increased debate on an issue, and citizens are more aware of the upcoming election. Kapila Bobra agreed that debate on issues results in education of voters. Kathy Lueckert said that if restrictions are placed on when and how bond referendums can be held, it could encourage Councils and staffs to find ways to accomplish the same purpose without an election. Ty Bujold said there is an assumption that the greater the number of persons voting in an election, the greater is the percentage of persons educated on the issues participating in the democratic process. He believes this is a legitimate and important Charter consideration and suggested that a committee be selected to explore the issues relating to special elections with input from various groups including the League of Women Voters, with a report back to the Charter Commission. Jon Speck opposed delaying consideration of the issue until the new Commissioners take office in June. He suggested that the Charter Commission should move forward with its work and allow the new members to take over consideration of the issue at that time. Lori Schwartz asked who made the decision to administer the special election in 1991 by mail ballot. City Clerk Ahrens briefly described the mail ballot process. The decision to conduct the 1991 special election by mail ballot was made by the City Council. Plymouth Charter Commission December 8, 1998 Page 4 Councilmember Tim Bildsoe addressed the Charter Commission. He explained that the City Council decided to go to the voters through a special election on the activity center/field house issue in May 1998 because the Council felt it was important that citizens have an opportunity to vote on whether the project should proceed. The City Council did not have to conduct an election on the issue. If the vote had failed, then the project would not have proceeded. He said that Plymouth has a very low debt per capita and many projects have been funded internally. He was surprised at the very low turnout at the May election, but noted that many people who said they were going to campaign on the issue did not do so. The election was well publicized by the City, and he believes that many citizens did not really care if the issue passed or failed; therefore, they did not vote. He said that in this country, people can decide not to vote. Councilmember Bildsoe explained that a May special election was held to take advantage of a favorable bidding climate and low interest rates, and the timing of the election saved the City over $100,000. He does not believe the City should be penalized by regulations on future special elections because of a low voter turnout. Councilmember Bildsoe asked the Commission to consider the example of the City's potential need for an immediate bond referendum in the event of a disaster that destroyed the city hall and/or public works facility. Reconstruction of the buildings would need to be funded through municipal debt, and a special election would be needed quickly. Ty Bujold thanked Mr. Bildsoe for his comments. He believes that it is appropriate for the Charter Commission to seek ways to get better voter turnout and the Commission should take advantage of greater deliberation on the issue. One option is to allow special elections only under special circumstances. Motion by Ty Bujold, second by Larry Marofsky, that the Chairperson be empowered to create a committee, comprised of four Charter Commission members, to consider the general subject of special elections and how that subject is associated with encouraging greater voter turnout. The Committee is to report back to the Commission at the next meeting. Ellie Singer said she still questions whether the Charter Commission needs to address this issue. Terry Donovan suggested that it is useful for the Charter Commission to examine the entire issue of voting. This should include consideration of mail balloting, as well as other ways to increase voter participation in Plymouth. He believes that the issue of the lifestyle of Plymouth residents should be considered in order to determine how to get people to vote. He said that the Charter Commission discussion could be useful in structuring public participation and voting in Plymouth for the next 20 years. Joy Tierney noted that the next scheduled Charter Commission meeting is in December 1999. After discussion, it was decided that the Committee will report to the Charter Plymouth Charter Commission December 8, 1998 Page 5 'L- Z 8, Commission before June 1999, at a meeting which will be called by the Chairperson. The Charter Commission also expressed interest in holding a subsequent meeting in the summer to meet with the new Commissioners. Motion carried: McKee, Singer, Bobra, Bujold, Sipkins, Donovan, and Speck ayes; Peterson, Duntley, Schwartz, Murphy, Tierney, and Pauba nays; Marofsky abstained. Bob Sipkins announced that the motion carried, and he appointed Terry Donovan, Mary McKee, Ellie Singer, and Kapila Bobra to the Committee. He will serve as ex -officio member to the Committee. Annual Meeting Ellie Singer moved, seconded by Dave Pauba, to elect Bob Sipkins as chairperson of the Charter Commission for 1999. The motion passed: 13 ayes; Sipkins abstained. Dave Pauba moved, seconded by Ellie Singer, to elect Larry Marofsky as vice chairperson of the Charter Commission for 1999. The motion passed unanimously. Bob Sipkins moved, seconded by Ellie Singer, to elect Terry Donovan as Secretary of the Charter Commission for 1999. The motion passed unanimously. Bob Sipkins reviewed the draft of the annual report to Judge Mabley. He asked for comments and suggestions. Terry Donovan moved, seconded by Dave Pauba to approve the annual report to Judge Mabley, with a minor correction and with modifications relating to the new officers and appointment of a committee to research the issue of voter turnout in special elections. The motion passed unanimously. Other Business Bob Sipkins noted that the terms of seven Charter Commissioners will expire in June 1999. He thanked these seven members for their involvement in the drafting of the original City Charter and for their service to the community. He requested that staff contact Judge Mabley to begin the process to solicit applications for appointments. Ellie Singer was joined by the Charter Commission in commending Bob Sipkins for his work as Chairperson in 1998 and for serving as an excellent liaison between the Charter Commission and the City Council. Larry Marofsky moved, seconded by Terry Donovan, to adjourn the meeting at 8:15 p.m. The motion passed unanimously. DATE: December 18, 1998 TO: Dwight D. Johnson, City Manager FROM: Fred G. Moore, P.E., Director of Public Works SUBJECT: ZACHARY LANE LANDSCAPE PLAN 36TH AVENUE TO BASS LAKE ROAD CITY PROJECT NO. 5030 Thursday evening on December 17, an open house was held on a preliminary landscaping plan along the new Zachary Lane roadway. This project extended from 36' Avenue to County Road 10. This was conducted as an open house from 6:30 p.m. to 8:00 p.m. at the Plymouth Ice Center. All of the property owners abutting Zachary Lane had been notified of the open house and we also notified a larger area with an article in our Project Update which they received. There were approximately 12 residents that attended the open house to review the plan. Councilmember Ginny Black also attended the open house. The residents were pleased with the plan which they saw, and City staff and the consultant received comments on some minor changes which will be incorporated within the final plan. The final plan will be presented to the City Council approximately in February in order that the landscaping can be bid for installation this spring. This is the last contract to complete the Zachary Lane Improvement Project. cc: Dan Faulkner Dan Campbell N:\pw\Enginaring\PROJEC7S\530\MEMOS\dW]GNT 5030 12 18.doc DATE: December 18, 1998 TO: Dwight D. Johnson, City Manager -�r L. FROM: Fred G. Moore, P.E., Director of Public Works SUBJECT: RELOCATION OF COUNTY ROAD 61 COUNTY ROAD 10 TO NORTH CITY LIMITS CITY PROJECT NO. 9004 Several weeks ago I provided you and the City Council with a copy of the preliminary plan prepared by the county on the relocation of County Road 61 (Northwest Boulevard) from County Road 10 to our north city limits. This county project would complete County Road 61 from County Road 10 northerly to I-94 in Maple Grove. This is the last segment of street to be completed to provide a continuous four lane street from I-394 on the south to I-94 on the north. It provides the roadway to relieve traffic on I-494 and provides the direct access and major route for the large industrial complex within Plymouth. One of the last portions of the preliminary plan to be completed by the county is what happens to existing Hemlock Lane (now County Road 61 north of County Road 10). In accordance with the City's Transportation Plan, this is to become a residential street to serve the two neighborhoods along either side of the roadway. At the present time, the traffic volumes on this roadway are approximately 8,000 vehicles per day. After County Road 61 is relocated, we would expect the traffic volumes on Hemlock Lane as a residential street to be in the neighborhood of 1,500 vehicles per day. Without some type of street closure or a partial one way, we will not get this reduction in traffic on Hemlock Lane since it would continue to serve as a very convenient "cut through" for westbound traffic on County Road 10 wishing to go north on County Road 61. As part of the County's plan and justification for constructing the new County Road 61, the median opening on County Road 10 at Hemlock Lane will be closed; and therefore, no eastbound traffic will be able to turn and go north on Hemlock Lane. N:%pwXF.nginaringXPROJECM9004%Memos\Dwight Rela 61.doc RELOCATION OF COUNTY ROAD 61 Page 2i 3 The construction of County Road 61 will provide a great benefit to the neighborhood by reducing the traffic volumes from that of an arterial street to a minor neighborhood collector street on Hemlock Lane. It will cause some minor inconvenience for the people living in the neighborhood. We did receive some comments at the open house which was held previously on the plans, but we would like to give the opportunity for all property owners within this immediate area to give us their opinion. Attached is a copy of a letter and a survey which we have sent to all of the property owners that are bounded by the new County Road 61, County Road 10, Pike Lake, and our north city limits line. We are requesting that they rank three alternatives with their first, second, and third choice. The'data from this survey will then be used to prepare a final recommendation on the modification to existing Hemlock Lane. The construction of new County Road 61 is proposed as part of the County's 2000 construction program. Please let me know if you have any questions. attachment N:%pwlEngineering%PROJECPS\9004\Memos%Dwight Relac_61.d- December 17, 1998 KPIN* -NAME* «ADDRESS» «CITY», -STA- ,ZIP)- Ciiv OF PLYMOUTH SUBJECT: CSAH 61 (NORTHWEST BOULEVARD/HEMLOCK LANE) QUESTIONNAIRE ON HEMLOCK LANE ALTERNATIVES FROM BASS LAKE ROAD TO 62ND PLACE CITY PROJECT NO. 9004 Dear Resident: On November 5, 1998, staff members from both the City of Plymouth and Hennepin County held an open house to review the county's preliminary plans for its County Road 61 construction project proposed for late 1999 through the year 2000. The project consists of a new alignment for Co. Rd. 61 from Bass Lake Road to 62' Place, where it will proceed northerly into Maple Grove then along the existing Hemlock Lane alignment up to I-694. At the open house, various alternatives were presented for the existing section of Hemlock Lane between Bass Lake Road and 62' Place, as it will be returned to the City and become a city street rather than a county road. The City and county would now like to determine which of the alternatives is most desirable to the affected neighborhoods in this area. To assist us in answering this question, please find the enclosed questionnaire which offers three alternatives that we are requesting you to rank in order of preference and return to the City Engineering Department by January 1, 1999. For your information, as part of any of the three proposed alternatives the existing median opening on Bass Lake Road at Hemlock Lane will be closed and the existing traffic signal removed. In addition, City staff is recommending that a new traffic signal be installed at the intersection of Hemlock Lane/Co. Rd. 61/62nd Place. While some residents have expressed an interest in keeping Hemlock Lane open to both northbound and southbound traffic from Bass Lake Road to its new intersection with Co. Rd. 61 this is not being offered as an acceptable alternative. The purpose of constructing the new segment of Co. Rd. 61 from its existing terminus at Bass Lake Road is to provide continuity to County Road 61 and provide for the arterial function of \\PLy NTNtdiskI%pwlEngineering\PROJECTS\9004\Ltrs\Qoestionnaireform.dae PLYMOUTH A Beautif u(Pluee ?v Live 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (612) 509-5000 www.d.plymouth.mn.us Page 2 a county road which is primarily for mobility. The portion of Hemlock Lane in Plymouth will become a City street with its primary function to provide access to the adjacent neighborhoods. The purpose of the enclosed questionnaire is to address how to best change Hemlock Lane so that it will function as a City street rather than a county road after the Co. Rd. 61 extension project is complete. Other questions, comments and concerns which City and county staff received at or after the November 5' public meeting are still being considered and will be addressed in the near future with the county's preliminary plan preparation. Thank you for taking the time to complete the enclosed questionnaire and if you have any questions or comments please contact either Dan Faulkner at 509-5520 or Dan Campbell at 509-5522. Sincerely, Daniel L. Faulkner, P.E. City Engineer enclosure cc: Fred G. Moore, Director of Public Works N:%pw%Engineering%PROJECTS%9000,-tn%Qtmtionnairefmm 2.doe 5 T, b QUESTIONNAIRE HEMLOCK LANE - BASS LAKE ROAD TO 62ND PLACE Name Address If your name and/or address as they appear on the cover letter are incorrect, please check here so we can update our records. FI Please rank options for Hemlock Lane as shown on the enclosed maps (rank most preferred as No. 1, least preferred No. 3). Alternate 1 - Close Hemlock Lane, between 60" Place and Bass Lake Road (Open to emergency vehicles only). ❑ Alternate 2 - Construct cul-de-sac on Hemlock Lane north of 60' Place. Alternate 3 - Close Hemlock Lane to northbound traffic from 60' Place to the first driveway. Comments 4:\pw\Enpneering�PROIEM90061MisclQuestionnairc tiem.doc '-f' 3 b (Please fold, staple, or seal, add postage and return) ------------------------- fold here first ------------------------- fold here second City of Plymouth Engineering Department C/O Dan Faulkner, City Engineer 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Staple here �l ANP d m _Alte_rmaie. 1 Nofe: Open +o erner•9ency vehicles only moi] o—� ------,,------�------------------- _ ------ Iii all —d44qL*WA-- — I -�—D t J1 lL 01, ED �c 60 th f L . —�'j Altermaie 2 0 �� &1 1-10 1Tp .� )ZZ7 a � 1J 1% bond' ♦caff�e ow A 1 f e;rr�a-te 3 i 00 rnc�O�O�rnO�o� 00 00 00 00 00 00 00 rn ON 01 �G I'D r- w cq I- N N N O 0 0 0 N N wwwwwwwww T T Ol I'llON •-, d' O� ON N O W D N N O O •- + O N --� oo���NNNN ON 011 a ON ON ON ON ON G% t-�tt O\ M 4 N N 4 C,, O O •-+ N O O O r+ O 0000�NNNN ON O� ON ON l� [� O� M M t� N .-� O\ O O N O �--� O• -� O 0 .c o A o~ U b to 0 mon 0 a 0 axi o o A4 W ° o 4-, to , y N ° a0. 0 E�axHx rn ° o ° y ° 0 0 >-d�„ Aa�tiv�waA�� N cd H N 3 0 0 '0 '°' 0 0 ^. 3 pq��: C to d vi 116 t� oo C� C CV �O �o IC �o 1.0 \o t,- r- CITY COUNCIL MEETING ATTENDANCE - 1998 X - Absent r DATE MEETING TYPE I Bildsoe I Wold I Johnson I Preus I Spigner I Black Tierney 02/04/98 01/07/98 Special 01/07/98 Regular 01/21/98 Regular 01/26/98 Special X X X 02/04/98 Regular X 02/11/98 Special X 02/18/98 Regular 03/04/98 Regular X 03/11/98 Special X 03/18/98 Regular 04/01/98 Regular 04/08/98 Board of Review 04/15/98 Regular 04/29/98 Board of Review 05/06/98 Regular X 05/13/98 Special X 05/20/98 Regular 05/27/98 Special X 06/03/98 Regular X 06/10/98 Special X X 06/24/98 Regular 07/08/98 Regular 07/22/98 Special X 07/22/98 Regular X 08/05/98 Regular X 08/19/98 Regular 08/20/98 Special X X 08/26/98 Special X X 10/07/98 Regular 10/14/98 Special X X X 10/21/98 Regular 11/04/98 Regular X 11/17/98 Special 11/18/98 Regular X 11/30/98 Special X X 12/02/98 Regular 12/06/98 Truth in Taxation X X X 12/09/98 Special 12/16/98 Regular CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JANUARY 5,1999,7:00 PM OATHS OF OFFICE—Kelli Slavik, Councilmember Ward 2; Scott Harstad, Councilmember at -Large 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUM Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.1 4.2 4.3 4.4 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.1 Approve proposed City Council Minutes * Items require 5 affirmative votes of the City Council for approval REGULAR COUNCIL MEETING January 5, 1999 Page 2 6.2 Approve Disbursements 6.3 Annual Appointments: 6.4.1 Appoint Council Secretary 6.4.2 Designate Official Depositories 6.4.3 Ratify Surety and Blanket Bonds for City Employees 6.4.4 Appoint Health Officer 6.4 Approve Interim Home Occupation License to allow non-resident employees for an existing landscape business located at 1890 Troy Lane North. Karl & Joyce Pokorny. (98178) 6.5 Approve Site Plan and Conditional Use Permit to allow construction of a building with up to 100 percent office use in the I-2 (General Industrial) District, for property located south of 27 h Avenue at 28`h Avenue North. Opus Northwest, LLC. (98190) 6.6 Receive 1998 Human Rights Commission Annual Report and Approve 1999 Work Plan 6.7 Approve exemption from Lawful Gambling for bingo and raffles to be conducted at Pilgrim Lane School Carnival on April 30 6.8 Approve Ice Center Cleaning Contract 6.9 Establish January 12 as a Special Council Meeting 6.10 Adopt Ordinance eliminating Ostriches from definition of "Wild Animal" in Animal Ordinance 7. PUBLIC HEARINGS 7.1 * Items require 5 affirmative votes of the City Council for approval REGULAR COUNCIL MEETING January 5, 1999 Page 3 8. GENERAL BUSINESS *8.1 Approve Amending the text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance. The proposed amendments address both technical (typographical errors, etc.) and substantive changes regarding Sign Definitions; Public Notification; Non -conforming Buildings, Structures, Uses and Lots; General Building and Performance Standards; Accessory Buildings, Structures, Uses and Equipment; Fencing/Screening/Landscaping; Off—Street Parking and Loading; Building Relocation; Sign Regulations; Temporary Structures; FRD District; O—R District; C-2 District and PUD District. City of Plymouth. (98183) 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 10. ADJOURNMENT * Items require 5 affirmative votes of the City Council for approval CITY COUNCIL UPDATE ON PROSECUTION SERVICES CAMPBELL KNUTSON, P.A. December 18, 1998 INTRODUCTION Campbell Knutson provides criminal prosecution legal services to the City, in addition to our civil legal services as City Attorney. We provide a full range of prosecution services to Plymouth, including: *Arraignments *Jury Trials *Pretrials *Probation Revocation Hearings *Court Trials *Sentencing *Omnibus Hearings *Formal Complaints *Code Enforcement *Forfeitures Campbell Knutson has always treated prosecution services as an integral component of our municipal representation. Elliott Knetsch has continuously prosecuted for several public clients since his admission to the bar in 1985. We have never trained in a new associate to handle prosecution who then moves on and is replaced by another new associate. As a result, we have delivered effective prosecution services and a continuity in the relationship between our office and the Police Department. During the years we have represented Plymouth, we have strived to provide cost effective services. Prosecution legal fees have increased only 8% since January 1, 1995. During that same period, Police Department activity' has increased an average of 58.77% annually. Currently, Elliott Knetsch and Matt Brokl serve as your prosecutors. Matt has handled Plymouth cases since he joined the firm in May, 1995. We also have three full - 'Activity is defined as the number of DUIs, assaults, and traffic citations issued, based upon data supplied by Plymouth Police Department. Campbell Knutson, P.A. City Council Update _1_ on Prosecution Services time legal assistants who assist the attorneys with the prosecution workload. This group forms the team that is totally committed to providing Plymouth the best possible representation. ADmMSTRATION/INVESTIGATIONS We enjoy an excellent working relationship with the Public Safety administrative staff. Elliott attends the senior administrative staff meeting monthly. This allows an opportunity for an exchange of information and to be kept apprised of new developments. We provide legal services beyond prosecution of criminal cases. We draft ordinances, handle administrative and personnel legal issues, assist with data practices act compliance and answer general legal questions. In addition, we handle vehicle forfeitures as a result of DUI arrests. Plymouth has implemented the most aggressive, and successful, forfeiture program in the state. Dozens of vehicles have been forfeited, which produces additional revenue to the City. We also prosecute cases generated as the result of the City's diligent enforcement of City and State tobacco and liquor licensing laws. The City generates over 250 of these cases each year. We have worked with City staff to implement the best ways to conduct compliance checks, which lead to successful civil sanctions against license holders whose establishments violate the law. Campbell Knutson, P.A. City Council Update -2- on Prosecution Services We also occasionally appear in Court representing the City in cases where the City has denied gun permit applications, to ensure that those who are disqualified by State law from acquiring or carrying a gun do not obtain a gun. In 1998, we represented the City on a committee which reviewed the fine allocation between the City and the County. The County's original proposal would have reduced the City's current fine revenue by about one-third. Through our efforts, and those of other cities, the legislation which was enacted increased the standard fines levied, and gave the increase to the County. The City's share of fine revenue was not reduced. We also annually participate in instructing the State of Minnesota, Department of Public Safety, Division of Emergency Management, Developing Volunteer Resources course. Also in 1998, Elliott gave a presentation to the Plymouth Citizen's Academy on the role of the City Attorney, and an overview of the criminal court process. We also work closely with the investigators on all non -traffic offenses. Investigators often consult us for direction on pending cases. We also handle over 100 worthless check cases per year, which provides a valuable service to local merchants, despite urging by the former chief judge to keep those cases out of criminal court, and to limit merchants to the time consuming and often ineffective remedy of conciliation court. Campbell Knutson, P.A. City Council Update -3- on Prosecution Services We also worked with Investigation in planning and conducting undercover work at a local business that provided on-site escort services and massages. Due to the City's efforts, that business closed. PATROL We are always striving to maintain and improve our relationship with patrol officers. We participate in ride-alongs to learn more about patrol practices, which can be invaluable information in Court. Both Elliott and Matt are available 24 hours a day. We regularly provide information on new court cases affecting patrol, and provide legislative updates after each session. We have provided training memo's and video-taped presentations for use in training sessions and roll calls. Elliott recently conducted a training seminar on automobile search and seizures for the entire department over two days. All officers attending received POST Board credit, at no charge to the City. Elliott attended and completed the LASER training put on by the department, to better understand the technology involved and how LASER is used. Elliott also attended a truck violation selective traffic enforcement program to see first hand how trucks are inspected and the nature of various truck violations. Officers and the City Attorney have regular contact at court trials. Out of literally more than a hundred trials over the past four years, only a very few have been lost. These excellent results demonstrate the effectiveness of the patrol/city attorney team. Campbell Knutson, P.A. City Council Update -4- on Prosecution Services Citations issued by Plymouth since 1995 are as follows: CITATIONS2 Year Speed Other Hazardous Viol. D.L. Viol. and No Ins. Other Non- Hazardous TOTALS 1995 3,677 1,722 1,717 2,424 9,540 1996 4,913 2,431 1,495 3,144 11,983 1 1997 3,990 1 2,032 1,234 2,885 10,141 Traffic citations have increased substantially since 1994, when a total of 6,204 citations were issued. The average yearly increase since 1994 is 58.77%. During that same period, legal fees for prosecution services have risen 8.0%. Fine revenue has also increased drastically since 1994, as follows: FINE REVENUE' 1994 373,148 1995 574,054 1996 777,900 1997 685,882 1998 601,0 'Statistics provided by Plymouth Police Department. 'Figures provided by Plymouth Police Department. °Estimate based upon first eight months of 1998. Campbell Knutson, P.A. City Council Update -5- on Prosecution Services For every dollar in fine revenue the City received in 1994, the City paid 48C for prosecution legal services. The comparable figures for 1995 to 1997 were 31C, 23C and 27C, respectively. In addition to handling all citations, we also review police reports for formal charging. All gross misdemeanors must be charged by formal complaint. In 1997, we filed 686 formal complaints. In 1998, we will issue over 800 formal complaints. DOMESTIC VIOLENCE We are particularly sensitive to the unique characteristics of domestic assault cases. We strive to prosecute these cases without relying on the cooperation of the victim. The reason to pursue this strategy is that national statistics show that over 70% of victims will fail to cooperate with the prosecutor or will recant. If the prosecutor builds a case in reliance on victim cooperation, and that cooperation does not materialize, the case usually must be dismissed. We have presented training seminars to the entire Public Safety Department on domestic violence. The training has focused on gathering evidence other than victim's statements. Examples include: interviewing other witnesses and children; 911 tapes; photographs of injuries and property damage; medical releases; prior instances of domestic violence; and accurately reporting the emotional state and all statements made by the victim. When this information is available, it is often possible to get a conviction without the victim's cooperation. Campbell Knutson, P.A. City Council Update -6- on Prosecution Services We have a close working relationship with the Home Free Domestic Assault Intervention Project. We have bi-monthly meetings to discuss prosecution issues. Campbell Knutson sponsored the attendance of three Home Free Advocates at two domestic violence training seminars in 1998. Our track record on domestic assault cases is excellent. We have never dismissed a case or plea bargained a case when a victim has objected to the disposition. Home Free.has supplied these statistics: DOMESTIC VIOLENCE CASES5 Year Formal Complaints Tab Charges Total Cases Guilty Pleas Suspended Pros.6 Decline Charge Dismiss 1995 32 75 107 72 23 1 16 1996 47 95 142 84 41 1 4 1997 20 89 57 38 1 14 19987 24 65 r447 63 30 1 10 123 324 276 132 4 44 The Police Department has a mandatory arrest policy on domestics. If the officer has probable cause to believe an assault has occurred, the officer must arrest the offender. 51ncludes: Assault; Disorderly Conduct; OFP Violation; Interference with 911 Call; Harassment/Stalking; and Harassing Communication. 6Includes conditions of probation such as complete domestic abuse program, no assault convictions, no contact with victim, payment of prosecution costs, and remain law abiding. 7(Through 3rd Quarter) Campbell Knutson, P.A. City Council Update _�_ on Prosecution Services This policy leads to many cases being charged where the only evidence of assault is the uncorroborated statement of the alleged victim. In these cases, if the victim is uncooperative or disappears, successful prosecution is extremely difficult. These cases make up the vast majority of the cases which were dismissed, or prosecution suspended. It is interesting to compare our practice with the City of San Diego, which is generally given credit for having the most aggressive domestic violence prosecution program in the country. In San Diego, 12,000 domestic violence arrests were made last year. However, the city attorney only brings criminal charges in cases where there are at least two sources of independent corroborating evidence other than the alleged victim. As a result, only slightly more than 8,000 of those cases were charged. San Diego claims a conviction rate of 90%. If we applied this charging standard, conviction rates would be substantially higher, but one-third of the cases would never be charged, and thus, the opportunity for effective intervention to make the violence stop is also lost. Intervention usually takes place even in cases where prosecution is suspended. We have put on training seminars for the entire Police Department and Home Free on effective investigation techniques in domestic violence cases. Elliott has attended the following domestic violence legal seminars since 1994: Minnesota County Attorney's Association Update for City Attorneys Minnesota County Attorney's Association First Judicial District Domestic Violence Coordinating Council 9/8/94 and 9/9/94 2/14/97 1/29/98 and 1/30/98 10/9/98 Campbell Knutson, P.A. City Council Update -8- on Prosecution Services In addition, Elliott is currently chairing a sub -committee of the Minnesota City Attorney's Association which is planning a presentation on domestic violence in February, 1999. Elliott also participated in establishing procedures for handling probation evaluations of domestic violence offenders at Hennepin County District Court, Division III - Ridgedale. Campbell Knutson is currently exploring with Home Free the possibility of jointly applying for federal grant funds which are available to increase effective prosecution of domestic violence cases. DRIVING UNDER THE INFLUENCE We successfully handle hundreds of driving under the influence cases each year. We have obtained DUI convictions in every case, except those we have voluntarily chosen to reduce to careless driving. In almost every instance, cases reduced are first offenses with a test result of .12 or lower, no accident involved, no egregious driving. conduct, and no rudeness or other negative conduct towards the arresting officer. The number of DUI arrests made by the Plymouth Police Department is as follows: 1995 ........ 278 1996 ........ 394 1997 ........ 251 Campbell Knutson, P.A. City Council Update -9- on Prosecution Services We also litigated and won the Burns double jeopardy case, which set a new favorable precedent state-wide. The Minnesota Supreme Court ruled that revocation of a person's driver's license under the implied consent law is not punishment for double - jeopardy purposes. Burns appealed his case all the way to the 8th Circuit Federal Court of Appeals, and lost. In 1997, the Minnesota legislature substantially changed the DUI statute, and created an entirely new class of offense; enhanced gross misdemeanor driving under the influence. Due to the complexity of the new laws, we created a chart for our officers to use to determine the correct charges to apply. Officers need to know on the spot if the law requires the offender to be jailed, whether there are mandatory conditions of release or bail, the level of offense, whether the license plates should be seized, and whether the car is subject to forfeiture. Everyone who sees the chart wants one. We have provided the chart to every judge in the First and Fourth Judicial Districts, as well as many prosecutors and defense attorneys. CODE ENFORCEMENT We handle numerous code enforcement cases each year. Most of the cases are generated by the Building Division, and some come from Community Development. Generally, our approach is focused on trying to obtain voluntary compliance. If the violation is corrected, there usually is no further action, or, if court action has been started, the prosecution often is suspended. Our experience is that 80% to 90% of cases Campbell Knutson, P.A. City Council Update -10- on Prosecution Services can be disposed of by diligently trying to obtain voluntary compliance. This approach is extremely cost effective for the City, because it avoids significant legal fees. It also achieves the desired end result, which often can prove elusive in District Court. The small remainder of the cases are difficult and often vexing to us, City staff and the courts. Normally, if voluntary compliance has failed, it is for financial reasons. Only rarely are there cases where an ordinance is challenged or there is some factual dispute at the heart of the matter. Usually, the person simply lacks the money needed to complete the corrections and come into compliance. Persons in this situation often are viewed with sympathy by judges, who are ignorant of the details of the case, and of neighbors' complaints, and of the City's efforts to obtain voluntary compliance. An example is a now retired judge, who upon hearing a person was charged with a misdemeanor for failure to license a rental property, immediately and summarily dismissed the case. He objected to the use of criminal prosecution in what he unilaterally determined was a civil matter. When we asked to be heard on the issue, the judge reluctantly agreed, and then reaffirmed his ruling. Despite this bleak example, we have many success stories. Can -Do Recycling immediately cleaned up their lot upon the start of the City's legal action, and eventually moved to a location in another City. Instead of doggedly pursuing them in Court, we worked with them based upon their promise that they were moving to another site. Can - Do is an example of a case where the City had initially determined that the use was allowed, and later changed that determination, after they had moved in and been in Campbell Knutson, P.A. City Council Update -11- on Prosecution Services business for several months. The status of the use was unclear under the old Zoning Ordinance, and would have been a difficult case to win in Court. Plymouth Ponds, after several warnings from City staff, failed to stop the short term parking of trailers at its location. Immediately after the City initiated legal action, a meeting was held between City staff, the City Attorney and Plymouth Ponds representatives. As a result of the meeting, Plymouth Ponds brought all its tenants into compliance, and there has been only one violation since, which has now been corrected. Ameridata was allowed to construct a loading dock facing residential property. The neighbors complained about truck noise. Despite intense pressure from the neighbors to prosecute, we advised that the chances of successful prosecution were slim. Instead, through a combination of public and private funds, a noise wall was constructed. The noise problem has been eliminated. If Court action had been initiated, the company would have had no chance but to fight to the death. The alternative for them was to go out of business. That litigation could have easily cost more than what the City contributed to the noise wall. More importantly, if the City had lost, the company would then have been vindicated, and would have had no business reason to contribute to the noise wall, which then would never have been built. The neighbors would then still be suffering from the truck noise. Instead, a workable solution was arrived at, which has been mutually beneficial. Other success stories are a pediatric clinic that opened without a Certificate of Occupancy, and after negotiations with our office, removed the offending material, and Campbell Knutson, P.A. City Council Update -12- on Prosecution Services obtained a Certificate of Occupancy; Famous Dave's Barbecue, which voluntarily complied after a written notice from our office; and a private property with a dilapidated structure, tons of junk, and a horse pasture, which has been completely cleaned up and brought into compliance. Another example is a million dollar house that was unfinished; the contractor was the owner, and he had run out of money. The house was eventually finished and all building code issues corrected. Another example was a dilapidated house which had been abandoned. We obtained a court order to tear the house down, and assess the costs against the property. Through a combination of City staff diligence, and follow up by our office, we have been able to successfully resolve the vast majority of code enforcement cases. Campbell Knutson, P.A. City Council Update -13- on Prosecution Services