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HomeMy WebLinkAboutCouncil Information Memorandum 10-01-1989Y STATE OF MINNESOTA CASE TYPE: OTHER CIVIL DISTRICT COURT CO NTY OF RAMSEY SECOND JUDICIAL DISTRICT — — — — — — — — — — — — — — — ) — — — — — — — — — — — — — — — — St to of Minnesota, by ) P1 mouth People to Protect ) Ou Wetlands, ) Plaintiff, ) AFFIDAVIT OF STEVEN R. BROWN VS. ) Joseph N. Alexander, ) Com issioner, Minnesota Depart- ) Court File No. CX -89-8873 ment of Natural Resources, ) Defendant. ) STEVEN R. BROWN, being first duly sworn on oath, states and deposes as follows: 1. I am a registered professional engineer, licensed by the State of Minnesota. I am employed as a senior engineer by Str�ar-Roscoe-Fausch, Inc. (SRF). 2. The City of Plymouth retained SRF as its consultant on Pro ect No. 705. SRF designed the construction plans for the pro ect and is responsible for administering the construction on beh if of the City. I am the project engineer for Project No. 705. In that capacity, I oversee the administration of the pro ' ect. 3. On September 12, 1989, surveyors employed by SRF staked the center line of Schmidt Lake Road within wetland 27-579W. 4. On September 14, 1989, SRF surveyors staked the outer limits of the construction area within wetland 27-579W. V 5. On September 21, 1989, the project contractor, Gammon Brothers, began grading and removing trees and brush at the easterly edge of wetland 27-579W. 6. On September 21 and 22, 1989, the contractor erected silt fencing along the outer limits of the construction area on the north and south sides of the proposed road. The purpose of the silt fencing is to protect the portion of the wetland that is located outside the construction area from the effects of the construction activities. 7. The construction plans for Project No. 705 call for the roadway within the wetland to be built using what is known as a surcharging process. This construction method involves clearing the roadway area of vegetation, covering the roadway area with a geotextile fabric liner, and covering the liner with successive layers of fill material. Each layer or lift of fill material must be allowed to settle before application of the next lift. After all lifts have been applied, an additional settling period is required. That settling period varies in each case, but it is anticipated that Project No. 705 will require a settling period of six to eight months. After the materials have settled, the contractor must remove the excess fill that is above the grade for final roadway construction. Once the excess fill is removed, the .road base is ready for bituminous paving. 8. The contractor on Project No. 705 began knocking down the cattails and vegetation in preparation for the fabric liner on September 26, 1989. On the same date, the contractor began F% pla ing the fabric liner in the proposed roadway and covering the lin r with the first lift of sand. 9. As of October 4, 1989, at 10:00 a.m., the status of construction was as follows: the fabric liner had been placed ove approximately 80 percent of the roadway within the wetland; appoximately 80 percent of the roadway has been covered with the firit lift of sand, approximately 3 feet deep on average; a second lift of sand, approximately 1 foot deep on average, was two thirds completed, with 80 percent completion expected by Oct ber 5. All portions of the wetland that would ever be disturbed by the construction activities incident to Project No. 705 shave already been disturbed. 0. If construction were to be halted immediately, the City woul incur increased construction costs and other damages. Any sign'ficant delay at this stage of the project would delay final comp etion of the project by at least one year. This is due to the eather conditions that are required for applying the lifts of f ll material. At the rate the project is now proceeding, all lift of the material that will form the road base will be appl ed before the onset of severe freezing. With any delay, howe er, the lifts of base material may be subject to freezing, and 4dditional lifts of material could not be applied until the lifts of base material have thawed and properly settled. That is, ven if the contractor was allowed to resume construction in Dece ber, no work could be done. The contractor would have to wait until May or June of 1990 to resume application of the lifts of fill, when the base fill had thawed. The six or eight month 3 settling period would not expire until December 1990 at the earliest. It is prohibitively expensive to pave a road during winter months, therefore paving would not be done until the 1991 construction season, which is a delay of one year. 11. I have spoken with Michael Gammon, a principal of Gammon Brothers, regarding the possibility of a one year delay in construction. Mr. Gammon informed me that such a delay would cause him damages in the following respects: he would lose scheduling advantages that he had relied upon in making his original bid; he would incur increased material and labor costs; and he would incur an additional cost to extend his performance bond on the project. Mr. Gammon indicated that he would pass those costs on to the City in a claim for delay damages. Based upon the price increases that Mr. Gammon stated to me and the quantities called for by the contract, I estimate that Mr. Gammon would submit a claim of from $200,000 to $220,000 to the City. 12. In addition, there is a possibility that immediate cessation of construction could result in other damage claims against the City by adjacent landowners. The construction of Schmidt Lake Road will affect the natural drainage within the wetland, which the construction plans anticipated and accounted for through the construction of temporary and permanent drainage pipes within the roadway. The temporary drainage pipes have not yet been constructed, however, and it is possible that property owners on the south side of the proposed road could suffer drainage problems if the temporary drainage pipes were not 4 all d to be put in place. The amount of these claims cannot be estimated. Steven R. Brown Subcribed and sworn to before me thi day of , 1989. Notary Public A:00166AFO1.CAH STATE OF MINNESOTA COUNTY OF RAMSEY State of Minnesota, by CASE TYPE: OTHER CIVIL DISTRICT COURT SECOND JUDICIAL DISTRICT Plymouth People to Protect ) MEMORANDUM OF Our Wetlands, ) INTERVENOR CITY OF PLYMOUTH IN OPPOSITION TO Plaintiff, ) NOTION FOR TEMPORARY RESTRAINING ORDER VS. ) Joseph N. Alexander, ) Commissioner, Minnesota Depart- ) Court File No. CX -89-8873 ment of Natural Resources, ) Defendant. ) — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — INTRODUCTION On June 27, 1989 the Minnesota Department of Natural Re- sources issued Permit #89-6137 to the Intervenor City of Plymouth (City), allowing the City to construct Schmidt Lake Road through Wetland 27-579W. In July 1989, the plaintiff, Plymouth People to Protect Our Wetlands (PPOW), brought this action seeking a court order remitting the parties to further administrative proceedings in accordance with Minnesota Statutes Section 116B.10, subdivi- sion 3. Since July, PPOW has taken no action in this case. It allowed the City to advertise for bids to construct the road, to award the contract, and to begin construction. Now, at the thirteenth hour, PPOW attempts to obtain a restraining order that would suspend Permit #89-6137 and halt construction that began two weeks ago. I. PLAINTIFF IS NOT ENTITLED TO A TEMPORARY RESTRAINING ORDER. Plaintiff PPOW has not established that it is entitled to a temporary restraining order. A party seeking injunctive relief has the burden of showing that sufficient grounds exist. AMF Pinspotters, Inc. v. Harkins Bowling, Inc., 260 Minn. 499, 110 N.W.2d 348 (1961). A restraining order may issue only if it clearly appears from specific facts shown by affidavit or veri- fied complaint that the moving party will suffer immediate and irreparable injury. Minn. R. Civ. P. 65.01 (1989). Five factors must be considered before a party may be granted temporary injunctive relief: (1) The nature of the relationship between the parties before the dispute giving rise to the request for relief; (2) The harm to be suffered by the moving party if the temporary injunctive relief is denied as compared to that inflicted on the non-moving party if the injunc- tion issues pending a hearing; (3) The likelihood of success on the merits; (4) The public interest; and (5) The administrative burdens in enforcing a temporary decree. M.G.M. Liquor Warehouse International, Inc. v. Forsland, 371 N.W.2d 75, 77 (Minn. Ct. App. 1985). In the case of a temporary restraining order, however, the primary factor is likely to be that of immediate and irreparable injury to the moving party; the trial court may not have the opportunity to fully consider all five factors. Herr, David F. and Haydock, Roger S., 2A Minnesota 2 _- A Practice: Rules of Civil Procedure Annotated (2nd ed. 1985) § 65.01, p. 118 (1989 Supp.). Here, the relevant factors are relative harm to the parties, likelihood of success on the merits, and the public interest. There was no pre-existing relationship between the parties prior to this dispute, and no administrative burdens would be involved in enforcing a temporary restraining order. A. The harm to the City in suspending Permit #89-6137 outweighs the harm to the plaintiff in denying the request for a restraining order. The hardships to both parties must be weighed in determining whether to grant a temporary injunction. Paradata of Minnesota, Inc. v. Fox, 356 N.W.2d 852 (Minn. Ct. App. 1984). Because preliminary injunctive relief is granted prior to a trial on the merits, it should be granted only when it is clear that the rights of the moving party will be irreparably injured before a trial is held. Miller v. Foley, 317 N.W.2d 710 (Minn. 1982). Here, PPOW cannot establish irreparable injury, and the City's harm exceeds any hardship to PPOW. A showing of irreparable injury is critical to a motion for injunctive relief, yet PPOW has presented no facts to the Court to establish irreparable injury. Mr. Stenoien's affidavit alleges facts that relate only to the merits of PPOW's claim for .remittitur, and PPOW's memorandum of law does not even mention the issue of irreparable injury. The City anticipates that PPOW will claim that the con- struction of Schmidt Lake Road will cause irreparable injury to the wetland. PPOW's claim comes too late, however. Construction 3 on Schmidt Lake Road within the wetland began in September 1989. As of October 4, 1989, cattails and other vegetation within the proposed roadway have been pushed down in preparation for the placement of a fabric liner; the fabric liner has been placed over approximately 80 percent of the road span; approximately 80 percent of the road span has been covered with the first lift of sand, approximately 3 feet deep on average; and a second lift of sand, approximately 1 foot deep, was two thirds completed, with 80 percent completion expected by October 5. Affidavit of Steven R. Brown, 11 9. In short, all portions of the wetland that will be disturbed by the road construction have already been dis- turbed. Id. The injury to the wetland, irreparable or not, has already occurred. PPOW cannot establish that it will suffer further irreparable injury if injunctive relief does not issue pending trial on the merits. In contrast, the City will suffer substantial harm if the permit is suspended and further construction is enjoined. Construction delays will increase the City's construction costs and may result in the assertion of a damage claim against the City by its contractor. Id., 1111 10, 11, 12. Even under a best case scenario, assuming final resolution of this case in the City's favor within three months, the project would nevertheless be delayed by one full year, at an estimated cost to the City of $220,000. Id., 1111 10, 11. An immediate stop to construction would also create potential drainage problems that could give rise to claims by nearby landowners against the City. Id., 11 12. 4 The full impact of a temporary restraining order cannot be estimated with any precision. The harm that would result to the City from a restraining order is immediate, real, and substantial. In constrast, PPOW cannot establish that it will suffer any irreparable injury if the restraining order is not granted, because any harm that the construction would cause to the wetland has already occurred. The Court should therefore deny PPOW's request for a temporary restraining order. B. The tem blic interest dictates against the issuance ary restraining order. a Consideration of the public interest weighs against the requested injunctive relief. As described above, the issuance of a restraining order would result in increased construction costs, possible claims for delay damages, and possible drainage prob- lems. The total financial impact upon the City, although diffi- cult to estimate, could exceed $220,000. That cost would be born by the taxpaying members of the public. The substantial expendi- ture of public funds that would result from a restraining order is against the public interest. Ordinarily, PPOW could argue that preservation of public wetlands is in the public interest and weighs in favor of a restraining order. Here, however, PPOW has missed its opportu- nity to make that argument. Despite knowledge of the impending construction, PPOW failed to take any action. The public inter- est in preserving the wetland has dissipated, because construc- tion has been underway for two weeks. The areas of the wetland 5 that will be disturbed by construction activities have already been disturbed. Under these circumstances, where stopping construction cannot prevent disturbance of the wetland and can only result in a substantial expenditure of public funds, the public interest requires that the Court deny PPOW's motion for a temporary restraining order. C. PPOW cannot show substantial likelihood of success on the merits of its claim. Because PPOW is not likely to succeed on the merits of its claim, its request for injunctive relief should be denied. Although the five factors listed in the opening section of this argument are to be applied to temporary restraining orders as well as temporary injunctions, the summary nature of a TRO proceeding may prevent the trial court from being able to apply the five factors with the same scrutiny as compared to a full hearing for a temporary injunction. Herr and Haydock, supra, S 65.01, p. 118 (1989 Supp.). Similarly, the emergency nature of a request for a temporary restraining order does not always allow adequate time for an opposing party to gather and present evi- dence to the trial court. As an intervening party to this litigation, the City has not yet compiled in evidentiary form all the facts necessary to fully address the merits of PPOW's claim. The City understands, however, that the Defendant intends to submit an Affidavit of Ronald Nargang, Director of the Division of Waters for the Minnesota Department of Natural Resources, in opposition to the Affidavit of Thomas Stenoien. For purposes of the hearing on the N temporary restraining order, the City relies upon the Affidavit of Mr. Nargang for the facts relating to the merits of PPOW's claim. D. The rel uities wei4 ainst PPOW's claim for injunctive A temporary injunction is an extraordinary equitable remedy. Krueger v. Washington Federal Savings Bank of Montevideo, 406 N.W.2d 543 (Minn. App. 1987). It is appropriate for a trial court to consider the equities of a case in determining a motion for temporary injunctive relief. See Edin v. Jostens, Inc., 343 N.W.2d 691, 693-94 (Minn. App. 1984). In this case, the equi- ties weigh heavily in favor of the City. The facts clearly establish that PPOW sat on its rights while the City proceeded in reliance on the permit and that it would be unjust to stop the City from completing the construction of Schmidt Lake Road. The DNR issued the permit to the City on June 27, 1989. Affidavit of Fred Moore, 11 3. On July 10, the City Council approved the plans and specifications for construc- tion of Schmidt Lake Road and authorized the advertisement for bids. Id., 11 4. PPOW brought this action on July 20, 1989. From July 20, 1989 until October 2, 1989, PPOW made no attempt to prevent the City from constructing Schmidt Lake Road. In that interim, the City took numerous actions in reliance on the permit. The City opened bids on August 3, 1989 and awarded the contract on August 7, 1989. Id., 1111 5, 6. On September 12, 1989, the project surveyors staked the center line of the road in the area of the wetland. Affidavit of Steven R. Brown, 11 3. On 7 September 14, 1989, the surveyors staked the limits of work in the area of the wetland. Id., 11 4. The City's contractor began grading and removing trees and brush at the easterly edge of the wetland on September 21, 1989. Id., 11 5. On September 21 and 22, the contractor erected silt fencing on the north and south sides of the proposed road to protect the wetland outside of the construction area from the effects of the impending construction. Id., 11 6. On September 26, the contractor began knocking down the cattails and other vegetation within the road span. Id., 11 8. As of October 4, the contractor had placed a fabric liner over approximately 80 percent of the roadway within the wetland and had nearly com- pleted placing two lifts of sand in the roadway. Id., 11 9. Now, after sitting idle for over two months, PPOW asks this Court to issue an emergency restraining order to halt construc- tion that is substantially under way. The relief that PPOW requests is unwarranted and unjust. On the grounds of equity alone, the Court should deny PPOW's request for injunctive relief. II. PPOW MUST POST A BOND BEFORE A RESTRAINING ORDER MAY ISSUE. Before a restraining order may issue, PPOW must provide security for payment of the costs and damages that the City will incur as a result of the restraining order. A temporary re- straining order shall not be granted except upon the giving of security in an amount the court deems proper. Minn. R. Civ. P. 65.03(a) (1989). The requirement of a bond is intended to protect the party whose actions are restrained against loss N sustained by reason of the injunction. Northwest Hotel Corp. v. Henderson, 257 Minn. 87, 100 N.W.2d 493 (1960). The City stands to incur damages in excess of $220,000 if this project is delayed for even a few weeks. Affidavit of Steven R. Brown, 11 11. The risk of loss to the City is increased in this case if there is no bond, because the plaintiff is an organization of local property owners who have insulated them- selves from personal liability through incorporation. The City has reason to believe that the corporation itself has insuffi- cient assets to pay the damages that the City would suffer from wrongful issuance of a temporary restraining order. Because of the difficulty of calculating its potential damages at this early stage of the litigation and the questionable financial resources available to the plaintiff, the City requests that the Court order PPOW to post a bond in the amount of $250,000. CONCLUSION For the reasons stated above, PPOW is not entitled to a temporary restraining order. If a restraining order does issue, the Court should require PPOW to post a bond in a minimum amount of $250,000 as a condition of the order. Dated: LL'. LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ a Professional Association a:0066me03.cah By: Jame J. Thomson, Jr. (145300) Corrine A. Heine (149743) 2000 First Bank Place West Minneapolis, MN 55402 Telephone: (612) 333-0543 ATTORNEYS FOR INTERVENOR CITY OF PLYMOUTH 0 CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 13, 1989 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:30 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners Joy Tierney, Larry Marofsky, Michael Stulberg, Dennis Zylla, Hal Pierce and John Wire. MEMBERS ABSENT: None STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner and Planning Secretary Jackie Watson. Y 1 MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO APPROVE Stulberg to approve the minutes from the August 23, 1989 meeting with the following corrections: 1. On page 211 the motion to approve the August 9, 1989 minutes was made by Commissioner Marofsky instead of Commi- ssioner Stulberg. 2. On page 222 the motion regarding Area 39 was for "denial" instead of "approval". VOTE. 6 Ayes. Chairman Plufka abstained. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request of Independed School INDEPENDENT SCHOOL District 284 for an Amended Site Plan and Conditional Use DISTRICT 284 (88035) Permit to eliminate screening of roof top mechanical units on Plymouth Creek School located southwest of County Road 9 and Vicksburg Lane. Coordinator Dillerud reviewed the recommendation of staff in the August 25, 1989 Staff Report. Chairman Plufka introduced Mr. Stan Tikkanen, representing the petitioner. Mr. Tikkanen stated that he took issue with the staff recommendation that the rooftop units be screened to buffer the noise from the units. He said that the screening would not change the aesthetics of the building. He also reported that testing the school district had done did not exceed the MPCA levels. Coordinator Dillerud stated that the visual effect is not an issue for staff but that the Ordinance is specific and states that perceptible noise is the issue. Scott Rudy, a consultant for the school district, stated that none of the compressors would be running when the building is unoccupied. He also said that only the one fan in the gymnasium will run intermittently at night. be Planning Commission Minutes September 13, 1989 Page 227 Steve DeCoster, EOS Corporation, explained how many of the areas surrounding the school were buffered from the noise by the architecture of the building. Chairman Pluka stated that he lived in the neighborhood and had not heard any noise from the rooftop unit. Commissioner Marofsky asked if the original plans included the screening of the rooftop units. Mr. DeCoster stated that they did. Chairman Plufka opened the Public Hearing. There was no one present to speak on the issue. Chairman Plufka closed the Public Hearing. Commissioner Wire stated that since there was not full information on the noise levels under varying conditions, the Planning Commission must be consistent with the Zoning Ordinance requirement. MOTION by Commissioner Wire, seconded by Commissioner Stulberg MOTION TO APPROVE to recommend denial of the request of Independent School District 284 for an Amended Site Plan and Conditional Use Permit to eliminate screening of roof top equipment on Plymouth Creek School . Commissioner Stulberg stated he felt the Commission must be consistent with the standards applied to other developments. Commissioner Marofsky stated that the proponent needed to prove that it meets the criteria with test data if they want to exclude the screening of the rooftop units. Commissioner Pierce asked if the school district would need to apply for an amendment to exclude the screens if they could prove that the met the Ordinance requirements for noise. Coordinator Dillerud said that they would have to come back to the Commission with an amendment to the Site Plan. Commissioner Zylla stated that noise levels need to be enforced but staff could rely on enforcement by waiting to see if a problem exists. Roll Call Vote. 6 Ayes, Chairman Plufka, Nay. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request of Hazelden Foundation HAZELDEN FOUNDATION for an Amended Conditional Use Permit and Site Plan located at (89070) 11505 36th Avenue North. Coordinator Dillerud reviewed the August 25, 1989 Staff Report. Chairman Plufka introduced Mike Schiks, Program Director, representing the petitioner. Planning Commission Minutes September 13, 1989 Page 228 Mr. Schiks stated that he was in full agreement with the August 25, 1989 Staff Report. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Ms. Jeanne Corona of 11320 36th Place North. Ms. Corona stated that she lives in the townhouse development near the Pioneer House and that she is also a member of the development board which met and discussed the petition. She reported that she and the board had no opposition to this petition. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Marofsky to recommend approval of the petition of Hazelden Foundation for an Amended Conditional Use Permit and Site Plan subject to the conditions listed in the August 25, 1989 Staff Report. Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request of Hennepin County for a HENNEPIN COUNTY (89074) Conditional Use Permit for truck routing station located at 2455 Fernbrook Lane North. Coordinator Dillerud reviewed the August 21, 1989 Staff Report. Chairman Plufka introduced Mr. David Winter representing the petitioners. Mr. Winter stated that he was in agreement with the August 21, 1989 Staff Report. Commissioner Pierce asked Mr. Winter where the trucks would come from to this routing station. Mr. Winter stated that they would come from Plymouth and the area surrounding Plymouth. He said that there are 10 areas such as this throughout the County. The excessive expenditure for this project was discussed by the Commissioners. Chairman Plufka stated that the proper place for anyone who had comments on the cost of this project was to contact the Hennepin County Commissioners and voice their opinion. Commissioner Pierce asked Mr. Winter how long this routing station would be in operation. Mr. Winter stated that when a waste transfer facility was Planning Commission Minutes September 13, 1989 Page 229 completed there would no longer be a need for the routing station. Commissioner Stulberg asked if a traffic study had been done. City Engineer Faulkner stated that a traffic study was not done because the impact of 20 trucks per day would be minimal. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Boyer Palmer of 14495 23rd Avenue North. Mr. Palmer stated that he owns two buildings adjoining this site. He said he had no opposition to this petition at the present time, and would be observing the operation for six months before he would be able to make a final judgment. Chairman Plufka closed the Public Hearing. MOTION by Commissioner Stulberg, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval of this petition of Hennepin County for a Conditional Use Permit for an interim truck routing station subject to the conditions listed in the August 21, 1989 Staff Report. MOTION by Commissioner Marofsky, seconded by Commissioner Pierce to add a condition that states that the site must be kept free of all debris and deposits. Roll Call Vote. 7 Ayes. MOTION carried. Commissioner Stulberg stated that he voted for approval of this item only because he felt a negative vote was not the way to stop this situation. Commissioner Marofsky stated that he would vote against the main motion for this petition because he objects to the excessive waste of taxpayer money being used for this project. He said that taxpayers should call the County Commissioners and state their objection. Commissioner Wire said he agreed with the suggestion by Commissioner Marofsky that they contact the County Commissioners if they feel taxpayer dollars are being wasted on this subject. Commissioner Pierce stated he would support the petition mainly as a convenience for the trucks in the Plymouth area. VOTE - MOTION CARRIED Roll Call Vote. 6 Ayes, Commissioner Marofsky, Nay. MOTION VOTE - MOTION CARRIED. carried. Chairman Plufka introduced the request of Lily E. Roggeman for LILY E. ROGGEMAN (89027) a Lot Division located north of 50 1/2 Place and east of Zachary Lane. Planning Commission Minutes September 13, 1989 Page 230 MOTION by Commissioner Stulberg, seconded by Commissioner Wire MOTION TO TABLE to table this item until the end of the agenda since no one was present to represent the petitioner. Vote. 7 Ayes. MOTION carried. Chairman Plufka introduced the request of Susan Tippets for a Lot Division and Variance located at 2320 Larch Lane. The overview of the August 14, 1989 Staff Report was waived. Chairman Plufka introduced Mr. Norm Behlmer of 2020 Archer Lane representing the petitioner. Mr. Behlmer said he was in agreement with the Staff Report except for Condition 4 that states the payment of Park Dedication Fees be completed before the lot division/consolidation could be filed with Hennepin County. He said the petitioner would like this condition waived until the sale of the lot was completed. Chairman Plufka replied that the City Council was the body that could approve this waiver request for payment of the Park Dedication Fees. Commissioner Marofsky questioned the length of the cul-de-sac on 23rd being longer than 500 feet. Coordinator Dillerud stated that the 23rd Avenue North cul-de- sac was less than 500 feet in length. Chairman Plufka introduced Mr. John Weyrauch of 12300 23rd Avenue North. Mr. Weyrauch stated that he owned the property on the west side of the Tippets property. He said he will request subdivision of his property at some time and wanted to be sure there would be access to 23rd Avenue North. Coordinator Dillerud stated that the right-of-way to 23rd Avenue will still exist. He said that Mr. Weyrauch's division would need to extend the street and create another cul-de-sac as 23rd Avenue North ends at the Weyrauch property. VOTE - MOTION CARRIED SUSAN TIPPETS (89054) MOTION by Commissioner Wire, seconded by Commissioner Tierney MOTION TO APPROVE to recommend approval of the request of Susan Tippets for a Lot Division and Variance subject to the conditions recommended for approval in the August 14, 1989 Staff Report . MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Stulberg to amend the motion to require an easement of 10 feet for further improvements to 23rd Avenue North if necessary. Coordinator Dillerud stated that the setbacks for structures - - So` - Planning Commission Minutes September 13, 1989 Page 231 Mr. Behlmer stated that he felt the 10 foot easement could have a negative impact on the structures to be built on the lots. City Engineer Faulkner stated that if the easement would be needed it was normally required from the party that first seeks to develop property in an area. MOTION by Commissioner Marofsky, seconded to Commissioner MOTION TO AMEND Stulberg to amend the Motion of Susan Tippets for a Lot Division and Variance that the easement be 16 1/2 feet on the southerly edge of the property on 23rd Avenue North instead of 10 feet. Roll Call Vote on the Motion to Amend. 4 Ayes, Commissioners VOTE - MOTION CARRIED Wire, Pierce and Chairman Plufka, Nay. MOTION carried on a vote of 4-3. Vote on Main Motion as once amended. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request of Paul and Gladys PAUL & GLADYS KARINIEMI Kariniemi for a Lot Division and Variance located at 508 (89071) Pineview Lane North. Chairman Plufka waived the overview of the August 25, 1989 Staff Report. Chairman Plufka introduced the petitioner Mr. Paul Kariniemi. Commissioner Marofsky asked the petitioner why the proposed division did not extend the division line straight back. Mr. Kariniemi stated that the east end of the property was open and would make a nice building site. MOTION by Commissioner Stulberg, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval of the petition of Paul and Gladys Kariniemi for a Lot Division and Variance subject to conditions listed in the August 25, 1989 Staff Report. Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request of K & D Construction K & D CONSTRUCTION for a Lot Division and Variance located at 235/237 Zinnia Lane. (89072) Chairman Plufka waived the overview of the August 21, 1989 Staff Report. Chairman Plufka introduced Mr. Davaid Kosmecki of 505 North Highway 169, Suite 100, representing the petitioner. Mr. Kosmecki stated that he was in full agreement with the August 21, 1989 Staff Report and that a new survey had been submitted that eliminates the variance. 0 Planning Commission Minutes September 13, 1989 Page 232 MOTION by Commissioner Stulberg, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval of the petition of K & D Construction for a Lot Division subject to the conditions listed in the August 21, 1989 Staff Report. Vote. 6 Ayes, Commissioner Marofsky abstained. MOTION VOTE - MOTION CARRIED carried. Chairman Plufka introduced the request of Trammell Crow for a TRAMMELL CROW-MPLS. Site Plan, Lot Division and Lot Consolidation for Building F INDUSTRIAL PARK BUILDI% located east of Xenium Lane and north of 6th Avenue. F (89073) Coordinator Dillerud reviewed the August 21, 1989 Staff Report. Chairman Plufka introduced Mr. John Griffith and Ms. Linda Fisher representing the petitioner. Ms. Fisher stated that the petitioners agreed with the August 21, 1989 Staff Report. Chairman Plufka introduced Mr. Arlan Ashbaugh of 705 Sycamore Lane. Mr. Ashbaugh stated that he owned a home to the east of this property and his concern was that a buffer be created to shield his property from this site. He also asked what the building would be used for. Chairman Plufka asked the petitioner the height of the proposed building. Mr. Griffith responded that the building would be 28-29 feet, and would be used for light manufacturing. Chairman Plufka introduced Mr. Chris Eilers of 615 Sycamore Lane. Mr. Eilers stated that he felt more aesthetics needed to be applied to the east side of the building to make it pleasing from Sycamore Lane; and he was concerned about the lighting on the east side of the building. Mr. Griffith stated that there would be no lighting on the east side of the building. Mr. Eilers asked if any of the existing trees could be removed from the 300 foot easement. Coordinator Dillerud stated that only development was prohibited. If trees become damaged or diseased they could be removed. Commissioner Marofsky stated that he would have difficulty voting on the petition because of the pending vacation of easements. Planning Commission Minutes September 13, 1989 Page 233 Chairman Plufka stated that vacation of easements was not an appropriate review item for the Planning Commission and is handled by the City Council. Commissioner Zylla stated his concern for the east elevation of the project, and said he would like to see more Colorado spruce trees used on this side of the building. Commissioner Wire stated he concurred with Commissioner Zylla for more buffering and the use of coniferous trees on the east side of the building for buffering. MOTION by Commissioner Wire, seconded by Commission Stulberg to MOTION TO APPROVE recommend approval of the Site Plan, Lot Division and Lot Consolidation for Trammell Crow "Building F" subject to the conditions listed in the August 21, 1989 Staff Report. MOTION by Chairman Plufka, seconded by Commissioner Stulberg to add a condition to the recommendation that the developer will substitute coniferous trees for deciduous trees along the east side of the structure and a reasonable attempt be made, along with the natural terrain, to buffer the properties that lie to the east. Roll Call Vote. 7 Ayes. MOTION carried. Vote on Main Motion. 7 Ayes. MOTION carried. Chairman Plufka again introduced Item 6 A. No one was present to represent the petitioner on Item 6 A. MOTION TO AMEND VOTE - MOTION CARRIED VOTE - MOTION CARRIED MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Tierney to carry forward the petition of Lily E. Roggeman to the September 27, 1989 Planning Commission Meeting. Vote. 7 Ayes. MOTION carried. Coordinator Dillerud told the Commissioners that the Parks and Recreation Department has requested a meeting with the Planning Commissioners. Chairman Plufka, with Commission approval, stated that the Planning Commission would meet with the Parks and Recreation Department after the next Planning Commission meeting on September 27, 1989 at 9:00 p.m. The Planning Commission meeting on September 27, 1989 will begin at 5:30 p.m for a dinner study session. Some topics to be discussed at the study session will be: Staff Report format and resolutions; the Metropolitan Council Staged Growth Area; the hiring of a consultant to work on the Comprehensive Plan; and other items of concern, as time permits. Meeting adjourned at 10:15 p.m. VOTE - MOTION CARRIED - --5b The Regular Meeting of the Board of Zoning Adjustment and Appeals was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Anderson, Commissioners Naftzger, Porzio, Tierney. Commissioner Hoff arrived at 7:22 p.m. Commissioner Bigelow arrived at 7:28 p.m.. MEMBERS ABSENT: Cammissioner Patterson STAFF PRESENT: Associate Planner Al Cottingham Assistant Building Official Mike Kulczyk MINUTES MOTION was made by Commissioner Naftzger, secorxied by MOTION TO APPROVE Commissioner Tierney, to approve the August 8, 1989 Minutes as amended. VOTE. 5 Ayes. Commissioner Bigelow abstained. Chairman Anderson introduced the Board Members and BRYCN AMID REBECCA reviewed the Variance Criteria contained in the Zoning SUTER, 2625 MEDICINE Owe. RIDGE ROAD (09-01-89) Chairman Anderson introduced the request submitted by Bryon and Rebecca Suter for a variance to allow a 2.5 foot side yard setback versus the 10 foot Ordinance Standard and a 16 foot rear yard setback versus the 25 foot Ordinance Standard in order to reconstruct a walkway and deck for a property located at 2625 Medicine Ridge Road. Mr. Suter noted this is a small lot which gets narrower to the rear. They are only looking to replace what had been constructed on the home when they purchased the home and appears to have been there for approximately 11 years. If they could not replace what is there then it would be very costly for them to improve the exterior of the home in the areas where the decking would be removed since there is no siding below the deck line. Commissioner Tierney inquired how the Suter's would access the deck if the walkway is removed along the southern portion of the home. Mrs. Suter noted that they would be placing stairs down from the deck that would meet the setback requirements. -7 -:'Sb Board of Zoning Adjustments and Appeals September 12, 1989 Page 2 Commissioner Tierney inquired of staff as to what is meant by a stoop being used for the side entrance. Planner Cottingham noted staff felt an on grade walkway could be constructed along the side of the hone with steps and approximately a 4x4 platform at the top in order to enter the home. Commissioner Naftzger inquired what the City could do if the Sisters were to replace the existing deck by doing a board here and a board there over time. Planner Cottingham noted the City would not be able to stop them. Chairman Anderson inquired why the Suters could not construct a walkway and stoop on the south side of the home. Mr. Suter stated this would not match the appearance of the hone and would be hazardous since the stoop would be approximately 3 feet high- MOTION igh.M TION was made by Commissioner Tierney, seconded by MOTION ZO APPROVE Commissioner Porzio to approve the request for a variance from the minimum side and rear yarn setbacks for property located at 2625 Medicine Ridge Road for the reasons stated in the draft Resolution. Commissioner Tierney noted this is a very narrow lot and the Suters were only replacing what they currently have. She pointed out that there is a safety factor involved in replacing the walkway and deck since it is rotting out. Commissioner Naftzger felt this might encourage people to build decks without a permit and then replace than at a later date and he does not want to encourage this. He believes that this is a unique area with smaller lots and this lot really does narrow down to the near. He felt that the reconstruction of the deck was a reasonable request. Chairman Anderson stated he did not see where the Variance Criteria had been met and felt that the Suters had other options which would not require a variance. VOTE . 4 Ayes . Chairman Anderson voted Nay. Commissioner VOTE. WrION CARRIED Bigelow abstained. MMON CARRIED. Chairman Anderson introduced the request submitted by Curtis CURTIS VANDERBF40M Vanderbroek for a Variance to allow an 11 foot side yard 16815 14TH AVENUE NOFM setback versus the 15 foot Ordinance Standard in order to (09-03-89) construct as two car attached garage on property located at 16815 14th Avenue North. Board of Zoning Adjustments and Appeals September 12, 1989 Page 3 Mr. Vanderbroek noted if he were to maintain the 15 foot side yard setback, this would allow a 19 foot garage.The garage itself would then only be 17 feet in width since he needs a 2 foot overhang. He noted 17 feet is not large enough for 2 cars. He further noted the 24 feet shown on the survey includes a 2 foot overhang and he is only requesting a 22 foot wide garage. Planner Cottingham pointed out an overhang is allowed to encroach into the setback. If the wall of the proposed garage is only 22 feet wide, then the encroachment is only 2 feet into the required setback, rather than 4 feet as identified in the Staff Report. Chairman Anderson inquired as to what might be a typical or the smallest size for a two car garage. Planner Cottingham noted staff had seen two car garages as small as 20 feet in width. Commissioner Naftzger inquired if Mr. Vanderbroek could live with a 20 foot wine garage. Mr. Vanderbroek noted 20 feet would not be wide enough to store his boat across the rear of the garage. Carmissioner Naftzger inquired what Mr. Vanderbroek's plans were for the existing single car garage. Mr. Vanderbroek stated he would remodel the garage for additional living space on the hare. Camtissioner Naftzger inquired as to why Mr. Vanderbroek could not add to the rear of the have and keep the existing garage, thus having a three car garage. Mr. Vanderbroek noted the near slope would not work with an addition to the rear due to the topography of his lot. Commissioner Naftzger inquired as to offsetting the existing garage to the rear and thus eliminate the variance. Mr. Vanderbroek noted if this would happen, the roof line would be within inches of the ground. MOTION was made by Carmissioner Tierney to approve the MMCN TO APPROVE request for a variance from the minimin side yard setback for a property located at 16815 14th Avenue North for the reasons stated in the draft resolution. WrION died for lack of a second. MJPICN FAILS ea:�skc:� Board of Zoning Adjustments and Appeals September 12, 1989 Page 4 MNION was made by Commissioner Naftzger, seconded by M7TICN TO DENY Commissioner Hoff to deny the request for a variance from the minimum, side yard setback for property located at 16815 14th Avenue North for the reasons stated in the draft resolution. Commissioner Naftzger stated the petitioner had numerous options with which to construct a two car garage without the need for a variance. Chairman Anderson noted his agreement with Commissioner Naftzger's observation that the petitioner could have a detached garage or a smaller addition. Commissioner Tierney pointed out this is a unique lot in that there is a severe topography problem, and the encroachment is only for two feet along just a small portion of this lot. She also pointed out the lot is narrower than the standard 110 feet in width and she is just trying to keep an attached garage rather than a detached garage. The proposed location would also allow for a safe access to this garage. Commissioner Naftzger stated he was concerned with the request meeting criteria 1 and 2 of the Variance Criteria. He pointed out the owner has other options for construction; the variance is petitioner driven; and some redesign would eliminate the variance. Commissioner Porzio noted the Variance is design driven for this petitioner's needs, and he does have reasonable use of this land. Commissioner Hoff inquired if the petitioner could construct a 22 foot by 24 foot attached garage without a variance. Planner Cottingham responded affirmatively. VOTE. 4 Ayes. Commissioners Bigelow and Tierney nay. M7I'ION MWICN CARRIED Carried. Chairman Anderson reviewed the right to appeal the Board's ruling to the City Council. Chairman Anderson introduced the request submitted by Lorin I-ORIN G WERSON, 205D Gunderson for a Variance to allow a 25 foot front yard EAST MEDICINE LAIC setback versus the 35 foot Ordinance Standard and a 6 foot BOULEVARD (09-04-89) side yard setback versus the 10 foot Ordinance Standard in order to construct a new hone at 2050 East Medicine Lake Boulevard. 1Sb Board of Zoning Adjustments and Appeals September 12, 1989 Page 5 Mr. Gunderson noted the topography of this lot drops approximately 12 feet in the first 100 feet of the lot and the location of the current home is very hazardous for access in the winter due to this drop off. He noted Lancaster Lane, which is where their front yard encroachment is proposed, is a dead end street and the pavement is actually 21 feet from his lot line. He pointed out the proposed home would be much safer for access than the existing home. With a 25 foot long driveway, it would allow then to park cars off of the street, rather than on the street, which is the case with the existing home where the detached garage is only a few feet from the front Property line. Chairman Anderson inquired how many vehicles the Gunderson' owned. Mr. Gunderson responded that currently there are three vehicles at this hone but his son will be going back to school in a couple of weeks and will be taking his car with him. Chaimman Anderson .inquired why the home could not be shifted to the west to at least maintain the front yard setback. Mr. Gunderson noted the topography of the lot would require retaining walls and substantial fill if the hone is mowed ten feet further west. Commissioner Porzio inquired how the existing home would be removed if it were allowed to remain during the construction of the new home. Mr. Gunderson noted there is roan enough on the south side of the new home for construction equipment to get in and out. Cannissioner Porzio inquired of staff if this request should be looked at as if this home were being constructed on a vacant lot. Planner Cottingham responded affirmatively. Commissioner Tierney inquired as to the Building Code requirements for handicap access. Assistant Building Official Kulczyk noted the outside slope of the walk should not exceed 1 foot vertical to 20 foot horizontal and inside the home it should not exceed 1 foot vertical to 12 feet horizontal. The walkway itself should be a minim= of 4 feet in width. Board of Zoning Adjustments and Appeals September 12, 1989 Page 6 Commissioner Tierney inquired as to the City plans on upgrading Lancaster Lane. Planner Cottingham noted it was not in the current five year Capital Improvements Program. Commissioner Bigelow inquired if the overhead utilities were to go underground what impacts this reduced setback would have. Planner Cottingham. noted there should be no impacts since the City typically only has a ten foot drainage and utility easement over the front property line. Chairman Anderson noted that he did receive a phone call from a concerned neighbor noting the parking problem in the area and also his concern that a new hams in this location would block his view of the lake. Planner Cottingham noted the Board should not be concerned with the blockage of the neighbor's view of the lake since the petitioner would be allowed to constrict a three story home without a variance. The Board reviewed profiles of the site showing the grades involved and the hardships which would be created if the home was moved to the west 10 feet in order to maintain the front yard setback. Chairman Anderson noted this is an older section of the City with many difficult lots to build on. The topography of this lot creates some problems along with the lot being narrower on the east than on the west which does present a problem from constructing a reasonable size name. M NON was made by Commissioner Tierney, seconded by MC CN TO APPROVE Commissioner Porzio to approve the request for a variance from the minimum front and side yard setbacks for property located at 2050 East Medicine Lake Boulevard for the reasons stated in the draft resolution. Commissioner Tierney pointed out the home was being designed for wheel chair access, and that moving the home further west and putting in retaining walls would be placing physical barriers on the property for the wheelchairs. Commissioner Bigelow noted this is an older area of the City with many homes encroaching into the setbacks. This is an improvement to the area; the lot is definitely a substandard lot in terms of width; and does present a severe topography problem. Board of Zoning Adjustments and Appeals September 12, 1989 Page 7 Vote. 5 Ayes. Commissioner Naftzger voted nay. MOTION Carried. Chairman Anderson introduced the request submitted by William Meinhardt for a variance to allow a 6 foot high fence versus the ordinance standard 3 foot high within the front yard for property located at 1630 Oakview Lane. Mr. Meinhardt noted that he bought this home with the intention of purchasing additional right-of-way to the south and east of this home; dividing this lot; and constructing a new home which would access onto 18th Avenue North. He did not believe that the placing of landscaping would solve the problem of the noise that he has. He pointed out this home does have great exposure to State Highway 55 and the 6 foot fence would help eliminate that. Chairman Anderson inquired as to the type of fence construction proposed. Mr. Meinhardt had identified he would have vertical cedar boards in a solid row. Chairman Anderson inquired if the fence would extend to the existing chain length fence on the east side of this home. Mr. Meinhardt responded negatively pointing out the fence would be along the retaining wall and stop at the east property line. He noted the fence would be placed approximately 5 feet behind the retaining wall so it would not look so massive. Chairman Anderson inquired if Mr. Meinhardt really believed the fence would help keep the noise down. Mr. Meinhardt responded affirmatively, noting the house blocks the noise from Highway 55 from reaching the rear side of the home, and the fence would do the same to the front. Commissioner Porzio expressed concern that the fence would block the identification of the home for emergency vehicles. Mr. Meinhardt noted that he could put the house numbers on the fence. Commissioner Porzio inquired as to the length of the fence on the north side of the driveway. Mr. Meinhardt noted it would be approximately 15 feet in length. '7-'S\C> VOTE. MOTION CARRIED WILLIAM MEINHARDT, 1630 OAKVIEW LANE, (09-05-89) Board of Zoning Adjustments and Appeals September 12, 1989 Page 8 Commissioner Porzio inquired of staff if there were other similar properties in this area. Planner Cottingham noted that he could think of three or four lots to the east of this area which have direct access onto State Highway 55 along with other numerous properties which access the frontage road to State Highway 55. Commissioner Tierney inquired as to changes in the ordinance which might help this particular situation. Planner Cottingham noted the ordinance had been changed a few years ago for equivalent yards, but this location was not defined as an equivalent yard. MOTION was made by Chairman Anderson, seconded by MOTION TO DENY Commissioner Hoff to deny the request for a variance from the maximum height of fences for property located at 1630 Oakview Lane North for the reasons stated in the draft resolution. Chairman Anderson pointed out that this was not a unique situation and there are other homes in the area with similar hardships. Commissioner Porzio stated that he saw rationale for the approval, but is concerned with the precedent that would be set. Commissioner Hoff stated that he used to live along County Road 9 and he sympathizes with the petitioner, but does not see that this request meets the variance criteria. Commissioner Tierney pointed out the petitioner does have a hardship with the closeness of the home to State Highway 55 and the Board or City should look at ways to assist the residents. VOTE. 6 Ayes. MOTION Carried. VOTE. MOTION APPROVED Chairman Anderson reviewed the right to appeal the Board's decision to the City Council. ADJOURNMENT: The meeting adjourned at 9:48 p.m. MINUTES PLYMOUTH SAFETY COMMITTEE September 27, 1989 PRESENT: Gary Pouti, Tom Nelson, Eric Luetgers, Craig Bechthold, John Ward, Joel Franz, Dan Campbell, Stan Scofield, Bob Pemberton, Frank Boyles ABSENT: Bob Fasching ALSO PRESENT: Dave Drugg, North Star Risk Services; Judy McMillin I. OLD BUSINESS A. APPROVAL OF SEPTEMBER 27, 1989 MEETING MINUTES The Committee approved the September 27, 1989 meeting minutes as submitted. B. REPORT ON SAFETY ACTIVITIES 1. Seat belt/harness system for Fire Engines -- The committee was informed that the seat belts received for installation in Fire Units 1 and 10 were the incorrect size. The belts have been reordered and installation of the new belts should be accomplished by the next safety meeting. 2. Maintenance Equipment Storage Master Planning -- Frank Boyles reported that at the September 26 Council Budget Study Session, the City Council received the report from City Maintenance supervisors, Fred Moore and Eric Blank on current and estimated 10 -year projections for city maintenance personnel, facilities and equipment needs. At the meeting, the Council authorized the selection of a consultant, Bonestroo Rosene Anderlik Associates, to undertake a preliminary study in order that more formalized recommendations can be assembled including: 1) determining appropriate location(s) of such facilities; 2) specific square footage requirements needed by type; 3) timing for construction: and 4) cost of construction. The consultant's report will be presented to the Council at an October meeting. 3. Fire Extinguishers: a. Vehicles stored outside with open cabs -- Bob Pemberton reported on a key checkout system to include a fire extin- guisher for use in those vehicles stored outside with open cabs. He stated that such a system would probably not be effective because it requires constant monitoring to ensure that fire extinguishers are in fact checked out with the keys. Tom Nelson stated that the vehicles involved (two open -cab tractors and one rubber -tired roller) are used minimally. The committee concluded that based on the vehicles' limited usage, the fire extinguisher requirement for these vehicles is not a major concern. PLYMOUTH SAFETY COMMITTEE September 27, 1989 Page 2 b. Fire Station 1 lounge/kitchen area -- The committee was informed by Stan Scofield that a fire extinguisher is mounted outside of the lounge/kitchen door at Fire Station 1. Frank asked if outside groups were allowed to use the lounge/kitchen for meeting purposes and, if so, would they be aware of the extinguisher's location. Stan Scofield advised that the Fire Station is not available for use by outside groups, and that the extinguisher's location is marked. c. Fire Extinguisher Training Classes-- Bob Pemberton stated that fire extinguisher classes for public works employees had been held on September 26. Classes for City Center employees are scheduled for September 28. 4. Manhole cover lifting techniques survey -- Bob Pemberton reported on a public works departments survey he conducted on methods used for lifting manhole covers. He stated that the majority of cities use the same method as Plymouth, the pick and crow bar. The City of Golden Valley uses a Neenah Lifter device, which lifts and pushes the manhole cover to one side. Frank Boyles asked Bob to contact the City of Golden Valley to request if Plymouth could borrow the Neenah lifter for a one week trial period. 5. Personnel Protective Checklist -- The committee reviewed revisions to the personnel protective checklist. The checklist was revised to indicate that wherever provided, seat belts must be worn except during work activities on iced -over ponds. A memorandum and revised checklist will be distributed to employees and also posted at city facilities. 6. Safety Luncheon -- Frank advised that the annual Employee safety luncheon held on September 11 had over 100 employees in attendance. He asked for input from the committee on the safety luncheon and awards program. Several committee members suggested the safe driver award program be amended to include special recognition for the types of driving and exposure experienced by public works and public safety employees. Bob Pemberton will meet with Joel Franz and Tom Nelson to come up with recommendations for amending the Safe Driver program before the November meeting. II. ACCIDENT REVIEW A. Consent Agenda -- The committee reviweed the consent agenda for personal injury accidents. Consent items consisted for five personal injury accidents. Two accidents were determined non- preventable, one accident determined preventable, and two accidents were removed for further review by the committee. B. Committee Review of Vehicular Accidents -- The committee reviewed three vehicular accidents. All accidents were determined preventable. A report and recommendation will be forwarded to the City Manager. PLYMOUTH SAFETY COMMITTEE September 27, 1989 Page 3 III. NEW BUSINESS A. G.A.B. Loss Report. for review. This item was deferred to the November meeting B. Defensive Driving Course -- Bob Pemberton stated he is working with Dick Carlquist to offer a defensive driving course for designated city employees during the month of November. City supervisors will be asked to provide him with a list of employees who will be taking the course so class size and scheduling can be accomplished. C. Rear Window Protective Devices -- Bob Pemberton advised he had contacted Jim Kolstad to discuss rear window protective grids for unprotected city pickup trucks. Jim Kolstad advises that a total of 15 trucks require such grids. Bob will obtain additional infor- mation on manufactured "cab guards" which will not obstruct a vehicle operator's rear view. He will also check into alternative procedures in lieu of using the cab guards, such as requiring all vehicle loads to be tied and secured, and noting exceptions to items which may be hauled in the pickups. The committee adjourned the meeting at 10:00 a.m. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: September 29, 1989 TO: James G. Willis, City Manager Olaniel FROM: L. Faulkner, City Engineer SUBJECT: CO. RD. 6 PUBLIC INFORMATION MEETING CITY PROJECT 829 On Thursday, September 28 a Public Information Meeting was held at City Hall at 7:00 P.M. to discuss the proposed improvement to County Rd. 6 from just west of Fernbrook Rd., where it is currently being improved, west to County Rd. 101. The following staff were in attendance: Dan Faulkner and Fred Moore, City of Plymouth Bob Roscoe and Jim Dvorak, Strgar, Roscoe & Fausch Bruce Polaczyk and Dave Swenson, Hennepin County There were approximately 33 people in attendance who had their questions answered in both an informal and a formal setting. Fred Moore introduced the staff personnel in attendance and explained the purpose of the meeting. Next Jim Dvorak explained that a public information meeting had previously been held on March 13th followed by Council authorization on April 3 to prepare the final design plans. Some of the changes that had been made since the previous public meeting included the following: Precast type stone retaining walls have been included in order to save trees and minimize infringement onto adjacent properties; the amount of medium barrier has been substantially reduced which provides for easier ingress and egress to adjacent properties; the sidewalk between Dunkirk and Vicksburg has been moved to within three feet of the back of curb to minimize grading on adjacent properties; and the horizontal curve at Parkers Lake has been flattened out which reduces the grading required along properties abutting the north side of the roadway. Dave Swenson next explained the County's procedure for obtaining the necessary right-of-way and easements from affected property owners. Letters to all affected property owners should be sent out within one month. This will be followed by a County Appraisal and offer to the affected owners which may or may not be accepted. He further explained that the next step would be the condemnation process and in response to a question indicated that the County would pay up to $500 for individuals to have their own appraisal done. The actual construction project would then begin sometime in April or May. It was subsequently explained by Bruce Polaczyk that the County would be taking bids for this project and will do the construction management. Page: 2 The following questions/ comments were made during the formal question and answer period. Question: Why can't traffic be detoured in order to allow the contractor to complete the project faster? Response: A local access must be maintained which makes it difficult, if not impossible to stop through traffic from driving through the construction project. Comment: Utility companies are currently tearing up new sod put down on the current County Rd. 6 Improvement and it would seem like better coordination could have stopped this from happening. Response: Utility Companies have plans well in advance of the project initiation but seem to wait until the last minute to accomplish their necessary work. Question: What is the scheduled completion of both the existing and proposed projects on County Rd. 6? Response: The current project should be completed by November, not including the interchanges which will hopefully be completed in the Spring, while the upcoming improvement project should commence in April and be completed by the end of the year. Question: Which end will the project construction start upon? Response: The south side of the roadway will be constructed first with traffic to be detoured towards the north side of the roadway and the contractor will likely be working on the entire length. Question: Will there be any berms or privacy type items installed with the project? Response: These items are not included in the overall project but if hedges or trees are removed from your property, you will be compensated for them. Question: Sidewalks are indicated on the north side of the roadway but not the south side? Response: The City Council directed that sidewalk would be placed on both sides from 101 to Dunkirk and only on the north side east of Dunkirk as the south side would connect to a trail system. Comment: It i hoped %hat the 3 foot buffer area between the back of curb and the walk will not fie used for utility poles. Response: It is likely that there will be some utility poles in this buffer strip as well as mailboxes. Question: How many of the property owners on the current County Rd. 6 Improvement Project were happy with their financial settlements for the necessary takings? Page: 3 Response: About half of the 8 affected property owners have settled and the others are still in condemnation. Question: Why is there a difference in the required right-of-way takings. Response: The existing right-of-way varies from 66 feet in some places to 100 feet in others. With the new project, the proposed right-of-way will be 100 feet throughout except for a portion east of Vicksburg to Niagara where 55 feet will be needed on the northside to accommodate the trail. It was further explained that the 3 foot buffer space would be paved with asphalt since this is too small of an area to maintain grass and the difference in texture between concrete and asphalt will provide a safer situation. Question: How much has the curb been straightened out by the lake? Response: It has been designed to meet today's standards which includes super elevation and a 40 mph design speed. Question: Does this mean that the current 45 mph speed limit will be changed? Response: The County doesn't set the speed limit, rather the Commissioner of Transportation, after conducting speed studies, makes this determination. Question: How will I get out of my tuck -under in this area and will I be compensated for the added difficulty? Response: The roadway will be moved to the south in this area along the Parkers Lake Curve and compensation will only be made for property taken. Question: How wide will the lanes be? Response: There will be two 12 foot lanes in each direction and a 22 foot wide middle lane to be used for continuous left turns. Question: Where will snow be stored when there are retaining walls constructed along the roadway and who will maintain the sidewalks? Response: The retaining walls will only be around trees and short sections with no affect on snow storage and property owners currently are not responsible for removing snow from adjacent sidewalks. Comment: Utility Companies should be directed to bury their cable. Response: In the long run it is cheaper for the Utility Companies to bury their cable although NSP says it is more expensive due to possible future damage. The City will attempt to get as many lines buried as possible while it is a City Ordinance that indicates new lines must be buried by our City Attorney's directive, this is not something we intend to press. Question: What is the life expectancy of the sanitary storm and watermain lines since they will all be buried under the bituminous pavement. Response: The estimated life of these types of facilities is 50 to 100 Years and as all things they will eventually wear out and need to be replaced. Page: 4 Question: Will there be accommodations made for pedestrian traffic along the Parkers Lake Trail while it is under construction? Response: The path will be closed and as of this time there is not a pedestrian plan since there will be much construction activity in this area and pedestrian traffic should be discouraged. Question: Are their any plans to extend the trail to the east of Juneau Lane? Response: The trail system plan does not call for a trail east of Juneau Lane as the street is to be used to accommodate pedestrians. Comment: That five lanes should be extended all the way to Xenium Lane and on down Xenium as well as putting in a rubberized railroad crossing on County Rd. 6. Response: There are four lanes now in this area with no plans for additional improvements. Comment: With the improvement to the existing roadway and widening, traffic will go even faster and danger to pedestrians of turning traffic, especially at Juneau Lane, will increase. Response: There is a possibility that the City could extend the path down Juneau Lane at some point in the future. Question: How much is traffic projected to decrease on County Road 6 when Highway 12 is completed? Response: It probably won't decrease as Highway 12 is projected to be used up to its capacity the day it is opened. Comment: The City is not concerned with the environment as is evidenced by the removal of trees with this project. Response: We have attempted to accommodate the environment to the best of our abilities while still providing a safe roadway facility. Question: With the proposed lane widths, including the 22 foot center continuous left turn lane, does this mean that cars could be sitting adjacent to each other in the center line? Response: Yes, this could happen and those occasions where driveways in proximity to each other are being accessed. Question: Will the County compensate parties for the loss of privacy and what about the lowering of property value due to the closeness of the new roadway. Response: The appraisals will be based on lands taken or used, but both sides will have the opportunity to present their point. Question: If our property values go down, will our property taxes also go down? SIZ—k Page: 5 Response: The process of purchasing additional right-of-way is separate from the establishment of tax amounts, but you could come and talk to the City Assessors and have them evaluate your situation. The City looks at one fourth of the City each year for reassessment purposes. This concludes the formal question and answer period and additional comments and questions were received following the formal presentation. DLF:sm cc: Fred G. Moore Jim Dvorak Com- �(). co 9 157 Nll�r Ja�G/rL�ES �ySaS gym, X7,3 - 7�f` fes.,, Ms's-ofr co z96 47-; 4- (% ►� ahs E a /z i� 73s C' `��� �73- �9s � �,2 a,L f ?o �- -- ---- 0 11 __LO -"a1 WAYZATA-PLYMOUTH AREA CHEMICAL HEPLTH COMMISSION SEPTEMBER 22, 1989 MEMBERS PRESENT: Dill Nelson, chair, Steve Root, Greg Lindberg, Darrel Anderson, Jim R,amstad, Peggy Douglas, Susan Fetterer, and guest Rev. Bill Albertson MEMBERS ASSENT: (guy Det l of sen, Tim McCarthy, Mary Powell, Doris Rowe, Maria Vasi 1 i ou, Karen Wahl berg, Danel 1 e Wolf, and Robert White=_.el The meeting was called to order by Chairman Bill Nelson at 7:10 a.m. (MHch1ICF.L_ til ,REh�ESS_I BEEF,, - Rev. Bill Albertson, Ministerial Assoc. Event chairperson This second snnual event is scheduled for October 8 - 15, 1989: involved churches will schedule adult and youth education programs for their members on both the 8th and 12th, * announcements will appear in church bulletins, articles will be submitted to local papers, and * a community forum will be held at Wayzata Evangelical Free Church, Oct. 15, 7 p.m., beginning with a brief ecumenical worship service, followed by a panel q/a session with participants. A discussion regarding panel members culminated in the following: 1j0_Q0at24 offered to contact ex -Viking Carl Eller, Agm f oft will recruit recovering and non -using students from WHS, Qill_ g1ggf will contact Plymouth Chief of Police Dick Carl qui st, and Greg LinQgCg will contact Margie Clay, director of programming for pregnant or- pre•gnant drug users at Turning Point, a treatment center in Minneapolis. A special meeting will_bq_callgd to finalize plans for the forum. DIST. 284 REPORT - Steve Root Three or four- WHS students will be recruited to represent the student body, beginning with the October meeting. * A request was made of the commission to underwrite the cost of Homecoming 1989 pep fest pompons, which will have a chemical free message printed on the handle. A notion was made and carried. NEILA GS I &A :t A, � ad hoc committee, comprised of representative's of the WPACHC and the Wayzata Crime Coalition will be formed to determine the possibility/focus of a joint project. WPACHC members Greg Lindberg and Jim RAmstad oiiered to participate. * Thzr''e was discussion regarding a poster contest for elemen try, .junior and senior" high 'school students, sj.)ensored by the Wayzata Crine Coalition and the 12:1=ACKC. •* Jim Ramstad i ni ti ated a discussion regarding the feasibility of a dr-cp-in center for youth and adults in Wayzata. * There was di sr-uS=_ion regarding Commission appointments for the 1950--90 year. It was decided that all rostered members would be canvassed by mail and a membership sub -committee be formed following the tallying of member responses. * It was decided that WPACHC meetings will be held on the second Friday of each month during this year. THE NEXT MEETINGG WILL BE HELD FRIDAY„ OCTOBER 13, 7 A.M. AT THE ADMINISTRATION BUILDING. .Respectfully submitted Susan Fetterer Plymouth Police Association A membership meeting was held on September 27, 1989 at Fire Station 2. Members present were Luke Way, Susan Gottwald, Joel Franz, Dale Duerkson, Brian "Binky" BeIniek, Tim Oie and Karen Forslund. The meeting was called to order by President Karen Forslund. The by-laws were read to refresh memories and advise our new members. The treasurer's report was read. To date we have $173.34 in checking and $480.65 in the savings account. A discussion on yearly dues followed. Luke Way motioned that dues be $12.00 for the rest of 1989 and for 1990. With following yearly dues being $12.00. Dale Duerkson second the motion, and it was carried by the voting members. After some discussion, Karen Forslund motioned that the Plymouth Police Association endorse Maria Vassli ou for city council. The motion was seconded by Tim Oie. The motion was carried by voting members. Karen Forslund will be getting the letter drafted. A committee was picked to talk to the new candidates in this years election. Dale, Tim, Brian and Craig agreed to interview them and advise the membership. Dues will be due by October 31, 1989 to be a current member in good standing. The meeting was adjourned. Attached are the current by-laws. Guidelines for the President of the Plymouth Police Association 1. The association shall send money to the families of all law enforcement officers killed in the line of duty in Minnesota. 2. The association shall hold at least semi-annual social events. 3. The association shall organize recreational teams for league play. 4. The association shall actively recruit all new members of the department. 5. The association shall conduct its meetingot times and locations that maximize membership attendance. PROPOSED BY-LAWS FOR THE NEW PLYMOUTH POLICE ASSOCIATION 1. PURPOSE The association shall strive to further the social and recreational interaction among its members, and to represent the department when appropriate. 2. MEMBERSHIP Association membership is open to all permanent full and part time employees of the Plymouth Police Department, to include all sworn officers, CSO's, and secretaries. 3. AFFILIATIONS The association shall not affiliate in any way with any other professional law enforcement organization, to include MPPOA and LELS. 4. OFFICERS Association officers shall be president, vice-president, secretary, and treasure. Officers shall hold office for one year and may be re-elected. Officers for the upcoming year shall be voted upon in a meeting in November or December of the current year. Nominating and voting shall be done by those in attendence at the meeting. All candidates must be in attendence at the meeting. Officers on duty may be nominated and shall be allowed to vote. 5. OFFICER DUTIES The president shall call meetings, preside at meetings, authorize expenditures when appropriate, and oversee the business of the association. The vice-president shall preside at meetings in the absence of the president, and assume the full duties of the president should the president leave office. The secretary shall keep a record of association meetings and business, and conduct all secret ballots. The treasure shall keep the finances of the association, collect dues, and provide the president with a list of current funds and paid membership at or before each meeting. 6. MEETINGS Meetings shall be called by the president when he determines that the association has business requiring a meeting. Meetings must be announced at least one week in advance by written notice with proposed agenda posted on the association bulletin board. Two officers must be in attendence (one either the president or vice-president), and a total of five members present to constitute a quorum. 7. DUES Dues for the upcoming year shall be voted upon in a meeting in November or December of the current year. Voting shall be done by those in attendence at the meeting. Dues for new members shall be twice the current rate. (New member shall be anyone not not a member in the previous year). 8. EXPENDITURES No money shall be spent by the association unless authorized by the president. The president may not spend any money unless voted by the majority present at any meeting. All proposed expenditures over $200 must be approved by a majority of membership voting in a secret ballot. No money shall be spent for any purpose other than the recreation of the members and guests, and for other purposes that are related to law enforcement. 9. 6Y -LAWS By-laws may be changed after a meeting is held to discuss the proposal and a secret ballot of the membership shows two-thirds of those voting approve the change. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 2, 1989 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: MEDICINE LAKE TASK FORCE On Saturday, September 30, about 15 volunteers, a DNR staff member and I conducted a boat search for Eurasion Water Milfoil on Medicine Lake. Two plants were found growing in an area approximately 100 yards south of East Medicine Lake Beach. The weeds were both found in approximately three and a half feet of water. Based on these findings of a confirmed siting, the DNR will now automatically conduct a lake search this week. Based on their findings, a program will be put in place for the proper application of 2-4-D approximately two weeks after the ice is out next spring. It is anticipated that the cost sharing for such an application would be shared 50% by the DNR, 25% by Hennepin Parks and 25% by the City of Plymouth. The Medicine Lake Task Force will convene later in November to discuss this situation. The two primary issues which must be addressed are: 1) An on-going lake observation program for the entire shoreline of the lake 2) Should all mechanical harvesting on the lake be terminated at this time? I will keep you informed as other information on this subject becomes available. EB/np CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: September 28, 1989 TO: James G. Willis - City Manager FROM: Richard J. Carlouist - Public Safety Director SUBJECT Off Campus Complaints at Armstrong High School A brief note to bring you and councilmembers up-to-date on a reoccurring problem. The residents of the neighborhood adjacent to Armstrong High School on the south side of 36th Avenue North have complained of students smoking. littering, and trespassing. Yesterday. I received a call from the Armstrong High School principal, Judy Maethner. Judy called me to relate the telephone complaints that she had received from the residents on 35th Avenue North. As I recall. one of the recommendations to solve this problem was the installation of a 6 foot chain link fence separating the school and residential properties. The problem is who is going to pay for it. Sergeant Larry Rogers anticipated that we would again have problems with students in this area when the school year started. He directed two police units to patrol this residential area between 7:15 a.m. and 7:45 a.m. The officers focused their enforcement on smoking, littering, and trespassing. The first week of school between 25-30 students were warned by patrol personnel of enforcement actions. Sergeant Rogers then worked with one of the assistant school principals to have announcements made at Armstrong High School. Last week two juveniles -were tagged for smoking and court referrals made. As time Permits. and other priorities are considered, we will attempt to continue monitoring the area in question and taking enforcement action as appropriate. RJC:sb 11 I5d2 p' tES _ ♦'uA .T 11 M[ r 171st •''r Y' , I r•ru w . n ILA v� • _ m • ! g� � ! V y - IV Ci _- • l y QnT-- cia is a IS. ix ® + i°•_ I r _ y ► 6� 2t^ 030_ �• _29 - w _ a^ :�- ® ; E r3 C• i •�� a•.,r. > y 11 zzw � o tl • - urea T! UD - Vm..t - Y I IL _.t v ! 3 pa A:Cst is t a • M ± r� — ?s� c _ tlis yi i I i s• ' _.. s �• e• � p• e I N •�•ar• s w•Ir•ai l� i1 b. *�'}y i 111 `. Y • O i r !N2 li' IES _ } s s .. rP•E4t i,� a3\ 4 " Is E .. "z 4 7 _ I t t .� » r• • �' � ' gym• b • i W I 6 ` j �`I o .. - a L E tl •iv ,� E S �� •} - - .Y aa. SI C Y 11 _ • a i itLA. N. 41 E 6no Y• 7e: - tf � - , K •�1,.. to 6} A p•'f Sp Y .�1 �. S ia. Mi �� l •�� v = ,� s tl si -i _ • �s i 1.� z • V - s• E^•S• • i - a4b- Ai t1S t i b' r • �• I C: '� is g i E - - - E i -• tl E _ - e x y r� PILGRIM rr•�• A= sW ,�� $�_ as 3. may. ya. �r iA `e -"t 3 °�- _ _I I°.L,�1'1+-1��1.�n� t� •I i ate' �� g September 29, 1989 City of Plymouth James Willis City Manager 3400 Plymouth Blvd. Plymouth, MN 55447 Subject: AN INVITATION TO JOIN IN THE FORMATION OF A WETLANDS FORUM FOR THE TWIN CITIES METROPOLITAN AREA Dear Mr. Willis: In the Twin Cities metropolitan area as urban expansion and development spreads into the suburban and rural countryside, wetland acreage continues to decline. In spite of various federal, state and local wetland preservation and management programs, many acres of valuable wetland habitat resources are being destroyed and degraded throughout Minnesota. Because it was not until 1955 that the first statewide inventory of wetlands was conducted, we can only estimate how wetland acreage has changed over time. However, experts believe that almost one half of the estimated 18 million acres of original wetlands that existed throughout Minnesota prior to settlement have been lost. In the region of the state which includes the Twin Cities metropolitan area, a 60% loss of wetlands is estimated to have occurred between 1850 and 1984. While vast acreages of wetlands are no longer filled and drained, the combined effect from destruction of small acreages of wetlands through many different actions may be just as significant. The U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers, and the Minnesota Department of Natural Resources are concerned about our urban wetlands and the confusion that exists about wetlands. Awareness of the value of wetlands is increasing but additional education and information is needed. Comments received over the years about the lack of readily available information on wetlands, regulatory processes involving wetlands and inconsistent communication about wetlands has led our three agencies, working in cooperation with representatives from environmental interest groups and private development interests as indicated on the attached listing, to begin a coordinated effort to address urban wetland issues confronting the metropolitan area. To facilitate coordination, we have proposed establishment of a Wetlands Forum. The purpose of the Forum would be: "To provide an opportunity for discussion, and information for public and private decisions, on the wise use and conservation of wetlands in the metropolitan area". Additional information regarding the concept of a Wetlands Forum has been included with this letter. We invite you to come and work with us in exploring the formation of a Wetlands Forum at a meeting to be held: Thursday, November 9,1989 Gray Freshwater Biological Institute Facilities, Navarre, MN 7:00 P.M. (Social Hour at 6:00) To help focus on issues that a Wetlands Forum might address, we've invited John Borchert, Regents Professor of Geography at the University of Minnesota, to provide the keynote address. John Borovsky, Project Manager and Soil Scientist from Barr Engineering, has been asked to present information about the status of wetlands in the Twin Cities area and the relationship of urban development to wetlands. Frank Svoboda, formerly from BRW, Inc. and now employed by Barr Engineering, and John Stine, DNR Metro Regional Hydrologist, will provide background information on the concept of a Wetlands Forum and how you can become involved. In order to assure an objective portrayal of issues involving wetlands in the metropolitan area, we have asked Marty Jessen and others from the Gray Freshwater Foundation to facilitate the meeting. Your participation in the Wetlands Forum meeting is welcomed and encouraged. Facilities at the Gray Freshwater Biological Institute can accommodate approximately 150 persons. We ask that if you plan to attend the meeting, you complete the enclosed reservation card and return it to the address provided on the card. We will notify you by mail when your reservation is confirmed. Please return your reservation card no later than October 26, 1989. Persons unable to attend the meeting can be included on the Wetlands Forum mailing list. Please indicate on the card if you would like to be added to the list and informed of other upcoming meetings regarding urban wetlands. If you have questions about the Wetlands Forum concept, the November 9 meeting or how you can become involved in this effort, please contact: The Minnesota Department of Natural Resources Office of Planning 500 Lafayette Road Box 10 St. Paul, Minnesota 55155 Phone: 296-9228 Sincerely, THE ORGANIZING AGENCIES OF THE WETLANDS FORUM Ray flitclicock, Assistant commissioner tor OpFrations Department of Natural Rejpur,ces LISTING OF KEY INDIVIDUALS IN DEVELOPMENT OF A WETLANDS GROUP CONCEPT John Stine Minnesota Department of Natural Resources Larry Smith U.S. Fish and Wildlife Service Tom McGuigan National Audubon Society Don Helmeke Minnesota Waterfowl Association Dan Steward Board of Soil and Water Resources Jerry Smith U.S. Army Corps of Engineers Frank Svoboda Barr Engineering Ron Peterson Westwood Professional Services WETLANDS FORUM MEETING AGENDA NOVEMBER 9, 1989 7:00 P.M. TO 10:00 P.M. GRAY FRESHWATER BIOLOGICAL INSTITUTE FACILX= I. WELCOME MARTYJESSEN, GRAYFRESHWATER FOUNDATION H. KEYNOTE ADDRESS --PLANNING FOR WETLANDS MANAGEMENT IN THE REGIONAL LANDSCAPE JOHN BORCHERT, REGENTS PROFESSOR OF GEOGRAPHY, UNIVERSITY OF MINNESOTA III. AN HISTORICAL PERSPECTIVE: WETLANDS IN OUR URBANIZING ENVIRONMENT JOHN BOROVSKY, BARB ENGINEERING IV. THE WETLANDS FORUM CONCEPT --ITS HISTORY AND THE FUTURE FRANK SVOBODA, BARB ENGINEERING JOHN STINE, MINNESOTA DNR V. CONCURRENT GROUP DISCUSSIONS ON ESTABLISHMENT OF A WETLANDS FORUM AND WETLANDS ISSUES MEETING PARTICIPANTS VI. GROUP REPORTS MEETING PARTICIPANTS VII. INVITATION TO MEMBERSHIP AND PROPOSED AGENDA FOR A SECOND FORUM MEETING MAR TYJESSEN, GRA Y FRESHWA TER FOUNDATION VIII. CLOSING REMARKS A SOCIAL HOUR WILL BE HELD BEFORE THE MEETING BEGINNING AT 6.00 P.M. AT THE GRAY FRESHWATER BIOLOGICAL INSTITUTE FACILITIES. The Wetlands Forum is proposed to encompass three levels of participation. All organizations and individuals may join the Forum as General Members. General Members may attend all meetings of the Forum, may join in discussion and may bring issues forward for discussion at the Forum. The facilitating agencies propose that one conference or symposium of the Forum be held each year. There are broad groupings of organizations, agencies, and interest groups that have been identified by the facilitating agencies as having a key interest or responsibility regarding wetland areas in the metropolitan area. The facilitating agencies suggest that representatives from these groups serve as an Active Membership base or Coordinating Committee for the Forum. Active Members will provide direction for activities of the Forum and may accept responsibility for completing activities of the Forum. The facilitating agencies recommend that Active Members have a major supervisory or administrative position within their organization since activities of the Forum may necessitate expenditure of staff time and dollars. The Coordinating Committee could meet three or four times each year. The Coordinating Committee may appoint or request participation by General Members in Subcommittees that may be charged with resolving or providing information on wetland issues. Subcommittees would probably meet as tasks are assigned and the need arises. Each organization, agency or interest group that participates as an Active Member of the Forum may designate a Technical Representative to work with other Technical Representatives in carrying out the ongoing business and activities of the Forum. Technical Representatives would serve as staff to the Coordinating Committee and Subcommittees. They may generate ideas and projects for discussion by the Forum and decisions and approvals by the Coordinating Committee. The Technical Representatives could also publish a newsletter or similar correspondence material on behalf of the Forum. Technical Representatives could meet on a regular basis in order to complete activities and respond to needs established through the Coordinating Committee and General Members at Forum meetings. The attached diagram illustrates how the various proposed levels of participation in a Wetlands Forum might interact. WETLANDS FORUM STRUCTURE 4 0, POTENTIAL SUBCOMMITTEES GENERAL MEMBERS COMMITTEE (ACTIVE MEMBERS) 0, POTENTIAL SUBCOMMITTEES THE WETLANDS FORUM LIST OF PROPOSED ACTIVE MEMBERSHIP Federal and State Government (one representative from each) U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency MN Department of Natural Resources MN Pollution Control Agency MN Board of Soil and Water Resources Other Non -Regulatory State Government (one representative) A representative of a State of Minnesota executive agency with programs or projects that may impact wetlands (i.e. MN Department of Transportation) Regional Government (one representative) A representative of Twin Cities Metropolitan Area agencies with programs that may impact wetland areas (i.e. Metropolitan Council, Metropolitan Mosquito Control District, Metropolitan Airport Commission) County Government (one representative) A representative of the planning/engineering department of one of the metro area counties or the Association of Minnesota Counties Municipal Government (one representative) A representative of the planning/engineering department of a metropolitan area city, town, or village or the I nnesota League of Municipalities Watershed Authority (one representative) A representative of watershed authority interests (i.e. Coon Creek Watershed District, Grass Lake Watershed Management Organization, Minnesota Association of Soil and Water Conservation Districts) Agriculture (one representative) A representative of farming interests in the metro area (i.e. Minnesota Farm Bureau) Recreational Sports Interests (one representative) A representative of outdoor (consumptive and interests that are affected by wetlands (i.e. Fish Alliance, Minnesota Conservation Federation) non -consumptive) recreation and Wildlife Legislative Ecology and QRen Space Interests (one representative) A representative of environmental quality interests (i.e. the Audubon Society, Sierra Club, Friends of the Earth) Commercial Development (one representative) A representative of real estate and commercial/industrial construction interests that mai+ affect wetland resources or a representative association (i.e. the Association of Industrial and Office Parks) Residential Development (one representative) A representative of real estate and residential construction interests that may affect wetland resources or a representative association (i.e. Associated Builders and Contractors) Consultants (one representative) A representative of the engineering, designing, and planning support industry or a representative association (i.e. Consulting Engineers Council of Minnesota) Academics One representative) A representative of academic institutions that provide instruction, instructional material, or expertise regarding wetland resources (i.e. University of Minnesota Center for Natural Resource Policy and Management, Center for Urban and Regional Affairs, Minnesota Sea Grant Program) Legislative Authorities (one representative) A representative of state legislative authorities that may affect wetland resources (i.e. Minnesota Senate Agricultural and Natural Resources Committee, Minnesota House Environment and Natural Resources Committee, Legislative Commission on Minnesota Future Resources) At -Large Members (four representatives) Individuals and representatives from organizations, both public and private, that have an interest in actions affecting wetland resources and that are not otherwise represented z:q Officer teaches kids to `counteract' chemical abuse Take one unffomhed police officer, add a classroom full of curious fifth graders. open up a dialogue about d and tike r6ninatresults are bound to be ing. Such Is the premise of a drug pre- "Mion program developer in 1888 by the Golden Valley Police Depart= ment The pr called COUNTER- upper i Students loam skills to resist�pres- suies to use alcohol, tobacco and r drugs. COUNTERACT is of - %red grades four, five and six, bebause studies conducted by the National lrwft to of trig Abuse � other agencies suggest that fiat use Of one of these chemicals often occurs in grades six or seven. A similar but longer -tern program, called DARE (Drug Abuse Resis- tance Education) was offered in some Minneapolis, Chisago Lakes, and other Minnesota schools last yedr. Both DARE A,T are aimed at sto toCOUNTER- PPin9 strand toward earlier age of first use of ch4micals. Offiicer Dave Larson recently intro- duced the COUNTERACT program to fifth -graders at Brock School in Minneapolis. There was an obvious and vocal fascination with Larson, ! Hazelden report Daniel J. Anderson his uniform and his job. Children asked, "Do you always carry a gun?" "Do you have a motorcy- cis?" "I think I saw you on our street!" Such curiosity was a natural spring- board for discussing what a police officer does and how students feel about the police. Larson showed slides of officers helping people, enforcing laws, directing pedestri- ans, and getting off work to go home and play with their own chll- drop. The goal was to help students understand that police are an inte- gral part of the community, that police are approachable and hu- man, that they care about kids and don't want to see them hurt. This Is the first the COUNTERACT MDARE Wall. important goal In • When the discussion turned to what Influences the way we think about drugs, students were already be- ginning to make connections. Lar- son showed the class advertise- ments of popular clothes, sports cars, cigarettes, and liquor — each making a subtle promise that 0 a Person wears this smokes this, drinks this, orbuys this, he or she will have fun, make friends, feel good, and be rich. The single class we viewed was the first in a five�part program. Kids will continue to Isom about alcohol, to- bacco, and other harmful drugs, and how their personal decisions and behavior have direct conse- quences. The children will also do . homework activities with a parent or trusted adult to open up and Improve communication within the family about chemical use. Research and others have supports through practice: Children really do care what their parents think. In fact, parents are the most significant in- fluence in their children s decisions about alcohol, tobacco and other drug use. o COUNTERACT, students disoov- er how they are ultimatey fn charge of their own feelings and actions. They find that their teachers, par - police, and friends can sup- port them and be on the same team. Flnaly, students are encouraged to select activffles that are alternatives to using chemicals. Parents and guardians wtil attend the fffth ses- sion at Bredc school so they can see what their children have seamed. This Problem is a social one; we make decisions to use or not to use based on the values we loam at home and the behavior of people we know. That is why much- of the solution to the drug war will come through community-based rpprro-o- s such as DARE, COUNTER - The Hazekfen Report is prepared under the direction of Daniel J. Andereon, president emeritus of Hazelden oundation, a noeproftt agency In TAkii nsoto providing a wide range of services relating to chemical dependency. Address Questions to Hazelden Report, 1400 Park Av, Minneapolis, MN SS404. October 6, 1989 Craig Bechtold 2622 Bobolink Road Long Lake, MN 55356 Dear Craig: r CITY OF PLYMOUTI+ 'T - k \oma.._ Monday evening Councilmember ferry Sisk told me that you were the person who reported the fire at his Burger King Restaurant on September 22. According to ferry, your observing and reporting the fire averted what could have been a total destruction of the business. While the fire damage to the business was substantial, had it gone unreported for another few minutes it is likely that the entire building would have been destroyed. Acts such as yours are not motivated out of any particular self-interest, but rather a basic type of decency and goodness which is so often overlooked. Thanks for demonstrating so clearly the citizenship which you evidenced in becoming involved. Yours truly, . J �_I---:- aG. Willis City anager JW:kec cc: Fred Moore, Public Works Director Jim Kolstad, Public Works Superintendent 21 --nn Fl.vMCUTH BOULEVARD PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 The Hennepin County Chiefs of Police Association October 2, 1989 James G. Willis City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Willis: I have been directed by the membership, to call your attention to an outstanding contribution made by your Public Safety Director, Dick Carlquist. At our April meeting, Dick proposed a meeting of Hennepin County Chiefs, and their legal advisors, the purpose of which would be the feasibility of a standardized vehicle pursuit policy. During the following five months, Dick spearheaded a number of meetings, which culminated on September 7th, with the adoption of a model policy for vehicle pursuits. Attached is a copy of Dick's cover letter, presented with the proposed policy at that meeting. The Association, and the individual jurisdictions it represents, are greatly indebted to Dick for his initiative and leadership in this endeavor. As has been a number of his contributions in the past, this one is indeed noteworthy! Sincerely, James C. Anderson President 7�-\ 1b , TT �. H NNEPIN COUNTY POLICE CHIEFSA"AT%z /? Gam"" 'rte_ FOREWORD AUGUST 11. 1989�,;.t On June 22, 1989, 22 law enforcement officials representing 18 police agencies in Hennepin County, Hennepin County Sheriff's Department, and Minnesota State Patrol met at the Holiday Inn International Airport in Bloomington. The purpose of the meeting was to determine whether a uniform policy on "High Speed Pursuit" could be developed. There were 12 attorneys present during this original session. They represented city police agencies and the Hennepin County Sheriff's office. Also, Loss Control consultants from Northstar Risk Service, Inc. were present. The meeting lasted the entire day. It was facilitated by John Seppala. Government Training Services was responsible for coordinating this policy making forum. After identifying numerous key issues involved in High Speed Pursuit, there was no consensus reached. Therefore, another meeting was set to continue the dialogue. The next meeting was held on July 18, 1989 at the Plymouth City Center. Nine Police Chiefs, five attorneys, and two North Star consultants agreed to continue the original mission of the group. Eleven key areas were discussed. Assignments were made to four individual groups. The next meeting was held August 3, 1989 at the Richfield Public Safety Department. Individual group reports were given and feedback solicited. At the conclusion of that meeting each assigned group was requested to send their amended policy recommendations to me for a final meeting with three city attorneys. On August 10, 1989 I met with the following attorneys: Desyl Peterson, Steve Tailen, and Bruce Peterson at the Popham, Haik, Snobrich, and Kaufman offices in Minneapolis. The results of all of these meetings is the attached Hioh Saeed Pursuit Policy recommendations. There was much discussion and considerable thought expressed in the overall development of this pursuit policy. Police agencies should review these recommendations as a point of reference. These recommendations reflect the collective thought of many participants. The only claim to validity may be that the thought process and awareness considered in the recommendations represent the mainstream of current ideas and opinions. I am hopeful that these recommendations constitute a basic policy model that can be tailored to meet the needs of individual jursidictions and prove useful when police administrators review their High Seed Pursuit policy by the October 1, 1989 mandated deadline. In closing, the mere fact that policy recommendations can be accomplished by a committee is indeed noteworthy) Hopefully, our labors will result in a reduction of human carnage on our highways. N \ c-, leid?. a 1 *710 - 55a c4m. ov. Pfymo"L4, AGN CITY OF PLYMOUTI+ September 28, 1989 Judy LaTour 3525 County Road 101 Plymouth, MN 55447 Dear Judy: It is with much regret that I learned of your resignation from the Park and Recreation Advisory Commission. For the past eight years you have played a key role in shaping the future development of parks and recreation within the City. You have brought much thoughtful insight to each discussion and were always well prepared to tackle the difficult issues. On behalf of myself and the rest of our staff, I wish to thank you for your outstanding contribution. We wish you and the rest of your family success and well being in the future. Sincerely, 4;c5j. B , Director Parks d Recreation EJB/np cc: City Manager PRAC 3400 PLYMOUTH BOULEVARD PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559.261, a )C� CITY C� September 29, 1989 PIYMOUTR The Honorable Eugene Hey, Mayor City of Medicine Lake 10609 South Shore Drive Medicine Lake, MN 55441 SUBJECT: JOINT IMPROVEMENT PROJECT 15TH AVENUE CITY PROJECT NO. 945 Dear Mayor Hey: Enclosed is a draft copy of the Preliminary Engineering Report for street and storm sewer improvements to 15th Avenue. I suggest that you and your Councilmembers review this report and the cost estimate and then we could meet with you to discuss your comments and the public hearing process. Due to the lateness of the year and the required public hearing notices, this project would have to be constructed next year. Please contact me at your convenience to set up a meeting time and place to discuss this proposed improvement project. Thank you. Sincerely, Daniel L. Faulkner, P.E. City Engineer DLF:kh enclosure cc: Fred G. Moore, Director of Public Works Daniel K. Campbell, Senior Engineering Technician 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 S: k aC"-1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 2, 1989 TO: Dick Plufka, Planning Commission Chair FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: JOINT MEETING Dick, just a short note to thank you and the rest of the Planning Commission for meeting with the Park and Recreation Advisory Commission on September 27. You did a very nice job of chairing the meeting, allowing all individuals to voice their concerns. I think this meeting helped immensely in improving the communication between the two commissions. We should probably plan on having at least one meeting a year like that for an hour, just so everyone can get a chance to see who is on which commission and talk about any pertinent issues. Again, thank you for your leadership in this matter. If I can be of assistance to you and your commission in any way, please let me know. EB/np cc: James G. Willis Blair Tremere Barbara Edwards Z�lac�. September 30, 1989 Councilmembers, City of Plymouth Plymouth City Center 3400 Plymouth Boulevard Plymouth, Mn. 55447 Dear Councilmembers: we would like to express our concern regarding the lack of 90 foot baseball fields, and accompanying facilities in the City of Plymouth. 4ith our Plymouth/Wayzata Youth Baseball Association growing larger every year - over 900 boys registered for the 1989 season - this shortage of fields causes many problems, including a shortened season and scheduling problems for games and practices. Also, as many of our boys and families travel to other communities throughout the Twin Cities and the state of Minnesota to compete, other excellent facilities are seen. Our poor, or non-existent facilities do not speak well for our community, and also do not allow us to reciprocate and host tournaments and games which could bring many people and dollars into the community. We understand some plans are being made for Parkers Lake. de need at least two full-size baseball diamonds, plus smaller diamonds for younger players, along with other facilities, such as concession stand, restrooms, lights, grandstand, bleachers, batting cages, etc. To have a complete baseball facility in one location would indeed be a much-needed addition to our community. . In addition, the w►ayzata High School varsity baseball field is in very bad shape and in a poor location. Perhaps a coordinated effort between the City of Plymouth and #284 School Board would bring about results to solve both problems, and hopefully by the 1990 season! We would be happy to assist in this very worthwhile project. Sincerely, Don and Margie Vander Meeden 2725 Everest Lane Plymouth, Mn. 55447 475-1432 cc: Plymouth Planning Commission Eric Blank, Parks & Recreation Director D. Landswerk, #284 Superintendent J. Muchlinski, #284 Athletic Director District #284 School Board f �SS INTERFAITH OUTREACH AND COMMUNITY PARTNERS ""'°" TASK FORCE ON HOUSING 630 East Wayzata Boulevard Wayzata, Minnesota 55391 473-2436 'TWI! KEYS M ♦FFOAOA U HOLW4T SEPTEMBER 25, 1989 DEAR FRIENDS, THANK YOU SO MUCH FOR YOUR SUPPORT OF THE INTERFAITH OUTREACH AND COMMUNITY PARTNERS MOUSING AWARENESS AND ACTION CAMPAIGN. WE ARE THRILLED BY THE SUPPORT OUR COMMUNITY HAS GIVEN US FOR THIS VERY CRITICAL COMMUNITY INITIATIVE. LACK OF AFFORDABLE HOUSING IS A CRITICAL PROBLEM CROSSING ALL OF THE POPULATIONS WE SERVE. THIS IS ESPECIALLY TRUE FOR LOW-INCOME SINGLE PARENT HEADS OF HOUSEHOLDS WHO OFTEN ARE FORCED TO SPEND UPWARDS OF 50% OR MORE OF THEIR USABLE INCOME TO HOUSE THEIR FAMILIES. OUR MOUSING AWARENESS AND ACTION CAMPAIGN SIGNALS NEW AND EXCITING OPPORTUNITIES FOR OUR WHOLE COMMUNITY TO BECOME INVOLVED IN ADDRESS- ING AFFORDABLE HOUSING. THE PURSUIT OF ACTIONABLE ALTERNATIVES PRESENTS A CHALLENGE TO OUR COURAGE CREATIVITY AND CONSCIENCE AND YOUR.PARTICIPATION AND SUPPORT OF THIS FIRST EFFORT HAS BEEN A VERY IMPORTANT STEP TOWARDS FINDING SOLUTIONS. THANK YOU SO MUCH, YOU ARE SO KIND. WIT WARM THANKS, / Z� LIZZ LEVANG GENERAL CHAIRPERSON MOUSING AWARENESS AND ACTION CAMPAIGN THE KEYS TO AFFORDABLE HOUSING" FACT SHEET Interfaith Outreach and Community Partners Housing Task Force 630 E. Wayzata Blvd., Wayzata HN 55391 tel. 473-2436 NATIO NAL -3.5 million people are homeless today.I - By 2003 there will be an estimated 19 million homeless people.2 MIN NFSOTA - The number of people using shelters and transitional facilities has increased by 146% since 1985.3 - Families and rural populations are the fastest growing sectors. Since 1985 there has been a 238% increase in the number of homeless children.3 7 COUNTYMSTito - 40,000 people live doubled up.4 - 35,000-53,000 will experience homelessness in a given year.4 - 300 youths live in the streets of the Twin Cities.4 tzN NEPIN CoU NTY - 70% of minimum wage earners are adults; 63% are women; 1/2 have children5 - 2/3 of female -headed households with children in suburban Hennepin live in poverty -5 LOCAL - 10; of senior -headed households in Wayzata live at poverty level.5 - In 1988 Interfaith Outreach (IOCP) assisted 138 individuals and families (278 persons) with housing costs. Up 31% from 19876 - IOCP spent $52,050 for rent and mortgage assistance in 1988; $8,000 per month through June in 1989.6 w w w A single parent with two children receives $532 a month on A.F.D.C. Under Federal rental assistance programs, a two bedroom unit can be rented for $528 per month, including utilities. With assistance the household would pay $160 per month, 30% of monthly income. Unassisted, there would be only $4.00,1eft over each month.5 - At 30% of income, a full time worker at minimum wage can afford only $200 per month for rents - The waiting list for available subsidized housing is 1-4 years.5 ----------------------------------------------------------------------------------- 1. National Coalition for the Homeless. Department of Jobs and Training, 1988. 2. Hassachusetts Institute of Technology, 1987. 3. Hinnesota Department of Jobs and Training Quarterly Summary, 1988. 4. Hetropolitan Council Targeted Report on Homelessness in Hetropolitan Area, December, 1986. S. Poverty and Welfare Programs in West Hennepin: Need, Barriers, and Policy Issues. West Hennepin Human Services, September 1987. 6. IOCP: Budget and Usage Reports, 1988 and 1989. W H O DO WE SERVE? EMERGENCY ASSISTANCE FOR HOUSING AT INTERFAITH OUTREACH AND COMMUNITY PARTNERS * 58% single parent families * 27% two parent families * 15% individuals WHO: Mona, a single parent with a pre-school child, was evicted by her parents for not paying the monthly rent they agreed upon ($200). Mona needs temporary shelter, food, and money for gasoline. While Mona is employed fuiltime at a day care center, her income does not cover housing costs along with general living expenses. WHO: Todd is the father of two. Just released from the county workhouse, he is waiting for a new job to begin and needs money to pay the rent. Todd is a skilled laborer, but his past history of alcoholism has led to job dismissals and other family problems. Todd has temporary custody of his children and is afraid that if he cannot find adequate housing the kids will be put in foster care. Todd's wife, Ann, abandoned the family. WHO: Hilda is in her late 50's. Recently divorced, she has been unable to find employment and is without money for shelter, gas, and food. Hilda was evicted from her home and, unfortunately, is not eligible for social security yet. Hilda's unemployment compensation has been exhausted. WHO: Peter and Jean bought a modest priced home in our community in 1978. Their mortgage payments have been comfortably affordable until a city sewer project added nearly $10,000 in assessments. Peter and Jean are trying to find additional work to supplement their present income. WHO: Sue is a single mom with four young children. A kitchen fire in her apartment resulted in damages of t1-2000. Her landlord had Sue sign a statement releasing her from her rental agreement. Now Sue and her family are staying with friends who could themselves be evicted for giving her shelter. Sue receives $790 AFDC per month and needs to find a three bedroom apartment. Compliments of insty-prints • 12700 Wayzata Blvd. • Minnetonka, MN. 55343 October 2, 1989 Mr. James Willis, Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Jim: Northern States Power Company North Division 4501 68th Avenue North Brooklyn Center, Minnesota 55429 Telephone (612) 566-9120 Northern States Power Company has held meetings with Minnesota Public Utility Commission members to inform them that we will file November 2, 1989 to increase electric rates. Although it is too early for specific figures, we are asking for a 9-10 percent increase. We are requesting that interim rates be effective next year. This request only partially offsets increasing costs over the last two years. We have reduced the number of employees through an early retirement program and attrition. We have reorganized to increase efficiency. More than 200 Quality Teams have identified and implemented savings of nearly $3 million. We have re-evaluated programs, and we have held the line on our budgets. These are but a few of the many ways we have managed to control costs. We continue working on ways to supply the electricity you need at the lowest possible rates. For example, we are retrofitting older power plants to keep them running. We are working to identify ways to control your energy costs through conservation and load management, and to encourage business development within the NSP service area to ensure a healthy economy. These are some of the many investments NSP must make for the future. We don't like to increase prices, but a rate increase is necessary so you can continue to enjoy reliable, competively priced service. In our never-ending drive to cut costs, we will not compromise reliability, safety or customer service. if you have questions or comments about NSP's proposed rate increase or our programs and services, please feel free to call :Larry Benson at 569-0223. Sincerely, P. T. K llg nin Brooklyn Center Area Manager INDEPENDENT SCHOOL DISTRICT 281 Robbinsdale Area Schools Learning for a lifetime of growing September 29, 1989 Honorable Mayor & City Council City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Schneider & Council Members: As you undoubtedly know School District 281 has scheduled an excess levy referendum for November 7. The District has made substantial budget cuts in the last six years and is unable to make further cuts without seriously impacting the programs it provides for students. School Board policy requires a 5% cash reserve; without the referendum levy, this year we would end the year about $300,000 in the red. The citizens committee which examined the district's finances unanimously recommended a referendum and by a vote of 30 to 3 endorsed a seven mill levy which would raise approximately $5,300,000 in the first year. The citizens committee felt strongly that funds were also needed to enhance school programs. Passage of the referendum will mean an approximate $67 increase on a home with an estimated market value of $80,000 and about $102 on a home with EMV of $100,000. I would appreciate the opportunity to appear before you and provide further information about the referendum if you so desire. I'll also be glad to answer any questions that any of you might have if you'll call me at 545-2679. Sincerely, -L Patricia Hoyt Neils School Board Chair ✓cc: City Manager 4148 Winnetha Avenue North New Hope, Minnesota 55427 (612) 533-2781 WOODLANDS NEIGHBORHOOD PETITION WE THE UNDERSIGNED BELIEVE THE NEED FOR THE BICYCLE TRAIL/WALKING PATH ON 45TH AND 46TH AVENUES, AS PER THE CITY OF PLYMOUTH'S COMPREHENSIVE PLAN . PLEASE EXPEDIATE THE COMPLETION OF THE TRAIL DUE TO HIGH VOLUME OF TRAFFIC. WE ARE CONCERNED ABOUT THE SAFETY OF THE ADULTS AND CHILDREN WHO RIDE BICYCLES AND WALK IN THE STREET. THANK YOU. p NAME ADDRESS 1 505_ y_!_ A v Al �h.g_ ZD JLL Aq l�1 U Vmi 1 PHONE fj .tYZ _ WOODLANDS NEIGHBORHOOD PETITION WE THE UNDERSIGNED BELIEVE THE NEED FOR THE BICYCLE TRAIL/WALKING PATH, ON 45TH AND 46TH AVENUES, AS PER THE CITY OF PLYMOUTH'S COMPREHENSIVE PLAN. PLEASE EXPEDIATE THE COMPLETION OF THE TRAIL DUE TO HIGH VOLUME OF TRAFFIC. WE ARE CONCERNED ABOUT THE SAFETY OF THE ADULTS AND CHILDREN WHO RIDE BICYCLES AND WALK IN THE STREET. THANK YOU. NAME 2- r h ADDRESS PHONE Soo 6 3 (a LL: �--) —LL � LC7 �z:`-)\ -Z, - 7 �i -7 — WOODLANDS NEIGHBORHOOD PETITION WE THE UNDERSIGNED BELIEVE THE NEED FOR THE BICYCLE TRAIL/WALKING PATH ON 45TH AND 46TH AVENUES, AS PER THE CITY OF PLYMOUTH'S COMPREHENSIVE PLAN . PLEASE EXPEDIATE THE COMPLETION OF THE TRAIL DUE TO HIGH VOLUME OF TRAFFIC. WE ARE CONCERNED ABOUT THE SAFETY OF THE ADULTS AND CHILDREN WHO RIDE BICYCLES AND WALK IN THE STREET. THANK YOU. NAME 7 ADDRESS PHONE 41 4- ' l.ems' ! (nab SE�c�-- October 3, 1989 Mr. Gene Rezac Graystar Corporation 6301 Central Avenue NE Fridley, MN 55432 s CITY OF PIYMOUTF+ St)B =: SOUTH SHME APAR'MUM VAUMION 10890 SOUTH SHONE DRIVE PLYM XMI MN PID #36-118-22-22-0006 Dear Mr. Rezac: This letter is in response to your comments as of September 26, 1989 about your 17 unit apartment building located on South Shore Drive in Plymouth. In March, 1984 your company, South Shore Properties, paid $600,000 for the above described property. At that time the market value was $550,000which was extremely fair in comparison to other projects similar to yours. The following is a history of the original and adjusted market values placed on your property for the following assessment years: 1986 $575,000 $525,000 1987 630,000 525,000 1988 685,000 555,000 These increases in market value were determined through appropriate appraisal procedures and following the apartment market for your type complex. I appreciate all the correspondence you have sem me including a copy of the purchase agreement with regard to your selling the property. I must further point out that I understand the purchase price of $510,000 will not be accepted. I also have first hand knowledge that another offer is on the table for $510,000 as of October 1, 1989. Through your help and several conversations, I realize that your contract for deed may be in default and that the physical condition of the property needs to be upgraded. After several conversations with you, the subsequent assessment year valuations have been adjusted. The 1986 market value was lowered from $575,000 to $525,000 which remained the same for the 1987 assessment. 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800 Gene Rezac Southshore Apartments Page 2 After your court petition filing and a review of the property in its current condition, your 1988 estimated market value was reduced to $555,000, Mt $685,000. In light of the above circumstances, your 1989 estimated market value was set at $600,000. Per our conversation on April 25, 1989, I agreed that if you placed the property on the market and it agld for substantially less than our market value that I would adjust it. To date you have only received two purchase agreements, and the property has I= been sold. Under the law, I cannot adjust any market value based only on purchase agreements or speculation. I have no problem adjusting the 1989 or the 1990 market value to reflect the current condition of the property or the circumstances with your contract for deed situation. As you and I very well know, the market values or marketing conditions for apartment projects today are very soft. I do, however, have several documented market sales demonstrating that apartment complexes of ten units or greater are selling between 5.5 and 6.5 times their annual gross rent. This equates to a range of sale prices of between $33,500 to $50,000 per unit. (Your 1989 value of $600,000 equals $35,000 per unit.) Pending the outccme of your sale price, I am very open for discussion for an adjustment to the property's 1990 market value. I hope this letter clears the air and serves to inform you that a revision in your market value is always possible. It is the Assessor's responsibility to ensure that all properties of a similar class are valued properly and that they pay their fair share of property taxes. Equalization in property valuation is essential. I feel in the course of the last four assessment years that your valuation has been treated fairly and no different than anyone else. If you have any further questions, please do not hesitate to contact me. Regards, 3�aA" Scott L. Hovet, CAE Plymouth Assessor cc Mayor Virgil Schneider James G. Willis, City Manager Dale E. Hahn, Finance Director Assessing Staff GRAYSIAR CORPORATION September 26, 1989 Mayor of Plymouth City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Mayor: Enclosed is a copy of a letter I wrote to the city assessor out- lining our frustrations in receiving fair treatment on our rental property that we have in the city of Plymouth. The real estate industry is in trouble and that includes the 17 units that we own in Plymouth on 10890 Southshore Drive. Mainly because our property is extremely overvalued, our partner- ship has decided that it no longer makes sense to keep feeding the negative cash flow on this property, which is largely generated by the incorrect assessment by the city of Plymouth. I think you should take steps to remove the city assessor as he obviously is not doing an adequate job of giving fair value to rental property owners. If you want to look at the enclosures I sent to the assessor, ask him for the copies and you will see how drastically overvalued our property is. I imagine you are a very busy person and you may not respong to my let -ter, but I think it is very important that assessors, as well as local government officials in general, treat all people fairly. This is one case where I think it is outright abuse. Thank you for letting me speak my mind. Very truly yours, Gene Rezac tr/Gr Enclosure 6301 CENTRAL AVENUE NORTHEAST * FRIDLEY, MINNESOTA 55432 * 612-574-9919 GMSTAR CORPORATION Scott Hovet City Assessor 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Hovet: September 26, 1989 Just to keep you up-to-date as to what is happening on our 17 unit apartment building at 10890 Southshore Drive in Plymouth, MN, if you recollect, you had us at fair market value of $685,000. After several conversations between you and I, you agreed to reduce it to $625,000. Enclosed you will find some papers that will show that we listed it for sale with Griffin Companies for $550,000 and that we accepted on offer from a pro- spective buyer of $510,000. Unfortunately, we just received a letter, a copy of which is also enclosed, from the prospective buyer's attorney saying that they will not go through with the purchase because there is too much deferred maintenance. That leads me to believe that the property is worth less than $510,000. This property has been on the market now for several months, and this offer was the best we could do. We are presently in default on our contract for deed, and it looks like in October we are going to have to give the property back to the contract holder. The contract balance is $439,000, and according to the IRS, the selling price will be the debt relief which is $439,000. This is substantially less than the $625,000 that you feel our property is worth. I think people such as yourself should lose your jobs for not having any idea of what property is worth in today's marketplace. I am sending a letter today to the mayor of Plymouth to suggest to him that steps be taken to remove you from office. People such as yourself should stick to valuing single family homes which are a little bit easier to calculate. If the city can not get a good assessor, then they should let Hennipen County do the work for them. Very truly yours, Gene Rezac tr%G{l Enclosures 6301 CENTRAL AVENUE NORTHEAST * FRIDLEY. MINNESOTA 55432 * 612-574-9919 WEST SUBURBAN MEDIATION CENTER 32 Tenth Avenue South, Suite 211, Hopkins, MN 55343 (612) 933-0005 October 4,1989 Mayor Virgil Schneider Council Members City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mayor Schneider: I---- -.-I Thank ' -- Thank you for your letter of September 26th recommending 1990 funding of $550 for West Suburban Mediation Center. We are pleased to be included in the budget. We appreciate your support. In the third quarter we provided service as follows: 1. Case *704. Business consumer. Conciliated. 2. Can *716, Juvenile vandalism. Successful mediation. 3. Caw 0727. Juvenile vandalism. Successful mediation. 4. Can *731, Malicious mischief. OP refused. These cases represent 22 hours of service at $25 per hour or $550. Overall, there has been a 270% increase in cases in the first nine months of 1989 over the same period in 1988 (79 cases in 1988; 220 cases in 1989). Enclosed please find a compilation of the evaluation responses (65) for the period ,January through August. We look forward to increased usage of our program in the months to come. Again, thank you for your support and interest. Sincerely, Susan A. Nelson Executive Director cc: Don Fraley SAN/vm Total of all responses were: 175 excellent; 178 good; 93 fair; 22 poor C and 27 undecided. 56 would use the service again, 4 no. 58 would recommend the program to others, 3 no. WEST SUBURBAN MEDIATION CENTER EVALUATION FORM Would you please help us ev�iluate the services you received from West Suburban Mediation Center. We are in'.erested in your opinions, whether they are positive or negative. Please answer all the questions. We also welcome your comments and suggestions. Thank you ven, much, we appreciate your help. Please rate every one of the 1 -)flowing by circling the answer which most closely indicates your opinion. Any ::omments you wish to make can be made on.the reverse side of this sheet. 1 = EXCELLENT, 2 = GOOD, 3 - FAIR, 4 = POOR, 5 = UNDECIDED 1. How would you rate the ovsrall quality of the service you received? l 2 3 4 5 2. How would you rate the service provided? a) prom n►(y administerea? b) performed in a reason,tble amount of time? c) the type of service you, needed? 3. How would you rate the se. -.rice of the mediators? 4. flow effective was the service? 5. How well did WSMC satisfy your needs? 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 6. If you had another dispute 'conflict would you use the service again? YES NO 7. Would you recommend the irogram to others? YES NO Case Number Rev. 2/89 I IV A:J NORTH HENNEPIN BUSINESS and PROFESSIONAL WOMEN September 27, 1989 The Honorable Virgil Schneider Mayor of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth,MN 55447 Dear Mayor Schneider, The third week of October has been designated by the President of the United States as National Business Women's Week. The North Hennepin Business and Professional Women's organization invites you to join in our observance of National Business Women's Week by signing the enclosed Proclamation. This proclamation will be read at our observance of the occasion on October 18, 1989. You will be acknowledged with all mayors of the North Hennepin area issuing the Proclamation. I've enclosed a brochure about our organization. One of our major projects is awarding scholarships and career advancement assistance to women in the community. I've also enclosed a flyer describing our October 18 celebration. We are pleased to have as our keynote speaker Leeann Chin, president of Leeann Chin, Inc. This event is open to the public, and we would appreciate it if you could either post the flyer, or circulate it to those who may be interested. Please have the Proclamation returned to: Jan Hazel, AT&T, 222 South 9th Street, Suite 1760, Minneapolis, MN 55402. Your support will be remembered. Thank you. Sincerely, Jan ;`Hazel' Past Presi nt Chair -National Encl. (2) Business Women's Week BPWThe Voice of Working Women WHEREAS working women constitute an ever increasing number of the Nation's working force, and are constantly striving to serve their communities, their states and their nation in civic and cultural programs, and WHEREAS major goals of business and professional women are to help create better conditions for business women through the study of social, educational, economic and political problems; to help them be of greater service to their community; to further friendship with women throughout the world, and WHEREAS all of us are proud of their leadership in these many fields of endeavor NOW, THEREFORE I, AS MAYOR OF THE CITY OF PLYMOUTH by the authority vested in me, do hereby proclaim the week of October 15-21, 1989 as NATIONAL BUSINESS WOMEN'S WEEK sponsored by the National Federation of Business and Professional Women's Clubs, Inc. and urge all citizens in the North Hennepin Area, all civic and fraternal groups, all educational associations, all news media and other community organizations to join in this salute to working women by encouraging and pro- moting the celebration of the achievements of all business and professional women as they contribute daily to our economic, civic and cultural purposes. By Mayo 440 as�ociati�n of metropolitan municipalities October 3, 1989 Dear City Official: The attached Legislative Policies have been recommended by the five AMM standing policy committees for adoption by the Board of Directors and General Membership as additions and/or revised AMM Legislative Policy for the 1990 Legislative Session. The Board of Directors will be meeting in about ten days to review and consider these policies and any changes made by the Board will be forwardea to you as soon as possible thereafter. Policies adopted last year for 1989-1990 continue for 1990 except for those recommended for change by this year's action. The General Membership meeting to consider and approve these policies has been set for Thursday evening, November 2, 1989. We will be sending you more detailed information concerning this meeting in the near future but please reserve this date on your calendar now. We are sending the proposed policies now to give you and your council as much time as possible to peruse and discuss the various policy recommendations. Policy adoption at this meeting requires a two thirds majority vote of those present. Each city has one vote except Bloomington has two votes, St. Paul has five votes and Minneapolis has seven votes because of their larger populations. We look forward to your active participation in this very important part of the AMS[ policy process. Respectfully, A , , * 00 Malt Fehst, President Association of Metropolitan Municipalities 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 F 4 too as ociation of metropolitan municipalities 1990 SEPTEMBER 29, 1989 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 P R O P O S E D A D D E N D U M T 0 P O L I C I E S A N D LEGISLATI VE PROPOSALS 1990 SEPTEMBER 29, 1989 183 university avenue east, st. paul, minnesota 55101 (612) 227-5600 MUNICIPAL REVENUE AND TAXATION 90-11 MANDATED STATE AND FEDERAL PROGRAMS (I -B-3) The cost of local government is being influenced more and more by both state and federally legislated mandated programs and increased mandated benefits or costs for in-place programs. Due to current levy limitation restrictions, the ability of local government to pay these increased costs is severely restricted, thereby causing in many instances, a reduction in the level of the traditional service functions of police, fire, street, etc. There is a vast range of mandated program increases which have no bearing or relationship to the annually allowed levy limit increase. Some of these include worker's compensation benefits, binding arbitration, federal social security, minimum wage laws, comprehensive planning, Critical Areas Act, Shorelines Act, OSHA, etc. THE AMM URGES THE LEGISLATURE TO RECOGNIZE THAT MANDATED INCREASED EXPENDITURES IN ONE PROGRAM WITHOUT A CORRESPONDING INCREASE IN FUNDING ABILITY MANDATES A DECREASED EXPENDITURE IN THE OTHER SERVICE AREAS SUCH AS PUBLIC SAFETY ETC. THEREFORE, WHEN NEW PROGRAMS OR INCREASES TO EXISTING PROGRAMS ARE MANDATED, THE LEGISLATURE SHOULD PROVIDE SUBSTANTIAL STATE FUNDING ASSISTANCE ALONG WITH, AS APPROPRIATE, A PERMANENT LEVY LIMIT BASE INCREASE TO OFFSET THE NEW COSTS. 90-12 PROPERTY TAX REFORM - TIF HOUSING The new property tax aid system eliminates payments to local government to offset homestead credit to homeowners. This elimination has created a significant financial problem for cities that created TIF Housing Districts to help eliminate delapidated housing stock in blighted areas. Without the full increment, including the amount for homestead credit, many areas are having to levy additional property tax to pay the TIF bonds. In some cases the levy amount is very significant, i.e., up to a 20% across the board tax increase. Since these districts were undertaken in good faith to alleviate a public safety problem, it is unreasonable for the legislature to unduly penalize taxpayers in these cities because of a change in tax methodology. Therefore; THE AMM URGES THE LEGISLATURE TO CREATE A SPECIAL TRANSITION AID FUND TO QFFSET THE DECREASED HOMESTEAD CREDIT PAYMENTS FOR TIF HOUSING DISTRICTS TO ENSURE THAT OTHER TAXPAYERS ARE NOT PENALIZED BY HAVING TO PAY A SPECIAL LEVY FOR TIF BONDED DEBT PAYMENTS. 90-13 FISCAL DISPARITIES (I -F) Starting with the 1987 tax bill, the legislature has systematically begun making major changes to the Minnesota property tax system. The Homestead Credit has been changed to an aid and reduced, aid distribution between types of local government and among regions is changing, and classification rates -1- and ratios to determine taxable value and relative tax are being modified annually. All of these changes will have an impact on the operation of the Fiscal Disparities program but because of the interactiveness of one change upon another, it is difficult to assess the total impact or change in the relative contribution and distribution of fiscal disparities tax base. Thus, it seems inappropriate to continue pursuit of a major change to the fiscal disparities program until the proposed changes can be analyzed as they would interact with the property tax system changes of 1989-1990. Therefore, THE AMM REQUESTS THAT NO CHANGES BE MADE TO THE FISCAL DISPARITIES PROGRAM UNTIL THE CURRENT PROPERTY TAX REFORM MEASURES ARE IN PLACE AND THE IMPACT ON FISCAL DISPARITIES CAN BE DETERMINED. STUDY SHOULD CONTINUE AS TO THE INTERACTION AND IMPACT OF FISCAL DISPARITIES WITH THE NEW TAX LAW. -2- ,l r 2 GENERAL LEGISLATION 90-21 PICKET LINES (A-3) PUBLIC EMPLOYEES SHOULD NOT BE GIVEN THE RIGHT TO REFUSE TO CROSS A PICKET LINE. 90-22 PART TIME EMPLOYEES (A-5) THE AMM RECOMMENDS THAT THE LEGISLATURE REINSTATE THE PREVIOUS DEFINITION OF EMPLOYEES COVERED BY PELRA TO BE 'PERSONS EMPLOYED FOR MORE THAN 100 DAYS IN A CALENDAR YEAR' INSTEAD OF THE CURRENT 67 DAYS. 90-23 DATA PRIVACY AND OPEN MEETING (II -C) Data privacy laws protect individuals from the release of information to the public which the legislature has deemed to be private or which could be unnecessarily harmful to the individual. On the other hand, the open meeting iaw prohibits local government units from holding closed sessions except when discussing pending or actual lawsuits with an attorney or labor negotiations. Unfortunately, many occasions have arisen in past years where local units in dealing with individuals or employee disciplinary matters have been forced to either violate the Data Privacy Statutes or the Open Meeting Statute in order to fairly resolve the issue. The Minnesota Supreme Court in early 1989 finally resolved the conflict between the two laws and did so by establishing a clearly followed rule. When 'not public data' comes before public bodies, either the data must not be released or the meeting must be closed. THE AMM SUPPORTS CONTINUING THE RULE INITIATED BY THE SUPREME COURT IN THE ANNANDALE ADVOCATE DECISION THAT MEETINGS OF PUBLIC BODIES MUST BE CLOSED WHEN DATA CLASSIFIED AS OTHER THAN PUBLIC IS TO BE DISCUSSED. IF THE LEGISLATURE DOES MODIFY THE LAW IT SHOULD BE CONSISTENT WITH THE ANNANDALE DECISION. 90-24 CONTRACTOR PERFORMANCE BONDS (II -I) The 1989 legislature modified Minnesota Statutes 574.26 to allow contractors to provide a letter of credit instead of a performance bond for contracts of less than $50,000. This is an improvement but still will create significant hardship with many reputable small contractors. In todays market, projects in excess of $50,000 are very common and are not really large fobs. The emphasis should be in protecting the public. THE AMM URGES THE LEGISLATURE TO PROVIDE GREATER FLEXIBILITY IN -3- CONTRACTOR GUARANTEES FOR CITIES BY ALLOWING IN ADDITION TO BONDS, OTHER RELIABLE FINANCIAL SECURITY GUARANTEES, SUCH AS LETTERS OF CREDIT, WITHOUT LIMITATION AS TO PROJECT COSTS. 90-25 DATA PRACTICES - GENERAL PUBLIC DATA The Government Data Practices Act allows municipalities to charge the actual costs of searching for, retrieving, and copying public data if copies of the data are requested. The law prohibits municipalities from charging the costs of searching for and retrieving data if a person asks only to inspect it. In many cases, the searching and retrieving are the most time-consuming aspects of supplying data. Making a copy is frequently only a small portion of the time required and should not be the standard for determining whether a charge is appropriate. Profit-making enterprises have used this free service to augment their businesses. For example, individuals have established businesses for preparing special assessment searches. Personnel from these businesses use city facilities, including expensive computer equipment, to obtain the special assessment data. The personnel may also take significant amounts of staff time for explanations of the data collected. They then dominate the publicly provided telephone for lengthly periods to transmit the information obtained. These businesses use city facilities and personnel as part of a profit-making enterprise, solely at taxpayer expense. Municipalities should be allowed to charge for retrieving and explaining public data whether or not the request includes copying. The law also prohibits municipalities from charging for separating public from non-public data. This task may be very time-comsuming and is necessary to protect the non-public data. Municipalities should be allowed to charge for this service. To preserve the Act's spirit and intent of keeping government records open to inspection for public purposes, the new charges proposed would not apply to the media or to private citizens requesting information about themselves or their own properties. THE AMM ENCOURAGES THE LEGISLATURE TO AMEND MINN. STAT. 13.03, SUBD. 3 TO ALLOW MUNICIPALITIES TO CHARGE FOR RETRIEVING AND EXPLAINING PUBLIC DATA AND FOR SEPARATING PUBLIC FROM NON-PUBLIC DATA. THIS AMENDMENT WOULD NOT APPLY, HOWEVER, TO THE MEDIA OR TO PRIVATE CITIZENS REQUESTING INFORMATION ABOUT THEMSELVES OF THEIR OWN PROPERTIES. 90-26 (II -G) COMPARABLE WORTH The Minnesota Pay Equity Law mandated in 1984 that public employers conduct a comparable worth study and report the results -4- to the state. Cities have consistently demonstrated their continuing support of the concept and objectives of the law by: -Virtually all of the 1,600 public agencies required to do so have completed pay equity studies and submitted their reports to the state in accordance with statute. -For each of these public agencies, first year implementation costs were between 2% and 7% of payroll. This is a significant continuing expenditure to each public agency. -To complete the mandated study, public agencies have invested between $2,000 to $20,000 each, either in staff time or consultant services or both. Additional costs will accrue for continuous updates. -Most agencies schedule pay equity implementation by the state mandated December 31, 1991, deadline or sooner. -Pay equity has provided municipalities with a rational basis for community employee compensation and classification systems. The Commissioner of the Department of Employee Relations has stated that there is no problem with pay equity implementation in the vast majority of cases. To enhance the enforceability of the statute, the legislature in 1987 adopted a requirement that all plans be fully implemented no later than December 31, 1991, and imposed financial penalties for noncompliance within that time frame. In the meantime, alleged pay inequities can be resolved through 1) The Department of Human Rights process; 2) Court system; or 3) Arbitration. Finally, there has been no systematic research done by either the Department of Human Rights or Department of Employee Relations to statistically substantiate widespread pay equity implementation problems. At this time it is too early to consider changes to the pay equity law. Most units are in the implementation process, mainly using a three year phased program. The cities and the legislature need time to analyze the results of the implementation. To change rules, criteria, definition or mandates in mid stream will only cause more confusion, more unnecessary expense and in many cases delays. The legislature needs to provide the tools (ability to raise the dollars needed) and the time for local units to comply willingly. THE AMM URGES THE LEGISLATURE: TO PROVIDE LEVY BASE ADJUSTMENTS FOR PAY EQUITY IMPLEMENTATION; TO NOT ENDANGER ECONOMIC AND EFFICIENT PROVISION OF PUBLIC -5- SERVICES BY PROHIBITING PRIVATIZATION OR JOINT POWERS AGREEMENTS FOR VARIOUS SERVICES. THE LEGISLATURE SHOULD NOT MANDATE THAT PUBLIC AGENCIES ARE TO BE THE VEHICLE TO IMPLEMENT PAY EQUITY IN THE PRIVATE SECTOR THROUGH CONTRACT COMPLIANCE REQUIREMENTS; AND TO NOT MAKE CHANGES IN THE LAW UNTIL THE CURRENT IMPLEMENTATION DEADLINE, DECEMBER 319 1991, HAS ELAPSED. IN THE INTERIM, THE DEPARTMENT OF EMPLOYEE RELATIONS SHOULD BE DIRECTED TO REVIEW ITS PAY EQUITY REPORT FILES TO IDENTIFY STATISTICALLY THE NATURE AND NUMBER OF PROBLEMS WHICH EXIST IN ACHIEVING STATE-WIDE PAY EQUITY OBJECTIVES. THIS DATA, COUPLED WITH PUBLIC AGENCY EXPERIENCE IN IMPLEMENTING COMPARABLE WORTH PLANS WILL PROVIDE THE BASIS FOR A COOPERATIVE REVIEW BY DOER AND PUBLIC AGENCIES TO DETERMINE THE NEED FOR REFINEMENTS TO THE PAY EQUITY LAW. IF THE LEGISLATURE ELECTS TO CHANGE THE LAW THEN THE FOLLOWING GUIDELINES SHOULD BE USED: COMPARABLE WORTH INVOLVES ALL PUBLIC EMPLOYEES, MALE AND FEMALE, OCCUPING ALL TYPES OF PUBLIC SECTOR POSITIONS. TRUE COMPARABLE WORTH IMPLEMENTATION MUST THEREFORE INCLUDE ALL MALE, FEMALE AND BALANCED JOB CLASSES - IT IS NOT SUFFICIENT TO CONCENTRATE ON ONE CLASS OVER ANOTHER. THE APPROACH TO COMPARABLE WORTH SHOULD BE COMPREHENSIVE, DEALING WITH ALL EMPLOYEES AT ALL RANKS REGARDLESS OF SEX. THIS IS THE ONLY EQUITABLE APPROACH. ONE OF THE PRIMARY OBSTACLES BLOCKING THE IMPLEMENTATION OF COMPARABLE WORTH IS THE EXISTING STATE STATUTES WHICH DEFINE CERTAIN EMPLOYEES AS ESSENTIAL AND OTHERS AS NON-ESSENTIAL AND REQUIRE IMPLEMENTATION OF PAY EQUITY TO BE COLLECTIVELY BARGAINED. ESSENTIAL EMPLOYEES DO NOT HAVE THE RIGHT TO STRIKE, BUT MAY UTILIZE BINDING ARBITRATION. ARBITRATORS ARE NOT BOUND TO CONSIDER THE RESULTS OF COMPARABLE WORTH STUDIES. THIS CREATES A SPECIAL CLASS OF EMPLOYEES WITH UNIQUE BARGAINING LEVERAGE. HISTORY DEMONSTRATES THAT THIS LEVERAGE HAS RESULTED IN HIGHER WAGES TO ESSENTIAL EMPLOYEES THAN NON-ESSENTIAL EMPLOYEES. THIS INEQUITY MUST BE DISCONTINUED IN ORDER FOR FULL IMPLEMENTATION OF COMPARABLE WORTH TO OCCUR. ARBITRATORS AND NEGOTIATORS SHOULD BE REQUIRED TO CONSIDER COMPARABLE WORTH RESULTS FOR ALL EMPLOYEE GROUPS. IF THIS DOES NOT OCCUR, ARBITRATION AWARDS SHOULD BE CONSIDERED ALLOWABLE EXCEPTIONS TO PAY EQUITY IMPLEMENTATION. THERE SHOULD BE NO LIMITATION ON THE TOOLS AVAILABLE TO PUBLIC AGENCIES TO IMPLEMENT PAY EQUITY INCLUDING ACCELERATING OR DECELERATING SALARY INCREASES, JOB RESTRUCTURING, PRIVATE CONTRACTING, AND OTHER STRATEGIES. WHILE PRIMARY CONSIDERATION NEEDS TO BE GIVEN TO COMPARABLE JOB VALUE, MARKET CONDITIONS MUST ALSO BE CONSIDERED. THIS IS NECESSARY BOTH TO ASSURE THAT MUNICIPALITIES ARE ABLE TO CONTINUE TO RECRUIT AND RETAIN QUALIFIED CANDIDATES AND TO ASSURE THAT Im CLASSIFICATIONS SIMILAR TO PRIVATE SECTOR JOBS ARE NOT PAID INORDINATELY HIGHER WAGES THAN THOSE PAID IN THE PRIVATE SECTOR. PAY FOR PERFORMANCE IS AN OBJECTIVE AS FUNDAMENTAL AS COMPARABLE WORTH. THE OBJECTIVE SHOULD CONTINUE TO BE TO PAY INDIVIDUALS ON THE BASIS OF THEIR PERFORMANCE AND WORK VALUE. CHANGES SHOULD NOT BE CONSIDERED WHICH UNDERMINE PAY FOR PERFORMANCE PRINCIPLES AND IN EFFECT MAKE PAY FOR PERFORMANCE AN EXCEPTION WHICH MUST BE JUSTIFIED WHEN USED. INSTEAD, PAY FOR PERFORMANCE SHOULD BE THE NORM USED FOR ADJUSTING EMPLOYEE SALARIES. ANY DEFINITION OF PAY EQUITY IMPLEMENTATION MUST RECOGNIZE AND ACCEPT AS APPROPRIATE DIFFERENCES IN EMPLOYEE PAY OCCASIONED BY TIME IN POSITION, MARKET, PAY FOR PERFORMANCE PRINCIPLES AND CONTRACT SETTLEMENTS. IT MUST ALSO RECOGNIZE AND GIVE CREDIT FOR GOOD FAITH IMPLEMENTATION EFFORTS AND THE FACT THAT COMPARABLE WORTH IMPLEMENTATION IS AN ONGOING EFFORT. EACH TIME A SALARY CHANGES, SO TOO DOES THE PAY STRUCTURE OF THE ORGANIZATION. MUNICIPALITIES MUST THEREFORE EXAMINE THEIR PAY PLANS REGULARLY TO ASSURE THAT THEIR PAY PLAN AND POLICIES ENSURE ACHIEVEMENT OF COMPARABLE WORTH INSOFAR AS POSSIBLE. IF A GOVERNMENTAL UNIT CAN DEMONSTRATE A GOOD FAITH EFFORT AND CONTINUED PROGRESS TOWARD ACHIEVEMENT OF PAY EQUITY, NO PENALTY SHOULD BE ASSESSED. 90-27 CONCURRENT DETACHMENT AND ANNEXATION (II -N) Prior to 1985 the changing of municipal boundaries initiated by property owners was limited to the single case where their property was totally surrounded by another community. The 1985 legislation opened the possibility up to all property owners to initiate such action. This broad based allowance is problematic in some instances because of the City expense and intercity divisiveness that it causes. IT IS THE POLICY OF THE AMM THAT THE PROVISION ALLOWING PROPERTY OWNERS TO PETITION FOR ANNEXATION BE MODIFIED TO ALLOW PETITIONING UNDER ANY OF THE FOLLOWING CRITERIA. -THE PROPERTY OWNERS HAVE BEEN DENIED A REASONABLE USE OF THEIR LAND WHICH IS CONSISTENT WITH AND ALLOWED UNDER THE CITY'S COMPREHENSIVE PLAN AND ZONING ORDINANCE. THE PROPERTY OWNERS HAVE NOT BEEN DENIED A REASONABLE USE IF THE PERMITTED DEVELOPMENT HAS BEEN DEFERRED PURSUANT TO A PHASING OR STAGING PLAN. -THE COMPREHENSIVE PLAN DOES NOT ACCOUNT FOR SIGNIFICANT BARRIERS SEPARATING THIS LAND FROM SERVICE FROM THE CURRENT COMMUNITY INCLUDING ANY ABILITY TO ACCESS ITS STREET SYSTEM. -7- -PROPERTY OWNERS HAVE PAID FOR SPECIAL ASSESSMENTS FOR SERVICE BUT DUE TO ACTIONS TAKEN BY THE GOVERNING BODY ARE PROHIBITED FROM ANY CONNECTION TO THAT SYSTEM. BEFORE PROPERTY OWNERS INITIATE PROCEEDINGS UNDER THESE CONDITIONS THEY MUST UNDERTAKE A PROFESSIONAL PLANNING FEASIBILITY STUDY TO BE CONDUCTED BY A CONSULTANT TO BE SELECTED AND PAID FOR BY THE PROPERTY OWNERS. THE CURRENT COMMUNITY MUST APPROVE THE SELECTION OF THE CONSULTANT OR OFFER AN ALTERNATIVE CONSULTANT ACCEPTABLE TO THE PROPERTY OWNERS. IF AGREEMENT CANNOT BE REACHED, THE MUNICIPAL BOARD SHALL APPROVE A CONSULTANT. THE STUDY SHOULD EXAMINE THE PROPOSED DEVELOPMENT OF THE PROPERTY AND THE RAMIFICATIONS OF DETACHMENT AND ANNEXATION. THE STUDY SHOULD ADDRESS PHYSICAL PLANNING ISSUES, DELIVERY OF SERVICE AND ANY FINANCIAL RAMIFICATIONS TOGETHER WITH ANY IMPLEMENTATION PLAN. THE PROPOSED PLAN FOR THE PROPERTY SHALL BE PRESENTED TO THE CURRENT COMMUNITY. IF REJECTED BY THE CURRENT COMMUNITY, THE PROPERTY OWNERS SHALL PRESENT THE PLAN TO THE OTHER COMMUNITY. PRIOR TO A HEARING IN FRONT OF THE MUNICIPAL BOARD, AFTER THE PETITION HAS BEEN SUBMITTED, THERE SHALL BE A PERIOD TO ALLOW FOR MEDIATION BY THE CITIES. FAILING A MEDIATED RESULT, A REVIEW SHALL BE CONDUCTED BY THE REGIONAL PLANNING COMMISSIONS) OR METROPOLITAN COUNCIL WHERE THE CITIES ARE LOCATED. COMMENTS WILL THEN BE FORWARDED TO THE MUNICIPAL BOARD FOR CONSIDERATION. THE MUNICIPAL BOARD'S DECISION MUST BE BASED ON A BALANCING OF THE INTERESTS OF BOTH MUNICIPALITIES AND THE PROPERTY OWNERS. FACTORS TO CONSIDER SHOULD INCLUDE BUT NOT BE LIMITED TO: -THE EXTENT OF PUBLIC SERVICES THAT CAN BE PROVIDED BY EACH MUNICIPALITY; -THE FINDINGS OF THE REGIONAL PLANNING AUTHORITY REGARDING THE IMPACT ON THE REGIONAL SYSTEMS; -THE ECONOMIC IMPACT ON EACH COMMUNITY AND THE PROPERTY OWNERS; -THE EXISTENCE OF PHYSICAL BARRIERS WHICH SEPARATE THE PROPERTY FROM THE REMAINDER OF THE CURRENT MUNICIPALITY BUT NOT THE PROPOSED MUNICIPALITY; AND -ADDITIONAL CRITERIA INCLUDED IN MS 414.041, SUBDIVISION 5. 3 HOUSING AND ECONOMIC DEVELOPMENT 90-30 TAX INCREMENT FINANCE (III B-4) Tax increment finance (TIF) has enabled cities to plan and carry out housing, economic development, and redevelopment projects on their own initiative. TIF represents the most feasible and effective strategy or tool presently exercised by cities to preserve and improve their own physical and economic environment. TIF is virtually the only tool available to most cities for positive self intervention to curb the spread of blight and to encourage and manage sound economic development which is so vital to provide jobs and to maintain a healthy tax base. THE AMM ENCOURAGES THE LEGISLATURE TO RECOGNIZE THAT TIF IS THE CORNERSTONE OF THE ECONOMIC VIABILITY FOR MANY CITIES THROUGHOUT MINNESOTA. THE LEGISLATURE MUST ALSO RECOGNIZE THAT TIF (1) IS USED STATEWIDE, (2) IS EQUALLY IMPORTANT STATEWIDE AND (3) MUST NOT BE DEALT WITH ON ANYTHING LESS THAN A STATEWIDE BASIS. UNDER THE GUISE OF REFORM SIGNIFICANT AMENDMENTS HAVE PASSED IN RECENT SESSIONS WHICH HAVE FURTHER RESTRICTED THE ABILITY OF CITIES TO USE TIF. THE AMM IS WILLING TO COOPERATE WITH OTHER GROUPS AND THE LEGISLATURE IN AN IMPARTIAL AND THOROUGH REVIEW OF TIF TO DETERMINE WHAT IMPROVEMENTS ARE NECESSARY TO CONTINUE ITS CREDIBILITY AND SUPPORT SO THAT IT CAN REMAIN AN USEFUL ECONOMIC DEVELOPMENT TOOL. 90-31 COUNTY ECONOMIC DEVELOPMENT AUTHORITIES (EDA'S) Some County Officials through the Minnesota Association of Counties are asking that Counties be given EDA authority similar to cities. A bill was introduced in the 1989 Session to grant such authority. There may be areas of the state, particularly in Greater Minnesota, where it makes sense to do economic development projects on a larger geographic basis such as a County. Such rationale does not exist in the seven county area in the AMM's judgement. THE AMM DOES NOT OPPOSE THE GRANTING OF ECONOMIC DEVELOPMENT AUTHORITY TO COUNTIES BUT BELIEVES SUCH AUTHORITY IS NOT NEEDED FOR COUNTIES IN THE METROPOLITAN AREA SINCE IT WOULD BE DUPLICATION OF AUTHORITY PRESENTLY EXERCISED BY CITIES. HOWEVER, IF SUCH AUTHORITY IS GRANTED TO METROPOLITAN COUNTIES IT MUST HAVE TWO LIMITS: (1) A COUNTY CAN NOT DO A PROJECT OR (2) LEVY AN EDA TAX IN A CITY WITHOUT CITY GOVERNMENT APPROVAL. 90-32 HAZARDOUS SITE CLEAN-UP LOAN FUND Minnesota cities have encountered difficulty in financing the redevelopment of sites that require clean up of chemical contamination. An obvious source to evaluate for its potential as the necessary provider of additional funds is the state and federal superfund. However, the Superfund is a very limited resource which is only available to deal with the most seriously polluted sites presenting immediate health hazards. It will not be available within the foreseeable future to address the growing number of polluted sites that are encountered in the redevelopment process, and that are characterized by relatively lower levels of contamination and less immediate threats to public health. The limitations of available redevelopment financing tools are such that they are not effective for contaminated sites without the infusion of an additional source of funds. To date, that source of additional funds has not been available. The inability to clean up and redevelop contaminated sites has significant negative effects on the area in which the sites are located, and has broad implications for general public health and safety. A mechanism for treatment and redevelopment of affected sites must be implemented. THE AMM REQUESTS LEGISLATION THAT WOULD ESTABLISH A STATE HAZARDOUS SUBSTANCE LOAN FUND TO PROVIDE LOANS TO MUNICIPALITIES FOR THE PURPOSE OF CORRECTING EXISTING HAZARDOUS SUBSTANCE PROBLEMS WHICH PREVENT DEVELOPMENT OF A SITE. 90-33 LAND USE PLANNING (III -C) Land use regulation by cities in the Metropolitan Area has been governed by the Municipal Planning Act (MS 462) and the Metropolitan Land Planning Act (MS 473). While not a perfect framework, these acts have worked well for the vast majority of cities in the metropolitan area. Land use control for cities is more than just one of the many powers and occupies a significant part of the work of city councils and their staff. It has a significant impact on other community regulations, tax base, economic development and redevelopment. It is a driving force for creating service needs. Land use regulation is the common thread which runs through most of a city's functions and operations. The legislation sponsored by the Governor's Advisory Committee on state local - relations (ACSLR) and introduced in the last two sessions would have substantially altered the overall land use control framework including: 1. Diluting the authority of local elected officials thereby reducing local accountability, particularly in the use of - Conditional Use Permits and Variances. -10- t 2. Establishing a new legal framework which would render moot much of the existing case law and existing codes and ordinances. 3. Leaving out significant aspects of present law which allows local officials the discretion to manage development in their cities. The proposed law may be well intentioned in attempting to create uniform land use rules for counties, towns, and cities rather than the present diverse enabling laws. However, need for such a major change has not been demonstrated at least for metropolitan cities. The proposal also does not adequately address the interface between the State Act and the Metropolitan Land Planning Act. The AMM through a special task force has been involved in this proposed revision to the state's land use planning enabling statutes for two years. Significant improvements have been made to the proposal as a result of this involvement but problems still remain and the AMM may not support passage during the 1990 legislative session. THE AMM DOES NOT BELIEVE THAT MAJOR CHANGE IS NEEDED IN THE STATUTES WHICH GOVERN MUNICIPAL LAND USE PLANNING AND REGULATION. THE AMM OPPOSES CHANGES WHICH WOULD REDUCE LOCAL FLEXIBILITY AND MANY OF THE CHANGES CONTAINED IN THE ACSLR SPONSORED LEGISLATION ARE MORE PRESCRIPTIVE THAN CURRENT LAW. THE AMM DOES NOT BELIEVE THAT UNIFORMITY FOR THE SAKE OF UNIFORMITY IN STATE STATUTES GOVERNING MUNICIPAL LAND USE CONTROLS PROVIDES SUBSTANTIAL BENEFITS TO AMM MEMBERS. THE AMM WOULD SUPPORT LEGISLATION CONTAINING MORE EXPLICIT AUTHORITY FOR LOCAL GOVERNING BODIES PROVIDED SUCH AUTHORITY IS PERMISSIVE. THE AMM WOULD NOT OPPOSE MODIFICATION OF STANDARDS FOR GRANTING VARIANCES AND ADJUSTMENTS AS AN ALTERNATIVE TO THE CURRENT RIGID STANDARDS CONTAINED IN STATUTES. ANY SUCH STATE ENABLING LEGISLATION MUST ADDRESS THE INTERFACE WITH AND ELIMINATE CONFLICT WITH THE METROPOLITAN LAND PLANNING ACT. THE COSTS TO LOCAL UNITS TO IMPLEMENT SUCH LAW SHOULD ALSO BE REIMBURSED. 90-34 STATE LICENSED RESIDENTIAL FACILITIES (GROUP HOMES) (III -D) The AMM believes that persons with disabilities are entitled to live in the least restrictive possible environment and should have a range of residential choices throughout the state. The AMM also believes that residential based facilities (i.e. Group Homes) should not be concentrated. Over -concentration of such facilities could have a negative impact on the community and on the facility residents. Recent amendments to the Federal Fair Housing Act may have an impact on the State's ability to regulate residential based facilities. However, the AMM believes that the principles - 11 - contained in this policy are very appropriate and if state legislation is pursued it should not conflict with the AMM principles. The residents of residential based facilities come from our communities and the AMM believes that cities as one of the major institutions of our society have a responsibility to be a part of the solution by welcoming such facilities on a rational basis. The AMM believes that cities have a responsibility to be part of the solution, but it also believes that the state has the major responsibility to assure that the residents living in residential based facilities receive care and supervision appropriate to the extent of their disability. The state's deinstitutionalization policy is directly linked to the need for more residential based care facilities in our cities and the state has the responsibility to provide sufficient funding to assure adequate care and supervision of the residents placed in such facilities. The state also has the responsibility to notify a city when such a facility is licensed so that the city is prepared to deal with emergencies that might occur in such a facility. The AMM also believes that the state has a responsibility to screen clients, particularly in the corrections area, so that persons placed in residential based facilities are not a danger to themselves, fellow residents, or the community. THE LEGISLATURE SHOULD ADHERE TO THE FOLLOWING PRINCIPLES WHEN DEALING WITH THE ISSUES OF DEINSTITUTIONALIZATION AND RESIDENTIAL BASED FACILITIES: -THERE MUST BE TIMELY NOTIFICATION TO CITIES WHEN A RESIDENTIAL FACILITY LICENSE IS ISSUED OR RENEWED IN ORDER TO PROVIDE THE CITY ADEQUATE OPPORTUNITY TO RESPOND. -STEPS MUST BE TAKEN TO AVOID THE CLUSTERING OF COMMUNITY RESIDENTIAL FACILITIES ATTRIBUTABLE TO ECONOMIC, GEOGRAPHIC OR PROGRAMMATIC EXPEDIENCE. STANDARDS OF NONCONCENTRATION FOR THE STATE OR FOR COUNTY -ISSUED RFP'S SHOULD BE ESTABLISHED. IN ADDITION, FINANCIAL INCENTIVE PROGRAMS FOR PROVIDERS LOCATING IN NON -CONCENTRATED AREAS SHOULD BE EXPLORED. -THERE MUST BE ADEQUATE STATE FUNDING SO THAT THE RESIDENTS OF THESE FACILITIES RECEIVE PROPER CARE AND SUPERVISION. P -THERE MUST BE A REALISTIC ONGOING SCREENING PROCESS TO ASSURE THAT PERSONS PLACED IN A RESIDENTIAL FACILITY WILL BENEFIT FROM •SUCH LIVING ENVIRONMENT AND WILL NOT BE A DANGER TO THEMSELVES OR OTHERS. THE LICENSING AUTHORITY MUST BE RESPONSIBLE FOR REMOVING -12- ANY PERSONS FOUND INCAPABLE OF CONTINUING IN SUCH ENVIRONMENT. -FACILITIES LICENSED BY THE CORRECTIONS DEPARTMENT SHOULD NOT BE EXEMPT FROM REASONABLE LOCAL LAND USE REGULATIONS. -ANY LEGISLATION EFFECTING LAND USE CONTROLS SHOULD BE EXPRESSED IN TERMINOLOGY CONSISTENT WITH LOCAL LAND USE CONTROLS. 90-36 NEIGHBORHOOD LIVEABILITY Rapidly evolving social, demographic, economic and behavorial changes are converging on many cities creating new challenges that exceed their capacity to deal effectively with their new environments. These forces are having an immediate and drastic impact on certain neighborhoods. For example, affected cities are experiencing increased demands for public safety and protective inspection services at a time when their residential tax base is eroding. High rental vacancies and dilapidated housing make maintenance of housing stock especially difficult. Also, aging housing stock is not being rehabilitated, but abandoned. Growing concentration of low income households, many of whom are minorities, raise particular challenges. Drugs and criminal activity discourage many from locating in areas offering affordable housing. Additional human service and educational needs are experienced by community agencies and school. Finally, the 'flight of avoidance' by families and businesses that give diversity, strength and leadership to the community is creating long-term problems that need to be addressed immediately. These combinations of challenges exceed many communities' financial and staffing capabilities to resolve the issues at hand. These problems, if not adequately addressed, will spread to other cities, resulting in premature economic losses; i.e., property equity, long-term community instability, and the under utilization of public infrastructure. THE CHALLENGES CITIES FACE WITH DETERIORATING NEIGHBORHOODS, CRIME, AND DRUGS NEED THE COOPERATIVE EFFORTS OF PUBLIC, PRIVATE, AND BUSINESS INTERESTS TO SOLVE. CITIES HAVE EXPANDED PUBLIC SAFETY, INSPECTION, AND HEALTH PROGRAMS; HAVE AGGRESSIVELY REPAIRED AND REPLACED INFRASTRUCTURE; I.E., REPLACED STREETS AND PUBLIC UTILITY LINES; HAVE REMOVED DISEASED TREES, REDEVELOPED PARKS, REFURBISHED OR REPLACED NEIGHBORHOOD CIVIC FACILITIES; AND HAVE DEVELOPED PROGRAMS TO ASSIST LOW AND MODERATE INCOME FAMILIES, YET PROBLEMS CONTINUE TO GROW. CITIES SHOULD TAKE THE LEAD IN DEVELOPING STRATEGIES ON HOW BEST TO DEAL WITH THE ISSUES. FOR EXAMPLE, INCREASED LEVELS OF PUBLIC SAFETY, PROTECTIVE INSPECTION, EDUCATIONAL, AND RECREATIONAL -13- SERVICES NEED TO BE ESTABLISHED AT TARGETED AREAS AND PROBLEMS. STATE AID AND GRANT PROGRAMS SHOULD BE ALLOCATED TO CITIES, COUNTIES, AND SCHOOLS TO ASSIST IN THE DELIVERY OF BASE LINE SERVICES. TO COMPLIMENT THIS, TAX POLICIES THAT ENCOURAGE QUICK REHABILITATION AND/OR REDEVELOPMENT OF AGING PROPERTY NEEDS TO BE STRENGTHENED. SEVERAL SPECIFIC STRATEGIES AND PROGRAMS SHOULD BE INVESTIGATED, INCLUDING: -AN EQUITY GUARANTEE PROGRAM - A MAJOR DEVELOPING PROBLEM IN SOME AREAS IS A HESITANCY TO PURCHASE HOMES FOR FEAR OF DECLINING VALUES. A PROGRAM WHICH GUARANTEES EQUITY COULD ALLEVIATE SUCH FEARS. SUCH A PROGRAM SHOULD BE LIMITED TO OWNER -OCCUPIED DWELLINGS AND TO AREAS WHICH MEET PREDETERMINED CRITERIA. OTHER CONDITIONS, SUCH AS CODE COMPLIANCE AND MINIMUM TIME OF OWNERSHIP COULD APPLY. THE PROGRAM COULD OPERATE SIMILAR TO THE FHA MORTGAGE INSURANCE PROGRAM AND, THEREFORE REQUIRE MINIMAL, IF ANY, PUBLIC SUPPORT. -CODE ENFORCEMENT - FOR AREAS JUST BEGINNING TO EXPERIENCE DECLINE, ADDITIONAL CODE ENFORCEMENT CAN BE AN EFFECTIVE, RELATIVELY LOW-COST STRATEGY. ADDING THIS CAPABILITY TO MUNICIPAL BUDGETS CAN BE DIFFICULT HOWEVER, GIVEN RESTRICTIVE LEVY LIMITATIONS. THE STATE SHOULD CONSIDER ALLOCATING FUNDS TO ASSIST MUNICIPALITIES WITH CREATING OR EXPANDING HOUSING CODE ENFORCEMENT PROGRAMS. CRITERIA COULD BE DEVELOPED AS TO WHEN MUNICIPALITIES WOULD QUALIFY AND FOR HOW LONG THE STATE ASSISTANCE WOULD BE AVAILABLE. -EDA LEVY AUTHORITY - CITIES CURRENTLY HAVE LIMITED AUTHORITY TO LEVY FOR EDA ACTIVITIES. CONSIDERATION SHOULD BE GIVEN TO EXPANDING THIS AUTHORITY. -HOUSING COURT JURISDICTIONS - THE JURISDICTION OF CURRENT HOUSING COURTS IS LIMITED TO MULTI -FAMILY BUILDINGS. ABSENTEE OWNERSHIP OF SINGLE-FAMILY DWELLINGS IS BECOMING MORE OF A PROBLEM AS ONE MOVES OUTWARD FROM THE CORE OF THE CENTER CITIES. CONSIDERATION SHOULD BE GIVEN TO EXTENDING THE JURISDICTION OF HOUSING COURTS TO SINGLE - FAMILY BUILDINGS. -RESIDENTIAL MARKETING - AREAS OFTEN SUFFER FROM PERCEPTIONS, WHICH UPON CLOSER EXAMINATION ARE NOT ACCURATE. FURTHER, MANY AREAS WITH OLDER HOUSING OFTEN HAVE A NUMBER OF ATTRACTIVE FEATURES WHICH MAY NOT BE WIDELY KNOWN. WHILE CITIES ARE BECOMING INCREASINGLY ADEPT AT MARKETING THEMSELVES TO ATTRACT BUSINESS DEVELOPMENT, MOST DO NOT SIMILARLY MARKET THEMSELVES TO ATTRACT OR RETAIN NEW RESIDENTS TO THEIR EXISTING HOUSING STOCK. THE STATE SHOULD ASSIST CITIES WHICH MEET CERTAIN CRITERIA IN DEVELOPING -14- RESIDENTIAL MARKETING PROGRAMS. -15- 4 METROPOLITAN AGENCIES 90-41 METROPOLITAN COUNCIL BUDGET AND WORK PROGRAM PROCESS (IV -F) The Metropolitan Council has an annual budget approaching 15 million dollars and its programs impact the two million plus people living in the metropolitan area. The budget document should convey sufficient information so that the residents can determine what 'product' is being produced and how much the 'product' costs and the benefits. The budget process should commence early enough in the annual adoption cycle so that the residents can provide meaningful input as to goal and priorities. 41-1 BUDGET DETAIL AND SPECIFICITY The annual budget and work program document has been improved in recent years and contains more detail and specificity which enables public interest groups to make more reasoned recommendations but further improvements can be made. MANDATED OR NON DISCRETIONARY PROJECT, PROGRAMS AND ACTIVITIES SHOULD BE IDENTIFIED. PROJECTS, PROGRAMS AND ACTIVITIES WHICH MAY BE DISCRETIONARY BUT ARE TOTALLY OR MOSTLY FUNDED BY A FEDERAL OR STATE GRANT SHOULD ALSO BE IDENTIFIED. MORE INFORMATION SHOULD BE PROVIDED AS TO PREVIOUS YEARS EXPENDITURES AND PROGRESS FOR ON-GOING PROGRAMS, PROJECTS AND ACTIVITIES. 41-2 RELIANCE ON PROPERTY TAXES The AMM is concerned by the growing reliance on the property tax to support Council activities. Federal grants formerly funded about two/thirds of the Council Budget and the local property tax about one/third. The federal portion has now shrunk to about 20 percent. THE COUNCIL SHOULD MAKE A THOROUGH EXAMINATION OF THE PROGRAMS FORMERLY FUNDED BY FEDERAL GRANTS TO DETERMINE IF THEY ARE STILL NECESSARY AND WORTH4HILE WHEN ONLY LOCAL DOLLARS ARE INVOLVED. ADDITIONALLY THE COUNCIL SHOULD SEEK TO DIVEST ITSELF OF SERVICES THAT IT PERFORMS FOR THIS AREA, IF SUCH SERVICES ARE PERFORMED BY STATE AGENCIES FOR THE BALANCE OF THE STATE, OR SEEK STATE FUNDING FOR THOSE SERVICES. SOME AREAS WHICH NEED TO BE EXAMINED INCLUDE SOLID WASTE AND HEALTH CARE. 41-3 PROGRAM EVALUATION The Council usually levies the maximum or close eco the maximum tax levy allowed. It is difficult for 'outsiders' to determine if internal evaluation is being performed to ascertain the effectiveness or necessity of council programs or if they are being continued because 'they have always been done' and there are sufficient funds available to do so. THE AMM BELIEVES THAT EVERY MAJOR COUNCIL PROGRAM/ PRIORITY SHOULD -16- MEET THREE TESTS: -THE ISSUE OR PROBLEM BEING ADDRESSED IS IMPORTANT TO THE WELL BEING OF THE REGION. -COUNCIL INTERVENTION OR ACTIVITY WILL MAKE A DIFFERENCE. -COUNCIL EFFORT OR ACTIVITY DOES NOT DUPLICATE OR SERVE AS A SUBSTITUTE FOR A STATE LEVEL PROGRAM OR EFFORT OR WHAT SHOULD BE A STATE LEVEL ACTIVITY. 90-42 WATER MANAGEMENT IN METROPOLITAN AREA (IV -H) In order to safeguard the public health and the environment it is necessary to plan and manage our water resources as a valuable state and metropolitan resource. Most Water Management Organizations (WMO,$), cities, and towns are doing a good job of dealing with surface and groundwater management issues and have the authority and ability to continue to do so in a cost effective manner. These existing mechanisms should continue to be used to the greatest extent possible to address surface and groundwater management problems, instead of establishing a new system or creating new organizations. Local units of government should retain the basic responsibility for surface water management, as they are the level of government closest to the problem. A major study is now underway under the direction of BOWSR to determine the effectiveness and appropriateness of the existing metropolitan area water planning and management structure. The AMM is represented on the study committee. THE AMM WILL WAIT FOR THE RESULTS OF THE REPORT FROM THE BEFORE MENTIONED STUDY BEFORE MAKING SUBSTANTIAL RECOMMENDATIONS FOR CHANGE IN THE STRUCTURE OR AUTHORITIES FOR WATER PLANNING AND MANAGEMENT. THE AMM DOES SUPPORT THREE SPECIFIC ACTIONS WHICH ARE NOT DIRECTLY RELATED TO THE STUDY: -THE SPECIAL LEVY STATUS SHOULD BE REINSTATED FOR THE COSTS OF IMPLEMENTING THE SURFACE AND GROUNDWATER MANAGEMENT ACTS. -THE ENVIRONMENTAL QUALITY BOARD (EQB) OR MINNESOTA BOARD OF WATER AND SOIL RESOURCES (BOWSR) SHOULD EXAMINE THE 1987 METROPOLITAN GROUNDWATER PLANNING ACT AND ASSESS IF COUNTIES ARE THE LOGICAL ENTITY AROUND WHICH TO STRUCTURE GROUNDWATER MANGEMENT IN THE METROPOLITAN AREA. -THE LEGISLATURE SHOULD PROVIDE FUNDS FOR ANY ADDITIONAL WATER PLANNING ACTIVITIES IT MANDATES ON CITIES. 90-43 WASTE STREAM MANAGEMENT (IV -I) The problem of managing the waste stream (for all types of waste) is and will continue to be one of the major social environmental problems as we head into the next decade. We are -17- rapidly running out of space (capacity for land disposal) in the metropolitan area and there are no general disposal facilities in this state for Hazardous Waste. We are also learning that for many materials incineration may not oe a good environmental alternative to landfill disposal. The existing waste management system centralizes responsibility at the state level for hazardous waste but requires the cooperation and support of all levels of government and the private sector. The solid waste system for the metropolitan area is essentially a three tiered system: cities control and regulate collection; counties are responsible for 'siting' new landfills, developing abatement plans, developing processing facilities and regulating existing landfills; and the Metropolitan Council provides grants and has regional planning and coordinating responsibilities. The systems were intended to foster and encourage abatement, recycling and resource recovery for as much of the waste stream as possible and then to assure environmentally sound disposal for the remaining waste. In spite of a great deal of cooperation and coordination among and between the various levels and units of government and the private sector, some major problems appear on the horizon. While much has been accomplished during the past decade in improving the waste stream management system. Much remains to be done and any future legislation should take into account the following precepts. 43-1 INTEGRATED WASTE STREAM PLANNING The disposal of solid waste is a multifaceted problem which will require the cooperation and participation of all levels of government and the private sector to effectively develop a solid waste system which is cost effective and environmentally sound. To achieve such a system, all elements of the waste management hierarchy (reduction, reuse, recycling, composting, incinceration, landfilling) must be utilized. Further, it must be realized that an effective "system" begins before materials become "waste" and, as such, a comprehensive view of the entire life cycle of products is needed in order to succeed. -THE AMM ENDORSES THE CONCEPT THAT SINCE GOVERNMENT IS RESPONSIBLE FOR SOLID WASTE DISPOSAL, IT HAS A LEGITIMATE INTEREST IN BEING INVOLVED IN OVERALL WASTE STREAM MANAGEMENT. THIS MEANS THAT GOVERNMENT'S INTEREST BEGINS BEFORE MATERIALS BECOME "WASTE." -THE AMM ENDORSES A WASTE MANAGEMENT HIERARCHY WHICH INCLUDES REDUCTION, REUSE, RECYCLING, COMPOSTING, INCINERATION AND LANDFILLING. FURTHER, A COMPREHENSIVE SYSTEM MUST INCLUDE A MIXTURE OF ALL THESE ELEMENTS AND SHOULD NOT RELY SOLELY ON ANY ONE ELEMENT. -THE AMM ENCOURAGES MORE ATTENTION BE GIVEN TO THE ALTERNATIVES OF REDUCTION, REUSE AND RECYCLING BY ALL LEVELS OF GOVERNMENT. +THE STATE SHOULD FUND THE DEVELOPMENT AND IMPLEMENTATION OF AN EDUCATION PROGRAM, WHICH ACTIVELY ENCOURAGES CITIZENS TO RECYCLE, COMPOST, REUSE AND REDUCE WASTE GENERATION. +LEGISLATION SHOULD BE INITIATED TO REQUIRE MANUFACTURERS OF PACKAGING AND PRINT MATERIALS TO ESTABLISH RECYCLING AND REUSE MARKETS. +ESTABLISH STATE REGULATIONS WHICH REQUIRE BEVERAGE AND FOOD RETAILERS TO HAVE A DEPOSIT AND RETURN PROCESS IN PLACE FOR REUSABLE AND RETURNABLE CONTAINERS. -LEGISLATION SHOULD BE INITIATED TO REQUIRE DEPOSITS ON ITEMS WHICH DO NOT HAVE A VIABLE RECYCLING MARKET. -THE AMM OPPOSES ANY LEGISLATION WHICH WOULD LIMIT LOCAL INITIATIVES IN WASTE STREAM MANAGEMENT. -AMM SUPPORTS COMPOSTING AS A TECHNIQUE FOR REUSE OF YARDWASTES AND OTHER APPROPRIATE COMPONENTS OF THE SOLID WASTE STREAM. GIVEN THE JANUARY 1, 1990 PROHIBITION ON LANDFILLING YARDWASTE, RESIDENTS AND REFUSE HAULERS NEED TO BE IMMEDIATELY PROVIDED WITH CONVENIENT LOCATIONS TO DEPOSIT BRUSH AND OTHER YARDWASTES FOR PROCESSING. COUNTIES WITH THE ASSISTANCE FROM THE STATE SHOULD BE RESPONSIBLE FOR LOCATING AND OPERATING COMPOSITING FACILITIES. 43-2 HAZARDOUS WASTE MANAGEMENT The improper disposal of hazardous wastes, through landfilling or incineration, poses a major risk of water and air pollution. Much has been done to monitor the generation and proper disposal of hazardous waste by business and industry, and these efforts should continue. However, the reduction, control and proper disposal of household hazardous wastes is a significant concern which needs to be addressed. (A.) HOUSEHOLD HAZARDOUS WASTE. THE AMM SUPPORTS A STATE-WIDE PROGRAM TARGETED TO THE REDUCTION AND PROPER MANAGEMENT OF HOUSEHOLD HAZARDOUS WASTES, INCLUDING: -PERMANENT DROP OFF OR DISPOSAL SITES - STRATEGICALLY AND CONVENIENTLY LOCATED THROUGHOUT THE STATE WHERE ALL TYPES OF HOUSEHOLD HAZARDOUS WASTES CAN BE TAKEN FOR PROPER HANDLING, PROCESSING, OR DISPOSAL. -EDUCATIONAL AND POINT-OF-SALE INFORMATION FOR CONSUMERS NOTIFYING THEM OF THE HAZARDOUS NATURE OF CERTAIN PRODUCTS AND THE IMPORTANCE OF PROPER HANDLING. -19- -INVOLVEMENT OF THE GENERATORS (RETAILERS) IN THE MANAGEMENT SYSTEM FOR HOUSEHOLD HAZARDOUS WASTES TO HELP ASSURE PROPER HANDLING AND PROCESSING. -INFORMATION TO CONSUMERS ALERTING THEM TO NON -HAZARDOUS SUBSTITUTES FOR HAZARDOUS HOUSEHOLD PRODUCTS. -ENCOURAGEMENT WHICH COULD INCLUDE INCENTIVES TO MANUFACTURES TO PRODUCE LESS HAZARDOUS PRODUCTS FOR USE IN HOUSEHOLDS. THE TOP PRIORITY OF THE HOUSEHOLD HAZARDOUS WASTE MANAGEMENT SYSTEM IS TO REDUCE THE AMOUNT PRODUCED. (B.) COMMERCIAL/INDUSTRIAL HAZARDOUS WASTE. THE AMM SUPPORTS CONTINUED EFFORTS AT THE STATE LEVEL TO PROPERLY MANAGE INDUSTRIAL HAZARDOUS WASTES, INCLUDING THE RE -USE, RECOVERY AND RECYCLING OF AS MUCH HAZARDOUS WASTE AS POSSIBLE. THAT WHICH CANNOT BE RE -USED OR REPROCESSED MUST BE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER. MANUFACTURERS SHOULD ALSO BE ENCOURAGED TO REDUCE THE AMOUNT OF HAZARDOUS MATERIALS USED IN THEIR MANUFACTURING PROCESSES. 43-3 METROPOLITAN/COUNTY RESPONSIBILITIES. As noted previously, the cities have the responsibility for waste collection including implementing and managing most recycling type programs. The other waste stream management responsibilities are basically split between the Metropolitan Council and the Counties. Considerable progress has been made in recent years in certain parts of the waste stream management system particularly those aspects for which cities are responsible. But several significant problems beyond the control of cities are becoming evident including: the inability of the counties to site needed waste facilities (landfills, transfer stations, compost sites, etc.), fluctuating and/or lack of markets for some recyclables, uneven funding among counties to run the low tech systems, and the radical variance in disposal costs throughout the metropolitan area. Some of these problems are urgent and significant changes may need to be made in the waste stream management system in the metropolitan area. Some of the current waste stream management concerns are similar to the concerns which precipitated the formation of other regional commissions. SERIOUS CONSIDERATION SHOULD BE GIVEN TO THE FORMATION OF A REGIONAL SOLID WASTE COMMISSION. IT COULD BE PATTERNED ALONG THE LINES OF THE RTB STRUCTURALLY INCLUDING HAVING LOCAL ELECTED OFFICIALS SERVING AS COMMISSIONERS. MORE ANALYSIS AND STUDY IS NEEDED TO DETERMINE THE TOTAL LIST OF FUNCTIONS TO BE ASSIGNED TO SUCH COMMISSION BUT MOST FUNCTIONS NOW PERFORMED BY THE METROPOLITAN COUNCIL AND THE COUNTIES SHOULD BE GIVEN STRONG CONSIDERATION INCLUDING THE FOLLOWING: -20- -RESPONSIBILITY FOR SITING CERTAIN TYPES OF WASTE PROCESSING AND DISPOSAL FACILITIES. -REGULATION OF DISPOSAL CHARGES (TIPPING/FEE) TO PROVIDE MORE FAIRNESS AND EQUITY. -DISTRIBUTION OF FUNDS TO SUPPORT THE LOCAL RECYCLING PROGRAMS. -DISTRIBUTION OF OTHER GRANT FUNDS NOW MANAGED BY THE METROPOLITAN COUNCIL -MOST OTHER FUNCTION PERFORMED BY THE COUNCIL EXCEPT FOR THE PLANNING FUNCTIONS (LONG RANGE POLICY PLANS, ETC.). -COORDINATION OF MARKETING EFFORTS FOR RECYCLABLES. 43-4 LOCAL SOLID WASTE MANAGEMENT RESPONSIBILITIES The AMM acknowledges that cities have certain responsibilities in helping to manage and implement an effective solid waste management system including recycling programs and the collection systems. THE AMM BELIEVES THAT THE SYSTEM OUGHT TO BE FLEXIBILE AND BASED ON PERFORMANCE STANDARDS AND/OR GOALS RATHER THAN MANDATED TECHNIQUES. TO HELP ACHIEVE RECYCLING AND ABATEMENT GOALS, THE AMM WOULD SUPPORT THE CREATION OF A DISPOSAL SYSTEM WHERE INCENTIVES ARE PROVIDED TO RESIDENTS WHO REDUCE THEIR VOLUME OF WASTE THROUGH ABATEMENT, RE -USE AND SOURCE SEPARATION ACTIVITIES. THE RESPONSIBILITIES NOW ASSIGNED TO CITIES FOR SOLID WASTE MANAGEMENT SHOULD REMAIN WITH THE CITIES. 43-5 FUNDING The current funding system for solid waste has a number of drawbacks: It does not encourage maximum utilization of the waste disposal hierarchy; it often gives no incentive to individual residents to participate in recycling; it does not differentiate between generators of 'clean' waste and 'problem' waste; and it has given no assurances that the main sources of funding are related to the entities incurring expenses. -AMM BELIEVES THAT IN GENERAL FUNDING THE SOLID WASTE SYSTEM SHOULD COME FROM THE GENERATORS OF SOLID WASTE THROUGH THE COST OF DISPOSAL. IN PRACTICAL TERMS, THIS MEANS THAT THE TIP FEE SHOULD BE THE GENERAL, ALL-PURPOSE VEHICLE FOR FUNDING. -AMM BELIEVES THAT THE SALES TAX AS A FUNDING MECHANISM IS NOT DESIRABLE, SINCE IT APPLIES NOT ONLY TO DISPOSAL, BUT ALSO TO THE SERVICE OF COLLECTION. -IN GENERAL, THE FUNDING SYSTEM SHOULD ENCOURAGE MAXIMUM USE OF THE WASTE,HIERARCHY. IT SHOULD COST MORE TO DISPOSE OF WASTE IN LANDFILLS THAN IN RESOURCE RECOVERY FACILITIES. -AMM SUPPORTS THE CONCEPT THAT MATERIALS WHICH CAUSE SPECIAL EP -80 PROBLEMS IN THE WASTE STREAM SHOULD BEAR THE COSTS (THROUGH THE COST OF PURCHASING THE MATERIALS) ASSOCIATED WITH THESE PROBLEMS. -AMM ENCOURAGES PROVIDING FINANCIAL INCENTIVES SUCH AS VARIABLE AND DIFFERENTIAL FEES TO RESIDENTS WHO PARTICIPATE IN RECYCLING. -AMM BELIEVES THAT ANY FUNDING SYSTEM MUST GUARANTEE DISTRIBUTION OF THE MONIES TO ALL ENTITIES INVOLVED IN THE SYSTEM. 43-6 ORGANIZED COLLECTION Organized collection serves as a viable and important method for municipalities to achieve solid waste abatement. It is a type of service agreement that allows cities proper regulatory power over their solid waste collection system. It provides municipalities the opportunity to choose the type of solid waste collection that would best serve their residents. 'Just Compensation' legislation is designed to limit municipalities regulatory power in the area of solid waste collection. In placing severe financial penalties on municipalities that undertake organized collection, 'Just Compensation' legislation infringes on municipalities rights to establish intangible service agreements for municipal services. -THE AMM ENDORSES THE CONCEPT OF ORGANIZED COLLECTION AS A VIABLE METHOD FOR MUNICIPALITIES TO ASSERT REGULATORY POWER OVER THEIR SOLID WASTE COLLECTION SYSTEMS. -THE AMM BELIEVES THAT ORGANIZED COLLECTION MUST CONTINUE TO BE AVAILABLE TO CITIES AS THEY CHOOSE A TYPE OF SOLID WASTE COLLECTION SYSTEM THAT WOULD BEST SERVE THE NEEDS OF THEIR RESIDENTS. -THE AMM OPPOSES ANY LEGISLATION THAT WOULD IMPOSE COMPENSATION PENALTIES ON MUNICIPALITIES WHO CHOOSE TO IMPLEMENT A SOLID WASTE COLLECTION SYSTEM. 43-7 HOST CITIES AND CLEANUP RESPONSIBILITIES While solid waste facilities are components of county and regional solid waste management systems, they must be located in individual cities. Because the number of facilities is limited, the effects of hosting these facilities is not equally shared among cities. Most of these effects are negative - an increased likelihood and incidence of water, soil, air, and noise pollution; and increased amount of litter and offensive odors; a greater likelihood of adverse impacts on values of neighboring properties; a need for increased maintenance on public streets and highways; and potential threats to public health and welfare in areas immediate to and along access routes to these facilities. Longer-term -22- impacts may affect cities if the organizations responsible for facility operations cease as financially viable entities. Safeguards need to be enacted for host cities for the operations and clean up responsibilities associated with solid waste facilities. The trend within the metropolitan area has been to internalize present and future costs of solid waste management on current generators of solid waste. These costs should include the extra and adverse financial impacts borne by host communities. Cities host these regional facilities because of accidents of geography. Liabilities for these facilities should be shared across the region. -THE AMM SUPPORTS THE CURRENT COMPENSATION LEVEL ALLOWED THROUGH SURCHARGE FEES AS A MINIMUM LEVEL; THIS COMPENSATION SHOULD BE CONTINUED OR INCREASED. THIS FORM OF COMPENSATION SHOULD BE AVAILABLE TO ALL TYPES OF SOLID WASTE FACILITIES. -THE AMM BELIEVES THE HOST COMMUNITIES SHOULD NOT BEAR A FINANCIAL LIABILITY ASSOCIATED WITH SOLID WASTE FACILITIES. COSTS INCURRED FOR MONITORING OPERATIONS AND CORRECTIVE ACTIONS SHOULD BE BORNE BY FACILITY OPERATORS OR, IN THE ABSENCE OF SUCH REGULATIONS, BE ASSUMED BY THE STATE OF MINNESOTA. LEGISLATION NEEDS TO BE STRENGTHENED SO AS TO EXEMPT CITIES FROM ANY PRESENT AND FUTURE LIABILITY ARISING FROM OPERATIONS OF SOLID WASTE FACILITIES. LEGISLATION SHOULD FURTHER ESTABLISH THAT PROCEEDS FOR FUTURE REMEDIAL ENVIRONMENTAL ACTIONS BE IN A TRUST FUND. -THE AMM WILL SUPPORT LEGISLATION WHICH CLEARLY ARTICULATES THAT REMEDIAL ENVIRONMENTAL ACTIVITIES ARE THE RESPONSIBILITY ONLY ON THE PERMITTED OPERATOR AND/OR THE STATE OF MINNESOTA. -THE AMM BELIEVES THAT LOCAL PROPERTY TAXING AUTHORITIES SHOULD NOT BE FORCED TO LEVY HIGHER PROPERTY TAX RATES BECAUSE SOLID WASTE FACILITIES MAY DEPRESS PROPERTY VALUES WITHIN PARTS OF THE TAXING JURISDICTION. OPERATORS SHOULD BE REQUIRED TO PAY ADDITIONAL FEES COMMENSURATE WITH THE ADVERSE TAX REVENUE IMPACT RESULTING FROM LOWER VALUES ON NEIGHBORING PROPERTIES. -THE AMM WILL SUPPORT MEASURES WHICH REQUIRE THAT OPERATORS OF SOLID WASTE FACILITIES GUARANTEE THE PURCHASE VALUE OF PROPERTIES WHICH ARE INFLUENCED BY THEIR PROXIMITY TO THOSE FACILITIES. -23- 5 TRANSPORTATION 90-51 REGIONAL TRANSIT SYSTEM (V -R) The purpose of a Transportation System is to provide mobility for people and accessibility to and for economic development and services. The most effective system will make maximum use of all transit alternatives and strategies where they are most appropriate, thus, creating a truly integrated system. Exclusive reliance on only freeways is imprudent and possibly cost prohibitive primarily due to social and economic upheaval of established neighborhoods for right of way acquisition. Transit improvements are imperative, but even with implementation of various load increasing strategies, the capacity is finite and will reach unacceptable saturation limits within the forseeable future. The AMM supports more coordination and integration of Transit and Highway planning and implementation. THE REGIONAL TRANSIT SYSTEM SHOULD BE A COMBINATION OF SHORT AND LONG HAUL SYSTEMS AND BE INCLUDED IN ALL PLANNING DOCUMENTS AT ALL LEVELS INCLUDING EIS STUDIES. THE LONG HAUL SYSTEM SHOULD INCLUDE HOV LANES, EXPRESS BUSES, AND THE LIGHT RAIL TRANSIT SYSTEM WHICH SHOULD BE BUILT WHEN IT IS APPROPRIATE AND FINANCIALLY FEASIBLE IN EACH CORRIDOR OF THE AREA TO CONNECT RESIDENTS TO JOB, RETAIL, AND COMMERCIAL CENTERS. THE SHORT HAUL SYSTEM COULD INCLUDE A VARIETY OF MODES, INCLUDING A TAXI SYSTEM, BUSES, AND PARK AND RIDES ADEQUATE TO CONNECT THE LONG HAUL SYSTEM AND REGIONAL CENTERS, MAJOR TRIP GENERATORS AND COMMUNITIES, BOTH URBAN AND SUBURBAN. BUS SYSTEMS AND ESPECIALLY LRT SYSTEMS SHOULD INCLUDE AMPLE REGIONAL PARK AND RIDE FACILITIES, WITH EASY ACCESS, CONSISTENT WITH THE PLANNING OF A REGIONAL ENTITY TO ACCOMMODATE THE NEEDS OF THE PUBLIC. FEEDER SYSTEMS SHOULD BE A MAJOR CONSIDERATION FOR BUS PARK AND RIDE AND LRT STATIONS. PLANS SHOULD BE CONSIDERED TO USE VAN POOLS TO ALSO FEED THE PARK AND RIDES FOR EXPRESS BUSES AND LRT. ALL TRANSIT MODES AND TRANSPORTATION SYSTEM MANAGEMENT POLICIES SHOULD BE GIVEN EQUAL CONSIDERATION NOW AND IN THE FUTURE IN ORDER TO PROVIDE THE BEST TRANSPORTATION SYSTEM POSSIBLE TO THE METROPOLITAN AREA. THE FINANCING FOR THE REGIONAL SYSTEM SHOULD BE BORNE IN PROPORTION TO THE BENEFIT OR SERVICES RECEIVED. 90-52 CSAH DESIGNATION County State Aid Highways located within cities may not be abandoned, changed, or revoked without the concurrence of the governing body of the city unless the city refuses or neglects to -24- approve plans for construction which are in conformance with CSAH standards for a period of one year. Counties would like the authority to change designation without preparing expensive plans and without city concurrence based on changing conditions. Cities are concerned about abandonment of major county roadways without appropriate maintenance. Therefore; THE AMM OPPOSES ELIMINATION OF CITY COUNCIL CONCURRENCE FOR COUNTY STATE AID HIGHWAY ABANDONMENT, CHANGE, OR REVOCATION UNTIL SUCH TIME AS STANDARDS CAN BE DEVELOPED. C -25-