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.
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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
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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. )
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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.
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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
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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
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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
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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
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�� 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
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as ociation of
metropolitan
municipalities
1990
SEPTEMBER 29, 1989
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
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LEGISLATI
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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.
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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
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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.
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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
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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
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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
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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
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RESIDENTIAL MARKETING PROGRAMS.
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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
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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
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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.
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-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:
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-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
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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
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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.
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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
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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
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