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HomeMy WebLinkAboutCouncil Information Memorandum 12-08-1994f V Y0 DECEMBER S, 1994 UPCOMING MEETINGS AND EVENTS .... 1. CITY COUNCIL MEETING SCHEDULE FOR DECEMBER: DECEMBER 12 6:00 P.M. SPECIAL COUNCIL MEETING City Council Chambers TOPICS: Concept Plan for new 284 High School Status of Elm Creek Interceptor County Road 9 Design DECEMBER 19 5:30 P.M. COUNCIL STUDY SESSION Council Conference Room TOPIC: Housing Issues 7:00 P.M. COUNCIL MEETING City Council Chambers 2. BOARD OF ZONING -- TUESDAY, DECEMBER 13, 7:00 P.M., Council Chambers. 3. PLANNING COMMISSION -- WEDNESDAY, DECEMBER 14, 7:00 P.M., Council Chambers. 4. METRO MEETINGS - - -- The weekly calendar of meetings for the Metropolitan Council and its advisory commissions is attached. (M -4) 5. MEETING CALENDAR - The December meeting calendar is attached. (M -5) CITY COUNCIL INFORMATION AIEMO December 8, 1994 ; Page 2 1. DEPARTMENT REPORTS a. Weekly Building Permit Report for Commercial/Industrial/Public and Use Types. (I- 1) 2. MINUTES: a. Charter Commission, December 5, 1994 minutes and 1994 annual report. (I -2a) 3. QUARTERLY STATUS REPORT ON PENDING CIVIL LITIGATION - -- Report attached. (I -3) j 4. DEVELOPMENT SIGNAGE -- Development signs were placed at the following locations on December 2: 18805 County Road 6 - (94145) S.T. & M., Inc. requests approval of a Preliminary Plat for 8 single family lots on 7.3 acres. A Rezoning from FRD (Future Restricted Development District) to Rl -A, (Low Density Single Family Residential District), and Variances for ' lot width and length of cul -de -sac. The proposed development is called Hunter's Bluff. South of Schmidt Lake Road and east of Fernbrook Lane at about 47th Avenue - (94151) Lundgren Bros. Construction, Inc. has requested approval of a Preliminary Plat for 27 Single Family lots. Rezoning from FRD (Future Restricted Development District) to R -2 i (Low Density Multiple Residence District). The proposed development is referred to as Savannah 2nd Addition. Both requests will be heard by the Planning Commission at their Wednesday, December 14 meeting. j 5. NEWSLETTERS & PUBLICATIONS a. DIED Business, ,Minnesota Department of Trade & Economic Development, November, 1994. (I -5a) 6. M1940S & CORRESPONDENCE: a. Letter to Frank Knourek, 16925 11th Avenue North, and Wallace Johnson, 16705 32nd Avenue North, in response to their inquiries at the November 30 budget hearing. (I -6a) i b. Letter to Medicine Lake Mayor and Council from City Manager regarding the need to consider traffic restriction alternatives to alleviate increased traffic and speeding on South Shore Drive.1 (I -6b) c. Letter from Berteill Mahoney, Director, Teens Alone, providing a service report and year end financial statements. (I -6c) CITY COUNCIL INFORMATION MIMO December 8, 1994 Page 3 d. Letter from Fred Moore notifying property owners and other interested parties of the December 12 special Council meeting to review the proposed improvement project for County Road 9 from I -494 to Polaris Lane. (1 -6d) e. Letter to Curt Carlson, Carlson Companies, from Kathy Lueckert, on his gift of tree ornaments sent to councilmembers and staff. (I -6e) f. Letter being sent to Plymouth dog owners on the new dog licensing requirements for 1995. (1 -6f) g. Letter from Ralph Robinson, Chairman, Told Development Company, thanking the Council and City staff for assistance throughout the development and approval process involving the Tricord Systems, Inc. project. (I -6g) h. Letter from Thomas Johnson, Hennepin County Department of Public Works, regarding speed limit authorization for County Road 10 between Zinnia Lane and Winnetka Avenue (New Hope). Speed limit changes for portions of the roadway in Plymouth are: 1) Zinnia Lane to County Road 61 (Hemlock) reduced from 45 mph to 40 mph; and 2) Deerwood Lane to Zachary Lane reduced from 50 mph to 45 mph. (I -6h) i. Memo from Councilmember Granath regarding the Wetlands Ordinance adoption process. (I -6i) Dwight Johnson City Manager METRO MEETINGS A weekly calendar' of meetings and agenda items for the Metropolitan Council, its advisory and standing committees, and three regional commissions: Metropolitan Airports Commission, Metropolitan Parks and Open Space Commission, and Metropolitan Sports Facilities Commission. Meeting times and agendas are occasionally changed. Questions about meetings should be directed to the appropriate organization. Meeting information is also available on the Metro Information Line at 229 -3780. DATE: December 2, 1994 i WEEK OF: December 5 - December 9; 1994 METROPOLITAN COUNCIL Public Hearing: On Truth in Taxation Monday, Dec. 5, 5 p.m., Chambers. i Metropolitan Radio Systems Planning Committee Legislative Work Group - Tuesday, Dec. 6, 9 a.m., Metropolitan Mosquito Control District offices, 2099 University Ave., St. Paul. The group will consider a revision of draft legislation based on Metro Radio Systems Planning Committee discussion and additional changes in draft legislation. 1 Minority Issues Advisory Committee - Tuesday, Dec. 6, 4:30 p.m., Chambers. The committee will develop comments on proposed 1995 Council budget and work program and other business. Transportation Technical Advisory Committee to the Transportation Advisory Board - Wednesday, Dec. 7, 9 a.m., Chambers. The committee will consider: the state transportation plan; WDOT's federal -aid review process for local projects; Mn/DOT'S metro division reorganization; update on Mega projects; nomination of TAC chair for 1995; functional classification adjustments; and other business. i Environment Committee - Wednesday, Dec. 7, 4 p.m., Chambers. The committee will consider: the 199S capital budget and capital improvement program; the Shorewood deficiency tax levy, a request for investigation and clean -up at PM Ag/Westway site; tentative 1995 committee schedule; and other business. i Special Meeting: Finance Committee - Thursday, Dec. 8, 4 p.m., Room 2A. The committee will consider. the personnel ethical practices and communication report; approval of Metropolitan Agencies' Consolidated Financial Report; the revised personnel report; proposed amendment to procurement policy for construction change orders; a resolution authorizing a deficiency tax levy for the cities of Shorewood and Wayiata for amounts due in 1994 for sewer service; approval of personnel code and non - represented plan; a request for approval to enter into a contract with Park Nicollet Medical Center for provision of occupational health provider services; and other business. The last hour of this meeting will be closed to the public pursuant to Minnesota Statutes Section 471.705, Subdivision la(1992), as amended by 1994 Minnesota Laws chapter 618, article 1, section 39, to discuss labor negotiations issues. Public Hearing. On the 1995 Metropolitan" Council and Transit Work Program and Budget - Thursday, Dec. 8, 6 p.m., Chambers. It Legislative Coordinating Group - Friday Dec. 9, Noon, Room IA. TENTATIVE MEETINGS THE WEEK F DECEMBER 12 - DECEMBER 16 i , 1994 Community Development Committee - Monday, Dec. 12, Noon, Room IA. Public Hearing for Parks Policy Plan Amendment on Contaminated Soils - Monday, Dec. 12, Noon, Room IA. j Transportation Committee - Monday, Dec. 12, 4 p.m., Chambers. Public Hearing On High Subsidy Route Reductions/Routes s10 and sII - Tuesday, Dec. 13, 10 am., Chambers. + Public Hearing on High Subsidy Route Reductions /Routes s35ABE, s35G, s35n, s35RS, s50 - Tuesday, Dec. 13, 10 a.m., Chambers. Chair's Informal Small Group Meeting with Council Members - Wednesday, Dec. 14, 7:30 a.m., Sheraton Midway, Bigelow's, I -94 at Hamline, St. Paul. Housing Redevelopment Authority Advisory Committee - Wednesday, Dec. 14, 930 a.m., Room 2A. Public Hearing On Updated Draft of the "Americans with Disabilities Act (ADA) Paratransit Plan" - Wednesday, Dec. 14, 5 p.m., Chambers. Public Hearing On High Subsidy Route Reduction/Routes s10, sll, s35G, s35ABE - Wednesday, Dec. 14, 7 p.m., Maplewood City Hall, 1830 E Co. Rd. B., Council Chambers, Maplewood. Public Hearing On High Subsidy Route Reduction/Routes m61, 63, 66, 67, 71, 74, 75: - Wednesday, Dec. 14, 7 p.m., Wayzata City Hall, 600 Rice St., Council Chambers, Maplewood. Public Hearing On High Subsidy Route Reduction/Routes ml, m3, m38, m94M, 95MU - Thursday, Dec. 15, Noon, Minneapolis Public Library, 300 Nicollet Mall, Room 310, Minneapolis. Audit Committee - Thursday, Dec. 15, 2:30 p.m., Room IA. Chair's Informal Meeting with Council Members - Thursday, Dec. 15, 3 p.m., Chair's Office. Metropolitan Council - Thursday, Dec. 15, 4 p.m., Chambers. Public Hearing On High Subsidy Route Reduction/Routes ml, m3, m38, m94M, s35N, s35RS - Thursday, Dec. 15, 7 p.m., Apache Plaza, 3800 Silver Lake Rd., Community Room. Executive Committee --Friday, Dec. 16, 7:30 a.m., Kelly Inn, Benjamin's Restaurant, I -94 at Marion, St. Paul. Airport Contingency Planning Committee - Friday, Dec. 16, 10 am., Room 2A- Legislative Coordinating Group - Friday, Dec. 16, Noon, Room 1A- Public Hearing On High Subsidy Route Reduction/Routes m61, 63, 66, 67, 71, 74, 75 - Friday, Dec. 16, 7 p.m., St. Thomas College, Downtown Minneapolis Campus, 1000 LaSalle, Auditorium, Minneapolis. The Metropolitan Council is located at Mears Park Centre, 230 E Fifth St., St. Paul. Meeting times and agenda are subject to change. For more information or confirmation of meetings, call 291 -6447, (TDD 291 - 0904). Call the Metro Information Line at 229 -3780 for news of Council actions and coming meetings. METROPOLITAN SPORTS FACILITIES COMMISSION Finance Committee - Tuesday, Dec. 6, 9 a.m., Commission office conference room. The committee will discuss the process for insurance renewals for 1995. Intergovernmental Relations Committee - Tuesday, Dec. 6, 10 am., Commission office conference room. The committee will discuss 1995 contracts for legislative representation and the Advisory Task Force on Professional Sports Franchises. The Metropolitan Sports Facilities Commission office is located at 900 South 5th St., Minneapolis, MN 55415. All meetings are held in the Commission office conference room, unless noted otherwise. Meeting times and agendas occasionally must be changed. To verify meeting schedules and agenda items, please call Tamra Sharp, 335 -3310. METROPOLITAN PARKS AND OPEN SPACE COMMISSION Commission Meeting - Tuesday, Dec: 6, 4 p.m., Room IA. The commission will consider. Anoka County Riverfront Regional Park $65,764 development grant request; 1995 regional parks capital improvement program revision schedule and preliminary issue list; 1995 regional parks legislative strategy report; and other business. Metropolitan Parks and Open Space Commission offices are located at Mears Park Centre, 230 E. Fifth St., St. Paul, MN 55101. Meeting times and agenda must occasionally be changed. To verify meeting schedules or agenda items, call 291 -6363. rR OFFICIAL CITY MEETINGS December 1994 Sunday Monday Tuesday Wednesday November 94 January 95 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 1 1 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 Thursday 1 Friday 2 ' Saturday J 7:00 PM PRAC -Pub. Safety Trng Rm 7:00 PM COUNCIL MEET- ING - Council Chambers 7:00 PM CHARTER COMMISSION - Pub. Safety Tralslsg Room 7:00 PM WATER QUALITY COMMITTEE - Pub. Safety Library 7:30 PM HUMAN RIGHTS CONSUSSION - Pub. Safety Library 11 12 13 14 15 16 17 6:00 PM SPECIAL COUN- . CIL MEETING 7:00 PM BOARD OF ZONING - Council Chambers 7:00 PM PLANNING CODIlIIIS- SION -Co nci] Chambers 18 19 20 21 22 23 24 5:30 PM COUNCIL - - STUDY SESSION 6:00 PM FINANCIAL ADVISORY COMMITTEE -Pub. Safety Library 7:00 PM PACT -Pub. Safety Library 7:00 PM COUNCIL MEETING - Council Chambers Winter begins 25 Christmas 26 27 28 29 30 31 City Offices Closed 12/8/94 3 v� TO: DWIGHT JOHNSON, CITY C(,ilATA MANAGER FROM: CARLYS SCHANSBER INSPECTION /CONTROL CLERK SUBJECT: BUILDING PERMIT ISSUED REPORT FOR COXIMERCIAL /INDUSTRIAL/PUBLIC & CHURCH USE TYPES WEEK OF DECEMBER 1 THROUGH DECEMBER 7, 1994 PERMIT #63949 WAS ISSUED TO WELSH CONSTRUCTION FOR UPSHER SMITH LAB REMODELING LOCATED AT 13700 1ST AVENUE NORTH, VALUATION $235,000.00. 1 IAPP2T055318DEC08949412INQ I ACTIVITY APPLICATION FOR PERMIT PERMIT # 001063949 PERMIT TYPE BU SITE 13700 (BU- BUILDING PL- PLUMBING SI -SIGN) 1ST AVE N - (ME- MECHANICAL WE -WELL MO- MOVING) ZIP 554410000 USE # 0, (GR- GRADING SW -SEWER /WATER) PIN #34 - 118 - 22 - 34 - 0046 LOT 001 BLK 001 SUB /RLS CARLSON CTR 8TH TRACT APPLICANT IS 2 INSPECTOR NUMBER 79 1. OWNER NAME WELSH CO ADDRESS 8200 NORMANDALE BLVD NO. 0 CITY MINNEAPOLIS STATE MN ZIP 554370000 PHONE 8977855 2. CONTRACTOR NAME WELSH CONST NO. 536 ADDRESS 8200 NORMANDALE BLVD CITY MINNEAPOLIS STATE MN ZIP 554370000 PHONE 8977851 3. OTHER NAME CITY NO. 0 ADDRESS CITY STATE ZIP 0 PHONE. 0 i GO TO PAGE 2 OF 6@ y Annual Meeting Plymouth Charter Commission December 5, 1994 Minutes Present: Virgil Schneider, Pauline Milner, Todd Wirth, Timothy Peterson, Ellie Singer, Tyrone Bujold, Jon Speck, Robert Sipkins, Kapila Bobra, John Duntley, David Crain, William Pribble Staff Present: Assistant City Manager Kathy Lueckert Excused: Sandy Patterson, Joy Tierney Call to Order. Chairman Schneider called the annual meeting of the Plymouth Charter Commission to order at 7:02 PM. He welcomed the Charter Commission, and again introduced Robert Sipkins, the newest member of the Commission. Election of Officers. The first order of business was the election of officers. It was moved and seconded to nominate the following individuals as officers: Virgil Schneider, Chairman, William Pribble, Vice - Chairman, and Kapila Bobra, Secretary. John Duntley moved to close the nominations and to elect the officers on a unanimous vote. The motion carried. Approval of Minutes. It was moved and seconded that the Charter Commission minutes from the April meeting be approved as presented. The motion carried. Approve Annual Report to District Judge. It was moved and seconded to table discussion of the annual report to Judge Burke until later in the meeting. The motion carried. Other Business. Potential Charter Amendments. The Charter Commission discussed three possible amendments to the Charter. Residency Requirements for Ward Councilmembers. The first possible amendment is to change the residency requirement for ward councilmembers. As adopted, the Charter states that a ward councilmember must be a resident of the ward at the time that filings for elections close. Mr. Bujold suggested that the Charter be amended so that it conforms with the state Constitution, which states that a candidate must be a resident of the district 30 days prior to the election. Mr. Bujold stated that at present, the Charter is more restrictive than the state constitution. Mr. Wirth asked if the Commission were compelled to change this provision. Mr. Bujold stated his opinion that as written, the Charter would -T- : C-D_ be unenforceable on this issue. Ms. Bobra stated that she felt it was important for candidates to understand the rules prior to running for office. The Charter Commission indicated its willingness to consider an amendment to make the City Charter conform with the state constitution on residency requirements. Mandate that the City Council Adhere to State Law when the Charter is Silent. Chairman Schneider indicated that the City Council did not pass an ordinance which would have mandated that the Council follow statutory law when the Charter is silent on an issue. Ms. Singer indicated that she favors an amendment to the Charter to mandate adherence to state law by the Council when the Charter is silent. Mr. Bujold wondered if this issue would ever come up again. Ms. Lueckert stated that while unlikely, other issues could arise for which the Charter offers no guidance., The Commission indicated its willingness to consider a Charter amendment on this issue. Special Elections to Fill Council Vacancies. Ms. Lueckert explained that when Councilmember Morrison resigned, there was a question about whether or not the Charter would permit a special election to fill the vacant seat, rather than the Council appointing. As approved, the Charter does not allow a special election to fill a vacant seat. Discussion followed about whether or not a special election would be a good idea. The Charter states that an appointed councilmember would fill the vacancy until the next general municipal election. Thus the longest time period for an appointed, rather than an elected, individual to fill a council seat would be 23 months. Mr. Pribble suggested that the Commission might want to consider �a provision similar to Minnetonka, under which the City Council has a certain number of days to appoint a replacement., If someone is not appointed within that time period, the Mayor then appoints a replacement. Mr. Pribble stated that there is no benefit to postponing an appointment, and he would favor an amendment imposing some kind of time limits. j Mr. Bujold moved that Chairman Schneider appoint a committee to draft language for proposed Charter amendments on the three issues, and that the language be presented to the full Charter Commission for consideration no later than March 1, 1995. Ms. Bobra seconded the motion. I Considerable discussion followed about the best time to place Charter amendments on the ballot, and whether a municipal election (1995) or a general election (1996) would generate the most interest in Charter amendments. Mr. Wirth stated that he did not think that the Charter Commission had decided affirmatively to pursue the three - amendments, and whether or not the three amendments were worth the process and effort. 1 Mr. Bujold modified his motion to add a statement that the Charter Commission was not affirming the merits of the proposed amendments by creating the subcommittee and drafting language. Ms' Singer seconded the modification to Mr. Bujold's original amendment. I i I I . Mr. Wirth asked if would be prudent to ask staff and the City Council if there were other issues which also should be addressed. Mr. Bujold moved the question. The motion was nondebateable, and the motion passed. The original motion as modified was approved, with Messrs. Wirth and Peterson voting nay. Mr. Schneider appointed a subcommittee of himself, Mr. Pribble, Mr. Duntley, and Ms. Lueckert to draft language for proposed Charter amendments. The full Charter Commission will meet to consider the proposed language and whether or not to proceed with the amendments on February 6, 1995. 1995 Annual Meeting. It was moved and seconded to establish the 1995 annual meeting for December 4, 1995. Report on Filling Vacancy. - Ms. Lueckert reported Judge Burke had not yet appointed an individual to fill the vacant seat on the Charter Commission. Annual Report to Judge Burke. The Charter Commission discussed the annual report to Judge Burke. After minor corrections, the report was approved. There being no other business, the Charter Commission adjourned at 8:07 PM. ripcF December 9, 1994 ; PLYMOUTR Kevin S. Burke, Chief Judge Fourth Judicial District Court' Hennepin County Government Center Minneapolis, Minnesota 55487 r SUBJECT: ANNUAL' REPORT FROM THE PLYMOUTH CHARTER COMMISSION r Dear Judge Burke, I submit this report to you on behalf of the City of Plymouth's Charter Commission, in accordance with Minnesota Statute Section 410.05, Subdivision 2. f. The Charter Commission met several times during 1994 to discuss the issue of what authority the City Council should rely on in those instances when the Charter is silent. At the City's request, the Minnesota Legislature passed a bill which enables a Charter City to look to statutory. law for guidance when the city's Charter is silent. - However, the legislation does not compel a Charter City to use state statutes. The Plymouth Charter Commission in the future'may propose a charter amendment to mandate City Council reliance on state statutes when the Charter is silent on a particular issue. The Charter Commission's annual meeting was held on Monday, December 5, 1994. At this meeting, the Commission elected officers, discussed Charter issues, and set an agenda for 1995. Should you have any questions about this report, please contact me at 377 -0083. Sincerely, �v Virgil Schneider, Chair Plymouth Charter Commission 1. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 OF COUNSEL JOHN R. CARROLL JAMES D. OLSON ROBERT M.SKARE ARCHIBALD SPENCER WARD B. LEWIS JAMES 1. BEST low-Iwo ROBERT J. FLANAGAN 1898 -1974 RE: Quarterly*Status Report on Pending Civil Litigation Dear Dwight: This report covers the pending civil litigation matters as of this date. The report does not cover matters handled by the City's insurer. 1. Library Site Acquisition (City v Cavanaugh) This case has been settled. A motion has been scheduled in December to obtain court acknowledgment that the option to repurchase the land has expired and has no force or effect. 2. City of Plymouth v. Marcus Development. The City settled this breach of contract claim. The City has received a lump sum payment from some of the defendants. Two other defendants continue to make monthly payments.to the City until the $4,700 they owe to the City is paid. Only one payment remains. It is due December 15, 1994. Once the last payment is made, the matter will be concluded. 3. Assessment Appeals. Four lawsuits were originally filed by Plymouth residents alleging that various special assessments levied by the City were invalid. Three plaintiffs, John B. Jordan, Gary and Judith O'Dean and Peace Lutheran Church challenged their respective assessments on the "Medina Road" project. The City has obtained Summary Judgment against the O'Deans on the grounds they failed to comply with the necessary prerequisites to filing suit. The City has reached favorable settlements with the Jordans and Peace Lutheran Church. A court trial of the Freeman matters was held in March 1994 before BE S T & F LANAGAN ATTORNEYS AT LAw ROBERT L. CROSBY CHARLES C.BEROUIST 4000 FIRST BANK PLACE CINDY J.LARSON LEONARD M.ADDINGTON GEORGE O. LUDCHE CARYN SCHERB GLOVER ROBERT R.BARTH E.JoSEPH LAFAvE 001 SECOND AVENUE SOUTH MARY E.SHEAREN N. WALTER GRAFF ALLEN D. BARNARD GREGORY D. SOULS CATHY E. GOBLIN MINNEAPOLIS, 66402 -4331 M MN CATHERINE J. COURTNEY KEITH J. \ELSEN RICHARD A. PETERSON ROBERT J. CHRISTIANSON, JR. PATRICK B. HENNESSY TIMOTHY A. SULLIVAN TELEPHONE ((3121 339 -'7121 E BARBARA M. ROSS FRANK J. WALZ BRIAN F. RICE TELECOPIER (0121 339 -689'7 Trucy F. KOCHENDORFER JEAN -NICE M. REDING FHA. \'A VOGL MARINUS W. VAN PUTTEN, JR. DANIEL R.W. NELSON TRACY J. VAN STEENBUROH SARAH CRIPPEN MADISON DAVID B. MORSE DAVID J. ZUBKE ROBERT D. MAHER DAVID H JOHNSON JOHN A.BuRToN, JR. STEVEN R. KRUGER PAUL J. IIARMON JAMES C. DIRACL JAMES P. MICHELS WILLIAM J. MORRIS ROBERT L.MELLER, JR. JUDITH A.ROGOSHESKE PAUL E. KAMINSK[ JOHN P. BOYLE Direct Dial • 341 -9715 MICHAEL L.DIGGS SCOTT D. ELLER ROSS C. FORMELL • MICHAEL H. PINK December 1, 1994 Mr. Dwight Johnson City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 OF COUNSEL JOHN R. CARROLL JAMES D. OLSON ROBERT M.SKARE ARCHIBALD SPENCER WARD B. LEWIS JAMES 1. BEST low-Iwo ROBERT J. FLANAGAN 1898 -1974 RE: Quarterly*Status Report on Pending Civil Litigation Dear Dwight: This report covers the pending civil litigation matters as of this date. The report does not cover matters handled by the City's insurer. 1. Library Site Acquisition (City v Cavanaugh) This case has been settled. A motion has been scheduled in December to obtain court acknowledgment that the option to repurchase the land has expired and has no force or effect. 2. City of Plymouth v. Marcus Development. The City settled this breach of contract claim. The City has received a lump sum payment from some of the defendants. Two other defendants continue to make monthly payments.to the City until the $4,700 they owe to the City is paid. Only one payment remains. It is due December 15, 1994. Once the last payment is made, the matter will be concluded. 3. Assessment Appeals. Four lawsuits were originally filed by Plymouth residents alleging that various special assessments levied by the City were invalid. Three plaintiffs, John B. Jordan, Gary and Judith O'Dean and Peace Lutheran Church challenged their respective assessments on the "Medina Road" project. The City has obtained Summary Judgment against the O'Deans on the grounds they failed to comply with the necessary prerequisites to filing suit. The City has reached favorable settlements with the Jordans and Peace Lutheran Church. A court trial of the Freeman matters was held in March 1994 before Mr. Dwight Johnson December 1, 1994 Page 2 Hennepin County-District Judge Beryl Nord. Judge Nord decided the assessments on the Freeman properties exceeded the special benefits accruing as a result of the road improvements and ordered judgment against the City. The City filed a Notice of Appeal to the Minnesota Court of Appeals. We are preparing the appeal and vigorously representing the interests of the City. 4. Starks v.l Minneapolis Police Recruitment System, City of Plymouth and 35 other member cities; and Fields v. Minnesota'Police Recruitment System, City of Plymouth and 35 other member cities. Plaintiffs ab I e- referenced are African - Americans who sued defendant Minnesota Police Recruitment System (MPRS) and all of its members, specifically including Plymouth, alleging that the written examination for Police Officers administered by MPRS illegally discriminates against African - American candidates. By way of additional background, MPRS is a joint - powers agency set up by 36 municipalities to economically and efficiently validate that the written testing employed to screen police candidates properly measured job related abilities, aptitude and achievement levels, and were no't' racially or culturally biased. The plaintiffs here allege that the test is outdated and illegally discriminates against African - Americans. i Unfortunately,;the present position of Plymouth's insurer is that these claims are specifically excluded from coverage by a contractual "Joint Powers Exclusion." Further, and also unfortunately, MPRS itself apparently has no insurance which would cover-these claims. Currently, theiparties have filed a petition to join the Starks & Field cases. Statements of the cases have been filed and discovery is proceeding. Holmes & Graven filed an Answer to the Summons and Complaint on or before February 15, 1993. The Plaintiffs dropped their January 28, 1993 demand for an injunction to block MPRS testing and hiring. j On October 5, 1994 the Court entered its Findings of Fact, Conclusions of Law and Order, which concluded (1) that the use of the Watson Glaser as a selection device for the employment of police officers hasian adverse impact on black candidates, (2) that the written testing procedures used for police officers were not manifestly related to important job duties and that there was no showing that the cities engaged in any reasonable Mr. Dwight Johnson December 1, 1994 Page 3 investigation of alternatives, (3) that the cities' written testing selection procedures and devices were not justified or valididated, (4) that the cities' use of these procedures and devices constitute unlawful and unjustified discrimination under the laws of the State of Minnesota and the United States and (5) that the plaintiffs are entitled to the relief and remedies provided by law. The Court then ordered that a trial of the matter would be reconvened on remedy issues at a later date. 5. Ryan Construction v. City of Plymouth. This matter has been settled and payment made. The City Council approved the settlement on November 7, 1994. 6. Lawrence Begin v. City of Plymouth, et al. Due to the pressure of our motion for summary judgment, Lawrence Begin has "elected to drop his suit against Plymouth." We will ensure that this dismissal is completed. 7. Buchele v. City of Plymouth: This case involved a dispute between two property owners regarding a retaining wall. The Bucheles, who live in Plymouth, commenced this action against the Gladens, who live in Maple Grove, for an injunction to move the retaining wall constructed by the Gladens, or for damages, on the grounds that the retaining wall encroaches upon Bucheles' property. The Cities were named because the retaining wall also encroaches on the drainage and utility easements of Maple Grove and Plymouth. Bucheles brought a motion for summary judgment against the Gladens, and the City of Plymouth brought a motion for summary judgment that its drainage and utility easement is valid and enforceable. It is Plymouth's position that if its easement is determined to be enforceable, it has no further interest in the matter and need not participate in this continued dispute between the property owners. The Court granted the City's motion for summary judgment that the easement is valid and enforceable and dismissed the City from the case. 8. Warrior One v. City of Plymouth: We have drafted and served an Answer on behalf of the City denying Plaintiff's allegations and entitlement for recovery. We have had no correspondence with Plaintiff since our Answer was served on July 12, 1993. 9. Smiling Moose v. City of Plymouth: The City was dismissed from this action on July 29, 1994. On September 12, 1994 we received the Court's written order denying our motion to recover costs and attorney's fees. This effectively concludes the matter for the City. Mr. Dwight Johnson December 1, 1994 Page 4 10. Vrieze v.' City of Plymouth: Roger and Linda Vrieze sued the City on August 26, 1994 for damages for its alleged failure to enforce provisions of the City Code in connection with the construction of a retaining wall on the property adjacent to the landowner. In lieu of an answer, we have filed and served a moition to dismiss on the ground the the Complaint fails to state a claim upon which relief can be granted because of the discretion afforded to the City in issuing permits. The motion is scheduled to be heard on December 21, 1994. 11. First Bank of Chicago v. Second RNWNL Ltd. Partnership, City of Plymouth, et al.: The Bank is foreclosing the mortgage on the ITT building. The City was served because of its interest in the property through the Development Contract and the Assessment Agreement. The Bank scheduled a summary judgment motion for an orderpermitting foreclosure of the mortgage and finding the mortgage has priority over all other interests except the City's assessment agreement. The Bank agreed to an Order protecting the priority of the City's assessment agreement. The City filed a response that it did not object to the summary judgment motion since its interest was protected. 1 12. City of Plymouth v. Begin. The City has had an ongoing dispute with Lawrence Begin over the clean up of Parcel 2 of his property located at�4300 Fernbrook Lane. In January 1994, the Court ordered Beginito clean up and to grade and fill the property. Although Begin initially complied, he has failed to finish the.work. The City now has a motion pending before the Court to allow it to finish the clean up, to grade and fill the site, and to force Begin to pay the City's costs and expenses in doing so. 13. Stille, et al. v. City of Plymouth. Four property owners brought suit against the City to recover the amount of special assessments for street improvements to Ranchview Lane. The project was approved and specially assessed in 1991, without any appeal by the property owners. The property owners have now brought suit against the City alleging that the cost of paving the street should have been covered by funds put into escrow by the developer of the`property about 20 years ago. The escrow funds were released in 1974. -We have answered the Complaint and-­­- are drafting a motion for summary judgment. i 14. Aetna v. Hennepin County. This'is a tax appeal by Aetna of the valuation of the property at 505 Waterford which was developed as a TIF district. The property was assessed pursuant to an Assessment Agreement between the City and Aetna's i I Mr. Dwight.Johnson December 1, 1994 Page 5 predecessor that is to remain in effect until TIF bonds issued by the City mature, or are paid, defeased or redeemed. Aetna is challenging the validity of the Assessment Agreement. The City is involved in defending the action with Hennepin County because of the City's interest in the Assessment Agreement. We are in the process of resonding to discovery. There is a pretrial set for January 31, 1995. 15. Tracy Christian v. City of Plymouth. AFSCME Council 14 successfully moved the District Court to compel the City to arbitrate the grievance of Tracy'Christian who had voluntarily resigned her employment with the City. If the City intends to appeal this decision, it must do so on or before December 15, 1994. The issue is whether or not the City is required to arbitrate a voluntary termination which was not caused or instigated by the City. Very trul yours, Al en D. Barnard ADB:rys \5784.ltr cc: Robert Pemberton INDUSTRY 'CLUSTER' RESEARCHj+ BEGINS �Coliipetitive "� < Jx Industry Clusters, t44 Economic analysis will combine with 'real world' ••• and their share of metro Jobs input to bolster competitiveness of MN industries "Finn"ai nce , ., "." . . .°. JoeS In an effort to help forge more ef- •Demand Conditions - -Who are insurance & real estate `7.6 ,' •r 99,000 fective policies toward business, DTED prime customers? How much in- Computers /electronics' " 5.1: 66,000 is cooperating with the Humphrey In- ternational business is conducted? Metal &- machinery " 4.2 ' 55,000 stitute and other major industry and • Related and Supporting Indus- u� government economic development tries -- Who are the primary sup- Professional services' 3.7 48,000 groups on a research project that will pliers? Are they local? "w '_',� Publishing ` 3:1 ' 41,000 take an innovative approach to "com- • Industry Strategy, Structure ' ` ' `" 0' Precision instruments 2.4 31,000 petitiveness" analysis and also tap into and Rivalry -- Who are the local the collective "street" knowledge of competitors? Who are the national economic development professionals. and international competitors? Guided by an analytical approach From there, organizers will bring designed by Harvard professor Michael together communities, businesses, and Porter, project organizers will examine economic development professionals to what contributes to the success of vari- discuss these clusters and the regional ous industry clusters in the Twin Cit- economy. And finally, they will develop ies. The Porter method analyzes local recommendations. industry clusters in terms of: Organizers hope the project will • Factor Conditions -- What special- help public and private economic de- ized factors (such as labor or infrastruc- velopment organizations understand the ture) affect a cluster's success? What clusters and use resources more strate- are the advantages /disadvantages that gically and cooperatively. 9 loll FROM THE COMMISSIONER : HEALTH CARE'. ;ry "-Enhancing the business Trade 'off ice*promote's ',�° climate takes top priority`- Minnesota4irms-at for'95 legislative agenda, - international trade show" Results of this probject will be pre- sented to DTED's Competitiveness Task Force, which has also made use of Porters approach to understanding eco- nomic competitiveness. "The idea," said Bill Byers of the Metropolitan Council, "is to have gov- ernment participate in areas that it is supposed to -- infrastructure, education of the labor force, and paying attention to rules and regulations without unnec- essarily hurting industries." COMMUNITY,;`'•, IUFACTURING ` =`' "` DEVELOP MENT•?' Manufacturers' highlights econc importance' =:: Avr `Chronic housing :Yf "`sh'ortage hampers' ':; ; development efforts BUSINESS ISSUES THAT WILL TOP AGENDA FOR THE '95 SESSION OF THE LEGISLATURE As Minnesota's business economy shows increasingly bet- ter strength relative to the rest of the nation, one of our top priorities going into the 1995 session of the Minnesota Legislature will be to enhance the competitive position of business. Governor Carlson has established priorities for his administration toward that end. • Sales tax on replacement capital equipment. In 1994 we spearheaded a gradual phase -down of the sales tax paid by employers on replacement capital equipment from six percent to two percent by 1996. This is a first step that can be improved upon. We would like to see the phase -down accelerated, resulting in a total elimination of this disincentive tax by 1998. • Commercial and industrial property taxes. Al- though the property tax rate on commercial and industrial property has been reduced from five to 4.6 percent since 1990, many businesses still experience an overall increase in taxes paid because of rising property values and a ten- dency of local governments to increase local mil rates. Governor Carlson has called for further rate reductions and overall property tax reforms that will equalize prop- erty taxes on these employers. • Workers' Compensation Reform. The 1992 reform bill reduced costs some, but not enough. Governor Carlson would like to see the legislature enact his proposal this session. His proposal establishes a system like Wisconsin's, where costs are 30 -40 percent lower. This issue will be on the top of his agenda. • Regulatory streamlining. Minnesota's business com- munity deserves relief from excess and duplicative regu- Getting a $100,000 pay- day for a $500 investment is a great investment, and that's what Apothecary Products of Burnsville got last year when it packed off Annette Peterson of the Minnesota Trade Office to represent it at MEDICA, a huge annual medical products trade show in Germany that has been a gateway for U.S. products into the European market. Like most of the 15 Minnesota companies that the trade office organized to either attend or submit ma- lations and administrative re- quirements. A plan to consoli- date and streamline services for business is well under way, and we hope to realize a goal of one -stop electronic shopping for business information and permitting. • Health care. We need to continue to prevent extreme and costly health care reform measures from becoming law at the federal and state lev- els. The reforms enacted in 1992 represent practical re- forms that keep the costs of reforming health care within the system. Governor Carlson will advocate moving slowly and carefully toward further modest reforms that preserve competition, reduce costs, and do not penalize employers. • Worker housing initiative. While traveling Minne- sota this summer, I learned firsthand about worker short- ages in certain areas caused by a very strong economy and the high relative costs of developing affordable rental housing for entry -level workers. In response, and in an effort to urge existing businesses to expand in Minnesota and workers to move to communities with worker short- ages, the Governor has assembled a work group to de- velop solutions to housing shortages. He will announce a plan in the coming weeks, which may include changes in tax policy or tax credits to induce new development of affordable rental housing units in Greater Minnesota. TRADE OFFICE STUMPS FOR LOCAL FIRMS AT INTERNATIONAL SHOW terials to the show, Apoth- ecary Products sought prima- rily not to make direct sales, but to recruit a sales rep to take on their product lines. "If we can get one solid lead out of a show like that we are typically very pleased," says Kathy Thom, export sales adminis- trator at Apothecary. In this case Thom was very pleased. A sales rep from Latvia met with Peter- son at the event, contacted Apothecary via fax and has expanded the company's market to the growing and potentially lu- crative Russian market. Before the show, which takes place in mid - Novem her, Peterson spends about three days with each of the local companies represented. The MEDICA show draws some 100,000 people. Next year, she will also organize a delegation to attend the CeBIT trade show for infor- mational technologies, also in Berlin. The CeBIT show draws 600,000. MANUFACTURERS' WEEK Third annual event stresses the contribution of manufacturers to state and local economies Communities statewide helped rec- ognize the value of manufacturers to their local economies by participating in the third annual Manufacturer's Week festivities, October 17 -21. The event is sponsored by a con- sortium that includes DTED; the Min- nesota Chamber of Commerce; the Minnesota Precision Manufacturing Association; Minnesota Technology, Inc.; the local office of the National Association of Manufacturers; and the Manufacturers Alliance. It is designed to showcase Minnesota's manufacturing industries, increasing the public's awareness'of manufacturing's importance in provid- ing high -wage, high -skill jobs. "Businesses in general occasion- ally do not receive the recognition they deserve from communities," said Diane Knutson, a DTED industry specialist, who worked on this year's activities. "It is even more important for manufactur- ers because of the multiplier affect." "The week allows people to reflect on the importance of manufacturing to the day -to -day lives of their communi- ties," she added. Although kicked off by an official proclamation by the Governor, the cel- ebration of Manufacturers' Week is very much a grassroots operation. The week's activities this year included plant tours, luncheons, exhibitions, seminars, educational programs, and trade shows, all sponsored by local communities, civic groups, or industry groups. .MANUFACTURERS' -IMPACT ON 'MINNESOTA J ^• Manufacturing`companies em- „ploy nA71l one of every fiselloff- farm workers in Minnesota =,:�: * - • Manufacturing employees aver- age 30 percent higher wages,;than . i a rr •• Aa , - all employees: r _° } + >• Manufacturing has the largest ' total payroll of any industry in. n- nesot W,. * • Manufacturing has the fargest share (22 %)' of Minnesota s -gross state product. >xs • Manufacturing exports brought nearly, $7t billion into the state`in 1993, mo "re than any other industry. • Manufacturers contribute rieaily one -third of the state's corporate in- come tax revenues. ,. I I LAND O' LAKES RELOCATES PLANT TO FARIBAULT; EVELETH . l Viracon and Maron Coatings (both owned by Apogee Enterprises) are planning a $13 million expansi r on in Owatonna. The expansions will cre- ate 100 new jobs.... Therapedic Mid - west plans to build a factory in Minne- sota in the summer of 1995.... Oglebay Norton Co. has responded to increased demand by calling back 80 laid off workers to operate a second ore process- ing line in its Eveleth mine.... Cypress Semiconductor (San Jose, CA) will double the capacity of its Bloomington RAM chip plant with a $95 million ex- pansion.... Ag -Chem Equipment will expand its Jackson plant by 190,750 square feet.... B Braun Medical (Bethlehem, PA) is seeking approval to construct its cardiovascular division headquarters in the Wedgewood Com- merce Center in Maple Grove. In ad- dition to moving 165 workers from its Plymouth facility, it anticipates a 15 per- MINE RECALLS WORKERS cent annual growth in its workforce.... Lund Inter- national Holding, Inc. plans to open a new headquar- ters in Anoka in mid - 1995.... Westway Trading has remodeled and opened a liquid molas- ses plant in St. Paul.... West Central Turkeys will expand to double the ca- pacity of its Pelican Rapids plant.... Van Hoven opened a new manufactur- ing plant in St. Paul to produce hydro- lyzed feather meal and other poultry by- products.... Virgin Megastores (Lon- don, UK) will open a music superstore in the Conservatory in downtown Min- neapolis.... Land O'Lakes will begin producing dairy products at its Faribault plant and discontinue opera- tions in Iowa. The plant will add 40 new jobs. ...The Spaghetti Shop relocated its headquarters from Champaign, Illi- nois to Edina.... West Publishing plans to expand its Eagan, headquarters by 300,000 square feet, enabling it to add hundreds of jobs ... Medical Devices will construct a new headquarters in the Rush Lake Business Park in New Brighton, where it will add 20 new workers to its 85- person workforce.... Crown Cork and Seal Co. opened a can manufacturing plant in Owatonna with an annual capacity of 1 billion cans.... Rivertown Trading will build a 200,000 square foot distribution cen- ter in Woodbury. Its corporate head- quarters will remain in St. Paul.... Northstar Computer Forms will move its corporate headquarters and printing plant from Minneapolis to Brooklyn Park. Construction is ex- pected to be complete by February. CHRONIC HOUSING SHORTAGE HAMPERS REGIONAL ECONOMIC DEVELOPMENT EFFORTS When Polaris Company was forced to expand its manufacturing operation outside its Roseau headquarters, one reported reason was the lack of avail- able, affordable housing for employees. "It came down to a shortage of em- ployees," says Ken Larson, president of Polaris. "People were willing to move into the area but couldn't, because they couldn't find a place to live." This problem has not been lost on economic and community development professionals around the state, for r _ DTED}Business is published by the Minnesota" Department of Trade and , ^. Economic E; v-eldpment :; ... 500.MetrosSquaie'� °fi^'; • - a - 02t111C rdUh 1V111ll1C'ULd� -, 55101- 2146 "`rte•,,., 7 800- 658 -3858 612 - 296 -5005 Fax 612 - 296 -5287 Contact: Rebecca Helgesen Director of Marketing & Communications whom it has become a top priority. The problem has three dimensions. First, existing housing in rural Minne- sota is nearly 100 percent occupied. Second, the jobs created in greater Min- nesota are largely manufacturing or ag- ricultural value -added jobs that start paying between $5 -$8 per hour, not enough to cover the cost of new hous- ing -- even if one considers two - income households. And third, lower property values in rural areas tends to make new construction non - economical. The challenge facing communities is to find a way to bridge the disparity in market values and actual building costs -- as well as the disparity between construction costs and the incomes of the people who would actually move into the houses. Several options are being explored as solutions to the housing dilemma. Among them are rent subsidies or down payment assistance; deep per -unit con- struction subsidies; and a variety of lo- cal financial assistance techniques. PUBLICATIONS AVAILABLE FROM MINNESOTA'S BOOKSTORE Anyone interested in doing business with the state of Minnesota can get up- to- the - minute information with a sub- scription to the State Register. The State Register, delivered Mon- days via mail, is a source of informa- tion about rules, contracts, official no- tices, and grants. The Contracts Supplement is an ad- ditional source of information about commodity contracts. The Register costs $150 per year. The Supplement is delivered Tuesday, Wednesday, and Fri- day via first class mail at $125 or via fax or computer modem at $140. Minnesota Department of Trade and Economic Development 500 Metro Square 121 7th Place East St. Paul, MNT Srlm_o1nr- Kim Ber-gman 3400 Plymouth Blvd. Plymouth MN 55447 -1482 Either can be ordered from Minnesota's Bookstore by calling 612- 397 -3000 or 1- 800 - 657 -3757 between 8 a.m. - 4:30 p.m., Monday- Friday. In addition, the Minnesota Guide- book to State Agenc), Services, a com- prehensive guide to the services pro- vided by the State of Minnesota is avail- able for a special reduced price of $9.95. The book includes comprehensive information on virtually every aspect of Minnesota's state Government. The 710 -page book is available at Minnesota's Bookstore, 117 University Avenue, St. Paul, MN., 55155. Bulk Rate US Postage PAID Permit No. 171 St. Paul, Minn. i I December 2, 1994 ` I Mr. Frank Knourek 16925 11th Avenue North Plymouth, MN 55447 Dear Mr. Knourek, CITY OF PLYMOUTR Your appearance at the Truth and Taxation Hearing prompted me to respond to your inquiries. The property tax system in Minnesota is a complicated one and I will attempt -to explain as eloquently as possible its structure. January 2 of each year is known as the assessment date. The responsibility of the assessing staff is to determine the market value of each property within its jurisdiction. The value is established through a mass appraisal system which compares each property to the sale of similar type properties as well as studying the sale activity within the jurisdiction and the immediate neighborhood. October 1 through September 30 is the time frame to study sale activity for the upcoming assessment date each year. The average home in Plymouth appreciated in value approximately 3 to 6 percent between the 1993 assessment date the 1994 assessment date. Some areas in Plymouth increased more or less than the average. Each April a valuation notice is mailed to each property owner displaying the January 2 assessment. The valuation notice states that if a property owner has any questions or concerns to contact the assessing staff. An appointment can be made to have the property reexamined to determine if indeed an adjustment if justified. If the property owner still has concerns with the market value the valuation notice explains how to appeal to the Local Board of Review and the time limitation of the appeal process for that particular assessment year. I Numerous factors were involved in establishing your 1994 market value. State law requires assessors to revisit existing housing stock on a revolving bases every few years. This process is called the Quartile because one- quarter of the existing houses stock in the jurisdiction is reviewed. During the Spring and Summer of 1993 the entire area in which you lived was 'reviewed. Your home was inspected inside and out; central air was noted as the only improvement to the property since the last visit. The review of your home, the comparison of your home to the sale of similar type properties,and the great amount of sale activity in your neighborhood all played a factor in establishing the 1994 market value. If you would like to contact our office for a review of your home for the January 2, 1995 assessment, please do not hesitate to do so. Sincerely, Janice Olsson, CMS Senior Appraiser cc: Dwight Johnson, City Manager Dale Hahn, .Finance Director Nancy Bye, .City Assessor I i We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD -'PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 . r CITV OF PUMOUTR December 6, 1994 Mr. Frank Knourek 16925 11th Avenue North Plymouth, MN 55447 Dear Mr. Knourek: I am following up on your comment from the Truth in Taxation hearing regarding automatic payment of utility bills from your Twin City Federal Account. Currently, the City allows financial institutions to remit checks directly to the City of Plymouth for a number of customers and make deductions from those individual's bank accounts. This process is not a direct automatic clearing house (ACH) transaction that you may be familiar with in the payment of your typical Minnegasco or other utility bills. We are in the process of developing a program within our data processing department to accommodate the ACH transfer capability and hope to have this service available by the end of the first quarter or early second quarter of 1995. I am sorry I cannot offer you an immediate solution other than if Twin City Federal will consider having us mail your utility bill directly to them and have them make the payment to the City with a deduction from your account. If you wish to discuss this further, please contact me at 550 -5101. Sincerely, ale Finance Director cc: Mayor and City Council Dwight D. Johnson, City Manager We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 CITY OF PLYMOUTR December 2, 1994 Mr. Wallace Johnson 16705 32nd Avenue North Plymouth, MN 55447 Dear Mr. Johnson, �L.:. tocl-- • Your appearance at the Truth and Taxation Hearing prompted me to respond to your inquiries. The property tax system in Minnesota is a complicated one and I will attempt to explain as eloquently` as possible its structure. January 2 of each year is known as the assessment date. The responsibility of the assessing staff is to determine the market value of each property within its jurisdiction. The value is established through a mass appraisal system which compares each property to the sale of similar type properties as well as studying the sale activity within the jurisdiction and the immediate neighborhood. October 1 through September 30 is the time frame to study sale activity for the upcoming assessment date each year. ' The average home in Plymouth appreciated in value approximately 3 to 6 percent between the 1993 assessment date the 1994 assessment date. Some areas in Plymouth increased more or less than the average. Each April a valuation notice is mailed to each property owner displaying the January 2 assessment. The' valuation notice states that if a property owner has any . questions or concerns to contact the assessing staff. An appointment can be made to have the property reexamined to determine if indeed an adjustment if justified. If the property owner still has concerns with the market value the valuation notice explains how to appeal to the Local Board of Review and the time limitation of the appeal process for that particular assessment year. The sale of similar type properties created the increase to your value from 1993 to 1994. If you would like to contact our office for 'a review of your home for the January 2, 1995 assessment, please do not hesitate to do so. j i Sincerely, Janice Olsson, CMS Senior Appraiser cc: Dwight Johnson, City Manager Dale Hahn, Finance Director Nancy Bye, City Assessor i We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 i December 6, 1994 Mayor and City Council City of Medicine Lake c/o Frances H. Scott, Clerk 10609 South Shore Drive Medicine Lake; MN 55441 Dear Mayor and Members of the Council: Last week, several Plymouth staff members and Councilmember Nick Granath met with several Plymouth residents along South Shore Drive. These residents indicated that they had a substantial concern about both speeding problems and cut - through traffic along the Plymouth portion of South Shore Drive where they live. The cut - through traffic appears to be coming from individuals outside of the area seeking to avoid the northbound ramp meters for Highway 169. The residents would like the City of Plymouth to seriously consider closing South Shore Drive to through traffic at the Bassett Creek bridge and allow only bicycle and pedestrian traffic to pass over the bridge. Any blocking of the bridge would be done in such a way as to allow access for emergency vehicles such as police /sheriff cars and ambulances when other routes to the area are obstructed for any reason. ' A turn around area would also need to be constructed on each side of the road at the bridge. Before such a request is placed before the Plymouth City Council for action, we would like to know if the City of Medicine Lake has any concerns, objections or alternatives for consideration. We understand that a stop sign was once placed on South Shore Drive at the railroad tracks, but the results were found unsatisfactory by the City of Medicine Lake and the stop signs were later removed. Another alternative mentioned by our residents was an all way stop at Peninsula Road and South Shore Drive. This location is also in Medicine Lake and would require your action and enforcement. It appears that the clear first choice of our residents is to close South Shore Drive at the Bassett Creek bridge, however. Again, we would appreciate any comments about the increased traffic and speeding problem reported to us by the Plymouth residents. Thank you. Sincerely, f Dwight D. Johnson City Manager cc: Fred Moore, Public Works Director Craig Gerdes, Public Safety Director Mayor and City Council We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 M- 6,b TEENS ALONP. 1001 Highway 7. Hopkins, MN 55305 (612) 988 -4086 November 29, 1994 t Kathy Lueckert I Assistant Manager City opf Plymouth 3.400 Plymouth Blvd. } Plymouth, MN 55447 j Dear Ms. Lueckert: Please distribute the enclosed items to the mayor, members of the City Council and others interested in TEENS ALONE. Enclosed you will find a report based on our second year of service. We are pleased with our progress to date, as well as the level of community networking that continues to grow. am also including our year end financial statement and our revenue distribution. hope the Budget Committee will find it useful as they consider our request for continued funding for 1995. I If I can be of further assistance, please contact me. Sincerely, a Bertell Mahoney, Director ; Enclosures } 1 TEENS ALONE 1001 Highway 7 Hopkins, MN 55305 (612) 988 -4086 TEENS ALONE is a community based collaboration serving runaway, throwaway and homeless youth. Services target youth 10 to 17 years old in the western suburbs of Hennepin County and focus on early identification of young people in a vulnerable situation, crisis intervention, family reunification and/or conflict resolution, support for at -risk youth to remain in school and community awareness. The year was marked by steady growth, as well as increased organizational strength and visibility. CLIENTS During the second year of operation, TEENS ALONE expanded service beyond the communities included in the Hopkins and St. Louis Park school districts to include the communities served by the Wayzata School District as well. A second outreach counselor was hired, and the number of youth clients tripled from the previous year. TOTAL CLIENTS SERVED Youth Adults YOUTH Gender: Female Male Age: 11 -12 13 14 -16 17 18 Current Parental Situation: Single parent (female) Single parent (male) Two Parent Blended Parent with other adult Not living with parent School District: Hopkins St. Louis Park Wayzata Type of youth: Runaway Throwaway Homeless /abandoned Potential runaway 134 95 Problems for Youth (as reported by youth): 78% Poor or no communication 22% with parents 31% Involvement with the law 29% Living independently 4% Moving /transition 13% Peer relationships 65% Poor self -image 12% Depression 6% Suicidal 51% Grief /loss Authority issues 30% Adoption issues 4% Anxious behavior 36% Truancy 8% Failing grades 10% Chemical abuse 12% Physical abuse Sexual abuse 41% 17% 19% 26% 58% 59% 29% 9% 31% 31% 3% 13% 39% 36% 7% 21% 10% 63% 16% 8% 6% 6% 1% Referral Source: 40% Schools 31% The Bridge /Point Northwest 29% Other Agency Police Self 37% Parent/Guardian 5% 7% 51% 41% 17% 19% 26% 58% 59% 29% 9% 31% 31% 3% 13% 39% 36% 7% 21% 10% 63% 16% 8% 6% 6% 1% HOST HOMES Three host homes were licensed during the year, and outreach counselors made four placements. Because of the close collaboration with the schools, TEENS ALONE counselors were often able to become involved with a youth/ family before a crisis has developed. This has resulted in the need for fewer out -of -home placements than originally anticipated. COLLABORATION Collaboration between TEENS,ALONE, the Hopkins School District and Jewish Family and Children's Services resulted in the formation of a parent support group. Parents meet weekly at the Hopkins Area Family Resource Center for support and topical information. 1 I EVALUATION Using a grant from the Bush Foundation, members of the TEENS ALONE Board and staff from The Bridge worked with a consultant to design a comprehensive evaluation tool to measure client reactions to the TEENS ALONE program services. General conclusions based on the first year of service include: • The outreach counselor'is effectively dealing with clients. • The service is needed in the western suburbs. • Youth are staying in/returning to school. • The program is emerging as one of prevention and early intervention. • The program is known to youth, but we need to .make ourselves more visible to adults. The first evaluation survey was modified and administered to clients served during the second year of operation. Results will be analyzed during the fall of 1994, after which a report will be made available. STRATEGIC PLAN The TEENS ALONE Board of Directors developed a strategic plan with assistance from the Bush Foundation. As a result, we have a clear sense of who we are, what we do and where we are going. r i FUND RAISING i Eff rt tnued to ex and the funding base. Increased solicitations resulted in increased contributions, o scone p with the breakdown as follows: Source It I ls. Corporations /Foundations 1 27,800 22 Government 54,125 44 10 Civic organizations # 12,100 Churches j 7,204 6 Individuals 3,666 3 Special projects 3,670 3 7 Community education contributions 9,000 Earned income 472 0.5 In -kind (Hopkins School District) 5,225 4.5 BOARD EXPANSION I Five new people were added to the Board of Directors, bringing the number to fourteen brings valuable expertise, with the emphasis on business and community awareness. Each person August, 1994 Teens Alone Financial Statement For the Fiscal Year Ended 6130194 Balance of Cash Accounts At Beginning of Fiscal Year (711193) $43,577 Revenue/Contributions Corporations 7800 Foundations 20000 Churches 7204 Civic Organizations 12100 Special Projects 3670 Government 54125 Individuals 3666 Earned Interest 472 Total $109,037 Expenses The Bridge for Runaway Youth, Inc.* -83102 Hopkins Community Education -12764 Lutheran Brotherhood -1000 Miscellaneous Expenses -92 Total Expense ($96,958) Balance of Cash Accounts At End of Fiscal Year (6/30194) $55,656 Memo: Excess or Deficit ( -) of Revenue vs. Expense Net Change in Financial Condition $12,079 Notes: *Restated to exclude $23,911 pre -paid to The Bridge for the 1995 fiscal year. TEENS ALONE REPORTS CLIENT DATA AND REVENUE SOURCE CLIENT DATA - ,- 1993 -94 (reported by youth) ° Youth Adults YOUTH Gender: Female Male Age: 11 -12 13 14 -16 17 18 Current Parental Situation: Single Parent (female) Single parent (male) Two Parent Blended Parent with other adult Not living with parent School District: Hopkins St. Louis Park Wayzata 134 95 t 1 i 78% 22% 4% 13% 65% 12% 6% i 30% 4% 36% 8% 10% 12% 40% 31% 29% Type of youth: Runaway Homeless /abandoned Throwaway Potential runaway Problems for Youth Poor or no communication with parents Involvement with the law Living independently Moving/transition Peer relationships Poor self -image Depression Suicidal Grief/loss Authority issues Adoption issues Anxious behavior Truancy Failing grades Chemical abuse Physical abuse Sexual abuse Referral Source: Schools The Bridge/Point Northwest Other Agency Police Self Parent/Guardian 4 1993 -94 Revenue by Source i In -Kind (4.5 %) Community Ed. Cont. (7 %) wag Foundations/Corporations (22 %) Individuals (3 %)4sr�S° Earned Income (0.5 %) Churches (6 %) Government (44 %) ; Civic Organizations (10 %) Special Projects (3 %) 1 1 37% 7% 5% 51% 41% 17% 19% 26% 58% 59% 29% 9% 31% 31% 3% 13% 39% 36% 7% 21% 10% 63% 16% 8% 6% 6% 1% 1 December 5, 1994 «PINS► «NAME► KADDRESSI* «CITy*, «ST» SUBJECT: <,21P, M DECEMBER 12 CITY COUNCIL MEETING PROPOSED I M PROVEM ENT PROJECT - COUNTY ROAD 9 I -494 WESTERLY TO POLARIS LANE CITY PROJECT NO. 402 z�o� . Dear Property Owner: You have previously received information on the proposed improvement project by Hennepin County on County Road 9 from I -494 westerly to Polaris Lane. After a public information meeting by City and County staff and a public meeting by the City Council, the City Council gave preliminary approval to the design of the road improvements. The City Council approved the preliminary road layout submitted by the County subject to the following conditions: 1. Construct berms along the roadway to provide screening to adjacent properties except where it cannot be done for design reasons or where right -of -way cannot be obtained without cost. 4 " 2. Construct a traw sidewalk along the north side of the mad. 3. Review and report to the City on the feasibility of constructing a pedestrian underpass at approximately Juneau Lane. 4. Provide screening' along the southerly side of the roadway at approximately Juneau Lane to replace the screening provided by the existing area of trees. Both landscaping (trees) and fencing should be considered to provide this screening. I 5. Tree walls should be considered during the final design to lessen the removal of substantial size trees along the property line. 6. Water quality treatment ponds designed to accepted standards should be constructed with the project to treat the storm water runoff from the roadway. We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD '- PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 Page Two 7. Construction will be undertaken in the least destructive and less intrusive means possible. 8. Appropriate landscaping /aesthetic improvements are to be made in the project wherever possible. Although the County is working on the final design for the project in accordance with the preliminary approval by the City Council, the City Council will be specifically reviewing two features of the project. These features are as follows: 0 The need for a trail/sidewalk along the north side of the road. • The need for left/right turn lanes on County Road 9 at the Fernbrook Lane intersection. The City Council will be reviewing these items and the overall project at a special Council meeting on December 12, 1994. The meeting will begin at 7:00 p.m. in the City Council Chambers located in the City Center at 3400 Plymouth Boulevard. The public is welcome at the meeting and public input will be accepted in accordance with Council policy. If you would like to review the County's preliminary layout plan which was shown at the previous meetings, you are welcome to stop by the Engineering Division at the City Center building. Also, if you have any questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works cc: , Dwight D. Johnson, City Manager Mayor and City Council CITY OF PLYMOUTI+ December 6, 1994 Curt Carlson Carlson Companies 12755 State Highway 55; Minneapolis, Minnesota 55441 Dear Mr. Carlson, F On behalf of the City of Plymouth, I want to thank you for the lovely Christmas ornaments you sent to councilmembers and staff. Because Minnesota law prohibits elected and appointed officials from accepting personal gifts, we will use the ornaments on the City Center Christmas tree. The doves will add a lovely touch to the tree, and will be enjoyed by the many people who visit the City.. Thank you again, and best wishes for a Happy Holiday season. ; Sincerely, baoAj* Kathy Lueckert Assistant City Manager j We Listen - We Solve - We Care 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 December 12, 1994 =. &5- Dear Dog Owner: `� CITY OF PLYMOUTR In response to citizen and employee suggestions, the Plymouth City Council recently made some positive changes to the dog licensing ordinance. The new procedures will save many residents time and money by not requiring annual dog licensing. Multi -year licensing and a revised fee schedule were adopted. Here's how it works..:. Enclosed is an application for renewal of your dog license in January, 1995. Renewal can be done through the mail or in person. As in the past, you must provide the application, along with your rabies certificate and license fee. Your license tag will be issued and the date of expiration will be the date of your dog's rabies vaccination expiration (up to a 3 year license). Thereafter, you will receive a renewal notice about 30 days prior to your license expiration. If your current rabies certificate on file expires during, you are not being mailed a renewal application now. Your existing license will be extended automatically until your rabies vaccination expiration date later in 1995. About 30 days prior to your dog's rabies expiration, you ' will receive a renewal application from the City and complete the same licensing process. The fee structure for dog licensing will be: 1 year license $ 5.00 2 year license $10.00 3 year license $15.00 The previous one -year dog license fee was $10 with a $5 discount if purchased 'during January. As you can see, the new fee structure actually reduces overall fees and allows you and the City to save time and money by avoiding an annual licensing process. You may wish to talk with your veterinarian about this change to a multi -year license to ensure that an expiration date is listed on your certificate. Some veterinarian clinics have preferences for two or three year rabies vaccinations. If your rabies certificate does not state an expiration date, the expiration date will be assumed to be two years from the date of the vaccination. Your suggestions and comments on the new process are welcome and will be shared with the City Council. Feel free to call me at 550 -5014. If you have questions on your dog license renewal, please call 550 -5107. Sincerely, Laurie F. Ahrens City Clerk We Listen • We Solve • We Care 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447 • TELEPHONE (612) 550 -5000 2 ME TOLD T DEVELOPMENT COMPANY December 6, 1994 The Honorable Joy Tierney Mayor City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Tricord Systems, Inc. 2800 Northwest Boulevard Plymouth, Minnesota Dear Mayor Tierney: i , M- tol As the developer for the Tricord Systems, Inc. project, I would like to take this opportunity to extend my thanks and the gratitude of my staff to you, the City Council Members, the planning staff, the engineering staff and everyone else at the City of Plymouth who had a hand in the project. From the very first preliminary meetings through the approval process and obtaining the Certificate of Occupancy, each and every individual displayed the willingness to treat us like a customer. They were prompt in returning phone calls, reasonable yet thoroughly professional in their demands and helpful 'when an inevitable problem arose. 4 We first met with the staff for this 166,000 square foot project in March, submitted our applications in April, received approvals in May, have recently completed construction and are now awaiting our Certificate of Occupancy. This schedule could not have been achieved without the assistance and commitment of your staff. Thanks again. We look forward to the opportunity to work with you and in the City of Plymouth again in the very near future. i Sincerely, i Ralph O. Robinson Chairman ROR:djm i MINNEAPOLIS • MILWAUKEE • CHICAGO WEDGWOOD COMMERCE CENTRE • 6900 Wedgwood Road, Suite 100, Maple Grove, MN 55311 • (612) 420.9000 Fax (612) 420.7574 I i 1 M. k Hennepi County An Eoual Oonortumty Emnlover December 1, 1994 DEC - 7 Mr. Fred G. Moore Director of Public Works City of Plymouth ' 3400 Plymouth Boulevard Plymouth, MN MN 55447 RE: SPEED ZONING - CSAH 10 (Bass Lake Road) Between Zinnia Lane and CSAH 156 (Winnetka Avenue) in the Cities of Maple Grove, New Hope and Plymouth Dear Mr. Moore: Attached is a copy of a speed limit authorization issued by the Minnesota Department of Transportation for CSAH 10 between Zinnia Lane and CSAH 156. Portions of this authorization will effect speed limits within or adjacent to your community and are described as follows: 40 mph speed limit between Zinnia Lane and CSAH 61 (East Jct. /Hemlock Lane) which is a reduction from the present 45 mph speed limit. 45 mph speed limit between CSAH 61 (East Jct.) and Zachary Lane which represents no change in the existing speed limit between CSAH 61 (East Jct.) and Deerwood Lane and is a reduction from the present 50 mph speed limit between Deerwood Lane and Zachary Lane. 50 mph speed limit between Zachary Lane and 300 feet west of Gettysburg Avenue /International Parkway which represents no change in the existing speed limit. 35 mph speed limit between 300 feet west of Gettysburg Avenue/ International Parkway and CSAH 156 (Winnetka Avenue) which is a reduction from-the present 40 mph speed limit between 300 feet west of Gettysburg Avenue/ International Parkway and Boone Avenue and represents no change in the existing speed limit between Boone Avenue and CSAH 156 (Winnetka Avenue). Department of Public Works 320 Washington Avenue South Recycled Paper Hopkins, Minnesota 55343.8468 (612) 930 -2670 FAX: (612) 930 -2513 TDD: (612) 930 -2696 Mr. Fred Moore December 1, 1994 Page 2 The necessary signing changes will be completed as soon as scheduling permits. Sincerely, Thomas D. Zhnson, P.E. Transportation Planning Engineer TDJ /DAL:gk r Attachments { cc: Vern Genzlinger j Jim Grube Ted Hoffman l r { 1 r 0 - JvI.>/DO7F 29213 (12 -78) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Page 1 of 1 Page Road Authority Hennepin County Date November 2, 1994 Road Name or No. County State Aid Highway 10 Termini of Zone: From Zinnia Lane To Winnetka Avenue Date of Request August 15, 1994 Kindly make the following changes in speed limits on the above - referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. 40 miles per hour between the intersection with Zinnia Lane and the intersection with Hemlock Lane. 45 miles per hour between the intersection with Hemlock Lane and the intersection with Zachary Lane. 50 miles per hour between the intersection with Zachary Lane and a point approximately 300 feet west of the intersection with Gettysburg Avenue. " 35 miles per hour between a point approximately 300 feet west of the intersection with Gettysburg Avenue and the intersection with Winnetka Avenue. NOTE: The speed limits, described in this authorization, are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. (1) White - Road Authority (1) Pink - Central Office Traffic (1) Blue - District Traffic Engineer for Road Authority use only Date traffic control devices changed implementing this authorization I Month- Day -Year I Signature I Title �Lj,-� . b �j, y{��{.yy[[.J./y�,b• t.. 'ii aviY >: r %iiiN: i%. }\•P.�i YTkA :: A: 41 �t�t.� T. }mA:" •1�.`•Y•,.� ii..'.tal�t: }�I.v.li�: �: 1 :A}My �•y(:i'.���jjffyy%%.. �i .~m'YMI (�IS,�y :�i i.: i 1 t. .l.u't'i ��i tin, �: 1•.ii•.1 ��, >11. i1.i�':`r:�;. .J;M1S +'••. ������tM!' t ... .;4. 1 : i :: i•T: ';1.Y. •,: •W S i i'IY ,1iA.t •74�pV1 NV Va + +b�`i�.r ArRHa +Ap ' ..i tip l \t;t�' tl t it'!�i' iii ivied•.+ A+ 1� >m Y�+ •. t:�tl i7i.ti'•f ✓:•ii .. '� i��•='Ir•I'�• %lit '•II�A9i K. fF..�v:i•l/t�•'+ :P tin :i•t t •' t� may Ni iliv' MDR. ib >t.i� @++JJ��}t'.;•St•il•�. }.•• . .. +�f t !I >•�C/�l'Y 0 J.� '! f � y •k ia+ tN �•< I • . � ... .: t.t . I 1Fi�.� <������r "'•'���nGl %1i���1�P�:�f� -3, . ' . l••�t'PP it7t• r': St'oi •:.: �:.ni'i ii ti v:td>.!d .dR..+i .db�+. <. .'i'� "P� i i�.t Ci' � "i: l'.+...LJ If: >ib6wr. : .}••m. �. 1 gvrbfi :<. .;'::S„: MTT MV^Y•• {. T'•. /i S. IT�q �t >C tt �t.G>�RLIKt 1Iy FMK>M'•w9�.iq>it�t:�>,tKtY..f rl�•1! ":.'. i R. DATE: Thursday, December 08, 1994 ! TO: City Attorney Roger Knutson FROM: Nick Granath RE: Wetlands Ordinances Adoption Process CC: Mayor, City Council, City Manager SUMMARY • in order to pass a meaningful wetlands ordinance — one that will protect the environment significant changes will be necessary, in my opinion, to the current drag. • Even more important, however, the Planning Commission has taken almost a full year to consider this one act of municipal legislation and as a consequence we are now faced with the prospect that the Council will not get to act on it until next year, Worse, perhaps, there will take place a second public hearing in order to consider amendments to the current version. This raises process concerns which must be addressed at this point in time. ACTION Advise the Council, in writing at your earliest convenience, on the following_: 1. Assuming a major amendment such as the buffer width, what if anything is necessary in order to ensure the integrity of public hearing process ? For example, does a major amendment need to be heard at the hearing or not ? Would a minority report suffice ? 2. Can the Council remove jurisdiction of the Wetland Ordinance from the Planning Commission at this time and if so how? 3. Under what conditions could the Council act to abolish the Planning Commission and reconstitute ? BACKGROUND It has recently become apparent that the long delay in consideration by the Pluxmh g Cullizin6.iuu of ILC Wcdau& OA, au appamut lack of as wiwimus of support on the Commission for the idea in the first place, the excruciating criticisms lodged, and the extraordinary opportunity afforded developers to 'I -'- U. A -.- thwart this initiative have all combined to produce a draft that will not be acceptable to this Councilmember nor, I would venture, to the original majority that voted to begin the drafting process. • Specifically, Section 6 of the 23 November 94 draft is an exception larger than the rule. In all likelihood, it is an open invitation to developer's lawyers, hired expert witnesses, large administrative overhead, and generally, in my opinion, defeats the main purpose of the ordinance. • The draft Wetlands ordinance as it now appears fails in my opinion to address the basic goals which I had hoped for, which I believe the Council had previously set, and which the draft itself declares. The extraordinary delay has undermined the integrity of the legislative process. We are in danger of taking longer to pass this one ordinance — not the first of its kind for a city of our stature — than it has taken the Federal government to declare, wage and win a major foreign war. ENCLOSURES 1. Granath written public testimony for Planning commission 2. Memo from G. Black to Granath 3. Wetlands Ordinance Objectives ---- end ---- Zl� � On my personal knowledge or belief I state the following as my written public testimony, in part, regarding the proposed Wetland Ordinance, which I speak against as it exists in the form provided to the planning Commission by memo from B. Senness dated November 23, 1994, and which is entitled "Draft Wetlands Protection Ordinance (94072) ", or in any later form which may be submitted to the Commission to the extent such'draft is similar: A CITY HAS LEGAL A,[JTH�RITY TO AST: 1 MI i • Under Minn. Stat. § 462.358, subd 1(a) the City can: "promote public ... welfare" t • Under Minn. $tat. § 462.358, subd 1(b) the City may require a reasonable portion of land preserved for conservation • Similar state law ha .4 been held conatitutional in Co1Lis v Blom": there was no taking where a "reasonable portion" of land which was 10% of land for a park dedication 1 i i "PACT O1~ LECAL MA JRS ARE BY: i • Grandfather exist gg structures • Variances for new nonconforming structural additions (see Code § 12, subd A) • Abide by Minn. Stat. § 462.358 subd 3(c): no amendments following 1 year after preliminary approval and 2 years after ftal, and no new applications if "substantial physical activity and investments" 1 12/8/94 Nick G wmffi kD AW) • Avoid any "takings" issue (No taking should result where: 1) no physical taking, such as an easement, is contemplated and, 2) no basis for a regulatory taking results from diminished value, only in denial of all reasonable use.) • Harm to "vested rights" (No Minnesota court has recognized vested rights in a suhdivisinn approval or an ordinance, only in building permits which will be respected). • Avoid Equitable Estoppel claims (legal burden for this type of claim is on Plaintiff and is heavy) + Lessen disputes over buffer -land vs. wet -lands (We can mitigate though not avoid disputes with developers by clear, unambiguous drafting of the purposes of the ordinance, the enforcement provisions, and thereafter by consistent and fair application) • Dolan v. Tigard (This recent U.S. Supreme Court decision focused on dedications not regulations. By not seeking dedication of the buffer areas, by pritscr uog all setback areas as private propt► -ty, e,&pobure ib whkimal.) • Other metro wetlands ordinances are "on the books" • Minnesota has a Wetlands Conservation Act • Other states passing Wetlands laws, ex. Connecticut • Risk can be overstated ex. environmental litigation has not tended to be property -owner driven$ but enforcement driven. • Fear of litigation should not guide policy, only instruct it. Nick GmanWh 2 12/8/94 • Cost of potential litigation is a factor in policy making which must ultimately be weighed against the cost of not acting and the overall public purpose. E. THE GOALS 12E THE INITIATIVE BEEMD THE ORDINANCE FevnR e ATTACHED WMO FROM COMMSSIONER A K A.5 MY TESTIMONY i • I endorse the attached memorandum from planning Commissioner Ms. Ginny Black dated December 6,1994 as my own testimony, in addition to the above, and adopt the criticisms and recoibmendatiuns therein as my own. CONCLUSION i I oppose the current draft for all the reasons stated herein and for the same reasons advocate a stronger version. Specifically, I oppose the inclusion of Section 6 and urge its deletion. In the alternative; I urge that the Commission vote without further delay on the main question and refer it to the Council for it final action, including amendment. Sincerely j .i i �`T�VP �lGl:idlli Ward 3 Plymouth City Council { Enclosures: 1. Black memorandum (3 pages) 2. Wetlands Ordinance Objectives overview (1 page) t —end— OWL i f,G L qk- Itie uvwVi M. � FED HENNORN COUNTY MY C=*' MfthJ twrW`os Nick Granath i 3 12/8/94 Oinuy Black's XUD 11410 49th Plao$ ;Or PITUOUth, 3IN 55442 11 TI; December 6, 1994 TO: Council Member Granath FAX: 945 -9563 OGSJSOT: Proposed Wetland ordinance Amendment This memo is a follow -up to our telephone conversations over the past week regarding tho proposed wetland ordinance amendment. in those conversations I have expressed concern over the inclusion of $action 6. The following are my concerns regardinq the current draft of the wetlands ordinance: * It shirts the focus from wetland protection to water quality only. * Hest Management Practices (MW) have already been adopted by the city, aggressive implementation and enforcement of UP could achieve the same water quality goals as those in Section 6. * This drafted doss not satisfy five of the sight objectives defined at the beginning of the wetland ordinance process (see attachment). * it will be very difficult to administer. * it will be more difficult to monitoring and enforce than a simple buffer area. , * The 251 structure setback is to short for a single family detached structure. I have also talked with Planning Director Ms, Ann Hurlburt. We discussed ray ooncerns and she explained that the planning staff was currently revising the wetland ordinance to place conditions on when Section 6 could be used. Specirically, these condition& would in effect make Section 6 a defacto performance standard for situations where the more restrictive standards in section $,could result in a "takings" situation. These standards would be used by the developer as a means of avoiding the variance procedures in the existing ordinance. At the end of my Conversation with Hg. Hurlburt Y express my willingness to at least consider the Changes the planning atatt is making to the ordinance. However, upon further • `o J`.J consideratlgn, I believe that those changes will have little affect on my willingness to adcept Section t as a viable option. There are two reason for this: ij the inability to monitor the measures proposed in section 6, and 2) the difficulty of enforcing these measures if they are discovered to have failed. r Background The source of the standards in Section 6 came from the Developers presented to the Planning Commission on October 261 1994. In this presentation the Developers requested greater flexibility in the proposed ordinance. I believe that the ordinance with the deletion of section o still provid4a a groat; deal of flexibility. Specifically, section 6 allows flexibility in the with of the buffer. Add to the flexibility of Section eight the flexibility of the exiting riUD section of the ordinance and it s difficult to see why ; i greater flexibility is needed. i • Another area of concern has been the perceived loss of property values for lands adjacent to wetlands. At a Council study session in November the Council discussed the Ponds at Bass Crook Development. In that discussion 'it was revealed that the lots in the southern section of the development were more expensive then those in the norther section of the development. As you are aware, the southern section of that development is the section that has the maJority, if not'all, the wetlands. Directly disproving the theory that property owners with land adjacent to wetlands ,will have less valuable land. i 64111 3aa ..rsepus i section 6 significantly weakens the wetland ordinance. It shifts the foous'of the ordinance to water quality ooncerns and complete disregards the requirements for a healthy wetland ecosystem. over the past week I have had numerous phone conversation with a wetlands export at the University of Minnesota - St. Paul Campus, the'staff at the Corp of Engineers, and DNR staff_ All of those wetlands experts agreed that if Section 6 remains in the'ordinance the focus of the will be water quality VOT the protection of a healthy wetlands eoosystem. Tho wetlands expert from the University-specifically emphasixed that the engineering methods proposed in Section 6 focus on only ono function, that of water quality. In addition she felt that it would be very difficult to enforce the "extraordinary management measures ". The extraordinary management measures proposed in Section 6 would only address the removal of one source of nutrient i • , { t i 1 i 1 a'- it 6 .Aw from water entering a wetland,. Phosphorus. Theses methods will not address the removal of other pollutants such as nitrogen, The removal of nitrogen is dependent upon the presents a healthy plant community and the duff (decaying Plant matter) created by that plant community. It was the University experts view that at the extraordinary management measures proposed in Section 6 would address only a limited number of Water quality function. All other functions of a wetland would not be addressed. This was also the view of the Dr. Steven S. Woodard, the.expwrt consulted by City staff. base upon the information I have gathered and conversation* I have had with wetland profsseeionsls, Y believe that Section 6 severally weakens the wetlands ordinance and creates an unnecessary loop hole. The simplest way to strengthen the ordinance is to delete Section 6 and I recommend this course of action. The existing ordinance allow tha devslopvr, city staff, planning commission, and council the ability to make adjustments (PUD ordinance, re- zoning, variance procedure, and CUP procedure) for extraordinary situations as needed. �.P.hw WETLAND ORDINANCE OWECTI' n SATISFY THE WCA REQUIREMENTS - NO NET LOSS ■ ESTABLISH STANDARDS THAT BAIANC3 THE DESIRE TO PRESERVE AND PROTECT NATURAL RESOURCES WITH THE NEED TO Ri3WGMZB PRYVATB PROPERTY RIGIHTS AND DEVELOPABLE LAND IN THE COMMUNITY f PRESERVE THE NATURAL CHARACTER OF THE COMMUNITY LANDSCAPE THROUGH THE MAnMNANCE OF WETLAND ECOS.YS'I'EMS ADOPT A SET OF CONSISTENT STANDARDS TO GUIDE FUTURE LAND DEVELOPMENT AND ALTERATION ACTIVITMS { • TO FTLTBR SURFACE WATBR RUN -OFF BEFORE DISCHARGING} INTO COMMUNITY LAKES & STREAMS • TO STRIP NUTRIEN'T'S - AVOIDING BUTROPHICATION OF LAKES AND RECEIVING STREAMS TO MAINTAIN VITAL WILDLIFE HABI'T'AT, SPECIES DIVERSITY. AND NESTING COVER TO DBVELOP AN ORDINANCE TjiAT IS CLEAR, UNDERSTANDABLE AND BASY TO ADMINISTER 0 -K G' City otrt,"tb wetland orfts m Aa�et id, il94 r f r { j 111; . Zlo� On my personal knowledge or belief I state the following as my written public testimony, in part, regarding the proposed Wetland Ordinance, which I speak against as it exists in the form provided to the Planning Commission by memo from B. Senness dated November 23,, 1994, and which is entitled "Draft Wetlands Protection Ordinance (94072) ", or in any later form which may be submitted to the Commission to the extent such'draft is similar: F.Mej •W 191 ri 111:14M • 111114\ Ilea 4 i • Under Minn. Stat. § 462.358, subd 1(a) the City can: "promote public ... welfare' Under Minn. $tat. § 462.358, subd 1(b) the City may require a reasonable portion of land preserved for conservation + Similar state law has been held constitutional in Collis y, Bloomington: there was no taking where a "reasonable portion" of land which was 10% of land for a park dedication • Grandfather existing structures • Variances for new nonconforming structural additions (see Code § 12, subd A) • Abide by Minn. Stat. § 462358 subd 3(c): no amendments following 1 year after preliminary approval and 2 years after final, and no new applications if "substantial physical activity and investments" Nick Granath 1 12/8/94 —� \o Jh.J • ,Avoid any "takings" issue (No taking should result where: 1) no physical taking, such as an easement, is contemplated and, 2) no basis for a regulatory taking results from diminished value, only in denial of all reasonable use.) • Harm to "vested rights" (No Minnesota court has recognized vested rights in a subdivision approval or an ordinance, only in building permits which will be respected). • Avoid Equitable Estoppel claims (legal burden for this type of claim is on Plaintiff and is heavy) + Lessen disputes over buffer -land vs. wet-lands (We can mitigate though not avoid disputes with developers by clear, unambiguous drafting of the purposes of the ordinance, the enforcement provisions, and thereafter by consistent and fair application) I • Dolan Y. Tigard (This recent U.S. Supreme Court decision focused on dedications not regulations. By not seeking dedication of the buffer areas, by prest;viug oil setback *r"s As privatt proptrty, tapobui a is Auhkimal.) C. nEM IS PRECEDENT: i • Other metro wetlands ordinances are "on the books" Minnesota has a, Wetlands Conservation Act Other states passing"Oetlands laws, ex. Connecticut <r t.,/.I ► ' : C t :: �� a : ale : 1, : ' ' 1 e T.I 1 i 1.1 a I) ZII►0VZI►1D PXKOI Z F-1 ` • 1:I� Lei :.I074W, 1 . Risk can be,overstated: ex. environmental litigation has not tended to be property-owner driven, but enforcement driven. I Fear of litigation should not guide policy, only instruct it. Nick Gnun& 1 2 12/8194 T low • Cost of potential litigation is a factor in policy making which must ultimately be weighed against the cost of not acting and the overall public purpose. M MOO r; . ► as I►i I : D IMAUGI MrAel bill .i : MM'S I • ; 1 • I endorse the attached memorandum from Planning Commissioner M. Ginny Black dated December 6, 1994 as my own testimony, in addition to the above, And Adopt the criticisms and rttommendations therein as my own. I oppose the current draft for all the reasons stated herein and for the same reasons advocate a stronger version. Specifically, I oppose the inclusion of Section 6 and urge its deletion. In the alternative, I urge that the Commission vote without further delay on the main question and refer it to the Council for it fbW action, including amendment. Sincerely Nj� J-L-'-� Niel. Or,MMML Ward 3 Plymouth City Council ow'Ak- qu tie WMi Y = 4ft0jWEflWM I "Ewan" COUNTY Enclosures: 1. Black memorandum (3 pages) 2. Wetlands Ordinance Objectives overview (1 page) . --- end ---- Nick Granath 3 12/8194