HomeMy WebLinkAboutCouncil Information Memorandum 12-08-1994f
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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
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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@
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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
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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:"
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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 '
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'� 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
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greater flexibility is needed.
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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.
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64111 3aa ..rsepus
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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
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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
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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
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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)
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• 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:
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• Other metro wetlands ordinances are "on the books"
Minnesota has a, Wetlands Conservation Act
Other states passing"Oetlands laws, ex. Connecticut
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Risk can be,overstated: ex. environmental litigation has not tended to be
property-owner driven, but enforcement driven.
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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
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• 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) .
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Nick Granath 3 12/8194